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HomeMy WebLinkAbout9/14/1999 - Regular/¢~R16 THE Nle RmCf ROAN ,~. F >s"' ~ ~~ r ae ROANOKE COUNTY BOARD OF SUPERVISORS ACTION AGENDA SEPTEMBER 14, 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 feast 48-hours notice so that proper arrangements may be made. A. OPENING CEREMONIES (3:00 P.M.) 1. Roll Call ROLL CALL AT 3:02 P.M. HCN ARRIVED AT 3:09P.M. 2. Invocation: John M. Chambliss, Jr. Assistant County Administrator 3. Pledge of Allegiance to the United States Flag B. REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF AGENDA ITEMS ECH ADDED ITEM Q-1, REQUEST FROM SCHOOL BOARD FOR INCREASE 1 ®Recycled Paper IN DESIGN FEE FOR SFCS C. PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND AWARDS NONE D. BRIEFINGS 1. Report on the 1999 Commonwealth Games of Virginia and presentation of plaque to the County of Roanoke. (Peter Lampman, President, Virginia Amateur Sports, Inc.) PRESENTED BY PETER LAMPMAN E. NEW BUSINESS 1. Request for approval of issuance of up to $7,000,000 of Industrial Revenue Bonds of the Industrial Development Authority for financing of Salem Vent International, Inc. (Tim Gubala, Economic Development Director) R-091499-1 FFH MOTION TO APPROVE BONDS URC 2. Request for approval of Public Private Partnership for Salem Vent International, Inc. (Tim Gubala, Economic Development Director) A-091499-2 FFH MOTION TO APPROVE URC 3. Request for approval of an Economic Development Performance Agreement to expand Advance Stores, Inc. headquarters operation and appropriation of $641,500. (Joyce Waugh, Economic Development Assistant Director) A-091499-3 BLJ MOTION TO APPROVE AGREEMENT AND APPROPRIATION URC 2 4. Request for approval of an agreement between the County of Roanoke and the Virginia Department of Transportation concerning South County Park access grant. (Pete Haislip, Parks and Recreation Director) A-091499-4 HOM MOTION TO APPROVE AGREEMENT URC 5. Request from the Fifth District Employment and Training Consortium to approve Designation as a Regional Workforce Investment Area. (Joe Sgroi, Human Resources Director) R-091499-5 BLJ MOTION TO APPROVE RESO URC HCN AND BLJ REQUESTED THAT FDETC ALSO WORK WITH LOCALITIES IN NEW CENTURY REGION ALSO. F. FIRST READINGS OF ORDINANCES 1. First 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) JPM MOTION TO APPROVE 1ST READING 2ND - 9/28199 URC 2. First 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) HCN MOTION TO APPROVE 1ST READING 2ND - 9/28199 URC 3 3. First 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) BLJ MOTION TO APPROVE 1ST READING 2ND - 9/28199 URC HCN ASKED FOR MORE INFORMATION AT 2ND READING CONCERNING THE CAPACITY OF THE WELLS, THE CURRENT VALUE OF THE SYSTEM AND NUMBER OF CUSTOMERS. 4. First 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. BLJ MOTION TO APPROVE 1ST READING 2ND AND PUBLIC HEARING - 9128!99 URC G. SECOND READING OF ORDINANCES 1. Second reading of an ordinance authorizing acquisition of property on Glenmary Drive from Philip Trompeter and Connie Hausman fora 24 inch waterline extension into the Roanoke County Center for Research and Technology. (Melinda Cox, Economic Development Specialist) 0-091499-6 FFH MOTION TO ADOPT ORD URC 2. Second reading of an ordinance authorizing acquisition of a permanent slope and drainage easement on property located on Glenmary Drive from Emmett I. and Mary Jane Grisso fora 24 inch waterline extension into the Roanoke County Center for Research & Technology. (Melinda Cox, Economic Development 4 Specialist) 0-091499-7 FFH MOTION TO ADOPT ORD URC 3. Second 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) 0-091499-8 HCN MOTION TO ADOPT ORD URC H. PUBLIC HEARINGS I. APPOINTMENTS 1. Blue Ridge Community Services Board of Directors 2. Grievance Panel 3. Highway and Transportation Safety Commission 4. Industrial Development Authority 5. 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-091499-9 BLJ MOTION TO ADOPT CONSENT RESO WITH GRIEVANCE PANEL APPOINTMENT IN ITEM 2 REMOVED AND REFERRED TO STAFF 5 URC 1. Approval of Minutes -July 27, 1999 2. Confirmation of committee appointments to the Blue Ridge Community Services Board of Directors, Clean Valley Council, and the Industrial Development Authority. A-091499-9.a 3. Resolution of support for expanded passenger rail service in the Commonwealth of Virginia. R-091499-9.b 4. Acceptance by the Sheriff's Office of the Adult Literacy and Basic Education Program Grant of $10,903 and appropriation of funds. A-091499-9.c 5. Request from School Board to appropriate $1,000 grant from the Roanoke County Education Foundation to William Byrd High School Saturday School. A-091499-9.d 6. Request from School Board to appropriate $1,000 Virginia Department of Education grant for assistive technology devices. A-091499-9.e 7. Request from Social Services to appropriate $25,000 for Aid to Dependent Children Foster Care Program, A-091499-9.f 8. Acceptance and appropriation of $21,210 Section 18 Transportation Grant from the Virginia Department of Rail and Public Transportation for use in the CORTRAN program. A-091499-9.g 9. Request for acceptance of access easement at Northside Middle School from the School Board. A-091499-9. h 6 10. Action approving, ratifying and confirming the execution of a Consent Order with Whitlow Auto Crushers and Sales to remediate zoning violations. A-091499-9.1 11. Donation of various easements to the Board of Supervisors by Radford & Company in connection with development of McVitty Forest. A-091499-9. i K. REQUESTS FOR WORK SESSIONS NONE L. REQUESTS FOR PUBLIC HEARINGS NONE M. CITIZENS' COMMENTS AND COMMUNICATIONS BILL IRVIN SPOKE IN SUPPORT OF THE INCREASED FUNDING FOR SOUTH COUNTY HIGH SCHOOL AND GLENVAR SCHOOL AND FOR APPROVAL OF THE INCREASED DESIGN FEE. N. REPORTS BLJ MOTION TO RECEIVE AND FILE -UW 1. General Fund Unappropriated Balance 2. Capital Fund Unappropriated Balance 3. Board Contingency Fund 4. Future School Capital Reserve 5. Statement of the Treasurer's Accountability per Investments and Portfolio Policy as of August 31, 1999. 7 O. REPORTS AND INQUIRIES OF BOARD MEMBERS Supervisor Harrison announced that the Marine Mud Run will be held on Saturday. September 18 and the Groundbreaking Ceremony for the Regional Fire Training Center will be held September 21. P. WORK SESSIONS (4TH FLOOR CONFERENCE ROOM) 1. Update on progress of the discussions on school construction projects by Supervisors McNamara and Nickens WORK SESSION HELD FROM 4:30 P.M. TO 6:30 P.M. DISCUSSION ON SUGGESTIONS TO REDUCE THE INCREASED COST OF NEW SOUTH COUNTY HIGH SCHOOL. REPORT BY JPM AND HCN ON RESULTS OF MEETINGS HELD TO REVIEW THE COSTS. OPEN SESSION RETURNED TO OPEN SESSION AT 6:30 P.M. A-091499-10 BLJ MOTION THAT THE SCOPE OF THE SOUTH COUNTY HIGH SCHOOL BE INCREASED FROM $28,231,150 TO $30 MILLION WITH $800,000 OF THAT COMING FROM THE SCHOOL'S FY 1998/99 YEAR END ROLLOVER; AND THAT THE SCHOOL BOARD INSTRUCT THE ARCHITECTS TO MOVE FORWARD WITH THE SCHEDULE SO THAT THE NEW SCHOOL WILL OPEN IN JULY 2002. URC Q. NEW BUSINESS 1. Request from Schools for increase in the design fee for SECS NO ACTION TAKEN ON THIS ITEM. COSTS INCLUDED IN INCREASE OF OVERALL PROJECT FUNDING R. CLOSED MEETING pursuant to Code of Virginia Section 2.1-344 A (7) consultation with legal counsel and briefings by staff regarding specific legal matter, (1) contract negotiations concerning water contract with the City of Roanoke, and (2) consultation pertaining to 8 probable litigation, subdivision developer's default, Hanging Rock Estates. BLJ MOTION TO GO INTO CLOSED MEETING AT 6:40 P.M. U RC CLOSED MEETING HELD FROM 6:40 P.M. TO 7:04 P.M. JPM LEFT AT 6:45 P.M. S. CERTIFICATION RESOLUTION R-091499-11 BLJ MOTION TO RETURN TO OPEN SESSION AT 7:04 P.M. AND ADOPT CERTIFICATION RESO URC WITH JPM ABSENT S. ADJOURNMENT BLJ ADJOURNED THE MEETING AT 7:05 P.M. ,~„~~~~~ O~ POAN ,Y~ 2 '' 9 1838 ROANOKE COUNTY BOARD OF SUPERVISORS AGENDA SEPTEMBER 14, 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: John M. Chambliss, Jr. Assistant County Administrator 3. Pledge of Allegiance to the United States Flag B. REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF AGENDA ITEMS C. PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND AWARDS D. BRIEFINGS 1 ® Recycled Paper 1. Report on the 1999 Commonwealth Games of Virginia and presentation of plaque to the County of Roanoke. (Peter Lampman, President, Virginia Amateur Sports, Inc.) E. NEW BUSINESS 1. Request for approval of issuance of up to $7,000,000 of Industrial Revenue Bonds of the Industrial Development Authority for financing of Salem Vent International, Inc. (Tim Gubala, Economic Development Director) 2. Request for approval of Public Private Partnership for Salem Vent International, Inc. (Tim Gubala, Economic Development Director) 3. Request for approval of an Economic Development Performance Agreement to expand Advance Stores, Inc. headquarters operation and appropriation of $641,500. (Joyce Waugh, Economic Development Assistant Director) 4. Request for approval of an agreement between the County of Roanoke and the Virginia Department of Transportation concerning South County Park access grant. (Pete Haislip, Parks and Recreation Director) 5. Request from the Fifth District Employment and Training Consortium to approve Designation as a Regional Workforce Investment Area. (Joe Sgroi, Human Resources Director) F. FIRST READINGS OF ORDINANCES 1. First 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) 2. First reading of an ordinance authorizing the execution of an agreement with the City of Roanoke amending and superseding 2 previous agreements, providing for the sale of bulk and surplus water and the appropriation of funds. (Gary Robertson, Utility Director) 3. First 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) 4. First 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. G. SECOND READING OF ORDINANCES 1. Second reading of an ordinance authorizing acquisition of property on Glenmary Drive from Philip Trompeter and Connie Hausman fora 24 inch waterline extension into the Roanoke County Center for Research and Technology. (Melinda Cox, Economic Development Specialist) 2. Second reading of an ordinance authorizing acquisition of a permanent slope and drainage easement on property located on Glenmary Drive from Emmett I. and Mary Jane Grisso fora 24 inch waterline extension into the Roanoke County Center for Research & Technology. (Melinda Cox, Economic Development Specialist) 3. Second 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) H. PUBLIC HEARINGS I. APPOINTMENTS 3 1. Blue Ridge Community Services Board of Directors 2. Grievance Panel 3. Highway and Transportation Safety Commission 4. Industrial Development Authority 5. 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. 1. Approval of Minutes -July 27, 1999 2. Confirmation of committee appointments to the Blue Ridge Community Services Board of Directors, Clean Valley Council, Grievance Panel and the Industrial Development Authority. 3. Resolution of support for expanded passenger rail service in the Commonwealth of Virginia. 4. Acceptance by the Sheriff's Office of the Adult Literacy and Basic Education Program Grant of $10,903 and appropriation of funds. 5. Request from School Board to appropriate $1,000 grant from the Roanoke County Education Foundation to William Byrd High School Saturday School. 6. Request from School Board to appropriate $1,000 Virginia Department of Education grant for assistive technology devices. 4 7. Request from Social Services to appropriate $25,000 for Aid to Dependent Children Foster Care Program. 8. Acceptance and appropriation of $21,210 Section 18 Transportation Grant from the Virginia Department of Rail and Public Transportation for use in the CORTRAN program. 9. Request for acceptance of access easement at Northside Middle School from the School Board. 10. Action approving, ratifying and confirming the execution of a Consent Order with Whitlow Auto Crushers and Sales to remediate zoning violations. 11. Donation of various easements to the Board of Supervisors by Radford & Company in connection with development of McVitty Forest. K. REQUESTS FOR WORK SESSIONS L. REQUESTS FOR PUBLIC HEARINGS M. CITIZENS' COMMENTS AND COMMUNICATIONS N. REPORTS 1. General Fund Unappropriated Balance 2. Capital Fund Unappropriated Balance 3. Board Contingency Fund 4. Future School Capital Reserve 5. Statement of the Treasurer's Accountability per Investments and Portfolio Policy as of August 31, 1999. O. REPORTS AND INQUIRIES OF BOARD MEMBERS P. WORK SESSIONS (4TH FLOOR CONFERENCE ROOM) 5 1. Update on progress of the discussions on school construction projects by Supervisors McNamara and Nickens Q. CLOSED MEETING pursuant to Code of Virginia Section 2.1-344 A (7) consultation with legal counsel and briefings by staff regarding specific legal matter, (1) contract negotiations concerning water contract with the City of Roanoke, and (2) consultation pertaining to probable litigation, subdivision developer's default, Hanging Rock Estates. R. CERTIFICATION RESOLUTION S. ADJOURNMENT 6 A 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 14, 1999 AGENDA ITEM: Report from Virginia Amateur Sports, Inc. on the 1999 Commonwealth Games of Virginia COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Peter Lampman, President of Virginia Amateur Sports, Inc., has requested time on the agenda to report on the economic impact of the 1999 Commonwealth Games of Virginia. He would also like to present a plaque to the Board of Supervisors at that time. The Commonwealth Games of Virginia were first held in July 1990 with more than 4,400 athletes competing in 29 sports. In 1998, 10,119 athletes competed in 45 sports, bringing the nine year total to over 69,000 athletes. The Commonwealth Games have a very positive economic impact on Roanoke County and the Roanoke Valley. During 1998, the full local economic impact was $8,615,460 with estimated visitors related tax revenues being $233,566, and estimated total visitor expenditures $5,190,036. Roanoke County has been involved in the Commonwealth Games since its inception, providing funding, fields and other assistance. We want to express our appreciation and congratulations to Virginia Amateur Sports upon the successful completion of the 1999 Commonwealth Games. C~~ .~- Elmer C. Hodge County Administrator ~-1 ACTION Approved ( ) Denied ( ) Received ( ) Referred ( ) To ( ) Motion by: VOTE No Yes Abs Johnson _ _ _ Harrison _ _ _ McNamara_ _ _ Minnix _ _ _ Nickens ~~~ VIRGINIA AMATEUR SPORTS, INC. PRESENTING SPONSORS CMT Sporting Goods Virginia's 13 ABC PREMIER SPONSORS WYYD Radio SeaStar Communications Valleydale Foods PLATINUM SPONSORS Barrows Office Products DIAMOND SPONSORS Carillon Health System Mostly Sofas GOLD MEDAL SPONSORS BB&T Coca Cola GTE Mobilnat Holiday Inn -Tanglewood Hyperion Kroger Lewis Gale Medical Center SILVER MEDAL SPONSORS AEP First Team Auto Mall Inteios KMC Telecom/Roanoke Save-X Mini Marts BRONZE MEDAL SPONSORS Bank of Fincastle Blue Ridge Copier Burgess-DeMarco Insurance Delta Dental Plan of Virginia Gentry, Locke, Rakes & Moore Lanford Brothers Mountain Springs Water MW Windows Roanoke Electric Steel Roanoke Fruit & Produce Tanglewood Mali Tony's Pizza Voice-Tel Liberty Mutual SPONSOR OF August 26, 1999 ~~~~ --; ~ ' 5th Street, NE Roanoke, Virginia 24016 (540) 343-0987 FAX (540) 343-7407 www.commonwealthgames.org Mr. Bob Johnson Chairman, Roanoke County Board of Supervisrs PO Box 29800 Roanoke, Virginia 24018 Dear Mr. Johnson, Virginia Amateur Sports would like to have the opportunity to say thank you to the County of Roanoke for their outstanding support of the 1999 Commonwealth Games of Virginia at your Board of Supervisors meeting scheduled for Tuesday, September 14, 1999 at 3:00 pm. My presentation will take approximately 5 - 10 minutes. I would also like to re-present a plaque which I previously presented to Mr. Fuzzy Minnix at our VIP reception on July 15. If you can have the plaque at the meeting on the 14th, it certainly would be appreciated. Please accept my thank you in advance for giving me this opportunity. I am looking forward to hearing from you. Sincerely, Virginia Amateur Sports ~~~~~ Peter Lampman President PROMOTING SPORTS IN THE OLYMPIC IDEAL Seuwtbned by the National Conpresa o1 Stets Games and recognized by the Untted States Olymp~ Committee C~ Recycled Paper ~,. r C ~ h A ~.7 ~ciNia ~~ S ;:~ F~ ~c ~ ~~i! ~w.-~ ... r ~~~ VIRGINIA AMATEUR SPORTS, INC. 711 C 5th Street, NE Roanoke, Virginia 24016 (540) 343-0987 FAX (540) 343-7407 www.commonwealthgames.org PRESENTING SPONSORS CMT Sporting Goods Virginia's 13 ABC September 14, 1999 PREMIER SPONSORS WYYD Radio Mr. Elmer Hodge and SeaStar Communications Members of the Board of Supervisors Valleydale Foods PLATINUM County of Roanoke SPONSORS Roanoke Virginia 24018-0798 Barrows Office Products , DIAMOND SPONSORS Dear Mr. Hodge and Members of the Board of Supervisors Carillon Health System , Mostly Sofas Gs o so SL Just a short note to say thank you for your ongoing support and commitment R BEST to Virginia Amateur Sports and the Commonwealth Games of Virginia. Due Coca Cola to your efforts and others like you, our tenth anniversary of the GTE Mobilnet Commonwealth Games was very successful. Holiday Inn - Tanglewood Hyperion Kroger Enclosed is a report on the economic impact the Games had on the Roanoke Lewis Gale Medical Center Valle The re ort also rovides information on the owth the Games and y' p p SILVER MEDAL sPONSORS the demographics of where the athletes traveled from to participate. These AEP fi ures over the ast few ears have shown an increase in the number of g p y First Team Auto Mall Intelos athletes coming from outside the Roanoke Valley especially the Northern KMC Telecom/Roanoke Virginia and Tidewater area of the Commonwealth. Nearly 80 000 athletes Save-X Mini Marts , have competed in the Commonwealth Games of Virginia over the past ten BRONZE MEDAL SPONSORS years. Bank of Fincastle Blue Ridge Copier Burgess-DeMarco Insurance Again, please accept my thank you for enhancing our ability to carry on our Delta Dental Plan of Virginia Tradition of Excellence; The Commonwealth Games of Virginia. Gentry, Locke, Rakes & Moore Lanford Brothers Mountain Springs Water Sincerely, MW Windows Roanoke Electric Steel J (~~-~V ` / \ n ' Roanoke Fruit & Produce ~ '~ E ' r' ~ rnU Peter Lampman Tangtewood Mall Tony's Pizza President Voice-Tel Liberty Mutual SPONSOR OF PROMOTING SPORTS IN THE OLYMPIC IDEAL Sanctkxied by the Natlonel Congress of Stets Games and recognized by the Unked States Olympb Committee 6~ Recycled Paper 1999 Commonwealth Games of Virginia Economic Impact Statistics Roanoke Valley Direct Visitor Expenditures A. Number of athletes that stayed overnight 4,896 B. Number of spectators that stayed overnight 14,688 (1:3 ratio) C. Average length of stay 2.19 Days D. Estimated average daily expenditures $112.50 E. Estimated overnight visitors expenditures $4,825,008 (A+BxCxD) F. Number of day athletes 4,202 G. Number of day spectators 8,404 (1:2 ratio) H. Number of day volunteers 1,600 I. Estimated average daily expenditures $15.00 J. Estimated day visitor expenditures 213,090 (F+G+HxI) K. Estimated total visitor expenditures $5,038,098 (E + J) Regional Multiplier and Turnover L. Turn-over effect to local economy $1.66 (See report) M. Full local economy economic impact $8,363,243 (K x L) Estimated Sales Tax Revenues N. Percentage taxable sales 100% O. Local sales tax rate 4.50% P. Estimated local sales tax $226,714 (KxNxO) Total Visitor Related Tax Revenues $226,714.00 1999 Commonwealth Games of Virginia Economic Impact Analysis I. Methodology The methodology used for estimating the economic impact of the 1999 Commonwealth Games of Virginia is one that was presented by the American Economic Development Council at their professional seminars. Total visitor expenditures, as well as estimates of room nights and tax revenues are presented. Several assumptions were made regarding the number of visitors that attended the Commonwealth Games in 1999. Total overnight visitors were counted at a ratio of 1:3 with each athlete bringing an additional three spectators (i.e. coaches, family members, friends). Day spectators were counted at a ration of 1:2. The average length of stay for overnight purposes was determined by reviewing the days devoted to each individual Games event and assigning either a day, days or portion thereof to each event. These were averaged for the entire Games giving a figure of 2.19 days as the average length of stay in the Roanoke Valley. For areas outside of the Roanoke Valley, the respective length of stay is used. The Roanoke Valley Convention and Visitors Bureau indicates that $112.50 is the cost of an overnight's travel in the Roanoke Valley for a sporting event. Day travelers spend less than overnight visitors. The Roanoke Convention and Visitors Bureau also indicates that $15.00 typical figure for expenditures by a day traveler. II. Economic Impact of the 1997 Commonwealth Games The total estimated expenditures of the Commonwealth Games is $5,038,098 based on estimated expenditures from all Games events through the Commonwealth of Virginia and involving athletes and spectators. III. Regional Multiplier and Turnover There are various types of regional multipliers for value added, employment and payroll/earnings. There is insufficient regional data available to be able to determine the value added or output from the Commonwealth Games. However, a turnover model used from Iowa was applied to indicate the extent or turnover effect of the expenditures of $5,038,098 from the Commonwealth Games. A $1.00 spent turns over five (5) times in the local economy at a decreasing rate such that the full impact is $1.66. For example, total expenditures from the Commonwealth Games times 1.66 equals $8,363,243 in full expenditures in the local economy. 1999 COMMONWEALTH GAMES OF VIRGINIA REGIONAL DISTRIBUTION Roanoke Valley: - Roanoke City, Roanoke County, Salem, Vinton West: Bristol, Martinsville, New River Valley Central: Charlottesville, Lynchburg, Farmville, Staunton North: Winchester, Culpeper, Harrisonburg, Northern VA East: Norfolk, Richmond, Fredericksburg, Virginia Beach Other: MD, NC, SC, WV ~ ~' o w to Q ~o 0 0 ~ ~ D ^ n 0 o rn o rn T T r T O M N ~ ~ ~~ ~ //i~ i ^~ N ^~ ~ N d' ~ _ tf) ~ ~ ~ ~ I / ~ ~ i ~ // li ~ ti /~~ W /~~ V / I. ~ ~ ~ ~ Obi ~ V ~ ~'. V /. O /~~ III ~ ~ ~ O ~ Obi i ~~ V I ~ ~ w, w, W N 3 I °' M cD ~ sh V I_<D ~ ~ ~ ~ O o ~ d ~ ~O ~ N ~ \° N d e Y ~ O r ~ _ O O ~ . •+ ~ ~ _ ~L ~ '~'~ 3 ~' _ • ~ = O o `" ~ o cti ~ ~ ~~ C O . V ~ ~ ~ ~ ~o ~o W N t ~ ~ O Z ~ 0 r ~ O ~O N ~ _ s o }, •- ca ~ 3 c ~' `~ o ~ ~ ~ ~~ ~ °' °~ o a~ Q v a~ 0 0 ~~ N ~ N e ~ M r ~ i I ~ o ~ •^ V O ~ ~ ~ 3 L N _ o •- ~ L V v ~ r d d ~ C O ~ ~ O C ~' > O v y y ?? ~ ~ ~~ ~ ~ a~ c0 U O y ~ ~ R y ~ R U ~ 0 R ~ «: on o ~ .. ~ 3 ~ ~ y ~ :°. R . '° c ~' w o 2 U u < .b ,~ ., ~ o c ~ o ~ ~ trC G ~ .~ ~ R C C F/~ ~ -Fu~~~u r , c.. 'L7 ~ O • ~ 'O O y "b ~ O c,0~ C O --~ O ~ ~ w ~ aD C A E m s p ~ ° ~ e«» c A ; R ~ /~ ~ ~ '~ 4. 4, w. ++ w O '~,,, id C c~ ~..D OA T ~ ° ~ ~ ~ •• y Cl. O > ~ O G ^W r ~+„ . W ~ ~ 7 ~ ~ O ie O ~ .~ ~ a: Tr^~ N Q1 ^ O O~ O '~ A s c ~ w ~ m $y V1 Y ~_ 4.. ~ ~ ~ O ~ a4 ~ ~ r o ~i ~ ~ R R ~ ~ 3 R ('~ ti ~ ~ ~ M Z cC 0 O ~ R ~ ~ ~ O r Q 3 ~ ~ ~ ~ ~ m h~ ~ .Y on ~ cn ° ~ ~ ,, ~ o~ ~~ c R c on °° ° „ o a~ c w a ' MCI ~"~ ~ ~ c ~, E ~ Q m r~ ~ uu ~ rr ..+ N M r^^ l y ~ ~ ~ ~- O ~~~ ~_ "" .~, a ~ ~ ~sC ~:y d d it ~ ~ n ~ tr{r{`~f~ f; ~~' Qi J L_ O ~ ~ L ~ ~ ~ Z ~~ N:#~ e~'i c C ~ > ~ ~ H '~v"' O O o N ~O oo ~ ~^; +' O~ ~ e et O C y .__. , ~ Q ~~ N o d e r d ~ ~ ~ O1 Q r r > ~ ~i i ~ ° n .. ~ Y r • `rl^ ~ G ~ L ~ '0 3 4J rNi~ ~ o~ i AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 14, 1999 RESOLUTION 091499-1 REQUESTING ISSUANCE OF UP TO $7,000,000 OF INDUSTRIAL REVENUE BONDS OF THE INDUSTRIAL DEVELOPMENT AUTHORITY FOR FINANCING OF SALEM VENT INTERNATIONAL, INC. The Industrial Development Authority of Roanoke County, Virginia (the "Authority") has considered the request of Salem Vent International, Inc. (the "Applicant"), a Virginia corporation having its principal place of business currently at 1209 Colorado Street, Salem, Virginia 24153, for the Authority to issue, pursuant to the Industrial Development and Revenue Bond Act, Chapter49, Title 15.2 of the Code of Virginia of 1950, as amended (the "Act"), up to $7,000,000 of its revenue bonds for a manufacturing facility (the "Bonds"). The proceeds of the Bonds will be used to assist the Applicant in (1) financing the acquisition, construction and equipping of a facility, with related office and storage areas, for the manufacture of vents and related products primarily for the heavy truck industry (the "Project") and (2) financing payment of the costs of issuing the Bonds and any other real and personal property appurtenant, functionally related or subordinate to the Project. The Project is located on Lot 4 in Valley TechPark, the entrance to the park being off of Routes 11 and 460 approximately 3.3 miles south of Exit 137 off of Interstate 81 in Roanoke County, Virginia (the "County"). The Authority held a public hearing regarding this matter on behalf of the Authority and the County on September 1, 1999, which is a date within sixty (60) days of the adoption of this resolution. Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code"), provides that both the governmental unit having jurisdiction over the issuer of private activity bonds and the governmental unit having jurisdiction over the area in which any facility financed with the proceeds of private activity bonds is located must approve the issuance of the bonds. The Project is located in the County, the Authority issues its bonds on behalf of the County and the Board of Supervisors of the County (the "Board") constitutes the highest elected governmental unit of the County. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA: 1. The recitals made in the first and second paragraphs of this Resolution are hereby adopted as a part of this Resolution. 2. The Board approves the issuance of the Bonds by the Authority in an aggregate principal amount not to exceed $7,000,000 for the benefit of the Applicant, to the extent required by Section 147(f) of the Code and Section 15.2-4906 of the Act. 3. The approval of the issuance of the Bonds does not constitute an endorsement to a prospective purchaser of the Bonds of the creditworthiness of the Applicant or the Project, and, as required by the Act and Virginia law, the Bonds shall provide that none of the Commonwealth of Virginia, the County or the Authority shall be obligated to pay the principal of, premium, if any, on or the interest on, the Bonds or other costs incident thereto except from the revenues and moneys pledged therefor, and neither the faith and credit nor the taxing power of the Commonwealth of Virginia nor any political subdivision thereof shall be pledged thereto. 4. Pursuant to the limitation contained in Temporary Treasury Regulation Section 5f 103-2(f)(1), this Resolution shall remain in effect for a period of one year from the date of its adoption. 5. The County, including its elected representatives, officers, employees and agents, shall not be liable and hereby disclaims all liability for any damage to the Applicant or the Project, direct or consequential, resulting from the Authority's failure to issue the Bonds for any reason. 6. This Resolution shall take effect immediately upon its adoption. On motion of Supervisor Harrison to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None A COPY TESTE: ~. Mary H. Allen, CMC/AAE Clerk to the Board of Supervisors cc: File Timothy Gubala, Secretary-Treasurer, IDA 2 Item No. C' - 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 14, 1999 AGENDA ITEM: Request for approval of a resolution of the Board of Supervisors of Roanoke County, Virginia approving the issuance of up to $7,000,000 of Industrial Revenue Bonds of the Industrial Development Authority of Roanoke County, Virginia for the purpose of financing a manufacturing facility (Salem Vent International, Inc.) OUNTY ADMINISTRATOR' COMMENTS: ~ ~~ ~ ~ SUMMARY OF INFORMATION: The Industrial Development Authority of Roanoke County (IDA) was formed in 1970 under the provisions of the Code of Virginia to promote economic development within Roanoke County and the Town of Vinton. One role of the Authority is to assist new and expanding manufacturing companies by issuing tax exempt Industrial Revenue Bonds (TRW's) which can be used to finance up to 100% of the cost of constructing and equipping eligible facilities. The Industrial Revenue Code of 1986 also allows the Authority to issue bonds on behalf of certain eligible non-profit 501© 3 corporations such as educational institutions and certain medical facilities. The Authority functions as the "financing vehicle" through which bonds are authorized and issued by a private financial institution. Neither the Authority nor the County are liable for the repayment of bonds, or do they "cosign" the bonds when issued. Since its formation, bonds totaling more than $90 million have been issued by the Authority in Roanoke County. The Authority has a separate Board of Directors whom are appointed by the Board of Supervisors for a four year term. Salem Vent International, Inc. is seeking $7,000,000 so that they might purchase approximately 7.6 acres at Valley TechPark and construct and equip an approximate 60,000 square foot manufacturing facility. The Company manufactures two-way hingeless ventilators for the heavy truck industry. The Industrial Development Authority approved an inducement resolution for the Company at its September 1, 1999 meeting and requests that the Board of Supervisors approve a resolution so that industrial revenue bonds may be issued by the end of 1999. Approval of the bond financing will assist t~"~ in locating this company in the County and in selling the last remaining parcel at Valley TechPark. FISCAL IMPACT: A fiscal impact statement is attached which shows the direct and indirect economic impact from taxes, local purchases, new employment and related wages. STAFF RECOMMENDATION: Staff recommends that the Board of Supervisors approve the attached resolution and authorize the Industrial Development Authority to issue up to $7,000,000 of Industrial Revenue Bonds on behalf of Salem Vent International, Inc. Respectfully submitted: ~~~ Timothy W. Gubala, Director Department of Economic Development Approved: Elmer C. Hodge County Administrator ACTION Approved ( ) Denied ( ) Received ( ) Referred to Motion by: No Yes Abs Harrison _ Johnson McNamara Minnix Nickens Attachment FISCAL IMPACT STATEMENT* INDUSTRIAL DEVELOPMENT AUTHORITY OF ROANOKE COUNTY, VIRGINIA To the Board of Supervisors of Roanoke County, Virginia Name of Applicant: Salem Vent International, Inc. Facilities: Facility located on Lot 4 in Valley TechPark 1. Maximum amount of financing sought 2. Estimated taxable value of the facility's real property to be constructed in the locality 3. Estimated real property tax per year using present tax rates 4. Estimated personal property tax per year using present tax rates 5. Estimated merchants' capital tax per year using present tax rates 6. a. Estimated dollar value per year of goods that will be purchased from Virginia companies within the locality b. Estimated dollar value per year of goods that will be purchased from non-Virginia companies within the locality c. Estimated dollar value per year of services that will be purchased from Virginia companies within the locality d. Estimated dollar value per year of services that will be purchased from non-Virginia companies within the locality ~' """ September 1, 1999 $7,000,000 $2,700,000 $ 30,510 $ 52,500 $ N/A $ 60,000 $ 0 $ 0 $ 0 7. Estimated number of regular employees on year round basis 76 8. Average annual salary per employee $ 26,000 INDUSTRIAL DEVELOPMENT AUTHORITY OF ROANOKE COUNTY, VIRGII~TIA By Ch 'man 667114v2 " The information contained in this Fiscal Impact Statement is based solely on facts and estimates provided by the Applicant, and the Authority has no responsibility with respect thereto. ~~ RESOLUTION OF THE INDUSTRIAL DEVELOPMENT AUTHORITY OF ROANOKE COUNTY, VIRGINIA AUTHORIZING THE ISSUANCE OF UP TO $7,000,000 IN AGGREGATE PRINCIPAL AMOUNT OF INDUSTRIAL DEVELOPMENT REVENUE BONDS FOR THE PURPOSE OF FINANCING A MANUFACTURING FACILITY WHEREAS, the Industrial Development Authority of Roanoke County, Virginia, apolitical subdivision of the Commonwealth of Virginia (the "Authority"), is empowered by the Industrial Development and Revenue Bond Act, Chapter 49, Title 15.2 of the Code of Virginia, as amended (the "Act"), to issue its revenue bonds for the purpose of inducing manufacturing, industrial and commercial facilities to locate or remain in the Commonwealth of Virginia (the "Commonwealth") and to promote the commerce, safety, health, welfare, convenience or prosperity of the citizens of the Commonwealth; WHEREAS, the Authority has received a request from Salem Vent International, Inc., a Virginia corporation (the "Applicant"), whose principal place of business is at 1209 Colorado Street, Salem, Virginia 24153, asking that the Authority issue its revenue bonds to assist the Applicant in (1) financing the acquisition, construction and equipping of a facility, with related office and storage areas, for the manufacture of vents and related products primarily for the heavy truck industry (the "Project") and (2) financing payment of the costs of issuance and any other real and personal properly appurtenant, functionally related or subordinate to the Project; WHEREAS, the issuance of bonds for the Project will induce the Applicant to locate the Project in Roanoke County, Virginia (the "County") and thereby benefit the inhabitants of the County and the Commonwealth through the increase of their commerce and through the promotion of their safety, health, welfare, convenience or prosperity; WHEREAS, the Applicant in the application filed with the Authority has described the benefits of the Project to the inhabitants of the County and the Commonwealth; WHEREAS, the Project has been described to the Authority, and a public hearing has been held as required by Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code"), and by the Act; aild WHEREAS, the Applicant has represented that the estimated cost of the Project and all expenses of the issue payable from bond proceeds will require an issue of industrial development revenue bonds in an aggregate principal amount not to exceed $7,000,000 (the "Bonds"); NOW, THEREFORE, BE IT RESOLVED BY THE INDUSTRIAL DEVELOPMENT AUTHORITY OF ROANOKE COUNTY, VIRGINIA: ~~ 1. It is hereby found and determined that the acquisition, construction and equipping of the Project will be in the public interest, will bring additional revenues and employment into the County and will promote the commerce, safety, health, welfare, convenience or prosperity of the Commonwealth, the County and their citizens. The Project is an "authority facility" within the meaning of the Act. 2. To induce the Applicant to complete the Project in the County, the Authority hereby agrees to assist the Applicant in financing the costs of the Project by undertaking the issuance of its Bonds in an amount not to exceed $7,000,000 upon terms and conditions mutually agreeable to the Authority and the Applicant and loaning the proceeds of the Bonds to the Applicant pursuant to a loan agreement or similar agreement which will provide payments to the Authority in conformity with the Act sufficient to pay the principal of, premium, if any, and interest on, the Bonds and to pay all other expenses in connection with the Project. 3. The Bonds shall be issued in form acceptable to, and pursuant to terms to be set by, the Authority, and the payment of the Bonds shall be secured by an assignment, for the benefit of the holders thereof, of the Authority's rights to payments under the loan agreement or similar agreement with respect to the Project and may be additionally secured by any other collateral, agreement or assignment. The Bonds may be issued in one or more series at one time or from time to time. The final terms of, security for, and other provisions of, the Bonds shall be determined by the adoption of a final bond resolution by the Authority. 4. It having been represented to the Authority that it is necessary to proceed immediately with the planning and acquisition, construction and equipping of the Project, the Authority hereby agrees that the Applicant may proceed with its plans for the Project, enter into contracts for construction, materials and equipment for the Project and take such other steps as it may deem appropriate in connection therewith; provided, however, that nothing herein shall be deemed to authorize the Applicant to obligate the Authority without its consent in each instance to the payment of any moneys or the performance of any acts in connection with the Project. The Authority agrees that the Applicant may be reimbursed from the proceeds of the Bonds for all costs so incurred by the Applicant, insofar as such costs are properly reimbursable under the Act and other applicable state and federal laws. 5. At the request of the Applicant, the Authority hereby appoints Mays & Valentine, L.L.P., Richmond, Virginia, as Bond Counsel to supervise the proceedings and approve the issuance of the Bonds. 6. In adopting this Resolution, the Authority intends to take "official action" toward the issuance of the Bonds and to evidence its "official intent" to the extent necessary to allow for the use of the proceeds of the Bonds to reimburse the Applicant for "original expenditures" associated with the development or financing of the Project, to the full extent permitted by Treasury Regulation Section 1.150-2. The Applicant reasonably expects that it will reimburse the "original expenditures" with the proceeds of the Bonds. 7. All costs and expenses in connection with the financing and the acquisition, construction and equipping of the Project, including but not limited to the fees and -2- E-I expenses of the Authority, Authority counsel and Bond Counsel, shall be paid from the proceeds of the Bonds or funds provided by the Applicant. If for any reason the Bonds are not issued, it is understood that all such expenses shall be paid by the Applicant and that the Authority shall have no responsibility therefor. 8. The Applicant hereby agrees to indemnify and save harmless the Authority, its officers, directors, employees and agents from and against all liabilities, obligations, claims, damages, penalties, losses, costs and expenses in any way connected with the Project, the application submitted by the Applicant or the issuance of the Bonds. 9. Neither the Authority, including its officers, directors, employees and agents, nor the County shall be liable and hereby disclaim all liability to the Applicant and all other persons or entities for any damages, direct or consequential, resulting from the failure of the Authority to issue the Bonds for any reason. 10. The Authority hereby (a) recommends that the Board of Supervisors of Roanoke County, Virginia (the "Board") approve the issuance of the Bonds to the extent required by Section 147(f) of the Code within sixty days of the date of the adoption of this Resolution by the Authority and (b) directs the Chairman or Vice Chairman and the Secretary or Assistant Secretary of the Authority to file with the Board this Resolution, a reasonably detailed summary of the statements made at the public hearing and the Applicant's Fiscal Impact Statement. 11. The Authority agrees to file a request to the Virginia Small Business Financing Authority for an allocation of up to $7,000,000 with respect to the Bonds, which allocation is a condition precedent to the issuance of the Bonds as tax-exempt obligations pursuant to federal law. The Applicant in requesting the approval of this Resolution understands that it may not receive allocation of private activity bond volume cap from the State Ceiling or otherwise and understands that the adoption of this Resolution neither carries nor implies any assurance of or commitment for an allocation, nor any obligation with respect thereto. By accepting any proceeding under authority of this Resolution, the Applicant agrees (i) to indemnify and hold the Authority harmless for any damages, direct or consequential, suffered by it as a result of any action or inaction of the Virginia Small Business Financing Authority with respect to such allocations or otherwise, and (ii) to assume the risk that the entire volume of tax exempt notes or bonds authorized to be issued in the Commonwealth in any period may be allocated to others. 12. All other acts of the officers of the Authority which are in conformity with the purposes and intent of this Resolution and in furtherance of the issuance and sale of the Bonds and the undertaking of the Project are hereby approved and confirmed. 13. This Resolution shall take effect immediately upon its adoption. ADOPTED: September 1, 1999 -3- .' ~ . ..". CERTIFICATE I, the undersigned Secretary of the Industrial Development Authority of Roanoke County, Virginia (the "Authority"), hereby certify that the foregoing is a true, correct and complete copy of the Resolution duly adopted by a majority of the Directors of the Industrial Development Authority of Roanoke County, Virginia present and voting at a meeting duly called and held on September 1, 1999, all in accordance with law, and that such Resolution has not been repealed, revoked or rescinded but is in full force and effect on the date hereof. WITNESS my hand and the seal of the Authority this 1st day of September, 1999. ~~ By Secretary INDUSTRIAL DEVELOPMENT AUTHORITY OF ROANOKE COUNTY, VIRGINIA #664521 -4- ~" ... RESOLUTION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA The Industrial Development Authority of Roanoke County, Virginia (the "Authority") has considered the request of Salem Vent International, Inc. (the "Applicant"), a Virginia corporation having its principal place of business currently at 1209 Colorado Street, Salem, Virginia 24153, for the Authority to issue, pursuant to the Industrial Development and Revenue Bond Act, Chapter 49, Title 15.2 of the Code of Virginia of 1950, as amended (the "Act"), up to $7,000,000 of its revenue bonds for a manufacturing facility (the "Bonds"). The proceeds of the Bonds will be used to assist the Applicant in (1) financing the acquisition, construction and equipping of a facility, with related office and storage areas, for the manufacture of vents and related products primarily for the heavy truck industry (the "Project") and (2) financing payment of the costs of issuing the Bonds and any other real and personal property appurtenant, functionally related or subordinate to the. Project. The Project is located on Lot 4 in Valley TechPark, the entrance to the park being off of Routes 11 and 460 approximately 3.3 miles south of Exit 137 off of Interstate 81 in Roanoke County, Virginia (the "County"). The Authority held a public hearing regarding this matter on behalf of the Authority and the County on September 1, 1999, which is a date within sixty (60) days of the adoption of this resolution. Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code"), provides that both the governmental unit having jurisdiction over the issuer of private activity bonds and the governmental unit having jurisdiction over the area in which any facility fmanced with the proceeds of private activity bonds is located must approve the issuance of the bonds. The Project is located in the County, the Authority issues its bonds on behalf of the County and the Board of Supervisors of the County (the "Board") constitutes the highest elected governmental unit of the County. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA: 1. The recitals made in the first and second paragraphs of this Resolution are hereby adopted as a part of this Resolution. 2. The Board approves the issuance of the Bonds by the Authority in an aggregate principal amount not to exceed $7,000,000 for the benefit of the Applicant, to the extent required by Section 147(f) of the Code and Section 15.2-4906 of the Act. 3. The approval of the issuance of the Bonds does not constitute an endorsement to a prospective purchaser of the Bonds of the creditworthiness of the Applicant or the Project, and, as required by the Act and Virginia law, the Bonds shall provide that none of the Commonwealth of Virginia, the County or the Authority shall be obligated to pay the principal of, premium, if any, on or the interest on, the Bonds or other costs incident thereto except from the revenues and moneys pledged therefor, and neither the faith and credit nor the taxing power of the Commonwealth of Virginia nor any political subdivision thereof shall be pledged thereto. 4. Pursuant to the limitation contained in Temporary Treasury Regulation Section Sf.103-2(f)(1), this Resolution shall remain in effect for a period of one year from the date of its adoption. 5. The County, including its elected representatives, officers, employees and agents, shall not be liable and hereby disclaims all liability for any damage to the Applicant or the Project, direct or consequential, resulting from the Authority's failure to issue the Bonds for any reason. 6. This Resolution shall take effect immediately upon its adoption. -2- ' *.. ~'~ CERTIFICATION The undersigned Clerk of the Board of Supervisors of Roanoke County, Virginia hereby certifies that the foregoing constitutes a true, correct and complete copy of a Resolution duly adopted by the Board of Supervisors of Roanoke County, Virginia at a meeting duly called and held on the 14th day of September, 1999 and during which a quorum was present and acting throughout, by the vote set forth below, and that such Resolution has not been repealed, revoked, rescinded or amended: Board Member Present/Absent Vote WITNESS, my hand and the seal of the Board of Supervisors of Roanoke County, Virginia, this day of September, 1999. Clerk, Board of Supervisors of Roanoke County, Virginia (SEAL) 11667494v1 -3- s ~ A-091499-2 Item No. ~~~ 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 14, 1999 AGENDA ITEM: Request for approval of public private partnership with Salem Vent International, Inc. COUNTY ADMINISTRATOR'S COMMENTS: ~~ °~`". ~ SUMMARY OF INFORMATION: Salem Vent International, Inc. is interested in locating a manufacturing facility in Roanoke County. The Company makes vents for the heavy truck industry and has outgrown their leased facility in the City of Salem. The staff and Industrial Development Authority have assisted the company by identifying an approximate 7.6 acre tract in Valley TechPark and passing an inducement resolution for $7,000,000 of Industrial Revenue Bond financing so that they might acquire the land and construct and equip an initial 60,000 square foot manufacturing facility and employ 76 employees. The Company desires to have the building constructed and in operation by late summer 2000. The estimated annual tax revenue from real estate and machinery and tools is $53,625. Staff proposes to fund up to $60,000 for utility connection fees for water, sewer and fire service for the new manufacturing facility. This amount falls within the three year payback formula established by the Board of Supervisors for manufacturing facilities. Staff recommends that the Board of Supervisors authorize the County Administrator to execute a performance agreement with Salem Vent International, Inc. on a form approved by the County Attorney. FISCAL IMPACT: Staff estimates that new annual tax revenues of $53,625 will offset the $60,000 public private partnership within three 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. STAFF RECOMMENDATION: 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 Salem Vent International, Inc. and provide public private partnership funds in the amount of $60,000 for utility connection fees. ~~ '. Respectfully submitted: I ~~`U Timothy W. Gubala, irector Department of Economic Development ~'° Approved: L~if~"' Elmer C. Hodge County Administrator ACTION VOTE No Yes Abs Approved (x) Motion by: Fenton F. Harrison to approve Johnson _ x Denied () Harrison _ x _ Received () McNamara_ x _ Referred () Minnix _ x _ To () Nickens x cc: File Timothy Gubala, Director, Economic Development •i A-091499-3 Item No. ~ _ ..~ 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 14, 1999 AGENDA ITEM: Request for approval of an economic development performance agreement to expand Advance Store headquarters operation and appropriation of $641,500. COUNTY ADMINISTRATOR'S COMMENTS: Recommend Approval. This is great news and cause for celebration! This represents the expansion of a major headquarters operation. The expansion of the County's tax base and increased employment opportunities for our citizens. With the acquisition of Western Auto by Advance, the Roanoke Valley stood to lose these jobs and tax base if the consolidated headquarters moved to Kansas City. We are delighted to have this take place here. Advance has recently advised that they may relocate additional functions to this new facility from their downtown Roanoke City office. If so, this will generate even more tax revenue for the County. We are grateful to the Advance Stores staff and the State of Virginia for their help in making this successful. I also wish to thank the Board of Supervisors, the Planning Commission and Joyce Waugh as well. EXECUTIVE SUMMARY: Staff has been working with the Industrial Developmental Authority (IDA) and Advance Stores, Inc. on a performance agreement which includes funds for road and traffic signal improvements on Airport Road, site work, and match for a Community Development Block Grant for Boxley Hills drainage improvements in the Hollins Magisterial District. Signals and intersection improvements will be shared 50/50 with the City of Roanoke, with a separate agreement being worked out for this purpose. Over half of the funds would be administered through the County with the remaining funds administered through the IDA for other project related costs. Advance Auto is constructing a 100,000 square foot expansion of their present headquarters as result or a recent acquisition of Western Auto Stores. Advance estimates an $8-$10 million investment and the hiring of 200 full time jobs at an annual average salary of $35,000. This is in addition to retaining an existing 400 jobs already at this location. The additional, largely clerical positions, will support their expanded 1700 retail store operation .~1 in the U.S. In addition, Roanoke County has applied fora $700,000 Community Development Block Grant (CDBG) based on the 200 jobs being made available to low and moderate income level people. The grant is to correct a long standing drainage problem in the Boxley Hills neighborhood and allow the 17.11 acre tract of land located behind Advance to be developed. As part of the County's 10% grant match, detailed engineering services will be paid from the County's $641,500 incentive funds. Staff requests that the Board of Supervisors authorize the County Administrator to execute a performance agreement the with IDA and Advance to provide $641,500 towards the costs of road and traffic signal improvements on Airport Road, site work, and CDBG match, on a form approved by the County Attorney. A total of $641,500 in tax revenue would be returned to the County over a five year time period beginning one year after occupancy of their expanded building in 2001. FISCAL IMPACT Funds are requested in the amount of $641,500 for this project. These funds can be appropriated from the County Capital Fund as follows: $414,850 from remaining budgets of completed economic development projects, and $226,650 from the Capital Fund Unappropriated Balance. The return on the County's investment through the IDA would be achieved from new real estate, personal property, and sales and use taxes within a five year time period beginning one year after occupancy of their expanded facility in 2001. Completion of the performance agreement and this project are contingent upon obtaining a $700,OOOCDBG grant, applied for by the County. Roanoke County has also requested $500,000 in Governor's Opportunity Funds, which would leverage the County's funds, if granted. ALTERNATIVES 1. Approve the economic development performance agreement to expand Advance Stores headquarters operation and appropriate $641,500, and authorize the County Administrator to execute a performance agreement with the IDA and Advance Stores, Inc. for the funding of road and traffic signal improvements on Airport Road, site work, and detailed engineering (10% required match) for a Community Development Block Grant for Boxley Hills drainage improvements in the Hollins Magisterial District on a form approved by the County Attorney. 2. Take no action at this time. l j ; STAFF RECOMMENDATION E'- Staff recommends that the Board of Supervisors approve Alternative 1 authorizing the County Administrator to execute a performance agreement with the IDA and Advance Stores, Inc. for the funding of road and traffic signal improvements on Airport Road, site work, and detailed engineering (10% required match) for a Community Development Block Grant for Boxley Hills drainage improvements in the Hollins Magisterial District on a form approved by the County Attorney, and appropriate the funds as outlined in the fiscal impact statement. Respectfully submitted: Approved: ~- "u~ J ce augh Elmer C. Hodge sst. Director of Economic Development County Administrator ACTION VOTE No Yes Abs Approved (x) Motion by: Bob L. Johnson to approve Johnson _ x _ Denied () aareement and ap~ro~riation Harrison _ x Received () McNamara- x Referred () Minnix _ x To () Nickens _ x cc: File Joyce Waugh, Assistant Director, Economic Development Paul M Mahoney, County Attorney Diane D. Hyatt, Director, Finance ACTION NO. " -_O~ ~ ~~~_~ 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 14, 1999 AGENDA ITEM: Approval of South County Park Access Grant Agreement between Roanoke County and Virginia Department of Transportation COUNTY ADMINISTRATOR'S COMMENTS: i~iy`~'0 .-~Z • 4"~' ~~~ SUMMARY OF INFORMATION: Roanoke County has received a $190,000 Recreational Access Grant from the Virginia Department of Transportation to construct a public access road to the new South County Park located off Merriman Road, between Starkey Park and the Merriman Soccer Complex. This access road is approximately one half mile in length, and will provide a direct connection from Starkey Road in to the Park. Besides providing a convenient and safe park access, this project will also make much needed improvements to the intersection of Starkey and Merriman Roads. As part of the process, Roanoke County is required to enter into a contractual agreement outlining the responsibilities of each party as it relates to the construction of this project. The attached agreement outlines those responsibilities. The access funds, coupled with the approximately $300,000 previously allocated by the Board, will be used to construct phase 1 of the park, which includes two ballfields, one soccer/football field, open green space, and picnic areas along Back Creek. The groundbreaking ceremony is tentatively scheduled for Thursday, September 16. FISCAL IMPACT: This grant saves the county the cost ($190,000) of constructing the road. STAFF RECOMMENDATION: Approve the attached agreement and authorize Chairman Bob L. Johnson to sign on behalf of Roanoke County. ~=y Respectfully s bmitted, Approved by, /~ Pet Haislip Elmer C. Hodge Director, Parks ~and~reation County Administrator ACTION VOTE No Yes Abs Approved (x) Motion by: H. Odell Minnix to approve Johnson _ x Denied () agreement Harrison _ x Received () McNamara- x Referred () Minnix _ x To () Nickens _ x cc: File Pete Haislip, Director, Parks & Recreation Paul M. Mahoney, County Attorney Arnold Covey, Director, Community Development -y County of Roanoke Project 0814-080-304, M501 Recreational Access Southwest District Park This AGREEMENT is made and entered into this day of , 1999 by and between the COMMONWEALTH OF VIRGINIA, DEPARTMENT OF TRANSPORTATION (hereinafter referred to as the "DEPARTMENT") and THE COUNTY OF ROANOKE, VIRGINIA (hereinafter referred to as the "COUNTY"); and WHEREAS, the COUNTY by Resolution 021098-4 has requested that the DEPARTMENT establish a project to assist in providing adequate access to the Southwest District Park; and, WHEREAS, the Commonwealth Transportation. Board, subject to certain contingencies, has allocated an amount not to exceed $190,000 from the Recreational Access Fund, pursuant to §33.1-223 of the Code of Virginia, to provide adequate access to the Southwest District Park, such being designated as Project 0814-080-304, M501; and, WHEREAS, the COUNTY hereby acknowledges and agrees to the contingencies of this allocation, as set forth in the March 18, 1999, resolution of the Commonwealth Transportation Board, which is made a part of this agreement by reference; and, WHEREAS, both parties wish to determine the manner of performing the work, the timing of the work to be performed, and the responsibility of each party; NOW, THEREFORE, for and in consideration of mutual covenants herein specified to be kept and performed, it is agreed by the parties hereto as follows: A. The Recreational Access project is described as the construction of an 18-foot wide asphalt pavement road 0.21 mile in length within the Southwest District Park from its intersection with Route 613 in a westerly direction to the park parking lot. Also, Route 613 will be widened to provide a turn lane into the Southwest District Park. This improvement and related preliminary engineering activities .necessary to a. construct the facility described above to the appropriate standards as shown on the approved plans shall be designated as Project 0814-080-304, M501. B. The COUNTY shall: 1. Arrange for any necessary survey and design of the project in accordance with the DEPARTMENT's Construction Plan Concept. In the event such survey and/or design necessitates the services of personnel other than employees of the COUNTY, the selection of such services shall be administered through the COUNTY's competitive bidding procedures in accordance with applicable provisions of the Virginia Procurement Act. Plans, specifications, cost estimates and related contract documents shall be presented to the DEPARTMENT for approval prior to commencement of project construction. These plans shall specifically identify the contract items and the estimated quantity of such item. All necessary costs involved with such preliminary engineering shall be considered a part of the eligible project cost. Any such item(s) not eligible for financing from the Recreational Access Fund shall be so designated on the plans or otherwise identified and agreed upon by the DEPARTMENT. Project costs incurred or project services contracted prior to March 18, 1999 will not be considered eligible for reimbursement from the Recreational Access Fund. 2. Prescribe that all items of work and material for this project's construction will be in compliance with applicable DEPARTMENT standards and specifications. 3. Prepare any required environmental documents and secure any applicable permits necessary for this project's construction. Costs associated with this work will not be considered eligible for reimbursement from the Recreational Access Fund. 4. Prior to commencement of construction on any portion of this project within the right-of--way of road(s) currently a part of the state maintained system of highways, secure a highway permit from the DEPARTMENT for such work. 2 E-~ 5. Secure all right-of--way necessary for the project's construction in accordance with approved plans, including any required slope, utility and drainage easements, in a manner satisfactory to the DEPARTMENT. The COUNTY shall certify that all such right of way is clear prior to advertisement. Costs associated with the provision of right of way will not be considered eligible for reimbursement from the Recreational Access Fund. 6. Arrange for the adjustment of any utilities in conflict with the project's construction. Costs associated with the adjustment of utilities will not be considered eligible for reimbursement from the Recreational Access Fund. 7. In accordance with the approved plans, specifications and related documents administer the project by letting it to contract through the COUNTY's competitive bidding procedures in accordance with the Virginia Procurement Act. No contractor currently disqualified from bidding on contracts with the DEPARTMENT because of collusion or any matter relating to violation of State or Federal Anti-Trust Law may participate, either as a prime contractor. subcontractor, or supplier, in any part of this project's construction. The contract proposal, documents and plans shall be submitted to the DEPARTMENT for approval. Following receipt of bids the package will be submitted to the DEPARTMENT for review and approval, prior to execution of contract. 8. Be responsible for the appropriate inspection and testing of the project's construction to assure compliance with the DEPARTMENT'S standards and specifications. However, should it be mutually agreed upon prior to the initiation of the construction, the DEPARTMENT will perform the inspection and testing. The cost of such inspection shall be considered an eligible project item for reimbursement from the Recreational Access Fund. 9. Make the project available for review by the DEPARTMENT personnel during its construction; make final inspection jointly with the DEPARTMENT upon completion of the project's construction; and obtain the DEPARTMENT'S 3 ~- `~ concurrence in the project's acceptance. 10. Maintain accurate records of all project costs in a form satisfactory to the DEPARTMENT and make such records available for review by the DEPARTMENT upon request. 11. Provide from COUNTY funds for the financing of any eligible project costs in excess of $190,000 and all ineligible project costs as determined by the DEPARTMENT. 12. Present the DEPARTMENT with proper certification and billing for project costs incurred in the design and construction of the project's eligible items, as herein prescribed, upon acceptance of the project pursuant to paragraphs B (9) and C (4). Monthly progress billings may be submitted prior to final acceptance. C. The DEPARTMENT shall: 1. Review the plans, specifications and related contract documents presented by the county pursuant to paragraph B (1), and approve them with whatever modifications, if any, it deems appropriate. 2. Upon application by the COUNTY, pursuant to paragraph B (4), issue a permit for this project's construction. This permit shall be in accordance with applicable provisions of the DEPARTMENT's current "Land Use Permit Manual", "Road Design and Standards Manual", and "Road and Bridge Specifications", which are incorporated into this Agreement by reference. No fee or bond will be required in the issuance of this permit. 3. Make a final inspection with the COUNTY upon completion of the project's construction, and if appropriate, concur in the project's acceptance. 4. Upon final acceptance of the project and receipt of COUNTY'S invoices, pursuant to the provisions of paragraph B (12), reimburse the COUNTY in an amount not to exceed $190,000 for actual costs of eligible items under the Recreational Access Program. However, in no case shall the total of such reimbursement, 4 ~- `~ including progress payments, exceed $190,000. All eligible costs in excess of the Commonwealth Transportation Board's Recreational Access Fund allocation will be paid from other sources. Any such progress payment or reimbursement shall be payable by the DEPARTMENT within 30 days of submission by the COUNTY. D. Both parties pledge to make every effort to ensure commencement of this project's construction at the earliest possible date. THIS AGREEMENT, when properly executed, shall be binding upon parties, their successors, and assigns. IN WITNESS WHEREOF, the parties of this agreement have hereunto affixed their signatures, the County of Roanoke on the Virginia Department of Transportation on the day of 1999, and the day of , 1999. COUNTY OF ROANOKE ATTEST: Mary H. Allen, Clerk to the Board of Supervisors Bob L. Johnson, Chairman Roanoke County Board of Supervisors APPROVED AS TO FORM County Attorney NOTE: Any official signing for and on behalf of a municipality or political subdivision should attach a certified copy of order, resolution, ordinance or charter provision, or a citation to statute, under the authority of which this agreement is executed. 5 E- ~ COMMONWEALTH OF VIRGIMA DEPARTMENT OF TRANSPORTATION ATTEST: David R. Gehr, Commissioner Title: APPROVED AS TO FORM Fiscal Division (VDOT) Office of the Attorney General /s/ E. H. Gibson /s/ Todd E. LePage Date: .8/10/99 Date: 8/10/99 • ~ ~ ' I ~' ~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 14, 1999 RESOLUTION 091499-5 APPROVING THE FIFTH DISTRICT EMPLOYMENT AND TRAINING CONSORTIUM DESIGNATION AS A REGIONAL WORKFORCE INVESTMENT AREA WHEREAS, the County of Roanoke has been a member of the Fifth District Employment and Training Consortium, for the oversight of Job Training Partnership Act (JTPA) funds since 1983; and WHEREAS, during the period, the citizens and employers of this community have benefitted from the provision of employment training and job placement services by the Fifth District Employment and Training Consortium; and WHEREAS, JTPA is being replaced by the Workforce Investment Act, effective July 1, 2000; and WHEREAS, the liability issue for the County remains identical as under JTPA; whereby the Consortium insurance bears liability first, then all member jurisdictions according to a population-based formula, if necessary. NOW THEREFORE, BE IT RESOLVED by the Roanoke County Board of Supervisors that County of Roanoke desires to remain a partner in the Fifth District Employment and Training Consortium to oversee Workforce Investment Act funds for workforce development and employment training. On motion of Supervisor Johnson to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson 1 NAYS: None A COPY TESTE: Mary H. Allen, CMC/AAE Clerk to the Board of Supervisors cc: File Joe Sgroi, Director, Human Resources Vickie Price, Director, 5PDC Employment and Training Consortium Wayne Strickland, Executive Director, Fifth Planning District Commission Participating Localities: Alleghany County Administrator Botetourt County Administrator Craig County Administrator Clifton Forge City Manager Salem City Manager Roanoke City Manager 2 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 14, 1999 AGENDA ITEM: Resolution Approving the Fifth District Employment and Training Consortium Designation as a Regional Workforce Investment Area COUNTY ADMINISTRATOR'S COMMENTS: Recommend Approval. The New Century Technology Council had recommended expanding the Workforce Investment Area to include all localities in the New Century Region, and I received a letter from Volvo Trucks supporting their request. However, I prefer to continue with the Fifth District Employment and Training Consortium as we have in the past. BACKGROUND: The mission statement of the Fifth District Employment and Training Consortium (FDETC) is to provide an effective workforce development system which produces well-trained, highly skilled workers; promotes a good quality of life for individuals and families; and enhances regional economic growth. Each year the FDETC provides afull-range of workforce development services designed to assist both employers and job seekers. These services range from the profiling of occupational skill requirements to the provision of career counseling supplemented by tuition-assistance and related services including job readiness. Federally funded workforce development programs are usually overhauled every ten to fifteen years. Previous system changes included the conversion from Manpower Development Training Act (MDTA) to the Comprehensive Employment and Training Act (CETA), then the transition from CETA to the Job Training Partnership Act (JTPA). Legislation passed in August 1998 requires the closeout of the Job Training Partnership Act and implementation of the new Workforce Investment Act by no later than July 1, 2000. ,~- There are 14 regional partnerships or service delivery areas (SDAs) in Virginia which receive and administer Job Training Partnership Act funds in accordance with federal regulations, state policies and local priorities. The Fifth District Employment and Training Consortium is one of these 14 SDAs, having served the four city and four county area known as the Fifth Planning District for over 25 years. Joe Sgroi, Director of Human Resources, serves on the FDETC Policy Board as Roanoke County's Representative. SUMMARY OF INFORMATION: The Workforce Investment Act (WIA) provides three options for the designation of workforce investment areas: Automatic (for a single city or county which has a population of 500,000 or more). Temporary (two year designation for any request from localities to maintain existing service delivery areas under JTPA, if certain performance and fiscal accountability criteria are met). The FDETC has met the criteria established in the WIA legislation, having met or exceeded DOL performance standards for the past two years, as well as having had no findings or concerns in audits for the same period. General (requests from single or multiple jurisdictions with populations of 200,000 or more). Under WIA, localities will retain many of the same responsibilities as under JTPA, including liability for any disallowed costs, appointment of members to the Workforce Investment Board and approval of comprehensive workforce development plans. In 16 years of operating under JTPA, FDETC liability safeguards have proven effective in preventing any disallowed costs. At their August 20, 1999 meeting, the FDETC Policy Board voted to request temporary designation of the existing service area as the region's workforce investment area, and to maintain the Fifth District Employment and Training Consortium as the administrative entity and the city of Roanoke as the fiscal agent. (Should any member jurisdiction opt to withdraw, the remaining jurisdictions will submit a request for a smaller workforce investment area, under the third option). FISCAL IMPACT: None, based upon past performance and history of the FDETC. C '" STAFF RECOMMENDATION: Staff recommends approval of the temporary two year designation as voted on by the FDETC Policy Board with the FDETC remaining as the administrative entity and the City of Roanoke as the fiscal agent contingent upon approval by the other localities in the Fifth Planning District. Submitted by, J e J Sgroi Director of Human Resources ACTION Approved by, ~~ s,,y, Elmer C. Hodge County Administrator Approved () Motion by: Johnson Denied () Harrison Received () McNamara Referred () Minnix To () Nickens VOTE No Yes Abs cc: File r ~°- J AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 14, 1999 RESOLUTION APPROVING THE FIFTH DISTRICT EMPLOYMENT AND TRAINING CONSORTIUM DESIGNATION AS A REGIONAL WORKFORCE INVESTMENT AREA WHEREAS, the County of Roanoke has been a member of the Fifth District Employment and Training Consortium, for the oversight of Job Training Partnership Act (JTPA) funds since 1983; and WHEREAS, during the period, the citizens and employers of this community have benefited from the provision of employment training and job placement services by the Fifth District Employment and Training Consortium; and WHEREAS, JTPA is being replaced by the Workforce Investment Act, effective July 1, 2000; and WHEREAS, the liability issue for the County remains identical as under JTPA; whereby the Consortium insurance bears liability first, then all member jurisdictions according to a population-based formula, if necessary. NOW THEREFORE, BE IT RESOLVED, the Roanoke County Board of Supervisors supports the Fifth District Employment and Training Consortium to oversee Workforce Investment Act funds for workforce development and employment training. ACTION NUMBER ITEM NUMBER l""" AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 14, 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 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 ,~ r 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 and public utility easement as shown on the attached map (Exhibit "A"). The is the first reading of the proposed ordinance; 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. MITTED BY: Arnold Covey, Director Department of Communit Development Approved ( ) Denied ( ) Received ( ) Referred ( ) To ( ) ACTION Motion by: APPROVED BY: Elmer C. Hodge County Administrator VOTE No Yes Abs Harrison Johnson McNamara Minnix Nickens 2 .. ~~ 5g ~ 5794 ~J ~ `; ( ~ ; ~~ 2 92? • B.O. .y~ ~ ~ ~,~ • j ~ X gg i •~~ ~ r ~~ 2 ~ 5198 0 ~ • ~ ~ ~ p 1 ~ 1. • •~•~ l 174.15 ~ 267.44 J ~'o 'a 0 2 ~ (Rr ~ °•8 ~ 71.71 5 2 ..~ .~~ ~' y • ,8.~2 4 NO .~ ~, 21.63 51C w+...~ ~ • ~ ~"? 3 339 ~ Property of ~ 3 ~ 6 ryo, 5115 80.08 108.67 Wifliam E. & Lorraine S ^ ~ 25 5 s Lange ~ • o0 5215 7 ~ ` ~ 3 2 6. ~rJ. N ~j 3. ` ~ `: 619 ~ 5123 ~ 1.51 Ac. 4. !~ RIGHT OF WAY TD HE1, 1 ~ to ~ 5211 VACATED AND TO REMAIN, 5207 a so' WATER, SEWER 26• ^° 0 v ~ DRAINAGE, AND PUBLIC 79.88 73.41 M~ UTILITY EASEMEN 3 "~• ?• ~ 5 ~4j Y' I 8 39.3 ry 986 5131 ~ 5201 1 4 .I N ~ ^DO ~ I 80 85 3g•32 ; ~ J 27. a`' ~ 30. •o- 5214 o ~ N M 19 N 20 8~~ 65 36• ^ S? 5141 0, ~ ~ ~ ~ 5134 ¢ . . ~ ~ ~ ~ 5210 ~ 21. 5202 188 31 `~ 020$ , Gj0 , ~ . ~ ~ ~9A s 100 31 O ~ O1 rn 5206 N 22 ~ \ 1 Ditch o Creek ,~ ry~• 28. 1 s 7 • . Property of ~ y a ' 15 0~ ~ 81.08 71 7g 100 B Ron F. & Michele C. 7g Csove ~ g~ ~8 .. ~ 23. 5L \ ~~ 12 100 1 5225 186 1 108.65 d• ~ 28' ~ °~• 5217 44 1O 100 '~ ~ 5148 ~ ~ ~ . ~ 43 _ ~ 3.1 ~ a m . 4 o 9 ~ 4 ^ 520> 41 rs N 1.s7 A~. ~ o a• ~' ~ 40 . a9 ~ W . ~ to , ~ 100 100 C'~. ~ ~ 46.4 3p 55 38 19 6S • W ` ~ ~ ~ ~~~ ~ 4 > 2R 170 ~ •. -~ >O 0 •, 3 ~ too rooms ` . N \ N o l 3. 6 a~; ~ ~ ' ~`'• 4.0. I RS S 24• . o ~ ~ ~; •~ ~ 37. 52 A 16 ~ 64.8 ~ 5202 ` 1 ~ B ~ h 0 ~ 5224 0 38, i~ 5210 `~~ ' 130 39. 157.01 ~ 5 ~ i ~ 1 `- 107.79 >a ROANOKE COUNTY Map Showing Area DEPARTMENT OF To Be Vacated COMMUNITY DEVELOPMENT Tax Map No. 76.20-5-22 f~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 14, 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 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, NoTTII~rGHAM TITLES", 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 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 REMAIl~T A 50' WATER, SEWER, DRAINAGE, 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 ~-" 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 Off ce of the Circuit Court of Roanoke County, Virginia, in accordance with § 15.2-2272.2 of the Code of Virginia (1950, as amended). G: WTTORNEIIVLH\AGENDA\ VACATE\CAVESPRG.LN 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 14, 1999 SUBJECT: First 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: Recommend Approval of first reading of the ordinance. We are making good progress with the City staff in negotiating the agreement but there are several recent changes that I do not agree with. The only significant change is a request for the guarantee of the availability of 4 mgd before water is transported through the City system to the other areas of Roanoke County. This is a new request and one with which I do not agree. I believe we can resolve it by the second reading of the ordinance. The City staff plans to bring the agreement to City Council for approval on September 20. 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 the construction of Spring Hollow, 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. 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. ~~ 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. - Both the County and the City could purchase surplus water from the other party with an equal rate for both parties. - 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. - 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. The details of the contract are still being edited and it is anticipated that an acceptable document will be ready prior to the second reading of this ordinance on September 28, 1999. 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: Gary Roberts n, P.E. Utility Director Approved ( ) Denied () _ Received ( ) Referred to ACTION Motion by: APPROVED: ~~~~~''~ Elmer C. Hod e County Administrator VOTE No Yes Abs Harrison Johnson McNamara 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 14, 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 .~. 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, 2019. 5. That this ordinance shall take effect immediately upon its adoption. G: \ATTORNEY\PMM\UTILTfY\CITYWATR.oRD 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 14, 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: /~„~'„"~ ~ ~~ 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. 1 /~~ - The first reading of this ordinance is scheduled for 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, `,l, 1`I \ Paul M. Mahoney County Attorney Approved ( ) Denied ( ) Received ( ) Referred to Motion by: ACTION VOTE No Yes Abs Harrison _ _ Johnson _ _ _ McNamara _ _ _ Minnix _ _ Nickens 2 ~'' AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 14, 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\UTILITY\BOTSELL.ORD 2 ~~ 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. 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: /"' "'" ~` 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 Approved as to form: Botetourt County Attorney ~=3 BOTETOURT COUNTY, VIRGINIA BY: County Administrator 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 14, 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 first 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) Lingerfelt 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. Sl.yB104,ITTED BY: Arn'251d Covey, Director Department of Community D Approved ( ) Denied ( ) Received ( ) Referred ( ) To ( ) ACTION Motion by: APPROVED BY: ~r+~~ Elmer C. Hodge opment County Administrator pc: Vickie Huffman, Assistant County Attorney Gary Robertson, Director, Utility Department VOTE Harrison Johnson McNamara Minnix Nickens No Yes Abs 2 ,~ Existing Water Line Easement to be vacated from Point A to Point B nrA1ER LINE.EAh~MENi ... c, ~.n•N50°22 ~aeti'01°E C; N~ r •u ~~ Request to Vacate a major portion of a 20' Water Line Easement Recorded in Plat Book 12, Page 33 New Tracts 1D,lE,1F,3A,3B,&4A Va1leyPointe 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 ~ Request to Vacate a major portion of a ROANO~E COUNTY D~'PA,~TMENT OF 20' Water Line Easement, Plat Book 12, Page 33, COMMUNITY D~'YELOPM~'NT across property of Liberty Property Development Corporation at Valley Park Center, Va1leyPointe EXHIBIT A 'W ~~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 14, 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. 3 7.07-1-16, 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)....CREATINGNEW 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-l, 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 ~~ ~~ 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 ~~ 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 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 14, 1999 ORDINANCE 091499-6 AUTHORIZING THE ACQUISITION OF 1.07 ACRES OF LAND FROM PHILIP TROMPETER AND CONSTANCE TROMPETER HAUSMAN IN CONNECTION WITH THE ROANOKE COUNTY CENTER FOR RESEARCH AND TECHNOLOGY WHEREAS, in connection with the development of the Roanoke County Center for Research and Technology, it is necessary to acquire certain easements for road construction and water line installation; and, WHEREAS, Philip Trompeter and Constance Trompeter Hausman are the owners of a 1.07-acre parcel of land along Glenmary Drive, designated on the Roanoke County Land Records as Tax Map No. 64.01-3-1; and, WHEREAS, a significant portion of the Trompeter property is required for the easements related to this project; and, WHEREAS, staff has reviewed the plans with the property owners and the Trompeters have offered to sell the entire parcel of land to the County for the sum of $4,000; and, WHEREAS, Section 18.04 of the Roanoke County Charter directs that the acquisition of real estate be accomplished by ordinance; the first reading of this ordinance was held on August 24, 1999, and the second reading was held on September 14, 1999. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, as follows: 1. That the acquisition and acceptance of the parcel of land, consisting of 1.07 acres, more or less, located in the Catawba Magisterial District on Glenmary Drive and designated on the Roanoke County Land Records as Tax Map #64.01-3-1, from Philip Trompeter and Constance Trompeter Hausman for the sum of $4,000.00 is hereby authorized and approved. 2. That the funds for this acquisition and related costs shall be paid out of the funds previously appropriated to this project in the Capital Improvement Fund. 3. That the County Administrator or an Assistant County Administrator is authorized to execute such documents and take such actions on behalf of Roanoke County in this matter as may be necessary to accomplish the acquisition of this property, all of which shall be approved as to form by the County Attorney. 4. That this ordinance shall be effective on and from the date of its adoption. On motion of Supervisor Harrison to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None A COPY TESTE: y'Y~cc~_ ~ Mary H. Allen, CMC/AAE Clerk to the Board of Supervisors cc: File Melinda J. Cox, Economic Development Specialist Arnold Covey, Director, Community Development Diane D. Hyatt, Director, Finance John W. Birckhead, Director, Real Estate Assessment Paul M. Mahoney, County Attorney 2 Item No. v ~ / 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 14, 1999 AGENDA ITEM: Second reading of an ordinance authorizing acquisition of property on Glenmary Drive (Map No. 64.00-3-1) from Philip Trompeter and Connie Hausman fora 24" waterline extension into the Roanoke County Center for Research & Technology. COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Roanoke County hired Hayes, Seay, Mattern &Mattern (HSMM) to design the Phase I, Stage I development plan for the Center for Research & Technology. As part of the Water Design Plans and Profiles, HSMM in conjunction with Lumsden Associates and in consultation with the Roanoke County Utility Department proposed a waterline path which will require the acquisition of property or the purchase of permanent easements on private property along the right-of-way on Glenmary Drive. The property (Tax Map No.64.01-3-1) is owned by the Trompeter family and consists of 1.07 acres. The 1999 tax assessment value is $3,200 and the Trompeter family has requested a sales price of $4,000 in a fee simple purchase. A Phase I Environmental Assessment was completed by Environmental Directions, Inc. The report recommended no further action based on the fact that there were no visual environmental concerns. FISCAL IMPACT: The property will be purchased with monies appropriated for this capital improvement project in the FY99-00 budget process. STAFF RECOMMENDATION: 1. 2. ~' Authorize the acquisition of the Trompeter property located in the 5400 block of Glenmary Drive for $4,000 if all contract contingency items are successfully met. Decline to approve the acquisition of the Trompeter property located in the 5400 block of Glenmary Drive and instruct HSMM and Lumsden to design a new waterline path. Respectfully submitted: l/k~N k. Melinda J. Cox Economic Development Specialist Approved: Elmer C. Hodge County Administrator ACTION Approved ( ) Denied ( ) Received ( ) Referred to Motion by: No Yes Abs Harrison Johnson _ McNamara _ Minnix Nickens ~-i AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 14, 1999 ORDINANCE AUTHORIZING THE ACQUISITION OF 1.07 ACRES OF LAND FROM PHILIP TROMPETER AND CONSTANCE TROMPETER HAUSMAN IN CONNECTION WITH THE ROANOKE COUNTY CENTER FOR RESEARCH AND TECHNOLOGY WHEREAS, in connection with the development of the Roanoke County Center for Research and Technology, it is necessary to acquire certain easements for road construction and water line installation; and, WHEREAS, Philip Trompeter and Constance Trompeter Hausman are the owners of a 1.07- acre parcel of land along Glenmary Drive, designated on the Roanoke County Land Records as Tax Map No. 64.01-3-1; and, WHEREAS, a significant portion of the Trompeter property is required for the easements related to this project; and, WHEREAS, staffhas reviewed the plans with the property owners and the Trompeters have offered to sell the entire parcel of land to the County for the sum of $4,000; and, WHEREAS, Section 18.04 of the Roanoke County Charter directs that the acquisition of real estate be accomplished by ordinance; the first reading of this ordinance was held on August 24, 1999, and the second reading was held on September 14, 1999. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, as follows: 1. That the acquisition and acceptance of the parcel of land, consisting of 1.07 acres, more or less, located in the Catawba Magisterial District on Glenmary Drive and designated on the Roanoke County Land Records as Tax Map #64.01-3-1, from Philip Trompeter and Constance Trompeter Hausman for the sum of $4,000.00 is hereby authorized and approved. -- 2. That the funds for this acquisition and related costs shall be paid out of the funds previously appropriated to this project in the Capital Improvement Fund. That the County Administrator or an Assistant County Administrator is authorized to execute such documents and take such actions on behalf of Roanoke County in this matter as may be necessary to accomplish the acquisition of this property, all of which shall be approved as to form by the County Attorney. 4. That this ordinance shall be effective on and from the date of its adoption. G:\ATTORNEY\VLH~AGENDA\TROMPETR.ORD 2 n _-, ,:.~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 14, 1999 ORDINANCE 091499-7 AUTHORIZING THE ACQUISITION OF A SLOPE AND DRAINAGE EASEMENT FROM EMMETT I. GRISSO, JR., AND MARY C. GRISSO IN CONNECTION WITH THE ROANOKE COUNTY CENTER FOR RESEARCH AND TECHNOLOGY WHEREAS, in connection with the development of the Roanoke County Center for Research and Technology, it is necessary to acquire certain easements for road construction and water line installation; and, WHEREAS, Emmett I. Grisso, Jr., and Mary C. Grisso are the owners of a 3.99-acre parcel of land along Glenmary Drive, designated on the Roanoke County Land Records as Tax Map No. 64.01-4-1; and, WHEREAS, a permanent slope and drainage easement is required across the Grisso property for this project; and, WHEREAS, staff has negotiated with the property owners for the acquisition of said easement and the owners have agreed to accept the sum of $500.00 for the necessary easements, together with the County's agreement to replace the existing farm road into the property and to permit the property owner to retain all timber cut from the property; and, WHEREAS, Section 18.04 of the Roanoke County Charter directs that the acquisition of real estate be accomplished by ordinance; the first reading of this ordinance was held on August 24, 1999, and the second reading was held on September 14, 1999. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, as follows: 1. That the acquisition and acceptance of a permanent slope and drainage easement, of variable width, and consisting of .27 acres (11,550 square feet), along Glenmary Drive in the Catawba Magisterial District, across the property of Emmett I r Grisso, Jr., and Mary C. Grisso, designated on the Roanoke County Land Records as Tax Map No. 64.01-4-1, for the sum of $500.00 is hereby authorized and approved. 2. That the funds for this acquisition and related costs shall be paid out of the funds previously appropriated to this project in the Capital Improvement Fund. 3. That the County Administrator or an Assistant County Administrator is authorized to execute such documents and take such actions on behalf of Roanoke County in this matter as may be necessary to accomplish the acquisition of this property, all of which shall be approved as to form by the County Attorney. 4. That this ordinance shall be effective on and from the date of its adoption. On motion of Supervisor Harrison to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None A COPY TESTE: ~. .~ Mary H. Allen, CMC/AAE Clerk to the Board of Supervisors cc: File Melinda J. Cox, Economic Development Specialist Arnold Covey, Director, Community Development Diane D. Hyatt, Director, Finance John W. Birckhead, Director, Real Estate Assessment Paul M. Mahoney, County Attorney 2 Item No. ~~ 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 14, 1999 AGENDA ITEM: Second reading of an ordinance authorizing the purchase of a permanent slope and drainage easement at Glenmary Drive (5400 Block -Map No. 64.00-4-1) from Emmett I. and Mary Jane Grisso fora 24" waterline extension into the Roanoke County Center for Research & Technology. COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Roanoke County hired Hayes, Seay, Mattern &Mattern (HSMM) to design the Phase I, Stage I development plan for the Center for Research & Technology. As part of the Water Design Plans and Profiles, HSMM in conjunction with Lumsden Associates and in consultation with the Roanoke County Utility Department proposed a waterline path which will require the acquisition of property or the purchase of permanent easements on private property along the right-of-way on Glenmary Drive. The property (Tax Map No. 64.01-4-1) is owned by the Grisso family and consists of .27 acres or 11,550 square feet. The 1999 tax assessment value is $14,500 for the entire 3.99 acre tract. The Grisso family has requested a sales price of $500 for a permanent slope and drainage easement, a farm road into the property to be reconstructed, and possession of all timber cut during the installation process. FISCAL IMPACT: The property will be purchased with monies appropriated for this capital improvement project in the FY99-00 budget process. STAFF RECOMMENDATION: 1. Authorize the acquisition of the permanent slope and drainage easement across the Grisso property located in the 5400 block of Glenmary Drive for $500 if all contract contingency items are successfully met. 2. Decline to approve the acquisition of the Grisso easement located in the 5400 block of Glenmary Drive and instruct HSMM and Lumsden to design a new waterline path. Respectfully submitted: ~ ~a - C~ Melinda J. Cox Economic Development Specialist ACTION Approved ( ) Denied () _ Received ( ) Referred to Approved: Elmer C. Hodge County Administrator Motion by: No Yes Abs Harrison _ _ _ Johnson _ _ _ McNamara _ _ _ Minnix Nickens G- ~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 14, 1999 ORDINANCE AUTHORIZING THE ACQUISITION OF A SLOPE AND DRAINAGE EASEMENT FROM EMMETT I. GRISSO, JR., AND MARY C. GRISSO IN CONNECTION WITH THE ROANOKE COUNTY CENTER FOR RESEARCH AND TECHNOLOGY WHEREAS, in connection with the development of the Roanoke County Center for Research and Technology, it is necessary to acquire certain easements for road construction and water line installation; and, WHEREAS, Emmett I. Grisso, Jr., and Mary C. Grisso are the owners of a 3.99-acre parcel of land along Glenmary Drive, designated on the Roanoke County Land Records as Tax Map No. 64.01-4-1; and, WHEREAS, a permanent slope and drainage easement is required across the Grisso property for this project; and, WHEREAS, staff has negotiated with the property owners for the acquisition of said easement and the owners have agreed to accept the sum of $500.00 for the necessary easements, together with the County's agreement to replace the existing farm road into the property and to permit the property owner to retain all timber cut from the property; and, WHEREAS, Section 18.04 of the Roanoke County Charter directs that the acquisition of real estate be accomplished by ordinance; the first reading of this ordinance was held on August 24, 1999, and the second reading was held on September 14, 1999. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, as follows: 1. That the acquisition and acceptance of a permanent slope and drainage easement, of variable width, and consisting of .27 acres (11,550 square feet), along Glenmary Drive in the Catawba (~-o~ Magisterial District, across the property of Emmett I. Grisso, Jr., and Mary C. Grisso, designated on the Roanoke County Land Records as Tax Map No. 64.01-4-1, for the sum of $500.00 is hereby authorized and approved. 2. That the funds for this acquisition and related costs shall be paid out of the funds previously appropriated to this project in the Capital Improvement Fund. 3. That the County Administrator or an Assistant County Administrator is authorized to execute such documents and take such actions on behalf of Roanoke County in this matter as may be necessary to accomplish the acquisition of this property, all of which shall be approved as to form by the County Attorney. 4. That this ordinance shall be effective on and from the date of its adoption. G:\ATTORNEY\VLH\AGENDA\GRISSO.ORD 2 ~ - .~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 14, 1999 ORDINANCE 091499-8 AMENDING DIVISION 2, "USE VALUE ASSESSMENT OF CERTAIN REAL ESTATE", OF CHAPTER 21, "TAXATION", OF THE ROANOKE COUNTY CODE, SPECIFICALLY SECTIONS 21-52, 21-53, 21-56, 21-57, 21-58, 21-60 THE REPEAL OF SECTIONS 21-55, ALL IN ORDER TO BRING THESE PROVISIONS INTO COMPLIANCE WITH VARIOUS AMENDMENTS TO STATE LAW BY THE VIRGINIA GENERAL ASSEMBLY WHEREAS, the provisions of the County Code concerning use value assessments have not been revised since 1989; and, WHEREAS, the General Assembly for the Commonwealth of Virginia has adopted several amendments to the State Code with respect to the authorizing legislation applicable to use value assessments, and this ordinance amends the County Code to reflect these amendments; and, WHEREAS, the first reading of this ordinance was held on August 24, 1999, and the second reading was held on September 14, 1999. NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That Division 2, "Use Value Assessment of Certain Real Estate", of Chapter 21, "Taxation", of the Roanoke County Code be amended to read and provide as follows: Chapter 21 TAXATION DIVISION 2. USE VALUE ASSESSMENT OF CERTAIN REAL ESTATE 1 Sec. 21-51. Findings. The County of Roanoke finds that the preservation of real estate devoted to agricultural, horticultural, forest and open space uses within its boundaries is in the public interest and, having heretofore adopted a land use plan, hereby ordains that such real estate shall be taxed in accordance with the provisions of article 4 of chapter 32 of title 58.1 of the Code of Virginia; the standards prescribed by the Director of the Virginia Department of Conservation and Recreation, the Virginia Commissioner of Agricultural and Consumer Service, and the State Forester; and this division. Sec. 21-52. Applications for special assessment; fees. (a) Applications for taxation of real estate on the basis of use assessment shall be submitted to the real estate assessor on forms provided by the Virginia Department of Taxation and supplied by the real estate assessor. The application shall include such additional schedules, photographs, and drawings as may be required by the real estate assessor. (b) Applications shall be submitted: (1) At least sixty (60) days preceding the tax year for which such taxation is sought; or (2) In any year in which a general reassessment is being made, until thirty (30) days have elapsed after the notice of increase in assessment has been mailed to the property owner in accordance with section 58.1- 3330 of the Code of Virginia, or sixty (60) days preceding the tax year, whichever is later. 2 (c) The application shall be signed by all owners of the subject property. An owner of an undivided interest in the property may apply on behalf of owners that are minors or that cannot be located, upon submitting an affidavit attesting to such facts. (d) A separate application shall be filed for each parcel tract shown on the land book. (e) An application fee of thirty dollars ($30.00), plus thirty cents ($0.30) per acre or portion thereof contained in each parcel, shall accompany each application. (f) An application may be filed within no more than sixty (60) days after the filing deadline specified in subparagraph (b) above upon payment of a late filing fee in the sum of forty dollars ($40.00). (g) An application shall be submitted whenever the use or acreage of such land previously approved changes; provided however, that no application fee shall be required when a change in acreage occurs solely as a result of a conveyance necessitated by governmental action or condemnation of a portion of any land previously approved. (h) If any tax on the land affected by an application is delinquent when the application is filed, then the application shall not be accepted. Upon payment of all delinquent taxes, interest and penalties relating to such land, the application shall then be treated in accordance with this section. (i) Such property owner must revalidate annually with the real estate assessor any application previously approved. The revalidation application must be returned to the Office of Real Estate Valuation on or before December 5th of the year preceding the year for which the revalidation becomes effective. A revalidation fee of thirty dollars ($30.00), plus thirty cents ($0.30) per acre or portion thereof contained in each parcel, shall 3 accompany each application for revalidation every sixth year. Late filing of a revalidation form must be made on or before the effective date of the assessment (January 1st) and accompanied with a late filing fee of forty dollars ($40.00). State Law Reference: Code of Virginia, § 58.1-3234. Sec. 21-53. Determination of use value and assessment. (a) Promptly upon receipt of an application, the real estate assessor shall determine whether the subject property meets the criteria for use value assessment and taxation under this division, article 4 of chapter 32 of title 58.1 of the Code of Virginia, and the applicable standards prescribed thereunder by the Director of the Department of Conservation and Recreation, the Commissioner of Agriculture and Consumer Services and the State Forester. (b) Minimum acreage. (1) Real estate devoted solely to: a. Agricultural or horticultural use, as defined in section 58.1-3230 of Chapter 32 of Title 58.1, shall consist of a minimum of five (5) acres; b. Forest use, as defined in section 58.1-3230 of Chapter 32 of Title 58.1, shall consist of a minimum of twenty (20) acres; c. Open space use, as defined in section 58.1-3230 of Chapter 32 of Title 58.1, shall consist of a minimum of five (5) acres (maybe expanded, it is at the localities discretion--1990 acts ofAssembly) except that real estate adjacent to a scenic river, 4 a scenic highway, a Virginia Byway or public property shall consist of a minimum of two (2) acres. A scenic river, scenic highway, Virginia Byway or public property under this paragraph means those which are listed in the State Comprehensive Outdoor Recreational Plan, also known as the Virginia Outdoors Plan, a copy of which can be obtained from the Department of Conservation and Recreation, 203 392 Governor Street, Suite 302 293, Richmond, VA 23219. (2) a. The foregoing requirements for minimum acreage shall be determined by adding together the total area of contiguous real estate excluding recorded subdivision lots, recorded after July 1, 1983, titled in the same ownership. For purposes of this section, properties separated only by a public right-of-way are considered contiguous. b. Where contiguous real estate in agricultural, horticultural, forest or open-space use in one ownership is located in more than one taxing locality, compliance with the minimum acreage shall be determined on the basis of the total area of such real estate and not the area which is located in the particular taxing locality. (c) In addition to meeting the foregoing requirements for minimum acreage, real estate devoted to open space use shall be: (1) Within an agricultural, a forestal, or an agricultural and forestal district 5 entered into pursuant to Chapter 43 (section 15.2-4300 et seq.) of Title 15.2 of the Code of Virginia, or (2) Subject to a recorded perpetual easement, restrictive covenant or equitable servitude that is held by a public body, and that promotes the open space use classification as defined in section 58.1-3230 of the Code of Virginia, or (3) Subject to a recorded commitment meeting the standards prescribed by the director of the Virginia Department of Conservation and Recreation and entered into by the landowner with the county, not to change the use to a nonqualifying use for a time period stated in the commitment. The commitment may last for up to 10 years, as negotiated by the landowner and the Department of Real Estate Valuation, with deference given to the landowner's choice, as long as it is in coordination with the county land-use plan established by the Department of Community Development, but in no case shall the commitment be less than 4 years. The Department of Real Estate Valuation may seek the advice of the County Planner or Department of Community Development when determining the appropriate length for such commitments. The County Administrator authorizes the Director of the Department of Real Estate Valuation to sign binding standard form contracts with discretion as to the length of commitment, as provided by the County Attorney's office and 6 prepared in accordance with the standards prescribed by the Director of the Department of Conservation and Recreation, for the inclusion of real property into the use value assessment program based on a commitment not to change the use to a nonqualifying use for the duration of the contract. Such commitment shall run with the land for the applicable period and may be terminated in the manner provided in Section 15.2-4314 of the Code of Virginia (d) If the real estate assessor determines that the property does meet such criteria, he shall determine the value of such property for its qualifying use based on the methods described in subsections A, B, and C of section 58.1-3236 of the Code of Virginia, as well as its fair market value as applied to other real estate in the taxing jurisdiction. (e) In determining whetherthe subject property meets the criteria for "agricultural use" or "horticultural use" the real estate assessor may request an opinion from the Commissioner of Agricultural and Consumer Services; in determining whether the subject property meets the criteria for "forest use" he may request an opinion from the State Forester; and in determining whether the subject property meets the criteria for "open space use" he may request an opinion from the Director of Conservation and Recreation. Upon the refusal of the Commissioner of Agriculture and Consumer Services, State Forester, or the Director of the Department of Conservation and Recreation to issue an opinion, or in the event of an unfavorable opinion which does not comport with standards set forth by the respective director, the party aggrieved may seek relief from any court of record wherein the real estate in question is located. If the court finds in his favor it may issue an order which shall serve in lieu of an opinion for the purposes of this division. (Ord. No. 101089-4, § 1, 10-10-89) State Law Reference: Code of VA, §58.1-3233, 58.1-3241. Sec. 21-54. Taxation based on qualifying use. The use value and fair market value of any qualifying property shall be placed on the land book before delivery to the treasurer, and the tax shall be extended from the use value. Continuation of valuation, assessment and taxation based upon land use shall depend on continuance of the real estate in a qualifying use, continued payment of taxes as required in section 58.1-3235 and compliance with other requirements of article 4 of chapter 32 of title 58.1 of the Code of Virginia, the applicable standards prescribed by the Director of the Virginia Department of Conservation and Recreation, the Virginia Commissioner of Agriculture and Consumer Services and the State Forester, and this division, and not upon continuance in the same owner of title to the land. SLEAC Manual, Ft. Note #14, of the revised model ordinance, may explain the deletion below. It states that special tax statements should reflect both the tax to be paid and the RBT. It is administratively simpler. State Law Reference: Code of Virginia, § 58.1-3234 (Ord. No. 101089-4, § 1, 10-10-89) 8 ~~ Enabling Act authority removed: 1993 Acts of Assembly, Chapter 102, Page 107. (see explanation above--simpler.) (Ord. No. 101089-4, § 1, 10-10-89) Sec. 21-56. Delinquent taxes. If on ~trrre April 1 of any year the taxes for any prior year on any parcel of real property which has special assessment as provided for in this division are delinquent, the county shall send notice of that fact and the general provisions of section 58.1-3235 of the Code of Virginia to the property owner byfirst-class mail. If after sending such notice, such delinquent taxes remain unpaid on e~ June 1, the treasurer shall notify the real estate assessor who shall remove such parcel from the land use program. Such removal shall become effective for the current tax year. (1994 Act of Assembly, Chapter 199, Pg. 290) State Law Reference: Code of Virginia, § 58.1-3235. (Ord. No. 101089-4, § 1, 10-10-89) Sec. 21-57. Change in use, zoning or area; roll-back taxes. There is hereby imposed aroll-back tax and interest thereon in such amounts as may be determined under Virginia Code section 58.1-3237 and determined by using a simple interest rate established at ten (10) percent per year on real estate which has qualified for assessment and taxation on the basis of use under this division, upon one or more of the following occurrences: 9 (Delinquent Real Estate has a ten percent penalty applied the day it becomes delinquent and a monthly interest rate of .0083. The .0083 is equivalent to ten percent per year (According to Treasure's Office).) (a) When the use by which it qualified changes to a more intensive use or a nonqualifying use; (b) When it is rezoned to a more intensive use at the request of the owner or his agent, as described in section 58.1-3237 of the Code of Virginia; or (c) When one or more parcels, lots or pieces of land are separated or split off from the real estate, as described in section 58.1-3241 of the Code of Virginia. When the use by which real estate qualified changes to a more intensive use or a nonctualifying use, or when the real estate is rezoned to a more intensive use at the request of the owner or his agent such additional taxes shall only be assessed against that portion of such real estate which no longer qualifies for assessment and taxation on the basis of use or zoning. Liability to the roll-back taxes shall attach when a change in use occurs, or a change in zoning of the real estate to a more intensive use at the request of the owner or his agent occurs. No real property rezoned to a more intensive use at the request of the owner or his agent shall be eligible for taxation and assessment under this article, provided that these provisions shall not be applicable to any rezoning which is required for the establishment, continuation, or expansion of a qualifying use. If the property is subsequently rezoned to agricultural, horticultural, or open space, it shall be eligible for consideration for assessment and taxation under this ordinance only after three years have 10 passed since the rezoning was effective. Liability to the roll-back taxes shall not attach when a change in ownership of title of all the real estate which is assessed under this division on a separate application, filed as required by section 21-52 D of this division, and meeting the minimum acreage requirements takes place if the new owner does not rezone the real estate to a more intensive use and continues the real estate in the use for which it is classified under the conditions prescribed in this ordinance and article 4 of chapter 32 of title 58.1 of the Code of Virginia. State Law Reference: Code of Virginia, § 58.1-3237. (Ord. No. 101089-4, § 1, 10-10-89) Sec. 21-58. Failure to report changes; misstatements in application. (a) The owner of any real estate liable for roll-back taxes shall, within sixty (60) days following a change in use or zoning, report such change to the real estate assessor on such forms as may be prescribed. The real estate assessor shall forthwith determine and assess the roll-back tax, which shall be paid to the treasurer within thirty (30) days of assessment by the owner of the property at the time the change in use which no longer qualifies occurs, or at the time of the zoning of the real estate to a more intensive use at the request of the owner or his agent occurs. Upon failure to report within sixty (60) days following such change in use or zoning at the request of the owner or his agent or failure to pay within thirty (30) days of assessment or both, such owner shall be liable for an additional penalty equal to ten (10) percent of the amount of the roll-back tax and interest, which penalty shall be collected as a part of the tax. In addition to such penalty for failure 11 to make required report, there is hereby imposed interest of one-half ('/2) percent of the amount of the roll-back tax, interest and penalty, for each month or fraction #atlar~e thereof during which the failure continues. (b) Any person making material misstatements of fact other than a clerical error in any application filed pursuant hereto shall be liable for all taxes, in such amounts and at such times as if such property had been assessed on the basis of fair market value as applied to other real estate together with interest and penalties thereon, and he shall be further assessed with an additional penalty of one hundred (100) percent of such unpaid taxes. The term "material misstatement of fact" shall have the same meaning as it has under section 58.1-3238 of the Code of Virginia. Sec. 21-59. Application of title 58.1 of the Code of Virginia. The provisions of title 58.1 of the Code of Virginia applicable to local levies and real estate assessment and taxation shall be applicable to assessments and taxation hereunder mutatis mutandis including without limitation, provisions relating to tax liens and the correction of erroneous assessments, and for such purposes the roll-back taxes shall be considered to be deferred real estate taxes. 12 Sec.21-60. Preparation and use of true values. Nothing in this article shall be construed to be in conflict with the requirements for preparation and use of true values where prescribed by the General Assembly for use in any fund distribution formula. State Law Reference: Code of Virginia, § 58.1-3234. Secs. 21-61--21-70. Reserved. 2. That this ordinance shall be effective from and after its adoption. On motion of Supervisor Nickens to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None A COPY TESTE: ~• Mary H. Allen, CMC/AAE Clerk to the Board of Supervisors 13 cc: File John W. Birckhead, Director, Real Estate Valuation Circuit Court Roy B. Willett, Judge Clifford R. Weckstein, Judge Diane McQ. Strickland, Judge Richard C. Pattisall, Judge Robert P. Doherty, Jr., Judge Jonathan M. Apgar, Judge Steven A. McGraw, Clerk Juvenile Domestic Relations District Court Joseph M. Clarke, II, Judge Philip Trompeter, Judge John B. Ferguson, Judge Joseph P. Bounds, Judge Ruth P. Bates, Clerk Intake Counsellor General District Court George W. Harris, Judge William Broadhurst, Judge Vincent Lilley, Judge Julian H. Raney, Judge Jacqueline F. Ward Talevi, Judge Theresa A. Childress, Clerk Skip Burkart, Commonwealth Attorney Paul M. Mahoney, County Attorney Magistrates Sherri Krantz/Betty Perry Main Library Ray Lavinder, Police Chief Richard Burch, Chief of Fire & Rescue Roanoke Law Library, 315 Church Avenue, S.W., Rke 24016 Roanoke County Law Library, Singleton Osterhoudt Roanoke County Code Book Gerald S. Holt, Sheriff John M. Chambliss, Jr., Assistant County Administrator Don C. Myers, Assistant County Administrator Diane D. Hyatt, Director, Finance O. Arnold Covey, Director, Community Development Terrance L. Harrington, County Planner Gary Robertson, Director, Utility Michael Lazzuri, Court Services Elaine Carver, Director, General Services Thomas S. Haislip, Director, Parks & Recreation Gardner Smith, Director, Procurement Alfred C. Anderson, Treasurer R. Wayne Compton, Commissioner of Revenue U:\WPDOCS\AGENDA-9\Sept99\USEVALU.ORD 14 ~, 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: August 24, 1999 AGENDA ITEM: ORDINANCE AMENDING DIVISION 2,"USE VALUE ASSESSMENT OF CERTAIN REAL ESTATE", OF CHAPTER 21, "TAXATION", OF THE ROANOKE COUNTY CODE, SPECIFICALLY SECTIONS 21-52, 21-53, 21-56, 21-57, 21-58, 21-60 THE REPEAL OF SECTION 21-55, ALL IN ORDER TO BRING THESE PROVISIONS INTO COMPLIANCE WITH VARIOUS AMENDMENTS TO STATE LAW BY THE VIRGINIA GENERAL ASSEMBLY. COUNTY ADMINISTRATOR'S COMMENTS: ~~~~•`~ ~r~~ ~~ BACKGROUND: The attached ordinance is a housekeeping change to bring the County Code into compliance with the 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 application. EXECUTIVE SUMMARY: The major changes are as follows: • Section 21-52(i) - Sets date when revalidation applications are due at the Real Estate Valuation office. • Section 21-53(b)(1)(a), (b) and (c) -Sets out where definitions of uses can be found in the Code. • 21-53(b)(2)(b) -Addresses how land in more than one jurisdiction shall be taxed for land use purposes. Minimum acreage will be determined on the basis of the total area, and not the area located in the taxing locality. • 21-53(c)(3) -Formalizes contractual process for open space section of land use program. The landowner will enter into a standard contract with the County for a set period of time, which may be between four and ten years. The Director of Real Estate Valuation is authorized to enter into these contracts and determine the appropriate length of the contract, with advice from the County Planner or Department of Community Development. This commitment will run with the land, and the contract itself is recorded at the Circuit Court Clerk's office. '~ 'ti m ~ ~ ~ G-3 • 21-55 -Deleted the provision for filing applications in Clerk of Circuit Court's office. The taxing information will be noted on special tax statements, and open space contracts will be recorded. Applications will be kept on file in Office of Real Estate Assessment. • 21-57 -Adds language clarifying when roll back taxes will be assessed, and establishes an interest rate of 10% per year. Liability for roll back taxes attaches when the use changes or there is a rezoning requested by the owner or his agent. If the land was rezoned at the request of the owner or agent, it is not eligible for re- application for land use for three years. There is no liability for roll back taxes due to a simple sale of the entire piece of real estates, provided it is not rezoned and the use does not change. If, however, a piece of property is split off from property in the program, the piece which is split off will be subject to the roll back taxes. FISCAL IMPACT: None RECOMMENDATION: Approve first reading of the attached Ordinance changes and hold the second reading on September 14, 1999. Respectfully submitted, ~ /~ John W. Birckhead, A.S.A. Director, Real Estate Valuation ACTION Approved Denied Received Referred to ()Motion by: () () Approve by, Elmer C. Hodge County Administrator No Yes Abs Harrison _ Johnson _ _ McNamara _ Minnix _ _ _ Nickens Attachment G-3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 14, 1999 ORDINANCE AMENDING DIVISION 2, "USE VALUE ASSESSMENT OF CERTAIN REAL ESTATE", OF CHAPTER 21, "TAXATION", OF THE ROANOKE COUNTY CODE, SPECIFICALLY SECTIONS 21-52, 21-53, 21-56, 21-57, 21-58, 21-60 THE REPEAL OF SECTIONS 21-55, ALL IN ORDER TO BRING THESE PROVISIONS INTO COMPLIANCE WITH VARIOUS AMENDMENTS TO STATE LAW BY THE VIRGINIA GENERAL ASSEMBLY WHEREAS, the provisions of the County Code concerning use value assessments have not been revised since 1989; and, WHEREAS, the General Assembly for the Commonwealth of Virginia has adopted several amendments to the State Code with respect to the authorizing legislation applicable to use value assessments, and this ordinance amends the County Code to reflect these amendments; and, WHEREAS, the first reading of this ordinance was held on August 24, 1999, and the second reading was held on September 14, 1999. NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That Division 2, "Use Value Assessment of Certain Real Estate", of Chapter 21, "Taxation", of the Roanoke County Code be amended to read and provide as follows: Chapter 21 TAXATION DIVISION 2. USE VALUE ASSESSMENT OF CERTAIN REAL ESTATE Sec. 21-51. Findings. The County of Roanoke finds that the preservation of real estate devoted to agricultural, horticultural, forest and open space uses within its boundaries is in the public interest and, having heretofore adopted a land use plan, hereby ordains that such real estate shall be taxed in accordance with the provisions of article 4 of chapter 32 of title 58.1 of the Code of Virginia; the standards prescribed by the Director of the Virginia 1 Department of Conservation and Recreation, the Virginia Commissioner of Agricultural and Consumer Service, and the State Forester; and this division. Sec. 21-52. Applications for special assessment; fees. (a) Applications for taxation of real estate on the basis of use assessment shall be submitted to the real estate assessor on forms provided by the Virginia Department of Taxation and supplied by the real estate assessor. The application shall include such additional schedules, photographs, and drawings as may be required by the real estate assessor. (b) Applications shall be submitted: (1) At least sixty (60) days preceding the tax year for which such taxation is sought; or (2) In any year in which a general reassessment is being made, until thirty (30) days have elapsed after the notice of increase in assessment has been mailed to the property owner in accordance with section 58.1-3330 of the Code of Virginia, or sixty (60) days preceding the tax year, whichever is later. (c) The application shall be signed by all owners of the subject property. An owner of an undivided interest in the property may apply on behalf of owners that are minors or that cannot be located, upon submitting an affidavit attesting to such facts. (d) A separate application shall be filed for each parcel tract shown on the land book. (e) An application fee of thirty dollars ($30.00), plus thirty cents ($0.30) per acre or portion thereof contained in each parcel, shall accompany each application. (f) An application may be filed within no more than sixty (60) days after the filing deadline specified in subparagraph (b) above upon payment of a late filing fee in the sum of forty dollars ($40.00). (g) An application shall be submitted whenever the use or acreage of such land previously approved changes; provided however, that no application fee shall be required when a change in acreage 2 ~'" occurs solely as a result of a conveyance necessitated by governmental action or condemnation of a portion of any land previously approved. (h) If any tax on the land affected by an application is delinquent when the application is filed, then the application shall not be accepted. Upon payment of all delinquent taxes, interest and penalties relating to such land, the application shall then be treated in accordance with this section. (i) Such property owner must revalidate annually with the real estate assessor any application previously approved. The revalidation application must be returned to the Office of Real Estate Valuation on or before December 5th of the year preceding the year for which the revalidation becomes effective. A revalidation fee of thirty dollars ($30.00), plus thirty cents ($0.30) per acre or portion thereof contained in each parcel, shall accompany each application for revalidation every sixth year. Late filing of a revalidation form must be made on or before the effective date of the assessment (January 1st) and accompanied with a late filing fee of forty dollars ($40.00). State Law Reference: Code of ~ Virginia, ~ 58.1-3234. Sec. 21-53. Determination of use value and assessment. (a) Promptly upon receipt of an application, the real estate assessor shall determine whether the subject property meets the criteria for use value assessment and taxation under this division, article 4 of chapter 32 of title 58.1 of the Code of Virginia, and the applicable standards prescribed thereunder by the Director of the Department of Conservation and Recreation, the Commissioner of Agriculture and Consumer Services and the State Forester. (b) Minimum acreage. (1) Real estate devoted solely to: a. Agricultural or horticultural use, as defined in section 58.1-3230 of Chapter 32 of Title 58.1'°~ shall consist of a minimum of five (5) acres; ~-3 b. Forest use, as defined in section 58.1-3230 of Chapter 32 of Title 58.1, shall consist of a minimum of twenty (20) acres; c. Open space use, as defined in section 58.1-3230of Chapter 32 of Title 58.1, shall consist of a minimum of five (5) acres (may be expanded, it is at the localities discretion--1990 acts of Assembly) except that real estate adjacent to a scenic river, a scenic highway, a Virginia Byway or public property shall consist of a minimum of two (2) acres. A scenic river, scenic highway, Virginia Byway or public property under this paragraph means those which are listed in the State Comprehensive Outdoor Recreational Plan, also known as the Virginia Outdoors Plan, a copy of which can be obtained from the Department of Conservation and Recreation, 203 39~ Governor Street, Suite 302 X93, Richmond, VA 23219. (2) a The foregoing requirements for minimum acreage shall be determined by adding together the total area of contiguous real estate excluding recorded subdivision lots, recorded after July 1, 1983, titled in the same ownership. For purposes of this section, properties separated only by a public right-of- way are considered contiguous. b: Where contiguous real estate in agricultural, horticultural; forest or open- space use in one ownership is located. in more than one taxing locality, compliance with the minimum acreage shall be determined on the basis of the total area of such real estate and notthe area which is located in the particular taking locality. (c) In addition to meeting the foregoing requirements for minimum acreage, real estate devoted to open space use shall be: 4 ~-3 (1) Within an agricultural, a forestal, or an agricultural and forestal district entered into pursuant to Chapter 43 (section 15.2-4300 et seq.) ofTitle 15.2_..~r___ _. ~__.~~~_ . of the Code of Virginia, or (2) Subject to a recorded perpetual easement, restrictive covenant or equitable servitude that is held by a public body, and that promotes the open space use classification as defined in section 58.1-3230 of the Code of Virginia, or (3) Subject to a recorded commitment meeting the standards prescribed by the director of the Virginia Department of Conservation and Recreation and entered into by the landowner with the county, not to change the use to a nonqualifying use for a time period stated in the commitment. The commitment may last for up to 10 years, as negotiated by the landowner and the Department of Real Estate Valuation, with deference given to the landowner's choice,as long as it is in coordination-.with the county land-use plan established by the Department of Community Development, but in no case shall the commitment be less than 4 years. The~Department of Real Estate Valuation may seek the advice of the County Planner or Departmentof Community Development when determining the appropriate length for such commitments. The County Administrator authorizes the Director of the Department of Real .Estate Valuation to sign binding standard form contracts with discretionas to the length of commitment, as provided by the County Attorney's office and prepared in accordance with the standards prescribed by the Director of the Department of Conservation and Recreation, for the inclusion of real property into the use value assessment program based on a commitment not to change the use to a nonqualifying use for the duration of the contract. Such commitment shall run with the land for the applicable period and maybe terminated in the manner provided in Section 15.2-43 14 of the Code of 5 Virginia ~-3 (d) If the real estate assessor determines that the property does meet such criteria, he shall determine the value of such property for its qualifying use based on the methods :described in subsections A, B, and C of section 58.1-3236 of the Code of Virginia, as well as its fair market value as applied to other real estate in the, taxing jurisdiction. (e) In determining whether the subject property meets the criteria for "agricultural use" or "horticultural use" the real estate assessor may request an opinion from the Commissioner of Agricultural and Consumer Services; in determining whether the subject property meets the criteria for "forest use" he may request an opinion from the State Forester; and in determining whether the subject property meets the criteria for "open space use" he may request an opinion from the Director of Conservation and Recreation. Upon the refusal of the Commissioner of Agriculture and Consumer Services, State Forester, or the Director of the Department of Conservation and Recreation to issue an opinion, or in the event of an unfavorable opinion which does not comport with standards set forth by the respective director, the party aggrieved may seek relief from any court of record wherein the real estate in question is located. If the court finds in his favor it may issue an order which shall serve in lieu of an opinion for the purposes of this division. (Ord. No. 101089-4, § 1, 10-10-89) State Law Reference: Code of VA, X58.1-3233, 58.1-3241. Sec. 21-54. Taxation based on qualifying use. The use value and fair market value of any qualifying property shall be placed on the land book before delivery to the treasurer, and the tax shall be extended from the use value. Continuation of valuation, assessment and taxation based upon land use shall depend on continuance of the real estate in a qualifying use, continued payment of taxes as required in section 58.1-3235 and compliance with other requirements of article 4 of chapter 32 of title 58.1 of the Code of Virginia, the applicable standards prescribed by the Director of the 6 ~''` Virginia Department of Conservation and Recreation, the Virginia Commissioner of Agriculture and Consumer Services and the State Forester, and this division, and not upon continuance in the same owner of title to the land. SLEAC Manual, Ft. Note #14, of the revised model ordinance, may explain the deletion below. It states that special tax statements should reflect both the tax to be paid and the RBT. It is administratively simpler. State Law Reference: Code of Virginia, ~ 58.1-3234 (Ord. No. 101089-4, § 1, 10-10-89) __ uu w r r . Enabling Act authority removed: 1993 Acts of Assembly, Chapter 102, Page 107. (see explanation above--simpler.) (Ord. No. 101089-4, § 1, 10-10-89) Sec. 21-56. Delinquent taxes. If on 3trne April 1 of any year the taxes for any prior year on any parcel of real property which has special assessment as provided for in this division are delinquent, the county shall send notice of that fact and the general provisions of section 58.1-3235 of the Code of Virginia to the property owner by first-class mail. If after sending such notice, such delinquent taxes remain unpaid on ~ese~rrber June 1, the treasurer shall notify the real estate assessor who shall remove such parcel from the land use program. Such removal shall become effective for the current tax year. ('1994 Act of Assembly, Chapter 199, Pg. 290) State Law Reference.• 7 Code of Virginia, ~ 58.1-3235. (Ord. No. 101089-4, § 1, 10-10-89) Sec. 21-57. Change in use, zoning or area; roll-back taxes. (~- 3 There is hereby imposed aroll-back tax and interest thereon in such amounts as may be determined under Virginia Code section 58.1-3237 and determined by using a simple interest rate established at ten (10) percent per yeafon real estate which has qualified for assessment and taxation on the basis of use under this division, upon one or more of the following occurrences: (Delinquent Real Estate has a ten percent penalty applied the day it becomes delinquent and a monthly interest rate of .0083. The .0083 is equivalent to ten percent per year (According to Treasure's Office).) (a) When the use by which it qualified changes to a more intensive use or a nonqualifying use; (b) When it is rezoned to a more intensive use at the request of the owner or his agent, as described in section 58.1-3237 of the Code of Virginia; or (c) When one or more parcels, lots or pieces of land are separated or split off from the real estate, as described in section 58.1-3241 of the Code of Virginia. When the use by which real estate qualified changes to a more intensive use oi• a nonqualifying use, or when;the real estate is rezoned to a more intensive use at the request of the owner or his agent such additional taxes shall only be assessed against that portion of such real estate which no longer qualifies for assessment and taxation on the basis of use or zoning. Liability to the roll-back taxes shall attach when a change in use occurs, or a change in zoning of the real estate to a more intensive use at the request of the owner or his agent occurs. No real property rezoned to a more intensive use at the request of the owner or his agent shall be eligible far taxation and assessment under this article, provided that these provisions shall not be applicable to any rezoning which. is required for 8 i ~.; ~ ~;- 3 the establishment, continuation, or expansion of a qualifying use. If the property is subsequently rezoned to agricultural, horticultural, or openspace, it shall be eligible for bonsideration for-assessmentand taxation under this ordinance only after three years have passed since the rezoning was effective. Liability to the roll-back taxes shall not attach when a change in ownership of title of all the real estate which is assessed under this division on a separate application, filed as required by section 21-52 D of this division, and meeting the minimum acreage requirements takes place if the new owner. does not rezone the real estate to a more intensive use and continues the real estate in the use for which it is classified under the conditions prescribed in this ordinance and article 4 of chapter 32 of title 58.1 of the Code of Virginia. State Law Reference: Code of Virginia, ~ 58.1-3237. (Ord. No. 101089-4, § 1, 10-10-89) Sec. 21-58. Failure to report changes; misstatements in application. (a) The owner of any real estate liable for roll-back taxes shall, within sixty (60) days following a change in use or zoning, report such change to the real estate assessor on such forms as may be prescribed. The real estate assessor shall forthwith determine and assess the roll-back tax, which shall be paid to the treasurer within thirty (30) days of assessment by the owner of the property at the time the change in use which no longer qualifies occurs, or at the time of the zoning of the real estate to a more intensive use at the request of the owner or his agent occurs. Upon failure to report within sixty (60) days following such change in use or zoning at the request of the owner or his agent or failure to pay within thirty (30) days of assessment or both, such owner shall be liable for an additional penalty equal to ten (10) percent of the amount of the roll- back tax and interest, which penalty shall be collected as a part of the tax. In addition to such penalty for failure to make required report, there is hereby imposed interest of one-half (''/z) percent of the amount of the roll-back tax, interest and penalty, for each month or fraction £e~eire thereof during which the failure continues. 9 ,' .~: ~ ~- 3 (b) Any person making material misstatements of fact other than a clerical error in any application filed pursuant hereto shall be liable for all taxes, in such amounts and at such times as if such property had been assessed on the basis of fair market value as applied to other real estate together with interest and penalties thereon, and he shall be further assessed with an additional penalty of one hundred (100) percent of such unpaid taxes. The term "material misstatement of fact" shall have the same meaning as it has under section 58.1-3238 of the Code of Virginia. Sec. 21-59. Application of title 58.1 of the Code of Virginia. The provisions of title 58.1 of the Code of Virginia applicable to local levies and real estate assessment and taxation shall be applicable to assessments and taxation hereunder mutatis mutandis including without limitation, provisions relating to tax liens and the correction of erroneous assessments, and for such purposes the roll-back taxes shall be considered to be deferred real estate taxes. Sec.21-60. -Preparation and use of true values. Nothing in this article shall be construed to be in conflict with the requirements for preparation and use of true values where prescribed by the General Assembly for use in any fund distribution formula. State Law Reference: Code of Virginia, ~ 58.1-3234. Secs. 21-61--21-70. Reserved. 10 r ~ That this ordinance shall be effective from and after its adoption. G:\ATTORNEY\PMM\AGENDA\USEVALU.ORD 11 ~, ACTION NUMBER 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 14, 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 three-year term of Susan Scheibe, who has resigned. The current term expires on December 31, 2000. Supervisor Nickens is nominating Gary Kelly to fill Ms. Scheibe's unexpired term and asked that his confirmation be placed on the Consent Agenda. The term expires December 31, 2000. The unexpired at-large term of Rita Gliniecki. Her term expires December 31, 2000. Ms. Gliniecki has resigned to accept appointment as Roanoke County's representative. 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-year term 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. 1 t • - 4. INDUSTRIAL DEVELOPMENT AUTHORITY The four year term of Neil A. Gallagher will expire 09/26/99. ~~~~ Supervisor Minnix is nominating Mr. Gallagher to another four-year term which will expire September 26, 2003, and asked that his confirmation be placed on the Consent Agenda. 5. LEAGUE OF OLDER AMERICANS -ADVISORY COUNCIL The one-year term of Thelma Ihrig expired March 31, 1999. She has indicated that she does not wish to serve another term at this time. SUBMITTED BY: APPROVED BY: ~~ Mary H. Allen, CMC/AAE Elmer C. Hodge Clerk to the Board County Administrator -------------------------------------------------------------------------------------------------------------------- ACTION VOTE No. Yes Abs Approved () Motion by: Harrison _ _ _ Denied () Johnson _ _ _ Received () McNamara- _ Referred () Minnix _ To () Nickens _ _ 3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 14, 1999 RESOLUTION 091499-9 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 14, 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 11, inclusive, as follows: Approval of Minutes -July 27, 1999 2. Confirmation of committee appointments to the Blue Ridge Community Services Board of Directors, Clean Valley Council, and the Industrial Development Authority. 3. Resolution of support for expanded passenger rail service in the Commonwealth of Virginia. 4. Acceptance by the Sheriff s Office of the Adult Literacy and Basic Education Program Grant of $10,903 and appropriation of funds. 5. Request from School Board to appropriate $1,000 grant from the Roanoke County Education Foundation to William Byrd High School Saturday School. 6. Request from School Board to appropriate $1,000 Virginia Department of Education grant for assistive technology devices. 7. Request from Social Services to appropriate $25,000 for Aid to Dependent Children Foster Care Program. 8. Acceptance and appropriation of $21,210 Section 18 Transportation Grant from the Virginia Department of Rail and Public Transportation for use in the CORTRAN program. 9. Request for acceptance of access easement at Northside Middle School from the School Board. 10. Action approving, ratifying and confirming the execution of a Consent Order with Whitlow Auto Crushers and Sales to remediate zoning violations. 11. Donation of various easements to the Board of Supervisors by Radford & Company in connection with development of McVitty Forest. 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 Grievance Panel appointment in Item 2 removed and referred to staff, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None A COPY TESTE: `~~CZ.C~ca- .3'~ Mary H. Allen, CMC/AAE Clerk to the Board of Supervisors cc: File Gerald S. Holt, Sheriff Diane D. Hyatt, Director, Finance Joy Wright, Supervisor of Federal Programs Carol Whitaker, Director, Pupil Personnel Services & Special Education Dr. Deanna Gordon, School Superintendent Brenda Chastain, Clerk, School Board Dr. Betty McCrary, Director, Social Services Brent Robertson, Finance John Chambliss, Assistant Administrator Terry Harrington, County Planner Arnold Covey, Director, Community Development Gary Robertson, Director, Utility Paul M, Mahoney, County Attorney 2 J~'I July 27, 1999 ~,7 Roanoke County Administration Center 5204 Bernard Drive Roanoke, Virginia 24018 July 27, 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,July, 1999. IN RE: CALL TO ORDER Chairman Johnson called the meeting to order at 3:00 p.m. The roll call was taken. MEMBERS PRESENT: Chairman Bob L. Johnson, Vice Chairman Harry C. Nickens,(Arrived 3:04 p.m.), Supervisors Fenton F. "Spike" Harrison, H. Odell "Fuzzy" Minnix MEMBERS ABSENT: None STAFF PRESENT: Elmer C. Hodge, County Administrator; Paul M. Mahoney, County Attorney; Mary H. Allen, Clerk; John M. Chambliss, Assistant County Administrator; Don C. Myers, Assistant County Administrator;Rnne Marie Green, Director, Community Relations IN RE: OPENING CEREMONIES The invocation was given by Father Joseph Lehman, Our Lady of Nazareth Catholic Church. The Pledge of Allegiance was recited by all present. IN RE: REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF . '' July 27, 1999 ~ ~~ IN RE: NEW BUSINESS 1. Request for $14,246 appropriation of funds to VMLNACO to negotiate rates with American Electric Power (Gary Robertson Utility Director) A-072799-1 Mr. Robertson advised that the VMLNACO Steering Committee consists of local government officials within the American Electric Power service area established to negotiate reduced electric service charges for local governments. The current contract expired June 30, 1999. AEP has now proposed a new three-year contract with rates frozen at their present level. Previous negotiations resulted in a 14% rate reduction which saved Roanoke County over $200,000 in power costs over athree-year period. Each local government is being asked to contribute its share of the cost of the negotiations. The amount assessed for the County of Roanoke is $14,246. Mr. Robertson recommended that the funds be appropriated from the Board Contingency Fund ($9,246) and the Utility Fund ($5,000). In response to questions, Mr. Robertson explained that previously the funds were all appropriated from the Board Contingency Fund, but he suggested this time that the Utility Fund pay one-third of the cost; and that the Schools have not funded the cost in the past even though they will benefit from the rate reduction. Supervisor Nickens suggested that the Schools pay one-third of the cost and Chairman Johnson responded that he would correspond with the School Board suggesting July 27, 1999 ~ ~~ cost is $2,621, indexed to interest rates of June 30, 1999, providing total savings of $424 per month. The purchase price of the system is $136,340.67. Additional savings will be realized through reduced maintenance. Total annual savings after the five-year lease period is estimated to be $36,536. In response to questions, Mr. Chambliss advised that the existing phones could not be used because they are rapidly breaking and the replacement cost for a phone is $400; and the Administration Center will get approximately 100 phone sets. Supervisor Nickens suggested that if there is no prepayment penalty, the County pay off the lease- purchase in less than five years using the monthly savings. Supervisor Nickens moved to adopt the resolution with the understanding that (1) the savings be applied to the monthly payment to pay off in less than 60 months; and (2) that staff evaluate the entire centrex system for other savings. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None RESOLUTION 072799-2 AUTHORIZING THE PURCHASE OF A TELEPHONE SYSTEM FORTHE ROANOKE COUNTYADMINISTRATION BUILDING AND APPROVING REIMBURSEMENT FOR LEASE/PURCHASES OF SUCH EQUIPMENT WHEREAS, the Board of Supervisors (the "Board") of Roanoke County , Virginia (the "County") has determined that it is necessary or desirable to : (A) purchase anew telephone system for the Roanoke County Administration Building (B) advance money to pay the costs of acquiring certain telephone equipment ("Equipment") and (C) to reimburse such advances with proceeds of one or more financing. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF ROANOKE, VIRGINIA: 1. The Board of Supervisors adopts this declaration of official intent under official intent of Treasury Regulations Section 1.150-2. July 27, 1999 ~7~ 1. First reading of ordinance to rezone approximately 9 1 acres from I-2 to R-1 to construct a single family residence in the 5700 block of West River Road. Catawba Magisterial District upon the petition of Harold Horn. 2. First 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 3. First 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. 4. First readina 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. 5. First reading of ordinance to rezone approximately 0 87 acre from C-1 C to C-1 to remove conditions to allow a dental office located at 4736 Starkey Road, Cave Spring Magisterial District upon the petition of H. Patrick Russell II 6. First reading of ordinance to rezone approximately 6 73 acres from C-2 to R-4 to construct multi-family residences located in the 3700 block of ChallengerAvenue Hollins Magisterial District upon the petition of Golden Homes, Inc Supervisor Nickens moved to approve the first reading and set the second reading and public hearing for August 24, 1999. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens NAYS: None ABSTAIN: Supervisor Johnson 7. First reading of ordinance to rezone 17 11 acres from C-2C to I-1 to expand a parking lot and construct a training facility, located July 27, 1999 a~~ adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None ORDINANCE 072799-3 AUTHORIZING THE CREATION OF AND FINANCING FOR A LOCAL PUBLIC WORKS IMPROVEMENT PROJECT, BEAUMONT ROAD WATER PROJECT WHEREAS, Ordinance 112288-7 authorizes the financing of local public works improvements and the imposition of special assessments upon abutting property owners upon the adoption of an appropriate ordinance by the Board of Supervisors; and WHEREAS, the County Administration has negotiated the extension of the public water system to the Beaumont Road and Old Mountain Road Community; and WHEREAS, the extension of the public water system and the creation of a special utility (water) service area will alleviate a critical public health and safety problem; and WHEREAS, several of the residents have requested that the County allow them to pay their portion of the costs of connection to the public water system over ten years at an interest rate of 8%; and WHEREAS, the first reading of this Ordinance was held on July 27, 1999, and the second reading was waived because of the emergency nature of the request; and BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That pursuant to the authority of Ordinance 112288-7, the Board authorizes and approves a local public works improvement project, namely, public water extension for the Beaumont Road and Old Mountain Road Community. The total construction cost of this public water project is estimated to be $57,000, to be initially financed as follows: Citizen Participation (10 at $3,155 each) $31,550 Advance from the Public Works Participation Fund $25,450 TOTAL $57,000 That there is hereby appropriated for this project the sum of $25,450 from the Public Works Participation Fund. Any citizen participation under paragraph 3. will be advanced as a loan from the Water Fund. 2. That the "Project Service Area" is shown and designated on the attached plat entitled "Beaumont Road Water Petition Project" prepared by the Roanoke County Utility Department, dated July 27, 1999, and identified as Exhibit 1. The Beaumont Road Water Project Area is created for a period of ten (10) years. Any owner of real estate July 27, 1999 meetings of the Board of Supervisors. (Paul Mahoney, County Attorne 0-072799-4 There was no discussion and no citizens to speak on this ordinance. Supervisor Nickens moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None ORDINANCE 072799-4 AMENDING SECTION 2-102 AND 2-103 OF THE ROANOKE COUNTY'CODE TO PROVIDE FOR ENHANCED NOTICE OF MEETINGS OF THE BOARD OF SUPERVISORS WHEREAS, on January 12, 1999 the Board of Supervisors of Roanoke County, Virginia, adopted Ordinance No. 011299-2 ,which established certain rules of organization and procedure for the Board; and, WHEREAS, the 1999 session of the Virginia General Assembly amended the provisions ofthe Virginia Freedom of Information Act, in part, to provide for increased notice requirements for public meetings of the public bodies; and, WHEREAS, it is necessary to amend Ordinance 011299-2 to bring it into compliance with said action of the Virginia General Assembly; and, WHEREAS, the first reading of this ordinance was held on July 13,1999, and the second reading was held on July 27, 1999. NOW THEREFORE, BE IT ORDAINED, By the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That Section 2-102 of the Roanoke County Code is hereby amended and reenacted to read as follows: (b) The Board shall hold regular meetings on such days as may be prescribed by resolution at the annual organizational meeting in January of each year, but which shall not be less frequent than once a month. The Board shall give notice of the date, time, and location of ifs meefings by placing a notice in a public location at which notices are regularly posted or in the offrce of the Clerk to the Board. The Clerk may publish meeting notices by electronic means. The notice shall be posted at least three working days prior to the meeting. (e) The Board may be resolution, when necessary, change the time and place of the regular meeting. The resolution shall set forth the circumstances necessitating such change. July 27, 1999 479 2000. IN RE: CONSENT AGENDA R-072799-5, R-072799-5.f Supervisor Johnson moved to adopt the Consent Resolution. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None RESOLUTION 072799-5 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 July 27, 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 6, inclusive, as follows: 1. Confirmation of committee appointment to the Blue Ridge Community Services Board of Directors. 2. Acceptance of donation of a sanitary sewer easement from Monroe Gardens, L.L.C., in connection with development of Summerplace Subdivision. 3. Acceptance of donation of a sanitary sewer easement from Thomas. Ltd. in connection with development of Campbell Hills Subdivision. 4. Request from Schools to appropriate $80,000 grant from the Tech Prep Consortium. 5. Request from Schools to appropriate $152,845 School to Work grant to support increased student learning and academic achievement. July 27, 1999 dR~ Congressman Bob Goodlatte. Chairman Johnson scheduled. the work session for August 10, 1999. He asked Board Clerk Mary Allen to prepare a separate agenda for the work session. IN RE: REPORTS Supervisor Johnson moved fio receive and file the following reports after discussion of Item 6. 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 Ga it~al Reserve 5. Statement of Revenues and Expenditures as of June 30 1999 Supervisor McNamara asked if this was the final and accurate year-end record of revenues and expenditures. Mr. Brent Robertson and Mr. Hodge advised that there were still adjustments and journal entries to be done. 6. Accounts Paid -June 1999 IN RE: CLOSED MEETING At 3:55 p.m., Supervisor Johnson moved to go into Closed Meeting after the work sessions pursuant to Code of Virginia Section 2.1-344 A (7) consultation with legal counsel regarding specific legal matter requiring the provisions of legal advice: negotiation of water agreements with (a) Botetourt County and (b) Roanoke City, and (c) negotiation July 27, 1999 for businesses, condominiums and on private roads. It was held from 4:30 to 5:30 p.m. Mr. Hodge reported that the County is supposed to have written agreements with condominiums that holds the County harmless if the County collects the refuse. Mr. Hodge recommended that the most ,equitable solution was to let them keep dumpster service, and that the County pay a portion of the fee. There was a discussion on several alternatives including offering County collection only if there is room for County cans and the automated truck; otherwise, .the condominium would use private haulers and dumpsters. With regard to collection at businesses, it was the consensus of the Board to allow one can for businesses and charge a fee for additional cans. The Procurement code will be amended. There was no decision on other non-standard collection. 3. Work Session to establish goals for County Administrator and County Attorney. The work session was held from 5:30 p.m. until 6:10 p.m. County Attorney Paul Mahoney presented a list of issues that he and his staff plan to work on during the upcoming year. The Board members noted that he did not list measurable goals, and after discussion, asked him to bring back at least five specific measurable goals that can be completed within specific time frames, and that he may include hours per year that will be spent on them. Mr. Hodge also presented a list of issues and projects that he would be dealing with in the upcoming year. After discussion, the Board members suggested the following goals (1) Supervisor McNamara: the employee headcount should remain flat as of July 1, 1999; (2) Supervisor Johnson: bring in a new, unknown at this time, economic July 27, 1999 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: REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF AGENDA ITEMS Mr. Hodge asked to defer action on Item 1 under New Business to August 10, 1999 and added Item 2 to New Business -Authorization to rescind previous action concerning Roanoke Valley Youth Soccer Club; ratify execution of a contract and appropriate funds for construction of a new soccer field at Green Hill Park. IN RE: PUBLIC HEARING AND SECOND READING OF ORDINANCES 1. Second reading of 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 ~Terrx Harrington. County Planner) Mr. Harrington reported that the petitioner wishes to obtain a Special Use July 27, 1999 4R7 motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None 2. Second reading of ordinance to obtain a Special Use Permit to operate equipment sales and rental facility, located at 5264 West Main Street, Catawba Magisterial District upon the petition of Harold and Shirley Horn. (Terry Harrington. County Planner) 0-072799-7 Mr. Harrington reported that at the Planning Commission meeting, the petitionerwas asked about the adjacent residence and buffering. The staff commented that approximately 50 feet of vegetation existed along the rear property line and the adjacent residence, which is occupied, is zoned C-2 and no buffering is required. At the Commission meeting, the applicant said there was no concept plan since the proposed use will be located in the existing structure which is currently being used. Mr. Horn wanted the flexibility to have two entrances rather than one and the parking area will be graveled. The Planning Commission recommended approval with three conditions. Attorney Ed Natt represented the petitioner and explained that there are two proposed access points and that VDOT will review the two entrances and chose the safest access. July 27, 1999 IN RE: SECOND READING OF ORDINANCE 1. Second reading of ordinance authorizing the execution of an agreement with Botetourt County for the continued sale of surplus bulk water. (Gary Robertson. Utility Director 0-072799-8 There was no discussion or citizens to speak. Supervisor Johnson moved to adopt the ordinance setting the rate for water at $3.40 per 1000 gallons and the term of agreement at 5 years. The motion carried by the following recorded vote: AYES: Supervisors McPJamara, Minnix, Harrison, Nickens, Johnson NAYS: None ORDINANCE 072799-8 AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH BOTETOURT COUNTY FOR THE SALE OF SURPLUS BULK WATER FOR A TERM OF FIVE YEARS AND ESTABLISHING RATES THEREFOR WHEREAS, Section 15.2-2112 and 15.2-2148 of the 1950 Code of Virginia, as amended, authorizes counties to negotiate and execute contracts for the purchase and sale of water; and WHEREAS, Roanoke County and Botetourt County desire to promote regional economic development and other cooperative efforts for their mutual benefit and the benefit of their citizens; and WHEREAS, Roanoke County has agreed to sell waterto Botetourt Countyfor these purposes, and desires to continue said water sales for an additional term of five (5) years; and WHEREAS, the first reading of this ordinance was held on July 13, 1999, and the second reading was held on July 27, 1999. July 27, 1999 491 Mr. Hodge advised that he had been working with Supervisor Harrison to locate additional fields at Green Hill Park and if this request is approved, funding will be available for the first of three fields. The staff is recommending that: (1) the Board rescind action taken on June 22, 1999; (2) that the Board of Supervisors ratify the agreement between the County, the Roanoke Valley Youth Soccer Club and Berglund Chevrolet; and (3) that the Board appropriate $47,000 from the Board Contingency Account for construction of a soccer field at Green Hill Park and modification and relocation of signage. Supervisor Harrison pointed outthat this allows Parks and Recreation to make available the front of the park as recreational area. Supervisor Nickens moved to rescind the previous action of the Board on July 13, 1999, ratify execution of contract, and appropriate $47,000 from the Board Contingency Fund. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS Supervisor Minnix: He announced that the Little League state tournament was held in Roanoke Valley which had a tremendous economic impact. (2) He asked that the Police Department establish radar on Yellow Mountain Road now that the speed limit signs have been installed. (3) He advised that he went to Ernie Capito's residence to see his water conservation measures. Mr. Capito has reduced his water consumption from 22,000 gallons/month to 4,000 gallons/month. He asked Mr. Hodge to see if it would be July 27, 1999 4Q~ Botetourt County next week. IN RE: CLOSED MEETING At 7:45 p.m., Supervisor Johnson moved to go into Closed Meeting pursuant to Code of Virginia Section 2.1-344 A (7) consultation with legal counsel regarding specific legal matter requiring the provisions of legal advice: negotiation of water agreements with (a) Botetourt County and (b) Roanoke City, and (c) negotiation of contract for the New River Valley Commerce Park Project; and 2.1-344 A (3) disposition of publicly held real property, the Lloyd property; and 2.1-344 A (7) discussion with legal counsel concerning probable litigation, Vineyard Park. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None IN RE: CERTIFICATION RESOLUTION R-072799-10 At 9:13 p.m., Supervisor Johnson moved to return to open session and adopt the Certification Resolution. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None Supervisor Nickens leftthe Closed Meeting during the discussion ofthe Lloyd property. RESOLUTION 072799-10 CERTIFYING THE CLOSED MEETING WAS f A-091499-9 . a ACTION NO. ITEM NUMBER `.J ~"'a AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 14, 1999 AGENDA ITEM: Confirmation of Committee appointments to the Blue Ridge Community Services Board of Directors, Clean Valley Council, ^~~~~•~~~~ "~~°'; and Industrial Development Authority COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION Blue Ridge Community Services Board of Directors Supervisor Nickens has nominated Gary Kelly to fill the unexpired term of Susan Scheibe. The term will expire December 31, 2000 Clean Valley Council Supervisor Nickens nominated Vince Reynolds to serve another two year term which will expire June 30, 2001. Industrial Development Authority Supervisor Harrison nominated Carole Brackman to serve another four year term which will expire September 26, 2003. Supervisor Minnix is nominating Neil A. Gallagher to serve another four year term which will expire September 26, 2003. 1 ., ._..-- "`+.. STAFF RECOMMENDATION: It is recommended that the above appointments be confirmed by the Board of Supervisors. Respectfully submitted, Mary H. Allen, CMC/AAE Clerk to the Board ACTION Approved by, G f~ Elmer C. Hodge County Administrator Approved (x) Motion by: Bob L. Johnson to approve Denied () Consent Agenda with Grievance Panel Received () appointment in Item 2 removed and Referred () referred to staff To ( ) cc: File Blue Ridge Community Services Board of Directors File Clean Valley Council File Grievance Panel File Industrial Development Authority File VOTE No Yes Abs Johnson _ x Harrison _ x McNamara- x Minnix _ x Nickens _ x 2 J _- AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 14, 1999 RESOLUTION 091499-9.b SUPPORTING THE EXPANSION OF PASSENGER RAIL SERVICE IN THE COMMONWEALTH OF VIRGINIA WHEREAS, the feasibility of expanded passenger rail service from the Washington, D.C., and Richmond, Virginia, areas to Bristol, Virginia, has been studied and documented by the Virginia Department of Rail and Public Transportation; and WHEREAS, this passenger rail service would provide an attractive transportation alternative that could lead to economic, tourism, environmental and other social benefits for and its citizens; and WHEREAS, the Roanoke County Board of Supervisors believes this passenger rail service is both cost-effective and consistent with swell-planned, multi-modal transportation system in the Commonwealth of Virginia; THEREFORE, BE IT RESOLVED that the Roanoke County Board of Supervisors reaffirms its support and endorsement for the provision of passenger rail service from the Washington, D.C., and Richmond, Virginia, areas to Bristol, Virginia, and BE IT FURTHER RESOLVED that the Board of Supervisors of Roanoke County, Virginia encourages the implementation of this rail service and pledges its assistance to the Commonwealth of Virginia in implementing said service. On motion of Supervisor Johnson to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None A COPY TESTE: Mary H_Alledn, CMC/AAE Clerk to the Board of Supervisors cc: File Rex Hammond, President, Lynchburg Chamber of Commerce The Honorable Druie L. "Pete" Warren, Mayor, City of Lynchburg Charles F. Church, Lynchburg City Manager ACTION NO. ITEM NUMBER ~ 3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 14, 1999 AGENDA ITEM: Resolution of Support for expansion of passenger rail service in the Commonwealth of Virginia COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The County has received correspondence from the Lynchburg Chamber of Commerce announcing that a project task force is being established which will include a coalition of governmental jurisdictions located along the Bristol to Washington and Bristol to Richmond corridors as well as Chambers of Commerce and colleges and universities to support expanded passenger rail service in Virginia. A meeting has been scheduled for Tuesday, October 12 in Farmville, VA to further discuss this issue and organize support. The Lynchburg Chamberof Commerce has also requested that localities and organizations located in the corridor described above adopt a resolution of support for the expanded rail service. A proposed resolution is attached for your consideration. We will keep the Board of Supervisors informed of the Task Force's progress. STAFF RECOMMENDATION: Staff recommends that the attached resolution of support be adopted and forwarded to the appropriate localities and organizations. -~rxw Elmer C. Hodge County Administrator ~~ ACTION VOTE No. Yes Abs Approved () Motion by: Harrison Denied () Johnson _ _ Received () McNamara- _ Referred () Minnix _ _ _ To () Nickens ~~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 14, 1999 RESOLUTION SUPPORTING THE EXPANSION OF PASSENGER RAIL SERVICE IN THE COMMONWEALTH OF VIRGINIA WHEREAS, the feasibility of expanded passenger rail service from the Washington, D.C., and Richmond, Virginia, areas to Bristol, Virginia, has been studied and documented by the Virginia Department of Rail and Public Transportation; and WHEREAS, this passenger rail service would provide an attractive transportation alternative that could lead to economic, tourism, environmental and other social benefits for and its citizens; and WHEREAS, the Roanoke County Board of Supervisors believes this passenger rail service is both cost-effective and consistentwith awell-planned, multi-modal transportation system in the Commonwealth of Virginia; THEREFORE, BE IT RESOLVED that the Roanoke County Board of Supervisors reaffirms its support and endorsement for the provision of passenger rail service from the Washington, D.C., and Richmond, Virginia, areas to Bristol, Virginia, and BE IT FURTHER RESOLVED that the Board of Supervisors of Roanoke County, Virginia encourages the implementation of this rail service and pledges its assistance to the Commonwealth of Virginia in implementing said service. A-091499-9. c ACTION NO. ITEM NO. ~-' l AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 14, 1999 AGENDA ITEM: Request to accept the Adult Literacy and Basic Education Program Grant and to appropriate the funds into the Sheriff's Office GED Grant Part-Time Salaries Account - (313200-1020) COUNTY ADMINISTRATOR'S COMMENTS: BACKGROUND: We have received grant funding approval from the State Department of Education for the Adult Literacy and Basic Education/GED program operated by Roanoke City Schools and administered by TAP This Valley Works under the auspices of the Roanoke County/Salem Jail. The funding period will run from July 1, 1999 through June 30, 2000. The total funding is in the amount of $12,432. We will receive reimbursement from Federal Funds in the amount of $10,903 and will be required to provide matching funds in the amount of $1,529, which will be supplied from the Sheriffs SubFund. Acceptance of this grant will require no additional funding from the Board of Supervisors. SUMMARY OF INFORMATION: See attachment. FISCAL IMPACT: None ALTERNATIVES: None STAFF RECOMMENDATION: Staff recommends acceptance of this grant per the conditions of the Roanoke City Public Schools and the Roanoke County Sheriff's Office. Respectfully submitted, Ap ro d by, ~~~~~~ Gerald S. Holt Elmer C. Hodge, Jr. Sheriff County Administrator 3 `~ ACTION Approved (x) Denied ( ) Received ( ) Referred ( ) To ( ) Motion by: Bob L. Johnson to approve cc: File Gerald S. Holt, Sheriff Diane D. Hyatt, Director, Finance VOTE No Yes Abs Johnson _ x Harrison _ x _ McNamara_ x _ Minnix _ x _ Nickens x 08 19.99 11: 3E3 FAT i 03 :)~i~ 3~~i~1 ~j 001 "•'-~ ~ ~ Z00'd 6506"ON X2[/X.L ZO=TT 66/6T!BO r Z@ 'd 1tr101 -_° _~ q _ •~ }~ e ~ 0 C ~ ~ c G C Q O U 2 C s L :~ ~~ Z a Q ~d d d ~+ A t 0 e a -r c.. U ~,~ Y C Z ~ CCC Lr ~ ~ L ,~o< a I C .~ ~~ ^e Z@ 'd L6[ t £58 0ti5 IYOI1bOR03 11flOd ~C O a P Y 0 h n e v L w V a fO fy. R Z c ~. r w u i C u a'. p~p ~F p O h V s ~' < ~ 1 ~:• C~ U a .$ 3~ ~~~ ~ ~~~~ ~~ X u d 'g • 1 } .L ,7~ V! ~ L • N i ` ~ C a` .e1 ~ 4 O „_ ~g y ~ 6 ~~ ~3 _ ~ v~c° rt r cg di ~ ~ N wde5: ~ t 66-6I -9nd 'nH1 ACTION #A-091499-9.d ITEM NUMBER ~,.1 "°""'~ MEETING DATE: September 14, 1999 AGENDA ITEM: Appropriation of $1,000 to William Byrd High School's Saturday School from the Roanoke County Education Foundation COUNTY ADMINISTRATOR'S COMMENTS: BACKGROUND: The Roanoke County Education Foundation has presented a check in the amount of $1,000 for the William Byrd High School's Saturday School. SUMMARY OF INFORMATION: The Saturday School is for targeted students who need extra help on long-range written assignments as part of their Remedial Plan. FISCAL IMPACT: None STAFF RECOMMENDATION: Appropriation of $1,000 from the Roanoke County Education Foundation to the William Byrd High School's Saturday School. J y right Elmer C. Hodg up evisor of Fe ral Programs County Administrator ACTION VOTE No Yes Abs Approved (x) Motion by: Bob L. Johnson to approve Johnson _ x _ Denied ( ) Harrison _ x Received ( ) McNamara- x Referred ( ) Minnix _ x To ( ) Nickens _ x cc: File Joy Wright, Supervisor of Federal Programs Diane D. Hyatt, Director, Finance Dr. Deanna Gordon, School Superintendent Brenda Chastain, Clerk, School Board A-091499-9. e ACTION # ITEM NUMBER MEETING DATE: September 14, 1999 AGENDA ITEM: Appropriation of $1,000 grant from the Virginia Department of Education for Assistive Technology Devices COUNTY ADMINISTRATOR'S COMMENTS: G~~r~-~ BACKGROUND: The Roanoke County School Board has received $1,000 from the Virginia Department of Education for the purchase of Assistive technology devices to assist students with disabilities to access technology in classroom and media centers. SUMMARY OF INFORMATION: The school division received and appropriated funds from a similar grant last year. The funds will be expended to purchase items for students with disabilities. FISCAL IMPACT: None, no local matching required. STAFF RECOMMENDATION: Appropriation of the $1,000 grant to the school operating fund to be used to purchase items for students with disabilities. Dr. Carol Whitaker Elmer C. Hodge Director Pupil Personnel Services County Administrator And Special Education ACTION VOTE No Yes Abs Approved (x) Motion by: Bob L. Johnson to approve Johnson _ x _ Denied ( ) Harrison _ x Received ( ) McNamara- x Referred ( ) Minnix _ x _ To ( ) Nickens _ x cc: File Carol Whitaker, Director, Pupil Personnel Services & Special Education Diane D. Hyatt, Director, Finance Dr. Deanna Gordon, School Superintendent Brenda Chastain, Clerk, School Board A-091499-9.f 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 14, 1999 AGENDA ITEM: Request to Appropriate $25,000 for Aid to Dependent Children Foster Care Program for the Department of Social Services COUNTY ADMINISTRATOR'SoCOMMENTS: U BACKGROUND: The Department of Social Services receives, throughout the year, additional appropriations for public assistance and services delivery. The State has made available $25,000 additional Federal money for the Aid to Dependent Children -Foster Care program. This money is 100% Federal money and requires no local match. The Department cannot access these State funds until the County has appropriated the same. The Board of Supervisors is requested to appropriate $25,000 to the Social Services 98-99 budget for costs in the Aid to Dependent Children -Foster Care program. FISCAL IMPACT: None. The requested appropriation is 100% reimbursable State money made available to the locality by the State Department of Social Services. STAFF RECOMMENDATION: Staff recommends appropriation of $25,000 to the 98-99 Social Services budget for the Aid to Dependent Children -Foster Care program. 1 __.•- ."" Respectfully submitted, Appro ed by, Q. C ~yrt~ Betty R. Crary, Ph.D. Elmer C. Hodge Director of Social Services County Administrator ACTION VOTE No Yes Abs Approved (x) Motion by: Bob L. Johnson to approve Johnson _ x _ Denied () Harrison _ x _ Received () McNamara- x Referred () Minnix _ x To () Nickens _ x _ cc: File Dr. Betty McCrary, Director, Social Services Diane D. Hyatt, Director, Finance Brent Robertson, Finance John Chambliss, Assistant Administrator 2 1 A-091499-9 . g ACTION NO. ITEM NUMBER w AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 14, 1999 AGENDA ITEM: Acceptance and Appropriation of Section 18 Transportation Monies from the Virginia Department of Rail and Public Transportation for Use in the CORTRAN Program COUNTY ADMINISTRATOR'S COMMENTS: c~~~. BACKGROUND: Roanoke County has been notified of the grant approval of Section 18 monies from the Virginia Department of Rail and Public Transportation for FY 2000 in the amount of $21,210. The matching portion of these monies is taken from the appropriation already in place for CORTRAN. These monies, for the Section 18 program, can only be used for service in the rural sections of the County. CORTRAN designates rides from the qualifying areas and credits those to the grant program thereby improving the level of service provided by the County appropriation for CORTRAN. Because of the increasing demand for the CORTRAN service, it is suggested that the County accept these funds, appropriate them to the use of CORTRAN, and apply those monies to the ridership from the rural areas of the County. The CORTRAN fare increase from $2.50 to $3.50 per one way trip was implemented September 1, 1999. At this time, we have not instructed RADAR to limit ridership to determine the impact of the new fare. Staff has corresponded in writing to each of the listed riders of CORTRAN advising of this change and received approximately 50 phone calls concerning the change. It is suggested that staff report back to you in January to look at the impact of the increased fares on the total ridership. FISCAL IMPACT: Acceptance of this Section 18 grant provides $21,210 additional monies to be applied to the CORTRAN program for this year. ~ a ,t r RECOMMENDATIONS: Staff recommends acceptance of the Section 18 monies and appropriating them to the CORTRAN program. Staff will also report back to the Board in January concerning CORTRAN ridership. Respectfully submitted, ~~ ~ ~~~ ohn M. Chamblis Jr. Assistant Administrator ACTION Approved (x) Denied ( ) Received ( ) Referred ( ) To ( ) Approved by, Elmer C. Hodge ~~ County Administrator Motion by: Bob L. Johnson toBob L. Johnson to a~rove cc: File John M. Chambliss, Jr., Assistant Administrator VOTE No Yes Abs Johnson _ x Harrison _ x McNamara- x _ Minnix _ x Nickens _ x BRSEC18.999 A-091499-9 . h 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 14, 1999 SUBJECT: Request to Accept the Donation of an Access Easement from the Roanoke County School Board COUNTY ADMINISTRATOR'S COMMENTS: BACKGROUND: The Roanoke County Board of Supervisors owns a 500,000-gallon water storage tank behind Northside Middle School. Access to the tank was provided by a gravel road contained in a 50-foot access easement. The construction of the new gymnasium at Northside Middle School required that this access road be relocated. SUMMARY OF INFORMATION: The Roanoke County School Board has since relocated the road behind the middle school as shown on the attached easement plat as prepared by Lumsden Associates, P.C. and dated July 1, 1999. In order to complete the proj ect the Roanoke County Board of Supervisors needs to accept the relocated easement. FISCAL IMPACT: The fiscal impact is limited to the incidental costs of recording the easement document. STAFF RECOMMENDATION: Staff recommends that the Board of Supervisors accept the new 20-foot access easement as shown on the attached plat and authorize the County Administrator to execute this easement document. ..J ' 1 SUBMITTED BY: Gary Roberts n, P.E. Utility Director Approved (x) Denied ( ) Received ( ) Referred ( ) To ( ) APPROVED: Elmer C. Hodge County Administrator ACTION VOTE No Yes Abs Motion by: Bob L Johnson to approve Johnson _ x Harrison _ x McNamara- x Minnix - x Nickens _ x _ cc: File Gary Robertson, Director, Utility TAX X37.06-1-78 ROANOKE COUNTY BOARD OF SUPERVISORS D.B. l/Of PG. 1 EX/S77NG WATER TANK LOT ~ ~~~ ~ ` I` ~ ~. \~ ) ~_ ~ ' i % I ~ j ~ o~ ~ ~ ~ ~ ti i i i ~o ~ ~ ~ ~ i EX/S77NG GRA IiEZ I ~ ~ ORIVE~WAY ---L--F ~ ~ 1 i ~ . I ~ . ~ , I ~ i i EX/SI1NG CUL VERT-rte i ~ I 1~~' EX/ST/NG POWER ~ ~~ ~~ POLES ~-. ~o . I :~ ti o ~~ z ~ ^ ~ I ~ o°a ~ ~~o ~ h ~ k; ~~ ~ ~ J ~ ~ O 0 ~ I I~ j: ---__ 3 O^ ~\ .. :0~ ~~ Z EX/ST/NG 50' ACCESS EASEMENT TAX ,,f~37.08-1-75 ROANOKE COUNTY SCHOOL BOARD O.B. 749 PG 9B ~ EW 20' ACCESS EASEMENT ~0 .~ ~~\ ` ~~ `. .~ \~ \~~ EX/S77NG ~ SHED 4 ~ \~~ // ~ ~ f v EX/ST/NG ASPHAL T /~ PARKING AREA C ~~ C ~%~ SEX/SANG NOR7NS/DE M/DOLE SCHOOL PLAT SHOWING NEW 20' ACCESS EASEMENT BEING GRANTED TO BOARD OF SUPERVISORS OF ROANOKE COUNTY PyTH OF BY o ~Z ~ ~ °l~ ROANOKE COUNTY SCHOOL BOARD .~ VI~EN~ ~7, CATAWBA MAGISTERIAL DISTRICT ~ /' LU "" ROANOKE COUNTY, VIRGINIA l/ o , 42 SCALE 1" = 60' DATE: I JULY 1999 LUMSDEN ASSOCIATES, P.C. l'~Vp ~~.~p4~ ENgNEERS-SURVEYORS-PLANNERS ROANOKE, Y@IfiYrNl1 ti I~ O n N ,, ~¢ f~ P CENTERLINE' 20' ACC~S:S' EASl~'u~lENT L/NE BEAR/NG D/STANCE 1-2 N 894745" E 3B.B8' 2-3 N 8220 Ol " E 149.77' 3-4 S B9 09 37" E 50.71 ' 4-5 S 794559" E 21.15' 5-8 N 760839' £ 22.01' NOTE.• 1. TN/S PLAT WAS PREPARED WIINOUT THE BENEF/T OF A CURRENT 77TLE REPORT ANDTHERE MAY EX/ST ENCUMBRANCES WN%CH AFFECT THE PROPERTY NOT SHOWN HEREON. 2. THIS PLAT WAS PREPARED FOR THE INTENT TO GRANT A 20' ACCESS EASEMENT AND GOES NOT CON517TUTE A BOUNDARY SURVEY. J-y COMM. #99-220 A-091499-9.1 ACTION N0. ITEM N0. "~" ~ ~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 14, 1999 AGENDA ITEM: ACTION APPROVING, RATIFYING, AND CONFIRMING THE EXECUTION OF A CONSENT ORDER WITH WHITLOW AUTO CRUSHERS AND SALES TO REMEDIATE ZONING VIOLATIONS COUNTY ADMINISTRATOR'S COMMENTS: / SUMMARY OF INFORMATION: This action approves and ratifies the execution of a Consent Order with Whitlow Auto Crushers and Sales. This Consent Order will reduce the acreage used for business operations to the approximate acreage necessary to be in compliance with the status of business operations in 1970. Joy Leon Whitlow and Virginia Alice Whitlow own approximately 532 acres of real estate located off Ridgelea Rd. A portion of this property (32+ acres) has been the site of business operations of Whitlow Auto Crushers and Sales since the early 1950s. Since 1970 it has been a nonconforming use under the County's zoning ordinance. These business operations have expanded and contracted since 1970. In 1970 this property was zoned A-1, Agricultural District; in 1992 the zoning designation was changed to A-3, Agricultural/Rural Preserve. As a result of citizen complaints, zoning staff commenced enforcement actions with respect to this operation and alleged zoning violations last year. Staff has utilized aerial mapping photography in an attempt to identify the historical areas of operations. Unfortunately this historical record is less than clear. Staff has negotiated this Consent Order to remediate the problems identified, and to reduce the acreage utilized for these nonconforming uses. This Consent Order limits the specific business uses of the property and reduces the acreage and use of the business to approximately 17.5 acres and the uses in effect in 1970. Staff has identified 6 sub-areas for removal and clean-up within 18 months of approval by the Board of Supervisors; each sub-area to be remediated sequentially every 3 months. As each area is remediated it will be stabilized, reforested or vegetation planted. Fencing requirements will be adjusted to account for topography and the ability of the public to view the operations from the public right-of-way. G:\ATTORNEY\PMM\ZONING\WHITBOS.RPT Z ,.° ~1~ FISCAL IMPACTS: There is no immediate fiscal impact on Roanoke County; however, it will be necessary for County stafF to monitor the implementation of this Consent Order over the next 18 months to ensure compliance. STAFF RECOMMENDATION: It is recommended that the Board approve, ratify, and confirm the execution of this Consent Order. RespectFully submitted, Il I~~ Paul M. Mahoney County Attorney ACTION VOTE No Yes Abs Approved (x) Motion by: Bob L. Johnson to approve Johnson _ x Denied () Harrison _ x _ Received () McNamara- x _ Referred () Minnix _ x To () Nickens _ x cc: File Paul M. Mahoney, County Attorney Arnold Covey, Director, Community Development Terry Harrington, County Planner G:\ATTORNEY\PMM\ZONING\WHITBOS.RPT 2 ~, CONSENT ORDER County of Roanoke and Whitlow Auto Crushers and Sales Section 1. Purpose. This is a Consent Order issued under the authority of Section 15.2-2286 of the 1950 Code of Virginia, as amended, and Section 30-5 of the Roanoke County Zoning Ordinance between the Zoning Administrator for Roanoke County, the County of Roanoke, Whitlow Auto Crushers and Sales, and Joy Leon Whitlow and Virginia Alice Whitlow (collectively known as "Whitlow") to resolve certain violations of the Roanoke County Zoning Ordinance at real estate owned by Joy Leon Whitlow and Virginia Alice Whitlow in Roanoke County, Virginia. Section 2. Findings of Fact and Conclusions of Law. A. That the properties owned by Joy Leon Whitlow and Virginia Alice Whitlow as described in Section 2, Paragraph D of this Order were zoned A-1, Agricultural District, in 1970 and were continuously zoned A-l, Agricultural District, until December 3 I , 1992. On December 31, 1992, during a comprehensive rezoning by Roanoke County, the zoning designation of these properties changed to AG-3, Agricultural/Rural Preserve, which is the current zoning designation of these properties. B. That the business operations of Whitlow Auto Crushers and Sales has existed since prior to 1970 and since 1970 has continued as a nonconforming use on a portion of real estate identified as Roanoke County Tax Parcel No. 84.00-1-8. C. Whitlow has expanded and contracted this operation and use since 1970. D. Any expansion of the nonconforming use is a violation of the Roanoke County Zoning Ordinance. 1 ~ ~. E. Joy Leon Whitlow and Virginia Alice Whitlow own approximately 532 acres of real estate located off Ridgelea Road in Roanoke County, Virginia. Roanoke County Tax Parcel No. 84.00-1-8 consists of approximately 344 acres. On this real estate there is an area of approximately 32 acres which has been the site of the business operations of Whitlow Auto Crushers and Sales, a nonconforming use under the Roanoke County Zoning Ordinance. The actual area of use has varied from time to time. F. Neither the Whitlows nor their predecessors in title or interest have ever applied to Roanoke County for a change in zoning classification for this business operation on this real estate in order to bring it into compliance with the Roanoke County Zoning Ordinance. G. County Planning and Zoning staff has delineated the acreage currently used for the business operations and this delineation is shown in Exhibit 1. This area is identified as "The August 1999 Use and Operations Area" and consists of approximately 17.5 acres. Section 3. Agreement and Order. Accordingly, by virtue of the authority of the 1950 Code of Virginia, as amended and the Roanoke County Code, the Zoning Administrator orders and Joy Leon Whitlow and Virginia Alice Whitlow and Whitlow Auto Crushers and Sales agree that in order to remedy the violations described above and to bring this operation into compliance with the Roanoke County Zoning Ordinance, the Whitlows shall: A. Provide access for Roanoke County personnel to the entire property including active and non-active areas used for the business operations, and all records pertaining to the business operations of Whitlow Auto Crushers and Sales, at any reasonable time during normal business hours, with or without advance notice. The Zoning Administrator shall provide advance notice to Whitlow for access to business records. Such access shall be provided for the purposes of inspection, investigation, 2 ~' { evaluation, testing, sampling, corrective action, or other remedial measures. B. Whitlow shall reduce the acreage used for business operations to the approximate acreage necessary to be in compliance with the status of the business operations in 1970. This area is identified as "The August 1999 Use and Operations Area" and consists of approximately 17.5 acres. The reduction in acreage and use of the business to approximately the acreage and use in effect in 1970 shall be accomplished within 18 months of the date this Consent Order is approved by the Board of Supervisors. C. Whitlow shall reduce the acreage and use of the business to the area shown on Exhibit 1 on or before within the 18 month period set out above. This reduction in use and business operations shall include the following: reduce and remove junk cars; remove trash, garbage, and rubbish, including gasoline tanks, batteries, and tires, and dispose of all materials in accordance with the provisions of law. D. The specific uses to be made of the 17.5-acre property in conjunction with the operation of Whitlow Auto Crushers and Sales is limited as follows: (i) to crush vehicles, (ii) to salvage metals, and (iii) to recycle materials from vehicles. All tires from vehicles to be disposed of in accordance with provisions of law. All batteries will be sold to battery recycling operations or otherwise disposed of in accordance with the provisions of law. E. Exhibit 1 delineates the approximate 1970 use and operation area as well as six additional sub-areas outside of the 1970 use and operation area. Whitlow agrees to remove all junk cars and parts of cars, trash, garbage and rubbish from each of the sub- areas outside of the approximate 1970 use and operation area, sequentially, beginning with sub-area 1, every 3 months. At the conclusion of each 3 month period, Roanoke County personnel shall inspect the compliance efforts for each sub-area or sector. Although it is preferable to crush and remove motor vehicles from each sector or sub-area, the County acknowledges that market conditions may require the storage of these motor vehicles on-site within the approximate 1970 use and operation area. If the motor 3 ~-` vehicles can not be removed from the property, then the motor vehicles will be removed from each sector or sub-area and stored within the approximate 1970 use and operation area. By dividing the compliance work into six 3-month phases, the parties believe that this would permit reasonable compliance monitoring of the reduction and removal of junk cars and motor vehicles, and compliance with the provisions of the County Code. This removal work is subject to adverse weather conditions which may require additional time for compliance. If Whitlow requires additional time for removal work due to adverse weather conditions, then Whitlow shall immediately notify the Zoning Administrator of such conditions. F. As each sector or sub-area is remediated, Whitlow agrees to stabilize the soils and to plant vegetation on all areas no longer used for business operations. G. Whitlow agrees to prepare and submit for approval, if required by County, an erosion and sedimentation control plan for all new roads constructed for the remediation work. H. Whitlow agrees to reforest cleared areas with a mixture of pine trees and hardwoods in accordance with a forest management plan to be submitted to the county within three months of the completion of work in each sub-area as weather permits. I. This fencing requirement in the County Zoning Ordinance may be adjusted by the Zoning Administrator to account for the topography of the site and the ability of the public to view the automobile graveyard from the public right-of-way. J. Whitlow agrees that no further expansion of the business operations will occur outside the 17.5 acres without specific approval and/or rezoning by the County. Whitlow agrees that any additional automobiles or junk cars brought to the property shall be located only within the designated August 1999 use and operation area. IC. No other use shall be made of this property, unless in accordance with the provisions of the Roanoke County Zoning Ordinance. 4 ~~ .~ Section 4. Administrative Provisions. A. The County may modify, rewrite, or amend this Consent Order with the consent of Whitlow for good cause shown by Whitlow or on its own motion after notice to Whitlow and opportunity to be heard. B. This Consent Order addresses only the zoning violations specifically identified herein. This Consent Order shall not preclude the County or the Zoning Administrator from taking any action authorized by law including, but not limited to, (i) taking any action authorized by law regarding any additional subsequent or subsequently discovered violations; (ii) seeking subsequent remediation of the property as may be authorized by law; and/or (iii) taking subsequent action to enforce the terms of this Consent Order provided not in contravention with this Order. Nothing herein shall effect appropriate enforcement actions by other Federal, State, or other regulatory authorities whether or not arising out of the same or similar facts. C. For purposes of this Consent Order or subsequent actions with respect to this Consent Order, Mr. and Mrs. Whitlow and Whitlow Auto Crushers and Sales admits the jurisdictional allegations, factual findings, and conclusions of law contained herein. Mr. and Mrs. Whitlow and Whitlow Auto Crushers and Sales declare that they have received fair and due process under the Constitution, 1950 Code of Virginia, as amended, and the Roanoke County Code and they waive the right to any hearing or other administrative proceeding authorized or required by law or regulation and to judicial review of issue of fact or law contained herein. Nothing herein shall be construed as a waiver of the right to any administrative proceeding or to judicial review of any action taken by the County or the Zoning Administrator to enforce this Consent Order. D. Failure by Mr. or Mrs. Whitlow or Whitlow Auto Crushers and Sales to comply with any of the terms of this Consent Order shall constitute a violation of an order of the Zoning Administrator. Nothing herein shall waive the initiation of an appropriate enforcement action or the issuance of additional orders as appropriate by the S ~~" ~ V County or the Zoning Administrator as a result of such violations. Nothing herein shall effect appropriate enforcement actions by any other Federal, State, or other local regulatory authority. E. If any provision of this consent order is found to be unenforceable for any reason, the remainder of the Consent Order shall remain in full force and effect. F. Mr. and Mrs. Whitlow and Whitlow Auto Crushers and Sales shall be responsible for failure to comply with any of the terms and conditions of this Consent Order unless compliance is made impossible by earthquake, flood, or other act of God or strike or other such occurrences. Mr. and Mrs. Whitlow or Whitlow Auto Crushers and Sales must show that the circumstances resulting in the noncompliance were beyond their control and were not due to a lack of good faith or diligence on their part. Mr. and Mrs. Whitlow or Whitlow Auto Crushers and Sales shall notify the Zoning Administrator in writing when circumstances are anticipated to occur, are occurring, or have occurred that may delay compliance or cause non-compliance with any requirement of this Consent Order. Failure to so notify the Zoning Administrator as soon as reasonably practical under the circumstances then existing shall constitute a waiver of any claim of any inability to comply with the requirement of this Consent Order. G. This Consent Order is subject to the approval of the Board of Supervisors of Roanoke County, Virginia, and upon approval, is binding upon the parties hereto, their successors in interest, designees, and assigns, jointly and severally. If this Consent Order is not approved by the Board of Supervisors by September 28, 1999, then it shall be null and void. H. This Consent Order shall continue in effect until (i) Mr. and Mrs. Whitlow and Whitlow Auto Crushers and Sales petitions the Zoning Administrator to terminate the Consent Order after they have completed all requirements of the Consent Order, or (ii) the Zoning Administrator may terminate this Consent Order in his sole discretion upon 30 days written notice to Mr. and Mrs. Whitlow and Whitlow Auto Crushers and 6 ~~ Sales. Whitlow may appeal this decision to terminate this Consent Order as otherwise provided by law. Termination of this Consent Order or of any obligations imposed in this Consent Order shall not operate to relieve Mr. and Mrs. Whitlow and Whitlow Auto Crushers and Sales from their obligation to comply with any statute, regulation, permit condition, ordinance, other order or requirement otherwise applicable. I. So long as Whitlow Auto Crushers and Sales are making reasonable compliance efforts with the requirements of this Consent Order, and satisfying the sequential reduction in the number of junk cars and removal of junk cars, trash, garbage, refuse from each of the sectors or sub-areas in accordance with the schedule contained herein, then the Zoning Administrator may endorse his approval for the zoning compliance certification to the Department of Motor Vehicles, Dealer Services Division for the continued use and operation of this property by Whitlow Auto Crushers and Sales and thereafter he shall endorse if we are not in violation of this Order. J. By their signatures below, Mr. and Mrs. Whitlow and Whitlow Auto Crushers and Sales voluntarily agree to the issuance of this Consent Order. Joy Leon Whitlow Virgi Alice Whitlow WHITLOW AUTO CRUSHER AND SALES r~ ~~~_ S By Joy Leon Whitlow, President Terrance Harrington Zoning Administrator 7 ~t~ State of Virginia, County of Roanoke, to-wit: The foregoing instrument was acknowledged before me this~_ day of ~~ , 1999, by Joy Leon Whitlow and Virginia Alice Whitlow, individually, and by Joy Leon Whitlow as President of Whitlow Auto Crushers and Sales. _~, Notary Public My commission expires: ~ ~, ~ d State of Virginia, County of Roanoke, to-wit: The foregoing instrument was acknowledged before me this ~ day of _ , 1999, by Terrance Harrington, Zoning Administrator. Notary Public My commission expires: C~ U:\WPDOCS\ZONING\WHITLO W\CONSENT.ORD 1 ~~~ a :w a z °' a ~ W ~ a a O otS' 'w' a~ 0 ~ c /°/1 0_ 6 IL \~ m i _ ~ y ~ ~ ~~ ~ ~ ~ i ~ .. ,~ °~~ ~ ~ ,. ~, ~ 7' 1 ~¢~ ~ ~ ~ ;t ~~,~~ t~` ~~ ~ ~ ~ ~~ t ~ ~~ ~ , k '- ,~' ~. '' k~'` ~- ~ ~: ~ +R v` ~~ ~ ~ ~- a S ~ +~ . y ° +[ ~ ~,, „~~, r ~ ~ ~ ~ ~ ; , ~ ~ ~~ ~ .~~ "~ ~t~~~ '~+~ ~~ ~ =r~+f' ,~~y 7 f ~ ,~ s r ~~ ~ 1995 Aerial Base Photography Sub-area. Recovery Locations ~~ _1. ~.~.~/ w! USE & OPERATION AREA AUG. 1999 N A-091499-9.j ACTION NO. ITEM NO. ~ ""1~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 14, 1999 AGENDA ITEM: Donation of various easements to the Board of Supervisors of Roanoke County by Radford & Company in connection with development of McVitty Forest COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: This consent agenda item involves the donation of the following easements by Radford & Company to the Board of Supervisors in relation to McVitty Forest in the Cave Spring Magisterial District of the County of Roanoke. a) Donation of a perpetual 30-foot greenway easement extending generally along the northerly border of the property adjacent to Virginia Route 419 (Electric Road) as shown on ~~Plat Showing Easements Within McVitty Forest, Property of Radford & Company, to be Dedicated to Roanoke County, Virginia, prepared by Lumsden Associates, P. C., under date of October 20, 1997, to be'recorded in the Clerk's Office of the Circuit Court of Roanoke County, a copy of which will be available at the Board meeting. b) A greenway easement generally along Mud Lick Creek, of variable width, identified as the New Greenway Easement, extending from Virginia Route 419 to the northerly side of McVitty Road as shown on the aforesaid Plat. c) A stormwater management easement extending generally on both sides of Mud Lick Creek as shown in the cross-hatched area and identified as the "Area contained by Floodway Dedicated to Roanoke County as a stormwater Management Easement" as shown on the aforesaid Plat. d) A 20-foot sanitary sewer easement identified as the New 20-foot Sewer Easement extending generally along the northerly portion of the subject property as shown on the aforesaid Plat. r' '~ e) 20-foot water line easements extending from the following points, all as shown on the aforesaid plat: extending from Point W1 to W14; extending from Point W10a to W10b. f) 10-foot water line easements extending from the following points, all as shown on the aforesaid Plat: extending from Point W7a to W7b; extending from Point W7c to W7d; extending from Point W8a to W8c; extending from Point W8d to W8e; extending from Point W10c to W10d; extending from Point W10e to W10f. The location and dimensions of this property has been reviewed and approved by County staff. STAFF RECOMMENDATION: StafF recommends acceptance of these easements. Respectfully submitted, ~~ ~ r Y 6 Paul M. Mahoney County Attorney ACTION Approved (x) Denied ( ) Received ( ) Referred ( ) To ( ) Motion by: Bob L. Johnson to approve cc: File Paul M. Mahoney, County Attorney Arnold Covey, Director, Community Development Gary Robertson, Director, Utility VOTE No Yes Abs Johnson _ x _ Harrison _ x McNamara- x Minnix _ x Nickens x U: \W PDOCS\AG EN DA\REALEST\MCVIrTY. EST O~ POANp~~` ~ 9 °v a Z AGENDA ITEM NO. ~~ 1838 APPEARANCE REQUEST PUBLIC HEARING ORDINANCE CITIZEN COMMENTS SUBJECT: __~chool~~-~~In~ ~ro~ec S 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 GU/DEL/NES L/STED 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 ll l r-'V %1~ ADDRESS: PHONE: _ ~~''- ?1~9 My name is Bill Irvin, 1 reside at 3577 Colony Lane and represent the Cave Spring Magisterial District on the Roanoke County School Board. Mr. Chairman and member of the board: All of us have numerous influences in our lives and many factors lead you to the position you now hold on the Roanoke _County Board of supervisors. But one thing is certain, a major factor in preparing you to be successful was the education you received early in life. Roanoke County has embarked on an unprecedented building campaign for school facilities, with six projects either complete or nearing completion. However, the two most critically needed projects, a new South County High School and Glenvar Middle School renovations, are still on hold. The new high school has been discussed by both boards for over 10 years. Within the past 3 weeks, Dr. Nickens, Mr. McNamara, Mr. Leggette, and 1 spent over seven hours trying to find ways to reduce costs for the project, and were successful. We stand at a crossroads. You are being asked to do what is right for our future taxpayers by voting to proceed with the project that is needed in South Roanoke County. The alternative is a familiar one; either study the project more with further delays, or proceed with a reduced project which will be inadequate and cost -more taxpayer dollars in the long run. Your board stood at this crossroads on the road to Spring Hollow; the easy road being to delay due to lack of participation by neighboring jurisdictions. You showed the courage to take the tough road and we all benefit today. Water is a basic need. But you have to agree that to prosper in our society today, a quality education is almost as necessary. 1 urge you to approve funding for this project so that South County and Glenvar can continue to offer a excellent education to all students of Roanoke County. n~-~ - GENERAL FUND UNAPPROPRIATED BALANCE COUNTY OF ROANOKE, VIRGINIA Amount Unaudited Beginning Balance at July 1, 1999 $6,750,027 Balance at September 14, 1999 Changes below this line are for information and planning purposes only. Balance from above $6,750,027 $6,750,027 5.94% 5.94% $6,750,027 5.94% Note: On December 18, 1990, the Boazd of Supervisors adopted a goal statement to maintain the General Fund Unappropriated Balance at 6.25% of General Fund Revenues 1999 2000 General Fund Revenues $113,709,991 6.25% of General Fund Revenues $7,106,874 Respectfully Submitted, Approved By, Diane D. Hyatt Elmer C. Hodge Director of Finance County Administrator of General Fund Revenues M:\Finance\Common\B oazd\Gen99. WK4 ~ I ". 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 Balance at September 14, 1999 $344,271.80 Respectfully Submitted, Approved By, ~, ~.~~` Diane D. Hyatt Director of Finance Elmer C. Hodge County Administrator M:\Finance\Common\Board\Cap99.WK4 N-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 14, 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 ~- y 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 14, 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, ~ ~. ~~~ Diane D. Hyatt Director of Finance Approved By, Elmer C. Hodge County Administrator 84.960.00 $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\B oard\School99 . WK4 ~4 ACTION NO. ITEM NUMBER /~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 14, 1999. AGENDA ITEMS: Statement of the Treasurer's Accountability per Investments and Portfolio Policy, as of August 31, 1999. COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: BANKERS ACCEPTANCE: B B &T 4, 953, 988.39 BANK OF AMERICA 1,976,726.11 WHEAT 1ST UNION 2,968,098.06 9,898,812.56 CERTIFICATE OF DEPOSITS: FIRST AMERICAN 100,000.00 SOUTHWEST VIRGINIA SAVINGS & LOAN 100,000.00 200,000.00 COMMERICAL PAPER: BB&T 987,250.00 BANK OF AMERICA 1,960,967.22 PAI N E-WEBBER 4, 936,445.83 SUNTRUST 6,914,046.12 WACHOVIA 5,140,410.36 WHEAT 1ST UNION 2,962,202.22 22,901,321.75 GOVERNMENT: JC BRADFORD 2,937,025.56 2,937,025.56 LOCAL GOVT INVESTMENT POOL: GENERAL FUND 7,626,840.82 RESOURCE AUTHORITY 1,824,108.07 9,450,948.89 MONEY MARKET: CRESTAR 2,815,883.60 PAINE-WEBBER 6,035,547.78 8,851,431.38 CASH INVESTMENTS: WACHOVIA 2,283,060.37 MENTOR (GEN. OPER) 5,233,700.88 MENTOR (RES. AUTH.) 5,573,801.11 LB&T 3,137,128.39 16,227,690.75 TOTAL 70.467.230.89 Pg1of2 r A ~ ,- ACTION NO. N~ 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 14, 1999. AGENDA ITEMS: Statement of the Treasurer's Accountability per Investments and Portfolio Policy, as of August 31, 1999. STAFF RECOMMENDATION: Respectfully Submitted 1~y ~ _-',~ / / ,~~ _ . Alf~`'ed C. Anderson ;;County Treasurer ACTION Approved ()Motion by: Denied () Harrison Received () Johnson Referred () McNamara To () Minnix Nickens Approved by: Elmer C. Hodge County Administrator VOTE No Yes Ab Pg2of2 ACTION NO. ITEM NUMBER 1C'~ d AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 14, 1999 AGENDA ITEM: Work Session to receive update on progress ofthe discussions on school construction projects by Supervisors McNamara and Nickens COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: At a joint work session with the School Board on August 24, 1999, the Board of Supervisors and School Board established a committee to discuss ways to reduce the costs ofthe school construction projects. Supervisors McNamara and Nickens and School Board members Leggette and Irvin were appointed to the committee by their respective bodies. This time has been set aside to receive an update on these discussions. Elmer C. Hodge County Administrator --------------------------------------------------------------------------------------------------------------------- ACTION VOTE No. Yes Abs Approved () Motion by: Harrison _ _ Denied () Johnson _ _ _ Received () McNamara_ _ _ Referred () Minnix _ _ _ To () Nickens ACTION NO. A-091499-10 ITEM NUMBER P-2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 14, 1999 AGENDA ITEM: Approval of increase in the scope and funding for new South County High School COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION This action was taken in open session following a work session of the Board of Supervisors at the September 14, 1999 meeting to hear an update on the progress of the discussions on school construction projects by Supervisors McNamara and Nickens. Supervisor Johnson moved that the scope of the South County high school be increased from $28,231,150 to $30 Million with $800,000 of that coming from the School's Fiscal Year 1998/99 year end rollover; and that the School Board instruct the architects to move forward with the schedule so that the new school will open in July, 2002. The motion carried by a unanimous recorded vote. ACTION Approved ( x Denied ( ) Received ( ) Referred ( ) To ( ) cc: File Motion by: Motion by Supervisor Johnson Johnson as stated above Harrison VOTE No Yes Abs x x _ McNamara- x Minnix _ x Nickens _ x Diane D. Hyatt, Director, Finance Dr. Deanna Gordon, School Superintendent Brenda Chastain, Clerk, School Board ACTION NO. ITEM NO. AT A REGULAR MEETING OF THE ROANOKE COUNTY BOARD OF SUPERVISORS HELD AT THE ROANOKE COUNTY ADMINISTRATION BUILDING MEETING DATE: September 14, 1999 AGENDA ITEM: Increase in the design fee for SFCS COUNTY ADMINISTRATOR'S COMMENTS: BACKGROUND: The project scope for the new South County high school has been increased. This request to increase the design fee for SFCS from $1,100,000 to $1,349,841 is based on the increased project scope as shown on the attached sheet. SUMMARY OF INFORMATION: The total increase for the design fee would be $249,841. It is based on the same rate as that provided in the original contract. FISCAL IMPACT (Alternatives, if applicable: STAFF RECOMMENDATION: Staff recommends approval of the increase in the design fe for SFCS from $1,100,000 to $1,349,841. Signature: Sianature: Name Deanna W. Gordon Mr. Elmer Hodge Title Superintendent County Administrator ACTION VOTE No Yes Abs Approved () Motion by: Denied ( ) Received ( ) Referred ( ) To () . Harrison - - _ Johnson . - McNamara- Minnix - - Nickens - - - c Deanna Gordon, Superintendent Brenda Chastain, Clerk Diane Hyatt, Director of Finance Architecture Engineering Planning Interiors SFCS Sherertz Franklin Crav~ford Shaffner Inc. July 20, 1999 (Revised September 2, 1999) Dr. Deanna Gordon Superintendent Roanoke County Schools 5937 Cove Road Roanoke, VA 24019 Re: South County High School, Roanoke County, VA SFCS Commission No. 97322.UOIAF De~>z Deanna: 4 f • iW N 'r/ ~~,~ C, f~ S As requested, we are providing Proposed fees for additional services and increased prof ect scope related to the proposed South County High School: Increased I'roiect Scope Original Construction Cost (Fixed Limit of Construction) $19,6~U,000.00 Estimated Construction Cost ew Fixed Limit of Construction $24,113 082.00 Scope Increase $4,463,082.00 Original Base Fee $1,100,000.00 Proposed New Fee $1,349,841.00 Fee Increase $249,$41.00 2, Early Sitework Packa;?e Fee Proposed During Contract Negotiations $60,000.00 305 South Jefferson Street Roanoke, Virgirna 2407t-2003 540-344-6&8a FAX 540-343-6925 entail stcs(b)sfcs.com i1S ER VER I!PKOJECTS1SHrUZEDIUsersUPl.1,•1STlgordon 1.. doc South Co~ulty High School SFCS Commission No, 97322.00 September 2, 1999 Page 2 Technology Consultant Optional Additional Sectiice Listed in otu Contract $50,000.00 Total for Items 1 through 3 If you have any questions or comments, please do not hesitate to call. Sincerely. .~ ~/ Manjit S. Toor Chief Executive Officer pc Dale Leidich =,~, $359,814.00 i;SERVERl~1'ROJECTS'~SHAR.ED\Users~JP`1~IS?lgordan(. dac J~~ V 1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON SEPTEMBER 14, 1999 RESOLUTION 091499-11 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 Minnix, Harrison, Nickens. Johnson NAYS: None ABSENT: Supervisor McNamara A COPY TESTE: ~• Mary H. Allen, CMC/AAE Clerk to the Board of Supervisors cc: File Closed Session File ~ ROANp~.~ L ~. „~ 1838 P.O. BOX 29800 5204 BERNARD DRIVE MARY H. ALLEN, CMC CLERK TO THE BOARD Intemet E-Mail: mallenQwww.co.roanoke.va.us ROANOKE, VIRGINIA 24018-0798 (540) 772-2005 FAX (540) 772-2193 BRENDA J. HOLTON DEPUTY CLERK Internet E-Mail: bholton@www.co.roanoke.va.us September 15, 1999 Mr. Neil A. Gallagher 5635 Village Way Roanoke, VA 24014 Dear Mr. Gallagher: The members of the Board of Supervisors wish to express their sincere appreciation for your previous service to the Industrial Development Authority. 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 14, 1999, the Board of Supervisors voted unanimously to appoint you as a member of the Industrial Development Authority for another four year term. Your term will begin on September 26, 1999, and will expire on September 26, 2003. State law provides that any person elected, re-elected, or appointed to any public body be furnished a copy of the Freedom of Information Act. Your copy is enclosed. State law requires that you take an oath of office before the Clerk of the Roanoke County Circuit Court. This oath must be administered prior to your participation on this Board. Please telephone Steven A. McGraw, at 387-6205, to arrange to have this oath administered, and Mr. McGraw has asked that you bring this letter with you. On behalf of the Supervisors and the citizens of Roanoke County, please accept our sincere thanks and appreciation for your willingness to accept this appointment. Sincerely, ~ -~ ,~ . ~ Mary H. Allen, CMC/AAE Clerk to the Board of Supervisors Enclosures cc: Timothy W. Gubala, Steven A. McGraw, IDA, Secretary Clerk, Circuit Court ® Recycled Paper ~ EtOAN ,Y~ ~ 9 z -~ a= ~aor~~~ ~~ aor~~~.~Z~ 1838 P.O. BOX 29800 5204 BERNARD DRIVE MARY H. ALLEN, CMC CLERK TO THE BOARD Internet E-Mail: mallenQwww.co.roanoke.va.us ROANOKE, VIRGINIA 24018-0798 (540) 772-2005 FAX (540) 772-2193 September 15, 1999 Ms. Carole Brackman 5203 Cherokee Hills Drive Salem, VA 24153 Dear Ms. Brackman: BRENDA J. HOLTON DEPUTY CLERK Internet E-Mail: bholton@www.co.roanoke.va.us The members of the Board of Supervisors wish to express their sincere appreciation for your previous service to the Industrial Development Authority. 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 14, 1999, the Board of Supervisors voted unanimously to re-appoint you as a member of the Industrial Development Authority for another four year term. Your term will begin on September 26, 1999, and will expire on September 26, 2003. State law provides that any person elected, re-elected, or appointed to any public body be furnished a copy of the Freedom of Information Act. Your copy is enclosed. State law requires that you take an oath of office before the Clerk of the Roanoke County Circuit Court. This oath must be administered rp for to your participation on this Board. Please telephone Steven A. McGraw, at 387-6205, to arrange to have this oath administered, and Mr. McGraw has asked that you bring this letter with you. On behalf of the Supervisors and the citizens of Roanoke County, please accept our sincere thanks and appreciation for your willingness to accept this appointment. Sincerely, ~~~. Mary H. Allen, CMC/AAE Clerk to the Board of Supervisors Enclosures cc: Timothy W. Gubala, Steven A. McGraw, IDA, Secretary Clerk, Circuit Court ® Recycled Paper ~ AOANp~.~ L 2 '"^ 9G,t az ~~~~~ ~~ ~~~~~.~ 1838 P.O. BOX 29800 5204 BERNARD DRIVE MARY H. ALLEN, CMC ROANOKE, VIRGINIA 24018-0798 BRENDA J. HOLTON CLERK TO THE BOARD (540) 772-2005 DEPUTY CLERK Internet E-Mail: mallen@www.co.roanoke.va.us FAX (540) 772-21 93 Internet E-Mail: bholton@www.co.roanoke.va.us September 15, 1999 Mr. Vince Reynolds 4229 Toddsbury Drive Vinton, VA 24179 Dear Mr. Reynolds: The members of the Board of Supervisors wish to express their sincere appreciation for your previous service to the Clean Valley Council. 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 14, 1999, the Board of Supervisors voted unanimously to re-appoint you to the Clean Valley Council for another two year term beginning June 30, 1999, and ending June 30, 2001. State law provides that any person elected, re-elected, appointed, or re-appointed to any public body be furnished a copy of the Freedom of Information Act. Your copy is enclosed. On behalf of the Supervisors and the citizens of Roanoke County, please accept our sincere thanks and appreciation for your willingness to accept this appointment. Sincerely, ~. Mary H. Allen, CMC/AAE Clerk to the Board of Supervisors Enclosure cc: Ms. Ann Masters, Executive Director Clean Valley Council P. O. Box 523 Roanoke, VA 24003 ® Recycled Paper . *~ I N T E R MEMO O F F I C E County Administrator's Office To: Board of Supervisors From: Elmer C. Hodge ~~~~ Subject: Agenda Item from School Board Date: September 10, 1999 Attached is a Board agenda item that has been requested by Dr. Gordon and the School Board. It is a request to increase the architecture and engineering fee from $1,100,000 to $1,349,841 for the new high school. As you know, at the August 24 joint work session with the School Board, a committee was set up with two members from each Board to review the plans and costs for this project . This committee has not yet come to any agreement. Additionally, proposed amendments to the project have not been reviewed by the entire Board of Supervisors. Mr. Johnson and I have chosen to hold this item until after the work session that has been scheduled for Tuesday. If there is consensus from the Board, then the item can be added and acted upon. If this review committee is to be effective now, and in the future, they really need to reach consensus and bring these changes to the School Board and Board of Supervisors together. If you have any questions, please give me a call. CC: Dr. Deanna Gordon Paul Mahoney '~ Rrchitecture Engineering Planning Interiors SFCS Sherertz Franklin Crawford Shaffner Inc. July 20, 1999 (Revised September 2, 1999) Dr. Deanna Gordon Superintendent Roanoke County Schools 5937 Cove Road Roanoke. VA 24019 Re: South County High School, Roanoke County, VA SFCS Commission No. 97322.U0/AF De~ir Deanna: :,.; As requested, we are providing proposed. fees for additional services and. increased project scope related to the proposed South County High School: Increased Project Scope Original Construction Cost (Fixed Limit of Construction) $19,6~U;000.00 Estimated Construction Cost (New Fixed Limit of Construction) $24 113 082 00 Scope Increase $4,463,082.00 Original Base Fee $ I ,100,000.00 Proposed New Fee $1 349 841.00 Fee Increase $249,841.00 2. Early Sitework Package Fee Proposed During Contract Negotiations 305 South Jefferson Street Roanoke, Virginia 2401t•2003 540-344-6664 FAX 540-343-6925 entail sfcs(5~sfcs.com $60,000.00 i1SER VER I\PRO!ECTS\SHARL-D1UsersUPlA4sllgordoa I „doc South County High School SF'CS Commission No. 97322.00 September 2, 1999 Page 2 3. Technology Consultant Optional Additional Secviee Listed in our Contract $50,000.00 Total for Items 1 tluough 3 If you have any questions or continents, please do not hesitate to call. Sincerely, 1r~'y Manjit S. Toor Chief Executive 0_Cficer pc Dale Leidirh $359,814.00 t`rSGRVERI`,PROJECTS';SHAIZ.ED`,UsersVPIMSTIgordan[ doc ACTION NO ITEM NO. AT A REGULAR. MEETING OF THE ROANOKE COUNTY BOARD OF SUPERVISORS HELD AT THE ROANOKE COUNTY ADMINISTRATION BUILDING MEETING DATE: August 24, 1999 AGENDA ITEM: Increase in the design fee for SFCS COUNTY ADMINISTRATOR'S COMMENTS: BACKGROUND: The project scope for the new South County high school has been increased. This request to increase the design fee for SFCS from $1,100,000 to $1,400,000 is based on the increased project scope as shown on the attached sheet. SUMMARY OF INFORMATION: The total increase for the design fee would be $300,000. It is based on the same rate of 5.27% as that provided in the original contract. FISCAL IMPACT (Alternatives. if applicable): STAFF RECOMMENDATION: yStaff recommends approval of the increase in the design fee for SFCS from $1,100,000 to $1,400,000. r- -- Signature: > _ ,; Signature: Name Deanna W. Gordon . Mr. Elmer Hodge Title Superintendent County Administrator --------------- ACTION Approved () Motion by: Denied ( ) Received ( ) Referred ( ) To () . VOTE No Yes Abs Harrison - Johnson _ McNamara Minnix - Nickens c Deanna Gordon, Superintendent Brenda Chastain, Clerk Diane Hyatt, Director of Finance Ar~hitect~~re J Engineering Planning Interiors SFCS Sherertz Franklin Crawford Shaffner Inc. July 20, 1999 Dr. Deanna Gordon Superintendent Roanoke County Schools 5937 Cove Road Roanoke, VA 24019 Re: South County High School, Roanoke County, VA SFCS Commission Number 97322.00/AF Dear Deanna: ~ls~ ~~~ .~~~ ~~ ~ ~~ ,~ ~~~ ~ ~b As requested, we are providing proposed fees for additional services and increased project scope related to the proposed South County High School: 1. Increased Project Scope Original Construction Cost (Fixed Limit of Construction) $19,650,000.00 Estimated Construction Cost (New Fixed Limit of Construction) $25,000,000.00 Scope Increase $5,350,000.00 Original Base Fee $1,100,000.00 Proposed New Fee $1,400,000 00 Fee Increase $300,000.00 2. Early Sitework Package Fee Proposed During Contract Negotiations $60,000.00 3. Construction Documents with Additive Bid Item(s) Architectural 200 hrs. at an average rate of $90.00 hr. $18,000.00 Engineering 240 hrs. at an average rate of $85.00 hr $20,400 00 Total 440 hrs. $38,400.00 305 South Jefferson Street Roanoke, Virginia 24011-2003 540-344-6664 FAX 540-343-6925 entail sfcs(ri~sfcs com ~~ ®1~®~ C®UI~~ 1~TT®~ I ~S ~1~-~ Roanoke County Administration Center 5204 Bernard Drive, S. W. -Room 431 Roanoke, VA 24018-0798 772-2007 772-2089 fax MEMORANDUM TO: Board of Supervisors.,,,,,/~ /~ FROM: Paul M. Mahoney ~J' J,' DATE: 9 September 1999 u SUBJECT: Authority to limit forestry operations EXECUTIVE SUMMARY In January of 1997 Mr. Harrington and I summarized for Mr. Harrison and the other members of the Board, State Code limitations on local authority to regulate or limit forestry operations. At that time Mr. Harrison was responding to inquiries of concerned citizens with respect to the Poor Mountain/Dry Hollow logging operations. This memorandum will review these limitations, and discuss recent State Code amendments adopted since January 1997 and a recent opinion of the Attorney General with respect to the power of localities to regulate silvicultural activities. I recommend that the Board consider referring this matter to the Planning Commission for its review, and the development of appropriate amendments to the County Code. DISCUSSION 1. § 10.1-1181.1 defines "silvicultural activity" as "any forest management activity, including but not limited to the harvesting of timber, the construction of roads and trails for forest management purposes, and the preparation of property for reforestation." 2. The phrase "silviculture activity" is repeated in § 15.2-2288 of the State Code. This section provides that a local zoning ordinance shall not require that a special exception or special use permit be obtained for any production, agriculture, or silviculture activity in an area that is zoned as an agriculture district or classification. Despite this limitation, it is important to note that localities still retain the power to adopt setback requirements, minimum area requirements, and other requirements that apply to land used for agriculture or silviculture activity. This legislation is set out in full as follows: § 15.2-2288 Localities may not require a special use permit for certain agricultural activities. A zoning ordinance shall not require that a special exception or special use permit be obtained for any production agriculture or silviculture activity in an area that is zoned as an agricultural district or classification. For the purposes of this section, production agriculture and silviculture is the bona fide production or harvesting of agricultural or silviculture products but shall not include the processing of agricultural or silviculture products or the above ground application or storage of sewage sludge. However, localities may adopt setback requirements, minimum area requirements and other requirements that apply to Land used for agriculture or silviculture activity within the locality that is zoned as an agricultural district or classification. 3. The erosion and sediment control law (Article 4 of Title 10.1 of the Code of Virginia) exempts forestry operation from the definition of "land disturbing activity" under § 10.1-560: "land disturbing activity ...shall not include: ('~ tilling, planting or harvesting of agricultural, horticultural or forest crops or livestock feedlot operations; ...however, this exception shall not apply to harvesting of forest crops unless the area on which harvesting occurs is reforested artificially or naturally in accordance with the provisions of Chapter 22 (~ 10.1-1100, et seq.) of this title or is converted to bona fide agricultural or improved pasture use as described in Subsection B of ~ 10.1-1163." 4. The "Right to Farm Act" ~ 3.1-22.28, et seq. substantially restricts the power of a county to adopt an ordinance that requires a special exception or special use permit for any production agriculture or silvicultural activity in an area that is zoned as an agricultural district or classification. The term "production agriculture and silviculture" means the "bona fide production or harvesting of agriculture or silviculture products but shall not include the processing of agriculture or silvicultural products or the above ground application of sewage sludge." Further, no locality shall enact zoning ordinances which would unreasonably restrict or regulate farm structures or farming and forestry practices in an agricultural district or classification unless such restriction bears a relationship to the health safety and general welfare of its citizens. Finally, this Act also provides that no agricultural operation shall become a nuisance, public or private, if such operations are conducted in accordance with the existing best management practices and comply with existing laws and regulations of the Commonwealth. 2 The Act also provides that any and all ordinances of any local government that would make the operation of any such operation a nuisance shall be null and void. This provision shall not apply whenever a nuisance results from negligence or improper operations. 5. In 1997 the Virginia General Assembly adopted legislation which directed the state forester to develop silvicultural best management practices, including reforestation, prevention of erosion and sedimentation, and maintenance of buffers for water quality. In addition, this legislation also adopted a new § 10.1-1126.1. This legislation is set out in full as follows: § 10.1-1126.1 Silvicultural practices; local government authority limited A. Forestry, when practiced in accordance with accepted silvicultural best management practices as determined by the State Forester pursuant to §10.1-1105, constitutes a beneficial and desirable use of the Commonwealth's forest resources. B. Notwithstanding any other provision of law, silvicultural activity, as defined in §10.1-1181.1, that (i) is conducted in accordance with the silvicultural best management practices developed and enforced by the State Forester pursuant to §10.1-1105 and (ii) is located on property defined as real estate devoted to forest use under §58.1-3230 or in a district established pursuant to Chapter 43 (§15.2-4300 et seq.) or Chapter 44 (§15.2-4400 et seq.) of Title 15.2, shall not be prohibited or unreasonably limited by a local government's use of its police, planning and zoning powers. Local ordinances and regulations shall not require a permit or impose a fee for such silvicultural activity. Local ordinances and regulations pertaining to such silvicultural activity shall be reasonable and necessary to protect the health, safety and welfare of citizens residing in the locality, and shall not be in conflict with the purposes of promoting the growth, continuation and beneficial use of the Commonwealth's privately owned forest resources. Prior to the adoption of any ordinance or regulation pertaining to silvicultural activity, a locality may consult with, and request a determination from, the State Forester as to whether the ordinance or regulation conflicts with the purposes of this section. Nothing in this section shall preclude a locality from requiring a review by the zoning administrator, which shall not exceed ten working days, to determine whether a proposed silvicultural activity complies with applicable local zoning requirements. C. The provisions of this section shall apply to the harvesting of timber, 3 provided that the area on which such harvesting occurs is reforested artificially or naturally in accordance with the provisions of Chapter 11 010.1-1100 et seq.) of Title 10.1 or is converted to bona fide agricultural or improved pasture use as described in subsection B of X10.1-1163. The provisions of this section shall not apply to land that has been rezoned or converted at the request of the owner or previous owner from an agricultural or rural to a residential, commercial or industrial zone or use. Nothing in this section shall affect any requirement imposed pursuant to the Chesapeake Bay Preservation Act (§10.1-2100 et seq.) or imposed by a locality pursuant to the designation of a scenic highway or Virginia byway in accordance with Article 5 033.1-62 et seq.) of Chapter 1 of Title 33.1. 6. On July 2, 1999, the Attorney General for the Commonwealth of Virginia issued an opinion to the Honorable Clarence E. Phillips, member of the House of Delegates from Castlewood, Virginia, responding to the question whether ~ 10.1-1126.1 (B) of the 1950 Code of Virginia, as amended, permits localities to regulate by ordinance silviculture activities. The Attorney General opined that the General Assembly intended to override any potential conflicts with earlier legislation by including the phrase "not withstanding any other provisions of law." Next, if the language of the statute is plain and unambiguous and its meaning perfectly clear and definite, effect must be given to it. The use of the word "shall" implies that its terms are intended to be mandatory, rather than permissive or directive. Finally, when a statute creates a specific grant of authority, the authority exists only to the extent specifically granted in the statute. The Attorney General further stated that it is clear from this statute that local ordinances pertaining to silviculture activity must be "reasonable and necessary to protect the health, safety and welfare of citizens residing in the locality," and must not "conflict with the purposes of promoting the growth, continuation and beneficial use of the Commonwealth's privately owned forest resources." In addition, before any ordinance regulating such activity is adopted, a locality is permitted to "consult with, and request a determination from, the state forester as to whether' a proposed ordinance is in conflict with this statute. Finally, the statute clearly restricts localities from prohibiting or unreasonably limiting by use of the local governments police planning and zoning powers silvicultural activity that is conducted "in accordance with the silvicultural best management practices developed and enforced by the state forester" and is located on property defined as real estate devoted to forest use or in a forest district. 4 The Attorney General concluded that a locality may regulate by ordinance silvicultural activities, but the locality must observe the duties and limitations that are clearly and unambiguously set forth in the statute. CONCLUSION Roanoke County has complied with these state limitations in its local ordinances. The Zoning Ordinance includes forestry operations as an agricultural use type and allows such operations in a AG3, AG1, and AR agricultural districts. Roanoke County has also adopted use and design standards that comply with the state erosion and sediment control law, and also regulates temporary saw mills on the forestry site, see ~ 30-81-4 of the County Code. I recommend that the Board consider referring the best management practices of the state forester to the Roanoke County Planning Commission for its review. The Planning Commission could review these BMPs to determine if incorporating them into the County's Zoning Ordinance would be beneficial, in addition to considering setback requirements and minimum area requirements for silvicultural activities. Please advise me if you concur with this recommendation. PMM/ spb c: Elmer Hodge Terry Harrington U:\WPDOCS\PMM\BOFS\SILVICUL.MO S H norable C ai n d Me bens of he B rd of Supervisors Co f R Hoke, irgmia ~ ~' ,~rµ.~~ Q , ACTION NO. ITEM NUMBER ~U AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 14, 1999 ~o AGENDA ITEM: Appro I o th ign ~ n of a Regional Workforce Investm Area COUNTY ADMINISTRATOR'S COMMENTS: ~er~l o V~ c,~.~al e,x 1 i Y~~.S ~- bo 1 BACKGROUND: I F every ten to fifteen yea ed the conversion from Manpower Development Training Act (MDTA) to the Comprehensive Employment and Training Act (CETA), then the transition from CETA to the Job Training Partnership Act (JTPA). Legislation passed in August 1998 requires the closeout o~he Job Training Partnership Act and implementation of the new Workforce~ijvestment Act by no later than July 1, 2000. There are 14 regional partnerships or service delivery areas (SDAs) in Virginia which receive and administer Job Training Partnership Act funds in accordance with federal regulations, state policies and local priorities. ~'he Fifth District Employment and Training Consortium is one of these 14 SDAs, having served the four city and four county area known as the Fifth District for over 25 years - .-~.Tdt°. ~~'d I ~ C.fC. ~ III/Q/1ni/1e, w-~~~, j~S~ ~c~_ TAX ,37.06-1-76 ROANOKE COUNTY BOARD OF SUPER I~ISORS D.B. //Of PG. 1 EX/ST/NG WA TER TANK LOT C fi ~~ 1 \ I` ~ ~~_~. ' ' i % I ~ ~ ~ 1 ~ ,3 i ~ M. ~ ~ ~ i i ~o ~ ~ i ~ Z i EX/ST/NG GRA I/EL ~ ~ ~ OR/VEWA Y ---~--y- I ~ I ~ ~ . i ' ~ ~ EX/ST/NG CUL l/ERT~ i 1 i ~ ~ ~ ~ ~ ~ EX/ST/NG POWFR ~ ~ ~ ~ POLES ~ _ ar~~i- ~e e ~e O N CENTERLINE ,20' .4CCE5'.S E.~1..SSE'~!ENT L/NE BEAR/NG D/STANCE 1-2 N 89 47'45" E 38.88' 2-3 N 8220'01 " E 149.77' 3-4 S B9 09'37" E 50.71 ' 4-5 S 794559" E 21.15' 5-6 N 76 06 59" E 22.01 ' NOTE.• 1. TH/S PLAT WAS PREPARED WITHOUT THE BENEF/T OF A CURRENT T/TLE REPORT ANDTHERE MAY EX/ST ENCUMBRANCES WHICH AFFECT THE PROPERTY NOT SHOWN HEREON. 2. THIS PLAT WAS PREPARED FOR THE INTENT TO GRANT A 20' ACCESS EASEMENT AND DOES NOT CONST/TUTS A BOUNDARY SURI/EY. ~~ ~ 3 a ~ ~~~ TAX X37.06-1-75 x ~ ~~~~ ROANOKE COUNTY SCHOOL BOARD ;~ i~ ~~~ ~ D.B. 749 PG. 98 -~~ J I O ~ ~ `.~ `.~ .~ V + ~ \\~ \\ ~ ~ W 0 1 \\~~~ \~`~ NEW 20' ACCESS EASEMENT .! ~ ^ I \\ ~` \\ ~ .~ " ~_ ~.~ ~~ ~ ~~o ~y~ e MEETING T' 94~.~~. AGEr' ~~,~~,ti~ ~ ~~~,~ . COUI~ ~~ o00 ~o~ ~ ~~ ~ ~ o~ ~Ga~yo~ e o~ .~,~ e4~e~ ~y~~ti o~ ~e ~n of art' S COMMENTS ACTION ## ITEM NUMBER Grant for Assistive Technology Devices BACKGROUND: The Roanoke County School Board has received $1,000 from the Virginia Department of Education for the purchase of Assistive technology devices to assist students with disabilities to access technology in classroom and media centers. SUMMARY OF INFORMATION: The school division received and appropriated funds from a similar grant last year. The funds will be expended to purchase items for students with disabilities. FISCAL IMPACT: None, no local matching required. STAFF RECOMMENDATION: Appropriation of the $1,000 grant to the school operating fund to be used to purchase items for students with disabilities. ~7~i9~-t~ Dr. Carol Whitaker Director Pupil Personnel Services And Special Education Elmer C. Hodge County Administrator ----------------------------------------------------------------- ACTION VOTE No Yes Abp Approved ( ) Motion by: McNamara Denied ( ) Johnson Received ( ) Harrison Referred ( ) Minnix To Nickens cc: File Diane Hyatt, Director, Finance Dr. Deanna Gordon, School Superintendent Brenda Chastain, Clerk ~,~~~°~' a~ ~°a ~y~ti~~~ ,~o ~°~ y~°' ~,y~G~°o ~,~,'' ,,, ~ tea, lei o~' ° ~~.~ ~°~ MEETING DATE : 5e4 o~~yg S~Ga'~y AGENI~'' ~ON # ITEM NUMBER 5~~ ~'~'~' of $l, 000 to William Byrd High School' s G° , ~nnl From: "Timothy Gubala" <ADM01/TWG> To: adm01/mha Date sent: Tue, 7 Sep 1999 09:42:43 +0000 Subject: BOS meeting 9/14 Add new business item: Request for resolution and approval of up to $7,000,000 of Industrial Revenue Bonds for Salem Vent International, Inc. Request for approval of Public Private Partnership for Salem Vent International, Inc. Mary Allen -- 1 -- Tue, 7 Sep 1999 09:46:06 From: "Paul Mahoney" <ADM01/PMM> To: adm01/ech, adm01/mha, adm01/oac Date sent: Wed, 8 Sep 1999 09:45:00 +0000 Subject: Hanging Rock Estates ECH, MA and AOC: Mr. Johnson has requested that we add an item to the 9/14 agenda for closed session to discuss Hanging Rock Estates. MA, please add this to the printed agenda: Sec. 2.1-344 A 7 consultation with legal counsel and briefings by staff members pertaining to probable litigation, namely, subdivision developer's default, Hanging Rock Estates. Thanks. Paul M. Mahoney County Attorney Mary Allen -- 1 -- Wed, 8 Sep 1999 11:25:48 From: "Timothy Gubala" <ADM01/TWG> To: ADM01 /MHA Date sent: Thu, 2 Sep 1999 15:24:53 +0000 Subject: Appointments «< Message autoforwarded from ADM01/MHA »> I talked with Neil Gallagher (per Fuzzy) and Neil would like to be reappointed to another term on the Industrial Development Authority. Fuzzy asked that I let you know to put this on the next BOS agenda .thanks ~~~ Brenda Holton -- 1 -- Thu, 2 Sep 1999 15:53:48 WHEREAS, the feasibility of expanded passenger rail service from the Washington, D.C., and Richmond, Virginia, areas to Bristol, Vuginia, has been studied and documented by the Virginia Department of Rail and Public Transportation; and VVfIEREAS, this passenger rail service would provide an attractive transportation alternative that could lead to economic, tourism, environmental and other social benefits for and its citizens; and WHEREAS, the believes this passenger rail service is both cost-effective and consistent with a .well-planned, multi-modal transportation system in the Commonwealth of Vuginia; THEREFORE, BE IT RESOLVED that the reaffirms its support and endorsement for the provision of passenger rail service from the Washington, D.C., and Richmond, Virginia, areas to Bristol, Vuginia; and BE IT FURTHER RESOLVED that the encourages the implementation of this rail service and pledges its assistance to the Commonwealth of Virginia in implementing said service. Draft of Sample Resolution WI~REAS, the feasibility of expanded passenger rail service from the Washington, D.C., and Richmond, Virginia, areas to Bristol, Vuginia, has been studied and documented by the Virginia Department of Rail and Public Transportation; and WHEREAS, this passenger rail service would provide an attractive transportation alternative that could lead to economic, tourism, environmental and other social benefits for and its citizens; and WHEREAS, the believes this passenger rail service is both cost-effective and consistent with awell-planned, multi-modal transportation system in the Commonwealth of Vuginia; THEREFORE, BE IT RESOLVED that the reaffirms its support and endorsement for the provision of passenger rail service from the Washington, D.C., and Richmond, Virginia, areas to Bristol, Vuginia; and BE IT FURTHER RESOLVED that the encourages the implementation of this rail service and pledges its assistance to the Commonwealth of Virginia in implementing said service. RESOLUTION Board of Supervisors County of Roanoke, Virginia WHEREAS, the County of Roanoke has been a member of the Fifth District Employment and Training Consortium, for the oversight of Job Training Partnership Act (JTPA) funds since 1983; and WHEREAS, during the period, the citizens and employers of this community have benefited from the provision of employment training and job placement services by the Fifth District Employment and Training Consortium; and WHEREAS, JTPA is being replaced by the Workforce Investment Act, effective July 1, 2000; and WHEREAS, the liability issue for the County remains identical as under JTPA; (Consortium insurance bears liability first, then all member jurisdictions according to a population-based formula, if necessary. NOTE: In over 16 years of operation no such Ending/liability claim has been filed.) NOW THEREFORE, BE /T RESOLVED, the County of Roanoke desires to remain a partner in the Fifth District Employment and Training Consortium to oversee Workforce Investment Act funds for workforce development and employment training. Resolution adopted this _14 day of September 1999. Chair, Board of Supervisors County of Roanoke, Virginia ATTEST: ROANOKE COUNTY BOARD OF SUPERVISORS AGENDA SEPTEMBER 14, 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 Thursday 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: 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 D. BRIEFINGS 1. Report on the 1999 Commonwealth Games of Virginia and presentation of plaque to the County of Roanoke. (Peter Lampman, President, Virginia Amateur Sports, Inc.) E. NEW BUSINESS 1. \ quest for 900 to roce with d m ition of abandoned ~~~~ stru re loc to at 4 98 Fo Lewi Ch ch Road in the Catawb Mag to ' I D strict. rno d Co ey, .Community Developm t D ecto 2. Request for approval of an agreement between the County of Roanoke and the Virginia Department of Transportation concerning South County Park access grant., (Pete Haislip, Parks and Recreation Director) td !~~ ~r~~3. Request from the Fifth District Employment and Training ~- Consortium to approve Designation as a Regional Workforce Investment,Area~(JoPJe~Sgroi, Human Resources Director) a--~ 4. Request for approval of up to $7,000,000 of Industrial Revenue Bonds for Salem Vent International, Inc. (Tim Gubala, Economic Development Director) 5. Request for approval of Public Private Partnership for Salem Vent International, Inc. (Tim Gubala, Economic Development Director) . ~ ~ F. FIRST READINGS OF ORDINANCES 1. First reading of an ordinance to vacate a portion of a 50 foot unimproved public right-of-way known as Cave Spring Lane, recorded in Plat Book 7, Page 32, Nottingham Hills in the Cave Spring Magisterial District. (Arnold Covey, Community Development Director) 2 2. First 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 a term of years, establishing rates, and the appropriation of funds. (Gary Robertson, Utility Director) ~~ ~ ~ G. SECOND READING OF ORDINANCES 1. Second reading of an ordinance authorizing acquisition of property on Glenmary Drive from Philip Trompeter and Connie Hausman fora 24 inches waterline extension into the Roanoke County Center for Research and Technology. (Melinda Cox, Economic Development Specialist) 2. Second reading of an ordinance authorizing acquisition of a permanent slope and drainage easement on property located on Glenmary Drive from Emmett I. and Mary Jane Grisso fora 24 inches waterline extension into the Roanoke County Center for Research & Technology. (Melinda Cox, Economic Development ~fti'x-G~ S ecialist) /n ~e-c ~ ~~ ..~. ~ ~~ ~ LAC-mac.. ~ (~/ c-e__ H. PUBLIC HEARIN(35 ~ ~ ~L.~(c~~i..e~t.,~ 1 I. APPOINTMENTS 1. Blue Ridge Community Services Board of Directors 2. Grievance Panel 3. Highway and Transportation Safety Commission 4. Industrial Development Authority 5. League of Older Americans -Advisory Council J. CONSENT AGENDA 3 ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED BY THE BOARD TO BE ROUTINE AND WILL BE ENACTED BY ONE RESOLUTION IN THE FORM OR FORMS LISTED BELOW. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY. 1. Approval of Minutes -July 27, 1999, August 10, 1999 2. Confirmation of committee appointments to Clean Valley Council, Grievance Panel and the Industrial Development Authority. 3. Resolution of support for expanded passenger rail service in the Commonwealth of Virginia. 4. Acceptance by the Sheriff's Office of the Adult Literacy and Basic Education Program Grant of $10,903 and appropriation of funds. 5. Acceptance by the Fire and Rescue Department of $7,091 from the Emergency Management Assistance Program and appropriation of the funds. 6. Resolution filing the Roanoke County Public Library Internet access policy with the Library of Virginia. a~J 7: Request from School Board to appropriate $1,000 to William Byrd High School Saturday School. 8. Request from School Board to appropriate $1,000 Virginia Department of Education grant for assis'~ive technology devices. 9. Request to appropriate $25,000 for Aid to Dependent Children Foster Care Program. 10. Acceptance and appropriation of $21,210 Section 18 Transportation gran rom the Virginia Department of Rail and Public Transportat one use in the CORTRAN program. 0 ~/ ~' ~ ~,~'' 4 ~~ /a, ~ - GiJ `~'`~`~ K. REQUESTS FOR WORK SESSIONS L. REQUESTS FOR PUBLIC HEARINGS M. CITIZENS' COMMENTS AND COMMUNICATIONS N. REPORTS 1. General Fund Unappropriated Balance 2. Capital Fund Unappropriated Balance 3. Board Contingency Fund 4. Future School Capital Reserve O. REPORTS AND INQUIRIES OF BOARD MEMBERS P. WORK SESSIONS (4TH FLOOR CONFERENCE ROOM) Q. CLOSED MEETING pursuant to Code of Virginia Section 2.1-344 A CcJQ.ZP.~ Ge--~c;Z.iac~' ~~c-Q--,~ _ ..ems-o-~~ - R. CERTIFICATION RESOLUTION ~- S. ADJOURNMENT 5 From: "Joyce Waugh" <ADM01/JWW> To: adm01/mha Date sent: Tue, 7 Sep 1999 13:25:16 +0000 Subject: Board Report on Advance performance agreement Copies to: adm01/twg The working title is: Request for authorization to execute a performance agreement with Advance Stores, Inc. for road and traffic signal improvements on Airport Road, site work, and match for a Community Development Block Grant for Boxley Hills drainage improvements in the Hollins Magisterial District Joyce Waugh 772-2124 Economic Development Mary Allen -- 1 -- Tue, 7 Sep 1999 16:43:06 ;_ ~-~ r ,~ Background: March 17, 1999 Blue Ribbon Committee Priority #1 Pyramid V High School and Sport Complex (172,000 square feet) $27.3 Million Did not include land, media resources, technology, value engineering and contingency July 1, 1999 Adjusted numbers to reflect 4% inflation, added land, media resources, technology, value engineering, and 10% contingency. Separated school and athletic complex Pyramid V High School $30.4 M Athletic Complex 5.5 M Sept ?, 1999 Eliminated athletic complex and reduced contingency $28.2 M July, 1999 Projected Cost $34.0 M With $0.4M added back to contingency July, 1999 MiniTask Force Formed TASK FORCE RESULTS Objective: Review preliminary plans with an eye towards determining the necessary educational infrastructure requirements Areas Reviewed: • Administration Area • Student Capacity • Core Capacity • Gym Size • Aux Gym Size • Classroom Size • Auditorium • SFCS suggestions Results: Savings: • Eliminate A/C in Gym $0.14 M • Reduce Auditorium to 500 Capacity $0.40 M • Reduce student/core to 1000/1200 $0.40 M • Re-evaluate heating/cooling $0.94 M reel to c e. ~ ,4r `~' ADO ?~9, OO O ~t~o z~ct /> Recommendations: • Projected Costs (With contingency) after reductions -$33M ~ • Evaluate other savings as identified by Value engineering ~, • Funding: Increase debt by amount required after receiving bid responses for South County High School and Glenvar Middle • Funding: Also recommend re-evaluating a guaranteed early retirement program for educational personnel with a yearly payout of 20%/26%/40% for 7/5/3 years of retirement with 180 day single year work requirement ~ ROANp~.~ a ~-' '.~ z c~ ~ i ~a~ 1838 COUNTY ADMINISTRATOR ELMER C. HODGE (540) 772-2004 C~~~xx~# ~~ ~a~xxr~.~.~e P.O. BOX 29800 5204 BERNARD DRIVE ROANOKE, VIRGINIA 24018-0798 FAX (540) 772-2193 September 17, 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 Mr. Charles F. Church, City Manager City of Lynchburg 900 Church Street Lynchburg, A 24505 ti Dear N~-~~iurch: Attached is a copy of a resolution that was adopted by the Roanoke County Board of Supervisors at their meeting on September 14, as you requested. The resolution expresses the support of the Board for expansion of passenger rail service in the Commonwealth of Virginia, especially from Bristol to Washington and from Bristol to Richmond. Increased passenger rail service would result in decreased traffic on our overcrowded interstate highways, provide increased tourism opportunities, and would be an added economic development incentive for companies considering relocation in Virginia. If there is anything we can do to encourage support for the Passenger Rail Task Force that is being organized, please let us know. Sincerely, ~,~- Elmer C. Hodge County Administrator CC: The Honorable D. L. Warren, Mayor City of Lynchburg, VA Rex Hammond, President Lynchburg Chamber of Commerce Internet E-Mail ® IMemet E-Mail ehodgeQwww.co.roanoke.va.us Recycled Paper bos@www.co.roanoke.va.us ~ AOAN ,I.~ G 2' ;''~ 1838 P.O. BOX 29800 5204 BERNARD DRIVE MARY H. ALLEN, CMC CLERK TO THE BOARD Internet E-Mail: mallen@www.co.roanoke.va.us ROANOKE, VIRGINIA 24018-0798 (540) 772-2005 FAX (540) 772-2193 6RENDA J. HOLTON DEPUTY CLERK Internet E-Mail: bholton@www.co.roanoke.va.us September 16, 1999 Mr. Steve Johnson Mays & Valentine 1111 East Main Street Richmond, VA 23219 Dear Mr. Johnson: Attached is a certified copy of Resolution No. 091499-1 approving the issuance of up to $7,000,000 of Industrial Revenue Bonds of the Industrial Development Authority for financing of Salem Vent International, Inc. This resolution was unanimously adopted by the Board of Supervisors at their meeting on Tuesday, September 14, 1999. If you need further information, please do not hesitate to contact me. Sincerely, -.n~.~~,. mot. ~.~.~ Mary H. Allen, CMC/AAE Clerk to the Board of Supervisors bjh Attachment cc: Timothy W. Gubala, Director, Economic Development and Sec-Treasurer, IDA Ed Natt, Legal Counsel for IDA ® Recycled Paper ~ ROANp,I.~ L z ~ ~.~ ~ _ ,: a~ 1838 P.O. BOX 29800 5204 BERNARD DRIVE MARY H. ALLEN, CMC ROANOKE, VIRGINIA 24018-0798 CLERK TO THE BOARD (540) 772-2005 Internet E-Mail: mallen@www.co.roanoke.va.us FAX (540) 772-2193 September 16, 1999 Ms. Vickie Price Fifth District Employment & Training Consortium 310 West Campbell Avenue, Second Floor Roanoke, VA 24016 Dear Ms. Price: BRENDA J. HOLTON DEPUTY CLERK Internet E-Mail: bholton@www.co.roanoke.va.us Attached is a copy of Resolution No. 091499-5 approving the Fifth District Employment and Training Consortium designation as a Regional Workforce Investment Area. This resolution was adopted by the Board of Supervisors at their meeting on Tuesday, September 14, 1999. If you need further information, please do not hesitate to contact me. Sincerely, ~~~-- ..~d. t~ Mary H. Allen, CMC/AAE Clerk to the Board of Supervisors bjh Attachment cc: Joe Sgroi, Director, Human Resources Wayne Strickland, Executive Director, 5PDC Participating localities: Alleghany County Administrator Botetourt County Administrator Craig County Administrator Clifton Forge City Manager Covington City Manager Salem City Manager Roanoke City Manager ® Recycled Paper i~ o~ Commcncc August 13, 1999 Dear Community Leader: n~ I am pleased to report that the Leadership Forum on July 12 at Lynchburg College for the purpose of "Galvanizing Support for Expanded Passenger Rail Service in Vuginia" was a successful session. Speakers delivered a great deal of information related to the feasibility of this project. The consensus ufthose attending was to constitute a project task force, which would be a coalition of governmental jurisdictions located along the Bristol to Washington and Bristol to Richmond corridors as well as the Chambers of Commerce and the colleges and universities that would benefit by expanded passenger rail service. Lt. Gen. Samuel V. Wilson, President ofHampden-Sydney College, who was one of presenters at the July 12 Forum, offered to convene a group in the Farmville community. We are pleased that the Farmville Area Chamber of Commerce, the Town of Farmville and Prince Edward County have agreed to host a luncheon meeting of interested parties who support the concept of expanded passenger rail service... and are willing to work to help make it happen in Vuginia. Please mark your calendar: P_assenaer Rail Task Force Organizational Meeting Tuesday, Octo_____ber_12,1999 ~oA~RD rn E~r~N 6 12 noon to 2 p.m. Farmville Train Station 510 W. Third St. Farmville, Virginia 23901 We will mail you an official invitation in September with a detailed agenda and directions to the meeting site. Additionally, we would encourage your organization to adopt a resolution of support. A resolution draft accompanies this letter, for your consideration. Thank you for your continued interest in this exciting project. Sincerely, •°°~~ ~~~ ~ Rex Hammond President Office • 2015 Memorial Avenue • P.O. Box 2027 • Lynchburg, VA 24501 • (804)-845-5966 • FAX (804) 522-9592 URL:www.lynchburgchamber.org • E-mail:info@lynchburgchamber.org ~ AOAN ~.~ ~' ~ c', a 1838 P.O. BOX 29800 5204 BERNARD DRIVE MARY H. ALLEN, CMC ROANOKE, VIRGINIA 24018-0798 CLERK TO THE BOARD (540) 772-2005 Internet E-Mail: mallen@www.co.roanoke.va.us FAX (540) 772-2193 September 16, 1999 Ms. Vickie Price Fifth District Employment & Training Consortium 310 West Campbell Avenue, Second Floor Roanoke, VA 24016 Dear Ms. Price: BRENDA J. HOLTON DEPUTY CLERK Internet E-Mail: bholton@www.co.roanoke.va.us Attached is a copy of Resolution No. 091499-5 approving the Fifth District Employment and Training Consortium designation as a Regional Workforce Investment Area. This resolution was adopted by the Board of Supervisors at their meeting on Tuesday, September 14, 1999. If you need further information, please do not hesitate to contact me. Sincerely, y-yt~~..+`.~..r.- .~. Mary H. Allen, CMC/AAE Clerk to the Board of Supervisors bjh Attachment cc: Joe Sgroi, Director, Human Resources Wayne Strickland, Executive Director, 5PDC Participating localities: Allegheny County Administrator Botetourt County Administrator Craig County Administrator Clifton Forge City Manager Covington City Manager Salem City Manager Roanoke City Manager ® Recycled Paper