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HomeMy WebLinkAbout9/28/1999 - RegularPOAN ~~~~~ Q ~F ~„ .,~ z 1838 VVOi~7ll7~ eUOCUlrl6I1L - ~UD`BCL LO ~BUL3/.OiZ ROANOKE COUNTY BOARD OF SUPERVISORS ACTION AGENDA SEPTEMBER 28, 1999 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. The meetings are broadcast live on RVTV, Channel 3, and will be rebroadcast on Thursdays at 7 p.m. and Saturdays at 4 p.m. 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 JPM ABSENT AT 3:02 P.M. 2. Invocation: The Reverend Sam Crews Coopers Cove Baptist Church 3. Pledge of Allegiance to the United States Flag B. REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF AGENDA ITEMS ECH ADDED ITEM J-5. APPOINTMENT TO GRIEVANCE PANEL. PMM ADDED ORD. TO ITEM G-2 AND ADDITIONAL ITEM TO CLOSED 1 ® Recyded Paper MEETING - 2 1-344 A (3) ACQUISITION OF REAL ESTATE. C. PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND AWARDS 1. Proclamation declaring the week of October 3 - 9, 1999 as Fire Prevention Week in Roanoke County. ACCEPTED BY CHIEF DON GILLESPIE HOM MOTION TO ADOPT PROC. -URC WITH JPM ABSENT D. BRIEFINGS NONE E. NEW BUSINESS 1. Request for appointment of Negotiating Committee to negotiate with Cox Com, Inc., D/B/A as Cox Communications for possible extension of current cable television franchise. (Joseph Obenshain, Sr., Assistant County Attorney) A-092899-1 BLJ MOTION TO APPOINT NEGOTIATING COMMITTEE URC WITH JPM ABSENT 2. Request to appropriate $1,000,000 for site improvements at the Center for Research and Technology. (Elmer C. Hodge, County Administrator) A-092899-2 FFH MOTION TO APPROPRIATE $1,000,000 FROM DIXIE CAVERNS LANDFILL CLEANUP ACCOUNT. URC WITH JPM ABSENT 3. Request to increase personnel count at Spring Hollow Water Treatment Facility. (Gary Robertson, Utility Director) A-092899-3 FFH MOTION TO INCREASE PERSONNEL COUNT BY 3 URC WITH JPM ABSENT 2 4. Request to execute a performance agreement approving a Public Private Partnership with Dragon Chemical. (Tim Gubala, Economic Development Director) A-092899-4 BLJ MOTION TO EXECUTE PERFORMANCE AGREEMENT URC WITH JPM ABSENT F. REQUEST FOR PUBLIC HEARINGS AND FIRST READING OF REZONING ORDINANCES -CONSENT AGENDA: Approval of these items does not indicate support for, or judge the merits of, the requested zoning actions but satisfies procedural requirements and schedules the Public Hearings which will be held after recommendation by the Planning Commission. HCN MOTION TO APPROVE 1ST READING 2ND AND PUBLIC HEARING -10/26/99 URC WITH JPM ABSENT 1. First reading of ordinance to rezone approximately 99.38 acres from R1 to PTD to construct a mixed use commerce park incorporating commercial, residential, industrial and open space uses, located at the 2100 block of Hardy Road, adjacent to the Blue Ridge Parkway, Vinton Magisterial District, upon the petition of the Town of Vinton. HCN REQUESTED THAT STAFF CLARIFY CERTAIN ITEMS WITH THE TOWN OF VINTON BEFORE 2ND READING. 2. First reading of ordinance to approve a Special Use Permit for Friendship Manor, Inc. to allow the expansion of a life care facility of a 40+ acre site located at the intersection of Florist Road and Hershberger Road in the Hollins Magisterial District. G. FIRST READING OF ORDINANCES 1. First reading of ordinance amending and readopting the Zoning Ordinance by the addition of standards for the design and development of Cluster Housing. (Terry Harrington, County 3 Planner) BLJ MOTION TO APPROVE 1ST READING 2ND _ 10/26/99 2. First reading of ordinance extending the current franchise agreement with Adelphia (Salem) Cable for ninety days and request for appointment of negotiating committee to negotiate a new franchise agreement. (Anne Marie Green, Community Relations Director) 0-092899-5 HOM MOTION TO WAIVE 2ND READING AND ADOPT ORD AND APPOINT NEGOTIATING COMMITTEE -URC WITH JPM ABSENT H. SECOND READING OF ORDINANCES 1. Second reading of an ordinance authorizing the execution of an agreement with the City of Roanoke amending and superseding previous agreements, providing for the sale of bulk and surplus water and the appropriation of funds. (Gary Robertson, Utility Director) 0-092899-6 FFH MOTION TO ADOPT ORD URC WITH JPM ABSENT 2. Second reading of ordinance authorizing the execution of an agreement with Botetourt County to provide water to a portion of Botetourt County, including the option to sell a portion of the Read Mountain Water Company to Botetourt County. (Paul Mahoney, County Attorney) 0-092899-7 BLJ MOTION TO ADOPT ORD WITH TIME FRAME 30 DAYS AFTER EXECUTION OF THE CONTRACT. URC WITH JPM ABSENT I. APPOINTMENTS 4 1. Blue Ridge Community Services Board of Directors BLJ NOMINATED RITA GLINIECKI TO BE REAPPOINTED AS COUNTY REPRESENTATIVE TO A THREE-YEAR TERM WHICH WILL RUN FROM 1/1 /2000 TO 12/31 /2003. 2. Grievance Panel 3. Highway and Transportation Safety Commission 4. League of Older Americans -Advisory Council J. CONSENT AGENDA ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED BY THE BOARD TO BE ROUTINE AND WILL BE ENACTED BY ONE RESOLUTION IN THE FORM OR FORMS LISTED BELOW. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY. R-092899-8 BLJ MOTION TO ADOPT CONSENT RESO WITH ITEM J-4 ADDED URC WITH JPM ABSENT 1. Approval of minutes -August 10, 1999, August 24, 1999 2. Appropriation of $3,114 Compensation Board reimbursement for additional capital purchase for the Commonwealth Attorney's Office. A-092899-8 .a 3. Adoption of resolution to file Public Library Internet Access Policy With the Library of Virginia. R-092899-8 .b 4. Confirmation of Committee Appointment to the Grievance Panel. A-092899-8.c K. REQUESTS FOR WORK SESSIONS 5 1. Request for joint Work Session with the Planning Commission on October 12 to discuss Cluster Housing zoning ordinance amendments. (Terry Harrington, County Planner) WORK SESSION SCHEDULED FOR 10/12/99 L. REQUESTS FOR PUBLIC HEARINGS NONE M. CITIZENS' COMMENTS AND COMMUNICATIONS NONE N. REPORTS BLJ MOTION TO RECEIVE AND FILE AFTER DISCUSSION OF ITEM 8 -UW 1. General Fund Unappropriated Balance 2. Capital Fund Unappropriated Balance 3. Board Contingency Fund 4. Future School Capital Reserve 5. Accounts Paid -August, 1999 6. Proclamations signed by the Chairman 7. Revenues and Expenses for the two month period ended August 31, 1999. 8. Settlement of County of Roanoke v. Wayne Engineering Corporation. O. WORK SESSIONS (4TH FLOOR CONFERENCE ROOM) 4:30 p.m. 6 1. Report on Y2K Contingency Plans for the County of Roanoke HELD FROM 5:00 TO 5:30. PRESENTED BY DON MYERS JOHN CHAMBLISS. DAVID CHANDLER AND ANNE MARIE GREEN. STAFF TO BRING BACK UPDATE UNDER "REPORTS" SECTION OF AGENDA. P. CLOSED MEETING pursuant to Code of Virginia Section 2.1-344 A (7) consultation with legal counsel and briefings by staff members. Probable litigation with Rising Star Camp; and 2.1-344 A (1) personnel matter, grievance in the Sheriff's Office; AND 2.1-344 A (3) acquisition of real estate. BLJ MOTION TO GO INTO CLOSED MEETING AT 3:58 P.M. URC WITH JPM ABSENT CLOSED SESSION HELD FROM 4:00 P.M. TO 5:00 P.M. BLJ ABSENT FOR DISCUSSION OF ACQUISITION OF REAL ESTATE (4:00 - 4:20 P.M. EVENING SESSION X7:00 P.M.) Q. CERTIFICATION RESOLUTION R-092899-9 BLJ ANNOUNCED HE DID NOT PARTICIPATE IN DISCUSSION OF ACQUISITION OF REAL ESTATE. BLJ MOTION TO RETURN TO OPEN MEETING AND ADOPT CERTIFICATION RESO -URC WITH JPM ABSENT R. PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND AWARDS 1. Resolution of Congratulations to the Roanoke Star Girls U14 Soccer Team for their achievements in the Gothia Club in Sweden and the Brondby Cup in Denmark. R-092899-10 HOM MOTION TO ADOPT RESO URC WITH JPM ABSENT ACCEPTED BY COACH AND TEAM MEMBERS S. PUBLIC HEARINGS 7 1. Public hearing and adoption of a resolution for the issuance of Virginia Public School Authority Bonds of $6,920,000 to finance South County High School Land/A&E, High School Science Lab Renovations, and Glenvar Middle A&E. (Penny Hodge, Assistant Finance Director) R-092899-11 FFH MOTION TO ADOPT RESO URC WITH JPM ABSENT NO CITIZENS SPOKE T. PUBLIC HEARING AND SECOND READING OF ORDINANCES 1. Second reading of ordinance to rezone approximately 33 acres from AR to R-1 with conditions to construct a single family subdivision, located adjacent to Merriman Road near the Blue Ridge Parkway, Cave Spring Magisterial District, upon the petition of Don Bandy. (Terry Harrington, County Planner) 0-092899-12 HOM MOTION TO ADOPT ORD URC WITH JPM ABSENT 2. Second reading of ordinance to rezone .98 acre from R-3 to C-1 with conditions to expand an existing clubhouse, located at 4231 Garst Mill Road, Windsor Hills Magisterial District, upon the petition of Roanoke Rebos, Inc. (Terry Harrington, County Planner) 0-092899-13 BLJ MOTION TO ADOPT ORD URC WITH JPM ABSENT 3. Second reading of an ordinance vacating and closing an unimproved and unused portion of right-of-way known as Cave Spring Lane in Section 3, Nottingham Hills Subdivision, recorded in Plat Book 7, Page 32 and located in the Windsor Hills Magisterial District. (Arnold Covey, Community Development Director) 8 0-092899-14 BLJ MOTION TO ADOPT ORD URC WITH JPM ABSENT 4. Second reading of ordinance to vacate a major portion of a 20- foot water line easement across property of Liberty Property Development Corporation at Valley Park Center, Valleypointe (Tax Map No. 37.07-1-16, 16.1 and 17) located in the Hollins Magisterial District. (Arnold Covey, Community Development Director) 0-092899-15 BLJ MOTION TO ADOPT ORD URC WITH JPM ABSENT U. CITIZENS' COMMENTS AND COMMUNICATIONS STEVE JACOBS, 4840 PLEASANT HILL DRIVE ,EXPRESSED CONCERN ABOUT THE IMPACT TO THE NEIGHBORHOOD OF THE ACCESS ROAD TO THE NEW SOUTH COUNTY HIGH SCHOOL. HE PRESENTED ALTERNATIVES TO THE PROPOSED ACCESS ROAD. V. REPORTS AND INQUIRIES OF BOARD MEMBERS Supervisor Harrison announced that there have been two successful events at Green Hill Park recently: (1) the Mud Run which drew 1800 participants and the annual Polo Cup sponsored by the Roanoke Symphony. Supervisor Nickens: (1) Asked for an update in October on changes to the refuse collection. ~1 Advised that he asked the United Way to develop a proposal to handle Roanoke County's funding of human service agencies. He asked staff to analyze the proposal that he has received. (3) Advised that he has received a response from Granger MacFarlane concerning use of Back Creek as a water source. He reported that the residents in the Bandy Road area are concerned and assured them that the County will protect their interests while still abating the water crisis. Supervisor Johnson: ~1 Reminded everyone that there is plenty of water, and that the problem is water distribution. ~2) Announced that there were two special events recently: (a) the ribbon cutting at the Senior Center at Walrond Park: and (bl the ground breaking at the Regional Fire Training Center. ~) Announced that the new Lowes opening is scheduled for October 13. Supervisor Minnix: Advised there was also a ground breaking ceremony at the new South County Park which will be an asset to the community. W. ADJOURNMENT BLJ ADJOURNED MEETING AT 7:55 P.M. 10 F ~~ ~ z 7838 ROANOKE COUNTY BOARD OF SUPERVISORS AGENDA SEPTEMBER 28, 1999 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. The meetings are broadcast live on RVTV, Channel 3, and will be rebroadcast on Thursdays at 7 p.m. and Saturdays at 4 p.m. Individuals with disabilities who require assistance or special arrangement in order to participate in or attend Board of Supervisors meetings or other programs and activities sponsored by Roanoke County, please contact the Clerk to the Board at (540) 772-2005. We request that you provide at least 48-hours notice so that proper arrangements may be made. A. OPENING CEREMONIES (3:00 P.M.) 1. Roll Call 2. Invocation: The Reverend Sam Crews Coopers Cove Baptist Church 3. Pledge of Allegiance to the United States Flag B. REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF AGENDA ITEMS C. PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND AWARDS 1. Proclamation declaring the week of October 3 - 9, 1999 as Fire Prevention Week in Roanoke County. 1 ® Recycled Paper D. BRIEFINGS E. NEW BUSINESS 1. Request for appointment of Negotiating Committee to negotiate with Cox Com, Inc., D/B/A as Cox Communications for possible extension of current cable television franchise. (Joseph Obehshain, Sr. Assistant County Attorney) 2. Request to appropriate $1,000,000 for site improvements at the Center for Research and Technology. (Elmer C. Hodge, County Administrator) 3. Request to increase personnel count at Spring Hollow Water Treatment Facility. (Gary Robertson, Utility Director) 4. Request to execute a performance agreement approving a Public Private Partnership with Dragon Chemical. (Tim Gubala, Economic Development Director) F. REQUEST FOR PUBLIC HEARINGS AND FIRST READING OF REZONING ORDINANCES -CONSENT AGENDA: Approval of these items does not indicate support for, or judge the merits of, the requested zoning actions but satisfies procedural requirements and schedules the Public Hearings which will be held after recommendation by the Planning Commission. 1. First reading of ordinance to rezone approximately 99.38 acres from R1 to PTD to construct a mixed use commerce park incorporating commercial, residential, industrial and open space uses, located at the 2100 block of Hardy Road, adjacent to the Blue Ridge Parkway, Vinton Magisterial District, upon the petition of the Town of Vinton. 2. First reading of ordinance to approve a Special Use Permit for Friendship Manor, Inc. to allow the expansion of a life care facility of a 40+ acre site located at the intersection of Florist Road and Hershberger Road in the Hollins Magisterial District. G. FIRST READING OF ORDINANCES 2 1. First reading of ordinance amending and readopting the Zoning Ordinance by the addition of standards for the design and development of Cluster Housing. (Terry Harrington, County Planner) 2. First reading of ordinance extending the current franchise agreement with Adelphia (Salem) Cable for ninety days and request for appointment of negotiating committee to negotiate a new franchise agreement. (Anne Marie Green, Community Relations Director) H. SECOND READING OF ORDINANCES 1. Second reading of an ordinance authorizing the execution of an agreement with the City of Roanoke amending and superseding previous agreements, providing for the sale of bulk and surplus water and the appropriation of funds. (Gary Robertson, Utility Director) 2. Second reading of ordinance authorizing the execution of an agreement with Botetourt County to provide water to a portion of Botetourt County, including the option to sell a portion of the Read Mountain Water Company to Botetourt County. (Paul Mahoney, County Attorney) I. APPOINTMENTS 1. Blue Ridge Community Services Board of Directors 2. Grievance Panel 3. Highway and Transportation Safety Commission 4. League of Older Americans -Advisory Council J. CONSENT AGENDA ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED BY THE BOARD TO BE ROUTINE AND WILL BE ENACTED BY ONE RESOLUTION IN THE FORM OR FORMS LISTED BELOW. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE 3 REMOVED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY. 1. Approval of minutes -August 10, 1999, August 24, 1999 2. Appropriation of $3,114 Compensation Board reimbursement for additional capital purchase for the Commonwealth Attorney's Office. 3. Adoption of resolution to file Public Library Internet Access Policy With the Library of Virginia. K. REQUESTS FOR WORK SESSIONS 1. Request for joint Work Session with the Planning Commission on October 12 to discuss Cluster Housing zoning ordinance amendments. (Terry Harrington, County Planner) 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. Accounts Paid -August, 1999 6. Proclamations signed by the Chairman 7. Revenues and Expenses for the two month period ended August 31, 1999. 4 8. Settlement of County of Roanoke v. Wayne Engineering Corporation. O. WORK SESSIONS (4TH FLOOR CONFERENCE ROOM) 4:30 p.m. 1. Report on Y2K Contingency Plans for the County of Roanoke P. CLOSED MEETING pursuant to Code of Virginia Section 2.1-344 A (7) consultation with legal counsel and briefings by staff members. Probable litigation with Rising Star Camp; and 2.1-344 A (1) personnel matter, grievance in the Sheriff's Office. EVENING SESSION (7:00 P.M.) Q. CERTIFICATION RESOLUTION R. PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND AWARDS 1. Resolution of Congratulations to the Roanoke Star Girls U14 Soccer Team for their achievements in the Gothia Club in Sweden and the Brondby Cup in Denmark. S. PUBLIC HEARINGS 1. Public hearing and adoption of a resolution for the issuance of Virginia Public School Authority Bonds of $6,920,000 to finance South County High School Land/A&E, High School Science Lab Renovations, and Glenvar Middle A&E. (Penny Hodge, Assistant Finance Director) T. PUBLIC HEARING AND SECOND READING OF ORDINANCES 1. Second reading of ordinance to rezone approximately 33 acres from AR to R-1 with conditions to construct a single family subdivision, located adjacent to Merriman Road near the Blue Ridge Parkway, Cave Spring Magisterial District, upon the petition of Don Bandy. (Terry Harrington, County Planner) 2. Second reading of ordinance to rezone .98 acre from R-3 to C-1 with conditions to expand an existing clubhouse, located at 4231 5 Garst Mill Road, Windsor Hills Magisterial District, upon the petition of Roanoke Rebos, Inc. (Terry Harrington, County Planner) 3. Second reading of an ordinance vacating and closing an unimproved and unused portion of right-of-way known as Cave Spring Lane in Section 3, Nottingham Hills Subdivision, recorded in Plat Book 7, Page 32 and located in the Windsor Hills Magisterial District. (Arnold Covey, Community Development Director) 4. Second reading of ordinance to vacate a major portion of a 20- foot water line easement across property of Liberty Property Development Corporation at Valley Park Center, Valleypointe (Tax Map No. 37.07-1-16, 16.1 and 17) located in the Hollins Magisterial District. (Arnold Covey, Community Development Director) U. CITIZENS' COMMENTS AND COMMUNICATIONS V. REPORTS AND INQUIRIES OF BOARD MEMBERS W. ADJOURNMENT 6 Action No. Item Number - ~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 28, 1999 AGENDA ITEM: Request for Roanoke County Board of Supervisors to proclaim the week of October 3-9, 1999 as Fire Prevention Week COUNTY ADMINISTRATOR'S COMMENTS: ~~~j,Q SUMMARY OF INFORMATION: In cooperation with the nonprofit National Fire Protection Association(NFPA), local fire departments across the country join to participate in National Fire Prevention Week. The week of October 3-9, 1999 has been chosen to commemorate the Great Chicago Fire of 1871, which killed more than 250 persons, left 100,000 homeless, and destroyed more than 17,400 buildings. By issuing this proclamation, citizens of Roanoke County are encouraged to participate in fire prevention activities at home, work, and school, and to execute "The Great Escape" to ensure their safety and the safety of their families in the event of a fire. FISCAL IMPACT: STAFF RECOMMENDATION: Staff recommends the acceptance and approval of the proclamation for National Fire Prevention Week. bm' ted b, : A ed ~~ ~ . Q Richard E. Burch, Jr. ~ Elmer C. Hod e Chief, Fire and Rescue County Administrator ACTION VOTE No Yes Abs Approved ( ) Denied ( ) Received ( ) Referred ( ) To () Motion by: Johnson Harrison McNamara Minnix Nickens cc: File Richard E. Burch, Jr., Chief ~~-1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 28, 1999 PROCLAMATION DECLARING OCTOBER 3 THROUGH 9, 1999 AS FIRE PREVENTION WEEK IN ROANOKE COUNTY WHEREAS, smoke and poisonous gases are the leading causes of death in fires, and can kill a person long before the flames will; and underestimating the power of fire and the time it takes to escape a home fire puts people at severe risk of fire death and injury; and WHEREAS, developing and practicing a home fire escape plan at least twice a year are critical to escaping real fire safely; and WHEREAS, a complete home escape plan includes working smoke alarms, everyone in the household knowing two ways out of each room, having an outside location where everyone will meet upon exiting and memorizing how to call your local fire department in an emergency; and WHEREAS, National Fire Prevention Week will be observed on October 3 through 9, 1999, and is devoted to educating the public about the extreme importance of having a home escape plan and practicing it regularly with the theme "Fire Drills: The Great Escape"; and WHEREAS, the Roanoke County Fire & Rescue Department is dedicated to the safety of life and property from the devastating effects of fire. NOW, THEREFORE, WE, the Board of Supervisors of Roanoke County, Virginia, in cooperation with the nonprofit National Fire Protection Association do hereby proclaim October 3 through 9, 1999, as FIRE PREVENTION WEEK in Roanoke County; and c-~ BE IT FURTHER PROCLAIMED that the Board urges all citizens to observe the week by participating in fire prevention activities at home, work and school, and to execute "The Great Escape" to ensure their safety and the safety of their families in the event of a fire. 2 y ~~ ACTION # 092899-1 ITEM NUMBER ~~` AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIItGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 28, 1999 AGENDA ITEM: Request for Appointment of Negotiating Committee for Roanoke County to Negotiate with Cox Com, Inc.,D/B/A as Cox Communications, for Possible Extension of Current Cable Television Franchise in Coordination with the City of Roanoke and Town of Vinton, Virginia. COUNTY ADMINISTRATOR'S COMMENTS: BACKGROUND: The current cable television franchise between Roanoke County and Cox Communications (presently operating as Cox Com, Inc.) (hereinafter referred to as "Cox") expires in May, 2003, simultaneous with their franchise with the City of Roanoke and the Town of Vinton. Cox Communications has expressed the strong desire to negotiate an extension of their franchise at this time rather than waiting unti12003. Cox has recently announced its intention to invest $8.5 Million in its physical plant ,styled "Cox Digital Revolution", to upgrade their technological capabilities in the Roanoke Valley to permit full digital television and high speed Internet access capabilities. SUNIlVIA]EZY OF INFORMATION: At a recent meeting of the Roanoke Valley Regional Cable Television Committee, Cox's General Manager requested that the Committee express its support of an extension of Cox's franchise with the three participating jurisdictions. In lieu of Committee action, the members agreed that legal counsel should request guidance from their respective governing bodies as to the direction in which each locality desired to proceed in response to Cox's request. The two apparent options to the local governments are to undertake informal negotiations with Cox for an extension of their currently existing franchise at this time or wait for at least two more years and begin either formal or informal negotiations with Cox at that time for a new franchise agreement. ~~ A brief description of the advantages and disadvantages of these options follows: OPTION I: Extend Cox's existing franchise agreement for an a rg eed upon term: Cox's request for an extension of their existing franchise coincides with their announced plans for substantial capital investment in their infrastructure in the Roanoke Valley. An extension of their cable television franchise should assist Cox in securing the capital investment which is required for the improvement of their physical plant. These investments will assist the Roanoke Valley in being on the leading edge of technology as we enter the 21st Century. Cox has proved to be a very responsible corporate citizen of the Roanoke Valley and extension of their franchise would be perceived as a vote of confidence in their efforts. Potential disadvantages of an extension of the current franchise include the inability to substantially modify or improve the existing agreement and the opportunity to benefit from either technological or legislative changes between now and May of 2003. OPTION II: Refuse to negotiate at this time and wait to open negotiations in late 2002/earl 2~ 003: This would allow the current franchise agreement between the three Valley jurisdictions and Cox to run its natural course. The current wave of corporate consolidations within the tele- communications industry and ongoing technological advancements may bring significant changes to Cox's situation within the next three years. Formal renegotiation of a new franchise agreement would permit the local governments to explore improvements in the existing franchise. However, refusal to negotiate with Cox as they have requested may put them in a much less cooperative attitude three years hence. Furthermore, there is the real potential that Cox might either sell this franchise or be acquired by another and less desirable cable system operator. In that situation, the Roanoke Valley governments might find them- selves dealing with a much less cooperative entity; one which is much less willing to continue to provide the level of investments and services which we have come to expect from Cox. FISCAL M'ACT: None anticipated at this time STAFF RECOMMENDATION: Staff recommends that the Board approve Option I and appoint a negotiating committee composed of Dr. Hang Nickens, Anne Marie Green, Dr. Jane James, and Jim Dickey to meet jointly with representatives designated by the City of Roanoke, the Town of Vinton and Cox to explore mutually acceptable terms for extension of the current cable franchise agreement. Respectfully submitted, ~~ I ~~ _ ,. Josk~h B. County Attorney ----------------------------------------------------------------------------- ACTION VOTE No. Yes Abs Approved (X) Motion by: Bob Johnson to appoint Harrison X Denied () negotiating committee _ Johnson _ X Received () McNamara- X Referred () Minnix - X To () Nickens _ X cc: Fite Joseph Obenshain, County Attorney's Office Anne Marie Green, Community Relations Dr. Jean James, Roanoke County Schools Mary Parker, Roanoke City Clerk Carolyn Ross, Vinton Town Clerk f ~ ACTION # 092899-2 ITEM NUMBER ~ °~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 28, 1999 AGENDA ITEM: Request for $1,000,000 appropriation for site improvements at the Center for Research and Technology COUNTY ADMINISTRATOR'S COMMENTS: BACKGROUND: On March 11, 1997, Roanoke County held a press conference to announce the purchase of a 457 acre site located on Route 11 /460. The site, part of which would be used as a technology and/or business park, is now known as the Center for Research and Technology. A Community Advisory Committee with representatives from the residential and business community in West Roanoke County was asked to participate in the development of a concept plan for the site. On July 23, 1997, the Board of Supervisors approved spending $3,000,000 to purchase the site. Payments were to be made over three years, and the last payment of $1,057,650 is included in this year's budget to be paid in November. The cost of the economic development project was estimated at $12,461,767 with Phase I, Stage I estimated to cost $5,370,852. Hayes, Seay, Mattern and Mattern and Lumsden Associates were hired to conduct an Engineering Concept Plan for the entire property and complete engineering design plans for Phase I, Stage I. Because of the strategic location of the proposed project on VA's Technology Corridor and its close proximity to Virginia Tech, Congressman Rick Boucher held a press conference on the site on April 8, 1999 to announce his support of the project and to offer his assistance in requesting federal funds for the industrial access road and recruitment of high tech firms. SUMMARY OF INFORMATION: It is now time to construct some of the site improvements in order to mount an active marketing campaign. To do so, we are asking that $1,000,000 be allocated for the project. These funds will construct the sewer line, the entrance road and internal roadway spur for Phase I, Stage I. The funds will be used as follows: Sewer ($794,000 $250,000 of this cost is the boring of a tunnel under Interstate 81 ($600 per foot). The remainder of the total cost is laying the sewer line and acquiring the easements. Economic Development is also applying fora $100,000 Rural Development Business Grant from the USDA to assist in the cost of laying the sewer line. The deadline to apply is October 1, and it will be several months before learning whether we will be awarded the grant. It is anticipated that sewer can be extended to CRT by May 1, 2000. ~# 4... '~ Road Improvements ($866,577: This will include a two lane entrance road (30 feet wide) with curb and gutter, and two cul-de-sacs in the approximate 2600 linear foot roadway, landscaping and a distinctive park entrance sign with lighting. Attached is a photograph of another business park entrance that may be used as a model for the CRT entrance. We will apply for $300,000 funding from VDOT, with another $150,000 in matching funds for the industrial access road. Less money will be needed if the roadway length is reduced. HSMM has developed a cost estimate for the entrance portion of the industrial access road and completion is scheduled for June 1, 2000. No additional funds for the water line will be needed at this time. The Utility Department has funds budgeted in the CIP to cover the water line from Dow Hollow Road up Glenmary Drive, and to the Phase I, Stage I development for the projected cost of $655,000. This is part of the North Loop Transmission Line and Utility Director Gary Robertson has moved up construction of the line to assist in getting water to North Roanoke County, the City of Roanoke and move this important economic development project forward. The Utility Department has begun the bid process for the 24 inch water line along Glenmary Drive to the park entrance. FISCAL IMPACT: The total amount that will be needed for site improvements is $1,660,577. At this time, however, $1,000,000 is being requested to begin the sewer and road improvements. The Board has expressed a desire to use Dixie Caverns money for improvements at CRT. We anticipate the balance of these funds can be made up from grant revenues and design savings, along with funding available from VDOT. STAFF RECOMMENDATION: Staff recommends that the Board of Supervisors appropriate $1,000,000 from the Dixie Caverns Landfill Cleanup account to begin the site improvements at the Center for Research and Technology. Res tfully Su fitted by Elmer C. Hodge County Administrator -------------- ACTION ------------------ --------- VOTE ----------- Approved (x) Motion bv: Harrison to appropriate No. Yes Abs $1.000.000 from Dixie Caverns Harrison X Denied () Landfill Cleanup Account Johnson _ X Received () _ _ Referred () McNamara - - X To () Minnix - X Nickens - X cc: File Diane Hyatt, Finance Director Melinda Cox, Economic Development Gary Robertson, Utility Department Arnold Covey, Community Development Tim Gubala, Economic Development .~ _. ~+ Center for Research & Technology Natural Stone Entrance Wall In order to construct a entrance to the Center for Research & Technology that is environmentally sensitive to the surrounding rural countryside, a natural block wall was chosen. As the industrial access road veers to the left into the park from Glenmary Drive, it will be accompanied by a low stone wall that leads up to the main entrance sign displaying the County seal and park name. Followed by a corporate marquee of the same design and block. The entire entrance plan will be a traditional design appropriate to the materials that are incorporated (similar to the above photograph). r ' ", ~'"' ~~ Center for Research & Technology Natural Stone Entrance Wall ,~ .. :~ ~t:.., ~. ~~t: ..~~~~ -. ~~~ .~_ a ~~~~ ~~ _ ~ .~F. • In order to construct an entrance to the Center for Research & Technology that is environmentally sensitive to the surrounding rural countryside, a natural block wall was chosen. As the industrial access road veers to the left into the park from Glenmary Drive, it will be accompanied by a low stone wall that leads up to the main entrance sign displaying the County seal and park name, followed by a corporate marquee of the same design and block. The entire entrance plan will be a traditional design appropriate to the materials that are incorporated (similar to the above photograph). ' , ~,"` ACTION # 092899-3 ITEM NUMBER + ~~'" ~' AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 28, 1999 SUBJECT: Request to Increase Personnel Count at Spring Hollow Water Treatment Facility COUNTY ADMINISTRATOR'S COMMENTS: ~~~„~ BACKGROUND: The Spring Hollow Water Treatment Facility had an average production of four million gallons a day prior to this summer. This production rate can be managed with one 8-hour shift, 7 days a week. The present staff includes a supervisor, 3 water operators, 2 laboratory technicians, and 1 maintenance person. SUMMARY OF INFORMATION: The recent water agreement between Roanoke County and Roanoke City has a significant impact on the water treatment facility. A single 8-hour shift can produce approximately 4.5 mgd of water, with each successive shift producing 5 mgd. The agreement stands to increase average production from 4 million gallons per day to 6 million gallons per day with peak production at lOmgd, and moves the operation to two shifts, 7 days a week as shown below: 3 - 4 mgd Average production at Spring Hollow prior to July 1999 2 mgd Increased production to cover County water needs previously purchased from Roanoke City 4 mgd Roanoke City capacity (when neededl 9-10 mgd TOTAL The second shift has been operating since July 1999 by utilizing existing personnel on an overtime basis. With implementation of the new agreement, a second shift will remain as the standard mode of operation. Three new personnel (2 operators, 1 trainee) will be required to staff the second shift. ,~ This would provide for basic operation only, and overtime will still be required to cover sickness and vacation. FISCAL IMPACT: Three additional personnel will cost approximately $90,000 per year. These costs are included as a portion of the $821,250 increase in the water treatment facility production costs as shown on the attached analysis. This analysis is based on Roanoke County producing an additional 2.25 mgd for County use plus 1 mgd (yearly average) sale to Roanoke City. In future years these costs will be covered by the $1.6 million savings by not purchasing water from Roanoke City. Present year costs will be covered by the sale of water to Roanoke City. RECOMMENDATION: Staff recommends that the personnel count for the Utility Department be increased by three people. SUBMITTED BY: Gary Rob rtson, P.E. Utility Director ACTION C- ~' APPROVED: r C. Hodge County Administrator VOTE No. Yes Abs Approved (X) Denied ( ) Received ( ) Referred ( ) To ( ) Motion by: Harrison to increase personnel count by 3 Harrison X Johnson _ X McNamara- _ X Minnix _ X Nickens _ X cc: File Joe Sgroi, Human Resources Gary Robertson, Utility Department Brent Robertson, Budget Manager ... 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C U N w C ~~ C d C C N ~ m c ~ m ~~ LL ` y `~ m m m c o~ ~ ~ ~ y '~ m m a N ii a~ > a ' d > m ~ 0~ ~~ o `m o m m m E m0 ~~ ~ ~ ~ 00~ o c 0 m ~ as c is ~,~ m O Z ~'~ °c ~ ~ o 0 0 ~~ R ` in0`~ ~F-m iamR =aim m m ~ m H ~ .E m~ O m m H m~ H Q R~ c c ~~ ~~ ~~U ~ G V /C QQ~ N N ~~ ~ ~O ~ d N 16 ~(n1=1- ~ W Z 0 l6 a m U 0 m R .; Q N ~ O r O ~ r N O O ~ ~ ~ O ° C ~ O ` O ~ ° O ~ O N ' C m ~ O ~ (A ~ ~ O (A o ~ y aD 3 ~ ~ m E c ri y c tp ~ y ~ ~ .~ N N O C~ C U C o O ~ y ~ N ~ ~ m V O~ y6 (~ C ~ ~ d`~m mam i ~ c O h m o m ~ a~ m y p p O Z o cA Z ~ N Z W m m Z y 16 ~ = ~ ~ C Q N M O U ~- (A N (A N is Z m m `c 0 E 0 U U C l6 C LL • ~ ACTION # 092899-4 ,,,,._ .. Y C~ Item No. ~ 7 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, ROANOKE COUNTY ADMINISTRATION CENTER, 5204 BERNARD DRIVE, SW., ROANOKE COUNTY, VIRGINIA ON TUESDAY, MEETING DATE: September 28, 1999 AGENDA ITEM: Request to execute a Performance Agreement approving a Public Private Partnership with Dragon Chemical Corporation COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Dragon Chemical Corporation is negotiating with County staff, the Industrial Development Authority of Roanoke County and the Greater Roanoke Valley Development Foundation to expand its manufacturing operations in Roanoke County. The Company blends chemicals and produces pesticide products for use in homes and gardens. Burlington Biotech recently purchased Dragon and determined that it needed to expand the building and capacity to meet the market demands for their products. Dragon searched regionally for a location and County staff proposed that the Company locate in the vacant 75,000 square foot "shell building" constructed by the Foundation on a 17.3 acre tract in Valley Gateway in the Route 460 East Corridor. Dragon is negotiating with the Foundation to acquire the building for $1,528,201. Dragon Chemical Corporation is seeking $4,800,000 of Industrial Revenue Bond financing so that it can acquire the land, purchase equipment, complete construction of the shell building and employ 110 employees. The Company desires to have the building remodeled and be in operation by October 1, 2000. The estimated total new tax revenues over a 5-year period from real estate, personal property and machinery and tools is $250,642. The 105 acre Valley Gateway Business Park is a joint development effort initiated in 1996 by Roanoke County, Fralin & Waldron, the Authority, and the Foundation. Roanoke County received a $200,000 industrial access road allocation from the Virginia Department of Transportation (VDOT) in February 1997 and partnered with Fralin & Waldron to construct .~ ,,,~ ,~ ~/ the road, make entrance improvements on Route 460 and extend public and private utilities to the site. The Industrial Access Road Fund requires that a "qualifying industry" must locate within 3 years of the road project approval or the locality must reimburse VDOT for its allocation. The County also purchased a 17.3 acre site from Fralin and Waldron for $260,440 and donated it to the Foundation so that a shell building could be constructed. A multi-party agreement was executed by the development partners stipulating that the occupant of the shell building would have an investment goal of over $10 million within three years of occupancy. The estimated tax revenues from this investment would pay back the County for the purchase of the land. If a manufacturing company met the investment goal, the Authority could discount the note on the land and release the Foundation from its obligation to repay the County for its purchase of the land. Dragon Chemical Corporation's investment of $4,800,000 will generate enough taxes to meet half of the investment goal. Staff has calculated that the Company could meet the goal if the Board of Supervisors would consider a payback period of 5 years. Also, staff conversations with the Virginia Department of Business Assistance indicate that Dragon is a "qualifying industry" and will relieve the County of its obligation to reimburse VDOT for the road costs. The total amount of estimated new taxes of $250,642 over 5 years will provide the Board of Supervisors a 5-year payback on its original investment. These new tax revenues, combined with $64,000 which the County will receive when the property is sold to Dragon, will more than cover the $196,000 discount of the note and the $90,000 of proposed incentives for utility connection fees for water, sewer, fire service, and a site development grant. Staff recommends that the Board of Supervisors authorize the County Administrator to execute a performance agreement with Dragon Chemical Corporation on a form approved by the County Attorney. FISCAL IMPACT: Staff estimates that new tax revenues of $250,642 and the $64,000 from the sale of the land will more than offset the $90,000 public private partnership funds and the $196,000 note payment within 5 years of occupancy. Funds for the Utility connection fees have been appropriated to the Economic Development Capital Account as part of the FY 1999-2000 Budget. • , • ~• r` STAFF RECOMMENDATION: ~-y Staff recommends that the Board of Supervisors authorize the County Administrator to execute a performance agreement, on a form approved by the County Attorney, with Dragon Chemical Corporation that would authorize the County to expend public private partnership funds in the amount of $90,000 for utility connection fees and site development and recognize a 5-year payback period for this company. Respectfully submitted: imothy .Gubala, Director Department of Economic Development Approved: Elmer C. Hodge County Administrator ACTION VOTE No. ~'es Abs Approved (X) Motion by: Johnson to authorize execution Harrison X Denied () of Performance Agreement Johnson _ X Received () McNamara- - X Referred () Minnix _ X To () Nickens _ X cc: File Tim Gubala, Economic Development Diane Hyatt, Finance Department ,; ACTION NO. ITEM NO. ~~`"~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 28, 1999 AGENDA ITEM: Requests for Public Hearing and First Reading for Rezoning Ordinances Consent Agenda COUNTY ADMINISTRATOR'S COMMENTS: BACKGROUND: The first reading on these ordinances is accomplished by adoption of these ordinances in the manner of consent agenda items. The adoption of these items does not imply approval of the substantive content of the requested zoning actions, rather approval satisfies the procedural requirements of the County Charter and schedules the required public hearing and second reading of these ordinances. The second reading and public hearing on these ordinances is scheduled for October 26, 1999. The titles of these ordinances are as follows: 1) An ordinance to rezone approximately 99.38 acres from R1 to PTD to construct a mixed use commerce park incorporating commercial, residential, industrial and open space uses, located at the 2100 block of Hardy Road, adjacent to the Blue Ridge Parkway,Vinton Magisterial District, upon the petition of the Town of Vinton 2) An ordinance approving a Special Use Permit for Friendship Manor Inc. to allow the expansion of a life care facility on a 40+ acre site located at the intersection of Florist Road and Hershberger Road in the Hollins Magisterial District MAPS ARE ATTACHED; MORE DETAILED INFORMATION IS AVAILABLE IN THE CLERK'S OFFICE. STAFF RECOMMENDATION: ~r-a Staff recommends as follows: (1) That the Board approve and adopt the first reading of these rezoning ordinances for the purpose of scheduling the second reading and public hearing for October 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 Approved ( ) Denied ( ) Received ( ) Referred to Action Motion by No Yes Abs Harrison Johnson McNamara Minnix Nickens ~^ For sraf,` use only l'" COUNTY OF ROANOKE DEPT. OF PLANNING AND ZONING 5204 Bernard Dr. P.O. Box 29800 Roanoke, VA 24018 t 540' 772-2068 Fax (540 l 772-2108 date re °ive~ ~;, received 5y: / ~' ~ f application `ee: PCiBZA dare: ~". ¢..._ . ~-`L placards ssued: c05 dace: Case Numoe•~ ~, `~~,,~ Check type of application filed (check all that apply): ® REZONING ^ SPECIAL USE ^VARIANCE Applicant's name: Town of Vinton Address: 311 South Pollard Street, Vinton, VA Phone: g83-0607 zip Code: 24179 Owner's name: Town Of Vinton ~ Address: 311 South Po 11 and Street , Vinton , VA Fhone: 983-0607 Zip Code: 24179 Location of property: Tax Map Number: 71 .11-1-1 2100 Block of Hardy Road 2185 and 2191 Hard Road Magisterial District: Vinton y Community Planning Area: Vinton Size of parcel (sJ: Existing Zoning: R-1 99.388 acres Existing Land Use: Agriculture, tenant occupied, vacant barns and sq.ft. outbuildings :~:: ~';:: .:, ,'~'~ ~~. Proposed Zoning: P 1 anned Techno 1 ogy Deve 1 opment District ~~ sraPf use on~y Proposed Land Use: Mixed uses of res i dent i a 1, commerc i a 1, and Use Type: industrial Does the parcel meet the minimum lot area, width, and frontage requirements of the requested district? YES X NO IF N0, A VARI~.NCE IS REQUIRED FIRST. Does the parcel meet the minimum criteria for t~~e requested Use Type? YES X NO IF N0, A VARIANCE IS REQUIRED FIRST. If rezoning request, are conditions being proffBred with this request? YES X NO ' ~~ ` .;~~ i' Variance of Section(s) of the Roanoke County Zoning Ordinance in ordar to: Is the application complete? Please check if enclosed. APPLICATION WILL NOT BE ACCEPTED IF AMY OF THESE ITEMS ARE MISSING OR INCOMPLETE. ws v ws v ws v Consultation 8 1/2" x 11 " concept plan Application fee (see attache X Application "'<~ Metes arid bounds description •< Proffers, if applicable X Justification a ~'~? Water and sewer application Adjoining property owners '(Town of Vinton) l hereby certr'fy that l am either the owner of the property or the owner's agent or contract purchaser and am acting with the knowledge and consent of the owner. Owner's Signature: ~~'~~;j. ~ ~~;'. ~. .~-(e_~~~„~`~~T~~~ ire ~~::L.r.~''~'~"~e"~rY~ MCDONALD FARM -TOWN OF VINTON PTD DISTRICT REZONING REQUEST 1. Legal description and plat attached ~~ 2. McDonald Farm, a 99.53-acre parcel, the largest remaining developable land in East County is currently zoned R-l, Low Density Residential District. The Town has owned the property since 1985. The land has been used for agriculture purposes. The majority of the site is in pasture habitat with several mature trees. There is a cluster of structures; a tenant-occupied farmhouse, a vacant farm dwelling, barns and outbuildings (see attached). 3. General statement of planning objectives to be achieved by the PTD. The Town of Vinton purchased approximately 100 acres from the McDonald family in 1985 to prevent the property from being converted to a trailer park. The Town had participated in discussions concerning the development of the Explore Park with the hope the McDonald Farm property could be developed with lodging and food establishments to support the proposed Explore Park. Later, the main emphasis of the Explore Park development changed, and it was no longer feasible to believe the 100-acre McDonald Farm could be developed along with it. Since that time, the land has been leased for agriculture purposes. In October 1996, the Town and County jointly commissioned Carlton Abbott and David Hill to conduct a design workshop for the master plan of the McDonald Farm. The community and staff from both governments participated in a three-day session. Abbott and Hill recommended a master plan for the development of the property. Following receipt of this report, the County and Town then proceeded with securing the services of ZHA, Inc. to perform a market analysis study. ZHA was asked to study the Abbott -Hill master plan in light of market conditions. ZHA recommended some changes to the marketing emphasis, but tried to maintain many of the Abbott -Hill listed master plan site development factors. The engineer from Mattern and Craig has taken both reports and prepared the McDonald Farm Development Plan. The plan was developed together with Town and County Economic Development officials. The proposed development plan calls for amixed-use development as follows: Commercial - This area would be developed for neighborhood-serving retail and services, with some design guidelines, but allowances for signage and visibility. Buildup of this land will be possible only after other development occurs on the site, and should not be expected in the first five years of the development of the property. 1 Assisted Care Facility -This area would be developed with independent and assisted living units, as well as indoor and outdoor common spaces for the residents. This portion will likely be the first area developed, and will likely occur within three years from the start of the project. Flex Space -These areas are intended to be used possibly for manufacturing, processing or assembly operations, and office or warehouse combinations. Hopefully this area will be developed within five to seven years from the start of the project. The Town of Vinton is the owner of the property, and will work closely with Roanoke County Economic Development Department personnel in the marketing of it. Once the property has been fully developed, the intent is to sell each parcel and end the Town's ownership in the property. The site has many aesthetic qualities, including wooded areas and a small stream branch. The proposed development will utilize these characteristics by retaining open space and adding trails on the site. The open space and proposed trails will be open to the public. Once the Town's ownership of the property has ended,. the park's occupants through some type of ownership association would maintain the trails and open space. Until the park is fully developed, the Town and County will jointly fund maintenance costs together with the parcel owners. The proposed trail will be constructed subject to the availability of funds from the Town and County. Construction grants and General Fund appropriations will be sought. Similar to Hanging Rock trail, the McDonald Farm trail will be constructed not only subject to availability of construction funds, but also a local non-governmental association which will assume the maintenance of the trail. 4. Description and analysis of existing site conditions. This information is derived from a report prepared by Carlton Abbot and David Hill. The elevation of the property drops from 1165' on the east to 1129' at the west border, see attached topography map. From the ridge, the slopes ranging from 10 to 20 percent toward the Blue Ridge Parkway and the Roanoke River Gorge. Hardwood growth can be found along the south and east borders and in the southwest corner of the site. Parallel to Hardy Road, there is an active spring moving west into a small tributary of Wolf Creek with several mature trees. Along the fence and adjacent to the barn and farm-house, maple and mature oaks can be found. There is a 100' American Electric Power (AEP) easement on the property cutting across from the west border to the north border at about 45 degrees. This easement contains a 138 kV transmission line on lattice towers. See attached conceptual plan. b. The approximate gross square footage for each use type proposed in the PTD is attached. 2 ~~ 7 9 Proposed landscaping, buffer yards, trails, parking, open space and other amenities are shown in the attached conceptual plan. A Traffic Impact Analysis is attached. Ownership and maintenance for proposed streets are detailed in the attached proposed McDonald Farm Protective Covenants. Reserved. 10. Proposed schedule of site development. The Town is proceeding with the rezoning request at this time in order to have this matter resolved before the start of the preparation of the FY 2001 budget. If the Town receives a favorable response to its application, it will seek funds in the FY 2001 budget for development of the infrastructure. It is anticipated that the infrastructure development will take twenty-four months. During that time the Town and County will jointly fund the construction of the first phase of the roadway, and install water and sewer to the property. The first phase will hopefully include the development of the assisted care facility. It is anticipated that will take approximately three years to secure and develop this area. The second phase will be the development of the commercial area. Absorption rate will be slow, and it is anticipated that will take three to seven years to develop. The third phase is the development of the flex space area. The first such area to be marketed will be located along the roadway near the assisted care and commercial spaces. The remaining flex space areas will be developed over a seven to fifteen-year period of time. During this process, Town and County officials have noted that the development of this site will be lengthy. The Town has owned the property for more than fourteen years. Quality development versus quick development of the property is preferred. Listed below is a proposed development time line. DESCRIPTION Property Rezoning Budget Consideration Infrastructure Development First Phase -Assisted Care Second Phase -Commercial TIME FRAME September, 1999 -January, 2000 February, 2000 through June 30, 2000 July 1, 2000 -June 30, 2002 By July 1, 2003 Between July 1, 2003 and July 1, 2007 3 ~I Third Phase -Flex Space Fourth Phase -Remaining Flex Space Between July 1, 2003 and July 1, 2007 Between July 1, 2007 and July 1, 2015 This construction and build out schedule is preliminary and subject to change. Market demands will determine the actual schedule. 4 fl Please explain how the request furthers the purposes of the Zoning Ordinance (Section 30-3) as well as the proposed purpose found at the beginning of the applicable zoning district classification in the zoning ordinance. The application encourages economic development activities that provide desirable employment and enlarge the tax base. It does so by using the development and construction activities, which mitigate impact on the surrounding land. Efforts have been made to facilitate the creation of a convenient, attractive, and harmonious community. The Town and County have conducted many community meetings to receive public input on the proposed McDonald Farm development. Many of the concerns raised at these meetings have been incorporated in the plan development. Instead of numerous curb cuts for ingress and egress from Hardy Road, the plan provides for two points of access. The density of the project is well below that of a private development density. It provides for open space and trails, not only for the development, but for the public as well. Developing the property as a PTD will also reduce the demand on public services such as schools, fire and rescue, and other governmental services. If the property were to be developed at its present R-1 zoning classification, the impact to Roanoke County services would be much greater. The PTD district was established primarily for mixed-use developments. This includes manufacturing, office, commercial establishments, and residential uses. The PTD's intent is to have apark-like setting that complements the surrounding land uses. This is accomplished by means of appropriate siting of buildings, controlled access points, attractive and harmonious architecture, and effective landscape buffering. The PTD District was also established to provide the developer with flexibility in design and site layout and to allow mixed-use developments. McDonald Farm's proposed PTD provide for the development to follow a comprehensive Master Plan, via use of protective covenants. A park-like layout is proposed, and it incorporates many of the public concerns raised at the many community meetings over the past three years. It addresses the PTD's intent listed above. Please explain how the project conforms to the general guidelines and policies contained in the Roanoke County Comprehensive Plan. The 1998 Community Plan identifies this site as an economic opportunity area for East County (Page 47). The Future Land Use map for East Roanoke County identifies the area as one in transition (Page 179). The Vinton Community Planning Area notes that the type of development placed on the McDonald Farm will have a major effect on how the community develops in the future. The Farm is also listed as a key resource. Regarding the land use section, the Plan notes that the McDonald Farm should be oriented as a point of destination and provide tax revenue, employment, and an example for all new development in the community in relation to design standards. Fr The proposed PTD provides the applicant with the tools needed to insure the site can be economically feasible to develop, and be consistent with community concerns and standards for this proposed development. The density has been kept low to prevent over development. Protective covenants have been prepared to protect the Park's future development. The Town and County have diligently attempted to obtain public input in this development from the beginning, not just at the rezoning hearing. Many of the concerns raised by the public have been incorporated in the plan to insure the development does not unnecessarily impact the surrounding community. Approving the requested PTD will allcw the Town and County to proceed with the development of the property as partners seeking to improve and enhance the Vinton community. Please describe the impact(s) of the request on the property itself, the adjoining properties, and the surrounding area, as well as the impacts on public services and facilities, including water/sewer, roads, schools, parks/recreation, and fire/rescue. The site is presently being used for agricultural purposes. The proposed PTD would have a major impact on the site. It would change the land use activities; however, the proposed PTD has incorporated many mitigating factors. They will reduce the impact to the adjoining properties. The strategic layout of the roadways, parking spaces,, and structures minimizes impact to the surrounding residential community. The proposed assisted care facility has been located in a location that will reduce impact to adjoining residential properties. Buffers have been incorporated into the plan to lessen the impact on adjoining properties. Project density has been kept low to further minimize impact on the surrounding areas. Open space has been proposed to promote stormwater practices, which are less intrusive and promote apark-like appearance. The build-up time frame is anticipated to be long term. This will further reduce the impact on the community. The Town of Vinton provides water and sewer services to East Roanoke County through a long-term franchise granted by Roanoke County. Sufficient water and sewer facilities exist to serve this site. A major electrical service line crosses the property. A gas line adjoins the property. The new roadway will be constructed to state standards. The engineer has estimated, at complete build-out, the development will generate 2,850 vehicles per day. The Town of Vinton will upgrade Hardy Road from the Bypass Road to the East Roanoke County line from two lanes to five. Work is scheduled to begin in the summer of 2000. The County recently added a section of Hardy Road to its construction plans. for drainage improvements. The roadway running along the site will be improved at the two intersections. Due to the mixed use, it is anticipated the project will have very little impact on schools and parks/recreation. The Vinton Fire Department provides fire/rescue services to East Roanoke County, and this development should have less impact than that of a large residential development. F- ~ u .~ u ° ~~j0~ _IO9 `~ ~, n a ~ ~j , ~ ,. ~J , . a ~ ~ !/40 ~, F z __ ~ _~ _ r'~~, ~` 6 . • • ~ ~ '. ~. ~;~,Lyr+n Have ~: ;~f- ___ ~_~1\`\~ :1. ;rte ;.~~ ~.. . •l 4 X49 I ~~ ;~'~~:r, : -~ ~ The Site ,,•':.::.. .~...: rho .:;.,;.. 1,~ ,' _,_~-~ ,J _ ... ~ o ~„ ,/ . , ~:. „ I~ .. III - ....- ~-' ~ ~. l _ , \ l r ~,r~ ~J ~~, ~~~ i l,` ~ i~ . ~~ o ~ \/~ ~ { II ' ~ l I/ N i k ' ' 1' I / / ~ k° ~~~ III 0~ ±~ ~ ~~ ' p \\~ ~ B ,p a ~l "~~~ i ~~ ~ ~~~~ ,zoo / ~i~~~ ~~~ (`--~~7 0 . i I~~ ~~ I ~\ ~J ~/ ~ n ,\,\. \ ~ L 0 ,f'. O Location Map From USGS Scale 1:24000 .- r- Topography Map ~~ WOLF CREEK TRIBUTARY 'r+•'-~ ' i t ` ~~ '`\ il'r~'• .. • ~ `~ FARM DWELLING" \; \ ~ ~ \ I I ~ ~\` ~~ . 'r~t ~ ~\ 1 ~ i ` 1 ~ \,• `~i\•: * - it . ; .~; ~ + I ~ ~A,IN FARM HOUSE / ` / ~ ;r_ I i. ! ! f I ~ I ! j a ~ '•~ ~' . ~~L.3 /#il ' ~~'OUTBUILDING#1' I ~ " ~ '-'~"'•'/ 'e C ~• ~ . 'i! ji%% r 1 F J - /,/ ~ / ~t-/J ~ '~ ~5 11' ~~ i i/ `''i~l/J iii! %/ ;ill; /~, '/~~ 5' `, i i r 1 /I~,'r,r';'!/'/" ~i I~ ~~.f~/ it ~i~l/ , ;~ ~ i i ~~- ~ STORAGE BARN ~ r'; ~ ~ I~.~ `- /-'~/' - '~.• ;1 ', r;jMtt~~ID-SIZIIE DAIRY BARN ~.~ i j~ ~ ; '~ ;~~~ 1 I 1 ', MODERN DAIRY BARN ~ 1 '0 ~~ _ '~`,`~'' 1 , i i I r 't \. r I r I rlr ! ~! ~~ EXISTING FARM ROAD ENTRANCE) / (~ •, , ~ ~ l ~ i r ~ ~! J `~ ~~t f~ j t r r Irt I i Ii'1 I i J ~ f~ ~ ~l`, \ 1 I it~: ~ i ~ I /';; ;,% :~1•ji' I' ;~' hlI ~i`ll! I I ;/ ~ (~+t~~' I;1}•1 ill'Tlj i ;, ''` 1 11 I ! ' ; ~ :' ~` • I • 1 '~ OUTBUILDING #2 ; J 1 I 1 r 1 •, ; I I ;, '; 1 ~' .rl /;/;i,',;~ ` l~``( ~~`j I; i'! r' ~' ji I 1 'j'I, I+i`t. ;? ; ~.fr;~i/r i/`r~~ 11 ill ill I I / i~~! i%1; f i I ~, ~~ i 1'`\~ ' i 7,~%` '~f ~`'r ` I l 1. Il1\ }~ .l /rr--~ '~'~ i `1~~ III ~!;lll I ,` ~;' i ~ /r>; l ii ~~ ~ r ~ ~ ! 1 } r i ~ i r' . r' •3 j , ,~ i 'f ~ i ~ : ` rii 1`~'~r/. ~I /' f iii it , , 1" i 1 i f % ~ ; r I' t // . `` i '`+ •~i ~ 1 ' 1 :. ~ i I' l ~" I I I i I i 11 11?, /'i ~ ~ ~ ,1 '+ I )JI Ir 1 1 r r 1 I ) % r 1 ~ / t ~1// / `~l, 1 i i 1 \ 1~ r,' I ('1 ` T~ : ~ 7 i ! 1 ! i : Iii ~/I r r i i i '~ ; ~~~ ` ; ~ ( l i I~11`il„ 1 i .~-~ / /' / i i `~ ~ /l. / ~ , l1 / ~ i ~" ` ~! 11 11,1 ~; ' t ~ ) ® 1~ I 1' 1' f l f r. I' ~~,,/li l~// 1. II I+ i 1 ~ ~ ~t.t l.~li' l ~!'~1/' t l1/1 i%ic'lll~ I~ 1 1 ~ .i r! 1 Ij~!I~IIi~ ~~ Site Plan of Existing Buildings 1" equals approximately 200 feet. J O, Q O, U N I' o ~. r * II r ~ o rn e~ c II r 1 ~ ~ I f\ i a 4.Ofll~ YII~_ ~ II ~/ ~ I ~ - o~m~ J Qo ~. ~~.& ~' v I ~ ~ '_ x,~'- h ~ i^w • \ I.j m ~' ~ ~ S < k • ••\ ~ ~ l ~mn r I t ~ ¢dl ` .s en 1 • • , \ _~ R /j~{/ • • • • • o.w g~`~~ao • t I ~ n I ~ t • • ~ ~. I ~~ • iaLLiw ~ 1, / ~R LL ~ ~ CJ¢ j ' • 1 \ .~I UQQ ` I , ~l\ • 1 I ia. ~ ~ • ~ • , ~ Q M" p W LL ~ ~ N• I •• F • 1 m ~' ~~ ~ Z „ , ,r . • o ~` /. ~/ • : , ~ a ~K L p ¢ ~ . \,/ ii/ ~ • • ~ J y • •~ ~ ,D Z - - i __ • • ~¢ ~ O O / •~ ~.ri ~~ f • •~ ~ _ • , ` • _+ • . 1 • r r ~ ~ •. i t ~ • • z h0~ < wQ ~ ~ '~ m T !t~ ~s• ` ~. ~ w a t .` • ~ 023 ~;s ~ / ~ b: ~ LL ~ o c~ 8933 i ~ /mot, ~ a ~1 ~~ ~ t ~ / a ° ~ ~~ TO: FROM: DATE: TOWN OF VINTON 311 S. Pollard Street VINTON, VIRGINIA 24179 PHONE (540) 983-0607 FAX (540) 983-0621 Terry Herrington, County Planner Clay Goodman, Town Manage' August 20, 1999 ~_ i B. CLAYTON GOODMAN, III TOWN MANAGER SUBJECT: McDonald Farm Proposed PTD Proffer of Conditions Pertaining to Greenway and Trail Development at the Proposed Park As part of Roanoke County's consideration of the pending rezoning request, I would like to offer the following as a proffer pertaining to the development of the trail system at the McDonald Farm proposed PTD. As developer of the Park, the Town of Vinton and its partner Roanoke County will be responsible for the inclusion of a trail systeri in portions of the PTD. The trails system would be developed in accordance with the following guidelines. 1. Protect environmentally the open spaces, which will be used for conveyance of storm water runoff. 2. The final area dedicated to the trail system will vary upon completion of detailed engineering and subdivision of the site. 3. The various components of the trail system shall either be constructed at public expense, or shall be the responsibility of the businesses locating in the park. 4. The fiscal responsibility for development and maintenance will be negotiated at the time of the sale on the property. The conceptual location of all of the major components of the system shall be determined at the time that the preliminary engineering of the Park is undertaken. However, at a minimum, the system shall have the following characteristics: 1. Construction of the trail system shall be phased to coincide with the construction of the various uses in the Park. The intent is to develop the system in conjunction with the development of the Park. 2. Portions of the trail system shall be available to residents and businesses within the site. 3. The trail system allows a connection between the developed areas and the open areas of the site. 4. The trail system may be constructed of a variety of materials suitable to the intended usage. The Roanoke Valley Greenway Commission for technical assistance shall review the trail system design. The final design of the trail system shall be the sole jurisdiction of the Town and County. ~~ PROTECTIVE COVENANTS, CONDITIONS AND RESTRICTIONS FOR THE McDONALD FARM Whereas, The Town of Vinton, hereinafter referred to as the "TOWN", is the owner of a certain tract of land known as the McDONALD FARM, which real estate is more particularly described in Exhibit "A" attached hereto and by this reference made a part hereof, and which real estate is hereinafter referred to as the "PARK"; and Whereas, the TOWN intends to jointly develop with Roanoke County and sell and/or lease parcels of land in the PARK for office, commercial, residential and industrial use in conformance with the Master Plan and the Planned Technology Development District zoning regulations; and Whereas, the TOWN desires to impose upon the PARK certain protective covenants, conditions, and restrictions for the purpose of ensuring the orderly development of the PARK, protecting the environment, and providing that the use of the PARK will not adversely affect the health and safety of residents and workers in the vicinity of the PARK, or the use, or development of property within and adjacent to the PARK; and Whereas, the TOWN may designate an agent, an administrative body or Authority to administer the protective covenants, conditions and restrictions for the PARK. Now, therefore, the TOWN hereby declares and provides that each and every parcel of real estate within the PARK shall be conveyed subject to the following covenants, conditions, and restrictions which shall be binding upon all purchases of real estate within the PARK, the heirs thereof, successors, or assigns to ensure proper use and appropriate development of each building site and the grounds thereof, to protect the environment and aesthetics of the PARK, to guard against the erection thereof of structures built of improper or unsuitable materials; and in general, to provide for a high quality of development so that each building site will not adversely affect the health or safety of residents or workers in the area nor be detrimental to the use or development of other properties in the PARK, and Further, that a copy of these Protective Covenants, Conditions, and Restrictions shall be recorded in -the Clerk's Office of the Circuit Court of Roanoke County, Virginia, and shall be binding upon and running with the land, including each and every parcel, whether sold or leased in whole or in part and by reference made a part of each and every deed, option, lease or other grant of any interest in and to any parcel thereof as a part of the terms thereof. ~~ 1. Property Development: The TOWN intends to jointly develop the property with Roanoke County and others in a phased manner as a business park with mixed uses. (a) A Master Development Plan prepared for the TOWN, showing a general arrangement of sites, an access road and water and sewer lines, shall serve as a guide in the overall sale of sites and development of the PARK. The size and configuration of these sites may be altered by the TOWN depending upon the specific needs and requirements of businesses desiring to purchase and develop land within the PARK. Said plan shall be maintained on file in the office of the Town Manager and the Roanoke County Director of Economic Development. (b) The TOWN intends to develop the PARK in phases with the assistance of Roanoke County. Tracts of land within the PARK will be marketed and sold to businesses and developers for development in accordance with the Planned Technology Development District zoning. 2. Permitted Uses: Unless otherwise prohibited herein, sites within the PARK shall be used for the following purposes only: (a) Manufacturing, processing or assembly operations (b) Commercial or industrial flex space (office/warehouse combination) (c) Research or experimental laboratory (d) Commercial or office uses as well as business services incidental to any of the foregoing, or (e) Retirement housing (f) Assisted living facility (g) Institutional Not withstanding the foregoing, the TOWN reserves the right to interpret these covenants to limit or restrict the use of a particular site, and to permit any other use not enumerated above which, in the sole discretion of the TOWN, is compatible with the uses enumerated above. 3. Prohibited Uses: No use of any site, lot or building shall be made which causes or creates, or is likely to cause or create, a hazard or nuisance to adjacent properties, or which would violate the zoning ordinance of Roanoke 2 ~~ County. In addition, the following uses are specifically prohibited within the boundaries of the PARK: (a) Acetylene gas manufacturer and wholesale distributor (b) Asphalt manufacturing or refining (c) Birch the or terra cotta manufacturer (d) Cement, lime, plaster manufacturer (e) Creosote manufacturing or treatment plants (f) Distillation of bones, coal, petroleum, refuse and tar (g) Explosives, ammunition, fireworks and gun powder manufacture (h) Fat rendering, production of fats and oils from animal or vegetable products by boiling or distillation (i) Garbage, offal and animal reduction or processing (j) Linseed oil, shellac, turpentine, manufacture or refining (k) Automobile storage for wrecking, dismantling of junk cars for salvaged parts (1) Any use or trade, which, through properly and safely operated with ordinary care and according to good and reasonable practice, causes noxious or offensive odors, gas, fumes, smoke, dust, vibration or noise substantially affecting other uses of property permitted in the PARK. (m) Construction yards (n) Recycling centers and stations (a) Scrap and salvage services (p) Surplus sales (q) Truck stops 3 Where it is unclear whether or riot a particular use of the PARK is permitted or prohibited hereunder, the TOWN shall decide whether or not such use is ~ j prohibited, and its decision shall be final and binding upon all persons. ~ 4. Building Standards: All buildings, structures, and improvements shall be constructed and maintained in accordance with the following standards, unless an exception is approved in writing by the TOWN: (a) Exterior walls of each building shall be finished with approved tilt-up concrete, concrete panel construction, brick, architectural block, or in the case of metal, an architectural rendering of an appropriately designed facade must be submitted to the TOWN for its approval. Those buildings having a residential appearance may use exterior wall materials customarily found in residential construction. (b) The height of all buildings, including other structures, shall not be more than 60 feet. (c) No temporary buildings, travel trailers, mobile homes or storage facilities shall be stored on a lot except as necessary during construction periods but then only for the periods during which actual construction is being pursued. (d) Prefabricated tool or utility sheds shall be prohibited. (e) A colored architectural rendering of the proposed building shall be submitted to and approved by the TOWN. This shall include elevations and material samples so that the TOWN can determine compliance with these covenants. This approval shall be obtained from the TOWN prior to requesting a building permit from Roanoke County. (f) Planned expansion or renovation for all buildings or structures must meet or exceed the quality of the initial structure. Where expansion is planned to one side of an existing building, a wall of temporary material may be erected, provided such expansion is performed within the time period prescribed on the approved site plan. If said expansion is not accomplished within the approved time, a permanent wall of suitable materials shall be erected within 90 days. The TOWN may grant a single one-year extension. (g) All secondary telephone and electrical service lines shall be located underground from the primary service lines to the structure or buildings erected on any site. 4 ~~~ (h) All electrical and mechanical apparatus, equipment, fixtures (other than lighting fixtures), conduits, ducts, flues, and pipes located on the exterior of any building shall be concealed from view from any street and shall be architecturally treated in a manner acceptable to the TOWN. (i) Parking lots, loading/unloading areas and lot lighting shall meet the standards of the Roanoke County Zoning Ordinance. (j) The TOWN shall not be responsible for maintenance of any site improvements 5. Outside Storage: No materials, supplies, equipment, trash, or refuse shall be stored on the property except inside a building or behind a visual barrier approved by the TOWN which screens the stored matter from view from streets and adjoining sites; which barrier shall not be less than eight (8) feet in height or two (2) feet above the stored matter, whichever is higher, unless written approval from the TOWN allows an exception. The request for this exception must come in writing and must be accompanied by engineering plans for review. Except with the prior written approval of the TOWN, storage areas shall not be located between a building and a street. Plans for such storage areas must be submitted to the TOWN for approval prior to installation. 6. Construction Date: If, after one (1) year from the date of purchase of the property from the TOWN, the then record property owner has not begun in good faith the actual construction of a proposed building, the TOWN shall have the right and option to reacquire the property by refunding the said record property owner the amount of the original purchase price per acre paid to the TOWN for the property, less and except real estate commissions and other related expenses paid by the TOWN; whereupon the said record property owner shall forthwith convey the property back to the TOWN. At any time after the aforementioned one-year period, the TOWN shall have the right to exercise its option to re-acquire the property. Settlement shall take place within sixty (60) days after the TOWN exercises its option. The option shall be exercised by mailing written notice thereof to the record property owner. In the event that the record property owner for any reason fails or refuses to convey title back to the TOWN as required herein, then, in that event, the TOWN shall have the right to enter upon and take possession of said property, together with all necessary rights and causes of action necessary to have title to the property conveyed back to the TOWN or its assigns. The TOWN may grant written exceptions to this section if it determines that it is in the best interest of the PARK development to extend the construction period. 7. Resale of Property: In the event that any owner of unimproved property or any portion thereof shall desire to sell all or a portion thereof, the TOWN must approve any subdivision or sale and shall have the first right and 5 n option to purchase said property at the same purchase price per acre paid to the TOWN by the original purchaser. Prior to such sale, the property owner shall notify the TOWN by registered or certified mail of its intentions to sell the property or any portion thereof. Said notice shall describe the exact parcel intended to be sold. The TOWN shall have sixty (60) days from receipt of said notice in which to exercise the option, and settlement shall take place within sixty (60) days after the date the TOWN exercises its option. The option shall be exercised by mailing written notice thereof to the record property owner at any time within the option period. 8. Subdivisions: No owner of any property in the PARK shall subdivide a site without the prior written consent of the TOWN. No owner of any property may lease an undeveloped site or any portion thereof without the prior written consent of the TOWN. The subdivision of any tract will have to comply with the provisions of the Roanoke County Subdivision Ordinance. 9. Site Maintenance: Each property owner shall be responsible for maintaining its property in a manner that enhances the appearance of the PARK. The premises shall be kept free of debris and trash of any sort, and lawns and landscaping shall be kept in a state of good repair. Maintenance of landscaping and lawns shall include all necessary planting, cutting, watering, fertilizing, aerating, seeding, spraying, pruning, weeding and required replacements. 10. Damage or Destroyed Buildings: If any building or other improvement in the PARK be damaged or destroyed by fire, storm, explosives, or otherwise, then, in that event, all debris resulting from such damage or destruction shall be cleaned and removed from said property within thirty (30) days of the said damage or destruction. If any building or other improvement is to be reconstructed, such construction shall begin within six (6) months of the date of such damage or destruction, or the land shall be graded and restored to substantially the condition, which existed prior to initial construction. 11. Streets: All streets and roadways constructed by the TOWN within the PARK are dedicated to public use, and shall not be private streets, and as such, are dedicated to all owners and lessees of lots in the PARK for the reasonable use and enjoyment of their properties, including the free use thereof for the installation, maintenance, and operation of public utilities. Owners of tracts may construct interior private roadways that connect to public streets upon approval of a site plan by Roanoke County. However, the TOWN reserves aright- of-way of ingress and egress across these streets to its other property, or to any other streets within the PARK that the TOWN develops in the future. 12. Stormwater Management: The TOWN has identified the location of stormwater management facilities within the PARK. It is the responsibility of the owners of properties upon which these are located, to construct these facilities. The Property Owners Association set forth in Section 15 within will handle maintenance of the stormwater management areas. 6 13. Fuel Storage Tanks: Unless prohibited by law, every tank for the storage of fuel installed outside any building shall be located above the surface of the ground. 14. Trails: All trails shown on the Master Development Plan are reserved for public use and will be constructed at a future time as public and private funds are made available. The TOWN may convey ownership and maintenance responsibility of these trails to a public or private entity in the future. 15. Property Owners Association: After the construction of public improvements at the PARK, the TOWN intends to establish a Property Owners Association to fund and manage the maintenance of stormwater management facilities, landscaping, signs and other improvements. 16. Amendments: Except as provided herein, each of the covenants, conditions and restrictions set forth herein may as to all persons and property be waived, released, rescinded, modified, altered or amended by the TOWN. The TOWN expressly reserves the right to amend these restrictions by document recorded in the Clerk's Office of the Circuit Court of Roanoke County. 17. Liability of TOWN: Each owner, lessee and occupant of property in the PARK shall, and does, hereby indemnify and hold harmless the TOWN, its agents, officers, employees, and representatives from and against any and all claims for injury or death to persons, or damage to or loss to property arising out of the construction, use, operation and/or maintenance of improvements within the PARK, the use and/or possession of any property, and the conduct of business or any other activities within the PARK. 18. Duration: The covenants, conditions and restrictions set forth herein, along with amendments, shall be in full force and effect immediately upon adoption by resolution of the TOWN and shall be binding on all property within the PARK and the owners thereof, their heirs, successors and assigns for a period of twenty (20) years from the date of adoption, after which period said covenants, conditions, and restrictions shall be automatically extended for successive periods of ten (10) years unless an instrument executed by the owners of two-thirds of the number of sites within the PARK and has been recorded terminating the covenants, conditions and restrictions set forth herein. 19. Severability: If any covenants, conditions, restrictions or portion thereof, set forth herein, be declared invalid by a court of competent jurisdiction, such invalidity will not invalidate any of the remaining covenants, which shall remain in full force and effect. ^ -. c,.. ~r~Ff ~~ca n ~ Rrs v ws v X Application fee X 8 1 l2" x 11 " concept plan , X Consultation ~~,,~ Proffers, if applicable X Application X Metes and bounds description X Adjoining property owners Water and sewer application Justification r ert or the owner's agent or contract purchaser and l hereby certify that I am either the owner of the 0 oP y - ~~ a~i, ~,,,,r am acting with the knowledge and consent of zhe owner. ~ L0iZ0'd 80Ti?ZLLBbS (1~ W00-J,1~ 3}I?~ Sb:St 6662-bZ-H~~ Is the application complete? Please checK it enw~~~~• ^• • ---~ THESE ITEMS ARE MISSING OR INCOMPLETE. as v for Stall {/so On/y: Case Number Applicant Friendship Manor, Inc. The Planning Commission will study rezoning and special use permit requests to determine the need and justification for the change in terms of public health, .safety, and general welfare. Please answer the follov~~ing questions as thoroughly as possible. Use additional space if necessary. Please explain how the request furthers the purposes of the Zoning Ordinance (Section 30-31 as well as the purpose found at the beginning of the applicable zoning district classification in the zoning ordinance. This request for the Special Use Permit is required in order to bring the existing zoning in conformity with the Zoning Ordinance. There have been questions over the preceding time period as to whether or not all or a portion of the Friendship Manor complex was a non-conforming or grand- fathered use. It is the intent of Friendship Manor to obtain a Special Use Permit to insure that its use of the property is in strict conformity with the Zoning Ordinance. Friendship Manor submits and is willing to agree to a condition that the property will be developed in substantial conformity with the Friendship Manor Retirement Community plat dated May 7, 1999 prepared by Lumsden Associates, P.C. :r~ Please explain how the project conforms to the general guidelines and policies contained in the Roanoke County Comprehensive Plan. This is an effort to bring the existing zoning into conformity with the Zoning Ordinance. Please describe the impact(sl of the request on the property itself, the adjoining properties, ono the surrouno~ng area, as well as the impacts on public services and facilities, including water/sewer, roads, schools, parks/recreation, and firelrescue. The development of the property will have no additional impact on County facilities as this is are effort to bring the property into substantial conformity and to provide for future development as permitted under the Zoning Ordinance. L0iE0'd 80TZZLLObS f18Q W00-,110 3}li'{ 9b:Sti 6662-bZ-H3~ ROANOKE COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT Friendship Manor, Inc. Special Use Tax Map No. 38.15-1-1, 2, 3, 4, 5 N N^ W~ O ~~ ~~ 111 k \ ~~ ~ \ _ ~\ C ` ~ ~ I 8 $ ~., i ~ ~R"'- R $ _ II w~ ~. ~ 1 ~N ; k `Y: o ti ~ ~ ~`w1. ~~ `Cm ~ 4 ,a~ ~u, 1~ ~ ~ . -$ 1, ~- ~~ , ~, /ti W4 o _ `~~ 5 ~ L~ a I m~ ~ ~ ~ ~ c ~~~3~~~ \ m \~ ,/ W ~~ ~~ W I w I ti ' d ' 1 ~m: ~•'g ~p F ~u ~ < : s" ~J` ~oo~ <~ ~ P ~'~,. ~ O F :K ~' +` ~ ~ Ft •: ~ ~1 < cy, Q s f ~ Fib ~2 Q W 2 2 ~i ~~ O O ~~~ r ~nJ I'MA(r ~ ~ }R RFIMR au~+n ez-zf'~ scum ~ ,axvnes aoas~s. ,~ ~1 ~, w~a~ II~ 1~ ~.. ~~ p~ pure S F =~~=~ ~.•- z t ~ N E ~ k ~ E..a,E:L,.L ~C g:: f '~~I 24 4~' Gq°~1 ~ N ~ynic#Q ¢ ~-: ~4~\\Y \'..a lK: 4A~ k ~ 4 /~~ ~ A o ~ g~ R/0 , z RI~~ O N ~.~/ ~ ~ • / ti / Y ~ / / / i / / , ~ / / a 0 1^r'. ~_ Z O 1~ ~ ! O ~ y~y.~ K ~ ~ Q1 F-1 O p ~ ~ G fK ~ (t~ E•I ~ ~~ ~ U q v ~ U ~ ~ U1 ~xz ~ ~U p m O ~~ z ' ~ Z~ ~~~~ ~~ w W ~ ~ ~ a~ NW 1~ p {,, ~8`33H~t h ~~~~ O ~~~~~~ 3 Z J $, ~~:~a ^~fi5 s O O m >, ~ KrRxr~ m ~ ~ N\ W `s, s. ~ ~ r,:. ~ '.t. ll ,. t ... ~ W / / / / / i~ / / / ~% / N, / ~ _! 6Y u C, g '9 aU'~ ~. a' 1 ACTION NO. ITEM NO . ~ + AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 28, 1999 AGENDA ITEM: First Reading of an Ordinance Amending and Readopting the Zoning Ordinance of Roanoke County Virginia by the Addition of Standards for the Design and Development of Cluster Housing COUNTY ADMINISTRATOR'S COMMENTS: I am very pleased with the work that has been done by the staff and Planning Commission to develop the Cluster Housing Ordinance. This has a good balance of guidelines and flexibility. We have addressed the issue of signage that will clearly identify private roads. I am not as comfortable with the issue of County services to be delivered on private roads. We have discussed guidelines that might be put in place for refuse collection and school bus pickup and can have that ready by the work session. We really need your input on this and other issues to finalize the ordinance. BACKGROUND: The Planning Commission has prepared cluster housing amendments to the zoning ordinance. If adopted by the Board of Supervisors, these amendments will allow landowners to develop their property using "clustering" techniques, thereby permanently preserving open space without increasing the gross allowable density of the property. Major provisions of the ordinance include: • Cluster development would be allowed by right in R-l, R-2, R-3 and R-4 zoning districts provided public water and sewer are provided to each lot. • Between 35% and 50% of each site developed would be permanently reserved and maintained as open space. Ownership of the open space (public/private) would be determined at the time of plat review. The amount of open space required would be dependant upon the existing conditions prior to development. Sites with more significant natural features would require higher open space dedications. • Limited private streets would be allowed in cluster developments. No less than three nor more than 20 homes could be located on any private street network, and any home on a private street must be within 500 feet of an access point to a public street. 2 • There would be no minimum setbacks, lot sizes or lot frontage requirements in cluster developments, with the exceptions that new lots on public streets must have a minimum of 48 feet of public street frontage. Staff recommends as follows: 1. The Board of Supervisors approve First Reading of these ordinance amendments on September 28, 1999 and schedule Second Reading and Public Hearing for October 26, 1999; and, 2. The Board of Supervisors schedule a joint worksession with the Planning Commission for October 12, 1999 to discuss the proposed amendments. Respectfully Submitted, Terrance L Harrijpfgton, AICP Departmen of Community Development Approved, Elmer C. Hodge County Administrator Action Approved ( ) Denied ( ) Received ( ) Referred to Motion by Vote No Yes Abs Harrison Johnson McNamara Minnix Nickens ~~ AN ORDINANCE AMENDING AND REENACTING THE ZONING ORDINANCE OF THE COUNTY OF ROANOKE VIRGINIA BY ADDING PROVISIONS FOR CLUSTER HOUSING. ARTICLE IV. USE AND DESIGN STANDARDS Sec. 30-82-12.1 Single Family, Attached and Detached (Cluster Subdivision Option) (A) Intent Establish a method for Roanoke County to protect vital natural and historic resources from development and permanent loss. Prevent the destruction of valuable view sheds, ridgetops and wildlife corridors, including but not limited to, the Blue Ridge Parkway and Appalachian Trail, and other resources identified in the 1998 Community Plan. Reserve, enhance, and add to the existing and proposed greenway system throughout the County, as identified in the 1998 Community Plan. Provide the citizens of Roanoke County additional open space and recreation areas. Encourage the design of creative, innovative developments that utilize the land's natural resources and features and incorporates them into functional preservation and development plans. Offer an alternative to conventional subdivision development by allowing for compact clusters of housing units rather than spaced lots that encompass the entire property. (B) Applicability Cluster subdivisions proposed in accordance with the standards contained herein shall be a use by-right in the following zoning districts: R-1, R-2, R-3 and R-4. 2. Proposals for cluster subdivisions that, in the opinion of the Zoning Administrator do not meet one or more of the standards contained herein shall be reviewed, upon petition by the Zoning Administrator or the applicant, by the Roanoke County Planning Commission under the authority granted by Section 15.2-2286 of the Code of Virginia. As part of their review, the Commission shall have the authority, but not the obligation, to waive any standard contained herein. Prior to the issuance of any waiver, the Planning Commission shall give notice in accordance with Section 15.2-2204 of the Code of Virginia and hold a public hearing on the matter. The Zoning Administrator or applicant may appeal the Planning Commission's decision to the Board of Supervisors. The Board of Supervisor's shall give notice in accordance with Section 15.2-2204 of the Code of Virginia and hold a public hearing on the matter. If the petition is withdrawn at the request of the applicant subsequent to the decision by the Planning Commission on the application, or if the Commission denies any application submitted for its review, the Planning Commission shall not consider substantially the same application for the same property within one year of the applicant's withdrawal or Commission's action. ~" (C) General Standards Minimum tract size of the cluster subdivision: Three (3) acres. 2. Public water and public sewer shall be provided to each lot within the proposed subdivision. Properly shall be excluded from the cluster subdivision option where, in the opinion of the Zoning Administrator, previous land disturbing activities have significantly altered a Primary or Secondary Conservation Area, to the extent that important features worthy of conservation have been destroyed or severely modified. 4. Allowable density: Eight (8) dwelling units per acre. (D) Minimum Lot, Setback and Frontage Requirements There shall be no minimum lot area or setback requirements. 2. Minimum public street frontage: Forty Eight (48) feet on a publicly owned and maintained street except as modified by Section 30-82-12.1 (F) (E) Open Space Requirements 1. Minimum Open Space: Thirty-five (35) percent of the gross acreage of the tract. If the site contains Primary and Secondary Conservation Areas in excess of 35 percent, all Primary and Secondary Conservation Areas shall be preserved up to a maximum of 50 percent of the tract 2. When Primary and Secondary Conservation Areas exceed 50 percent of the tract, then Primary Conservation Areas shall be given priority in reaching the 50 percent maximum open space. At least 40 percent of all lots for residential use shall have a property line directly abutting an open space area or have direct access to a developed greenway trail. 4. Ownership and maintenance of open space shall be one of the following: a. Common land owned in perpetuity by the owners of lots in the development, through a homeowners, condominium or similar association. Provisions for the maintenance of the open space in perpetuity shall be approved by the Zoning Administrator in conjunction with plat approval. b. Dedication of the land in perpetuity to a nonprofit organization or land trust through a conservation easement or fee simple conveyance. c. Public land after dedication to, acceptance and maintenance by the Roanoke County Board of Supervisors or other governmental entity for recreational, conservation, historic or other open space purposes. 5. Conservation lots may be created in compliance with the terms of this ordinance and the Roanoke County Subdivision ordinance, notwithstanding the frontage, width, area, and other design standards for lots found in Article III of this ordinance. Any such lot proposed for platting shall be clearly designated on a subdivision plat reviewed and approved by Roanoke County. This plat shall contain notations and 2 ~~~ covenants that cleazly forbid, in perpetuity, the use of the conservation lot for any type of residential dwelling, or other use or structure as prohibited by these provisions. 6. If required open space is located within a mapped geenway corridor, as depicted on the Greenway Conceptual Plan at the time of submittal of the preliminary plat, then a geenway easement shall be dedicated to Roanoke County or their designated agent. The Zoning Administrator, in consultation with the Roanoke Valley Greenway Commission, shall determine the exact location and dimensions of the easement to be dedicated. 7. No building, building addition, structure, road, driveway, parking area or any other type of physical land improvement shall be located within a required Primary or Secondary Conservation Area as defined in (E) 1. and 2. above. Notwithstanding the above, geenway trails may be developed in Primary and Secondary Conservation Areas. (F) Street and Access Requirements All residential lots within a cluster subdivision shall have frontage on and access to a publicly dedicated and maintained street except as provided in this section. 2. Lots within a cluster subdivision shall not be required to have frontage on a publicly dedicated and maintained street provided: a. No dwelling unit shall be located further than 500 feet, as measured in a straight line, from an access point to a publicly dedicated and maintained street that the dwelling unit has direct access to, and b. Lots without public street frontage shall be planned and arranged into distinct residential clusters of three (3) or more dwelling units served by a common private street, and c. No more than twenty (20) dwelling units shall be allowed on any single private street or independent network of private streets. 3. Maintenance of private streets shall be the responsibility of the homeowners association. 4. Pavement surface: The minimum pavement surface shall be asphalt. Alternate materials such as concrete, structural pavers, or cobblestone may be substituted provided the proposed surface will support the expected loads. Calculations and/or manufacturers specifications shall be required at submittal. Gravel is not an acceptable surface course. 5. Base Course: six (6) inches minimum depth. For streets served by public refuse service and/or school buses, eight (8) inches minimum depth. 6. Vehicle turn azounds shall be included. The turn azound may be a cul-de-sac or T-turn around. The dimensions of the turn around shall be based on the largest vehicular use. 7. Vehicular Access: Private streets shall be platted as a separate parcel of land dedicated to the homeowners' association. Private right of way width shall be of sufficient width to encompass all drainage structures for the street and to allow maintenance of the street. On street parking shall be prohibited on at least one side of the street, to ensure adequate space for public service vehicles, unless additional pavement width and shoulder is provided as specified in 30-82-12.1 (F) (l0a). Drainage: Drainage design shall meet all existing Virginia Department of Transportation and County of Roanoke standards, as amended. Drainage easements shall be platted to the homeowners' association for ~~ mamtenance. 9. Signage: a. All traffic control and warning signs on private streets shall be the responsibility of the developer/homeowners' association, and b. All access points from the public street to the private street shall be clearly marked with a sign stating that the street is private. 10. Street Design: The following are required design standards. PROJECTED TRAFFIC (Vehicles per day) PAVEMENT WIDTH (MINIMUM) GRADE (MAXIMUM) SIGHT DISTANCE (MINIMUM) HORIZONTAL CURVE RADIUS (MINIMUM) SHOULDER (MINIMUM) 30-40 VPD 14' 18% 90' 90' 2' 41-80 VPD 16' 18% 100' 100' 3' 81-100 VPD 18' 18% 120' 110' 4' 101-200 VPD 20' 16% 200' 110' 4' a. Pavement width is based upon a shoulder and ditch section. If any section of the street exceeds 16% grade, then curb and gutter shall be required. If on-street parking is permitted, pavement width shall be increased by six (6) feet on each side that parking is allowed. One-way streets shall be a minimum of twelve (12) feet wide. b. Maximum grade: streets shall not exceed 300 feet in length for grades greater than or equal to 16%. Maximum grade at all landings shall not exceed 5%. Length of the landing, in feet, shall be based on the following formula: vehicles per day X .5 feet. c. Sight distance refers to stopping distance only. Intersection sight distance shall meet a design speed of 25 mph. d. Shoulders: If a guardrail is necessary, an additional six (6) feet of shoulder width shall be provided. (G) Public Water and Sanitary Sewer 1. Public water and sewer shall conform with Roanoke County Water and Sewer Standards, as amended. a. For homes located within the minimum required distance to a fire hydrant, the following shall apply: 1. The homes shall be served by private laterals. 2. Water meters and sewer cleanouts shall be located near the public street right of way. 3. A maximum of six meters or cleanouts shall be located side by side. 4 G-I b. For homes requiring extension of public water and sewer services, the following shall apply: A twenty-five (25) foot easement shall be provided. The easement may be shazed by both services, provided the depth is not excessive. 2. At least one of the services (water or sewer) shall be located outside of a street pavement area. 3. If the street pavement surface is an alternative to asphalt, the Director of Utilities must approve, in writing, the location of the services within the paved area. 4. The water and sewer easement(s) shall be separate from any Public Utility Easement. (H) Cluster Development Process The applicant shall meet with the Zoning Administrator or his/her designee to review the requirements for a cluster subdivision prior to the preparation of the preliminary plat. A site visit shall be arranged to review the site and identify approximate locations of Primary and Secondary Conservation Areas. The applicant shall then have drawn, preferably by a licensed engineer/surveyor, azchitect or landscape azchitect, a Property Resource Map. At a minimum this map shall include the following: a. Total acreage and acreage of each Primary and Secondary Conservation area and other open space azeas b. Percent slope, in the following increments: <15%, 15-25%, >25% c. Flood plains, wetlands, aquifer rechazge areas and riparian zones outside the FEMA study azea d. Historic structures and sites e. Designated view sheds and ridgetop preservation azeas identified and mapped in the 1998 Community Plan f. Greenway corridors mapped on the Greenway Conceptual Plan g. Elevations 1500 feet or greater above mean sea level h. Healthy woodlands and lazge individual trees of botanic significance I. Significant natural areas of species listed as endangered, threatened or of special concern j. Productive agricultural and forested lands 2. During the development design phase, the property owner shall consult with Roanoke County to determine the appropriateness of the dedication of open space for public use, such as a school, pazk, library, or other public facility. ~, ~ G' ~ The applicant shall submit a preliminary plat in accordance with Article II of the Roanoke County Subdivision Regulations. The following additional items shall be required to accompany the preliminary plat: a. All Primary and Secondary Conservation Areas and other required open space areas to be designated as permanent open space, shall be mapped as conservation lots and noted on the plat. b. All deed restrictions and covenants applicable to open space, cluster subdivision or private streets. c. The location of all building lots to be conveyed. 4. Once approval for the preliminary plat has been given, the applicant shall submit the final plat in accordance with Article III of the Roanoke County Subdivision Regulations. Definitions to be added to the Article II of the Zoning Ordinance Cluster Subdivision: An alternative means of subdividing land that concentrates building density in specific areas to allow the remaining land to be reserved for the preservation ofenvironmentally-sensitive features and open space. (Staff note: Need to change existing definition of cluster in Section 30-28) Lot, Conservation: A lot that has been dedicated to a land trust, homeowners, condominium, or similar association, government agency or other entity through an easement or other transfer of ownership, and set aside in perpetuity as open space in a cluster subdivision. Lot, Irregular: (Add to existing definition) A conservation lot in a cluster subdivision is not considered an irregular lot. Primary Conservation Areas: Areas within the 100-year floodplain, slopes greater than 25%, lands within designated view sheds and designated ridgetop preservation areas identified and mapped in the 1998 Community Plan, greenway corridors shown on the Greenway Conceptual Plan and elevations 1500 feet or greater above mean sea level. Property Resource Map: A map utilized in the cluster subdivision process that depicts the Primary and Secondary Conservation Areas of the subject property. Secondary Conservation Areas: Areas with slopes between 15% and 25%, aquifer recharge areas, healthy woodlands and large individual trees of botanic significance, significant natural areas of species listed as endangered, threatened or of special concern, historic structures and sites, riparian zones outside the FEMA study area and productive agricultural and forested lands. 6 ~.. 7 - .~. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 28, 1999 ORDINANCE 092899-5 EXTENDING THE FRANCHISE OF BLACKSBURG/SALEM CABLEVISION ,INC. D/B/A SALEM CABLE TV TO OPERATE A CABLE TELEVISION SYSTEM IN ROANOKE COUNTY FOR A PERIOD OF 90 DAYS WHEREAS, Blacksburg/Salem Cablevision, d/b/a Salem Cable TV, a wholly owned subsidiary of Adelphia Communications Corporation, currently holds a franchise granted by the Board of Supervisors of Roanoke County, Virginia, to operate a cable television system within portions of Roanoke County which franchise expires on October 4, 1999; and WHEREAS, negotiations are currently under way between Blacksburg/Salem Cablevision, Inc., d/b/a Salem Cable TV, and the County of Roanoke for the renewal of this franchise agreement, which negotiations may not be concluded sufficiently prior to such date to permit adoption of a new franchise agreement by the Board of Supervisors of the County of Roanoke prior to the expiration of the current franchise agreement on or about October 4, 1999; and WHEREAS, Blacksburg/Salem Cablevision, Inc., d/b/a Salem Cable TV, is prohibited by federal law from operating a cable television system within any jurisdiction without a franchise agreement or extension as defined by federal law; and WHEREAS, the first reading of this ordinance was held on September 28,1999, and the second reading of this ordinance was dispensed with by an affirmative vote of four- fifths of the members of this board. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That in order to permit Blacksburg/Salem Cablevision, Inc., d/b/a Salem Cable TV, to continue to operate a cable television franchise within the territorial limits of Roanoke County, Virginia, after October 4, 1994, and to prevent any interruption of cable television services to customers of Salem Cable TV, the franchise of Blacksburg/ Salem Cablevision, Inc., d/b/a Salem Cable TV, for the operation of a cable television system within Roanoke County, Virginia, is hereby extended for a period of ninety (90) days beginning at 12:00, midnight, on October4,1999, underthe same terms and conditions as contained in the existing franchise agreement originally granted by the Board of Supervisors of Roanoke County, Virginia, to Booth American Company, d/b/a Salem Cable TV, in October,1994, and subsequentlytransferred to Blacksburg/Salem Cablevision, Inc., d/b/a Salem Cable TV, as of April, 1997. 2. This ordinance shall be in full force and effect from its passage. On motion of Supervisor Minnix to adopt the ordinance and appoint the negotiating committee, and carried by the following recorded vote: AYES: Supervisors Minnix, Harrison, Nickens, Johnson NAYS: None ABSENT: Supervisor McNamara A COPY TESTE: .~. Mary H. Allen, CMC/AAE Clerk to the Board cc: File Joseph Obenshain, Sr. Assistant County Attorney Anne Marie Green, Community Relations Dr. Jean James, Roanoke County Schools Forest Jones, Salem City Clerk James Dickey, Roanoke County Cable Television Committee Lou Carruth, General Manager, Adelphia Communications Item No. ~ " °~ AT A REGULAR MEETING OF THE ROANOKE COUNTY, VIRGINIA BOARD OF SUPERVISORS, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, ROANOKE COUNTY, VIRGINIA MEETING DATE: September 28, 1999 AGENDA ITEM: First Reading of Ordinance Extending the Current Franchise Agreement with Adelphia (Salem) Cable for Ninety Days and Request for Appointment of Negotiating Committee to Negotiate a New Franchise Agreement. COUNTY ADMINISTRATOR'S COMMENTS: ~~~ BACKGROUND: In 1994, the County entered into an extension of its franchise agreement with Adelphia (formerly known as Salem) Cable, in order to make the term coincide with Adelphia's agreement with the City of Salem. The franchise agreements both terminate this year, allowing Roanoke County and Salem to negotiate a new agreement together, as the County, the City of Roanoke and the Town of Vinton have done with Cox Communications. A negotiating team needs to be appointed to work with the County Attorney's office and the City of Salem in reaching a new franchise agreement. Additionally, since the current agreement is set to expire on October 4, 1999, an extension must be approved so that negotiations can be successfully completed. SUMMARY OF INFORMATION: The cable franchise in the Glenvar and Masons Cove area of Roanoke County was originally held by Salem Cable, which was owned by Booth Communications. Booth was purchased by the Adelphia system in April, 1997, and this Board approved a transfer of the franchise to Adelphia at that time. The Board of Supervisors has appointed a cable television committee to deal with franchise issues with Adelphia, and it was that committee which negotiated the extension in 1994. The committee consists of a representative from the Roanoke Valley Cable Television Committee (Dr. Harry Nickens), the supervisor from the Catawba district (Spike Harrison), a representative from the school system (Dr. Jane James), the staff person overseeing the cable television operations (Anne Marie Green) and a citizen representative (James Dickey). During the negotiations for the extension of the franchise, Booth provided a capital grant of $40,000 to the County, free basic cable service to government and school facilities, and an interconnect with the Cox system to allow RVTV to cablecast on Channel 3 in the Booth system. Both Booth and 1 Adelphia have provided a high quality of service to Roanoke County residents, and staff has received very few complaints about the cable provider. The cost to residents is comparable to that of Cox customers, and the channel selection is almost identical. Adelphia is currently working on expanding its service into the field of Internet service, which should be available to its customers in the near future. The franchise agreements in both localities will expire on October 4, 1999, and while there have been preliminary staff discussions between the local governments and with Adelphia, formal negotiations have not yet begun. An ordinance approving the extension of the franchise agreement is attached to this Board Report. FISCAL IMPACT: None anticipated at this time. The County may receive a capital grant from Adelphia, which will provide funding for cable or Internet related equipment. STAFF RECOMMENDATION: Staff recommends that the Board appoint a negotiating committee composed of Dr. Harry Nickens, Spike Harrison, Jane James, Anne Marie Green and James Dickey to meet jointly with representatives from the City of Salem and Adelphia to explore mutually acceptable terms for a new franchise agreement with Adelphia. Staff also recommends that the Board approve the attached ordinance, extending the current franchise agreement by ninety days, and due to the franchise expiration date, waive the second reading, so that negotiations maybe completed. Respectfully submitted, ,~ ~ R ~1 Anne Marie Green, APR Elmer C. Ho ge Director, Community Relations County Administrator ACTION Approved Denied Received Referred to ()Motion by: O No Yes Abs Harrison _ Johnson _ _ McNamara _ Minnix _ Nickens 2 ~_a CC: Randy Smith, Salem City Manager Lon Carruth, General Manager, Adelphia Communications Joe Obenshain, Senior Assistant County Attorney Jane James, Roanoke County Schools James Dickey, Roanoke County Cable Television Committee AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 28, 1999 ORDINANCE EXTENDING THE FRANCHISE OF BLACKSBURG/SALEM CABLEVISION ,INC. D/B/A SALEM CABLE TV TO OPERATE A CABLE TELEVISION SYSTEM IN ROANOKE COUNTY FOR A PERIOD OF 90 DAYS WHEREAS, Blacksburg/Salem Cablevision, d/b/a Salem Cable TV, a wholly owned subsidiary of Adelphia Communications Corporation, currently holds a franchise granted by the Board of Supervisors of Roanoke County, Virginia, to operate a cable television system within portions of Roanoke County which franchise expires on October 4, 1999; and WHEREAS, negotiations are currently under way between Blacksburg/Salem Cablevision, Inc., d/b/a Salem Cable TV, and the County of Roanoke for the renewal of this franchise agreement, which negotiations may not be concluded sufficiently prior to such date to permit adoption of a new franchise agreement by the Board of Supervisors of the County of Roanoke prior to the expiration of the current franchise agreement on or about October 4, 1999; and WHEREAS, Blacksburg/Salem Cablevision, Inc., d/b/a Salem Cable TV, is prohibited by federal law from operating a cable television system within any jurisdiction without a franchise agreement or extension as defined by federal law; and WHEREAS, the first reading of this ordinance was held on September 28, 1999, and the second reading of this ordinance was dispensed with by an affirmative vote of four-fifths of the members of this board. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That in order to permit Blacksburg/Salem Cablevision, Inc., d/b/a Salem Cable TV, to continue to operate a cable television franchise within the territorial limits of Roanoke County, ~. Virginia, after October 4, 1994, and to prevent any interruption of cable television services to customers of Salem Cable TV, the franchise of Blacksburg/ Salem Cablevision, Inc., d/b/a Salem Cable TV, for the operation of a cable television system within Roanoke County, Virginia, is hereby extended for a period of ninety (90) days beginning at 12:00, midnight, on October 4,1999, under the same terms and conditions as contained in the existing franchise agreement originally granted by the Board of Supervisors of Roanoke County, Virginia, to Booth American Company, d/b/a Salem Cable TV, in October, 1994, and subsequently transferred to Blacksburg/Salem Cablevision, Inc., d/b/a Salem Cable TV, as of April, 1997. 2. This ordinance shall be in full force and effect from its passage. ~- . ~... AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 28, 1999 ORDINANCE EXTENDING THE FRANCHISE OF BLACKSBURG/SALEM CABLEVISION ,INC. D!B/A SALEM CABLE TV TO OPERATE A CABLE TELEVISION SYSTEM IN ROANOKE COUNTY FOR A PERIOD OF 90 DAYS WHEREAS, Blacksburg/Salem Cablevision, d/b/a Salem Cable TV, a wholly owned subsidiary of Adelphia Communications Corporation, currently holds a franchise granted by the Board of Supervisors of Roanoke County, Virginia, to operate a cable television system within portions of Roanoke County which franchise expires on October 4, 1999; and WHEREAS, negotiations are currently under way between Blacksburg/Salem Cablevision, Inc., d/b/a Salem Cable TV, and the County of Roanoke for the renewal of this franchise agreement, which negotiations may not be concluded sufficiently prior to such date to permit adoption of a new franchise agreement by the Board of Supervisors of the County of Roanoke prior to the expiration of the current franchise agreement on or about October 4, 1999; and WHEREAS, Blacksburg/Salem Cablevision, Inc., d/b/a Salem Cable TV, is prohibited by federal law from operating a cable television system within any jurisdiction without a franchise agreement or extension as defined by federal law; and WHEREAS, the first reading of this ordinance was held on September 28, 1999, and the second reading of this ordinance was dispensed with by an affirmative vote of four-fifths of the members of this board. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That in order to permit Blacksburg/Salem Cablevision, Inc., d/b/a Salem Cable TV, to continue to operate a cable television franchise within the territorial limits of Roanoke County, - ~i Virginia, after October 4, 1994, and to prevent any interruption of cable television services to customers of Salem Cable TV, the franchise of Blacksburg/ Salem Cablevision, Inc., d/b/a Salem Cable TV, for the operation of a cable television system within Roanoke County, Virginia, is hereby extended for a period of ninety (90) days beginning at 12:00, midnight, on October 4,1999, under the same terms and conditions as contained in the existing franchise agreement originally granted by the Board of Supervisors of Roanoke County, Virginia, to Booth American Company, d/b/a Salem Cable TV, in October, 1994, and subsequently transferred to Blacksburg/Salem Cablevision, Inc., d/b/a Salem Cable TV, as of April, 1997. 2. This ordinance shall be in full force and effect from its passage. /~~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 28, 1999 ORDINANCE 092899-6 AUTHORIZING ,THE EXECUTION OF AN AGREEMENT WITH THE CITY OF ROANOKE AMENDING AND SUPERSEDING PREVIOUS AGREEMENTS, PROVIDING FORTHE SALE OF BULK AND SURPLUS WATER FOR A TERM OF YEARS, ESTABLISHING RATES, AND THE APPROPRIATION OF FUNDS THEREFOR WHEREAS, Section 15.2-1102 and 15.2-2112 of the Code of Virginia, 1950, as amended, authorizes counties to negotiate and execute contracts for the purchase and sale of water; and, WHEREAS, Roanoke County and the City of Roanoke desire to promote regional sharing of water supplies in the Roanoke Valley to help ensure a continued adequate supply of water for their citizens; and other cooperative efforts for their mutual benefit and the benefit of their citizens; and, WHEREAS, Roanoke County has agreed to sell water to the City of Roanoke from Spring Hollow Reservoir for these purposes, and desires to continue said water sales for a term of twenty (20) years; and, WHEREAS, the County and the City intend to amend and supersede previous agreements between them to accomplish these goals; and, WHEREAS, the first reading ofthis ordinance was held on September 14,1999, and the second reading was held on September 28, 1999. NOW THEREFORE, BE IT ORDAINED, By the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the Chairman of the Board of Supervisors is hereby authorized to execute an agreement with the City of Roanoke for the sale of bulk water and surplus A water, upon the concurrence of the Utility Director, and upon form approved by the County Attorney. 2. That the rates or charges for said water shall be at a bulk base rate of $2.75 per 1000 gallons with annual adjustments based upon the Consumer Price Index. This rate shall apply retroactively to July 1, 1999 to all water purchased in bulk or traded by either the City or the County. Further the County shall pay the City the sum of $1,600,000 in satisfaction of its obligations to purchase water under the January 27, 1995 Addendum to the 1979 Contract between the County and the City. This sum is hereby appropriated from the FY 1999-2000 Utility Operating budget. 3. That the City shall have the right to purchase up to 4 Million Gallons per Day (MGD) of water from the County. The City agrees to sell surplus water to the County. Both the City and the County shall have the right to transport up to 3 MGD of water through the other's water distribution system at no cost or expense to the party causing or desiring the water to be transported. 4. That the initial term of this agreement shall expire June 30, 2020. 5. That this ordinance shall take effect immediately upon its adoption. On motion of Supervisor Harrison to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Minnix, Harrison, Nickens, Johnson NAYS: None ABSENT: Supervisor McNamara v M A COPY TESTE: .~~. Mary H. Allen, CMC/AAE Clerk to the Board cc: File Gary Robertson, Utility Director Diane Hyatt, Finance Director Paul Mahoney, County Attorney William Hackworth, Roanoke City Attorney James Ritchie, Acting Roanoke City Manager Mary Parker, Roanoke City Clerk Kit Kiser, City of Roanoke G: \COM MON\Sept28\9-28CITYWATR. #06.wpd ,. . ACTION # ITEM NUMBER AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 28, 1999 SUBJECT: Second reading of an ordinance authorizing the execution of an agreement with the City of Roanoke providing for the sale of bulk and surplus water COUNTY ADMINISTRATOR'S COMMENTS: BACKGROUND: Roanoke County and the City of Roanoke entered into a water contract dated August 13, 1979. This contract allowed Roanoke County to purchase surplus water from the City of Roanoke but also contained a provision that required the County to purchase a minimum quantity of water. With construction of the Spring Hollow Reservoir and water treatment facility, Roanoke County no longer needed the quantities of surplus water called for in the 1979 contract. The County and City renegotiated the contract in January 1995 to modify the billing structure and allow the minimum purchases to gradually reduce throughout the contract. The first reading was held on September 14, 1999. SUMMARY OF INFORMATION: Roanoke County and Roanoke City desire a more regional sharing of water supplies to minimize the effects of droughts like the area is presently experiencing. ,~ . /f- / These negotiations have been very fruitful and brought about the following changes: ~ The County would no longer be required to purchase a minimum quantity of water. Zj Both the County and the City could purchase surplus water from the other party with an equal rate for both parties. Z j Both parties could transport up to 3 MGD of water through the other party's water lines to minimize duplication of water line construction. ~ Roanoke City would have the right to purchase up to 4 MGD of water from the County. ~j Roanoke County and Roanoke City will jointly work to increase our system interconnections, allowing for a more reliable water system in the valley. Because these changes are significant, both parties feel that a new contract would be more desirable than further amending the existing contract. Attached is a copy of the proposed contract. This contract has been approved by Roanoke City Council. FISCAL IMPACT: Although the cost savings to the County will not begin until July 2000, it is anticipated that the County will save up to $20 million dollars over the life of the contract. STAFF RECOMMENDATION: Staff recommends that the Chairman of the Board of Supervisors be authorized to execute an agreement with the City of Roanoke concerning water sales following the second reading of this ordinance on September 28, 1999. SUBMITTED BY: APPROVED: Elmer C. Hodge County Administrator Approved ( ) Denied ( ) Received ( ) Referred to ACTION Motion by: VOTE No Yes Abs Harrison _ _ Johnson _ _ McNamara _ _ Minnix _ Nickens ~~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 28, 1999 AN ORDINANCE AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE CITY OF ROANOKE AMENDING AND SUPERSEDING PREVIOUS AGREEMENTS, PROVIDING FOR THE SALE OF BULK AND SURPLUS WATER FOR A TERM OF YEARS, ESTABLISHING RATES, AND THE APPROPRIATION OF FUNDS THEREFOR WHEREAS, Section 15.2-1102 and 15.2-2112 of the Code of Virginia, 1950, as amended, authorizes counties to negotiate and execute contracts for the purchase and sale of water; and, WHEREAS, Roanoke County and the City of Roanoke desire to promote regional sharing of water supplies in the Roanoke Valley to help ensure a continued adequate supply of water for their citizens; and other cooperative efforts for their mutual benefit and the benefit of their citizens; and, WHEREAS, Roanoke County has agreed to sell water to the City of Roanoke from Spring Hollow Reservoir for these purposes, and desires to continue said water sales fora term of twenty (20) years; and, WHEREAS, the County and the City intend to amend and supersede previous agreements between them to accomplish these goals; and, WHEREAS, the first reading of this ordinance was held on September 14, 1999, and the second reading was held on September 28, 1999. NOW THEREFORE, BE IT ORDAINED, By the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the Chairman of the Board of Supervisors is hereby authorized to execute an agreement with the City of Roanoke for the sale of bulk water and surplus water, upon the concurrence of the Utility Director, and upon form approved by the County Attorney. 2. That the rates or charges for said water shall be at a bulk base rate of $2.75 per 1000 gallons with annual adjustments based upon the Consumer Price Index. This rate shall apply retroactively to July 1, 1999 to all water purchased in bulk or traded by either the City or the /{-1 County. Further the County shall pay the City the sum of $1,600,000 in satisfaction of its obligations to purchase water under the January 27, 1995 Addendum to the 1979 Contract between the County and the City. This sum is hereby appropriated from the FY 1999-2000 Utility Operating budget. 3. That the City shall have the right to purchase up to 4 Million Gallons per Day (MGD) of water from the County. The City agrees to sell surplus water to the County. Both the City and the County shall have the right to transport up to 3 MGD of water through the other's water distribution system at no cost or expense to the party causing or desiring the water to be transported. 4. That the initial term of this agreement shall expire June 30, 2020. 5. That this ordinance shall take effect immediately upon its adoption. G: \ATTORNEY\PM M\UTILITY\CITYWATR.ORD }{- / September 15, 1999 Draft AGREEMENT THIS AGREEMENT, made and entered into this day of , 1999, by and between the CITY OF ROANOKE, a municipal corporation of the Commonwealth of Virginia, hereinafter referred to as the "City", and the COUNTY OF ROANOKE, a political subdivision of the Commonwealth of Virginia, hereinafter referred to as the "County," WITNESSETH: WHEREAS, on August 13, 1979, the City, County and Roanoke County Public Service Authority (which has since been dissolved and its rights, duties, responsibilities and obligations have been assumed by the County) entered into a contract relating to the ownership and conveyance of certain water and sewer lines and the sale of surplus water by the City to the County, which contract was amended by Addenda dated January 27, 1995, and January 24, 1996 (hereinafter collectively referred to as the "1979 Contract"); and WHEREAS, it is the intent of the City and the County that the August 13, 1979, contract, as amended, be superseded, except as provided herein, by this Agreement; and WHEREAS, in order to help ensure a continued adequate supply of water for their citizens, the City and the County wish to agree on provisions for each to provide water to the other, and for mutual efforts to be taken by each during such time that either the City or County have placed water conservation measures in effect; and U: \ W PDO CS\ W AT C OUNT. l /~- f WHEREAS, the City is authorized by Section 2(9) of its Charter to sell to persons, firms or industries residing outside of the City limits any surplus water it may have over and above the amount required to supply its inhabitants and is authorized generally by §15.2-1102, Code of Virginia (1950), as amended, to enter into this Agreement, and the County is authorized generally by §15.2-1201, Code of Virginia (1950), as amended, and § 15.2-2143, 1950 Code of Virginia, as amended, and § 2.01 of its Charter, to do so. THEREFORE, FOR AND IN CONSIDERATION of the mutual covenants, agreements and obligations herein contained, the parties hereto do covenant and agree, one with the other, as follows: SECTION 1. SALE OF WATER 1.1. Sale of Water by County (a) The County shall ensure that it has capacity within its water system and the Spring Hollow Reservoir to sell to the City for its usage up to four million gallons (4.0 MGD) of water per day. The County hereby agrees to sell to the City up to 4.0 MGD of water, if requested by the City, once transmission capability is in place in accordance with Section 1.3(b) and (c). The County agrees to exercise its best efforts to sell to the City up to 4.0 MGD of water until such time as transmission capability is in place in accordance with Section 1.3(b) and (c). (b) In addition to the foregoing requirement, the County agrees to sell surplus water to the City whenever requested by the City to do so. The City shall be under no 2 U:\WPDOCS\WATCOUNT.t ~~ obligation to purchase any minimum amount of any type of water from the County, and to the extent that the County has surplus water available, there shall be no limit on how much of the County's water the City may purchase. 1.2. Sale of Water by City. The City shall sell surplus water to the County, whenever requested by the County to do so. The County shall be under no obligation to purchase any minimum amount of such surplus water from the City, and to the extent that the City has surplus water available, there shall be no limit on how much of the City's water the County may purchase. 1.3 Coordination of Water Delivery (a) In order to accommodate operational planning and scheduling for the production and transmission of water, either party shall request deliveries of water from the other party by giving one week's notice in writing to the other party of the quantity and duration of each water request. Emergency requests with less than one week's notice may be made, and will be accommodated as quickly as possible. (b) The City and County will work together to maximize the metered interconnection locations between the two water systems. The City shall advise the County of its preferences with respect to the location(s) of additional interconnections necessary to receive delivery of 4.0 MGD of water under Section l.l, and traded water pursuant to Section 1.9. The County shall advise the City of its preferences with respect to the location(s) of additional interconnections to receive delivery of water traded pursuant to 3 U:\W PDOCS\W ATCOUNT.1 ~"" Section 1.9. The City and the County agree to collaborate in providing these additional transmission, interconnection and metering facilities. The costs of these improvements shall be agreed upon and prorated based on the benefits received by each locality for such improvements. Disputes related to such matters shall be resolved pursuant to the provisions of Section 4.1(a). (c) It is the intent of the parties that the construction of interconnections necessary for the County to deliver 4.0 MGD of water to the City shall be completed no later that July 1, 2000, and the parties agree to exercise their best efforts to identify locations and agree on a construction plan and allocations for such interventions no later that December 31, 1999. 1.4. Price of Water. (a) Water sold by either the City or County to the other shall be sold at the bulk base rate of $2,750 per million gallons (MG), or fractions thereof at the rate of $2.75 per thousand gallons. Such rate shall be increased or decreased each July 1, beginning in the year 2001, by an amount equal to the increase or decrease in the Consumer Price Index (CPI) unless the City and the County otherwise agree. The "Consumer Price Index" shall mean the consumer price index for all urban consumers (CPI-U): U.S. City average, as determined by the Bureau of Labor Statistics and released in the Blue Chip Economic Indicators Report. The baseline CPI shall be June 1999, which was 166.2. Every five years, on or before the anniversary date of this Agreement, the City and the County shall reevaluate the rate formula established hereby to reflect changes in water rates and related costs for the production and 4 U: \W PDOCS\WATCOUNT.1 t{- transmission of water in both the County and the City, and if they mutually agree to change the rate then in effect, they shall enter into an addendum to this Agreement to such effect. Absent such mutual agreement to change the rate, the initial method of annual increase or decrease of CPI shall be used. (b) The rate set forth above shall apply retroactively to July 1, 1999, to all water purchased in bulk or traded by either the City or the County to the other pursuant to the terms of the 1979 Contract. All water purchases since July 1, 1999, shall be considered to have been purchased at the bulk base rate, as set forth in Section 1.4(a) above. (c) The County shall pay the City the sum of $1,600,000 in satisfaction of its obligations to purchase water under the 1979 Contract. The initial sum of $800,000 shall be paid on or before January 1, 2000, and the remaining sum of $800,000 shall be paid no later that May 31, 2000. 1.5 Definition of Surplus Water. (a) The term "surplus water" as used in this Agreement shall mean that amount of water available at any given time in facilities owned by the City or the County, over and above the quantity of water needed at that time to supply all of the reasonable, customary and emergency water demands of the residential, industrial and commercial customers located within the City or County limits, respectively, provided, however, that there shall be deemed to be no "surplus water" available as to such locality whenever the amount of usable water available in facilities owned by such locality on any day is less than sufficient to supply the U:\WPDOCS\WATCOUNT. I -j water needs of all the residential, industrial and commercial water customers located within such locality because the future supply of water is less than one hundred and eighty (180) days, as determined by the amount of usable water available on that day, the most recent average annual daily demand, and assuming no replenishment of the water supply. (b) For purposes of this definition of "surplus water," "water customers" shall mean, in the case of the City and the County, all water sold to any customer for use within such locality for any purpose and which is billed on a periodic basis, and shall not include water sold on a bulk basis to any other governmental entity which purchases water for use outside the boundaries of such jurisdiction. 1.6. Unusual Circumstances. Neither the City nor the County shall be deemed in breach of this Agreement for any failure to perform which results from circumstances beyond their reasonable control, such as breaks in transmission lines, mechanical or electrical failure, war, civil disturbance, natural catastrophe or Acts of God. In the event the County shall fail to deliver to the City the quantity of water requested under Section 1.1 for any of the aforesaid reasons, then the City shall pay only for the water actually delivered at the agreed bulk rate. 1.7. Source of Payments. (a) The City and the County shall make payment for all amounts payable under this Agreement exclusively from revenues received by them from charges paid by users of their water systems and available to them for such purpose, for so long as either operates its 6 U: \ WPDOCS\WATCOUNT.1 f{-l water system separate and apart from its sewer system. If either the City or County determines to operate its water and sewer systems on a combined basis, then such charges may be paid exclusively from revenues of its combined water and sewer systems. (b) The charges payable under this Agreement shall not be deemed to create or constitute an indebtedness or a pledge of the faith and credit of the City or the County for purposes of any constitutional or statutory limitation. 1.8. Monthly Invoices. All amounts payable under this Agreement shall be invoiced on a monthly basis. Amounts invoiced shall be due thirty (30) days after the date of receipt of the invoice. Invoices shall be deemed received three (3) days after being mailed, first class, postage prepaid, by U.S. Mail. Each invoice shall itemize the readings for each water meter providing bulk water and shall show what water is being sold and what water is to be traded. Interest compounded monthly at the legal interest rate pursuant to §6.1-330.53, Code of Virginia (1950), as amended, or its successor section, shall be due on accounts thirty (30) or more days past due. 1.9. Traded Water. (a) The parties hereto recognize that the City and County are each producers of water and that each may, from time to time, have excess water and that it may be desirable, from time to time, for the parties to trade water pursuant to written mutual agreement. Any water traded pursuant to written mutual agreement shall not be charged for, or paid for, by 7 U: \ W P DOC S\ W ATCOUNT. l /~_! either party; however, any difference in water quantity traded shall be charged for, and paid for, using the bulk water rate set forth in Section 1.4(a) above. If such difference for any month is less than 200,000 gallons, then payment shall not be due that month, but shall be carried over to the next month. (b) The County will continue to provide traded water to the City owned facilities in the Coyner Springs area located in Botetourt County. The City will continue to own and maintain the water main and appurtenances, including but not limited to water valves, fire hydrants, and water meters, that may be necessary to transport the water from the County's water line to the Coyner Springs area. The City has connected its water main at the existing County 16-inch water main located in Botetourt County in order to transport the water from the County water line to the Coyner Springs area. Such water as is supplied by the County to the City for this water line will be considered traded water pursuant to this Section. (c) Both the City and the County shall have the right to transport up to 3 MGD of water through the other's water distribution system at no cost or expense to the party causing or desiring the water to be transported. 1.10. Water Pressure. The water delivered by the City to the County or by the County to the City shall, at all points of delivery, be a least 30 pounds per square inch for all uses except as otherwise provided in Exhibit "B" from the 1979 Contract (a copy of which is attached hereto and incorporated herein) and except for fire service, which shall be at least 15 pounds per square U: \ W PDOCS\ W AT COUNT. l inch, both pressures to be established and measured at the points on either the City's system or the County's system where either the County's water lines or the City's water lines are connected. 1.11. Water Quality. Except as provided in Exhibit "B" from the 1979 Contract, the City and County agree that each shall deliver, at the points of connection to the other party's water system, water meeting the specifications and requirements of the State Health Department and the United States Environmental Protection Agency. Subsequent to delivery of water at the other party's points of connections to the supplying party's water system, maintenance, monitoring and quality of water received from the supplying party shall be the responsibility of the receiving party. 1.12. Water Conservation Measures. Both the City and the County agree that if either imposes water conservation measures within their jurisdiction the other party will forthwith implement whatever water conservation measures they deem appropriate under the circumstances within their jurisdiction. 1.13. Future Improvements. Future improvements to the water supply, treatment or distribution systems that benefit both the County and the City shall be undertaken upon such terms and conditions as are mutually agreed to in writing by the parties hereto. 9 U:\WPDOCS\WATCOUNT.1 t ~~ 1.14. Water Shortages During times of short term water shortages or emergencies (thirty (30) days or less), the water supplies and needs of both the County and the City shall be treated equitably with available water in the County and the City being shared according to the needs of the residents and customers within each jurisdiction. The County and City agree to balance water usage and water supplies to meet the needs of County and City residents, to conserve this valuable resource, and to share this resource to alleviate water shortages or emergencies. SECTION 2. CONTINUED JOINT USE OF CERTAIN WATER AND SEWER LINES 2.1. Sewer Lines and Water Lines Within the City. As provided in Sections 1.1, 1.3 and 1.6 of the 1979 Contract, the City shall continue to own the sewer and water lines in the City identified therein, and the County shall continue to own, subject to the right of the City jointly to use them, those sewer and water lines within the City identified in Exhibit "C" to the 1979 Contract (a copy of which exhibit is attached hereto and incorporated herein), subject to the express condition that owners of property situate in the City who consent to such joint use basis shall be City customers and shall pay City connection fees and service charges. 2.2. Sewer Lines and Water Lines Within the County. (a) As provided in Sections 1.2, 1.3 and 1.6 of the 1979 Contract, the County shall continue to own those sewer and water lines in the County identified therein, and the City 10 U:\W PDOCS\WATCOUNT.1 C~-I shall continue to own, those water transmission mains and sewer lines, subject to the right of the County jointly to use such sewer lines, within the County identified in Exhibits "B" and "C", respectively, to the 1979 Contract. The County shall reimburse the City for its respective share of the cost of maintaining and or replacing the joint use sewer lines shown on Exhibit "C"in accordance with the 1979 Contract. (b) As provided in Section 1.2(b) of the 1979 Contract, customers within the County receiving water through lines retained by the City shall be County customers. The City shall, however, read the individual water meter of any County customer not separated from the City system by a bulk water meter and the water consumed by such customer shall be deemed to a bulk water sale to the County and shall be billed in the manner set out in this Agreement. (c) As provided in Section 1.2(c) of the 1979 Contract, customers within the City receiving water from the County shall be City customers. The County shall, however, read the individual water meter of any City customer not separated from the County system by a bulk water meter and the water consumed by such customer shall be deemed to be a bulk sale to the City, which shall be billed as set out in this Agreement. The City shall have the right to extend water lines and develop water resources within the City to serve customers within the City boundaries. 2.3. Joint-use Allocations. 11 U:\ W PDOCS\WATCOUNT. l /f°! The joint-use allocations in sewer interceptors and trunk lines located within the City referenced in this Section have been calculated on the basis of the percentage of the natural drainage area served through such line by the respective parties subsequent to transfer of lines as set out in the 1979 Contract, except as otherwise set forth in Exhibit "C, of the 1979 Contract and are set forth and identified in Exhibit "C". New joint-use sewers that are hereafter determined to be necessary to be constructed shall be constructed pursuant to the provisions of the November 1, 1994 sewage treatment contract, and the January 31, 1997 amendment, between the City and the County. 2.4. Customer Responsibility. Except as maybe otherwise provided in this Agreement, the parties agree that the City shall continue to have the responsibility for servicing water and sewer customers in the City and the County shall continue to have the responsibility for servicing water and sewer customers in the County. SECTION 3. METERING WATER FLOW. 3.1. Water Metering. All water shall be metered by the jurisdiction furnishing such water at such points as it leaves the City's or County's system or at other locations established by mutual written agreement between the parties. A current list of all meter locations within their respective jurisdictions shall be maintained by each party. 12 U:\WPDOCS\WATCOUNT.I f-~-~ 3.2. Ownership of Water Meters. Pursuant to the terms of the 1979 Contract, all water services and meters connected to the water system retained by the City shall belong to the City and all water meters and services connected to the water system retained by the County shall belong to the County except where both meter and services are designed to flow both ways, in which instance these facilities shall be jointly owned. The cost of installing bulk meters on the City system shall be shared equally by the parties hereto; provided, however, where an individual meter is installed on the City system to serve a customer or customers of the County such bulk water, the City shall be paid the full amount of its usual meter installation charge. Each party shall own and maintain the services and meters directly connected to its facilities and be responsible for reading same with the other party having the right of access to verify readings. Water consumption shall be reported to the other party for each meter. The City or the County shall have the right to turn off the meter and/or service belonging to the other party when that meter and service serves an individual property; however, notice shall be given to the owning party when such water service is turned off and/or on. Neither party shall turn off and/or on the bulk measuring meters or any valve, pump, etc., belonging to the other party unless permission is granted on a case-by-case basis as needed. SECTION 4. ADDITIONAL PROVISIONS 13 U:\ W PDOCS\W ATCOUNT.1 f~ -! 4.1. Disputes. The parties agree that should any question arise between the parties hereto relative to either engineering or accounting matters, it shall be resolved as follows: (a) If as to engineering, then by a majority of a committee of three composed of an engineer appointed by the County, an engineer appointed by the City, and an independent engineer, to be chosen by the foregoing two; provided, however, should the first two appointees not be able to select the third appointee within thirty (30) days following the date of appointment of the last of the first two appointees, then and in that event, application for appointment of the third arbitrator shall be made to the Virginia Society of Professional Engineers which shall appoint the third arbitrator. (b) If as to accounting, then by a maj ority of a committee of three composed of the City's Director of Finance, the County's Director of Finance, and an independent certified public accountant, to be chosen by the foregoing two; provided, however, should the first two appointees not be able to select the third appointee within thirty (30) days following the date of appointment of the last of the first two appointees, then and in that event, application for appointment of the third arbitrator shall be made to the Virginia Society of Certified Public Accountants. (c) In either case, the charge of the independent individual shall be borne equally by the City and the County. (d) Decisions of either committee shall be final, and not appealable. 14 U:\WPDOCS\WATCOUNT.I ~~~ 4.2. Voluntary Annexation. The County covenants and agrees that, in the event of any future voluntary annexation by petition of County territory, that water and sewer facilities situate in such annexed territory shall immediately, upon the effective date of such annexation, be transferred to the City for service of customers and maintenance of facilities. The City shall pay the County, for any facility so transferred, a sum equal to the actual amount of public funds expended by the County in the acquisition or construction of such facility less depreciation and adjusted by joint-use rights retained by such other party if such facility be a sewer facility. If the facility was one conveyed to the County pursuant to the 1979 Contract and replaced by a new facility prior to the effective date of such voluntary annexation, the City shall pay the County a sum equal to the actual amount of public funds expended by the County in such replacement less depreciation, and the City shall receive a credit for any usable life which remained in the facility replaced. Such payment shall, also, be adjusted byjoint-use rights retained in the County if the facility be a sewer facility. The County shall retain joint-use rights in any such facilities to which joint-use is applicable based on percentage allocations made at the time of transfer. 4.3. Term of Agreement. Unless terminated by mutual consent of the parties, or in accordance with Section 4.4, this Agreement shall continue in full force and effect until June 30, 2020. 4.4. Termination for Breach of Contract. U:\W PDOCS\WATCOUNT.1 15 1 ~" No termination of this Agreement, other than by expiration under Section 4.3, shall occur except after the giving by one party to the other of notice in writing of such intent to terminate, stating reasons for such a breach which have been perfected by a declaratory judgment rendered by a court of competent jurisdiction in favor of the party seeking termination. 4.5. Hold Harmless. To the extent permitted by law, the parties shall hold and save each other, respectively, their officers, agents, and employees harmless from any liability of any nature or kind, including costs and expense, for or on account of any or all claims, causes of action, suits or damages of any character whatsoever resulting from injuries or damages to any person or persons or property by virtue of said parties' respective performance of this Agreement, based upon any violation of Federal or State statute or ordinance by virtue of performance of this Agreement, and neither party shall hold the other harmless by virtue of suits brought by bondholders of either party. 4.6. Amendments. This Agreement may only be amended upon mutual agreement of the parties by a written amendment or modification hereto authorized by resolutions of the governing bodies of the parties. 4.7. Entire Agreement. 16 U: \ W PDO C S\ W ATC OUNT.1 ~- ! This Agreement represents the entire integrated agreement between the parties and supersedes all prior negotiations, representations or agreements, either written or oral. Except as otherwise provided in this Agreement, the 1979 Contract is terminated hereby. 4.8. Severability of Invalid Provisions. If any clause, provision or section of this Agreement shall be held to illegal or invalid by any court of competent jurisdiction, the illegality or invalidity of the clause, provision or section shall not affect any of the remaining clauses, provisions or sections, and this Agreement shall be construed and enforced as if the illegal or invalid clause, provision or section had not been contained in it. 4.9. Counterparts. This Agreement shall be executed in two counterparts, each of which when so executed and delivered, shall be an original, and the counterparts taken together shall constitute one and the same instrument. WITNESS the following signatures and seals: ATTEST: Mary F. Parker, City Clerk ATTEST: CITY OF ROANOKE By David A. Bowers, Mayor COUNTY OF ROANOKE U:\WPDOCS\WATCOUNT.1 /+- I Mary H. Allen, Clerk APPROVED AS TO FORM: County Attorney APPROVED AS TO FORM: City Attorney APPROPRIATION OF FUNDS FOR THIS AGREEMENT CERTIFIED: Director of Finance, Roanoke City Date: Account No. By Bob L. Johnson, Chairman Board of Supervisors APPROVED AS TO EXECUTION: City Attorney APPROPRIATION OF FUNDS FOR THIS AGREEMENT CERTIFIED: Director of Finance, Roanoke County Date: Account No. U:\WPDOCS\WATCOUNT.I ~ O ~'~ ^ ~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 28, 1999 ORDINANCE 092899-7 APPROVING AND AUTHORIZING AN AGREEMENT WITH THE COUNTY OF BOTETOURT TO PROVIDE WATER TO A PORTION OF BOTETOURT COUNTY, INCLUDING THE OPTION TO SELL A PORTION OF THE READ MOUNTAIN WATER COMPANY TO BOTETOURT COUNTY WHEREAS, by Ordinance 060899-2 adopted on June 8, 1999, the Board of Supervisors of Roanoke County approved and authorized the acquisition of the assets of the Read Mountain Water Company; and, WHEREAS, the County desires the consent of Botetourt County to provide water supplies and to operate a water supply system within its boundaries, pursuant to Section 15.2-2143 of the Code of Virginia, 1950, as amended, since a portion of the utility service area of said water company lies within Botetourt County; and WHEREAS, Roanoke County grants and conveys to Botetourt County the option to purchase the assets of said water system located in Botetourt County for a price equal to the fair market value of such assets at the time of purchase, and this option may be exercised anytime within the renewable ten year term of this agreement; and, WHEREAS, the first reading of this ordinance was held on September 14, 1999, and the second reading was held on September 28, 1999. NOW THEREFORE, BE IT ORDAINED, By the Board of Supervisors of Roanoke County, as follows: 1. That an agreement between Roanoke County and Botetourt County to provide water to customers within the service area of the Read Mountain Water Company in the southern portion of Botetourt County, is hereby approved and authorized. 1 2. That this agreement provides Botetourt County's consent to this purchase of the Read Mountain Water Company by Roanoke County, and provides Botetourt County with an option to purchase the assets of the water system located in Botetourt County for a price equal to the fair market value of such assets anytime during the renewable ten year term of this agreement. 3. That the County Administrator is hereby authorized to execute said contract on behalf of the citizens and Board of Supervisors of the County of Roanoke, subject to the review and approval of the final contract amendment by the County Administrator and the County Attorney. On motion of Supervisor Johnson to adopt the adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Minnix, Harrison, Nickens, Johnson NAYS: None ABSENT: Supervisor McNamara A COPY TESTE: ~• Mary H. Allen, CMC/AAE Clerk to the Board cc: File Gary Robertson, Utility Director Paul Mahoney, County Attorney Diane Hyatt, Finance Director Gerald A. Burgess, Botetourt County Administrator G:\COMMON\Sept28\BOTSELL.ORD 2 ACTION NO. ITEM NO. ~7 "' ~'`+ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 28, 1999 AGENDA ITEM: ORDINANCE APPROVING AND AUTHORIZING AN AGREEMENT WITH THE COUNTY OF BOTETOURT TO PROVIDE WATER TO A PORTION OF BOTETOURT COUNTY, INCLUDING THE OPTION TO SELL A PORTION OF THE READ MOUNTAIN WATER COMPANY TO BOTETOURT COUNTY COUNTY ADMINISTRATOR'S COMMENTS: GZ~~ SUMMARY OF INFORMATION: This ordinance approves an agreement with Botetourt County to provide water supplies and to operate a water system within its boundaries, and authorizes the County Administrator to execute this agreement on behalf of the Board and the County. On June 9, 1999 the Board of Supervisors of Roanoke County adopted Ordinance 060899-2 authorizing the acquisition of the assets of the Read Mountain Water Company. A portion of the service area of this private water company lies within Botetourt County. This acquisition is currently being reviewed by the State Corporation Commission. It is anticipated that this review will soon be completed, and closing of this transaction will occur within one month. By this agreement Botetourt County consents to Roanoke County's purchase of this water company. Section 15.2-2143 provides that no consent shall be required for the operation, construction or expansion of any water supply system in existence on July 1, 1976, and Read Mountain Water Company was in existence and operation prior to this date. In order to maintain Roanoke County's excellent working relationship with Botetourt County, staff has sought this consent, realizing the impact this acquisition and operation will have on citizens of Botetourt County. By this agreement Roanoke County grants and conveys to Botetourt County the option to purchase the assets of said water system located in Botetourt County for a price equal to the fair market value of such assets at the time of purchase, and this option may be exercised anytime within the renewable ten year term of this agreement. It also provides that the rates to be charged the customers in Botetourt County shall be the same as those charged customers in Roanoke County. G:\ATTORNEY\PMM\UTILITY\BOTSELL.RPT 1 ~t-+~ Attached you will find a map and statistical data prepared by the Director of Utilities, showing the division of the service area between the two counties and the number of customers. The first reading of this ordinance was held September 14, 1999, and the second reading is scheduled for September 28, 1999. FISCAL IMPACTS: There are no immediate fiscal impacts; however, if Botetourt County exercises its option to acquire that portion of the Read MountainWater Company's assets located within Botetourt County, then Roanoke County will receive the fair market value of these assets at that time. STAFF RECOMMENDATION: It is recommended that the Board favorably consider the adoption of this ordinance. Respectfully submitted, / q~ . 11 1 Paul M. Mahoney County Attorney ACTION VOTE Approved ( ) Denied ( ) Received ( ) Referred to Motion by: No Yes Abs Harrison _ _ - Johnson McNamara _ _ _, Minnix _ _ _ Nickens G:\ATTORNEY\PMM\UTILITY\BOTSELL.RPT 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 28, 1999 ORDINANCE APPROVING AND AUTHORIZING AN AGREEMENT WITH THE COUNTY OF BOTETOURT TO PROVIDE WATER TO A PORTION OF BOTETOURT COUNTY, INCLUDING THE OPTION TO SELL A PORTION OF THE READ MOUNTAIN WATER COMPANY TO BOTETOURT COUNTY WHEREAS, by Ordinance 060899-2 adopted on June 8, 1999, the Board of Supervisors of Roanoke County approved and authorized the acquisition of the assets of the Read Mountain Water Company; and, WHEREAS, the County desires the consent of Botetourt County to provide water supplies and to operate a water supply system within its boundaries, pursuant to Section 15.2-2143 of the Code of Virginia, 1950, as amended, since a portion of the utility service area of said water company lies within Botetourt County; and WHEREAS, Roanoke County grants and conveys to Botetourt County the option to purchase the assets of said water system located in Botetourt County for a price equal to the fair market value of such assets at the time of purchase, and this option may be exercised anytime within the renewable ten year term of this agreement; and, WHEREAS, the first reading of this ordinance was held on September 14, 1999, and the second reading was held on September 28, 1999. NOW THEREFORE, BE IT ORDAINED, By the Board of Supervisors of Roanoke County, as follows: 1. That an agreement between Roanoke County and Botetourt County to provide water to customers within the service area of the Read Mountain Water Company in the southern portion of Botetourt County, is hereby approved and authorized. 1 2. That this agreement provides Botetourt County's consent to this purchase of the Read Mountain Water Company by Roanoke County, and provides Botetourt County with an option to purchase the assets of the water system located in Botetourt County for a price equal to the fair market value of such assets anytime during the renewable ten year term of this agreement. 3. That the County Administrator is hereby authorized to execute said contract on behalf of the citizens and Board of Supervisors of the County of Roanoke, subject to the review and approval of the final contract amendment by the County Administrator and the County Attorney. G:\ATTORNEY\PMM\UTILTfY\BOTSELL.oRD 2 ~'~ ~` n~ J THIS AGREEMENT, made this 1St day of June, 1999., by and between ROANOKE COUNTY, VIRGINIA, a political subdivision of the Commonwealth of Virginia, referred to herein as "Roanoke", and BOTETOURT COUNTY, VIRGINIA, a political subdivision of the Commonwealth of Virginia, referred to herein as "Botetourt". W I T N E S S E T H: WHEREAS, the Read Mountain Water Company (the Company), was developed by Fralin and Waldron, Inc., in the 1970s to provide water to customers in the southern part of Botetourt County and the eastern part of Roanoke County and WHEREAS, the Company currently serves approximately 560 customers in the two counties, and WHEREAS, Roanoke has entered into an agreement with Fralin and Waldron, Inc., to purchase the Company and make the system a public system supported by the Spring Hollow reservoir in the event that the existing wells become deficient. NOW THEREFORE, pursuant to §§15.2-2112 and 15.2-2143 of the Virginia Code, the parties covenant and agree as follows: 1. Consent. To the extent required by law, Botetourt consents to the purchase of the Company by Roanoke. l-~-~ 2. Service area. Roanoke agrees to serve all customers in Botetourt County who request service and who are located within the service area shown on "Map of Service Area within Botetourt County" attached hereto as Attachment A. Botetourt agrees that it will not offer competing water services within the service area, unless agreed to in writing between the parties. 3. Rates. The rates for customers in Botetourt County will be the same as the rates for customers in Roanoke County. 4. Term. This agreement shall be for a term of ten (10) years and shall commence on the date when the State Corporation Commission approves the sale of the Company to Roanoke. 5. Option to purchase and renewal. Roanoke does hereby grant and convey unto Botetourt the option to purchase all assets of the water system located in Botetourt County for a price equal to the fair market value of such assets at the time of exercise. This option may be exercised by Botetourt at any time within the term. Notice of exercise shall be in writing and shall be addressed to the Roanoke County Administrator at the following address: f~~-oti The parties shall meet within 30 days following the notice to exercise and attempt to reach agreement on the fair market value of the system. If the parties cannot agree on fair market value, the system shall be appraised by a mutually acceptable appraiser. The report of the appraiser shall be binding on the question of fair market value. If the parties cannot agree upon an appraiser, the parties shall each have an appraisal done. The sum of the values shall be divided by two and the result will be the binding fair market value of the system. If Botetourt does not exercise its option to purchase within the term, this agreement shall renew automatically for another ten (10) year term upon the same terms and conditions. 6. Approval by State Corporation Commission. This agreement is conditioned upon the approval of the sale of the Company to Roanoke by the State Corporation Commission in accordance with the Utility Transfers Act. 7. Entire agreement. This is the entire agreement between the parties and cannot be changed or amended except by an agreement in writing of equal formality herewith. ROANOKE COUNTY, VIRGINIA BY: County Administrator Approved as to form: Roanoke County Attorney (~-a- Approved as to form: BOTETOURT COUNTY, VIRGINIA BY: County Administrator Botetourt County Attorney ' ~EAD MOUNTAIN WATER COMPANY READ MOUNTAIN WATER COMPA SERVICE AREA ~„~ Roanoke County F BOTETOURT COUNTY Rater Storage Tnnk ~1 end Lot ~ i Rater 3torege Tank ~!2 and X150,000 hell ~1 95 GPId Rell #2 75 GPY Rell ~9 900 GPY Future Well X294,000 X20,000 Rater Lines ~ #25/LF (58,000 LF) =1.450,000 , TOTAL CAPITAL ~i,e54,oo0 (e5x) Customers (Fsisting) Approsimntely 950 ERC's Customers (F~ture) Appro:3mately 285 •ERC's TOTAL 851 ERC'e (eex) ~ NOTE: There wlll be more property developed in Roanoke G will ezhaust the ezistiug source capacity in the system • ROANOKE COUNTY ~~ 0 • ~°~~ / 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: September 28, 1999 SUBJECT: Appointments to Committees, Commissions and Boards COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: 1. BLUE RIDGE COMMUNITY SERVICES BOARD OF DIRECTORS The unexpired at-large term of Rita Gliniecki is vacant. Her term expires December 31, 2000. Ms. Gliniecki has resigned her at-large position to accept appointment as Roanoke County's representative, filling the unexpired term of Susan Cloeter. The at-large member of the Board of Directors is recommended by the Board and confirmed by all participating localities. 2. GRIEVANCE PANEL The two year term of Raymond Denney, Alternate, will expire October 10, 1999. The new term will be for three years. 3. HIGHWAY AND TRANSPORTATION SAFETY COMMISSION The four year term of Jay E. Gaylor, Legal Representative, James M. Martin, Senior Representative, and one-yearterm of a youth representative who must be attending a Roanoke County high school. Mr. James Martin has notified the Clerk's Office that he does not wish to serve another term. 4. LEAGUE OF OLDER AMERICANS -ADVISORY COUNCIL The one-yearterm ofThelma Ihrig expired March 31, 1999. She has indicated that she does not wish to serve another term at this time. 1 z.-~i SUBMITTED BY: APPROV D 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 _ _ 2 ~ h ~`--y AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 28, 1999 RESOLUTION 092899-8 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM J -CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. that the certain section of the agenda of the Board of Supervisors for September 28, 1999 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 3, inclusive, as follows: 1. Approval of minutes -August 10, 1999, August 24, 1999 2. Appropriation of $3,114 Compensation Board reimbursement for additional capital purchase for the Commonwealth Attorney's Office. 3. Adoption of resolution to file Public Library Internet Access Policy With the Library of Virginia. 4. Confirmation of Committee appointment to the Grievance Panel 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 Nickens to adopt the resolution with Item J-4 added, and carried by the following recorded vote: AYES: Supervisors Minnix, Harrison, Nickens, Johnson NAYS: None ABSENT: Supervisor McNamara ~ V A COPY TESTE: ~- Mary H. Allen, CMC/AAE Clerk to the Board cc: File Skip Burkart, Commonwealth Attorney Spencer Watts, Library Director Joseph Sgroi, Human Resources Director cc: File AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 28, 1999 RESOLUTION APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM J -CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. that the certain section of the agenda of the Board of Supervisors for September 28, 1999 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 3, inclusive, as follows: 1. Approval of minutes -August 10, 1999, August 24, 1999 2. Appropriation of $3,114 Compensation Board reimbursement for additional capital purchase for the Commonwealth Attorney's Office. 3. Adoption of resolution to file Public Library Internet Access Policy With the Library of Virginia. 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. ~i August 10, 1999 ~ ne Roanoke County Administration Center 5204 Bernard Drive Roanoke, Virginia 24018 August 10, 1999 The Board of Supervisors of Roanoke County, Virginia, met this day at the Roanoke County Administration Center, this being the second Tuesday and the first regularly scheduled meeting of the month of August, 1999. IN RE: CALL TO ORDER Chairman Johnson called the meeting to order at 3:03 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, Joseph P. McNamara MEMBERS ABSENT: None STAFF PRESENT: Don C. Myers, Acting County Administrator; Joseph Obenshain, Senior Assistant County Attorney; Mary H. Allen, Clerk; Anne Marie Green, Director, Community Relations IN RE: OPENING CEREMONIES The invocation was given by Reverend;Steven A. Harris, Baptist Children's Home. The Pledge of Allegiance was recited by all present. IN RE: NEW BUSINESS 1. Approval of a Local Participation Agreement with Virginia's First Mr. Gubala explained that since there is not yet a prospect locating in the project, there is no tax revenue at this time. The Authority has indicated that there might not be a payback on the localities' investment until after 2010. Each locality is asked to respond to the initial share offer and indicate their election of the number of shares they wish to purchase. As of July 21, 1999, six local governments have indicated they will purchase 44,541 shares and three have declined any purchase. The cities of Salem and Roanoke have not taken any action yet, and Mr. Hodge has recommended that the County purchase 1,000 shares. He also advised that the shares will be offered again, even to the private sector. Mr. Gubala requested that the Board of Supervisors adopt the resolution and authorize the County Administrator to execute the agreement. In response to questions, Assistant County Attorney Joseph Obenshain advised that the agreement locks in the current machinery and tools tax rate, and that if the General Assembly eliminates this tax, the host locality must pay the members the equivalent funding. Mr. Gubala also responded that if Roanoke County decides at a later date to withdraw, we would lose our shares but would still have the liability. Following additional questions, Supervisor Nickens moved to adopt the resolution and purchase 10,000 shares. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None RESOLUTION 081099-1 AUTHORIZING A LOCAL PARTICIPATION AGREEMENT WITH VIRGINIA'S FIRST REGIONAL INDUSTRIAL FACILITY AUTHORITY AND AN ACCEPTANCE OF ALLOTTED SHARES new South County High School. (Deanna Gordon. School Superintendent) A-081099-2 Dr. Gordon reported that there will bean increase of $67,520 for the design of the access road into the property. The design will widen Pleasant Hill Drive and Arthur Thurman Road. She requested that the Board approve the design work. Chairman Johnson suggested that the School Board and Board of Supervisors meet to discuss the Glenvar Middle School and South County High School projects. Dr. Gordon advised that both projects are on hold because there are no funds to cover the design fees. Finance Director Diane Hyatt further advised that the School Board had to make this funding increase request because the architecture and engineering funds for the project are totally committed. Supervisor Johnson pointed out that there was a $5 million increase in the scope of the project. Supervisors Johnson and Nickens expressed concern that the projects have been stopped, and suggested a joint work session on August 24. Supervisor McNamara moved to approve proceeding with the road design at $67,520 and to authorize Dr. Gordon to contact the architect to move forward with the auditorium. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Johnson NAYS: Supervisor Nickens It was the consensus of the Board to schedule a joint work session with the School Board on August 24, 1999. Clerk Mary Allen was directed to work with the School Board Clerk to establish items for discussion. August 10, 1999 Secondary System. 5. Request from Schools for $4,354,435 appropriation to the 1999-2000 Regional Special Education Fund. 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 correction to name in Item 2, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None RESOLUTION 081099-3.b REQUESTING ACCEPTANCE Of SPRINGMILL ROAD INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY SYSTEM WHEREAS, the street 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 that the street meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation, and WHEREAS, the County and the Virginia Department of Transportation have entered into an agreement on March 9, 1999, for comprehensive stormwater detention which applies to this request for addition, NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia Department of Transportation to add the street described on the attached Additions Form SR-5(A) to the secondary system of state highways, pursuant to §33.1-229, Code of Virginia, and the Department's Subdivision Street Reguirements,, and BE IT FURTHER RESOLVED, this Board guarantees a clearand unrestricted right-of-way, as described, and any necessary easements for cuts, fills and drainage, and BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. Recorded Vote Moved By: Supervisor Johnson Seconded By: None Required Yeas: Supervisors McNamara Minnix Harrison, Nickens Johnson Nays: None Absent: None RESOLUTION 081099-3.c REQUESTING ACCEPTANCE OF CAROLINA TRAIL AND STONE HOUSE LANE INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY SYSTEM 4. Future School Capital Reserve 5. Drought status report of the Virginia Drought Monitoring Task Force IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS Supervisor Harrison: (1) He noted that the Board had received a report on the drought conditions in Roanoke County and that many farmers have been forced to sell their livestock at low prices. (2) He thanked and commended the County employees who have been working outside during the heat wave and drought. SupervisorJohnson: Heasked fora report on the greenwaytrail at Hanging Rock. Tim Gubala reported that the contract ends on August 17. He updated the Board on the recent activities and advised that there will be a ribbon cutting ceremony in the fall. IN RE: CLOSED MEETING At 4:00 p.m., Supervisor Johnson moved to go into Closed Meeting after the work session pursuant to Code of Virginia Section 2.1-344 A (7) consultation with legal counsel regarding specii•ic legal matter requiring the provision of legal advice: contract negotiations concerning (a) water contract with the City of Roanoke, and (b) economic development prospect; 2.1-344 A (3) discussion of the acquisition of real propertyfor public purposes, water line. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None August 10, 1999 IN RE: CERTIFICATION RESOLUTION R-081099-4 At 6:00 p.m., Supervisor Johnson moved to return to open session; announced that the Closed Meeting was held from 5:15 p.m. until 6:00 p.m., and adopt the Certification Resolution. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None RESOLUTION 081099-4 CERTIFYING THE CLOSED MEETING WAS HELD IN CONFORMITY WITH THE CODE OF VIRGINIA WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened a closed 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 closed meeting was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, hereby certifies that, to the best of each members knowledge: 1. Only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the closed meeting which this certification resolution applies, and 2. Only such public business .matters as were identified in -the motion convening the closed 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 IN RE: ADJOURNMENT At 6:00 p.m., Chairman Johnson adjourned the meeting. Submitted by, Approved by, Au ust 24 1999 ~ g S(17 Roanoke County Administration Center 5204 Bernard Drive Roanoke, Virginia 24018 August 24, 1999 The Board of Supervisors of Roanoke County, Virginia, met this day at the Roanoke County Administration Center, this being the fourth Tuesday and the second regularly scheduled meeting of the month of August, 1999. IN RE: CALL TO ORDER Chairman Johnson called the meeting to order at 3:02 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: None STAFF PRESENT: Elmer C. Hodge, County Administrator; Paul M. Mahoney, County Attorney; Brenda J. Holton, Deputy Clerk; John M. Chambliss, Assistant County Administrator; Don C. Myers, Assistant County Administrator; Anne Marie Green, Director, Community Relations IN RE: OPENING CEREMONIES The invocation was given by Reverend Joseph A. Keaton, Central Baptist Church. The Pledge of Allegiance was recited by all present. August 24, 1999 Gnu structure, they also consider the base and volume charge and using the savings from the City. Mr. Robertson advised that information concerning the rate study will be sent to the citizens this Friday with their statement. Mr. Mahoney advised that he and the City Attorney's plan is to have the water agreement to each locality by the first meeting in September, 1999. IN RE: NEW BUSINESS 1. Acceptance of donation from Koppers Industries in connection with $5,000 received with its Directors' Award of Safety Excellence. (Tim Gubala Directorof Economic Developmentand representatives from Koppers Industries A-082499-1 Mr. Gubala advised that Koppers Industries' Roanoke Valley Plant received a Director's Award for Safety Excellence in recognition of 100,000 man hours with no injury of any kind. He introduced Mr. Mark Franck, Manager of the Roanoke Valley Plant, who reported that they received $5,000 as part of the award to be used for community recognition, and they want to donate $2,000 of these funds to the Fort Lewis Rescue Squad, $2,000 to the Fort Lewis Fire Department, and $1,000 to the County Parks & Recreation Department for a soccer field at Green Hill Park. Mr. Franck introduced Tom Loadman, Vice President and General Manager, Railroad Products and Utility Products Division, and John Heller, Senior Manager, Railroad Products and Services, from the Pittsburgh, PA office. He also introduced Jim Miller, Chairman of the Plant Safety August 24, 1999 C~ ~ appropriate related revenues of $7,617 from the State and Salem. She advised that one of the positions has been filled and they are seeking to fill the remaining two positions. Supervisor Nickens moved to appropriate the funds ($8,734) with the understanding that County funds of $1,117 be taken out of the department budget if possible and otherwise, Board Contingency Fund. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None IN RE: REQUEST FOR PUBLIC HEARINGS AND FIRST READING OF REZONING ORDINANCES -CONSENT AGENDA Supervisor Johnson moved to approve the first readings and set the second readings and public hearings for September 28, 1999. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None 1. First reading of ordinance to rezone approximately 33 acres from AR to R-1 to construct a single family subdivision located adjacent to Merriman Road near the Blue Ridge Parkway Cave Spring Magisterial District upon the petition of Don Bandy Supervisor Minnix asked that Mr. Harrington meet with him to show him exactly where this property is located. 2. First reading of ordinance to rezone 98 acre from R-3 to C-1 to expand an existing clubhouse located at 4231 Garst Mill Road Windsor Hills Magisterial District upon the petition of Roanoke August 24, 1999 C~ ~ .o-=~ There was no staff report made. Supervisor Harrison moved to approve the first reading and set the second reading for September 28, 1999. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None 3. First reading of an ordinance to amend the Roanoke County Code, Division 2, Use Value Assessment of Certain Real Estate Chapter 21, Taxation, to bring it into compliance with amendments to the State Code John Birckhead Director of Real Estate Assessment) Mr. Birckhead advised that the last time that this section of the County Code was updated was in 1989, and that this ordinance is being presented for housekeeping changes to bring the County Code into compliance with State Code. The changes are in the land use section of the Code and generally add language to clarify the existing provisions or provide for date changes for applications. Mr. Birckhead and Mr. Mahoney expressed appreciation to Clay Garrett, a law student at William & Mary and a County intern, for his role in updating the code sections. Mr. Mahoney advised that over the past ten years, there have been a series of minor changes and none are substantive in the program. Supervisor Nickens moved to approve the first reading and set the second reading for September 28, 1999. The motion carried by the following recorded vote: August 24, 1999 G1 ~ AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None RESOLUTION 082499-3 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM J -CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the certain section of the agenda of the Board of Supervisors for August 24, 1999, 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 through 5, inclusive, as follows: 1. Confirmation of committee appointments to the Senior and Challenged Citizens Commission and Parks & Recreation Advisory Commission. 2. Acceptance of $2,000 FACT (Family and Children's Trust Fund of Virginia) Grant by the Police Department for the Violence Against Women's Unit for purchase of cameras 3. Authorization to approve the FY 2000 Performance Contract with Blue Ridge Community Services and to ratify required changes in the by-laws. 4. Acceptance of Hidden Forest Court, Fairway Woods Court and a portion of Hidden Woods Drive into the Virginia Department of Transportation Secondary System. 5. Acceptance of Wertz Orchard Road and the remaining portion of Sulgrave Road into the Virginia Department of Transportation Secondary System. 2. That the Clerk to the Board is hereby authorized and directed where required by law to set forth upon any of said items the separate vote tabulation for any such item pursuant to this resolution. On motion of Supervisor Johnson to adopt the Consent Resolution, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None RESOLUTION 082499-3.d REQUESTING ACCEPTANCE OF HIDDEN FOREST COURT, FAIRWAY WOODS COURT AND A PORTION OF August 24, 1999 ~17 SR-5(A) to the secondary system of state highways, pursuant to §33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements, and BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts, fills and drainage, and BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. Recorded Vote Moved By: Supervisor Johnson Seconded By: None Reauired Yeas: Supervisors McNamara. Minnix Harrison Nickens Johnson Nays: None IN RE: REPORTS Supervisor Johnson moved to receive and file the following reports. The motion carried by a unanimous voice vote. 1. General Fund Unappropriated Balance 2. Capital Fund Unappropriated Balance 3. Board Contingency Fund 4. Future School Capital Reserve 5. Statement of Revenues and Expenditures for the one month period ending July 31, 1999 6. Accounts Paid -July, 1999 7. Statement of the Treasurer's Accountability per Investments and Portfolio Policy, as of July 31, 1999. IN RE: CLOSED MEETING At 3:40 p.m., Supervisor Johnson moved to go into Closed Meeting pursuant August 24, 1999 ~~ ~ ~,I unanimously by recorded vote. Chairman Johnson advised that this work session was scheduled to discuss the School Board's request for an increase in the architects' fees and the changes in the the scope of the Glenvar Middle School (GMs) and South County High School (SCRs) projects. The discussion included: (1) that the costs for GMS have increased from $3.3 million to $7.9 million and costs for SCHS have increased from $28 million to $34 million; (2) that approximately $10 million is needed to complete the projects as designed; (3) whether SCHS could be completed within the original budget and without compromising instructional space ; (4) the status and funding of the access road to SCHS; (5) the status of funding and stormwater management for SCHS; and (6) that value engineering has been done for GMS and is anticipated to be done for SCHS by December 1999 if plans go forward now. Supervisor McNamara proposed that a committee of two members from the Board of Supervisors and two members from the School Board meet with the SFCS architects, and itwas the consensus ofthe Board that Supervisors Nickens and McNamara represent the Board of Supervisors at this meeting. Mr. Stovall made a motion to appoint Tom Leggette and Bill Irvin, members ofthe School Board, to meetwith Supervisor Nickens and McNamara, other staff, and SFCS architects as soon as possible to discuss ways to reduce costs and move forward with SCHS. The motion was seconded by Mr. Canada and was approved unanimously by recorded vote. It was agreed by all parties that the meeting would be scheduled for Friday, August 29, 1999, at 10:00 a.m. at SCFS's ofi:lce. August 24, 1999 requirements by Virginia law were discussed in the closed meeting which this certification resolution applies, and 2. Only such public business matters as were identified in the motion convening the closed 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 IN RE: OTHER BUSINESS Chairman Johnson advised that the Board needed to vote on accepting and appropriating the funds donated earlier in the meeting by Koppers Industries, Inc. Supervisor Harrison moved to accept and appropriate the funds. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None IN RE: NEW BUSINESS Authorization to approve application to participate in the 1999 Fall Virginia Public School Authority Bond Sale for $6 920 000 (Diane Hyatt, Finance Director R-082499-5 Ms. Hyatt advised that the County would like to apply for $6,920,000 in bonds to cover advances that have been made to the Schools for Phase I school construction projects. These bond proceeds are for the following projects: (1) science lab renovations August 24, 1999 ~2~ IN RE: PUBLIC HEARING AND SECOND READING OF ORDINANCES 1. Second reading of a ordinance to obtain a Special Use Permit for a life care facility, located at the intersection of Hershberger and Florist Roads, Hollins Magisterial District upon the petition of Friendship Manor, Inc. (Terry Harrington, County Planner CONTINUED FROM JULY 27 1999 Mr. Harrington advised that this is the petition of Friendship Manor, Inc. for a special use permit which would reassert the rights of Friendship Manor to operate this facility and would confirm their right to expand the facility in accordance with the concept plan dated May 7, 1999. Currently there are approximately 312 apartment type units in this complex and an approximately 373 bed convalescent facility on the property. The proposal to build out the project in future years would add approximately 120 life lease apartments and one proposed 120 unit expansion to the convalescent care facility. New parking areas would also be provided. The project was originally approved by the Board in 1979 through a combination of commercial and residential zoning districts on the property. In 1992, as part of the comprehensive rezoning of the County, the entire 40 acres were rezoned to commercial because at that time, a life care facility was allowed by special. use permit under the C-2 zoning as it continues to be now. Access is currently off Herseberger Road and Florist Road which is located within the City of Roanoke. Any new access points off Florist Road would be approved by VDOT and City of Roanoke. Roanoke County would be responsible for reviewing and approving any additional entrances onto Hershberger Road, but there are none proposed. The significant issues regarding this expansion are August 24, 1999 ~z~ AI Friendship Manor had anon-conforming use is that they did not have the permit and that was the basis for his opinion as Zoning Administrator to Friendship Manor that they did not need the special use permit in order to proceed with the expansion. However, the legal advisors for Friendship Manor advised them to petition for the special use permit. Supervisor Johnson advised that he concurred with Mr. Hodge's recommendation to refer this matter back to the Planning Commission to clarify the issues regarding stormwater management and public services. Supervisor Nickens suggested that condition two be expanded to add that the maintenance of the stormwater management improvements be at the expense of the property owner. Supervisor Johnson moved to refer this item back to the Planning Commission. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None 2. Second reading of ordinance to rezone approximately 9.1 acres from I-2 to R-1 with conditions to construct a single family residence in the 5700 block of West River Road Catawba Magisterial District, upon the petition of Harold Horn. (Terry Harrington, County Planner) 0-082499-6 Mr. Harrington advised that this is a request to rezone approximately 9 acres to allow the current owner of the land to transfer the parcel to a member of his family for August 24, 1999 427 and, in such case, that no more than two lots will be created out of the subject property. 4. That said real estate is more fully described as follows: Beginning at a point on the north side of Virginia Secondary Route 639 at the southeast corner of Tract 2 containing 11.745 acres (Tax Map No. 64.03-1-25.1); thence N. 12 °. 15' E. 652.46 feet to a point; thence N. 71 °. 04' 30" E. 481.27 feet to a point; thence S. 22 °. 30' E. 568 feet to a point on the north side of Virginia Secondary Route 639; thence proceeding with the north side of Virginia Secondary Route 639 to the point and place of beginning, all as more particularly shown on a plat entitled "Rezoning plat for Harold Horn showing Tract 1, 12.656 acres, Estate of Adrienne G. Carter Subdivision, P.B. 16, Pg. 74, Situate on West River Road - VA. Sec. Rte. #639" prepared by T. P. Parker & Son, dated 14 May 1999. 5. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed to amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. On motion of Supervisor Harrison to adopt the ordinance with conditions, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None 3. Second reading of ordinance to rezone approximately 1.95 acres from C-2 to R-3 to construct apartments located in the 7300 block of South Barrens Road. Hollins Magisterial District, upon the petition of Peters Creek Associates, LP. (Terry Harrington, County Planned 0-082499-7 Mr. Harrington advised that this is an unconditional request to rezone one parcel totaling 1.9506 acres to construct the third phase of Peters Creek Apartments, a division of Castle Development Corporation. This phase will consist of two buildings and the maximum density is twelve units per acre. The Planning Commissions recommended August 24, 1999 X29 15' 01" W. 218.21 feet to a point; thence along the zoning line N. 36 °. 48' 26" E. 360.22 feet to a point; thence S. 59 °. 25' 36" E. 130.81 feet to the Point of Beginning, containing 84,968 sq. ft. or 1.9506 acres. 4. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed to amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. On motion of Supervisor Johnson to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None 4. Second reading of ordinance to obtain a Special Use Permit for an accessory apartment, located at 3527 Chaparral Drive Cave Spring Magisterial District, upon the petition of Paul and Darlene Zelenak. (Terry Harrington, County Planner 0-082499-8 Mr. Harrington advised that this is a request to obtain a special use permit for an accessory apartment to provide living quarters for Mrs. Zelenak's elderly parents. The accessory apartment would be an addition to the rear of the house. The Planning Commission recommended approval with the condition that the apartment shall only be used as a residence for members of the owner's family, or as a residence for a person caring for a member of the owner's family. In response to Supervisor Nickens' inquiry, Mr. Harrington explained that this special use condition is not recorded in the deed for future purchasers but if it is used inappropriately, the condition could be enforced. Mr. Ray E. Straub, 3524 Verona Trail, advised that he had no objection to the request but he does not want the retaining wall between his property and the Zelenaks August 24, 1999 ,~~-~ AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None 5. Second reading of ordinance to obtain a Special Use Permit to allow the expansion of an existing church located at 3028 Penn Forest Blvd., Cave Spring Magisterial District upon the petition of Penn Forest Christian Church. (Terry Harrington, County Planner 0-082499-9 Mr. Harrington advised that this is a request for a special use permit to construct a stormwater detention pond behind Penn Forest Christian Church on an empty plot southeast of the existing church. In March, 1997, the Board approved a special use permit for the church to add a 12,940 foot fellowship hall at the rear of the church. With this application, a proposal for a detention pond in the southwest corner of the church property was submitted but now they want to add an additional pond on an adjoining tract of land. Since the land the church is purchasing was not part of the original special use permit, the church must now obtain a special use permit. The new location is at the lowest point on the property and eliminates the need for underground drainage pipes. The Planning Commission recommended approval of the special use permit with no conditions. There was no discussion and no citizens present to speak on the issue. Supervisor Minnix moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson August 24, 1999 ~~~ 0-082499-10 Mr. Harrington advised thatthis is a requestto rezone propertyto remove four proffered conditions. Dr. Russell is requesting to make site changes for his dental practice, including enlargement of the building. In 1987, the previous property owner had a rezoning approved from R-3 to B-1 with four proffered conditions. The intended use at that time was for an editorial office for religious publications. The four proffers to be removed are: (1) The existing structure will be utilized without enlargement. (2) The petitioner will work with the adjoining landowner in an effort to obtain access onto Hunting Hills Drive for the entrance to the property. If efforts are unsuccessful, the driveway and parking plan will be in accordance with the site plan prepared by Ronald Martin, Architect. (3) There will be no printing in connection with the business. (4) The sign constructed on the property will not be larger than twenty-four (24) square feet. The Planning Commission recommended approval of the rezoning without conditions. There was no discussion and no citizens present to speak on the issue. Stapervisor Minnix moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None ORDINANCE 082499-10 TO CHANGE THE ZONING CLASSIFICATION OF A 0.86-ACRE TRACT OF REAL ESTATE LOCATED AT 4736 STARKEY ROAD (TAX MAP N0.87.07-1-17) IN THE CAVE SPRING MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF C-1C TO THE ZONING CLASSIFICATION OF C-1 UPON THE APPLICATION OF H. PATRICK RUSSELL WHEREAS, the first reading of this ordinance was held on July 27, 1999, and August 24, 1999 ~~~ residences located in the 3700 block of Challenger Avenue, Hollins Magisterial District, upon the petition of Golden Homes, Inc. (Terry Harrington, County Planner) 0-082499-11 Mr. Harrington advised that this is an unconditional request to rezone a 6.73 acre parcel to construct amixed-use residential complex adjacent to the Roanoke County/City boundary off U. S. 460 East. The Planning Commission recommended approval with the following three proffered conditions: (1) A maximum of54 total residential units will be constructed. (2) Freestanding exterior lighting shall not exceed 14 feet in height. (3) Where existing perimeter vegetation (minimum 15 foot natural buffer) cannot be maintained, Type B, Option 2 screening and buffering or an equivalent innovative landscape design shall be employed along the site's south, east and north boundaries. Supervisor Nickens expressed his concern about there being no provisions for recreation space for the 54 units and there being no County park in the area. Mr. Harrington advised that the County does not require an active recreation area with this zoning but does require 15% open space and that the site exceeds this. In response to Supervisor Nickens, Architect Jyke Jones advised that this project is proposed for middle income families and at this time there is no other facility similar to this in Roanoke County. He reported that smaller recreation areas will be developed such as walking trails but the site has fairly severe topography which limits the amount of recreation activity, and which has limited the site for commercial uses. There were no citizens present to speak on this issue. August 24, 1999 ~~r~ I 90.79 feet; thence S. 68 °. 40' 39" E. 41.17 feet; thence N. 47 °. 27' 02" E. 136.00 feet; thence N. 69 °. 15' 07" E. 98.99 feet; thence S. 66 °. 24' S6" E. 384.75 feet; thence S. 21 °. 51' 38" E. 461.64 feet; thence N. 70 °. 43' 0" W. 947.58 feet; thence N. 21 °. 30' 14" E. 174.49 feet; thence N. 70 °. 43' 00" W. 280.67 feet; thence N. 35 °. 12' 22" E. 65.75 feet; thence N. 34 °. 34' 31" E. 12.21 feet to the Point of Beginning. 5. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed to amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. On motion of Supervisor Nickens to adopt the ordinance with conditions, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens NAYS: None ABSTAIN: Supervisor Johnson 8. Second reading of ordinance to rezone 17.11 acres from C-2C to I-1 with conditions to expand a parking lot and construct a training facility, located at 5673 Airport Road. Hollins Magisterial District, upon the petition of Advance Stores, Inc. (Terry Harrington, County Planner) 0-082499-12 Mr. Hodge gave an overview of this request by Advance Stores to expand their existing headquarters office on Airport Road. This issue began almost a year ago when Advance Stores purchased Western Auto and there was a possibility of them moving the headquarters to Kansas City. County staff has been working throughout this year to keep Advance Stores in the County and a number of issues have been addressed including whether to have one zoning category for this project, either down zoning to commercial or up zoning the 17 acres to industrial. The 17 acres was zoned C2-C, commercial with August 24, 1999 NAYS: None ORDINANCE 082499-12 TO CHANGE THE ZONING CLASSIFICATION OF A 17.1-ACRE TRACT OF REAL ESTATE LOCATED AT 5673 AIRPORT ROAD (TAX MAP NO. 38.14-1-5) IN THE HOLLINS MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF C-2C TO THE ZONING CLASSIFICATION OF I-1 WITH CONDITIONS UPON THE APPLICATION OF ADVANCE STORES CO., INC. WHEREAS, the first reading ofthis ordinance was held on July 27, 1999, and the second reading and public hearing were held August 24, 1999; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on August 3, 1999; 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 17.1 acres, as described herein, and located at 5673 Airport Road (Tax Map Number 38.14-1-5) in the Hollins Magisterial District, is hereby changed from the zoning classification of C-2C, General Commercial District, Conditional, to the zoning classification of I-1, Industrial District. 2. That this action is taken upon the application of Advance Stores Co., Inc. 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) Access to and from the property shall be over right-of-ways connecting to Airport Road. An emergency access point to the Property shall be constructed at the terminus of Woodbury Avenue. (2) Advance will donate to Roanoke County the portions of the property that are designated forthe "T-turnarounds," to be constructed by Roanoke County at its expense, at the existing terminus of both Santa Anita Terrace and Sierra Drive. (3) Any building on the Property shall be at least 100 feet distant from adjacent property zoned R-1, fifty (50) feet of which shall be the buffer set forth in Proffer #4. Paved parking, driving lanes and fire lanes may be as close as fifty (50) feet to adjacent property zoned R- 1,including the establishment of the thirty-five (35) foot buffer set forth in Option 2 of the Screening requirements as provided in Proffer #4. (4) A buffer zone of fifty (50) feet in width, including the thirty-five (35) foot buffer set forth in Option 2 of the Screening requirements in Zoning Ordinance Section 30-92-4 selected by Advance, shall be established on the portion of the Property adjacent to properties August 24, 1999 Virginia, N. 38 °. 06' 30" W. 450 feet to Point 14; thence continuing with the boundary of said property of C & P Telephone Company of Virginia, S. 52 °. 45' W. 685.00 feet to Point 15 on the easterly side of Airport Road where it intersects with the northwestern corner of the property of C & P Telephone Company of Virginia; thence N. 34 °. 38' 15" W. 74.70 feet to Point 1, the Place of Beginning, and consisting 17.11 acres, as shown on said plat of property dated 6 October 1980 made by Buford T. Lumsden & Associates, P. C. 5. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed to amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. On motion of Supervisor Johnson to adopt the ordinance with conditions, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None 9. Second reading of ordinance to rezone approximately 1.05 acres from C-1 to C-2 to construct a florist, located at 4004 Challenger Avenue, Hollins Magisterial District, upon the petition of Robert L. Metz. (Terry Harrington, County Planner) 0-082499-13 -DENIAL Mr. Harrington advised that this is an unconditional request to rezone from C-1, Office Commercial, to C-2, General Commercial, to operate a florist shop. The property is currently designated as transition in the Community Plan and C-1 zoning is consistent with that designation. The Planning Commission asked the petitioner and the contract purchaser if they would proffer out commercial uses and limit the C-2 uses to personal service uses which include florist, dry cleaners, and barber shops, The Planning Commission recommended denial of the request since the contract purchaser, Mark Frye, indicated that he did not want to restrict the use of the property. Mr. Harrington advised August 24, 1999 G.~Z on this matter on August 3, 1999; 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: On motion of Supervisor Johnson to DENY the rezoning, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None IN RE: CITIZENS' COMMENTS AND COMMUNICATIONS Steve Noble. 5376 Canter Drive complimented the board on their recent actions and working with the City of Roanoke on water concerns. IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS Supervisor Minnix: He advised that the Board was briefed on the water situation earlier in the meeting and he wanted to reassure citizens that some relief will be given in reducing their water bills as soon as possible. Supervisor Harrison: He advised that the Board held a work session with the School Board during the afternoon and complimented the members on their behavior and restraint. He thanked Supervisors McNamara and Nickens for volunteering to meet with the two School Board members and the architects for South County High School to look at costs. Supervisor Nickens: (1) He gave Mr. Hodge several changes to his goals for the current fiscal year which were distributed to the Board members. (2) He advised that the Senior and Challenged Commission gave proposals at the Board work session on January 12, 1999 and that Chairman Johnson sent a letter on June 14, 1999 to the School August 24, 1999 54.E I situation. Supervisor Minnix advised that the renovated Clearbrook Elementary School had a successful opening due to the team efforts and expressed his appreciation to all involved. IN RE: ADJOURNMENT At 8:25 p.m., Chairman Johnson adjourned the meeting. Submitted by, Brenda J. Holton, CMC Deputy Clerk to the Board Approved by, Bob L. Johnson Chairman ~"~ ACTION # 09299 _~_a ITEM NUMBER ~""'~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 28, 1999 AGENDA ITEM: Appropriation of Compensation Board reimbursement for additional capital purchase for the Commonwealth Attorney's Office. COUNTY ADMINISTRATOR'S COMMENTS: `,~~-+~ SUMMARY OF INFORMATION: During the course of a fiscal year, the Compensation Board reimburses localities for specific expenses relating to the operations of the Constitutional Officers. Reimbursable expenses include salaries, fringe benefits, certain operational costs, and limited capital expenditures. An additional capital item has been funded by the Comp Board for the Commonwealth Attorney that was not included in the origins! budget appropriation. During the course of some fiscal years, Compensation Board budgets are not depleted and, upon request of the Constitutional Officer, may be reallocated to cover previously unbudgeted items. The Commonwealth Attorney has requested additional funds from the Compensation Board for the purchase of 2 replacement computers. The Comp Board has approved this request (copy of approval attached) and the reimbursable cost is $3,114. FISCAL IMPACT: No fiscal impact to County funds. Approval of this request will increase state revenue reimbursements and the expenditure budget by equal amounts. STAFF RECOMMENDATION: Staff recommends an appropriation adjustment to increase revenues from the state for Compensation Board reimbursement by $3,114 and to increase the Commonwealth Attorney's budget by $3,114. Respectfully submitted, ~ __ W. Brent Robertson Budget Manager Appro by, Elmer C. Hodge County Administrator ~ ~' +~ -------------------------------- ------------------------------- ACTION VOTE No. Yes Abs Approved (X) Motion by: Nickens to approve Harrison X Denied () appropriation Johnson - X McNamara_ _ X Received () Minnix _ X Referred () Nickens X To () cc: File Skip Burkart, Commonwealth Attorney's Office Brent Robertson, Budget Manager Diane Hyatt, Finance Sri: 7 ~~/~ 59~ Part IV Equipment ffi l SCB9UO08 . ' 5 ce Tota O ~-~- ~ : YY: 2000 Loc: 161 Off: 320 Officer: F W BURKART III ea ' ° N Qt N Tot Cst R Qt R Tot Cst Tot Qty Tot Cost Stress Factor TOTAL CATEGORY A: (DATA PROCESSING) 2 4462 2 4462 3114 2 4462 2 4462 3114 TOTAL CATEGORY B: (OFFICE EQUIPMENT) TOTAL CATEGORY C: (FURNITURE) 5 5465 U 5465 3813 Grand Total: 5 5465 2 4462 7 9927 6927 2 4462 2 4462 3114 ~`>. Y AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 28, 1999 RESOLUTION 092899-8.b ADOPTING AN ACCEPTABLE INTERNET ACCESS POLICY FORTHE ROANOKE COUNTY PUBLIC LIBRARYAND DIRECTING THE FILING OF THIS INTERNET ACCESS POLICY WITH THE LIBRARIAN OF VIRGINIA WHEREAS, the 1999 Session of the General Assembly of Virginia enacted House Bill 1043 [The Jackson Bill] adding Section 42.1-326.1 to the Code of Virginia, which legislation requires the governing body of every county, city and town in the Commonwealth to adopt and then file an acceptable use policy for the international network of computer systems commonly known as the Internetwith the Librarian of Virginia by December 1, 1999; and, WHEREAS, the Roanoke County Public Library has developed an Internet Access Policy for the county's libraries which attempts to fairly balance the competing interests of promoting citizen access to the wide scope of beneficial and educational information available on the Internet with the rights of citizens to protect themselves and their children from potentially dangerous and undesirable information which may also be available via the Internet; and, WHEREAS, this proposed Internet Access Policy has been reviewed by and adopted by the Roanoke County Library Board and its Director in June of 1999; and, WHEREAS, Roanoke County is legally required by the Code of Virginia to file an acceptable Internet Use Policy with the Librarian of Virginia on or before December 1, 1999. `~' ~/ NOW THEREFORE, BE IT RESOLVED, by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the "INTERNET ACCESS POLICY & USE GUIDELINES" approved and adopted by the Roanoke County Library Board and the Director of the Roanoke County Libraries as of June, 1999, is hereby accepted and approved as the official Internet Use Policy of the County of Roanoke. 2. That the Director of the Roanoke County Libraries is hereby directed to file this Roanoke County Internet Use Policy with the Librarian of Virginia by not later than November 1, 1999. On motion of Supervisor Nickens to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Minnix, Harrison, Nickens, Johnson NAYS: None ABSENT: Supervisor McNamara A COPY TESTE: Mary H. Allen, CMC/AAE Clerk to the Board cc: File Spencer Watts, Library Director ACTION # ITEM NUMBER ~3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETINCDATE: September 28, 1999 ~,TECT: Adoption of Resolution to File Public Library Internet Access Policy With the Library of Virginia l`nTTI`rrrv er~~,rT~tr~TRATOR'S COMMENTS: BACKGROUND: Section 42.1-36. Of the Code of Virginia, which was enacted by the General Assembly this past year, directs the governing bodies of public libraries to file an Internet acceptable use policy with the Library of Virginia. State administrative guidelines require that the filing take place no later than November 1, 1999. The legislation's primary intent seems to be to ensure that all public libraries have established some minimally defined policy regulations to address the problems of access to materials which are illegal and/or are harmful to minors. Roanoke County Public Library has an acceptable use policy that has been in place since October 1996, and it has proven to be satisfactory in meeting the primary concerns and requirements associated with the new state legislation. The Library Board of Trustees has recently reviewed the policy and made minor emendations to make the policy as responsive as possible to current code provisions and case law indicators. A copy of the policy is attached (Attachment A). SUMMARY OF INFORMATL(Z: Roanoke County Public Library's current Internet Access Policy has done a serviceable job for both the Library and the community over the past three years. The policy appears to meet all statutory requirements, but more importantly, it also seems to give both staff and library users reasonable guidance and support in meeting the everyday challenges of providing Internet services to the public. Roanoke County's policy encourages patron behaviors appropriate to our community's expectations while satisfying the legal restrictions suggested by Federal case law. It also preserves traditional, standard library service goals. The policy explicitly forbids illegal activities, such as access to and display of, obscene materials and child pornography. In addition the policy prohibits the display of pornographic images because of their potential harmful effects on the many minors who use the library. As an extra degree of possible protection, the Library provides filtering software on select public access units reserved primarily for juvenile use. To date, the Library's policies seem to have worked very well, and appear to be appropriate for the community we serve. Over the past two years we have recorded 137,317 Internet search sessions (with a ~~~ conservative estimate of over 4.8 million sites accessed), and have experienced only six incidents regarding unsuitable sites. Filing Roanoke County's policy with the Library of Virginia will not prevent the County from improving our policy or modifying it in response to technological developments or changes in behavior by the public. Over the past several years ,the staff have studied alternative means of delivering and regulating Internet services, and will continue to review and experiment with new methods and techniques whenever possible. Library staff will remain vigilant and be prepared to respond quickly and positively with measures to meet any new challenges that might emerge. Roanoke County Public Library's Internet access policy has been reviewed and approved by the. Library Board of Trustees. In addition, it has been reviewed by both the County Attorney's Office and the Information Technology Team. FISCAL. IMPACT: None. STAFF RECOMMENDATION: Staff recommends adoption of the attached resolution which authorizes the filing of Roanoke County Public Library's Internet policy with the Library of Virginia. Respectfully submitted, Approved by, Spencer Watts Library Director ~~~~ ~- Elmer C. Hodge County Administrator ACTION ~ VOTE No Yes Abs Approved ( ) Motion by: Harrison Denied ( ) Johnson Received ( ) McNamara Referred Minnix to Nickens Attachment A ROANOKE COUNTY PUBLIC LIBRARY INTERNET ACCESS POLICY & USE GUIDELINES The Internet is an enormous and complex combination of computer networks that connect with each other to share information. Governments, businesses, associations, schools, and individuals make information available to Internet users. Because it has so many contributors, the Internet and its available resources contain a wide variety of materials representing a range of views, some of them controversial. The Roanoke County Public Library has no effective means for substantive control over the information accessed through the Internet and is not responsible for its content. Access points often change rapidly and unpredictably and not all sources on the Internet provide accurate, complete, or current information. Users of the Internet, both in the library and elsewhere, should exercise caution and critical judgment to thoughtfully evaluate the content they find on the Internet. Parents of minor children are responsible for their children's use of the Internet through the library's connection. Filtering software and limited search engines are offered on some workstations reserved for juvenile users. By using the public Internet workstations at the Roanoke County Libraries, you agree to the following guidelines: The library is a public place and there are some Internet resources which may be inappropriate to a library setting. All Internet users are expected to use Library Internet access in a responsible and legal manner, consistent with the educational and informational purposes for which it is provided. Responsible use of the Internet includes: • Using the Internet for educational or informational purposes only, and not for illegal or unethical purposes. • Respecting the needs of other library users by limiting your time on library computers to specified periods (often, 30 minutes) when others are waiting. • Respecting the privacy of others using Roanoke County Library computers by not interfering with their use. • Not sending, receiving, viewing, downloading, or displaying illegal materials and graphics which may reasonably be construed as obscene. The access and display of obscene Attachment A - p.2 graphics and child pornography is illegal (Code of Virginia, 18.2-372, 18.2-374.1). We urge careful consideration of the Internet sites you choose to view. The Library is a public place and other library users may inadvertently be exposed to graphics displayed as a -result of your search(es). Users also have an obligation to exercise control and restraint in regard to displaying materials which may be harmful to minors (Code of Virginia, 18.2- 391.1), keeping in mind that children are frequent users of our libraries and are often pursuing schoolwork information in our reference and research areas of the library. • Not installing personal software on library-owned computers and not making changes to the set-up or configuration of library-owned software or hardware including the adjustment or alteration of pc operating systems. Roanoke County Public Library Does Not Provide: 1. Downloading of material from the Internet. However, you many print out material at the cost of 10 cents per page. 2. Direct links to News groups or News servers. 3. Support for chat capabilities. 4. Content screening software on most PC workstations. The library does provide this type of software on a limited number of juvenile workstations. Staff will assist persons who encounter difficulties in using these stations. 5. E-mail accounts. You may access a-mail if you have an established account through a commercial provider or through an educational institution. However, you must know how to access that account from our public pc's. Please be aware that you may either lose information contained in a-mail or risk access to your a-mail by others using library computers. Roanoke County Public Library cannot be held responsible for lost or accessed e-mail. Staff Assistance: Staff will be glad to assist you in accessing the Internet and we will provide you with our best efforts in finding the information you need. Library staff are committed to equitably administering the policies, guidelines, and procedures which govern Internet access for the public. Staff routinely monitor use of all library facilities and equipment, and are prepared to offer assistance and guidance when appropriate. Library patrons who observe possible violations of the Internet policy and guidelines are encouraged to report their concerns to the staff on duty. In addition, staff are committed to following the guidelines as they conduct their work and they adhere to a strong set of professional and ethical standards. _...~ Attachment A - p.3 An Important Reminder: While the Internet can provide valuable information on some topics, it is not always the best place to find the information you need. Have fun exploring the Internet -but please remember that you can often find the specific information you need elsewhere in the library, in our books, magazines, CD-ROM databases, etc. Library Users' Responsibility: By accessing the Internet at a Roanoke County Public Library, you agree to abide by the terms of this policy and its guidelines. Failure to follow library Internet policies, guidelines, or procedures can result in a loss of the user's access privileges. Illegal or disruptive behaviors can result in immediate termination of access and may necessarily involve intervention by law enforcement authorities. The Library reserves the right to terminate any Internet search session, and users who fail to follow the guidelines may indefinitely lose their access privileges, particularly in the case of repeat offenders. Users may appeal any termination of access privileges to the Library Director. Cases needing subsequent review may be taken to the Library Board. This policy was reviewed and adopted by the Library Board and Director, October 1996; modified and revised in September, 1998 and June, 1999. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 28, 1999 RESOLUTION ADOPTING AN ACCEPTABLE INTERNET ACCESS POLICY FOR THE ROANOKE COUNTY PUBLIC LIBRARY AND DIRECTING THE FILING OF THIS INTERNET ACCESS POLICY WITH THE LIBRARIAN OF VIRGINIA WHEREAS, the 1999 Session of the General Assembly of Virginia enacted House Bill 1043 [The Jackson Bill] adding Section 42.1-326.1 to the Code of Virginia, which legislation requires the governing body of every county, city and town in the Commonwealth to adopt and then file an acceptable use policy for the international network of computer systems commonly known as the Internet with the Librarian of Virginia by December 1, 1999; and, WHEREAS, the Roanoke County Public Library has developed an Internet Access Policy for the county's libraries which attempts to fairly balance the competing interests of promoting citizen access to the wide scope of beneficial and educational information available on the Internet with the rights of citizens to protect themselves and their children from potentially dangerous and undesirable information which may also be available via the Internet; and, WHEREAS, this proposed Internet Access Policy has been reviewed by and adopted by the Roanoke County Library Board and its Director in June of 1999; and, WHEREAS, Roanoke County is legally required by the Code of Virginia to file an acceptable Internet Use Policy with the Librarian of Virginia on or before December 1, 1999. NOW THEREFORE, BE IT RESOLVED, by the Board of Supervisors of Roanoke County, Virginia, as follows: ~' That the "INTERNET ACCESS POLICY & USE GUIDELINES" approved and adopted by the Roanoke County Library Board and the Director of the Roanoke County Libraries as of June, 1999, is hereby accepted and approved as the official Internet Use Policy of the County of Roanoke. 2. That the Director of the Roanoke County Libraries is hereby directed to file this Roanoke County Internet Use Policy with the Librarian of Virginia by not later than November 1, 1999. G:~ATTORNEYUBO~INTERNET. ACC ACTION # 092899-8.c ITEM NUMBER 1= AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 28, 1999 AGENDA ITEM: Confirmation of Committee appointment to the Grievance Panel COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION Grievance Panel At the August 24, 1999 Board meeting, Supervisor Nickens nominated Cecil Hill to serve another three-year term which will expire September 27, 2002. STAFF RECOMMENDATION: It is recommended that the above appointment be confirmed by the Board of Supervisors. Respectfully submitted, Appro ed by, Mary H. Allen, CMC/AAE Elmer C. Hodge Clerk to the Board County Administrator ------------------------------------------------------------------------------------------------------------------- ACTION VOTE No. Yes Abs Approved (X) Motion by: Nickens to confirm appointment Harrison X _ Denied () Johnson _ X Received () McNamara- _ X Referred () Minnix _ X _ To () Nickens _ X cc: File Committee File Joe Sgroi, Human Resources r 1 ACTION NO. ITEM NO. -~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 28, 1999 AGENDA ITEM: Request for Joint Work Session with the Planning Commission to Discuss Proposed Zoning Ordinance Amendments Pertaining to Cluster Housing ~'OUN'T'y ADMINISTRATOR' S COMMENTS: BACKGROUND First Reading of zoning ordinance amendments pertaining to cluster housing is scheduled for September 28, 1999. A work session with the Planning Commission is requested for October 12, 1999 so that the ordinance provisions can be reviewed and discussed with the Commission and staff prior to the Second Reading scheduled for October 26, 1999. STAFF RECOMMENDATION: 1. Schedule and hold a cluster housing worksession on October 12, 1999. Respectfully Submitted, Terrance L aryl on, AICP Departure of Community Development Approved, Elmer C. Hodge County Administrator K 2 Approved ( ) Denied ( ) Received ( ) Ref erred to Action Motion by Harrison Johnson McNamara Minnix Nickens Vote No Yes Abs ~- y GENERAL FUND UNAPPROPRIATED BALANCE COUNTY OF ROANOKE, VIRGINIA Amount Unaudited Beginning Balance at July 1, 1999 $6,750,027 Balance at September 28, 1999 Changes below this line are for information and planning purposes only. Balance from above $6,750,027 $6,750,027 $6,750,027 5.94% I 5.94% 5.94% Note: On December 18, 1990, the Board of Supervisors adopted a goal statement to ma~ntam ~.nc General Fund Unappropriated Balance at 6.25% of General Fund Revenues 1999 2000 General Fund Revenues $113,709,991 6.25% of General Fund Revenues $7,106,874 Respectfully Submitted, Approved By, ~~ 0 H e Diane D. Hyatt Elmer C. odg Director of Finance County Administrator of General Fund Revenues M:\Finance\Common\B oand\Gen99. WK4 Av`- CAPITAL FUND UNAPPROPRIATED BALANCE COUNTY OF ROANOKE, VIRGINIA Amount Balance from June 22, 1999 Board meeting $11,042.93 Sale of land during 1998-99 333,228.87 Unaudited Beginning Balance at July 1, 1999 344,271.80 Sept 14, 1999 Advance Auto performance agreement (226,650.00) (This money will be reimbursed to the capital fund from future tax collections) Balance at September 28, 1999 $117,621.80 Respectfully Submitted, ~~ ~. ~~ Diane D. Hyatt Director of Finance Approved By, Elmer C. Hodge County Administrator M:\Finance\Common\Board\Cap99.WK4 /~'-3 RESERVE FOR BOARD CONTINGENCY COUNTY OF ROANOKE, VIRGINIA Amount 27, 1999 27, 1999 From 1999-2000 Original Budget $100,000.00 General Fund share of VACO/ VML assessment for AEP negotiations (4,749.00) Green Hill soccer field (47,000.00) Balance at September 28, 1999 $48,251.00 Respectfully Submitted, ~~~~ Diane D. Hyatt Director of Finance Approved By, Elmer C. Hodge County Administrator M:\Finance\Common\Board\Board99.WK4 FUTURE SCHOOL CAPITAL RESERVE COUNTY OF ROANOKE, VIRGINIA Amount Savings from 1996-97 debt budget Transfer from County Capital Projects Fund FY97-98 Original budget appropriation June 23, 1998 Savings from 1997-98 debt fund FY98-99 Original budget appropriation FY99-200 Original budget appropriation Less increase in debt service Balance at September 28, 1999 The following funds have been temporarily advanced from this fund will be reimbursed with future bonds issues: Balance from above $6,884,960 Land purchase and site work for new South County high school (4,000,000) Science Labs (2,170,600) $714,360 ote :These advances will be reimbursed with the 1999 Fall VPSA Bond Sale. Respectfully Submitted, UJ.~,~. ~. ~~/ Diane D. Hyatt Director of Finance Approved By, ~-~ Elmer C. Hodge County Administrator 00 $670,000.00 1,113,043.00 2,000,000.00 321,772.00 2,000,000.00 2,000,000 (1,219,855) 780,145.00 M:\Finance\Common\Board\Schoo199.WK4 ACTION # ITEM NUMBER~_'~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 28, 1999 AGENDA ITEM: Accounts Paid -August 1999 COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Payments to $4,338,907.92 Vendors: Direct Dep. Checks Manual Checks Payroll: 8/6/99 $470,890.97 $235,431.45 $2,713.72 709,036.14 Voids 8/6/99 (1,260.59) (1,260.59) 8/20/99 $490,621.57 $234,734.68 $331.85 725,688.10 $5,772,371.57 A detailed listing of the payments is on file with the Clerk to the Board of Supervisors. SUBMITTED BY: ~V.L.4~.~ ~U . Diane D. Hyatt Director of Finance ~n~zntg of ~LZatt~u~e ~ ~x~~~x~ ~~ ~ ROAN ~ F ~ L ~ ~ Z G1 2 J a. 1838 DECLARING SATl1RDAY, SEPTEMBER 18,1999 AS ROANOKE COl1NTY'S DAY OF KINDNESS WHEREAS, The RoanokerMagazine is celebratingtwenty-five years of recognizingthe best and brightest of the Roanoke Valley, and seeks to give something back to the community that has supported it since 1974; and WHEREAS, The act of helping others is the greatest realization of the human spirit and Roanoke County and the Roanoke Valley has a national reputation for friendliness and generosity; and WHEREAS, The anniversary celebration of The Roanoker Magazine seeks to incorporate that spirit of giving and help which is so alive in the Roanoke Valley, because every act of kindness from one to another is a building block of a healthy community; NOW, THEREFORE, I, Bob L. Johnson, Chairman of the Board of Supervisors of Roanoke County, Virginia, do hereby proclaim Saturday, September 18,1999 as ROAA/OKE COUNTYS' DAYORK/NDNESS ATTEST: ~. ~~ Mary N. Allen, Clerk tam N-~ ACTION NO. ITEM NUMBER ~- AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 28, 1999 AGENDA ITEM: Revenues and Expenses for the Two Month Period Ended August 31, 1999 COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: I am attaching schedules showing the budget to actual comparison of revenues and expenses for the two month period ended August 31, 1999. During the first quarter of the year it is very difficult to draw any conclusions fi-om the revenue side of the budget. Accruals that are made at the year ended June 30, 1999 are reversed out of the first quarter of the 1999.2000 actual revenue. For this reason several categories of revenues show a negative amount under the monthly revenue column. Average two month expenditures would equal 16.6%. The Culture Enrichment category and contributions to Human Services categories are both higher than this because most of these contributions are distributed to the agencies at the beginning of the fiscal year. In addition, Economic Development is currently shown at 50% of budget because a $350,000 contribution to tourism is reflected in this budget and has already been made for the year. The other departments appear to be in line at this time. SUBMITTED BY: /~,JGGLnx~ aU. It~~ -tcc~ Diane D. Hyatt Director of Finance APPROVED: Elmer C. Hodge County Administrator M:~FINANCE~COMMON~BOARD~9-28-99.WPD SEPTEMBER 20, 1999 ~-~ Approved () Motion h~ No Yes Denied () McNamara Received () Harrison Referred () Johnson To () Minnix Nickens Abs M:~FINANCE~COMMON~BOARD~9-28-99.WPD SEPTEMBER20, 1999 ~-~ ..~ o _ N ~ d ~ d O ~ ~ ~ bD '~ ~ cd O 7 C CC .7 a A ~ ~ a ~ v C~ ~ ~ r~ Q ~ r~+ y ..:i 0 b 0 a 0 _~ b '~ O y d '~ V d b r.+ W O 8 r..i ~.+ O~ O~ M O .d w 0 ~L d a 0 N O a> L W C~ d ~a ~ ~ C a~i U a b "~ '~ t~ ~. d M h h ~ o ~ W O O O b b _, ~ Vl ~ V h~ O~ d' 00 0 h O 00 [~ d' Vl h~ M~ h O V1 M h N M O~ N N V O O M O O M ~O O M~ N O ~--~ V 00 V O M ~' ~~ ~O M ~--~ N V ^' O O 00 O M 01 M 00 M M V1 O O ~O O O M ~O O~ O (V ~ cV ~D h ~ N ~ ~ ~ 00 M O~ O O~ ~ Vl N N ~. ~ N N M M M M 00 O ~O V~ ~O Vl V O M •--~ O~ M M ~O N N O~ N~ h N 00 O O M M M o0 0 0 0 ~ 00 00 .--~ .--~ vl ~O ~ N ~O oo N O~ O oo .-• v~ M ~O V M v~ ~n ~ O N O ~ 00 ~ h N ~O ~--~ h O O O~ R O M ~ ~--~ U Vl '~ O ~ h ~O oo O ~O v1 00 ~O ~t ~--~ oo O h ~' --~ O~ M M ~t ~ O d' 00 M O O vi ~D ~t O~ O~ O~ O M O~ ~t O N ~D O ~--~ O~ fr1 l~ O vl ~_ ~O M O M ,--~ ~ N N M N M~~ h ^' vi h O M N 00 O Vt ~ O~ M ~° ~--~ V1 N V1 O N E Vl M ~O V M V O h h O~ [~ O~ O~ N h ~O M O ~ ~ ~ ~n O~ ~O ~O ~n o0 V vl .~ N N v) [~ N h N vl N ~O o0 O o0 M ~ N ~ i h M N O ~t ~O ~ d' V1 ~O 00 ~ ~t Vl h M h O ~° ~ •-+ O V V7 O~ M N M V7 O O ~/1 ~ h 00 t7 00 h O~ h h ~' OO M 00 OO h 00 O~ O O ~t h h h O~ O ,--~ 00 ~ ~O M v) ~O ~t ~ ~ O N ~O O N V1 h h M 00 M O~ M ~' ~--~ M Vl 00 ~--~ O N tIl ~ °~ ~ \O Vl ~ Qw V1 \O ~ 00 ~ O ~O N N vi ~ V vi ~t ~O '~ --~ ~ vi ~--~ r. 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ITEM NO. ~ g AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 28, 1999 AGENDA ITEM: Settlement of County of Roanoke v. Wayne Engineering Corporation COUNTY ADMINISTRATOR'S COMMENTS: ~~ SUMMARY OF INFORMATION: Attached you will find a copy of the agreed settlement and release of the pending litigation between Roanoke County and Wayne Engineering Corporation. Respectfully submitted, Paul M. Mahoney County Attorney U:\WPDOCS\FORMS\REPORT.FRM Z ~. ~-~ AGREED SETTLEMENT AND RELEASE It is understood and agreed that WAYNE ENGINEERING CORPORATION ("Wayne") will provide credit in the amount of Forty-Five Thousand Dollars ($45;000.00) to the COUNTY OF ROANOKE for the purchase of goods as follows: 1. Wayne will provide the County of Roanoke a 50% discount off of the published price list of parts in effect at the time of the purchase of such goods by the County of Roanoke; and/or 2. Wayne will provide a 25% discount off of the purchase price of any new automated Curbtender or any other unit purchased by the County of Roanoke. It is further understood and agreed that the County of Roanoke, in consideration of such credit, hereby releases Wayne for all claims and damages as asserted by the County of Roanoke in an action currently pending in the United States District Court for the Western District of Virginia, styled County of Roanoke v. Wayne Engineering, Civil Action No. 98-482-R, or which could have been asserted therein and which arose from the same set of facts set forth in the Complaint pertaining to said action. In releasing Wayne for all claims connected with said litigation, the County of Roanoke agrees to dismiss the above-referenced matter with prejudice. The County of Roanoke further agrees that it will not pursue any third party action against Wayne for claims asserted against the County of Roanoke by third parties. COUNTY OF ROANOKE By: IY t ~~ Paul M. Mahoney, ~'~~6 ~9q WAYNE ENGINEERING CORPORATION ,,~ , By: Wayne R. Worthin n, Authorized Agent ~/d 99 { W:\lit\7681\5100645356.DOC } ACTION NO. ITEM NUMBER AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 28, 1999 AGENDA ITEM: Work Session on Y2K Contingency Plans for the County of Roanoke COUNTY ADMINISTRATOR'S COMMENTS: BACKGROUND: This time has been reserved to update the Board of Supervisors on the planning activities of the County Staff related to Y2K concerns. The planning goes beyond the testing and upgrade of computer systems and software related to date sensitivity, and looks at the community preparedness to address other emergencies that may occur. Staff has met with leaders from the utilities and held discussions with other community leaders as to their plans and preparations for Y2K. We will discuss our plans for explaining to the general public issues and concerns that will be their responsibility. In many ways, the preparation would be similar to preparing for a natural disaster such as a flood, ice storm, etc. We look forward sharing this information with you and learning of your specific concerns. Respectfully submitted, Appr ed ~ ~.~'~-~ ohn M. Chambl ss, Jr. lmer Hod e Assistant Administrator County Administrator ----------------------------------------------------------------- ACTION VOTE Approved ( ) Motion by: No Yes Abs Denied ( ) Harrison Received ( ) Johnson Referred ( ) McNamara To ( ) Minnix Nickens f ~. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 28, 1999 RESOLUTION 092899-9 CERTIFYING THE CLOSED MEETING WAS HELD IN CONFORMITY WITH THE CODE OF VIRGINIA WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened a closed 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 closed meeting was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, hereby certifies that, to the best of each members knowledge: 1. Only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the closed meeting which this certification resolution applies, and 2. Only such public business matters as were identified in the motion convening the closed meeting were heard, discussed or considered by the Board of Supervisors of Roanoke County, Virginia. On motion of Supervisor Johnson to adopt the resolution; that Supervisor Johnson did not participate in discussion of acquisition of real estate; and carried by the following recorded vote: AYES: Supervisors Minnix, Harrison, Nickens, Johnson NAYS: None ABSENT: Supervisor McNamara A COPY TESTE: ~~ Mary H. Allen, CMC/AAE Clerk to the Board cc: File Closed Meeting File ~ w AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 28, 1999 RESOLUTION CERTIFYING THE CLOSED MEETING WAS HELD IN CONFORMITY WITH THE CODE OF VIRGINIA WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened a closed 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 closed meeting was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, hereby certifies that, to the best of each members knowledge: 1. Only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the closed meeting which this certification resolution applies, and 2. Only such public business matters as were identified in the motion convening the closed meeting were heard, discussed or considered by the Board of Supervisors of Roanoke County, Virginia. ~' AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 28, 1999, RESOLUTION 092899-10 OF CONGRATULATIONS TO THE ROANOKE STAR GIRLS U14 SOCCER TEAM FOR THEIR ACHIEVEMENTS IN THE GOTHIA CUP IN SWEDEN AND BRONDBY CUP IN DENMARK WHEREAS, the Roanoke Star Girls U14 soccer team recently participated in two international tournaments; and WHEREAS, the team first attended the Gothia Cup in Gothenberg, Sweden, which is the largest youth tournament in the world, with teams participating from over 70 different countries; and WHEREAS, at the Gothia Cup, the girls advanced as the #1 team in their division through four rounds, before losing to the #2 team in the last seven minutes of play; and WHEREAS, the Roanoke Star Girls U14 soccer team then played at the Brondby Cup in Brondby, Denmark, where they won the "A" Division tournament without losing a game and outscoring their opponents 20-2; and WHEREAS, the Roanoke Star Girls U14 soccer team is the first team from the Valley to win an "A" Division tournament, and the first Girls team to advance in the Gothia Cup "A" division; and WHEREAS, all the team members played outstanding games, especially the defense, led by goalie Mary Dodson, which allowed only 4 goals during the entire trip. NOW, THEREFORE, BE IT RESOLVED, that the Roanoke County Board of Supervisors does hereby congratulate the members of the Roanoke Star Girls U14 soccer team: Jeni Banning, Andrea Demarco, Mary Dodson, Danielle Greco, Elizabeth Hale, 1 I Lindsay Leffler, JoJo Mirenda, Dani Poe, Lindsay Schaffer, Carlie Smith, Ariel Thompson, Clair VanBuren, Sacsha Whitenack, Maya Chapman, Brynn Angel, Amy Lawrence, Coach Lang Wedemeyer, and Coach Hunter Balmer, for their outstanding showing at the Gothia Cup and the "A" Division win at the Brondby Cup, and BE IT FURTHER RESOLVED, that the Board of Supervisors does hereby extend its appreciation for the sportsmanship, skill and team effort that the U14 team demonstrated as representatives of the Roanoke Valley. On motion of Supervisor Minnix to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Minnix, Harrison, Nickens, Johnson NAYS: None ABSENT: Supervisor McNamara A COPY TESTE: ~- Mary H. Allen, CMC/AAE Clerk to the Board cc: File Resolutions of Congratulations File 2 ~-i AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 28, 1999, RESOLUTION OF CONGRATULATIONS TO THE ROANOKE STAR GIRLS U14 SOCCER TEAM FOR THEIR ACHIEVEMENTS IN THE GOTHIA CUP IN SWEDEN AND BRONDBY CUP IN DENMARK WHEREAS, the Roanoke Star Girls U14 soccer team recently participated in two international tournaments; and WHEREAS, the team first attended the Gothia Cup in Gothenberg, Sweden, which is the largest youth tournament in the world, with teams participating from over 70 different countries; and WHEREAS, at the Gothia Cup, the girls advanced as the #1 team in their division through four rounds, before losing to the #2 team in the last seven minutes of play; and WHEREAS, the Roanoke Star Girls U14 soccer team then played at the Brondby Cup in Brondby, Denmark, where they won the "A" Division tournament without losing a game and outscoring their opponents 20-2; and WHEREAS, the Roanoke Star Girls U14 soccer team is the first team from the Valley to win an "A" Division tournament, and the first Girls team to advance in the Gothia Cup "A" division; and WHEREAS, all the team members played outstanding games, especially the defense, led by goalie Mary Dodson, which allowed only 4 goals during the entire trip. NOW, THEREFORE, BE IT RESOLVED, that the Roanoke County Board of Supervisors does hereby congratulate the members of the Roanoke Star Girls U14 soccer team: Jeni Banning, Andrea Demarco, Mary Dodson, Danielle Greco, Elizabeth Hale, ~-~ Lindsay Leffler, JoJo Mirenda, Dani Poe, Lindsay Schaffer, Carlie Smith, Ariel Thompson, Clair VanBuren, Sacsha Whitenack, Maya Chapman, Brynn Angel, Amy Lawrence, Coach Lang Wedemeyer, and Coach Hunter Balmer, for their outstanding showing at the Gothia Cup and the "A" Division win at the Brondby Cup, and BE IT FURTHER RESOLVED, that the Board of Supervisors does hereby extend its appreciation forthe sportsmanship, skill and team effort that the U 14 team demonstrated as representatives of the Roanoke Valley. 2 l AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY,September 28, 1999 RESOLUTION 092899-11 AUTHORIZING THE ISSUANCE OF $6,920,000 GENERAL OBLIGATION SCHOOL BONDS OF THE COUNTY OF ROANOKE, VIRGINIA TO BE SOLD TO THE VIRGINIA PUBLIC SCHOOL AUTHORITY AND PROVIDING FOR THE FORM AND DETAILS THEREOF WHEREAS, the Board of Supervisors (the "Board") of the County of Roanoke, Virginia (the "County") has determined that it is necessary and expedient to borrow not to exceed $6,920,000 and to issue its general obligation school bonds to finance certain capital projects for school purposes. WHEREAS, the County has held a public hearing, after due publication of notice, in accordance with Section 15.2-2606, Code of Virginia of 1950, as amended (the "Virginia Code"), on September 28, 1999 on the issuance of school bonds in an amount not to exceed $6,920,000. WHEREAS the School Board of the County has requested by resolution the Board to authorize the issuance of the Bonds (as defined below) and has consented to the issuance of the Bonds. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF ROANOKE, VIRGINIA: Authorization of Bonds and Use of Proceeds. The Board hereby determines that it is advisable to contract a debt and to issue and sell general obligation school bonds of the County in an aggregate principal amount not to exceed $6,920,000 (the "Bonds") for the purpose of financing certain capital projects for school purposes. The Board hereby authorizes the issuance and sale of the Bonds in the form and upon the terms established pursuant to this Resolution. Sale of the Bonds. It is determined to be in the best interest of the County to accept the offer of the Virginia Public School Authority (the "VPSA") to purchase from the County, and to sell to the VPSA, the Bonds at a price determined by the VPSA and accepted by the Chairman of the Board or the County Administrator, such price to be not less than 98% of par and not more than 103% of par, and upon the terms established pursuant to this Resolution. The County Administrator and the Chairman of the Board, or either of them, and such officer or officers of the County as either of them may designate, are hereby authorized and directed to enter into the Bond Sale Agreement, dated as of October 12 1999, with the VPSA providing for the sale of the Bonds to the VPSA in substantially the form on file with the County Administrator, which form is hereby approved ("Bond Sale Agreement"). Details of the Bonds. The Bonds shall be issuable in fully registered form in denominations of $5,000 and whole multiples thereof; shall be dated the date of issuance and delivery of the Bonds; shall be designated "General Obligation School Bonds, Series 1999"; shall bear interest from the date of delivery thereof payable semi- annually on each January 15 and July 15 (each an "Interest Payment Date"), beginning July 15, 2000, at the rates established in accordance with paragraph 4 of this Resolution; and shall mature on July 15 in the years (each a "Principal Payment Date") and in the amounts established in accordance with paragraph 4 of this Resolution. The Interest Payment Dates and the Principal Payment Dates are subject to change at the request of VPSA. Principal Installments and Interest Rates. The County Administrator is hereby authorized and directed to accept the interest rates on the Bonds established by the VPSA, provided that each interest rate shall be ten one-hundredths of one percent (0.10%) over the interest rate to be paid by the VPSA for the corresponding principal payment date of the bonds to be issued by the VPSA (the "VPSA Bonds"), a portion of the proceeds of which will be used to purchase the Bonds, and provided further, that the true interest cost of the Bonds does not exceed six and one-half percent (6 1/2%) per annum. The County Administrator is further authorized and directed to accept the aggregate principal amount of the Bonds and the amounts of principal of the Bonds coming due on each Principal Payment Date ("Principal Installments") established by the VPSA, including any changes in the Interest Payment Dates, the Principal Payment Dates and the Principal Installments which may be requested by VPSA provided that such aggregate principal amount shall not exceed the maximum amount set forth in paragraph one and the final maturity of the Bonds shall not be later than 21 years from their date. The execution and delivery of the Bonds as described in paragraph 8 hereof shall conclusively evidence such Interest Payment Dates, Principal Payment Dates, interest rates, principal amount and Principal Installments as having been so accepted as authorized by this Resolution. Form of the Bonds. The Bonds shall be initially in the form of a single, temporary typewritten bond substantially in the form attached hereto as Exhibit A. Payment Payinq Agent and Bond Registrar. The following provisions shall apply to the Bonds: (a) For as long as the VPSA is the registered owner of the Bonds, all payments of principal of, premium, if any, and interest on the Bonds shall be made in immediately available funds to the VPSA at or before 11:00 a.m. on the applicable Interest Payment Date, Principal Payment Date or date fixed for prepayment or redemption, or if such date is not a business day for Virginia banks or for the Commonwealth of Virginia, then at or before 11:00 a.m. on the business day next preceding such Interest Payment Date, Principal Payment Date or date fixed for prepayment or redemption; (b) All overdue payments of principal and, to the extent permitted by law, interest shall bear interest at the applicable interest rate or rates on the Bonds; and (c) Crestar Bank, Richmond, Virginia, is designated as Bond Registrar and Paying Agent for the Bonds. Prepayment or Redemption. The Principal Installments of the Bonds held by the VPSA coming due on or before July 15, 2010, and the definitive Bonds for which the Bonds held by the VPSA may be exchanged that mature on or before July 15, 2010, are not subject to prepayment or redemption prior to their stated maturities. The Principal Installments of the Bonds held by the VPSA coming due after July 15, 2010, and the definitive Bonds for which the Bonds held by the VPSA may be exchanged that mature after July 15, 2010, are subject to prepayment or redemption at the option of the County prior to their stated maturities in whole or in part, on any date on or after July 15, 2010, upon payment of the prepayment or redemption prices (expressed as percentages of Principal Installments to be prepaid or the principal amount of the Bonds to be redeemed) set forth below plus accrued interest to the date set for prepayment or redemption: Dates Prices July 15, 2010 to July 14, 2011, inclusive .................... 102% July 15, 2011 to July 14, 2012, inclusive .................... 101 July 15, 2012 and thereafter .............................. 100; Provided, however, that the Bonds shall not be subject to prepayment or redemption prior to their stated maturities as described above without first obtaining the written consent of the registered owner of the Bonds. Notice of any such prepayment or redemption shall be given by the Bond Registrar to the registered owner by registered mail not more than ninety (90) and not less than sixty (60) days before the date fixed for prepayment or redemption. The County Administrator is authorized to approve such other redemption provisions, including changes to the redemption dates set forth above, as may be requested by the VPSA. Execution of the Bonds. The Chairman or Vice Chairman and the Clerk or any Deputy Clerk of the Board are authorized and directed to execute and deliver the Bonds and to affix the seal of the County thereto. Pledge of Full Faith and Credit. For the prompt payment of the principal of, and the premium, if any, and the interest on the Bonds as the same shall become due, the full faith and credit of the County are hereby irrevocably pledged, and in each year while any of the Bonds shall be outstanding there shall be levied and collected in accordance with law an annual ad valorem tax upon all taxable property in the County subject to local taxation sufficient in amount to provide for the payment of the principal of, and the premium, if any, and the interest on the Bonds as such principal, premium, if any, and interest shall become due, which tax shall be without limitation as to rate or amount and in addition to all other taxes authorized to be levied in the County to the extent other funds of the County are not lawfully available and appropriated for such purpose. Use of Proceeds Certificate• Non-Arbitrage Certificate. The Chairman of the Board and the County Administrator and such officer or officers of the County as either may designate are hereby authorized and directed to execute aNon-Arbitrage Certificate, if requested by bond counsel, and a Use of Proceeds Certificate setting forth the expected use and investment of the proceeds of the Bonds and containing such covenants as may be necessary in order to show compliance with the provisions of the Internal Revenue Code of 1986, as amended (the "Code"), and applicable regulations relating to the exclusion from gross income of interest on the Bonds and on the VPSA Bonds. The Board covenants on behalf of the County that (i) the proceeds from the issuance and sale of the Bonds will be invested and expended as set forth in such Use of Proceeds Certificate and the County shall comply with the covenants and representations contained therein and (ii) the County shall comply with the provisions of the Code so that interest on the Bonds and on the VPSA Bonds will remain excludable from gross income for Federal income tax purposes. State Non-Arbitrage Program; Proceeds Agreement. The Board hereby determines that it is in the best interests of the County to authorize and direct the County Treasurer to participate in the State Non-Arbitrage Program in connection with the Bonds. The County Administrator and the Chairman of the Board, or either of them, and such officer or officers of the County as either of them may designate, are hereby authorized and directed to execute and deliver a Proceeds Agreement with respect to the deposit and investment of proceeds of the Bonds by and among the County, the other participants in the sale of the VPSA Bonds, the VPSA, the investment manager, and the depository substantially in the form on file with the County Administrator, which form is hereby approved. Continuing Disclosure Agreement. The Chairman of the Board and the County Administrator, or either of them, and such officer or officers of the County as either of them may designate are hereby authorized and directed (i) to execute a Continuing Disclosure Agreement, as set forth in Appendix F to the Bond Sale Agreement, setting forth the reports and notices to be filed by the County and containing such covenants as may be necessary in order to show compliance with the provisions of the Securities and Exchange Commission Rule 15c2-12 and (ii) to make all filings required by Section 3 of the Bond Sale Agreement should the County be determined by the VPSA to be a MOP (as defined in the Continuing Disclosure Agreement). Filing of Resolution. The appropriate officers or agents of the County are hereby authorized and directed to cause a certified copy of this Resolution to be filed with the Circuit Court of the County. Further Actions. The County Administrator, the Chairman of the Board, and such other officers, employees and agents of the County as either of them may designate are hereby authorized to take such action as the County Administrator or the Chairman of the Board may consider necessary or desirable in connection with the issuance and sale of the Bonds and any such action previously taken is hereby ratified and confirmed. Effective Date. This Resolution shall take effect immediately. The undersigned Clerk of the Board of Supervisors of the County of Roanoke, Virginia, hereby certifies that the foregoing constitutes a true and correct extract from the minutes of a meeting of the Board of Supervisors held on September 28, 1999, and of the whole thereof so far as applicable to the matters referred to in such extract. I hereby further certify that such meeting was a regularly scheduled meeting and that, during the consideration of the foregoing resolution, a quorum was present. The front page of this Resolution accurately records (i) the members of the Board of Supervisors present at the meeting, (ii) the members who were absent from the meeting and (iii) the vote of each member, including any abstentions. On motion of Supervisor Harrison to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Minnix, Harrison, Nickens, Johnson NAYS: None ABSENT: Supervisor McNamara WITNESS MY HAND and the seal of the Board of Supervisors of the County of Roanoke, Virginia, this 30th day of September, 1999. A copy testes ~. Mary H. Allen, CMC/AAE Clerk, Board of Supervisors of the County of Roanoke, Virginia cc: File Diane Hyatt, Director, Finance Dr. Deanna Gordon, School Superintendent Brenda Chastain, Clerk, School Board Paul Mahoney, County Attorney Steven A. McGraw, Clerk of Circuit Court AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY,September 28, 1999 At a regular meeting of the Board of Supervisors of the County of Roanoke, Virginia, held on September 28, 1999, the following persons were present or absent as shown: PRESENT: Supervisors Minnix, Harrison, Nickens, Johnson ABSENT: Supervisor McNamara Upon motion by Supervisor Harrison, the following resolution was adopted by a majority of the members of the Board of Supervisors by the following roll call vote, as recorded in the minutes of the meeting: MEMBER VOTE Supervisor McNamara Absent Supervisor Minnix Yes Supervisor Harrison Yes Supervisor Nickens Yes Supervisor Johnson Yes EXHIBIT A (FORM OF TEMPORARY BOND) NO. TR-1 UNITED STATES OF AMERICA COMMONWEALTH OF VIRGINIA COUNTY OF ROANOKE General Obligation School Bond Series 1999 The COUNTY OF ROANOKE, VIRGINIA (the "County"), for value received, hereby acknowledges itself indebted and promises to pay to the VIRGINIA PUBLIC SCHOOL AUTHORITY the principal amount of Six Million Nine Hundred Twenty Thousand Dollars ($6,920,000), in annual installments in the amounts set forth on Schedule I attached hereto payable on July 15, 2000 and annually on July 15 thereafter to and including July 15, 2019 (each a "Principal Payment Date"), together with interest from the date of this Bond on the unpaid installments, payable semi-annually on January 15 and July 15 of each year commencing on July 15, 2000 (each an "Interest Payment Date"; together with any Principal Payment Date, a "Payment Date"), at the rates per annum set forth on Schedule I attached hereto, subject to prepayment or redemption as hereinafter provided. Both principal of and interest on this Bond are payable in lawful money of the United States of America. For as long as the Virginia Public School Authority is the registered owner of this Bond, Crestar Bank, Richmond, Virginia, as bond registrar (the "Bond Registrar") shall make all payments of principal, premium, if any, and interest on this Bond, without presentation or surrender hereof, to the Virginia Public School Authority, in immediately available funds at or before 11:00 a.m. on the applicable Payment Date or date fixed for prepayment or redemption. If a Payment Date or date fixed for prepayment or redemption is not a business day for banks in the Commonwealth of Virginia or for the Commonwealth of Virginia, then the payment of principal, premium, if any, or interest on this Bond shall be made in immediately available funds at or before 11:00 a.m. on the business day next preceding the scheduled Payment Date or date fixed for prepayment or redemption. Upon receipt by the registered owner of this Bond of said payments of principal, premium, if any, and interest, written acknowledgment of the receipt thereof shall be given promptly to the Bond Registrar, and the County shall be fully discharged of its obligation on this Bond to the extent of the payment so made. Upon final payment, this Bond shall be surrendered to the Bond Registrar for cancellation. The full faith and credit of the County are irrevocably pledged for the payment of the principal of and the premium, if any, and interest on this Bond. The resolution adopted by the Board of Supervisors authorizing the issuance of the Bonds provides, and Section 15.2-2624 of the Code of Virginia of 1950, as amended, requires, that there shall be levied and collected an annual tax upon all taxable property in the County subject to local taxation sufficient to provide for the payment of the principal, premium, if any, and interest on this Bond as the same shall become due which tax shall be without limitation as to rate or amount and shall be in addition to all other taxes authorized to be levied in the County to the extent other funds of the County are not lawfully available and appropriated for such purpose. This Bond is duly authorized and issued in compliance with and pursuant to the Constitution and laws of the Commonwealth of Virginia, including the Public Finance Act of 1991, Chapter 26, Title 15.2, Code of Virginia of 1950, as amended, and resolutions duly adopted by the Board of Supervisors of the County and the School Board of the County to provide funds for capital projects for school purposes. This Bond may be exchanged without cost, on twenty (20) days written notice from the Virginia Public School Authority at the office of the Bond Registrar on one or more occasions for one or more temporary bonds or definitive bonds in marketable form and, in any case, in fully registered form, in denominations of $5,000 and whole multiples thereof, and having an equal aggregate principal amount, having principal installments or maturities of and the interest rates on the installments of principal of this Bond then unpaid. This Bond is registered in the name of the Virginia Public School Authority on the books of the County kept by the Bond Registrar, and the transfer of this Bond may be effected by the registered owner of this Bond only upon due execution of an assignment by such registered owner. Upon receipt of such assignment and the surrender of this Bond, the Bond Registrar shall exchange this Bond for definitive Bonds as hereinabove provided, such definitive Bonds to be registered on such registration books in the name of the assignee or assignees named in such assignment. The principal installments of this Bond coming due on or before July 15, 2010, and the definitive Bonds for which this Bond may be exchanged that mature on or before July 15, 2010, are not subject to prepayment or redemption prior to their stated maturities. The principal installments of this Bond coming due after July 15, 2010, and the definitive Bonds for which this Bond may be exchanged that mature after July 15, 2010, are subject to prepayment or redemption at the option of the County prior to their stated maturities in whole or in part, on any date on or after July 15, 2010, upon payment of the prepayment or redemption prices (expressed as percentages of principal installments to be prepaid or the principal amount of the Bonds to be redeemed) set forth below plus accrued interest to the date set for prepayment or redemption: Dates Prices July 15, 2010 to July 14, 2011, inclusive .................... 102% July 15, 2011 to July 14, 2012, inclusive .................... 101 July 15, 2012 and thereafter .............................. 100; Provided, however, that the Bonds shall not be subject to prepayment or redemption prior to their stated maturities as described above without the prior written consent of the registered owner of the Bonds. Notice of any such prepayment or redemption shall be given by the Bond Registrar to the registered owner by registered mail not more than ninety (90) and not less than sixty (60) days before the date fixed for prepayment or redemption. All acts, conditions and things required by the Constitution and laws of the Commonwealth of Virginia to happen, exist or be performed precedent to and in the issuance of this Bond have happened, exist and have been performed in due time, form and manner as so required, and this Bond, together with all other indebtedness of the County, is within every debt and other limit prescribed by the Constitution and laws of the Commonwealth of Virginia. ACTION # ITEM NUMBER s ~ / AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 28, 1999 AGENDA ITEM: Public Hearing for the Issuance of Virginia Public School Authority Bonds of $6,920,000 for the New South County High School Land/A&E, High School Science Lab Renovations, and Glenvar Middle A&E. COUNTY ADMINISTRATOR'S COMMENTS: BACKGROUND: On August 19, 1997, the County Board of Supervisors authorized the School Board to proceed with Phase 1 of the School Capital Improvement Program as outlined in the revised Blue Ribbon Committee Report. Included in the Phase 1 recommendations was the construction of a new high school in south county, renovations to Cave Spring High, Northside High, and Glenvar High science labs, and renovation of the Glenvar Middle School. The County Board has approved temporary advances to begin construction on these projects. The following funds are included in the planned VPSA borrowing: New South County High School (total cost of $30,000,000) $5,030,000 Science Lab Renovations (total cost of $2,274,600) 1,719,828 Glenvar Middle A&E (total cost of $3,301,740) 164,000 Total 6 913 828 SUMMARY OF INFORMATION: We have submitted the required application and resolutions for the 1999 Fall VPSA Bond sale. As part of this application process, a public hearing must be held and a specific resolution needs to be adopted by the County Board. The amount borrowed has been rounded up to the next $10,000 for the bond sale. FISCAL IMPACT: The first debt payment of approximately $773,000 will begin in the 2000-2001 fiscal year. STAFF RECOMMENDATION: Staff recommends a public hearing be conducted at this board meeting and the subsequent adoption of the attached resolution authorizing the issuance of Virginia Public G: \FINANCE\COMMON\BOARD\9-28-99. doc s-~ School Authority 1999 Fall VPSA bonds for an amount not to exceed $6,920,000. SUBMITTED BY: Penny A. Hodge Assistant Director of Finance APPROVED: ~- Elmer C. Hodge County Administrator Annroved (1 Denied (1 Received ( 1 Referred (1 To (1 G: \FINANCE\COMMON\BOARD\9-28-99. doc No Yes Abs McNamara Harrison Johnson Minnix Nickens S -- AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY,September 28, 1999 At a regular meeting of the Board of Supervisors of the County of Roanoke, Virginia, held on September 28, 1999, the following persons were present or absent as shown: PRESENT: ABSENT: Upon motion by seconded by ,the following resolution was adopted by a majority of the members of the Board of Supervisors by the following roll call vote, as recorded in the minutes of the meeting: MEMBER VOTE S-l AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY,September 28, 1999 RESOLUTION AUTHORIZING THE ISSUANCE OF $6,920,000 GENERAL OBLIGATION SCHOOL BONDS OF THE COUNTY OF ROANOKE, VIRGINIA TO BE SOLD TO THE VIRGINIA PUBLIC SCHOOL AUTHORITY AND PROVIDING FOR THE FORM AND DETAILS THEREOF WHEREAS, the Board of Supervisors (the "Board") of the County of Roanoke, Virginia (the "County") has determined that it is necessary and expedient to borrow not to exceed $6,920,000 and to issue its general obligation school bonds to finance certain capital projects for school purposes. WHEREAS, the County has held a public hearing, after due publication of notice, in accordance with Section 15.2-2606, Code of Virginia of 1950, as amended (the "Virginia Code"), on September 28, 1999 on the issuance of school bonds in an amount not to exceed $6,920,000. WHEREAS the School Board of the County has requested by resolution the Board to authorize the issuance of the Bonds (as defined below) and has consented to the issuance of the Bonds. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF ROANOKE, VIRGINIA: Authorization of Bonds and Use of Proceeds. The Board hereby determines that it is advisable to contract a debt and to issue and sell general obligation school bonds of the County in an aggregate principal amount not to exceed $6,920,000 (the "Bonds") for the purpose of financing certain capital projects for school purposes. The Board hereby authorizes the issuance and sale of the Bonds in the form and upon the terms established pursuant to this Resolution. Sale of the Bonds. It is determined to be in the best interest of the County to accept the offer of the Virginia Public School Authority (the "VPSA") to purchase from the County, and to sell to the VPSA, the Bonds at a price determined by the VPSA and accepted by the Chairman of the Board or the County Administrator, such price to be not less than 98% of par and not more than 103% of par, and upon the terms established pursuant to this Resolution. The County Administrator and the Chairman of the Board, or either of them, and such officer or officers of the County as either of them may designate, are hereby authorized and directed to enter into the Bond Sale Agreement, dated as of October 12 1999, with the VPSA providing for the sale of the Bonds to the VPSA in substantially the form on file with the County Administrator, which form is hereby approved ("Bond Sale Agreement"). s-~ Details of the Bonds. The Bonds shall be issuable in fully registered form in denominations of $5,000 and whole multiples thereof; shall be dated the date of issuance and delivery of the Bonds; shall be designated "General Obligation School Bonds, Series 1999"; shall bear interest from the date of delivery thereof payable semi-annually on each January 15 and July 15 (each an "Interest Payment Date"), beginning July 15, 2000, at the rates established in accordance with paragraph 4 of this Resolution; and shall mature on July 15 in the years (each a "Principal Payment Date") and in the amounts established in accordance with paragraph 4 of this Resolution. The Interest Payment Dates and the Principal Payment Dates are subject to change at the request of VPSA. Principal Installments and Interest Rates. The County Administrator is hereby authorized and directed to accept the interest rates on the Bonds established by the VPSA, provided that each interest rate shall be ten one-hundredths of one percent (0.10%) over the interest rate to be paid by the VPSA for the corresponding principal payment date of the bonds to be issued by the VPSA (the "VPSA Bonds"), a portion of the proceeds of which will be used to purchase the Bonds, and provided further, that the true interest cost of the Bonds does not exceed six and one-half percent (6 1/2%) per annum. The County Administrator is further authorized and directed to accept the aggregate principal amount of the Bonds and the amounts of principal of the Bonds coming due on each Principal Payment Date ("Principal Installments") established by the VPSA, including any changes in the Interest Payment Dates, the Principal Payment Dates and the Principal Installments which maybe requested by VPSA provided that such aggregate principal amount shall not exceed the maximum amount set forth in paragraph one and the final maturity of the Bonds shall not be later than 21 years from their date. The execution and delivery of the Bonds as described in paragraph 8 hereof shall conclusively evidence such Interest Payment Dates, Principal Payment Dates, interest rates, principal amount and Principal Installments as having been so accepted as authorized by this Resolution. Form of the Bonds. The Bonds shall be initially in the form of a single, temporary typewritten bond substantially in the form attached hereto as Exhibit A. to the Bonds: Payment; Pan~n~ Agent and Bond Registrar. The following provisions shall apply (a) For as long as the VPSA is the registered owner of the Bonds, all payments of principal of, premium, if any, and interest on the Bonds shall be made in immediately available funds to the VPSA at or before 11:00 a.m. on the applicable Interest Payment Date, Principal Payment Date or date fixed for prepayment or redemption, or if such date is not a business day for Virginia banks or for the Commonwealth of Virginia, then at or before 11:00 a.m. on the business day next preceding such Interest Payment Date, Principal Payment Date or date fixed for prepayment or redemption; (b) All overdue payments of principal and, to the extent permitted bylaw, interest shall bear interest at the applicable interest rate or rates on the Bonds; and -2- s-/ (c) Crestar Bank, Richmond, Virginia, is designated as Bond Registrar and Paying Agent for the Bonds. Prepayment or Redemption. The Principal Installments of the Bonds held by the VPSA coming due on or before July 15, 2010, and the definitive Bonds for which the Bonds held by the VPSA maybe exchanged that mature on or before July 15, 2010, are not subject to prepayment or redemption prior to their stated maturities. The Principal Installments of the Bonds held by the VPSA coming due after July 15, 2010, and the definitive Bonds for which the Bonds held by the VPSA maybe exchanged that mature after July 15, 2010, are subject to prepayment or redemption at the option of the County prior to their stated maturities in whole or in part, on any date on or after July 15, 2010, upon payment of the prepayment or redemption prices (expressed as percentages of Principal Installments to be prepaid or the principal amount of the Bonds to be redeemed) set forth below plus accrued interest to the date set for prepayment or redemption: Dates Prices July 15, 2010 to July 14, 2011, inclusive ........................................ 102% July 15, 2011 to July 14, 2012, inclusive ........................................ 101 July 15, 2012 and thereafter ........................................................ 100; Provided, however, that the Bonds shall not be subject to prepayment or redemption prior to their stated maturities as described above without first obtaining the written consent of the registered owner of the Bonds. Notice of any such prepayment or redemption shall be given by the Bond Registrar to the registered owner by registered mail not more than ninety (90) and not less than sixty (60) days before the date fixed for prepayment or redemption. The County Administrator is authorized to approve such other redemption provisions, including changes to the redemption dates set forth above, as may be requested by the VPSA. Execution of the Bonds. The Chairman or Vice Chairman and the Clerk or any Deputy Clerk of the Board are authorized and directed to execute and deliver the Bonds and to affix the seal of the County thereto. Pledge of Full Faith and Credit. For the prompt payment of the principal of, and the premium, if any, and the interest on the Bonds as the same shall become due, the full faith and credit of the County are hereby irrevocably pledged, and in each year while any of the Bonds shall be outstanding there shall be levied and collected in accordance with law an annual ad valorem tax upon all taxable property in the County subject to local taxation sufficient in amount to provide for the payment of the principal of, and the premium, if any, and the interest on the Bonds as such principal, premium, if any, and interest shall become due, which tax shall be without limitation as to rate or amount and in addition to all other taxes authorized to be levied in the County to the extent other funds of the County are not lawfully available and appropriated for such purpose. -3- s-~ Use of Proceeds Certificate• Non-Arbitrage Certificate. The Chairman of the Board and the County Administrator and such officer or officers of the County as either may designate are hereby authorized and directed to execute aNon-Arbitrage Certificate, if requested by bond counsel, and a Use of Proceeds Certificate setting forth the expected use and investment of the proceeds of the Bonds and containing such covenants as maybe necessary in order to show compliance with the provisions of the Internal Revenue Code of 1986, as amended (the "Code"), and applicable regulations relating to the exclusion from gross income of interest on the Bonds and on the VPSA Bonds. The Board covenants on behalf of the County that (i) the proceeds from the issuance and sale of the Bonds will be invested and expended as set forth in such Use of Proceeds Certificate and the County shall comply with the covenants and representations contained therein and (ii) the County shall comply with the provisions of the Code so that interest on the Bonds and on the VPSA Bonds will remain excludable from gross income for Federal income tax purposes. State Non-Arbitrage Program; Proceeds Agreement. The Board hereby determines that it is in the best interests of the County to authorize and direct the County Treasurer to participate in the State Non-Arbitrage Program in connection with the Bonds. The County Administrator and the Chairman of the Board, or either of them, and such officer or officers of the County as either of them may designate, are hereby authorized and directed to execute and deliver a Proceeds Agreement with respect to the deposit and investment of proceeds of the Bonds by and among the County, the other participants in the sale of the VPSA Bonds, the VPSA, the investment manager, and the depository substantially in the form on file with the County Administrator, which form is hereby approved. Continuing Disclosure Agreement. The Chairman of the Board and the County Administrator, or either of them, and such officer or officers of the County as either of them may designate are hereb}~ authorized and directed (i) to execute a Continuing Disclosure Agreement, as set forth in Appendix F to the Bond Sale Agreement, setting forth the reports and notices to be filed by the County and containing such covenants as maybe necessary in order to show compliance with the provisions of the Securities and Exchange Commission Rule 15c2-12 and (ii) to make all filings required by Section 3 of the Bond Sale Agreement should the County be determined by the VPSA to be a MOP (as defined in the Continuing Disclosure Agreement). Filing of Resolution. The appropriate officers or agents of the County are hereby authorized and directed to cause a certified copy of this Resolution to be filed with the Circuit Court of the County. Further Actions. The County Administrator, the Chairman of the Board, and such other officers, employees and agents of the County as either of them may designate are hereby authorized to take such action as the County Administrator or the Chairman of the Board may consider necessary or desirable in connection with the issuance and sale of the Bonds and any such action previously taken is hereby ratified and confirmed. Effective Date. This Resolution shall take effect immediately. -4- S_~ The undersigned Clerk of the Board of Supervisors of the County of Roanoke, Virginia, hereby certifies that the foregoing constitutes a true and correct extract from the minutes of a meeting of the Board of Supervisors held on September 28, 1999, and of the whole thereof so far as applicable to the matters referred to in such extract. I hereby further certify that such meeting was a regularly scheduled meeting and that, during the consideration of the foregoing resolution, a quorum was present. The front page of this Resolution accurately records (i) the members of the Board of Supervisors present at the meeting, (ii) the members who were absent from the meeting and (iii) the vote of each member, including any abstentions. WITNESS MY HAND and the seal of the Board of Supervisors of the County of Roanoke, Virginia, this _ day of September, 1999. Clerk, Board of Supervisors of the County of Roanoke, Virginia (SEAL) -5- s-/ NO. TR-1 EXHIBIT A (FORM OF TEMPORARY BOND) UNITED STATES OF AMERICA COMMONWEALTH OF VIRGINIA COUNTY OF ROANOKE General Obligation School Bond Series 1999 The COUNTY OF ROANOKE, VIRGINIA (the "County"), for value received, hereby acknowledges itself indebted and promises to pay to the VIRGINIA PUBLIC SCHOOL AUTHORITY the principal amount of Six Million Nine Hundred Twenty Thousand Dollars ($6,920,000), in annual installments in the amounts set forth on Schedule I attached hereto payable on July 15, 2000 and annually on July 15 thereafter to and including July 15, 2019 (each a "Principal Payment Date"), together with interest from the date of this Bond on the unpaid installments, payable semi-annually on January 15 and July 15 of each year commencing on July 15, 2000 (each an "Interest Payment Date"; together with any Principal Payment Date, a "Payment Date"), at the rates per annum set forth on Schedule I attached hereto, subject to prepayment or redemption as hereinafter provided. Both principal of and interest on this Bond are payable in lawful money of the United States of America. For as long as the Virginia Public School Authority is the registered owner of this Bond, Crestar Bank, Richmond, Virginia, as bond registrar (the "Bond Registrar") shall make all payments of principal, premium, if any, and interest on this Bond, without presentation or surrender hereof, to the Virginia Public School Authority, in immediately available funds at or S -~ before 11:00 a.m. on the applicable Payment Date or date fixed for prepayment or redemption. If a Payment Date or date fixed for prepayment or redemption is not a business day for banks in the Commonwealth of Virginia or for the Commonwealth of Virginia, then the payment of principal, premium, if any, or interest on this Bond shall be made in immediately available funds at or before 11:00 a.m. on the business day next preceding the scheduled Payment Date or date fixed for prepayment or redemption. Upon receipt by the registered owner of this Bond of said payments of principal, premium, if any, and interest, written acknowledgment of the receipt thereof shall be given promptly to the Bond Registrar, and the County shall be fully discharged of its obligation on this Bond to the extent of the payment so made. Upon final payment, this Bond shall be surrendered to the Bond Registrar for cancellation. The full faith and credit of the County are irrevocably pledged for the payment of the principal of and the premium, if any, and interest on this Bond. The resolution adopted by the Board of Supervisors authorizing the issuance of the Bonds provides, and Section 15.2-2624 of the Code of Virginia of 1950, as amended, requires, that there shall be levied and collected an annual tax upon all taxable property in the County subject to local taxation sufficient to provide for the payment of the principal, premium, if any, and interest on this Bond as the same shall become due which tax shall be without limitation as to rate or amount and shall be in addition to all other taxes authorized to be levied in the County to the extent other funds of the County are not lawfully available and appropriated for such purpose. This Bond is duly authorized and issued in compliance with and pursuant to the Constitution and laws of the Commonwealth of Virginia, including the Public Finance Act of 1991, Chapter 26, Title 15.2, Code of Virginia of 1950, as amended, and resolutions duly -2- -~ _ / adopted by the Board of Supervisors of the County and the School Board of the County to provide funds for capital projects for school purposes. This Bond may be exchanged without cost, on twenty (20) days written notice from the Virginia Public School Authority at the office of the Bond Registrar on one or more occasions for one or more temporary bonds or definitive bonds in marketable form and, in any case, in fully registered form, in denominations of $5,000 and whole multiples thereof, and having an equal aggregate principal amount, having principal installments or maturities of and the interest rates on the installments of principal of this Bond then unpaid. This Bond is registered in the name of the Virginia Public School Authority on the books of the County kept by the Bond Registrar, and the transfer of this Bond may be effected by the registered owner of this Bond only upon due execution of an assignment by such registered owner. Upon receipt of such assignment and the surrender of this Bond, the Bond Registrar shall exchange this Bond for definitive Bonds as hereinabove provided, such definitive Bonds to be registered on such registration books in the name of the assignee or assignees named in such assignment. The principal installments of this Bond coming due on or before July 15, 2010, and the definitive Bonds for which this Bond may be exchanged that mature on or before July 15, 2010, are not subject to prepayment or redemption prior to their stated maturities. The principal installments of this Bond coming due after July 15, 2010, and the definitive Bonds for which this Bond may be exchanged that mature after July 15, 2010, are subject to prepayment or redemption at the option of the County prior to their stated maturities in whole or in part, on any date on or after July 15, 2010, upon payment of the prepayment or redemption prices (expressed as percentages of principal installments to be prepaid or the -3- ~' -1 principal amount of the Bonds to be redeemed) set forth below plus accrued interest to the date set for prepayment or redemption: Dates Prices July 15, 2010 to July 14, 2011, inclusive ........................................ 102% July 15, 2011 to July 14, 2012, inclusive ........................................ 101 July 15, 2012 and thereafter ........................................................ 100; Provided, however, that the Bonds shall not be subject to prepayment or redemption prior to their stated maturities as described above without the prior written consent of the registered owner of the Bonds. Notice of any such prepayment or redemption shall be given by the Bond Registrar to the registered owner by registered mail not more than ninety (90) and not less than sixty (60) days before the date fixed for prepayment or redemption. All acts, conditions and things required by the Constitution and laws of the Commonwealth of Virginia to happen, exist or be performed precedent to and in the issuance of this Bond have happened, exist and have been performed in due time, form and manner as so required, and this Bond, together with all other indebtedness of the County, is within every debt and other limit prescribed by the Constitution and laws of the Commonwealth of Virginia. -4- ~- / IN WITNESS WHEREOF, the Board of Supervisors of the County of Roanoke, Virginia, has caused this Bond to be issued in the name of the County of Roanoke, Virginia, to be signed by its Chairman or Vice-Chairman, its seal to be affixed hereto and attested by the signature of its Clerk or any of its Deputy Clerks, and this Bond to be dated 1999. (SEAL) ATTEST: Clerk, Board of Supervisors of the County of Roanoke, Virginia COUNTY OF ROANOKE, VIRGINIA By Chairman, Board of Supervisors of the County of Roanoke, Virginia -5- S-~ ASSIGNMENT FOR VALUE RECEIVED, the undersigned sells, assigns and transfers unto (PLEASE PRINT OR TYPEWRITE NAME AND ADDRESS, INCLUDING ZIP CODE, OF ASSIGNEE) PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF ASSIGNEE: the within Bond and irrevocably constitutes and appoints attorney to exchange said Bond for definitive bonds in lieu of which this Bond is issued and to register the transfer of such definitive bonds on the books kept for registration thereof, with full power of substitution in the premises. Dated: Signature Guaranteed: (NOTICE: Signature(s) must be guaranteed by an "eligible guarantor institution" meeting the requirements of the Bond Registrar which requirements will include membership or participation in STAMP or such other "signature guarantee program" as may be determined by the Bond Registrar in addition to, or in substitution for, STAMP, all in accordance with the Securities and Exchange Act of 1934, as amended.) Registered Owner (NOTICE: The signature above must correspond with the name of the Registered Owner as it appears on the front of this Bond in every particular, without alteration or change.) T- / AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, SEPTEMBER 28, 1999 ORDINANCE 092899-12 TO CHANGE THE ZONING CLASSIFICATION OF APPROXIMATELY 33 ACRES OF REAL ESTATE LOCATED ADJACENT TO MERRIMAN ROAD NEAR THE BLUE RIDGE PARKWAY (TAX MAP NO. 97.03-2-2) IN THE CAVE SPRING MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF AR TO THE ZONING CLASSIFICATION OF R-1 WITH CONDITIONS UPON THE APPLICATION OF DON BANDY WHEREAS, the first reading of this ordinance was held on August 24,1999, and the second reading and public hearing were held September 28, 1999; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on September 7, 1999; and WHEREAS, legal notice and advertisement has been provided as required bylaw. 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 approximately 33 acres, as described herein, and located adjacent to Merriman Road near the Blue Ridge Parkway (Tax Map Number 97.03-2-2) in the Cave Spring Magisterial District, is hereby changed from the zoning classification of AR, Agriculture/Residential District, to the zoning classification of R-1, Low Density Residential District. 2. That this action is taken upon the application of Don Bandy. 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: (a) That the property will be developed for asingle-family residential L~ subdivision in substantial conformity with the development plan prepared by Lumsden Associates under date of July 13, 1999. (b) That the architectural design guidelines for Lots 20 through Lots 25, Merriman Manor, attached hereto as Exhibit A, shall be incorporated for Lots 20 through 25. (See attachment) 4. That said real estate is more fully described as follows: BEGINNING at an iron on the westerly side of Va. Sec. Rt. 613 corner to Mae Hunley property (DB 727, page 292); thence with the westerly side of Rt. 613 along the arc of a circle to the left whose radius is 1422.24 feet and whose chord is S 24 ° 03' 33" W 245.37 feet, to an arc distance of 245.67 feet to a point; thence S 19 ° 06' 45" W 370.56 feet to a point on the westerly side of existing Rt. 613; thence with the line of the same S 49 ° 05' W 105.28 feet to a point; thence S 36 ° 00' W 115.73 feet to an iron; thence leaving Rt. 613 and with the northerly line of R. P. Shepherd property S 56 ° 17' 36" W 378.93 feet to an old pin; thence with the line of the Stanley property N 60 ° 30' 24" W 897.16 feet to an old pipe on line of Beasley property; thence with the line of Beasley property N 56 ° 01' E 217.60 feet to a point by a corner post; thence N 36 ° 17' W 435.09 feet to a pin set; thence still with the line of Beasley property, N 53 ° 43' E 786.43 feet to a pin set by a corner post; thence with the southerly line of J. J. Wilkerson property S 81 ° 07' 30" E 506.50 feet to a point; thence S 48 ° 58' 40" E 540.87 feet to the BEGINNING and containing 32.35 acres and being shown on map made by T. P. Parker & Son, E&S, dated 5/31 /74. 5. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed to amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. On motion of Supervisor Minnix to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Minnix, Harrison, Nickens, Johnson NAYS: None ABSENT: Supervisor McNamara A COPY TESTE: .~ Mary H. Allen, CMC/AAE Clerk to the Board cc: File Arnold Covey, Director, Community Development Terry Harrington, County Planner John W. Birckhead, Director, Real Estate Assessment Paul M. Mahoney, County Attorney .+ T- PETITIONER: DON BANDY CASE NUMBER: 35-9/99 Planning Commission Hearing Date: Board of Supervisors Hearing Date: September 7, 1999 September 28, 1999 A. REQUEST Petition of Don Bandy to rezone approximately 33 acres from AR to R-1 to construct a single family subdivision, located adjacent to Merriman Road near the Blue Ridge Parkway, Cave Spring Magisterial District. B. CITIZEN COMMENTS None. C. SUMMARY OF COMMISSION DISCUSSION Mr. Witt asked about the proposed street connection to the future sections of the Wilshire development. Mr. Witt also commented that he was pleased to see the street extension to Wilshire, which would reduce future traffic demand on Cotton Hill Road. Mr. Ross commented that the number of lots on the proffered site plan is less than could be developed by right in the AR district. D. PROFFERED CONDITIONS 1. That the property will be developed for asingle-family residential subdivision in substantial conformity with the development plan prepared by Lumsden Associates under date of July 13, 1999. 2. That the architectural design guidelines for Lots 20 through Lots 25, Merriman Manor, attached hereto as Exhibit A, shall be incorporated for Lots 20 through 25. (see attachment) E. COMMISSION ACTION(S) Mr. Witt moved to recommend approval of the petition with the proffered conditions. The motion carried with the following roll call vote: AYES: Robinson, Ross, Thomason, Witt, Hooker NAYS: None ABSENT: None F. DISSENTING PERSPECTIVE None. G. ATTACHMENTS: _ Concept Plan _ Vicinity Map _ Staff Report ther Terrance Harri ton, cretary Roanoke Co ty Planning Commission . ~. JUL-08-1999 10 58 RKE CTY-COM DEU 5407722108 P.01/01 ~ ~ Is the application complete? Please check if enclosed. APPLICATION WILL rvOT BE ACCEPTED IF ANY OF THESE ITEMS ARE MISSING OR INCOMPLETE. ws v ws v ~' v X Consultation 3 1 /2" x 7 1 "concept plan X Application fee X Application X ti1etes and bounds description X ' : Proffers, if applicable X Justification ~'' Water and sewer application X Adjoining property owners J hereby certify that l am er'ther the owner of the property or the owner's agent or contract purchaser and am acting with the knowledge and co r of the caner. Owner's Signature: TOTAL P.01 •- F~~ S[at,` Use Only: Case Number :;: t ::;:::::~: .ai~~~. i7 f7 y..:~..~ ~~ . '~•~.'~~ :~~ :.D .:~'~. ~ ~2`~.~~~t~G:~.7~:5~~~f~ ....:...........:....................:.:.:.:.: :::::::~r'~1~.~~~~47~1~~`...~ ...~.~'..:t .........................:.:.:.:.:.:.:.:.....:..............:.:......................:.:.:.:.:.:.......... Applicant lion r' The Planning Commission will study rezoning and special use permit requests to determine the need and justification for the change in terms of public health, safety, and general welfare. Please answer the fo±lo~.ving questions as thoroughly as possible. Use additional space if necessary. Please explain how the request furthers the purposas of the Zoning Ordinance {Section 30-3) as well as the purpose found at the beginning of the applicable zoning district classification in the zoning ordinance. The rezoning request will allow the property to be developed for asingle-family residential subdivision in accordance with the Roanoke County Subdivision Ordinance. This method of development is deemed to~be preferable to development allowed under the existing zoning regulations. I Please explain hove the project conforms to the General guidelines and policies contained in the Roanoke County Comprehensive Plan. The development of the property as a residential subdivision will comply with the terms of the Roanoke County Zoning Ordinance and Subdivision Ordinance insofar as single- family residential development is concerned. The use of the property in this fashion will better serve the County. Please describe the impact(s) of the request on the property itself, the adjoining properties, and the surrounding area, as well as the impacts on public services and facilities, including water/sewer, roads, schools, parks/recreation, and fire/rescue. The development of the property will assist in the provision of utilities to the portion of the County in which the property is located and will further provide a potential second access to a recently zoned parcel of land. l= / ROANOKE COUNTY Don bandy DEPARTMENT OF Rezoning AR to R-> COMMUNITY DEVELOPMENT 97.03-2-2 d s ~ ~ ~~ ... ' ~~ ti x, ~~~~~. ~ yi •~ ~ ~~~ ~~\v ~' ij ~.. r 1~ ~Z: in ~~a ~n `= p ~ w0 '~ IN ! K ~ ~ y ~ I a i ?-U~~ .. ~~ ~ y r cn ~ ~~ p ~ `"( ~~ Ln~ I '" 1,. .~ ..~ _ ..i ~r ~-- Y l ., ~,e ' ,;, ;- -. ~' -. b, : ;, ~~ ~ ---~~ ~ ~ . ~_: ~L . #' "~ ~ G~y~ - . r '~ ~> ~~ ~~~ _ ~-~_ ~. ;x, J/J// I 4 ~ ' ~ h / l5 ~p4F 'C {~ - ~ cl ~ I ~ ^ ~, x~ml~~ \ h;~~a2 j,._ ~ ~ F. 4 ~~~ ~ ~ ~~ ~ r y.2 k .«'.:. ~P ~ ~ t~. pfa~ ~ ~~ ;~ ,.°:"" ~ . -. '.~_ g ~~ a ~ ,~ _~:~ ~ ~ SEP-03-1999 11 13 ~STERHOutT FERGusON NATtO 15407740961 P.03i05 T-1 MER~UMAN MANOR ARCHITECTURAL DESIGN GUIDELINES September 3, 1999 The following architectural guidelines are proffered for Lot 20-25, Meriman Manor: House Building Materials of Exterior Walls A. t~cceptable Materials 1. Hoard and batten wood siding (stained) 2. Board onboard wood siding (stained) 3. Clapboard wood siding (stained) 4. Tongue and Groove vertical wood siding (stained) 5 , Shiplap vertical wood siding (stained) 6. Wood shingles (natural or stained) 7. Log structures (grayish-brown, medium gray g. Synthetic or simulated composite building products, such as hard board, vinyl siding, etc., that approximate the wood patterns described above, 9. Color for the materials listed above shall be medium gray, dark gray, grayish brown, dark gray-brown, grayish-buff, buff dark brown and soft muted earth colored. 10. Gray brick with gray mortar. 11. Brick that is grayish brown, gray, reddish-brown and other dark or grayish earth colors. All of these shall have buff' or gray mortars. 12. Stone that is native to the area. 13. White windows with buff-gray or earth color trim. H, Unacceptable Materials 1. Brick that is bright red, orangish-red, light red or white. 2. Metal siding that. is exposed, galvanized, aluminum or other shiny metal materials. 3. Siding that is white, whitish-gray, pink, bright silver, red or bright green blue. 4. Tile-faced or ceramic-faced masonry units. 5. Varrushed, epoxy-finished or otherwise shiny or orangish log structures. 6. White mortar. 7 White trim on windows and doors. II. Roof Materials A. Acceptable Roofing Material Wood shakes that are allowed to weather naturally. SEP-83-1999 11 13 ~STERHOutT FERGusON NATte 15407740961 P.04i05 f 2. Treated wood shingles or shakes which have natural gray, grayish-green or brownish-green color. 3. Standing seam cooper roofs that are allowed to weather naturally . 4. Fiberglass or asphalt shingles with texture. The colors of these shingles shall be medium to dark. gray, charcoal, grayish-brown, grayish-buff or dark brown. Generally, soft earth tone colors that are of medium to dark value. 5. State or simulated slate of medium gray or charcoal color. 6. Textured concrete shingles in gray or buff-gray color. 7. Standing seam metal roofs which are medium gray, dark gray, grayish- brown, black, charcoal-gray, dark grayish-brown dark greenish-black or very dark green. Generally, colors that are soft earth tone and that are of medium to dark value. Low reflectivity, 8. Roof vents, metal chimneys, metal chimney caps, plumbing vents shall match the color of the roof or would be black, dark gray, or bronze in color. 9. Skylights shall have black, bronze or gray trim. B. Unacceptable Roofing Materials 1. Shiny metal roofs. Z. Shiny metal, exposed aluminum or exposed galvanized metal roofs. 3, Metal roofs of the following colors: white, light gray, light tan, pink, red, maroon, light blue, medium blue, dark blue, bright green, medium gray, orange, brownish-orange, etc. Metal roofs that attract attention by their color, contrast, brightness and reflectivity. 4, Ceramic or synthetic ceramic roofing tiles. 5. Metal shingles or stamped metal decorate roofing panels. 6. Flat roofs. 7. Plastic, vinyl or other high visibility synthetic roofs. 8. Shiny metal roof vents, fireplace stacks, plumbing vents or other pipes. III. Building Mass and Shave A. Flat roofs shall not be used. B. Gable roofs and hip roofs shall be used. C. Chimneys can be used but not required. D. Porches on homes can be used. E. Roofs shall have a minimum pitch of 6/12 on the main structure. F, Roofs on the main structure of a residence shall have at least a six inch overhang. G, Gambrel roofs cannot be used. >-1. Single plane pitched roofs for houses shall not be used on the main house but can be on wings. I. Steep gable roofs like the "Swiss Chalet" shall not be used (pitches in excess of 12/l4). SEP-03-1999 11 13 ~STERHOutT FERGusON NATtO 15407740961 P.05i05 /--1 IV. Building Details A. Awnings shall be medium to dark earth color. White, stripped patterns, and colors that attract attention shall not be used. B. Outbuildings, storage sheds, garages and other secondary structures must match the color, te~-ture and material of the main house. V. Miscellaneous A. Recreational vehicles (RV's) and boats on trailers shall not be stored in any area visible from the parkway. B. No satellite dishes, TV antennas or external antennas of any kind shall be visible from the Blue Ridge Parkway motor road. C. A 40' wide tree preservation easement shall be created adjacent to the rear property line of Lots 20 thru 24 restricting the cutting of healthy trees over 6 inch in diameter. D. Windows facing and visible from the Blue Ridge Parkway motor road shall be of non-reflective, no glare materials. TOTAL P. 05 -% 1 STAFF REPORT PETITIONER: Don Bandy CASE NUMBER: 35-9/99 A. EXECUTIVE SUMMARY PREPARED BY: DATE: PART I David Holladay 9/7/99 This is a conditional request to rezone 32.35 acres from AR, Agricultural Residential, to Rl, Low Density Residential. A forty-five lot subdivision, served by public water and sanitary sewer is proposed. The site lies within the Development future land use designation in the Roanoke County Community Plan. The proposal is consistent with the policies and guidelines of the Community Plan. The petitioner has proffered conformance with a concept plan dated July 13, 1999, and plans to proffer architectural guidelines for homes which could possibly be visible from the Blue Ridge Parkway. B. DESCRIPTION Don Bandy proposes to rezone 32.35 acres from AR, Agricultural Residential District, to Rl, Low Density Residential District, with conditions. A forty-five lot subdivision, served by public . water and sanitary sewer is proposed. Extension of public water and sanitary sewer will require a right-of--way permit from the National Park Service for utility easements under the Blue Ridge Parkway. The petitioner has proffered conformance with a concept plan dated July 13, 1999, and plans to proffer architectural guidelines for homes which could possibly be visible from the Blue Ridge Parkway. The property is located in the 6900 block of Merriman Road, in the Cave Spring Magisterial District. C. APPLICABLE REGULATIONS The minimum lot requirements * in the AR and R1 zoning districts area as follows: AR Rl lot area 25,000 square feet 7,200 square feet street frontage 90 feet 60 feet *for lots served by both public water and sanitary sewer, as proposed by the petitioner Site development review is required Virginia Department of Transportation (VDOT) approval is required for the proposed new street. VDOT approval is also required for attaching public water and sanitary sewer lines to the side of the Merriman Road bridge over Back Creek. -~ National Park Service (NPS) right-of--way permit is required for the public water and sanitary sewer easements across the Blue Ridge Parkway. PART II A. ANALYSIS OF EXISTING CONDITIONS Background/ Interaction with Blue Ride Parkway staff - On June 24, 1999, the petitioner, his engineer and attorney, county staff, and NPS staff met to discuss the project. The discussion focused on both the potential environmental effects of new water and sewer lines crossing the Blue Ridge Parkway, and also how visible the proposed subdivision might be from the parkway. The engineers described how they intended to apply for the right-of--way permit. Water and sewer lines would be extended along the northern side of the existing Merriman Road bridge over Back Creek. The lines would then be constructed along the western shoulder of Merriman Road, through the parkway property. In addition to the discussion of proposed utilities, the engineers conducted a balloon test in the vicinity of the proposed cul-de-sac for lots 19-29, to simulate the possible roof lines of the proposed houses. The 40-foot-high balloon was not visible from the parkway. On July 6, 1999, in a letter to Roanoke County, M. Gary Everhardt, Superintendent of the Blue Ridge Parkway outlined the NPS preliminary findings of the field review, and subsequent analysis of the proposal. In his letter, Mr. Everhardt responded that the water and sewer project is "categorically excluded from further compliance"; meaning than no environmental assessment or environmental impact statement would be necessary. All of the necessary review would be conducted as part of a right of way permit, which the petitioner will file. Regarding the potential visual effects of the subdivision, Mr. Everhardt stated that the NPS did not feel that any of the houses would be visible from the parkway, but did ask that design guidelines be established for the houses closest to the parkway boundary. In response, the petitioner's engineer, Mr. Mike Webb, Lumsden Associates, offered a set of architectural guidelines for houses on lots 20-25. The design guidelines were modeled after the Wolf Creek guidelines. The NPS staff concurred that the design guidelines would adequately protect the view from the parkway, in the event that some portion of the houses are visible from the roadway. NPS staff suggested one additional guideline that windows facing and visible from the parkway shall be ofnon-reflective, non-glare materials. TopographX/Ve etg ation -The property slopes up to the west from Merriman Road. Initially, the slope rises at a 35% - 40% grade. The slope decreases to 20% or less in the higher portions of the property. A small creek runs through the middle of the property, from west to east, down toward Back Creek. Vegetation consists mainly of a mix of young and mature deciduous trees, with some evergreen stands. Along the north and northeast boundary, storm damaged Virginia Pines have created a significant deadfall area. • 2 ~=~ Surrounding Neighborhood -Merriman Road and Back Creek lie to the east. Adjoining properties to the north, east, and south are zoned AR, and contain a few single family homes. Adjoining property to the west is zoned PRD, Planned Residential Development, and is the future southeastern sections of Wilshire. The Blue Ridge Parkway boundary lies approximately 300 - 400 feet to the north of the site, beyond several single family homes. B. ANALYSIS OF PROPOSED DEVELOPMENT Site Layout/Architecture -The petitioner has proffered substantial conformance with the concept plan dated July 13, 1999. The plan shows a 45 lot subdivision. A proposed new entrance road climbs up the slope from Memman Road, to access lots in the higher terrain. Adjacent to the entrance road, the concept plan depicts two large lots and one smaller lot which are not assigned lot numbers. These lots would not be developed as home sites, and would become property of a homeowners' association. These areas would be altered by the grading necessary to construct the entrance road. Estimated grading contours are depicted on the drawing "A Preliminary Subdivision Plan" by Lumsden Associates, October 1988. The scale of the cut and fill slopes could be similar to those constructed for the entrance roads to other new subdivisions in Roanoke County such as Summerplace on Starkey Road, and Longridge on Sugarloaf Mountain Road. The major difference in those developments and this petition is that Mr. Bandy does not intend to subdivide the 2:1 cut and fill slopes and attempt to place homes there. A stormwater management area has not been identified on the concept plan. This will need to be addressed during site development review. The petitioner's engineer has indicated that the detention site could be up the slope from the entrance road, in the existing drainage/ creekbed, or across Merriman Road, on property owned by the petitioner. As a result of discussions with the Blue Ridge Parkway staff, the petitioner has written architectural guidelines for lots 20-25, which are the closest to the parkway boundary. A copy of the proposed guidelines are attached to this report. The guidelines are modeled after those in the Wolf Creek PRD. The Blue Ridge Parkway staff have reviewed the proposed guidelines, and found them comprehensive and applicable. They suggested one additional statement about non- glare glazing on windows facing the parkway. The proposed guidelines follow an established precedent and could serve as a positive example for future similar requests within Blue Ridge Parkway viewsheds. At the time this report was prepared, a signed proffer statement addressing the proposed architectural guidelines has not been submitted. But the petitioner plans to submit a written proffer of the guidelines. Access/Traffic Circulation -From the new entrance on Merriman Road, the new access road would intersect with three new cul-de-sacs. The new road would also extend to the northwest property line, to connect to the Wilshire PRD. This design aligns with the concept plan for Wilshire, which showed a "possible future connection" road at this location. Having a second access point would benefit the Wilshire development and ease future traffic on Cotton Hill Road. County engineering staff have commented that the petitioner's road would need to be designed to handle some future traffic from Wilshire, as well as the Bandy development. Having an alternate entrance could possibly initiate development of some phases of the southeast sections of Wilshire 3 earlier than originally anticipated. The petitioner's subdivision would generate approximately 450 vehicle trips per day. Traffic counts for Merriman Road are as follows: From To Average daily traffic Year Rt. 688, Cotton Hill Road Rt. 683, Sparks Rd. 1900 1997 Rt. 683, Sparks Rd Rt. 615, Starlight Ln. 2000 1997 Rt. 615, Starlight Ln. Rt. 904, Starkey Rd 2700 1997 Fire & Rescue/LJtilities -The Fire and Rescue department anticipates no negative impacts. New county utility service includes a 12-inch water main and a 6-inch sanitary sewer force main. As mentioned above, these services would be attached to the existing VDOT bridge over Back Creek, and run along the shoulder of Merriman Road and under the Blue Ridge Parkway. C. CONFORMANCE WITH COUNTY COMPREHENSIVE PLAN The Back Creek Community Planning Area, Future Land Use Map depicts the site as Development. The proposed subdivision is consistent with the policies and guidelines of the development designation. The development designation describes "a future land use area where most new neighborhood development will occur". Conventional development of single family lots are encouraged land use types. The Back Creek Community Planning Area, Future Land Use Map also delineates a Blue Ridge Parkway viewshed over the northeast corner of the property. The Conservation land use designation, which describes future land use areas of particular environmental sensitivity, is assigned to all of the Blue Ridge Parkway lands, and refers specifically to views from the parkway. The proposed architectural guidelines are designed to protect the views from the Blue Ridge Parkway, which is consistent with the Community Plan. D. CONFORMANCE WITH COUNTY DEVELOPMENT STANDARDS r-- -/ As proposed on the concept plan, the development appears to have ample space to be designed in conformance with county development standards. County engineering staff have commented that the proposed new street will need to be designed to serve the some traffic from Wilshire, in addition to the new subdivision. Stormwater management will need to be addressed during site plan review. • 4 ~/ PART III A. STAFF CONCLUSIONS The site lies within the Development future land use designation in the Roanoke County Community Plan. The proposal is consistent with the policies and guidelines of the Community Plan. The petitioner has proffered conformance with a concept plan dated July 13, 1999, and plans to proffer architectural guidelines for homes which could possibly be visible from the Blue Ridge Parkway. The proposed guidelines are modeled after those in the Wolf Creek PRD. The guidelines follow an established precedent and could serve as a positive example for future similar requests within Blue Ridge Parkway viewsheds. Grading necessary to construct the entrance road will result in significant cut and fill slopes. Rather than develop the steep cut and fill slopes for homes, the petitioner proposes to dedicate the areas, shown as three separate parcels on the concept plan, to a homeowners' association. The Planning Commission may wish to discuss, with the petitioner, plans to revegetate these slopes, as well as confirm ownership and future maintenance of the homeowners' association parcels. Under the current AR zoning, the petitioner has a right to develop 25,000 square foot lots, served by public water and sewer, which is a density of 1.74 units per acre. The proposed subdivision of 45 lots on 32.35 acres is a density of 1.4 units per acre. The density of a typical R1 subdivision, in which the entire tract were subdivided into lots, could be up to 6 units per acre. • • T- MERRIMAN MANOR ARCHITECTURAL DESIGN GUIDELINES Y~ The following architectural guidelines are proferred for Lot 20-25, Meriman Manor: I. House Building Materials of Exterior Walls A. Acceptable Materials C, 1. Board and batten wood siding (stained) 2. Board onboard wood siding (stained) 3. Clapboard wood siding (stained) 4. Tongue and Groove vertical wood siding (stained) 5. Shiplap vertical wood siding (stained) 6. Wood shingles (natural or stained) 7. Log structures (grayish-brown, medium gray 8. Synthetic or simulated composite building products, such as hard board, vinyl siding, etc., that approximate the wood patterns described above. 9. Color for the materials listed above shall be medium gray, dark gray, grayish brown, dark gray-brown, grayish-buff, buff dark brown and soft muted earth colored. 10. Gray brick with gray mortar. 11. Brick that is grayish brown, gray, reddish-brown and other dark or grayish earth colors. All of these shall have buff or gray mortars. 12. Stone that is native to the area. 13. White windows with buff-gray or earth color trim. B. Unacceptable Materials 1. Brick that is bright red, orangish-red, light red or white. 2. Metal siding that is exposed, galvanized, aluminum or other shiny metal materials. 3. Siding that is white, whitish-gray, pink, bright silver, red or bright green blue. 4. Tile-faced or ceramic-faced masonry units. 5. Varnished, epoxy-finished or otherwise shiny or orangish log structures. 6. White mortar. 7. White trim on windows and doors. II. Roof Materials A. Acceptable Roofing Material 1. Wood shakes that are allowed to weather naturally. ~~ 2. Treated wood shingles or shakes which have natural gray, grayish-green or brownish-green color. 3. Standing seam cooper roofs that are allowed to weather naturally . 4. Fiberglass or asphalt shingles with texture. The colors of these shingles shall be medium to dark gray, charcoal, grayish-brown, grayish-buff or dark brown. Generally, soft earth tone colors that are of medium to dark value. 5. Slate or simulated slate of medium gray or charcoal color. 6. Textured concrete shingles in gray or buff-gray color. 7. Standing seam metal roofs which are medium gray, dark gray, grayish- brown, black, charcoal-gray, dark grayish-brown dark greenish-black or very dark green. Generally, colors that are soft earth tone and that are of medium to dark value. Low reflectivity. 8. Roof vents, metal chimneys, metal chimney caps, plumbing vents shall match the color of the roof or would be black, dark gray, or bronze in color. 9. Skylights shall have black, bronze or gray trim. B. Unacceptable Roofing Materials 1. Shiny metal roofs. 2. Shiny metal, exposed aluminum or exposed galvanized metal roofs. 3. Metal roofs of the following colors: white, light gray, light tan, pink, red, maroon, light blue, medium blue, dark blue, bright green, medium gray, orange, brownish-orange, etc. Metal roofs that attract attention by their color, contrast, brightness and reflectivity. 4. Ceramic or synthetic ceramic roofing tiles. 5. Metal shingles or stamped metal decorate roofing panels. 6. Flat roofs. 7. Plastic, vinyl or other high visibility synthetic roofs. 8. Shiny metal roof vents, fireplace stacks, plumbing vents or other pipes. III. Building_Mass and Shave A. Flat roofs shall not be used. B. Gable roofs and hip roofs shall be used. C. Chimneys can be used but not required. D. Porches on homes can be used. E. Roofs shall have a minimum pitch of 6/12 on the main structure. F. Roofs on the main structure of a residence shall have at least a six inch overhang. G. Gambrel roofs cannot be used. H. Single plane pitched roofs for houses shall not be used on the main house but can be on wings. I. Steep gable roofs like the "Swiss Chalet" shall not be used (pitches in excess of 12/14). ~-1 IV. Building Details A. Awnings shall be medium to dark earn'color. White, stripped patterns, and colors that attract attention shall not be used. B. Outbuildings, storage sheds, garages and other secondary structures must match the color, texture and material of the main house. V. Miscellaneous A. Recreational vehicles (RV's) and boats on trailers shall not be stored in any area visible from the parkway. B. No satellite dishes, TV antennas or external antennas of any kind shall be visible from the Blue Ridge Parkway road. C. A 40' wide tree preservation easement shall ~~ creaked adjacent to tiie rear property line of Lots 20 thru 24 restricting the cutting o~f 11ealth~ treks over 6 inch in diameter. • T- ~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, SEPTEMBER 28, 1999 ORDINANCE TO CHANGE THE ZONING CLASSIFICATION OF APPROXIMATELY 33 ACRES OF REAL ESTATE LOCATED ADJACENT TO MERRIMAN ROAD NEAR THE BLUE RIDGE PARKWAY (TAX MAP N0.97.03-2-2) IN THE CAVE SPRING MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF AR TO THE ZONING CLASSIFICATION OF R-1 WITH CONDITIONS UPON THE APPLICATION OF DON BANDY WHEREAS, the first reading of this ordinance was held on August 24, 1999, and the second reading and public hearing were held September 28, 1999; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on September 7, 1999; 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 approximately 33 acres, as described herein, and located adjacent to Merriman Road near the Blue Ridge Parkway (Tax Map Number 97.03-2-2) in the Cave Spring Magisterial District, is hereby changed from the zoning classification of AR, Agriculture/Residential District, to the zoning classification of R-1, Low Density Residential District. 2. That this action is taken upon the application of Don Bandy. 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: (a) That the properly will be developed for asingle-family residential subdivision in substantial conformity with the development plan prepared by Lumsden Associates under date of July 13, 1999. (b) That the architectural design guidelines for Lots 20 through Lots 25, U:\WPDOCS\AGENDA\ZONING\BANDY.RZN i l Merriman Manor, attached hereto as Exhibit A, shall be incorporated for Lots 20 through 25. (See attachment) 4. That said real estate is more fully described as follows: BEGINNING at an iron on the westerly side of Va. Sec. Rt. 613 corner to Mae Hunley property (DB 727, page 292); thence with the westerly side of Rt. 613 along the arc of a circle to the left whose radius is 1422.24 feet and whose chord is S 24 ° 03' 33" W 245.37 feet, to an arc distance of 245.67 feet to a point; thence S 19 ° 06' 45" W 370.56 feet to a point on the westerly side of existing Rt. 613; thence with the line of the same S 49 ° 05' W 105.28 feet to a point; thence S 36 ° 00' W 115.73 feet to an iron; thence leaving Rt. 613 and with the northerly line of R. P. Shepherd property S 56 ° 17' 36" W 378.93 feet to an old pin; thence with the line of the Stanley property N 60 ° 30' 24" W 897.16 feet to an old pipe on line of Beasley property; thence with the line of Beasley property N 56 ° 01' E 217.60 feet to a point by a corner post; thence N 36 ° 17' W 435.09 feet to a pin set; thence still with the line of Beasley property, N 53 ° 43' E 786.43 feet to a pin set by a corner post; ° ~ ~~ thence with the southerly line of J. J. Wilkerson property S 81 07 30 E 506.50 feet to a point; thence S 48 ° 58' 40" E 540.87 feet to the BEGINNING and containing 32.35 acres and being shown on map made by T. P. Parker & Son, E&S, dated 5/31/74. 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:\WPDOCS\AGENDA\ZONZNG\BANDY.RZN / ~ l MERRIMAN MANOR ARCHITECTLTR.AL DESIGN GUIDELINES The following architectural guidelines are proferred for Lot 20-25, Meriman Manor: I. House Building Materials of Exterior Walls A. B Acceptable Materials EXHIBIT A 1. Board and batten wood siding {stained) 2. Board onboard wood siding (stained) 3. Clapboard wood siding (stained) 4. Tongue and Groove vertical wood siding (stained} 5. Shiplap vertical wood siding (stained) 6. Wood shingles (natural or stained) 7. Log structures (grayish-brown, medium gray 8. Synthetic or simulated composite building products, such as hard board, vinyl siding, etc., that approximate the wood patterns described above. 9. Color for the materials listed above shall be medium gray, dark gray, grayish brown, dark gray-brown, grayish-buff, buff dark brown and soft muted earth colored. 10. Gray brick with gray mortar. 11. Brick that is grayish brown, gray, reddish-brown and other dark or grayish earth colors. All of these shall have buff or gray mortars. 12. Stone that is native to the area. 13. White windows with buff-gray or earth color trim. Unacceptable Materials 1. Brick that is bright red, orangish-red, light red or white. 2. Metal siding that is exposed, galvanized, aluminum or other shiny metal materials. 3. Siding that is white, whitish-gray, pink, bright silver, red or bright green blue. 4. Tile-faced or ceramic-faced masonry units. 5. Varnished, epoxy-finished or otherwise shiny or orangish log structures. 6. White mortar. 7. White trim on windows and doors. II. Roof Materials A. Acceptable Roofing Material 1. Wood shakes that are allowed to weather naturally. ~= ~ 2. Treated wood shingles or shakes which have natural gray, grayish-green or brownish-green color. 3. Standing seam cooper roofs th~~ are allowed to weather naturally . 4. Fiberglass or asphalt shingles with texture. The colors of these shingles shall be medium to dark gray, charcoal, grayish-brown, grayish-buff or dark brown. Generally, so$ earth tone colors that are of medium to dark value. 5. Slate or simulated slate of medium gray or charcoal color. 6. Textured concrete shingles in gray or buff-gray color. 7. Standing seam metal roofs which are medium gray, dark gray, grayish- brown, black, charcoal-gray, dark grayish-brown dark greenish-black or very dark green. Generally, colors that are soft earth tone and that are of medium to dark value. Low reflectivity. 8. Roof vents, metal chimneys; metal chimney caps, plumbing vents shall match the color of the roof or would be black, dark gray, or bronze in color. 9. Skylights shall have black, bronze or gray trim. B. Unacceptable Roofing Materials 1. Shiny metal roofs. 2. Shiny metal, exposed aluminum or exposed galvanized metal roofs. 3. Metal roofs of the following colors: white, light gray, light tan, pink, red, maroon, light blue, medium blue, dark blue, bright green, medium gray, orange, brownish-orange, etc. Metal roofs that attract attention by their color, contrast, brightness and reflectivity. 4. Ceramic or synthetic ceramic roofing tiles. 5. Metal shingles or stamped metal decorate roofing panels. 6. Flat roofs. 7. Plastic, vinyl or other high visibility synthetic roofs. 8. Shiny metal roof vents, fireplace stacks, plumbing vents or other pipes. III. Building.Mass and Shane A. Flat roofs shall not be used. B. Gable roofs and hip roofs shall be used. C. Chimneys can be used but not required. D. Porches on homes can be used. E. Roofs shall have a minimum pitch of 6/12 on the main structure. F. Roofs on the main structure of a residence shaIl have at least a six inch overhang. G. Gambrel roofs cannot be used. H. Single plane pitched roofs for houses shall not be used on the main house but can be on wings. I. Steep gable roofs like the "Swiss Chalet" shall not be used (pitches in excess of 12/14). T- ~ IV. Building Details A. Awnings shall be medium to dark eart~=color. White, stripped patterns, and colors that attract attention shall not be used. B. Outbuildings, storage sheds, garages and other secondary structures must match the color, texture and material of the main house. V. Miscellaneous A. Recreational vehicles (RV's) and boats on trailers shall not be stored in any area visible from the parkway. B. No satellite dishes, TV antennas or external antennas of any kind shall be visible from the Blue Ridge Parkway road. C. A 40' wide tree preservation easement shall 1a~ crewed, adjacent to tk~e rear property line of Lots 20 thru 24 restricting the cutting of healthy treks over 6 inch in diameter. f AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, SEPTEMBER 28, 1999 ORDINANCE 092899-13 TO CHANGE THE ZONING CLASS I FICATION OF A .98-ACRE TRACT OF REAL ESTATE LOCATED AT 4231 GARST MILL ROAD (TAX MAP NO. 77.05-6-17) IN THE WINDSOR HILLS MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF R-3 TO THE ZONING CLASSIFICATION OF C-1 WITH CONDITIONS UPON THE APPLICATION OF ROANOKE REBOS, INC. WHEREAS, the first reading of this ordinance was held on August 24,1999, and the second reading and public hearing were held September 28, 1999; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on September 7, 1999; and WHEREAS, legal notice and advertisement has been provided as required bylaw. 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 .98 acre, as described herein, and located at 4231 Garst Mill Road (Tax Map Number 77.05-6- 17) in the Windsor Hills Magisterial District, is hereby changed from the zoning classification of R-3, Medium Density Residential District, to the zoning classification of C- 1, Office District. 2. That this action is taken upon the application of Roanoke Rebos, Inc. 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: (a) The property shall be used only for the activities and offices of Roanoke Rebos or those accessory associations affiliated with the organization. (b) The property shall be approved for use as a civic club only. Other uses require a rezoning. (c) During construction of the new structure, removal of the existing trees shall be minimized. (d) The overall appearance of the new structure shall be residential in character. 4. That said real estate is more fully described as follows: BEGINNING at the southwesterly intersection of Halevan Road with Garst Mill Road; thence with the easterly right of way of Garst Mill Road and with a curve to the right an arc distance of 405.94 feet to the true point of BEGINNING; thence continuing with the westerly right of way line of Garst Mill Road, and with a curve to the right whose delta angle is 12 ° 05' 07" and whose radius is 1120.92 feet, and whose arc distance is 236.43 feet to a chord bearing and distance of s 16 ° 46' 20" w 235.99 feet to an iron pin; thence leaving the said Garst Mill Road, N 78 ° 26' 45" W 190.46 feet to an iron pin; thence N 15 ° 42' 23" E 200.00 feet to an iron pin; thence with a new division line through the land of A. R. Coffey & Sons, Inc. S 88 ° 39' 00" E 200.62 feet to an iron pin marking the true point of BEGINNING, and containing 0.9825 acres. 5. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed to amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. On motion of Supervisor Johnson to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Minnix, Harrison, Nickens, Johnson NAYS: None ABSENT: Supervisor McNamara A COPY TESTE: ~• Mary H. Allen, CMC/AAE Clerk to the Board cc: File Arnold Covey, Director, Community Development Terry Harrington, County Planner John W. Birckhead, Director, Real Estate Assessment Paul M. Mahoney, County Attorney i ~ ~' PETITIONER: ROANOKE REBOS INC. CASE NUMBER: 36-9/99 Planning Commission Hearing Date: September 7, 1999 Board of Supervisors Hearing Date: September 28, 1999 A. REQUEST Petition of Roanoke Rebos Inc. to rezone .98 acre from R-3 to C-1 to expand an existing clubhouse, located at 4231 Garst Mill Road, Windsor Hills Magisterial District. B. CITIZEN COMMENTS Evie Lander spoke on behalf of the Berwick Height Neighborhood Association, saying that the neighborhood has no objection if conditions are proffered. She cited three conditions that the association asked to be considered. The conditions are: use of the property, development to be in accordance with site plan and public consideration of any new use or development. C. SUMMARY OF COMMISSION DISCUSSION Mr. Witt commented that he thought the site may not have enough area to provide for the additional parking as required by the Zoning Ordinance. He stated that the applicant may have to consider scaling down the addition somewhat. D. PROFFERED CONDITIONS 1) The property shall be used only for the activities and offices of Roanoke Rebos or those accessory associations affiliated with the organization. 2) The property shall be approved for use as a civic club only. Other uses shall be minimized. 3) During construction of the new structure, removal of the existing trees shall be minimized. 4) The overall appearance of the new structure shall be residential in character. E. COMMISSION ACTION(S) Mr. Thomason moved to recommend approval of the petition with proffered conditions. The motion carried with the following roll call vote: AYES: Robinson, Ross, Thomason, Witt, Hooker NAYS: None ABSENT: None F. DISSENTING PERSPECTIVE None. G. ATTACHMENTS: XConcept Plan X Vicinity Map ,~ Staff Report ~ Other_ Terrance Harrin on, Se~fetary Roanoke Cou Planning Commission COUNTY OF ROANOK.~ DEPT. OF PLANNING AND ZONING 5204 Bernard Dr.. P.O. Box 2°800 Roanoke, VA 24018 t 540' 772-2osa Fax 1540 1 77?-? ~ o ~~. ctaff rrca nn/v T- .2 date recei~d received by: ~.- appiicati n_fee: i'CrOZ?, date: f. placards issued: 005 date:~~ .7~ Case Number: ~ Proposed Zoning: ~° l ~ For Scarf Usa Oniy Proposed Land Use: use Type: Does the parcel meet the minimum lot area, width, and frontage requirements of the requested district? YES NO 1F N0, A VAiRIA.NCE IS REQUIRED FIRST. Does the parcel meet the minimum criteria for the requested Use Type? YES NO lF N0, A VARIANCE IS REQUIRED FIRST. If rezoning request, are conditions being proffered with this request? YES NO Variance of Sections} of the Roanoke County Zoning Ordinance in ordar to: Is the application complete? Please check if enclosed. APPLICATION WILL NOT BE ACCEPTED IF ANY OF THESE ITEMS ARE MISSING OR INCOMPLE T t. Rrs v Res v RIS ~ Consultation 8 1!2" x 1 1 " concept plan Application fee V Application <?< Metes and bounds description ~ ~< Proffers, if applicable :t;%Y/ Justification »•:~~ Water and sewer application Adjoining property owners r hereby certify that l am either the owner of the propert;! or the owner's agent or contract purchaser and am acting with the knowledge and consent of the owner. r--, Owner's Signature: ~~~ r *:~'~• _ ~~ ~~ ~~~ ~C e . tev im a:~.r~~ e~0 .r G~~`` Z~... ~rc~,-~~u ~ct~.a.errc~ . S // ~ ~ ~ _ 2' C. ~=-~Cr- /Jt.c~~.. cam. ~Q cf c-c. ~ Gt C:cx.~.~~ _ L_.S . S - G~~ ~` TLS fi-Lo-~O.o~~ a~~c~cov~ ~ ~. ~-~ c~c-~.Q~ ~c a~ ~ y `~ cox ~~ .a.Qa,G- ~o ' x 6a '. S'icE.e~ c.>a,2.~a- ~ l,-~ ~/" ~ra,cc,~4~.eoC 4.,-~G a.GQ Sri. CLt, a{ v~ ,dca~cn~ ~eif~tiuei~ . ~ - /~oa~C- coK d~.~cc~o~.~ c~,c~L 20 r~e a.~. 3 '~G- ,d~n.~c... ~~ ~o- G~- cLco-~w~c~C. ~~v l.~ukcCocva.. akoQ. Z~ ~-- U~,xa,C~ ux~'~ Q G vxa.~c.E~~ ~a.a-. Ca~ct-gym--~ W 6wQa~ ~ 0 Q a~O/~~.eeca.-~c~. . / -r2 i q -.~ v ~~ O ~' ~~ ~- ~C O YQ ~n ~y .~ 4Yl \~~ M :~ ~u :a :G ;t C Ali i11 ,mss ti -~, rr~ `+~5~ V '.. X Rc~ ~ NORTH f . ~,, r O ~'~ ~/ ~` ~~' 1 ~ . \ 2.35 Ac. s S~ ~- ;-= ~"z 190 S Larson ~ 161.11 2 ~ 115 ~ ~ 15 6~ ~ 1. N 1 o 1 3r ,:9 ,~i I 180.25 1 C ~ ~ :. ~1~~E'~~a ~ RQANDIfE COUNTY Rocxnoke Rebos Inc. DEPARTMENT OF Rezoning R-3 to C-7 COMMUNITY DEVELOPMENT 77.05-6-17 STAFF REPORT PETITIONER: PREPARED BY Roanoke Rebos, Inc. David Tickner, AICP PARTI A. Summary CASE NUMBER: 36-9/99 DATE: 09/22/99 7-,,,~ The request is by Roanoke Rebos to rezone a parcel of approximately .98 acres from R-3 Medium Density Multi-Family Residential to C-1 Office Commercial. The purpose of the rezoning is to facilitate the expansion of the existing clubhouse. Additionally, the existing nonconformity would be eliminated through the proposed rezoning. The clubhouse has an address of 4321 Garst Mill Road, and is in the Windsor Hills Magisterial District and Community Planning Area. In the Community Plan, the property is designated as Development. This use change generally conforms to the Land Use Guide of the Plan. The property currently houses the existing Roanoke Rebos clubhouse. The surrounding environs consist of single- and multi-family residences and institutional uses. B. Description This is a request by Roanoke Rebos to rezone a .98 acre parcel of property located off Garst Mill Road. The proposal is to rezone the property from R-3 Medium Density Multi-Family residential to C-1 Office. Parcel is located in a mostly residential neighborhood with a park and church in close proximity. C. Applicable Regulations A club is a Civic Use permitted by right in the C-1 Office District. No specific use and design standards apply per Section 30-83-1 of the Zoning Ordinance. However, the following requirements are applicable: 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. VDOT has indicated that it will require that the existing entrance meet commercial entrance standards. A portion of the rear of the property is within the floodplain; thus the applicant will need to adhere to all requirements for construction within that area. Current stormwater management requirements will need to be met for the proposed expansion and parking area. PART II A. Analysis of Existing Conditions Use Roanoke Rebos is a club for recovering alcoholics and drug addicts. Small meetings of typically 15-20 members are held every day. The club is open daily from 10:00 a.m. until 10:00 p.m. On occasion, there are larger meetings. ~-z Location The property is located in the Windsor Hills Magisterial District and Community Planning Area, along Garst Mill Road, approximately 150 feet south of the intersection of Garst Mill Road (Rte. 682) and Willetta Drive (Rte. 1615). Lot The lot is approximately .98 acres in area. There is an existing 3-story structure on the property that was likely at one time a residence. It is approximately 8-10 feet above grade from Garst Mill Road, and has a line of mature trees between it and the street. The vehicular entrance is towards the southern end, as is the graveled parking area. The majority of the lot slopes above the grade of Garst Mill Road. There is a large, fairly level area behind the structure, which is where the new development is proposed. Trees and shrubs are on all sides around the exterior of the yard and parking lot, although it is difficult to tell which property they are on. The rear of the lot slopes down to Mud Lick Creek, and the southwest portion of the lot is within the floodplain. Access Access is proposed from the existing entrance off Garst Mill Road. The entrance is gravel, as is the parking area. Surrounding Neighborhood Adjacent land uses consist of mostly residential and institutional uses. Garst Mill Park abuts the property to the north and northwest. Single family residences are to the east across Garst Mill Road. To the south and southwest is Sans Souci apartment complex, a multi family dwelling project. Additionally, just to the northeast of the property is Garst Mill Presbyterian Church. B. Analysis of Proposed Development Use According to the applicant, the existing meeting facilities are usually adequate. However, there are instances when the group needs a larger area for meetings, picnics and other larger-scale events. The new building will serve those functions. The building will include some roughed-in plumbing, but at this time, no bathrooms or other facilities are proposed. Site Layout/Architecture The proposed expansion involves the addition of a 60-foot by 40-foot single story structure. It will be a standard stick-built structure, with white vinyl siding and black shingles. The applicant has indicated that the structure will maintain a residential character similar to that of the existing building. A breezeway will connect the existing structure to the new one. The concept plan does not indicate current or proposed additional parking. Access/Traffic Generation Existing entrance will be utilized. VDOT has indicated that the entrance will need to be upgraded to current commercial standards. This will most likely involve a paved entrance. Parkin4 According to Section 30-91-9 (C) of the Zoning Ordinance, clubs are required to have 1 parking space per 3 persons based on maximum occupancy. If 15 or more parking spaces are required, then the parking area will need to be paved. Stormwater Management A portion of this property lies within the 100-year floodplain, and the lot backs onto Mud Lick Creek. The Engineering Department has indicated that stormwater runoff requirements will need to be met as a part of the site review process. Screening & Buffering There are two adjacent lots that are zoned R-3 Residential. According to Section 30-92-4 of the Zoning Ordinance, a Type C screening and buffer yard is required. This may be either a 6 foot screening with a 15 foot buffer yard or a 25 foot buffer yard with small evergreen trees and one row of evergreen shrubs. If any parking area is proposed adjacent to Garst Mill Road, a planting strip will be required per Section 30-92-4 (B) of the Zoning Ordinance. Additionally, in accordance with Section 30-92-4(C), if 10 or more new parking spaces are proposed, and the total parking area is 25 spaces or greater, then a minimum of 5 percent of the parking area must be landscaped. Water/Sewer The lot is serviced by County sewer and water. The Utility Department has determined that the use would not significantly affect the existing public facilities. C. Conformance with the Community Plan This property is designated Development in the 1998 Community Plan. Development areas, according to the Plan, are, "...where most new neighborhood development will occur including large-scale planned developments which mix residential with retail office uses." Additionally, environmental sensitivity in site development is identified as a key objective. Favorable Land Use Determinants include locations where public facilities and utilities are adequate, which includes the location of schools, parks, and recreation facilities. Direct access to a major street (Garst Mill Road) is also identified, and favorable land features for urban residential development are important. Community Activity Centers, like Roanoke Rebos, are Favorable Land Use Types within this designation. The project conforms with the Land Use designation of the Community Plan. D. Conformance with County Development Standard The proposed project could likely comply with the requirements of the Zoning Ordinance. Proposed parking will need to be resolved, and review and approval of site and building plans will be required. VDOT will require improvements to the entrance on Garst Mill Road. PART I I I Staff Conclusions According to the Community Plan, this area has been designated as Development. Development areas are where most new neighborhood development will occur, including large-scale planned developments which mix residential with retail and office uses. A club is a Civic use, and permissible by-right in the C-1 Office zoning district. The Roanoke Rebos is an established club, whose current structural appearance is similar to that of asingle-family residence. Development areas have the most opportunity for innovative land development practices. The surrounding area consists of a mix of residential use types and a few institutional uses, including Garst Mill Park. If the Commission is in support of the change in land use, staff recommends the following proffers: 1) Exterior lighting shall be limited to fixtures on either of the structures (no parking lot lighting) 2) During construction of the new structure, removal of the existing trees shall be minimized. 3) The overall appearance of the new structure should be residential in character. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, SEPTEMBER 28, 1999 ORDINANCE TO CHANGE THE ZONING CLASSIFICATION OF A .98- ACRETRACT OF REAL ESTATE LOCATED AT 4231 GARST MILL ROAD (TAX MAP N0. 77.05-6-17) IN THE WINDSOR HILLS MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF R-3 TO THE ZONING CLASSIFICATION OF C-1 WITH CONDITIONS UPON THE APPLICATION OF ROANOKE REBOS, INC. WHEREAS, the first reading of this ordinance was held on August 24, 1999, and the second reading and public hearing were held September 28, 1999; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on September 7, 1999; 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 .98 acre, as described herein, and located at 4231 Garst Mill Road (Tax Map Number 77.05-6-17) in the Windsor Hills Magisterial District, is hereby changed from the zoning classification of R-3, Medium Density Residential District, to the zoning classification of C-1, Office District. 2. That this action is taken upon the application of Roanoke Rebos, Inc. 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: (a) The property shall be used only for the activities and offices of Roanoke Rebos or those accessory associations affiliated with the organization. (b) The property shall be approved for use as a civic club only. Other uses shall be minimized. (c) During construction of the new structure, removal of the existing trees shall U:\WPDOCS\AGENDA\ZONING\REBOS.RZN 1 T- -2 be minimized. (d) The overall appearance of the new structure shall be residential in character. 4. That said real estate is more fully described as follows: BEGINNING at the southwesterly intersection of Halevan Road with Garst Mill Road; thence with the easterly right of way of Garst Mill Road and with a curve to the right an arc distance of 405.94 feet to the true point of BEGINNING; thence continuing with the westerly right of way line of Garst Mill Road, and with a curve to the right whose delta angle is 12 ° 05' 07" and whose radius is 1120.92 feet, and whose arc distance is 236.43 feet to a chord bearing and distance of s 16 ° 46' 20" w 235.99 feet to an iron pin; thence leaving the said Garst Mill Road, N 78 ° 26' 45" W 190.46 feet to an iron pin; thence N 15 ° 42' 23" E 200.00 feet to an iron pin; thence with a new division line through the land of A. R. Coffey & Sons, Inc. S 88 ° 39' 00" E 200.62 feet to an iron pin marking the true point of BEGINNING, and containing 0.9825 acres. 5. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed to amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. U:\WPDOCS\AGENDA\ZONING\REBOS.RZN 2 ~~ On behalf of Roanoke Rebos, Inc., I James Wright do proffer the following conditions with regards to rezoning the property from R-3 to C-1: 1. The property shall be used only for the activities and offices of Roanoke Rebos, Inc., or those accessory associations affiliated with the organization 2. The property shall be approved for use as a civic club only. Other uses shall require a rezoning. 3. During construction of the new structure, removal of the existing trees shall be minimized. 4. The overall appearance of the new structure shall be residential in character. Signed, Roa a Rebos, Inc. 1' AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 28, 1999 ORDINANCE 092899-14 VACATING AND CLOSING AN UNIMPROVED AND UNUSED PORTION OFRIGHT-OF-WAY KNOWN AS CAVE SPRING LANE IN SECTION 3, NOTTINGHAM HILLS SUBDIVISION SHOWN IN PLAT BOOK 7, PAGE 32, SITUATED IN THE WINDSOR HILLS MAGISTERIAL DISTRICT OF ROANOKE COUNTY WHEREAS, Ron F. Cave and Michele C. Cave, the Petitioners, have requested that the Board of Supervisors of Roanoke County, Virginia, vacate and close as public right-of- way an unimproved and unused portion of Cave Spring Lane, being 50 feet in width and extending approximately 158.31 feet in an eastern direction from the eastern cul-de-sac of Cave Spring Lane, shown and dedicated on the plat entitled "MAP OF SECTION 3, NOTTINGHAM HILLS", recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Plat Book 7, Page 32; and, WHEREAS, Ron F. Cave and Michele C. Cave are the owners of Lot 9, Block 10, Section 3, Nottingham Hills (Plat Book 7, page 32), designated on the Roanoke County Land Records as Tax Map No. 76.20-5-22, said parcel of land being adjacent to the south side of the subject portion of right-of-way; and, WHEREAS, §15.2-2272.2 of the Code of Virginia (1950, as amended) requires that such action be accomplished by the adoption of an ordinance by the governing body; and, WHEREAS, notice has been given as required by §15.2-2204 of the Code of Virginia (1950, as amended), and the first reading of this ordinance was held on September 14, 1999; the public hearing and second reading of this ordinance was held on September 28, 1999. >` NOW THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That an unimproved and unused portion ofright-of-way, situate in the WINDSOR HILLS Magisterial District and known as Cave Spring Lane, being 50' in width and extending approximately 158.31 feet in an eastern direction from the eastern cul-de-sac of Cave Spring Lane, as shown and dedicated on the plat entitled "MAP OF SECTION 3, NOTTINGHAM HILLS", recorded in the aforesaid Clerk's Office in Plat Book 7, Page 32, and as more specifically shown on Exhibit A attached hereto, be, and hereby is, vacated and closed pursuant to Section 15.2-2272 of the Code of Virginia (1950, as amended), subject to the following conditions: a. That a perpetual water, sewer, drainage, greenway and public utility easement, fifty feet (50') in width, and extending easterly from the eastern cul-de-sac of Cave Spring Lane a distance of approximately 158.31 feet, to construct, install, improve, operate, inspect, use, maintain, remove, monitor, repair or replace present or future water, sewer, drainage, or public utility lines, pipes, courses, ditches, facilities, systems and other necessary or related structures, appurtenances and improvements, together with the right of ingress and egress thereto from a public road, is hereby reserved and retained. The location of said easement is shown and designated as "RIGHT OF WAY TO BE VACATED AND TO REMAIN A 50' WATER, SEWER, DRAINAGE, GREENWAY AND PUBLIC UTILITY EASEMENT" on the `Map Showing Area To Be Vacated -Tax Map No. 76.20-5-22', prepared by the Roanoke County Department of Community Development, attached hereto as Exhibit A and made a part hereof. b. That fee simple title to the subject portion of Cave Spring Lane, located on the periphery of the plat entitled "MAP OF SECTION 3, NOTTINGHAM HILLS",shall vest in the owner of the abutting lot as provided in §15.2-2274 of the Code of Virginia (1950, as amended), subject to the reservation of easements described in subparagraph a. above, and subject to the condition that the vacated area of land shall be added and combined, by deed or 2 by plat, with said abutting property, in compliance with the Roanoke County Subdivision and Zoning Ordinances, and other applicable laws and regulations. c. That all costs and expenses associated herewith, including but not limited to publication, survey and recordation costs, shall be the responsibility of the Petitioner; and, 2. That the County Administrator, an Assistant County Administrator, or any County Subdivision Agent is hereby authorized to execute such documents and take such actions as may be necessary to accomplish the provisions of this ordinance, all of which shall be on form approved by the County Attorney. 3. That this ordinance shall be effective on and from the date of its adoption, and a certified copy of this ordinance shall be recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in accordance with §15.2-2272.2 of the Code of Virginia (1950, as amended). On motion of Supervisor Johnson to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Minnix, Harrison, Nickens, Johnson NAYS: None ABSENT: Supervisor McNamara A COPY TESTE: ~- Mary H. Allen, CMC/AAE Clerk to the Board cc: File Arnold Covey, Director, Community Development Paul M. Mahoney, County Attorney John W. Birckhead, Director, Real Estate Assessment 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: September 28, 1999 AGENDA ITEM: ORDINANCE VACATING AND CLOSING AN UNIMPROVED AND UNUSED PORTION OF RIGHT-OF-WAY KNOWN AS CAVE SPRING LANE IN SECTION 3, NOTTINGHAM HILLS SUDIVISION SHOWN IN PLAT BOOK 7, PAGE 32, SITUATED IN THE WINDSOR HILLS MAGISTERIAL DISTRICT OF ROANOKE COUNTY. COUNTY ADMINISTRATOR'S COMMENTS: EXECUTIVE SUMMARY: The petitioners, Mr. Ron F. and Michele C. Cave, are requesting that the Board of Supervisors vacate a portion of a 50 foot unimproved public right-of-way known as Cave Spring Lane. County staff is recommending that the Board of Supervisors approve the vacation, subject to reservation of a (50-foot sewer, water, drainage, greenway and public utility easement). SUMMARY OF INFORMATION: The right-of way to be vacated is a portion of a 50 foot unimproved public right-of- way known as Cave Spring Lane as shown on the attached map (Exhibit "A"). The subject portion of Cave Spring Lane is shown and dedicated on the periphery of the subdivision plat of Section 3, "Nottingham Hills" recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Plat book 7, page 32. Title to vacated right-of-way is to vest in the abutting lot owner pursuant to §15.2-2274 of the Code of Virginia. The petitioners, Ron F. Cave and Michele C. Cave, are the current owners of the abutting lot, described at Lot 9, Block 10, section 3, Nottingham Hills (Tax Map No. 76.20-5-22). 1 ~-3 Mudlick Creek cuts between the two sections of Cave Spring Lane. There is no plan to connect these streets in the future due to the location of the flood plain and the severe terrain separating the two roads. Roanoke County staff has received no objections to this petition and requests that the described right-of-way shown on the attached map (Exhibit "A") be vacated in accordance with section 15.2-2272(2) of the Code of Virginia 1950, as amended. Staff requests that this vacation is made subject to the county reserving a 50-foot sewer, water, drainage, greenway and public utility easement as shown on the attached map (Exhibit "A"). A first reading of the proposed ordinance was held on September 14, 1999; a Public Hearing and a second reading is scheduled for September 28, 1999. STAFF RECOMMENDATION: County staff is requesting that the Roanoke County Board of Supervisors adopt the proposed ordinance, subject to the specified conditions. SUBMITTED BY: APPROVED BY: - ,-. d i ~~ Arnold covey, Director Elmer C. Ho ge Department of Community Devel pment County Administrator Approved ( ) Denied ( ) Received ( ) Referred ( ) To ( ) ACTION Motion by: Copy: Paul Mahoney, County Attorney Liz Belcher, Greenway Coordinator VOTE No Yes Abs Harrison _ Johnson _ McNamara Minnix Nickens 2 / I ~ g9 ~ ,5794. _ {Cj~ r ,o ~- „~z2 2 ~ // + 5~ 5198 ~~ ~ r 1. ~ ~ ~ ,7a.'~5 '.I• / 287.44 o ~ a~ / • N ~ ~ 8.52 N ~~ / ~' ~ _ `9, 21.63 ~ S1C ~ ~ ...- rn' ~39 ~'~`~• ~ ~' ca 35 ,5115 Property of ~ ~ o, 37 80.08 108.67 William E. & Lorraine S ~ ~ 5215 _ ~ ~ ~~~ 2 K 6 , cn N ~ 3 . ~ A 7g ~/ 512.3 5. ' ~ 1.51 Ac. ~ 4' • ~ ~ R TGHT ^F WAY TCI BE\ p to ~ VACATED AND T^ REMAIN' `~~,6, ,~ ~ J 5207 A 50' ~/ATER, SEWER J' J `5211 DRAINAGE, GREENWAY, W ~g gg ~ <bAND PL1BLlC UTILITY ~ ~~ 48 r I 3.4 1 )2 7g 39 33 N~ E ASEME N ~S9 ~ 6 5131 5201 4 N ~ °~ ~ 80 85 } •• ~ .N ~o J 27 . h 3s.32 ~' 3 0 . 0 5214 ~ X80 I 52 5141 ~ ~ 51,34 3 . ~ 19. N 20 . o ' 36 ~5 `' ~' ~s,3, ~ ~ 5 10 ~ ~~ ~~ ~ `~7 A ~ rp ~ ~ 21. 5202 F..i ~ • 9Q ,~p2 ~'" ,~ ~ ~~ ~~ 1 O ~ Ditch `~ 5206 N 2ti Creek ,~ ~ti' ~ 9. ~ )8 8 x.08 Property of `N ~ $n~~ ~~8 ~G ' 71.76 15 Ron F. & Michele C. o '~ ~~ ,~ 5G 100 100 ~~6e \ °~. ~ 28. ~~ 108.65 ~c~ ' 5146 t Z., 5217 i OO ` ~ 44. 0 43. ~ 3.1 x ~ r ~ o ~ 5101 ` 1 .67 Ac. o~ 4 ~ 4~ s~a~ 41. .~ ~ 40. \ ~ ~ p ~ 100 1 00 `~ 46.4 3p55 38.79 6~ w \. ~~~ ~~ I'0 300 X170 .33 \ -•.~ 100 ~ ~~ 100 7 00 ~ a ~ v 4 \ W O ~ 36. 6p ;' 24s ~ 40. ~ ~ ~; `'~ ~ ~1 32 ,~ 37 ' 5216 j ~ 64.8 ~ 5202 ~ ~ ~' 0 `° 52,4 0 38. ' S21o °~ ~ I ~ 39. ~~' X30 1 P 100 ,7.01 I ~ ~ 0.1 1 10 i 79 4 ~1 1 R©ANaKE CDUNTY Mai Showing Area DEPA~RT~YIEIV T OF To Be Vac ate d CO~fM UNITY DE VELOPMEIVT Tax Mc~p No. 76.20-5-22 T _.3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 28, 1999 ORDINANCE VACATING AND CLOSING AN UNIlVIPROVED AND UNUSED PORTION OF RIGHT-OF-WAY KNOWN AS CAVE SPRING LANE IN SECTION 3, NOTTINGHAM HILLS SUBDIVISION SHOWN IN PLAT BOOK 7, PAGE 32, SITUATED IN THE VVIlVDSOR HILLS MAGISTERIAL DISTRICT OF ROANOKE COUNTY WHEREAS, Ron F. Cave and Michele C. Cave, the Petitioners, have requested that the Board of Supervisors of Roanoke County, Virginia, vacate and close as public right-of--way an unimproved and unused portion of Cave Spring Lane, being 50 feet in width and extending approximately 158.31 feet in an eastern direction from the eastern cul-de-sac of Cave Spring Lane, shown and dedicated on the plat entitled "MAP OF SECTION 3, NOTTINGHAM HILLS", recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Plat Book 7, Page 32; and, WHEREAS, Ron F. Cave and Michele C. Cave are the owners of Lot 9, Block 10, Section 3, Nottingham Hills (Plat Book 7, page 32), designated on the Roanoke County Land Records as Tax Map No. 76.20-5-22, said parcel of land being adjacent to the south side of the subject portion of right-of--way; and, WHEREAS, §15.2-2272.2 of the Code of Virginia (1950, as amended) requires that such action be accomplished by the adoption of an ordinance by the governing body; and, WHEREAS, notice has been given as required by § 15.2-2204 of the Code of Virginia (1950, as amended), and the first reading of this ordinance was held on September 14, 1999; the public hearing and second reading of this ordinance was held on September 28, 1999. NOW THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: r ! ~ ..~ 1. That an unimproved and unused portion ofright-of--way, situate in the WINDSOR HILLS Magisterial District and known as Cave Spring Lane, being 50' in width and extending approximately 158.31 feet in an eastern direction from the eastern cul-de-sac of Cave Spring Lane, as shown and dedicated on the plat entitled "MAP OF SECTION 3, NOTTINGHAM HILLS", recorded in the aforesaid Clerk's Office in Plat Book 7, Page 32, and as more specifically shown on Exhibit A attached hereto, be, and hereby is, vacated and closed pursuant to Section 15.2-2272 of the Code of Virginia (1950, as amended), subject to the following conditions: a. That a perpetual water, sewer, drainage, greenway and public utility easement, fifty feet (50') in width, and extending easterly from the eastern cul- de-sac of Cave Spring Lane a distance of approximately 158.31 feet, to construct, install, improve, operate, inspect, use, maintain, remove, monitor, repair or replace present or future water, sewer, drainage, or public utility lines, pipes, courses, ditches, facilities, systems and other necessary or related structures, appurtenances and improvements, together with the right of ingress and egress thereto from a public road, is hereby reserved and retained. The location of said easement is shown and designated as "RIGHT OF WAY TO BE VACATED AND TO REMAIN A 50' WATER, SEWER, DRAINAGE, GREENWAY AND PUBLIC UTILITY EASEMENT" on the `Map Showing Area To Be Vacated -Tax Map No. 76.20-5-22', prepared by the Roanoke County Department of Community Development, attached hereto as Exhibit A and made a part hereof. b. That fee simple title to the subject portion of Cave Spring Lane, located on the periphery of the plat entitled "MAP OF SECTION 3, NOTTINGHAM HILLS", shall vest in the owner of the abutting lot as provided in § 15.2-2274 of the Code of Virginia (1950, as amended), subject to the reservation of easements described in subparagraph a. above, and subject to the condition that the vacated area of land shall be added and combined, by deed or by plat, with said abutting property, in compliance with the Roanoke County Subdivision and Zoning Ordinances, and other applicable laws and regulations. c. That all costs and expenses associated herewith, including but not limited to publication, survey and recordation costs, shall be the responsibility of the Petitioner; and, 2 ~T- 3 2. That the County Administrator, an Assistant County Administrator, or any County Subdivision Agent is hereby authorized to execute such documents and take such actions as maybe necessary to accomplish the provisions of this ordinance, all of which shall be on form approved by the County Attorney. 3. That this ordinance shall be effective on and from the date of its adoption, and a certified copy of this ordinance shall be recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in accordance with § 15.2-2272.2 of the Code of Virginia (1950, as amended). G:WTTORNEIIVLHWGENDA\VACATE\CAVESPRG.LN 3 -' AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 28, 1999 ORDINANCE 092899-15 TO VACATE A MAJOR PORTION OF A 20- FOOT WATER LINE EASEMENT, PLAT BOOK 12, PAGE 33, (RESUBDIVIDED IN PLAT BOOK 16, PAGE 56; PLAT BOOK 18, PAGE 97; AND PLAT BOOK 19, PAGE 40) ACROSS PROPERTY OF LIBERTY PROPERTY DEVELOPMENT CORPORATION AT VALLEY PARK CENTER, VALLEYPOINTE (TAX MAP NO. 37.07-1-16, 16.1 AND 17), LOCATED IN THE HOLLINS MAGISTERIAL DISTRICT WHEREAS, by plat entitled `PLAT SHOWING NEW TRACTS 1 D, 1 E, 1 F, 3A, 3B, & 4A BEING A RESUBDIVISION OF ORIGINAL TRACTS 3 & 4 (P.B. 10, PG. 149) AND REMAINING PORTION OF TRACT 1A1 (P.B. 11, PG. 184), dated September 12, 1989, and recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Plat Book 12, page 33, a twenty-foot (20') water line easement was dedicated on New Tract 3B, New Tract 4A, and the remaining portion of Tract #3, the subject easement being designated on said plat as "NEW 20' WATER LINE EASEMENT"; and, WHEREAS, the subject easement is further shown on Tract 3B, New Tract 3D and Tract 4A on plat entitled `PLAT SHOWING THE COMBINATION AND RESUBDIVISION OF TRACT #2 (0.644 ACRES)....CREATING NEW TRACT 3D, 10.644 ACRES AND NEW TRACT 3E, 5.955 ACRES, PROPERTY OF LINGERFELT DEVELOPMENT CORPORATION, PROPERTY OF GESTALT PROPERTIES, L.P....', dated January 19, 1994, and recorded in the aforesaid Clerk's Office in Plat Book 16, page 56; and, WHEREAS, the subject easement is further shown on Tract 3B, New Tract 3D-1, and Tract 4A on plat entitled `PLAT SHOWING THE RESUBDIVISION OF TRACT 3D N (10.644 ACRES), TRACT 1 D1 (2.473 ACRES), AND TRACT 3E (5.955 ACRES) PROPERTY OF LIBERTY PROPERTY DEVELOPMENT CORP....', dated December 12, 1995, and recorded in the aforesaid Clerk's Office in Plat Book 18, page 97; and, WHEREAS, the subject easement is further shown on Tract 3B, New Tract 3D- 1A, and New Tract 4A-1 on plat entitled `PLAT SHOWING THE RESUBDIVISION OF TRACT 3D-1 (9.192 ACRES), TRACT 4A (2.764 ACRES), TRACT 3E-1 (6.399 ACRES) AND TRACT 2C (0.168 ACRES) PROPERTY OF LIBERTY PROPERTY DEVELOPMENT CORP. CREATING HEREON NEW TRACTS 3D-1A (4.424 ACRES), 4A-1 (2.733 ACRES), 3E-1A (11.238 ACRES)...', dated September 6, 1996, and recorded in the aforesaid Clerk's Office in Plat Book 19, page 40; and, WHEREAS, the Petitioner, Liberty Property Development Corporation, is the current owner of the properties where the above-described easement is located, and has requested that the 20' water line easement, or portions thereof, be vacated; and, WHEREAS, the water line has been removed and the easement is no longer needed and the Petitioner has requested that a portion of the easement be vacated pursuant to § 15.2-2272.2 of the Code of Virginia (1950, as amended); and, WHEREAS, this vacation will not involve any cost to the County and the affected County departments have raised no objection; and, WHEREAS, notice has been given as required by § 15.2-2204 of the Code of Virginia (1950, as amended), and the first reading of this ordinance was held on September 14, 1999, and the second reading of this ordinance was held on September 28, 1999. NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke 2 J County, Virginia, as follows: 1. That the water line easement being designated and shown as "Existing Water Line Easement to be vacated from Point A to Point B" on Exhibit A attached hereto, said easement having been dedicated on `PLAT SHOWING NEW TRACTS 1 D, 1 E, 1 F, 3A, 3B, & 4A BEING A RESUBDIVISION OF ORIGINAL TRACTS 3 & 4 (P.B. 10, PG. 149) AND REMAINING PORTION OF TRACT 1A1 (P.B. 11, PG. 184), dated September 12, 1989, and recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Plat Book 12, page 33, and further shown on resubdivision plats recorded in Plat Book 16, page 56, Plat Book 18, page 97, and Plat Book 19, page 40, in the Hollins Magisterial District of the County of Roanoke, be, and hereby is, vacated pursuant to § 15.2-2272 of the Code of Virginia (1950, as amended), subject to the conditions contained herein. 2. That all costs and expenses associated herewith, including but not limited to publication, survey and recordation costs, shall be the responsibility of the Petitioner. 3. That the County Administrator, or an Assistant County Administrator, is hereby authorized to execute such documents and take such actions as may be necessary to accomplish the provisions of this ordinance, all of which shall be on form approved by the County Attorney. 4. That this ordinance shall be effective on and from the date of its adoption, and a certified copy of this ordinance shall be recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in accordance with § 15.2-2272.2 of the Code of Virginia (1950, as amended). On motion of Supervisor Johnson to adopt the ordinance, and carried by the 3 .~ following recorded vote: AYES: Supervisors Minnix, Harrison, Nickens, Johnson NAYS: None ABSENT: Supervisor McNamara A COPY TESTE: ,~ Mary H. Allen, CMC/AAE Clerk to the Board cc: File Gary Robertson, Director, Utility Arnold Covey, Director, Community Development John W. Birckhead, Director, Real Estate Assessment Paul M. Mahoney, County Attorney 4 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: SEPTEMBER 28, 1999 AGENDA ITEM: ORDINANCE TO VACATE A MAJOR PORTION OF A 20' WATER LINE EASEMENT, PLAT BOOK 12, PAGE 33, (RESUBDIVIDED IN PLAT BOOK 16, PAGE 56; PLAT BOOK 18, PAGE 97; AND PLAT BOOK 19, PAGE 40) ACROSS PROPERTY OF LIBERTY PROPERTY DEVELOPMENT CORPORATION AT VALLEY PARK CENTER, VALLEYPOINTE (TAX MAP N0.37.07-1-16, 16.1 and 17), LOCATED IN THE HOLLINS MAGISTERIAL DISTRICT. COUNTY ADMINISTRATOR'S COMMENTS: This is the second reading of the proposed ordinance to authorize vacation of a major portion of a 20' water line easement across the property of Liberty Property Development Corporation ("Owner") at Valley Park Center, ValleyPointe. By plat of September 12, 1989 recorded in the Clerk's office of the Circuit Court of Roanoke County, Virginia, Plat Book 12, Page 33, (resubdivided in Plat Book 16, Page 56; Plat Book 18, Page 97; and Plat Book 19, Page 40) Lingertelt Development Corporation dedicated to the Board of Supervisors of Roanoke County a twenty foot (20') water line easement extending in a westerly direction from ValleyPark Drive through the property. The petitioner, Liberty Property Development Corporation, is the current owner of the property where the above described easement is located, said parcels being located at the intersection of South Concourse Drive and ValleyPark Drive in the Hollins Magisterial District and being designated on the Roanoke County Land Records as Tax Map No. 37.07-1-16, 16.1 and 17. Liberty Property Development Corporation has requested that the Board of Supervisors vacate a major portion of the water line easement to eliminate the encumbrance. The location of the portion of easement to be vacated is shown crosshatched and designated as an existing water line easement to be vacated from Point A to Point B on the attached sketch, Exhibit A. The Roanoke County Utility Department was notified of the request to vacate the 20' water line easement across Liberty Property Development Corporation property. The water line in question has been removed and is no longer in service. The Utility Department has determined that the easement is not needed and no benefit to the County. The Utility Department is in agreement with this request. All costs associated with the adoption of this ordinance will be the responsibility of Liberty Property Development Corporation. Staff recommends that the Board adopt the proposed ordinance. SU ITTED BY: Arnold Covey, Director Department of Community Development Approved ( ) Denied ( ) Received ( ) Referred ( ) To ( ) ACTION Motion by: pc: Vickie Huffman, Assistant County Attorney Gary Robertson, Director, Utility Department APPROVED BY: ~~ Elmer C. Hodge County Administrator VOTE Harrison Johnson McNamara Minnix Nickens No Yes Abs 2 ~ a LEGAL NOTICE +.J Notice is hereby given to all interested persons that the Roanoke County Board of Supervisors will hold a public hearing at their 7:00 p.m. session on Tuesday, September 28, 1999, in the Board Meeting Room at the Roanoke County Administration Center, 5204 Bernard Drive S. W. on the petition of Ron Cave to vacate and close an unimproved and unused portion of right-of-way known as Cave Spring Lane located in the Section 3 Nottingham Hills Subdivision and shown in Plat Book 7, Page 32, situated in the Windsor Hills Magisterial District. A copy of the documents related to this request may be examined in the office of the Department of Community Development, located at the Roanoke County Administration Center. Given under my hand this 8th day of September, 1999. ...~'~• Mary H. Allen, CMC, Clerk to the Board Roanoke County Board of Supervisors PLEASE PUBLISH IN THE ROANOKE TIMES ON Tuesday, September 14, 1999 Tuesday, September 21, 1999 Direct the bill for publication to: Mr. Ron Cave (will pay upon delivery of legal notice) Mail affidavit to: Mary H. Allen, Clerk to the Board County of Roanoke P. O. Box 29800 Roanoke, VA 24018 Existing Water Line Easement to be vacated from Point A to Point B / EpbcMErv~ ... ` C Request to Vacate a major portion of a 20' Water Line Easement ~ r~ACt~C ~A w Recorded in Plat Book 12, Page 33 New Tracts 1D,lE,1F,3A,3B,&4A V a1leyPointe ~-~ Located on Tract 4A-1 P.B. 19, PG. 40 Tax Map No. 37.07-1-17 Tract 3D-lA . P.B. 19, PG. 40 Tax Map No. 37.07-1-16 Tract 3B P.B. 12, PG. 33 Tax Map No. 37.07-1-16.1 Va1leyPointe ROAtVQ~E COtINT~' Request to Vacate a major portion of a D.E`P~~T~~fEN?' Q~` 20' Water Line Easement, Plat Book 12, Page 33, C03I.d2UNITY D~'V~'LQPhf~`NT across property of Liberty Property Development Corporation at Valley Park Center, ValleyPointe EXHIBIT A AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 28, 1999 ORDINANCE TO VACATE A MAJOR PORTION OF A 20-FOOT WATER LINE EASEMENT, PLAT BOOK 12, PAGE 33, (RESUBDIVIDED IN PLAT BOOK 16, PAGE 56; PLAT BOOK 18, PAGE 97; AND PLAT BOOK 19, PAGE 40) ACROSS PROPERTY OF LIBERTY PROPERTY DEVELOPMENT CORPORATION AT VALLEY PARK CENTER, VALLEYPOINTE (TAX MAP NO. 37.07-1-16, 16.1 AND 17), LOCATED IN THE HOLLINS MAGISTERIAL DISTRICT WHEREAS, by plat entitled `PLAT SHOWING NEW TRACTS 1D, lE, 1F, 3A, 3B, & 4A BEING A RESUBDIVISION OF ORIGINAL TRACTS 3 & 4 (P.B. 10, PG. 149) AND REMAINING PORTION OF TRACT lAl (P.B. 11, PG. 184), dated September 12, 1989, and recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Plat Book 12, page 33, a twenty-foot (20') water line easement was dedicated on New Tract 3B, New Tract 4A, and the remaining portion of Tract #3, the subject easement being designated on said plat as "NEW 20' WATER LINE EASEMENT"; and, WHEREAS, the subject easement is further shown on Tract 3B, New Tract 3D and Tract 4A on plat entitled `PLAT SHOWING THE COMBINATION AND RESUBDIVISION OF TRACT #2 (0.644 ACRES)....CREATING NEW TRACT 3D, 10.644 ACRES AND NEW TRACT 3E, 5.955 ACRES, PROPERTY OF LINGERFELT DEVELOPMENT CORPORATION, PROPERTY OF GESTALT PROPERTIES, L.P....', dated January 19, 1994, and recorded in the aforesaid Clerk's Office in Plat Book 16, page 56; and, WHEREAS, the subject easement is further shown on Tract 3B, New Tract 3D-1, and Tract 4A on plat entitled `PLAT SHOWING THE RESUBDIVISION OF TRACT 3D (10.644 ACRES), TRACT 1D1 (2.473 ACRES), AND TRACT 3E (5.955 ACRES) PROPERTY OF %- y LIBERTY PROPERTY DEVELOPMENT CORP....', dated December 12, 1995, and recorded in the aforesaid Clerk's Office in Plat Book 18, page 97; and, WHEREAS, the subject easement is further shown on Tract 3B, New Tract 3D-lA, and New Tract 4A-1 on plat entitled `PLAT SHOWING THE RESUBDIVISION OF TRACT 3D-1 (9.192 ACRES), TRACT 4A (2.764 ACRES), TRACT 3E-1 (6.399 ACRES) AND TRACT 2C (0.168 ACRES) PROPERTY OF LIBERTY PROPERTY DEVELOPMENT CORP. CREATING HEREON NEW TRACTS 3D-lA (4.424 ACRES), 4A-1 (2.733 ACRES), 3E-lA (11.238 ACRES)...', dated September 6, 1996, and recorded in the aforesaid Clerk's Office in Plat Book 19, page 40; and, WHEREAS, the Petitioner, Liberty Property Development Corporation, is the current owner of the properties where the above-described easement is located, and has requested that the 20' water line easement, or portions thereof, be vacated; and, WHEREAS, the water line has been removed and the easement is no longer needed and the Petitioner has requested that a portion of the easement be vacated pursuant to § 15.2-2272.2 of the Code of Virginia (1950, as amended); and, WHEREAS, this vacation will not involve any cost to the County and the affected County departments have raised no objection; and, WHEREAS, notice has been given as required by § 15.2-2204 of the Code of Virginia (1950, as amended), and the first reading of this ordinance was held on September 14, 1999, and the second reading of this ordinance was held on September 28, 1999. NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 2 T- .~! 1. That the water line easement being designated and shown as "Existing Water Line Easement to be vacated from Point A to Point B" on Exhibit A attached hereto, said easement having been dedicated on `PLAT SHOWING NEW TRACTS 1D, lE, 1F, 3A, 3B, & 4A BEING A RESUBDIVISION OF ORIGINAL TRACTS 3 & 4 (P.B. 10, PG. 149) AND REMAINING PORTION OF TRACT lAl (P.B. 11, PG. 184), dated September 12, 1989, and recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Plat Book 12, page 33, and further shown on resubdivision plats recorded in Plat Book 16, page 56, Plat Book 18, page 97, and Plat Book 19, page 40, in the Hollins Magisterial District of the County of Roanoke, be, and hereby is, vacated pursuant to § 15.2-2272 of the Code of Virginia (1950, as amended), subject to the conditions contained herein. 2. That all costs and expenses associated herewith, including but not limited to publication, survey and recordation costs, shall be the responsibility of the Petitioner. 3. That the County Administrator, or an Assistant County Administrator, is hereby authorized to execute such documents and take such actions as may be necessary to accomplish the provisions of this ordinance, all of which shall be on form approved by the County Attorney. 4. That this ordinance shall be effective on and from the date of its adoption, and a certified copy of this ordinance shall be recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in accordance with § 15.2-2272.2 of the Code of Virginia (1950, as amended). G:\.ATTORNEY\VLH\AGENDA\VALLEYPT.ORD 3 O~ QOAN ,YF` ~. 9 z' ~ g ; .a AGENDA ITEM NO. 1 38 APPEARANCE REQUEST -PUBLIC NEARING -ORDINANCE ~ITIZEN 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. WHEN CALLED TO THE LECTERN, / W/LL G/VE MY NAME AND ADDRESS FOR THE RECORD, /AGREE TO AB/DE BY THE GUIDELINES LISTED BELOW; ^ Each speaker will be given between three to five minutes to comment whether speaking as an individual or representative. The Chairman will decide the time limit based on the number of citizens speaking on an issue, and will enforce the rule unless instructed by the majority of the Board to do otherwise. ^ The speaker will be limited to a presentation of his/her point of view only. Questions of clarification may be entertained by the Chairman. . ^ All comments must be directed to the oard. 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 to the Board. ^ Individuals speaking on behalf of an organized group shall file with the Clerk written authorization from the Group allowing the individual to represent them PLEASE PRINT LEGIBLY AND GIVE TO THE CLERK TO THE BOARD NAME: ~ I-L~~ ~ACc~~S ADDRESS: ~~~0 t~LE/~SA~IT (~ i~L ~.~~. PHONE: S ~fl -77~~ (o72Z o~ ROAN KF ti' A z ~ J a 1838 MARY H. ALLEN, CMC CLERK TO THE BOARD P.O. BOX 29800 5204 BERNARD DRIVE ROANOKE, VIRGINIA 24018-0798 (703) 772-2005 FAX (703) 772-2193 October 1, 1999 Mr. Lon Carruth, General Manager Adelphia Communications 21 S. Bruffey Street Salem, VA 24153 Dear Mr. Carruth: BRENDA J. HOLTON DEPUTY CLERK Attached is a copy of Ordinance 092899-5, extending the franchise of Blacksburg/Salem Cable Vision for 90 days. This resolution was adopted by the Board of Supervisors at their meeting on Tuesday, September 28, 1999. At that meeting the Board of Supervisors also appointed Roanoke County Supervisors Harry Nickens and Fenton Harrison, Anne Marie Green, Jane James and James Dickey to negotiate terms for a franchise agreement. If you need further information, please do not hesitate to contact me. Sincerely, `~'~ ~- ~. Mary H. Allen, CMC/AAE Clerk to the Board of Supervisors Attachment CC: Randolph Smith, Salem City Manager James Dickey, Cable Television Committee ® Recyded Paper ' ~ ~tOANp,1,~ L ~' A Z ~ o aZ 1 38 MARY H. ALLEN, CMC CLERK TO THE BOARD 5204 BERNARD DRIVE ROANOKE, VIRGINIA 24018-0798 (703) 772-2005 FAX (703) 772-2193 September 30, 1999 Mr. Cecil Hill 4840 Branch Road Roanoke, VA 24014 Dear Mr. Hill: BRENDA J. HOLTON DEPUTY CLERK 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, September 28, 1999, the Board of Supervisors voted unanimouslyto reappointyou to the Grievance Panel for another three year term. Your new term will begin on September 27, 1999 and will expire on September 27, 2002. State law provides that any person elected, re-elected, or appointed to any public body be furnished a copy of the Freedom of Information Act. Your copy is enclosed. On behalf of the Supervisors and the citizens of Roanoke County, please accept our sincere thanks and appreciation for your willingness to accept this appointment. Sincerely, mod. Mary H. Allen, CMC/AAE Clerk to the Board of Supervisors MHA/bjh Enclosures cc: Joe Sgroi, Director, Human Resources P.O. BOX 29800 ® Recyded Paper ~~ ~ ROANp~.~ ti' ',~ z ~ z .~, :~ ,'ate 1 38 P.O. BOX 29800 5204 BERNARD DRIVE MARY H. ALLEN, CMC ROANOKE, VIRGINIA 24018-0798 CLERK TO THE BOARD (703) 772-2005 FAX (703) 772-2193 October 1, 1999 Mr. James Ritchie, Acting City Manager City of Roanoke 215 Church Avenue Roanoke, VA 24011 Dear Mr. Ritchie: BRENDA J. HOLTON DEPUTY CLERK Attached is a copy of Ordinance 092899-6 authorizing the execution of an agreement with the City of Roanoke for the sale of bulk and surplus water. This ordinance was adopted by the Board of Supervisors at their meeting on Tuesday, September 28, 1999. If you need further information, please do not hesitate to contact me. Sincerely, Mary H. Allen, CMC/AAE Clerk to the Board of Supervisors Attachment CC: William Hackworth, Roanoke City Attorney Mary Parker, Roanoke City Clerk Kit Kiser, City of Roanoke ® p~yq~ p~ 0~ ROAN kF ti p ~ ~ z OJ a~ 1838 MARY H. ALLEN, CMC CLERK TO THE BOARD P.O. BOX 29800 5204 BERNARD DRIVE ROANOKE, VIRGINIA 24018-0798 (703) 772-2005 FAX (703) 772-2193 October 1, 1999 Mr. Lon Carruth, General Manager Adelphia Communications 21 S. Bruffey Street Salem, VA 24153 Dear Mr. Carruth: r- BRENDA J. HOLTON DEPUTY CLERK Attached is a copy of Ordinance 092899-5, extending the franchise of Blacksburg/Salem Cable Vision for 90 days. This resolution was adopted by the Board of Supervisors at their meeting on Tuesday, September 28, 1999. At that meeting the Board of Supervisors also appointed Roanoke County Supervisors Harry Nickens and Fenton Harrison, Anne Marie Green, Jane James and James Dickey to negotiate terms for a franchise agreement. If you need further information, please do not hesitate to contact me. Sincerely, Mary H. Allen, CMC/AAE Clerk to the Board of Supervisors Attachment CC: Randolph Smith, Salem City Manager James Dickey, Cable Television Committee ® Recyded Paper ' ~ ROAN ~~ L ti~ ' '. A ~ ~ 2 .ate 1838 COUNTY ADMINISTRATOR ELMER C. HODGE (540) 772-2004 P.O. BOX 29800 5204 BERNARD DRIVE ROANOKE, VIRGINIA 24018-0798 FAX (540) 772-2193 September 29, 1999 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 Reverend Samuel Crews Coopers Cove Baptist Church 2002 Langdon Road, SW Roanoke VA 24016 Dear Reverend Crews: On behalf of the Board of Supervisors, I would like to thank you for offering the invocation at our meeting on Tuesday, September 28, 1999. 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 C~a~x~#~ a~ ~n~txto~e Bob L. Joh?'tse~; Chairman Roanoke Co my Board of Supervisors Intemet E-Mail Internet E-Mail ehodgergwww.co.roanoke.va.us ®Recycled Paper bosQwww.co.roanoke.vaus ~ ROAN ,~.~ a ti ~ z ~ c~ rasa P.O. BOX 29800 5204 BERNARD DRIVE MARY H. ALLEN; CMC ROANOKE, VIRGINIA 24018-0798 CLERK TO THE BOARD (703) 772-2005 FAX (703} 772-2193 October 1, 1999 Mr. Gerald Burgess, County Administrator County of Botetourt 1 West Main Street, Box 1 Fincastle, VA 24090-2002 Dear Mr. Burgess: F, /-~ BRENDA J. HOLTON DEPUTY CLERK Attached is a copy of Ordinance 092899-7 authorizing an agreement with the County of Botetourt to provide water and an option to sell a portion of the Read Mountain Water Company. This ordinance was adopted by the Board of Supervisors at their meeting on Tuesday, September 28, 1999. If you need further information, please do not hesitate to contact me. Sincerely, ,~-y~ ~,c~.,, ~•d . Cc..~.C~~- Mary H. Allen, CMC/AAE Clerk to the Board of Supervisors Attachment ® Recyded Paper ~ ROANp~~ a ti ~ p ~ ~ o az ~~~~# ~~ ~~xx~~.~.~ 1838 P.O. BOX 29800 5204 BERNARD DRIVE MARY H. ALLEN, CMC ROANOKE, VIRGINIA 24018-0798 CLERK TO THE BOARD (703) 772-2005 FAX (703) 772-2193 October 1, 1999 Mr. James Ritchie, Acting City Manager City of Roanoke 215 Church Avenue Roanoke, VA 24011 Dear Mr. Ritchie: ~~ BRENDA J. HOLTON DEPUTY CLERK Attached is a copy of Ordinance 092899-6 authorizing the execution of an agreement with the City of Roanoke for the sale of bulk and surplus water. This ordinance was adopted by the Board of Supervisors at their meeting on Tuesday, September 28, 1999. If you need further information, please do not hesitate to contact me. Sincerely, Mary H. Allen, CMC/AAE Clerk to the Board of Supervisors Attachment CC: William Hackworth, Roanoke City Attorney Mary Parker, Roanoke City Clerk Kit Kiser, City of Roanoke ® Recyded Paper ~ ROANp,I.~ z. a= C~~~xx~~ ~~ ~a~x~~~.~ 1838 P.O. BOX 29800 5204 BERNARD DRIVE MARY H. ALLEN, CMC ROANOKE, VIRGINIA 24018-0798 CLERK TO THE BOARD (703) 772-2005 FAX (703) 772-2193 October 1, 1999 Ms. Mary Parker, Roanoke City Clerk 215 Church Avenue Roanoke, VA 24011 Ms. Carolyn Ross, Vinton Town Clerk P. O. Box 338 Vinton, VA 24179 r BRENDA J. HOLTON DEPUTY CLERK Attached is a copy of Action 092899-1, appointing a negotiating committee of Supervisor Harry Nickens, Anne Marie Green, Dr. Jane James, and James Dickey to represent Roanoke County in negotiations with Cox Communications for a new franchise. This action was adopted by the Board of Supervisors at their meeting on Tuesday, September 28, 1999. If you need further information, please do not hesitate to contact me. Sincerely, Mary H. Allen, CMC/AAE Clerk to the Board of Supervisors Attachment CC: James Dickey, Cable Television Committee ® Recycled Paper Classified Advertising ooioo~oo ~ ~ Acct: 9894245BURR P h : 5409894245 4231 GARST MILL RD 4?981-3415 '"~ Sept. 8, 1999 012'47 PM p1/1 The Roanoke Times Name: BURRIS, MARY JO Class Rate: Disp Rate: Credit Status LEGAL NOTICE ROANOtiE COUNTY 80AR6 OF 3UPEP,VISORS The Rcanvhe County Beard vt 3upervixa gill hold a public nesnn; at 7 Pm, on Tu2_°ddv, Scpm menr 3.°., 1~, in sro 8earo r~eetlrL Rxm of me Roarolr~ County.tomin~tratbn Conlnr, 6104 l3ornarC Driw, Rwroke, VA, on the ~ti tien v1 Roo n0lr0 RO t10~ Ins, tp q~pfq X0101 }rOm RY tq C-1 exSanC an ezatirU clubhoux, IOCatetl at 4291 earn MITI Rwd VJindsr FIiIIE tvts.,ifer'al 0 at riot. A coot et inL~ acolCatbn ~ awilablu for inLpOCtiOn in tho 1 ~ 82 Department of P¢nnln,+, and 2tlnln6i 7704 Emmrtl DOw, 10.38 Rcano~, vA. Oated~. September 8, iS68 ry~ O. W Mxy H. A n, C~rh c124~~aal 93.44 0.00 0.00 Adid: 124414 ROANOKE VA 24018 .reply Request Paytype BL Rate LE Legals Rep 32 Source EM Class 10 Legals ^ TFN Start 9/14/99 Days 2 Rate Is 2 Stop9~21/99 0.00 Words...... 105 price 0.00 Lines....... 29 Discount 0.00 Depth..... 29.00 Commis Columns... 1 Net 0.00 Graphic.... 0 St Tax 0.00 St Words. 0 Fed Tax Free Day 0 ^ Boxed Ad Total Copy Line LEGAL NOTICEROANOKE payment App Cr. Sort String Balance On Hold Product Cod Tear S heets ^ Ad Killed PO # Comments Reason for Discount 0.00 0.00 0.00 E-mail discount, Editions DC, Classified Advertising oo~ooroo . -~ Acct: 5407741197Edwa P h : 5407741197 PO Box 20068 9981-3415 ~ Sept. 8, 1999 01243 PM p111 The Roanoke Times Name: Edward A Natt, Attorney Class Rate: Disp Rate: Credit Status: O R k VA 24018.0007 oano e Paytype BL Rate LE L Source EM Class 10 L Start 9/14/99 Days 2 0.00 Words.. 0 0o Lines.... 0 0o Depth... Column 0 0o Graphic 0.00 St Word Free Day 0 ^ Boxe Copy Line LEGAL NOTICEROAN Sort String On Hold Product Cod ^ Ad Killed Comments .3eply Request egals Rep 32 egals ^ TFN Rate Is 2 Stop9/21199 .... 110 Price • • • ~ Discount 30.00 Commis s... 1 Net .... 0 St Tax s. 0 Fed Tax d Ad Total OKE Payment App Cr. Balance Tear Sheets PO # Reason for Discount LECSL NOTICE ROANORECOUNN BOARD OF 3UPERYISORS The Paanoke Caunty 0.~ard ok 3uverviaors e+dl hold a oubfie nt~nn~ zt 7 0.m. on Tue563y, Septa mOar 2°., liaa<1, in tro Bears r~neecin` Room or the Rea rn ka COU My .,Gmin C1r~tlon ConAar, 6604 Bonnard Dnw, Rcoroke, VA, on the pekitien M Oen Eandy to roxnu approxi. rtately 33 aore~ tn:m AA to R4loconstruct asiryk family ~uDON~bn, IOCateGaQlaCertt t0 Flerdr+vn Pvad near the Blue RgpE Parkway, Cage SCrlnp M~^1~LOrGI D1~rICt. A oopy ak thn ap plcation o 107 40 aw"a~'° mr in.poetlcn In tna . Oopartmunt of Ph nnir~ end 74 10 Zonins, 620a Bernmd Drive, . Rcarvke, YA. 0 00 Oated September e, L9B8 . Atary H. Alkn, Ckrk 96.66 tsiaa~ail 0.00 0.00 K 0.00 0.00 0.00 E-mail discount, Editions DC, A did: 124414' TO: Mary Allen FROM: Joann Willis Development Review Coordinator Community Development SUBJECT: Petition to Vacate DATE: August 17, 1999 Please have the following advertisement typed up and forwarded back to me so I can give it to the petitioner to take to Roanoke Times and World News. Please show advertisement for the following: PETITION TO VACATE AN UNIMPROVED DEDICATED STRIP OF LAND REFERRED TO AS CAVE SPRING LANE LOCATED IN THE NOTTINGHAM HILLS SECTION 3 SUBDIVISION AND RECORDED IN PLAT BOOK 7, PAGE 32, SITUATED IN THE CAVE SPRING MAGISTERIAL DISTRICT. This first reading of this ordinance will be held on September 14, 1999 and the second reading is to be held on September 28, 1999. Petitioner Mr. Ron Cave Thank you, If you have any questions please give me a call. g:\dev_rev\outbox\petition.wp d ~. c ao-- ' O""'_' 9-9 y ~_~~ ~ ~ ~ NOTICE OF PUBLIC HEARING ON PROPOSED SCHOOL BOND FINANCING BY THE COUNTY OF ROANOKE, VIRGINIA Notice is hereby given that the Board of Supervisors of the County of Roanoke, Virginia (the "County") will hold a public hearing in accordance with Section 15.2-2606 of the Code of Virginia of 1950, as amended, on the issuance of general obligation school bonds (the "Bonds") of the County in the estimated maximum amount of $6,920,000 to finance certain capital projects for school purposes. A resolution authorizing the issuance of the Bonds will be considered by the Board of Supervisors at its meeting on September 28, 1999. The public hearing, which may be continued or adjourned, will be held at 7:00 o'clock p.m. on September 28, 1999, before the Board of Supervisors in the Roanoke County Administration Center, 5204 Bernard Drive, Roanoke, Virginia. Mary H. Allen, CMC/AAE Clerk to the Board PUBLISH ON THE FOLLOWING DATES: Tuesday, September 14, 1999 Tuesday, September 21, 1999 MAIL AFFIDAVIT AND BILL TO: Mary H. Allen, CMC/AAE Clerk to the Board P. O. Box 29800 Roanoke, VA 24018 Wynona Fowler, 9E 00/00/00 'C540-981-3415, classifiedadv ~i Aug. 26, 1999 m3:08 PM The Roanoke Times Acct:7722003000N Name: COUNTY OF ROANOKE Adid: Ph: 5407722003 Class Rate: Disp Rate: NOTICE DF PUBLIC HEARINU oN PROPOSeo scrio~~ BoNo P. O. 29800 Credit Status: FINANIGINGBYTHE COUNTY OF ROANOKE, YIROINIA N ti h MARY H. ALLEN . CLERK TO o co~ apbygivonklnttho Board of supervisors of the ROANOKE VA 24018 Reply Request county or Rcaroke, Yir~inia (tae "CourRy"a ~iN hold a publk; h d i d lth nE ea n accor ance w Paytype BL Rate LE Legals Rep: 52 Section 15.2.2646dthe Code °+~rylna°+1$50,asamand. ed, ontrre issuaroe of ~rcral Source PH Class 10 Le als g ^ TFN °a~<i°" ><rocl bonds ~h. Ebnd9•t of #te County In the Start 9/14/99 Days 2 Rate Is: 2 Sto 9/21 /99 estimated maximum amount of 46,~ao,oooto finance oerkain p cap ilal p r~jecta br sc hool p u r- poses A resolutbn authoricir~ 0.00 Words...... 147 price 128.88 thq osuanca e+th4 Bands vrill be considered by the Boa rd o} o.oo Lines....... 36 Discount 0.00 Supervhorsat Its rneetirt~on sophmber28,14&~. o.oo Depth..... 3 6.00 Commis 0.00 The publb hearh~, xfibh may bvwnkinwd°radjourrwd,rdl Columns.. 1 Net 128 88 bo hold at 7:40 o'ckxk p. m o n sep~mber 28, i.9E9, before 0.00 Graphic.... 0 St Tax . 0.00 the Ebardof Supervisors n the RwnokecountyA.dminbtratbn 0.00 St Words. 0 Fed Tax 0.00 Center, 5204 Bernard Dn~e, Roaroh, rr~inla. Free Day 0 ^ Boxed Ad Total 128.88 Mary N. Allen, CMCdAAE ol«kt°theo«rd Copy Line NOTICE OF PUBLIC HEA Payment 0.00 ('~34~51 App Cr. 0.00 Sort String Balance 0.00 On Hold Product Co Tear Sheets 1 ^ Ad Killed PO # Comments Reason for Discount Revised proof w/correct price. X51!1 123456 Editions DC, LEGAL NOTICE Notice is hereby given to all interested persons that the Roanoke County Board of Supervisors will hold a public hearing at their 7:00 p.m. session on Tuesday, September 28, 1999, in the Board Meeting Room at the Roanoke County Administration Center, 5204 Bernard Drive S. W. on the petition of Ron C~ve to vacate and close an unimproved and unused portion of right-of-way known as Cave Spring Lane located in the Section 3 Nottingham Hills Subdivision and shown in Plat Book 7, Page 32, situated in the Windsor Hills Magisterial District. A copy of the documents related to this request may be examined in the office of the Department of Community Development, located at the Roanoke County Administration Center. Given under my hand this 8th day of September, 1999. ...~• Mary H. Allen, CMC, Clerk to the Board Roanoke County Board of Supervisors PLEASE PUBLISH IN THE ROANOKE TIMES ON Tuesday, September 14, 1999 Tuesday, September 21, 1999 Direct the bill for publication to: Mr. Ron Cave (will pay upon delivery of legal notice) Mail affidavit to: Mary H. Allen, Clerk to the Board County of Roanoke P. O. Box 29800 Roanoke, VA 24018 Wynona Fowler, 981-3411 00/00/00 . 'Q540-981-3415, classified adv 0~ Aug. 26, 1999 ~ 11:17 AM The Roanoke Times Acct:7722003COUN Name: COUNTY OF FiOANOKE Adid: Ph: 5407722003 Class Rate: DISp Rate: NOTICE OP PUBLIC HEARING °N ~ °NOSa ° He"c uNr °o° P O 29800 Ar •~c r T r RoANCItE, YIRGINIA . . Credit Status: Noticeeheiebreirentfetthe MARY H. ALLEN, CLERK TO Beard of 5up.rviaors of tho County o1 Ronrolae, Yhglnia V u i ROANOKE VA 24018 Reply Request haari g io ac ordancap w ith 5xfi n X3 2 26oaath C d . o - e a e of Vir~ne of 1960, asamend- Paytype BL Rate LE Legals Rep: 52 .d,cnfh~inuaro.ofainsr.l oblisstian >crool bonds (the ~~~~ of the County In the Source PH Class 10 Legals ^ TFN •stirtwtsd mrlmum amount of ~6,9Q0,600 to finance certain o ap ila I p rejects to r ec boo I p u r- Start 9!14/99 Days 2 Rate Is: 2 Stop 9!21199 tn° ~~~~o fhe'13o be considered by the Beard of ~•~~ Words...... 147 Price 114 56 Sup.rviwrsat ifs msNirr~Jon Septcmber28, LFl99. Th 0.00 ... Lines. 32 Discount . 0.00 e publb hearse, ~rfioh may b~ continual or adjourned, Will be held atT~00o'clcakpm.on ~ ~~ Depth..... 32 .00 Commis 0.00 September 28, 1999, before tha Board of 5uparHSOrs n the . Columns.. 1 Net 114 56 Roaroke County Adminbtratbn Cen~r, 6aoa Bernard Drive, o.oo Graphic.... 0 St Tax . 0.00 Rcarok., Virginia. c~~a~ee a~ AAE o.oo St Words. 0 Fed Tax 0.00 c~3°~5" Free Day 0 Boxed Ad Total 114.56 Copy Line NOTIC E OF PUBLIC HEA Payment 0.00 App Cr. 0.00 Sort String Balance 0.00 On Hold Product Co Tear Sheets 1 ^ Ad Killed PO # Comments Reason for Discount Editions DC, 123456 ClaesiiiedAdvertieing 49A1-3415 ~ Sept. 10, 1999 O9~50AM oorooroo The Roanoke Times Acct: 7722005ROAN Name: ROANOKE COUNTY Adid: PUE:LIC NOTICE Ph: 5407722005 Class Rate: Disp Rate: Plaax ~ adread that eha Board of Suoervi~ors n1 MS. MARY ALLEN, CLERK Credit Status: ~~; ~ ;W ~P~ "b~'r 2e P.O. BOX 29800 1999, ax cne Roanolae OounN ROANOKE VA 24018 BemreoODlw~3 W~Rianoke~ .reply Request YltYlnla, a, T:GO p m. or as Pat a BL Y YP Rate LE Le als g R e 32 p save to«m~ar an mo motto may tp roord, will held a public hoanngandaxord raodrngon Source FX Class 10 Legals ^ TFN ttn folbwing rrnlE<ar, 1o•xit ORDINANCE TO VACATE A MAJOR PORTION OF A 20•F00T Start 9114199 Days 2 Rate I$ 2 Stop9l21/99 BOO H.12iNPACE33t,A(RE6UE{DI YIDED IN PLAT B00lC i6, PAGE 66; PLAT 8001( :d, PAGE 97; ~•~~ Words.... . 149 price 132.46 AND PLAT BOON 19, PAGE goy 0.00 Lines...... . 37 Discount 0.00 ACR099 PROPERTY OF LIBERTY PROPERTY DEVELOPMENT O oo Depth..... 37.00 Commis ry~ 0.~,/ CORPORATION Al VALLEY PARK CEN7ER~ VALLETPOINTE RAx , Columns.. . 1 Net 132.46 MAP N0. 37.0T•1~1E,SQ1 AND 17}, LOOdTEDINTHENOLLINS ~.o~ Graphic... . 0 St Tax 0.00 MAGISTERIxI D'6TRICT Allmamb«aofthapublbirAar~ o~~~ St Words. 0 Fed Tax 0 ~ °°t°d in thin maltor may appear a~ be heard d tht: Free Day 0 ^ Boxed Ad Total 132.46 time and Dkce a aforesaid. ~ k H ~~E Payment 0.00 Cl a bthe oa clza~sl Copy Line PUBLIC NOT ICE Plea App Cr. 0.00 Sort String Balance 0.00 On Hold Product Cod Tear Sheets ^ Ad Killed PO # Comments Reason for Discount PLACED BY WANDA RILEY, RKE CO ATTORNEYS OFC p 111 124652: Editions DC, PUBLIC NOTICE Please be advised that the Board of Supervisors of Roanoke County, Virginia, at its meeting on September 28, 1999, at the Roanoke County Administration Center, 5204 Bernard Drive, S.W., Roanoke, Vuginia, at 7:00 p.m. or as soon thereafter as the matter maybe heard, will hold a public hearing and second reading on the following matter, to-wit: ORDINANCE TO VACATE A MAJOR PORTION OF A 20-FOOT WATER LINE EASEMENT, PLAT BOOK 12, PAGE 33, (RESUBDIVIDED IN PLAT BOOK 16, PAGE 56; PLAT BOOK 18, PAGE 97; AND PLAT BOOK 19, PAGE 40) ACROSS PROPERTY OF LIBERTY PROPERTY DEVELOPMENT CORPORATION AT VALLEY PARK CENTER, VALLEYPOIlVTE (TAX MAP NO. 37.07-1-16, 16.1 AND 17), LOCATED IN THE HOLLINS MAGISTERIAL DISTRICT All members of the public interested in this matter may appear and be heard at the time and place a aforesaid. Mary H. Allen, CMC/AAE Clerk to the Board Please publish on the following dates: Tuesday, September 14, 1999 Tuesday, September 21, 1999 Please send the invoice to: Roanoke County Board of Supervisors P. O. Box 29800 ~ D Roanoke, VA 24018-0798 q - -q9