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12/17/1996 - Regular
J~ FiOANp,Y~ . A Z G7 7838 ~~~~~ WORKING DOCUMENT -SUBJECT TO REVISION - - ROANOKE COUNTY BOARD OF SUPERVISORS ACTION AGENDA DECEMBER 17,1996 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, please contact the Clerk to the Board at (540) 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. 2. Invocation: The Reverend Samuel Crews Coopers Cove Baptist Church 3. Pledge of Allegiance to the United States Flag. B. REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF AGENDA ITEMS i ® Recycled Paper C. PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND AWARDS 1. Resolution of Congratulations to Chip Sullivan for being the first person from the Roanoke Valley to qualify for the PGA tour. D. BRIEFINGS NONE E. NEW BUSINESS 1. Resolution requesting approval by the Virginia Department of Transportation of the expansion of existing gateway beautification sites and the addition of one proposed gateway site. (Terry Harrington, Planning & Zoning Director) R-121796-1 BIT MOTION TO APPROVE RESO ~~ 2. Request from the Urban Partnership for $5,000 appropriation to continue County membership. (Elmer C. Hodge, County Administrator) 2 3. Request for approval of Smith Gap Landfill Host Community Fund Expenditure Plan. (John Hubbard, Executive Director, Roanoke Valley Resource Authority) A-121796-3 FFH OTION TO APPROVE EXPENDITI„TRE PLAN IIB.~. HCN ADVISED HE WIi.L BRING BACK AGENDA REQ TF'S RE ARDING iTNriTf,Fii.i FD COMIVIITMENT TO RESIDENTS AT OLD LANDFILL ON RLTTROUGH ROAD. 4. Request for approval of change to Recycling Plan. (Elmer C. Hodge, County Administrator) 5. Request to use Public Private Partnership Funds to complete application for Phase II ISTEA Grant for Hanging Rock Battlefield Trail. (Timothy Gubala, Economic Development F. REQUESTS FOR WORK SESSIONS 3 G. REQUESTS FOR PUBLIC HEARINGS H. REQUEST FOR PUBLIC HEARING AND FIRST READING OF REZONING ORDINANCES -CONSENT AGENDA BLT MOTION TO APPROVE 1ST RFADIN 2ND AND PUBLIC HEARING - 1/28/96 1. Ordinance authorizing a Special Use Permit to allow a beauty shop in a residence, located at 6187 Bent Mountain Road, Windsor Hills Magisterial District, upon the petition of Jean McDowell. (Terry Harrington, Planning & Zoning Director) 2. Ordinance to rezone .73 acre from I-1C to C-2 to allow operation of a retail furniture store, located at 6024 Williamson Road, Hollins Magisterial District, upon the petition of George Jacob. I. FIItST READING OF ORDINANCES J. SECOND READING OF ORDINANCES K. APPOINZ~NTS 1. Blue Ridge Community Services Board of Directors I BE NOMINATED SUSAN CLOETER TO ANO_TI`IER 3-YEAR TERM WHICH WTi.T. F,XPiRF,12/31/99, AND THAT COrtFIRMATION BE ADDED TO CONSENT AGENDA. 4 2. Library Board L. CONSENT AGENDA ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED BY THE BOARD TO BE ROUTINE AND WILL BE ENACTED BY ONE RESOLUTION IN THE FORM OR FORMS LISTED BELOW. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY. R-121796-6 Ri,T MnTION TO APPR VE CONSENT RESO WITH ITEM L-5 ADDED ~~ 1. Confirmation of Committee Appointment to the Blue Ridge Community Services Board of Directors. A-121796-6.a 2. Adoption of the Drainage Maintenance Projects for Fiscal Year 1996/97. 3. Donation of right-of--way from Dennis E. Phelps and Sandra Phelps to the Board of Supervisors in connection with the Pinkard Court Rural Addition Road Project. A-121796-6.c 4. Donation of water line easements to the Board of Supervisors from Fralin and Waldron and Minh and Su Dinh. 5. Confu oration of Committee appointment to the Blue Ridge Community Services Board of Directors. A-121796-6.e M. REPORTS AND INQUIRIES OF BOARD MEMBERS 5 ,S~~rvisor ddy~(1 LSent the~nide Ines on the Regional Competitiveness Act try the Board members a_nd re~l~psted their suggestions (2) Advised that the 5th PDC is concerned about the Ne w Centurv Council's recom mendation to be recogn'~ed bX the st?te as a reg of nal plan ning a nay and asked for c o meats BLT al o e~ressed ~ncern about continued representation LBE aske d that this be i_n_cluded in the ' o m y's legi la iv p~gr am (3) Requested that the County s legislative program include sunnort for franch ising a horny for Counties similar to that of cities H~ aurpPr~ but advised that the meeting with the dele gates be iLmited to the most important issues (~) As ked for comments from the Board members to letter from Robert Hunt expressing c~ n~Prn about the 745 KVA tr ansmission line on Fort Lewis Mountain He will includ e them in his response to M r. Hunt. .S~pervisor Tohnson• Responded to a recent editorial recommending a co mission to look at placement of cellular towers Recommended addressing each r_gq~p~* as it comes forward and felt it was th~Board's respons' '~~ to make the decision. N. CITIZENS' COI~~IlVIENTS AND COMM[J1~IICATIONS O. REPORTS 1. General Fund Unappropriated Balance 2. Capital Fund Unappropriated Balance 3. Board Contingency Fund 4. Accounts Paid -November 1996 5. Statement of the Treasurer's Accountability per Investments and Portfolio Policy, as of November 30, 1996. 6. Acknowledgment from VDOT of additions to the Secondary System. P. WORK SESSION 1. Update on the Comprehensive Plan. (Terry Harrington, Planning & Zoning Director) 4.45 P M - 5.25 P M -PRESENTED BY TERRY I:[ARRINGTON WHO UPDATED BOARD ON CITIZENS ADVISORY COMMITTEES AND FUTCTRF PT.ANNED MEETINGS. Q. EXECUTIVE SESSION pursuant to the Code of Virginia Section 2.1- 344 A (7) Consultation with legal counsel regarding probable litigation, BPOL tax, Vest .Property condemnation proceedings; amendment to the Sewage Treatment Plant; and (5) discussion of economic development prospect. BLT MOTION TO C~-O INTO EXECUTIVE SESSION AT 4.45 P M FO I.[)WIN SHE WORK SESSION I~t~ R. CERTIFICATION OF EXECUTIVE SESSION R-121796-7 BL.T MOTION TO RETCTRN TO OPEN SESSION AT 7.00 P M A_ND APPROVE RESO ~C EVENING SESSION PMM ADDED 5 NEW BUSINESS ITEMS TO V UNDER CITIZ N ONIlVIENTS S. PROCLAMATION, RESOLUTIONS AND RECOGNITIONS 1. Resolution of Congratulations to Chip Sullivan for being the first person from the Roanoke Valley to qualify for the PGA tour. R-121796-8 FFH MOTION TO APPROVE RESO IBC MR SLTi.i.TVAN WAS PRESENT TO ACCEPT 1. Resolutions of Appreciation to Fire and Rescue Volunteers with 25 years of services to Roanoke County. R-12 796-9 HCN MOTION TO APPROVE RESO I.~C ~,A_Q~r>, S AND RESOS PRESENTED TO DOUG ADAMS, TOM PHILPOTT. nANNY SNIDER. AND DEAN ROBBER.. T. PUBLIC HEARINGS 1. Public Hearing and adoption of resolution supporting tax exempt status for the Hollins Communications Research Institute. (Paul ~• ~2 l~ 9 ~ -1 q M. Mahoney, County Attorney) . ~~~. I~BE MOTION TO APPROVE RESO AYES-LBE. BL.T NAYS-FM,FFH,HCN 2. Public Hearing and adoption of resolution supporting tax exempt status for the Hanging Rock Battlefield and Railway Preservation Foundation. (Paul Mahoney, County Attorney) R-121796-10 FFH MOTION TO APPROVE RESO IBC 3. Public Hearing and resolution to consider the acquisition by condemnation or other means of an easement across certain property owned by Michael C. Martin and Fay H. Martin and Raymond C. Weeks and Debora Q. Weeks for the construction and installation of water transmission lines. (William B. Hopkins, Jr.) R-121796-i1 s RT,T MOTION TO APPROVE RESO DELETING CONDEMNATION PROrF.FnTNGS AGAINST RAYMOND C. WEEKS AND DEBORA WEEKS. I~~ U. PUBLIC HEARING AND SECOND READING OF ORDINANCES 1. (a) Ordinance amending and reenacting portions of Chapter 5, Animals and Fowl, of the Roanoke County Code to clarify the authority of the Community Service Officers of the Roanoke County Police Department to enforce the County's animal control ordinances, and to increase the fees for boarding and pickup of animals; and: (b) Authorization to execute a contract with the Roanoke Valley SPCA for the impoundment of animals. (Joseph Obenshain, Sr. Assistant County Attorney) 0-121796-12.a BL.T MOTION TO APPROVE ORD WITH ADDITION OF "ELECTRONIC IlVIPL.A_NT" ON PAGE 8 OF ORDINANCE. ~~ A-121796-12.b BT.T MOTION TO APPROVE CONTRACT WITH~PCA ~~ 2. Ordinance establishing a Board of Appeals and establishing procedures and requirement to hear appeals from decisions made under the provisions of Chapter 9, "F~re Prevention and Protection" of the Roanoke County Code. (Paul Mahoney, County Attorney) 0-121796-13 BL.T MOTION TO APPROVE ORD AYES-FM,FFH,HCIV.BL.T NAYS-LBE V. NEW BUSINESS AND CITIZEN COMMENTS AND COMMUNICATIONS 1. Citizens Comments 9 2. Resolution rescinding resolution 111996-13 and withdrawing the authorization to acquire a one acre parcel of land from Randolph H. and Linda C. Vest for the Country Farm Road Improvement Project by eminent domain proceedings. ~.~ 3. Resolution concurring in the extension of the statute of limitations on behalf of the Kroger Co., for the purpose of applying for relief from an assessment of license taxes. R-121796-15 ~T MOTION TO APP OVE ~~ 4. Request to approve an amendment to the Regional Wastewater Treatment Contract. (Gary Robertson, Utility Director) R-121796-16 FM MOTION TO PPRO ('.[)NTRA T WITH ,B 7(TFSTTON AT RESO BE AMENDED TO FMOVE °ALLOCATION4 O T(1TAI PROTECT COSTS AMONG THE PARTIF;S.° ANGLIA E ~~ 5. Resolution authorizing and approving the settlement of a license tax claim against Cox Cable Roanoke. R-121796-17 F'n!IMOTION TO APPRO F„ O A MEND .D BY H N ~~ 6. Resolution authorizing the County Administrator to execute an extension to the lease in the Salem bank and Trust Building for the Department of Social Services. io W. ADJOI;fRNMENT 11 ~ ~~OANp~ ,purr a~ rs¢ eurc xmce O FG ti ~ A 2 ~ 1838 ROANOKE COUNTY BOARD OF SUPERVISORS AGENDA DECEMBER 17, 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. /ndivic/ua/s with disabi/ides who require assis~an~e 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. j 1. Roll Call. 2. Invocation: The Reverend Samuel Crews Coopers Cove Baptist Church 3. Pledge of Allegiance to the United States Flag. B. REQUESTS TO POSTPONE, ADD TO, OR CIiANGE THE ORDER OF AGENDA ITEMS C. PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND AWARDS 1. Resolution of Congratulations to Chip Sullivan for being the first person from the Roanoke Valley to qualify for the PGA tour. ® Recycled Paper D. BRIEFINGS E. NEW BUSINESS 1. Resolution requesting approval by the Virginia Department of 1~ansportation of the expansion of existing gateway beautification sites and the addition of one proposed gateway site. (Terry Harrington, Planning & Zoning Director) 2. Request from the Urban Partnership for $5,000 appropriation to continue County membership. (Elmer C. Hodge, County Administrator) 3. Request for approval of Smith Gap Landfill Host Community Fund Expenditure Plan. GTohn Hubbard, Executive Director, Roanoke Valley Resource Authority) 4. Request for approval of change to Recycling Plan. (Elmer C. Hodge, County Administrator) 5. Request to use Public Private Partnership Funds to complete application for Phase II ISTEA Grant for Hanging Rock Battlefield Trail. (Timothy Gubala, Economic Development Director) F. REQUESTS FOR WORK SESSIONS G. REQUESTS FOR PUBLIC HEARINGS H. REQUEST FOR PUBLIC HEARING AND FIRST READING OF REZONING ORDINANCES -CONSENT AGENDA 1. Ordinance authorizing a Special Use Permit to allow a beauty shop in a residence, located at 6187 Bent Mountain Road, Windsor Hills Magisterial District, upon the petition of Jean McDowell. (Terry Harrington, Planning & Zoning Director) 2 2. Ordinance to rezone .73 acre from I-1C to C-2 to allow operation of a retail furniture store, located at 6024 Williamson Road, Hollins Magisterial District, upon the petition of George Jacob. I. FIRST READING OF ORDINANCES J. SECOND READING OF ORDINANCES K. APPOINTMENTS 1. Blue Ridge Community Services Board of Directors 2. Library Board L. CONSENT AGENDA ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED BY THE BOARD TO BE ROUTINE AND WILL BE ENACTED BY ONE RESOLUTION IN THE FORM OR FORMS LISTED BELOW. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY. 1. Confirmation of Committee Appointment to the Blue Ridge Community Services Board of Directors. 2. Adoption of the Drainage Maintenance Projects for Fiscal Year 1996/97. 3. Donation of right-of--way from Dennis E. Phelps and Sandra Phelps to the Board of Supervisors in connection with the Pinkard Court Rural Addition Road Project. 4. Donation of water line easements to the Board of Supervisors from Fralin and Waldron and Minh and Su Dinh. M. REPORTS AND INQUIRIES OF BOARD MEMBERS 3 N. CITIZENS' COMIlVIENTS AND COMMUNICATIONS O. REPORTS 1. General Fund Unappropriated Balance 2. Capital Fund Unappropriated Balance 3. Board Contingency Fund 4. Accounts Paid -November 1996 5. Statement of the Treasurer's Accountability per Investments and Portfolio Policy, as of November 30, 1996. 6. Acknowledgment from VDOT of additions to the Secondary System. P. WORK SESSION 1. Update on the Comprehensive Plan. (Terry Harrington, Planning & Zoning Director) Q. EXECUTIVE SESSION pursuant to the Code of Virginia Section 2.1- 344 A ('n Consultation with legal counsel regarding probable litigation, BPOL tax; (5) discussion of economic development prospect. R. CERTIFICATION OF EXECUTIVE SESSION S. PROCLAMATION, RESOLUTIONS AND RECOGNITIONS 1. Resolutions of Appreciation to Fire and Rescue Volunteers with 25 years of services to Roanoke County. T. PUBLIC HEARINGS 4 1. Public Hearing and adoption of resolution supporting tax exempt status for the Hollins Communications Research Institute. (Paul M. Mahoney, County Attorney) 2. Public Hearing and adoption of resolution supporting tax exempt status for the Banging Rock Battlefield and Railway Preservation Foundation. (Paul Mahoney, County Attorney) 3. Public Hearing and resolution to consider the acquisition by condemnation or other means of an easement across certain property owned by Michael C. Martin and Fay H. Martin and Raymond C. Weeks and Debora Q. Weeks for the construction and installation of water transmission lines. (William B. Hopkins, Jr.) U. PUBLIC HEARING AND SECOND READING OF ORDINANCES 1. (a) Ordinance amending and reenacting portions of Chapter 5, Animals and Fowl, of the Roanoke County Code to clarify the authority of the Community Service Officers of the Roanoke County Police Department to enforce the County's animal control ordinances, and to increase the fees for boarding and pickup of animals; and: (b) Authorization to execute a contract with the Roanoke Valley SPCA for the impoundment of animals. (Joseph Obenshain, Sr. Assistant County Attorney) 2. Ordinance establishing a Board of Appeals and establishing procedures and requirement to hear appeals from decisions made under the provisions of Chapter 9, "Fire Prevention and Protection" of the Roanoke County Code. (Paul Mahoney, County Attorney) V. CITIZEN COMI~~NTS AND COMMUNICATIONS W. ADJOI;-RNMENT 5 ~-- AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANORE COUNTY, VIRGINIA, HELD AT THE ROANORE COUNTY ADMINISTRATION CENTER ON TUESDAY, DECEMBER 17, 1996 RESOLUTION 121796-1 REQUESTING APPROVAL BY THE VIRGINIA DEPARTMENT OF TRANSPORTATION OF THE E%PANSION OF SI% E%ISTING GATEWAY BEAUTIFICATION SITES AND THE ADDITION OF ONE PROPOSED GATEWAY BEAUTIFICATION SITE WITHIN PUBLIC RIGHTS OF WAY IN ROANORE COUNTY WHEREAS, the Virginia Department of Transportation has reviewed specifications for the design, installation, and maintenance of existing highway median plantings and shall review specifications for the design, installation, and maintenance of all proposed highway median plantings at particular locations in Roanoke County, and WHEREAS, the Roanoke County Planning Commission originally requested the establishment of the Gateway Beautification project and endorsed its creation on February 7, 1995, and WHEREAS, the Board of Supervisors of Roanoke County first endorsed this project on February 13, 1996 and has appropriated the amount of $18, 000 to fund this project for the 1996-1997 fiscal year. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County, Virginia requests that the Virginia Department of Transportation approve the submitted specifications, permit expansion of the existing landscaped planting areas at locations 1 through 6 and permit a new landscaped planting area at location 7 specified herein: (1) U.S. 220 South of the Blue Ridge Parkway (2) VA 419/Tanglewood Mall southwest of the Roanoke City 1 Limits (3) VA 24 at the Blue Ridge Parkway (4) U.S. 460 at the Botetourt County Line (5) VA 311 at Interstate 81 (6) VA 419 south of the Salem City Limits (7) U.S. it at VA 2010 southeast of Hollins College, and BE IT FURTHER RESOLVED that the Board of Supervisors of Roanoke County hereby agrees to pay 100 percent of the total cost for design, installation, and perpetual maintenance of this project in lieu of a permit fee or continuous bond at the six existing sites proposed for expansion and at one new proposed Gateway Beautification location 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: Mary H. Allen, Clerk Roanoke County Board of Supervisors cc: File Terrance L. Harrington, Director, Planning & Zoning Jeffrey Echols, Resident Engineer, VDOT Diane D. Hyatt, Director, Finance 2 1 ACTION NO. ITEM NO . ... ""'` AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: December 17, 1996 AGENDA ITEM: Request to adopt a resolution requesting approval by the Virginia Department of Transportation of the expansion of six existing gateway beautification sites and the addition of one proposed gateway site within public rights of way in Roanoke County COUNTY ADMINISTRATOR'S COMMENTS: ~'' ~ ,.~~ ~~~~ ~~ BACKGROUND• For the past two fiscal years, the Board of Supervisors has funded a program authorizing the design, planting and maintenance of various gateway locations around the County. Eighteen- Thousand ($18,000) dollars was appropriated for this program for the current FY 1996/1997 fiscal year. This amount included design services, materials, and maintenance for all locations. For the second year of this program, we are proposing to expand and enhance six of the eight original gateway locations. The six locations chosen for expansion are medians at the following locations: • US 220 south of the Blue Ridge Parkway, • VA 419/Tanglewood Mall southwest of the Roanoke City limits, • VA 24 at the Blue Ridge Parkway, • US 460 at the Botetourt County Line, • VA 311 at Interstate 81, and • VA 419 south of the Salem City limits In addition to the enhancement of these six existing sites, we are proposing to develop one additional gateway planting location on US Route 11 (Williamson Road) at the Botetourt County line. .: ~~...~ 2 The two existing sites not proposed for enhancement are the islands located at the intersections of I-81 and Plantation Road and Peters Creek Road and Williamson Road. Expansion of these two sites is not feasible in accordance with VDOT specifications, given the size of the islands, and the location and design of the existing plantings. Plantation Nurseries, a local landscape firm, is under contract in the amount of $17,500 to provide the requested design, planting and maintenance services. This firm provided these services for the first year of this program. Designs for the expanded locations and the one new location have been prepared in accordance with VDOT specifications for plantings within public rights-of-way. Planting of the locations will take place in early Spring. VDOT has requested that Roanoke County adopt the prepared resolution. The resolution indicates that Roanoke County is responsible for the cost of this program, and the perpetual maintenance of these areas. Staff recommends as follows: 1. That the Board of Supervisors adopt the prepared resolution. Respectfully Submitted, ~/~ Terrance Ha ington, AICP Directo of P anning and Zoning Approved, Elmer C. Hodge County Administrator Action Vote No Yes Abs Approved ( ) Denied ( ) Received ( ) Ref erred to Motion by Eddy Harrison Johnson Minnix Nickens ~-~i AT A REGIILAR MEETING OF THE BOARD OF SIIPERVISORS OF ROANORE COIINTY, VIRGINIA, HELD AT THE ROANORE COIINTY ADMINISTRATION CENTER ON TIIESDAY, DECEMBER 17, 1996 RESOLUTION REQUESTING APPROVAL BY THE VIRGINIA DEPARTMENT OF TRANSPORTATION OF THE EXPANSION OF SIX EXISTING GATEWAY BEAUTIFICATION SITES AND THE ADDITION OF ONE PROPOSED GATEWAY BEAUTIFICATION SITE WITHIN PUBLIC RIGHTS OF WAY IN ROANOKE COUNTY WHEREAS, the Virginia Department of Transportation has reviewed specifications for the design, installation, and maintenance of existing highway median plantings and shall review specifications for the design, installation, and maintenance of all proposed highway median plantings at particular locations in Roanoke County, and WHEREAS, the Roanoke County Planning Commission originally requested the establishment of the Gateway Beautification project and endorsed its creation on February 7, 1995, and WHEREAS, the Board of Supervisors of Roanoke County first endorsed this project on February 13, 1996 and has appropriated the amount of $18,000 to fund this project for the 1996-1997 fiscal year. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County, Virginia requests that the Virginia Department of Transportation approve the submitted specifications, permit expansion of the existing landscaped planting areas at locations 1 through 6 and permit a new landscaped planting area at location 7 specified herein: (i) U.S. 220 South of the Blue Ridge Parkway (2) VA 419/Tanglewood Mall southwest of the Roanoke City Limits (3) VA 24 at the Blue Ridge Parkway (4) U.S. 460 at the Botetourt County Line (5) VA 311 at Interstate 81 c,.... 1 (6) VA 419 south of the Salem City Limits (7) U.S. 11 at VA 2010 southeast of Hollins College, and BE IT FURTHER RESOLVED that the Roanoke County hereby agrees to pay 100 for design, installation, and perpetual ~ in lieu of a permit fee or continuous sites proposed for expansion and at one Beautification location. Board of Supervisors of percent of the total cost iaintenance of this project bond at the six existing new proposed Gateway w 1~ A-121796-2 ACTION NO. ITEM NUMBER ~`O~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: December 17, 1996 AGENDA ITEM: Request from the Urban Partnership for $5,000 appropriation to continue membership COIINTY ADMINISTRATOR'S COMMENTS: In 1995, the Urban Partnership was established to promote efficiencies through regional cooperative efforts. They also recommended that the state provide monetary incentives to those regions that develop successful regional solutions. While the majority of member localities were cities, several urban counties also joined the organization. Chesterfield County was a member last year and has chosen to continue their membership for this fiscal year. One of the outcomes of the Urban Partnership was the Regional Competitiveness Act which allocated $3 million in incentive funds to localities that developed regional solutions to problems. Supervisor Lee Eddy is a member of the Governor's Advisory Committee for the Regional Competitiveness Act. The Board has now received a request from the organization to continue membership in the Urban Partnership. Membership dues for the year is $5,000. In their request they describe the goals they plan to focus on as follows: (1) To increase state funding for the Regional Competitiveness Act to $50 million in Fiscal Year 1998 and fully fund the Act in the next biennial budget; (2) Development of Regional Competitiveness Act regulations consistent with the intent of the Act and goals of the Urban Partnership; and (3) Encourage regions to form regional partnerships and apply for the Regional Competitiveness Act incentive funds. Roanoke County was an active participant in the Urban Partnership activities during 1995. On August 13, 1996, the Board also officially supported the establishment of a regional steering ~... committee coordinated by the Fifth Planning District Commission to develop a regional partnership and appointed members to serve on the committee. At the December 3, 1996 Board of Supervisors meeting, Chairman Johnson requested that staff bring to the Board the request from the Urban Partnership to continue our membership in the organization. If the Board of Supervisors decides to continue membership in the Urban Partnership, membership dues of $5,000 will need to be appropriated. The funds could be appropriated from the Board Contingency Fund or the General Fund Unappropriated Balance. STAFF RECOMMENDATION: Staff recommends that the Board of Supervisors continue their membership in the Urban Partnership and appropriate the $5,000 dues from the Board Contingency Fund. Respectfully submitted, Elmer C. Hodge County Administrator Approved (x) Denied ( ) Received ( ) Referred ( ) To ( ) ACTION Motion by: Lee B. Eddy to approve 55,000 funding from Board Contingency Fund VOTE No Yes Abs Eddy Harrison x Johnson x Minnix ~ Nickens ~ cc: File Diane D. Hyatt, Director, Finance Urban Partnership File A-121796-3 ACTION NO. 1 ITEM NO. ~""'~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: December 17, 1996 AGENDA ITEM: Approval of Smith Gap Landfill Host Community Fund Expenditure Plan ~'OUN'1'Y ADMINISTRATOR' S COMMENTS: Recommend approval of the expenditure of funds for community projects as requested This policy was originally approved for projects on RVRA property, but it makes sense to expand this policy for worthwhile projects in the Bradshaw Community such as these. Additionally, we should consider amending the policy to broaden these categories based on an approval process by the Board of Supervisors. In some cases, projects may need to be approved by the Planning Commission as well. If you support the broadening of these categories, we will amend the operating policies and bring them to you at a later date. With the selection and approval of the Smith Gap Landfill in 1989 the Board adopted a comprehensive set of Permit Conditions and Operating Policies that govern the use and operation of this facility. One of the adopted operating policies was the establishment of a Host Community Improvement Fund. This fund would be financed by the Roanoke Valley Resource Authority (RVRA) and could be used for the construction and maintenance of public improvements to the Resource Authority property, if approved by the Planning Commission and the Board of Supervisors. The citizens of the Bradshaw Community have developed an improvement plan for capital needs within the Bradshaw and Mason Cove communities. This plan proposes a maximum $30,000 expenditure from the Host Community Improvement Fund for capital needs for the Masons Cove Fire Department, Masons Cove Rescue Squad and Masons Cove Elementary School. ..~ 2 The plan proposes $4,000 for the purchase of pagers for the Mason's Cove Fire Department and Rescue Squad, and $17,000 for the purchase of classroom computers for the Mason's Cove School. In addition, the plan proposes a $9,000 expenditure for the purchase of playground equipment at the school if the $9,000 is matched by an additional $9,000 of County funding from the Parks and Recreation Department's Capital Improvement Incentive Fund. The RVRA approved this plan on November 28, 1996. The Planning Commission reviewed and unanimously recommended approval of the plan expenditures at their meeting on December 7, 1996. In recommending approval, the Commission commented that they were impressed that the Bradshaw citizens believed that the best expenditure of these funds was for needs at facilities within the Mason's Cove Community. All funding to implement the plan has been previously appropriated as part of the RVRA budget. Matching funds, if available, would be from the Parks and Recreation Department's Capital Improvement and Incentive Fund. Staff recommends as follows: 1. That the Board of Supervisors accept the recommended funding plan as prepared by the citizens of the Bradshaw community and approved by the Roanoke Valley Resource Authority and the Roanoke County Planning Commission. Respectfully Submitted, .. a Terrance Harri ton, AICP Director f Pla ing and Zoning Approved (x) Denied ( ) Received ( ) Referred ( ) To ( ) Approved, Elmer C. Hodge County Administrator ACTION VOTE Motion by: Fenton F. Harrison to apbrove expenditure plan cc: File Terry Diane John Pete Eddy Harrison Johnson Minnix Nickens Harrington, Director, Planning & Zoning D. Hyatt, Director, Finance R. Hubbard, Chief Executive Officer, RVRA Hairslip, Director, Parks & Recreation No Yes Abs x x x x . _~ ~~ ROANOKE VALLEY RESOURCE AUTHORITY November 28, 1996 Mr. Elmer C. Hodge County Administrator P.O. Box 29800 Roanoke, VA 24018 Dear Elmer: RE Smith Gap Landfill• Host Community Improvement Fund As you know, the Landfill Permit Operating Policies adopted by the County Board of Supervisors for the Smith Gap Landfill provide for the establishment of a Host Community Improvement Fund. The policy provides that the fund shall be utilized for the construction and maintenance of public improvements to Landfill Agency property approved by the Board of Supervisors and the Planning Commission. The citizens of the Bradshaw community have developed the attached plan for the use of the Host Community Improvement Fund. As you will note, the proposed plan does not comply with the express requirements of the policy. Specifically, improvements are not being made to Resource Authority property. The Resource Authority believes that the planned use of the fund for public improvements is in the interest of the community and is worthwhile. The Resource Authority has concurred in the proposed plan, subject to the approval and authorization of the proposed improvements under the policy by the County Board of Supervisors and the County Planning Commission. Attached is a copy of the Resource Authority's recent action on this issue. Upon notification that these proposed expenditures are acceptable under the policy and have been approved by the County, the Resource Authority will proceed to implement the proposed plan. If you have any questions, please let me know. Sincer , ~.~~~ ohn R. ubbard, P.E. Chief Executive Officer Attachments (2) 1020 Hollins Road Roanoke, Virginia 24012 (540) 857-5050 Fax (540) 857-5056 .~... ROANOI~E VALLEY REPt?RT PI'Elvf' ''' ILE50JRCE AtITFi~3ILL~Y" II,A MEETING: sUBJECT: ACTION REQUIRED: BACKGROUND: November 27, 1996 Host Community Improvement Fund Approval to Submit Plan to Roanoke County As part of the permit issued for the Smith Gap Landfill by Roanoke County, a Reserve Fund was established for providing money for improvements in the Bradshaw Community. The fund was designated for the construction and maintenance of public improvements to the Roanoke Valley Resource Authority property, approved by the Board of Supervisors and the Roanoke County Planning Commission. The improvements plan for the expenditure of the fund is to be developed with assistance from the residents of the host community. Residents of the host community have recently developed a list of improvements that they feel would be the most beneficial to the entire Bradshaw/Masons's Cove Community. The improvements are as follows: 1. Mason's Cove Fire Department Equipment ..................... $2,000 2. Mason's Cove Rescue Squad Equipment ....................... $2,000 3. Mason's Cove Elementary School Playground Equipment ......................... $9,000 Computers .............................. $17,000 TOTAL ..................................... $30,000 Per the policy, the improvements must be made to Resource Authority property. The Resource Authority has no choice but to operate within this policy, however, Roanoke County may approve the plan and authorize the Authority to make expenditures outside the guidelines. If the Resource Authority concurs with the designated improvements, the plan could be submitted to Roanoke County for their final determination and approval. _~ FUNDING: Funds are available in the Host Community Improvement Fund. RECOMNII;NDATION: The improvements requested will be beneficial to the entire Bradshaw Community and are worthy of special approval. It is therefore recommended that the Resource Authority Board concur in the proposed improvements subject to approval by Roanoke County, and authorize the Chief Executive Officer to submit the noted improvement plan for Roanoke County Planning Commission and Board of Supervisor's approval and authorization of these expenditures by the Resource Authority, and upon approval of Roanoke County, authorize the distribution of funds by the Resource Authority for the specified improvements. Respectfully submitted: ~~ John R. ubbard, .E. Chief Executive Officer • .. L.~-~ RESOLUTION No. $A96-215 A RESOLUTION CONCURRING IN PROPOSED USES OF THE HOST CONIMUNTTY IMPROVEMENT FUND, SUBJECT TO AND UPON CERTAIN TERMS AND CONDITIONS. BE IT RESOLVED by the Roanoke Valley Resource Authority that the Authority hereby concurs in the proposed improvements to be funded from the Host Community Improvement Fund, subject to submission and formal approval of the improvements and expenditure by the Authority of these funds for these specific purposes by the Roanoke County Planning Commission and the Roanoke County Board of Supervisors under the Smith Gap Landfill Operating Permit, all as more particularly set forth in the report to this Board by the Chief Executive Officer, dated November 28, 1996, which report is incorporated by reference herein. ATTEST: Secretary Mr. Kiser made a motion to approve resolution RA96-215, concurring in proposed uses of the Host Community Improvement Fund, subject to and upon certain terms and conditions, seconded by Ms. Hyatt, and carried by the following recorded vote: AYES: Mr. Goodman, Ms. Hyatt, Mr. Kiser, Mr. Porterfield, Mr. Rand, Ms. Schefsky, Mr. Robinson NAYS: None ABSENT: None curs\measures\hostfund.imp A-121796-4 ACTION # ITEM NUMBER AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: December 17, 1996 SUBJECT: Request for Approval of Change to Recycling Program BACKGROUND INFORMATION: In October 1987, Roanoke County began a pilot program to study curbside collection of recyclables. The original program consisted of source separation, with homes in some areas receiving stackable bins for newspaper, aluminum and glass for collection on a biweekly basis. In 1989, this program was expanded into another area of the County. The participation rate for these programs has averaged between 25-35% per biweekly collection. In the early 1990's, the County began automated commingled collection, with selected homes receiving 65 gallon containers in which to commingle mixed paper, aluminum, plastic and cardboard. With a monthly pickup schedule, participation rates have ranged from 70-80%. DATE MAGISTERIAL # OF HOMES TYPE OF RECYCLING DISTRICT 1987 Windsor Hills 1,000 Source Separated 1989 Catawba 900 Source Separated 1990 Catawba 900 Commingled 1990 Vinton 900 Commingled The cost of these programs is listed in Attachment A. The cost in that Attachment does not include the $15 per ton which the County pays to deliver the commingled materials to Cycle Systems, nor does it include the $50 per ton which is saved by not taking source separated and commingled tonnages to the Resource Authority. This is a popular service for citizens living in those areas, a list of which is Attachment B. SUMMARY OF INFORMATION: The Board has asked staff to review these pilot programs along with possibilities for providing this service equitably on a County-wide basis. Expansion of recycling opportunities to all households will require additional equipment and staff. Capital costs are a main component of any expansion of service, although there are a variety of different methods the County could use for this purpose. ~~ Commingled recycling is more cost effective and has a higher percentage of participation. We currently spend 89 cents per household per month for this program, and to expand it County-wide would cost $1.34 million in capital cost and $220,200 in annual operating cost. This program can be undertaken over a period of time. A breakdown of these costs is shown on Attachment C. It can be easily phased in, with first year costs anticipated only for additional carts. Expanding this program will also allow us to terminate the source separation program, which is more expensive per customer. If this program is expanded, it will also become less expensive per household due to economies of scale. Source separated recycling has a lower capital cost of $1 million, but higher annual operating costs of $347,000. Based on limited historical data, however, we do receive revenue from this method of approximately $27 per ton, which would equate to an offset of $59,486. Details of this are provided in Attachment D. This does not have as high a participation rate in the pilot areas, and requires a substantial investment in personnel. Drop-off centers are currently provided in some areas of the County, and preliminary investigation indicates that this program could be expanded to six sites located throughout the County, at existing County facilities. This would allow all County residents to recycle, but would discontinue the current pilot program at 3,700 homes. Funding for this program would require approximately $75,000 in operating cost and $10,000 the first year for public information. This can be privatized and would necessitate an RFP to obtain proposals. While this alternative would also save $85,280 currently being expended on the pilot programs, it would discontinue a very popular program at 3700 households. It will also leave the County with 1800 used cans used in the commingle program which will need to be stored or discarded. An additional alternative would be to explore regional recycling through the Roanoke Valley Resource Authority. The localities could collect commingled recycling and construct a facility for separating the materials and selling them at the appropriate time in the market. While this would require additional capital costs for adding space for this process and additional operating cost for personnel to perform the sorting, it would allow the Authority to pick and choose what to recycle, depending on the marketability of the material. Since the City of Roanoke is currently extending recycling to all homes, and the Town of Vinton already does that, those governments are obviously committed to providing this service to their residents. By doing this regionally, we could realize efficiencies which should save tax dollars in the long run. Virginia Tech may be able to assist us with studying this option and making a recommendation for proceeding. ALTERNATIVES AND IMPACTS 1. Expand commingled recycling to the entire County at a cost of $1.34 million in capital and $220,200 in annual operating costs. This will provide the service equally to all County residents, but at a large capital start up cost. The program can be phased in ~~ however, based on available funding in each budget year. 2. Expand source separated recycling to the entire County at a cost of $1 million in capital and $347,000 in operating cost. While .this would expand the service to the entire County, participation rate is not as high as with the commingled program, and the service has a larger on going cost. 3. Investigate privatization of drop off centers through the RFP process, which will allow all County households an equal opportunity to recycle. The cost of this is expected to be approximately $75,000 annually and $10,000 initially for an information campaign, and has the advantage of working with the local business community to provide a service. 4. Work with Virginia Tech and the Resource Authority to study regional commingled pickup to serve the entire Valley. RECOMMENDATION Staff recommends Alternative 4, working with the other localities, the Resource Authority and Virginia Tech to find a regional solution to the recycling issue. In the interim, staff recommends Alternative 3, which will even out the service for all County residents. If the Board does not wish to pursue those Alternatives at this time, staff recommends Alternative 1, expansion of the commingled recycling program. This can be phased in over several years, as funding permits, and is an efficient method of providing the recycling service. _f~ Elmer C. Hodge County Administrator Approved (x) Denied ( ) Received ( ) Referred ( ) To ( ) ACTION VOTE Motion by: H. Odell Minnix No Yes Abs substitute motion to continue Eddy x the present program and requestHarrison x that RVRA and other governmentsJohnson ~, work towards a regional solu- Minnix x tion with a report to be Nickens x brought back in 90 days (2nd meeting in March cc: File Bill Rand, Director, General Services Diane D. Hyatt, Director, Finance CURRENT RECYCLE COSTS ATTACt-IIv1ENT A • • COMNIINGLED SOURCE TOTAL Category SEPARATED Direct Costs Labor Costs Workers, Drivers and Misc. $ 7,000.00 $ 28,000.00 $ 35,000.00 Overtime $ 3,220.00 $ 2,146.00 $ 5,366.00 Temporary Wages $ - $ Worker Compensation $ 131.00 $ 523.00 $ 654.00 Total Labor Costs $ 10,351.00 $ 30,669.00 $ 41,020.00 Operating Costs Maintenance -Vehicle $ 6,857.00 $ 27,427.00 $ 34,284.00 Motor Fuels and Lubricants $ 881.00 $ 3,522.00 $ 4,403.00 Advertising -Public Information $ 174.00 $ 695.00 $ 869.00 General Operating Expenses $ 779.00 $ 3,115.00 $ 3,894.00 Wearing Apparel $ 162.00 $ 648.00 $ 810.00 Total Operating Costs $ 8,853.00 $ 35,407.00 $ 44,260.00 Total Costs (Direct) $ 19,204.00 $ 66,076.00 $ 85,280.00 Sale Income ~ $ (4,763,00) $ (4,763.00) Net Total Costs $ 19,204.00 $ 61,313.00 $ 80,517.00 Number of Customers 1,800 1,900 3,700 Cost Per Customer Per Year $ 10.67 $ 32,27 $ 21.76 Cost Per Customer Per Month $ 0.89 $ 2.69 $ 1.81 Average Tons 99.42 113,3 212.72 Avera a Cost Per Ton $ 193.16 $ 541,16 $ 378.51 ~~~ ~ECYC$.XLS 11 /22/96 Attachment B RECYCLING HISTORY ~~~ CGIJNTY OF RG~N®I~E The first phase started October 1987 in the Cave Spring Magisterial District. 1000 homes in the Castle Rocl: area were delivered three stackable bins: orange for aluminum, green for glass, and blue for newspaper. The subdivisions included: Woodmont Manor Farmington Nottingham Hill Nottingham Heights Grander Park Sugarloaf Farms Castle Rock Farms Castle Rock Phase two began in August (approx.) of 1989 in the Catawba Magisterial District. 900 homes in the West Salem area were delivered three stackable bins. The subdivisons included: Texas Hollow North Beverly Heights Vermont Heights Quail Crossing • Grandview Gardens Bear Rock V~lestward Lakes Estates Glenvar East Cherokee Hills Phase three began in 1991 (possibly October) with homes in the Catawba Magisterial District and the Vinton Magisterial District. A total of 1900 homes were given a 65 gallon automated container for the cominsling of mixed paper, plastic, and aluminum cans. The subdivisions included: V Catawba Magisterial District: Vinton Magisterial District: Beacon Hill Linderwood North Lakes Crofton Willow Creek Montgomery Village Foxfire • ATTACHMENT C ALTERNATIVE # 1 ~„_, PROJECTED COSTS FOR COUNTYWIDE AUTOMATED CONIlVIINGLED RECYCLING Approximately 23,736 homes are now receiving automated collection of weekly household refuse. It requires 28 routes per week to collect all of these homes. With approximately 22 work days in a month it would require two vehicles to offer these homes commingled recycling collection. The capital investment and start-up costs would be as follows: (2) Automated collection vehicles @ $150,000 per vehicle - $ 300,000 *22,000 - (65) gallon automated containers @ $47 per cart - 1,034,000 Public information/education campaign - 10; 000 TOTAL $1,344,000 The program would require two additional employees. The costs of these employees, vehicle maintenance, fuel, and cart replacement would be included in the operating costs. (2) Vehicles @ $35,000 per vehicle (maintenance and fuel) $ 70,000 (2) Operators @ $31,000 (fully burdened with fringes) 62,000 (600) Replacement carts @ $47.00 per cart 28,200 TOTAL $ 160,200 The remaining 2,064 residents currently receiving manual service would be offered some version of curbside collection, such as a blue-bag system, which can be collected with manual rearloading trucks. The annual operating cost of this service would resemble the cost of collection of manual service which is $60,000. TOTAL ANNUAL OPERATING COST FOR COUNTYWIDE COMMINGLED RECYCLING: $ 220,200 PROS Standardize fleet -compatible with weekly household collection fleet Most efficient/effective method of collection Convenience increases participation (historically averaged 70%-80%) Convenience increases volume which would result in a projected avoidance revenue of $63,802 Avoidance revenue is the difference between $15 sort fee and $50 tipping fee. Historically volume collected has averaged .0064 tons per month per customer. 23,736 x .0064 tons x 12 months x $35 per ton = $63,802 (projected). CONS Large capital investment Contamination of materials -containers harder to monitor No revenue received -sorting fee paid to materials recycling facility ($15 per ton) *1,800 homes already have 65 gallon containers. C~ ATTACHMENT D . ALTERNATIVE #2 PROJECTED COSTS FOR COUNTYWIDE SOURCE SEPARATED RECYCLING To collect weekly household refuse in Roanoke County requires approximately 33 routes (28 automated routes and 5 manual routes). To offer bi-weekly curbside source separated recycling to a1125,800 homes in Roanoke County would require half of those routes being serviced weekly. To collect approximately 17 routes per week would require the following capital costs: (4) Side-loading manual recycling vehicles @ $100,000 each - $ 400,000 23,600 Recycling container sets @ $25 per set - 590 000 Public information/education campaign - 10000 TOTAL $1,000,000 The source separated program would require 8 additional employees. The cost of these employees, vehicle maintenance, fuel and container set replacement would be included in the operating costs. (4) vehicles @ $25,000 per vehicle (maintenance and fuel) - $ 100,000 (4) operators @ $31,000 (fully burdened with fringes) - 124 000 (4) collectors @ $27,000 (fully burdened with fringes) - 108,000 600 recycling container sets @ $25 per set - 15 000 TOTAL ANNUAL OPERATING COST FOR COUNTYWIDE SOURCE SEPARATED RECYCLING: $ 347,000 PROS More convenient than drop-off recycling centers Less capital investment than commingled recycling Receive revenue -approximately $27 per ton based upon limited historical data 25,500 homes x .0072 tons x 12 months x $27 per ton revenue = $59,486 CONS Less convenient than commingled -lower participation rates (25%-35%) Method does not allow much capability to change materials collected as markets change More labor intensive A-121796-5 ACTION NO 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: December 17, 1996 AGENDA ITEM: Request to use Public Private Partnership Funds to complete an application for a 1997 ISTEA Grant for the Hanging Rock Battlefield Trail COUNTY ADMINISTRATOR'S COMMENTS: r~ BACKGROUND• The Hanging Rock Battlefield and Railway Preservation Foundation was awarded $549,300 by the Virginia Department of Transportation (VDOT) to construct the Roanoke Valley's "first" green way between the Hanging Rock area and the City of Salem. Plans are being finalized for construction of the Phase I Trail to begin in the spring of 1997. SUMMARY OF INFORMATION The Foundation has been encouraged by VDOT to complete the plans for the rails to trails project that were prepared for the 1995 Intersurface Transportation Efficiency Act (ISTEA) funding cycle. The 1995 grant award did not provide sufficient funding to implement the entire plan. The Foundation has developed land for the Phase I project and identified a list of items for funding a Phase II application which includes a bridge over Mason's Creek, the acquisition of the Brubaker house, the preservation of the Norfolk-Southern coal pier, and the extension of the Trail north along Dutch Oven Road and south along Route 419 to the Brubaker house. Since all of these project items are located in Roanoke County, the Foundation is requesting funding from Roanoke County to assist them in completing the ISTEA application for 1997. Hill ' St~ldios has advised the Foundation that an application can be prepared at a cost of $3,500. The Foundation is requesting that Roanoke County fund the application costs of $3,500 for preparing the ISTEA Grant. FISCAL IMPACT• Funds are available in the Economic Development Public Private Partnership fund. ALTERNATIVES• 1. Fund the amount of $3,500 requested by the Hanging Rock Battlefield and Railway Preservation Foundation for planning/design of a 1997 ISTEA Phase II application. 2. Do not fund the request. STAFF RECOMMENDATION: Staff recommends that the Board of Supervisors approve Alternative #1 and continue its previous support of the implementation of the "first" Roanoke Valley green way. Respectfully submitted: ~- Timothy W. G ala, Director Department of Economic Development Approved: l~~' Elmer C. Hodge County Administrator ---------------------------------------------------------------- ACTION VOTE Approved (x) Motion by: Fenton F. Harr's~n No Yes Abs Denied ( ) to approve funding of 53, 00 Eddy _y~ Received ( ) for Phase II application and Harrison _~ Referred ( ) that contract with Hill Johnson ~_ To ( ) Associates not to exceed Minnix ~_ $3,500 Nickens x cc: File Timothy W. Gubala, Director, Econ Dev Diane D. Hyatt, Director, Finance Attachment •~ - ~~ZS O'I'an9iz9 cRoc~ 1~a1~E fr.~ c~ cRai~uray Jn~- zESezvafion ~oun~a~.orz .~.. ~s~ ~ZC,,;on ~~aa~n ~/~ to ~ou[~i ~(nc~cn cChcrk ~uitc lgoo ~"`Y~1Onc ~3-9b3'7662 dPoanv,~c. ~ inia 2goi~ ~/~~a~es~uru~Lc7 1o3-9b3-Tln Jn-.~. ~oz lgl2'f a,..... J• l~o~ul[~rnt U ~`c9is~csr~ c~{9fn! v`oana~ic. ~c9inia 2gogb-g12S 620 High Street Salem, VA 24153 December 9, 1996 Mr. Elmer C. Hodge, Jr. Roanoke County Administrator P. O. Box 29800 Roanoke, VA 24018-0798 Dear Mr. Hodge: The Hanging Rock Battlefield and Railway Preserva- tion Foundation, Inc., is in the process of resubmitting a competitive application for Phase II ISTEA grant fund- ing. The deadline for this application is January 31,1997. Phase II shall be comprised of the following components: 1. Mason's Creek pedestrian footbridge ($100,000) 2. Brubaker house orientation center and battle- field restoration ($238,000) 3. Coal pier restoration ($35,000) 4. AEP/ Hanging Rock trail and observation platform ($97,000) Attached is a proposal letter from Hill Studio, P. C., listing fees of $3,500 for preparing the application. Since all Phase II components are located in Roanoke County, the Foundation respectfully requests funding from the County in the amount of $3,500 to pay for Hill Studio's work. Thank you very much for your ongoing support of this worthwhile greenway project. Sincerely yours, J. David Robbins President Enclosures: 3 pages November ?.2, 1996 Hanging Rock Railway and Battlefield Preservation Foundation c% Tim Gubala, Board Member ,~,-~ £' P.o. Box 29800 ~ Roanoke VA 24018-0798 Re: Phase 11 Hanging Rock Trail Application Revision Dear i~l'r:'6t~bata:, ~ ~~-: ~' ~~tv~-~ This letter will serve as the agreement between the Hanging Rock Railway and Battlefield Preservation Foundation (Owner) and Hiil Studio, P.C. (landscape architect) regarding complete services as outlined. The goal of this project is for the revision and resubmitttal of a competitive application for ISTEA grant funding by January 31, 1997. Hill Studio, PC, proposes to produce the application, based on the material that was part of the 1996 Application, as a phase II component of the original grant. The following process is proposed: SCOPE OF WORK: 1. Conduct Initial Public Meeting The Organization will be responsible for inviting Key Board Mambers, Business Leaders, City and County Officials, Professionals, and others to this grant Kick-off Meeting. This is scheduled for December 2, 1996 at Hill Studio. • Identify Deslrable/Desired Program Characteristics from Iasi year's application. • Evaluate and Analyze Existing Site and Situation, and changes that may be appropriate for equltab/e Inclusion In Phase ll resubmittal Phase II shall be comprised of the following components: 1. Mason's Creek Pedestrian Foot Bridge ($100,000) 2. Brubaker House Orientation Center and Battlefield Restoration • Building restrooms, New Restrooms, Security, Parking, HC improvements.($238,000) 3. Coal Pier Restoration ($35,000) • All proposed components 4. AEP /Hanging Rock Trail & Observation Platform ($97,000) 11. Develop Grant Proposal to Draft Stage • Prepare any amendments to existing Design Master Plan, Sections, Illustrations • Prepare Phasing and Budgeting Plans for ISTEA component • Produce Draft Text for Review by Committee III. Provide Materials for Public Hearings • Provision of Illustrative Plans for others to present to Salem. City Council and to Roanoke County Board of Supervisors • Provision of Implementation Strategy IV. Final Draft Documentation • Production of Final Application, including text, cost estimate, phasing V. Submittal to Funding Sources • Final Submittal of Report to Client and applicable Agencies Hanging Rock II November 22, 1996 SCHEDULE and TIMING i. Kick-off Meeting II. Develop Draft Application III. Public Hearings I V. Final Draft V. Final Submittal Dec. 2, 12 p.m. Dec. 2 to Jan 14 Jan. 14, 7 p.m. Roanoke County (?) Jan.13 (?) Salem City Jan. 14 to Jan 25 Jan. 25, 1996 OWNER'S RESPONSIBILITY C_.. "~ ~r It will be the responsibility of the Director of Economic Development for Roanoke County or his delegated appointees to assemble the massive amount of backup letters of support needed for a competitive proposal. The Owner will make presentations to public bodies without the consultant present. Letters need to be received at the County by January 25, 1995 to be published for the submittal. OTHER TERMS OF AGREEMENT The Hanging Rock Railway and Battlefield Preservation Foundation will compensate Hill Studio, P.C. for the above services on a lump-sum basis for fees determined as follows: I. Conduct Kick-off Meeting 200.00 II. Develop Draft Application 2,000.00 III. Public Hearings 000.00 I V. Final Draft 1,100.00 V. Final Submittal 200.00 TOTAL FEES $ 3,500.00 Hill Studio, P.C. will also Invoice for any additional services requested in writing by the Owner. Additional services are any services not specifically included in the aforementioned Scope of Services. For additional services, Hill Studio, P.C. will invoice all consultant costs at 1.10 times the consultants' invoice. All consultants will be approved by the Owner in writing prior to Contract being issued. Hill Studio, P.C. will invoice on a monthly basis. Interest will be charged at the rate of 1 1/2% per month or 18% per annum on invoices not paid within thirty (60) days. METHOD OF EXPENSES In addition to compensation for tiasic services, Hiil Studio, P.C. will invoice at 1.05 times the actual cost to a budget of $1000 for the following expenses incurred in conjunction with the project: Expense of local and out-of-town transportation, long distance telephone communications. 2. Expense of reproduction, blueprinting and photocopying of drawings, specifications, and other documents. 3. Expense of postage and Express shipping. 4. Expense of photography and photographic production techniques when used in conjunction with the project. 9455.02- 2 Hanging Rock II November 22, 1996 9455.02- 3 Cr~~ Hill Studio is authorized to proceed with alt the work in this scope of services upon signature of this document below. The above represents the entire agreement between The Hanging Rock Railway and Battlefield Preservation Foundation and Hill Studio, P.C. This agreement may only be amended by written instrument signed by both parties to this contract. Please indicate your understanding of and agreement with 'the above by signing both copies and returning one to Hill Studio, P.C. for our files. Sincerely, Hill Studlo, P.C. David P. Hill, ASLA President APPROVED: Hanging Rock Railway & Battlefield Preservation Foundation By: Title: Date: ACTION N0. ~~' ITEM NO. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: December 17, 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 January 28, 1997. The titles of these ordinances are as follows: 1) An ordinance authorizing a Special Use Permit to allow a beauty shop in a residence, located at 6187 Bent Mountain Road, Windsor Hills Magisterial District, upon the petition of Jean McDowell. 2) An ordinance to rezone .73 acre from I-1 C to C-2 to allow operation of a retail furniture store, located at 6024 Williamson Road, Hollins Magisterial District, upon the petition of George Jacob. MAPS ARE ATTACHED; MORE DETAILED INFORMATION IS AVAILABLE IN THE CLERK'S OFFICE. ~~-a 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 January 28, 1997. (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 2, 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, gyn. Paul M. Mahoney County Attorney Approved ( ) Denied ( ) Received ( ) Referred to Action Motion by Eddy Harrison Johnson Minnix Nickens No Yes Abs COUNTY OF ROANOKE DEPT. OF PLANNING AND ZONING 5204 Bernard Or.~._ P.O. BOX 29800 Roanoke, VA 24018 l 540' 772-2068 FAX (540) 772-2108 A ~~~ ~~ m~yr ~l(u~Pc i~jz~ R6 For staff use onl~ _~ ~ , date iv - received by: application fee: PC/BZA date: plac ~,S / BOS date: umber: /~~ / Case Check type of application filed (check all that apply): D REZONING SPECIAL USE VARIANCE Applicant's name: ~ Address: P,Q ~ x ~ 093 ~3/~e U/~ o? ~~ ~ ~ (! Phone: ~7p~'y3yj Zip Code: ~ ~~~g Owner's name: "f'Y~ • ~~ C~t~~,Q~ ~ Address: ~ ~jOX ~~ g (y~ Phone: Zip Code: property: tion of Loca Tax Map Number: ~~ _ - L~ ~~~a-~ ,Q / Q r7 (.Q~O / ~~~~ ~' t'`~ Magisterial District: ` ~~`~ ~ I V Q ' °2 ~~ ~~ Community Planning Area: J Size of parcel (s): . ~~'~ acres sq.ft. Existing Zoning: C-O Y~ Existing Land Use: ~~ Proposed Zoning: ~` 1 ~ // y Sa,L4.+~ Proposed Land Use: ~~ ~ ~ t?d ~ For Staff Use Only Use Type: Does the parcel meet the minimum lot area, width, and frontage requirements of the requested district? YES NO IF N0, 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 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 ws v Consultation 8 1 i2" x 1 1 " concept plan Application fee Application ~«f Metes and bounds description '->-; Proffers, if applicable '~ Water and sewer a lication Adjoining property owners Justification ~ PP 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. ~ _ / t ,~_ ` Owner's Signature: ,~~~ ' "~ .-`~ i t _ _.. ` r 4 t ~ ~~ ~ ~a ~~: ~ ~ t ` ~ ~ ~ ~ -~ ~ _ . ~ _~ ' ~ i _____Cl' -1 ~. _ ~ - - ., .- ~ ~`~~-_o__.__~_ - - _ _~c~_ - _--_ - - -- -- - - -. -- -_ ~ ~ ._ _ ____.____ _ ~ ~__ _ __ . _ ___~ .. _ _ _ _ _. a.~=~~~~- - ____ ~~~ ._ __ ~~ ~- `_ ~~ ._ _~T ~~______ _____ _________ _ ._ _ '_ _ ___ _~-~ _~~.~.~.__~_ _ ___ __ _~ _ ~_ ___ _~.~______.___ _ _ _.~ . _ ~d _-- _ i ,~e p n/ ~~~G~, .__ _ ., ~~,, .~, ~. -_ ; :_ ... , ,, ~~ ~-i ~ _. __ _._ ~. ~- ., .. _ -- - - ~ - _tj ~~~~~~ ~ Al ~ ~ s X~U~ ~~ ~ ;. 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T,~~a~,,. +&-~ l~sY Dr: William Ward - ~~~ ~~ ~~" A `~ _ ` _ 3707 Brambleton Avenue SW f ~y ~ ~~~~ Ste 2 Roanoke VA 24018 1 -J '`- ~ ^ ,,,;, - Re: MCDOWELL, JEAN ~; ~~ Duke No: X6 4 978 - - Clinic Visit: 1-2-96 Dear Doctor Ward: Thank you for referring your patient Ms. Jean McDowell. I saw this 41 year old lady to y w~~t~ a friend. I understand that you have referred her for neurologic consultation. Ms. W'~ells me that she was involved in a motor vehicle accident in July of last year when she was hit from the rear.- She was treated by a neurologist Dr. Hormel in Roanoke together with yourself and was found to have a soft tissue injury diagnosed as a cervical strain. She tells me that she was diagnosed as having a cervical strain injury and treated with cervical traction. The traction machine on one occasion however pulled her backward, was malfunctioning and a lot of pressure was applied to her neck. This occurred in August. She says that she was told that the weight went from 8 to 35 lbs and she has suffered some severe neck and head pain since then. Slie has had an MRI scan done on the cervical spine prior to the apparent traction related injury but not since. She tells me that she has had bad recurrent headaches since then that have been diagnosed as migraine. There is no antecedent history of migraine. She has been treated with Esgex and Midrin that has not helped her. She has been going to the ER for analgesic shots and this has knocked her out but has helped her. She has been treated with other medications and currently is taking Stadol Nasal Spray up to 1 bottle per day, Isopten SR 120 mgs daily, Nortriptyline 50 mgs qhs and takes Phenergan Suppositories prn. She is also taking Xanax 1 mg - tid and has had local injections to the left tempooal area for pain but this has not helped her. She has been told that she has had hemorrhage in her temporal lobe in her brain based on the MRI brain scan that has been done. She is concerned about this as well as about her continued ~~~ - ., ,. ~. _ - ~~ - ' .Dr William Ward ~ - ~' ` -.~ 'Page 2 `~ ~ '~ r~ ~~ ,. ~ ...- Y ~ com lamt of headache `She now'says that she ,cannot adquately function because of pain. This ,~begms m the neck, usually on the left side, moves antenorly to the left temporal,:and frontal area, _ -~ becomes ~thr`obbing aiid 'often'generalized. This is associated .with fatigue," tiredness,'dizziness and an ~rnability to function. She frequently has bad pounding headaches such as this. She tells ~_ _: me that she is unable to take care of her 2 and 7 year; old and cannot return to work' as a hair -!dresser Her gentleman fnend who `accompanied her~agreed with flue:- She: says that she cannot _ `bear thepain any longer $he says that she has~not had any answers to her problems. She is ,concerned about this` and -she is concerned that the ti=achon has injured her. ~ - _ ..:, - .. _ _ ., . I have received the records that were kindly sent and have reviewed them but will not recount them here for the sake of brevity. I have reviewed her MRI scans of the cervical spine that appears normal and I have reviewed the brain MRI scan. In my opinion the brain MRI scans are not normal. They show periventricular white matter, punctuate T2 signal abnormalities in the periventricular white matter bilaterally as well as a significant amount of similar change posteriorly around the lateral ventricles bilaterally. In my opinion these changes are not consistent with cerebral hemorrhage but are much more suggestive of multi le scl~ e~ r-o~because of the multiple nature of them and the fact that they are seen only in the white matter and show up only on the T2 weighted images. The examination revealed her to be fully oriented with normal speech and no signs of dementia. The cranial nerves revealed the pupils to be round, equal and reactive to light and accommodation and consensually. The optic nerves had good color and definition. Visual acuity was 20/20 bilaterally. The retinal vessels were normal in appearance and the visual fields were full by confrontation. Ocular movements were all intact and nystagmus was not noted. The corneal reflexes were active and equal. Sensation was normal over the entire face. Facial movements were full in all portions of the face. Hearing appeared normal. The gag reflex was present bilaterally. The tongue protruded well in the midline and was not atrophic. The motor testing revealed good power throughout with normal tone. Finger-nose, heel- knee and heel-toe tests were well done. She was able to balance no either leg alone. There was no Romberg sign. The gait and station were steady, with normal tandem walking. The biceps, brachioradialis, triceps, patellar and achilles reflexes were active and equal. There was no I3avinski sign and no other pathological reflexes were present. The abdominal reflexes were active. ~.., ~U .. _ Dr. William Ward ~ ~ . ~~ Page 3 4 "" '~~~° ~ s -. _ E _ _ ~~. . , Pain, touch, position and vibratory serisahons were normal ; _ - ;The bony contours of the skull and spore were unremarkable There.was neither . `~ tenderness on palpation nor any mechanical signs i:eferable'to'the`neck or back. - ~ ~.- . _. ~. ".The carotid arteries were equal bilaterally and no bruits were audible.: The general medical examination reveals a depressed, fatigued appearing lady who has a ~~ weight of 138 lbs and has significant orthostatic hypotension. Initially the blood pressure was 100/60 sitting dropping to 88/50 when she stood. At the end of my history and examination the repeat blood pressure was 98/60 sitting dropping to 80/50 when she stands. CLINICAL IMPRESSION: This lady appears depressed, fatigued and has recurrent pain in the neck and head. This may represent a cervical strain injury. There is no evidence of any cervical radiculopathy or myelopathy on examination today. The_ MRI scan of the brain i onsi to mu le i . It is not consistent with isolate cerebral hemorrhage. The lady does have significant orthostatic hypotension and is on a multitude of medications that maybe lowering her blood pressure including the Isopten and perhaps to a lesser degree the Nortriptyline and the narcotics. She does appear depressed. I explained the findings to her. I have reassured her. I have recommended discontinuation of the Isopten over 3 days and a reduction of the Notriptyline to 25 mgs qhs. I have asked her to restrict the Stadol Nasal Spray to no more than 1 spray every 6 hours and to use plain Tylenol at the onset of headache. I would like to suggest that you refer her for bio-feed-back to try and -~ ~ help her learn to relax the muscles of the posterior cervical area. I would like to see her back in follow-up in about 3 weeks time to monitor her progress. I wonder if you have any further information regarding any antecedent depression or orthostatic hypotension. I look forward to hearing from you in this matter. Thank you very much for referring her. .,,1 _ _ _ . . i ~ ; ` , , ~ y ~ ' F ~~l + - y ~ a ~t4 T ''s.. .. r~ -.,..L. ~ xr - xr ~i. , w e ,y y `~ `_ ~'°~~, ;D~r William Ward ;~ ~~ ~ ;r ~ - ~ .~ ~ _ ~ . ~~ x ~ ~l >k~ry~ H;r~. y o W ~ gf ~ .~ .___ ._.._ - - ~ N BfZ~< ~ 725 ._._~.~< V N Ft • ~ .'z 92 r 400 ';,gp. A H ESTAT ~ ~ ~ , .NCR 6 x 9a ~ •,. ; ~ '~~y$>A ~~ ~ ~0 N R I A _~ ; .:... - ~r BEN • M U ,,.. •IS[c .....:........ a .•• • ~ ''• see - O Mlll • p ~~. H0~ - y~s4 IN ~~ ~1 n o. o PQ•N ` ~n BL j .P•cQ~ nu / •. ~ KV. ~ c0 9 ~ 6 ~ KwA'~ o /t-1 NORTH E ~ ~ .. ,. .~ ~. - ~ :~ ' ION w. MN "V011 .....R 1 ._ .. % V ° 4 ~ Z'~/IIIO pN wt . 61 / 1 ~ ~ ~ 2T.1 .. 0 ~ IAOAC ~ . ... 67Ae 1 Pppo• I~p 464Ac 2.69Ae 27 ~ ~%7 nfo P ....emu __f .. 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Iles l 13.61 ec 101 ~ ~ ~ - II / •y 11.2a AC lCI - ~ ~ ~ ~ 18.66/4 - 2 ,. . n 10.39 Ac /( ' _. 41 p.Sl Ac (Dl O 14.30 AC fC1 a 19.1 c 20 179Ac ~ 6$2AC 610 26 2S ~', \ ..- 3.60 AC 400Ac ~~ = DEPART~~JT OF PL~NNIi~G JEAN MCDOWELL A.ND 7ANZNG SPECIAL USE PERP1IT 96.01-3-14 ;?•. o/0 96.01-3-36 .I. COUNTY OF ROANOKE DEPT. OF PLANNING AND ZONING 5204 Bernard Dr. P.O. Box 29800 Roanoke, VA 24018 ( 540' 772-2068 FAX 1540) 772=2108 For staff use only date received: received by: application fee: PC/BZA date: 9~7. ~` RN 7 i 9~?9 placar ds issue d: BOS date: / d G Case Number: ~„ / Check type of application filed (check all that apply): ® REZONING ^ SPECIAL USE ^VARIANCE Applicant's name: George Jacob Address: 6024 Williamson Road, Roanoke, VA Phone:540-563-0020 Zip Code: 2401A Owner's name: George Jacob Address: 6024 Williamson Road, Roanoke, VA Phone:540-563-0020 Zip Code: 24019- Location of property: Tax Map Number: 38.06-6-2 6024 Williamson Road Magisterial District: Hollins Community Planning Area: peters Creek Size of parcel (s): .73 acres 6 , 000 sq.ft. Existing Zoning: I-l, C Existing Land Use: light manufacturing Proposed Zoning: C-2, with previous conditions removed Proposed Land Use: retail furniture store For Staff use On/y Use Type: Does the parcel meet the minimum lot area, width, and frontage requirements of the requested district? YES X NO IF N0, 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 X 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. rvs v ws v ws v Consultation ~ 8 1 /2" x 1 1" concept plan Application fee Application v h<>:;. Metes and bounds description ,: Proffers, if applicable Justification Water and sewer application Adjoining property owners l hereby certify that I am either the owner of the property or the owner's agent or contract purchaser and am acting with the knowledge and consent of ~ owner. _ Owner's Signature: '7'~. ~'~~~C,D'!~./J;f • ~a.~-/~-~_~. For Staff Use Only: Case Number Applicant George F. Jacob, Sr. 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 districtclassification in the zoning ordinance. ~ This request for rezoning ;furthers the purposes of the Zoning Ordinance by putting apart of land with an I-1, C zoning into compliance by chaning it to a C-2 zoning without prior conditions. This will make this building/land compatible in zoning and use with .other uses and frontage tracts-along Williamson Road. It will also-fit nicely with the William- son Road master plan. The 1992 Zoning Ordinance was written in such away that the ,industrial rezoning for__this property in 1988 would not be required today, Custom manu- facturing (what American Drum does) is now allowed in C-2 with a Special Use Permit. Please explain how the project conforms to the general guidelines and policies contained in the Roanoke County Comprehensive Plan. The Comprehensive Plan calls for the frontage properties along Williamson Road to be tom-. mercial in use. This rezoning will fit in and conform with the Comprehensive Plan, going from I-1, C to C-2 without conditions. 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. No change in impacts is anticipated. _ ~~. A concept plan of the proposed project must be submitted with the application. The concept plan shall graphically depict the land use change, development, or variance that is to be considered. Further, the plan shall address any potential land use or design issues arising from the request. In such cases involving rezonings, the applicant may proffer conditions to limit the future use and development of the property and by so doing, correct any deficiencies that may not be manageable by County permitting regulations. The concept plan should not be confused with the site plan or plot plan that is required prior to the issuance of a building permit. Site plan and building permit procedures ensure compliance with State and County development regulations and may require changes to the initial concept plan. Unless limiting conditions are proffered and accepted in a rezoning or imposed on a special use permit or variance, the concept plan may by altered to the extent permitted by zoning district and other regulations. A concept plan is required with all rezoning, special use permit, and variance applications. The plan should be prepared by a professional site planner. The level of detail may vary, depending on the nature of the request. The County planning staff may exempt some of the items or suggest the addition of extra items, but in general, the following are considered minimum: ALL APPL/CANTS ^ a. Applicant name and name of development. ^ b. Date, scale, and north point of plan. ^ c. Lot size in acres or square feet and dimensions ^ d. Location, names of owners, and Roanoke Co. tax map numbers of adjoining properties. ^ e. Physical features such as ground cover, natural watercourses, floodplain, etc. ^ f. The zoning and land use of all adjacent properties. ^ g. All property lines and easements. ^ h. All buildings, existing and proposed, and dimensions, floor area and heights. ^ i. Location, widths, and names of all existing or platted streets or other public ways within or adjacent to the development. ^ j. Dimensions and location of all driveways, parking spaces and loading spaces. Additional information requited for REZON/NG AND SPEC/AL USE PERM/T APPL/CANTS ^ k. Show existing utilities (water, sewer, storm drains) and connections at the site. ^ I. Any driveways, entrance/exits, curb openings, and crossovers. ^ m Topography map on a suitable scale and contour intervals. ^ n. Approximate street grades and site distances at all intersections. ^ o. Locations of all adjacent fire hydrants. ^ p. Please submit any proffered conditions at the site and show how they are addressed. ^ q. If project is to be phased, please show phase schedule. I certify that all items required in the checklist above are complete. Signature of applicant robe ti.~ - ~~:~~. ; ~. 1(~ ~ ~ ` ~ ~ / b/ i I ~~ ' ''• ' ~ ~ ~~ Pti ~ ^h ~ T pv ~ ' ~ / i ~ . O ' G h ~~ 6 C , ~ . o f ~ Iwi?.737 . ~' ~° s ' ~\~l ~c i ~ i ~ i -~ '' / ~ f ; ~~ ~~ i - ~ ~J ., ', -. ~ _ ~ _ ~_ A- • W/LL/.4M50N RO /l/5 RT//~ ZZD) o~ /,~\ ~~ nn ~ r~ G .~ h~~~c~ / ~P `~ / ' C z floc Ir. err Wyw. M OC~1'N01R tns 6 `~ C~~ i `C~~E R "2 M C 7.7 P -i<3J~ ~r -z .~ Mailed B K .12 8 0 P 6 Q Q 2 Q 9 GecrBa P. Jacobs. Sr. 8440 Darreas Road. Mi 8oanoke. 0a. 24019 ~~;~~p~ THIS DEED, wade this 23rd day of February 1988, by and between Scott N. w NTSR and Bonny g. MIHTBR, us nd and wife, and Elisabeth Minter COHEH, feae sole, Grantor, and George F. JhCOB sad Catherine B. J]~COH, hnsband and wife, as tenants by Lhe entirety with the right of survivorship, Grantee. 1fITNE38ETH THP-T, IN CONSIDERATION of the sun of T81~ DOLLARS (x10.00) cash in hand paid by Grantee to Grantor, and other valuable consideration, the receipt of which isq~berebp acknowledged, Grantor does hereby grant, with Covenants of General Marranty of Title and Eagl3sh Covenants of Title, unto George F. Jacob and Catherine B. Jacob, hnsband and wife, as tenants by the entirety with the right of survivorship as at cos- son lar and as provided Hader the laws and statutes of Virginia, all of the following lot oz parcel of land lying and being in the County of Roanoke, State of Virginia, and sore particularly described as follows: BEGINNING at a point on the westerly side of 0. 8. Route 110. 11, 100.0 ft. southerly Eros the inter- section of the westerly side of Route 11 and the southerly side of Route 623, both esteadedl thence with a division line between Lots 12-B and 12-C, 8. 78. 1' 30• M. 200.17 ft. to as iron on the line of Lot 111 thence li. 0. 0' 30• N. 222.25 tt. to an old iron oa Routs 6231 thence with the southerly side of Route 623, g. 64• ~0' E. 181.29 tt. to the beginning of a carve= thence with a curve to the right, whose radios is 25 tt., an arc distance of 23.09 ft. to a point oa the westerly side of Route 111 thence with Route 11, 8. 11• S8' 30' E. S7. S6 tt. ro the place of HEGI811IUG, and BEI]IG all of Lot 12-C, according to a survey Bade for Captain's Grove Corporation showing a division of Lot 12, Hlock 1, Gptain's Grove, which survey ws ands T. P. Parf~er, g.C.s., Jul 16, 1962, attachid, and ands a y ~"Y •~ part of the Deed recorded is Deed Soo~~ 695, page 29, at page 31, in the Clerk's Oftioe "oi'; the Circuit Court for the County of looanoR;'~ Virginias sad -:-,~~' .d.~...,v,.. «..~ HEI1G the sane property conveyed to the Grantors herein by Deed frost Elisabeth C. peters, dated October 20, 1987, and recorded in the aforeuid Clerk's Office, in Deed Hook 1274, page 775. ?his conveyance is Bade subject, bowver, to all easesients, restrictions and covenants of record that affect the property jest Mreinabove described. `.y~ +. - 't ~ ,,,~y ~ ~.y. v-~+~... M ` ~i :>71A~ t -' Ji ~~ti3 if.1~. {A .~ ~fi. Y.~ 1 Y ~} y "~ ~ y • - t ~ { `~ ~ ~ ~ ~ t _~~' ~ es. k<< -r _ ~ try, P I 14 220 y 3 p Q . L ~r ~a ~ ~ ~ 623 ~ $ 623 ~~ se a R ~ ~ OAK y~ ~'' M I 117 ItA i ~ ` . . 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W t ~`' ~y„ sf y ~11r B d E ~ S 1 z S~yN fit' qv d ~ Pv f ~, M ~ ~~ ~`~~ ~ ~'g _ _ ~ ~ w, Ne .max ' ~~~f~ ~ y7~wr W L7 ~ na. V ADW <1si y M1:Jq F ~~y, „F 4~R , = 3 W ~ Y ~E R ~ . g _ g ~ u y srr,,,p,, y Y 'p 7 LfFY FOREST ~STA710 C ~ FAIRV _ ~ PARK ©- ~ N ~ O~Nc Rr 4~ OnMUq Yr OC~Tti01R /Q'{ Location' Map ~ ~ U .~ Q O N ~ Q '' O ~ LD ~ Q N r~ O .- -~-. ~ ~ Y ~ V ~~-- ~ ~ Q ~ o ~ ~ o N ~ ~ V `+- O ~- V 'o 'a~ ,~ ~' ZONE X AE i~~ 10 ZON 5ub1e~{ \\ ZONE X ~'~ MAP NUMBER 5116100024 D EFFECTIVE DATE: OCTOBER 15, 1993 '~- ZON ~ X/ ~~ ZONE ~o 9's 1 I ~e~~~~M VWITRQN~Ifl~ Flood Plain Map C ,. /~ ~ • \ 1 ~ ' .)4 ~ d 19 a, ~s ~ ~ 2 ~ ~ x i •• • •• {~ ~ ~ • 1266 I.a ~ IS :, ~ _ / ~ _ ~ may .' x .~: . • ~ / . I9 e u / ~ :. ~ 1 ? .~ 3 3 ~e h ~J/ . 70 •~ ~ ..` a ~~ 4 . 9 , °a. ? • i'4 $ ~~ ~` ~ 8 x•3:1 • m .+ .' ~ . • r Q • a~. \ e _ ~ ~ r o~w. a ocwrsarrt ra~ Location Map ACTION NUMBER ITEM NUMBER ~~' AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: December 17, 1996 AGENDA ITEM: Appointments to Committees, Commissions and Boards COUNTY ADMINISTRATOR'S COMMENTS: ~ BLIIE RIDGE COMMUNITY SERVICES The three year term of Susan J. Cloeter, Roanoke County appointee, will expire 12/31/96. This appointment is made by the Roanoke County Board of Supervisors. The three year term of John M. Hudgins, Jr., Member at Large, will expire 12/31/96. The Member at Large appointment is recommended by the Blue Ridge Community Services Board, and must be confirmed by the County, and Cities of Salem and Roanoke. ~ LIBRARY BOARD The four year term of Carolyn Pence, Vinton District, will expire 12/31/96. Ms. Pence has served three consecutive terms, and according to the bylaws of the Library Board, is not eligible to serve another term. SUBMITTED BY: APPROVED BY: Mary H. Allen, CMC Elmer C. Hodge Clerk to the Board County Administrator Ki-~ Approved ( ) Denied ( ) Received ( ) Referred ( ) To ( ) Motion by: ACTION VOTE No Eddy _ Harrison _ Johnson _ Minnix _ Nickens Yes Abs ~~_S AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANORE COUNTY, VIRGINIA, HELD AT THE ROANORE COUNTY ADMINISTRATION CENTER ON TUESDAY, DECEMBER 17, 1996 RESOLUTION 121796-6 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 December 17, 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 5, inclusive, as follows: 1. Confirmation of Committee Appointment to the Blue Ridge Community Services Board of Directors. 2. Adoption of the Drainage Maintenance Projects for Fiscal Year 1996/97. 3. Donation of right-of-way from Dennis E. Phelps and Sandra Phelps to the Board of Supervisors in connection with the Pinkard Court Rural Addition Road Project. 4. Donation of water line easements to the Board of Supervisors from Fralin and Waldron and Minh and Su Dinh. 5. Confirmation of Committee appointment to the Blue Ridge Community Services Board of Directors. 2. That the Clerk to the Board is hereby authorized and directed where required by law to set forth upon any of said items the separate vote tabulation for any such item pursuant to this resolution. On motion of Supervisor Johnson to adopt the Consent 1 i Resolution with the addition of Item 5, and carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None A COPY TESTE: y v Mary H. Allen, Roanoke County cc: File Arnold Covey, Director, Engineering Gary Robertson, Director, Utility Vickie L. Huffman, Assistant County Clerk Board of Supervisors & Inspections Attorney 2 A-121796-6.a ACTION NO. ITEM NUMBER '"- ~` 1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: December 17, 1996 AGENDA ITEM: Confirmation of Committee Appointment to the Blue Ridge Community Services Board of Directors COUNTY ADMINISTRATOR'S COMMENTS: The following nomination was made at the December 3, 1996 meeting and should now be confirmed. ~ Rlue Ridge Community Services Board of Directors Supervisor Harrison nominated Bonnie Pollack to fill the unexpired term of J. William Pistner. The term will expire on December 31, 1998. It is recommended that the above appointment be confirmed by the Board of Supervisors. Respectfully submitted, 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 ( ) abt~rove Eddy ~ Received ( ) Harrison x Referred ( ) Johnson ~, To ( ) Minnix _~ Nickens x cc: File Blue Ridge Community Services Board of Directors File i ~, ACTION NUMBER A-121796-6. b ITEM NUMBER ~'~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: December 17, 1996 AGENDA ITEM: Request for adoption of Drainage Maintenance Projects for FY96/97. COUNTY ADMINISTRATOR'S COMMENTS: ~z.~,,,...~ .,~ SUMMARY OF INFORMATION During the December 3, 1996 work session, the Board of Supervisors approved the attached drainage projects for inclusion into the Drainage Maintenance Priority List for FY96/97. ALTERNATIVES AND IMPACTS No additional funding is being requested. STAFF RECOMMENDATION Staff recommends approval of these additional drainage projects for inclusion into the Drainage Maintenance Priority List. BY: Arnold Covey, D: of Engineering & 1 APPROVED BY: Elmer C. Hodge County Administrator l 4 ~. ACTION VOTE Approved (x) Motion by: Bob L. Johnson to No Yes Abs Denied ( ) approve Eddy ~ Received ( ) Harrison ~ Referred ( ) Johnson ~_ To ( ) Minnix ~ Nickens _~ cc: File Arnold Covey, Director, Engineering & Inspections 2 L-~ EXHIBIT "A" PREVIOIISLY APPROVED PROJECTS PROJECTS ~ COMPLETED P-87 thru P-208 91~ 4.,`"° P-87. Pinkard Court Complete Cost: $ 5,000 P-88. Arthur Meador Complete 3502 Brandywine Avenue Cost: $ 4,000 Mt. Vernon Heights P-89. Samuel Mazingo Complete 528 Stacie Drive Cost: $ 800 P-90 Ruth Lipnik Complete 3660 Bunker Hill Drive Cost: $ 3,000 Mount Vernon Heights P-91 Maurice Rowe Complete 4404 Cresthill Drive Cost: $ 4,500 Cresthill P-92 Bob Shively Complete 5321 Grandin Road Ext. Cost: $ 5,000 C. J. Carmack Map P-93 Greg Barton Complete 2774 Ivy Lane Cost: $ 500 P-94 Bill Gradwell Complete 3570 Parkwood Drive Cost: $ 2,200 Green Valley P-95 Sandra Murray Complete 6348 Back Creek Road Cost: $ 2,600 P-96 James R. Craig Complete 2808 Ellison Drive Cost: $ 2,000 Robin Hood Park P-97 Ruth Ann Davis Complete 6102 Cove Road Cost: $ 1,200 P-98 Ken Smith Complete 5426 Doe Run Road Cost: $ 3,000 Hunting Hills P-99 Frances S. Tyree Complete 4785 Sunny Side Drive Cost: $ 1,000 Bellemeade P-100 Edward Whisnant Complete 5117 Norseman Drive Cost:. $ 800 Viking Court P-101 Dennis Putnam Complete 8402 Brubaker Drive Cost: $ 5,500 William Creek ,L. -- P-102 Randy Gerber 3038 Pebble Drive Hamden Hills P-103 Betty Overstreet 5315 Cave Spring Lane Nottingham Hills P-104 Alton Prillaman 6139 Darby Road P-105 John Newman 8242 Loman Drive P-106 Summit Ridge Road La Bellevue P-107 Leroy Moran 5000 Carriage Drive P-108 Elbert Lester 2695 Eastland Drive P-109 Jerry Arnold 4233 Arlington Hills Arlington Hills P-110 P. W. Carroll 5529 Merriman Road P-111 Betty Prater Berry 3402 Overhill Trail Penn Forest P-112 Harry Williams 1001 Martin McNeil Rd. P-113 Deborah Lynn Marshall 7192 Bent Mountain Rd. P-114 Robert Tunnell 5522 Galloway Circle .Castle Rock Farms P-115 W. H. Farthing 1848 Dorset Drive, S.W. P-116 VDOT Manassas Avenue Mt. Vernon Heights Complete Cost: $ 1,100 Complete Cost: $25,000 Complete Cost: $ 500 Indefinitely delayed Loman Drive being a private road, property owners not in agreement of project. Cost: $25,000 Complete Cost: $ 2,500 Complete Cost: $ 1,000 Complete Cost: $ 1,500 Complete Cost: $ 2,800 Complete Cost: $ 5,000 Complete Cost: $15,000 Complete Cost: $ 1,500 Complete cost: $ l,ooo Complete Cost: $ 3,300 Complete Cost: $ 1,500 Complete Cost: $15,000 Bond ~. P-117 Willa Sink Complete 6416 Suncrest Drive Developer completed Suncrest Heights Cost: $ - 0 - P-118 John E. Page Complete 3043 Forest Acre Trail Cost: $ 1,500 P-119 Ms. Jean Patterson Complete 147 Missimer Court Cost: $ 1,200 Crofton P-120 Betty Aliff Complete 3606 Colony Lane Cost: $ 2,000 P-121 Dan Gibson Complete 5327 Endicott Street Cost: $ 7,000 P-122 Tim Harris Complete 3424 Ashmeade Drive Cost: $ 1,000 Georgetown Park P-123 Andrew Woodson Indefinitely delayed - 2837 Crown Circle downstream property owners not in agreement of donation of permanent easement. Estimated Cost: $ 1,500 P-124 W. R. Ferguson Complete (Engineering) 2783 Diplomat Drive Cost: $ 1,000 Montclair Estates Complete _ Additional Cost: $30,000 P-125 Donna Hawkins Complete 7456 Bradshaw Road Cost: $ 1,000 P-126 Barry Jamison Indefinitely delayed 2765 Fernlawn Road Cost: $ 3,500 P-127 James McCulloch Complete 5824 Oakland Blvd. Cost: $ 1,200 P-128 Natalie Wheeler Complete 6261 Buckland Mill Rd. Cost: $ 2,500 Buckland Forest P-129 Craig Hoge Complete 5432 Scout Circle Cost: $ 1,500 Cherokee Hills P-130 Jim Vitale Complete 2127 Montgomery Circle Cost: $ 1,600 Montgomery Village ~r P-131 Sylvia Arthur Complete 8109 Hunters Trail Cost: $ 500 Bellview Gardens P-132 Ronnie Wade Complete 3505 Brandywine Avenue Cost: $ 5,000 Mt. Vernon Heights P-133 Gilbert B. Banton Complete 2331 Coachman Drive Cost: $ 800 La Bellevue P-134 George Jacob Complete 6024 Williamson Road Cost: $ 1,400 P-135 Daniel Wray Complete 4426 Keefer Road Cost: $10,000 P-136 Nelson Craighead Complete 4913 Colonial Avenue Cost: $ 5,500 P-137 Judy Shandor Complete 5781 Scenic Hills Drive Cost: $ 1,000 Crystle Creek P-138 Gary Crews Complete 3661 Bunker Hill Drive Cost: $23,000 Mt. Vernon Heights P-139 Gordon Willoughby Complete 3718 Martinell Avenue Cost: $ 3,000 P-140 Charles Callahan Complete 6324 Fairway Forest Drive Cost: $ 1,300 Fairway Forest P-141 Mark DiCarlo Complete 2613 Gaylor Road Cost: $ 3,000 Sugarload Heights P-142 Carroll Smith Complete 3787 Fairburn Drive Cost: $ 800 P-143 Sherry Burton Complete 5406 Apple Blossom Lane Cost: $ 5,000 Hidden Valley Court P-144 Troy Leon Smith Complete 913 Grove Lane Cost: $ 2,000 Captain Grove•Estates P-145 S. Weade Complete 4015 Drake Circle Cost: $ 1,500 Buckland Forest P-146 Charles Droste Complete 3727 Hyde Park Cost: Windsor West P-147 Geoff Straughn Complete 1946 Bridle Lane Cost: Hidden Valley Court P-148 Judy Chapman Complete . 238 Spring Grove Drive Cost: Spring Grove P-149 Ruth Naomi Sheplak Complete 5811 Old Manor Drive Cost: Old Manor P-150 Sandy Hoke Complete 3924 Colony Court Cost: Green Valley P-151 Robert G. Williams Complete 7040 Highfields Farm Drive Cost: Highfields P-152 Danny Thomas Complete 5615 Penguin Drive Cost: Penn Forest P-153 Jim Oyler Complete 7834 Barrens Road Cost: P-154 Les Hagie Complete 5235 Canter Drive Cost: Canterbury Park P-155 Matt Robertson Complete 2788 Ivy Lane Cost: Spring Grove P-156 Scott W. Bauman Complete 5585 South Roselawn Cost: P-157 Betty Sodino Complete 4704 Whipplewood Drive Cost: Branderwood P-158 Jack Waldron Complete 956 Paint Bank Road Cost: P-159 Mary Bland ~ Complete 7920 Cedar Edge Cost: Forest Edge -~" $12,000 $ 900 $ 500 $ 2,000 $ 3,000 $ 400 $15,000 $ 3,000 $ 300 $ 1,000 $ 200 $ 100 $ 500 $ 3,500 ~'" °~ P-160 John Hamilton Complete 4209 Arlington Hill Dr. Cost: $ 6,000 Arlington Hills P-161 Randy Likens Complete 906 Starmount Avenue Cost: $ 3,000 Deer Run Estates, Section #2 P-162 Mrs. Legg Complete 5647 Penguin Drive Cost: $ 4,000 Penn Forest P-163 Nancy Biggs Indefinitely delayed 549 Water Oak Road Estimated Cost: $ 1,000 P-164 Danny Gilbert Complete 1820 Dorset Cost: $20,000 Windsor Hills P-165 Wayne Lineberry Construction is 3730 Ellen Drive expected to begin Catawba next year Estimated Cost: $30,000 P-166 Mr. Taylor Complete 2950 Penn Forest Blvd. Cost: $18,000 Cave Spring P-167 Mr. Peyton Complete 4818 Colonial Avenue Cost: $ 3,000 Cave Spring P-168 Mr. Harry Goin Complete 8167 Hunters Trail Cost: $ 1,000 Hollins P-169 Linda K. Winge Complete 4914 North Spring Dr. Cost: $ 5,000 Catawba P-169A Public Safety BLDG. Complete 3568 Peters Creek Road Cost: $ 8,000 Catawba P-170 Martin Carle Indefinitely delayed .5515 Tanney Drive Complete (Engineering) Catawba Cost: $ 4,000 Construction Additional Cost: $10,000 P-171 Reggie Lemons Complete 7131 Cedar Crest Road Cost: $ 5,000 Hollins ~_ P-172 Phillip Day Indefinitely delayed 7574 Old Mill Road Estimated Cost: $ 3,000 Windsor Hills P-173 Clifford Fountain Complete 7045 Starlight Lane Cost: $ 6,000 Cave Spring P-174 Joseph Stowers Complete 3326 Kenwick Trail Cost: $ 1,000 Cave Spring P-175 Alice Holpp Indefinitely delayed 1309 Ashebrook Drive Estimated Cost: $18,000 Vinton P-176 Robert M. Crigger Temporarily delayed 2933 Beldon Drive Estimated Cost: $10,000 Catawba P-177 Pacetti R. Carlos Complete 5339 Endicott Street Cost: $ 8,000 Hollins P-178 Chris Lawrence Complete 5342 Huntridge Road Cost: $ 5,000 Hollins P-179 Virginia Hodgson Complete 3717 Kentland Drive Cost: $ 2,000 Windsor Hills P-180 Cathy Yotka Complete 3930 Westmoreland Dr. Cost: $ 1,000 Cave Spring P-181 Sam St Clair Temporarily delayed 2850 Silver Leaf Estimated Cost: $10,000 Catawba P-182 Paul Black Engineering & Survey 7549 Williamson Road underway Hollins Estimated Cost: $10,000 P-183 Danny Rivers Complete 2417 Horsepen Mountain Cr. Cost: $ 1,000 Vinton P-184 Lawrence Kelly 3587 Farmington Dr. Estimated Cost: $ 7,000 Windsor Hills P-185 P-186 P-187 P-188 P-189 P-190 P-191 P-192 P-193 P-194 P-195 P-196 P-197 Dorothy Overstreet 2725 Tanglewood Drive Lucille Iartosca 1313 Deer Run Drive Vinton Amber Spikes 4847 Cherokee Hills Drive Betty Saunders 1861 Terry Drive Vinton Mrs. Vickie Stinson 5487 West River Road Catawba David Herrick 2635 Greenridge Circle Catawba Jeff Foutz 5440 Setter Road Hollins Carl Sutter 5007 Labradore Hollins Elizabeth Weaver 4415 Wyndale Avenue Windsors Hills Joe Farmer 4749 Brookwood Drive Windsor Hills Melinda Crosser 6172 Burnham Road Windsor Hills Barbara Doyle 5041 Craun Lane Catawba Lucille Harmon 3630 Brandywine Avenue Windsor Hills Complete Cost: Complete Cost: Complete Cost: Complete Cost: Complete Cost: Complete Cost: Complete Cost: Complete Drive Complete ~_ $ 3,000 $ 1,500 $ 1,000 $10,000 $ 3,000 $ 7,000 $ 5,000 $10,000 Cost: $ 8,000 Additional Cost: $ 6,000 (expand scope of project) Complete Cost: $30,000 Additional Costs: $15,000 (expand scope of project) Complete Cost: $ 1,000 Under Construction Estimated Cost: $20,000 Engineering & Survey underway Estimated Cost: $15,000 P-198 Scott Taylor 1141 Starmount Hollins P-199 J. D. Fralin P-200 Roanoke County Board of Supervisors Hollins P-201 Raymond Nero 1689 Richland Hills Catawba P-202 Henry Trail 3052 Parham Drive Vinton P-203 George Igoe 3041 Embassy Drive Catawba P-204 Joy Kilbane 3867 Vauxhall Road Windsor Hills P-206 Jean & Gail Holbrook 314 Woodmere Drive Vinton P-207 Lisa Aly 5237 Cave Spring Lane Cave Spring P-208 Michael llaley 3055 Bradshaw Road Catawba Estimated Cost: $12,000 Estimated Cost: (Total) $45,000 County 22,500 Private 22,500 Complete Cost: $35,000 Estimated Cost: $10,000 Estimated Cost: $ 8,000 Estimated Cost: $ 5,000 Estimated Cost: $15,000 Estimated Cost: $ 1,000 Estimated Cost: $ 8,000 Estimated Cost: $ 2,000 EXHIBIT "B" PROPOSED PROJECTS P 209-237 ~~ P-209 ~ Anthony Wallace COMPLETE 5621 Legate Drive DESCRIPTION: STABILIZE EXISTING CHANNEL COMPLETED IN CONJUNCTION WITH P-124 COST: $6,500 TAX MAP # 36.19-1-42 MAGISTERIAL DISTRICT: CATAWBA P-210 Bill Francis ~ COMPLETE 3356 Kenwick Trail DESCRIPTION: STABILIZE EXISTING CHANNEL EMERGENCY REPAIRS COST: $7,500 TAX MAP # 87.06-3-41 MAGISTERIAL DISTRICT: CAVE SPRING P-211 Peggy Stack COMPLETE 323 Ingal Blvd. DESCRIPTION: CONSTRUCT STABILE CHANNEL EMERGENCY REPAIRS TO OUTFACE OF PIPE COST: $8,000 TAX MAP # 54.02-2-4 MAGISTERIAL DISTRICT: CATAWBA P-212 Charles Hofer 5932 Sunnycrest Road DESCRIPTION: CONSTRUCT A NEW CHANNEL FROM RIGHT OF WAY TO NATURAL WATERCOURSE ESTIMATED COST: $3,500 TAX ..MAP # 86.03-2-5 MAGISTERIAL DISTRICT: WINDSOR HILLS P-213 ~ Gina Barringer ~ 3422 Lakeland Drive DESCRIPTION: CONSTRUCT STABLE CHANNEL ESTIMATED COST: $5,000 TAX MAP # 76.19-2-58 MAGISTERIAL DISTRICT: WINDSOR HILLS P-214 Robert Furrow 2711 Sunnyvale DESCRIPTION: CONSTRUCT NEW CHANNEL FROM RIGHT OF WAY TO NATURAL WATERCOURSE ESTIMATED COST: $4,000 TAX MAP # 79.01-3-16 MAGISTERIAL DISTRICT: VINTON P-215 Steven T. Doyle 1879 Elbert Drive DESCRIPTION: INSTALL ADEQUATE STORM SEWER SYSTEM ESTIMATED COST: $15,000 TAX MAP # 76.06-3-40 MAGISTERIAL DISTRICT: WINDSOR HILLS P-216 Julie E & J R Bell 2032 Governor Drive DESCRIPTION: INSTALL ADEQUATE STORM SEWER SYSTEM ESTIMATED COST: $18,000 TAX MAP # 36.19-2-32 MAGISTERIAL DISTRICT: CATAWBA .~~ P-217 Roger Jefferson Darrell Brittin 4721 Starkey Road DESCRIPTION: CONSTRUCT STABLE CHANNEL ESTIMATED COST: $16,000 TAX MAP # 87.07-4-10 MAGISTERIAL DISTRICT: CAVE SPRING P-218 Greg Walter 8521 Barrens Road DESCRIPTION: CONSTRUCT ADEQUATE CHANNEL ESTIMATED COST: $ 1,000 TAX MAP # 26.08-5-18 MAGISTERIAL DISTRICT: HOLLINS P-219 Doris E. & Mabel Carlson 4229 Sharolyn Drive DESCRIPTION: REPLACE COLLAPSING CORRUGATED METAL STORM SEWER SYSTEM WITH CONCRETE ESTIMATED COST: $ 25,000 TAX MAP # 86.16-4-3 MAGISTERIAL DISTRICT: CAVE SPRING P-220 Charles R. Simpson 5326 Cave Spring Lane DESCRIPTION: REPAIR AND REPLACE PORTION OF EXISTING STORM SEWER SYSTEM ESTIMATED COST: $10,000 TAX MAP # 76.19-2-6 MAGISTERIAL DISTRICT: WINDSOR HILLS P-221 Craig S . Sellers ,~~~ "~'"' 3616 Manassas Drive DESCRIPTION: CONSTRUCT ADEQUATE CHANNEL ESTIMATED COST: $8,000 TAX MAP # 77.18-4-25 MAGISTERIAL DISTRICT: CAVE SPRING P-222 Terry Edwards 6258 Buckland Mill Road DESCRIPTION: STABILIZE EXISTING CHANNEL ESTIMATED COST: $8,000 TAX MAP # 18.17-4-26 MAGISTERIAL DISTRICT: HOLLINS P-223 Paul T. & Susan Leroy 4037 Crawford Road DESCRIPTION: REPAIR EXISTING CONCRETE CHANNEL ESTIMATED COST: $5,000 TAX MAP # 77.19-2-54 MAGISTERIAL DISTRICT: CAVE SPRING P-224 Jonathan Bingham 2725 White Pelican DESCRIPTION: CONSTRUCT ADEQUATE CHANNEL ESTIMATED COST: $20,000 TAX MAP # 87.13-2-4 MAGISTERIAL DISTRICT: CAVE SPRING P-225 Thomas F. Engl 5227 Rosecliff Road S. W. DESCRIPTION: CONSTRUCT ADEQUATE CHANNEL ESTIMATED COST: $ 3,000 TAX MAP # 86.11-2-4 MAGISTERIAL DISTRICT: CAVE SPRING P-226 William V. & Marian Johnson 2850 Embassy Drive DESCRIPTION: CONSTRUCT ADEQUATE CHANNEL ESTIMATED COST: $1,000 TAX MAP # 36.20-5-21 MAGISTERIAL DISTRICT: CATAWBA P-227 Walt Dixon 2680 Willowlawn . """` DESCRIPTION: REPAIR EXISTING STORM SEWER SYSTEM ESTIMATED COST: $1,000 TAX MAP # 77.05-5-21 MAGISTERIAL DISTRICT: WINDSOR HILLS P-228 Iris Stone 5161 North Lake Drive DESCRIPTION: INSTALL INLETS ALONG EXISTING SYSTEM ESTIMATED COST: $ 5,000 TAX MAP # 37.09-1-33 MAGISTERIAL DISTRICT: CATAWBA ,'~'" P-229 Mr. David Cushman 805 Halifax Circle DESCRIPTION: CONSTRUCT ADEQUATE CHANNEL ESTIMATED COST: $6,000 TAX MAP # 71.10-2-23 MAGISTERIAL DISTRICT: VINTON P-230 John A. & Cynthia L. D. Marco 5069 Williamsburg Court DESCRIPTION: CONSTRUCT ADEQUATE CHANNEL ESTIMATED COST: $ 3,000 TAX MAP # 86.08-5-24 MAGISTERIAL DISTRICT: WINDSOR HILLS P-231 Don Neighbors 2020 Denise Circle DESCRIPTION: CONSTRUCT NEW CHANNEL ESTIMATED COST: $3,500 TAX MAP # 39.04-1-35 MAGISTERIAL DISTRICT: HOLLINS P-232 Jerry Ogden 3446 Poff Lane DESCRIPTION: STABILIZE EXISTING CHANNEL ESTIMATED COST: $12,000 TAX MAP # 87.10-3-11 MAGISTERIAL DISTRICT: CAVE SPRING P-233 Michael & Karen Tripp 5081 Labradore Drive DESCRIPTION: STABILIZE EXISTING CHANNEL ESTIMATED COST: $2,000 TAX MAP # 40.13-3-30 MAGISTERIAL DISTRICT: HOLLINS P-234 Betty Saunders 1861 Terry Drive DESCRIPTION: STABILIZE EXISTING CHANNEL ESTIMATED COST: $18,000 TAX MAP # 50.03-2-15 MAGISTERIAL DISTRICT: VINTON P-235 Charles Noel 5507 Lynn Dell DESCRIPTION: CONSTRUCT ADEQUATE CHANNEL ESTIMATED COST: $15,000 TAX MAP # 86.16-3-13 MAGISTERIAL DISTRICT: CAVE SPRING P-236 Richard Lee Lawrence 5004 Falcon Ridge Road DESCRIPTION: STABILIZE EXISTING CHANNEL ESTIMATED COST: $10,000 TAX MAP # 88.13-3=20 MAGISTERIAL DISTRICT: CAVE SPRING P-237 Patricia Lewis 7192 Bent Mountain Road DESCRIPTION: STABILIZE EXISTING CHANNEL ESTIMATED COST: $5,000 TAX MAP # 95.01-02-40 MAGISTERIAL DISTRICT: WINDSOR HILLS L- ~ EXHIBIT "C" ROUTINE MAINTENANCE OR EMERGENCY REPAIR PROJECTS ,,"" '~ COMPLETION DATE JOB DESCRIPTION 9/12/96 Removed several trees from creek behind 71 Orlando Drive. 9/18/96 Cut up walnut tree, which had fallen behind house at 4803 Topping Hill Drive. 9/18/96 Cut up cherry tree, which had fallen behind 3629 Willetta Drive. 9/19/96 Patched driveway where storm drain was repaired at Brookwood Drive. 9/26/96 Repaired drainage inlet with quickrete and filled sinkholes with dirt at 1719 Kingsmill Road. 9/26/96 Put up 80 ft. of silt fence where ditch is washing out at 3446 Poff Lane. 9/27/96 Filled in sinkholes and patched gap at bottom of pipe in drainage inlet at 3660 Bunker Hill Drive. 10/2/96 Dug up and repaired corrugated metal storm drain at 5133 Canter Drive. 10/4/96 Removed several trees from creek behind 3102 Garst Cabin Drive. 2/13/96 Installed 3 ft. riser on manhole at Sierra and Fenwick Drives. 2/26/96 Rip-rapped small section of ditch behind 3576 Colony Lane. 4/8/96 Installed 4" drain across driveway at 4615 Summerset Drive. 4/9/96 Put rip-rap around storm drain outlet behind 4425 Summerset Drive. 5/9/96 Removed trees from creek at 2826 Embassy Circle and also from under bridge at Poage Valley Road and Rt. 221. 5/14/96 Installed 240 ft. french drain beside Clearbrook School. 5/31/96 Lined ditch with rip-rap between 1223 and 1233 Martha Drive. 2 ~~ 6/7/96 Relocated ditch and lined with rip-rap at Lewis Road 7/2/96 Removed tree from creek behind 83 Orlando Drive. 7/19/96 Dug up and installed concrete wall around sewer line to help prevent water surge behind house at 4616 Summerset Drive. 9/4/96 Filled 400 sandbags and placed 300 of them at different locations. 3 ROANOKE COUNTY ENGINEERING & INSPECTIONS 1993-94 DRAINAGE IMPROVEMENTS y .~ LP9Q ~ ¢o~ R t.1~9 ~`~ ,~~, , ~~i 8 Peso- ~~ .~ °' ~ ~~ ~ ~ ti ~ ~~ ~- Anthony ~Tallace 5621 Legate Drive Montclair Est. 38.19-01-42 ~~ ., L.. - e~"° 1~ `O~ PROPOSED IMPROVEMENTS P-209 ROANOKE COUNTY ENGINEERING & INSPECTIONS L ~. 1993-94 DRAINAGE IMPROVEMENTS B~~ d, Penn Forest Rt 6g7 ~~1 Cr NQr1te ood ~ Rt. 1533 gg~ 1C~ ~~ fix. Beacon Rt, 1540 ~~ ~~ Crapar~ g00 ~ ~~ Bill Francis 3356 Kenwick Trail Penn Forest 87.06- 3- 41 PROPOSED IMPROVEMENTS P-210 1 ROANOKE COUNTY ENGINEERING & INSPECTIONS L-~... 1993-94 DRAINAGE IMPROVEMENTS G'~ ~e~~o- ~1 ~ ~1 ~ G'~ ~~ Q ~~~~ ,~20 1J ~~ 1 ~~ ~2~ 1,~9Q1 fix., ~jL ~~ ~~ ,`O`ff Peggy Stack 323 Ingal Blvd. Glenvar East 54.02-02-4 PROPOSED IMPROVEMENTS P-211 ROANOKE COUNTY ENGINEERING & INSPECTIONS ~i 1993-94 DRAINAGE IMPROVEMENTS ~d~ 5~ s~ v ~ ~ ~ ~2 x~~ ~- .~ ~ ~~ ~ ~~ 22 ,p ~ o ~ ~ ~ ~ '~ ~ ~- ~ ~~ ~,. ~S ~ ~- Charles Ho#er 5932 Sunnycrest Road 86.03-02-5 PROPOSED IMPROVEMENTS P-212 ROANOKE COUNTY ENGINEERING & INSPECTIONS 1993-94 DRAINAGE IMPROVEMENTS Cynth;a Dr Cave. d ~~ Lake~4~ ~ 4' Dr L` I Spr;~9 ~- L n 3 Q~ ~ 1~~ ~~ Gr L R 1.1501 Rt,1573 Luwana ~ Dr ~ a~ <,~~, M v ate ~- G~ Q ~n 'P~ 1~~ Pry ~ 'P~ 150 0 ~o 9 ~o,,o Canter Cr ~ ~ Rt,15O5 ~ ;~ 0 cQ ~~ P a~ ooti ~~ ~ 2 v~ ~ Gina Barringer 3422 Lakeland Drive Nottingham Hills 76.19-02-58 ~ - PROPOSED IMPROVEMENTS P-213 ROANOKE COUNTY ENGINEERING & INSPECTIONS 1993-94 DRAINAGE IMPROVEMENTS . S~~ v ale S~~~y ~~ ,8 09 Robert Furrow 2711 Sunnyvale Street 79.01-03-16 PROPOSED IMPROVEMENTS P-214 ,~~.. ~. ROANOKE COUNTY ENGINEERING & INSPECTIONS 1993-94 DRAINAGE IMPROVEMENTS Br~dte Ln~ Rt~ 1315 Elbert Rt, 1329 Dr, ~~, o. ~O ~ ~ ~ ti x~ ~ ~. Z ~~ 00 •~ . ~~ , 1 ~~~ Steven T. Doyle 2879 Elbert Drive Hidden Valley Homes 78.06- 03- 40 PROPOSED IMPROVEMENTS P-21~ ROANOKE COUNTY ~~, ENGINEERING & INSPECTIONS 1993-94 DRAINAGE IMPROVEMENTS ~~ a5~y ~~~ ~ ~ 0 o ~, ~ o ~~ os -~ Lco ~~ ~---.~ Q . ~o ~ =~ a d ~~ ~~r o-~ ~ ~ ~ ~~ ~'o Julie E. & d. R. Beli 2032 Governor Drive Montclair Forest 36.19-02-32 PROPOSED IMPROVEMENTS P-216 ROANOKE COUNTY ~y ~"~ ENGINEERING & INSPECTIONS 1993-94 DRAINAGE IMPROVEMENTS CS ~ ~ ~ Q1 P ~~vcl, enn Forest 687 Rt. "~ zs o~ ~ o rn ~ d ~~ ~ ~ ~ ti~~ ~ ~;~ a~ ~ ~ ~~ ~' ~s ~ ~ Roger Jefferson Darrel Brittin 4721 Starkey Road 87.07-04-10 .PROPOSED IMPROVEMENTS P-217 ROANOKE COUNTY ENGINEERING & INSPECTIONS 1993-94 DRAINAGE IMPROVEMENTS d~ '~~ ~ -~ ~' ~ ~ ~~~ ~~ ~ ~ ~d ~> ~~o- ~~ ~~ ~~ ~~ ~ ~ ~~ ~ 4 ~-- ~- ~, ~ ~~ ~~ s ~~ .do- J `o ~ ~ Q Greg l~falter 8521 Barrens Road Buckland Forest 28.08-05-18 PROPOSED IMPROVEMENTS P-218 ROANOKE COUNTY ENGINEERING & INSPECTIONS 1993-94 DRAINAGE IMPROVEMENTS L-=}- ~~ . ~~'~~ ~~ ~~Q~ SQL ~~ ~~ ~~'~ ~,~ ~ 1 ~- lj,~ ~x,~~ 9 f-,~~ ~ ~` 1 ~~ ~~ ~~ S ~ S O ~~ y~~ 3 j6' ~i~ d~ Doris E. & Mabel Carlson 4229 Sharolyn Drive Arlington Hills 86.16- 04- 3 PROPOSED IMPROVEMENTS P-219 ~ ROANOKE COUNTY ENGINEERING & INSPECTIONS ,~,~ 1993-94 DRAINAGE IMPROVEMENTS LQke~an~ ~4'~ Dom, 15~~ Cove S ~,, p •n9 L R n, t, 15 ~3 ~p3 ~ti ~ Luw ana ... ~ Dom, ~~ Dr, Charles R. Simpson 5326 Cave Spring Lane 76.19-02-6 PROPOSED IMPROVEMENTS P-220 ROANOKE COUNTY ENGINEERING & INSPECTIONS ~, ` 1993-94 DRAINAGE IMPROVEMENTS q P~ Q e~~ O S ~~~ ~~~ ~ o-~ Q ~ ~~ ~~ ~~ N ~~ P o-~ ~ ~. ~ ~o ~,( ~o ~~ ~`~, . ,~, 'pg, Craig S. Sellers 3616 Manassas Drive Castle Hill D. 77.18-04-25 PROPOSED IMPROVEMENTS P-221 ROANOKE COUNTY ENGINEERING & INSPECTIONS 1993- 94 DRAINAGE IMPROVEMENTS . Ln Angel ~d M~\\ R~,.~85$ Terry Edwards 6258 Buckland Mill Road Buckland Forest 18.17-04-26 ~ - PROPOSED IMPROVEMENTS ~.-,~- P-222 ~a~a ~ ,~~G ~ ~ _o o~ (`_ ROANOKE COUNTY ENGINEERING & INSPECTIONS 1993-94 DRAINAGE IMPROVEMENTS .~.,~.,„, ~~ ~~ ~~ ~~ ~, ~C~ '~ ~- ~~ ~' ~ ~ ~~ ~o ~ ~ ~~ ~~ ~~ ~ ~~ o-~~ ~~ o~ ~ ~ ~ ~~ ~,~a ~~ ~ ~ ~ ~ ~ ~ o _ -r ~ Paul T. & Susan Leroy 4037 Crawford Road Greenvalley 77.19-02-54 PROPOSED IMPROVEMENTS P-223 ~~ ~~`o-~ ROANOKE COUNTY ENGINEERING & INSPECTIONS 1993-94 DRAINAGE IMPROVEMENTS ~..~`~--- ~r ~ '~~` ~a O. 1 apa~~ ~~~ ti s6~ ~~ Gr w.c~c~ 1~~ ,~o -O ~~ ~~ ~ ~ .P~ Q+~y,~ -n IS 9 ~~ 89 ~ ~r ~~ ~p er ~p R~ 1588 ~, , 1~6~ ~ ~ h~ MQ (~Q ~ ti f, ~ ~ ~ ~ a~~\e~ ~ ood ~r 5~ ~~ 1~ a ~' ~°° ~-~' Mor r~r9 .~ ~~Q~~~~ C~, ow ~~ J`S6 9 ~: Q \~ d ~ Hur~c```~% 'S. O ~P ~~ R~ '~ . P~ N~oC IS 66 \'`an Ln, 9~ q ~~ ~~ ~~ ~~e ~ O ~e~ ~o~ Qtti ~~ ~ ~rn 1754 ~ ~ Rt Jonathan Bingham 2725 White Pelican Lane Penn Forest 7 87.13-02-04 ~fE - PROPOSED IMPROVEMENTS S v P-224 I ROANOKE COUNTY ENGINEERING & INSPECTi0N5 1993-94 DRAINAGE IMPROVEMENTS ~-'-~- ~d' Roselawn t. 68g o R n ;~ fi ~ ~ Ras PC~,PS ~, l fig! ~~8 ~~ ~e ~o- ~a ~o Thomas F. Engl 5227 Rosecliff Road Layman Lawn 88.11-02-4 PROPOSED IMPROVEMENTS P-225 ROANOKE COUNTY ENGINEERING & INSPECTIONS 1993- 94 DRAINAGE IMPROVEMENTS E~ ~4E -PROPOSED IMPROVEMENTS P- 226 William V. & Marian Johnson 2850 Embassy Drive Montclair Estates 36.20-05-21 ROANOKE COUNTY ENGINEERING & INSPECTIONS ~ _ ~ 1993-94 DRAINAGE IMPROVEMENTS ~~ O '~~ ~~ ~ ~ ~Q '~ '`' ~ S`~ ~ s~ ~'~ _ ~ ~ ~ ~. 13 5 ~((o ~ ~ ~ Q ~ ~ ~ Rd. Halevan R-t, 1361 welt Dixon 2680 Willorrlawn Sreet Southwoods 77.05-05-21 PROPOSED IMPROVEMENTS P-227 ROANOKE COUNTY ENGINEERING & INSPECTIONS 1993-94 DRAINAGE IMPROVEMENTS ~''0~"° e'~ ~~,~ S ~~ 15~~ ~~ ~,~ . a~~`° ~~ ~p ~ ~ FZ~1~ ~°~, -~~ ~ ~ s~ ~ ~ ~ ~ q ~'~ ~Q~ ~ ~ ~S`j ~j~ ~~, ~ ~ Q~ ti ~~~ ~ q ~'~~ ~o-~ ,~~ ~ s W-nter ~ C ~~ , ~ ~ ~ ~ Park Dr ~ ti ~~ ~ d ~ ~ ~rn Rt,1560 ~ ~ ~ ~ ~ ~~ ~.~ ~ Is~3 ~ ~ N o rah s~ ~' ~~ s CQ~ ~ ,~, ,pal ~ ~ ~~23 ~ SS6 ~ e ASP ~~,. W'P p (e aa~ ~~' -~ ~~ ~ Nor~~~\ ~ 0 c~ ~ y~ 21 ~ Ln ~,~~ ~Q ~~~ ~~ ~~9 ~~ Ms. Iris Stone 5161 North Lake Drive North Lakes 37.09-01-33 ~ -PROPOSED IMPROVEMENTS P-228 ROANOKE COUNTY ENGINEERING & INSPECTIONS 1993-94 DRAINAGE IMPROVEMENTS ~~~P c 0 c ~ c 3 ~ o o ~' ~ owr node Roa David Cushman 805 Halifax Circle Montgomery Village 71.10-02-23 ~iE -PROPOSED IMPROVEMENTS Horn Cr, Rt,1071 P-229 f~ t-~ rn L..,. _ T, . _ ROANOKE COUNTY ENGINEERING & INSPECTIONS ,~, 1993-94 DRAINAGE IMPROVEMENTS v ~` a ~o° ~ °' ,v ~ ~Z s. ~ ~ +> n, S ~ Y ~ ~ Q~ 0 w• q=. ~h~' ~h ~ ~~~Q~ ~~ ~4n e ~~ ~ ~ ~~ ~n v -lssl ~` G~~~ ~ ~~ ~~ l J a /' ~f, l ~ SgG~hPS ~ ,~ ~~ ~ ~ ~ 2 R~ 17 'p~ Cod N c9 ~ ~ 97 1) "'antler ~'~ 8 ~d,~ Q` ~d, Roselaw o John A & Cynthia L. DiMarco ~ 5069 Williamsburg Court ~ Williamsburg Court ~ 86.08-05-24 ~ i~ PROPOSED IMPROVEMENTS P-230 ROANOKE COUNTY ENGINEERING & INSPECTIONS 1993-94 DRAINAGE IMPROVEMENTS Don Neighbors 2020 Denise Circle SUBDIVISION NAME 39.04-1-35 ~~.. ~~ ~~e ~ ~~ S~ PROPOSED IMPROVEMENTS P-231 ^ ROANOKE COUNTY ENGINEERING & INSPECTIONS 1993-94 DRAINAGE IMPROVEMENTS ~~, ~, 0 R~1~ ~7~ 5 ~~' ~r ~~ c~aPa mare v ~e~~ ~~ ~' ~~ 9 ~ ~~ ~^~ r 5'c' ~ lrPP F ~ 2 d e Rd, B~~P ~ ~ 5~ a. 'IS 0~ `Y ~ ~~ Jerry Ogden 3446 Poff Lane 87.10-03-11 ~ - PROPOSED IMPROVEMENTS K P-232 1 ROANOKE COUNTY _ _ - - _ .ENGINEERING & INSPECTIONS _ ~,~„ _ 1995-96 DRAINAGE IMPROVEMENTS g:-\cad\draina~e\d5003215 11~V1 VVJJL 11~111~V ~Ll~i LJL~a/ µ-. ~ __ ROANOKE COUNTY ENGINEERING & INSPECTIONS 1993-94 DRAINAGE IMPROVEMENTS s,~Q~ \o~ \~~ 9 ~o ~~ -p~ -S'~i s ~6, ~~ ~~ ~~, r~~\e 5 r '~' ~ ~~ 1~ ~~ ~~ ~, Charles M. Noel 5507 Lynn Dell Road Lynn Dell Est. 86.16-03-13 PROPOSED IMPROVEMENTS ~~~ ~ l -Q P-235 1 ^ ROANOKE COUNTY ENGINEERING & INSPECTIONS 1993-94 DRAINAGE IMPROVEMENTS ~-O , ,,~ tea,. ~~ G~ o- ~a~r Moir ~~ ~e i L- Tir, P(~ P ~c~ ~~c~o ~~ 6 ck ~ 9~ X0,6 ~d, Patricia Lewis 7192 Bent Mountain Road 95.01-02-40 PROPOSED IMPROVEMENTS P- 237 I 21 Fz'~I A-121796-6.c ACTION NO. ITEM NO. L -' ~" AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: December 17, 1996 AGENDA ITEM: Donation of right-of--way from Dennis E. Phelps and Sandra Phelps to the Board of Supervisors of Roanoke County in connection with the Pinkard Court Rural Addition Road Project COUNTY ADMINISTRATOR'S COMMENTS: ~,~~ ~,~.~ . SU ARY OF INFORMATION: (/u..~ O ~~y G ~1 This consent agenda item involves the donation of the following parcel of land which is required for aturn-around at the proposed end of state maintenance for Pinkard Street in connection with the Pinkard Court Rural Addition Road Project in the Cave Spring Magisterial District of the County of Roanoke. a) Donation from Dennis E. Phelps and Sandra Phelps of the fee simple interest in a parcel of land containing 0.037 acres designated as "PROPOSED RIGHT- OF-WAY" on a plat prepared by the Roanoke County Engineering Department, dated October 7, 1992, revised October 12, 1995, a copy of which is attached hereto. County staff has inspected the location and dimensions of the property and has approved the same. FISCAL IMPACT: No County funding is required. ~~ STAFF RECOMMENDATION: The Department of Engineering and Inspections was represented by outside counsel in the preparation, acquisition, and approval of this right-of-way donation. The engineering staff recommends acceptance of the donation. Respectfully submitted, Vickie L. Hu a Assistant County Attorney Approved (x) Denied ( ) Received ( ) Referred ( ) To ( ) ACTION Motion by: Bob L. Johnson to ~nprove VOTE No Yes Abs Eddy ~_ Harrison ~_ Johnson ~ Minnix ~ Nickens ~ cc: File Vickie L. Huffman, Assistant County Attorney Arnold Covey, Director, Engineering & Inspections " METES AND BOUNDS DESCRIPTIONS SHOWN ON THIS PLAT REPRESENT A COMPOSITE OF DEEDS, PLATS, AND CALCULATED INFORMATION AND DO NOT REFLECT AN ACCURATE BOUNDARY SURVEY. ~ ~-° ~' ~`~PFZ ~~ ~~. P~ ~~ TAX MAP No. 87.08-1-61 PERPETUAL RIGHT-OF-WAY & EASEMENT -~ (0.037 Ac.) ~~ ~i9. a PINKARD CT. LOT 5 & 4 REMAINING PROPERTY OF DENNIS E. & SANDRA P. PHELPS Z P.6.1 PG.363 PROPERTY OF > `~, DONALD ROOSEVELT MUSE ~~ G TAX MAP No. 87.08-1-64 ~O. "~ 60"5~ ~~~ 0o s ~ ~o ~ P~~ TAX MAP N0. s7.os-1-s2 SCALE: _? =?o' PLAT SHOWING PERPETUAL RIGHT & EASEMENT BEING CONVEYED TO ROANOKE COUNTY BY DENNIS E. & SANDRA P. PHELPS REVISED 10-12-95 PREPARED BY.• ROANOKE COUNTY ENGINEERING DEPARTMENT DATE:? o-off-s2 _ ACTION # A-121796-6.d ITEM NUMBER ~'~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: December 17, 1996 AGENDA ITEM: Request to Accept Donation of Water Line Easements from Fralin and Waldron and Minh and Su Dinh COUNTY ADMINISTRATOR'S OMMENTS• ~ /~~B BACKGROUND: The Sherry Road water project was approved in the Utility Department's 1995/1996 Capital Improvement Program. The project is located in the Hollins Magisterial District and involves replacing the water line in Sherry Road and connecting to the water line in Past Times Lane. During the design of this project, it was determined that the most economical route for interconnecting the water line in Past Times Lane was across the corner of the property owned by Minh and Su Dinh. The owners have agreed to donate the easement to Roanoke County. The Carriage Hills subdivision was constructed with a private water system that was later acquired by Roanoke County. This water system was designed and constructed with no fire protection. The residents are greatly concerned about this. Staffdetermined that a single fire hydrant could be installed in the lower section of Carriage Hills as part of our maintenance budget. This project requires an easement across a lot owned by Fralin and Waldron Development Corporation. Fralin and Waldron Development Corporation has agreed to donate the easement to Roanoke County. The residents have been informed that fire protection cannot be fully provided until a new water source (Spring Hollow) is available and storage is increased. 1 FISCAL IMPACT: These easements are being donated by the property owners and will have no fiscal impact. STAFF RECOMMENDATION: Staff recommends that the Board of Supervisor accept the donation of these two easements. SUBMITTED BY: ~~-~ Gary Robe on, P.E. Utility Director Approved (x) Denied ( ) Received ( ) Referred ( ) To ( ) APPROVED: B'~ Elmer C. Hodge County Administrator ACTION Motion by: Bob L. Johnson to approve -y VOTE No Yes Abs Eddy ~ Harrison _.~ Johnson } Minnix ~ Nickens ~ ccs File Gary Robertson, Director, Utility Arnold Covey, Director, Engineering & Inspections A-121796-6.e ACTION NO. ITEM NUMBER L-5 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: December 17, 1996 AGENDA ITEM: Confirmation of Committee Appointment to the Blue Ridge Community Services Board of Directors COUNTY ADMINISTRATOR'S COMMENTS: The following nomination was made at the December 17, 1996 meeting and added to the Consent Agenda for confirmation. ~.,. Blue Ridge Community Services Board of Directors Supervisor Eddy nominated Susan Cloeter to serve another three year term. Her term will expire on December 31, 1999. It is recommended that the above appointment be confirmed by the Board of Supervisors. Respectfully submitted, ~• 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 ~_ To ( ) Minnix _~ Nickens ,~ cc: File Blue Ridge Community Services Board of Directors GENERAL FUND UNAPPROPRIATED BALANCE COUNTY OF ROANOKE, VIRGINIA Amount Beginning Balance at July 1, 1996 (unaudited) $7,176,332 Add to Fund Balance from 1995-96 operations 1,440,559 Revised beginning balance at July 1, 1996 (audited) 8,616,891 Oct 8,1996 Public -Private Partnership Nov 19,1996 Valley Gateway Project (250,000) (599,250) 7.92% Balance at December 17, 1996 $7,767,641 8.58% Changes below this line are for information and planning purposes only. Balance from above $7,767,641 Recommended increase in 1996-97 budgeted revenues based upon 3 month review 2,050,943 Reserve for R.R. Donnelly - Phase II (570,000) Reserve for Valley Gateway sewer extension (150,000) Potential Liability _(400,000) $8,698,584 9.60% 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 of General Fund Revenues M:\Finance\Common\Board\Gen96.WK4 CAPITAL FUND UNAPPROPRIATED BALANCE ~ r~ • COUNTY OF ROANOKE, VIRGINIA Beginning Balance at July 1, 1996 (unaudited) (Includes final payment from City of Salem which was received in June 1996) • Sale of surplus equipment during 1995-96 Amount added from 1995-96 operations per rollover policy Revised beginning balance at July 1, 1996 (audited) Balance at December 17, 1996 Respectfully Submitted, Amount $648,413.00 46,093.00 368,480.00 1,062,986.00 X1.062.986.00 I Diane D. Hyatt Director of Finance C M:\Finance\Common\Board\Cap96. WK4 RESERVE FOR BOARD CONTINGENCY COUNTY OF ROANOKE, VIRGINIA • From 1996-97 Original Budget August 27, 1996 Public-Private Partnership October 22, 1996 County share of Sheriff positions October 22, 1996 Outside legal counsel for Sheriff Nov 19, 1996 Environmental testing at Courthouse Balance at December 17, 1996 Respectfully Submitted, Amount $305,313.00 (105,220.00 (11,842.00 (20,000.00 (14,015.45 $154,235.55_) Diane D. Hyatt Director of Finance • M:\Finance\Common\Board\Board96.WK4 ACTION #. 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: December 17, 1996 AGENDA ITEM: Accounts Paid -November 1996 COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Payments to Vendors: Payroll: Manual Check $3,117,762.57 11/1/96 $708,766.44 11/15/96 652,335.04 11/27/96 655,349.13 2,016,450.61 $5,134,213.18 A detailed listing of the payments is on file with the Clerk to the Board of Supervisors. SUBMITTED BY: Diane D. Hyatt Director of Finance APPROVED: Elmer C . Hodge County Administrator ACTION NO. ,,,,,,rr~~ ~ 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: December 17, 1996 AGENDA ITEMS: Statement of the Treasurer's Accountability per Investments and Portfolio Policy, as of November 30, 1996. COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: BANKERS ACCEPTANCE: CENTRAL FIDELITY CRAIGIE SIGNET WHEAT 1ST CERTIFICATE OF DEPOSITS: SOUTHWEST VIRGINIA SAVINGS & LOAN COMMERICAL PAPER: CENTRAL FIDELITY CRESTAR PAINE-WEBBER WHEAT 1ST FEDERAL CREDIT: PAINE-WEBBER LOCAL GOVT INVESTMENT POOL: GENERAL FUND RESOURCE AUTHORITY REPURCHASE AGREEMENT: CENTRAL FIDELITY FIRST VIRGINIA INVESTMENT: COMMONWEALTH COMMONWEALTH (RES. AUTH.) TOTAL STAFF RECOMMENDATION: Respectf ly Submitte y ~~' ~ ~- Alf C. Anderso ounty Treasurer ACTION Approved ()Motion by: Denied ( ) Received ( ) Referred ( ) To () 1,989,611.94 995,851.39 6, 810, 824.96 2, 482, 462.07 12, 278, 750.36 100, 000.00 100, 000.00 3,005,229.60 2,974,821.67 3,976,400.56 1,987,961.11 11,944,412.94 995,691.67 995,691.67 10, 362, 295.67 1,573,363.62 11,935,659.29 1,000,000.00 3,359,000.00 4,359,000.00 1,019, 730.23 5,035,490.16 6,055,220.39 47, 668, 734.65 Approved y: Elmer C. Hodge County Administrator Eddy Johnson Kohni ke Minnix Nickens VOTE No Yes Abs ti. „ yh~ Irr~`~^ q ~' I p f_+ ni '~4` ...~ . ~ry-:~ j i s ~ ' ~/ ~ "~ -ERR =""~~ 4 . -?S~ ®~~®~~~f~~~~ O~ ~~~~~~~f~ DAVID R. GEHR COMMISSIONER DEPARTMENT OF TRANSPORTATION 1401 EAST BROAD STREET RICHMOND, 23219-1939 JAMES S. GIVENS STATE SECONDARY ROADS ENGINEER December 5, 1996 Mr. Elmer C. Hodge Roanoke County P. O. Box 29800 Roanoke, VA 24018-0798 Dear Mr. Hodge: The enclosed report contains a list of all changes to the Secondary System of State Highways in your county approved by the State Secondary Roads Engineer in November 1996. All additions to and abandonments from the Secondary System are effective the day they are approved by the State Secondary Roads Engineer. This date appears in the far right column of the monthly report. These changes will be presented to the Commonwealth Transportation Board at its monthly meeting on December 19, 1996. If you have any questions or comments about this report, please call Martin Law at 786-7399. James S. Givens State Secondary ads Engineer JSG/MII TRANSPORTATION FOR THE 21ST CENTURY - ~ w ~ ~ N ~ w W r, .-. .~ ~ ~ o ~ ::+ ~o rn ~o rn ~ rn ~o rn O O\ N N ~ ~ ~ ~ N N N ~ ~ O O 00 Aa ~~ C O O O O c .D d ~ L ~ d N ~ N d ~ ~O O ~ LY. ~ i N ~ Q ~ ~ V Y O ° ~ v ~ ~n ~ W ~ ~. y ~ O N p p l~ z H O R: P: O O 00 O ~ N N ~ ~ N Chi C~. ~ ~ ~ ~ ~ ~ O ~ ~ w _N ~ _N N L O o O O ~ G~ O Chi O O +~' ~ O O ~ ~ O r O O ~ a w w ~ ; ~ ~ ~ > a U > ~ ~ z `~ '~ _~ ~' ~ Q ?' L . ~"' ~ ~ _ c~ ~ v~ U (~ a GG '~ C ~ o o ~ • ~ ~ ~, ~ > .~ ~ N ~ :O Y w w o ~ w w o~ 3 3 ~ v :~ o o ~ o a~ o ~ + • ~ ~ ~ 3 a ~ ~ H ~ ~ V ° d ,~ Y E o 0 0 0 p a+ '^ '~' :~ :~ b b b ~ ~ v~ d Q d Q .. 1 ACTION NO. ITEM NO. ~"~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: December 17, 1996 AGENDA ITEM: Work Session on the Comprehensive Plan COUNTY ADMINISTRATOR'S COMMENTS: The purpose of this work session is to keep the Board apprised and involved in the Comprehensive Plan update process. The main topic for discussion will be the citizen participation process developed by the Citizen Advisory Committee (CAC). The CAC has begun the process of creating twelve 12 "neighborhood councils" who will be responsible for flushing out the key issues and concerns citizens have for their community and neighborhoods. These councils would consist of 12 to 15 key community leaders and communicators from each of the 12 planning areas. The "councils" would undergo a very brief and concentrated scoping process in the period from January to March of next year to identify the concerns, issues, and opportunities in their communities. They would then report to the CAC at a public county-wide community forum to be held later in the spring. While this organizational structure is being developed for the comprehensive plan, the CAC, Commission and staff envision a broader role for this level of communication between the "councils" and the County organization as a whole. At the beginning of the work session, staff will also update the Board on work being conducted by the National Park Service and Blue Ridge Parkway to identify and map viewsheds along the Parkway using digital technology. ~l 2 Respectfully Submitted, ~., ~ ~- ``~ _~/~~ Terry Har ngto AICP Directo of P1 nning and Zoning Approved, Elmer C. 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'° ~ " ' t,, a ~~ ~~ '` ~'C ,~ ~ ;~` ~;~~ ~ ~ ~ r / c. ~ -h ~,. , r The Roanoke Times 12/4/96 Mapping out the best of the Blue Ridge Parkway's views srAFF waiTeR ~ ~ CCI11C OVCr~ OO • federal government owns a corridor of land - _ 1 1S : along the road, the view in some places on ;' 'National Park Service officials art ma I1eeC1' r t t ~ a clear day reaches 60 miles or more Since . y driving up~and down the Blue Ridge Park- _ ~ ' p O eC 1O11 . an estimated 400,000 'acres can. be seen , w>aytn Roanoke County this week chec~C _~. : ~ ~ from the parkway to some degree, park' ::ing out the.yiews:. working on about 70 miles, including the .service officials want to startseiting prior- ~ But tinlike-the tourists~~they shaze the "Portion running through Roanoke County ities on what are the most important scenic .road with, the federal officials are taking and the area around Asheville, N.C, - ' ' overlooks. . notes. = -~ ; . Gary Johnson, chief of the division of ' ~ The park service hired a design It s all part of a mapping and inven, resource planning and professional se research group from -North Carolina State r- •tory project the park service plans to do for vices for the park service, said land along University to create maps show•ins what the full 470 miles of the parkway over the the parkway is steadily making the transi- areas are visible along the parkway. The next couple of years. Right now, they're lion from agrarian to urban. Although the ~ maps are color-coded, with red indi- • ~ ~ catin~ areas that are most visible to parkway travelers. As the visibility .decreases; the colors "cool" to yel- -]ow, sreeti and. finally blue. . = With those maps in hand, `Johnson 'and researchers from N.C. ~ ~: State aze traveling along the park- w•ay documenting what types of land -use -from houses fo farmland - eXist in the "red zones." The process was expected to take most of Tues- day and today. What to do with the'information once it's collected could be contro- versial, Johnson said, because some of the highly visible vistas include privately owned property. Jay Tomlinson, director of the N.C. State research group, said the maps can be used to encourage developers to plan projects so they blend in with the landscape. much as vas done with the ~irilshire and Wolf Creek developments in recent years. . "We admit that chance is ~oin~ to happen," Tomlinson said. This isn't an attempt to stop development in Roanoke County." In other cases, Tomlinson said, a piece of properly might be identi- fied through the mapping project as so important that it should be pur- chased or protected through a land trust. The information also will be liven tb every county that touches the parkway, Johnson said. "It's not our intent to force every county to have zoning." he said. . Johnson met with Roanoke County planning officials ;Monday P~apping (cont.) and gave a presentation to the Plan- nine. Commission Tuesday afternoon. Terry, Harrington, Roanoke County's director of planning and zoning, said the maps could be a useful tool as the county develops its comprehensive plan, due to be com- pleted at the end of 1997. He said the maps could be manipulated to help county officials study the impact of any proposed cellular =towers on The Roanoke Times 12/4/96 ridge lines near the parkway. The park service also is working on an economic development; $tpd~~: to show how much ~ money' tgiu7sts from the•parkway pour into individ- ual counties. i Bent Mountain Quadrangle E (center) i ~I / < i r~ )' i i` i v ( ~ ~ ' ii ~. ~~i •'r1 _, ~ nir i ~ ., ~ ' l i, n~ aic a L t s ~ ,~ 3t llu~ ( t~ • ~ I I . 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The Roanoke Times 12/4/96 Mapping out the best of the Blue Ridge Parkway's views . By CHRISTINA NUCKOLS ~ r~ . ~ STAFF WRfrER S CC I - .-~ i a t o _ I11C .OVCr OOkS _ National Pazk Service officials ~ar~ ma need ' dor of land iew ; a corr alOng lhe rroad~the v n some places on a clear~day reaches 60 mil , .. y p~ O~eCtlOn driving up-and down the Blue Ridge Pazk- . - ~ . es or more. Since an estimated 400,000 'acres can be seen _ way m Roarioke County this week chec~C ~ ~ . ~ . ~ in . from the parkway to some degree, park g out the.:views. ~ . -.' working on about 70 miles,. including the ~ ,service officials want to start setting prior- _- But unlike the tourists -they shaze the -portion running through Roanoke County- hies on what are the most important scenic :.road with, the federal officials are taking and the area around Asheville, N.C, - overlooks. . ' notes. ' `~° ; :~ = ~ ~ Gary Johnson, chief of the division of 'It's all part of a mapping and invent resource planning and professional - The park service hired a design research group from-North Cazolina State ser- ,tory project the park service plans to do for vices for the park service, said land along the full 470 miles of the parkway over the :the parkway is steadily making the tra i University to create maps showing what areas are visible along the parkway. The ns - next couple of years. Right now, they're lion from agrarian to urban. Although the ~ ~ maps are color-coded, «ith red indi- ' . - catins areas that are most visible to parkway travelers.' As the risibility .decreases; the colors "coo]" to yel- -low, green and finally blue. . = With -those maps in hand, `.Johnson 'and researchers from N.C. ',State are traveling along the park- way documenting what types of land =use -from houses fo farmland - exist in the "red zones." The process was expected to take most of Tues- day and today. - - What to do with the'information once it's collected could be contro- versial, Johnson- said, because some of the highly visible vistas include privately owned property. Jay Tomlinson, director of the N.C. State research group, said the maps can be used to encourage developers to plan projects so they blend in with the landscape. much as was done with the Wilshire and Wolf Creek developments in recent years. . "We admit that chance is going to happen," Tomlinson said. "This isn't an attempt to stop development in Roanoke County." . In other cases, Tomlinson said, apiece of property might be identi- fied through the mapping project as so important that it should be pur- chased or protected through a land trust. The information also will be given tb every county that touches the parkway, Johnson said. "It's not our intent to force every county to have zoning," he said. . Johnson met with Roanoke County planning officials tilonday ~ v P~apping (cont.) and gave a presentation to the Plan- nin~. Commission Tuesday afternoon. Terry. Harrington, Roanoke County's director of planning and zonins, said the maps could be a useful tool as the county develops its comprehensive plan, due to be com- pleted at the end of 1997. He said the maps could be manipulated to help county officials study the impact of any proposed cellular =towers on The Roanoke Times 12/4/96 ridse lines near the parkway. The park service also is working. on an economic development;~tud~: to show how much money tptu7sts from the•parkway pour into iridivid- ual counties. t~ AT A REGIILAR MEETING OF THE BOARD OF SUPERVISORS OF ROANORE COUNTY, VIRGINIA, HELD AT THE ROANORE COIINTY ADMINISTRATION CENTER ON TUESDAY, DECEMBER 17, 1996 RESOLUTION 121796-7 CERTIFYING E%ECUTIVE 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 cc: File Executive Session A COPY TESTE: ~-~~L.~ Mary H. Allen, Clerk Roanoke County Board of Supervisors r' _S - 1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANORE COUNTY, VIRGINIA, HELD AT THE ROANORE COUNTY ADMINISTRATION CENTER ON TUESDAY, DECEMBER 17, 1996 RESOLIITION 121796-8 OF CONGRATULATIONS TO CHIP SULLIVAN FOR BEING THE FIRST PERSON FROM THE ROANORE VALLEY TO QUALIFY FOR THE PGA TOUR WHEREAS, Chip Sullivan has been the golf pro at Hanging Rock Golf Course in Roanoke County since April, 1993, and before that, served as Assistant Pro at the Maple Bluff Country Club course in Madison, Wisconsin; and WHEREAS, Mr. Sullivan has participated in a variety of PGA events, such as the PGA African Tour and the PGA Winter Events in Florida; and WHEREAS, Mr. Sullivan won the Mid-Atlantic Assistants Championship, as well as the Mid-Atlantic Pro Championship, and finished first in the regional qualifying round and third in the national qualifying round for the 1997 PGA Tour; and WHEREAS, Mr. Sullivan is the first person from the Roanoke Valley to participate in the national PGA Tour. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, does hereby extend its congratulations to Chip Sullivan for qualifying for the 1997 PGA Championship Tour; and BE IT FURTHER RESOLVED, that the Board of Supervisors commends Mr. Sullivan for his hard work and dedication to his sport and extends its best wishes as he participates in the PGA Championship Round. On motion of Supervisor Harrison to adopt the Resolution, and carried by the following recorded vote: h AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None A COPY TESTE: ~- Mary H. A len, Clerk Roanoke County Board of Supervisors cc: File Resolutions of Congratulations File ACT ION 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: December 17, 1996 AGENDA ITEM' Resolution of Appreciation and Recognition of Volunteers with 25 Years of Service to Roanoke County COUNTY ADMINISTRATOR' S COMMENTS : ~'yG~ ~~~e~ BACKGROUND' Roanoke County has established a "Quarter Century Club" for employees with over 25 years of employment with the County, and volunteers who have devoted over 25 years of service to the citizens of Roanoke County. These employees and volunteers are recognized at a Board of Supervisors meeting where they receive a plaque honoring their service. Listed below are the names of those volunteers who have 25 years of service, and who will be honored at this time. Doug Adams - 25 years Tom Philpott - 25 years Danny Snider - 25 years Barry Fuqua - 25 years Barry Lussen - 25 years .... Dean Rorrer - 25 years FISCAL IMPACT' None STAFF RgCOMMTNDATION: Staff recommends that the Board adopt the attached resolution of appreciation and recognition. The volunteers have been invited to attend this meeting, and will be presented with individual resolutions and plaques honoring their service. Respectfully submitted, Appro ed by, r t- (( ` C Amy L._~elor E mer C. Ho ge Fire & escue County Administrator Volunteer Coordinator ------------------------------------------------------- ACTION VOTE No Yes Abs Approved ( ) Motion by: Eddy Denied ( ) Harrison Received ( ) Referred ( ) Johnson To ( ) Minnix Nickens -2- SI AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANORE COUNTY, VIRGINIA, HELD AT THE ROANORE COUNTY ADMINISTRATION CENTER ON TUESDAY, DECEMBER 17, 1996 RESOLUTION OF APPRECIATION TO VOLUNTEERS FOR OVER 25 YEARS OF DEDICATED SERVICE TO THE COUNTY OF ROANORE WHEREAS, Roanoke County is indebted to the volunteers who provide fire and rescue service to the citizens of the County; and WHEREAS, these men and women dedicate countless hours, unpaid but appreciated, to ensure the safety of the people and property of Roanoke County; and WHEREAS, due to the complexity of family and business life, few volunteers are able to maintain this type of commitment over a long period of time, as demands on their time and energy increase; and WHEREAS, Roanoke County wishes to recognize those people who have been able to continue in service to the citizens of the County, and has established a Quarter Century Club for the volunteers who have served for over 25 years. WHEREAS, they have served as volunteers at the Vinton First Aid Crew, Hollins Fire and Rescue Department, Cave Spring Fire Department and Mount Pleasant Fire Department and are eligible for membership in this club. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, on its own behalf and on the behalf of the citizens of the County, does hereby express its deepest appreciation to the following for over twenty-five years of service as a volunteer with the Roanoke County Fire and Rescue Department: DOUG ADAMS, TOM PHILPOTT, DANNY SNIDER, BARRY FUQUA, BARRY LUSSEN 5-1 AND DEAN RORRER; and FURTHER, BE IT RESOLVED, that they are hereby certified as members of the Quarter Century Club for Volunteers in Roanoke County. ~ a ~- ~. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANORE COUNTY, VIRGINIA, HELD AT THE ROANORE COUNTY ADMINISTRATION CENTER ON TUESDAY, DECEMBER 17, 1996 RESOLUTION 121796-9 OF APPRECIATION TO VOLUNTEERS FOR OVER 25 YEARS OF DEDICATED SERVICE TO THE COUNTY OF ROANORE WHEREAS, Roanoke County is indebted to the volunteers who provide fire and rescue service to the citizens of the County; and WHEREAS, these men and women dedicate countless hours, unpaid but appreciated, to ensure the safety of the people and property of Roanoke County; and WHEREAS, due to the complexity of family and business life, few volunteers are able to maintain this type of commitment over a long period of time, as demands on their time and energy increase; and WHEREAS, Roanoke County wishes to recognize those people who have been able to continue in service to the citizens of the County, and has established a Quarter Century Club for the volunteers who have served for over 25 years. WHEREAS, they have served as volunteers at the Vinton First Aid Crew, Hollins Fire and Rescue Department, Cave Spring Fire Department and Mount Pleasant Fire Department and are eligible for membership in this club. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, on its own behalf and on the behalf of the citizens of the County, does hereby express its deepest appreciation to the following for over twenty-five years of service as a volunteer with the Roanoke County Fire and Rescue Department: DOUG ADAMS, TOM PHILPOTT, DANNY SNIDER, BARRY FUQUA, BARRY LUSSEN r~ ~ AND DEAN ROBBER; and FURTHER, BE IT RESOLVED, that they are hereby certified as members of the Quarter Century Club for Volunteers in Roanoke County. On motion of Supervisor Nickens to adopt the Resolution, and carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None A COPY TESTE: ~''12.c~.~..c.~. ,~ . G2.-C..2.Q...~.~ Mary H. Allen, Clerk Roanoke County Board of Supervisors cc: File Amy L. Shelor, Fire & Rescue Volunteer Coordinator Joseph Sgroi, Director, Human Resources Resolutions of Appreciation File ~ -- / AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANORE COUNTY, VIRGINIA, HELD AT THE ROANORE COUNTY ADMINISTRATION CENTER ON TUESDAY, DECEMBER 17, 1996 RESOLUTION OF CONGRATULATIONS TO CHIP SULLIVAN FOR BEING THE FIRST PERSON FROM THE ROANORE VALLEY TO QUALIFY FOR THE PGA TOUR WHEREAS, Chip Sullivan has been the golf pro at Hanging Rock Golf Course in Roanoke County since April, 1993, and before that, served as Assistant Pro at the Maple Bluff Country Club course in Madison, Wisconsin; and WHEREAS, Mr. Sullivan has participated in a variety of PGA events, such as the PGA African Tour and the PGA Winter Events in Florida; and WHEREAS, Mr. Sullivan won the Mid-Atlantic Assistants Championship, as well as the Mid-Atlantic Pro Championship, and finished first in the regional qualifying round and third in the national qualifying round for the 1997 PGA Tour; and WHEREAS, Mr. Sullivan is the first person from the Roanoke Valley to participate in the national PGA Tour. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, does hereby extend its congratulations to Chip Sullivan for qualifying for the 1997 PGA Championship Tour; and BE IT FURTHER RESOLVED, that the Board of Supervisors commends Mr. Sullivan for his hard work and dedication to his sport and extends its best wishes as he participates in the PGA Championship Round. s i AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANORE COUNTY, VIRGINIA, HELD AT THE ROANORE COUNTY ADMINISTRATION CENTER ON TUESDAY, DECEMBER 17, 1996 RESOLUTION 121796-19 TO THE GENERAL ASSEMBLY REFUSING TO SUPPORT TAB EBEMPTION OF PROPERTY OWNED BY THE HOLLINS COMMUNICATIONS RESEARCH INSTITUTE WHEREAS, Hollins Communications Research Institute (hereinafter the "Institute") has petitioned this Board for support of a bill to be introduced at the 1997 Session of the Virginia General Assembly to exempt certain property of the Institute from taxation pursuant to Article X, Section 6(a)(4) and 6(a)(6) of the Constitution of Virginia; and WHEREAS, a public hearing at which all citizens had an opportunity to be heard with respect to the Institute's request was held by the Board on December 17, 1996; and WHEREAS, the provisions of subsection B of Section 30-19.04 of the 1950 Code of Virginia, as amended, have been examined and considered by the Board; and THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follow: 1. The County refuses to support the petition of the Hollins Communications Research Institute seeking exemption from State and local taxation. In adopting this Resolution the Board has examined and considered the provisions of subsection B of Section 30-19.04 of the 1950 Code of Virginia, as amended. 2. The assessed value of the property owned by the Institute is $222,700 and the property tax is $2,516.51. The Tax Parcel No. is 27.06-3-4. 1 3. The Clerk is directed to forward an attested copy of this Resolution to the Chairman of the Committee of the General Assembly considering the designation of property to be exempt from taxation pursuant to Article X, Section 6(a)(4) and 6(a)(6) of the Constitution of Virginia and to the Institute. On motion of Supervisor Eddy to adopt a Resolution of Support. The motion was defeated by the following recorded vote: AYES: Supervisors Eddy, Johnson NAYS: Supervisors Minnix, Harrison, Nickens A COPY TESTE: Mary H. Allen, Clerk Roanoke County Board of Supervisors cc: File Paul M. Mahoney, County Attorney The Honorable C. Richard Cranwell, Chairman, Finance Committee The Honorable R. Wayne Compton, Commissioner of Revenue The Honorable Alfred C. Anderson, Treasurer John W. Birckhead, Director, Real Estate Assessment Hollins Communications Research Institute 2 ACTION NO. ITEM NO. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: December 17, 1996 AGENDA ITEM: Petition by the Institute for tax X, Section 6(a)(4 of Virginia Hollins Communications Research exempt status pursuant to Article and 6(a)(6) of the Constitution COUNTY ADMINISTRATOR'S COMMENTS: If this organization is significantly different from other medical offices , then tax exempt status may be justified. Otherwise, for consistence, they should be taxed. This petition by the Hollins Communications Research Institute seeks tax exempt status in accordance with the Constitution of Virginia. The real estate consists of 6.114 acres located at the intersection of Carvin Street and Walrond Drive. The assessed value of this real estate is $222, 700 and the real estate taxes would be $2,516.51. This property was previously owned by a tax exempt organization, the Osceola-Roanoke Lodge #47, Knights of Pythias. The Institute will agree to pay a 20~ service fee. The Constitution establishes the requirements and qualifications of tax-exempt organizations. Section 30-19.04 of the State Code establishes the procedural requirements for organizations seeking tax exempt status by designation from the General Assembly. This procedure includes a public hearing, adoption of a resolution, and certain findings by the local governing body, before action by the General Assembly. The Institute has submitted an application to the County for tax exempt status, which is attached. The Institute has submitted to staff a brochure and video which provide a more complete description of its services. These materials are available for Board review in the office of the Clerk to the Board. A more complete description of the services provided by the Institute is found in its application for tax exempt status, its brochure, and video. The Institute is a research and treatment facility dealing with communications, primarily the research and treatment of stuttering. 1 Ti The applicable provisions of the Constitution are as follows: Section 6. Exempt property. - (a) Except as otherwise provided in this Constitution, the following property and no other shall be exempt from taxation, State and local, including inheritance taxes: (4) Property owned by public libraries or by institutions of learning not conducted for profit, so long as such property is primarily used for literary, scientific, or educational purposes or purposes incidental thereto. This provision may also apply to leasehold interests in such property as may be provided by general law. (6) Property used by its owner for religious, charitable, patriotic, historical, benevolent, cultural, or public park and playground purposes, as may be provided by classification or designation by a three- fourths vote of the members elected to each house of the General Assembly and subject to such restrictions and conditions as may be prescribed. The Board shall conduct a public hearing on this request before adopting a resolution supporting or refusing to support such exemption. Before adopting any such resolution the Board shall consider the following questions: 1. Whether the organization is exempt from taxation pursuant to Section 501 (c) of the Internal Revenue Code of 1954; 2. Whether a current annual alcoholic beverage license for serving alcoholic beverages has been issued by the Virginia Alcoholic Beverage Control Board to such organization, for use on such property; 3. Whether any director or officer of the organization is paid compensation in excess of a reasonable allowance for salaries or other compensation for personal services which such director or officer actually renders; 4. Whether any part of the net earnings of such organization inures to the benefit of any individual, and whether any significant portion of the service provided by such organization is generated by funds received from donations, contributions or local, state or federal grants. As used in this subsection, donations shall include the providing of personal services or the contribution of in kind or other material services; 5. Whether the organization provides services for the common good of the public; 6. Whether a substantial part of the activities of the organization involves carrying on propaganda, or otherwise attempting to influence legislation and whether the organization participates in, or intervenes in, any political campaign on behalf of any candidate for public office; 2 i~l 7. No rule, regulation, policy, or practice of the organization discriminates on the basis of religious conviction, race, color, sex or national origin; 8. The revenue impact to the locality and its taxpayers of exempting the property; and 9. Any other criteria, facts and circumstances which the governing body deems pertinent to the adoption of such resolution. The Institute intends to subdivide this property and sell to compatible, for-profit businesses. The Institute has developed a site plan for this proposed subdivision and storm water retention plans. The Institute will agree to execute an agreement with the County for the payment of a 20~ service fee in lieu of taxation. Tax exempt status will result in a loss of taxable revenue of the value of the land and any structures ($2515.51 per year). This will be offset in part by the 20~ service fee, and any subdivision of the property for sale to for-profit businesses. After the public hearing the Board may decide to support this exemption by the approval of the attached resolution; or it may decide to refuse to support this exemption. It is recommended that the Board carefully consider this application for tax exempt status. There are many attributes of this organization that are indistinguishable from taxable entities. This organization seeks to replace and expand its existing facilities currently located at the Hollins College campus. It is not currently being taxed. This property is zoned C-1. The Board has previously expressed its concerns with respect to the erosion of the County's tax base. Respectfully submitted, ~~ Paul M. Mahoney County Attorney 3 r} ~ Approved ( ) Denied ( ) Received ( ) Referred to Motion by Action Vote No Yes Eddy Harrison Johnson Minnix Nickens Abs G:\ ATTORNEY\ PMM\ HCRITAX.RI'T 4 ~ ~ h ~ FFF The Hollins Communications Research Institute E ~ P. O. Box 9737 ' ~` ~~ Roanoke, Virginia 24020 (540) 362-6528 § 30-19.04.:1 Legislative Designation of Association, Organizations, etc., Exempt From Taxation 1. Whether the organization is exempt from taxation pursuant to ~ 501 (c) of the Internal Revenue Code of 1954. The Hollins Communications Research Institute (HCRI) was granted 501 (c)(3) tax exemption by the IRS on August 21, 1973. 2. Whether a current annual alcoholic beverage license for serving alcoholic beverages has been issued by the Virginia Alcoholic Beverage Control Board to such organization, for use on such property. No alcoholic beverages will be served on the premises requiring an annual alcoholic beverage license. 3. Whether any director or officer of the organization is paid compensation in excess of a reasonable allowance for salaries or other compensation for personal services which such director or officer actually renders. No director or officer is paid compensation, directly or indirectly, in excess of the reasonable allowance. 4. Whether any part of the net earnings of such organization inures to the benefit of any individual, and whether any significant portion of the service provided by such organization is generated by funds received from donations or local, state or federal grants. As used in this subsection, donations shall include the providing of personal services or the contribution of in kind or other material services. Article 3(c) of the Articles of Incorporation states: "This corporation shall have no members and is not formed for pecuniary profit or financial gain. No part of the assets, income or profits of the corporation shall be distributable to or inure to the benefit of its directors or officers." HCRI receives approximately 20% of its operating income from charitable donations. These donations have come from individuals, foundations, and corporations. We do not seek or receive local, state or federal grants. 5. Whether the organization provides services for the common good of the public. The primary focus of HCRI is to find the actual cause of stuttering and to pursue a better treatment for this communication disorder that affects 2-million Americans. ' ~ ~ Hollins Communications Research Institute -Page 2 ~r 6. Whether a substantial part of the activities of the organization involves carrying on propaganda, or otherwise attempting to influence legislation and whether the organization participates in, or intervenes in, any political campaign on behalf of any candidate for public office. HCRI does not participate in any political activities. It does not carry on any propaganda designed to influence legislation. 7. No rule, regulation, policy, or practice of the organization discriminates on the basis of religious conviction, race, color, sex or national origin. HCRI maintains a policy of non-discrimination on the basis of religious conviction, race, color, sex or national origin. 8. The revenue impact to the locality and its taxpayers of exempting the property. HCRI will subdivide a portion of the property to produce up to four tax-revenue producing lots that are zoned C-1. HCRI currently brings 130 patients to Roanoke each year. Each patient stays in Roanoke for three weeks. In its new location, it will serve 260 patients each year. Currently, HCRI patients bring $245,902 to the area each year from expenses incurred in travel, room, board and other personal items. With the doubling of patients, $491,801 will be brought into the area annually. In addition, HCRI will contribute to the region a payroll of $330,000. 9. Any other criteria, facts and circumstances which the governing body deems pertinent to the adoption of such resolution. Please see attached one-page summary. 12/96 The Hollins Communications Research Institute ~" / P. O. Box 9737 Roanoke, Virginia 24020 (540) 362-6528 The Hollins Communications Research Institute (HCRI) began as a research project at Hollins College in 1966. Since 1973, HCRI has been in its own building on campus. HCRI has had the need for additional space for over a decade. In 1996, HCRI purchased land near Hollins College for this expansion. HCRI is seeking tax abatement by designation under Section 58.1-3650 of the Constitution and Code of Virginia. We ask that an 80% abatement be granted. If granted, we agree to pay a 20% service fee in lieu of these taxes. Why is HCRI different from any other fee-for-service speech clinic? • Non-profit status 501 (c)(3) was granted to HCRI by the Internal Revenue Service in 1973 on the basis of the Articles of Incorporation which state: "... purposes of the corporation are ... to conduct fundamental scientific research...to aid in the scientific education of students...to create, develop and conduct applied service programs..."; "...shall have no members and is not formed for pecuniary profit or financial gain...". • 20% of our operating budget is from tax-deductible, charitable contributions. • Our patients come to Roanoke from across the nation and around the world. We have treated patients from all 50 states and from 36 foreign countries. • In addition to being a treatment center, HCRI is both a scientific research and educational facility. The major function is to conduct basic and applied research on communication disorders. HCRI is also involved in the education of graduate students from Hollins College, Virginia Tech and the Netherlands. • The significance of HCRI's research and treatment programs has been reported on ABC's 20/20, Good Morning America, NBC'sToday Show, CBS Morning, The Learning Channel, and appeared in the pages of Newsweek, People, New York Times, Chicago Tribune, and others. • HCRI is directed by a Professor of Psychology at Hollins College. HCRI's neuro-research laboratory is located on the Hollins College campus, and is headed by an Assistant Professor of Psychology. • HCRI sponsors international symposia and publications. Recently, the proceedings of our symposium in the Netherlands were published. • Fees are less than 1 /4th the national average for providers in the for-profit sector. The national average is $110 per hour. HCRI charges $25 per hour. • HCRI maintains a scholarship fund, the majority of which is supported by alumni and corporate contributions. No case is ever turned down because of the inability to pay for therapy. HCRI provides partial to full fee waivers to all persons who cannot pay the full therapy fee. • Upon dissolution of HCRI, the Articles of Incorporation (as amended) stipulate that all assets shall be paid and distributed to Hollins College. T- ~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, DECEMBER 17, 1996 RESOLUTION TO THE GENERAL ASSEMBLY SUPPORTING TAX EXEMPTION OF PROPERTY OWNED BY THE HOLLINS COMMUNICATIONS RESEARCH INSTITUTE AND USED FOR CHARITABLE, BENEVOLENT, LITERARY, SCIENTIFIC, OR EDUCATIONAL PURPOSES ON A NON- PROFIT BASIS, AND MEMORIALIZING A CERTAIN AGREEMENT BETWEEN HOLLINS COMMUNICATIONS RESEARCH INSTITUTE AND THE COUNTY OF ROANOKE WHEREAS, Hollins Communications Research Institute (hereinafter the "Institute") has petitioned this Board for support of a bill to be introduced at the 1997 Session of the Virginia General Assembly to exempt certain property of the Institute from taxation pursuant to Article X, Section 6(a)(4) and 6(a)(6) of the Constitution of Virginia; and WHEREAS, a public hearing at which all citizens had an opportunity to be heard with respect to the Institute's request was held by the Board on December 17, 1996; and WHEREAS, the provisions of subsection B of Section 30-19.04 of the 1950 Code of Virginia, as amended, have been examined and considered by the Board; and WHEREAS, the Institute agrees that the property to be exempt from taxation is the property of the Institute and its buildings and as much land as is reasonably necessary to the use of its buildings, provided such personal and real property shall be used by the Institute exclusively for charitable, benevolent, literary, scientific, or educational purposes on a non-profit basis; and WHEREAS, in consideration of the Board's adoption of this Resolution and the Board's support of a bill hereinafter described 1 T-I in paragraph 1 to be introduced on behalf of the Institute at the 1997 Session of the Virginia General Assembly, the Institute has voluntarily agreed to pay each year a service fee in an amount equal to twenty percent (20~) of the County of Roanoke real property tax levies, which would be applicable to the property of the Institute were the Institute not exempt from such taxation, for so long as the Institute's property is exempted from State and local taxation. THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follow: 1. The County supports a bill to be introduced at the 1997 Session of the Virginia General Assembly whereby Hollins Communications Research Institute, a non-profit organization, seeks to be classified and designated a charitable, benevolent, literary, scientific, or educational organization within the context of Section 6(a)(4) and 6(a)(6) of Article X of the Constitution of Virginia, and whereby property owned by the Institute, which is used by it exclusively for charitable, benevolent, literary, scientific, or educational purposes on a non-profit basis, shall be exempt from State and local taxation. In adopting this Resolution the Board has examined and considered the provisions of subsection B of Section 30-19.04 of the 1950 Code of Virginia, as amended. 2. The assessed value of the property owned by the Institute is $222,700 and the property tax is $2,516.51. The Tax Parcel No. is 27.06-3-4. 3. In consideration of the Board's adoption of this 2 T~ Resolution and the Board's support of the bill described in Paragraph 1 of this Resolution to be introduced at the 1997 Session of the Virginia General Assembly, the Institute agrees to pay to the County of Roanoke an annual service fee in an amount equal to twenty percent (20~) of the County of Roanoke real property tax levies, which would be applicable to property of the Institute in the County of Roanoke, were the Institute not exempt from State and local taxation, for so long as the Institute is exempted from State and local taxation. 4. The Clerk is directed to forward an attested copy of this Resolution to the Chairman of the Committee of the General Assembly considering the designation of property to be exempt from taxation pursuant to Article X, Section 6(a)(4) and 6(a)(6) of the Constitution of Virginia, to the Commissioner of the Revenue and the Treasurer of Roanoke County for purposes of assessment and collection, respectively, of the service fee established by this Resolution, and to the Institute. C:\OFFICE\WPWIIV\WPDOCS\ AGENDA\GENERAL\HOLLINS.INS 3 T- I MEMORANDUM OF AGREEMENT made this day of , 1996, by and between the Hollins Communications Research Institute (the "Institute") and the Board of Supervisors of Roanoke County, Virginia (the "County); and WHEREAS, the Institute has petitioned the County for support for certain legislation introduced during the 1997 Session of the Virginia General Assembly to exempt certain property of the Institute from taxation pursuant to Article X, Section 6(a)(4) and 6(a)(6) of the Constitution of Virginia; and WI~REAS, a public hearing at which all citizens had an opportunity to be heard with respect to Edinburgh's request was held by the County on December 17, 1996, and Resolution was adopted thereafter; and WHEREAS, the parties enter into this Memorandum of Agreement to accomplish the purposes of this Resolution. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties in their official capacities agree as follows: 1. Institute agrees that the property to be exempt from taxation is the real and personal property of the Institute and its buildings and as much land as is reasonably necessary to the use of its buildings, provided such personal and real property shall be used by Institute exclusively for charitable, benevolent, literary, scientific, or educational purposes on a non-profit basis. Institute, a non-profit organization, is classified and designated a literary, scientific, or educational organization within the context of Section 6(a)(4) and 6(a)(6) of Article X of the Constitution of Virginia, and property owned by the Institute, which is used by it exclusively for literary, scientific, or educational purposes on a non-profit basis, shall be exempt from local taxation. The real estate is identified by 1 1 ~' Tax Map No. 27.06-3-4 and consists of 6.11 acres. 2. In consideration of the County's adoption of Resolution and the County's support of Acts of the Assembly 1997, Chapter ,Institute agrees to pay to the County an annual service fee in an amount equal to twenty percent (20%) of the County's real estate tax levies, which would be applicable to property of Institute in the County of Roanoke, were Institute not exempt from local taxation, for so long as Institute is exempted from State and local taxation. 3. This service fee is a payment in lieu of taxation or service charge for certain necessary and essential governmental services provided by the County to and for the property of Institute. 4. This service fee is due and payable at the same times and under the same terms and conditions as other real estate levies. This service fee shall commence July 1, 1997, (the effective date of the aforesaid legislation) and shall continue for succeeding years so long as Institute is exempted from State and local taxation. 5. Institute shall pay all real estate and personal property taxes as assessed until July 1, 1997, at which time the service fee shall become effective. 6. Nothing in this Agreement shall be construed to exempt any employee of the Institute from the imposition of a business, professional, and occupational license tax by the County. 7. Nothing in this Agreement shall prevent Institute from contesting the assessed value of its properties in accord with procedures established by law and available to taxpayers generally. HOLLINS COMMUNICATIONS RESEARCH INSTITUTE By. 2 .. Approved as to form: Paul M. Mahoney County Attorney State of Virginia, County of Roanoke, to-wit: BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGII~iIA By %~ Elmer C. Hodge County Administrator The foregoing instrument was acknowledged before me this day of , 1996, by on behalf of Hollins Communications Research Institute. My commission expires: State of Virginia, County of Roanoke, Notary Public The foregoing instrument was acknowledged before me this _ day of , 1996, by Elmer C. Hodge, County Administrator, on behalf of the Board of Supervisors of Roanoke County, Virginia. My Commission Expires: Notary Public C:\OFFICE\WPWIN\WPDOCS4AGENDA\GENERAL\HOLLINS.AGR 3 1 • ~-~- AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANORE COUNTY, VIRGINIA, HELD AT THE ROANORE COUNTY ADMINISTRATION CENTER, ON TUESDAY, DECEMBER 17, 1996 RESOLUTION 121796-10 TO THE GENERAL ASSEMBLY SUPPORTING TAX EXEMPTION OF PROPERTY OWNED BY THE HANGING ROCK BATTLEFIELD AND RAILWAY PRESERVATION FOUNDATION AND USED FOR ITS CHARITABLE, EDUCATIONAL, AND RECREATIONAL PURPOSES ON A NON-PROFIT BASIS WHEREAS, The Hanging Rock Battlefield and Railway Preservation Foundation (the "Foundation") has petitioned this Board for support of a bill to be introduced at the 1997 Session of the Virginia General Assembly to exempt certain property of the Foundation from taxation pursuant to Article X, Section 6(a)(6) of the Constitution of Virginia; and WHEREAS, a public hearing at which all citizens had an opportunity to be heard with respect to the Foundation's request was held by the Board on December 17, 1996; and WHEREAS, the provisions of subsection B of Section 30-19.04 of the 1950 Code of Virginia, as amended, have been examined and considered by the Board; and WHEREAS, the Foundation agrees that the property to be exempt from taxation is the property of the Foundation. THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That, in accordance with Section 30-19.04 of the 1950 Code of Virginia, as amended, the Board supports an exemption from taxation under Article X, Section 6 (a)(6) of the Constitution of Virginia of property owned and used by The Hanging Rock Battlefield and Railway Preservation Foundation for its charitable, educational, and recreational purposes. This resolution is adopted 1 by the Board after holding a public hearing with respect hereto as to which public notice was given and at which citizens had an opportunity to be heard. In adopting this Resolution, the Council has examined and considered the provisions of subsection B of Section 30-19.04 of the 1950 Code of Virginia, as amended. The assessed value of the property owned and used by the Foundation is $51,600 and the property tax is $583.08. The Tax Parcel Nos. of the property owned by the Foundation is 36.03-1-62 and 36.10-1-16. 2. The Clerk is directed to forward an attested copy of this Resolution to the Chairman of the Committee of the General Assembly considering the designation of property to be exempt from taxation pursuant to Article X, Section 6(a)(6) of the Constitution of Virginia, to the Commissioner of the Revenue and the Treasurer for Roanoke County, and to The Hanging Rock Battlefield and Railway Preservation Foundation. 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: .mod • ~e.,~..k_ Mary H. Allen, Clerk Roanoke County Board of Supervisors cc: File Timothy W. Gubala, Director, Economic Development Paul M. Mahoney, County Attorney The Honorable C. Richard Cranwell, Chairman, Finance Committee The Honorable H. Morgan Griffith, Va House of Delegates The Honorable R. Wayne Compton, Commissioner of Revenue The Honorable Alfred C. Anderson, Treasurer John W. Birckhead, Director, Real Estate Assessment Hanging Rock Battlefield and Railway Preservation Foundation 2 ACTION NO. ITEM NUMBER -T- ..2- AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER IN ROANOKE, VIRGINIA, TUESDAY, MEETING DATE: December 17, 1996 AGENDA ITEM: Request for approval of petition by the Hanging Rock Battlefield and Railway Preservation Foundation for tax exempt status pursuant to Article X, Section 6 (a) (6) of the Constitution of Virginia COUNTY ADMINISTRATOR'S COMMENTS• ~,e,~ BACKGROUND: The Hanging Rock Battlefield and Railway Preservation Foundation is requesting tax exempt status pursuant to the Constitution of Virginia. The Foundation is planning and designing the Hanging Rock Battlefield Trail (Phase I) from Hanging Rock along the abandoned Norfolk & Western Railway line into the City of Salem. The Foundation has recently obtained title from the Norfolk Southern Railroad to 3.56 acres of former railroad right of way for use as the hiking/biking trail and is seeking to obtain title to 6.00+ acres owned by the United Daughters of the Confederacy. SUMMARY OF INFORMATION: The Constitution of Virginia sets forth specific provisions for organizations to meet who are requesting tax exempt status. A public hearing must be held and citizens be given an opportunity to comment. The local government must determine the assessed value of real estate subject to taxation and the amount of property tax due. Finally, the Board of Supervisors must favorably approve by resolution, the request for tax exemption and recommend that the Virginia General Assembly approve the tax exemption request in accordance with the Constitution of Virginia. The City of Salem has approved a request by the Foundation for tax exemption at its November 25, 1996 meeting. Staff recommends that the Board of Supervisors approve the attached resolution recommending tax exemption status for the Hanging Rock Battlefield and Railway Preservation Foundation. Since this property will be used for purposes similar to a public park or playground, and since the Foundation will not charge admission, staff recommends that no 20% service fee be required of the Foundation. / ~ .~ FISCAL IMPACT: The anticipated loss of annual tax revenue for the acreage to be used by the Foundation for the Hanging Rock Battlefield Trail project is $542.40. Staff anticipates that the greenway project will have a positive influence on community development, tourism, and future commercial revitalization of the Hanging Rock area which will repay the County in the future from new tax revenues. STAFF RECOMMENDATION: Staff recommends that the Board of Supervisors approve the attached resolution recommending tax exemption status for the Hanging Rock Battlefield and Railway Preservation Foundation. Respectfully submitted, ~^ ~it~ Timothy W. Gu ala, Director Economic Development Approved by, ~~ Elmer C. Hodge County Administrator ACTION VOTE Approved () Motion by: No Yes Abs Denied () Eddy _ - Received () Harrison _ _ _ Referred () Johnson _ _ _ To () Minnix _ _ _ Nickens Attachment VIRGINIA: 2 T- i BEFORE THE BOARD OF SUPERVISORS OF ROANOKE COUNTY PETITION PURSUANT TO SECTION 30-19.04 OF THE 1950 CODE OF VIRGINIA COMES NOW The Hanging Rock Battlefield and Railway ,: '~ THE HANGING ROCK BATTLEFIELD AND ) RAILWAY PRESERVATION FOUNDATION ) Preservation Foundation (the "Foundation") for its petition pursuant to Section 30-19.04 of the 1950 Code of Virginia to designate property as exempt from taxation pursuant to Article X, Section 6 (a) (6) of the Constitution of Virginia and states as follows: 1. The Foundation was incorporated November 7, 1994, SODS, ROGERS AZLEGROVE i ,un~,~aeW;~ under the Virginia Non-Stock Corporation Act to be operated exclusively for charitable, educational and recreational purposes to acquire, maintain and perserve the environs of that area of Roanoke County, Virginia, and Salem, Virginia, where the military engagement known as the Battle of Hanging Rock took place on or about June 21, 1864, the Old N&W Spur Line and the Valley Railroad Right-of-Way, together with such adjacent tracts or parcels of land as may further the purposes of the Foundation and to make such property available to the general public for charitable, educational and recreational purposes. M#364537 ~" - 2 - 2. The Foundation is the owner of certain tracts or ;parcels of real estate which are located in Roanoke County, << ~~ Virginia and more particularly described as follows: ~! a. That certain 3.56 acre strip of land conveyed '' to the Foundation by October 11, 1996, deed from the Norfolk & i! MI Western Railway Company of record in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Deed Book 1524, ;; ,~ '~ Page 1886, (Exhibit 1) . b. That certain tract or parcel of land containing ~~ 6± acres conveyed to the Foundation by October 23, 1996 deed from the Virginia Division, United Daughters of the Confederacy, Incorporated of record in the aforesaid Clerk's Office in Deed Book 1528 Page 368 (Exhibit 2) . 3. A request to the General Assembly for property to be exempted from taxation pursuant to Article X, Section 6 (a) (6) of the Constitution of Virginia, is governed by Section 30-19.04 of the 1950 Code of Virginia which requires a resolution to be adopted by the governing body of the locality in which the property is located, (the "Board of Supervisors") after a public hearing on the proposed exemption at which citizens have the opportunity to be heard and at which the Board of Supervisors considers the following issues, inter alia, with regard to the Foundation and its property: 'GODS, ROGERS HAZLEGROVE: AttOmtyt ut Lw M#364537 7- 2 - 3 - i. That the Foundation is exempt from taxation pursuant to Section 501 (c) of the Internal Revenue Code of 1950, i (Exhibit 3). ii. That the Foundation does not have an alcoholic ;:beverage license for use on the property. iii. That no director or officer of the Foundation is :paid compensation for personal services which such director or ;;officer may render in such capacity on behalf of the ;Foundation. ''inures to the benefit of any individual and, iv. That no part of the net earnings of the Foundation further, that a significant portion of the service provided by the Foundation is generated by funds received from donations, contributions and local state and federal grants to include: a. Contributions to the Foundation by Roanoke ::County and the City of Salem. i b. Grant by the Commonwealth Transportation Board Hof $549,300 for funds from the Virginia Transportation Enhancement Program (Exhibit 4). v. That the Foundation provides services for the common good of the public. vi. That the Foundation does not carry on propaganda or GODS, ROGERS HAZLEGROVE' Altomivy ae Caru otherwise attempt to influence legislation nor does it participate in or intervene in any political campaign on behalf of any candidate for public office. ~~ ~I ~I M#364537 .~ - 4 - vii. That the Foundation does not practice nor does it ;have any rule, regulation or policy which would cause it to :discriminate on the basis of religious conviction, race, color, sex or national origin. viii. That the revenue impact on Roanoke County and its tax payers by the exemption of the property is evidenced by 'the assessed value of the property of the Foundation and the ,property taxes that either~~were paid or would have been paid ;for such property. WHEREFORE, The Hanging Rock Battlefield and Railway '' Preservation Foundation respectfully requests the Board of Supervisors schedule a public hearing on its request to exempt property from taxation by a notice which includes the assessed value of the property requested to be exempt from taxation and the property taxes that were or would have been paid in most recent years with regard to this property; that the Board of "Supervisors consider, inter alia, the information set forth in this petition, the questions referenced in and the provisions :~ !of Section 30-19.04 of the Code of Virginia, the comments at a (public hearing in compliance with Section 30-19.04 of citizens and such other criteria, facts and circumstances which it deems pertinent to determine whether the Foundation's property should be tax exempt; that the Board of Supervisors adopt a resolution that shows the assessed value and property tax for ODS, ROGERS !~ AzI.EGR(NE: ,; the Foundation's property and recites that the provisions of Atfunms at Lrtu . ~ ':' M#364537 / - ,.~ THIS DEED, made this ~ day of 19~by and between NORFOLK AND WESTERN RAII.WAY COMPANY, a Virginia corporation (hereinafter called Grantor), and THE HANGING ROCK BATTLEFIELD AND RAILWAY PRESERVATION FOUNDATION, (hereinafter called Grantee); WITNESSETH: That Grantor herein, for and in consideration of the public interest and in order to promote the public welfare, Grantor does hereby DONATE and QUITCLAIM unto Grantee, its successors and assigns, the following described premises, located in Roanoke County, Virginia; to wit: All that strip, piece or parcel of land situate, lying and being in Roanoke County, Virginia, being a portion of the former Norfolk and Western Railway Company's main track right of way, as it ran between the City of Salem, Vuginia and Hanging Rock, V'uginia, being bounded on the South by the common line between the City of Salem, Virginia and Roanoke County, Virginia, being bounded on the North by the southerly boundary of State Highway Route 311, said southerly boundary being the northerly terminus of said Railway's right of way for it's main track as it ran between Salem, Virginia and Hanging Rock, Virginia, and being more particularly described as follows: to wit, BEGINNING at the intersection of the original centerline of said main track and the common line between the City of Salem, Virginia and Roanoke County, Virginia, said point being located at Railroad. Valuation Station 204+16.5, more or less, and also being the TRUE POINT OF BEGINNING for the herein described strip of land; thence, in a general northwardly direction with a 50 foot wide strip of land, at all points being 25.00 feet on each side of, as measured normal to, said original centerline of main track, a distance of 3, I03 feet, more or less, to a point on aforesaid southerly boundary of State Highway Route 311, said point being located at Railroad Valuation Station 235+20, more or less, and also being the POINT OF ENDING for the herein described strip of land. Said strip containing 3.56 acres, more or less, and being located substantially as shown on print of Drawing No. RD-96-0042, dated July 2, 1996, last revised September 30, 1996, attached hereto and made a part hereof. EXHIBIT 1 / - ..~ - 5 - Subsection B of Section 30-19.04 of the Code of Virginia have .;been examined and considered in conjunction with citizen .comments and that the Board of Supervisors supports the requested exemption and recommends same to the General Assembly, and that a copy of the resolution, in due form, be ''forwarded to the Chairman of the Committee of the General.- : Assembly considering the designation of property to be exempt .from taxation pursuant to Article X, Section 6 (a) (6) of the Constitution of Virginia and that the Board of Supervisors ,take such further action as it may deem appropriate to further ~~this petition. ,; RESPECTFULLY SUBMITTED, j ~ THE HANGING ROCK BATTLEFIELD !! AND RAILWAY PRESERVATION !I FOUNDATION i << ~ By : ~ ~ _~/ Its Attorney .James F. Douthat, Esq. (Bar No. 1191) :WOODS, ROGERS & HAZLEGROVE, P.L.C. ;Dominion Tower, Suite 1400 ~i10 South Jefferson Street P.O. Box 14125 ~~Roanoke, VA 24038-4125 ;; (540) 983-7662 ! ;, ,~ ;! ~I ODS,ROGERS AZ1..EGROVEE ttw,n~y,ar(aru i It M#364537 /- 2. The foregoing conveyance is made, however, expressly subject to any conditions, restrictions, reservations, licenses or easements, whether or not of record. WITNESS the following signatures and seai the day and year first above written. L. S. ATTEST: NORFOLK AND WESTERN RAILWAY COMPANY By Assis t Se retary This instrument prepared by: Linda V. ITill-Everett Attorney at Law Norfoik Southern Corporation Suite 1702, One Georgia Center 600 W. Peachtree Street, NW Atlanta, Georgia 30308-3603 ~~ R al Estate Manager l.ln::~me 1009458.gcd VAQCDCWP !0/4/96 / - „~• STATE OF GEORGIA ) to-wit: COUNTY OF FULTON ) Before me, a Notary Public in and for the said County, personally appeared and known to me to be the persons who, as Real Estate Manager and Assistant Secretary, respectively, of Norfolk and Western Railway Company, the corporation which executed the foregoing instrument, signed the same, and acknowledged to me that they did so sign said instrument in the name and upon behalf of said corporation as such officers, respectively; that the same is their free act and deed as such officers, respectively, and the free and corporate act and deed of said corporation; that they were duly authorized thereunto by its Board of Directors; and that the seal affixed to said instrument is the corporate seal of said corporation. IN TESTIMONY WHEREOF, I have hereunto subscribed my//11name, and affixed my official seal, at Atlanta, Georgia, this ~~ day of . 19''t,~ My commission expires: ~.~y- ~~. c.~ coursN. "~:. tIy Aimrn~easi Ewires Q~twrt~-r?'~. t~ Notary Public Prepared By: Woods, Rogers a SazZegrove, p.L.C. (Douthat) '; THIS DEED OF GIFT, made this 23rd day of October, 1996, by i! and between VIRGINIA DIVISION, UNITED DAUGHTERS OF THE CONFEDERACY, INCORPORATED, a Virginia non-stock corporation, Grantor, and THE HANGING ROCK BATTLEFIELD AND RAILWAY PRESERVATION FOUNDATION, Grantee. W I T N E S S E T H AS A GIFT, AND NOT FOR CONSIDERATION, Grantor does hereby give and grant, with Covenants of Special Warranty of Title, GODS.ROGERS HAZt.EGRCrvE: iftumtus of Lau unto Grantee, all of the following lot or parcel of land lying and being in the County of Roanoke, State of Virginia, to be maintained as a memorial to the memory of the brave soldiers of the Civil War who fought and died in the "skirmish" or Battle of Hanging Rock on June 21, 1864, and more particularly described as follows: That certain tract or parcel of land 'containing 6.00 ' acres, more or less, designated on Roanoke County '~ Tax Appraisal Map as No. 36.10-1-16, lying on both the northerly and southerly sides of Route 419 near its intersection with Route 311; and BEING the same property devised by Mattie C. Garst by her will dated May 4, 1960, probated November 17, 1960, in the Clerk's Office of the Circuit Court of Roanoke County, Virginia and recorded in Will Book 15, page 330, under item Eighth thereof, to Virginia Division of the United Daughters of the Confederacy, described therein as "the property at Hanging Rock consisting of the Hanging Rock, the land on which it is located, the cliff of rock known as the "Buzzard Roost Cliff", the said cliff extending back in a field on top of the hill 100 feet, to take in the entire cliff on the upper side. The lower side is to take in the entire cliff extending to the branch in the meadow just under the cliff and to the road running under the cliff, to a little rise in the road, at which point, the entrance into the field is located, making a little over 100 feet." ~zBZT z T- ~ EXCEPTING THEREFROM, such portions thereof which were acquired by the Commonwealth of Virginia for widening and improvement of Route 116 (now Route 419) as evidenced by certificate dated June 20, 1966, of record in the Clerk' s Office aforesaid in Deed Book 804, page 487 as confirmed by order recorded in the aforesaid Clerk's Office in Deed Book 827, page 547. Without reimposing any of the reservations, restrictions, easements and conditions affecting the hereinabove described property, this conveyance is made subject to all of them. Recordation of this deed is exempt from taxation pursuant to Paragraph D of Section 58.1-811 of the Code of Virginia of 1950, as amended. WITNESS the following signature: WOODS. ROGERS & HAZLEGRC)VE' :luomtm ut Lr-~ VIRGINIA DIVISION, UNITED DAUGHTERS OF THE CONFEDERACY, INCORPORATED By : Q ~ ~'_ ~ . I t s ,2~a-C;, ~. STATE OF VIRGINIA ) to-wit: The foregoing Deed was acknowledged before me this ~_ day of .~ 1996, by ~ ~i as _ ,/L.cp~(~~~ o Virginia Division, United Daughters of the Confederacy, Incorporated, a Virginia non- stock corporation, on behalf of the corporation. My commission expires: 9-~~ i~'~ ~i Notary Public 2 INTERteAL REVENUE SERVIC DISTRICT DIRECTOR 3i HOPKIHS PLAZA BALTIi~ORE, iiD 21201 L',',tE; ~CO 2 0 1.~ '~+E nANGINC ROC Y, BA T TL==I:_i~ ~tiD RAI_aAY F'RESER'!ATI~7N FOUNDATION CIO J. +1a`JIO RDBBI,tt ,20 HIGH ~ T REET ~ALE~i~ CIA 24153 Gear ~ppiicantS DEF 'IiEHT OF THE TREASURY ~-~ ta~io~rer ~ ~enti~ icatior, ~~umber; 54-1is0°o4 Case Number; 525Gi20's1 Gontact Person; iiISS ~~ fiACKARG Gontaci Teleahone r(~~eber; (4101 a42-'i55 509(ai(1) Advance Ruling Period Begins; November 0?, 1994 advance Rulin•a Period Ends; Gecerber 31, 1998 ~;ddendum Ar~iies; '(e5 Accountin'~ Period Endin'~; December 31 J Foundation ,tatus Classification; Bases on information you ~u~plied, and assuming your operations will be as stated in your application for recocnition of exemption, we have determined you are ?Tempt frog federal income i~x ender section ~01(ai of the Internal Revenue Code as an arganizatian described in section 501(c}(3), aeca~lse you are a newi~ ~_reated organization, we are not now maKin'3 a final determination of your foundation status under section 509(a) of the Code ~lowever, we nave determined teat :o•! can reasonably expect to be a publicly =.uAported or?anization r,'escribed in sections ~C~9(ai(1) and 1; 0(b)(1)(A)(vii. *!CC.r~11n'•7,lyf dUring cif a~]VdnCe rUling ~•Fr1C4 V~jli ~:il [? '~ eared -- 3 ~~!~oiiciy supported organizatior„ and not as a private foundation This advance ?M ing ??riod begins and epos on +.he pates 'shown above, !{ithin 90 days after the end of your advance ruling period, you must ,:sand ~!_ the information needed to determine whether you have met +,he req~ire- ments of the applicable s~~pport test during the advance r~~iing period If you ?stablish that you have teen a publicly supported organizationr we will classi- 'y you as a section 509(ai(1) or 509(aii2) organization as long as you continue to meet the requiresents of the a¢plicable s~~pport test It yov do not seet the p~~biic support requirements during the advance r~~ling ~eriad, we will '_l:ssif~r tau as a private f•]undaiian for future periods Also, if we classify Tau as a private foundation, we will treat you_as a private founoation from ::ur o?gini,ing date Tor ;~,srrose; of section 50i(d) anu ??10, Grantors and contrioutors may rely on bur determination that you are not a x;`1'1:Le ~4!~nd3tiGn '.~ntli •?•' daVS ;ftep the end cf •~our =advance r~!llfig period. if you servo us the required information within the 94 days, grantors and ~_ontrib~!tors may continue *,o rely on the advance determination until we make final determination of :'our foundation ~tatus~ Lett EXHIBIT 3 / -.2 ;rtc ~r;i~ClriC ROCK F~ATT~tri~LU :f '~e 4Uall:l a nOti~:_ In the Sri:?t'iai ~'SyenUe '_:'1.e~ln z.atlri'] Liiat ae ,Jlli rIC 1Cnaer treat ':oU o3 a pUb1iC1 v!IppOrte~~ arQan1C3t1Dn- 4rantOrS and COfttri~!+tOrS maV nCt "eiy +'n th15 d°terminatlt'.n 3;`ter *rie date •%? pUbllsh' the riCtl:?~ !r: addltlon, if VOU lose y0!+r °_L3t+!5 os a a!+b11C1 :' su~voried organi- _3tluii, 31d 3 •jrantOr ~?r •_:~r;triOUtor was i ==?on°_1~Ji9 T ?r , or Was aware Gf r the act or failure to act, that resulted lrt VOUr 1055 of suCfi statU°_, that person +aad -;ot rely on this determinatian from the date ~~f the act or failure to act. Also, if a ~raniar or contributor learned That we had ;liven notice that you would :e removed fro^ classitication s a publicly supported organi".tion, then that Verson may not rely on ibis determination as of i~he date he or she aceuired such k.nowied•ae~ If you ciian3e your ~iUrCeS t3f 5+!^p~~r*, .f _r_wion. ~•iea_e _?i „s :.now .o we __,. :C+!" _a?•iAt :3tU5 ai;0 ['3Un0at10n :~:at+J=.~ ec!+merlti. ^^ ;viawsr ~iease Bend !+: a .oar also, .eF '; __ know ail c han•;es in your n311e , ;our +Jrposes, ~_naracter, ur method =ansl~er ..;e _ffecL _. *~e ^^ange on ~f :•.u ?mend :o+Jr •,r~aanl.a*.ionai et i`e a:~ended dec!+ment ..r bylaws. or address. As of January i, 1984, you are liable fer social security taxes !+nder the rederal Insurance Contributions Act on amounts of 5100 or more you pay to each of your employees during a calendar ;;ear. You are not liable for the tax imposed ~+nder the Fsderai ?Jnempl~v~oent Tax Act i=~JTAi. Organizations .^at .°e not private foundations are not s!+b!ect :.o the pri- ;a~e *_,un~iaiion e;cise *.a;:es +:nder 4hapter =? of the Internal 'r'evenue Code. However, you are not automatically e:<emQt from other federal e:;cise taxes. If. you ~:ave any ;+Je_tions aaout excise, ?mAiovaent, er other tederal taxes, alease lei us r.new. ~onor_ ~av ~~?!]!+C? =_"i7,r1011T1r1'? ._ :::}!j .; :'r')V1~.°_: In .~~_*,:~n _ of the internal Revenue Code. requests, le~acles, aevlses, transfers, or alfts to you 7r f':r YOUr ~!Se E"e ~]edUC'lble nor h,deral eEtoLe arld •71ft `.ax p+!r?OSes :f they aleeL .~e aGpliCabie ~•rOV15iGns CT BeCL:OnS ~'Jti~, _1~0, 8i10 ~~~L f ;lie Code. uonors aay :leduct contribu+.ions to you only to the extent that 'heir contributions are •~ifts, '.:ith no consideration received Ticket purchases and aisiiar :avments in conjunction '.-ith f+Jndraisin'~ ?vents may riot necessarily qualify as deauctibie contributions, deAendir;•a an the trcumsiances~ Revenue N!~lin~] e?-I4c, r~ublished in CUmuiati'1e ulletin 196i-~, on page 104, •aives ~+Jidelines reaardin? when ta;;payers r;ay deduct .sya~ents for admission io, or >>t:^.er ?;rticiaaiian ln, T4ndralsln•~ acii;itieG far charity. ;:}!I -:re not r=•!+Ired yo fire , _°m ~'~~', n?turn :, !Jraanl~:Lion ~;;emut rrom .rtCC32 a;:, lT V4Ur ~jr055 r?Ce1ptS each year are normally #25,~~70 or less. if VOU '2Ce1Ve a r-era yon pacr,aae lr. the~cilr ?1mAi:' 3Lta~r; the !abet ^^OVldedT :~iec: i4 ::: ,• •~;? ~:?_~]ina r•. i t "J+Jr ;nl Gtr ndlcate ha ar JaI aros rQcei are nOrmali': 3?5,vG0 ~!r 1e55, an0 51.7n the return. i° '!OU are ra•7U1re0 tC file ? ; etVrn ''~)+! ~k+JSt file It by the 15th day of getter 1445 tG0/CGl -~_ He hrNGI~iG kOCh t~ATTi.tFic.u ~.;re iTti~ month alter :he end or °r our annual ..cco~!nt it;a Gerla~i. ~e cnarae a ertolLV 4' ~1G a daV when return 15 riled .ate- !~r;iess :flare 1~ reasonacl8 CaUSe r~]r '~ile ~elaV• HoMeVer~ L~ile ma::1:;Ua aenalty we Char'3e ~annOt erCeeo '~SrGuO .,r ~ percent of your 'dross receiais roc tae year+ whichever is less. Ne may also char'Ie this penalty it a returr, 15 not c:mpiete~ °or ~iea5e lie sure tour ^~turn ie coapiee cefore .row pile ii. You are not required to file T?decal income ta:: rst~!rns unless you are ubiect to the lax on unrelated t~usiness income under section 511 or the Code. if you ore suo~ect to this tax+ you must file an income +.ax return on Form 440-i+ tr.empi Organl~ation Business Income ia:: keturr;. In this letter ue are not dete,minin'~ whether any of your ?resent or proposed aciivities are unre- ieted Trade or cosiness as defined in section 513 of the Code. ~OU Weep "! e~PIOVer ?pie.^••,:'1~:Ll~Jn ~~!!4~°r :'1 @!1 _, ar, espioyer =_denii'i:_:ian nuooer wad r;at entered on dill :esi•3n a nusber to you and advise you of it. ;'lea ail returns you rile and in all corresaondence with the service, ': 4U ilaVe n4 8malovees. your appiicatiea+ ue se !use that nuoher on Internal F.evenue If we said in the heading of this letter that an addendum applies+ file addenduA enclosed i. an integral part of this letter. ~eC3UE° this letter ^oUld Relp US re501Ve anV ''Ue5t10n5 3c0Ut '%~)~Jr e;(e~9L status and fo!~ndation siat!~s+ .-~u shoui~ f:.Fep i; :n your permanent °ecords. i3 you have any '~vestions+ please contact the person Whose ease and Lelephone n!~ober are shown in the heading of this letter. District Director cnciosure:sit Adden~i~!m Fore E?Z-C Let+.er 105 •:"v0/Cui ., ;:inee '1CU i??~Je reOL ii~~ICaLe~] thdt 'JOU intend t~J T1ndnCe ;'4Ur aCLi'J1L1e5 ;~lth the pr~JeeedS ^T :a':t ?l:emAt ,'•'On0 f:nanCing, In thl5 1ett2r We nave nCt eter~sined the eTTeCt ~]1 SU."(' TlnanCing On y0~!r to':{ eemaT• StatUS~ 'r0U QIaV ~JDtaln :, Cenfir:~ation r!~iln'a C^nCernin'7 the ?*fect c? ta,.-exedaL cCno r`inancing on your er.em~t .talus f^om the E::empt Organicztions i?clinical uivi:ian, Internal Reven!~e wervice, 1111 Lonstii~~tion i;ve~ r ~i.k~, ~lashington, 0, C. ~OZ24, Attn; ESEO. You are require~~ to sake availab e~empiion aapiicziian, and sucporting :' eau are require.^. ca ?'1? ?n annual required to maKe ~ copy uT the return •-.rca uaarc .y'tpr -p r~riJrrt :: :!Je~ fCrv~!Ol1C :nSGeCt10n Q~aV =UQ IeCt 'JCU :Here 15 a f311ure LO CCICQIJ ;!~A t0 a annum return, :ee Internal F.:evenue for 3dditianal information, le for public Insneciion a copy of your docuaents, and this e:<empiian ietter~ information ^eturn, you are also avaliabie Ter ~u~+iic inspection far ?iiure 'aar,e t,'~e5e ~ioc'!a~ent, a'JallabiY tQ c fienalLV ^T :zU der .c'Y T^r eaCn day ma~ci3um ~~f f5:u~!G :^ the case Ct an Service ~~otice 88-"s~0, :~88-~ .E. 454, Guidelines !ender 4~iich private foundations nav rely on this determination, for gifts, grants, and contributions aade aster iiarch !3, 1489, ?re iiberaii._d and ~t!blished in h'ev. ~roc~ 3?-~3, Cumulative t'ulleiin 1989-i+ pace 844, Letter i~?45 tu0/CC) '- -~`- 1141-7-3 .83 9-93 1 . -cm, 872' Consent Fixing Qeriod of Limi•.__ion Upon Assessment of Tax Under Section 4940 of the Internal Revenue Code qev. Jwv 19431 ~•°°"""n` °' `^° rn.~.. (See instructions on reverse side.) mtwna A•ww° swvea OMB No. ISdS-0058 To be uaaa wrcs Fot*n to?3. Suema in duoreate. Under section 65{)1(c)(4) of the Internal Revenue Code, and as part of a request filed with form v02or sectihon organszation named below oe treated as a publicly supported organization under section 170(b)(1)(Ax 1 509(a)(2) during an advance sviing period. The Hanging Rock Battlefield and Railway Preservation Foundation ............................................................................... District Director of .............. (~ legar name or argarraauon as :sawn n arganaarq oocranenrl Intemat Revenue. Of c/o James F. Douthat, Registered Agent and the Assistant 10 South Jefferson Street,..Aga,~Ak~,_.Y.A...?4Cll~ ............... Commissioner ..................._......._............ (Employee Plants and QWaeoe~ srnrK uN or town, scats ono Ill' toga Exempt OrgarttzaUonst Consent and agree that the period for assessing tax (imposed under section 4940 of the Code) for any of the 5 tax years in the advance ruling period will extend S years. 4 months. anti 15 days beyond the end of the first ta: year. However. if a notice of deficiency in tax for any of these years is sent to the organization before the penod expires, the time for maxim an assessment will be further extenged by the number of days the assessment is prohibited. plus 60 days. Estding date of first tax year ,.December-31, 1994 -.-_.----_ pWSUr+. oar. ens rear gg~ - s ".y A A i ~ '. I M- The Hanging Rock Battlefield and Railway Preservation Foundation Name of organtzanon {as snows In otganszulg document) Date J. David Robbins ~ Jan. 10, 1995 Otttcer or trustee naving sutharsry to sign I ~ ~ Title -- President Sionature - ~ ~ G~- `~ For fRS usa niy - Oistnct Oirect ::stns Ccmm caner {Employee Plans ana Exempt Orgaruzauons) ~~ . MAR ~ ~ 1995' 8y - For PapNworic Aeduc>Stan Act Noget. sss page 1 of tho Form IOZf instructions. Cst_ No. 169050 / '~ . L. .,. 0 ~_. COMMONWEALTH of VIRGINIA DHPARTMENT OF TAANSPORTJ-T10N 101 EACTeRO~DBTREET DAVID R. GEHR RICtIMON0,23219 COAIMIS91OF1tR Jute 22,1995 11M. J. David R.ctbbins Hanging Rock liattlefic]d and Railway Preservation Foundation 620 High Street Salem, Virginia neat Mr. Robbins: R.O. CASBADA PNOGRAI.Iw11M(; AWO ~plFOUllNO ENGWkkR Congratu]ationsl Your application for funds in Virginia's Transportation Hnhaneement Program has been approved by the Comtaonwcalth Transportation Board for $54y,300. The board had a very difficult job making its sclcciions this yearns there were many c~ccllcnt applications and competition was keen. With just aver $S.G million available in federal funds, we rcceivcri ] 73 applicatians requesting $53.7 million. A meeting will be scheduled with you in the near future to discuss the implementation of your project. Please do not spend any funds or initiate any phatic of your project until niter ibis mating. Since these are federal funds, a formal federal authori~.atian must be received before you star, and all federal guidciittcs mast be foliawed. We do not want to jeopardize federal participation because of a procedural error. Attached is a copy of un Administration Agreement for your review. Later, you will receive an agreement tailorod to your specific project. ~:, We will be contacting you soon and thank you again for your interest in Virginia's '1'rnnsportation ~nhanccmcat Program. Sincerely, ,~' J . ~~C~' s ,,/ . '~~%~Qi R O. Ct~sada,P.~. State Programming and Sc:hesiulirtb Lugincar Attachment TRANSpORTATIpN FOA THE 21ST CENTURY .., o COMMON'WL'ALTH of VIRGINIA ~ _ AVID R. GEHR eo~+~iss~oHeR DEPARTMElNT OR TRI~NSPORTATION 101 EACT •R0.-D BTREiT AiC}O,AaND. 24219 Juno 22,1995 l\+it. J. David Robbins Hanging Rock }3atrleficld and Railway 1'reserltation Foundation 620 High Street Salem, Virginia near Mr. Robbins: % -2- R. o. cnse~os- PNDGAAAAAtbQ aN0 QGiEflUIJN~i EtR Congratuiationsi Your appiicarion far funds in Virgin.ia's Transportation }:nhancrmeat I'mgram has been a}~proveti by the Comaaonwcalih Transgortaiion Aoard for $54y,300. The board had a very. difficult job making its sclcctions ibis year as there wire msay cxcciIcnt applications and compeiitioa was keen. With just over $S.ti million available in federal funds, we received ] 73 applications rcgnesting 553.7 million. A m~tirtg will be scheduled with you in the near future io discuss the implementation of your project. Pleasa do not spend any funds or initiate any pha.,r of your projcxi until atl.er ibis rnecting, .since these tur federal funds, a formal federal authorisation must be received before you start, and all federal Buidclincs must be followed. We do oat want to jeopardize federal participation because of a procedural error. i Attached is a copy of un Administration Agreement far your review. Later, you will rercive an agreement tailored to your specific project. a We will be r~ontacting you soon and thank you again Tar your interest in Virginia's 'Crnnsportaiion I/nhanccmcat Pros~r~un. ~Sinccrcly, ~'' ~ . ~~ R`-.O. C~sacia, P.E. State Programming and Sc:hesluling L•'nginczr Attachment EXHIBIT TRANSPORTATIQN FOA THE 21ST CENTURY 4. / "" .~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, ON TUESDAY, DECEMBER 17, 1996 RESOLUTION TO THE GENERAL ASSEMBLY SUPPORTING TAX EXEMPTION OF PROPERTY OWNED BY THE HANGING ROCK BATTLEFIELD AND RAILWAY PRESERVATION FOUNDATION AND USED FOR ITS CHARITABLE, EDUCATIONAL, AND RECREATIONAL PURPOSES ON A NON-PROFIT BASIS WHEREAS, The Hanging Rock Battlefield and Railway Preservation Foundation (the "Foundation") has petitioned this Board for support of a bill to be introduced at the 1997 Session of the Virginia General Assembly to exempt certain property of the Foundation from taxation pursuant to Article X, Section 6(a)(6) of the Constitution of Virginia; and WHEREAS, a public hearing at which all citizens had an opportunity to be heard with respect to the Foundation's request was held by the Board on December 17, 1996; and WHEREAS, the provisions of subsection B of Section 30-19.04 of the 1950 Code of Virginia, as amended, have been examined and considered by the Board; and WHEREAS, the Foundation agrees that the property to be exempt from taxation is the property of the Foundation. THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That, in accordance with Section 30-19.04 of the 1950 Code of Virginia, as amended, the Board supports an exemption from taxation under Article X, Section 6 (a)(6) of the Constitution of Virginia of property owned and used by The Hanging Rock Battlefield and Railway Preservation Foundation for its charitable, educational, and recreational purposes. This resolution is adopted by the Board after holding a public hearing with respect hereto as to which public notice was given and at which citizens had an opportunity to be heard. In adopting this Resolution, the Council has examined and considered the provisions of subsection B of Section 30-19.04 of the 1950 Code of Virginia, as amended. The assessed value of the property owned and used by the Foundation is $51,600 and the property tax is $583.08. The Tax Parcel Nos. of the property owned by the Foundation is 36.03-1-62 and 36.10-1-16. 2. The Clerk is directed to forward an attested copy of this Resolution to the Chairman of the Committee of the General Assembly considering the designation of property to be exempt from taxation pursuant to Article X, Section 6(a)(6) of the Constitution of Virginia, to the Commissioner of the Revenue and the Treasurer for Roanoke County, and to The Hanging Rock Battlefield and Railway Preservation Foundation. C:\OFFICE\WPWIlV\WPDOCS\ AGENDA\ECON\HANGROC.RES AT A REGIILAR MEETING OF THE BOARD OF SIIPERVISORS OF ROANORE COUNTY, VIRGINIA, HELD AT THE ROANORE COUNTY ADMINISTRATION CENTER, TUESDAY, DECEMBER 17, 1996 RESOLUTION 121796-11 PURSUANT TO SECTION 15.1-238(E) OF THE CODE OF VIRGINIA, 1950, AS AMENDED, AUTHORIZING THE ACQUISITION OF AN EASEMENT THROUGH SEPARATE PARCELS OF LAND OWNED BY MICHAEL C. MARTIN AND FAYE H. MARTIN AND FOR THE WATER TRANSMISSION LINE PROJECT Following a public hearing of the Board of Supervisors of Roanoke County on Tuesday, December 17, 1996, at 7:00 p.m., after due notice to the public, this Board makes the following findings of fact and adopted the following resolution: BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the Water Transmission Line Project has been approved to provide a source of water for the citizens of Roanoke County. 2. That the project is necessary for the general health, safety and welfare of the public, and specifically will provide a long-term water source in Roanoke County. 3. That acquisition of an interest in certain parcels of land, described below, is necessary for construction of water transmission lines from the Roanoke County Water Treatment Plant to southwest Roanoke County. 4. In order to complete this Project, the County needs to acquire an interest in the properties described below: (a) OWNER: Michael C. Martin and Faye H. Martin PROPERTY DESCRIPTION: Parcel of land located on Tyler Road, Salem, Virginia (Roanoke County Tax Map No. 44.04- 2-49.1) See attached plat identified as "EXHIBIT A" showing water easement and temporary construction easement to be acquired from Michael C. Martin and Faye H. Martin. 5. That the fair market value of the interest in the property to be taken and damages to the residue of such property, if any, is as follows: FAIR MARKET VALUE AND DAMAGES, IF ANY Michael C. Martin and Faye H. Martin $ 957.00 6. That each of the landowners have been offered the amounts listed in paragraph 5 above for an interest in their property and that each offer was refused by the landowners. Therefore, the only feasible way of acquiring the land described above is by condemnation. 7. That it is necessary for the County to immediately enter upon and take possession of the properties described above and commence construction of such water transmission lines and any other appurtenances to the water supply system in order to more adequately serve the needs of the citizens of Roanoke County and to 2 institute and conduct appropriate condemnation proceedings as to the above-described property as provided by law and by this resolution the County hereby states its intent to do so. 8. That pursuant to the provisions of Section 15.1-238(E) of the Code of Virginia, 1950, as amended, the Board finds that it is necessary to be vested with those powers granted the Commonwealth Transportation Commissioner pursuant to Sections 33.1-119 through 33.1-129, both inclusive, in order to enter upon the property to be condemned prior to or during the condemnation proceeding for the construction of water transmission lines and any other appurtenances to the water supply system as described above. 9. That the Roanoke County Board of Supervisors hereby condemn the interest in the properties shown on the Exhibits attached hereto and made a part of this resolution and authorizes the County Administrator and the County Attorney to sign all papers and documents necessary to this end on behalf of the County. 10. That the Roanoke County Board of Supervisors shall in accordance with Section 15.1-238(E) of the 1950 Code of Virginia, as amended, be vested with those powers granted to the Commonwealth Transportation Commissioner pursuant to Section 33.1-119 through 33.1-129, both inclusive, in order to enter upon and take the condemned property prior to or during the condemnation proceeding so that the construction and maintenance of the water transmission lines as described above may be commenced immediately the Board of Supervisors shall perform the duties and functions required of the Commonwealth Transportation Commissioner in such statutes. 3 11. That notice of this condemnation setting forth the compensation offered shall be sent by certified mail to the landowners as described above on or before December 23, 1996. 12. That the law firm of Martin, Hopkins & Lemon, P.C. shall be the duly authorized agent and attorney for the County for the purpose of instituting condemnation proceedings and the handling of the acquisition of these properties for the County. On motion of Supervisor Johnson to adopt the Resolution and delete condemnation proceedings against Raymond C. Weeks and Debora Weeks, and carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None A COPY TESTE: Mary H. Allen, Clerk Roanoke County Board of Supervisors cc: File Paul M. Mahoney, County Attorney William B. Hopkins, Jr., Counsel for Roanoke County (Certified copy) Gary Robertson, Director, Utility John W. Birckhead, Director, Real Estate Assessment 4 PROPERTY OF GERALD ~ ~ LINDA G. HOL T TAX N0. 44.04-02-58 D.B. 746, PG. 355 Hp~SE ~ `~ PAVED DRIVE PROPERTY OF ANNIE L W1R D.B. 458, PG 55 W.B. 60, PG. 59 OLD PINS FOUND ;~ ROAD GRAVEI. LEGEND '~ PROPERTY UNE ® NEW WATER UNE ESM'T. --~E- FENCE cd POWER POLE ~( WA7FR ME7FR PROPERTY OF LEONARD D. WRlGHT T TAX ND. 44.04-02-50.1 D.B. 1278, PG. 1600 I I 11E ONLY 71E ONL Y ~N 8455'19` E __ S 1251'03" E B.7'fiEurnc.,~~ J0.7'f NEW 25' WATERLINE -~ NEW 1 D' TEINPORARY ~` EA5~71/E~VT ~ '~ CONSTRUCnDN EAS~/DVT 7,152 SQ. FT. BOUNDED BY CORNERS 1 THRU 5 TO 1 ~o~SE PROPERTY OF y m MICHAEL ~ & FAME H. MARTIN rn TAX N0. 44.04-02-49.1 y "~ D.3 604, PG. 518 -=--! PROPERTY OF ~ RALPH & MAGGIE G. HENSLEY TAX N0. 44.04-02-48 D.B. 955, PG. 393 NEW 25' WA fERUNE EASEMENT LINE D/RECT]ON DISTANCE 1-Z N 845519 E 196.00 2-3 N 8917226 E 143.47 3-4 S 125103 E 25.55 4-5 S 89'0226 W 341.96 5-1 N 124222 W 11.16 AREA = 7152 S0. FT. N07ES• 1. TH/S PLAT WAS PREPARED WITHOUT BENEf7T OF A TITLE REPORT AND IS SUBJECT THERETO. THEREFORE, THERE MAY EXIST ENCUMBRANCES WHICH AFFECT INE PROPERTY NOT SHOWN HEREON. 2. METES AND BOUNDS DESCRIPTIONS SHOWN HEREON REPRESENT A COMPOSIIF OF DEEDS, PLATS, CALCULATED INFORMATION AND FIELD , TIES TO PROPERTY BOUNDARIES TO LOCATE 1NE POSITION OF THE ~ EASEMENT IN RELATION 7i7 THE BOUNDARIES THIS SURVEY DOES NOT REFLECT A COMPLETE AND P.CCURATE BCUN~fi,°, Y SJ,°, NEY OF THE SUBJECT PROPERTIES. EASEMENT PLAT FOR COUNTY OF ROANOKE SHOWING A NEW 25' WAIFRUNE EASEMENT AND A NEW 10' TEMPORARY CONSTRUC710N EASEMENT BEING CONVEYED BY MICHAEL C. & FA YE H. MAR 11N CATAWBA MAGISIFRIAL DISTRICT - ROANOKE COUNTY, VIRGINIA THOF` ^~' /~~-" ~K 8. CALDWELL, III 9 No. 1335 B o~ ~ ~ st7tz~';°i TAX 0. 44.04-02-49.1 SCALE: 1 "= 50 T. P. PARKER & SON N.B. DRAWN JJB TPP~S 818 Boutevnrd DATE: OCTOBER 7, 1996 • ENGINEERS ~ C,4LC. CHK'D DAP SURVEYORS Post, orrice soz 3a p_ 46207 CLOSED: JJB PLANNERS SnlOm~ Virginia 24153 w 0 : 82_1078 A ACTION NO. ITEM NO. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: DECEMBER 17, 1996 AGENDA ITEM: RESOLUTION PURSUANT TO SECTION 15.1-238(E) OF THE CODE OF VIRGINIA, 1950, AS AMENDED, AUTHORIZING THE ACQUISITION OF AN EASEMENT THROUGH SEPARATE PARCELS OF LAND OWNED BY MICHAEL C. MARTIN AND FAYE H. MARTIN AND RAYMOND C. WEEKS AND DEBORA Q. WEEKS FOR THE WATER TRANSMISSION LINE PROJECT COUNTY ADMINISTRATOR'S COMMENTS: As part of the Water Transmission Line Project, a number of properties have been previously acquired. The County has been unable to reach an agreement with the following landowners: Michael C . Martin and Faye H . Martin and Raymond C . Weeks and Debora Q . Weeks. The subject properties are necessary for the Water Transmission Line Project in order to construct water transmission lines from the Roanoke County Water Treatment Plant to various parts of the County. These parcels of land are owned by the persons described above and are more particularly described as follows: (a) OWNER: Michael C. Martin and Faye H. Martin PROPERTY DESCRIPTION: Parcel of land located on Tyler Road, Salem, Virginia (Roanoke County Tax Map No. 44.04-2-49.1) ~ attached plat identified as "EXHIBIT A" showing water easement and temporary construction easement to be acquired from Michael C. Martin and Faye H. Martin. In an effort to reach a settlement with Michael C. Martin and Faye H. Martin, a written offer of $957.00 was extended to Mr. and Mrs. Martin which was based on an appraisal by Earl G. e - ..~ Robertson as described below. Mrs. Martin is willing to accept this offer, unfortunately, the parties are going through a divorce and Mr. Martin will not respond to the offer. Accordingly, it is necessary at this time to go forward with eminent domain proceedings and to gain immediate right of entry for commencement of Project construction as previously directed by the Board. The County obtained an independent appraisal of the estimated fair market value and damages to the residue for the proposed acquisition of the Michael C. Martin and Faye H. Martin property from Earl G. Robertson, MAI, SRA, of Commonwealth Appraisal Company. Mr. Robertson determined that the estimated market value and damages to the residue of the proposed acquisition is $957.00. The proposed permanent easement is twenty five feet wide. The total easement area is 7,152 square feet. The temporary construction easement is a ten foot wide easement adjacent to the permanent easement. The total area in the temporary construction easement is calculated to be approximately 3,480 square feet. Mr. Robertson valued the permanent easement at $870.00; the value of the temporary construction easement at $87.00; and found no damages to the residue. The total estimated value of the taking, therefore, is $957.00. (b) OWNER: Raymond C. Weeks and Debora Q. Weeks PROPERTY DESCRIPTION: Parcel of land located at 2748 Creekside Drive, Roanoke County, Virginia (Roanoke County Tax Map No. 55.04-1-58) ~ attached plat identified as "EXHIBIT B" showing water easement and temporary construction easement to be acquired from Mr. and Mrs. Weeks. The County made a written offer of $857.00 to Mr. and Mrs. Weeks. Mr. and Mrs. Weeks declined this offer because they do not want the water transmission line running through their property. As with the Michael C. Martin and Faye H. Martin property, it is necessary to institute eminent domain proceedings and to gain immediate right of entry for commencement of Project construction. The County obtained an independent appraisal of the Weeks property from Earl G. Robertson. Mr. Robertson determined that the estimated market value and damages to the residue of the proposed acquisition is $857.00. The proposed permanent easement is twenty feet wide. The total easement area is 21,632 square feet. The temporary construction easement is ten feet wide and is located adjacent to the permanent easement. The total land area in the temporary construction easement is calculated to be 10,600 square feet. Mr. Robertson determined the value of the permanent easement to be $779.00; the value of the temporary construction easement to be $78.00; and found no damages to the residue. The total estimated value of the taking, therefore, is $857.00. 2 Funds are available from the Water Transmission Line Project to pay the appraised value of the interest in these properties. ALTERNATIVES' 1. Adopt a resolution authorizing the acquisition of and immediate right of entry to the subject properties identified above by eminent domain proceedings. 2. Solicit a counter-offer from Mr. and Mrs. Martin and a counter-offer from Mr. and Mrs. Weeks. Counsel recommends that the Board adopt a resolution pursuant to Section 15.1-238(E) of the Code of Virginia, 1950, as amended, and authorize the County Administrator, the County Attorney and Martin, Hopkins and Lemon, P.C. to take such steps as may be necessary to acquire the property, together with all rights incident thereto, by eminent domain proceedings. Submitted by William B. Hopki Jr. Counsel for Roanoke Cou Approved ( ) Denied ( ) Received ( ) Referred ( ) To ( ) Motion by: No Yes Abs Eddy _ _ _ Harrison _ _ _ Johnson _ _ _ Minnix _ _ _ Nickens 3 Q h~p • Qy2 a~ S2 W v ~ PROPERTY OF GERALD S~ ~ ~ LINDA ~ HOL T ~, TAX N0. 44.04-02-58 ~ D.B. 74a PG. 355 PROPERTY 01~ ANN/E L WlR HOl7~ ~ X D.B. 458, PO 55 I W.B. 60, PG. 59 p p ~0 o DR ~ OLD PINS g , ppyEp DRIVE X FOUND ~ ~ LLD PIN _"c PR=_ ROAD Cl11 ~AIr1 / G _ `_°'~ RA~L~~ LEGEND ~ PROPERTY UNE ', ® NEW WATER UNE ESM'T. ~! -*- FENCE ', cd POWER POLE ~C WA1ER METER PROPERTY OF T LEANARD D. WR/GHT TAX N0. 44.04-02-50.1 D.B. 1278, PG. 1600 I I TIE ONLY TIE ONL Y N 8455'19' E 8.7'f ~ S 1251'03' E ~HEDS~ 10.7'f o ~ ------f------- NEW 25' WATERLINE ~ NEW f0' TDIIPORARY -y EASn1lENT ~ '~ coNSrnucnav ~~uavr o ~ 7,152 SO. FT. BOUNDED BY CORNERS 1 'HRU 5 TO 1 NO~S~ PROPERTY OF y ~ ~ A~fICHAEL ~ & FAYE H. MARAN o rn~ TAX Np 44.04-02-49.1 y~'^ D.B. 604, PG. 518 PROPERTY OF a RALPH ~ MAGGJE G HENSLEY TAX N0. 44.04-02-48 D.B. 955, PC 393 NEW 25' WATERLINE EASEA/EMT LINE DIRECTION DISTANCE 1-2 N 845519 E 196.00 2-3 N 8917226 E 143.47 3-4 S 12'5103 E 25.55 4-5 S 89'0226 W 341.96 5-1 N 124222 W 11.16 AREA = 7152 S0. FT. N07FS• 1. 1HIS PLAT WAS PREPARED Wl1HOUT BENEFIT OF A TITLE REPORT AND IS S,TH OF SUBJECT THERETO. 1HEREF0RE, ]HERE MAY EXIST ENCUMBRANCES WHICH ~,~' Yr AFFECT THE PROPERTY NOT SHOWN HEREON. o~ 'Q 2. METES AND BOUNDS DESCRIPTIONS SHOWN HEREON REPRESENT A ~~~~~N_~ COMPOSITE OF DEEDS, PLATS, CALCULATED /NFOVtMATION AND FIEL'U o 1)ES TO PROPERTY BOUNDARIES TO LOCAIF 1NE POSl1lON OF THE U ANK B. CALDWELL, III 9 EASEMENT /N RELA110N 1i~ 1HE BOUNDAR/EB IRIS SURVEY DOES No. 1335 NOT .REFLECT A COMPLETE AND ACCURATE BOUND vDV C~/ D~T~/ OF THE SUBJECT PROPER]IES. B ~~ ~° EASEMENT PLAT FOR ~ sv~°R COUNTY OF RDANOKE SHOWING A NEW 25' WATERLINE EASEMENT AND A NEW 10' 1EMP0RARY CONSTRUCTION EASEMENT BEING CONVEYED BY MICHAEL C. & FA YE H. MAR 11N CATAWBA MAGISTERIAL DISTRICT ROANOKE COUNTY, V/RG/N/A TAX N0. 44.04-02-49.1 SCALE: 1"= 50" N.B. DRAWN T. P. PARKER & SON JJB TPP&S OCTOBER 7, 1996 ENGINEERS 818 BOUlevard DATE:- CALC. CHK~D DAP SURVEYORS Poai otllce Hoz 39 p_ 46207 CLOSED: JJB PLANNERS SaiGm, Virginia 24153 W O•: 92-1078 ~-3 ~, ~ ~Bkr ~~~~~lr ~ ~ `~ \ \ , v,,- ~i ~~ ~• \\ ~ _ .H~ ~ G r L o ~~ ~' ~, ~ ~ ~ ro I ~~ aNa F ~IU ~ o III ~~ ~Rii 8~i+ ng m t ~ I I~~ ~~~2 a ~' / v. n ~~ a N 2 *~i ~ 4,N, L ~ ~~ I ~ ~ ~^~ $ " m I ~2 ~ ~ I ~~00 ~" o ~ N, Z II gi~m p ~~ 2 ~ m I a ,,, p $y 2 tr ~ n ~ y~ a ~~"i, ~i F ~(' C ~o ~{ a ., ~ ac cn ~° o ~ ',~5~ ~@c b' C ~ I 2p N$6~n H v,m~ N~ O~ y I ~; o w~ p n gipp' ~ ~ ai Z ~ ~ ~ I I ~a 2 H~r A ~ N 6 ~ ,~ ~ ~ IP i y ~~O ~ N alA I ~ ~~~ ., oo ^ '0 ~ I o ~ J, ~ ^~ I ~ ~ 2 m ~~ ~I ` I I T a m i `~ ~ I o I I n I O ~n W ~ r . s ~~~~5$ ~"~S N ~ J T ~ ~ ~„p ~G O :tea ~ \ y 2 ~IwB~~XTo° o m ~ °a~~4a ~~ 6~P~;oo2, \~ ~fi~~~i N C`p vOT~o 'r* O "~~"~ ~ n O~~ 6 ~ 9~~ ~~V~ d~"~ ~ ~ ~ ~ coax,, '~. ° ti~ °}~ n~ ~ ~ ~ ~C i0~ o. o z F% ti(yg ~ ~ ~ F' ~ ~~ X08 ~ c~ k~;~~ rr C ~j~ ~~ ~N m ~O gg'qt ~ Vl, t~,t+ x£~~o A ~v,~ ~HH~YI 0 ~ v ~~~~~ n~ j~ • " y~. 7 v r^$RR ,n >:'[ o EXHIBIT 1 B J " AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANORE COUNTY, VIRGINIA, HELD AT THE ROANORE COUNTY ADMINISTRATION CENTER, TUESDAY, DECEMBER 17, 1996 RESOLUTION PURSUANT TO SECTION 15.1-238(E) OF THE CODE OF VIRGINIA, 1950, AS AMENDED, AUTHORIZING THE ACQUISITION OF AN EASEMENT THROUGH SEPARATE PARCELS OF LAND OWNED BY MICHAEL C. MARTIN AND FAYE H. MARTIN AND RAYMOND C. WEEKS AND DEBORA Q. WEEKS FOR THE WATER TRANSMISSION LINE PROJECT Following a public hearing of the Board of Supervisors of Roanoke County on Tuesday, December 17, 1996, at 7:00 p.m., after due notice to the public, this Board makes the following findings of fact and adopted the following resolution: BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the Water Transmission Line Project has been approved to provide a source of water for the citizens of Roanoke County. 2. That the project is necessary for the general health, safety and welfare of the public, and specifically will provide a long-term water source in Roanoke County. 3. That acquisition of an interest in certain parcels of land, described below, is necessary for construction of water transmission lines from the Roanoke County Water Treatment Plant to southwest Roanoke County. 4. In order to complete this Project, the County needs to acquire an interest in the properties described below: (a) OWNER: Michael C. Martin and Faye H. Martin PROPERTY DESCRIPTION: Parcel of land located on Tyler Road, Salem, Virginia (Roanoke County Tax Map No. 44.04- 2-49.1) See attached plat identified as "EXHIBIT A" showing water easement and temporary construction easement to be acquired from Michael C. Martin and Faye H. Martin. (b) OWNER: Raymond C. Weeks and Debora Q. Weeks PROPERTY DESCRIPTION: Parcel of land located at 2748 Creekside Drive, Roanoke County, Virginia (Roanoke County Tax Map No. 55.04-1-58) See attached plat identified as "EXHIBIT B" showing water easement and temporary construction easement to be acquired from the land owned by Raymond C. Weeks and Debora Q. Weeks. 5. That the fair market value of the interest in the property to be taken and damages to the residue of such property, if any, is as follows: PROPERTY OWNER FAIR MARKET VALUE AND DAMAGES, IF ANY Michael C. Martin and Faye H. Martin $ 957.00 Raymond C. Weeks and Debora Q. Weeks $ 857.00 6. That each of the landowners have been offered the amounts listed in paragraph 5 above for an interest in their property and that each offer was refused by the landowners. Therefore, the only 2 r '~i feasible way of acquiring the land described above is by condemnation. 7. That it is necessary for the Cflunty to immediately enter upon and take possession of the properties described above and commence construction of such water transmission lines and any other appurtenances to the water supply system in order to more adequately serve the needs of the citizens of Roanoke County and to institute and conduct appropriate condemnation proceedings as to the above-described property as provided by law and by this resolution the County hereby states its intent to do so. 8. That pursuant to the provisions of Section 15.1-238(E) of the Code of Virginia, 1950, as amended, the Board finds that it is necessary to be vested with those powers granted the Commonwealth Transportation Commissioner pursuant to Sections 33.1-119 through 33.1-129, both inclusive, in order to enter upon the property to be condemned prior to or during the condemnation proceeding for the construction of water transmission lines and any other appurtenances to the water supply system as described above. 9. That the Roanoke County Board of Supervisors hereby condemn the interest in the properties shown on the Exhibits attached hereto and made a part of this resolution and authorizes the County Administrator and the County Attorney to sign all papers and documents necessary to this end on behalf of the County. 10. That the Roanoke County Board of Supervisors shall in accordance with Section 15.1-238(E) of the 1950 Code of Virginia, as amended, be vested with those powers granted to the Commonwealth 3 Transportation Commissioner pursuant to Section 33.1-119 through 33.1-129, both inclusive, in order to enter upon and take the condemned property prior to or during the condemnation proceeding so that the construction and maintenance of the water transmission lines as described above may be commenced immediately the Board of Supervisors shall perform the duties and functions required of the Commonwealth Transportation Commissioner in such statutes. 11. That notice of this condemnation setting forth the compensation offered shall be sent by certified mail to the landowners as described above on or before December 23, 1996. 12. That the law firm of Martin, Hopkins & Lemon, P.C. shall be the duly authorized agent and attorney for the County for the purpose of instituting condemnation proceedings and the handling of the acquisition of these properties for the County. 4 ~' A-121796-12.b ACTION # ITEM NUMBER ~ ~ GZ ~~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: December 17, 1996 AGENDA ITEM: ORDINANCE AMENDING AND REENACTING PORTIONS OF CHAPTER 5, ANIMALS AND FOWL, OF THE ROANOKE COUNTY CODE TO CLARIFY THE AUTHORITY OF COMMUNITY SERVICE OFFICERS OF THE ROANOKE COUNTY POLICE DEPARTMENT TO ENFORCE THE COUNTY'S ANIMAL CONTROL ORDINANCES, AND TO INCREASE THE FEES FOR BOARDING AND PICKUP OF ANIMALS AND TO AUTHORIZE THE COUNTY ADMINISTRATOR TO EXECUTE A CONTRACT WITH THE ROANOKE VALLEY SPCA FOR THE IMPOUNDMENT OF ANIMALS. COUNTY ADMINISTRATOR'S COMMENTS: BACKGROUND: The animal control ordinance of Roanoke County, Chapter 5 of the Roanoke County Code, predates the establishment of the Roanoke County Police Department in 1990. With the recent transfer of responsibility for enforcement of all animal control laws to the Community Service Officers within the Police Department, the Counts animal control ordinance needs to be revised to conform to the current administrative structure. The recent renegotiation of the Counts contract with the Roanoke Valley SPCA for boarding of impounded animals necessitates a revision of the boarding fee charged to owners who claim their animals. Current costs of personnel and equipment involved in animal control operations justifies an increase in the pickup fee for impounded animals which was first established in 1971. Other revisions in state law also require updating of the Counts animal control ordinance. SUMMARY OF INFORMATION: The major substantive changes to the County's animal control ordinance are as follows: 1. Creates the positions of Community Service Officer within the Roanoke County Police Department, confers full law enforcement powers on these officers who are appointed by the Chief of Police and designates them the County's animal wardens for purposes of state law. 2. Substitutes "Community Service Officer" for "animal control officer" throughout Chapter 5 of the Roanoke County Code so as to confer the same duties and responsibilities upon these officers as formerly exercised by the County's animal control officers. 3. Clarifies the obligation of officers to make "reasonable efforts" to contact the owner of a dog or cat possessing an identifying tag or tattoo within 48 hours in conformity with state law. Further clarifies the length of time impounded animals must be confined before they may be delivered for adoption or disposed of. 4. Increases the daily boarding fee to $7.75 and the pickup fees to $20.00, $35.00 and $50.00 for first, second and third offenses, respectively and permits such fees to be recovered as a debt owed to the County. It had been stafYs recommendation at the first reading of the ordinance on December 3, 1996, to repeal Sec. 5-69. Vaccination clinics. However, it was the consensus of the Board that this section be left in the Ordinance. The County also needs to amend its contract with the SPCA to reflect the daily boarding fee paid by the County for all impounded animals from $6.00 to $7.75 per day (the amount being charged since September 1, 1996) and also to reflect the revised period that the impounded animal will be held (five days instead of seven days unless the animal has an identifying collar, tag, license or tattoo). The changes to the contract would be effective immediately. FISCAL IMPACT: The County may save as much as $3,600 per year in boarding costs with the SPCA by the change from 7 t o 5 days as the required minimum time for confining animals whose owner cannot be identified. Funds were included in the 1996-97 Budget to cover the daily cost increase from the $6.00 to the $7.75 rate. 2 ~~Q~b STAFF RECOMMENDATION: Staff recommends the following action: (1) Adopt the proposed amendments to the County Code; (2) Authorize the County Administrator to execute the revised contract with the Roanoke Valley SPCA. Respectfully submitted, Joh B. bbenshain S or Assistant County Attorney ------------- -------------------------- ACTION --------------- ---------- VOTE Approved (x) Motion by: Bob L. Johnson to No Yes Abs Denied ( ) approve ordinance with add itionEddy ~ Received ( ) of "electronic implant" on Harrison .~. Referred ( ) p~gP st of the nrdinance Johnson ~_ To ( ) Minnix ~_ Nickens ~C_ Cc: SEE DISTR IBUTION ON ORDINANCE ------------- -------------------------- ACTION --------------- ---------- VOTE Approved (x) Motion by: Bob L. Johnson to No Yes Abs Denied ( ) ,aapnY'n~~° contract with SPCA Eddy ~ Received ( ) Harrison ~_ Referred ( ) Johnson _X- To ( ) Minnix ~ Nickens ~ cc: File Joseph B. Obenshain, Sr. Assistant County Attorney John H. Cease, Chief of Police Diane D. Hyatt, Director, Finance John M. Chambliss, Jr., Assistant Administrator SPCA 3 AT A REGIILAR MEETING OF THE BOARD OF SUPERVISORS OF ROANORE COUNTY, VIRGINIA, HELD AT THE ROANORE COUNTY ADMINISTRATION CENTER ON TIIESDAY, DECEMBER 17, 1996 ORDINANCE 121796-12.a AMENDING AND REENACTING PORTIONS OF CHAPTER 5, ANIMALS AND FOWL OF THE ROANORE COUNTY CODE TO CLARIFY THE AUTHORITY OF COMMUNITY SERVICE OFFICERS OF THE ROANORE COUNTY POLICE DEPARTMENT TO ENFORCE THE COUNTY'S ANIMAL CONTROL ORDINANCES, AND TO INCREASE THE FEES FOR BOARDING AND PICKUP OF ANIMALS. WHEREAS, the animal control ordinance of Roanoke County was passed prior to the creation of the Roanoke County Police Department and the creation of the position of Community Service Officer within that Department; and WHEREAS, the need exists to clarify the duties and responsibilities of the County's Community Service Officers to enforce the provisions of the County's animal control ordinance contained in Chapter 5 of the Roanoke County Code; and WHEREAS, the County's new contract with the Roanoke Valley SPCA includes an increase in the daily boarding rate for any domestic animal to $7.75 and the current pickup fee for confined animals no longer covers a reasonable portion of the County's cost involved in impounding such animals; and WHEREAS, the first reading of this ordinance was held on December 3, 1996, and the second reading and public hearing for this ordinance was held on December 17, 1996. BE IT ORDAINED by the Board of Supervisors of the County of Roanoke, Virginia, as follows. 1. That Chapter 5, ANIMALS AND FOWL of the Roanoke County Code be amended and reenacted as follows: J CHAPTER 5 ANIMALS AND FOWL* ARTICLE I. IN GENERAL Sec. 5-1. Animal control officer generally. (a) There is hereby created the position of ~mmur ??v~~± for the county. Such Y ....................................~......... officers shall be appointed by the ~3~~~?~i~~i~ county . , 2 • , • , v, ...v a~..v va~.av~ iaa a i.av LvvJ1 ../, lJCa a,G 4Z4, 6.11Gi1VG rlll {..11 • • ' • • , / ~ • • • , (-3~) Beginning at a point on Ruritan Road (Virginia Secondary Route 609) at its intersection with the lot line of Lot 11, Block 8, of La Bellevue Subdivision, thence S 85° 19' 30" W 910.35 feet to a point; thence N 58° 11' 44" W 400.30 feet to a point; thence N 12° 22' W along the northwest right-of-way of Virginia Secondary Route 609 to a point; thence N 59° 40' W 118.76 feet to a point; thence S 44° 32' W 1007.22 feet to a point; thence S 34° 45' E 358.82 feet to a point; thence S 46° 32' W 487.47 feet to a point; thence N 33° 37' W 1307.70 feet to a point; thence N il° 59' 20" E 1219.37 feet to a point; thence along the northerly property boundary of Lot 1, Block 1 of La Bellevue to a point on the north lot line of Lot 2, Block 1 of La Bellevue; thence N 52° 46' 42" E 1511.15 feet to a point; thence N 9° 34' 24" E 70.62 feet to a point; thence N 38° 44' S4" E 201.40 feet to a point; thence N 56° 16' S7" W 166.75 feet to a point; thence N 18° 45' E 173.25 feet to a point; thence N 40° 38' 12" for a distance of 91.14 feet to a point; thence N 32° 33' 47" W 207.99 feet to a point; thence S 71° 50' for a distance of 100 feet to a point; thence N 33° 42' 38" W 463.79 feet to a point; thence N 52° 46' 42" E 920.0 feet to a point; thence S 58° 50' 40" E 442.76 feet to a point; thence S 58° 15' E for a distance of 1091.51 feet to a point; thence S 58° 15' E 629.46 feet to a point; thence S 30° 32' 09" W 1665.36 feet to a point; thence S 19° 51' 40" W 321.80 feet to a point; thence S 3 41° 32' E 300.08 feet to a point; thence S 41° 45' 30" W 199.61 feet to a point; thence across the right-of- way of Raritan Road (Virginia Secondary Route 609) to the point of beginning and containing Blocks 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 20 and 21 of the La Bellevue Subdivision. (b) Suitable markers approved by the county administrator may be erected on the roads entering the sanctuaries described in subsection (a) above, indicating that the areas have been so set aside and declared. (Code 1971, § 5-1; Ord. No. 2664, 9-9-80) ARTICLE II. DOGS, CATS AND OTHER ANIMALS DIVISION 1. GENERALLY Sec. 5-23. Dogs and cats deemed personal property; rights relating thereto. (a) All dogs and cats in this county shall be deemed personal property and may be the subject of larceny and malicious or unlawful trespass and the owners thereof may maintain any action for the killing of any such dogs or cats, or injury thereto, or unlawful detention or use thereof, as in the case of other personal property. The owner of any dog or cat which is injured or killed contrary to the provisions of this article by any person shall be entitled to recover the value thereof or the damage done thereto in an appropriate action at law from such person. (Code 1971, § 5-6; Ord. No. 41294-7, § 1, 4-12-94) 4 Sec. 5-26.1. Dangerous dogs; vicious dog; penalties; procedures. (a) Dangerous dog. It shall be unlawful and a Class 1 misdemeanor to own, keep, harbor, act as custodian of or permit to remain on or about any premises any dog that the owner knew or reasonably should have known to be a dangerous dog, as defined by section 5-21, except in strict compliance with section 5-26.3 of this Code. If after hearing evidence, the court finds any dog to be a dangerous dog, the court shall, in addition to any other penalties imposed, order the dog's owner to comply with the provisions of section 5-26.3. If any owner knew or reasonably should have known any dog to be a dangerous dog and such dog thereafter causes a wound to any person, such owner shall be guilty of a Class 1 misdemeanor. (b) Vicious dog. It shall be unlawful and a Class 1 misdemeanor to own, keep, harbor, act as custodian of or permit to remain on or about any premises any dog that the owner knew or reasonably should have known to be a vicious dog, as defined by section 5-21. If, after hearing evidence, the court finds any dog to be a vicious dog, the court shall, in addition to any other enalties im osed order ;:.;:.::>±::; :>:>::>::>: >:;<:;:<:<:>.:;~.>;::;;:;:::»::..,.:..;..;:.<>;;;<.;:;.:;.: P P the ~Y<>~~*'v~~<;~7!; ' to euthanize~the dog. If any owner knew or reasonably should have known any dog to be a vicious dog and such dog thereafter causes a wound to any person, such owner shall be guilty of a Class 1 misdemeanor. (c) Procedures. When a warrant has been obtained or a summons issued pursuant to this section, the Cci~n~u~x~e;3 Q~ and/or police officer may, in his discretion, confine the dog until such time as evidence shall be heard and a verdict rendered. The court may, through its contempt power, compel the owner of any dog to produce it for the :::~1;~::<~~~"~'.;;::.;;~~,±C,. ~` and/or police officer. In the event any dog is found to be a dangerous dog or vicious dog, the owner of such dog shall be responsible for payment to the county of any expenses of impounding and keeping the dog pending disposition of the case at the rate prescribed by the county board of supervisors. (Ord. No. 72793-7, § 1, 7-27-93) Sec. 5-26.2. Licensure of dangerous dog. (a) The owner of any dog found by a court to be a dangerous dog shall, within ten (10) days of such finding, obtain a dangerous dog license from the treasurer by paying the fee required by section 5-41 of this Code. The treasurer shall provide the owner with a uniformly designed tag which identifies 5 the dog as a dangerous dog. The owner shall affix the tag to the dog's collar and ensure that the dog wears collar and tag at all times. All licenses issued pursuant to this section shall be renewed annually as required by section 5-41 of this Code. (b) No dangerous dog license shall be issued until the applicant has filed with the treasurer the insurance certificate required by section 5-26.3(c). The treasurer shall immediately forward »~ `.'?~ti such certificate to . ; :::;~;::;;;:..a :;.:.:.e::::>::.e ;, .:: ::~:.: ... the county's risk manager for review and filing. The risk mana er shall immediatel notif the : 4.;:.:;.:.:.;:.;:«<'`' :?':>>...,::,,,, +:;:.<.;.,;..:';; :.,. ,;;.;;;:;:.:,: of any noncompliance with the provisions of section 5-26.3(c) of which the risk manager becomes aware. (Ord. No. 72793-7, § 1, 7-27-93) Sec. 5-26.3. Reepinq dangerous dogs; conditions. It shall be unlawful for any owner of any dangerous dog to own, keep, or harbor any such dog within the county except in compliance with each of the following conditions and specifications: (a) Any dangerous dog shall be securely confined indoors or, if kept outdoors, shall be kept in a securely enclosed and locked pen or structure adequate to confine the dog and located upon the premises of the owner of the dog. Any such pen or structure shall have secure sides and a secure top and, if it has no bottom secured to the sides, the sides shall be imbedded into the ground no less than two (2) feet. Such pen or structures shall provide any such dog with adequate space and protection from the elements and shall be kept in a clean and sanitary condition. (b) The owner of any dangerous dog shall display two (2) signs on his property stating: "Dangerous Dog on Premises. " One sign shall be posted at the front of the property, and the second sign shall be posted at the rear of the property. Each sign shall be capable of being read from a distance of fifty (50) feet. (c) The owner of any dangerous dog shall procure and maintain public liability insurance in the amount of fifty thousand dollars ($50,000.00) insuring the owner for any injury or damage caused by such dog. The owner shall maintain a valid policy and certificate of insurance issued by the insurance carrier or agent as to the coverage required by this subsection at the premises where such dog is kept and shall, upon 6 request, display such policy and certificate to any police officer. (d) The owner of any dangerous dog shall have such dog permanently identified by means of a tatoo on an inside thigh, and the owner of any dangerous dog shall provide ..: the ~m~~~:~:>>e~;~ce>~~~e' with a color photograph of the dog taken within the last twelve (12) months, suitable for use in identifying the dog. (e) If any dangerous dog is taken off the property of its owner, such dog shall be muzzled and restrained by a substantial chain or leash not exceeding six (6) feet in length, and such dog shall at all times be kept under the control of a responsible person. Such muzzle shall be constructed in such a manner that it will prevent the dog from biting any person or animal, but such that it will not cause injury to the dog or interfere with its vision or respiration. ...................... (f) The owner of any dangerous dog shall notify the ?3 art :::::...::::::: .....:...:..:...:..::.:::.......:.:.....::..::........ such dog is coo ...:.......:..:..:..... . >~'' loose or missing; if such dog has attacked or wounded a human being or another animal; or if such dog has been sold, leased, given away, died, or custody has been transferred to another person for more than forty- eight (48) hours. If such dog has been sold, leased, given away, or custody has been so transferred, the owner shall provide the Pa<T~a~e airima~ with the name, address, and telephone number of the new owner, lessee, or custodian who shall be required to comply with the conditions of this section if the dog is kept within the county. If the owner of a dangerous dog moves such dog to a different address, such owner shall notify the ~'C3~` ~~ of such fact and the new address within twenty-four (24) hours. <.;::;.;:.; :.:..............:::::::::: t.:::::: ;.;:.;:.;..............:.:::::::: The Qm~:u~i;~t";>?~~t~~[ (g) :::..:.....:::...:...:......:.y.....:...... . and/or police officer shall be permitted the right to inspect the enclosure in which any dangerous dog is kept at any time. (h) In addition to the conditions and specifications established by this Section with respect to dangerous dogs, the owner of any dangerous dog shall meet all other requirements established by this article for keeping any dog. 7 i The ~ ~ ~;:.;::~ ~ ~° °:` :::::<:''`;::<:;:.:::~>:~ ">:;< ::::..::.: ::::: .>.::<,..,;<.;;:;;.; , .. . and/or police officer shall have the right to seize and impound the dog if any of the conditions and specifications established by this section for the keeping of a dangerous dog are not being met. (Ord. No. 72793-7, § 1, 7-27-93) Sec. 5-26.4. Violations. It shall be a Class 1 misdemeanor for the owner of any dog which has caused a wound to any person to conceal or cause to be concealed such do from an 4?ilti'iii::>'~~:<:.:.>,,,,,;~;»:<>>'':'` : <.:;....:::::: airima-~ or police officer. (Ord. No. 72793-7, § 1, 7-27-93) Sec. 5-27. Barking or howling dogs. The harboring or keeping of any dog which, by loud, frequent or habitual barking or howling or by any other conduct, shall cause annoyance and disturb the peace and quiet of any person or neighborhood shall be unlawful; and any such dog is hereby declared to be a public nuisance. Any such dog may, after reasonable notice has been iven b the ' > ' '"`~"'"' "' ' `~ "'''~"'°' ........................... g y ~n~[urn:>'<'~e~vice:::>r~f:f:~er ..............y...............................:..::::::::::::::::::::. ~.;:.;>;>;.; ~' ..~~~x e~fq~~~~te~~;: a~~~oe~ ~ to the owner of such dog, if known, or upon the complaint of any person, if such owner is unknown, be impounded and confined in the county animal shelter b the Qm~iua~'::>~~v>'t~f`<>.c;;`:': Y y' ::::::::::::::::::::::::::::::::::.::::: ~ ~.;:: o~f~rcer. The disposition of any such dog shall be in accordance with section 5-29. (Code 1971, § 5-10.2) Cross reference(s)--Noise generally, § 13-3. Sec. 5-29. Same--Impoundment. is whereabouts. and to notify the owner of 8 .......................................................................................... b Ado or cat ~~ti~~~tti~~~ ~~ii~ confined under ( ) g ......... this section ': ma be claimed b the ...:.......:..:...:...:...:..........:...:..:...:...:......:...:...:...:..:.......:...:.~ Y Y rightful owner after displaying proof of ownership, a current dog or cat license and proof of current rabies inoculation of the animal. No dog or cat shall be released to any person claiming ownership, unless such license and proof have been displayed. (c) An owner claiming his animal pursuant to subsection (b) above shall be required to pay the actual expense incurred by the county in keeping the animal confined. Such payment shall be made to the rrrrnnz~~,r„rw_-~n-~= a~~ officer at the time of the release of the animal. It shall be the duty of the znrimai~corr~~~~?i-f~' t~~c~r~~ officer to furnish the .................................. .................................. owner with a written receipt for such payment, in a form and manner approved by the board of supervisors. Such officer shall keep a carbon copy of all such receipts in a bound book, which shall be turned over to the county treasurer when the book is filled and shall be subject to audit by representatives of the board of supervisors whenever requested. ~1>«~ri~<«~r to this subsection shall funds collected pursuant . No payment made under this subsection shall relieve the owner from prosecution for violating section 5- 28. (e) A pickup fee of Gwent terc dollars ($~.~~6.00) for the 9 • , .y .............................. first offense, ~# to~rer-ty dollars ($x-9.00) for the second offense, and €€?3~ tirrrtp dollars ($09.00) for the third offense shall be imposed in addition to the normal board fee of ~~d~~<~~~>_;.>::.>:;:<:re~ a-rx dollars '~ ~: > ~9 er da whe .................:::.::.::.:»::>::>::::.. . ................ ::.;:.;:.:~;;:.;:.,.;;;;:::;;;;:.;:.................. ( $.::;;.*.;'~.~~'. ) P Y n any dog or cat ~~~~#~~#~ is claimed by its owner or custodian. Sec. 5-31. Killing, injuring, etc., livestock or poultry -- Generally. a It shall be the dut of t e `> ''"~ ` "' ~`~ Y ........................... Y ............:...::::::::::::::::::::::::::::::::::::::::::::::: or other officer, if he finds a dog in the act of killing, injuring, worrying or chasing livestock or poultry, to kill such dog forthwith, whether such dog bears a tag or not, and any person finding a dog committing any of the depredations mentioned in this section shall have the right to kill such dog on sight. (b) The general district court or any other court shall have the ower to order the .ter or other officer to kill any dog known to be a confirmed livestock or poultry killer, and any dog killing poultry for the third time shall be considered a confirmed poultry killer. c If an erson includin the idtu'n`'>''' ;;;><:>"':<'>'>><»'>`:::«<'`>'`":; ' has reason to believe that any dog is killing livestock or committing any of the depredations mentioned in this section, he shall apply to a magistrate of the county, who shall issue a warrant requiring the owner or custodian, if known, to appear before the judge of the general district court at the time and place named therein, at which time evidence shall be heard, and if it shall appear that such dog is a livestock killer or has committed any of the depredations mentioned in this section, the dog shall be ordered killed immediately, which the ~a~iaa;:':>`ae~ zce<~3ff iffier ....:.....:.:..:...:.::::::.:Y....::::::::::::::::::::.::::::::::::::::::.:::::::::::::::. ~ or other officer designated by the judge of the general district court to act, shall do. (Code 1971, § 5-7) State law reference(s)--Dogs killing, injuring, etc., other 10 (Code 1971, §§ 5-11, 5-26; Ord. No. 2135, 9-26-78; Ord. No. 52290-7, § 1, 5-22-90; Ord. No. 41294-7, § 1, 4-12-94) animals, Code of Virginia, §§ 3.1-796.116, 3.1-796.117. Sec. 5-32. Same--Investigation of claims against county. ( a) The t~m~[:` :er~±~<~:7~f~e ................:..:...:.Y........:...:...:......:...:..........:...:...:......:...:. shall conduct an investigation into any claim made pursuant to section 3.1-796.118 of the Code of Virginia for livestock or poultry killed or injured by a dog prior to the payment of such claim, to determine if the claimant has exhausted all legal remedies available to him against the owner of the dog, if known, prior to making such claim to the board of supervisors. (b) For the purposes of this section, "exhaustion " shall mean a judgment against the owner of the dog upon which an execution has been returned unsatisfied. (Code 1971, § 5-13.1) Sec. 5-33. Disposal of dead dogs. The owner of any dog which has died from disease or other cause shall forthwith cremate or bury the same. If, after notice, the owner fails to do so the :>b`>:;:.;:.,;.><;;;;;:; ;.:.;..;,y>:":`~€;;' ;;;:.:`>.>::: or other officer shall bury or cremate the dog and he may recover, on behalf of the county, from the owner his cos t for this s ervice. ~11<su~it~<e~iavei~d<undQ<ith:s:~s::;::s~~~~:ar~ (Code 1971, § 5-8) Cross reference(s)--County solid waste collectors not to pick up dead animals, § 20-27. Sec. 5-36. ""a;;:.;:.;:;. ;:.;: > ..::`_'::±~1 ~T 'e<0; :: < ;~;.;:;>;:;:;.;: !~:.:;:m~u'ut~~.;:.;~ :$.;;:~":.;:.;~ ::.::;.::;:.;:.;;~:~`;..: ex's , duties and responsibilities. .. . There is hereb created the ~~' y position of....t~ari;~rer~i ~ within the ; .;.,.;;:;:,,;::.;::::.,,.~>;:r~>;<'>>, ;;.<;;::: The om~t:..<::::<::~erv~~e Y .:::::::::::::::::::::::::::::. Ede` or his agent or any law enforcement officer shall have the following powers: (1) May enter upon private property to apprehend any domestic animal which is in violation of any provision of this chapter or to apprehend any animal which presents an immediate threat to the safety, health or welfare of any person, including an animal suspected of 11 being infected with rabies; (2) May enter upon private property to investigate complaints of inhumane or lack of responsible animal care; (3) May seize, impound or dispose of any vicious or dangerous animal of any kind when necessary for the protection of any person or animal; and (4) May perform all other acts necessary to carry out the requirements of this chapter. (Ord. No. 41294-7, § 1, 4-12-94) Secs. 5-37--5-40. Reserved. Division 2. License Sec. 5-49. Preservation and exhibition of license receipt. A dog or cat license receipt shall be carefully preserved by the person to whom it is issued and exhibited promptly on request for inspection by the ±on~t ;;;>~~v~>>f~ff~c~r y ......:..:..:.....:...:...:..:::::::::::::.:::::.::::::: officer or any other officer. (Code 1971, § 5-25; Ord. No. 41294-7, § 1, 4-12-94) Sec. 5-53. Records of licenses sold. A list of all dog or cat licenses and kennel licenses sold shall be made in triplicate, consecutively numbered, and showing to whom issued; residence address; magisterial district; tag number; year ending; day, month and year issued; and the signature of the county treasurer. The original copy shall be delivered to the dog or cat owner, the second copy shall be retained by the treasurer and the third copy shall be delivered to ~h~:;::;:;~mmun3t::::::>:~~rv3~e:;:::;:~:ff a~~e.:.:<:>:: : : :::::::::: ::>::::>:: < >::..::::::.::.; ; . .; . ....................:.::,:::::::::::::::::.y.::::.::::::::::::::::::::::::::::::::::::: ::::::~:.;;~n~,~..;:<ref.;:.;~hE:;.,~'a,~,~,~::>:<T3~.: a~-tmexa I~ ........................ (Code 1971, § 5-19; Ord. No. 41294-7, § 1, 4-12-94) Sec. 5-55. Special provisions as to kennel licenses. (a) The owner of a kennel shall securely fasten the license tag issued under this division to the kennel enclosure in full 12 view and keep one of the identification plates provided therewith attached to the collar of each dog authorized to be kept enclosed in the kennel. Any identification plates not so in use shall be kept by the owner or custodian and promptly shown to any ~?`~::~>~'`~`±~>>~ a±?ima~c or other officer upon request. A kennel dog shall not be permitted to stray beyond the limits of the enclosure, but this shall not prohibit removing dogs therefrom temporarily while under the control of the owner or custodian for the purpose of exercising, hunting, breeding, trial or show. A kennel shall not be operated in such manner as to defraud the county of the license tax applying to dogs which cannot be legally covered thereunder or to in any manner violate other provisions of this article. (b) If a kennel dog is found running and roaming at large at any time of the year in violation of any provision of this article, the kennel license may be revoked, if the violation appears to the trial court to have resulted from carelessness or negligence on the part of the owner, who shall thereupon be required to secure an individual license for each dog. (Code 1971, § 5-27) Secs. 5-56--5-65. Reserved. DIVISION 3. RABIES CONTROL* SeC. 5-67. V8CC1ri3t1OA Cert1f1C3te. At the time of vaccination of a dog or cat pursuant to section 5-66, a certificate shall be issued to the owner of the dog or cat, which certificate shall be properly executed and signed by e.:,.s~p~~~~~~ .<<~re~~r:~~'~a~. on tI3e... ~e~i~~e~ a or cat has certificate description name of the and shall certify that the dog been vaccinated as required by section 5-66. The shall show the date of vaccination, a brief of the dog or cat, and its sex and breed, and owner of the dog or cat. the (Code 1971, §§ 5-16, 5-30; Ord. No. 2135, 9-26-78; Ord. No. 51287-4, § 1, 5-12-87; Ord. No. 72688-11, § 1, 7-26-88) 13 w Sec. 5-68. Impoundment of unvaccinated dogs or cats. (a) Any dog or cat found in the county which is not vaccinated as required in division shall be impounded by the ....:::::::::.~.:::::::::::::::::::::::::::.:::::::::::::::::::::::::::::: ther of f iceri~i dayr. The dog or cat may be returned to its owner, upon proof of ownership, vaccination of the dog or cat, and payment of the cost of impounding the dog or cat. Such payment shall not relieve the owner from prosecution for violating section 5-66. Sec. 5-69. Vaccination clinics. The board of supervisors may provide for clinics for the vaccination of dogs and cats under the supervision of the .-t~?~~~~;.>~~~~~.~,~.::.E~~;~:.~.~~r and the health director and fix fees to be charged for services rendered at such clinics. (Code 1971, § 5-31; Ord. No. 51287-4, § 1, 5-12-87) 2. That this ordinance shall be in full force and effect on and after January 1, 1997. On motion of Supervisor Johnson to adopt the ordinance with the addition of "electronic implant" on page 8, and carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None A COPY TESTE: ,~ • C~-C-~.I~ Mary H. Allen, Clerk Roanoke County Board of Supervisors 14 (Code 1971, § 5-30; Ord. No. 2135, 9-26-78; Ord. No. 51287-4, § 1, 5-12-87; Ord. No. 72688-11, § 1, 7-26-88) Y . M cc: File 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, Cl~ Intake Counsellor Relations II, Judge Judge Judge Judge irk 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 Richard E. Burch, Jr., Chief of Fire & Rescue 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 SPCA - Cerfif ied copy 15 ~e~-~b AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANORE COIINTY, VIRGINIA, HELD AT THE ROANORE COUNTY ADMINISTRATION CENTER ON TUESDAY, DECEMBER 17, 1996 ORDINANCE AMENDING AND REENACTING PORTIONS OF CHAPTER 5, ANIMALS AND FOWL OF THE ROANORE COUNTY CODE TO CLARIFY THE AUTHORITY OF COMMUNITY SERVICE OFFICERS OF THE ROANORE COUNTY POLICE DEPARTMENT TO ENFORCE THE COUNTY'S ANIMAL CONTROL ORDINANCES, AND TO INCREASE THE FEES FOR BOARDING AND PICRUP OF ANIMALS. WHEREAS, the animal control ordinance of Roanoke County was passed prior to the creation of the Roanoke County Police Department and the creation of the position of Community Service Officer within that Department; and WHEREAS, the need exists to clarify the duties and responsibilities of the County's Community Service Officers to enforce the provisions of the County's animal control ordinance contained in Chapter 5 of the Roanoke County Code; and WHEREAS, the County's new contract with the Roanoke Valley SPCA includes an increase in the daily boarding rate for any domestic animal to $7.75 and the current pickup fee for confined animals no longer covers a reasonable portion of the County's cost involved in impounding such animals; and WHEREAS, the first reading of this ordinance was held on December 3, 1996, and the second reading and public hearing for this ordinance was held on December 17, 1996. BE IT ORDAINED by the Board of Supervisors of the County of Roanoke, Virginia, as follows. 1. That Chapter 5, ANIMALS AND FOWL of the Roanoke County Code be amended and reenacted as follows: ~ 1 ~ ~- b CHAPTER 5 ANIMALS AND FOWL* ARTICLE I. IN GENERAL Sec. 5-1. Animal control officer generally. .::......................::...... (a) There is hereby created the position of Cm~~?; '`sl~+~>q-~ e~~r~~~s-efTr~ for the couri~<:;,.:.<;::«:.:5uch Y officers shall be appointed by the ~k~e~ ~.f ~~i~.~~ eel .................................................................................................. (c) Such number of Qmmuna~y ~erva.ce : t~~€x:~~~s deruti ?G to tie--a~rim~a~-een~~ef-€-r~ as are autYorizecl :by ::the board of ,.. . supervisors t~`~ Abe appointed by the i~~~t~`i;~<<o~e d The ~~ur~:":ie~eiiit~ff`~:cers a~rim~-ee~i~e-~-e€fi-ee~ shall be deemed"~~o~ ~'b~e` tYe county i s' ~arimal warden, within the meaning of section ~'~9£~~Q~~ : ~ of the Code of Virginia. (Code 1971, § 5-4) Sec. 5-3. Wild bird sanctuaries--Established; markers. (a) The following area(s) in the county shall be set aside and declared wild bird sanctuaries: . ~ ~ }d ~k~ ~ fi -B l ~ ~ t ~ ~ ~ } i t ~ }'~ ~ ~ } s e e~es sued - €-B e ede-~ - ~- -~ d~ - -~~ ~~ r - ~ ~ ~ - i n~~'~k e e e~e ~ea~- -t~ e ea e ~ ~ ~ - s -° , ~ ~~ e~s ee e - ~ ~ ~ ~ F ~ ~ t e~e ~~~~ ~ ~ ~ e es ~ -~ ~ r e z ~r tee ~es- e rt ~ t~ ~ --~- y = t e c e a b e s -~W ~ ~ ti~ee ~ ~ o~~ - i ~ ~ ea~ zr~ e~s~e~-; ~e ~ - ~ - e ~es e e~-a~~ .a ~ r.T.... ~ es e~-i- e~~e-~t-~ h t re~c e~y-~T *R.,,a r t i 3 eS v~ n.... .7 . t h ~ ee re~ s a ~ a~~-~ e s - e ~~ e-rr ~ ~- e c ~- - e~~ } ~ ~ ~ y ~ ^ ~ ~?' ' e ' ~ ` S~ - y . a ,. } •.. ~ ~ T.T.-..~ ~ .~. v.v, ~ ~ C ~ CeZLtG ~T'- T ~~ T ' G ~ ~ ~ ' r~yc, a ,.~.' } C^rra~eC.y~, re ~ l ~ ••~ Z S e~ ~. i y ~ l 1 Wes~ e e ~~ ~ ~- .. ~-1, - - - Clre-GII~ ~ J~CCeTJ e'~ L+ ~. -, t h y ~.., n .., , ~ .. c o c . ~= a. ti, ~eREe-~iizrr- s ~ ~-re rrr oa. o-~a-~e-~6~~e ee t --~7~-~6- e~--Ot - -~~ n,....„a T~,-,.. vraz~xcc-l-~i-zcva ~a-~~ a z~~~~- u~sceFl~l~Trr 2 C~ ~ Q ~ ~~ ~ - €-W t ~ ~ #-1. }'' ~ ~ ~ ~ ; ~'' ~es -t-~ d~ -~ - ~re e e ~ -~ -R~ 4 1~= es e~ - -~ ee e~r e d~ ~r -fi - - ep t~ t~ ee w ~~ ~i i '-'' ~ , , ^ ~,~ ee o~- e ~ = ~ a ~ e~re r i~ ~e ~ ~'~ ~k ~~- r~e-e ~t ~ ~ ~~~ ~e ~ ~ =-e r ~ - -e e ~_ = - i -- e~ee- === r= e~e ~ - ~ ~ ~ e rtr~e~~e}~e ire ~- air eas __ee e ~ ~ d~~l ~B • ~ 3 '~4 1 ~~ r~ ~s ~~e~e~ S ~ ~ -a e oe ~ - - ~ ~t - ~eg~-z enee- ~ ,r t- ~ } i - -~~ - ~ li~l$t61~ s 6H 6~ei 3 ~ 1 ~ s afire ~3ei ei4eei~t ~ ea-3 ~ -rte t -~ - ~ ~ - ; t = - €- ~ ~ e~ree ;: # i e s e e~ ~i ~t~ i s a~e ea.s e r v_ ~ e e ~i ~ ~ i ~ hd~~ ~ e e - ~ es ~ ~e~~ ~ ~i ~re~ i~ P ~B ~4 s ~r s: Q ~QS- tr ~1 t~ - ~- eras ~ ~eee~ e r~ - ea ~- e~ree w- s~ e e ~ ~ ~ ~ ~ ~~ ~ ~ ~ ~ ~ „a '~ € '' . e-~tes e- t-hest== -- it-k e e- e es e res e - (13) Beginning at a point on Ruritan Road (Virginia ~~~~ Secondary Route 609) at its intersection with the lot line of Lot 11, Block 8, of La Bellevue Subdivision, thence S 85° 19' 30" W 910.35 feet to a point; thence N 58° 11' 44" W 400.30 feet to a point; thence N 12° 22' W along the northwest right-of-way of Virginia Secondary Route 609 to a point; thence N 59° 40' W 118.76 feet to a point; thence S 44° 32' W 1007.22 feet to a point; thence S 34° 45' E 358.82 feet to a point; thence S 46° 32' W 487.47 feet to a point; thence N 33° 37' W 1307.70 feet to a point; thence N 11° 59' 20" E 1219.37 feet to a point; thence along the northerly property boundary of Lot 1, Block 1 of La Bellevue to a point on the north lot line of Lot 2, Block 1 of La Bellevue; thence N 52° 46' 42" E 1511.15 feet to a point; thence N 9° 34' 24" E 70.62 feet to a point; thence N 38° 44' 54" E 201.40 feet to a point; thence N 56° 16' S7" W 166.75 feet to a point; thence N 18° 45' E 173.25 feet to a point; thence N 40° 38' 12" for a distance of 91.14 feet to a point; thence N 32° 33' 47" W 207.99 feet to a point; thence S 71° 50' for a distance of 100 feet to a point; thence N 33° 42' 38" W 463.79 feet to a point; thence N 52° 46' 42" E 920.0 feet to a point; thence S 58° 50' 40" E 442.76 feet to a point; thence S 58° 15' E for a distance of 1091.51 feet to a point; thence S 58° 15' E 629.46 feet to a point; thence S 30° 32' 09" W 1665.36 feet to a point; thence S 19° 51' 40" W 321.80 feet to a point; thence S ~ iQa~ 41° 32' E 300.08 feet to a point; thence S 41° 45' 30" W 199.61 feet to a point; thence across the right-of- way of Ruritan Road (Virginia Secondary Route 609) to the point of beginning and containing Blocks 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 20 and 21 of the La Bellevue Subdivision. (b) Suitable markers approved by the may be erected on the roads entering the subsection (a) above, indicating that the aside and declared. (Code 1971, § 5-1; Ord. No. 2664, 9-9-80) ARTICLE II. DOGB, CATS AND OTHER ANIMALS county administrator sanctuaries described in areas have been so set DIVISION 1. GENERALLY Sec. 5-23. Dogs and cats deemed personal property; rights relating thereto. (a) All dogs and cats in this county shall be deemed personal property and may be the subject of larceny and malicious or unlawful trespass and the owners thereof may maintain any action for the killing of any such dogs or cats, or injury thereto, or unlawful detention or use thereof, as in the case of other personal property. The owner of any dog or cat which is injured or killed contrary to the provisions of this article by any person shall be entitled to recover the value thereof or the damage done thereto in an appropriate action at law from such person. session of the (Code 1971, § 5-6; Ord. No. 41294-7, § 1, 4-12-94) 4 (~.... ,~Q. a Sec. 5-26.1. Dangerous dogs; vicious dog; penalties; procedures. (a) Dangerous doct. It shall be unlawful and a Class 1 misdemeanor to own, keep, harbor, act as custodian of or permit to remain on or about any premises any dog that the owner knew or reasonably should have known to be a dangerous dog, as defined by section 5-21, except in strict compliance with section 5-26.3 of this Code. If after hearing evidence, the court finds any dog to be a dangerous dog, the court shall, in addition to any other penalties imposed, order the dog's owner to comply with the provisions of section 5-26.3. If any owner knew or reasonably should have known any dog to be a dangerous dog and such dog thereafter causes a wound to any person, such owner shall be guilty of a Class 1 misdemeanor. (b) Vicious doa. It shall be unlawful and a Class 1 misdemeanor to own, keep, harbor, act as custodian of or permit to remain on or about any premises any dog that the owner knew or reasonably should have known to be a vicious dog, as defined by section 5-21. If, after hearing evidence, the court finds any dog to be a vicious dog, the court shall, in addition to any other penalties im osed, order the ~a~un~:~:..;<:~~.~x~e:::~:~a:~~~' P ........~ ...................................:........................ a~im~-eer~~i~e~e€€ree-~ to euthanize the clog: ~ t~f any ~owrier~~knew or reasonably should have known any dog to be a vicious dog and such dog thereafter causes a wound to any person, such owner shall be guilty of a Class 1 misdemeanor. (c) Procedures. When a warrant has been obtained or a summons issued pursuant to this section, the ~~t~air~t; <? t~~~; ~-i-~~esn-~~e3-~f~ree~ and/or police officer may, in his discretion, confine the dog until such time as evidence shall be heard and a verdict rendered. The court may, through its contempt power, compel the owner of any dog to produce it for the `": a~im~ee~~i~e~e~-free-r and or olice off~icer~:`~ ~~In ~the~~~~everit~~ ariy dog is found to be a dangerous dog or vicious dog, the owner of such dog shall be responsible for payment to the county of any expenses of impounding and keeping the dog pending disposition of the case at the rate prescribed by the county board of supervisors. (Ord. No. 72793-7, § 1, 7-27-93) Sec. 5-26.2. Licensure of dangerous dog. (a) The owner of any dog found by a court to be a dangerous dog shall, within ten (10) days of such finding, obtain a dangerous dog license from the treasurer by paying the fee required by section 5-41 of this Code. The treasurer shall provide the owner with a uniformly designed tag which identifies 5 (~C ~1 Cie. d-#j the dog as a dangerous dog. The owner shall affix the tag to the dog's collar and ensure that the dog wears collar and tag at all times. All licenses issued pursuant to this section shall be renewed annually as required by section 5-41 of this Code. (b) No dangerous dog license shall be issued until the applicant has filed with the treasurer the insurance certificate required by section 5-26.3(c). The treasurer shall immediately forward :::.:::~:.:;.>::;::;::~>:~>~<> ~~ ~~ such certificate to ~`:<>:.:<;.?:~:.::; ::::..:.......,;.::.<.>:>,:.>:::.:.:::::.:,:;::::>::<:>:<:::.::;<,:;;;;;.:.:;:;::::<; .... .............. y.:::::.: :::::. i.... }.:::......::.::...:::.....:......:.:...: ~•::..... the county~'~srisk manager for review and:.:::.f:ilrig.:.:.:: 'rhe: risk:`.':.::.:::'.:.:.:.:.:.~~~~ manager shall immediately notify the ;C~m~ti~xx~.~ .~~~"~t~.~~ ~~~i~ a~nta~-~e~-t~e~-e€€}ee~ of any noncompl~~arice""w~fi""tfi'e~~~'provs~ons of section 5-26.3(c) of which the risk manager becomes aware. (Ord. No. 72793-7, § 1, 7-27-93) Sec. 5-26.3. Reepinq dangerous dogs; conditions. It shall be unlawful for any owner of any dangerous dog to own, keep, or harbor any such dog within the county except in compliance with each of the following conditions and specifications: (a) Any dangerous dog shall be securely confined indoors or, if kept outdoors, shall be kept in a securely enclosed and locked pen or structure adequate to confine the dog and located upon the premises of the owner of the dog. Any such pen or structure shall have secure sides and a secure top and, if it has no bottom secured to the sides, the sides shall be imbedded into the ground no less than two (2) feet. Such pen or structures shall provide any such dog with adequate space and protection from the elements and shall be kept in a clean and sanitary condition. (b) The owner of any dangerous dog shall display two (2) signs on his property stating: "Dangerous Dog on Premises. " One sign shall be posted at the front of the property, and the second sign shall be posted at the rear of the property. Each sign shall be capable of being read from a distance of fifty (50) feet. (c) The owner of any dangerous dog shall procure and maintain public liability insurance in the amount of fifty thousand dollars ($50,000.00) insuring the owner for any injury or damage caused by such dog. The owner shall maintain a valid policy and certificate of insurance issued by the insurance carrier or agent as to the coverage required by this subsection at the premises where such dog is kept and shall, upon 6 ~~~~~ request, display such policy and certificate to any ~~~~;n~;~.::::'•~~i7~Ci~~;~:#:i.~.',~'~,:;:;:~1;:1;~, ~,~~~";:~r QTf~4fC~ICrGT-C1Tr ..Cti'r or ................................ po~::l:~e'.`..offcer: :::::........ ... (d) The owner of any dangerous dog shall have such dog permanently identified by means of a tatoo on an inside thigh, and the owner of any dangerous dog shall provide the t~<~~~v:~~~::i~~`~~~~r ~i-~~r--~-~~z-e~~i-ems with"~a`~`~co~~or~photograph ~ of the dog taken within the last twelve (12) months, suitable for use in identifying the dog. (e) If any dangerous dog is taken off the property of its owner, such dog shall be muzzled and restrained by a substantial chain or leash not exceeding six (6) feet in length, and such dog shall at all times be kept under the control of a responsible person. Such muzzle shall be constructed in such a manner that it will prevent the dog from biting any person or animal, but such that it will not cause injury to the dog or interfere with its vision or respiration. ...................... (f) The owner of any dangerous dog shall notify the fir? ..:................ such ": clog;>: s <::: as: ~a loose or missing; if such dog has attacked"•'~or"~~~~ ~ ~~ wounded a human being or another animal; or if such dog has been sold, leased, given away, died, or custody has been transferred to another person for more than forty- eight (48) hours. If such dog has been sold, leased, given away, or custody has been so transferred, the owner shall provide the ::1~t~~~3 °''er~ a-x-i~~ ~. i a ....... ,,.~-,..,..,.+. •~ _ _.r __ _______= with the name; ~ adc~~ress'•- and telephone number of the new owner, lessee, or custodian who shall be required to comply with the conditions of this section if the dog is kept within the county. If the owner of a dangerous dog moves such dog to a different address, such owner shall notify the ~?":t31~'e _: L~a7~Ger a~ix~~-ee~i~e-1 a =~ ~= }m =„ *~ . - of such fact anc ~fie•new•address within twenty-four (24) hours. The ~~mDtuTl::`~::<~ervice C1~~'3.~":?~~' uirizcsn=--cvrr~l~er-efTreer and/or~~~~'~pol~ce~~~~officer sha1~" be permitted the right to inspect the enclosure in which any dangerous dog is kept at any time. (h) In addition to the conditions and specifications established by this Section with respect to dangerous dogs, the owner of any dangerous dog shall meet all other requirements established by this article for keeping any dog. 7 :y;•a::<:'::::Y::.:i::;ia2;:Si:::i:: l ~'....TGT1~F+ and/~or~~~pol~ice officer ~~sh~all~~~~have the right to seize and impound the dog if any of the conditions and specifications established bjt this section for the keeping of a dangerous dog are not being met. (Ord. No. 72793-7, § 1, 7-27-93) Sec. 5-26.4. Violations. It shall be a Class 1 misdemeanor for the owner of any dog which has caused a wound to an~...~erson..to.., conceal. or...cause to be concealed such do from any ±v~n~i~:~~;~::~:.:;;~.3:~::C~:~~~` a~ g .;.:::::<.:::;:::.:.:;.~:;::::.:::::: :::.:::::.........:................................ . r}-~' ~~~~~ or police officer. (Ord. No. 72793-7, § 1, 7-27-93) Sec. 5-27. Barking or howling dogs. The harboring or keeping of any dog which, by loud, frequent or habitual barking or howling or by any other conduct, shall cause annoyance and disturb the peace and quiet of any person or neighborhood shall be unlawful; and any such dog is hereby declared to be a public nuisance. Any such dog. .may.,., after ........................ as been iven b the t~m~tz:t.:;::~:e~v:~~;.:~}~':~:~:e reasonable notice...h ...............................~.:.::::::::::::. y :>::>«::::::::;::<>;:.;::>:<;::.;;:::;Y:::::::.::<.;:;:;:::«:;:.;:<;::,;,<.;:«::::::«:::.:.:;::<:,>:<;.>:. ~~ to the >::: ~r <f.f. ... ...y. owner of sucfi~~~~dog~; i~f~~~~known, or upon the complaint of any person, if such owner is unknown, be impounded and confined in the county ter b the amtu€;~1~:.:::::s:~ru3_±~~3 ~-i~~ animal shel y ... .. :::::.~'';:.»<;;:;;:<:>::;..:~«:..:.:.:;::::::::.:::::.;:::>::..;,::::.: ~~z. The disposition ~ of" any such ""clog s~iaTl be in accordance with section 5-29. (Code 1971, § 5-10.2) Cross reference(s)--Noise generally, § 13-3. Sec. 5-29. Same--Impoundment. 8 l,C. l Q ~. b (c) An owner claiming his animal pursuant to subsection (b) above shall be required to pay the actual expense incurred by the county in keeping the animal confined. Such payment shall be made to the a~a~-~e~~e-~-e€€~ee~-ei-~r ~~ officer at the time of the release of the animal . It sha~l`~~ ~'l~e~~~the duty of the ~~~-~e~~e~-epee-~oi~~_ ~Q~ officer to furnish the owner with a written receipt for~sucfi 'payment, in a form and manner approved by the board of supervisors. Such officer shall keep a carbon copy of all such receipts in a bound book, which shall be turned over to the county treasurer when the book is filled and shall be subject to audit by representatives.of the ervisors whenever re ested. rt>1~ _..:.: board of sup ~ - ..........: ......... - .: ...... ...,.«.. :._... ected pursuan 0 ....:.:.............:::: . No payment made under this subsec ion shall relieve the owner from prosecution for violating section 5- 28. (e) A pickup fee of 5vz ~ dollars ($(3~-6.00) for the first offense, th~rty.f~ve t~ dollars ($3:~~-8.00) for the 9 Lam./Q~~, second offense, and ~y dollars ($q~3.6.00) for the third offense shall be im~osed~~~in addition to the"'~riormal board fee of s ~>>~~: "~6 ~ 98 er da when any dog ::'"~°~~ sip dollar ($~.;~, ) P Y ... „r ,.~~~~~~>~:~~;»:::>::~n:~:~~a::;~::«:~a:r~::~:in~A::'~:> , s c1 aimed Yiv its owner or cus o tan. Sec..S-31. Rillinq, injuring, etc., livestock or poultry -- Generally. :: :. : ~' : ~ ~ ~~i e : ' Sri :' '. ; ::::: shall be the dut of the ~s~~1tt':: <'~~~~~~~ :::::::::.:.::.:.;;: ~ix~~, ~~~,-er-o~=~e~ or other officer, if~~~h~e finds a dog in the act of killing, injuring, worrying or chasing livestock or poultry, to kill such dog forthwith, whether such dog bears a tag or not, and any person finding a dog committing any of the depredations mentioned in this section shall have the right to kill such dog on sight. (b) The general district court or any other court shall have ower to order the ~zu;~~: ;;;:~~~v~~~~r; the p :.. ~::.< ::::.::::.:.::::::~.:.;:~::::.::.:::.:...::.::>::::::::::<.::::.::::; ~~~r or other officer to kill any clog known to be a confirmed livestock or poultry killer, and any dog killing poultry for the third time shall be considered a confirmed poultry killer. :::::::i;::i:;i`::::::;:y:::;::::::;::;i;::i'::i::ii:2:i::::::i::%:..:i: ":%";`r R:i::i::i;:;::;: rson includin the ~ztu~~~::.::~~~::v~ce~3f~e' (c) I f any pe ~ 9 .....::: .................~:.;:.::.;;.;::.;:.;:.;:.;:.;::::.;:::.::..:::.::::.::.;:.~.::::::.;::.:::.. "~ ~~~ has reason to bel~~evethat any dog is ~i~x~ee~i~ez-~-~=, killing livestock or committing any of the depredations mentioned in this section, he shall apply to a magistrate of the county, who shall issue a warrant requiring the owner or custodian, if known, to appear before the judge of the general district court at the time and place named therein, at which time evidence shall be heard, and if it shall appear that such dog is a livestock killer or has committed any of the depredations mentioned in this section, the. , doc~....shall.. be ordered killed immediately, which the x .::.:::::.:.. ::>:°is~`~>ei~i>€?~f!~:e ~n~"~-~~~3 oi~~ or other officer desgriated~by the~~jud~ge of the general district court to act, shall do. (Code 1971, § 5-7) State law reference(s)--Dogs killing, injuring, etc., other animals, Code of Virginia, §§ 3.1-796.116, 3.1-796.117. 10 52290-7, § 1, 5-22-90; Ord. No. 41294-"/, § 1, 4-1~-y4) -C ~~ Rt ~~ Sec. 5-32. Same--Investigation of claims against county. a The ~1[~:> >~ '•~iL"X~' `~'»~'1~~`1+GE~~' uiri~Ctai--~virzl~ei-vr~-`rz-ecz :.;;:.;:.:>::>::>:.; :....:....::.::.. shall conduct~~~an investigation into any claim made pursuant to section 3.1-796.118 of the Code of Virginia for livestock or poultry killed or injured by a dog prior to the payment of such claim, to determine if the claimant has exhausted all legal remedies available to him against the owner of the dog, if known, prior to making such claim to the board of supervisors. (b) For the purposes of this section, "exhaustion " shall mean a judgment against the owner of the dog upon which an execution has been returned unsatisfied. (Code 1971, § 5-13.1) Sec. 5-33. Disposal of dead dogs. The owner of any dog which has died from disease or other cause shall forthwith cremate or bury the same. If, after notice, ~...., the ow ails to do so the ~~ ee~i~e~e~£-~tee~ or other officer sfi~all~~ bury~~~or~~~cremate `the dog and he may recover, on behalf of the county, from the owner his cost for this service. «su~i~«~O~r~e~;><ur~~~>>th:x:s:>:<::seC'~:on ... (Code 1971, § 5-8) Cross reference(s)--County solid waste collectors not to pick up dead animals, § 20-27. .................................................................................................. .. ~............•::::. ~. ~ c 8 eC . 5 - 3 6 . CC~t1'f ~~::.«>~~t`~~ 8>~~~'~~~:' ~~-i-m~a3 e9~~ror~fTl~~s , duties and respons~5l~ties :~'"'~~~~~ ~ ~ ~~'~ There is hereby created the position of mYr'r:'.~~e ....................... ...........::::::::::::::::::::.:::::::::k'.'::::::::::::::::::::::::::::::.... ~~~ ~na~-~e~~el-e€€~ee~ within the Rtic~~>>o~~:'>Pa~:::a::c~ 1~~:<.:~ra~r~~ de}~t~e~e~ a~-i~a3 ee~i~e-~. The :~c~~muM~~:;;::::5~r t3~ ar~i~~ea~r~i~e-~-e~-€-ree~ or his agent or any "law. ,,.,,,,, ~eri~orcement officer shall have the following powers: (1) May enter upon private property to apprehend any domestic animal which is in violation of any provision of this chapter or to apprehend any animal which presents an immediate threat to the safety, health or welfare of any person, including an animal suspected of being infected with rabies; 11 u 1Q~ ~ (2) May enter upon private property to investigate complaints of inhumane or lack of responsible animal care; (3) May seize, impound or dispose of any vicious or dangerous animal of any kind when necessary for the protection of any person or animal; and (4) May perform all other acts necessary to carry out the requirements of this chapter. (Ord. No. 41294-7, § 1, 4-12-94) Secs. 5-37--5-40. Reserved. Division 2. License Sec. 5-49. Preservation and exhibition of license receipt. A dog or cat license receipt shall be carefully preserved by the person to whom it is issued and exhibited promptly on request for ins ection b the u~~~::,:u~r~r;~~~;~?~`ce ^~z or any other officer: (Code 1971, § 5-25; Ord. No. 41294-7, § 1, 4-12-94) sec. 5-53. Records of licenses sold. (Code 1971, § 5-19; Ord. No. 41294-7, § 1, 4-12-94) . . Sec. 5-55. Special provisions as to kennel licenses. (a) The owner of a kennel shall securely fasten the license tag issued under this division to the kennel enclosure in full view and keep one of the identification plates provided therewith attached to the collar of each dog authorized to be kept enclosed 12 G,m..~~ _ ~~ ~° in the kennel. Any identification plates not so in use shall be kept...by..the_...owner...or, custodian and promptly shown to any ~d-t;~~>..»i~ ~~eree~i~e~s-f-~i:ee= or other officer upon"`request :~~~'~'7~~`~~keririel~~~~cl~og shall not be permitted to stray beyond the limits of the enclosure, but this shall not prohibit removing dogs therefrom temporarily while under the control of the owner or custodian for the purpose of exercising, hunting, breeding, trial or show. A kennel shall not be operated in such manner as to defraud the county of the license tax applying to dogs which cannot be legally covered thereunder or to in any manner violate other provisions of this article. (b) If a kennel dog is found running and roaming at large at any time of the year in violation of any provision of this article, the kennel license may be revoked, if the violation appears to the trial court to have resulted from carelessness or negligence on the part of the owner, who shall thereupon be required to secure an individual license for each dog. (Code 1971, § 5-27) Secs. 5-56--5-65. Reserved. DIVISION 3. RABIES CONTROL* seC. 5-67. VBCClri3tlOri Cert1f1C8te. At the time of vaccination of a dog or section 5-66, a certificate shall be issued dog or cat, which certificate shall be. prop signed by 1'Jt~ ~~t~~~5~3'~g>>~e~'~.n~.J~'~.a~ s~~?t.. '~', or cat has certificate description name of the cat pursuant to to the owner of the rlx executed and ..ert~f`y' that the been vaccinated as required by section 5-66. The shall show the date of vaccination, a brief of the dog or cat, and its sex and breed, and owner of the dog or cat. ' dog the (Code 1971, §§ 5-16, 5-30; Ord. No. 2135, 9-26-78; Ord. No. 51287-4, § 1, 5-12-87; Ord. No. 72688-11, § 1, 7-26-88) 13 e~ea~~-S-ew~e~ t e €-st}e~k--€ee-asp s~ yes e~ edge ~pa~~-~f gti~r~Prv~ anra _ Sec. 5-68. Impoundment of unvaccinated dogs or cats. (a) Any dog or cat found in the county which is not vaccinated as rec,~ttired...,in division shall be impounded by the ~'<'~3~`~`?ir<~Q~ e~i~a~~~;i~ro-€€re~ or other orricer> dais-: The dog or cat may be returned to its owner, upon proof of ownership, vaccination of the dog or cat, and payment of the cost of impounding the dog or cat. Such payment shall not relieve the owner from prosecution for violating section 5-66. Sec. 5-69. Vaccination clinics. The board of supervisors may provide for clinics for the vaccination of dogs and cats under the supervision of the >..:.:;;;;;::::.>:<.>:. ;;~:,>_:'::'~<e`> ~`~±~t~` ~`~ ~im~~~~e=-a£-=-~~ and the health c~~rector~ ~arid `fix" i`ees ~o "be charged for services rendered at such clinics. (Code 1971, § 5-31; Ord. No. 51287-4, § 1, 5-12-87) 2. That this ordinance shall be in full force and effect on and after January 1, 1997. c:\...\agenda\police\commserv.ord 14 d~s~es e~-e€~-a~ee~e~da~e~e-;:~=:-tie-pie=a-is~. ~3-e~ee~e~t-3-~- c nc }L. .. n....a ... ...,~ c~. ~.. ~v-r~-arv~crrc--cvccc~- ---~--~--~. (Code 1971, § 5-30; Ord. No. 2135, 9-26-78; Ord. No. 51287-4, § 1, 5-12-87; Ord. No. 72688-11, § 1, 7-26-88) ~t - r~-. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, DECEMBER 17, 1996 ORDINANCE 121796-13 ESTABLISHING A BOARD OF APPEALS AND ESTABLISHING PROCEDURES AND REQUIREMENTS TO HEAR APPEALS FROM DECISIONS MADE UNDER THE PROVISIONS OF CHAPTER 9, "FIRE PREVENTION AND PROTECTION", OF THE ROANOKE COUNTY CODE WHEREAS, Section 27-98 of the Code of Virginia, 1950, as amended, provides that a local governing body may establish procedures and requirements for the administration and enforcement of the Virginia Statewide Fire Prevention Code; and, WHEREAS, appeals concerning the application of this Code by the County Fire Marshal shall first lie to a local board of appeals and then to the State Building Code Technical Review Board ; and, WHEREAS, the Board of Supervisors of Roanoke County hereby designates itself as a board of appeals and establishes procedures and requirements for appeals of enforcement decisions made under the provisions of Chapter 9, "Fire Prevention and Protection" of the Roanoke County Code; and, WHEREAS, the first reading of this ordinance was held on December 3, 1996, and the second reading and public hearing of this ordinance was held on December 17, 1996. BE IT ORDAINED, BY THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, as follows: 1. That Chapter 9, "Fire Prevention and Protection" of the Roanoke County Code is hereby amended by the addition of a new section, Section 9-21, "Appeals" to provide as follows: Section 9-21 Appeals. (a) Any person aggrieved by a decision of the Roanoke County Fire Marshal under the provisions of this Chapter may file a 1 i written appeal with the clerk to the Board of Supervisors for review of the Fire Marshal's decision. The written appeal must be filed within ten (10) days of the decision of the Fire Marshall, in a manner and form to be specified by the Fire and Rescue Chief. (b) The written appeal must specify the grounds for the appeal, and must be accompanied by the payment of the sum of Twenty- Five ($25.00) Dollars in order to defray the costs of such appeal. (c) Upon receipt of the appeal the board shall proceed at its earliest convenience to hear the appeal. The board shall within three (3) working days render a decision in accordance with its findings. 2. That this ordinance shall be in full force and effect from and after December 17, 1996. On motion of Supervisor Johnson to adopt the Ordinance, and carried by the following recorded vote: AYES: NAYS: Supervisors Minnix, Harrison, Nickens, Johnson Supervisor Eddy A COPY TESTE: `~ Q~--t-~~..,j Mary H. Allen, Clerk Roanoke County Board of Supervisors 2 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 Relations District Court Joseph M. Clarke, II, Judge Philip Trompeter, Judge John B. Ferguson, Judge Joseph P. Bounds, Judge Ruth P. Bates, Clerk Intake Counsellor 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 ACTION NO. ITEM NO. •~. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: December 17, 1996 AGENDA ITEM: ORDINANCE ESTABLISHING A BOARD OF APPEALS AND ESTABLISHING PROCEDURES AND REQUIREMENTS TO HEAR APPEALS FROM DECISIONS MADE UNDER THE PROVISIONS OF CHAPTER 9, "FIRE PREVENTION AND PROTECTION", OF THE ROANOKE COUNTY CODE ~'OUN'r'y ADMINISTRATOR' S COMMENTS : ~k~c.~ This ordinance establishes a board to hear appeals from decisions under the Statewide Fire Prevention Code. This ordinance designates the Board of Supervisors as the Appeals Board. A recent controversy over the enforcement of the Statewide Fire Prevention Code by the Roanoke County Fire Marshal illustrates the need for an administrative board to hear appeals from these enforcement decisions. A first reading on this proposed ordinance was held December 3, 1996; a second reading and public hearing is scheduled for December 17, 1996. A public hearing is requested since the proposed ordinance is imposing a fee for these appeals. Section 27-98 of the 1950 Code of Virginia, as amended, provides that appeals concerning the application of the Fire Prevention Code "shall first lie to a local board of appeals and then to the State Building Code Technical Review Board." In addition, the local governing body may establish such procedures or requirements as may be necessary for the administration and enforcement of this Code. Fees may be levied by the local governing body in order to defray the cost of such enforcement and appeals. Any appeal would proceed from the local board of appeals to the State Building Code Technical Review Board. The Board of Supervisors decided to designate itself as the appeals body for decisions under the Fire Prevention Code. In some 1 .•L~. situations, the Board would be compelled to schedule special meetings in order to accommodate the due process requirements of these appeals. The proposed ordinances impose a Twenty-five Dollar ($25.00) appeal fee to help defray the costs of these appeals. Although the number of appeals anticipated is unknown, it is believed that the number of appeals will be minimal. STAFF RECOMMENDATION: It is recommended that the Board hold the advertised public hearing and adopt this ordinance. Respectfully submitted, °vn ~n Paul M. Mahoney County Attorney Action Approved ( ) Denied ( ) Received ( ) Referred to Motion by C:\OFFICE\ WPW IN\ WPDOCS\AGENDA\GENERAL\APPEALS.BD Vote No Yes Abs Eddy Harrison Johnson Minnix Nickens 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, DECEMBER 17, 1996 ORDINANCE ESTABLISHING A BOARD OF APPEALS AND ESTABLISHING PROCEDURES AND REQUIREMENTS TO HEAR APPEALS FROM DECISIONS MADE UNDER THE PROVISIONS OF CHAPTER 9, "FIRE PREVENTION AND PROTECTION", OF THE ROANOKE COUNTY CODE WHEREAS, Section 27-98 of the Code of Virginia, 1950, as amended, provides that a local governing body may establish procedures and requirements for the administration and enforcement of the Virginia Statewide Fire Prevention Code; and, WHEREAS, appeals concerning the application of this Code by the County Fire Marshal shall first lie to a local board of appeals and then to the State Building Code Technical Review Board and, WHEREAS, the Board of Supervisors of Roanoke County hereby designates itself as a board of appeals and establishes procedures and requirements for appeals of enforcement decisions made under the provisions of Chapter 9, "Fire Prevention and Protection" of the Roanoke County Code; and, WHEREAS, the first reading of this ordinance was held on December 3, 1996, and the second reading and public hearing of this ordinance was held on December 17, 1996. BE IT ORDAINED, BY THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, as follows: 1. That Chapter 9, "Fire Prevention and Protection" of the Roanoke County Code is hereby amended by the addition of a new section, Section 9-21, "Appeals" to provide as follows: Section 9-21 Appeals. (a) Any person aggrieved by a decision of the Roanoke County Fire Marshal under the provisions of this Chapter may file a written appeal with the clerk to the Board of Supervisors for review .. .. -~ of the Fire Marshal's decision. The written appeal must be filed within ten (10) days of the decision of the Fire Marshall, in a manner and form to be specified by the Fire and Rescue Chief. (b) The written appeal must specify the grounds for the appeal, and must be accompanied by the payment of the sum of Twenty- Five ($25.00) Dollars in order to defray the costs of such appeal. (c) Upon receipt of the appeal the board shall proceed at its earliest convenience to hear the appeal. The board shall within three (3) working days render a decision in accordance with its findings. 2. That this ordinance shall be in full force and effect from and after December 17, 1996. G:\ATTORNEY\ PMM\APPEALBD.ORD V_~ j AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANORE COUNTY, VIRGINIA, HELD AT THE ROANORE COUNTY ADMINISTRATION CENTER ON TIIESDAY, DECEMBER 17, 1996 RESOLUTION 121796-14 RESCINDING RESOLUTION 111996-13 AND WITHDRAWING THE AUTHORIZATION TO ACQUIRE A ONE ACRE PARCEL OF LAND FROM RANDOLPH H. VEST, JR. AND LINDA C. VEST FOR THE COUNTRY FARM ROAD IMPROVEMENT PROJECT BY EMINENT DOMAIN PROCEEDINGS WHEREAS, on November 19, 1996, the Board of Supervisors of Roanoke County adopted Resolution 111996-13 pursuant to Title 25 and Sections 15.1-236 and 15.1-238 of the 1950 Code of Virginia, as amended, authorizing the acquisition of a 1-acre parcel of land from Randolph H. Vest, Jr. and Linda C. Vest for the Country Farm Road Improvements Project by eminent domain proceedings; and WHEREAS, based upon the recommendation and approval of the Virginia Department of Transportation, the improvements to Country Farm Road for purposes of this project are no longer necessary at this time; and WHEREAS, the acquisition and condemnation of the Vest property is no longer required as a result of the VDOT changes to the road improvement project; and WHEREAS, the County has not entered upon this real estate; and WHEREAS, the Board of Supervisors deems it in the best interests of the public to rescind Resolution 111996-13. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County as follows: 1. That the acquisition of this property for the Country Farm Road Improvement Project is no longer necessary. 2. That Resolution 111996-13 is hereby rescinded and the 1 I Board withdraws its authorization to acquire a one acre parcel of land from Randolph H. Vest, Jr. and Linda C. Vest for the Country Farm Road Improvement Project by eminent domain proceedings. 3. That this Resolution is effective immediately upon its adoption. 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: '~ ~ • ~ Mary H. Allen, Clerk Roanoke County Board of Supervisors cc: File Timothy W. Gubala, Director, Econ Dev Terry Harrington, Director, Planning & Zoning Arnold Covey, Director, Engineering & Inspections John W. Birckhead, Director, Real Estate Assessment Paul M. Mahoney, County Attorney 2 V -,~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, DECEMBER 17, 1996 RESOLUTION RESCINDING RESOLUTION 111996-13 AND WITHDRAWING THE AUTHORIZATION TO ACQUIRE A ONE ACRE PARCEL OF LAND FROM RANDOLPH H. VEST, JR. AND LINDA C. VEST FOR THE COUNTRY FARM ROAD IMPROVEMENT PROJECT BY EMINENT DOMAIN PROCEEDINGS WHEREAS, on November 19, 1996, the Board of Supervisors of Roanoke County adopted Resolution 111996-13 pursuant to Title 25 and Sections 15.1-236 and 15.1-238 of the 1950 Code of Virginia, as amended, authorizing the acquisition of a 1-acre parcel of land from Randolph H. Vest, Jr. and Linda C. Vest for the Country Farm Road Improvements Project by eminent domain proceedings; and WHEREAS, based upon the recommendation and approval of the Virginia Department of Transportation, the improvements to Country Farm Road for purposes of this project are no longer necessary at this time; and WHEREAS, the acquisition and condemnation of the Vest property is no longer required as a result of the VDOT changes to the road improvement project; and WHEREAS, the County has not entered upon this real estate; and WHEREAS, the Board of Supervisors deems it in the best interests of the public to rescind Resolution 111996-13. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County as follows: 1. That the acquisition of this property for the Country Farm Road Improvement Project is no longer necessary. 2. That Resolution 111996-13 is hereby rescinded and the Board withdraws its authorization to acquire a one acre parcel of land from Randolph H. Vest, Jr. and Linda C. Vest for the Country Farm Road Improvement Project by eminent domain proceedings. 3. That this Resolution is effective immediately upon its adoption. C:\OFFICE\WP WIIV\4VI'DOCS\ AGENDA\ECON\ VFSf.RES .~ V~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANORE COUNTY, VIRGINIA, HELD AT THE ROANORE COUNTY ADMINISTRATION CENTER ON TUESDAY, DECEMBER 17, 1996 RESOLUTION 121796-15 CONCURRING IN THE EXTENSION OF THE STATUTE OF LIMITATIONS ON BEHALF OF THE RROGER CO., AN OHIO CORPORATION, FOR THE PURPOSE OF APPLYING FOR RELIEF FROM AN ASSESSMENT OF LICENSE TAXES WHEREAS, the Commissioner of the Revenue has assessed The Kroger Co., an Ohio corporation, (the "Company") with certain business, professional and occupational license taxes ("license taxes") for the tax year 1993; and, WHEREAS, the Company has raised certain objections with respect to the assessment of these license taxes, and has sought a refund thereof; and, WHEREAS, the Commissioner of the Revenue, the County of Roanoke and the Company seek amicably to resolve this dispute with respect to these license taxes; however, the statute of limitations for filing an application for relief to the circuit court from this assessment expires on December 31, 1996 in accordance with the provisions of Section 58.1-3984, of the Code of Virginia, 1950, as amended. NOW THEREFORE, Be It Resolved, by the Board of Supervisors of Roanoke County, as follows: 1. That the Board concurs in extending the applicable statute of limitations for the filing of an application for relief to the circuit court by The Kroger Co. from an assessment of license taxes for the tax year 1993 for a period of time not to exceed three months, until March 31, 1997. 1 f 2. That the County Administrator is hereby authorized to execute such documents and take such actions as may be necessary to accomplish the purposes of this resolution, in conjunction with the Commissioner of the Revenue, all upon from approved by the County Attorney. 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: Mary H. Allen, Clerk Roanoke County Board of Supervisors cc: File Paul M. Mahoney, County Attorney The Honorable R. Wayne Compton, Commissioner of Revenue The Honorable Alfred C. Anderson, Treasurer Diane D. Hyatt, Director, Finance 2 I ~' . w V~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, DECEMBER 17, 1996 RESOLUTION CONCURRING IN THE EXTENSION OF THE STATUTE OF LIMITATIONS ON BEHALF OF THE KROGER CO., AN OHIO CORPORATION, FOR THE PURPOSE OF APPLYING FOR RELIEF FROM AN ASSESSMENT OF LICENSE TAXES WHEREAS, the Commissioner of the Revenue has assessed The Kroger Co., an Ohio corporation, (the "Company") with certain business, professional and occupational license taxes ("license taxes") for the tax year 1993; and, WHEREAS, the Company has raised certain objections with respect to the assessment of these license taxes, and has sought a refund thereof; and, WHEREAS, the Commissioner of the Revenue, the County of Roanoke and the Company seek amicably to resolve this dispute with respect to these license taxes; however, the statute of limitations for filing an application for relief to the circuit court from this assessment expires on December 31, 1996 in accordance with the provisions of Section 58.1-3984, of the Code of Virginia, 1950, as amended. NOW THEREFORE, Be It Resolved, by the Board of Supervisors of Roanoke County, as follows: 1. That the Board concurs in extending the applicable statute of limitations for the filing of an application for relief to the circuit court by The Kroger Co. from an assessment of license taxes for the tax year 1993 for a period of time not to exceed three months, until March 31, 1997. 2. That the County Administrator is hereby authorized to execute such documents and take such actions as may be necessary to ~_ .. ~ accomplish the purposes of this resolution, in conjunction with the Commissioner of the Revenue, all upon from approved by the County Attorney. G:\ ATTORNEY\ PMM\ KROGRSOF.RES I 1 !/ AT A REGULAR MEETING OF THE BOARD OF SIIPERVISORS OF ROANORE COUNTY, VIRGINIA, HELD AT THE ROANORE COUNTY ADMINISTRATION CENTER ON TUESDAY, DECEMBER 17, 1996 RESOLUTION 121796-16 APPROVING AND AUTHORIZING AMENDMENTS TO THE REGIONAL SEWAGE TREATMENT CONTRACT ON BEHALF OF THE COUNTY OF ROANORE WITH THE CITY OF ROANORE, THE CITY OF SALEM, THE COUNTY OF BOTETOURT AND THE TOWN OF VINTON WHEREAS, by Resolution 101194-1 adopted on October 11, 1994 the Board of Supervisors approved and authorized the execution of a regional sewage treatment contract, dated November 1, 1994, on behalf of the County of Roanoke with the City of Roanoke, the City of Salem, the County of Botetourt, and the Town of Vinton; and, WHEREAS, the parties to this contract desire to amend this contract to reflect certain changes to the capacity of the regional sewage treatment plant, and the allocations of capacity in said plant among the parties., NOW THEREFORE, BE IT RESOLVED, By the Board of Supervisors of Roanoke County, as follows: 1. That the amendments to the regional sewage treatment contract dated November 1, 1994 on behalf of the County of Roanoke with the City of Roanoke, the City of Salem, the County of Botetourt and the Town of Vinton are hereby approved and authorized. These amendments address certain changes to the capacity of the regional sewage treatment plant, and the allocations of capacity in said plant among the parties., 2. That the Chairman of the Board of Supervisors is hereby authorized to execute this amendment to the contract on behalf of 1 i~ the citizens and Board of Supervisors of the County of Roanoke, subject to the review and approval of the final contract amendment by the County Administrator and the County Attorney. 3. That the Clerk to the Board of Supervisors is directed to mail a certified copy of this resolution to the Clerks for the City Councils of the City of Roanoke and the City of Salem, the Town Council of the Town of Vinton, and the Board of Supervisors of the County of Botetourt. On motion of Supervisor Minnix to approve the contract with Supervisor Eddy's suggestion that Resolution be amended to remove allocations of total project costs among the parties, and carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None A COPY TESTE: .~/ • ~' Mary H. Allen, Clerk Roanoke County Board of Supervisors cc: File Gary Robertson, Director, Utility Paul M. Mahoney, County Attorney Mary F. Parker, Clerk, Roanoke City Council Forest Jones, Clerk, Salem City Council Carolyn S. Ross, Clerk, Vinton Town Council Gerald A. Burgess, Botetourt County Administrator I hereby certify that the foregoing is a true and correct copy of Resolution 121796-16 adopted by the Roanoke County Board of Supervisors by a unanimous recorded vote on Tuesday, December 17, 1996. Brenda J. Holton, Deputy Clerk Roanoke County Board of Supervisors 2 • r ACTION # ITEM NUMBER V- 'y AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: December 17, 1996 AGENDA ITEM: Request to Approve an Amendment to the Regional Wastewater Treatment Contract ('OLTNTY ADMINISTRATOR'S COMMENTS: d~~~' BACKGROUND: On November 1, 1994, Roanoke County, along with the other valley governments signed a revised wastewater treatment contract. This contract calls for a major upgrade of the regional wastewater treatment facility and the Roanoke River and Tinker Creek Interceptors. The allocated capacities in this contract were based on a tiered permit concept with the average flow capacity at the plant being 42 million gallons per day (MGD) and increasing to 72 MGD during periods of heavy rainfall (see Appendix A attached). This attachment also states that all parties would agree to renegotiate if the appropriate regulatory agencies object to a tiered permit. SUMMARY OF INFORMATION: In early 1996, the parties received word from the Department of Environmental Quality (DEQ) and the Environmental Protection Agency (EPA) that they would deny the tiered permit concept as proposed. It was suggested at that time that a straight permit with a capacity of 62 MGD would be preferred. The parties had hoped to have final approval from DEQ fora 62 MGD permit before amending the contract. In October, 1996, we received a letter from DEQ supporting a 62 MGD permit. This letter also stated that the process to approve this permit will probably to be at least 18 months. Because of the time-frame required in obtaining final approval, all parties agree that the contract should be modified at this time. The enclosed contract modification will base each party's final flow allocation on a percentage of the total permitted plant capacity when the permit is amended. If the total plant capacity is increased from 42 MGD average flow (1994 contract) to 62 MGD as proposed, Roanoke County's flow allocation will be a straight line percentage increase of 24.52 %. This will represent a flow allocation increase from 10.3 MGD to 15.2 MGD. It should be noted that the proposed contract amendment in no way affects the design or cost of the treatment plant upgrade. The negotiations with DEQ are not based on the ability of the plant to treat the increased flow, but on the ability of the Roanoke River to handle the increased flow with no degradation in quality. This proposed contract amendment will have no fiscal impact on the previously approved project. STAFF RECOMMENDATIONS: Staff recommends that the proposed contract amendment be approved. SUBMITTED BY: Gary Robe son, P.E. Utility Director Approved () Motion by: Denied ( ) Received ( ) Referred to APPROVED: d/Q'~ Elmer C. Hodge County Administrator ACTION Eddy Hamson Johnson! Minnix Nickens VOTE No Yes Abs APPENDIX A TO THE -- ~. 1994 SEWAGE TREATMENT AGREEMENT The parties to this Agreement have negotiated the capacity and cost allocations associated with the planned 1994 improvements for expansion of the City of Roanoke Regional Sewer Treatment Plant and replacement of portions of the Roanoke River and Tinker Creek Interceptors. Regional Sewage Treatment Plant The following allocations are expressly conditioned upon the receipt by the City of Roanoke of no objections of the appropriate regulatory agencies to the tiered permit split at 125$ of average rainfall. The following definitions shall apply to the allocations: AVERAGE FLOW - Flow expressed in MGD, being the daily average flow during the month when rainfall is at or below 125$ of 1/12 of the average annual rainfall for this region. , HIGH FLOW - Flow expressed in MGD, being the daily average flow during any month when rainfall exceeds 125$ of 1/12 of the average annual rainfall for this region. This flow shall not exceed 171$ of average flow. PEAK FLOW - High instantaneous flow - Applicable to Interceptors. This flow shall not exceed 250 of the average flow. All parties agree to renegotiate the above definitions if the appropriate regulatory agencies object to a tiered permit based on the above definitions. The planned improvements will expand the capacity of the Regional Sewage Treatment Plant to an Average Flow of 42.0 MGD. The parties to this Agreement agree to the following allocation of Average Flow capacities in the Regional Sewage Treatment Plant: Allocated Average Flow Capacity in Treatment Plant i (MGD1 ~ •~~. City of Roanoke Botetourt County Roanoke County City of Salem Town of-Vinton Total 19.2 2.6 10.3 7.8 42.0 MGD Ir ...~ v y ~O ~ C~ DEPARTMENT OF ENVIRONMENTAL QUALITY George Allen WEST CENTRAL REGIONAL OFFICE Thomas L. Hopkins Governor 3019 Peters Creek Road Director Roanoke. VA 24019 Becky Norton Duniop Thomas L. Henderson Secretary of Natural Resources __- Regional Director http:/j www. deq.state.va. us (540) 562-6700 FAX (540) 562-6725 October 16, 1996 Mr. Kit B. Kiser, Director Utilities and Operations Room 354 Municipal Building 215 Church Avenue Roanoke, Virginia 24011 RE: City of Roanoke Water Pollution Control Plant Expansion Dear Mr. Kiser: In January of 1995 this Agency began working with Roanoke City and Roanoke County to address the BOD and Phosphorus limits in a VPDES permit for the expansion of the Regional Water Pollution Control Plant. Public opposition from down stream land owners to increases in pollution, loading allocations in the Roanoke River Basin Water Quality Management Plan, and antidegradation concerns need to be addressed in a water resources management strategy. This Agency has been working with the City and other interested parties to develop and implement a strategy to demonstrate that increases in point source discharaes will be offset by nonpoint source reductions. The demonstration of a reduction in net loading of pollutants to the Roanoke River watershed by trading nonpoint source reductions for point source increases appears agreeable to all parties involved. To that end the Agency included proposed interceptor work under the I/I reduction requirements of the current consent order. The City voluntarily conducted a study to document the net reductions in pollutant loadings as the basis for increasing the limits in the reissuance of the VPDES permit. The staff has reviewed the net reductions report submitted by the City and concluded that the results meet the objectives of the study. The information provided along with additional information being collected will be used to demonstrate a net reduction in pollutants to allow for the expansion of the regional water pollution control plant to 62 MGD. Mr. Kit Kiser Page 2 October 16, 1996 To revise the loading allocation in the Water Quality Management Plan two options are being pursued. An amendment to the plan will be necessary unless the plans are deregulated in response to Governor Allen's Executive Order #15 (1994). Either approach must follow the administrative process act guidelines which, at present, is an 18 _month process. The staff is preparing to issue a notice of intent to amend the Roanoke River Basin Water Quality Management Plan to reflect the increase in BOD loading for a 62 MGD plant. A.ntidegradation issues are being addressed in the current permit through a water quality monitoring program to generate data for use in the reissuance of the permit. A third option of setting water quality limits for this segment of the Roanoke River may be through the Water Quality Standards Triennial review and is also being investigated as a possible solution to the long term needs of the Roanoke Regional Sewage plant. The Roanoke Regional Office of DEQ will continue to work with all parties involved to develop a workable solution that benefits the _environment and the public in the Roanoke River Basin. If you have any questions, please call me at 540-562-6747. Sincerely, o as L. Henderson Regional Director cc: Gary Robertson, Roanoke County Robert G. Burnley, DEQ Amy T. Clarke, DEQ FIRST AMENDMENT TO SEWAGE TREATMENT CON'T'RACT DATED NOVEMBER 1, 1994 WHEREAS, the City of Roanoke, the County of Botetourt, the County of Roanoke, the City of Salem, and the Town of Vinton (all parties being political subdivisions of the Commonwealth of Virginia) entered into a contract dated November 1, 1994, concerning sewage treatment matters among themselves; and WHEREAS, Appendix A to the Novembe: 1, 1994, contract prodded for the allocation of planned increased flow capacity based on an anticipated tiered permit being ganted to the City of Roanoke; and WHEREAS, the Virginia Department of Environmental Quality (DEQ) has declined to _ _ gant a tiered permit to the City of Roanoke; and WHEREAS, the DEQ has informed the Vuginia Department of Health (VDH) with a copy of that correspondence to the parties to the contract that DEQ will grant a permit for the City of Roanoke Water Pollution Control Plant (WPCP) to increase its flow from 3 5 million gallons per day (MGD) up to 62 MGD under certain conditions; and WHEREAS, the parties to this First Amendment wish to fairly allocate among the parties the increased flow capacity allowed by the above permit to be granted by the DEQ, the parties hereby enter into this First Amendment. WITNES SETH: The City of Roanoke, the County of Botetourt, the County of Roanoke, the City of Salem, and the Town of Vinton hereby agree to amend the Sewage Treatment Contract dated November r _ 1, 1994, as follows: The Appendix A to the 1994 Sewage Treatment Contract is hereby amended to H:uc~r.n~n~ 1 provide that the parties agree that any flow capacity achieved as the result of the first expansion at the ~VPCP under the 1994 Sewage Treatement Contract as allowed by the permit to be granted by the DEQ to increase the flow capacity at the WPCP and/or any operating permit at the WPCP approved by VDH will be allocated among the parties based on the following percentages: City of Roanoke 45.71% Botetourt County 6.47% Roanoke County 24.52% City of Salem 18.42% Town of Vinton 4.88% Byway of example onlx the following allocations would apply assuming an increased flow to 50 MGD: CURRENT ALLOCATION OF FLOWS AT 35 MGD NEW ALLOCATION OF FLOWS AT 50 MGD City of Roanoke 15.83 22.85 Botetourt County 1.90 3.24 Roanoke County 9.00 12.26 City of Salem 6.65 9.21 Town of Vinton 1.62 2.44 TOTAL 35.00 50.00 2. Other than as amended above, all the provisions of the Sewage Treatment Contract dated I~ove~nber 1, 1994, i;etweer, the parties shall remain in mil force and effect. 3. This agreement may be executed in quintuplicate, any one of which shall be deemed the original. 4. Each party represents for itself and warrants to the other parties hereto that it has all requisite power and authority to enter into this First Amendment to the Sewage Treatment Contract dated November 1, 1994, and authority to perform its obligations under that contract and incidental thereto. Kti+c~strrvwAw 2 This First Amendment is hereby dated Witness the following signatures and seals: ATTEST: CITY OF ROANOKE Mary F. Parker, City Clerk ATTEST: Gerald A. Burgess, Clerk ATTEST: Mary. H. Allen, Clerk ATTEST: Forest G. Jones, Clerk ATTEST: Carolyn Ross, Town Clerk Approved as to Form: 199 David A. Bowers, Mayor COUNTY OF BOTETOURT Robert E. Layman, Jr., Chairman, Board of Supervisors COUNTY OF ROANOKE Bob L. Johnson, Chairman, Board of Supervisors CITY OF SALEM Carl E. Tarpley, Jr., Mayor TOWN OF VINTON Charles R. Dill, Mayor Approved as to Execution: H:~,+cMrss~vluw 3 ~' - y AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, DECEMBER 17, 1996 RESOLUTION APPROVING AND AUTHORIZING AMENDMENTS TO THE REGIONAL SEWAGE TREATMENT CONTRACT ON BEHALF OF THE COUNTY OF ROANOKE WITH THE CITY OF ROANOKE, THE CITY OF SALEM, THE COUNTY OF BOTETOURT AND THE TOWN OF VINTON WHEREAS, by Resolution 101194-1 adopted on October 11, 1994 the Board of Supervisors approved and authorized the execution of a regional sewage treatment contract, dated November 1, 1994, on behalf of the County of Roanoke with the City of Roanoke, the City of Salem, the County of Botetourt, and the Town of Vinton; and, WHEREAS, the parties to this contract desire to amend this contract to reflect certain changes to the capacity of the regional sewage treatment plant, the allocations of capacity in said plant among the parties, NOW THEREFORE, BE IT RESOLVED, By the Board of Supervisors of Roanoke County, as follows: 1. That the amendments to the regional sewage treatment contract dated November 1, 1994 on behalf of the County of Roanoke with the City of Roanoke, the City of Salem, the County of Botetourt and the Town of Vinton are hereby approved and authorized. These amendments address certain changes to the capacity of the regional sewage treatment plant, the allocations of capacity in said plant among the parties, 2. That the Chairman of the Board of Supervisors is hereby authorized to execute this amendment to the contract on behalf of 1 the citizens and Board of Supervisors of the County of Roanoke, subject to the review and approval of the final contract amendment by the County Administrator and the County Attorney. 3. That the Clerk to the Board of Supervisors is directed to mail a certified copy of this resolution to the Clerks for the City Councils of the City of Roanoke and the City of Salem, the Town Council of the Town of Vinton, and the Board of Supervisors of the County of Botetourt. G:\ ATTORNEY\PMM\SEWRAMND.RFS 2 K ~ r w ,~ v '- AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANORE COUNTY, VIRGINIA, HELD AT THE ROANORE COUNTY ADMINISTRATION CENTER ON TIIESDAY, DECEMBER 17, 1996 RESOLUTION 121796-17 AUTHORIZING AND APPROVING THE SETTLEMENT OF A LICENSE TA% CLAIM AGAINST CO% CABLE ROANORE WHEREAS, the Commissioner of the Revenue and the Board of Supervisors of Roanoke County, Virginia (the "County") and Cox Cable Roanoke ("Cox") have disagreed with respect to the liability of Cox for business, professional and occupational license taxes; and, WHEREAS, the County and Cox desire to settle this dispute amicably in order to avoid the expenses and uncertainty of litigation; and, WHEREAS, the County and Cox have negotiated a settlement of their dispute. NOW THEREFORE, Be It Resolved, By the Board of Supervisors of Roanoke County, as follows: 1. That in settlement of this dispute (a) Cox agrees to pay to the County the sum of $32,725.00 to satisfy any liability for license taxes for 1996 and a tax at .20 per hundred for the period of July 1, 1995, through December 31, 1995; (b) the Commissioner of the Revenue and Cox agree that Cox be classified as a Retailer under Chapter 10, "LICENSES", of the Roanoke County Code; (c) Cox agrees to withdraw any objection to this classification or assessment and levy of license taxes by the Commissioner and the County; (d) Cox agrees to pay said license taxes under the Retailer classification beginning January 1, 1997; and (e) this license tax 1 shall not be reflected on the monthly bills of any cable television customers. 2. That the County Administrator is hereby authorized to execute such documents and take such actions as may be necessary to accomplish the purposes of this resolution, in conjunction with the Commissioner of the Revenue, all upon form approved by the County Attorney. On motion of Supervisor Minnix to adopt the Resolution as amended by Supervisor Nickens, and carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None A COPY TESTE: C~C..Cx..2./~./ Mary H. Allen, Clerk Roanoke County Board of Supervisors cc: File Paul M. Mahoney, County Attorney The Honorable R. Wayne Compton, Commissioner of Revenue The Honorable Alfred C. Anderson, Treasurer Diane D. Hyatt, Director, Finance 2 V 5 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, DECEMBER 17, 1996 RESOLUTION AUTHORIZING AND APPROVING THE SETTLEMENT OF A LICENSE TAX CLAIM AGAINST COX CABLE ROANOKE WHEREAS, the Commissioner of the Revenue and the Board of Supervisors of Roanoke County, Virginia (the "County") and Cox Cable Roanoke ("Cox") have disagreed with respect to the liability of Cox for business, professional and occupational license taxes; and, WHEREAS, the County and Cox desire to settle this dispute amicably in order to avoid the expenses and uncertainty of litigation; and, WHEREAS, the County and Cox have negotiated a settlement of their dispute. NOW THEREFORE, Be It Resolved, By the Board of Supervisors of Roanoke County, as follows: 1. That in settlement of this dispute (a) Cox agrees to pay to the County the sum of $32,725.00 to satisfy any liab'lit or /q 4 !o a. ca fc- k, ate' . ~o pt.~-1,4no~e ~P~C license taxes for (b) the ~'IDaI Commissioner of the Revenue and Cox agree that Cox be classified as U a Retailer under Chapter 10, "LICENSES", of the Roanoke County F S Code; (c) Cox agrees to withdraw any objection to this` , ... classification or assessment and levy of license taxes by the (b ~ n Commissioner and the County; (d) Cox agrees to pay said license ~ ~ taxes under the Retailer classification beginning January 1, 1997; ~ ... and (e) this license tax shall not be reflected on the monthly ;- bills of any cable television customers. .A~_- - , ,. 2. That the County Administrator is hereby authorized to execute such documents and take such actions as may be necessary to accomplish the purposes of this resolution, in conjunction with the Commissioner of the Revenue, all upon form approved by the County Attorney. G:\ ATTORNEY\PMM\ COXSETTLRES r t U- AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANORE COUNTY, VIRGINIA, HELD AT THE ROANORE COUNTY ADMINISTRATION CENTER ON TUESDAY, DECEMBER 17, 1996 RESOLIITION 121796-18 AUTHORIZING THE COUNTY ADMINISTRATOR TO EXECUTE AN EXTENSION TO THE LEASE IN THE SALEM BANK AND TRUST BUILDING FOR THE DEPARTMENT OF SOCIAL SERVICES WHEREAS, the Board of Supervisors approved Ordinance 12390-4 authorizing the execution of a lease for office space for the Roanoke County Department of Social Services to be housed in the Salem Bank and Trust Building for an initial term from March 1, 1990 through February 28, 1994 with renewal options with specific rental rates extending through February 29, 2000; and WHEREAS, by an amendment entered into on the 1st day of November, 1995, the term of this lease shall end on February 28, 1997; and WHEREAS, Section 18.04 of the County Charter requires the adoption of an ordinance to acquire an interest in real estate, however, that after such ordinance shall have taken effect, all subsequent proceedings incidental thereto may be taken by resolution of the Board; and WHEREAS, the County desires to extend the lease of 14,762 square feet of space in this facility according to the rates, terms and conditions defined in the original lease for a period of time not to exceed August 31, 1997. NOW, THEREFORE BE IT RESOLVED by the Board of Supervisors of Roanoke County that the County Administrator is hereby authorized to execute the necessary documents authorizing an extension of the lease of said 14,762 square feet of office space in the Salem Bank and Trust Building for use by the Department of Social Services or other 1 public purpose of the County for a period of time not to exceed August 31, 1997, in accordance with the rates, terms and conditions of the original lease upon form approved by the County Attorney. On motion of Supervisor Minnix to adopt the Resolution, and carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens NAYS: None ABSTAIN: Supervisor Johnson A COPY TESTE: ~, Mary H. Allen, Clerk Roanoke County Board of Supervisors cc: File Paul M. Mahoney, County Attorney John M. Chambliss, Jr., Assistant Administrator Dr. Betty McCrary, Director, Social Services Diane D. Hyatt, Director, Finance 2 7 V-- ~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, DECEMBER 17, 1996 RESOLUTION AUTHORIZING THE COUNTY ADMINISTRATOR TO EXECUTE AN EXTENSION TO THE LEASE IN THE SALEM BANK AND TRUST BUILDING FOR THE DEPARTMENT OF SOCIAL SERVICES WHEREAS, the Board of Supervisors approved Ordinance 12390-4 authorizing the execution of a lease for office space for the Roanoke County Department of Social Services to be housed in the Salem Bank and Trust Building for an initial term from March 1, 1990 through February 28, 1994 with renewal options with specific rental rates extending through February 29, 2000; and WHEREAS, by an amendment entered into on the 1st day of November, 1995, the term of this lease shall end on February 28, 1997; and WHEREAS, Section 18.04 of the County Charter requires the adoption of an ordinance to acquire an interest in real estate, however, that after such ordinance shall have taken effect, all subsequent proceedings incidental thereto may be taken by resolution of the Board; and WHEREAS, the County desires to extend the lease of 14,762 square ..feet of space in this facility according to the rates, terms and conditions defined in the original lease for a period of time not to exceed August 31, 1997. NOW, THEREFORE BE IT RESOLVED by the Board of Supervisors of Roanoke County that the County Administrator is hereby authorized to execute the necessary documents authorizing an extension of the lease of said 14,762 square feet of office space in the Salem Bank and Trust Building for use by the Department of Social Services or other public purpose of the County for a period of time not to exceed • ~r August 31, 1997, in accordance with the rates, terms and conditions of the original lease upon form approved by the County Attorney. C:\OFFICE\ WP{NIN\ WPDOCS\ AGENDA\ REALEST\SOCIAL.LSE ~/- 5 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, DECEMBER 17, 1996 RESOLUTION AUTHORIZING AND APPROVING THE SETTLEMENT OF A LICENSE TAX CLAIM AGAINST COX CABLE ROANOKE WHEREAS, the Commissioner of the Revenue and the Board of Supervisors of Roanoke County, Virginia (the "County") and Cox Cable Roanoke ("Cox") have disagreed with respect to the liability of Cox for business, professional and occupational license taxes; and, WHEREAS, the County and Cox desire to settle this dispute amicably in order to avoid the expenses and uncertainty of litigation; and, WHEREAS, the County and Cox have negotiated a settlement of their dispute. NOW THEREFORE, Be It Resolved, By the Board of Supervisors of Roanoke County, as follows: 1. That in settlement of this dispute (a) Cox agrees to pay to the County the sum of $32,725.00 to satisfy any liab'lit or i4 a ~ o~ a ~-a x a.-r . ~o pe.+- ~,anc-~ rP`e-1~~ license taxes for prior tax years and tax year 1996; (b) the ~'70d Commissioner of the Revenue and Cox agree that Cox be classified as ~ a Retailer under Chapter 10, "LICENSES", of the Roanoke County F S Code; (c) Cox agrees to withdraw any objection to thist.~ ... 11~~ ~ classification or assessment and levy of license taxes by the l0 ~ ' n Commissioner and the County; (d) Cox agrees to pay said license ~ ~1 taxes under the Retailer classification beginning January 1, 1997; ~ ... and (e) this license tax shall not be reflected on the monthly a ll~ bills of any cable television customers. 2. That the County Administrator is hereby authorized to execute such documents and take such actions as may be necessary to accomplish the purposes of this resolution, in conjunction with the Commissioner of the Revenue, all upon form approved by the County Attorney. G:\ ATTORNEI!\ PMM\ COXSETTL. RES O~ ROANp~~ ti 'p 2 G7 1838 P.O. BOX 29800 5204 BERNARD DRIVE MARY H. ALLEN, CMC ROANOKE, VIRGINIA 24018-0798 CLERK TO THE BOARD (703) 772-200rJ FAX (703) 772-2193 December 18, 1996 Ms. Susan J. Cloeter 3633 Larson Oaks Drive Roanoke, VA 24018 Dear Ms. Cloeter: BRENDA J. HOLTON DEPUTY CLERK The members of the Board of Supervisors wish to express their sincere appreciation for your previous service to the Blue Ridge Community Services Board of Directors. Citizens so responsive to the needs of their community and willing to give of themselves and their time are indeed all too scarce. I am pleased to inform you that, at their meeting held on Tuesday, December 17, 1996, the Board of Supervisors voted unanimously to re-appoint you as a member of the Blue Ridge Community Services Board of Directors for another three year term. Your term will expire December 31, 1999. 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. Very truly yours, Mary H. Allen, CMC Clerk to the Board of Supervisors bjh Enclosures cc: Mr. Fred Roessel, Jr., Executive Director, BRCS ® Recycled Paper 0~ ROANp,Y~ ~' ~ z :~ c~ o k J b 1838 MARY H. ALLEN, CMC CLERK TO THE BOARD ~~~~~ ~~ ~~xC~.~.Q P.O. BOX 29800 5204 BERNARD DRIVE ROANOKE, VIRGINIA 24018-0798 (703) 772-2005 FAX (703) 772-2193 December 18, 1996 Ms. Bonnie Pollock 2123 Wildwood Road Salem, VA 24153 Dear Ms. Pollock: BRENDA J. HOLTt7N DEPUTY CLERK I am pleased to inform you that, at their meeting held on Tuesday, December 17, 1996, the Board of Supervisors voted unanimously to appoint you as a member of the Blue Ridge Community Services Board of Directors to complete the unexpired portion of the three year term of Mr. J. William Pistner. This term will expire December 31, 1998. 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. Very truly yours, Mary H. Allen, CMC Clerk to the Board of Supervisors bjh Enclosures cc: Mr. Fred Roessel, Jr., Executive Director, BRCS ® Recycled Paper O~ ROANp,~.~ 'K. ~ Z ._ v a~ 1838 COUNTY ADMINISTRATOR ELMER C. HODGE (540) 772-2004 P.O. BOX 29800 5204 BERNARD DRIVE ROANOKE, VIRGINIA 24018-0798 FAX (540) 772-2193 December 19, 1996 BOARD OF SUPERVISORS BOB L. JOHNSON, CHAIRMAN HOLLJNS 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 GAVE SPRING MAGISTERIAL DISTRICT (540) 772-2005 Mr. J. William Pistner 3216 Hartley Circle Roanoke, Va 24018 Dear Mr. Pistner: I was recently notified of your resignation from the Blue Ridge Community Services Board of Directors. The members of the Roanoke County Board of Supervisors have asked me to express their sincere appreciation for your previous service on the Blue Ridge Community Services Board of Directors. Allow me to personally thank you for the time you served on this Board. Citizens responsive to the needs of their community and willing to give of themselves and their time are indeed all too scarce. Roanoke County is fortunate indeed_to have benefited from your unselfish contribution to our community. As a small token of appreciation, we enclose a Certificate of Appreciation for your service to Roanoke~County. Sincerely, Bob L~Jo~nson, Chairman Roano a ~unty Board of Supervisors bjh Enclosure cc: Mr. Fred Roessel, Jr., Executive Director, BRCS C~~~t~~~ ~~ ~o~~xz~~~~e ®Recyded Paper 4~ ~~ ~' 44 S~, ~, o~ ,'~~ Q z W~ 0 Q 0 Z 0 V 0 z N V 0 V W h W V W 0 CG O W W OWG a x H a a a • w E5~ owo ~~ ~F~ oc W ~~~~ ~~~ ~~~ zoo awl ~~ a~ v a~ 1 ~. O o o I ~ m a o~ ROANp~.~ ~ ~ ~ 's~ z ~ z ~' a, 1838 COUNTY ADMINISTRATOR ELMER C. HODGE (540) 772-2004 P.O. BOX 29800 5204 BERNARD DRIVE ROANOKE, VIRGINIA 24018-0798 FAX (540) 772-2193 December 19, 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 Rev. Samuel Crews Coopers Cove Baptist Church 2002 Langdon Road, Unit #4 Roanoke, VA 24015-3400 Dear Rev. Crews: On behalf of the Board of Supervisors, I would like to thank you for offering the invocation at our meeting on Tuesday, December 17, 1996. We believe it is most important to ask for divine guidance at these meetings and the Board is very grateful for your contribution. Thank you again for sharing your time and your words with us. With kinde,~ X`egards, Bob ~. Jc~~inson, Chairman Roan ke 1~ my Board of Supervisors C~.aix~#g ~f ~.a~~x~o~~te ® Recycled paper O~ ROANp,I,~ ~' ~ z - c~ ~ a, lase MARY H. ALLEN, CMC CLERK TO THE BOARD C~~~x~#~ ~~ ~.~~xx~.o~~Q P.O. BOX 29800 5204 BERNARD DRIVE ROANOKE, VIRGINIA 24018-0798 (703) 772.2005 FAX (703) 772-2193 December 19, 1996 The Honorable C. Richard Cranwell, Chairman House Finance Committee P. O. Box 459 Vinton, Va 24179 Dear Chairman Cranwell: BRENDA J. HOLTON DEPUTY CLERK Attached is an attested copy of Resolution 121796-19 to the General Assembly REFUSING to support tax exemption of property owned by the Hollins Communciations Research Institute. This resolution was adopted by the Board of Supervisors at their meeting on Tuesday, December 17, 1996. If you need further. information, please do not hesitate to contact me. Sincerely, rn-a-f-.~.- Jd Q~~ Mary H. Allen, CMC Clerk to the Board of Supervisors bjh Attachment cc: Paul M. Mahoney, County Attorney The Honorable R. Wayne Compton, Commissioner of Revenue The Honorable Alfred C. Anderson, Treasurer John W. Birckhead, Director, Real Estate Assessment Hollins Communications Research Institute ® Recyded Paper o~ ROANp~.~ a ~ ti' ~ z ~ c> z o~ 1838 MARY H. ALLEN, CMC CLERK TO THE BOARD C~~uxt#~ ~~ ~.o~xtoC~e P.O. BOX 29800 5204 BERNARD DRIVE ROANOKE, VIRGINIA 24018-0798 (703) 772-2005 FAX (703) 772-2193 December 18, 1996 The Honorable C. Richard Cranwell, Chairman House Finance Committee P. O. Box 459 Vinton, Va 24179 The Honorable H. Morgan Griffith Virginia House of Delegates P. O. Box 1250 Salem, VA 24153 Dear Chairman Cranwell, and Delegate Griffith: BRENDA J. HOLTON DEPUTY CLERK Attached is an attested copy of Resolution 121796-10 to the General Assembly supporting tax exemption of property owned by the Hanging Rock Battlefield and Railway Preservation Foundation and used for its charitable, educational, and recreational purposes on a non-profit basis. This resolution was adopted by the Board of Supervisors at their meeting on Tuesday, December 17, 1996. If you need further information, please do not hesitate to contact me. Sincerely, Mary H. Allen, CMC Clerk to the Board of Supervisors bjh Attachment cc: Timothy W. Gubala, Director, Economic Development Paul M. Mahoney, County Attorney The Honorable R. Wayne Compton, Commissioner of Revenue The Honorable Alfred C. Anderson, Treasurer John W. Birckhead, Director, Real Estate Assessment Hanging Rock Battlefield and Railway Preservation Foundation ® Recyded Paper 0~ AOANpt,~ s ti p 2 L7 ~ a rasa MARY H. ALLEN, CMC CLERK TO THE BOARD C~~~xxt~~ ~~ ~~axz~~~e P.O. BOX 29800 5204 BERNARD DRIVE ROANOKE, VIRGINIA 24018-0798 (703) 772-2005 FAX (703) 772-2193 December 18, 1996 Ms. Mary F. Parker, Clerk, Roanoke City Council Ms. Carolyn S. Ross, Clerk, Vinton Town Council Mr. Forest Jones, Clerk, Salem City Council Mr. Gerald A. Burgess, Botetourt County Administrator Dear Ms. Parker, Ms. Ross, Mr. Jones and Mr. Burgess: BRENDA J. HOLTON DEPUTY CLERK Attached is a certified copy of Resolution 121796-16 approving and authorizing amendments to the Regional Sewage Treatment Contract on behalf of the County of Roanoke with the City of Roanoke, the City of Salem, the County of Botetourt, and the Town of Vinton. This resolution was adopted by the Board of Supervisors at their meeting on Tuesday, December 17, 1996. If you need further information, please do not hesitate to contact me. Sincerely, Mary H. Allen, CMC Clerk to the Board of Supervisors bjh Attachment cc: Gary Robertson, Director, Utility Paul M. Mahoney, County Attorney ® Recyded Paper ~F AOANp,,~~ ti~ ~ ~ ~ 1838 P.O. BOX 29800 5204 BERNARD DRIVE MARY H. ALLEN, CMC ROANOKE, VIRGINIA 24018-0798 CLERK TO THE BOARD (703) 772-200rJ FAX (703) 772-2198 December 18, 1996 Mr. William B. Hopkins, Jr. Martin, Hopkins, and Lemon, P. C. P. O. Box 13366 Roanoke, VA 24033 Dear Mr. Hopkins: BRENDA J. HOLTON DEPUTY CLERK Attached is a certified copy of Resolution 121796-11 pursuant to Section 15.1-238 (E) of the Code of Virginia, 1950, as amended, authorizing the acquisition of an easement through a parcel of land owned by Michael C. Martin. and Faye H. Martin for the Water Transmission Line Project. This resolution was adopted by the Board of Supervisors at their meeting on Tuesday, December 17, 1996.. If you need further information, please do not hesitate to contact me. Sincerely, Mary H. Allen, CMC Clerk to the Board of Supervisors bjh Attachment cc: Paul M. Mahoney, County Attorney Gary Robertson, Director, Utility John W. Birckhead, Director, Real Estate Assessment ® Recyded Paper O~ ROANp,Y~ ti ~ ~ z _ c~ v L a2 1838 COUNTY ADMINISTRATOR ELMER C. HODGE (540) 772-2004 5204 BERNARD DRIVE ROANOKE, VIRGINIA 24018-0798 FAX (540) 772-2193 December 18, 1996 Mr. Randolph H. Vest Ms. Linda C. Vest 620 W. 4th Street Salem, VA 24153 Dear Mr. and Ms. Vest: (540) 772-2005 On December 17, 1996, the Board of Supervisors took action to rescind an earlier resolution adopted on November 19, 1996, authorizing eminent domain proceedings to acquire your one acre tract of real estate for the Country Farm Road Improvement Project. Subsequent to the our action on November 19, 1996, the Board was informed that the Virginia Department of Transportation recommended that the improvements to Country Farm Road are no longer necessary. at this time. Therefore, the acquisition of your property is no longer required as a result of the VDOT change to this project. On behalf of the Board of Supervisors, I wish to express our regrets for any inconvenience our earlier action may have caused you. The County is still interested in acquiring your property for a fair and reasonable price. We believe that road improvements both to U. S. Route 460 and to Country Farm Road will be necessary in the near future. I hope that negotiations to acquire your property, or a portion of your property, can continue. May you and your family have a happy and enjoyable holiday season. Sincerely, Bob L. Jo Chairman BLJ/PMM/spb P.O. BOX 29800 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 MAGIS7ERIAL DISTRICT ® Recycled Paper ~O~lYOKK COUNTY ~TTO~NKY'S O~~'ICK Roanoke County Administration Center 5204 Bernard Drive, S. W. -Room 431 Roanoke, VA 24018-0798 772-2007 MEMORANDUM TO: Board of Supervisors FROM: Paul M. Mahoney ~~^(~ Cn DATE: 13 December 1996 SUBJECT: Executive Session With respect to the several Executive Session items scheduled for December 17, 1996, enclosed you will find the following materials: 1. Memorandum and Resolution regarding settlement of a license tax claim against Cox Cable Roanoke 2. Resolution concurring in the extension of the Statute of Limitations on behalf of Kroger Co. for the purpose of applying for relief from an assessment of license taxes 3. Resolution rescinding resolution 111996-13 and withdrawing the authorization to acquire a one acre parcel of land from Randolph H. Vest, Jr. and Linda C. Vest for the Country Farm Road Improvement Project by eminent domain proceedings ~O~NOKK COUNTY ~TTO~N~S O~~'ICK Roanoke County Administration Center 5204 Bernard Drive, S. W. -Room 431 Roanoke, VA 24018-0798 772-2007 MEMORANDUM TO: Board of Supervisor FROM: Paul M. Mahoney DATE: 13 December 1996 SUBJECT: Cox Cable and BPOL (II) This memorandum is a follow-up to my memorandum of November 26,1996, on this topic. On December 10, 1996, Gretchen Shine and Robert Glenn, Esq. of Cox Cable met with Joe Obenshain and me to discuss the Board's demand for retroactive BPOL tax payments to August of 1994. Mr. Glenn estimated this total tax liability to be approximately $101,000; and the tax liability for tax year 1996 to be $41,000 (less the credit for satellite operations of $8,500). Mr. Glenn offered as a compromise that Cox pay the 1996 BPOL license tax, less the satellite credit (the recently enacted Federal Telecommunications legislation specifically prohibits local taxation of these operations; therefore Cox would be entitled to a refund of these taxes). This net payment would be $32,500 ($41,000 less $8,500 already paid for satellite operations). Cox would then pay $.20 per $100 gross receipts for future tax years, and that this tax would not be reflected on customer bills. Next, Mr. Glenn and Ms. Shine reminded us that the County "lured" Cox to construct its facility in the County, and that County officials made certain representations to it that Cox was not subject to BPOL. These representations justify eliminating any retroactive attempt to tax Cox Cable for BPOL. Finally, we discussed the County proposal that the retroactive amount be identified on each customers' bill. They expressed concerns about customer objections and loss of customers. To accomplish this retroactive billing, Cox would have to amend its recent filing with the FCC, seeking permission to include this item on the monthly bill. Since there is no precedent for this, they doubted favorable action by the FCC. They stated that it would only appear on County customers' bills. We objected, asserting that it should appear on all customers' bills. They replied fear of City and customer objections, which would jeopardize any FCC approval, and that their recent City settlement was not included on County customers' bills. We advised the Cox Cable representatives that we would discuss these issues with the Board in executive session on December 17, 1996. We also suggested that they be present and available to address any further issues that may arise from our meeting. Absent litigation, I believe that this is the best compromise available. If the Board concurs, I recommend that the Board adopt in open session the attached resolution authorizing and approving the settlement of this dispute. c: R. Wayne Compton Elmer C. Hodge G:\ ATTORNEY\PMM\COXCABL2.MEM AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, DECEMBER 17, 1996 RESOLUTION AUTHORIZING AND APPROVING THE SETTLEMENT OF A LICENSE TAX CLAIM AGAINST COX CABLE ROANOKE WHEREAS, the Commissioner of the Revenue and the Board of Supervisors of Roanoke County, Virginia (the "County") and Cox Cable Roanoke ("Cox") have disagreed with respect to the liability of Cox for business, professional and occupational license taxes; and, WHEREAS, the County and Cox desire to settle this dispute amicably in order to avoid the expenses and uncertainty of litigation; and, WHEREAS, the County and Cox have negotiated a settlement of their dispute. NOW THEREFORE, Be It Resolved, By the Board of Supervisors of Roanoke County, as follows: 1. That in settlement of this dispute (a) Cox agrees to pay to the County the sum of ~ to satisfy any liability for license taxes for prior tax years; (b) the Commissioner of the Revenue and Cox agree that Cox be classified as a Retailer under Chapter 10, "LICENSES", of the Roanoke County Code; (c) Cox agrees to withdraw any objection to this classification or assessment and levy of license taxes by the Commissioner and the County; (d) Cox agrees to pay said license taxes under the Retailer classification beginning January 1, 1997; and (e) this license tax shall not be reflected on the monthly bills of any cable television customers. 2. That the County Administrator is hereby to execute such documents and take such actions as may be necessary to accomplish the purposes of this resolution, in conjunction with the Commissioner of the Revenue, all upon from approved by the County Attorney. G:\ ATTORNEY\ PMM\ COXSETTL. RES AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON Tuesday, DECEMBER 17, 1996 RESOLUTION CONCURRING IN THE EXTENSION OF THE STATUTE OF LIMITATIONS ON BEHALF OF THE KROGER CO., AN OHIO CORPORATION, FOR THE PURPOSE OF APPLYING FOR RELIEF FROM AN ASSESSMENT OF LICENSE TAXES WHEREAS, the Commissioner of the Revenue has assessed The Kroger Co., an Ohio corporation, (the "Company") with certain business, professional and occupational license taxes ("license taxes") for the tax year 1993; and, WHEREAS, the Company has raised certain objections with respect to the assessment of these license taxes, and has sought a refund thereof; and, WHEREAS, the Commissioner of the Revenue, the County of Roanoke and the Company seek amicably to resolve this dispute with respect to these license taxes; however, the statute of limitations for filing an application for relief to the circuit court from this assessment expires on December 31, 1996 in accordance with the provisions of Section 58.1-3984, of the Code of Virginia, 1950, as amended. NOW THEREFORE, Be It Resolved, by the Board of Supervisors of Roanoke County, as follows: 1. That the Board concurs in extending the applicable statute of limitations for the filing of an application for relief to the circuit court by The Kroger Co. from an assessment of license taxes for the tax year 1993 for a period of time not to exceed _ months, until 1997. 2. That the County Administrator is hereby to execute such documents and take such actions as may be necessary to accomplish the purposes of this resolution, in conjunction with the Commissioner of the Revenue, all upon from approved by the County Attorney. G:\ ATTORNEY\PMM\KROGRSOF.RES AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, DECEMBER 17, 1996 RESOLUTION RESCINDING RESOLUTION 111996-13 AND WITHDRAWING THE AUTHORIZATION TO ACQUIRE A ONE ACRE PARCEL OF LAND FROM RANDOLPH H. VEST, JR. AND LINDA C. VEST FOR THE COUNTRY FARM ROAD IMPROVEMENT PROJECT BY EMINENT DOMAIN PROCEEDINGS WHEREAS, on November 19, 1996, the Board of Supervisors of Roanoke County adopted Resolution 111996-13 pursuant to Title 25 and Sections 15.1-236 and 15.1-238 of the 1950 Code of Virginia, as amended, authorizing the acquisition of a 1-acre parcel of land from Randolph H. Vest, Jr. and Linda C. Vest for the Country Farm Road Improvements Project by eminent domain proceedings; and WHEREAS, based upon the recommendation and approval of the Virginia Department of Transportation, the improvements to Country Farm Road for purposes of this project are no longer necessary at this time; and WHEREAS, the acquisition and condemnation of the Vest property is longer required as a result of the VDOT changes to the road improvement project; and WHEREAS, the Board of Supervisors deems it in the best interests of the public to rescind Resolution 111996-13. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County as follows: 1. That the acquisition of this property for the Country Farm Road Improvement Project is no longer necessary. 2. That Resolution 111996-13 is hereby rescinded and the Board withdraws its authorization to acquire a one acre parcel of land from Randolph H. Vest, Jr. and Linda C. Vest for the Country Farm Road Improvement Project by eminent domain proceedings. 3. That this Resolution is effective immediately upon its adoption. C:\OFFICE\WPWIIV\WPDOCS\ AGENDA\ECON\ VFSf.RES CONFIDENTIAL MEMORANDUM TO: Board of Supervisors FROM: John Chambliss ~~- SUBJECT: Social Services Lease DATE: December 13, 1996 The County received two responses to our Request For Proposal to provide office space for the Department of Social Services. One is for the continuation of leased space in the Salem Bank and Trust Building where they are located today and the second is for the First Virginia Bank Building immediately across the street from that site. While the number of responses is small, I feel that they are appropriate and will work to provide a suitable site for our operation. We advertised the RFP in the newspaper and also specifically sent the information to eight property,managers that we have worked with before in an attempt to find other suitable alternafives. Our existing lease for the space in the Salem Bank and Trust Building expires on February 28, 1997 and we needed to give a 60 day notice if we did not plan to renew. I have asked for an extension of the ability to cancel the existing lease because the Salem Bank and Trust Building is in the process of being sold and neither the current owner (Signet Bank) nor the potential investor can commit before the end of December the hard financial data required to settle on a lease. Should we choose to move to another site such as the First Virginia Bank building, we would need to work with a space planner for that specific building to layout a possible design and provide renovation cost estimates so that we can finalize the negotiations for that type of space. With the advancing of the implementation of Welfare Reform for our area and its resulting changes to the work flow and needs of our staff, the modification of the state computer system and the needed improvements to the space occupied by our Department of Social Services today, we need to include these changes in the finalized lease arrangements. As I have reported to you in the past, the State pays 80% of this administrative cost, the City of Salem 6% and the County 14%. We plan to discuss this matter with the Board in Executive Session on December 17 and will present a resolution authorizing the extension of the ability to cancel the existing lease at that time. Printed by Mary Allen / ADMO1 11/06/96 2:47pm From: Paul Mahoney / ADMO1 To: Susie Owen / ADMO1 Subject: fwd: Hanging Rock Foundation tax exemption --------------------------------------- ===NOTE====------=====11/06/96=10:11am= CC: Sue Patterson-Bane / ADMO1 ....................................... Susie, please give this message to TWG. I spoke this morning with Jim Douthat. He is still awaiting receipt of the deed from the Daughters of the Confederacy. He prefers only one public hearing before the BofS for both properties. Therefore we agreed to wait, and submit this Petition to BofS at its 12/17 meeting. He will send me a new petition including the Daughters of Confedracy property. This office will prepare the legal notice for the 12/17 public hearing, and the Resolution for BofS action. Can you prepare the BofS report for this action? Thank you. Fwd=by:=Sue=Patterson=11/06/96=10:24am= Fwd to: Mary Allen / ADM01 ....................................... FYI --------------------------------------- Page: 1 PUBLIC NOTICE Please be advised that the Board of Supervisors of Roanoke County, Virginia, at its meeting on December 17, 1996, at the Roanoke County Administration Center, 5204 Bernard Drive, S.W., Roanoke, Virginia, at 7:00 p.m. or as soon thereafter as the matter maybe heard, will hold a public hearing and second reading on the following matter, to-wit: ORDINANCE AMENDING AND REENACTING PORTIONS OF CHAPTER 5, ANIMALS AND FOWL, AND REPEALING SECTION 5-69. VACCINATION CLINICS OF DIVISION 3 OF ARTICLE II OF CHAPTER 5, ANIMALS AND FOWL, OF THE ROANOKE COUNTY CODE TO CLARIFY THE AUTHORITY OF COMMUNITY SERVICE OFFICERS OF THE ROANOKE COUNTY POLICE DEPARTMENT TO ENFORCE THE COUNTY'S ANIMAL CONTROL ORDINANCES, AND TO INCREASE THE FEES FOR BOARDING AND PICKUP OF ANIMALS. All members of the public interested in this matter may appear and be heard at the time and place aforesaid. sHx~ ~, Paul M. Mahoney County Attorney Please publish on the following dates: Tuesday, December 3, 1996 Tuesday, December 10, 1996 Please send the invoice to: s D ~~ ~0 9(0 Roanoke County Board of Supervisors P. O. Box 29800 Roanoke, VA 24018-0798 ~~ .~o ur n a 1 7k~+- CTransm i t ] No. Location Mode Start Time Page Result Note 001 NORPIRL 11/15 9:51 2'32" 4 0 K Manual 002 UTILITIES NORMAL 11115 10:42 1'22" 3 0 K 003 UTILITIES NORMAL 11/15 10:48 0'40" 1 O K 004 97740961 NORMAL 11/15 14:18 2'09" 5 0 K 005 ANGI NORMAL 11/15 16:02 1'46" 3 0 K 006 804 NORMAL 11/15 16:19 0'39" 1 O K Manual 001 WFIR NORMAL 11/18 10:36 6'50" 11 O K 002 97740961 NORMAL 11/18 15:38 2'51" 6 0 K 001 97729361 NORMAL 11/19 9:18 2'31" 7 0 K 001 F&G CUSTOMER SE NORMAL 11/20 9:19 0'48" 1 0 K Manual 002 99813415 NORMAL 11/20 12:09 1'14" 2 0 K CR~cei~~] No. Location Mode Start Time Page Result Note 005 NORMAL 11/14 13:28 5'39" 10 0 K 006 15403876145 NORMAL 11/14 15:09 2'21" 4 0 K 001 RKE SOCIAL SERVI NORMAL 11/15 9:29 10'32" 19 0 K 002 15403876112 NORMAL 11/15 10:27 0'54" 2 0 K 003 5402317067 NORMAL 11/15 12:12 0'44" 2 R. 3.1 004 5402317067 NORMAL 11/15 12:15 0'59" 5 0 K 001 772-9361 FINE 11f16 15:31 1'34" 2 0 K 001 5409837711 NORMAL 11/18 11:22 1'16" 2 O K 002 5403668401 NORMAL 11/18 14:47 1'25" 2 D K 003 17037722522 NORMAL 11118 15:03 0'52" 1 O K 004 5403668401 NORMAL 11f18 15:11 1'47" 3 0 K 005 7035618114 NORMAL 11/18 17:04 4'47" 8 0 K 001 15403437315 FINE 11/19 13:42 0'45" 1 0 K 001 5405623987 NORMAL 11f20 8:58 3'57" 7 0 K ROANOKE COUNTY ATTORNEY'S OFFICE (540) 772-2071 TELECOPY INFORMATION DATE: November 20, 1996 TO: Name: Patti Connelly Firm: Roanoke Times & World News Location: Telecopy No: 981-3415 No. of Pages: 2 (including cover sheet) FROM: Name: Wanda Riley Firm: Roanoke County, Virginia Location: 5204 Bernard Drive, S.W. P. O. BOX 29800 Roanoke, VA 24018-0798 Telecopy No: Telephone No: 540-772-2089 540-772-2071 Any documentation or information included as part of this transmittal, including, without limitation, this cover sheet and any and all attachments or exhibits, is intended solely for the use of the person shown as the recipient hereon and is confidential and privileged attorney-client information unless otherwise indicated. Attached is Public Notice to be published on December 3 and December 10 - /..Y v Printed by Mary Allen / ADMO1 11/21/96 9:52am From: Mary Allen / ADMO1 CONFIRMED To: Johr,;Chamblis / ADMO1 Subject: fwd..: lease for Social Services ===NOTE====__~.=__=====11/21/96==9:17am= At debriefingst~rday, did ECH and you ever decide whe too bring Social Services lease to BOS? I,LLit 12/3 or 12/17. I'll put on 12/3 agenda and remove if you let me know. Fwd=by:=John=Chamblis=11/21/96==9:42am= Fwd to: Mary Allen / ADMO1 ....................................... Mary, We are re-bidding the lease so it will be at least as late as the Dec 17 meeting, perhaps the first in January. John Chambliss Page: 1 November ?.2, 1996 Hanging Rock Railway and Battlefield Preservation Found: c/o Tim Gubala, Board Member P.o. Box 29800 Roanoke VA 24018-0798 Re: Phase II Hanging Rock Trail Application Revision Dear Mr. Gubala: This letter will serve as the agreement between the Ha Preservation Foundation (Owner) and Hili Studio, P.C. (lar services as outlined. The goal of this project is for the revi application for ISTEA grant funding by January 31, 1997. Hil application, based on the material that was part of the 1996 of the original grant. The following process is proposed: SCOPE OF WORK: i. Conduct Inftlal Public Meeting The Organization will be responsible for .inviting Key Board Mambers, Business Leaders, City and County Officials, Professionals, and others to this grant Kick-off Meeting. This is scheduled for December 2, 1996 at Hiil Studio. • Identify Desirable/Desired Program Characteristics from last year's application. • Evaluate and Analyze Existing Site and Situation, and changes that may be appropriate for equitable Inclusion !n Phase ll resubmiftal Phase II shall be comprised of the following components: 1. Mason's Creek Pedestrian Foot Bridge ($100,000) 2. Brubaker House Orientation Center and Battlefield Restoration • Building restrooms, New Restrooms, Security, Parking, HC improvements.($238,000) 3. Coal Pier Restoration ($35,000) • All proposed components 4. AEP /Hanging Rock Trail & Observation Platform ($97,000) II. Develop Grant Proposal to Draft Stage • Prepare any amendments to existing Design Master Plan, Sections, Illustrations • Prepare Phasing and Budgeting Plans for ISTEA component • Produce Draft Text for Review by Committee III. Provide Materials for Public Hearings • Provision of Illustrative Plans for others to present to Salem City Council and to Roanoke County Board of Supervisors • Provision of Implementation Strategy IV. Final Draft Documentation • Production of Final Application, including text, cost estimate, phasing V. Submittal to Funding Sources • Final Submittal of Report to Client and applicable Agencies Printed by Mary Allen / ADMO1 11/25/96 2:52pm From: Terry Harrington / ADMO1 Confirm receipt To: Mary Allen / ADM01 Subject: fwd: Item for 12/17 agenda --------------------------------------- ===NOTE====------=====11/25/96=12:26pm= Mary... Please add the following consent agenda item for December 17th: RESOLUTION REQUESTING APPROVAL BY THE VIRGINIA DEPARTMENT'f• F TRANSPORTATION OF THE EXPANSION OF EI EXISTING GATEWAY BEAUTIFICATION SITES D THE ADDITION OF ONE PROPOSED GATEWAY TIFICATION SITE WITHIN PUBLIC RIGHTS 0 AY IN ROANOKE COUNTY. I have all of the "Whereas's and therefores" ready to go into a resolution format. I'll send up the resolution with the BOS report unless you would like it earlier. Terry. Fwd=by:=Mary=Allen=/___________________ Fwd to: Terry Harrington / ADMO1 ....................................... Thanks - I'll add to 12/17 agenda. --------------------------------------- Page: 1 Printed by Mary Allen / ADMO1 12/04/96 2:05pm --------------------------------------- From: Terry Harrington / ADMO1 Confirm receipt To: Mary Allen / ADMO1 Subject: fwd: Dec 17th agenda item --------------------------------------- ===NOTE====------=====12/04/96=11:39am= Please add.. the following new business item to the Board's afternoon session: Approval o~ smith Gap Landfill Host Community Fund E~enditure Plan I will be preparing Board Report, but I expect that John Hubbard will be presenting the plan to the BOS. Thanks..... T. Fwd=by:=Mary=Allen=/___________________ Fwd to: Terry Harrington / ADM01 Thanks. ECH gave me letter from John Hubbard this morning. Page: 1 Printed by Brenda Holton / ADMO1 11/07/96 3:22pm From: Amy Shelor / PFR01 CONFIRMED To: Brenda Holton / ADM01 Subject: fwd: Quarter Century Club ===NOTE====_~____=====11/07/96==3:15pm= December 17th ~t 7:OOpm is fine for the presentation. 'I thought there was going to be only one Boare~ meeting in December - but I may have confused it~with November. Fwd=by:=Brenda=HoltCll/07/96==3:18pm= Fwd to: Amy Shelor / PFR01 ....................................... Thanks for responding. We have you down for 12/17 at 7 p.m. Fwd=by:=Amy=Shelor=/==11/07/96==3:21pm= Fwd to: Brenda Holton / ADMO1 ....................................... Thanks for your help - I will have a Board report to you before December 9. Page: 1 o~ EiOANps.~ G 2 °~ az C~.~a~xx~~ ~a~ ~~xx~.aa.~.~ rasa P.O. BOX 29800 5204 BERNARD DRIVE MARY H. ALLEN, CMC ROANOKE, VIRGINIA 24018-0798 CLERK TO THE BOARD (703) 772-2005 FAX (703) 772-2193 MEMORANDUM TO: Amy Shelor FROM: Brenda Holton ,~~2P~,.,~Qa~ BRENDA J. HOLTON DEPUTY CLERK DATE: November 5, 1996 SUBJECT: FIRS RESCUE QUARTER CENTURY CLUB ,~ Amy, thanks for your memo ovember 4th requesting recognition of fire and rescue volunteers who have served twenty-five years. Mary Allen and I thought that the December 17, 1996 meeting at 7 p.m. would be acceptable for the presentations. The other December meeting is December 3rd and that is only a 3 p.m. meeting. Before the December 9th agenda staffmeetiiig, you will need to provide us with a Board report. Since I assume we will use the same resolution from 12/13/94, I will prepare individual resolutions inserting the names that you sent. Attached is a sample resolution for your review. If there are any changes or December 17th is not agreeable for the presentations, please let me know. Attachment BJH cc: Mary Allen ® Recyded Paper RESOLUTION OF APPRECIATION TO GLEN T. BANDY FOR OVER 25 YEARS OF DEDICATED SERVICE TO THE COUNTY OF ROANOKE WHEREAS, Roanoke County is indebted to the volunteers who provide fire and rescue service to the citizens of the County; and WHEREAS, these men and women dedicate countless hours, unpaid but appreciated, to ensure the safety of the people and property of Roanoke County; and WHEREAS, due to the complexity of family and business life, few volunteers are able to maintain this type of commitment over a long period of time, as demands on their time and energy increase; and WHEREAS, Roanoke County wishes to recognize those people who have been able to • continue in service to the citizens of the County, and has established a Quarter Century Club for the volunteers who have served for over 25 years. NOW, THRRF.FORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, on its own behalf and on the behalf of the citizens of the County, does hereby express its deepest appreciation to GLEN T. BANDY for over twenty-five years of service as a volunteer with the Roanoke County Fire and Rescue Department; and FURTHER, BE TT RESOLVED, that Glen T. Bandy is hereby certified as a member of the Quarter Century Club for Volunteers in Roanoke County. Mary H. Allen, Clerk Lee B. Eddy, Chairman Edward G. Kohinke, Sr., Vice-Chairman Bob L. Johnson H. Odell "Fuzz' Minnix Harry C. Nickens • • /.2-/~ -~jGt.r~ ~G~c-~ /~e r ~e o ~ ~ - ~ c-~ t,,,~ 5; Daft .•~ ._./ ~~~C. Printed by Mary Allen / ADMO1 12/06/96 9:OOam From: Mary Allen / ADMO1Confirm receipt To: Sue Patterson-Bane / ADM01, Susie Owen / ADM01 Subject: HANGING ROCK TAX EXEMPTION --------------------------------------- ===NOTE________________________________ I have Board Report from Susie O. on requst for tax exempt status for above for 12/17 agenda. I also have copy of e-mail from 11/6 from Sue P-B that PMM office will prepare legal notice for public hearing. I don't have copy of public hearing notice. Is this a public hearing, has it been advertised? If so, can I have copy of legal notice? Page: 1 Printed by Mary Allen / ADM01 12/06/96 1:23pm From: Mary Allen / ADMO1 CONFIRMED To: John Chamblis / ADMO1 Subject: fwd: Board Agenda - 12/17 --------------------------------------- ===NOTE====------=====12/06/96==9:44am= Two more possible items in my files: Revisions to the SPCA contract and Use of County Facilities for joint Extension Office. Are these on or off for 12/17. Fwd=by:=John=Chamblis=12/06/96=12:13pm= Fwd to: Mary Allen / ADM01 ....................................... Mary, I do not know yet about the SPCA, but the VPI Ext report will probably be in January. John Page: 1 Board of Supervisors Agenda Topics December 17, 1996 Meeting as of December 9, 1996 Resolution Authorizing the County Administrator to Execute a Lease to house the Department of Social Services. 2. Request to Use the House Located at 3330 Valley Forge Avenue (behind the Brambleton Center) to House Part of the Offices of the Cooperative Extension Program. 3. Requesty''to~~~ute a Contr ct with t oano Valle PCA for the Impoundment of Animals. Memo to Board concerning the Detention Center Sohn Chambliss NOTICE OF PUBLIC HEARING The Board of Supervisors of Roanoke County will hold a public hearing on Tuesday, December 17, 1996, at 7:00 p.m. at the Roanoke County Administration Center, 5204 Bernard Drive, Roanoke County, Virginia, on the petition of Hollins Communications Research Institute (the "Institute") to adopt a resolution supporting its request to the Virginia General Assembly to exempt from taxation certain property owned by the Institute and situate in the County of Roanoke. The assessed value of the property owned by the Institute in the County of Roanoke is $222,700.00. The property was previously owned by Osceola-Roanoke Lodge #47, Knights of Pythias. Osceola-Roanoke Lodge #47, Knights of Pythias, because of its tax exempt status, paid no direct taxes to the County on this property in recent years. The property is currently assessed for real estate tax purposes at $222,700.00 for fiscal year 1996-97. Real estate taxes for fiscal year 1996-97, should the exemption not be granted, would total $2,516.51. Citizens are welcome to attend and will have the opportunity to be heard upon this resolution. Paul M. Mahoney Roanoke County Attorney Please publish on December 12, 1996. Please send bill to: Ms. Mary H. Allen, Clerk Roanoke County Board of Supervisors P.O. Box 29800 Roanoke, VA 24018 C:\WPDOC\DECW OLLINS.NOT NOTICE OF PUBLIC HEARING The Board of Supervisors of Roanoke County will hold a public hearing on Tuesday, December 17, 1996, at 7:00 p.m. at the Roanoke County Administration Center, 5204 Bernard Drive, Roanoke County, Virginia, on the petition of The Hanging Rock Battlefield and Railway Preservation Foundation (the "Foundation") to adopt a resolution supporting its request to the Virginia General Assembly to exempt from taxation certain property owned by the Foundation and situate in the County of Roanoke. The assessed value of the property owned by Foundation in the County of Roanoke is $51,600.00. The property was previously owned by No and Western Railway Company and the Virginia Division of the Daughters of the Confederacy, orporated. Norfolk and Western Railway Company was taxed on this property as a public se corporation. The Virginia Division of the Daughters of the Confederacy, because of its tax ex status, paid no direct taxes to the County on this property in recent years. These properties are currently assessed for real estate tax purposes at $51,600.00 for fiscal year 1996-97. Real estate taxes for fiscal year 1996-97, should the exemption not be granted, would total $583.08. Citizens are welcome to attend and will have the opportunity to be heard upon this resolution. Paul M. Mahoney Roanoke County Attorney Please publish once on December 12, 1996. Please send bill to: Ms. Mary H. Allen, Clerk Roanoke County Board of Supervisors P.O. Box 29800 Roanoke, VA 24018 C:\WPDOC\DECUiANGROC.NOT Printed by Mary Allen / ADMO1 12/06/96 1:24pm From: Mary Allen / ADMOlConfirm receipt To: John Chamblis / ADMO1 Subject: fwd: Lease Social Services --------------------------------------- ===NOTE====------=====12/06/96==9:02am= Is approval of the lease for Social Services at Salem Bank & Trust on for the 12/17 agenda? Fwd=by:=John=Chamblis=12/06/96=12:13pm= Fwd to: Mary Allen / ADMO1 ....................................... Mary, We only received one new proposal when the deadline arrived yesterday and it appears higher priced than the cost for the SBT Building. It will probably be Tuesday of next week before I know definitely know the direction. Please add it to the preliminary agenda and I will pull it if required. John Fwd=by:=Mary=Allen=/___________________ Fwd to: John Chamblis / ADM01 ....................................... THANKS! --------------------------------------- Page: 1 Printed by Mary Allen / ADMO1 12/06/96 1:24pm --------------------------------------- From: Mary Allen / ADMOl To: Terry Harrington / ADMO1 Subject: fwd: COMP PLAN WORK SESSION --------------------------------------- ===NOTE====------=====12/06/96==9:01am= Is a work session on the Comprehensive Plan still scheduled for 12/17? Fwd=by:=Terry=Harring=12/06/96=12:34pm= Fwd to: Mary Allen / ADM01 ....................................... yes.. we plan on being prepared for the worksession. I will have board report up to you the first part of the week. t. Page: 1 ~~ (1) Second reading of Ordinance -Amendments to Chapter 5, Animals and Fowl, of the Roanoke County Code. Also, authorize County Administrator to execute the revised contract with SPCA. (2) Consent Agenda -Donation of right-of--way from Dennis E. Phelps and Sandra Phelps to the Board of Supervisors of Roanoke County in connection with the Pinkard Court Rural Addition Road Project. k~ ~~~ Con emnation -Weeks and Martin -Bill Hopkins Sani~~y Sewer Easement Acquisition -Westward Lake Sanitary Sewer Project -Gary Robertson request Water line easement - Fralin & Waldron and Minh & Su Dinh -Gary Robertson request ~*,~' ,~~ Boa1~ of Appeals -Fire Prevention - 2nd reading ~\ MARTINS HOPKINS & LEMONS P.C. Attorneys at Law 1000 First Union Tower Telephone 540/982-1000 10 South Jefferson Street Facsimi-e saoi982-2015 ~ Roanoke, Vir~i:tia 24011-1314 December 2, 1996 HAND DELIVERED Martha Plank Legal Advertising The Roanoke Times 201 Campbell Avenue, S.W. Roanoke, Virginia 24011 Re: Public Notice S~ - c ~ m~ .... ; ~ ~. Dear Martha: r• ~ `~~ '' ' "'-`Please' find enclosed a Public Notice which I would appreciate you~pl.acing in the legal advertising section of the Roanoke Times to run on Saturday, December 7, 1996 and on Saturday, December 14, 1996. Thank you for your assistance. If you have any questions or comments, please do not hesitate to call. Very truly yours, L"`1E'~1(1'l1V , t1UPl(11V S & LEi~lUP1 , P . (.: . William B. Hopkins, Jr. WHJ/gfh Enclosure: cc:.~Paul'M Mahoney., Esq -, " Michaelr' C `` Ma"rtin Faye,:H. Martin '' ' '" Raymond C . Weeks Barbara Q. Weeks PUBLIC NOTICE Notice is hereby given that a public hearing will be held by the Roanoke County Board of Supervisors at the Roanoke County Administration Center, 5204 Bernard Drive, Roanoke, Virginia, on December 17, 1996 at 7:00 p.m., or as soon thereafter as the matter may be heard, pursuant to Section 15.1-238(E) of the Code of Virginia, 1950, as amended. The purpose of such hearing shall be the consideration of the necessity of acquisition by condemnation or other means of an easement across certain property owned by Michael C. Martin and Faye H. Martin and Raymond C. Weeks and Barbara Q. Weeks and the consideration of the necessity of entering upon and taking an easement across such property prior to or during the condemnation proceeding. The purpose of acquiring an easement over and across the property of Tiichael C. Martin and Faye H. Martin and Raymond C. Weeks and Barbara Q. Weeks is the construction and installation of water transmission lines for transmitting water from the Spring Hollow Reservoir to southwest Roanoke County and north Roanoke County. The property in which an 4 easement will be acquired as described above is as follows: the property of Michael C. Martin and Faye H. Martin - Roanoke County Tax Map No. 44.04-02-49.1; the property of Raymond C. Weeks and Barbara Q. Weeks - Roanoke County Tax Map No. 55.04-01-58. Any member of the public may appear at the time and place aforesaid and address the Board on the matter aforesaid. ~ j V ~ ~-_ Willia B. Hopk s, Jr. Counsel for Roanoke County Board of Supervisors Please publish on the following dates: December 7, 1996 December 14, 1996 Please send bill to: Paul M. Mahoney, Esquire Roanoke County Attorney P. O. Box 29800 Roanoke, Virginia 24108 Printed by Mary Allen / ADM01 12/10/96 11:13am --------------------------------------- From: Sue Patterson-Bane / ADMCONFIRMED To: Gary Robertson / GUPO1, Mary Hale / GUPO1 Subject: Easements --------------------------------------- ===NOTE====------=====12/10/96=11:10am=CC: Mary Allen / ADM01, Paul Mahoney / ADM01 ....................................... Paul put two items on the agenda that you mentioned getting approval for in December. They are Fralin & Waldron and Minh & Su Dinh and Westward Lake Sanitary Sewer Project. PMM says you will need to do a Board Report on these two items. Are they donations? If so, they can go on the consent agenda. Let me know. Thanks. Page: 1 PUBLIC NOTICE Please be advised that the Board of Supervisors of Roanoke County, Virginia, at its meeting on December 17, 1996, at the Roanoke County Administration Center, 5204 Bernard Drive, Roanoke, Virginia, at the evening session beginning at 7:00 p.m. will hold public hearings on the following: ORDINANCE ESTABLISHING A BOARD OF APPEALS AND ESTABLISHING PROCEDURES AND REQUIREMENTS TO HEAR APPEALS FROM DECISIONS MADE UNDER THE PROVISIONS OF CHAPTER 9, "FIRE PREVENTION AND PROTECTION," OF THE ROANOKE COUNTY CODE All members of the public interested in the matters set forth above may appear and be heard at the time and place aforesaid. A copy of the full text of the ordinances 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. . (-tom ~ ~ V~-~-~~~ Paul M. Mahoney County Attorney Roanoke County, Virginia Publish on the following dates: December 15, 1996 o r ~~ Send invoice to : Q-~ '`/ Board of Supervisors I ' `[ Z d~ P. O. Box 29800 Roanoke, VA 24018-0798 ATTENTION: MRS. MARY ALLEN MARTINS HOPKINS & LEMONS P.C. Attorneys at Law Telephone 540/982-1000 Facsimile 540/982-2015 HAND DELIVERED Mary H. Allen, Clerk to Board of Supervisors Roanoke County 5204 Bernard Drive Fourth Floor Roanoke, Virginia 24018 Dear Mary: 1000 First Union Tower 10 South Jefferson Street Roanoke, Virginia 24011-1314 December 11, 1996 Mailing Address P. O. Box 13366 Roanoke, Virginia 24033-3366 Re: Report and Resolution for December 17, 1996 Board Meeting regarding condemnation of property of Mr. and Mrs. Michael C. Martin and Mr. and Mrs. Raymond C. Weeks Please find enclosed an original of a Report and Resolution for the County's December 17, 1996 Board meeting and a disk containing such papers. call. Very truly yours, MARTIN, HOPKINS & LEMON, P.C. ~_ WHJ/gfh Enclosures If anything else is needed, please do not hesitate to William B. Hopkins, Jr. cc: Paul M. Mahoney, Esq. REPORT TO ROANOKE COUNTY BOARD OF SUPERVISORS REGARDING CONDEMNATION OF CERTAIN PROPERTIES AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: DECEMBER 17, 1996 AGENDA ITEM: RESOLUTION PURSUANT TO SECTION 15.1-238(E) OF THE CODE OF VIRGINIA, 1950, AS AMENDED, AUTHORIZING THE ACQUISITION OF AN EASEMENT THROUGH SEPARATE PARCELS OF LAND OWNED BY MICHAEL C. MARTIN AND FAYE H. MARTIN AND RAYMOND C. WEEKS AND DEBORA Q. WEEKS FOR THE WATER TRANSMISSION LINE PROJECT BACKGROUND• As part of the Water Transmission Line Project, a number of properties have been previously acquired. The County has been unable to reach an agreement with the following landowners: Michael C . Martin and Faye H . Martin and Raymond C . Weeks and Debora Q . Weeks. SUMMARY OF INFORMATION: The subject properties are necessary for the Water Transmission Line Project in order to construct water transmission lines from the Roanoke County Water Treatment Plant to various parts of the County. These parcels of land are owned by the persons described above and are more particularly described as follows: (a) OWNER: Michael C. Martin and Faye H. Martin PROPERTY DESCRIPTION: Parcel of land located on Tyler Road, Salem, Virginia (Roanoke County Tax Map No. 44.04-2-49.1) See attached plat identified as "EXHIBIT A" showing water easement and temporary construction easement to be acquired from Michael C. Martin and Faye H. Martin. In an effort to reach a settlement with Michael C. Martin and Faye H. Martin, a written offer of $957.00 was extended to Mr. and Mrs. Martin which was based on an appraisal by Earl G. Robertson as described below. Mrs. Martin is willing to accept this offer, unfortunately, the parties are going through a divorce and Mr. Martin will not respond to the offer. Accordingly, it is necessary at this time to go forward with eminent domain proceedings and to gain immediate right of entry for commencement of Project construction as previously directed by the Board. The County obtained an independent appraisal of the estimated fair market value and damages to the residue for the proposed acquisition of the Michael C. Martin and Faye H. Martin property from Earl G. Robertson, MAI, SRA, of Commonwealth Appraisal Company. Mr. Robertson determined that the estimated market value and damages to the residue of the proposed acquisition is $957.00. The proposed permanent easement is twenty five feet wide. The total easement area is 7,152 square feet. The temporary construction easement is a ten foot wide easement adjacent to the permanent easement. The total area in the temporary construction easement is calculated to be approximately 3,480 square feet. Mr. Robertson valued the permanent easement at $870.00; the value of the temporary construction easement at $87.00; and found no damages 2 to the residue. The total estimated value of the taking, therefore, is $957.00. (b) OWNER: Raymond C. Weeks and Debora Q. Weeks PROPERTY DESCRIPTION: Parcel of land located at 2748 Creekside Drive, Roanoke County, Virginia (Roanoke County Tax Map No. 55.04-1-58) See attached plat identified as "EXHIBIT B" showing water easement and temporary construction easement to be acquired from Mr. and Mrs. Weeks. The County made a written offer of $857.00 to Mr. and Mrs. Weeks. Mr. and Mrs. Weeks declined this offer because they do not want the water transmission line running through their property. As with the Michael C. Martin and Faye H. Martin property, it is necessary to institute eminent domain proceedings and to gain immediate right of entry for commencement of Project construction. The County obtained an independent appraisal of the Weeks property from Earl G. Robertson. Mr. Robertson determined that the estimated market value and damages to the residue of the proposed acquisition is $857.00. The proposed permanent easement is twenty feet wide. The total easement area is 21,632 square feet. The temporary construction easement is ten feet wide and is located adjacent to the permanent easement. The total land area in the temporary construction easement is calculated to be 10,600 square feet. Mr. Robertson determined the value of the permanent easement to be $779.00; the value of the temporary construction easement to be $78.00; and found no damages to the residue. The total estimated value of the taking, therefore, is $857.00. 3 FISCAL IMPACT' Funds are available from the Water Transmission Line Project to pay the appraised value of the interest in these properties. ALTERNATIVES' 1. Adopt a resolution authorizing the acquisition of and immediate right of entry to the subject properties identified above by eminent domain proceedings. 2. Solicit a counter-offer from Mr. and Mrs. Martin and a counter-offer from Mr. and Mrs. Weeks. RECOMMENDATIONS: Counsel recommends that the Board adopt a resolution pursuant to Section 15.1-238(E) of the Code of Virginia, 1950, as amended, and authorize the County Administrator, the County Attorney and Martin, Hopkins and Lemon, P.C. to take such steps as may be necessary to acquire the property, together with all rights incident thereto, by eminent domain proceedings. Submitted by ~ ~.._.,, , 1._~ William B. Hopki Jr. Counsel for Roanoke Cou 4 NOV-27-96 72.21 FROM=LYNCHBIIRG CITY ID=B04B454304 PAGE Energizing Virginia. The Honorable Sob L. Johnson, Chairman Roanoke County Soard of Supervisors P.Q• Box 2800 Roanoke, Vizginia 24018 November 25, ] ~39~ Dear Mr..Tahnson; ~K Qn behalf of the Urban Partnership Executive committee I would like to extznd the in~1itatian to Rc~anake Couzzty to rejoin thc~ Urban Partnership. '1"lte current ei~arts of the Urban Partnership are fecused an the fallowing three l;oals' I. To increase state funding for the Regional Campetitivez~ess Act to X50 million in F~ ]~ and to fully fund the Act in the next biennial budget. ire are encouraged by CYavernar Linwood Bolton efforts, on behalf ox the C Jrban P`aRnership, to secure adrrunistratian and Ie~islative support for this goal. II Deveioprnent of Regiolal Competitiveness Ac# regulations consisteTtt with the intent of the Act and the goals afthe Urban Partnership. t1Ve are at~tively involved with the Department of Housing anti Caznrrlunity Development, the Governor's Advisory Corruttittee far the Regional Competitiveness Act, and S3-R 128, the legislative study conrr~.uttee concerning implem,entativn of the Act. ill. Encourage regions t.o form regional partnerships and apply far the Regional Competitiveness Act incentive funds. I am encouraged by the leuel of interest and actin°ity in localities ro~vard farrlu~rg regiurlal partnerships across the state [ am very pleased to hear that your area }a in the formative stages of developing a regional partnership and that Mr. Eddy ofyaur Board is a member of the the Goverrlar's ,~civisary C'ommittre. l'f the Roanoke County Baaz~d of Supe:rvisnrs have a mutual interest accomplishing in tllese goals I encourage you to rejoin the Urban Partnership now. 1~re ask tar a ~ontrtbutiozi of ~S,Oi10 [rc~m each of our member, Tlie financial contnbutlon c+f each trrembers is izr-puila~lt at this j}}nctl_'re. i hope to hear from you shortly concerning tlus invitation. Sincerely, James Eason. Mayor of the City of Hampton Llrban Partnership Co-Chair cc. The Honorable Mr >~ee Eddy Mr. Eltxzer Hodge '~ .:: 9 Soul}t Fifl}r $trcct, Richnnond V_1 23'219 SU4 b44-7 ti(>7 ; Fba 1:4(14 743-[IGU3