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HomeMy WebLinkAbout12/15/1998 - RegularO~ pOAN ~.~ ~ Fa 1838 ~~~~~~ ~U~J~C°I' °~C1 ~111~~~1~ ROANOKE COUNTY BOARD OF SUPERVISORS ACTION AGENDA DECEMBER 15, 1998 ~~~~~ Welcome to the Roanoke County Board of Supervisors meeting. Regular meetings are held on the second Tuesday and the fourth Tuesday at 3:00 p.m. Public hearings are held at 7:00 p.m on the fourth Tuesday of each month. Deviations from this schedule will be announced. Individuals with disabilities who require assistance or special arrangement in order to participate in or attend Board of Supervisors meetings or other programs and activities sponsored by Roanoke County, please contact the Clerk to the Board at (540) 772-2005. We request that you provide at least 48-hours notice so that proper arrangements may be made. A. OPENING CEREMONIES (3:00 P.M.) 1. Roll Call ALL PRESENT AT 3:02 P.M. (FM ABSENT FROM 3:15 PM UNTIL 3:58 P.M) 2. Invocation: Rev. Phillip Whitaker Brambleton Baptist Church 3. Pledge of Allegiance to the United States Flag B. REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF AGENDA ITEMS i ® Recycled Paper BLJ REMOVED CONSENT AGENDA ITEM J 6, REQUEST TO ESTABLISH FULL TIME POSITION UTILITY DEPT, TO NEW BUSINESS ITEM E.3 PMM ADDED EXECUTIVE SESSION ITEM PURSUANT TO SECTION 2.1-344 A (1) TO DISCUSS A PERSONNEL ISSUE REGARDING APPOINTMENT OF PERSONNEL FM ADVISED THAT TOMMY FUQUA'S MOTHER DIED AND HE WOULD LEAVE TO PAY BOARD RESPECTS AT FUNERAL HOME C. PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND AWARDS NONE D. BRIEFINGS NONE E. NEW BUSINESS 1. Request for funds to replace underground storage tanks at the Public Service Center. (Don Myers, Assistant Administrator) FFH MOTION TO FOLLOW STAFF RECOMMENDATION HCN SUBSTITUTE MOTION TO AUTHORIZE STAFF TO PURSUE ALT. C AND REPORT RESULTS AT 1/4199 MEETING; AND IF ALT. C NOT ACCEPTABLE. AUTHORIZE ALT B WITH FUNDS FROM YEAR END ROLL-OVER FROM CAPITAL FUND UNAPPROPRIATED BALANCE FFH WITHDREW MOTION A-121598-1 HCN MOTION TO AUTHORIZE STAFF TO PURSUE ALT. C AND REPORT RESULTS AT 1/4/99 MEETING; AND IF ALT. C NOT ACCEPTABLE. AUTHORIZE ALT B WITH FUNDS FROM YEAR END ROLL-OVER FROM CAPITAL FUND UNAPPROPRIATED BALANCE URC WITH HOM ABSENT 2. Approval of a settlement agreement with Belle Grove Development Corporation to resolve off-site drainage issues and pending litigation pertaining to Belle Grove Subdivision and the property of Nyna S. Murray. (Vickie L. Huffman, Assistant County Attorney) BOARD ALLOWED TERRY PARSELL TO SPEAK HOM RETURNED 3:58 P.M. HCN MOTION TO APPROVE ALT 2 -DECLINE TO APPROVE SETTLEMENT BLJ SUBSTITUTE MOTION TO APPROVE STAFF RECOMMENDATION BLJ WITHDREW SUBSTITUTE MOTION DUE TO CONFLICT IN MOTIONS HCN MOTION TO APPROVE ALT 2 -DECLINE TO APPROVE SETTLEMENT AYES: HCN NAYS: JPM, HOM, FFH, BLJ A-121598-2 BLJ MOTION_TO APPROVE SETTLEMENT AND ANY COSTS AND/OR RECOVERY BY DEVELOPER FROM POSSIBLE LAW SUITS SHARED WITH COUNTY URC 3. Request to establish full time position to administer Utility CIP projects and citizen initiated petition projects. MOTION DEFEATED A-121598-3 HOM MOTION TO APPROVE STAFF RECOMMENDATION -APPROVAL OF POSITION WITH BENEFITS AND INCREASE VEHICLE COUNT AYE HOME FFH NAYS: JPM,~HCN,. BLJ F. REQUEST FOR PUBLIC HEARING AND FIRST READING OF 3 REZONING ORDINANCE -CONSENT AGENDA BLJ MOTION TO APPROVE 1ST READINGS 2ND AND PUBLIC HEARINGS -1-26-99 URC 1. Ordinance to obtain a Special Use Permit to construct a private stable, located in the 4100 block of Garst Mill Road, Windsor Hills Magisterial District, upon the petition of David Sult. 2. Ordinance to obtain a Special Use Permit to allow adrive- through restaurant, located at 3944 Brambleton Avenue, Cave Spring Magisterial District, upon the petition of Grant Avenue Development, Inc. G. FIRST READING OF ORDINANCES 1. First reading of ordinance amending the Roanoke County Procurement Code, Sections 17-86, 17-88, 17-90, 17-91, 17-91.1, 17-92, and 17-93, to increase purchasing limits. (Elaine Carver, Director of Procurement) HCN SUGGESTED CHANGE IN LIMITS FOR VOUCHER ($500 TO $1,000 AND PHONE QUOTES $1 X000 TO $5,000) WITH OTHERS TO STAY THE SAME BLJ MOTION TO APPROVE 1ST READINGS WITH HCN'S SUGGESTED CHANGES BROUGHT TO 2ND READING FOR CONSIDERATION. 2ND AND PUBLIC HEARING -1-12-99 URC 2. First reading of ordinance authorizing lease of an existing dwelling and 10.40 acres, located at Spring Hollow Reservoir. (Gary Robertson, Utility Director) FFH MOTION TO APPROVE 1ST READINGS 2ND AND PUBLIC HEARING -1-12-99 4 H. SECOND READING OF ORDINANCES 1. Second reading of ordinance authorizing approval of a settlement agreement with Nyna S. Murray and acquisition of a 20 foot drainage easement with access and temporary construction easements, across property owned by Nyna S. Murray on Shadwell Drive in the Hollins Magisterial District, to provide for adequate drainage from Belle Grove Subdivision. (Vickie L. Huffman, Assistant County Attorney) 0-121598-4 BLJ MOTION TO APPROVE SETTLEMENT AND ADOPT ORD AYES: JPM,. HOM, FFH, BLJ NAY HCN I. APPOINTMENTS 1. Blue Ridge Community Services HCN ASKED BOARD CONCURRENCE FOR CONFIRMATION OF REV. WILLIAM L LEE, MEMBER AT LARGE, THREE YEAR TERM, EXPIRES 12/31 /2001 2. Building Code Board of Adjustment and Appeals HCN NOMINATED LARRY W. DEGEN, ALTERNATE, TO FOUR YEAR TERM, EXPIRING 7/28/2002 AND RICHARD L. WILLIAMS TO FOUR YEAR TERM EXPIRING 10/24/2002 3. Library Board HOM COMMENDED NANCY GREENE FOR HER SERVICE ON THE LIBRARY BOARD AND NOTED THAT CONFIRMATION OF HER REAPPOINTMENT IS ON THE CONSENT AGENDA 4. Task Force for Senior and Physically Challenged Citizens J. CONSENT AGENDA s ALL MATTERS LISTED UNDER THE CONSENT A ENDA ARE CONSIDERED BY THE BOARD TO BE ROUTINE AND WILL BE ENACTED BY ONE RESOLUTION IN THE FORM OR FORMS LISTED BELOW. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY. R-121598-5 BLJ MOTION TO ADOPT CONSENT RESO WITH ITEM 6 REMOVED URC 1. Approval of minutes for November 17, 1998, and December 1, 1998. 2. Confirmation of committee appointments to Building Code Board of Adjustments and Appeals, Blue Ridge Community Services Board of Directors, Grievance Panel, Library Board, New Century Venture Center Board of Directors and Planning Commission. A-121598-5.a 3. Acceptance of sanitary sewer facilities serving Hollins West Communications Research Institute. A-121598-5.b 4. Acceptance and appropriation of donated funds from Friends of the Library to the Library. A-121598-5.c 5. Acceptance of donation of a sanitary sewer easement from the Roanoke County School Board in connection with the Tanglewood Drive Sewer Relief Project. A-121598-5.d 6 MOVED TO NEW BUSINESS AND DEFEATED K. REQUESTS FOR WORK SESSIONS NONE L. REQUESTS FOR PUBLIC HEARINGS NONE M. CITIZENS' COMMENTS AND COMMUNICATIONS NONE N. REPORTS HOM MOTION TO RECEIVE AND FILE AFTER DISCUSSION OF ITEMS UVV 1. General Fund Unappropriated Balance 2. Capital Fund Unappropriated Balance 3. Board Contingency Fund 4. Future School Capital Reserve 5. Statement of the Treasurer's Accountability per investments and Portfolio Policy, as of November 30, 1998 O. WORK SESSIONS (4TH FLOOR CONFERENCE ROOM) 1. Planning Commission to discuss 1999 work program priorities PRESENTED BY TERRY HARRINGTON; FOUR PLANNING COMMISSION MEMBERS PRESENT; DISCUSSED PC PROJECT PRIORITY LIST AND STAFF PRIORITY LIST TIME: 4:55 P.M. TO 5:55 P.M. 2. Hazard Mitigation Grant for purchase of homes in Sun Valley/Palm Valley area PRESENTED BY GEORGE SIMPSON; CONSIDERATION IN DETERMINING PRIORITY OF HOMES WAS GIVEN AND MAPS DISPLAYED TIME: 6:00 P.M. TO 6:10 PM. 3. Board organizational rules and procedures HELD AFTER EVENING SESSION COMPLETED TIME: 8:20 P.M. TO 9:00 P.M. PRESENTED BY PAUL MAHONEY CONSENSUS THAT PMM WILL INCLUDE ALL SUGGESTIONS AND BRING BACK ORDINANCE FOR 1ST AND 2ND READINGS P. EXECUTIVE SESSION PURSUANT TO CODE OF VIRGINIA SECTION 2.1-344 A (7) TO DISCUSS LEGAL MATTER REQUIRING PROVISION OF LEGAL ADVICE, CONTRACT FOR SALE OF WATER TO CITY OF SALEM; (5) DISCUSSION CONCERNING ECONOMIC DEVELOPMENT PROSPECTS WHERE NO PREVIOUS ANNOUNCEMENT HAS BEEN MADE; AND (1) TO DISCUSS A PERSONNEL ISSUE REGARDING APPOINTMENT OF PERSONNEL. AT 4:54 P.M., BLJ MOTION TO GO INTO EXECUTIVE SESSION FOLLOWING WORK SESSIONS U RC EVENING SESSION (7:00 P.M.) Q. CERTIFICATION RESOLUTION R-121598-6 AT 7:00 P.M., BLJ MOTION TO RETURN TO OPEN SESSION AND ADOPT s CERT. RESO ,I~RC R. PUBLIC HEARINGS AND SECOND READING OF ORDINANCE 1. Second reading of ordinance to rezone approximately 0.50 acre from R-1 to C-1 with conditions to allow an accounting office in an existing house, located at 3716 Colonial Avenue, Cave Spring Magisterial District, upon the petition of Mark Harrell. (Terry Harrington, County Planner) (CONTINUED FROM 11-17-98 BECAUSE OF TIE VOTE) SEVEN CITIZENS SPOKE HOM MOTION TO DENY REZONING -DEFEATED AYES: HOM, FFH NAYS: JPM~ HCN, BLJ 0-121598-7 HCN MOTION TO APPROVE REZONING WITH CONDITIONS AYE JPM~ HCN, BLJ NAY HOM, FFH THE FOLLOWING PUBLIC HEARING HAS BEEN CONTINUED UNTIL JANUARY, 1999 AT THE REQUEST OF PLANNING COMMISSION Ordinance to rezone 11.93 acres from AG-3 to AR and obtain a Special Use Permit to allow a 9-hole golf course, located on the 2600 block of Rutrough Road, Vinton Magisterial District, upon the petition of Randall Wayne Brown. NEW BUSINESS ITEM ADDED 2. Request approval of Hazard Mitigation Grant from FEMA VDES HMGP File # VA-2235-161-037. (George Simpson, Assistant Director, Community Development) A-121598-8 BLJ MOTION TO APPROVE REQUEST URC 9 S. CITIZEN COMMENTS AND COMMUNICATIONS CAROL LAND~3617 COLONIAL AVENUE, SPOKE OF HER CONCERNS WITH APPROVAL OF REZONING ON COLONIAL AVENUE T. REPORTS AND INQUIRIES OF BOARD MEMBERS ~pervisor Nickens: (1) Questioned when the School Construction Steering Committee will meet again since it has been six to eight weeks since last meeting. Chair asked Clerk to draft letter to School Board Chair inquiring about meetings. Supervisor McNamara: (1) Suggested that Board invite School Board members to Board Retreat. ECH and Chair will draft retreat plans. (2) Wished everyone Happy Holidays. Supervisor Minnix: (1) Asked for status of bagged leaf collection since citizens have complained that bags are not being picked up timely and are being vandalized. ECH will report back on status. (2) Advised that Employees Christmas Lunch today was good and staff did outstanding job. (3) Thanked people of Cave Spring District for allowing him to serve another year and wished best of holidays to all. Supervisor Johnson: ~) Advised that renovations to Hollins and Fort Lewis Fire Stations are going well and on target, as well as Burlington School and Clearbrook School. Bonsack School is ahead of schedule. U. ADJOURNMENT BLJ ADJOURNED THE MEETING AT 9:07 P.M. io (~~rixxtt~ ~f ~K.nr~tzw.~.E ROANOKE COUNTY BOARD OF SUPERVISORS AGENDA DECEMBER 15, 1998 +~1urs rr~ ~~ Welcome to the Roanoke County Board of Supervisors meeting. Regular meetings are held on the second Tuesday and the fourth Tuesday at 3:00 p.m. Public hearings are held at 7:00 p.m on the fourth Tuesday of each month. Deviations from this schedule will be announced. Individuals with disabilities who require assistance or special arrangement in order to participate in or attend Board of Supervisors meetings or other programs and activities sponsored by Roanoke County, please contact the Clerk to the Board at (540) 772-2005. We request that you provide at least 48-hours notice so that proper arrangements may be made. A. OPENING CEREMONIES (3:00 P.M.) 1. Roll Call 2. Invocation: Rev. Phillip Whitaker Brambleton Baptist Church 3. Pledge of Allegiance to the United States Flag B. REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF AGENDA ITEMS C. PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND AWARDS D. BRIEFINGS i E. NEW BUSINESS 1. Request for funds to replace underground storage tanks at the Public Service Center. (Don Myers, Assistant Administrator) 2. Approval of a settlement agreement with Belle Grove Development Corporation to resolve off-site drainage issues and pending litigation pertaining to Belle Grove Subdivision and the property of Nyna S. Murray. (Vickie L. Huffman, Assistant County Attorney) F. REQUEST FOR PUBLIC HEARING AND FIRST READING OF REZONING ORDINANCE -CONSENT AGENDA 1. Ordinance to obtain a Special Use Permit to construct a private stable, located in the 4100 block of Garst Mill Road, Windsor Hills Magisterial District, upon the petition of David Sult. 2. Ordinance to obtain a Special Use Permit to allow adrive- through restaurant, located at 3944 Brambleton Avenue, Cave Spring Magisterial District, upon the petition of Grant Avenue Development, Inc. G. FIRST READING OF ORDINANCES 1. First reading of ordinance amending the Roanoke County Procurement Code, Sections 17-86, 17-88, 17-90, 17-91, 17-91.1, 17-92, and 17-93, to increase purchasing limits. (Elaine Carver, Director of Procurement) 2. First reading of ordinance authorizing lease of an existing dwelling and 10.40 acres, located at Spring Hollow Reservoir. (Gary Robertson, Utility Director) H. SECOND READING OF ORDINANCES 1. Second reading of ordinance authorizing approval of a a settlement agreement with Nyna S. Murray and acquisition of a 20 foot drainage easement with access and temporary construction easements, across property owned by Nyna S. Murray on Shadwell Drive in the Hollins Magisterial District, to provide for adequate drainage from Belle Grove Subdivision. (Vickie L. Huffman, Assistant County Attorney) I. APPOINTMENTS 1. Blue Ridge Community Services 2. Building Code Board of Adjustment and Appeals 3. Library Board 4. Task Force for Senior and Physically Challenged Citizens J. CONSENT AGENDA ALL MATTERS LISTED UNDER THE CONSENT A ENDA ARE CONSIDERED BY THE BOARD TO BE ROUTINE AND WILL BE ENACTED BY ONE RESOLUTION IN THE FORM OR FORMS LISTED BELOW. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY. 1. Approval of minutes for November 17, 1998, and December 1, 1998. 2. Confirmation of committee appointments to Building Code Board of Adjustments and Appeals, Blue Ridge Community Services Board of Directors, Grievance Panel, Library Board, New Century Venture Center Board of Directors and Planning Commission. 3. Acceptance of sanitary sewer facilities serving Hollins West Communications Research Institute. 4. Acceptance and appropriation of donated funds from Friends of 3 the Library to the Library. 5. Acceptance of donation of a sanitary sewer easement from the Roanoke County School Board in connection with the Tanglewood Drive Sewer Relief Project. 6. Request to establish full time position to administer Utility CIP projects and citizen initiated petition projects. K. REQUESTS FOR WORK SESSIONS L. REQUESTS FOR PUBLIC HEARINGS M. CITIZENS' COMMENTS AND COMMUNICATIONS N. REPORTS 1. General Fund Unappropriated Balance 2. Capital Fund Unappropriated Balance 3. Board Contingency Fund 4. Future School Capital Reserve 5. Statement of the Treasurer's Accountability per investments and Portfolio Policy, as of November 30, 1998 O. WORK SESSIONS (4TH FLOOR CONFERENCE ROOM) 1. Planning Commission to discuss 1999 work program priorities 2. Hazard Mitigation Grant for purchase of homes in Sun Valley/Palm Valley area 3. Board organizational rules and procedures 4 P. EXECUTIVE SESSION PURSUANT TO CODE OF VIRGINIA SECTION 2.1-344 A (7) TO DISCUSS LEGAL MATTER REQUIRING PROVISION OF LEGAL ADVICE, CONTRACT FOR SALE OF WATER TO CITY OF SALEM; AND (5) DISCUSSION CONCERNING ECONOMIC DEVELOPMENT PROSPECTS WHERE NO PREVIOUS ANNOUNCEMENT HAS BEEN MADE. EVENING SESSION (7:00 P.M.~ Q. CERTIFICATION RESOLUTION R. PUBLIC HEARINGS AND SECOND READING OF ORDINANCE 1. Second reading of ordinance to rezone approximately 0.50 acre from R-1 to C-1 with conditions to allow an accounting office in an existing house, located at 3716 Colonial Avenue, Cave Spring Magisterial District, upon the petition of Mark Harrell. (Terry Harrington, County Planner) (CONTINUED FROM 11-17-98 BECAUSE OF TIE VOTE) THE FOLLOWING PUBLIC HEARING HAS BEEN CONTINUED UNTIL JANUARY, 1999 AT THE REQUEST OF PLANNING COMMISSION Ordinance to rezone 11.93 acres from AG-3 to AR and obtain a Special Use Permit to allow a 9-hole golf course, located on the 2600 block of Rutrough Road, Vinton Magisterial District, upon the petition of Randall Wayne Brown. S. CITIZEN COMMENTS AND COMMUNICATIONS T. REPORTS AND INQUIRIES OF BOARD MEMBERS U. ADJOURNMENT 5 r A-121598-1 ACTION # ITEM NUlVIBER ~ " AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA :HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE December 15, 1998 AGENDA ITEM: Request for Funds to Replace Underground Storage Tanks at the Public Service Center COUNTY ADMINISTRATOR'S COMMENTS: To the best of our knowledge, this completes the fuel tank remediation. If by some chance there are others on property - ~e own or have purchased, we will need to remove them as well and will need funding to do so. Recommend approval of Alternative B, removal of the tanks. BACKGROUND: On November 25, 1998, the County was notified that three (3) underground fuel storage tanks (USTs) registered to Roanoke County and located at the Public Service Center on Kessler Mill Road (KMR) were not in compliance with U.S. Environmental Protection Agency standards that will go into effect on December 22, 1998. SUMMARY OF INFORMATION: There were three USTs at the Iti.MR facility when it was purchased by the County in 1984. Two of the tanks were removed shortl~~ after the flood of 1985. The third and remaining tank was removed in November, 1997. DEQ records indicated three tanks at KMR registered to the County in 1985. Based on this information, Col.ulty personnel reasoned that the three tanks that were removed were those registered to the Board of Supervisors and that the County was in compliance. After the November 25, notification, it was determined that the tanks that DEQ made reference to were actually the tanks installed in 1986 and currently in use. Steps must now be taken to bring the site into compliance 1 ~- i ALTERNATNES: Alternative #A: Retrofit the existing UST systems in accordance with the UST regulations, utilizing the existing USTs, dispensers, dispenser island, lines and canopy. UST testing at a cost of $16,000 is required before proceeding with this option. If the USTs pass required testing then the tanks can be retrofitted at an estimated cost of $63,000 which includes the $16,000.. Alternative #B: Removal of the USTs and installation of new aboveground storage tank (AST) system, utilizing the existing dispensers and canopy, with new dispenser island and pad which are the same size as present. Estimated cost is $155,900. (Please see Attachment A for Pros and Cons of Alternatives A and B) STAFF RECOMMENDATION: Although Alternative A potentially offers a lower cost short-term solution, there is the immediate risk that the tanks will not pass,required testing and the long-term certainty that the tanks will leak at some point. At that time tJ ~ ~y would not only need to be replaced but additional cleanup costs could be incurred. Alternativ-~ B offers a long-term solution to the problem and Staff recommends Alternative B. With approval of this approp:•iation request and in compliance with Section 17-14 of the Roanoke County Procurement Code "Modification of Contracts", the Board of Supervisors authorizes an amendment to contract number CP98-39 with Earth Tech, Inc. To perform the work. FISCAL IMPACT: The estimated cost for Alternative B is $155,900. This assumes that the tanks have not leaked and that there will be no costs other than for removal and replacement. Recommended source of funds is the Capital Fund Unappropriated Balance. ,~~ ~- ~. Respectfully submitted, Don C. Myers T Assistant County Administrator Appro//v~~ed, Elmer C. Hodge County Administrator ACTION Approved (x) Motion by: Harry C. Nickens to authorize Denied () staff to pursue Alt. C and report results at Received () 1-4-99 meeting. and if Alt. C not accept- Referred () able, authorize AIt.B with funds from year- To () end roll-over from Capital Unappropriated Fund Balance cc: File Don C. Myers, Assistant County Administrator Diane D. Hyatt, Director, Finance Bill Rand, Director, General Services VOTE No Yes Absent Johnson _ x _ Harrison _ x _ McNamara- x Minnix _ _ x Nickens _ x Alternative C: Authorize staff to investigate further testing to verify that tanks can be retrofitted since tests performed on 1214-98 found that the tanks have been protected, which makes retrofitting more desirable and less expensive; and to proceed with Alt. B if the tanks cannot be retrofitted. 3 OPTION A OPTION A "PROs" "CONs" • Potential fastest option; however, Ultimate liabilities associated with USTs subcontractor scheduling unknown. (future potential underground leaks). Potentially a minimum of 45 days, or more, before commencin activities. • Least expensive option. The USTs are already 10 to 15 years old. Although cathodic protection should prevent further decay, there is no guarantee against future failure of USTs. • No warran of existin USTs. • If this option is selected, and the USTs fail the testing, the cost of approximately $16,000 is incurred, in addition to the costs for Option B. • Monthly maintenance costs for release detection via stringent records maintenance (or other more expensive automatic means) re wired. • Due to unknown conditions under concrete pad (odd pipe fittings, or unusual/ unacceptable construction), costs could increase substantial) . • High potential for future replacement with ASTs; therefore cost benefits of retrofit may be lost. • If there are no manways in the USTs, requiring cutting of an access-way in the top of the UST, it cannot be guaranteed that the UST will pass a tightness test after a cover late is welded over the access-wa . OPTION B OPTION B "PROs" "CONs" • No UST Liabilities. Slower o tion. • 30 Year AST Warran 8 to 15 weeks for delive of new ASTs. • Visual spill containment and safety Additional costs may be incurred by the devises to prevent spills and overfills of County for their vehicles to be fueled at tanks. another location, or for rental of a temporary fuel tank, during new AST installation activities. • Potential delays in installation of new island , underground lines, and canopy in the event that significant contamination is encountered in the former UST it. E- Attachment A A-121598-2 ACTION NO. ITEM NO. ~~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: December 15, 1998 AGENDA ITEM: Approval of a Settlement Agreement with Belle Grove Development Corporation to Resolve Off-Site Drainage Issues and Pending Litigation Pertaining to Belle Grove Subdivision and the Property of Nyna S. Murray. COUNTY ADMINISTRATOR'S COMMENTS: EXECUTIVE SUNIlVIARY: This is to request Board approval of a settlement agreement with Belle Grove Development Corporation related to correction of existing conditions on the Nyna S. Murray property by repairing a sink hole and by construction of a conduit system for the transmission of drainage from the stormwater detention facility in the adjoining Belle Grove Subdivision to the existing drainage easement along Shadwell Drive. BACKGROUND: Belle Grove Development Corporation ("Belle Grove") is the owner and developer of Belle Grove Subdivision, which adjoins the rear property line of Nyna S. Murray. Subsequent to construction of the stormwater detention facilities for the development, problems became apparent when sinkholes appeared within the pond and on the Murray property. Upon inspection, it also appeared that the discharge from the pond was not into a natural watercourse as previously believed based upon the engineer's certification and VDOT's approval of the plans. In a letter dated Apri125, 1997, the County Engineering Department specified further requirements for the development to correct and/or address the drainage and sinkhole problems. When the requirements were not completed, the Bonding Committee recommended to the Board of Supervisors that Belle Grove Development Corporation be formally declared in default under their Land Subdividers Agreement dated June 5, 1995, and their Erosion and Sediment Control ~~ Agreement, dated June 5, 1995. Belle Grove requested a review hearing before the Board, appealing the requirements of the Engineering Department. Both matters were heard on August 19, 1997; this Board denied Belle Grove's appeal, requiring the corrections to be made within thirty (30) days, and approved the Bonding Committee's recommendation to formally declare Belle Grove in default. Belle Grove noted an appeal of the Board's decisions, and those matters are currently pending in the Circuit Court of Roanoke County. SUNIlVIARY OF INFORMATION: During the interim, Belle Grove tentatively agreed to contribute to the cost of the off-site drainage project and repairs, conditioned upon acquisition of the drainage easement on the Murray property. Staffhas continued to negotiate with both parties. Belle Grove verbally agreed to pay up to $20,000.00 toward the project, which was approximately one-half of the total estimated cost. Additional revisions to the construction plans to address concerns of Ms. Murray and the additional consideration to be paid for the easement have since increased the overall cost of the project to approximately $47,400.00. However, the County engineering staff estimates that savings can be accomplished through use of the County drainage crew for construction, with the labor and materials to be charged to the project. The final proposed agreement provides that Belle Grove will deposit the sum of $20,000.00 with the County toward the total cost of the off-site drainage project, including the cost for acquisition of the easement. The County will supervise, manage and inspect the project. Any cost savings resulting in a total cost of less than $40,000.00 will be divided equally between Belle Grove and the County; Belle Grove's share is to be reimbursed upon completion and final acceptance of the project by the Vuginia Department of Transportation. The proposed agreement constitutes a full and final settlement of all issues pertaining to the off-site drainage onto the Murray property for Phase I of Belle Grove Subdivision. The County agrees to withdraw father enforcement action against the developer on matters pertaining to the off site drainage, and Belle Grove agrees to dismiss the appeal of the Board's August 17, 1997, decision to the extent of the off-site drainage issues. The on-site issues, mainly related to the stormwater detention pond, remain outstanding. However, with this settlement proposal, Belle Grove has proceeded with steps to address the requirements of the County engineers for completion of Phase I, Belle Grove Subdivision. FISCAL M'ACTS: The County's share of the costs will be paid from the $45,000.00 previously appropriated by action of this Board on June 23, 1998, to the Belle GrovelMurray account in the Capital Fund. Staff estimates that, with cost-savings measures, the $20,000.00 to be contributed by Belle Grove will amount to half of the total cost. 2 ALTERNATIVES: ~~~ 1. Approve the proposed settlement agreement with Belle Grove Development Corporation to resolve off-site drainage issues and pending litigation pertaining to Belle Grove Subdivision and the property of Nyna S. Murray, and authorize the County Administrator to execute such documents as may be necessary consistent with this action, in form approved by the County Attorney. 2. Decline to approve the proposed settlement. STAFF RECOMMENDATION: Staff recommends Alternative #1 above. RESPECTFULLY SUBMITTED: r~ Vickie . Huffm Assistant County ttorney ACTION VOTE No Yes Abs Approved (x) Motion by: Bob L. Johnson to approve Johnson _ x _ Denied () settlement and any costs and/or recovery Harrison _ x Received () of funds from further legal action by McNamara- x _ Referred () developer shared with County Minnix _ x _ To () Nickens _ x cc: File Vickie L. Huffman, Assistant County Attorney Diane D. Hyatt, Director, Finance 3 ~illlllllllllillllilllllllll11111111111111IIIIIIIIIIIIIIIillllllllllllllllllllllll1111111111111111111111111111111111illlilllllll~ ~~ _ - ~ - _ _ _ _ _ _ _ _ - AGENDA ITEM NO. -_ APPE CE RE QUEST = PUBLIC HEARING ORDINANCE CITIZENS COMMENTS __ SUB CT: ~ _ -_ __ `` I would like the Chairman of the Board of Supervisors to r~ognize me during the meeting on the above matter so that I may comment. ;'" WHEN CALLED TO THE LECTERN, I WILL GIVE~IY NAME AND ADDRESS FOR THE RECORD. I AGREE TO ABIDE BY,;'~HE GUIDELINES LISTED BELOW: c :' o ~' ^ Each speaker will be given between,~hree to five minutes to comment whether speaking as an individual ~ representative. The Chairman will c decide the time limit based on the tuber of citizens speakin on an issue, and will enforce the rule unless i structed by the majority ofgthe Board to do otherwise. -_ -- ^ Speaker will be limited to a+'~presentation of their point of view only. Questions of clarification m~cy be entertained by the Chairman. i = ^ All comments must be directed to the Board. Debate between a recognized speaker and audience members is not allowed. _ 1 ^ 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 S~'EAKING ON BEHALF OF AN ORGANIZED GROUP = SHALL FILE WITH THE CLERK A UTHORIZATION FROM THE GROUP ALLOWING TIE INDIVIDUAL TD REPRESENT THEM. PLEASE PRINT LEGIBLY AND GIVE TO THE CLERK _ r1AME 1 , ~,~~ a t ~ ., .-..r„ -_ -~~ -_ ~, ~ 4^ ~ - ,~. ADDRESS ~ '~~, ~ ~- ~` -_ PHONE ~"> ` ~ . ; ~ ~., ~` ~~.'``"~ Illilillllllillillllillllillllllllilllillll Illillilllllilllilllllllllllllllilllllillllllillllllllllilillilllllilllllllllllllllllm ~iiiiuuiiiiiiiiiiitiiiiiiiiiiiiiiiiiiuuiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiuiiiiii~~~~~~ _ _ _ _ a AGENDA ITEM NO. APPE CE REQUEST =_ PUBLIC HEARING ORDINANC E CITIZENS COMMENTS -- SUBJECT: ~ z I would like the Chairman of the Board of Supervisors to recognize me during the 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 BELOW: ^ Each speaker will be given between three to five minutes to comment whether speaking as an individual or representative. The Chairman will decide the time limit based on the number of citizens speakin on an issue, 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 a recognized c speaker and audience members is not allowed. c =_ ^ 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 c SHALL FILE WITH THE CLERK AUTHORIZATION FROM THE GROUP c ALLOWING THE INDIVIDUAL TD REPRESENT THEM. c PLEASE PRINT LEGIBLY AND GIVE TO THE CLERK _ _ _ -_ _ _ r~ NAME /~..-~~` / ~ ;/ ~-/~ ~' G'~t..- _ _ ADDRESS j ~ 2 li(/ [C [ ~ ~ -_ __ PHONE 3'-E Z Z Z ~ Z' fiiii~nniiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiimiiiiiiiii~iiiiiiiiiiiiiiiiiiiiiiiiiiiiuiiiiiiiiiiiniiiiiiiiuiiiiiiiiiiiiii~il"i A-121598-3 ACTION # ITEM NUMBER ~y~ ~ 3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGIlVIA HELD AT THE ROANOKE COUNTY ADMII~lISTRATION CENTER MEETING DATE: December 15, 1998 AGENDA ITEM: Request to Establish Full Time Position to Administer Utility CIP and Citizen Initiated Petition Projects COUNTY ADMINISTRATOR'S COMMENTS: BACKGROUND: Prior to construction of the Spring Hollow Project, the Boazd of Supervisors approved three full- time positions to coordinate and oversee the water transmission projects. In the past, these employees were not only responsible for the water transmission projects, but they also provided considerable assistance with design and administration of the Utility CIP projects and the Petition for Public Works projects. This concept of handling County projects worked very well and is cost effective. These positions were full-time with benefits, but of a temporary nature. Funding for these positions ended June 30, 1998. SUNIlVIARY OF INFORMATION: Since July 1, 1998, one of these employees has continued to work part-time with our department. This employee would like to remain with the County but is pursuing full time employment. If we lose this employee, the Utility Staff will have to rely more on outside consultants to provide design and construction administration services. Staff estimates approximately $3.0 million dollazs of utility projects will be designed and constructed in the next two yeazs. If these projects are designed and administered solely by outside firms, costs will approach $300,000 (5% engineering, 5% construction administration). With this volume of work, it is considerably more cost effective to use County staff to perform the majority of the design and administration. Salazy and benefits for this position would be approximately $50,000 per year. Utility Department staff expects this level of work to continue for the foreseeable future. .. ~ -3 .~'' FISCAL IlVIPACT: Funding for this position will be provided by the Utility Capital Fund for the CIP and Petition for Public Works projects. STAFF RECOMMENDATION: Staff recommends approval of a full-time position (Civil Engineer I) with benefits. This position will be funded from the Utility Capital Fund and will be contingent on adequate funds being available. Staff also recommends that the Utility Department vehicle count be increased by one (1) to allow a surplus utility vehicle to be used. SUBMITTED BY: Gary Robe on, P.E. Utility Dire or APPROVED: ~~~ Elmer C. Hodge County Administrator ACTION VOTE No Yes Abs Approved () Motion by: H. Odell Minnix motion to Johnson x _ _ Denied (X) approve staff recommendation Harrison x _ _ Received () McNamara- x Referred () Minnix _ x _ To () Nickens x _ cc: File Gary Robertson, Director, Utility Joseph Sgroi, Director, Human Resources ACTION N0. ITEM N0. ~ ~" °~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: December 15, 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 January 26, 1999. The titles of these ordinances are as follows: 1) An ordinance to obtain a Special Use Permit to construct a private stable, located in the 4100 block of Garst Mill Road, Windsor Hills Magisterial District, upon the petition of David Sult. 2) An ordinance to obtain a Special Use Permit to allow adrive-through restaurant, located at 3944 Brambleton Avenue, Cave Spring Magisterial District, upon the petition of Grant Avenue Development Inc. MAPS ARE ATTACHED; MORE DETAILED INFORMATION IS AVAILABLE IN THE CLERK'S OFFICE. I ~ _ ~•• STAFF RECOMMENDATION: Staff recommends as follows: (1) That the Board approve and adopt the first reading of these rezoning ordinances for the purpose of scheduling the second reading and public hearing for January 26, 1999. (2) That this section of the agenda be, and hereby is, approved and concurred in as to each item separately set forth as Items 1 through 2, inclusive, and that the Clerk is authorized and directed where required by law to set forth upon any of said items the separate vote tabulation for any such item pursuant to this action. Respectfully submitted, ~~ ~~~~ Paul M. Mahoney County Attorney Action No Yes Abs Approved ( ) Denied ( ) Received ( ) Referred to Motion by Harrison Johnson McNamara Minnix Nickens COUNTY OF ROANOKE DEPT. OF PLANNfNG AND ZONING 5204 Bernard 0r, _ P.o. Box 2s8oo - Roanoke, VA 24018 540 772-2068 FA i5'--, 0) % % 2-2108 For staff use only date ;zceived:' " received by/' ~ appfic~tion tee:.„ is ~ e ~ PCIBZA d~a;e: ~ ~, ~ ., t placards issped: ~ 505 date: a ~ ~ , ~ Case Number: ' ,__, ~ i Does the p~rcel meet the minimum lot are-, '~~i~ _`~, and trortage requir=_ments of the requested dis:.-:c.? YES ~ NO IF N0, AyVr,,=..iA'~CE IS REQUIRED FIRST. / Does the parcel meet the minimum criteria to ,-= requested Use Type? YES ~/ NO IF N0, A VARIANCE IS REQUIRED FIP,ST. li rzzoning re~uesL are conditions oeing prot'_'_~ ~.vith this request? Y_S ~'~'0 :~;?~:ii~~:i:i:_~:i~i? ~;:;:iasi:.~?i5 _i?~! i?? ~;?~??iiiiii??? ~;?_;;?!? i9i i:i iii i i;i! i! _; i _ i ~l VailanCe 0'i Section(s) Oi Une ROCnOKe CGUnty zOning OCdlrla:"1C? ifi C. =. c. ;O: Is the application complete? Please chec!< it enc`csed. APPLICATION `NILE ~tOT EE ACCEPTED IF A.\'Y OF T HESc" ITEMS ARE MISSING OR INCONIPLE T E. v ws "v ws v Consu{tation ~ 8 1 /2" x i i ' concept plan Application tee :,.. Application '''v~;' Metes and counds description ~S t':~ Provers, it applicadfe Justification ^~~ .Water and saver application ~' Adjoining propery o~•lners !hereby certify that I am er'ther the owner of the rroperty or the o~~ner's agent or cor,rract purchasz~ and am acting with the knowledge and consent of the owner. Owner's Signature: - ~..f '`~`' `ra. .rii~``'r' . „ .... Proposed ZOnin9: ST's~~tN~j, /n.2o V~r, ~~ Scar= uSZ cam.';: i PrOpO52d Land Use: ~ Use Type: Foi Staff Usa Only: Case Number ~ ~ i ~:; cif iii::..: ii~'i'~i'"0i°' .. F';:'~' '. ~~ ... ~..r . .........:.:...:.:.:.................. .:: , ~ ~~ ~~ .~ ~t ~ Applicant ~~~r /1 S~ (~ ~ rat ~ T~ - - The Planning Commission will study rezoning and s.Lecial use permit requests to determine the need and justification for the change in terms of public health, Safety, and genera( ~r~elfare. Please answer the ;";;Ilc:~;ing questions as thoroughly as possible. Use additional space if necessary. Please explain how the request furhers the purposzs cf the Zoning Ordinance (Section 30-3) as Weil as ;.-.a purpose found at the beginning of the applicable zo;,ing districrclassification in the zoning ordinance. i i~~' ~IlU~vaSG ~ fi? S ~ v/u~t ~a Nu i' ~ ~/C~~ i~~ /~'/~jt ~~'S ifJ/.` ~. i /,t (~ c'vw ~ r~~ LT, U ~r,',~L~/ L~ TT~~ r''lb~rri c~'i ~U•/ ~~ rr/1~ o~~'~ •/ ~•vivU~~ fir' ~a•+/L` ~ LF,g/1~•G- /¢r n, ~ ~/"uw vYJ /~ ~ .Vd ~ yr''f G7" D a/ ~rL1~'rd• C,~' ~F ~C~ ~G !I ~~ C ~, fi~lLJ•v~ o ~ ~ ~~ ~'~ ~~ s i~ ~v~ ~~ y,.,~rc eras ~ ~- / s ,~~, ~, ,, fiy' ~N~ ~Zr:D~E ~~ /~6~ ~ Nay. _ Fieas2 explain how the project conforms to the gan=_raI guidelines and policies contained in the Roanc'<e County Comprehensive Plan. ~1~' ~ ~itU~OS 1:O ~ , I' ~ I~vu ~~ ~N'~1 ~~' ~ .DDS j~icrrl~i ~/,~ y'..a.~s~ c ?'" a av fig ,~' ~~r/ZflaU,~;~,/ti>f' fir,'-S~/~.~~ ;~L ~~'~6rt3~2Mv~d. Tra,S a;~~~ -./,t,c,. ~~,,.fi.vr~f~' I /~f'1 5 ~t SG y/C/rt vP7 i"1,~1'~ h, i !~, 1/ ~ ~.~~G rJ~f..i 5~/~~~ TI.(J,Yr I $ ®~ ~ e~/a~Lt`; ~-Nb ~!/~v~ ~1/U 1'ryB ~' T U n/ i r~'~ d2, G ~~ ;~ r/}% wr/~~ ~d/(. ~-f~~ r K r S ?'i /G- ,, 3~ SFwr2 ~i~/r , ~ _ Pleas2 d2SC(Ibe the ImpaCt(S~ Oi the fegUeSt On i,'1e ~rCOert'~ Itself, ti`1e adjoining prOp2ftieS, and tn2 Sir":._',cing area, as well as the impacts on public services and facilities, including water/se~rrer, roads, schools, par4cs/recreation, and firelrescue. T.~,S Q ~ Q u ~ 5 ~' w, ~ ~ ~~r~v.t; r1, ti-, ~ >~G ~ ~~~ o r o ~ r,~~ ~.~ u/>fr~~ y i r s ~L.~. ~ ~f~ricr~ ~N~ Sr~,~,,t, ,~~/L;v ~/~;,r. I3~ ~,~,~ v~v'L~! y,~~j~o/~,M.G N ~S, w.v~f/z 3fLv~s~ v/~ LL j~' c l,r'~~IFQ ~"~/I1 ~r'~T G~fd~~iQ . '>~J S S~-/u~ ~> y~~>tir~5~ /lS;~'~3/~ l ~~ ~~~ S~:c~(L~Ty ~vQ ~~,jo~N/yv~ ~o/~o~r'~LrIG.S. Tl~'~~ ~2~; Q ~ G.~ ~ S {~r~u ~~ 1,//~-/f:-' ~i/~ -Z,^^~/~ G7' o ~/ ~w ~ L ~ ~ 5 r2 ~/r c ~ S . ~'!" '°~ l~eg~est ~#~€~f~~ t l~€1~~111T ~~~~Etted=-b-y; - ~ f~. ~u~t ~~SQ V~lii'Cowtawn Street ~aa-woke, ~~- ~`~ R~~c€i~ of ~~-: ~:-a~€~ot~~~-ate~a~-,-~-Mfli Road and~trd--Li-c~-E~-e~k. This. far~d• is actjacer~t to- ~-y-p~~y-~~~~bc~ve -aes~ Tie majority of-the ia~trt is within the food plane of M-ud Lick-C-reek. The recent replacement of the sewer line through this land has removed many trees. The remaining wooded area is mostly overgrown with underbrush. My special use permit request is for a private stable with no more than three horses. I intend to fence the entire parcel with a 3 board fence and build a 24' x ~4' barn. Mo other buildings or alterations are planned. The fence will be constructed as to have ir~imai effect on water fbw in the event of flooding. It wilt be at least eight feet back from the existing bank of Mud Lick Creek. The wooded portbn of the parcel adjacent to Garst Miil Rd will be cleared of underbrusl~~ Ati trees of five inches or mare will be left. This will allow better visibility into this portion of the land and discourage vagrancy. The land will be policed regularly for litter and the fence will prevent access for dumping. Though grazing will help keep the grass short, the land will be mowed regularly to keep down weeds and underbrush. The barn will be constructed on a part of the land above the flood plane and roughly adjacent to my existing property. It will be built of natural wood. X411 mange accuFnulated at the barn will be removed regularly. My intention is that this use of this land wilt have no negative impact on area property owners. ROANOKE COUNTY David G. S~.clt DEPARTMENT OF Special Use Permit COMMUNITY DEVELOPMENT 77.05-5- 7 6 COUNTY OF ROANOKE DEPT. OF PLANNING AND ZONING 520li Bernard Dr. __ P.O. Box 29800 Roanoke, VA 24018 ( 5~0' 772-2063 FA.X (S~:C ? %7%-21 ~~~ date re,c~iv~d,; ~ received bar ,,~ a iicationr`E=:~.i I PCr'8Z~; do '~,~ •-~ s pp ~ I ~,~_~~~~ placard s,ys~d~~; (..GS dace case ?v~rnoer:~"~' ;::I i;° ;;t ;:::;: •:: Check type of application filed (check all that apply): Ci REZONING C~SPECfAL USE ^VA.RiANCE IAppiicant's name: Grant Avenue Development, inc. Fhone:315-255-]559 Address: 69 South Street, Auburn, M' Zip Code: 13021 CC~ITACT: Edward A. Nett, Es P. O. Box 20068. Roanok u 4 4-1197 Owner's name: MT Holding CorrQany Phone:540-343-5533 Address: 25 Magodee P! ace, Boones Mi i 1 , 'JA. Zip Code: 24065 Location of property: 3944 Brarrd~ [ eton Avenue Tax Map Numoer: 77,13-5-36 Magisterial District. Cave spring Size of parcel (s): 0.742 acres 39, 325 sq.ft. Proposed Zoning: Proposed Land Use: ~mmunity Planning Area: Cave Spring Existing Zoning: C-2 Existing Land Use: Corrmerc i a i ':;~ :~:~ C-2 Restaurant with drive-through r"c~ Stay Usz Onfy ~, Use Type: Does the parcel meet the minimum lot area, width, and frontage requirements of the requested district? YcS X NO IF NO, A VA.°,iA.,'~lCE (S REQUIRED FIRST. Does the pares! meet the minimum criteria, for the requested Use Type? YES X NG IF N0, A VARIANCE IS REQUIREC F1RS T . IL .,.~.,..~..~. .~.,,,....~ ., .., .....,.IL....,.- L...~.,.. .,~'. -..r-rf ~e~ir'n !die rarntaef~ ~/C NV N/~ :X• Variance of Section(s) / of the Roanoke County Zoning Ordinates in order tat Is the application complete? Please check if enciesed. ARPLICA T ICN `NILE NG T BE A.CCE°T'8D IF ANY CP THESE ITEMS ARE MISSING OR INCO~iPLE T t. R!5 Y W9 Y rV5 V Consultation 8 1 /2" x 1 1" concept plan ~ Application fee X ( Application `'%° Metes and bounds descnptlcn P'r0irers, ii applicable X I Justification ~'w~ Water and se`Ner application X ~ ?.djcining property cvvners l hereby cerriry Thar ! am either the owner or rr,e property or the owner's agent or contract purchaser anc am acting with me knowledge and consent or rte owner. ~" Owner's Signature: - __ ~~~~ ;,,~~~~~~~ ~ ~,,~`~~ • F~~ Starf Use Only: Case Number i:iilii; ici:;l;!ii;i;i; i; i;i`:;i;i;i i~iiii;;. iii;i:i:iii:iii:iiiiii:ib:i;i;!;ii iiiiiii:iii:i;?;i;ij:i?i`:is::ii;i:iiii i:it i;iiiiiik;;:i ii: i;iii:ii:;i'i: i; i;i;l;i:.;iii; i?i;iii,i;iji; if ~; j.;;ij:ji jiiiii Eiiiii:i;iji:ijiii(i;Ei::;:~_;;i.i;;;i;:.:,;;Eji.;:;:;:;:;~.;t:,: ~,::: . A p p I i c~ n t C~Nf AVEI~AJE DE~JELD~aVtEN'f CO . ~"~ ~' The Planning Commission will study reconing and special use permit request to determine the need and justification for the change in terms of public he=lth, safety, and general welfare. Flease answer the fo(ic~,ving questions as thoroughly as possible. Use additional space i. necassary. Flease explain how the request furhers the purposas or the Zoning Ordinance {Section 3G-3) as well as the purpose found at the beginning of the applicable zoning district ciassificaticn in the zoning ordinanc=_. This request is for a Special Use Permit to operate a drive- through restaurant on a_parcel. of land already zoned for restaurant use. The drive-through restaurant would be similar to other drive- throughs which are located in the immediate proximity of the ~, property. The purpose of the zoning ordinance will be met in that ~I an additional commercial use will be located on the property in an 'i appropriate zoning district. Please e;<plain how the project conforms to the genera! guidelines and policies contained in the Raaneke Ccunr~ Comprehensive Plan. The project conforms to the general guidelines and policies contained in the Roanoke County Comprehensive Plan. The Roanoke County Comprehensive Plan calls for this to be commercially utilized. The proposed use fits within said plan in that it promotes and encourages a new commercial use on the property. Please describe the impacts} of the request on the property itself, the adjoining properties, and the surrounding area, as well as the impacts on public services and facilities, including water/sewer, roads, schools, parks/recreation, and fire/rescue. The proposed project will not have a negative impact irn any way on any of the adjoining commercial properties. Q ~ ~ 1~ ii' _c ~ ~ }= U' =~ y ; ~~ c, ~ -~ ~ n t r 3 it N i r- F' lu ~.ti,\ ~-~ "•~`~ ._. ~ .. ~~.,• ' ~~~ 4 ~ I ~6' _; ~j~- _ .. / p`~' ~ __ o ~,... ~ ~1~- _ ' _ ~ `\ \ / / ~'~` ~' ~ ~ S' ~ \ t~ ~~ ~ ` i •~~-, ~ ~ ~ ~ ~ ..i ~~ 1 I ~`~ r~~t~tJ'di~. 'j" Ma'fy ~ O l .. ', ~~ ~/ ~ ~ ~: 1 ~'- _~~~ -- ~ ~ ~: I ~ ~ ~ ,. ,,~,y~ .t.~t~ Vim/ i~ _ ,~ 3t,~y3^b r~=z• =„ f a 3 ~b'i'S --.- z -----..~- ~w '~i / q'+~~ f ~ f j~p t ~', ~ l S ~~,~ t / ~~~ ~~ `.- ~~~ ~ ~~ ~ ~ / ~ u .-r ..~~ ~~, `t ~ `'.~. l3 ~ -~~ 7~Wb,~~ ~*'`~ Y ~ cJ ~- Q C ~?_. ti1, Q ~i~ ? -s L g- ~ rr~ ~ ~ ~~ ~ ~ ~ n. ~ ~~; W } ~~ ~ ~ U ~ ~~ ~+ ut U U" V ~ ~~ ~ ~ ul ~. ~ ~. Z ul ~~ i y w ~= ~ ~ ~~ ~~~ ~~ " V ~~ ll. C' r~ ~~~ .- ..i. .a r ~;~~ ~~~ C ~~` ~„~ W v ~ti v~~ ~~~ y< c~ ~ c ;s; ~ u tM ~` J r.. ~- ix ~' .' ~ V ;. :..a ~ ~'~ isi. ~' . Q .~- ~~~~ ~v~-~~c ~~ ~ ~ !il v a ;-~ ~, ~~, d~-, W _, ~iQ~~~~ulJ Ea; `3~'~~ui J~'~u_ilr `'S: LL ~~ ''"v1W4cu~-LUt h -- ~ ~, -~ y _. s c° i`L ~ z ~ ;~,:- J 1_~L...~"~"~u' ~i~~r~CF~~~~i= i. J ~~ "1 ~~ ~' ~- w ~, 1 0 ++. +~ '~ k7 ~ ~.. ~ l(~ Q ~" w q. «. Q A ~~ I N ,36 t t,31.~ 79452 E 11044089.59799 s9 o ~'a~. ~'~t9 f~6~.~ w co N tT ~r> ^P ~ C~ ~U ,,, ... b~ ~~ ~~ ~r ~ '` O 'b~ -.. Z ~ 'H~. FD ~ S ~~ ~~ ~ F- 7. ~ '-` jt ~~ O~ ~p O ~~ Z to ~~ ~G N ~~ •• O ~~ Z W ~~~,, V ~1 -_.._.. I 1 .~ --~ i c' -z ~~~<< ~~ ~ C°11 ~ ' A~ ~ ~~ ~~' ' 6' r ~~/ ~ ~~ ~ ~st~ ~~ i or eta ~1~ ~rl~e / J ,. ~~' 1 ~' .~~ e~t~jc D~ ,. Y y ~_ Road - ~..._._ ~~ 4 19 ROANOKE COUNTY DEPARTMENT 4F COMMUNITY DEVELOPMENT Grant Aven~.ce Development, Inc. Special Use Permit 77.1 ~-5-36 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: December 15, 1998 AGENDA ITEM: Ordinance amending the Roanoke County Procurement Code Sections 17-86, 17-88, 17-90, 17-91,17-91.1,17-92, and 17-93 C'niiNTY ADMINISTRATOR' S COMMENTS : ~'~-+ /1 BACKGROUND: The Purchasing Department recently undertook a re- engineering study conducted by participants from various County departments and internal staff. The team also recommended a review and update of the County Procurement Code. Attachment A highlights the recommendations from the re-engineering team. In reviewing these policies we found that the spending limits have not been changed since 1988. Since that time, our paperwork volume has increased tremendously, we have assumed responsibility for school purchases, and have a new purchasing software system that includes excellent controls, authorization procedures and reporting capabilities. SUMMARY OF INFORMATION: The table below shows the proposed limits the team is recommending. The proposed limit for Bids and RFPs is the same as the state limit. Type/Level of Current Limit Proposed Limit Purchase Sec. 17-90 $500 $1,000 Voucher System Sec. 17-91 $500 - $5,000 $1,000 - $8,000 Phone Quotes Sec. 17-91.1 $5,000 - $15,000 $8,000 - $30,000 Written Quotes Sec. 17-92* Over $15,000 Over $30,000 BID/RFP II Type/Level of I Current Limit I Proposed Limit II Purchase *Note: The State bid limit is currently $30,000. The Board of Supervisors sets limits below that and the mechanism for seeking competition at these levels. The team surveyed other localities on their spending limits. Attachment B shows the results of the survey. Spending authorizations and audits would continue to be performed on purchases made under the new spending limits just as they are performed now. The existing checks and balances will remain in effect, such as, seeking competition, documenting sources and responses, and having purchases authorized by the appropriate supervisor and/or department head. In addition to these checks and balances, purchases are audited annually by the County's outside auditor, and random audits of voucher system purchases from $0-$500 dollars are performed by the Purchasing Staff. FISCAL IMPACT: It is estimated that there will be a small savings of approximately $1,000 as a result of reducing the number of newspaper ads required. It is also anticipated that this change will provide more effective and efficient service delivery which should result in savings of time and/or money. #1. Increase the purchasing limits as follows and adopt the attached ordinance amending Chapter 17 of the Roanoke County Procurement Code. $0-$1,000 Sec. 17-90 Voucher System $1,000-$8,000 Sec. 17-91 Phone Quotes $8,000-$30,000 Sec. 17-91.1 Written Quotes Over $30,000 Sec. 17-92 BID/RFP #2. Increase the purchasing limits as follows and adopt the appropriate ordinance amending Chapter 17 of the Roanoke County Procurement Code at January's Board of Supervisor's meetings. $0-$1,000 Sec. 17-90 Voucher System $1,000-$5,000 Sec. 17-91 Phone Quotes $5,000-$30,000 Sec. 17-91.1 Written Quotes Over $30,000 Sec. 17-92 BID/RFP #3. Make no changes to the Roanoke County Procurement Code. STAFF RECOMMENDATION: Staff recommends Alternative #1, increasing the purchasing limits as suggested and adopting the attached ordinance amending the County Code to incorporate these changes to Chapter 17. ~~ Respectfully submitted, Elaine Carver Director of Procurement Approved ( ) Denied ( ) Received ( ) Referred ( ) To ( ) Approved by, Elmer C. Hodge County Administrator ACTION Motion by: VOTE No Yes Abs Harrison Johnson McNamara Minnix Nickens L7 ATTACHMENT B SPENDING LIMITS COMPARISON BY LOCALITY LOCALITY SPENDING LIMITS VOUCHER SYSTEM PHONE QUOTES WRITTEN QUOTES BID/RFP Albemarle County $0 - $500 $500 - $5,000 $5,000 - $30,000 $30,000+ Alexandria City $0 - $1,000 $1,000 - $5,000 $5,000 - $15,000 $15,000+ Chesterfield County $0 - $500 $500-$30,000*** $5,00-$30,000*** $30,000+ Loudoun County $0 - $1,000 $1,000 - $15,000 $1,000 - $15,000 $15,000+ Newport News $0 - $1,000 $1,000 - $30,000 $1,000 - $30,000 $30,000+ Roanoke City $0 - $500* $500-$30,000*** $500-$30,000*** $30,000+ Roanoke County $0 - $500 $500 - $5,000 $5,000 - $15,000 $15,000+ Salem City $0 - $500* $500 - $3,500 $3,500 - $15,000 $15,000+** *Roanoke City is considering requesting a change in the spending limits from $500 to $1,000. ** Salem is anticipating, in early 1999, requesting a change in their spending limits from $500 to $1,000 and from $15,000 to $30,000. *** Method used for making purchase is determined by the Purchasing Department. Depending on complexity of the commodity being purchased they may use either phone or written quotes. -~ ATTACHMENT B PURCHASING REENGINEERING RECOMMENDATIONS I. Improve communications both internal and external. A.) Place solicitation information on the INTERNET and/or RVTV. B.) Provide project status reports to departments. C.) Create a "Help Desk" for answering routine questions from departments and/or suppliers. D.) Place the Purchasing Procedures Manual on the I]VTRANET. E.) Place one staff member in each major building one day per week, i.e. Public Safety, Public Service and Schools. F.) Establish a Purchasing Support Group to assist Purchasing in getting information out to departments and provide feedback for continuous improvement. G.) Establish a method for obtaining feedback from our external customers. II. Reduce costs and improve efficiencies related to purchasing goods/services. A.) Utilize as many features of Performance Purchasing as possible, i.e., Information For Bid module, Blanket Purchase Orders, etc. so that information can be taken from the department, sent to potential vendors, and converted to a PO electronically whenever possible. B.) Establish FAX from the desk top so that information can be passed directly form the source to the recipient electronically whenever possible. C.) Discontinue printing Purchase Orders when all the information is available in Performance Purchasing. This would save forms and filing time. D.) Participate in cooperative purchasing initiatives whenever possible and/or practical. E.) Utilize volume buying when practical. F.) Place one staff member in each major building one day per week, i.e. Public G-~ Safety, Public Service and Schools. III. Improve handling and utilization of contracts. A.) Create a contract database which departments can access thereby providing each department information on all available contracts. B.) Buying staff should focus more on creating contracts for goods and/or services which could save the County money and/or resources. C.) Develop a process for more timely monitoring, evaluation, renewal or rebid of contracts. This would assist departments and Purchasing in establishing and maintaining contractual relations with suppliers who offer quality goods and/or services at reasonable prices. IV. Raise the spending limits defined in the County Procurement Code. This would reduce purchasing costs, improve customer service and allow the Purchasing Staff to increase the time spent on value added functions. V. Strive for continuous improvement in all areas of the purchasing function. A.) Establish and monitor meaningful and measurable objectives and performance measures. B.) Monitor industry and government purchasing "best practices" and implement them when applicable. C.) Participate in organizations and/or groups which foster positive change related to the purchasing function, i.e. VACO Electronic Commerce Study Group. D.) Establish a method for evaluating and utilizing feedback from both internal and external customers. ,, AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, DECEMBER 15,1998 ORDINANCE AMENDING THE SMALL PURCHASE PROCEDURES IN THE ROANOKE COUNTY PROCUREMENT CODE, SECTIONS 17-86,17- 88,17-90,17-91,17-91.1,17-92, AND 17-93 G ~- ~ WHEREAS, the Roanoke County Procurement Code was amended in 1992 to increase the small purchase limit to $15,000; and WHEREAS, the Roanoke County Procurement Code was last amended in 1988 to establish certain small purchase procedures within the small purchase limit; and WHEREAS, the 1996 session of the Virginia General Assembly increased the small purchase limit to $30,000; and WHEREAS, increasing the small purchase limit and modifying the small purchase procedures to incorporate these changes will expedite the acquisition of goods and services, more accurately reflect current costs, take advantage of the capabilities of recently- installed purchasing software, and improve service to the citizens; and WHEREAS, the first reading of this ordinance was held on December 15,1998; and the second reading was held on January 12,1999. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, that Chapter 17. Procurement Code be amended to read and provide as follows: Sec.17-86. Definition. For the purpose of this division, small purchases shall be defined as purchases of goods, services, equipment, insurance, construction or other items needed in the day-to- day operations of the county, the monetary value of which does not exceed fifte~rt U:\ WPDOCS\ AGENDA\CODE\PROCURE.ORD 1 G-~ $30,000. ~~} (Ord. No. 3350, § 2-57,12-14-82; Ord. No. 85-33, § 1, 3-12-85; Ord. No. 22586-54, § 1, 2-25-86; Ord. No. 92292-8.j, § 1, 9-22-92) **** Sec.17-88. Compliance with procedures; contracts not to be artificially divided so as to constitute small purchase. Any contract not exceeding $30,000 may be made in accordance with small purchase procedures; provided, however, that contract requirements shall not be artificially divided so as to constitute a small purchase under this division; and provided further that all procurements exceeding $30,000 shall require specific award by the governing body as made and provided by law. (Ord. No. 3350, § 2-15,12-14-82; Ord. No. 85-33, § 1, 3-12-85) **** Sec.17-90. Purchases not exceeding_$1,000.00. (a) This section shall apply to purchases -` ,___ LL__ t.___ L___a~..a a~,teya ~$599~9} not exceeding $1,000.00. (b) A using department or agency may make purchases not exceeding $1,000.00. The purchasing agent i°ras may delegate to the using department or agenc~r the authority to make purchases from vendors of choice so long as the purchase price does not exceed $1,000.00. Contract requirements shall not be artificially divided so as to come within the provisions of this section. (Ord. No. 3350, § 2-59,12-14-82; Ord. No.101188-5, § 1,10-11-88) Sec.17-91. Purchases of $1,000.00'and U:\ WPDOCS\AGENDA\CODE\PROCURE.ORD 2 G-~ not exceeding $8,000.00. (a} The using department or agency may make purchases of ~1,000.OD and not exceeding `$8,000.00 in value. The Purchasing Agent may delegate to the using department or agency the authority to make purchases from vendors for purchases of $1,000.00 and not exceeding $8,000.00 in value by following the procedures in this section. The Purchasing Agent may administratively make purchases not to exceed $10,000.00 by following the procedures in this section. (b) , At least three (3) telephone quotations shall be obtained, whenever possible, for the purchase. A telephone quotation form shall be completed listing: Date, Item, Description, Quantity, Name of Company, Individual Giving Quote, Pricing, Term, and Delivery Schedule. The total of all items purchased from this requisition shall --_L __.___a r.___ not exceed $8,000.00`. (Ord. No. 3350, § 2-59,12-14-82; Ord. No. 85-33, § 1, 3-12-85; Ord. No. 22586-54, § 1, 2-25-86; Ord. No.101188-5, § 1,10-11-88) Sec. 17-91.1. Purchases of $8,000.00 and not exceeding $30,000.00. (a) (a) T11e Purchasing Agent may administratively make purchases not to exceed $30,000.00 by following the procedures set out in this section. (b) Purchases shall be accomplished through the use of at least three (3) letter quotations, whenever possible. A letter quotation is a written request sent to at least three (3) vendors with a specified reply date and time. This is the most desirable method of acquiring necessary items and should be used when proper planning allows sufficient time. (c) The use of letter quotations requires adequate time for preparation, mailing, receipt and award, generally two (2) or three (3) weeks from receipt of the requisition. All U:\ WPDOCS\AGENDA\CODE\PROCURE.ORD 3 ~~ quotations received after the reply date and time are nonresponsive and cannot be considered. (d) Request for letter quotations are issued by the purchasing agent. To initiate the letter quotations, the user department should submit a completed requisition to the purchasing agent, including a list of possible vendors, if available. (Ord. No.101188-5, § 1,10-11-88) Sec.17-93. Procedure other than those specified in sections 17-90,17-91,17-91.1, and 17-92. When, in the judgment of the purchasing agent, it is in the best interest of the county to use purchasing procedures other than those specified in sections 17-90,17-91,17-91.1, and 17-92, he may prescribe, after consultation with the county administrator, suitable purchasing procedures. The rationale for such decision shall be documented and put on file in the purchasing agent's office. (Ord. No. 3350, § 2-61,12-14-82) The effective date of this ordinance shall be January 12,1999. U:\ WPDOCS\AGENDA\CODE\PROCURE.ORD 4 .• ACTION # ITEM NUMBER ~ `~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: December 15, 1998 AGENDA ITEM: First Reading of Ordinance Authorizing the Lease of an Existing Dwelling and 10.40 Acres Located at the Spring Hollow Reservoir COUNTY ADMINI TRATOR'S COMMENTS BACKGROUND: A dwelling located on the property owned by the Roanoke County Board of Supervisors at Spring Hollow Reservoir has been vacated by the previous tenants as of November 1. Past practice has been to lease the property in order to help maintain the house and 10.40 acres surrounding it. SU1VIl~fARY OF INFORMATION A legal ad was placed in The Roanoke Times and World News giving public notice of the availability of the house for lease. A suitable application was received. The applicant has agreed to the same terms as the previous lessors and to increase rent to $500.00 per month. ALTERNATIVES Alternative 1: Approve the proposed lease and grant authority to County Administrator to execute lease. Alternative 2: Deny the proposed lease. Alternative 3: Direct alternative uses for the property. FISCAL IlVIPACT: Rental payments will be paid to the Water Fund of the Utility Department. No impact of the General Fund is anticipated. STAFF RECOMMENDATION: Staff recommends that Alternative 1 be approved and that the Board of Supervisors adopt the ordinance following the second reading on January 12, 1999 authorizing the lease of an existing dwelling and 10.40 acres located at the Spring Hollow Reservoir. SU MITTED BY: APPROVED: Gary Robert on, P.E. Elmer C. Hodge Utility Direct County Administrator ACTION Approved ()Motion by: Denied ( 1 Received ( ) Referred to VOTE No Yes Abstain Harrison _ _ Johnson _ _ McNamara _ _ Minnix _ _ Nickens r "" AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, DECEMBER 15,1998 ORDINANCE AUTHORIZING THE LEASE OF AN EXISTING DWELLING AND 10.40 ACRES OF REAL ESTATE AT THE SPRING HOLLOW RESERVOIR 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 of concerning the disposition of the hereinabove-described real estate was held on December 15,1998. The second reading on this matter was held on January 12,1999; and 2. That this property consists of approximately 10.40 acres of real estate with improvements identified as Roanoke County Tax Parcel No. 73.00-1-6; and 3. That it is in the County's best interest 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 Spring Hollow Reservoir Project. 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\AGENDA\REALEST\SPRING.HOL ~-± - ~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, DECEMBER 15, 1998 ORDINANCE 121598-4 AUTHORIZING APPROVAL OF A SETTLEMENT AGREEMENT WITH NYNA S. MURRAY AND ACQUISITION OF A 20' DRAINAGE EASEMENT, WITH ACCESS AND TEMPORARY CONSTRUCTION EASEMENTS, ACROSS PROPERTY OWNED BY NYNA S. MURRAY ON SHADWELL DRIVE IN THE HOLLINS MAGISTERIAL DISTRICT IN CONNECTION WITH A PROJECT TO PROVIDE FOR ADEQUATE DRAINAGE FROM BELLE GROVE SUBDIVISION WHEREAS, a permanent twenty-foot (20') drainage easement, together with a permanent access easement for maintenance and a temporary construction easement, across a parcel of land owned by Nyna S. Murray and located on Shadwell Drive in the Hollins Magisterial District of the County of Roanoke, Virginia, is required to provide for the transmission of drainage through a conduit system from the stormwater management facility in Belle Grove Subdivision to the existing drainage easement along Route 605 (Shadwell Drive) and to provide for repair of an existing sink hole on the property; and, WHEREAS, staff has negotiated with the property owner and has reached a settlement agreement in lieu of the eminent domain proceedings previously authorized by this Board on June 23, 1998, including the purchase of the required easement for the sum of $7,000.00, said agreement having been executed by Nyna S. Murray pending approval by this Board; and, WHEREAS, Section 18.04 of the Roanoke County Charter directs that the acquisition of real estate be accomplished by ordinance; the first reading of this ordinance was held on December 1, 1998; and the second reading was held on December 15, 1998. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, as follows: 1. That the settlement agreement dated November 10, 1998, with Nyna S. Murray providing for the repair of the existing sink hole on her property and the construction of an underground conduit system for the transmission of drainage within a 20' drainage easement from the stormwater management facility in Belle Grove Subdivision to the existing drainage easement along Route 605 (Shadwell Drive) is hereby authorized and approved. 2. That the acquisition and acceptance of the following permanent drainage easement for the sum of $7,000.00 is hereby authorized and approved: A perpetual DRAINAGE EASEMENT, approximately twenty feet (20') in width and consisting of .20 acre, to construct, install, improve, operate, inspect, use, maintain, remove, monitor, repair or replace a present or future single underground drainage course, line, pipe, conduit, and/or other necessary or related structures, appurtenances and improvements, for management, collection, transmission and distribution of any form of drainage, including but not limited to stormwater drainage, together with a permanent easement for ingress and egress to and from the public road, upon, over, under, and across the parcel of land belonging to the Grantor and designated on the Roanoke County Land Records as Tax Map No.28.09-2-4. The location of said perpetual drainage easement and ingress and egress easement is shown stippled and designated as "DRAINAGE EASEMENT" upon the plat entitled `Plat Showing Temporary Construction Easement and Drainage Easement Being Granted to Roanoke County By Nyna S. Murray', dated October 26, 1998, prepared by Lumsden Associates, P.C., attached hereto as Exhibit A and by reference incorporated herein; and, Together with a temporary construction easement, which shall be operative and in effect only during any period or phase of construction of the drainage system and appurtenant facilities, shown cross-hatched and designated as "TEMPORARY CONSTRUCTION EASEMENT" on the above-described plat attached hereto as Exhibit A. 3. That the consideration of $7,000.00 for the easement acquisition, and the additional sums required for the construction of the project and associated costs, shall be 2 paid from the $45,000.00 previously appropriated by action of this Board on June 23, 1998, to the Belle Grove/Murray account in the Capital Fund, with such consideration and costs to be off-set by any sums which may be received or obtained from Belle Grove Development Corporation; and, 4. That the County Administrator or an Assistant County Administrator is hereby authorized to execute such documents and take such actions as may be necessary to finalize this agreement and acquisition, all of which shall be on form approved by the County Attorney. 5. That this ordinance shall be effective on and from the date of its adoption. On motion of Supervisor Johnson to approve the settlement and adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Johnson NAYS: Supervisor Nickens A COPY TESTE: Brenda J. Holton, MC Deputy Clerk to the Board of Supervisors cc: File Vickie L. Huffman, Assistant County Attorney Arnold Covey, Director, Community Development Diane D. Hyatt, Director, Finance 3 m U~ ~ ~c, ~ ~ a~4'G o ~ ~ ~'' ~ v a m °' Z tpv gyp,, ~Y ~., p ~ ~ ~ Z Za W DA~~~ O \ w N W C9 E"1~-y ~~~ Q'io5 p FW-a2 Q _ W ~~~ ~ w ~' ~ ~~QUFw-i ~+~0 ~a ~ via x v o ~Wa~3 ~~OlyyYO~ ti a~iV1~ ~}~O ~~o =v~p cn p W ~ m oe W SOW Z ~ ~o° _° ~~ ~~` ~~ ~ U ~ ~ z= ~ ~ Z ~~ J J w (M~~ ,os) at/HS Q 3/~laa 7~3M -----_ Og a e}nOa ~ . E '- ~ i I --- __-- n n S 8230 41 ~~ ~~ ~j / ~J Q eV~ ~.. ~ ~ ~- ~h ~~Q ~~m W~ m~ ~e~ ~~~ ~~~ ~~~ ~~~ ~~~ Q~ ~ o ~~~ ~ ~_ ~~~h~ 8~za~~~ ~~~~;~~ ~~QWh4`~ a~~~~o~ ~~~~~~~~ 2., lV ~" o~ ~ ~ N~~~ 0~3~ ~~~~ Q4=4 -'~-x.«69 S ~ m h ~ \ I ~ o~~~ 4i~Q^ .0 ~~ ~~~^ ~ ~ Q ~~ ~O ~ e ~ ~ occc ~ ~oNra x~we ~ '~ (~~, C~~l~ N ~. I ~~~` o~~ $ '' ~~ ~W~ ~A ~~~ r ~:: ;..; o ~.. r N ;~ ~ d, ~. H~e~ ~ ~ o~~~ ~~ Q 2 ~ ~ ` Q ~ ~~ I ~~ O~ ~~ ~~ c~ Q O ~ n ~ N ~ w _ N ~ ~~ ~~ N `\ ~ ~ ~_ cN ~ N ~ va o ~ 1 ~ \ j}I c Q 2 2 ~ i ` ~ ~ ~" ~ vS ~ Z O ~ ~ ~ ~ hs ~ \ las O b ~ m 4 ~ ~ \ y~Om Wes. N6Q~ry~ \ ~2~~ ~a` ` cp °o~~~~~ ~ Z~1 ~~ ~Q~ ~I-i f ACTION NO. ITEM NO. "1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: December 15, 1998 AGENDA ITEM: Ordinance Authorizing Approval Of A Settlement Agreement With Nyna S. Murray And Acquisition Of A 20' Drainage Easement, With Access And Temporary Construction Easements, Across Property Owned By Nyna S. Murray On Shadwell Drive In The Hollins Magisterial District In Connection With A Project To Provide For Adequate Drainage From Belle Grove Subdivision COUNTY ADMINISTRATOR'S COMMENTS: EXECUTIVE SUMMARY: This is the second reading of an ordinance to authorize approval of a settlement agreement with Nyna S. Murray in lieu of eminent domain proceedings and to authorize purchase of a 20' drainage easement, together with a permanent access easement and a temporary construction easement, across the Murray property for the sum of $7,000.00. The settlement and acquisition are in connection with a project to correct existing conditions on the Murray property by repairing a sink hole and by construction of a conduit system for the transmission of drainage from the stormwater detention facility in the adjoining Belle Grove Subdivision to the existing drainage easement along Shadwell Drive. BACKGROUND: Nyna S. Murray is the owner of property, designated on the Roanoke County Land Records as Tax Map #28.09-2-4, located on Shadwell Drive and adjoining Belle Grove Subdivision along the rear property line. As a result of the conditions on Ms. Murray's property, and pursuant to previous authorizations by the Board, the County contracted with Michael S. Webb, P.E., of Lumsden Associates, P.C., to study the conditions, feasibility, geotechnical evaluation, costs, and impact in connection with the proposed drainage outfall project. The engineer has recommended installation of a conduit system from the outfall of the stormwater detention pond in Belle Grove Subdivision, along the property line of Michael and Joy Ann Murray, to the existing drainage easement along M~i Shadwell Drive. County engineering staff approved and concurred in the recommendation. The location was in accordance with the preference of the Murrays as previously expressed. On June 23, 1998, this Board adopted Resolution #062398-8 to authorize commencement of eminent domain proceedings when the bona fide offer of $2,873.00, based upon an independent M.A.I. appraisal of the fair market value of the easement, had not been accepted. SUNIMARY OF INFORMATION: Staff has continued to negotiate with Ms. Murray for a favorable settlement. Additional survey work was conducted to relocate a portion of the proposed drainage easement to further accommodate Ms. Murray's concerns. A copy of the current survey is attached hereto as Exhibit A. Ms. Murray has now executed a settlement agreement with the County and a deed of easement, pending Board approval, to convey the required drainage easement, with access and temporary construction easements, for the consideration of $7,000.00. The agreement provides that the County will make repairs to the existing sink hole substantially in accordance with the recommendations provided by Froehling & Robertson, Inc., in its Report of Subsurface Exploration and Geotechnical Evaluation dated December 15, 1997. The agreement further provides that any disturbed areas of ground will be graded, seeded and strawed, and any trees that must be removed will be transplanted or replaced. The County does not assume or admit liability or responsibility for any present or future conditions on the Murray property. Ms. Murray releases the County from any obligations, claims or demands on account of the sink hole and the existing damage to the land surface, taking of the land, or damage to residue, but does not release any party from any other possible claims. Following the Board's previous action to authorize the condemnation and immediate right-of- entry upon the property, Ms. Murray filed a petition with the Circuit Court of Roanoke County, pursuant to Virginia Code § 15.2-1905, for a determination of the necessity of immediate right-of- entry. The proposed settlement agreement would render the petition moot and the parties have agreed to dismissal of the pending action. Furthermore, the settlement would permit construction on the project to proceed as soon as feasible and avoid further delays due to litigation. FISCAL IlViPACTS: The consideration of $7,000.00 for the easement acquisition, and the additional sums required for the construction of the project and associated costs, shall be paid from the $45,000.00 previously appropriated by action of this Board on June 23, 1998, to the Belle Grove/Murray account in the Capital Fund, with such consideration and costs to be off-set by any sums which may be received or obtained from Belle Grove Development Corporation. 2 N~I ALTERNATIVES: 1. Adopt the proposed ordinance authorizing approval of the settlement agreement with Nyna S. Murray and acquisition of a 20' drainage easement, with access and temporary construction easements, across property owned by Nyna S. Murray. 2. Decline to adopt the proposed ordinance and direct staff to continue with the eminent domain proceedings authorized by this Board on June 23, 1998. STAFF RECOMMENDATION: Staff recommends Alternative #1 above. RESPECTFULLY SUBMITTED: Vi 'e . Huffma Assistant County Attorney Approved ( ) Denied ( ) Received ( ) Referred to Motion by: ACTION VOTE No Yes Abs Harrison _ _ Johnson _ McNamara _ _ Minnix _ _ _ Nickens 3 N ~ ~' UN Za W p~~~J o ~ w c~ ~ c~~j[-a',~i (!1~-'~ X05 0 <n.~ a C7 ~~ ~ w d > Z<NNGU Q'ipp!+!O 'ate troy ~~ ~6' J F" ~ Z~ o ~ OW~~QwZU '~~Z ~ Do> v? ~' ~ U] ~ v o ~ ~ ~~ 6. C > V Z ~ w w~w~^m No a ~~Z ~ oW~a3 ~'~'O ti a~C~~ U` z0 ~Y z ~'< mYO~ wZiw dim zzZ m OwO~C F''O ~' p ~o°~ :" ~ f. J J w ~~r ~~ °~ ~ ~ ~ z= ~ ~ Z CM~~ ,os) a1rHS Q '1'13M _----_ ~ a;~oa 3/11aa . -- ~ ~ 9 ~ ~ -- ~ ~ 30'41' E _ , - _ O Qt 49=T ~~ a W / ~j / ~J Q eC~y V Z~~ ~ ~ 1:~0 ~~~ ~~~ W~~ ~QQ Q ~~~ ~~W ~~~ ~~~ ROD £~~ ~Q~ ~~~ ~3i ~~=a~~~ 3~~~;~e ti~eW~4e~ C ~ ~ ~ ~ o ~~~~~~~~ _~ N O~ ~ ~' ~~~~ o~~~ ~~Q h ~ = Q -~-a2tzs9 s o~~ ~~a ~W~ ~~w m~ ~~ ~h I~~~ o~~~ 4i~~~ ~~~~ ~~~~ ~O OS6C 1 ~urrva Ewa r ` 1 N ~ ~ ~t~ ~ N6~~ ~ ~ ~ ~ V ~~e Ol Z `::~ ~ o ~ ~ ~ Q --____--- I '. ~ I w~ q^ ~ O~ O N N ~ ~~ ~\^ ~ ~ ~ ~ ~ 4i ~ ~ N N `,~ O ~ ccpp Q _ ~ i v5 ~ Z ~~ \ l u ~~W¢S ~e` OhC `1 ~^ ~ v 0 N~~~ ~ ~ ~ ~~~~ ~~~ ~ ~~ H-~ ~{. i AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, DECEMBER 15, 1998 ORDINANCE AUTHORIZING APPROVAL OF A SETTLEMENT AGREEMENT WITH NYNA S. HURRAY AND ACQUISITION OF A 20' DRAINAGE EASEMENT, WITH ACCESS AND TEMPORARY CONSTRUCTION EASEMENTS, ACROSS PROPERTY OWNED BY NYNA S. HURRAY ON SHADWELL DRIVE IN THE HOLLINS MAGISTERIAL DISTRICT IN CONNECTION WITH A PROJECT TO PROVIDE FOR ADEQUATE DRAINAGE FROM BELLE GROVE SUBDIVISION WHEREAS, a permanent twenty-foot (20') drainage easement, together with a permanent access easement for maintenance and a temporary construction easement, across a parcel of land owned by Nyna S. Murray and located on Shadwell Drive in the Hollins Magisterial District of the County of Roanoke, Virginia, is required to provide for the transmission of drainage through a conduit system from the stormwater management facility in Belle Grove Subdivision to the existing drainage easement along Route 605 (Shadwell Drive) and to provide for repair of an existing sink hole on the property; and, WHEREAS, staff has negotiated with the property owner and has reached a settlement agreement in lieu of the eminent domain proceedings previously authorized by this Board on June 23, 1998, including the purchase of the required easement for the sum of $7,000.00, said agreement having been executed by Nyna S. Murray pending approval by this Board; and, WHEREAS, Section 18.04 of the Roanoke County Charter directs that the acquisition of real estate be accomplished by ordinance; the first reading of this ordinance was held on December 1, 1998; and the second reading was held on December 15, 1998. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, as follows: H-I That the settlement agreement dated November 10, 1998, with Nyna S. Murray providing for the repair of the existing sink hole on her property and the construction of an underground conduit system for the transmission of drainage within a 20' drainage easement from the stormwater management facility in Belle Grove Subdivision to the existing drainage easement along Route 605 (Shadwell Drive) is hereby authorized and approved. 2. That the acquisition and acceptance of the following permanent drainage easement for the sum of $7,000.00 is hereby authorized and approved: A perpetual DRAINAGE EASEMENT, approximately twenty feet (20') in width and consisting of .20 acre, to construct, install, improve, operate, inspect, use, maintain, remove, monitor, repair or replace a present or future single underground drainage course, line, pipe, conduit, and/or other necessary or related structures, appurtenances and improvements, for management, collection, transmission and distribution of any form of drainage, including but not limited to stormwater drainage, together with a permanent easement for ingress and egress to and from the public road, upon, over, under, and across the parcel of land belonging to the Grantor and designated on the Roanoke County Land Records as Tax Map No.28.09-2-4. The location of said perpetual drainage easement and ingress and egress easement is shown stippled and designated as "DRAINAGE EASEMENT" upon the plat entitled `Plat Showing Temporary Construction Easement and Drainage Easement Being Granted to Roanoke County By Nyna S. Murray', dated October 26, 1998, prepared by Lumsden Associates, P.C., attached hereto as Exhibit A and by reference incorporated herein; and, Together with a temporary construction easement, which shall be operative and in effect only during any period or phase of construction of the drainage system and appurtenant facilities, shown cross-hatched and designated as "TEMPORARY CONSTRUCTION EASEMENT" on the above-described plat attached hereto as Exhibit A. 3. That the consideration of $7,000.00 for the easement acquisition, and the additional sums required for the construction of the project and associated costs, shall be paid from the $45,000.00 previously appropriated by action of this Board on June 23, 1998, to the Belle Grove/Murray account in the Capital Fund, with such consideration and costs to be off-set by any sums which may be received or obtained from Belle Grove Development Corporation; and, 2 ~p~ 4. That the County Administrator or an Assistant County Administrator is hereby authorized to execute such documents and take such actions as maybe necessary to finalize this agreement and acquisition, all of which shall be on form approved by the County Attorney. 5. That this ordinance shall be effective on and from the date of its adoption. G:\ATTORNEY\VLH\ENG\IvfURRAY\SETTLMNT.ORD 3 .~ ACTION NUMBER ITEM NUMBER ~~' AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: December 15, 1998 SUBJECT: Appointments to Committees, Commissions and Boards COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: 1. BLUE RIDGE COMMUNITY SERVICES The three year term the Reverend William L. Lee, Member at Large, will expire 12/31 /98. The Member at Large appointment must be confirmed by the County, and Cities of Salem and Roanoke. The Board of Directors has recommended that Rev. Lee be reappointed. Please see the attached letter. All five governing bodies much concur with the recommendation in order to confirm the appointment. The Board of Supervisors concurrence is on the Consent Agenda. 2. 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 expired October 24, 1998. They are eligible for reappointment. Mr. Degen and Mr. Williams have been contacted and they indicated that they were willing to serve another term. 3. LIBRARY BOARD The four year term of Nancy Greene, Cave Spring District, will expire 12/31/98. Supervisor Minnix has contacted Ms. Greene and she is willing to serve another term. Her confirmation is listed on the Consent Agenda. f .~ I~-y 4. TASK FORCE FOR SENIOR AND PHYSICALLY CHALLENGED CITIZENS Assistant County Administrator John Chambliss has received resignations from Betty Dangerfield 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. Additionally, Wilton B. "Webb" Johnson recently passed away. While Mr. Johnson lived in the Cave Spring Magisterial District, he was appointed by Supervisor Bob Johnson. SUBMITTED BY: APPROVED BY: Mary H. Allen, CMC/AAE Elmer C. Hodge Clerk to the Board County Administrator ACTION VOTE No. Yes Abs Approved () Motion by: Harrison _ Denied () Johnson _ Received () McNamara- _ Referred () Minnix To () Nickens cc: File 2 Blue Ridge Community Services U~ Susan J. Gloater cnar~an Rita N. Foster Vice cnai~man Rodney P. Furr Treasurer Pamela K. Cox secretary Execuwe Director Fred P. Roessel, Jr., Ph.D. December 4, 1998 ~ ~... / The Honorable Bob L. Johnson Chairman, Board of Supervisors Roanoke County PO Box 29800 Roanoke, VA 24018 Dear Mr. Johnson: According to our records, Rev. William L. Lee's current term of appointment to the Blue Ridge Community Services Board of Directors as an at-large member will expire December 31, 1998. The by-laws of the Board require that at-large members be recommended by the Board to the five participating localities. All five local governments must concur with the recommendation in order to confirm an appointment. Our records indicate that Rev. Lee is eligible for consideration for another appointment to our Board in accordance with the Statutes of Virginia. At the December 3, 1998, Board of Directors meeting, a resolution was passed to recommend the reappointment of Rev. Lee for a three year term as an at-large member. Thank you in advance for your attention to this matter. Sincerely, Fred P. Roessel, Jr., Ph.D. Executive Director FPRj r/ ksy c: Elmer C. Hodge John M. Chamblss, Jr. Mary H. Allen~,;'~ William L. Lee Susan J. Gloater Executive Offices - 301 Elm Avenue, SW Roanoke, Virginia 24016-4001 (540) 345-9841 Fax: (540) 342-3855 TDD: (540) 345-0690 Serving the Cities of Roanoke and Salem, antl the Counties of Botetourt, Craig and Roanoke .- .~ ~ I-~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, DECEMBER 15, 1998 RESOLUTION 121598-5 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM I -CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the certain section of the agenda of the Board of Supervisors for December 15, 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 5, inclusive, as follows: 1. Approval of minutes for November 17, 1998, and December 1, 1998. 2. Confirmation of committee appointments to Building Code Board of Adjustments and Appeals, Blue Ridge Community Services Board of Directors, Grievance Panel, Library Board, New Century Venture Center Board of Directors and Planning Commission. 3. Acceptance of sanitary sewer facilities serving Hollins West Communications Research Institute. 4. Acceptance and appropriation of donated funds from Friends of the Library to the Library. 5. Acceptance of donation of a sanitary sewer easement from the Roanoke County School Board in connection with the Tanglewood Drive Sewer Relief Project. Item moved to New Business and motion to approve defeated 1 ,,. 2. That the Clerk to the Board is hereby authorized and directed where required by law to set forth upon any of said items the separate vote tabulation for any such item pursuant to this resolution. On motion of Supervisor Johnson to adopt the Consent Resolution with the removal of Item 6, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None A COPY TESTE: ~?~ov~~ Brenda J. Hol on, CMC Deputy Clerk to the Board of Supervisors cc: File Gary Robertson, Director, Utility Arnold Covey, Director, Community Development Spencer Watts, Director, Library Diane D. Hyatt, Director, Finance Joseph Sgroi, Director, Human Resources Bill Rand, Director, General Services 2 ~' W AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, DECEMBER 15, 1998 RESOLUTION APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM I -CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. that the certain section of the agenda of the Board of Supervisors for December 1, 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 6, inclusive, as follows: 1. Approval of minutes for November 17, 1998, and December 1, 1998. 2. Confirmation of committee appointments to Building Code Board of Adjustments and Appeals, Grievance Panel, Library Board, New Century Venture Center Board of Directors and Planning Commission. 3. Acceptance of sanitary sewer facilities serving Hollins West Communications Research Institute. 4. Acceptance and appropriation of donated funds from Friends of the Library to the Library. 5. Acceptance of donation of a sanitary sewer easement from the Roanoke County School Board in connection with the Tanglewood Drive Sewer Relief Project. 6. Request to establish full time position to administer Utility CIP projects and citizen initiated petition projects. 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. ~.J '."` November 17 1998 745 Roanoke County Administration Center 5204 Bernard Drive Roanoke, Virginia 24018 November 17, 1998 The Board of Supervisors of Roanoke County, Virginia, met this day at the Roanoke County Administration Center, this being the third Tuesday, and the only regularly scheduled meeting of the month of November, 1998. N RE: CALL TO ORDER Chairman Johnson called the meeting to order at 3:04 p.m. The roll call was taken. MEMBERS PRESENT: Chairman Bob L. Johnson, Supervisors Fenton F. "Spike" Harrison, Joseph McNamara, H. Odell "Fuzzy" Minnix MEMBERS ABSENT: Vice Chairman Harry C. Nickens STAFF PRESENT: Elmer C. Hodge, County Administrator; Paul M. Mahoney, County Attorney; Mary H. Allen, Clerk; John M. Chambliss, Assistant County Administrator; Don C. Myers, Assistant County Administrator; Anne Marie Green, Director, Community Relations IN RE: OPENING CEREMONIES The invocation was given by the Reverend Samuel Crews, Coopers Cove Baptist Church. The Pledge of Allegiance was recited by all present. IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND AWARDS November 17, 1998 747 Recycles Day. Chairman Johnson presented the proclamation to Ann Masters, Executive Director, Clean Valley Council; Nancy Duval, President, Clean Valley Council; Drew Glenn and Chief Richard Burch, Roanoke County Clean Valley Council members; and Chief Grigsby, Roanoke City Clean Valley Council member. Ms. Masters presented recycled pencils to the Board members. Supervisor McNamara moved to adopt the proclamation. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Harrison, Minnix, Johnson NAYS: None ABSENT: Supervisor Nickens IN RE: BRIEFINGS 1. Briefing on Closeout of Dixie Caverns Landfill (George Simuson. Assistant Director of Community Development Mr. Simpson presented a brief history of the project from the opening of the landfill in 1965. In 1971, the County submitted an application to the Health Department Bureau of Solid Waste for a permit to operate as a solid waste facility, but the permit was denied. An investigation noted deficiencies and recommended that the site not be permitted until action was taken. The County attempted to correct the deficiencies and continued to pursue a permit until 1976. They closed the site in 1976 in accordance with regulations in place at that time. In 1992, the Board signed a Consent Order and Consent November 17 1998 749 A-111798-1 Chief Burch advised that the County, Vinton and the Cities of Salem and Roanoke have developed a proposal to build a Regional Fire/EMS Training Center The training center will contain approximately 15,400 square feet and cost $1.9 million. It will be located on the County's six acre fire training center on Kessler Mill Road. Operating costs will be shared from the area departments' existing operating budgets. The County's share of the $1.9 million is $837,847, 44% of the total. Staff recommends that the County lend our share from the insurance reserve fund and repay the loan with or without interest at the rate of $60,000 per year with revenue from the Fire Program Fund. Chief Burch introduced Chief Hall from the City of Salem and Chief Grigsby from the City of Roanoke and announced that both localities had approved the agreement. Supervisor McNamara expressed the concern that if the other localities decide to drop out of the project, Roanoke County would be left paying the full share. He also recommended that a fire and rescue volunteer serve on the committee, and questioned whether there is a need for the training center when the only benefit to the County is additional classroom space. Mr. Hodge responded that they would look at agreement and bring it back to the Board if the County's exposure is too great. Supervisor Minnix moved to approve participation and funding. The motion carried by the following recorded vote: AYES: Supervisors Harrison, Minnix, Johnson NAYS: Supervisor McNamara best possible emergency services be available to them; and WHEREAS, the Commonwealth of Virginia Emergency Services and Disaster Law of 1973, Chapter 3.2 of Title 44 of the Code of Virginia, 1950, as amended, requires that each city and county in the Commonwealth maintain an Emergency Operations Plan (EOP) which addresses its planned response to emergency situations; and WHEREAS, such an EOP has been developed by County staff in coordination with the Virginia Department of Emergency Services incorporating input from responsible local agencies; and WHEREAS, this EOP replaces the plan adopted by Roanoke County on June 8, 1993. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of the County of Roanoke, Virginia that, on the 17th day of November, 1998, it does hereby officially adopt the revised and current Roanoke County Emergency Operations Plan, to include plans and procedures for both peacetime and war-caused disasters. On motion of Supervisor Johnson to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Johnson NAYS: None ABSENT: Supervisor Nickens 3. Request for funding to proceed with demolition of abandoned structure at 6993 Franklin Road (220 South) located in the Cave Spring Magisterial District. Arnold Covey, Community Development Director) A-111798-3 Mr. Covey advised that this request was to appropriate funds to allow the County to demolish an abandoned and unsafe structure. The structure has remained abandoned and unsecured for several years. Notices have been served on the owners to repair or demolish the building. The building was inspected and found to be vacant and open to the public. It was also found to be structurally unsound, and was declared unsafe by the Building Commissioner. A notice was sent to John A. Franks, administer of the 7 Mr. McGraw advised that the Clerk's Office has been awarded a Virginia Circuit Court Records Preservation Program grant in the amount of $13,940 for the purpose of purchasing a microfilm and reader. There is no requirement for matching funds. Supervisor Harrison moved to approve the acceptance of the grant. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Harrison, Minnix, Johnson NAYS: None ABSENT: Supervisor Nickens IN RE:. REQUEST FOR PUBLIC HEARING AND FIRST READING OF REZONING ORDINANCE -CONSENT AGENDA 1. Ordinance to rezone 11.93 acres from AG-3 to AR and obtain a Saecial Use Permit to allow a 9-hole golf course, located on the 2600 block of Rutrouah Road, Vinton Magisterial District, upon the petition of Randall Wayne Brown Supervisor Johnson moved to approve the first reading and set the second reading and public hearing for December 15, 1998. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Johnson NAYS: None ABSENT: Supervisor Nickens Mr. Watts, explained that the parcel of land is immediately adjacent to the site of the Headquarters Library and would provide the County with greater flexibility for future building improvements or correction of parking and traffic circulation problems. A purchase price of $88,000 has been negotiated and settlement costs of approximately $3,550 are required. Supervisor Johnson advised that he would support the purchase provided the 419 Library remains the Headquarters Library. Supervisor McNamara moved to approve the first reading and set the second reading for December 1, 1998. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Johnson NAYS: None ABSENT: Supervisor Nickens 3. Qrdinance authorizing the acquisition of a permanent drainage easement from David D. and Carol B Graybeal for the Wakefield Avenue Road and Drainage Improvement Project in the Cave Sorina Magisterial District (Arnold Covey Community Development Director) Mr. Covey reported that the Wakefield Avenue project was initiated in response to citizen concerns due to the lack of a turnaround at its terminus. At the time staff was contacted, an emergency response vehicle had been unable to turn around November 17, 1998 757 and located between Lot 47, Block 3, Section 13 and Lot 56, Block 1 Section 13 of Westchester of Canterbury Park. located in the Cave Spring Magisterial District. (Arnold Covey, Community Development Director) Mr. Covey reported that in March 1993, Roanoke County obtained from Palm Hermitage Corp., a 25-foot water and sewer easement for the development of the County's south loop water transmission line. In March 1997, Boone, Boone and Loeb, Inc. subsequently subdivided the property by plat showing Section 13, Westchester of Canterbury Park. The 25-foot water and sanitary sewer easement described above lies within Section 13 and is beneath Scotford Court. In order for this portion of Scotford Court to be accepted into the state secondary road system, the Virginia Department of Transportation (VDOT) requires that the right-of--way be free and clear of any third party rights or encumbrances. The quitclaim and release of the subject portion of the water and sanitary sewer easement to the Commonwealth of Virginia would be subject to VDOT issuing a permit for such facilities and the condition that the facilities located within the 50-foot right-of-way, with the boundaries of Scotford Court and located between Lot 47, Block 3, Section 13, and Lot 56, Block 1, Section 13 of Westchester of Canterbury Park, may continue to occupy the street in the existing condition and location. The release would be for so long as the subject section of Scotford Court is used as part of the public street; however, the easement would not be vacated by the Board and would revert to the County in the event of abandonment of the street. The Utility Department is in agreement with this request. ABSENT: Supervisor Nickens IN RE: APPOINTMENTS 1. Blue Ridge Community Services Board Supervisor Harrison nominated Roger Laplace to serve a three year term which will expire December 31, 2001. 2. Leaaue of Older Americans -Advisory Council Supervisor McNamara nominated Thelma Ihrig to serve cone-year term which will expire March 31, 1999. 3. Roanoke Valley Resource Authority Supervisor Johnson nominated Diane Hyatt to serve another four year term which will expire December 31, 2002. 4. Task Force for Senior and Physically Challenged Citizens Supervisor Johnson requested an appropriate remembrance of Webb Johnson. IN RE: CONSENT AGENDA R-111798-5: R-111798-5.b: R-11798-5.d; R-111798-5 f; R-111798-5 I Supervisor Minnix moved to adopt the Consent Resolution. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Harrison, Minnix, Johnson positions funded by the Virginia Juvenile Community Crime Control Act. 9. Request for acceptance of Wales Court and portions of Salisbury Drive into the Virginia Department of Transportation Secondary System. 10. Request from Schools for appropriation of $11,444 to the School Grant Fund for a truancy reduction initiative. 11. Request from Schools for appropriation of $3,915.28 for the dual enrollment program with Virginia Western Community College. 12. Request from Schools for appropriation of $56,335.35 Technology Literacy Challenge Grant for technology training. 13. Request from Schools to appropriate $46,121 to the Roanoke Valley Regional Special Education budget. 14. Acceptance of Water and Sanitary Sewer Facilities serving Winterberry Pointe, Sections 2 and 3. 15. Acceptance of donation of a sanitary sewer easement from Larry G. Conner and Ida Jane E. Conner in connection with the Peters Creek Detention Basin Project. 2. That the Clerk to the Board is hereby authorized and directed where required by law to set forth upon any of said items the separate vote tabulation for any such item pursuant to this resolution. On motion of Supervisor Minnix to adopt the Consent Resolution, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Johnson NAYS: None ABSENT: Supervisor Nickens RESOLUTION 111798-5.b ENDORSING VIRGINIA'S FIRST REGIONAL INDUSTRIAL FACILITY AUTHORITY'S APPLICATION FOR VIRGINIA INDUSTRIAL SITE DEVELOPMENT FUNDS Whereas, the Virginia Industrial Site Development Fund was passed by the 1998 General Assembly; and Whereas, the objectives of the Fund are: to assist in the development of publicly owned, marketable regional industrial sites; to strengthen the capacities of November 17, 1998 763 HAMPSHIRE DRNE AND PORTIONS OF SCOTFORD COURT INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY SYSTEM WHEREAS, the streets described on the attached Additions Form SR-5(a), fully incorporated herein by reference, are shown on plats recorded in the Clerk's Office of the Circuit Court of Roanoke County, and WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised this Board the streets meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation, and NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia Department of Transportation to add the streets described on the attached Additions Form SR-5(A) to the secondary system of state highways, pursuant to §33.1-229, Code of Virginia, and the Department's Subdivision treet Requirements and BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted right-of--way, as described, and any necessary easements for cuts, fills and drainage, and BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident engineer for the Virginia Department of Transportation. Recorded Vote Moved By: Supervisor Minnix Seconded By: None Required Yeas: Supervisors McNamara, Minnix, Harrison, Johnson Nays: None Absent: Supervisor Nickens RESOLUTION 111798-5.f REQUESTING APPROVAL BY THE VIRGINIA DEPARTMENT OF TRANSPORTATION OF ONE REPLACEMENT IDENTIFICATION SIGN IN THE NORTH LAKES COMMUNITY WITHIN A PUBLIC RIGHT-OF-WAY IN ROANOKE COUNTY WHEREAS, the Virginia Department of Transportation shall review specifications for the design, installation and maintenance of community identification signs on public roads in Roanoke County, and, WHEREAS, Roanoke County has previously selected, received approval for, established and maintained numerous community welcome signs and gateway beautification sites in highway medians, and WHEREAS, the North Lakes Civic League has indicated its desire for and has agreed to fund one-half of the design and installation cost of this project and the Board of Supervisors hereby expresses its willingness to fund one-half of said cost of this project - sum total not to exceed $700 -and that the Board of Supervisors will provide for the perpetual maintenance of this project in lieu of a permit fee or continuous bond. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County, Virginia requests that the Virginia Department of Transportation approve November 17, 1998 765 It was the consensus of the Board to set a work session for December 1, 1998. IN RE: REPORTS Supervisor Minnix moved to receive and file the following reports after discussion of Items 1, 2, and 6. The motion carried by a unanimous voice vote with Supervisor Nickens absent. 1. General Fund Unappropriated Balance 2. Capital Fund Unappropriated Balance 3. Board Contingency Fund 4. Future School Capital Reserve 5. Report on a potential short-term rental tax Mr. Hodge described how the tax would operate and expressed concern about the impact on the small businesses if the tax was enacted. 6. Report of Expenditures and commitments for public private partnerships from The Economic Development Capital Fund 7. Statement of the Treasurer's Accountability per Investments and Portfolio Policy as of October 31, 1998 IN RE: WORK SESSIONS The work sessions were held from 4:55 p.m. until 5:50 p. m. 1. Review of Fiscal Year 1997-98 audit and year end operations November 17, 1998 767 consultation with legal counsel and briefings by staff members, contract negotiations concerning utility bill from City of Roanoke; Section 2.1-344 A (3) discussion or consideration of the condition, acquisition or use of real property for public purposes. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Johnson NAYS: None ABSENT: Supervisor Nickens The Executive Session was held from 5:50 p.m. to 6:15 p. m. Supervisor Minnix was absent from the Executive Session and did not return until 7:10 p.m. IN RE: CERTIFICATION RESOLUTION R-111798-6 At 7:00 p.m., Chairman Johnson announced that, the Executive Session was held from 5:50 p.m. until 6:15 p.m., and that Supervisor Minnix was absent from the Executive Session. He moved to return to Open Session adopt the Certification Resolution. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Harrison, Minnix, Johnson NAYS: None ABSENT: Supervisor Nickens RESOLUTION 111798-6 CERTIFYING EXECUTIVE MEETING WAS HELD IN CONFORMITY WITH THE CODE OF VIRGINIA WHEREAS, the Board of Supervisors of Roanoke County, Virginia has November 17, 1998 769 Supervisor McNamara asked if the savings could be appropriated in the General Fund instead of the Capital Unappropriated Fund. Supervisor Johnson responded that the savings are one-time savings and should be used for one-time capital expenses. Supervisor Harrison asked School Superintendent Deanna Gordon for an update on how the schools were meeting EPA deadlines on replacing gas tanks. Dr. Gordon advised that they are getting responses to RPF's for Northside High School and will then be fully compliant. Supervisor Harrison also asked if year-end savings have previously been used to purchase band uniforms and Dr. Gordon advised that they have a ten-year plan to replace a(I uniforms, and fund $20,000 each year. Supervisor Minnix arrived at 7:10 p.m. Supervisor McNamara moved to appropriate $471,083 to the Capital Unappropriated Fund; appropriate $46,388 to the General Fund Unappropriated Fund; and appropriate $1,144,087 as requested by the School Board. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Harrison, Minnix, Johnson NAYS: None ABSENT: Supervisor Nickens IN RE: PUBLIC HEARINGS 1. Public hearing and adoption of the Secondary Road SXstem Six- Year Construction Plan for Fiscal Years 1999-2005 and the November 17, 1998 771 ABSENT: Supervisor Nickens RESOLUTION 111798-8 APPROVAL AND ADOPTION OF THE SECONDARY ROAD SYSTEM SIX YEAR CONSTRUCTION PLAN FOR FISCAL YEAR 1999-2005 AND APPROVAL OF THE ALLOCATION OF FUNDS FOR FISCAL YEAR 1999-2000. WHEREAS, a public hearing was held on November 17, 1998 to receive comments on the adoption of the Secondary Road System Six-Year Construction Plan for Roanoke County for Fiscal Year 1999-2005; and the adoption of the Funding for Fiscal Year 1999-2000; and WHEREAS, the Board of Supervisors does hereby approve the adoption of the Secondary Road System Six-Year Construction Plan for Roanoke County for Fiscal Year 1999-2005 and allocations for Fiscal Year 1999-2000 as set out on the attached Secondary System Construction Program. NOW, THEREFORE, BE IT RESOLVED that a copy of this resolution duly attested be forthwith forwarded to the Virginia Department of Transportation Salem Residency Office along with a duly attested copy of the proposed Second Road System Six Year Construction Plan for Roanoke County for Fiscal Year 1999-2005 by the Clerk to the Board. On motion of Supervisor Johnson to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Johnson NAYS: None ABSENT: Supervisor Nickens 2. Consideration of Projects for 1999-2000 VDOT Revenue Sharing Program. (Arnold Covev, Community Development Director A-111798-9 Mr. Covey advised that County and VDOT staff presented a proposed priority project list for the FY 1999-2000 Revenue Sharing Program at the October 13, 1998 work session. At that time, Staff provided the Board with a report containing the 66 projects ($727,000) with maps and justification on how projects were evaluated for inclusion in the revenue sharing plan. Since then staff has shortened the list to $500,000 ($1,000,000) November 17, 1998 773 neighborhoods, VDOT and staff has developed a policy for the signs. Mr. Covey highlighted the steps in the policy. Supervisor Johnson moved to adopt the policy. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Harrison, Minnix, Johnson NAYS: None ABSENT: Supervisor Nickens RESOLUTION 111798-10 ESTABLISHING A POLICY FOR THE REVIEW AND RECOMMENDATION FOR THE INSTALLATION OF "WATCH FOR CHILDREN" SIGNS WHEREAS, the 1997 General Assembly enacted an amendment to the 1950 Code of Virginia, adding Section 33.1-210.2 regarding the installation and maintenance of "Watch for Children" signs in order to alert motorists that children are at play nearby; and WHEREAS, in accordance with this law, effective July 1, 1997, counties may request the Virginia Department of Transportation (VDOT) to install and maintain these signs; and WHEREAS, VDOT has established a process for handling such requests, and this process will require a resolution from the local governing body, said resolution to identify the source of funding for the cost of sign installation; and WHEREAS, Roanoke County has developed the following policies and procedures to comply with the VDOT guidelines, to minimize administrative burdens, and to assure uniform and consistent policies for the installation of these signs. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County as follows: 1. That the following policies are hereby established for the purpose of developing recommendations to the Virginia Department of Transportation for the installation of "Watch for Children" signs: a. The street must be classified as a minor collector or focal road. No signs will be installed on a major collector or arterial highway. These signs will be installed at transitions from major collectors to minor collectors and from minor collectors to local streets. b. A petition is signed by at least 75% of the property owners along the street. For long streets, signatures shall be required within 1000 feet of the location of the request. November 17, 1998 775 homeowners association be established to maintain the road until funding is available to complete the construction. This new change will let the homeowners know in a relatively short time if the road is eligible and practical to construct to VDOT standards rather than waiting 10 or 12 years. Supervisor Minnix moved to adopt the policy. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Harrison, Minnix, Johnson NAYS: None ABSENT: Supervisor Nickens RESOLUTION 111798-11 ADOPTING A POLICY FOR THE REVIEW, ACCEPTANCE AND RECOMMENDATION FOR RURAL ADDITION PROJECTS UNDER THE SIX-YEAR SECONDARY ROAD ALLOCATION WHEREAS, by Resolution 021098-5.c the Board of Supervisors rescinded Resolution 1727 (which was adopted in 1977), said resolution established a County policy for certain street improvements, including streets to be accepted into the Rural Addition Program; and WHEREAS, the acceptance of rural addition roads into the State Secondary System is governed by the 1950 Code of Virginia, as amended; and WHEREAS, funds for rural addition roads are generated from the County's annual six-year secondary road allocation; and WHEREAS, it is the intention of the County to adopt a policy for the review, acceptance, and recommendation to the Virginia Department of Transportation of road projects for inclusion in the Rural Addition Program. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors as follows: 1. That the following policies are hereby established for the purpose of developing recommendations to the Virginia Department of Transportation for the Rural Addition Program: Steps a. Property owners petition Roanoke County to add their road to the Rural Addition priority list. November 17, 1998 777 On motion of Supervisor Minnix to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Johnson NAYS: None ABSENT: Supervisor Nickens IN RE: PUBLIC HEARINGS AND SECOND READING OF ORDINANCES 1. Second reading of ordinance to rezone approximately 0 75 acre from R-1 to C-1 to allow an accounting office in an existing house, located at 3716 Colonial Avenue, Cave Spring Magisterial District. upon the petition of Mark Harrell (Terry Harrington Count Planner) Mr. Harrington reported that this is a request to rezone a home located at the intersection of Colonial Avenue and Thompson Lane for use as an accounting office. The property is located in an established residential neighborhood which is designated Neighborhood Conservation in the Comprehensive Plan. The applicant is proposing that the upstairs portion be used as an accessory apartment. At the Planning Commission meeting, residents voiced concerns regarding increased traffic, decrease in property values, increased water runoff, and that the rezoning would set a precedent for others along Colonial Avenue. The petitioner offered 8 proffered conditions. The Commission voted to deny the request because the facility would be located in a Neighborhood Conservation designation. Mr. Graves Harrell, one of the petitioners, spoke in support. He explained that November 17, 1998 779 agreed to would actual benefit the property but because it was located in a Neighborhood Conservation area, he felt it should not be rezoned. Supervisor McNamara responded that he felt it was a good use of the land even though it was in a Neighborhood Conservation area. Supervisor Minnix moved to DENY the rezoning. The motion carried by the following recorded vote: AYES: Supervisors Harrison, Minnix, NAYS: Supervisor McNamara, Johnson ABSENT: Supervisor Nickens Due to the tie vote with the absence of Supervisor Nickens, this item was carried over to the December 15, 1998 meeting at 7:00 p. m. IN RE: CITIZEN COMMENTS AND COMMUNICATIONS 1. Barbara Bushnell, noted that the Community Plan stated that the Blue Ribbon Committee recommended $100 million in school construction, and that the correct amount is $120 million. She also noted that in Chapter 8, priorities, nothing is included about capital for schools. IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS Supervisor McNamara (1) He received a letter from a citizen regarding the Police Department DARE program who complimented all those involved in the DARE _., l w--~- J December 1, 1998 r,'Q~ Roanoke County Administration Center 5204 Bernard Drive Roanoke, Virginia 24018 December 1, 1998 The Board of Supervisors of Roanoke County, Virginia, met this day at the Roanoke County Administration Center, this being the first Tuesday, and the first regularly scheduled meeting of the month of December, 1998. N RE: CALL TO ORDER Chairman Johnson called the meeting to order at 3:05 p.m. The roll call was taken. MEMBERS PRESENT: Chairman Bob L. Johnson, Vice Chairman Harry C. Nickens, Supervisors Fenton F. "Spike" Harrison, H. Odell "Fuzzy" Minnix MEMBERS ABSENT: Supervisor Joseph McNamara STAFF PRESENT: Elmer C. Hodge, County Administrator; Paul M. Mahoney, County Attorney; Mary H. Allen, Clerk; John M. Chambliss, Assistant County Administrator; Don C. Myers, Assistant County Administrator; Anne Marie Green, Director, Community Relations IN RE: OPENING CEREMONIES The invocation was given by John M. Chambliss, Jr., Assistant County Administrator. The Pledge of Allegiance was recited by all present. December 1, 1998 703 AYES: Supervisors Harrison, Minnix, Nickens, Johnson NAYS: None ABSENT: Supervisor McNamara RESOLUTION 120198-1 SUPPORTING FULL FUNDING OF HB 599 FOR LOCAL POLICE DEPARTMENTS WHEREAS, the General Assembly passed HB 599 in 1979 as part of a legislative package intended to direct additional state financial assistance to cities in exchange for the loss of authority to annex land in surrounding counties; and WHEREAS, one type of state financial assistance included in HB 599 was payment to cities, towns and counties with police departments, which was intended to compensate for the disparity between state funding for local police departments and sheriffs' offices; and WHEREAS, the Virginia Code directs the Governor and the General Assembly to increase the total amount of HB 599 funds to be distributed each year by the anticipated percentage change in state general fund revenues; and WHEREAS, funding for HB 599 was reduced from $80.5 million to less than $67 million in fiscal year 1992, and has remain frozen at that level since 1992; and WHEREAS, based on annual general fund growth rates, the total amount of HB 599 funding would have increased to $151 million by fiscal year 1999 if the state had funded this program in accordance with state law; and WHEREAS, if the state had funded this program in accordance with state law, the County of Roanoke would currently be receiving $1,398,465 per year from the state instead of $596,308, which it is currently receiving; and WHEREAS, by fiscal year 2000 the total amount of funding that the state would have distributed to localities since the HB 599 program's inception if the law had been observed will be $610 million; and WHEREAS, the Commonwealth benefits when the relationship between the state and its local governments is based on mutual trust and support; NOW THEREFORE BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, that the Governor and General Assembly should develop a plan to fully fund HB 599 by the year 2000, and that the amendments to the 1998-2000 budget enacted during the 1999 General Assembly should include a substantial increase in this program beginning in fiscal year 1999. BE IT FURTHER RESOLVED, that the Board of Supervisors of Roanoke County, Virginia opposes any legislation that would remove restrictions on annexation if HB 599 is not fully funded. BE IT FURTHER RESOLVED, that the Clerk to the Board of Supervisors is directed to forward copies of this resolution to Governor Jim Gilmore, the chairs of the Senate Finance Committee and House Appropriations Committee, the chairs of the public December 1, 1998 785 Director A-120198-3 Mr. Gubala reported that Roanoke County acquired property on Westmoreland Avenue so that access might be provided to the Home Depot project or other development that might take place in the area. The total closing costs for the two properties reduced the unappropriated balance in the Public Private Partnership Fund to $54,400.95. Mr. Gubala requested that the Board appropriate $285,743.99 from the Dixie Caverns Landfill Account to the Public Private Partnership Fund. Supervisor Nickens asked why it was necessary to reimburse these funds now and Mr. Hodge responded that there were several prospects that may need the funds. Supervisor Minnix moved to approve $285,743.99 reimbursement from Dixie Caverns Landfill Account to the Public Private Partnership Fund. The motion carried by the following recorded vote: AYES: Supervisors Harrison, Minnix, Nickens, Johnson NAYS: None ABSENT: Supervisor McNamara 4. Request to advance remainder of funds for the renovation of high school science labs. (Deanna Gordon. School Superintendent) R-120198-4 December 1, 1998 707 Roanoke, Virginia (the "County") adopted a resolution on August 28, 1997 declaring its intention to reimburse itself from the proceeds of one or more tax-exempt financings for certain expenditures made and/or to be made in connection with the acquisition, renovation, construction and equipping of certain capital improvements for school projects, and WHEREAS, The School Board requested an advance of $ 50,000 on September 11, 1997 for environmental assessments, advertising costs for architects and engineers, core drillings, and other costs related to the acquisition of land in South County, and WHEREAS, the County Board approved this $50,000 advance on September 23, 1997, and WHEREAS, the School Board requested an additional advance of $1,721,200 on November 13, 1997 to hire architects to design various school projects, and WHEREAS, the County Board approved this $1,721,200 additional advance on November 18, 1997, and WHEREAS, the School Board requested an additional advance of $130,000 on November 13, 1997 to hire architects to begin renovations to the science labs, and WHEREAS, the County Board approved a $104,000 additional advance on December 16, 1997, and WHEREAS, the School Board requested an additional advance of $200,000 to hire contractors to begin a roof replacement program, and requested the amendment of Exhibit A of County Resolution 081997-1 to appropriately reflect the roof replacement program included in the Blue Ribbon Commission Report, and WHEREAS, the County Board approved this $200,000 additional advance on April 28, 1998, and the amendment to Exhibit A of County Resolution 081997-1, and WHEREAS, the School Board requested additional advances of $2,454,420 to begin construction at Clearbrook Elementary and $2,517,100 to begin construction at Burlington Elementary on May 14, 1998, and WHEREAS, the School Board requested an additional advance of $7,213,520 to begin construction at Bonsack Elementary on June 18, 1998, and WHEREAS, the County Board approved additional advances of $2,454,420 for Clearbrook Elementary, $2,517,100 for Burlington Elementary, and $7,213,520 for Bonsack Elementary on June 26, 1998, and WHEREAS, the School Board requested an additional advance of $2,170,600 to begin construction of the science labs at Cave Spring High, Northside High, and Glenvar High on September 10, 1998, and WHEREAS, the County Board approved an advance of $1,854,560 for the science labs at Cave Spring High, Northside High, and Glenvar High and the escrowing of $316,040 for technology A& E and equipment on September 8, 1998, and WHEREAS, the School Board is now requesting the release of the escrowed funds of $316,040 for the technology A&E and equipment needed for the science labs at Cave Spring, Northside, Glenvar, and William Byrd High Schools, NOW THEREFORE BE IT RESOLVED that the County Board will advance i December 1, 1998 ~rQp RESOLUTION 120198-5 ADOPTING A LEGISLATIVE PROGRAM FOR THE 1999 SESSION OF THE VIRGINIA GENERAL ASSEMBLY, AND PETITIONING THE GENERAL ASSEMBLY TO FAVORABLY CONSIDER THE TOPICS AND ISSUES ADDRESSED HEREIN WHEREAS, the Board of Supervisors of Roanoke County, Virginia, has identified major legislative issues of state-wide concern to be considered by the 1999 session of the Virginia General Assembly; and WHEREAS, the Board adopts this resolution as its Legislative Program for the 1999 session of the Virginia General Assembly. NOW, THEREFORE, Be It Resolved by the Board of Supervisors of Roanoke County, Virginia, that the following legislative initiatives are submitted for its legislative program for the 1999 session of the Virginia General Assembly for its favorable consideration and adoption. A. Education. Realizing that public education is the foundation of American democracy and the cornerstone of our future economic well being, the County urges the General Assembly to consider favorably the following actions. 1) The General Assembly should enhance funding for public education, including increasing the funds available to the Literary Fund for local school capital construction or renovation projects. The General Assembly should increase funding for capital construction and renovation projects based upon the locality's local effort in support of these capital projects. 2) Local school divisions should be authorized to establish opening dates for school. 3) Disparity funding should be based not only upon the number of students eligible for free or reduced fee lunches, but also upon the locality's local tax effort in support of education. Disparity funding should be based upon the composite index (which measures a locality's relative fiscal ability to provide its share of the cost of a local school system that meets the standards of quality) and the locality's local effort in support of that school system. 4} Roanoke County supports State funding at a level requested by the Higher Education Center Authority in order to complete the project located in the City of Roanoke. 5) Roanoke County supports second year funding in the biennial budget for the College of Health Sciences located in the City of Roanoke. B. Transportation and Highway SafetX. 1) Roanoke County supports additional new construction and maintenance funding for the Virginia Department of Transportation for secondary and primary roads. Additional funding for new construction projects will address critical transportation needs of all local governments. Additional maintenance funding shall be used for an expanded program to mow grass and weeds, and inspect and clean drainage December 1, 1998 ~p~ libraries by $1.4 Million FY 2000; that the Commonwealth fully fund state aid by FY 2001; that sales tax exemptions be provided for organizations that support public libraries; and that the Commonwealth adopt and fund a statewide technology plan and Internet access for public libraries. The objective of such a plan will be to provide public libraries with the technological support for public, universal access to networked information. 4) Roanoke County supports authority to impose an additional one-half percent ('/Z%) local option sales tax. 5) Roanoke County supports authority to impose an additional charge of $2.00 per month per telephone line to fund rescue calls. 6) Roanoke County supports legislation amending Section 14.1- 46.0:1 to increase the salary supplement for the Chairman of the Board of Supervisors from $1,800 to $2,500 per year. 7) Roanoke County supports an amendment to Sec. 36-49.1:1.F to allow all counties to impose liens for the recovery of the costs for spot blight removal in the manner currently allowed the urban county executive form of government. II. That the Clerk to the Board of Supervisors is directed to send a certified copy of this resolution to Senator John S. Edwards, Senator Malfourd W. "Bo" Trumbo, Delegate H. Morgan Griffith, Delegate Clifton "Chip" Woodrum, Delegate C. Richard Cranwell, Delegate A. Victor Thomas; Mary F. Parker, Roanoke City Clerk; Members of the Roanoke City Council; Forest Jones, Clerk for Salem City Council; Members of the Salem City Council; Clerk for the Town of Vinton; Members of the Vinton Town Council and the Fifth Planning District Commission, and the Virginia Association of Counties. On motion of Supervisor Nickens to adopt the resolution with his amendments, and carried by the following recorded vote: AYES: Supervisors Minnix, Harrison, Nickens, Johnson NAYS: None ABSENT: Supervisor McNamara IN RE: FIRST READING OF ORDINANCES 1. First reading of ordinance authorizing approval of a settlement agreement with Nyna S. Murray and acquisition of a 20 foot drainage easement with access and temporary construction easements. across property owned by Nyna S. Murray on Shadwell Drive in the Hollins Magisterial District. to provide for December 1, 1998 793 easement to further accommodate Ms. Murray's concerns. She has now executed a settlement agreement with the County and a deed of easement, pending Board approval, to convey the required drainage easement, with access and temporary construction easements, for $7,000.00. The agreement provides that the County will make repairs to the existing sink hole. The agreement further provides that any disturbed areas of ground will be graded, seeded and strawed, and any trees that must be removed will be transplanted or replaced. The County does not assume or admit liability or responsibility for any present or future conditions on the Murray property. Ms. Murray releases the County from any obligations, claims or demands on account of the sink hale and the existing damage to the land surface, taking of the land, or damage to residue, but does not release any party from any other possible claims. Ms. Huffman advised that following the Board's previous action to authorize the condemnation and immediate right-of-entry upon the property, Ms. Murray filed a petition with the Circuit Court for a determination of the necessity of immediate right-of-- entry. The proposed settlement agreement would render this petition moot and the parties have agreed to dismissthe pending action. Furthermore, the settlement would permit construction on the project to proceed as soon as feasible and avoid further delays due to litigation. The $7,000.00 for the easement acquisition, and the additional sums required for the construction of the project and associated costs, will be paid from the $45,000 previously appropriated by the Board on June 23, to the Belle Grove/Murray account in the Capital Fund December 1, 1998 795 ORDINANCE 120198-6 AUTHORIZING THE RELEASE AND RECONVEYANCE OF SANITARY SEWER EASEMENTS TO HELEN COX RICHARDS WHEREAS, Section 18.04 of the Roanoke County Charter provides that the conveyance of any interests in real estate of the County be accomplished by ordinance; and WHEREAS, the first reading of this ordinance was held on November 17, 1998, and the second reading of this ordinance was held on December 1, 1998; and WHEREAS, certain utility easements were previously conveyed to the County by this properly owner. These easements were subsequently relocated due to the realignment of the sewer line. New easements were conveyed to the County, and said owner has requested that the County release and reconvey the original easements back to her; and WHEREAS, the acquisition of these easements was authorized by Ordinance 82493-9; and WHEREAS, the County having paid a fair market value for these easements, no further payment of consideration is necessary for these transactions; and WHEREAS, in accordance with the provisions of Section 16.01 of the Roanoke County Charter, these easements are hereby declared to be surplus, and are no longer necessary for any other public purposes, and are made available for release and reconveyance back to the original grantors. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the release and reconveyance of the following utility easements to the hereinafter-named party is hereby authorized and approved: 64.02-2-7 and Helen Cox Richards DB1475 PG1296 64.02-2-8 64.02-2-9 Helen Cox Richards DB1475 PG1302 64.02-2-10 Helen Cox Richards DB1475 PG1308 2. That the County Administrator is hereby authorized to take such actions and execute such documents as may be required to accomplish the purposes of this transaction, all upon form approved by the County Attorney. 3. That this ordinance shall take effect from and after the date of its adoption. On motion of Supervisor Harrison to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Minnix, Harrison, Nickens, Johnson NAYS: None ABSENT: Supervisor McNamara December 1, 1998 797 2. That the purchase price, and estimated closing costs of $3,550.00, shall be paid out of the Unappropriated Fund Balance in the Capital Fund. 3. That the County Administrator , or an Assistant County Administrator, is authorized to execute such documents and take such actions on behalf of the Board of Supervisors in this matter as are necessary to accomplish the acquisition of this property, all of which shall be approved as to form by the County Attorney. 4. That this ordinance shall be effective on and from the date of its adoption. On motion of Supervisor Minnix to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Minnix, Harrison, Nickens, Johnson NAYS: None ABSENT: Supervisor McNamara 3. Second reading of ordinance authorizin4 th~ a acquisition of a permanent drainage easement from David D. and Carol B. Graybeal for the Wakefield Avenue Drainage Improvement Project in the Cave Sprin4 Magisterial District (Arnold Covev. Community Development Director) 0-120198-8 There was no discussion and no citizens to speak on this ordinance. Supervisor Minnix moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Harrison, Minnix, Nickens, Johnson NAYS: None ABSENT: Supervisor McNamara ORDINANCE 120198-8 FOR AUTHORIZATION TO ACQUIRE A 15' DRAINAGE EASEMENT ACROSS PROPERTY ON BRANDYWINE AVENUE IN THE CAVE SPRING MAGISTERIAL DISTRICT OWNED BY DAVID D. GRAYBEAL AND CAROL B. GRAYBEAL IN CONNECTION WITH THE WAKEFIELD AVENUE ROAD AND DRAINAGE IMPROVEMENT December 1, 1998 799 and Lot 56, Block 1, Section 13 of Westchester of Canterbury Park located in the Windsor Hills Magisterial District. (Arnold Covey, Community Development Directorl 0-120198-9 There was no discussion and no citizens to speak on this ordinance. Supervisor Minnix moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Harrison, Minnix, Nickens, Johnson NAYS: None ABSENT: Supervisor McNamara ORDINANCE 120198-9 AUTHORIZING QUIT-CLAIM AND RELEASE OF WATER AND SANITARY SEWER EASEMENT WITHIN THE BOUNDARIES OF SCOTFORD COURT AND LOCATED BETWEEN LOT 47, BLOCK 3, SECTION 13, AND LOT 56, BLOCK 1, SECTION 13, OF WESTCHESTER OF CANTERBURY PARK IN THE WINDSOR HILLS MAGISTERIAL DISTRICT WHEREAS, in order for Scotford Court to be accepted into the state secondary road system, the Virginia Department of Transportation (VDOT) requires that the right-of-way be free and clear of any third party rights or encumbrances; and, WHEREAS, VDOT has requested quit-claim and release of an existing water and sanitary sewer easement, twenty-five feet (25') in width, within the boundaries of Scotford Court and located between. Lot 47, Block 3, Section 13, and Lot 56, Block 1, Section 13, of Westchester of Canterbury Park, being a portion of the easement acquired by deed recorded in Deed Book 1403, page 52, and shown on plat recorded in Plat Book 15, page 107, to the Commonwealth of Virginia, subject to certain conditions; and, WHEREAS, it will serve the interests of the public to have Scotford Court accepted into the state secondary road system and the release, subject to the issuance of a permit and other conditions, will not interfere with other public services and is acceptable to the Roanoke County Utility Department. THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That pursuant to the provisions of Section 18.04 of the Roanoke County Charter, the acquisition and disposition of real estate can be authorized only by December 1, 1998 gol _- , to background investigations for concealed weapons permits and conservators of the peace (Rav Lavinder. Police Chief) 0-120198-10 There was no discussion and no citizens to speak on this ordinance. Supervisor Johnson moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Harrison, Minnix, Nickens, Johnson NAYS: None ABSENT: Supervisor McNamara ORDINANCE 120198-10 AMENDING ORDINANCE 42793-7 ADOPTING A FEE SCHEDULE FOR POLICE DEPARTMENT SERVICES RELATED TO BACKGROUND INVESTIGATIONS FOR CONCEALED WEAPONS PERMITS AND CONSERVATORS OF THE PEACE WHEREAS, Ordinance 42793-7 adopted on April 27, 1993 established a fee schedule for certain police department services; and WHEREAS, the Virginia General Assembly amended Sections 18.2-308 and 19.2-13 of the 1950 Code of Virginia, changing the fees that can be charged by a police department for background investigations; and WHEREAS, a first reading of this ordinance was held on November 17, 1998; and the second reading and public hearing was held on December 1, 1998. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the following schedule of administrative fees is to be charged by the Roanoke County Police Department for the services described: Concealed weapons permit background investigation and report: .~ :::::::.::........pP...................................... Conservator of the Peace appointment: December 1, 1998 803 5. Planning Commission Supervisor Nickens nominated Kyle Robinson to serve another four-year term which will expire February 31, 2002. IN RE: CONSENT AGENDA R-120198-11 Supervisor Minnix moved to adopt the Consent Resolution. The motion carried by the following recorded vote: AYES: Supervisors Harrison, Minnix, Nickens, Johnson NAYS: None ABSENT: Supervisor McNamara RESOLUTION 120198-11 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM I -CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the certain section of the agenda of the Board of Supervisors for December 1, 1998, designated as Item I -Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 through 1, inclusive, as follows: 1. Confirmation of Committee Appointments to the Blue Ridge Community Services Board, the League of Older Americans Advisory Council, and the Roanoke Valley Resource Authority. 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 far any such item pursuant to this resolution. December 1, 1998 805 3. Board Contingency Fund 4. Future School Capital Reserve 5. Accounts Paid -September 1998 6. Accounts Paid -October 1998 7. Statement of Revenues and Expenditures for the month ended 10/31 /98. IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS Supervisor Nickens: (1) He announced that he had been elected as the representative for Region 9 on the Virginia Association of Counties (VACO) Board of Directors and encouraged the other Board members to volunteer their services. (2) He received information at the VACo annual meeting regarding the National Association of Counties (NACO) Office Depot office supply contract and asked Mr. Hodge to review this. Supervisor Minnix: (1) He received a memo from Social Services Betty McCrary regarding the new welfare programs and commended her and her department for doing an excellent job. (2) He received a letter from the Registrar in October asking for consideration to remove the County from the Voting Rights Act. He asked for an update. Mr. Mahoney responded that the County is gathering data to include in a package to assure that they have addressed all the criteria. He will bring this package back to the Board when finalized. December 1, 1998 QOr, Apperson Drive to the Roanoke City line. Following the work session, the Board expressed general support for the project. Supervisor Nickens reminded Ms. Belcher that the County only committed to fund the Greenways Commission for three years. 2. Discussion on the Community Plan (Janet Scheid, Senior Planner The work session was held from 5:05 p.m. to 6:25 p.m. It was presented by Janet Scheid with comments from the Planning Commission, Regional Homebuilders and their consultant, and other interested organizations. Ms. Scheid highlighted the process that the Planning staff and Planning Commission has taken for the past two years to assure public input into the Community Plan. She reviewed the changes to the Plan as a result of the last work session and requests from other organizations. Steve Strauss from the Regional Homebuilders introduced their consultant, Bob McNamara, an urban planner who had reviewed the County's Community Plan. Mr. McNamara explained that they felt that the Community Plan did not include hard land use data and their primary concern was having a balance of conservation and economic development land uses. Following discussion with the Homebuilders, there was no decision to change the date of the second reading of the ordinance and public hearing which is scheduled for January 12, 1999. December 1, 1998 809 On motion of Supervisor Nickens to adopt the Certification Resolution, and carried by the following recorded vote: AYES: Supervisors Minnix, Harrison, Nickens, Johnson NAYS: None ABSENT: Supervisor McNamara IN RE: ADJOURNMENT At 6:41 p.m., Chairman Johnson adjourned the meeting. Submitted by, Mary H. Allen, CMC/AAE Clerk to the Board Approved by, Bob L. Johnson Chairman ... A-121598-5 . a ACTION NUMBER ITEM NUMBER ~" ~'°` AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: December 15, 1998 SUBJECT: Confirmation of appointments to the Building Code Board of Adjustment and Appeals, the Blue Ridge Community Services Board of Directors, the Grievance Panel, the Library Board, the New Century Venture Center Board of Directors, and the Planning Commission COUNTY ADMINISTRATOR'S COMMENTS: Sl)MMARY OF INFORMATION: The following nominations were made at the December 1 meeting and should now be confirmed. 1. BUILDING CODE BOARD OF ADJUSTMENTS AND APPEALS Supervisor Nickens nominated Wilmore T. Leffell, Building Contractor, to another four-year term which will expire December 12, 2002. 2. BLUE RIDGE COMMUNITY SERVICES BOARD OF DIRECTORS The Blue Ridge Community Services Board of Directors has recommended the reappointment of the Reverend William L year term will expire December 31, 2001. the reappointment. 3. 4. GRIEVANCE PANEL . Lee as an at-large member. His three- Allfive govering bodies must concur with Supervisor Nickens has nominated Raymond C. Denney, alternate, to another three-year term which will expire October 10, 2001. LIBRARY BOARD Supervisor Minnix has nominated Nancy Greene to another four-year term which l ,. ,3 a 5. 6. will expire December 31, 2002. NEW CENTURY VENTURE CENTER BOARD OF DIRECTORS Supervisor Nickens has nominated Don C. Reid to represent Roanoke County. PLANNING COMMISSION Supervisor Nickens has nominated Kyle Robinson to another four-year term which will expire December 31, 2002. STAFF RECOMMENDATION: It is recommended that the above appointments be confirmed by the Board of Supervisors. SUBMITTED BY: L~,/ Mary H. Allen, CMC/AAE Clerk to the Board APPROVED 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 Building Code Board of Adjustments and Appeals file Blue Ridge Community Services Board of Directors File Grievance Panel File Library Board File New Century Venture Center Board of Directors File Planning Commission File A-121598-5. b ACTION # ITEM NUMBER ~"' AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION GENTER MEETING DATE December I5, 1998 SUB CT: Acceptance of Sanitary Sewer Facilities Serving Hollins West Communications Research Institute COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION_ The Developers of Hollins West, Lionberger Construction Company, have requested that Roanoke County accept the Deed conveying the sanitary sewer facilities serving the Hollins West along with all necessary easements. The sewer facilities are installed, as shown on plans prepared by LMW, P.C. entitled Hollins West, which are on file in the Community Developmerrt Department. The sanitary sewer facility construction meets the specifications and the plans approved by the County. ~I~CAL IlyIPACT: The value of the sanitary sewer construction is $36,000. RECOMMENDATION: Staff recommends that the Board of Supervisors accept the sanitary sewer facilities serving Hollins Nest along with all necessary easements, and authorize the County Administrator to execute a Deed for the transfer of these facilities, ~1°~ SUBMITTED BY: Gary Rabe son, P.E. Utility Director APPROVED: C:~~ Elmer C. Hodge County Administrator ACTION Approved (x) Denied ( ) Received ( ) Referred ( ) To ( ) Motion by: Bob L Johnson to approve VOTE No Yes Abs Johnson - x ._ Harrison ,_. x McNamara- x ._ Minnix - x Nickens - x cc: File Gary Robertson, Director, Utility Arnold Covey, Director, Community Development ~- C~Oo p~( RETURN To: ROANOKE COUNTY ATTdRNEY'S OFFICE THIS CHATTEL DEED, made this 20th day of November , 19 ~~, by and between: Lionber~er Construction Company , a Vir~ania corporation, hereinafter referred to as the "Developer," party of the first part; and the BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, its successors or assigns, hereinafter referred to as the "Board," party of the second part. :WITNESSETH: THAT FOR AND IN CONSIDERATION of the mutual benefits accruing to the parties, the receipt and sufficiency of which is hereby acknowledged, the Developer does hereby GRANT, CONVEY, ASSIGN AND TRANSFER, with the covenants of GENERAL Wt?-RR.ANTY OF TITLE, in fee simple unto the Board all water and/or sewer lines, valves, fittings, laterals, connections, storage facilities, sources of water supply, pumps, manholes and any and alI other equipment and appurtenances thereunto belonging, in and to the water and/or sewer systems in the streets, avenues, public utility, easement areas, water and sewer easement areas that have been or may hereafter be installed by the Developer, along with the right to perpetually use and occupy the easements in which the same maybe located, all of which is more particularly shown, described and designated as follows, to wit: Page 1 of 4 -~ As shown on the plan entitled Hollins West ,made by LMW,, P.C. and on file in the Roanoke County Engineering Department. The Developer does hereby covenant and warrant that it will be responsible for the proper installation and construction of the said water and/or sewer systems including repair of surface areas affected by settlement of utility trenches for a period of one (1) year after date of acceptance by the Board and will perform any necessary repairs at its cost. Elmer C. Hodge, County Administrator of Roanoke County, Virginia, hereby joins in the execution of this instrument to signify the acceptance of this conveyance pursuant to Resolution No. adopted by the Board of Supervisors of Roanoke County, Virginia, on the day of , 19 Page 2 of 4 WITNESS THE FOLLOWING signatures and seals: Developer: By: As: State of Virginia County/City of: Roanoke , to wit: The foregoing instrument was acknowledged before me this: 13th ,day of November ~ lg 98 By: D. Ray McCune Its Senior Vice President Duly authorized ofhcer Title on behalf of I,ionberger Construction Company My Commission expires: 3a April 2oa2 s-3 Page. 3 of 4 Vice President w.,w ,.~ Approved as to form: County Attorney State of: County/City of: Board of Supervisors of Roanoke County, Virginia By: (SEAL) Elmer C. Hodge County Administrator Virginia Roanoke , to wit: The foregoing instrument was acknowledged before me this: day of 19 , by Elmer C. Hodge, County Administrator, on behalf of the Board of Supervisors of Roanoke County, Virginia. Notary Public My Commission expires: Page4of4 .~ 8~ ICF°,C ;'.a frti :pr i Ho s N~SN`18991 .?1e ~~ °i~ fi_ Y '9e~ Fa 'C4 e,~ YIh~RQ~1®&;7:~ ~ ~H E~ ~'~6q~f ~ ~ ~ ~i "EPA°T?r`a~y~y ~~yE1C-hBURU ~ s ~,w e n€~, w~~4 r 11-I. t . 0 x°'' ~D o ~ ~ P~ caa ~p~ Q~ t~F (O'ts ~ ~~ T 11)I ? ~ ~7Q9~ O , R a9 G ~p ~ ` ~~pG~~KPNP QoP~rriN D~ ~ ~~y vY. Il.~ r p~N, Gel ,a,~ ,~4.GY"'~_ ~~~ ~ bCQ~95 ,,,q ~ a x - :. ~ o~ ~~ Po-EN'y 1`N" ~1 "Aa oN Q°.`o Oqy?~ ~i !'~ u~'o 'M'Pfr~a~ Airs yL4 M~~ppAf ~5~ ~ Rn3°I\\Ad6~F}j" a e$1o,i..~ S,a. „~o:c:c °~" a.""`r SCn~' ~ 4 "LIq°<~ °5y~w P` ~, ~83L~,SP' ~o+~~ ~~ t r 7 !"+ Tl 7 T T T7 A ,f A T7 ~ a°•m ~,~~` ,$ a ROANOKE COUNTY ACCEPTANCE OF SEWER FACILITIES UTILITY SERVING HOLLINS WEST CO?~IMUNICATIONS DEPARTMENT INSTITUTE A-121598-5. c ACTION NO. ITEM NO. ~ -- AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: December 15, 1998 AGENDA ITEM: Acceptance of Donation from the Friends of the Library and Appropriation of Funds to the Public Library Budget COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The Friends of the Library have donated .$9,000 in support of various library programs and services for FY 98/99. These funds will be used to improve and strengthen services such as outreach programs for children and computer instruction for the public. FISCAL IMPACT: Acceptance and appropriation of the donated funds will require no additional expenditures by the County. STAFF RECOMMENDATION: Staff recommends the acceptance of the Friends' donation and appropriation of $9,000 to the Library's budget. ~~~ C Spencer Watts Elmer C. H ge Library Director 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 Spencer Watts, Director, Library Diane D. Hyatt, Director, Finance .. A-121598-5.d ACTION # ITEM NUMBER ~' AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: December 15, 1998 AGENDA ITEM: ACCEPTANCE OF DONATION OF A SANITARY SEWER EASEMENT FROM THE ROANOKE COUNTY SCHOOL BOARD TO THE BOARD OF SUPERVISORS IN CONNECTION WITH THE TANGLEWOOD DRIVE SEWER RELIEF PROJECT. COUNTY ADMINISTRATOR'S COMMENTS: ~~ BACKGROUND' This easement is necessary to install and maintain a proposed sanitary sewer line, which will relieve the sewer overload problems being experienced on Tanglewood Drive and Hummingbird Lane during heavy rain. SUNIlKARY OF INFORMATION: This consent agenda item involves the acceptance of the following sanitary sewer easement in the Cave Spring Magisterial District conveyed to the Board of Supervisors of Roanoke County, Virginia, said easement being an installation and maintenance of a sanitary sewer line in connection with the Tanglewood Drive Relief Project. Donation of a sanitary sewer easement, twenty feet (20') in width, from the Roanoke County School Board (Deed Book 769 Page 422 Tax Map No. 87.13-1-1) as shown on a Plat by Lumsden Associates, P. C., a copy of which is attached hereto as Exhibit A. STAFF RECOMMENDATION: Staff recommends acceptance of this easement and requests permission for the County Administrator to execute the necessary documents. .~ .~. ..,. ..J~ SUBMITTED BY: Gary Rob rtson Utility 'rector APPROVED: ~L~ 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 Gary Robertson, Director, Utility Arnold Covey, Director, Community Development .r ti q ~ ~' z ~ ~ z ~ ~' ~~ Q~~~ ~~ z p ~ o " m ~~ ~qW ~~ x V] ~ CJ ¢O ~ ~ r~ Q ~ z ~ ~~Y ~ N C] ~ CD ~ O c~ ~ Q o ~~~p~`5U1~ ® g O ~ ~ yo- H ~ ~ ~ O o~o w z ~ ~ Z ~ ~~ W W m° O Z a ~' Q ii ~~ 0 z~ ~ ~~ ~ waQa ~ ~ o ~' H ^ ~y6D~J,rT~+~ N ,~j31 ~l \~ ~; a Ory J~ , ~ ~ Y ~~ O ~ ~ ~ I ~ ~ ~ ~ ~ ~ ~ ~ U Qi ~_ ~ ~~ ~ v' ~5J Z x o~ ~ _ v - ~ ~~'-0•~•--~ ~` __ ~ ~ _ - ~ \ ~ ~w~o~ c.~ °~ ~~ I ~~~~ W oz ~ti ~ m~~ ~ ~ ~ o~ ~ ~ ~ I o~am ~~~ ~ ~~~~s" ~~ ~ I o~~~ I ~~~ ~~ ^~ _~ `~° ~ v q~° ~z~~~q ~\ ~~~ ~ h~iQ2 m 3 q 4J'.°j "~`v~1~cn ~ o moo ~~ I~\~~ ~ I ~~ ^V~`O ~ ~ ~~~ ~~ mU~~ v `9L St ~~ s~~~ 3,5'F9GtFS h~~~m~e ~ o A(/d',09 - 995Y/ 31d~ ;735 '6~ ~ ~ ~ ~ ~ ~ 4i ~ \ h .~A/d0000Md19Nd1 ~ ~ ~ ~ ~ ~ ~ ~~z~~ y ,F999 M,Sf;9~tFN eo~2 ~~ y ~~~za~~ ct W ao ~ ~ 41 ~ ~2~~ ~3~~Q~o ~V~m ya~~~~~ qH.~~ I Hh~h. ~h v 2 ~ ~`i "i V' N I 0 U J=5 .~ A .~ W lY ~ 1 GENERAL FUND UNAPPROPRIATED BALANCE COUNTY OF ROANOKE, VIRGINIA of General Amount Fund Revenues Audited Beginning Balance at July 1, 1998 July 28, 1998 Second installment on West County Business Pazk $7,947,047 7.71 ($1,115,300) Balance at December 1 S, 1998 $6,831,747 Changes below this line are for information and planning purposes only. Balance from above $6,831,747 West County Business Pazk -balance ($1,057,650) 6.63% $5,774,097 5.60% 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 6.25% of General Fund Revenues $6,442,952 Respectfully Submitted, Approved By, Diane D. Hyatt Elmer C. Hodge Director of Finance County Administrator M:\Finance\CommonlBoard\Gen98. WK4 -~- CAPITAL FUND UNAPPROPRIATED BALANCE COUNTY OF ROANOKE, VIltGINIA Amount Audited Beginning Balance at July 1, 1998 $768,458.71 Amount added from 1997-98 operations per rollover policy $471,083.00 Projects appropriated in 1998-99 original budget Center for Research and Technology (100,000. Blue Ridge Parkway Interpretive Center (30,000. South County Park Development (100,000. North County Soccer Field (50,000. Police Firing Range (50,000. Courthouse Renovations (75,000. McDonald Farm (100,000. Dec 1, 1998 Purchase of land at library headquarters (91,550. Balance at December 15,1998 $642,991.71 ote: $100,000 of these funds have been temporarily advanced to the Mayflower Hills Park project. Respectfully Submitted, ~e~~ ~. ~~ Diane D. Hyatt Director of Finance Approved By, ~~ Elmer C. Hodge County Administrator M:\Finance\Common\Board\Cap98.WK4 ~- 3 RESERVE FOR BOARD CONTINGENCY GOUNTY 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 Oct 13, 1998 Matthews Electroplating SuperFund Remediation (22,790.00 Nov 17, 1998 Demolish abandoned structure (10,000.00. Balance at December 15, 1998 $60,060.00 Respectfully Submitted, ~~ ~~ Diane D. Hyatt Director of Finance Approved By, Elmer C. Hodge County Administrator M:\Finance\Common\Board\Board98.WK4 N-4 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 23, 1998 Savings from 1997-98 debt fund 321,772.00 FY98-99 Original budget appropriation 2,000,000.00 Balance at December 15, 1998 $5,104,815.00 Respectfully Submitted, ~~ ~.~~ Diane D. Hyatt Director of Finance Approved By, Elmer C. Hodge County Administrator M:\Finance\Common\Board\Schoo198.WK4 t ~ ~ ACTION NO. ITEM NUMBER N" AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: December 15, 1998. AGENDA ITEMS: Statement of the Treasurer's Accountability per Investments and Portfolio Policy, as of November 30, 1998. COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: BANKERS ACCEPTANCE: BANK OF AMERICA 1,811,059.67 CRAI G I E 3, 973,793.06 SUNTRUST 995,127.90 WHEAT 1ST UNION 1,990,206.94 8,770,187.57 CERTIFICATE OF DEPOSITS: FIRST AMERICAN 100,000.00 SOUTHWEST VIRGINIA SAVINGS & LOAN 100,000.00 200,000.00 COMMERICAL PAPER: BANK OF AMERICA 993,341.67 CRESTAR 991, 755.56 PAI NE-WEBBER 2,979,680.56 SUNTRUST 1,986,675.00 WACHOVIA 993,712.50 WHEAT 1ST UNION 992,416.67 8,937,581.96 GOVERNMENT: BANK OF AMERICA 1,001,665.75 CRAIGIE 1,476,854.17 JC BRADFORD 3,963,630.28 6,442,150.20 LOCAL GOVT INVESTMENT POOL: GENERAL FUND 10,324,899.21 RESOURCE AUTHORITY 1,756,709.41 12,081,608.62 MONEY MARKET: CRESTAR 8,243,544.40 8,243,544.40 CASH INVESTMENTS: WACHOVIA 2,212,911.33 MENTOR (GEN. OPER) 5,029,093.57 MENTOR (RES. AUTH.) 5,355,897.81 LB&T 3,017,724.78 15,615,627.49 TOTAL 60,290 700.24 -1- ---_ page 1 of 2 A r ' MEETING DATE: December 15, 1998. AGENDA ITEMS: Statement of the Treasurer's Accountability per Investments and Portfolio Policy, as of November 30, 1998. COUNTY ADMINISTRATOR'S COMMENTS: STAFF RECOMMENDATION: Respectf Ily Submitt d by A ed C. Anderson County Treasurer Approved by: C~ N-5 Elmer C. Hodge County Administrator ACTION VOTE Approved ()Motion by: No Yes Abs Denied () Harrison Received () Johnson Referred () McNamara _ _ To O Minnix Nickens page 2 of 2 t 1 ACTION N0. ITEM NO. _ ~ '_'_~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: December 15, 1998 AGEI~iI~A__~TEM: Planning Commission 1999 Workprogram Priorities BACKG13O.UND During November, the Planning Commission discussed project ideas for 1999. Seven priorities were identified. A listing and short description of each project is attached to this report. The Commission requested that the staff focus its resources on projects near the top of the priority list. The Commission does not expect that all seven project ideas will be completed within 1999. Projects not started within 1999 will be reevaluated for the year 2000 workprogram. Also discussed by the Commission was the completion of its work and review of the rezoning for the Roanoke County Center for Research and Technology (RCCRT). This item was referred back to the Commission by the Board for further evaluation of the private roads serving the Lone Eagle area. The Commission believes that the private road issue is key to the cluster housing and ridgetop protection provisions to be developed. Given that RCCRT is a top priority, the Commission recommends that the Board proceed with the rezoning of this area exclusive of the Lone Eagle district. The Lone Eagles can be amended to the RCCRT master plan once the private road issues are resolved. b- i 2 In addition to the Commission's priorities, the Community Development staff, in consultation with the County Administrator have also identified other possible projects for 1999. These projects include: • A continuation of the I-81 corridor work, • A land use evaluation of transportation corridors such as the Colonial Avenue corridor, • Development of programs to enhance the economic potential and vitality of our existing commercial corridors, • An analysis of the future need for and location of multifamily and other forms of affordable housing within the county, • An analysis of the economic impacts of tax exempt not- for profit organizations, and, • Continued analysis of alternative uses of the Catawba Farm, with a possible expansion to include the Catawba Hospital property. Your worksession on the 15th will be an opportunity to review and discuss these workprogram priorities and to propose to the staff any additional or modified priorities of the Board. Staff recommends as follows: 1. That the Board of Supervisors hold a worksession on December 15th to discuss 1999 Planning Commission priorities. S V "'" 3 Respectfully Submitted, Terrance L. arr ton, AICP Departmen of Community Development Action Approved ( ) Motion by Denied ( ) ___ Received ( ) Referred to Approved, Elmer C. Hodge County Administrator Vote No Yes Abs Harrison Johnson McNamara Minnix Nickens ~~ 1999 Planning Commission Project Priority List 1. Complete Minor Zoning Amendment Package This project involves the preparation of a series of minor amendments to the zoning ordinance. These amendments are necessary because of changes in state enabling legislation, or because of our experiences in administering the ordinance have shown that minor amendments are needed. A Planning Commission Public Hearing on these amendments will be scheduled for February. 2. Develop Cluster Housing Ordinance These provisions will enable and promote cluster housing in Roanoke County. It is envisioned that "urban" cluster provisions will be developed to promote infill development in the more urban portions of the county. "Rural" cluster provisions will also be addressed to promote and/or require more compact forms of development in our rural areas. These provisions will be developed with a sensitivity to other Roanoke County objectives such as the protection of steep slopes, ridgetops, significant viewsheds, and overall growth policies of the County. 3. Set Priorities for Greenway Construction Roanoke County staff will work with members of the Planning Commission and representatives of the Greenway Commission to set priorities for Greenway construction within Roanoke County. The Roanoke Valley Conceptual Greenway Plan will be used as a guide. Top project priorities will be identified, and more refined planning of the top priorities will be undertaken to determine desirable routes and feasibility. 4. Develop Ridgetop Protection Overlay Ordinance These ordinance provisions will specify development standards and procedures for landowners wishing to develop at the highest elevations within the county. The project will involve the preparation of overlay zoning maps. These maps will define areas where the special development regulations will apply. Zoning ordinance text provisions will define the development standards and procedures for these mapped areas. 5. Develop BRP and AT Overlay Ordinance(s) Similar to # 4 above this workprogram item will define standards and procedures for development within the critical viewsheds of the Appalachian Trail and Blue Ridge Parkway. Mapping of these viewsheds has been completed for the Parkway and is included in the ~~, Community Plan. Mapping of the Appalachian Trail viewsheds is underway. 6. Expand/Define Roles of Neighborhood Councils The Neighborhood Councils are a very valuable component of the community participation features of the Community Plan. This workprogram item will be to further define and expanded the role of these councils so that they can be continuously involved in community planning decisions that affect various Roanoke County neighborhoods. 7. Develop Interchange Zoning Districts This workprogram item will evaluate land uses and development potential for Roanoke County interchanges along I-81 and possibly the Blue Ridge Parkway. Development feasibility will be evaluated, and zoning standards and recommendations will be developed to ensure the appropriate development of these areas. . . ACTION NUMBER 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: December 15, 1998 AGENDA ITEM: Request for a work session to consider the Hazard Mitigation Grant Project, Roanoke County - Carvin Creek. COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The Commonwealth of Virginia Department of Emergency Services has notified us of the approval of our grant application to fund the acquisition of flood-prone homes in the Sun Valley/Palm Valley area of Roanoke County. Staff is requesting that the Board of Supervisors conduct a work session on December 15, 1998 to consider the acceptance and funding of the proposed project. Listed below is a summary and costs for this project. Project Summary: As a result of the Roanoke Valley Regional Stormwater Management Plan by Dewberry and Davis, the Sun Valley/Palm Valley community was selected because of having the largest concentration of homes in the County with flooding depths of 3 feet or greater. Twenty-three homes in this area were identified in the Regional Stormwater Management Plan as candidates for acquisition based on severity of flooding. The original grant application was for $1 million and would have included thirteen of those homes, however, that amount was subsequently reduced to $688,100.00 and the application was amended to show acquisition of only eight. The eight homes selected were based on a ranking within the floodway and the flooding depths. The grant is awarded by FEMA (Federal Emergency Management Agency) and is administered by the Commonwealth of Virginia Department of Emergency Services. A summary of the proposed costs for this project is outlined below. 1 Summary of Costs: Federal Share Administrative Costs (to locality) State Share (VADES) County Share TOTAL PROJECT COST $516,075.00 75.0% 14,762.00 2.2% 37,500.00 5.4% 119.763.00 17.4% $688,100.00 100% The 1992 bond referendum included $210,000 for projects identified from the Regional Stormwater Management Plan and is available for Roanoke County's share of this project. In the future, County staff hopes to apply for additional grants. Additional information such as maps, pictures, etc., will be presented at the work session. SUBMITTED BY: APPROVED BY: ~ 1 ~~ ,~ ~ ~. ~~,~. ~-' ~%~ ,,, ~~, / ~ LPL ~~~ Georg . Simpso ,III, P.E., Assistant Director Elmer C. Hodge Department of Community Development County Administrator Approved ( ) Denied ( ) Received ( ) Referred ( ) To ( ) ACTION Motion by: VOTE No Yes Abs Harrison Johnson McNamara Minnix Nickens 2 ACTION N0. ITEM NO . ~,~""~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: December 15, 1998 AGENDA ITEM: Work Session Board Organization and Procedure COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: On November 12, 1998, I provided the Board with a draft ordinance establishing a County Board Organization and Procedure. This draft is based upon a model ordinance prepared by the National Institute of Municipal Law Officers and ordinances from several jurisdictions from around the country. On December 1, 1998, Dr. Nickens requested a work session on this matter be scheduled and held on December 15, 1998. These rules of procedure set out in written form the various unwritten procedures that have evolved over the past several years and followed by the County. I would like to direct the Board's attention to several key provisions: Sec. 2-103, Special Meetings, which adopts a method for calling special meetings; Sec. 2-104, Work Sessions, which formalizes our informal practice of work sessions; Sec. 2-114, Agenda, which establishes certain deadlines for agenda preparation and the methods to add items to the agenda; Sec. 2-115, Rules of Debate, which incorporates certain rules for reconsideration, as well as attempting to establish certain ground rules for legislative debate; and, Sec. 2-124, which delineates the differences between ordinances, resolutions and other Board actions, the preparation and sponsorship of ordinances, and emergency ordinances. 1 (~- 3 STAFF RECOMMENDATION: It is recommended that the Board consider this proposed ordinance in Work Session, make appropriate changes, and schedule the first reading on this ordinance for your organizational meeting on January 4, 1999, or for the meeting on January 12, 1999. Respectfully submitted, Action Approved ( ) Denied ( ) Received ( ) Referred to Motion by ~ ,~~~ Paul M. Mahoney County Attorney Vote No Yes Abs Harrison Johnson McNamara Minnix Nickens G:\ATTORNEY\PMM\BOSORGAN.RPT 2 ARTICLE V of CHAPTER 2 COUNTY BOARD ORGANIZATION AND PROCEDURE Section 2-101 Authority 2-102 Regular Meetings 2-103 Special Meetings 2-104 Study Sessions 2-105 Executive Sessions 2-106 Minutes 2-107 Supervisor Order Book 2-108 The Presiding Officer - Election and Duties 2-109 Call to Order - Presiding Officer 2-110 Roll Call 2-111 Quorum 2-112 Rules of Order 2-113 Order of Business 2-114 Agenda 2-115 Rules of Debate 2-116 Addressing the Board 2-117 Addressing the Board after Motion Made 2-118 Manner of Addressing the Council Time Limit 2-119 Silence Constitutes Affirmative Vote 2-120 Decorum 2-121 Enforcement of Decorum 2-122 Persons Authorized to Be within Rail 2-123 Members May File Protests against Council Action 2-124 Ordinances, Resolutions, Motions and Contracts 2-125 Reports and Resolutions to Be Filed with Clerk 2-126 Adjournment 2-127 Creation of Committees, Boards and Commissions 2-128 Suspension and Amendment of these Rules SECTION 2-101. Authority. p- 3 The Charter of the County of Roanoke (Section 3.09) provides that the Board of Supervisors may determine its own rules of procedure for meetings. The following set of rules shall be in effect upon their adoption by the Board and until such time as they are amended or new rules are adopted. SECTION 2-102. Regular Meetings. (a) All regular meetings of the Board shall be open to the public, unless closed pursuant to state law. (b) The Board shall hold regular meetings on such days as may be 1 ~° ~ prescribed by resolution at the annual organizational meeting in January of each year, but in no event shall less than six meetings be held in each fiscal year. When the day fixed for any regular meeting of the Board falls upon a day designated by law as a legal or national holiday, such meeting shall be held at the same hour on the next succeeding day not a holiday. (c) Any meeting of the Board may be adjourned to a later date and time, provided that no adjournment shall be for a longer period than until the next regular meeting. (d) All regular meetings of the Board shall be held in the Board Meeting Room of the County. (e) The Board may by resolution, when necessary, change the time and place of the regular meeting. The resolution shall set forth the circumstances necessitating such change. Such resolution shall be published once in the official newspaper(s) at least twenty-four (24) hours prior to the meeting to be held pursuant to the change. Twenty- four (24) hours prior to the meeting to be held pursuant to such change, the County Clerk shall give each Board member written notice, personally or by registered mail, of any change from the regular meeting days established by this section. (f) Except for properly-called executive sessions as permitted by state law, all regular meetings of the County Board and its committees shall be open to the media, freely subject to recording by radio, television and photography at any time, provided that such arrangements do not interfere with the orderly conduct of the meetings under such rules as the Board may prescribe. SECTION 2-103. Special Meetings. (a) The Chair or two members of the Board may call special meetings of the Board whenever in their opinion the public business may require it. (b) Whenever a special meeting shall be called, notice in writing signed by the Chair of the Board or two members of the Board shall be filed with the Clerk and delivered upon each member of the Board either in person or by notice left at his place of residence or business, stating the date and hour of the meeting and the purpose for which such meeting is called, and no business shall be transacted at the meeting except such as is stated in the notice. (c) No special meeting shall be held until at least twenty-four (24) hours after the call is issued. SECTION 2-104. Work Sessions. (a) The Board may meet informally in work sessions which shall be 2 C~- 3 open to the general public, at the call of the County Administrator or of any three (3) members of the Board, to review forthcoming programs of the County, receive progress reports on current programs or projects, or receive other similar information from the County Administrator, provided that all discussions and conclusions thereon shall be informal. (b) Work sessions shall not continue past two (2) hours of their starting time unless the majority of those Board members present choose to continue. SECTION 2-105. Executive Sessions. Executive sessions or closed meetings may be held in accordance with the provisions of the Virginia Freedom of Information Act. SECTION 2-106. Minutes. (a) Minutes of all regular and special meetings and work sessions shall be recorded. Such minutes shall be maintained in the office of the Clerk of the Board of Supervisors. The minutes shall reflect: (1) The date, time and place of the meeting or session; (2) The members recorded as either present or absent; (3) A general description of all matters proposed, discussed or decided; and (4) Record of any votes taken. (b) Approval of minutes of all but executive meetings or sessions shall be considered at a regular Board meeting. It shall not be necessary to read the minutes prior to approval. Such minutes may be revised by the Clerk to correct spelling, numbering and other such technical defects. Prior to approval, any member may, through the Chair, request the privilege of amending or correcting the minutes to accurately reflect the substance of the prior meeting. If objection is made by any Board member to such amendment or correction, a majority vote of the Board shall be necessary for adoption of the correction or amendment. The Chair shall sign the adopted minutes. (c) The Clerk shall keep video or audio recordings of Board meetings for a period of two years after the date of that meeting. SECTION 2-107. Supervisor Order Book (a) A journal of all proceedings of the Board shall be kept by the Clerk and shall be entered in a book constituting the official record of the Board. (b) The journal of proceedings shall be open to public inspection, 3 except for proceedings of executive or closed meetings, as permitted by state law. SECTION 2-108. The Presiding Officer Election and Duties. (a) The presiding officer of the Board shall be the Chair, who shall be elected annually at the first meeting in January of each year, by the Board members, from their membership. The Chair shall assume the duties of the presiding officer immediately following his election. (b) The Chair shall preserve strict order and decorum at all regular and special meetings of the Board and confine members in debates to the question under discussion. (c) The Chair shall state every question coming before the Board, announce the decision of the Board on all subjects and decide all questions of order, subject, however, to an appeal to the Board, in which event a majority vote of the Board shall govern and conclusively determine such question of order. (d) The Chair shall vote on all questions, his name being called last. (e) The Board shall elect a Vice Chair on an annual basis by the Board members from their membership, who shall preside in the absence of the Chair. (f) In the absence of the Vice Chair, the Chair may call any other member to temporarily chair the meeting in order to take part in debate, to make a motion, or to cover a temporary absence. Such substitution shall not continue beyond adjournment. (g) During the absence of the Chair, the Vice Chair shall discharge the duties and exercise the powers and authority of the Chair. In the absence of the Vice Chair, the Chair shall appoint any member of the Board to preside in his absence. The Board member so chosen shall discharge the duties and exercise the powers and authority of the Chair. The member of the Board presiding, whether he be the Vice Chair or a member of the Board appointed by the Chair, shall vote on all questions before the Board during the time he is presiding. SECTION 2-109. Call to Order - Presiding Officer. (a) The Chair of the Board, or in his absence, the Vice Chair, shall take the chair precisely at the hour appointed for the meeting, and shall (a) Roll call. immediately call the Board to order. (b) In the absence of the Chair or the Vice Chair, the County Administrator, shall call the Board to order, whereupon a temporary Chair shall be elected by the members of the Board then present. 4 p- 3 (c) Upon the arrival of the Chair or Vice Chair, the temporary Chair shall immediately relinquish the position of presiding officer upon the conclusion of the business immediately before the Board. SECTION 2-110. Roll Call. Before proceeding with the business of the Board, the Clerk or the Deputy Clerk shall call the roll of the members, and the names of those present shall be entered in the minutes. SECTION 2-111. Quorum. A majority of the members of the Board shall constitute a quorum and be necessary for the transaction of business. If a quorum is not present, those in attendance shall be named and shall adjourn to a later time. SECTION 2-112. Rules of Order. "The Scott, Foresman Robert's Rules of Order Newly Revised (1990 Edition)" shall govern the proceedings of the Board in all cases, unless they are in conflict with these rules. SECTION 2-113. Order of Business. Promptly at the hour set by law on the day of each regular meeting, the members of the Board shall take their regular stations in the Board Meeting Room, and the business of the Board shall be taken up for consideration and disposition as follows, provided however, that the Chair may, during the meeting, rearrange items on the agenda to conduct the Board's business in a more expeditious manner. Opening Ceremonies Requests to Postpone, Add To, or Change the Order of Agenda Items Proclamations, Resolutions, Recognitions and Awards Briefings New Business Request for Public Hearings and First Reading of Consent Agenda First Reading of Ordinances Second Reading of Ordinances Appointments Consent Agenda Citizens' Comments and Communications Reports Work Sessions Executive Session [as required] Public Hearing and First Reading of Ordinances Public Hearing and Second Reading of Ordinances Reports and Inquiries of Board Members Adjournment Rezoning Ordinance- 5 ~3 SECTION 2-114. Agenda. (a) All reports, communications, ordinances, resolutions, contract documents, or other matters to be submitted to the Board for consideration shall be delivered to the Clerk at least three working days prior to each Board meeting, whereupon the Clerk, under the direction of the County Administrator, shall immediately arrange a list of such matters according to the Order of Business and furnish each member of the Board, the County Administrator and the County Attorney with a copy of the same at least twenty four (24) hours prior to the Board meeting and as far in advance of the meeting as time for preparation will permit. (b) None of the foregoing matters shall be presented to the Board by administrative officials except those of an urgent nature, and the same, when so presented, shall have the written approval of the County Administrator before presentation. (c) The agenda shall provide a time when any Board member may bring before the Board any business that he feels should be deliberated upon by the Board. These matters need not be specifically listed on the agenda, but formal action on such matters shall be deferred until a subsequent Board meeting, except that immediate action may be taken upon a vote of two-thirds (2/3) of all members of the Board. SECTION 2-115. Rules of Debate. (a) The Chair or Vice Chair or such other member of the Board as may be presiding may move, second and debate from the chair, subject only to such limitations of debate as are by these rules imposed on all members and shall not be deprived of any of the rights and privileges of a Board member by reason of acting as the presiding officer. (b) Every member desiring to speak shall address the Chair, and, upon recognition by the presiding officer, shall confine himself to the question under debate, avoiding all personalities and indecorous language. (c) A member, once recognized, shall not be interrupted when speaking unless it is to be called to order, or as herein otherwise provided. If a member, while speaking, be called to order, he shall cease speaking until the question of order be determined, and, if in order, he shall be permitted to proceed. (d) The Board member moving the adoption of an ordinance or resolution shall have the privilege of closing the debate. (e) When any motion, resolution, or ordinance has been once acted upon the Board, it cannot be considered again at the same meeting except by a motion to reconsider. Any action of the Board, including final action on applications for changes in land use classifications, motions to suspend the rules, an affirmative vote to lay on the table or to take from the table, shall be subject to a motion to reconsider. When a 6 (~- 3 motion to reconsider has been once acted upon, it (the motion to reconsider) cannot be repeated on the same question unless the question was amended when previously considered. A motion to reconsider any action taken by the Board may be made only at the meeting such action was taken or at the next regular meeting. Such motion must be made by one of the prevailing side, but may be seconded by any member, and may be made at anytime and have precedence over all other motions or while a member has the floor; it shall be debatable. All motions to reconsider shall be decided by a majority vote of the members present. (f) Upon passage of a motion to reconsider, the subject matter shall be placed on the agenda of the next regular Board meeting for any action the Board deems advisable. Upon passage of a motion to reconsider on an application for change in land use classification, the subject matter shall be scheduled for a public hearing after publication of legal notice at a subsequent meeting of the Board. (g) When the Board wishes to annul some action it has previously taken and it is too late to reconsider the vote, a motion to rescind the objectionable resolution, order, or other proceeding may be made. Any action of the Board may be rescinded regardless of the time that has elapsed. A motion to rescind is not in order if action has already been taken which cannot be undone. (h) Nothing herein shall be construed to prevent any member of the Board from making or remaking the same or any other motion at a subsequent meeting of the Board. SECTION 2-116. Addressing the Board (a) Any person desiring to address the Board by oral communication shall first complete and file an appearance request form, and secure the permission of the presiding officer provided, however, that preference will be given to those persons who have notified the Clerk by noon of the preceding the Board meeting of their desire to address the Board. SECTION 2-117. Addressing the Board after Motion Made. After a motion is made by the Board, no person shall address the Board without first securing the permission of the presiding officer to do so. SECTION 2-118. Manner of Addressing the Board - Time Limit. (a) Each person addressing the Board shall step up to the microphone in front of the podium, shall give his name and address in an audible tone of voice for the record, and unless further time is granted by the Board, shall limit his address to three minutes. (b) All remarks shall be addressed to the Board as a body and not to any member thereof. (c) No person, other than the Board and the person having the 7 ~, ~' ,~ ..~ floor, shall be permitted to enter into any discussion, either directly or through a member of the Board, without the permission of the presiding officer. (d) No question shall be asked a Board member except through the presiding officer. SECTION 2-119. Silence Constitutes Affirmative Vote. Unless a member of the Board states that he is not voting, his silence in failing to respond to a roll call shall be recorded as an affirmative vote. SECTION 2-120. Decorum. (a) While the Board is in session, the members must preserve order and decorum, and a member shall neither, by conversation or otherwise, delay or interrupt the proceedings or the peace of the Board or disturb any member while speaking or refuse to obey the orders of the Board or its presiding officer, except as otherwise herein provided. (b) Any person making personal, impertinent, or slanderous remarks or who shall become boisterous while addressing the Board shall be forthwith, by the presiding officer, barred from further audience before the Board, unless permission to continue be granted by a majority vote of the Board. SECTION 2-121. Enforcement of Decorum. (a) The Chief of Police, or such member or members of the Police Department as he may designate, may be called upon to act as Sergeant-at- Arms of the Board meetings. He, or they, shall carry out all orders and instructions given by the presiding officer for the purpose of maintaining order and decorum at the Board meeting. (b) Upon instructions of the presiding officer, it shall be the duty of the Sergeant-at-Arms, or any of them present, to place any person who violates the order and decorum of the meeting under arrest, and cause him to be prosecuted under the provisions of this Code, the complaint to be signed by the presiding officer. SECTION 2-122. Persons Authorized to Be within the Podium. No person, except County officials, their representatives and newspaper, radio, and television reporters, shall be permitted within the area in front of the podium without the express consent of the Board. SECTION 2-123. Members May File Protests against Board Action. Any Board member shall have the right to have the reasons for his 8 ~.`.~' ~' dissent from, or protest against, any action of the Board entered in the minutes. SECTION 2-124. Ordinances, Resolutions, Motions and Contracts. (a) An enacted ordinance is a legislative act prescribing general, uniform, and permanent rules of conduct relating to the governmental affairs of the County. Board action shall be taken by ordinance when required by law, or to prescribe permanent rules of conduct which continue in force until repealed, or where such conduct is enforced by penalty. An enacted resolution is an administrative act which is a formal statement of policy concerning matters of special or temporary character. Board action shall be taken by resolution when required by law and in those instances where an expression of policy more formal than a motion is desired. An enacted motion/action is a form of action taken by the Board to direct that a specific action be taken on behalf of the County. A motion/action, once approved and entered into the record, is the equivalent of a resolution in those instances where a resolution is not required by law. (b) All ordinances shall be prepared by the County Attorney and presented to the Board only in printed or type written form. No ordinance shall be prepared for presentation to the Board unless ordered by a majority vote of the Board, or requested in writing by the County Administrator, or prepared by the County Attorney on his own initiative. (c) All ordinances, resolutions and contract documents shall, before presentation to the Board, have been approved as to form and legality by the County Attorney or an authorized representative, and shall have been examined and approved for administration by the County Administrator or an authorized representative, where there are substantive matters of administration involved. All such instruments shall have first been referred to the head of the department under whose jurisdiction the administration of the subject matter of the ordinance, resolution or contract document would devolve and be approved by said department head, provided, however, that if approval is not given, then the same shall be returned to the County Administrator with a written memorandum of the reasons why such approval is withheld. In the event the questioned instrument is not redrafted to meet a department head objection, or objection is not withdrawn and approval in writing given, then the County Administrator shall so advise the Board and give the reasons advanced by the department head for withholding approval. (d) Ordinances, resolutions, and other matters or subjects requiring action by the Board must be introduced and sponsored by a member of the Board, except that the County Administrator or County Attorney may present ordinances, resolutions and other matters or subjects to the Board, and any Board member may assume sponsorship thereof by moving that such ordinances, resolutions, matters or subjects be adopted; otherwise, they shall not be considered. (e) No ordinance shall relate to more than one subject, which 9 ~w shall be clearly expressed in its title, and no ordinance, or section thereof, shall be amended or repealed unless the new ordinance contains the title of the ordinance or section amended or repealed. (f) No ordinance or resolution appropriating money exceeding the sum of $500, imposing taxes, or authorizing the borrowing of money shall be passed except by a recorded affirmative vote of a majority of all members elected to the Board. (g) The Clerk shall prepare copies of all proposed ordinances for distribution to all members of the Board at least seventy-two (72) hours before the Board meeting at which the ordinance is to be introduced. If the ordinance carries an emergency clause, copies of the ordinance must be distributed at least twelve (12) hours prior to the meeting of the Board at which said ordinance is to be considered. (h) All ordinances shall have two (2) separate readings, but the second shall never be had on the same day as the first reading. (i) Ordinances introduced at a Board meeting shall not be finally acted upon until at least the next official meeting, except that emergency ordinances may be acted on immediately, and provided further that an affirmative vote of at least four members of the Board shall be required for the final passage of an emergency ordinance. (j) The yeas and noes shall be taken upon the passage of all ordinances and resolutions and entered upon the official record of the Board. (k) An affirmative vote of at least a majority of the members of the Board shall be necessary to pass an ordinance, but a resolution, motion, or any other proposition may be adopted by a majority voting on the issue. When any vote is called each Board member shall respond "yes (aye)," "no," "abstain," or "pass. Any Board member who responds "pass" shall be given an opportunity at the end of the roll call to change his vote to "yes (aye)," "no," or "abstain." Any "pass" response not so changed shall be recorded as an abstention. (1) In the event of a tie in votes on any motion, due to an absence of a Board member, consideration of the motion shall be carried over until the next regular meeting. In the event of a tie vote on any motion due to an abstention, the motion shall be considered to have been defeated. (m) Upon passage, a number shall be assigned to each ordinance or resolution by the Clerk. (n) When passed by the Board, all ordinances and resolutions shall be attested by the Clerk; and it shall be immediately filed and thereafter preserved in the office of the Clerk. (o) Any member of the County Board may request the County Administrator or County Attorney to have prepared proposed ordinance(s) 10 f~ - 3 with such ordinance(s) to be placed on the agenda of the next scheduled Board meeting, provided the ordinance(s) can be drafted and distributed to members of the Board in accordance with time schedules set forth in Section (f) of these rules. (p) Any member of the County Board may request written legal opinions, relating to County business, from the County Attorney. (q) The County Attorney shall forthwith cause to have distributed the subject ordinance or written legal opinion to all members of the Board so that all members of the Board may be fully informed of the status of County affairs. (r) Any member of the Board may, for purposes of inquiry, request verbal opinion or advice on County legal matters directly from the County Attorney. SECTION 2-125. Reports and Resolutions to Be filed with Clerk. All reports and resolutions shall be filed with the Clerk and entered in the minutes. SECTION 2-126. Adjournment. A motion to adjourn shall always be in order and decided without debate. SECTION 2-127. Creation of Committees, Boards and Commissions. (a) The Board may create committees, boards, and commissions to assist in the conduct of the operation of the County government with such duties as the Board may specify not inconsistent with the County Charter or County Code. (b) Membership and selection of members shall be as provided by the Board if not specified by the County Charter or County Code. (c) Any committee, board, or commission so created shall cease to exist upon the accomplishment of the special purpose for which it was created, or when abolished by a majority vote of the Board. (d) No committee so appointed shall have powers other than advisory to the Board or the County Administrator except as otherwise specified by the County Charter or County Code. SECTION 2-128. Suspension and Amendment of these Rules. (a) Any provision of these rules not governed by the County Charter or County code may be temporarily suspended by a vote of a two- thirds of the Board. The vote on any such suspension shall be taken by yeses and noes and entered upon the record. 11 (~ - 3 (b) These rules may be amended, or new rules adopted, by a majority vote of all members of the Board, provided that the proposed amendments or new rules shall have been introduced into the record at a prior Board meeting. U:\WPDOCS\NIMLO.ORD 12 b-~ WORK SESSION - IiAZARD MITIGATION GRANT PROJECT CARVIN CREEK (SUN VALLEY/PALM VALLEY) AGENDA DECEMBER 15, 1998 I. OPENING REMARKS Elmer Hodge II. OVERVIEW OF GRANT George Simpson III. DEFINITION OF TERMS Butch Workman IV. EXPLANATION OF PROJECT Butch Workman, George Simpson V. BUYOUT POLICY AND PURCHASE George Simpson AGREEMENT VI. QUESTIONS AND ANSWERS 4 Considerations in Determining Priority: 1. Depth of Flooding (100 year); ate o Determinin Fg actor I 100 yr flood depth>8' II 100 yr flood depth 3-8' III 100 yr flood depth<3' 2. Location in floodway/floodplain 3. Frequency of flooding 4. Contiguous properties 5. Use of property (park, greenway) 6. Benefit-Cost Analysis 7. Riverain vs Surface Flooding 8. Future Benefits From Projects Action Recommended purchase or relocate elevate, relocate or purchase dry floodproof or elevate COUNTY OF ROANOKE HAZARD MITIGATION GRANT PROGRAM - CARVIN CREEK ACQUISITION POLICY December 15, 1998 ROANOKE COUNTY, VIRGINIA TABLE OF CONTENTS Program Summary Carvin Creek Acquisition Policy Acquisition Worksheet Voluntary Transaction Agreement 2 Request to Withdraw From Consideration Request for Addition to Waiting List Listing of Property Owners in Current Program Map of the Carvin Creek Program Area Paae 1 ~ ~~~~ 11 12 13 14 16 CARVIN CREEK HAZARD MITfGATION GRANT PROGRAM PROGRAM SUMMARY - The purpose of the Carvin Creek Hazard Mitigation Grant Program is to reduce the number of structures located in the floodplain and subject to flooding damages. The federal government is involved in this Program and considers it to be cost beneficial because it will reduce the demand for disaster assistance in the event of additional flooding in the future. - The governing agencies involved in this acquisition program are the Federal Emergency Management Agency (FEMA), the Virginia Department of Emergency Services (VDES), and the County of Roanoke. - The program will be funded with 75% from FEMA Section 404 Hazard Mitigation grant funds, and with 25% from a combination of Commonwealth of Virginia and County of Roanoke funds. - The acquisition program is voluntary, meaning that the County of Roanoke is not obligated to purchase any particular properties and the property owners must voluntarily sell their properties to the County of Roanoke. The County of Roanoke will not use the power of eminent domain for this particular program. - Once purchased, the properties must be publicly maintained for conservation, recreation, or other suitable open space designation for perpetuity. No future federal disaster assistance will be available for the subject properties purchased under this program. - This acquisition program is subject to the 75 % funding from FEMA. Should this funding not be provided in whole or in part, the program may be reduced in scope or terminated. buypolicy.wpd County of Roanoke, Virginia CARVIN CREEK HAZARD MITIGATION GRANT PROGRAM December 15, 1998 ACQUISITION POLICY Following are the procedures and polices for the program: Definitions FEMA: Federal Emergency Management Agency NFIP: National Flood Insurance Program Post-flood: Following the flood of September 6, 1996 Pre-flood: Prior to the flood of September 6, 1996 Program: Carvin Creek Hazard Mitigation Grant Program VDES: Virginia Department of Emergency Services SBA: Small Business Administration URA: Uniform Relocation Assistance and Real Property Acquisition Policies Act t. Priorities of Acquisition Program: A. Properties located in the floodway or floodplain in the Sun Valley/Palm Valley area of Carvin Creek, as shown on the attached map, and whose owners have indicated an interest in selling, are the priorities for this acquisition program. B. Properties included in the original list submitted to the Federal Emergency Management Agency (FEMA) for approval will be given first consideration. C. Upon conclusion of the acquisition process for properties on the original list, property owners in the Sun Valley/Palm Valley area of Carvin Creek that meet the eligibility criteria and have requested to be included in the acquisition program will be considered should additional funds become available. II. Eligibility Reauirements: The following eligibility requirements will be used for this program: A. Garages or outbuildings must be located on the same property to be considered a part of the program property. B. Vacant lots can be purchased in the acquisition when the property is contiguous to and assessed with the primary structure to be included in the program, 2 b~v~~~. WPa C. The title must be clear of all liens before the County of Roanoke will take title to the property. The property owner will agree to satisfy all liens or have the lien amount deducted from the purchase offer prior to the acquisition and authorize the County to pay off all liens at the closing. D. All acquisition applicants will sign a statement recognizing that the program is voluntary. In addition, the County of Roanoke may, at its sole discretion, reject a property for acquisition based on the eligibility requirements, limitation of available grant funds, or for any other considerations. E. Current property owners will be responsible for the property taxes on the structure from the first of the year through the date of the closing on a pro-rata basis. F. Demolition costs and liability expenses for a flood damaged structure will be the responsibility of the County of Roanoke only after completion of the closing. The property awner remains solely responsible for the property and the structure, and the risk of atl loss remains with the property owner until completion of the closing. G. The warranty deed on all purchased properties will include covenants to ensure that the properties must be publicly maintained for conservation, recreation, or other suitable open space designation for perpetuity. No future federal disaster assistance will be available for the subject properties purchased under this program. H. This acquisition program is subject to the 75% funding from FEMA. Should this funding not be provided in whole or in part, the program may be reduced in scope or terminated. III. Market Value Determination: The fol%wing procedures wil! be used to establish fair market value of the structures to be purchased.• A. A licensed, independent appraiser, selected by the County, will conduct apre-flood appraisal of the property, land, and structures to be purchased. Based on this appraisal, property owners will be offered pre-flood fair market value less any duplication of benefits as defined in the following section. Property owners will be afforded the opportunity to provide information to the appraiser regarding major pre-flood improvements to the property which can be documented. 8. In the event that a structure{s} has already been demolished due to health and/or safety concerns prior to the date of appraisal, the appraiser shall determine an appraisal price for the structures} based on the pre-flood market value for comparable structures in the area and the County of Roanoke assessment for June 1996. 3 turaorcv.wPd C. In the event that the appraisal less duplication of benefits is a negative figure and the property owner still desires to sell the property in the acquisition, the property owner will be offered the assessed value of the land only (not the structure) as determined by the pre-flood County of Roanoke assessment. However, the County of Roanoke will take fee simple ownership to both the structure and the land. D. For tracts of land over one acre in size, the County of Roanoke will have the option to include only the land under and immediately around the structure (1 acre or less) to be agreed upon by the property owner and the County of Roanoke. The cost to survey and record the smaller parcel and necessary attorney's fees will be paid by the acquisition program. E. tf the property owner purchased the property after the disaster declaration, then the County of Roanoke cannot offer the owner more than the post-flood fair market value. The property owner will not be offered pre-flood fair market value if they were not the property owner during the flood of September 6,1996. In addition, any benefits the previous property owner received for repair of the property will not be deducted from the offer to purchase. F. Rental or lease-to-own properties will be addressed on a case-by-case basis depending on contract stipulations. G. The County of Roanoke reserves the right to modify any guideline in this policy to conform with state or federal regulations regarding acquisition funds. IV. Duplication of Benefits A. Bac~Caround Federal regulations require that previous federal dollars related to structural home repair or replacement will be considered an offset (cash advance) toward the purchase price of the acquisition property. The offset amount must be deducted from the settlement offer, unless the property owner is able to produce documentation that the awards were reinvested into the flooded property. Review of the Hazard Mitigation Duplication of Benefits is managed by FEMA. B. Process A preliminary review of each property on the initial list will be submitted to FEMA including the damaged dwellings address, homeowner's name, address, and phone number; and any information regarding assistance received for the flooded property. An official duplication of benefits request will be submitted on each property after the appraisal has been completed. Information on benefits received will be provided by FEMA to the local community for the purpose of determining the purchase offer only. This information will be considered privileged information and will only be provided to the property owner and the grant administrator. This information will 4 buypoficy.wpd not voluntarily be provided to any other parties unless required by applicable laws or regulations. C. Tvoes of Duplication of Benefits The following are the types of assistance that will be deducted from fair market value above: Nationa/ F/ood /nsurance Program (NF/P) Sett/ements -NFIP deductions will be researched and figured for any homeowners involved in the acquisition that have received NFIP settlements for real property. The real property settlement is the only portion of an NFIP settlement that will be considered. Any settlement for contents will no be deducted from the purchase offer. If the homeowner has already made repairs as outlined in the Property Information section of the Carvin Creek Hazard Mitigation Grant Program Worksheet, the amount verified by repair receipts will not be deducted. Funding from other federal state or local agencies received specifically for structura/ repairs. If the homeowner has already made repairs as outlined in the Property Information section of the Carvin Creek Hazard Mitigation Grant Program Worksheet, the amount verified by repair receipts will not be deducted. V. Replacement Requirements: A. In the event that the property owner obtained apost-flood Small Business Administration (SBA) loan to repair and/or replace a structure included in the program, any proceeds from the acquisition must first be applied to the SBA loan. If there is a balance on the SBA loan, the balance will be transferred as a lien on the new property purchased by the property owner with the loan funds. B. Any properties involved in the acquisition that were rented a minimum of 90 days prior to the presentation of the acquisition offer, the property owner will be required to follow the requirements of the URA. Renters will be offered relocation assistance directly from the grant funds. Rental relocation assistance will be figured as follows: the new rental amount (comparable housing) plus average utilities minus the old rental amount times 42 months OR $5,250.00, whichever is less. In the event that FEMA modifies the relocation policy for renters, the County of Roanoke reserves the right to modify this acquisition policy to reflect the national guidelines. C. Each property owner is responsible for any and all applicable taxes on any proceeds from this program 5 twv~r~v.wr~ VI. SteAS of Acquisition Process: The following is a brief outline of the steps of the acquisition process for property owners: A. Public meeting with program overview. B. Initial interview including property owner, appraiser, property acquisition specialists} and grant administrator. C. Appropriate site and structural environmental assessments D. Appraisal/title search completed. E. Duplication of benefits determined. F. Property owner presented the offer to purchase (appraisal less any duplication of bene#its}. Property owner given 60 days from receipt of the offer to consider the offer. G. Meet with property owners to accept or reject the offer to purchase after the consideration period. If accepted, purchase agreement to be signed by the property owner. H. Property owner has 90 days to remove all belongings and salvage material from structure prior to closing. This time period may be reduced or eliminated at the request of the property owner and upon agreement of the parties. Meet with property owners following required time period to close on property and transfer title to County of Roanoke. J. Demolition contract bid and commencement of demolition of purchased structures. K. Demolition completed. L. Reuse plan for properties implemented by the County of Roanoke. if any provision of this program, or the application of any provision hereof to a particular entity or circumstance, sha/l be held to be invalid or unenforceable by a court or agency of competent jurisdiction, the remaining provisions of the program shall not be affected and all other terms and conditions of the program shall be va/id and enforceable to the fullest extent permitted b y la w. 6 ~,Y~~~~Y.W~ CARVIN CREEK ACQUISITION PROGRAM Worksheet Owner Suonlied Information 1. Name(s) as they Name Social Security No. Date of Birth appear on the property deed: 2. Current mailing address: 3. Telephone Number: ( 1 - (Home) ( ) - (Work) Pr~ertY, Information 4. Address of flooded property: 5. Tax Parcel Number: 6. Type of Property (circle one): Commercial Residential House Mobile Home Outbuilding Garage Other (specify): 7. Property Owner's Estimate of Value of the Structure: $ 8. Property Owner's Estimate of Value of the Land: S Combined Value: 5 9. Amount of Structural Damage from September 6, 1996 (do not include personal praperty damage): $ 7 ~,Y~~~~.W~ J~s ~~~ 1 gg H~ ~ - q ~ . yV { ~ A buypO~ICy. W (~ 10. Have repairs been made on the structure? (circle one) If repairs have been made, what is the total amount of repairs which can be documented with receipts? 11. Was the structure covered by flood insurance at the time of the September 6,1996 flood? If yes, policy number; Amount of structure insurance coverage: Amount of claim payment for structure only: 12. Are there any liens against the flood damaged property? If yes, list the liens against the property: Name of lien holder: Name of lien holder: Name of lien holder. Occupancy Information 13. On the date of disaster (September 6, 1996), was the property: (circle one) Owner Occupied Renter Occupied Vacant Secondary Dwelling (vacation home) 14. What is the current occupancy status of the structure: (circle one) Owner Occupied Renter Occupied Vacant Secondary Dwelling Demolished Other (specify): (vacation homel tf the property is currently renter occupied, provide the following information regarding the tenants: Name: Address: Phone: ( ) - Yes/No Yes/No S Yes/No 9 ~~~~.W~ 15 16. 17. Yes/No Yes/No Purchase price of new home: S Is the new home outside of the 100-year flood plain? (circle one) Yes/No 18. If no, (a new home has not been purchased), answer the following: What type of residence are you currently residing in? Apartment Rental Home Rental Trailer Nursing Home Family Member Residence Other: Do you plan on purchasing a new home? Yes/No Do you need assistance in obtaining permanent housing? Yes/No 19. Family size: Assistance Summarx 20. Did you receive any grant or assistance for flood damage repairs to your property? Yes/No If yes, list the types and amounts of assistance: Tvpe Am un Relocation Information Have you relocated from the flood damaged structure? (circle one) Have you purchased a new home? (circle one) If yes, answer #17; if no, answer #18. If yes, address of new home: If you received FEMA assistance, FEMA Control #: 10 buypolicy.wpd 21. Did you receive any flood insurance settlement(s) for structural damage(s)? Yes/No If yes, list the types and amount of assistance: Type Amount Date 22. Did you receive a Small Business Administration (SBA) Loan? Yes/No Name of lender and amount of mortgage: Lender: Amount: SBA Control #: Owner Statement of Interest As a property owner(s), by signature it is hereby stated that 1/we 'request participation in the Carvin Creek voluntary property acquisition program. It is understood that any misleading or fraudulent information contained herein may result in disqualification or delays in the voluntary acquisition of the property. Further, by signature, I/we hereby authorize the County of Roanoke to gather information from FEMA, SBA, National Flood Insurance or my homeowner's insurance, and other applicable sources or agencies pertaining to the flood recovery programs to determine non duplication of benefits. Property Owner(s): Print Full Name Date Signature Signature Signature Print Full Name Print Full Name Date Date 1 1 bwpoiicv.Wpd CARVIN CREEK ACQUISITION PROGRAM Voluntar~Transaction Agreement 1. I/we , am/are the owner(s) of the property identified by the following address: Tax Parcel Number(s): 2. I/we have been notified by the County of Roanoke of their interest in purchasing the above property, and that, if I/we agree to sell, it will be necessary for the property to be permanently vacated. 3. I/we have been notified by the County of Roanoke that pre-flood market value of the property will be offered as determined by an appraisal process. 4. I/we have been informed by the County of Roanoke in writing that I/we are not required to sell the above property to the County of Roanoke and that the County of Roanoke will not use the power of eminent domain in connection with this particular program. I/we understand that this means that I/we do not have to sell this property to the County of Roanoke. 5. I/we have been notified by the County of Roanoke that, if the above property is sold voluntarily, I am nc~t entitled to relocation benefits provided by the Uniform Relocation Assistance and Real Property Acquisition Policies Act, which is available to persons forced to abandon their property involuntarily, and 1/we will not claim any such benefits. 6. The County ofi Roanoke stipulates and agrees that the above property as of the date noted below, is not a part of an intended, planned, or designated project area where all or substantially all of the property within the area would be acquired within a specific time frame; and that the information described in paragraphs 2 through 5 has been provided to the property owner(s) noted herein. Property Owner(s): Signature Signature Signature County Administrator Print Full Name Date Print Full Name Date Print Full Name Date Date 12 n~vpohov.wpa CpRVjN CREEK ACt2UISITION PROGRAM Request to Withdraw from Consideration 1/we, (property owner[sl names) hereby certify that I/we are the rightful owners to the following property (address of f/ooded property): Tax Parcel Number: I/we hereby wish to notify the County of Roanoke of our desire to remove our property from consideration the Carvin Creek Acquisition Program. I/we hereby acknowledge that by signature of this form the above property will not be appraised, and that I/we will not be given the opportunity to sell the above property to the City of Roanoke to be purchased under the Federal Emergency Management Agency (FEMA) Section 404 Hazard Mitigation Program. I/we conclude that by signing, I/we forfeit all of our rights of opportunity for consideration for the Carvin Creek Acquisition Program. Property Owner(s): Signature Print Full Name Date Date Signature Signature Print Full Name Print Full Name Date *All property owners listed on the warranty deed to the property must sign this form. In the event that there are questions regarding the withdrawal from consideration for the acquisition, the following is an address and phone number at which the above property owners may be reached: Address: Phone: ( ) - 13 buypwicy.wpd CARVIN CREEK ACQUISITION PROGRAM Request to be added to Waiti~a List 1/we, (list of all property owners listed on the warranty deed) hereby certify that we are the rightful property owners to the following property (address of f/ooded property): Tax Parcel Number: I/we hereby would like to request being added to the waiting list for consideration of the voluntary acquisition program for the Sun Valley/Palm Valley area. I/we understand that in the event of an excess of funds after the initial list of properties has been considered, that our property will be considered for acquisition, subject to eligibility requirements. I/we also understand that the acquisition remains voluntary and that by signing this form, I/we have only expressed a request to be considered for future purchase in the acquisition program, and that I/we can withdraw this request at any time prior to signing a Purchase Agreement. I/we also understand that a future or expanded acquisition program may not be funded, in which case, my property would not be eligible for purchase. Property Owner(s-: Signature Signature Signature Print Full Name Date Print Full Name Date Print Full Name Date 14 nuvPorcy.WPd /~El property owners listed on the warranty deed to the property must sign this form. 15 buypolicy.wpd CARVIN CREEK RELOCATION PROGRAM PURCHASE AND SALE AGREEMENT This Purchase and Sale Agreement is made and entered into by and between the County of Roanoke, a municipal corporation organized and existing under the laws of the Commonwealth of Virginia ("County"), acting pursuant to its municipal powers in administering a FEMA Hazard Mitigation Grant Program (HMGP), and ("Seller") and dated this day of 1999, for identification purposes only. WHEREAS, Seller is the fee simple owner of land and all improvements thereon and appurtenances added thereto located in the County of Roanoke, Virginia, commonly known as more particularly described as and identified by Official Tax Map Number (the "Property"). In consideration of the covenants and obligations herein, the parties agree as follows: 1. Purchase Price. The County agrees to purchase all the Seller's right, title and interest in the Property for Dollars ($ ) (the "Purchase Price"), payable on the _ day of , 19_, or at such date as the parties may mutually agree (the "Closing Date")' which sum shall be reduced by any amounts paid by the County on behalf of the Seller for the purposes set forth in paragraph 9A and shall be reduced by any amounts for required deductions set forth in paragraph 9B. The Seller shall receive no other compensation from the County for the Seller's right, title and interest in the Property. 2. Marketability of Title. It is understood and agreed that the Property shall be conveyed with good, clear, marketable title subject to the following exceptions (hereinafter the "Permitted Exceptions"): (1) any covenants, restrictions, reservations, and easements of record prior to Seller's execution of the Agreement; and (2) all applicable zoning and building laws, regulations and ordinances. 3. Deed. On or before the Closing Date, the County shall have completed its obligations under paragraph 4, and Seller shall have completed its obligations under paragraph 8, and the Seller shall execute and deliver to the County a good and sufficient General Warranty Deed with english covenants of title, prepared at the County's expense, for the Property, in recordable form (i.e., signed and acknowledged), conveying fee simple title to the Property to the County, subject only to the Permitted Exceptions. 4. Evidence of Title. Prior to the Closing Date, the County shall have the title to the Property examined. The cost of the title examination shall be borne by the County. 1 5. Possession. On and after the Closing Date, the County shall be entitled to immediate possession of the Property. Failure of Seller to deliver possession to the County, free from the interest of any tenant or other parties, on the date of closing, shall constitute a breach of this Agreement. In the event of such a breach, the County, at its option, may terminate this Agreement or postpone closing until satisfied that Seller can transfer possession to the County and deduct damages for the delay as provided in paragraph 14. 6. Inspection of the PropertX. The County, at its expense, shall have the right to conduct such investigations, inspections and inventories of the Property as it deems reasonable or necessary prior to the Closing Date. The Seller hereby grants the County, its officers, agents, employees and independent contractors, the right to enter upon the Property at reasonable times upon reasonable notice, oral or written, from time to time after the date of this Agreement for the purposes of investigating, inspecting and performing inventories of the Property and for other purposes consistent with County's interest under this Agreement. The making of such investigations, inspections and inventories by the County, regardless of the outcome thereof, shall not affect the Seller's representations or warranties set forth in this Agreement. 7. Removal of Personal Propertx. Prior to the Closing Date, Seller, at its own expense, shall remove all personal property except fixtures from the Property. Prior to the Closing Date, Seller shall execute and deliver to the County the Certificate of Personal Property Removal and Termination of Utility Service, attached as Exhibit "A." In the event Seller fails to remove any personal property, excluding fixtures, from the Property prior to the Closing Date, the County may use a portion of the Purchase Price to satisfy the Seller's obligations under this paragraph. 8. No Holdover Period for Occupants. The Seller shall ensure that they and all other current occupants vacate the Property prior to the Closing Date. If such vacation does not occur, the County, at its option, may terminate this Agreement or reschedule the date of closing. 9. Application of Purchase Price and Deductions for Flood Assistance Received. A. Prior to disbursing payment to the Seller, the County may use a portion of the Purchase Price to satisfy the Seller's obligations under this document to remove personal property and to pay taxes, assessments, liens, acquisition of other parties' outstanding interests in the Property, abstracting, recording fees and other costs incidental to the conveyance by the Seller of merchantable title and exclusive possession to the County. If the Seller's property is subject to the right of third parties in possession on the date of closing, the County may postpone closing until satisfied that Seller can 2 transfer possession to the County, and may deduct damages for the delay as provided in paragraph 14. B. The Seller acknowledges that this voluntary acquisition is made pursuant to a program funded by the Federal Emergency Management Agency (FEMA). In order to prevent the duplication of federal assistance made to flood disaster victims, FEMA requires that certain types of assistance received by the Seller for flood related damage be deducted from the Purchase Price. Pursuant to FEMA requirements, the following shall be deducted from the Purchase Price: • An amount equal to all FEMA Individuals and Family Grant (IFG) program assistance received by the Seller after September 6, 1996. An amount equal to all net flood insurance proceeds received by the Seller after September 6, 1996. In addition, pursuant to FEMA requirements, the following shall be deducted from the Seller's net proceeds in the Purchase Price (after deductions are made as set forth above for IFG program assistance and flood insurance proceeds received by the Seller and after payments are made by the Seller for satisfaction of all liens, encumbrances, taxes, assessments and other costs incidental to the conveyance): • An amount equal to the outstanding balance on all Small Business Administration (SBA) real estate repair and replacement disaster loans received by the Seller after September 6, 1996, and any and all other SBA loans which are secured by the property. Following execution of this Agreement, the Seller shall provide all information requested by the County relating to FEMA, flood insurance, and SBA assistance received by the Seller for flood related damage. At the same time this Agreement is executed and delivered to the County, the Seller shall execute and deliver to the County the "Disaster Assistance Record for Participants in HMGP Projects" attached as Exhibit "B." At the closing, the County shall prepare and deliver to the Seller a document setting forth the deductions from the Purchase Price required to be made. 10. Proceeds Payable to Seller. After making deductions from the Purchase Price to discharge the obligations of Seller, as described in paragraph 9 above, the County will deliver to Seller a check for the remaining purchase price owing Seller, and the check shall be payable to Seller as their interests appear on the date of closing. 3 11. Risk of Loss. All risk of loss or damages to the Property shall remain on the Seller until closing. The County assumes no duty to insure the Property, for any loss of liability, until after closing. If there is any material change in the Property other than the removal of fixtures as contemplated by paragraph 7 above, the County shall have the option of terminating this Agreement. 12. Utilities. The Seller shall be responsible for payment of all utility expenses incurred by it or incurred by any other occupants, prior to the date of possession by the County. Seller shall ensure that service by all utility companies, including but not limited to the County, has been terminated on or before the date of closing. Prior to the Closing Date, Seller shall execute and deliver to the County the Certificate of Personal Property Removal and Termination of Utility Service attached as Exhibit « ~, A. 13. Taxes. The Seller shall pay in full all federal, state, and municipal taxes, general or special, which are a lien on the Property. Taxes for the current fiscal year (July 1 to June 30), shall be prorated as of the Closing Date. In order to avoid any late payment penalty or interest, Seller must pay all taxes when due. 14. Time is of the Essence. Time is of the essence in this Agreement. If Seller does not perform his obligations created in this Agreement in a timely fashion, then in addition to the other remedies specifically provided for in this Agreement, the County reserves any other recourse or remedy against Seller that is provided by law, or the County may, at its option, deduct from the sale proceeds as liquidated damages, the amount of One Hundred Dollars ($100.00) per day for each day that Seller's delay postpones closing. 15. Leases. The Seller represents and warrants to the County that there are no leases, tenancies or other rights of occupancy for use of any portion of the Property. The Seller shall hold harmless and indemnify the County from and against any claims which may arise or be based upon any alleged leasehold interest, tenancy or other right of occupancy or use of any portion of the Property. The foregoing representation, warranty, hold harmless and indemnity provision shall survive the Closing Date. 16. Approval of Court. If the Property is an asset of any estate, trust or guardianship, this document shall be subject to court approval prior to payment of the Purchase Price, unless declared unnecessary by the County Attorney. If court approval is necessary, the appropriate fiduciary shall promptly and diligently proceed to bring the matter up for a hearing to enable the issuance of such approval. 4 17. Environmental. A. Environmental Representations and Warranties. For purposes of this Agreement, the terms "hazardous waste" or "hazardous substance" shall include every material, waste, contaminant, chemical, toxic pollutant or other substance listed or described in any of the following sources, as amended from time to time: (1) the Resource Conservation and Recovery Act of 1976, codified at 42 U.S.C. Sections 6901, et se . (RCRA); (ii) the Comprehensive Environmental Response Compensation and Liability Act of 1980 (CERCLA), as amended by the Superfund amendments and Reauthorization Act of 1986 (SARA), codified at 42 U.S.C. Sections 9601, et sea.; (iii) the Federal Environmental Protection Agency Regulations at 40 C.F.R. Parts 122-124 and 260-265; (iv) any other federal, state or local statue or ordinance which defines "hazardous waste" or "hazardous substance," or similar terms, and which could create liability in the County or the County's successors in interest; and (v) any federal, state or local regulations, rules or orders issued or promulgated under or pursuant to any of the foregoing or otherwise by any department, agency or other administrative, regulatory or judicial body having jurisdiction over the Property (hereinafter collectively referred to as "Environmental Laws"). Without limiting the foregoing, the terms "hazardous waste" and "hazardous substance" shall also include all substances or materials containing asbestos, PCBs, hydrocarbons, or lead. The Seller hereby represents and warrants to the County that: (1) There are no abandoned wells, agricultural drainage wells, solid waste disposal areas or underground storage tanks located in, on or about the Property. (2) Except to the extent the Flood of 1996, or previous floods, have caused a condition to the contrary, there is and has been no hazardous waste stored, generated, treated, transported, installed, dumped, handled or placed in, on or about the Property. (3) At no time have any federal or state hazardous waste cleanup funds been expended with respect to any of the Property. (4) There has never been any solid waste disposal site or underground storage tank located in, on or about the Property, nor has there been any release from any underground storage tank on real property contiguous to the property which has resulted in any hazardous substance coming in contact with the Property. 5 (5) The Seller has not received any directive, citation, notice, letter or other communication, whether written or oral, from the Environmental Protection Agency, the Virginia Department of Environmental Quality, any other governmental agency with authority under any Environmental Laws, or any other person or entity regarding the release, disposal, discharge or presence of any hazardous waste on the Property, or any violation of any Environmental Laws; and (6) To the best of Seller's knowledge, neither the Property nor any real property contiguous to the Property nor any predecessors in title to the Property are in violation of or subject to any existing, pending or threatened investigation or inquiry by any governmental authority or to any removal or remedial obligations under any Environmental Laws. The foregoing representations and warranties and the Environmental Idemnifications set forth in the following subparagraph B shall survive the Closing Date. In addition, the foregoing representations and warranties and the indemnification provisions in this Agreement shall not be affected by any study, investigation or inspection of the property by the County or the County's agents. B. Environmental Indemnification. The Seller agrees to indemnify and hold harmless the County from and against any and all claims, demands, fines, penalties, causes of action, losses, damages, liabilities, expenses, and costs (including court costs and reasonable attorney's fees -which may include the value of services provided by the County Attorney -incurred by the County to enforce this provision) asserted against or incurred by the County by reason of or arising out of the breach of any representation or warranty of the Seller set forth above. C. Additional Environmental Provisions. The Seller shall not store, generate, treat, transport, install, dump, handle or place in, on or about any portion of the Property any hazardous waste or hazardous substance. If the Seller receives any notice from any governmental authority or any other party regarding the release or presence of any hazardous waste or hazardous substance on any portion of the Property, or otherwise learns of any release or presence of any hazardous waste on any portion of the Property, the Seller shall immediately notify the County of such fact. In addition, the County or its agents shall have the right to enter upon the Property at any time to perform additional environmental studies. If at any time the County, in its sole and irrevocable discretion, determines that hazardous wastes or hazardous substances are present on any portion of the Property, the 6 County may immediately terminate this Agreement. The making of such studies, regardless of the outcome thereof, shall not affect the Seller's representations or warranties set forth above. 18. Contract Bindina on Successors in Interest. This document shall apply to and bind the heirs, executors, administrators, partners, assigns and successors in interest of the respective parties. 19. Intention of Use of Words and Phrases. Words and phrases contained herein, including the acknowledgment clause, shall be construed as in the singular and plural number, and as masculine, feminine or neuter gender, according to the context. 20. Paragraph Headinas. The paragraph headings contained herein are for convenience in reference and are not intended to define or limit the scope of any provision of this document. 21. No Brokers. Seller warrants and represents that his sole contact with the County regarding this transaction has been directly between himself and the County's employees. Seller warrants and represents that no person or entity can properly claim a right to a commission, finder's fee, or other compensation based upon contracts or understandings between such claimant and Seller with respect to the transaction contemplated by this Agreement. Seller agrees to indemnify the County and to hold it harmless from any claim, loss, cost, or expense, including, without limitation, attorneys' fees resulting from any claim for a commission, finder's fee, or other compensation by any person or entity based upon such contacts or understandings. 22. Voluntary Acquisition. The Seller, as holder of all right, title and interest in property that has been substantially damaged by a flood which the President of the United States officially declared a national disaster, is aware of and acknowledges that the Seller's execution of this Agreement is a purely voluntary transaction and the Seller is under no duress nor subject to any coercive action by the County to enter into this Agreement or otherwise sell the Property, and that if the Seller enters into this Agreement, it will be necessary to move permanently from the Property. 23. Law of Virginia. The Agreement shall be construed according to the laws of the Commonwealth of Virginia. Upon execution of this Agreement, the Seller shall comply with all local, state, and federal laws and regulation related to the performance of the Agreement to the extent that the same may be applicable. 24. Entire Agreement. The entire agreement between the Seller and the County shall consist of this document. 7 25. Exhibits. To the extent they are applicable, Exhibit "A" (Certificate of Removal of Personal Property and Termination of Utility Service) and Exhibit "B" (Disaster Assistance Record for Participants in HMGP Projects) are attached hereto and by this reference made a part hereof. 26. Acceptance. By executing this Agreement and presenting it to the County, the Seller agrees not to withdraw its offer to sell upon the terms outlined in this Agreement or to take any other action affecting the title of the Property until this Agreement has been considered and either accepted or rejected by the Buyer. SEAL) SEAL) COMMONWEALTH OF VIRGINIA § CITY/COUNTY OF § The foregoing instrument was acknowledged before me this day of 19_, by (husband and wife). My Commission expires: (SEAL) ATTEST: Steve McGraw, Clerk Notary Public COUNTY OF ROANOKE, VIRGINIA By Elmer C. Hodge, County Administrator 8 COMMONWEALTH OF VIRGINIA § § COUNTY OF ROANOKE § The foregoing instrument was acknowledged before me this _ day of , 19 by Elmer C. Hodge, County Administrator, for and on behalf of the County of Roanoke. My Commission expires: (SEAL) Approved as to Form: County Attorney Notary Public 9 Certificate of Personal Property Removal and Termination of Utility Service CARVIN CREEK/RELOCATION PROGRAM 1. I/we, am/are the owner(s) of the property identified by the following address: Tax Parcel Number(s): 2. On , 1999, I/we entered into a Purchase Agreement with the County of Roanoke for the above-referenced property(ies) under the Carvin Creek/Relocation Program. 3. I/we have removed all personal property from the above-referenced properties including all personal property, mechanical equipment and salvage materials as of the date indicated below with my signature. 4. I/we will make no further claims for any personal property, mechanical equipment, or salvage materials remaining in the structure or on the parcel(s) referenced above as of the date indicated below with my signature. 5. I/we understand that failure to remove all debris not connected to or a part of the remaining structure, may forfeit that portion of the Purchase Price required to remove and properly dispose of said debris from this property. 6. I/we have had all utility services to the Property terminated as of the date indicated below with my signature. Property Owner(s): Exhibit A Signature Printed Name Date Signature Printed Name Date Signature Printed Name Date 10 Exhibit B Disaster Assistance Record for Participants in HMGP Projects Dear Property Owner: It is understood that you have expressed interest in an HMGP acquisition project funded in part with Federal funds. In order to complete the closing on your property, please provide the following information. If there are any questions, please contact George Simpson at 772-2080. GENERAL INFORMATION a) Property Owners: Name SS# Name SS# b) Address of Property: c) Current Mailing Address (if different from above) and Telephone Number: Address: Telephone: Day Evening d) FEMA Control Number assigned when you first called the National Teleregistration Center: Record of Disaster Assistance: Flood of June. 1995 1) National Flood Insurance Program (NFIP) a) Did you receive a settlement from NFIP? YES NO b) Iflf yes, state the amount received for: • Building/structural repair • Contents and personal property c) Please provide: • NFIP Policy Number • Name of Policy Holder • Insurance Company • Agent's Name (if known) • Agent's Phone Number 11 2) Homeowners Insurance a) Did you receive a settlement from homeowners insurance: YES NO b) If yes, state the amount received for: • Building/structural repair • Contents and personal property c) Please provide: • Policy Number • Name of Policy Holder • Insurance Company • Agent's Name (if known) • Agent's Phone Number 3) Human Services/Individual and Family Grant (IFG) Assistance a) Did you receive FEMA Disaster Assistance for structural repair to your house? YES NO b) If yes, please provide the amount of financial assistance received. $ c) Did you receive Individual and Family Grant Assistance for structural repair to your house? YES NO d) If yes, please provide the amount of financial assistance received. $ 4) Small Business Administration (SBA) Loans a) Did you obtain an SBA loan for structural repairs? YES NO b) If yes, please provide the following: • Loan Number • Amount of Loan (Structural Repair) 5) Farmer's Home Administration (FmHA) Loans a) Did you obtain an FmHA loan for structural repairs? b) If yes, please provide the following: • Loan Number • Amount of Loan (Structural Repa YES. NO 12 Y 6) Other Assistance a) Did you receive financial assistance from other non-governmental, volunteer or non-profit agency for structural repair to your home? YES NO b) If yes, please provide the following: • Amount for Structural Repair • Name of Agency IMPORTANT: ALL APPLICANTS SHOULD NOTE: If you received financial assistance for structural repairs to your home/property, you must have receipts to document that this money was spent for its intended use. If receipts are not available, then you must have the repairs certified by a state or local official. If receipts are available, or the repairs certified, then the amount of this assistance will not be deducted from the final settlement offer for your home. Certification I, certify that the above information is true and correct to the best of my knowledge. I understand that this information will be used for purposes of reaching the final settlement amount I am eligible to receive under the proposed project, and that providing this information does not obligate me to participate in the proposed project. Signature of Property Owner Date Signature of Property Owner Date 13 GLOSSARY OF TERMS Base Flood Elevation (BFE) The elevation for which there is a one percent chance in any given year that flood levels will equal or exceed it. The BFE is determined by statistical analysis of streamflow records for the watershed and rainfall and runoff characteristics in the general region of the watershed. Basement Any area of a structure having its floor subgrade (below ground level} on all sides. Existing Condition/Structure For floodplain management purposes, existing construction means structures for which the start of construction commences before the effective date of a floodplain management regulation adopted by a community. These structures are often referred to as "Pre-FIRM" structures. First Floor The floor that is level with or immediately above the main point of entry into the building. For residences, it is additionally that floor that comprises the main living area of the dwelling. Flood or Flooding A general and temporary condition of partial or complete inundation of normally dry land areas. Flooding results from the overflow of inland or tidal waters or the unusual and rapid accumulation of surface water runoff from any source. Flood Fringe The area within the floodplain (as determined by the reach of the one-percent-probability flood) that is outside the floodway. Flood Insurance Rate Map An official map of a community, issued or approved by the (FIRM) Federal Insurance Administration, that delineates both the special hazard areas and the risk premium zones applicable to the community. Flood Insurance Study (FIS) A study, funded by the Federal Insurance Administration and carried out by any of a variety of agencies and consultants, to delineate the special flood hazard areas, base flood elevations, and NFIP actuarial insurance rate zones. The study is based on detailed site surveys and analysis of site-specific hydrologic characteristics. Floodplain Any normally dry land area that is susceptible to being inundated by water from any natural source. This area is usually low land adjacent to a river, stream, watercourse, ocean or lake. Floodway The channel of a river or watercourse and the adjacent land areas that must be reserved to discharge the one-percent- probabilityflood without cumulatively increasing the water surface elevation more than a designated height, generally one foot. Lowest Floor The lowest floor of the lowest enclosed area of a structure, including a basement. Any NFIP-compliant unfinished or flood-resistant enclosure useable solely for parking of vehicles, building access or storage (in an area other than a basement) is not considered a structure's lowest floor. New Construction/Structure For floodplain management purposes, new construction means structures for which the start of construction commences on or after the effective date of a floodplain management regulation adopted by a community and includes all subsequent improvements to the structure. These structures are often referred to as "Post-FIRM" structures. One-Hundred-Year Flood Areas in a community that have been identified as One-Percent-Probability Flood susceptible to aone-percent or greater chance of flooding Special Flood Hazard Areas in any given year. Aone-percent-probability flood is also known as aone-hundred-year flood or a base flood. Special Flood Hazard Areas are usually designated on the Flood Hazard Boundary Map (FHBM) as ZoneA. After detailed evaluation of local flooding characteristics, the Flood Insurance Rate Map (FIRM) will refine this categorization into Zones A, A0, Al-30 and V1-30. BFE > 8' Catg. I BFE 3'-8' Catg. II BFE<3' Catg. III J AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, DECEMBER 15, 1998 RESOLUTION 121598-6 CERTIFYING EXECUTIVE MEETING WAS HELD IN CONFORMITY WITH THE CODE OF VIRGINIA WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened an executive meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of The Virginia Freedom of Information Act; and WHEREAS, Section 2.1-344.1 of the Code of Virginia requires a certification by the Board of Supervisors of Roanoke County, Virginia, that such executive meeting was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, hereby certifies that, to the best of each member's knowledge: 1. Only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the executive meeting to 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: Brenda J. Holto , CMC Deputy Clerk to the Board of Supervisors cc: File Executive Session 1 ~ ~ ~ -' AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY ,DECEMBER 15, 1998 ORDINANCE 121598-7 TO CHANGE THE ZONING CLASSIFICATION OF A 0.50-ACRE TRACT OF REAL ESTATE LOCATED AT 3716 COLONIAL AVENUE (TAX MAP NO. 77.18-3-24) IN THE CAVE SPRING MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF R-1 TO THE ZONING CLASSIFICATION OF C-1 WITH CONDITIONS UPON THE APPLICATION OF MARK HARRELL WHEREAS, the first reading of this ordinance was held on October 27, 1998, and the second reading and public hearing were held November 17, 1998; and reheard on December 15, 1998; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on November 2, 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 0.50 acres, as described herein, and located at 3716 Colonial Avenue (Tax Map Number 77.18- 3-24) in the Cave Spring Magisterial District, is hereby changed from the zoning classification of R-1, Low Density Residential District, to the zoning classification of C-1, Office District. 2. That this action is taken upon the application of Mark Harrell. 3. That the owner of the property has voluntarily proffered in writing the following conditions which the Board of Supervisors of Roanoke County, Virginia, hereby 1 accepts: (1) Signage shall be limited to a maximum of 30 square feet in area with soft lighting. (2) No additional exterior lighting shall be allowed. (3) Uses shall be limited to accounting/financial services business. (4) Parking lot access shall be off Thompsons Lane and shall be limited to a maximum of eight spaces. (5) Parking shall be confined to the rear yard and side yard facing the C- 2 building (on Thompsons Lane.) (6) Hours of operation shall be limited to 7 a.m. until 9 p.m., 6 days a week (Sunday off). (7) All external changes to the building shall be residential in appearance. (8) Any additions to the building shall be approved only through the Special Use permitting process. 4. That said real estate is more fully described as follows: BEING all of Lot 1, according to the Map of Section 2 of Green Valley made by T. P. Parker, SCE, November 19, 1955, of record in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Plat Book 3 at page 192. 5. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed to amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. 2 On motion of Supervisor Nickens to approve the rezoning with conditions and adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors McNamara, Nickens, Johnson NAYS: Supervisor Minnix, Harrison A COPY TESTE: Brenda J. Holton, CMC Deputy Clerk to the Board of Supervisors cc: File Arnold Covey, Director, Community Development Terry Harrington, County Planner John W. Birckhead, Director, Real Estate Assessment Paul M. Mahoney, County Attorney 3 RDANfl~ COUNTY DEPAR?'~ENT aF COM.d~UNITY DEVEL4P~d~'NT S.htctr~C ~IarreZl 3718 Colo~nicxl Av Rezr~~n,e from R-1 77.18-3-24 to C-1 ti 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: December 15, 1998 AGENDA ITEM: Second reading of ordinance to rezone approximately 0.50 acre from R-1 to C-1 with conditions to allow an accounting office in an existing house, located at 3716 Colonial Avenue, Cave Spring Magisterial District, upon the petition of Mark Harrell COUNTY ADMINISTRATOR'S COMMENTS: BACKGROUND: The public hearing and second reading of this ordinance were held at the Board meeting on November 17, 1998. At this meeting, Supervisor Minnix made a motion to deny approval of the ordinance which resulted in a tie vote with Supervisor Nickens being absent. Therefore, this rezoning was carried over until the December 15, 1998 meeting at 7:00 p.m. Enclosed for your information are copies of the packet of information furnished to the Board members at the November 17, 1998 meeting and a new list of proffers. Proffer #6 has been revised to show that the hours of operations shall be limited to 7:00 a.m. until 9:00 p.m., six days a week, instead of seven, ith Su y closed. Elmer C. Hodg County Administrator ------------------------------------------------------------------------------------------------------------------ ACTION VOTE No Yes Abs Approved () Motion by: Johnson _ _ _ Denied () Harrison _ _ _ Received () McNamara- _ Referred () Minnix To () Nickens _ _ _ Nova20-98 08:43A .y (540) 343-0095 ~~®2 ze'd ~dlol I, S. Mark Narreli, submit the following voluntary proffers in association with my request to rezone approximately .50 acres from R-1 Residential to C-1 Commercial located at 3716 Colonial Avenue: 1) Signage shall be limited to a maximum of 30 square feet in area with soft lighting. 2) No additional exterior fighting shall be allowed. 3) Uses shall be limited to accounting~nancial services business. 4) Parking Pot access shall be off Thompsons Lane and shall be limited tv a maximum of eight spaces. 5} Parking shall be confined to the rear yard and side yard facing the ~-2 building (on Thompsons Lane). 8) Hours of operation shall be limited td 7:Oi7 a.m. until 9:00 p.m., 6 days a week (Sunday off). 7} Afl external changes to the building shalt be residential in appearance. 8) Any additions to the building shall be approved only through the Special tJse permitting process. Signed: S. Mark Harrell Z0.'Z0'd S©tiG'cLL~C'S i'i3Q W0~-Ali ~:~~ 0©:6© 8661-©c-r~ON PETITIONER: MARK HARRELL CASE NUMBER: 33-11198 ~...i Planning Commission Hearing Date: Board of Supervisors Hearing Date: November 2, 1998 November 17, .1998 R-I A. REQUEST Petition of Mark Harrell to rezone approximately 0.50 acre from R-1 to C-1 to allow an accounting office in an existing house, located at 3716 Colonial Avenue, Cave Spring Magisterial District. B. CITIZEN COMMENTS Hal Jones representing the Green Valley neighbors, Bill Land and Carol Land voiced the following concerns: increased traffic; lower residential property values; increase water runoff causing more flooding; the area is designated Neighborhood Conservation in the County's comprehensive plan and should remain that way; this rezoning will set a precedent for others along Colonial Avenue; no objection to the type of business being proposed but opposed to rezoning of the property. C. SUMMARY OF COMMISSION DISCUSSION The Commission inquired about the number of clients served each day, days and hours of operation, and other uses on the site. The applicant responded as follows: about five clients a day (more during tax season); hours of operation will be 7 a.m. to 9 p.m., Monday through Friday (longer during tax season); and uses will be restricted to accounting and financial services. D. PROFFERED CONDITIONS 1) Signage shall be limited to a maximum of 30 square feet in area with soft lighting. 2) No additional exterior lighting shall be allowed. 3) Uses shall be limited to accounting/financial services business. 4) Parking lot access shall be off Thompsons Lane and shall be limited to a maximum of eight spaces. 5) Parking shall be confined to the rear yard and on side facing C-2 building. 6) Hours of operation shall be limited to 7:00 a.m. until 9:00 p.m., 7 days a week. 7) All external changes to the building shall be residential in appearance. 8) Any additions to the building shall be approved only through the Special Use permitting process. E. COMMISSION ACTION(S) Mr. Witt stated that this is a tough one to call; however, the plan calls for Neighborhood Conservation designation. We have told the residents this is a Neighborhood Conservation area even though it is against a high traffic area like Colonial Avenue. This facility does not belong in a Neighborhood Conservation area and if it were rezoned, we are then obligated to allow the house next door to do the same. A parking lot serving the building is proposed to be located to the rear (when facing the property from Colonial Avenue) of the structure. B, Description This is a request by Mr. S. Mark Harrell to rezone a .50 acre parcel of property located at the intersection of Colonial Avenue and Thompsons Lane, in the Cave Springs Magisterial District. The proposal is to rezone the property from R-1 Residential to C-1 Office District. The property is located in an established residential neighborhood. At this time, no structural additions to the building are planned, although the applicant did discuss possible expansion in the future. The degree and design of possible expansion is unknown. C. Applicable Regulations General offices are permitted as uses by-right in the C-1 Office District. No specific use and design standards apply per Section 30-84-1 of the Zoning Ordinance. However, the following requirements are applicable. An accessory apartment would have to meet the standards set forth in Section 30-82-1 for Accessory Apartments. Site Plan review and approval by County Staff, in accordance with Section 30-90 of the Zoning Ordinance, will be required Off street parking, including handicapped spaces, will be in accordance with Section 30-91 of the Zoning Ordinance. Screening, landscaping, and buffer yards shall be in accordance with Section 30-92 of the Zoning Ordinance. Building codes may require structural modifications to comply with ADA standards. Applicant will need to check with Inspections Department. VDOT will require a commercial entrance permit. ~. ~~ PART II ~. Analysis of Existing Conditions Location The property is located in the Cave Spring Magisterial District, at the southwest intersection of Colonial Avenue (Rte. 720) and Thompsons Lane, approximately 500 feet from the intersection of Colonial Avenue and Electric Road. Lot The lot consists of a single family dwelling, a fish pond adjacent to the western property line, and a frame shed towards the southern corner of the lot. Access The developer proposes access to the property off Thompsons Lane, and parking to the rear of the main structure. Surrounding Neighborhood Adjacent land uses consist mostly of single-family dwellings, with the exception of three businesses to the northeast, Computer Wizards, Amoco Jiffy Mart, and a dentist's office. The computer store and Amoco are zoned C-2 General Commercial, and the dentist's office is zoned C-1 Office District (with conditions). B. Analysis of Proposed Development Property Characteristics: The property is proposed to be rezoned from R-1 Residential to C-1 Office Commercial. This particular zoning district allows such uses as accessory apartments, home beauty/barber salons, two- or multi-family dwellings, a variety of civic uses, financial institutions, general offices, medical . offices, business support services, business or trade schools, clinics, communication services, fine arts studios, and veterinarian hospitals/clinics. The proposed use is for an accounting office, with an accessory apartment on the second floor of the structure. Site Layout/Architecture: The petitioner's proposal includes a one and one-half story vinyl sided structure approximately 1570 square feet in area. The developer does not anticipate removing any of the existing trees. There is an existing brick wall approximately 4 feet in height along the southwestern property between this home and an adjacent home. The proposed parking area is to the rear of the property with respects to Colonial Avenue, the street which carries greater traffic than Thompsons Lane. Additionally, one or two spaces are proposed for the western side of the structure. Because of the natural vegetation to the rear of the property and wall to the east, the parking areas will not be very visible from adjacent residential lots. The lot where parking will be most visible from is the C-2Commercial lot to across Thompsons Lane The parking lot is less conspicuous to a majority of the vehicular traffic in the area. Access/Traffic Generation: Parking will be behind the building (as seen from Colonial Avenue) and will be accessed via Thompsons Lane. The developer has proposed to move the access to the parking further back from Colonial Avenue on Thompsons Lane than the existing entrance is. A commercial entrance will be required by VDOT. According to Section 30-19-9 (D), 3.5 parking spaces per 1000 square feet are required as well as 1 handicapped parking space per Section 30-91-3. The County Engineering staff have noted that the current location of the driveway is Tess than ideal. ~. 4; Economic Development: ~ ~~~ ~ .~. Agcording to the Economic Development Department, the location of the accounting firm would fulfill one of the areas of the economic development strategy through business attraction. additionally, the department notes that the development of the property has the potential of improving the appearance of the building. and surrounding area. Fire & Rescue: Emergency vehicle rescue time is estimated at four minutes. Drainage/Floodplain: A stormwater management basin for the parking lot is not indicated on the conceptual plan. It is unclear at this point if one is needed; a plan will have to be submitted to the Engineering staff. They have noted that there appears to be a drainage problem on the lot at the corner of Thompsons Lane and Colonial Avenue (northern corner of property). The property is not located in a floodplain district. Screening & Buffering: A type "C" buffer will be required along the rear property lines between this lot and lots 77.18-3-25 (to the south of the property) and 77.18-3-31 (to the east of the property). There are two options under this section. The first is a 6 foot screening and 15 foot buffer yard. The second is a series of small evergreen trees (1 planted for every 15 feet) and one row of evergreen shrubs (planted five feet on center) and atwenty-five foot buffer yard. No interior landscaping for the parking area will be required. The existing brick masonry wall does not appear to have the required height for screening. If the screening option were taken, the wall would have to be increased in height. Water/Sewer: The lot is serviced by County sewer and a private well, although public water is available. The Utility Department has determined that the use would not significantly affect the existing public facilities. Community Meeting: Mr. Mark Harrell (applicant) and Greg Harrell (applicant's father) held a community meeting on Tuesday, October 28, 1998, at Green Valley Elementary School starting at 7:00 p. m., to discuss with neighbors his proposal for development of the property. There were approximately 28 citizens present. Mr. Harrell distributed an informational packet elaborating on his intentions and several topics of particular interest. A copy of the literature is attached. Of particular notability are the following points: 1) the voluntary limitation of sign size; 2) limited outside lighting, and; 3) possible future construction.. The citizens present expressed several concerns. The primary one was the thought that if this property is rezoned to commercial, it could "open the door" to further commercial encroachment from Electric Road. stormwater runoff was another concern, although much of the conceived problem appears to be existing and not related to this development. Increase in traffic as a result of the use, and traffic safety were also discussed. Other issues discussed included the location and type of signage, number of employees, future expansion, and a change in character of the area. C. Conformance with the Comprehensive Plan This property is designated Neighborhood Conservation in the 1985 Comprehensive Plan. The Neighborhood Conservation category encourages the conservation of the existing development ,~,, -~.~~ ~, attern, and "certain residential neighborhoods". The proposal is not consistent with Land Use d P Policies NC-1 (protect residential neighborhoods from disruptive impacts of land use change) NC- 2 (provide screening and buffering - a landscaping plan was not submitted), and NC-3 (encourage housing rehabilitation). Additionally, Land Use Policies NC-4 through NC-8, all referencing residential housing and infill development, are not directly met by this project, although the proposed accessory apartment could meet NC-8, permitting limited attached residential development, and NC-4 could be met, by maintaining open space in the front of the structure by placing parking in the rear yard. The property is also currently designated as Neighborhood Conservation in the draft Community Plan. D. Conformance with County Development Standard The proposed project could likely comply with the requirements of the Zoning Ordinance, dependent on use type and required parking. General Office uses would be required to have 7 parking spaces (3.5 per 1,000 square feet of building), one of which would be a handicapped space. Review and approval of site and building plans, VDOT entrance permit, and erosion and sediment control and stormwater management plan will be required. PART III Staff Conclusions According to the Comprehensive Plan, this area has been designated as Neighborhood Conservation, which assumes protection from encroachment of commercial uses. Allowing a commercial use in this area has the possibility of "opening the door" to further commercial intrusion. If the future policy is to allow additional commercial development, then it should be based upon a well thought out plan for the entire Colonial Avenue corridor, for conversion of residences to office uses. The plan should include critical design standards for facade improvements or maintenance, landscaping, parking, circulation (both vehicular and pedestrian) systems, permitted/prohibited structure expansion and lot coverage, drainage, use types,. and a general neighborhood concept. Rezoning an individual parcel to commercial prior to such a plan would be premature. The neighborhood is near a significant commercial area along Electric Road, with a small "pocket" of commercial development adjacent to the subject property. The area itself is designated as Neighborhood Conservation, which, according to the Comprehensive Plan affords "the highest degree of protection" to existing neighborhoods. Although a few adjacent parcels that border this are commercial, there are homes and a church between this lot and the "main" commercial area on Electric Road. The area is predominantly residential. If the Commission is in support of the change in land use, then the following issues merit further consideration: 1) Retaining existing vegetation not taken by construction, and implementing appropriate screening between this lot and adjacent residential properties. 2) The type of signage (height, area, lighting) in relation to the residential character of the area. 3) Access to the lot (Colonial Avenue versus Thompsons Lane). 4) Hours of operation. ,, 5) Number of employees. 6) Number of parking spaces. Suggested proffers for 33-11/98: ~. 1) Signage shall be limited to a maximum of 30 square feet in area. 2) No additional exterior fighting shall be allowed. 3) Uses shall be limited to accounting/financial services business. 4) Parking lot access shall be off Thompsons Lane and shall be limited to a maximum of eight spaces. 5) Parking shall be confined to the rear yard. 6) Hours of operation shall be limited to 7:00 a.m. until 9:00 p.m., 7 days a week. 7) All external changes to the building shall be residential in appearance. 8) Any additions to the building shall be approved only through the Special Use permitting process. Nov-03-98 03:58P ` Z©: d ~t+101 (540) 343-0095 P.02 ~~~ I, S. Mark Harrell, submit the following voluntary proffers in association with my request to rezone approximately .50 acres from R-1 Residential to C-1 Commercial located at 3716 Colonial Avenue: 1) Signage shall be limited to a maximum of 30 square feet in area. ~..~ ,t-1~ S o-f~- 1 , y~.~ sn~ 2) No additional exterior fighting shall be allowed. V 3) Uses shall be limited to accountfng/flnancial services business. 4) Parking lot access shall be off Thompsons Lane and shaA be Limited to a maxirnurn of eight spaces, 5) Parking shall be confined to the rear yardT Gad o r 5 ~ ~~- '~~ c ~ ~ ~' Z. b ~~ ~ ~ ~ v~q 6) Hours of operation shall be limited to 7:00 a.m. until 9:00 p.m., 7 days week. 7) All external changes to the building shall be residential in appearance. 8} Any additions to the building shall be approved only through the Special Llse permitting process, • • Signed: S. Mark HarreN cD-~~p'd 8©TZZLL©tS r'~Q W00-.410 3f1d zt:pL 8b6T-~~-rION • PAYCHECKS PLUS 2728 Colonial Avenue, SW • Suite 101 Roanoke, V;rginia 24015 (540} 343-0083 • FAX (540} 343-0095 Monday, October 19, 1998 Ms. 3ulia Knott Georgetown Park Civic Association 3548 Caeorgetown Road, SW Roanoke, VA 24018 RE: 371b Colonial Ave., SW; Rezoning Application Information Dear Ms. Knott, ~'~ 1 ~--t I have enclosed the detailed information which I hope will fully inform you of our intentions in the above referenced rezoning matter. I hope that the enclosed material will assist you in answering every question your might have pertinent to such rezoning application.. If not, please do not hesitate to contact me with any need for more information. I want to thank you in advance for your help in getting this information out to your group. Si erely, Greg V. Harrell "We Solve Payroll Problems" ~- I s-f- S. Mark Harrell purchased the subject property on April 15, 1998. 1 was to im rove both the inside and outside of the property and The onginal p an p operate a "home-based" accounting service to small businesses located in the Roanoke Valley. Specifically, the business was to provide a payroll, bookkeeping and tax service to the small businesses. Improvements were made to the property and a business license was secured on Wednesday, September 23 last. Once the business license was in hand {copy enclosed with restrictions), it was discovered that a small business with one employee could not operate such a business. On Thursday, September 24 we visited the Roanoke County Zoning office to confirm our concerns that we could not move forward without a petition for rezoning to C-1. We immediately returned the business license secured the day before and were refunded our license fee. Our application for rezoning was completed and filed the next day with Roanoke County. Our application set forth the following justification for rezoning. 1) "This request offers a better use of subject property. The existing traffic is not conducive to family (children) use. Too, the proposed use will eliminate a most dangerous situation at the entrance to the property. The proposed landscaping will greatly improve the appearance of subject property; considerable work has been done to date to enhance the property. 2} "This request, if approved, will enhance and improve the ev~isting property. This request will have only a minimal impact on the use of water/sewer; no impact whatsoever on schools, parks and recreation. A most positive impact on the existing entrance off of Thompson Lane which is dangerously close to Colonial Avenue will result from our plan to move the driveway away from Colonial Avenue. We anticipate no more than five clients visiting our office daily. We work primarily in our clients' place of business and deliver paychecks throughout the Roanoke Valley. Applicant plan- ned to operate a home office at this location. Upon securement of business license from Roanoke County; applicant learned that he could not have the employee needed. Too, the 10% space limita- tion also prevented home office use. Therefore, C-1 zoning must be secured to use property for intended use." We would now like to speak to concerns that we would have should someone in our neighborhood seek rezoning. k.' 1) COA~IlVICJNITY MEETING - We understand that Roanoke County is most . interested in holding a community meeting with all interested parties in attendance to fully discuss all aspects of this rezoning. We welcome this meeting as we have been proactive in calling both the Green Valley and Georgetown civic group leaders. It is our understanding that Roanoke County will set a meeting as soon as possible since the Planning Commission meeting is now scheduled for November 2 next. 2) C-1 ZONING - We have been advised that C-1 zoning is the proper zoning for an accounting office with light use. We currently have two full-time employees and a high school student who comes to our office at 1 p.m. and leaves at 4 p.m. Monday thru Friday. Additionally, we work closely with an insurance agent who services our client needs in the area of insurance and investments. This person would occupy an office on a part-time basis. 3) GENERAL LANDSCAPING & FENCING PLAN -The property is protected naturally with vegetation and a most attractive serpentine brick fence. We see very little need to do anything to the property, however, we will be agreeable to whatever fencing our neighbors feel is necessary. 4) PARKING SPACES - We have been advised that we will need four (4) spaces; we currently have an area behind the house that exceeds the four (~) required spaces. 5) SIGNAGE - We have been advised that C-1 zoning allows up to 100 square feet of signage. We propose something encased in a brick frame that would certainly be more in the 20-25 square feet size at most; probably smaller. The sign would be tastefully done and would look something like the "Sunscape Apartments" sign at the entrance of their development on Colonial Avenue. 6) STORM WATER RUNOFF PLAN - We do not anticipate any additional water run off than exists at the present time. Roanoke County Engineering has been asked to advise us if there is any problem. 7) OUTSIDE LIGHTING - No additional lighting is planned other than a soft lighting of the sign mentioned in Item #5 above. 8) ACCESSORY APARTIv~NT - Mark Harrell plans to live in the upstairs area of the property. • P`'~ '^~ 9) FUTURE CONSTRUCTION - Nett summer we would like to add two offices to the east side of the house. These two offices would simply give one present full-time employee and the part=time insurance/investment person a more comfcrtable work area. We have no plans to add staff. The two offices would be tastefully done by retaining the existing roof line and possibly adding a gable to balance the appearance of the house's exterior. Much effort has gone in to current improvements. VJe have removed all of the carpet and returned the hardwood floors to their original beauty. Additionally, much effort has been made to reclaim the outside area of the property. This house is almost seventy (70) years old; its char-n is real; we have no plans, whatsoever, to do anything other than improve what we found when we purchased the property. r~ ~~ v H r~( , . ' ' '`r " L `, . ... 8~~ • COUN i Y OF ROANOKE DEPT. OF FLANi`,r1NG ~.ND ZONIi'!G SL04 a~rnard Or.. P.O. box 29800 Roanoke, VA 2~0 i 8 (5~p` 772-2068 FA.;; (5~:0) I %-= i `~ 1-Dr StatT u52 Dn/y data received:' ~rzceived~)rn /~ { /~Y `I%2si 9. Izpoiic~cn !ee' Ir''~icZ.4 dace: J ~icCet^,S lSS+U ac: I ~'^'' ;J .d°t~'~. ,.fir ~!!r ),) i~yJ~Jy7 Casa `'IUTG'_.': « ~ r ~ 1 / 1~ .`rid.{'.. ...~ !:~::. i:~::: n;~ 1` r P Cheek t~/pe of application hied (chec!~ ail that apclyl: ~, ~ L~ REZONING ^ SrECI~.L USE ^VA.r;IA.;'VCE ,. ;~n~:~ 7 %0-873 ?.pplicant`s name: S . Mark Harrel l Addsss: 3716 Colon?a1 Ave., SW, Ronaoke, VA L10Coo" 2aQ18 P~ ~'~~: 776-87~$ Owner's Warne: S. Mark Harrell Address: 3{16 Colonial Ave., SW, Roanoke, VA Zip Ccde: 2Q018 Location of property; `•~ i { ~ Caa.~iJJ>,~~.~~t t Tax Map Number: "~ 7, ~ ~ - ~ ~~-~ i,rlagisterl8l DlStriCt: C~j ~ ~-~~~'~-' C" Ccmmunit~r Planning Area: C~'~ ~ ~~ ~%~`-" Size of parse! (s): Existing Zoning: arras Existing Land Use; Resident_a1 S? ngle-Fame 1 Sq.ft. ----- !Yj.; i~Z~~~i:~: ik: ~'~ .~` ^'a~ : r•:'•• .~ y ~_, J~:~ ~"f '~ F.'r ~ , Z :r:... , ~'.... t. Proposed ZoninC: C-1 jr~ Star CJse v^ni;~ ~ i 1 Proposed Land Use: Accounting Or: f ice Us= ' ypa: Does the parcel meet the minimum (ct area, width, and frontage require~~~ents cf the requested distract? YES ~ NO IF i~i0, t`. VA=.iA^JCE IS REQUIRED FIRST, Does the parse! meet the minimum criteria for tine requested Use Type? YES ~ i~iC IF N0, A VAPJA.NCE IS P,EQUIRED F;P,ST. If re_oning request, are conditions being prof-er:.d with this request? YES %~ NG :;~,i:: :;~:: _ .~~i':'.~ ': Variance cf Section(s) of the Roanoke County Zoning Grdinanc~ in cr;;er to: IS the aGpliCatlOn Complete? Pleasc C'leC:{ If er7ClCse^.. APPLICr~.T10N 'v~JIL! (V~' I ~C ..--~- _- ~ =-- ~' '-'' THESc {TENS ARE MISSING OR INCOiViPLE i ~_. ars v us v ;vs v x ~ Consultation x1 ~ 8 11'2" x 1 i " concept plan In ~~ ?.pciicaicr~ fee ~~ -~ r: x €°'~ P~ f=ars, i-" a_.e!ica I- x ` ~ A,ppiication X~i~`<:: Metes and bounds ~esc option ~, .D ~,~ X X nd 5ewei application X ~ ~ Ad,oining property c~~.rers Jus~ltlcat(on ~I~?:"~ Water a l 172r2tJy cart{{ y that l am .%ther the 0'wn@%' Or tl7e QrDp?ri;/ Gt the Dv%ne.'~S o'~2;nt Dr CDnit~Ct n~/C.^e'Scr ar?c am acting wrth the knowledge and consa:nr of the o~~met. ~~ Gwner's Signature: / ~ ~ ~- 5. Mark Harrell The Planning CGmmissicn will Study resOning and SpeCla; ~!SE perri~it fegUe~tS t0 de,6~"iT~ii~e rile nee0 E~"~d justification fOf the change In iermS Gf pUbIIC heaitii, Safet`f, and general w2lfare. P!e3Se ans'.ver rile iG'IC'.•JinC gUeStlOnS as thcreughiy aS pGSSible, ~)Se 2ddltiGna S~cCe if neCESSar'';/. Please explain how the request TUr-ihEfS rile pUrpOSeS Oi file ~Onir1C l~)fdinanCe (CeCilOn Jai'.:) aS W2!l aS .:ie pUfpGS2 found at the beginning OT file aGp~ICabfe Zoning dlStflGt'CaSSiflCatiGn In tint ZGn1nG Crd.nance. - " This request offers a better use cf subject property. The e;~isting tra.=i is not conducive to family (children) use. Toe, the prooosed us= Ttii11 eliminate a most dangerous situaticr_ at the entrance to the property. The proposed landscaping Wi11 greatly improve the appearance o_'sub~ec~ property; COnSiderable wcrk has been done to date tC enhance the property. . -. ~Appiicant • • Fiease explain how the project coniorns to the general guidelines and pcficies contained in the r=:Gdncice Ccu~-ty Comprehensive Plan. The propasi=d use (C-1) as an accounting o`~ice does nom ccn_"orm to the Roanoke County Comprehensive Flar!. This application is being submitte^- as a request for "spot zoning" consideration. It should he noted than the adjoining property to the east on Color_ial Ave. is zoned C-2• Pieasa describe the impact(s) of the request on the prOperi'~ Itself, the adjoining proper<ies, and the surfo~^ding area, as well a5 She 1171paCtS on public services and faCiiltleS, InCiUdlnC '+v'ater,~Sc`~Jer, roads, SChG0~5, parksirecreation, and fireirescue. This request , i f approved , *+i i 11 e*'~hance and imp rove the existing property. ~'h?:-s request Will have o:nl~r. a minimal impac~ o'_ t'" - " y f r llSe Of Water~SeTrier; n0 7.mpaCt '~il"iatSGev.er On SC'lOC i g t 'parks and reCrej-= -':' A most positive impact on the exis~ing entrance or= c T~L„m~~cn 1S dangerously ClOS2 t0 Colonial Avenue Will rec+aT t from Cur pla'~ t'c mop''= the driveway aWay~~rrom Cclonlal AVenue WE anti.Clvate nc mOre than fiv8 Clients V7.Siting Our Office daily. We•WOr{ prlmarl~?r l:ri Cur Clie=ltS ~laC~ of business and deliver paychecks ':<~.roughout the RCanok= 'ialle_r. ApClir'ar,= planned to operate a home Gff].Ce at ti'?iS loCatiOn. ipon SeCUrcment G~ business license from Roanoke County, applicant le=rnej that he could hoc em Ioyee needed. TCO, ~i-hE' i ~°~ SpdCe IiT_tli t=ti On a1S0 pre'r?~r~0 _v have the p - - Therefore, C-? zoning must be secured to use prcpe-~: home office use. intended use. `• Fvr Start Usa Only: Case Numoer ' 1.= ;HIS PLAT IS 5U8JECT TO INFORMATION WHICH M~,Y BE ' .DISCL.OSED '8Y A TITLE REPORT 6Y A LICENSED ATTGRNEY. " : 2. TH•1~ SUBJECT PROPERTY IS WITHIN THE LIMITS bF ZONE ' "XM AS SHOWN ON THE FEMA FLOOD INSURANCE .RATE MAP THIS DETERMINATION IS BASED ON SAID MAP ANO HAS NOT BEEN VER(FiED BY ACTUAL FIELD EI FVATIONS. M.6.L.= MINIMUM BUILDING LINE S.P.= SCREENED PORCH P= PORCH s= sTOOP S~W= SIDEWALK ~~~~~~ ~~ of_~ PIN 3a' M.B.L. LO i 5 50' WIDE _~ N 52'49'3D" E NaT SET ati Qom. ^~~ 0' Q' ..' 0 c`'~ 4` ~~ p = 93'35' R = 23.48' T = 25.00' L = 38.85' CH= S SO'23' E 34.23' NOT SET (o In +'~ ~~ OLD PIN LOT 6 LOT 2 .~ J ~~,y2s o~ yr HN T. PARKER No. 1a7& ~I~r/qS ~~ PC#iCH '~ o n ; a.6.~' ~ S 1\2 STOR Y ' VINYL SIDED X3726 1 B' S.P. -= sa.s' w ^, 5.2' P, I~ ~ ~' ,.-::. AS' n ~~.r . ~.`:=.. AJti -' N.~' _ i=`- ~_ . .:~s`-- ~~y_n %U'+- -. r ~., j.~.. ..- 3;, ~' ~,u~:Y~s i.~. ~I +,~v _ '~._~ .r -s.~ _ ~M. s'.~ ~ Y. i. .~. -. ... ~/ n~ ~ a ~g8 ~ ! ~ ~~ ~. ~ ~' ,L'h l7 ~ ~ ti ` h I8 ,10 C+ ~Q \+ 1'' ss ~9 ~ ~ ~ r J ss .-sue ~s2~ 'j ~ ~ Q ~ , C ~~ ~ ' ,~ oa ~ .~ ~ s:~ ~A B 0~' ~ ~~9 ~ ~~ ~ !6 ~ ®ti 9 9 ~ ~ 1fi ~ ~- ~ ` ~ ~' 4 1 ~ ~ 'J + r Q'~ O "~J~ =~7 ~° , 3 4 -~. f I ,~~ ~~ ~ J ~ „i~'' ~a'' ~ 'ems q* c~Y ~ ~ Q~d '~~ ff' y ,. 2. 32 ~'" ~ ga ~ • ~ ~, a ~ ~7 ".9 1 A « ti. 31 s~ ~ ~ ~~'~ - ~~ r ~~o~y 3t v ~~~, + ~.2 I '! ~, ii ! v 's ~ ~s w~l ,~0~ J S~ ~ 1 ~ ~ ~ `~a ~ 1 \\ J •i'' ~ y '~ ~ n Jv ~ ~~ ~r ~ 66° `h ~+~ 2 Ta. '~O ~ ~:~ 6 J ~i 4.~ •+~' ~ 3~ ? 0 25 N~ s ~,, X09 ~ ~~ \,~ ~` , ~ Hh ~ 11 '~ 1ao 29 27 ~ " ~ Q/~ 32 ~ N r, .- ~ .~ ,a , \\ 28 ~~, s .~ ~~ i; •~ ~~ ~~~ .~ o_ A6 ,'~~ . ~+~ `j;. , ~ ~ -1 ` ~- _ 1j. ~ ~ ~~ o „o '+54 ti : ~ ~ p ii ~ ~i' { V Y.1 ~` 3' 35 4 Th Cit ~''' '°' „" ~ 0~ C~ J ~ y ~r`O C~~ ~ ~jr UQ ~ I' 7 fJ ~t _ A 1V / ~ r' ,•-~ .. 9 ~ ~ ~ ~~ ~8 ~~ ~ ~ J U~ ~J ~m i (_ > ~ NCO 3~~p ~ ~~°. ,-~.,~ ~~~ ~~ RDAIVDI~' Cd UNTY ~JEPAPT~iENT flF CD~~ZTNITY DEVELD~'~l~'NT S.Mar~ ~Iarr~Z~ 3718 CoZoniczt Av Rezo~,e from R-1 to C-1 77.18-3-24 .. • ., ... . R-I AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOI~E COUNTY, VIRGINIA, HELD AT THE ROANOI<E COUNTY ADMINISTRATION CENTER, TUESDAY, DECEMBER 15, 1998 ORDINANCE TO CHANGE THE ZONING CLASSIFICATION OF A 0.50-ACRE TRACT OF REAL ESTATE LOCATED AT 3716 COLONIAL AVENUE (TAX MAP NO. 77.18-3-24) IN THE CAVE SPRING MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF R-1 TO THE ZONING CLASSIFICATION OF C-1 WITH CONDITIONS UPON THE APPLICATION OF MARK HARRELL WHEREAS, the first reading of this ordinance was held on October 27, 1998, and the second reading and public hearing were held November 17, 1998; and reheard on December 15, 1998; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on November 2, 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 0.50 acres, as described herein, and located at 3716 Colonial Avenue (Tax Map Number 77.18-3-24) in the Cave Spring Magisterial District, is hereby changed from the zoning classification of R-1, Low Density Residential District, to the zoning classification of C-1, Office District. 2. That this action is taken upon the application of Mark Harrell. 3. That the owner of the property has voluntarily proffered in writing the following conditions which the Board of Supervisors of Roanoke County, Virginia, hereby accepts: (1) Signage shall be limited to a maximum of 30 square feet in area with soft lighting. (2) No additional exterior lighting shall be allowed. (3) Uses shall be limited to accountingffinancial services business. (4) Parking lot access shall be off Thompsons Lane and shall be limited to a maximum of eight spaces. (5) Parking shall be confined to the rear yard and side yard facing the C-2 building U:\WPDOCS\AGENDA\ZONING\HARRELL.RZ 1 ~. • R-I (on Thompsons Lane.) (6) Hours of operation shall be limited to 7 a.m. until 9 p.m., 6 days a week (Sunday off). (7) All external changes to the building shall be residential in appearance. (8) Any additions to the building shall be approved only through the Special Use permitting process. 4. That said real estate is more fully described as follows: BEING all of Lot 1, according to the Map of Section 2 of Green Valley made by T. P. Parker, SCE, November 19, 1955, of record in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Plat Book 3 at page 192. 5. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed to amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. U:\WPDOCSWGENDA\ZONING\HARRELL.RZ 2 1111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111J AGENDA ITEM NO. ~ c _ APPE CE REQUEST PUBLIC HEARING ORDINANCE ~~ CITIZENS COn~~NTS SUBJECT: ~~~.~. ~~ R ~° ~c~ CC°-"- ~ = _ 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 BELOW: c -_ c ^ Each speaker will be given between three to five minutes to comment c whether speaking as an individual or representative. The Chairman will ~- decide the time limit based on the number of citizens speakin on an issue, and will enforce the rule unless instructed by the majority ofgthe Board to i~ do otherwise. - _ ^ Speaker will be limited to a presentation of their point of view only. Questions of clarification may be entertained by the Chairman. ^ All comments must be directed to the Board. Debate between a recognized speaker and audience members is not allowed. _ ^ Both speakers and the audience will exercise courtesy at all times. - ^ Speakers are requested to leave any written statements and/or comments c vnth the clerk. c ~,_ ^ INDIVIDUALS SPEAKING ON BEHALF OF AN ORGANIZED GROUP c SHALL FILE WITH THE CLERK AUTHORIZATION FROM THE GROUP c ALLOWING THE INDIVIDUAL TO REPRESENT THEM. - - PLEASE PRINT LEGIBLY AND GIVE TO THE CLERK _ _ - - - - - a - - - - - - - - _ _ - NAME ~ ~ I ~l,~~vy - _ _ _ _ _ _ _ _ _ _ _ _ = ADDRESS 3 (~ `~ ~ C U G y~. ia. ~ ~~~e /~i~~ ~l e ~/ _ _ ~ _ - ~ ~~ ~ - PHONE 7 7 /- ~- `' ~ _ mlillllilllllllliiillilllllllllilllllililllililllllllillllllllillilllllllllllllllllllllillllllllllllllllllllllllllllllilllillllll~ (~ - 1 December 1, 1998 Mr. Bob L. Johnson 8276 Olsen Road Roanoke, VA 24019 Subject: The rezoning of a land parcel located at 3716 Colonial Avenue at the corner of Thompsons Lane from R-1 to C-1 for the operation of an Accounting Office. Also, applicant is proposing a possible use for the upstairs portion of the structure as an accessory apartment. At the November 2, 1998 Planning Commission meeting this proposal was brought up and discussed using the Roanoke County Guidelines: Neighborhood Conservation Plans. Some of the key points discussed were: 1. Under land use types, the plan differentiates the land use as desirable within the Neighborhood Conversation Area. Such as Neighborhood Activity Centers of non- residential uses that serve the neighborhood residents' needs, such as parks, schools, churches and recreational facilities and community clubs. 2. The abrupt land use changes (e.g. residential to commercial) in single family neighborhoods could destabilize property values. 3. The prevention of future encroachment of incompatible land uses in established residential neighborhoods. Based on these key facts and other items from the County Guidelines the Planning Commission REJECTED the rezoning of this property by a vote four (4) to one (1). This was because the proposal did not fit within the required guidelines for Neighborhood Conversation. On Tuesday, November 17, 1998, this proposal was presented to the Roanoke County Board of Supervisors. Mr. Terry Harrington, County Planner, made a presentation stating the proposal did not fall within the Roanoke County Guidelines: Neighborhood Conservation. He also stated that the Planning Commission REJECTED the proposal on a vote of four to one. Mr. Greg Harrell, who requested the rezoning, made a presentation showing before and after photos of the residence to illustrate the improvements he made by taking out underbrush and growth. I commend him for making these improvements. But, I would also like to point out that the owners before him made a big improvement by painting and having the whole house covered with vinyl siding. Mr. Harrell stressed he wanted the rezoning for his accounting business and for an individual who handles insurance. This appears to be two businesses under the pretence of just one--one for Accounting and one for insurance. Although this request is for the present dwelling, he is looking for future construction to this building in the next year. Residences in the Neighborhood Conservation Area are strictly opposed to this rezoning because it does not meet the County Guidelines. Also, if approved it opens the door to further commercialization on Colonial Avenue. More commercial business is something the residences of the area definitely do not want. There is more than enough commercial business on Brambleton Avenue and Electric Road to satisfy all our needs. During the course of the meeting, the traffic on Colonial Avenue was said to be too heavy. Also, a comment was made that may be all of Colonial Avenue should be commercialized. A visual check was made of the traffic and the results are: 7:15 am to 8:15 am 8:15 am and to 4:15 pm 4:15 pm to 6:15 pm 6:15 pm to 7:15 am Fair to heavy traffic Minimal traffic Fair to heavy traffic Minimal to no traffic Some of the backed up traffic from 7:15 am to 8:15 am is due in some part to school busses stopping to pick up students on Colonial Avenue. I would like to amplify this traffic situation during the December 15, 1998 meeting. If the Roanoke County Board votes in favor of this rezoning they will be voting against the guidelines established by the County to protect Neighborhood Conservation Areas. Also, they will be against the decision of the Planning Commission, and the credibility for the Board will be lost. Respectfully Yours, Hal Jones, Jr. 3734 Thompson Lane Roanoke, VA 24018 540-774-3756 On November 23, 1998 I contacted VDOT for a vehicle count on Colonial Avenue. I talked to Mr. Ed Wallace who stated the latest count was in 1997. But, he had not received final tabulation from Richmond. However, he furnished the count taken in 1994 between Overdale and Ogden Roads. The count at that time was 12,224 vehicles a day. Mr. Wallace said to make a close estimation for today add about a 2 to 3% increase. Based on a 3% increase the count would be 12,591 vehicles a day. He concurred with our visual time frames for traffic loads. Estimating between 30 to 35% of the traffic occurs during each of the morning and afternoon hours. Extrapolation: 12,591 Vehicles - 65% (total am and pm) = 8,184 vehicles 12,591 - 8,184 = 4,407 remaining for the other hours 8,184 - 3 hours = 2,728 vehicles per hour 4,407 - 21 hours = 210 vehicles per hour Some of the peak traffic should be eliminated, especially in the afternoon hours, when the City of Roanoke installs a traffic light where Overland Road intersects with Brambleton Avenue. An article published in The Roanoke Times on November 24, 1998 stated this is a priority traffic signal. Also, VDOTs future plan is to have an exit spur or ramp coming off 581 east of Virginia Western Community College to connect up with Overland Road. This eliminated vehicles backing up on 581 at the Towers exit and allows traffic to continue out Colonial Avenue. With the improvements on 221 west of 419 to Bent Mountain, there will be a direct route from the 581 exit to Overland Road to Brambleton Avenue right out to Bent Mountain. This will help reduce traffic back up on 581 at Towers Exit and reduce traffic on Colonial Avenue due to a direct route to 221. i We do not need to commercialize Colonial Avenue because we have our needs met by the businesses with 1% miles of this conservation area. Brambleton Avenue -North Side Accountants Dentists Mattress Store Ambulatory -Out Patient Discount Store Oil Change and Lub Appliance Store Doctors Paint Store Assisted Living Drug Stores Pet Grooming Auto Parts Fast Foods Pizza Auto Sales Fire Department Realtors Bakery Outlet Fitness Center Rescue Squad Banks Florist Sandwich Deli's Barbers Funeral Parlor Sit Down Restaurants Cabinet Manufacture Garages Super Grocery (2) Card Shop Gas Stations Tobacco Store Carpet and Flooring Hair Stylists Veterinary Chiropractors Hardware Store Video Repair CPAs Lawn Mower Sales and Repair X-Ray Facilities Lawyers Across the tracks -South Side Still 1 % miles from conversation area 10 Screen Theater Complex Doctors Men's clothing Appliance Store Drug Stores Motels (2) Audio and TV Store Fast Foods Oil and Lub Change Banks Fitness Center Realtors Book Store Furniture Sit Down Restaurants Brokers Gas Stations Smaller Grocery Store Buffet Jewelry Super Grocery Store Dentists Lawyers Video Store Mall Women's clothing This does not include the stores in Promade Park strip mall. We also have the County Building where we take out complaints. This is why we DO NOT want any more commercial business on Colonial Avenue. ~illllllllllllllillllllllilllllillllillllllllllllllliiililllllllllllllllllilllllilllillllillillllllllllllllllllllllllllllllillll~ - - _ _ _ _ _ _ AGENDA ITEM NO. Z c APPE CE REQUEST =_ PUBLIC HEARING ORDINANCE CITIZENS COMMENTS _ SUBJECT: 1 ~`P Zo it/ ~ ~i ~ 7 / ~ ~'o ~ o ~y ~ /~~- R C~ - = I would like the Chairman of the Board of Supervisors to recognize me during the __ meeting on the above matter so that I may comment. =_ WHEN CALLED TO THE LECTERN, I WILL GIVE MY NAME AND ADDRESS FOR THE RECORD. I AGREE TO ABIDE BY THE GUIDELINES LISTED BELOW: _ ^ Each speaker will be given between three to five minutes to comment c i whether speaking as an individual or representative. The Chairman will decide the time limit based on the number of citizens speakin on an issue, = and will enforce the rule unless instructed by the majority 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. ^ 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 c c SHALL FILE WITH THE CLERK AUTHORIZATION FROM THE GROUP c ALLOWING THE INDIVIDUAL TO REPRESENT THEM. PLEASE PRINT LEGIBLY AND GIVE TO THE CLERK _ - NAME ,~i9 / i~ ~a u r ~ ~` - - - - - - ADDRESS 3 / ~ ~ ~s y ~ ~ ~ d -2 ~ 1Q, S . w _ _ PHONE ~ 7 y ~ ~- ~ ~ ~ c fiiilllllllliillilllllililliillllliliii111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111 ~illlllilllllilllllllllllilllllllllllllllllllllllllllllllllllllllllllllilliillilllillllllliiillllllllllllllllllllllilllllillllll~ - - = _ = - AGENDA ITEM NO. ~_ APPE CE REQUEST =_ PUBLIC HEARING ORDINANCE CITIZENS COMMENTS -_ -_ SUBJECT: ~. Cv~ ~ /I ~' ~:) ~~~ ~ ~ L ;~. ~2_ =_ a ~ = I would like the Chairman of the Board of Supervisors to recognize me during the meeting on the above matter so that I may comment. __ = WHEN CALLED TO THE LECTERN, I WILL GIVE MY NAME AND ADDRESS FOR THE RECORD. I AGREE TO ABIDE BY THE GUIDELINES LISTED BELOW: ^ Each speaker will be given between three to five minutes to comme nt whether speaking as an individual or representative. The Chairman will decide the time limit based on the number of citizens speakin on an issue, and will enforce the rule unless instructed by the majority ofgthe Board to =_ do otherwise. _ i ~ ^ Speaker will be limited to a presentation of their point of view only. Questions of clarification may be entertained by the Chairman. i ~ ^ All comments must be directed to the Board. Debate between arecognized ~_ speaker and audience members is not allowed. _ ^ Both speakers and the audience will exercise courtesy at all times. =_ c ^ Speakers are requested to leave any written statements and/or comments c with the clerk. _ ^ INDIVIDUALS SPEAKING ON BEHALF OF AN ORGANIZED GROUP c SHALL FILE WITH THE CLERK AUTHORIZATION FROM THE GROUP c ALLOWING THE INDIVIDUAL TO REPRESENT THEM. c _ -_ c PLEASE PRINT LEGIBLY AND GIVE TO THE CLERK c _ - _ NAME ~ LL~.~ ~~ e. ~cz`i c-,~~ __ __ ADDRESS ,5 ~~ Sr' c~ )ate y ,~c~~,~ ~~ PHONE _ ~ ~~ - ~~~'S illliliilllllllllllllllliilllllilllllliliillllliilllilllllllllliilill llllilliilllillllilllllllliilllllllllllllliilllilililllliil'11 lilllllllllllllilllllllllllllllllllllllllllllllilllilllllllllllililllllilllllllllllllllillllllllllllllillllllllllilllilllilllllijj~ AGENDA ITEM NO. APPE CE REQUEST - PUBLIC HEARING ORDINANCE `~ CITIZENS COMMENTS SUBJECT: ~ _ ~d~ ~ n ~ ..~. ~'_.s~) ,~~-- , ~L G~-~,~. __ 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 c decide the time limit based on the number of citizens speaking on an issue, and will enforce the rule unless instructed by the majority of the Board to do otherwise. ._ ^ Speaker will be limited to a presentation of their point of view only. Questions of clarification may be entertained by the Chairman. - ^ All comments must be directed to the Board. Debate between a recognized speaker and audience members is not allowed. ^ Both speakers and the audience will exercise courtesy at all times. ^ Speakers are requested to leave any written statements and/or comments c vnth the clerk. ^ INDIVIDUALS SPEAKING ON BEHALF OF AN ORGANIZED GROUP c SHALL FILE WITH THE CLERK AUTHORIZATION FROM THE GROUP ALLOWING THE INDIVIDUAL TO REPRESENT THEM. = _ - PLEASE PRINT LEGIBLY AND GIVE TO - THE CLERK _ = = = = - - - - NAME - lr~~. L.L. G~ _ _ _ _ ADDRESS ~~~~~"~ ~~c~1 ~,s 1-c~c•.e- ~ Le~° - - _ - PHONE `~ ~ ~/ - / ,~ 5'~ fiiiiillllllllllllilliillllliilllililllilliilliillililillliliiiiilliilllllllllliiillllllllllililililiiliii11111111111111111111111111 lillllilllllllilllllllilillllllllllllllllllllllillllillllllllllllllllllllllll IIIIIIIIIIIIIIIIIiIiI IIII11111111111111111111~ ~~ - AGENDA ITEM NO. c APPE CE REQUEST PUBLIC HEARING ORDINANCE CITIZENS COMMENTS __ SUBJECT: _ ~- _ _ =_ 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. = WI~~N CALLED TO THE LECTERN, I WILL GIVE MY NAME AND ADDRESS FOR THE RECORD. I AGREE TO ABIDE BY THE GUIDELINES LISTED BELOW: a ~_ - ~ ^ Each speaker will be given between three to five minutes to comment c - whether speaking as an individual or representative. The Chairman will decide the time limit based on the number of citizens speaking on an issue, and will enforce the rule unless instructed by the majority of the Board to do otherwise. __ ^ Speaker will be limited to a presentation of their point of view only. Questions of clarification may be entertained by the Chairman. - ^ All comments must be directed to the Board. Debate between a recognized = speaker and audience members is not allowed. ~_ _ ~- ^ Both speakers and the audience will exercise courtesy at all times. ~_ ^ Speakers are requested to leave any written statements and/or comments c __ vnth the clerk. - _ ^ INDIVIDUALS SPEAKING ON BEHALF OF AN ORGANIZED GROUP c SHALL FILE WITH THE CLERK AUTHORIZATION FROM THE GROUP c ALLOWING THE INDIVIDUAL TO REPRESENT THEM. _ _ -_ PLEASE PRINT LEGIBLY AND GIVE TO _ THE CLERK _ - - _ _ _ - = = - = - - NAME ~~~ `,~ ,~ ~ ~--~ - _ - __ - ADDRESS , ~ 7 ..11 ~ ~c~~'i' ~,~; ,~~r,,vc: - _ - _ __ PHONE `~ 7 ~ -~7 filllililiilllililllllillilliliillllliilllllliiliillliiliilliilililllllilllliillllliliillliilililllllilililllillllllllilliilllilli'11 ilillllllllllllllllllliilllllllllllllillllllllllllllllillllllllllilillllilllllllllllllllliilllilillllllllllllllilllllllllllllil~ AGENDA ITEM NO. c APPEARANCE REQUEST __ '= PUBLIC HEARING ORDINANCE CITIZENS COMI\~NTS __ S V EJECT: _ ~ ~ ~ ~ a ~~ ~ ~ I would like the Chairman of the Board of Supervisors to recognize me during the ~_ meeting on the above matter so that I may comment. _ WHEN CALLED TO THE LECTERN, I WILL GIVE MY NAME AND ADDRESS FOR THE RECORD. I AGREE TO ABIDE BY THE GUIDELINES LISTED BELOW: ^ Each speaker will be given between three to five minutes to comment c whether speaking as an individual or representative. The Chairman will c _ decide the time limit based on the number of citizens speaking on an issue, and will enforce the rule unless instructed by the majority of the Board to = do otherwise. _ _ ~_ ^ Speaker will be limited to a presentation of their point of view only. Questions of clarification may be entertained by the Chairman. _ _ ^ All comments must be directed to the Board. Debate between arecognized speaker and audience members is not allowed. ^ Both speakers and the audience will exercise courtesy at all times. __ ^ Speakers are requested to leave any written statements and/or comments with the clerk. _ ^ INDIVIDUALS SPEAKING ON BEHALF OF AN ORGANIZED GROUP c SHALL FILE WITH THE CLERK AUTHORIZATION FROM THE GROUP c ALLOWING THE INDIVIDUAL TO REPRESENT THEM. _ _ PLEASE PRINT LEGIBLY AND GIVE TO THE CLERK _ _ NAME _~~~~~ .~(~~X ~-~ c .~ ADDRESS _~ ~' I '7 ~~l ~,~~ ,. t a~ ~~t~tik-- ,,~ . ~/ -_ PHONE `7 7 ~-~- - ~' ~ ~~~ c 1111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111 Illlliillllllllllllllliilll lllllllllllllllllllllllllllilllllllill l 1111 ll l 11111 llillllllillllllllllllllll llllllllll llllllllillll~jj~ AGENDA ITEM NO. c APPE CE REQUEST __ PUBLIC HEARING ORDINANCE CITIZENS CONIlI~NTS -_ SUBJECT: - - - - 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. = a -_ 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 c = decide the time limit based on the number of citizens speakin on an issue, and will enforce the rule unless instructed by the majority 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. -_ ^ Both speakers and the audience will exercise courtesy at all times. _ - ^ Speakers are requested to leave any written statements and/or comments with the clerk. ^ INDIVIDUALS SPEAKING ON BEHALF OF AN ORGANIZED GROUP c SHALL FILE WITH THE CLERK AUTHORIZATION FROM THE GROUP c ALLOWING THE INDIVIDUAL TO REPRESENT THEM. _ - -_ PLEASE PRINT LEGIBLY AND GIVE c - TO THE CLERK _ - - - _ - - = - _ - - - - NAME iC,l~t~l~.,-., ~ l-~_~~~- - - - - ADDRESS _~ 12_-~ ~r~e r~ r'.~~ r ~,/ ~ ~ n~ e S ~ a a - ~ - PHONE 7 7~- 2 7 t Z ~illlllllillllliillllllllllilllllllllllilllill IIIIIIIilllllllllliliilllllllilllllllllllllilllliilllilllilllilllliilil Iillllllilll~ ~Jlllllllllllllllllllllllllllillllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllillllllllllllllilllilllllllllllljll _ _ _ _ AGENDA ITEM NO. - - - - - _ _ _ _ APPE CE RE - _ _ QUEST i _ _ _ PUBLIC HEARING ORDINANCE CITIZENS COr~IlViENTS -_ SUBJECT: _ _ 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 c whether speaking as an individual or representative. The Chairman will decide the time limit based on the number of citizens speakin on an issue, and will enforce the rule unless instructed by the majority 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. c - - ^ All comments must be directed to the Board. Debate between a recognized __ speaker and audience members is not allowed. - ^ Both speakers and the audience will exercise courtesy at all times. = - ^ Speakers are requested to leave any written statements and/or comments with the clerk. c ^ INDIVIDUALS SPEAKING ON BEHALF OF AN ORGANIZED GROUP SHALL FILE WITH THE CLERK AUTHORIZATION FROM THE GROUP c ALLOWING THE INDIVIDUAL TO REPRESENT THEM. _ __ ~ c c _ = PLEASE PRINT LEGIBLY AND GIVE TO THE CLERK = _ - _ - _ - - - - = - - mlillllllllllillllllilllllllllilllllllllllllllilllllllllllllillllllllllllllllllllllllllllllllllllllllllllilllllllilllilllllililll~ illlllilllllllilllllilllllllllllllllllllllllllllllllllllllllll l III IIIIIIII IIIIIIIIIIIIIillllllllllllllllllllllllllll llllllll111~11J AGENDA ITEM NO. APPE CE REQUEST -_ ~~ PUBLIC HEARING ORDINANCE CITIZENS COn~~NTS _. SUBJECT: ~.~- ~~ _ I would like the Chairman of the ~ rd 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 c decide the time limit based on the number of citizens speakin on an issue, and will enforce the rule unless instructed by the majority otgthe 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. s ~~ ^ All comments must be directed to the Board. Debate between a recognized speaker and audience members is not allowed. __ ^ Both speakers and the audience will exercise courtesy at all times. ^ Speakers are requested to leave any written statements and/or comments with the clerk. _ ^ INDIVIDUALS SPEAKING ON BEHALF OF AN ORGANIZED GROUP SHALL FILE WITH THE CLERK AUTHORIZATION FROM THE GROUP c ALLOWING THE INDIVIDUAL TO REPRESENT THEM. _ _ _ PLEASE PRINT LEGIBLY AND GIVE TO THE CLERK _ - _ / ,~ ~ NAME ~ ...._. ~-~-E----- ADDRESS ~.~ '~ ~ ,r , ~~~.~, /, , ~- _ ~ < ~~ /~ ~. ; . / PHONE ~~ ~'/ ~- ~~/,~~ fillllllililllllllllliliillllllllllllllllliliil IIIIIIIIIIIIIIIIIilliilil111111111111111111111111111111111111111111111111111111111111 iiiiiiuu~iiiiiiiiiiiiiiiiiuuiiuuiuniiuiuiiiiiiiiuuiiiiiiiiiiiiiiiiiiiniiiiiiiiiiiiiiiiiiiiiiiiiiiiiuuuiiii~~~~~~ AGENDA ITEM NO. c APPE CE REQUEST - PUBLIC HEARING ORDINANCE CITIZENS CO)\~IlVIENTS SUBJECT: _ = 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 c whether speaking as an individual or representative. The Chairman will decide the time limit based on the number of citizens speakin on an issue, and will enforce the rule unless instructed by the majority 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. - ^ Both speakers and the audience will exercise courtesy at all times. = ^ Speakers are requested to leave any written statements and/or comments c vv~th the clerk. ^ INDIVIDUALS SPEAKING ON BEHALF OF AN ORGANIZED GROUP c SHALL FILE WITH THE CLERK AUTHORIZATION FROM THE GROUP c ALLOWING THE INDIVIDUAL TO REPRESENT THEM. _ __ PLEASE PRINT LEGIBLY AND GIVE TO THE CLERK _ _ _ = _ _ - - -_ NAME (~` c - C ~ i ~ - ~ _ ~ .~ ~ i - - = - ADDRESS ~~ ~1 <, \ C_~ - ._ ~~ _ ~ \ tK. _ - PHONE '~1`~I - ~~~ fiiiiiuitiiiiiiiiiiiiinuiiiiiiiiiiiiiiniiniiiiiiiiiiiniuiiiiiiiiiiiuiiiiiiiiiiiiiiiiiiiiiiiiiiiii~iiiiiiiuiiiiiiiimm~ll IIIIIIIIIIIIIIIIIIIIIIIIilillllllillllllllllllllllllil1111111111111111111111111111111111111111111111111111111111111111111111111111J AGENDA ITEM NO. c E APPE CE REQUEST _- PUBLIC HEARING ORDINANCE CITIZENS COMMENTS c _ _ Z ~ ~ ~ 0~ ~I~~M~. _ suBJECT: ~ ~~~.. ~ - _ _ ~_ 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 BELOW: c c ^ Each speaker will be given between three to five minutes to comment whether speaking as an individual or representative. The Chairman will decide the time limit based on the number of citizens speakin on an issue, 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. c ^ All comments must be directed to the Board. Debate between a recognized speaker and audience members is not allowed. ^ Both speakers and the audience will exercise courtesy at all times. ^ Speakers are requested to leave any written statements and/or comments ' vr~th the clerk. - -_ ^ INDIVIDUALS SPEAKING ON BEHALF OF AN ORGANIZED GROUP SHALL FILE WITH THE CLERK AUTHORIZATION FROM THE GROUP c '_ ALLOWING THE INDIVIDUAL TO REPRESENT THEM. -_ _' - =_ PLEASE PRINT LEGIBLY AND GIVE TO THE CLERK - _ - _ - _ - _ - _ _ - _ - _ - - - _. - "~ - _ S~ - NAME _ - _ - _ - _ - - ADDRESS - - - - - __ __ - _ - PHONE "' ~~#`, mlillllllilllllllllllllllliilllllllllllllllllllllllllilllllllllllilillllllllillillllllllilllllillllllllllllillllillliilllllllllll~ A-121598-8 ACTION NUMBER ITEM NUMBER V~ - ~• AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: December 15, 1998 AGENDA ITEM: Request Approval of a Hazard Mitigation Grant from FEMA. VDES HMGP File # VA-1135-161-047 COUNTY ADMINISTRATOR'S COMMENTS: ~ '~ ~~ BACKGROUND: Staff has conducted a work session with the Board to discuss the awarding of a FEMA (Federal Emergency Management Agency) Hazard Mitigation Grant for acquisition of flood prone properties in the Carvin Creek watershed of Roanoke County. The grant will include the purchase of eight homes in the Sun Valley/Palm Valley area of Roanoke County. SUMMARY OF INFORMATION: The Roanoke Valley Regional Stormwater Management Plan identified the Sun Valley/Palm Valley area along Carvin Creek as having the highest concentration of flood prone homes in Roanoke County. Twenty-three homes were identified as candidates for acquisition/relocation based on severity of flooding. The original grant application was for $1 million dollars and would have included the purchase of thirteen homes. The grant amount, however, was subsequently reduced and the number of homes was reduced to eight. The grant is awarded by FEMA and administered by the Commonwealth of Virginia Department of Emergency Services. A summary of proposed costs for the project is as follows: Federal Share Administrative Costs (to locality) State Share (VADES) County Share TOTAL PROJECT COST $516,075.00 75.0% 14,762.00 2.2% 37,500.00 5.4% 119.763.00 17.4° o $688,100.00 100% 1 ~'-~ ALTERNATIVES AND IMPACT: Alternative #1: Accept the FEMA grant and authorize staff to begin the process of acquiring the identified flood prone properties in the Sun Valley/Palm Valley area of Carvin Creek in Roanoke County. Alternative #2: Decline the FEMA grant. STAFF RECOMMENDATION: Staff recommends Alternative #1, with the County's share of the project costs coming from the Flood Reduction and Drainage Control capital account. SUBMITTED BY: ~'; / -~ a GLl F _ - ~ l ~~' (~ Geor W. Sirnpso" ,III, P.E., Assistant Director Department of Community Development APPROVED BY: ~~ Elmer C. Hodge County Administrator ACTION VOTE No Yes Abs Approved (x) Motion by: Bob L. Johnson to approve Johnson _ x _ Denied () acceptance of grant Harrison _ x Received () McNamara- x Referred () Minnix _ x _ To () Nickens _ x _ cc: File George Simpson, Assistant Director, Community Development Arnold Covey, Director, Community Development Diane D. Hyatt, Director, Finance 2 ~ POANp'YF 4 Fem. A Z . {,~ '.a 1838 P.O. BOX 29800 5204 BERNARD DRIVE ROANOKE, VIRGINIA 24018-0798 MARY H. ALLEN, CMC (540) 772-2005 BRENDA J. HOLTON CLERK TO THE BOARD FAX (540) 772-2193 DEPUTY CLERK Internet E-Mail: mallen@www.co.roanoke.va.us Internet E-Mail: bholton@wwHr.co.roanoke.va.us December 16, 1998 Dr. Fred P. Roessel, Jr. Executive Director Blue Ridge Community Services 301 Elm Avenue, SW Roanoke, VA 24016-4026 Dear Dr. Roessel: This is to advise that at their meeting on Tuesday, December 15, 1998, the Board of Supervisors voted unanimously to ratify the appointment of William L. Lee as an at-large member of the Blue Ridge Community Services Board of Directors. Reverend Lee's term is for three years and will expire December 31, 2001. On behalf of the supervisors and the citizens of Roanoke County, please convey to Reverend Lee our sincere thanks and appreciation for his willingness to accept this appointment. Sincerely, mom- ~! Mary H. Allen, CMC/AAE Clerk to the Board of Supervisors cc: Reverend William L. Lee Clerk, Vinton Town Council Clerk, Roanoke City Council Clerk, Salem City Council Clerk, Botetourt County Board of Supervisors Clerk, Craig County Board of Supervisors ® Recycled Paper ~ AOANp,I.~ L ~;~ z •' c~ o ; az 1838 P.O. BOX 29800 5204 BERNARD DRIVE ROANOKE, VIRGINIA 24018-0798 MARY H. ALLEN, CMC (540) 772-2005 CLERK TO THE BOARD FAX (540) 772-21 93 Internet E-Mail: mallen@www.w.roanoke.va.us December 16, 1998 Mr. Wilmore T. Leffell, President Temp-O-Matic, Inc. P. O. Box 247 Vinton, VA 24179 Dear Mr. Leffell: BRENDA J. HOLTON DEPUTY CLERK Internet E-Mail: bholton@www.co.roanoke.va.us The members of the Board of Supervisors wish to express their sincere appreciation for your previous service to the Building Code Board of Adjustments and Appeals. Citizens so responsive to the needs of their community and willing to give of themselves and their time are indeed all too scarce. For your information, the Building Code Board of Adjustments and Appeals now also serves as the Fire Code Board of Appeals. I am pleased to inform you that, at their meeting held on Tuesday, December 15, 1998, the Board of Supervisors voted unanimously to reappoint you as a member of the Building Code Board of Adjustments and Appeals (Fire Code Board of Appeals) for another four year term. Your new term began on December 12, 1998, and will expire on December 12, 2002. State law provides that any person elected, re-elected, or appointed to any public body be furnished a copy of the Freedom of Information Act. Your copy is enclosed. State law requires that you take an oath of office before the Clerk of the Roanoke County Circuit Court. This oath must be administered r~ior to your participation on this Board. Please telephone Steven A. McGraw, at 387-6205, to arrange to have this oath administered, and Mr. McGraw has asked that you bring this letter with you. On behalf of the Supervisors and the citizens of Roanoke County, please accept our sincere thanks and appreciation for your willingness to accept this appointment. Sincerely, ~• C~~..L--~t.~L, Mary H. Allen, CMC/AAE Clerk to the Board of Supervisors Enclosures cc: Joel Baker, Building Commissioner Rich Burch, Chief of Fire & Rescue Don Gillespie, Fire Marshal Steven A. McGraw, Clerk, Circu~l,~q,aper R ANp,YF 4 ~ /,(~' r r .~ , 2 l 1 I ~r1' 11' 1~1' ~ 1~Y rY 1' ~ TY ~1' Yt' t1' Y? i~ P.O. BOX 29800 MARY H. ALLEN, CMC CLERK TO THE BOARD Internet E-Mail: mallenQwww.co.roanoke.va.us 5204 BERNARD DRIVE ROANOKE, VIRGINIA 24018-0798 (540) 772-2005 FAX (540) 772-2193 BRENDA J. HOLTON DEPUTY CLERK Internet E-Mail: bholton@www.co.roanoke.va.us December 16, 1998 Mr. Raymond C. Denney 5113 Sugarloaf Drive Roanoke, VA 24018 Dear Mr. Denney: The members of the Board of Supervisors wish to express their sincere appreciation for your previous service to the Grievance Panel. Citizens so responsive to the needs of their community and willing to give of themselves and their time are indeed all too scarce. I am pleased to inform you that, at their meeting held on Tuesday, December 15, 1998, the Board of Supervisors voted unanimously to reappoint you as an alternate member of the Grievance Panel for another three year term. Your new term began on October 10, 1998 and will expire on October 10, 2001. State law provides that any person elected, re-elected, or appointed to any public body be furnished a copy of the Freedom of Information Act. Your copy is enclosed. On behalf of the Supervisors and the citizens of Roanoke County, please accept our sincere thanks and appreciation for your willingness to accept this appointment. Sincerely, Mary H. Allen, CMC/AAE Clerk to the Board of Supervisors MHA/bjh Enclosures cc: Joe Sgroi, Director, Human Resources ® Recycled Paper ~ AOANp,I.~ ~ 's' z ';~ ~ 1838 P.O. BOX 29800 5204 BERNARD DRIVE MARY N. ALLEN, CMC ROANOKE, VIRGINIA 2401 8-0798 BRENDA J. HOLTON CLERK TO THE BOARD (540) 772-2005 DEPUTY CLERK Internet E-Mail: mallen@wwNr.co.roanoke.va.us FAX (540) 772-2 1 93 Internet E-Mail: bholtonQa www.co.roanoke.va.us December 16, 1998 Mr. Don C. Reid 5112 Red Stag Road Roanoke, VA 24014 Dear Mr. Reid: am pleased to inform you that, at their meeting held on Tuesday, December 15, 1998, the Board of Supervisors voted unanimously to appoint you as a citizen representative to the New Century Venture Center Board of Directors. State law provides that any person elected, re-elected, appointed, or re-appointed to any public body be furnished a copy of the Freedom of Information Act. Your copy is enclosed. On behalf of the Supervisors and the citizens of Roanoke County, please accept our sincere thanks and appreciation for your willingness to accept this appointment. Very truly yours, y"YC.c~,~~-- Mary H. Allen, CMC/AAE Clerk to the Board of Supervisors bjh Enclosures cc: Lisa C. Ison, President New Century Venture Center 1354 Eighth Street, SW Roanoke, VA 24015 ® Recycled Paper ROANp,I.~ _ ~' '~ c a 1838 P.O. BOX 29800 MARY H. ALLEN, CMC CLERK TO THE BOARD Internet E-Mail: mallen@www.co.roanoke.va.us 5204 BERNARD DRIVE ROANOKE, VIRGINIA 24018-0798 (5401 772-2005 FAX (5401 772-2193 December 16, 1997 Mr. A. Kyle Robinson 821 Olney Road Vinton, VA 24179 Dear Mr. Robinson: BRENDA J. HOLTON DEPUTY CLERK Internet E-Mail: bholton@www.co.roanoke.va.us The members of the Board of Supervisors wish to express their sincere appreciation for your previous service to the Planning Commission. Citizens so responsive to the needs of their community and willing to give of themselves and their time are indeed all too scarce. I am pleased to inform you that, at their meeting held on Tuesday, December 15, 1998, the Board of Supervisors voted unanimously to reappoint you as a member of the Planning Commission representing the Vinton Magisterial District for another four year term. Your new term will expire on December 31, 2002. State law provides that any person elected, re-elected, or appointed to any public body be furnished a copy of the Freedom of Information Act. Your copy is enclosed. State law requires that you take an oath of office before the Clerk of the Roanoke County Circuit Court. This oath must be administered prior to your participation on this Board. Please telephone Steven A. McGraw, at 387-6205, to arrange to have this oath administered, and Mr. McGraw has asked that you bring this letter with you. On behalf of the Supervisors and the citizens of Roanoke County, please accept our sincere thanks and appreciation for your willingness to accept this appointment. Sincerely, T°` • v Mary H. Allen, CMC/AAE Clerk to the Board of Supervisors bjh Enclosures cc: Terry Harrington, Director, Planning & Zoning Steven A. McGraw, Clerk, Circuit Court ® Recycled Paper pOANp,~.~ . G ti ',~ Z a C~~a~x~~ ~-~ ~~xx~~a.~.~e 1838 P.O. BOX 29800 5204 BERNARD DRIVE ROANOKE, VIRGINIA 24018-0798 BRENDA J. HOLTON MARY H. ALLEN, CMC (540) 772-2005 CLERK TO THE BOARD DEPUTY CLERK FAX (5401 772-2 1 93 Internet E-Mail: bholton@,niww.co.roanoke.va.us Internet E-Mail: mallen@www.co.roanoke.va.us December 16, 1998 Mrs. Nancy Greene 4837 Topping Hill Drive Roanoke, VA 24018 Dear Mrs. Greene: The members of the Board of Supervisors wish to express their sincere appreciation for your previous service to the Library Board. Citizens so responsive to the needs of their community and willing to give of themselves and their time are indeed all too scarce. I am pleased to inform you that, at their meeting held on Tuesday, December 15, 1998, the Board of Supervisors voted unanimously to re-appoint you as a member of the Library Board, representing the Cave Spring Magisterial District, for another four-year term. Your term will begin on December 31, 1998, and expire on December 31, 2002. State law provides that any person elected, re-elected, or appointed to any public body be furnished a copy of the Freedom of Information Act. Your copy is enclosed. State law requires that you take an oath of office before the Clerk of the Roanoke County Circuit Court. This oath must be administered rp for to your participation on this Board. Please telephone Steven A. McGraw, at 387-6205, to arrange to have this oath administered, and Mr. McGraw has asked that you bring this letter with you. On behalf of the Supervisors and the citizens of Roanoke County, please accept our sincere thanks and appreciation for your willingness to accept this appointment. Sincerely, ~• Mary H. Allen, CMC/AAE Clerk to the Board of Supervisors Enclosures cc: Spencer Watts, Director, Libraries Steven A. McGraw, Clerk, Circuit Court ® Recycled Paper ~ AOANp,Y~ ~ ~ ~ z c~ ~ z ~, 1838 COUNTY ADMINISTRATOR ELMER C. HODGE (540) 772-2004 C~o~~#~ of ~a~~a~e P.O. BOX 29800 5204 BERNARD DRIVE ROANOKE, VIRGINIA 24018-0798 FAX (540) 772-2193 December 16, 1998 BOARD OF SUPERVISORS BOB L. JOHNSON, CHAIRMAN HOLLINS MAGISTERIAL DISTRICT HARRY C. NICKENS, VICE-CHAIRMAN VINTON MAGISTERIAL DISTRICT FENTON F. "SPIKE" HARRISON, JR. CATAWBA MAGISTERIAL DISTRICT JOSEPH MCNAMARA WINDSOR HILLS MAGISTERIAL DISTRICT H. ODELL "FUZZY" MINNIX CAVE SPRING MAGISTERIAL DISTRICT (540) 772-2005 Rev. Phillip Whitaker Brambleton Baptist Church 4122 Cresthill Drive Roanoke, VA 24018 Dear Reverend Whitaker: On behalf of the Board of Supervisors, I would like to thank you for offering the invocation at our meeting on Tuesday, December 15, 1998. We believe it is most important to ask for divine guidance at these meetings and the Board is very grateful for your contribution. Thank you again for sharing your time and your words with us. It was good to have you with us. With kindest regards, Bob L. Johnson, Chairman Roanoke County Board of Supervisors IMemet E-Mail Internet E-Mail ehodgeQwww.co.roanoke.va.us ®Recycled Paper bos®www.co.roanoke.va.us 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: AGENDA ITEM: December 15, 1998 First Reading of Ordinance Authorizing the Lease of an Existing Dwelling and 10.40 Acres Located at the Spring Hollow Reservoir COUNTY ADMINISTRATOR'S COMMENTS: BACKGROUND: A dwelling located on the property owned by the Roanoke County Board of Supervisors at Spring Hollow Reservoir has been vacated by the previous tenants as of November 1. Past practice has been to lease the property in order to help maintain the house and 10.40 acres surrounding it. SUMMARY OF INFORMATION: A legal ad was placed in The Roanoke Times and World News giving public notice of the availability of the house for lease. A suitable application was received. The applicant has agreed to the same terms as the previous lessors and to increase rent to $500.00 per month. ~m proposed"lease-a~e~~,~,~.~,d.~p~.~nra~apat~e~ied:= ALTERNATIVES: Alternative 1: Approve the proposed lease and grant authority to County Administrator to execute lease~a~d.taf.~l~le~w-the~bo~ve~gczidel ure eal"°' se""°"s'~'f`~~i~t~perty. Alternative 2: Deny the proposed lease. Alternative 3: Direct alternative uses for the property. FISCAL IMPACT: Rental payments will be paid to the Water Fund of the Utility Department. No impact of the General Fund is anticipated. metro ~ C~~ . coU~ ~ ~ ~~' ,~ ~ AG NDA ~... CO[~NTY E~ .~,~vist'RATOR'S COMMI NTS• BACKGROUND: ACTION # ITEM NiJMBER D OF SUPERVISORS OF ROANOKE ;~~UNTY ADMINISTRATION CENTER Position to Administer Utility CIP and Prior to construction of the Spring Hollow Project, the Board of Supervisors approved three full- time positions to coordinate and oversee the water transmission projects. In the past, these employees were not only responsible for the water transmission projects, but they also provided considerable assistance with design and administrateon of the Utility C1P projects and the Petition for Public Works projects. These positions were full-time with benefits, but of a temporary nature. Funding for these positions ended June 30,1998. SUMMARY QF INFORMATION• Since July 1, 1998, Utility Staff has had o, rely more on outside consultants to provide design services and existing staff has been stretch trying to handle construction administration. Staff estimates approximately $3.0 milli n dollars of utility projects will be designed and constructed in the next two years. If t are designed and administered solely by outside firms, engineering costs will approac $400,000. rth this volume of work, it is considerably more cost effective to use County staff to a majority of the design and administration. Salary and benefits for this position would be approximately $50,000 per year. ? ~~ Utility Degarhnent staff expects this level of work to continue for the foreseeable future. 1~ISCAL Il~PACT: Funding for this position will be provided by the Utility Capital Fund for the CIl" and Petition for Public Works projects. STAFF RECQMMENDATION: Staff recommends approval of a full-time position (Civil Engineer I) with benefits. This position will be funded from the Utility Capital Fund and will be contingent on adequate funds being available. Staff also recommends that the Utility Department vehicle count be increased by one (1) for this position. APPROVED: Gary Rab~rtson, P,E. Elmer C. Hodge Utility erector County Administrator ACTIQN Approved O Motion by: Denied ( ) Received ( ) Referred to VO No Yes Abstain Harrison _ Johnson ____ McNamara __._ __._ Minnix Nickens From: "Gary Robertson" <GUP01/GLR> To: "Brenda Holton" <ADM01/BJH> Date sent: Mon, 7 Dec 1998 14:14:50 +0000 Subject: Re: Agenda for 12-15-98 I plan to have 3 board reports: Consent agenda to accept a sewe line easement from Roanoke Co. School Board First reading of Ordinance for the lease of property at Spring Hollow Request to hire a Civil Engineer to administer CIP projects and petition for public works projects. Brenda Holton -- 1 -- Mon, 7 Dec 1998 16:30:44 LEGAL NOTICE ROANOKE COUNTY BOARD OF SUPERVISORS The Roanoke County Board of Supervisors will hold a public hearing at 7 p.m. on Tuesday, December 15, 1998, in the Board Meeting Room of the Roanoke County Administration Center, 5204 Bernard Drive, Roanoke, VA, on the petition of Mark Harrell to rezone approximately 0.75 acre from R-1 to C-1 to allow an accounting office in an existing house, located at 3716 Colonial Avenue, Cave Spring Magisterial District. A copy of this application is available for inspection in the Department of Planning and Zoning, 5204 Bernard Drive, Roanoke, VA. Dated: November 23, 1998 Mary H. Allen, Clerk Please publish in the Roanoke Times Tuesday, December 1, 1998 Tuesday, December 8, 1998 Direct the bill for publication to: Roanoke County Board of Supervisors PO Box 29800 Roanoke, VA 24018 (540) 772-2005 SEND ORIGINAL AFFIDAVIT OF PUBLICATION TO: ROANOKE COUNTY BOARD OF SUPERVISORS P.O. BOX 29800, ROANOKE, VA 24018 Blue Ridge Community Services - Susan J. Gloater preirman Rita N. Foster vrc~ ~~a~ Rodney P. Furr treasurer Pamela K. Cox secretary ExecuOive Director Fred P. Rcessel, Jr., Ph.D. December 1, 1998 The Honorable Bob L. Johnson Chairman, Board of Supervisors Roanoke County PO Box 29800 Roanoke, VA 24018 Dear Mr. Johnson: According to our records, the term of Bonnie Pollock as a County on the Blue Ridge Community Services Board of December 31, 1998. In compliance with Virginia statutes community services boards, and according to our record , consideration for reappointment to another three year ter °epresentative of Roanoke )tractors will expire egulating appointments to Mrs. Pollock is eligible for At the present time, six representatives on the Board are amily members of consumers and three have been consumers of behavioral healthcare ervices at some time, for an unduplicated count of six board members. This informa 'on is provided in keeping with the statutory requirements of X37.1-195 A of the Co e of Virginia, as amended, concerning family/consumer membership on communi services boards of directors. Sincerely, Fred P. Roessel, Jr., Executive Director FPRjr/ksy c: Elmer C. Hodge John M. Chambliss. Mary H. Allen /, Susan J. Gloater Bonnie Pollock Y(f Executive Offices - 301 Elm Avenue, SW Roanoke, Virginia 24016-4001 (540) 345-9841 Fax: (540) 342-3855 TDD: (540) 345-0690 Serving the Cities of Roanoke and Salem, and the Counties of Botetourt, Craig and Roanoke From: "Mary Allen" <ADM01/MHA> To: adm01/ech Date sent: Wed, 2 Dec 1998 11:49:46 +0000 Subject: - Work Sessions on Dec. 15 Copies to: adm01/bjh, adm01/dcm I think you were out of E-Team meeting when we discussed the Work Session that the I-Team (Information Team) plans to make at the Dec. 15 meeting (It was at your suggestion, I believe). Just a reminder that we now have 3 work sessions for the 12/15 meeting: (1) Joint Work Session with Planning Commission, (2) Work Session to discuss proposed rules and procedures; and (3) Work Session with I-Team to discuss Year 2000 computer issues. Do you want to keep all three or move the I-Team one to the first meeting in January?? Let me know so I can pass the word on to those working on the work sessions. Mary Allen, Clerk to Board 772-2003 Brenda Holton -- 1 -- Wed, 2 Dec 1998 11:53:53 To: "Elmer Hodge" < ADMO1/ECH > Copies to: gis01/gws, adm01/bjh Subject: Re: FEMA Grant Date sent: Thu, 3 Dec 1998 08:07:12 Elmer, this will make FOUR work sessions on the 15th: (1) Joint WS with Planning Commission (2) Organizational Rules and Procedures (3) Information Team WS on Y2K readiness (4) Purchase of homes in Palm Valley Donnie Myers said that the Y2K Work Session could wait until Jan. I agree with you about Christmas beging good time for Palm Valley. > From : "Elmer Hodge" < ADMO 1 /ECH > > To: "George Simpson" < GISO1/GWS > > Date: Wed, 2 Dec 1998 13:31:33 +0000 > Subject: Re: FEMA Grant > Cc: adm01/mha > George, Probably a good idea, especially at Christmas. > From: "George Simpson" < GISO1 /GWS > > To : adm01 /ech > Date: Tue, 1 Dec 1998 17:12:01 +0000 > Subject: FEMA Grant > Cc: gis01/oac > Mr. Hodge, did you want us to prepare for a work session on 12/15/98 > to discuss purchase of homes in Sun Valley/Palm Valley. I gave Mary a > copy of the congressional advisory from Goodlatte's office that was > sent to some of the residents there. > George > Elmer Hodge 772-2004 Mary Allen -- 1 -- Thu, 3 Dec 1998 08:07:12 To: "George Simpson" < GISO1/GWS > Subject: Re: FEMA Hazard Mitigation Grant Date sent: Thu, 3 Dec 1998 08:08:33 George, see copy of email I sent to ECH. Maybe we can rearrange some of the other work sessions. > From: "George Simpson" < GISOI /GWS > > To : adm01 /mha > Date: Wed, 2 Dec 1998 13:44:07 +0000 > Subject: FEMA Hazard Mitigation Grant > Mary, can you pencil us in for a work session on 12/15/98 to discuss > the above (acquisition of homes in the Sun Valley/Palm Valley area)? > Or if Mr. Hodge prefers a briefing, we will do that. Thanks. > George Mary Allen -- 1 -- Thu, 3 Dec 1998 08:08:33 To: adm01/dcm, pfr01/cwh Subject: (~vd) Re: FEMA Grant Date sent: Thu, 3 Dec 1998 13:45:49 Donnie and Craig...Elmer would like to postpone the IT Y2K work session until January because he now has three work sessions (not counting yours). I've placed on agenda for January 12 meeting. See ECH's message below. ------- Forwarded Message Follows ---- "Elmer Hodge" < ADMO 1 /ECH > Subj• Post EImE Mara ---From: To: "Mary Allen" To: adm01/ech Copies to: adm01/bjh, Don Myers Subject: Work Sessions on Dec. 15 Date sent: Wed, 2 Dec 1998 11:49:33 I think you were out of E-Team meeting when we discussed the Work Session that the I-Team (Information Team) plans to make at the Dec. 15 meeting (It was at your suggestion, I believe). Just a reminder that we now have 3 work sessions for the 12/15 meeting: (1) Joint Work Session with Planning Commission, (2) Work Session to discuss proposed rules and procedures; and (3) Work Session with I-Team to discuss Year 2000 computer issues. Do you want to keep all three or move the I-Team one to the first meeting in January?? Let me know so I can pass the word on to those working on the work sessions. Mary Allen -- 1 -- Wed, 2 Dec 1998 11:49:33 From: "Terry Harrington" < ADMO1/TLH > To: adm01/mha Date sent: Wed, 18 Nov 1998 15:46:27 + 0000 Subject: December 1st Agenda Copies to: gis01/oac Agenda Item for 12/ 1 /98 Request for December 15, 1998 worksession on : 1999 Planning Commission Workprogram Priorities I' 11 have you a BOS report by next Tuesday ~a noon Terry Mary Allen -- 1 -- Thu, 19 Nov 1998 07:51:48 DECEMBER 15 AGENDA Work Session -Information Team From: "Terry Harrington" < ADMO1/TLH > To : "Mary Allen" < ADMO1/MHA > Date sent: Mon, 23 Nov 1998 08:30:57 + 0000 Subject: Re: Agenda Staff Meeting Mary... two agenda items... Worksesssion on the community plan with BOS (Janet is preparing report) request for worksession on 12/15 on PC 1999 workprogram. I'll have report to you by 12:00 today. Terry From: "Mary Allen" < ADMO 1 /MHA > To: Executive Team Date: Mon, 23 Nov 1998 08:27:52 +0000 Subject: Agenda Staff Meeting There will be an agenda staff meeting for the Dec. 1 Board meeting at 3 p.m. this afternoon in the Board Conf Room. If you have an agenda item for this agenda, please let me know the title and plan to attend the meeting. Also, we only have three working days this week, so I will need all Board Reports by Tuesday afternoon (11 /24) . Thanks for your help. Mary Allen -- 1 -- Mon, 23 Nov 1998 08:36:02 To: "Terry Harrington" < ADMOl/TLH > Subject: Re: December 1st Agenda Date sent: Thu, 19 Nov 1998 07:52:13 I' 11 add to the 12/ 1 and 12/ 15 agenda packets . > From: "Terry Harrington" < ADMO 1 /TLH > > To : adm01 /mha > Date: Wed, 18 Nov 1998 15:46:27 +0000 > Subject: December 1st Agenda > Cc: gis01/oac > Agenda Item for 12/ 1 /98 > Request for December 15, 1998 worksession on > Commission Workprogram Priorities > I' 11 have you a BOS report by next Tuesday @noon > Terry 1999 Planning Mary Allen -- 1 -- Thu, 19 Nov 1998 07:52:14 1 ~ a ~ ~/9/9~ - ~0-~0 ~aa ROANOKE COUNTY BOARD OF SUPERVISORS AGENDA DECEMBER 15, 1998 Welcome to the Roanoke County Board of Supervisors meeting. Regular meetings are held on the second Tuesday and the fourth Tuesday at 3:00 p.m. Public hearings are held at 7:00 p.m on the fourth Tuesday of each month. Deviations from this schedule will be announced. Individuals with disabilities who require assistance or special arrangement in order to participate in or attend Board of Supervisors meetings or other programs and activities sponsored by Roanoke County, please contact the Clerk to the Board at (540) 772-2005. We request that you provide at least 48-hours notice so that proper arrangements may be made. A. OPENING CEREMONIES (3:00 P.M.) 1. Roll Call 2. Invocation: Rev. Phillip Whitaker Brambleton Baptist Church 3. Pledge of Allegiance to the United States Flag B. REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF AGENDA ITEMS C. PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND AWARDS D. BRIEFINGS 1 E. NEW BUSINESS 1. Fuel tanks. (Don Myers, Assistant Administrator) 2 'ane Hyatt, Finance Director) F. G. H. 3. Approval settlement agreement with Belle Grove, P&Z. (Paul Mahoney, County Attorney) REQUEST FOR PUBLIC HEARING AND FIRST READING OF REZONING ORDINANCE -CONSENT AGENDA 1. Ordinance to obtain a Special use Permit to construct a private stable, located in the 4100 block of Garst Mill Road, Windsor Hills Magisterial District, upon the petition of David Sult. 2. Ordinance to obtain a Special Use through restaurant, located at 3944 Spring Magisterial district, upon the Development, Inc. FIRST READING OF ORDINANCES Permit to allow adrive- Brambleton Avenue, Cave petition of Grant Avenue 1. First Reading of ordinance amending the County Code to approve purchasing limit changes to the Roanoke County Procurement Code Sections 17-90, 17-91, 17-91.1 and 17-92. (Elaine Carver, Director of Procurement) 2. Firsts Reading of Ordinance authorizing lease of an existing dwelling and 10.40 acres, located at Spring Hollow Reservoir. (Gary Robertson, Utility Director) SECOND READING OF ORDINANCES 1. Second reading of ordinance authorizing approval of a settlement agreement with Nyna S. Murray and acquisition of a 20 foot drainage easement with access and temporary a construction easements, across property owned by Nyna S. Murray on Shadwell Drive in the Hollins Magisterial District, to provide for adequate drainage from Belle Grove Subdivision. (Vickie L. Huffman, Assistant County Attorney) I. APPOINTMENTS 1. Blue Ridge Community Services 2. Building Code Board of Adjustment and Appeals 3. Library Board 4. Task Force for Senior and Physically Challenged Citizens J. CONSENT AGENDA ALL MATTERS LISTED UNDER THE CONSENT A ENDA ARE CONSIDERED BY THE BOARD TO BE ROUTINE AND WILL BE ENACTED BY ONE RESOLUTION IN THE FORM OR FORMS LISTED BELOW. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY. 1. Approval of minutes for November 17, 1998. ~ ~ ~ ~ ~`~ `~ 2. Confirmation of committee appointments to Building Code Board of Adjustments and Appeals, Grievance Panel, Library Board, New Century Venture Center Board of Directors and Planning Commission. 3. Acceptance of sanitary sewer facilities serving Hollins West Communications Research Institute. ~ ~ ~f~ 4. Approval of resolution r ng and repeali min policies ,~'~~~ previously ado y the Board p~s within the Departm of Finance, and t ovide for a policy manual. ..f ~~- ,, 3 ~. Acceptance and appropriation of donated funds from Friends of the Library to the Library. Acceptance of donation of a sanitary sewer easement from the Roanoke County School Board in connection with the Tanglewood Drive Sewer Relief Project. G,'1~ (~. Request to o a minister CIP projects and p rojects. ~~' c~.3 "~ K. REQUESTS FOR WORK SESSIONS L. REQUESTS FOR PUBLIC HEARINGS M. CITIZENS' COMMENTS AND COMMUNICATIONS N. REPORTS 1. General Fund Unappropriated Balance 2. Capital Fund Unappropriated Balance 3. Board Contingency Fund 4. Future School Capital Reserve 5. Statement of the Treasurer's Accountability per investments and Portfolio Policy, as of November 30, 1998 O. WORK SESSIONS (4TH FLOOR CONFERENCE RODM) 1. Planning Commission to discuss 1999 work program priorities 2. Hazard Mitigation Grant for purchase of homes in Sun Valley/Palm Valley area. 4 3. ZHA marketing analysis study of McDonald Farm ~~ 4. Board organizational rules and procedures P. EXECUTIVE SESSION PURSUANT TO CODE OF VIRGINIA SECTION 2.1-344 A (7) TO DISCUSS LEGAL MATTER REQUIRING PROVISION OF LEGAL ADVICE, CONTRACT FOR SALE OF WATER TO CITY OF SALEM; AND (5) DISCUSSION CONCERNING ECONOMIC DEVELOPMENT PROSPECTS WHERE NO PREVIOUS ANNOUNCEMENT HAS BEEN; EVENING SESSION (7:007:00 P.M.1 Q. CERTIFICATION RESOLUTION R. PUBLIC HEARINGS AND SECOND READING OF ORDINANCE 1. Second reading of ordinance to rezone approximately 0.75 acre from R-1 to C-1 to allow an accounting office in an existing house, located at 3716 Colonial Avenue, Cave Spring Magisterial District, upon the petition of Mark Harrell. (Terry Harrington, County Planner) (CONTINUED FROM 11-17-98 BECAUSE OF TIE VOTE) THE FOLLOWING PUBLIC HEARING HAS BEEN CONTINUED UNTIL JANUARY, 1999 AT THE REQUEST OF PLANNING COMMISSION Ordinance to rezone 11.93 acres from AG-3 to AR and obtain a Special Use Permit to allow a 9-hole golf course, located on the 2600 block of Rutrough Road, Vinton Magisterial District, upon the petition of Randall Wayne Brown. S. CITIZEN COMMENTS AND COMMUNICATIONS T. REPORTS AND INQUIRIES OF BOARD MEMBERS U. ADJOURNMENT 5