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HomeMy WebLinkAbout6/9/1998 - RegularHEART CV THE AWE RIDGE CI:aunty of ranalat ROANOKE COUNTY BOARD OF SUPERVISORS ACTION AGENDA JUNE 9, 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 ALL PRESENT AT 3:01 P.M. 2. Invocation: John M. Chambliss, Jr. Assistant County Administrator 3. Pledge of Allegiance to the United States Flag B. REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF AGENDA ITEMS ECH ADDED EXECUTIVE SESSION CONCERNING ECONOMIC DEVELOPMENT PROSPECT. JPM REQUESTED ADDITION OF ITEM E-4, AMENDMENT TO RESOLUTION 081997-1 TO REMOVE PARA. #5. HCN OBJECTED; ITEM E-4 NOT ADDED. i e Recycled Paper C. PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND AWARDS 1. Proclamation declaring the week of June 7 - 14, 1998 as United States Army Week and the weekend of June 13 and 14, 1998 as Army Birthday weekend. ACCEPTED BY GENERAL WILLIAM ROSSEN. LT COL. MICHAEL KAVANAUGH, MAJOR ROBERT HUNT AND CAPTAIN ALLEN CARTER HOM MOTION TO ADOPT PROC. URC D. BRIEFINGS NONE E. NEW BUSINESS 1. Approval of a resolution adopting a legislative program for the 1999 session of the Virginia General Assembly to be submitted to VACo. (Paul Mahoney, County Attorney) HCN REQUESTED THAT ACTION BE DEFERRED UNTIL AFTER BRIEF WORK SESSION ON THIS ITEM. 2. Request to appropriate donation in the amount of $10,000 from Lowe's to the Kiwanis Club to assist with the renovation of Camp Roanoke. (Pete Haislip, Parks and Recreation Director) A-060998-1 FFH MOTION TO APPROPRIATE DONATION TO KIWANIS CLUB URC 3. Request for $40,000 appropriation for the remediation of the Cave Spring Fire Station underground storage tank site. (William Rand, General Services Director) A-060998-2 HOM MOTION TO APPROPRIATE $40,000 FROM UNAPPROPRIATED BALANCE, AMENDED BY HCN THAT FUNDS WILL BE REIMBURSED 2 BY DEPT. ROLLOVERS AFTER 7/1/98. URC WR ANNOUNCED THIS WAS THE LAST UNDERGROUND STORAGE TANK REMEDIATION. F. FIRST READING OF ORDINANCES 1. Ordinance to increase the salaries of the members of the Board of Supervisors of Roanoke County. (Paul Mahoney, County Attorney) BLJ MOTION TO APPROVE 1ST READING WITH SALARIES TO BE SET AT 2ND READING 2ND AND PH - 6/23/98 URC 2. First reading of ordinance amending and reenacting Section 5-21, definitions; Section 5-26.1 Dangerous Dogs} Vicious Dog; Penalties: Procedures; Section 5-26.2 Licensure of Dangerous Dog; and Section 5-44 Tax Imposed of Article II. Dogs, Cats and other Animals of Chapter 5 Animals and Fowls of the Roanoke County Code to provide procedures for Community Service Officers to determine a dog to be a dangerous dog. (Paul Mahoney, County Attorney) HCN REQUESTED THAT ACTION ON THIS ITEM BE DEFERRED UNTIL AFTER DISCUSSION IN WORK SESSION FORMAT. 3. First reading of ordinance to vacate an existing 20-foot access easement on lots 4 and 5 in Phase I of Wexford Subdivision in the Windsor Hills Magisterial District, shown in Plat Book 16, Page 122. (Arnold Covey, Director of Community Development) JPM MOTION TO APPROVE 1ST READING 2ND AND PH - 6/23/98 URC 3 4. Ordinance to vacate an existing 15-foot access easement along the northern boundary of lot 20 and extending northerly along the eastern (rear) lot lines of lots 19, 18, and 17 and to vacate an existing 10 foot access drive and 15-foot stormwater management access easement along the boundary between lot 13 and lot 14A in Wexford at Steeplechase Subdivision, and resubdivision of Wexford at Steeplechase in Windsor Hills Magisterial District. (Arnold Covey, Director of Community Development) JPM MOTION TO APPROVE 1ST READING 2ND AND PH - 6/23/98 URC G. SECOND READING OF ORDINANCES 1. Second reading of ordinance enacting Section 13-13.1, of the Roanoke County Code, Authorized Disposal of Trash, Unlawful Scavenging or Handling of Trash. (CONTINUED FROM MAY 12, 1998) (Joseph Obenshain, Sr. Assistant County Attorney) 0-060998-3 HCN MOTION TO ADOPT ORD URC 2. Second reading of ordinance appropriating the funds for the fiscal year 1998/99 budget. (Brent Robertson, Budget Manager) 0-060998-4 HCN MOTION TO ADOPT ORD WITH ELIMINATION OF FUNDS FOR CONVENTION AND VISITORS BUREAU AND REGIONAL CHAMBER OF COMMERCE DUES. FUNDS TO BE ROLLED OVER TO BOARD CONTINGENCY FUND UNTIL AFTER WORK SESSION ON FUNDING FOR THESE AGENCIES. WORK SESSION ON FUNDING FOR CVB AND RRCC SCHEDULED FOR 6/23/98 URC H. APPOINTMENTS 4 1. Community Policy and Management Team 2. Fifth Planning District Commission FFH NOMINATED LEE B. EDDY TO A THREE YEAR TERM EXPIRING JUNE 30, 2001, AS A CITIZEN REPRESENTATIVE 3. League of Older Americans Advisory Council 4. Parks and Recreation Advisory Commission HCN NOMINATED BOBBY G. SEMONES TO ANOTHER 3-YEAR TERM EXPIRING JUNE 30, 2001 REPRESENTING THE VINTON MAGISTERIAL DISTRICT. 5. Roanoke Valley Regional Cable TV Committee HCN NOMINATED JAMES B. DICKEY TO ANOTHER 3-YEAR TERM AS MEMBER AT LARGE. TERM WILL EXPIRE JUNE 30, 2001. 6. Virginia Western Community College Board HCN NOMINATED STANARD F. "STAN" LANFORD TO ANOTHER 4- YEAR TERM EXPIRING JUNE 30, 2002. 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. R-060998-5 BLJ MOTION TO ADOPT CONSENT RESO WITH ITEM 6 REMOVED URC 1. Approval of Minutes for May 12, 1998 5 2. Confirmation of committee appointments TO the Fifth Planning District Commission, the Highway and Transportation Safety Commission, the Parks and Recreation Advisory Commission and the Roanoke Valley Detention Commission. A-060998-5.a 3. Ratification of appointment TO the Community Policy and Management Team (CPMT). A-060998-5.b 4. Request from Schools TO accept $725,000 technology grant TO purchase computers, peripherals and networking for instructional use. A-060998-5.c 5. Request for adoption of a resolution approving the submission of a Virginia Recreation Trails Grant application for Wolf Creek Greenway. R-060998-5.d 6. Authorization to proceed within budget with the construction of bunkrooms and restrooms at Fort Lewis and Hollins Fire and Rescue Stations. (William Rand, General Services Director) A-060998-5.e FFH MOTION TO APPROVE AFTER DISCUSSION URC J. REQUESTS FOR WORK SESSIONS WORK SESSION SET FOR 6/23/98 TO DISCUSS FUNDING OF CONVENTION AND VISITORS BUREAU AND REGIONAL CHAMBER K. REQUESTS FOR PUBLIC HEARINGS NONE L. CITIZENS' COMMENTS AND COMMUNICATIONS 6 1. N.J. KNEIUBAUM, 5389 LUWANNA DRIVE SPOKE IN OPPOSITION TO THE WOODS END SITE FOR A HIGH SCHOOL 2. W. B. MARTIN, 3514 HOLLAND DRIVE SPOKE IN OPPOSITION TO THE WOODS END SITE FOR A HIGH SCHOOL. 3. REBECCA WALTON. 8521 BARRENS ROAD. SPOKE ON BEHALF OF THE BLUE RIBBON COMMISSION AND ASKED WHY FUNDS FOR RENOVATIONS TO BURLINGTON AND CLEARBROOK ELEMENTARY SCHOOL HAVE NOT BEEN RELEASED. BLJ RESPONDED THAT FUNDS WILL BE RELEASED WHEN AGREEMENT WITH SCHOOL BOARD IS REACHED AND THAT CONTRACTORS ARE WILLING TO EXTEND THE BIDS. BLJ ASKED ECH TO UPDATE THE PUBLIC ON WHY THE CONVENTION AND VISITORS BUREAU FUNDING IS BEING HELD UP. M. REPORTS AND INQUIRIES OF BOARD MEMBERS Supervisor McNamara: (1) Expressed delight at the crowd that was present for the Senior Citizens Hall of Fame awards. Advised that there is a vacancy from Roanoke County on the League of Older Americans Advisory Board and asked if any senior citizens were interested in serving. (2) Asked that Amendment to Resolution 081997-1 deleting paragraph 5 be added TO 6/23/98 agenda. Supervisor Minnix: (1) Asked Arnold Covey for update on Deerfield Road and land behind Back Creek. AC responded. Supervisor Harrison: (1) Announced that there will be a ceremony at Camp Roanoke on Saturday, June 13. (2) advised there was a meeting on June 1 with residents on Twine Hollow Road and if there were residents who did not attend, they should contact Gary Robertson for information on the water and sewer extension. (3) Advised he was very impressed with the plans for R. R. Donnelley, Phase II. Supervisor Johnson: (1) Announced that the Cellular Tower Committee is up and running with completion of a draft policy expected on July 7. He expressed concern about any tower location by right and use of balloon tests for tower locations. Asked PMM about the legality of the proposed policy. PMM advised there are still areas of discretion for local government and the committee hopes to include the policy in the zoning ordinance or comprehensive plan. (2) Reported that by extending water and sewer on Twine Hollow Road near Dixie Caverns landfill cleanup the County will save $200,000 per year. He thanked George Simpson and others for their work on the project. N. REPORTS BLJ MOTION TO RECEIVE AND FILE AFTER DISCUSSION OF ITEMS -URC 1. General Fund Unappropriated Balance 2. Capital Fund Unappropriated Balance 3. Board Contingency Fund 4. Report on status of the Cellular Tower Policy Committee 5. Report on Phase II - R. R. Donnelley 6. Report on the Dixie Caverns water/sewer extension O. SENIOR CITIZENS HALL OF FAME AWARDS AND RECEPTION (4:15 P.M.) The reception will be held on the fourth floor of the Administration Center. AWARDS PRESENTED TO: ELENI O. ASIMAKOPOULOS LOIS HUDDLESTON JOYCE B. SMITH RESCUE MISSION WILLIAM GORE ALLEN ROBINSON, JR. 8 NADINE GUERIN MILL MOUNTAIN THEATRE WINDSOR HILLS TOURS AND SARAH HODGES P. WORK SESSIONS (4TH FLOOR CONFERENCE ROOM) 1. Work Session on Greenways (Liz Belcher, Greenway Coordinator) 5:15 P.M. : PRESENTED BY LIZ BELCHER, DON WITT, CHARLIE BLANKENSHIP, JANET SCHEID, BUTCH KELLY. 2. Work Sessions on the Western Virginia Land Trust (Rupert Cutler, Executive Director) 5:45 P.M. PRESENTED BY RUPERT CUTLER 3. Discussion on Legislative program for 1999 session of General Assembly. BOARD CONSENSUS NOT TO MAKE CHANGES TO RESO 4. Discussion on proposed Dangerous Dog Ordinance BOARD CONSENSUS NOT TO MAKE CHANGES TO ORD PMM TO GET ATTORNEY GENERAL OPINION ON STATE CODE REFERENCES TO DANGEROUS DOG. RETURNED TO REGULAR SESSION AT 7:30 P.M. NEW BUSINESS AND READING OF ORDINANCE (CONTINUED FROM AFTERNOON SESSION) 1. Approval of a resolution adopting a legislative program for the 1999 session of the Virginia General Assembly TO be submitted TO VACo. (Paul Mahoney, County Attorney) R-060998-6 BLJ MOTION TO APPROVE RESO AYES-HOM,FFH,BLJ 9 NAYS-JPM, HCN 2. First reading of ordinance amending and reenacting Section 5-21, definitions; Section 5-26.1 Dangerous Dogs: Vicious Dog; Penalties: Procedures; Section 5-26.2 Licensure of Dangerous Dort; and Section 5-44 Tax Imposed of Article II. Dogs, Cats and other Animals of Chapter 5 Animals and Fowls of the Roanoke County Code TO provide procedures for Community Service Officers TO determine a dog TO be a dangerous dog. (Paul Mahoney, County Attorney) 0-060998-7 HCN MOTION TO WAIVE 1ST READING BECAUSE OF EMERGENCY SITUATION, HOLD SECOND READING AND ADOPT ORD URC BLJ ASKED THAT MHA PROVIDE EVALUATION FORMS TO EACH BOARD MEMBER FOR PMM AND ECH. Q. EXECUTIVE SESSION pursuant TO the Code of Virginia Section 2.1-344 A EXECUTIVE SESSION NOT HELD R. CERTIFICATION RESOLUTION S. ADJOURNMENT BLJ ADJOURNED AT 7:35 P.M. 10 Cautttv Xivano-he ROANOKE COUNTY BOARD OF SUPERVISORS AGENDA JUNE 9, 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: John M. Chambliss, Jr. Assistant County Administrator 3. Pledge of Allegiance to the United States Flag B. REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF AGENDA ITEMS C. PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND AWARDS 1. Proclamation declaring the week of June 7 - 14, 1998 as United States Army Week and the weekend of June 13 and 14, 1998 as Army Birthday weekend. i e Recycled Paper D. BRIEFINGS E. NEW BUSINESS 1. Approval of a resolution adopting a legislative program for the 1999 session of the Virginia General Assembly to be submitted to VACo. (Paul Mahoney, County Attorney) 2. Request to appropriate donation in the amount of $10,000 from Lowe's to the Kiwanis Club to assist with the renovation of Camp Roanoke. (Pete Haislip, Parks and Recreation Director) 3. Request for $40,000 appropriation for the remediation of the Cave Spring Fire Station underground storage tank site. (William Rand, General Services Director) F. FIRST READING OF ORDINANCES 1. Ordinance to increase the salaries of the members of the Board of Supervisors of Roanoke County. (Paul Mahoney, County Attorney) 2. First reading of ordinance amending and reenacting Section 5-21, definitions; Section 5-26.1 Dangerous Dogs; Vicious Dog: Penalties; Procedures; Section 5-26.2 Licensure of Dangerous Dog; and Section 5-44 Tax Imposed of Article II. Dogs, Cats and other Animals of Chapter 5 Animals and Fowls of the Roanoke County Code to provide procedures for Community Service Officers to determine a dog to be a dangerous dog. (Paul Mahoney, County Attorney) 3. First reading of ordinance to vacate an existing 20-foot access easement on Tots 4 and 5 in Phase I of Wexford Subdivision in the Windsor Hills Magisterial District, shown in Plat Book 16, Page 122. (Arnold Covey, Director of Community Development) 4. Ordinance to vacate an existing 15-foot access easement 2 along the northern boundary of lot 20 and extending northerly along the eastern (rear) lot lines of lots 19, 18, and 17 and to vacate an existing 10 foot access drive and 15-foot stormwater management access easement along the boundary between lot 13 and lot 14A in Wexford at Steeplechase Subdivision, and resubdivision of Wexford at Steeplechase in Windsor Hills Magisterial District. (Arnold Covey, Director of Community Development) G. SECOND READING OF ORDINANCES 1. Second reading of ordinance enacting Section 13-13.1, of the Roanoke County Code, Authorized Disposal of Trash, Unlawful Scavenging or Handling of Trash. (CONTINUED FROM MAY 12, 1998) (Joseph Obenshain, Sr. Assistant County Attorney) 2. Second reading of ordinance appropriating the funds for the fiscal year 1998/99 budget. (Brent Robertson, Budget Manager) H. APPOINTMENTS 1. Community Policy and Management Team 2. Fifth Planning District Commission 3. League of Older Americans Advisory Council 4. Parks and Recreation Advisory Commission 5. Roanoke Valley Regional Cable TV Committee 6. Virginia Western Community College 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 3 LISTED BELOW. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY. 1. Approval of Minutes for May 12, 1998 2. Confirmation of committee appointments to the Fifth Planning District Commission, the Highway and Transportation Safety Commission, the Parks and Recreation Advisory Commission and the Roanoke Valley Detention Commission. 3. Ratification of appointment to the Community Policy and Management Team (CPMT). 4. Request from Schools to accept $725,000 technology grant to purchase computers, peripherals and networking for instructional use. 5. Request for adoption of a resolution approving the submission of a Virginia Recreation Trails Grant application for Wolf Creek Greenway. 6. Authorization to proceed within budget with the construction of bunkrooms and restrooms at Fort Lewis and Hollins Fire and Rescue Stations. (William Rand, General Services Director) J. REQUESTS FOR WORK SESSIONS K. REQUESTS FOR PUBLIC HEARINGS L. CITIZENS' COMMENTS AND COMMUNICATIONS M. REPORTS AND INQUIRIES OF BOARD MEMBERS N. REPORTS 1. General Fund Unappropriated Balance 4 2. Capital Fund Unappropriated Balance 3. Board Contingency Fund 4. Report on status of the Cellular Tower Policy Committee 5. Report on Phase II - R. R. Donnelley 6. Report on the Dixie Caverns water/sewer extension O. SENIOR CITIZENS HALL OF FAME AWARDS AND RECEPTION (4:15 P.M.) The reception will be held on the fourth floor of the Administration Center. P. WORK SESSIONS (4TH FLOOR CONFERENCE ROOM) 1. Work Session on Greenways (Liz Belcher, Greenway Coordinator) 2. Work Sessions on the Western Virginia Land Trust (Rupert Cutler, Executive Director) Q. EXECUTIVE SESSION pursuant to the Code of Virginia Section 2.1-344 A R. CERTIFICATION RESOLUTION S. ADJOURNMENT 5 c- i AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JUNE 9, 1998 PROCLAMATION DECLARING THE WEEK OF JUNE 7 THROUGH 14 AS UNITED STATES ARMY WEEK AND THE WEEKEND OF JUNE 13 AND 14 AS ARMY BIRTHDAY WEEKEND WHEREAS, the United States Army was established by the Second Continental Congress on the 14th day of June, 1775; and WHEREAS, the Congress directed that "..two companies of expert riflemen be immediately raised...in Virginia...as soon as completed, march and join the army near Boston to be there employed as Tight infantry... to assist our brethren in expelling the tyranny of the British Army;" and WHEREAS, the United States Army remains the primary military service to protect and establish land power in the defense of our citizens' freedoms and our nation's security interests; and WHEREAS, many citizens of western and southwestern Virginia have served their nation and given the ultimate sacrifice in defense of our freedoms, as members of the United States Army; and, WHEREAS, it is proper to recognize the United States Army on its 223rd birthday, and to thank those who have served and those who are presently serving to protect our nation and its freedoms. THEREFORE, BE IT PROCLAIMED by the Board of Supervisors of Roanoke County, Virginia, that the period from June 7 through June 14, 1998, be known as United States Army week, and that the weekend of June 13 and 14, 1998, be set aside as Army Birthday Weekend; FURTHER the Board encourages all of the citizens of Roanoke County, Virginia, and of the surrounding areas to join the Virginia Army National Guard, the Army Reserve and the components of the Active Army, along with the Thomas J. 'Stonewall', Jackson Chapter of the Association of the United States Army in their display and show of today's Army at the National Guard Armory and vicinity on Reserve Avenue, Roanoke, during the 13th and 14th of June, 1998. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JUNE 9, 1998 RESOLUTION 060998-6 RECOMMENDING PROPOSALS FOR THE VIRGINIA ASSOCIATION OF COUNTIES 1999 LEGISLATIVE PROGRAM, 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 1999 session of the Virginia General Assembly; and WHEREAS, the Board hereby recommends these issues to its state-wide organization, the Virginia Association of Counties, for consideration in the adoption of its legislative program; and WHEREAS, the Board adopts this resolution as its Legislative Program for the Virginia Association of Counties for the 1999 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 to the Virginia Association of Counties for its legislative program for the 1999 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 Constitution of the Commonwealth of Virginia should be amended 1 to provide that elected school boards may be granted the authority and responsibility for taxation to support public education. 2) 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. 3) Local school divisions should be authorized to establish opening dates for school. 4) 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. B. Roanoke County supports legislation relieving local governments of the responsibility of meeting recycling rates on all wastes collected 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. Section 10.1-1411 imposes a 25% recycling mandate on local governments. The 2 General Assembly has severely limited the ability of local govemments to regulate the flow of waste. This proposal would relieve local governments of the responsibility of meeting this recycling mandate on all wastes collected by private haulers. It would also require that private haulers be subject to the same recycling mandates as local governments. C. Roanoke County supports additional new construction and maintenance funding for the Virginia Department of Transportation for secondary and primary roads. Additional funding for new construction projects will address critical transportation needs of all local governments. Additional maintenance funding shall be used for an expanded program to mow grass and weeds, and inspect and clean drainage pipes and culverts. D. 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. Roanoke County supports legislation amending Section 14.1-46.01:1 to increase the salary supplement for the Chairman of the Board of Supervisors from $1,800 to $2,500 per year. F. 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. G. Roanoke County vigorously opposes any attempt to restrict or eliminate local 3 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. H. Roanoke County supports authority to impose an additional one-half percent ('/%) local option sales tax. I. Roanoke County supports expanding local authority to create transportation districts, to impose local option motor vehicle fuels taxes, and to expend these tax proceeds for local transportation improvements. J. Roanoke County supports legislation appropriating funds and directing the State Compensation Board to modify staffing standards for local jails and court services positions for Sheriffs offices. K. 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. L. Roanoke County supports increasing state aid for public libraries by $1.4 Million FY 2000; That the Commonwealth fully fund state aid by FY 2001; that sales tax exemptions be provided for organizations that support public libraries; and that the Commonwealth shall adopt and fund a statewide technology plan and Internet access 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 M. Spot Blight. Amend Sec. 36-49.1:1.F to allow all counties to impose liens for the recovery of the costs for spot blight removal in the manner currently allowed the urban county executive form of government. N. Amend sec. 56-414 to allow counties to regulate the sounding of train whistles at railroad crossings. 0. Amend Sec. 15.2-901 (weeds and trash) and 15.2-904 (inoperable motor vehicles) to allow enforcement through the use of civil penalties, as authorized for violations of zoning ordinances under Sec. 15.2-2209, or for violations of erosion and sediment control ordinances under Sec. 10.1-562.J. II. That the Clerk to the Board of Supervisors is directed to send a certified copy of this resolution to the Virginia Association of Counties. On motion of Supervisor Johnson to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Minnix, Harrison, Johnson NAYS: Supervisors McNamara, Nickens A COPY TESTE: Mary H. Allen, CMC Clerk to the Board of Supervisors cc: File Paul M. Mahoney, County Attorney James D. Campbell, Executive Director, VAC 5 ACTION NO. ITEM NO. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: June 9, 1998 AGENDA ITEM: RESOLUTION RECOMMENDING PROPOSALS FOR THE VIRGINIA ASSOCIATION OF COUNTIES 1999 LEGISLATIVE PROGRAM, AND REQUESTING THE VIRGINIA ASSOCIATION OF COUNTIES TO FAVORABLY CONSIDER THE TOPICS AND ISSUES ADDRESSED HEREIN COUNTY ADMINISTRATOR'S COMMENTS: EXECUTIVE SUMMARY: This Resolution advises the Virginia Association of Counties (VACo) of the issues or specific proposals that the Board of Supervisors of Roanoke County wishes to have addressed in VACo's 1999 Legislative Program. BACKGROUND: Each year at this time VACo requests its members to advise it of issues or specific proposals having statewide application for inclusion in its legislative program for the upcoming session of the Virginia General Assembly. VACo has requested our proposals by June 15, 1998. On May 7, 1998, I advised the Board, County department heads and Constitutional Officers of the VACo request for contributions to the 1999 Legislative Program, and suggested that any proposals be submitted to me for submittal to the Board at its meeting on June 9, 1998. SUMMARY OF INFORMATION: Attached to this report is a copy of the Resolution adopted by the Board on May 27, 1997. The following suggestions have been submitted to me for inclusion in the legislative program: 1) Mr. Minnix requests that Sec. 56-414 be amended to allow counties to regulate the sounding of train whistles at railroad 1 crossings. 2) The Library Board requests Board support for full funding for the state aid formula for public libraries, including a continuation of $1.4 Million for the second year of the biennium budget; support for Library of Virginia programs, services and collections, and in particular support for the Public Library Development and Networking Division; support for the statewide technology plan and Internet access (recommendation of the Library of Virginia's and Joint Commission on Technology and Science), and extension of sales tax exemptions for organizations that support public libraries. 3) Amend Sec. 36-49.1:1.F to allow all counties (instead of just urban county executive counties) to impose liens to recover the costs of spot blight removal. 4) Amend Sec. 15.2-901 (weeds and trash) and 15.2-904 (inoperable motor vehicles) to allow enforcement through the use of civil penalties, as authorized for violations of zoning ordinances under Sec. 15.2-2209, or for violations of erosion and sediment control ordinances under Sec. 10.1-562.J. STAFF RECOMMENDATION: It is recommended that the Board favorably consider the adoption of the attached Resolution. Respectfully submitted, Paul M. Mahoney County Attorney No Yes Abs Approved ( ) Motion by Harrison Denied ( ) Johnson Received ( ) McNamara Referred ( ) Minnix to Nickens 2 E--I AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JUNE 10, 1997 RESOLUTION 061097-1 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 hereby recommends these issues to its state-wide organization, the Virginia Association of Counties, for consideration in the adoption of its legislative program; and WHEREAS, the Board adopts this resolution as its Legislative Program for the Virginia Association of Counties 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 to the Virginia Association of Counties for its legislative program for the 1998 session of the Virginia General Assembly for its favorable consideration and adoption. I. 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 Constitution of tOe Commonwealth of Virginia should be amended 1 to provide that elected school boards may be granted the authority and responsibility for taxation to support public education. 2) 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. 3) Local school divisions should be authorized to establish opening dates for school. 4) 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. B. Roanoke County supports legislation amending the heart/lung/cancer presumption statute for Workers' Compensation to restore balance to the rebuttal process. Compensability shall be determined by establishing whether work or non -work related risk factors (life-style choices such as smoking, poor nutritional habits, lack of exercise, or obesity, or non -work related stress and familial history) are more likely the primary cause of the medical condition. In addition, Roanoke County opposes any further expansion of this statute. 2 E-1 C. Roanoke County supports legislation relieving local governments of the responsibility of meeting recycling rates on all wastes collected 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. Section 10.1-1411 imposes a 25% recycling mandate on local governments. The General Assembly has severely limited the ability of local governments to regulate the flow of waste. This proposal would relieve local governments of the responsibility of meeting this recycling mandate on all wastes collected by private haulers. It would also require that private haulers be subject to the same recycling mandates as local governments. D. Roanoke County supports additional new construction and maintenance funding for the Virginia Department of Transportation for secondary and primary roads. Additional funding for new construction projects will address critical transportation needs of all local governments. Additional maintenance funding shall be used for an expanded program to mow grass and weeds, and inspect and clean drainage pipes and culverts. E. 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. F. Roanoke County supports legislation amending Section 14.1-46.0:1 to 3 increase the salary supplement for the Chairman of the Board of Supervisors from $1,800 to $2,500 per year. G. Roanoke County supports continued and increased funding for the Comprehensive Services Act, the Virginia Community Juvenile Crime Control Act, the Family Preservation Act, and local police departments (HB 599 funding). H. Roanoke County supports continued and increased funding for Regional Competitiveness Act. I. 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. J. Roanoke County supports authority to impose an additional one-half percent (1, %) local option sales tax. K. Roanoke County supports expanding local authority to create transportation districts, to impose local option motor vehicle fuels taxes, and to expend these tax proceeds for local transportation improvements. L. Roanoke County supports legislation appropriating funds and directing the State Compensation Board to modify staffing standards for local jails and court services positions for Sheriffs offices. M. 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 4 authorize the Department of Waste Management to utilize the increased Waste Tire Trust Fund to remediate illegal or abandoned waste tire dumps. N. 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. II. That the Clerk to the Board of Supervisors is directed to send a certified copy of this resolution to the Virginia Association of Counties. On motion of Supervisor Minnix to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Nickens, Johnson NAYS: None ABSENT: Supervisor Harrison A COPY TESTE: Mary H. Allen, CMC Clerk to the Board of Supervisors cc: File Paul M. Mahoney, County Attorney James D. Campbell, Executive Director, VAC 5 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JUNE 9, 1998 RESOLUTION RECOMMENDING PROPOSALS FOR THE VIRGINIA ASSOCIATION OF COUNTIES 1999 LEGISLATIVE PROGRAM, 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 1999 session of the Virginia General Assembly; and WHEREAS, the Board hereby recommends these issues to its state-wide organization, the Virginia Association of Counties, for consideration in the adoption of its legislative program; and WHEREAS, the Board adopts this resolution as its Legislative Program for the Virginia Association of Counties for the 1999 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 to the Virginia Association of Counties for its legislative program for the 1999 session of the Virginia General Assembly for its favorable consideration and adoption. I. 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. G:\ATTORNEY\PMM\99LEGVAC.RES 1 1) The Constitution of the Commonwealth of Virginia should be amended to provide that elected school boards may be granted the authority and responsibility for taxation to support public education. 2) 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. 3) Local school divisions should be authorized to establish opening dates for school. 4) 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. B. Roanoke County supports legislation relieving local governments of the responsibility of meeting recycling rates on all wastes collected 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 G:\ATTORNEY\PMM\99LEGVAC.RES 2 to meeting the same recycling rates and requirements as the local governments. Section 10.1-1411 imposes a 25% recycling mandate on local governments. The General Assembly has severely limited the ability of local governments to regulate the flow of waste. This proposal would relieve local governments of the responsibility of meeting this recycling mandate on all wastes collected by private haulers. It would also require that private haulers be subject to the same recycling mandates as local governments. C. Roanoke County supports additional new construction and maintenance funding for the Virginia Department of Transportation for secondary and primary roads. Additional funding for new construction projects will address critical transportation needs of all local governments. Additional maintenance funding shall be used for an expanded program to mow grass and weeds, and inspect and clean drainage pipes and culverts. D. 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. Roanoke County supports legislation amending Section 14.1- 46.01:1 to increase the salary supplement for the Chairman of the Board G:\ATTORNEY\PMM\99LEGVAC.RES 3 of Supervisors from $1,800 to $2,500 per year. F. 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. G. 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. H. Roanoke County supports authority to impose an additional one-half percent (%) local option sales tax. I. Roanoke County supports expanding local authority to create transportation districts, to impose local option motor vehicle fuels taxes, and to expend these tax proceeds for local transportation improvements. J. Roanoke County supports legislation appropriating funds and directing the State Compensation Board to modify staffing standards for local jails and court services positions for Sheriff's offices. K. 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 G:\ATTORNEY\PMM\99LEGVAC.RES 4 E 1 abandoned waste tire dumps. L. Roanoke County supports increasing state aid for public libraries by $1.4 Million FY 2000; That the Commonwealth fully fund state aid by FY 2001; that sales tax exemptions be provided for organizations that support public libraries; and that the Commonwealth shall adopt and fund a statewide technology plan and Internet access 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. M. Spot Blight. Amend Sec. 36-49.1:1.F to allow all counties to impose liens for the recovery of the costs for spot blight removal in the manner currently allowed the urban county executive form of government. N. Amend sec. 56-414 to allow counties to regulate the sounding of train whistles at railroad crossings. 0. Amend Sec. 15.2-901 (weeds and trash) and 15.2-904 (inoperable motor vehicles) to allow enforcement through the use of civil penalties, as authorized for violations of zoning ordinances under Sec. 15.2-2209, or for violations of erosion and sediment control ordinances under Sec. 10.1-562.J. II. That the Clerk to the Board of Supervisors is directed to send a certified copy of this resolution to the Virginia Association of Counties. G:\ATTORNEY\PMM\99LEGVAC.RES 5 Action No. A-060998-1 Item Number " AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: June 9,1998 AGENDA ITEM: Request to appropriate donation in the amount of $10,000 from Lowes to the Kiwanis Club to assist with the renovation of Camp Roanoke. County Administrators Comments: Summary of Information: of&edi The Kiwanis Club of Roanoke has adopted the renovation of the Lodge building at Camp Roanoke as a community service project for their club. This renovation is estimated to cost in excess of $12,000. Several Kiwanis members approached Lowes, Inc. to solicit contributions to support this project which resulted in a donation of $10,000 towards the Kawanis project. Roanoke County has received these funds which need to be appropriated to the Kiwanis Club so they can proceed with the renovation. Fiscal Impact: None. this is a pass through to the Kiwanis Club. Staff Recommendation: Staff recommends appropriating $10,000 to the Kiwanis Club with the understanding that the entire amount will be spent at Camp Roanoke on the renovation of the Lodge or other facilities at the Camp. Submitted by: at //awl-L/4o Pete Haislip, Director Parks and Recreation Approved by: Elmer Hodge County Administrator ACTION VOTE No Yes Abs Approved (x) Motion by: Fenton F. Harrison to Harrison — x Denied ( ) approve donation to Kiwanis Johnson _ x — Received ( ) McNamara — x Referred ( ) Minnix — x To () Nickens _ x cc: File Pete Haislip, Director, Parks & Recreation Diane D. Hyatt, Director, Finance A-060998-2 ACTION NO. ITEM NUMBER E7-3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: June 9, 1998 AGENDA ITEM: Request for an Additional Appropriation for the Remediation of the Cave Spring Fire Station Underground Storage Tank Site COUNTY ADMINISTRATOR'S COMMENTS: -‘,"4 av77C'9 lefrvir BACKGROUND: The Department of General Services has been coordinating the removal of underground storage tanks on county properties. $221,356.13 was previously appropriated for the removal of tanks at county sites. We were unable to predict the cost of any remedial action that might be required from tanks which had leaked product into the soil or which may have ruptured during removal. Once work starts on a particular site, you must continue with the remediation of that site under the guidelines established by the Virginia Department of Environmental Quality (VDEQ) using contractors who are qualified and licensed to handle environmental monitoring and clean-up of such sites. To date, tank closure (removal of the old tank, site remediation if required, and installation of newer, smaller, above ground tanks) has been completed and approved at the Catawba Fire Station, Hollins Public Safety Building, Mason's Cove Pubic Safety Building, Mt. Pleasant Public Safety Building, Ft. Lewis Public Safety Building, Clearbrook Public Safety Building, Bent Mountain Public Safety Building, the Roanoke County -Salem Jail, and Kessler Mill Public Service Center. A total of 15 tanks have been removed, 14 above ground tanks have been installed, and these sites have been closed. The Cave Spring Fire Station site had petroleum concentrations that required a site characterization report and remediation plan. On - site testing and tests of waterwells down grade from the station indicated that the petroleum products had not migrated far away from the tank pit. The proposed VDEQ remediation plan calls for the over -excavation of the tank site. This excavation will be approximately 500 tons of impacted soil that will be transported by an authorized hauler to a certified disposal facility. The site will then be backfilled with low permeability material to inhibit the vertical migration of surface water, which would tend to cause the horizontal migration of any remaining petroleum product. Due to the large size and proximity of the excavation, steel sheet pile shoring has been included in the proposal pricing. FISCAL IMPACT: The proposed contract change order to implement the VDEQ Remediation Plan is $40,000.00. On -site testing will be performed when the excavation reaches the planned dimensions. Should the test results indicate petroleum concentrations that exceed permissible limits, additional remediation and funding may be required. STAFF RECOMMENDATION: Er✓ Staff recommends appropriating $40,000.00 from the unappropriated fund balance. Respectfully s •mitted, William J. Rand, III Director of General Services Approved by, Elmer C. Hodge County Administrator ACTION VOTE No Yes Abs Approved (x ) Motion by: H. Odell Minnix to Harrison _ x Denied ( ) appropriate $40.000 from unappro- Johnson _ x Received ( ) priated balance, amended by Harry McNamara _ x Referred ( ) C. Nickens that funds will be Minnix _ x _ To ( ) reimbursed by dept rollovers after Nickens _ x 7/1/98 cc: File William J. Rand, III, Director, General Services Diane D. Hyatt, Director, Finance W. Brent Robertson, Budget Manager Richard Burch, Chief, Fire & Rescue Description Original Contract Remote Dispensers, Guard Posts, etc. Initial Abatement Reports - (5) Sites Site Characterization Report - Bent Mountain Catawba - Relocate Tank On Site Additional Analysis, Water Disposal, Transfer Fuel & Restrictors N E 2 0 O a 'o E N • a) -a a o m U L.L. • m E ca o ~� N Z 0 a O U O µ- To c0 = o Ls"- n o 0 0 Close and Seal Monitoring Wells At Clearbrook aCI r I-- o 0 u_ cn 00 0 0 c E E a) I-- co o v 0 0 0 0 0 0 0 0 0 0) 0 0 o 'I- 0 0 0 0 0 0 0 0 0 Ln 0 O �l) O O (0 (0 O ri (0 O 0 c0 N O O L 0 (0 N 0 0 (0 CO 0 0 CO L 0 — 0 (0 CO CO CO CO 6 N LO N CO 0 O 0 K3 ER ER- ER 69 6▪ 9▪ - ER 69 di E a Contract Items Original Contract Change Order Change Order Change Order Change Order Change Order Change Order Change Order Change Order Change Order Change Order Change Order Change Order Change Order Grand Total - Committed To Date $221,396.13 532o Peters Creek Road, Suite D, Roanoke, Virginia 24019 t i May 29, 1998 Mr. John F. Patten County of Roanoke 1216 Kessler Mill Road Salem, Virginia 24153 Subject: Phase 11 Initial Abatement Measures Soil Excavation and Disposal Proposal for Contract Change Order CP96-39 Cave Spring Fire ancfRescue Station Cave Spring, Roanoke County, Virginia Dear Mr. Patten: Pursuant to the request of the County of Roanoke, and the Virginia Department of Environmental Quality (VDEQ) correspondence to the County of Roanoke dated May 11, 1998 (attached), the following is a Proposal/ Change Order Request for Phase II Initial Abatement Measures at the above referenced facility. The VDEQ correspondence, based on the technical review of the Site Characterization Report (SCR) prepared by Earth Tech (dated March 6, 1998), approved excavation of contaminated soil in the vicinity of the former underground storage tanks (USTs) as a remedial action at the Cave Spring Fire and Rescue Station. A soil remediation end -point of 230 mg/kg TPH (refer to the Earth Tech SCR), approved by the VDEQ, is the excavation goal. Soil Excavation and Removal Scope Telephone 5 41) 54" 563.4193 Facsimile 563.4196 A volume of approximately 350 cubic yards (500 tons) has been calculated for the soil volume in the former UST pit. A trackhoe is proposed to excavate the soil. It is proposed to excavate impacted soil to a depth of approximately 12 to 15 feet BG, based on the site characterization and UST closure data. Because of the proximity of the former UST pit to the Fire and Rescue Station foundation, sheeting and shoring has been included in this proposal. Earth Tech will attempt to segregate the clean fill material, to the extent practicable, which was emplaced in the top portion of the former UST pit during UST closure activities. However, because of site size constraints, access issues, and potential time/cost considerations, it may be necessary and/or more cost effective to excavate and haul all soil as impacted. The estimate of 500 tons is for the entire UST pit volume. The impacted soil will be transported by an authorized hauler to a certified/regulated disposal facility for petroleum impacted material. Backfilling of the excavation will be accomplished with clay, or predominantly clay (low permeability) material from off -site which would compact easily. The clay will be placed in lifts, and compacted. The use of clay material will inhibit vertical migration of surface water, which will further reduce potential migration of the existing dissolved hydrocarbons in the vicinity of the former UST pit area, or potential mobilization of any remaining residual phase hydrocarbons. The top portion will be completed with crusher run stone as a base for future blacktop surfacing. E A R T ECH Page 1 of 3 A 'NCO INTERNATIONAL LTD COMPANY Page 2 of 3 Mr. John Patten May 29, 1998 During excavation activities, soil will be scanned with a photoionization detector (PID) to determine the actual extent of removal necessary. Following removal of impacted soil to the degree feasible (based on occurrence, and slope and foundation stability considerations), post -excavation samples will be collected from the pit bottom and sidewalls to confirm final pit conditions. This proposal includes four pit bottom samples, and four sidewall samples. The samples will be analyzed for total petroleum hydrocarbons - gasoline and diesel range organics (TPH-GRO/DRO) and BTEX (benzene, toluene, ethylbenzene, and xylenes). The impacted soil will be accepted by the disposal facility using existing analytical data. Therefore, soil disposal characterization samples are not required. This proposal assumes that excavation and backfilling will be completed in approximately five working days, upon commencing on -site activities. Prior to scheduling site activities, Earth Tech will submit a VDEQ Activity Authorization Form to the VDEQ- Roanoke office for approval. This is necessary for potential reimbursement from the Virginia Petroleum Storage Tank Fund (VPSTF). Following removal of soil, and collection of post -excavation samples, a Phase II Initial Abatement Measures Report detailing site remedial activities will be provided to the VDEQ. This report will include all sample results, PID data, soil disposal manifests, and a summary of all activities. Cost Estimate This project will be conducted on lump sum basis in accordance with the referenced scope of services. The estimated cost of the project as proposed above is $ 40,000.00. As discussed with the County of Roanoke, in the event that less than 500 tons of impacted soil is excavated/disposed, the County will be credited for the reduction in disposal and associated backfill costs. Similarly, in the event that the site does not require sheeting and shoring, the County will be credited for these costs. This proposal does not include paving costs. Those costs are associated with the original UST upgrade contract. Because of the proximity of the generator to the former UST pit area, there exists the potential for sidewall collapse in the vicinity of the generator and pad. Hence, the generator must be temporarily disconnected and relocated. As previously discussed with the County, temporary disconnection and relocation of the emergency generator will be handled by the County of Roanoke. It should be noted, however, that in the event the soil disposal total exceeds 500 tons, a change order for additional excavation and backfill costs will be requested. Schedule Upon receipt of a written "Notice to Proceed" from the County of Roanoke, Earth Tech will commence scheduling site activities. The actual schedule will be dependent on weather conditions, staff availability, and disposal contractor availability. E A R T ECH A two INTERNATIONAL LTD. COMPANY Page 3 of 3 Mr. John Patten May 29, 1998 If you should have any questions, or require additional information, please feel free to contact me in Roanoke at 563-4193, or voice mail (800) 462-4046, Box #15077. Our Roanoke fax number is 563-4196. Sincerely, Earth Tech, Inc. Eric M. Jensen Project Manager/Geologist Attachments c:/emj/cavespr/soi l pro. doc E A R T H TECH A tgc0 INTERNATIONAL LTD. COMPANY ACTION NO. ITEM NO. F- ! AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: June 9, 1998 AGENDA ITEM: ORDINANCE TO INCREASE THE SALARIES OF THE MEMBERS OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY PURSUANT TO SECTION 3.07 OF THE ROANOKE COUNTY CHARTER AND SECTION 14.1-46.01:1 OF THE CODE OF VIRGINIA COUNTY ADMINISTRATOR'S COMMENTS: BACKGROUND: On June 10, 1997, the Board adopted an ordinance to increase its salaries pursuant to the provisions of Section 14.1-46.01:1 of the 1950 Code of Virginia, as amended. This section of the State Code and Section 3.07 of the County Charter require that any increase in Supervisors' salaries be accomplished by ordinance after public hearing between May 1 and June 30. Any increase is limited to an annual five (5%) percent inflation factor. SUMMARY OF INFORMATION: The first reading of this proposed ordinance was held on June 9, 1998; the second reading and public hearing is scheduled for June 23, 1998. The current salary for Board members is $11,473.36. There is an additional annual compensation for the Chairman of the Board at $1,800 and for the Vice -Chairman at $1,200. FISCAL IMPACTS: A 5.0% increase would cost $2,868.34 ($573.67 each). The new salary for each Board member would be $12,047.03. A 3.0% increase would cost $1,721.00 ($344.20 each). The new salary for each Board member would be $11,817.56. 1 ectfully submitted, )\, ,iiiiN\9\prAfty Mahoney Paul M. County Attorney Approved ( ) Motion by Harrison Denied ( ) Johnson Received ( ) McNamara Referred ( ) Minnix to Nickens No Yes Abs 2 F-I AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JUNE 9, 1998 ORDINANCE TO INCREASE THE SALARIES OF THE MEMBERS OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY PURSUANT TO SECTION 3.07 OF THE ROANOKE COUNTY CHARTER AND SECTION 14.1-46.01:1 OF THE CODE OF VIRGINIA WHEREAS, Section 3.07 of the Charter of the County of Roanoke provides for the compensation of members of the Board of Supervisors and the procedure for increasing their salaries; and WHEREAS, Section 14.1-46.01:1 of the 1950 Code of Virginia, as amended, establishes the annual salaries of members of boards of supervisors within certain population brackets; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, has heretofore established the annual salaries of Board members at $11,473.36 by Ordinance 061097-4 and further has established the additional annual compensation for the chairman for the Board to be $1,800 and for the vice-chairman of the Board to be $1,200; and WHEREAS, this section provides that the maximum annual salaries therein provided may be adjusted in any year by an inflation factor not to exceed five (5%) percent; and WHEREAS, the first reading on this ordinance was held on June 9, 1998; the second reading and public hearing was held on June 23, 1998. NOW, THEREFORE, it is hereby ORDAINED by the Board of Supervisors of Roanoke County, Virginia, that the annual salaries of members of the Board of Supervisors of Roanoke County, Virginia, are hereby increased 3 F 1 by an inflation factor of % pursuant to the provisions of Section 3.07 of the Roanoke County Charter and Section 14.1-46.01:1 of the 1950 Code of Virginia, as amended. The new annual salaries shall be $ for members of the Board. In addition, the chairman of the Board will receive an additional annual sum of $1,800 and the vice- chairman of the Board will receive an additional sum of $1,200. This ordinance shall take effect on July 1, 1998. 4 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JUNE 9, 1998 ORDINANCE 060998-7 AMENDING AND REENACTING SECTION 5-21, DEFINITIONS, SECTION 5-26.1 DANGEROUS DOGS: VICIOUS DOG: PENALTIES: PROCEDURES, SECTION 5-26.2 LICENSURE OF DANGEROUS DOG AND SECTION 5-44 TAX IMPOSED OF ARTICLE II. DOGS, CATS AND OTHER ANIMALS OF CHAPTER 5 ANIMALS AND FOWLS OF THE ROANOKE COUNTY CODE TO PROVIDE PROCEDURES FOR COMMUNITY SERVICE OFFICERS TO DETERMINE A DOG TO BE A DANGEROUS DOG WHEREAS, on July 27, 1993, the Roanoke County Board of Supervisors enacted a Dangerous Dog ordinance for the county in accordance with the authority granted by Section 3.1-796.93:1 of the Code of Virginia, 1950, as amended; and WHEREAS, the 1997 session of the General Assembly of Virginia has amended § 3.1-796.93:1 to provide, among other changes, for procedures by which animal wardens are authorized to undertake investigations and make determinations as to whether a dog is a dangerous dog along with procedures for court review; and WHEREAS, in the interest of public safety, convenience, and general welfare, the Board of Supervisors desires to amend those portions of the Roanoke County Code which established a dangerous dog ordinance in order to clarify the definition of dangerous dog and the procedures by which a dog can be declared to be dangerous; and WHEREAS, the first reading of this ordinance was held on June 9, 1998; and the second reading and public hearing will be held on June 23, 1998. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, that Article II. DOGS, CATS AND OTHER ANIMALS of Chapter 5, ANIMALS AND FOWLS be amended and reenacted as follows: Sec. 5-21. Definitions. For the purposes of this article, the following words and phrases shall have the meaning ascribed to them by this section, unless otherwise indicated to the contrary: gat Dangerous doa: Any dog;:a`ri It"Iluf1 monwe ...................... III een :declared dan emus irnurlif errice { reE ion era1 Doa: Every dog Dr!a canine .. ...................................... n, SSl 2 , regardless of age. berm conseC EU noe:0 Vicious dog: Any dog;, v�l s esti arinj .................... person; (2) r#1 utud inflicts serious n is:e ............... eseril nseCI've ree .............. ............... rnnari e+ a erinari resenfe -enforcement ea or which had (1) C[fi +I+s a injury wound to a person, including multiple bites, rou disfigurement, 'serious impairment of health, or irrr function; or (3) continued finding by a court i 1 .................................................... �tS:4wnet;kla� %'een impairment of a bodily continues to exhibit the behavior which resulted in a previous mu ven rto li `ic'er that it is a dangerous dog; at Nina or (4) which has been found vicious by any general district court or circuit court of this commonwealth. Sec. 5-26.1 Dangerous dogs; vicious dog; penalties; procedures. (c) Procedures. ss tarrant regunn. ne r .............. oarl Ustod ian, sps,0tt1� 3 an erou Ue it `66110 ou i. i 0 ani ono F e AdYtAgil itreaners *.' •• . . When a warrant has been obtained or a summons issued pursuant to this section, the Community Service Officer and/or police officer may, in his discretion, confine the dog until such time as evidence shall be heard and a verdict rendered. OtherMse,the•••::o• • stodtarvshaftzo ifinethedoun " iii414146041010410*.1.14t#0. 1 The court may, through its contempt power, compel the of any dog to produce it for the Community Service Officer and/or police officer. In the event any dog is found to be a dangerous dog or a vicious dog, the owner custo a n of such dog shall be responsible for payment to the county of any expenses of impounding and keeping the dog pending disposition of the case at the rate prescribed by the county board of supervisors. (2 ..•.•:•••••••••••••••• and4ritterf:notiOe tolhe'oiiiner:or custodi .• ete a g ercsc" an 0 ......... POW. :.!•§0greesm : : : he Community M1 so dete rewne rmi riesadotobe owner ••••— ie Community Service Officer's determination, may appe determination to the Roanoke Distrii •• ...hkOWEJOC.'OtaOt Odi thecustodia requirements... 111*Dhatte6 •••ar ans Jf§titttiL!Okthe merits. mal found to be a dangerous c 4 onsi is a minor, ...• in producing and Irt1201. 1 utrea Ivrginiaorasscess e costs incurred by the count red by ordi •-•-r ens • graining ::•tUE]. Sec. 5-26.2. Licensure of dangerous dog. (a) The owner ordoetwidiAii of any dog found by a court • .• ••: 1:1flII to be a dangerous dog shall, within ten (10) days of such finding, dangerous dog license from the treasurer by paying the fee required by section obtain a of this Code. The treasurer shall provide the owner �routodan with a uniformly designed tag which identifies the dog as a dangerous dog. The owner or aittpl ia shall affix the tag to the dog's collar and ensure that the dog wears collar and tag at all times. All licenses issued pursuant to this section shall be renewed annually as required by section 5-4+ of this Code. • issuedrs teen (18) years r too:ofir$4-#.#0:010 OlhftNk::::::7oitottoott000iiwo.wdotOtvtjiY:::T:"':77oidt*ots n:comphe Sec. 5-44. Tax imposed. u sectio ................. .(iti) IWO :aste onty be ente ett neutered (a) An annual license tax is hereby imposed on dogs or cats required to be licensed 5 under this division in the following amounts: (6) Dangerous dog, as declared by any general district court or circuit court of this commonwealth Pi rrly Ice.)f ;cer p r Fifty ($50.00) (in addition to the other applicable fees herein). ova: 2. That this ordinance shall be effective on and from the date of its adoption. On motion of Supervisor Nickens to waive the first reading of the ordinance because of emergency situation, hold second reading and 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/AAE Clerk to the Board of Supervisors 6 cc: File Paul M. Mahoney, County Attorney Circuit 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. Harris, Judge William Broadhurst, Judge Vincent Lilley, Judge Julian H. Raney, Judge Jacqueline F. Ward Talevi, Judge Theresa A. Childress, Clerk R. Wayne Compton, Commissioner of Revenue Alfred C. Anderson, Treasurer Skip Burkart, Commonwealth Attorney Magistrates Sherri Krantz/Betty Perry Main Library Joseph Obenshain, Senior Assistant County Attorney Roanoke Law Library, 315 Church Avenue, S.W., Rke 24016 Roanoke County Law Library, Singleton Osterhoudt Roanoke County Code Book Gerald S. Holt, Sheriff Richard E. Burch, Jr., Chief, Fire & Rescue 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 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: June 9, 1998 AGENDA ITEM: ORDINANCE AMENDING AND REENACTING SECTION 5-21, DEFINITIONS; SECTION 5-26.1 DANGEROUS DOGS; VICIOUS DOG; PENALTIES; PROCEDURES; SECTION 5-26.2 LICENSURE OF DANGEROUS DOG; AND SECTION 5-44 TAX IMPOSED OF ARTICLE II. DOGS, CATS AND OTHER ANIMALS OF CHAPTER 5 ANIMALS AND FOWLS OF THE ROANOKE COUNTY CODE TO PROVIDE PROCEDURES FOR COMMUNITY SERVICE OFFICERS TO DETERMINE A DOG TO BE A DANGEROUS DOG COUNTY ADMINISTRATOR'S COMMENTS: This will bring our ordinance into conformance with State Code, and will give Animal Control Officers the ability to make a determination about dangerous dogs at the time of an incident. I am concerned that this may increase our call volume which may require additional staff EXECUTIVE SUMMARY: This ordinance amends Chapter 5. ANIMALS AND FOWL of the Roanoke County Code to incorporate changes in state enabling legislation for determining when a dog is "dangerous" and for hybrid canines. BACKGROUND: The 1997 session of the Virginia General Assembly adopted amendments to enabling legislation for local governments to provide for procedures by which animal wardens are authorized to undertake investigations and make determinations as to whether a dog is dangerous, as well as procedures for court review. Other amendments addressed the problem of "hybrid canines." One recent incident, a citizen complaint, and an article in the newspaper has focused Board attention on the issue of "dangerous dogs." SUMMARY OF INFORMATION: This proposed ordinance makes three changes to the existing County Code: 1) Amends the definition of "dangerous dog" to conform to State enabling legislation. The current provision listed six specific instances or grounds by which a dog could be deemed "dangerous." The General Assembly amendments provides for s simpler, less specific definition. It also specifically omits from this definition a dog which has bitten, attacked, or inflicted injury on another dog. 1 a F-� General Assembly amendments provides for a simpler, less specific definition. It also specifically omits from this definition a dog which has bitten, attacked, or inflicted injury on another dog. 2) Establishes procedures for a community service officer (the County's equivalent of the State's "animal warden") to make a determination that a dog is a "dangerous dog." Under the current Code only the court could make this determination. Under the amendment, the community service officer can make this determination, and the dog owner has the burden of appealing this determination to the court. 3) The General Assembly also adopted provisions dealing with "hybrid canines." The primary effect is to give animal wardens the same powers over hybrid canines which they now have under Sec. 5-31 for dealing with dogs killing or worrying livestock. The enabling legislation also authorizes localities to establish a permit system for hybrid canines to ensure adequate confinement and responsible ownership. We recommend that the County pursue this option only if the number of hybrid dogs becomes a significant problem in the County. This ordinance includes hybrid canines in the County's "dog" definition, and includes canine crossbreeds in the "dangerous dog" provisions. Included as an attachment to this Board Report is the entire "dangerous dog" ordinance. The Board will note that the provisions are very detailed and extensive. FISCAL IMPACTS: If a community service officer's "dangerous dog" determination is overturned by the General District Court, then the County will be responsible for any expenses of impounding or keeping the dog. Further the County may be subject to various claims for damages from these dog owners. ALTERNATIVES: The General Assembly has legislated that any local ordinance controlling dangerous or vicious dogs "shall" prescribe the specific provisions which are set out in the County's ordinance. Therefore the County may only regulate dangerous and vicious dogs in the manner prescribed by the General Assembly. The only optional provision is included in this amendment and provides that an animal warden may determine that a dog is dangerous, and if the dog owner disagrees, the owner may appeal this determination to the court (see 2) above, under "Summary of Information"). 2 STAFF RECOMMENDATION: It is recommended that the Board favorably consider the adoption of the first reading of this ordinance. Respectfully submitted, Paul M. Mahoney County Attorney Approved ( ) Motion by Harrison Denied ( ) Johnson Received ( ) McNamara Referred ( ) Minnix to Nickens 3 § 5-3 . ROANOKE COUNTY CODE 1511.15 feet to a point; thence N 9° 34' 24" E 70.62 feet to a point; thence N 38° 44' 54" • E 201.40 feet to a point; thence N 56° 16' 57" W 166.75 feet to a point; thence N 18° 45' E 173.25 feet to a point; thence N 40° 38' 12" for a distance of 91.14 feet to a point; thence N 32° 33' 47" W 207.99 feet to a point; thence S 71° 50' for a distance of 100 feet to a point; thence N 33° 42' 38" W 463.79 feet to a point; thence N 52° 46' 42" E 920.0 feet to a point; thence S 58° 50' 40" E 442.76 feet to a point; thence S 58° 15' E for a distance of 1091.51 feet to a point; thence S 58° 15' E 629.46 feet to a point; thence S 30° 32' 09" W 1665.36 feet to a point; thence S 19° 51' 40" W 321.80 feet to a point; thence S 41° 32' E 300.08 feet to a point; thence S 41° 45' 30" W 199.61 feet to a point; thence across the right-of-way of Ruritan Road (Virginia Secondary Route 609) to the point of beginning and containing Blocks 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 20 and 21 of the La Bellevue Subdivision. (b) Suitable markers approved by the county administrator may be erected on the roads entering the sanctuaries described in subsection (a) above, indicating that the areas have been so set aside and declared. (Code 1971, § 5-1; Ord. No. 2664, 9-9-80; Ord. No. 121796-12.a, § 1, 12-17-96) Sec. 5-4. Same —Shooting, trapping, etc., birds. It shall be unlawful and a Class 3 misdemeanor for any person to shoot at, trap, kill, destroy or molest any birds in any area described in section 5-3. (Code 1971, § 5-1) Cross references —Penalty for Class 3 misdemeanor, § 1-10; discharge of firearms or air guns generally, § 13-4. Secs. 5-5-5-20. Reserved. ARTICLE II. DOGS, CATS AND OTHER ANIMALS DIVISION 1. GENERALLY q r!' f\ Sec. 5-21. Definitions. For the purposes of this article, the following words and phrases shall have the meanings ascribed to them by this section, unless otherwise indicated to the contrary: Animal nuisance: Is created when any dog, cat or other domestic animal unreasonably annoys humans, endangers the life or health of other animals or persons or substantially interferes with the rights of citizens, other than their owners, to the enjoyment of life or property. Such acts of nuisance shall include, but are not limited to, the following: (1) Damages property other than that of the animal's owner; (2) Attacks or disturbs other animals, persons or vehicles by chasing, barking or biting; Supp. No. 4 246 • F • • ANIMALS AND FOWL § 5-21 (3) Makes excessive noises including, but not limited to, barking, whining, howling, caterwauling or crying; (4) Creates noxious or offensive odors; (5) Defecates upon any public place or upon premises not owned or controlled by the owner unless promptly removed by the animal's owner; or (6) Creates an unsanitary condition or insect breeding site due to an accumulation of excreta or filth. Cat: Any member of the animal species felis catus. Dangerous dog: Any dog (1) which causes a wound to any person without provocation on public or private property; (2) which, while off the property of its owner, has killed a domestic animal; (3) which is owned or harbored primarily or in part for the purpose of dog fighting or any dog trained for dog fighting; (4) which, unprovoked, chases or approaches persons upon the streets, sidewalks, or any public or private property other than the owner's property in a menacing fashion or apparent attitude of attack; (5) which has a known propensity, tendency, or disposition to attack unprovoked, to cause injury or otherwise to threaten the safety of human beings or domestic animals; or (6) which has been declared dangerous by any general district court or circuit court of this commonwealth. Any dog evidencing the characteristics or conduct described in subsections (1), (2), (3), (4), or (5) above shall be a "dangerous dog" even though not previously found dangerous by any court. Dog: Every dog, regardless of age. Domestic animal: Any dog, cat, domesticated sheep, horses, cattle, goats, swine, fowl, ducks, geese, turkeys, confined domestic hares and rabbits and other birds and animals raised and maintained in confinement. , , 0 ..)Kennel: An enclosure or structure used to house, shelter, restrain, exercise, board, breed, ') handle or otherwise keep or care for more than two (2) dogs six (6) months of age or older, from which they cannot escape. The enclosure or structure shall not mean a dwelling or a fence used to demarcate a property line. Livestock: Cattle, horses, sheep, goats, swine and enclosed, domesticated rabbits or hares. Other officer: All persons employed by the county or elected by the people of the county whose duty it is to preserve the peace, to make arrests or to enforce the law. Owner: Any person having a right of property in a dog or cat, and any person who keeps or harbors a dog or cat or has the dog or cat in his care or who acts as its custodian, and any person who permits a dog or cat to remain on or about any premises occupied by him. Poultry: All domestic fowl and game birds raised in captivity To run at large: A dog shall be deemed to run at large while roaming, running or self -hunting off the property of its owner or custodian and not under its owner's or custodian's immediate control. Supp. No. 4 247 § 5-21 ROANOKE COUNTY CODE Vicious dog: Any dog which (1) kills a person; (2) inflicts serious wound to a person, including multiple bites, disfigurement, impairment of health, or impairment of any bodily function; (3) continues to exhibit the behavior which resulted in a previous finding by a court that it is a dangerous dog; or (4) which has been found vicious by any general district court or circuit court of this commonwealth. Any dog evidencing the characteristics or conduct described in subsections (1), (2), or (3) above shall be a "vicious dog" even though not previously found vicious by any court. (Code 1971, §§ 5-3, 5-10; Ord. No. 3137, § 1, 5-11-82; Ord. No. 84-192, § 1, 11-13-84; Ord. No. 72793-7, § 1, 7-27-93; Ord. No. 41294-7, § 1, 4-12-94) Sec. 5-22. Violations of article. Unless otherwise specifically provided, a violation of any provision of this article shall constitute a Class 4 misdemeanor, In addition, any "animal nuisance" as defined in section 5-21 may also be corrected, removed or abated through an appropriate action at law or suit in equity by any person suffering injury or damage therefrom. (Ord. No. 41294-7, § 1, 4-12-94) Cross reference —Penalty for Class 4 misdemeanor, § 1-10. Sec. 5-23. Dogs and cats deemed personal property; rights relating thereto. (a) All dogs and cats in this county shall be deemed personal property and may be the subject of larceny and malicious or unlawful trespass and the owners thereof may maintain any action for the killing of any such dogs or cats, or injury thereto, or unlawful detention or use thereof, as in the case of other personal property. The owner of any dog or cat which is injured or killed contrary to the provisions of this article by any person shall be entitled to recover the value thereof or the damage done thereto in an appropriate action at law from such person. (b) The community service officers or other officer finding a stolen dog or cat or a dog or cat held or detained contrary to law shall have authority to seize and hold such dog or cat pending action before a general district court or other court. If no such action is instituted within seven (7) days, such officer shall deliver the dog or cat to its owner. The presence of a dog or cat on the premises of a person other than its legal owner shall raise no presumption of theft against the owner of such premises, and the community service officers may take such dog or cat in charge and notify its legal owner to remove him. The legal owner of the dog or cat shall pay the normal boarding fee established by section 5-29 for the keep of such dog or cat while in the possession of the community service officers or other authorized agent of the county. (Code 1971, § 5-6; Ord. No. 41294-7, § 1, 4-12-94; Ord. No. 121796-12.a, § 1, 12-17-96) Sec. 5-24. Limitation on number kept per dwelling unit. (a) The harboring or keeping of more than two (2) dogs over four (4) months of age per dwelling shall be unlawful, unless a private kennel license has been issued pursuant to this article. The harboring or keeping of more than six (6) cats over four (4) months of age, of which Supp. No. 4 248 • • • ANIMALS AND FOWL § 5-26.1 no more than two (2) may be fertile, per dwelling shall be unlawful. The requirements of this section shall not apply to any dwelling which is part of an active agricultural operation or usage as defined by the zoning ordinance for the county. (b) As of July 1, 1994, any owner of more than the number of cats permitted under subsection (a) shall be entitled to continue to harbor or keep such cats, provided they comply with the following requirements: (1) A license for each cat in a dwelling is obtained as required by Division 2, "License" of Article II of this chapter within thirty (30) days of the effective date of this subsection; and (2) A license shall be obtained and kept in force for each cat claimed under this subsection for every subsequent year that the cat shall remain alive. Any break in maintaining a valid license for any cat shall extinguish any right of such owner to claim the benefit of this subsection. (Ord. No. 3137, § 2, 5-11-82; Ord. No. 52290-7, § 1, 5-22-90; Ord. No. 41294-7, § 1, 4-12-94) Sec. 5-25. Sanitary condition of premises where kept. The structure or building in which any dogs are confined and the lot, compound or enclosure in which they are penned shall be kept in such sanitary condition as not to cause offensive odors or attract flies or other insects. (Code 1971, § 5-9) Sec. 5-26. Nuisance prohibited. It shall be unlawful for the owner or harborer of any dog, cat or other wild or domestic animal to cause or permit such animal to perform, create or engage in any animal nuisance defined in section 5-21. Any animal found acting in any way forbidden by this article shall hereby be declared a nuisance and its owner or harborer shall be subject to the penalties provided by section 5-34. (Ord. No. 41294-7, § 1, 4-12-94) Editor's note —Ord. No. 72793-7, § 1, adopted July 27, 1993, repealed former § 5-26, relative to vicious dogs, and enacted new §§ 5-26.1-5-26.5 pertaining to similar subject matter. The provisions of former § 5-26 derived from Code 1971, § 5-10.1 and Ord. No. 84-192, § 1, adopted Nov. 13, 1984. Subsequently, Ord. No. 41294-7, § 1, adopted Apr. 12, 1994, enacted new provisions as herein set out. Sec. 5-26.1. Dangerous dogs; vicious dog; penalties; procedures. It a500 "(a) "Dangerous dog. It shall be unlawful and a Class 1 misdemeanor to own, keep, harbor, act as custodian of or permit to remain on or about any premises any dog that the owner knew or reasonably should have known to be a dangerous dog, as defined by section 5-21, except in strict compliance with section 5-26.3 of this Code. If after hearing evidence, the court finds any dog to be a dangerous dog, the court shall, in addition to any other penalties imposed, order the Supp. No. 4 249 § 5-26.1 ROANOKE COUNTY CODE dog's owner to comply with the provisions of section 5-26.3. If any owner knew or reasonably should have known any dog to be a dangerous dog and such dog thereafter causes a wound to any person, such owner shall be guilty of a Class 1 misdemeanor. (b) Vicious dog. It shall be unlawful and a Class 1 misdemeanor to own, keep, harbor, act as custodian of or permit to remain on or about any premises any dog that the owner knew or reasonably should have known to be a vicious dog, as defined by section 5-21. If, after hearing evidence, the court finds any dog to be a vicious dog, the court shall, in addition to any other penalties imposed, order the community service officer to euthanize the dog. If any owner knew or reasonably should have known any dog to be a vicious dog and such dog thereafter causes a wound to any person, such owner shall be guilty of a Class 1 misdemeanor. (c) Procedures. When a warrant has been obtained or a summons issued pursuant to this section, the community service officer and/or police officer may, in his discretion, confine the dog until such time as evidence shall be heard and a verdict rendered. The court may, through its contempt power, compel the owner of any dog to produce it for the community service officer and/or police officer. In the event any dog is found to be a dangerous dog or vicious dog, the owner of such dog shall be responsible for payment to the county of any expenses of impounding and keeping the dog pending disposition of the case at the rate prescribed by the county board of supervisors. (Ord. No. 72793-7, § 1, 7-27-93; Ord. No. 121796-12.a, § 1, 12-17-96) Sec. 5-26.2. Licensure of dangerous dog..; (a) The owner of any dog found by a court to be a dangerous dog shall, within ten (10) days of such finding, obtain a dangerous dog license from the treasurer by paying the fee required by section 5-41 of this Code. The treasurer shall provide the owner with a uniformly designed tag which identifies the dog as a dangerous dog. The owner shall affix the tag to the dog's collar and ensure that the dog wears collar and tag at all times. All licenses issued pursuant to this section shall be renewed annually as required by section 5-41 of this Code. (b) No dangerous dog license shall be issued until the applicant has filed with the treasurer the insurance certificate required by section 5-26.3(c). The treasurer shall immediately forward a copy of such certificate to the police department and the county's risk manager for review and filing. The risk manager shall immediately notify the community service officer of any noncompliance with the provisions of section 5-26.3(c) of which the risk manager becomes aware. (Ord. No. 72793-7, § 1, 7-27-93; Ord. No. 121796-12.a, § 1, 12-17-96) Sec. 5-26.3. Keeping dangerous dogs; conditions. It shall be unlawful for any owner of any dangerous dog to own, keep, or harbor any such dog within the county except in compliance with each of the following conditions and specifications: (a) Any dangerous dog shall be securely confined indoors or, if kept outdoors, shall be kept in a securely enclosed and locked pen or structure adequate to confine the dog and Supp. No. 4 250 ANIMALS AND FOWL § 5-26.3 located upon the premises of the owner of the dog. Any such pen or structure shall have secure sides and a secure top and, if it has no bottom secured to the sides, the sides shall be imbedded into the ground no less than two (2) feet. Such pen or structures shall provide any such dog with adequate space and protection from the elements and shall be kept in a clean and sanitary condition. (b) The owner of any dangerous dog shall display two (2) signs on his property stating: "Dangerous Dog on Premises." One sign shall be posted at the front of the property, and the second sign shall be posted at the rear of the property. Each sign shall be capable of being read from a distance of fifty (50) feet. (c) The owner of any dangerous dog shall procure and maintain public liability insurance in the amount of fifty thousand dollars ($50,000.00) insuring the owner for any injury or damage caused by such dog. The owner shall maintain a valid policy and certificate of insurance issued by the insurance carrier or agent as to the coverage required by this subsection at the premises where such dog is kept and shall, upon request, display such policy and certificate to any community service officer or police officer. (d) The owner of any dangerous dog shall have such dog permanently identified by means of a tatoo on an inside thigh, and the owner of any dangerous dog shall provide the community service officer with a color photograph of the dog taken within the last twelve (12) months, suitable for use in identifying the dog. (e) If any dangerous dog is taken off the property of its owner, such dog shall be muzzled and restrained by a substantial chain or leash not exceeding six (6) feet in length, and such dog shall at all times be kept under the control of a responsible person. Such muzzle shall be constructed in such a manner that it will prevent the dog from biting any person or animal, but such that it will not cause injury to the dog or interfere with its vision or respiration. (f) The owner of any dangerous dog shall notify the police department immediately once such dog is discovered to be loose or missing; if such dog has attacked or wounded a human being or another animal; or if such dog has been sold, leased, given away, died, or custody has been transferred to another person for more than forty-eight (48) hours. If such dog has been sold, leased, given away, or custody has been so transferred, the owner shall provide the police department with the name, address, and telephone number of the new owner, lessee, or custodian who shall be required to comply with the conditions of this section if the dog is kept within the county. If the owner of a dangerous dog moves such dog to a different address, such owner shall notify the police department of such fact and the new address within twenty-four (24) hours. (g) The community service officer and/or police officer shall be permitted the right to inspect the enclosure in which any dangerous dog is kept at any time. (h) In addition to the conditions and specifications established by this section with respect to dangerous dogs, the owner of any dangerous dog shall meet all other requirements established by this article for keeping any dog. Supp. No. 4 251 § 5-26.3 ROANOKE COUNTY CODE (i) The community service officer and/or police officer shall have the right to seize and impound the dog if any of the conditions and specifications established by this section for the keeping of a dangerous dog are not being met. (Ord. No. 72793-7, § 1, 7-27-93; Ord. No. 121796-12.a, § 1, 12-17-96) Sec. 5-26.4. Violations. It shall be a Class 1 misdemeanor for the owner of any dog which has caused a wound to any person to conceal or cause to be concealed such dog from any community service officer or police officer. (Ord. No. 72793-7, § 1, 7-27-93; Ord. No. 121796-12.a, § 1, 12-17-96) Sec. 5-26.5. Exceptions. (a) No dog shall be deemed or declared to be a dangerous dog or vicious dog if the threat, wound, injury or damage was caused by any person who, at the time, was (1) assaulting the owner of the dog, (2) committing a willful trespass or tort upon the premises of the owner of the dog, or (3) provoking, abusing, or assaulting the dog or can be shown to have repeatedly provoked, tormented, or abused the dog at other times. (b) No animal which, at the time of the acts complained of, was responding to pain or injury, or was protecting itself, its kennel, its offspring, or its owner's property, shall be found to be a dangerous dog or vicious dog. (c) This section shall have no application to any dog owned by a federal, state, or local law enforcement agency. (d) No dog shall be found to be a dangerous dog or a vicious dog solely because it is a particular breed. (Ord. No. 72793-7, § 1, 7-27-93) Sec. 5-27. Barking or howling dogs. The harboring or keeping of any dog which, by loud, frequent or habitual barking or howling or by any other conduct, shall cause annoyance and disturb the peace and quiet of any person or neighborhood shall be unlawful; and any such dog is hereby declared to be a public nuisance. Any such dog may, after reasonable notice has been given by the community service officer or other law enforcement officer to the owner of such dog, if known, or upon the complaint of any person, if such owner is unknown, be impounded and confined in the county animal shelter by the community service officer. The disposition of any such dog shall be in accordance with section 5-29. (Code 1971, § 5-10.2; Ord. No. 121796-12.a, § 1, 12-17-96) Cross reference —Noise generally, § 13-3. Sec. 5-28. Running at large —Prohibited. (a) It shall be unlawful for the owner of any dog to permit such dog to run at large in the county at any time during any month of the year. Supp. No. 4 252 § 5-35 ROANOKE COUNTY CODE (4) Adequate care, treatment, and transportation. (Ord. No. 41294-7, § 1, 4-12-94) Sec. 5-36. Community service officers; duties and responsibilities. There is hereby created the position of community service officer within the county police department. The community service officer or his agent or any law enforcement officer shall have the following powers: (1) May enter upon private property to apprehend any domestic animal which is in violation of any provision of this chapter or to apprehend any animal which presents an immediate threat to the safety, health or welfare of any person, including an animal suspected of being infected with rabies; (2) May enter upon private property to investigate complaints of inhumane or lack of responsible animal care; (3) May seize, impound or dispose of any vicious or dangerous animal of any kind when necessary for the protection of any person or animal; and (4) May perform all other acts necessary to carry out the requirements of this chapter. (Ord. No. 41294-7, § 1, 4-12-94; Ord. No. 121796-12.a, § 1, 12-17-96) Secs. 5-37-5-40. Reserved. DIVISION 2. LICENSE Sec. 5-41. Required. It shall be unlawful for any person to own a dog or cat four (4) months old or over in this county, unless such dog or cat is currently licensed under the provisions of this division. (Code 1971, § 5-14; Ord. No. 2135, 9-26-78; Ord. No. 72688-11, § 1, 7-26-88; Ord. No. 41294-7, § 1, 4-12-94) Sec. 5-42. License year. (a) Dog and cat licenses shall run by the calendar year, namely from January 1 to December 31, inclusive. (b) The owner of a dog or cat may apply for a license not to exceed a three-year period of time, so long as this period does not exceed the period that the rabies inoculation for such animal is effective as certified by a veterinarian. (Code 1971, § 5-14; Ord. No. 2135, 9-26-78; Ord. No. 41294-7, § 1, 4-12-94) Sec. 5-43. Application; applicant to be county resident. (a) Any resident of this county may obtain a dog or cat license by making oral or written application to the county treasurer, accompanied by the amount of the license tax and the certificate of vaccination required by section 5-48. The treasurer shall have authority to license only dogs or cats of resident owners or custodians who reside within this county and may require information to this effect from any applicant. Supp. No. 4 256 • • ANIMALS AND FOWL § 5-45 (b) It shall be unlawful for any person to make a false statement in order to secure a dog or cat license to which he is not entitled. (Code 1971, §§ 5-17, 5-27; Ord. No. 41294-7, § 1, 4-12-94) Sec. 5-44. Tax imposed. (a) An annual license tax is hereby imposed on dogs or cats required to be licensed under this division in the following amounts: (1) Male dog or cat: Ten dollars ($10.00). (2) Female dog or cat: Ten dollars ($10.00). (3) Neutered or spayed dog or cat: Five dollars ($5.00) with a veterinarian's certificate that the dog or cat has been neutered or spayed. (4) Kennel for up to twenty (20) dogs: Twenty-five dollars ($25.00). (5) Kennel for up to fifty (50) dogs: Thirty-five dollars ($35.00). (6) Dangerous dog, as declared by any general district court or circuit court of this commonwealth: Fifty dollars ($50.00) (in addition to the other applicable fees herein). (b) A three-year license tax is hereby imposed on dogs or cats required to be licensed under this division in the following amounts: Three (3) times the rate specified in (a)(1), (2) and (3) above, less ten (10) percent. (c) No license tax shall be levied under this section on any dog that is trained and serves as a guide dog for a blind person or that is trained and serves as a hearing dog for a deaf or hearing impaired person. As used herein, the term "hearing dog" means a dog trained to alert its owner, by touch, to sounds of danger and sounds to which the owner should respond. (d) In no event shall the treasurer pay any refund of the license tax imposed by this section. (Code 1971, § 5-14; Ord. No. 2135, 9-26-78; Ord. No. 52290-7, § 1, 5-22-90; Ord. No. 72793-7, § 1, 7-27-93; Ord. No. 41294-7, § 1, 4-12-94) Sec. 5-45. When and where tax due and payable. The license tax on dogs or cats shall be due and payable at the office of the county treasurer as follows: (1) On or before January 1 and not later than January 31 of each year, the owner of any dog or cat four (4) months old or older shall pay such tax, or within thirty (30) days of the expiration of the three-year license. (2) If a dog or cat shall become four (4) months of age or if a dog or cat over four (4) months of age unlicensed by this county shall come into the possession of any person in this county between January 1 and October 31 of any year, the license tax for the current calendar year shall be paid forthwith by the owner. (3) If a dog or cat shall become four (4) months of age or if a dog or cat over four (4) months of age unlicensed by this county shall come into the possession of any person in this Supp. No. 4 257 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JUNE 9, 1998 ORDINANCE AMENDING AND REENACTING SECTION 5-21, DEFINITIONS, SECTION 5-26.1 DANGEROUS DOGS; VICIOUS DOG; PENALTIES; PROCEDURES, SECTION 5-26.2 LICENSURE OF DANGEROUS DOG AND SECTION 5-44 TAX IMPOSED OF ARTICLE II. DOGS, CATS AND OTHER ANIMALS OF CHAPTER 5 ANIMALS AND FOWLS OF THE ROANOKE COUNTY CODE TO PROVIDE PROCEDURES FOR COMMUNITY SERVICE OFFICERS TO DETERMINE A DOG TO BE A DANGEROUS DOG WHEREAS, on July 27, 1993, the Roanoke County Board of Supervisors enacted a Dangerous Dog ordinance for the county in accordance with the authority granted by Section 3.1-796.93:1 of the Code of Virginia, 1950, as amended; and WHEREAS, the 1997 session of the General Assembly of Virginia has amended § 3.1-796.93:1 to provide, among other changes, for procedures by which animal wardens are authorized to undertake investigations and make determinations as to whether a dog is a dangerous dog along with procedures for court review; and WHEREAS, in the interest of public safety, convenience, and general welfare, the Board of Supervisors desires to amend those portions of the Roanoke County Code which established a dangerous dog ordinance in order to clarify the definition of dangerous dog and the procedures by which a dog can be declared to be dangerous; and WHEREAS, the first reading of this ordinance was held on June 9, 1998; and the second reading and public hearing will be held on June 23, 1998. G:\ ATTORNEY \JBO \ POLICE \ ANIMALCO.DE2 BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, that Article II. DOGS, CATS AND OTHER ANIMALS of Chapter 5, ANIMALS AND FOWLS be amended and reenacted as follows: Sec. 5-21. Definitions. For the purposes of this article, the following words and phrases shall have the meaning ascribed to them by this section, unless otherwise indicated to the contrary: Dangerous dog: Any doggy canine or canine crossbreed which leas" bit on a'.person or cox ion an declared danger o by any general,. Service ;Officer. a dog, or killed a ,compan.en -anii n circuit court of this core ced,tore nflitedin I or any i ras Do2: Every dog or c �e crossbreed or hybrid canine, regardless of age. bred canine. Any animal, nr its ofi licensed,3=advertised o 'II bleb at any time has been or is permitted, regis , ad;described orrep resented as a hybrid canine wolf orFcoyote.,by its owner G:\ATTORNEY\JBO\POLICE\ ANIMALCO.DE2 2 to licensed vetertr Ian, law Department ofHealth or= -compliance offic offic niinatwarden, humane investigator, official "o.the who is under the dt O. of the State Veterinarian.. Vicious dog: Any dog; canine or canrnncrossbreed which has (1) killed lerlls a person; (2) inflicted inflicts serious injury wound to a person, including multiple bites, serious disfigurement, serious impairment of health, or serious impairment of a bodily function; or (3) continued eezrues to exhibit the behavior which resulted in a previous finding by a court or Community Service Officer that it is a dangerous dog, provided=that ita owner has been given notice of that` finding; or (4) which has been found vicious by any general district court or circuit court of this commonwealth. Sec. 5-26.1 Dangerous dogs; vicious dog; penalties; procedures. (c) Procedures. (1) Any Community Service Officer who,has r a z to believethat a c crossbreed within .Roanoke County is a dangerous dog or victnusdog shall apply to a magistrate within the county for the. issuance of a summons or warrant r ng the owner or custodian, if known,, to appearbefore the Roanoke County General District Court at a specified;ine The summons or warrant hall advise the owner or custodian of the nature of the proceeding and the matters at issue. When a warrant has been obtained or a summons issued pursuant to this section, the Community Service Officer and/or police officer may, in his discretion, confine the dog until such time as evidence shall be heard and a verdict rendered. Otherwise the owner or custodian shall confnie3the dog until�the evidence shal x heard and a verdict rendered. The court may, through its contempt power, compel the owner, custodian-: or harborer of any dog to produce it for the G:\ATTORNEY\JBO\POLICE\ ANIMALCO.DE2 3 Community Service Officer and/or police officer. In the event any dog is found to be a dangerous dog or a vicious dog, the owner or custodian of such dog shall be responsible for payment to the county of any expenses of impounding and keeping the dog pending disposition of the case at the rate prescribed by the county board of supervisors. (2) In the alternative; any Community Service Officer after due tnvestigationtantlwritten notice to the owner or custodian of a dog, may determine whether do s a dangerous•dog If the Comm•unity Service Officer so determines a dog to be a dangerous dog, he s owner or custodian to comply:.• the provisions of section 5- 6 3 , of this owner or custodian disagrees with the Community Service 1 tcer's detertu the determination :to the Roanoke County I strc (d) If the owneror custodian of an animal found to be a da ill%e c{ di for t,iriallautht m dog is �01 e 1's ry.appeal e custodial parent or legal guardian shall be responsible for complying with allrequirements.of thisk;Chapter. (e) All fees collected pursuant to this section; less:the costs i ed. by the county rn pr distributing;,the licenses and tags required by ordinance, shall be paid into a special dedicated d d `for the purpose of PaYinirthe expenses of any trauung:nurses required by Cornmurrfty Service Officers finder § ' 1- 796.105 of the Code of Virginia or its successor. Sec. 5-26.2. Licensure of dangerous dog. (a) The owner or custodian of any dog found by a court or a Comm nity Service Officer to be a dangerous dog shall, within ten (10) days of such finding, obtain a dangerous dog license from the treasurer by paying the fee required by section 5-44 5-4+ of this Code. The treasurer shall provide the owner or custodian with a uniformly designed tag which identifies the dog as a dangerous dog. The owner or custodian shall affix the tag to the dog's collar and ensure that the dog wears collar and tag at all times. All licenses issued pursuant to this section shall be renewed annually as required by section 5-44 5-4+ of this Code. G: \ ATTORNEY \ JBO\ POLICE\ ANIMALCO. DE2 4 (c) Any license ar tenewal,required to 14:obtained un eighteen (18) yea age or older w'no present sansracxo vaccination (ii) that the provisions of subsections (a), (b) and (d�,o and (iii) that the nal has been neutered or spayed. rn hall Out to Sons nee (i):of the k g's,current;rabies f ecttz nj5-26.3 have been complied.with Sec. 5-44. Tax imposed. (a) An annual license tax is hereby imposed on dogs or cats required to be licensed under this division in the following amounts: (6) Dangerous dog, as declared by any general district court or circuit court of this commonwealth or bya•Commu7 ty ice Officer pursuant to section 526,1.(c)().above: Fifty ($50.00) (in addition to the other applicable fees herein). 2. That this ordinance shall be effective on and from the date of its adoption. G: \ ATTORNEY \ JBO\ POLICE\ ANIMALCO. DE2 5 ACTION # ITEM NUMBER F-3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: June 9, 1998 AGENDA ITEM: ORDINANCE TO VACATE AN EXISTING 20' ACCESS EASEMENT ON LOTS 4 AND 5, IN PHASE I OF WEXFORD SUBDIVISION SHOWN IN PLAT BOOK 16, PAGE 122 (WINDSOR HILLS MAGISTERIAL DISTRICT). COUNTY ADMINISTRATOR'S COMMENTS: EXECUTIVE SUMMARY: This is the first reading of a proposed ordinance to vacate an existing 20' access easement along the boundary line of Lots 4 and 5, and continuing along the westerly boundary line of Lot 5, in Phase I of Wexford Subdivision (P.B. 16, pg. 122). BACKGROUND: The existing 20' access easement on Lots 4 and 5 was created by subdivision plat for "Wexford, Phase I", recorded in the Clerk's Office in Plat Book 16, page 122. Lot 4 was acquired by Arthur A. Kunkle and Marion A. Kunkle, husband and wife, ("the Kunkles") and Lot 5 was acquired by Susan M. Sisler, Trustee under Declaration of Trust dated July 30, 1996, ("Sisler"). Said owners are the current petitioners for relocation of the access easement to and from the stormwater management easement located on Lots 5 and 6. SUMMARY OF INFORMATION The Petitioners, the Kunkles and Sisler, are requesting that the Board of Supervisors vacate the 20' access easement which runs along the boundary line of Lots 4 and 5, and continues along the westerly boundary line of Lot 5, to the stormwater management easement located on Lots 5 and 6. In exchange, the Petitioners propose conveyance by Sisler of an alternative 20' access easement along F-3 the southeasterly property line of Lot 5 to the Wexford Homeowners Association, which is responsible for the continuing maintenance of the stormwater management easement. The exchange is proposed as a shorter, more direct, and less burdensome access. A plat showing the areas to be vacated and to be conveyed as the new access easement is attached hereto as Exhibit A. Staff has no objection to the proposed relocation, and has reviewed and approved the alternative easement location, provided that the existing water line easement in the same location shall remain in effect. STAFF RECOMMENDATION County staff recommends that the Board of Supervisors adopt the proposed ordinance, pursuant to Section 15.2-2272 of the Code of Virginia (1950, as amended) to vacate the existing 20' access easement on Lots 4 and 5, in Phase I of Wexford Subdivision shown in Plat Book 16, page MITTED BY: APPROVED BY: Arnold Covey, Director Elmer C. Hodge Department of Community De elopment County Administrator Approved ( ) Motion by: Denied ( ) Received ( ) Referred to ACTION VOTE Harrison Johnson McNamara Minnix Nickens No Yes Abs 0 NORTh LEGEND O IPON PIN SET • IRON PIN FOUND P.B.Ito, PG. 122 sc1LE: 1 "--100' k �Z ' . ( 0 LOT LOT �• �� 12 \ 11 m Ox CURVE DATA, CURVE DELTA RADIUS ARC CI 67-47'OCo" 55.00' 64.27' C2 551135'46'' 55.00' 53.37' C3 36° 37' 10" 55.00' 35.15' TINS 15 'TO crn 11r-, OUT AN N:CUIUIE r1Eln SUFIVEV Or r11F r0F1"SES SHOWN IIEDEON HAS BEEN rEnr0nur n USOFII My SI IrF.0NSION; MAT ALL IMP n0VE MENIS AND VISIILE EVIDENCE or EASEMENTS NM SIIOWII 'TEDE 011, MD 111A1111EnF ME 110 FIN:IIOACIIMEN IS TN IMrnOVEMFNIS EI111F11 MOM A0101111ND MIEMSES 01 rnom SHOJI -CT POEMISES OIHEII DIAN SHOWN IIFnFo1I THIS SI1nVEY WAS rcnronnr01NI110111 DIE OENErIr 0r A 1111E nFN)nl ANO IS s11NRC110 D1ronMAD0n VAIICH MAY DE DISCLOSE,' DT SUCH 1110PEn 1V IS 1N F.E MA DEHNEO ZONE VNOHADED X. • N/F WILLIAM M. GRISSO, JR. o.B. 511, PG.577 g)9 TA\ MAP # 26, 86.01-3-5 %9� 29E LOT 3 O 100 200 300 50 \\\�_ 30'M B.L. W OTHELLO CIRCLE N8l' 8'30"Ey, AEss ESM'T LOT 6 V 0:771 ) ACRE T_ 5763°05'19"\W 333.15 m co 0 LDr 7 LOT LOT 9 10 TANGENT 52.91' 29.00' 18.20' SCALE : /" = /00' CHORD BEARING 76o.24,' 535°04'58"W 51.30' S33'3(0'29"E 34.5G' 579'42'55"E NOTES I. OWNER OF RECORD I ARTHUR A. KUNKLE AND MARION A. KUNKLE DEED BOOK 14BB , PAGE 44 TAX MAP NUMBER 8(o.03-Co-7 (LOT 4-) SUSAN M. SISLER DEED BOOK ISIC1 , PAGE 12G,Co TAX MAP NUMBER 8Co.03-(0-8 LOT 5) EDWARO H. TENISON,SIL AND ELIZABETH PARKER TENISON DEED BOOK 1464 , PAGE Co5O TAx MAP NUMBER B(n03-C°-9 CLOT (o) 2. PROPERTY IS ZONED R- I. 3. THE EXISTING 20' ACCESS DRIVEWAY EASEMENT IS TO Be VACATED. THE EXISTING 2.0' WATER LINE EASEMENT IS TO REMAIN. 4. THE PURPOSE OF THIS PLAT IS TO SHOW THE NEW 20' STORM WATER MANAGEMENT ACCESS EASEMENT. A DEED MUST BE RECORDED GRANTING SAID NEW 20' STORM WATER MANAGEMENT ACCESS EASEMENT TO THE HOMEOWNERS ASSOCIATION. EASEMENT PLAT FOR WEXF•0RD of RoANoKE, /ii/C. CREATING HEREON A NEW 20' STORM WATER MANAGEMENT ACCESS EASEMENT CROSSING LOT S WEXFORD - PHASE S PLAT BOOK I(o , PAGE 122 WINDSOR HILLS MAGISTERIAL DISTRICT ROANOKE COUNTY , V IRGI N I A SEPTEMBER 9 , 1997 SOB NUMBER R971005S-A •PLANNERS•ARCHITECTS-ENGINEERS-SURVEYORS• 1208 CORPORATE CIRCLE, ROANOKE, VIRGINIA 772-9580 O 00 OJOHN R. McADEN > # No.002002 0` �. ▪ 9— 9-974,/ spLT/i OF r O SURV ncEs_ec,N1° .OMONnow FF 3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JUNE 9, 1998 ORDINANCE TO VACATE AN EXISTING 20' ACCESS EASEMENT ON LOTS 4 AND 5, IN PHASE I OF WEXFORD SUBDIVISION SHOWN IN PLAT BOOK 16, PAGE 122 WHEREAS, by subdivision plat entitled "Wexford, Phase I", dated February 8, 1994, and recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Plat Book 16, page 122, a twenty -foot (20') access easement to and from the stormwater management easement located on Lots 5 and 6, was shown and created along the boundary line of Lots 4 and 5, and continuing along the westerly boundary line of Lot 5, the subject easement being designated on said plat as "20' ACCESS DRIVEWAY AND WATER LINE EASEMENT"; and, WHEREAS, the Petitioners, Arthur A. Kunkle and Marion A. Kunkle, husband and wife, and Susan M. Sisler, Trustee under Declaration of Trust dated July 30, 1996, are the owners of Lot 4 (Tax Map No. 86.03-6-7) and Lot 5 (Tax Map No. 86.03-6-8), respectively, Phase I, Wexford, as recorded in Plat Book 16, page 122; and, WHEREAS, the Petitioners have requested that the existing twenty -foot (20') access easement across their lots be vacated; and, WHEREAS, in exchange, the Petitioners propose that an alternative 20' access easement along the southeasterly boundary of Lot 5, designated and shown as "NEW 20' STORM WATER MNGM'T. ACCESS ESMT." on the `Easement Plat for Wexford of Roanoke, Inc., Creating Hereon a New 20' Storm Water Management Access Easement Crossing Lot 5 Wexford - Phase I', dated September 9, 1997, prepared by Balzer and Associates, Inc., be conveyed to the Wexford Homeowners Association which has responsibilities for maintenance of the stormwater management easement; and, WHEREAS, the County's engineering staff has recommended and approved the proposed exchange of access easements, which will allow for a shorter, more direct, and less burdensome access to the stormwater management easement, and will not impose any greater burden on the Homeowners Association; 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 June 9, 1998; the public hearing and second reading of this ordinance was held on June 23, 1998. NOW THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That an existing twenty -foot (20') access easement, shown and designated as "20' ACCESS DRIVEWAY AND WATER LINE EASEMENT" on the `Subdivision Plat of Wexford, Phase I', recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Plat Book 16, page 122, said easement running along the boundary line of Lots 4 and 5, and continuing along the westerly boundary line of Lot 5, to provide access to and from the stormwater management easement located on Lots 5 and 6, Phase I, Wexford, as shown on said plat and as further shown on Exhibit A attached hereto, be, and hereby is, vacated pursuant to Section 15.2-2272 of the Code of Virginia (1950, as amended), subject to the following conditions: a. That the existing water line easement in the same location and shown on the above -described subdivision plat shall remain in full force and effect. 2 FF3 b. That the alternative access easement, along and parallel with the southeasterly boundary of Lot 5, designated as "NEW 20' STORM WATER MNGM'T. ACCESS ESMT." on the `Easement Plat for Wexford of Roanoke, Inc., Creating Hereon a New 20' Storm Water Management Access Easement Crossing Lot 5 Wexford - Phase I', dated September 9, 1997, prepared by Balzer and Associates, Inc., a copy of which is attached hereto as Exhibit A and incorporated herein, shall be conveyed to the Wexford Homeowners Association for purposes of ingress and egress to and from the stormwater management easement, said Association being responsible for the continuing maintenance of said stormwater management easement. c. That all costs and expenses associated herewith, including but not limited to publication, survey and recordation costs, shall be the responsibility of the Petitioners. 2. That the County Administrator, or an Assistant County Administrator, 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:\attomey\vlh\agenda\kunlde. ord 3 ACTION # ITEM NUMBER r C 11 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: June 9, 1998 AGENDA ITEM: ORDINANCE TO VACATE AN EXISTING 15' ACCESS EASEMENT ALONG THE NORTHERN BOUNDARY OF LOT 20 AND EXTENDING NORTHERLY ALONG THE EASTERN (REAR) LOT LINES OF LOTS 19, 18, AND 17, AND TO VACATE AN EXISTING 10' ACCESS DRIVE AND 15' STORMWATER MANAGEMENT ACCESS EASEMENT ALONG THE BOUNDARY BETWEEN LOT 13 AND LOT 14A IN WEXFORD AT STEEPLECHASE SUBDIVISION, IN PLAT BOOK 18, PAGE 51, AND RESUBDIVISION PLAT OF WEXFORD AT STEEPLECHASE, IN PLAT BOOK 19, PAGE 67 (WINDSOR HILLS MAGISTERIAL DISTRICT). COUNTY ADMINISTRATOR'S COMMENTS: EXECUTIVE SUMMARY: This is the first reading of a proposed ordinance to vacate an existing 15' access easement along the northern boundary of Lot 20 and extending northerly along the Eastern (rear) lot lines of Lots 19, 18, and 17, and to vacate an existing 10' access drive and 15' stormwater management access easement along the boundary between Lot 13 and Lot 14A in Wexford at Steeplechase Subdivision (P.B. 18, pg. 51), and Resubdivision of Wexford at Steeplechase (P.B. 19, pg.67). BACKGROUND: The existing access easements were created by subdivision plat for "Wexford at Steeplechase", recorded in the Clerk's Office in Plat Book 18, page 51. Lots 14, 15, and 16 were resubdivided , creating Lots 14A, 15A, and 16A, by plat recorded in Plat Book 19, page 67. No change was made to the locations of the subject access easements. F- SUMMARY OF INFORMATION The Petitioner, Wexford of Roanoke, Inc., is the developer of the subdivision and has requested the relocation of the access easements to and from the stormwater management easements in order to minimize the encumbrances on the lots and to provide a consolidated access to the stormwater management easements. In exchange, the Petitioner proposes conveyance of an alternative 15' access easement on Lots 15A and 16A to the Wexford Homeowners Association, t/a Wexford at Steeplechase Homeowners Association, which is responsible for the continuing maintenance of the stormwater management easements on Lots 14A and 15A, and Lot 16A. The owner of Lots 15A and 16A, Vaughn, Inc., has agreed to location of the alternative access easement on those lots and has conveyed the easement to Wexford of Roanoke, Inc. A plat showing the areas to be vacated and to be conveyed as the new access easement is attached hereto as Exhibit A. Staff has no objection to the proposed relocation, and has reviewed and approved the alternative easement location. STAFF RECOMMENDATION County staff recommends that the Board of Supervisors adopt the proposed ordinance, pursuant to Section 15.2-2272 of the Code of Virginia (1950, as amended) to vacate the existing 10' access drive and the existing 15' access easements in Wexford at Steeplechase Subdivision (P.B. 18, pg. 51), and Resubdivision of Wexford at Steeplechase (P.B. 19, pg.67). MITTED BY: APPROVED BY: Arnold Covey, Director xf) Elmer C. Hodge Department of Community Develop ent County Administrator Approved ( ) Motion by: Denied ( ) Received ( ) Referred to ACTION VOTE Harrison Johnson McNamara Minnix Nickens No Yes Abs s hZ s afLib F. Li Y ? 0 1 r< ry PA' h ro 050 �� 1 m�rv�-. Jan^ .m ✓)N ON .� N •,. � W W W WW33333 33 pOp opp. pp. OrvO. OOi [[0��'opp: �ppn 1p-cp tp. 3pppXp>>.o.oNo.00rpNp rnn� Cs� FF�HHFFFIRPRRFF+F•F+N F2 f O a y .-..-. C) oC i/ll % > :s Y. >• N .v . 1 n r e] O/ 0/ s\: r 14 1 � Q 0. 1 NSW, s• tile tr1 o= i y YM N'6'01S6'W r, 0. •S/ M34.. \ N fl 1 \ nd / L.11 3LS.b Z,%E S-= _ )>/✓15/XJ � � o . \� scs tr 0 SIN 8 O f g 1 0 0 0 0 P w W UqW W 4 h NNj �(j n �(j 00000000 68s8 e ¢ $ d p El 0 0 2 .•Or r. .r °. rvo 01 ooM 3✓�O/� oLh \ <, \\\ r N r N AL Lb Sb6 fl 0 5 EpLECHASE — /5' AUE. C7 coedRT 5o/R4v GI • F L1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JUKE 9, 1998 ORDINANCE TO VACATE AN EXISTING 15' ACCESS EASEMENT ALONG THE NORTHERN BOUNDARY OF LOT 20 AND EXTENDING NORTHERLY ALONG THE EASTERN (REAR) LOT LINES OF LOTS 19, 18, AND 17, AND TO VACATE AN EXISTING 10' ACCESS DRIVE AND 15' STORMWATER MANAGEMENT ACCESS EASEMENT ALONG THE BOUNDARY BETWEEN LOT 13 AND LOT 14A IN WEXFORD AT STEEPLECHASE SUBDIVISION, IN PLAT BOOK 18, PAGE 51, AND RESUBDIVISION PLAT OF WEXFORD AT STEEPLECHASE, IN PLAT BOOK 19, PAGE 67. WHEREAS, by subdivision plat entitled "WEXFORD AT STEEPLECHASE", dated July 14, 1995, and recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Plat Book 18, page 51, a fifteen -foot (15') stormwater management access easement was shown and created along the northern boundary of Lot 20 and extending northerly along the eastern (rear) lot lines of lots 19, 18, and 17, the subject easement being designated on said plat as "15' ACCESS EASEMENT"; and, WHEREAS, by said subdivision plat, a ten -foot (10') access drive and fifteen -foot (15') stormwater management access easement was shown and created along the boundary line of Lots 13 and 14 (now 14A), the subject drive and easement being designated on said plat as "10' ACCESS DRIVE" and "15' S.W.M. ACCESS ESM'T.", and being further shown along the boundary line of Lots 13 and 14A on the 'Plat of Resubdivision Showing The Resubdivision of Lots 14, 15, & 16, Wexford At Steeplechase, Plat Book 18, Page 51, Creating Hereon Lots 14A, 15A, and 16A, Wexford At Steeplechase', recorded in the aforesaid Clerk's Office in Plat Book 19, Page 67; and, WHEREAS, the Petitioner, Wexford of Roanoke, Inc., is the developer of said subdivision and has requested that the above -described existing 15' access easements and 10' access drive be vacated; and, WHEREAS, in exchange, the Petitioner proposes that alternative 15' access easements on Lots 15A and 16A, designated and shown as "NEW 15' STORMWATER MANAGEMENT ACCESS EASEMENT" on the `Easement Plat Creating New 15' Stormwater Management Access Easement Crossing Lots 14A, 15A and 16A', dated March 20, 1998, prepared by Balzer and Associates, Inc., be conveyed to the Wexford Homeowners Association, t/a Wexford at Steeplechase Homeowners Association, which has responsibilities for maintenance of the stormwater management easements located on Lots 14A and 15A and on Lot 16A; and, WHEREAS, the County's engineering staff has reviewed and approved the proposed exchange of access easements, which will allow for a less burdensome, consolidated access to the stormwater management easements, and will not impose any greater burden on the Homeowners Association; 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 June 9, 1998; the public hearing and second reading of this ordinance was held on June 23, 1998. NOW THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That an existing 15' stormwater management access easement, shown and designated as "15' ACCESS EASEMENT" on the subdivision plat of "WEXFORD AT STEEPLECHASE", dated July 14, 1995, and recorded in the aforesaid Clerk's Office in Plat Book 18, page 51, said easement being along the northern boundary of Lot 20 and extending northerly along the eastern (rear) lot lines 2 of lots 19, 18, and 17, and further shown as "EXISTING 15' STORMWATER MANAGEMENT ACCESS ESM'T. TO BE VACATED" on Exhibit A attached hereto, be, and hereby is, vacated pursuant to Section 15.2-2272 of the Code of Virginia (1950, as amended), subject to the conditions contained herein. 2. That an existing 10' access drive and 15' stormwater management access easement, shown and designated as "10' ACCESS DRIVE" and "15' S.W.M. ACCESS ESM'T." on the subdivision plat of "WEXFORD AT STEEPLECHASE" (P. B. 18, pg. 51), and being shown and designated as "10' EXISTING ACCESS DRIVE" and "15' EXISTING S.W.M. ACCESS ESM'T." on the resubdivision plat of "WEXFORD AT STEEPLECHASE" (P. B. 19, pg. 67), said drive and easement being along the boundary line of Lots 13 and 14A (formerly Lot 14), and being further shown as "10' ACCESS DRIVE TO BE VACATED" and "15' S.W.M. ACCESS ESM'T. TO BE VACATED" on Exhibit A attached hereto, be, and hereby is, vacated pursuant to Section 15.2-2272 of the Code of Virginia (1950, as amended), subject to the conditions contained herein. 3. That alternative access easements on Lots 15A and 16A, designated as "NEW 15' STORM WATER MANAGEMENT ACCESS EASEMENT" on the `Easement Plat Creating New 15' Stormwater Management Access Easement Crossing Lots 14A, 15A and 16A', dated March 20, 1998, prepared by Balzer and Associates, Inc., a copy of which is attached hereto as Exhibit A and incorporated herein, shall be conveyed to the Wexford Homeowners Association, t/a Wexford at Steeplechase Homeowners Association, for purposes of ingress and egress to and from the stormwater management easements, said Association being responsible for the continuing maintenance of said stormwater management easements located on Lots 14A and 15A and Lot 16A. 3 4. That all costs and expenses associated herewith, including but not limited to publication, survey and recordation costs, shall be the responsibility of the Petitioner. 5. That the County Administrator, or an Assistant County Administrator, 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. 6. 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:\attomey\vlh\agenda\wexford.ord 4 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JUNE 9, 1998 ORDINANCE 060998-3 ENACTING SEC. 13-13.1 AUTHORIZED DISPOSAL OF TRASH: UNLAWFUL SCAVENGING OR HANDLING OF TRASH WHEREAS, Section 15.2-901 of the Code of Virginia, 1950, as amended, empowers localities by ordinance to authorize the proper disposal of trash, garbage, refuse, litter and other debris and to restrict unauthorized disposal; and WHEREAS, concerns have been raised by residents of the County as to unauthorized access to the trash disposed of in containers provided by the County or in privately owned containers contrary to the reasonable privacy expectations of these residents and contrary to the public's interest in protection of personally identifiable information concerning these residents; and WHEREAS, the unauthorized access to trash placed in containers for collection by County vehicles creates the potential for both economic damage to businesses located in the County and Toss of privacy rights to residents of the County; and WHEREAS, the first reading of this ordinance was held on May 12, 1998; and the second reading will be held on June 9, 1998. BE IT ORDAINED by the Board of Supervisors of the County of Roanoke, Virginia, as follows: 1. That Section 13-13.1, Authorized disposal of trash: unlawful scavenging or handling of trash of Chapter 13, Offenses - Miscellaneous of the Roanoke County Code be enacted as follows: Sec. 13-13.1 Authorized disposal of trash; unlawful scavenging or handling of trash. (a) For the purposes of this section, the following words and phrases shall have the meanings respectively ascribed to them by this subsection: (1) Commercial waste: All solid waste generated by establishments engaged in business operations other than manufacturing. [See Sec. 20-1.] (2) Scavenge: To handle, separate, rummage through, take from or otherwise remove goods, articles, identifiable information or any other item of tangible property. (3) Trash: Personal property, business or personal records, household or personal refuse, commercial waste, rubbish, garbage, litter, solid waste or debris, placed in bags or receptacles for disposal, excluding yard waste, wood or brush collection. (b) All trash shall be disposed of in automated container receptacles provided by the County in accordance with Sec. 20-24 of this code or in privately owned receptacles, bags or boxes. (c) It shall be unlawful for any person to scavenge in the trash of another, and no person, other than County employees acting within the scope of their employment, shall handle the contents of any receptacle containing trash which has been put therein for removal by the County. (d) No person, other than County employees, may place trash in County collection vehicles, excepting a "free loader" as defined by Sec. 20-1. 2. That this ordinance shall be in full force and effect from its passage. 2 On motion of Supervisor Nickens 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/AAE Clerk to the Board of Supervisors 3 cc: File Joseph Obenshain, Senior Assistant County Attorney Circuit 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. Harris, Judge William Broadhurst, Judge Vincent Lilley, Judge Julian H. Raney, Judge Jacqueline F. Ward Talevi, Judge Theresa A. Childress, Clerk R. Wayne Compton, Commissioner of Revenue Alfred C. Anderson, Treasurer Skip Burkart, Commonwealth Attorney Magistrates Sherri Krantz/Betty Perry Main Library Paul M. Mahoney, County Attorney Roanoke Law Library, 315 Church Avenue, S.W., Rke 24016 Roanoke County Law Library, Singleton Osterhoudt Roanoke County Code Book Gerald S. Holt, Sheriff Richard E. Burch, Jr., Chief, Fire & Rescue 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 A ACTION # ITEM NUMBER 6- " AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: June 9, 1998 AGENDA ITEM: SECOND READING OF ORDINANCE ENACTING SEC. 13-13.1, AUTHORIZED DISPOSAL OF TRASH; UNLAWFUL SCAVENGING OR HANDLING OF TRASH. COUNTY ADMINISTRATOR'S COMMENTS: BACKGROUND: #41vt( County residents have recently raised concerns about unauthorized tampering with or scavenging through County trash receptacles and trash bags placed out for pickup by County refuse trucks. Owners of private businesses have expressed concerns that information which their clients expected to remain confidential, including social security numbers or tax information, would become public knowledge as a result of such unexpected activities conducted without the permission of the owner of private or personnel information. Consultation with the Commonwealth's Attorney in response to questions raised at first reading of this ordinance has resulted in modifications to clarify the authority of County employees in handling trash. SUMMARY OF INFORMATION: The proposed ordinance substantially incorporates the language which has appeared in the Roanoke City Code since 1977. This ordinance, if adopted, would make it unlawful for any person to "scavenge in the refuse of another" or to handle the contents of a trash receptacle, except for County employees acting within the scope of their authority. Further, only County employees may place garbage or refuse in a County trash collection vehicle. In accordance with the provisions of Sec. 1-10 (b) of the Roanoke County Code, a violation of this ordinance would be considered a Class 1 misdemeanor punishable by a fine of not more than $2,500 or jail confinement for not more than 12 months or both. FISCAL IMPACT: None ALTERNATIVES: Alternative 1: Adopt the proposed ordinance and establish a criminal penalty for unauthorized scavenging or pilfering of a County resident's trash or garbage. Alternative 2: Do not adopt the proposed ordinance and require County residents to pursue civil legal action to redress any damages or violations of rights caused by unauthorized scavenging or pilfering of trash or garbage. STAFF RECOMMENDATION: Staff recommends the adoption of Alternative 1. Respectfully submitted, Jos Se enshain r Assistant County Attorney ACTION VOTE Approved ( ) Motion by: Denied ( ) Harrison Received ( ) Johnson Referred McNamara to Minnix Nickens No Yes Abs 1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JUNE 9, 1998 ORDINANCE ENACTING SEC. 13-13.1 AUTHORIZED DISPOSAL OF TRASH: UNLAWFUL SCAVENGING OR HANDLING OF TRASH WHEREAS, Section 15.2-901 of the Code of Virginia, 1950, as amended, empowers localities by ordinance to authorize the proper disposal of trash, garbage, refuse, litter and other debris and to restrict unauthorized disposal; and WHEREAS, concerns have been raised by residents of the County as to unauthorized access to the trash disposed of in containers provided by the County or in privately owned containers contrary to the reasonable privacy expectations of these residents and contrary to the public's interest in protection of personally identifiable information concerning these residents; and WHEREAS, the unauthorized access to trash placed in containers for collection by County vehicles creates the potential for both economic damage to businesses located in the County and loss of privacy rights to residents of the County; and WHEREAS, the first reading of this ordinance was held on May 12, 1998; and the second reading will be held on June 9, 1998. BE IT ORDAINED by the Board of Supervisors of the County of Roanoke, Virginia, as follows: 1. That Section 13-13.1, Authorized disposal of trash: unlawful scavenging or handling of trash of Chapter 13, Offenses - Miscellaneous of the Roanoke County Code be enacted as follows: Sec. 13-13.1 Authorized disposal of trash; unlawful scavenging or handling of trash. (a) For the purposes of this section, the following words and phrases shall have the meanings respectively ascribed to them by this subsection: G- (1) Commercial waste: All solid waste generated by establishments engaged in business operations other than manufacturing. [See Sec. 20-1.] (2) Scavenge: To handle, separate, rummage through, take from or otherwise remove goods, articles, identifiable information or any other item of tangible property. (3) Trash: Personal property, business or personal records, household or personal refuse, commercial waste, rubbish, garbage, litter, solid waste or debris, placed in bags or receptacles for disposal, excluding yard waste, wood or brush collection. (b) All trash shall be disposed of in automated container receptacles provided by the County in accordance with Sec. 20-24 of this code or in privately owned receptacles, bags or boxes. (c) It shall be unlawful for any person to scavenge in the trash of another, and no person, other than County employees acting within the scope of their employment, shall handle the contents of any receptacle containing trash which has been put therein for removal by the County. (d) No person, other than County employees, may place trash in County collection vehicles, excepting a "free loader" as defined by Sec. 20-1. 2. That this ordinance shall be in full force and effect from its passage. g:\...\jbo\trashord.598 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, June 9, 1998 ORDINANCE 060998-4 APPROPRIATING FUNDS FOR THE 1998-99 FISCAL YEAR BUDGET FOR ROANOKE COUNTY, VIRGINIA WHEREAS, upon notice duly published in the newspaper, a public hearing was held on April 22, 1997, concerning the adoption of the annual budget for Roanoke County for fiscal year 1997-98; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, approved said budget on May 13, 1997, pursuant to the provisions of Section 13.02 of the Roanoke County Charter and Chapter 4 of Title 15.1 of the 1950 Code of Virginia, as amended; and WHEREAS, the first reading of this appropriation ordinance was held on May 13, 1997, and the second reading of this ordinance was held on May 27, 1997, pursuant to the provisions of Section 18.04 of the Roanoke County Charter. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the following appropriations are hereby made from the respective funds for the period beginning July 1, 1997, and ending June 30, 1998, for the functions and purposes indicated: 1 County of Roanoke Proposed FY 1998-99 Budget June 9, 1998 Revenues: General Fund: General Government $ 103,087,232 Youth Haven II 442,655 Comprehensive Services 1,707,917 Law Library 41,980 Recreation Fee Class 719,629 Internal Services 1,912,829 Garage II 1,055,037 Total General Fund $ 108,967,279 Debt Service Fund $ 9,873,222 Capital Projects Fund $ 3,209,130 Beginning Balance 505,000 3,714,130 Internal Service Fund - Risk Management $ 892,468 Water Fund Beginning Balance $ 11,339,528 214,260 11,553,788 Sewer Fund $ 6,572,913 School Funds: Operating $ 87,233,241 Cafeteria 3,293,000 Grant 2,137,547 Textbook 851,675 Total School Fund $ 93,515,463 Total All Funds $ 235,089,263 06/11/98 10:46 AM m:\finance\budget\book-wk\APPROP99.WK4 County of Roanoke Proposed FY 1998-99 Budget June 9, 1998 Expenditures: General Government: General Administration Board of Supervisors $ 253,575 County Administrator 196,538 Community Relations 150,987 Asst. Co. Administrators 243,827 Human Resources 388,821 County Attorney 335,989 Economic Development 637,627 Total General Administration $ 2,207,364 Constitutional Officers Treasurer $ 573,344 Commonwealth Attorney 527,750 Victim/Witness 30,941 Commissioner of the Revenue 591,508 Clerk of the Circuit Court 739,820 Sheriffs Office 1,167,909 Care & Confinement of Prisoners 3,017,688 Total Constitutional Officers $ 6,648,960 Judicial Administration Circuit Court $ 132,268 General District Court 40,478 Magistrate 1,255 J & DR Court 10,429 Court Service Unit 332,385 Total Judicial Administration $ 516,815 Management Services County Assessor $ 712,030 Financial Planning 714,653 Public Transportation 105,200 Management and Budget 128,776 Procurement Services 310,795 Total Management Services $ 1,971,454 06/11/98 10:46 AM m:\finance\budget\book-wk\APPROP99.WK4 County of Roanoke Proposed FY 1998-99 Budget June 9, 1998 Public Safety Police $ 6,049,087 Transportation Safety Commission 960 E911 Maintenance 635,388 Fire and Rescue 4,629,523 Total Public Safety $ 11,314,958 Community Services General Services $ 238,755 Solid Waste 3,087,301 Property Management 83,271 Engineering and Inspections 2,544,093 Building Maintenance 1,234,564 Planning and Zoning 575,687 Planning Commission 20,612 Total Community Services $ 7,784,283 Human Services Grounds Maintenance $ 1,376,236 Parks and Recreation 1,408,222 Public Health 420,333 Social Services Administration 2,546,536 Public Assistance 1,397,400 Institutional Care 28,596 Social Service Organizations 126,832 Contributions Human Service Organizations 95,910 Contributions Cultural Organizations 244,661 Library 1,716,979 VPI Extension 79,720 Elections 188,750 Total Human Services $ 9,630,175 Non -Departmental Employee Benefits $ 1,395,000 Miscellaneous 590,000 Internal Service Charges 1,629,612 Total Non -Departmental $ 3,614,612 06/ 11 /98 10:46 AM m:\finance\budget\book-wk\APPROP99.WK4 J County of Roanoke Proposed FY 1998-99 Budget June 9, 1998 Transfers to Other Funds Transfer to Debt - General Transfer to Debt Service - School Transfer to Capital Transfer to Schools Transfer to Schools - Dental Insurance Transfer to Internal Services Transfer to Comprehensive Services Transfer to Youth Haven II Transfer to Garage II Total Transfers to Other Funds Unappropriated Balance Board Contingency Total General Government Youth Haven II Comprehensive Services Law Library Recreation Fee Class Internal Services Management Information Systems Communications Total Internal Services Garage II Total General Fund $ 3,898,703 2,711,525 3,209,130 46,325,723 257,025 892,468 789,000 50,000 1,055,037 $ 59,188,611 210,000 $ 103,087,232 442,655 1,707,917 41,980 719,629 1,338,878 573,951 $ 1,912,829 $ 1,055,037 $ 108,967,279 06/11/98 10:46 AM m:\finance\budget\book-wk\APPROP99.WK4 County of Roanoke Proposed FY 1998-99 Budget June 9,1998 Debt Service Fund $ 9,873,222 Capital Projects Fund $ 3,714,130 Internal Services Fund - Risk Management $ 892,468 Water Fund $ 11,413,942 Unappropriated Balance 139,846 11,553,788 Sewer Fund Unappropriated Balance $ 5,809,636 763,277 6,572,913 School Funds: Operating $ 87,233,241 Cafeteria 3,293,000 Grant 2,137,547 Text Book 851,675 Total School Funds $ 93,515,463 Total All Funds $ 235,089,263 In addition to the above revenues and expenditures, the following beginning balances will be appropriated to the Unappropriated Balances of the respective funds: General Fund $ 7,000,000 Capital Projects Fund 175,000 Water Fund 2,464,564 Sewer Fund 4,551,502 The Capital Fund Revenue and Expenditure Budget includes a reallocation of funds from the Capital Fund Unappropriated Fund Balance in the amounts listed for the following projects: Center for Research and Technology 100,000 Blue Ridge Parkway Interpretive Center 30,000 South County Park Development 100,000 North County Soccer Field 50,000 Police Firing Range 50,000 Courthouse Renovations 75,000 McDonald Farm 100,000 06/11/98 10:46 AM m:\finance\budget\book-wk\APPROP99.WK4 2. That the County Administrator may authorize or delegate the authorization of the transfer of any unencumbered balance or portion thereof from one department to another within a fund. 3. That all funded outstanding encumbrances, both operating and capital, at June 30, 1997, are reappropriated to the 1997-98 fiscal year to the same department and account for which they are encumbered in the previous year. 4. That appropriations designated for capital projects will not lapse at the end of the fiscal year but shall remain appropriated until the completion of the project or until the Board of Supervisors, by appropriate action, changes or eliminates the appropriation. Upon completion of a capital project, staff is authorized to close out the project and transfer to the funding source any remaining balances. This section applies to appropriations for Capital Projects at June 30, 1997, and appropriations in the 1997-98 budget. 5. That all school fund appropriations remaining at the end of the 1996-97 fiscal year not lapse but shall be appropriated to the School Capital Improvements Fund in fiscal year 1997-98. 6. That all General Fund appropriations remaining unexpended at the end of the 1996-97 fiscal year not lapse but shall be reappropriated as follows: a) 40% of these unexpended appropriations shall be transferred to the unappropriated Capital Fund Balance; b) 60% of these unexpended appropriations shall be re -appropriated to the same department for expenditure in fiscal year 1997-98 as provided by Resolution 7 4- 042396-5. On motion of Supervisor Nickens to adopt the ordinance with elimination of funds for Convention and Visitors Bureau and Regional Chamber of Commerce dues; funds to be rolled over to Board Contingency Fund until after work session on funding for these agencies; and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None A COPY TESTE: Mary H. Allen, CMC/AAE Clerk to the Board of Supervisors cc: File W. Brent Robertson, Budget Manager Diane D. Hyatt, Director, Finance John M. Chambliss, Jr., Assistant Administrator Don C. Myers, Assistant Administrator Paul M. Mahoney, County Attorney Joseph Sgroi, Director, Human Resources 8 ACTION NO. ITEM NUMBER a- -0 r3-. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: June 9, 1998 AGENDA ITEM: Second Reading of the Fiscal Year 1998-99 Budget Appropriation Ordinance. COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The 1998-99 fiscal year budget was presented to the Board of Supervisors on May 12, 1998. A budget public hearing was held on May 12, 1998 to receive written and oral comment from the public concerning the proposed budget and FY1999-2003 Capital Improvements Program. Attached for your approval is the 1998-99 fiscal year Budget Appropriation Ordinance. Several minor changes in the Capital Improvements Program narrative (from the first reading on May 13, 1997) have been made and are summarized in the attached memo. This year's presentation of the Appropriation Ordinance again includes Projected Fund Balance amounts. This presentation discloses all significant financial resources available to fund County operations for FY98-99. Several capital items have been funded from Unappropriated Capital Balances. These items have been listed in order to reallocate funds to the specified projects. The total County budget is $235,089,263. This includes all interfund and intrafund transfers. The budget net of transfers is $167,450,483. STAFF RECOMMENDATION: The format of the Appropriation Ordinance conforms with the reporting basis used at year-end in the Comprehensive Annual Financial Report. This presentation allows the same level of budget comparison as is required by Generally Accepted Accounting Principles for financial reporting purposes. This format will also more consistently apply the appropriation on a fund basis for County Funds as has been used to appropriate School Funds in the past. Staff recommends approval of the second reading of the 1998-99 fiscal year Budget Appropriation Ordinance. Staff also recommends approval of the attached Classification Plan for fiscal year 1998-99. Respectfully submitted, Approved by, W. Brent Robertson Elmer C. Hodge Budget Manager County Administrator ACTION VOTE Approved () Motion by: No Yes Abs Denied () Harrison _. — _ Received () Johnson _ i Referred () McNamara _... To () Minnix __.. .._ Nickens — ._ _ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JUNE 9,1998 ORDINANCE APPROPRIATING FUNDS FOR THE 1998-99 FISCAL YEAR BUDGET FOR ROANOKE COUNTY, VIRGINIA WHEREAS, upon notice duly published in the newspaper, a public hearing was held on May 12, 1998, concerning the adoption of the annual budget for Roanoke County for fiscal year 1998-99; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, approved said budget on May 26, 1998, pursuant to the provisions of Section 13.02 of the Roanoke County Charter and Chapter 4 of Title 15.1 of the 1950 Code of Virginia, as amended; and WHEREAS, the first reading of this appropriation ordinance was held on May 26, 1998, and the second reading of this ordinance was held on June 9, 1998, pursuant to the provisions of Section 18.04 of the Roanoke County Charter. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the following appropriations are hereby made from the respective funds for the period beginning July 1, 1998, and ending June 30, 1999, for the functions and purposes indicated: County of Roanoke Proposed FY 1998-99 Budget June 9, 1998 Revenues: General Fund: General Government Youth Haven II Comprehensive Services Law Library Recreation Fee Class Internal Services Garage II Total General Fund Debt Service Fund Capital Projects Fund Beginning Balance Internal Service Fund - Risk Management Water Fund Beginning Balance $ 103,087,232 442,655 1,707,917 41,980 719,629 1,912,829 1,055,037 $ 108,967,279 $ 9,873,222 $ 3,209,130 505,000 3,714,130 $ 892,468 $ 11,339,528 214,260 11,553,788 Sewer Fund $ 6,572,913 School Funds: Operating $ 87,233,241 Cafeteria 3,293,000 Grant 2,137,547 Textbook 851,675 Total School Fund $ 93,515,463 Total All Funds $ 235,089,263 06/02/98 11:15 AM m:\finance\budget\book-wk\APPROP99.WK4 County of Roanoke Proposed FY 1998-99 Budget June 9,1998 Expenditures: General Government: General Administration Board of Supervisors County Administrator Community Relations Asst. Co. Administrators Human Resources County Attorney Economic Development $ 256,075 196,538 150,987 243,827 388,821 335,989 745,127 Total General Administration $ 2,317,364 Constitutional Officers Treasurer $ 573,344 Commonwealth Attorney 527,750 Victim/Witness 30,941 Commissioner of the Revenue 591,508 Clerk of the Circuit Court 739,820 Sheriffs Office 1,167,909 Care & Confinement of Prisoners 3,017,688 Total Constitutional Officers $ 6,648,960 Judicial Administration Circuit Court $ 132,268 General District Court 40,478 Magistrate 1,255 J & DR Court 10,429 Court Service Unit 332,385 Total Judicial Administration $ 516,815 Management Services County Assessor $ 712,030 Financial Planning 714,653 Public Transportation 105,200 Management and Budget 128,776 Procurement Services 310,795 Total Management Services $ 1,971,454 06/02/98 11:15 AM m:\finance\budget\book-wk\APPROP99.WK4 G-- County of Roanoke Proposed FY 1998-99 Budget June 9, 1998 Public Safety Police Transportation Safety Commission E911 Maintenance Fire and Rescue Total Public Safety Community Services General Services Solid Waste Property Management Engineering and Inspections Building Maintenance Planning and Zoning Planning Commission Total Community Services Human Services Grounds Maintenance Parks and Recreation Public Health Social Services Administration Public Assistance Institutional Care Social Service Organizations Contributions Human Service Organizations Contributions Cultural Organizations Library VPI Extension Elections Total Human Services Non -Departmental Employee Benefits Miscellaneous Internal Service Charges Total Non -Departmental $ 6,049,087 960 635,388 4,629,523 $ 11,314,958 $ 238,755 3,087,301 83,271 2,544,093 1,234,564 575,687 20,612 $ 7,784,283 $ 1,376,236 1,408,222 420,333 2,546,536 1,397,400 28,596 126,832 95,910 244,661 1,716,979 79,720 188,750 $ 9,630,175 $ 1,395,000 590,000 1,629,612 $ 3,614,612 06/02/98 11:15 AM m:\finance\budget\book-wk\APPROP99.WK4 County of Roanoke Proposed FY 1998-99 Budget June 9, 1998 Transfers to Other Funds Transfer to Debt - General Transfer to Debt Service - School Transfer to Capital Transfer to Schools Transfer to Schools - Dental Insurance Transfer to Internal Services Transfer to Comprehensive Services Transfer to Youth Haven II Transfer to Garage II $ 3,898,703 2,711,525 3,209,130 46,325,723 257,025 892,468 789,000 50,000 1,055,037 Total Transfers to Other Funds $ 59,188,611 Unappropriated Balance Board Contingency 100,000 Total General Government $ 103,087,232 Youth Haven II $ 442,655 Comprehensive Services $ 1,707,917 Law Library $ 41,980 Recreation Fee Class $ 719,629 Internal Services Management information Systems $ 1,338,878 Communications 573,951 Total Internal Services Garage II Total General Fund $ 1,912,829 $ 1,055,037 $ 108,967,279 06/02/98 11:15 AM m:\finance\budget\book-wk\APPROP99.WK4 County of Roanoke Proposed FY 1998-99 Budget June 9,1998 Debt Service Fund Capital Projects Fund Internal Services Fund - Risk Management Water Fund Unappropriated Balance Sewer Fund Unappropriated Balance School Funds: Operating Cafeteria Grant Text Book Total School Funds Total All Funds $ 9,873,222 $ 3,714,130 $ 892,468 $ 11,413,942 139,846 11,553,788 $ 5,809,636 763,277 6,572,913 $ 87,233,241 3,293,000 2,137,547 851,675 $ 93,515,463 $ 235,089,263 In addition to the above revenues and expenditures, the following beginning balances will be appropriated to the Unappropriated Balances of the respective funds: General Fund Capital Projects Fund Water Fund Sewer Fund $ 7,000,000 175,000 2,464,564 4,551,502 The Capital Fund Revenue and Expenditure Budget includes a reallocation of funds from the Capital Fund Unappropriated Fund Balance in the amounts listed for the following projects: Center for Research and Technology Blue Ridge Parkway Interpretive Center South County Park Development North County Soccer Field Police Firing Range Courthouse Renovations McDonald Farm 100,000 30,000 100,000 50,000 50,000 75,000 100,000 06/02/98 11:15 AM m:\finance\budget\book-wk\APPROP99.WK4 2. That the County Administrator may authorize or delegate the authorization of the transfer of any unencumbered balance or portion thereof from one department to another within a fund. 3. That all funded outstanding encumbrances, both operating and capital, at June 30, 1998, are reappropriated to the 1998-99 fiscal year to the same department and account for which they are encumbered in the previous year. 4. That appropriations designated for capital projects will not lapse at the end of the fiscal year but shall remain appropriated until the completion of the project or until the Board of Supervisors, by appropriate action, changes or eliminates the appropriation. Upon completion of a capital project, staff is authorized to close out the project and transfer to the funding source any remaining balances. This section applies to appropriations for Capital Projects at June 30, 1998, and appropriations in the 1998-99 budget. 5. That all school fund appropriations remaining at the end of the 1997-98 fiscal year not lapse but shall be appropriated to the School Capital Improvements Fund in fiscal year 1998-99. 6. That all General Fund appropriations remaining unexpended at the end of the 1997-98 fiscal year not lapse but shall be reappropriated as follows: a) 40% of these unexpended appropriations shall be transferred to the unappropriated Capital Fund Balance; b) 60% of these unexpended appropriations shall be re -appropriated to the same department for expenditure in fiscal year 1998-99 as provided by Resolution 042396-5. INTER OF FICE MEMO To: Members, Board of Supervisors Elmer C. Hodge From: Stephen Kleiber Subject: Updates to CIP Date: June 3, 1998 Per the Board of Supervisors request at the May 26, 1998 Board meeting, two updates have been made to the FY 1999-2003 Capital Improvement Plan. First, a new project has been included for provision of a lighted soccer field in North County. Second, the project titled Southwest County District Park Land has been retitled to Southwest County District Park Development in order to more accurately reflect the scope of the project. The descriptions on these project sheets will be updated and included in the final version of the CIP which will be published in early July. Thank you very much for helping us to provide the most accurate information in this document. 6ulpiing A;a;es ollgnd peon sullloH leluao A;a;eS ollgnd )looN 6ul6ueH suol;lppy Aeg uol;e;g sal;!IlgedeC 6ul6ed apej6d1 Mount Pleasant Public Safety Building Clearbrook Public Safety Building Bunk Rooms - Catawba, Bent Mt, Masons Cove suol;e;$ aseg zHIN 008 Fire and Emergency Medical Training Center Network Fire and Rescue Facilities 6 (JI (J1 8 N v 0) O Es; 8 8 173 anosaa +g a a 0 rTi m m 9a j m 0 0 y Renovate 2nd and 3rd Floor -- RCAC wa;s/(S 6ulglwJad pa;ewo;ny 8 II aseyd SIJ 0 m 0 m m 0 0 3 0 0 N m 3 3 0 0 m County -Wide Road Improvements (2) Regional Stormwater Management/Drainage • N N _' Qo t5 t5 t5 suo paasu) +g nupaautbu3 ea o/wouoo3 fe;o;gns North Roanoke County Industrial Park N Blue Ridge Parkway Interpretation Center Center for Research and Technology W 4uawdOIaAGa 3swou033 joidnuauapeda 66-8661 Ad 00-6661 Ad O N £0-ZOOZ Ad n cn 3 _ 3 • <O ✓ 0�(D " ,�N 0 $�.�-.7 a (0 a) Gl 3 a&22e ƒ ƒ f ƒ / & CD C C a 3 IT 0 CD DO / - 0 / ( O. 3 3 E } } . - } ° 0 Uf �k//O o - , , — \ -71 \ \ / 0 0 0 2 3 0 0 0 /0-• _ TO £ , N ) % 00'< 2 0 & •§J/ co O. to sv CO ¢ a E E 7.1 0 E 0 § � w uewpedeo shipa4S Ie;oagns / c / c Renovation of Roanoke County/Salem Jail Courthouse Entrance Renovation for Security A § k \ § aa s,yua4S 3 I Hod moms / ;uawpedea aollod -- aoedg aol;;p Criminal Records System Improvement Program uolsuedx3 ;Ines eouepin3 walsi S Ieuiwial elea allgow a6ueN swJeaald / $ / t / § § § § § ;uawredaa 93110d &u/uoZ 9 5wuue/d /eMgnS sAemuaaJO apiM-Iunoa Commercial Neighborhood Incentive Funds @ & % @ / $ / / § § § § § R 8 8 8 8/ § § § § § / § § § § § § / / / / / § § § § § § k t/ q t 2 § § § § § \ 7 7 7 > CC & ; E buiuoz pue uteuueId 0 oJdpuawPe a 66-8661 Ad 00-6661 Ad lo-oo0z Ad � CO £0-zooz Ad x3 pelewlls3 CLASSIFICATION PLAN FY 1998-1999 Part I - Classified Positions E E O 0. 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CO CO CO CO vim') M CO CO 0) 0 0) 0) N O LO CO County Attorney Exempt/Compensatory Senior Assistant County Attorney Planning and Zoning Parks and Recreation s z a) a) C c O O C 0 Engineering and Inspections Fire and Rescue Social Services • z z I m CO CO CO C CC C O O O O Human Resources Economic Development General Services o z z z a) a) m m C C C C O O O O a) a) a) m Commonwealth's Attorney 0/) N b a a n n E E d a) x x w w Director of Planning and Zoning Director of Parks and Recreation iN M O .N- r CI CO CO 0) CO M N_ • O 0 a a a a a n n a EEEE a) a) a) a) x x x x w w w w Director of Engineering and Inspections Utility Director Chief of Fire and Rescue Social Services Director N V Cr ▪ CO 0) • cr 0) 1')') (o off') _N N 0 0 b a a a a n n a EEEE a) a) (1) a) x X X x w w w w Director of Human Resources Director of Finance Director of Economic Development Director of General Services Exempt/Compensatory Management Information Systems 8 O d (0 (0 CO a) C C O O .ID N 0) (1)- CO O CO N r O O O N 0) O (0 r N Management/Human Services N co (ri 0) 0) N 0 O r (0 County Attorney Chief Assistant Commonwealth's Attorney M N M N. Csl CO Cs1 CO N CO V W N O N N O M M CO CO CO O U N N 6 0 a a n n E E a) ID x x w w Director of Management Information Systems Chief of Police 0) o N N. M (OO O Ul a E a) x w Assistant County Administrator a E a) x w County Attorney co O 0 (+) N CO 0) O O O N 0) 0 CO M 0) N 0) CO 0) 0) n O N CO O O County Administrator Exempt/Discretionary County Administrator 0 M M Total Classified Positions Z J a 0 H Q cn J U FY 1998-1999 C) t co a 1- O U c (0 E co t 0 12 0 m Board Vice Chairman Board Member Commissioner of the Revenue Commonwealth's Attorney Clerk of the Circuit Court N N O (r) O O o LC) LO LO t M M to O) a) O) N 00 CO 0) CO 0 a) (0 ns � O N a c Ucn N >, (0 U • 0 rn E E Total Unclassified Positions CLASSIFICATION PLAN FY 1998-1999 E E x l6 O O. E E 2 i E M� W O N 0 E O as 0 a a) d E LL cC L N O E N d -13 — C 0 d LL r C4 rLn V 0 O 0 m us 0 N sr N 'R N N W 03 O Commonwealth's Attorney Victim Witness Assistant CD sr CO Position funded through the Department of Criminal Justice Services until 6/30/99. ai 0 Z co N W I0 00 00 N ai County Attorney Exempt/Discretionary Construction Performance Coordinator co N W N co 0 II) CO 0 cn 0. E a) aa)) 0 Z Deputy Sheriff 0 0 CO O Compensation Board emergency funded positions for a period of one year ending June 30, 1999. ai Z sr 0 0 Iri co Criminal Investigator VSTOP Grant ai Z M Risk Management E a) x a) 0 Z Workers Compensation Rehabilitation Worker Unclassified CO Total Grant Funded and Temporary Positions FY 1998-1999 E E f6 2 O C V C. c 0 +J C. • E (,� W O • z W c o }+ Q L a) a 0 0 0 • N tl! CD as 0 Part IV - Roanoke Va w O U a) 0L COLO LO O CO C N O LO N N O O N N Cable Television Exempt/Compensatory Television Producer CD Cable Television Exempt/Compensatory Assistant Station Manager Cable Television Exempt/Compensatory Cable Television Gov't Access Coordinator co O N Total Roanoke Valley Television Positions Cr d CLASSIFICATION PLAN FY 1998-1999 Part V - Roanoke Valley Greenway Project E E X a3 2 .O a 2 E E 2 d. E w 0 z m E a) a m 0 a) H Planning & Zoning Exempt/Discretionary Roanoke Valley Greenway Coordinator Unclassified Total Roanoke Valley Greenway Project v co co Nt Classified Positions Unclassified Positions Grant Funded and Temporary Full -Time Positions with Benefits t .t .t CD CU RS Q 0 0_ c0 (0 ti Total County Positions Tr Roanoke Valley Television - Government and Educational Access Roanoke Valley Greenway Project > > co as a a 11) Total Roanoke Valley Television/Greenway Project Positions Classification Plan FY 1998-1999 MIDPOINT MINIMUM HOURLY ANNUAL .--i N — 10.6594 22,171 11.1924 23,280 11.7519 24,443 v3 V't N s M M N r 12.9564 26,949 13.6045 28,297 14.2845 29,711 14.9987 31,197 15.7486 32,757 M 400 en en en � v3 17.3628 36,114 18.2313 37,921 19.1426 39,816 20.1000 41,808 21.1050 43,898 22.1600 46,092 23.2681 48,397 24.4316 50,817 25.6532 53,358 26.9358 56,026 28.2827 58,828 29.6967 61,769 00 .r-i 00 _ M 32.7407 68,100 34.3778 71,505 36.0967 75,081 37.9015 78,835 N N v3 v3 N CN M 41.7864 86,915 43.8756 91,261 46.0693 95,824 48.3731 100,616 50.7917 105,646 53.3313 110,929 s 00 s C HOURLY ANNUAL 8.5049 17,690 8.9302 18,574 M O Q, .-r 00 M rn 9.8454 20,478 1 10.3378 21,502 10.8546 22,577 11.3976 23,707 11.9673 24,891 12.5657 26,136 13.1939 27,443 13.8536 28,815 14.5462 30,256 15.2737 31,769 16.0373 33,357 N kr) O kr) M M a 00 v3 17.6813 36,777 18.5652 38,615 19.4935 40,546 20.4681 42,573 21.4916 44,702 22.5661 46,937 23.6945 49,284 24.8792 51,748 26.1232 54,336 27.4293 57,052 28.8008 59,905 30.2410 62,901 31.7530 66,046 33.3405 69,348 35.0077 72,816 36.7580 76,456 38.5959 80,279 40.5258 84,293 42.5521 88,508 44.6797 92,933 46.9136 97,580 HOURLY ANNUAL 6.8581 14,264 7.2009 14,977 7.5610 - 15,726 7.9390 16,513 8.3360 - 17,338 8.7528 18,205 9.1906 19,116 9.6499 20,071 10.1326 21,075 10.6391 22,129 11.1709 23,235 11.7296 24,397 12.3161 25,617 12.9319 26,898 13.5784 28,243 14.2575 29,655 14.9703 31,138 15.7188 32,695 16.5047 34,329 17.3299 36,046 18.1964 37,848 19.1062 39,740 20.0618 41,728 21.0647 43,814 22.1180 46,005 23.2239 48,305 24.3852 50,721 s V1 N M Cr O v N 26.8845 55,919 28.2289 - 58,716 29.6404 61,652 .7 M s 4 v) M N N M 32.6785 67,971 34.3124 71,369 36.0280 74,938 37.8293 78,684 GRADE 00 ON 1 of .-. .--i N .--i M .-r 14 ..... S 00 CT, 20 NNNN N M • 25 26 N N 28 O\ N 30 --. M N M M M 34 35 s.O M N M 00 M 0N M 40 42 M 'mot ACTION NUMBER ITEM NUMBER /1 1- CP AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: June 9, 1998 SUBJECT: Appointments to Committees, Commissions and Boards COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: 1. COMMUNITY POLICY AND MANAGEMENT TEAM The three year term of Rita J. Gliniecki, Parent Representative, will expire 06/30/98. The Community Policy and Management team will make a recommendation for this appointment which will be confirmed by the Board of Supervisors. The CPMT has recommended the reappointment of Ms. Gliniecki and ratification of her appointment is on the Consent Agenda. 2. FIFTH PLANNING DISTRICT COMMISSION The three year term of Ms. Pat Dean, Citizen Representative will expire 06/30/98. Ms. Dean is eligible for reappointment. 3. LEAGUE OF OLDER AMERICANS - ADVISORY COUNCIL The one year term of Dee Pincock expired March 31, 1998. Mr. Pincock is eligible for reappointment. 4. PARKS & RECREATION ADVISORY COMMISSION The three year terms of Bobby G. Semones, Vinton District and David A. Thompson, Hollins District; will expire 06/30/97. Additionally, the unexpired term 1 4 L of Richard Cox, Hollins District is vacant due to Mr. Cox's resignation. His term will expire 06/30/00. Supervisor Johnson is reappointing David Thompson to another three-year term which will expire June 30, 2001. Supervisor Johnson is also appointing Deborah George to fill Richard Cox's unexpired term. Her term will expire June 30, 2000. Confirmation of these appointments is on the Consent Agenda. 5. ROANOKE VALLEY REGIONAL CABLE TV COMMITTEE The three year term of James B. Dickey, Member at Large, will expire 06/13/98. 6. VIRGINIA WESTERN COMMUNITY COLLEGE BOARD The four year term of Stanard F. "Stan" Lanford will expire 06/30/98. SUBMITTED BY: APPROVED BY: Mary H. AI en, CMC/AAE Clerk to the Board Elmer C. Hodge County Administrator ACTION Approved ( ) Motion by: Harrison Denied ( ) Johnson Received ( ) McNamara Referred ( ) Minnix To ( ) Nickens cc: File 2 VOTE No. Yes Abs AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JUNE 9, 1998 RESOLUTION 060998-5 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 June 9, 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 6, inclusive, as follows: 1. Approval of Minutes for May 12, 1998 2. Confirmation of committee appointments to the Fifth Planning District Commission, the Highway and Transportation Safety Commission, the Parks and Recreation Advisory Commission and the Roanoke Valley Detention Commission. 3. Ratification of appointment to the Community Policy and Management Team (CPMT). 4. Request from Schools to accept $725,000 technology grant to purchase computers, peripherals and networking for instructional use. 5. Request for adoption of a resolution approving the submission of a Virginia Recreation Trails Grant application for Wolf Creek Greenway. 6. Authorization to proceed within budget with the construction of bunkrooms and restrooms at Fort Lewis and Hollins Fire and Rescue Stations. (William Rand, General Services Director) 2. That the Clerk to the Board is hereby authorized and directed where required i • 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 with Item 6 removed, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None On motion of Supervisor Harrison approve item 6 of 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/AAE Clerk to the Board of Supervisors cc: File Diane D. Hyatt, Director, Finance Dr. Jane James, Director of Technology Dr. Deanna Gordon, School Superintendent Brenda Chastain, Clerk, School Board John M. Chambliss, Jr., Assistant Administrator William J. Rand, III, Director, General Services Richard Burch, Chief, Fire & Rescue Elaine Carver, Director, Procurement 2 May 12, 1998 ) 301 Roanoke County Administration Center 5204 Bernard Drive Roanoke, Virginia 24018 May 12, 1998 The Board of Supervisors of Roanoke County, Virginia, met this day at the Roanoke County Administration Center, this being the second Tuesday, and the first regularly scheduled meeting of the month of May, 1998. N RE: CALL TO ORDER Chairman Johnson called the meeting to order at 3:01 p.m. The roll call was taken. Commissioner of the Revenue Wayne Compton introduced government students who were present from Cave Spring High School. MEMBERS PRESENT: Chairman Bob L. Johnson, Vice Chairman Harry C. Nickens, Supervisors Fenton F. "Spike" Harrison, H. Odell "Fuzzy" Minnix MEMBERS ABSENT: Supervisor Joseph McNamara 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, Director, Community Relations IN RE: OPENING CEREMONIES The invocation was given by the Reverend Phillip Whitaker, Brambleton Baptist Church. The Pledge of Allegiance was recited by all present. May12,1998 303 Chairman Johnson presented the proclamation to Dr. John Kern and Dr. Deedie Kagey. Dr. Kagey presented a merit award to Roanoke County for the County's work on the Hanging Rock Battlefield project. Supervisor Harrison moved to adopt the proclamation. The motion carried by the following recorded vote: AYES: Supervisors Minnix, Harrison, Nickens, Johnson NAYS: None ABSENT: Supervisor McNamara 3. Proclamation declaring the week of May 17 - 23 as Wireless Safety Week in Roanoke County. Chairman Johnson presented the proclamation to Ms. Rene Mengerink, United States Cellular. Supervisor Harrison moved to adopt the proclamation. The motion carried by the following recorded vote: AYES: Supervisors Minnix, Harrison, Nickens, Johnson NAYS: None ABSENT: Supervisor McNamara IN RE: NEW BUSINESS 1. Request for funding for the Actuarial Study of the Early Retirement System. (Diane Hyatt, Finance Director) May 12, 1998 305 2. Request for approval and funding of Construction Performance Coordinator Position. (Elmer C. Hodge, County Administrator) A-051298-2 This was heard following the work session. Mr. Hodge reported that the Board has directed the staff to prepare a job description and advertise for a new position of Construction Performance Coordinator. This position will have project management responsibilities over construction projects relating to the Schools Capital Construction Program. The position will report to the County Administrator but will work cooperatively with the School Board and School Administration to coordinate the entire program. The position is currently advertised at a grade 29 with a starting salary range of $38,961 to $48,319 and is considered as a temporary full time position of indefinite duration. Mr. Hodge recommended that the position be funded from monies reappropriated from the 1997-98 School Debt that was budgeted for debt payment on Literary Loans that were not finalized during the 1997-98 fiscal year. Mr. Hodge was directed to work with School Superintendent Dr. Gordon on the job description and duties. Supervisor Nickens moved to approve the funding and position. The motion carried by the following recorded vote: AYES: Supervisors Minnix, Harrison, Nickens, Johnson NAYS: None May 12, 1998 307 to bring the projects in on time and within the $350,00 budget and report back to the Board after meeting with Balzer and Associates. 4— Preliminary approval of citizens' requests to file a complaint with the F.C.C. to review increase in cable programming services rates of Cox Communications. (Joseph Obenshain. Sr. Assistant County Attorney) A-051298-3 Mr. Obenshain advised that Roanoke County has received complaints from twelve citizens requesting a review of Cox Communications Roanoke Inc. increase of its rates for C.P.S. effective March 1, 1998. In order to properly file a request with the FCC for review of this rate increase, Roanoke County, as the franchising authority, must make an initial determination that not more than 90 days have elapsed from the date the rate increase went into effect until the subscriber complaints were received and that such rate increase pertains to the C.P.S. tier of cable service. If Roanoke County intends to submit a complaint to the FCC, it must first send a written notice including a draft FCC form 329 to Cox Communications Roanoke. The cable operation is permitted at least 30 days to file a response with the County. Supervisor Nickens inquired whether the 27 cents increase was per customer or 27 cents per month per customer. Mr. Obenshain replied that it was 27 cents per month per customer. Supervisor Nickens pointed out that he did not feel the complaints should be forwarded for small amounts of money because there was substantial taxpayer dollars May 12, 1998 309 the Squad's operating budget. Insurance expenses for the ambulance will be paid from the Risk Management budget. Mr. Chambliss requested approval to increase the number of authorized vehicles for the Fire and Rescue Department by one, and adding the new ambulance to the County's insurance policy. Supervisor Johnson moved to approve the increase in number of vehicles. The motion carried by the following recorded vote: AYES: Supervisors Minnix, Harrison, Nickens, Johnson NAYS: None ABSENT: Supervisor McNamara IN RE: FIRST READING OF ORDINANCES 1. First reading of ordinance authorizing vacation of the northeasterly ten feet of an existing 20-foot waterline easement on Lot 10A of Larson Oaks Subdivision and acceptance of a new 10- foot waterline easement on Lot 9, Larson Oaks. (Arnold Covey, Director of Engineering & Inspections) Mr. Covey advised that the existing 20 foot waterline easement on Lot 10 was dedicated by subdivision plat for Larson Oaks. The petitioners, George P. Baron and Tammy O. Baron acquired lots 9, 10, 11 and 12 then resubdivided Lots 10, 11 and 12 to Lots 10A, 11A and 12A. The petitioners are requesting that the Board vacate the northeasterly ten feet of an existing twenty -foot water line easement along the boundary of Lot 9. In exchange the Barons propose to convey a new ten -foot waterline easement May 12, 1998 311 NAYS: None ABSENT: Supervisor McNamara 3. First reading of ordinance to vacate a part of a platted unnamed, abandoned 25-foot wide right-of-way as shown on the map of Lee Mitchell subdivision. Plat Book 3, Page 203 and located in the Catawba Magisterial District. (Arnold Covey, Director of Engineering & Inspections) Mr. Covey advised that the petitioner, Lloyd M. Tingler is the owner of the parcel adjacent to the property which is described as a part of Lee Mitchell Subdivision. He wants to vacate this abandoned right of way which is 25 feet wide by 336 feet long adjacent to this property. Once the right-of-way is vacated, the property will be combined with the property adjacent to the south side of the former right-of-way. Supervisor Harrison Minnix moved to approve the first reading and set the second reading and public hearing for May 26, 1998. The motion carried by the following recorded vote: AYES: Supervisors Minnix, Harrison, Nickens, Johnson NAYS: None ABSENT: Supervisor McNamara 4. First reading of ordinance enacting Section 13-13.1. of the May 12, 1998 313 opposite the intersection of Starkey Road and Merriman Road in the Cave Spring Magisterial District surplus and accepting/rejecting an offer for the exchange of same with portions of property owned by Charles R. Lemon and Anne L. Lemon and Curtis L. Lemon and Dorothy D. Lemon. (Pete Haislip, Director of Parks and Recreation) This item was continued until May 26, 1998. 6. First reading of ordinance authorizing a lease allowing CFW to install an antenna on the Avenham Water Tank. (Gary Robertson, Utility Director) Mr. Robertson advised that CFW has approached the Roanoke County Utility Department about the possibility of installing a repeater antenna on the Avenham water tank. The tank is located on a wooded site on the south side of Route 419 across from Tanglewood Mall. CFW has submitted a proposed lease agreement and an offer of $300 per month for the use of the site. The initial term is for five years with the ability to renew for three additional five year terms. The lease will generate $3,600 per year for the water fund. In response to a question from Supervisor Johnson, Mr. Robertson explained that this was not a full blown tower but just a repeater tower. Supervisor Johnson suggested that if they install a full blown tower, the lease rental should be increased. May 12, 1998 315 AYES: Supervisors Minnix, Harrison, Nickens, Johnson NAYS: None ABSENT: Supervisor McNamara ORDINANCE 051298-5 AMENDING SECTION 21-19. "EXEMPTIONS -- HOUSEHOLD GOODS AND PERSONAL EFFECTS" OF CHAPTER 21. "TAXATION" OF THE ROANOKE COUNTY CODE TO INCLUDE ANTIQUE MOTOR VEHICLES NOT USED FOR GENERAL TRANSPORTATION WHEREAS, Section 21-19 of the Roanoke County Code establishes a household goods and personal effects which are exempt from taxation; and WHEREAS, the 1997 General Assembly for the Commonwealth of Virginia amended Section 58.1-3503 of the 1950 Code of Virginia, as amended, by including "antique motor vehicles" to this category of exempt goods and effects; and WHEREAS, the first reading of this ordinance was held on May 12, 1998; and the second reading and public hearing was held on May 26, 1998. NOW, THEREFORE, be it ordained by the Board of Supervisors of Roanoke County as follows: 1. That Section 21-19. "Exemptions --Household goods and personal effects" of Chapter 21. "Taxation" be amended to read and provide as follows: Sec. 21-19. Exemptions --Household goods and personal effects. The following household goods and personal effects are, pursuant to section 58.1-3504 of the Code of Virginia, hereby declared exempt from taxation and shall not be assessed for that purpose: (1) Bicycles. (2) Household and kitchen furniture, including gold and silver plates, plated ware, watches and clocks, sewing machines, refrigerators, automatic refrigerating machinery of any type, vacuum cleaners and all other household machinery, books, firearms and weapons of all kinds. (3) Pianos, organs, phonographs and record players, and records to be used therewith, and all other musical instruments of whatever kind, radio and television instruments and equipment. Oil paintings, pictures, statuary, curios, articles of virtu and works of art. Diamonds, cameos and other precious stones and all precious metals used as ornaments or jewelry. Sporting and photographic equipment. Clothing and objects of apparel. r h ci..es (4) (5) (6) (7) May 12, 1998 317 WHEREAS, the Board of Supervisors authorized the extension of public sewer service to the Clearbrook Elementary School in July of 1996 by Action No. A- 072396-1; and WHEREAS, Ordinance 112288-7 authorizes the financing of local public works improvements and the imposition of special assessments upon abutting property owners upon the adoption of an appropriate ordinance by the Board of Supervisors; and WHEREAS, the County Administration has negotiated the extension of the public sewer system to residents of the Clearbrook community; and WHEREAS, the extension of the public sewer system will alleviate a critical public health and safety problem; and WHEREAS, property owners, Dr. J. Milton Miller (Tax Map No. 98.01-1-75) has requested that the County allow him to pay his portion of the costs of connection to the public sewer system over ten years in accordance with the provisions of Ordinance 112288-7; and WHEREAS, the first reading of this ordinance was held on April 28, 1998; and the second reading was held on May 12, 1998. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the Board authorizes and approves a local public works improvement project namely, public sewer extension for a portion of the Clearbrook community. 2. That the Board authorizes and establishes a surcharge to cover costs associated with the construction of the Clearbrook sewage pump station and sewer force main of $700 per equivalent residential connection (ERC). This surcharge shall apply to all sewer connections within the Clearbrook Drainage Shed and shall be in addition to any construction costs and off -site facility fees imposed. 3. That the Board authorizes and approves the payment by Dr. J. Milton Miller (Tax Map No. 98.01-1-75) of his portion of the cost of extending the public sewer system in accordance with the following terms and conditions: Payment of a sewer connection fee of $15,965, which includes the costs associated with construction, off -site facility fee, and pump station/force main surcharge. Dr. Miller will pay $6,000 down and finance the remaining $9,965 over 10 years at an interest rate of 8% per annum. 4. That these payments shall be returned to the Sewer Fund. 5. That the Board of Supervisors hereby accepts the donation to said Board of the 8-inch water line easement and the 8-inch sewer line easement of variable width from Dr. J. Milton Miller, (Tax Map No. 98.01-1-75) as shown on a plat prepared by the Roanoke County Engineering Department, dated 27 April 1998, a copy of which is attached hereto. 6. That the County Administrator is authorized to take such actions and execute such documents as may be necessary to accomplish the purposes of this May 12, 1998 319 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 May 12, 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 6, inclusive, as follows: 1. Resolution of Appreciation to the families of Mary Jane Burgess and Cherie Burgess Shindell for their donation to Roanoke County of Happy Hollow Gardens. 2. Confirmation of committee appointment to the Fifth Planning District Stormwater Management Advisory Committee 3. Resolution to request that the Virginia Department of Transportation add into the secondary system new portions of existing Roselawn Avenue and Ranchrest Drive and abandon those portions of Roselawn Avenue, Pleasant Hill Drive and Ranchcrest Drive that no longer serve the public. 4. Appropriation of funds for child day care for the Department of Social Services 5. Resolution repealing action previously adopted by the Board of Supervisors regarding Bingo and Raffle Permits and providing for a policy manual. 6. Request to receive and appropriate Section 18 monies from the Department of Rail and Public Transportation for use by CORTRAN. 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 Minnix, Harrison, Nickens, Johnson NAYS: None ABSENT: Supervisor McNamara RESOLUTION 051298-7.a OF APPRECIATION TO FAMILIES OF MARY May 12, 1998 321 of this resolution, depicting the additions and abandonments required in the secondary systems of state highways as a result of this project, and WHEREAS, the new road serves the same citizens as those portions of the old road identified by the sketch to be abandoned and those segments no longer serve a public need, and NOW, THEREFORE, BE IT RESOLVED, that this Board of Supervisors of Roanoke County, Virginia, requests the Virginia Department of Transportation to add Sections 18, 19, 20, and 21, shown hatched on the attached project sketch, to the secondary system of highways, pursuant to §33.1-229 of the Code of Virginia, 1950 (as amended), and BE IT FURTHER RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, hereby abandons Sections 14, 15, 16, 17 and 22, shown crosshatched on the attached project sketch, as part of the secondary system of state highways, pursuant to §33.1-155, Code of Virginia, 1950 (as amended), and BE IT FURTHER RESOLVED, that the Board of Supervisors of Roanoke County reserves and retains all abandoned Sections as a Sanitary Sewer and Waterline Easement and as a Public Utility Easement, 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 Johnson Seconded By: None Required Yeas: Supervisors Minnix, Harrison, Nickens, Johnson Nays: None Absent: Supervisor McNamara RESOLUTION 051298-7.e REPEALING CERTAIN POLICIES PREVIOUSLY ADOPTED BY THE BOARD OF SUPERVISORS PERTAINING TO BINGO/RAFFLE PERMIT PROCEDURES, 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, May 12, 1998 323 Supervisor Nickens: (1) He announced that the new additions to Explore Park included the opening of the Roanoke River Parkway, the Taubman Center dedication, and the opening of the Brugh Tavern and Mount Union Church. He also advised that the former temporary access road to the park has been removed. Supervisor Minnix: (1) He asked for an update on the removal efforts on the building on Route 220 that was in very poor condition. Mr. Hodge responded that this is an elaborate procedure that takes about three months but the process is underway. (2) He advised that he had received phone calls chiding the Board on cutting school funds and announced that Roanoke County is 14th from the top in local efforts in education and spend in excess of $3,000 per child. Supervisor Harrison: (1) He agreed with Supervisor Minnix on school funding. (2) He asked when the construction for the Hanging Rock Battlefield trail would begin. Mr. Hodge responded that he would check and report back to the Board. Supervisor Johnson: He asked Director of Engineering & Inspections Arnold Covey to give an update on the meeting with Palm Valley residents concerning purchase of homes in the floodway. Mr. Covey advised that the County has applied for a grant which will come back to the Board for approval to be used for possible removal of some of the homes in the floodway. They are in the process of gathering information for FEMA to apply for the grant. Mr. Hodge also advised that this is a long process and asked for patience from the residents in the area. IN RE: REPORTS May 12, 1998 325 ABSENT: Supervisor McNamara IN RE: PUBLIC HEARINGS 1. Public Hearing and adoption of resolution to acquire by condemnation proceedings, and to authorize immediate right -of - entry to, a permanent 20 foot drainage easement together with the right of access and a temporary construction easement from Nyna S. Murray. (Vickie Huffman, Assistant County Attorney) The public hearing was held at 5:00 p.m. and there were no citizens present to speak on this issue. Action on the item was continued to May 26, 1998. as follows: 2. Public Hearing to elicit written or oral comments from the public on the proposed 1998/99 fiscal year budget. (Brent Robertson, Budget Manager) Mr. Hodge highlighted the items included in the proposed 1998/99 budget Increased local funding for School Operations by $1,095,250 for a total of $46, 325, 723. Reserved an additional $2,000,000 for debt service on Phase I of the School capital construction program. This equals the amount set aside in the FY97- 98 budget and is part of the financing plan approved by the Board to fund Phase I. Continued subsidy for School dental benefits of $257,025. Provided funding for increased recently issued debt for School capital projects of $244,549 that included literary loans and VPSA bonds for Phase I construction projects. May 12, 1998 327 • Included additional funding of $83,000 for staffing increases and $40,000 for outsourcing the Treasurer's cashiering system to ensure completion of Year 2000 software and hardware upgrades. • Reallocation of existing resources to meet growing, complex technology needs. • Provide $85,000 in funds for one additional automated refuse collection vehicle. This purchase will allow automated collection services to approximately 98% of the county's residential homes. • Funded $500,000 for revenue sharing with VDOT for county road repairs and upgrades. These funds leverage $1,000,000 in road repair. • Continued $170,000 in funding to leverage state and federal grants for on- going development of an integrated GIS system that will benefit public safety, community development, utility services, and the general public. • Maintained $107,500 in funding for the Roanoke Valley Convention and Visitors Bureau to ensure a regional marketing approach to tourism related activities. Provided continued support of approximately $173,000 to numerous regional tourism related and cultural organizations including National D-Day Foundation, Center in the Square, Western VA Science Museum, VA Transportation Museum, and others. • Increased support of Virginia's Explore Park from $160,000 to $170,000. • Allocated $30,000 for planning and development of the Blue Ridge Parkway Interpretive Center. • Specific issues related to the budget were discussed in the work session that followed the regular session. Carl Miller, representing Roanoke Valley Court Appointed Special Advocates (CASA) requested increased funds to CASA for training of volunteers IN RE: WORK SESSIONS AND PRESENTATIONS 1. Work Session on Virginia Gas Company's proposed natural gas pipeline. The work session began at 5:30 P.M. and was presented by Tim Talkington, May 12, 1998 329 The work session began at 6:30 p.m. Mr. Hodge presented the budget highlights during the public hearing on the budget. The following issues were discussed: (1) Supervisor Nickens emphasized that $50,000 is the total funding commitment for the firing range through 2003. (2) Mr. Hodge advised that he understands that there will be only one MIS function for both schools and county but he does not have this agreement have in writing. (3) There was a general discussion on how the vehicle personal property tax rebate would be handled by the State. (4) Supervisor Nickens asked about progress in getting a drop box at the Division of Motor Vehicles to pay taxes and utility bills. Mr. Hodge responded that he will check and report back to the Board. (5) Supervisor Nickens requested $100,000 from the capital unappropriated balance for the McDonald Farm project. (6) Supervisor Nickens advised that office space for the Greenway Coordinator should be considered as the County portion of funding in the future. IN RE: CONTINUATION OF NEW BUSINESS 1. Consideration of adopting a resolution on the application to the Virginia State Corporation Commission by Virginia Gas Company to construct a natural gas pipeline connecting their storage facility. (John M. Chambliss. Assistant County Administrator) Supervisor Johnson moved to refer this item to the Planning Commission, to provide public notification to residents and bring back to the Board on May 26, 1998. The motion carried by the following recorded vote: May 12, 1998 331 On motion of Supervisor Johnson to adopt the Certification Resolution, and carried by the following recorded vote: AYES: Supervisors Minnix, Harrison, Nickens, Johnson NAYS: None ABSENT: Supervisor McNamara IN RE: ADJOURNMENT Chairman Johnson adjourned the meeting at 8:34 p.m. Submitted by, Approved by, Mary H. Allen, CMC Clerk to the Board Bob L. Johnson Chairman A-060998-5. a ACTION NUMBER ITEM NUMBER —` ' AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: June 9, 1998 SUBJECT: Confirmation of appointments to the Fifth Planning District Commission, the Highway and Transportation Safety Commission, the Parks and Recreation Advisory Commission, and the Roanoke Valley Detention Commission. COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The following nominations have been made and should now be confirmed. 1. Fifth Planning District Commission Supervisor Johnson nominated Supervisor Fenton Harrison and County Treasurer Alfred C. Anderson to serve three year terms as elected representatives. Their term will expire June 30, 2001. 2. Highway and Transportation Safety Commission Supervisor Nickens nominated First Sgt. Frank. W. Duffy as State Police Representation and John Blank, Training Lieutenant, Hollins Rescue Squad as medical representation to four year terms. Their terms will expire June 30, 2002. 3. Parks and Recreation Advisory Commission Supervisor Minnix nominated Jack W. Griffith to another three year term representing the Cave Spring Magisterial District. Supervisor Johnson nominated David A. Thompson to another three-year term representing the Hollins Magisterial District. Their terms will expire June 30, 2001. Supervisor Johnson also nominated Deborah George to fill the unexpired term of Richard Cox, representing the Hollins Magisterial District. The unexpired term will expire June 30, 2000. 4. Roanoke Valley Detention Commission John Chambliss was nominated to represent the County of Roanoke on the Roanoke Valley Detention Commission. His appointment must be approved by the Chief Judge of the Juvenile and Domestic Relations Court. STAFF RECOMMENDATION: It is recommended that the above appointments be confirmed by the Board of Supervisors. SUBMITTED BY: APPRQJED BY: Al.A Mary H. Allen, CMC/AAE Clerk to the Board Elmer C. Hodge County Administrator erk( ACTION VOTE No Yes Abs Approved (x) Motion by: Bob L. Johnson to approve Harrison _ x Denied ( ) Johnson _ x Received ( ) McNamara _ x Referred ( ) Minnix _ x To () Nickens _ x cc: File Fifth Planning District Commission File Highway and Transportation Safety Commission File Parks & Recreation Commission File Roanoke Valley Detention Commission File ACTION NO. A-060998-5.b ITEM NUMBER .:- —3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: June 9, 1998 AGENDA ITEM: Appointment to the Community Policy and Management Team (CPMT) COUNTY ADMINISTRATOR'S COMMENTS: BACKGROUND: The Community Policy and Management Team (CPMT) is composed of 13 members including heads of several, representatives from direct service providers, and parent advocates. The term of one of the parent advocates, Rita Gliniecki, expires on June 30, 1998 and the CPMT has voted to request the Board of Supervisors to re -appoint her for another three year term as provided in our by-laws. Rita has served our team well with her knowledge of the mental health system and currently serves as the Chair. The CPMT respectfully requests that you ratify her appointment at your June 9, 1998 meeting. FISCAL IMPACT: None. RECOMMENDATIONS: Staff respectfully requests that Rita Gliniecki be re- appointed to the CPMT for a three year term beginning July 1, 1998 and expiring June 30, 2001. Respectfully submitted, Appd by, hn M. ChamblissrJr. Elmer C. Hodge Assistant Administrator County Administrator ACTION VOTE No Yes Abs Approved (x) Motion by: Bob L. Johnson to approve Harrison _ x Denied ( ) Johnson _ x ._ Received ( ) McNamara _ x Referred ( ) Minnix _ x To () Nickens _ x cc: File John M. Chambliss, Jr., Assistant Administrator Community Policy and Management Team File ACTION ITEM NUMBER A-060998-5. c MEETING DATE: June 9, 1998 AGENDA ITEM: Request from Schools to appropriate $725,000 technology grant to purchase instructional computers and peripherals. COUNTY ADMINISTRATOR'S COMMENTS: BACKGROUND: The 1996 Virginia General Assembly approved funding to be allocated by the Virginia Board of Education to each school division for technology equipment. Roanoke County's portion of the grant is $725,000. An appropriation to the Grant Fund in the amount of $725,000 is needed. SUMMARY OF INFORMATION: The grant will be used to purchase networkable, multimedia computers, peripherals and networking for instructional use in schools. FISCAL IMPACT: The required local match of $145,000 is included in the media services budget for 1998-99. STAFF RECOMMENDATION: Staff recommends appropriation of $725,000 to the Grant Fund for the purchase of classroom computers, related peripherals and networking. 9 Dr. J(ne James Director of Technology mer C. Hodge County Administrator ACTION VOTE No Yes Abs Approved (x ) Motion by: Bob L. Johnson to approve Harrison _ x Denied ( ) Johnson _ x Received ( ) McNamara Referred ( ) Minnix _ x To ( ) Nickens cc: File Dr. Jane James, Director of Technology Diane D. Hyatt, Director, Finance Dr. Deanna Gordon, School Superintendent Brenda Chastain, Clerk, School Board AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JUNE 9, 1998 RESOLUTION 060998-5.d APPROVING THE SUBMISSION OF A VIRGINIA RECREATION TRAILS FUND PROGRAM PROJECT APPLICATION BE IT RESOLVED, By the Board of Supervisors of Roanoke County, Virginia: WHEREAS, Roanoke County Parks and Recreation proposes to make improvements to the Wolf Creek Greenway, and WHEREAS, The Virginia Department of Conservation and Recreation offers funding through the Virginia Recreational Trails Grant Fund, and WHEREAS, the County of Roanoke is submitting a project application, and WHEREAS, in accordance with Virginia Recreation Trails Fund application procedures, it is necessary that a request of support, by resolution, be received from the local government. NOW, THEREFORE, BE IT RESOLVED, that the County of Roanoke, Virginia, endorses and supports the application to fund improvements to the Wolf Creek Greenway and Trail. 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/AAE Clerk to the Board of Supervisors cc: File Pete Haislip, Director, Parks & Recreation Virginia Department of Conservation and Recreation 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: June 9,1998 AGENDA ITEM: Virginia Trails Application for Wolf Creek Greenway County Administrators Comments: Background: L.,/afee'/ The Wolf Creek Greenway, which connects Goode Park, William Byrd High School, and Stonebridge Park, was constructed as an Eagle Scout project approximately 3 years ago. Parks and Recreation would like to apply for a Virginia Trails grant from the Virginia Department of Conservation and Recreation to fund improvements to this project. Plans are to upgrade the existing trail to the adopted Greenway standards. The scope of the projects includes a new bridge and trailhead shelter in Goode Park, re -grading and contouring of the trail, and improved landscaping and signage throughout the whole length. The grant process requires that the Board of Supervisors adopt a resolution of support for this project. It is important to note that this project will complement the recently approved section of the Wolf Creek Greenway in Vinton, which ends at the entrance to Goode Park Fiscal Impact: Parks and Recreation plans to provide in -kind labor as part of the match required by this program, and approximately $5,000 from the FY 98-99 general operating and capital maintenance budget. There will be no increase in maintenance cost as we currently maintain this trail. Staff Recommendation: Approve the resolution supporting the submission of the Virginia Recreation Trails grant application for the Wolf Creek Greenway. Respectfully Submitted: Approved by: Pbte /-IiuiLt7Jf i7 Pete Haislip, Director Elmer C. Hodge 9 Parks and Recreation Department 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, JUNE 9, 1998 RESOLUTION APPROVING THE SUBMISSION OF A VIRGINIA RECREATION TRAILS FUND PROGRAM PROJECT APPLICATION BE IT RESOLVED, By the Board of Supervisors of Roanoke County, Virginia: WHEREAS, Roanoke County Parks and Recreation proposes to make improvements to the Wolf Creek Greenway, and WHEREAS, The Virginia Department of Conservation and Recreation offers funding through the Virginia Recreational Trails Grant Fund, and WHEREAS, the County of Roanoke is submitting a project application, and WHEREAS, in accordance with Virginia Recreation Trails Fund application procedures, it is necessary that a request of support, by resolution, be received from the local government. NOW, THEREFORE, BE IT RESOLVED, that the County of Roanoke, Virginia, endorses and supports the application to fund improvements to the Wolf Creek Greenway and Trail. A-060998-5.e 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: June 9,1998 AGENDA ITEM: Request for Authorization to Proceed with the Construction of Bunkrooms and Restrooms At Hollins and Fort Lewis Fire/Rescue Stations. COUNTY ADMINISTRATOR'S COMMENTS: �GGemmel 1 n/0®r•vc-19 BACKGROUND: The Hollins and Fort Lewis Fire/Rescue Stations are first and third in the number of calls answered annually. Anticipating this increased demand for the services provided by the personnel assigned to these stations, the Fire and Rescue Department placed the upgrading of the crew facilities in the FY95 CIP. $350,000 in capital construction funds were appropriated by the Board to the Fire and Rescue Department in the FY98 budget. SUMMARY: The architectural firm of Balzer and Associates was selected to design the bunkroom additions. The process included input, review, modification and acceptance by the volunteer companies involved, Fire and Rescue staff personnel, and General Services construction management personnel. Since the stations are identical, cost savings were realized by requiring that the additions also be identical. The plans were reviewed and approved by all appropriate County departments and advertised for bids in early February 1998 with bids due on 6 March. The low bid received was above the budget monies available. The plans were re-evaluated and the project was re -bid on 14 April with a change that increased the construction period by 50% to 180 days. Bids were received and opened on 28 April. The low bid was $354,000, which exceeded the funds appropriated for the project. At the May 12th board meeting, the supervisors directed staff to negotiate with the contractors to bring the project cost within the appropriated amount. Staff met with the low bidder and utilizing "value engineering" techniques, negotiated changes. Examples of the changes made include: substituting vinyl tile for carpet saving construction cost and future maintenance costs, and the evaluation and deletion of additional clothing storage lockers. The engineered cost savings maintained all structural integrities and still resulted in a $32,937 contract bid reduction. This places the project within budget. STAFF RECOMMENDATION: Staff recommends that authorization be granted to proceed with the contract award and construction of this project on time and on budget. William J. Rand, III Director of General Services Approved by, / m C. E Elmer C. Hod e County Administrator VOTE No Yes Abs Approved (x ) Motion by: Fenton F. Harrison to Harrison Denied ( ) approve Johnson _ x Received ( ) McNamara _ x Referred ( ) Minnix _ x To ( ) Nickens ACTION cc: File William J. Rand, III, Director, General Services Diane D. Hyatt, Director, Finance Richard Burch, Chief, Fire & Rescue Elaine Carver, Director, Procurement 111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111 AGENDA ITEM NO. APPEARANCE RE EST PUBLIC HEARING ORDINANCE L CITIZENS COMMENTS /A100 SUBJECT: DS %z<ti� ,�' J c �r c � I would like the Chairman of the Board of Supervisors to recognize me during the meeting on the above matter so that I may comment. WHEN CALLED TO THE LECTERN, I WILL GIVE MY NAME AND ADDRESS FOR THE RECORD. I AGREE TO ABIDE BY THE GUIDELINES LISTED BELOW: • Each speaker will be given between three to five minutes to comment whether speaking as an individual or representative. The Chairman will = decide the time limit based on the number of citizens speaking.on an issue, and will enforce the rule unless instructed by the majority of the Board to do otherwise. • Speaker will be limited to a presentation of their point of view only. Questions of clarification may be entertained by the Chairman. • All comments must be directed to the Board. Debate between a recognized speaker and audience members is not allowed. • Both speakers and the audience will exercise courtesy at all times. ■ Speakers are requested to leave any written statements and/or comments with the clerk. - - - NEM MINN MIN Min NEM - - MEIN 115 IMMO • INDIVIDUALS SPEAKING ON BEHALF OF AN ORGANIZED GROUP SHALL FILE WITH THE CLERK AUTHORIZATION FROM THE GROUP ALLOWING THE INDIVIDUAL TO REPRESENT THEM. PLEASE PRINT LEGIBLY AND GIVE TO THE CLERK NAME a ADDRESS 5-3 ' ))g_, S, PHONE K5—`740) '% `% S y - - - - IMO NMI UMW MOM NMI - MOM - - - - ENO MEI EMI NMI - MEM MOB - MMNI MEM IMO MMIn IMMO - NEM IMO MUD - MOM — WPM — IMM - - UMW IMMO MIN MINIS • OEM _ 1111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111 �11 MEN AGENDA ITEM NO. L IMO NEN APPEARANCE REQUEST PUBLIC HEARING ORDINANCE '7 CITIZENS COMMENTS MO NUN IN▪ N N OM SUBJECT: rf'aTozS Me cJ ,C-4J I would like the Chairman of the Board of Supervisors to recognize me during the meeting on the above matter so that I may comment. WHEN CALLED TO THE LECTERN, I WILL GIVE MY NAME AND ADDRESS FOR THE RECORD. I AGREE TO ABIDE BY THE GUIDELINES LISTED BELOW: N N▪ W - - N▪ MI N MI MEN ✓ EIN IMN - - - MIN MUM ONE MEM NM▪ I IMMN INNS 111• 11 INNS S EM M▪ EW MEN NMI MEN OMNI NMI MIN N UM N NW OWN - - NM. ONE • Each speaker will be given between three to five minutes to comment whether speaking as an individual or representative. The Chairman will decide the time limit based on the number of citizens speakingon an issue, and will enforce the rule unless instructed by the majority oftheBoard to do otherwise. • Speaker will be limited to a presentation of their point of view only. Questions of clarification may be entertained by the Chairman. ■ All comments must be directed to the Board. Debate between a recognized speaker and audience members is not allowed. Both speakers and the audience will exercise courtesy at all times. Speakers are requested to leave any written statements and/or comments with the clerk. ■ • INDIVIDUALS SPEAKING ON BEHALF OF AN ORGANIZED GROUP SHALL FILE WITH THE CLERK AUTHORIZATION FROM THE GROUP ALLOWING THE INDIVIDUAL TO REPRESENT THEM. PLEASE PRINT LEGIBLY AND GIVE TO THE CLERK NAME 1,0 IJ • l v l A%T7 A) ADDRESS 3 C14- Ant . PHONE NNW MEN SIM NNW NNW IMP INNIN MEM - - - NM▪ I N MI NUM OWN N NW - - - MEM MIN - OWN NMI - N NW N MI RIM 11 I▪ MM OMNI MOM NON MIN MINN N EM - N NW S INN - 11 — N NW O MR N MI MIN INNM SMN MEN MNINI MINN RIM MEN O MB - MEN MINM N MI MIN - MINN — M▪ EN - N ▪ MI - MIN S EM - - INNS MIN MIN N MI NNW MIN MON NNW klitimummummimiummimmiummimminimmimmimmtimimmimmimmummimmumi 1jIlliill1llllillllllillllllllllillllililllllllllllllilllllllilliilllilllllllllilllillllllllllllllllllllllillllllllilllllililllll11 SUBJECT: l� �.. rd �S — AGENDA ITEM NO. APPEARANCE REQUEST PUBLIC HEARING ORDINANCE ✓ CITIZENS COMMENTS I would like the Chairman of the Board of Supervisors to recognize me during the meeting on the above matter so that I may comment. WHEN CALLED TO THE LECTERN,' I WILL GIVE MY NAME AND ADDRESS FOR THE RECORD. I AGREE TO ABIDE BY THE GUIDELINES LISTED BELOW: • Each speaker will be given between three to five minutes to comment whether speaking as an individual or representative. The Chairman will decide the time limit based on the number of citizens speaking on an issue, and will enforce the rule unless instructed by the majority of- the Board to do otherwise. MIIMO MEM MED MEM . 11011 M▪ EM S ▪ IM D MINN O MB 10 IMO MIS - NMI 11 ISM — MEN MIMS MEM 1111 • Speaker will be limited to a presentation of their point of view only. Questions of clarification may be entertained by the Chairman. • All comments must be directed to the Board. Debate between a recognized speaker and audience members is not allowed. • Both speakers and the audience will exercise courtesy at all times. ■ Speakers are requested to leave any written statements and/or comments with the clerk. • INDIVIDUALS SPEAKING ON BEHALF OF AN ORGANIZED GROUP SHALL FILE WITH THE CLERK AUTHORIZATION FROM THE GROUP ALLOWING THE INDIVIDUAL TO REPRESENT THEM. PLEASE PRINT LEGIBLY AND GIVE TO THE CLERK NAME TE6E.C.CA WA 7'-R ADDRESS $Soy-i 601 S To Aro PHONE SCE 3--4C..4 7 Am c3 SIM IMMO 11 IMM IBM IMM - MMI MOM ORM UMW WNW IMO MOM - VIM - - MEM EMI NMI MEM MEM MOM 1111111111111111111111111111111111111 - 11111110 MIN • Mal Omni IMMO — MHO NOM MEM - - OMB MIEN MEM - - - MINN MINN 11 O EM • - S ENO MINIM iti-m lillillllillillilllilllilll milllliliillll milillllliiiiillllllllllilllllllllllilllllililllllillllllllllllllllillmiliff- GENERAL FUND UNAPPROPRIATED BALANCE COUNTY OF ROANOKE, VIRGINIA Aug 19, 1997 Sept 23, 1997 Oct 28, 1997 Dec 2, 1997 Dec 16, 1997 Jan 13, 1998 Feb 24,1998 April 14, 1998 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 First installment payment on West County Business Park (1,000,000.00) Revenue Sharing Payment to Botetourt County through June 30, 1997 (158,280.86) Eminent domain for communications facility (107,000.00) Underground storage tank removal (65,983.00) Carson Road sewer project (150,000.00) Downpayment on Catawba Farm (110,000.00) Cancel Catawba Farm appropriation 110,000.00 Economic Development - Lowe's (300,000.00) Balance at June 9, 1998 $8,033,609.14 % of General Fund Revenues 9.69% 8.09% 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 $8,033,609.14 (2,000,000.00) (730,700.00) $5,302,909.14 5.34% Note: On December 18, 1990, the Board of Supervisors adopted a goal statement to maintain the General Fund Unappropriated Balance at 6.25% of General Fund Revenues 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\C ommon\B oard\Gen97. WK4 CAPITAL FUND UNAPPROPRIATED BALANCE ^� COUNTY OF ROANOKE, VIRGINIA 1 r Beginning Balance at July 1, 1997 Revenues from sale of vehicles 1996-97 Audited Balance at July 1, 1997 Amount added from 1996-97 operations per rollover policy Sept 9, 1997 Social Service renovations October 14, 1997 Transfer to Future School Capital Fund April 28, 1998 Water/Sewer Extension to Clearbrook Fire Station Amount $1,113,043.00 38,406.64 1,151,449.64 744,687.00 (50,000.00) (1,113,043.00) (52,780.00) Balance at June 9, 1998 $680,313.64 Note: $100,000 of these funds have been temporarily advanced to the Mayflower Hills Park project. Respectfully Submitted, Z,... Diane D. Hyatt Director of Finance M:\Finance\Common\Board\Cap97.WK4 RESERVE FOR BOARD CONTINGENCY COUNTY OF ROANOKE, VIRGINIA 7 June 24, 1997 October 14, 1997 April 14, 1998 From 1997-98 Original Budget Emergency Correction positions Design of South County Park Bent Mountain Ice Storm Clean Up Amount $120,000.00 (15,599.00)1 (20,000.00) (15,609.49) Balance at June 9, 1998 $68,791.51 Respectfully Submitted, Diane D. Hyatt Director of Finance M:\Finance\Common\Board\Board97.WK4 1 ACTION NO. ITEM NO. /Y • AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: June 9, 1998 AGENDA ITEM: Report on Status of Cellular Tower Policy Committee COUNTY ADMINISTRATOR'S COMMENTS: BACKGROUND: The Cellular Tower Policy Committee (committee) has been reconstituted and charged with assisting Roanoke County with the development of policies and standards for the review of cellular and other types of broadcasting towers. The committee is set to meet on June 4th. Staff has proposed to the committee a five - meeting process concluding on July 2nd. A proposed timetable for the committee work is attached. The staff will present to the committee our draft suggestions for new policies and standards on or before June llth. I have attached a DRAFT outline of the policy components and standards that we believe need to be addressed in the new policy. These have been derived from our work with the cellular (and other) tower companies over the past several years, and reflect possible weaknesses in our current application policies and review guidelines. The proposed policies and standards address general policy areas, application policies, and analysis policies. They are designed to assist the Planning Commission and Board in the evaluation of future requests. As we progress through the committee process, these ideas will certainly evolve to reflect a hopeful consensus among the committee members. If any member of the Board has a specific comment on the draft policies or an idea that they would like to see considered f\te // 2 by the committee, please forward your idea to me as soon as possible so it can be considered by mid -June. STAFF RECOMMENDATION: 1. That the Board receive this report and offer any comments for committee consideration by mid -June. Respectfully Submitted, Terrance Harr gton, AICP Departm t of C mmunity Development County Administrator Action Approved, Elmer C. Hodge Vote No Yes Abs Approved ( ) Motion by Harrison Denied ( ) Johnson Received ( ) McNamara Referred Minnix to Nickens Proposed Work Program and Schedule Cellular Tower Policy Committee Meeting Date Activities June 4th Orientation, Issue Discussion, Workprogram, Timetable, Committee Objectives June llth Discussion of Needed Policy Components June 18th Review of Draft Policy June 25th Review of Draft Policy July 2nd Review and Adoption of Draft Policy July 7th PC and BOS Receives Draft Policy Formal Adoption Process Starts Roanoke County Wireless Communication Tower Policy DRAFT Proposed Major Policy Components May 1998 1. General Policies A. Through effective management and placement plans, achieve a long term reduction in the number of towers within Roanoke County. B. Actively promote, and through adopted policies, encourage the use of all existing public and private structures as placement locations for antennas. When new structures are required as a last resort, promote through proper management and cooperation within the industry, co -location of antennas on a single structure, and the active use of stealth technology for new towers. C. Fully comply with the spirit, intent, and letter of the law contained in the 1996 Federal Telecommunications Act which preserved local government authority over the review and placement of new tower sites, and clearly defined the responsibilities and limitations of localities in exercising these rights. D. The installation of wireless antenna shall be allowed by -right where the antenna can be added to any existing structure. E. Require all new towers to receive approval of the Board prior to construction, except that new towers/pole structures less than "X" feet in height shall be allowed by right. F. Where new tower sites are necessary, promote sites at a lower base elevation relative to ridgetops so as to discourage sites on mountain sides or ridge lines. G Make allowance for the by -right installation of temporary or mobile facilities to permit testing of signal quality and continuation of service during emergencies or natural disasters. H. No new towers shall be allowed that lie within the important viewsheds of the Blue Ridge Parkway as determined by the NPS, and approved by the Board of Supervisors, or within or in proximity to areas of pre -determined historical or cultural importance such as designated or eligible historical areas, the Appalachian Trail, etc. 4 iv v II. Application Policies A. New applications for new wireless towers shall be considered on a quarterly basis. (January, April, July, October) All applications received over each three month period shall be reviewed concurrently so to evaluate the possibility of redundant towers and the potential for co - location among new requests. B. The normal Planning Commission review period for new towers would be extended to a maximum period of 60-90 days to allow the Commission, staff and independent county consultants time to expertly and independently evaluate requests. C. Visual simulations of the impact of the proposed towers shall be required at the time of application. Prior to submittal, the applicant shall consult with staff to determine the number of simulations required and the location of the simulations to be included with the initial application materials. D. A viewshed terrain mapping analysis shall be required at the time of submittal. This analysis shall show the visibility of the tower from all points of potential tower visibility based upon the requested tower height and the surrounding topography. E. Information from the applicant shall be required on the specific antenna and signal design; system objectives of the proposed tower, including how it supplements or serves to improve the system, and the designed/anticipated RF coverage area. F. Information from the applicant shall be required on the total number of cells now in place within the Roanoke Valley, how each antenna is mounted within each cell, and an estimate on the total number of new cells/towers that may be requested within the next 12 months due to geographic system expansion or loading increases. Information on an envisioned five year build out plan based upon expected industry growth and market share shall be required. Information on the total number of other towers/structures suitable for an antenna within "X" miles of the proposed site shall be required. G. All other information now required by the zoning ordinance including site plans, lighting plans, proposed tower heights, airport safety, public communications, setbacks, etc. H. The County shall establish application fees that fully cover the cost of evaluating all tower proposals including the costs of any independent policy, legal, or engineering services retained by the county to independently evaluate this request. I. Information shall be required from the applicant on any other sites considered for the proposed tower, why the other sites were deemed unsuitable, and the specific reason that the other site(s) were not chosen. J. The use of monopole towers will be encouraged due to their lesser impact on the viewshed. Lattice towers, or any type of wire supported tower shall be discouraged. III. Analysis Policies A. The applicant shall be required, at their expense to float a balloon on the proposed tower site so that the Commission, Board and community can independently evaluate the visual impact of the proposed tower. The number of days and dates the balloon shall be displayed shall be determined at the time of pre -application. B. Based upon the information supplied by the applicant and the independent review by the county and its agents, towers shall be evaluated based upon need, design, and possible alternatives to the construction of a new tower. C. Where independent analysis determines that co -location on an existing structure is feasible, then new towers shall not be approved. D. For each tower proposal, the County, working in conjunction with the applicant shall evaluate the use of multiple, lower towers as opposed to a single higher tower. E. The County shall continue its policy of requiring, after notification, the removal of any tower no longer used for wireless communication purposes. iv. Policies for Use of Public Property A. In conformance with the policies stated above, the County encourages and actively promotes the use of County facilities, property, and structures for antenna or tower locations. B. The County shall work cooperatively and promote co -location of antennea on County facilities. C. RESERVED Item No. "'CS' AT A REGULAR MEETING OF THE ROANOKE COUNTY, VIRGINIA BOARD OF SUPERVISORS, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, ROANOKE COUNTY, VIRGINIA MEETING DATE: June 9, 1998 AGENDA ITEM: Report on Phase II - R.R. Donnelley COUNTY ADMINISTRATOR'S COMMENTS: EXECUTIVE SUMMARY: R.R. Donnelley and Sons is a multi -billion dollar international corporation that has recently established a new facility at Roanoke County's Valley TechPark. According to Donnelley officials the reasons for R.R. Donnelley and Sons' choice to come to the Roanoke County included, "Its central mid -Atlantic location, capable work force, reasonable cost of doing business, generous incentive packages, and good quality of life." Now, the facility houses 400,000 square feet for the printing of high -end books. To date, Roanoke's greatest technological treasure is a reality because of an investment of $102 million by R.R. Donnell y and Sons with the additional support of 3.6 million in investments from Roanoke County and the State of Virginia. The County expects a payback of these incentives through tax revenue within a four year period. Stage I is already complete with 41.6% of its total potential work force in place. This works out to 312 new jobs for the Roanoke working force. The salaries for these jobs will range between $9 and $17 per hour. After the implementation of Stage II the total investment will exceed $200 million, improving to a 1 million square foot facility, and supply more than 750 full-time employees at the site. The activation of Stage II is scheduled for 2000. Currently, the Roanoke County Industrial Development Authority is completing a portion of the Stage II grading needed for this future expansion. Grading will finish by June 30, 1998 so that R.R. Donnelley may begin construction of the first phase of the nature/environmental education trail on site. This nature/environmental education trail is the latest activity on the R.R. Donnelley and Sons Project. John Pecaric, an R.R. Donnelley employee, will start construction of the trail in early July. He has obtained a $48,000 match from the Company for the $48,000 that Roanoke County has provided. Mr. Pecaric is planning a big dedication in early September with Senator Robb in 1 attendance. Specifically, the trail head should be established on the eastern side of the parking lot, and would involve the construction of an amphitheater. The amphitheater is a starting point for the trail and a place where the children can be introduced to the trail by the trail guide. The trail will also include a wetland/pond, two overlooks, wild flower gardens, along with several little Pavilions with which to sit on the trail. Respectfully submitted, V2,t,640,0( 6hda. Richard Catalano Intern Elmer C. Hodge County Administrator ACTION No Yes Abs Approved () Motion by: Harrison Denied () Johnson Received () McNamara Referred to Minnix Nickens Attachment 2 ITEM NUMBER AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: June 9, 1998 AGENDA ITEM: Report on the Dixie Caverns Water/Sewer Extension COUNTY ADMINISTRATOR'S COMMENTS: ..., "...../..€ *,i,,,..., %..4,-, .u,. a mo` -m �f,,.:o �,�.�, . c'24"7` SUMMARY OF INFOR ATIO The Dixie Caverns Landfill Superfund site was completed and officially closed by EPA in September 1997. As part of that closure, staff prepared plans for the extension of water and sewer to the site to eliminate the need for the pumping and hauling of leachate from the landfill. Leachate has been collected and hauled by tanker truck for the past eight years at an annual cost of approximately $200,000. The extension of the sewer line to Dixie Caverns will allow the discharge of leachate directly into the sanitary sewer, eliminating the hauling of leachate. Bids were received for the project on April 25, 1998. A contract was awarded, after review of the bids, to the low bidder, Aaron J. Conner, in the amount of $791,153.00. Funds are currently available in the Dixie Caverns Closure account to fund this project with no additional appropriation required. A preconstruction conference was held on May 18, 1998 and a community meeting was held on June 1, 1998 to explain the project to the residents of Twine Hollow Road. Residents were given the opportunity to sign up for water and/or sewer and a representative of Southeast Rural Community Assistance Project, Inc. explained possible grant assistance for connections. The project schedule calls for mobilization on July 13, 1998, completion of the utilities on November 9, 1998, overlay of Twine Hollow Road on November 23, 1998, and final acceptance on November 30, 1998. This project will eliminate the daily hauling of leachate on Twine Hollow Road, save Roanoke County $200,000 a year, provide access to water and sewer to the residents and businesses of Twine Hollow Road, provide water and sewer to the landfill site, and extend water and sewer to the intersection of Glenmary Drive for future development. 1 ITTED BY: APPROVED BY: ol• Covey, Director Elmer C. Hodge Department of Community Develo • ment County Administrator ACTION Approved ( ) Motion by: Denied ( ) Received ( ) Referred ( ) To ( ) VOTE Harrison Johnson McNamara Minnix Nickens No Yes Abs 2 Item No. %Y' 7 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, ROANOKE COUNTY ADMINISTRATION CENTER, 5204 BERNARD DRIVE, SW., ROANOKE COUNTY, VIRGINIA ON TUESDAY, MEETING DATE: AGENDA ITEM: June 9, 1998 Report of grant award of $100,000 to ITT Night Vision by the Industrial Development Authority of Roanoke County in accordance with the performance agreement of May 31, 1996 COUNTY ADMINISTRATOR'S COMMENTS: EXECUTIVE SUMMARY: The Board may recall that Roanoke County, the Industrial Development Authority of Roanoke County and ITT Night Vision entered into a performance agreement on May 31, 1996 to assist the Company with its expansion and the retention of technology based jobs in Roanoke County. The performance agreement set an annual investment goal of $1 million for capital equipment and research for each fiscal year ending June 30, 1998 and 1999 which would result in $300,000 in local tax revenues over the same time period. The employment goal for the company is to maintain 625 total jobs over the same time period. The County staff has verified the investment numbers and the Virginia Employment Commission has certified that employment exceeds 800 with 70 of those being employed in the Commercial Division. The Industrial Development Authority received ITT's letter of request for a $100,000 grant as specified in the performance agreement. The Authority reviewed the investment and employment certifications provided by the County staff and Virginia Employment Commission and approved the request at their meeting on June 3, 1998. Since funds for the ITT grant are contained within the Department of Economic Development budget, an appropriation is not needed. There is a provision to recover public funds if employment and tax revenues are not met by June 30, 1999. Respectfully submitted: wIX4.`7. ' , LA,t7L4 Timothy thy Gubala / Elmer C. Hodge Secretary -Treasurer Industrial Development Authority Approved: County Administrator Approved () Motion by: Denied ( ) ACTION No Yes Abs Harrison Johnson Received () McNamara Referred to Minnix Nickens ITT Industries AUTOMOTIVE DEFENSE & ELECTRONICS FLUID TECHNOLOGY DRH-98:070 May 22, 1998 Mr. Timothy Gubala Industrial Development Authority of Roanoke County P.O. Box 29800 Roanoke, Va. 24018-0798 Dear Mr. Gubala: ITT Night Vision 7635 Plantation Rd. Roanoke, VA 24019 Phone: (540) 563-0371 This letter is a written request for the $100,000 grant to ITT Night Vision from the Industrial Development Authority of Roanoke County. This grant is provided for in the performance agreement dated May 26, 1996. For it's part of that agreement ITT Night Vision was required to maintain employment of 50 jobs in Roanoke County in the Commercial Products Division , an average of 625 jobs overall in the County, invest an annual minimum of $1,000,000 in new equipment or capital retooling, and invest a minimum of $1,000,000 in research and development per year. The Company has exceeded all the necessary requirements. There are approximately 70 employees in the growing Commercial Division and our total headcount is currently over 800. The capital investment by the company has included a nearly $6 Million expansion project in order to increase the facility production capacity. Our research and development has exceeded $1.5 Million in 1997 and will exceed $2.5 Million in 1998. This development effort has made our products the highest performance image intensified night vision devices in the world. We continue to struggle in a very competitive industry where other companies have not survived. However, due to our new product development efforts, the efficiency of our workforce, and the cooperation of the community, our potential for success is greater than ever in the past. If you need further information or have other questions please contact me at 540-362-7346. Thank you. Very Truly Yours, R>" Donal d R. Hershey V.P. & Director Human Resources Pc: Joyce Waugh Jim Flanary PERFORMANCE AGREEMENT This Performance Agreement (this "Agreement"), made and entered into this Jr. day of 7/f40,/ , 1996, by and between the ROANOKE COUNTY BOARD OF SUPERVISORS (hereinafter referred to as "County"); THE INDUSTRIAL DEVELOPMENT AUTHORITY OF ROANOKE COUNTY, VIRGINIA (hereinafter referred to as "Authority"); and ITT Night Vision, a New York Corporation authorized to transact business in the Commonwealth of Virginia, (hereinafter referred to as "Company"). WITNESSETH WHEREAS, the Roanoke County Board of Supervisors and The Industrial Development Authority of Roanoke County, Virginia, desire to promote and encourage the economic development and vitality of Roanoke County and the Roanoke Valley through job retention by existing industry in order to provide for continued employment and corporate investment in Roanoke County; and WHEREAS, such continued employment and corporate investment constitute a valid public purpose for the expenditure of public funds; and WHEREAS, the Company desires to support the economic development efforts of the County and the Authority and anticipates new investment in equipment, machinery and research and development at its present manufacturing and distribution facilities in Roanoke County. NOW THEREFORE, in consideration of the obligations herein contained, which the parties hereto acknowledge as being sufficient consideration for entering into this Agreement, the parties covenant and agree as follows: PHASE I 1. The County hereby covenants not to sue for the utility related debt the Company owes the County ($168,961.96) in exchange for the Company's perfoiiiiance of its obligations under paragraph 4. The failure of the Company to perform its obligations hereunder shall operate to revoke this covenant not to sue. 2. The Company further acknowledges receipt from the County of: a) $10,000 Virginia Department of Base Retention and Defense Adjustment grant to further defense conversion technology and product manufacturing, and b) $34,837.71 from previously overpaid machinery and tools taxes. Company releases County for any further claims for overpaid machinery and tools taxes. The County and the Authority acknowledge and agree that the $10,000 defense and $34,837.71 reimbursement funds are for the sole use and benefit of the Company as Company may elect, subject to the requirements and obligations imposed by the Commonwealth of Virginia in connection with defense conversion funds. 2 PHASE II 3. The County hereby agrees to appropriate up to the sum of One Hundred Thousand ($100,000) under the terms and conditions outlined in Paragraph 4. The County shall allocate and deliver said funds to the Authority in order that the Authority may make a grant to the Company during the County's fiscal year, July 1, 1997 - June 30, 1998. The obligations of the' Authority under this Agreement are contingent upon the appropriation by the County of funds to the Authority and receipt of said funds by the Authority to provide funding for the Authority's grant to the Company. 4. The Company agrees to: A) retain an average of 50 jobs in Roanoke County in its new commercial products division through both the end of the County's fiscal year July 1, 1997 - June 30, 1998 and July 1, 1998 - June 30, 1999. B) retain an average of 625 total jobs in its entire Roanoke County operation through the end of the County's fiscal year July 1, 1997 - June 30, 1998 and July 1, 1998 - June 30, 1999. Average total jobs is determined through annual reports, conforming to the fiscal years outlined herein, provided by ITT's Human Resource Department to the Virginia Employment Commission on behalf of Roanoke County and the IDA. C) invest an annual minimum of $1,000,000 in new equipment and/or capital retooling in Roanoke County each fiscal year beginning July 1, 1996-June 30, 1997, fiscal year July 1, 1997-June 30, 1998 and fiscal year July 1, 1998-June 3 30, 1999 and fiscal year July 1, 1999-June 30, 2000 to result in a continued minimum annual generation of no less than $300,000 in local taxes (real estate, machinery and tools and utility) through the County's fiscal year July 1, 1997-June 30, 1998 and fiscal year July 1, 1998-June 30, 1999, D) invest a minimum annual investment of $1,000,000 in research and development through the County's fiscal year July 1, 1997-June 30, 1998 and July 1, 1998 - June 30, 1999. The Company has previously made and is anticipated to continue to make such investment in connection with research facilities and/or universities outside of the Roanoke Valley. Funds for Phase II will be appropriated by the County and delivered to the Authority during the County's fiscal year July 1, 1997 through June 30, 1998 upon notification by the Company that it has complied with the terms and conditions as outlined herein and upon verification of continued investment levels and tax revenues by the Commissioner of the Revenue and employment levels by the Virginia Employment Commission. The Authority will thereafter make a grant to the Company. The Company, the County and the IDA agree that the number of retained jobs shall be verified by the Virginia Employment Commission (VEC) . 5. Except as provided herein, if the Company does not meet either or both the investment and employment requirements of this Agreement for each fiscal year from July 1, 1996 - June 30, 1998, then Phase II assistance shall not be awarded. If the 4 Company does not meet either or both the investment and employment requirements of this Agreement at any time during the fiscal year July 1, 1998 - June 30, 1999, then the Company agrees to reimburse the Authority in the amount of $100,000 within 30 days of determination and shall compensate the IDA the difference between taxes paid to the County and the $300,000 agreed to for the fiscal year ending June 30, 1999. 6. If either party is unable, in whole or part to perform its commitments under this Agreement by reason of force majeure, as defined below, then that party shall not be deemed in default of its obligations under this Agreement and any deadlines for the performance of its obligations shall be extended for a time equal to the time period of the force majeure event, plus ten days. The term "force majeure" as used herein shall include without limitation acts of God; strikes, lockouts or other industrial disturbances; acts of public enemies; orders of any kind of the government of the United States of America or the Commonwealth of Virginia or any political subdivision thereof or any of their departments, agencies or officials, or any civil or military authority; insurrections; riots; epidemics; acts of third party, contractors or subcontractors, landslides; lightning; earthquakes; fire; hurricanes; tornadoes; storms; floods; washouts; droughts; arrests; restraint of governmental and people; civil disturbances; explosions, breakage or accident to machinery, transmission pipes or canals; partial or entire failure of utilities; or any cause or event not reasonably within the control of that party. 5 7. The County's performance of its obligations to appropriate funds in future fiscal years is subject to future appropriation actions by future governing bodies. This Agreement does not create or constitute a pledge of the faith and credit of the County. 8 This Agreement shall be governed by and all disputes related hereto . shall be determined in accordance with the laws of the Commonwealth of Virginia. 9. If any provision of this Agreement is deemed invalid or unenforceable then, at Company's election, that provision shall be deemed stricken from this Agreement and the remainder of the Agreement shall remain in full force and effect. COUNTY OF ROANOKE, VIRGINIA By —,,,u• Its (`G.r4i6ir THE INDUSTRIAL DEVELOPMENT AUTHORITY OF ROANOKE COUNTY, VIRGINIA ITT NIGHT VISION a,`7aa Jeq,11elai koz-/ Its (tt e s f O_P ,v i 6 ACTION NO. ITEM NUMBER Q AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: June 9, 1998 AGENDA ITEM: Senior Citizens Hall of Fame Awards COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: This time has been set aside to recognize senior citizens for their contributions to the community. This is the 13th year of the Hall of Fame awards, and the second presented at a Board of Supervisors meeting. The Board members have previously received information about the presentation and recipients. The many contributions of these volunteers are impressive and we are grateful for their work. The Hall of Fame was established to give recognition to Roanoke County residents, age 60 and over, who through their volunteer efforts have improved the quality of life in their communities. The Hall of Fame was also established to recognize a community minded business, agency or organization that provides a service to the senior citizens population or has as a statement of purpose, the betterment of the community. The ceremony is coordinated by the Parks and Recreation Department staff, under the direction of Myra Sellers. Following the awards ceremony, there will be a reception the fourth floor of the Administration Center honoring this year's award recipients. 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 } ELENI O. "HELEN" ASIMAKOPOULOS Helen has volunteered at Adult Care Center of Roanoke Valley, Inc., through the Senior Companion Program, for three years. She gives one-on-one attention to participants; helping staff prepare and serve snacks; and encouraging participation in activities and interaction with others. She makes items at home to bring joy to the participants and staff, and goes the extra mile in many ways. The service provided is invaluable. The need for one-on one attention can make a big difference, especially for people with early onset Alzheimer's Disease, Dementia, and other forms of confusion. She also assists people with challenges, such as stroke, to play cards, dominoes, and to do other activities. The services of Adult Care and special people like Helen, keep many of these participants out of nursing homes. Knowing loved ones are receiving the care they need relieves a great burden on family members, who can then remain in the work force. With Helen's help, Adult Care assists these people to remain independent longer. Helen, it is my distinct pleasure to induct you into the 1998 Roanoke County Senior Citizens Hall of Fame. LOIS HUDDLESTON } Lois participated in collecting stuffed animals for "Teddy Bear" Sunday to benefit the children with Roanoke County Special Services. She collected home-baked cookies from Unity Church and personally distributed them to Roanoke area Police, Fire, and Rescue stations for Unity's "Random Acts of Kindness Week." Lois booked and visited the V.A. Nursing Home, and Burrell Memorial Nursing Home with the Unity Clown Ministry to sing- along and give out hugs, kisses, and lots of love and joy! She is one of Unity's representatives at the Rescue Mission Auxiliary luncheons and services. Lois collected and delivered Unity's Easter Food Basket to the Rescue Mission. Lois threw a Memorial Day Party at Southern Manor with aking-a-long, cupcakes, fruit and drinks. She helps mail the church newsletter with "The Holy Folders" Team, and is a substitute usher and reads the Daily Work on some Sundays. Lois helped with Unity's Roanoke Community Blood Drive for the American Red Cross. Lois provides ongoing transportation for several women who can no longer drive in our community, taking them for outings, meals, groceries, exercise classes, doctors, and church several times a week. She rocks babies at the Greenvale Nursery School every Tuesday from 1:00 to 5:00 PM; and has attended many people in their homes and in the hospital. She helps set up and clean up for Unity Circulation Day, to which anyone in the Valley is invited to bring what they wish to give away, and take away what they wish to receive, with no exchange of money at all! Lois collected and helped deliver the abundant food Unity donated to the RAM House Thanksgiving Food Drive. She also prepared 35 wrapped gifts and refreshments for a Christmas party for all the folks at Southern Manor Adult Home, and gave them out with unending love. Lois is an exemplary demonstration of what and who we can all be for one another as she tirelessly looks for and finds people and places to serve in our beautiful Roanoke Valley. In so doing, she inspires us all to actively love our neighbors as we love ourselves. We can all learn and grow as we experience such love being expressed in our community. In her extensive volunteer activities, Lois has profoundly changed the lives of not only those she has served, but those she has inspired to join her in giving with hearts open to unconditional love and acceptance. She models for all generations, that life is an upward progressive movement of spirit through which we can continue to positively impact the lives of those around us, regardless of age, by "doing" God's will. Lois, it is my pleasure to induct you into the Roanoke County Senior Citizens Hall of Fame JOYCE B. "BILLIE" SMITH t Billie has donated 1,880 hours of service to Carilion Roanoke Community Hospital since joining the volunteer program in 1991. Billie's volunteer services include: being a hostess on the Information Desk in the Main Lobby; delivering flowers and mail, working in the hospital Gift Shop, visiting patients and nursing units, and making herself available to run errands. Billie also helps with local school tours that are offered to all local second graders in the valley between October and May. The tours are offered to help children understand the workings of the hospital and hopefully reduce any fears they might have if admitted as a patient. The tours are conducted on Tuesday mornings. with an average of 40 children per tour. In the school year approximately 1,000 children and teachers participate in the program. Along with one Volunteer Office staff member, Billie assists with these tours. She gives an overview of the hospital departments, such as Radiology, Mother/Baby/Nursery, The Medical Center for Children-Pediatrics and answers questions concerning the hospital and its role within the community. Her outstanding relationship with the children, including her patience, kind manner, and ability to talk to the children makes her very special. Participating in the school tour program is not a job or duty for Billie but instead a pleasure. With health care agencies working toward accessible, affordable, and quality care for patients and people in the community, volunteer services are greatly appreciated. Extra hands, feet, and hearts are needed and it is important for the community to know Billie is providing these extra services that staff often cannot do, due to their work load. She provides that extra TLC that everyone needs and enjoys. Billie is a very outgoing person who communicates well with people and is truly a goodwill ambassador for Community Hospital. Billie, it is my pleasure to induct you into the 1998 Roanoke County Senior Citizens Hall of Fame. Now it is time to present our Special Award which this year goes to The Rescue Mission. Lois Johnson Bettis, would you come forward and accept the award. The Rescue Mission is a Christian, crisis intervention center open 24 hours a day, seven days a week, 365 days a year. It is an essential part of this entire community's safety net for those in crisis. Many of the people who come for food, shelter and/or the recovery program are senior citizens. With reductions in welfare benefits, Supplemental Social Security benefits and food stamps, many of the elderly find themselves unable to stretch their meager income to cover food, housing, medical treatment and prescriptions. The Rescue Mission helps them by providing food, housing and clothing. Also, many supporters of the Rescue Mission are themselves senior citizens. They know their financial contributions to the Mission go directly to any needy citizen -children, adults, and senior citizens. These more fortunate senior citizens tell us they sleep better knowing that the Rescue Mission is ready to help those in crisis in our community. Today the Rescue Mission is developing a Women's Recovery Program which will be unique in that women may bring their children to live with them during the 12 month program. No other facility in this region offers that kind of program for women with children, who are addicted to drugs or alcohol. The children will be receiving counseling and they will learn to function as a family once again. The grandparents of these children will be spared the burden of caring forth ile their mothers are in treatment, or taking the on pe anentl '~f the parent is incapacitated or arrested an~ ~~ ~h The Rescue Mission will celebrate it's Anniversary on July 2. Under the leadership of the founder and current CEO, Lois Johnson Bettis, the Mission has grown from a storefront on Salem Avenue to amulti-building complex. Mrs. Bettis' personal philosophy of "faith in action" has greatly influenced the programs offered by the Rescue Mission. Her perseverance and indomitable spirit has been an inspiration not only to those receiving help at the Mission, but to all people of good will. Lois, it is my pleasure to induct The Rescue Mission into the Roanoke County Senior Citizens Hall of Fame. Now we have five Certificates of Recognition to present. Three of the certificates go to individuals and two are for the Special Category. Again, when I call your name, please come forward to accept you award. WILLIAM GORE Bill has provided the United Way of Roanoke Valley with three solid years of devoted service as a volunteer with the "Loaned Employee" program. He handles the important but less visible tasks that absolutely must be done to have a successful program to assist over 80,000 Roanoke Valley residents. Bill is also a founding member of the Red Feather Society program designed to recruit volunteers from the retirement community. He is responsible for taking campaign supplies inventory, alerting staff when~supplies are low, fills orders with materials, and delivering them. When all that is done he still finds time to assist with the "audit" process of campaign pledges. In addition to assisting United Way, Bill provides tax service support through the League of Older Americans. His many volunteer efforts through Salem Kiwanis Club programs have earned him title of Kiwanian of the Year. Bill was active with the Roanoke Valley Safety Council and served as their president in 1970. Volunteer efforts provide the backbone of United Way's fundraising, keeping administrative cost low and providing service and support to the many organizations giving back to their community through United Way. Volunteers are needed to raise the significant dollars each year in their campaign to provide funds for over 80 health and human service programs. Without volunteers, a lot of health and human services would not be provided to those who need it most. If this wonderful Valley of ours had no volunteers like Bill Gore, the quality of life would be diminished for its citizens. Bill, I am very pleased to present you with this Certificate of Recognition. ALLEN ROBINSON, JR. Allen serves on the Board of Directors of Clean Valley Council Inc. and has served as its chairman. In this capacity, he has worked to foster litter prevention and recycling education in Roanoke County and in the localities of Roanoke City, Vinton, Salem, and Botetourt. In addition, Allen serves as the Chairman of the Board of the Roanoke Valley Resource Authority. He is a member of Second Presbyterian Church. Retired from Kroger Company, he played a major role in their environmental practice. A clean, safe, healthy environment is essential to the quality of life in the Roanoke Valley. Indeed, a natural outcome of good environmental practices is the development of pride in the community. Other benefits of a clean environment are growth in tourism and in new businesses locating in the Valley. By being an environmental advocate, Allen has made an impact upon the community. While the Roanoke Valley Resource Authority income is actually trash across the scales, their goal is to reduce the waste streams by supporting recycling education through the school and adult programs of Clean Valley Council of which Allen is the advocate and supporter. This action on his part creates good sustainable development. Allen, it is a pleasure to have you here today. NADINE GUERIN The Art Museum of Western Virginia could not open each day without the faithful Docents who volunteer for desk duty in the galleries. Nadine schedules the volunteer time for more that 80 people each month. This service provides everyone the opportunity to view lovely and important works of art in the Roanoke Valley. Through the dedicated work of Nadine, the community and visitors from all parts of the globe are able to see the wonderful collections and exhibits that the Art Museum of Western Virginia has to offer. Nadine, congratulations on the work you do for the Art Museum of Western Virginia. Would Jere Lee Hodgin, Executive and Artistic Director, please come forward to accept this award for Mill Mountain Theatre. Mill Mountain Theatre provides a number of services which senior citizens in Roanoke County, as well as all over the Valley, participate in. Centerpieces, a series of free staged readings held on Wednesdays throughout the season, allow senior citizens the opportunity to experience new works in an informal setting for little to no cost. After the readings, the audience discusses the work with the director and cast. Mill Mountain Theatre is also active in providing technology which assists seniors who are physically challenged in continuing their enjoyment of live theatre. In addition to six wheelchair "bays" for patrons in wheelchairs, motorized scooters, or walkers, MMT has 22 seats in its Main Stage which have no stairs to navigate. For patrons with hearing difficulties, assistive listening devices are available to amplify actors' voices during performances, and signed performances are provided for those who are deaf orhard- of-hearing. This year, a grant from The Voice of the Blue Ridge allowed the introduction ofaudio-described performances for patrons who suffer from vision impairments. A trained narrator provides information on visual cues to patrons through small personal receivers, all without interrupting the dialogue or musical numbers. Finally, MMT remains committed to providing the best in professional live theatre at affordable prices. In addition to the senior citizens discount offered for weekday and matinee performances, MMT offers preview performances, group discounts for senior citizen groups, half-price rush tickets for last-minute purchases to non-sold-out shows, and special prices for its children's productions. Senior Citizens are encouraged to work as stagehands, ushers, office assistants, even as tour guides and welcoming committees for artist from out of town. Senior citizens from the County have actively participated in the health and growth of the Theatre. In short, Mill Mountain Theatre allows seniors to expand their horizons through a varied and challenging season of plays and musicals, encourages their participation behind the scenes; and provides the services and programs needed to facilitate their enjoyment of live theatre. Through these efforts, they are an invaluable asset to our community, and should be recognized for the many contributions they make in this regard. Mr. Hodgin, we are pleased to recognize Mill Mountain Theatre for the many contributions to the Senior Citizens of Roanoke County. Would Sarah Hodges please come forward. Sarah , as director of r Windsor Hills Tours, will accept the award. Sarah Hodges began Windsor Hills Tours ten years ago. That first year they had three tours. This year there will be at least a dozen full tours which range from a mystery tour of the Roanoke area to a ten-day cruise of Hawaii with 80 people. This year invitations went out to seniors to come to Windsor Hills United Methodist Church for a preview of this year's tours. Over 250 people attended. Several of the tours were filled that day. Sarah Hodges often adds unexpected meals and snacks and special treats at her own expense. When people are happy and enjoy life, they are better able to share their love, gratitude, and faith. Hundreds of persons have been directly blessed by this ministry. Sarah takes a loving, personal interest in her guests. Congratulations, Sarah, I am pleased to present this award to you today. ACTION NO. ITEM NUMBER" ~I AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: June 9, 1998 AGENDA ITEM: Work Session on Greenways COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: This time has been set aside for a work session on Greenways. Greenways Coordinator Liz Belcher and other members of the Greenway Commission will be present to update the Board on their plans and answer any questions the Board may have. Included with your agenda packet are materials that the Greenway Commission has prepared for the work session. 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 ACTION NO. ITEM NUMBER Rte.. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: June 9, 1998 AGENDA ITEM: Work Session on the Western Virginia Land Trust COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: This time has been set aside for a work session and update on the Western Virginia Land Trust. M. Rupert Cutler, Executive Director, will be present to brief the Board and answer any questions the Board may have. 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 _ _ II . .~. s ,' ., ~. .~ R O A N 4 K E V A L L E Y f Greenways Work Session Roanoke County Board of Supervisors June 9, 1998 Y GREENWAY WORK SESSION TABLE OF CONTENTS Intergovernmental Agreement Establishing the Greenway Commission Addendum to the Conceptual Greenway Plan Conceptual Greenway Plan Map Greenways Work Session Summary Intergovernmental Agreement Establishing the Roanoke Valley Greenway Commission Adopted by Roanoke County, April 8, 1997 Signed April 19, 1997 INTERGOVERNMENTAL AGREEMENT ESTABLISHING THE ROANOKE VALLEY GREENWAY COMMISSION 1. PURPOSE The purpose of the Roanoke Valley Greenway Commission ("Commission") is to promote and facilitate coordinated direction and guidance in the planning, development, and maintenance of a system of greenways throughout the Roanoke Valley. 2. SCOPE This greenway system is intended to enhance the quality of life for Valley citizens and visitors and to: (a) provide safe and efficient alternative transportation linkages between recreational sites, open spaces, residential areas, employment centers, educational and cultural facilities, and other activity centers; (b) encourage citizen wellness and maintain environments which promote opportunities for recreation activities; (c) protect environmental assets and retain beneficial ecological habitats; (d) maintain a contiguous urban forest ecosystem to reduce community wide environmental problems such .as .excessive storm water runoff, air quality degradation, water pollution, and urban climate change; (e) promote an appreciation for the Valley's natural, historical and cultural resources and its neighborhoods; (f) protect and link significant remnants of the community's undeveloped open spaces, woodlands, and wetlands; and (g) enhance the Valley's appearance to encourage tourism, promote economic development, and improve the living environment for residents. 3. EFFECTIVE DATE; ESTABLISHMENT OF COMMISSION This Agreement shall be effective, and the Commission shall be established, pursuant to §15.1-21, Code of Virginia (1950), as amended, upon its execution pursuant to the authority of ordinances adopted by the governing bodies of each of the City of Roanoke, the City of Salem, the County of Roanoke and the Town of Vinton. 4. 5. RESPONSIBILITIES AND DUTIES The Commission shall have the following responsibilities and duties: (a) To study the needs of the Roanoke Valley and the desires of the Valley residents as expressed in the Roanoke Valley Conceptual Greenway Plan, dated December, 1995, as the same may be amended from time to time, and to work to implement a coordinated system of greenways into each jurisdiction's planning efforts; (b) To advise and inform the governing bodies and the citizens of the Valley of existing, planned, and potential opportunities for establishing greenways within the Valley; (c) To make recommendations to the governing bodies relative to desirable federal, state, and local legislation concerning greenway programs and related activities; (d) To investigate and recommend funding, grants, and/or donations of land, property or services from the Commonwealth of Virginia, the United States of America, their agencies, private citizens, corporations, institutions and others to promote, construct or maintain Greenways within the Roanoke Valley; (e) To study and recommend uniform standards for the design and construction of greenways, including sign standards, to be employed Valley-wide; (f) To actively pursue and promote publiclprivate partnerships, work closely with the Western Virginia Land Trust and similar nonprofit organizations, and facilitate cooperation among Valley governments in developing, constructing and maintaining a system of greenways throughout the Valley; and, (g To coordinate the efforts of the federal, state and local jurisdictions in the Valley to create aValley-wide system of greenways and trails that satisfy the needs of all the residents of the Valley, including those with special needs. MEMBERSHIP (a) The Roanoke Valley Greenway Commission shall be composed of members, appointed as follows: (1) Three (3) members from each of the participating political subdivisions to be 2 appointed by the governing bodies, each for a term of three (3) years, except for the initial appointments which are to be staggered for each representative as a one, a two and a three-year term as determined by the governing body. Each member shall be a resident of the jurisdiction which he or she represents. (2) One (1) member appointed by the Metropolitan Planning Organization of the Fifth Planning District Commission for a term of three (3) years. (b) In addition to the above members, the following individuals, or their designated representatives, shall serve as ex-officio, non- -voting members of the Greenway Commission: (1) the chief planning official of each jurisdiction; (2) the official responsible for parks and recreation from each jurisdiction; (3) one representative of the nonprofit group heretofore established to support greenways in the Roanoke Valley; and, (4) one representative of the Western Virginia Land Trust. (c) A vacancy for the remainder of any term shall be filled by the governing body making the original appointment. (d) The Commission may add ex-officio members, as appropriate, from interested organizations. (e) The members of the Commission shall serve without pay. 6. MEETINGS (a) The Commission shall hold regular meetings at least once per quarter each calendar year. All meetings and hearings of the Commission shall be open to the public except private meetings may be held pursuant to provisions of the Virginia Freedom of Information Act. Reasonable notice of the time and place of all regular and special meetings shall be given to the public. Meetings shall be called by the chairman or upon request of a majority of the members. (b) The Commission shall adopt bylaws necessary to conduct the affairs of the Commission. 7. OPERATING REVENUE (a) The Commission shall not operate as a fiscal agent. (b) Funding for staff support to the Commission may be made available as appropriated and administered through an agreed-upon fiscal agent. (c) Annual funding requests from the Commission shall be made by February 1 of each year to the governing bodies of the member jurisdictions. 8. ADMINISTRATION (a) An annual report shall be prepared and submitted to the governing body of each member jurisdiction each calendar year. (b) The Commission may es#ablish any committees necessary to fulfill the responsibilities and duties of the Commission. (c) Any greenway coordinator or staff positions of the Commission approved by the governing bodies shall be funded on a per capita basis as determined by the most recent population estimates of the Weldon Cooper Center for Public Service of the University of Virginia. 9. DURATION AND TERMINATION (a) This Agreement shall remain in force for a period of twelve (12) years unless specifically extended or otherwise modified by action of the governing bodies of ail member jurisdictions. (b) A participating political subdivision may withdraw from this by adoption of appropriate ordinance. 10. AMENDMENTS This may be amended only by approval by the governing bodies of each member jurisdiction. 11. LIABILITY To the extent permitted by law, the participating political subdivisions agree to indemnify, keep and hold the members of the Commission and its staff free and harmless 4 from any liability on account of any injury or damage of any type to any person or property growing out of performance of the duties and responsibilities imposed by this Agreement. In the event of any suit or proceeding brought against members of the Commission or its staff, the participating political subdivisions shall pay reasonable costs of defense. Any costs of the participating political subdivisions under this section shall be shared on a per capita basis as determined by the most recent population estimates of the Weldon Cooper Center for Public Service of the University of Virginia. WITNESS our hands and seals this ATTEST: a ~ ~.~-- ATTEST: C /e r ~ ~ ~ h e .$~car~,( ATTEST: ,~' t'_ ~' ~~ ~~~ day of , 1997. CITY OF ROANOKE a~~;°~;~..- CITY OF SALEM eye TOWN OF VINTON . .--~ By ~= H:IAMISCIA-GREENW.1 5 Addendum to the Conceptual Greenway Plan Roanoke Valley Virginia Adopted by Roanoke County, April 22, 1997 ADDENDUM TO THE CONCEPTUAL GREENWAY PLAN, ROANOKE b~ALLEY VIRGiN1A The purpose of this addendum to the Conceptual Greenway Plan (Plan) is to: Clarify, where necessary, public policy as it applies to Roanoke County; and, Supplement and expand upon the methods for implementing the greenway system as proposed in this Plan. General Statements The greenway system proposed in the Conceptual Greenway Plan is to be incorporated into the County's existing Comprehensive Plan in its entirety with the understanding that .full implementation relies on actions by both public and private sectors throughout the Valley jurisdictions. As a joint regional undertaking, the Plan serves an essential coordinating role. However, beyond the County's participation in the Roanoke Valley Greenway Commission, the County is primarily limited to implementing only those corridors which are located in the unincorporated areas of Roanoke County. While the Conceptual Greenway Plan designates 51 corridors for the development of a regional greenway system, these should be viewed as the primary corridors of what will in al( likelihood be a larger network. As opportunities will allow, additional corridors should be added and trails and greenways at the neighborhood and subdivision level should be encouraged, particularly if they are connected to the larger Valley wide network. Ten Strategies For Success Critical to the success in developing a network of greenways throughout the Roanoke Valley are the "Ten Strategies for Success" presented in Section 2 of the Conceptual Plan. These are restated below to emphasize their importance to Roanoke County: 1. Establish a framework for on going inter-govemmental cooperation to develop a regional greenway system through a permanent committee of interjurisdictional local staff. 2. Promote and ensure private sector involvement from all localities by means of organized partnerships. 3. Create a"non-govemmental greenway advocacy organization that would inc{ude citizens from ail communities. Aprff 14, 1997 l=~ 4. Develop an on-road and off-road network of trails through the Valley linking diverse lands such as communities, parks, commercial areas and natural resources. 5. Incorporate bicycle and pedestrian accommodations on newly built and improved urban roads. Incorporate bicycle accommodations on other newly built and improved roads. 6. Develop a highly visible multi-jurisdictional pilot project. 7. Establish a regional program of on going land acquisition through donations, easements combined with new sewer interceptors, and land purchase where necessary. 8. Establish an annual allocation of local government funds for trail construction and maintenance. 9. Implement amulti-jurisdictional greenway maintenance and management program to promote a safe and clean trail system. 10. Develop a regional marketing program for the greenway system that includes promotional literature, maps, and tourist information. - Implementation In addition to the options suggested in Section 7 of the Conceptual Greenway Plan, Roanoke County establishes the following additional guidelines to implement the system of greenways proposed in the Plan. These are described according to the five basic components of implementation, including, planning, finding land, funding, construction, and maintenance. A. Planning 1. Planning for specific corridors shall be conducted by an internal team comprised of representatives of the Departments of Planning, Parks and Recreation, Economic Development, Utilities, and Engineering. Other Departments and appropriate officials from other jurisdictions should also be involved, when appropriate. 2. Prepare a detailed feasibility study, as described in the Conceptual Pian, for all of the primary off-road greenways proposed in developed or developing areas of the County. The level of detail shall be adequate to guide decisions in acquiring access to lands through those mechanisms in B.below. 3. Public Safety agencies shall be consulted on the design, location, and improvements proposed .to ensure a high lave( of safety that can be achieved for both users and adjoining properties owners. 4. All planning shall be undertaken with the full involvement of the citizens in the surrounding 2 April 14, 1997 neighborhoods. ~ • , B. Finding Land Assembling the land to build greenways should capitalize on every option available. The actions below are intended to supplement those listed in Section 7.2 of the Conceptual Greenway Plan. 1. The on-road facilities indicated in the Conceptual Greenway Plan shall be incorporated into the VDOT Primary and Secondary Road Plans early in the planning and funding phases for applicable future road improvements. 2. In the negotiation and acquisi#ion of easements for County projects, including sewer, water, drainage and storm water easements, where a greenway is also proposed, the opportunities to also negotiate .an access easement for the greenway shall be evaluated, and if feasible, acquired. 3. Before legal interest is abandoned in any property, the County shall evaluate the property's potential for use in the development of greenways. This would include the vacation of easements, formal abandonment of rights-of-way and easements and the sale of surplus property. 4. Prior to offering properties at public auction, all properties which may be available as tax delinquent property shall be evaluated for use in the development of greenways. 5. Where land proposed for rezoning is located along a corridor shown on the conceptual plan or forwhich a master plan has been developed, dedication of the legal right to access the property and build and maintain a greenway shall be solicited as a voluntary proffer as a condition of the rezoning. Where appropriate and timely, actual construction of the greenway shaft be encouraged. 6. The County zoning ordinance and subdivision regulations shall be evaluated and amended to incorporate the language necessary to obtain during the site plan and subdivision process, the necessary legal rights of access to further the development of the proposed greenway system. 7. All property owned by the County or any division, department or agency of the County, shall be evaluated for dedication and use in the greenway system. Public lands determined to be appropriate for use in the greenway system sha(I be legally encumbered for such use by establishment of an easement conveyed to a neutral party. - 8. The County, in conjunction with VDOT, shall evaluate and implement a comprehensive program to construct a system of sidewalks to meet existing demands of foot traffic, and enhance and provide links with the proposed greenway system. 3 April 14, 1897 ~. C. Funding 1. Funding to complete the feasibility study described above shall be a high priority in the immediate future in order to establish a firm foundation for all future activities associated with developing the Greenway system. s all be a lee e ands h r f t d anriuali the ount s Ca :eve! 2, F yin C y petal Improvement Program at a ! sufficient to indicate a commitment to complete the County's portion of the conceptual network of greenways over a #~ro~~r~q-ye~F~,:c~t~;aE~l~'~ period. 3. All avenues for utilizing public/private partnerships in developing the proposed greenway system shall be strongly encouraged. 4. In coordination with other Jurisdictions and the Greenway Commission staff, ale opportunities to obtain public ar private grant monies shall be pursued by the County where time and resources allow. D. Construction 1. Ali greenways shall be constructed in accordance with the minimum standards developed and adopted by the Roanoke Va(ley Greenway Commission. 2. All construction activities shall be undertaken in full compliance with all local, state and federal laws which may apply, and ail necessary permits shall be obtained prior to construction. 3. Construction shall be undertaken with the utmost sensitivity and care to surrounding property owners and the rights and wishes of the owners of property for which easements have been obtained. E. Maintenance ~nrn<ctr. 1. No greenway ~~~ be funded for construction or accepted for public maintenance until appropriate funds have been also allocated to the Department of Parks and Recreation or other <„a.. agency which is responsible for the maintenance and upkeep of the corridor. Funds si°~aflfalz~d be adequate to provide the minimum maintenance expected given the levee ofi volunteer support which can be anticipated. 4 Apri(14, 1997 LIST OF ROANOKE COUNTY GREENWAY CORRIDORS IDENTIFIED BY NUMBER IN THE CONCEPTUAL PLAN 1. WEST COUNTY a. On Road: 1. Rt. 785/Blacksburg Road 2. Rt. 622/Bradshaw Road 13. Red Lane 35. Rt. 639/Harborwood Road b. Off Road: 3. Appalachian Trail 4. Mason Creek 10. Paint Bank Branch 11. Horners Branch 12. Roanoke River Tributary 28. Roanoke River Tributary 32. Roanoke River 34. Dry Hollow 36. Barnhardt Creek 2. NORTH COUNTY a. On Road: 5. Timberview Road 6. Wood Haven Road 18. Plantation Road 19. Hollins Road b . Of f Road 7. Horse Pen Branch 8. Route to Appalachian Trail (Garvin Cove) 9. Garvin Creek 24. Tinker Creek 3. EAST COUNTY a. On Road: 33. Stewartsville Road 42. Rutrough Road 49. Blue Ridge Parkway b. Off Road: 26. Glade Creek 27. Glenwood Horse Trail Link 32. Roanoke River 51. Wolf Creek 4. SOUTH COUNTY a. On Road: 40. Colonial Avenue 47. US 221/Brambleton Avenue 48. US 419/Electric Road 49. Blue Ridge Parkway 50. US 220/Franklin Road b. Off Road: 37. Mudlick Creek 43. Murray Run 45. Back Creek 47. US 221/Bent Mountain Road Roanoke Vanwav Plan [lOkC, S~~'lYi, ~lIIt(3II ~ Rt3~110~£ COLiII~, Vl~ Legend and Numbered Ro O Downtown Areas Proposed On-Road Bicycle/ Pedestrian Facilities On-Road Bicycle/Pedestrian Facilities That Can Be Added To Already Planned Road Improvements Proposed Off-Road Bicycle/ Pedestrian Facilities ~ City/County/Town Boundaries ~i Rt. 785/Blackeburg Rd. © Glenwood Hors O2 Rt. 622/Bradshaw Rd. ®Roanoke River 0 APP~ac~~ T='~ O Peters Creek I O4 Mason Creek O Lynchburg/Sale ~ ~5 Timberview Rd. si Dale Avenue ''`'~ ~e hood Haven Rd. ®Roanoke River O7 Horse Pen Btanch 3® Stewartsville R Oe Route to Appalachian Trail 34 Dry Hollow O Garvin Creek ®Rt. 839/Harbor t0 Paint Bank Branch 36 Barnhardt Crei ti Homers Branch ©Mudlick Creek i2 Roanoke River Tributary ®Brandon Road 13 Red Lane 38 Grandin Road 14 Gish Branch O Colonial Avenu, 16 Salem Rail Trail 41 Garnand Brans 28 Peters Creek/Green Ridge Rd. ®Rutrough Road's 1© Herahberger Rd. 4~ Murray Run i8 plantation Rd. O Mill Mountain 19 Hotline Road ®Back Creek O Main St. (Salem) ®Route to Smitl'~ 21 Lick Run ®US 221/Brambl ® 10th Street ®Rt. 419/Electri~~i'"` O Williamson Rd. O Blue Ridge Par O Tinker Creek 50 US 220 ® US 460/Challenger Ave. 51 Wolf Creek O Glade Creek 1 inch = 1'7,000 feet Note: See page 41 of Plan for routes not shown on Prepared by the FLtth Piannins District Commission, Novemb -StnPDc dune 9, 1998 Work Session Summary PRESENTATION BY THE ROANOKE VALLEY GREENWAY COMMISSION TO THE ROANOKE COUNTY BOARD OF SUPERVISORS - WORK SESSION June 9, 1998 Thank you for planning this work session on greenways. We will try to keep the overall time to a reasonable level. 1. Background a. A regional steering committee organized in 1995 by the 5PDC prepared a Roanoke Valley Greenway Conceptual Plan that identified 51 potential greenway corridors in the Roanoke area and included suggestions for standards and implementation. b. The four Valley governments formed the Roanoke Valley Greenway Commission with a formal signing on Mill Mountain on Earth Day, 1997. Each locality appointed three members. The Metropolitan Planning Organization appointed one member. Key planning department, and parks and recreation staff members from the four governments are ex-officio members. Representatives of Pathfinders for Greenways and the Western Virginia Land Trust are also ex-officio members. Roanoke County representatives are Don Witt, Charles Blankenship, Butch Kelly, Pete Haislip and Janet Scheid. We understand that Gardner Smith has recently been appointed as a Salem representative on the Commission. The current Commission chairman, Lee Eddy, was appointed by the Metropolitan Planning Organization. c. When adopting the Greenway Commission and the Conceptual Plan in 1997, The Board of Supervisors approved an addendum that contains additional details for Greenway planning and implementation in Roanoke County. A copy of the Commission agreement and the addendum are attached for reference. d. In 1997, the Commission hired a Greenway Coordinator, Liz Belcher, as staff, who first worked out of 5PDC offices and then from a previously vacant office in the Roanoke County Administration Center, near the Planning Department. Since the Commission has no fiscal authority, Roanoke County serves as its fiscal agent. e. In 1997 the Commission requested and received a total of $30,000 from the three governments, apportioned by population, to supplement other sources to pay for the Coordinator, associated expenses, and provide a match for grant funds. In 1998, the Commission requested a similar amount and we understand that all four governments plan to approve that request in their FY98/99 budgets. f. In 1997 two other local groups were formed to help promote and fund greenways. Pathfinders for Greenways is a Roanoke area non-profit organization capable of soliciting and expending funds, and of providing volunteer help. The Western Virginia Land Trust is dedicated to obtaining conservation easements in a large area of western Virginia, some of which may be used for greenways in the Roanoke Valley. g. Earlier this year the Commission presented to you a summary of a 1997 annual report, and we have just completed a formal version. We plan to distribute copies of that report at the work session, along with a recently completed brochure. h. We are very grateful to you and to the County staff for all your past support and encouragement. We want to be sure you understand the depth of our appreciation for Roanoke County's participation in the greenway program. 2. Current Status of Greenway Construction in the Valley: a. Existing walking path along Wolf Creek at Goode and Stonebridge Parks in Eastern Roanoke County, completed by volunteers several years ago. b. Existing paved Garst Mill Park Greenway, approximately 1/2 mile, cost $50,000, highly used by citizens. c. Hanging Rock Battlefield Trail along Kessler Mill Road in Salem and Roanoke County. Mainly ISTEA funded, with seed money contributed by Salem and Roanoke County. Major construction is expected this year. d. Mill Mountain Greenway from the Roanoke Market area to the top of Mill Mountain, utilizing city sidewalks and the old Prospect Road, with plans to extend to Explore Park in the future, selected by the Commission as the first major greenway project to be pursued. Partially funded by ISTEA and partially by Roanoke City bonds. e. Lick Run Greenway from Valley View Mall to Hotel Roanoke. Roanoke City agreed to fund a bike/pedestrian lane on the new I- 581 overpass, and the Valley View developer will fund the greenway on the north side of I-581. The Commission agreed to seek additional funds to extend the first phase of the Greenway to 10th street. The just-announced preliminary 1998 ISTEA allocation includes $100,000 for this purpose. f. Tinker Creek Greenway from Wise Avenue to the Roanoke River, coordinated with the new sewer interceptor project. Roanoke City allocated $15,000 for a professional design study. g. Wolf Creek Greenway from Washington Avenue to Hardy Road. The Commission allocated $5000 for surveying. The Town of Vinton has obtained a $38,250 grant from the Virginia Department of Environmental Quality. Long-range plans include upgrading the existing walking trail at Goode and Stonebridge Parks to be a continuation of the Vinton project, and to extend the greenway to the Blue Ridge Parkway. h. Roanoke River Greenway. A continuous greenway along the Roanoke River is considered to be the backbone of a Roanoke Valley Greenway system. Roanoke City has several related projects that will include the design and/or construction of a greenway, including the sewer interceptor project, flood control project, and improvements to Wiley Drive. The Commission has obtained a Virginia Environmental Endowment grant to plan that part of the'Roanoke River greenway from Green Hill Park to Rt. 419 in Salem. A consultant, Engineering Concepts, has been hired and a first workshop on this project was held last week. We are grateful for Mr. Hodge's providing welcoming remarks at the workshop. Explore Park is working on a trail system for the part of the River that passes by their property. i. Recent Planned Residential Developments such as that at Wolf Creek and the Cotton Hill Road area include greenways as amenities for their residents. New industrial and business parks such as Valley TechPark and the Roanoke County Center for Research and Technology include greenways as part of the overall plans. 3. Future Greenway Planning for Roanoke County: a. The groundwork has been laid for a major greenway program in the Roanoke Valley. Significant advances have been made in a relatively short period of time. The Commission believes it is now time for each of the local governments to build on the planning that is in place and establish dedicated long range plans to implement greenways in their respective jurisdictions. b. We support and encourage the obtaining of donated greenway easements on private property such as that at the Garst Mill Park Greenway, the McVitty Forest development on Rt. 419, and as discussed by Steve Strauss along Back Creek. We recommend that public utility easements in areas that are identified in the Greenway Conceptual Plan include provisions for public use. One example is the recent sewer interceptor construction along Mud Lick Creek, part of which has been used for the Garst Mill Park Greenway. c. We support and encourage the use of existing public lands for greenway construction, such as that at Garst Mill Park, and in the future at such places as Green Hill Park and the Vinyard Parks. d. We suggest that a priority list for Greenway projects in Roanoke County be established so that an achievable overall program can be developed in a logical and coordinated plan. Priorities could include the connection of the metropolitan area with the Appalachian Trail at Carvins Cove and by way of Mason Creek at the western side of the County, and with the Blue Ridge Parkway on the eastern side. Other potentially high priority projects exist in the north and southern portions of the County. We recommend that the County Planning Commission and Planning staff be given the responsibility of developing a priority list, in cooperation with the Commission and Ms. Belcher to ensure Valley-wide coordination. 4. Future Funding: a. We believe the Commission has made good progress in a relatively short period of time. Citizen enthusiasm for greenways is high, as evidenced by the continued heavy use of the Garst Mill Park Greenway and by citizen responses to the recent Visioning and Community Plan meetings. b. When Greenway planning was first started in the Valley, we thought that the program could be funded almost entirely by grants and donations. Grant funds and donations are vital and will continue to be sought and utilized, wherever possible. However, we learned that in those metropolitan areas with successful greenway programs, much of the year-to-year progress has been funded by allocations from the local governments. We believe these local expenditures are necessary in order to speed up the construction of greenways and to provide the matches that are required for most grants. The benefits of an accelerated greenway program include enhanced recreational and educational opportunities, alternative transportation methods, flood and pollution control, and increased tourism. c. We recommend to each Roanoke Valley local government that a dedicated and continuing source of funds be established for the annual construction of greenways. These funds could be part of Parks and Recreation annual budget requests, or a separate account with annual contributions. We recommend the latter. As a rough estimate, a simple paved greenway like that at Garst Mild Park costs approximately $100,000 per mile. Possible sources of revenue for Roanoke County include, but are not limited to, the following: 1) A portion of the County annual real estate tax: A 1/2 cent allocation on the tax rate would generate approximately $200,000 per year. 2) A one percent increase in the County personal property tax rate would generate approximately $200,000 per year. Please remember that citizens will be getting a 12.5 reduction in their personal property tax on automobiles this year as a result of Governor Gilmore's NoCarTax program, and the reduction is planned to be even greater in future years. 3) A $5 increase in the auto decal fee would generate approximately $300,000 per year. A number of years ago, the decal fee was increased by $5 to fund a successful drainage maintenance program in Roanoke County. 4) Each year the County receives approximately 5100,000 from the federal government as payment in lieu of taxes for untaxed national forest land. This amount could be allocated for greenways. 5) The tax on mobile telephones is likely to increase each year as the nation and County continue to go wireless. One potential source of new revenue would be the annual increase of this tax source over and above that established in FY97/98. This tax is likely to be derived from those portions of the population most able to afford it. 6) Several months ago, Chairman Johnson suggested that fees for industrial revenue bonds be increased to help fund a greenway system. 7) If a storm water utility is established, as recommended by the consultants for the Valley-wide stormwater management plan, a portion of that revenue could be allocated for greenways, since sensitively planned greenways can help reduce flooding and storm water pollution. 8) Over the past year a number of operators have contracted with the County for leased land or tower space for the installation of wireless telephone antennas. This new revenue could be logically earmarked for greenway purposes, since the issue often involves environmental considerations. 5 . Summary a. The Valley governments have already provided significant contributions to a greenway program, through the formation of the Commission and the allocation of funds. b. Citizen interest in greenways is high, and we believe that the population will support the expenditure of additional local funds to accelerate the planning and construction of a greenway program. c. We respectfully request that Roanoke County and each of the other Valley governments establish priorities for greenway construction, and identify and implement a continuing annual source of funds that will be used for greenway purposes. 6. Questions and Comments: a. Pete Haislip, Janet Scheid, Liz Belcher, and Commission members will be present at the work session to respond to questions and comments. y ~-z Promoting & Protecting the Piedmont ~~ JV V~v ~~ ~ ,,~ `` Tax Advantages of Conservation Easement Donation - January, 1998 By Tim Lindstrom ®1998 by the Piedmont Environmental Council WESTERN VIRGINIA UWD TRUST P.O. BOX 18102 ROANOKE, VA 24014.0797 TAX ADVANTAGES OF CONSERVATION EASEMENT DONATION Contents Summary ....................................................................................................................................... l What Is a Conservation Easement? ....................................................... • .......................2 Detailed Discussion and Examples of Income Tax Benefits ................................................3 General Requirements to be eligible for income tax benefits ..............................................3 Income tax benefits .....................................................................................................................6 Limitations on the amount of the deduction ...........................................................................6 Using tax savings in "value replacement" programs ...........................................................7 Phasing easement gifts ...............................................................................................................9 Valuing the easement ...............................................................................................................10 The effect of "enhancement" ...................................................................................................10 The effect of "quid pro quo" ......................................................................................................10 Detailed Discussion and Examples of Estate Tax Benefits ...............................................11 The estate tax "reduction" .......................................................................................................11 The estate tax "exclusion" provided by the American Farm and Ranch Protection Act (section2031(c) of the Internal Revenue Code) .......................................12 TAX ADVANTAGES OF CONSERVATION EASEMENT DONATION January , 1998 Prepared by Tim Lindstrom' Summary There are four types of tax benefits available to easement donors and their families, all of which can be enjoyed in combination. Income Tax Deduction: A gift of a permanent conservation easement to a qualified organization or agency constitutes a charitable contribution and the value of the easement (generally, the difference in the value of the property subject to the easement before and after the easement is put in place) may be deducted from the donor's income for purposes of calculating state and federal income tax. Estate Tax Reduction: Property included in a decedent's estate which is subject to a permanent conservation easement will have a lower value than it would if there were no easement. This results in reduced estate taxes. Estate Tax Exclusion: Under provisions of the American Farm and Ranch Protection Act (section 2031(c) of the Internal Revenue Code) enacted in August, 1997, the executor of a decedent's estate containing land subject to a qualifying conservation easement may exclude 40% of the value of such land after subtracting the value of the easement. Real Estate Tax Assessment: Under provisions of most state laws land subject to a permanent conservation easement is entitled to a lower real estate tax assessment to reflect the restrictions of the easement. This can result in substantial local real estate taxes. ' C. Zymothy Lindstrom is staff attorney for the Piedmont Environmental Council. His address is 1111 Rose Hill Drive, Charlottesville, Virginia 22903. Phone (804) 9770830; FAX (804) 977- 6306; a-mail: pecctl@esinet.net. m 1998, Piedmont Environmental Council. 1 WHAT IS A CONSERVATION EASEMENT? Conservation easements are voluntary restrictions on the use of land negotiated by a landowner and a private charitable conservation organization or government agency chosen by the landowner to "hold" (enforce) the easement. The purpose of a conservation easement is to protect some aspect of the land identified as having significant conservation value. The terms of conservation easements are entirely up to the landowner and prospective easement holder to negotiate. However, the Internal Revenue Code establishes standards for easements which, if met, qualify the donation of the easement for tax deductions. The protection of farm land, ranch land, timber land, and open space, particularly where such land is under residential or commercial development pressure and where local planning identifies such activities as valuable to the community, are typical objectives of conservation easements. In addition, the protection of wetlands, floodplains, areas providing habitat to important wildlife, and land possessing unusual beauty or historic quality are also appropriate uses of easements. Easements which are permanent, donated (rather than sold) by the landowner, and which conserve for the public benefit one or more of the foregoing characteristics of land typically qualify for the tax benefits offered by the Internal Revenue Code. Although easements must create a public benefit to qualify for tax deductions, this does not mean that the public gains access to the land. Unless the purpose of the easement is the conservation of some feature which is meaningless without public access (such as the preservation of a beautiful view), no public access is required. In addition, easements normally permit the continuation of the rural uses being enjoyed by the landowner at the time of the donation of the easement. Land subject to conservation easement may be freely sold, donated, passed on to heirs and transferred in every normal fashion, so long as it remains subject to the restrictions of the easement. It is even possible to retain some rights to very limited residential development (e.g. one unit per 100 acres), so long as the retention of such rights does not conflict with the conservation purpose of the easement. In order to qualify for most federal and state tax benefits, easements must be donated either to a federal, state, or local government agency, or to a private charitable organization which has the capacity to enforce the terms of the easement. Such an organization need not be an environmental organization. A landowner's association could qualify, so long as it is dedicated to the conservation of the features identified in the easement. For example, an association of ranch owners established for the purpose of protecting ranch land, if the association qualifies as a charitable organization (qualifying under section 501(c)(3) of the Internal Revenue Code), and has the capacity to enforce the easement, would be qualified to hold easements on ranch land. 2 The Regs. also stipulate that "any rights retained by the donation of a perpetual conservation restriction must conform to the requirements of this section." Regs. section 1.170A-14(h)(2). 5. The easement must be conveyed to a qualified organization. "To be considered an eligible donee under this section, an organization must be a qualified organization, have a commitment to protect the conservation purposes of the donation, and have the resources to enforce the restrictions." Regs. section 1.170A-14(c). Qualified organizations include local, state, and federal governmental agencies; and charitable organizations qualified under section 501(c)(3) of IR,C. Any subsequent transfer by a donee organization must be restricted by the easement document to qualified organizations which agree to carry out the conservation purposes of the donation. Nothing in the Regs. prevents a trade organization from establishing a qualified organization to hold easements. For example, in Colorado an association of cattlemen established a land trust to hold easements on ranch land. In other words, easements need not be held exclusively by purely environmental organizations. 6. The easement must advance a qualified conservation purpose. Qualified conservation purposes include the preservation of land areas for outdoor recreation by, or the education of the general public; the protection of a relatively natural habitat for fish, wildlife, or plants; the preservation of certain open space (including farmland and forest land); or the preservation of an historically important land area or certified historic structure. Regs. section 1.170A-14(d)(1). 7. Open space easement requirements. There are two kinds of open space easements: those pursuant to a governmental conservation policy and those protecting scenic values. The Regs. contain the following provisions governing easements preserving open space: "(4) Preservation o f open space -~i) In general. The donation of a qualified real property interest to preserve open space (including farmland and forest land) will meet the conservation purposes test of this section if such preservation is- "(A) Pursuant to a clearly delineated federal, state, or local governmental conservation policy and will yield a significant public benefit, or 4 Income Tax Benefits: The donor of a conservation easement complying with the requirements of section 170(h) may deduct the value of the easement (generally the difference in the value of the easement property before the donation and after the donation) from his income. 1. Limitations on the amount of the deduction. Deductions for gifts of appreciated property (which includes most, but not all conservation easements) are limited to 30% of the donor's adjusted gross income. IRC section 170(b)(1)(C). Any unused portion of the deduction may be carried forward for 5 years (allowing a maximum of 6 years within which the deduction may be utilized), or until the amount of the deduction has been used up, whichever comes first. IRC section 170(d)(1). Example: If land is worth $950,000 before the easement donation and $450,000 after the easement donation the value of the easement is $500,000 ($950,000 - $450,000). The gift of an easement valued at $500,000 will generate potential income tax savings for a donor in the 39.6% Federal bracket and the 5.75% Vrginia bracket of up to $226,750 [(39.6% + 5.75%) x $500,000]. F~nple: Elliott and Ethel own Blackacre. Their annual adjusted gross income is $150,000 putting them in the 31% federal tax bracket. Blackacre consists of 250 acres of prime farmland in a rapidly urbanizing area. The area is shown in the local comprehensive land use plan for agricultural use, and is being taxed at use value under a state program to reduce local real estate taxes on farmland (in other words, an easement protecting this land for agricultural use will probably meet the conservation purposes test). The Es donate a conservation easement restricting the use of Blackacre for development purposes so that it may not be divided (or otherwise reduced in size); it may have only the existing residential dwelling; may be used for no purpose other than farming or forestry and then only according to "best management" practices; and it retains no "development rights" for purposes of the sale or transfer of development rights or the clustering of development rights. This is a very "complete" easement. The donation is to the Loblolly Land Trust, qualified as a 501(c)(3) organization, which has a small staff, a nice endowment and which has be specifically set up to hold and enforce conservation easements on farmland in the region of 6 Example: Fritz and Frannie own Coolacre, a 500 acre ranch worth $2,246,000. Coolacre was devised to Fritz by his father who bought it for a song during the depression not far from a then unheard of place known as Jackson, Wyoming. This is their only valuable asset. Fritz's father also left him the income from a sizable fortune, the principal of which is to go to Fritz's grandchildren. Fritz has only the ranch and the income and a couple of horses. The income amounts to $400,000 annually. F and F are age 65 and 60, respectively. Their annual income results in a marginal federal tax rate of 39.6%. The Fs are Virginia residents and their marginal state income tax rate in Virginia is 5.75%. F and F both want to keep the farm intact forever, but little Willie, their worthless son, only wants to cash-in the place. Unfortunately, Willie seems to have a uncommon hold over his parents and has convinced them that putting an easement on Coolacre would leave him with insufficient cash to make his way in the world. Fortunately, the Fs have a good friend in Harry, the local head of the Polecat Land Trust (set up by a group of local cattlemen concerned about the loss of ranch land), a rancher and an insurance salesman on the side. As a result of his advise, they donate an easement on Coolacre to the PLT which reduces the value of the ranch by 30%, or $673,800. The Fs annual income will allow them to deduct up to $120,000 ($400,000 x 30%) of their donation annually, so they will be able to take full advantage of the deduction. Given their marginal rate this will generate a total of $305,568.30 in federal and state income tax savings. As Harry was quick to point out, the Fs' tax savings from the easement donation would be more than enough to buy a second to die life insurance policy paying $1,000,000 at the death of the survivor of the Fs (estimated premium for a couple the Fs' ages is $242,568). If this policy were placed by the Fs in an "inter-vivos" trust and all of the "incidents of ownership" (the right to revoke the policy, change beneficiaries, borrow, etc.) were given to the trust the $1,000,000 when paid out will be subject to neither income nor estate taxes. If the Fs both died in 1998, their joint estate tax liability in the absence of the easement gift would be $408,200. This assumes a simple estate plan maximizing use of the unified credit in each of the Fs' estates. (A typical "I love you" will scheme whereby the first decedent gives everything to the surviving spouse would result in estate tax liability of $699,260.) 8 4. Valuing the easement. One of the most critical, and frequently challenged, aspects of easement donation is valuing the easement gift. Valuations reflecting reductions in fair market value due to easement donation have been recognized judicially ranging from 16% to 91%. In order to claim a deduction an easement donor must provide an appraisal of the value of the easement conducted by a qualified appraiser within six months of the easement donation. Form 8283, "Noncash Charitable Contributions," must be filed with the donor's tax return. The gift must be acknowledged by the donee organization. There are two considerations which can significantly limit the amount of the income tax deduction available for easement donations, in addition to disagreements about the actual value of the easement itself: "enhancement" and "quid pro quo." A. The effect of "enhancement." Where the value of land, other than the easement parcel, owned by the donor or a member of the donor's family is increased due to the donation of the easement, the value of the easement shall be reduced by the amount of such increase, whether or not the parcels are contiguous. Regs. section 1.170A-14(h)(3)(i). Enhancement may be a problem where a donor chooses only to place a portion of his land under easement leaving adjoining land unrestricted. The problem of enhancement may be avoided in cases where the unrestricted portion of land is to be transferred to another member of the family, or sold, by making the transfer before the easement is donated. If the transfer takes place before the easement is donated any enhancement in the value of the unrestricted parcel will occur to another taxpayer and cannot be used to offset the value of the easement. B. The effect of "quid pro quo:' The value of an easement must also be reduced by any financial or economic benefit received, or reasonably expected, by the donor or family member of the donor as a result of the donation of the easement. Regs. section 1.170A-14(h)(3)(i). Note that an easement imposed as part of a qualified "bargain sale" of the easement by the landowner will qualify the portion of the easement transfer qualified as the donation for an income tax deduction. 10 saves John's estate $128,000. If John's the value removed by the easement were all subject to the top federal estate tax rate of 55%, the savings to John's estate from the easement gift would be $165,000. Where the value of the land and the easement appreciate after the date of donation the estate tax savings can increase dramatically. The Exclusion: A new exclusion from the federal estate tax was enacted on August 5, 1997. Formerly known as the American Farm and Ranch Protection Act, the new exclusion is provided for in new section 2031(c) of the Internal Revenue Code. Section 2031(c) provides that a decedent's executor may exclude 40% of the value of land subject to a permanent conservation easement, provided that the easement meets the requirements of section 170(h) of the Internal Revenue Code (see "Detailed Discussion and Examples of Income Tax Benefits). The exclusion applies to the value of the land remaining after subtracting the value of the easement. The exclusion applies to land only ,not improvements. Example: If land is worth $1 million prior to the easement and $700,000 after the easement, the exclusion would allow 40% of the remainder value of $700,000 to be excluded, or $280,000 (40% x $700,000). Ef j~ective Date The law is available to the estates of decedent's dying after December 31, 1997. Thus, the exclusion is available for easements already in existence if they otherwise qualify under 2031(c). The Limitation On and Phase-In o f Bene fits Section 2031(c) limits the amount which may be excluded to $500,000. The limitation is phased in $100,000 increments. Only $100,000 may be excluded in 1998 up to $500,000 in 2002. Doubling the Benefcts Because the limitation of $500,000 applies per estate it is possible that, with a simple estate plan, the estates of both a husband and wife can each qualify for the exclusion. This would allow a married couple to exclude $1 million in land value from their estates. 12 Example: An easement otherwise meeting the requirements of section 2031(c) retains the right to develop five house sites, each worth $50,000 for a total value of $250,000. The land is valued at $2 million before the easement and $1 million after the easement. While the exclusion would normally apply to the entire remainder value of the land ($1 million in this example), here the value of the retained development rights must be subtracted from the remainder value before calculating the easement. Thus, the exclusion available is reduced from $400,000 (40% x $1 million) to $300,000 [40% x ($1 million - $250,000)]. However, the heirs could decide to give up some or all of the retained development rights and save tax accordingly. Retained Rights to Commercial Recreational Use Any easement which retains more than a "de minimus" right to use the land for commercial recreational use is disqualified from enjoying the exclusion provided by 2031(c). The official explanation of this provision provided by the Congress is that a "de minimis" use does not include retaining the right to grant hunting or fishing licenses on land under easement. However, until the matter is clarified further, it may be wise to include in an easement an express prohibition against all but de minimis commercial recreational activity, or to provide a blanket prohibition on all commercial recreational activity. Existing easements which do not include such prohibitions will need to be amended. The staff of the Joint Committee on Taxation of the U.S. Congress has taken the position that such a prohibition may be supplied by a decedent's executor or trustee in a "post mortem" amendment to an existing easement. However, state law may not allow such amendments at this time. Carryover Basis 2031(c) provides that, to the extent of the exclusion, land shall have a "carryover basis" in the hands of heirs rather than a "stepped-up basis." Essentially this means that if heirs sell the land they must pay capital gains tax on the difference between what the decedent paid for the land and the price for which the land was sold. Most assets passing through an estate get astepped-up basis, which means that heirs pay income tax on the difference between the value of the asset at the date of the decedent's death and the price at which they sold the asset. Example: Mr. Smith made a qualifying easement donation prior to his death which reduced the value of the land he owned at his death by 30%. Assume that, at Mr. Smith's death, the land was worth $750,000 and the improvements $250,000. As indicated above, normally the basis in the hands of Mr. Smith's heirs would be stepped-up to $1 million. However, his executor elects to take the exclusion provided by 2031(c). 14 Chart A The Value of Federal and State Income Tax Deductions for Easement Donations An Example Value of land before easement Subtract value of land after easement Value of easement Calculation of deduction Value of easement Assumed income level Multiply income by annual limit on deduction $1,000,000.00 - 700,000.00 300,000.00 $ 300,000.00 145,000.00 x 30% Maximum annual deduction Multiply by number of years deduction allowed Allowed deduction Calculation of tax savings Assumed federal income tax bracket Assumed state income tax bracket Allowed deduction Multiply by combined tax rates Total federal and state income tax savings $ 43,500.00 x 6 $ 261,000.00 31% 5.75% $ 261,000.00 x 36.75% 95.917.50 Chart C Combined Income and Estate Tax Savings for Easement Donation Examples from Charts A and B: Value of Easement $ 300,000.00 Value of exclusion under American Farm and Ranch Act 280,000.00 Estate tax bracket 49% and 45% Combined state and federal income tax brackets 36.75% Value of estate tax savings 281,000.00 Value of income tax savings 95,917.50 Total combined income and estate tax savings $376.917.50 Tax savings are 126% of the reduction in land value due to the easement. Chart E Combined Tax Savings for Low Bracket Donors Value of land before easement $350,000.00 Value of easement (30%) 105,000.00 Remainder value 245,000.00 Exclusion percentage x 40% Amount of exclusion $ 98,000.00 Calculation of estate tax savings Total estate reduction ($105,000 + $98,000) $ 203,000.00 Assumed marginal rate x 37% Estate tax savings $ 75.110.00 Calculation of income tax savings Assumed income level $ 75,000.00 Annual limit x....30% Maximum annual deduction $ 22,500.00 Allowed deduction $ 105,000.00 Combined income tax rates (28% + 5.75%) x 33.75% Total federal and state income tax savings $ 35.437.50 Total combined income and estate tax savings $110,547.50 Tax savings are 105% of the reduction in land value due to the easement. ~~~ c 'stern `Virginia Land Trust P. O. Box 18102 Roanoke, Virginia 24014-0797 June 9, 1998 Phone/Fax 540/985-0000 E-mail mrcutlerC~aol.com Chairman and Members Board of Supervisors EXECUTIVE DIRECTOR County of Roanoke, Virginia Dr. M. Rupert Cutler pp Box 19800 Roanoke, Virginia 24018 BOARD OF TRUSTEES Barbara B. Lemon Gentlemen: President Thank you for this opportunity to brief you on the Western Virginia Mary Ann Johnson vice President Land Trust. Land trusts are locally run, nonprofit, educational organizations that encourage landowners to enter into voluntary Murray x. coulter Jr. Treasurer conservation easements to protect public values. Those values include views from scenic roads, the production of clean water, the perpetuation of Elizabeth H. Belcher the maintenance of natural landscape-based recreational family farms ~~~ , activities such as hunting, fishing, birding, and hiking, and the protection Charles A. Blankenship of historical sites. Interests of the Western Virginia Land Trust include: E. Cabell Brand {1) helping the Roanoke Valley Greenway Commission obtain greenway Lynn M. Davis rights of way (such as the now-private land along Lick Run), (2) helping the National Park Service protect views from the Blue Ridge Lucy R. Ellett Parkway (such as the 122-acre easement at Smart View}, and sibyl N. Fishburn (3) helping the Appalachian Trail Conference by acting as its agent in David P. Hill obtaining interests in land that can be seen from the "AT". Another role land trusts can play is in the protection of lands above Robert G. Hoak municipal reservoirs from uses and developments which could Robert H. Hunt contaminate the runoff water and make the job of cleaning it for domestic George A. Kegley consumption more expensive. Voluntary conservation easements on lands Robert B. Lambeth, Jr. along the Roanoke River above the point at which water is diverted into Spring Hollow Reservoir would reduce concerns about future water Stephen W. Lemon quality. Landowners often are interested in entering into such easements Jack Lceb, Jr. because of the tax benefits of so doing. All our work in the County is Leonard A. Muse coordinated with your planning staff and is intended to advance the open space component of your comprehensive plan. James R. Olin Janet Scheid Sincerely, Catherine B. Smeltzer M. Rupert Cutler EXeCUt1Ve DffeCtOr James M. Turner, Jr. James L. Woltz A private foundation providing voluntary means to promote the preservation of western Virginia's natural and cultural heritage Western Virginia Land Trust Briefing of the Roanoke County Board of Supervisors by Executive Director Rupert Cutler on June 9, 1998 Mr. Chairman, Members of the Board, Mr. Hodge, thank you for this opportunity to brief you on the work of the Western Virginia Land Trust. First, thank you for approving a grant of $5,000 to our land trust for the 1998- 1999 fiscal year. We appreciate this expression of confidence in our new program. We will try to demonstrate over the next few months how the land trust's voluntary land- conservation program will help accomplish the open space-maintenance part of the County's comprehensive land use plan. If we're successful, you'll save public money, because you won't have to buy land or development rights to keep farms, scenic views, greenway routes and other land open. Landowners often are willing to trade some of their development rights for income and estate tax benefits, by donating a conservation easement to the Commonwealth of Virginia through a land trust such as ours. Owners of over 110,000 acres of open space lands in Virginia already have done so. It's awin-win for the landowner and the public and doesn't cost the local government anything (though we suggest the donating landowner be rewarded with reduced property taxes). Because of your tight schedule I will compress my oral presentation to the least amount of time needed to 1. introduce you to the materials in the file folders I have provided each of you, and 2. use these two maps to describe in a bit of detail opportunities we have to use voluntary conservation easements to save scenic views from the Blue Ridge Parkway 2 and the Appalachian Trail in Roanoke County (a tourism-development benefit) and maintain high water quality in Spring Hollow and Carvins Cove public water supply reservoirs (to keep water treatment costs from increasing). You'll notice that these conservation easement benefits to the County can be expressed in dollars and cents. They are financial or economic benefits. They have the potential to improve the County's economy, through more tourism, and save on the use of tax dollars for water treatment. Protecting the source of our water, with conservation easements, can keep the water flowing into our reservoirs from becoming contaminated and expensive to clean up. OK, let's look at the handouts in the Western Virginia Land Trust file folder. There are: • a cover letter, a copy of this statement, a colorful map of Roanoke County highlighting its public open space in green, its parkway views in deep pink, and selected watersheds in blue (please put this map aside and I'll come back to it), • an article from The Roanoke Times ("Grafting communities onto the countryside") quoting Janet Scheid, Assistant Director of your Planning Department, as urging builders to adopt conservation site design ("wedding development to conservation"), • an article from the current number of Virginia Business ("Greener Pastures") on how land trusts and conservation easements are catching on across Virginia, • a paper by Tim Lindstrom of the Piedmont Environmental Council on "Tax Advantages of Conservation Easement Donation", and • a booklet published by The Trust for Public Land on Protecting the Source-Land Conservation and the Future ofAmerica's Drinking Water. Please read this one when you have a chance. It relates directly to the fate of Spring Hollow Reservoir. Now let's take a look at the map with the blue, green and pink colors on it and check out the following: 1. Deep pink represents views from the Blue Ridge Parkway. The Virginia Outdoors Foundation and the Western Virginia Land Trust successfully encouraged Jim Wilson of Martinsville to donate a conservation easement on 122 acres of forested land adjoining the Smart View Recreation Area at mile post 155 of the parkway to the Commonwealth to protect that fine view for the public. We will actively encourage other landowners up and down the parkway, whose lands can be seen from the parkway, to follow his example. 2. Light green represents public open space including the Jefferson National Forest, the Blue Ridge Parkway, the Havens State Wildlife Management Area, Spring Hollow Reservoir, Carvins Cove Reservoir, and City and County park system lands. 3. Olive green represents Jim Woltz' 920 acres of private land on the headwaters of Bottoms Creek under perpetual conservation easement. It could be called "private open space" and is a model for other major rural landowners in the County. 4. Finally, blue represents "selected watersheds." Here's what I mean by that: There is a mini-"continental divide" in Roanoke County. Look closely at your maps in the upper left-had or northwest corner of the map and you'll see a fine white line dividing the Roanoke River Watershed from the Catawba Creek Watershed. Most of Roanoke County drains into the Roanoke River that flows to Albemarle Sound, 4 North Carolina. That includes the area in blue in the Roanoke River Watershed that lies above the intake for Spring Hollow Reservoir and is therefore part of the source of the water for Spring Hollow (together with about half of Montgomery County and part of Floyd County). Whatever happens on the land above the Spring Hollow intake-and that could include failed septic systems, leaking animal waste storage lagoons, and soil erosion from fallow fields and construction and logging operations-affects the quality of the water in the Spring Hollow Reservoir. You need to be concerned about what happens on that watershed land. I encourage you to join with us in trying to protect the source of our water by means of conservation easements. The most fascinating part of this map for me, however, is the Catawba Creek Watershed at the top of the map. Did you know that Catawba Creek flows to the James River and the Chesapeake Bay? That's what I said there was amini-continental divide in the county. And did you know that there has been aninter-basin transfer of water going on in the Roanoke Valley since 1969 when a tunnel was built connecting Catawba Creek and Carvins Cove Reservoir, the water from which drains into the Roanoke River? (See map of tunnels.) The City of Roanoke has been taking Chesapeake Bay-bound water and diverting it to Albemarle Sound for 30 years! The bottom line here is that the private lands shown in blue are critical watershed lands that drain into our two main water supply reservoirs, and we should pay special attention to how these lands are managed so as to protect the source of our drinking water. One way to see that they are not used in a way that contaminates our reservoirs is by obtaining voluntary conservation easements on them from the landowners in return for a variety of tax benefits. I hope you see the merit in the program I've just described and will encourage County staff to enter into a partnership between the County of Roanoke and the Western Virginia Land Trust to address the need to protect our watersheds and scenic views. Thank you. Roanoke County Fublic Open Space, Parkway Views and Selected Watersheds F:'y . ~~ 1~ ~~ ~: ,'fie ~ .. ~ ~ - ~E~' f~ ~,~,' `~,~ _ ~.. YS ~v~ e ~~.~, Carvin "~,~- r ~ '°' ~ Cove ~ ~~ ` Watershed ~" \.l'.~ 6 © [ J ~:~ ,~ , The Roanoke River i ' Watershed also covers s , ~ about half of , `'''`- ~ : ~ Montgomery County. _ - C ,~" ~' ~"`~ ~ ;1 S ^ T J * '. . r`, f: ~ ~r RLj~FIOICB- ilua~~rr ~;,~,,: 1~ f "~~' ~` ~, ro ~° ~ - -- ; ~> ~ - ,~ ~- ~, - -~, , .~ L 4r5 ,d '}Y ` =:,~ vii ! 55 ~w- ~,~ R~:~ ;. ~~ ~ ~ r / f ~t~, ~~ , , y~` ~,', ~~ ®e r` '~ I ~~ `~ 1 ~s r "; ~~ r ` ~s .: ~` ' Public Open Space Blue Ridge Parkway Views ~8r Conservation Easements Selected Watersheds N W E s ~~ ~ _~ ~ \V ~ ~ ~~~; ~ W • ~i '~~ 0 E- f V F~ O 1~1 0 rn G.> .,-~ .~ O C~ .,~ C~ S ~ .-'y. C ccS cK ~ O G. ~ v; i. ~ ^. L G 3 ;~ Y ~ i. y p <... ~ ~ .~ A p ~ sE '~ ~ ~ y+ =+ •r. 5 ` ~ '.~. -C 7i cam., Yu1 ~' L ~ ? a0 3 ~ ~ ~ ~ ti ~ v uY., ~ ~ `!% s.: ui .~ ~' a ~ ti x `' ?, ~ ~ ca vii cd .G `. 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'b GC ~ i.: '~ J '~ ~ '-~ J ~., r'+ :C ~ v •r r a+ :J ~_ Z cc ~ 5 :tS y ~ r. r ~ y Z .._ ~ ro = 'r. ~ 6 .~ aGD -r,' ~ C ~ .L~ Y r ~ ^~ ~ y o ~ Y = ~ E- " - ~ f = _, ` _ -v WWI =~'a, ~~~_' vL b _ x ~ _~ - :a 0+ 6i ~' v ty. =G C -- S L 5C ~ C ~ .. Z 'tS '.aC. V: G ~ =C '~: i c c~ ~ a~ X13 i .`' ~r - ~'s ~ ~c~-as i b ^:~ i ~ ..b .~ .r ~ b -- C L~ ~ Fes- r ~ _' G. ~ ~ y y ~ L ~ ~. ~ ~ L r ~ ~ "'SL ~ c ~ ~ WESTERN VIRGINIA LAND TRUST' P.O. BOX 18102 ROANOKE, VA 24014-0787 FARMS er ESTATES GREENER PASTURES by Sa11y Kirby Hartman Recent legislation zs making it easier for all Virginians, not just the landed gentry, to take advantage of historic and scenic easements. Through easements with the state, retirees George and Lynne Iverson ensured that their property and 1812 manor house won't tie the future home of a strip shopping center. ynnr and (.~eorge Iverson searched five years for the perfect place to retire. The Washington, D.C., res- idents hunted from Bucks County, Pa., southward for a rural haven before set- tling in 1993 on 400 acres in King and Queen County. "We had the type of property in mind, but not a location," Lynne Iverson says. What the Iversons ended up with was an 1812 manor house on the National Historic Register that needed their tender loving care. Even more attractive was the home's gently rolling acreage along the Mattaponi River where the Iversons could create a refuge for quail, songbirds, deer and wild turkeys. Late last year the couple cook steps to ensure that their rural landscape will last forever. They placed a conservation ease- ment on their property through the Vir- ginia Outdoors Foundation that says their land can never be subdivided or developed and that their Georgian-style house cannot he torn down. "1'he easement was structured so this place will stay as it is," explains Lynne Iverson, an interior designer and member of the regional Soil and Water Board. The Iversons were the first people in King and Queen County to donate an easement to the foundation. "This is not a very conservation-oriented area of the state," Iverson says of the Middle Penin- sula. "Some people think we've lost our minds. But we wanted to do the ease- ment in a way that we can be an example for other Virginians." Easements may be new in King and Queen County, but the Iversons are in good company around the state. Last year 43 Virginia property owners put 7,692 acres under easement through the foundation, while another 14 owners of historic properties put easements on their buildings through the Virginia Department of Historic Resources. Once a site is under easement, the donors "still own their property and have control over the pub- lic's access to it," says Tama- ra Vance, executive director of the Virginia Outdoors Foundation. "They just can't turn it into a shopping center or a highly developed site." For the Iversons, the covenant they made with the foundation provides peace of mind. They point to a 100-acre farm in their county that recently was sold and rezoned to allow one house for each five acres. Iverson is hopeful the controversy surrounding the rezoning may have sparked interest in the easement pro- gram among some of her neighbors. a ~ ~ ~ o V ob Dennis of Rappah- annock County descrihes VIR(;INin pEl!;INC.`i`~ '/IRI;INIA pl1'ilNk;,:~ /IRI;INIA BIISINF S`I VIRGINIA BUSINESS VIRGINIA Bl1SWESS VIRGINIA BUSINESS VIRGINIA HUSINC SS VIRGINIA dll!-;INESS VINGINIA BUSINESS VIRGINIA dIJ:iIIVE Sv viNf.iI NIA dU`.;INE'"~:; 'JIR~INIA dUSiNE SS VINGINIA BUSINESS VIRGINIA BUSINESS UINGINIA BUSINESS VIRGINIA QUSWf SS UI/lGINIA BUSINESS VIRGINIA BdS1NE 55 himself as a great lover of the outdoors. He has spent most of his career protect- ing it. In the early 1960s as a young staffer in the Secretary of the Interior's office during the Kennedy administra- tion, Dennis mostly "got to answer weird letters." But while doing that, he stum- bled across voluntary easements, a pow- erful preservation tool. Dennis became a major advocate of easements as chief executive officer of the Warrenton-based Piedmont Environ- mental Council from 1981 to 1995. Today he travels the country as a consul- tant on rural preservation and promotes the value of easements. He also practices what he preaches by living on family land that has been under easement with the Viirginia Outdoors Foundation since the mid-1970s. Dennis was delighted in t 967 when the Virginia General Assembly created the Virginia Outdoors Foundation, which was charged with conserving and protecting Virginia's open space, primar- ily through easements. The previous year the C;eneral Assembly had authorized the Virginia Historic Landmark Commission to preserve historic properties by accept- ing easements that forbid their demoli- tion or development. Since then participation in both pro- grams has steadily inched upward. There also are several regional organizations that hold easements on property in spe- cific areas of Virginia. These range from the Chesapeake Bay Foundation to the Williamsburg Land Conservancy to the ~~i~Mlii n 1968 the Virginia ~utdoors Foun- dation had only 385 acres under ease- ment. Last year it oversaw 111,516 pro- tected acres in 47 counties with nearly 8,000 acres added in 1997 alone. Today the Virginia Department of Historic Resources lists 236 properties across the state under easement and 14 were added in 1997. When Dennis and his wife, Barbara, put their 141 acres along the Rappahan- nock River under easement, "all the neighbors thought we were crazy," he recalls. Since then nine other families in Rappahannock County have followed their example. Donors are primarily motivated by the desire to preserve land and historic sites. But some have been nudged into action by tax and estate-planning advantages. Virginia's programs also may benefit from new funds the legislature has set aside to subsidize the easement process. The General Assembly also helped by requiring owners of historic properties to donate an easement to be eligible for state grants to help with renovations. Easement proponents also predict that the new federal Farm and Ranch Protec- tion Act, passed in 1997, will have a major impact. The new law allows 40 percent of a farmland easement's value, up to $500>000, to be excluded from estate taxes. Federal tax laws already allowed donated land to be assessed at a lower rate. But the new law expands that tax abatement and allows heirs to reduce their tax burdens by donating easements, even afrer a landowner's death. Willow Spring Circa 1841 brick manor home on 57 rolling acres near $ridgewater. Tastefully renovated and expanded home has 5,083 sq. ft., high ceilings, heart pine floors, 7 fireplaces, hand-made int. wooden shutters. Complete with brick-walled terrace w/hot tub, lighted tennis court, att. 3-caz garage w/apt. above, pond w/spring house & waterfall, in-ground sprinkler system, fenced paddocks, lazge bam & silo. $698,000. For more information and this and other fine vrginia properties, contact: F~~R ilr4. FARM. EBfwTE AND RE8IDENTIAt. BA010CR8 60zr !AtlI.CONER DRIVE C11ARL047'iBVII.I.E, YIR(iIN1A 97Y01 PHONE tSW) 2Y61191 FAX ttitl~l JAS-7t'l7 ligwl Hausm6 oPP~IY Fv~Ln•.nr AKrlunr n(Cn,hrM•'t Invrnininnel Rrnlin~ " I~he tinanual benetin that went along with easements were most attrac- tive to people in the upper-income brackets," 1)ennts explains. "'T'his bill is structured ro be most benetictal to those who are land-poor. Thts has caused a lot of people ro think about the easement concept serwusly for the first time " ~ ~ ~ For seven years Virginia attorney C. Timothy Ltndstrom spent much of his time championing the proposed Farm and Ranch Protection Act_ Ltndstrom, who works for the Piedmont Environ- mental Council, is credited with drafting the bulk of the legislation chat Congress passed last summer. Since then Ltndstrom has been in demand around the country as estate planners, attorneys and land owners mull over the law's benefits. During the past six months Lindstrom estimates he has talked with 2,000 people about the bill. When curious property owners ask for names of satisfied easement holders, Lindstrom looks no farther than his own family. He and his wife, Jessica, put their 105-acre farm in the hills outside Char- lottesville under easement in 1995. Last year his mother took the same steps to protect the family Farm in Michigan after watching suburban houses sprouting in former neighbors' fields. Lindstrom likens farmland to the piggy bank his late grandmother owned - a gift from her grandmother. The china bank "was filled with gold coins and was priceless. It was her prized pos- session," he recalls. His grandmother always worried that "the only way to get the coins out was to break the bank" and that some greedy person would destroy the bank in order to get them. Lindstrom finds many landowners in the same dilemma and believes the new tax benefit provides a solution that lets people get some money out while keep- ing their land intact. there. During his own childhood, the plantation's current resident, Tad Thomp- son, 50, loved to run through the box- wood maze on the Goochland County property his grandmother bought in 1935. "Today Thompson, an estate attorney, lives in the 18th century mansion over- looking the James River with his wife, Sue, and four children. Except for a bit circa 1830 Brick Manor House 7 Bedrooms, 7 Baths. "axes: $553.7. $2,100,000. of modernization, things haven't than much since Jefferson's time, which is ~ historians consider Tuckahoe one of country's most important Colot homes. Since 1986 Thotpson and 16 ri rives, who own the National Histc Landmark and its surrounding 600 ac. have used the state's historic easem~ program to protect Tuckahoe. With As a boy, Thomas Jefferson lived at Tuckahoe Plantation for seven years and attended a schoolhouse on the grounds RAMSAY Located fifteen miles west of Charlottesville at the foot of the Blue Ridge Mountains, this property takes full advantage of the lex;al countryside in the Greenwood Estate area. Out- standing views of the mountains are enjoyed from both north and south porticos. Ramsay was designed by noted Architect Milton Grigg, who was commissioned to create the design of Colonial Williamsburg for the Rockefeller family. The 4,907 sq. ft. manor home boasts archi- tectural detail inside and out. The farm comprises of 7$ mostly open acres and is traversed by Stockton creek. Other improvements include guest house, farm manager's house, and barn complex, completing this fine country estate. $1.500,000. NV ES~ATF ERs ..PTV ' eQUk ~~ 5T1:~'I'N~x~ C.C)MPANY Phone: (804) 296-b104 Fax: (804) 977-0530 property only seven miles from Rich- mond, its owners have tought off devel- opments ranging from a golf uwrse w an expansion of Richmond's circumferential beltway. "We wanted to refrain from chopping up the property," Thompson says. "I feel good about making the effort to keep 'I uckahoe going." T'he easement with the Virginia Department of Historic Resources requires chat Tuckahoe's owners not demolish any existing historic structures and get consent before starting any new construction. h also forbids them from subdividing the property. The restric- tions are permanent -they will remain in force even if the land is sold. To help pay for maintaining Tucka- hoe, Thompson and the other owners occasionally let movie companies film there. During several weeks this spring, the TV movie "Legacy" was filmed at the plantation. Tuckahoe's owners also are starting to rent the plantation for private functions. "The beauty of the easement program is that we don't (restrict usagej," says Calder Loth at the Department of Historic Resources. So wedding parties and production crews are welcome - "as long as the property is maintained." Sometimes preservation becomes a group effort. Owners -not always rela- tives -band together to protect specific geographic areas. One of the largest con- centrations of easements is in the tiny town of Waterford in Loudoun County. Residents of the 18th century Quaker village fight "a constant battle to preserve the rural setting," Loth says. Their arse- nal includes easements, which protect about 50 properties, ranging from early 19th century homes to a corner store and pastures surrounding the town's historic district. A similar preservation effort is emerg- ing in Richmond's Oregon Hill neigh- borhood. This working-class enclave has clapboard homes dating from the late 1800s to World War I. In recent years about a dozen properties there have been protected through easements. In the 1970s, Bill and Sandra Spieden were the firer nronlr in f~r9flaP ('rnfnrv ai place an easement on a property when they protected their Piedmont farm. ()vet time they have safeguarded 840 acres through the Virginia Outdoors Foundation, and they still use the land for raising beef cattle and hay. "Three years ago pastoral Orange County cut the ribbon on its first indus- trial park, and the area is beginning to feel development pressure on several fronts. To counteract that, various pre erry owners have placed more than 8, ] acres under easement, including fart land donated this spring by one of t Spiedens' neighbors. For Bill Spieden t real value of easements "is giving Tutu generations the options for land u other than development. Once land roofed and paved over, we have lost forever." i PROVIDENCE ~ Piankatank River ~ On a bluff above the Piankatank River, Providence, c. 1754, encompasses approximately 124 acres with over 1,000 feet of waterfront. Meticulously restored, this brick Georgian retains its original early Virginia ambiance. The later wings on either end offer contem- porary settings sympathetic with the original house: one a master bedroom suite, the other a large comfort- able kitchen with fireplace. This estate includes an additional three bedroom waterfront house, pool house, garage with two bedroom guest house, caretak- er's residence and deep water dock. Exclusively offered for $2,250,000 Shown by appointment, please contact. Emily Carter, Associate Broker Jim & Pat Carter Real Estate, Inc Brokers For Unuiue Prolxrfies and Rm1 Esmfe Sintt 195 P.O. Box 301, Irvington, VA 22480 Day:804-438-6575 Eve: 804-435-2595 email: ecarterQrivnet.net ~, loin noc~ _anrn~vTnrcxs Virginia's wealthiest 100 ~~~ ~~. 0 .. O~ p o ,.~ 0 0 N p O ~ 3c * E+ ~ * ~,. i.0 iM! O ~~ ~ xar .~ =omits a 1 ~~ ~ tnzi ea ac W c j '. . *O~ N ~O o ~ Yr•p +f *~W ~ = t ~~~ {~ 1 .yi'a! ...'~.w AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON JUNE 9, 1998 RESOLUTION 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. ~ ROANp,`.~ L ti ;`, ~ °~ `a L 1 I r1' 11' Yt' T Y1' Tl' ~ ~ TY ~" ~ l~ Fz Q P.O. BOX 29800 MARY H. ALLEN, CMC CLERK TO THE BOARD Intemet E-Mail: mallen@wwvy.co.roanoke.va.us 5204 BERNARD DRIVE ROANOKE, VIRGINIA 24018-0798 (540) 772-2005 FAX (540) 772-2193 June10, 1998 Ms. Deborah George 5717 Oleander Circle Roanoke, VA 24019 Dear Ms. George: BRENDA J. HOLTON DEPUTY CLERK Internet E-Mail: bholton@www.co.roanoke.va.us I am pleased to inform you that,.. at their meeting held on Tuesday, June 9, 1998, the Board of Supervisors voted unanimously to appoint you as a member of the Parks & Recreation Advisory Commission to complete the unexpired three year term of Richard Cox, representing the Hollins Magisterial District. This term will expire on June 30, 2000. State law provides that any person elected, re-elected, or appointed to any public body be furnished a copy of the Freedom of Information Act. Your copy is enclosed. On behalf of the Supervisors and the citizens of Roanoke County, please accept our sincere thanks and appreciation for your willingness to accept this appointment. Sincerely, C~c~ Mary H. Allen, CMC/AAE Clerk to the Board of Supervisors bjh Enclosure cc: Pete Haislip, Director, Parks & Recreation ® Recycled Paper 0~ ROANp,Y~ ~. a; `> 9 _ "' ~ ~= C~~~xx~~ .~~ ~~x~~a.~.~e 1838 P.O. BOX 29800 5204 BERNARD DRIVE MARY H. ALLEN, CMC ROANOKE, VIRGINIA 2401 8-0798 BRENDA J. HOLTON CLERK TO THE BOARD (540) 772-2005 DEPUTY CLERK Internet E-Mail: mallen@www.co.roanoke.va.us FAX (540) 772-21 93 Internet E-Mail: bholton@www.co.roanoke.va.us June 10, 1998 Mr. James D. Campbell Executive Director Virginia Association of Counties 1001 East Broad Street Richmond, VA 23219 Dear Mr. Campbell: Attached is a certified copy of Resolution No. 060998-6 adopting a Legislative Program for the 1999 Session of the Virginia General Assembly. This resolution was adopted by the Board of Supervisors at their meeting on Tuesday, June 9, 1998. If you need further information, please do not hesitate to contact me. Sincerely, Mary H. Allen, CMC/AAE Clerk to the Board of Supervisors bjh Enclosure cc: Paul M Mahoney, County Attorney ® Recycled Paper C~~~t~#~ a~ ~ o~t~~~e COUNTY ADMINISTRATOR ELMER C. HODGE (540) 772-2004 P.O. BOX 29800 5204 BERNARD DRIVE ROANOKE, VIRGINIA 2t~018-0798 FAX (540) 772-2193 Mr. Bobby Fronk 3528 Overbrook Drive, SW Roanoke, VA 24018 Dear Mr. Fronk: June 10, 1998 BOAI~D OF SUPERVISORS eOEi 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 The members of the Roanoke County Board of Supervisors have asked me to express their sincere appreciation for your previous service on the Highway and Transportation Safety Commission. Allow me to personally thank you for the time you served on this Board. Citizens responsive to the needs of their community and willing to give of themselves and their time are indeed all too scarce. Roanoke County is fortunate indeed to have benefited from your unselfish contribution to our community. As a small token of appreciation, we enclose a Certificate of Appreciation for your service to Roanoke County. Sincerely, Bob L. Jo nso Chairman Roanoke y Board of Supervisors bjh Enclosure cc: Horace L. McPherson, Chairman Highway and Transportation Safety Commission Internet E-Mall Intemet E-Mail ehodge@www.co.roanoke.va.us ®Recycled Paper bos@www.co.roanoke.va.us 4~ ,~ ~4 S~, ~, '-~-~ ~~ ~~` Q Z W~ Q DC 0 V I- 0 z N V 2 O V W h W V W 0 CG x z 0 a~, ~w W~ ~, as O Q F ~ -.•a ®~ ~~ W© -`:~i ~ ~~ ~~ ~~ ~~ ~~ ~~ H ~~ ~~ w~ ~~ ~~ ~~ ~~ e~ ~~ ~~ ra o~ROANp,1.~ ~ ~ 2 o~ ,,ate 1838 COUNTY ADMINISTRATOR ELMER C. HODGE (540) 772-2004 P.O. BOX 29800 5204 BERNARD D~tIVE ROANOKE, VIRGINIA 241018-0798 FAX (540) 772-219 June 10, 1998 Captain Charles L. Compton, Jr. Department of State Police P. 0. Box 978 Salem, VA 24153 Dear Captain Compton: (540) 772-2005 The members of the Roanoke County Baard of Supervisors have asked me to express their sincere appreciation for your previous service on the Highway and Transportation Safety Commission. Allow me toi personally thank you for the time you served on this Board. Citizens responsive to the needs of theeir community and willing to give of themselves and their time are indeed all too scare. Roanoke County is fortunate indeed to have benefited from your unselfish contribution to our community. As a small token of appreciation, we enclose a Certificate of Appreciation for your service to Roanoke County. Sincerely, Bob L. Joh s (Chairman Roanoke u~ty Board of Supervisors bjh Enclosure cc: Horace L. McPherson, Chairman Highway and Transportation Safety Commission (~o~xx~#~ o~ ~2o~~~~e 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 Intemet E-Mail Internet E-Mail ehodge@www.co.roanoke.Va.us ®Recycled Paper bos@www.co.roanoke.va.us ~fi ,~ ~4 =~-t :~ ~Q~ • a_ z ~ ., W~ 0 Q O O V O~ ~ ~ O Z ~ W W W a V O v o~c W ~~ Q O ~~ ~-+ ~ l~+1 ~~ V " ~H w a~ Aa zn HQ H ~!' ai r ~ caz ~~ ~N ~~ ~ `~ ~~ ~~ ~~ _> L .~ ~~ ~~ V AOANp,~~ 6 ~ ~ ~ z ~ ~ i ~`'4 ,ate 1838 COUNTY ADMINISTRATOR ELMER C. HODGE (540) 772-2004 5204 BERNARD DRIVE ROANOKE, VIRGINIA 24018-0798 FAX (540) 772-2193 June 10, 1998 P.O. BOX 29800 Mr. Richard Cox 5714 Capito Street, NW Roanoke, VA 24019 Dear Mr. Cox: BOARD OF SUPERVISORS BOB L. JOHNSON, CHAIRMAN HOLLINS MAGISTERIAL DISTRICT HARRY C. NICKENS, VIDE-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 The members of the Roanoke County Board of Supervisors have asked me to express their sincere appreciation for your previous service on the Parks & Recreation Advisory Board. Allow me to personally thank you for the time you served on this Board. Citizens responsive to the needs of their community and willing to give of themselves and their time are indeed all too scarce. Roanoke County is fortunate indeed to have benefited from your unselfish contribution to our community. As a small token of appreciation, we enclose a Certificate of Appreciation for your service to Roanoke County. Sincerely, Bob L. John o ,Chairman Roanoke County Board of Supervisors bjh Enclosure cc: Pete Haislip, Director, Parks & Recreation Intemet E-Mail Internet E-Mail ehodgeQa WWW.co.roanoke.va.us ®Recycled Paper bos@WWw.co.roanoke.va.us 4~ ~~ ~~ ~4 #, ~k, '-~-~ :~ '~`d` Q z W~ Q CC O Z O V Z N v 0 V W h W V O 0 CC O W W W a E-+ W ~~ r~ id _O,G,~-a{ ~e,d ~~ ~~ F'` A ~~ ~F ~~ w ~~ ~~ ~~ ~~ ~~ W ~ U~ CT G'e ~.1 r~ C7 H .' H~ ~~ D^ V 0~ pOANp,~~ . L z +7 a= C~~~xx~# .~~ ~~x~~a.~.~e 1838 P.O. BOX 29800 MARY H. ALLEN, CMC CLERK TO THE BOARD Internet E-Mail: mallen@www.co.roanoke.va.us 5204 BERNARD DRIVE ROANOKE, VIRGINIA 24018-0798 (540) 772-2005 FAX (540) 772-2193 BRENDA J. HOLTON DEPUTY CLERK Internet E-Mail: bholton@www.co.roanoke.va.us June 10, 1998 The Honorable Fenton F. "Spike" Harrison Roanoke County Board of Supervisors P. O. Box 29800 Roanoke, VA 24018 Dear Supervisor Harrison: The members of the Board of Supervisors wish to express their sincere appreciation for your previous service to the Fifth Planning District Commission. I am pleased to inform you that, at their meeting held on Tuesday, June 9, 1998, the Board of Supervisors voted unanimously to reappoint you as an elected representative to the Fifth Planning District Commission for another three year term. Your new term will begin on June 30, 1998, and expire on June 30, 2001. State law provides that any person elected, re-elected, or appointed to any public body be furnished a copy of the Freedom of Information Act. Your copy is enclosed. On behalf of the Supervisors and the citizens of Roanoke County, please accept our sincere thanks and appreciation for your willingness to accept this appointment. Sincerely, Mary H. Allen, CMC/AAE Roanoke County Board of Supervisor bjh cc: Wayne Strickland, Executive Director, 5PDC ® Recycled Paper O~ ROANpA.~ z c> rasa P.O. BOX 29800 MARY H. ALLEN, CMC CLERK TO THE BOARD Internet E-Mail: mallen@www.co.roanoke.va.us 5204 BERNARD DRIVE ROANOKE, VIRGINIA 24018-0798 (540) 772-2005 FAX (540) 772-2193 BRENDA J. HOLTON DEPUTY CLERK Internet E-Mail: bholton@www.co.roanoke.va.us June 10, 1998 The Honorable Alfred C. Anderson Roanoke County Treasurer P. O. Box 21009 Roanoke, VA 24018-0533 Dear Mr. Anderson: The members of the Board of Supervisors wish to express their sincere appreciation for your previous service to the Fifth Planning District Commission. am pleased to inform you that, at their meeting held on Tuesday, June 9, 1998, the Board of Supervisors voted unanimously to reappoint you as an elected representative to the Fifth Planning District Commission for another three year term. Your new term will begin on June 30, 1998, and expire on June 30, 2001. State law provides that any person elected, re-elected, or appointed to any public body be furnished a copy of the Freedom of Information Act. Your copy is enclosed. On behalf of the Supervisors and the citizens of Roanoke County, please accept our sincere thanks and appreciation for your willingness to accept this appointment. Sincerely, Mary H. Allen, CMC/AAE Roanoke County Board of Supervisor bjh cc: Wayne Strickland, Executive Director, SPDC ® Recycled Paper O~ ROANp~.~ , ~ ~ ~` _ 9 ? G'> ~Ft a ~~~~~ ~~ ~~~~.~.Q 1838 P.O. BOX 29800 MARY H. ALLEN, CMC CLERK TO THE BOARD Internet E-Mail: mallen@www.co.roanoke.va.us 5204 BERNARD DRIVE ROANOKE, VIRGINIA 24018-0798 (540) 772-2005 FAX (540) 772-2193 BRENDA J. HOLTON DEPUTY CLERK Internet E-Mail: bholton@www.co.roanoke.va.us June 10, 1998 First Sgt. Frank W. Duffy Department of State Police P. O. Box 978 Salem, VA 24153 Dear First Sgt. Duffy: am pleased to inform you that, at their meeting held on Tuesday, June 9, 1998, the Board of Supervisors voted unanimously to appoint you as the State Police representative to the Highway and Transportation Safety Commission for a four year term. Your term will begin on June 30, 1998, and will expire on June 30, 2002. State law provides that any person elected, re-elected, or appointed to any public body be furnished a copy of the Freedom of Information Act. Your copy is enclosed. On behalf of the Supervisors and the citizens of Roanoke County, please accept our sincere thanks and appreciation for your willingness to accept this appointment. Sincerely, Mary H. Allen, CMC/AAE Clerk to the Board of Supervisors bjh Enclosures cc: Horace L. McPherson, Chairman Highway and Transportation Safety Commission 3561 Forester Road, SW Roanoke, VA 24015 ® Recycled Paper O~ AOANp~.~ L ti~ ~ c~ reas P.O. BOX 29800 MARY H. ALLEN, CMC CLERK TO THE BOARD Internet E-Mail: mallen@www.co.roanoke.va.us 5204 BERNARD DRIVE ROANOKE, VIRGINIA 24018-0798 (540) 772-2005 FAX (540) 772-21 93 BRENDA J. HOLTON DEPUTY CLERK Internet E-Mail: bholton@www.co.roanoke.va.us June 10, 1998 John Blank, Training Lieutenant Hollins Rescue Squad 6530 Greenway Drive, Apt 104 Roanoke, VA 25019 Dear Lt. Blank: am pleased to inform you that, at their meeting held on Tuesday, June 9, 1998, the Board of Supervisors voted unanimously to appoint you as the medical representative to the Highway and Transportation Safety Commission for a four year term. Your term will begin on June 30, 1998, and will expire on June 30, 2002. State law provides that any person elected, re-elected, or appointed to any public body be furnished a copy of the Freedom of Information Act. Your copy is enclosed. On behalf of the Supervisors and the citizens of Roanoke County, please accept our sincere thanks and appreciation for your willingness to accept this appointment. Sincerely, ~'n.a-,-era- ~/ c2.~`.~ Mary H. Allen, CMC/AAE Clerk to the Board of Supervisors bjh Enclosures cc: Horace L. McPherson, Chairman Highway and Transportation Safety Commission 3561 Forester Road, SW Roanoke, VA 24015 ® Recycled Paper o~ pOANp,Y~ . G ti' 9 7 ~ 1838 P.O. BOX 29800 5204 BERNARD DRIVE MARY H. ALLEN, CMC ROANOKE, VIRGINIA 24018-0798 (540) 772-2005 BRENDA J. HOLTON CLERK TO THE BOARD FAX (540) 772-2193 DEPUTY CLERK Internet E-Mail: mallen@www.co.roanoke.va.us Internet E-Mail: bholton@www.co.roanoke.va.us June10, 1998 Mr. Jack W. Griffith 4043 Snowgoose Circle, SW Roanoke, VA 24018 Dear Mr. Griffith: The members of the Board of Supervisors wish to express their sincere appreciation for your previous service to the Parks & Recreation Advisory Commission. Citizens so responsive to the needs of their community and willing to give of themselves and their time are indeed all too scarce. I am pleased to inform you that, at their meeting held on Tuesday, June 9, 1998, the Board of Supervisors voted unanimously to reappoint you as a member of the Parks & Recreation Advisory Commission for another three year term representing the Cave Spring Magisterial District. Your new term will begin on June 30, 1998, and expires on June 30, 2001. State law provides that any person elected, re-elected, or appointed to any public body be furnished a copy of the Freedom of Information Act. Your copy is enclosed. On behalf of the Supervisors and the citizens of Roanoke County, please accept our sincere thanks and appreciation for your willingness to accept this appointment. Sincerely, f.- ,~• ~L.Zfrn. Mary H. Allen, CMC/AAE Clerk to the Board of Supervisors bjh Enclosure cc: Pete Haislip, Director, Parks & Recreation ® Recycled Paper O~ ROANp,~.~ L ~ ~ ~ ~ 1838 P.O. BOX 29800 5204 BERNARD DRIVE MARY H. ALLEN, CMC ROANOKE, VIRGINIA 24018-0798 (540) 772-2005 BRENDA J. HOLTON CLERK TO THE BOARD FAX (540} 772-2193 DEPUTY CLERK Internet E-Mail: mallenQwww.co.roanoke.va.us Internet E-Mail: bholton@www.co.roanoke.va.us June10, 1998 Mr. David A. Thompson 8160 Waterfall Drive Roanoke, VA 24019 Dear Mr. Thompson: The members of the Board of Supervisors wish to express their sincere appreciation for your previous service to the Parks & Recreation Advisory Commission. Citizens so responsive to the needs of their community and willing to give of themselves and their time are indeed all too scarce. am pleased to inform you that, at their meeting held on Tuesday, June 9, 1998, the Board of Supervisors voted unanimously to reappoint you as a member of the Parks & Recreation Advisory Commission for another three year term representing the Hollins Magisterial District. Your new term will begin on June 30, 1998, and expires on June 30, 2001. State law provides that any person elected, re-elected, or appointed to any public body be furnished a copy of the Freedom of Information Act. Your copy is enclosed. On behalf of the Supervisors and the citizens of Roanoke County, please accept our sincere thanks and appreciation for your willingness to accept this appointment. Sincerely, ~1 ~ ~,c.u~-~ Mary H. Allen, CMC/AAE Clerk to the Board of Supervisors bjh Enclosure cc: Pete Haislip, Director, Parks & Recreation ® Recycled Paper ,. AGENDA CHECKLIST MEETING DATE: ~O -~' -9S ONDAY - WttK titrvKt mtt 1 nv~ V ~ E- mail department heads about agenda staff meeting and ask for titles ~, V ~ Prepare draft agenda for 3 p.m. staff meeting Prepare routine Board reports tSUAY - WttK titrVKC MCC 1 IIVl7 ~ ~ Make changes to agenda and a-mail agenda draft to dept. heads V ~ Prepare Recognition resolutions and proclamations Prepare Board Reports for Elmer's signature wFnNF~nnv _ WEEK RFF~RE MEETING Contact minister -- ...~-0 1-~ I/ Contact anyone making presentations and confirm their attendance ~A Decide on dinner menu and order -type up memo on dinner Give completed and reviewed Board Reports to ECH Send reminder to dept. heads to send in reports Check for 1st and 2 second reading with PMM and dept. heads THURSDAY -WEEK BEFORE MEETING ~omplete and proof any resolutions, proclamations, certificates to be handed out Review Board Reports and attachments Finalize agenda Check on Executive Session, and any other non-routine items ~ FRIDAY -WEEK BEFORE MEETING Proof agenda and finalize / Check vote info and date on all reports, reso and ord Compare agenda to agenda items Complete consent resolution Number, count item pages and run one original and 14 3-hole copies Check ECH and others for any additional memos or information to include Make sure all additional information, minutes or documents are with packet Gather all correspondence for Board members mail agendas to department heads and citizens. Regular mail others by 4 p.m. Double check that correct mail and correct agenda packet in mailing folder ~0 U U1. i~^ ^~~w~~wv ocrnoc onecn 11AFFTIAI(_~ IYIMY VP~ ~ - Va_~ Prepare action agenda ~, Prepare vote sheet Check on Executive Session Items Check on additional people for dinner Remind minister hl Check on any audio-visuals for any presentations TI IC@1'1AV onnon 11nGGTlnlr Prepare Board Reading File Prepare tapes Run additional copies of agenda for meeting Check on supplies, ice and drinks for dinner or snacks ~ Take packet, media packet, tapes, certificates, etc. down to meeting room Gather Proclamations, certificates, resolutions to be signed by BOS Prepare 4th floor training room for work session Frame proclamations or resolutions Final check on executive session items, dinner, etc. ~e-~nnl~enev Tlal IRCnAY _ ~FTFR RnARD MEETING -~ Complete action agenda e-mail action agenda to department heads and add to G:1Common add new items to upcoming agenda packets Contact staff to place resolutions, ordinances on G:\Common Prepare Board Reports, resolutions and ordinances for signing and distribution Write appropriate letters to go with resolutions Prepare certificates for old committee members and prepare letters to new members Update Committee Book ROANOKE COUNTY COUNTY ATTORNEY'S OFFICE 772-2007 MEMORANDUM TO: Board of Supervisors FROM: Paul M. Mahoney~~/~""- SUBJECT: 1999 Legislative Program DATE: 7 May 1998 Attached is a copy of a memo from the Virginia Association of Counties requesting contributions to the VACO 1999 Legislative Program. Please submit any suggestions you have to me so that I can bring a report to the Board at its meeting on June 9,1998. PMM/ spb cc: Elmer C. Hodge Mary H. Allen Attachment Note to File Phone Call from Bob Johnson: May 28, 1998 Parks and Recreation Advisory Commission Appoint Deborah George, 6717 Oleander Circle, Phone 563-1381 to fill Richard Cox unexpired Term Reappoint David Thompson to another 3 year term. o~ ROANp,Y~ z .. z ~ a~ 1838 PAUL M. MAHONEY COUNTY ATTORNEY (540) 772-20(17 5204 BERNARD DRIVE ROANOKE, VIRGINIA 24018-0798 JOSEPH B. OBENSHAIN FAX (540) 772-2089 SENIOR ASSISTANT COUNTY ATTORNEY lone 1, 1998 VICKIE L. HUFFMAN ASSISTANT COUNTY ATTORNEY (s40) 772-2071 Virginia Container Service, Inc. 6152 Twine Hollow Road Salem, VA 24153 Re: Roanoke County Trash Ordinance Unauthorized Scavenging of Trash Dear Gentlemen.: The Roanoke County Board of Supervisors is currently considering a proposed amendment to the Roanoke County Code intended to prohibit unauthorized access to or handling of an individual's trash. This proposed ordinance was prompted by a recently publicized incident in which trash left for the County's refuse collection trucks was inspected by others and personal information taken out of that trash. On the first consideration of this ordinance by the Board of Supervisors last month, concern was raised as to whether this might have any impact upon commercial waste removal companies such as yours. The ordinance as drafted by the County Attorney's Office is not intended to have any effect on commercial waste operations such as yours. However, out of an abundance of caution, this office wanted to provide your company and others in this business in Roanoke County with an opportunity to review and comment on this proposal. The Roanoke County Board of Supervisors is currently scheduled to consider this proposed amendment at a legally required second reading on Tuesday, June 9, 1998, commencing at 3:00 p.m. Should your firm have any questions or concerns about this ordinance, this office would appreciate hearing from you by Monday, June 8th You or representatives of your firm are certainly welcome to be present at the Board's meeting on the 9th. Thank you in advance for your attention to this matter. ;ry yours, B. O nshain, Esq. Assistant County Attorney Enclosure cc: Mary H. Allen, Clerk Paul M. Mahoney, Esq., County Attorney Elmer C. Hodge, County Administrator C~~~xx~~ ~~ .~~xxr~.~.~e OFFICE OF THE COUNTY ATTORNEY P.O. BOX 29800 ® Recycled Paper Same letter also sent to: BFI 341 24th Street, NW Roanoke, VA 24017 Waste Management of Virginia -Blue Ridge 2508 West Main Street Salem, VA 24153 Cycle Systems, Inc. 2580 Broadway Street, SW Roanoke, VA 24014 KAV KAN Disposal 29645 Lee Highway S. Cloverdale, VA 24077 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JUNE 9, 1998 ORDINANCE ENACTING SEC. 13-13.1 AUTHORIZED DISPOSAL OF TRASH; UNLAWFUL SCAVENGING OR HANDLING OF TRASH WHEREAS, Section 15.2-901 of the Code of Virginia, 1950, as amended, empowers localities by ordinance to authorize the proper disposal of trash, garbage, refuse, litter and other debris and to restrict unauthorized disposal; and WHEREAS, concerns have been raised by residents of the County as to unauthorized access to the trash disposed of in containers provided by the County or in privately owned containers contrary to the reasonable privacy expectations of these residents and contrary to the public's interest in protection of personally identifiable information concerning these residents; and WHEREAS, the unauthorized access to trash placed in containers for collection by County vehicles creates the potential for both economic damage to businesses located in the County and loss of privacy rights to residents of the County; and WHEREAS, the first reading of this ordinance was held on May 12, 1998; and the second reading will be held on May 26, 1998. BE IT ORDAINED by the Board of Supervisors of the County of Roanoke, Virginia, as follows: 1. That Section 13-13.1, Authorized disposal of trash; unlawful scavenging or handling of trash of Chapter 13, Offenses -1VTiscellaneous of the Roanoke County Code be enacted as follows: Sec. 13-13.1 Authorized disposal of trash; unlawful scavenging or handling of trash. (a) For the purposes of this section, the following words and phrases shall have the meanings respectively ascribed to them by this subsection: (1) Commercial waste: All solid waste generated by establishments engaged in business operations other than manufacturing. [See Sec. 20-1.] (2) Scavense: To handle, separate, rummage through, take from or otherwise remove goods, articles, identifiable information or any other item of tangible property. (3) Trash: Personal property, business or personal records, household or personal refuse, commercial waste, rubbish, garbage, litter, solid waste or debris, placed in bags or receptacles for disposal, excluding yard waste, wood or brush collection. (b) All trash shall be disposed of in automated container receptacles provided by the County in accordance with Sec. 20-24 of this code or in privately owned receptacles, bags or boxes. (c) It shall be unlawful for any person to scavenge in the trash of another, and no person, other than designated County employees, shall handle the contents of any receptacle containing trash which has been put therein for removal by the County. (d) No person, other than designated County employees, may place trash in County collection vehicles, excepting a "free loader" as defined by Sec. 20-1. 2. That this ordinance shall be in full force and effect from its passage. g:\...\jbo\trashord.598 2 i..,~~~~~ `~ ~;J~,u~te ~ ~=~iiTti t d~~~~~ieti~~~~~~ ~~ ~- to ti~~~~~ 1.} 5 1vA~'Gl~ ACA ~ ~21r ~~A~L ~~~'~.,U; VU~es ~' ~C~i `>>o _aL. .~~~ect: ~~~ O ~' ~ obi ~ .~,~a ,~ . ~ ~~ enda Holton" < ADMO1/BJH > adm01/ech, adm01/mha Thu, 14 May 1998 16:55:57 + 0000 May 26 meeting Michael K~v_naugh came by to bring us sample proclamation or for recognition of birthday of 223 birthda of United States Army for next agenda. June 7 - 14, 1998 as Unity ates Army Week and weekend of June 13 and 14 Army Birthday Weekend. He said that whatever we could do, they would be grateful. He can get several people, generals, or such to come to Board meeting and accept. Told him we would start working on the agenda Monday. He left his business card. He is Vice President, of the Association of the U. S. Army, T. D. "Stonewall" Jackson Chapter. telephone 774-7616 Brenda Holton Deputy Clerk 772-2005 ~~~s ~ 6 -3 io.~ ~~' - ~~ ~_ Mary Allen -- 1 -- Fri, 15 May 1998 07:50:55 From: Self <ADM01/BJH> To: Elmer Hodge, Mary Allen Subject: May 26 meeting Date sent: Thu, 14 May 1998 16:55:57 Michael Kavnaugh came by to bring us sample proclamation or for recognition of birthday of 223 birthday of United States Army for next agenda. June 7 - 14, 1998 as Unitd Sates Army Week and weekend of June 13 and 14 Army Birthday Weekend. He said that whatever we could do, they would be grateful. He can get several people, generals, or such to come to Board meeting and accept. Told him we would start working on the agenda Monday. He left his business card. He is Vice President, of the Association of the U. S. Army, T. D. "Stonewall" Jackson Chapter. telephone 774-7616 Brenda Holton -- 1 -- Thu, 14 May 1998 16:56:09 .~ ~ . RESOLUTION IN RECOGNITION OF THE BIRTHDAY OF THE UNITED STATES ARMY WHEREAS: The United States Army was established by the first S~cvxn Continental Congress on the 14th day of June, 1775; and, WHEREAS: The Congress directed that "...two companies of expert riflemen be immediately raised...in Virginia...as soon as compleated, march and join the army near Boston, to be there employed as light infantry..." to assist our brethren in expelling the tyranny of the British Army; and, WHEREAS: The United States Army remains the primary military service to project and establish land power in the defense of our citizens' freedoms and our nation's security interests; and, WHEREAS: Many citizens of western and southwestern Virginia have served their nation and given the ultimate sacrifice in defense of our freedoms, as members of the United States Army; and, WHEREAS: It is proper to recognize the United States Army annually on its birthday, and to thank those who have served and those who are presently serving. Therefor be it Resolved: That the Board of Supervisors of Roanoke County, Virginia, does recognize the United States Army on the 223rd anniversary of its establishment, and expresses its gratitude to those who have served and those who are now serving to protect our nation and its freedoms; AND DECLARES: that the period from June 7 through June 14, 1998, be known as United States Army week, and that the weekend of June 13 and 14, 1998 be set aside as Army Birthday Weekend; AND FURTHER: Invites all of the citizens of Roanoke County, Virginia, and of the surrounding areas to join the Virginia Army National Guard, the Army Reserve and the components of the Active Army, along with the Thomas J. `Stonewall' Jackson Chapter of the Association of the United States Army in their display and show of today's Army at the National Guard Armory and vicinity on Reserve Avenue, Roanoke, during the 13th and 14th of June, 1998. DECLARED THIS DAY OF , 1998, AT: .r . A RESOLUTION IN RECOGNITION OF THE BIRTHDAY OF THE UNITED STATES ARMY WHEREAS: The United States Army was established by the ~ SECV.vv Continental Congress on the 14th day of June, 1775; and, WHEREAS: The Congress directed that "...two companies of expert riflemen be immediately raised...in Virginia...as soon as compleated, march and join the army near Boston, to be there employed as light infantry..." to assist our brethren in expelling the tyranny of the British Army; and, WHEREAS: The United States Army remains the primary military service to project and establish land power in the defense of our citizens' freedoms and our nation's security interests; and, WHEREAS: Many citizens of western and southwestern Virginia have served their nation and given the ultimate sacrifice in defense of our freedoms, as members of the United States Army; and, WHEREAS: It is proper to recognize the United States Army annually on its birthday, and to thank those who have served and those who are presently serving. Therefor be it Resolved: That the Board of Supervisors of Roanoke County, Virginia, does recognize the United States Army on the 223rd anniversary of its establishment, and expresses its gratitude to those who have served and those who are now serving to protect our nation and its freedoms; AND DECLARES: that the period from June 7 through June 14, 1998, be known as United States Army week, and that the weekend of June 13 and 14, 1998 be set aside as Army Birthday Weekend; AND FURTHER: Invites all of the citizens of Roanoke County, Virginia, and of the surrounding areas to join the Virginia Army National Guard, the Army Reserve and the components of the Active Army, along with the Thomas J. `Stonewall' Jackson Chapter of the Association of the United States Army in their display and show of today's Army at the National Guard Armory and vicinity on Reserve Avenue, Roanoke, during the 13th and 14th of June, 1998. DECLARED THIS DAY OF , 1998, AT: ~____ r . ~._ ~ ~ astern c~Virginia Land Trust P. O. Box 18102 Roanoke, Virginia 24014-0797 May 27 1998 Phone/Fax 540/985-0000 E-mail mrcutlerC+~aol.com Mr. Elmer C. Hodge County Administrator EXECUTIVE DIRECTOR County of Roanoke Dr. M. Rupert Cutler pp Box 29800 Roanoke, VA 24018-0798 BOARD OF TRUSTEES Barbara B. Lemon Dear Elmer, President Mary Ann Johnson Thank you, sir for: Vice President Murray K. Coulter, Jr. 1. the $5,000 grant to the Western Virginia Land Trust for next fiscal Treasurer- Year, and Elizabeth H. Belcher 2. word that you have received $10,000 from the Lowe's Companies for ~~ the Kiwanis Camp Roanoke project and will ask the Board to allocate that amount to the Kiwanis Club of Roanoke for the Club's use in Charles A. Blankenship renovating the activities lodge there. E. Cabell Brand Lynn M. Davis When we spoke on the telephone today I mentioned the utility of conservation easements in protecting municipal watersheds. Here's a Lucy R. Ellett publication on that topic I hope you'll have a chance to read. I'll expand sibyl N. Fishburn on this topic when I address the Board of Supervisors on Tuesday David P. Hill afternoon, June 9. Robert G. Hoak Best wishes. Robert H. Hunt George A. Kegley Sincerely, Robert B. Lambeth, Jr. ~. -- - ,~~~~ Stephen W. Lemon ~~`! ~d ` > ` •`- ~~ Jack Loeb, Jr. ~ '~' ~ ~ - rt'` ~" ~ M. Rupert Cutler Leonard A. Muse Executive Director x. } ~ ~, James R. Olin Janet Scheid Catherine B. Smeltzer James M. Turner, Jr. James L. Woltz A private foundation providing voluntary means to promote the preservation of western Virginia's natural and cultural heritage From: Self <ADM01/BJH> To: "Liz ^Belcher" <ADM01/EHB> Subject: Re: 5-26 agenda Date sent: Thu, 21 May 1998 09:58:24 Liz, it is June 9th -Tuesday. I mis-spoke!! I'll put it in the file for the June 9th meeting. Thanks. > From: "Liz ^Belcher" <ADM01/EHB> > To: "Brenda Holton" <ADM01/BJH> > Date: Thu, 21 May 1998 09:21:12 +0000 > Subject: Re: 5-26 agenda > Let's go with JUne 8. But is it really the 8th or the 9th? the 8th > is a Monday. I thought they usually met on Tuesday. > > From: "Brenda Holton" <ADM01/BJH> > > To: adm01/ehb > > Date: Wed, 20 May 1998 10:56:24 +0000 > > Subject: 5-26 agenda > > Liz, I left a message on your voice mail Monday about work session > > for Greenways. At the agenda staff meeting Monday, ECH said that > > we could do the work session at the 5-26 meeting or 6-8 meeting, > > and to get in touch with you about it. I called your office today > > since I did not hear from you and found that you were out of town > > and sick yesterday. Anyway, our agenda is being finalized for the > > 26th so you might not have enough time to schedule for that > > meeting. Just let me know what you want to do. I expect we would > > do the work session about 4:30 or so. > > Thanks. > > Brenda Holton > > Deputy Clerk > > 772-2005 Brenda Holton -- 1 -- Thu, 21 May 1998 09:58:34 r April 20, 1998 (2:45pm) NOTE TO: Note to File FROM: Brenda J. Holton SUBJECT: Message from Liz Belcher She said that Mr. Eddy told her that we were considering work session for Greenways for April 28 or May 12 Meetings. She said that Mr. Eddy will be gone for the April 28th meeting and she would prefer to have it on May 12. ~(~ "~3 ~Ci~ ~ ~ ~- ~,~ . ~/-~ ~~ , ~ ~ ~~` ~% 5 ~ ~~ r { :,~.,,~. ,~ ~ .~. s 5 From: To: Date sent: Subject: Copies to: "Brenda Holton" < ADMOl/BJH > adm01/jscheid Mon, 16 Mar 1998 greenways 12:39:34 + 0000 adm01/tlh, adm01/mha Janet, ECH looked over my preliminary agenda and said session asked for by Greenway Commission for the 24th wait until April or May as this meeting is already heavy. move the paperwork to the next April meeting. Brenda Holton Deputy Clerk 772-2005 ..: that the work would have to I will Mary Allen -- 1 -- Tue, 17 Mar 1998 07:38:34 E O A N O K E V A L t E t c;~EEUw,~.~s Roanoke Valley Greenway Commission Roanoke County Administrafion Building, Room 243 P.O. Box 29800 5204 Bernard Drive, SW Roanoke, VA 24018 Phone: 776-7159 FAX: 772-2108 e-mail: Ibelcher@www.co.roanoke.va.us The Honorable Chairman and Members Roanoke County Board of Supervisors P.O. Box 29800 Roanoke, Virginia 24018 Dear Chairman Johnson and Members: 3liblu8 ~.'~ (~,~ ~~~Y vu Feb. 25, 1998 This letter supplements the comments made to you by Donald R. Witt at a public hearing on 2/24/98, regarding general budget considerations for FY99. Mr. Witt described the general status of the local greenway program and some of the past and current projects in Roanoke County and other Valley jurisdictions. You also received a handout listing the Valley's greenway investments to date. We thank you for appointing three productive and enthusiastic members to the Greenway Commission, Mr. Witt, Charles Blankenship, and Butch Kelly, who were in the audience February 24, along with Liz Belcher, the Greenway Coordinator, and myself, to support Mr. Witt's statement. Also, the Commission and its members are very grateful to Roanoke County for providing office space for the Greenway Coordinator, and for your positive response to past requests for financial support of the Commission's activities. Discussions with other areas that have successful greenway programs indicate they utilize grants from various governmental and private organizations to the maximum feasible extent to fund trail projects. However, they also receive regular funds from their local governments, which comprise the backbone of their construction programs. We support and emphasize Mr. Witt's request for a Board work session on Greenways to see if a regular and dependable source of funds can be developed for Greenway construction in Roanoke County. As pointed out by Mr. Witt, the City of Roanoke has already committed substantial amounts for greenways, and we hope that you will be able to establish a regular funding source for the County. Since the FY99 budget process is well under way, we respectf k a a ork session be scheduled soon, hopefully as early March 24, s that any resulting decisions can be incorporated in e C y's pending budget. Thank you again for your past and future support of the greenway program. We will be pleased to respond to any questions you may have. Si cerely, ~, Lee B. Eddy, Commission Chairman copy:~lmer Hodge, Terry Harrington, Pete Haislip, Liz Belcher ./f `" 2211 Pommel Drive Roanoke VA 24018 March 4, 1998 Members, Roanoke County Board of Supervisors Roanoke County Administration Center P.O. Box 29800 Roanoke, Virginia 24018 Re: Stormwater Management and Greenways Gentlemen: At a 3/3/98 public hearing, the County Planning Commission voted to recommend that the analysis, design and flood reduction recommendations of the Roanoke Valley Regional Stormwater Management Plan be incorporated into the Roanoke County Comprehensive Plan. I understand the Commission's recommendation will be forwarded to you for final action. At the Planning Commission public hearing I presented the attached statement on this subject. One point I wished to make was that administrative and funding arrangements for implementing the plan need to be evaluated carefully and fully, to meet Roanoke County's specific needs and to coordinate with programs in other Roanoke Valley jurisdictions. I suggested that a joint work session on these subjects with the Planning Commission, followed by a public hearing to solicit citizen comments, may be a reasonable way to help resolve those issues of special interest to Roanoke County. Then negotiation and coordination with key officials in Roanoke City, Salem and Vinton could be conducted to develop an optimum regional approach. The second point I wished to make was that stormwater management can have a close relationship to development of a greenway system, particularly in respect~to controlling .the quality of stormwater runoff, If a reasonable stormwater management funding plan is developed, it may be appropriate to allocate a portion of those funds for greenway construction. Thank you for giving these comments your consideration. Sincerely, --~ Lee B. Eddy attach: Statement copy: E ml er Hodge, Arnold Covey, Liz Belcher