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2/10/1998 - Regular
WORK/NG DOCUMENT -SUBJECT TD REI//s/ON ROANOKE COUNTY BOARD OF SUPERVISORS ACTION AGENDA FEBRUARY 10, 1998 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. Individuals 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 least 48-hours notice so that proper arrangements may be made. A. OPENING CEREMONIES (3:00 P.M.) 1. Roll Call. ROLL CALL AT 3.00 P M - HCN ARRIVED AT 3:05 P.M. 2. Invocation: The Reverend James Ellis, Interim Minister Colonial Avenue Baptist Church 3. Pledge of Allegiance to the United States Flag. B. REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF AGENDA ITEMS NONE C. PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND i AWARDS RECOGNITION OF THE BASKETBALL TEAM WILL BE HELD AT 4.00 1. Resolution of Congratulations to the Glenvar High School Girls Basketball Team for winning the Group A State Championship. R-021098-1 FFH MOTION TO ADOPT RESO URC ACCEPTED BY COACH BRIAN HARVEY AND MEMBERS OF THE TEAM D. BRIEFINGS E. NEW BUSINESS 1. Request to adopt a joint resolution for the expansion of the Roanoke Detention Center to become the Roanoke Valley Juvenile Detention Commission. (John Chambliss, Assistant County Administrator) R-021098-2 BLJ MOTION TO ADOPT RESO URC 2. Request to receive and appropriate Section 18 monies from the Department of Rail and Public Transportation for use by CORTRAN. (John Chambliss, Assistant County Administrator) A-021098-3 FM MOTION TO RECEIVE AND APPROPRIATE FUNDS URC STAFF TO PROVIDE OVERALL TRANSPORTATION COSTS INCLUDING COMPARISONS TO RED LINE AND VALLEY METRO AND COSTS PER TRIP DURING THE BUDGET PROCESS. 3. Resolution of support for a recreational access grant to the Virginia Department of Transportation and Virginia Department of Parks, Recreation, and Conservation for the construction of an access for the new South County district park. (Pete Haislip, Parks and Recreation Director) R-021098-4 FM MOTION TO ADOPT RESO URC F. FIRST READING OF ORDINANCES 1. First reading of ordinance rescinding Ordinance 011398-9 authorizing acquisition of certain real estate located on State Route 779 (Catawba) from the Commonwealth of Virginia. (Diane Hyatt, Finance Director) FFH MOTION TO APPROVE 1ST READING 2ND - 2/24/98 URC BLJ WILL WRITE LETTERS OF APPRECIATION TO VA TECH AND AREA LEGISLATORS THANKING THEM FOR THEIR ASSISTANCE. 2. First reading of ordinance amending Ordinance 121697-8 providing for the construction of and financing for a local public works improvement project -Richland Hilis Drive Water Project. (Gary Robertson, Utility Director) FFH MOTION TO APPROVE 1ST READING 2ND - 2/24/98 URC 3. First reading of ordinance amending the Roanoke County Code by enacting Section 12-54.1 Regulation of Parking for Persons with Disabilities and amending and reenacting Section 12-51 Penalties for Parking Violations, Section 12-54, Parking Prohibited in Specified Places, and Section 12-59, Presumption in Prosecutions for Parking Violations. (Joseph Obenshain, Sr. Assistant County Attorney) 3 FM MOTION TO APPROVE 1ST READING 2ND -2/24/98 URC DECISION ON WHETHER TO INCLUDE VOLUNTEERS IN ORDINANCE WILL BE MADE AT 2ND READING. 4. First reading of ordinance accepting the donation of approximately three acres of real estate from the Commonwealth of Virginia, by its Department of Mental Health and Mental Retardation to Roanoke County, located north and west of the Catawba Fire Station off Virginia Secondary Route 698. (Paul Mahoney, County Attorney) FFH MOTION TO APPROVE 1ST READING 2ND - 2/24/98 URC G. SECOND READING OF ORDINANCES H. APPOINTMENTS JPM WILL HAVE NOMINEES FOR LIBRARY BOARD AND SOCIAL SERVICES ADVISORY BOARD BY NEXT MEETING. 1. Library Board 2. Grievance Panel 3. Social Services Advisory Board I. 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. 4 R-021098-5 FM MOTION TO ADOPT RESO AFTER DISCUSSION OF ITEM I-4 URC 1. Approval of minutes -October 28, 1997, November 18, 1997, December 2, 1997, December 16, 1997, January 5, 1998, January 10,11, 1998. 2. Resolution of support for legislation proposed by the Loudoun County Board of Supervisors to provide for state assistance in funding of school construction and renovation projects. R-021098-5.a 3. Acceptance of sanitary sewer facilities serving Lilies of the Gardens Off-Site Sewer. A-021098-5.b 4. Resolution repealing certain actions of the Board of Supervisors and providing for the creation of a Policy Manual. R-021098-5.c PMM TO PROVIDE DOCUMENTATION FOR FUTURE POLICY MANUAL ITEM J. REQUESTS FOR WORK SESSIONS FM REQUESTED WORK SESSION ON UPDATE OF SSER PROGRAM. FFH ASKED ABOUT WORK SESSION ON AEP POWER LINE WITH ,jANASKO.ECH ADVISED WILL BE HELD ON 2/24/98. K. REQUESTS FOR PUBLIC HEARINGS 1. Request for Public Hearings on February 24, 1998 to (a) set the real estate, machinery and tools, and personal property tax rates; (b) Effective tax rate increase due to reassessments; and (c) public comment on the upcoming FY 1998-1999 budget. (Brent Robertson, Budget Manager) HCN MOTION TO SET PUBLIC HEARINGS FOR 2/24198 5 ~C L. CITIZENS' COMMENTS AND COMMUNICATIONS N N M. REPORTS AND INQUIRIES OF BOARD MEMBERS Supervisor McNamara asked for report on possible disaster programs that could aid the residents of Bent Mountain due to damage from recent storms Rick Burch advised there were no prog~•ams available except for private or volunteer assistance because the area was not declared a disaster area by the state or federal government. uaervisor Minnix: (1l Expressed concern regarding proposed rate increases by Cox Cable and noted there had been 3 increases in the past several years Suggested requesting staff from Cox Cable come to meeting and explain increases. HCN responded that Cable TV Committee is concerned also but the Board and Committee needs to express their concern to the FCC. Supervisor Harrison • (11 Thanked Chief Burc h for his update on the storm dama ge. He asked that information on how the SSER program helped r esidents be included in upcoming work session Supervisor Johnson• (11 Announced that the General Assembly is in session at this time and that the Board opposed elimination of the car tax because it will affect local government's ability to provide services. ~3) Noted that a Consent Agenda item from Loudoun County requested suoaort for funding assistance from the state, and that he felt that the state should be helping fund school construction costs. N. REPORTS FM MOTION TO RECEIVE AND FILE AFTER DISCUSSION OF ITEM 4 - 1. General Fund Unappropriated Balance 2. Capital Fund Unappropriated Balance 3. Board Contingency Fund 4. Report on Regional Community Relations Conference to be held on May 28, 29, 1998. O. WORK SESSION 1. Budget Work Session a. Revenue projections b. Mid-year expenditures c. Capital Improvement Program summary HELD FROM 4:20 TO 4:50 P.M. BRENT ROBERTSON REPORTED ON 1ST SIX MONTHS EXPENDITURES, REVENUE PROJECTIONS AND GENERAL SUMMARY. BLJ REQUESTED FIGURES ON 1996 ACTUAL BUDGET AND 1998 PROJECTED BUDGET FOR THE COUNTY GARAGE HCN ASKED FOR REPORT ON NUMBER OF RESIDENTS WHO MET WITH REAL ESTATE ASSESSMENTS TO DISCUSS THEIR REAL ESTATE TAXES. - BOARD CONSENSUS TO SEPARATE OUT REVENUE CATEGORIES OF CAR TAX AND MACHINERY AND TOOLS TAX. - HCN ASKED FOR CONSIDERATION OF A DROP OFF BOX BEING LOCATED AT THE DMV TO PAY TAXES AND BILLS AT DMV. P. TOUR OF NEW PROJECTS IN EAST ROANOKE COUNTY Q. EXECUTIVE SESSION pursuant to the Code of Virginia Section 2.1-344 A (7) consultation with legal counsel and briefings by staff pertaining to probable Litigation, i.e. condemnation proceedings, BLJ ADDED PROBABLE LITIGATION, STORMWATER DETENTION AND SUBDIVISION ENTRANCE. HCN ADDED ECONOMIC DEVELOPMENT PROJECT (COWES) AND rAINSHARING AGREEMENT WITH TOWN OF VINTON BLJ MOTION TO GO INTO EXECUTIVE SESSION FOLLOWING THE WORK SESSION AND TOUR. EXECUTIVE SESSION HELD FROM 6.45 P.M. TO 7:00 P.M. EVENING SESSION - 7:00 P.M. R. CERTIFICATION OF EXECUTIVE SESSION R-021098-6 BLJ MOTION TO RETURN TO OPEN SESSION AND ADOPT RESO NOTING THAT ONLY ECONOMIC DEVELOPMENT, LOWES PROJECT AND GAINSHARING WITH TOWN OF VINTON WERE DISCUSSED. 1~RC S. PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND AWARDS 1. Resolution of Appreciation upon the retirement of David L. Miller, Sheriff s Office. R-021098-7 HCN MOTION TO ADOPT RESO URC ACCEPTED BY DAVID MILLER T. PUBLIC HEARING 1. Public hearing and adoption of resolution to abandon public streets of Virginia Secondary Routes, a portion of Route 862 (Valley Avenue), Route 876 (Meadow View Road), Route 877 (Pinkard Avenue) and Route 878 (Booker Road), Pinkard Court Subdivision in the Cave Spring Magisterial District. (Arnold Covey, Engineering and Inspections Director) R-021098-8 FM MOTION TO ADOPT RESO SRC U. PUBLIC HEARING AND SECOND READING OF ORDINANCES s 1. Second reading of ordinance to vacate as public rights-of- way aportion of Valley Avenue, Pinkard Avenue, Meadow View Road, Booker Road and Summit Avenue and all alleys recorded in Plat Book 1, Page 363, Pinkard Court Subdivision in the Cave Spring Magisterial District. (Arnold Covey, Engineering 8~ Inspections Director) 0-021098-9 FM MOTION TO ADOPT ORD URC THE FOLLOWING PUBLIC HEARINGS WERE POSTPONED FROM JANUARY 27, 1998 2. Second Reading of ordinance to obtain a Special Use Permit to allow a private kennel, located at 4601 Goodman Road, Vinton Magisterial District, upon the petition of Golden Oaks Kennels. (Arnold Covey, Engineering Sz Inspections Director) (TABLED UNTIL JANUARY 27, 1998 AND POSTPONED TO FEBRUARY 10, 1998) 0-021098-10 HCN MOTION TO ADOPT ORD MODIFYING CONDITION #1 AND ADDING CONDITION #6. ~C 3. Second reading of ordinance to amend and reenact Section 10-3 Article 1 of Chapter 10 "Licenses" of the Roanoke County Code in order to conform with a state code amendment to eliminate charging a license fee to certain businesses subject to a license tax. (Brent Robertson, Budget Manager) 0-021098-11 BLJ MOTION TO ADOPT ORD FM MOVED TO AMEND ORD INCREASING EXEMPTIONS FOR ALL CATEGORIES FROM $3 000 TO S5 000 -AMENDMENT WITHDRAWN ~C STAFF TO BRING BACK ORD INCREASING EXEMPTION IN 3 CATEGORIES FROM $3,000 70 X5,000. 9 4. Second reading of ordinance to vacate afive-foot portion of a sanitary sewer and drainage easement located on Lot 8A and shown on the subdivision plat of Nottingham Park as recorded in Plat Book 20, Page 77, and located in Windsor Hills Magisterial District. (Arnold Covey, Director of Engineering and Inspections) 0-021098-12 JPM MOTION TO ADOPT ORD URC 5. Second reading of ordinance to vacate a 20-foot drainage easement recorded in Plat Book 16, Page 128, and located on Lot 1, a portion of the right of way for Cater Grove Lane, and Lot 23, Section 2, Plantation Grove as recorded in Plat Book 19, Page 175, located in Hollins Magisterial District. (Arnold Covey, Director of Engineering and Inspections) 0-021098-13 BLJ MOTION TO ADOPT ORD URC 6. Second reading of ordinance to vacate a 50-foot unimproved right-of-way referred to as Champ Drive as recorded in Plat Book 5, Page 82, located in the Cave Spring Magisterial District. (Arnold Covey, Director of Engineering and Inspections) 0-021098-14 FM MOTION TO ADOPT ORD URC EXECUTIVE SESSION HELD FROM 7:30 TO 8:10. ADDED 2.1-344 A (7) LEGAL MATTER, PROCUREMENT LAW ISSUE ACTUARIAUFEASIBILITY STUDY. OPEN DISCUSSION OF BUDGET AND SCHOOL BUDGET ISSUES CERTIFICATION RESOLUTION R-021098-15 BLJ MOTION TO ADOPT RESOLUTION io ~~ V. ADJOURNMENT TO THURSDAY, FEBRUARY 12, 1998 AT 5:00 P.M. FOR A JOINT MEETING WITH THE ROANOKE COUNTY SCHOOL BOARD, HELD AT THE SCHOOL ADMINISTRATIVE OFFICES. BLJ ADJOURNED AT 8:57 P.M. ii ~ ROAN ,~.~ ~ ' p ~ ~ ~~ z.~ a2 C~~~~~ ~~ ~~xx~~.~.~ 1 38 ROANOKE COUNTY BOARD OF SUPERVISORS AGENDA FEBRUARY 10, 1998 ~~~~~ 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. Individuals 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 least 48-hours notice so that proper arrangements may be made. A. OPENING CEREMONIES (3:00 P.M.) 1. Roll Call. 2. Invocation: The Reverend James Ellis, Interim Minister Colonial Avenue Baptist Church 3. Pledge of Allegiance to the United States Flag. B. REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF AGENDA ITEMS C. PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND AWARDS RECOGNITION OF THE BASKETBALL TEAM WILL BE HELD AT 4.00 P.M. i ® Recycled Paper 1. Resolution of Congratulations to the Glenvar High School Girls Basketball Team for winning the Group A State Championship. D. BRIEFINGS E. NEW BUSINESS 1. Request to adopt a joint resolution for the expansion of the Roanoke Detention Center to become the Roanoke Valley Juvenile Detention Commission. (John Chambliss, Assistant County Administrator) 2. Request to receive and appropriate Section 18 monies from the Department of Rail and Public Transportation for use by CORTRAN. (John Chambliss, Assistant County Administrator) 3. Resolution of support for a recreational access grant to the Virginia Department of Transportation and Virginia Department of Parks, Recreation, and Conservation for the construction of an access for the new South County district park. (Pete Haislip, Parks and Recreation Director) F. FIRST READING OF ORDINANCES 1. First reading of ordinance rescinding Ordinance 011398-9 authorizing acquisition of certain real estate located on State Route 779 (Catawba) from the Commonwealth of Virginia. (Diane Hyatt, Finance Director) 2. First reading of ordinance amending Ordinance 121697-8 providing for the construction of and financing for a local public works improvement project -Richland Hilis Drive Water Project. (Gary Robertson, Utility Director) 3. First reading of ordinance amending the Roanoke County Code by enacting Section 12-54.1 Regulation of Parking for Persons with Disabilities and amending and reenacting Section 12-51 Penalties for Parking Violations, 2 Section 12-54, Parking Prohibited in Specified Places, and Section 12-59, Presumption in Prosecutions for Parking Violations. (Joseph Obenshain, Sr. Assistant County Attorney) 4. First reading of ordinance accepting the donation of approximately three acres of real estate from the Commonwealth of Virginia, by its Department of Mental Health and Mental Retardation to Roanoke County, located north and west of the Catawba Fire Station off Virginia Secondary Route 698. (Paul Mahoney, County Attorney) G. SECOND READING OF ORDINANCES H. APPOINTMENTS 1. Library Board 2. Grievance Panel 3. Social Services Advisory Board I. 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. Approval of minutes -October 28, 1997, November 18, 1997, December 2, 1997, December 16, 1997, January 5, 1998, January 10,11, 1998. 2. Resolution of support for legislation proposed by the Loudoun County Board of Supervisors to provide for state assistance in funding of school construction and renovation projects. 3 3. Acceptance of sanitary sewer facilities serving Lilies of the Gardens Off-Site Sewer. 4. Resolution repealing certain actions of the Board of Supervisors and providing for the creation of a Policy Manual. J. REQUESTS FOR WORK SESSIONS K. REQUESTS FOR PUBLIC HEARINGS 1. Request for Public Hearings on February 24, 1998 to (a) set the real estate, machinery and tools, and personal property tax rates; (b) Effective tax rate increase due to reassessments; and (c) public comment on the upcoming FY 1998-1999 budget. (Brent Robertson, Budget Manager) L. CITIZENS' COMMENTS AND COMMUNICATIONS M. REPORTS AND INQUIRIES OF BOARD MEMBERS N. REPORTS 1. General Fund Unappropriated Balance 2. Capital Fund Unappropriated Balance 3. Board Contingency Fund 4. Report on Regional Community Relations Conference to be held on May 28, 29, 1998. O. WORK SESSION 1. Budget Work Session a. Revenue projections b. Mid-year expenditures c. Capital Improvement Program summary P. TOUR OF NEW PROJECTS IN EAST ROANOKE COUNTY 4 DIVE SESSION pursuant to the Code of Virginia Section 2.1-344 A (7) consultation with legal counsel and briefings by staff pertaining to probable litigation, i.e. condemnation proceedings. EVENING SESSION - 7:00 P.M. R. CERTIFICATION OF EXECUTIVE SESSION S. PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND AWARDS 1. Resolution of Appreciation upon the retirement of David L. Miller, Sheriff's Office. T. PUBLIC HEARING 1. Public hearing and adoption of resolution to abandon public streets of Virginia Secondary Routes, a portion of Route 862 (Valley Avenue), Route 876 (Meadow View Road), Route 877 (Pinkard Avenue) and Route 878 (Booker Road), Pinkard Court Subdivision in the Cave Spring Magisterial District. (Arnold Covey, Engineering and Inspections Director) U. PUBLIC HEARING AND SECOND READING OF ORDINANCES 1. Second reading of ordinance to vacate as public rights-of- way aportion of Valley Avenue, Pinkard Avenue, Meadow View Road, Booker Road and Summit Avenue and all alleys recorded in Plat Book 1, Page 363, Pinkard Court Subdivision in the Cave Spring Magisterial District. (Arnold Covey, Engineering & Inspections Director) THE FOLLOWING PUBLIC HEARINGS WERE POSTPONED FROM JANUARY 27, 1998 2. Second Reading of ordinance to obtain a Special Use Permit to allow a private kennel, located at 4601 Goodman Road, Vinton Magisterial District, upon the petition of s Golden Oaks Kennels. (Arnold Covey, Engineering & Inspections Director) (TABLED UNTIL JANUARY 27, 1998 AND POSTPONED TO FEBRUARY 10, 1998) 3. Second reading of ordinance to amend and reenact Section 10-3 Article 1 of Chapter 10 "Licenses" of the Roanoke County Code in order to conform with a state code amendment to eliminate charging a license fee to certain businesses subject to a license tax. (Brent Robertson, Budget Manager) 4. Second reading of ordinance to vacate alive-foot portion of a sanitary sewer and drainage easement located on Lot 8A and shown on the subdivision plat of Nottingham Park as recorded in Plat Book 20, Page 77, and located in Windsor Hills Magisterial District. (Arnold Covey, Director of Engineering and Inspections) 5. Second reading of ordinance to vacate a 20-foot drainage easement recorded in Plat Book 16, Page 128, and located on Lot 1, a portion of the right of way for Cater Grove Lane, and Lot 23, Section 2, Plantation Grove as recorded in Plat Book 19, Page 175, located in Hollins Magisterial District. (Arnold Covey, Director of Engineering and Inspections) 6. Second reading of ordinance to vacate a 50-foot unimproved right-of-way referred to as Champ Drive as recorded in Plat Book 5, Page 82, located in the Cave Spring Magisterial District. (Arnold Covey, Director of Engineering and Inspections) V. ADJOURNMENT TO THURSDAY, FEBRUARY 12, 1998 AT 4:30 P.M. FOR A JOINT MEETING WITH THE ROANOKE COUNTY SCHOOL BOARD, HELD AT THE SCHOOL ADMINISTRATIVE OFFICES. 6 1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, FEBRUARY 10, 1998 RESOLUTION 021098-1 OF CONGRATULATIONS TO GLENVAR HIGH SCHOOL GIRLS BASKETBALL TEAM FOR WINNING GROUP A STATE BASKETBALL CHAMPIONSHIP WHEREAS, team sports are an important part of the curriculum at schools in Roanoke County, teaching cooperation, sportsmanship and athletic skill; and WHEREAS, the Glenvar High School Girls Basketball Team won the Three Rivers District championship and won its first ever Group A State basketball championship this year, beating Northwood 60-49; and WHEREAS, Katrina Williams and Erika Hale were both named to the Three Rivers District All-District Team, and All-Region C Team; and Ms. Williams was the Associated Press Group A State Player of the Year; and Ms. Hale was Associated Press Group A Second Team All-State; and WHEREAS, this was Coach Bryan Harvey's first season as head coach for the Highlanders; and he was named Region C Coach of the Year, and Group A Coach of the Year by the Coaches Team and by the Associated Press. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, does hereby extend its sincere congratulations to the members of the Glenvar High School Girls Basketball Team: Meredith Shouse, Sarah Peterson, Kelly Shreeve, Shannon Paxton, Katie Jones, Chrissy, Lewis, Elizabeth Wilburn, Leigh CrawFord, Erin Sotherden, Sarah Melton, Katrina Williams, Liz Webb, Mandy Williams, Bonnie Willet, Erika Hale, and Head Coach Bryan Harvey and Assistant Coaches, Richie 1 Waggoner, Randy Hale and Tim Williams, for their athletic ability, their team spirit, and their commitment to each other; and BE IT FURTHER RESOLVED, that the Board of Supervisors extends its best wishes to the team, the coaches, and the school in their future endeavors. On motion of Supervisor Harrison to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None A COPY TESTE: Mary H. Allen, CMC Clerk to the Board of Supervisors cc: File Resolutions of Appreciation File Dr. Deanna Gordon, School Superintendent 2 ~"'" AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, FEBRUARY 10, 1998 RESOLUTION OF CONGRATULATIONS TO GLENVAR HIGH SCHOOL GHZLS BASKETBALL TEAM FOR WINNING GROUP A STATE BASKETBALL CHAMPIONSHIP WHEREAS, team sports are an important part of the curriculum at schools in Roanoke County, teaching cooperation, sportsmanship and athletic skill; and WHEREAS, the Glenvar High School Girls basketball team won the Three Rivers District championship and won its first ever Group A State basketball championship this year, beating Northwood 60-49; and WHEREAS, Katrina Williams and Erika Hale were both named to the Three Rivers District All-District Team, and All-Region C Team; and Ms. Williams was the Associated Press Group A State Player of the Year; and Ms. Hale was Associated Press Group A Second Team All-State; and WHEREAS, this was Coach Bryan Harvey's first season as head coach for the Highlanders; and he was named Region C Coach of the Year, and Group A Coach of the Year by the Coaches Team and by the Associated Press. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, does hereby extend its sincere congratulations to the members of the Glenvar High School Girls Basketball Team: Meredith Shouse, Sarah Peterson, Kelly Shreeve, Shannon Paxton, Kat're Jones, Chrissy, Lewis, Elizabeth Wilburn, Leigh Crawford, Erin Sotherden, Sarah Melton, Katrina Williams, Liz Webb, Mandy Williams, Bonnie Willet, Erika Hale, and Head Coach Bryan Harvey and Assistant Coaches, Richie 1 !~ a c- Waggoner, Randy Hale and Tim Williams, for their athletic ability, their team spirit, and their commitment to each other; and BE IT FURTHER RESOLVED, that the Board of Supervisors extends its best wishes to the team, the coaches, and the school in their future endeavors. 2 r.. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, FEBRUARY 10, 1998 RESOLUTION 021098-2 APPROVING A JOINT RESOLUTION FOR THE EXPANSION OF THE ROANOKE DETENTION CENTER TO BECOME THE ROANOKE VALLEY JUVENILE DETENTION COMMISSION WHEREAS, four jurisdictions in the Twenty-Third and Twenty-Second Judicial Districts, specifically the City of Roanoke, the City of Salem, and the Counties of Roanoke and Franklin, the "Participating Jurisdictions," have determined that the need for an expanded and renovated secure juvenile detention facility exists in those jurisdictions; and WHEREAS, the need for the expansion of the Roanoke Juvenile Detention Home was further identified in the Roanoke City Needs Assessment, approved by the Board of Juvenile Justice in April of 1996, and the Needs Assessment of the Counties of Roanoke and Franklin and the City of Salem, approved by the Board in November of 1997; and WHEREAS, the Participating Jurisdictions are in the process of forming the Roanoke Valley Juvenile Detention Commission (the "Commission"), and are planning to renovate and expand the present Roanoke Juvenile Detention Home to a capacity of 81 beds; and WHEREAS, the Participating Jurisdictions are anticipating that the Juvenile Detention Center will be fully operational on or before June 30, 2000; and WHEREAS, the Participating Jurisdictions are requesting reimbursement for one half of the eligible construction costs of the Juvenile Detention Center from the Commonwealth of Virginia and will submit to the Board of Juvenile Justice for approval the revised Program Design and Planning Study required by the Board for such purpose. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF ROANOKE: 1. That the County intends to become a member of the Commission as provided by the Code of Virginia and subject to specific language, intends to enter into an agreement to renovate, expand and use the Juvenile Detention Center for its secure juvenile detention needs. 2. That the County, along with the remaining Participating Jurisdictions, requests the Commonwealth of Virginia, subject to applicable regulations and other laws, to reimburse the Commission for one half of the eligible construction costs of the Juvenile Detention Center. 1 ~' 3. That the County requests the Board of Juvenile Justice to approve the revised Program Design and Planning Study which will be submitted to the Board as a prerequisite to receiving approval for such reimbursement. On motion of Supervisor Johnson to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None A COPY TESTE: Mary H. Allen, CMC Clerk to the Board of Supervisors cc: File John M. Chambliss, Jr., Assistant County Administrator Bonnie Newton, Franklin County Forest Jones, City of Salem Glenn Radcliffe, City of Roanoke 2 ACTION NO. ITEM NUMBER C -" AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: February 10, 1998 AGENDA ITEM: Request to approve a joint resolution for the expansion of the Roanoke Detention Center to become the Roanoke Valley Juvenile Detention Commission ('OUNTY ADMINISTRATOR'S COMMENTS• ~~ SiJMMARY OF INFORMATION: The Board of Supervisors may recall that the City of Salem, County of Franklin, and County of Roanoke jointly developed a needs assessment for a secure juvenile detention facility which identified a need for 38 beds to serve our three localities. This report was submitted to the Department of Juvenile Justice in November, 1997. Upon its approval, it was strongly suggested by the Department of Juvenile Justice that our three localities again visit the opportunity for further expanding the Roanoke Detention Center to accommodate this need rather than trying to establish a second facility within the Roanoke Valley. During work and negotiations with the Department of Juvenile Justice during January, 1998, it was strongly suggested that a joint resolution be adopted by the participating localities noting their intention to enter into an agreement to renovate, expand, or use the Roanoke Juvenile Detention Center for its own secure juvenile detention needs. The attached resolution has been forwarded to the County of Franklin, City of Salem, and City of Roanoke to approve and must be forwarded to the Department of Juvenile Justice indicating our desire to expand the Roanoke facility by February 18. It should also be noted that Delegate Cranwell has introduced legislation to the 1998 session of the General Assembly which would authorize the formation of a commission for the purposes of funding and/or operating such a regional juvenile detention facility. FISCAL IMPACT: There is no fiscal impact concerning the adoption of this resolution. Monies to cover the architectural and engineering expenses have been appropriated for the current year and ~i appropriations which may be required for further engineering work and/or construction related costs will be brought to the Board for action. It is anticipated that if a commission is established, that the commission could issue the debt necessary to fund the construction and equipping of said facility. STAFF RECOMMENDATION: Staff recommends the adoption of this joint resolution and authorizing its forward to the Department of Juvenile Justice indicating the County of Roanoke's intent to participate in the expansion of the Roanoke Detention Center and also in the establishment of a commission at the appropriate time. Should this commission process not be approved, we will bring other alternatives to the Board of Supervisors and to the other localities. Respectfully submitted, Approv d by, ~ ~ ~~~ ~ John M. Chambliss, Jr. Elmer C. Hodge Assistant County Administrator County Administrator ACTION VOTE Approved ()Motion by: No Yes Abs Denied () McNamara _ _ _ Received () Harrison _ Referred () Johnson _ To Minnix _ _ _ Nickens c: Bonnie Newlon, Franklin County Forest Jones, City of Salem Glenn Radcliffe, City of Roanoke .. F/ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, FEBRUARY 10, 1998 RESOLUTION approving a joint resolution for the expansion of the Roanoke Detention Center to become the Roanoke Valley Juvenile Detention Commission WHEREAS, four jurisdictions in the Twenty-Third and Twenty-Second Judicial Districts, specifically the City of Roanoke, the City of Salem, and the Counties of Roanoke and Franklin, the "Participating Jurisdictions," have determined that the need for an expanded and renovated secure juvenile detention facility exists in those jurisdictions; and WHEREAS, the need for the expansion of the Roanoke Juvenile Detention Home was further identified in the Roanoke City Needs Assessment, approved by the Board of Juvenile Justice in April of 1996, and the Needs Assessment of the Counties of Roanoke and Franklin and the City of Salem, approved by the Board in November of 1997; and WHEREAS, the Participating Jurisdictions are in the process of forming the Roanoke Valley Juvenile Detention Commission (the "Commission"), and are planning to renovate and expand the present Roanoke Juvenile Detention Home to a capacity of 81 beds; and WHEREAS, the Participating Jurisdictions are anticipating that the Juvenile Detention Center will be fully operational on or before June 30, 2000; and WHEREAS, the Participating Jurisdictions are requesting reimbursement for one half of the eligible construction costs of the Juvenile Detention Center from the Commonwealth of Virginia and will submit to the Board of Juvenile Justice for approval the revised Program Design and Planning Study required by the Board for such purpose. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF ROANOKE: 1. That the County intends to become a member of the Commission as provided by the Code of Virginia and subject to specific language, intends to enter into an agreement to renovate, expand and use the Juvenile Detention Center for its secure juvenile detention needs. 2. That the County, along with the remaining Participating Jurisdictions, requests the Commonwealth of Virginia, subject to applicable regulations and other laws, to reimburse the Commission for one half of the eligible construction costs of the Juvenile Detention Center. 3. That the County requests the Board of Juvenile Justice to approve the revised Program Design and Planning Study which will be submitted to the Board as a prerequisite to receiving approval for such reimbursement. A-021098-3 ACTION NO. ITEM NUMBER ~- AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: February 10, 1998 AGENDA ITEM: Request to receive and appropriate Section 18 monies from the Department of Rail and Public Transportation for use by CORTRAN COUNTY ADMINISTRATOR'S COMMENTS: ~~ti~K ~~ Si11VIMARY OF INFORMATION: The County has applied for and received Section 18 monies from the Commonwealth of Virginia Department of Rail and Public Transportation for the period October 1, 1997 through June 30, 1998. The amount approved for the County is $13,778. These monies are pass-through to our CORTRAN program and are used to assist in providing public transportation to the rural areas of the County. This is the same funding source that we used for the Red Line program that was discontinued last year. These monies are in addition to the local appropriation approved for CORTRAN for the current fiscal year and will be used to subsidize our cost of transportation to qualified riders from the rural areas of the County. CORTRAN maintains the records of riders from that designated rural area and applies these monies to their service. The Board of Supervisors is requested to accept this grant and to authorize its transfer to the CORTRAN program. FISCAL IMPACT: There are no new County dollars required. The $13,778 for the current fiscal year will be received from the Commonwealth of Virginia to be used specifically for rural transportation and should be appropriated so that we can transfer said monies to the CORTRAN program. STAFF RECOMMENDATION: Staff recommends accepting the $13,778 from the Department of Rail and Public Transportation and authorization of the transfer of monies to the CORTRAN program. ~. Respectfully submitted, John M. Chambliss, r. Assistant County Administrator Approved by, Elmer C. Hodge County Administrator 1..~'" ~` ACTION VOTE Ato Yes Abs Approved (x) Motion by: H. Odell Minnix to receive Harrison _ x Denied () and appropriate funds Johnson _ x _ Received () McNamara _ x Referred () Minnix _ x _ To () Nickens _ x cc: File John M. Chambliss, Jr., Assistant County Administrator Diane D. Hyatt, Director, Finance Vincent Copenhaver, Finance c_,_ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, FEBRUARY 10, 1998 RESOLUTION 021098-4 REQUESTING THE DIRECTOR OF THE VIRGINIA DEPARTMENT OF CONSERVATION AND RECREATION TO DESIGNATE THE SOUTHWEST DISTRICT PARK AS A PUBLIC RECREATION AREA AND TO RECOMMEND TO THE COMMONWEALTH TRANSPORTATION BOARD THAT RECREATIONAL ACCESS FUNDS BE APPROVED FOR THIS PROJECT. WHEREAS, the Southwest District Park is to be developed by the Roanoke County Department of Parks and Recreation as a recreational facility serving the residents of Roanoke County; and WHEREAS, the facility is in need of adequate access; and WHEREAS, the procedure governing the allocation of recreational access funds as set forth in Section 33.1-223 of the Code of Virginia requires joint action by the Director of the Department of Conservation and Recreation and the Commonwealth Transportation Board; and WHEREAS, a statement of policy agreed upon between the said Director and Board approves the use of such funds for the construction of access roads to publicly-owned recreational areas; and WHEREAS, it appears to the Board that all requirements have been met to permit the Director of the Department of Conservation and Recreation to designate Southwest District Park as a public recreational facility and further permit the Commonwealth Transportation Board to provide funds for access to this public recreation area in accordance with Section 33.1-223 of the Code of Virginia; and WHEREAS, the right of way of the proposed access road is provided by the County of Roanoke at no cost to the Recreational Access Fund; and WHEREAS, the Board acknowledges that, pursuant to the provisions of Section 33.1-223 of the Code of Virginia, this road shall be designated a "Virginia Byway" and recommends the Commonwealth Transportation Board, in cooperation with the Director of the Department of Conservation and Recreation, take appropriate action to implement this designation. Further, the Board agrees, in keeping with the intent of Section 33.1 ~3 of the Code of Virginia, to use its good offices to reasonably protect the aesthetic or cultural value of this road. NOW, THEREFORE BE IT RESOLVED, that the Board of Supervisors of the County of Roanoke hereby requests the Director of the Department of Conservation and Recreation to designate the Southwest District Park as a public recreational area and to recommend to the Commonwealth Transportation Board that recreational access funds be allocated for an access road to serve said park; and BE IT FURTHER RESOLVED, that the Commonwealth Transportation Board is hereby requested to allocate the necessary recreational access funds to provide a suitable access road as hereinbefore described. On motion of Supervisor Minnix to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None 2 A COPY TESTE: Mary H. Allen, CMC Clerk to the Board of Supervisors cc: File Pete Haislip, Director, Parks & Recreation Director of the Department of Conservation and Recreation Commonwealth Transportation Board Action No. Item Number '"` AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: February 10, 1998 AGENDA ITEM: Resolution requesting the Director of the Virginia Department of Conservation and Recreation to designate the Southwest District Park as a public recreation area and to recommend to the Commonwealth Transportation Board that recreational access funds be approved for this project. County Administrators Comments: Recommend approval of this request for park access funds for Merriman Park. Mr. Haislip will update the Board on the proposed schedule for development at the Board meeting. Summary of Information: As directed by the Board, staff of the Parks and Recreation Department has proceeded with the development of a new South County park. An important part of the process is securing Recreational Access Funds from the state to construct an access road. This resolution indicates the Board of Supervisors support for the project and provides direction to the Department of Conservation and Recreation to designate this park as a public recreation area and to recommend to the Commonwealth Transportation Board that this project be funded. Fiscal Impact: An access road is estimated to cost approximately $130,000. By funding the access road through the Recreational Access program we will save the county this expense while allowing parks and recreation to proceed with the design and construction of the planned facilities i.e. parking, ballfields, and other recreational amenities, utilizing previously approved capital funds. Staff Recommendation: Staff recommends approval of the attached resolution. ~3 Respectfully submitted, ~~ ~~ Pete Haislip, Director Parks and Recreation Approved by, ~~ Elmer C. Hodge County Administrator ----------------------------------------------------------------------------------------------------------------- ACTION VOTE No. Yes Abs Approved () Motion by: Harrison Denied () Johnson Received () McNamara Referred () Minnix To () Nickens cc: File 2 .,. ~~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, FEBRUARY 10, 1998 Resolution requesting the Director of the Virginia Department of Conservation and Recreation to designate the Southwest District Park as a public recreation area and to recommend to the Commonwealth Transportation Board that recreational access funds be approved for this project. WHEREAS, the Southwest District Park is to be developed by the Roanoke County Department of Parks and Recreation as a recreational facility serving the residents of Roanoke County; and WHEREAS, the facility is in need of adequate access; and WHEREAS, the procedure governing the allocation of recreational access funds as set forth in Section 33.1-223 of the Code of Virginia requires joint action by the Director of the Department of Conservation and Recreation and the Commonwealth Transportation Board; and WHEREAS, a statement of policy agreed upon between the said Director and Board approves the use of such funds for the construction of access roads to publicly-owned recreational areas; and WHEREAS, it appears to the Board that all requirements have been met to permit the Director of the Department of Conservation and Recreation to designate Southwest District Park as a public recreational facility and further permit the Commonwealth Transportation Board to provide funds for access to this public recreation area in accordance with Section 33.1-223 of the Code of Virginia; and WHEREAS, the right of way of the proposed access road is provided by the ~~ County of Roanoke at no cost to the Recreational Access Fund; and WHEREAS, the Board acknowledges that, pursuant to the provisions of Section 33.1-223 of the Code of Virginia, this road shall be designated a "Virginia Byway" and recommends the Commonwealth Transportation Board, in cooperation with the Director of the Department of Conservation and Recreation, take appropriate action to implement this designation. Further, the Board agrees, in keeping with the intent of Section 33.1-63 of the Code of Vir inia, to use its good offices to reasonably protect the aesthetic or cultural value of this road. NOW, THEREFORE BE IT RESOLVED, that the Board of Supervisors of the County of Roanoke hereby requests the Director of the Department of Conservation and Recreation to designate the Southwest District Park as a public recreational area and to recommend to the Commonwealth Transportation Board that recreational access funds be allocated for an access road to serve said park; and BE IT FURTHER RESOLVED, that the Commonwealth Transportation Board is hereby requested to allocate the necessary recreational access funds to provide a suitable access road as hereinbefore described. I r "' ACTION NO. ITEM NUMBER °' AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: February 10, 1998 AGENDA ITEM: Ordinance rescinding Ordinance 011398-9 authorizing acquisition of certain real estate located on State Route 779 (Catawba) from the Commonwealth of Virginia. COUNTY ADMINISTRATOR'S COMMENTS: BACKGROUND: On January 13, 1998, Ordinance 011398-9 was adopted authorizing the County to purchase property known as the Catawba Farm from Virginia Polytechnic Institute and State University. The County `s goal in purchasing the property was to protect the natural beauty of the farm for future generations, to preserve its agricultural use and promote economic development. The proceeds from the sale were to go to Virginia Tech. Roanoke County essentially served as the "pass through" agent to ensure that the property maintained its agricultural use. The ordinance authorized appropriation of $110,000 to cover the first year's payment and necessary expenses such as the appraisal, environment assessment, survey, and closing costs. SUMMARY OF INFORMATION: At the time the ordinance was adopted, there were several issues to be resolved including whether Virginia Tech or the Commonwealth of Virginia would receive the proceeds of the sale. The County and Virginia Tech were successful in getting legislative changes to permit Tech to receive the proceeds. Subsequent to the adoption of the ordinance, Virginia Tech found a company interested in purchasing the Catawba Farm for agricultural purposes. As a result, Roanoke County does not have to be involved in this project since our primary goal was to ensure its r ' F_ / continued agricultural use. Therefore, Ordinance 011398-9 should be rescinded and the $110,000 previously appropriated should be reappropriated to the General Fund. Staff would like to express gratitude to Virginia Tech for working with us for the past several months in our efforts to protect and preserve the Catawba Farm. STAFF RECOMMENDATION: Staff recommends adoption of attached ordinance rescinding authorization to acquire Catawba Farm and reappropriating the funds back the General Fund. Respectfully Submitted by: Elmer C. Hodge County Administrator ACTION VOTE No. Yes Abs Approved () Motion by: Harrison _ _ Denied () Johnson _ _ Received () McNamara- Referred () Minnix To () Nickens _ _ cc: File f F- AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, FEBRUARY 10, 1998 ORDINANCE RESCINDING ORDINANCE 011398-9 AUTHORIZING ACQUISITION OF CERTAIN REAL ESTATE LOCATED ON STATE ROUTE 779 (CATAWBA) FROM THE COMMONWEALTH OF VIRGINIA WHEREAS, Ordinance 011398-9 authorized the acquisition of certain real estate located on State Route 779 (Catawba) from the Commonwealth of Virginia for the purpose of promoting economic development and protecting valuable environmental resources; and NOW, THEREFORE BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, that Ordinance 011398-9 be, and hereby is rescinded, and that the $110,000 appropriated therein be, and hereby is, reappropriated to the Unappropriated General Fund. C:\OFFICE\WPWIN\WPDOCS\AGENDA\REALEST\CATAWBA.ORD 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: February 10, 1998 AGENDA ITEM: First Reading of Ordinance Amending Ordinance 121697-8 Providing for the Construction of and Financing for a Local Public Works Improvement Project - Richland Hills Drive Water Project COUNTY ADMINISTRATOR'S COMMENTS: BACKGROUND: Several years ago, the County entered into an agreement with Roanoke College to extend water service to the Roanoke College Investment Corporation property along Wildwood Road so that the property could be developed. Since that time, residents in the Richland Hills Drive subdivision have also petitioned the County for water service. The residents have experienced poor water quality as well as a shortage of water. Extension of the water service would therefore benefit both Roanoke College and the residents. The Richland Hills Drive Water Project was approved by the Board of Supervisors at the December 16, 1997 meeting. The existing ordinance approved at that time established a special service area and connection fee for this project. The cost per participant was established at $4,500 if they agree to participate by March 16, 1998. The existing ordinance also established that each property owner make a minimum down payment of $1,500 with the County offering to finance the remainder over a period of up to ten years. SUNIlVIARY OF INFORMATION: Subsequent to adoption of the ordinance in December, three property owners who had expressed a desire to participate in the project have encountered financial difficulty and are unable to make a $1,500 down payment. They are requesting that the County agree to finance the entire $4,500 over P ~a ten years with 8 % interest. FISCAL IlVIPACT: The project has already been funded. Assisting these property owners to participate will benefit them, the County and Roanoke College. Completion of the project will generate additional revenue for the County, allow Roanoke College to develop their property, and provide the Richland Hills subdivision residents high quality water. STAFF RECOMMENDATION: Staff recommends adoption of the attached ordinance following second reading and that the County finance the full $4,500 at 8% for the property owners who agree to participate by March 16, 1998. SUBMITTED BY: Gary Roberf~sOn, P.E. Utility Direc r APPROVED: 8a~s~ Elmer C. Hodge County Administrator ACTION Approved () Motion by: Denied () Harrison Received () Johnson Referred McNamara to Minnix Nickens VOTE No Yes Abs F' ~. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, FEBRUARY 10, 1998 ORDINANCE AMENDING ORDINANCE 121697-8 AUTHORIZING THE CREATION OF, CONSTRUCTION OF, AND FINANCING FOR A LOCAL PUBLIC WORKS IMPROVEMENT PROJECT, RICHLAND HILLS DRIVE WATER PROJECT WHEREAS, Ordinance 121697-8 authorized the creation of, construction of, and financing for a local public works improvement project, Richland Hills Drive Water Project; and WHEREAS, this ordinance authorized and approved the payment, upon certain terms and conditions, by the property owners in the Project Service Area who elect to participate on or before March 16, 1998; and WHEREAS, one of these terms and conditions requires "a minimum down payment of $1,500"; and WHEREAS, several of the property owners who have elected to participate have requested that this minimum down payment be waived and that they be allowed to finance the entire amount ($4,500) for a maximum of 10 years at an interest rate of 8% per annum. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That Ordinance 121697-8 authorizing the creation of, construction of, and financing for a local public works improvement project, Richland Hills Drive Water Project, be, and hereby is amended to provide that the property owners in the Project Service Area who elect to participate on or before March 16, 1998, may do so under the terms and conditions set out in Ordinance 121697-8 except for the condition C:\OFFICE\WPWIN\WPDOCS\AGENDA\UTILITY\RICHLAND.AhID 1 ~ {~ *t F ~. requiring a minimum down payment of $1,500, all other terms and conditions as set out in Ordinance 121697-8 to remain in full force and effect. C:\OFFICE\WPWIN\WPDOCS\AGENDA\UTILITY\RICHLAND.ANID 2 ACTION # ITEM NUMBER ~" AT A REGULAR MEETIIVG OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMIlVISTRATION CENTER MEETING DATE: February 10, 1998 AGENDA ITEM: ORDINANCE ENACTING SEC. 12-54.1. REGULATION OF PARKING FOR PERSONS WITH DISABILITIES AND AMENDING AND REENACTING SEC. 12-51. PENALTIES FOR PARKING VIOLATIONS SEC. 12-54. PARKING PROHIBITED IN SPECIFIED PLACES. AND SEC. 12-59. PRESUMPTION IN PROSECUTIONS FOR PARKING VIOLATIONS. COUNTY ADMINISTRATOR'S COMMENTS: LNG / BACKGROUND: The 1997 session of the General Assembly passed new enabling legislation for the regulation of designated parking spaces for individuals with disabilities in the form of a new Chapter 12.1 to Title 46.2 of the Code of Virginia. At the same time, the legislature repealed the code section, §46.2-1237, which authorized the current Roanoke County Code provisions regulating handicapped parking. This new legislation increases the maximum fines which may be imposed for various violations of such designated parking spaces to $500. SUMMARY OF INFORMATION: The new County Code section 12-54.1 tracks the language of the new Virginia Code § 46.2-1242B which authorizes localities to enact ordinances for the regulation of parking spaces designated for persons with disabilities. This new section also establishes a fine of One Hundred Dollars ($100.00) for a violation of these provisions which is consistent with the fine recently established by the City of Roanoke and removes the language regarding the penalty for misuse of handicapped parking from Sec. 12-51 of our code. Subsection (d) of the new code section removes a possible technical defense to these parking violations and, therefore, permits removal of subsection (f) from current Sec. 12-54. Subsection (e) empowers the Police Department to use volunteers to enforce this • ~ . ordinance, but no others. Finally, a technical amendment to Sec. 12-59 brings that section into line with a change in language made at the time Title 46.2 was adopted. FISCAL IMPACT: None. STAFF RECOMMENDATION: Alternative 1: Adopt the proposed ordinance and permit County law enforcement officers to cite violations of parking for persons with disabilities on Roanoke County summons or parking tickets; Alternative 2: Retain the present County code language and cite all violations of parking for persons with disabilities under state code requirements contained in §46.2-1242A. Staff recommends the adoption of Alternative 1. Respectfully submitted, Joss ph B. ~Obenshain S or Assistant County Attorney Approved ( ) Denied ( ) Received ( ) Referred to ACTION VOTE Motion by: No Yes Abs Harrison _ _ _ Johnson _ _ _ McNamara _ _ _ Minnix _ _ _ Nickens AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, FEBRUARY 10, 1998 ORDINANCE ENACTING SEC. 12-54.1. REGULATION OF PARKING FOR PERSONS WITH DISABILITIES AND AMENDING AND REENACTING SEC. 12-51. PENALTIES FOR PARKING VIOLATIONS SEC.12-54. PARKING PROHIBITED IN SPECIFIED PLACES. AND SEC. 12-59. PRESUMPTION IN PROSECUTIONS FOR PARKING VIOLATIONS. WHEREAS, the 1997 session of the General Assembly repealed § 46.2-1237, the enabling authority for the current county code section regulating handicapped parking and enacted a new Chapter 12.1, Parking for Persons with Disabilities, of Title 46.2 of the Code of Virginia, which provides authorization for local governing bodies to enact an ordinance which prohibits abuse of parking spaces reserved for persons with disabilities and to increase the penalty for violation of such ordinance to a maximum of $500; and WHEREAS, the Board of Supervisors recognizes the importance of protecting the rights of persons with disabilities to utilize parking spaces designated for them and, therefore, desires to exercise the authority granted to it under § 46.2-1242 B to make unlawful the improper use of parking spaces designated for those persons with disabilities and to increase the penalty for such unlawful use to the maximum permitted by state law; and WHEREAS, the Board of Supervisors further desires to exercise the authority granted to it under § 46.2-1244 to provide that the Roanoke County Police Department may establish and supervise volunteers to enforce violations of § 46.2-1242 and county code Sec. 12-54.1; and WHEREAS, the first reading of this ordinance was held on February 10, 1998; and 1 ~3 the second reading and public hearing for this ordinance will be held on February 24, 1998, after publication and notice as required by law. BE IT ORDAINED by the Board of Supervisors of the County of Roanoke, Virginia, as follows: 1. That Section 12-54.1, Reg`lation of parking for~ersons with disabilities of Chapter 12 MOTOR VEHICLES AND TRAFFIC of the Roanoke County Code be enacted as follows: SEC. 12-54.1. Regulation of parking for persons with disabilities. (a) It shall be unlawful for a vehicle not displaying disabled parking license plates, an organizational removable windshield placard, a permanent removable windshield placard, or a temporary removable windshield placard issued under § 46.2-1241 or DV disabled parking license plates issued under subsection B of § 46.2-739, to be parked in a parking space reserved for persons with disabilities that limit or impair their ability to walk or for a person who is not limited or impaired in his ability to walk to park a vehicle in a parking space so designated except when transporting a person with such disability in the vehicle. (b) The penalty for violation of this section shall be a fine of one hundred dollars ($ 100.00). (c) This ordinance may be enforced by the issuance of a summons or parking ticket for violation of the ordinance by alaw-enforcement officer, a volunteer serving in a unit established pursuant to subsection (e) of this ordinance, or by other uniformed personnel employed by the county to enforce parking regulation without the necessity of 2 ~-3 a warrant's being obtained by the owner of any private parking area. (d) In any prosecution charging a violation of this ordinance, no violation of this ordinance shall be dismissed on the basis of the property owner's failure to comply strictly with the requirements for disabled parking signs set forth in § 36-99.11 of the Code of Virginia, provided the space is clearly distinguishable as a parking space reserved for persons with disabilities that limit or impair their ability to walk. (e) The Roanoke County Police Department is authorized to establish and supervise volunteers to enforce violations of this ordinance. However, volunteers acting pursuant to this section shall not have the power or duty to enforce any other traffic or criminal laws of the county or the Commonwealth. (f) The provisions of § 46.2-1247, § 46.2-1248, § 46.2-1249, § 46.2-1250, § 46.2-1251, § 46.2-1252 and § 46.2-1253 of the Code of Virginia, 1950, as amended, are each incorporated by reference into this section and made a part thereof as if set out in full. 2. That Sec. 12-51. Penalties for parking violations., Sec. 12-54. Parking prohibited in specified places. and Sec. 12-59. Presumption in prosecutions for parking violations. be amended and reenacted as follows: Sec. 12-51. Penalties for parking violations. Any person violating any of the provisions of this article shall be deemed guilty of a traffic infraction and, upon conviction thereof, shall be fined according to the following schedule: 3 ~'~ Double parking .................................... $15.00 Parking over allowed time .............................15.00 Parking improperly ...................................15.00 Unattended motor in operation ..........................15.00 Parking in reserved space ..............................15.00 Blocking traffic .....................................15.00 Parking within 500 feet of accident or area of emergency .......25.00 Parking in fire lane, in front of fire hydrant or fire or rescue building ................................50.00 Parking in designated space on county property ..............15.00 Parking atractor-trailer truck, semi-trailer, recreational vehicle, boat or utility vehicle on any public street in violation of section 12-52 ..............................15.00 Any violation of this article not otherwise scheduled ........... 15.00 In addition to the imposition of such fines, any motor vehicle parked in violation of this section may be moved to a garage or parking lot for storage at the expense of the owner of such motor vehicle. Sec. 12-54. Parking prohibited in specified places. No person shall park or leave standing a motor vehicle in any of the following places, except when necessary to comply with the directions of a police officer or traffic- control device: (a) Within any intersection; (b) Within twenty (20) feet of an intersection; 4 ~~'"` (c) Within five (5) feet of the entrance of any public or private driveway to any street, highway or other public way within the county; (d) Within fifteen (15) feet of a fire hydrant on public or private property or of the entrance to any building housing fire equipment, rescue squad equipment or ambulances; (e) Within twenty (20) feet or upon any bridge, viaduct or railroad crossing; (f1 A 1 .1 fir ~r +1.. r t,l' :• +1.. rr r ~~+++i-cs r`r ;r~ _r~w~+~++..1. mod • ~ rnrlr; r~~+ ~ v Wren ~r~e++ Y + ~ ~~ / 1 1.. 11 ./ r r 1,;..1., ~l;n,~,ln:.~ n nr. 1 1' V f~ 1 + ~l Y 1 re ~ , , ~+ ,1 ~ ~r' i n on • ) • ,,,1,,.1 ntt ..nrlr;r. ^ .1 ~ ~ +1, p ~f 11 wll;nnr~++eil 7 morn ~ r`rn l~n _ a ll l,e ;il er~+; ~i all 1~.~. n}ir+~~o rrr.~~a JL.1 ~ vu r;rrr+n r a a„rnralo nn i+f -rr-- ~ +l: '.1 +'~ r--- , +' --- F .~ 1, a~'siz ~ O bo` 'c zi .., sid-uuTe 1 as ... ~ cia~ ~ ~:ii~ " `--"- --'------ ----- --- -- ° zr avacc.T r-a y z [ r --- -- - ~ v ~' 'e Se- TT [ C~ r g ~ ~ S y , -~ 1, .1 1, ~'C~E .1' .1 lZiusiz CT.TC ~ I Z. rl~, n-r~nsl+ 11 1. ~ n~ n ~ „ ~ +l. 1. + . I +.. .+.1 ~ .. ..F ~ ~L o ° '~ t, l~t. ~or +1, rr r „ f v r v (/Il foot ++ r 1,;.~l.,or tl~nr~ nnv~+ alas. vva + f71 f of nl~~ts R n +l,o tYt o l~ i C 1. • ~ i o 1, 11 1,., ,l~,n;...,e.a nr,.l ..~„,n+r. ,..+o.l ; ~~ ....,.,,r. l.,«,,.~ cc~ ~~ rrS~ '+1, t1. L L o ~~ ~.L O 'e ~ ' ' " e~~'~ n /, ua..a.vaa. ~r a ~r~l~ol ~ .7 + .1 +b, ~'~" ~"tYYGV .1' ,.1., b CD~II C[III g IIII'82YY~7TCCC ,,.1 tl,., orr~ + ~ ., L ^ T ;,, n ^ nl..,l l .,+ ~'~T[SCl~tn n n l~.~,: re r .rs-n ~,p rl a / n+Rj~y- tlllj~ J~./ (~~) At any location where, at the time, parking, standing or stopping is prohibited ~~ and official signs or other markers to that effect have been erected or installed and are visible to an ordinarily observant person; (h) Along any street, highway, of other public way within the county or part ~~ thereof constituting a part of the route of a parade for which a permit has been granted under Chapter 14 of this Code. The chief of police shall have the authority to designate any parade route and to post signs to such effect and when such signs are so posted, no person shall park or leave unattended any motor vehicle in violation thereof. Sec. 12-59. Presumption in prosecutions for parking violations. In any prosecution charging a violation of any provision of this article or any regulation or rule established pursuant hereto, proof that the vehicle described in the complaint, summons, parking ticket or warrant was parked in violation of such provision, 5 ~3 together with proof that the defendant was, at the time of such parking violation, the registered owner of the vehicle, as required by chapter 6 (section 46.2-600 et seq.) of title 46.2 of the Code of Virginia, 1950 as amended, shall constitute in evidence a rf~e Kahle presumption that such registered owner of the vehicle was the person who parked the vehicle at the place where, and for the time during which, such violation occurred. 3. That this ordinance shall be in full force and effect from and after February 24, 1998. c:\wp51\...\agenda\police\disabled.ord 6 ACTION NO. ITEM NO. ~ """ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMIhiISTRATION CENTER MEETING DATE: February 10, 1998 AGENDA ITEM: ORDINANCE ACCEPTING THE DONATION OF APPROXIMATELY THREE (3) ACRES OF REAL ESTATE FROM THE COMMONWEALTH OF VIRGINIA, BY ITS DEPARTMENT OF MENTAL HEALTH AND MENTAL RETARDATION, TO ROANOKE COUNTY, SAID REAL ESTATE LOCATED NORTH AND WEST OF THE CATAWBA FIRE STATION (.894 ACRE PARCEL, TAX MAP NO. 7.00-1-29) OFF VIRGINIA SECONDARY ROUTE NO. 698 COUNTY ADMII~TISTRATOR'S COMMENTS: Recommend approval with gratitude to the State and staff. EXECUTIVE SUMMARY: This ordinance authorizes the acceptance of a donation of approximately 3 acres of real estate from the Commonwealth of Virginia (Department of Mental Health and Mental Retardation), to be added to the Catawba Fire Station property near Virginia State Secondary Route 698 (Tax Map No. 7.00-1-29). This real estate will provide for future expansion of this fire station, as well as provide a lease site for a proposed cellular communications tower. BACKGROUND: This matter was removed from the December 16, 1997, agenda because certain state officials claimed that the County would have to pay fair market value consideration to acquire this property. County staff has convinced these officials to honor its previous commitment to donate this property to the County. Over the past year the County has been engaged in a dispute with Ohio State Cellular over the location of a cellular communications tower in the Catawba Valley. After the Board of Supervisors denied Ohio State Cellular's request for a special use permit, litigation ensued in federal district court for the Western District of Virginia over this denial under the Telecommunications Act of 1996. In September of this year the parties negotiated a possible resolution of this litigation. This settlement involved the lease of a portion of County real estate to Ohio State Cellular for a proposed tower site at the Catawba Fire Station property. Certain objections were raised to this proposal, since the proposed tower site might interfere with future expansion of the fire station. In researching old files it appeared that a promise by Catawba Hospital to convey an additional 3 acres to the County for fire station expansion had never been fulfilled. County staff has pursued this old promise, and various officials from the Commonwealth of Virginia have provided County staff assurances G:\ATTORNEY\PMM\CATWDEED.RPT 1 Fy that this conveyance would be forthcoming in the near future. It is proposed that the Board accept the conveyance of this property, and upon receipt of the deed from the Commonwealth of Virginia, add and combine this parcel to the existing fire station property. As an added benefit, this property will provide a site for the proposed cellular communication tower and related facilities. It is proposed that the cellular tower be located on this additional 3 acres to minimize any adverse impacts on future fire station expansion. SUMMARY OF INFORMATION: On October 28, 1997, the Board adopted an ordinance authorizing a long term lease of County property to Ohio State Cellular for the location of its proposed cellular communications tower. On November 18, 1997, the Board adopted an ordinance granting a special use permit to Ohio State Cellular for this use. This ordinance authorizes the acceptance of this conveyance of 3 acres from the Commonwealth of Virginia. This real estate will be added and combined with the existing fire station property (Tax Map Number 7.00-1-29). First reading of this ordinance is scheduled for February 10, 1998, and second reading is scheduled for February 24, 1998. Upon receipt and recordation of this deed the parties can conclude their settlement of the pending litigation. STAFF RECOMMENDATION: It is recommended that the Board of Supervisors favorably consider the adoption of this ordinance. Respectfully submitted, VW`~ ~ ~Yl . Paul M. Mahoney County Attorney G:\ATTORNEY\PMM\CATWDEED.RPT 2 ~~ No Yes Abs Approved ( ) Motion by Denied ( ) Received ( ) Referred ( ) to Harrison Johnson _ McNamara Minnix Nickens _ G:\ATTORNEY\PMM\CATWDEED.RPT 3 ~~ ~~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, FEBRUARY 10, 1998 ORDINANCE ACCEPTING THE DONATION OF APPROXIMATELY THREE (3) ACRES OF REAL ESTATE FROM THE COMMON- WEALTH OF VIRGINIA, BY ITS DEPARTMENT OF MENTAL HEALTH AND MENTAL RETARDATION, TO ROANOKE COUNTY, SAID REAL ESTATE LOCATED NORTH AND WEST OF THE CATAWBA FIRE STATION (.894 ACRE PARCEL, TAX MAP NO.7.00- 1-29) OFF VIRGINIA SECONDARY ROUTE NO. 698 BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: That pursuant to the provisions of Section 18.04 of the Charter of Roanoke County, a first reading on this ordinance was held on February 10, 1998; and a second reading was held on February 24, 1998. 2. That the conveyance of this real estate by donation from the Commonwealth of Virginia, by its Department of Mental Health and Mental Retardation to Roanoke County for expansion of the site of the Catawba Fire Station located off Virginia Secondary Route No. 698 is hereby accepted. Said real estate is more particularly described as a 3.171-acre parcel of real estate as generally shown on a "Plat of Survey showing 3.171 acres for Roanoke County Board of Supervisors located in Catawba Magisterial District, Roanoke County, Virginia" surveyed 12/10/97, revised 1/22/98, prepared by LMW, P.C., Engineering, Architecture, Surveying, and attached to this ordinance. 3. That the County Administrator is authorized to execute such documents and take such actions on behalf of Roanoke County as are necessary to accomplish the conveyance of said property, all of which shall be upon form approved by the County Attorney. C:\OFFICE\WPWIN\WPDOCS\AGENDA\REALEST\COMM.VA -- LEGEND. SURVEYED PROPERTY LINE - -DEED, UNE • SET REBAR EXISTING IRON FOUND NOTES: 1. THIS SURVEY WAS PERFORMED WITHOUT THE BENEFIT OF A TITLE SEARCH AND THEREFORE MAY NOT SHOW ALL ENCUMBRANCES. 2. THIS PROPERTY AS PLATTED DOES NOT FALL WITHIN ~ THE 100 YEAR FLOOD ZONE. 3. THIS PLAT WAS PREPARED FROM AN ACTUAL AND;; CURRENT FIELD SURVEY. 4. FEMA: FLOOD ZONE: X' 5. LEGAL Rf~E}4ENCE: 213 PG 231 ~ TAl( M' N0: 7.00-1-5 VICINITY MAP NO SCALE NOW OR FORMERLY PROPERTY OF CATAWBA STATE SANITORIUM D.B. 45 PAGE 350 IPF I \~ NOW OR FORMERLY ' PROPERTY OF ~'~• ~ A CATAWBA STATE SANITORIUM ! 213 PAGE 231 s?D':B ~ te' .9 \s?, ~ . TAX?MAP!NO. 7.00-1-5 4i c~ yti~ F ~ o~ \ ry ' ^J i. k 0 = 4i°j y PROPERTY OF \IPF y ROANOKE COUNTY / BOARD OF SUPERVISORS \ ~~ / .° CATAWBA FIRE STATION 16~~ S o,• g TAX MAP N0. 7.00-Ot-29 , ~ ~ ~ ~ /tip Q~ ~ ~ ; ,i IPF /~~jQ P~~ ~ ~ ~ / ip/ . ' 4 / s P ~JP~~ 'cb.'{'~ ^~ryry~ pP~ ~ ~ ~ 7~ 3.171 A CRES ~ IPF IPS ~ I ^~ ,~~ ~ I ~ ° a ~ j ry ~, ~ h ~ IPSJQ~ ~ ~ O 0~" ~~SS v~ ~ ~ \ ~ / NOW OR FORMERLY PROPERTY OF ~ \ IPS 9~ ~ ~ \ CATAWBA STATE SANITORIUM ~ ~` + 6 \ D.B. 213 PAGE 231 TAX MAP NO. 7.00-1-5 ,~o°'ryh6 p `' ~ J PLAT OF SURVEY ~ / SHOWING , °°d ~y ppa / 3.9 71 ACRES ~' ° ~~ / FOR ROANOKE COUNTY /~ ~ ~FF j 1 C , y ~ ~ ' 1 - P 1x1 BOARD OF SUPERVISORS • • , LOCATED IN ENGINEERING • ARCHITECTURE • SURVEYING CATAWBA MAGISTERIAL DISTRICT ~ (540) '345-0675 1401 2nd STREET, s.w. ROANOKE COUNTY, VIRGINIA I'e4X (540) 342-4456 ROANOKE, VIRGINIA 24016 REVISED: t-22-98 SURVEYED: 12-10-97 COMM: 14378 / ~' (~(/ \A // ~~ DATE: 'f HERE CER~TIFY`TH~IS `P'LAT OF SURVEY TO TO THE BEST:: OF MY KNOWLEDGE AND BELIEF i GRAPHIC SCALE eo o so eo (IN FEET ) R.' ~ 7 ACTION NUMBER ITEM NUMBER ~7" ~" ~~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: February 10, 1998 SUBJECT: Appointments to Committees, Commission and Board COUNTY ADMINISTRATOR'S COMMENTS: S~IMMARY OF INFORMATION: 1. LIBRARY BOARD Mr. Ed Kielty, member representing the Windsor Hills Magisterial District, has moved to Roanoke City and is no longer eligible to serve on the Library Board. His four year term expires December 31, 1999. 2. GRIEVANCE PANEL The two year term of Kenneth W. Lussen will expire February 23, 1998. The new term will be for three years. 3. SOCIAL SERVICES ADVISORY BOARD Ms. Jan Dowling, representing the Windsor Hills District has resigned. Her four year term expires August 1, 2000. ROANOKE REGIONAL AIRPORT COMMISSION The four year term of Bob L. Johnson wilt expire February 10, 1998. Supervisor Johnson has requested to continue to serve on a month to month basis until completion of the Airport Commission budget. At that time, this appointment will be placed back on the agenda. r • ~~ SUBMITTED BY: APPROVED BY: Mary H. Allen, CMC Elme C. Hodge Clerk to the Board County Administrator ACTION VOTE No. Yes Abs Approved () Motion by: Harrison Denied () Johnson _ _ Received () McNamara- _ _ Referred () Minnix To () Nickens _ _ cc: File 2 ~_ ; AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, FEBRUARY 10, 1998 RESOLUTION 021098-5 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM I, 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 February 10, 1998 designated as Item I -Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 through 4, inclusive, as follows: Approval of minutes -October 28, 1997, November 18, 1997, December 2, 1997, December 16, 1997, January 5, 1998, January 10,11, 1998. 2. Resolution of support for legislation proposed by the Loudoun County Board of Supervisors to provide for state assistance in funding of school construction and renovation projects. 3. Acceptance of sanitary sewer facilities serving Lilies of the Gardens Off- Site Sewer. 4. Resolution repealing certain actions of the Board of Supervisors and providing for the creation of a Policy Manual. 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 Minnix to adopt the Consent Resolution, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None A COPY TESTE: Mary H. Allen, CMC Clerk to the Board of Supervisors cc: File Paui M. Mahoney, County Attorney Dr. Deanna Gordon, School Superintendent Gary Robertson, Director, Utility Arnold Covey, Director, Engineering & Inspections Mary Hicks, Executive Secretary 2 ~I October 28, 1997 635 Roanoke County Administration Center 5204 Bernard Drive Roanoke, Virginia 24018 October 28, 1997 The Board of Supervisors of Roanoke County, Virginia, met this day at the Roanoke County Administration Center, this being the fourth Tuesday, and the second regularly scheduled meeting of the month of October, 1997. N RE: CALL TO ORDER Chairman Johnson called the meeting to order at 3:00 p.m. The roll call was taken. MEMBERS PRESENT: Chairman Bob L. Johnson, Vice Chairman Harry C. Nickens, Supervisors Lee B. Eddy, Fenton F. ""Spike" Harrison, H. Odell "Fuzzy" Minnix MEMBERS ABSENT: None STAFF PRESENT: Elmer C. Hodge, County Administrator; Paul M. Mahoney, County Attorney; Mary H. Allen, Clerk; John M. Chambliss, Assistant County Administrator; Don C. Myers, Assistant County Administrator; Anne Marie Green, Director, Community Relations IN RE: OPENING CEREMONIES The invocation was given by John M. Chambliss, Jr., Assistant County Administrator. The Pledge of Allegiance was recited by all present. f October 28, 1997 ~~~ 2 Acceptance of donation from the U. S. Marines from their Mud Run for renovations to Camp Roanoke. The donation was presented by Captain Ted Adams who advised that the proceeds from the Marine Mud Run were split between Toys for Tots and Camp Roanoke with Camp Roanoke receiving $3,000. 3. Proclamation declaring the month of November 1997 as National Hospice Month in Roanoke Countk The proclamation was accepted by Sue Moore, Good Samaritan Hospice. Supervisor Minnix moved to adopt the proclamation. The motion carried by a unanimous voice vote. 4. Recognition of Finance Department for receiving a Certificate of Achievement for Excellence in Financial Reporting for the Comprehensive Annual Financial Report. Diane Hyatt accepted the award on behalf of the Finance Staff. IN RE: BRIEFINGS 1. New method of paying real estate taxes. (Alfred C. Anderson Countk,Treasurer) Treasurer Anderson announced that taxpayers will now be able to use credit cards to pay their taxes by phone. There will be no cost to the County and only a nominal October 28, 1997 ~~~ .., _y~__...~_____._.~__,~_~._._~_ ..~___._.y N..~___.__~. _.~.,_ ~ _..___. ~_ _~ ,._ _ _... _~ ~ ..v..r~_.. _.___~_._~__.. .~_,..~___.___~.~. ~,~m_ __.~~._.....~. m ____..~_, __~. __. Supervisor Eddy moved to approve the agreement. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None 2. Request to adopt resolution opposing proposed ruling by the Federal Communications Commission to preclude local Qovernment authority in determining the location of digital TV towers. (Elmer Hodge, County Administration] R-102897-3 Mr. Hodge advised that the Federal Communications Commission has decided to consider a proposal that would deny local government authority in determining the most appropriate locations for digital television towers. Mr Hodge explained that Roanoke County is trying to allow towers while preserving the natural beauty and viewshed, and they have been working with the industry to share towers whenever possible. Supervisor Eddy suggested that the resolution not be limited to just digital TV towers but also include radio and wireless communication towers. He moved to adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None RESOLUTION 102897-3 OPPOSING PROPOSED RULING BY THE October 28, 1997 641 3. Request from the Police .Department to accept grant for Community Crime Prevention Services (Ray Lavinder Police Chief A-102897-4 Chief Lavinder advised that the Police Department had applied for a grant to train six police officers to work off duty with "at-risk" youth coaching high school athletic teams. The grant has been approved in the amount of $18,481.62. No additional funds will be necessary. In response to questions, Chief Lavinder advised that this would develop better communication between the Police Department and students, and that there would be no overtime costs because it would be done on a volunteer basis. Supervisor Minnix moved to accept the grant in the amount of $18,481.62. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None 4. Resolution pursuant to the Code of Virginia authorizing the acquisition and immediate right of entry of a parcel of land and related access and utility easements of James L Woltz and John E. Woltz for the purpose of providing emergency communications facilities by eminent domain proceedings (Paul October 28, 1997 643 AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None RESOLUTION 102897-5 PURSUANT TO TITLE 25 AND SECTIONS 15.1 236 AND 15.1-238 OF THE CODE OF VIRGINIA, 1950 (AS AMENDED), AUTHORIZING THE ACQUISITION AND IMMEDIATE RIGHT OF ENTRY OF A PARCEL OF LAND AND RELATED ACCESS AND UTILITY EASEMENTS OF JAMES L. WOLTZ AND JOHN E. WOLTZ FOR THE PURPOSE OF PROVIDING EMERGENCY COMMUNICATIONS FACILITIES BY EMINENT DOMAIN PROCEEDINGS BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1 That the County of Roanoke, Virginia, (the "County") intends to acquire a parcel of real estate consisting of 44,100 square feet, being a portion of Tax Map Number 93.00-1-44.1, and which is located on Poor Mountain for the purpose of providing emergency communications facilities (the "project"). 2. That the project is necessary for the general health, safety and welfare of the public, and it is in the public interest of the citizens of Roanoke County, to acquire real estate on Poor Mountain for the purpose of acquiring a site for a radio transmitting tower, as part of the E-911 emergency communications system for Roanoke County, and to promote the public safety, health, and welfare of the citizens. 3. That acquisition of a certain parcel of land, consisting of 44,1 00 square feet and related access and utility easements located on Poor Mountain is necessary for the purpose of providing emergency communications facilities. 4. That the parcel of land required for this project is owned by James L. Woltz and John E. Woltz and is identified by the following legal description: All those certain lots or parcels of land, together with any improvements thereon, rights incident thereto, and appurtenances thereunto belonging, and being shown on a plat entitled "Plat Showing Property (44,100 square feet) and Access & Utility Easement to be Acquired by the County of Roanoke from James E. Woltz and John E: Woltz situate in Windsor Hills Magisterial District, Roanoke County, Virginia" prepared by Lumsden Associates, P.C., Engineers-Surveyors-Planners, dated October 30, 1997, a copy of which is attached hereto and made a part hereof. This being portions of the same real estate conveyed unto James L. Woltz and John E. Woltz by deed dated October 5, 1993, from Eric Lee Sisler, Executor of the Estate of Lois M. Anderson, recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Deed Book 1423, page 1 1 01 and by deed of confirmation and boundary line agreement dated October 18, 1996, from Frank H. Terry, Jr. et als. recorded in the aforesaid -October 28, 1997 645 ~_~ NAYS: None 1. First reading of ordinance to rezone 10.35 acres from R-3 to PRD to construct a planned residential community, located 200 feet west of the Chukar Drive cul-de-sac, Cave Spring Magisterial District uuon the~etition of Jackson Assoc. Limited of VA. 2. First reading of an ordinance to rezone 2.881 acres from AG-3 to AR in order to divide the parcel into three building lots located at the end of Toddsbury Drive Vinton Magisterial District. upon the petition of Falling Creek Development, L.C. 3. First reading of ordinance to obtain a Special Use Permit to construct mini-warehouse storage facilities located in the 1900 block of Washington Avenue, west of the East Vinton Plaza, Vinton Magisterial District, upon the aetition of W H Olive and Jacctulin Logan. IN RE: FIRST READING OF ORDINANCES 1. First reading of ordinance approving and authorizing the execu#ion of a lease with Ohio State Cellular Phone Company, Inc. for a communications antenna tower at Catawba Fire Station. (Paul M. Mahoney, County Attornevl 0-102897-6 Mr. Mahoney explained that this ordinance approves and authorizes the execution of a long-term lease with Ohio State Cellular Phone Company, Inc. (OSC) for a communications antenna tower site on a parcel of real estate located at the Catawba Fire Station. Approval of this lease and the granting of a special use permit would settle the pending federal court litigation between the County and OSC. On November 19, 1996, the Board denied a request from OSC for a special use permit to locate a communications October 28, 1997 ~~~ WHEREAS, the Board of Supervisors denied a request from Ohio State Cellular Phone Company, Inc. ("OSC") for a special use permit to locate a communications antenna tower at the intersection of State Route 311 and Newport Road in the Catawba Valley. OSC filed an action in the United States District Court for the Western District of Virginia challenging this denial; and WHEREAS, counsel and staff for the parties have explored a variety of opportunities to resolve this litigation and it appears that the Catawba Fire StationAsite may provide a suitable alternative to the denied site; and WHEREAS, counsel have negotiated a lease which addresses the mutual concerns of the parties; and WHEREAS, the first reading of this ordinance was held on October 28, 1997; and the requirement for the second reading was waived. as provided by Section 18.04 of the Roanoke County Charter as an emergency measure to sett{e pending litigation. WHEREAS, the County acquired this property from the Commonwealth of Virginia by deed dated May 16, 1983, and recorded in Deed Book 1194 at page 351. BE IT ORDAINED by the Board of Supervisors of the County of Roanoke, Virginia as follows: 1. That it is in the County's best interest to tease a portion of this property to OSC in order to provide a site for the location of a communications tower. 2. The area to be leased by the County to OSC is for the 190' tall tower and a small (12' x 20') equipment building, and an easement for access and utilities and is situated at the Catawba Fire Station in the Catawba Magisterial District of Roanoke County, being a portion of Tax Map No. 7.00-1-29. 3. That the term of this lease shall be for fifteen (15) years. Both parties may enter into negotiations twelve months prior to termination of lease. The Board hereby appropriates the rental payments under this lease to the Catawba Volunteer Fire Company for the support of its public safety operations. 4. That the County Administrator is authorized to execute such documents and take such actions on behalf of Roanoke County as are necessary to accomplish this transaction, all of which shall be upon a form approved by the County Attorney. On motion of Supervisor Harrison to adopt the ordinance as amended by Supervisor Nickens and to waive second reading; and carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None IN RE: SECOND READING OF ORDINANCES 1. Second reading of ordinance releasing right of re-entry and certain restrictions on the use of certain real estate previously October 28, 1997 649 ~_.~ ~_._.~_. _.µ ~~...4___.____.___~.~_._._____gi_..._~.~_____~.~.~..~ _~.._.. _.__, .~.___~.a,N.~__~_ ~.~ with those of TAP shall be valid without the express written approval of the County; and, WHEREAS, said deed included a right to terminate the estate granted to TAP and to re-enter and retake the property if TAP violated the conditions and restrictions in said deed; and, WHEREAS, TAP has executed an option agreement for the conveyance of this property with Interstate Development, L.L.C., and this option agreement may be assigned to Lowe's Home Centers, Inc. for the purpose of constructing a retail, commercial establishment; and, WHEREAS, TAP has requested that the County release this right of re-entry and said conditions and restrictions, and give its express written approval of said conveyance so that said property can be sold to Lowe's Companies, Inc. unencumbered; and, WHEREAS, the Board has received assurances that the proceeds from this proposed sale will be used by TAP and Blue Ridge Housing Development Corp. to support and promote an affordable housing program in Roanoke County; and, WHEREAS, the first reading of this ordinance was held on October 14, 1997, and the second reading was held on October 28, 1997. BE IT ORDAINED, By the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the County hereby releases its right of re-entry for any violation of the conditions or restrictions as provided in the deed from the County to TAP found in Deed Book 1446, at page 442, among the land records of the Clerk of the Circuit Court for the County of Roanoke. 2. That the County hereby releases the conditions and restrictions found in the aforesaid deed. Further the County authorizes the execution of a document giving its express written approval for TAP to convey this property to a person, organization or entity whose mission or purpose is not consistent with those of TAP. This release is contingent upon the conveyance of this real estate to Lowe's Home Centers, Inc. For the construction of a retail, commercial establishment. 3. That upon receipt of adequate assurances from TAP that the net proceeds of the proposed sale of said property shall be used to support and promote affordable housing in Roanoke County, then the County Administrator, or any Assistant County Administrator, be authorized to execute such documents, and take such actions, as may be necessary to accomplish the purposes of this ordinance, all upon form approved by the County Attorney. 4. That this ordinance shall be effective from and after the date of its adoption. On motion of Supervisor Minnix to adopt the ordinance with $200,000 proceeds going to economic development budget, and carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Johnson NAYS: None PRESENT: Supervisor Nickens October 28, 1997 651 WHEREAS, the Roanoke County Departments of Fire and Rescue and Human Resources have reached an agreement with the Virginia Department of State Police to obtain a computer software program which will expedite the processing of background checks through the Central Criminal Records Exchange operated within the Department of State Police of prospective paid employees of the county`s departments and of volunteers for county fire and rescue companies and other positions of public service; and WHEREAS, Section 19.2-389 A 7 of Chapter 23 ofi Title 19.2 of the Code of Virginia, 1950, as amended, requires that such background checks must be required by an agency of a political subdivision under a duly enacted ordinance which determines that it is necessary that the past criminal conduct of a person with any conviction record would be compatible with the nature of the employment or permit which is under consideration; and, WHEREAS, the first reading of this ordinance was held on April 22, 1997; and the second reading was held on October 28, 1997. BE IT ORDAINED by the Board of Supervisors of the County of Roanoke, Virginia, as follows: 1. That Section 2-17, "Dissemination of criminal history record information of applicants for public employment, permit or license" of Article II. "Organization Structure of County Administration," of Chapter 2 ADMINISTRATION, be amended and reenacted as follows: Sec. 2-17. Dissemination of criminal history record information of applicants for public employment, permit~~ licensed;>~r.~ter`~. ..~. _a • ~ , October 28, 1997 653 Board of Ap.peals~ Supervisor Eddy nominated J. A. Hendricks. 2. Grievance Panel Supervisor Harrison nominated King Harvey as alternate to serve a three year term which will expire October 28, 2000. Supervisor Eddy nominated Karen Ewell as alternate to serve a three year term which will expire October 28, 2000. Supervisor Eddy nominated Henry Wise as alternate to serve another three year term which will expire October 21, 2000 and moved to appoint him immediately. The motion carried with the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None 3. Commission for Senior and Challenged Citizens Supervisor Minnix nominated Nancy Hall and Betty Dangerfield to represents the Cave Spring Magisterial District. 4. Committee to establish guidelines and policies for placement of communication towers. Supervisor Nickens nominated David Jones to represent the Vinton Magisterial District; Supervisor Harrison nominated David Shelor to represent the Catawba Magisterial District; Supervisor Johnson nominated Wayne Masey to represent the Hollins Magisterial District; and Supervisor Eddy nominated Elizabeth Belcher to represent the Windsor Hills Magisterial District. October 28, 1997 ~55 ~` ., .~ .___.__ ~„_______v~ ~. ~.....__.~.. __.,~.. ~.._._~m..._. _.__~~. _.~...._...~,~~. 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 Resolution, and carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None IN RE: REQUESTS FOR WORK SESSIONS 1. Request for Work Session on November 18, 1997 on the Secondary Road System Six-Year Construction Plan and VDOT Revenue Sharing Program. it was the consensus of the Board to set a work session for November 18, 1997. IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS Supervisor Minnix: (1) He announced that the Audit Committee met prior to the meeting, and noted that the Finance Staff had received a national award, and that they received a glowing report in relation to how the staff handles the County's financial responsibilities. Supervisor Harrison: (1 } He announced that R. R. Donnelley had contributed $45,000 to TAP and suggested that a letter be sent to them in appreciation for their contribution. (2) He agreed with Supervisor Eddy that the County should move forward as soon as possible on the Tower Committee. (3) He also supported Supervisor Eddy's request to move forward on stormwater management. Supervisor Nickens: (1) He noted that the County Signal had an article that October 28, 1997 657 ..__ ~.__~ _ _w. ~.~ ~..~__~.~..___.._.______.~_~__~. ___ ...__..__.~..__~_. the regional group is working on it and plans to bring back a funding formula to all governing bodies in January. Supervisor Johnson: He thanked the County staff and Fralin and Waldron for responding to the situation on Carson Road where a shell building is being constructed by the Regional Chamber of Commerce right next to a residential area. He recommended that a meeting be held with the community to discuss the construction projects even if the land is already zoned for business or industry. IN RE: REPORTS Supervisor Minnix moved to receive and file the following reports after discussion of Items 7 and 8. The motion carried by a unanimous voice vote. 1. General Fund Unappropriated Balance 2. Capital Fund Unappropriated Balance 3. Board Contingency Fund 4. Accounts Paid -September 1997 5. Statement of Revenues and Expenditures for period ended September 30, 1997 6. Proclamations signed by the Chairman 7. Report of First Quarter Claims Activities for the Self-Insurance Program 8. Report on unpaved roads in Roanoke Count October 28, 1997 659 _~ __ _ ,_ a...~M._._~ T. _..__..._.._ 2. Report on Revenue Projections and First Quarter Update (Brent Robertson, Budget Manager. Mr. Robertson reported that the revenues generated $500,000 less than estimated This resuluted in a net additional $2.8 million to the Unappropriated Balance. Mr. Robertson reported that revenue projections look favorable and his only concern is the personal property tax. They had estimated an 11 % increase but the increase for 1997 was only 5%. IN RE: EXECUTIVE SESSION At 5:55 p.m., Supervisor Johnson moved to go into Executive Session pursuant to the Code of Virginia Section 2.1-344 A (7) consultation with legal counsel pertaining to legal matter: agreement with the Town of Vinton; 2.1-344 A (3) acquisition of real estate for public purpose, Catawba Farm, 2.1-344 A (7) consultation with legal counsel concerning potential litigation, Lowes rezoning request, and BPOL tax. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Harrison, Minnix, Nickens, Johnson NAYS: None 1N RE: CERTIFICATION OF EXECUTIVE SESSION R-102897-10 At 7:00 p.m., Supervisor Johnson moved to return to open session, that only the items concerning Lowe's rezoning and Catawba Farm were discussed, and adopt the Certification Resolution. The motion carried by the following recorded vote: October 28, 1997 ~~~ -~ --___~.__.._.M~._.__ ~~_.__..,_._ .~_.._.__.. __..~_ .~Y.._ ._.~.~.~_ _~..~A. _ .._..~__~ ~~r.....___~_.._._ . r__-__.___._~_u~~.~~~~....~_..~.._.~~ _..__~._,_ _/._...__._..~.. _..,~.w..~.~__~.._.._~..___.~ ~.__._..~_~_....M~...m_..~_..._~~..._..~.s_ w_~~..~,_~..,__~n_.~__.._ ~,_.~~.~..~.~.._~._ _._.....M.__..~_~.~.Mwa_~____.~.~~._._._,._,_.__ .._.__.._._- R school surplus of $1,122,275 which the School Board has recommended be appropriated to several projects. Supervisor Nickens requested that the staff look at the current rollover policy, what should be included in rollover funding and refine the policy to bring back. in March 1998. Supervisor Minnix moved to appropriate the funds; that staff review and refine the rollover policy and bring it back to the first meeting in March, 1998. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Harrison, Minnix, Nickens, Johnson NAYS: None IN RE: PUBLIC HEARING AND SECOND READING OF ORDINANCES 1. Second reading of ordinance to rezone 0 99 acre from R-1 to C 1 located on Valley Forge Avenue 100 feet south of the intersection of Valley Forge Avenue and Concord Place, Cave Spring Magisterial District. upon the petition of Maynard Manning {Terra Harrington: Director of Planning and Zoning, 0-102897-12 Mr. Harrington reported that the petitioner resides on lot #51 (3317 Valley Forge Avenue) and has informed the staff that he plans to sell lot #52 if the rezoning request is approved. The property would be virtually unusable in any zone, and it is likely October 28, 1997 663 of this ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed to amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. 0n motion of Supervisor Minnix to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None 2. Second reading of ordinance to conditionally rezone 5 acres from R-3 to C-2 and obtain a Special Use Permit to bring a nonconforming use into conformity, located at 5300 Hawthorne Road. Hollins Magisterial District, upon the petition of Shenandoah Homes. (Terry Harrington Director of Planning and Zonin 0-102897-13 Mr. Harrington advised that in April of this year the Commission and Board evaluated a rezoning and Special Use Permit request of Shenandoah Homes Retirement Village to construct an assisted living/fife care facility on Airport Road. During the Board's review of the proposal, they discussed with the applicant issues of taxation and the existing nonconforming zoning status of the Shenandoah Homes on Hawthorne Road. This rezoning request would eliminate the nonconforming status on this property. The petitioner offered one proffered condition that the C-2 use of the property will be limited to the existing home for adults and that no additions to the existing facility shall be permitted or allowed. Supervisor Johnson moved to adopt the ordinance. The motion carried by October 28, 1997 6b5 amended, and said Special Use Permit is hereby approved. 5. That said real estate is more fully described as follows: Beginning at a fence post set in concrete, at corner #1 on the northwesterly side of a road or lane, said beginning point being N. 67° 00' W. 18.5 feet from the iron pipe corner at the northeast corner of the Airlee Court Annex Subdivision of record in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Plat Book 2, Page 103; and the said beginning point being the southwest comer of the homeplace yard of the residence of Maude M. Nelms and M. L. Nelms, her husband; thence leaving the above- described beginning point, and with a line following the existing fence line, approximately 16 feet, northwesterly from and parallel with the northerly boundary line of aforesaid Airlee Court Annex Subdivision and along the northwest side of a 16 foot width roadway or lane S. 53° 10' W. 345.8 feet to an iron pipe at corner #2; (this corner #2 is N. 18° 15' E. 27.4 feet from the old planted stone monument at the common corner to the lands of W. F. Patrick and Nelms lands); thence leaving said lane or road, and with a line along the easterly side of a 15-foot wide roadway right-of-way, said line being 15 feet easterly from and parallel with the boundary line between the Nelms land and the W. F. Patrick land, N. 16° 58' W. 728.3 feet to an iron pipe at corner #3, on the southerly boundary line of that certain tract conveyed to W. W. Boxley and M. L. Nelms and wife, by deed dated March 1918; thence along the said Boxley line, following the existing fenced line, . N. 52° 55' E. 304.2 feet to an iron pipe at corner #4, by a fence corner post; thence leaving the said Boxley property, and with new division lines through the property of Maude M. Nelms and husband, following the existing farm fence line, S. 28° 20' E. 320.2 feet to an iron pipe at corner #5; thence S. 61 ° 40' W. 101.7 feet to an iron pipe at corner #6; thence continuing with new division lines through the aforesaid Nelms property, S. 28° 20' E. 387.5 feet to the place of beginning. 6. That this ordinance shall be in full force and effect thirty (30) days after its final passage. Ali ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed to amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. On motion of Supervisor Johnson to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None 3. Second reading of ordinance to obtain a Special Use Permit to October 28, 1997 667 on this matter was held on October 28, 1997. NOW, THEREFORE BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the Board finds that the granting of a special use permit to Wendy's of Western Virginia, Inc. to expand the existing restaurant with drive-thru window located at 4369 Electric Road (Tax Map No. 77.20-1 -6) in the Cave Spring Magisterial District is substantially in accord with the adopted 1985 Comprehensive Plan pursuant to the provisions of § 15.1-456 of the 1950 Code of Virginia, as amended, and said Special Use Permit is hereby approved. 2. That this ordinance shall be in full force and effect thirty (30) days after its fins( passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed to amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. On motion of Supervisor Minnix to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson _. NAYS: None 4. Second reading of ordinance to amend conditions on 1.14 acres zoned C-2C to construct office buildings, located at 5440 Peters Creek Road, Hollins Magisterial District, upon the ,petition of Radford 8~ Co. Terry Harrington, Director of Planning and Zonin 0-102897-15 Mr. Harrington advised that this proposal includes three separate one-story office buildings totaling 15,000 square feet amending a 1988 proffered concept plan proposing one larger structure. The petitioner also requests the removal of conditions relative to signage and exterior lighting for the office building proposed in 1988. The site is designated Transition by the 1985 Comprehensive Plan. Supervisor Johnson explained that this would give the owner more flexibility October 28, 1997 ~~~ premises. 2. That the owner of "New Lot B" containing 1.14 acres (Tax Map No. 26.20-4-27.1) has voluntarily proffered in writing the following conditions which the Board of Supervisors of Roanoke County, Virginia, hereby accepts: (1) The project will be developed in substantial conformity with the conceptual site plan SK1 dated 21 August 1997 as prepared by Jones & Jones Associates, Architects ~C. (2) The free-standing monument sign at the Route 117 side of the site shall be limited to 100 square feet. The total signage for the offices shall be 264 square feet. 3. That this action is taken upon the application of Radford ~ Co. 4. That said real estate is more fully described as follows: Starting at a concrete right-of-way monument at the intersection of the northerly right-of-way of Woodhaven Road and the westerly right-of-way of Peters Creek Road; thence with the westerly right-of-way of Peters Creek Road, N. 85° 40' 15" E. 70.20 feet to a point; thence continuing with said right-of--way of Peters Creek Road, N. 49° 59' 00" E. 160.06 feet to the Point of Beginning; thence leaving the right-of--way of Peters Creek Road and with the northerly line of New Lot "A", N. 45° 13' 52" W. 277.99 feet to a point; thence leaving New Lot "A" and with the property of R. Wayne Lafon and Elizabeth Ann McCall (DB 1215, page 334), N. 47° 36' 08" E. 183.27 feet to a fence post comer; thence leaving the Lafon and McCall property and with the property of John E. & Elizabeth S. Stephens (DB 797, page 568) and the property of Orrie E. & Nellie C. Lee (DB 475, page 393),. S. 45° '13' 52" E. 264.09 feet to an iron pin corner; thence leaving the Lee property and with the westerly right-of--way of Peters Creek Road on a curve to the right whose radius is 2784.79 feet and whose chord is S. 43° 00' 38" W. 176.66 feet to a point; thence continuing with said right-of-way of Peters Creek Road, S. 49° 59' 00" W. 6.45 feet to the Point of~Beginning and being all of New Lot "B" as shown on Subdivision Map for Mary E: Radford, prepared by T. P. Parker & Son, dated October 5, 1989, and containing 1.144 acres. 5. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed to amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. On motion of Supervisor Johnson to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None October 28, 1997 6r71 i _~...~.~..~.~_m.,~w___.._~_,~_._.. __~...~~.~_._~._ __._.~...r..___~.__ .._.. ~....~_~._~_..._~-_____ ....,~ _._....~~...._. ~; Supervisor Harrison moved to adopt the ordinance with condition added that screening and buffering will be planted along the back of the homes of Ambassador Drive. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Harrison, Minnix, Nickens, Johnson NAYS: None ORDINANCE 102897-16 GRANTING A SPECIAL USE PERMIT TO THE CITY OF ROANOKE (MONTCLAIR) TO CONSTRUCT A REGIONAL STORM WATER MANAGEMENT BASIN (UTILITY SERVICES, MAJOR) AND REVIEWING AND APPROVING THE PROJECT FOR CONSISTENCY WITH THE ROANOKE COUNTY COMPREHENSIVE PLAN (SECTION 15.1-456 REVIEW), SAID PROJECT LOCATED 400 FEET NORTHWEST OF THE INTERSECTION OF AMBASSADOR DRIVE AND ENVOY DRIVE (TAX MAP NOS. 36.15-1-10, 36.15-1-2, 36.19-1-1.11, 36.19-1-1.10, 36.19- 1-1.12, 36.19-1-1.8, 36.19-1-1.7, 36.19-1 -1.6, 36.19-1-1.13), CATAWBA MAGISTERIAL DISTRICT WHEREAS, the City of Roanoke (Montclair) has filed a petition to construct a regional storm water management basin (utility services, major) located 400 feet northwest of the intersection of Ambassador Drive and Envoy Drive (Tax Map Nos. 36.15- 1-10, 36.15-1-2, 36.19-1-1.11, 36.19-1-1.10, 36.19-1-1.12, 36.19-1-1.8, 36.19-1-1.7, 36.19-1-1.6, 36.19-1-1.13) in the Catawba Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this matter on October 7, 1997; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first reading on this matter on September 23, 1997; the second reading and public hearing on this matter was held on October 28, 1997. NOW, THEREFORE BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the Board finds that the granting of a special use permit to the City of Roanoke (Montclair) to construct a regional storm water management basin (utility services, major) located 400 feet northwest of the intersection of Ambassador Drive and Envoy Drive (Tax Map Nos. 36.15-1-10, 36.15-1-2, 36.19-1-1.11, 36.19-1-1.10, 36.19- 1-1.12, 36.19-1-1.8, 36.19-1-1.7, 36.19-1-1.6, 36.19-1-1.13) in the Catawba Magisterial District is substantially in accord with the adopted 1985 Comprehensive Plan pursuant to the provisions of § 15.1-456 of the 1950 Code of Virginia, as amended, and said Special Use Permit is hereby approved with the following condition: (1) No screening and buffering shall be required around the entire perimeter of the basin site; however, screening shall be provided October 28, 1997 673 Terry Mullins expressed concerns regarding access, safety and the loss of vegetation. Mr. Harrington advised that Greg Reed, representing the City of Roanoke, responded that the City would be willing to explore a construction access route other than North Spring Drive; that the pond would not enhance the danger of flooding; and that it was the City's intent to leave the large trees in the basins, but remove small vegetation. Mr. Harrington reported that an additional condition had been added limiting construction access to Peters Creek Road. In response to questions from Supervisor Harrison, Mr. Reed advised that that City will do minimal grading and clearing; that the City will maintain the basin; and that the basin -would be surrounded with a six foot fence. William Overstreet, 4930 North Spring Drive, presented a petition from the neighbors requesting that as many #rees as possible be saved and that the County consider putting a vegetative island in the middle of the cul-de-sac. Mr. Overstreet also requested that the cul-de-sac be constructed because of traffic on the street. He presented a video to the Board to be viewed at a later time showing the previous flood damage to their neighborhood. Supervisor Harrison moved to adopt the amended ordinance with the condition ##1 also amended to add that there be appropriate screening on North Spring Drive to be provided by the petitioner. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Harrison, Minnix, Nickens, Johnson NAYS: None October 28, 1997 6rI5 _._ __._W 7. Second reading of ordinance to rezone 2.044 acres from C-2 conditional to C-2 to construct an office building. located at 3743 Challenger Avenue, Hollins Magisterial District, ypt~n the petition of Jack F. Walrond. Jr. (Terry Harrington, Director of Planning and Zoning) 0-102897-18 Mr. Harrington advised that Mr. Waldron is requesting to eliminate all proffered conditions placed on the property in March 1987 to remove unnecessary or obsolete proffers and to allow a new 672 square foot office building to be constructed. The proposed office bui{ding would be constructed on the same lot as the Texaco service station and convenience store. Supervisor Johnson moved to adopt the ordinance removing the original conditions. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Harrison, Minnix, Nickens, Johnson NAYS: None ORDINANCE 102897-18 TO CHANGE THE ZONING CLASSIFICATION OF A 2.044-ACRE TRACT OF REAL ESTATE LOCATED AT 3743 CHALLENGER AVENUE (TAX MAP NOS. 50.01-1-2.3 AND 50.01-1-2.5) IN THE HOLLINS MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF C-2, CONDITIONAL, TO THE ZONING CLASSIFICATION OF C-2, UPON THE APPLICATION OF JACK F. WALROND, JR. WHEREAS, the first reading of this ordinance was held on September 23, 1997, and the second reading and public hearing were held October 28, 1997; and, October 28, 1997 6,7,7 Screening and Buffering ordinance of Roanoke County, as now adopted or as may hereafter be amended. (11) Middle curb cut to Lot 2 will provide vehicle entrance only from Route 460. (12) Lot #3 and #4 shall provide for shared access to the curb cut on Route 460. 3. That this action is taken upon the application of Jack F. Walrond, Jr. 4. That said real estate is more fully described as follows: Starting at a point in the easterly right-of-way of U. S. Route 460 East, said point being the northeasterly corner of Lot 3 and the southwesterly corner of New Lot 2B as shown on Survey for Jack Walrond prepared by T. P. Parker & Son, dated March 31, 1988, a copy of which is attached, which point is the Point of Beginning; thence N. 35° 20' 19" E. 5.95 feet to a concrete monument in the easterly right-of-way of U. S. Route 460; thence N. 40° 23' 27" E. 296.91 feet to a point, said point being at the intersection of the easterly right-of--way of U.S. Route 460 and the southerly right-of-way of a 50' access road; thence leaving U.S. Route 460 and with the southerly line of said access road, S. 51 ° 34' 33" E. 291.45 feet to a point; thence leaving the said 50 foot access road, S. 38° 21' 11" W. 300 feet to a point; #hence N. 51 ° 34' 33" W. 301.60 feet to the Point of Beginning, containing 2.044 acres and being designated as New Lot 2A and New Lot 2B. 5. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed to amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. On motion of Supervisor Johnson to adopt the ordinance removing the original conditions, and carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None 8. Second reading of ordinance to rezone approximately 22 acres from R-1. R-3. and C-2C to C-2 in order to construct a retail store located on Route 220 and Valley Avenue, Cave Spring Magisterial District. upon the petition of Lowe's Co Inc Terry Harrington Director of Planning and Zoning) October 28, 't 997 679 Blue Ridge Housing Development Corporation, located in the old Pinkard Court School, and the Community of Pinkard Court, advised that under certain conditions that either have been met or are being met, TAP has agreed to sign an option to sell to Lowe's. The project will result in a significant economic developmen# project and provide_an affordable housing program. He asked the Board to encourage the County Administration to assist in locating a new facility for TAP and Blue Ridge Housing Development Corporation. 4. Geor_eq JernigLan, advised that his mother, who lives in Pinkard Court, has chosen not to sell and asked if the County will continue to supply water to the people who remain, and if the well is eliminated, would the land be return to the owner. Mr. Hodge responded that the County has committed to extending the water lines and if the well is eliminated, they could extend the water lines to the two homes. Supervisor Johnson advised that the County will pay for the extension and will need to do a title search to find out who owns the property. Don Glenn, representing Lowe's, advised that they planned to purchase the Barlow's home and have an option on the property. Supervisor Eddy asked the staff to follow-up on what property is finally purchased for the Lowe's project. Mr. Hodge was directed to check on the extension of water and sewer lines to the Jernigan property. Supervisor Minnix moved to adopt the ordinance with condition #1 amended that Lowe's will flip the location of the garden center and truck loading docks to the northern property area of the proposed project. The motion carried by the following recorded vote: October 28, 1997 681 (4) If any of the residential homes on Washington Road remain, petitioner proffers to upgrade, pave and maintain Washington Road to provide continuous, adequate and safe access to these houses. This upgrade will be to a standard acceptable to the County and reviewed during the site plan review process. 4. That said real estate is more fully described as follows: Beginning at a point in the westerly right-of-way line of Franklin Road, U. S. Route 220, common corner to Lots 3 and 4, Block 1, Pinkard Court; thence with the westerly right-of--way line of U. S. Route 220 on a curve to the right having a radius of 5677.58 feet, a delta angle of 00° 53' 06", a chord of 86.79 feet bearing S. 17° 39' 16" E. along the arc a length of 87.69 feet to a point; thence S. 17° 12' 43" E. 266.43 feet to a point; thence S. 59° 16' 34" W. 33.60 feet to a point; thence S. 30° 43' 26" E. 20.00 feet to a point; thence, S. 17° 12' 43" E. 8.32 feet to a point in the said right-of-way line of U. S. Route 220; thence leaving Route 220 and with Old Heritage Corporation and Quail Valley Condominium S. 59° 57' S1" W. 1022.17 feet to a point in the line of said Quail Valley Condominium; thence along the westerly right-of--way of Washington Road and the line of Leo, Inc. N. 29° 17' 28" W. 156.01 feet to a metal fence post found; thence with the line of Balow, St.Clair, Old Heritage Corporation and Jernigan N. 29° 17' 30" W. 466.32 feet to a point; thence N. 64° 20' 39" E. 9.76 feet to a point; thence across the end of Valley Avenue N. 25° 39' 21" W. 24.84 feet to a fence post; thence continuing with Jernigan N. 28° 10' 03" W. 177.32 feet to a point; thence with Jernigan and the Roanoke County Board of Supervisors and Jernigan N. 82° 40' 36" W. 275.75 feet to an iron rod found; thence N. 75° 52' 47" W. 140.97 feet to an iron rod found, corner to Hairston Cemetery and Craighead Real Estate; thence with Craighead Real Estate N. 65° 59' 50" E. 1059.30 feet to a point in the line of R. C. Gallagher; thence with Gallagher S. '14° 33' 05" E. 406.07 feet to a point; thence across Valley Avenue S. 24° 28' 26" E. 25.00 feet to a point in the southern right-of--way line of Valley Avenue; thence with said right-of--way N. 65° 31' 34" E. 400.21 feet to a point; thence leaving Valley Avenue and with the lines of Lots 1, 2, and 3, Block 1 of Pinkard Court, S. 16° 25' 09" E. 123.37 feet to a point; thence with the line of said Lot 3, N. 73° 34' S1" E. 122.64 feet to the point of beginning, and containing an area of 21.686 acres of land according to a plat of survey revised date 22 August 1977 by Anderson & Associates, Inc., Document No. 14675-002. 5. That this ordinance shall be in full force and effect thirty (30) days after Lowe's Companies, lnc. becomes the fee simple owner of the entire 21.686 acre tract described above. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed to amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. On motion of Supervisor Minnix to adopt the ordinance with condition #1 October 28, 1997 683 on the proposed location, there would not be room for any expansion of the fire department. He requested that the tower be moved back in the woods. Supervisor Harrison asked where additional buildings would go if the tower were shared by others. David Klum, representing Ohio State Cellular, advised that others could share the one building. Mr. Hodge advised that the County did not actually own the acreage and if they get the land from the state, they would have to go through the Special Use Permit process again. He requested approval of the permit and that Oho State Cellular wait as long as possible before building the tower. In response to a question from Supervisor Johnson, County Attorney Paul Mahoney concurred that another Special Use Permit would be required if the County received the additional property. . Supervisor Harrison moved to continue this item until the November 18, 1997 Board meeting. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Harrison, Minnix, Nickens, Johnson NAYS: None 10. Second reading of ordinance to rezone 9 77 acres from R 1 Conditional to R-1 to construct single family residences located at the south side of Woodhaven Road., approximately 0 5 mile east of its intersection with Green Ridge Road, Catawba Magisterial District upon the petition of Ernest Clark (Terry Harrington. Planning & Zoning Director) CONTINUED FROM October 28, 1997 6S5 ORDINANCE 102897-20 AUTHORIZING THE VACATION OF A PORTION OF AN EXISTING 15-FOOT DRAINAGE EASEMENT AND ACCEPTANCE OF A NEW 15-FOOT DRAINAGE EASEMENT ACROSS 3.07 ACRES OF LAND ON THE WEST SIDE OF DORSET DRIVE (TAX MAP #76.10-5- 33.1), PROPERTY OF DANNY A. GILBERT AND LINDA K. GILBERT WHEREAS, by subdivision plat entitled "Plat of Section No. 1 SUGAR LOAF MOUNTAIN ESTATES", dated November 18, 1968, and recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Plat Book 7, page 24, a 15-foot (15') drainage easement was shown and created across the remaining property of Double-R Corporation; and, WHEREAS, a portion of said remaining property, over which the drainage easement is shown, consisting of 3.07 acres of land and lying on the west side of Dorset Drive in the Windsor Hills Magisterial District of the County of Roanoke, Virginia, and designated on the Roanoke County Land Records as Tax Map No. 76.10-5-33.1, was conveyed by deed dated April 30, 1987, and recorded in the aforesaid Clerk's Office in Deed Book 1261, page 1433, to Danny Arthur Gilbert and Linda Kay Gilbert, husband and wife, the current owners of the property; and, WHEREAS, in connection with a County drainage improvement project to reduce and/or eliminate storm water runoff from an existing inadequate system, designated as Drainage Project P-164, the drainage across the Gilbert property is to be redirected, which requires relocation of the drainage easement; and, WHEREAS, by deed of easement dated April 25, 1997, Danny A. and Linda K. Gilbert have conveyed a new drainage easement to the Board of Supervisors of Roanoke County, subject to and in exchange for vacation of a portion of the existing drainage easement; and, WHEREAS, the County's engineering staff has recommended and approved the relocation, which will allow for improved storm water management and will serve the public interest; and, WHEREAS, §15.1-482(b) of the 1950 Code of Virginia, as amended, requires that such action be accomplished by the adoption of an ordinance by the governing body; and, WHEREAS, notice has been given as required by §15.1-431 of the 1950 Code of Virginia, as amended, and first reading of this ordinance was held on October 14, 1997; and the public hearing and second reading of this ordinance was held on October 28, 1997. THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That a portion of a 15' drainage easement across property owned by Danny Arthur Gilbert and Linda Kay Gilbert, husband and wife, shown cross-hatched and designated as "EXIST. DRAINAGE EASEMENT (P.B. 7, PG. 24) TO BE VACATED" upon the'Plat Showing Drainage Easement Being Granted To The Roanoke County Board Of October 28, 1997 687 real estate for public purpose, Catawba Farm, and 2.1-344 A (7) consultation with legal counsel concerning poten#ial litigation, BPOL tax. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Harrison, Minnix, Nickens, Johnson NAYS: None IN RE: CERTIFICATION RESOLUTION R-102897-21 At 10:23 p.m., Supervisor moved to return to open session and adopt the Certification Resolution. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Harrison, Minnix, Nickens, Johnson NAYS: None RESOLUTION 102897-21 CERTIFYING EXECUTIVE MEETING WAS HELD IN CONFORMITY WITH THE CODE OF VIRGINIA WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened an executive meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of The Virginia Freedom of Information Act; and WHEREAS, Section 2.1-344.1 of the Code of Virginia requires a certification by the Board of Supervisors of Roanoke County, Virginia, that such executive meeting was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, hereby certifies that, to the best of each members knowledge: 1. Only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the executive meeting which this certification resolution applies, and 2. Only such public business matters as were identified in the motion convening the executive meeting were heard, discussed or considered by the Board of Supervisors of Roanoke County, Virginia. On motion of Supervisor Johnson to adopt the Certification Resolution, and carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson 4 November 18, 1997 689 _ _ _ ~ ~~ __ ~~ _ _ _~._ _~ _W~ ~~_ ~._ _. _ ~ ~_ ~ ___ . _ ~ .~ u~ _ _ _ _ ~. Roanoke County Administration Center 5204 Bernard Drive Roanoke, Virginia 24018 November 18, 1997 The Board of Supervisors of Roanoke County, Virginia, met this day at the Roanoke County Administration Center, this being the third Tuesday, and the firs# regularly scheduled meeting of the month of November, 1997. N RE: CALL TO ORDER Chairman Johnson called the meeting to order at 3:05 p.m. The roll call was taken. MEMBERS PRESENT: Chairman Bob L. Johnson, Vice Chairman Harry C. Nickens, Supervisors Lee B. Eddy, Fenton F. "Spike" Harrison, H. Odell "Fuzzy" Minnix MEMBERS ABSENT: None STAFF PRESENT: Elmer C. Hodge, County Administrator; Paul M. Mahoney, County Attorney; Brenda J. Holton, Deputy Clerk; John M. Chambliss, Assistant County Administrator; Don C. Myers, Assistant County Administrator; Anne Marie Green, Director, Community Relations IN RE: OPENING CEREMONIES The invocation was given by John M. Chambliss, Assistant County Administrator. The Pledge of Allegiance was recited by all present. November 18, 1997 691 IN RE: BRIEFINGS 1_. Annual Report from Blue Ridge Community Services Board. (Bonnie Pollock. Roanoke County representative] The report was made by Bonnie Pollock, BRCS Board of.Directors member, and Roanoke County representative. Also present were Thomas Chapman, Director of Administration, and Kathy York, Administrative Assistant. IN RE: NEW BUSINESS 1. Request from the Schools for an advance of $1,721,200 for architectural contracts for Phase I of the School Capital Improvement Program. ~Dr. Deanna Gordon, School Superintendent, This item was deferred to the first item on the evening agenda. 2. Request from the National Association of Counties (NACO) for a contribution to fund a Legal Defense Fund to oppose changes in the 1996 Telecommunications Act. (Elmer Hodge County Administrator) A-111897-1 Mr. Hodge advised that NACo was involved in lobbying the Telecommunications Act of 1996 and was successful in protecting county interests in the November 18, 1997 693 schedule as the County. He recommended that the County employees be allowed to take the additional holidays authorized by Governor Allen as outlined in the Employee Handbook and already approved for the Constitutional Offices in the Courthouse. After discussion, the staff was asked to review the merits of flexible holidays and Mr. Hodge was directed to bring back a report. Supervisor Nickens moved to approve granting three days as directed by the Governor and revise the Employee Handbook to delete "or the Governor of Virginia" from the Holiday Schedule Section. The motion carried by the following recorded vote: AYES: Supervisors Minnix, Harrison, Nickens, Johnson NAYS: Supervisor Eddy IN RE: REQUEST FOR PUBLIC HEARING AND FIRST READING OF REZONING ORDINANCES -CONSENT AGENDA Supervisor Nickens moved to approve the first reading and set the second readings and public hearings for December 16, 1997. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Harrison, Minnix, Nickens, Johnson NAYS: None 1. Ordinance to obtain a Special Use Permit to operate a home occupation in an accessory structure located at 6934 Brookview Road. Hollins Magisterial District, upon the petition of Vince's Small Engine Repair 2. Ordinance to rezone 14 22 acres from A -1 to R-1 to construct single family homes. located in the 1500 block of Skwiew Road November 18, 1997 695 2. First reading of ordinance authorizing quitclaim and release of a water and sanitary sewer easement within boundaries of Chagall Drive and located between Lot 1, Block 3, Section 2 and Lot 3A. Block 2. Section 1 of the Gardens of Cotton Hill (Arnold Covey. Engineering 8~ Inspections Director) Mr. Covey advised that this is an effort to move forward to have the streets in the Lilies of the Garden, Section 3, Subdivision accepted by the Virginia Department of Transportation. VDOT requires that the right of ways be free and clear and this easement was created prior to the platting of that subdivision. The quitclaim still gives the County the right to maintain the utilities within that right of way and if anything happens in the future, it would revert back to the County. There was no discussion. Supervisor Minnix moved to approve the first reading and set the second reading for December 2, 1997. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None IN RE: APPOINTMENTS 1. Commission for Senior and Challenged Citizens Supervisor Nickens nominated Joyce Heath to represent the Vinton Magisterial District. 2. Library Board November 18, 1997 697 Supervisor Minnix moved to approve Item 8. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens NAYS: None ABSTAIN: Supervisor Johnson Supervisor Nickens suggested that concerning Item 9 dealing with Lowe's and Pinkard Court, consideration be given to memorializing the name of Pinkard Court as a street name or in some appropriate manner. Chairman Johnson directed Mr. Hodge to handle this as a staff function. RESOLUTION 111897-03 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM J -CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the certain section of the agenda of the Board of Supervisors for November 18, 1997 designated as Item J -Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 through 11, inclusive, as follows: 1. Approval of Minutes -September 23, 1997, October 14, 1997, and October 28, 1997 (Joint Meeting with Roanoke City Council). 2. Confirmation of Committee Appointments to the Building Code Board of Adjustments and Appeals (Fire Code Board of Appeals), Grievance Panel, Commission for Senior and Challenged Citizens, Committee to establish guidelines and policies for placement of communication towers, and Parks and Recreation Advisory Commission. 3. Donation of 20' sanitary sewer easement in connection with development of Winnbrook Subdivision across property owned by Virgil E. Jamison, et als. November 18, 1997 699 WHEREAS, the streets described on the attached Additions Form SR-5(a), fully incorporated herein by reference, are shown on plats recorded in the Clerk's Office of the Circuit Court of Roanoke County, and WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised this Board the streets meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation, and NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia Department of Transportation to add the streets described on the attached Additions Form SR-5(A) to the secondary system of state highways, pursuant to §33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements, and BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts, fills and drainage, and BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident engineer for the Virginia Department of Transportation. Recorded Vote Moved By: Supervisor Johnson Seconded By: None Required Yeas: Supervisors Eddx,, Harrison. Minnix, Nickens, Johnson Nays: None Absent: None IN RE: REQUESTS FOR WORK SESSIONS Chairman Johnson advised that the Board plans to have a two day retreat in January, 1998, and requested that the Board members give possible dates to staff later in the evening. Chairman Johnson advised that a work session on the Comprehensive Plan is scheduled for December 16, 1997. IN RE: CITIZENS' COMMENTS AND COMMUNICATIONS November 18, 1997 x701 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. Qn 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 IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS Supervisor Harrison: (1) He advised that he received a petition from the North Lakes neighborhood and is working with Planning and Zoning to resolve. (2) He advised that the new road into the Kroger Distribution Center is open. (3) He wished the Glenvar Girls' Basketball Team good luck in the State Tournament. Supervisor Nickens: (1) He announced that the Virginia Department of Transportation public hearings concerning Hardy Road will be held at 4:00 p.m. and 7:00 p.m. on December 9, 1997, at the Vinton Senior Citizens Center. Supervisor Edda: (1) He asked about the status of the utility billing form. Mr. Hodge advised that staff plans to have a report on December 2, 1997. Supervisor Eddy advised that his primary concern was the inadequate and misleading information on November 18, 1997 703 Supervisor Nickens moved to receive and file Item 6. The motion carried by the following recorded vote. AYES: Supervisors Eddy, Harrison, Minnix, Nickens, Johnson NAYS: None Supervisor Nickens asked for a copy of the number of participants per day for February, 1997, through October, 1997. Youth Haven II Director, Ms. Tys-Berson, will provide him with this information. 7. Report on revised fee schedule established by Industrial Development Authority 8. Report from the Virginia Department of Transaortation of changes to the Secondary System as of October 1997 9. Status of Policy Manual. IN RE: EXECUTIVE SESSION At 4:45 p.m., Supervisor Johnson moved to go into Executive Session after the work sessions pursuant to the Code of Virginia Section 2.1-344 A. (7) consultation with legal counsel pertaining to agreement with the Town of Vinton; and (7) consultation with legal counsel concerning pending litigation The motion carried by the following recorded vote: AYES: Supervisors Eddy, Harrison, Minnix, Nickens, Johnson NAYS: None November 18, 1997 cos _ .. suggestion. Mr. Hodge suggested obtaining a bond for the entire $7.2 million needed to complete the roads currently on the six year plan and then pay the debt service with the revenue allocated each year from the State for the six year plan. There were no changes made to the Six Year Secondary System Construction Plan or the Revenue Sharing Plan. Mr. Covey advised that there will be a public hearing concerning this item on December 16, 1997 at 7:00 p.m. 3. Parks and Recreation to discuss facility and athletic program issues. (Pete Haislip, Parks & Recreation Director The work session began at 6:25 p.m. It was presented by Pete Haislip. It was the consensus of the Board for (1) Chairman Johnson to write a letter to the School Board Chairman about youth athletics at the middle school level; (2} the Parks & Recreation Community Use Manual to be followed; (3) the Board to continue working with schools; and (4) the Parks & Recreation Department to hold the ages of the participants in athletics to six years and up. IN RE: CERTIFICATION OF EXECUTIVE SESSION At 7:00 p.m., Chairman Johnson announced that the Executive Session was not held. It was postponed until the end of the evening session and no action is anticipated. IN RE: UNFINISHED BUSINESS 1. Request from the Schools for an advance of $1,.721,200 for November 18, 1997 7U7 _.__ __ ._ certain expenditures made and/or to be made in connection with the acquisition, renovation, construction and equipping of certain capital improvements for school projects, and WHEREAS, The School Board requested an advance of $ 50,000 on September 11, 1997 for environmental assessments, advertising costs for architects and engineers, core drillings, and other costs related to the acquisition of land in South County, and WHEREAS, the County Board approved this $50,000 advance on September 23, 1997, and WHEREAS, the School Board has now requested an advance of an additional sum of $1,721,200 to hire architects to design various school projects, NOW THEREFORE BE IT RESOLVED that the County Board will advance the additional sum of $1,721,200 to the School Board to hire architects to design various school projects. 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 IN RE: PUBLIC HEARING AND FIRST READING OF ORDINANCES 1. First reading of ordinance authorising the vacation of a portion of a platted, unnamed, abandoned 90' right-of-way as shown on the map of Lee Mitchell Subdivision, recorded in Plat book 3 Page 203, and located in the Catawba Magisterial District (Arnold Covey. Engineering ~ Inspections Director Mr. Covey advised that the petitioner, Mr. Thomas Moore, is the owner of the parcel adjacent to the right-or-way and desires to vacate this abandoned right-of-way to improve his property, which is located in the City of Salem. The Lee Mitchell Subdivision was annexed by the City of Salem in December 1966, and the only portion of the plat that was not included in the annexation was the 90 foot unimproved right-of-way. Mr. Covey recommended that the Board approve the first reading of the ordinance to vacate the right- November 18, 1997 7-O~ continued by the Board until December 16, 1998, but an agreement has been reached on this item with all the parties and he is asking for approval at this meeting. He distributed a revised ordinance and survey plat which shows the location of the proposed cellular tower at the site. Representatives from Ohio State Cellular were present. Mr. Mahoney advised that paragraph 1 (8) of the ordinance had been changed to state more accurately the location of the tower; and that the ordinance was conditional upon the actual receipt and acceptance of a deed from the Commonwealth of Virginia for the additional three acres of real estate and the ordinance would be null and void if this deed is not received by December 16, 1997. There was discussion about the terms of the lease and whether or not Ohio State Cellular may want a longer term. Mr. Mahoney advised that the Board approved the (ease at their meeting on October 28, 1997. The Board authorized Mr. Mahoney to negotiate provisions in the lease agreement to address the salvage and technological changes. Supervisor Harrison moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None ORDINANCE 111897-06 GRANTING A SPECIAL USE PERMIT TO OHIO STATE CELLULAR PHONE CO., INC. TO CONSTRUCT A COMMUNICATIONS TOWER AT 5585 CATAWBA HOSPITAL DRIVE (TAX MAP NO. 7.00-1-29), CATAWBA MAGISTERIAL DISTRICT WHEREAS, Ohio State Cellular Phone Co., Inc. has filed a petition to construct a communications tower located at 5585 Catawba Hospital Drive (Tax Map No. November 18, 1997 711 ~_ _. _ v_._. ,__ ~_~ _. _~ _m._F ~~~~,~.~~ ~ _~~ ______ .~_ ~ ~_mR ro_a_~ _ ._~_ ~~ _~._ _ ._ r ._ ny amage o e exis mg paving or a par ing ot, apron, or access to the fire station resulting from the construction or operation of the tower, shall be repaired at the expense of the petitioner. (7) Public emergency communications equipment shall be accommodated at no expense to the County. (8) The location of the tower structure and related equipment shall be as shown on a plat entitled "Catawba Cellular Phone Tower Site Plan, Roanoke County, Virginia° prepared by LMW, P.C., Engineering, Architecture, Surveying, dated 11/18/97. 2. That this ordinance shall be in full force and effect upon after the receipt and acceptance by the Board of Supervisors of Roanoke County of a deed from the Commonwealth of Virginia for an additional three (3) acres of real estate, which shall be added and combined to Tax Map No. 7.00-1-29. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed to amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. 3. That, in the event the aforementioned deed from the Commonwealth of Virginia for an additional three (3) acres of real estate is not received and accepted by the Board of Supervisors of Roanoke County by December 16, 1997, this ordinance shall be deemed null and void, and thereby, shall be repeated. On motion of Supervisor Harrison to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None 2. Second reading of an ordinance to rezone 2.881 acres from AG-3 to AR in order to divide the parcel into three building lots located at the end of Toddsbury Drive. Vinton Magisterial District, upon the petition of Falling Creek Development, L.C. (Terry Harrington. Planning and Zoning Director) 0-111897-7 November 18, 1997 713 0 3. That said real estate is more fully described as follows: Beginning at an iron pin found in the easterly boundary line of Section 5, Falling Creek Estates, recorded in the Clerk's Office of the Circuit Court for Roanoke County at PB 9, page 146, marking the common comer of Lots 18 and 19; thence along and with the boundary of said Lot 18, N. 26° 45' 48" E. 299.67 feet to an iron pin found in the property line of Falling Creek Development, L.C.; thence, along and with said Falling Creek Development, L.C. S. 44° 53' 30" E. 452.74 feet to an iron pin found; thence, S. 56° 14' 08" W 158.96 feet to an iron pin found; thence, leaving said Falling Creek Development, L. C., with a new line, N. 72° 50' 44" W. 452.79 feet to the point of Beginning, containing 2.881 acres, as shown on the "Plat Showing Survey of a Portion of Property Owned by Louis P. Bailey, Jr." prepared by Donnie W. Blusher, L.S., dated July 21, 1995, a copy of which is recorded in the Clerk's Office of the Circuit Court of Roanoke County in PB 18, page 84. 4. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed to amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. On motion of Supervisor Nickens to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None 3. Second reading of ordinance to obtain a Special Use Permit to construct mini-warehouse storage facilities located in the 1900 block of Washington Avenue, west of .the East Vinton Plaza} Vinton Magisterial District. upon the petition of W. H. Olive and Jacqulin Lo aq n. (Terry Harrington, Planning and Zoning Director 0-111897-8 November 18, 1997 715 _ _ ~ ~_ ~.~_. ___~ , .. ~~ ~~~ s~ ~ .~ _ .v.~ ~ b_ ~n _ ~ - _ ...a ~ _. ype screening and buffering will be required to the rear (north) of and to the northwest side of the Vinton Family Medical Center where the clinic borders the proposed mini-warehouses. (2) Site will be developed in conformance with site plan dated July 16, 1987, and revised June 2, 1997. (3) Height of the storage buildings is limited to 10 feet. 2. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed to amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. On motion of Supervisor Nickens to adopt the ordinance with Condition 1 revised to include Type C screening and buffering, and carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None IN RE: CITIZEN COMMENTS AND COMMUNICATIONS Mr. Melvin C. Anderson, III, 856 Chestnut Street, Vinton, VA, presented a petition from citizens asking that the shelter in the Capital Improvement Program which is being planned for Craig Center be erected instead at M. A. Banks Park. He also presented a letter of support from the Vinton Town Council. The Board referred this item to the staff and requested that the Town of Vinton be contacted. IN RE: EXECUTIVE SESSION Chairman Johnson advised that the motion and vote to go into Executive Session was taken at 4:45 p. m. and he asked that the time for that action be changed to 7:51 p.m. At 7:51 p.m., Supervisor Johnson moved to go into Executive Session November 18, 1997 717 e . NAYS: None IN RE: POLICE DEPARTMENT ACCREDITATION Mr. Hodge briefed the Board on the process for the Police Department accreditation. IN RE: ADJOURNMENT Supervisor Johnson moved to adjourn the meeting at 8:50 p.m. The motion carried by a unanimous voice vote. Submitted by, Brenda J. Holton Deputy Clerk Approved by, Bob L. Johnson Chairman December 2, 1997 719 Roanoke County Administration Center 5204 Bernard Drive Roanoke, Virginia 24018 December 2, 1997 The Board of Supervisors of Roanoke County, Virginia, met this day at the Roanoke County Administration Center, this being the first Tuesday, and the first regularly scheduled meeting of the month of December, 1997. N RE: CALL TO ORDER Chairman Johnson called the meeting to order at 3:00 p.m. The roll call was taken. MEMBERS PRESENT: Chairman Bob L. Johnson, Supervisors Lee B. Eddy, Fenton F. "Spike" Harrison, H. Odell "Fuzzy" Minnix MEMBERS ABSENT: Vice Chairman, Harry C. Nickens STAFF PRESENT: Elmer C. Hodge, County Administrator; Paul M. Mahoney, County Attorney; Mary H. Allen, Clerk; John M. Chambliss, Assistant County Administrator; Don C. Myers, Assistant County Administrator; Anne Marie Green, Director, Community Relations IN RE: OPENING CEREMONIES The invocation was given by Gardner W. Smith, Roanoke County Ombudsman. The Pledge of Allegiance was recited by all present. December 2, 1997 721 Subala~ Economic Development Directorl A-120297-2 Mr. Gubala reported that Roanoke County executed amulti-party agreement in 1996 with the Greater Roanoke Valley Development Foundation, the Industrial Development Authority and Fralin and Waldron regarding the construction of a shell building and development of Valley Gateway. On November 19, 1996, the Board of Supervisors approved $599,250 to fund the project. Completion of the shell building and industrial access road are scheduled for January 1998. The actual cost for completion of Valley Gateway is estimated to be $609,312 which is $10,062 higher than the funds appropriated in 1996. The cost of the site was higher because the final survey showed that additional acreage needed to be conveyed to the Foundation. Mr. Gubala requested that the Board authorize an expenditure of $10,062 from the Economic Development Capital Account to complete the project. Supervisor Johnson moved to approve appropriation of $10,062.54 from the Economic Development Capital Account. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Harrison, Nickens, Johnson NAYS: None ABSENT: Supervisor Nickens 2. Resolution ado pting a le gislative~rog ram for the 1998 session. the Virginia Gen eral Assembly .(Paul Mahoney County December 2, 1997 723 A-120297-3 Ms. Cox reported that the property recently purchased by the County from Glenn Mary Associates included three occupied houses and 200 acres of fenced farm land. The County plans to continue rental and leasing arrangements for the next two years. Staff is requesting that the income from the rental and lease of property be set aside in a Maintenance and Repair account to defray future expenses on the property. Supervisor Eddy asked how the name Corporate Technology Park was chosen. There was general consensus from the Board that they would prefer another name and asked that staff bring back recommendations to name the project. Supervisor Minnix moved to approve the account for maintenance and repair. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Harrison, Minnix, Johnson NAYS: None ABSENT: Supervisor Nickens 4. Request for additional appropriation for the underground storage tank removal project (William Rand~General Services Director A-120297-4 Mr. Rand advised that General Services has been coordinating the removal of underground storage tanks on County properties. $160,000 was appropriated for removal of the tanks but staff could not predict the cost of remedial action if the tanks December 2, 1997 725 Chairman Johnson presented the resolution to Coach Tim Chocklett and members of the team. Supervisor Johnson moved to adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Harrison, Johnson NAYS: None ABSENT: Supervisors Minnix and Nickens RESOLUTION 120297-1 OF CONGRATULATIONS TO WILLIAM BYRD HIGH SCHOOL GOLF TEAM FOR WINING THE 1997 AA STATE CHAMPIONSHIP WHEREAS, team sports are an important part of the curriculum at schools in Roanoke County, teaching cooperation, sportsmanship and athletic skill; and WHEREAS, the William Byrd High School Golf Team, won the 1997 AA State Championship, shooting 29 shots better than Salem, the second place team; and WHEREAS, the William Byrd golf team also won the Group AA State Championship in 1992, and during this season won the Heritage Invitational Championship and the Region III Championship. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, does hereby extend its sincere congratulations to the members of the William Byrd High School Golf Team: Robbie Craft, Mike Damiano, Scott Wise, Tommie Austin, Brian Mahanes, Chris Koon, Marc Patrouch, and Coach Tim Chocklett, for their athletic ability, their team spirit, and their commitment to each other; and FURTHER, BE IT RESOLVED, that the Board of Supervisors extends its best wishes to the team members, the coach, and the school in their future endeavors. On motion of Supervisor Johnson to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Eddy, Harrison, Johnson NAYS: None ABSENT: Supervisors Minnix, Nickens IN RE: FIRST READING OF ORDINANCES 1. First reading of ordinance authorizing the construction financing December 2, 1997 727 water quality and a water shortage. Due to the response, a limited water project was selected that would include 28 properties along Richland Hills Drive and the project could also serve the Roanoke College Investment Corporation. The estimated cost of construction is $88,550 and the cost per property owner would be $4,500. Letters were sent to the residents in Richland Hills Drive subdivision and 10 responded affirmatively which is 35% of the available properties. Mr. Robertson explained that although the project failed to meet the 50% participation rate, additional funds will be recovered from the development of the Roanoke College property. He requested that the Board approve construction of the water line at a cost of $88,550 with funding coming from the participating property owners, the Public Works Participation Fund and the North Transmission Line Project. In response to a question from Supervisor Harrison, Mr. Robertson advised that the residents have 90 days from when the Board approved the project to sign up for inclusion. Supervisor Harrison moved to approve the first reading and set the second reading for December 16, 1997. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Harrison, Johnson NAYS: None ABSENT: Supervisors Minnix and Nickens 3. First reading of ordinance amending the Roanoke County Code by the addition of Section 15-5 1 of a Public Tree Ordinances December 2, 1997 7x29 utility billing procedures related to deposits and delinquent collections. (Diane Hvatt. Finance Director) Ms. Hyatt reported that the Board requested that the. staff review the current Utility Billing policies such as delinquent collections, refund of deposits after good payment and changes in the bill format. While some of these changes would require extensive reprogramming, staff can address the delinquent collections and refund of deposits after good payment history. The new method will charge a $20 disconnect fee and escalating reconnect fee up to $120 based on the number of times the customer has been disconnected under this new system. These fees would be non-refundable. Ms. Hyatt also advised that staff has proposed a new policy to refund additional security deposits imposed under the old method after the customer has demonstrated a year of good payment history. Supervisor Eddy explained that he recommended additional changes to the ordinance in a memo and asked Ms. Hyatt if any of them could be implemented. Ms. Hyatt responded that they could set afive-year limitation in the time for which the reconnection fees apply and that they would refund all deposits except the initial deposit. Supervisor Eddy moved to approve the first reading with the five year cutoff language included in the ordinance for the second reading and public hearing scheduled for December 16, 1997. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Harrison, Johnson NAYS: None ABSENT: Supervisors Minnix and Nickens December 2, 1997 731 following recorded vote: AYES: Supervisors Eddy, Harrison, Johnson NAYS: None ABSENT: Supervisors Minnix and Nickens ORDINANCE 120297-5 AUTHORIZING THE EXECUTION OF A LEASE OF REAL ESTATE, OFFICE SPACE FOR THE COURT SERVICES UNIT BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That pursuant to the provisions of Section 18.04 of the Charter of Roanoke County and pursuant to the authority found in §§ 15.1-262 and 15.1-897 of the 1950 Code of Virginia, as amended, the acquisition of any interest in real estate, which includes a lease of office space, shall be accomplished by ordinance; and 2. That pursuant to the provisions of Section 18.04 of the Charter of Roanoke County the first reading on this ordinance was held on November 18, 1997, and the second reading was held on December 2, 1997, concerning the lease of office space for the use of the Court Service Unit at the Salem Bank and Trust Building in the City of Salem, together with all appurtenances thereto belonging; and 3. That this lease is with East Main Street Properties, L.L.C. of approximately 550 square feet of office space for a term commencing the 1st day of January, 1998, and ending the 31st day of December, 1998, for an annual rental of $4,812.50, payable in equal monthly installments of $401.04. 4. That the lease agreement setting forth the terms and conditions of this lease is incorporated herein by reference. 5. That the County Administrator is authorized to execute this lease on behalf of the County of Roanoke and to execute such other documents and take such other actions as are necessary to accomplish this transaction all of which shall be upon form approved by the County Attorney. On motion of Supervisor Eddy to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Eddy, Harrison, Johnson NAYS: None ABSENT: Supervisors Minnix, Nickens 2. Second reading of ordinance authorizing quitclaim and release of a water and sanitary sewer easement within boundaries of December 2, 1997 733 ~_ _. , _ _ _ _ ~ ~ _~_.. Y~_ ~ ,_,_ 2. That pursuant to the provisions of Section 16.01 of the Charter of Roanoke County, the interests in real estate to be released are hereby made available for other public uses by conveyance to the Commonwealth of Virginia for acceptance of Chagall Drive into the state secondary road system by the Virginia Department of Transportation (VDOT). 3. That quit-claim and release of the water and sanitary sewer easement within the boundaries of Chagall Drive and located between Lot 1, Block 3, Section 2 and Lot 3A, Block 2, Section 1 of the Gardens of Cotton Hill, to the Commonwealth of Virginia, is hereby authorized subject to the following conditions: a. VDOT issuance of a permit for the water and sanitary sewer lines or facilities. b. The facilities located within the 50-foot right-of-way, between Lot 1, Block 3, Section 2, and Lot 3A, Block 2, Section 1, of the Gardens of Cotton Hill, may continue to occupy the street or highway in the existing condition and location. c. The release would be for so long as the subject section of Chagall Drive is used as part of the public street or highway system. 4. That the subject easement is not vacated hereby and shall revert to the County in the event of abandonment of the street or highway. 5. That the County Administrator is hereby authorized to execute such documents and take such further actions as may be necessary to accomplish this conveyance, all of which shall be on form approved by the County Attorney. 6. That this ordinance shall be effective on and from the date of its adoption. On motion of Supervisor Johnson to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Eddy, Harrison, Johnson NAYS: None ABSENT: Supervisors Minnix, Nickens 3. Second reading of ordinance authorizing the vacation of a Qortion of a platted, unnamed, abandoned 90' right-of-wav as shown on the ma..p of Lee Mitchell Subdivision recorded in Plat book 3, Paae 203~and located in the Catawba Magisterial December 2, 1997 ~~~ 2. That this vacation shall be subject to the rights of the owners of any existing public utility installations as provided in §15.1-483 of the Code of Virginia, (1950, as amended). 3. That all costs and expenses associated herewith, including but not limited to, publication costs, survey costs and recordation of documents, shall be the responsibility of the Petitioner, Thomas Moore, or his successors or assigns; and, 4. That this ordinance shall be effective on and from the date of its adoption, and a certified copy of this ordinance shall be recorded in the Clerk's Office the Circuit Court of Roanoke County, Virginia, in accordance with Section 15.1-482(b) of the Code of Virginia (1950, as amended). On motion of Supervisor Harrison to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Eddy, Harrison, Johnson NAYS: None ABSENT: Supervisors Minnix, Nickens IN RE: APPOINTMENTS 1. Blue Ridge Community Services Board of Directors Supervisor Eddy nominated Susan Scheibe to another three year term which will expire December 31, 2000. 2. Commission for Senior and Challenged Citizens. 3. Librar~Board Supervisors Eddy asked Clerk Mary Allen to inform Supervisor-Elect Joe McNamara concerning this appointment. ~ Social Services Advisory Board Supervisor Eddy advised that he received the resignation of Jan Dowling, Windsor Hills District member of the Social Services Advisory Board. He referred this appointment to Supervisor-Elect Joe McNamara. 5. Fifth Planning District Commission December 2, 1997 73rr 3. Request for acceptance of Chagall Drive into the Virginia Department of Transportation Secondary System. 4. Resolution of Support to increase the "Two-for-Life" funding for the benefit of rescue squads to a "$4-for-Life" Program. 5. Request to reallocate unexpended monies from the Virginia Juvenile Community Crime Control Act (VJCCCA) Crime Control Grant. 6. Donation of a variable width sanitary sewer easement along the south side of original Route 687 across property of Lions Club of Cave Spring District Inc. and property of Edward L. Lester. 7. Donation of an additional 5 foot drainage and sanitary sewer easement on property owned by Triangle Developers, Inc. 8. Acceptance of water and sanitary sewer facilities serving Parkway Place, Section 1. 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 Resolution, and carried by the following recorded vote: AYES: Supervisors Eddy, Harrison, Johnson NAYS: None ABSENT: Supervisors Minnix, Nickens RESOLUTION 120297-8.b REQUESTING ACCEPTANCE OF CHADSWORTH COURT AND PORTION OF SCOTFORD COURT INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY SYSTEM. WHEREAS, the streets described on the attached Additions Form SR-5(a), fully incorporated herein by reference, are shown on plats recorded in the Clerk's Office of the Circuit Court of Roanoke County, and WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised this Board the streets meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation, and NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia Department of Transportation to add the streets described on the attached Additions Form SR-5(A) to the secondary system of state highways, pursuant to §33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements and December 2, 1997 739 of Virginia provides invaluable service to the citizens of Virginia; and WHEREAS, there exists a need to adequately fund the infrastructure of the E.M.S. system, which includes funds that are returned to the localities for E.M.S., funds for equipment grants, support for the regional E.M.S. councils, and funding for training and many other elements of the E.M.S. system; and WHEREAS, funding for all of these needs has remained constant for the past seven years, and is provided totally through the "Two-for-Life" motor vehicle registration add-on special fund without any support from the State's general fund; and WHEREAS, the Board of Supervisors of the County of Roanoke recognizes the increased costs to operate Virginia's E.M.S. system, and the need to increase that source of funding to carry the system into the next century and to meet the many increased demands. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of the County of Roanoke does hereby endorse the proposed "$4-for-Life" initiative to be presented to the Virginia General Assembly at ifs upcoming session; and FURTHER RESOLVED that the Board of Supervisors of the County of Roanoke communicates this endorsement to appropriate members of the Virginia General Assembly. On motion of Supervisor Johnson to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Eddy, Harrison, Johnson NAYS: None ABSENT: Supervisors Minnix, Nickens RESOLUTION 120297-8.e REQUESTING THE RE-ALLOCATION OF VJCCCA CRIME CONTROL MONIES FOR THE 1996-98 BI-ENNIUM WHEREAS, the County of Roanoke has previously submitted budget plans for the expenditure of the VJCCCA Crime Control monies for each fiscal year of the biennium to the Department of Juvenile Justice, and WHEREAS, at June 30, 1997, $246,008 of the County's allocation remained unspent which we now need to allocate to different categories to pay for services to the qualified youth of our community, and WHEREAS, in order to reallocate said monies, a resolution of support from the governing body and letters of support from the Court Service Unit and Juvenile Court are to be submitted to the Department of Juvenile Justice for consideration. NOW, THEREFORE BE IT RESOLVED by the Board of Supervisors of Roanoke County that the Department of Juvenile Justice is hereby requested to reallocate the unspent monies from FY 1996-97 for use during FY 1997-98 in the following categories: Operating Expenses for the Part-time staff $ 6,008 December 2, 1997 741 were picked up on regular solid waste collection dates but they were behind because of the holidays. (4) He asked if there was any conclusion on changes to the County holiday schedule. Mr. Hodge advised that they were reviewing but had no recommendation yet. (5) He asked about the ordinance change restricting front yard fences. Mr. Hodge responded that this had been discussed with Terry Harrington and Mr. Mahoney, and the difficulty is enforcement. He will check with Mr Harrington and report back. (6) He advised that he sent a memorandum regarding the storm water management plan and is concerned about the lack of movement in the project, and that no action has been taken on the Fifth Planning District Commission study. He suggested a work session on the County approach. Mr. Hodge advised that the consultant was bringing an update to all the localities. Chairman Johnson suggested adding this to the next joint meeting with Roanoke City Council. (7) He received a report from the Fifth Planning District Commission on three bikeway plans and asked if the Board would review and make recommendations. He explained that VDOT considers bikeway plans only if the locality adopts them. Mr. Hodge will check and report back. (8) He announced that Mr. Mahoney did not have time to revise the Policy Manual so he has sent memorandums to department heads requesting that they revise the areas that affect their department and report back to him within a week. (9) He reported that he had prepared a simplified CAFR and sent it to the Board for responses from them. Mr. Hodge advised that there are standards that the CAFR must adhere to but that a separate CAFR could be developed if the Board is willing to fund the additional cost. Mr. Hodge will check on cost and report back. (10) He announced that the Resource Authority has agreed to continue funding the recycling drop December 2, 1997 743 At 5:10 P.M., Supervisor Johnson moved to go into Executive Session pursuant to the Code of Virginia Section 2.1-344 A. (7) consultation with legal counsel concerning negotiations for an agreement with City of Roanoke and 2.1344 A (5) discussion of economic development prospect. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Harrison, Johnson NAYS: None ABSENT: Supervisors Minnix and Nickens IN RE: CERTIFICATION OF EXECUTIVE SESSION R-120297-9 Supervisor Johnson moved to return to open session at 5:30 p.m. adopt the Certification Resolution. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Harrison, Johnson NAYS: None ABSENT: Supervisors Minnix and Nickens RESOLUTION 120297-9 CERTIFYING EXECUTIVE MEETING WAS HELD IN CONFORMITY WITH THE CODE OF VIRGINIA WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened an executive meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of The Virginia Freedom of Information Act; and WHEREAS, Section 2.1-344.1 of the Code of Virginia requires a certification by the Board of Supervisors of Roanoke County, Virginia, that such executive meeting was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, hereby certifies that, to the best of each members knowledge: December 16, 1997 745 Roanoke County Administration Center 5204 Bernard Drive Roanoke, Virginia 24018 December 16, 1997 The Board of Supervisors of Roanoke County, Virginia, met this day at the Roanoke County Administration Center, this being the third Tuesday, and the second regularly scheduled meeting of the month of December, 1997. N RE: CALL TO ORDER taken. Chairman Johnson called the meeting to order at 3:00 p.m. The roll call was MEMBERS PRESENT: Chairman Bob L. Johnson, Vice Chairman Harry C. Nickens, Supervisors Lee B. Eddy, Fenton F. "Spike" Harrison, H. Odell "Fuzzy" Minnix MEMBERS ABSENT: None STAFF PRESENT: Elmer C. Hodge, County Administrator; Paul M. Mahoney, County Attorney; Mary H. Allen, Clerk; John M. Chambliss, Assistant County Administrator; Don C. Myers, Assistant County Administrator; Anne Marie Green, Director, Community Relations IN RE: OPENING CEREMONIES The invocation was given by Dr. Brent Sandy. Grace Brethren Church. The Pledge of Allegiance was recited by all present. December 16, 1997 747 SERVICES AS A MEMBER OF THE BOARD OF SUPERVISORS FROM 1990 TO 1997 AND AS CHAIRMAN FOR 1992 AND 1994 WHEREAS, Lee B. Eddy was first elected to the Board of Supervisors of Roanoke County from the Windsor Hills Magisterial District in 1989, and WHEREAS, Supervisor Eddy served the County of Roanoke tirelessly and selflessly for a period of eight years, devoting many hours to the business of Roanoke County both as a member of the Board of Supervisors, and as its Chairman in 1992 and 1994; and WHEREAS, during his term, Supervisor Eddy served with distinction on the Fifth Planning District Commission, the Roanoke Valley Greenway Commission, the Roanoke County Recycling Advisory Committee, the Clean Valley Council and the Roanoke County Resource Authority; and WHEREAS, Supervisor Eddy had previously served on the Board of Supervisors from 1968 to 1971, twice serving as the Chairman; and WHEREAS, in addition to his service on the Board of Supervisors, Mr. Eddy has dedicated much of his time volunteering in his community, serving as President of the Oak Grove Elementary School PTA and Cave Spring Junior High School PTA, a member of the Roanoke County Planning Commission; a Board member on Friends of the Blue Ridge Parkway and a founding member of the Fifth Planning District Commission; and WHEREAS, during his term, Supervisor Eddy was appointed by Governor George Allen to serve on the State Regional Competitiveness Act Advisory Committee. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County, Virginia, on behalf of all its citizens, does hereby extend its gratitude and appreciation to LEE B. EDDY for his many significant contributions to the County as a member and Chairman of the Board of Supervisors; and FURTHER, the Board of Supervisors wishes Mr. Eddy continued success in his future endeavors. On motion of Supervisor Minnix to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Minnix, Harrison, Nickens, Johnson NAYS: None ABSTAIN: Supervisor Eddy 2. Presentation to Roanoke County fr_ om Hayes, Seay. Mattern and Mattem for state and national awards for the Clifford Craig Dam at Spring Hollow Reservoir. R-121697-2 December 16, 1997 749 BE IT FURTHER RESOLVED, that the Board of Supervisors, on its own behalf and on behalf of the current and future residents of the Roanoke Valley, extends gratitude and appreciation to Hayes, Seay, Mattern and Mattern for the creativity, knowledge, and dedication which the firm brought to its work on the Clifford D. Craig Dam and Spring Hollow Reservoir project. On motion of Supervisor Eddy to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None IN RE: NEW BUSINESS ~ Resolution adopting a legislative program for the 1998 session of the Virginia General Assemb~ (.Paul Mahoney, County Attorneys CONTINUED FROM DECEMBER 2, 1997 Following discussion of the items on the legislative resolution, Supervisor Nickens moved to postpone adoption until the January 5, 1998 meeting with the Roanoke Valley legislators. The motion carried by a unanimous voice vote. 2. Request from Sheriffs Office to accept additional funding from the Virginia State Compensation Board to purchase Live Scan equipment. (Sheriff Gerald Holtl A-121697-3 Sheriff Holt reported that a request for $75,000 was made to the State Compensation Board on November 12, 1997 for funding of Live Scan equipment for the jail facility. This equipment will classify fingerprints and check the fingerprint files December 16, 1997 Request from School Board for an advance of $104,000 for labs. (Dr. Deanna Gordon, School Superintendent) R-121697-5 Dr. Gordon advised that the School Board is finalizing negotiations to award the architectural and engineering contract for renovations to the science labs. At their School Board meeting on November 13, the School Board approved a request for an advance of $130,000; however, this is the maximum amount they will need for the entire contract. The portion related to the design phase is $104,000, and this is the amount that the School Board is requesting at this time. Supervisor Nickens moved to adopt the resolution advancing the funds. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Harrison, Minnix, Nickens, Johnson NAYS: None RESOLUTION 121697-5 TO ADVANCE FUNDS FOR CERTAIN EXPENDITURES MADE AND/OR TO BE MADE IN CONNECTION WITH THE ACQUISITION, RENOVATION, CONSTRUCTION AND EQUIPPING OF CERTAIN CAPITAL IMPROVEMENTS FOR SCHOOL PROJECTS WHEREAS, the Board of Supervisors of the County of Roanoke, Virginia (the "County Board") adopted a resolution on August 19, 1997 declaring its intention to architectural and Engineering fees for renovations to the science December 16, 1997 752 IN RE: FIRST READING OF ORDINANCES 1. First Reading of Ordinance to execute an intergovernmental aareement,,._purchase contract and lease agreement to purchase, overate and maintain a joint 800 MHZ radio system with the Citv of Roanoke (.William Rand, General Services Director) 0-121697-6 Mr. Rand reported that in 1987, Roanoke County placed in operation a 7 channel 800 MHZ radio system on Poor Mountain. In 1990, additional tower sites were added on Fort Lewis Mountain and Crowells Gap. In April 1997 a third upgrade was completed adding 6 channels for a total of 13. Two years ago, a joint city/county task force decided that a combined communication system would provide operational and economic benefits. A consultant was hired to explore and evaluate all reasonable methods of providing joint communications. In December of 1996, the consultant recommended that an expansion of the County radio system that would include the city channels was the most effective choice. This system would provide 23 channels and 4 tower sites. An intergovernmental fifteen year agreement has been negotiated by Roanoke City and Roanoke County which includes system construction and financings of 23 channels and 4 sites at a cost of $6,886,848. Roanoke County's portion of this expense is $881,949. $125,000 and funds for the infrastructure work would be funded from the Capital Improvement Program with the remaining funds financed for seven years. December 16, 1997 755 improved back-up capabilities for such system; and WHEREAS, Section 15.2-1300 0# the Code of Virginia, 1950, as amended, authorized the County and City to act by ordinance to jointly exercise any of their powers including the operation of a public radio communications system and to enter into agreements for such joint undertakings; and WHEREAS, the Board of Supervisors of the County of Roanoke, Virginia ("County") has determined that it is necessary or desirable to: (A) enter into an intergovernmental agreement with the City of Roanoke, Virginia, for the purposes of the creation and operation of a joint regional 800 MHZ radio system; and (B) authorize the execution of a Communications System Agreement with Motorola, Inc. for an expanded 800 MHZ radio system; and ©advance money to pay the costs of acquiring certain equipment and improvements for the County consisting of an expanded 800 MHZ trunked radio communications system and related associated system assets and equipment ("Equipment"); and (D) to reimburse such advances with proceeds of one or more financings; and WHEREAS, in order to expedite improvements to the County's existing radio system in the interest of public safety and operational efficiency and to take advantage of favorable contractual incentives offered by Motorola, Inc., an emergency is determined to exist. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF ROANOKE, VIRGINIA, as follows: 1. The Board of Supervisors approves the Intergovernmental Agreement between the City of Roanoke ("City") and the County for creation of a joint regional 800 MHZ trunked radio communications system and authorizes its execution. This Agreement shall authorize the City and County to locate equipment at sites owned or controlled by the other party. 2. The Board of Supervisors authorizes the execution of a communications system agreement with Motorola, Inc. for installation of and equipment for the joint expanded 800 MHZ radio system. 3. The Board of Supervisors determines that the financing of the acquisition of the Equipment pursuant to one or more agreements providing for the leasing of the Equipment by the County from one or more lessors (collectively, the "Lease") is in the best interest of the County and the lease financing of the Equipment is authorized. The maximum aggregate amount of the principal components of the Lease shall be $881,949 plus an amount sufficient to pay the costs incurred by the County in connection with the financing or financings and to fund any required reserves. The Director of Finance and the County Administrator are authorized to select a lessor or lessors and to execute and deliver on behalf of the County an appropriate Lease or Leases and such other documents, agreements and certificates as may be necessary to complete the lease financing. 4. The Board of Supervisors reasonably expects to reimburse advances made or to be made by the County to pay the costs of acquiring the Equipment from the December 16, 1997 757 r11YH1YVIlVV r'VR t f7G VFiR~7V1V RVF1V ~7/11~11 1 MR ~ ~7GII~GI1 rf~VaIGV 1 ~ AND AUTHORIZING ACQUISITION OF NECESSARY UTILITY EASEMENTS THEREFOR WHEREAS, location plans for the Carson Road Sanitary Sewer Project have been completed and the project will require authorization for construction and financing and for the acquisition of water and sewer line easements across certain properties; and WHEREAS, Section 18.04 of the Roanoke County Charter directs that the acquisition of real estate be accomplished by ordinance; the first reading of this ordinance was held on December 2, 1997; and the second reading was held on December 16, 1997. NOW, THEREFORE, be it ordained by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the construction of the Carson Road Sanitary Sewer Project be, and hereby is, approved. 2. That funds are hereby appropriated in the amount of $250,000 as follows: General Fund Unappropriated Balance $150,000 Plantation Grove Subd. (Savings from not installing sewer pump station) $ 66,180 50% sewer off-site facility fee credit (from 45 lots -Plantation Grove Subd) 33 820 Total $250,000 3. That the acquisition and acceptance of the necessary water and sewer line easements for the Carson Road Sanitary Sewer Project is hereby authorized across the following properties, referenced by tax map number, from'the following property owners, their successors or assigns: TAX MAP NO. PROPERTY OWNER .50.01-1-5.4 Roanoke County Board of Supervisors 50.01-1-5 F&W Properties I I, Inc. 50.01-1-5.1 F&W Properties I I, Inc. 40.18-1-38 Russel J. Foutz & Julia K. Hudgins 40.17-2-10 Harvest Ministries Church of God 40.17-2-9 James K. Rader & Martha S. Rader 40.17-2-7 John A. Parks & Lena Ruth Parks 40.17-2-7.1 Kaethe W. Tidman & Christopher L. Tidman 40.17-2-6 Paul R. Parks 40.13-1-14 DVW Incorporated 2. That the consideration for each easement acquisition shall not exceed a value equal to 40% of the current tax assessment for the property to be acquired plus the cost of actual damages, if any, or the amount determined by an independent appraisal; and 3. That the consideration for each easement shall be paid from the December 16, 1997 759 ~__ __ ~_ _ ______ _~__ _ ~ ._:~ ._ _~ ~ __. ~__ _~W_ ~ __~_ v_ _ _~ a special utility (water) service area will alleviate a critical public health and safety problem; and WHEREAS, several of the residents have requested that the County allow them to pay their portion of the costs of connection to the public water system over ten years in accordance with the provisions of Ordinance 112288-7; and WHEREAS, the first reading of the Ordinance was held on December 2, 1997, and the second reading was held December 16, 1997. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That pursuant to the authority of Ordinance 112288-7, the Board authorizes and approves a local public works improvement project, namely, public water extension fora portion of Richland Hills Drive. The total construction cost of this public water project is estimated to be $88,550.00, to be initially financed as follows: . Public Works Participation Fund $31,550 Citizen Participation (10 X $3,155) $31,550 North Transmission Line Project $25,450 Total $88,550 That There is hereby reappropriated and transferred from the North Transmission Line Project for this project the sum of $25,450. That there is hereby appropriated for this project the sum of $31,550 from the Public Works Participation Fund (which was established by the Board of Supervisors on July 23, 1996). Any citizen participation under paragraph 3. will be advanced as.a loan from the Water Fund. 2. That the "Project Service Area" is shown and designated on the attached plat entitled "Proposed Richland Hills Drive Water Project Area" prepared by the Roanoke County Utility Department and dated November 18, 1997. The Richland Hills Drive Water Project Area is created for a period of ten years. Any owner of real estate within this service area may participate in and benefit from the public water extension to this service area (a) by paying the sum of $4,500 until March 16, 1998; (b) thereafter, the cost to participate in the benefits of this service area shall be the prorata share of the construction costs ($3,155) plus the full off-site facility fee in effect at the time of application for utility service, said costs to be paid in full and in advance of connection to the public water extension. 3. That the Board authorizes and approves the payment by the property owners in the project service area who elect to participate on or before March 16, 1998, of their portion of the cost of extending the public water system to their properties in accordance with the following terms and conditions: December 16, 1997 761 Ms. Scheid advised that since the first reading, the ordinance has been changed to remove Parks and Recreation as the authority to regulate the ordinance and replaced it with a committee appointed by the County Administrator. Water and sewer easements have also been excluded from the ordinance. It is not anticipated that there would be any direct costs associated with adoption of the ordinance. In response to questions from Supervisor Eddy, Mr. Hodge advised that the committee will include staff from Parks and Recreation, Planning and Zoning, Virginia Tech Extension and others. The committee will set up the guidelines and establish any restrictions. Mr. Mahoney explained that violations of this ordinance will be a Class IV misdemeanor with a fine of not more than $250. Supervisor Eddy moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Harrison, Minnix, Nickens, Johnson NAYS: None ORDINANCE 121697-9 AMENDING THE ROANOKE COUNTY CODE BY THE ADDITION OF A NEW SECTION, SECTION 15.5-1. PUBLIC TREE ORDINANCE WHICH PROVIDES FOR THE REGULATION OF PLANTING AND REMOVAL OF TREES ON PUBLIC PROPERTY WHEREAS, Valley Beautiful, the Urban Forest Council, and the Virginia Department of Forestry have requested that the County adopt a public tree ordinance to protect trees on public property; and December 16, 1997 763 . .. ranches:;»~t'at ~ `t~ : '~i~al~s>~~f~~r:~=<~=:.:r~~> :..::...:....:;...::::..: with many b .::::::::::.........,::::::.f~::::!'p::::::::::::::,:.::::::::::::.:,:::.~:::::::::::.:.:..........~...::.......:...:.:............... ;i~~'srid-s-peter~+at diameter-at-breast-height of #wa t inches or more. © APPLICABILITY This ordinance provides full power and authority over all trees located on public property. (d) AUTHORIZATION REQUIRED ::> I >:::~~ »fJa ~~ ant remove o sl9al~ ~~ ers n () :.:....:..:...:.........:::....:..:...::.....:...:.....:..:......:...:.y.. P destroy, harm or otherwise disturb any tree on public property without first receiving written approval from the tree committee. (2) In the case of emergencies, such as windstorms, ice storms, or other disasters, written approval may be waived by the tree committee during the emergency period so as not to hamper work to restore order to the County. (e) ABUSE OR MUTILATION OF PUBLIC TREES OR SHRUBS s ecificall authorized b the tree committee ~~~j€~l~` Unless P Y Y , ::::::::::.~ :::::::::::::::::::::::.......................... i>~sc#~fle-person-st°ra+l intentionally•damage, cut, carve, transplant, or remove any tree on public property; attach any nails, advertising posters, or other contrivance to any tree on public property; allow any gas, liquid or solid substance which is harmful to such trees to come in contact with them; or set fire or permit any fire to burn when such fire or the heat thereof will injure any portion of any tree on public property. (f) PROTECTION OF TREES Trees that are to remain after construction of public buildings, facilities, driveways, roads, utilities or other below or above ground public structures must be protected from construction activities and heavy equipment to ensure their survival. (1) The tree committee shall establish r~~a+atiens ~r~~± s~+p-ta trees that are to remain on public property and that ':i::i: :!;:f':: iii:::' :::<:::i:?::::i:ii:i:C:i::::::'~i:1 i::::i: (::~: are ~~r~t>a~~n:c[a~~:„;p~~i~~y eats~ide-e€ to the immediate construction activity area. (2) No person, including public utility companies and County departments, shall excavate any ditches, tunnels, trenches or .lay any driveway or street within a radius of ten (10) feet from any tree on public property without first obtaining written approval from the tree committee. This provision does not apply to the maintenance and repair of existing public utility and County water and sewer utility facilities. (3) All trees on public property shall be pruned or trimmed only in accordance with the standards established by the National Arborist Association, entitled "Pruning Standards for Shade Trees", as revised in 1988. This includes all public utility companies and County departments or their subcontractors involved in maintenance on County property or easements. December 16, 1997 765 Supervisor Eddy advi that he sent a appointments that he held as a supervisor. Supervisor Harrison agreed to serve on the Fifth Planning District Commission Rural Transportation Committee IN RE: CONSENT AGENDA R-121697-10 R-121697-10.c; R-121697-10.d, R-121697-10.e Supervisor Minnix move to adopt the Consent Resolution after discussion of Items 2, 3, and 5. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Harrison, Minnix, Nickens, Johnson NAYS: None Supervisor Eddy asked Director of Finance Diane Hyatt to check the math in the report in Item Z. Supervisor Eddy suggested adding Merriman Road to the heading in the resolution for Item 5. RESOLUTION 121697-10 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM J -CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. that the certain section of the agenda of the Board of Supervisors for December 16, 1997 designated as Item J -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: December 16, 1997 767 WHEREAS, the Hanging Rock Battlefield and Railway Preservation Foundation has obtained approval of a 1997 ISTEA grant in the amount of $200,000 from VDOT for the Hanging Rock Battlefield Trail (Phase II); and, WHEREAS, VDOT requires that a local governing body administer the grant; and WHEREAS, Resolution 92695-7 authorized the County Administer to execute an agreement with VDOT to administer the Phase I ISTEA grant; and NOW, THEREFORE, BE IT RESOLVED by the Roanoke County Board of Supervisors of Roanoke County, Virginia, that: 1) The County Administrator is hereby authorized to execute an amended agreement on behalf of the County of Roanoke with the Commonwealth of Virginia, Department of Transportation, on a form approved by the County Attorney, to administer an Intermodal Surface Transportation Efficiency Act (ISTEA) grant in the amount of $200,000 for the development of the Hanging Rock Battlefield and Railway Preservation Project. 2) That this project administration includes the assignment of a project coordinator, project record keeping, fiscal management and overview of preliminary engineering, right-of-way/property acquisition and construction in order to complete this project within two years. 3) The agreement provides that the County will expend these ISTEA grant funds in compliance with all federal and VDOT requirements or the County may be liable for all non-reimbursed expenditures or for all expenditures in excess of the approved grant. 4) That the Director of Economic Development is hereby appointed as project coordinator for the administration of this grant project and these agreements. 5) That the Clerk to the Board of Supervisors is directed to forward an attested copy of this Resolution to the Clerk of the City of Salem and to the Hanging Rock Battlefield and Railway Preservation Foundation. On motion of Supervisor Minnix to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None RESOLUTION 121697-10.d REQUESTING ACCEPTANCE OF BONSALL LANE AND A PORTION OF VALLEY STREAM DRIVE INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY SYSTEM WHEREAS, the streets described on the attached Additions Form SR-5(a), fully incorporated herein by reference, are shown on plats recorded in the Clerk's Office of the Circuit Court of Roanoke County, and December 16, 1997 769 project sketch, as part of the secondary system of state highways, pursuant to §33.1-155, Code of Virginia: BE IT FURTHER RESOLVED, that the Board of supervisors of Roanoke County reserves and retains all of Sections 9 and 10 (except that portion reserved as a Sanitary Sewer Easement) as Public Utility Easement and further reserves a Sanitary Sewer Easement described as follows: Beginning on the westerly right-of-way of Virginia Route 613 (Merriman Road) at the northeast comer of property owned by the Lions Club of Cave Spring District, Inc.; thence with a curve having a chord bearing of S 89°27'31 "W, a radius of 1457.39', and an arc of 164.91'; thence S 89°42'26"W, 22.26' to the northeast corner of property owned by Edward L. Lester; thence with the Lester line S 89°42'26"W, 80.18' passing a set pin at 20.00' in the centerline of the existing sanitary sewer easement, thence leaving the Lester line, and on the same bearing as the existing sewer easement, N 80°43'42"W to a point in the right-of-way of U.S. Route 221 (Brambleton Avenue); thence still in the right-of-way of Route 221 in a northeasterly direction for a distance of 20.00'; thence S 80°43'42" East to a point in the right-of-way of State Route 687 (Colonial Avenue), said point being approximately 10.00' northwest of the northeasterly corner of the property of Lester; thence continuing in the right-of-way of Route 687 N 88°41'50"E, 191.39' to a point on the westerly right-of-way of Route 613 (Merriman Road); thence along said right-of-way S4°49'00"W, 1.52' to the place of beginning. AND, BE IT FURTHER RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, orders that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. Recorded Vote Moved By: Supervisor Minnix Seconded By: None Required Yeas: Supervisors Eddy. Harrison, Minnix, Nickens, Johnson Nays: None Absent: None IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS December 16, 1997 771 championship. (3) He congratulated Pete Haislip and his staff for planting-trees at Green Hill Park in very cold weather. (4) He announced that Medeco had a scare with potential groundwater contamination and congratulated them for acting so quickly. (5) He thanked Supervisor Eddy for his work on the Board of Supervisors and advised it was an honor serving with him. IN RE: REPORTS Supervisor Nickens moved to receive and file the following reports. The motion carried by a unanimous voice vote. 1. General Fund Unappropriated Balance 2. Capital Fund Unappropriated Balance 3. Board Contingency Fund 4. Accounts Paid -November 1997 5. Statement of Revenues and Expenditures for period ended November 30, 1997 6. Acknowled4ment from VDOT of chances to the Secondary stem in November 1997 IN RE: EXECUTIVE SESSION At 4:50 p.m., Supervisor Johnson moved to go into Executive Session following the work session pursuant to the Code of Virginia Section 2.1-344 A.(7) briefing December 16, 1997 x773 the schedule and bring back to the Board a recommended deadline for the completion of the Comprehensive Plan. IN RE: EVENING SESSION Members of Troop 236, Windsor Hills United Methodist Church were present at the meeting and introduced. IN RE: CERTIFICATION OF EXECUTIVE SESSION R-121697-11 Supervisor Johnson announced that the Executive Session was held from 5:25 p.m. until 7:00 p.m. and moved to adopt the Certification Resolution. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Harrison, Minnix, Nickens, Johnson NAYS: None RESOLUTION 121697-11 CERTIFYING EXECUTIVE MEETING WAS HELD IN CONFORMITY WITH THE CODE OF VIRGINIA WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened an executive meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of The Virginia Freedom of Information Act; and WHEREAS, Section 2.1-344.1 of the Code of Virginia requires a certification by the Board of Supervisors of Roanoke County, Virginia, that such executive meeting was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, hereby certifies that, to the best of each members knowledge: December 16, 1997 775 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; and WHEREAS, Cecil Boone has served as a volunteer at the Clearbrook Fire Department and is eligible for membership in the Quarter Century Club. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, on its own behalf and on behalf of the citizens of the County, does hereby express its deepest appreciation to CECIL BOONE for over twenty-five years of service as a volunteer with the Roanoke County Fire and Rescue Department, and FURTHER, BE IT RESOLVED, that he is hereby certified as a member of the Quarter Century Club for Volunteers in Roanoke County. On motion of Supervisor Minnix to adopt the Resolution, and carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None IN RE: PUBLIC HEARINGS 1. Public Hearing and adoption of the Secondary Road System Six- Year Construction Plan for fiscal year 1998-2004 and the allocation of funds for fiscal year 1998-1999. (Arnold Covey} Engineering 8~ Inspections Director) R-121697-13 Mr. Covey reported that the Secondary Road System Six-year Construction Plan was presented to the Board of Supervisors at a work session on November 18, 1997. Staff explained the evaluation process, reviewed the estimated funding for the next five years and how this year's allocation of $3.3 million would be distributed among three funding categories. He advised that these funds are for routes numbered 600 or higher December 16, 1997 777 ~, Consideration of Projects for the 1998-99 VDOT Revenue Sharing Program (Arnold Covey Engineering 8~ Inspections Director) A-121697-14 Mr. Covey advised that the Virginia Department of Transportation provides localities the opportunity to receive state matching funds for the construction, maintenance and improvement to primary and secondary roads in the state's highway system. Localities are limited to $500,000 each, but if more or fewer than 20 counties participate, the share of money will be reduced or increased proportionately. The proposed priority project list for fiscal year 1998/99 revenue sharing was presented at a work session on November 18, 1997 with 91 projects. No changes were made. Staff recommends that the Board approve the project list and authorize the Chairman to sign the letter of intent and defer the appropriation of $500,000 until July 1, 1998. Supervisor Minnix moved to approve the revenue sharing program. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Harrison, Minnix, Nickens, Johnson NAYS: None IN RE: PUBLIC HEARING AND SECOND READING OF ORDINANCES December 16, 1997 779 Supervisor Eddy agreed with the changes from the first reading and moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Harrison, Minnix, Nickens, Johnson NAYS: None ORDINANCE 121697-15 AMENDING AND REENACTING SECTION 22-82, "RATES AND FEES", AND SECTION 22-86, "UNPAID BILLS", OF CHAPTER 22 "WATER", ARTICLE ll. "WATER SYSTEMS", DIVISION 2. "COUNTY WATER SYSTEM", OF THE ROANOKE COUNTY CODE TO PROVIDE FOR AN ESCALATING RECONNECTION FEE, TO ESTABLISH A COUNTY RECONNECTION FEE ACCOUNT TO OFF-SET UNCOLLECTIBLE UTILITY SERVICE ACCOUNTS, TO ELIMINATE ADDITIONAL SECURITY DEPOSITS AND PROVIDE FOR REFUND OF CURRENT DEPOSITS OTHER THAN THE INITIAL SECURITY DEPOSIT, AND TO PROVIDE FOR THE LATE PAYMENT PENALTY TO BE ADDED TO ANY PAST DUE BALANCE IMMEDIATELY FOLLOWING THE DUE DATE IN ACCORDANCE WITH THE UTILITY BILLING SYSTEM. WHEREAS, the Board of Supervisors of Roanoke County, Virginia, has determined that, in order to better serve utility customers in the County, certain changes in the utility billing fees, charges, deposits, and procedures for water and sewer service in the County of Roanoke are necessary and in the best interests of the public health, safety, and welfare; and, WHEREAS, the Board of Supervisors of Roanoke County, Virginia, has specifically determined that it is appropriate to charge an escalating reconnection fee to seriously delinquent utility service customers in the event of disconnection or discontinuance of service due to non-payment and to establish a County account for such reconnection fees to be held for off-set of uncollectible utility service accounts at the end of each fiscal year; other than the initial security deposit, to repeal the provisions for additional security deposits and to provide for refund of the existing additional deposits to customers after one full year of good payment history; and to provide for the late payment penalty to be added to any past due balance immediately following the due date in accordance with the utility billing system; and, WHEREAS, the provisions of this ordinance are adopted pursuant to the authority found in Chapter 21, Title 15.2 of the Code of Virginia (1950, as amended). WHEREAS, legal notice of these amendments has been published in a newspaper of general circulation within Roanoke County on December 2, 1997, and December 9, 1997; and, December 16, 1997 781 f. Reset meter if pulled due to non-payment ........ $25.00 g. Special request to discontinue or turn on service for other than non-payment ........................... $10.00 © Security deposits. (1) Initial security deposits shall be imposed, when request for service is made, upon all utility service customers as follows: a. Residential. 1. Water .................................. $25.00 2. Water and sewer ......................... $25.00 3. Sewer only .............................. $50.00 b. Commercial. 1. Water .................................. $100.00 2. Water and sewer ......................... $100.00 3. Sewer only .............................. $ 50.00 2 ( ) • } ~ . ' 1 {~j(3) r• -- •-•-• •-i r• •-• -- • ---. ...---. _.. _. __. ..-- -. .. .--------~ - - - - ael~ess. In the event that a customer discontinues service in one location within the county and initiates service at a new location within the county, the security deposit shall be transferred to and maintained in the utility December 16, 1997 785 0-121697-16 Mr. Harrington explained that this is a Special Use Permit to locate an existing home occupation in an accessory building located at the petitioner's residence in an R-1 zoning district. The petitioner has a business license for a home occupation to operate a small engine repair business. The garage is 10 feet from the rear property line, which would bring the business closer only to the property at 6910 LaMarre Drive. On June 30, 1997, a complaint was made regarding this business, stating that it had heavy walk-in traffic, was visible from the road and received work from Hollins Hardware. Investigation showed some lawn mowers were slightly visible from the street. Mr. Harrington advised that the Planning Commission recommended approval with two conditions: (1) Hours of operation are limited to 8:30 a.m. to 5 p.m., Monday through Saturday; and (2) the permit shall be for cone-year period. Staff shall administratively review on a yearly basis to determine compliance with the zoning and Special Use Permit standards. If violations occur the applicant shall reapply for the Special Use Permit. Vincent Cottone, the petitioner, spoke and explained that this request was to allow him more room to do the work. The doors will be closed most of the time and his business will not increase. There would be no signs and no advertisement in the telephone book. He explained that he does repair work for Hollins Hardware and there would be no sales from the location. In response to questions, Mr. Cottone advised that he repairs three to five lawnmowers and three to five chains saws in a week. December 16, 1997 7Q-, Supervisor Johnson moved to deny the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Harrison, Minnix, Nickens, Johnson NAYS: None It was the consensus of the Board for the Planning Commission and staff to review home occupation licenses and notification processes. DENIAL OF ORDINANCE 121697-16 A SPECIAL USE PERMIT TO VINCE'S SMALL ENGINE REPAIR TO OPERATE A HOME OCCUPATION IN AN ACCESSORY STRUCTURE AT 6934 BROOKVIEW ROAD (TAX MAP NO. 27.16-4-24), HOLLINS MAGISTERIAL DISTRICT WHEREAS, Vince's Small Engine Repair has filed a petition to operate a home occupation in an accessory structure located at 6934 Brookview Road (Tax Map No. 27.16-4-24) in the Hollins Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this matter on December 2, 1997; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first reading on this matter on November 18, 1997; the second reading and public hearing on this matter was held on December 16, 1997. NOW, THEREFORE BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: On motion of Supervisor Johnson to denv the ordinance, and carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None 3. Ordinance to rezone 14.22 acres from AG-1 to R-1 to construct single family homes located in the 1500 block of Skyview Road. Catawba Magisterial District, upon the petition of Opie Tiller. (Terry Harrington, Planning and Zoning Director) December 16, 1997 789 MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF AG-1 TO THE ZONING CLASSIFICATION OF R-1 WITH CONDITIONS UPON THE APPLICATION OF OPIE TILLER WHEREAS, the first reading of this ordinance was held on November 18, 1997, and the second reading and public hearing were held December 16, 1997; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on December 2, 1997; and WHEREAS, legal notice and advertisement has been provided as required by law. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the zoning classification of a certain tract of real estate containing 14.22 acres, as described herein, and located in the 1500 block of Skyview Road (Tax Map Numbers 45.03-2-9; 45.03-2-10; 45.03-2-11; 45.03-2-12; 45.03-2-13; 45.03-2-13.1) in the Catawba Magisterial District, is hereby changed from the zoning classification of AG-1, Agriculture/Rural Low Density District, to the zoning classification of R-1, Low Density Residential District. 2. That this action is taken upon the application of Opie Tiller. 3. That the owner of the property has voluntarily proffered in writing the following conditions which the Board of Supervisors of Roanoke County, Virginia, hereby accepts: (1) The development will be limited to 34 lots, to be served by public water and sanitary sewer. (2) Disruption to existing slopes and vegetation will be minimized by following, to the extent possible, the practices outlined in Tree City USA, Bulletin No. 7, National Arbor Day Foundation, James R. Fazio, Editor. (3) No more than seven driveways will connect to Skyview Road. 4. That said real estate is more fully described as follows: Tract That certain tract or parcel of land containing 3.83 acres, more or less, being a part of Lots 11, 12, and 13, in the subdivision of C.I. Preston Farm; and Being the same property conveyed to Lurline W. Baber by J.P. Saul, Jr., Special Commissioner, February 10, 1948, of record in the Clerk's Office of the Circuit Court of Roanoke County, VA, in Deed Book 381 at page 470, and conveyed to John H. and Edith B. Windel by Lurline W. Baber by deed dated July 31, 1962, recorded in DB 695 at page 565 in said Clerk's Office. December 16, 1997 791 5. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. The. Zoning Administrator is directed to amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. On motion of Supervisor Johnson to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Minnix, Nickens, Johnson NAYS: Supervisor Eddy ABSTAIN: Supervisor Harrison 4. Ordinance to obtain a Special Use Permit to allow a private kennel. located at 4601 Goodman Road, Vinton Magisterial District, upon the petition of Golden Oaks Kennels. tTerrX Harrington. Planning and Zoning Director) Mr. Harrington reported that the petitioners are requesting the Special Use Permit to operate a private kennel. At the Planning Commission meeting, several residents expressed concerns about dogs running loose, a large portable advertising sign, noise, odor, and drainage at the rear of the property. The petitioner also advised that a license to allow eight dogs was sufficient. The Planning Commission recommended approval with four conditions: (1) The number of dogs will be limited to eight; (2) The Permit is restricted to Raymond and Patricia Harris only; (3) A kennel silencer will be installed; (4) No signage advertising animals for sale shall be permitted; and (5) staff shall make an administrative review of the special use permit for compliance after twelve months. • December 16, 1997 793 IN RE: EXECUTIVE SESSION RESOLUTION 121697-18 CERTIFYING EXECUTIVE MEETING WAS HELD IN CONFORMITY WITH THE CODE OF VIRGINIA WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened an executive meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of The Virginia Freedom of Information Act; and WHEREAS, Section 2.1-344.1 of the Code of Virginia requires a certification by the Board of Supervisors of Roanoke County, Virginia, that such executive meeting was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, hereby certifies that, to the best of each members knowledge: 1. Only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the executive meeting which this certification resolution applies, and At 8:45 p.m.,Supervisor Johnson moved to return to Executive session to continue the discussion of items previously listed. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Harrison, Minnix, Nickens, Johnson NAYS: None IN RE: CERTIFICATION OF EXECUTIVE SESSION R-121697-18 At 9:45 p.m., Supervisor Johnson moved to return to open session and adopt the Certification Resolution. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Harrison, Minnix, Nickens, Johnson NAYS: None January 5, 1998 Roanoke County Board of Supervisors Roanoke County Administration Center 5204 Bernard Drive S. W. Roanoke, Virginia 24018 January 5, 1998 The Roanoke County Board of Supervisors of Roanoke County, Virginia, met this day at the Roanoke County Administration Center, this being the organizational meeting and the 5th day of January, 1998. IN RE: CALL TO ORDER Chairman Johnson called the meeting to order at 9:01 a.m. The roll call was taken. MEMBERS PRESENT: Chairman Bob L. Johnson, Vice Chairman Harry C. Nickens Supervisors Fenton F. "Spike Harrison, Joseph P. McNamara, H. Odell "Fuzzy" Minnix, MEMBERS ABSENT: None STAFF PRESENT: Elmer C. Hodge, County Administrator; Paul M. Mahoney, County Attorney; Mary H. Allen, Clerk to the Board; John M. Chambliss, Assistant County Administrator, Don C. Myers, Assistant County Administrator, Anne Marie Green, Community Relations IN RE: OPENING CEREMONIES The invocation was given by Supervisor Harry C. Nickens. The Pledge of Allegiance was recited by all present. January 5, 1998 3 ~.__ _. _. meetings with Roanoke City Council deleted and corrections to the resolution for April and November meetings. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson. NAYS: None RESOLUTION 010598-1 ESTABLISHING A MEETING SCHEDULE FOR THE BOARD OF SUPERVISORS OF ROANOKE COUNTY FOR CALENDAR YEAR 1998 AND ADOPTING RULES OF PROCEDURE FOR SUCH MEETING BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That for calendar year 1998, the regular meetings of the Board of Supervisors of Roanoke County, Virginia, are set forth below with public hearings scheduled for 7:00 o'clock p.m. unless otherwise advertised. Tuesday, January 13, 1998, at 3:00 p. m. Tuesday, January 27, 1998, at 3:00 p.m. and 7:00 p.m. Tuesday, February 10, 1998, at 3:00 p.m. Tuesday, February 24, 1998, at 3:00 p.m. and 7:00 p. m. Tuesday, March 10, 1998, at 3:00 p. m. Tuesday, March 24, 1998, at 3:00 p. m. and 7:00 p. m. Tuesday, April 14, 1998, at 3:00 p.m. Tuesday, April 28, 1998, at 3:00 p.m. and 7:00 p.m. Tuesday, May 12, 1998, at 3:00 p. m. Tuesday, May 26, 1998, at 3:00 p. m. and 7:00 p.m. Tuesday, June 9, 1998, at 3:00 p. m. Tuesday, June 23, 1998, at 3:00 p.m. and 7:00 p.m. Tuesday, July 14, 1998, at 3:00 p.m. Tuesday, July 28, 1998, at 3:00 p.m. and 7:00 p.m. Tuesday, August 18, 1998, at 3:00 p. m. and 7:00 p. m. January 5, 1998 5 Supervisor Johnson asked that funding support for Destination Education and the College of Health Sciences be added to the resolution. There was Board consensus to wait to consider adoption of the resolution until after the meeting with the legislators. IN RE: OTHER BUSINESS Chairman Johnson announced that he had received a letter regarding Housing and Urban Development's (HUD) denial of federal funding for Total Action Against Poverty's Transitional Living Center and had sent a letter to HUD in support of the funding. IN RE: RECESS Chairman Johnson declared a recess at 9:15 a.m. IN RE: RECONVENEMENT: Chairman Johnson reconvened the meeting at 9:25 a.m. IN RE: MEETING WITH ROANOKE VALLEY LEGISLATORS TO DISCUSS 1998 LEGISLATIVE PROGRAM. Legislators who were present for this meeting were Delegates A. Victor Thomas, C. Richard Cranwell, Clifton Woodrum, and State Senator Bo Trumbo. County Attorney Paul Mahoney presented the list of legislative requests and January 5, 1998 7 interest in locating in Roanoke County; 2.1-344 A (7) consultation with legal counsel concerning probable litigation: Gallagher condemnation; 2-1-344 A (3) disposition of publicly held real estate: Lloyd property; 2.1-344 A (7) consultation with legal counsel, gainsharing agreement with Town of Vinton; and 2.1-344 A (7) probable litigation, BPOL tax. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None IN RE: CERTIFICATION RESOLUTION R-010598-2 Supervisor Johnson moved to return to open session at 11:00 a.m. and adopt the Certification Resolution. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None RESOLUTION 010598-2 CERTIFYING EXECUTIVE MEETING WAS HELD IN CONFORMITY WITH THE CODE OF VIRGINIA WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened an executive meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of The .Virginia Freedom of Information Act; and WHEREAS, Section 2.1-344.1 of the Code of Virginia requires a certification by the Board of Supervisors of Roanoke County, Virginia, that such executive meeting was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, hereby certifies that, to the best of each members knowledge: January 5, 1998 9 motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None IN RE: DISCUSSION There was a discussion on changes to the trash collection because of the recent holidays and inclement weather. Staff was asked to review the procedures for handling trash during holidays and snow schedules. IN RE: ADJOURNMENT At 11:30 a.m., Chairman Johnson adjourned the meeting to 9:00 a. m. Saturday, January 10, 1998 at the Smith Mountain 4-H Center for the purpose of a Board Retreat. Submitted by: Approved by: Mary H. Allen, CMC Clerk to the Board Bob L. Johnson Chairman January 10,11 1998 Roanoke County Board of Supervisors Roanoke County Administration Center 5204 Bernard Drive S. W. Roanoke, Virginia 24018 January 10, 1998 11 The Roanoke County Board of Supervisors of Roanoke County, Virginia, met this day at the Smith Mountain Lake 4-H Center, this being an adjourned meeting from January 5, 1998 for the purposes of a planning retreat. IN RE: CALL TO ORDER Chairman Johnson called the meeting to order at 9:25 a.m. The roll call was taken. MEMBERS PRESENT: Chairman Bob L. Johnson, Vice Chairman Harry C. Nickens Supervisors Fenton F. "Spike " Harrison, Joseph P. McNamara, H. Odell "Fuzzy" Minnix, MEMBERS ABSENT: None STAFF PRESENT: Elmer C. Hodge, County Administrator; Paul M. Mahoney, County Attorney; Mary, H. Allen, Clerk to the Board; John M. Chambliss, Assistant County Administrator, Don C. Myers, Assistant County Administrator; Diane Hyatt, Finance Director; Gary Robertson, Utility Director; William Rand, General Services Director; Brent Robertson, Budget Director; Pete Haislip, Parks and Recreation Director. IN RE: REQUESTS TO ADD OR CHANGE THE AGENDA Mr. Hodge requested that the Update on Roanoke Valley Resource Authority January 10,11 1998 13 population percentage within a zip code. Supervisor Minnix moved to adopt the resolution including the request from Chesterfield County and amendment by Supervisor Nickens. The motion carried by the following recorded vote: AYES: Supervisors Minnix, Harrison, Nickens, Johnson. NAYS: Supervisor McNamara RESOLUTION 011098-1 ADOPTING A LEGISLATIVE PROGRAM FOR THE 1998 SESSION OF THE VIRGINIA GENERAL ASSEMBLY, AND PETITIONING THE GENERAL ASSEMBLY TO FAVORABLY CONSIDER THE TOPICS AND ISSUES ADDRESSED HEREIN WHEREAS, the Board of Supervisors of Roanoke County, Virginia, has identified major legislative issues of state-wide concern to be considered by the 1998 session of the Virginia General Assembly; and WHEREAS, the Board adopts this resolution as its Legislative Program for the 1998 session of the Virginia General Assembly. NOW, THEREFORE, Be It Resolved by the Board of Supervisors of Roanoke County, Virginia, that the following legislative initiatives are submitted for its legislative program for the 1998 session of the Virginia General Assembly for its favorable consideration and adoption. A. Education. Realizing that public education is the foundation of American democracy and the cornerstone of our future economic well being, the County urges the General Assembly to consider favorably the following actions. 1) The General Assembly should enhance funding for public education, including increasing the funds available to the Literary Fund for local school capital construction or renovation projects. The General Assembly should increase funding for capital construction and renovation projects based upon the locality's local effort in support of these capital projects. 2) Local school divisions should be authorized to establish opening dates for school. 3) Disparity funding should be based not only upon the number of students eligible for free or reduced fee lunches, but also upon the locality's local tax effort in support of education. Disparity funding should be based upon the composite index (which measures a locality's relative fiscal ability to provide its share of the cost of a local school system that meets the standards of quality) and the locality's local effort in support of that school system. January 10,11 1998 15 .. .___.._._v _~ ~__~__~ _ _ _ ~__.~_ ~_....w D. Environment. 1) Roanoke County supports amending Chapter 6.1, "Virginia Tire Tax" of Title 58.1, "Taxation" (a) to increase the tire tax from $.50 to $1.25, and (b) to direct and authorize the Department of Waste Management to utilize the increased Waste Tire Trust Fund to remediate illegal or abandoned waste tire dumps. 2) Roanoke County supports legislation relieving local governments of the responsibility of meeting recycling rates on all wastes col{ected by private haulers and diverted from waste disposal facilities identified to receive such wastes as set out in the local solid waste management plan. This legislation should also require that private haulers diverting such wastes be held accountable and responsible to meeting the same recycling rates and requirements as the local governments, and require that private haulers be subject to the same recycling mandates as local governments. 3) Roanoke County supports allowing the disposal of land clearing vegetative debris (including tree stumps) in less expensive facilities in a manner not detrimental to the environment. This would require groundwater and methane gas monitoring, financial assurances from the owner/operator, and local governing body certification of compliance with all local ordinances. E. Local Taxation and Funding. 1) Roanoke County vigorously opposes any attempt to restrict or eliminate local sources of taxation, including personal property taxation and business and professional occupational licensing, unless local governments are guaranteed the opportunity to replace lost sources of local revenue with comparable, equivalent, independent sources of revenue to allow localities to fulfill their public service obligations. 2) Roanoke County supports continued and increased funding for the Comprehensive Services Act, the Virginia Community Juvenile Crime Control Act, the Family Preservation Act, local police departments (HB 599 funding), and the Regional Competitiveness Act. 3) Roanoke County supports increasing state aid for public libraries by $1.4 Million each for FY 99 and FY 2000; That the Commonwealth fully fund state aid by FY 2001; and that the Commonwealth shall adopt and fund a statewide technology plan for public libraries. The objective of such a plan will be to provide public libraries with the technological support for public, universal access to networked information. 4) Roanoke County supports an amendment to the BPOL tax (Chapter 37 of Title 58.1) to provide for a limitation of gross receipts for employee leasing companies. 5) Roanoke County supports authority to impose an additional one- half percent ('h%) local option sales tax. 6) Roanoke County supports legislation amending Section 14.1- 46.0:1 to increase the salary supplement for the Chairman of the Board of Supervisors January 10,11 1998 17 __ Mr. Robertson presented a preliminary budget calendar, estimated revenue and expenditure projections and the various implications from changes to the personal property tax as proposed by Governor Gilmore. There was Board consensus to set the tax rates as soon as possible. IN RE: RECESS Chairman Johnson declared a luncheon recess from 12:15 p.m. to 1:00 p. m. 5. Report on courthouse needs .John Chambliss) Mr. Chambliss presented four options to address the parking and office space needs. Option A would cost approximately $135,000; Option B would cost $305,000; Option C would cost $705,000; and Option D would cost $5,325,000. Following discussion on the merits of the options, Mr. Chambliss was requested to bring back a report on Option A with the addition of removing the two houses for additional parking. 6. Update on the Regional Juvenile Detention Home Mr. Chambliss advised that discussion is continuing on the development of a Regional Juvenile Detention Home with representatives from Franklin County, Roanoke County, Salem and Roanoke City. They are requesting approval from the General Assembly to form a Commission to finance and/or operate the expanded facility. Roanoke City will be expanding by 22 new beds and the other three localities January 10,11 1998 _ _ __~s _~e ~. ~ _ _. ~ w wba _. Roanoke River Interceptor have been awarded to Alex E. Parish Co 19 tractin4 for a bid of $18,632,063. He presented three alternatives for the Roanoke River Interceptor. The Roanoke County estimate with a Pump Station option is $26,074,900; the B&V estimate with pump station option is $29,885,700; and the B&V estimate with gravity only option is $30,367,064. IN RE: EVENING RECESS At 9:00 p.m. Chairman Johnson recessed the meeting for the evening IN RE: RECONVENEMENT ON SUNDAY, JANUARY 11, 1998 At 9:00 a.m. on January 11, 1998, Chairman Johnson reconvened the meeting. IN RE: DISCUSSION OF OTHER TOPICS 9. Government Access Channel Anne Marie Green) Ms. Green reported to the Board on opportunities to increase programming at RVTV including the use of programs from other sources such as the Government Services television Network and WBRA, hiring additional staff, and encouraging County staff to produce their own shows. There was a discussion on ideas for future television shows including live programs from the schools, information on the Blue Ribbon Committee, Camp Roanoke renovations, Explore Park, Spring January 10,11 1998 1. PUBLIC EDUCATION -Operating: salaries and benefits - Capital: new construction and renovation 2. ECONOMIC DEVELOPMENT - Valley Gateway - Glen-Mary - McDonald Farm (with Vinton) - Catawba Farm - Infill development 3. HEALTH AND SAFETY - upgrade 800 MHZ -Emergency Medical Dispatch - ALS Support - Continue regional efforts 4. PARKS AND RECREATION - South County Park - Lighted soccer field in North County - Camp Roanoke - Recreation at Spring Hollow Reservoir 5. REGIONAL COOPERATION - Education Center- - Meeting with Bedford County to discuss joint agreements and projects - Juvenile Detention Center - Economic Development and other projects with Salem - Increase RVRA membership 6. MIS - Complete Year 2000 upgrades 21 IN RE: ADJOURNMENT .i~,..~. ....~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, FEBRUARY 10, 1998 RESOLUTION 021098-5.a SUPPORTING LOUDOUN COUNTY'S PROPOSAL THAT THE COMMONWEALTH OF VIRGINIA PROVIDE ASSISTANCE FOR SCHOOL CONSTRUCTION AND RENOVATION PROJECTS. WHEREAS, Roanoke County has embarked upon a program of school construction and renovation projects totaling $120 million, and WHEREAS, by Resolution 011098-1, the Roanoke County Board of Supervisors adopted a legislative program requesting that the General Assembly increase the funds available to the Literary Fund for local school capital construction or renovation projects and increase funding based upon the locality's local effort in support of these capital projects, and WHEREAS, the Loudoun County Board of Supervisors has endorsed a proposal that vwuld provide fora 50% state reimbursement to localities for school construction and renovation, and WHEREAS, the proposal provides for the Commonwealth to reimburse localities for one-half of the capital costs of a school construction, enlargement, or renovation project based on State standards, and WHEREAS, site acquisition, site development, furnishing, fixtures, and facilities exceeding the state standards would not be included in the reimbursement formula. NOW, THEREFORE BE IT RESOLVED that the Board of Supervisors of Roanoke County, Virginia supports the Loudoun County Board of Supervisors in its efforts to establish a program that would provide for a percentage State reimbursement to localities 1 for school construction and renovation projects. FURTHER, the Board of Supervisors of Roanoke County directs that copies of this resolution be forwarded to the members of the General Assembly representing the Roanoke Valley and to the Loudoun County Board of Supervisors. On motion of Supervisor Minnix to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None A COPY TESTE: ~• Mary H. Allen, CMC Clerk to the Board of Supervisors cc: File The Honorable Dale Polen Myers, Chairman, Loudon County Board of Supervisors The Honorable John S. Edwards The Honorable Malfourd W. "Bo" Trumbo The Honorable H. Morgan Griffith The Honorable C. Richard Cranwell The Honorable Clifton A. Woodrum The Honorable A. Victor Thomas Paul M. Mahoney, County Attorney Dr. Deanna Gordon, School Superintendent 2 ACTION NO. ITEM NUMBER ~oZ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: February 10, 1998 AGENDA ITEM: Resolution of Support for Loudoun County's proposed legislation providing state assistance for school construction and renovation projects COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The Loudoun County Board of Supervisors recently voted to endorse a legislative proposal that would provide fora 50% state reimbursement to localities for school construction and renovation. The Commonwealth would reimburse localities for one-half of the capital costs of a school construction, enlargement or renovation project based on standards established by the state. Site acquisition, site development and furnishing and fixtures would not be included in the reimbursement formula. Facility costs that would exceed the state standard would also not be included. Loudoun County has requested that the Board of Supervisors support this legislative proposal by adopting a resolution of support. They also request that the resolution be forwarded to our area legislators and to the Loudoun County Board of Supervisors. The Roanoke County Board's Legislative Program already includes a request that the General Assembly should: (1) increase funding to the Literary Fund for local school capital construction or renovations; and (2) increase funding for capital construction and renovation projects based upon the locality's local effort in support of these capital projects. The proposal from the Loudoun County Board of Supervisors offers another opportunity to pursue funding from the State for school capital projects. Attached is additional information from Loudon County on their initiative. ~~ STAFF RECOMMENDATION• Staff recommends that the attached resolution of support be adopted and copies forwarded to the Roanoke Valley Legislators and to the Loudoun County Board of Supervisors. Respec Ily Submi ted by: Elmer C. Hodge County Administrator ACTION VOTE No. Yes Abs Approved () Motion by: Harrison Denied () Johnson _ _ _ Received () McNamara- Referred () Minnix _ _ _ To () Nickens _ _ _ Loudoun County, Virginia Office of the County Administrator 1 Harrison Street, S.E., 5th Floor, P.O. Box 7000, Leesburg, VA 20177-7000 703/777-0200 • Metro: 703/478-8439 • Fax: 703/777-0325 At a meeting of the Board of Supervisors of Loudoun County, Virginia, held in the County Administration Building, Board of Supervisors' Meeting Room, 1 Harrison St., S.E., Leesburg, Virginia, on Wednesday, January 21, 1998 at 9:00 a.m. PRESENT: Dale Polen Myers, Chairman Joan G. Rokus, Vice Chairman Lawrence S. Beerman II James G. Burton Helen A. Marcum David G: McWatters Eleanore C. Towe Steven D. Whitener Scott K. York IN RE: FINANCE COMMITTEE REPORT/LEGISLATIVE PROPOSAL/STATE FUNDING FOR SCHOOL CONSTRUCTION Mr. Beerman moved that the Board of Supervisors approve the recommendation of the Finance Committee to support the legislative proposal (attached) to provide for State reimbursement of localities for school construction and renovation. Seconded by Mr. York. Voting on the Item: Supervisors Myers, Beerman, Burton, Marcum, McWatters, Rokus, Towe, York and Whitener -Yes; None - No. A COPY TESTE: DEPUTY C ERK FOR THE LOUDOUN COUNTY BOARD OF SUPERVISORS PLM:REJAN21 E.98 ® prin[ed nn recycled papa ,Z". ~ Legislative Proposal To Provide For State Reimbursement of Localities for School Construction and Renovation Currently the State provides some funding to localities for the operation of schools. However, at this time, localities are totally responsible for the cost of construction of new schools, or their renovation. This proposal would encourage legislation to be passed that would change the basic funding responsibilities between the State and localities for school construction. The basic elements of the proposal include: • Provide for the Commonwealth to reimburse any city or county for one-half of the capital costs of a school construction, enlargement or renovation project upon approved standards by the Commonwealth. (Reimburse direct facility costs.) • Site acquisition, site development, and furnishings and fixtures would not be part of the reimbursement formula. (Land acquisition, site development, interior fit out would be the responsibility of the locality.) • The Commonwealth would need to adopt facility standards for various size schools. • Renovations would be reimbursed where a facility is being brought up to the state standards. • The potential reimbursement for Loudoun if all school projects were debt financed could range between $7 - $14 million per year over the end of the six years of the CIP. • For debt financed projects, this program would have a positive impact on the County's net debt capacity. • No revenue source is suggested as being attributed to this initiative at this time. c: fc 116984 ~-~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, FEBRUARY 10, 1998 RESOLUTION SUPPORTING LOUDOUN COUNTY'S PROPOSAL THAT THE COMMONWEALTH OF VIRGINIA PROVIDE ASSISTANCE FOR SCHOOL CONSTRUCTION AND RENOVATION PROJECTS. WHEREAS, Roanoke County has embarked upon a program of school construction and renovation projects totaling $120 million, and WHEREAS, by Resolution 011098-1, the Roanoke County Board of Supervisors adopted a legislative program requesting that the General Assembly increase the funds available to the Literary Fund for local school capital construction or renovation projects and increase funding based upon the locality's local effort in support of these capital projects, and WHEREAS, the Loudoun County Board of Supervisors has endorsed a proposal that would provide fora 50% state reimbursement to localities for school construction and renovation, and WHEREAS, the proposal provides for the Commonwealth to reimburse localities for one-half of the capital costs of a school construction, enlargement, or renovation project based on State standards, and WHEREAS, site acquisition, site development, furnishing, fixtures, and facilities exceeding the state standards would not be included in the reimbursement formula. NOW, THEREFORE BE IT RESOLVED that the Board of Supervisors of Roanoke County, Virginia supports the Loudoun County Board of Supervisors in its efforts to establish a program that would provide for a percentage State reimbursement to localities for school construction and renovation projects. ~'" FURTHER, the Board of Supervisors of Roanoke County directs that copies of this resolution be forwarded to the members of the General Assembly representing the Roanoke Valley and to the Loudoun County Board of Supervisors. ACTION # A 021098-5, 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: February 10, 1998 SUBJECT: Acceptance of Sanitary Sewer Facilities Serving Lilies of the Gardens Off- Site Sewer COUNTY ADMINISTRATOR'S COMMENTS: O~'~y'" S SUMMARY OF INFORMATION: The Developers of Lilies of the Gardens Off-Site Sewer, Strauss Construction Corporation, have requested that Roanoke County accept the Deed conveying the sanitary sewer facilities serving the subdivision along with all necessary easements. The sewer facilities are installed, as shown on plans prepared by Lumsden Associates, P.C. entitled Lilies of the Gardens Off-Site Sewer, which are on file in the County Engineering Department. The sanitary sewer facility construction meets the specifications and the plans approved by the County. FISCAL IMPACT: The value of the sanitary sewer construction is $ 22,000. RECOMMENDATION: Staff recommends that the Board of Supervisors accept the sanitary sewer facilities serving the Lilies of the Gardens Off-Site Sewer along with all necessary easements, and authorize the County Administrator to execute a Deed for the transfer of these facilities. .;~' SUBMITTED BY: L. Gary Robert on, P.E. Utility Director ACTION Approved (x) Denied ( ) Received ( ) Referred ( ) To ( ) APPROVED: Elmer C. Hodge County Administrator Motion by: H. Odell Minnix to approve VOTE No Yes Abs Harrison _ x Johnson _ x McNamara _ x _ Minnix _ x Nickens x cc: File Gary Robertson, Director, Utility Arnold Covey, Director, Engineering & Inspections ~3 RETURN TO: ROANOKE COUNTY ATTORNEY'S OFFICE THIS CHATTEL DEED, made this j"? day of ,~A.r/uAR~I , 19 ~_, by and between: Strauss Construction corporation , a Virginia corporation, hereinafter referred to as the "Developer," party of the first part; and the BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, its successors or assigns, hereinafter referred to as the 'Board," party of the second part. :WITNESSETH: THAT FOR AND IN CONSIDERATION of the mutual benefits accruing to the parties, the receipt and sufficiency of which is hereby acknowledged, the Developer does hereby GRANT, CONVEY, ASSIGN AND TRANSFER, with the covenants of GENERAL WARRANTY OF TITLE, in fee simple unto the Board all water and/or sewer lines, valves, fittings, laterals, connections, storage facilities, sources of water supply, pumps, manholes and any and all other equipment and appurtenances thereunto belonging, in and to the water and/or sewer systems in the streets, avenues, public utility, easement areas, water and sewer easement areas that have been or may hereafter be installed by the Developer, along with the right to perpetually use and occupy the easements in which the same may be located, all of which is more particularly shown, described and designated as follows, to wit: Page 1 of 4 '; -3 As shown on the plan entitled Offsite Sanitary Sewer Plan for Lilies of the Gardens, made by Lumsden Associates. P.C. and on file in the Roanoke County Engineering Department. The Developer does hereby covenant and warrant that it will be responsible for the proper installation and construction of the said water and/or sewer systems including repair of surface areas affected by settlement of utility trenches for a period of one (1) year after date of acceptance by the Board and will perform any necessary repairs at its cost. Elmer G Hodge, County Administrator of Roanoke County, Virginia, hereby joins in the execution of this instrument to signify the acceptance of this conveyance pursuant to Resolution No. adopted by the Board of Supervisors of Roanoke County, Virginia, on the day of , 19 Page 2 of 4 ~•"" WITNESS THE FOLLOWING signatures and seals: Developer: Strauss Construction Corporation_ By: As: State of: _ Virginia County/City of: Roanoke , to wit: The foregoing instrument was acknowledged before me this: .S >N ,day of -~iQ.~tu AR ~/ 19 ~_, By: Steve Strauss Its President Duffy authorized officer Title on behalf of Strauss Construction Co~poradon Notary Public / My Commission expires: 7.~d c~ Page 3 of 4 C 3 Approved as to form; Board of Supervisors of Roanoke County, Virginia By: (SEAL) County Attorney Elmer C. Hodge County Administrator State o£ Virginia CountylCity of: Roanoke , to wit: The foregoing instrument was acknowledged before me this: day of 19 , by Elmer C. Hodge, County Administrator, on behalf of the Board of Supervisors of Roanoke County, Virginia. Notary Public My Commission expires: Page 4 of 4 \ .. ~ '~~~ ~- \E 1`~2Z 622 /~. ''c -~ `( ~ I ~ ~- ~ `r~ s J ~~ '~ J/ 5Q4~tOH'1 ~ \ {_UZj6 ~ ~ c 17 ~ j~ 1: \ ~ I!.A '7 N ~. ~~`cc J.'.. `` ' .Flip ?s _ oa~1 J~ Vii' °~ ~y ~ '. C -,r= ~ ~ ) ~~ ~ \''L 111 \~ \j' Q`~.~ i~ *,. \ .' ~ _ ~ !~lAc I9EVE OPM6nC y i~~, - ~ f , ~ I - \~ GMs 1{1 ~ l M K \~ _ I ~ -_ 1 A..~ 5 J J• _ ,~ / J I µ•. ~I ,. ._ ~ 1 ... _ -_ `J i 4, .,,. ,. ~ q - ial ~ ~ / • ~,~~ . \. ~~ .. = / .'~ , _"/ ~~~~ /! ~~y~~ri~.' ~ / ~\ \'x\11 .~ _~ ' ,. ~ , ., , ` ~ /iii-~ ~, ~~ // ~ 'i.~a_ f Fit. ~ _~~. / / '~/ /. //% ~~1;Z'~+-~./` ~~` " '~y .ems ~/ / L~~/ "~""4~ // ~ °T^^~`^'V OT / e p P Pia ~ \ j ~ ,.f.~i '. ~r° ~ : J• arNa''M/ a e+E.r ~~ I J ~ J^'"y 1. ~/ i~ S / /~ 1; .~y~4., ' / ~~' ~' _/r/•' _. .. .. . ~/ ,,, _... . ~- ~~- .,- J ROANOKE COUNTY 'ACCEPTANCE OF OFF-SITE SEWER FACILITIES SERVING UTILITY LILIES OF THE GARDENS. DEPARTMENT s ~ ~ ~ ~~~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, FEBRUARY 10, 1998 RESOLUTION 021098-5.c RESCINDING CERTAIN POLICIES PREVIOUSLY ADOPTED BY THE BOARD OF SUPERVISORS WITHIN THE DEPARTMENT OF ENGINEERING AND INSPECTIONS, AND TO PROVIDE FOR A POLICY MANUAL TO GUIDE THE ADMINISTRATION OF COUNTY GOVERNMENT WHEREAS, the Board of Supervisors of Roanoke County hereby establishes a Policy Manual to provide an organized, systematic approach to the handling of routine matters by this government organization, and a dependable source of reference for all County departments and the Board; and, WHEREAS, this Policy Manual is based upon actions taken and measures adopted by the various boards of supervisors of Roanoke County over the past 20 years; and, WHEREAS, in reviewing these actions of the boards of supervisors of Roanoke County over the past 20 years, certain actions should be repealed, rescinded, modified or amended; and, WHEREAS, this Resolution addresses those actions pertaining to the Department of Engineering and Inspections. NOW THEREFORE, BE IT RESOLVED, by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That there is hereby established a Policy Manual for Roanoke County government. 2. That Resolution 82-213 (adopted November 22, 1983), Resolution 85-7 (adopted January 8, 1985), and Action Item A-9-23-86-198 which established certain 1 building permit fees are hereby repealed. These fees are currently found in Section 7-71 of the County Code. 3. That Resolution 84-29a (adopted February 14, 1984) which established certain fees for erosion and sediment control programs is hereby repealed. These fees are currently found in Section 8-7 of the Roanoke County Code. 4. That Resolution 1727 (adopted March 8, 1977) which established a street improvement policy is hereby repealed. The elements of this policy are currently reflected in several other County and Commonwealth (VDOT) programs. 5. That this Resolution shall take effect immediately upon its adoption. On motion of Supervisor Minnix to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None A COPY TESTE: ~ll..c~r~-i Mary H. Allen, CMC Clerk to the Board of Supervisors cc: File Paul M. Mahoney, County Attorney Arnold Covey, Director, Engineering & Inspections Mary Hicks, Executive Secretary 2 ACTION NO. ITEM NO. -' AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGT1vIA, HE~,D AT THE ROANOKE COUNTY ADMIhTISTRATION CENTER MEETING DATE: February 10, 1998 AGENDA ITEM: Resolution repealing certain actions of the Board of Supervisors to provide for the creation of a Policy Manual COUNTY_ADMIhTISTRATOR'S COMMENTS: s ~ _ , EXECUTIVE SUMMARY: This Resolution repeals several previous actions of the Board of Supervisors applicable to the Engineering and Inspections Department, as part of an ongoing review of currently effective actions, resolutions and ordinances to create a Policy Manual for Roanoke County government. BACKGROUND: County staff has reviewed various action of the Board of Supervisors over the past twenty years to identify those actions which should be repealed or rescinded. The goal of this review is to establish a Policy Manual for County government. This manual will provide an organized, systematic approach to internal governance, and a dependable source of reference for all County departments and the Board of Supervisors. SUMMARY OF INFORMATION: Staff recommends that the repeal or amendment of these currently effective Board actions be accomplished over the next several months as workload demands allow. These actions have been grouped by department for ease and consistency of review. 'The first department selected for this proposed Resolution is the Engineering and Inspections Department. This Resolution repeals four previous actions of the Board of Supervisors relating to the establishment of fees for building inspections and erosion and sediment control. Although these fees are currently established in the County Code, it is recommended that these previous resolutions be repealed to avoid any confusion. This Resolution also repeals a resolution concerning street improvements adopted in 1977. Street improvement policy is currently covered under a variety of County and Commonwealth (VDOT) programs, for example, the VDOT Rural Addition Program and the County's Public Works Improvement Ordinance. Copies of these resolutions are available for review in the office of the Executive Secretary to the County Administrator. G:\ATTORNEY\PMM\POLMANEI.RPT .Z-Y Finally this Resolution creates a Policy Manual for Roanoke County. This manual consists of the currently effective actions of the boards of supervisors of this County over the past twenty years. FISCAL IMPACTS: No direct fiscal impact. STAFF RECOMMENDATION: It is recommended that the Board adopt the attached Resolution. Director of Engineering and Inspection 1 - 1, Paul M. Mahoney County Attorney No Yes Abs Approved ( ) Motion by Harrison _ Denied ( ) Johnson _ ._ Received ( ) McNamara _ Referred ( ) Minnix to Nickens G:\ATTORNEY\PMM\POLMANEI.RPT 2 zy AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, FEBRUARY 10, 1998 RESOLUTION RESCINDING CERTAIN POLICIES PREVIOUSLY ADOPTED BY THE BOARD OF SUPERVISORS WITHIN THE DEPARTMENT OF ENGINEERING AND INSPECTIONS, AND TO PROVIDE FOR A POLICY MANUAL TO GUIDE THE ADMINISTRATION OF COUNTY GOVERNMENT WHEREAS, the Board of Supervisors of Roanoke County hereby establishes a Policy Manual to provide an organized, systematic approach to the handling of routine matters by this government organization, and a dependable source of reference for all County departments and the Board; and, WHEREAS, this Policy Manual is based upon actions taken and measures adopted by the various boards of supervisors of Roanoke County over the past 20 years; and, WHEREAS, in reviewing these actions of the boards of supervisors of Roanoke County over the past 20 years, certain actions should be repealed, rescinded, modified or amended; and, WHEREAS, this Resolution addresses those actions pertaining to the Department of Engineering and Inspections. NOW THEREFORE, BE IT RESOLVED, by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That there is hereby established a Policy Manual for Roanoke County government. 2. That Resolution 82-213 (adopted November 22, 1983), Resolution 85-7 (adopted January 8, 1985), and Action Item A-9-23-86-198 which established certain building permit fees are hereby repealed. These fees are currently found in Section 7-71 of the County Code. 3. That Resolution 84-29a (adopted February 14, 1984) which established certain fees for erosion and sediment control programs is hereby repealed. These fees are currently found in Section 8-7 of the Roanoke County Code. G:\ATTORNEY\PMM\POLMANEI.RES 1 4. That Resolution 1727 (adopted March 8, 1977) which established a street improvement policy is hereby repealed. The elements of this policy are currently reflected in several other County and Commonwealth (VDOT) programs. 5. That this Resolution shall take effect immediately upon its adoption. G:\ATTORNEY\PMM\POLMANEI.RES ACTION NO. ITEM NUMBER ~.~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: February 10, 1998 AGENDA ITEM: Request for Budget Public Hearings (3) on February 24, 1998 for Citizen Comment: (1) Setting the Real Estate, Machinery and Tools, and Personal Property Tax Rates (2) "Effective" Tax Rate Increase Due to Reassessments (3) Upcoming FY1998-1999 Budget COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Staffwould like to hold three (3) public hearings at the February 24, 1998 Board of Supervisors meeting to hear citizen comment on the items listed below: (1) Tax Rates During the January planning retreat the consensus of the Board was to set the real estate, machinery and tools, and personal property tax rates for the 1998 calendar year as early in the budget process as possible. These rates will be advertised at $1.13 per $100 of assessed value for real estate, $3.00 per $100 of assessed value for machinery and tools, and $3.50 per $100 of assessed value for personal property. These rates represent no increase over current year's rates. To comply with legal requirements, advertisements of these rates will appear in the Roanoke Times on 2/10198 and 2/17/98. (Z) "Effective" Real Estate Tax Rate Increase State code mandates that when reassessment of real property in a locality results in a real estate revenue increase of 1% over the previous year, the locality must either reduce the tax rate, so that the revenues are no more than 101% of the previous year's or hold a public hearing indicating an "effective" real property tax increase. This advertisement would appear in the Roanoke Times on February 17, 1998. (3) General Comment FY1998-1999 Budget Consistent with past practices, the Board has expressed a desire to hold a public hearing to elicit "general" comment on the upcoming annual budget early in the development process. This hearing gives citizens the opportunity to express their priorities and concerns for the Board to consider during formulation of the upcoming budget. This advertisement would appear in the Roanoke Times on February 17, 1998. Respectfully s bmitted, ~~~~- Brent Robertson Budget Manager K-~ Approve by, Elmer C. Hodge County Administrator ACTION Approved () Motion by: Denied ( ) Received ( ) Referred ( ) To ( ) VOTE No Yes Abs Harrison _ _ - Johnson _ _ - McNamara _ Minnix _ _ - Nickens N-~ GENERAL FUND UNAPPROPRIATED BALANCE COUNTY OF ROANOKE, VIRGINIA Amount Audited Beginning Balance at July 1, 1997 9,614,873.00 Addition from 1997-98 Budget -Transfer of Garage Operations to the County 200,000.00 Aug 19, 1997 First installment payment on West County Business p~k (1,000,000.00) Sept 23, 1997 Revenue Sharing Payment to Botetourt County through June 30, 1997 (158,280.86) Oct 28, 1997 Eminent domain for communications facility (107,000.00) Dec 2, 1997 Underground storage tank removal (65,983.00) Dec 16, 1997 Carson Road sewer project (150,000.00) Jan 13, 1998 Downpayment on Catawba Farm (110,000.00) Balance at February 10, 1998 of General Fund Revenues 9.69% $8,223,609.14 8.28% Changes below this line are for information and planning purposes only. Balance from above West County Business Park -balance Reserve for R.R. Donnelly -Phase II $8,223,609.14 (2,000,000.00) (730,700.00) $5 492,909.14 5.53% Note: On December 18, 1990, the Board of ~uperv~sors aaoptea a goal statement iv maiu~a~u uic General Fund Unappropriated Balance at 6.25% of General Fund Revenues 1997-98 General Fund Revenues $99,264,769.00 6.25% of General Fund Revenues $6,204,048.06 Respectfully Submitted, ~~ ~. ~~ Diane D. Hyatt Director of Finance M:\Finance\Common\Board\Gen97. WK4 as CAPITAL FUND UNAPPROPRIATED BALANCE COUNTY OF ROANOKE, VIlZGINIA Amount Beginning Balance at July 1, 1997 $1,113,043.00 Revenues from sale of vehicles 1996-97 38,406.64 Audited Balance at July 1, 1997 1,151,449.64 Amount added from 1996-97 operations per rollover policy 744,687.00 'October 14, 1997 Transfer to Future School Capital Fund (1,113,043. Balance at February 10, 1998 $783,093.64 Note: $100,000 of these funds have been temporarily advanced to the Mayflower Hills Park project. Respectfully Submitted, ~~ ~. ~~ Diane D. Hyatt Director of Finance M:\Finance\Common\Board\Cap97. WK4 N-3 RESERVE FOR BOARD CONTINGENCY COUNTY OF ROANOKE, VIlZGINIA Amount October 14, 1997 From 1997-98 Original Budget $143,000.00 Design of South County Park (20,000.00 Balance at February 10, 1998 $123,000.00 Respectfully Submitted, Diane D. Hyatt Director of Finance M:\Finance\Common\Board\Board97. WK4 1" 4 ACTION NO. ITEM NUMBER / ~ ""' AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: February 10, 1998 AGENDA ITEM: Report on Regional Community Relations Conference to be held on May 28, 29, 1998 COUNTY ADMIlVI. TR_ATOR'S COM1Vi1~NTS: BACKGROUND: For several years, the City of Roanoke has had a Community Relations Task Force composed of civic and professional representatives. In mid October 1997, the Roanoke City Manager received a report from members of that task force recommending that the valley have a regional conference. The proposal for a regional conference was the result of a visit by task force members to a simular conference held in Florida. The City Manger contacted the local municipalities seeking support for a regional conference on community relations for Roanoke Valley. SUMMARY OF INFORMATION: A committee was formed to plan the conference. The committee includes representatives from the local valley governments, representative from several civic, religious, and community groups, and selected members of the City Manger's Task Force. The participants include the City of Salem, City of Roanoke, County of Roanoke, and Town of Vinton. The conference is being planned for May 28 and 29, 1998 at the Hotel Roanoke and Conference Center, The Theme: Strengthening the Community through Unity The Purpose: To create a forum for the exchange of ideas from various aspects of the community to enhance community relations. The search for speakers, workshop leaders, and participants is ongoing. Further reports will be provided as plans are finalized. FISCAL IlVIPACT: The committee's budget estimate is $36,000. The goal is to fund 85 % or more of the cost through delegate fees and corporate sponsorship. There may be a request to the participants for assistance with speaker, speaker fees, or with in kind donations. r y N-4 STAFF RECONIlVIENDATION• preparation for this conference. Respectfully sub~~mi~~tted, G(/~ Gardner W. Smith Special Assistant to the Administrator That the County continue to support the planning and Approved by, Elmer C. Hodge County Administrator ACTION VOTE Approved ()Motion by: No Yes Abs Denied O McNamara _ Received () Harrison Referred () Johnson _ _ _ To Minnix _ _ _ Nickens ACTION NO. ITEM NUMBER ~ '" AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: February 10, 1998 AGENDA ITEM: Work Session on FY 1998-1999 Budget Development. COUNTY ADMINISTRATOR'S COMMENTS: SUNIMt~RY OF INFORMATION: This time has been set aside for a budget work session to discuss items related to development of the FY 1998-99 budget. This work session will focus on the following items for discussion: Revenue Projection Updates for FY97-98 and FY98-99 Mid-year expenditure review of operations Prioritized Ranking of Capital Improvements Projects Additional information on these topics will be provided at the work session. Looseleaf notebooks will be distributed, organized by topic, to allow easy reference of work session "working papers" throughout the budget process. Respectfully submitted, Brent Robertson Budget Manager Approved by, lmer C. Hodge County Administrator ~_~ ACTION VOTE Approved () Motion by: No Yes Abs Denied () Harrison _ _ Received () Johnson Referred () McNamara _ To () Minnix _ _ Nickens _ _ - ACTION NO. ITEM NUMBER . AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: February 10, 1998 AGENDA ITEM: Tour of new projects located in East Roanoke County COUNTY ADMINISTRATOR'S COMMENTS• SUMMARY OF INFORMATION: Following the afternoon session, the Board of Supervisors and some members of staff will tour new projects located in the eastern part of Roanoke County. Scheduled for the tour are the Roanoke River Parkway, new facilities at Explore Park including the Brugh Tavern and the Taubman Center, and the McDonald Farm. Respectfully Submitted by: Elmer C. Hodge County Administrator ACTION VOTE No. Yes Abs Approved () Motion by: Harrison _ Denied () _ Johnson _ _ _ Received () McNamara_ _ Referred () _ Minnix _ To () _ _ Nickens AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON FEBRUARY 10, 1998 RESOLUTION 021098-6 CERTIFYING EXECUTIVE MEETING WAS HELD IN CONFORMITY WITH THE CODE OF VIRGINIA WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened an executive meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of The Virginia Freedom of Information Act; and WHEREAS, Section 2.1-344.1 of the Code of Virginia requires a certification by the Board of Supervisors of Roanoke County, Virginia, that such executive meeting was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, hereby certifies that, to the best of each members knowledge: 1. Only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the executive meeting which this certification resolution applies, and 2. Only such public business matters as were identified in the motion convening the executive meeting were heard, discussed or considered by the Board of Supervisors of Roanoke County, Virginia. On motion of Supervisor Johnson to adopt the Certification Resolution, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None A COPY TESTE: Mary H. Allen, CMC Clerk to the Board of Supervisors cc: File Executive Session -s'- I AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, FEBRUARY 10, 1998 RESOLUTION 021098-7 EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY UPON THE RETIREMENT OF DAVID L. MILLER, SHERIFF'S OFFICE WHEREAS, David L. Miller was first employed on July 15, 1972 as a Deputy Sheriff; and WHEREAS, David L. Miller has served as a deputy in the Traffic Division, Detective Division and Sheriff s Office, Court Services Division; and WHEREAS, David L. Miller, through his employment with Roanoke County, has been instrumental in improving the quality of life for its citizens; and WHEREAS, the Board of Supervisors is informed and aware of David L. Miller's activities and dedication to the worldwide Christian Motorcyclists Association, and that he plans to continue to serve this organization in his retirement years for the advancement of the cause of Christianity worldwide. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County expresses its deepest appreciation and the appreciation of the citizens of Roanoke County to DAVID L. MILLER for over twenty-five years of capable, loyal and dedicated service to Roanoke County. FURTHER, the Board of Supervisors does express its best wishes for a happy, restful, and productive retirement. On motion of Supervisor Nickens to adopt the resolution, and carried by the following recorded vote: 1 .L AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None A COPY TESTE: ~. Mary H. Allen, CMC Clerk to the Board of Supervisors cc: File Resolutions of Appreciation Gerald Holt, Sheriff 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, FEBRUARY 10, 1998 RESOLUTION EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY UPON THE RETIREMENT OF DAVID L. MILLER, SHERIFF'S OFFICE WHEREAS, David L. Miller was first employed on July 15, 1972 as a Deputy Sheriff; and WHEREAS, David L. Miller has served as a deputy in the Traffic Division, Detective Division and Sheriff s Office, Court Services Division; and WHEREAS, David L. Miller, through his employment with Roanoke County, has been instrumental in improving the quality of life for its citizens; and WHEREAS, the Board of Supervisors is informed and aware of David L. Miller's activities and dedication to the worldwide Christian Motorcyclists Association, and that he plans to continue to serve this organization in his retirement years for the advancement of the cause of Christianity worldwide. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County expresses its deepest appreciation and the appreciation of the citizens of Roanoke County to DAVID L. MILLER for over twenty-five years of capable, loyal and dedicated service to Roanoke County. FURTHER, the Board of Supervisors does express its best wishes for a happy, restful, and productive retirement. ,~ THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, IN REGULAR MEETING ON THE 10TH DAY OF FEBRUARY 1998, ADOPTED THE FOLLOWING: RESOLUTION 20 1098-8 TO ABANDON PUBLIC STREETS OF VIRGINIA SECONDARY ROUTES, A PORTION OF ROUTE 862 (VALLEY AVENUE), ROUTE 876 (MEADOW VIEW ROAD), ROUTE 877 (PINKARD AVENUE) AND ROUTE 878 (BOOKER ROAD), PINKARD COURT SUBDIVISION IN THE CAVE SPRING MAGISTERIAL DISTRICT WHEREAS, a public notice was posted as prescribed under §33.1-151, Code of Virginia, announcing a public hearing to receive comments concerning abandoning the sections of roads described below from the secondary system of state highways, and WHEREAS, the Commissioner of the Virginia Department of Transportation was provided the prescribed notice of this Board's intent to abandon the subject sections of roads, and WHEREAS, after considering all evidence available, this Board is satisfied that no public necessity exists for the continuance of the section of Secondary Route 862 from 0.03 miles west of Route 876 to 0.17 miles west of Route 876, a distance of 0.14 miles, Secondary Route 876 from Route 862 to 0.10 miles south of Route 862, a distance of 0.10 miles, Secondary Route 877 from Route 876 to 0.14 miles west of Route 876, a distance of 0.14 miles, and Secondary Route 878 from Route 862 to 0.10 miles south of Route 862, a distance of 0.10 mites, and hereby deem these sections of roads no longer necessary as a part of the Secondary System of State Highways. NOW, THEREFORE, BE IT RESOLVED, this Board abandons the above described sections of roads and removes it from the secondary system of state highways, pursuant to §33.1-151, Code of Virginia. BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer of the Virginia Department of Transportation. Recorded Vote Moved By: SuQervisor Minnix Seconded By: None Required Yeas: ~~apervisors McNamara Minnix Harrison, Nickens. Johnson Nays: None A Copy Teste: Mary H. Allen, CMC Clerk to the Board of Supervisors cc: File Arnold Covey, Director, Engineering & Inspections Virginia Department of Transportation l ?9J O '~°! ~~ ~. u~ 692 ~'~9 196.5 ) /©~ 7 ~ rt.. Rt 8 ~s G"crt"e , .._~ Ave. ~~ ~ ~~ .~~ .~`~t, Y~ ~ 41 99 40 21 • 4421 . 4p Zt = ' 40.21 80.a2 A A. Ifi a0 a0 7 OS 117. `~O 48 4 3O n ti4 4 „4/ a39 - ~ ~+`. , I ! /T ~g m 1~ / -~3 -32 -S/ a~ 49 ° a a a . 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ROANOKE COUNTY REQUEST TO ABANDON PUBLIC STREETS OF VIRGINIA ENGINEERING & SECONDARY ROUTES, A PORTION OF ROUTE 862 (VALLEY INSPECTIONS DEPARTMENT AVENUE 1 , ROUTE 87h (?MEADOW VIE~d ROADS , ROUTE 877 (PINKARD AVENUEI AND ROUTE 878 (BOOKER ROAD1, PINKARD COURT SUBDIVISION IN CAVE SPRING DISTRICT ROANOKE COUNTY, VIRGINIA. Pinkard Court State Maintained Roads to Be Abandoned Route Name From i'o Length 862 Valley Avenue 0.03 Mi W of Rte 876 0.17 Mi W of Rte 876 0.14 876 Meadowview Road Rte 862 0.10 Mi S of Rte 862 0.10 877 Pinkard Street Rte 876 0.14 Mi W of Rte 876 0.14 878 Booker Road Rte 862 0.10 Mi S of Rte 862 0.10 77.~,~e 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: February 10, 1998 AGENDA ITEM: Request to abandon public streets of Virginia Secondary Routes, a portion of Route 862 (Valley Avenue), Route 876 (Meadow View Road), Route 877 (Pinkard Avenue) and Route 878 (Booker Road), Pinkard Court Subdivision in the Cave Spring Magisterial District, Roanoke County, Virginia. COUNTY ADMINISTRATOR'S COMMENTS: EXECUTIVE SUMMARY: The petitioners, residents, and Interstate Development, L.L.C., optionee on the properties in the Pinkard Court Subdivision have requested that the Board of Supervisors of Roanoke County, Virginia, abandon the above described section of roads and remove them from the secondary system of state highways. County staff is recommending that the Board of Supervisors approve the attached Resolution. BACKGROUND: On November 18, 1997, staff submitted a report to the Roanoke County Board of Supervisors requesting authorization to give notice to the Commonwealth Transportation Board to proceed with the abandonment of the streets in the Pinkard Court Subdivision. After receiving authorization from the Board of Supervisors, the Director of Engineering and Inspections, on November 24, 1997, notified Mr. David R. Gehr, Commissioner of the Department of Transportation, of the County's intention to abandon the public streets in the Pinkard Court Subdivision. On December 2, 1997, Kenneth M. Smith, Transportation Engineering Program Supervisor for the Department of Transportation, responded on behalf of Commissioner David R. Gear. He commented that the department had no objection to the abandonments that are needed to facilitate re-subdivision of the land occupied by Pinkard Court Subdivision for redevelopment by the Lowe's Corporation. 1 Pursuant to Title 33.1-151 of the Code of Virginia of 1950 as amended, County staff has complied with the necessary procedures for abandonment. The posting of notice for 30 days at the courthouse and at three places along each road, publishing notice in two issues of a local newspaper, and notifying the Commissioner of the Department of Transportation. SUMMARY OF INFORMATION: Since the streets will no longer by used by the public, County staff is requesting that the Roanoke County Board of Supervisors approve the attached Resolution to abandon the following streets: Route Name From To Length 862 Valley Avenue 0.03 miles west of 0.17 miles west of 0.14 miles Route 876 (Meadow Route 876 View Road) (Meadow View Road) 876 Meadow View Route 862 (Valley 0.10 miles Road Avenue) 0.10 miles south of Route 862 (Valley Avenue) 877 Pinkard Avenue Route 876 (Meadow 0.14 miles west of 0.14 miles View Road) Route 876 Meadow View Road) 878 Booker Road Route 862 (Valley 0.10 miles south of 0.10 miles Avenue) Route 862 (Valley Avenue) Roanoke County staff has received no objections to this petition and requests that the public streets described above be abandoned in accordance with Title 33.1-151, Code of Virginia 1950, as amended. STAFF RECOMMENDATION: County staff is requesting that the Roanoke County Board of Supervisors approve the attached Resolution to abandon the streets described above and instruct the County Attorney to prepare the necessary resolution. 2 4 SUBMITTED BY: Arnold Covey, Director of Engineering & Inspect ACTION Approved ()Motion by: Denied ( ) Received ( ) Referred ( ) To ( ) pc: Paul Mahoney, County Attorney APPROVED BY: '~~ Elmer C. Hodge County Administrator VOTE No Yes Abs. Harrison Johnson McNamara Minnix Nickens 3 T- ~ THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, IN REGULAR MEETING ON THE 10TH DAY OF FEBRUARY 1998, ADOPTED THE FOLLOWING: RESOLUTION WHEREAS, a public notice was posted as prescribed under §33.1-151, Code of Virginia, announcing a public hearing to receive comments concerning abandoning the sections of roads described below from the secondary system of state highways, and WHEREAS, the Commissioner of the Virginia Department of Transportation was provided the prescribed notice of this Board's intent to abandon the subject sections of roads, and WHEREAS, after considering all evidence available, this Board is satisfied that no public necessity exists for the continuance of the section of Secondary Route 862 from 0.03 miles west of Route 876 to 0.17 miles west of Route 876, a distance of 0.14 miles, Secondary Route 876 from Route 862 to 0.10 miles south of Route 862, a distance of 0.10 miles, Secondary Route 877 from Route 876 to 0.14 miles west of Route 876, a distance of 0.14 miles, and Secondary Route 878 from Route 862 to 0.10 miles south of Route 862, a distance of 0.10 miles, and hereby deem these sections of roads no longer necessary as a part of the Secondary System of State Highways. NOW, THEREFORE, BE IT RESOLVED, this Board abandons the above described sections of roads and removes it from the secondary system of state highways, pursuant to §33.1-151, Code of Virginia. BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer of the Virginia Department of Transportation. Recorded Vote A Copy Teste: Moved By: Seconded Yeas: Nays: By: Mary H. Allen, Clerk Roanoke County Board of Supervisors / ?q3 ° ~~ {1j~ ~. ~~ ~ O ! ~ ~ y N 9 198.5 692 ~, ~ Rt. 862 Ave. ...~ ~~ ..~~ 'sr" .~~`~ ~~ 7I~ I 41 89 40 21 ~ • 4021 c 40.21 , • 40.21 80.42 A.IIB 40 W 7 0y y. ~ ~3{ /g - a39 ~B 4 '~O 11738 ' 4 s3-32 3'/-~4y«8=4o 4 4 u / "43~. C3~?~• .' u a ~ ~ a ~ . o?~o ~B 3. ~~~ _ r ~ ¢ y . ! . J. a . _ . _ ~ ~ ~ a ° , ~ r / ,~I +1r ~ 4021 6 ~ 21 40 . _ w ~ u °' I?0~ ~ 4 4 b s ° ~ , i/ /~ ° ) i3 /~ . 91. . .,, 2/ ~ ~ ° : ~ ~ ~ ~ G 4 3 ,/ it i i ~' ~• u G 1,. ri' S l~ 125 s ro t _ ~ B `ss ~. IT . M. . ~ {~• ~'~ ~~ u/ ? tz~ 120 ~ 192.18 ~ ~ 40 ~ ~ ~i~ c~/3, 1y S /~ ~ w 4~ ~ ~O`t ~ ~ ~~S , 40 40 120 ...N' ,St ~ .1 ' ~. Sn i.S: '~ 4 t 1. ! ~ 7 I~ ~ isa es 9 Pink ;. _ and ,~ 2 i z. ,° . g N a ~S ~ n 898 ~ ~T3J V 88144 90 ~ ' FX7.. ' ~ . 23 • 9 41 125( - S/ "~J x H4 49 '~ I o - s4 - X62 ~ ° a .~ • ' ' ~ %: i. ~ a>a, f ~ / ~ I . 31 '~'~2s ° 'e Izs,436 ~ N ,;10 +~ p i r - S4 ~ ° • . .• Q ~? • /,~ . /0 128 S! ° O oo ~ 43 fi~ 2 "~ 2ss E zst ' 7 H63 ~ '6x" 68, Qsl/' f N N~~t 2.3egcrc~~ u ~~~~ ° 29~zass3w /? 1~~3 Q 1 S y} ~ 40 90 40 ~ ll 1~ ~1? '. 13215 2 n /2a~ ~ an. ROANOKE COUNTY REQUEST TO ABANDON PUBLIC STREETS OF VIRGINIA ENGINEERING & SECONDARY ROUTES, A PORTION OF ROUTE 862 (VALLEY AVENUEj, ROUTE 876 (MEADOW VIEW ROADj, ROUTE 877 INSPECTIONS DEPARTMENT (pINKARD AVENUE) AND ROUTE 878 (BOOKER ROAD1, PINKARD COURT SUBDIVISION IN CAVE SPRING DISTRICT - - - - ROANOKE COUNTY, VIRGINIA. Pinkard Court State Maintained Roads to Be Abandoned Route Name From To Length 862 876 Valley Avenue Meadowview Road 0.03 Mi W of Rte 876 Rte 862 0.17 Mi W of Rte 876 0.10 Mi S of Rte 862 0.14 0.10 877 Pinkard Street Rte 876 0.14 Mi W of Rte 876 0.14 878 Booker Road Rte 862 0.10 Mi S of Rte 862 0.10 „_.•- l- ~ VACATION/ABANDONMENT SCHEDULE FOR PINKARD COURT SUBDIVISION VACATION OF RIGHTS-OF-WAY PURSUANT TO TITLE 15.2272(2), CHAPTER 22, CODE OF VIRGINIA ABANDONMENT OF PUBLIC ROADS OF VIRGINIA SECONDARY ROUTES PURSUANT TO TITLE 33.1-151, CODE OF VIRGINIA 1. County received petition from interested party. (Done) 2. Notice of intention to vacate street has been published once a week for two successive weeks in newspaper published or having general circulation in the locality. (Done) 1. County received petition from interested party. (Done) 2. Board of Supervisors announce its intent to abandon streets by letter to the Commissioner of the Department of Transportation. (Done) 3. January 5, 1998, County posted 3. First reading of ordinance is notice of abandonment at County scheduled for January 27, 1998. courthouse and placed notices at (Done) three locations along each street to be abandoned. The notices must be 4. Second reading and public hearing posted for 30 days. The 30 days will scheduled for February 10, 1998. end February 3, 1998. (Done) (Done) 4. Roanoke County advertised public 5. Adoption of ordinance by Board of hearing for February 10, 1998 in two Supervisors at the February 10, successive weeks in local newspaper. 1998. (We are here.) (Done) 6. 30-day appeal period. 5. Adoption of resolution by Board of Supervisors at the February 10, 7. No appeal filed with circuit court, a 1998. (We are here.) certified copy of the ordinance of vacation may be recorded in the 6. Certified copy of resolution is clerk's office. forwarded to the Resident Engineer of VDOT. 8. Rights-of--way and alley vacated. 7. 30-day appeal period. 8. Resident Engineer forwards information to Secondary Roads. 9. Secondary Roads Division prepares reports for Commonwealth Transportation Board's action. The TCB meets on the third Thursday of every month. ..~. .. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, FEBRUARY 10, 1998 ORDINANCE 021098-9 VACATING AND CLOSING AS PUBLIC RIGHTS- OF WAY A PORTION OF VALLEY AVENUE, ALL OF PINKARD AVENUE, MEADOW VIEW ROAD, BOOKER ROAD, AND SUMMIT AVENUE, AND ALL ALLEYS IN PINKARD COURT SUBDIVISION SHOWN IN PLAT BOOK 1, PAGE 363. WHEREAS, the Petitioners, residents and Interstate Development, L.L.C., optionee on the properties, in Pinkard Court Subdivision as shown on the "Map of Pinkard Court" of record in the Clerk's Office of the Circuit Court of Roanoke County in Plat Book 1, Page 363, have proposed the sale and acquisition of the lots in said subdivision for development of a Lowe's retail business in the County of Roanoke; and, WHEREAS, the Petitioners have requested that the Board of Supervisors of Roanoke County, Virginia, vacate and close as public rights-of-way a portion of Valley Avenue, all of Pinkard Avenue, Meadow View Road, Booker Road and Summit Avenue, and all alleys, in Pinkard Court Subdivision, said roads, streets and alleys having been created and shown on the "Map of Pinkard Court" recorded in Plat Book 1, Page 363; and, WHEREAS, §15.2-2272.2 of the Code of Virginia (1950, as amended) requires that such action be accomplished by the adoption of an ordinance by the governing body; and, WHEREAS, notice has been given as required by §15.2-2204 of the Code of Virginia (1950, as amended), and the first reading of this ordinance was held on January 27, 1998; the public hearing and second reading of this ordinance was held on February 10, 1998. NOW THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the public rights-of-way, situate in the Cave Spring Magisterial District of Roanoke County, shown and cross-hatched on Exhibit A attached hereto, and referenced as a portion of Valley Avenue (Route 862), from .03 miles west from its intersection with Meadow View Road (Route 876), to its intersection with Washington Avenue, all of Pinkard Avenue (Route 877), Meadow View Road (Route 876), Booker Road (Route 878) and Summit Avenue, and all alleys, created on plat entitled "Map of Pinkard Court", recorded in the aforesaid Clerk's Office in Plat Book 1, Page 363, be, and hereby are, vacated and closed pursuant to Section 15.2-2272 of the Code of Virginia (1950, as amended), subject to the following conditions: a. That fee simple title to all of the lots in Pinkard Court Subdivision as shown on Plat Book 1, Page 363 (except Lots 1, 2, and 3 in Block 1 which are not affected by this action), to a parcel of land currently owned by Rowena P. Jernigan (Deed Book 1288, Page 803) designated on the Roanoke County Land Records as Tax Map No. 87.08-3-1, and to a parcel of land consisting of 21.686 acres, more or less, and being a portion of a tract of land currently owned by Craighead Real Estate (Deed Book 1388, Page 1311; Will Book 44, Page 1447) designated on the Roanoke County Land Records as Tax Map No. 77.20-1-42 and a portion of Tax Map No. 77.20-1-43, shall be acquired by Interstate Development, L.L.C., or its assignee (Lowe's Companies, Inc.), in one common ownership and all of said lots or parcels shall be added and combined into one tract or parcel of land, with other parcels added if necessary or desired, within four months from the date of adoption of this ordinance. b. That fee simple title to said roads, streets and alleys shall vest in the owner(s) of the abutting properties within the subdivision as provided in §15.2-2274 of the Code of Virginia (1950, as amended), subject to the condition that the vacated areas of land shall be added and combined, by deed or by plat, to said abutting property, in compliance with the Roanoke County Subdivision and Zoning Ordinances, and other applicable laws and regulations. c. That a new public right-of-way from Franklin Road (Route 220) and extending to Washington Avenue be dedicated and the appropriate 2 guarantee be provided to the County of Roanoke for the construction of the new road to the standards required by the Virginia Department of Transportation (VDOT) and for VDOT acceptance of the new road into the state secondary road system. d. That abandonment of those portions of Valley Avenue (Route 862), Pinkard Avenue (Route 877), Meadow View Road (Route 876), and Booker Road (Route 878) which are part of the secondary system of state highways be approved by separate procedure and action in accordance with §33.1-151 of the Code of Virginia (1950, as amended). e. That all costs and expenses associated herewith, including but not limited to publication, survey and recordation costs, shall be the responsibility of Interstate Development, L.L.C., or its assignee (Lowe's Companies, Inc.); and, 2. That the County Administrator, an Assistant County Administrator, or any County Subdivision Agent is hereby authorized to execute such documents and take such actions as may be necessary to accomplish the provisions of this ordinance, all of which shall be on form approved by the County Attorney. 3. That this ordinance shall be effective on and from the date of its adoption, and a certified copy of this ordinance shall be recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in accordance with §15.2-2272.2 of the Code of Virginia (1950, as amended). On motion of Supervisor Minnix to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None A COPY TESTE: 3 ~. Mary H. 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' go Camehrry @a ,o ~ 6D3Ac ti ti 10 ~' y° • ~~ '~;~ STREETS AND ALLEYS TO BE 4486 at`5 ~ VACATED SHOWN IN~HATCHING 1 I ~1 ///!////r ~,.._ ROANOKE COUNTY VACATION AS A PUBLIC RIGHT-OF-WAY, A PORTION OF ENGINEERING & VALLEY AVENUE,PINKARD AVENUE, MEADOW VIEW ROAD, BOOKER ROAD AND SUMMIT AVENUE AND ALL ALLEYS. INSPECTIONS DEPARTMENT 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: February 10, 1998 AGENDA ITEM: Ordinance to vacate as public rights-of-way a portion of Valley Avenue, Pinkard Avenue, Meadow View Road, Booker Road and Summit Avenue and all alleys recorded in Plat Book 1, Page 363, Pinkard Court Subdivision in the Cave Spring Magisterial District, Roanoke County, Virginia. COUNTY ADMINISTRATOR'S COMMENTS: EXECUTIVE SUMMARY: The petitioners, the residents of Pinkard Court Subdivision, are requesting that the Board of Supervisors vacate as public rights-of-way a portion of Valley Avenue, Pinkard Avenue, Meadow View Road, Booker Road and Summit Avenue and all alleys. County staff is recommending that the Board of Supervisors approve the attached ordinance. BACKGROUND: On November 18, 1997, staff submitted a report to the Roanoke County Board of Supervisors requesting authorization to give notice to the Commonwealth Transportation Board to proceed with the abandonment of the streets in the Pinkard Court Subdivision. After receiving authorization from the Board of Supervisors, the Director of Engineering and Inspections, on November 24, 1997, notified Mr. David R. Gehr, Commissioner of the Department of Transportation, of the County's intention to abandon the public streets in the Pinkard Court Subdivision. On December 2, 1997, Kenneth M. Smith, Transportation Engineering Program Supervisor for the Department of Transportation responded on behalf of ~~ f Commissioner David R. Gehr. He commented that the department had no objection to the abandonments that are needed to facilitate resubdivision of the land occupied by Pinkard Court Subdivision for redevelopment by the Lowe's Corporation. Staff plans to bring a report and resolution for abandonment of the public streets in the Pinkard Court Subdivision to the Board of Supervisors at the February 10, 1998 Public Hearing. For additional information on the sequence of events, please refer to the attached schedule. SUMMARY OF INFORMATION: The residents of the Pinkard Court Subdivision submitted a petition to Roanoke County requesting the public roads close and surrender access of these streets to the Lowe's Corporation. As part of the abandonment process, Roanoke County must vacate the public rights-of-way and alleys in order for Lowe's Corporation to move forward with their development plans. The rights-of-way to be vacated is a portion of Valley Avenue (Route 862), ftom .03 miles west from its intersection with Meadow View Road (Rout 876), to its intersection with Washington Avenue, Pinkard Avenue (Route 877), Meadow View Road (Route 876), Booker Road (Route 873) and Summit Avenue and all alleys recorded in Plat Book 1, Page 363, Pinkard Court Subdivision. Once the rights-of-way and all alleys are vacated, the property will be divided and combined with the properties adjacent pursuant to the requirements of Title 15.2, Chapter 22, Code of Virginia, 1950 (as amended) as cited in Section 15.2-2274. Roanoke County staff has received no objections to this petition and requests that the described rights-of-way and alleys shown on the attached map be vacated in accordance with Chapter 22, Title 15.2-2272(2), Code of Virginia 1950, as amended. Staff requests that this vacation is made subject to the dedication of a new public right-of--way from Franklin Road (Route 220) to Washington Avenue and the appropriate guarantee is provided for VDOT acceptance. A first reading of the proposed ordinance was held on January 27, 1998; a Public Hearing and second reading is scheduled for February 10, 1998. STAFF RECOMMENDATION: County staff is requesting that the Roanoke County Board of Supervisors adopt the ordinance to vacate the rights-of-way and alley as described earlier and to instruct the County Attorney to prepare the necessary ordinance with the condition that the vacation does not become effective until the new public right-of-way is a plat from Franklin Road (Route 220) to Washington Avenue and the appropriate guarantee is provided for VDOT acceptance. 2 ~"'~ ITTED BY: Arnold Covey, Directs-- of Engineering & Inspections ACTION Approved ()Motion by: Denied ( ) Received ( ) Referred ( ) To ( ) pc: Paul Mahoney, County Attorney APPROVED BY: Elmer C. Hodge County Administrator VOTE No Yes Abs Harrison Johnson McNamara Minnix Nickens 3 +w x nze o00 _,. , ~~1i r ~ Q 62 .c i5\ s i fl `~ 17 I6 '42~re io a~ ~ ~- \ _ ~ye;~ 6\I9 •n ep°ti` 1. y," ~ + tae' 9 !2 .a 2~ . ,rz1 ~ ~ ~s . lJ ' ~~ x .P ,c19 tr' ~/ c ~ 13a~ . 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A yJp/ 00 O 6 \ 1 / r / ~, ~ 84333 A - '~T~20 ~ e~ ~ C 6~ p~~~a / ~l \ G 0 6 7r p < 943.7' sj , 'e '~ s 6~,Z~s ,o °o - ~p - e 65 's' ~ `~ -J . ~ Ceme/eiy 60 ~ 1.03Ae i ~, ti 10 y°~ '« '~ STREETS AND ALLEYS TO BE 4486 a~`5 VACATED SHOWN IN HATCHING `:n / /~ ~._ ROANOKE COUNTY VACATION AS A PUBLIC RIGHT-OF-WAY, A PORTION OF ENGINEERING & VALLEY AVENUE, PINKARD AVENUE, MEADOW VIEW ROAD, BOOKER ROAD AND SU?~I?YIIT AVENUE AND ALL ALLEYS . INSPECTIONS DEPARTMENT t~4' VACATION/ABANDONMENT SCHEDULE FOR PINKARD COURT SUBDIVISION VACATION OF RIGHTS-OF-WAY PURSUANT TO TITLE 15.2272(2), CHAPTER 22, CODE OF VIRGINIA 1 County received petition from interested party. (Done) 2. Notice of intention to vacate street has been published once a week for two successive weeks in newspaper published or having general circulation in the locality. (Done) ABANDONMENT OF PUBLIC ROADS OF VIRGINIA SECONDARY ROUTES PURSUANT TO TITLE 33.1-151, CODE OF VIRGINIA 1. County received petition from interested party. (Done) 2. Board of Supervisors announce its intent to abandon streets by letter to the Commissioner of the Department of Transportation. (Done) 3. January 5, 1998, County posted 3. First reading of ordinance is notice of abandonment at County scheduled for January 27, 1998. courthouse and placed notices at (Done) three locations along each street to be abandoned. The notices must be 4. Second reading and public hearing posted for 30 days. The 30 days will scheduled for February 10, 1998. end February 3, 1998. (Done) (Done) 4. Roanoke County advertised public 5. Adoption of ordinance by Board of hearing for February 10, 1998 in two Supervisors at the February 10, successive weeks in local newspaper. 1998. (We are here.) (Done) 6. 30-day appeal period. 5. Adoption of resolution by Board of Supervisors at the February 10, 7. No appeal filed with circuit court, a 1998. (We are here.) certified copy of the ordinance of vacation may be recorded in the 6. Certified copy of resolution is clerk's office. forwarded to the Resident Engineer of VDOT. 8. Rights-of--way and alley vacated. 7. 30-day appeal period. 8. Resident Engineer forwards information to Secondary Roads. 9. Secondary Roads Division prepares reports for Commonwealth Transportation Board's action. The TCB meets on the third Thursday of every month. ~~~ `AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, FEBRUARY 10, 1998 ORDINANCE VACATING AND CLOSING AS PUBLIC RIGHTS-OF-WAY A PORTION OF VALLEY AVENUE, ALL OF PINKARD AVENUE, MEADOW VIEW ROAD, BOOKER ROAD, AND SUMMIT AVENUE, AND ALL ALLEYS IN PINKARD COURT SUBDIVISION SHOWN IN PLAT BOOK 1, PAGE 363. WHEREAS, the Petitioners, residents and Interstate Development, L.L.C., optionee on the properties, in Pinkard Court Subdivision as shown on the "Map of Pinkard Court" of record in the Clerk's Office of the Circuit Court of Roanoke County in Plat Book 1, Page 363, have proposed the sale and acquisition of the lots in said subdivision for development of a Lowe's retail business in the County of Roanoke; and, WHEREAS, the Petitioners have requested that the Board of Supervisors of Roanoke County, Virginia, vacate and close as public rights-of-way a portion of Valley Avenue, all of Pinkard Avenue, Meadow View Road, Booker Road and Summit Avenue, and all alleys, in Pinkard Court Subdivision, said roads, streets and alleys having been created and shown on the "Map of Pinkard Court" recorded in Plat Book 1, Page 363; and, WHEREAS, §15.2-2272.2 of the Code of Virginia (1950, as amended) requires that such action be accomplished by the adoption of an ordinance by the governing body; and, WHEREAS, notice has been given as required by §15.2-2204 of the Code of Virginia (1950, as amended), and the first reading of this ordinance was held on January 27, 1998; the public hearing and second reading of this ordinance was held on February 10, 1998. NOW THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the public rights-of-way, situate in the Cave Spring Magisterial District of Roanoke County, shown and cross-hatched on Exhibit A attached hereto, and referenced ~: as a portion of Valley Avenue (Route 862), from .03 miles west from its intersection with Meadow View Road (Route 876), to its intersection with Washington Avenue, all of Pinkard Avenue (Route 877), Meadow View Road (Route 876), Booker Road (Route 878) and Summit Avenue, and all alleys, created on plat entitled "Map of Pinkard Court", recorded in the aforesaid Clerk's Office in Plat Book 1, Page 363, be, and hereby are, vacated and closed pursuant to Section 15.2-2272 of the Code of Virginia (1950, as amended), subject to the following conditions: a. That fee simple title to all of the lots in Pinkard Court Subdivision as shown on Plat Book 1, Page 363 (except Lots 1, 2, and 3 in Block 1 which are not affected by this action), to a parcel of land currently owned by Rowena P. Jernigan (Deed Book 1288, Page 803) designated on the Roanoke County Land Records as Tax Map No. 87.08-3-1, and to a parcel of land consisting of 21.686 acres, more or less, and being a portion of a tract of land currently owned by Craighead Real Estate (Deed Book 1388, Page 1311; Will Book 44, Page 1447) designated on the Roanoke County Land Records as Tax Map No. 77.20-1-42 and a portion of Tax Map No. 77.20-1-43, shall be acquired by Interstate Development, L.L.C., or its assignee (Lowe's Companies, Inc.), in one common ownership and all of said lots or parcels shall be added and combined into one tract or parcel of land, with other parcels added if necessary or desired, within four months from the date of adoption of this ordinance. b. That fee simple title to said roads, streets and alleys shall vest in the owner(s) of the abutting properties within the subdivision as provided in §15.2-2274 of the Code of Virginia (1950, as amended), subject to the condition that the vacated areas of land shall be added and combined, by deed or by plat, to said abutting property, in compliance with the Roanoke County Subdivision and Zoning Ordinances, and other applicable laws and regulations. c. That a new public right-of-way from Franklin Road (Route 220) and extending to Washington Avenue be dedicated and the appropriate guarantee be provided to the County of Roanoke for the construction of the new road to the standards required by the Virginia Department of Transportation (VDOT) and for VDOT acceptance of the new road into the state secondary road system. 2 d. That abandonment of those portions of Valley Avenue (Route 862), Pinkard Avenue (Route 877), Meadow View Road (Route 876), and Booker Road (Route 878) which are part of the secondary system of state highways be approved by separate procedure and action in accordance with §33.1-151 of the Code of Virginia (1950, as amended). e. That all costs and expenses associated herewith, including but not limited to publication, survey and recordation costs, shall be the responsibility of Interstate Development, L.L.C., or its assignee (Lowe's Companies, Inc.); and, 2. That the County Administrator, an Assistant County Administrator, or any County Subdivision Agent is hereby authorized to execute such documents and take such actions as may be necessary to accomplish the provisions of this ordinance, all of which shall be on form approved by the County Attorney. 3. That this ordinance shall be effective on and from the date of its adoption, and a certified copy of this ordinance shall be recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in accordance with §15.2-2272.2 of the Code of Virginia (1950, as amended). g:\attorney\vlh\eng\lowes.ord 3 ~' i ) ' / ~ ~. ~, AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, FEBRUARY 10, 1998 ORDINANCE 021098-10 GRANTING A SPECIAL USE PERMIT TO GOLDEN OAKS KENNELS TO ALLOW A PRIVATE KENNEL AT 4601 GOODMAN ROAD (TAX MAP N0.89.01-4-9j, VINTON MAGISTERIAL DIS- TRICT WHEREAS, Golden Oaks Kennels has filed a petition to allow a private kennel located at 4601 Goodman Road (Tax Map No. 89.01-4-9) in the Vinton Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this matter on December 2, 1997; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first reading on this matter on November 18, 1997; the second reading and public hearing on this matter was held on December 16, 1997, and continued to January 27, 1998, and continued to February 10, 1998. NOW, THEREFORE BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the Board finds that the granting of a special use permit to Golden Oaks Kennels to allow a private kennel located at 4601 Goodman Road (Tax Map No. 89.01-4- 9) in the Vinton Magisterial District is substantially in accord with the adopted 1985 Comprehensive Plan pursuant to the provisions of § 15.1-456 of the 1950 Code of Virginia, as amended, and said Special Use Permit is hereby approved with the following conditions: (1) The number of dogs allowed shall be limited to five; however, the applicant is permitted to kennel the eight dogs currently on the property. Upon the death or disposition of any dog in excess of the five dogs 1 r permitted, the owner shall not be allowed to replace said dogs. (2) The Special Use Permit is restricted to Raymond and Patricia Harris only and shall not be transferable to any other property owner. (3) A kennel silencer shall be installed. (4) No signage advertising animals for sale shall be permitted. (5) Staff shall make an administrative review of the special use permit for compliance with the ordinance after twelve months. (6) No dog from the kennel will be allowed out of the kennel unless under the control and supervision of the owner or an agent of the owner. 2. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed to amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. On motion of Supervisor Nickens to adopt the ordinance modifying Condition #1 and adding Condition #6, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None A COPY TESTE: yy~a..~-`~, ~J. Q.GGc~ Mary H. Allen, CMC Clerk to the Board of Supervisors cc: File Terry Harrington, Director, Planning & Zoning Arnold Covey, Director, Engineering & Inspections John W. Birckhead, Director, Real Estate Assessment Paul M. Mahoney, County Attorney 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: February 10, 1998 AGENDA ITEM: Public Hearing and Second Reading of Ordinance; Special Use Permit Request of Golden Oaks Kennel for Private Kennel at 4601 Goodman Road COUNTY ADMINISTRATOR'S COMMENTS: This is a request to allow an eight dog private kennel at 4601 Goodman Road. The Commission considered this request on December 2, 1997 and recommended approval to the Board. The Commission recommended that five conditions be attached to the permit. These conditions (1) limit the number of adult dogs to eight, (2) restrict the permit to Raymond and Patricia Harris, (3) require the installation of a kennel silencer, (4) prohibit signage on the property, and (5) require a twelve month administrative review of the permit. The Board held a public hearing on this request on December 16th and after considering public comment continued the request until January 27 to allow further consideration of the request. On January 27, due to weather conditions, the request was continued to February 10, 1998 Staff recommends as follows: 1. That the Board consider and act on this request on February 10, 1998 ~/~. " 2 Respectfully Submitted, ~ ~ ~~ Terrance Ha ington, AICP Director of Planning and Zoning Approved, Elmer C. Hodge County Administrator Action Approved ( ) Denied ( ) Received ( ) Ref erred to Motion by Harrison Johnson McNamara Minnix Nickens Vote No Yes Abs PETITIONER: GOLDEN OAKS KENNELS ~i „ CASE NUMBER: 49-12/97 ^~ Planning Commission Hearing Date: December 2, 1997 Board of Supervisors Hearing Date: December 16, 1997 A. REQUEST Petition of Golden Oaks Kennels to obtain a Special Use Permit to allow a private kennel, located in the 4601 Goodman Road, Vinton Magisterial District. B. CITIZEN COMMENTS Renee Sharp, Sarah Conner, Berkley Goodman, Tom Parr, Wanda Hannabass, and Herman Miller expressed the following concerns: enlargement of pen; dogs running loose; a large portable sign advertising the sale of puppies; noise; odor; drainage at rear of property. Karen Beamer spoke in support of the petition and stated that applicant has control of his dogs--no roving or excess barking of dogs. Raymond Harris responded by saying: his dogs are not allowed to run loose but there are others in the neighborhood that do; the animal pen is cleaned regularly and waste is hauled away; a kennel silencer will be installed and the pen will be moved. C. SUMMARY OF COMMISSION DISCUSSION The Commission questioned the number of dogs to be allowed. Mr. Harris explained that a license to allow eight dogs is sufficient; the request for 15 dogs was to allow far any new litter of puppies. D. RECOMMENDED CONDITIONS 1) The number of dogs allowed shall be limited to eight. 2) The Special Use Permit is restricted to Raymond and Patricia Harris only and shall not be transferable to any other property owner. 3) A kennel silencer shall be installed. 4) No signage advertising animals for sale shall be permitted. 5) Staff shall make an administrative review of the special use permit for compliance with .the ordinance after twelve months. E. COMMISSION ACTION(S) Mr. Robinson moved to recommend approval of the petition with conditions. The motion carried with the following roll call vote: AYES: Witt, Robinson, Thomason, Hooker NAYS: Ross ABSENT: None F. DISSENTING PERSPECTIVE None. G. ATTACHMENTS: _ Concept Plan _ Vicinity Map _ Staff Report/J _ Other Terrance Ha igton; S~retary Roanoke unty Planning Commission STAFF REPORT ~(~ PETITIONER: GOLDEN OAKS KENNELS CASE NUMBER: 49-12/97 PREPARED BY: TIM BEARD DATE: DECEMBER 2, 1997 PART I A. Executive Summary This is a Special Use Permit request to operate a private kennel on 3.52 acres, located at 4601 Goodman Road. A private kennel license is required to keep three or more dogs over four months of age in the R-1 district. The petitioner asks that this license allow up to 15 dogs. The site is designated Rural Village by the 1985 Comprehensive Plan. The proposal is generally consistent with Rural Village guidelines. A variety of rural residential and open space/woodland uses comprise the general area. B. Applicable Regulations The R-1 district permits private kennels by Special Use Permit. The ordinance defines private kennel as the keeping, breeding, raising, showing, or training of three or more dogs over four months of age for personal enjoyment of the owner or occupants of the property, and for which commercial gain is not the primary objective. Use and design standards for a private kennel are as follows: 1) Minimum lot size of one acre; 2) Permitted only when accessory to a single family dwelling; 3) Exterior runs, pens and other confined areas designed to house four or more animals shall be set back at least 25 feet from any property line. Perimeter fencing of a yard shall not be considered a confined area. PART II A. Analysis of Existing Conditions This portion of the Mount Pleasant community planning area is characterized by single family housing, open space/woodland uses and the Blue Ridge Parkway. The subject property exhibits flat to gently rolling terrain with grass, scattered deciduous trees, a pine grove and open pasture towards the south end of the parcel. In addition to the applicant's home, a detached garage, shed and dog pen occupy small portions of the overall three and one-half acres. Before the 1992 countywide zoning ordinance and map update, the Harris property and adjacent sites were zoned Residential Estates; a rural residential district which permitted private kennels by right. Mr. Harris has indicated to staff that he currently keeps a total of eight German Shepherds and Retrievers. He requests that this kennel license allow as many as 15 dogs. The petitioner has offered to utilize bark prevention collars and, to his knowledge, has the support of neighbors for this proposal. PART I I I STAFF CONCLUSIONS The applicant's request can comply with Use and Design standards described above (Section 30- 82-4). The existing dog pen should be moved away from the east property line and enlarged. If approved, staff recommends that the Commission impose conditions limiting the maximum number of dogs to eight and placing aone-year time limit on the initial private kennel license to be reviewed annually. Also staff recommends that the Commission impose a condition requiring that the owner install and operate a kennel silencer. 4 u -.~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, FEBRUARYIO, 1998 ORDINANCE GRANTING A SPECIAL USE PERMIT TO GOLDEN OAKS KENNELS TO ALLOW A PRIVATE KENNEL AT 4601 GOODMAN ROAD (TAX MAP NO. 89.01-4-9), VINTON MAGISTERIAL DISTRICT WHEREAS, Golden Oaks Kennels has filed a petition to allow a private kennel located at 4601 Goodman Road (Tax Map No. 89.01-4-9) in the Vinton Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this matter on December 2, 1997; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first reading on this matter on November 18, 1997; the second reading and public hearing on this matter was held on December 16, 1997, and continued to January 27, 1998, and continued to February 10, 1998. NOW, THEREFORE BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: That the Board finds that the granting of a special use permit to Golden Oaks Kennels to allow a private kennel located at 4601 Goodman Road (Tax Map No. 89.01-4-9) in the Vinton Magisterial District is substantially in accord with the adopted 1985 Comprehensive Plan pursuant to the provisions of § 15.1-456 of the 1950 Code of Virginia, as amended, and said Special Use Permit is hereby approved with the following conditions: (1) The number of dogs allowed shall be limited to eight. (2) The Special Use Permit is restricted to Raymond and Patricia Harris only and shall not be transferable to any other property owner. (3) A kennel silencer shall be installed. (4) No signage advertising animals for sale shall be permitted. (5) Staff shall make an administrative review of the special use permit for compliance with the ordinance after twelve months. . ~~ u~ 2. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed to amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. C:\OFFICE\WPWIN\WPDOCS\AGENDA\ZONING\GOLDENOA.WPD Uiiiiiillillllllllilll1111lllllillillllllll111111i111111Ilfill!!illillllllll!lIIi11~I~I11111~1~III1~i11111I1111111I11111111111111,~J ,_ o Z AGENDA ITE NO. 1 ,~ \ s a. ~ v i ~1 t/~ i18.JQ~ i ~~ ~~ a ..n / ~ 'PUBLIC HE G ORDINANCE CI ZENS COMMENTS c s ~ ~v ~ / SUBJECT: /~ c Y~ L e~ _ s I would like the Chairma of the Board of Supervis rs to recognize me during the c meeting on the above mat r so that I may com ent. WHEN CALLED TO THE CTERN, I WILL G MY NAME AND ADDRESS FOR THE RECORD. I A E TO ABIDE THE GUIDELINES LISTED e BELOW: s o s ~ a ~~ ® Each speaker will be giv between ree to five minutes to comment whether speaking as an in 'vidual or epresentative. The Chairman will decide the time limit based o the nu er of citizens speaking on an issue, and will enforce the rule unle s instr cted by the majority of the Board to = s do otherwise. ~. ... ® Speaker will be limited to a re entation of their point of view only. Questions of clarification may b ntertained by the Chairman. _. ^ All comments -must be directed t e Board. Debate between arecognized speaker and audience members ns of allowed. ,~: ; ,_ ^ Bath speakers and the audien~'e will xercise courtesy at all times. i ^ Speakers are requested to le~ve any itten statements and/or comments c ._ °° with the clerk. ^ INDIVIDUALS SPEAKING~~ON BF.HAL OF AN ORGANIZED GROUP SHALL FILE WITH THE~CLERK R UTH RIZATION FROM THE GROUP c = ALLOWING THE INDIYI UAL TO REP SENT THEM. .~ ~_ ,; _ _ _ a ~. PLEASE PRINT LEGI~LY AND GIVE TO HE CLERK -- i % i / ~~ / ~ ~~ !~ / ~ ~ ~. - ~ ~ a ~ ~~ ~ ~.~ m~ - ~ ~ ~ ~~ s ~ - ~. ~~ .s a ~~ a.. ~r i~ ~~ NAME j ~ e ~. n- _ ~- ._ ... ~_- ADDRESS Gc, ~ ~ "" o ~..'~ PHONE ~- i ~~ - ~~ ~. ~~ ~ ~ mllillllllllllllll11111il111111i~11111111111111lIlllllllli11111111llllllillltllllll111111111111111111111111i1111111111111111i111~ U~tttttlttttttttttttttttttttttttttttttttt~ettttttttttiiltililiHliiiiiliil111111111111IIIIIIIIIIIIIlil111111111i1i1111111111111i1j~ ~_ a ~ ° AGENDA ITE NO. u" ~ :- ° ° = A~ C~ Rr QU ~T - =_ ~_ e PUBLIC HEARING `1 ORDINANCE ITIZENS COMMENTS ~ c SUBJECT: -~ ` - ° ° I would like the Chairman of a Board of Sup rvisors to recognize me during the meeting on the above matter o that I may c mment. WHEN CALLED TO THE LE TERN, I WI GIVE MY NAME AND ADDRESS c FOR THE RECORD. i AGR~E TO ABI E BY~~ THE GUIDELINES LISTED _. BELOW: 1 ° ° c ° °' ^ Each speaker will be giv n betty en three to five minutes to comment whether speaking as an in ividu 1 or representative. The Chairman will c '~ decide the time limit based n t number of citizens speakin on an issue, and will enforce the rule un ess instructed by the majority of~the Board to s do otherwise. - _ - ° . ° ^ Speaker will be limited to presentation of their point of view only. c . Questions of clarification m be entertained by the Chairman. c s ~~ ~~ ~~ c ^ All comments must be dir to to the Board. Debate between a recognized speaker and audience me be s is not allowed. ~ ° wr .s. ^ Both speakers and the udien a will exercise courtesy at all times. ° ^ Speakers are requeste to lean any written statements and/or comments ~_ with the clerk. ° ^ INDIVIDUALS SP NG ON BEHALF OF AN ORGANIZED GROUP _- SHALL FILE WIT THE CLE AUTHORIZATION FROM THE GROUP c ALLOWING THE NDIVIDUAL O REPRESENT THEM. c ° ° ~ ° ° ° ~~ s ° PLEASE PRIN LEGIBLY AND GIVE TO THE CLERK i ~~ A1~ ~~ ° ~~ .1Y ~s Ti if ° ~1~ ° - ~~ i ° ~ ° I~ ~. a~ ~ ~~ ~~ ~~ ~ ° NAME ~iq V ~' ~ l ~ c ° ° ,- ° ADDRE ~G~ f ~~ o ° _ ° ° ° PHO y ~- ~ ~- S ~ ~ Z - - mIIIIIIIIIIIIIIItIiIllii~11111111111111111111111111111111111111111111111111i1t111111111111111111111l1111111iilll(lllllillifilillinl ~ . • ,/ ~` ./'~ ~t .. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, FEBRUARY 10, 1998 ORDINANCE 021098-11 TO AMEND AND REENACT SECTION 10-3, ARTICLE I OF CHAPTER 10 "LICENSES" OF THE ROANOKE COUNTY CODE IN ORDER TO CONFORM WITH A STATE CODE AMENDMENT TO ELIMINATE CHARGING A LICENSE FEE TO CERTAIN BUSINESSES SUBJECT TO A LICENSE TAX WHEREAS, pursuant to the authority of Chapter 37 (Section 58.1-3700, et se .) of the Code of Virginia, 1950, as amended, the County of Roanoke, Virginia, imposes a business, professional, and occupational license (BPOL) tax through the adoption of an ordinance codified in Chapter 10 Licenses of the Roanoke County Code; and, WHEREAS, said state enabling legislation was substantially amended by the 1996 session of the Virginia General Assembly and the Board of Supervisors of Roanoke County adopted an ordinance in June of 1996, to be effective on January 1, 1997, amending the Roanoke County Code to address and conform with the state code provisions, including imposition of a $50 fee for issuance of a business license; and, WHEREAS, §58.1-3703 of the Code of Virginia was amended by the 1997 session of the General Assembly to provide that the license taxes authorized therein shall not be assessed and collected on any amount of gross receipts of each business upon which a license fee is charged, which amendment is to be effective July 1, 1998; and, WHEREAS, said amendment necessitates a revision to §10-3 of the County Code, to be effective July 1, 1998; and, 1 a WHEREAS, the Board of Supervisors finds that, for businesses with gross receipts of $100,000 or more and therefore subject to the BPOL tax, the tax should properly be assessed on the "whole, entire, total receipts, without deduction", as gross receipts is defined in the state and county code, and that in accordance with the amendment to §58.1- 3703, such businesses shall not be charged the $50 license fee under §10-3(a)(1); and, WHEREAS, legal notice of this amendment has been published in a newspaper of general circulation within Roanoke County on January 13, 1998, and January 20, 1998; and, WHEREAS, the first reading of this ordinance was held on January 13, 1998, and the second reading and public hearing on this ordinance was held on February 10, 1998. NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That §10-3 of Article I, Chapter 10, LICENSES of the Roanoke County Code be amended and reenacted as follows: Sec. 10-3. Levying of license fees and taxes. (a) Subject to the limitations provided in § 58.1-3703.C. of the Code of Virginia (1950, as amended), and except as otherwise specifically provided for in this chapter of the Roanoke County Code, there are hereby imposed and levied for each and every year, beginning with January 1 of each year and ending December 31 following, and there shall be collected the following license fees and taxes upon the privilege of doing business or exercising a profession, trade, occupation or calling, including all phases thereof, in the 2 county, which license fees and taxes shall be for the support of the county government, payment of the county debt, and for other county and public purposes: (1) There is hereby imposed and there shall be collected an annual license fee in the amount of fifty dollars ($50.00} for issuance of a license on businesses, trades, professions, occupations and callings and upon the persons, firms and corporations engaged therein within the county; provided, however, that this license fee shall no# be charged to any person whose gross receipts from a business, trade, profession, occupation or calling are one hundred thousand dollars ($100,000.00) or greater during the preceding calendar year and who is subject to levy and payment of the annual license taxes as provided in subsection (a}(2) hereof; and, (2) There is hereby levied and there shall be collected the annual license taxes at the rates and in the amounts hereinafter set forth in this chapter upon any person, firm, or corporation engaged in a business, trade, profession, occupation or calling subject to licensure in the county. Except as may be otherwise authorized by specific or special provisions of Chapter 37 (§ 58.1- 3700 et seq.) of the Code of Virginia, 1950, as amended, and this chapter of the Roanoke County Code, the annual license taxes shall not be imposed upon any person whose gross receipts from a business, profession, trade, occupation or calling are less than one hundred thousand dollars ($100,000.00) during the preceding calendar year. 3 (b) Where the license tax imposed in this chapter is measured by volume, the volume on which the tax may be computed shall be the volume attributable to all definite places of business of the business, profession, trade, occupation or calling in the county. All volume attributable to any definite places of business of the business, profession, trade, occupation or calling in any other locality shall be deductible from the base in computing any local license tax measured by volume imposed upon the licensee in the county. "Volume," as used in this section, means gross receipts, sales, purchases, or other base for measuring a license tax which is related to the amount of business done. 2. That this ordinance shall be effective on and from July 1, 1998. On motion of Supervisor Johnson to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None A COPY TESTE: Mary H. Allen, CMC Clerk to the Board of Supervisors 4 cc: File Brent Robertson, Budget Manager C'rcu' Court Roy B. Willett, Judge Clifford R. Weckstein, Judge Diane McQ. Strickland, Judge Richard C. Pattisall, Judge Robert P. Doherty, Jr., Judge Jonathan M. Apgar, 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 George W. Hams, Judge William Broadhurst, Judge Vincent Lilley, Judge Julian H. Raney, Judge Jacqueline F. Ward Talevi, Judge Theresa A. Childress, Clerk Skip Burkart, Commonwealth Attorney Paul M. Mahoney, County Attomey Magistrates Sherri KrantrJBetty Perry Main Library Ray Lavinder, Police Chief Richard Burch, Chief of Fire & Rescue Roanoke Law Library, 315 Church Avenue, S.W., Rke 24016 Roanoke County Law Library, Singleton Ostefioudt Roanoke County Code Book Gerald S. Hott, 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: February 10, 1998 AGENDA ITEM: ORDINANCE TO AMEND AND REENACT SECTIONS 10-3, ARTICLE I; OF CHAPTER 10 LICENSES OF THE ROANOKE COUNTY CODE IN ORDER TO CONFORM WITH A STATE CODE AMENDMENT TO ELII~RNATE CHARGING A LICENSE FEE TO CERTAIN BUSINESSES SUBJECT TO A LICENSE TAX COUNTY ADMINISTRATOR'S COMMENTS: Recommend approval of these changes. Most are housekeeping. I do recommend retaining the fee for those businesses grossing less than X100, 000. EXECUTIVE SLINIMARY: This is the second reading of the proposed ordinance to amend and reenact Article I, Section 10-3 of Chapter 10 LICENSES, of the Roanoke County Code to incorporate a state code amendment to eliminate charging a license fee to businesses subject to a license tax into the Roanoke County Code. This second reading was originally scheduled for January 27, 1998 but was canceled due to bad weather. The first reading was held on January 13, 1998 and public hearing is scheduled for February 10, 1998. BACKGROUND: Chapter 37 (Section 58.1-3700, et seq.) of the Code of Virginia, 1950, as amended, authorizes localities to adopt an ordinance imposing a business, professional, and occupational license (BPOL) tax. In response to criticism of the BPOL tax and support for repeal of the state enabling legislation to eliminate the tax, due to disparity among localities in the tax provisions and administration, many local governments adopted the uniform provisions proposed by the Virginia Municipal League (VML) to voluntarily address the concerns. The Board of Supervisors adopted an amended BPOL Ordinance with the uniform provisions on December 12, 1995. During the 1996 session of the General Assembly, significant amendments were made to the enabling legislation. Specific provisions to address such issues as key definitions, rules for Ll- 3 establishing situs, interest and penalty provisions, and due dates were adopted into the state code and were required to be incorporated into any local BPOL ordinance no later than January 1, 1997. In addition, the 1996 General Assembly provided that no locality could impose a BPOL tax on any business with gross receipts less than $100,000. The amended legislation authorized localities to impose a fee not to exceed $100, applicable to all businesses, for issuance of a business license. The Board of Supervisors made these amendments to the BPOL Ordinance and established a $50 fee applicable to all businesses for the issuance of a business license on June 25, 1996. SUMMARY OF INFORMATION: The 1997 General Assembly, in order to limit charging a license fee to businesses subject to license taxes, amended section 58.1-3703 to permit localities to assess and collect license taxes "...provided such tax shall not be assessed and collected on any amount of gross receipts of each business upon which a license fee is charged." This amendment will prohibit Roanoke County from imposing a licensing fee on a business and assessing a gross receipts tax on that business whose gross receipts are greater than $100,000. The State Code amendment is effective July 1, 1998; therefore, this change will not affect the 1998 BPOL tax year for taxes and fees due on March 1, 1998. County staff has prepared the proposed amendments to Chapter 10, Licenses, in order to assure that the Roanoke County BPOL ordinance will be in conformity with the requirements of the amended state enabling legislation as of July 1, 1998. In summary, the ordinance amendment states that the license fee shall not be charged to any business whose gross receipts are $100,000 or greater and who is subject to levy and payment of the annual license tax. One additional amendment to State Code section 58.1-3703 authorizes the governing body to waive the license requirements for businesses with gross receipts of less than $100,000. While not specifically mentioning the license fee, it is logical to assume that if the licensing requirement is waived, the fee would also be waived since there would be nothing filed on which to base the fee. The Commissioner of Revenue's office is adamantly opposed to this option, mainly because the filing requirement assists in tracking businesses to see whether or not they are subject to BPOL taxes. This option would also have a significant negative fiscal impact. This change in state code is optional at the discretion of the local governing body. The Board may elect to take no action to amend the County Code. If no action is taken, the state code would supersede the County Code as of July 1, 1998. FISCAL IMPACT: Based on State Code section 58.1-3703 as amended and adopted by the 1997 session of the Virginia General Assembly and approved by Governor George Allen, Roanoke County will no longer be authorized to charge a business a filing fee and a business license tax based on gross receipts of $100,000 or greater. The projected revenue loss from this amendment totals approximately $75,000. 2 (,t- 3 If the Board chooses to waive licensing requirements for businesses with gross receipts less than $100,000, the projected revenue loss would be approximately $210,000 (in addition to the above mentioned revenue loss). STAFF RECOMMENDATION: Approve the second reading of the proposed ordinance to amend and reenact Sections 10-3, Article I; of Chapter 10 Licen s of the Roanoke County Code in order to comply with the amended state code enabling legislation, to not charge a license fee to any business with gross receipts of $100,000 or greater who is subject to levy and payment of the annual license tax. Respectfully submitted, Brent Robertson Budget Manager Approved by, C~~~ Elmer C. Hodge County Administrator ACTION VOTE Approved () Motion by: No Yes Abs Denied () Harrison - - - Received () Johnson - - - Referred O McNamara - - - To () Minnix - - - Nickens - - - 3 t/l AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, FEBRUARY 10, 1998 ORDINANCE TO AMEND AND REENACT SECTION 10-3, ARTICLE I OF CHAPTER 10 "LICENSES" OF THE ROANOKE COUNTY CODE IN ORDER TO CONFORM WITH A STATE CODE AMENDMENT TO ELIMINATE CHARGING A LICENSE FEE TO CERTAIN BUSINESSES SUBJECT TO A LICENSE TAX WHEREAS, pursuant to the authority of Chapter 37 (Section 58.1-3700, et se .) of the Code of Virginia, 1950, as amended, the County of Roanoke, Virginia, imposes a business, professional, and occupational license (BPOL) tax through the adoption of an ordinance codified in Chapter 10 Licenses of the Roanoke County Code; and, WHEREAS, said state enabling legislation was substantially amended by the 1996 session of the Virginia General Assembly and the Board of Supervisors of Roanoke County adopted an ordinance in June of 1996, to be effective on January 1, 1997, amending the Roanoke County Code to address and conform with the state code provisions, including imposition of a $50 fee for issuance of a business license; and, WHEREAS, §58.1-3703 of the Code of Virginia was amended by the 1997 session of the General Assembly to provide that the license taxes authorized therein shall not be assessed and collected on any amount of gross receipts of each business upon which a license fee is charged, which amendment is to be effective July 1, 1998; and, WHEREAS, said amendment necessitates a revision to §10-3 of the County Code, to be effective July 1, 1998; and, WHEREAS, the Board of Supervisors finds that, for businesses with gross receipts of $100,000 or more and therefore subject to the BPOL tax, the tax should properly be 1 ~~ '"`' assessed on the "whole, entire, total receipts, without deduction", as gross receipts is defined in the state and county code, and that in accordance with the amendment to §58.1- 3703, such businesses shall not be charged the $50 license fee under §10-3(a)(1); and, WHEREAS, legal notice of this amendment has been published in a newspaper of general circulation within Roanoke County on January 13, 1998, and January 20, 1998; and, WHEREAS, the first reading of this ordinance was held on January 13, 1998, and the second reading and public hearing on this ordinance was held on February 10, 1998. NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That §10-3 of Article I, Chapter 10, LICENSES of the Roanoke County Code be amended and reenacted as follows: Sec. 10-3. Levying of license fees and taxes. (a) Subject to the limitations provided in § 58.1-3703.C. of the Code of Virginia (1950, as amended), and except as otherwise specifically provided for in this chapter of the Roanoke County Code, there are hereby imposed and levied for each and every year, beginning with January 1 of each year and ending December 31 following, and there shall be collected the following license fees and taxes upon the privilege of doing business or exercising a profession, trade, occupation or calling, including all phases thereof, in the county, which license fees and taxes shall be for the support of the county government, payment of the county debt, and for other county and public purposes: 2 t/1 "" (1) There is hereby imposed and there shall be collected an annual license fee in :: ~ :~ 000~1~x~::.:~~ ........::.:::::::.:::::::::::.::::::..........::::: ~::::::::::::::::::::::::.......:::::::::::.::.:::::.::::.;:::::.:. ~.:. ~~~.;:.~~.::.~..::.:.:::and...:..:an~ ::::::::::::::::::::::.:.<.;:.::.::.::;::.;:.::.:;.:::::::::::::.::::::::.::.::.::.::.:::.;:.;:<.;:.:::::::::::: ~':::::::::.:::::::::::........ €t~a~~ and, (2) There is hereby levied and there shall be collected the annual license taxes at the rates and in the amounts hereinafter set forth in this chapter upon any person, firm, or corporation engaged in a business, trade, profession, occupation or calling subject to licensure in the county. Except as may be otherwise authorized by specific or special provisions of Chapter 37 (§ 58.1- 3700 et seq.) of the Code of Virginia, 1950, as amended, and this chapter of the Roanoke County Code, the annual license taxes shall not be imposed upon any person whose gross receipts from a business, profession, trade, occupation or calling are less than one hundred thousand dollars ($100,000.00) during the preceding calendar year. (b) Where the license tax imposed in this chapter is measured by volume, the volume on which the tax may be computed shall be the volume attributable to all definite 3 . ~,,,,, places of business of the business, profession, trade, occupation or calling in the county. All volume attributable to any definite places of business of the business, profession, trade, occupation or calling in any other locality shall be deductible from the base in computing any local license tax measured by volume imposed upon the licensee in the county. "Volume," as used in this section, means gross receipts, sales, purchases, or other base for measuring a license tax which is related to the amount of business done. 2. That this ordinance shall be effective on and from July 1, 1998. g:\...\vlh\commrev\bpo1.98 4 ti ii ~ 1 .,.. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, FEBRUARY 10, 1998 ORDINANCE 021098-12 AUTHORIZING THE VACATION OF A 5 FOOT PORTION OF A SANITARY SEWER AND DRAINAGE EASEMENT LOCATED ON LOT 8, NOTTINGHAM PARK, PLAT BOOK 17, PAGE 124, (ALSO KNOWN AS LOT 8A, NOTTINGHAM PARK, PLAT BOOK 20, PAGE 77) IN THE WINDSOR HILLS MAGISTERIAL DISTRICT WHEREAS, by subdivision plat entitled "SURVEY OF NOTTINGHAM PARK", recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Plat Book 17, page 124, Triangle Developers, Inc. dedicated certain public easements, including a 30' sanitary sewer and drainage easement along the property line of Lots 7 and 8; and, WHEREAS, by resubdivision plat entitled "RESUBDIVISION PLAT FOR TRIANGLE DEVELOPERS, INC.", recorded in the aforesaid Clerk's Office in Plat Book 20, page 77, the property lines were adjusted and the northern half of the subject easement is now located on the lot designated as Lot 8A, Nottingham Park; and, WHEREAS, the petitioner, Triangle Developers, Inc., is the owner of Lot 8A (formerly Lot 8), Nottingham Park; and, WHEREAS, a recent survey of said property reflects that a new residential dwelling located thereon encroaches upon the north side of the existing 30' sanitary sewer and drainage easement; and, WHEREAS, by deed of easement dated October 6, 1997, the Petitioner granted an additional 5' sanitary sewer and drainage easement along the south side of the existing 30' sanitary sewer and drainage easement on Lot 7, Nottingham Park, resulting in a 35' easement and said easement was accepted by the Roanoke County Board of Supervisors on December 2, 1997; and, WHEREAS, the petitioner has requested that the 5' portion of the sanitary sewer and drainage easement on the north side of the existing 35' sanitary sewer and drainage easement be vacated by the Board of Supervisors of Roanoke County, Virginia, pursuant to Section 15.2-2272.2 of the Code of Virginia (1950, as amended), which requires that such action be accomplished by the adoption of an ordinance by the governing body; and, WHEREAS, notice has been given as required by Section 15.2-2204 of the Code of Virginia (1950, as amended), and a first reading of this ordinance was held on January 13, 1998; the public hearing and second reading of this ordinance was held on February 10, 1998. THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the northerly 5' portion of the existing sanitary sewer and drainage easement along the southern property line of Lot 8 (now Lot 8A), Nottingham Park, in the Windsor Hills Magisterial District of the County of Roanoke, Virginia, as shown on the subdivision plat entitled "SURVEY OF NOTTINGHAM PARK", recorded in the aforesaid Clerk's Office in Plat Book 17, page 124, also being on Lot 8A, Nottingham Park as shown on the resubdivision plat of record in Plat Book 20, page 77, and further shown as "5 FT. D.E. & S.S.E. TO BE VACATED" on the Exhibit attached hereto, be, and hereby is, vacated pursuant to Section 15.2-2272 of the Code of Virginia (1950, as amended); and, 2. That, as a condition to the adoption of this ordinance, all costs and expenses associated herewith, including but not limited to publication, survey and recordation costs, 2 shall be the responsibility of the petitioner, Triangle Developers, Inc., or their successors or assigns; and, 3. That this ordinance shall be effective on and from the date of its adoption, and a certified copy of this ordinance shall be recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in accordance with Section 15.2-2272.2 of the Code of Virginia (1950, as amended). On motion of Supervisor McNamara to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None A COPY TESTE: 3~• Mary H. Allen, CMC Clerk to the Board of Supervisors cc: File Arnold Covey, Director, Engineering & Inspections Gary Robertson, Director, Utility Vickie Huffman, Assistant County Attorney 3 ~, c DR ' x!456 `A• ~^~~o°~~~~ve~ `~7 ~'_2 ~..-. ~y-~t'~g~ ~ i CAN•Z`~ :GIFt. p4• v .O~~O ~ r?~w~ 4+4 o L~ 4 rDtF SCDTFORD~CT~T~ V:l ~'.INI~T Y ,1~IA.~'` ~r' ~ 1 rnl ~„-~ :. ,~~ ~-~i ND.R TH - - ~ ~ z , ..~--- 'UTiL~tTY ESM'T, ,CoT /'~~~ ~' ~SG.88 - D•E. -DRAINAGE 7' . 3 ,~ r S7 i~f~o' En ~ A~ sE M ~" i~1 T A r P4Fy.3 B~ ,~,t..~ e'p F "~ ~ sAN 1TArzy J11 ~ ~ . w 'ate, °OO N o f ti ~ L N +~ ~9 ~ ~ ~~~~ ~ Lt?7' .~h .. T'AC~TEj~ TO BE ~-'~_ ~ 30. 5 FT _ i v -~ DIs'DICdTlsD 12 D2/9ry TO ,[~ j +7 p~ ACRE r~~ ~8~ 07' 1 a '' _.._N ~ •25 X57 a ~ n, ~O for ,~ 3 ,car t : ~m~ ~ ~ •l ~ ~ ,~ ROANOKE COUNTY REQUEST TO VACATE A 5 FOOT PORTION OF A SANITARY ENGINEERING & SEWER AND DRAINAGE EASEMENT LOCATED ON THE SUBDIVISION PLAT OF NOTTINGHAM PARK IN WINDSOR INSPECTIONS DEPARTMENT HILLS MAGISTERIAL DISTRICT %Dy 76.3 ACTION # ITEM NUMBER ~7 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: February 10, 1998 AGENDA ITEM: Request to vacate a 5-foot portion of a sanitary sewer and drainage easement located on Lot 8A (tax map #76.03-10-8), and shown on the subdivision plat of Nottingham Park as recorded in Plat Book 17, Page 124, and located in Windsor Hills Magisterial District, as shown on attached map. COUNTY ADMINISTRATOR'S COMMENTS: EXECUTIVE SUMMARY: The petitioner, Triangle Developers, Incorporated, is requesting that the Board of Supervisors vacate a 5-foot portion of a 35-foot sanitary sewer and drainage easement. BACKGROUND: The petitioner, Triangle Developers, Incorporated, is the owner of Lot 8A, Nottingham Park, recorded in Plat Book 17, Page 124, and located in the Windsor Hills Magisterial District. The partial easement vacation is necessary because the petitioner inadvertently constructed a residence that protruded approximately 3.5 feet into the existing easement. At the December 2, 1997 meeting of the Board of Supervisors, the Board approved the petitioner's donation of an additional 5 feet of sanitary sewer and drainage easement that compensated for the encroachment into the existing easement. 1 ~"'` SUMMARY OF INFORMATION: Triangle Developers, Incorporated, the owner of Lot 8A, Nottingham Park Subdivision, recorded in Plat Book 17, Page 124, requests that the Board of Supervisors vacate a 5-foot portion of sanitary sewer and drainage easement as shown on the attached map. County staff received no objections to the vacation from the applicable County departments. Therefore, Roanoke County is requesting that the 5-foot portion of the sanitary sewer and drainage easement be vacated in accordance with Chapter 22, Title 15.2-2272 (2), Code of Virginia 1950. A first reading of the proposed Ordinance was held on January 13, 1998. A second reading and public hearing is scheduled for February 10, 1998. STAFF RECOMMENDATION: County staff recommends that the Board of Supervisors adopt the proposed Ordinance to vacate a 5-foot portion of the sanitary sewer and drainage easement and instruct the County Attorney to prepare the necessary ordinance. BMITTED BY: ArrSoTd Covey, D~ecfor of Engineering & Inspec ons Approved ( ) Denied ( ) Received ( ) Referred ( ) To ( ) ACTION Motion by: pc: Paul Mahoney, County Attorney APPROVED BY: Elmer C. Hodge County Administrator VOTE No Yes Abs Harrison Johnson McNamara Minnix Nickens 2 LCTT' '~ ~ ~ / t -. ~ L 8i 'UTILITY ESM'T. ~o~ ~'~ ~ ~ ' /g0.8 3 ~~~ ~ D.E. -DRAINAGE. •••--~~~s73~ 7'Q f ~,T • ~P~SEM~NT _ipyFa.~e' ~,~a.~o' g` cR\_ ..~~ E/t ~ S.S. - n ~". '~n~ m _ 0 SAN ITAR .. / ,' y°x~ r/ / • o ~-, ' ~, SEWER ESM`T. '?~ -~`'~..._.-~- ~ A ~Ood°N of M ~~P G -~ up~~ti 1 ti ~ ti A ~ f~ . . !~ ~~ 5 FT D ~, ,W~ VAC.q E ~~ ~p~ r~, Ptr~ o~~~, ~c t 4 \3 ~ ~e r f ~ ~,ry'd~,o. ~ d~ i. DBDICATE'D !2 02/97 Tn u ~~ ~ nor 3 / ~ ~i ~ m ,O 0 ~~ ROANOKE COUNTY REQUEST TO VACATE A 5 FOOT PORTION OF A SANITARY ENGINEERING & SEWER AND DRAINAGE EASEMENT LOCATED ON THE SUBDIVISION PLAT OF NOTTINGHAM PARK IN WINDSOR INSPECTIONS DEPARTII?ENT HILLS MAGISTERIAL DISTRICT 3 ~o~ ~. .~ N ~ ~ ao. 1 , ~~ ~ G` ~~`~ C°C~,Q~. l ~~' ~~ ~~ ~ ~~ ~ ~~ a~~ \ S ACRE 1 /85:07' '''/V SG '25'SrJ a ~ /dY 76•G'3 ~, d` ~`~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, FEBRUARY 10, 1998 ORDINANCE AUTHORIZING THE VACATION OF A 5 FOOT PORTION OF A SANITARY SEWER AND DRAINAGE EASEMENT LOCATED ON LOT 8, NOTTINGHAM PARK, PLAT BOOK 17, PAGE 124, (ALSO KNOWN AS LOT 8A, NOTTINGHAM PARK, PLAT BOOK 20, PAGE 77) IN THE WINDSOR HILLS MAGISTERIAL DISTRICT WHEREAS, by subdivision plat entitled "SURVEY OF NOTTINGHAM PARK", recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Plat Book 17, page 124, Triangle Developers, Inc. dedicated certain public easements, including a 30' sanitary sewer and drainage easement along the property line of Lots 7 and 8; and, WHEREAS, by resubdivision plat entitled "RESUBDIVISION PLAT FOR TRIANGLE DEVELOPERS, INC.", recorded in the aforesaid Clerk's Office in Plat Book 20, page 77, the property lines were adjusted and the northern half of the subject easement is now located on the lot designated as Lot 8A, Nottingham Park; and, WHEREAS, the petitioner, Triangle Developers, Inc., is the owner of Lot 8A (formerly Lot 8), Nottingham Park; and, WHEREAS, a recent survey of said property reflects that a new residential dwelling located thereon encroaches upon the north side of the existing 30' sanitary sewer and drainage easement; and, WHEREAS, by deed of easement dated October 6, 1997, the Petitioner granted an additional 5' sanitary sewer and drainage easement along the south side of the existing 30' sanitary sewer and drainage easement on Lot 7, Nottingham Park, resulting in a 35' easement and said easement was accepted by the Roanoke County Board of Supervisors on December 2, 1997; and, tt,- y WHEREAS, the petitioner has requested that the 5' portion of the sanitary sewer and drainage easement on the north side of the existing 35' sanitary sewer and drainage easement be vacated by the Board of Supervisors of Roanoke County, Virginia, pursuant to Section 15.2-2272.2 of the Code of Virginia (1950, as amended), which requires that such action be accomplished by the adoption of an ordinance by the governing body; and, WHEREAS, notice has been given as required by Section 15.2-2204 of the Code of Virginia (1950, as amended), and a first reading of this ordinance was held on January 13, 1998; the public hearing and second reading of this ordinance was held on February 10, 1998. THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the northerly 5' portion of the existing sanitary sewer and drainage easement along the southern property line of Lot 8 (now Lot 8A), Nottingham Park, in the Windsor Hills Magisterial District of the County of Roanoke, Virginia, as shown on the subdivision plat entitled "SURVEY OF NOTTINGHAM PARK", recorded in the aforesaid Clerk's Office in Plat Book 17, page 124, also being on Lot 8A, Nottingham Park as shown on the resubdivision plat of record in Plat Book 20, page 77, and further shown as "5 FT. D.E. & S.S.E. TO BE VACATED" on the Exhibit attached hereto, be, and hereby is, vacated pursuant to Section 15.2-2272 of the Code of Virginia (1950, as amended); and, 2. That, as a condition to the adoption of this ordinance, all costs and expenses associated herewith, including but not limited to publication, survey and recordation costs, 2 shall be the responsibility of the petitioner, Triangle Developers, Inc., or their successors or assigns; and, 3. That this ordinance shall be effective on and from the date of its adoption, and a certified copy of this ordinance shall be recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in accordance with Section 15.2-2272.2 of the Code of Virginia (1950, as amended). c:\wp51 \doc\agenda\esm ts.w&s\nottham.ord 3 ~ • ~ ",.`~ ~` -,~"° AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, FEBRUARY 10, 1998 ORDINANCE 1Q 02 98-13 AUTHORIZING THE VACATION OF A PORTION OF A 20-FOOT DRAINAGE EASEMENT SHOWN ON THE REMAINING PROPERTY OF THE A. D. STRUBLER HEIRS, RECORDED IN PLAT BOOK 16, PAGE 128, AND FURTHER SHOWN ON LOTS 1 AND 23, SECTION 2, PLANTATION GROVE, AND ALONG A PORTION OF THE RIGHT OF WAY FOR CARTER GROVE LANE IN PLAT BOOK 19, PAGE 175, IN THE HOLLINS MAGISTERIAL DISTRICT WHEREAS, by subdivision plat entitled "Survey for Plantation Grove", dated September 14, 1993, and recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Plat Book 16, page 128, the A. D. Strubler heirs dedicated certain public easements, including a 20-foot drainage easement located on their remaining property; and, WHEREAS, upon subdivision of the remaining property, a portion of said 20-foot drainage easement was located on Lots 1 and 23, Section 2, Plantation Grove, and across a portion of Carter Grove Lane, as shown in Plat Book 19, page 175; and, WHEREAS, the drainage plan for the Plantation Grove Subdivision has been altered from its original design, and the easement previously created is unnecessary; and, WHEREAS, the petitioners, Michael L. and Crystal L. LaBrie, and DVW, Incorporated, are the current owners of Lot 1 (Tax Map No. 40.13-5-2) and Lot 23 (Tax Map No. 40.13-5-9), respectively; and, WHEREAS, the petitioners have requested that a portion of the 20-foot drainage easement be vacated by the Board of Supervisors of Roanoke County, Virginia, pursuant to Section 15.2-2272.2 of the Code of Virginia (1950, as amended), which requires that such action be accomplished by the adoption of an ordinance by the governing body; and, WHEREAS, notice has been given as required by Section 15.2-2204 of the Code of Virginia (1950, as amended), and a first reading of this ordinance was held on January 13, 1998; the public hearing and second reading of this ordinance was held on February 10, 1998. THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That a portion of the "EXIST. 20' D.E. (P.B. 16 PG. 128)", being twenty feet (20') in width, located along Lots 1 and 23, and Carter Grove Lane, Section 2, Plantation Grove, in the Hollins Magisterial District of the County of Roanoke, Virginia, as shown on the subdivision plat entitled "Survey for Plantation Grove, Section 2", dated February 4, 1997, and recorded in the aforesaid Clerk's Office in Plat Book 19, page 175, and having been dedicated and shown as "20' D.E." on the remaining property of the A. D. Strubler Heirs on plat entitled "Survey for Plantation Grove" recorded as aforesaid in Plat Book 16, page 128, and being specifically shown as "Easement to be vacated" on the Exhibit attached hereto, be, and hereby is, vacated pursuant to Section 15.2-2272.2 of the Code of Virginia, (1950, as amended); and, 2. That, as a condition to the adoption of this ordinance, all costs and expenses associated herewith, including but not limited to publication, survey and recordation costs, shall be the responsibility of the petitioners, Michael L. and Crystal L. LaBrie and DVW, Incorporation, or their successors or assigns; and, 3. That this ordinance shall be effective on and from the date of its adoption, and a certified copy of this ordinance shall be recorded in the Clerk's Office of the Circuit 2 Court of Roanoke County, Virginia, in accordance with Section 15.2-2272.2 of the Code of Virginia (1950, as amended). On motion of Supervisor Johnson to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None A COPY TESTE: ~• Mary H. Allen, CMC Clerk to the Board of Supervisors cc: File Arnold Covey, Director, Engineering & Inspections Vickie Huffman, Assistant County Attorney 3 P . ~~W.. ~ ~ C,~ '0~ 0 ~ 8 ~ e Rt. ~2Z0 y4 ~ ~ b ~~ 7 ~ ~ (~ Ax a tizZ~ ~y c a Jc°c'y SQC w2~ o-3 a ~Py o s ~ ~< d'~ S~ ¢t 3 ~} RY'649 ° ~~pY Grove ~ldm Ct \`0C 3 Ct ~ P ~ ro- Rt147~ G L`t VICINITY MAP 7.5' ~~ ~ ~ O • p1 ~~ 2ti ~~ ~S• Request to Vacate 20 foot drainage easement Recorded tin Plat Book 16, Page 128 .:;~ Plantation Grove - Section 1 :~::~:\" ~'~j Located on Lot i (Tao Parcel: 40.13-5-2) & "•'•'~•'~~~ Lot 23 (Tam Parcel: 40.13-5-9) & ?:.;: ~;\" Crossing new rtight of way (Carter Grove Ln) ~;;:;.~ Plantation Grove -Section 2 ~ Recorded tin ~~:~:~:`.~. ~~ Plat Book 19, Page f75 0 ~"°~ s9 `~ Sl, F Lot 23 `~::;~:`: 's9- Lot 22 "ate ~v O ~~ ~~ w ~~ ~~" ~."° Eascm,e~r~,t to x ~:::.~::• °° •~~`~~~`~~~~~ IS be vacated 7 6 g1. F Lot 2 ~-- 60.00' S 46°21'01" W 29.98' \J 11°30'20" E ROANOI~E COUNTY ENGINEERING & INSPECTIONS DEPARTMENT Regruest to Vacate ,ZO foot drainage easement Recorded tin Plat Book 16, Page >28 Plantation Grove -Section 1 •::•: ~ o. ~":(•:i:i•. p ~•: ~::•:1 ~e Lot 1 ~:~:~:~:•'.~. ssa \;~:~:;~::~ F` ,. 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: February 10, 1998 AGENDA ITEM: Request to vacate a 20-foot drainage easement recorded in Plat Book 16, Page 128 and located on Lot 1 (tax map #40.13-5-2), a portion of the right of way for Carter Grove Lane, and Lot 23 (tax #40.13-5-9), Section 2, Plantation Grove as recorded in Plat Book 19, Page 175 and located in the Hollins Magisterial District (shown on attached map). COUNTY ADMINISTRATOR'S COMMENTS: EXECUTIVE SUMMARY: ~ ~~ The petitioners, Mr. Mike LaBrie and DVW Incorporated, the developer of Plantation Grove Subdivision, request that the Board of Supervisors vacate the 20- foot drainage easement. SUMMARY OF INFORMATION: Mr. Mike LaBrie is the owner of Lot 1 and DVW Incorporated is the owner of Lot 23, Section 2, Plantation Grove, Plat Book 19, Page 175, located in the Hollins Magisterial District. They are requesting that the Board of Supervisors vacate a 20- foot drainage easement no longer needed because the drainage plan for the Plantation Grove Subdivision has been altered from its original design and drainage facilities are no longer required. This vacation will allow the owners flexibility in the location of the new residence to be constructed on Lot 1. County staff received no objections to the vacation from the applicable County departments. Therefore, Roanoke County is requesting that the described drainage easement be vacated in accordance with Chapter 22, Title 15.2-2272 (2), Code of Virginia 1950, as amended. 1 ~ ~ . SUMMARY OF INFORMATION: (continued) A first reading of the proposed Ordinance was held on January 13, 1998. A second reading and public hearing is scheduled for February 10, 1998. STAFF RECOMMENDATION: County staff recommends that the Board of Supervisors adopt the proposed Ordinance to vacate the referenced drainage easement and instruct the County Attorney to prepare the necessary ordinance. D BY: Arnold Covey, Director of Engineering & Inspections APPROVED BY: Elmer C. Hodge County Administrator ACTION VOTE Approved () Motion by: Denied O ~ McNamarra Received () Harrison Referred Johnson To Minnix Nickens pc: Paul Mahoney, County Attorney No Yes Abs 2 .~ ? , w W. S ~'' ~ Po~ _ ~ ~ ~ ~Y0 Rt. ~2~~ y~ t!., R 7 ~ ~ a m tiZZ~ v x r n o- e ~ ~~~'> 2A Qa '~a ~ a S SQ ,2 Y p~ w t $` A Zz ~~f a c3 Rr~ o' c g ~~pY GfOV! po~'^ ~t ``0 j ~ ~ p,,.ie~ ro- Rt.ia72 t L r`` VI CI1VI T Y MAP f 7.5' . .....~ 2 \~:::;:: \. ~ ~~:~:~ ~ ~:~:~:\• J' Lot 23 `~:~:;~> 0 ~ A"° S`59 ~~sl° Lot 22 '~,,C' ~~ ~O ¢~" w ~~ i ~ S6 ~? ~~, 6 gl. F Lot 2 5' ~ 60.00' S 46°21'01" W ~.~ 29.98' \S 11°30'20" E ROANOKE COUNTY ENGINEERING & IN5PECTIONS DEPARTMENT Request to Vacate 20 foot drainage easement Recorded in Plat Book 16, Page 128 Plantattion Grove - Sectaon 1 Located on Lot i {Tax Parcel: 40.13-5-2) & Lot 23 (Taa Parcel: 40. i3-5-9) 8r Crossing new right of way (Carter Grove Ln) ~,n Plantattion Grove - Secttion 2 Recorded in Plat Book 19, Page 17S ~~::.~::;. S° ~~~ ~.:;;~;:~:~. °- Easement t~ ~`~~~~~~`~`~~~ js° b e vacate d x \~~:.~:: •O Request to Vacate 20 foot drainage easement Recorded tin Plat Book 16, Page 128 Plantattion Grove - Sect~.on 1 Lat 1 ~:::::.'~ Sin `~;;~:;~:1 F` ~:~ ~:~ ~~~ AT A REGULAR. MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, FEBRUARY 10, 1998 ORDINANCE AUTHORIZING THE VACATION OF A PORTION OF A 20-FOOT DRAINAGE EASEMENT SHOWN ON THE REMAINING PROPERTY OF THE A. D. STRUBLER HEIRS, RECORDED IN PLAT BOOK 16, PAGE 128, AND FURTHER SHOWN ON LOTS 1 AND 23, SECTION 2, PLANTATION GROVE, AND ALONG A PORTION OF THE RIGHT OF WAY FOR CARTER GROVE LANE IN PLAT BOOK 19, PAGE 175, IN THE HOLLINS MAGISTERIAL DISTRICT WHEREAS, by subdivision plat entitled "Survey for Plantation Grove", dated September 14, 1993, and recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Plat Book 16, page 128, the A. D. Strubler heirs dedicated certain public easements, including a 20-foot drainage easement located on their remaining property; and, WHEREAS, upon subdivision of the remaining property, a portion of said 20-foot drainage easement was located on Lots 1 and 23, Section 2, Plantation Grove, and across a portion of Carter Grove Lane, as shown in Plat Book 19, page 175; and, WHEREAS, the drainage plan for the Plantation Grove Subdivision has been altered from its original design, and the easement previously created is unnecessary; and, WHEREAS, the petitioners, Michael L. and Crystal L. LaBrie, and DVW, Incorporated, are the current owners of Lot 1 (Tax Map No. 40.13-5-2) and Lot 23 (Tax Map No. 40.13-5-9), respectively; and, WHEREAS, the petitioners have requested that a portion of the 20-foot drainage easement be vacated by the Board of Supervisors of Roanoke County, Virginia, pursuant "` to Section 15.2-2272.2 of the Code of Virginia (1950, as amended), which requires that such action be accomplished by the adoption of an ordinance by the governing body; and, WHEREAS, notice has been given as required by Section 15.2-2204 of the Code of Virginia (1950, as amended), and a first reading of this ordinance was held on January 13, 1998; the public hearing and second reading of this ordinance was held on February 10, 1998. THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That a portion of the "EXIST. 20' D.E. (P.B. 16 PG. 128)", being twenty feet (20') in width, located along Lots 1 and 23, and Carter Grove Lane, Section 2, Plantation Grove, in the Hollins Magisterial District of the County of Roanoke, Virginia, as shown on the subdivision plat entitled "Survey for Plantation Grove, Section 2", dated February 4, 1997, and recorded in the aforesaid Clerk's Office in Plat Book 19, page 175, and having been dedicated and shown as " 20' D.E." on the remaining property of the A. D. Strubler Heirs on plat entitled "Survey for Plantation Grove" recorded as aforesaid in Plat Book 16, page 128, and being specifically shown as "Easement to be vacated" on the Exhibit attached hereto, be, and hereby is, vacated pursuant to Section 15.2-2272.2 of the Code of Virginia, (1950, as amended); and, 2. That, as a condition to the adoption of this ordinance, all costs and expenses associated herewith, including but not limited to publication, survey and recordation costs, shall be the responsibility of the petitioners, Michael L. and Crystal L. LaBrie and DVW, Incorporation, or their successors or assigns; and, 2 r~ 3. That this ordinance shall be effective on and from the date of its adoption, and a certified copy of this ordinance shall be recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in accordance with Section 15.2-2272.2 of the Code of Virginia (1950, as amended). c:\wp51\doc\agenda\drainage\plantat.ord AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, FEBRUARY 10, 1998 ORDINANCE 021098-14 VACATING AND CLOSING AN UNIMPROVED AND UNUSED RIGHT-OF WAY KNOWN AS CHAMP DRIVE IN PENN FOREST SUBDIVISION SHOWN IN PLAT BOOK 5, PAGE 82. WHEREAS, the Petitioner, Buck Mountain Land Development, L.L.C., is the owner of one of the parcels of land adjacent to Champ Drive, shown as "Remaining Property of Tract B" on that certain 'Plat Showing Subdivision of a Portion of Penn Forest' recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Plat Book 6, Page 77, said parcel being designated on the Roanoke County Land Records as Tax Map #87.10-8-6; and, WHEREAS, the Petitioner has requested that the Board of Supervisors of Roanoke County, Virginia, vacate and close Champ Drive, which is an unimproved, unused right-of- way, measuring fifty feet (50') in width and approximately two hundred ninety feet (290') in length, extending from Chaparral Drive to Kenwick Trail, being shown and dedicated on plats of Penn Forest Subdivision, recorded in the aforesaid Clerk's Office in Plat Book 5, Page 82, and Plat Book 6, Page 77; and, WHEREAS, §15.2-2272.2 of the Code of Virginia (1950, as amended) requires that such action be accomplished by the adoption of an ordinance by the governing body; and, WHEREAS, notice has been given as required by §15.2-2204 of the Code of Virginia (1950, as amended), and the first reading of this ordinance was held on January 13, 1998; the public hearing and second reading of this ordinance was held on February 10, 1998. NOW THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That an unimproved portion of right-of-way, situate in the Cave Spring Magisterial District and known as Champ Drive, being approximately 50' in width and 290' in length, extending from Chaparral Drive to Kenwick Trail, as shown on plats of Penn Forest Subdivision, recorded in the aforesaid Clerk's Office in Plat Book 5, Page 82, be, and hereby is, vacated and closed pursuant to Section 15.2-2272 of the Code of Virginia (1950, as amended), subject to the following conditions: a. That a perpetual drainage easement, fifty feet (50') in width, and extending northwesterly from Chaparral Drive through Champ Drive a distance of 145' to connect with the existing 20' drainage easement through Lots 1 and 2, Block 6, Penn Forest, Section 1, on plat recorded in Plat Book 5, Page 82, to construct, install, improve, operate, inspect, use, maintain, remove, monitor, repair or replace present or future drainage courses, ditches, lines, pipes, facilities, and other necessary or related structures, appurtenances and improvements, for management, collection, transmission and distribution of any form of drainage, including but not limited to stormwater drainage, together with the right of ingress and egress thereto from a public road, is hereby reserved and retained. The location of said easement is shown cross-hatched and designated as "50' DEDICATED D. E." on the map entitled 'Vacating of 50' Right Of Way Known As Champ Drive And Retaining A 50' Dedicated Drainage Easement' attached hereto and made a part hereof. b. That fee simple title to the centerline of Champ Drive shall vest in the owners of the abutting properties as provided in §15.2-2274 of the Code of Virginia (1950, as amended), subject to the above-described drainage easement and subject to the condition that the vacated area of land shall be added and combined, by deed or by plat, to said abutting properties, in compliance with the Roanoke County Subdivision and Zoning Ordinances, and other applicable laws and regulations. 2 c. That all costs and expenses associated herewith, including but not limited to publication, survey and recordation costs, shall be the responsibility of the Petitioner; and, 2. That the County Administrator, an Assistant County Administrator, or any County Subdivision Agent is hereby authorized to execute such documents and take such actions as may be necessary to accomplish the provisions of this ordinance, all of which shall be on form approved by the County Attorney. 3. That this ordinance shall be effective on and from the date of its adoption, and a certified copy of this ordinance shall be recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in accordance with §15.2-2272.2 of the Code of Virginia (1950, as amended). On motion of Supervisor Minnix to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None A COPY TESTE: y Mary H. Allen, CMC Clerk to the Board of Supervisors cc: File Arnold Covey, Director, Engineering & Inspections Vickie Huffman, Assistant County Attorney 3 C ~ ~v o L ~ i,. e~ M O ~ ,p ~ 1 ~P . „ ~ ~ is.:"~La~G d9tr ~a_~ h~ m4~ ~`~ 14ti3 ~?7 _~~_ '~~~_7ve .c: k '. ~. 9~yy''`VI CINI ~' ~ +~1IA.P~ i`%~l. _~_ ~`,,. !~. ~ ati= I, Q .f • » b ~ ~ t1 3 . ~ ~ ~ ~}g ` `~ ti' ~ jg ?JJO ~ eti ~i` ,L i0 i }a4 ,~ ` d ,ya ~ J B d+ ~ Yt ~~ '"' g h2 ~ 2 ~~ ~~ X99 ~ ~ SO , !P ~O ~a. h ti ~~ T< ~, y tr+ ~'' ~ o ,a 3 6p r ds ~ SA 6 x Z u ~ '1r bi . ~ . ~~ ,~ 9 13 .~,, ~' ~, ~ ^ h~„e CHAMP DRIVE ... .~ a t 3 ~ TO BEVACATED ~yo r~.r , '+6 +A 3i a2 !2 ~ 9 m ~ 3~~I ~ mac, 8, ~ ~~ '4 ~ " 2..•.9Ac ''9 - Ji01 ~ s 53 ~ Z` ~~ / ' k dSr9 S31j 19 yx 9~ ~ ~ ~ - Rt• t530 ./ ~ 5Q' DEDICATED D.E. 7'1 q1 ' * -~dp ~ ~ 7 3 h ~~ ~ , , G: 4 !Z 's h~ ~ 'i JJ w` 1 M rs > > •( b ~ ~SOo / ~ ~ . 7.4 ~b h` 7.1 ~La a7 ItTa~ h ~c ~ • op `x3.r ,,r ~° a '~ 13 " '~ v'r s'~ b n n ,~~ ~ - ~ a y 0 a ajar ~ a5 as jy~ ~ ~ i r 141 At =exa jS3Q ;~ ~ 7.6 r6 ! 1 ~ ~ f's 1 _ 4ti ° r. o a •a ~ -~- ' as rs~ ,aa - ~'~O as r i .w le+h raa' } °~w 4 j ~a ~'a'16 rp' ~ r3jue'h~ l zy ~ w 3 v ~ o ! ^ s 29T Z E Fh! Faa81 Cc+dom+nium 19 ray r, a ^ ? See MaG 8710 S. I 4 1.60Ac i 1<69 '~~ ~~~ .7<de 4 1.29Ac f378 i~ ~, ROANOKE COUNTY VACATING OF 50' RIGHT OF WAY KNOWN AS ENGINEERING &' CHAMP DRIVE AND RETAINING A 50' DEDICATED INSPECTIONS DEPARTMENT DRAINAGE EASEMENT ,, 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: February 10, 1998 AGENDA ITEM: Request to vacate a 50-foot unimproved right-of-way referred to as Champ Drive, as recorded in Plat Book 5, Page 82, located in the Cave Spring Magisterial District. COUNTY ADMINISTRATOR'S COMMENTS: D EXECUTIVE SUMMARY: Staff is recommending that Champ Drive, an unimproved right-of-way, be vacated on the condition that a drainage easement be retained through part of the original right-of-way. The drainage easement will cover the entire 50-foot width of the current right-of-way and extend 145 feet from Chaparral Drive. Once the Champ Drive right-of-way is vacated, the property will be divided evenly and combined with the property adjacent to both sides of the former right-of-way, per the requirements of Title 15.2, Chapter 22, Code of Virginia, 1950 (as amended) as cited in Section 15.2-2272(2). BACKGROUND: The petitioner, Mr. Don Dye of Buck Mountain Land Development, L.L.C., is the owner of the unimproved parcel adjacent to Champ Drive, which parcel is more particularly described as Fralin & Waldron property, recorded in Plat Book 6, Page 77 and located in the Cave Spring Magisterial District. The petitioner desires to vacate the unimproved portion of Champ Drive, which is 50 feet in width, and approximately 290 feet in length, as shown on the attached map and recorded in Plat Book 5, Page 82 and Plat Book 6, Page 77. Once this right-of- way is vacated, the property will be divided evenly and combined with the property adjacent to both sides of the former right-of-way, as per the requirements of Title 15.2, Chapter 22, Code of Virginia, 1950 (as amended) as cited in Section 15.2274. 1 ~.I SUMMARY OF INFORMATION: Roanoke County supports this vacation because this section of Champ Drive provides no service. All adjoining properties are provided access from either Kenwick Trail or Chaparral Drive. Although County staff has received no objections, the Engineering and Inspections Department has requested that a portion of the right-of-way be retained as a drainage easement. Therefore, Roanoke County requests that the described right-of--way be vacated in accordance with Chapter 22, Title 15.2-2272(2), Code of Virginia 1950, as amended and a drainage easement, covering the entire 50-foot width of the current right-of-way and extending 145 feet from Chaparral Drive be retained. A first reading of the proposed Ordinance was held on January 13, 1998. A second reading and public hearing is scheduled for February 10, 1998. STAFF RECOMMENDATION: County staff recommends that the Board of Supervisors approve the first reading of the ordinance to vacate the referenced right-of-way while maintaining the above- described drainage easement and instruct the County Attorney to prepare the necessary ordinance. ITTED BY: A'rRetd Covey, Dir~tor -- of Engineering & Inspections APPROVED BY: Elmer C. Hodge County Administrator ACTION Approved ( ) Denied ( ) Received ( ) Referred to Motion by: pc: Paul Mahoney, County Attorney VOTE No Yes Abs. Harrison Johnson McNamara Minnix Nickens 2 r _ `n. ,~ ~~. 1 ~~ ~° ~y14 r ~~ ~ +~ ti~ / J ~ ~ .~6 °y r~ ~ °1 / ~~ o $~ ~~ 3 ° ~~ 7 17 ~'~~ 7 ~"b ~ N ~~ +'`rJ y+ ~ ti Z / 4 C a 1 J za 2 ~p o s 5 ~ fi r ~- ~ / ~ ~°0 3 ,~ti 1, / , ~~ e y ~" 9 13 .~.; r ~'yi~ ~, /~'~ ^ h,.e CHAMP DRIVE ,~ a TO BE -VACATED rz ~ .. _ ~~. a ~° Z! Qe / t o f f i ~~ I I a SA13 c~`o~ .y'f ~a~a ' 6 '~ 10 ~ po~ti ,fie @ 31/! SSl3 ~ /' ' ''~ t~ a 191x 9~ ~ I 1ppK . • ' n Y. Yd J J ~ 6' ~/ ~ ~ 7.] 1 ~_ ,.,~•-RF-t53~ 5Q' DEDICATED D.E. °~~ Jsa 4 7~ ~ O F /9 0 rrp a3 ^ ~ r ~r ~~~~ ~ .e9 ~°Z.Si {2 's.73 d' . x 7 N $ ' ~ ~h ~~ ~ 5~6 7.! 74 ~ ~ ~x..r +~r ffa ~h • ~ ~xasr •a~ h toy ; ° f3 ~ '~ Vr xex° 3536 Y /c ` 1 e $ t5 yti ° r.o u !3A 1.62 7 ~Q °.~' j + ~ y ~~ t31 61 /' ~ 1 i39~ .!h n 9 2 ~ o I6 r9 ^ ?973 Fhe Fa ~~,.~ r See IS 78 i J• ~•h•..•~ l~'^ ROANOKE COUNTY VACATING OF 50 ` RIGHT OF WAY KNOWN AS ENGINEERING & CHAMP DRIVE AND RETAINING A 50' DEDICATED ItVSPECTI0N5 DEPARTMENT DRAINAGE EASEMENT ail. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, FEBRUARY 10, 1998 ORDINANCE VACATING AND CLOSING AN UNIMPROVED AND UNUSED RIGHT-OF-WAY KNOWN AS CHAMP DRIVE IN PENN FOREST SUBDIVISION SHOWN IN PLAT BOOK 5, PAGE 82. WHEREAS, the Petitioner, Buck Mountain Land Development, L.L.C., is the owner of one of the parcels of land adjacent to Champ Drive, shown as "Remaining Property of Tract B" on that certain 'Plat Showing Subdivision of a Portion of Penn Forest' recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Plat Book 6, Page 77, said parcel being designated on the Roanoke County Land Records as Tax Map #87.10-8-6; and, WHEREAS, the Petitioner has requested that the Board of Supervisors of Roanoke County, Virginia, vacate and close Champ Drive, which is an unimproved, unused right-of- way, measuring fifty feet (50') in width and approximately two hundred ninety feet (290') in length, extending from Chaparral Drive to Kenwick Trail, being shown and dedicated on plats of Penn Forest Subdivision, recorded in the aforesaid Clerk's Office in Plat Book 5, Page 82, and Plat Book 6, Page 77; and, WHEREAS, §15.2-2272.2 of the Code of Virginia (1950, as amended) requires that such action be accomplished by the adoption of an ordinance by the governing body; and, WHEREAS, notice has been given as required by §15.2-2204 of the Code of Virginia (1950, as amended), and the first reading of this ordinance was held on January 13, 1998; the public hearing and second reading of this ordinance was held on February 10, 1998. NOW THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: Gl-4 1. That an unimproved portion of right-of-way, situate in the Cave Spring Magisterial District and known as Champ Drive, being approximately 50' in width and 290' in length, extending from Chaparral Drive to Kenwick Trail, as shown on plats of Penn Forest Subdivision, recorded in the aforesaid Clerk's Office in Plat Book 5, Page 82, be, and hereby is, vacated and closed pursuant to Section 15.2-2272 of the Code of Virginia (1950, as amended), subject to the following conditions: a. That a perpetual drainage easement, fifty feet (50') in width, and extending northwesterly from Chaparral Drive through Champ Drive a distance of 145' to connect with the existing 20' drainage easement through Lots 1 and 2, Block 6, Penn Forest, Section 1, on plat recorded in Plat Book 5, Page 82, to construct, install, improve, operate, inspect, use, maintain, remove, monitor, repair or replace present or future drainage courses, ditches, lines, pipes, facilities, and other necessary or related structures, appurtenances and improvements, for management, collection, transmission and distribution of any form of drainage, including but not limited to stormwater drainage, together with the right of ingress and egress thereto from a public road, is hereby reserved and retained. The location of said easement is shown cross-hatched and desig- nated as "50' DEDICATED D.E." on the map entitled 'Vacating of 50' Right Of Way Known As Champ Drive And Retaining A 50' Dedicated Drainage Easement' attached hereto and made a part hereof. b. That fee simple title to the centerline of Champ Drive shall vest in the owners of the abutting properties as provided in §15.2- 2274 of the Code of Virginia (1950, as amended), subject to the above-described drainage easement and subject to the condition that the vacated area of land shall be added and combined, by deed or by plat, to said abutting properties, in compliance with the Roanoke County Subdivision and Zoning Ordinances, and other applicable laws and regulations. c. That all costs and expenses associated herewith, including but not limited to publication, survey and recordation costs, shall be the responsibility of the Petitioner; and, 2 ... a ~-~ 2. That the County Administrator, an Assistant County Administrator, or any County Subdivision Agent is hereby authorized to execute such documents and take such actions as may be necessary to accomplish the provisions of this ordinance, all of which shall be on form approved by the County Attorney. 3. That this ordinance shall be effective on and from the date of its adoption, and a certified copy of this ordinance shall be recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in accordance with §15.2-2272.2 of the Code of Virginia (1950, as amended). c:\wp51\doc\agenda\eng\champ.ord 3 J AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON FEBRUARY 10, 1998 RESOLUTION 021098-15 CERTIFYING EXECUTIVE MEETING WAS HELD IN CONFORMITY WITH THE CODE OF VIRGINIA WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened an executive meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of The Virginia Freedom of Information Act; and WHEREAS, Section 2.1-344.1 of the Code of Virginia requires a certification by the Board of Supervisors of Roanoke County, Virginia, that such executive meeting was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, hereby certifies that, to the best of each members knowledge: 1. Only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the executive meeting which this certification resolution applies, and 2. Only such public business matters as were identified in the motion convening the executive meeting were heard, discussed or considered by the Board of Supervisors of Roanoke County, Virginia. On rnotion of Supervisor Johnson to adopt the Certification Resolution, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None A COPY TESTE: ~"~• • ~ Mary H. Allen, CMC Clerk to the Board of Supervisors cc: File Executive Session O~ ROANp~~ ~ •~ ~ Z Z v ~~ 1838 MARY H. ALLEN, CMC CLERK TO THE BOARD C~~~xx~#~ ~~ ~~~~~C~e P.O. BOX 29800 5204 BERNARD DRIVE ROANOKE, VIRGINIA 24018-0798 (703) 772-2005 FAX (703) 772-2193 February 11, 1998 The Honorable John S. Edwards The Honorable Malfourd W. "Bo" Trumbo The Honorable H. Morgan Griffith The Honorable C. Richard Cranwell The Honorable Clifton A. Woodrum The Honorable A. Victor Thomas Dear Senators Edwards, and Trumbo; and Delegates Griffith, Cranwell, Woodrum, and Thomas: BRENDA J. HOLTON DEPUTY CLERK Attached is a copy of Resolution No. 021098-5.a supporting Loudoun County's proposal that the Commonwealth of Virginia provide assistance for school construction and renovation projects. This resolution was unanimously adopted by the Board of Supervisors at their meeting on Tuesday, February 10, 1998. If you need further information, pleases do not hesitate to contact me. Sincerely, Mary H. Allen, CMC Clerk to the Board of Supervisors Attachment cc: The Honorable Dale Polen Myers, Chairman, Loudoun County Board of Supervisors Paul M. Mahoney, County Attorney Dr. Deanna Gordon, School Superintendent ® Recyded Paper O~ pOANp,I.~ a` ' ~ z c~ ~ .i ov ~~ 1838 COUNTY ADMINISTRATOR ELMER C. HODGE (540) 772-2004 P.O. BOX 29800 5204 BERNARD DRIVE ROANOKE, VIRGINIA 24018-0798 FAX (540) 772-2193 February 11, 1998 BOARD OF SUPERVISORS BOB L. JOHNSON, CHAIRMAN HOLLINS MAGISTERIAL DISTRICT HARRY C. NICKENS, VICE-CHAIRMAN VINTON MAGISTERIAL DISTRICT FENTON F. "SPIKE" HARRISON, JR. CATAWBA MAGISTERIAL DISTRICT JOSEPH MCNAMARA WINDSOR HILLS MAGISTERIAL DISTRICT H. ODELL "FUZZY" MINNIX CAVE SPRING MAGISTERIAL DISTRICT (540) 772-2005 Rev. James Ellis Interim Munster Colonial Avenue Baptist Church 4165 Colonial Avenue, SW Roanoke, VA 24018 Dear Reverend Ellis: On behalf of the Board of Supervisors, I would like to thank you for offering the invocation at our meeting on Tuesday, February 10, 1998. 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 kindest regards, (~aixrt#~ ~~ ~v~xto'~~ Off- ----' Bob L. Johns ,Chairman Roanoke County Board of Supervisors Internet E-Mail Internet E-Mail ehodge@www.co.roanoke.va.us ®Recycled Paper bos@www.co.roanoke.va.us V~ DRAFT - 2/2/98- 3:00 P.M. ROANOKE COUNTY BOARD OF SUPERVISORS AGENDA FEBRUARY 10, 1998 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. Individuals 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 least 48-hours notice so that proper arrangements may be made. A. OPENING CEREMONIES (3:00 P.M.) 1. Roll Call. 2. Invocation: 3. Pledge of Allegiance to the United States Flag. B. REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF AGENDA ITEMS C. PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND AWARDS (???? -Maybe Feb. 24 -waiting to hear from coaches) i 1. Resolution of Congratulations to the William Byrd High School Girls Basketball Team for winning the Group AA State Championship. 2. Resolution of Congratulations to the Glenvar High School ~ Girls Basketball Team for winning the Group A State y~ Championship. D. BRIEFINGS E. NEW BUSINESS ~~ a 2. Report and recommendation for Courthouse improvements and additional parking space. (John Chambliss, Assistant County Administrator) F. FIRST READING OF ORDINANCES 1. /2/bg 7-~ G. H. Ordinance amending Ordinance 011398-9 authorizing acquisition of certain real estate locate on State Route 779 (Catawba) from the Commonwealth of Virginia to rescind appropriation of funds for the acquisition. (Diane Hyatt, Finance Director) -~ ~ ~. ~,-~..~ _ .~, ~. - SECOND READING OF ORDINANCES APPOINTMENTS ~~ ~- 2 1. Library Board 2. Grievance Panel 3. Social Services Advisory Committee I. CONSENT AGENDA ALL MATTERS LISTED UNDER THE CONSENT ~-GENDA ARE CONSIDERED BY THE BOARD TO BE ROUTINE AND WILL BE ENACTED BY ONE RESOLUTION IN THE FORM OR FORMS LISTED BELOW. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY. 1. Approval of minutes -October 28, 1997, November 18, 1997, December 2, 1997, December 16, 1997, January 5, 1998, January 10,11, 1998. 2. Resolution of support for a recreational access grant to the Virginia Department of Transportation and Virginia Department of Parks, Recreation, and Conservation for the construction of an access for the new South County district park. J. REQUESTS FOR WORK SESSIONS K. REQUESTS FOR PUBLIC HEARINGS L. CITIZENS' COMMENTS AND COMMUNICATIONS M. REPORTS AND INQUIRIES OF BOARD MEMBERS 3 N. REPORTS 1. General Fund Unappropriated Balance 2. Capital Fund Unappropriated Balance 3. Board Contingency Fund 4. Report on Regional Community Relations Conference to be held on May 28, 29, 1998. O. WORK SESSION P. Q. 1. Charging. for emergency services 2. Budget Work Session a. Revenue projections b. Mid-year expenditures c. CIP summary ' TOU~~ E~PROJECTS ,ICI EAST ROANOKE COUNTY '`'`~,'`-' 7`~ a--~7 - ~-yC.r ~ .~-- EXECUTIVE SESSION pursuant to the Code of Virginia Section 2.1-344 A - Gc~- ~+-x.> R. CERTIFICATION OF EXECUTIVE SESSION EVENING SESSION S. PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND AWARDS 1. Resolution of Appreciation upon the retirement of David L. Miller, Sheriff's Office. T. PUBLIC HEARING AND SECOND READING OF ORDINANCES 4 i ~ ~ ~ ~. Second reading of ordinance to vacate as public rights-of- way a portion of Valley Avenue, Pinkard Avenue, Meadow View Road, Booker Road and Summit Avenue and all alleys recorded in Plat Book 1, Page 363, Pinkard Court Subdivision in the Cave Spring Magisterial District. (Arnold Covey, Engineering & Inspections Director) THE FOLLOWING PUBLIC HEARINGS WERE POSTPONED FROM JANUARY 271998 2. Second Reading of ordinance to obtain a Special Use Permit to allow a private kennel, located at 4601 Goodman Road, Vinton Magisterial District, upon the petition of ~ Golden Oaks Kennels. ( ~ ' ctor) (TABLED UNTIL JANUARY 27, 1998 AND ~ ~j POSTPONED TO FEBRUARY 10, 1998) ~ ~ °~ 3. Second reading of ordinance to amend and reenact Section 10-3 Article 1 of Chapter 10 "Licenses" of the Roanoke County Code in order to conform with a state code amendment to eliminate charging a license fee to certain businesses subject to a license tax. (Vickie Huffman, Assistant County Attorney) 4. Second reading of ordinance to vacate afive-foot portion of a sanitary sewer and drainage easement located on Lot 8A and shown on the subdivision plat of Nottingham Park as recorded in Plat Book 20, Page 177, and located in Windsor Hills Magisterial District. (Arnold Covey, Director of Engineering and Inspections) 5. Second reading of ordinance to vacate a 20-foot drainage easement recorded in Plat Book 16, Page 128, and located on Lot 1, a portion of the right of way for Cater Grove Lane, and Lot 23, Section 2, Plantation Grove as recorded in Plat Book 19, Page 175, located in Hollins Magisterial District. (Arnold Covey, Director of Engineering and Inspections) 5 6. Second reading of ordinance to vacate a 50-foot unimproved right-of-way referred to as Champ Drive as recorded in Plat Book 5, Page 82, located in the Cave Spring Magisterial District. (Arnold Covey, Director of Engineering and Inspections) U. ADJOURNMENT TO THURSDAY, FEBRUARY 12, 1998 AT 4:30 P.M. FOR A JOINT MEETING WITH THE ROANOKE COUNTY SCHOOL BOARD, HELD AT THE SCHOOL ADMINISTRATIVE OFFICES. 6 Loudoun County, Virginia Board of Supervisors 1 Harrison Street, S.E., 5th Floor, P.O. Box 7000, Leesburg, VA 20177-7000 703/777-0204 • Metro:703/478-8415 January 26, 1998 The Honorable Bob L. 7ohnson Chairman, Roanoke P.O. Box 29800 Roanoke, VA 24018 .~')ekl.l' CIIa].rl'ilanl .~iLu"iS~i:.t: ~ ~ ~~ ~~c~ rn ~- ` t~ ~~~~1~. ~1 ij\0 }i ~ j~. ~~..a~- .4S .~...w..o... As you know, the State provides some funding to localities for the operation of schools. However, given the fiscal impact of school construction on local governments, Loudoun County is asking Virginia localities to support proposed legislation that would provide for State assistance to localities for school construction and renovation. On Wednesday, January 21, 1998, the Loudoun County Board of Supervisors voted unanimously to endorse a legislative proposal that would provide fora 50% State reimbursement to localities for school constniction and. renovation. The proposal would provide for the Commonwealth to reimburse localities for one-half of the capital costs of a school construction, enlargement, or renovation. project based on State standards. Site acquisition, site developmE;nt, and f~trrlishings anal fixtures are not included in the reimbursement formula, nor are facility costs that exceed the State standard. A copy of the specific proposal is enclosed. Loudoun County requests your Board or Council support this legislative initiative and send us a copy of your resolution. We also urge you to contact your legislators and seek their support. Please feel. free to contact Bob Griffin, Assistant to the County Administrator at (703) 777-0200 if you have any questions. Sincerely, ~~.~.~~. Dale Polen Myers Chairman Enclosure Date Polen Myers, Chairman Eleanore C. Towe Helen A. Marcum Joan G. Rokus Scott K. York Blue Ridge District Catoctin District Leesburg District Sterling District David G. McWatters Lawrence S. Beerman, II Jim Burton Steve Whitener Broad Run District Dulles District Mercer District Sugarland Run District ® Panted on Recycled Papcr .' Loudoun County, Virginia Office of the County Administrator I Harrison Street, S.E., 5th Floor, P.O. Box 7000, Leesburg, VA 20177-7000 703!777-0200 • Metro: 7031478-8439 • Fax: 703/777-0325 At a meeting of the Board of Supervisors of Loudoun County, Virginia, held in the County Administration Building, Board of Supervisors' Meeting Room, 1 Hamson St., S.E., Leesburg, Virginia, on Wednesday, January 21, 1998 at 9:00 a.m. PRESENT: Dale Polen Myers, Chairman Joan G. Rokus, Vice Chairman Lawrence S. Beerman II James G. Burton Helen A. Marcum David G. McWatters Eleanore C. Towe Steven D. Whitener Scott K. York IN RE: FINANCE COMMITTEE REPORT/LEGISLATIVE PROPOSAL/STATE FUNDING FOR SCHOOL CONSTRUCTION Mr. Beerman moved that the Board of Supervisors approve the recommendation of the Finance Committee to support the legislative proposal (attached} to provide for State reimbursement of localities for school construction and renovation. Seconded by Mr. York. Voting on the Item: Supervisors Myers, Beerman, Burton, Marcum, McWatters, Rokus, Towe, York and Whitener -Yes; None - No. A COPY TESTE: ., ~ ~-._ - 1'~'L C,C... ems. DEPUTY C ERK FOR THE LOUDOUN COUNTY BOARD OF SUPERVISORS PLM:REJAN21 E.98 ® primed on recycled paper Legislative Pro}~osal To Provide For State Reimbursement of Localities for School Construction and Renovation Currently the State provides some funding to localities for the operation of schools. However, at this time, localities are totally responsible for the cost of construction of new schools, or their renovation. This proposal would encourage legislation to be passed that would change the basic funding responsibilities between the State and localities for school construction. The basic elements of the proposal include: • Provide for the Commonwealth to reimburse any city or county for one-half of the capital costs of a school construction, enlargement or renovation project upon approved standards by the Commonwealth. (Reimburse direct facility costs.) • Site acquisition, site development, and furnishings and fixtures would not be part of the reimbursement formula. (Land acquisition, site development, interior fit out would be the responsibility of the locality.) • The Commonwealth would need to adopt facility standards for various size schools. • Renovations would be reimbursed where a facility is being brought up to the state standards. • The potential reimbursement for Loudoun if all school projects were debt financed could range between ~7 - $14 million per year over the end of the six years of the CIP. • For debt financed projects, this program would have a positive impact on the County's net debt capacity. • No revenue source is suggested as being attributed to this initiative at this time. c: fc116984 CATAWBA STATE SANITORIUM ,';D:B.' 213 PAGE 231 TAX ,MAP N0. 7.00-1-5 ~ ' ~ ~~~ ~ ~~ ,~° •.° .. ~~ Ate. ~ h i 0 3.171 ACRES ~. ~~ 'Ti. h`1' ~ ~ F` ry~~o~ ~ ~~ ~ ~ ~ PROPERTY OF IPF~ ROANOKE COUNTY BOARD OF SUPERVISORS ~~ CATAWBA FIRE STATION 1~% ~ / TAX MAP N0. 7.00-01-29 ~o,• ~^~ ~ ~~ O~ /~ ~~P~/ / / pJ O~Q s ~~/ a `~'~ /~JP~P/ •oo• ~~ / ~ / ~ ~ /~ IPF ~ I ~~ ~ I .. ~ ~m ~ ~~, ~ IPS JQ~ ~ ~ o ~ ~~ / ~~ \ NOW OR FORMERLY ~ ~ PROPERTY OF ~ IPS p~~ ~ \ ~ \ CATAWBA STATE SANITORIUM y~ FO \ ~ D.B. 213 PAGE 231 ~~` TAX MAP N0. 7.00-1-5 ~oo~ry~~ pJ~ PLAT OF SURVEY ~ti ~ / SHOWING oo° ~~ pP~ / 3. 7 71 ACRES IPS ~,gh ~~ / FOR /~,~~ti~t~F~'/ ROANOKE COUNTY ~ P • c • / ~ ~ ~ BOARD OF SUPERVISORS LOCATED IN ENGINEERING • ARCHITECTURE • SURVEYING CATAWBA MAGISTERIAL DISTRICT ~ (540) 345-0675 1401 2nd STREET, S.W. ROANOKE COUNTY, VIRGINIA ~~xX (540) 342-4456 ROANOKE, VIRGINIA 24016 _,,,,,~,,,o, _ REVISED: 1-22-98 SURVEYED: 12-10-97 COMM: 14378 From: "Brenda Holton" < ADMOIBJH > To: adm01/mha Date sent: Wed, 4 Feb 1998 10:47:10 + 0000 Subject: Invocation 2-10 meeting Dr. James Ellis, Interim Minister Colonial Avenue Baptist Church will do the invocation for 2/10/98 meeting. Brenda Holton Deputy Clerk 772-2005 Mary Allen -- 1 -- Wed, 4 Feb 1998 11:02:45 ~ n ~~ g . ~ a~ ~ ~ ~. Yin ~ ~„ , ~ ~~~~ ~ ~~~~ ~, ~ ~ t ~ ~~ ~~_~ ,-~,~~,~,~ e ~ ~- ~ ,~ e '"Q~ ~ y~ , ~ Yp ~ r f. 1 ~ LK.. • IL~,=!/~+.~.Gj .A'4 _ " ~ r f 1. ! e., o. ~C,.. o...~ ,'7.~,4...../. -~,.,,e~,~, ~ ~~c ~ , ~', ~ ~'~ . C EXPRESSING THE APPREC/AT/ON OF THE BOARD OF SUPERV/SORS OF ROANOKE COUNTY UPON THE RETIREMENT OF DAVID L. MILLER, SHERIFF'S OFFICE WHEREAS, David L. Miller was first employed on July 15, 1972 as a Deputy Sheriff; and WHEREAS, David L. Miller has served as a deputy in the Traffic Division, Detective Division and Sheriff s Office, Court Services Division; and WHEREAS, David L. Miller, through his employment with Roanoke County, has been instrumental in improving the quality of life for i±s citizens; and WHEREAS, the Board of Supervisors is informed and aware of David L. Miller's activities and dedication to the worldwide Christian Motorcyclists Association, and that he plans to continue to serve this organization in his retirement years for the advancement of the cause of Christianity worldwide. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County expresses its deepest appreciation and the appreciation of the citizens of Roanoke County to DAVID L. MILLER for over twenty-five years of capable, loyal and dedicated service to Roanoke County. From: "Merry McKissick" <SHF01/MSM> To: "Brenda Holton" <ADM01/BJH> Date sent: Wed,14 Jan 1998 15:25:35 +0000 Subject: Re: David Miller Reso Brenda, in reference to David Miller's resolution, Sheriff Holt would like for you to make the following addition: "Further, the Board of Supervisors is informed and aware of Deputy Miller's activities and dedication to the worldwide Christian Motorcyclists Association and that he plans to continue to serve this organization in his retirement years for the advancement of the cause of Christianity worldwide." Thank you for your assistance in preparing this resolution. Brenda Holton -- 1 -- Wed, 14 Jan 1998 15:31:24 ~~~~ ~; _:a .:~ G4UtN"Y QFTi~tfl~i+~iK~, Q~ MEMO ROANOKE COUNTY BOARD OF SUPERVISORS ~ F F ~ C E CLERK' S OFFICE TO: Gerald Holt, Sheriff FROM: Brenda J. Holton, Deputy Clerk ~~2~ DATE: December 24, 1997 SUBJECT: RETIREMENT RESOLUTION -DAVID L.MILLER The Human Resources Department notified us that David L. Miller will retire on January 1, 1998, with over twenty-five years of service. Mr. Miller would like to attend the January 27, 1997 Board Meeting at 7:00 p.m. to be presented with a resolution of appreciation. I have prepazed a draft resolution but would like your help in making it more personal. Would you please: 1. Review and make any suggestions or corrections you deem appropriate. 2. Provide additional information for the hir or (if necessary) a fourth paragraph to make the resolution more personal and meaningful. (a) include any awards; outstanding achievements; special projects; department, organization and/or community involvement; and any other information, such as outstanding attendance record; or being extremely dependable and responsible. 3. Please return the revised resolution to the Clerk's Office by January 19, 1998 or sooner~so that it may be included with the agenda for the January 27th meeting. Thanks for your help and if you have any questions, please let me know. Attachment COUNTY OF ROANOKE Retirement Resolution Form ~ti. 3~a -3`~~a (To be completed at the exit interview session with the retiring employee) -, ---- -~ -- - - ,, .- ~ -~, -~ - ~~ I! Name of Em to ee: DEC ? ? = =" Dates of Employment: 7 ~ I ~ ~`7 oZ Current Position: ~P~u.~~.( SL-~e~~-'~ Retirement Date: ~ I I I `1' ZS Length of Service: oZ5 yea.~'s (o r,~,on'~-~.s Previous Positions Held: ~~ ~.;~U -~, _l ~' _. ~-~' ~ , ~ ~ r'. S~, J t Other Information: ~~-~~Q.~S ~ ~p,~s ~z/Ly~S ~ a ~ S ~~ ~ a-~ ~ o ~ ~ ~ Sa~~~ ~,~ Board Meetin ates durin retirement'rii"onth: 9 9 1) 2) 7'oa~~ Plans to attend board meeting on ~a-n ~c~,r..J ~ ~ date. Would like to attend a board meeting at a later date. Date requested is: Does not plan to attend a board meeting. Please mail resolution. H ur~ian~esourc~,s~Sig nature 3 Date RESOLUTION EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY TO DAV/D L. MILLER FOR OVER TWENTY-FIVE YEARS OF SERVICES TO ROANOKE COUNTY WHEREAS, David L. Miller was first employed on July 15, 1972 as a Deputy Sheriff; and WHEREAS, David L. Miller has served as a deputy in fhe Traffic ~i~~ ~`s~~4~ i Division, Detective Division and Sheriff's Office ~IL~a-z.~.,~,~s~-~~-~--~~~'~ WHEREAS, David L. Miller, through his employment with Roanol~e County, has been instrumental in improving the quality of life for its citizens. NOW, THEREFORE, BE /T RESOLVED that the Board of Supervisors of Roanoke County expresses its deepest appreciation and the appreciation of the citizens of Roanoke County to DAV/D L. M/LLER for over twenty-five years of Anne Marie: Attached is the information on the Glenvar and William Byrd Girls Basketball teams for the resolutions. I still don't know exactly when we will be recognizing them, but at least we can have them ready for the Feb. 10 meeting if that's when they choose. Mary Allen 1/29/98 fi~ C N = ,n~a~- 1- 2~7" Friday, January 9, 1998 GLENVAR HS GIRLS BASKETBALL TEAM STATE CHAMPIONSHIP Called Bryan Harvey (Glenvar Elementary School - 387-6540) and invited him and his team to - anuar~27 meeting to be recognized either at the 3 p.m. or 7 p.m. session. He is going to check his schedule because he coaches Boy's basketball and the games are always on Tuesday and will call me back on Monday (1/12) or Tuesday (1/13) and let me know when he and team can come.. He will send me a list of the players and coaches, and any other significant achievements of the teams and players. °~~~:-~__~~.. --~- TRT ~ RA~KFTBALL TEAM CHAMPIONSHIP Called Richard Thrasher (890-3090). Left a message for him to call me back. ~ ~ ~~~ ~~~~~ ~ c~ ~'~~ rr - ~'~o ~ ~l /v CC: Brenda Gal / 9 .~ a-~`" ~-~--~ ' v ~ ~ ~ ~~~ ~ I have a call in to both Bryn Harvey (GlenvarGirk=Basketball Coach) and c ar ras er Wm. Byrd Basketball Coach) to see if they can come for their reco nitions on: ~-~-~ '-'~" g~' ~v ; ~/ ~~ ~~-.~-. ~'~ .~a..c.~. .by 'Tuts. ~ - a ~ TUESDAY~FEB 10 AT 4:00 P.M. (N T 3) I talked with both Harry and Spike and they thought the 4 p.m. was a good time because it is after school but does not conflict with other sports. Also, we still need the names of their team members, coaches and any achievements so we can prepare reso. Mary....1 /15/98 ~,y Name MEREDITH SHOUSE SARAH PETERSON KELLY SHREEVE SHANNON PAXTON KATIE JONES CHRISSY LEWIS ELIZABETH WILBURN LEIGH CRAWFORD ERIN SOTHERDEN SARAH MELTON KATRINA WILLIAMS LIZ WEBB MANDY WILLIAMS BONNIE WILLET ERIKA HALE BRYAN HARVEY, HEAD COACH RICHIE WAGGONER, ASSISTANT COACH RANDY HALE, ASSISTANT COACH TIM WILLIAMS, ASSISTANT COACH reb-OG-9a 09 : ~E3A C"t''~I~~'p IT~t H O~15~ I-~N~c~~l ~'~~c ~ t~ 1=~-~~1~. ~c~N~S C~-~~t aS`~ L~vJ~~ ~~~tl~ f~ ~? ~l~t-1 Add 1.~1 ~ ~ ~. ~~~, tr'~'1 ~ N ~~ vJ 1 L1,.1 ~A ~1 S ~~1 ~A 1~~~-~ ~' C'~C~~ i~~A~ C ~ Gtr ~ ~~~~~ ~! ~~.~ ~ 'mil rr~ ~11.L'-1 ~1 ~1~ ~ ~~C~k~ Z~-~ P.O1 reb-oc-9E3 10 : oo~, ~ . 01 ~ ~.N~~J-L~U~ ~ F~W~~~S ~ . ~k ~~ ~ti~~~S ~~;~~C~`- A1~ 115 i r,tCT ~ AFL ~i:~C~10~ C. -'['~Ar~rl ~' ~ ~T~'ti Nf~ 1.~1~L.1 H n'1~' 1. ~~~~ ~1~~~~ ~. C~~C~~aU~~'~ ~~~1~ ST~I~ ~~~~~ ~`~~. ~~~t~ -~~.~~~ ~~k~v~~ ~. ~ ~G ~ To: adm01/ddh, adm01/ech Copies to: Paul Mahone Subject: Ord. appropriating funds for Catawba Farm Date sent: Fri, 23 Jan 1998 12:15:36 I talked with PMM re the Catawba Farm ordinance. He looked at the transcript and said that if Spike or Bob did not specifically mention removing the funds from the ordinance in the motions, then we couldn't change the ordinance. He suggested a brief board report and on the Feb. 10 agenda amending the ordinance adopting the Catawba Farms ordinance by deleting the paragraph appropriating the $110,000 and noting where the $10,000 already spent would come from (I believe ECH said from the Economic Development budget). Paul said he would do the ordinance if Diane would do the Board Report. Diane, Paul can help with the Bd. Rpt. (or I can since we discussed) Mary Allen -- 1 -- Fri, 23 Jan 1998 12:15:37 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JANUARY 13, 1998 ORDINANCE 011398-9 AUTHORIZING THE ACQUISITION OF CERTAIN REAL ESTATE LOCATED ON STATE ROUTE 779 (CATAWBA) FROM THE COMMONWEALTH OF VIRGINIA FOR THE PURPOSE OF PROMOTING ECONOMIC DEVELOPMENT AND PROTECTING VALUABLE ENVIRONMENTAL RESOURCES, AND ASSIGNMENT TO THE INDUSTRIAL DEVELOPMENT AUTHORITY WHEREAS, Section 18.04 of the Roanoke County Charter provides that the acquisition of real estate shall be accomplished only by ordinance; and, the first reading of this ordinance was held on January 5, 1998, and the second reading of this ordinance was held on January 13, 1998; and, WHEREAS, the County of Roanoke, Virginia, (the "County") intends to acquire approximately 377 acres of real estate, being a identified as a portion of Tax Map Number 7.00-1-5, and which is located in the Catawba Valley from the Commonwealth of Virginia, Virginia Polytechnic Institute and State University, and which is known as the Catawba Farm, for the purposes of promoting economic development and protecting valuable environmental resources; and, WHEREAS, County staff has negotiated a Contract of Purchase and Sale for this real estate with the Commonwealth of Virginia, Virginia Polytechnic Institute and State University; and WHEREAS, pursuant to §15.2-1205 of the Code of Virginia (1950, as amended), the Board of Supervisors is authorized to donate and assign its rights under a Contract of 1 Purchase And Sale to the Industrial Development Authority (IDA), in furtherance of the purposes for which the IDA was created; and, WHEREAS, it is in the public interest of the citizens of Roanoke County to acquire this real estate in the Catawba Valley for these purposes. BE IT ORDAINED, By the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the acquisition from the Commonwealth of Virginia, Virginia Polytechnic Institute and State University by contract of purchase and sale of approximately 377 acres of real estate located on State Route 779 in the Catawba Valley, and being identified as a portion of Tax Map Parcel No. 7.00-1-5, for the purposes of promoting economic development and protecting valuable environmental resources, for the sum of One Million ($1,000,000) Dollars, is hereby authorized and approved. 2. That the acquisition of this property shall be accomplished through deferred purchase money financing in ten (10) equal annual installments. The installment payments shall be subject to future appropriations by the Board of Supervisors. Nothing in this Ordinance shall constitute a debt pledging the full faith and credit of the County. -id~~~ar~Qe-s~m.~: 1.1,t1, 090... °the«°irrrtttat~'rt'fT`ri~"arut'dti costs related~to..tk~is..tr~nsaction `': '~ ~ ~~ ~.~~~,~ 3. That the County Administrator is hereby authorized and directed to assign the County's contract rights to acquire this real estate to the Industrial Development Authority of Roanoke County, which shall proceed with acquisition of this real estate, 2 subject to the terms and conditions provided in the contract, and the IDA shall assume all obligations and responsibilities of the County provided for in the contract. 4. The County Administrator or Assistant County Administrators are hereby authorized to take such actions and to execute such documents as may be necessary to accomplish the purposes of this transaction, all upon form approved by the County Attorney. 5. That this ordinance shall take effect immediately upon its adoption. On motion of Supervisor Harrison to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None A COPY TESTE: ~~ Mary H. Allen, CMC Clerk to the Board of Supervisors cc: File Melinda J. Cox, Economic Development Specialist Paul M. Mahoney, County Attorney Diane D. Hyatt, Director, Finance .John W. Birckhead, Director, Real Estate Assessment 3 ^ ECH: The next item is a second reading of an ordinance to approve a purchase agreement with VPI and the Commonwealth of Va. For 377 acres of real estate known as Catawba Farm. This is a 2nd reading and what I want to do is go forward with that 2nd reading. This is a necessary step for us to complete in order to get Va. Tech and the state of Virginia to remove restrictions that are in that deed. Basically what we have is in the state oVa.va. Owns the Catawba Farm property. It has been assigned tVa.Va. Tech but the state actually is the owner as the Board of Supervisors of properties that we have, parks and rec, etc. The deed as it exists would allocate any funds from the sale of that property to the General Fund of the State. What we are working through witVa.Va. Tech is an effort to have those funds go tVa.Va. Tech rather than the state becausVa.Va. Tech has been working and maintaining the property and is rightly deserving of the revenue. As we go forward and the process unfolds, we are trying to work through all of the details of that. That has to go through the general assembly. It has to have the support of the state staff, the governor...it has to have the approval of the General Assembly and so there is going to be some time for that to go through. It might very well work out that if we're not able to get that cleared that this would be a lease or some variation of a sale so it's going to be some time before its actually completed. But, we do need your approval on the 2nd reading. We will not spend any funds, we have yet to work through a contract and will bring back that contract to you, but we need this step to convince the General Assembly anVa.Va. Tech that we are serious and willing to move forward. BLJ: The question now is the 2nd reading of the prepared ordinance. the gentlemen from Catawba, Mr. Harrison. FFH: Mr. Chairman /move the 2nd reading. BLJ: The motion is to move the 2nd reading of the prepared ordinance with the understanding that any subsequent contracts or additions or deletions from the Board Report will be brought back to the Board. Put that in the minutes Madam Clerk. Discussion....would you call the roll. Roll Call Vote. From: "Paul Mahoney" <ADMOl/PMM> To: adm01/ech Date sent: Tue, 3 Feb 1998 13:31:02 + 0000 Subject: Catawba ordinance Copies to: adm01/ddh, adm01/mha, adm01/spb ECH: Concerning the ordinance to rescind the appropriation of the $110,000 for Catawba Farm, should we prepare an ordinance: 1) rescinding the appropriation of the $110,000, or 2) rescinding the entire ordinance (i.e. the ordinance authorizing the acquisition of the property from the Commonwealth/VPI&SU over 10 years, etc.). Since this item will not proceed as originally planned, why not just rescind the entire ordinance? Paul M. Mahoney County Attorney Mary Allen -- 1 -- Tue, 3 Feb 1998 15:31:26 From: "Diane Hyatt" < ADMO1/DDH > To: "Mary Allen" < ADMOl/MHA > Date sent: Fri, 23 Jan 1998 15:46:13 + 0000 Subject: Re: Ord. appropriating funds for Catawba Farm OK, go ahead and put it in your file for the Feb 10 agenda. I will work with Paul on it. > From: "Mary Allen" < ADMO 1 /MHA > > To: adm01 /ddh, adm01 /ech > Date: Fri, 23 Jan 1998 12:15:51 +0000 > Subject: Ord. appropriating funds for Catawba Farm > Cc: adm01/pmm > I talked with PMM re the Catawba Farm ordinance. He looked at the > transcript and said that if Spike or Bob did not specifically mention > removing the funds from the ordinance in the motions, then we > couldn't change the ordinance. > He suggested a brief board report and on the Feb. 10 agenda amending > the ordinance adopting the Catawba Farms ordinance by deleting the > paragraph appropriating the $110,000 and noting where the $10,000 > already spent would come from (I believe ECH said from the Economic > Development budget). > Paul said he would do the ordinance if Diane would do the Board > Report. Diane, Paul can help with the Bd. Rpt. (or I can since we > discussed) > Mary Allen, Clerk to Board > 772-2003 Mary Allen -- 1 -- Fri, 23 Jan 1998 15:47:18 '~ ~_ ~ 9' - ~ 7 - 2-/d--~~ • r~-u.~ - Lr-~--~ ~t ~ ~ ~-~ .~e~ a.~`' -y~ ..30 ~- ~~ .2--moo-q8 ~ ~_ az~ ,~--o ~ - --L 8'~ ~- e~~ z3 ~.a-~<-- a--=~~ .~~~-~ ~~ -~~ Q~-~~ ~ Terri West-The Roanoke Times O1i19/98 • t" Acct: 7722071 ROAN Ph: 772-2071 P.O. BOX 29800 4540-981-3415 ~ Jan. 19, 1998 m12:20 PM The Roanoke Times Adid: Name: ROANOKE COUNTY BOARD OF LEGAL NOTICE Class Rate: Dis Rate: NOTICE OF PROPOSED ABAN - p DONMENT AS PUBLIC ROADS OF VIRGINIA SECONDARY CredltStatuS: ROUTES AND PROPOSED ROANOKE VA 24018-0798 Paytype BL Rate LE Le~als Source FX Class 10 Legals Start 01127198 Issues 2 Rate Iss Words....... Lines........ Depth....... Columns...... Graphic..... St Words. ^ Boxed Ad Copy Line LEGAL NOTICE NOTIC SortString ^ ManualSort TearSheets VACATION OF ROADS, STREETS, AND ALLEYS IN PINKARD COURT SUBDIVISION: Reply Request Route 862 (portion of Valley Avenue), Route 877 (Pinkard Rep: 31 Avenue), Route 876 {Meadow View Road), Route 873 (Booker Road), Summi[ Avenue, and all ^ TFN alleys. No[ice is hereby given to all interested persons that the Stop 02103/9$ Board of Supervisors of Roanoke County, Virginia, intends to abandon and vacate 222 Price 207 40 altogether as public streets, public rights-of-way, and all 61 Discount 0 00 alleys, the above referenced . streets, recorded in Plat Book 5.26 FreeDay 0 1, Page 363, Pinkard Court Subdivision, and located in the 0 Net 2Q 7,~0 Cave Spring Magisterial Dis- trict, Roanoke County, Virginia. 0 St Tax 0.00 This notice has been posted and published in accordance 0 FedTax 0.00 nth Section 33.1-151, Section 33.1-157, et seq., and Section TOtaI 207.40 15.2-2272 of the Code of Vir - ginia, (1950 as amended). Payment 0, 00 The Roanoke County Board of Supervisors will hold a public App Cr. 0.00 hearing at their 7:00 p.m. ses - Balance 0.00 sion on Tuesday, February 10, 1998, in the Board Meeting Room at the Roanoke County Administration Center, 5204 Bernard Drive, SW, Roanoke, ProductCode PO # public roads Virginia. A copy of [he documents related to this request may be Receipt ^ Movable ^ OnHold ^ ILilt Ad examined in the office of the Comments Reason for Discount Department of Engineering and Inspections, located at the Roanoke County Administration Center. Given under my hand this 15th day of January 1998. Mary H. Allen, Clerk to the Board 2/2 710902 F.dltlonS Roanoke County Board of Supertisors B~ (710902) 4 540-981-3415 ~! Jan. 19, 1998 'J12:20 PM 6112 FAX IN BRIEF Monday, January 19,1998 TO: Roanoke County Board of Supervisors, ATTN: Mary H. Allen FAX: 772-2193 FROM :Terri West -The Roanoke Times PAGES (INCLUDING COVER2 Terri West-The Roanoke Times Terri!Nest-The RoanokeT'mes 'Rt543-991-3415 C~iJan.13,1998 C'~3:32PM x'2/2 olils,l9s Acct: ??22J?1RGAN The Roanoke Times Name: ROANOIiE COL?NT~' BC:~,P.D OF ~ LEGAL NOTICE Ph: ??2'20? 1 Class Rate: Disp Rate: I ~ 95 ED DUN P9E , PUBL ROADS P c7 BUS ~9$~~ GreditStatUS: OF VIRGINIA SECONDARY RtxJTES: Route 862 (portion of Vai!ey Avenue), Routh 877 (Pinkard ROANOKE ~rA 2-X018-079 Reply~Request View Road)ORoute7873MB ok~er Payt•~pe BL Rate LE Le,~als Rep: 31 Road) and Summit Avenue. h o sw l nterested pers n that ihe Source ~ Class lU Legals ~ TFN Board of Supervisors of Roanoke County, Virginia. intends[oabandon and vacate Start 02110/9$ Issues 2 RateIss 2 Stop G211??9$ altogether as public streets and public rights-af-way me above referenced streets. recorded in Plat Back 1, Page 7 ? or S....... ~06 Pnoe 10 40 363, Pinkard Court 5utxlivision. . and located in the Cave Spring Lines........ $E Discount 0.00 Magisterial District, Roanoke County, Virginia. Depth..•.... 4.89 F~'eeLlay d) This notice has been posted and published in accordance Columns...... ~ Net 10,40 with Section 33.1-151, Section 33.1-157, et sey., and Sectior, Graphic..... 0 St Tax 0.00 15.2-2272 of the Code of Yir - St Words, 0 FedTax 0.00 ginia, (1950 as amended). The Roanoke County Board of Boxed Ad TOtal 190.40 Supervisors will hold a public hearing at their 7:00 p.m. ses - sion on Tuesday, February 24, Paynlellt 0.00 1998, in the Board Meeting Copy Line LEGAL NGTICE NOTIC Raom at the Roanoke County App Cr. O.GO Administration Center, 5204 SOrtStI7n¢ Bahuice 0 00 Bornard Drive SW, Roanoke, Virginia. Q AlanuglSort TearSheets . A copy of the documents related [o this request may be ProductCode PO # T'OYlt2 $~2 examined in the office of the Department of Engineering and ® Recei t ^ ?~'Iovable ®O H ld ~ hill Inspections, located at the Roanoke CvuntyAdrninistration p n o Ad Center. Comments Reason for Discount Given under my hand this :t3th day of December, 1997. Mary H. Allen, Cierk [a the @oard Roanoke County Board of Supervisors (707514) Adid: P.(IitlOnS BL, /1 ~/ ~ r /Xy ~ / ... / V ~" 9- V 707514 LEGAL NOTICE NOTICE OF PROPOSED ABANDONMENT AS PUBLIC ROADS OF VIRGINIA SECONDARY ROUTES AND PROPOSED VACATION OF ROADS, STREETS, AND ALLEYS IN PINKARD COURT SUBDIVISION: Route 862 (portion of Valley Avenue), Route 877 (Pinkard Avenue), Route 876 (Meadow View Road), Route 873 (Booker Road), Summit Avenue, and all alleys. Notice is hereby given to all interested persons that the Board of Supervisors of Roanoke County, Virginia, intends to abandon and vacate altogether as public streets, public rights- of-way, and all alleys, the above referenced streets, recorded in Plat Book 1, Page 363, Pinkard Court Subdivision, and located in the Cave Spring Magisterial District, Roanoke County, Virginia. This notice has been posted and published in accordance with Section 33.1-151, Section 33.1-157, et seq., and Section 15.2-2272 of the Code of Virginia, (1950 as amended). The Roanoke County Board of Supervisors will hold a public hearing at their 7:00 p.m. session on Tuesday, February 10, 1998, in the Board Meeting Room at the Roanoke County Administration Center, 5204 Bernard Drive, SW, Roanoke, Virginia. A copy of the documents related to this request may be examined in the office of the Department of Engineering and Inspections, located at the Roanoke County Administration Center. Given under my hand this 15th day of January 1998. Mary H. Allen, Clerk to the Board Roanoke County Board of Supervisors PLEASE PUBLISH IN THE ROANOKE TIMES ON: Tuesday, January 27, 1998 Tuesday, February 2, 1998 Direct the bill for publication to: Mary H. Allen, Clerk to the Board Roanoke County Board of Supervisors P.O. Box 29800 Roanoke, VA 24018 RKE BOARD SUPERVISORS TEL~540-772-2193 Transmit Confirmation Report No . Receiver Transmitter Date Time Mode Pages Result. 009 RT-LEGAL RKE BOARD SUPERVISORS Jan 15'98 1534 01'35 Norm 03 OK Jan 15'98 1534 FAX TRANSMISSION COUNTY OF ROANOKE P. O. Box 29800 ROANOKE„ VA 2401 8 540-772-2003 FAx: 540-772-2 1 93 To: Fax #: From: Subj: Roanoke Times Legal Advertising Mary H. Allen Attached Legal Notices Date: January 15, 1998 Pages: 3, including this cover sheet. COIVIlVIENTS: Attached are two (2) legal notices. One was faxed to you on December 18, 1997. Please A EL this advertisement. I have noted on the notice which one should be cancelled. The other legal notice is dated January 15, 1998. Please publish this legal notice on Tuesday, January 27, 1998 and Tuesday, February 2, 1998. If you have any questions, please contact me at 772-2003. Thanks you. Cc~n e~ / ' ~ LEGAL NOTICE NOTICE O PROPOSED ABANDONMENT AS PUBLIC ROADS OF VIItGINIA SECONDAR ROUTES: Route 862 (po n of Valley Avenue), Route 877 (Pinkard Avenue), Ro e 876 (Meadow View ad), Route 873 (Booker Road) and Stunmit Avenue Notice is hereby give to all interested persons that the Board of S ervisors of Roanoke County, Vir 'a, intends to abandon and vacate altoge er as public streets and public rights- f-way the above referenced streets, r corded in Plat Book 1, Page 363, Pinkard Co Subdivision, and located in the ve Spring Magisterial District, Roanoke County, ' ginia. This notice has been posted an ublished in accord e with Section 33.1-151, Section 33.1-157, et seq., and Se tion 15.2-2272 o e Code of Virginia, (1950 as amended). The Roanoke County Board of Supe 'sors 1 hold a public hearing at their 7:00 p.m. session on Tuesday, February 24, 9 , in the Board Meeting Room at the Roanoke County Administration Center, 04 Bernard Drive SW, Roanoke, Virginia. A copy of the documents related t this reques ay be examined in the office of the Department of Engineering and spections, loca ed at the Roanoke County Administration Center. Given under my hand th~l 8th day of December, 1 ~~~ Mary H. Allen, Clerk to the Roanoke County Board of S PLEASE LISH IN THE ROANOKE TIMES ON: ~, February 10, 1998 February 17, 1998 ~/ens e. C~ e ~ isors Direct the Bill for publication to: Mary H. Allen, Clerk to the Board Roanoke County Board of Supervisors P. O. Box 29800 Roanoke, VA 24018 -~r>h~ RKE BORRD SUPERVISORS TEL~5~~7-7T=''-2193 Dec 18'97 13 39 moy~ No . Rece i ~rer Transmitter Date Tirne Mode Pages Result ~ o Transmit. Confirmation Report • O (~ 1 • RT-LEGAL • RKE BORRD SUPERVISORS • Dec 18'97 1339 . a1'c~o • Norm • a2 • OK 02 - a ~ P~ ~~l2.,e~ C 0 Y E R FAX S H E E T CLERK TO THE BOARD To: Roanoke Times Legal Advertising Fax #: Subj: Attached Legal Notice Date: December 18, 1997 Pages: 2, including this cover sheet. COMI~~NTS: Attached is a legal notice to be published in the Roanoke Times on February 10 and February 17, 1998. Please contact me at 772-2003 if you have any questions. From the desk of... Mary H. Allen Clerk to the Board Roanoke County Board of Supervisors P. O. Box 29800 Roanoke, VA 24018 540-772-2003 Fax: 540-772-2193