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HomeMy WebLinkAbout9/22/1998 - Regular~ pOAN ,~.~ w ~ I 1 RKING DOCUM T - S BJECT TO REVISIT ROANOKE COUNTY BOARD OF SUPERVISORS ACTION AGENDA September 22, 1998 ~~~~~ i 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. PLEASE NOTE: THE BOARD OF SUPERVISORS MEETING WILL BE REBROADCAST ON RVTV, CHANNEL 3 ON WEDNESDAY. SEPTEMBER 23 AT 7 P M INSTEAD OF THURSDAY. SEPTEMBER 24. 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: Gardner Smith Deputy Assistant for Citizen Services 3. Pledge of Allegiance to the United States Flag. B. REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF AGENDA ITEMS i ®R~ydad P~e~ NONE AT THIS TIME C. PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND AWARDS 1. Resolution of appreciation upon the retirement of Carolyn Broyles, County Garage. R-092298-1 HOM MOTION TO ADOPT RESO URC ACCEPTED BY CAROLYN BROYLES D. BRIEFINGS NONE E. NEW BUSINESS 1. Request for authorization to purchase portable scales for truck weight violations and appropriation of funds. (Ray Lavinder, Police Chief) A-092298-2 BLJ MOTION TO APPROVE PURCHASE AND APPROPRIATION URC 2. Designation of voting representative at the Virginia Association of Counties (VACo) Annual Meeting. (Elmer C. Hodge, County Administrator) A-092298-3 BLJ MOTION TO DESIGNATE SUPERVISOR NICKENS UW 3. Dismissal of Admissions Tax Litigation, Roanoke Lodge #284, Loyal Order of the Moose, and Authorization of Refund. (Paul Mahoney, County Attorney) A-092298-4 HCN MOTION TO_APPROVE STAFF RECOMMENDATION URC a F. REQUEST FOR PUBLIC HEARINGS AND FIRST READINGS OF REZONING ORDINANCES -CONSENT AGENDA BLJ MOTION TO APPROVE 1ST READING AND SET 2ND AND PUBLIC HEARING FOR 10/27/98. URC 1. Ordinance authorizing a Special Use Permit to construct a 100 ft. cellular monopole tower and support building, located on Catawba Valley Drive, 0.75 mile west of Oakey- Dolon Rd., Catawba Magisterial District, upon the petition of U. S. Cellular. 2. Ordinance authorizing a Special Use Permit to operate a bed and breakfast from an existing home, located at 5209 Catawba Valley Drive, Catawba Magisterial District, upon the petition of David and Lucy Downs. 3. Ordinance authorizing a Special Use Permit to develop and operate a used automobile dealership, located in the 3100 block of Brambleton Avenue, Windsor Hills Magisterial District, upon the petition of Mark Hough. 4. Ordinance on a proposal of the Roanoke County Planning Commission to amend and re-enact Section 30-28, 30-29-7 and 30-87-2 of the Roanoke County Zoning Ordinance to adopt new standards pertaining to the development of broadcasting towers within Roanoke County. G. FIRST READING OF ORDINANCES NONE H. SECOND READING OF ORDINANCES 1. Second reading of ordinance authorizing creation of and financing for a local public works improvement project: North Road sewer project. (Gary Robertson, Utility Director) 0-092298-5 FFH MOTION TO ADOPT ORD WITH CHANGES TO INCLUDE DUNCAN 3 PROPERTY AND SECURE EASEMENT ON BLEVINS PROPERTY. _l~ RC 2. Second reading of an ordinance authorizing creation of and financing for a local public works improvement project: Belle Haven sewer project. (Gary Robertson, Utility Director) 0-092298-6 BLJ MOTION TO ADOPT ORD URC 3. Second reading of an ordinance authorizing the County Administrator to execute a lease agreement on behalf of Roanoke County for one acre of property at Happy Hollow Park. (Pete Haislip, Parks and Recreation Director) 0-092298-7 JPM MOTION TO ADOPT ORD LEASING TO ANDREW BAILEY WITH RENTAL INCOME PLACED IN THE PARKS GROUND MAINTENANCE BUDGET URC I. APPOINTMENTS 1. Building Code Board of Adjustment and Appeals 2. Grievance Panel HCN NOMINATED VINCENT REYNOLDS TO A THREE-YEAR TERM EXPIRING SEPTEMBER 10, 2001. 3. League of Older Americans -Advisory Council 4. Task Force for Senior and Physically Challenged Citizens J. 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 4 CONSIDERED SEPARATELY. R-092298-8 BLJ MOTION TO ADOPT CONSENT RESO U RC BLJ ASKED ECH TO SEE IF CONSENT AGENDA COULD BE PRINTED ON RVTV DURING MEETING. 1. Approval of improvements to Reavis Lane which serves as the entrance to the Lloyd Property. A-092298- 8.a 2. Acceptance and appropriation of $25,000 grant from the Virginia Department of Conservation and Recreation for the Garst Mill Greenway and park renovations. A-092298-8.b 3. Resolution of appreciation upon the retirement of Douglas Jones, General Services. R-092298-8.c 4. Request from Schools to accept and appropriate $1,000 grant from the Virginia Department of Education. A-092298-8.d K. REQUESTS FOR WORK SESSIONS NONE L. REQUESTS FOR PUBLIC HEARINGS BLJ ASKED IF PH FOR HOME DEPOT SHOULD BE REQUESTED DURING EVENING SESSION. PMM ADVISED BOARD TO DELAY ITEM L UNTIL EVENING. FFH SUGGESTED SCHEDULING PUBLIC HEARING BEFORE ITEM S-1. BLJ AGREED. JPM REQUESTED THAT BOARD MEMBER COMMENTS ALSO BE DELAYED UNTIL EVENING SESSION. DURING EVENING SESSIONS PUBLIC HEARING SCHEDULED WAS FOR 5 10/13/98 AT 7:00 P.M. TO HEAR REZONING PETITION FOR HOME DEPOT. M. CITIZENS' COMMENTS AND COMMUNICATIONS NONE N. REPORTS AND INQUIRIES OF BOARD MEMBERS Supervisor Minnix: Asked about amending the resolution establishing the rules of order that any reconsideration include a public hearing at a future date. PMM responded that this could be done BLJ also advised that four members could vote to suspend the rules if they chose to do so and that the rules of order are adopted every January. OTHER COMMENTS FOLLOWING THE PUBLIC HEARINGS Supervisor McNamara: (1) Expressed pleasure at the way the Board conducted themselves at the Home Depot Citizens Comments but was concerned about whether they were parliamentarily correct. He felt that 98% of citizens did not feel the Board acted correctly. He advised that at the October 13 meeting he would move to rescind the action taken on September 8. HCN expressed concern that this proposed action to rescind the action was not procedural correct. BLJ asked PMM to research procedures and parliamentary rules concerning this action. (21 Announced that the next School Construction Committee would be held on October 7. BLJ asked JPM to check on the Science Labs. Supervisor Harrison: (1) Reported that Miss Virginia who was recent/ chosen as Miss American spoke at the DARE Camp and told them that she lost the Miss Virginia title three times before winning, and she should serve as a role model for youth not to give up. (21 Announced that the Mud Run was held at Green Hill Park and the number of participants has increased. O. REPORTS BLJ MOTION TO RECEIVE AND FILE AFTER DISCUSSION OF ITEM 8 - UVV 1. General Fund Unappropriated Balance 2. Capital Fund Unappropriated Balance 3. Board Contingency Fund 4. Future School Capital Reserve 5. Accounts Paid -August 31, 1998 6. Statement of Revenues and Expenditures as of August 31, 1998. 7. Proclamation signed by the Chairman 8. Preliminary update on year-end financial reports. P. WORK SESSIONS 1. Discussion on proposed early retirement package HELD FROM 3:45 - 4:50 P.M. PRESENTED BY DIANE HYATT. DH WILL BE DISCUSSING AGAIN WITH SCHOOL BOARD AT THEIR NEXT MEETING. Q. EXECUTIVE SESSION pursuant to the Code of Virginia Section 2.1-344 A (5) discussion concerning a prospective business or industry where no previous announcement has been made of the Business or industry's interest in locating in the community; 2.1=344 A (7) consultation with legal counsel concerning specific legal matter, gainsharing contract with Town of Vinton. BLJ MOTION TO GO INTO EXECUTIVE SESSION FOLLOWING WORK SESSION AT 3:40 P.M. URC EXECUTIVE SESSION HELD FROM 4:50 TO 5:25 EVENING SESSION - 7:00 P.M. R. CERTIFICATION OF EXECUTIVE SESSION R-092298-9 BLJ MOTION TO RETURN TO OPEN SESSION AT 7:00 P.M. AND ADOPT CERTIFICATION RESOLUTION -URC S. CITIZEN COMMENTS 1. This time has been reserved for citizen input related to the rezoning of Home Depot. ISSUE HELD AFTER OTHER PUBLIC HEARINGS AND CITIZEN COMMENTS 29 CITIZENS SPOKE DISCUSSION ON PROPER PROCEDURES FOR RECONSIDERATION AND ASSURING THAT CITIZENS HAVE OPPORTUNITY TO BE HEARD. HCN MOTION TO SCHEDULE ADVERTISED PUBLIC HEARING FOR OCTOBER 13a 1998 ON BOARD OF SUPERVISORS PETITION TO REZONE PROPERTY FOR HOME DEPOT. URC T. PUBLIC HEARINGS 1. Public Hearing and adoption of a resolution on the issuance of Virginia Public School Authority bonds in the estimated maximum amount of $7,965,000 to finance capital projects for Bonsack Elementary School, Burlington Elementary School, Clearbrook Elementary School and Roof Replacements (Diane Hyatt, Finance Director) R-092298-10 BLJ MOTION TO ADOPT RESO URC 2. Public Hearing and adoption of a resolution on the issuance of general obligation school bonds to be sold to the Virginia Public School Authority in the 1998 Fall Literary Fund Subsidy Sale in the estimated maximum amount of $5,000,000 to finance capital projects for Bonsack Elementary School. (Diane Hyatt, Finance Director) R-092298-11 BLJ MOTION TO ADOPT RESO a URC U. FIRST READING OF ORDINANCES 1. First reading of ordinance to exercise an option with Kenneth Keeney and Catherine Keeney to purchase approximately 0.254 acres on Westmoreland Avenue in connection with an economic development project located off Routes 419 and 221. (Joyce Waugh, Assistant Director of Economic Development) HOM MOTION TO APPROVE 1ST READING 2ND -10/13198 AT 7:00 P.M. AFTER HOME DEPOT PUBLIC HEARING URC V. PUBLIC HEARINGS AND SECOND READINGS OF ORDINANCES 1. Second reading of ordinance to vacate a portion of a 25-foot sanitary sewer and drainage easement recorded in Section 1, Triple Crown Estates, as recorded in Plat Book 15, Page 131 and located on Lot 11, Block 1, (tax map #50.03-4-24) Section 2, Triple Crown Estates, recorded in Plat Book 17, Page 123, and located in the Hollins Magisterial District. (Arnold Covey, Director of Community Development) 0-092298-12 BLJ MOTION TO ADOPT ORD URC 2. Second reading of ordinance to vacate a 15-foot public utility easement shown on Tract `A', Winterberry Pointe, as recorded in Plat Book 9 at Page 289 and located in Windsor Hills Magisterial District. (Arnold Covey, Director of Community Development) 0-092298-13 JPM MOTION TO ADOPT ORD URC W. CITIZENS COMMENTS AND COMMUNICATIONS 9 Nancy Huahes~ointed out that the field house at Cave Spring Hiah School is the first project constructed in the Cave Spring District in 20~ears Requested that the Board have trust in the School Board that is now elected. Barbara Bushnell asked about the status of the new South Countv high school and Glenvar Middle School. BLJ responded that they iust received today the letter from the School Board responding to the letter written by BLJ in August, and the School Board needs to get an option on the pro~erty. X. ADJOURNMENT TO WEDNESDAY, OCTOBER 7, 1998 AT _12:15 P.M. FOR A JOINT MEETING WITH ROANOKE CITY COUNCIL AT SANCTUARY YOUTH HOME. BLJ ADJOURNED AT 9:30 P.M. io O~ pOAN ,S. .ffwxraFngs~,r¢+r~ F z . is a~ Cn~~~~ ~~ .~a~xx~~.~.~e ' 3a ROANOKE COUNTY BOARD OF SUPERVISORS AGENDA September 22, 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. PLEASE NOTE: THE BOARD OF SUPERVISORS MEETING WILL BE REBROADCAST ON RVTV, CHANNEL 3 ON WEDNESDAY, SEPTEMBER 23, AT 7 P.M. INSTEAD OF THURSDAY, SEPTEMBER 24. Individuals with disabilities who require assistance or special arrangement in order to participate in or attend Board of Supervisors meetings or other programs and activities sponsored by Roanoke County, please contact the Clerk to the Board at (540) 772-2005. We request that you provide at least 48-hours notice so that proper arrangements may be made. A. OPENING CEREMONIES (3:00 P.M.) 1. Roll Call. 2. Invocation: 3. Pledge of Allegiance to the United States Flag. B. REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF AGENDA ITEMS C. PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND AWARDS i ® Recycled Paper 1. Resolution of appreciation upon the retirement of Carolyn Broyles, County Garage. D. BRIEFINGS E. NEW BUSINESS 1. Request for authorization to purchase portable scales for truck weight violations and appropriation of funds. (Ray Lavinder, Police Chief) 2. Designation of voting representative at the Virginia Association of Counties (VACo) Annual Meeting. (Elmer C. Hodge, County Administrator) 3. Dismissal of Admissions Tax Litigation, Roanoke Lodge #284, Loyal Order of the Moose, and Authorization of Refund. (Paul Mahoney, County Attorney) F. REQUEST FOR PUBLIC HEARINGS AND FIRST READINGS OF REZONING ORDINANCES -CONSENT AGENDA 1. Ordinance authorizing a Special Use Permit to construct a 100 ft. cellular monopole tower and support building, located on Catawba Valley Drive, 0.75 mile west of Oakey- Dolon Rd., Catawba Magisterial District, upon the petition of U. S. Cellular. 2. Ordinance authorizing a Special Use Permit to operate a bed and breakfast from an existing home, located at 5209 Catawba Valley Drive, Catawba Magisterial District, upon the petition of David and Lucy Downs. 3. Ordinance authorizing a Special Use Permit to develop and operate a used automobile dealership, located in the 3100 block of Brambleton Avenue, Windsor Hills Magisterial District, upon the petition of Mark Hough. 4. Ordinance on a proposal of the Roanoke County Planning Commission to amend and re-enact Section 30-28, 30-29-7 and 30-87-2 of the Roanoke County Zoning Ordinance to 2 adopt new standards pertaining to the development of broadcasting towers within Roanoke County. G. FIRST READING OF ORDINANCES H. SECOND READING OF ORDINANCES 1. Second reading of ordinance authorizing creation of and financing for a local public works improvement project: North Road sewer project. (Gary Robertson, Utility Director) 2. Second reading of an ordinance authorizing creation of and financing for a local public works improvement project: Belle Haven sewer project. (Gary Robertson, Utility Director) 3. Second reading of an ordinance authorizing the County Administrator to execute a lease agreement on behalf of Roanoke County for one acre of property at Happy Hollow Park. (Pete Haislip, Parks and Recreation Director) I. APPOINTMENTS 1. Building Code Board of Adjustment and Appeals 2. Grievance Panel 3. League of Older Americans -Advisory Council 4. Task Force for Senior and Physically Challenged Citizens J. 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. 3 1. Approval of improvements to Reavis Lane which serves as the entrance to the Lloyd Property. 2. Acceptance and appropriation of $25,000 grant from the Virginia Department of Conservation and Recreation for the Garst Mill Greenway and park renovations. 3. Resolution of appreciation upon the retirement of Douglas Jones, General Services. 4. Request from Schools to accept and appropriate $1,000 grant from the Virginia Department of Education. K. REQUESTS FOR WORK SESSIONS L. REQUESTS FOR PUBLIC HEARINGS M. CITIZENS' COMMENTS AND COMMUNICATIONS N. REPORTS AND INQUIRIES OF BOARD MEMBERS O. REPORTS 1. General Fund Unappropriated Balance 2. Capital Fund Unappropriated Balance 3. Board Contingency Fund 4. Future School Capital Reserve 5. Accounts Paid -August 31, 1998 6. Statement of Revenues and Expenditures as of August 31, 1998. 7. Proclamation signed by the Chairman 8. Preliminary update on year-end financial reports. P. WORK SESSIONS 4 1. Discussion on proposed early retirement package Q. EXECUTIVE SESSION pursuant to the Code of Virginia Section 2.1-344 A (5) discussion concerning a prospective business or industry where no previous announcement has been made of the business or industry's interest in locating in the community. EVENING SESSION - 7:00 P.M. R. CERTIFICATION OF EXECUTIVE SESSION S. CITIZEN COMMENTS 1. This time has been reserved for citizen input related to the rezoning of Home Depot. T. PUBLIC HEARINGS 1. Public Hearing and adoption of a resolution on the issuance of Virginia Public School Authority bonds in the estimated maximum amount of $7,965,000 to finance capital projects for Bonsack Elementary School, Burlington Elementary School, Clearbrook Elementary School and Roof Replacements (Diane Hyatt, Finance Director) 2. Public Hearing and adoption of a resolution on the issuance of general obligation school bonds to be sold to the Virginia Public School Authority in the 1998 Fall Literary Fund Subsidy Sale in the estimated maximum amount of $5,000,000 to finance capital projects for Bonsack Elementary School. (Diane Hyatt, Finance Director) U. FIRST READING OF ORDINANCES 1. First reading of ordinance to exercise an option with Kenneth Keeney and Catherine Keeney to purchase approximately 0.254 acres on Westmoreland Avenue in connection with an economic development project 5 located off Routes 419 and 221. (Joyce Waugh, Assistant Director of Economic Development) V. PUBLIC HEARINGS AND SECOND READINGS OF ORDINANCES 1. Second reading of ordinance to vacate a portion of a 25- foot sanitary sewer and drainage easement recorded in Section 1, Triple Crown Estates, as recorded in Plat Book 15, Page 131 and located on Lot 11, Block 1, (tax map #50.03-4-24) Section 2, Triple Crown Estates, recorded in Plat Book 17, Page 123, and located in the Hollins Magisterial District. (Arnold Covey, Director of Community Development) 2. Second reading of ordinance to vacate a 15-foot public utility easement shown on Tract `A', Winterberry Pointe, as recorded in Plat Book 9 at Page 289 and located in Windsor Hills Magisterial District. (Arnold Covey, Director of Community Development) W. CITIZENS COMMENTS AND COMMUNICATIONS X. ADJOURNMENT TO WEDNESDAY, OCTOBER 7, 1998 AT 12.15 P.M. FOR A JOINT MEETING WITH ROANOKE CITY COUNCIL AT SANCTUARY YOUTH HOME. 6 t -~ ~,...~. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 22, 1998 RESOLUTION 092298-1 EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY UPON THE RETIREMENT OF CAROLYN F. BROYLES, COUNTY GARAGE WHEREAS, Carolyn F. Broyles was first employed by the Roanoke County School System on October 1, 1972, and since June 30, 1997, has served as a Customer Service Representative at the County Garage; and WHEREAS, Carolyn F. Broyles was very instrumental in the implementation of several computerized fleet maintenance programs during her years of service with the Roanoke County Schools; and WHEREAS, Carolyn F. Broyles is highly respected by her co-workers in the Transportation Department for her personality, dedication and teamwork; and WHEREAS, Carolyn F. Broyles retired from Roanoke County on September 1, 1998, after over twenty five years of services; and WHEREAS, Carolyn F. Broyles, through her employment with Roanoke County, has been instrumental in improving the quality of life for its citizens. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County expresses its deepest appreciation and the appreciation of the citizens of Roanoke County to CAROLYN F. BROYLES for over twenty-five years of capable, loyal and 1 dedicated service to Roanoke County. FURTHER, the Board of Supervisors does express its best wishes for a happy, restful, and productive retirement. On motion of Supervisor Minnix to adopt the 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 William J. Rand, III, Director, General Services Joseph Sgroi, Director, Human Resources Resolutions of Appreciation File 2 r 1'T ~-l AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 22, 1998 RESOLUTION EXPRESSING THE APPRECIATION OF THE BOARD OF SUPEERVISORS OF ROANOKE COUNTY UPON THE RETIREMENT OF CAROLYN F. BROYLES, COUNTY GARAGE WHEREAS, Carolyn F. Broyles was first employed by the Roanoke County School System on October 1, 1972, and since June 30, 1997, has served as a Customer Service Representative at the County Garage; and WHEREAS, Carolyn F. Broyles was very instrumental in the implementation of several computerized fleet maintenance programs during her years of service with the Roanoke County Schools; and WHEREAS, Carolyn F. Broyles is highly respected by her co-workers in the Transportation Department for her personality, dedication and teamwork; and WHEREAS, Carolyn F. Broyles retired from Roanoke County on September 1, 1998, after over twenty five years of services; and WHEREAS, Carolyn F. Broyles, through her employment with Roanoke County, has been instrumental in improving the quality of life for its citizens. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County expresses its deepest appreciation and the appreciation of the citizens of Roanoke County to CAROLYN F. BROYLES for over twenty-five years of capable, loyal and 1 f ~r CI dedicated service to Roanoke County. FURTHER, the Board of Supervisors does express its best wishes for a happy, restful, and productive retirement. 2 •. , A-092298-2 ACTION # ITEM N-UMBER ~- AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 22, 1998 AGENDA ITEM: Request for Authorization to Purchase Portable Scales for Truck Weight Violations and Appropriation of Funds. COUNTY ADMINISTRATOR'S COMMENTS: BACKGROUND: The primary means for enforcing truck weight laws in the area is through the use of scales on Route I81 at Hollins. A significant number of vehicles take alternate routes to avoid these scales. Periodically, the State Police set up portable scales on Alternate 220 (Route 604) and Route 11 at Hollins. However, due to staffing limitations, they are unable to do this on a regular, frequent basis. The portable scales were in operation for two days during the week of August 24 from Tuesday at 7:00 am, until Thursday at 11:00 pm with the following results: Alternate 220 (Route 604) 74 violations Route 11 at Hollins 49 violations A spot sample of recent citations revealed that 3 violations resulted in fines of $2,000. SUMMARY OF INFORMATION: The use of alternate routes by overweight trucks involves three primary considerations; safety, damage to our roads, and loss of revenue that would otherwise be realized had the vehicle been stopped on I81. State law now permits local law enforcement agencies to conduct overweight enforcement activity and issue citations for violations. Further, fines resulting from citations written by a local agency are awarded to that agency. Section 12-8 of the Roanoke County Code I ~-1 incorporates by reference all ~,f the provisions and requirements of Title 46.2 of the State Code which includes regulation of motor vehicles and traffic. This section allows local ordinance enforcement of these State laws. Had Roanoke County officers written the 3 citations mentioned above, the $2,000, less a small administration fee, would have gone to the County. The process works as follows: Once the citation is written, a copy is sent to the Division of Motor Vehicles and DMV administers the process from that point. When the fine is collected, DMV deducts their processing fee and returns the balance to the locality. FISCAL IMPACT: The cost of the scales is $30,000. Training of 4 officers in the operation of the scales is $2,000. Funding would be provided from the current year Police Department budget. Revenue from enforcement activity would be diverted to the Police Department until such time as the $32,000 was reimbursed. All subsequent re;~~enue would accrue to the General Fund. The staff is confident that reimbursement from this source of revenue can take place within the current budget cycle. ALTERNATIVES: Authorize the Chief o.Police to expend $32,000 to purchase the scales and train the traffic unit officers in their use using funds from the current Police Department budget. Allow the department to be reimbursed from revenue derived from the weight enforcement activity. Once reimbursement is complete, all future revenue from this source would go into the General Fund. The advantage of this alternative is that we immediately begin to address the three considerations mentioned earlier. Delay the project until the next budget period and consider it then. STAFF RECOMMENDATION: Staff recommends Alternative 1. I I ~-1 Respectfully submitted, Approved, Gli a es R. La finder ~ Elmer C. Hodge fief of Police County Administrator --------------------------------------------------------------------------------------------------- ACTION VOTE No Yes Abs Approved (x) Motion by: Bob L. Johnson to approve Johnson _ x _ Denied () purchase and appropriation Harrison _ x _ Received () McNamara- x _ Referred () Minnix _ x _ To () Nickens _ x cc: File James R. Lavinder, Chief of Police Diane D. Hyatt, Director, Finance A-092298-3 ACTION NO. ITEM NUMBER ~~'~~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 22,1998 AGENDA ITEM: Designation of a Voting Representative at the Virginia Association of Counties (VACo) Annual Meeting COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The Virginia Association of Counties has scheduled their annual conference for November 8- 10,1998 They have requested that each county designate a representative of its Board of Supervisors to cast its votes at the Annual Business Meeting on Tuesday, November 10. The voting credentials form must be submitted to VACo by November 1, 1998 Supervisor Harry Nickens has indicated that he will be attending the VACo Conference, and as of this date is the only Board member who advised that he will attend. Other Board members may still plan to attend, and should let the Clerk's Office know so that reservations can be confirmed. STAFF RECOMMENDATION: It is recommended that the Board of Supervisors designate one of the supervisors who plan to attend the VACo conference to cast its votes at the Annual Business Meeting on Tuesday, November 10. Respectfully submitted by: Elmer C. Hodge County Administrator ------------------------------------------------------------------------------------------------------------------ ACTION VOTE No Yes Abs Approved (x) Motion by: Bob L. Johnson to desi„ nc~.ate Johnson _ x Denied ( ) Harry C. Nickens Harrison _ x Received ( ) McNamara- x Referred ( ) Minnix _ x To ( ) Nickens _ x _ cc: File Virginia Association of Counties VIRGINIA ASSOCIATION OF COUNTIES ~~~ ~r President charter W. curry CONNECTING COUNTY GOVERNMEN'T'S SINCE 1934 TO: Chairs, County Board of Supervisors Angnsta connry County Chief Administrative Officers President-Elect Wanda C. Wingo FROM: James D. Campbell. Executive Director Botetourt County First Vice President Ferris M. Belman, sr. RE: Vottng Credentials for the Annual Business Meeting Stafford County Second Vice President Jackson T. Ward DATE: September 4, 1998 Hanover County Secretary-Treasurer Raymond F. nls°P The 1998 Annual Business Meeting of the Virginia Association of Counties will King and Queen county be held on Tuesday, November 10, from 10:30 a.m. to Noon at The Homestead in Bath Immediate Past President COUn[y. John D.Jenkins Prince Watiam county Article VI of the VACo Constitution states that each county shall designate a Executive Director representative of its board of supervisors to cast its vote(s) at the Annual Business James D. campbett, cAE Meeting. However, if a member of the board of supervisors cannot be present for this General Counsel meeting, the Association's Constitution does allow a county to designate anon-elected c. Flippo Hicks official from your county or a member of a board of supervisors from another county to cast a proxy vote(s) for your county. For your county to be certified to vote at the Annual Business Meeting, your annual dues must be paid in full and either a completed Voting Credentials Form or a Proxy Statement (attached) must be submitted to VACo by November 1, 1998. Alternatively, this information may be submitted to the Credentials Committee at its meeting on Monday, November 9, at 4:30 p.m. in the Monroe Room or to the conference registration desk before this meeting. NOMINATING COMMITTEE The Nominating Committee will meet at 4:30 p.m. in the Wilson Room on Monday, November 9th during VACo's Annual Conference at the Homestead. The committee is charged to nominate a candidate for President-Elect. First Vice President, Second Vice President, grid Secretary-Treasurer to be elected at the Annual Eusi.^.ess Tool East Broad Street Meeting. Please send your expressions of interest and nominations to the Committee or Suite LL 20 to VACo's Executive Director. Richmond, Virginia REGIONAL DIRECTORS z3zl~-I~2s Pursuant to VACo's By-Laws, "regional directors shall be selected at the Annual Meeting by the member counties located within the region which the director will ~so4> ass-~~sz represent." Regional caucuses will be scheduled during the Annual Meeting to select FAX ~so41 yss-oos3 directors. Incumbent regional directors should chair the caucuses. Reports should be given to VACo's Executive Director by 6:00 p. m. on Monday, November 9th. The E-mail: vACo9sC?aol.com attached list shows the regional directors that must be selected. Web site: www.vaco.org JDC:bjp Attachments cc: VACo Board of Directors Nominations Committee VACo 1998 Annual Meeting Voting Credentials Form Voting Delegate: (Supervisor) Name Harrv C. Nickens L- _~ Title Vice-Chairman Roanoke County Board of Supervisors Locality.... Roanoke County Alternate Delegate: (Supervisor) Name Title Locality Certified by: ', (Clerk of the Board) _ ~~ Name Mary H Allen Title Clerk to the Board Locality RnanrakP rnunt~ --------------------------------------------------------------------------------- VACo 1998 Annual Meeting Proxy Statement _ County authorizes the following person to cast its vote at the 1998 Annual Meeting of the Virginia Association of Counties on November '10, 1998. a non-elected official of this county. -OR- a supervisor from This authorization is: Uninstructed. The proxy may use his/her discretion to cast votes on any issue to come before the annual meeting. County. County's Instructed. The proxy is limited in how he/she may cast County's votes. The issues on which he/she may cast those votes and how he/she should vote are: (List issues and instructions on the back of this form) Certified by: Name Title Locality .. ~ , + Regional Directors to be selected in 1998 We need a director from Term to Expire Incumbent Region 2 1998 Cofer Region 3 1998 Donau Region 4 1998 Humphris Region 6 1998 Smith Region 7 1998 Acors Region S 1998 Connolly Region 8 1998 Ferguson Region 8 1998 Seefeldt Region 9 1998 Jones Region 10 1998 Satterfield Region 11 1998 Chandler E-a y ~ . ACTION NO. A-092298-4 ITEM NO. ~~~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 22, 1998 AGENDA ITEM: Dismissal of Admissions Tax Litigation, Roanoke Lodge #284, Loyal Order of the Moose, and Authorization of Refund COUNTY ADMINISTRATOR'S COMMENTS: EXECUTIVE SUMMARY: This action seeks Board of Supervisors approval to dismiss litigation to collect approximately $12,000 in admissions taxes assessed by the Commissioner of the Revenue currently pending in the Circuit Court for the County of Roanoke against Roanoke Lodge #284, Loyal Order of the Moose. This action also seeks Board approval to refund admissions taxes paid by the Vinton Moose Lodge. BACKGROUND: The Board of Supervisors adopted Section 21-5 of the Roanoke County Code on April 9, 1991, which levied an admissions tax on the price of admissions for any public amusement, entertainment, performance, exhibition, sport or athletic event occurring in the County. The tax rate is 5~, with certain exceptions for charitable or school events. The Commissioner of the Revenue assessed an admissions tax against the Roanoke Lodge #284, based upon an admission fee charged against the patrons for dances and other social events sponsored by the Moose Lodge. The Moose Lodge denied liability for this tax and vigorously defended itself in this litigation. In February of 1997 with the Board's approval, William C. Maxwell, Esq. of Jolly, Place, Fralin & Prillaman was retained to assist the County and the Commissioner of the Revenue in this litigation to collect assessed but unpaid admissions taxes against Roanoke Lodge #284, Loyal Order of the Moose. Mr. Compton, key members of his office and the County Attorney have met on several occasions with Mr. Maxwell to review the facts and the law with respect to this litigation. 1 r ~ ~ _ SUMMARY OF INFORMATION: Mr. Maxwell has of the Moose Lodge, reported that based this assessment and recommends that the Moose Lodge. engaged in discovery of documents and records and has deposed several witnesses. He has zpon his review of the facts and the law, that case cannot be successfully prosecuted. He County dismiss this litigation against the The Commissioner of the Revenue and the County Attorney concur in this recommendation. ALTERNATIVES: Refund of admissions taxes paid by the Vinton Moose Lodge since 1991 total $7,460.19. STAFF RECOMMENDATION: It is recommended that the Board authorize the following actions: (1) dismissal of the litigation against the Roanoke Lodge #284, Loyal Order of Moose for the collection of admissions taxes; (2) authorize the Treasurer to refund all admissions taxes assessed by the Commissioner of the Revenue for dances paid to the County by the Vinton Moose Lodge since 1991. Respectfully submitted, R. Wayn Compton Commis ner of e Revenue ~«,~,~,~ 1 +~. . Paul M. Mahoney County Attorney ACTION VOTE No Yes Abs Approved (x) Motion by: Harry C. Nickens to approve Johnson _ x _ Denied ( ) staff recommendation Harrison _ x Received ( ) McNamara- x _ Referred ( ) Minnix _ x _ To ( ) Nickens _ x cc: File R. Wayne Compton, Commissioner of the Revenue Paul M. Mahoney, County Attorney Diane D. Hyatt, Director, Finance ACTION NO. ITEM N0. ~'"7 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 22, 1998 AGENDA ITEM: Requests for Public Hearing and First Reading for Rezoning Ordinances Consent Agenda COUNTY ADMINISTRATOR'S COMMENTS: ~~ BACKGROUND: The first reading on these ordinances is accomplished by adoption of these ordinances in the manner of consent agenda items. The adoption of these items does not imply approval of the substantive content of the requested zoning actions, rather approval satisfies the procedural requirements of the County Charter and schedules the required public hearing and second reading of these ordinances. The second reading and public hearing on these ordinances is scheduled for October 27, 1998. The titles of these ordinances are as follows: 1) An ordinance authorizing a Special Use Permit to construct a 100 ft. cellular monopole tower and support building, located on Catawba Valley Drive, 0.75 mile west of Oakey-Dolon Rd, Catawba Magisterial District, upon the petition of US Cellular. 2) An ordinance authorizing a Special Use Permit to operate a bed and breakfast from an existing home, located at 5209 Catawba Valley Drive, Catawba Magisterial District, upon the petition of David & Lucy Downs. 3) An ordinance authorizing a Special Use Permit to develop and operate a used automobile dealership, located in the 3100 block of Brambleton Avenue, Windsor Hills Magisterial District, upon the petition of Mark Hough. ~/_~/ 4) An ordinance on a proposal of the Roanoke County Planning Commission to amend and re-enact Sections 30-28, 30-29-7 and 30-87-2 of the Roanoke County Zoning Ordinance. The purpose of these amendments is to adopt new standards pertaining to the development of Broadcasting Towers within Roanoke County. MAPS ARE ATTACHED; MORE DETAILED INFORMATION IS AVAILABLE IN THE CLERK'S OFFICE. STAFF RECOMMENDATION: Staff recommends as follows: (1) That the Board approve and adopt the first reading of these rezoning ordinances for the purpose of scheduling the second reading and public hearing for October 27, 1998. (2) That this section of the agenda be, and hereby is, approved and concurred in as to each item separately set forth as Items 1 through 4, inclusive, and that the Clerk is authorized and directed where required by law to set forth upon any of said items the separate vote tabulation for any such item pursuant to this action. Respectfully submitted, ~rl~ Paul M. Mahoney County Attorney Action No Yes Abs Approved Denied Received Referred to Motion by Harrison Johnson McNamara Minnix Nickens t COUNTY OF ROANOKE DEPT. OF PLANNING AND ZONING 520'-: Sec ~~ard Or. - P.d. Box Z98Ca Rcar,oke, VA Z^018 t 5=: a' 772-ZOSB FAX t~4a t 772-~ ~. a8 i !:".'f'~?i`?`?"?''ii'~Eisisi`i'i??`ii~~~i'iiiisi`;isi~i~`?';i'i;pig(iii!`:'I'ii5ii`:I`.ii~~'i~ili~i?i~i~'~iii~i~''ii'~i'`i! i!I~'E`i:,;~ri:': Check t</pe oT appfirtion filed icheck aIf that apply}: ^ REZONING ©SFECIAL USE ^VARIANCE Applicant's name: United States Cellular Fhone: (003) Address: 58 Dodge Hi11 Road Zip Cede 45-4356 Bennington, NH ~~2 Owner's name: Mike MorPan ° Fhone: (540) Sot-0703 Address: 2732 Green Ridge Road Zia Code: Roanoke , VA 24 019 Location or property: Tax Map Numcer: 8.04-1-42 ~~riagisteriai District: Catawba Communit•~J Planning A; ea: Masons Cove Size or pares! tsl: Existing Zoning: AG-3 18.73 acres Existing Land Use: SI5,878 sq.ft. Vacant Proposed Zoning: Remaining AG-3 ~r-o~.5`~arr"use Criy '~ Proposed Land Use: Usa ~'rFe: 100' Monopole Tower i 100` x 100' Lease Lot & 12` wide access road. i Gces the parcel meet the minimum lot aces, width, and frcntace requirements OT tl ie regUeSted dlstriC'? YcS X NO IF Nd, A VARIA~~lCE IS REQUIRED FIRST. Gces the pares! meet the minimum crltena `or t;-~e requested Use Type' Y_S X NO IF N0, A VAnIANCE 1S REQUIRED FIRST. If rezoning request, are conditions being prer~ar,=d with this request? YFS Nd ::~:: ~' Variance or Sectianisl o. t~,e Reancke CounrJ Zoning Crdinanc~ in crer ,a: IS the apgiication complete? Please checit ii enc:csad. AFFLICT=. ~ iGN MILL NOT EE ACCc=TEG !F r-~ ~'' GF Tr~ESc ITEViS ARE MISSING OR INCOMFLETi E. vs v ws v rRr-s ~r-v ~ ~ I Consultation 1 8 1/Z" x i i" concept pion I, t t~=.poiication gee I Application eM`.'~%< Metes and bounds descriatien €'~~~<, Frorers, ii• applicaofe ~~~ I .lustiTication T<w Water anC sz'Ner dGOIIC3tfOn X I I Adjoining grope^/ c'.~rer~ L~e~ t'e~utfed) l hereby cerrry that l am either the owner or rrre property or the r s agerr r contract pure.^as2r anc am acting with the krrow/edge and consent or the owner. p Gwne.'s Si nature: ~ C9`~'• 1- roc Siam USc' o17/y ~~ fi ~~ ENGINEERING CONCEPTS WC. July 24, 1998 Planning Commission of Roanoke County, Virginia Attention: Mr. Terry Harrington Roanoke County Zoning Administrator 5204 Bernard Drive, SW Roanoke, Virginia 24018 Re: Special Use Permit Application United States Cellular 100-fioot Monopole Cellular Tower Masons Cave -Catawba District Tax Number 8.04-1-42 Dear Mr. Harrington: Please accept this petition for a Special Use Permit allowing for the construction of a 100-foot cellular monopole tower and support building on the above referenced property. On behalf of United States Cellular we request that you place this application on the agenda for consideration at the September Planning Commission meeting. Engineering Concepts at the direction of U.S. Cellular has undertaken and enclosed all the necessary application data fior your distribution and review. Also enclosed you will find a copy of the Concept Plan and visual aides that simulate the study area and visual impacts. U.S. Cellular notified the Appalachian Trail for their review of the subject site. Enclosed you will find a copies of the Appalachian Trail comment letter and FAA-2C Certification as required by the FAA. This site is below the required formal FAA review heights and distances as it relates to the Roanoke Regional Airport. Hopefully we have provided you with all the necessary data to facilitate Commission approval and Staff review. Should you have any questions or require any additional information, please call us directly. We look forward to the public hearing in September. Sincerely, Engineering Concepts, Inc. C~~~` ~- Jack D. Ellinwood Sr. Project Manager Cc: Doug Wilk - U.S. Cellular Joe Gonzales - Tristar Communications Tim Nash, LS - ECl Hal Bailey, PE -President - EGI P.O, Box 619 ^ 20 S. ROANOKE ST. 1 FINCASTC.E, VIRGINIA 24090 ^ 54Q.473.1253 ^ FAx 473.1 254 _ ~~t _ Foy Staff Usa Only: Case Number Applicant United States Cellular The Planning Commission will study rezoning ar,d special use permit requests to determine the r,e~d and justification for the change in terms of public health, safety, and general welfare. Please answer the fcl[c~.;ir,g questions as thoroughly as passible. Use additional space if necessary.. Please explain how the request furhers the purposes of the Zoning Ordinance (Section 30-3) as wet( as the purpose found at the beginning of the applicable zoning district~ciassificatien in the zoning ordinance. The establishment of a cellular monopole facility at this location will further the purpose of the Zoning Ordinance by improving service coverage for Roanoke County cellular customers. The improvement in coverage will enhance the existing area service providing County businesses and citizens with quality, long term signal reception.. The small lease area required for the. facility will minimize impacts on existing vegetation in return preserving view-sheds from the Appalachian Trail and surrounding properties. The completed facility will not affect approach slopes to regional airport facilities. The proposed 100' monopole is only 30 feet higher than surrounding trees. The proposed tower site is below the F~..A pernit review height of 200 feet .and exceeds the approach slope minimums base on its horizontal position in relation to the Roanoke Regional Airport. (Refer to enclosed F.~1-2C certification.) Please explain how the project conforms to the genes! guidelines and policies contained in the Rcaneke Cccnr~ Comprehensive Plan. The land use designation for the subject property as identified within the Comprehensive plan is Rural Prose rJe. The imp ac*_ of the proposed cellular tower site on the existing terrain and vegetation will be minimal. The operation of the facility will require only periodic maintenance after construction and throughout the life of the facility. Disturbed areas will be less than typically required for residential dwellings. This use preserves much of the existing vegetation on the property. P(eas2 describe the impact(s) of the request cn the preperf itself, the adjoining pr0per'ies, and the surrcurc:ng area, as well as the impacts on public sarrices and facilities, including water/saver, roads, schools, ~ parks/recreation, and fire/rescue. This proposed tower facility will preserve the major=ty of existing vegetation on the property. Given the location of the monopole and it's proposed brown color visual impacts from surrounding properties and the Appalachian Trail will be minimal:. There will be no impact on schools, roads, water, sewer, parks or fire and rescue. This facility will generate traffic of a periodic nature to accomp fish routine maintenance and general site upkeep. ENGINEERiN CO~tCSP";~S-tNC. F- I SURVEYOR'S CERTIFICATION FOR FAA 2-C TOWER CENTER POSITION July I3, 199$ Site ID =Mason Cove Site Off Of Oakey-Dolin Road Route 655 Located near Salem, Roanoke County, Virginia I certify that the North Latitude of 37°22'55.778" and West Longitude of 080°04'29.529" are accurate to within +/- 0.3` horizontally, and that the tower site elevation of 1559.3' Above Mean Sea Level (A1~ISL) is accurate to within +/- 0.5' vemcally as determined by static differential GPS measurements from published horizontal and vertical control monument(s). With a planned structure height of 100' Above Ground Level (AGL), the overall height would be 1659.3' ANISL. The horizontal datum (coordinates) are in terms of the North American Datum 1983 (NAD83) and are expressed in degrees, minutes, and seconds to at least the nearest hundredth of a second. The vertical datum (height) are in terms of the National Vertical Datum of 1988 (NAVD88) and are determined to the nearest OS' or better. Signature Timothy S. Nash, Com onwealth of Virginia L.S. License No. 1881 P.O. BOx 619 ^ 20 S. ROANOKE ST. FINCASILE. VIRGINIA 24090 Sa0.473. 1253 ^ FAx 473, t 254 ~~y~~'~T`U C~,~,~ r~~,~ Q 2 p U nMOr~;~r s. ~vas~ too. C01381 ~'~s,.D SLR ~'~~'~,. 4656 '"uRAMBL°_-0N .:VE~lUE 5.~/V. ROANOKE. ViRG1NIA 2ao 1 8 5~t0.776.5715 ^ FAx 776.8543 ' ASAC t`~FQR.~i.~TIO'~ SHEEP 9t:4Q3 14-i~OFtMAT10N REG~sRD{PiG SLFtVE`f DATA SllB~11TTr=D Ta T'r?E r=a}3 r .~ order SZ~d.lac requires grccenetrts of c~-tsin grcces~ c~ss-~c~cr (Iccat ~ 6~:es,'~ ins-u-urzert grxrurz) to prov~Ge ~':e F.~.:~ witi;t a ~-;ra surrey cr a letter, from a Iic~sed lard suraeycr, whicz ce:~ties the sate c~arc+inates and surace elevu~c,-, i.~ 'he sae. On 4ecixr I~, I9n2, the F~~ started using ~+cruh erne-care Dat~.un of 183 (tii~1D 83). ?.ll site c:~rcinates s. ~niitted to the F.~..~ shoulc be based cu N.~D 31. The F.~.~ requires that the surJey or Ier~r of c; retain an accuracy r,,.atemeit which me~.s ac;,sracy tQierances required by the F~.~. Tie rhos cfren requested talerauc.~s is _ er - 10' u: .~~ izcnsal and ' or -'0' is vertical (~-C). W n~ the site ccaresrcates aaeler site elev~cri can be crrrined to a greater ac~.:rc~~ z requested by the F.~..~, p tease do so. in orderta avoid F:~.~ grecessing deays, the c.-rued site surfey er crrsr"l~iri~ !e~*~~* s~tould 6e aaaczed to the i4o0-I v~e^ ;t s u. i at he F:~.~'s R~ coal crFca. It mu_~ be sis~zed by ~e s~crveycc arcs cctztain a raised seal {if available}. i'ne F ~.~ acesracy cedes and a sarr~Ie ac:.:~racr sateTre.^t are lis`ed be!ew. A~ Dt~.1RACY CDOES: HO~ZOlti ~ :~I. CODE TOLE~.a~+CE I I:' ? ~d' ~ _ idd' ~ _ ?p° s add' ~ I,OQO' 7 '/-. ti ~f s I V~ 9 unlc~owrt ~ ~~TTCAL CODE TaI.ER.~yCE .~ 3' B Id' C ~d' D ~ d' E I?5 F _ 2~d' C = cud' I l .OQO' [ = uniatcwn 38 7- /3- 98 ?e: (CG site wame art; or site ID, L.'~te (irsinearl /~i4Srir/ ~oi/E City Varce 5~4=E~'1 _Sts-te (/f1 I ~-tlTy ~hac ihe'at:-s':de C? ~' 22 `5~, ,$ and he ;c^sst*tuce cf 080 ~ '.24.53''arr ac: ~ c w•i~tia = 0.3 ~: ri~..-sml1~~: and tha r*:e :ewer :-te aie~racaa of 15 3~>_~15i. ~s acc:.cr<.te ca ~,urrhin = ~ acct ve^calIv. W:~ a aiar~ -;-,.ire ;tei~t of 100 ` :~GL the oveail ite:~^.•t weuid ::e!(o5q.~' .~:~tSi... i :~e ucr.~..-~i ~tzur. (cxr ' ~ c=:-s =. ,~e Vertu acne..^:csn Datum oT i98~ (V~D 3~) and are °:~resszr s ~e~z*z~. cnuzutes .~:c Sew^ncs. to ~jb,.. :. r ' a x~d. i aze ve:uc3l ba.L:~rrt ~;ue:~st1 are is te::tts Qr :ice ~+zczai Ve ~~~..~~ Daz't:rt or' i ~= = ~:.c er to ~e z f ` ~J Prcress:cnai ur~eycr '+c. ~~ 8 f ~ ~ ~io.0183' ; f- probably present less visual impacts than a similar facility at the location which you are now proposing, and perhaps a much smaller facility would be needed at the Parking Lot due to the different position and elevation. The National Park Service now has procedures in place to deal with wireless applications, so you may want to avail yourself of this opportunity, and of course we would be glad to put in a good word for you if the facility seems appropriate to us, Using the Global Positioning System (GPS) as well as maps, we determined that the site you are now proposing would be a few feet South of Route 31 1, which itself is right next to the Appalachian Trail Corridor (this land is federal property administered by the National Park Service's Appalachian Trail Project Office in Harpers Ferry, TEL 304-535-6278}. The property owner at the proposed site would appear to be a ltilr. E.R Nichols, judging from the mailboxes. Although the distance from the proposed site to the footpath would be about 700 feet, we do have serious concerns about the proposed site. The Appalachian Trail near McAfee Knob is one of the highest use pieces of trat} in Virginia. Our conservative assessment is that the proposed U.S. Cellular facility, if it proU odes significantly above the tree canopy, will be visible from a section of the Appalachian Trail that extends from a quarter to half a mile. This visibility is attributable to several factors; (I) the thin forestation in the area, (2) the fact that the Trail in this area crosses several open rock slabs, (3) the opening in the forest canopy created by Route 311, and {4) the steep inclination of the Trail and the terrain (the proposed site would be at about 1680 feet elevation and the nearest point on the Trail is at about 2000 feet elevation}. Please do not hesitate to call to discuss this matter further (TEL 304-535-6331). Also, I hope you'll feel free to call our Regional Office in Newport, Virginia (TEL 540-544-7388}, In the mean time, I will look forward to seeing you again in Harpers Ferry, Sincerely, Andrew Hyman SO'd 698£-88S-SQ9 -zpLnLLaQ Sa'a-~'a-S Pa"~~ur1 bLI=80 86-80-LAC ~i I ENGINEERING CONCEPTS, iNC Computer Simulation of Proposed US Cellular 100' Monopole mew From Bradshaw Rd. to the west ~~ ~ \ ~.. :. nu me mm xor ua mr.. raw m.o rom m.c z r..w mw ns ~.oce. uw - : ~ : mm emrt. rwu. un aac .::a uexw+ tauam aa~m~ CONCEPT PLAN OF '~"S° D:NGiNEERING CONC'EB''PSa INC. o~ "'° am nu ~~eouvocesr.wsaxew Je MASON COVE CELLULAR SITE naw¢r: aeoae n+c~sne,vuou~wuow °n°'0 ,o< U.S. CELLULAR SWA77.1?J~ M749J0.473.7?31 bAw•n ROANOKE COUNTY, VIRGINIA 1 ar 1 Proposed US Cellalar 100' Monopole Tower views Map ~~~ ROAD CLASSIFICATION Ggnt~duly .~,-r. UplmR~o+ed dIA ..._____. oufe ~ U. S. Route ~ Slate Route I MILE ~ 4 .., ROANOKE COUNTY UNITED STATES CELLULAR DEPARTMENT OF COMMUNITY DEVELOPMENT SPECIAL USE PER11fIT For staff use only / ,~ COUNTY O F ROAN 0 KE date received:' received by: DEPT. OF PLANNING AND ZONING ~'E ~`~'~' =-'~'~" ~=~~-' applig tion fee: PC/8ZA date: 5204 Bernard Dr,~." ~1,; r' /,,,iµ, ~ i P.O. Box 29800 plat rds issued: 80S date: Roanoke, VA 24018 ~ ='' ~-` ( 540' 772-2058 FAX (540 1 772-21 O8 Case Number:~~],,.r1~~9~ Check type of application filed (check all that apply): ~ c.~ i ~~(~=' ('~ ^ REZONING ^ SPECIAL USE ^VARIANCE ~'J, ~~°~ ~~,({~~5 - b "_„~%~,~_ •zir ~1C.~~ r,, w~<- _~ ~~ t~~i-t ~ Phone: ~~o ~ ~~`' ~ ~~-'~ Applicant's name: L,sz ~~ i ~ ~ t.~ `~~~='~ ~ r ~`" ~'i~ ~"~ <_~t 1-l, Y`. Cy .(,;~ Zip Code: ,~'; {~c. ,.,\ Address: ~~ _ , j - _ (~ v-~ ~~, ~ ;,~; Owner's name: Y ~ 't ~`~~ ~`'~-' c~ `" ~~ ~>~ v~~_~" ~~ Phone: `; '' Zip Code: Address: ? Locfa~tion of property. Tax Map Number-. ~~ ,,~,,~ - "~ - C. (, ' ~- a - ' Magisterial District: ~y;,i (, .}y I ~ , I ~. ~~',~. `` ~~ Community Planning Area: ~-° - ~. ~, ~,~ Size of parcel (s): Existing Zoning r~~ - , ~ - ,~ ~~-`'>`J acres Existing Land Use. - ~~,~ ~ <<~ - =r`/ ~ + - " ` sq.ft. Proposed Zoning: >~.~~ ~ ~>~,,t-' Foy scarf use oily ~~ Proposed Land Use: "~ ~ , _ ~ ;~ ~ ~t,; _ ; F _,- .~~~; ~ } Use Type: Does the parcel meet the minimum lot area, width, and frontage requirements of the requested district? YES ~- NO IF NO, A VARIANCE IS REQUIRED FIRST. Does the parcel meet the minimum criteria for the requested Use Type? YES ~~~ NO IF N0, A VARIANCE IS REQUIRED FIRST. If rezoning request, are conditions being proffered with this request? YES NO Variance of Sections} of the Roanoke County Zoning Ordinance in order to: i is the application complete? Please check if enclosed. APPLICATION W1LL NOT BE ACCEPTED IF ANY OF THESE ITEMS ARE MISSING OR INCOMPLETE. R15 V R!9 V R/S V - Consultation 8 1 /2" x 1 1 " concept plan '- Application fee '~ ~ Application '`'`%~ Metes and bounds description ~-<•<%< Proffers, if applicable =' Justification i'• s Water and sewer application Adjoining property owners l hereby certify that / am either the owner of the property or the owner's agent or contract purchaser and am acting with the knowledge and consent o`f the owner. Owner's Signature: ~t,i.t~ ~ ~1J0--ti ~~-,tia Proposal Summary for 5209 Catawba Valley Dric (converting residence to "Bed & Breakfast") by Dave and Lucy Downs ~~~ ~ ~Z~Z32~,~~? ~~~ ~ a ~~~ ~' ~ '~O ~ Dspa ~ o ~om'~ntof ~r~`~2 ~~ve/oAm~~ ~ / l~~al 6 8 L 9g~~ We are requesting a Special Use Permit with the intent of operating a Bed and Breakfast out of our home. We plan on moving to the residence within the next 12 months. The residence is situated slightly left of center, 190 feet from the road. The size of the lot is 4.3 acres. The concrete and cedar structure has 2 floors, 3 bedrooms and 2~ baths. A large deck offers a view of Catawba Mountain. Another feature of the home is a 16' by 32' in-ground pool. The front yard is a large grassy area. The gravel drive is on the left of the yard and ends in front of the 2 car, attached garage and 30' by 30' area for additional parking. Our intent is to offer 3 guest rooms and a deluxe continental breakfast (juice, fruit, cereal, fresh baked goods, hot beverage). To make the residence more amenable to a B&B we anticipate making several modifications including installing a dishwasher, adding a shower stall to the half bath, a larger window and door to the lower level entrance, landscaping the front yard, and improving the driveway and parking area. We will erect a small identifying sign on the front of the property. As finances permit we also hope to develop the main entry and add another guest living area. We hope that our establishment will be seen as a benefit to the community. The landscaping will enhance the appeal of the property, and we hope to draw guests who value the out-of-doors and will patronize the community businesses (i.e. general stores and restaurant). Our intent is to complement the 2 existing B&B's in the area and cooperate with them in every way. ,~ Cam. ~ ., ~~ .~ ;, ~ ~~ ~. , ... _~ r- ,~ `'~ a ') ~, ' ~ ,. iG.~ ~ 1 ~ ~ ~ ~ ~ `' ~ '~ ~: ~ ~q ~ ~ ~ Cn ~ ~ ~.- ~ ~~ t~ ~ -~ ,. ~ t . ~~ ~ f ~ ~~ 3: ~~ ~ '~ ~ ~ ,~ i ~ 1 . ~. ~ ~= ~' ~ -~ .~ ._~ c~~~ ,. ~ -' u ~ ` / , ~~~~ I I ~~ j '/- ~uo ~ ~ ) ~~e~ I I ~ s~-ory ~ ~~rk~~~ ~ -~ j , a re a~..`.- ~ i , a~~j ~ X 3~' ~ i j .- w t .. I i / ~ ~ /~ ii '' ~ ~ i ( i ~~ ~ Q' i~ ~~ I ~I ~ ' I ~ I I i ~a <- ` , RDANOKE COUNTY David and Lucy Downs DEPARTMENT OF Special Use Permit COMMUNITY DEVELOPMENT 7, 00_2_4.17 COUNTY OF ROAr~~OKE DEPT. OF PLANNING AND ZONING ;20~ Bernard fir. P.O. Box 29800 Roanoke, VA 2018 ( j=: 0' 772-2058 ~ ^,n 1~~' ~ l /%2-2 1 0~ For staff use only ~"' J date etc-' '1 ~ r~ ., 5~. ap lic Lion' rC;~~.~~a;er~~~ 1 ` ~~ ~~~`?1 5 fir"' (~C~=.2~, 1~C~ (Case Numoe~• ~~~,,, ~Pj~/7!~ I:' y I _a ~.,nec :type or application piled (check all that apply): ' REZONING ~ SFECI;,L USE ^VARIANCE '~ Applicant's name: Mark Hough Fhone: 989-2320 Address: c/o Budd, Amen & Company Zip Ccde: 24009 fferson Street Roanoke VA Gwner's na.:~e: A.T. Williams Company, Inc. Fi~CnE: address: P.O. Box 7287 Zip Code: 27109-7287 1 m NC Loca-;cn c-" prcpe~ ~Y~ Tax Map Number: 77 10-2-5 ' Perpendicular to the intersection of , Harris Street and Brambleton Avenue ~:~~agisteral District-. Cave Spring Magisterial Community Planning area: Cave S rin Size c. parcEl {s); Existing Zoning: C-2 I _75~ acres Existing Land Use: Vacant i ~ 32.800 sq.*t. i .t ;'~1~ ;-~` .i:<~`~-` .`... { f :rte- .,'J' ~~:as1`7~ ~i~~ ~ `~'..•~' . ~;. lt~t .. `;1 Proposed Zoning: i. " FroccsEd Land Use: Used Automobile Dealership l ;,=or S;a:=; ','se ,,,-;;~ 3 use ; ~ ~~~ r~°: ICI Does t;,E Nance! meet the minimum lot area, width, and Frontage requirements o. the re~uest~d dist-:ct? YES NO IF N0, A `/,AnI~.~~CE (S REQUIRED riRST. Does the parcel ~,~eet the minimum criteria rcr rile rEgUEStEd Use Type? YES X NC IF i~JC, A VARIANCE IS REQUIRED FIRST. IT rezoning request, are concitions being prcr~e:.d with ,his request? YES ~;0 ~ Xy~ ,~ i . . I i~Var,ar,ce c; SECtion(s) or" the Roanoke Coun,y _ onir,c Crcinsnc_ in to: .,rde• Is the aopiication compietE? Fleas=_ chECk i-" encicsed. A,FFLICATIGN `rV ~ ^E C- --~ _ ^ C,c L_ f~i'Q I C hC . ~v ~, r.NY THESE IT~.iS .^-,=E ;~,iISSiNG OR iN'CO!v1FL~ II ~. R;s V ~,s V ws v X ~ Corsuftaticn ~- 8 1 /2" x 1 i " cone= t ^I I I ^ ~ ~ •-~ X p ~ an ~X~~-~, n„plicaticn t~_ Acpiicatlon X~>--$ Metes and Bounds description ~ ~€:;;>-~ Protrers, it a~ iicaoiE V •~~.~ ~f'/d~E. ciid S.. ~Ef a~.DIICai1Gn I- X( I P,C)CIr~InCy prCpert'~ oVVnErs l honed y cerify tr.at l am either the owner of G7e property r the owner's agent or contract purc,~aser and am acting with the knowiedged con~ent of thi caner. Owner's Signature: ! ~ IC~,..~'~,c ~ __,. _ t _ ' 1^~' '"" For Staff Use On/y 3 The Planning Commission will study rezoning and special use permit requests to determine the need and justification for the change in terms of public health, safety, and general welfare. Pease answer the `allowing questlor,s as thoroug'r~iy as pcssible. Use additional Space if necessary. Flease explain how t..e request furhers the purposes of the Zoning Ordinance {Section 30-3) as well as the purpose found at the beginning cf the applicable zoning district classification in the zoning ordinance. The purpose of the ordinances set forth in the Roanoke County Zoning Ordinance is to promote the health, safety and welfare of the public. We feel that the development of this site as a high end used automobile dealership will in no way adversely affect this objective. It will be keeping with the same kinds of commercial activity that currently operates in that area. There will be no significant increase in traffic, and we will follow all County regulations with regards to stormwater management. There are no natural water courses, historic buildings or landmarks on the site. The development will however, create employment opportunities and broaden the County's tax base. Flease explain how the project conforms to the general guidelines and policies contained in the Roanoke Count•~ Comprehensive Pian. The development lies within a transition district of the urban area land use plan. In this district, limited growth, consisting of single building office and retail, is encouraged. This development will be for the sale of high end automobiles with approximately 20 vehicles on display at any one time. We feel this development will work well as a buffer/transition between the higher intensity of the core district and the nearby neighborhood conservation district. Please describe the impact(s) of the request on the propery itself, the adjoining properties, and the surrounding area, as well as the impacts on public services and facilities, including water/sewer, roads, schools, parks/recreation, and fire/rescue. This development should have no adverse impacts on the adjoining properties or surrounding area. Public utilities will not be over burdened, and any increase in stormwater will be controlled through practices set forth by Roanoke County. There is one access proposed on Route 221 that will be located directly across the intersection of Hams Street. There are no sight distance concerns and a "right turn/left turn" lane in the center of Route 221. Applicant M~~k I~oUG~ ~, ~ !. ~ s~aodwi 3nilno~ f f f ~ . ~~ ! ~~ ! ~~ ! N'~d 1d30N00 / T • ~ U ~ 1~ a a g~ ~ ~~ ~'~x n .p ~ ~~ ~I ~~ ~~ a~g~~ ~~p p ~ ~ ~ N~ ~~ ~ '~! ~~~~a~ ~~ ~~~ ~ ~ ~ ~ ~ ~ ~ ~ ~~~~ ~~ ~ ~~~~~~1 J Q 0 m ~s~ 'as I I 3 ~ i h, I'- 1-y~~"S S!Z/~trH ,~- i I G~~ ~o~ '~ e i Y ~I ~~.~~~ E TJEVE~OPN~E~VT AT'PLICATION `°~~~``~ --~ APPLIC_~tirT INFORtiIATION ~Z~=-~ } DATE: August 21, 1998 APPLICANT: Mark Hough ADDRESS: PHONE O Wlv'ER: Pxor~E: 989-2320 FAx: A T Williams Co., Inc. Fax: Winston Salem, NC 27109-7287 ENGINEER Balzer & Associates, Inc. a-DDRF.SS: 1208 Corporate Circle PHONE: 772-9580 F.~: 772-8050 Roanoke, VA 24018 SITE L~!~OR~YLATION PROPERTY ADDRESS: No Physical Address DEVELOP~>.~N-I' NA~~L: Executive Imports PROPOSED liSE: Used Car Dealership Dr.VELOPED AREA; 0.4 Ac . +/- GRADED ARF..~.: same TAX i4SAP ~: 77 10-2-5 itiL~GISTE.~L DISTRICT: Cave Spring ZONING: C-2 TOTAL L~TiS: 1 TOT.'~L LOTS:. -- ~~ ST~DS~RVi E• WATER FACILIT~S: COUNTY - SEWER FACILITIES: OUNTY IS BUILDING TO BE SPRLti'IiLERED? CITY - TG~'v~i OF VL`iTON - PIZiVATE - W?LLj CITY - TOti-r~{ OF VLtiTON - SEPTIC SYSTEI•I) No FLOtiv R~QL~ED: BUIi~DL~-G L~'ORitiL~.TION (NEW CONSTRUCTION A~t-D RENOVATIOti~ BUII.DING AAA: ~~ ~i i Basic ^ Comorehe:ave ' ~ Subcivisier. ^ Preiimirz ile No. (Slat: use C~~r:la) ~C O 505 S. Jefferson Street Roanoke, VA 24009 ADDRESS: P.O. Box 7287 OCCU-?ANCY LOa.D: CONSTRliCTION TYPE: BGCA liSE GROUP: Tire applicant :cquescs rev?Cw and aooroval of a development pia.^. rcquir-c oy Zoning Ordi.^.ance. The p(2^,S Co ::o~^_ '•v: applicable sections of the Zoning Ordinancc. It is undersoed :hat submission of inaccurate o: incomplete ir.orr.,.atior. -.a;: delay ftra! aoprovai o; the comerehensive deve!ooment plans. i do hercbv cerii:y that I fully undeatand the provisions oft:^.c E:oso.^, and Sediment Control Ordinance and pro~am, and the abo~•e-re::: c::ccc p,rojec; ar approved. I furher grant the tight-ot'-entry to this project as described above, to ;.he dhesienated peaonnei for he ourose of irspec::ng and monitoring for compliance with the aforesaid Ordinance. ~~ ~~ ~, ;l~..L ~ A SIGMA i uRF-OF AP: NOTE: Al[ BOLD sections of this application must be tilled out ~ d tax map attached prior to issuance of water and se•.ver availability. ~,3 oo I' ~ ~~ ~ se c(t ma 165- ~ 1 ~ / ,~ ~ ~.M ~\ / - X ~ ~ ~ ~ "' ~ ~. ~, / ~ r ~~ ~ ~ BS d=4.7 ~ _~7-75A ~ .~ . , ~ , ~, ,65 ~g -y ~ .~.~- J ~ ~~ 0 %. A ~,~ .~ ~ ~ ,~~ ~~~~ , ~ ~ ,~-~~ q '~~1~~'t-~` /, 2, ~ ~~ .c ~~~ ~ ~ ~~ ~ . ~~ ~~ ~- III ni . , o' °~~- ~, ~i~f A ~ ~~ ~/ ., ~ ~~ ~~ , ~ . ~, ;~ i ~.'. ,~, ~ ~1 ~ l0 P~ D' / ~. EXECUTIVE IMPORTS LOCATION ~p / Planimetric Map No.LL-7 Scale:l"=10U' Job No. F:98151 ~~ ~~ I ~ ROANO~fE COUNTY DEPARTMENT OF COMMUNLTY DE VEL DPMENT Mark Hough. Special Use Permit 77.1 D-2-5 OR fiH 3 kY DRAFT September 8, 1998 Proposed Zoning Standards For Broadcasting Towers: Amend Section 30-28 Definitions as follows: Antenna Any exterior apparatus designed for telephonic, radio, or television communications through the sending and/or receiving of electromagnetic waves. Antenna types include, but are not limited to; omni-directional "whip" antenna, directional panel antenna, parabolic antenna and other ancillary antenna designs. An antenna does not include the broadcasting tower or other support structure to which it is attached. Amend Section 30-29 Use Types as follows: Broadcasting Tower Any structure that is designed and constructed primarily for the purpose of supporting one or more antennas. The term includes but need not be limited to radio and television transmission towers, microwave towers, common-carver towers, and cellular telephone and wireless communication towers. Broadcasting tower types include, but are not limited to monopoles, lattice towers, wooden poles, and guyed towers. Excluded from this definition are amateur radio towers, which are described separately. Amend Section 30-87-2 Broadcasting Towers as follows: A. Intent. The intent of these provisions is to regulate the placement of new and replacement broadcasting towers within Roanoke County. These provisions provide broadcasting tower applicants, property owners, and all other Roanoke County citizens clear guidance on the official policies and standards of the County. These policies and standards shall be used by applicants as a guide when selecting alternative broadcasting tower sites and broadcasting tower designs within the County. In addition, the County staff, Planning Commission and Board of Supervisors shall use these policies and standards, and the general Special Use Permit criteria found in Section 30-19 as a guide for evaluating any future requests for broadcasting towers. In the interest of preserving and enhancing the scenic and natural beauty of Roanoke County it is the goal of the County to achieve a long term reduction in the number of 2 ry broadcasting towers within the County, and where possible, to achieve a reduction in the height of existing broadcasting towers throughout the County, with special emphasis on towers located along or near the ridgetops of major mountains and land forms. In addition, it is the goal of the County, where possible, to achieve the relocation of existing broadcasting towers and associated utility and access corridors which have a high visual impact on scenic resources_ To this end, the County will work cooperatively with broadcasting tower owners and applicants and land owners to achieve these goals. It is the official policy of the County to encourage and promote the co-location of antennas on existing public and private structures within the County. To achieve this end, the County encourages all wireless communication providers to locate new antennas on existing structures . Permits for new broadcasting towers should only be requested when no other reasonable alternative exists for locating needed antennas. When new broadcasting towers are proposed as a last alternative, the requested broadcasting tower location, height and design should be chosen to protect and enhance the scenic and natural beauty of Roanoke County. Broadcasting tower locations at elevations lower than surrounding ridge lines are preferred. The use of stealth designs should be considered for any new broadcasting tower. It is the intent of the County to fully comply with all of the applicable provisions of the Federal 1996 Telecommunications Act, and other applicable federal and state laws as said laws address and preserve Roanoke County's zoning authority and provide to the communication industry the right and responsibility to provide communication services within their service areas. B. Applicability: 1. These standards shall apply to all new and replacement broadcasting towers within Roanoke County with the exception that new broadcasting towers not exceeding thirty (30) feet in height and located within any commercial or industrial zoning district shall be permitted by right provided all other use and design standards for the construction of the broadcasting tower and associated facilities are met. 2. No modification to increase the height, size, type or location of any existing broadcasting tower or associated facilities, excluding antennas, shall be made unless such modification results in the full compliance of the broadcasting tower and facilities with all of the requirements of this ordinance. 3. Antennas may be installed on any existing structure within the County, without the necessity of obtaining a special use permit, provided said antenna does not meet the definition of a broadcasting tower, does not increase the height of the existing structure more than ten (10) F-Y feet, and does not result in the structure and antenna exceeding the maximum structure height for that zoning district. 4. These provisions shall not apply to any temporary broadcasting tower erected for the purpose of system design or testing provided the temporary broadcasting tower is erected for a period not to exceed twenty-one days. In addition, in declared emergency situations, the County Administrator shall be authorized to allow the temporary installation of a broadcasting tower for the duration of the emergency. (add special event provisions) C. Application Requirements: 1. All potential applicants for broadcasting towers shall consult with County planning staff at least 30 days prior to submitting an application for a proposed broadcasting tower. During this consultation the applicant shall present information to the staffon system objectives, proposed coverage areas, and alternative sites considered and rejected. The staff shall provide the potential applicant information on Roanoke County policies and standards for broadcasting towers, and shall discuss with the applicant possible alternatives to broadcasting tower construction. 2. In addition to the application requirements contained in Section 30-19-2 of this ordinance, all applicants for broadcasting towers shall provide the following at the time of application: a. The location of all other proposed broadcasting tower sites considered and rejected, and the specific technical, legal or other reasons for the rejection. b. The location of all other possible co-location sites considered and rejected, and the specific technical, legal or other reasons for the rejection. c. Accurate, to scale, photographic simulations showing the relationship of the proposed broadcasting tower and associated antenna to the surroundings. The number of simulations and the perspectives from which they are prepared, shall be discussed with the staff at the consultation required in Section C.1. above. d. A computerized terrain analysis showing the visibility of the proposed broadcasting tower and antenna , within a two mile radius at the requested height and location. e. Information on how the proposed site relates to the applicants existing communication system, including number of other sites within the Roanoke Valley, and the location of the antenna at each site 4 F4 f. All broadcasting tower applicants shall be required, at their expense to conduct an on-site "balloon" or comparable test prior to the Planning Commission and Board of Supervisors hearings on the Special Use Permit. The purpose of this test shall be to demonstrate the potential visual impact of the proposed tower. The dates and periods of these tests shall be discussed with the applicant at the pre-application consultation. 3. The applicant shall be responsible for all fees associated with the filing of the application including the cost of any independent analysis deemed necessary by the County to verify the need for the new broadcasting tower. The Board of Supervisors shall establish these fees, which shall be discussed with the applicant at the pre-application conference. D. General Standards: 1. The maximum height of any proposed broadcasting tower and associated antenna shall be made as a condition of the special use permit, but in no case shall any broadcasting tower and antenna exceed 199 feet in height. Applicants shall request the lowest broadcasting tower and antenna height necessary to accomplish their specific communication objectives. 2. The setback for any proposed broadcasting tower shall, at a minimum, conform to the requirements for principal structures for the proposed zoning district. However, in no case shall the minimum setback from the base of the broadcasting tower to any residential structure on an adjoining lot be less than 40 percent of the height of the tower, measured from the closest structural member of the broadcasting tower (excluding guy lines). Guy lines shall be exempt from the minimum setback requirements in side and rear yards for the respective zoning district, but shall comply with the setback requirements for the front yard. 3. The minimum setback from any property line abutting a road right-of--way for any other building or structure associated with a broadcasting tower shall be fifty feet. Such buildings or structures shall be located a minimum of 25 feet from any other property line. 4. More than one broadcasting tower shall be permitted on a lot provided all applicable requirements have been met including setback requirements. 5. Broadcasting towers shall not be illuminated with any type of lighting apparatus, unless such lighting is a requirement of the FAA or FCC. When lighting is proposed to conform to federal requirement, the County shall contact the federal agency to verify the necessity of lighting, and to determine the minimal amount and type of lighting necessary to comply with federal guidelines. Security lighting, or a "down lighting" design maybe installed on buildings and 5 wy structures associated with a broadcasting tower. In no case shall any lighting violate Section 30- 94 of this ordinance. 6. Any proposed broadcasting tower within two miles from any general or commercial airport or located at a ground elevation at or above two thousand feet, average mean sea level, shall be referred to the appropriate regional office of the FAA for review and comment prior to filing an application for a special use permit. 7. All broadcasting towers shall comply with any additional requirements established in the Airport Overlay District in Section 30-72 of this ordinance, and the emergency communications overlay district in Section 30-73. 8. Any broadcasting tower approved shall be structurally designed to carry sufficient loading, and the site approved shall be sized to accommodate the additional equipment necessary for at least three other vendors/providers of communications services in order to minimize the proliferation of new broadcasting towers in the vicinity of the requested site. In addition, by applying and being granted the special use permit, the applicant and the owner of the land agree to make the broadcasting tower and tower site available for additional leases within the structural capacity of the broadcasting tower and at reasonable costs adequate to recover the capital, operating and maintenance costs of the broadcasting tower location required for the additional capacity. 9. A monopole broadcasting tower design is recommended,. The Board may approve an alternative broadcasting tower design if it finds that an alternative type of structure has less of a visual impact on the surrounding community and Roanoke County, and/or based upon proven technical and engineering data a monopole design is not technically feasible. Cost shall not be a criteria for determining broadcasting tower design. 10. No broadcasting towers shall be permitted within the critical viewsheds of the Blue Ridge Parkway or Appalachian Trail as shown on any official map designating these viewsheds and pre-approved by the Board of Supervisors. In addition, no towers shall be proposed within any other designated area of local scenic, historical, ecological and cultural importance as designated and approved by the Board of Supervisors prior to the filing of a tower application. 11. By applying and being granted the special use permit, the applicant and the owner of the land agree, after notice from the County, to dismantle and remove the broadcasting tower from the site within ninety days of the broadcasting tower no longer being use for wireless communications. If antennas on any approved tower are relocated to a lower elevation, the tower shall be shortened to the height of the highest antenna. A bond or similar performance guarantee may be required as part of the special use permit approval. 12. All broadcasting tower structures and associated hardware, antennas, and facilities 6 ~/' i shall be a flat matted color so as to reduce visibility and light reflection unless otherwise required by the FCC or FAA. E. General Review Policies All requests for new broadcasting towers, including the replacement or modification of existing broadcasting towers shall be reviewed by the staff, Planning Commission and Board of Supervisors on the basis of the following criteria: 1. The extent to which the broadcasting tower proposal conforms to the general special use permit criteria in Section 30-19 of this ordinance, and the intent, application requirements, and general standards for broadcasting towers found in these provisions. 2. The demonstrated willingness of the applicant to evaluate co-location opportunities within the proposed communication service area, and the demonstrated history of the applicant choosing co-location sites within the Roanoke Valley. 3. The base and top elevation of the proposed broadcasting tower relative to surrounding natural land forms. Notwithstanding any other provision of this section, broadcasting tower locations below surrounding ridge lines are preferred. 4. Broadcasting tower locations already served by existing roads and electricity are preferred due to the potential detrimental environmental and visual impacts resulting from the construction of new road and utility corridors. 5. The availability of other existing structures within the needed service area that are, based upon independent analysis, of suitable height, design, and location for the needed antenna. 6. The visibility of the broadcasting tower from the surrounding community as determined by the submitted computer simulations, terrain analysis and balloon or comparable test. 7 The degree to which the proposed site design and facilities including fencing, buildings and other ground mounted equipment are designed and constructed to be compatible with the neighborhood. 7 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 22, 1998 ORDINANCE 092298-5 AUTHORIZING THE CREATION OF AND FINANCING FOR A LOCAL PUBLIC WORKS IMPROVEMENT PROJECT, NORTH ROAD SANITARY SEWER EXTENSION, AND ACCEPTING THE DONATION OF UTILITY EASEMENTS 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 the North Road area of Roanoke County; and WHEREAS, the extension of the public sewer system and the creation of a special utility (sewer) service area will alleviate a critical public health and safety problem; and WHEREAS, several of the residents have requested that the County allow them to pay their portion of the costs of connection to the public sanitary 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 September 8, 1998, and the second reading was held September 22, 1998. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That pursuant to the authority of Ordinance 112288-7, the Board authorizes and approves a local public works improvement project, namely, public sanitary sewer extension for a portion of Roanoke County along North Road. The total construction cost 1 of this public sewer project is estimated to be $46,000.00, to be initially financed as follows: Citizen Participation (7 x $5,750) $51,750 Advance from Public Works Participation Fund $11,500 That there is hereby appropriated for this project the sum of $11,500 from the Public Works Participation Fund (which was established by the Board of Supervisors on July 23, 1996). Any citizen participation under paragraph 3. will be advanced as a loan from the Sewer Fund. 2. That the Project Service Area is shown and designated on the attached plat entitled Preliminary Plan North Road Sanitary Sewer prepared by the Roanoke County Utility Department, dated September 8, 1998, and identified as Exhibit 1. The North Road Sanitary Sewer Service Area is created for a period of ten years. (A) On or before November 21, 1998, any owner of real estate within this service area may participate in and benefit from the public sanitary sewer extension to this service area by paying the sum of $5,750 toward construction costs plus $750, which represents 50% of the current off-site facility fee of $1,500, said costs to be paid in full and in advance of connection to the public sanitary sewer extension or financed in accordance with the provisions of paragraph 3. (B) After November 21, 1998, any owner of real estate within this service area may participate in and benefit from the public sanitary sewer extension to this service area by paying the sum of $7,187 toward construction costs plus the off-site facility fee in 2 effect at the time of connection (currently $1,500), said costs to be paid in full and in advance of connection to the public sanitary sewer extension. 3. That the Board authorizes and approves the payment by the property owners in the project service area who elect to participate on or before November 21, 1998, of their portion of the cost of extending the public sanitary sewer system to their properties in accordance with the following terms and conditions: (a) Payment of $6,500 per property owner/residential connection ($5,750 for construction costs plus $750 which is 50% of the current off-site facility fee) to be financed for a maximum of 10 years at an interest rate of 8% percent per annum. Property owners agree to pay $1,500 down and financing the remaining $5,000. The down payment will be applied first to the off-site facility fee and then to the construction costs. (b) Property owners agree to execute a promissory note or such other instrument as the County may require to secure this installment debt. (c) Property owners further agree to execute such lien document or instrument as may be required by the County; said lien document or instrument to be recorded in the Office of the Clerk of the Circuit Court of Roanoke County. This lien instrument or document shall secure the repayment of the promissory note by the property owners to the County and shall be a lien against the property of the owners. Property owners also agree to pay the County any Clerk's fees or recordation costs which may be required to record any lien instrument or documents in the Office of the Clerk of the Circuit Court. 3 4. That the payment by citizens in the project service area, in excess of the six (6) anticipated with this ordinance, who elect to participate, shall be made to the various funds as follows: The off-site facility fee shall be returned to the Sewer Fund, and payment of the construction costs shall be returned to the Public Works Participation Fund until such time as the advance has been repaid; any further payment of construction costs shall be returned to the Sewer Fund. 5. That the Board of Supervisors hereby accepts the donation to said Board of a sewer line easement of variable width from the following property owners along North Road: Lori S. Adkins (Tax Map No. 35.05-2-29) and William D. And Mary Ann Blevins (Tax Map No. 35-04-2-9 and/or Tax Map No. 35-04-2-10) as shown on Exhibit 1. 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 transaction, all upon form approved by the County Attorney. 7. That this Ordinance shall take effect on and from the date of its adoption. On motion of Supervisor Harrison to adopt the ordinance with changes to include Duncan property and secure easement on Blevins property, 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 Gary Robertson, Director, Utility Paul M. Mahoney, County Attorney 4 4. That the payment by citizens in the project service area, in excess of the six (6) anticipated with this ordinance, who elect to participate, shall be made to the various funds as follows: The off-site facility fee shall be returned to the Sewer Fund, and payment of the construction costs shall be returned to the Public Works Participation Fund until such time as the advance has been repaid; any further payment of construction costs shall be returned to the Sewer Fund. 5. That the Board of Supervisors hereby accepts the donation to said Board of a sewer line easement of variable width from the following property owners along North Road: Lori S. Adkins (Tax Map No. 35.05-2-29) and William D. And Mary Ann Blevins (Tax Map No. 35-04-2-9 and/or Tax Map No. 35-04-2-10) as shown on Exhibit 1. 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 transaction, all upon form approved by the County Attorney. 7. That this Ordinance shall take effect on and from the date of its adoption. On motion of Supervisor Harrison to adopt the ordinance with changes to include Duncan property and secure easement on Blevins property, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None A COPY TESTE: J Mary H. AI en, CMC/AAE Clerk to the Board of Supervisors cc: File Gary Robertson, Director, Utility Paul M. Mahoney, County Attorney Diane D. Hyatt, Director, Finance 4 rt :r -- --~ ~ R.C,B.S, John C. Harrls _ _ - 'f~ ~\ PROPOSED SERV E AREAs.04-P-7 .p ~ :c~ ~ `~ _ ~r ~ 1~2~ ub, G 2 ~~ Nelson R, H ~~ ~,.0~ ~ `` $ ~ 35,04-2-1 o `O~ ~ ` Y~ ~a iP~ Y Q' ~ 35AA ~`~i ~' $2~ ~ ~ ~ NC o~ ,g6A f/ ~~` ~.o HaN MI` ~`A~ e Lorl S, Adklns ~` 4ti y ~ ~~ 35,04-2-Z9 ~ °~ g~e~?"1p ~ ~~ • ~ pA" ..~* r~ wNOS `` 35~ ~. .tee r~ ~~ ~ ~g52 ~~ ~ ~` H~3SAA" ~. •e ..~ t4~ ~ ~: ` ~ r9 ` `~ O ~ <,r ~~_~ -ice ` Thonns Roth 9. ___-- u' `t139 ~F 8' ~ 35,04-2-28 1~9 ,~3 ~3 Raney ~Rosnnne John H, L Ruth A, 33,04 Rhodes 18A~ 35,04-2-27 1869 Chnrles W. L unnlta Burnett 35.04-2-23 Section No. 1 ~ Robert R. L Hanging Rock Estates Edna F, LaWSan 35,04-2-Z4 Willlnrl I. ~ Card N. Clapp 35.04-2-26 PRELIMINARY PLAN ~,/ NORTH ROAD SANITARY SEWER '` ~ GTAWBA NAtlSTFRIAL DISTRICT a RGNOKE COUNTY, NRtlNIA ROANOKE COUNTY ` UTIISPY DEPARTI~NT ~/ 1208 KE33LER 1[II~L ROAD 3ALEY, VA 24163 BEPT B 1998 .~ ACTION # ITEM NUMBER "T~- AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMII~IISTRATION CENTER MEETING DATE: September 22, 1998 AGENDA ITEM: Second Reading of Ordinance Authorizing Creation of and Financing for a Local Public Works=l~iprovement Project -North Road Sewer Project COUNTY ADMINISTRATOR'S COMMENTS: .^~~~ ~~~~~ a~ BACKGROUND: During the spring of 1998, Utility Department staff received requests from several property owners along North Road to extend public sewer to serve their properties. Public sewer presently exists at the common corner of Tax Parcel Nos. 35.04-02-31 and 35.04-02-29. In response to the property owners' request, Utility Department staff explored various sewage conveyance options and prepazed a preliminary cost study. Utility Department staff determined that the cost to extend public sewer along North Road would be $6,500.00 per property. Letters dated July 21, 1998 were sent to 17 property owners on North Road and Red Lane. From this mailing, Utility Department staff received nine responses (6 in favor and 3 not interested). Based on this response and the location of the affected properties, the proposed service azea was established as shown on the attached sketch. The first reading was held on September 8, 1998. SLIMMARL Y OF INFORMATION: Providing public sewer to the interested property owners would require an 850-foot extension at an estimated cost of $46,000. This construction cost includes installation of sewer laterals, which would serve all properties in the service area. It is also anticipated that an easement will be required to cross Tax Parcel No. 35.04-02-29. The attached ordinance establishes a special service area for the project with each participating, property owner paying their shaze of the cost through a special connection fee as shown below. The ordinance also establishes a method of financing up to $5,000 for the initial participating property owners. This connection fee includes the fair shaze of the construction cost required to extend the public sewer system to serve the 8 existing residences on North Road within the proposed service azea, as well as, 50 percent of the off-site sewer facility fee of $1,500. Basic Construction Cost $ 5,750.00 Off-Site Facility Fee (w/50% Credit) 750.00 TOTAL CONNECTION FEE $ 6,500.00 ,~_ ~ The fee proposed above would be applicable only if the property owner financially committed to participate in the proposed project prior to or during construction of the sewer system expansion. ALTERNATIVES: Alternative 1: Establish a special sewer service area, which could potentially serve 8 existing residences, as indicated on the attached sketch. [Hatched tax parcels represent the six (6) property owners who have expressed an interest in connecting to the public sewer system.] Approve construction of the gravity sewer along North Road as shown on attached sketch. The estimated cost to construct this alternative is $46,000. For those property owners, who choose to not connect during the initial 60-day sign- up period, the construction cost would have a one time 25 percent increase (based on 5% annual increase for five years). Under this alternative, the total cost for initial participants would be $6,500 with later participants paying $8,687.50 (based on the present off-site facility fee of $1,500). Alternative 2: Do not approve request for extension of public sewer service to North Road area. FISCAL IMPACT: If Alternative 1 is selected, the total construction cost would be $46,000. The six (6) interested property owners would contribute $34,500. The remaining $11,500 would be funded by a transfer from the Public Works Participation Fund. STAFF RECOMMENDATION: Staff recommends that Alternative 1 be approved and that the Board of Supervisors adopt the attached ordinance after the second reading. Said ordinance shall authorize construction and financing for the Local Public Works Improvement Project, North Road Sewer Extension. Should the project be approved, Utility Department staff will again contact affected property owners to encourage participation at this time. SU TT BY: Gary Ro son, P.E. Utility Director APPR VED: Elmer C. Hodge County Administrator ACTION Approved ()Motion by: Denied ( ) Received ( ) Referred to VOTE No Yes Abstain Harrison _ _ Johnson _ _ McNamaza _ _ Minnix _ Nickens ~v •. -~ ~„ \ d r c ~ \ \\\ ~`r~ ~ o°e ~ ~+ d cv O \ • / ; CN N~ \ ]N d t \ ~ ~ ~W• \\ / N r 8 \ C ~ ~~~ \ / d '~ f'7 O ~ G°trr \\\ ~~ U ] Sb Qh ~y \ ~ 35• P \ O • \ ~iN e~gOr \\\ ~ ~ to Li ,A \\ i 4 c ~• \ w W H or ~ m x ~ ~~ ADZ ~3 ~ ~ ~ ~ 6~e° 3gp / ~ ~ ~ ~ ' G N ~ `o ~dN C ~ p ~~~ / m .:V i i ` N~ s ~ ' C N w tG S 7 f ; L~ % ~« tl ~ O ~ 6 c 's ~ J+ SS ~ 4 ~ e ~ J W LO G e 19 C ~~~ '~' / ~ S'do 1S vi ~ ~o ' / ~,F $~ ~ i' n u 0 7 ~~ 1~~ 2 acv d ~~ RHO s ~ ~ W .'r r ~ ~ 0 ~'N ~~ ~~,~ ~ N ~ w --~'~ , d ~ / z ~ d O V7 / a ~ V t ~ ~'C7 °c ~ aN ~" / a d a~ ~H~ r ~ F<' > aN ~" ~ ~s Vd~~ m aJF SN y° / d d H= xA~' Ilt` OV' ...I ~~ i W ~ ~ ~ ~ ` QoOp~ / `~" Q < ~ a ~ sc~ 111 .r}" Q" '~-~ ~i ~ ~ ~ N 1 T / ~ ~ ~ 1 ~~yi 11 avFQ~ ~ W ~' 6• M 1, ~ QgoA.o ; O U 1 ~. 3 ~ ~ O ~ • ~ m ~, / ; N ~ ~, ~, '~ ~ ~ ~ i ~ ~~ 2 ~`~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 22, 1998 ORDINANCE AUTHORIZING THE CREATION OF AND FINANCING FOR A LOCAL PUBLIC WORKS IMPROVEMENT PROJECT, NORTH ROAD SANITARY SEWER EXTENSION, AND ACCEPTING THE DONATION OF UTILITY EASEMENTS 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 the North Road area of Roanoke County; and WHEREAS, the extension of the public sewer system and the creation of a special utility (sewer) service area will alleviate a critical public health and safety problem; and WHEREAS, several of the residents have requested that the County allow them to pay their portion of the costs of connection to the public sanitary 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 September 8, 1998, and the second reading was held September 22, 1998. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That pursuant to the authority of Ordinance 112288-7, the Board authorizes and approves a local public works improvement project, namely, public sanitary sewer extension for a portion of Roanoke County along North Road. The total construction cost of this public sewer U:\WPDOCS\AGENDA\UTILITY\NORTHROA.ORD 1 ~--f project is estimated to be $46,000.00, to be initially financed as follows: Citizen Participation (6 x $5,750) $34,500 Advance from Public Works Participation Fund $11,500 That there is hereby appropriated for this project the sum of $11,500 from the Public Works Participation Fund (which was established by the Board of Supervisors on July 23, 1996). Any citizen participation under paragraph 3. will be advanced as a loan from the Sewer Fund. 2. That the Project Service Area is shown and designated on the attached plat entitled Preliminary Plan North Road Sanitary Sewer prepared by the Roanoke County Utility Department, dated September 8, 1998, and identified as Exhibit 1. The North Road Sanitary Sewer Service Area is created for a period of ten years. (A) On or before November 21, 1998, any owner of real estate within this service area may participate in and benefit from the public sanitary sewer extension to this service area by paying the sum of $5,750 toward construction costs plus $750, which represents 50~ of the current off-site facility fee of $1,500, said costs to be paid in full and in advance of connection to the public sanitary sewer extension or financed in accordance with the provisions of paragraph 3. (B) After November 21, 1998, any owner of real estate within this service area may participate in and benefit from the public sanitary sewer extension to this service area by paying the sum of $7,187 toward construction costs plus the off-site facility fee in effect at the time of connection (currently $1,500), said costs to be paid in full and in advance of connection to the public sanitary sewer extension. U:\WPDOCS\AGENDA\UTILITY\NORTHROA.ORD 2 H-1 3. That the Board authorizes and approves the payment by the property owners in the project service area who elect to participate on or before November 21, 1998, of their portion of the cost of extending the public sanitary sewer system to their properties in accordance with the following terms and conditions: (a) Payment of $6,500 per property owner/residential connection ($5,750 for construction costs plus $750 which is 50% of the current off-site facility fee) to be financed for a maximum of 10 years at an interest rate of 8% percent per annum. Property owners agree to pay $1,500 down and financing the remaining $5,000. The down payment will be applied first to the off-site facility fee and then to the construction costs. (b) Property owners agree to execute a promissory note or such other instrument as the County may require to secure this installment debt. (c) Property owners further agree to execute such lien document or instrument as may be required by the County; said lien document or instrument to be recorded in the Office of the Clerk of the Circuit Court of Roanoke County. This lien instrument or document shall secure the repayment of the promissory note by the property owners to the County and shall be a lien against the property of the owners. Property owners also agree to pay the County any Clerk's fees or recordation costs which may be required to record any lien instrument or documents in the Office of the Clerk of the Circuit Court. 4. That the payment by citizens in the project service area, in excess of the six (6) anticipated with this ordinance, who elect to participate, shall be made to the various funds as follows: The off-site U:\WPDOCS\AGENDA\UTILITY\NORTHROA.ORD 3 /f-/ facility fee shall be returned to the Sewer Fund, and payment of the construction costs shall be returned to the Public Works Participation Fund until such time as the advance has been repaid; any further payment of construction costs shall be returned to the Sewer Fund. 5. That the Board of Supervisors hereby accepts the donation to said Board of a sewer line easement of variable width from the following property owners along North Road: Lori S. Adkins (Tax Map No. 35.05-2-29) as shown on Exhibit 1. 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 transaction, all upon form approved by the County Attorney. 7. That this Ordinance shall take effect on and from the date of its adoption. U:\WPDOCS\AGENDA\UTILITY\NORTHROA.ORD 4 °_. ..,, AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 22, 1998 ORDINANCE 9 98-6 AUTHORIZING THE CREATION OF AND FINANCING FOR A LOCAL PUBLIC WORKS IMPROVEMENT PROJECT, BELLE HAVEN ROAD SANITARY SEWER EXTENSION, AND AUTHORIZING THE ACQUISITION OF EASEMENTS EITHER BY DONATION OR BY PURCHASE 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 the Belle Haven Road area of Roanoke County; and WHEREAS, the extension of the public sewer system and the creation of a special utility (sewer) service area will alleviate a critical public health and safety problem; and WHEREAS, several of the residents have requested that the County allow them to pay their portion of the costs of connection to the public sanitary 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 September 8, 1998, and the second reading was held September 22, 1998. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That pursuant to the authority of Ordinance 112288-7, the Board authorizes and approves a local public works improvement project, namely, public sanitary sewer extension for a portion of Roanoke County along Belle Haven Road. The total construction 1 cost of this public sewer project is estimated to be $82,000.00, to be initially financed as follows: Citizen Participation (8 x $4,750) $38,000 Advance from Public Works Participation Fund $44,000 That there is hereby appropriated for this project the sum of $44,000 from the Public Works Participation Fund (which was established by the Board of Supervisors on July 23, 1996). Any citizen participation under paragraph 3. will be advanced as a loan from the Sewer Fund. 2. That the Project Service Area is shown and designated on the attached plat entitled Belle Haven Road Sanitary Sewer Petition prepared by the Roanoke County Utility Department, dated September 8, 1998, and identified as Exhibit 1. The Belle Haven Road Sanitary Sewer Service Area is created for a period of ten years. (A) On or before November 21, 1998, any owner of real estate within this service area may participate in and benefit from the public sanitary sewer extension to this service area by paying the sum of $4,750 toward construction costs plus $750, which represents 50% of the current off-site facility fee of $1,500, said costs to be paid in full and in advance of connection to the public sanitary sewer extension or financed in accordance with the provisions of paragraph 3. (B) After November 21, 1998, any owner of real estate within this service area may participate in and benefit from the public sanitary sewer extension to this service area by paying the sum of $5,937 toward construction costs plus the off-site facility fee in 2 effect at the time of connection (currently $1,500), said costs to be paid in full and in advance of connection to the public sanitary sewer extension. 3. That the Board authorizes and approves the payment by the property owners in the project service area who elect to participate on or before November 21, 1998, of their portion of the cost of extending the public sanitary sewer system to their properties in accordance with the following terms and conditions: (a) Payment of $5,500 per property owner/residential connection ($4,750 for construction costs plus $750 which is 50% of the current off-site facility fee) to be financed for a maximum of 10 years at an interest rate of 8% percent per annum. Property owners agree to pay $1,500 down and financing the remaining $4,000. The down payment will be applied first to the off-site facility fee and then to the construction costs. (b) Property owners agree to execute a promissory note or such other instrument as the County may require to secure this installment debt. (c) Property owners further agree to execute such lien document or instrument as may be required by the County; said lien document or instrument to be recorded in the Office of the Clerk of the Circuit Court of Roanoke County. This lien instrument or document shall secure the repayment of the promissory note by the property owners to the County and shall be a lien against the property of the owners. Property owners also agree to pay the County any Clerk's fees or recordation costs which may be required to record any lien instrument or documents in the Office of the Clerk of the Circuit Court. 3 4. That the payment by citizens in the project service area, in excess of the eight (8) anticipated with this ordinance, who elect to participate, shall be made to the various funds as follows: The off-site facility fee shall be returned to the Sewer Fund, and payment of the construction costs shall be returned to the Public Works Participation Fund until such time as the advance has been repaid; any further payment of construction costs shall be returned to the Sewer Fund. 5. That the acquisition and acceptance of the necessary water and sewer line easements, as shown on the attached map for the Belle Haven Sanitary Sewer Project, either by donation or by purchase pursuant to paragraph 6 of this ordinance, is hereby authorized across the following properties, referenced by tax map number, from the following property owners, their successors or assigns: TAX MAP NO. PROPERTY OWNER 26.12-1-25 McDaniel 26.12-1-24 Booze 26.12-1-16 Rasnick 26.12-1-17 Andrews 26.12-1-18 Garst 6. That the consideration for these easement acquisitions shall not exceed a value equal to 40% of the current tax assessment for the property to be acquired plus the cost of actual damages, if any, or the amount determined by an independent appraisal; and 4 7. That the consideration for these easements shall be paid from the Sewer Repair and Replacement Fund; and 8. That the County Administrator is authorized to take such actions and execute such documents as may be necessary to accomplish the purposes of this transaction, all upon form approved by the County Attorney. 9. That this Ordinance shall take effect on and from the date of its adoption. On motion of Supervisor Johnson to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None A COPY TESTE: cc: Mary H. Allen, CMC/AAE Clerk to the Board of Supervisors File Gary Robertson, Director, Utility Paul M. Mahoney, County Attorney Diane D. Hyatt, Director, Finance 5 • Y-i( Q a z Q ~ ~ W Q~ A ~ ~ ^" ~' a z ~ 0~ z°w Q W w ~ ° >' ~ ~ y ~ U ~ W W ~ WWW _I ¢ w H ~°~ Z J ~ W 635q. ~, .3 0 m 1~-~-~- Norn Barrens Road (Route 183 ~ 2 ~N N ~ M ~ o m ~ O 3 N ~ ~ c ~ O ~ d ~ C 0 m CL~ ~ ~ CA ~ Q ~+- ~~ y ~ Y U ~ . y N i'7 ~ ~ ul ~ O m l n W ~ . °' °' rn ~ ~ o ~ ~ 3 0~0 ~ ~ ~ ~ °v+ r7 ~ N = ~ _ ~ 0 ~ 1'7 00 N7 o ~ U U ~ ~ O Pettit Lane (Route 5056} o -o o ~ o ~ ~ ~ 3 ~ ~ c~ ~ _ ~~ ~ ~ co - ~ ~- ~, o ~ ~ ~ ~ ~ o a~ ~ ~, C ~ ~ ~, ~ G r ~ ~ O ~ N E ~ E ~ ~ ~ ~ in ~ ~ ~ ` p ~t ~ N o o 0 I1/ LL ~ U S ~ M W ].~ 0 . ~ ~ ~ w ~ ~ `~ w ~ w ~ F- (n Q ~ 0 W c~ W U cwn (n - ~ ~ ~ `~ o OW O o ~~ O ~ o_ ~ ~ ~ ~ - l z .. ACTION # ITEM NUMBER ~~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 22, 1998 AGENDA ITEM: Second Reading of Ordinance Authorizing Creation of and Financing for a Local Public Works Improvement Project -Belle Haven Sewer Project COUNTY ADMINISTRATOR'S COMMENTS: ~~.~~ BACKGROUND: Over the past ten years, Utility Department staff has received requests from several property owners along Belle Haven Road to extend public sewer to serve their properties. With the construction of Northbrooke Subdivision, public sewer presently exists adjacent to these properties. In response to the property owners' request, Utility Department staff explored various sewage conveyance options and prepared a preliminary cost study. Utility Department staff determined that the cost to extend public sewer along Belle Haven Road would be $5,500.00 per property. Letters dated Apri130, 1998 were sent to property owners in this area. From this mailing, Utility Department staff received 8 positive responses out of 17 existing residences. Based on this response and the location of the affected properties, the proposed service area was established as shown on the attached sketch. The first reading was held on September 8, 1998. SUMMARY OF INFORMATION: Providing public sewer to the interested property owners would require a sewer extension at an estimated cost of $82,000. This construction cost includes installation of sewer laterals, which would serve all properties in the service area. It is also anticipated that easements will be required to cross Tax Parcels No. 26.12-1-25, 24, 16, 17 and 18. s • The attached ordinance establishes a s ecial service area for the ro'ect with each artici atin P P J P P g property owner paying their share of the cost through a special connection fee as shown below. The ordinance also establishes a method of financing up to $4,000 for the initial participating property owners. This connection fee includes the fair share of the construction cost required to extend the public sewer system to serve the existing residences along Belle Haven Road within the proposed service area, as well as, 50 percent of the off-site facility fee of $1,500. Basic Construction Cost $ 4,750.00 Off-Site Facility Fee (w/50% Credit) $ 750.00 TOTAL CONNECTION FEE $ 5,500.00 The fee proposed above would be applicable only if the property owner financially committed to participate in the proposed project prior to or during construction of the sewer system expansion. ALTERATIVES: Alternative 1: Establish a special sewer service area, which could potentially serve 17 existing residences, as indicated on the attached sketch. [Hatched tax parcels represent the eight (8) property owners who have expressed an interest in connecting to the public sewer system.] Approve construction of the gravity sewer to serve these properties as shown on attached sketch. The estimated cost to construct this alternative is $82,000. For those property owners, who choose to not connect during the initia160-day sign- up period, the construction cost would have a one time 25 percent increase (based on 5% annual increase for five years). Under this alternative, the total cost for initial participants would be $5,500 with later participants paying $7,437.50 (based on the present off-site facility fee of $1,500). Alternative 2: Do not approve request for extension of public sewer service to Belle Haven Road area. FISCAL IMPACT: If Alternative 1 is selected, the total construction cost would be $82,000. The eight (8) interested property owners would contribute $38,000. The remaining $44,000 would be funded by a transfer from the Public Works Participation Fund. • ~ ' STAFF RECOMMENDATION: r Although this project is one property short of having 50% participation, staff recommends that Alternative 1 be approved and that the Boazd of Supervisors adopt the attached ordinance after the second reading. One property owner presently has plans to install a new septic system if the project is not approved and two additional properties are experiencing problems, but have no place to install a new drain field. In addition, Pettit Avenue will be paved in the near future making installation of a sewer line more expensive at a later date. Said ordinance shall authorize construction and financing for the Local Public Works Improvement Project, Belle Haven Sewer Extension. Should the project be approved, Utility Department staff will again contact affected property owners to encourage participation at this time. SUBMITTED BY: Gary Rob son, P.E. Utility Director APPROVED: Elmer C. Hodge County Administrator ACTION Approved ( ) Denied () Received ( ) Motion by: Referred _ to VOTE No Yes Abs Harrison Johnson McNamaza Minnix _ _ _ Nickens Q ~ z ., Q ~, ~ Q H ~ y H ~ W Q~ a w ~ .--i y ~ W ~ 07 z ° w W ~ 3 ~z~ Q W W ~ PQ ~' ° v}i f- ~-- 0-' V 0! W ~ WWW W ¢ ~~ W J N ~ ~ ~ W Z ~ ~ 6354 .3 0 m a~ ~, . ~ rn o 0 0. ' °' E ~~ ~ ~ ~ E ~= 00 `-~ in ~ ~ O ~ ~ N ~ ~ ~ C N 1~ ~ ~-- NOrn Barrens Road (Route 1832 ~N N ~ M m O 3 N N ,D 00 M M 00 c to ~ Q y r I'7 Y 0'J ~ M • N W ~ N ~ ~ O m C ~ d ~ •~ •O M M ~ O 3 00 00 ~ ~ 'rn ~ ~ > > ~ o M r+7 c 0 U ~~ fD 47 U Pettit Lane (Rou ~e 5056) ~o 3 ~ ~ ~ o~ ^ ~ ~ -~ CO ~ N d ~ ~ ~ ~ ~ ~ N (Yl N /'~ u J 1..() O O -o c N N O r ~~ ` r 0 00 ~` ~ \ ~ `off ~~~ 0 .(n ~ ~ ~ w ~ W ~ W ~ ~ ~ Q ~ ~ ~ o W U cn - q~ 0 ~ w o ~~ O ~ ~ D_ ~ ~ -~ z 1 Y /~ - a AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 22, 1998 ORDINANCE AUTHORIZING THE CREATION OF AND FINANCING FOR A LOCAL PUBLIC WORKS IMPROVEMENT PROJECT, BELLE HAVEN ROAD SANITARY SEWER EXTENSION, AND AUTHORIZING THE ACQUISITION OF EASEMENTS EITHER BY DONATION OR BY PURCHASE 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 the Belle Haven Road area of Roanoke County; and WHEREAS, the extension of the public sewer system and the creation of a special utility (sewer) service area will alleviate a critical public health and safety problem; and WHEREAS, several of the residents have requested that the County allow them to pay their portion of the costs of connection to the public sanitary 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 September 8, 1998, and the second reading was held September 22, 1998. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That pursuant to the authority of Ordinance 112288-7, the Board authorizes and approves a local public works improvement project, namely, public sanitary sewer extension for a portion of Roanoke County along Belle Haven Road. The total construction cost of this public sewer U:\WPDOCS\AGENDA\UTILITY\BELLEHAV.ORD 1 ~~ project is estimated to be $82,000.00, to be initially financed as follows: Citizen Participation (8 x $4,750) $38,000 Advance from Public Works Participation Fund $44,000 That there is hereby appropriated for this project the sum of $44,000 from the Public Works Participation Fund (which was established by the Board of Supervisors on July 23, 1996). Any citizen participation under paragraph 3. will be advanced as a loan from the Sewer Fund. 2. That the Project Service Area is shown and designated on the attached plat entitled Belle Haven Road Sanitary Sewer Petition prepared by the Roanoke County Utility Department, dated September 8, 1998, and identified as Exhibit 1. The Belle Haven Road Sanitary Sewer Service Area is created for a period of ten years. (A) On or before November 21, 1998, any owner of real estate within this service area may participate in and benefit from the public sanitary sewer extension to this service area by paying the sum of $4,750 toward construction costs plus $750, which represents 50% of the current off-site facility fee of $1,500, said costs to be paid in full and in advance of connection to the public sanitary sewer extension or financed in accordance with the provisions of paragrah 3. (B) After November 21, 1998, any owner of real estate within this service area may participate in and benefit from the public sanitary sewer extension to this service area by paying the sum of $5,937 toward construction costs plus the off-site facility fee in effect at the time of connection (currently $1,500), said costs to be paid in full and in advance of connection to the public sanitary sewer extension. U:\WPDOCS\AGENDA\UTILITY\BELLEHAV.ORD 2 °~ . 3. That the Board authorizes and approves the payment by the property owners in the project service area who elect to participate on or before November 21, 1998, of their portion of the cost of extending the public sanitary sewer system to their properties in accordance with the following terms and conditions: (a) Payment of $5,500 per property owner/residential connection ($4,750 for construction costs plus $750 which is 50% of the current off-site facility fee) to be financed for a maximum of 10 years at an interest rate of 8~ percent per annum. Property owners agree to pay $1,500 down and financing the remaining $4,000. The down payment will be applied first to the off-site facility fee and then to the construction costs. (b) Property owners agree to execute a promissory note or such other instrument as the County may require to secure this installment debt. (c) Property owners further agree to ,execute such lien document or instrument as may be required by the County; said lien document or instrument to be recorded in the Office of the Clerk of the Circuit Court of Roanoke County. This lien instrument or document shall secure the repayment of the promissory note by the property owners to the County and shall be a lien against the property of the owners. Property owners also agree to pay the County any Clerk's fees or recordation costs which may be required to record any lien instrument or documents in the Office of the Clerk of the Circuit Court. 4. That the payment by citizens in the project service area, in excess of the eight (8) anticipated with this ordinance, who elect to participate, shall be made to the various funds as follows: The off-site U:\WPDOCS\AGENDA\UTILITY\BELLEHAV.ORD 3 ~~ facility fee shall be returned to the Sewer Fund, and payment of the construction costs shall be returned to the Public Works Participation Fund until such time as the advance has been repaid; any further payment of construction costs shall be returned to the Sewer Fund. 5. That the acquisition and acceptance of the necessary water and sewer line easements, as shown on the attached map for the Belle Haven Sanitary Sewer Project, either by donation or by purchase pursuant to paragraph 6 of this ordinance, is hereby authorized across the following properties, referenced by tax map number, from the following property owners, their successors or assigns: TAX MAP NO. PROPERTY OWNER 26.12-1-25 McDaniel 26.12-1-24 Booze 26.12-1-16 Rasnick 26.12-1-17 Andrews 26.12-1-18 Garst 6. That the consideration for these easement acquisitions shall not exceed a value equal to 40% of the current tax assessment for the property to be acquired plus the cost of actual damages, if any, or the amount determined by an independent appraisal; and 7. That the consideration for these easements shall be paid from the Sewer Repair and Replacement Fund; and 8. That the County Administrator is authorized to take such actions and execute such documents as may be necessary to accomplish the purposes of this transaction, all upon form approved by the County Attorney. U:\WPDOCS\AGENDA\UTILITY\BELLEHAV.ORD 4 9. That this Ordinance shall take effect on and from the date of its adoption. U:\W PDOCSW GENDA\UTILITY\BELLEHAV.ORD . _. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 22, 1998 ORDINANCE 092298-7 AUTHORIZING THE LEASE OF THE HOUSE AND ONE ACRE OF REAL ESTATE, EXCLUDING THE GUEST HOUSE, (TAX MAP NO. 75.00-2-36) LOCATED AT HAPPY HOLLOW PARK BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: '~ 1. That pursuant to the provisions of Section 18.04 of the Charter of Roanoke County, a first reading concerning the disposition of the herein-described real estate was held on September 8, 1998; the second reading and public hearing on this matter was held on September 22, 1998; and 2. This property consists of approximately one acre of real estate with improvements, excluding the guest house, identified as Roanoke County Tax Map No. 75.00-2-36; and 3. That it is in the County's best interests to lease this property to An rew Bailev in order to safeguard the valuable improvements thereon and to receive fair market value lease payments until such time as it may be necessary to utilize said property in connection with the Happy Hollow Park. This lease is subject to the provisions of Section 2.03 and 18.04 of the Roanoke County Charter. That funds generated through the rental of this property be placed in the Parks Ground Maintenance Budget4 and 4. That the County Administrator is authorized to execute such documents and take such actions on behalf of Roanoke County as are necessary to accomplish this transaction, all of which shall be upon a form approved by the County Attorney. 1 e On motion of Supervisor McNamara to adopt the ordinance leasing to Andrew Bailey with rental income placed in the Parks Ground Maintenance Budget, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None A COPY TESTE: ~. c..~ Mary H. Allen, CMC/AAE Clerk to the Board of Supervisors cc: File Pete Haislip, Director, Parks & Recreation Arnold Covey, Director, Community Development John W. Birckhead, Director, Real Estate Assessment Paul M. Mahoney, County Attorney Diane D. Hyatt, Director, Finance 2 J ti .. Action No. 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: September 22, 1998 AGENDA ITEM• Second reading of an Ordinance authorizing the County Administrator to execute a lease agreement on behalf of Roanoke County for one acre of property at Happy Hollow Park. County Administrators Comments: `~ ~~ Background• On January 23, 1985 Mary Jane Burgess and her sister Cherie Burgess Shindell donated 34.5 acres and a cabin to Roanoke County to create what has become Happy Hollow Park. As part of the agreement the Grantors retained a life estate for the house and one acre of land. Mrs. Cherie Burgess Shindell passed away in 1996. Mary Jane Burgess, who lived at Happy Hollow, passed away in May of this year. The house is now vacant. Summary of Information: The Parks and Recreation Department desires to lease the house, excluding the guesthouse and one acre of property at fair market value. A lease will provide a basic level of security and protection to both the house and surrounding grounds. Also, the unique flowers and shrubs at Happy Hollow require a high level of specialized maintenance to retain the beauty that Happy Hollow is known for. Previously, Mary Jane Burgess provided much of that work. Because of these specialized needs we anticipate contracting out a portion of this maintenance. In addition, the house requires ongoing maintenance. Currently staff are contracting for roof and gutter repairs, interior painting, carpet, as well as minor plumbing repairs. We also anticipate the need for a new well to replace the spring fed water system. Consequently, Parks and Recreation requests that all funds generated through the rental be placed in an account to allow for basic upkeep and maintenance of both the house, flower beds, and grounds. This arrangement will also allow recreation staff the opportunity to develop a long-range plan to determine the role of the house ~ a ff-3 and guest house in the overall program and operations of the park. Fiscal Impact• The terms of the monthly lease, which will be set at fair market value, will generate revenue. It is recommended that this revenue be used to maintain the house and grounds. Alternatives• 1. Authorize the County Administrator to execute the lease agreement on behalf of Roanoke County, which shall be in a form developed and approved by the County Attorney; and placing the monthly rental fees in a maintenance account in Parks and Recreation. 2. Do not lease the property at this time. Staff Recommendation: This is the second reading of the ordinance. The first reading was held on September 8, 1998. There are no changes. Staff recommends alternative 1, authorizing the County Administrator to execute a lease on behalf of Roanoke County and placing the fees in a maintenance account. Respectfully submitted, Pete Haislip, Director Parks and Recreation Approved by, Elmer Hodge County Administrator Approved ( ) Motion by: No Yes Abs Denied ( ) Harrison Received ( ) Johnson Referred ( ) McNamara To ( ) Minnix Nickens 2 r I h~- 3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 22, 1998 ORDINANCE AUTHORIZING THE LEASE OF THE HOUSE AND ONE ACRE OF REAL ESTATE, EXCLUDING THE GUEST HOUSE, (TAX MAP NO. 75.00-2-36) LOCATED AT HAPPY HOLLOW PARK BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That pursuant to the provisions of Section 18.04 of the Charter of Roanoke County, a first reading concerning the disposition of the herein-described real estate was held on September 8, 1998; the second reading and public hearing on this matter was held on September 22, 1998; and 2. This property consists of approximately one acre of real estate with improvements, excluding the guest house, identified as Roanoke County Tax Map No. 75.00-2-36; and 3. That it is in the County's best interests to lease this property to in order to safeguard the valuable improvements thereon and to receive fair market value lease payments until such time as it may be necessary to utilize said property in connection with the Happy Hollow Park. This lease is subject to the provisions of Section 2.03 and 18.04 of the Roanoke County Charter. That funds generated through the rental of this property be placed in the and 4. That the County Administrator is authorized to execute such documents and take such actions on behalf of Roanoke County as are necessary to accomplish this transaction, all of which shall be upon a form approved by the County Attorney. U:\WPDOCS\REALEST\HAPPYHOL\ORDINANC. WPD 'r ACTION NUMBER ITEM NUMBER --~1°T AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 22, 1998 SUBJECT: Appointments to Committees, Commissions and Boards COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: 1. BUILDING CODE BOARD OF ADJUSTMENTS AND APPEALS The four year term of Larry W. Degen, Alternate, expired July 28, 1998. The four year term of Richard L. Williams, Consulting Engineer will expire October 24, 1998. They are eligible for reappointment. 2. GRIEVANCE PANEL The two year term of R. Vincent Reynolds expired September 10, 1998. The two year term of Raymond C. Denney, alternate, will expire October 10, 1998 The new terms will be for three years. 3. LEAGUE OF OLDER AMERICANS -ADVISORY COUNCIL The one year term of Dee Pincock expired March 31, 1998. Mr. Pincock is eligible for reappointment but has indicated he does not wish to serve another term. 4. TASK FORCE FOR SENIOR AND PHYSICALLY CHALLENGED CITIZENS Assistant County Administrator John Chambliss has received resignations from Betty Dangertield and Nancy Hall who represent the Cave Spring Magisterial District on this Task Force, and these representatives need to be replaced. There is no set term for these appointments. SUBMITTED BY: 7'Y1 ~c~..~ C~,c-~~ Mary H. Allen, CMC/AAE Clerk to the Board ACTION ~' ~-y APPROVED BY: Elmer C. Hodge County Administrator Approved () Motion by: Denied ( ) Received ( ) Referred ( ) To ( ) cc: File VOTE No. Yes Abs Harrison _ _ _ Johnson _ _ _ McNamara_ _ _ Minnix _ _ _ Nickens 2 i _ .. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 22, 1998 RESOLUTION 092298-8 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM J - CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the certain section of the agenda of the Board of Supervisors for September 22, 1998, designated as Item J -Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 through 4, inclusive, as follows: 1. Approval of improvements to Reavis Lane which serves as the entrance to the Lloyd Property. 2. Acceptance and appropriation of $25,000 grant from the Virginia Department of Conservation and Recreation for the Garst Mill Greenway and park renovations. 3. Resolution of appreciation upon the retirement of Douglas Jones, General Services. 4. Request from Schools to accept and appropriate $1,000 grant from the Virginia Department of Education. 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 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 Diane D. Hyatt, Director, Finance William J. Rand, III, Director, General Services Joseph Sgroi, Director, Human Resources Carol Whitaker, Director, Pupil Personnel Services & Special Education Dr. Deanna Gordon, School Superintendent Brenda Chastain, Clerk, School Board John M. Chambliss, Jr., Assistant Administrator ,- ~ ~ ~ A-092298-8. a ACTION NO. ITEM NUMBER : 7 =~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 22, 1998 AGENDA ITEM: Approval of Improvements to Reavis Lane which serves as the entrance to the Lloyd Property COUNTY ADMINISTRATOR'S COMMENTS: BACKGROUND: The Lloyd property is a 37.86 acre parcel of land owned by the County which is located across from the Veterans facility in the City of Salem. Salem Health and Rehabilitation Center, an entity of Fralin and Waldron, owns property on either side of Reavis Lane, the entry roadway to our property. Salem Health & Rehabilitation Center plans to develop the vacant property as additional parking for their facility and have asked permission to access their lot from Reavis Lane and improve the entrance. (See attached map). They propose to improve the entrance by paving the road surface beyond the entrance to their parkil~g area, tapering the pavement to accommodate the gravel road so as not to create a "drop-off," and improving the drainage at the intersection with Roanoke Boulevard. The County Attorney recommends that the Board consider the granting of a license to Salem Health and Rehabilitation Center to authorize its improvements to and use of this public property. A license is a grant of permission to enter upon land for a particular purpose; it is a right to do an act which without such permission would be illegal or a trespass. A license is of a temporary character; it is purely a personal right; it cannot be sold or assigned; it is revocable at the pleasure of the County. A license is not an easement. Since a license is not a grant of a property interest, it is not necessary to adopt an ordinance to permit this temporary use of public property. This license would permit Salem Health and Rehabilitation Center to use a portion of this public property and to make its improvements. A license would not infringe upon the easement deeded to other parties across this property. U:\WPDOCS\AGENDA\REALEST\BRLLOYD.922 I The proposed improvements will improve the functionality of the property of Salem Health and Rehabilitation Center, will improve the appearance of the entrance to our property and will benefit the adjacent property owners who use Reavis Lane as ingress to their property. The paving will also improve the drainage situation at the site. ALTERNATIVES: 1. Grant the license to make the stated improvements to the entrance to Reavis Lane for the mutual benefit of Salem Health and Rehabilitation Center, the County, and the adjacent residents who depend on Reavis Lane for ingress. 2. Grant an easement for the proposed improvements allowing Salem Health and Rehabilitation Center to make the stated improvements (requires first and second reading of an ordinance). 3. Do not authorize improvements to the entrance road. FISCAL IMPACT: None. The improvements will Salem Health and Rehabilitation them. be a part of the parking area of Center and will be maintained by RECOMMENDATIONS: Staff recommends alternative 1 to grant a license to Salem Health and Rehabilitation Center thus allowing them to improve the entrance to Reavis Lane and to serve as an access point to their parking area. Respectfully submitted, hn M. Chambliss, Jr. Assistant Administrator Appr ed by, Elmer C. Hodge County Administrator ------------------------------------------------------------------------------------------------------------------ ACTION VOTE No Yes Abs Approved (x) Motion by: Bob L. Johnson to approve Johnson _ x _ Denied ( ) Harrison _ x Received ( ) McNamara- x Referred ( ) Minnix _ x _ To ( ) Nickens _ x _ cc: File John M. Chambliss, Jr., Assistant Administrator Arnold Covey, Director, Community Development Paul M. Mahoney, County Attorney Diane D. Hyatt, Director, Finance //// =Area of Reavis Lane to S! be paved A-092298-8 . b ACTION NO. ITEM NUMBER ~ ~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ~~. MEETING DATE: September 22, 1995 AGENDA ITEM: Acceptance and allocation of a $25,000 grant from the Virginia Department of Conservation and Recreation for the Garst Mill Greeri~vay and park renovations. COUNTY ADMINISTRATOR'S COMMENTS: G~~~Nw~~~ SUMMARY OF INFORMATION: This past year the Virginia Department of Conservation and Recreation awarded a Virginia Trails grant to Parks and Recreation to develop a greenway, mitigate stream bank erosion, plant trees, and perform other improvements in Garst Mill Park. Staff has completed the major improvements including the greenway, landscaping, and the installation of a new bridge. This allocation will allow for the completion of this project. FISCAL IMPACT: None STAFF RECOMMENDATION: Accept and allocate to Parks and Recreation a $25,000 Virginia Trails Grant from the Virginia Department of Conservation and Recreation. Respectfully submitted, Oe~ ' /~.. Pete Haislip Director Approved by, Elmer C. Hodge County Administrator J•• ---------- -----------------------------------------------------A C T I O N VOTE No Yes Abs Approved (x) Motion by: Bob L Johnson to approve Johnson _ x - Denied () Harrison _ x Received () McNamara- x Referred () Minnix _ x - Nickens x To () cc: File Pete Haislip, Director, Parks & Recreation Diane D. Hyatt, Director, Finance li I~ ~.:~ ~, AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 22, 1998 RESOLUTION 092298-8.c EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY UPON THE RETIREMENT OF DOUGLAS JONES, GENERAL SERVICES ~ ~ WHEREAS, Douglas Jones was first employed part time by Roanoke County on June 17, 1987; and since August 5, 1989, has worked full time as a custodian with the General Services Department; and WHEREAS, Douglas Jones was the recipient of numerous awards from the General Services Department; including Employee of the Year, Perfect Attendance for three consecutive years, Cleanest Building, and Most Dependable; and WHEREAS, Douglas Jones was also the recipient of two Extra Mile Club awards given by Roanoke County; and WHEREAS, Douglas Jones retired from Roanoke County on August 1, 1998, after eleven years of services; and WHEREAS, Douglas Jones, through his employment with Roanoke County, has been instrumental in improving the quality of life for its citizens. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County expresses its deepest appreciation and the appreciation of the citizens of Roanoke County to DOUGLAS JONES for eleven years of capable, loyal and dedicated service to 1 ~' Roanoke County. FURTHER, the Board of Supervisors does express its best wishes for a happy, restful, and productive retirement. 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 William J. Rand, III, Director, General Services Joseph Sgroi, Director, Human Resrouces Resolution of Appreciation File 2 ._ r ACTION N0. 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: September 22, 1998 AGENDA ITEM: Resolution of appreciation upon the retirement of Douglas Jones, General Services COUNTY ADMINISTRATOR'S COMMENTS: ,,.o~~ ~ ~~'~'"' %~i% ~ ~~~~~ SUMMARY OF INFORMATION: Mr. Douglas Jones, General Services, retired on August 1, 1998, from Roanoke County with eleven years of service. He has requested that his resolution be mailed to him. It is recommended that the Board approve the attached resolution and direct the Deputy Clerk to mail it to Mr. Jones with a letter of thanks and notification that a $100 Saving Bond has been purchased for him. Submitted by, Brenda J. H ton, CMC Deputy Clerk Approved by, Elmer C. Hodge County Administrator ACTION VOTE No. Yes Abs Approved () Motion by: Harrison Denied () Johnson _ Received () McNamara- Referred () Minnix To () Nickens S- 3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 22, 1998 RESOLUTION EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY UPON THE RETIREMENT OF DOUGLAS JONES, GENERAL SERVICES WHEREAS, Douglas Jones was first employed part time by Roanoke County on June 17, 1987; and since August 5, 1989, has worked full time as a custodian with the General Services Department; and WHEREAS, Douglas Jones was the recipient of numerous awards from the General Services Department; including Employee of the Year, Perfect Attendance for three consecutive years, Cleanest Building, and Most Dependable; and WHEREAS, Douglas Jones was also the recipient of two Extra Mile Club awards given by Roanoke County; and WHEREAS, Douglas Jones retired from Roanoke County on August 1, 1998, after eleven years of services; and WHEREAS, Douglas Jones, through his employment with Roanoke County, has been instrumental in improving the quality of life for its citizens. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County expresses its deepest appreciation and the appreciation of the citizens of Roanoke County to DOUGLAS JONES for eleven years of capable, loyal and dedicated service to 1 ~3 Roanoke County. FURTHER, the Board of Supervisors does express its best wishes for a happy, restful, and productive retirement. 2 ACTION A-092298-8 . d ITEM NUMBER MEETING DATE: September 22, 1998 AGENDA ITEM: Appropriation of Grant for Assistive Technology Devices COUNTY ADMINISTRATOR'S COMMENTS: /NL~ / BACKGROUND: The Roanoke County School Board has received $1,000 from the Virginia Department of Education for the purchase of Assistive technology devices to assist students with disabilities to access technology in classroom and media centers. SUMMARY OF INFORMATION: The school division received and appropriated funds from a similar grant last year. The funds will be expended to purchase items for students with visual impairments. FISCAL IMPACT: None, no local matching required. STAFF RECOMMENDATION: Appropriation of the $1,000 grant to the school operating fund to be used to purchase items for students with visual impairments. Dr. Carol Whitaker Director Pupil Personnel Services And Special Education Elmer C. Hodge County Administrator ACTION VOTE No Yes Approved (x) Motion by: Bob L. Johnson to approve Johnson _ x Denied ( ) Harrison _ x Received ( ) McNamara- x Referred ( ) Minnix _ x To ( ) Nickens _ x cc: File Carol Whitaker, Director, Pupil Personnel Services & Special Education Diane D. Hyatt, Director, Finance Dr. Deanna Gordon, School Superintendent Brenda Chastain, Clerk, School Board Abs ~-/ GENERAL FUND UNAPPROPRIATED BALANCE COUNTY OF ROANOKE, VIRGINIA Amount Beginning Balance at July 1, 1998 $7,993,609.14 (July 28, 1998 Second installment on West County Business Pazk ($1,115,300.00) Balance at September 22, 1998 $6,878,309.14 Changes below this line aze for information and planning purposes only. Balance from above $6,878,309.14 West County Business Pazk -balance (1,057,650.00) Reserve for R.R. Donnelly -Phase II (730,700.00) of General Fund Revenues 7.75% 6.67% $5,089,959.14 4.94% Note: On December 18, 1990, the Boazd of Supervisors adopted a goal statement to maintain the General Fund Unappropriated Balance at 6.25% of General Fund Revenues 1998-99 General Fund Revenues $103,087,232.00 6.25% of General Fund Revenues $6,442,952.00 Respectfully Submitted, ~~~.~~ Diane D. Hyatt Director of Finance M:\Finance\Common\Boazd\Gen98. WK4 D~ L CAPITAL FUND UNAPPROPRIATED BALANCE COUNTY OF ROANOKE, VIRGINIA Amount Beginning Balance at July 1, 1998 $735,313.64 Projects appropriated in 1998-99 original budget Center for Research and Technology (100,000.00 Blue Ridge Parkway Interpretive Center (30,000.00 South county Park Development (100,000.00 North County Soccer Field (50,000.00. Police Firing Range (50,000.00, Courthouse Renovations (75,000.00; McDonald Farm (100,000.00. Balance at September 22, 1998 $230,313.64 Note: $100,000 of these funds have been temporarily advanced to the Mayflower Hills Park proj ect. Respectfully Submitted, Diane D. Hyatt Director of Finance M:\Finance\Common\Board\Cap98. WK4 ~- 3 RESERVE FOR BOARD CONTINGENCY COUNTY OF ROANOKE, VIRGINIA Amount From 1998-99 Original Budget $210,000.00 June 23, 1998 Roanoke Valley Convention & Visitors Center (107,500.00) Sept 8, 1998 Contribution to TAP Transitional Living Center (9,650.00) Balance at September 22, 1998 $92,850.00 Respectfully Submitted, ~~ ~~~ Diane D. Hyatt Director of Finance M:\Finance\Common\Board\Board98. WK4 o-y FUTURE SCHOOL CAPITAL RESERVE COUNTY OF ROANOKE, VIRGINIA Amount Savings from 1996-97 debt budget $670,000.00 Transfer from County Capital Projects Fund 1,113,043.00 FY97-98 Original budget appropriation 2,000,000.00 June 23, 1998 Savings from 1997-98 debt fund 321,772.00 FY98-99 Original budget appropriation 2,000,000.00 Balance at September 22, 1998 $6,104,815.00 Respectfully Submitted, Diane D. Hyatt Director of Finance M:\Finance\Common\Board\Schoo198.WK4 i ACTION # ITEM NUMBER 0 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 22, X1998 AGENDA ITEM: Accounts Paid -August 1998 COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Direct Deposit Checks Payments to Vendors: $4,373,077.93 Payroll 8/7/98 $439,318.24 $244,492.22 683,810.46 Payroll 8/21/98 $452,263.94 $251,962.68 704,226.62 Manual Check 8/21/98 $839.57 839.57 $5,761,954.58 A detailed listing of the payments is on file with the Clerk to the Board of Supervisors. SUBMITTED BY: Diane D. 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C7 C~nixn#g of ~u~rnu~e ~ ~ ~~~~ ~ r-l?~ OF ROAN~~F ~, L ti ~ ~ A Z ~ J d2 1 38 DECLARING SEPTEMBER 19, 1998 AS "KIDS DAY AMERICA/INTERNATIONAL "~,1 WHEREAS, the health and well-being of children is our responsibility; and WHEREAS, the safety of our children is a significant concern for parents, community leaders, and health care givers; and WHEREAS, environmental welfare is of universal concern and deserves the most attention; and WHEREAS, if started in childhood, proper health, safety and environmental habits can be maintained for a lifetime, producing a valued member of society and enhancing our community. WHEREAS, on September 19, 1998, chiropractic offices nationwide will be participating in this event and will be providing essential information on Crime Prevention, Child Safety and Environmental Awareness issues; and WHEREAS, the Roanoke County Police Department and the Roanoke County °Fire B Rescue Department, along with many others, will be ~parficipating in this event. NOW, THEREFORE, 1, Bob L. Johnson, Chairman of the Roanoke County Board of Supervisors, do hereby declare September 19, 1998 as "KIDS DAY AMERICA/INTERNATIONAL"L„ in Roanoke County, Virginia; and FURTHER, the Board urges that this day be dedicated to the efforts of Doctors of Chiropractic in helping educate all citizens on the importance of health, safety and environmental issues affecting our community. Bob L. Jo nso Chairman ATTEST: Mary H. Allen, Clerk o-~ ACTION NO. ITEM NUMBER ~b AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 22, 1998 AGENDA ITEM: Preliminary Results of Operations for the Year Ended June 30, 1998 COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: At this time we have finished the majority of the entries needed for the year ended June 30, 1998. The auditors (KPMG Peat Marwick, LLP) are currently conducting their year end review. There is a possibility that further entries could be made within the next month. However, I am attaching a copy of the preliminary review of operations. The attached schedule shows that revenues were under budget by $128,874. It is important to note however, that personal property tax was under by $1,333,716. This negative variance was made up in a variety of other revenue categories. The general fund expenditure (including encumbrances and previously committed contracts) were $340,005 under budget. After the 60% rollover is allocated for the departments, this leaves our remaining balance of $136,002. According to the rollover policy the revenue amount under budget of $128,874 will be a reduction to the general fund unappropriated balance. The expenditure savings of $136,002 will be an addition to the capital funds unappropriated balance. Please remember that both are these are estimates at this time and could change before the final year end audit is presented in November 1998. I am also including an attachment showing the preliminary view of the School operations for the year ending June 30, 1998. The preliminary results of operations show a surplus of $1,075,000 that is generated primarily from expenditure savings from the School operations. SUBMITTED BY: ~./Gair~a., ~V . ~~~ Diane D. Hyatt APPROVED: Elmer C. Hodge Director of Finance County Administrator M:\FINANCE\COMMON\BOARD\9-22-98A.WPD September 17, 1998 c m ~ ~ «, c a a~ ~ C7 U m N U N +L+ ~ ~ O O + + f0 C m + + y C U O -a O C U r n.. la 7 fQ ~ ~ a ca ~ o ~ °: ~ Q ca m a a~ •~ .n ca ~ a c - o .3 ~ .3 0. a U1 C y (a L 7 L C H W H ~ c O W c0(~O~~cOCO1~M O~ ~A c~7 N o0 O O~~Net~O~ Oti O O O N of V M I~ O~ OD 00 LA (U ' O CO O O O ~ C w C M M a0 ~ 0 0~ N ~ N 00 ` ' O st ~D t~ + ` ~ ~~ I~M • aOr-M(ON NN M N r- r ~- ~ r ~t M O ~ M r d ~ oo O~ ~ ~ ~ °' •_ ` ~ , OO ~ (O tt ~C OD et r O O O LA 00 '~ N et M •- 1~ ~ O to 00 N M O ~- M 00 N ~ i~ ~ O ~A op tO ~ to O W N .- O ~ ~ N ~ M oD (O (O LA O O 00 t0 et O O ~ M 1~ ~ O w N~ (~ N A M oD M I~ ~~ N N ~ Y tA~ U ~O~AtoMN(ON OO O O O C D1 Q ~ ~ C O C ~ R w :a ~ ~ W E,H GR ~r. OQ ~ NOOOOOI~(OOOM M M f~M V~'O NOOOOOOO~NM M M e-~ (pr _~~ V'OOOOOOODOO~ ~- ~ ' 0~-- N(O O +~ O O~~tntf)NOf~cO(ONCi rn O) c'7 C0 ~M 0 3t MOtf)OOONM-A~OO O O OD (p NO V.d ` -p ••-M(OOstNf~Ol~st(O (O (O Nl0 BOO ~ O O ~NtAtnc~N(O.- 00 O O ~~ ~1~ ~ LL m ~ r r ea ~ EA tf} C . ~ . ~ a U N ~ ~ C ~ ~ l6 ~ -. ~U fA ~ .` fl. a r.+ C ~ O . N N N ~ 7 C U ~ r" C lQ O lII U lC U y -a l0 ~ a fC w C C ~ = ~ ~ O ~ ~ N ~ O ~ OD m~o°'m d ~ ~ ~ x ~ x ca ~ ~ ~ ~ o o ~ ao °,~ c a ,: ; v '~ ° y rn +? H (0 ~ ~ C U N 1~ OQ ~ C `- fC ~ ' 7 ) C fA y X~ -- Q f0 - C N C ~ ~ ~ y fA ~ ~ '~ la ~ `` ~ Q ~ j V C j 0 W •~ O C y p 'O Q y +O+ d ~ a.. J X N N ~ ~ ~ ~ ° +y, ~ ~ ~ N lC ~ ;° m~ ~a~i~y ~ ~ = a c o ~ °~'QC~ C W C fA ~ ~' ~ N = -a 'a ~ 'C ~ Q l0 O u- N~y~Nmm~~ a- ~ O Q ~ C~"amc d N N p 0~~ ~ L+ N~ N N K O C G' . .. + d'dJUm~(nlLaO X W Z m W m W '~ C N fC N ~" c 0 O U U C N C LL ~_ Roanoke County Schools Preliminary View of Operations -School Operating Fund For the Year Ended June 30, 1998 Budget Actual Variance Revenues $ 84,820,876 $ 84,823,689 $ 2,813 Expenditures (including encumbrances) 84,820,876 83,743,057 1,077,819 Net Results of 1997-98 Operations - 1,080,632 (1,075,006) Beginning Balance 1,121,377 Expenditures rolled forward from 1996-97 (1,121,377) $ - ACTION NO. ITEM NUMBER ~~' AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 22, 1998 AGENDA ITEM: Discussion on proposed early retirement package COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: This time has been set aside for discussion on the proposed early retirement package for Roanoke County schools. We have provided each of you with a copy of the consultant's actuarial report and study for the School and County staff. The school administration will be discussing this with the School Board and we would like to review the package with the Board of Supervisors. Respectfully Submitted by: rf Elmer C. Hodge County Administrator ACTION VOTE No. Yes Abs Approved () Motion by: Harrison Denied () Johnson Received () McNamara- Referred () Minnix To () Nickens R AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON SEPTEMBER 22, 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. ~- / Administrator: 55 yrs. old 'Salary Payouts - 7 Year Plan (Top of Salary Scale) > T~~~~ Earnings Current Plan Proposed Plan Proposed Plan. Before Retirement 30% With 20% Bonus 25% Final Salary ! 62,894.20 18,868.26 17,520.53 15,723.55 VRS Payout '~ ~ N/A 32,700.48 32,700.48 32,700.48 SS Savings (Yrs. 2-6) N/A N/A 1,148.35 1,031.02 Totals 62,894.20 51,668.74 51,369.85 49,455.05 ~; (Loss) /Gain per yr (198.89) (2,113.69) Salary Payouts - 5 Year Plan Earnings Current Plan Proposed Plan Proposed Plan Before Retirement 20% With 20% Bonus 35% Final Salary ~ 62,894?0 12,578.84 N/A 22,012.97 VRS Payout N/A 32,700.48 N/A 32,700.48 SS Savings (Yrs. 2-6) N/A N/A N/A 1,443.42 Totals 62,894.20 45,279.32 N/A 54,7li.45 (Loss) /Gain per yr. 9,434.13 Salary Payouts - 3 Year Plan Earnings Current Plan Prop osed Plan Proposed Plan Before Retirement 20% With 20% Bonus 35% Final Salary ! 62,894.20 12,578.84 N/A 22,012.97 VRS Payout I N/A 32,700.48 N/A 32,700.48 SS Savings (Yrs. 2-6) ~ N/A N/A N/A 1,443.42 Totals 62,894?0 45,279.32 N/A .. 54,713.45 (Loss) /Gain. per yr. ~ ~ 9,434.13 ., f~ .~ Teacher: ss yrs. old Salary Payouts - 7 Year Plan (Top of Salary Scale) Earnings Current Plan Proposed Plan Proposed Plan, I ~ Before Retirement ~, ° ~0% With 20% Bonus 25% it Final Salary , 42,851.00 12,855.30 11,937.06 10,712.7 VRS Payout ~~,~ N/A 20,964.72 20,964.72 20,964.72 SS Savings (Yrs. 2-6) N/A N/A 782.73 702.4 Totals ~, 42,851.00 33,820.02 33,684.51 32,379.92 i (Loss) /Gain per yr (13 5.51) (1,440.10) Salary Payouts - 5 Year Plan Earnings Current Plan Proposed Plan Proposed Plan Before Retirement 20% With 20% Bonus 35% Final Sala ry 4 2,851.00 - ~ 8,~70.~0 N/A - 14,997.8 VRS Payout N/A 20,964.72 N/A 20,964.72 SS Savings (Yrs. 2-6) N/A N/A N/A 983.43 Totals 42,851.00 29,534.92 N/A 36,946.00 (Loss) /Gain per yr. 7,411.08 'Salary Payouts - 3 Year Plan Earnings Current Plan Proposed Plan Proposed Plan; Before Retirement 20% With 20% Bonus 35% I Final Salary ' 42,851.00 8,570.20 N/A 14,997.85 VRS Payout N/A 20,964.72 N/A 20,964.72 SS Savings (Yrs. 2-6) ' N/A N/A N/A 983.43 Totals 42,851.00 29,534.92 N/A 36,946.00 • (Loss) /Gain per yr. 7,41 1.08 °° K ~ o ; ~ o'e' '~ 7• o' n ~ C ._w. 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N ii l 0 `< b c ~ G cn -, 'z1 t~1 0 a ~e b n ~ ~ ro ~ 6 w b w ro 'o v ~w ~ ~ trf ~ ^, Ci7 00 ~ a w Q• a' w o ~ o ~'" o ., (~ ~ a9~' ~ ~ w o < y co ~ -+ 5 `y° ~ o `~v w o cn ~ ,y ~ ^ov~ p env N pa' ~ o a' w g _ ~' " ~ '? i'o . n F °in °w ~ ~ °'. cao ~ o ~ ~ ~ ~ _ a << a~ c"o a ~° m ~ 2y > n. °. f in a c o :: 'v co w y Q. a o0 0 rt w ~ cn a ~ H .2 O ~ £ 6 ~ a , Oo p, ~ 5' en .i7 ,b w ~ ~ C ~ C ~ a y a ~ co ~ n c ~ ~ tin v°, tr s o ~ d 7 ~ tl '' o p H ~ ~ G ? , ~ O C a w O o ~ . C v w c i O n c~ ~ "~' ~ .D + . y ~ p p O ~ O 0 N P • ~ ~ N ~ ^ O N Q. ' H ~ '+ N . ,,,~ ~ b O a b o ~~'' b ~ n ~' ~ ~ " O pwp ^ ~ ~ y O ~ N o a (7 H G O 'b ~' ~ 0 ^ C ~ ~_. p L^f w o O R. O cn ~ ~ .iy cn O ~+' ~ ,~'., .~ ~ _ b `G x O a ~. ~ ~ ~ O N cc b ~^ R• '+ pi C O ~ a ~ 3 ~ :; a v. r. n I o a ~ n~ 3 w r, co a~ d a a w n - E M H O c9 FO ~ ~ H ~ o _ ~ , ~, , w v, w~~ w '-1 O 7' N n w O o~ C ~ N C O ''y ~ ~ ry b ... `G lD 0 . ... ~ -~ ~ ~., w a A. ^ 0 b ~ '+ a <° ^o . o ~ o ~ VA N O fD y K, a ~ C ~ o Q C A . 'C 7 ~ 0o A o w 3 ~ R -~ `~ ~ ~ a 3, w c ? ~ y H N w ~ o '+ ~J Guidelines for the Establishment of the New Early Retirement Program The allocation to the Schools will be based on the same formula as always and will not be increased based upon increased demands of early retirement programs. 2. The Schools are responsible for procuring, selecting, implementing, and monitoring the new early retirement program. This includes the formation of an Early Retirement Board that will monitor the program and the trust. 3. The Schools will provide an analysis of the early retirement plan on an annual basis for inclusion in the County's Comprehensive Annual Report. 4. The Schools are responsible for procuring an actuarial report on the Trust at least every two years. 5. The Trust will be maintained at such a level that the ratio of plan assets to annual benefit payments is 200% to 300%. 6. All savings between the existing plan and the new plan will be reinvested into the trust until the ratio of plan assets to annual benefit payments has reached 300%. 7. The Schools will provide the appropriate budget entries to transfer the "savings" from the school operating budget to the Trust Fund. M:\FINANCE\COMMOMSCHOOL\RETIREME. WPD _ ~ S ~ y J _/ -~/ ~ 1 _ ~_ ~ ~' 1 ~ 1 r - ~ ~-F _. 1 ~ _ ~~t ~ ._ ~ ! ~ ~~ / _ '% i ~ f ~ /, ` }. I ~ . }. ` ~. _, i ~_. ,. i i ~' - I ~' / ~. ~ I .. ~ ~ _- E '~G ~~ ~~, r^ ~ ~ ~ i ., ,• i. , -_ - ~ - ~ O~- r~ ,_ ~ 1 < -~ i ~ ~~ , ~ i ~ i A . O ~_ : - , ~~ 0 y ~, ., ~' ~ ~~ ~ ~ ~, - . , ~O , .p ,,~ .~, _ ~ ; , roc . ~= ~_ , ,_ ~~;~ _--~ -_ ~ ~ ~~ - ~,_ -~ . ~_ ,Q _ W , - ~ ~ - ~ __ ~ ~ , ,_ _ ~ ~' ~ ~ ,_~ - ~ ~ _ ~~ ~a~ r - ~ ~ - ~ ~ \ f ~~~ Z W H z 0 ~~ ~ ~~ ~i bq O 4. a b a~ 0 a 0 a o o `~ .a o,o ~ ~ ~ d ~ ~ b bq [ .~ c o `_' ~ w y U ci ~ 'L3 ~ O Cl. p a y ~ y v r.~ ~ ~. 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Q Q Q x ~ ~, ,~ ,n V ~ oo co 0 F p ~ i ~ ~ ; c s ,- s Q Q Q N O o ~n N N ~ . ~ Q.. ~ d Gq V ~. v c U 1 m J :~ ~. :l G E y z Q J G. z W W H W W J d O z 0 LL z W z U n :-S ~ ;~ v ~ ~ c~ V ~.. o ~ ~ y ~ O c; .., V ~ o w o ~ C ~ rv ~ .o ~ o ~ .~ :~, on ~ ;~ > o ~ o ~ o v ~. a ~ ~ ~ ~ a. s ° . ~ y ~ ~ ~' ~ ~ `~ v v N Q, ~ ,~ ~ u ~ ~, ~ ~ ,, ~ y ~ .~ ~ ~ ~ ~o ~ ~-r ~ o ~ v ~ ~ ~ ~ ~b _ ~w _ ~ ~~ ~ a~ ~ s N ~ v ~: ~" ~ ~ Cn ~ a ~' o - n, ~ ~ o -~ ~ c~i ~ O ~ ~ v~ ~ bq ~ o c3 ~ ~, C1. 4) ~' ~ ~ ~ V p ~ ~ ~ p ~ ~ V ~ V ~ ~ > ~ Q. M ~ O cs a~ ~ ~ . ~ V ~ ~ y ~ ~ ~~ ~ ~ o~ w 0 ~ O ~~ o .~ Na a ~~ CL ~o V't3 ~ ~ p ~ - ~ ~, ~ a. - L ~ ~ ~ o ~ ~~ ao a. o ~~, ~ a~~, ~, w ~ ~ ~ C ~ ~ > ~, a~ ~ -v ~ ~ n ~ ~ ~ V ~ ~ V M n ~ N ~ ~ ~ u ~ L. ~ a t-. ~ 4. ~.. . Q~ ~+ ms d w a :~ w~ w .~ - ~ E ~-..-~ ~ ~ • • • • • t~ U w N Q v ti ~U ~ .N U ~v ~ ~ c U ;J C N ~~ J G n :J c l.. J J J 3 z 0 C~ G Q J Q Q H V LL 0 cQ C a 0 v n C O .L] ~ o O p ~. O > a~ v 'b O ~ C ~ C O u ~- ~ v ~. O a~ ~ o a ~ v ~ o . ~ ~ ~ ~ ~ ~' ~' ~ ~ ~ ~ ~ o a, ' o ~ .~, ~., o ; ~ a~ ~ T3 ~ w ~ `J ~ ~ Z ~' -~' 0 >. °" o ~. o ~ ~ ~ a ~7 ~ ~ O o ~ ~ ~ 'CJ r~ ( -~ C 'ty C ~ ~ ~ .~ O W ~ a ~ cs ~ v ~ cn ~ ~ 0 :'i .ti 4 ~ ~"~ . C'S ~ ~ ~ ~a v z ~ i~ ~ ~o F-' .~ r-i N M ~n c o c ~ U ~, '.~ ~ ~ ~ ~~~ a ~ ~ ,_.., O 0 ~ ~ ~ ~ .~ ~ ~ ~ 7 p~ U1 O ~n d N~-r.n QJ ao C O a bA C 'tJ C ~ cn a ~ -~ .~ c ~ ~ ~ a~ ~ ?- ~ .V O ~.., ~ a ~' a ~ p o ~ ~ O ~ '~' QJ °_'~ ~ a. ~~ ~ 7 0 v o,o c a~ U ~. a :~ o 0 0 .d ~ ~' ~ b ~ ~n ~n ~n v a a~~' a~ ~. :~ Vi v 1.+ v .~ ~' 0 :~ v ,.. ~~ ~~ bA cs c a~ Ql .~ C a~ c~ C a~ a a n ~ ~ ~ ~ ~ o ~ o c3 ~ ~ O ~ ~ .~ a~ a °' ~~ a ~- ~ V [~ O U J x c i~r '~ G :J C ~: J :! "J 2 ?_ C V 0 to Q J Q U Q Q ~ U ~ bq :~ Ql ~ ~ ~ '~ N ~ . C ~ ~ ~ ~ ~` ~ QJ U ~.. ~ O bq 4. c,., ~' ~ . ~ , ~ v ~, v C ~ ,~ ~ o a v ~ p ~ ~ o o ~ ,,, T v~ av o -~ ~ ~v ~ ~ ~ o ~'~ ~ ~ a~ ~ ~~•~:~ a~ a ~ 'v d [ - v ~~. sue. V ~ ~ O ~ ~ bA ~ ' N +-, Q. ~ ~ ~ ~ ~ ~ ~ bA ~ '~ c-s ~ ~ ~ j ~ C ~ .~ n ~ .n v~ c3 a U J QJ ~ C ~ v ~~~. u ~ O p bq ~ ~ '~ N .~I L 1 1 \ ~'^ `J ~ .0. ~, V W ~. -° ^ ~ ~ o [ o. .~ a~ bA s., 'U ~Q, v°o~~ ~~ ~ ~ v ~ ~~ ~. a~ ~ ~ .~ a~ ~ > ~ ~ s ~ : ~ ~ . o ~ ~~ v :~ ~ T. n a ~ ~. .-. o h M py i y, ~ ~ O ~ ~ ~ ^I 1~1 ~ v cn w pG ~ ~ r a 0 0 f'~~ 00 ~n O ~ O ~ -~ o ~v >. c U J Y C ~~ :J :J C ti :J J J E y ~Q V A~A ~i 0 W 0 a C7 Z Z Q V LL _0 H Q J V J Q U L.J ~ ('~ !n Q" Q~ U 7 _ ~ l.. ~ to ~ ..O QI ~ ~ c3 ~ Q) c3 ~ u _ ~-' .~ 'u N bA QJ C1. _ ~ O ~ ~ ~ ~ ~ ~ ~ ~ _ ~ ~ a~ ~ .~ O v v ~ .~ ~. o o ~ ~ ` ~ ~ ~ ~ Q. c-1 v yr ~ ~ C v .~ ~ ~ ~ ~ ~ ~ ~ w0 ~ ~ ~ .~ ~ cn ~ n '.~ r'• ~ Q) ~ u ~ cs p- ~ a{ 4. • o ~ ~• ~ ~- u ~ .~ p- ~ ~ O ao ~ v , ~ o ~ o ~ ~ ~ ~ ~ o _ ~ _ ~ O ~'b _ ~ 'U ~ ~ ~ ;~ O ~ G ~ ~~, a, -ti 4=~ ~~o~ ~ ~ >, °" ~ ~ ~ ~ ~ ~ a ~ ~ a a 4. . ~ . . ~ ~ ~ 4-. V ~ u ~ ~' ~ o ~~ ~~o~ ,~ ~ o ~ O ~ 00 u ~ L ~ .~ ~ v O ~ ~ V ~ ~ ~ ~ fx U 4J p cn ~ V Cl, ~ O '-1 ~ f~l ~. 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QJ t,., n .~ ..C .~ 0 G 0 m v o~ c3 Q C :~ a_ V .~ :~ ~.. v .~ V Q O O V ~ a r~ ~n .n ,~ nr r~ ~n N r , o ~ ~, ~r oo r~ c~ ~ ~, ~m ~-r ~ ~ ~-r o ~ ~ GO ~ ~ d' 7' O ~ N C~1 N'1 c'(1 cY") ~ C'~l M 0~ C ~. 0~ A ~ .-+ r` ~ ~ r` r~ o N in ~n o0 o rte- v N ~ r, r~ r` m ~ ~r m ,~ ~ ~i G1 0 ~n ri ~ ~n C _ ` t- c `1 f ~ cr ~ O f ~ ~ V1 i i n N~ i ~ y ~ c~ v~ c~ . .--~ cr ,--~ f m ~7' ~ o m oo c0 v ~n ~-r ~ ~ ~ ~ ~ .,,, ~ h ~7' G\ `:Y ~ ~7' G~ ~~" "~ m m ,.~ ~ .n .n v yj o in o ~n o ~n o O ~ m m ~~ ~~ ~n .n v H N V .~ n w. O 4, >, •n c-S v 3 .~ ~. v 0 :~ 0 m v bA Q ~. c3 c~3 Q C :'3 a .~ c~ v J .~ V (ri O V C a ~ o 0o r` ~, r : r ~ - ~i ~, ~ ~ f~ O N ~ v ~ m ~r m m m m m m M ~ ~ M ~ o> d a o o r`~ .n .n ~ ~n ~ ~ v r` ~ oo ~r v ur 0., o .n o ~ r~ m ~ M ~ ~ ~ ~n ~n ~n O O v ~ m r` r~ .n m m M ~ N ~~ N o0 r` ~n r` ~ m M i G1 ~ r, ~ ~r n ,~ V1 r-i ~' n oo ~ o r~ .n ~ c~r ~ " ~-r r~ o c r~ ~ ~r r ~ ~ y m cry ~7 7 ~~ ~ ~ ,,,, o ~n o ~n o ~n o 0 ~ m m ~~ ~ ~n ~n v F >. 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V ~ O Ct. ~ '~ ~ 4J O fr.. ci '~ n r, C E-' cUd cs n C 'C QJ C~~ ~ v V p O ;~ 'U a" 4, . ~ c~ cn f ~ J O O U Cn Z O U Y O Q Z w Q W w z O 2 O Z Q ~ ~ J O J z ~ Q z Q ~ C~ G u.. 0 j~~ o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ~ U ~ J Z O U ~ ~ _ ~ ~ ~ ~ O U cA ~ o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 w Z O U Z > Q ~ ~ O J M ~ I~ T M OD O ~t O Q> I~ cD f~ ~ N f~ M M - (O M - r- O V 00 ~-- In d' Op O r Cp ~ O tn I~ ' O l - T N r N ~ cD O N CO '7 Ln .- I~ ~ ~ ~t O l!') (~ 00 N O OD O *- In I- 00 f ) rt CO .- O 1~ H CD O M (D CO r c0 N O~ (D ~ N 00 f~ V N N O O M (D r N M M ~ In In In Lf') In L!') In l!') In ~ v> >- M ~r rn ~n ~ cD V v rn rn rn o rn r o f- W 0 W V N T M ~ Ln M ~- In ~ O t0 (O O r .- I~ O W Q J> M M ~t N O O . 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N N N M N N cfl rn c0 N M O) O O) O d' z ~ O H O tD r ~ r O m N M ~ M d' In W ~ N op N r In r O r (D N (O M f~ 'Ct 00 lf') N f~ (D 40 N O d0 r ~ M M In ~ (SS J ~ ~ •- •= '- '~ T p ~ ~_ W ~ E Z O V CD d0 S O O N ~t O 00 O O G O ` U W Y O O ~ M N O In O In O (D O CO l1') U } ~ ~ O O 00 In M r M 0 I~ V ~ ~ OD O U ~ Q Q ~~ N OD O 1~ N ~ V f~ op M N M c0 O U ~ Q ~ ~ ~ (D (D (D r tf7 N O V In N In I~ CO Op ' O f~ In ~f CO CO O N N N N ~- O h l1 ) N W m •- N N N M M M M M M N N N ~ . - z ~ ~ J ~ ~ E O ~ Q LL ~ U W ~ o o fA M 00 r r Ln CD CO Op In M r (p M M N ~ ~ Z C~ O C O O O O M r 00 to f~ O N O O f~ ~ ~-- ~ W z O N l() O r M N r r r O O M 0 f~ v ` Y O lL 0 ~ ~ vi o o oi cD CD ri ui ui ~ oi co o ri co ~ O O ~ M 00 V V r O N ll') M N V O 00 N 1~ ~ ~ M r N 0 ~ z ` r V V CO Ln ~t N O 1~ Z ~--- ~ ~ C ~ N N M M v v v v ~ v ~t v M ~ ~ z W U > ~ W . a ~ ~ ~ O to ~ (D O M ~ N ' O ~ M O M In ~ }- O ~ ~, M ~ O r ~ to V r O N 00 f~ V 1~ 00 r (D I.f) r N O I~ In O (D N 00 *- U J ~ ~ v r~ ao ri ri T= c~T ~r .- O co Sri ~n cD C ~ W cn m CD N ~ N M ~ ' O N v a0 ~ r N ~ ~ ~ Q ro CO (D r r N V N N M l! ) V r (D Cb f~ (O M ~ ~-- O M N (D ~ 00 M r ~ C I~L.I r N ~ ~ U ~ C O ~ ~ 00 O O r N M ~ to CD 1~ CO O O r N .O ~ ~ O) 0 0 0 0 0 0 0 0 0 0 0 .- C } O O N N O O O O N O N N O N C ~ N c O U ~ ~+ U C N U N E F- p Z cW C Q aW w~ ~~ W W ~/ Z~Z O W Q'^ V! -~ Q J T~ /~'~( LL .i. 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CO (D CD (fl O CO d (D CO J Z O M d N (D O CD r to M M d0 00 OD O T ~ ~ N cp In N 00 r d ~ ~ ~ M Op rn r d ~ > " r r N N r " N d (D 00 O ~ ~ T ~ O U (n ~ N ~ CO d M r I~ N M ~ N Ur ~ ~ O M T .- M In 00 N O N M M d 0 F- O Z O M M O d O N r O N d ~ I~ N O W U M o0 cD d d cD ~ cD N f~ d O O N 0 Z ~ .~ (p O r ~ In C7 N W O O CO In O f~ I~ Q W N r T `'~ T r- T N N '- T ~O O M r ~ rn r r cD d M N M T I~ ~ O f~ ~ N ~ d N (~ u) O M (D 0p M O ~ ~ W f~ r d O ' d cD M N ~ d I~ M ~ - ~- (D I d (D N d O O T T CD In O N r r n J O d d f~ O d f~ d to I~ O O M O T Q Q d (O 1~ f~ d0 GO CO O O O T N N '- N ^ ' //~ VJ V/ T _ T r T T T T T d I~ N N '-' d M N T- N In r 0p N M d I~ M d f~ CO a0 O M r O M a0 Q1 T J Cp O M O M O ~ O l1) T M M I~ M (fl ~ ~ d 00 d0 M ~ CO ~ d CO (D N r CO d d ~ ~ d CO d0 O ~ ~ cD O d N r d O T CO CO OD 00 d0 ap Q~ Q~ O O O O O O t~ _ T T T 0 O u) (O 00 t~ O I~ (D M (O r- I~ d N M (~ W m M d d d ~ ~ N t~ r f~ t.f) 0 0 0 f-- ~ ~ [D O (D d d d 00 ~ ~ N N t0 CD O ~ ~ d 0 In •-- 1~ Ln ('7 N r ~ '-- ~ N d J In cD cD I~ f~ 00 O O T N M d ~ cD ~ ao ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ U d (~ d N (D d d d (D CD op CO d d d 0 0 r F-- d d 00 Q1 N M N (D Q O M f~ O Q~ T CO M f~ M d N r- N O M O O O N (D W W Q W +- O 00 N N CO T T r- ' (p In .- O CO O W Z d T O N O r 00 T O T O N T N CO N l1 ) N lC) N OO N r M OD N CO N 00 N ~ W m ~ op O O r N M d ~ (D I~ CO O O T N Q Q » O O O O O O O O O O *- ,-- T uJ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 } T T N N N N N N N N N N N N N a c 0 U m 0 C cS3 O Q z U W Y O Z 0 z z ~ W Z W W W ~ ~ W F- W Z W ~_ J Q d t"' z W J W W Z LL m Q (~ z 0 O O RS C O t0 ~ ~- O M M (D V T I~ In M O B ~ O CO o0 t~ CO N t~ ~ N d' f~ M lf) ~} O M M tD N O M ~t N CO ~ M ~ t!') O I~ O 00 ~ N M (O ~t ~ f~ (D In d0 to ap O N ~t c0 00 O +- N M M ~ ~t Q~ ~ ~ r ~ *- N N N N N N N O ~ 00 N M M d' (O T *- CO O M O ~t tf) O M O ~ 00 r O r N 'cY ~ N r- O N r ~ 1~ M N N f~ V ~ I~ ~ l!7 ~ I~ M A O •- In ~ ~ O M ~ ' O N (D ~ r ~ (D 1~ M O T M ~ V l! ) In CO CO Q~ r T T T T T T T C O V' (D N N d' N ~ CO O O 0p ~t N CO ~ 00 t~ N O ~ d0 N ~ N ap O O ~ Y ++ CD O I~ tf~ (D O f~ (D M CD M ~ N ~i' _ C r r 0 ~- M M '- 0 7 0 M N CO f~ C ' ' N T M t1 ) In l1 ) In (O (O f~ 1~ f~ ~ 00 00 CO cn a cA O ~ (D o0 f~ O f~ CD M (D T I~ ~ N M C M V ~i V to tf) N I~ T f~ In O O O O CO O (D ~t ~ ~ 00 ~ I~ N N CO CD O j V' O A T f~ ~ M N T T T r- N ~ ~ to (D CO f~ f~ 00 O O T N M ~t ~ (D ` c0 CO (D (O CD (D CO f~ f~ f~ f~ f~ f~ f~ C O U 0 o cD ~r T rn co ao co v T r u~ oo rn ~ O (~ CO 1~ CO N 1~ to N ~ f~ M ~} O M M (D N O M V In CO ~ M '~ ~ O O ~ M M ~ N M CD ~t ' ~ ' f~ CO In m M O) 0p ~ t!7 cD CD V V M 00 N ~ Ln M O N K cD 00 O .- N M M ~ Q~ r ~ r r T N N N N N N ~ 00 Q1 O r N M d ~ CO f~ d0 O O r- N ~ O O O O O O O O O O O O T T '- O Q) O O O O O O O O O O O O O ~ '- r N N N N N N N N N N N N N O N U C N U N E N r O N Z CW G W Q W a~ w~C7 W ~_ ~ ~ ~ Z W ~ O O Q v! V O Z W = Z ~a~ W ~ Y ~ O W Z Q U ~ W /0 I.V a r r O N O r O N O O O N M 0 0 N n 0 0 N O O O N N O O N O O N M O 0 N N O O N b 0 N O O O N r O '-' O O O O O O O O O O O O O O O O O Q O In O l!~ O In M N N r r VJ Z W C Q za ~~ ~w Q Z aW (~ CW W V C 0 Z ~ ~ O Q ~.~. O Q v/ cc C ~OWz W W ~ Y ~_ Z ~ Q Q W ~_ J a N r O N r r O N _O O N 01 O O N 0 0 N O O N ~D O O N N O O N O O N M O O N N O O N r O O N O 0 O N O Q1 O r O O O \° r O 0 0 0 o v o 0 O O O O ~ C1 N r jllllillllllillll111iIIIUilllillilllilllli1611lfllllllllllliliilllllilUilfflfllffiffflfffffflfllfffffifflflftlflftllflllllllilll,~.(,~ o c e r AGENDA ITEM NO. ,, .` .~ r s ~ ... ~_ PUBLIC HEARING ORDINANCE _~ ZENS COMMENTS ~ ~ s ~ ~~ 0 ~~ r SUBJECT: .. e 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 s 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, ,_, w 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 anly, Questions of clarification may be entertained by the Chairman. e ... _.. v ® Ail :comments must be directed to the Board. Debate- between arecognized speaker and audience members is not allowed. i Y~ ~~ e ~. Both speakers and the audience will exercise courtesy at all times. e ® ~ Speakers are requested to Leave any written statements and/or comments -= wath the clerk. ~° ® INDIVIDUALS SPEAKING ON BEHALF OF AN ORGANIZED GROUP c SHALL FILE WITH THE CLERK AUPHORIZATION FROM THE GROUP ALLOWING THE INDIVIDUAL TO REPRESENT THEM. .,... m. _. _ FLEASE PRINT LEGIBLY AND GIVE TO THE CLERK i ~~ i O1 ~~ o ~~ o.. a,~ ., i~ o~ .s ~~ ~~ ~~ ~ r~ as ~ ~~ ~~ mllllllllllllllllllllllll1111((1[I111111111(1(11Illllllllil((11111111111111(I11111(111(IIIIIIII1111iI(Illlf (1(1I111111f1Ii1(111IIm Uuuunuttltuu-uulut[nntullnuttn-uu--u'-Il-tttit-1111lIililllllltitlttttltttltlttltlllllttlllllttllflltllfllilll,~ - _ _ _ AGENDA ITEM NO. -_ ~~~ ~~ REQV~~~ PUBLIC HEARING ORDINANCE ~f CITIZENS COMMENTS SUBJECT: . ~ ~ C=IA r . . ~ e 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: c ® Each speaker will be given between three to five minutes to comment = whether speaking as an individual or representative. The Chairman- will decide the time Iimit based on the number of citizens speakin on an issue, s and will enforce the rule unless instructed by the majority ofgthe Board to do otherwise. . _ ® Speaker will be limited to a presentation of their point of view only. ,= Questions of clarification may be entertained by the Chairman. ,_ :: ® All comments must be directed to the Board. Debate between arecognized = . =- speaker and audience members is not allowed. ~ _ s ~~ .e ~ Both speakers and the audience will exercise courtesy at all times. .~ - ~ ._ ® Speakers are requested to leave any written statements and/or comments vnth the clerk. __ ,= ® INDIVIDUALS SPEAKING ON BEHALF OF AN ORGANIZED GROUP _ SHALL FILE WITH THE CLERK AUTHORIZATION FROM THE GROUP ,-. v ~ ALLOWING THE INDIVIDUAL TO REPRESENT THEM. ._ _.. .-.. -- PLEASE PRINT LEGIBLY AND GIVE TO THE CLERK ~ c ~. a ~~ s. ~ ~. o ~~ ~~ ~. a~ ~~ ~~ s ~n ~. s~ ~~ s _ ~ ~~ ~~ ~II111111111111Illlllllilllil111111111lIlll{1f11I111111111111111111111111111111f11(llllllllllllillllllilllilillilllllltlllitll111~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON SEPTEMBER 22, 1998 RESOLUTION 092298-9 CERTIFYING EXECUTIVE MEETING WAS HELD IN CONFORMITY WITH THE CODE OF VIRGINIA WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened an executive meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of The Virginia Freedom of Information Act; and WHEREAS, Section 2.1-344.1 of the Code of Virginia requires a certification by the Board of Supervisors of Roanoke County, Virginia, that such executive meeting was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, hereby certifies that, to the best of each members knowledge: 1. Only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the executive meeting which this certification resolution applies, and 2. Only such public business matters as were identified in the motion convening the executive meeting were heard, discussed or considered by the Board of Supervisors of Roanoke County, Virginia. On motion of Supervisor Johnson to adopt the Certification Resolution, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None A COPY TESTE: ~. Q!,C.e.~Ci~/ Mary H. Allen, CMC/AAE Clerk to the Board of Supervisors cc: File Executive Session I' ACTION N0. ITEM NUMBER S - C AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 22, 1998 AGENDA ITEM: Time reserved for citizen input related to the rezoning of Home Depot COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: This time has been reserved for citizens of Roanoke County to speak to the Board on the Home Depot rezoning. Many people have written and called expressing their dissatisfaction with the Board's reconsideration of the zoning without allowing the people an opportunity to express their concerns. Attached is the information that was presented to the Board of Supervisors at the August 18 public hearing. So everyone is clear on the steps that have been taken, they are recapped below for your information: July 14, 1998: The Board of Supervisors initiated the rezoning to C2 and referred it to the Planning Commission for their evaluation. July 28, 1998: The request was included in the Consent Agenda, notifying the Board that the request was scheduled for a Second Reading and public hearing. August 4, 1998: The request was submitted to the Planning Commission and a public hearing was held. Eight citizens spoke at the public hearing. No vote was taken and the Planning Commission scheduled another meeting for August 17, 1998. August 17, 1998: The Planning Commission held another meeting on the issue and recommended approval of the rezoning to the Board of Supervisors. Thirteen citizens spoke at this meeting. August 18.1998: The Board held a public hearing and voted to deny the petition. Twenty four citizens spoke at this meeting. September 8, 1998: The Board voted to reconsider the request and subsequently voted 5~ ~_ to approve it. It is likely that many people will want to speak FOR and AGAINST allowing Home Depot to build on the site. Thy meeting does not satisfy the requirements of a public hearing because it was not advertised as such. An additional public hearing is not required but may be allowed by the Board if you wish. The Public Hearing on August 18, 1998 satisfies all legal requirements. The steps for reconsideration were followed according to established County procedure. Staff will be prepared to answer questions and make a presentation, or this can be done at the next public hearing if it is scheduled . A majority vote not to hold an additional public hearing, leaves the project approved as it is now. A majority vote to hold an additional public hearing, authorizes staff to advertise and schedule a meeting and public hearing for the evening of October 13, 1998. 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 _ ~,'~ PETITIONER: ROANOKE COUNTY BOARD OF SUPERVISORS CASE NUMBER: 27-8/98 S Planning Commission Hearing Dater August 17, 1998 Board of Supervisors Hearing Date: August 18, 1998 A. REQUEST Petition of the Roanoke County Board of Supervisors to rezone approximately 20 acres from R-1, R-2 and C-2 conditional to C-2, General Commercial for the purpose of general retail and service uses, located in the vicinity of Brambleton Avenue (Route 221) and Electric Road (Route 419), Cave Spring Magisterial District. B. CITIZEN COMMENTS Michael Naughton, Hal Jones, Connie Sanders, Nettie Hale, Paul Bell, Doug Basham, Patricia Meador, Suzanne Seth, Ray Williams, Laurie Peery, Barbara Hansell expressed opposition to the request. Specific concerns cited included traffic impacts on Route 419, displacement of existing businesses, lack of buffering for residences, displacement of the "last black community" in Roanoke County and the manner in which the residential properties were secured, i.e., residents felt they had no choice but to sign over their property, flooding of Mudlick Creek, development will substantially reduce property values, safety of children, a small residential community will be exposed to Route 419 and Brambleton Avenue, lighting impacts, and noise impacts. Mr. Basham and Ms. Meador presented petitions with over 500 signatures of people in opposition. Ms. Peery read aloud a letter from Rev. Sanders of Hidden Lane, expressing his opposition to-the request. [Note: Copies are available in the Clerk's office.] Allan Ham and Mike Clearey expressed their support of the project commenting that more commercial development is needed. Ed Natt represented owners of the property and responded to concerns. C. SUMMARY OF COMMISSION DISCUSSION After the close of public comments, the Commission held a work session to discuss various aspects of the proposal including impact on adjacent property owners including the Hidden Lane properties, the realignment of Westmoreland Drive, buffering of adjacent residential properties, stormwater management issues, noise associated with truck loading and external speakers, lighting, signage, the architectural design of proposed retaining walls, color of the building, and the need for a completed traffic impact study prior to taking action on the request. Jeff Echols from VDOT and Steve Barger from Roanoke County provided the Commission information on plans for traffic signalization, road realignments, and .possible stormwater designs. The Commission discussed and agreed that, if rezoned, the areas near Hidden Lane designated "optional rezoning area" should be rezoned to C-1, General Office District. D. CONDITIONS OF APPROVAL The Commission stated that any approval of this request should be contingent upon the acquisition of the land by Home Depot Inc. and further agreed that the effective date of the ordinance should be 30 days after Home Depot Inc. becomes the fee simple owner of the property, and thereafter agrees in writing to the following conditions: 2S_ 1) Westmoreland Drive shall be realigned and redesigned to provide for certain traffic control measures that will prevent commercial traffic from entering the residential neighborhood adjoining the real estate identified in Table 2. 2) The intersection of the realigned Westmoreland Drive and Brambleton Avenue shall be located to create afour-way intersection between Westmoreland Drive and the private drive serving Cave Spring Corner Shopping Center. 3) A 20-foot wide buffer strip shall be located on the Home Depot property along the common property lines with Tax Parcels 77.13-5-53, 54, 55, and 56. A six-foot stockade fence shall be installed within this buffer. A private access drive serving the above-referenced parcels shall be allowed to be constructed within the buffer. 4) Final site plan for the Home Depot site shall designate a "truck waiting area" located in front of the building. All trucks shall remain within the "truck waiting area" between the hours of 10 p.m. and 6 a.m. 5) Sound from any speaker located on the exterior of the building or within the Garden Center shall not exceed 65 Dba at any residential property line. 6) No parking lot pole lighting shall exceed 22 feet above grade. 7) No off-premises advertising signs shall be allowed on the property. 8) The maximum height of any free standing sign installed on the property shall be measured from the base elevation of the abutting road grade nearest the sign. 9) All retaining walls constructed on the property shall be constructed of split-faced architectural block. 10) The property shall be developed in general conformance with the conceptual site plan entitled "The Home Depot South Roanoke, Virginia, VA-71 e" dated 3/20/98, revised through 8/14/98. 11) The developer shall prepare and the Virginia Department of Transportation shall accept a traffic impact study of the proposed use prior to the approval of final site plans for the project. E. COMMISSION ACTION(S) Mr. Witt moved to recommend denial of the petition with conditions. The motion failed with the following roll call vote: AYES: Thomason, Witt NAYS: Robinson, Ross, Hooker ABSENT: None .~~`A/ 3 ~, `, Mr. Ross moved to recommend approval of the petition with conditions. The motion carried with the following roll call vote: AYES: Robinson, Ross, Hooker NAYS: Thomason, Witt ABSENT: None F. DISSENTING PERSPECTIVE Mr. Witt commented that although the area was designated Core in the comprehensive plan he was very concerned with the scale of the proposed building, and the traffic impacts that will result at the 419/221 intersection as a result of the approval of the request. He stated that the county needs to adopt additional policies and standards for "big box" retail uses, so that future requests can be adequately evaluated. G. ATTACHMENTS: _ Concept Plan _ Vicinity Map _ Staff Report ther Terrance Harri on, Sec ary Roanoke C my Planning Commission '~ - ti:'' AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, S / VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, AUGUST 18, 1998 ORDINANCE TO CHANGE THE ZONING CLASSIFICATION OF A 20-ACRE TRACT OF REAL ESTATE LOCATED IN THE VICINITY OF BRAMBLETON AVENUE (ROUTE 221) AND ELECTRIC ROAD (ROUTE 419) IN THE CAVE SPRING MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF R-1, R-2, AND C-2 CONDITIONAL TO THE ZONING CLASSIFICATION OF C-1 AND C-2 UPON APPLICATION OF ROANOKE COUNTY BOARD OF SUPERVISORS WHEREAS, the first reading of this ordinance was held on July 28, 1998, and the second reading and public hearing were held August 18, 1998; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on August 4, 1998; and WHEREAS, legal notice and advertisement has been provided as required by law. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the zoning classification of a certain tract of real estate containing 20 acres, as described by tax map numbers herein, and located in the vicinity of Brambleton Avenue (Route 221) and Electric Road (Route 419) in the Cave Spring Magisterial District, is hereby changed from the zoning classifications of R-1, Low Density Residential District; R-2, Medium Density Residential District; and C-2, General Commercial District, Conditional, to the zoning classification of C-l, Office District, and C-2, General Commercial District. 2. That this action is taken upon the application of the Roanoke County Board of Supervisors. U:\WPDOCS\AGENDA\ZONING\HD.RZN 1 r- 3. (A) That the zoning classification of the real estate described by tax map number in Table 1 is changed to the zoning classification of C-1, Office District as follows: TABLE 1 - C-1 - OFFICE DISTRICT Part of 77.13-5-12 Part of 77.13-5-61 77.13-5-57 77.13-5-54 77.13-5-56 77.13-5-55 77.13-5-53 77.13-5-5?.. 77.13-5-58 (B) That the zoning classification of the real estate described by tax map number in Table 2 is changed to the zoning classification of C-2, General Commercial District as follows: TABLE 2 - C-2 - GENERAL CorIl~lLSRCIAL DISTRICT 77.13-5-31 77.13-5-30 77.13-5-35 Part of 77.13-5-37 77.13-5-39 77.13-5-38 Part of 77.13-5-40 77.13-5-43.1 77.13-5-47 77.13-5-48 77.13-5-49 77.13-5-60 77.13-5-51 77.13-5-50 77.13-5-43.2 77.13-5-58.1 77.13-5-62 77.13-5-59 Part of 77.13-5-61 4. That this ordinance shall be in full force and effect thirty (30) days after (i) Home Depot becomes the fee simple owner of the real estate described in Paragraph 3 (B), Table 2 of this ordinance and (ii) Home Depot subsequently agrees in writing to the following conditions pertaining to the design and use of the site: (A) Westmoreland Drive shall be realigned and redesigned to provide for certain traffic control measures that will prevent commercial traffic from U:\WPDOCS\AGENDA\ZONING\FID.RZN 2 .~*~ ,s'" entering the residential neighborhood adjoining the real estate identified in Table 2. (B) The intersection of the realigned Westmoreland Drive and Brambleton Avenue shall be located to create a four-way intersection between Westmoreland Drive and the private drive serving Cave Spring Corner Shopping Center. (C) A 20-foot wide buffer strip shall be located on the Home Depot property along the common property lines with Tax Parcels 77.13-5 -53, 54, 55, and 56. A six-foot stockade fence shall be installed within this buffer. A private access drive serving the above-referenced parcels shall be allowed to be constructed within the buffer. (D) Final site plan for the Home Depot site shall designate a "truck waiting area" located in front of the building. All trucks shall remain within the "truck waiting area" between the hours of 10 p.m. and 6 a.m. (E) Sound from any speaker located on the exterior of the building or within the Garden Center shall not exceed 65 Dba at any residential property line. (F) No parking lot pole lighting shall exceed 22 feet above grade. U:\WPDOCS\AGENDA\ZONING\FID.RZN 3 s -/ (G) No off-premises advertising signs shall be allowed on the property. (H) The maximum height of any free standing sign installed on the property shall be measured from the base elevation of the abutting road grade nearest the sign. (I) All retaining walls constructed on the property shall be constructed of split-faced architectural block. (J) The property shall be developed in general conformance with the conceptual site plan entitled "The Home Depot South Roanoke, Virginia, VA-71e" dated 3/20/98, revised through 8/14/98. (K) The developer shall prepare and the Virginia Department of Transportation shall accept a traffic impact study of the proposed use prior to the approval of final site plans for the project. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed to amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. 5. That it is hereby declared to be the intention of the Board of Supervisors that the provisions of this ordinance are not severable, and if any portion or provision of this ordinance shall be declared unconstitutional or invalid by a valid judgement or U:\WPDOCS\AGENDA\ZONING\HD.RZN 4 i~~ ~~/ decree of a court of competent jurisdiction, this ordinance shall be null and void in its entirety. U:\WPDOCS\AGENDA\ZONING\HD.RZN 5 S-/ Roanoke County Department of Community Development Memorandum TO: Board of Supervisors FROM: Terrance L. Harrington, AICP County Planner DATE: August 14, 1998 RE: Planning Commission Review of Brambleton Ave/Route 419 Rezoning Request; Preparation of Draft Ordinance As indicated in their transmittal report to you, the Commission will prepare a recommendation on this rezoning request at their meeting on Monday August 17th. On Tuesday morning, Paul Mahoney and I will incorporate the Commission's recommendation into a draft ordinance. We will distribute the ordinance to you prior to your 3:OOpm session on Tuesday. Please let me know if you have any questions. c: Paul Mahoney PETITIONER: ROANOKE COUNTY BOARD OF SUPERVISORS ~~~- "° CASE NUMBER: 27-8/98 ,S '" Planning Commission Hearing Date: August 4, 1998 Board of Supervisors Hearing Date: August 18, 1998 A. REQUEST Petition of the Roanoke County Board of Supervisors to rezone approximately 20 acres from R-1, R-2 and C-2 conditional to C-2, General Commercial for the purpose of general retail and service uses, located in the vicinity of Brambleton Avenue (Route 221) and Electric Road (Route 419), Cave Spring Magisterial District. B. CITIZEN COMMENTS Doug Basham, Betty Mengel, Suzanne Seth, Christine Vaughan, Vernon Jolley, Lee Eddy, Robert Hearn, and Lori Peery expressed opposition to the request. Specific concerns cited included traffic on Route 419, impact on adjacent and surrounding residential communities, effect on vitality of other small businesses in the Brambleton/419 Corridor, safety of children on Westmoreland, lighting impacts, noise impacts, and crime impacts. Several residents stated that a cut-de-sac on Westmoreland was critical if access to Westmoreland was approved. One resident expressed concern for the integrity of the water system on View Avenue, expressing fear that it would be endangered by the development. One citizen also expressed concern over the secrecy of the request, and the speed with which it was progressing. C. SUMMARY OF COMMISSION DISCUSSION The Commission'agreed to defer discussing or acting on the request until after a work session. The Commission scheduled a work session for August 17 to discuss the request and make a recommendation to the Board. D. PROFFERED CONDITIONS None were discussed at this meeting. E. COMMISSION ACTION{S) Mr. Witt moved that the public hearing for this item be closed and suggested that a work session for further discussion and action be held on August 17, 1998 at 3:OOpm. The motion carried with the following roll call vote: AYES: Robinson, Ross, Hooker, Witt NAYS: None ABSENT: Thomason F. DISSENTING PERSPECTIVE None. G. ATTACHMENTS: _ Concept Plan _ Vicinity Map _ Staff Report -Other Terrance H ingtQ ,Secretary Roanoke ounty tanning Commission S- ~ STAFF REPORT Case Number: 27-8/98 Prepared by: Janet Scheid T. Harrington Applicant: Roanoke County Board of Supervisors Date: August 4, 1998 PART I A. EXECUTIVE SUMMARY The request to rezone a 20+ acre site to C-2, General Commercial is consistent with the Roanoke County Comprehensive Plan Future Land Use Map designation of Core. The specific use or uses of this site have not been disclosed as of the preparation date of this report. Therefore, detailed information is not available on specific neighborhood or community impacts, traffic, environmental concerns, grading, lighting or signage. This report has been prepared making the assumption that the future use of this site may be for a single large retail use. B. DESCRIPTION OF PETITION This is an unconditional request from the Roanoke County Board of Supervisors to rezone approximately 20 acres from R-1 and R-2 Residential and C-2 conditional to C-2, General Commercial. The property is located within the Cave Spring Magisterial District. This request has been initiated by the .Board of Supervisors to facilitate the siting of a commercial user or users on the property. At the time of preparation of this report, no public announcement has been made regarding the specific nature or identify of the future use(s). C. APPLICABLE REGULATIONS 1. C-2 is a general commercial zoning district, allowing a full range retail and office type uses. Any of the uses permitted by right in the C-2 district would be allowed on this site. In addition, C-2 special uses could be permitted on the site in the future, if subsequently permitted and approved by the Board of Supervisors. 2. Due to the size and location of this site, the Virginia Department of Transportation will require a traffic 1 .~ ~_ f analysis of the impacts of the proposed use(s). VDOT / will thereafter specify what road improvements, if any, are necessary prior to use of the site. Based on the current schedule for this rezoning request, this traffic analysis would be completed subsequent to the Board of Supervisors taking action on this request. 3. All Roanoke County stormwater management regulations will apply. Current regulations generally require the on-site detention of stormwater. 4. Site plan approval will be required prior to issuance of any building permits. 5. Commercial entrance permits will be required from VDOT. 2 PART II A. ANALYSIS OF EXISTING CONDITIONS s- / 1. Lot Area - The site is an assortment of some 27 individual lots totaling approximately 20 acres in size, 2. Location - The site is located on Rt.419 (Electric Road). It includes the Springwood Park commercial center and the property directly behind this shopping center extending to Westmoreland Drive on the northwest corner. The site has approximately 1000 feet of frontage on Rt. 419 and approximately 110 feet of frontage on Westmoreland Drive. The site also includes Hidden Lane, a private road that has historically served as the access for many of the existing homes on this site. 3. TopoclraphX and Vegetation- Significant grade changes are present on the site. Current elevations vary by as much as thirty feet between the Route 419 and Westmoreland property boundaries. Development of this site for any additional commercial uses will likely entail significant grading of the property. The undeveloped portions of the site are primarily wooded. 4. Buildings~Structures - There are approximately 10 houses houses on this property and 21 businesses. These businesses are located within the two commercial buildings comprising the Springwood Park Shopping Center .It is staff's understanding that the owners of all of the parcels designated as "rezoning area" on the attached map, have signed purchase contracts agreeing to the sale of their land. The attached site map also depicts those properties that are "optional" in this rezoning request. Although these properties are not apparently needed by the unidentified commercial user for the development of the site, their inclusion in the rezoning request eliminates irregularities in the zoning district boundaries in this area. Approval of these optional properties will also allow the future marketing of these sites for commercial development. 5. c ss - Based upon available frontage along public roads, access to this site is from Rt. 419, and Westmoreland Drive. Although the adjoining properties on Brambleton Avenue are zoned C-2, there is no proposed direct access to (Route 221) Brambleton Avenue. It is the staff's understanding that no Brambleton Avenue lots have been included in this request because (1) these properties are already zoned C-2 commercial, and (2) the proposed developer 3 ~~ +~ of this site has not yet secured purchase options on any of these Brambleton Avenue properties. 5. Surrounding Neighborhood- The surrounding neighborhood is a mixture~of residential and commercial uses. Westmoreland Drive abuts the site to the North and East. Westmoreland is part of a residential community platted in the early 1930's. Many of the homes in this area were built during the 1940's with some home construction continuing into the 1970's. Westmoreland Drive connects to a series of similar, older, residential streets allowing access to Manassas Drive and eventually Colonial Avenue. Commercial development lies generally to the West and South of this site along Brambleton Avenue and Route 419. Commercial uses include the Cave Spring Corners shopping center and the smaller commercial uses along the other side of Brambleton. Land directly across Route 419 is developed for a bank and office park uses. B. ANALYSIS OF PROPOSED DEVELOPMENT 1. i~ gs - If the rezoning is approved, and the proposed developer proceeds with the development, the future use of this site will be one of the permitted uses in the C-2 district. The positive and negative impacts of any particular proposed development on the community will be vastly different depending on the nature and characteristics of the proposed use. Due to the lack of specific, detailed information about the proposed use, staff has prepared this analysis using an assumed scenario that the ultimate use of this property will be for a large retail store of approximately 130,000 square feet in size. Using this assumption, allows the staff to identify possible site and operating characteristics for a particular use. Staff has done the following analysis of potential impacts based on this scenario: 2. Access to Site - The primary access to from Rt. 419, with major customer acce location. Secondary access to the site Westmoreland Drive. This access could alternative customer entrance/exit and point for delivery vehicles supplying this site will be ss assumed at this would be from serve as an a primary access the retail use. The construction of a large retail store at this site would, 4 ~~ based upon preliminary discussions with VDOT, require new ~ _ / traffic signalizations at major points of access to the property. It is assumed that new traffic signals would be required at the point of access on Route 419 and at Westmoreland Drive and Brambleton Ave. If a traffic signal is required east of the intersection of Rt. 221 and Rt. 419 it may necessitate the closing, and possible relocation, of the existing crossover that provides access to the bank on the southeast corner of Rt.. 419. The proposed use of Westmoreland Drive, a residential street, is not highly desirable as a second access point to an intensive commercial use. Use of Westmoreland Drive could only be appropriate if certain traffic control measures, such as a cul-de sac, or similar device were incorporated into an improved Westmoreland Drive design. Such improvements would insure separation of the commercial traffic from this neighborhood, but would also prohibit neighborhood residents from future direct access to Brambleton Avenue. County engineering staff have prepared several road plans for the redesign of Westmoreland Drive. One or more of these plans calls for the construction of a cul-de-sac just east of the Westmoreland Drive access point so that commercial traffic would not have direct access to the neighborhood. This design would also alleviate the potential for cut-through traffic and could reduce many of the negative impacts this access point would have on the Westmoreland Drive neighborhood. A more appropriate second access for this proposed development would be directly from Brambleton Avenue. As of the preparation date of this report, direct assess to Brambleton is not proposed. 3. Topography and Grading - Based upon the existing topography of the site, development of the site for a large retail use will require significant grading to create a "flat" building pad and parking areas. As was recently done on the adjacent "Rite Aid" site, grading will likely involve the significant removal of dirt from the site. Also, because of the existing elevations of properties along Westmoreland, and the lower elevation of Route 419, it is assumed that significant retaining walls along the rear of the property and along Route 419 will be necessary in order to achieve grades and building areas necessary for development. 4. Circulation and Parking - A retail building of the size assumed in this analysis would require an area of equal or greater size for parking spaces and circulation aisles. A 130,000 square foot retail building would require 5 approximately 570 parking spaces. This number may vary and ~-/ ultimately depends upon the exact nature of the retail business. Due to the retail nature of this use, it is assumed that the parking will be primarily in front of the building. 5. Traffic Count - A retail use of this type would be a large traffic generator, in the range of 5,000 new vehicles trips per day. This estimate is based upon a recently completed traffic study for another large commercial retail use in Roanoke County. Ultimate traffic volumes generated will depend upon many factors including size of the building, nature of product or products sold, single or multiple tenants, and the degree to which the retail_ user(s) generate new traffic or "capture" existing traffic already in the corridor. Current traffic count at the intersection of Rt. 419 and Rt. 221 is 55,000 vehicles per day. 6. Public Services - Public water and sewer are available to this site. Final design of such systems to serve this development will be undertaken as part of site plan review. 7. Community Meeting - A community meeting was held on July 27, 1998 at the Brambleton Center. Approximately 100 citizens attended. Many expressed concern about the unknown commercial uses and impact on their adjoining neighborhood. Many residents of Westmoreland expressed concern about cut through traffic and some were interested in constructing a cul-de-sab on Westmoreland Drive just east of the access to the rezoning site. C. CONFORMANCE WITH COUNTY COMPREHENSIVE PLAN The site is designated Core on Future Land Use Map. The draft currently being reviewed by the this area as suitable for "Core" uses in the C-2 zoning district designation. .he 1985 Roanoke County 1998 Future Land Use Plan Commission also designates development. The permitted are consistent with the Core The 419 Frontage Development Plan, adopted as part of the Roanoke County Comprehensive Plan in 1987, continues to show portions of this area designated as Core. In addition to the basic land use designations, the 419 plan makes several policy recommendations concerning development in the Rt. 419 corridor. These policies include minimizing signage, screening parking areas, siting small scale buildings, landscaping, analyzing traffic impacts, protecting steep slopes, maintaining tree coverage and controlling stormwater runoff. 6 Given the lack of specific knowledge about the proposed use or site design, staff can not undertake a detailed analysis of the conformity of this proposal with the specific Route 419 components of the Plan. PART III STAFF CONCLIISIONS The request before the Planning Commission is to rezone approximate 20 acres to C-2 to allow the commercial development of the site. Specifics regarding the nature, scale or design of the proposed commercial use(s) is not available to be considered as a factor in the Commissions' evaluation of this request. ,~' The analysis in this report has made the assumption of a single, large retail store. Such a development would conform to the basic comprehensive plan future land use plan designations which indicate that intensive commercial uses are appropriate in this part of the Route 419 Corridor. Determining compatibility with the design guidelines contained in the Route 419 Frontage Development Plan is difficult given the lack of specific knowledge about the proposal. Tf proffers or another type of design controls could be incorporated into this development proposal, such proffers could help to insure that the future development of the property could address some of the design issues contained in the Route 419 Frontage Development Plan. If the Planning Commission chooses to recommend approval of this rezoning request staff makes the following recommendations for the Commissions' consideration: 1. That the rezoning of this property to C-2, General Commercial is recommended for approval based on the site being used for one large retail store. If any other use is proposed for this site, including any other C-2 uses, then the request will either (1) be withdrawn by the Board of Supervisors, or (2) be referred back to the Planning Commission for their consideration, review and recommendation. 2. That the use of Westmoreland Drive as a commercial access point to this site will not be allowed unless the affected portions of Westmoreland are redesigned to insure that commercial related traffic is prohibited from entering the residential portions of Westmoreland. 3. That the Board obtain from the proposed developer sufficient and legal guarantees pertaining to the development of the site. These guarantees would insure that the proposed development of the site would minimize impacts on the adjacent residential areas 7 ~" i.+' pertaining to items such as noise, traffic and buffering. In ~ - addition, such guarantees could address design elements such as landscaping and signage in the hope that the proposal could conform to many of the design recommendations contained in the Route 419 Frontage Development Plan. 8 c. o N v a ~ ~ o ~!. ~ ~ .~ txi ~ .° G o ~ ~ ~ ~ ~ +~ o ~ N a +~ z ~' Q 0 z ~m U m A ,!C ~ O p ~ m ,q o o,~ A D {C~,~C 9 0 4 61 P. C7 COUNTY OF ROANOK~ DEPT. OF PLANNING AND ZONING 52o~i Bernard Dr.--, P.0. Sax 298Q0 Roanoke, VA 24018 15~a, 772-2os8 Fix c5'~a 1772-2 ~ a8 da~fe recaived;" received by: ,~ apolication fee: AC(BZ.~ date:;; II ~~;. ~- r placards issued: II QS da;e: Case Number: 1 s~r^~//.7~ :;, :,~:: ir;::~ ''~iiiiiisi!sissi,;iiiii~;iii}iiiii'ssi`~EE~iiii~+''•i•"•ii~~i~`:!~`Is~iii i!i~i~i"is~':'iEil;i~~;i i': iiii~?i i f'i I hf ck type of application filed {check all that apply}; C ~ L~ REZONING ^ SPECIAL USE ^VARIANCE Applicant`s name: ~~~5~ +~.~~', , n~~~ Ur S J~ :2-~t5~p~ Fhcne:-x'73--~~~~ ~ Address: ~ ~, ~~~ oZ`'l ~~ K-~~UO~'~~. 1 r ~ Zip Code: V~ a Owner's name: `/~to~a Q~L:~~S ~~ Phone: Address: Zip Cade; Location of property: Tax Map Number: r M i l Di i t: i t ' ag s r c ster a .~ C~.~~~ ~~ C(~-~-- a-a~ c~--ra4 cs~-~~- -~ ~-~ ~- L~ ~~~ .~r~~ 4 Community Planning Area: ~~ _ ; Size of parce! {s): Existing Zoning: Q,-a t (Z-~ C/ri~. ~=~ G N,~ ~.C"~ acres Existing Land Usa: /L '~t~~ e-nC~ v2„ ~,'~~ sq.ft. r ~ .;.: :: ~:: ::_:: T:-: ~: {i. ~a •~:~I . Proposzd Zoning: C ~, ..,.. .. ........i ~r staff Usa on(v Proposed Land Use: ~,~~~`~~~_ ~~? ~ ~~~ use Type: I Does the parf e( meet the minimum lot area, width, and frontage requirements of the requested district? YES f/ NO IF NO, A VA:~(A.NCE (S REQUIRED FIRST. ~ NG Does the parce! meet the minimum criteria far the requested Usa Type? YES {F, N0, A VARIANCE IS REQUIRED FIRST. • if rezoning request, are conditions being proffered with this request? YES NO .;,:::;- •;:;:;: .~ i ii:i? iii;::: i. i is i i is . €~~i ~~~i . ~' t': :II Variance of Section(s) of the Roanoke County Zoning Ordinance in order to: Is the application complete? Please check if enclosed. APPLICATION W(LL NOT 8E ACCEPTED IF ANY OE THESE ITEMS ARE MISSING OR INCOMPLETE. era/v tvn v rus v Consultation 8 1 /2" x 1 1 " concept plan P.ppficatien fee '~ Application `~ ~'""' Me*.es and bounds description acw Proffers, if applicable Justification ? Water and sa<<ver application Adjoining property owners I hereby certiry Thar / am either the owner or` the property or the owner's agent or contract purc.~aser and am acting with the knowledge and consent of the owner. Owner's Signature: Applicant R nannka ~ni,nt~~ M o~zd1a~-~ P " The Planning Ccmmission will study rezoning and special use permit requests to de*,errnine the need and justification far the change in terms of public health, safety, and general welfare. Please answer the following questions as thoroughly as possible. Use additional space if necessary. ' Please explain how the request furthers the purposes of the Zoning Ordinance (Section 30-3) as well as the purpose found at the beginning of the applicable zoning district~ciassification in the zoning ordinance. This rezoning request furthers the purposes of the zoning ordinance by creating a location for new commercial retail and service uses that serve the needs of the citizens in Southwest County. The area is identified as Core by the 1985 Comprehensive Plan and is adjacent to Route 419 and US Route 221 (Brambleton Avenue) Please explain how the project conforms to the general guidelines and policies contained in the Roanoke County Comprehensive Pian. The Following general guidelines and policies in the Comprehensive Plan are met: Policy C-1: Encourage the development of intensive, mixed-use urban development in designated Core areas Policy C-2: Serve each Core area by an arterial or higher grade street Policy C-4: Coordinate the design of commercial sites with regards to on-site vehicular movement, access, building characteristics, signage and site amenities Please describe the impact(s) of the request on the property itself, the adjoining properties, and the surrounding area, as well as the impacts on public services and facilities, including water/sewer, roads, schools, parkslrecreation, and firelrescue. The rezoning request seeks to create a suitable location for new business development as specified in Objective 3 in the Roanoke County Economic Development Strategy (April 1998) Business Attraction Program Strategy - "Identify potential commercial and industrial sites and work with the property owner, community and County staff to have the property rezoued for an appropriate commercial or industrial use." Couri~y staff is designing an realignment and relocation of Westrnoreland Avenue so that a proposed access to the site can have ingress/egress at a proposed traffic signal at Westmoreland and Brambleton at the entrance of Cave Spring Comers shopping center. A water line improvement~pro~ect from Colonial Avenue is being designed and planned by Roanoke County and will provide an extension mto this site with a I2-inch water line ROANOKE COUNTY DEPARTMENT OF ROANOKE COUNTS DOARD OF SUPERVISORS COMMUNITY DEVELOPML'NT PROPOSED REZONING FROM R-1,R-2 AND C-2c TD C-2 It! It t Illtllllttit 11116 i , I' ' I, c i I~ s s ~ i rr P ~ 1' II _ I //11pp ~''1 ~ (/A~~ r ~d i ~, r r ICI I LIC HEARING o ~~ ~ --- ... ~~ ~' CT: ~~ .:. III ~' ' d like the Chaixrnan t r I, ` ' g on the above matti c I CALLED TO THE ] ;. ~~, '.~`HE RECORD. X A r. i ,~': s I each speaker will b iwhether speaking ~s =_ ~' I ~ 'decide the time l~rnit ;; ' and will enforce tl~~,, ~ _. ~', do otherwise. s I ~~ Speaker will be lim == ~! ~ ~ ,Questions of clarific~ '' c III ;All comments must x ' speaker and audienc f 33oth speakers and tl .®. I~ ~ Speakers are reques "' I ,with the clerk. ~ ~I i ._ I ~ ,INDIVII~ UALS SPF 'i ~ ~ ~~S~ALL NL~ WITH _ I, A.L~,OWING THE IN •-- ~_ i =- ~ ~ 'PLEASE PRINT LSE ~. _.. -- ` .... 1 ...~ '~ I C ... T ~ ~ s_ r ~e o II r~ i ~. I A7- x,~~~ ... ~ 1'lAl-'i P. .s -~ ~ ~ a~ , a~a ~..~ ar ~i ~.r 11 I ': DDRESS ?~ r1... ..~ ~ ~ xoNE ~~~~~ - - ~I, , mt 1 II11111iII11f1I11111Iif[lltl[i I I 'i ' II l 1~lll f I i ~ ~ ~ ~~ e b ~{I ff~~') ~ IIIIIIIl111tlltt '~ III II I I it j I' I ' ~ I I ~tf's ~ I F ~ I ( 6 ~ ~~~~..~~ C II i ~ I I I ' i j~IlUll r r r ..~. ,.~ .... s ~1((I i~ a 1lui11Ati[liuilutt~4lll /~ e ~ Ir~tt~t(t ~, ', It it i ftllt4itltttttttlttt 0 ttt I't ' i i !I E ~ __.. M NO. t'E q.. I ~ ~ I ~ ~ ~, ~~ I I LIC HEARING INA.NC ~ ~ ~ ~ ZENS CO I ~~ u e the Chairma ~' lak r# i ~~ Board f ~ i s to reco~n' e lz b e d i bo e a tea m o h n g ~ at th I y CALLED TO TH1~ RN I MY NAME E RECORD. X ~I, TO ~ GUIDELI ~ ~'i', I~I ~~ ach s eaker will ' P I th k N f n be .. d d e I n five minutes ~ C t t Th to, e er s ea in a4 P u ivi e a ive. a r ecide the time lam nd will enforce th~ t an the mess i~ n as r tlzens speak2n he majority o o th~ 0 otherwise. I I I eaker will be li P I o a P ' e' e f their oint p , f ^vi uestions of clarif ~ .may be e t the Chazrrn y n. 11 comments mush Cted tai t e ebate between a re pecker and audiet~ 'hers i ~ o ~, ~~ I oth speakers and ~I ~ ~ r fence ~ f aurtesy at all ~ ~ i~ne . . ~~ Speakers are requ~ Xeave ~n tatements and/ or c th the clerk. I ', ~ NDIVID UALS SP SHALL FILE WIT ON CZE AN ORGANI TION FROM' ED ~'HE .LOWING THE ~ UAL ~ O T THEM. i PLEASE PRINT ~ ~ k I Y AND C ~ C ERK E L ICI' ~~ , ~ ~ ~' d t.t. .~ AME „ ~ i /v i DDRE / SS ,~~~ ~ I i ~~ -~ HONE i C ~ tI _ ~( (((1((I(((t(((il((((((((((~ 1 M ~I !~ (iil((111 ~ I t (!( r 1 (((((((I((((f(i(((l11~1(11((( 1 ~i'~i' ~ ~ ~ ~~l111111iluuull~lullll ~ ~ is ' ~I! ~ l~~~itla~'i 1 11t1tilf6ilitlll~i~ll11l~ l.~ ~' X11 I ~l~ A (ITEM NO. i ~~ ' ~ ~E ~ E ~~ ~ ' , ; ~ II ~ ; LIC HEARING ANCE ~ I iTIZENS CO I n~ ~ d like the Chairm~ t '~ ' and of S rs to recognize a ri ~ v oe a g on the ab mI t ~ a tIm int. ~ CALLED TO , I WI MY NAME , '~ THE RECORD. ~~ E I O ABI " E GUIDELI X ,~,: , '' ~ i ch s esker wi 1 E P I' ' etween u ~~ to five min tes o t o ' whether s eakin '~ P ~ n 'dual o #' e. he C ants iv T ~ a , ime l decide the and will enforce th i the nu ss inst citizens speakin f the tna on o J t3' o th n do othez-~ise. ' I ~ ~ ~ . , ! ~ S ea a '11 be '~ i k r wi i P Questions of clam e t ~ ~ a rase P y be en e ''~ o their Dint pp f . 'd by the Chairtn f~ . e I All cotnments mu~s e d to th .~, Debate betwee a co ' s esker and audile P ~ rs is n t ' d. e e an Doth s ak rs d P ~ d ~ ce n wil i e i co r e t al u t s a 1 Y iy e . ~ Speakers are regla d ~~ ave any zal!, statements and or c with the clerk. ~ i INI~IVID UALS S;i° I G N BF. ANI I F AN ORG E SHALL FILE WI ERK A ~ ZATION FROM T ALLOWING TFIE ~ TO ~ ` SENT THEM. N PLEASE PRI T'~ I ~, % G li ERK THE CL ` j'` " "" 1 ~ ! c°_ ~ "~' I'I ~ [.~ [ i ,' . _ ~~ NAME ~ ! Q I RESS ~' i z C:. l ~ l HONE ~ ' ~ ~ Z ~,, I! t llllllil111111111111111111~1 1{ !1 ~ 11I111111I~11 ',,J I~ ~' , ~~lllillllllllllillllllll ',I lli 1 11 1~ Utt,ut ss. ^~ as i a ~~ ~~ _~ _~ -I ~~ ~~ I ~1' r I'I ~ tttttttt ~tutllttt tttt ~ ! , I t 41111111 fl rl i >~ ~F ~ ~~ i ~ O. j ~ ~ i 4 i P I S ~ 4 { f ~ ~ ~ ~ ~ II I ~ I ~ ~ i ~ Te I~~~~~ i ~. I 'i t LIC I I i $EARI~IG { P ~ 1 4 ~ ~ I ^ 3 { ~ x NS f ~ ~ CT d 9 /y /~' , l ! ''~ ~I , I ike t ~ e Chairrn , `~~ ~ flf ~ B I ' Q reco b e e ~ g on t e abode It rn c ~ li 'CAL ED TC~ ~ N ICI ~'~, COIF. , I ~' ~f~ I i GUI L I ~ ~ F ~ , ch s ' sker wi ~ ,I~ ~ ~~ r r b ~ , , ~ i II, i II e mi i t ' t ' , ~', ~ hethe speakin ~~ ive. e I a '~', i !, ` ~ ~, ecide he time h ti i ns s P a ~` ~ 'nd wi 1 enfore.e s ~ . maJo th ~ ; o oth rwise. ~ e ~ i I I E ~ i~ ~ a ak ~ ~ P i 11 be r wa . l ~ ir p ~ I , I I f ', u esti a ns of 1 c ' e e Ch h r n. I , ~ ',~' ''~ ~ ` : ~ ~ 1 co ' enu rn ' G ~ d i ~ ~ ~ te be e a ~ I ~ ~ peake and dud ,. r t q A !, ~~I!I i ~ ~ I k ~ ~ l ~ { ~ oth s e e a ak rs ~ , w 1 ?w~ e I ~ I tes a y 11 - i ~ E I , ~ Speak ~ rs are re ~ ' ~a ' I menu ' n r II th t' e clerl~. , ; i ` ~ ~ I i ~~ D DUALS' ~ ~ ~ E OR E i~ I~ ~~ ~ I~AL ~ LO FILE'. G ~'H 0 ON F I'HE ~ i ~ 7 °~ ~ I ~ ' ' i ~ ~ ~ i I '~ , E 3 , ~: I LE P A I E RLNT, P G I ~ i i € I ~ ~ ' LE ~ I i it ~' ~ R ~' t 1 k s i I p , ~ V I ~ i ' I t t i l ~ { € ~P d ~ A~ z / ,~~I A i i fi -~" r I i i ~ ~ I i I I ~ @@ t I ~I ' ~ i i i 4 { I i C UD RO ~ SS i V --- ~ ~ I p p 1 i I 0 I I I I ,, ~ tt t O 6 I r ~ I ' ~ r ;; ~ ! i i ~ I ~ ;~ ~ I I !, , j s e ~ '~ i s y 1 ~111i1ll I I i 11111111111111 ~ ~ i i ~I', u ,~ II ~ I . ~ ~~1 ~ Y N1~ 1 i 11 j i 1 G ~ I ll I .~ ' .I. ~ III III ~ ' ~ I l ~ 111111111 ~~~~~1i~1 ~ ~I ~ 11 ~ ' ~ it I 1 . i ~i UIt11t! _~ s c mlll i ~ rit- tntttuututttttluttttttullt TT ~ 1111 ~s r -~u~ ii '' illiiliilililiilii -Ili ~ ~ II ili ~ A ~ ITEM NO. .~ I~ VE~~ LIC HEARING CE CITIZENS C'O u ike the Chairman oft B ar of S ~I' ors to recognize b ~ e ' e ti on the above matter g t t' ',nay c ' ent. ~ ~ ~ CALLED TO THE LE ~ VYI MY NAMh, ' S E RECORD. I AG 'E ~I ' ~ ~~ THE GUIDELI O , I ach speaker will be ve b twee to five minute t n Nether speaking as an ' nd ual o sentative. The I ecide the time limit ba ' d t ~ nu f citizens s eaki P o M nd will enforce the ru un s's instr the ma'ori o y J ~ t t 0 otherwise. ~ I esker will be limite P to a rase P i I of their oint f~ 'Y uestions of clarificatf y a en a ied b the Chair y n. 11 comments must be rec ed to th .Debate betVvee ' a pecker and audience m r is n t ed. ath speakers and the di nc 'will ~ e courtesy at all i beakers are requested a 1 av ', any ~ statements an r t th the clerk. 'i I NDIVIDUALS SP G 0 BF. 'OF AN o HALL FILE WITH T E A f 0 ZA ION R LOWING THE IND ' D 7'O ,SENT THEM+ I PLEASE PRINT LEG Y I~ G ,THE CLERK I Imo.. F_.- . __ AME ~ y DDRESS ~~ I Rye ~ ~ y0 ~ HONE ! ' 1 IIII IIIli1lIIIlII11IIIIfIIII[IIIIIIII IIII IIlI I~IIIIII I !IIIIIIIiIIIlI1IlIl111III ~, I1 t ~~ ~~~t~~t r r r e .~.r .. .. .. ,.. .. ~, .. .w .. r ... _. ... ... ». ,.. ~. ... s ~~ s s ... .., a s ws M~ 1.~u. gyp. milli ~ ~ 11it1111itlllllultltullullu 1 ~~~~ It f4~t~1111 ~, 1H111~~11l11llllt~~III! p ~ 11 ~ i 1 ~ I I TEM NO. I I E ~ E I E 1 i ~' G UBLIC HEARIN II~ C NAN CO CITIZENS i. O M .'SECT: e. t?Z on ~ 1 ~~ ~ ~ ld like the Chairman a ~~ t ~ B and of sors to reco4nize b e ng on the above matt I th t I m ant. N CALLED TO THE , i MY NAME THE RECORD. I A O AB ~ THE GUIDELI ~I O'V6~: i I '~ ~!; ' ~, ~ ~ i ~ e 11 b ~ Each s eak r wl P ~ ~ I n betwe ~ to ve uteS fi min t t , ! ~ Q t e eakm as ~ whehrs t d' vidual esentative. The '1 I ime h mit ~ decide tha o then f citizens speakin ', ~ and will enforce the 1 nl ss ins; by the majority o f o I '~ do otherwise. 'I ~ ~' . i ~ II Speaker will be lim e ' o a pre of their poin# f 'e ~ ,Questions of clarific m y be e ed by the Chairzn n j i All cort~ments must b ~~ c ed tot .Debate betwee a d speaker and audienc ~~ I i ers is ~ ed. ~ ~ Doth speakers and t i nce wi i 'se courtesy at all i I ' Speakers are reques d' 1 ave a n statements and ~ s with the clerk. i ~ INDIVID~1ALS SP ON B OF AN ORGAN SHALL FILE WITH I I C .ERK ZATION FROM II II ALLOWING THE ' TO SENT THE1~X. i I , it I '' E PLEASE P32INT ~I Y D ~ I, ~' '' i E THE CL RK I ,y. t.~ 1 i I I . . ~~ .III NAME / ~ /{/ I II l O O , , ~ p AD DRESS P H ONE 7 Z ~i i j ~ I ~ N ~ ii111lllllllllllillllllllllfl111f L1~ ! ~ N 1llllllll 'I . 1 Illlii1111111111i1111111 11 i ~ ~I 1 ~ ~ I J.W. and Barbara B. Baker Jr. 5917 Garner Rd. SW Roanoke, VA 24018 September 21, 1998 To Whom It May Concern, We have no objections to the construction of a Home Depot Store to be located on the properties in the vicinity of Rt. 419 and Rt. 221. We support the project provided the following conditions are met: 1) All property owners along Westmoreland Dr. whose land is not purchased by Home Depot be adequately compensated for any impact this project might have on their properties. 2) A comprehensive traffic study be conducted to insure a logical flow of traffic on Rt.419 and Rt. 221. Consideration should be given to purchasing properties on both sides of Westmoreland Dr. and constructing a new access road tying Rt. 221, Home Depot and Rt. 419 together. 3) The businesses located in Springwood Park be provided assistance from the Roanoke County Economic Development Department in reestablishing their particular business in Southwest Roanoke County. Perhaps the owners of Springwood Park could help with relocation expenses if any leases are broken prematurely. We feel the construction of a Home Depot Store in Roanoke County would provide much needed tax revenue for the county, and additional jobs for area residents. It would also provide a convenient location for people from Southwest County, Southwest City, and Salem to shop for home improvement supplies and provide some much needed competition for Lowe's. Sincerely, J. W. Baker Jr. Barbara B. Baker ~~nrunuiii~~iuniuuunnul~nu~uiusilunuHl~l~filltllUllt1111t1lillllllltlllltl111111iIlU~tfllllltlllllllllllli~l,1,~ c e .~ AGENDA ITEM NO. ~ ~ ~ ; ~/ A ~~ ~S ~~ ~~ ~. AP]PE CE REQUEST . _ v ~~ ~~ PUBLIC HEARING ORDIN.~ICE CITIZENS COMMENTS ,~. __. ~_ I e i' '`' s s SUBJECT: ~ ~ ~- ~ f _. e 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, c and will enforce the rule unless instructed by the majority of the Board to do otherwise. ~ - _ - ~ Speaker will be limited to a presentation of their point of view only. c c ~ Questions of clarification may be entertained by the Chairman. s ® All comments must be directed to the Board. Debate- between arecognized speaker and audience members is not allowed. ~ - s ~ ~ ® Both speakers and the audience will exercise courtesy at all tames. ,~. ® Speakers are requested to leave any written statements and/or comments == with the clerk. v ® INDIVIDUALS SPEAKING ON BEHALF OF AN ORGANIZED GROUP SHALL FILE WITH THE CLERK AUTHORIZATION FROM THE GROUP ALLOWING THE INDIVIDUAL TO REPRESENT THEM. .4 .~... PLEASE PRINT LEGIBLY AND GIVE TO THE CLERK ~~ i 1~~ ~~ i~ ~~ s. ~ ~~ L.~ ~~ ~ ~ ~ ~ ~~ fi1111111111111ii1111111 iill111111I11 111111111111111 ti1111 [11111 ii1111I111 flllilfl111llllllllllllllillllllllillllllillliilllll illl'm ~ CIP~'a!~ Tltt' /QE7-QNl~tJ6o Off' Tff~ ~r4¢+'r143G~4aN l~'vE /~-% . ~ / S ,~nlTgJt-SGrvT~/~ ~ar¢. T~ ~i~STieyGT/nN ~ F i4 ffo rrr F Cn~'a ~- s~ ic.. ~. 1 Fc~~. T/t-PT ?"r`,'' is ~riv ~u ,~' ~~l S~PQ /17'7~/ ~ S7~,7~ / N l ~-~ C wN a rat r~ ~c1/e~o/rn C~ EFl~v ru'S O,~ r~ost-~tJdx-cr" ~iuNTY A-ND tJr`c, rev ,o s l6N ice'/CdPN7z-/ T T~ LTxI~Tinl~ Th'-x ~,95~.. ~~~ ,I~.o N fh. a T. A-~-A z~.rH rt ~ ss7z ~34~~,Q.,~o mu.,.. ~.p . 6Zv ~e~ o ic.~ / F} Z-~l o t 9 ~u-1.c~uu'~l~su~utuulnnllunnluusuuuuisitl1111!tllUlllllilillilHlflllllllllllllllullllllllllllltllllC~l~llllllll1,1 _ _ _ _ .__ _ r AGENDA ITEM NO. ~_ c NG ORDINANCE CITIZENS COMMENTS _ PUBLIC HEART _ ;-~ ._ -- ;:: SUBJECT: ~ ,~-- i ~' _. r _ -- a I would like the Chairman of the Board of Supervisors to recognize me during the meeting on the above matter so that I may comment. _ WHEN CALLED TO THE LECTERN, I WILL GIVE MY NAME AND ADDRESS FOR THE RECORD. I AGREE TO ABIDE BY~~ THE GUIDELINES LISTED __ BELOW: 'i ® Each speaker will be given between three to five minutes to comment whether speaking as an individual or representative. The Chairman. will decide the time Limit based on the number of citizens speaking on an issue, and will enforce the rule unless instructed by the majority of the Board to do otherwise. ~ - ~~ ~ Speaker will be limited to a presentation of their point of view only. Questions of clarification may be entertained by the Chairman. ® All comments must be directed to the Board. Debate between arecognized speaker and audience members is not allowed. s_ s ®. 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 GR D UP SHALL FILE WITH THE CLERK AUTHORIZATION FROM THE GROUP c o ~ ALLOWING THE INDIVIDUAL TO REPRESENT THEM. ,_ c PLEASE PRINT LEGIBLY AND GIVE TO THE CLERK a ~~ ~~ ~~ ~ ~~ .. ~~ ~~ ~ .~ t. ~ ~~ ~~ ~ ~~ ~ ~ ~~ ~~ ~~ ~tl11111111111111111111i111t1111111I1111111111[111111111111111111(lllllllllll(Illlilllll1111111111111111111111111111111111111i11im T ~ ~ • ~ . Y ~, ~ ci ~-- ~ / 9 r~ '~~-~.~-- , ~~ ~ ~~ ~ 9 ~~ ~~,~~-~-~-~ ~ scJ ~t1111~11111111111911ti111lllllll9illllillliiilil116119111111111111111111llllllllllllltlllllllllilillllllllll1111I1iliiiililliii,~ _. -_ s s ~ ~_ r ~ `_. ? ( ~. AGENDA ITEM NO. ~/ ~_ APPS ~.~ REQUEST c PUBLIC HEARING ORDINANCE CITIZENS COMII~LENTS r ~~ ~ ~ ~ v ~ SUBJECT: ~ ,.-,~X e 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. c WHEN .CALLED TO THE LECTERN, I WILL GIVE MY NAME AND ADDRESS FOR THE RECORD. I AGREE TO ABIDE BY~~ THE GUIDELINES LISTED c BELOW: _ a ® 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, s, and will enforce the rule unless instructed by the majority of the Board to ~_- do otherwise. ~ ~ ' = " rs s ® Speaker will be limited fo a presentation of their point of view only. c Questions of clarification may be entertained by the Chairman. x ® AlI comments must be directed to the Board. Debate between arecognized =. speaker and audience members is not allowed. _ r ®. Bath speakers and the audience will exercise courtesy at all times. c _ ® ~ Speakers are requested to leave any written statements and/or comments with the clerk. ~_ ~= ® INDIYID UALS SPEAKING ON BEHALF OF AN ORGANIZED GROUP SHALL FILE WITS' THE CLERK AUTHORIZATION FROM THE GROUP ®_ ~ ALLOWING THE INDIVIDUAL TO REPRESENT THEM. i ~ ~~ Y~ ® ~ ~I~ iv .~ ~ ~~. PLEASE PRINT LEGIBLY AND GIVE TO THE CLERK ._ ~ - ~- - ~ .v ~illiil[litiliiltiillillllllitl1111i1611111111111iliiiililt[II11ti11Illilltlllfiltliilllilllitilliit[t{IfIi11111111I1ii11ti1i111m F •~ 1. I am impressed that the folks of Home Depot are of the opinion that south county is justifiable for one (1) of their locations. This is evidence that major companies now outside the valley feel the county is a progressive, good business place to be. 2. The residents and business' of south county can have a supplier of items without needing to drive about 24 miles round-trip (personally) to acquire items, at a competitive prices. Not only will convenience be provided me personally, yet in addition, lower prices and quality merchandise in an area where now there is no competition and non-availability of most mf supplies in south county. 3. The environment and wildlife are always issues with me, yet in this instance, there are no negative presentations. 4. The amount of increased traffic is a question with me. I feel there will be no "overbearing" additional traffic. If there is to any degree, I am certain the Board of Supervisors will deal with it with the cooperation of VDOT. By comparison the County Board of Supervisors, in my opinion, have vision and the nerve to act in the overall best interest of the south country residents versus the Roanoke City Council that waits around "to see which way the wind blows" and the hope of hanging on to their retirement programs. -' ;~~ ,/ ~ ~ ~ ~~ ~i'~a/ ~ ~ulil[nt11119!lluuuililnnuttllttulutun9ltullllu1111lI11f1111111111111111111l11U1111111IIIl111111U11111l11~111111,1S,J _. :. -- ,: / c AGENDA ITEM NO. ~~ ;' v ~ ~.~ ~ ~~ _' ~. ~ AA ea/~(`T"1 ~ ~ ~~ F~ TB ~~ ~~ ~~ V.iJ .L W ~~L/ ~ i ~.~ s_ ~ ~~ PUBLIC HEARING ORDINANCE CITIZENS COMI1'IENTS -~ .. ~ . - o `~ _ s ~ SUBJECT: .. ~ ~`' f 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 =_ s ~~ _ BELOW: c ~_ ® Each speaker will be given between three to five minutes to comment whether speaking as an individual or representative. The Chairman. will = = decide the time limit based on the number of citizens speaking on an issue, ,~ and will enforce the rule unless instructed by the majority of the Board to do otherwise. ~ - _ - o ~ Speaker will be limited to a presentation of their point of view only: ,~ Questions of clarification may be entertained by the Chairman. s ~ All comments must be directed to the Board. Debate between a recognized _. ': speaker and audience members as not allowed. s ®. Both speakers and the audience will exercise courtesy at all times. ® ~.. ® ~ Speakers are requested to Leave any written statements and/or comments e 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. _ .4 '- .s~ ~~ -_ ~~ PLEASE PRINT LEGIBLY AND GIVE TO THE CLERK .... .r ~. ._ . _ -- ~-. ._ . _ - _ milllil[IIIllltill111I11111111111111111111111111IIlillllllillllilllt111111111lIIIlllltlllllllltllllilllllllillllllll111111t111I11~i ~~.. ~ 4M ~;~ '~u~~ S;~~Pac-~- b~ 11ot`rt~e Q~pc,~ eamznq ~+o the Cave Spr.~n~ area. ~.. ~tr~s~i~ ~~I~u1- -the (3c~crc~ Orr S~~eCViSO~s ~,J~~ll cvn~r~~nue ~-~1r,e~r Sapp°~~~- ~~r-off' the- ReZclync~ 4~t `-li~i c~nd S~GmiOie+on. ~~`U~~suDc'w ~C;,~a ~ ~~ ~ fj - Asa q 3~yt~ ~UC,n~y t,.ane KO~ci~o\~e, ~ A a y 0 ~ S ~1 fS~1 ~-'~ :~ y l Uuutttuuuutuutout[[uuttututttttluuuluuulultl11lu1N111111111uuluiiltulllluiliiitllliultliillttitliltt,(» ,. ' _ .~. r..a AGENDA ITEM NO.:..,~? ~r~>= v A~']P~+ ARAJ.~C.E R~~VES~' c_ v ~ a~ ~.o N s ~~ ~. PUBLIC HEARING ORDINANCE CITIZENS COMII~IEN'TS ----, .- i ~, ~ ~. s ,_ ; SUBJECT: v s T 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 v FOR THE RECORD. I AGREE TO ABIDE BY~ THE GUIDELINES LISTED ..... =_ BELOW: :. ® Baker will be iven between three to five minutes to comment .~ Each sp g . whether speaking as an individual or representative. The Chairman- will :.= decide the tame limit based on the number of citizens speaking on an issue, c and will enforce the rule unless instructed by the majority of the Board to ,~. - -~ - do otherwise. ~ _ A~ s ..~ ~~ o ® 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. e ~_ ® ~ 5~eakers are requested to Ieave any written statements and/or comments with the clerk. ® INDIYID UALS SPEAKING ON BEHALF OF AN ORGANIZED GROUP . SHALL FILE WITH THE CLERK AUTHORIZATION FROM THE GROUP ~_ ALLOWING THE IND.IYIDUAL TO REPRESENT THEM. l~ ~ ' i Ov ~~ i~ ~~ ~ ` ~~ PLEASE PRINT LEGIBLY AND GIVE TO THE CLERK i ~~ ~. A~ i~ 0 ~. .. ~ s a ~~ ~~ ~ ~. ~ ~ _ ,. ~~ ~~ ~ttttlttttttltt~tittlttittlttttiUlttitiiliiillftittttlultiuittltt11111tlittilt[[tfttlttttitltittitilttttittttltittttttlttltltt~ t ill .,~ r'1 /,~ ~ ~ L~` ''C- ~~- iL~~i ~ ~~~ Lam) -~ I _~ ~ ~ ~ ~ ..: i / ~ ~. t!~ f ~' +~ d U~nti««sunltauinuunluu~ul~n~~~et4uul~utitia~-f~lt11t11t-IH111lilllllillllItilllllllilill~lllllMllUilttittlftt,~ _ - e - c AGENDA ITEM NO. ~.. A ~ ~~ ~~ `. ~~ ~~ PUBLIC HEARIN ORDINANCE .CITIZENS COIVIlVIENTS c -_ ~ _ c ~. SUBJECT: 1 ` ~ _ ~; ~° ~,- - -_ ° T would like the Chairman of the Board of Supervisors to recognize me during the ^_ a meeting on the above matter so that I may comment. __ WHIEN CALLED TO THE LECTERN, I WILL GIVE MY NAME AND ADDRESS FOR THE RECORD. I AGREE TO ABIDE BY~~ THE GUIDELINES LISTED ... -_ BELOW: ~ .~ .~ r~ ~~ ® Each speaker will be given between three to five minutes to comment whether speaking as an individual or representative. The Chairman- will decide the time Limit based on the number of citizens speakin on an issue, _ '= and will enforce the rule unless instruc#ed by the majority ot~the Board to do otherwise. ~ - ._ .,. ® Speaker will be limited to a presentation of their point of ~ view only. q 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. v == ® Bath speakers and the audience will exercise courtesy at alI times. e.. ® ~ Speakers are requested to Leave any written statements and/or comments with the clerk. c °°- ~ INDIVIDUALS SPEAKING ON BEHALF OF AN ORGANIZED GROUP = SHALL FILE WITH THE CLERK AUTHORIZATION FROM THE GROUP ALLOWING THE INDIVIDUAL TO REPRESENT THEM. _ ..~ .... ~. PLEASE PRINT LEGIBLY AND GIVE TO THE CLERK ~.. _ ,.= - _ _ .. ._ - - - ,_.. _ .... _ e _ _ _ NAME _ ADDRESS ~ - ~~?'~~-- .~.,--- - ... ._ PHONE ~ ~~ ~(tlltttlttltttlittlttillltlttttlllIllltIIIIIItIIItItI[IItI1IIIIttttlllllltttlltttltttttltttitlttlttllttltlttttllttlt}1111t(11I11~ Illf~ i 1 1 ItIilU1111111111111U~1111l1~1~~1l1f~{ttilll~ll ,~--~c~ ~ Ad ~~ C HEARING ORDINANCE O M e. ~ I ~, ike the Chairman of the Board of S' i on the above matter so that I may ALLED TO THE LECTERN, I V4'I~ E RECORD. I AGREE TO" ABII :h speaker will be given betweer ether speaking as an rndividual o ide the time limit based on the nu t will enforce the rule unless. instr otherwise. 3eaker will be Iirnited to a presf uestions of clarification may be en l comments must be directed to; th esker and audience members.. is n speakers and the audience will eskers are requested to leave any :h the clerk. ' !VID UALS SPEAKING ON BF.. LL FILE WITH THE CLERK A OWING THE IND,iVID UAL TO . PRINT LEGIBLY AND G ~-,,, ,.F ~ 1 ~ C. o rn ~~ iiV Ol ~iJ ~i ~111i'tiiiiUiiiiii4iiiiillliiiiiifllli'liffillfflfl~f~ ~.~~~~ - n~`" ~ ~ __ ~ _ E A ITEM NO. S+ j w - ~~ s FF~ ~U.iJ ~T a ~. ~~ s r. ~~ CITIZENS C0112MENTS ~ s a. m f ,// ~_ e.. ip T'vT~SOI'S tO reCObnlze me during the ~ ~o ~ menu. ,I. GIVE MY NAME AND AI3DRESS _= ~~ BY~ THE GUIDELINES LIST~I~ s s ~. s t. ~. t ree to five minutes to comirient r ,presentative. The Chairman. !wild :.: ;fiber of citizens speakin on an is$ue tc ed by the majority ot~the Board to s . . ~_ ~t tion of their point of ~ view only, wined by the Chairman. .... B ard. Debate between a recognized t flawed. - .~ e ~x rcise courtesy at all tunes. itten statements and/or comments ' r F OF AN ORGANIZED GR (~ ZTP fiT ORIZATION FR01Vl THE GROUP' c 'E RESENT THEM. ~_ c ..:. ... TO THE CLERK __ ~~ - y . _ ~- __ O '1 ~~ s ~I a r~ ~~ ~~ ~. ~. ~~ ~~ ~. ~. ifflfflflllffifiiffffflfllflfffllffflflifffiffl~flfllfl'ilff~l ~, ~Itllui1111llftusl#16n11111 ~ ~ ~ ', ~ ~~ ~ ~~~~~~~~~dr~~ds~vi~~ "~"' c~ i I I'~ AG A ITEM NO. i ~~ ~ C A,RING O i HE A ~NCE j' CITIZENS C MS ©M~ ~ © £.Z.© ~~' ~ i 1 ~ 'ke the Chairman of the ~ r of Su' `sors to recogni e, n on the above matter ski h may ' ent: ALLED TO THE LE i I'V~'YL MY NAME 1~ECOi2D. I AGI~ d ARID ~~ THE GUIDE Ir I ~ I, j I ~ eaker will be 'w ~ ch sp g~ In I' 'b tween e to five minu es' ether speaking as an ~~ uaI or resentative. Th C ' e cide the time limit based o t e nu of citizens spea n d will enforce the rule .~ s~ instr ' by the rnajori a otherwise. '~ I ~~ . ~ eaker will be limited. t ipresen' t" n of their ppof ' Ch d b th t ~ i ~ iestions of clarification ~e ent ' a e ne y rn 1 comments must be dig a I d~to the td. Debate be e~ri eaker and audience m~ r~ is nof: ~ wed. } nth speakers and the aiu cue mill ~ ~ r ise courtesy at 11 1 - eakers are requested t~ 1 ~ ~ v~~e any i ' n statements nd th the clerk. ~ j DIVID UALS SPEAKI I BF. ' OF AN ORG 1, I L FILE WITH T A ~ RIZATION FR 11!I ~' LOWING THE IND TO ~ I ~ ,: SENT THEM. EASE PiZINT LEGIB~. ~ ~ G O THE CLE I i I ~ ~ C~ ~~ ` ' i ~ ~~."'~.' , ~ ' 1J tt.~" ~ „ U~~~~', s s w ~L A r A c e r A s .~r "' #1~ E tus~r~~ ~ I, '~ufu~illltl~~H~lfilf t~111f0i111~~ 1 i 111ff~~~l4i~l~~l~~i1111lt~11U 1 I rlt l) ~~. !4 i ' ~ AGE ~ ITEM NO.y~' ~~ lk . .., I '. . I ~3 f~ j s 2 ~ 4i} ~ ~ S ~ ~ ~ ~~~ I ~ g^}+~^ ~ E F ~Ai ~T ~ C I~ A JL ' r~ d5i ~ II r, " I ~IC ' G ORDI ~ ANCE ~ CITIZENS COMME S~ i i d II I ike the I ~irman of the Bo i i rd of Sup ' ors to recognize me du z~Q e ~~ ng on the', b~ve matter so th I ma co Y ent. ~ I N ALLE E RE TO THE LECTE O~tD. I AGREE , I WILL O ABIDE' MY NAME AND AD ~ THE GUIDELINES I~ ~'~ ' ' I I ;I E~ w ch spy ~iether $ ker will be given e~.king as an indi hetween t 'dual or r I e r to five minutes to c sentative. The Chair ' ~ m ann. ' t i~ , d cede th tune limit based o l l the numbi t t i f citizens speaking on of the orit a th n his oar , p a d will ~ e un farce the ru ns ruc . ss y e m j y d othe 'se. I~, S esker I ' '1'1 be limited to present ' r o of their point of ~ vi i Ch w o uestio o clarification m be ente ~ rman. a ed by the ~ ~I A~ 11 corn ust be direct ends m d to the B ' d. Debate between a re o ' n ~ d s peaker ' die ce emb nd~ au n m rs is not ~ o ed. ~ oth s p u 'e nd the a di sa ker ~ ce will ex cl ~ se courtes at all times Y ~'i ~~ ~eal~er~ aaie requested to i ve any w~ t ~n statements and(or c ' m,Tn th the ~ ~leirk. ~ ~ I~IVIIJ HALL AELS SPEAKING IL.E WITH THE C N BF. EIZK A U OF AN O.RGANI ~,D TION FROM T E ZA GR GR ' ~ ~ LO D ~ T.FIE IND.IVI TO RE SENT THE11~I. ~ ,I~ ~ ~ ' ~ 'I i ~, - . i ~ ~ LEAS ~ PINT LEGIBLY D GIVE ~ THE CLERK ~ ,' , , , I . : 1 ~ C ©rn ~ ~ I~.-~-~ 1 ~ a u.-f' . . ._ ~ ~ , ~ ~ ~, ~~ ~ { , A ~ D RED' ~ ~, Ii P ~IaNE , a~ '~ ~ ilt ~ IlI11tI11' ~~ ~ ~~ Illlltil[I1H11111i11~lllli 11111~11!lI111~ 4 ~ ~ ~~ 1 , ~ i ~1i111(I111!lfl~llltlilllllfllill, Ii~111 X11 a a s `. ~~ a~ ss ~~ r ~r e b _~ ~i a ~~ ~e e_ s s m ~_ ._ -_ =_ s °. c e . ~.. d '== e i s ~_ ~_ 11111'1 nul~"iRi'~I+ ~o~" ~. r of d I r t n n S ~I15t I es n en e th BFI.. iG ~~ EM NO. ~~~ [ZENS Ci ~Z~! to recagn IY NA'ME E GTJ'ID~ five mina ative. Th~ izens ~pe~I ie majority their pppi3 y the Thai: ebate betty ~urtes~ at' aterne~ts a ,AN a:R~~1 TION FRIG ~T THElyI E CLERK ~ [.~"'~" ~11111~ ~ ilitilitl1911i11{tl~lliiilllll~~~~I! ' ~ 11~1~~1 1 1 I~ItIl911l11l1l~1~l~I d1l1!!!l!! ~ 'Iil,~ _ { i 4 ~/ ~s ~ ~' -- - A ~ 'l l I ~ ~ AG ITEM NO. S - - ~_ - ~~ ~S 1~ ~. ~ I ~ I i 1 ~~ it ~~ O.~ ~~ r~ ~~ AA ~ ~~ ~ II ~ ~ e ~ IC HEARING O I ~ E I ~ I ITIZENS CCIMME ~i ~~ ~. e ~ 1 o~ q ~ !, i ~ I~ f I 0 I T, o nr-~ ~ © ~ ! ~.z on ~~ ~ s a e ~ ~ a .~ i i I ~ n ~ like the Chairman of the ~ ~ f Su ' e du ors to reco nine m b ! ~~ ~ ~~ - ._ e -; ~ ~ " on the above matter so t ~ may ent. = i .- ~ ~ CALLED TO THE LEC I 'VYIL ~ MY NAME AND. AD , S _ c s ' ` iE RECORD. I AGRE '~v: ABID ' i$ ~ ~ THE GUIDE~.INES x D - i O.~ '~ I ~ I ~ ~~ ~I ~ ~ ~ will be ive ach speaker g , Nether speaking as an 1n ~ ween uaI or . ~ re gr u~t to to five min es ~ , sentative. The Chai t 11 -_ ~~ r~ . _. ~ ecide the time limit based a nu r f citizens spea~in on ~ n e, 1 .I ' nd will enforce the rule u instr d the y the majority ot d ' 'to = ..... ~ ~ 1 ~ 0 otherwise. ~, . = _ ~ im pecker will be limited t presen ""o of their ppoiht of v~ C i y. c ~ i ~ ~ uestaons of clarification ~: be ent i ~rrnan. ha ed by the ~ ' 11 coYnments must be dire to the ar .Debate between a re o e ' esker and audience me P is no to ed. ~ I = - ° :v. I ~ i ' ~ ~oth speakers and the au i e will rc se courtesy at all tunes o - .:° ®~ ~ ~ I ' ~ II'; ~~eakers are requested to ~ a any ' ~tt n statements andlor c t ~. '°' ~ ~ ~ th the clerk. -- ~ j ~ ~~NDIVID UALS SPEAKIN I, BF. .~ OF AN ORGANIZED c I ~~ ~ ~~ I SHALL FILE WITH THE RK 14 0 ZATION FROM THE { ~ ~ I ~ ' li ~ E ~4LLOWING THE INDIYI ' 1 I TO ~ SENT THEM. ~ -_ a 11 a ;- jl ~ r i ~ ~ ~ . 11 l 'LEASE PRINT LEGIBL I G ~ ~ T ` b THE CLERK ~_ ~~ i~ ~~ ~~. ~O ~I ~. alb ~ l~ ~ 1~ ~ ~ ff 1 ~ ~ ~ ' ~f 1 ~ . - ~~ ~~ ~_ ~~ ~~ ~~ ~~ M~ ... '~ l ! NAME e, ~ ~/ /~~ - ;: I , ~i ~ I i ~I ~ = - - ~.. '' li ~' ~HONE ~ 7 - 6 ~' -r- ~ i ~ l - - ~.. _ -- s - mil ,y ~ ', I M II ; I~I!!1!!!!!illlUl!!!!II!!!!!!l111!lI11 ~ ', ~~ I ,l 'l iilU!!l1,1 i ~ ~ i ~ii~ l i f!i!!i!U!!!i!!i!!li~llU!!IIlI~ i~ ~ ~ ~ 1 i~ - ~+. ~lilll~{1 ~~s' r r ab r s r ~. 0 s a ... r i ~~ i~ r/ __ a ~ i i YY ~1 l~1~ ~~ IlIN~l116Ii111 lit ARING O~ ~© /Y7 ~ Chairman of th above matter st ~TOTHELEC :4RD. I AGR] aker will be g >peakin~ as an :time limit basE ;nforce the rule', vise. will be limited s of clarification gents must be di end audience m? akers and the a are requested clerk. YJALS SPEAKI ~IL.E WITH TH 1VG THE IND.IY PRINT LEGIB ~'~ !1!1 of e e~~ is a TO` ]G ~~.. 1 iiiiililli~i I~ ,~ "'~" r M NO. w C TIZENS C0 . i, ,' so s to reco~niz ie t. ~ I MY NAME r E GUI~JE o five menu ~s ntative. ~'Th' ~f itizens s ea by the majority I i f their oa ~ e ai by the C 3. Rebate betty, i ve . se courtesy ~t n statements a'~ O AN 0 I' G ~ TION ~RO! 1 11.1.+11 CLERK 1.3 t.~"f` I l ~illl Uit-~t s s v c Y~ ~~~ ~. ~ a F ~~~,'~ ~ ~~I'~. !!~ ~!~ I ~ ~~ 1'~ I 's 0 1q .. ~i ~ h t~ ~; ~~ tilttttlluttlttlt I , Il~ 11111f1! ~ it II~It111111111111~~1111 1~1~11 '~ AG ~ ITEM NO. y~y,~ .~C L I . , ~ ~ ~ .1.. NG E CE CITIZENS COMNLE O M e. o ~. Z O /> .. ~ I ', hairman oft I a~ of Su i ~ 'sors to recognize the d b i ': Bove matter t 'may ant. TO THE LE ~ AIL MY NAME AND O]E2D. X AG ' ABID ~ THE GUIDELINES ker will be ~ ~ b tween 1~ ' e ve 'note to to fi mi s ~ eakin~ as an al or ~ e. e Chan e5entativ Th time limit ba a nu a of citizens speakin o~n ~ force the ruI s 'instr tie' the by the majority o 'se. '~ t I '11 be limite a a rase I n of their ppoint of ~ ' I of clarificati y e ant t ed by the Chairrraan. i~r ~ 'I ~ , nts must be ~ ~ o the ©' d. Debate between a r ._ .. ... ... .., ... ... ~. ~~ ~. .~ 4 s i •/t ~s ... ~. .~.. r ._ ,. ... ... ._ m~~ ~~ t tt t t tltttt~tttttttl~!!1 !!!!!!1111 ' 1 lliliiiiiiil1i11ili1iii 111 'i i ~,, 'i ' d p y @ 111 ~I ~ i 'i ~~ I ~ . .A,GE N TEM NO.~~' - I ~ ll ~ E tl ~ i i it l~'~ I ~ 1.~J1.Ii : ~~ , . ~, NG O A~NCE ITIZENS COMIYIE ~ ; , e. ~ n ~ i i , lI t ll~' airman of the ~ of Supe '' rs to recognize me d ~~ ' p t ~lf ove matter so ~ may co nt. ~ , 0 THE LEC ~ I WILL MY NAME AND :, I ! C f ~', RD. X ACRE ~ ABIDE "Y E GUIDELINES' I ~~ ~i' e~ ~r will be give ~tween t~ ; e to five minutes to I e s1p ~kin~ as an in ' ual or r~ r , entative. The Chai a ' e~ 'me I~mit based t e numb t o citizens speaking on n ' en orce the rule u instruc the majority of the o ~' ~• ~{ 3 11 be Iiynited t' presenta~' of their point of " ~! , u ti ~ f clarification ~e entert~ '' n by the Chairman. ~ l il. Il ust be dire is rn to the Ba' x to etween a r' Deba b o 1~~ a~i audience me is not all d. s ~l; 1, ~ ers and the au i ' c~ will exe i courtesy at all tin s ~, l ~ ~ k ' s 1, ~1 re requested toI k ~ any wry a statements and/or ~ m ~~ ~ t . r ; S SPEAI~IN ~ BF. IZE FAN ORGAN ~.~ ~ WITH THE ' ~ UT ZATION FROM TH G l ,THE INDIVI i TO RE ENT THEM. • l' '' ~', l ' ~, ~ MINT LEGIBL ~, l GIVE ' O ~ THE CLERK I ' A I ~ C o i ~ "t' rs tt ' IiI ll ~, i t . . E j i 1~ i fi ' 1 ~~,~~ o, ~ ~ i ~ ~ ~ 11 l it l [ ~~ 1, i ~ i Ill t1~111111i11111111111~ ~ '~ 1111111II1it1~ ~ a ~I ~Ililllllllllll11111111I11111 k ~ I [1 , ~ '~ , s b ~/ B a r ~.a r s r ~_ a r.e r ra .~ .~ ~. r 0 A s e c s _ ._.. s 0 _~ 0 v c s 0 ~~ ti~ ~~ e~ ~~ ~~ ~~ 0 ~~ ~~ i ~~ ~~ ~~ illi'~1 ~i~~ ~t ~~s ~ ~ ~ ~ ~~t !i Iltllllltllfelutl 1#1 l111l111Il1t '1 ~ tlU~~9116i114s#~~~~Iflll~! e P F ~ ~, ~'~" ~ ~ _ ~ _ I~ '~ ' ~ ; ~ ~ . E TEM NO. ~, I ~ I~.a ~ _ I l ~ f I ~ I l i I ~ n.r ~ r i .A. B~/ ~S~ iJ ~T '~ .~ i ' ` A ~ C ~ l i HE NG O CE INAN CO iTIZENS l l ... l ~... ~: s r R { i ~Tl• ! m e. ~ a ~.Z on < ' - - ~° ~' ~. ~ v w er ~ d l k e h a 'r not Ihai m f e a d of S r P ' o recognize ors b l ' i- ~e - I- ,,- - ~ _ ng o~n l he ove matters t at I may co nt. ~ ~ ; ;,= c 1~ ~EL~ TO THE LE ~ RN, I 't'YI L MY NAME l l _ ~ c c c I l C I RD. I AG ~ 1, E TO ABI E THE GUIDELI ~ ~ ~ ' ~- - - a ~ s ~ ''. ~ h 1 is e p ~ er will be ~ e etwee t ~ o five minutes i ~ ~~ ~~ ice. ~= ' ~ e't fir' s eakin~, as an in ividual o r ' entative. The C i, I jd cad 'the ime limit has'. d n the nu b citizens speakin ' ~ ~ .~ ' ~ a dl ll e force the rule u less inst c y the majority o = ,- °' i d ~ e ' e. ~ ~ I . _.. . - I l E ',Sf ~ ea er ~ 'll be limits t a press t of their point l : - ~e m u~ ~onsl of clarification ay be en er i d by the Chaim ii ~ .. A ~ 1 ~c ~nml is must be d re ted to th B .Debate between . - e ~ '~ s ela r a d audience m ers is n t ed. , e °"' c ~' l a , o s. ~ p ~ e ers and the ' ud ence will ex i e courtesy at all ~ - c v ~ ~, ers 'i re requested' to save any m statements and/ I ~ - ® ~ t 'hsa erlc. ~ ~ ~ ~ I , l ' ~- - ~ _ ° I D S SP G ON BF FAN ORGANI ~ i - - it ~ 'L LE 'WITH T LEkZK A T ZATION FROM l e '°"' ' ~ Y~'I G THE INS D AL TO ENT THEM. I - ° _.. ~~ ~ ~ l ~ ; I ,_ , , - ~. ~~ S7E II RINT LEG L AND G ~ ~ THE CLERK l ~ _ - a~ s ~~ r~ ~.r ar k ', ! E , ! ~ ~ ~ , _ ~~ '' a~ ~~ ~ - r ~~ ~~ 1~ A .~ , ~ f ~~ ~~ ° ~~ ~~ 'e. wr ~- ~ ~ ~ w . t ., ~ ;., f a /a--~ _. J ~' l ~~ ~ ~t ~ - s~ .... ~ ~ ~ ~ ~ V ~ ~ _~ - 1~ iV S ~ r ~ ~> : i. 4. o i ~ - - - ~~ ~~ ~~ - i f l 4 ~ ~~~. ~ ~ C L ~ ~ I ~ ( l i i ° - - ~ I r ~ a - ~ ~.. - - _~ ~ 1 1 ei I !1111 i ~ illlllilillllllllll j lll i llllllllll11 r 11[ ' 'I~; ~r ~~ ~, 1. l~ iii h 1 ~ I ~ l I 11111111111111111111111. ' ~ E ! ~ I I ~ ~ ~_ ii~1 ~liiili! ~. .. s a .. s s r~ a a. ~~ ~r ~~ ao as ~~ ~~ ~~ ~~ ~~ rir f~.~ ~~ s ~ ~ n.~ '111 i ~~ n~lllullllullullll~ll~ I ~!'~ 111111111111 ! 11, I1111l16iI111U~~111l~1i I ~ i ~ ~ ; O ~ ~ ... ' ~ '~ I ~ i ~ , d r ', ~ '' I i ' A,GE ~ A. ITEM NO. i "' ! I , ~ '~~ t ~~ II 9'' II i I ~E ~, ~E II E~~ i i I II i ;, ~ ~~~ , j j II ~~I i I I I ; L 1' ~ [~q'~ Ts~ NG HEART i CE NAN ~ CO CITIZEN i t i I . I~' I i ~ . O ~ I • P ~ \~ ~ ©~ ~ ~ ~ ~ ~ ~/ /~\~ ~ ~ I III i i . 1 ~ irman oft the Ch u a dofS a r p eco~nize m '' rs or i o ~ b d l i ~I ~ n t e above matter h t at I ma co ~. y lent. ~ i LED TO THE LE , I WILL +C~ MY NAME RECORD. I AG O ABIDE YIM THE GUIDELI S I I ~ ~ h peaker will be e etween thr ute ve m s e, to fi m ' ' o . ' ~ I j I ~ t er speaking as a in u vid al or re~ ve. he C e tats T ~s n ai ' J I i e the time limit ba d n the numbed o;f citizens speakin ~ !I ,I ~ 'll enforce the rul u ess instructs py the majority o e ~I III ~ ' ~ ,o herwise. ~ ' ~ I ! I !, ~~, ~ ' ,, I ~ ~ ~, , i ' ~ ker will be limits t ' ~ a presentat b n of their oint pp Ch i th d b ~ ~ i~ ~ I ' I ~ I e tions of clarificati e enterta y a rana e y no . ~ II 1 c mments must be re ed to the Bo ~ rc~. Debate between , ~ ~ 4 I ~~ ~a er and audience ers is not a~l~ vied. , ' ~ I ~ ~ ~t s Bakers and the p u ~ ce will exec ~ n I Sy i ' e courts at all t s I ~ I I , i i ' ~ 'e e e ueste kern ar r 9 to 1 ave an wri y ~ en statements and/ r t I h the clerk. ~ ~ ~ I I j 1 ~ I DUALS SP L FILE WITH T ! I ON BF.HAL ERK RUTH OF A1V ORGANI ,I~IZATION FROM .H' I % .I ~ 'I, OY3'1'NG THE IND I AL TO REP I SENT THEM. ' I ~' I ~I I ~ it I ~ ~~ . it ~ , ; ~ ~ I EG ASE PRINT L ` ~ ~ I i G ~ AND IVE ~ LERK d HE T ~ ~ , I , ~ I j it ~ ~ I I ~ 3 t.t."f' ~ . I, II il l~ ' /' l i ~, ~ O S ~ ~ i I ~ ~ G '. ~ i i I I i i ~ ~ ~ ~ ; (~ t j ''`/~ / ' ~"~ / / L 4/ _---_ ~~ ~~ C1 , ~ i X11 I ,I i 11111111111111111111111111 111 I I 111111111111111111~ 1111111i1Ill1li1111111111111 1i~~ [ I s r r 0 .... ... ... ~. ..~ s s a ~~ a i ~~ ~~ .~ s s s a 0 ~~ e r .~.~ c ,.., . . ~. _ r 0 a a ~. c __ ,o e e. s ~~ ~~ ~. a a. ~~ s ~~ s s ~_ 111 U I ls t ~ t~lltllll I1' ttt111! ~ ~p '~ ~ ~ ~ ~ O i I Sit ~ ' I~~ d ~ I ~ t ttt'~ti~ttll ~ _ a, _ . ~I~'. ~ I y~ i ei ~ [ ~ , ~ F r ~ ~ ~ ~ ~ ~ 3' 3 3 '~ A~] ~' ate`. ~ ~ ~ m z Ili r '~ 4„~ ' ;~ A I ; 'i i !~ C ~' .~ , ~ I ~' ~ ~°~ 3 ~ ~ ~ I ~ ~~ W ~ P ~ .L'1~- a- i µ Z` I ~ ~ i . jy y y ~ im y ~f ~~ ~~T~ ~ F 85y^ k . I, p I~ ~,' y ~ e ` y ARII~G ~J 4 '` '~ ~ ~ ' I CE' 6 I d i i ~, I h ~ ~ A ~~..~yy a~ .. { l {g~ 6{ G i is ~, !! ! ~°° i . r ~ i. e Chai ~ ~ n of th I s ~. 'of Su ~r '~ ~ abov ''atter'~,s ' I may; ~ ' ~ ~ r i C D TO ~ L ~ E~ : VVIL x , ° , ( ~,r * lap I , ~ COI2Dl.' '~ AG ASID ~ . ~ ~ ~ . G ,F, ~ , ~ ~ ~ I, p ~ ~ ; ! Baker ~Vviiil be gi ~ t as a ec n e ' i 1. z etween ual ox ~ ~ 3 G ~ ;~ ~ i , ~,; ' ~ ~ ~i sp ~e tim xi it b s ~ ' ~ ~ h~ nu~r~ ~ IK ' ~ ~' t, ~~' nie rue enfor B t ~ ~ rnstru ~ ~~ : ~ ~ revise "'" ~ ~, ' ~i' { ~ ~ I ~ '~ '~ will 1~a !Iimit~d ~' fi ti f ' 'resen F b t t, j ~, ~~ ~ ca o cl~r~ i ras o '~ e ~ en `~ 5{{ ~ r,~ents ` ~ u~st be 'd' ~ tp th+ . ~ ! ~ ;~ ~ s , ~s ~ Bakers, ~r~d they a ~ e ,will' + ~,, ~s are ~~q~uested a any ~ ~' clerk ~ ~ i UAL~'_~PEAI~I ~ E I H B.F..~ ~Y~YI~ ',, ~ N G. I ND f i ~ ~O R . s ~ P~S~ PRi~T' LEG .~ ~ E G ;~ ~ ; , G ,~ ~ SI S ~ ~ ~ } II /! ~: 5S ~ r '~ ~ ! ~ I and ad~ence m s is n~ '.. _ __ _, _ e ~' !' @ i ~~ `. ~i 4 ~ It tttttt~l~, tttt I11 >p~` !~~ .~ s to recol~,gni e ~ '' MY NA1~1E HE GLT~~3E I ive '''.n.u es t ~f ntativeTh h itizens s ea 'n the maj~ri o t ~f their ;;ppoi t b the `hai rn y Debate die ee courtesy~',at ail ~~ a j~lllil r ~~ r s s m s s _~ _~ -~ ... .. r ,. s A s .~. c ... .... A ~, .., _.. i i ^~ 4~ ~. ~r ~I ~~.1 St ~. a ~~ ~~ ~~ a~ ~A ~r ~~ l..t ~~ ~~ ~y sr ~~ a.~U ', ~r ' fit 1 I ili 11111~1 1f161 111191I11t141 9l ~ifl~t~l411~i1! ,; fi111911411111lI~~I11lIlillt 1 1 ' J ~, ' I , ~ ~ ~ ql i ti ~! l~~ ~ AG r ITEM NO. g S ~ i ~ i ~ ~ I i I ~ ~ ~.~ !.I I I ~ii ~!~I i ~~~~jj11~~ ~~. [\~ ~I ~I. ~ i i 3 1 '~, i ~Cj '., HEARING ~ ~DINA.NCE : I iTIZENS COMME I ~I ~ ~, ~~ ~,.~ 'I' r: ' o m~ ~ o ~.z ors f ~ '~.',I '~'i e~ I III n o tt e Chairrn f th Board of Su ' a ors to recd nine me b h d~ l i ou ~ ~t a above rnatterl h ~ o that I ma y nt: a '~ O THE L LED T ~ .:TERN I WIL , MY NAME AND E ~ECGRD. I AG E TO ABID j B THE GUIDELINES ~'~ I '~I ' h I , s Baker will be !, van between j i re ~ to five minutes to et eP speaking as a' individual or pr entative. The Chair a !, did the ta~rne limit bid ed on the nu ~ citizens speakin on ~ ' '~ sl the r !1 'll enforce u t ' u less ins r n 'd the e 0 1 O th rna r y ,l ty , , 'ot a 'se. r~ ~ i ~ ~ ~ a 'mit' ~ e er will be h ti ifi l f i . to a rase P ma be nt r ~ do t 0 v' of their oin f ~ p d the Chairman b 1 ~, ~ ues~ ca ar c ons o t a s y . y ~l c znrnents must be'i irected to the ar tween a r .Debate be y ' ' ea er and audience ' be s is no em r o i ed. , ~ ~,~'~ h Bakers and the sp audience will xc t 1 t' e . e courtes a a i am y I, e ith ers are re ueste 9 e clerk. th ave 'ta le an y ' t it do statements an r c l ~~ I I ~ DUALS SP N B . 0. F NG F FAN ORGANIZED ~~~ I ~ L FILE WITH ~` .~ CLERK A 0 H ZATION FROM T L WING THE IND 'DUAL TO . ~ ENT THEM. ~~,I ~ E L a ' LEG' S1E PRINT A. LY AND G , T ERK THE CL ~ I i 1 '. I F_.~ IrY'1 ~, i ~ G~. .III "~ I A ~ ~~ ,~/ ~j~ ~ ~ ~~~ , D II'I~ ~ ,_ SS : i l I ~//~~)) V i ~ .~ I I p y', i I t I ! ol' 8. ~1~11~ ~'~ I' III III i 1lI11l11111l1!!!1!!11!!!N! I11!llllllllU!!!!11 I ~ ~ ; ~ I 11 i 1l1111!!1!lliil!!lllfl!!1!!1!lI1 l1 !! ! I 1 1lIU11111111111111111111111~11 ~ ~3'L~ ~ T-7 ® ~~~ ~E IC HEARING O , , ` ~ ~ ~ ~ ~; ~ AG I ~ ,° , ~ ~ CE ~ + . ~ ~ ~ ! ', i n ITEM NO. E~~ ITIZENS CO ,, , ~ I,I ~ ke the Chairman of the ~ ~ ~ ti of Su ~ , ~ rs to recognize rrie t g n the above matter so t ' ~ may c t: f '' ALLED TO THE LEC d I WIL ~ ~ ~ ~ MY NAME Alm ~ RECORD. X AG !; ABID I E GUIDELI i~K' ~ ~ ~ ~ ~E ~ , i .~ h speaker will be gi ~ etween ~ ~ '' ' to five minutes ~'t c ~ . ther speaking as an ~ Baal or ' ~ entative. Thy C#~ i ; 3e ids the tune limit base a num citizens spealkin ~ ~h will enforce the rule ! instru ~ ', the majority o t ion otherwise. ~ i ~'; ; ~ , , ~. ' Q aker will be limited estions of clarification ~ '~,~ ', resen~ ire ente ~~ of thefr ppoint , of b the Chai~m-aln y 3 41 comments must be di ~ Ito the Debate betw~en''~ a e sp aker and audience me is not i d. B th speakers and the a ~ e will e ! courtesy at ~Il ti S eskers are requested t ~ ~~~ ~ any ~ t ~ ~ statements a~ndlb w~ h ties clerk. i i ~ ~ ; ~ ~~ ~ , '~ T IVID UALS SPFA KT BF ~ ~ F' AN OFGANI~ L FILE WITH TH i ~ AU ~ ZATION FRG1M ~' LOW7147G THE IND TO NT THEM. ~'~EASE PRINT LEGiP ~ ~ ! G ~ ~ E CLERK ,' O ~. ~ .I ~Ilii ~ ~~ ' ~ ` ~' ® ~ ~ ~.~.. e g r r' I ~ t~ y I~ _ ~ Fl ~pr ~;i ~ '' ~ AGE ITEM NO. ~~' r ~~ ~ b ~ ~~ ~ ~ ~ ~ e k i c f~ i ; . ~,, CE ZENS COIF .. ~ G O I AN TI ~ N r ~ ~ I li ~,; .. ~ ~ ~ ~ '' ~ h~', i 3 I a '- u~ i~ ~ Chairman of th o rd of Supe ors to recognize m~ ti , ~ ~' above matters t a I may co `' nt: c ~' D TO THE LEC , I FILL MY NAME AND',1 _: ~ ~ CORD. I AG E O ABIDE ~ THE GUIDELINE ._ !~, C ~ ~ ~~ ~ ; it i ~,~ I -- ! aker will be gi a etween th e ~ to five minutes ~o .... ~I i~t ~~ speaking as an n' i 'dual or re ' e entative. The Chi r i, ~ e time limit bas the numbs ~ citizens speakin b: ,; ~ ~ enforce the rule le s instructs y the majority ot~th n ~ 'se. ~ I'I ~ I will be limited t resentat of their Dint o ~~' P ~ ; ~_ ~ a ` ' ~ ue ~d s of clarificatio a be enterta d by the Chairman. ~~, ~ ~, ~ 1'~ . ents must be di e t d to the Bo ` .Debate between a ,~: ~ ~ ~, ',' ~ and audience m ' b rs is not al ed. .r l', ,. g G' I ,o~ ~ akers and the a 'e ce will exe a courtesy at all tin ~ '~ ale '~ s are requested o Ie ve any wri~[~ statements and~o~r "° ~ h ~ clerk. .._ i -= ;~ U.ALS SPEAKI N BF.HAL ~ F ,AN ORGANhZ ~~ FIFE WITH TH ERK A UT ~ k ZATION FROM 3~ p~ I NG THE IND U TO REP ENT THEM. ... F ~' ~I ' ` ~I ?L , ~~ PRINT LEGIB D GIVE ~ THE CLERK ~_ , ~ ~I~ ~, ~, ,... w ~I ~~ ~. ~I ~ ~ I ~ti ~~ a ate. ~ ~~~i .. i '.. ^~ ~~ f `` / '. ~~ ^d ~_ I~ t ¢1 ' .~ ~ (~' ~ ~, ,J e O ~_2 I~ E I' ~_ u m w r~, i II ~~I IIIIgIIIIllillllllllll it II IIIIIIIIIIIIIIII~ I IIIIIIlIIIIIIIIiI1IlIIIlIII~ ~~ ~~ ~~ ~~ ~ ~'~ I ~~ I ~~; , ~ ~, ~~ i ~~ ~ ~I ,, F ~ ~ ~ ur .r. .r. air ~p.~ A~ ~. s uo. w.. .r. A.r r ~r. we ... .~ ..~ ... s ^~ ~~ s ,,.,. . d ... 0 e i 1~ ~. ~~ a ~~ a a. ~~ ~~ ~~ ~~ ~. .:.~ ~_ ,_ I~ ~~~~~~ ~_ c A ~~ ~A ~~ at. ~1 !~ .. a ~~ia 4 tl.{ s a w .~ s sr s a~ ~~ .A n... c s ~~ w~ s n. ~~ ~~ ,.,. c i i1 ~~ ~~ r.. a~ ~ rr s se ~~ ~~ ~~ ~~ a~ ._ . ~~ ~~ ~~ .tea ~r ~~ ~~ ~~ ~~ ~~ ~~ A~ ~Il t~~ ~~ ~ ~ uus~ ulliftltllulll11~1[1~9111~~~ i 9~lllllllll Illy 1Ml it[1UDt~lflil~~lll1~~l11lt~~ill 1[l t i AGE A ITE O. S MN f i C FEARING ORD NANCE CITIZENS COMME i O M © ~. Z ~, 'l ~ ke t}~lie Chairman of the B °~ and of Su P 'sors to recognize me b u ~ n the above matter sot at I may co ant. ALL D TO THE LECTE , I WILL G MY NAME AND . CORD. I AGREE ~R~ ~I, TO ABI E D B E GUIDEL ~~ TH INE L ~I h' s esker will be ive g between t r e to five minutes to co I I a t ' e s eakin as an Ind it P viduai dr r P e e tat've. he Chai n i T m - ! ~ ide t e time limit based n the numb r of citizens speakin o ~ a i ri ' e force the rule un ~l n ' ass inst uc z' ed th e a o i ot b th m r Y J t3' B ~i b t se. othe ~ ' . I will be limited to a e k fi ti o l ' f a res ' nt ~ P b n t ~ o o' t of ~ n f their p in d C ' e ~ ca c on s o ari es i ~ a e e ter ~ ai e b the hairrraan. y 1 cgzn~ ants must be direr ed to the B a d. Debate between a ec d udience e aka an a m m e rs is not 11~ wed. I I i th', speakers and the audi nce wiIl'i ex rc 'se courtesy at all tim s. ~I ' I i e s are a nested to ante r q eave an y it t e t ado n sta em n s n/ r 0 h 'th clerk. ~I UALS SPEAKING F ON BF. F OF AN ORGANIZE ILE WITH THE L EIZK AZTT .RIZATION FROM TH ~I Ld~NG THE INDIYID AL TO ARE SENT THEM. ~' EAST PRINT LEGIBLY i AND GIVE T THE CLERK r ^ ~ ~~ V b ii j I ~ d ~~ Z ~ D REDS - ~j~ Z G./~ //J ~,/ / / ~ i ii I i ~, ! ~ ~ ~ illll'1[I[[[[[1[[[IIIH[[I[Il[[[I[! ',... Illl[[i[[I[~[I[[ ll [1[[[t[!ll[[[l[II[I11[[1[[I[ i[ II 1 1~ s s ._ ~~ !~ ~~ ~li~ I.Ai ~~ ..~ 0. ~~ .~ -_ r~..~ 1~ s s s s e _. a . A. _ v s ~a w. ~~ ws ®_ e .~.. a rv rye v e e s /~ _. r~ a ~~ ~~ ~~ ~. s a~ ~~ a ~~ a. .~ a ~. ~. ~~ ~~ ~. I1lI'1'j1 Uifl~' ~ 1 I~11'I~tl9iilltifllff~[ Illlilllls1111 ~ 't1111lllllllpllll 11 ! 111. 1 ! tt ~~ ' ~ ' ~ ~ ~~ -~ , `_ r ~ e ., i I , r ~ ~ ? ~ °' ~~ = k p `~ i ~, ! ~ ~ ITEM NO. - ~ :° ~ ~ v~ ~ ~. it I I 6 I ~. fi :., , ~ ~ I I ~ i , ~ . ~ I I ._ ~. b ~~ ~~ ~~ ~~ w~ LIC! HEARING ' INANC I ~ ' ,CITIZENS CO ~ ' ~I t~ ::- ... e T: o m ~~ ~, ~ ~ ~.z on .~ _ _ ~ i~elthe Chairnna I ' Board of ~ _ sors to recognize ~ e'',d ~ ' ~ ~. _ -_ . _ _ ~ o#~ the above ma ' ~ that I m y ent. ' _ r o.. c C~LED TO RN, I MY NAME ~~ ,, a _ _ _ ~dECORD. I i E O AB T g I E GUIDE I TH L !S I _ ~ _ ~~ _ _ I ~ '~ ~~ esker will ac s ~ . P I i, ~~I i n b twe e ' Ili t a nute o fiv mi ' 1 I f to c ' ~~ r~ ~_ . . . a e eakin lien r s ~ ~ P ~ dua di n n 1 v . e to sen tie Th e ' h~i ~ i 1 -- ,~ ecid~ the time lirnf~ ~ don then f citizens speakt i~n ~ ~i ~' a ' nd, X11 enforce the ;unless ins by the majority o the a a o otherwise. I ~ I ~i ~ ~ „ i . e~ .~ peal~er will be li I to a pre e i n of their paint of tie I I , uest~ons of clarif may bee ed by the Chui n. ~ ~ ~ ' ~i _: ~ 11 jci#mments mus I ected tot I I d. Debate bet~wee a' iJ~ ec i ®. I ' pe~l~er and audie tubers is ed. ;~ i ot~speakers and', ~ ~ ~ dience wi 1 , ~ se courtesy at alI l i~pn~ s. ~ ~ -- l , ~ ~ ! e: f~a~ers are requ, ~ o leave a n statements an o~C ~ o .... ~ tl'r~ the clerk. I ~ i ~, v a ,= I ~ ~ ~ ! .~ 1`J~ ~~ ~ DUALS SP ~ T3'IT' ~~~ FIL ' G Old B CLE ~ 4~' A1V O,R~AN ZATION FT~O L ~I T ~~ ~ c ' . . ~ . . , ~,QI3'ING THE DUAL TO ' SEN?' ~'~'EM. I I c _ I` ff Y ~ ~' Ili ' ; ~ a~ = a ~, ~ LE~,SE PRINT ~ ' ' ~LY AND G ! ' ~ ~ I THE CLERK i ', s j I i ~ , ~ . I li! , i ~ ~ ~ C a -- - . . ~ ~I ~ ~ _ ,~ a ... w A ~S , ~ ~~ ,,~ I I ; ~, .. ~ - - a - ~ ~ ' ~ I ~I '. I I a _ __ ~~ ~ ~~~ I ~ ? ~ i ~ 1 I I a ~~ ~~ ~ ~~ s ~~ - r-/~~ ~ ` III i ' 41 i ' I I I ~ i , I _~ . s ~~ a s ~~ ~~ ~ a ~~ ~t ttl~t1ttttlltttltlltflllt ~ ~ i 111ttlllttlitt ~I ~ tl~ ~, ,,I~ 1 1' ttitlttlttltitttttttitlt i, tt tl ~ t ~ [ ~ , , t ltltl'1'11 ~ ~~~~ i p` III - '. _ '~_l -... - _ - _-.- - III ,l ~I ~.. .. I; , t _.I_.I I I ~ I (; I __ -_. I ~ __ I I i; ; ~ i . ~t~~t'~~ ~'' ' ~ ~'~ 1 `luut1u1I11u1~f1U` Il~itll~tlil~l~ ~ t1~i1~U9l141~111U~f111l1~~1~ ~ I , 1~f11~ o i ' ~ , '~ -~'' - s , ,p ~, I '~ ~ .~ I ' ~~ , ~ ~ ITEM NO. ~...~' ~- _ i /~ L~ ~ ~ ~ ~ ~ ~•• ~ ~ ~~ ~ I .... c X11 ~~ Y~ ~~ O fIY ~ ~~ I I TC HEARING ~ INAN ~ j '~ CITIZENS COlVIME Il i ~~ , , ' I ~ M ! III ~'_ '~, ~ £. Z O /> ~ ' , , r ' : .~ ... I, il~e the Chairma Board o ~ sors to recognize me d .. II ' on the above ma that I m ~ ent. ~ '~ ' 0 I ~LLED TO ~ RN, I ~ ~ , MY NAME Ai~TD ... c c ~ RECORD. Z TO ~ ~~ THE GUIDELII~TE~ ' ~ q c ,.. ~~ n s esker will P n betwe a ,i l to five minutes to ~ ~ °- ~. m ~ ~ I ~ ether speaking, d ua avid l entative. The Chai ~ , ~ -- 1 '~ ~ cede the time hm d will enforce th on the ' nless in ', f citizens speakin obi a orit of~th~ b th ! t , -- ~ l y y e rr~ ~ I btherwise. '~ ~ ' ~ ~ I . s.. ~ I ~ i faker will be I' ~ ~ ~ to a pre ~ ~ of their ppoint of~ i , ~~ ~ , ': ' estions of clarif 'may be ed by the Chairman. ' ' =: ~, l !...comments mus ~ ected to ! ~, .Debate between a ~ ~ ' ~ ~ ; e =. _ e'',~ker and audie '~~ tiers is ~ ~ ' '~~ ed. , ~ e .-. s. r ~ ~ i ~h speakers and dience ' ~'se courtesy at all tin ~ - ~~ ~I ' o = j I fakers are requ ~ Ieave a ~ ' 'I n statements and/or ~ s ... ;,- ~ t~ the clerk. ', ; ~~ ~ :- .- ~ ~ 'I ~IVlI~ UALS SP ~ ON B '~ i '~ l OF AN ORGANIZE ~ I : _ L FILE WIT CLERK ZATION FROM TIC ~ R q - ;LOWING THE UAL T SENT THEM. I Y~ i ,= '~ ASE PRI1~1T Y AND ~ THE CLERK ~ I , ' ~~ ~~ _ ~f r~ s ~ , ' ~ ~ ~ I ~ ~ ~~ ~~ ~ ~~ A~ ~~ s~ ~~ ~n~ n'om ', . ' : ~ I I I ~~ ~~ ~~ ~. i ~~ ~~ JA.. 1~ ~~ 91~~ ~ ~ I~ "-- ~ L e. ~ ~G - Y4 I I I I l ~~ ~. ~~ ~~ ~ ~.~ !.1 ~ ~r !r _ I I _ ~ ~I RESS G 3 !~ i ai I~ ll l ~~ . a ~~ ~~ i I I e i ~ t r. r~ ~~ ~~ ~~ ~~ ~~ ~' ~ym j j~tt.1 I a ~ ~ ~ I~ ~ ~ I _; : ~~ ~~ ~~ ~~ ~i ~~ ~r i iii ~ ~iliiiii iiiliiiliiliii ~ !~~ II,I ~~~ ~ '' iiiiiiiliUl _ { ~ , ~ ~ ~ i liiiiiiilliiliiilliiiiillUlii~ ~; ,,' i i~ ;, 11 f ~ ~ ~ ~, '~ i . i ~~ ~~ ~~ lliili~ ~I ~~litlllilllillllllll411l1 ~~~ I'i1~1~l161i11i1a9i1'I ~ ll ~~ll~il~19111~1id1l~~i~lll! tllllll ~ ~ ~~~ ~ !1 ~ i ~'~,~ i AG A ITEM NO. •,.~" - I' 1 ~' C HEARING FJDTNANCE CITIZENS COMM~E T: o rr~ ~ o r ~ z o n~ ., d ike the Chairman a Board of Su e 'sors to recognize me du g ' ~h i on the above rna o that I may a ent. I '' ALLED TO TERN, I WIL !'SrE MY NAME AND S ~~ RECORD. I k E TO ABID I Y THE GUIDELINES ~~ i ' h speaker will ' ~ ~ i 'I iven between h to five minutes to c e t j ether speaking a individual or re resentative. The Chair a i 1 d ' cide the time limi ed on the nu be of citizens speaking on is u ', a d will enforce the unless instru t by the majority of the r o I d otherwise. I S esker will be li ~ to a presen a n of their point of ~ vi 1 , r estions of clarifi 1 n may be ente t " ed by the Chairman. A 1 comments must b irected to the o d. Debate between a re n 'z d s esker and audien ' embe rs is not al ~ wed. ~ B th s eskers and p udience will e e ise courtes at all tunes y - S ~ eskers are reque to leave any i en statements and/or co 'n s th the clerk. i I IVIDUALS SP G ON BF. OF A1V ORGAN.TZED S L FILE WIT E CLERK AU RIZATION FROM THE j I I LOWING THE ~ I DUAL TO i P SENT THEM. ~ ' I EASE PRINT L ~ I LY AND G IV ~ . . C E .THE L RK 1~ ~. -F ~ "~- rn ~- ~ ' of I 1 ' ~ ii ~ 1t ~7~fi~ ~~ 1~iL' ~'D RE 4 (~ I I' ONE ~'' t 1 1 llll11111111#!1!!111#II!! 1 1 1111i11l11!!11!!l111 II 1111!lllil111!!1!1!!11[11111l1111! ! 1 ~1 ~! l ~ .:: ... s ~. CIA. +1 ~~ A .® e rya s_ a~ `. _ A. _ s .v e a P i~ .~ OY e a ~_ s a ~_ _w a~ ^s 111#'~~1 X11111 s s _. s ~... s ~~ ~illl ! ! ttirttntttttttttttttuulttt! 1 !!! t!!!!!!!!!!1 iiiiiiiiiiiiiiiiiiiiiilliitii i ~I ~ ', I~ AG I A ITEM N(J. S ~ ~ I ~~ ~~ (\\('''~~ UE~ J~ i I . LIC HEARING INANCE ! CITIZENS CO ~~, O M ACT: ~ I . © ii ~ I .~z on ~ 1 ~ ~ ~~. ~ Iike the Chairman oft Board of Su III 'sors to recognize me ~~ on the above matters that I may I ent. CALLED TO THE LE RN, I VYIL li MY NAME AND ~iE RECORD. I AG ~ TO ABILI III ~~ THE GUIDELINE i ~1-~': I i ach s esker will be r ~ n II n between '~ a to a ute fiv min s t i I! hethe speaking, as a decide the trine limit bas dividuaI or on the num ~ esentative. The Ch of citizens speakin o r nd will enforce the ruI nless instru by the majority oft iil, ~o otherwise. ~ . ~' , ~I ~ pecker will be limite f ifi ti ti l o a presen b ~ n of their poin# of ca ues ons o c ar a nay e ente i ed by the Chairman ~~ I~ .A,ll caznments must bed speaker and audience ~ cted to the ibers is not ~' ~ , d. Debate between a wed. ~ both speakers and the klience will e ise courtesy at all ti ~I, ~~eakers are requested d Ieave any I n statements and/or ~~ nth the clerk. ' I ~ ', I ! ~NDIVID UALS SPF:AK1' ~ ON BF OF AN ORGANIZ ~I `HALL FILE WITH T CLERK AU RIZATION FROM T .;4LLOWING THE I1VD UAL TO SENT THEM. ~I PLE ASE PRINT LEGI ' I' D G AN . . -THE CLERK ,~ ~'- f~' . d u.~' ~. ,~~ _~ I~IA ME ~~ DRESS ~ ~ ~' ~ ~~ I'~ HONE ~ ~ °.~ ~ ~ tMt1111[111111l11I111(llf[11[f!ll~l (1((11111(1((111( ~ ~~ E R ~ ~ !!!li11111111111111111111111 1 ~~tt s s s e ~' c' ... s c c a w~ ~. s ~. ,_ ~. o. ~~ s ~. .:. ~. .: _. i /~! ..~ a ~~ ~~ r ~~ ' _~ m ~ ~t ~ 1~ ~ tn~ [II1'1IIlI~lluftllrt d ~~~I[ i[If ~~~~1lltl [~ ~ ~' [11119U1i~1[IlI1~~1[II~11~111~'l ~.~f ~ I ~, 1 J ~ i~r// '"11~. ~ ~ i ', I A ' ITEM NO. S - ' ! ~~ ~ ~~~ HEARING IN CE ' ITIZENS COMME ~' • ~ . I , o m e. o I ~e. z o n ~ ~~ d i~ the Chairman oft e' oa d of S p i ~' rs to recognize me du ng ~ g n the above matter o ' hat I may ' nt. LED TO THE LE , I ~'I MY NAME AND S RECORD. I AG T ABI Iil ' THE GUIDELINES ~ I''~ ~ E l dh s esker will be p 'v' n b tween rl to five minutes to c I e ~ 'w ~t speaking as a er in ivi ual o p entative. The Chai t~• iu I ~ d a c d ~ the time limit ba force the rul 'll e ed 'u on les he nu inst c r~ ~ citizens speakin an t th t~th ~~ ~' u , n r y o e majori e d bt erwise. . ' S ~a lte er will be Iim t a prese t i' of their point of ~ vi 1~ , ~ u~ tions of clarificati xi ay be ent r i' by the Chairman. i 'A ll'~c mments must be ir' ' cte to the a' Debate between a re ~ z ~ i s ~'a er and audience e ber is no T d. ~ th s eskers and the P u ien a will courtes at all tames Y S ~ a ~ ers are requeste to Iea a any t~ statements and/or c n~~ s t the clerk. I ~ DUALS SP .N 0 BF. ~ FAN ORGANI~EI3 .dZ U' S L FILE WITH' T .E L IzK A ZATION FROM THE .~' L1' ~'' ,~ WING THE IND U TO ' ENT THEM. LE S T LEG E PRIM L G T'. E THE CL RK ~~ r'~ i ~ ~; ~~z ~ n Y SS ~~ 4 ~ ~< I ~'~9-r i 1 [I I~,[1 ~, [1111[1[[1[111[[[[Ili[[I[ 1[p [[1[[ 111[[[1[ , [ ~~ , 1[ I ~ [[[1l11[![[[[[[[1[1[[[[[[[[[1I . [ [~~ I[~ I M~M[~ ~. ~~ e~ ~~ ~r s ~~ 1~v r a ~~ s_ ~~ a_ .~ a ae ~~ s s ~_ s_ ~~ =. 0 s • ~~ " a er ~r o c =° c a ~~ ~. a a ~~ ~~ i a ~~1[[~ ~t~~~~ r ~_~ c c n~ s e_ a r s s a c s ... w v s .~. o„ A ~. ,~ v asw ~.. o.. i ~~ !~ i i i ~~ _. . ~. ~I1 1111,Ii1'ul~ulililttllltlllili C ' g i~A BLIC HEARING _ Ems: O /~ E'.. d, like the Chairman c ~;~ on the above matt v i ~ALLED TO THE 3'~3CE RECORD. X A ~~~ Each speaker will b Rtl~ether speaking as dletide the time limit a~~i will enforce the ; d!,o otherwise. speaker will be Iim Questions of clarific; ~lX comments must 1 speaker and audienc ~qth speakers and t~ ~~eakers are reques ~PL!th flee Clerk. .~ ~ D.IVID UALS SPE< .BALL .FILE WITH ALLOWING TH.E I14 ~'~.EASE PRINT LE ~' iii ii ilill I11 t 11UIIIIIIpllllll III I t ~~ '' ~., - a I~,,; A 'E ITEM NO i ~, i r~-~ i I' ..1. s ~. t ~..~ CE ~ i ZENS CO TI ... ... ~ I ~ I~! a.. i ~ ~ Q ~~ n / a i Ind of S p rvi rs to reco nixe a 'III ra ',I ~ma c' m nt. MYN ~ ABI ~'Y THE GUI ELI ~- i v ~, ~~ o e ...~ ee t ee to five m nutes to c '- fi -_ al o r entative. he hai "' h nu ~ o citizens s eakin o ~' r e nst uc d the majo ity o th ' °° ..., t ~ ..o rase o t e' of f io f hit n I . . t a Ilib~ en e srt d by the C airrn n: o th $ ar Debate b twee a ' ' . ~ -- s n t to d. ~I ~' e i~e will ex rci courtesy tall lan ~s ~_ 0 Ie ~'el any ate statemen s and or t ._ o ~~ ~~ BF. F A1V 0 GAN .~" A i0 ZATION .RQM' T IT4 1~E ENT THE ~ ',' I ' i e 0 G TOI THE CLE I i .~ I ~ ~. ~ ~ _ r.3 u. - ~~ ~~ ', ~ '~ ', III u~l4~~~ ~. r r __ e s_ s - . ~_ i lv i is a .. . ~Ii ! '! u!t u!!!!I!!!!-1!!t!!I!1 ' !'!1 ! !!!~! 11111 1'., i Illtlt9!l4~Ilf ~lli~llll~ ~~ ~ ~ ~~~ ~ ~ AG A ITEM NO. ~'-- f I ~ I ~ ', ~ T'~j~ ~~ V .1...:.t~~ ! I I j I I j i UBLIC HEARING II INANCE ~~ li ~ Ci'I'IZENS CO i ~~ N~T ~ CT: O /Y7 t°. ~ GU ~ ~. Z CJ n f d like the Chairman. f e it Board of Spa , .. i ititisors to recognize rx~ ~ u n th' 'ng on the above matt o that I may !,+~ ~n~aent. N CALLED TO THE RN, I WIC iG~'VE MY NAME AD ~. .. THE RECORD. X TO ABIIJ ~ ~BfY~ THE GUIDELI ~ L ~ OV6': I ~, Each speaker will iv n between',. t 'rye to five minutes o co ' e ~ whether speaking, as i dividual o~ ! h r ,presentative. The C ki i of i irm n i -;wi s decide the time limit a e nu , on t n zens spea c er~ t ~ a ; u , and will enforce the nless instru~ c ed by the majority ot e B ~ d ~ do otherwise. j , '' ~ ' ~ ~ Speaker will be 1' ' d ~ o a presefi ~i ~ppn of thefr ppoint o C ' I vie w ®nI , Questions of clarific n may be ente hairrna ed by the lai~n . All carnments must I ~ i cted to thy, ' a~rd. Debate between. ~ rec g iz speaker and audien a hers is nat Xli~wed. Both speakers and t a dience will e ~t rCise courtesy at all t es. ~ , Speakers are reque t leave any 1t~en statements andJ co 'en s with the clerk. ' IVII) UALS SP IN~ N ON B.F. ~" OF AN ORGAlVI ' ~ D ~ , 0. . SIYALL FILE WIT e.~ERK A ~ t~RIZAT~ON FR011~1' CIE ~ 0 ALLOWING THE U.AL TO ,.RESENT THEM. ~ PLEASE PRINT L1E~ Y A_ND G ~, 4 T'O THE CLERK ~ ~ ~ ~ ~ ~ ~ ~~.- 1 ~ ~ ~3 t.t."f" ~ ; .!.~ . ~ ~ MTH NA11 L11 I / X Ic~ /~• L ~ ADDRESS ~ / ~ I ~ ~~ / ~ (~ f ~.J ~J Y i f G PHONE ~ ~ -> ~ ~ I ~ i i ~ ~ ~ ~ Ijliilll~IlllllfllllIllllllfllll I'i I '~I Ii1 !, I1l11111!!lilllll~l Ii~111I111111111l1If1i!!!11l111 'lll111 1~ ~i~j 11 l~l,(~ b r~ 1_ B e a ... ..~ ... ~_ s ~~ a t~.~ es . a 0 =~ s a ~~ as ~~ - .-. - ... ~_ s ®. .. 0 v c _.. c c c ,_ =_ s ~~ ~~ ~~ ~\ c .I~li~1 UIIIIItttlltllltlltt11111illtilttillllttttlllllll{tlililllllllll[!!l11111111111{111111111~~~~~~~5~~1~111I1t~~lAi~E~~~4iIIfIllflli,(!J -l =_ ~ b o l11 _ _~ - __ A ~j f-~`F~ ~ /'~ t, AGENDA ITEM NOS=~ ~ e.~p f- - ~_ .APE C~ REQU]~ST P C ARING IN.4NCE CITIZENS COMMENTS _ UBLI HE _ _ ._ -_ - -_ -- ._ SUBJECT: ~fc~'l ~ ~ G = __ s s I would like the air o e Board of Supervisors to recognize me during the c c 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 s BELOW: _. - _. ® Each speaker will be given between three to five minutes to comment whether speaking as an individual or representative. The Chairman. will decide the time limit based on the number of citizens speaking on an issue, and will enforce the rule unless instructed by the majority of the Board to do otherwise. - - - _ - s ~~ • ~~ ® Speaker will be limited to a presentation of their point of ~ view only, c Questions of clarification may be entertained by the Chairman. _ s ~~ ® All comments must be directed to the Board. Debate between arecognized =. speaker and audience members is not allowed. - ® Bath speakers and the audience will exercise courtesy at all times. s ~~ m - 5~eakers are requested to leave any written statements and/or comments = with the clerk. _ -= ® INDIYID UALS SPEAKING ON BEHALF OF AN ORGANIZED GROUP c SHALL FILE WITH THE CLERK AUTHORIZATION FROM THE GROUP =: ~ ALLOWING THE INDIVIDUAL TO REPRESENT THEM. -~ c ~_ ;- PLEASE PRINT LEGIBLY AND GIVE TO THE CLERK ~ _ ... - c c c ... .. ,. . .:. .e mtillliilifiiilll1ti111lillililliilllilllilllllllllli1il11illllli1111lllllliillflillilllllllllilillilllillilillillll1111i1iI1i111m ~ ~ ~~ lit~lultlullllt ~ ~ o t~~~~e~ae~~~~~tuu~~ ~ ~ ~~~ ~ti~~4~~~~~~~~~~io~~o~ii~fii~a~; it 6 i ~ i i A i i ~JD~ ~ 1•. ~~.<4 «..a..w+~' r A ITEM NO. S ,l , ~ ~ ~ ~ '~ I ~-{~ I '' ~ i ~ ~ I C ARI ~ LI HE ~ ~ ORDINANC I .,..~~ I I ! ' ---'~ CITIZENS COMMENTS - ~ f ~ II ~ ~ it , ~~i ~' ~ o' 1~. like the Chali cif the Board of u ~ rv ~sors to recognize me during t I ~ , e tag on the abo~V ' tter so that I ma c~mz~ nent. - itiT CALLED T~ LECTERN, I L G>~ VE MY NAME AND ADDRE 'S'HE RECO ; A~.GREE TO AB D ~ B ~~ THE GUIDELINES LT.S ~V6': I ; i ! I ach s eake I ~ P hether s ea '~' P I l ~ be iven betwee g ~s'I an individual r I t r ~ep e to five minutes to comet esentative. The Chairman_ ' t I ~, ! ~ ~ decide the ti e f ill d ~ ~ it,based on the n e xule unless ins lder fed f citizens speak~n on an iss ority o~the Board the ma b , , c en en w j y ~I II do otherwise ~ ~ I j I I~ ;Speaker will' ~ I ~ '', , mited to a pres ti ~ ~ ~ n of their ppoint of~ view o th Ch i d , i lc I Questions of i ~i ic~tion may bee t ai e a rman. e by ~ I ~I ~I ;All comment' II speaker and ~ . u i 't be directed tot m~e members is e o oa ll~ d. Debate between a recogni ed. - d II 'I both speakez's n t'he audience wil ~rc 'se courtesy at all times. C j ~~ ~,S~eakers ark ~ q ested to leave an I ' it ' ' ~ n statements and/or comme ' , ~s ' v~th the clerk., I ~ I ~, ~~ k ~, ' INDIVIDUA.~ II SI~AL~, FILE S ~ NG ON B E CLERK ~ TH I ~I OF AN ORGANIZED GRO TION FROM THE GRO RIZA ~' I ~ i I ALLOWING ~:l~rDIVIDUAL TO ~' SENT THEM. I" ;, ~~ I I 'PLEASE PR~I . I GIBLY AND T ~I ~ THE CLERK ~ I j ~ 1~, -~ C o rn -~- ~ I. ~ a cc-f- I ~ , I ~, ~. r I NAME ~ ~ ~ ~ ~ ~ '~ i I ~''I ADDRESS ~~ ' -~--~, a ~.~ , . i ~I FHONE ~ `~ _ ~~ 6 ~~ ~ ~ i ; ! I ~ I !~!!!!!!!!!!1!!!1!ll~1 ~~ I ~I I ! ~! !~~!!!!!l1111!!!!!!!!UI ; i! ~, ~!!!ti ~I II ll!!!!!!!!!!!!!!!!!!!11!!!!!!!!I!!!!ll!1! ~ ~~ II ~ !1~ ~. ,) a a ~. s r~ ~~ ... ... ~. ~.. ..~ '.. r e s as i ~~ ~1 ^O ~~ O .d 0 ~_ s =_ s c 0 ~_ s _ _. - e • s a ~o o~ s ~~ r. 0 ~_ e ~_ P °_ i lO ~~ !!!!!~ I, the undersigned business do hereb lend my support to ~As ocia des l~~perty for the ~I N ,'i~ / / ~-'1'l4- person doing business the rezoning of the development of a Home in Roanoke County Springwood Depot Store. Address ~ _ ~. ,r- ~ I .~ i ,r' ~ ~ =~~ - =tea 3 ~I~ ~~~~ ~St ~'ho !~~~ ~ '' ~~ . "J~X I ~'~'~zw ~~ ~ ~~ I the undersigned concerned citizen do hereby state that I support the rezoning of the land at the intersection Rt.419 and Rt.221 for the development of a Home Depot Store. Name ~,~ ~ d l K~~ns© r ' ~ ~ r ~_ Address 331~,yb J4nt~~v Lune R~gno~;c, VA D3 ~, 2y(o 592 ~13c~,EC.n...~ ~'~,~. ~~-1u- /~ z~~ ~ yoiil. q l 1 ~~--Q..e~~ Gee. `S 4> l~'cr~-~-~-~~, ~4 ~~, ~-~ ~ Ca-~a.,~:ba 11~ Zoo?v D S -/ I the underst?ned corrPrned citizen do hereby state that I support the rezoning ~f the land at the intersection Rt.419 and Rt.221 for the development of a Home Depot Store. Name Address 7 ~ ~ b Babb; f R,~i~ ~azke, rA o?yl t ~' ~ ~ .~ ~~a~e,w.-~ ~ ~d J 2 ~~ ~ ~ 1 s S~~ ~~ ~ ,~ D~ P-~~ ~~,~ ~ _ ~`~b/~ ~'~D ~Il xa ~ ~ r. ~ a n a K~.1~~1 20 sc,~-~ 2 vA- °z, ~~' S 9~ f~.2~ ~- ~ ~ ~a~og ~ ,~ ~~ v~,~o~ a ~ s3 tea w ¢ ~ a~n~ (~~5~ ~ U~ i ~~ ~~ M ~. ~5 r ~ U~ 2~(d~8 !t ~~ ~ l ~J r.Z f (lfl , ~ ~aQ~1d v ~ f ~~ lNi~ L V ~Il'--~c.~ z the undersi.;ned concerned citizen do hereby the rezoning of the land at the intersection the development o~ a Home Depot Store. Name state Lhat I support Rt:.419 and Rt.221 for Address C~ o ~ i 2 7~5 r~ ~~ ~ ~ z.~~~z~ _z,~ ~~ G~ ~nr~e~- Y.~G~ . 2 c~~~~~ l ~ ,~ i ~ y0 ~q t~ Penn 1-o~,e~-131 v ~'~(e V ~-2~b18` ~ ~ n .~ v ~~~'~ (~~w ~ ~~~ I the undersigned concerned citizen do hereby state that I support the rezoning of the land at tale intersection Rt.419 and Rt.221 for the development of a Home Depot Store. Name Addrase AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 22, 1998 RESOLUTION 092298-10 AUTHORIZING THE ISSUANCE OF $7,965,000 GENERAL OBLIGATION SCHOOL BONDS OF THE COUNTY OF ROANOKE, VIRGINIA TO BE SOLD TO THE VIRGINIA PUBLIC SCHOOL AUTHORITY AND PROVIDING FOR THE FORM AND DETAILS THEREOF WHEREAS, the Board of Supervisors (the "Board") of the County of Roanoke, Virginia (the "County") has determined that it is necessary and expedient to borrow not to exceed $7,965,000 and to issue its general obligation school bonds to finance certain capital projects for school purposes. WHEREAS, the County has held a public hearing, after due publication of notice, in accordance with Section 15.2-2606, Code of Virginia of 1950, as amended (the "Virginia Code"), on September 22, 1998 on the issuance of school bonds in an amount not to exceed $7,965,000. WHEREAS the School Board of the County has requested by resolution the Board to authorize the issuance of the Bonds (as defined below) and has consented to the issuance of the Bonds. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF ROANOKE, VIRGINIA: 1. Authorization of Bonds and Use of Proceeds. The Board hereby determines that it is advisable to contract a debt and to issue and sell general obligation school bonds of the County in an aggregate principal amount not to exceed $7,965,000 (the "Bonds") for the purpose of financing certain capital projects for school purposes. The Board hereby authorizes the issuance and sale of the Bonds in the form and upon the terms established pursuant to this Resolution. 2. Sale of the Bonds. It is determined to be in the best interest of the County to accept the offer of the Virginia Public School Authority (the "VPSA") to purchase from the County, and to sell to the VPSA, the Bonds at a price determined by the VPSA and accepted by the Chairman of the Board or the County Administrator, such price to be not less than 99% of par and not more than 103% of par, and upon the terms established pursuant to this Resolution. The County Administrator and the Chairman of the Board, or either of them, and such officer or officers of the County as either of them may designate, are hereby authorized and directed to enter into the Bond Sale Agreement, dated as of October 9, 1998, with the VPSA providing for the sale of the Bonds to the VPSA in substantially the form on file with the County Administrator, which form is hereby approved ("Bond Sale Agreement"). 3. Details of the Bonds. The Bonds shall be issuable in fully registered form in denominations of $5,000 and whole multiples thereof; shall be dated the date of issuance and delivery of the Bonds; shall be designated "General Obligation School Bonds, Series 1998A"; shall bear interest from the date of delivery thereof payable semi- annually on each January 15 and July 15 (each an "Interest Payment Date"), beginning July 15, 1999, (or such other date or dates as the County Administrator may approve) at the rates established in accordance with paragraph 4 of this Resolution; and shall mature on July 15 (or such other date as the County Administrator may approve) in the years (each a "Principal Payment Date") and in the amounts established in accordance with paragraph 4 of this Resolution. 4. Principal Installments and Interest Rates. The County Administrator is hereby authorized and directed to accept the interest rates on the Bonds established by the VPSA, provided that each interest rate shall be ten one-hundredths of one percent (0.10°/a) over the interest rate to be paid by the VPSA for the corresponding principal payment date of the bonds to be issued by the VPSA (the "VPSA Bonds"), a portion of the proceeds of which will be used to purchase the Bonds, and provided further, that the true interest cost of the Bonds does not exceed six and one-half percent (6'/%) per annum. The County Administrator is further authorized and directed to accept the aggregate principal amount of the Bonds and the amounts of principal of the Bonds coming due on each Principal Payment Date ("Principal Installments") established by the VPSA, including any changes in the Interest Payment Dates, the Principal Payment Dates and the Principal Installments which may be requested by VPSA provided that such aggregate principal amount shall not exceed the maximum amount set forth in paragraph one and the final maturity of the Bonds shall not be later than 21 years from their date. The execution and delivery of the Bonds as described in paragraph 8 hereof shall conclusively evidence such Interest Payment Dates, Principal Payment Dates, interest rates, principal amount and Principal Installments as having been so accepted as authorized by this Resolution. 5. Form of the Bonds. The Bonds shall be initially in the form of a single, temporary typewritten bond substantially in the form attached hereto as Exhibit A. 6. Payment: Paying_Agent and Bond Registrar. The following provisions shall apply to the Bonds: (a) For as long as the VPSA is the registered owner of the Bonds, all payments of principal of, premium, if any, and interest on the Bonds shall be made in immediately available funds to the VPSA at or before 11:00 a.m. on the applicable Interest Payment Date, Principal Payment Date or date fixed for prepayment or redemption, or if such date is not a business day for Virginia banks or for the Commonwealth of Virginia, then at or before 11:00 a.m. on the business day next preceding such Interest Payment Date, Principal Payment Date or date fixed for prepayment or redemption; -2- (b) All overdue payments of principal and, to the extent permitted by law, interest shall bear interest at the applicable interest rate or rates on the Bonds; and (c) Crestar Bank, Richmond, Virginia, is designated as Bond Registrar and Paying Agent for the Bonds. 7. Prepayment or Redem t~ The Principal Installments of the Bonds held by the VPSA coming due on or before July 15, 2009, and the definitive Bonds for which the Bonds held by the VPSA may be exchanged that mature on or before July 15, 2009, are not subject to prepayment or redemption prior to their stated maturities. The Principal Installments of the Bonds held by the VPSA coming due after July 15, 2009, and the definitive Bonds for which the Bonds held by the VPSA may be exchanged that mature after July 15, 2009, are subject to prepayment or redemption at the option of the County prior to their stated maturities in whole or in part, on any date on or after July 15, 2009, upon payment of the prepayment or redemption prices (expressed as percentages of Principal Installments to be prepaid or the principal amount of the Bonds to be redeemed) set forth below plus accrued interest to the date set for prepayment or redemption: July 15, 2009 to July 14, 2010, inclusive ............. 102% July 15, 2010 to July 14, 2011, inclusive ............. 101 July 15, 2011 and thereafter .......................... 100; Provided, however, that the Bonds shall not be subject to prepayment or redemption prior to their stated maturities as described above without first obtaining the written consent of the registered owner of the Bonds. Notice of any such prepayment or redemption shall be given by the Bond Registrar to the registered owner by registered mail not more than ninety (90) and not less than sixty (60) days before the date fixed for prepayment or redemption. The County Administrator is authorized to approve such other redemption provisions, including changes to the redemption dates set forth above, as may be requested by the VPSA. 8. Execution of the Bonds. The Chairman or Vice Chairman and the Clerk or any Deputy Clerk of the Board are authorized and directed to execute and deliver the Bonds and to affix the seal of the County thereto. 9. Pledge of Full Faith and Credit. For the prompt payment of the principal of, and the premium, if any, and the interest on the Bonds as the same shall become due, the full faith and credit of the County are hereby irrevocably pledged, and in each year while any of the Bonds shall be outstanding there shall be levied and collected in accordance with law an annual ad valorem tax upon all taxable property in the County subject to local taxation sufficient in amount to provide for the payment of the principal of, and the premium, if any, and the interest on the Bonds as such principal, premium, if any, -3- and interest shall become due, which tax shall be without limitation as to rate or amount and in addition to all other taxes authorized to be levied in the County to the extent other funds of the County are not lawfully available and appropriated for such purpose. 10. Use of Proceeds Certificate; Non-Arbitrage Certificate. The Chairman of the Board and the County Administrator and such officer or officers of the County as either may designate are hereby authorized and directed to execute aNon-Arbitrage Certificate, if requested by bond counsel, and a Use of Proceeds Certificate setting forth the expected use and investment of the proceeds of the Bonds and containing such covenants as may be necessary in order to show compliance with the provisions of the Internal Revenue Code of 1986, as amended (the "Code"), and applicable regulations relating to the exclusion from gross income of interest on the Bonds and on the VPSA Bonds. The Board covenants on behalf of the County that (i) the proceeds from the issuance and sale of the Bonds will be invested and expended as set forth in such Use of Proceeds Certificate and the County shall comply with the covenants and representations contained therein and (ii) the County shall comply with the provisions of the Code so that interest on the Bonds and on the VPSA Bonds will remain excludable from gross income for Federal income tax purposes. 11. State Non-Arbitraae Program; Proceeds Agreement. The Board hereby determines that it is in the best interests of the County to authorize and direct the County Treasurer to participate in the State Non-Arbitrage Program in connection with the Bonds. The County Administrator and the Chairman of the Board, or either of them, and such officer or officers of the County as either of them may designate, are hereby authorized and directed to execute and deliver a Proceeds Agreement with respect to the deposit and investment of proceeds of the Bonds by and among the County, the other participants in the sale of the VPSA Bonds, the VPSA, the investment manager, and the depository substantially in the form on file with the County Administrator, which form is hereby approved. 12. Continuing Disclosure Agreement. The Chairman of the Board and the County Administrator, or either of them, and such officer or officers of the County as either of them may designate are hereby authorized and directed (i) to execute a Continuing Disclosure Agreement, as set forth in Appendix F to the Bond Sale Agreement, setting forth the reports and notices to be filed by the County and containing such covenants as may be necessary in order to show compliance with the provisions of the Securities and Exchange Commission Rule 15c2-12 and (ii) to make all filings required by Section 3 of the Bond Sale Agreement should the County be determined by the VPSA to be a MOP (as defined in the Continuing Disclosure Agreement). 13. Filing of Resolution. The appropriate officers or agents of the County are hereby authorized and directed to cause a certified copy of this Resolution to be filed with the Circuit Court of the County. -4- 14. Further Actions. The County Administrator, the Chairman of the Board, and such other officers, employees and agents of the County as either of them may designate are hereby authorized to take such action as the County Administrator or the Chairman of the Board may consider necessary or desirable in connection with the issuance and sale of the Bonds and any such action previously taken is hereby ratified and confirmed. 15. Effective Date. This Resolution shall take effect immediately. The undersigned Clerk of the Board of Supervisors of the County of Roanoke, Virginia, hereby certifies that the foregoing constitutes a true and correct extract from the minutes of a meeting of the Board of Supervisors held on September 22, 1998, and of the whole thereof so far as applicable to the matters referred to in such extract. I hereby further certify that such meeting was a regularly scheduled meeting and that, during the consideration of the foregoing resolution, a quorum was present. The front page of this Resolution accurately records (i) the members of the Board of Supervisors present at the meeting, (ii) the members who were absent from the meeting and (iii) the vote of each member, including any abstentions. 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: 1~. Mary H. Allen, CMC/AAE Clerk to the Board of Supervisors cc: File Diane D. Hyatt, Director, Finance Paul M. Mahoney, County Attorney Dr. Deanna Gordon, School Superintendent Brenda Chastain, Clerk, School Board -s- ACTION # ITEM NUMBER T AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMII~TISTRATION CENTER MEETING DATE: September 22, 1998 AGENDA ITEM: Public Hearing for the Issuance of Virginia Public School Authority Bonds of $7,965,000 for Bonsack Elementary School, Burlington Elementary School, Clearbrook Elementary School, and Roof Replacements COUNTY ADMINISTRATOR'S COMMENTS: ~~~ BACKGROUND: On August 19, 1997, the County Board of Supervisors authorized the School Board to proceed with Phase 1 of the School Capital Improvement Program as outlined in the revised Blue Ribbon Committee Report. Included in the Phase 1 recommendations was the construction of a new elementary school in the Bonsack area, renovations to Burlington Elementary and Clearbrook Elementary, and a roof replacement program. The County Board has approved temporary advances to begin construction on these projects. The following funds are included in the planned VPSA borrowing: New Bonsack Elementary (total cost of $7,523,520) $2,523,520 Burlington Elementary Renovations 2,657,100 Clearbrook Elementary Renovations 2,581,620 Roof Replacements 200 000 Total 7 962 240 SUMMARY OF INFORMATION: We have submitted the required application and resolutions for the 1998 Fall VPSA Bond sale. As part of this application process, a public hearing must be held and a specific resolution needs to be adopted by the County Board. The amount borrowed must be rounded up to the next $5,000 for the bond sale. FISCAL IMPACT: The first debt payment of approximately $943,000 will begin in the 1999-2000 fiscal year. M:~nva,~vcE~co~ot~soaxv~-a2-9a.RPT . ~ - ~ ~ /'~ STAFF RECOMMENDATION: Staffrecommends a public hearing be conducted at this board meeting and the subsequent adoption of the attached resolution authorizing the issuance of Virginia Public School Authority 1998 Fall VPSA bonds for an amount not to exceed $7,965,000. SUBMITTED BY: 1UC-Q.rrtsz~ ~. ~Ci..~ Diane D. Hyatt Director of Finance APPROVED: Elmer C. Hodge County Administrator Approved ( ) Denied ( ) Received ( ) Referred ( ) To () McNamara Harrison Johnson Minnix Nickens No Yes Abs M:\FINANCE\COMMON\BOARD\9-22-98.RPT ~/ A RESOLUTION AUTHORIZING THE ISSUANCE OF $7,965,000 GENERAL OBLIGATION SCHOOL BONDS OF THE COUNTY OF ROANOKE, VIRGINIA TO BE SOLD TO THE VIRGINIA PUBLIC SCHOOL AUTHORITY AND PROVIDING FOR THE FORM AND DETAILS THEREOF WHEREAS, the Board of Supervisors (the "Board") of the County of Roanoke, Virginia (the "County") has determined that it is necessary and expedient to borrow not to exceed $7,965,000 and to issue its general obligation school bonds to finance certain capital projects for school purposes. WHEREAS, the County has held a public hearing, after due publication of notice, in accordance with Section 15.2-2606, Code of Virginia of 1950, as amended (the "Virginia Code"), on September 22, 1998 on the issuance of school bonds in an amount not to exceed $7,965,000. WHEREAS the School Board of the County has requested by resolution the Board to authorize the issuance of the Bonds (as defined below) and has consented to the issuance of the Bonds. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF ROANOKE, VIRGINIA: 1. Authorization of Bonds and Use of Proceeds. The Board hereby determines that it is advisable to contract a debt and to issue and sell general obligation school bonds of the County in an aggregate principal amount not to exceed $7,965,000 (the "Bonds") for the purpose of financing certain capital projects for school purposes. The Board hereby authorizes the issuance and sale of the Bonds in the form and upon the terms established pursuant to this Resolution. 2. Sale of the Bonds. It is determined to be in the best interest of the County to accept the offer of the Virginia Public School Authority (the "VPSA") to purchase from the County, and to sell to the VPSA, the Bonds at a price determined by the VPSA and accepted by the Chairman of the Board or the County Administrator, such price to be not less than 99% of par and not more than 103% of par, and upon the terms established pursuant to this Resolution. The County Administrator and the Chairman of the Board, or either of them, and such officer or officers of the County as either of them may designate, are hereby authorized and directed to enter into the Bond Sale Agreement, dated as of October 9, 1998, with the VPSA providing for the sale of the Bonds to the VPSA in substantially the form on file with the County Administrator, which form is hereby approved ("Bond Sale Agreement"). -T= / 3. Details of the Bonds. The Bonds shall be issuable in fully registered form in denominations of $5,000 and whole multiples thereof; shall be dated the date of issuance and delivery of the Bonds; shall be designated "General Obligation School Bonds, Series 1998A"; shall bear interest from the date of delivery thereof payable semi-annually on each January 15 and July 15 (each an "Interest Payment Date"), beginning July 15, 1999, (or such other date or dates as the County Administrator may approve) at the rates established in accordance with paragraph 4 of this Resolution; and shall mature on July 15 (or such other date as the County Administrator may approve) in the years (each a "Principal Payment Date") and in the amounts established in accordance with paragraph 4 of this Resolution. 4. Principal Installments and Interest Rates. The County Administrator is hereby authorized and directed to accept the interest rates on the Bonds established by the VPSA, provided that each interest rate shall be ten one-hundredths of one percent (0.10%) over the interest rate to be paid by the VPSA for the corresponding principal payment date of the bonds to be issued by the VPSA (the "VPSA Bonds"), a portion of the proceeds of which will be used to purchase the Bonds, and provided further, that the true interest cost of the Bonds does not exceed six and one-half percent (6~%) per annum. The County Administrator is further authorized and directed to accept the aggregate principal amount of the Bonds and the amounts of principal of the Bonds coming due on each Principal Payment Date ("Principal Installments") established by the VPSA, including any changes in the Interest Payment Dates, the Principal Payment Dates and the Principal Installments which may be requested by VPSA provided that such aggregate principal amount shall not exceed the maximum amount set forth in paragraph one and the final maturity of the Bonds shall not be later than 21 years from their date. The execution and delivery of the Bonds as described in paragraph 8 hereof shall conclusively evidence such Interest Payment Dates, Principal Payment Dates, interest rates, principal amount and Principal Installments as having been so accepted as authorized by this Resolution. 5. Form of the Bonds. The Bonds shall be initially in the form of a single, temporary typewritten bond substantially in the form attached hereto as Exhibit A. 6. Payment; Paying Agent and Bond Registrar. The following provisions shall apply to the Bonds: (a) For as long as the VPSA is the registered owner of the Bonds, all payments of principal of, premium, if any, and -2- / -~ interest on the Bonds shall be made in immediately available funds to the VPSA at or before 11:00 a.m. on the applicable Interest Payment Date, Principal Payment Date or date fixed for prepayment or redemption, or if such date is not a business day for Virginia banks or for the Commonwealth of Virginia, then at or before 11:00 a.m. on the business day next preceding such Interest Payment Date, Principal Payment Date or date fixed for prepayment or redemption; (b) All overdue payments of principal and, to the extent permitted by law, interest shall bear interest at the applicable interest rate or rates on the Bonds; and (c) Crestar Bank, Richmond, Virginia, is designated as Bond Registrar and Paying Agent for the Bonds. 7. Prepayment or Redemption. The Principal Installments of the Bonds held by the VPSA coming due on or before July 15, 2009, and the definitive Bonds for which the Bonds held by the VPSA may be exchanged that mature on or before July 15, 2009, are not subject to prepayment or redemption prior to their stated maturities. The Principal Installments of the Bonds held by the VPSA coming due after July 15, 2009, and the definitive Bonds for which the Bonds held by the VPSA may be exchanged that mature after July 15, 2009, are subject to prepayment or redemption at the option of the County prior to their stated maturities in whole or in part, on any date on or after July 15, 2009, upon payment of the prepayment or redemption prices (expressed as percentages of Principal Installments to be prepaid or the principal amount of the Bonds to be redeemed) set forth below plus accrued interest to the date set for prepayment or redemption: Dates Prices July 15, 2009 to July 14, 2010, inclusive ............. 1020 July 15, 2010 to July 14, 2011, inclusive ............. 101 July 15, 2011 and thereafter .......................... 100; Provided, however, that the Bonds shall not be subject to prepayment or redemption prior to their stated maturities as described above without first obtaining the written consent of the registered owner of the Bonds. Notice of any such prepayment or redemption shall be given by the Bond Registrar to the registered owner by registered mail not more than ninety (90) and not less than sixty (60) days before the date fixed for prepayment or redemption. The County Administrator is authorized to approve such other redemption provisions, including changes to -3- ~-/ the redemption dates set forth above, as may be requested by the VPSA. 8. Execution of the Bonds. The Chairman or Vice Chairman and the Clerk or any Deputy Clerk of the Board are authorized and directed to execute and deliver the Bonds and to affix the seal of the County thereto. 9. Pledge of Full Faith and Credit. For the prompt payment of the principal of, and the premium, if any, and the interest on the Bonds as the same shall become due, the full faith and credit of the County are hereby irrevocably pledged, and in each year while any of the Bonds shall be outstanding there shall be levied and collected in accordance with law an annual ad valorem tax upon all taxable property in the County subject to local taxation sufficient in amount to provide for the payment of the principal of, and the premium, if any, and the interest on the Bonds as such principal, premium, if any, and interest shall become due, which tax shall be without limitation as to rate or amount and in addition to all other taxes authorized to be levied in the County to the extent other funds of the County are not lawfully available and appropriated for such purpose. 10. Use of Proceeds Certificate; Non-Arbitrage Certificate. The Chairman of the Board and the County Administrator and such officer or officers of the County as either may designate are hereby authorized and directed to execute a Non-Arbitrage Certificate, if requested by bond counsel, and a Use of Proceeds Certificate setting forth the expected use and investment of the proceeds of the Bonds and containing such covenants as may be necessary in order to show compliance with the provisions of the Internal Revenue Code of 1986, as amended (the "Code"), and applicable regulations relating to the exclusion from gross income of interest on the Bonds and on the VPSA Bonds. The Board covenants on behalf of the County that (i) the proceeds from the issuance and sale of the Bonds will be invested and expended as set forth in such Use of Proceeds Certificate and the County shall comply with the covenants and representations contained therein and (ii) the County shall comply with the provisions of the Code so that interest on the Bonds and on the VPSA Bonds will remain excludable from gross income for Federal income tax purposes. 11. State Non-Arbitrage Program; Proceeds Agreement. The Board hereby determines that it is in the best interests of the County to authorize and direct the County Treasurer to participate in the State Non-Arbitrage Program in connection with -4- ~= / the Bonds. The County Administrator and the Chairman of the Board, or either of them, and such officer or officers of the County as either of them may designate, are hereby authorized and directed to execute and deliver a Proceeds Agreement with respect to the deposit and investment of proceeds of the Bonds by and among the County, the other participants in the sale of the VPSA Bonds, the VPSA, the investment manager, and the depository substantially in the form on file with the County Administrator, which form is hereby approved. 12. Continuing Disclosure Agreement. The Chairman of the Board and the County Administrator, or either of them, and such officer or officers of the County as either of them may designate are hereby authorized and directed (i) to execute a Continuing Disclosure Agreement, as set forth in Appendix F to the Bond Sale Agreement, setting forth the reports and notices to be filed by the County and containing such covenants as may be necessary in order to show compliance with the provisions of the Securities and Exchange Commission Rule lSc2-12 and (ii) to make all filings required by Section 3 of the Bond Sale Agreement should the County be determined by the VPSA to be a MOP (as defined in the Continuing Disclosure Agreement). 13. Filing of Resolution. The appropriate officers or agents of the County are hereby authorized and directed to cause a certified copy of this Resolution to be filed with the Circuit Court of the County. 14. Further Actions. The County Administrator, the Chairman of the Board, and such other officers, employees and agents of the County as either of them may designate are hereby authorized to take such action as the County Administrator or the Chairman of the Board may consider necessary or desirable in connection with the issuance and sale of the Bonds and any such action previously taken is hereby ratified and confirmed. 15. Effective Date. This Resolution shall take effect immediately. The undersigned Clerk of the Board of Supervisors of the County of Roanoke, Virginia, hereby certifies that the foregoing constitutes a true and correct extract from the minutes of a meeting of the Board of Supervisors held on September 29, 1998, and of the whole thereof so far as applicable to the matters referred to in such extract. I hereby further certify that such meeting was a regularly scheduled meeting and that, during the consideration of the foregoing resolution, a quorum was present. The front page of this Resolution accurately -5- ~'/ records (i) the members of the Board of Supervisors present at the meeting, (ii) the members who were absent from the meeting and (iii) the vote of each member, including any abstentions. WITNESS MY HAND and the seal of the Board of Supervisors of the County of Roanoke, Virginia, this day of September, 1998. Clerk, Board of Supervisors of the County of Roanoke, Virginia (SEAL) M:\FINANCE\COMMON\BOARD\9-22-98.RES -6- T- EXHIBIT A (FORM OF TEMPORARY BOND) N0. TR-1 UNITED STATES OF AMERICA COMMONWEALTH OF VIRGINIA COUNTY OF ROANOKE General Obligation School Bond Series 1998A The COUNTY OF ROANOKE, VIRGINIA (the "County"), for value received, hereby acknowledges itself indebted and promises to pay to the VIRGINIA PUBLIC SCHOOL AUTHORITY the principal amount of Dollars ($ ), in annual installments in the amounts set forth on Schedule I attached hereto payable on July 15, 1999 and annually on July 15 thereafter to and including July 15, 2018 (each a "Principal Payment Date"), together with interest from the date of this Bond on the unpaid installments, payable semi-annually on January 15 and July 15 of each year commencing on July 15, 1999 (each an "Interest Payment Date"; together with any Principal Payment Date, a "Payment Date"), at the rates per annum set forth on Schedule I attached hereto, subject to prepayment or redemption as hereinafter provided. Both principal of and interest on this Bond are payable in lawful money of the United States of America. i- For as long as the Virginia Public School Authority is the registered owner of this Bond, Crestar Bank, Richmond, Virginia, as bond registrar (the "Bond Registrar") shall make all payments of principal, premium, if any, and interest on this Bond, without presentation or surrender hereof, to the Virginia Public School Authority, in immediately available funds at or before 11:00 a.m. on the applicable Payment Date or date fixed for prepayment or redemption. If a Payment Date or date fixed for prepayment or redemption is not a business day for banks in the Commonwealth of Virginia or for the Commonwealth of Virginia, then the payment of principal, premium, if any, or interest on this Bond shall be made in immediately available funds at or before 11:00 a.m. on the business day next preceding the scheduled Payment Date or date fixed for prepayment or redemption. Upon receipt by the registered owner of this Bond of said payments of principal, premium, if any, and interest, written acknowledgment of the receipt thereof shall be given promptly to the Bond Registrar, and the County shall be fully discharged of its obligation on this Bond to the extent of the payment so made. Upon final payment, this Bond shall be surrendered to the Bond Registrar for cancellation. The full faith and credit of the County are irrevocably pledged for the payment of the principal of and the premium, if any, and interest on this Bond. The resolution adopted by the -2- ~_/ Board of Supervisors authorizing the issuance of the Bonds provides, and Section 15.2-2624 of the Code of Virginia of 1950, as amended, requires, that there shall be levied and collected an annual tax upon all taxable property in the County subject to local taxation sufficient to provide for the payment of the principal, premium, if any, and interest on this Bond as the same shall become due which tax shall be without limitation as to rate or amount and shall be in addition to all other taxes authorized to be levied in the County to the extent other funds of the County are not lawfully available and appropriated for such purpose. This Bond is duly authorized and issued in compliance with and pursuant to the Constitution and laws of the Commonwealth of Virginia, including the Public Finance Act of 1991, Chapter 26, Title 15.2, Code of Virginia of 1950, as amended, and resolutions duly adopted by the Board of Supervisors of the County and the School Board of the County to provide funds for capital projects for school purposes. This Bond may be exchanged without cost, on twenty (20) days written notice from the Virginia Public School Authority at the office of the Bond Registrar on one or more occasions for one or more temporary bonds or definitive bonds in marketable form and, in any case, in fully registered form, in denominations of $5,000 and whole multiples thereof, and having an equal aggregate -3- ..~ principal amount, having principal installments or maturities of and the interest rates on the installments of principal of this Bond then unpaid. This Bond is registered in the name of the Virginia Public School Authority on the books of the County kept by the Bond Registrar, and the transfer of this Bond may be effected by the registered owner of this Bond only upon due execution of an assignment by such registered owner. Upon receipt of such assignment and the surrender of this Bond, the Bond Registrar shall exchange this Bond for definitive Bonds as hereinabove provided, such definitive Bonds to be registered on such registration books in the name of the assignee or assignees named in such assignment. The principal installments of this Bond coming due on or before July 15, 2009, and the definitive Bonds for which this Bond may be exchanged that mature on or before July 15, 2009, are not subject to prepayment or redemption prior to their stated maturities. The principal installments of this Bond coming due after July 15, 2009, and the definitive Bonds for which this Bond may be exchanged that mature after July 15, 2009, are subject to prepayment or redemption at the option of the County prior to their stated maturities in whole or in part, on any date on or after July 15, 2009, upon payment of the prepayment or redemption prices (expressed as percentages of principal installments to be prepaid or the principal amount of the Bonds to be redeemed) set -~- 7=/ forth below plus accrued interest to the date set for prepayment or redemption: Dates Prices July 15, 2009 to July 14, 2010, inclusive...... 102% July 15, 2010 to July 14, 2011, inclusive...... 101 July 15, 2011 and thereafter ................... 100; Provided, however, that the Bonds shall not be subject. to prepayment or redemption prior to their stated maturities as described above without the prior written consent of the registered owner of the Bonds. Notice of any such prepayment or redemption shall be given by the Bond Registrar to the registered owner by registered mail not more than ninety (90) and not less than sixty (60) days before the date fixed for prepayment or redemption. All acts, conditions and things required by the Constitution and laws of the Commonwealth of Virginia to happen, exist or be performed precedent to and in the issuance of this Bond have happened, exist and have been performed in due time, form and manner as so required, and this Bond, together with all other indebtedness of the County, is within every debt and other limit prescribed by the Constitution and laws of the Commonwealth of Virginia. -5- ~= / IN WITNESS WHEREOF, the Board of Supervisors of the County of Roanoke, Virginia, has caused this Bond to be issued in the name of the County of Roanoke, Virginia, to be signed by its Chairman or Vice-Chairman, its seal to be affixed hereto and attested by the signature of its Clerk or any of its Deputy Clerks, and this Bond to be dated 1998. COUNTY OF ROANOKE, VIRGINIA (SEAL) ATTEST: By Clerk, Board of Supervisors Chairman, Board of Supervisors of the County of Roanoke, of the County of Roanoke, Virginia Virginia -6- ~-/ ASSIGNMENT FOR VALUE RECEIVED, the undersigned sells, assigns and transfers unto (PLEASE PRINT OR TYPEWRITE NAME AND ADDRESS, INCLUDING ZIP CODE, OF ASSIGNEE) PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF ASSIGNEE: the within Bond and irrevocably constitutes and appoints attorney to exchange said Bond for definitive bonds in lieu of which this Bond is issued and to register the transfer of such definitive bonds on the books kept for registration thereof, with full power of substitution in the premises. Dated: Signature Guaranteed: (NOTICE: Signature(s) must be guaranteed by an "eligible guarantor institution" meeting the requirements of the Bond Registrar) which requirements will include membership or participation in STAMP or such other "signature guarantee program" as may be determined by the Bond Registrar in addition to, or in substitution for, STAMP, all in accordance with the Securities and Exchange Act of 1934, as amended. Registered Owner (NOTICE: The signature above must correspond with the, name of the Registered Owner as it appears on the front of this Bond in every particular, without alteration or change.) AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 22, 1998 RESOLUTION 092298-11 AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $5,000,000 GENERAL OBLIGATION SCHOOL BONDS OF THE COUNTY OF ROANOKE, VIRGINIA TO BE SOLD TO THE VIRGINIA PUBLIC SCHOOL AUTHORITY PURSUANT TO THE LITERARY FUND SUBSIDY SALE AND PROVIDING FOR THE FORM AND DETAILS THEREOF WHEREAS, in June, 1998, the Commonwealth of Virginia Board of Education (the "Board of Education") placed the application (the "Application") of the School Board of the County of Roanoke, Virginia (the "School Board") for a loan in the amount of $5,000,000 (the "Literary Fund Loan") from the Literary Fund, a permanent trust fund established by the Constitution of Virginia (the "Literary Fund"), for the construction, renovation and expansion of school buildings (the "Project") in the CoE~of Roanoke, Virginia (the "County"), on the First Priority Waiting List. WHEREAS, the Board of Education was to have approved the release of Literary Fund moneys to the School Board and made a commitment to loan such moneys to the School Board (the "Commitment") upon receipt of the Literary Fund of an unencumbered sum available at least equal to the amount of the Application and the approval, by the Board of Education, of the Application as having met all conditions for a loan from the Literary Fund. WHEREAS, the Board of Education was thereafter to have given advances on the amount of the Commitment for the Literary Fund Loan to the School Board, as construction or renovation of the Project progressed, in exchange for a loan obligation from the School Board to the Literary Fund (the "Literary Fund Obligation") for the amounts so advanced. WHEREAS, the Literary Fund Obligation was to have borne interest at four percent (4%) per annum and mature in annual installments for a period of twenty (20) years. WHEREAS, in connection with the 1998 Interest Rate Subsidy Program (the "Program"), the Virginia Public School Authority (the "VPSA") has offered to purchase general obligation school bonds of the County, and the Board of Education has offered to pay, to the County, a lump sum cash payment (the "Lump Sum Cash Payment") equal to the sum of (i) net present value difference, determined on the date that VPSA sells its bonds, between the weighted average interest rate that the general obligation school bonds of the County will bear upon sale to the VPSA and the interest rate that the Literary Fund Obligation would have borne plus (ii) an allowance for the costs of issuing such bonds of the County (the "Issuance Expense Allowance"). WHEREAS, the Board of Supervisors (the "Board") of the County of Roanoke, Virginia (the "County") has determined that it is necessary and expedient to borrow not to exceed $5,000,000 and to issue its general obligation school bonds to finance certain capital projects for school purposes. WHEREAS, the County has held a public hearing, after due publication of notice, in accordance with Section 15.2-2606, Code of Virginia of 1950, as amended (the "Virginia Code"), on September 22, 1998 on the issuance of school bonds in an amount not to exceed $5,000,000. WHEREAS the School Board of the County has requested by resolution the Board to authorize the issuance of the Bonds (as defined below) and has consented to the issuance of the Bonds. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF ROANOKE, VIRGINIA: 1. Authorization of Bonds and Use of Proceeds. The Board hereby determines that it is advisable to contract a debt and to issue and sell general obligation school bonds of the County in an aggregate principal amount not to exceed $5,000,000 (the "Bonds") for the purpose of financing certain capital projects for school purposes. The Board hereby authorizes the issuance and sale of the Bonds in the form and upon the terms established pursuant to this Resolution. 2. Sale of the Bonds. It is determined to be in the best interest of the County to accept the offer of the VPSA to purchase from the County, and to sell to the VPSA, the Bonds at par, upon the terms established pursuant to this Resolution. The County Administrator and the Chairman of the Board, or either of them, and such officer or officers of the County as either of them may designate, are hereby authorized and directed to enter into the Bond Sale Agreement, dated as of October 9, 1998, with the VPSA providing for the sale of the Bonds to the VPSA in substantially the form on file with the County Administrator, which form is hereby approved ("Bond Sale Agreement"). 3. Details of the Bonds. The Bonds shall be issuable in fully registered form in denominations of $5,000 and whole multiples thereof; shall be dated the date of issuance and delivery of the Bonds; shall be designated "General Obligation School Bonds, Series 19988"; shall bear interest from the date of delivery thereof payable semi- annually on each January 15 and July 15 (each an "Interest Payment Date"), beginning July 15, 1999, (or such other date or dates as the County Administrator may approve) at the rates established in accordance with paragraph 4 of this Resolution; and shall mature on July 15 (or such other date as the County Administrator may approve) in the years (each a "Principal Payment Date") and in the amounts established in accordance with paragraph 4 of this Resolution. -2- 4. Principal Installments and Interest Rates. The County Administrator is hereby authorized and directed to accept the interest rates on the Bonds established by the VPSA, provided that each interest rate shall be ten one-hundredths of one percent (0.10%) over the interest rate to be paid by the VPSA for the corresponding principal payment date of the bonds to be issued by the VPSA (the "VPSA Bonds"), a portion of the proceeds of which will be used to purchase the Bonds, and provided further, that the true interest cost of the Bonds does not exceed six and one-half percent (6'/Z%) per annum. The County Administrator is further authorized and directed to accept the aggregate principal amount of the Bonds and the amounts of principal of the Bonds coming due on each Principal Payment Date ("Principal Installments") established by the VPSA, including any changes in the Interest Payment Dates, the Principal Payment Dates and the Principal Installments which may be requested by VPSA provided that such aggregate principal amount shall not exceed the maximum amount set forth in paragraph one and the final maturity of the Bonds shall not be later than 21 years from their date. The execution and delivery of the Bonds as described in paragraph 8 hereof shall conclusively evidence such Interest Payment Dates, Principal Payment Dates, interest rates, principal amount and Principal Installments as having been so accepted as authorized by this Resolution. 5. Form of the Bonds. The Bonds shall be initially in the form of a single, temporary typewritten bond substantially in the form attached hereto as Exhibit A. 6. Payment; Paying Agent and Bond Registrar. The following provisions shall apply to the Bonds: (a) For as long as the VPSA is the registered owner of the Bonds, all payments of principal of, premium, if any, and interest on the Bonds shall be made in immediately available funds to the VPSA at or before 11:00 a.m. on the applicable Interest Payment Date, Principal Payment Date or date fixed for prepayment or redemption, or if such date is not a business day for Virginia banks or for the Commonwealth of Virginia, then at or before 11:00 a.m. on the business day next preceding such Interest Payment Date, Principal Payment Date or date fixed for prepayment or redemption; (b) All overdue payments of principal and, to the extent permitted by law, interest shall bear interest at the applicable interest rate or rates on the Bonds; and (c) Crestar Bank, Richmond, Virginia, is designated as Bond Registrar and Paying Agent for the Bonds. 7. No Prepayment or Redemption. The Principal Installments of the Bonds are not subject to redemption or prepayment. Furthermore, the Board covenants, on behalf of the County, not to refund or refinance the Bonds without first obtaining the written consent of the VPSA or the registered owners of the Bonds. -3- 8. Execution of the Bonds. The Chairman or Vice Chairman and the Clerk or any Deputy Clerk of the Board are authorized and directed to execute and deliver the Bonds and to affix the seal of the County thereto. 9. Pledge of Full Faith and Credit. For the prompt payment of the principal of, and the premium, if any, and the interest on the Bonds as the same shall become due, the full faith and credit of the County are hereby irrevocably pledged, and in each year while any of the Bonds shall be outstanding there shall be levied and collected in accordance with law an annual ad valorem tax upon all taxable property in the County subject to local taxation sufficient in amount to provide for the payment of the principal of, and the premium, if any, and the interest on the Bonds as such principal, premium, if any, and interest shall become due, which tax shall be without limitation as to rate or amount and in addition to all other taxes authorized to be levied in the County to the extent other funds of the County are not lawfully available and appropriated for such purpose. 10. Use of Proceeds Certificate: Non-Arbitrage Certificate. The Chairman of the Board and the County Administrator and such officer or officers of the County as either may designate are hereby authorized and directed to execute aNon-Arbitrage Certificate, if requested by bond counsel, and a Use of Proceeds Certificate setting forth the expected use and investment of the proceeds of the Bonds and containing such covenants as may be necessary in order to show compliance with the provisions of the Internal Revenue Code of 1986, as amended (the "Code"), and applicable regulations relating to the exclusion from gross income of interest on the Bonds and on the VPSA Bonds. The Board covenants on behalf of the County that (i) the proceeds from the issuance and sale of the Bonds will be invested and expended as set forth in such Use of Proceeds Certificate and the County shall comply with the covenants and representations contained therein and (ii) the County shall comply with the provisions of the Code, except as provided above, so that interest on the Bonds and on the VPSA Bonds will remain excludable from gross income for Federal income tax purposes. 11. State Non-Arbitrage Program; Proceeds Agreement. The Board hereby determines that it is in the best interests of the County to authorize and direct the County Treasurer to participate in the State Non-Arbitrage Program in connection with the Bonds. The County Administrator and the Chairman of the Board, or either of them, and such officer or officers of the County as either of them may designate, are hereby authorized and directed to execute and deliver a Proceeds Agreement with respect to the deposit and investment of proceeds of the Bonds by and among the County, the other participants in the sale of the VPSA Bonds, the VPSA, the investment manager, and the depository substantially in the form on file with the County Administrator, which form is hereby approved. 12. Continuina Disclosure Agreement. The Chairman of the Board and the County Administrator, or either of them, and such officer or officers of the County as either of them may designate are hereby authorized and directed (i) to execute a Continuing -4- Disclosure Agreement, as set forth in Appendix F to the Bond Sale Agreement, setting forth the reports and notices to be filed by the County and containing such covenants as may be necessary in order to show compliance with the provisions of the Securities and Exchange Commission Rule 15c2-12 and (ii) to make all filings required by Section 3 of the Bond Sale Agreement should the County be determined by the VPSA to be a MOP (as defined in the Continuing Disclosure Agreement). 13. Filinct of Resolution. The appropriate officers or agents of the County are hereby authorized and directed to cause a certified copy of this Resolution to be filed with the Circuit Court of the County. 14. Further Actions. The County Administrator, the Chairman of the Board, and such other officers, employees and agents of the County as either of them may designate are hereby authorized to take such action as the County Administrator or the Chairman of the Board may consider necessary or desirable in connection with the issuance and sale of the Bonds and any such action previously taken is hereby ratified and confirmed. 15. Effective Date. This Resolution shall take effect immediately. The undersigned Clerk of the Board of Supervisors of the County of Roanoke, Virginia, hereby certifies that the foregoing constitutes a true and correct extract from the minutes of a meeting of the Board of Supervisors held on September 22, 1998, and of the whole thereof so far as applicable to the matters referred to in such extract. hereby further certify that such meeting was a regularly scheduled meeting and that, during the consideration of the foregoing resolution, a quorum was present. The front page of this Resolution accurately records (i) the members of the Board of Supervisors present at the meeting, (ii) the members who were absent from the meeting and (iii) the vote of each member, including any abstentions. 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 Diane D. Hyatt, Director, Finance Paul M. Mahoney, County Attorney Dr. Deanna Gordon, School Superintendent Brenda Chastain, Clerk, School Board -5- ACTION NO. ITEM NUMBER T'Z AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, ~` VIIZGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: Septerr 22, 1998 R, AGENDA Item: Public Hearing for the Issuance of Virginia Public School Authority Literary Fund Subsidy Bonds for $5,000,000 for Bonsack Elementary School COUNTY ADMINISTRATOR'S COMMENTS: ~%~C, SUMMARY OF INFORMATION: The Board of Supervisors has approved temporary advances to begin construction of the new Bonsack Elementary School. The School Board has filed an application for a literary loan of $5,000,000. This project is currently on the first priority waiting list. The VPSA plans to move forward with an interest rate subsidy bond issue in conjunction with the VPSA's Fall issue. The interest rate subsidy sale would enable the County to receive VPSA funds this Fall at the same interest rate as currently available through the literary loan process. FISCAL IMPACT: The first debt payment of approximately $450,000 will begin in the 1999-2000 fiscal year. STAFF RECOMMENDATION: Staff recommends a public hearing be conducted at this board meeting and the subsequent adoption of the attached resolution authorizing the issuance of 1998 VPSA Literary Fund Subsidy Bonds in the amount of $5,000,000. SUBMITTED BY: Diane D. Hyatt Director of Finance Approved ( ) Denied ( ) Received ( ) Referred ( ) Motion by APPROVED: Elmer C. Hodge County Administrator No Yes Abs Harrison Johnson McNamara M:\FINANCE\COMMON\BOARD\9-22-98B. RPT T- z To () Minnix Nickens M:\FINANCE\COMMON\BOARD\9-22-98B.RPT ~,.~ A RESOLUTION AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $5,000,000 GENERAL OBLIGATION SCHOOL BONDS OF THE COUNTY OF ROANOKE, VIRGINIA TO BE SOLD TO THE VIRGINIA PUBLIC SCHOOL AUTHORITY PURSUANT TO THE LITERARY FUND SUBSIDY SALE AND PROVIDING FOR THE FORM AND DETAILS THEREOF WHEREAS, in June, 1998, the Commonwealth of Virginia Board of Education (the "Board of Education") placed the application (the "Application") of the School Board of the County of Roanoke, Virginia (the "School Board") for a loan in the amount of $5,000,000 (the "Literary Fund Loan") from the Literary Fund, a permanent trust fund established by the Constitution of Virginia (the "Literary Fund"), for the construction, renovation and expansion of school buildings (the "Project") in the County of Roanoke, Virginia (the "County"), on the First Priority Waiting List. WHEREAS, the Board of Education was to have approved the release of Literary Fund moneys to the School Board and made a commitment to loan such moneys to the School Board (the "Commitment") upon receipt of the Literary Fund of an unencumbered sum available at least equal to the amount of the Application and the approval, by the Board of Education, of the Application as having met all conditions for a loan from the Literary Fund. WHEREAS, the Board of Education was thereafter to have given advances on the amount of the Commitment for the Literary Fund Loan to the School Board, as construction or renovation of the Project progressed, in exchange for a loan obligation from the School Board to the Literary Fund (the "Literary Fund Obligation") for the amounts so advanced. WHEREAS, the Literary Fund Obligation was to have borne interest at four percent (4%) per annum and mature in annual installments for a period of twenty (20) years. WHEREAS, in connection with the 1998 Interest Rate Subsidy Program (the "Program"), the Virginia Public School Authority (the "VPSA") has offered to purchase general obligation school bonds of the County, and the Board of Education has offered to pay, to the County, a lump sum cash payment (the "Lump Sum Cash Payment") equal to the sum of (i) net present value difference, determined on the date that VPSA sells its bonds, between the weighted average interest rate that the general obligation school bonds of the County will bear upon sale to the VPSA and the interest rate that the Literary Fund Obligation would have borne / - .~. plus (ii) an allowance for the costs of issuing such bonds of the County (the "Issuance Expense Allowance"). WHEREAS, the Board of Supervisors (the "Board") of the County of Roanoke, Virginia (the "County") has determined that it is necessary and expedient to borrow not to exceed $5,000,000 and to issue its general obligation school bonds to finance certain capital projects for school purposes. WHEREAS, the County has held a public hearing, after due publication of notice, in accordance with Section 15.2-2606, Code of Virginia of 1950, as amended (the "Virginia Code"), on September 22, 1998 on the issuance of school bonds in an amount not to exceed $5,000,000. WHEREAS the School Board of the County has requested by resolution the Board to authorize the issuance of the Bonds (as defined below) and has consented to the issuance of the Bonds. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF ROANOKE, VIRGINIA: 1. Authorization of Bonds and Use of Proceeds. The Board hereby determines that it is advisable to contract a debt and to issue and sell general obligation school bonds of the County in an aggregate principal amount not to exceed $5,000,000 (the "Bonds") for the purpose of financing certain capital projects for school purposes. The Board hereby authorizes the issuance and sale of the Bonds in the form and upon the terms established pursuant to this Resolution. 2. Sale of the Bonds. It is determined to be in the best interest of the County to accept the offer of the VPSA to purchase from the County, and to sell to the VPSA, the Bonds at par, upon the terms established pursuant to this Resolution. The County Administrator and the Chairman of the Board, or either of them, and such officer or officers of the County as either of them may designate, are hereby authorized and directed to enter into the Bond Sale Agreement, dated as of October 9, 1998, with the VPSA providing for the sale of the Bonds to the VPSA in substantially the form on file with the County Administrator, which form is hereby approved ("Bond Sale Agreement"). 3. Details of the Bonds. The Bonds shall be issuable in fully registered form in denominations of $5,000 and whole multiples thereof; shall be dated the date of issuance and delivery of the Bonds; shall be designated "General Obligation School Bonds, Series 1998B"; shall bear interest from the date of -2- / -,.2 delivery thereof payable semi-annually on each January 15 and July 15 (each an "Interest Payment Date"), beginning July 15, 1999, (or such other date or dates as the County Administrator may approve) at the rates established in accordance with paragraph 4 of this Resolution; and shall mature on July 15 (or such other date as the County Administrator may approve) in the years (each a "Principal Payment Date") and in the amounts established in accordance with paragraph 4 of this Resolution. 4. Principal Installments and Interest Rates. The County Administrator is hereby authorized and directed to accept the interest rates on the Bonds established by the VPSA, provided that each interest rate shall be ten one-hundredths of one percent (0.10%) over the interest rate to be paid by the VPSA for the corresponding principal payment date of the bonds to be issued by the VPSA (the "VPSA Bonds"), a portion of the proceeds of which will be used to purchase the Bonds, and provided further, that the true interest cost of the Bonds does not exceed six and one-half percent (6'~%) per annum. The County Administrator is further authorized and directed to accept the aggregate principal amount of the Bonds and the amounts of principal of the Bonds coming due on each Principal Payment Date ("Principal Installments") established by the VPSA, including any changes in the Interest Payment Dates, the Principal Payment Dates and the Principal Installments which may be requested by VPSA provided that such aggregate principal amount shall not exceed the maximum amount set forth in paragraph one and the final maturity of the Bonds shall not be later than 21 years from their date. The execution and delivery of the Bonds as described in paragraph 8 hereof shall conclusively evidence such Interest Payment Dates, Principal Payment Dates, interest rates, principal amount and Principal Installments as having been so accepted as authorized by this Resolution. 5. Form of the Bonds. The Bonds shall be initially in the form of a single, temporary typewritten bond substantially in the form attached hereto as Exhibit A. 6. Payment- Paying Agent and Bond Registrar. The following provisions shall apply to the Bonds: (a) For as long as the VPSA is the registered owner of the Bonds, all payments of principal of, premium, if any, and interest on the Bonds shall be made in immediately available funds to the VPSA at or before 11:00 a.m. on the applicable Interest Payment Date, Principal Payment Date or date fixed for prepayment or redemption, or if such date is not a business day for Virginia banks or for the Commonwealth of Virginia, then at -3- -~ or before 11:00 a.m. on the business day next preceding such Interest Payment Date, Principal Payment Date or date fixed for prepayment or redemption; (b) All overdue payments of principal and, to the extent permitted by law, interest shall bear interest at the applicable interest rate or rates on the Bonds; and (c) Crestar Bank, Richmond, Virginia, is designated as Bond Registrar and Paying Agent for the Bonds. 7. No Prepayment or Redemption. The Principal Installments of the Bonds are not subject to redemption or prepayment. Furthermore, the Board covenants, on behalf of the County, not to refund or refinance the Bonds without first obtaining the written consent of the VPSA or the registered owners of the Bonds. 8. Execution of the Bonds. The Chairman or Vice Chairman and the Clerk or any Deputy Clerk of the Board are authorized and directed to execute and deliver the Bonds and to affix the seal of the County thereto. 9. Pledge of Full Faith and Credit. For the prompt payment of the principal of, and the premium, if any, and the interest on the Bonds as the same shall become due, the full faith and credit of the County are hereby irrevocably pledged, and in each year while any of the Bonds shall be outstanding there shall be levied and collected in accordance with law an annual ad valorem tax upon all taxable property in the County subject to local taxation sufficient in amount to provide for the payment of the principal of, and the premium, if any, and the interest on the Bonds as such principal, premium, if any, and interest shall become due, which tax shall be without limitation as to rate or amount and in addition to all other taxes authorized to be levied in the County to the extent other funds of the County are not lawfully available and appropriated for such purpose. 10. Use of Proceeds Certificate: Non-Arbitrage Certificate. The Chairman of the Board and the County Administrator and such officer or officers of the County as either may designate are hereby authorized and directed to execute a Non-Arbitrage Certificate, if requested by bond counsel, and a Use of Proceeds Certificate setting forth the expected use and investment of the proceeds of the Bonds and containing such covenants as may be necessary in order to show compliance with the provisions of the Internal Revenue Code of -4- / -~ 1986, as amended (the "Code"), and applicable regulations relating to the exclusion from gross income of interest on the Bonds and on the VPSA Bonds. The Board covenants on behalf of the County that (i) the proceeds from the issuance and sale of the Bonds will be invested and expended as set forth in such Use of Proceeds Certificate and the County shall comply with the covenants and representations contained therein and (ii) the County shall comply with the provisions of the Code, except as provided above, so that interest on the Bonds and on the VPSA Bonds will remain excludable from gross income for Federal income tax purposes. 11. State Non-Arbitrage Program; Proceeds Agreement. The Board hereby determines that it is in the best interests of the County to authorize and direct the County Treasurer to participate in the State Non-Arbitrage Program in connection with the Bonds. The County Administrator and the Chairman of the Board, or either of them, and such officer or officers of the County as either of them may designate, are hereby authorized and directed to execute and deliver a Proceeds Agreement with respect to the deposit and investment of proceeds of the Bonds by and among the County, the other participants in the sale of the VPSA Bonds, the VPSA, the investment manager, and the depository substantially in the form on file with the County Administrator, which form is hereby approved. 12. Continuing Disclosure Agreement. The Chairman of the Board and the County Administrator, or either of them, and such officer or officers of the County as either of them may designate are hereby authorized and directed (i) to execute a Continuing Disclosure Agreement, as set forth in Appendix F to the Bond Sale Agreement, setting forth the reports and notices to be filed by the County and containing such covenants as may be necessary in order to show compliance with the provisions of the Securities and Exchange Commission Rule 15c2-12 and (ii) to make all filings required by Section 3 of the Bond Sale Agreement should the County be determined by the VPSA to be a MOP (as defined in the Continuing Disclosure Agreement). 13. Filing of Resolution. The appropriate officers or agents of the County are hereby authorized and directed to cause a certified copy of this Resolution to be filed with the Circuit Court of the County. 14. Further Actions. The County Administrator, the Chairman of the Board, and such other officers, employees and agents of the County as either of them may designate are hereby authorized to take such action as the County Administrator or the -5- ~_ ~ - .%~.. Chairman of the Board may consider necessary or desirable in connection with the issuance and sale of the Bonds and any such action previously taken is hereby ratified and confirmed. 15. Effective Date. This Resolution shall take effect immediately. The undersigned Clerk of the Board of Supervisors of the County of Roanoke, Virginia, hereby certifies that the foregoing constitutes a true and correct extract from the minutes of a meeting of the Board of Supervisors held on September 29, 1998, and of the whole thereof so far as applicable to the matters referred to in such extract. I hereby further certify that such meeting was a regularly scheduled meeting and that, during the consideration of the foregoing resolution, a quorum was present. The front page of this Resolution accurately records (i) the members of the Board of Supervisors present at the meeting, (ii) the members who were absent from the meeting and (iii) the vote of each member, including any abstentions. WITNESS MY HAND and the seal of the Board of Supervisors of the County of Roanoke, Virginia, this day of September, 1998. Clerk, Board of Supervisors of the County of Roanoke, Virginia (SEAL) -6- /-2 EXHIBIT A (FORM OF TEMPORARY BOND) NO. TS-1 UNITED STATES OF AMERICA COMMONWEALTH OF VIRGINIA COUNTY OF ROANOKE General Obligation School Bond Series 1998B The COUNTY OF ROANOKE, VIRGINIA (the "County"), for value received, hereby acknowledges itself indebted and promises to pay to the VIRGINIA PUBLIC SCHOOL AUTHORITY the principal amount of Million Dollars ($ ), in annual installments in the amounts set forth on Schedule I attached hereto payable on July 15, 1999 and annually on July 15 thereafter to and including July 15, 2018 (each a "Principal Payment Date"), together with interest from the date of this Bond on the unpaid installments, payable semi-annually on January 15 and July 15 of each year commencing on July 15, 1999 (each an "Interest Payment Date"; together with any Principal Payment Date, a "Payment Date"), at the rates per annum set forth on Schedule I attached hereto, subject to prepayment or redemption as hereinafter provided. Both principal of and interest on this Bond are payable in lawful money of the United States of America. ~- z For as long as the Virginia Public School Authority is the registered owner of this Bond, Crestar Bank, Richmond, Virginia, as bond registrar (the "Bond Registrar") shall make all payments of principal of, premium, if any, and interest on this Bond, without presentation or surrender hereof, to the Virginia Public School Authority, in immediately available funds at or before 11:00 a.m. on the applicable Payment Date or date fixed for prepayment or redemption. If a Payment Date or date fixed for prepayment or redemption is not a business day for banks in the Commonwealth of Virginia or for the Commonwealth of Virginia, then the payment of principal of, premium, if any, or interest on this Bond shall be made in immediately available funds at or before 11:00 a.m. on the business day next preceding the scheduled Payment Date or date fixed for prepayment or redemption. Upon receipt by the registered owner of this Bond of said payments of principal, premium, if any, and interest, written acknowledgment of the receipt thereof shall be given promptly to the Bond Registrar, and the County shall be fully discharged of its obligation on this Bond to the extent of the payment so made. Upon final payment, this Bond shall be surrendered to the Bond Registrar for cancellation. The full faith and credit of the County are irrevocably pledged for the payment of the principal of, premium, if any, and interest on this Bond. The resolution adopted by the Board of -2- / - .2, Supervisors authorizing the issuance of the Bonds provides, and Section 15.2-2624 of the Code of Virginia of 1950, as amended, requires, that there shall be levied and collected an annual tax upon all taxable property in the County subject to local taxation sufficient to provide for the payment of the principal of, premium, if any, and interest on this Bond as the same shall become due which tax shall be without limitation as to rate or amount and shall be in addition to all other taxes authorized to be levied in the County to the extent other funds of the County are not lawfully available and appropriated for such purpose. This Bond is duly authorized and issued in compliance with and pursuant to the Constitution and laws of the Commonwealth of Virginia, including the Public Finance Act of 1991, Chapter 26, Title 15.2, Code of Virginia of 1950, as amended, and resolutions duly adopted by the Board of Supervisors of the County and the School Board of the County to provide funds for capital projects for school purposes. This Bond may be exchanged without cost on twenty (20) days written notice from the Virginia Public School Authority, at the office of the Bond Registrar on one or more occasions for one or more temporary bonds or definitive bonds in marketable form and, in any case, in fully registered form, in denominations of $5,000 and whole multiples thereof, and having an equal aggregate principal amount, having principal installments or maturities and -3- /- ~ bearing interest at rates corresponding to the maturities of and the interest rates on the installments of principal of this Bond then unpaid. This Bond is registered in the name of the Virginia Public School Authority on the books of the County kept by the Bond Registrar, and the transfer of this Bond may be effected by the registered owner of this Bond only upon due execution of an assignment by such registered owner. Upon receipt of such assignment and the surrender of this Bond, the Bond Registrar shall exchange this Bond for definitive Bonds as hereinabove provided, such definitive Bonds to be registered on such registration books in the name of the assignee or assignees named in such assignment. The principal installments of this Bond are not subject to redemption or prepayment. All acts, conditions and things required by the Constitution and laws of the Commonwealth of Virginia to happen, exist or be performed precedent to and in the issuance of this Bond have happened, exist and have been performed in due time, form and manner as so required, and this Bond, together with all other indebtedness of the County, is within every debt and other limit prescribed by the Constitution and laws of the Commonwealth of Virginia. -4- 1 ~~~ ~~ IN WITNESS WHEREOF, the Board of Supervisors of the County of Roanoke, Virginia, has caused this Bond to be issued in the name of the County of Roanoke, Virginia, to be signed by its Chairman, its seal to be affixed hereto and attested by the signature of its Clerk, and this Bond to be dated , 1998. COUNTY OF ROANOKE, VIRGINIA (SEAL ) ATTEST: Clerk, Board of Supervisors of the County of Roanoke, Virginia By Chairman, Board of Supervisors of the County of Roanoke, Virginia -S- -' ,~.. ASSIGNMENT FOR VALUE RECEIVED, the undersigned sells, assigns and transfers unto (PLEASE PRINT OR TYPEWRITE NAME AND ADDRESS, INCLUDING ZIP CODE, OF ASSIGNEE) the within Bond and irrevocably constitutes and appoints attorney to exchange said Bond for definitive bonds in lieu of which this Bond is issued and to register the transfer of such definitive bonds on the books kept for registration thereof, with full power of substitution in the premises. PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF ASSIGNEE: Dated: Signature Guaranteed: (NOTICE: Signature(s) must be guaranteed by an "eligible guarantor institution" meeting the requirements of the Bond Registrar which requirements will include membership or participation in STAMP or such other "signature guarantee program" as may be determined by the Bond Registrar in addition to, or in substitution for, STAMP, all in accordance with the Securities Exchange Act of 1934, as amended. company.) Registered Owner (NOTICE: The signature above must correspond with the. name of the Registered Owner as it appears on the front of this Bond in every particular, without alteration or change.) ACTION NO. ITEM NO. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 22, 1998 AGENDA ITEM: Ordinance to exercise an option with Kenneth A. Keeney and Catherine L. Keeney to purchase approximately. 0.254 acres on Westmoreland Avenue (being Tax Map No. 77.13-5-31) in connection with an economic development project located off Virginia Route 419 and U. S. Route 221 COUNTY ADMINISTRATOR'S COMMENTS: This is being brought to you at the request of Mr. Keeney who wishes to have his property acquired on the same schedule as his neighbor, the Roses. Recommend going forward with first reading. If there are changes to the rezoning, the issue will be brought back to the Board. EXECUTIVE SUMMARY: Roanoke County is assisting in the Home Depot commercial development located at the intersection of Virginia Route 419 and U.S. Route 221 in the Cave Spring area. Kenneth A. Keeney and Catherine L. Keeney own a 0.254 acre tract upon which it is proposed to locate access to a realignment and reconstructed Westmoreland Avenue (State Route 1607). Roanoke County negotiated an option to purchase agreement with the Keeneys and is desirous to exercise the option so that site development for this project may proceed. The Board of Supervisors approved the option to purchase agreement on July 14, 1998. SUMMARY OF INFORMATION: The subject property is necessary for the construction of access to a realignment and reconstructed Westmoreland Avenue (State Route 1607) This lot is owned by Kenneth A. Keeney and Catherine L. Keeney and is described in the legal description in the attached ordinance. The County Administrator has negotiated a purchase price of $125,000. The second reading of this ordinance is scheduled for October 13, 1998. Staff recommends that Roanoke County begin the process to acquire this 0.254 acre lot. U:\WPDOCS\ECDEV\HD\KEENEY.RPT 1 C.~L- - FISCAL IMPACTS: An appropriation of $125,000, plus other costs and expenses including various survey, environmental assessment, and settlement costs of approximately $9,4000 is required. This amount is available in the Economic Development public private partnership account. STAFF RECOMMENDATION: Staff recommends that the Board of Supervisors adopt the first reading of the proposed ordinance approving the exercise of an option to purchase agreement with Kenneth A. Keeney and Catherine L. Keeney. Respectfully submitted, ~- ~ Timo by W. ubala, Director Depart of Economic Development Approved, Elmer C. Hodge County Administrator Approved Denied Received Referred to Action Motion by Vote No Yes Harrison Johnson _ McNamara _ Minnix Nickens Abs U:\WPDOCS\ECDEV\HD\KEENEY.RPT 2 u-~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, SEPTEMBER 22, 1998 ORDINANCE APPROVING THE EXERCISE OF AN OPTION TO PURCHASE AGREEMENT WITH KENNETH A. KEENEY AND CATHERINE L. KEENEY FOR 0.254 ACRE, MORE OR LESS, (BEING IDENTIFIED AS COUNTY TAX MAP PARCEL 77.13-5-31) WHEREAS, by Resolution 071498-7, the Board of Supervisors of Roanoke County approved the Option to Purchase Agreement dated July 14, 1998, with Kenneth A. Keeney and Catherine L. Keeney for an option to purchase 0.254 acre, more or less, being further shown on the Roanoke County land records as Tax Map Number 77.13-5-31 ("the Property"); and, WHEREAS, under the terms of said agreement, the purchase price for the Property is $125,000, and the option must be exercised on or before January 9, 1999; and, WHEREAS, the agreement provides for settlement within 60 days from the date of notice of exercise of the Option by the Board of Supervisors; and WHEREAS, the property is necessary for the construction of the Home Depot commercial development project, and the funds are available in the Economic Development Public/Private Partnership account; and WHEREAS, Section 18.04 of the Roanoke County Charter directs that the acquisition and conveyance of real estate interests be accomplished by ordinance; the first reading of this ordinance was held on September 22, 1998; the second reading was held on October 13, 1998. THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: U:\WPDOCS\ECDEV\HD\KEENEY.ORD v-~ 1. That the County Administrator is hereby authorized to exercise the option to purchase from Kenneth A. Keeney and Catherine L. Keeney following described real estate, to-wit: All that certain tract or parcel of land, together with any improvements thereon, rights incident thereto, and appurtenances thereunto belonging, situate in the Cave Spring Magisterial District of the County of Roanoke, Virginia, containing 0.254 acres, more or less, and more particularly described as follows: Beginning at a point on the south side of Westmoreland Drive, which point of beginning is the common corner to Lots 1 and 4, Section 6 as shown on the map of Mount Vernon Heights, recorded in Plat Book 2, page 67, of the records of the Clerk's Office of the Circuit Court for the County of Roanoke, Virginia; thence leaving Mount Vernon Heights and along and with the west line of Lot 4, S. 10 deg. 03' W. 254.38 feet to a point; thence S. 72 deg. 32' E. 31.65 feet to a point; thence along and with a new division line through Lot 4, N. 15 deg. 48' 51" E. 247.99 feet to a point on the south side of Westmoreland Drive; thence along and with the south side of Westmoreland Drive, N. 68 deg. 11' W. 57.5 feet to the point of Beginning, and being the western portion of Lot 4, Section 6, of said Mount Vernon Heights Subdivision, and designated as New Lot 4-A as shown on plat of survey made by Jack G. Bess, CLS, dated January 3, 1991, recorded in the aforesaid Clerk's Office in Deed Book 1335, page 1524. Said real estate being further shown and designated upon the Roanoke County land records as Tax Map Number 77.13-5-31, and having a street address of 3319 Westmoreland Drive, SW, Roanoke, Virginia. This being all of the same real estate acquired by the Grantor from the Cave Spring First Aid and Rescue Squad, Inc., by deed dated 1/4/91, and recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Deed Book 1335, page 1522. 2. That the County Administrator Assistant or County Administrators are hereby authorized to execute such documents and take such actions on behalf of Roanoke County in this matter as are necessary U:\WPDOCS\ECDEV\HD\KEENEY.ORD 2 C.~J to accomplish the exercise of the option, all of which shall be approved as to form by the County Attorney. 3. That the Board appropriates the sum of $134,000 from the Economic Development Public/Private Partnership account for the acquisition of this real estate and related expense. 4. That this ordinance shall be effective on and from the date of its adoption. U:\WPDOCS\ECDEV\HD\KEENEY.ORD 3 ` ~.,_ , AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 22, 1998 ORDINANCE 092298-12 VACATING A 1-FOOT BY 49.2-FOOT PORTION OF A 25-FOOT SANITARY SEWER AND DRAINAGE EASEMENT CREATED ON PLAT OF SECTION 1, TRIPLE CROWN ESTATES, PLAT BOOK 15, PAGE 131, AND NOW LOCATED ON LOT 11, BLOCK 1, SECTION 2, TRIPLE CROWN ESTATES (TAX MAP NO. 50.03-4-24) RECORDED IN PLAT BOOK 17, PAGE 123, OWNED BY CLAYTON T. AND PATRICIA G. FOWLER IN THE HOLLINS MAGISTERIAL DISTRICT WHEREAS, by subdivision plat entitled "Plat of Section 1, Triple Crown Estates" dated September 15, 1992, and recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Plat Book 15, page 131, C & D Builders, Inc., dedicated certain public easements, including a 25' sanitary sewer and drainage easement through its remaining property as shown on said plat; and, WHEREAS, the remaining property was subsequently subdivided by plat entitled "Plat of Section 2, Triple Crown Estates" dated August 17, 1994, of record in the aforesaid Clerk's Office in Plat Book 17, page 123; and, WHEREAS, a part of the 25' sanitary sewer and drainage easement originally located on the remaining property is now located on Lot 11, Block 1, Section 2, Triple Crown Estates (Tax Map No. 50.03-4-24), in Plat Book 17, page 123, owned by Clayton T. and Patricia G. Fowler, the Petitioners; and, WHEREAS, a recent survey of the property reflects that the residential dwelling located thereon encroaches upon a portion of the northeast side of the existing 25' sanitary sewer and drainage easement; and, WHEREAS, the Petitioners have requested that a 1' x 49.2' portion of said easement be vacated by the Board of Supervisors of Roanoke County, Virginia, pursuant to §15.2-2272.2 of the Code of Virginia (1950, as amended); 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 September 8, 1998; the public hearing and second reading of this ordinance was held on September 22, 1998. WHEREAS, this vacation will not involve any cost to the County, will not affect the ability to provide service, and the affected County departments have raised no objection. NOW THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That a 1' x 49.2' portion of a 25' sanitary sewer and drainage easement as shown on Exhibit A attached hereto, said easement having been created and dedicated on the subdivision plat entitled "Plat of Section 1, Triple Crown Estates" dated September 15, 1992, and recorded in Plat Book 15, page 131, and now being partially located on Lot 11, Block 1, Section 2, Triple Crown Estates (Tax Map No. 50.03-4-24), in Plat Book 17, page 123, owned by Clayton T. and Patricia G. Fowler, in the Hollins Magisterial District of the County of Roanoke, Virginia, be, and hereby is, vacated pursuant to Section 15.2- 2272 of the Code of Virginia (1950, as amended); and, 2. That, as a condition to the adoption of this ordinance, all costs and expenses associated herewith, including but not limited to publication, survey, and recordation costs shall be the responsibility of the Petitioner, Clayton T. and Patricia G. Fowler; and, 2 3. That the County Administrator, an Assistant County Administrator, or any County Subdivision Agent is hereby authorized to execute such documents and take such actions as may be necessary to accomplish the provisions of this ordinance, all of which shall be on form approved by the County Attorney. 4. That this ordinance shall be effective on and from the date of its adoption, and a certified copy of this ordinance shall be recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in accordance with §15.2-2272.2 of the Code of Virginia (1950, as amended). On motion of Supervisor Johnson to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None A COPY TESTE: .~ ~ Mary H. AI en, CMC/AAE Clerk to the Board of Supervisors cc: File Arnold Covey, Director, Community Development Paul M. Mahoney, County Attorney John W. Birckhead, Director, Real Estate Assessment 3 -~- l ~ NOR TAI BELMONT COURT rQ,. 50' WIDE `\o~R~y ~R~~6 • B-C=20.28' N 43'30'35" E L=24.64' P ~ E. (14.1') ~ 55.50' 1y i ' ~ D © ~ w O B EAU ~° M ~ 30.4 u ~~ 13.1' ~•2' 10.8' "' 1 STORY STONE & ~ 4n , VINYL SIDED k ~ m I~ X3820 ~ ~~ ~ 55.z' 10.5' to 0 ~Q oEC1i N ' LOT 12 ~ t 24 ~ v N ~ ~ tJ ( r ~ N -~ ~ N I N N I LOT 11 Ut s '~ ~ ~ f~ o o ~ B L K 1 ° ,,°`P~"~: ~°~ °~~ ~ Z ~ ~ QP ti °° \ ~ ~ SEC 2 F~ °°p`; PE ' ' 0.313 ACRE ~ tie oo tioNE O 10.9 14.1 FV EXISTING 25' ~ EASEMENT ! ~ S 41'12'18' W O S.S.MH ~ WALL z. - S.S.E. NC W NORTH OF 80,QQ' UNE / PAD y ~" S 43'30'3 W ~~ i.a• EAST OF `' ~'• N F PROPERTY OF • `9 °h & UNE ~, 4Y '~ FENCE i.5 EAST C D BUILDERS, INC. OF UNE m•/ Q' TAX NO 50.03-01-04.1 F VACATED PORTION OF EXISTING EASEMENT BOUNDED BY CORNERS ', C-D-E-F TO C INCLUSIVE 43'30'35" E O 134.1 w n o = e "~' N~ N N p ~ ~ N M ~ ~ PORnON OF ~ EASEMENT ~ i,l N BEINC D © VACATED N ~ WALL ! rn f~ ~ IGINAL uNE ~ ,13.1' _ #3820 w i in ~ r C-D-E-F~ ~ ai I PORTION OF ~ 'r EASEMENT ~ `t' BEING VI VACATED GAVEL #3820 N DRIVE N OE 43y25 21 E 0 1.00' F ~ ORIGINAL I EASEMENT Z LINE 14.1' Request to vacate a part of 25 foot sanitary sewer and drainage easement Recorded in Plat Book 15, Page 131 Triple Crown Estates -Section 1 Located on Lot 11(Tax Parcel: 50.03-4-24) in Triple Crown Estates -Section 2 Recorded in Plat Book 17, Page 123 r ROANOKE COUNTY Request to vacate a part of 25 foot 1 sanitary sewer and drainage easement DEPARTMENT OF Recorded in COMMUNITY DEVELOPMENT Plat Book I5, Page 131 ~ Triple Crown Estates -Section 1 ~ ACTION # ITEM NUMBER V AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 22, 1998 AGENDA ITEM: Request to vacate a portion of a 25-foot sanitary sewer and drainage easement recorded in Section 1, Triple Crown Estates, Plat Book 15, Page 131, located on Lot 11, Block 1 (tax map #50.03-04-24), Section 2, Triple Crown Estates, as recorded in Plat Book 17, Page 123, and located in the Hollins Magisterial District (shown on attached map). COUNTY ADMINISTRATOR'S COMMENTS: EXECUTIVE SUMMARY: The petitioners, Clayton T. and Patricia G. Fowler, request the Board of Supervisors vacate part of a 25-foot sanitary sewer and drainage easement. SUMMARY OF INFORMATION: Clayton T. and Patricia G. Fowler are the owners of Lot 11, Block 1, Section 2, (tax #50.03-4-24),Triple Crown Estates, as recorded in Plat Book 17, Page 123, located in the Hollins Magisterial District. They are requesting that the Board of Supervisors vacate a portion of a 25-foot sanitary sewer and drainage easement that was recorded in Section 1, Triple Crown Estates, Plat Book 15, Page 131. The common property line of Lot 11, tax #50.03-4-24 and Lot 10, Section 2, Triple Crown Estates, was intended to be the centerline of the 25-foot sanitary sewer and drainage easement, as shown on the Section 1, Triple Crown Estates plat (Proposed Section 2 Triple Crown Estates). During the final design and platting of the subdivision plat for Section 2, Triple Crown Estates, the aforementioned property lines were not located as originally proposed on the Section 1, Triple Crown Estates plat. This discrepancy was erroneously reflected on the original plot plan for Lot 11, Block 1, Section 2, Triple Crown Estates and caused the Fowler residence to be constructed 1-foot over the sanitary sewer and drainage easement. r V- / SUMMARY OF INFORMATION: (continued) County staff received no objections to the vacation from the applicable County departments. Therefore, Roanoke County is requesting that the described portion of the sanitary sewer and drainage easement be vacated in accordance with Chapter 22, Title 15.2-2272 (2), Code of Virginia 1950, as amended. A first reading of the proposed Ordinance was held on September 8, 1998. A public hearing and second reading is scheduled for September 22, 1998. STAFF RECOMMENDATION: County staff recommends that the Board of Supervisors adopt the proposed Ordinance to vacate the referenced portion of the sanitary sewer and drainage easement and instruct the County Attorney to prepare the necessary Ordinance. SUBMITTED BY: Arnold Covey, Direc-for Department of Community evelopment Approved ( ) Denied ( ) Received ( ) Referred ( ) To ( ) ACTION Motion by: pc: Paul Mahoney, County Attorney APPROVED BY: Elmer C. Hodge County Administrator VOTE No Yes Abs Harrison Johnson McNamara Minnix Nickens 2 ~~ ~ TECLO Y~ T • >~ i ~ ~ p~~' l9 ; ~ 9~ S,- Y ¢ o ~ y<n ~ C I. ..p ~ .. ~ ~ J 4Pq~CC T s '1.~ e . __ _ ~ f $z °P ~ CH 9c Merkat 9o SPRINC,TREE c f H FF p NE. _ ~4of `o ~ :'~ Ni <p.1~ 96 P~~ p. 5GUafe ~ Eebt NVti Crq~ j ~ ~~ ' B~ ~ SQ Q J• `~ ' Cq J P rt e+ o EE q / 221 i 4~ti ,o.~ . +~ ~ `Q ~ 9ff e - ~ O O ~ 0 O ~ 1 1oa 4;~4 m 0 {IC' S y Sa h/CKaRY9gl? J 9 J/ awaAS iWM htFllN= ~ S r 152efi ~ Oq OS T4~ ~'ON N.. ^ // ~ q ~~'~~A .,~f ~n..,~~i,.~~ POP.WNf VICINITY 1~IAP~ V-l ~ NORTH ~' VACATED PORTION OF EXISTING B E LM O N T COU ~ RT ~" EASEMENT BOUNDED BY CORNERS C-D-E-F TO C INCLUSIVE 50' WIDE P , ~888~c °R~~6 e 43'30'35" E 1 B-C=20.28' °ER w n 0 3. f ~/ 0 N 43'30'35" E L=24.64 IN N N 1') O (14 ' P E E ,y C-D-E-Fm N$ A r ~ F . 55.50 / EASEMENT ~ ~ w ~ BEING W e D © VACATED N WALL T O O W ( ~ / N L ~ ~ STONE /~ Mel' 3 IGINA ~ ~• wALL ~ PORCH 30.4 to ~ LINE 13.1' ~•2~ 10.6' 13.1' #3820 w 1 STORY STONE & ~ ~'' N r Ia VINYL SIDED ^' #3820 in ~ r ~ a, ~ ~ ~ ~ C-D-E-F I P ~ ~ ~ 58.2' 10.5' io ~' EASEMENT `!' BEING to a ~~ ni !~E O DECK ~ I LOT 12 ~ N VACATED ;~ cpR~L #3820 24~ ~ ~ CD + N V N ni o1 0 4y25 21 E ~ N ~ cp nj CV ~ O 1.00' ~ ~ ORIGINAL ~ ~ N o ~ LOT 11 m ~ 1 EASEMENT z UNE ~ t p I GP#~~ ~ 14.1' ~ B LK 1 ° °~ o~~ (Z ~ SEC 2 ~ F~°°° ~ °°P~P I 313 ACRE I 0 ti°N~ t r to s . 141 P~eo o and drai ge easement ', sani ary sewe 5' I \ SEMENT EA ' Recorded in SSE (58.95') ' Plat Book 15, Page 131 18 W O S.SMH S 41'12 WALL 2' ~ s.s.E. Triple Crown Estates -Section 1 ONC WA NORTH OF $D,DD i LINE / PAD ~ ^'~ S 43'30'3 W FENCE 1 8• EAST Located on j ~•~ ~, . of UNE N\F PROPERTY OF Lot 11 Tax Parcel: 50.03-4-24 ~,`' °•,,~ ~ ~ FENCE 1.8' EAST C & D BUILDERS, INC. IN in Q •~ OF L E TAX NO 50.03-01-04.1 Triple Crown Estates -Section 2 Recorded in Plat Book 17, Page 123 Request to vacate a part of 25 foot ROANOKE COUNTY sanitary sewer and drainage easement DEPARTMENT OF Recorded in COMMUNITY DEVELOPMENT Plat Book 15, Page 131 Triple Crown Estates -Section 1 J I/- / AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 22, 1998 ORDINANCE VACATING A 1-FOOT BY 49.2-FOOT PORTION OF A 25-FOOT SANITARY SEWER AND DRAINAGE EASEMENT CREATED ON PLAT OF SECTION 1, TRIPLE CROWN ESTATES, PLAT BOOK 15, PAGE 131, AND NOW LOCATED ON LOT 11, BLOCK 1, SECTION 2, TRIPLE CROWN ESTATES (TAX MAP N0.50.03-4-24) RECORDED IN PLAT BOOK 17, PAGE 123, OWNED BY CLAYTON T. AND PATRICIA G. FOWLER IN THE HOLLINS MAGISTERIAL DISTRICT WHEREAS, by subdivision plat entitled "Plat of Section 1, Triple Crown Estates" dated September 15, 1992, and recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Plat Book 15, page 131, C & D Builders, Inc., dedicated certain public easements, including a 25' sanitary sewer and drainage easement through its remaining property as shown on said plat; and, WHEREAS, the remaining property was subsequently subdivided by plat entitled "Plat of Section 2, Triple Crown Estates" dated August 17, 1994, of record in the aforesaid Clerk's Office in Plat Book 17, page 123; and, WHEREAS, a part of the 25' sanitary sewer and drainage easement originally located on the remaining property is now located on Lot 11, Block 1, Section 2, Triple Crown Estates (Tax Map No. 50.03-4-24), in Plat Book 17, page 123, owned by Clayton T. and Patricia G. Fowler, the Petitioners; and, WHEREAS, a recent survey of the property reflects that the residential dwelling located thereon encroaches upon a portion of the northeast side of the existing 25' sanitary sewer and drainage easement; and, WHEREAS, the Petitioners have requested that a 1' x 49.2' portion of said easement be vacated by the Board of Supervisors of Roanoke County, Virginia, pursuant to § 15.2-2272.2 of the Code of Virginia (1950, as amended); and, WHEREAS, notice has been given as required by §15.2-2204 of the Code of Virginia (1950, as amended), and the fast reading of this ordinance was held on September 8, 1998; the public hearing and second reading of this ordinance was held on September 22, 1998. WHEREAS, this vacation will not involve any cost to the County, will not affect the ability to provide service, and the affected County departments have raised no objection. V NOW THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That a 1' x 49.2' portion of a 25' sanitary sewer and drainage easement as shown on Exhibit A attached hereto, said easement having been created and dedicated on the subdivision plat entitled "Plat of Section 1, Triple Crown Estates" dated September 15, 1992, and recorded in Plat Book 15, page 131, and now being partially located on Lot 11, Block 1, Section 2, Triple Crown Estates (Tax Map No. 50.03-4-24), in Plat Book 17, page 123, owned by Clayton T. and Patricia G. Fowler, in the Hollins Magisterial District of the County of Roanoke, Virginia, be, and hereby is, vacated pursuant to Section 15.2-2272 of the Code of Virginia (1950, as amended); and, 2. That, as a condition to the adoption of this ordinance, all costs and expenses associated herewith, including but not limited to publication, survey, and recordation costs shall be the responsibility of the Petitioner, Clayton T. and Patricia G. Fowler; and, 3. That the County Administrator, an Assistant County Administrator, or any County Subdivision Agent is hereby authorized to execute such documents and take such actions as may be necessary to accomplish the provisions of this ordinance, all of which shall be on form approved by the County Attorney. 4. That this ordinance shall be effective on and from the date of its adoption, and a certified copy of this ordinance shall be recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in accordance with § 15.2-2272.2 of the Code of Virginia (1950, as amended). g:\attorney\vlh\agendaltriplcm.3 2 6~ '~ c~ ...,. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 22, 1998 ORDINANCE 092298-13 VACATING A 15-FOOT PUBLIC UTILITY EASEMENT ACROSS LOTS 8 AND 9, AND A PORTION OF WINTERBERRY SQUARE, IN SECTION 2, WINTERBERRY POINTE, PLAT BOOK 19, PAGE 56, (FORMERLY TRACT "A", PLAT BOOK 9, PAGE 289) AND ACROSS PARCEL "C" OF WINTERBERRY POINTE, PLAT BOOK 9, PAGE 289, IN THE WINDSOR HILLS MAGISTERIAL DISTRICT WHEREAS, by subdivision plat entitled "Plat of Winterberry Pointe" dated June 4, 1984, and recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Plat Book 9, page 289, Builders Investment Group, I ,dedicated certain public easements, including afifteen-foot (15') public utility easement through "TRACT A - 1.868 Ac." and "PARCEL C - 1.029 Ac." as shown on said plat; and, WHEREAS, Tract A was subsequently resubdivided by plat entitled "Plat Showing Lots 1-15, Section 2, Winterberry Pointe and New Lot 1A, Block 2, Winterberry Pointe" dated October 10, 1996, of record in the aforesaid Clerk's Office in Plat Book 19, page 56; and, WHEREAS, the portion of the 15' p.u.e. originally located on Tract A is now located on Lots 8 and 9, and Winterberry Square, Section 2, Winterberry Pointe, as shown on the resubdivision plat in Plat Book 19, page 56; and, WHEREAS, the petitioner, Boone, Boone & Loeb, Incorporated, is the developer of Winterberry Pointe and is the current owner of Lot 8, Section 2; and, WHEREAS, the petitioner has requested that said 15' public utility easement be vacated by the Board of Supervisors of Roanoke County, Virginia, pursuant to §15.2- 2272.2 of the Code of Virginia (1950, as amended); 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 September 8, 1998; the public hearing and second reading of this ordinance was held on September 22, 1998. WHEREAS, there being no objection raised by the appropriate public utility companies entitled to use the subject easement and there being no public utility company or county facilities located within the subject easement. NOW THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the public utility easement, being fifteen feet (15') in width and extending across Lots 8 and 9, and Winterberry Square, Section 2, Winterberry Pointe, Plat Book 19, page 56, (formerly across Tract `A' in Plat Book 9, page 289) and across Parcel `C', Plat Book 9, page 289, in the Windsor Hills Magisterial District of the County of Roanoke, Virginia, as shown on subdivision plat entitled "Plat of Winterberry Pointe" dated June 4, 1984, and recorded in the aforesaid Clerk's Office in Plat Book 9, page 289, and as further shown on the Exhibit A attached hereto, be, and hereby is, vacated pursuant to Section 15.2-2272 of the Code of Virginia (1950, as amended); and, 2. That, as a condition to the adoption of this ordinance, all costs and expenses associated herewith, including but not limited to publication, survey, and recordation costs shall be the responsibility of the petitioner, Boone, Boone & Loeb, Incorporated; and, 3. That the County Administrator, an Assistant County Administrator, or any County Subdivision Agent is hereby authorized to execute such documents and take such 2 actions as may be necessary to accomplish the provisions of this ordinance, all of which shall be on form approved by the County Attorney. 4. That this ordinance shall be effective on and from the date of its adoption, and a certified copy of this ordinance shall be recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in accordance with §15.2-2272.2 of the Code of Virginia (1950, as amended). On motion of Supervisor McNamara to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None A COPY TESTE: ~YC,Gt~~. ~• Mary H. Allen, CMC/AAE Clerk to the Board of Supervisors cc: File Arnold Covey, Director, Community Development Paul M. Mahoney, County Attorney John W. Birckhead, Director, Real Estate Assessment 3 O ~~.W~~ ! Fp ` gip. o~, A oapo~ \s O~ loRMANu'/ ~N~~p- KTJQLL-- /• irPrs. / '. lY 5'I LL^„KV~.n rrv4 ~~~~ en M¢n w.yap~c9 ~^ ~ , ' \G~REE~ylpuy RO WJ. ~~~t)~ o~gE~.' i CYN ' ~~ ~ j~~~'~jl CINI T Y ~AP~ i ~ ......_. ..mruw2E i ,r,P i -- e. GSENFNt ` .`~ ^ ~~~i3'r7eniNRGf LASO.M WC ~G wy__~~ ., ~ T W N / ~'X~W i• ~ ~ __-____~___TRACT•_~________2.429 Ac._ z 1- j d~ V~ c-42 5 76.11'77• E ta5.00' ~ -~z y - ~ ___ WINTERBERRY ~ RIVE E~~ ~ `~ F,~-~, ----- --- --~-,-------- 30' ~ ~ a a ' ~} ~ -ice. "--- ~s~ wP~e~ eXSa.,nN~ ~ . ` ~ p r r ~ ( e W / ; _ ~{ C la N iB•12'71' b-~'1`_r.'+~~ C'J/ ~ . r "~ j o-7, ~,^' O'W4TER________ ___~ _ ~ n °~I -l`1 ~Yy~ l1NE EASEiIENT ~~ ~ IZZ i' rd ~( ~r s r^ W ~ f , r~ I ' r ~ 3~ ~1 ~L ~ ~~ P ~ X11 ~ ~~ ~ ' ° ~ 31 TRACT A 'I 1 r_ 1 °_ ~ ~~aneNr as r 'j ,11 1.8as AC. ~ 8 t ~ •~;~B~3p. E'rr''. ' •^ 1 3.97' ~; ,J _~~ ~r N i t°¢ ~ `'ter. i r_. S ~.)SB Z • E~ 'I I '',~-~~~ 3p• ~ / ~ ~ s~ _ s ~ 3 r i 1 l~ .~ ; -T '''ai}' E ) ~ a. 1 S FOOT P. U.E. EASEMENT a`~~~ ` ?~~;• P TO BE VACATED ~~ c ~\ \ ~~ .• „ a ~ . - y.E. ~~ ` p H i ~.~ J ;r~p ~ ~ ~~ o.s ~ 1 c- /, P~. ~ ~,-r. o~ I /' L a. _ N.ia: Z2'.ZO"W. f131~3~.v~'~ h. _.-._ i9"S ve. _-N.ls• 1'_2o'w. ~ w.~ ~ u~l ~_~^ ~ -Ip•76'pt'•E- .' I =~ `~ ~'•Pls:ae~ ~ie'S.S.f~- :Tt i p _ ____ Iptyq~_ ___ ___i._..______~ i r___________ __ _ N 1T r __~_____ ' d / ~ ~ '~ PARCEL C. r ~' / /m i.3i ad / ^F Fi •~. 1.029 Ac. r- 4 ~~ V t'uN, a .g y , J. ~ N~ p N!l 12,1 J/ ~''~ rv° i ~/ r~ , W 85.78' i V :e io / N 6y.15~T_ ~ V. ' 8 ' ~ ~ ~' X3223' e) (YA•R2. 7°2~ T.633 ~' 64.Op 5 ,s. ' ROAD 1p7.e~' ~~~ ROCK „~• , ROANOKE COUNTY VACATE A 15-FOOT PUBLIC UTILITY DEPAR?'MENT OF EASEMENT SHOWN ON TRACT `A ` , WINTERB&RRY POINTE IN WINDSOR HCLLS CQ~M'UNI7'Y DEVELOPM~'NT MAGISTERIAL DISTRICT ACTION # ITEM NUMBER ~' 'Z-- AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 22, 1998 AGENDA ITEM: Request to vacate a 15-foot Public Utility Easement shown on Tract `A', Winterberry Pointe, as recorded in Plat Book 9, Page 289, located in Windsor Hills Magisterial District (shown on attached map). COUNTY ADMINISTRATOR'S COMMENTS: EXECUTIVE SUMMARY: The petitioners, Boone, Boone and Loeb, Inc., the developer of Winterberry Pointe, is requesting that the Board of Supervisors vacate the 15-foot Public Utility Easement. SUMMARY OF INFORMATION: Boone, Boone and Loeb, Inc., are the owners of Winterberry Pointe, Plat Book 9, Page 289, located in the Windsor Hills Magisterial District. They are requesting that the Board of Supervisors vacate a 15-foot Public Utility Easement no longer needed because no public or county utilities reside within those portions of the existing easement to be vacated. County staff received no objections to the vacation from the applicable County departments or public utility companies. Therefore, Roanoke County is requesting that the described Public Utility Easement be vacated in accordance with Chapter 11, Title 15.2-2272 (2), Code of Virginia 1950, as amended. First reading of the proposed Ordinance was held on September 8, 1998. A public hearing and second reading is scheduled for September 22, 1998. 1 l/ STAFF RECOMMENDATION: County staff recommends that the Board of Supervisors adopt the proposed Ordinance to vacate the referenced Public Utility Easement and instruct the County Attorney to prepare the necessary ordinance. S TTED BY: r Arnold Covey, Director Department of Community Devel pment APPROVED BY: Elmer C. Hodge County Administrator ACTION Approved ()Motion by: Denied ( ) Received ( ) Referred ( ) To ( ) pc: Paul Mahoney, County Attorney VOTE No Harrison Johnson McNamara Minnix Nickens Yes Abs 2 _ ~ $'! 11 EASENFNr~ni~NU¢E i .rte ~ ----- ~1_~ ~~"' ~~_~1--i9' nRAiNRGt ER54M W2 __~`~ W.:' ~~ I r W N ~ c-'~'. -~-------_~ __---------~ --T,RACT--R--------z.az9 A~.__ z r j ~ ~w° ~_0) .c-mz 5 78'12']7' E iES.oo' ~ __ __~` _. __ - J ~--«,~ -_____' WINTERBERRY fDRIVE~ ~ so, ~ N i _i_- U ,f ~ t (P¢I.1TaTE BoQO) - _ ~- _ - - ,- . _ _ ~ R/1V ~. Q Ot /// J -~ -7~ ~.,~- ~4' WRTfii U WANT ~ \ emu. ~~`~ Q Y. ~ r ~ f i ~ _c-7a N la•11'31' W-X77.43' 'C r~ ~ t 9A ~__J .~ \ ~YrJ,,~~{~ ~ s a 57 t n rr~ c_p ~C"__ ,t 0'WATER__________________~____________________ ~.~' "r~ ~ IY~ N~2 UNE EAaEIAENT ~'~- \ ~ ~° ;I r ~~ ~ y s ~. ~.f ~ ~^~'W ~ ~ ;~rp ~ /e 7, m', ~ , _ ~µ•rl n a 1t TRACT A m 1 _ a$ / -_rt)9]~3 1I5.97' _ rT / !~j / I y 1 ~ - ~ 4 H I _~ ~ ~ `_( ~ n 1 y t2 ENT. [ ~ 7 F'oQ bT SrtT ~ I I ~ jt ~ ' '~~ h N 36' ~ wa '"u n 1 v' F2~EN ~ 1 - SN "e _ 4l CSMT. I G-1~ SBl:-T3 i m 'o~ -- rs~o7'' E ~ d' 15 FOOT P.U.E. EASEbfENT ~--__'~~ ~ ~ r_ `~~--~ ~ TO BE VACATED --7 I %~.`y . ~~1 . r ~\ \ N - 1 dr OS e ~ / ~ ._ ~ A _ _ ~ m .. ._...._._. _ w _ N,7B' 22'.2o"W' N.7ST le'_2 ~/ ~~ ~~~_ 70•]6'01' r ~i.S:oo __~~- Y iTE i ,- _~___I___101,91'_E' ___ __,_,i-.r~____ / r______~-o T2o'S. S.E~--. i ye ~ // ' ' ______t__-___ Z 5e~ ` % ~ . /% PARCEL C ~-------- ~ N '~i / +~° '> yS. v ~ uN~ / 1.029 Ac. ~' 4 -$ y. ~ ` y~ 4 a gp 13', e. ~~ / `/• 0 M N 6 7Fr. o, ~/ N 69•t5~. 7 6 r^ / / 4.f• ~ ~ 4.0~ ' 132 29~ T,OlI 1 7 A.. W 271.29, ~) (V A. RT. 702 sA.oa' S B9.77' 7S. ROAD 70] a~' ~~ ... W 70.7<' - RpC1< d' , ROANOKE COUNTY VACATE A 15-FOOT PUBLIC UTILITY DEPARTMENT OF EASEMENT sxowN oN TRACT ' A T , WINTERBE•RRY POINTE IN WINDSOR HCLLS COMMUNITY DEVELOPMENT MAGISTERIAL DISTRICT V- z AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 22, 1998 ORDINANCE VACATING A 15-FOOT PUBLIC UTILITY EASEMENT ACROSS LOTS 8 AND 9, AND A PORTION OF WINTERBERRY SQUARE, IN SECTION 2, WINTERBERRY POINTE, PLAT BOOK 19, PAGE 56, (FORMERLY TRACT "A", PLAT BOOK 9, PAGE 289) AND ACROSS PARCEL "C" OF WINTERBERRY POINTE, PLAT BOOK 9, PAGE 289, IN THE WINDSOR HILLS MAGISTERIAL DISTRICT WHEREAS, by subdivision plat entitled "Plat of Winterberry Pointe" dated June 4, 1984, and recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Plat Book 9, page 289, Builders Investment Group, Inc., dedicated certain public easements, including afifteen-foot (15') public utility easement through "TRACT A - 1.868 Ac." and "PARCEL C - 1.029 Ac." as shown on said plat; and, WHEREAS, Tract A was subsequently resubdivided by plat entitled "Plat Showing Lots 1-15, Section 2, Winterbeny Pointe and New Lot lA, Block 2, Winterberry Pointe" dated October 10, 1996, of record in the aforesaid Clerk's Office in Plat Book 19, page 56; and, WHEREAS, the portion of the 15' p.u.e. originally located on Tract A is now located on Lots 8 and 9, and Winterberry Square, Section 2, Winterberry Pointe, as shown on the resubdivision plat in Plat Book 19, page 56; and, WHEREAS, the petitioner, Boone, Boone & Loeb, Incorporated, is the developer of Winterbenry Pointe and is the current owner of Lot 8, Section 2; and, WHEREAS, the petitioner has requested that said 15' public utility easement be vacated by the Board of Supervisors of Roanoke County, Virginia, pursuant to §15.2-2272.2 of the Code of Virginia (1950, as amended); 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 September 8, 1998; the public hearing and second reading of this ordinance was held on September 22, 1998. Y '~ WHEREAS, there being no objection raised by the appropriate public utility companies entitled to use the subject easement and there being no public utility company or county facilities located within the subject easement. NOW THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the public utility easement, being fifteen feet (15') in width and extending across Lots 8 and 9, and Winterberry Square, Section 2, Winterberry Pointe, Plat Book 19, page 56, (formerly across Tract `A' in Plat Book 9, page 289) and across Parcel `C', Plat Book 9, page 289, in the Windsor Hills Magisterial District of the County of Roanoke, Virginia, as shown on subdivision plat entitled "Plat of Winterberry Pointe" dated June 4, 1984, and recorded in the aforesaid Clerk's Office in Plat Book 9, page 289, and as further shown on the Exhibit A attached hereto, be, and hereby is, vacated pursuant to Section 15.2-2272 of the Code of Virginia (1950, as amended); and, 2. That, as a condition to the adoption of this ordinance, all costs and expenses associated herewith, including but not limited to publication, survey, and recordation costs shall be the responsibility of the petitioner, Boone, Boone & Loeb, Incorporated; and, That the County Administrator, an Assistant County Administrator, or any County Subdivision Agent is hereby authorized to execute such documents and take such actions as may be necessary to accomplish the provisions of this ordinance, all of which shall be on form approved by the County Attorney. 4. That this ordinance shall be effective on and from the date of its adoption, and a certified copy of this ordinance shall be recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in accordance with § 15.2-2272.2 of the Code of Virginia (1950, as amended). G:WTTORNEY\VLH~AGENDA\WINTRBRY.PTE 2 ~ ROANpf.~ ti p z c~ z a, 1838 COUNTY ADMINISTRATOR ELMER C. HODGE (540) 772-2004 C~~~xx~~ ~~ .~~xx~~.~.~e P.O. BOX 29800 5204 BERNARD DRIVE ROANOKE, VIRGINIA 24018-0798 FAX (540) 772-2193 September 23, 1998 Mr. Douglas Jones 1731 Orange Avenue, NW Roanoke, VA 24017 Dear Mr. Jones: BOARD OF SUPERVISORS BOB L. JOHNSON, CHAIRMAN HOLLINS MAGISTERIAL DISTRICT HARRY C. NICKENS, VICE-CHAIRMAN VINTON MAGISTERIAL DISTRICT FENTON F. "SPIKE" HARRISON, JR. CATAWBA MAGISTERIAL DISTRICT JOSEPH MCNAMARA WINDSOR HILLS MAGISTERIAL DISTRICT H. ODELL "FUZZY" MINNIX CAVE SPRING MAGISTERIAL DISTRICT (540) 772-2005 I have been informed that you retired on August 1, 1998 from employment with the County of Roanoke. On behalf of the Board of Supervisors of Roanoke County and its citizens, l wish to offer my appreciation"'for your many years of capable, loyal and dedicated service to the County. .~~=: 1 am pleased to send you a Resolution of Appreciation adopted by the Board at our meeting on September 22, 1998, and notification that Roanoke County has purchased a $100 Savings bond in recognition of your years of employment with the County. This bond will be forwarded to you from the Federal Reserve Bank of a later date. If you would like to have your resolution framed, please bring it fo the Clerk's Office, at the Roanoke County Administration Building, 5204 Bernard Drive, at any time. It has been our experience that framed resolutions may be damaged when mailed. On behalf of each member of the Board and the citizens of Roanoke County, please accept this Certificate of Recognition and savings bond, together with our best wishes for a productive retirement and continued success in the future. Sincerely, Bo on, Chairman Roanoke County Board of Supervisors Attachment BLJ/bjh cc: Bill Rand, Director, Genera! Services Joseph Sgroi, Director, Human Resources Intemet E-Mail Internet E-Mail ehodge@www.co.roanoke.va.us ®Recycled Paper bos@www.co.roanake.va.us CiaeeifiedDspartment 8540.981.3415 l~ Sept. 9, 1998 ~10~27AM Lii~i ~i9i ~,~~~~ The Roanoke Times Acct: ??22003COUN Ph: ?'72-2003 P. O. 29800 ' Adid: Name: COUNTY OF ROANOKE LEGAL NOTICE Class Rate• Disp Rate' katice is hereby given to al! • interested persons that the Roanoke County Bosrd of Cr-edltStatus: Supervisors will hold a public R.OANOKP VA 24018 Paytype BL Rate LE Legals Source FX Class 10 Legals Start 09.1019$ Issues 2 Rate Iss Fords....... Lines........ Depth....... Columns...... Graphic..... St Fords. ^ BoxedAd Copy Line LEGAL NOTICE Noti Sort Stringy ^ ManualSort TearSheets hearing at thdr 7:00 P.M ses - ReplyRequest sion on Tuesday, Septertibsr 22, 1999, In the Board Meet- ing Room at the Roanoke Gounty Administration Center, Rep: 38 5204 Bernard Drivs S.W. on the petition of Clayton T, and ^ TF'W' Patricia G. Fowler, requssting !o vacate a portion of a 25 foot 2 Stop 09! 16198 sanitary sewer and drainage easement recorded in Section 1, Triple Crown Eststes, as recorded in plat Eiook 15, page 146 36 3.11 Price Ih~o~t FtieeDay 122. /x,(} O ~~ t1 131 and located on Lot 11, Blockl,(Taz map #50.03.4.241 Seckion 2, Triple Crown Estates, as recorded in Plat Book 17, pagge 123, and located in thelrinton Magiste• rial District. ~ 0 Net .r1t Tax 1rZrZ,40 ~.0~ A copy of the documents rdated to this request may be examined in the office of the Department of Comrnunky 0 FedTax 0.0~ Development, located at the Roanoke Gounty Administration Total 122.40 Center. r872ti64~ Payment 0.00 App Cr. 0.00 Balance 0.00 PraductCode Pd # ^ Receipt ^ Movable ^ On Bold ^ Kill Ad Comments Reason fur Discount 872664 Editions DG, i ~~rs ~~ ~`~ae LEGAL NOTICE S e~ f Notice is hereby given to all interested persons at the Roanoke County Boa of Supervisors will hold a public hearing at t eir 7:00 p.m. session on Tuesda September 22, 1998, in the Board Meeting om at the Roanoke County Administr ion Center, 5204 Bernard Drive S. W. on a petition of Clayton T. and and Patricia Fowler, requesting to vacate a po ion of a 25-foot sanitary sewer and drainage eas ment recorded in Section 1, Tri a Crown Estates, as recorded in Plat Book 15, Page 1 and located on Lot 11, BI ck 1, (tax map #50.03-4-24) Section 2, Triple Crown Estate , as recorded in Plat B ok 17, Page 123, and located in the Vinton Magisterial Distri A copy of the document elated tot s request may be examined in the office of the Department of Communi Devel pment, located at the Roanoke County Administration Center. Given under my hand this Sept~m~r 2, 1998. Mary H. All , CMC, Clerk to the Board Roanoke Cou y Board of Supervisors PLEASE PUBLISH IN THE F 1t;-Septembers 199 Tuesday, September ~, 1 ~ w-2~ l ~° OKE TIMES ON Direct the bill for publicatidri to: Wallace Cundiff (owner) will ay Roanoke Times directly Mail affidavit to: Mary H. Allen, Cler to the Board County of Roano P. O. Box 29800 ~Q /~ Roanoke VA 2 018 ~ ~ MEMO To: Mary Allen, Clerk to Board of Supervisors From: Arnold Covey, Department of Community Development Subject: Legal Notice Date: September 1, 1998 Please advertise the following notice in The Roanoke Times: Request to vacate a 25-foot sanitary sewer and drainage easement recorded in Section 1, Triple Crown Estates, as recorded in Plat Book 15, Page 131 and located on Lot 11, Block 1, (tax map #50.03-4-24) Section 2, Triple Crown Estates, as recorded in Plat Book 17, Page 123, located in the Vinton Magisterial District. This ad. needs to run Tues. Sept. 8, 1998 and Tues. Sept. 15, 1998. The second reading will be Sept. 22, 1998. Thank you. ~- Z PLEASE BILL: OWNER WILL PAY ROANOKE TIMES DIRECTLY (WALLACE CUNDIFF) LEGAL NOTICE Notice is hereby given to all interested persons that the Roanoke County Board of Supervisors will hold a public hearing at their 7:00 p.m. session on Tuesday, September 22, 1998, in the Board Meeting Room at the Roanoke County Administration Center, 5204 Bernard Drive S. W. on the petition of Clayton T. and and Patricia G. Fowler, requesting to vacate a portion of a 25-foot sanitary sewer and drainage easement recorded in Section 1, Triple Crown Estates, as recorded in Plat Book 15, Page 131 and located on Lot 11, Block 1, (tax map #50.03-4-24) Section 2, Triple Crown Estates, as recorded in Plat Book 17, Page 123, and located in the Vinton Magisterial District A copy of the documents related to this request may be examined in the office of the Department of Community Development, located at the Roanoke County Administration Center. Given under my hand this September 8, 1998. Jam' - Mary H. Allen, CMC, Clerk to the Board Roanoke County Board of Supervisors PLEASE PUBLISH IN THE ROANOKE TIMES ON Thursday, September 10, 1998 Wednesday, September 16, 1998 Direct the bill for publication to: County of Roanoke Community Development Department P. O. Box 29800 Roanoke, VA 24018 Mail affaidavid to: Mary H. Allen, Clerk to the Board County of Roanoke P. O. Box 29800 Roanoke, VA 24018 FAX TRANSMISSION COUNTY OF ROANOKE P. O. Box 29800 ROANOKE,. VA 2401 8 540-772-2003 FAx: 540-772-2 193 To: Carolyn Reid Date: September 8, 1998 Fax #: Pages: 2, including this cover From: Mary H. Allen sheet. Subj: Legal Notice -Triple Crown Estate CONIlVIENTS: Attached is a NEW legal ad for the Triple Crown Estates. Plese destroy the ledgal notice you received last week. Please publish on THURSDAY, SEPTEMBER 10, 1998 AND SEPTEMBER 16, 1998. I sorry for the confusion. If you have questions, please call me. RKE BOARD SUPERVISORS TEL~540-7~2-2193 Transmit Confirmation Report No . Receiver Transmitter Date Time Mode Pages Result 002 RT-LEGAL RKE BOARD SUPERVISGRS Sep 08'98 843 00'59 Norm 02 OK Sep 08'98 LEGAL NOTICE Notice is hereby given to all interested persons that the Roanoke County Board of Supervisors will hold a public hearing at their 7:00 p.m. session on Tuesday, September 22, 1998, in the Board Meeting Room at the Roanoke County Administration Center, 5204 Bernard Drive S. W. on the petition of Boone, Boone 8~ Loeb, requesting to vacate a 15-foot Public Utility Easement shown on Tract `A', Winterberry Pointe, as recorded in Plat Book 9 at Page 289 and located in Windsor Hills Magisterial District A copy of the documents related to this request may be examined in the office of the Department of Community Development, located at the Roanoke County Administration Center. Given under my hand this September 2, 1998. Mary H. Allen, CMC, Clerk to the Board Roanoke County Board of Supervisors PLEASE PUBLISH IN THE ROANOKE TIMES ON Tuesday, September 8, 1998 Tuesday, September 15, 1998 Direct the bill for publication to: County of Roanoke Community Development Department P. O. Box 29800 Roanoke, VA 24018 Mail affidavit to: Mary H. Allen, Clerk to the Board County of Roanoke P. O. Box 29800 Roanoke, VA 24018 MEMO To: Mary Allen, Clerk to Board of Supervisors From: Arnold Covey, Department of Community Development Subject: Legal Notice Date: August 28, 1998 Please advertise the following notice in The Roanoke Times: Request to vacate a 15-foot Public Utility Easement shown on Tract `A', Winterberry Pointe, as recorded in Plat Book 9 at Page 289 and located in Windsor Hills Magisterial District (shown on attached map). Thank you. PLEASE BILL: ~ 2 COUNTY OF ROANOKE COMMUNITY DEVELOPMENT DEPARTMENT P.O. BOX 29800 ROANOKE, VA 24018 a C O V E R FAX S H E E T To: Legal Advertising Fax #: Subject: Bond Sale -Public Notice Date: August 24, 1998 Pages: 2, including this cover sheet. COMMENTS: Please publish this notice as noted. Call if you have any questions. ~. ~ ~~~~~ ~ ~, ~. ~:oo ~ c.~ ~ ~~~,~ From the desk of... Sue Patterson-Bane Legal Assistant Roanoke County Post Office Box 29800 Roanoke, VA 24018 540-772-2007 Fax: 540-772-2089 r NOTICE OF PUBLIC HEARING ON PROPOSED BOND FINANCINGS BY THE COUNTY OF ROANOKE, VIRGI1~lIA Notice is hereby given that the Board of Supervisors of Roanoke County, Virginia (the "County") will hold public hearings in accordance with Section 15.2-2606 of the 1950 Code of Virginia, as amended, on (a) the issuance of general obligation school bonds (the "Bonds") of the County in the estimated maximum amount of $7,965,000 to finance certain capital projects for public school purposes and (b) the issuance of general obligation school bonds of the County to be sold to the Virginia Public School Authority in the 1998 Fall Literary Fund Subsidy Sale (the "Subsidy Bond") in the estimated maximum amount of $5,000,000 to finance certain capital projects for school purposes. Resolutions authorizing the issuance of the Bonds and the Subsidy Bond will be considered by the Board of Supervisors at its meeting on September 22, 1998. The public hearings, which may be continued or adjourned, will be held at 7:00 p.m. on September 22, 1998, before the Board of Supervisors of Roanoke County in the Roanoke County Administration Center at 5204 Bernard Drive, Roanoke, Virginia. Paul M. Mahoney Roanoke County Attorney Please publish on: September 7, 1998 September 14, 1998 Send bill to: Mary H. Allen, Clerk Roanoke County Board of Supervisors P. O. Box 29800 Roanoke, Virginia 24018 G~ °-~ o y- 8 Il:4~a,-, ~~1~" -- , ~~ ~-'~-~''" ~ L~ M E M O R A N D U b ~-t--,~..,.~~ TO: Elmer Hodge FROM: Don Myers DATE: September 8, 1998 SUBJECT: Portable Scales .t ------------------------------------------------------------------- This is in response to your question regarding this proposal: If you were Cou~ity Administrator, would you do this now or in the budget process? If now, then how would you handle it? I'll give you a little more background, and then give you my answer. At the present time, the state police periodically set up scales on Alternate 220 (Route 604) and on Williamson Road at Hollins. They probably do this no more than once a month, if that often. They did have the scales set up week before last from Tuesday at 7:00 am through Thursday at 11:00 pm. During that time there were overweight violations as follows: Alternate 220 (Route 604) 74 Williamson Road (Hollins) 49 A spot sample 'of recent violations showed that 3 trucks brought in $2,000 in revenue. Had we written those citations, the money would have gone to Roanoke County. State law now permits local law enforcement agencies to conduct overweight enforcement activity. There are three primary considerations; safety, damage to the roads, and loss of revenue. In view of the above, I would offer the Board two alternatives, neither of which would require the appropriation of current funds. Alternative 1 - Authorize Chief Lavinder to purchase the scales and train his traffic unit in their use using his own funds. Allow him to be reimbursed from revenue derived from the overweight enforcement activity. Once he has been reimbursed for his outlay of funds, which would certainly be accomplished during the current budget period, all future revenue from this source would go into the general fund. The advantage of this alternative is that we begin to address the three considerations mentioned above right away. Alternative 2 - Delay the project until the next budget period. No real advantage. The disadvantage is that we delay a good project. I would recommend alternative 1. .- . Elmer, FYI. ~.~. _,~, .. _ z ~ ~ __ ~, ~~. ~~: Questions that were raised on Agenda Item for portable scales: 1. Is there a grant available to help with this? Not specifically. A grant was applied for to . ,.; be used for equipment. If we receive the money, it could be diverted for this use. However, it was applied for to purchase a scanner to be used in the records area to same time in entering data. 2. Why did we not do this during the budget preparation period? A decision had been made to wait until legislation was passed which would allow Roanoke County officers to take a vehicle out of service because of a various violations. We are asking for that legislation in the next General Assembly. However, recognizing that we can currently enforce weight limit laws, it was decided to go ahead and ask for funds to purchase the scales. 3. Would there be a problem with waiting until next year? It could wait. The considerations are: a. Safety b. Damage to roads, primarily Route 150, Route 1 1. Jack McCorkle sees a lot of trucks doing this every day on his way to and from work. There are an average of 30 overweight violations every day at the scales on I81. They feel that there are at least that man_, on the other roads. c. Loss of reven~ ie. 4. Could we do this with year-end rollover money, and reimburse with revenue from the fines we receive? Yes, that could probably be done. If we could get the board to allow the diversion of these fiends to the PD. A spot sample of violations recently showed that 3 trucks brought in $2,000 in revenue. However, none of the money currently goes to the locality. If we write citation, the money goes to us. 5. How do you staff the operation of the scales? With the traffic unit. We would probably divert about 20% of the traffic unit time to this activity. Will it require overtime? No. 6. Cash flow? How long does it take to get the money from the state once the ticket is issued? Thirty days ol• less. Generally these fines are seen as a cost of doing business and are not disputed. Once the citation is written, the fine is payed before a court date is established. Once the money gets to DMV it is forwarded to the locality. ~~ Don Myers 9/1/98