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HomeMy WebLinkAbout12/7/1999 - Regular~ (iOAN ,~ r~nrr °` n~ °"re'wGe F L z ".:. ~- ~ >s ~ 1 `38 ROANOKE COUNTY BOARD OF SUPERVISORS ACTION AGENDA DECEMBER 7, 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 HOM AND HCN ABSENT AT 3:03 P.M. 2. Invocation: Gardner W. Smith, Director Procurement Department 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 E-2. REQUEST FOR A GRANT FOR A REGIONAL STORMWATER FACILITY AT THE SOUTH COUNTY HIGH SCHOOL SITE. PMM ADDED 2 CLOSED SESSION ITEMS -CASEY CONDEMNATION AND 1 ® Recyded Paper ECONOMIC DEVELOPMENT PROSPECT. C. PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND AWARDS NONE D. BRIEFINGS NONE E. NEW BUSINESS 1. Request to grant off-site water and sewer credits for the development of Merriman Manor Subdivision. (Gary Robertson, Utility Director) A-120799-1 JPM MOTION TO APPROVE URC WITH HOM AND HCN ABSENT 2. Request for a grant from the Commonwealth of Virginia Department of Conservation and Recreation fora regional stormwater facility at the South County High School. (George Simpson, Assistant Community Development Director) R-120799-2 JPM MOTION TO APPROVE URC WITH HOM AND HCN ABSENT BLJ TO WRITE LETTER TO LEGISLATORS REQUESTING SUPPORT FOR THE GRANT. F. FIRST READINGS OF ORDINANCES 1. First reading of ordinance authorizing the conveyance of .071 acre parcel of real estate located along the south lot line of Roanoke County's Mount Pleasant Fire Station property. (Don Gillispie, Division Chief) BLJ MOTION TO APPROVE 1ST READING 2ND _ 12/21 /99 URC WITH HOM AND HCN ABSENT 2 2. First reading of ordinance accepting the donation of certain real estate located at 2970 and 2976 Stonebridge Circle in Vinton from Drew Developers, Inc. and Stonebridge Estates, Inc. (Paul Mahoney, County Attorney) BLJ MOTION TO APPROVE 1ST READING 2ND -12/21/99 URC WITH HOM AND HCN ABSENT 3. First reading of ordinance amending Article III, Sewer Use Standards, of Chapter 18, Roanoke County Code to conform to Roanoke City ordinance in accordance with the 1994 Sewage Treatment Agreement. (Gary Robertson, Utility Director) FFH MOTION TO APPROVE 1ST READING 2ND -12/21/99 URC WITH HOM AND HCN ABSENT 4. First reading of ordinance amending and reenacting Section 10- 36 and Section 10-41 of the Roanoke County Code to permit hypnotists to be taxed as other personal service occupations for business licenses purposes. (Paul Mahoney, County Attorney) BLJ MOTION TO APPROVE 1ST READING 2ND AND PUBLIC HEARING - 12/21/99 URC WITH HOM AND HCN ABSENT G. SECOND READING OF ORDINANCES NONE H. PUBLIC HEARINGS NONE APPOINTMENTS 1. Blue Ridge Community Services Board of Directors 3 2. Commission for Senior and Challenged Citizens 3. Highway and Transportation Safety Commission 4. League of Older Americans -Advisory Council 5. Library Board 6. Roanoke County Planning Commission 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-120799-3 BLJ MOTION TO ADOPT CONSENT RESO URC WITH HOM AND HCN ABSENT 1. Approval of Minutes -September 14, 1999. 2. Confirmation of committee appointments to the Library Board and Roanoke County Planning Commission. A-120799- 3.a 3. Acceptance of water and sanitary sewer facilities serving Hidden Woods Subdivision of Fairway Forest. A-120799-3.b 4. Acceptance of sanitary sewer extension serving Campbell Hills. A-120799-3.c K. REQUESTS FOR WORK SESSIONS 4 NONE L. REQUESTS FOR PUBLIC HEARINGS NONE M. CITIZENS' COMMENTS AND COMMUNICATIONS NONE N. REPORTS BLJ MOTION TO RECEIVE AND FILE-UW WITH HOM AND HCN ABSENT 1. General Fund Unappropriated Balance 2. Capital Fund Unappropriated Balance 3. Board Contingency Fund 4. Future School Capital Reserve 5. Revenues and Expenses for the four month period ended October, 1999. O. REPORTS AND INQUIRIES OF BOARD MEMBERS Supervisor McNamara (1) Advised he attended the Roanoke County employee service awards luncheon and congratulated those who were recognized for service milestones. (2) Announced that the Christmas Tree Lighting ceremony was held at the Brambleton Center and commended Parks and Recreation for the event. (31 Announced that Parks and Recreation had their Christmas luncheon but he was unable to attend. Supervisor Harrison: Asked if the County staff was aggressively marketing the Glen-Mary economic development site with Virginia Tech. ECH responded that Tech officials had been on the property but they are also looking at properties in other localities. Supervisor Johnson: Asked PMM if he had scheduled the annual 5 meeting with the Roanoke Valley legislators. PMM advised that the meeting will be held following the organizational meeting on January 3 at 9:30 a.m.; and he has confirmed the date by phone and letter. BLJ asked that the proposed new Welcome Center be included in the discussion. P. WORK SESSIONS (4TH FLOOR CONFERENCE ROOM) NONE Q. CLOSED MEETING pursuant to Code of Virginia Section 2.1-344 A BLJ MOTION TO GO INTO CLOSED MEETING AT 3:50 PM (a) to discuss actual litigation requiring the provision of legal advice by the County Attorney in accordance with Section 2.1-344 A 7 of the 1950 Code of Virginia, as amended, namely, Casey condemnation; (b) to discuss a prospective business or industry where no previous announcement has been made of the business' or industrys' interest in locating in the County in accordance with Section 2.1-344 A.5, of the 1950 Code of Virginia, as amended URC WITH HOM AND HCN ABSENT R. CERTIFICATION RESOLUTION R-120799-4 FFH MOTION TO RETURN TO OPEN SESSION AT 4:53 P.M. AND ADOPT CERTIFICATION RESO. URC WITH HOM AND HCN ABSENT S. ADJOURNMENT BLJ ADJOURNED AT 4:55 P.M. pOAN ~~~~~ ~ ~FL _ ; '`; ~ 1 38 / ROANOKE COUNTY BOARD OF SUPERVISORS AGENDA DECEMBER 7, 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: Gardner W. Smith, Director Procurement Department 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 E. NEW BUSINESS 1. Request to grant off-site water and sewer credits for the development of Merriman Manor Subdivision. (Gary Robertson, Utility Director) F. FIRST READINGS OF ORDINANCES 1. First reading of ordinance authorizing the conveyance of .071 acre parcel of real estate located along the south lot line of Roanoke County's Mount Pleasant Fire Station property. (Don Gillispie, Division Chief) 2. First reading of ordinance accepting the donation of certain real estate located at 2970 and 2976 Stonebridge Circle in Vinton from Drew Developers, Inc. and Stonebridge Estates, Inc. (Paul Mahoney, County Attorney) 3. First reading of ordinance amending Article III, Sewer Use Standards, of Chapter 18, Roanoke County Code to conform to Roanoke City ordinance in accordance with the 1994 Sewage Treatment Agreement. (Gary Robertson, Utility Director) 4. First reading of ordinance amending and reenacting Section 10- 36 and Section 10-41 of the Roanoke County Code to permit hypnotists to be taxed as other personal service occupations for business licenses purposes. (Paul Mahoney, County Attorney) G. SECOND READING OF ORDINANCES H. PUBLIC HEARINGS I. APPOINTMENTS 1. Blue Ridge Community Services Board of Directors 2. Commission for Senior and Challenged Citizens 3. Highway and Transportation Safety Commission 2 4. League of Older Americans -Advisory Council 5. Library Board 6. Roanoke County Planning Commission 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 -September 14, 1999. 2. Confirmation of committee appointments to the Library Board and Roanoke County Planning Commission. 3. Acceptance of water and sanitary sewer facilities serving Hidden Woods Subdivision of Fairway Forest. 4. Acceptance of sanitary sewer extension serving Campbell Hills. 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 3 5. Revenues and Expenses for the four month period ended October, 1999. 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 R. CERTIFICATION RESOLUTION S. ADJOURNMENT 4 A-120799-1 ACTION # ITEM NUMBER ~~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: December 7, 1999 SUBJECT: Request to Grant Off-site Water and Sewer Credits for the Development of Merriman Manor Subdivision COUNTY ADMINISTRATOR'S COMMENTS: / /J BACKGROUND: The Roanoke County Water and Sewer Ordinances require that new utility customers pay an off- site facility fee. This fee is based on the demand the customer will place on the utility system. These fees are used to pay a portion of the major capital items (i.e., Spring Hollow, wastewater plant upgrade, interceptor lines, pump stations, storage tanks and off-site water and sewer line extensions) required to provide utilities. When a developer is required to extend utilities a distance greater than 300 feet from the developed property, they can request that the Board of Supervisors provide up to 50% credit of the appropriate off-site fees. If the utilities are designed to serve properties other than the property being developed, these credits would reimburse but not exceed the cost of these off-site extensions. SUMMARY OF INFORMATION: Don Bandy, the developer of Merriman Manor, and Cotton Hill Land Company, L.C. the developer of Wilshire, have agreed to jointly construct the off-site water and sewer facilities to serve these developments. These developments will be located south of the Blue Ridge Parkway near the Merriman Soccer Complex as shown on the attached map. Water and sewer service for these developments will require extension of approximately 2,150 feet of 12-inch water line, construction of a sewer pump station, and extension of approximately 2,570 feet of 6-inch sewer force main. Cost estimates for the off-site extensions are $68,150 for ~~ water and $93,150 for sewer. These extensions will serve approximately 214 residential properties in these two developments, plus will be designed to serve additional properties adjacent to these developments. Off-site fees will be generated by these developments in the amount of $575,660 for water and $321,000 for sewer. The developers jointly request that 50% of the water and sewer off-site facilities fees be credited to the developer. These credits would not exceed the cost of the off- site water and sewer extensions. FISCAL IMPACT: These two developments could generate off-site fees up to $575,660 for water and $321,000 for sewer. Approval of this agreement would not require actual expenditures by Roanoke County. However, credits of approximately $68,000 for water and $93,000 for sewer would be given to the developers as the lots are developed. STAFF RECOMMENDATION: Staff recommends that 50% of the water and sewer off-site facility fees be credited to the developer up to the actual cost of the off-site construction (minus the first 300 feet). These credits would be given as follows: 25% of the water and sewer off-site fees would be credited to lots when they are recorded and an additional 25% of the fee will be credited when building permits are obtained on lots. SUBMITTED BY: APPROVED: ACTION m r C. Hodge County Administrator VOTE No Yes Absent Approved (x) Motion by: Joseph P. McNamara to Johnson _ x Denied () approve Harrison _ x Received () McNamara- x Referred () Minnix _ _ x To () Nickens _ _ x cc: File Gary Robertson, Director, Utility Diane D. Hyatt, Director, Finance • ~_ ~. r ME/7~®OI/~/C® ~7~/~/i/1G~ Vf/M~i4GN ~~ ,~~i _, ~? .~~ f .~,, ~.1 ~ ~=` '~~~~~ \,' ~ l e _ ~ .; % ` ~~ 1\ ~\ b ,ate ,~ ~ .c . > ~ ~~.~ ~ ~ r 1 .~.~Gr-- ---. ~ ` 1~j/\ \\``i~1!~ ~l~ ~ 1~ 400, ~1~` ~\ R AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, DECEMBER 7, 1999 ~. RESOLUTION 120799-2 ENDORSING THE PROPOSED CONSTRUCTION OF A REGIONAL STORMWATER MANAGEMENT FACILITY WHEREAS, the County of Roanoke is proposing to construct a regional stormwater management (SWM) facility at the site of the proposed new south County High School; and, WHEREAS, the proposed site of the stormwater management facility is identified in the "Roanoke Valley Regional stormwater Management Plan" as a desired regional facility; and, WHEREAS, the "Roanoke Valley Regional stormwater Management Plan" has been adopted upon Board action as part of the Comprehensive Plan; and, WHEREAS, the proposed SWM facility will provide positive benefits for stormwater quantity, water quality, downstream flooding, and will provide an opportunity for public education and awareness; and, WHEREAS, the Roanoke County Board of Supervisors and the Roanoke County School Board are pursuing this project as an integral part of the new south County High School site. NOW THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia are supportive of this proposed regional stormwater management facility atthe proposed new south County High School site and authorize the County Administrator to pursue grant funding through the Virginia Water Quality Improvement Fund and Clean Water Act, Section 319 to construct said facility. On motion of Supervisor McNamara to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors McNamara, Harrison, Johnson NAYS: None ABSENT: Supervisors Minnix, Nickens A COPY TESTE: 1'~' Mary H. Allen, CMC/AAE Clerk to the Board of Supervisors cc: File Arnold Covey, Director, Engineering & Inspections Virginia Department of Transportation s• ACTION NUMBER ITEM NUMBER ~ ! -~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: December 7, 1999 AGENDA ITEM: REQUEST FOR A GRANT FROM THE COMMONWEALTH OF VIRGINIA DEPARTMENT OF CONSERVATION AND RECREATION FOR A REGIONAL STORMWATER FACILITY AT THE SOUTH COUNTY HIGH SCHOOL SITE. COUNTY ADMINISTRATOR'S COMMENTS: Recommend approval of the attached resolution. I have been advised that school projects alone do not qualify forgrant funds for stormwater management. The only way for this to qualify is for it to be considered a general County improvement project. We have therefore put that emphasis on the grant application. We could construct a regional facility to accommodate water runofffor about $250, 000. We do not know how much money the school system has allocatedfor construction ofstormwatermanagementfacilities and access roads to the site, but their portion of this would cost $394,500. The grant may be awarded for as much as of the request. When it is known how much money we may receive, we will bring back to the Board a request for appropriation and allocation. Because the regional needwill drive thegrant application it may be necessary to appropriate the funds to the County portion first with any remaining funds used as a reduction in the amount needed by schools. BACKGROUND: Interest in a regional stormwater management facility was realized during the schematic design and special use permitting phase of site development for the South County High School Site. Current regulations require that any new development provide adequate on-site stormwater management facilities. By providing a regional facility, the stormwater requirements could be met for the site and several benefits could be realized for citizens downstream of the facility along Farmington Drive, McVitty Road, Cresthill Drive, Garst Mill Park, and South Park Circle. The Roanoke Valley Regional stormwater Management Plan identified the reach of Mudlick Creek within the boundary limits of the school site as a potential location for a regional stormwater management facility and was analyzed for flood reduction potential on downstream properties. SUMMARY OF INFORMATION: On November 3, 1999, the Department of Community Development hired the firm 1 E- .2 of Engineering Concepts, Inc. to complete a feasibility study of the proposed site for the purpose of determining the potential for developing a combination water quality/water quantity impoundment structure on the high school site. The findings of that study are contained in the subsequent report and indicate that a project is feasible that can have significant positive impacts on both water quality and flooding in the downstream reach of Mudlick Creek. The estimated cost of constructing this facility, as outlined in the report, is $741,261. Of this cost, $394,500 is allocated to the embankment portion of the project, which forms the basis for the access road. This access road is needed even if a regional pond is not constructed. $250,075 is allocated to the regional stormwater management portion of the project. The remaining $96,686 is shown as a 15% contingency. There are currently available funds to construct nonpoint source water quality projects in the State of Virginia through the Virginia Water Quality Improvement Fund and the Federal Clean Water Act Section 319, as administered by the Commonwealth of Virginia Department of Conservation & Recreation. ALTERNATIVES AND IMPACT: Alternative 1. Apply for grant funding through the Virginia Water Quality Improvement Fund and the Federal Clean Water Act Section 319. The match from these sources is 50/50 and 60/40 respectively. It is anticipated that the Board of Supervisors would fund the stormwater management portion of the project and the School Board would fund the embankment portion of the project that is integral to the construction of the access road. Should grant funding be less than the estimated cost of $741,261, priority would have to be given to the stormwater portion since it is the basis upon which the grant would be awarded. Alternative 2. Do not apply for grant funding through these sources. STAFF RECOMMENDATION: Staff recommends submitting a grant application to the Commonwealth of Virginia Department of Conservation & Recreation in the amount of $741,261 for funding through the Virginia Water Quality Improvement Fund and the Federal Clean Water Act Section 319. SUBMITTED BY: ~/. Y-- - Arnold ovey, Director Department of Community Development APPROVED BY: Elmer C. Hodge County Administrator 2 E-.2 Approved ( ) Denied ( ) Received ( ) Referred ( ) To ( ) ACTION Motion by: VOTE Harrison Johnson McNamara Minnix Nickens No Yes Abs ~-. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, DECEMBER 7, 1999 RESOLUTION CONSTRUCTION OF FACILITY ENDORSING THE PROPOSED A REGIONAL STORMWATER MANAGEMENT WHEREAS, the County of Roanoke is proposing to construct a regional stormwater management (SWM) facility at the site of the proposed new south County High School; and, WHEREAS, the proposed site of the stormwater management facility is identified in the "Roanoke Valley Regional stormwater Management Plan" as a desired regional facility; and, WHEREAS, the "Roanoke Valley Regional stormwater Management Plan" has been adopted upon Board action as part of the Comprehensive Plan; and, WHEREAS, the proposed SWM facility will provide positive benefits for stormwater quantity, water quality, downstream flooding, and will provide an opportunity for public education and awareness; and, WHEREAS, the Roanoke County Board of Supervisors and the Roanoke County School Board are pursuing this project as an integral part of the new south County High School site. NOW THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia are supportive of this proposed regional stormwater management facility at the proposed new south County High School site and authorize the County Administrator to pursue grant funding through the Virginia Water Quality Improvement Fund and Clean Water Act, Section 319 to construct said facility. Recorded Vote A Copy Teste: Moved By: Seconded By: Yeas: Mary Allen, Clerk Nays: Roanoke County board of Supervisors Action No. Item Number ~^ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: December 7, 1999 AGENDA ITEM: First reading of ordinance authorizing the conveyance of .071 acre parcel of real estate located along the south lot line of Roanoke County's Mount Pleasant Fire Station Property COUNTY ADMINISTRATOR'S COMMENTS: ~ Q ,~%~~~ ~~ EXECUTIVE SUMMARY: This is the first reading of an ordinance to sell a surplus .071 acre parcel, in response to the receipt of offers for same. BACKGROUND: The Board has adopted a policy for the sale or disposal of surplus real estate. This policy provides for the advertisement and publication of surplus real estate, inviting bids from the public, notice to adjoining property owners, and posting a sign on the property proposed for sale. Once an offer is received, staff submits the offer to the Board of Supervisors in closed session after evaluation by the County Administrator, County Attorney and Property Manager. The County Attorney prepares an ordinance for the first reading, which constitutes notice that a bona fide offer has been received, and that otherwritten offers my be received until 5:00 p.m. the Friday preceding the next Board meeting. The identity of the offerors) and the amount, terms or conditions of the offer(s) or bid(s) will be kept confidential until the second reading. At second reading, the Board may accept the best offer received or reject all offers. SUMMARY OF INFORMATION: The County received an offer for this surplus real estate. This is a .071 parcel of land on the southwest corner of the Mount Pleasant Fire Station, and joining the property tax map 79.03-7-24. A sketch of the property is attached. After a favorable first reading, notice will be published in the newspaper and mailed to the adjoining landowners. FISCAL IMPACT: It is requested that the money derived from the sale of this property be made available for capital improvements on the property of the Mount Pleasant Fire Station. STAFF RECOMMENDATION: It is recommended that the Board favorably consider the adoption of the attached ordinance. u D a illispie Division Chief, Fire and Rescue ACTION Appro d by: ~»u~ ~, Elmer C. Hodge Countv Administrator Approved () Motion by: Johnson Denied () Harrison Received () McNamara Referred () Minnix To () Nickens cc: File Richard E. Burch, Jr., Chief VOTE No Yes Abs 5407722168 :.DEC-62-1999 17 18 RKE CTY-C6M DEV 5467722168 P.61i61 t~7 z/~ ~O f'~ s~ C~ C ~ ~ cQ ~~ ~' .n ~ ~ 2909 ~j ts~ ~~ ~J r ~' ~ ~- ~g ,; ~: ~~ ~ ~ 232 . ~~ a~. ~~ ~ ~~ ,3 T 05 ~ s~ ~, ~~ ' ~ ~ ~ ~~C~ C ~ ,3 ~ 9,3 ~ ~, ~ 2~ ~ ,~ ~~ _~ .o~ -~ N ~r ~~~ ~ f R~ w ~~9 r-- ti./ cTT.~ lY G c~ ~~ ~z, .~~ ~ t ~;,~.,.. AREA TO 8E, 1 ~~~ ~ ~~ ~ .~ J . ;.. '~~ GONVEYED (.071Ac) Tax Mnp 79.q <,-?--25 Property of Ern st & Jacqueline K. H hand Lo 2~ Sec,. 1_ Brookfield 29 7 4 ~~ 145.%2 ~~ ~~~, ~~ ~ ~ . N 2926 ~ ~1 .~ -~ C~ 29`38 ~~~ea~ ~ ~~1~Y 6 . '~ 6 F ROANOIfE COUNTY MAP .SHOWING THE ,SALE OF 0.07 f AC. D,EPAR7'M,ENT 0~' FARCEL BEING CONVEYED 7'O ERNEST & COalMUNITY DEVIs'LOFMENT JACQUELINE K. BY R.L'.B.S. ri-so TOTAL P.61 -„ .. ~-~- 1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, DECEMBER 7, 1999 ORDINANCE AUTHORIZING THE CONVEYANCE OF A .071 ACRE PARCEL OF REAL ESTATE LOCATED ALONG THE SOUTH LOT LINE OF ROANOKE COUNTY'S MOUNT PLEASANT FIRE STATION PROPERTY (TAX MAP NO. 79.01-3-25) BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: That pursuant to the provisions of Section 16.01 of the Charter of Roanoke County, the subject property has been declared to be surplus, and has been made available for sale; and 2. That pursuant to the provisions of Section 18.04 of the Charter of Roanoke County, a first reading of this ordinance was held on December 7, 1999; and the second reading and public hearing on this ordinance was held on December 21, 1999, concerning the sale and disposition of a .071 acre parcel of real estate located along the south lot line of Roanoke County's Mount Pleasant Fire Station property (Tax Map No. 79.01-3-25), as shown on the attached plat; and 3. That an offer has been received from to purchase this parcel of real estate for the sum of $ ,and this offer is hereby accepted; and 4. That the proceeds from the sale of this real estate are to and 5. That the County Administrator is authorized to execute such documents and take such actions as are necessary to accomplish the conveyance of said property, all of which shall be upon form approved by the County Attorney. U:\WPDOCS\AGENDA\REALES"IIHOLLAND.ORD .° ACTION NO. ITEM NO. ~-=-Z AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: December 7, 1999 AGENDA ITEM: ORDINANCE ACCEPTING THE DONATION OF CERTAIN REAL ESTATE LOCATED AT 2970 AND 2976 STONEBRIDGE CIRCLE IN VINTON FROM DREW DEVELOPERS, INC. AND STONEBRIDGE ESTATES, INC. TO ROANOKE COUNTY COUNTY ADMINISTRATOR'S COMMENTS: This may be the beginning of a new direction for us since we have seldom accepted donations of property in the past, except for viewshed protection and greenways. These two lots were marginal when the subdivision was build. They were rendered unusable when the County implemented drainage protection measures several years ago, limiting building to 100 feet or more from stream beds. We believe that we can minimize maintenance on these lots by plantings and we might be able to sell them to adjoining neighbors. Recommend approval. SUMMARY OF INFORMATION: Roanoke County has been approached by the owners of two parcels of real estate to determine if the County is interested in accepting a donation of these two parcels. Drew Developers, Inc. is the owner of a parcel located at 2970 Stonebridge Circle in Vinton, Virginia; and Stonebridge Estates, Inc. is the owner of a parcel located at 2976 Stonebridge Circle in Vinton, Virginia. These two parcels are Lots 3 and 4 of Stonebridge Court. These two parcels are non-buildable lots because they lie in a floodplain. The owners currently owe delinquent real estate taxes on these parcels. Drew Developers, Inc. owns Lot 4, Stonebridge Court; the amount now owed on that parcel is $322.30 (second half of 1998 and all of 1999). Stonebridge Estates, Inc. owns Lot 3, Stonebridge Court; the amount now owed on that parcel is $322.30 (second half of 1998 and all of 1999). The owners have requested that these taxes be forgiven upon donation of this real estate to Roanoke County. FISCAL IMPACTS: Appropriation of funds from either the unappropriated balance or Board contingency to pay the delinquent real estate taxes to the Treasurer. There may be additional costs for title insurance, environmental assessment, closing costs, etc. It is estimated that all of these costs might total $2,000. STAFF RECOMMENDATION: Staff recommends the adoption of the attached ordinance accepting the donation of these two parcels to Roanoke County. U:\WPDOCS\AGENDA-9\Dec99\STONEBRI.RPT 1 ~~ Respectfully submitted, ~` Paul M. Mahoney County Attorney Action Vote No Yes Abs Approved () Motion by Harrison Johnson Denied () McNamara Received () Minnix Referred () Nickens to U:\WPDOCS\AGENDA\REALEST\STONEBRI.RPT 2 Z` AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, DECEMBER 7, 1999 ORDINANCE ACCEPTING THE DONATION OF CERTAIN REAL ESTATE LOCATED AT 2970 AND 2976 STONEBRDIGE CIRCLE IN VINTON FROM DREW DEVELOPERS, INC. AND STONEBRIDGE ESTATES, INC. TO ROANOKE COUNTY BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That pursuant to the provisions of Section 18.04 of the Charter of Roanoke County, a first reading on this ordinance was held on December 7, 1999; and a second reading was held on December 21, 1999. 2. That the conveyance of this real estate by donation from Drew Developers, Inc. and Stonebridge Estates, Inc. to Roanoke County for storm water control and flood plain management is hereby accepted. Said real estate is more particularly described as 2970 Stonebridge Circle, Vinton, Virginia, Tax Map No. 61.12-2-4, and being Lot 4 of Stonebridge Court (Assessed for $18,000) and 2976 Stonebridge Circle, Vinton, Virginia, Tax Map No. 61.12-2-3, and being Lot 3 of Stonebridge Court (Assessed for $18,000). 3. That there is hereby appropriated the sum of Two Thousand Dollars from - for the costs of this transaction. 3. That the County Administrator is authorized to execute such documents and take such actions on behalf of Roanoke County as are necessary to accomplish the conveyance of said property, all of which shall be upon form approved by the County Attorney. U:\WPDOCS\AGENDA\REALEST\STONEBRI.CIR PLAT MAP Borrower: DREW DEV. INC. File No.: 991335 Property Address: 2970 STONEBRIDGE CIRCLE Case No.: City: VINTON State: VA Zip: 24179 Lender: DREW DEVOLP., INC. C/O ALLEN NEIL LETHREAL 18:26 F,IT 5.10 77d 6J96 flIKB REdLTC1RS J~ Q ~~~ ~ r,• ' O. /~lj • ~ if1 ~ V fYQ Y P~ ~" ~.• '~; ~ :~ ~ r a,~`~. 0.2 ~. -g r -~ ~~ ~ 1` N 'fit' ~~ bl ~ . ~ ., . ~~. ~ .. N, ~..: °~ • e ry , r ~ Q ~ rte- ;~~~- r~,` ,Q ~'+ Q ~ l,7 •~`-• ~ ~b •oz ~ ' ~~ (~ L11 u~ • ~ ~ . ,moo, n ' (h l9 _ - ! /~ yI iJ-y( fin/ ~R L ' Tn"J• ~I ~ - A( ::' •'~ QUO ~ h ,« , n. ,, ,.<...., ` ,.t. ~ - a `Q `~ ;.. 4.'t .. ~' \ 7 ~ ~.~ ~Q~ ~' G 4800 PLEASANT HILL DRIVE, ROANOKE, VA 24108 FAX: (504) 989-7999 ~~ ACTION # ITEM NUMBER ~~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: December 7, 1999 SUBJECT: First Reading of Ordinance Amending Article III, Sewer Use Standards, of Chapter 16 of the Roanoke County Code of 1971 (Chapter 18 of the Roanoke County Code of 1985) COUNTY ADMINISTRATOR'S COMMENTS: ---~ ~°~ BACKGROUND: The 1994 Sewage Treatment Agreement between Roanoke City and Roanoke County requires the County to adopt such ordinances and regulations that conform to those adopted by the City as they pertain to Sewer Use Standards. Recent requirements of the Department of Environmental Quality (DEQ) in conjunction with the sewage treatment plant permit reissuance have required Roanoke City to amend their Sewer Use Standards. By Resolution Number 34384-070699 dated July 6, 1999, Roanoke City amended their ordinance to include the provisions of the attached proposed amendment to the Roanoke County Sewer Use Standards. SUMMARY OF INFORMATION: Attached is the proposed amendment to the Roanoke County Sewer Use Standards that are required so that the County Ordinance conforms to the form and intent of the Roanoke City Ordinance. Section 174 of the Ordinance is amended to increase the maximum fine for violations to $2,500.00 per violation per day. It is also amended to allow assessment of administrative civil fines for violations under the direction of the Utility Director and to recover reasonable fees/costs of litigation. 1 `~ ALTERNATIVES AND IMPACT: STAFF RECOMMENDATI Staff recommends that the Board of Supervisors conduct the first reading of an Ordinance amending Article III, Sewer Use Standards, of Chapter 16 of the Roanoke County Code of 1971 (Chapter 18 of the Roanoke County Code of 1985) ACTION Approved O Motion by: Denied ( ) Received ( ) Referred to APPROVED: Elmer C. Hodge County Administrator Harrison Johnson McNamara Minnix Nickens VOTE No Yes Abs SUBMITTED BY: .: F3 Sec. 18-174. Penalty for violations. (a) A person who violates the provisions of this article shall be guilty of a Class 1 misdemeanor and upon conviction is +-ti-, ,~ ,~ , ~ ~r, 0V„~ punishable by a f ine of e~1--~~~~~o=1-a~ ~ , .~ ~ , .. , not mare than two thausand five hundred dollars {$2,500.00) per violation per day and confinement in jail for not more than twelve months, either or both. In the event of a violation, the control authority shall also have the right to terminate the sewer and water connection. (b) Alternatively or in addition to proceeding under authority of sub-section {a) of this section, the County may provide that administrative civil fines be assessed against any person writs violates the provisions of this article or any_ orders, rules, regulations, ar permits issued hereunder or pursuant to the County's Enforcement Response Plan. Such administrative civil fines may be in an amount up to two thausand five hundred dollars ($2,500.00) _~ _..._. per vialation___per day, ____the_ amount_ to be _ set by _ the Utility Director. Each day an which a violation occurs a~~ continues shall be deemed a separate and distinct violation. The enforcement of _ _. such administrative civil fines may be had through the__courts_of the Commanv,ealth of Virginia in addition to any other legal means available to the County. In addition to the administrative civil fines provided far herein, the Cour~ty__may also recover reasonable - _.. - attorney's fees, court costs, court reporter's fees, expert witness fees and other expenses of litigation by an appropriate suit at law against any such person found to have violated the provisions of this article or any orders, rules,_regulations, or permits issued _...... ~__.. __._ __.._ __ _ ~_...._.__ _.__ _ _ _ ~-__._T hereunder or pursuant to the_Caunty's Enforcement Response Plan._ ~-)-(c) Alternatively ar in addition to proceeding under authority of .~c~=e~~ sub_ -sections (a) _and/or (b) of this section, the County is entitled to pursue all other criminal and civil remedies to which it is entitled under authority of state statues or other ordinances of the County against a person conducting a prohibited discharge or violating a pretreatment standard or requirement, including, without limitation, injunctive relief. {~-(d) Any person who knowingly makes any false statements, representations or certifications in any application, record, report, plan or other document files required to be maintained pursuant to this ordinance, or wastewater permit, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this ordinance shall, upon conviction, be punishable by a fine of ~~,9{~6 not more than two thousand five hundred dollars {$2,500.00) per violation, per day, or~imprisonment for not more than one year, or both. ~}(e) The control authority shall be authorized to implement such other program and enforcement mechanisms as are consistent with regulatory guidelines and are deemed appropriate. r~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, DECEMBER 7, 1999 ORDINANCE AMENDING ARTICLE III. SEWER USE STANDARDS OF CHAPTER 18. SEWERS AND SEWAGE DISPOSAL OF THE ROANOKE COUNTY CODE BE IT ORDAINED by the Board of Supervisors of Roanoke County as follows: 1. That Section 18-174. Penalty for violations be amended to read and provide as follows: Sec. 18-174. Penalty for violations. (a) A person who violates the provisions of this article shall be guilty of a Class 1 misdemeanor and upon conviction is punishable by a fine of not more than two thousand.. five hundred dollars ($2,500) per violation per day and confinement in jail for not more than twelve months, either or both. In the event of a violation, the control authority shall also have the right to terminate the sewer and water connection. (b) Alternatively or in addition to proceeding under authority of sub-section (a) of t1 ~s section, the County may provide that administrative civil fines be assessed against any person wl o violates the provisions of this article or any orders, rules, regulations, or permits issued hereunder ~ ~r pursuant to the County's Enforcement Response Plan. Such administrative civil fines may be in n amount up to two thousand five hundred dollars ($2 500) per violation per day, the amount to be set by the Utility Director. Each day on which a violation occursor cc ntinues shall be deemed a separate and distinct violation. The enfo~ cement of such administrative civil fines maybe had through the courts of the Commonwealth of Virginia in addition to any other legal means available to the County. In additi n to the administrative civil fine~ provided for herein, the County may also recover reasonable attorney's fees, court costs, court reporter's fees, expert witness fees and other expenses of litigation by n appropriate suit at law against any such person found to have violated the provisions of this article or a y orders, rules, regulations, or permits issued hereunder or pursuant to the County's Enforcement Respor .e Plan. '~° '" (~j (c) Alternately or in addition to proceeding under authority o - ;sub-sections (a) and/or (b) of this section, the County is entitled to pursue all other criminal and civil remedies to which it is entitled under authority of state statutes or other ordinances of the County against a person conducting a prohibited discharge or violating a pretreatment standard or requirement, including, without limitation, injunctive relief. f e) (d) Any person who knowingly makes any false statements, representations or certifications in any application, record, report, plan or other document files required to be maintained pursuant to this ordinance, or wastewater permit, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this ordinance shall, upon conviction, be punishable by a fine of $1-;9@8 not more than two thousand five hundred dollars ($2,500) per violation, per day, or imprisonment for not more than one year, or both. ~lj (e) The control authority shall be authorized to implement such other program and enforcement mechanisms as are consistent with regulatory guidelines and are deemed appropriate. 2. This ordinance shall be effective from and after its adoption. U:\W PDOCS\AGENDA\CODE\SEW ER.ORD ACTION # ITEM NUMBER /"" " AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: December 7, 1999 AGENDA ITEM: Ordinance Amending and Reenacting Sec. 10-36. Personal and Business Service Occupations and Sec. 10-41. Fortune-Tellers, Astrologists, etc. of the Roanoke County Code to be taxed as other personal service occupations for purposes of business license taxation COUNTY ADMII~TISTRATOR'S COMMENTS: BACKGROUND: Currently there are approximately 13,400 hypnotists practicing in the United States. Hypnosis is becoming recognized as a valid technique of alternative medicine practitioners in situations involving child birth, stress reduction and pain management. Furthermore, hypnosis is used by counselors and therapists in working with individuals dealing with traumatic or other experiences where conscious memory appears to be blocked or limited. Currently, hypnotists are classified along with fortune-tellers, palm readers, astrologists and clairvoyants for purposes of business license taxation with a minimum annual license of one thousand dollars ($1,000.00). SLINIMARY OF INFORMATION: A board member has been approached by several individuals who have a business location within Roanoke County for the practice of clinical hypnosis. These individuals have requested a change to the county's business license ordinance to permit them to be taxed at a less punitive rate than their current classification. Hypnotists do not appear to qualify for classification under Sec. 10- 34 of our code as a professional service as this occupation is not currently listed in the Department of Taxation's BPOL guidelines promulgated pursuant to § 58.1-3701 of the Code of Virginia. Therefore, the only other realistic alternative classification for hypnotists would be under the personal and business service occupations category of Sec. 10-36 of the county's license ordinance. This F-Y category includes such occupations as artists, musicians, massage therapists, music schools and instn~ctors, taxidermists, writers and undertakers. The Commissioner of the Revenue is not opposed to this amendment. OPTION I: Adopt the proposed ordinance amendments and permit hypnotists to be taxed as other personal service occupations within Roanoke County. OPTION II: Decline to adopt the proposed ordinance and require hypnotists to continue to pay the one thousand dollar annual license fee currently required of fortune-tellers, astrologists, palmist and other similar businesses. FISCAL IMPACT: None anticipated at this time. STAFF RECOMMENDATION: Staff recommends that the Board approve Option I. Respectfully submitted, . ~iLP/1 Cai Joseph B. Obenshain Senior Assistant County Attorney Approved ( ) Denied ( ) Received ( ) Referred to Motion by: ACTION VOTE No Yes Abs Harrison _ _ _ Johnson _ _ _ McNamara Minnix -_ -_ -_ Nickens r--v AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, DECEMBER 7, 1999 ORDINANCE AMENDING AND REENACTING SEC. 10-36. PERSONAL AND BUSINESS SERVICE OCCUPATIONS AND SEC. 10-41. FORTUNE- TELLERS. ASTROLOGISTS. ETC. OF THE ROANOKE COUNTY CODE TO PERMIT HYPNOTISTS TO BE TAXED AS OTHER PERSONAL SERVICE OCCUPATIONS FOR BUSINESS LICENSE PURPOSES WHEREAS, hypnosis is now recognized as a legitimate form of alternative medicine and a technique used for personal counseling and therapy practiced by approximately 13,400 hypnotists in the United States; and WHEREAS, currently hypnotists are classified with fortune-tellers, astrologists, palmists and other pseudo-scientific practitioners for purposes of business license taxation under the Roanoke County business license ordinance; and WHEREAS, the first reading of this ordinance was held on December 7, 1999, and the second reading and public hearing was held on December 21, 1999. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia as follows: That Section 10-36. Personal and Business Service Occupations of Chapter 10, Licenses, of the Roanoke County Code be amended and re-enacted as follows: Sec. 10-36. Personal and business service occupations. (a) The annual license tax imposed hereunder for personal or business services, and all other businesses and occupations not specifically listed or excepted in this chapter of the Roanoke County Code or the Code of Virginia, shall be in the amount of thirty-six cents ($0.36) per one hundred dollars ($100.00) of gross receipts from the occupation during the preceding calendar y_ year. Every person whose gross receipts in the preceding calendar yeaz shall be less than five thousand dollazs ($5,000.00) from any personal or business service shall pay the license fee of fifty dollars ($50.00) imposed in § 10-3(a} of this chapter upon commencement of the business and initial application for a license and shall thereafter be exempt from the payment of a license fee or tax, provided that such person continues to qualify for this exemption and otherwise complies with the requirements of this chapter. (b) Personal services shall mean rendering for compensation any personal, business or other services not specifically classified as financial, real estate, professional, or repair services, under this chapter, or rendered in any other business or occupation not specifically classified in this chapter unless exempted from local license tax by Title 58.1 of the Code of Virginia. (c) Those rendering a personal or business service include, but are not limited to, the following: Addressing letters or envelopes Advertising agencies Airports Ambulance services Amusements and recreation services (all types) Animal hospitals, grooming services, kennels or stables Artists Auctioneers and common criers Automobile driving schools Barber shops, beauty parlors, and hairdressing establishments, schools and services Bid or building reporting service Billiazd or pool establishments or parlors Blacksmith or wheelwright Boat landings Booking agents or concert managers Bottle exchanges Bowling alleys Business research and consulting services Cemeteries Chartered clubs r--Y Child care attendants or schools Child or adult home care registry Cleaning chimneys and/or furnaces Clinical laboratory Coin machine operator Collection agents or agencies Commercial photography, art and graphics Commercial sports Computerized information retrieval service Dance band Dance halls, studios and schools Data processing, computer and systems development services Developing or enlarging photographs Detective agency and protective services Domestic service registry Drafting services Electrolysis or scalp treatment Engraving Erecting, installing, removing or storing awnings Escort service Extermination services Freight traffic bureaus Fumigating or disinfecting Funeral services and crematories Golf courses, driving ranges and miniature golf courses Hauling of sand, gravel or dirt Hospitals, profit and nonprofit Hotels, motels, tourist courts, boarding and rooming houses and trailer parks and campsites House cleaning services ............................ ........................... '~tiE+sts Information bureaus Instructors, tutors, schools and studios of music, ceramics, art, sewing, sports and the like Interior decorating Janitorial services Labor service Laundry cleaning and garment services including laundries, dry cleaners, linen supply, diaper service, coin-operated laundries and carpet and upholstery cleaning Limousine service Mailing, messenger and correspondent services Massage therapists Massage technicians Movie theaters and drive-in theaters Musician Nickel plating, chromizing and electroplating -~ Nurses and physician registries Nursing and personal care facilities including nursing homes, convalescent homes, homes for the retarded, old-age homes and resthomes Packing, crating, shipping, hauling or moving goods or chattels for others Parcel delivery services Parking lots, public garages and valet parking Pawnbrokers Personal services, labor agents and employment bureaus Photographers and photographic services Photocopying Physical fitness establishment Physicians registry Piano tuning Picture framing and gilding Porter services Press clipping services Private investigation Promotional agents or agencies Public relations services Realty multiple listing services Renting or leasing any items of tangible personal property Reproduction services Secretarial services Septic tank cleaning Shoe repair, shoe shine and hat repair shops Sign painting Statistical service Storage--all types Swimming pool, other than nonprofit or cooperative Swimming pool maintenance and management Tabulation services Tanning salons Tax preparers (other than professionals listed in section 10-34) Taxicab companies Taxidermist Telephone answering services Theaters Theatrical performers, bands and orchestras Towing services Transportation services including buses and taxis Travel bureaus Tree surgeons, trimmers and removal services Trucking companies, intrastate and interstate (unless a certified motor vehicle carrier operating in the Commonwealth of Virginia and filing such annual report as required by section 58.1-2654 of the Code of Virginia) F~ Turkish, Roman or other like baths or parlors Undertaker, embalmer Vehicle title service Wake-up services Washing, cleaning or polishing automobiles Writers Other personal or business service occupations. 2. That Section 10-41. Fortune-tellers, astrologists, etc., of Chapter 10, Licenses, of the Roanoke County Code be amended and re-enacted as follows: Sec. 10-41. Fortune-tellers, astrologists, etc. (a) Every person engaged in business as afortune-teller, clairvoyant, phrenologist, spirit medium, astrologist, ~rppnotist, palmist, or handwriting analyst, for which compensation is received, shall pay for the privilege an annual license tax of one thousand dollars ($1,000.00), which license shall not be transferred or prorated. (b) Any person who engages in the activities of subsection (a) without obtaining a license shall be guilty of a Class 3 misdemeanor. 3. That this ordinance shall be in full force and effect from and after January 1, 2000. G: WTTORNEYUBOWGENDAU IYPNOTIS.ORD z o Z J °.a 7 38 AGENDA ITEM NO. F_ ~ APPEARANCE REQUEST -PUBLIC NEARINGORDINANCE _ CITIZEN COMMENTS SUBJECT: ~ K ~ ss ~.i c e use ©~^ ~~ Kp ~, ce - t~~~o~, 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/A/ES 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: /yI19-,~~~/~~ T ,UE~~°.Se~ ADDRESS:.3~.3~ C~~~S~~°TI~~ X57: /~.~ l~i~ a~d~~ PHONE: ~~~D~ 7~~. ~~~~ ~ QOAN RF O ~ ~ .~~~ ~ •;. 9 Z :- L? o J a 1838 AGENDA ITEM NO. APPEARANCE REQUEST PUBLIC HEARING ORDINANCE CITIZEN COMMENTS SUBJECT: ~' a "~ ~ ~' I would like the Chairman of the Board of Supervisors to recognize me during the meeting on the above matter so that I may comment. WHEN CALLED TO THE LECTERN, / W/LL G/VE MY NAME AND ADDRESS FOR THE RECORD. /AGREE TO AB/DE BY THE GUIDELINES LISTED BELOW; • Each speaker will be given between three to five minutes to comment whether speaking as an individual or representative. The Chairman will decide the time limit based on the number of citizens speaking on an issue, and will enforce the rule unless instructed by the majority of the Board to do othennrise. ^ 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 Board. Debate between a recognized speaker and audience members is not allowed. ^ Both speakers and the audience will exercise courtesy at all times. ^ Speakers are requested to leave any written statements and/or comments with the Clerk 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 L GIBLY AND GIVE TO THE CLERK TO THE BOARD NAME: ~- ~ ~,~,~ ADDRESS: ~~~ /1%:21 ~YG~%~f~-~~ ~L ~,~ .-.;.~i; f.r~ PHONE: ~~ - :~~ /:Z- ACTION NUMBER ITEM NUMBER -~f"" AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: December 7, 1999 SUBJECT: Appointments to Committees, Commissions and Boards COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: 1. BLUE RIDGE COMMUNITY SERVICES BOARD OF DIRECTORS The unexpired at-large term of Rita Gliniecki is vacant. Her term expires December 31, 2000. Ms. Gliniecki has resigned her at-large position to accept appointment as Roanoke County's representative, filling the unexpired term of Susan Cloeter. The at-large member of the Board of Directors is recommended by the Board and confirmed by all participating localities. 2. COMMISSION FOR SENIOR AND CHALLENGED CITIZENS Ms. Bobbi Conner, representing the Catawba Magisterial District, has resigned from the commission because of health and family reasons. Her letter of resignation and recommendation for another appointee is attached. 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. 4. 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. 1 ~l -~a 5. LIBRARY BOARD The four year term of Mary A. Carswell, Windsor Hills District, will expire December 31, 1999. Supervisor McNamara requested that the Deputy Clerk contact Ms. Carswell to determine if she wanted to serve another term. Ms. Carswell was contacted and advises that she does not want to serve another term. 6. ROANOKE COUNTY PLANNING COMMISSION The four year term of William Todd Ross, Hollins District, will expire December 31, 1999. SUBMITTED BY: a. ~~. Brenda J. Holt n, CMC Deputy Clerk to the Board APPROVED BY: Elmer C. Ho ge County Administrator ACTION VOTE No. Yes Abs Approved () Motion by: Harrison Denied () Johnson _ _ Received () McNamara- _ _ Referred () Minnix To () Nickens _ _ 2 ROB. CO. UTILITY' DEPT. TEL~1-540-38T-6230 ~• Nov 2~ 99 13 55 ~'a . 02~ P .02 6241 Poor Mountain Road Salem, VA 24153 November 23, 199a pebble Pitts Roanoke Ca. Dept. of Parks ~ Recreation 1206 Kessler Mill load Salem, VA 24153 Dear Debbie: ~r_G It is with regret that I must tell you that I need to resign from the {~oanoke County Senior and Challenged Citizen's Commission. tVly health and some family problems make it impossible forme to continue an the commission at this time, 1 would personalty recommend Alan Garrett as a person In my district who would be a good advocate for citizens with disabilities- You already know Alan from the Video Series Project. I have enjoyed my work with all of you, and I wish you the best. Sincerely, c~N Bobbi Donner °~ - -~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, DECEMBER 7, 1999 RESOLUTION 120799-3 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM J - CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the certain section of the agenda of the Board of Supervisors for December 7, 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 Item 1 through 4, as follows: 1. Approval of Minutes -September 14, 1999. 2. Confirmation of committee appointments to the Library Board and Roanoke County Planning Commission. 3. Acceptance of water and sanitary sewer facilities serving Hidden Woods Subdivision of Fairway Forest. 4. Acceptance of sanitary sewer extension serving Campbell Hills. 2. That the Clerk to the Board is hereby authorized and directed where required by law to set forth upon any of said items the separate vote tabulation for any such item pursuant to this resolution. On motion of Supervisor Johnson to adopt the Consent Resolution, and carried by the following recorded vote: AYES: Supervisors McNamara, Harrison, Johnson NAYS: None ABSENT: Supervisors Minnix, Nickens 1 A COPY TESTE: ~• Mary H. Allen, CMC/AAE Clerk to the Board of Supervisors cc: File Gary Robertson, Director, Utility Arnold Covey, Director, Community Development ..~,.~. . .,..~ "" September 14, 1999 547 Roanoke County Administration Center 5204 Bernard Drive Roanoke, Virginia 24018 September 14, 1999 The Board of Supervisors of Roanoke County, Virginia, met this day at the Roanoke County Administration Center, this being the second Tuesday and the first regularly scheduled meeting of the month of September, 1999. IN RE: CALL TO ORDER Chairman Johnson called the meeting to order at 3:02 p.m. The roll call was taken. MEMBERS PRESENT: Chairman Bob L. Johnson, Supervisors Fenton F. "Spike" Harrison, H. Odell "Fuzzy" Minnix, Joseph P. McNamara MEMBERS ABSENT: Vice Chairman Harry C. Nickens, (arrived 3:09 p.m.) 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 Assistant County Administrator John M. Chambliss, Jr. The Pledge of Allegiance was recited by all present. (N RE: REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF September 14, 1999 549 financing of Salem Vent International, Inc. Tim Gubala, Economic Development Director) R-091499-1 Mr. Gubala reported that 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 approximately 60,000 square foot manufacturing facility. The Company manufactures two-way hingeless ventilators for the heavy truck industry. Mr. Gubala advised that the Industrial- Development Authority approved an inducement resolution for the Company at its September 1, 1999 meeting and is requesting that the Board of Supervisors approve a resolution so that the industrial revenue bonds may be issued by the end of 1999. Approval of the bond financing will assist in locating the company in the County and in selling the last remaining parcel at Valley TechPark. Supervisor Harrison moved to approve the bonds. The motion carried by the following unanimous recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens and Johnson NAYS: None 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, Chapter 49, Title 15.2 of the Code of Virginia of September 14, 1999 551 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 2. Request for approval of Public Private Partnership for Salem Vent International Inc (Tim Gubala Economic Development Director A-Q91499-2 Mr. Gubala advised that staff is recommending that the County fund up to $60,000 for utility connection fees for water, sewer and fire service for Salem Vent International. Staff estimates that new annual tax revenues of $53,625 will offset the $60,000 public private partnership within the tfY•ee year payback formula established by the Board. Supervisor Harrison moved to authorize the County Administrator to execute a performance agreement and provide $60,000 in public private partnership funds. The motion carried by the following unanimous recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens and Johnson NAYS: None 3. Request for approval of an Economic Development Performance Agreement to expand Advance Stores Inc headquarters September 14, 1999 Completion of the performance agreement and this project are contingent upon obtaining a $700,000 CDBG 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. Supervisor McNamara inquired if this could be structured so that the County would not be out of the up-front money. Ms. Waugh advised the funds would be staged. Supervisor McNamara .asked if these funds should come from the Capital Fund. Supervisor Johnson responded that they will be repaid to the Capital Fund. Supervisor. Johnson moved to approve the performance agreement, appropriate $641,500 and authorize the County Administrator to execute a performance agreement with the IDA and Advance Stores. The motion carried by the following unanimous recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens and Johnson NAYS: None 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 Haislp Parks and Recreation Director) A-091499-4 Mr. Haislip advised that Roanoke County has received a $190,000 September 14, 1999 ~~~ (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. The Workforce Investment Act (WIA) provides three options for the designation of workforce investment areas: (1) Automatic (for a single city or county which has a population of 500,000 or more; (2) 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 performance standards for the past two years, as well as having had no findings or concerns in audits for the same period; and (3) General (requests from single or multiple jurisdictions with populations of 200,000 or more). 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. Mr. Sgroi requested 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. September 14, 1999 557 IN RE: FIRST READINGS OF ORDINANCES 1. First reading of an ordinance vacating and closing an unimproved and unused portion_of right-of-wav known as Cave Spring Lane in Section 3. Nottingham Hills Subdivision recorded in Plat Book 7, Page 32 and located in the V1/indsor Hi(Is Magisterial District. (Arnold Covey, Community Develoament Director Mr. Covey advised that the petitioners, Mr. Ron F. and Michele C. Cave are requesting that the Board vacate a portion of a 50 foot unimproved public right-of-way known as Cave Spring Lane. Staff has received no objections to this petition and supports the request subject to the Cor~nty reserving a 50-foot sewer, water, drainage and public utility easement. Supervisor McNamara moved to approve first reading and set the second reading for September 28, 1999 . The motion carried by the following unanimous recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens and Johnson NAYS: None 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 September 14, 1999 ~~9 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. 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. This includes savings of $5 million in ~n!ater lines, and the County will not have to spend $1.6 million that was included in the previous contract. In response to questions, Mr. Robertson advised that the price for the bulk water sale to the city will be $2.75, and that the City and County will be meeting to look at expansion of interconnections. Mr. Mahoney explained that Roanoke City will only hold one reading of the ordinance. Supervisor Johnson pointed out that the cost of bulk water to Roanoke City does not include .any overhead costs such as reading meters and maintaining the lines. Mr. Robertson recommended that the Chairman afthe 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. Supervisor .Nickens moved to approve first reading and set the second reading for September 28, 1999 . The motion carried by the following unanimous recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens and Johnson NAYS: None September 14, 1999 56~ AYES: Supervisors McNamara, Minnix, Harrison, Nickens and Johnson NAYS: None 4. First reading of ordinance to vacate a major portion of a 20-foot water line easement across property of Liberty Propertx Development Corporation at Valley Park Center, Valleypointe (Tax Map No. 37.07-1-16, 16.1 and 17) located in the Hollins Magisterial District. (Arnold Covey. Community Development birector Mr. Covey advised that Liberty Property Development Corporation has requested that the Soard vacate a major portion of the water line easement to eliminate an encumbrance. The Utility Department was. notified of the request and advised that the water line in question has been removed and is no longer in service and agreed with the request. Supervisor Johnson moved to approve first reading and set the second reading and public hearing for September 28, 1999. The motion carried by the following unanimous recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens and Johnson NAYS: None IN RE: SECOND READING OF ORDINANCES September 14, 1999 ,~~~ 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 Corunty 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: AYF_S: Supervisors McNamara, Minnix, Harrison, Nickens, .Johnson NAYS: None ~?. ~ecoild readin 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 0-091499-7 There was no discussion and no citizens to speak on this ordinance. Supervispr Harrison moved to adopt the ordinance. The motion carried by the following unanimous recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens and Johnson NAYS: None September 14, 1999 ~~~ 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 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 unanimous recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens and Johnson NAYS: None 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-GO 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: September 14, 1999 567 (h) If any tax on the land affected by an application is delinquentwhen the application is filed, then the application shall not be accepted. Upon payment of ail 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 ar before the effective date of the assessment (January 1 st) and accompanied with a late filing fee of forty dollars ($40.00). State Law Reference: Code of Virginia, § 58. ~-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, fihe Commissioner of Agriculture and Consumer Services and the Stag: 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 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, September 14, 1999 569 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 whether the subject property meets the criteria for "agricultural use" or "horticultural use" the real estate assessor may request an opinion from the CommissionerofAgriculturaland ConsumerServices; indetermining whetherthe subject property meets the criteria for "forest use" he may request an opinion from the State Forester; and.. in determining ~n1hether the subject. property rneets 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 De}?artrnent of Conservation and Fecreation to issue an opinion, or in the event of an u„favarable apinion 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; 10-1.0-89) State Law Reference: -Code of VA, §58.1-3233, 58.1-3241. Sec. Z1-54. Taxation based an 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 fo 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) September 14, 1999 571 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 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. (C~rd. No: 101089-4, § 1, 10-10-89} Sec. 21-58. Failure tt~ report changes; misstatements in application. (a) The owner of any real estate liable for roll-back taxes shall, within sixty (00} days following a ch~~nge in use ~r zoning, report such change to the real estate assessor :~n such forrr~s as may be prescribed. The real estate .assessor shall forthwith determine .and assess the roli-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 ocrurs, 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 ofone-half ('/2) percent of the amount of the roll-back tax, interest and penalty, for each month or fraction #atlttre thereof during which the failure continues. (b) Any person making material misstatements of factotherthan 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 September 14, 1999 573 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: 1. Approval of Minutes -July 27, 1999 2. Confirmation of committee appointments to the Blue Ridge Community Services Board of Directors, Clean Valley Council, die-f'~a-i°rP+ 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 fihe Roanoke County Education Foundation to William Byrd High School Saturday School ~~. Bequest from School Board to appropriate $1,000 Virginia Departmenfi 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 irr 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. September 14, 1999 575 IN RE: REPORTS Supervisor Johnson moved to receive and file the reports. The motion passed by a unanimous voice vote. 1. General Fund Unappropriated Balance 2. Capital Fund Unappropriated Balance 3. Board Contingency Fund 4. Future School Capital Reserve ~. Statement of the Treasurer's Accountability per Investments and Portfolio Palicy as of August 31, 1999. IN RE: REPORTS AND INQUIRIES OF EOARD MEMBERS Supervisor Harrison announced that the Marine Mud Run will be held on Saturday, September 18 at Green Hill Park, and that the Groundbreaking Ceremony for the Regional Fire Training Center will be held September 21. tN RE: WORK .SESSIONS 1. Update on progress of the discussions on school construction projects by Supervisors McNamara and Nickens Supervisor McNamara presented information on the background of the decision to construct the new South County School. He explained that if construction September 14, 1999 577 1. Approval to increase the scope ofthe South County Hiah School. A-091499-10 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 forwar°d with the schedule so that the new school will open in July 2002. The motion carried by the following unanimous recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens and Johnson NAYS: None IN RE: OL.USE~3 i~EETING At 6:40 p.m., Supervisor Johnson moved to go into Closed Meeting after the work session pursuant to Code of Virginia Section 2.1,-344 A (7) consultation with legal counsel 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. Supervisor McNamara left the Closed Session at 6 :45 p.m. AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None IN RE: CERTIFICATION RESOLUTION R-091499-11 September 14, 1999 Submitted by, Mary H. Allen, CMC/AAE Clerk to the Board Approved by, Bob L. Johnson Chairman r A-120799-3. 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: December 7, 1999 AGENDA ITEM: Confirmation of Committee appointments to the Library Board and Roanoke County Planning Commission COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION 1. Library Board At the November 23, 1999 Board of Supervisors meeting, Supervisor Minnix nominated Josie Eyer to serve another four year term. Ms. Eyer represents the Catawba District and her term will expire December 31, 2003. 2. Roanoke County Planning Commission At the November 23, 1999 Board of Supervisors Meeting, Supervisor Minnix nominated Don Witt to serve another four year term. Mr. Witt represents the Cave Spring District and his term will expire December 31, 2003. Respectfully submitted, ~~~~ ~~ Brenda J. Hol on, CMC Deputy Clerk to the Board 1 STAFF RECOMMENDATION: It is recommended that the above appointments be confirmed by the Board of Supervisors. Approved by, Elmer C. Hodge County Administrator ACTION Approved (x) Denied ( ) Received ( ) Referred ( ) To ( ) Motion by: Bob L. Johnson to approve cc: File Library Board Roanoke County Planning Commission 2 V -W VOTE No Yes Absent Johnson _ x Harrison __ x _ McNamara_ x _ Minnix _ _ X Nickens x A-120799-3. b ACTION # ITEM NUMBER .,.~~' AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: December 7, 1999 SUBJECT: Acceptance of Water and Sanitary Sewer Facilities Serving Hidden Woods Subdivision of Fairway Forest COUNTY ADMINISTRATOR'S COMMENTS: G~~'c'v~KtM'+~ SUMMARY OF INFORMATION: The Developers of Hidden Woods Subdivision of Fairway Forest, FFE Development Corporation, have requested that Roanoke County accept the Deed conveying the sanitary sewer facilities serving the subdivision along with all necessary easements. The sewer facilities are installed, as shown on plans prepared by Lumsden Associates entitled Hidden Woods Subdivision of Fairway Forest, which are on file in the Community Development Department. The sanitary sewer facility construction meets the specifications and the plans approved by the County. FISCAL IMPACT: The value of the water and sanitary sewer construction is $ $64,000.00 and $61,000.00 respectively. RECOMMENDATION: Staff recommends that the Board of Supervisors accept the water and sanitary sewer facilities serving the Hidden Woods Subdivision of Fairway Forest along with all necessary easements, and authorize the County Administrator to execute a Deed for the transfer of these facilities. ,J- 3 SUBMITTED BY: Gary Robertson, Utility Director APPROVED: ~~Gi~*~ Elmer C. Hodge County Administrator ACTION VOTE No Yes Absent Approved (x) Motion by: Bob L. Johnson to approve Johnson _ x Denied () Harrison - x Received () McNamara- x Referred () Minnix _ _ x To () Nickens _ _ x cc: File Gary Robertson, Director, Utility Arnold Covey, Director, Community Development „~ ,~` '~ THIS CHATTEL DEED, made this 99 , by and between: FFE Development Corporation, Mr. V rafter referred to as the Developer, party of the first part; and ~ OKE COUNTY, VIRGINIA, its successors or assigns, hereina C ~ cond part. :WITNESSET THAT FOR AND IN CONSIDERATION of the r ;eipt and sufficiency of which is hereby acknowledged, the Dev __ _ _, ~~~ _~ , ~, ~~1 ~ L ~ , h~~IGN AND TRANSFER, with the covenants of GENERAL WARRANTY OF TITLE, in fee simple unto the Board all water and/or sewer lines, valves, fittings, laterals, connections, storage facilities, sources of water supply, pumps, manholes and any and all other equipment and appurtenances thereunto belonging, in and to the water and/or sewer systems in the streets, avenues, public utility, easement areas, water and sewer easement areas that have been or may hereafter be installed by the Developer, along with the right to perpetually use and occupy the easements in which the same maybe located, all of which is more particularly shown, described and designated as follows, to wit: As shown on the plan entitled Hidden Woods Subdivision of Fairway Forest, made by Lumsden Associates and on file in the Roanoke County Engineering Department. The Developer does hereby covenant and warrant that it will be responsible for the proper installation and construction of the said water and/or sewer systems including repair of surface areas affected by settlement of utility trenches for a period of one (1) year after date of acceptance by the Board and will perform any necessary repairs at its cost. 1 ,- 13 Elmer C. Hodge, County Administrator of Roanoke County, Virginia, hereby joins in the execution of this instrument to signify the acceptance of this conveyance pursuant to Resolution No. of adopted by the Board of Supervisors of Roanoke County, Virginia, on the 19 99. WITNESS THE FOLLOWING signatures and seals: Developer: FFE Development Corporation, Inc. Address: 4520 Old Cave Springs Road, SW By As Title State of: ~~ ~-~s ~''~' ~^ ' Coo y~City of: ~c~`~ lc a , to wit: The foregoing instrument was acknowledged before me this: ~~` ,day of ~ O ir" 19 ~ ~ , By: ~~~ . ' , ` ~ ~` ~ ~~ Its ~~~ ~ . Duly authorized officer (typed name) Title on behalf o£ Notary Public My Commission expires: ~ f ~C' ~~'~. day 2 r- )-3' Approved as to form: Board of Supervisors of Roanoke County, Virginia County Attorney By: (SEAL) Elmer C. Hodge County Administrator State of: Virginia County/City of: Roanoke , to wit: The foregoing instrument was acknowledged before me this: day of 19 , by Elmer C. Hodge, County Administrator, on behalf of the Board of Supervisors of Roanoke County, Virginia. Notary Public My Commission expires: 3 III T• ....,.~ ( \ Ty~7,' I ~ _ __ --- ,....~ BLOCK m a ,y \ i ___ '_- /rf __ g ~»' k 7: C 5 ~ ~ ~ l a~`:~:+ `t~~ it -~ ~ ±'~ 'f y•M 1ui j ~ t 0A: ~ ~'. B ~~ _ S.c: ~ 7 ~ '~, ~ I.f f \ t2 ~~- ` '; ~.3 a ~.,:~' t i~ I ~~ j is ,..w...•: f:. J° ; y .r.. ___ '"-.n'S. 9 ;~ 8 ~ T ~ ,.~ `pt ~I f ~ ij~~ [ 1W5~ ~..`s7 4d \.. 13 ~ Ii1Mff.. ~` a qp ~ t ~ A il~t~cs [:::^. : / A 1i I*~' } T ~:~` .y JIB ~~.. ~~ ~ ~;i~ ~(~: CF.:=• '~; 1 ~ 1 111 /„ =h ry•' ---, ` ~ /,~t • 11 ~''~?s __ /. `q i 1~• A S "":::'( `fir} {J~•J I \` l~ ! ~3: +1 j ,ti "••.Yy t _ ^~ _ ~A8-BUILT' I ~ ~~ ~ ' e ppDEN ~ ' 6 ~ r~ / ..4~ °°=~ _ rYmme ~ u+art r •'moa woonx• . ! ,e ` ~ Fq! W Y , ~ ~~~ B o.r,ur,P wx!n utrni it ~ ~.•~ ~ ~ Prc c~vnuPUSirt coxo~x.nox W v.~ N•^"°"• LUY40E\ .1330C1A1Y5. P.C•¢ ~' ~~~ PA A EL ..` i~2 r rd : , co~'9r ooos ca~ m-a ~'m~°~ mom .n, ~ . to w•. ;•. ~ -- mac-v5e_v. •, .,.M. '• ` ... ,s , s *;~,, '.fit cK' m `,~., w` r .1 eL •~~ \ ~'.. aA . TOgAGpT TAN% ~ I W •~ . w,w n.a „ I 1 R OANOKE COUNTY UTILITY DEPAR T1~IENT HIDDEN WOODS SUBDIVISION OF FAIRWAY FOREST TAX ~v~A~ ~~,~~ .. ACTION # A-120799-3. c ITEM NUMBER ~' """"' AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: December 7, 1999 SUBJECT: Acceptance of Sanitary Sewer Extension Serving Campbell Hills COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The Developers of Campbell Hills Sanitary Sewer Extension, Thomas, Ltd., have requested that Roanoke County accept the Deed conveying the sanitary sewer facilities serving the subdivision along with all necessary easements. The sewer facilities are installed, as shown on plans prepared by T. P. Parker & Son entitled Campbell Hills Sanitary Sewer Extension, dated December 2, 1997, which are on file in the Community Development Department. The sanitary sewer facility construction meets the specifications and the plans approved by the County. FISCAL IMPACT: The value of the sanitary sewer construction is $19,400.00. RECOMMENDATION: Staff recommends that the Board of Supervisors accept the sanitary sewer facilities serving the Campbell Hills subdivision along with all necessary easements, and authorize the County Administrator to execute a Deed for the transfer of these facilities. SUBMITTED BY: Gary Robertson, ~E. Utility Director APPROVED: Elmer C. Hodge County Administrator ACTION VOTE No Yes Absent Approved (x) Motion by: Bob L. Johnson to approve Johnson _ x Denied () Harrison _ x Received () McNamara- x _ Referred () Minnix _ _ x To () Nickens _ _ x cc: File Gary Robertson, Director, Utility Arnold Covey, Director, Community Development ~ NO'J-15-1Q99 17~0~3 Rk::E !~TY-COM DEV 54077?2100 P.Q2i05 COPY ~-y RETVISN To: ROANO~ CUUNTY A1'T'UR1vEY'S OFFICE THIS CHAT'T'EL DEED, made this 1 7TH day of N n v E ~ B E R , 19~_,byandbetween:__ THOMAS, LTD. ,a VIRGINIA corporation, hereinafter referred to as the "Developer," party of the first part; and the BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, its successors or assigns, hereinafter referred to as the "Board," party of the second part. WITI~'ESSIJTI-I: THAT FOR A1~ID IItiF CONSIDERATION of the mutual benefits accruing to the parties, the receipt and sufficiency of which is hereby acltnowledged, the Developer does hereby GRANT', t1`ONVEY; ASSIGN AND TRANSFER, with the covenants of GENERAL WARRANTY OF TITLE, in fee simple tuzto the Board all water and/or sewer lines, valves, fittings, laterals, connections, storage facilities, sources of water supply, pumps, manholes and any and all other equipment and appurtenances thereunto belonging, in and to the water and/or sewer systems in the streets, avenues, public utility, easement areas, water and sewer easement areas that have been ar may hereafter be installed by the .Developer, along with the right to perpetually use and occupy the easements in which the same may be lacated, all of which is more particularly shown, described and designated as follows, to wit: Fage 1 of 4 NO'J-15-19Q9 1"~ 88 P.KE C i Y-COt~'I DE'J ~4077221J8 P. ~'~D5 As shown on t<be plan entitled ('AMPRFi T ~Trr T,S SANITARY SRWF:R EXTENSION ,made B `t T.P. PARKER & SON and on file in the Roanoke County Engineering Department. (10/]6/971 The Developer does hereby covenant aizd warrant that it will be responsible for the proper installation and construction of the said water and/or sewer systems including repair of surface areas affected by settlement of utility trenches for a period of one ~1) year after date of acceptance by the I3vard and will perform any necessary repaizs at its cost. Elmer C. Hodge, County Administrator of Roanoke County, Virginia, hereby joins in the execution of this instrument to signify the acceptance of this conveyance pursuant to Resolution No. adopted by the Board of Supervisors of Roanoke County, Virginia, on the day of 19 Page 2 of 4 ~ Np~,'-15-1+99 17~ ~~R P,KE CTY-COM L~E'J 54~777?21~8 P. N4iE~5 --r J° WITNESS THE FOLLQWING signatures and seals: Developer: BY~ c - EAL As: Title State of: ~ V `-w~~ CcnuttylCity of: , to wit: The foregoing instrument was acknowledged before me this: l ~ ~ ,day of ~t~~'~rth 19 ~.-, By: ~ r~~, I M? ~'1M ~M Its ~' J~%.J~ Duly authorized officer (typed name) Title on behalf of: t~Iy Co~.n:~nission expires: [~~.©0 ~ Page 3 of 4~ `• '~,~ ~C''~C N[~V-15-1994 17~D8 Appra~~ed as to form: RKE CTY-COM UEV County Attorney 54~77c21~8 P. CAS; ~~S w.a..r' Board of Supervisors of Roa~aol~e County, Virginia 13y: (SEAL) E11ner C. Hodge County Administrator State of: _Virginia County/City of Roanoke , to wit: The Foregoing instnunent was acknowledged before me this: day of 19 , by Elmer C. Hodge, County Admiiustrator, on behalf of the Board of Supervisors of Roanoke County, V irginia. Notary Public My Commission expires: Page 4 of 4 TCJTAL P. ~5 I I i C <<, T~~~o e ~ ~ C ~c~(Or ,S,YO`i, < h j '~'4S~ o ~~S O I ~ \ ' n, T. ~~ . i e 6 (/ ,, s ~ a~4ti Fi .: y~ .: ,3C ` ` y F\ „\. \ ~ ~~ s~ \ -~ qs o~,i~ ,. , Fa ~Fo-~ \ / `~ ROANOKE COUNTY jJTILITY Campbell Hills Sanitary Sewer Extension Acceptance of Sanitary Sewer Facility DEPARTMENT I f {~__ I !Y-~ GENERAL FUND UNAPPROPRIATED BALANCE COUNTY OF ROANOKE, VIRGINIA Unaudited Beginning Balance at July 1, 1999 Results of Operations for 1998-99 Audited Beginning Balance at July 1, 1999 Oct 12, 1999 Consultant for regional refuse collection study Balance at December 7, 1999 Changes below this line are for information and planning purposes only. Balance from above of General Amount Fund Revenues $6,750,027 5.94% 1,058,946 7,808,973 {17,558) $7,791,415 6.85% $7,791,415 $7,791 415 Note: On December 18, 1990, the Board of Supervisors adopted a goal statement to maintain the General Fund Unappropriated Balance at 6.25% of General Fund Revenues 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 Admuustrator 6.85% M:\Finance\Common\Board\Gen99. WK4 ~'~ CAPITAL FUND UNAPPROPRIATED BALANCE COUNTY OF ROANOKE, VIRGINIA Amount Balance from June 22, 1999 Board meeting Dixie Caverns Recovery Sale of land and equipment during 1998-99 Unaudited Beginning Balance at July 1, 1999 I~1ov 9, 1999 Transfer from General from for l 998-99 expenditure savings (with $40,646 reserved for pending rollovers) Sept 14, 1999 Advance Auto performance agreement (This money will be reimbursed to the capital fund ftom future tax collections) Oct 26,1999 Purchase of land adjacent to Vinyard Park II Balance at December 7, 1999 Respectfully Submitted, k~ ~a,>.e. ~. ~~` Diane D. Hyatt Director of Finance Approved By, Elmer C. Hodge County Administrator $11,042.93 137,500.00 354,643.16 503,186.09 384,832.00 (226,650.00 (41,000. $620.368.09 I M:\Finance\Common\Board\Cap99. WK4 ~/-3 RESERVE FOR BOARD CONTINGENCY COUNTY OF ROANOKE, VIRGINIA Amount From 1999-2000 Original Budget $100,000.00 u1y 27, 1999 General Fund share of VACOI VML assessment for AEP negotiations (4,749.00 my 27, 1999 Green Hill soccer field (47,000.00 Balance at December 7, 1999 Respectfully Submitted, Diane D. Hyatt Director of Finance Approved By, Elmer C. Hodge County Administrator M:\Finance\Common\Board\Board99.WI~4 r-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 tune 23, 1998 Savings from 1997-98 debt fund FY98-99 Original budget appropriation FY99-200 Original budget appropriation Less increase in debt service vovember 9, 1999 Savings from 1998-99 debt fund $670,000.00 1,113,043.00 2,000,000.00 321,772.00 2,000,000.00 2,000,000 (1,219,8__55) 780,145.00 495,363.00 Balance at December 7, 1999 __ $7 380,323.00 The following funds have been temporarily advanced from this fund will be reimbursed with future bonds issues: Balance from above $7,380,323 Land purchase and site work for new South County high school (4,000,000) Science Labs (2,170,600) $1,209,723 Note :These advances will be reimbursed with the 1999 Fall VPSA Bond Sale. Respectfully Submitted, •~ ,tcz~ ~ ';~~~ Diane D. Hyatt Director of Finance Approved By, Elmer C. Hodge County Administrator M:\Finance\Common\Board\Schoo199. WK4 c rn 0 W n m :.. D CC C ti O ti C~ a 4r O ~'a C 7 O U Q ~o n N L o y 6~ 6~ a_ CC ~.., v Q 'O C e~ r:+ h w w O r..~ E w CC w ~..'" "~' n N~ M h~ 00 N~ h O N O M o0 7 oc -- ~ .~ D1 0o M O O~ h o0 Q\ ~~ M^ O O Vl 7 O O R ~ O ~ ~' ~? O ~t D1 D\ [~ ~O h [~ O ~ O M 01 M N ~ [~ O D, ~. 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O ~~ a F C R c ~ o ~ a ~ U a~ b ~ L U' ' a ~ ~ U ~ ~ ~ ~ ~ «t /~ A a~ '~ ~ ~ _ _ ~ ~ _ 7 L p C y ~ ~ : ° OO " ~ 'v o y ~ one tl.~ "' ~~ ~ ~ ~„ ~ ~ 7 a ~ A X ~ ~ ~ °~ G~, ~? ~ ~ 0 c W .~ ~ E y a> > ~ 'p ~ ~ b W a~ A ~ ~ ~ c c:: , , ~ ~, a W a" ' u ~ V ~ a; ~ ~ Z ~ ~ ~ a0 ~ ~ ~ ~ a i ~ • U p aA ti ~, U y 'C 'O G ~ H . ~ . ~ y ~ y Cl ~ ~' ~ O w '~ O O c~a .D ~ ~ pp O ~ p . w C c k ~ O c a ~ O o a.,~U o Ci,UWU o WG1~F~- ~U~ o ~~ o 0 ~ o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ~+ O O O ~ ~ ~ r 0 0 0 0 o0 00 00 00 00 00 00 0 0 0 0 0 0 0 0 0 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, DECEMBER 7, 1999 RESOLUTION 120799-4 CERTIFYING THE CLOSED MEETING WAS HELD IN CONFORMITY WITH THE CODE OF VIRGINIA WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened a closed meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of The Virginia Freedom of Information Act; and WHEREAS, Section 2.1-344.1 of the Code of Virginia requires a certification by the Board of Supervisors of Roanoke County, Virginia, that such closed meeting was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, hereby certifies that, to the best of each members knowledge: 1. Only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the closed meeting which this certification resolution applies, and 2. Only such public business matters as were identified in the motion convening the closed meeting were heard, discussed or considered by the Board of Supervisors of Roanoke County, Virginia. On motion of Supervisor Harrison to adopt the Certification Resolution; and carried by the following recorded vote: AYES: Supervisors McNamara, Harrison, Johnson NAYS: None ABSENT: Supervisors Minnix, Nickens A COPY TESTE: `~' ~.ol. Mary H. Allen, CMC/AAE Clerk to the Board of Supervisors cc: File Closed Session File ~tOANp,~.~ MARY H. ALLEN, CMC CLERK TO THE BOARD L ~. ~ z c~ `ate 1838 P.O. BOX 29800 5204 BERNARD DRIVE ROANOKE, VIRGINIA 24018-0798 (703) 772-2005 FAX (703) 772-2193 December 8, 1999 Ms. Josie Eyer 7110 Blacksburg Road Catawba, VA 24070 Dear Ms. Eyer: BRENDA J. HOLTON DEPUTY CLERK The members of the Board of Supervisors wish to express their sincere appreciation for your previous service to the Library Board. Citizens so responsive to the needs of their community and willing to give of themselves and their time are indeed all too scarce. I am pleased to inform you that, at their meeting held on Tuesday, December 7, 1999, the Board of Supervisors voted unanimously to re-appoint you as a member of the Library Board, representing the Catawba Magisterial District, for another four-year term. Your term will begin on December 31, 1999, and expire on December 31, 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: Spencer Watts, Director, Libraries Steven A. McGraw, Clerk, Circuit Court ® Recycled Pier ROAN ~ F G ti: ~ p ~ c~ az ~~~~~ ~~ ~~~~.~.~ r sa P.O. BOX 29800 5204 BERNARD DRIVE MARY H. ALLEN, CMC ROANOKE, VIRGINIA 24018-0798 CLERK TO THE BOARD (703) 772-2005 FAX (703) 772-2193 December 8, 1999 Mr. Donald R. Witt 3332 Kenwick Trail Roanoke, VA 24018 Dear Mr. Witt: BRENDA J. HOLTON DEPUTY CLERK The members of the Board of Supervisors wish to express their sincere appreciation for your previous service to the Planning Commission. Citizens so responsive to the needs of their community and willing to give of themselves and their time are indeed all too scarce. I am pleased to inform you that, at their meeting held on Tuesday, December 7, 1999, the Board of Supervisors voted unanimously to reappoint you as a member of the Planning Commission representing the Cave Spring Magisterial District for another four year term. Your new term will expire on December 31, 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 riot 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, 74~ Mary H. Allen, CMC/AAE Clerk to the Board of Supervisors Enclosures cc: Terry Harrington, Director, Planning & Zoning Steven A. McGraw, Clerk, Circuit Court ® p~~ p~ . . ~v~~ ~ DRAFT - - -99 ROANOKE COUNTY BOARD OF SUPERVISORS AGENDA DECEMBER 7, 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: Gardner W. Smith, Director Procurement Department 3. Pledge of Allegiance to the United States Flag B. REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF AGENDA ITEMS C. PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND AWARDS D. BRIEFINGS 1 E. i ~~ NEW BUSINESS 1. Request to grant off-site water and sewer credits for the development of Merriman Manor Subdivision. (Gary Robertson, Utility Director) 2. Request approve support and grant funding for proposed regio stormwater management facility at new South County ~ Hi School. (Arnold Covey, Community Development ~ rector) FIRST READINGS OF ORDINANCES 1. First reading of ordinance to declare a parcel of real estate to ~1 ~ be surplus and accepting/rejecting an offer for the sale of land Q~ I \ owned by Mt. Pleasant Fire Department. (Don Gillispie, Division V Chief) 2. First reading of ordinance accepting the donation of certain real estate located at 2970 and 2976 Stonebridge Circle in Vinton from Drew Development Corporation, Inc. and Stonebridge Estates, Inc.. (Paul Mahoney, County Attorney) 3. First reading of ordinance amending Article III, Sewer Use Standards, of Chapter 18, Roanoke County Code to conform to Roanoke City ordinance in accordance with the 1994 Sewage Treatment Agreement. (Gary Robertson, Utility Director) 3. First reading of ordinance amending and reenacting Section 10- 36 and Section 10-41 of the Roanoke County Code to permit hypnotists to be taxed as other personal service occupations for business licenses purposes. (Paul Mahoney, County Attorney) G. SECOND READING OF ORDINANCES H. PUBLIC HEARINGS I. APPOINTMENTS 2 1. Blue Ridge Community Services Board of Directors 2. Commission for Senior and Challenged Citizens 3. Highway and Transportation Safety Commission 4. League of Older Americans -Advisory Council 5. Library Board 6. Roanoke County Planning Commission 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 -September 14, 1999. 2. Confirmation of committee appointments to the Library Board and Roanoke County Planning Commission. 3. Acceptance of water and sanitary sewer facilities serving Hidden Woods Subdivision of Fairway Forest. 4. Acceptance of sanitary sewer extension serving Campbell Hills. ` ~~ o e County minis ra amended ~~ agreemen o pand Advance Store a qua ers. K. REQUESTS FOR WORK SESSIONS L. REQUESTS FOR PUBLIC HEARINGS M. CITIZENS' COMMENTS AND COMMUNICATIONS 3 N. REPORTS 1. General Fund Unappropriated Balance 2. Capital Fund Unappropriated Balance 3. Board Contingency Fund 4. Future School Capital Reserve 5. Revenues and Expenses for the four month period ended October, 1999. 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 R. CERTIFICATION RESOLUTION S. ADJOURNMENT 4 ~uuxc#g of ~utt~nke ~~ ~~~~r~ ~ t.~ ~ `tOAN ~ F >, L ~ A 2 ~ 2 a s DECLARING SUNDAY, NOVEMBER 28, 1999 AS DWIGHT BOGLE DAY IN ROANOKE COUNTY WHEREAS, Dwight Bogle has been an active member for 39 years of the Cave Spring Recreation Foundation; and WHEREAS, during that time, Mr. Bogle has held a variety of positions, including coach, referee, umpire, coordinator and president of the foundation; and WHEREAS, Mr. Bogle has been the official announcer of the Cave Spring Knights High School Football team for many years; and WHEREAS, Mr. Bogle has served for 39 years as the football coordinator and coach of the Cave Spring Lions youth football team and is now retiring from his coaching duties; and WHEREAS, throughout the last 39 years, Mr. Bogle has served constantly as a source of support and as a role model to generations of children in the Cave Spring and Windsor Hills areas, often caring for the facilities and purchasing equipment himself; as well as helping County staff to plan improvements and additions to athletic fields in southwest county. NOW, THEREFORE, BE IT PROCLAIMED, by the Roanoke County Board of Supervisors that Sunday, November 28, 1999 is DWIGHT BOGLE DAY in Roanoke County, in recognition of his years of service and devotion to athletics and children in the Roam Valley. Mary H. Allen, Clerk L. Harry F. Jr. ~~v~ se h McNamara ~ ~ ~ . ~~ N~~` J~ H. Odell "Fuzzy" i ix / ~,;