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12/21/1999 - Regular
` pOAN ,~.~ L Z" p 2 ~~ `a orki ~I~~ ~ ' ~ revi: 38 ROANOKE COUNTY BOARD OF SUPERVISORS ACTION AGENDA DECEMBER 21, 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 FOR THIS MEETING ONLY will be rebroadcast on Wednesday December 22 at 7 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 ALL PRESENT AT 3:04 P.M. (HCN ARRIVED 3:07 P.M.~ 2. Invocation: The Rev. James W. Reynolds, Retired United Methodist Church 3. Pledge of Allegiance to the United States Flag B. REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF AGENDA ITEMS PMM REQUESTED CHAIR TO TAKE OFFICIAL ACTION TO CHANGE TIME OF ORGANIZATIONAL MTG FROM 4 P.M. TO 9 A.M. BY ADJOURNING TO 1/3/2000 AT 9 A.M. THERE WAS NO OBJECTION TO THIS ACTION. 1 ® Recycled Paper C. PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND AWARDS 1. Resolution of Appreciation to Fenton F. "Spike" Harrison, Jr., for his service on the Roanoke County Board of Supervisors. CHAIR PRESENTED FFH WITH RESO AND PLAQUE R-122199-1 HCN MOTION TO ADOPT RESO URC WITH FFH ABSTAIN D. BRIEFINGS 1. Annual Briefing by the Blue Ridge Community Services Board of Directors. (Rita Gliniecki, Roanoke County Board member) BRIEFING BY MS. GLINIECKI E. NEW BUSINESS 1. Request for $15,410 additional funding for the February 29, 2000 Presidential Primary Election. (Diane St. John, Registrar) A-122199-2 HOM MOTION TO APPROVE URC 2. Request to appropriate funding for the Loch Haven Phase II water line extension. (Gary Robertson, Utility Director) A-122199-3 BLJ MOTION TO APPROVE URC CHAIR ASKED GR TO COMMENT ON STATUS OF SPRING HOLLOW RESERVOIR BOARD CONSENSUS THAT CHAIR WRITE LETTER TO AMERICAN ELECTRIC POWER ASKING FOR COOPERATION AND NEGOTIATION ON RATES WHEN PUMPING WATER FOR RESERVOIR 3. Request for reimbursement in the amount of $20,617.85 for overtime expenses incurred during the Fort Lewis Mountain 2 fire. (Rick Burch, Fire and Rescue Chief) A-122199-4 HCN MOTION TO APPROVE URC CHAIR ASKED RB TO COMMENT ON RECENT TRIP OF FIREFIGHTERS TO MASS. TO MEMORIAL SERVICE 4. Resolution authorizing and approving the filing of a request seeking relief from the Preclearance Provisions of the Voting Rights Act. (Paul Mahoney, County Attorney) R-122199-5 HCN MOTION TO APPROVE RESO URC 5. Approval of settlement of Casey Condemnation, and appropriation of funds. (Paul Mahoney, County Attorney) A-122199-6 HOM MOTION TO APPROVE URC F. REQUEST FOR PUBLIC HEARINGS AND FIRST READING OF REZONING ORDINANCES -CONSENT AGENDA: Approval of these items does not indicate support for, or judge the merits of, the requested zoning actions but satisfies procedural requirements and schedules the Public Hearings which will be held after recommendation by the Planning Commission. NONE G. FIRST READING OF ORDINANCES 1. First reading of ordinance extending the current franchise agreement with Adelphia (Salem) Cable for 90 days and request for appointment to negotiating committee to negotiate a new agreement. (Joseph B. Obenshain, Sr. Assistant County Attorney) FFH MOTION TO APPROVE 1ST READING 3 2ND READING -1/11/2000 URC HCN ASKED THAT COMMITTEE MEETING BE SCHEDULED SECOND WEEK IN FEB 2. First reading of ordinance to authorize acquisition of sanitary sewer easement on property owned by Jorge E. Parrott in connection with the sanitary sewer project for the Roanoke County Center for Research and Technology. (Gary Robertson, Utility Director) FFH MOTION TO APPROVE 1ST READING 2ND READING -111112000 URC H. SECOND READING OF ORDINANCES 1. Second 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) 0-122199-7 HCN MOTION TO ADOPT ORD URC 2. Second 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) 0-122199-8 HCN MOTION TO ADOPT ORD AND APPROPRIATE FUNDS FROM COUNTY ATTORNEY BUDGET AYES: HOM. FFH, HCN, BLJ NAYS: JPM 3. Second 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 0-122199-9 BLJ MOTION TO ADOPT ORD U RC I. APPOINTMENTS BLJ MADE OBSERVATION THAT MINUTES FROM SCHOOL CONSTRUCTION COMMITTEE MTG 11-9-99 HAD MOTION TO ADD BUTCH CHURCH AS MEMBER. SUGGESTED THAT BOARD APPROVE THIS ACTION AFTER DISCUSSION. NO ACTION WAS TAKEN. 1. Commission for Senior and Challenged Citizens 2. Highway and Transportation Safety Commission 3. League of Older Americans -Advisory Council 4. Library Board 5. 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-122199-10 BLJ MOTION TO ADOPT RESO ABSENT ITEM J-10 AND AFTER DISCUSSION OF ITEM J-3 URC 1, Ratification of the at-large member of the Blue Ridge Community Services Board of Directors. A-122199-10.a 5 2. Request for acceptance of Smoke Rise Court, Delmar Lane and a portion of Cedarmeade Drive into the Virginia Department of Transportation Secondary System. R-122199-10. b 3. Donation of a Storage Tank Lot and related access easement shown on Plat of "Hidden Woods" of Fairway Forest Estates, Section 4, from FFE Development Corporation. A-122199-10.c 4. Formal approval of plan documents for the County Flexible Benefits ("Beneflex") Plan. R-122199-10.d 5. Donation of a 30' public access trail and greenway easement across a 5.86 acre parcel of land by David G. Sult and Melanie R. Sult. A-122199-10.e 6. Adjustment to the appropriation of School Phase I budget surplus. A-122199-10.f 7. Request for acceptance of Carelton Drive, Ripley Street and a portion of Innsbrooke Drive into the Virginia Department of Transportation Secondary System. R-122199-10.g 8. Acceptance of Department of Motor Vehicles mini-grants for the following: (a) Child Safety Seat A-122199-10. h (b) Upgrading the radar unit in the speed monitoring trailer 6 A-122199-10 .I (c) Passive Alco-Sensors A-1221990-10.i 9. Donation of a storm drainage easement on property owned by Jean B. Patterson and Laverne Jack Dempsey and Helen R. Dempsey in the Vinton Magisterial District. A-122199-10. k 10. Adoption of resolutions of appreciation upon the retirement of: HOM READ NAMES OF EMPLOYEES RECEIVING RESO OF APPRECIATION INTO RECORD (a) Eudora J. Altice, Finance R-122199-10.1 HOM TO APPROVE, URC (b) Thomas R. Brown, II, Police R-122199-10.m HOM TO APPROVE, URC (c) Debbie L. Hogan, Police R-122199-10. n HOM TO APPROVE, URC (d) Kenneth L. Hogan, Parks and Recreation R-122199-10.0 HOM TO APPROVE, URC (e) Thomas L. Marshall, Fire and Rescue R-122199-10.p HOM TO APPROVE, URC (f) Woodrow "Buddy" Swisher, Police R-122199-10.g HOM TO APPROVE, URC 11. Request for support of Salem/Roanoke County Chamber of Commerce submission of an ISTEA transportation enhancement program application for the Carriage House in Longwood Park. R-122199-10.r K. REQUESTS FOR PUBLIC HEARINGS NONE M. CITIZENS' COMMENTS AND COMMUNICATIONS NONE N. REPORTS BLJ MOTION TO RECEIVE AND FILE U RC 1. General Fund Unappropriated Balance 2. Capital Fund Unappropriated Balance 3. Board Contingency Fund 4. Future School Capital Reserve 5. Statement of the Treasurer's Accountability per Investments and Portfolio Policy as of November 30, 1999 6. Revenues and Expenses for the five month period ended November 30, 1999 7. Accounts Paid -November 1999 O. WORK SESSIONS (4TH FLOOR CONFERENCE ROOM) 1. Work Session on roll-back tax liability on separated or split-off real estate in the use value real estate assessment program. (Paul Mahoney, County Attorney) s WORK SESSION: 4:05 UNTIL 5:25 P.M. PRESENTED BY PAUL MAHONEY, JOHN BIRCKHEAD TWO CITIZENS SPOKE: ROGER SMITH AND LOUISE GARMAN CONSENSUS TO HAVE ANOTHER WORK SESSION ON 1/25/2000 JPM SUGGESTIONS FOR WORK SESSION; (1) EXPLORE PMM'S OPTION 3, REQUEST ADM OPINION FROM DEPT OF TAXATION OR LEGAL OPINION FROM ATTOR GEN (2) DETERMINE BY DEED BOOK, PARCEL, NAMES OF THOSE AFFECTED BY CHANGE AND HOW MUCH. (31 REASON WHY STATE LAW IS IN PLACE; AND (41 DISCUSS LAND USE PHILOSOPHY P. CLOSED MEETING pursuant to Code of Virginia Section 2.1-344 A (5) discussion concerning prospective businesses or industries where no previous announcement has been made. BLJ MOTION TO GO INTO CLOSED SESSION AT 4:05 P.M. URC EVENING SESSION (7:00 P.M.) Q. CERTIFICATION RESOLUTION R-122199-11 AT 7:04 P.M. BLJ MOTION TO RETURN TO OPEN SESSION AND ADOPT RESO URC CLOSED SESSION HELD 5:30 P.M. UNTIL 6:15 P.M. R. NEW BUSINESS 1. Request for approval of the Park Master Plan for the 8-acre "AMP" site in North Roanoke. (Pete Haislip, Parks and Recreation Director) A-122199-12 BLJ MOTION TO APPROVE URC -FOUR CITIZENS SPOKE -BLJ SUGGESTED THAT PARK SHUT DOWN AT 10 P.M. INSTEAD OF 11 P.M. 9 -HCN SUGGESTED NAMING PARK FOR MAY JOHNSON S. PUBLIC HEARING AND SECOND READING OF ORDINANCES THE FOLLOWING PUBLIC HEARING HAS BEEN CONTINUED BY THE PLANNING COMMISSION TO FEBRUARY. Second reading of ordinance to obtain a Special Use Permit to construct a religious assembly and day care facility, located at 5188 Stable Road, Cave Spring Magisterial District, upon the petition of Evangel Foursquare Church. 1. Second reading of ordinance to amend conditions on a Planned Residential Development consisting of 302 acres, located north and south of the Blue Ridge Parkway at milepost 125, Cave Spring Magisterial District, upon the petition of Boone, Boone & Loeb Inc. (Terry Harrington, County Planner) 0-122199-13 HOM MOTION TO ADOPT ORD URC 2. Second 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) 0-122199-14 BLJ MOTION TO ADOPT ORD URC T. CITIZENS' COMMENTS AND COMMUNICATIONS PETER MULLEN, 1725 MILLBRIDGE ROAD, SALEM ASKED RESO BE ADDED TO AGENDA BOARD HAD NO OBJECTION R-122199-15 RESOLUTION CALLING FOR INCREASED RIVER SAFETY, RESPONSIBILITY AND AWARENESS AMONG COMMUNITIES ALONG VIRGINIA INTERSTATE 81 DURING 1999 HOLIDAY SEASON AND so THROUGH 2000 FFH MOTION TO APPROVE RESO URC U. REPORTS AND INQUIRIES OF BOARD MEMBERS Supervisor McNamara: ~1 Thanked Windsor Hills residents and Roanoke County residents for their support, and wished everyone safe and joyous season. Advised that he approved of resolution for safety on I-81 but did not want County funds expended calling other localities. Supervisor Minnix: (11 Wished Roanoke County residents Happy Holidays. (2) Advised that new business opened, Gary Hite, Design Surfacing, and welcomed into the County. Supervisor Harrison: (1) Advised citizens that work being done at Green Hill Park will result in paved parking area, two soccer fields and pavilion moved across the road. ~) Advised Arnold Covey that R&L Truckers already have equipment and are using the facility with temporary permit. Urged staff to get road improvements at intersection of Daugherty and 460 completed. (31 Advised that he received petition from North Beverlx Heights citizens requesting soundproofing from interstate as in place in Christiansburg and Southgate in Salem. Supervisor Nickens: (1) Advised that Supervisor Harrison has been a very compatible office mate and expressed appreciation for his efforts in making contributions to all of Roanoke County. (2) Asked for status at a later time of park access funding for development of road in and out of Vinyard Park. (3) Advised that County has asked a Judge to deal with violations by Rising Star Sports Camp and that he would be willing to be part of any hearings if appropriate. (4) Advised that he expressed concern to ECH and Board members about paying a consultant's fee for Board Retreat in January and at first declined to participate. He has reconsidered but still thinks it is an inappropriate use of tax dollars and not necessary to use consultant to set priorities. (51 Asked that ECH get staff to oil the board room door so that "A Board" member could enter without door squeaking_ Supervisor Johnson: ~) Advised that this is the last meeting of the century; that it has been 162 continuous years of County Service: and that investiture was recently held. Expressed appreciation to ECH, staff and Board for exemplary job during hard times. Advised that County is Y2K ready. Wished everyone Happy Holidays. 11 V. ADJOURNMENT AT 8:00 P.M. BLJ DECLARED THE MEETING ADJOURNED TO THE ORGANIZATION MEETING ON MONDAY, JANUARY 3, 2000 AT 9 A.M. 12 ,~~~~,~ ~ ROAN ,~.~ +~ A z ° ~ ti a2 ~~~~~ ~~ ~~~~ ~ 1 38 ROANOKE COUNTY BOARD OF SUPERVISORS AGENDA DECEMBER 21, 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 FOR THIS MEETING ONLY will be rebroadcast on Wednesday December 22 at 7 p.m. Individuals with disabilities who require assistance or special arrangement in order to participate in or attend Board of Supervisors meetings or other programs and activities sponsored by Roanoke County, please contact the Clerk to the Board at (540) 772-2005. We request that you provide at least 48-hours notice so that proper arrangements may be made. A. OPENING CEREMONIES (3:00 P.M.) 1. Roll Call 2. Invocation: The Rev. James W. Reynolds, Retired United Methodist Church 3. Pledge of Allegiance to the United States Flag B. REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF AGENDA ITEMS C. PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND AWARDS 1. Resolution of Appreciation to Fenton F. "Spike" Harrison, Jr., for his service on the Roanoke County Board of Supervisors. D. BRIEFINGS 1 ® Recyded Paper 1. Annual Briefing by the Blue Ridge Community Services Board of Directors. (Rita Gliniecki, Roanoke County Board member) E. NEW BUSINESS 1. Request for $15,410 additional funding for the February 29, 2000 Presidential Primary Election. (Diane St. John, Registrar) 2. Request to appropriate funding for the Loch Haven Phase II water line extension. (Gary Robertson, Utility Director) 3. Request for reimbursement in the amount of $20,617.85 for overtime expenses incurred during the Fort Lewis Mountain fire. (Rick Burch, Fire and Rescue Chief) 4. Resolution authorizing and approving the filing of a request seeking relief from the Preclearance Provisions of the Voting Rights Act. (Paul Mahoney, County Attorney) 5. Approval of settlement of Casey Condemnation, and appropriation of funds. (Paul Mahoney, County Attorney) F. REQUEST FOR PUBLIC HEARINGS AND FIRST READING OF REZONING ORDINANCES -CONSENT AGENDA: Approval of these items does not indicate support for, or judge the merits of, the requested zoning acfions but satisfies procedural requirements and schedules the Public Hearings which will be held after recommendation by the Planning Commission. G. FIRST READING OF ORDINANCES 1. First reading of ordinance extending the current franchise agreement with Adelphia (Salem) Cable for 90 days and request for appointment to negotiating committee to negotiate a new agreement. (Joseph B. Obenshain, Sr. Assistant County Attorney) 2. First reading of ordinance to authorize acquisition of sanitary sewer easement on property owned by Jorge E. Parrott in connection with the sanitary sewer project for the Roanoke County Center for Research and Technology. (Gary Robertson, 2 Utility Director) H. SECOND READING OF ORDINANCES 1. Second 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. Second 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. Second 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) I. APPOINTMENTS 1. Commission for Senior and Challenged Citizens 2. Highway and Transportation Safety Commission 3. League of Older Americans -Advisory Council 4. Library Board 5. 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. Ratification of the at-large member of the Blue Ridge Community Services Board of Directors. 3 2. Request for acceptance of Smoke Rise Court, Delmar Lane and a portion of Cedarmeade Drive into the Virginia Department of Transportation Secondary System. 3. Donation of a Storage Tank Lot and related access easement shown on Plat of "Hidden Woods" of Fairway Forest Estates, Section 4, from FFE Development Corporation. 4. Formal approval of plan documents for the County Flexible Benefits ("Beneflex") Plan. 5. Donation of a 30' public access trait and greenway easement across a 5.86 acre parcel of land by David G. Sult and Melanie R. Sult. 6. Adjustment to the appropriation of School Phase I budget surplus. 7. Request for acceptance of Carelton Drive, Ripley Street and a portion of Innsbrooke Drive into the Virginia Department of Transportation Secondary System. 8. Acceptance of Department of Motor Vehicles mini-grants for the following: (a) Child Safety Seats (b) Upgrading the radar unit in the speed monitoring trailer (c) Passive Alco-Sensors 9. Donation of a storm drainage easement on property owned by Jean B. Patterson and Laverne Jack Dempsey and Helen R. Dempsey in the Vinton Magisterial District. 10. Adoption of resolutions of appreciation upon the retirement of: (a) Eudora J. Altice, Finance (b) Thomas R. Brown, II, Police (c) Debbie L. Hogan, Police (d) Kenneth L. Hogan, Parks and Recreation (e) Thomas L. Marshall, Fire and Rescue (f) Woodrow "Buddy" Swisher, Police 11. Request for support of Salem/Roanoke County Chamber of Commerce submission of an ISTEA transportation enhancement program application for the Carriage House in 4 Longwood Park. K. REQUESTS FOR PUBLIC HEARINGS M. CITIZENS' COMMENTS AND COMMUNICATIONS N. REPORTS 1. General Fund Unappropriated Balance 2. Capital Fund Unappropriated Balance 3. Board Contingency Fund 4. Future School Capital Reserve 5. Statement of the Treasurer's Accountability per Investments and Portfolio Policy as of November 30, 1999 6. Revenues and Expenses for the five month period ended November 30, 1999 7. Accounts Paid -November 1999 O. WORK SESSIONS (4TH FLOOR CONFERENCE ROOM) 1. Work Session on roll-back tax liability on separated or split-off real estate in the use value real estate assessment program. (Paul Mahoney, County Attorney) P. CLOSED MEETING pursuant to Code of Virginia Section 2.1-344 A (5) discussion concerning a prospective business or industry where no previous announcement has been made. EVENING SESSION (7:00 P.M.1 Q. CERTIFICATION RESOLUTION R. NEW BUSINESS 5 1. Request for approval of the Park Master Plan for the 8-acre "AMP" site in North Roanoke. (Pete Haislip, Parks and Recreation Director) S. PUBLIC HEARING AND SECOND READING OF ORDINANCES THE FOLLOWING PUBLIC HEARING HAS BEEN CONTINUED BY THE PLANNING COMMISSION TO FEBRUARY. Second reading of ordinance to obtain a Special Use Permit to construct a religious assembly and day care facility, located at 5188 Stable Road, Cave Spring Magisterial District, upon the petition of Evangel Foursquare Church. 1. Second reading of ordinance to amend conditions on a Planned Residential Development consisting of 302 acres, located north and south of the Blue Ridge Parkway at milepost 125, Cave Spring Magisterial District, upon the petition of Boone, Boone & Loeb Inc. (Terry Harrington, County Planner) 2. Second 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) T. CITIZENS' COMMENTS AND COMMUNICATIONS U. REPORTS AND INQUIRIES OF BOARD MEMBERS V. ADJOURNMENT 6 i ". AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, DECEMBER 21, 1999 RESOLUTION 122199-1 OF APPRECIATION TO FENTON F. "SPIKE" HARRISON, Jr. FOR HIS SERVICES AS A MEMBER OF THE BOARD OF SUPERVISORS FROM 1996 TO 1999 WHEREAS, Fenton F. Harrison, Jr. was first elected to the Board of Supervisors of Roanoke County from the Catawba Magisterial District in November 1995, serving from January 1, 1996 to December 31, 1999. WHEREAS, Supervisor Harrison served the County of Roanoke tirelessly and selflessly for a period of four years, devoting many hours to the business of Roanoke County as a member of the Board of Supervisors, and WHEREAS, during his term, Supervisor Harrison served with distinction on the Fifth Planning District Commission, the Fifth PDC Metropolitan Planning Organization, and the Roanoke County Cable Television Committee; and WHEREAS, Supervisor Harrison has also served as a member of the Community Advisory Committee that assisted with the planning and development of the Roanoke County Centerfor Research & Technology, established a temporary committee of Catawba Magisterial District civic league presidents to deal with issues of concern in that community; and strongly supported the expanded widening of Route 11/460 in West Roanoke County; and WHEREAS, during Supervisor Harrison's term, the construction of the Phase I School projects began, the Fort Lewis Fire Station was expanded, and new several economic development prospects were located in his district. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke 1 r County, Virginia, on behalf of all its citizens, does hereby extend its gratitude and appreciation to Fenton F. "Spike" Harrison, Jr. for his many significant contributions to the County as a member of the Board of Supervisors; and FURTHER, the Board of Supervisors wishes Mr. Harrison continued success in his future endeavors. On motion of Supervisor Nickens to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Nickens, Johnson NAYS: None ABSTAIN: Supervisor Harrison A COPY TESTE: Brenda J. Holt , CMC Deputy Clerk to the Board of Supervisors cc: File Resolutions of Appreciation File Joseph Sgroi, Director, Human Resources 2 C-I AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, DECEMBER 21, 1999 RESOLUTION OF APPRECIATION TO FENTON F. "SPIKE" HARRISON, Jr. FOR HIS SERVICES AS A MEMBER OF THE BOARD OF SUPERVISORS FROM 1996 TO 1999 WHEREAS, Fenton F. Harrison, Jr. was first elected to the Board of Supervisors of Roanoke County from the Catawba Magisterial District in November 1995, serving from January 1, 1996 to December 31, 1999. WHEREAS, Supervisor Harrison served the County of Roanoke tirelessly and selflessly for a period of four years, devoting many hours to the business of Roanoke County as a member of the Board of Supervisors, and WHEREAS, during his term, Supervisor Harrison served with distinction on the Fifth Planning District Commission, the Fifth PDC Metropolitan Planning Organization, and the Roanoke County Cable Television Committee; and WHEREAS, Supervisor Harrison has also served as a member of the Community Advisory Committee that assisted with the planning and development of the Roanoke County Center for Research & Technology, established a temporary committee of Catawba Magisterial District civic league presidents to deal with issues of concern in that community; and strongly supported the expanded widening of Route 11/460 in West Roanoke County; and WHEREAS, during Supervisor Harrison's term, the construction of the Phase I School projects began, the Fort Lewis Fire Station was expanded, and new several economic development prospects were located in his district. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County, Virginia, on behalf of all its citizens, does hereby extend its gratitude and appreciation 1 i ~ , ~_i to Fenton F. "Spike" Harrison, Jr. for his many significant contributions to the County as a member of the Board of Supervisors; and FURTHER, the Board of Supervisors wishes Mr. Harrison continued success in his future endeavors. 2 ACTION NO. ITEM NUMBER AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: December 21, 1999 AGENDA ITEM: Annual Report from the Blue Ridge Community Services Board of Directors COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The Blue Ridge Community Services Board of Directors has requested time on this agenda to give a brief report about the services provided to the residents of Roanoke County in 1999. Board member Rita Gliniecki will be presenting the report. She wilt be accompanied by S. James Sikkema, incoming Executive Director and Thomas Chapman, Director of Administration. Sub ' ted by: Elmer C. Hodge County Administrator --------------------------------------------------------------------------------------------------------------------- ACTION VOTE No. Yes Abs Approved () Motion by: Harrison _ Denied () Johnson _ _ _ Received () McNamara- Referred () Minnix _ _ _ To () Nickens _ _. _ BLUE RIDGE COMMUNITY SERVICES MI-SSIIJ~V STATEIV~~IV?' The mission of Blue Ridge Community Services is to support and promote the health, independence and self-worth of individuals and families impacted by mental illness, mental retardation and substance abuse by providing quality community based services that are responsive to individual needs. MENTAL HEALTH SERVICES ____ MISSIUN STATEMENT The Division of Mental Health Services provides treatment and support for adults with serious mental illness, and children and :adolescents with' serious emotional disturbances and their families, with an emphasis ors fostering improved .social functioning and independence. CHILD AND ADOLESCENT ~C/A) SERVICES Outpatient Services 1125 First Street, SW, Roanoke In-Home & Case Management Services 1336 Maple Avenue, SW, Roanoke Children's Day Treatment 422 Elm Avenue, SW, Roanoke ADiILT SERVICES _ ~~ Crisis Services Sexual Assault Response and Awareness (SARA) 424 Elm Avenue, SW, Roanoke Program of Assertive Community Treatment (PACT) 1313 Maple Avenue, SW, Roanoke Psychiatric Services Community Resource Management Street Team 410 Elm Avenue, SW, Roanoke Patterson Counseling Center 1729 Patterson Avenue, SW, Roanoke Deaf Services 301 Elm Avenue, SW, Roanoke Mountain House Clubhouse Church Social Clubs 317 Washington Avenue, SW, Roanoke Contractual Programs Roanoke County department of Parks and Recreation TRUST MENTAL RETARDATION SERVICES MISSION STATEMENT The Division of Mental Retardation Services provides comprehensive community support services to persons with mental retardation and their families, with an emphasis on promoting an environment which enhances independence and growth. Counseling and Life Skills Center Crisis Services Family Support Program Respite Services: Short-Term Care Community Training Services Bridge Builders Program 1315 Second Street, SW, Suite 201, Roanoke RESIDENTIAL SERVICES Hazelridge Road 5220 Hazelridge Road, NW, Roanoke Melrose Avenue Residence/Crisis Stabilization 3605 Melrose Avenue, NW, Roanoke Niagara Road Residence 805 Niagara Road, Vinton Read Road Adult Home/Residential Respite Facility 3003 Hollins Road, NE, Roanoke Supported Living 1325 3rd Street, SW, Roanoke CON'TRACTiIAL SERVICES 11 ARC-Roanoke/CHD Industries Goodwill Industries Tinker Mountain, Inc. Easter Seal Society of Virginia, Inc. Roanoke County Department of Parks and Recreation SUBSTANCE ABUSE SERVICES MISSION STATEMENT The Division of Substance Abuse Services provides a full continuum of alcohol and other drug prevention, treatment, rehabilitation, early ,intervention and support services,. with emphasis on reducing substance abuse in our communites.- Substance Abuse Assessment Center 1133 Second Street, SW, Roanoke Shenandoah Recovery Center 801 Shenandoah Avenue, NW, Roanoke Hegira House (Therapeutic Community/Drug & Alcohol) 1405 Patterson Avenue, SW, Roanoke Jail Treatment Services Roanoke City, Roanoke County /Salem and Botetourt County Jails New Directions (Outpatient Counseling Center) 1345 Clark Avenue, SW, Roanoke Prevention Plus (Substance Abuse Prevention and Early Intervention) 541 Luck Avenue, SW, Suite 230, Roanoke Project Link 19 Highland Avenue, SW, Roanoke PHASES (Day Treatment, Intensive Outpatient, Relapse Prevention and Aftercare) 836 Campbell Avenue, SW, Roanoke Substance Abuse Support Services 836 Campbell Avenue, SW, Roanoke Contractual Programs Bethany Hall BLUE RIDGE COMMUNITY SERVICES PROGRAM HIGHLIGHTS - ROANOKE COUNTY JULY 1, 1998-JUNE 30, 1999 cp COUNTY RESIDENTS RECEIVED $20.51 DOLLARS WORTH OF SERVICES FOR EACH ROANOKE COUNTY TAX DOLLAR ALLOCATED TO BLUE RIDGE COMMUNITY SERVICES. MENTAL HEALTH cp THE DIRECTOR OF CHILD AND ADOLESCENT SERVICES SUPERVISED THE COORDINATOR FOR FAMILY ASSESSMENT AND PLANNING TEAMS (FAPT'S), PROVIDING CLINICAL AND INTERAGENCY MANAGEMENT EXPERTISE TO THAT PROGRAM. cp THE CLINICAL SUPERVISOR FOR CHILDREN'S DAY TREATMENT PROVIDED INPUT TO THE PLANNING FOR SCHOOL-BASED DAY TREATMENT SERVICES AND HIRED STAFF TO BEGIN THE SUMMER PROGRAM THAT WAS HELD AT NORTHSIDE JUNIOR HIGH SCHOOL. cp THE PROGRAM FOR ASSERTIVE COMMUNITY TREATMENT IS A NEWLY FUNDED PROGRAM DEVELOPED TO SERVE ADULTS WITH SERIOUS MENTAL ILLNESS WHO HAVE DIFFICULTY ACCESSING TRADITIONAL SERVICE PROGRAMS. CLIENTS RECEIVE INTENSIVE DAILY CONTACT AND ARE ELIGIBLE FOR SERVICES FOR LIFE IF NECESSARY. PACT PROVIDES FULL WRAP- AROUND SERVICES INCLUDING, BUT NOT LIMITED TO, CASE MANAGEMENT, COUNSELING, SOCIAL INTEGRATION, PSYCHIATRIC EVALUATION AND MEDICATION MANAGEMENT, VOCATIONAL REHABILITATION AND SUBSTANCE ABUSE TREATMENT. cp SPECIAL HOUSING MONEY FROM THE DEPARTMENT OF MENTAL HEALTH, MENTAL RETARDATION AND SUBSTANCE ABUSE SERVICES HAS ALLOWED THE ADULT SERVICE STAFF TO HELP CONSUMERS FIND BETTER INDEPENDENT HOUSING SITES. BY UNDERWRITING THE RENTAL AND SOME UTILITY COSTS, LANDLORDS ARE INSURED THAT THEY HAVE THEIR MONEY, WHILE RENTING TO AN INDIVIDUAL WITH ADEQUATE SOCIAL SUPPORTS TO BE AN ASSET TO THE COMMUNITY. MENTAL RETARDAT/ON cp WITH THE SUPPORT OF THE GENERAL ASSEMBLY, ADVOCATES, AND CONSUMERS, A SIGNIFICANT INCREASE IN FUNDING WAS MADE AVAILABLE FOR INDIVIDUALS WITH MENTAL RETARDATION ON WAITING LISTS FOR FY 2000. EACH OF THE 40 COMMUNITY SERVICES BOARDS SUBMITTED A LIST OF PEOPLE WHO DEMONSTRATED LONGSTANDING NEEDS FOR SUPPORT AND THE DEPARTMENT OF MENTAL HEALTH, MENTAL RETARDATION AND SUBSTANCE ABUSE SERVICES HAS ESTABLISHED A "MATCH CREDIT" AVAILABLE FOR EACH BOARD. THE MATCH CREDIT AVAILABLE TO BRCS IS $684,261, WHICH EQUATES TO $1,415,224 WORTH OF MEDICAID SERVICES. BRCS WILL USE THESE FUNDS TO EXPAND SERVICE DELIVERY TO APPROXIMATELY 50 CONSUMERS AND THEIR FAMILIES. cp OUR COMMITMENT TO DEVELOP AND MAINTAIN ALTERNATIVE COMMUNITY RESIDENTIAL SUPPORTS WAS ENHANCED THIS YEAR WHEN THREE CONSUMERS MOVED INTO AN APARTMENT ON LAKE DRIVE. SMALLER CAPACITY RESIDENTIAL PLACEMENTS WHICH ALLOW INCREASED INDEPENDENCE FOR CONSUMERS HAVE BECOME MORE AFFORDABLE WITH MEDICAID WAIVER FUNDING FOR INDIVIDUALIZED COMMUNITY SUPPORTS. THE FY 2000 SERVICE EXPANSION ALLOCATION WILL PROVIDE MORE INTEGRATED RESIDENTIAL SUPPORT OPTIONS THROUGHOUT THE VALLEY. SUBST.4NCEABUSE cp PROJECT LINK HAS ESTABLISHED A 14 HOUR/WEEK DAY TREATMENT PROGRAM FOR SUBSTANCE ABUSING PREGNANT AND POST-PARTUM WOMEN, AND INCLUDES ON-SITE CHILD CARE DURING TREATMENT HOURS. TWO ROANOKE COUNTY RESIDENTS HAVE PARTICIPATED, AND BOTH DELIVERED HEALTHY BABIES. BLUE RIDGE COMMUNITY SERVICES DIRECTLY FUNDED PROGRAMS FY-99 PERFORMANCE REPORT ROANOKE COUNTY Services Outpatient Counseluzg Intensive In-Home Services Case Management Children's Day Treatment Mountain House Clubhouse Alternative Day Support Residential MH SUBTOTAL Case Manager. Sheltered Eml Rehabilitation Supported Err. •..,~~~uN~~~a«~ ,.~:i~Client Count ~ Number of b Service Units MENTAL HEALTH 185 469 196 944 12 887 35 234 11 1,989 20 444 88 280 547 MENTAL RETARDATION t 138 1,467 ment 9 654 28 4,342 ent 9 418 Hi hl Intensive Residential Intensive Residential Su ervised Residential Su ortive Residential Famil Su ort MR SUBTOTAL 6 2,555 8 1,793 4 1,142 53 5,274 41 ~ 41 296 Units of- SH SH SH SH DSH DSH SH BD SH D DSH SH BD BD BD SH F SU BSTANCE ABU SE 112 1,801 SH 58 353 SH 23 7,816 DSH 18 97 BD 20 528 BD 231 1,074 ~ " PREVENTION Outpatient Services Case Management Day Treatment Highly Intensive Residential Intensive Residential SA SUBTOTAL TREATMENT SUBTOTALS MH Prevention Services SA Prevention Plus PREVENTION SUBTOTALS TOTAL FY-99 LOCAL SHARE SERVICE/LOCAL DOLLAR Contacts `Number of Units Un'ds of 'Service 112 1,632 SH 1,108 919 SH 1,220 ~:~~> 2,294 ~ ~ ` .~ Services $17,801 75,947 39,742 15,895 35,705 6,155 42,158 233,403 $89,841 7,659 45,829 30,617 448,026 188,143 94,233 97,763 33,024 $1,035,135 $98,377 16,576 44,019 20,818 46,192 $225,982 1,494,520 $67,994 64,937 $132 ,931 1,627,451 $79,332 $20.51 Units of Service: SH=Service Hours Lari=lJdy .7uyYvi i n~ui ~ ,..-,mac.,, BD=Bed Days F=Families A-122199-2 ACTION NO. ITEM NUMBER "" AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: December 21, 1999 AGENDA ITEM: Request for additional funding for the February 29, 2000 Presidential Primary Election. COUNTY ADMINISTRATOR'S COMMENTS: BACKGROUND: The cost for this election was not included in the 1999-2000 budget due to the fact that the Republican Party did not call for this primary until July 15, 1999. SUMMARY OF INFORMATION: Estimated cost for this election as follows: Election Officials (641000-1020) $13,000 Ballots -Machine & Paper (641000-3530) 500 Rent of Trucks to move machines (641000-5410) 800 Set up of Machines & Election Day Service (641000-3013) 900 Rent of Voting Places (641000-5430) 210 Total $15,410 FISCAL IMPACT: Funds are requested from the Board Contingency funds. Y r STAFF RECOMMENDATION: Staff recommends approval of additional funds in the amount of $15,410.00 from the Board Contingency funds. Submitted by, Diane St.John General Registrar ACTION Approved (x) Denied ( ) Received ( ) Referred ( ) To ( ) Approved by, ~`~~ Elmer C. Hodge County Administrator Motion by: H Odell Minnix to approve staff recommendation cc: File Diane St. John, Registrar Diane D. Hyatt, Director, Finance Brent Robertson, Budget Manager VOTE No Yes Abs Johnson _. x Harrison _ x McNamara- x Minnix _ x _ Nickens _ x 1 A-122199-3 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 21, 1999 SUBJECT: Request to Appropriate Funding for the Loch Haven Phase II Water Line Extension COUNTY ADMINISTRATOR'S COMMENTS: / ~~~~,~ BACKGROUND: The Roanoke County Utility Department capital improvement program includes $2,470,000 for installation of future sections of the north transmission line. This construction is scheduled between the years 1999 and 2004. The 1999-2000 budget funded $850,000 of this amount for the section of line between Dow Hollow Road and RCCRT. In July, 1999 the Board approved construction of Loch Haven Phase I at a cost of $370,000. The section of line along Dow Hollow Road is under construction and scheduled for completion in early spring 2000 and Loch Haven Phase I was completed in the summer of 1999. SUMMARY OF INFORMATION: Roanoke County and Roanoke City entered into a new water agreement dated September 30, 1999. One of the provisions in the agreement allows Roanoke City to purchase up to 4 MGD of water from Roanoke County when needed and to allow each party to share capacity in water lines of the other party. Roanoke City and Roanoke County further agree to work together to maximize interconnections between the two water systems. The two parties are to agree on a construction plan and allocations no later than December 31, 1999 with construction in place by July 1, 2000. To date Roanoke County and Roanoke City have made interconnections to our systems at Grandin Road, Colonial Avenue, Ogden Road, Challenger Avenue, Peters Creek at Valleypointe, and Peters Creek at North Lakes. These interconnections have allowed the County to provide approximately 4.35 MGD to Roanoke City; however, the County uses approximately 1.0 MGD of water from the City in the Hollins area resulting in a net of about 3.25 MGD. In order to meet the 4.0 MGD capacity from the agreement, additional line capacity in the amount of .75 MGD is still required. C'"v~ 1 The staffs from the two localities have studied various options for providing the additional .75 MGD water to Roanoke City and have agreed that the Loch Haven Phase II (see attached map) water line is the best option for the following reasons: (1) The project is already included in Roanoke County's CIP Program for the year 2004. (2) By increasing the proposed line size from 12-inch to 16-inch diameter pipe, capacity will be available for Roanoke County citizens in the Williamson and Plantation Road areas and to provide the additional .75 MGD water to Roanoke City. (3) This project will provide a major direct interconnection between Spring Hollow and the Carvins Cove water treatment facilities. The cost estimate for this project is $650,000 with each locality paying 50% of the cost. It is being proposed that Roanoke County provide all design work, materials, and highway permits at an estimated cost of $325,000. Roanoke City will perform the actual installation with a City Utility Line Services Department crew. If approved, work is expected to commence in early February and be completed within 60 days. FISCAL IMPACT: Roanoke County and Roanoke City will share the $650,000 construction cost on a 50-50 basis. Roanoke County's share will be $325,000. Funds are available in the Water Fund Unappropriated Balance. RECOMMENDATION: Staff feels that not only does this proposal meet the intent of the joint water agreement, but it is beneficial to both parties and is an excellent example of regional cooperation. Staff recommends approval of the project and an appropriation of $325,000 from the Water Fund Unappropriated Balance. APPROVED: Elmer C. Hodge County Administrator ACTION Approved (x) Denied ( ) Received ( ) Referred ( ) To ( ) Motion by: Bob L. Johnson to approve Johnson staff recommendation Harrison VOTE No Yes Abs x x McNamara- x _ Minnix x Nickens x cc: File Gary Robertson, Director, Utility Diane D. Hyatt, Director, Finance Utility llirector ~~ ,~ ACTION NO. ITEM NUMBER ~"` A-122199-4 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: December 21, 1999 AGENDA ITEM: Request for appropriation of $20,617.85 in replacement funds for overtime incurred during the Ft. Lewis Mountain Fire by the Fire and Rescue Department from the Board Contingency Fund COUNTY ADMINISTRATOR'S COMMENTS: 49~~~~ G~~ SUMMARY OF INFORMATION: Roanoke County Fire and Rescue incurred overtime expenses of $20,617.85 while fighting the brush fire on Ft. Lewis Mountain during the week of November 15, 1999. This amount represents 16.8 % of the Fire and Rescue Department's budget for overtime. Typically, overtime is paid in responding to fire and rescue situations which overlap the normal quitting time of our employees or in instances where we must call staff back to duty to handle emergencies. FISCAL IMPACT: Fire and Rescue would like to request the Board's assistance by appropriating replacement funds to Fire and Rescue's overtime budget from the Board Contingency Fund in the amount of $20,617.85. STAFF RECOMMENDATION: Staff recommends appropriating $20,617.85 from the Board Contingency Fund to Fire and Rescue's overtime budget. Respectfully submitted, Richard E. Burch, Jr. Chief, Fire and Rescue Approved by, ~~"'' Elmer C. odge County Administrator --------------------- ----------------------------------------------------------- ACTION ------------------------ VOTE No Yes Abs Approved (x) Motion by: Harry C Nickens to approve Johnson _ x Denied () staff recommendation Harrison - x Received () McNamara- x Referred () Minnix _ x To () Nickens _ x cc: File Richard E. Burch, Chief, Fire & Rescue Diane D. Hyatt, Director, Finance .. c~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, DECEMBER 21, 1999 RESOLUTION 122199-5 AUTHORIZING AND APPROVING THE FILING OF A REQUEST SEEKING RELIEF FROM THE PRECLEARANCE PROVISIONS OF THE VOTING RIGHTS ACT WHEREAS, the Voting Rights Act was enacted by Congress in 1965 to rid the Nation of racial discrimination in the voting process, and Section 5 of this Act requires covered jurisdictions to submit any voting change for approval either to the Department of Justice or to a special court in Washington, D.C.; and, WHEREAS, Congress amended this Actin 1982 to allow jurisdictions to seek relief from the preclearance provisions in order to provide incentives to state and local governments to bring about racial equality of opportunity in the political process; and, WHEREAS, the criteria for relief from the preclearance provisions are linked to the actual record of compliance with the Voting Rights Act within the County over the past 10 years, and that Roanoke County has complied with all of the procedural and substantive requirements of the Act; and, WHEREAS, relief from the preclearance provisions will result in significant cost savings through elimination of administrative costs and burdens associated with preclearance submissions for each and every voting change. NOW THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia: 1. That the County Attorney with the assistance of outside counsel and the Registrar are hereby authorized to take such actions as may be necessary to seek relief 1 from the preclearance provisions of the Voting Rights Act, and that such actions are hereby approved. 2. That this resolution shall be effective from and after the date of its adoption. On motion of Supervisor Nickens to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None A COPY TESTE: Brenda J. Ho on, CMC Deputy Clerk to the Board of Supervisors cc: File Paul M. Mahoney, County Attorney Diane St. John, Registrar 2 ACTION NO. ITEM NO. ~"` AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: December 21, 1999 AGENDA ITEM: Resolution Authorizing and Approving the Filing of a Request Seeking Relief from the Preclearance Provisions of the Voting Rights Act COUNTY ADMINISTRATOR'S COMMENTS: Lo~ SUMMARY OF INFORMATION: The Voting Rights Act (the "Act") was enacted by Congress in 1965 to rid the Nation of racial discrimination in the voting process. The Act has achieved remarkable results and is considered to be the most effective civil rights legislation ever enacted by Congress. Despite impressive progress in minority voter registration and the number of black officeholders in the Commonwealth, all local governments in Virginia, as well as the State government, continue to be subject to "preclearance" procedures under the Act. In addition to Virginia sixteen other states or parts of states are subject to the preclearance requirements. Jurisdictions subject to preclearance must submit any voting change, no matter how minor, for approval either to the Justice Department or to a special court in Washington, D.C. Any change that affects voting must be submitted to the federal government for approval. The changes to voting in Roanoke County include not only major changes, for example, redistrictings based upon the decennial census, but also minor changes, such as changes in polling places, precinct boundary changes, and requests for additional voter registration opportunities. These preclearance requirements require a significant financial cost and an administrative burden. In the 17 years since the 1982 amendments to the Act took effect, the County has made 257submissions to the federal government. Congress amended the Act in 1982 to allow jurisdictions to seek relief from the preclearance burden. This relief is known as "bailout," and was intended to be an incentive for state and local governments to bring about racial equality of opportunity in the political process. To obtain a bailout the state or local government must file a lawsuit before a three judge court in the District of Columbia. The jurisdiction must prove that for the last 10 years: U:\WPDOCS\AGENDA\GENERAL\bailout.rpt.frm 1 /' ~ ~' ~' • no test or device has been used to discriminate on account of race or color or membership in a language minority group; • no final judgment has been entered determining that there has been a denial of the right to vote; • Federal examiners (federal voting registrars) have not been assigned to this jurisdiction; • all voting-related changes have been submitted in a timely fashion for preclearance; and • That all preclearance submissions have been approved without objection. The County must also show that at the time of seeking bailout: voting procedures that inhibitor dilute equal access to the electoral process have been eliminated; constructive efforts have been made to eliminate any intimidation and harassment of voters; and constructive efforts have been made for convenient registration and voting, and for the appointment of minority persons as election officials. Roanoke County meets all of the first five criteria. The County has complied with all of the procedural and substantive nondiscrimination requirements under the Voting Rights Act. The second three criteria are more subjective, and required an assessment to the extent to which voting opportunities are equally available and the level of effective political participation attained by minority voters. The County's election system contains no dilutive devices and minority voting strength is in no way diluted under the current scheme. There is no evidence that any voters in Roanoke County have ever been harassed or intimidated. The County has expanded opportunities for persons to register and to vote. Members of minority groups have been appointed to work as poll officials at locations throughout the County. Simply put, voters in Roanoke County can register and vote without hindrance. The Board previously authorized the County Attorney to retain the professional legal services of J. Gerald Hebert, an attorney in Alexandria, Virginia (and formerly an attorney with the Department of Justice, Voting Rights Act Division) to assist the County in seeking relief from the preclearance provisions. He has assisted numerous localities in the Commonwealth of Virginia and around the country in similar proceedings. The County Attorney, the Registrar and outside counsel have reviewed the County's voting actions over the past decade, and we believe that the County has satisfied all of these criteria. The Registrar and outside counsel have met with representatives of our community to discuss this issue. We have met with representatives ofthe Justice Department, and they have reviewed our records. We have published notices in the Roanoke Times & World News, and posted notices in public places around the County, as well as on the County's website. A copy of this notice is attached. We are now prepared to recommend that the Board take the next step in this process: filing the lawsuit before a three judge court in the District of Columbia. U:\WPDOCS\AGENDA\GENERAL\bailout.rpt.frm 2 .~ ~~ FISCAL IMPACTS: Funds are available in the Board's litigation account to pay for these costs. STAFF RECOMMENDATION: Staffrecommends that the Board adopt the attached Resolution authorizing and approving the filing of a request to seek relief from the preclearance provisions of the Voting Rights Act. Respectfully submitted, ~' l/rY V ~ Paul M. Mahoney County Attorney Action Vote No Yes Abs Approved () Motion by Harrison Denied () Johnson Received () McNamara Referred O Minnix to Nickens U:\WPDOCS\AGENDA\GENERAL\bailout.rpt.frm 3 /.r r 7 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, DECEMBER 21, 1999 RESOLUTION AUTHORIZING AND APPROVING THE FILING OF A REQUEST SEEKING RELIEF FROM THE PRECLEARANCE PROVISIONS OF THE VOTING RIGHTS ACT WHEREAS, the Voting Rights Act was enacted by Congress in 1965 to rid the Nation of racial discrimination in the voting process, and Section 5 of this Act requires covered jurisdictions to submit any voting change for approval either to the Department of Justice or to a special court in Washington, D.C.; and, WHEREAS, Congress amended this Act in 1982 to allow jurisdictions to seek relief from the preclearance provisions in order to provide incentives to state and local governments to bring about racial equality of opportunity in the political process; and, WHEREAS, the criteria for relief from the preclearance provisions are linked to the actual record of compliance with the Voting Rights Act within the County over the past 10 years, and that Roanoke County has complied with all of the procedural and substantive requirements of the Act; and, WHEREAS, relief from the preclearance provisions will result in significant cost savings through elimination of administrative costs and burdens associated with preclearance submissions for each and every voting change. NOW THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia: 1. That the County Attorney with the assistance of outside counsel and the Registrar are hereby authorized to take such actions as may be necessary to seek relief from the preclearance provisions of the Voting Rights Act, and that such actions are hereby approved. 2. That this resolution shall be effective from and after the date of its adoption. G: W TTORNEY~PMM~AGENDA~BAILOUT. RES.wpd T' A-122199-6 ACTION NO. ITEM NO. ~"' AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: December 21, 1999 AGENDA ITEM: Approval of Settlement of Margaret Casey Eminent Domain Proceedings, and Appropriation of Funds Therefor COUNTY ADMINISTRATOR'S COMMENTS: G~~~-»~,~~ SUMMARY OF INFORMATION: The Board of Supervisors discussed this issue in closed meeting on December 7, 1999 with legal counsel and staff. In accordance with these discussion counsel has concluded negotiations with the representatives of Margaret E. Casey to settle this pending eminent domain proceeding. By Resolution dated July 27, 1993 the Board of Supervisors approved the taking by eminent domain of a tract of real estate located on Buck Mountain Rd. for purposes of the installation of a water pump station. A Certificate of Take was filed with the Circuit Court in February, 1995. There is a dispute with respect to certain procedural aspects of this litigation as well as the fair market value of this property. The County has conducted another independent fair marker value appraisal of this property, and this settlement is consistent with this appraisal, taking into consideration the passage of time and the County's use of this property for public purposes. The parties have agreed to settle this litigation. An appropriation of $17,150 is necessary to conclude this matter. FISCAL IMPACTS: Appropriation of $17,150 from Water Fund, Unappropriated Balance. STAFF RECOMMENDATION: It is recommended that the Board ratify and approve the settlement of this eminent domain proceeding, and appropriate the sum of $17,150 from the Water Fund, Unappropriated Balance. G:\ATTORNEY\PMM\Utility\casey.rpt.frm 1 Y Respectfully submitted, ~~ ~, Paul M. Mahoney County Attorney ACTION VOTE No Yes Abs Approved (x) Motion by: H. Odell Minnix to approve Johnson _ x Denied () staff recommendation Harrison _ x Received () McNamara- x Referred () Minnix _ x To () Nickens _ x cc: File Paul M. Mahoney, County Attorney Gary Robertson, Director, Utility Diane D. Hyatt, Director, Finance G:\ATTORNEY\PMM\Utility\casey.rpt.frm 2 f Item No. AT A REGULAR MEETING OF THE ROANOKE COUNTY, VIRGINIA BOARD OF SUPERVISORS, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, ROANOKE COUNTY, VIRGINIA MEETING DATE: December 21, 1999 AGENDA ITEM: First Reading of Ordinance Extending the Current Franchise Agreement with Adelphia (Salem) Cable for Ninety Days and Request for Appointment to Negotiating Committee to Negotiate a New Franchise Agreement. COUNTY ADMINISTRATOR'S COMMENTS: BACKGROUND: In 1994, the County entered into an extension of its franchise agreement with Adelphia (formerly known as Salem) Cable, in order to make the term coincide with Adelphia's agreement with the City of Salem. The franchise agreements both terminated this year, allowing Roanoke County and Salem to negotiate a new agreement together, as the County, the City of Roanoke and the Town of Vinton have done with Cox Communications. On September 28, 1999, the Board of Supervisors appointed a negotiating team to work with the County Attorney's office and the City of Salem in reaching a new franchise agreement. This negotiating team has met to discuss those issues which should be addressed in the new agreement, but neither the City of Salem nor Roanoke County has reached final agreement with Adelphia. Therefore, since the current agreement with the previous ninety day extension granted on September 28th is set to expire on January 2, 2000, an extension must be approved so that negotiations can be successfully completed. SUMMARY OF INFORMATION: The cable franchise in the Glenvar and Masons Cove area of Roanoke County was originally held by Salem Cable, which was owned by Booth Communications. Booth was purchased by the Adelphia system in April, 1997, and this Board approved a transfer of the franchise to Adelphia at that time. The Board of Supervisors has appointed a cable television committee to deal with franchise issues with Adelphia, and it was that committee which negotiated the extension in 1994. The committee as approved on September 28, 1999, consists of a representative from the Roanoke Valley Cable Television Committee (Dr. Harry Nickens), the supervisor from the Catawba district (Spike Hamson), a representative from the school system (Dr. Jane James), the staff person overseeing the cable television operations (Anne Marie Green) and a citizen representative (James Dickey). It is appropriate to designate the newly elected supervisor from the Catawba district, Butch Church, as a member of this negotiating team to replace Mr. Harrison. +.,~ ~'~ During the negotiations for the extension of the franchise, Booth provided a capital grant of $40,000 to the County, free basic cable service to government and school facilities, and an interconnect with the Cox system to allow RVTV to cablecast on Channel 3 in the Booth system. Both Booth and Adelphia have provided a high quality of service to Roanoke County residents, and staffhas received very few complaints about the cable provider. The cost to residents is comparable to that of Cox customers, and the channel selection is almost identical. Adelphia is currently working on expanding its service into the field of Internet service, which should be available to its customers in the near future. The franchise agreements in both localities were to expire on October 4, 1999, and were extended for ninety days until January 2, 2000. While there have been preliminary staffdiscussionsbettyeen the local governments and with Adelphia, and a meeting of the negotiating committee, formal negotiations have not been completed An ordinance approving the extension of the franchise agreement is attached to this Board Report. FISCAL IMPACT: None anticipated at this time. The County may receive a capital grant from Adelphia, which will provide funding for cable or Internet related equipment. STAFF RECOMMENDATION: Staff recommends that the Board reappoint a negotiating committee composed of Dr. Harry Nickens, Butch Church, Jane James, Anne Marie Green and James Dickey to meet jointly with representatives from the City of Salem and Adelphia to explore mutually acceptable terms for a new franchise agreement with Adelphia. Staffalso recommends that the Board approve the attached ordinance, extending the current franchise agreement by ninety days, and due to the franchise expiration date, waive the second reading, so that negotiations may be completed. Respectfully submitted, ~~~~ B O enshain Elmer C. Hodge Assistant County Attorney County Administrator ACTION No Yes Abs Approved Denied Received Referred to ()Motion by: O Harrison _ Johnson _ _ _ McNamara _ _ _ Minnix Nickens 2 ~-f AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, DECEMBER 21, 1999 ORDINANCE EXTENDING THE FRANCHISE OF BLACKSBURG/SALEM CABLEVISION ,INC. DB/A SALEM CABLE TV TO OPERATE A CABLE TELEVISION SYSTEM IN ROANOKE COUNTY FOR A PERIOD OF 90 DAYS WHEREAS, Blacksburg/Salem Cablevision, d/b/a Salem Cable TV, a wholly owned subsidiary ofAdelphia Communications Corporation, currently holds a franchise granted by the Board of Supervisors of Roanoke County, Virginia, to operate a cable television system within portions of Roanoke County which franchise expired on October 4, 1999, and was extended for a period of ninety (90) days by action of the Board of Supervisors on September 28, 1999; and WHEREAS, negotiations are currently under way between Blacksburg/Salem Cablevision, Inc., d/b/a Salem Cable TV, and the County of Roanoke for the renewal of this franchise agreement, which negotiations may not be concluded sufficiently prior to such date to permit adoption of a new franchise agreement by the Board of Supervisors of the County of Roanoke prior to the expiration of the current franchise agreement on or about January 2, 2000; and WHEREAS, Blacksburg/Salem Cablevision, Inc., d/b/a Salem Cable TV, is prohibited by federal law from operating a cable television system within any jurisdiction without a franchise agreement or extension as defined by federal law; and WHEREAS, the first reading of this ordinance was held on December 21, 1999, and the second reading of this ordinance was dispensed with by an affirmative vote of four-fifths of the members of this board. "' t BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That in order to permit Blacksburg/Salem Cablevision, Inc., d/b/a Salem Cable TV, to continue to operate a cable television franchise within the territorial limits of Roanoke County, Virginia, after January 2, 2000, and to prevent any interruption of cable television services to customers of Salem Cable TV, the franchise of Blacksburg/ Salem Cablevision, Inc., d/b/a Salem Cable TV, for the operation of a cable television system within Roanoke County, Virginia, is hereby extended for a period of ninety (90) days beginning at 12:00, midnight, on January 2, 2000, under the same terms and conditions as contained in the existing franchise agreement originally granted by the Board of Supervisors ofRoanoke County, Virginia, to Booth American Company, d/b/a Salem Cable TV, in October, 1994, and subsequently transferred to Blacksburg/Salem Cablevision, Inc., d/b/a Salem Cable TV, as of April, 1997. 2. This ordinance shall be in full force and effect from its passage. 2 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 21, 1999 SUBJECT: First Reading of Ordinance -Authorization to Acquire Sanitary Sewer Easement on property owned by Jorge E. Parrott (Tax Map No. 64.02-02- 12). COUNTY ADMINISTRATOR'S COMMENTS: yy~c~ BACKGROUND: Roanoke County has purchased land near Dixie Caverns for the purpose of establishing the Roanoke County Center for Research and Technology. Situated in close proximity to Interstate 81 access, this technology center will be a premier location for technology-based industries, providing significant economic benefits to the County. Development of this technology center includes road construction as well as off-site extensions for water and sanitary sewer. SUMMARY OF INFORMATION: The alignment for the off-site sanitary sewer extension for the Roanoke County Center for Research and Technology has been finalized. The route selected ties to the existing Dixie Caverns sewer extension, crosses U. S. Route 11/460 and follows Glenvar Heights Boulevard to the Technology Center property. The alignment enters the site at the southeast corner and is extended to a location convenient to the initial phases of site development. Bids for this sewer extension were received December 16, 1999 with construction scheduled to begin January, 2000. Acquisition of a sanitary sewer easement shall be necessary between the existing Dixie Caverns sewer extension and the right-of--way of U. S. Route 11/460 prior to construction. This easement crosses property of Jorge E. Parrott (Tax Map No. 64.02-OZ-12), as shown on plat prepared by Lumsden Associates, P.C. dated December 1, 1999. A copy of the plat is attached hereto. Negotiations with Mr. Parrott resulted in an agreed compensation of $150.00, plus recording costs for the easement. This compensation amount falls within County standards for easement acquisition. The location and dimensions of this easement have been reviewed and approved by the County's Utility Department staff. `~" '" Roanoke County Land Records as Tax Map No. 64.02-2-12, for the sum of $150.00 is hereby authorized and approved. 2. That the funds for this acquisition and related costs shall be paid out of the funds previously appropriated to this project in the Capital Improvement Fund. 3. That the County Administrator or an Assistant County Administrator is authorized to execute such documents and take such actions on behalf of Roanoke County in this matter as may be necessary to accomplish the acquisition of this property, all of which shall be approved as to form by the County Attorney. 4. That this ordinance shall be effective on and from the date of its adoption. G: \ATTORNEY\ VLH\AGENDA\parrott.sseacq.wpd 2 ~^ ~, ~ ~ o IX20'SAN/TARP TAX}G402-02-12 ~ SENDP EA.SEA/ENT PRGt°ERTY OF " , - ~' ~ e ~ e ti ~~,. W ~ ~ v - ` - - vF;4PGl E. PARROTT ' - - _ _ ' - - - D.B. 156$ PG 1074 ~ ~~~ ~~ -- - -~ 1RACTB Q ~ ~ .. _- ~ ~ ~ ` NEW 70' TEMPORARY- ~ CONSTRUCTION EASEMENTS EX. DRJ<ZUNG \~ _ C~ ~E.Y DR/Vf ~ `.. 1 Q~ ~e ~~ ~~ ti~ ~ y~ ~~ a~~~ S~ .\ ~ . CAl1AHAN BRANCI'1 ~ . OU N7BBj~/~. ~ Sq(q~ NEW 20' PERMANENT SANITARY SEWER EASEMENT 2 ~S. R ~~ ~~1/460 NEW PERMANENT 20' SANITARY SEWER EASEMENT L/NE BEAR/NG D/STANCE 1-2 N 7821131" E 20.46' 2-3 S 241.1936' E 67.8Z' 3-4 N 8147'43' W 23.67' 4-1 N 24276.36' W 59.47' IUTAL AREA = 1,273 SF. ~~~ 1 TAX /6'4.02-02-13 PROPERTY pF ~ GALEN H! iY•40E & /" f/ARR/ET G WADE ~ ` . 0 .6 896 PG; 740 ~ _ \ ~~~` ~- _ ~~1~ ~'1RG LEGEND - ~Q, U71UTY POLE ~-~-- FENCE D.B. DEED BOLY( EX. EX/STING av ovE7~HEAD unuTY PC. PACE NEW SAN/TARY SERER EASEMENT NO7FS.• 1. TH/S PLAT WAS PREPARED WITH THE BENEfIT OF A UM/TFO 177LE REPORT PREPARED BY 1NE ASS/STANT COUNTY ATTC.YPNEY OF THE COUNTY OF ROANOICE, NRG/N/A, DA7E'D NOVEMBER 30, 1999. 2. IRE ABOVE REFERENCED UM/TED ITTLE REPORT FOUND NO EASEMEN75, R/G~,'T5 OF WAY OR RE~ERVA710NS iHTH/N THE SCOPE OF SA/D UM/7t7J 777LE REPORT, HON£VER THERE MAY EX/ST ADD/nONAL ENCUMBRANCES WH/CN AfFL~CT THE NEW EASEMENT CREATED HEREON. . 3. 7NlS PLAT /S FOR THE SOLE PURPOSE OF CREATING THE NEW 20' PERMANENT SAN/TARP SEWER EA.SEbfENT AND f0' 7E~IPORARY CONS7RUC770YV EASEMENTS' AS SHOWN HEREGW AND DOES NOT CONS777U7P" AN ACTUAL BOUNDARY SURVEY. 4. 7i7TAL AREA OF NEW 20' PERMANENT SAN/TARP SEWER EASEMENT = 1,273 SQUARE FEET. 5. TOTAL AREA OF NEW f0' 1FMPORARY CONSTRUCAON EASE1LfEN18 = 1,273 SQUARE FEET. PLAT SHOWING NEW 20' PERMANENT SANITARY SEWER EASEMENT AND NEW 10' TEMPORARY CONSTRUCTION EASEMENTS BEING GRANTED TO THE COUNTY OF ROANOKE, VIRGINIA BY o~_ 12-~ -99 '~pG, JORGE E. PARROTT ~ e. LEE x ACROSS TAX 64.02-02-12 ~E~NDER N, JR ~ ~" ~N~ 14g~~ SCALE 1 "= 100' DATE: 1 DECEMBER 1999 LUMSDEN ASSOCIATES, P. C. ENGINEERS-SURVEYORS-PLANNERS AOANOKE. YIRAINIA 1 H-f AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, DECEMBER 21, 1999 ORDINANCE 122199-7 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: 1. 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 Ernest Wayne Holland and Jacquelyne K. Holland to purchase this parcel of real estate for the sum of $1,400.00, and this offer is hereby accepted; and 4. That the proceeds from the sale of this real estate are to be allocated to the Mount Pleasant Fire Company; 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 1 < < w which shall be upon form approved by the County Attorney. On motion of Supervisor Nickens to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None A COPY TESTE: Brenda J. Holt , CMC Deputy Clerk to the Board of Supervisors cc: File Donald Gillispie, Division Chief, Fire & Rescue Richard E. Burch, Chief, Fire & Rescue Paul M. Mahoney, County Attorney John W. Birckhead, Director, Real Estate Assessment Diane D. Hyatt, Director, Finance 2 °.DEC-02-1999 17 18 ~ _ .. ,J , n /o 330 Qo ~ c ~ ~~ -o ~ ~~~ ,- `~ U ~~ ~J CO ~: ~- ag RKE CTY-COM,DEV , 29 7 4 ~- 3705 ~ ~ s~ ~ ~~f ~x . ~~~ ~ a~ ~ a~~~~ i=+~.~~ ~~ ~~. N 2926 -~ ~ ~.1 `r 29,38 b F ' fl ROANCIKE COUNTY MAP SFIO A'ING THE SAL. OF 0.07 f AC. DEPARTM~E'NT OF FA.RCEL ,8'EING CONVEYED Tp ERNEST & GOMMFl'NITY DEVfZOPMENT JACQUELIIYL' K. BY R.e.B.S. ! l-30`99 5407722108 P. 01/01 ~°f ~`~`.. i ~~;~ ~ ~1. ~ ~ _~~--~ TOTAL P.01 ACTION NO. ITEM NUMBER ~I~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: December 21, 1999 AGENDA ITEM: Second 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: ~ ~ ~~ EXECUTIVE SUMMARY This is the second 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. , v 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 , Do al illispie Division Chief, Fire and Rescue ACTION Approved by: ~~~'! Elmer C. Hodg County Administrator VOTE No Yes Abs Approved () Motion by: Johnson Denied () Harrison Received () McNamara Referred () Minnix To () Nickens cc: File Richard E. Burch, Jr., Chief .DEC-82-1999 17 18 .. ~CiJ JQ ii ~~ O c ~V ~~ ~ c,~ ~~~ .. CO ~: ~- ~g ~- ,.3705 ~ ~~' ~ ~~ RKE CTY-COM ,DEU 29 ~ 4 ~~ 145 . % `? ~~ ~~ ~ ~ . N 2926 ~ ~ ~.1 .~ ~- 2,938 6 f ~x 5~~ea~ ~ ~~~~~ ROANOIfE COUNTY MAP SHOWING THE SALE OF 0.071 AC. DEPAR7'M~ENT OI" FARGEL BEING CONVEYED TQ ERNEST & COa[M rU'NITY pEVEZOPMEN7. JACQUELINE' K. EY R.C.B.S. !~-sa-ss 54~77221a8 P.01i01 ;~ ~~~ ~'~ // ~~1 V / f i ~ ~1a R~ 1 ~ `~~-- u i fir ~. TOTAL P.01 /{-1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, DECEMBER 21, 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 That an offer has been received from Ernest Wayne Holland and Jacquelyne K. Holland to purchase this parcel of real estate for the sum of $1,400.00, and this offer is hereby accepted; and 4. That the proceeds from the sale of this real estate are to be allocated to the Mount Pleasant Fire Company; and 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:\W PDOCS\AGENDA\REALEST\HOLLAND.ORD • 1;~ ` ~- AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, DECEMBER 21, 1999 ORDINANCE 122199-8 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 the County Attorney's budget 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. On motion of Supervisor Nickens to adopt the ordinance and appropriate funds from 1 the County Attorney's budget, and carried by the following recorded vote: AYES: Supervisors Minnix, Harrison, Nickens, Johnson NAYS: Supervisor McNamara A COPY TESTE: Brenda J. Ho on, MC Deputy Clerk to the Board of Supervisors cc: File Paul M, Mahoney, County Attorney John W. Birckhead, Director, Real Estate Assessment Diane D. Hyatt, Director, Finance Arnold Covey, Director, Community Development 2 ACTION NO. ITEM NO. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: December 21, 1999 AGENDA ITEM: 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 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, exceptforviewshed 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. U:\WPDOCS\AGENDA\REALEST\STONEBRI.RPT Z ~•~ .~ STAFF RECOMMENDATION: Staff recommends the adoption of the attached ordinance accepting the donation of these two parcels to Roanoke County. Respectfully submitted, . '( IJ ~ Paul M. Mahoney County Attorney Action Vote No Yes Abs Approved () Motion by Harrison Denied () Johnson Received () McNamara Referred () Minnix to Nickens U:\WPDOCS\AGENDA\REALEST\STONEBRI.RPT 2 j' f{-~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, DECEMBER 21, 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 $18,000). 3. That there is hereby appropriated the sum of Two Thousand Dollars from for the costs of this transaction. 3. That the County Administrator is authorized to execute such documents and take such actions on behalf of Roanoke County as are necessary to accomplish the conveyance of said property, all of which shall be upon form approved by the County Attorney. U:\WPDOCS\AGENDA\REALEST\STONEBRI.CIR t ~~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, DECEMBER 21, 1999 ORDINANCE 122199-9 AMENDING ARTICLE III. SEWER USE STANDARDS OF CHAPTER 18. SEWERS AND SEWAGE DISPOSAL OF THE ROANOKE COUNTY CODE BE IT ORDAINED by the Board of Supervisors of Roanoke County as follows: 1. That Section 18-174. Penalty for violations be amended to read and provide as follows: Sec. 18-174. Penalty for violations. (a) A person who violates the provisions of this article shall be guilty of a Class 1 misdemeanor and upon conviction is punishable by a fine of f$-~699j 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 this section, the County may provide that administrative civil fines be assessed against any person who violates the provisions of this article or any orders, rules, regulations, or permits issued hereunder or pursuant to the County's Enforcement Response Plan. Such administrative civil fines may be in an 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 occurs or continues shall be deemed a separate and distinct violation. The enforcement of such administrative civil fines may be had through the courts of the 1 Commonwealth of Virginia in addition to any other legal means available to the County. In addition to the administrative civil fines 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 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 hereunder or pursuant to the County's Enforcement Response Plan. {~j (c) Alternately or in addition to proceeding under authority of 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. ~ (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 $996 not more than two thousand five hundred dollars ($2,500) per violation, per day, or imprisonment for not more than one year, or both. {d~j (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. On motion of Supervisor Johnson to adopt the ordinance, and carried by the 2 following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None A COPY TESTE: Brenda J. Hol on, CMC Deputy Clerk to the Board of Supervisors 3 cc: File Gary Robertson, Director, Utility Circuit Court Roy B. Willett, Judge Clifford R. Weckstein, Judge Diane McQ. Strickland, Judge Richard C. Pattisall, Judge Robert P. Doherty, Jr., Judge Jonathan M. Apgar, Judge Steven A. McGraw, Clerk Juvenile Domestic Relations District Court Joseph M. Clarke, II, Judge Philip Trompeter, Judge John B. Ferguson, Judge Joseph P. Bounds, Judge Ruth P. Bates, Clerk Intake Counsellor General District Court George W. Harris, Judge William Broadhurst, Judge Vincent Lilley, Judge Julian H. Raney, Judge Jacqueline F. Ward Talevi, Judge Theresa A. Childress, Clerk Skip Burkart, Commonwealth Attorney Paul M. Mahoney, County Attorney Magistrates Sherri Krantz/Betty Perry Main Library Ray Lavinder, Police Chief Richard Burch, Chief of Fire & Rescue Roanoke Law Library, 315 Church Avenue, S.W., Rke 24016 Roanoke County Law Library, Singleton Osterhoudt Roanoke County Code Book Gerald S. Holt, Sheriff John M. Chambliss, Jr., Assistant County Administrator Don C. Myers, Assistant County Administrator Diane D. Hyatt, Director, Finance O. Arnold Covey, Director, Community Development Terrance L. Harrington, County Planner Michael Lazzuri, Court Services Elaine Carver, Director, General Services Thomas S. Haislip, Director, Parks & Recreation Gardner Smith, Director, Procurement John W. Birckhead, Director, Real Estate Assessment Alfred C. Anderson, Treasurer R. Wayne Compton, Commissioner of Revenue 4 ACTION # ITEM NUMBER ~~'"' AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: December 21, 1999 SUBJECT: Second 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. The first reading was held on December 7, 1999. 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. STAFF RECOMMENDATION: Staff recommends that the Board of Supervisors approve the ordinance after the second reading on December 21, 1999 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). SUBMITTED BY: ;v Gary Robertso , P.E. Utility Director ACTION Approved () Motion by: Denied () Harrison Received O Johnson Referred McNamara to Minnix Nickens APPROVED: Elmer C. Hodge County Administrator VOTE No Yes Abs ~~- j AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, DECEMBER 21, 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: 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. ~ Alternatively or in addition to proceeding under authority of ub-section (a~ of this section the Coun ma rovide that administrative civil fines be assessed against an er~on who violates the rovisions of this article or an orders rules re ulatYOns or ermitsi~sued~hereunder or ursuant to the Coun 's Enforcement Res onse Plan. Such administrative civil fines ma be in an amount u to two thousand five hundred dollars $2 500 er violation er da the amount to be set b the Utili 'Director. Each da on which a violation occurs or continues shall be deemed a se crate and distinct violation. The enforcement of such'administrative civil fines ma be had throw` h the courts of the Commonwealth of Vir inia in addition to an other 1e ahmeans available,to th Cunt In addition to the administrative civil fines rovided for herein the Coun ma also recover reasonable attorne 's fees court costs court re ` orter's fees ex ert wirness fees and other e enses of liti ation b an a ro riate suit at law a ainst an such erson found to have violated the rovisions of this article or an orders rules re lations or ermits issued hereunder or ursuant to the Coun 's Enforcement Res onse Plan. . ~/- 3 f bj ~ Alternately in addition to proceeding under authority of 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. (ej ~, 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 X669 not`more than two thousand five hundred dollars 2 500 per violation, per day, or imprisonment for not more than one year, or both. (-etj ~ 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:\WPDOCS\AGENDA\CODE\SEWER.ORD 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 21, 1999 SUBJECT: Appointments to Committees, Commissions and Boards COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: 1. 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. 2. HIGHWAY AND TRANSPORTATION SAFETY COMMISSION The four year term of Jay E. Gaylor, Legal Representative, James M. Martin, Senior Representative, and one-yearterm of a youth representative who must be attending a Roanoke County high school. Mr. James Martin has notified the Clerk's Office that he does not wish to serve another term. 3. 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. 4. 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. 1 ~1- ~' 5. ROANOKE COUNTY PLANNING COMMISSION The four year term of William Todd Ross, Hollins District, will expire December 31, 1999. SUBMITTED BY: APPROVED BY: ~.~~ Mary H. Allen, CMC/AAE Elmer C. Hodge Clerk to the Board County Administrator -------------------------------------------------------------------------------------------------------------------- ACTION VOTE No. Yes Ahs Approved () Motion by: Harrison _ _ _ Denied () Johnson _ _ Received () McNamara- _ _ Referred () Minnix _ _ To () Nickens _ _ _ 2 ,~J' f~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, DECEMBER 21, 1999 RESOLUTION 122199-10 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 21, 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. Ratification of the at-large member of the Blue Ridge Community Services Board of Directors. 2. Request for acceptance of Smoke Rise Court, Delmar Lane and a portion of Cedarmeade Drive into the Virginia Department of Transportation Secondary System. 3. Donation of a Storage Tank Lot and related access easement shown on Plat of "Hidden Woods" of Fairway Forest Estates, Section 4, from FFE Development Corporation. 4. Formal approval of plan documents for the County Flexible Benefits ("Beneflex") Plan. 5. Donation of a 30' public access trail and greenway easement across a 5.86 acre parcel of land by David G. Sult and Melanie R. Sult. 6. Adjustment to the appropriation of School Phase I budget surplus. 7. Request for acceptance of Carelton Drive, Ripley Street and a portion of Innsbrooke Drive into the Virginia Department of Transportation Secondary System. 1 I 8. Acceptance of Department of Motor Vehicles mini-grants for the following: (a) Child Safety Seats (b) Upgrading the radar unit in the speed monitoring trailer (c) Passive Alco-Sensors 9. Donation of a storm drainage easement on property owned by Jean B. Patterson and Laverne Jack Dempsey and Helen R. Dempsey in the Vinton Magisterial District. 10. Adoption of resolutions of appreciation upon the retirement of: (a) Eudora J. Altice, Finance (b) Thomas R. Brown, II, Police (c) Debbie L. Hogan, Police (d) Kenneth L. Hogan, Parks and Recreation (e) Thomas L. Marshall, Fire and Rescue (f) Woodrow "Buddy" Swisher, Police 11. Request for support of Salem/Roanoke County Chamber of Commerce submission of an ISTEA transportation enhancement program application for the Carriage House in Longwood Park. 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 without Item 10, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None On motion of Supervisor Minnix to adopt the Resolutions of Appreciations in Item 10 and read the names into the record, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None A COPY TESTE: 2 r Brenda J. Holt n, CMC Deputy Clerk to the Board of Supervisors cc: File Arnold Covey, Director, Community Development Vickie L. Huffman, Assistant County Attorney Gary Robertson, Director, Utility John Birckhead, Director, Real Estate Assessment Dr. Deanna Gordon, School Superintendent Brenda Chastain, Clerk, School Board Diane D. Hyatt, Director, Finance Joseph Sgroi, Director, Human Resources Paul M. Mahoney, County Attorney Diane St. John, Registrar Ray Lavinder, Chief of Police Pete Haislip, Director, Parks & Recreation 3 ~, A-122199-10.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 21, 1999 AGENDA ITEM: Confirmation of Committee appointment to the Blue Ridge Community Services Board of Directors COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION Blue Ridge Community Services Board of Directors At their December 2, 1999 meeting, the Board of Directors recommended John M. Hudgins, Jr., as an at-large member of the Board of Directors to fill the unexpired term of Ms. Rita Gliniecki, who is now Roanoke County's representative. The term of appointment will be through December 31, 2000. The Bylaws of the Board require that members at- large be ratified by the five participating local governments. STAFF RECOMMENDATION: It is recommended that the above appointment be ratified by the Board of Supervisors. Respectfully submitted, `fit ,~. Mary H. Allen, CMC/AAE Clerk to the Board ACTION Approved (x) Denied ( ) Received ( ) Referred ( ) To ( ) Approved by, ~~ Elmer C. Hodge County Administrator Motion by: Bob L. Johnson to approve VOTE No Yes Abs Johnson _ x Harrison _ x _ McNamara_ x _ Minnix _ x _ Nickens x cc: File Blue Ridge Community Services Board of Directors File ~~ ' - Blue Ridge ~$~ Community ~~ Services t Rodney P. Furr cneir~e~ ,~» William L. Lee Vk~ cnaim,a~ Meredith B. Waid treasurer Susan F. Scheibe se~rerery Executive Director Fred P. Roessel, Jr., Ph.D. December 3, 1999 The Honorable Bob L. Johnson, Chairman Roanoke County Board of Supervisors P. O. Box 29800 Roanoke, VA 24018 Dear Mr. Johnson: ~.::~~ b ;,~~ At the December 2, 1999, Board of Directors meeting a resolution was passed to recommend Mr. John M. Hudgins, Jr., 870 Stonegate Court, Salem, as an at-large member of the Board of Directors to fill the unexpired term of Ms. Rita Gliniecki. The term of appointment would be through December 31, 2000. The bylaws of the Board require that members at-large be recommended by the Board to the five participating localities. All five local governments must ratify the appointment. Your attention to this matter will be very much appreciated. Sincere y, ~ / ~ ~? ~~ Rodney urr Chairman RPF:cd C: Elmer C. Hodge John M. Chambliss, Jr. Mary H. Allen John M. Hudgins, Jr. Executive Offices - 301 Elm Avenue, SW Roanoke, Virginia 24016-4001 (540) 345-9841 Fax: (540) 342-3855 TTY: (540) 345-0690 Serving the Cities of Roanoke and Salem, and the Counties of Botetourt, Craig and Roanoke J~~ THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, IN REGULAR MEETING ON THE 21sth DAY OF DECEMBER, 1999, ADOPTED THE FOLLOWING: RESOLUTION 122199-10.b REQUESTING ACCEPTANCE OF SMOKE RISE COURT, DELMAR LANE AND A PORTION OF CEDARMEADE DRIVE INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY SYSTEM WHEREAS, the street described on the attached Additions Form SR-5(a), fully incorporated herein by reference, are shown on plats recorded in the Clerk's Office of the Circuit Court of Roanoke County, and WHEREAS, the Resident Engineerforthe Virginia Department of Transportation has advised this Board that the street meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation, and WHEREAS, the County and the Virginia Department of Transportation have entered into an agreement on March 9, 1999, for comprehensive stormwater detention which applies to this request for addition, NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia Department of Transportation to add the street described on the attached Additions Form SR-5(A) to the secondary system of state highways, pursuant to §33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements, and BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted right- of-way, as described, and any necessary easements for cuts, fills and drainage, and BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. Recorded Vote Moved By: Supervisor Johnson Seconded By: None Required Yeas: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson Nays: None Absent: None A opy Teste~ Brenda J. Ho on, CMC Deputy Clerk to the Board of Supervisors cc: File Arnold Covey, Director, Engineering & Inspections Virginia Department of Transportation a C m L U Q C~ 6 O~ N m rn z ~ o H ~ \ E-~ U N W L ^ (n G O O° Q U W 6i H Ct7 W m i x _ E ~ 2 O O ~ _ _ Fq T ~ m z o ~ 6 ~ ^ 9 ~+ ~ O ZS H y S H N ~ U O ~ ~ p ~ i L ~ A ~ y W O H Q 7 ~1 $ ~~.d ~ m O >2 ~ ~' ~ 1, Pa -oOi s ~ L ~ O ° rn }- ~ O ~ E CmC U C 4 ~ ~ M y ~`-I ~I n n al ^ OI C ~J l^~ I Y G H O V W O n t, z ~ 4 7 m O 7 C1 n ~ ~ O N a U O O O O < m O r Z e 3 ~ v O O O ~ ~ ~ u'1 u'1 v1 z ~ ~ ~ rn rn w r~ ~ H m ro m e m a o ~+ Q ~ a d a o a a n. d ~ a '~ W W o0 rn ~ rn ~ H 6 ~ r7 = a ~ ~ ~ ~ ~ C ~ F-~ ~ ~ 9 1 ~ m m C C ~ ~ W (~ m p m p 9 D p p O 2 .~ t 2 Z N N I N I N a O O ~ W ~ w ~ H H tf1 Q X1'1 Q ill ~ s E-+ H ^ I I ~ m . W W m m ~ m o ~ C!1 ~ C!) py a p U e p U ° p ° p p Q c W W m ~ ~ ~ ~ ~ L m z z ~ H ~ H a ~ a b a b ~ is H H ~ m m ~' m m °- ~ Q Q FF G C ~ CL a ~ o a i5 a a b o ° I ~ c ° o ° i iL o r a ~ r ~ ~i r a ti ~- a u r ) a ~ ~- a ) , a i ~ ~ Q S C w w z m ~ H 5 a co ~ < ~ ~ ~ t~ m a F 6 x O ~ < 2 Q U ~ Q i ~ ^ I N c"1 l i f n u E z ~ W U o t ~- O 'G ~ O O ° r o ~ ._ U r V Q N U ° ~ .h'°!~! H - Z".e r, \ c '.,• 0 - sf ~~. ~ ~~9 i ~ : w t` obi ~° ~ .~ p ~~ 1 ~ f~' i j , 02 2l! ,~ :~~-- o ~„ r~9 ~:1 - ao . ~, yd m d ~~ r t i ~ ` ' °> .`-env ~ ~ i .-. ~ ~ a i. i~ . ^A ..~s~~z , w ~ _ 47M~ m ~' ~ ` ' ' ..tz _:. ~ ^- ,oo.. `I of ~ j i ~ N~` ~ ih V h . a 1 ~ ~ ~...Gi W 4 ~ _ `. i T :, 1 ,~ J ~ ~ 3g h ,> , . \ r ~aa m ° ~. m i9~ "' , , ~ ON2 i ~ ~ ~ ~ ~ `~~; :%,-' oo BROOKFIELD, SECTI ~ ,~ ~ T '~--~0Ag6 Cat^~`~~• zv,r~00 r/ ` `/ B7pp,`o o~o~\~^i ~ < act .' ,•" o N ~ `~ %to 'h .or p 60, :'" o N ~•o PROPOSED ADDITION SHOWN IN GRAY •cr. .g~ r-''- o~ vv4i T w~ ~, N `Q \ ~ oil ;6~ l a ~~ N ~ 5 po 60 " ~~_ I ~ ! DESCRIPTION: o ~ ~ ~ o~ ~., 08 602 5 j° L l . Smoke Rise Court -From the intersection of Delmar Lane to its cul-de-sac. `a ~ ~ 5 ~ ~, . o va ~ `\ ,1 5ti o . ~ ~",~ s . `~ ~°9 ~ - c; ~ c~ ~ ~ e E ~ 2. Delmar Lane -From the intersection of Cedarmeade Drive to its cul-de-sac. 1 p cz ~.~ ~ ~m n~' ~~ ~ • `,`= Q '~ `•6°r ~/F o7 , ~ 3. Cedarmeade Drive -From the intersection of Valley Stream Drive to the ~~. t ~M ~~`~ -°"~ ~c U~ ~ o , ~ ;~,~ I : intersection of Delmar Lane. Q~ cam, ~ '., ~` V moo; 5g ~ ~~, ~,~ . e ~ ~7 55 ,~D~ v /", ~~\ ~ 5~ iN9 ~oo~ `"•. 6°~ ~0 ~~~ ; LENGTH : (1) 0.04 Miles (2) 0.13 Miles (3) 0.10 Miles d~ ~~ ~ ~~ `~. ` ,~ f~47. ~; ' ~ RIGHT OF WAY: (1) 50 Feet (2) 50 Feet (3) 50 Feet PC ~\ss g9,Q0. ~ ~• \~ ^ °~ ~ ~'~ PAVEMENT WIDTH: (1) 30 Feet (2) 30 Feet (3) 36 Feet ,,. ~1f7,o ,, ~,. , ,~ - SERVICE: (1) 3 Homes (2) 6 Homes (3) 7 Homes ~o'.\ ~C^,v~l, f~ -129.13 _~.- ,~~y .~_ s? _ _ _ ry ~~ ~. T ^ ~ `~ ~ ^ ~ BROOKFIELD, SECTION 1 _, ~ ~ ; Q~ \ \ : I~ J ~- ~ .~- ~ , ~ i ~- ,-\ ~. o Gab ~ $rHEAM DRI'VF -;~ ~ ~ VALLEY ROANDI~E COZTNTY BROOKFIELD, SECTION 1 & SECTION 2 DEPARTMENT OF' Acceptance of Smoke Rise Court, Delmar Lane and COMM£INITY DEVELDPM~'NT a portion of Cedarmeade Drive into the Virginia Department of Transportation Secondary System. _ J 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 21, 1999 AGENDA ITEM: Acceptance of Smoke Rise Court, Delmar Lane and a portion of Cedarmeade Drive into the Virginia Department of Transportation Secondary System. COUNTY ADMINIST ATOR'S COMMENTS: ~~~-i/+~C Fralin and Waldron, Inc., the developer of Brookfield, Section 1 and Section 2, requests that the Board of Supervisors approve a resolution to the Virginia Department of Transportation requesting that they accept 0.04 miles of Smoke Rise Court, from the intersection of Delmar Lane to its cul-de-sac, 0.13 miles of Delmar Lane, from the intersection of Cedarmeade Drive to its cul-de-sac, and 0.10 miles of Cedarmeade Drive, from the intersection of Valley Stream Drive to the intersection of Delmar Lane. No County funding is required The staff recommends that the Board approve a resolution to the Virginia Department of Transportation requesting that they accept Smoke Rise Court, Delmar Lane and a portion of Cedarmeade Drive into the Secondary Road System. B`IbQITTED BY: _.. ,~ , Arnold Covey, Director Department of Community De elopment APPROVED BY: ~~~ ~ Elmer C. Hodge County Administrator 1 ~~ ~. THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, IN REGULAR MEETING ON THE 21ST DAY OF DECEMBER, 1999, ADOPTED THE FOLLOWING: RESOLUTION REQUESTING ACCEPTANCE OF (NAME OF ROAD) INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY SYSTEM WHEREAS, the streets described on the attached Additions Form SR-5(a), fully incorporated herein by reference, are shown on plats recorded in the Clerk's Office of the Circuit Court of Roanoke County, and WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised this Board the streets meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation, and WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised this Board the streets meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation, and NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia Department of Transportation to add the streets described on the attached Additions Form SR-5(A) to the secondary system of state highways, pursuant to §33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements. and BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted right- of-way, as described, and any necessary easements for cuts, fills and drainage, and BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. Recorded Vote Moved by: Seconded by: _ Yeas: Nays: A Copy Teste: Mary Allen, Clerk Roanoke County Board of Supervisors pc: Arnold Covey, Director, Department of Community Development Virginia Department of Transportation File /~4Q'r ~_ ~, AL ~~'y DID' O~ ~ r .E~ ~~- r ~!;~Reox j ~ ~ ~ Ct~t~~ ~_~ ~ eP~~E AVI _ • ~~ ~O1lNT PLEASA 7 ~~~ Dk. paw ~q= 6 ELEMSIX. ~ ~y 1cTir pR ~ - 9 - 1 r` 10 ~- $,06 ~' 2 ~ !' MAY FIELD ~5 ~~~ ~~ ,' oEA- A~ ICI CI1~'I T Y MAP °' ~~: 59 gZ ~ ~r~~sf ','~1Q 1 V ~~`~ y ~ d5 00 'm coz 1. i. ~ ~ 7..E 6p ~ ~~ `"~'I ? h ..~ w U X58 3' ;~ t^rnwo~ t.av, ~1,,~ ~ i,ozzi< X93,2 _ 0-e ~ ., ro~ ,n_~ : vi ' .~.,sr.so.si ~. o ~' 4O °ti ,'„ d Eza ~ .: I,A m d ~ ~3 ; i l~ ~ ; .,. ~n v v C? ~ 4. / i CG h ``~l ? ~ 700 ~ ^s'...Gi ^ ~ V d '101 O '~ CJ Ov ,~ ~ ,~ _~ ". 5o BROOKFIELD, SECTION 2 ~,~`` s - 4 a2 ~ cor ~ p ~.= o o v~ b /to' g3 6 ,, .T" ~~ ~ ~ _ ~ ; ~ PROPOSED ADDITION SHOWN IN GRAY °- ~ 0 - ~ ~ `~ z\ q ~~ o ~aa ~ C •.:' a \o~ 95 ~ g0 r ~ _~. DESCRIPTION: °o~ ~ Q ~~ `.~ g 60 . S~ ~ 1. Smoke Rise Court -From the intersection of Delmar Lane to its cul-de-sac. • 10 5 1 i»- ~ r15t ~ ~, o. ~~'i ~~ ~ 'fem. ~ ~ ~ `~._ ~ ° ~ ,, E 2. Delmar Lane -From the intersection of Cedarmeade Drive to its cul-de-sac. m ~ n ~ C~o~. cq ~ °-o ~5n„ by ~h. ~ \ ~~ ~ ~;,0 ', a -O~'~. 1 ~ ,~ 3. Cedarmeade Drive -From the intersection of Valley Stream Drive to the \ ~\ \ iO~ok ,''\rr ~.a ~~ ~ intersection of Delmar Lane. ~~> ~~ V \\~~r~ ''~" ~ON~ .0~0~ ~, ~6 ~4~ qo ~l~o ; LENGTH : 1 0.04 Miles () (2) 0.13 Miles (3) 0.10 Miles d ~ ~ m. r; ~ ~ ,~f ~ ' N RIGHT OF WAY: (1) 50 Feet (2) 50 Feet (3) 50 Feet q~ ..~..a 9 9 Qo. ~ h', `~, ^ °~ ~~ ~ PAVEMENT WIDTH: (1) 30 Feet (2) 30 Feet (3) 36 Feet ~, " \~ ~ f^'p '; ~ ~ S g41,2 ^~y ~ SERVICE: (1) 3 Homes (2) 6 Homes (3) 7 Homes ~- ' °~' ~C`;d`~''v~,,1, f~ -129.13 J=, "dr `•, ~, '~ ° -~~ ~~ BROOKFIELD, SECTION 1 ~~ ~~ \.. ~~~ f\ ~- ~ d6 ~ . `___- ~ pR1 VP ~ '~ VALLEI' STREAM ~:~ V t~ ROANOKE COUNTY BROOKFIELD, SECTION 1 & SECTION 2 DEPARTMENT OF' Acceptance of Smoke Rise Court, Delmar Lane and COMMUNITY DEV~'LDPMENT a portion of Cedarmeade Drive into the Virginia ~ Department of Transportation Secondary System. J s A-122199-10 . c ACTION NO. ITEM NO. "" AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: December 21, 1999 AGENDA ITEM: Donation of a "STORAGE TANK LOT" and related access easement as shown on Plat of "Hidden Woods" of Fairway Forest Estates, Section 4, recorded in Plat Book 17, Page 24, from FFE Development Corporation to the Board of Supervisors of Roanoke County COUNTY ADMINISTRATOR'S COMMENTS: SUNIlVIARY OF INFORMATION: This consent agenda item involves the donation of the following parcel of land and related access easement in "Hidden Woods" of Fairway Forest Estates, Section 4, Windsor Hills Magisterial District, to the Board of Supervisors of Roanoke County: a) Donation from FFE DEVELOPMENT CORPORATION, a Virginia corporation, of the fee simple interest in a parcel of land, consisting of 11,000 square feet, shown and designated as "STORAGE TANK LOT" upon that certain plat entitled "Hidden Woods" of Fairway Forest Estates, Section 4, of record in the Clerk's Office of the Circuit Court of Roanoke County in Plat Book 17, Page 24; TOGETHER WITH the right to use the New Variable Width Access and Waterline Easement for access to and from the said STORAGE TANK LOT, as shown on the plat of"Hidden Woods," recorded as aforesaid. FISCAL IlVIPACT: No County funding is required. STAFF RECONIlVIENDATION: Staff recommends acceptance of the donation. Respectfully submitted, Vi kie L. Huffman Assistant County Att rney ACTION Approved (x) Denied ( ) Received ( ) Referred ( ) To ( ) Motion by: Bob L. Johnson to approve cc: File Vickie L. Huffman, Assistant County Attorney Gary Robertson, Director, Utility John Birckhead, Director, Real Estate Assessment VOTE No Yes Johnson _ x Harrison _ x McNamara_ x Minnix _ x Nickens x Abs I ~, ~~ ~ ~~~~ 4 ~ ~~ ~ 4/y ~ ~ Gj. ~./ c / p~ ~ ti~ 26,018 S. F. ~o ci ~ ZC, 027 S. F. ~'9~. ~ o \ o\ H I p9EN c,35 ~ \ ~~ ~ o.\ ..~ 6 D o ` - ~ ~ 6 4.47-~ C_ 37~ ~ ~~'~,~ \ I •.Yw2.~ ~' ~ ~ '~ c~ /~ 6 \\ BEM ENT-S'(1J ~' ~ \ ~w._.---~- \~• \ c•.34 Y ~°~ °. \ ~So~ 34, 933 S F. •. 30' M.B.L. \, ~/~ \ ~ ~00 ?g C,\\ ~. Q~ 33.74' , \ G -/~( ;~, S 13'42'26' E y ~• ~ O ~s\ ~ S 53'42'53" E ~n ~ ~lI Q ~ w ~ ~ ~ U4. ' S' P.U.E. \`~` ~ \ \ C~~3tZ' \ ~'1~94' o \ o p ~~~~ \ c\ C~29 ~.~ 1i `~PARC \ \ °a ~o ~ ~~ y ~, \ 5 4~~ EL A 5 s~~ \ 50, 597 S F. \\ ~ 67, 816 S. F. ~ (~ ~g°'o \ \ ~ ~, pG ~ 1 1 ~s` ~i (SEE NOTE #9, . F, ~ \.~ c3`~s'p~ o~ ~ \~ ~ SHEET 1 ~ N NEW VARIABLE WIDTH f,Lg'L6 ~ \0- o ~°o. ~-ORn,•)WgTE~, \ ~ ACCESS & WATERLINE ,,C; \ \ ~ ~ ~ 6+, m~r,,.1.~. H \ 'oo EASEMENT ~ '' C~\\ Giry ~ N 54'00'00" E °p ~ ~ C.3~i~ ~~S°°o°~ ~22.oo'W ~ ~ •oo°o ~ ~ ~'J ~ ~ S 54 00'00" 1~1 ~ ~8 102, 550 S F. ~ 15~ P-U.E. 'P~ 'Po 99.3 1 S 27'16'20" 1N ~9~Q ~F` 5 N 36'12'02" W ~ 25.18' ry~`O ~R~9~ ~~ 57.84' 3 \ ` .o .o 0 ' ~ .o G' O '~ \ ~~ ~ NEW VARIABLE WIDTH- O G' ~ ~F ~ \ \ `~ ACCESS AND WATERLINE ~~`~\ ~~'~~`~ ` N44'41'43"W \ ~ EASEMENT 129.85 ~ ~ 20' \ \ ~ FRIABLE WIDTH ~~ ~ \ ` DEED LINE _INE EASEMENT /~~`~ go , , -, DISTANCE ~~~ ~`~ ~ \ y ~ 52.87' 21 5' ~3'., \ 11 ` o. a . 95.498, p o ~ N82 32 SS'e `~ ~ ~~ ~ ~ o ~°c 182.3s ~^ S ~ ~Z ~ --~-STORAGE ~`~~ 4CCESS EASEMENT o .~ o o TANK .OTS 9, 10, BLOCK 2 ~Q r' )T. ~ ~ o LOT 3 ADDED TO 110 oa, ~ ° 11, 000 S F. o , K. 2 ~ r ~° DISTANCE RADIUS 100.Op- to ~ 3.76' CH. 305 00' 2 3.28' '0.56' 2.71' CH. 55.00' L~®~~® 40 S. F. EXIST. EXISTING T.M.A. TREE MAINTENANCE AGREEMENT C.B. DEED BOOK DDED TO P•B. PLAT BOOK TRACT III PG' R/1N PAGE RIGHT-OF-WAY )!STANCE RADIUS S.F. SQUARE FEET X4.41' S.S.E. SANITARY SEWER EASEMENT 1.65' CH. 25.00' D. E. DRAINAGE EASEMENT 4.90' CH. 55.00' P.U.E. PUBLIC UTILITY EASEMENT ).56' M.B.L. MINIMUM BUILDING LINE !w n r ® SANITARY SF4BI~A CA rcucur 3 .ory 04' ~~ ~ o°~ ®YY, 2 _ 8 188, 58~ PLAT BOOK 17, PAGE 24 S 82 ~ Opp p0. ? Ss" w 610 PROPERTY OF MERRIMAN SEARS D.B. 352 PG. 37 TAX #66.00-1-8 i~ .J.._.~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, DECEMBER 21, 1999 RESOLUTION 122199-10.d APPROVING THE REVISED BENEFLEX PLAN DOCUMENT FOR ROANOKE COUNTY EFFECTIVE JULY 1, 1999 The undersigned Deputy Clerk to the Board of Supervisors of the COUNTY OF ROANOKE (the Employer) hereby certifies that the following resolutions were duly adopted by the Employer on December 21, 1999, and that such resolutions have not been modified or rescinded as of the date hereof: RESOLVED, that the form of amended Cafeteria Plan including a Dependent Care Assistance Program and Health Care Reimbursement Plan effective 7/1 /99, presented this meeting is hereby approved and adopted and that the duly authorized agents of the Employer are hereby authorized and directed to execute and deliver to the Third Party Administrator of the Plan one or more counterparts of the Plan. RESOLVED, that the Employer shall be instructed to take such actions that are deemed necessary and proper in order to implement the Plan, and to set up adequate accounting and administrative procedures to provide benefits under the Plan. RESOLVED, that the duly authorized agents of the Employer shall act as soon as possible to notify the employees of the Employer of the adoption of the Cafeteria Plan by delivering to each employee a copy of the summary description of the Plan in the form of the Summary Plan Description presented to this meeting, which form is hereby approved. The undersigned further certifies that attached hereto as Exhibits A and B, respectively, are true copies of BENEFLEX -COUNTY OF ROANOKE as amended and restated and the Summary Plan Description approved and adopted in the foregoing resolutions. On motion of Supervisor Johnson to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None A COPY TESTE: l~C~ Brenda J. Hol on, CMC Deputy Clerk to the Board of Supervisors cc: File Diane D. Hyatt, Director, Finance ACTION # ITEM NUMBER~~~ MEETING DATE: December 21, 1999 AGENDA ITEM: Formal Adoption of Plan Documents for County Flexible Spending ("Beneflex") Plan COUNTY ADMINISTRATOR'S COMMENTS: Recommend approval. This has been an excellent benefit for the employees. Trigon has done a very good job in bringing the plan documents up-to-date. There are no changes in the benefits received by employees. SUMMARY OF INFORMATION: In 1989, the County began offering a flexible benefits plan for employees which included a medical spending account and a dependent care spending account. Employees elect on an annual basis to participate in either of these options and use pre-tax dollars to pay for qualified expenses. Upon the submission of proper documentation, these expenses are then reimbursed to the employee. The County recently contracted with Trigon Administrators to administer this plan for county employees. As part of the contract, Trigon has updated the plan document to include current legal language and annual limits. In addition, Trigon is processing all employee reimbursements. There have been no other changes made to the plan. The following resolution needs to be approved to formally adopt the plan document. The program is currently in place. The attached Summary Plan Document will then be distributed to the participants. STAFF RECOMMENDATION: Staff recommends authorizing the County Administrator to execute the revised plan documents and adopt the attached resolution. SUBMITTED BY: Diane D. Hyatt Director of Finance Approved Denied Received Referred To APPROVED: Elmer C. Hodge County Administrator No Yes Abs McNamara Harrison Johnson Minnix Nickens M:\FINANCE\COMMON\BOARD\I2-21.99b.doc ., S-`~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, DECEMBER 21, 1999 RESOLUTION APPROVING THE REVISED BENEFLEX PLAN DOCUMENT FOR ROANOKE COUNTY EFFECTIVE JULY I, 1999 The undersigned County Administrator of COUNTY OF ROANOKE (the Employer) hereby certifies that the following resolutions were duly adopted by the Employer on December 21, 1999, and that such resolutions have not been modified or rescinded as of the date hereof: RESOLVED, that the form of amended Cafeteria Plan including a Dependent Care Assistance Program and Health Care Reimbursement Plan effective 7/1/99, presented this meeting is hereby approved and adopted and that the duly authorized agents of the Employer are hereby authorized and directed to execute and deliver to the Third Parry Administrator of the Plan one or more counterparts of the Plan. RESOLVED, that the Employer shall be instructed to take such actions that are deemed necessary and proper in order to implement the Plan, and to set up adequate accounting and administrative procedures to provide benefits under the Plan. RESOLVED, that the duly authorized agents of the Employer shall act as soon as possible to notify the employees of the Employer of the adoption of the Cafeteria Plan by delivering to each employee a copy of the summary description of the Plan in the form of the Summary Plan Description presented to this meeting, which form is hereby approved. The undersigned further certifies that attached hereto as Exhibits A and B, respectively, are true copies of BENEFLEX -COUNTY OF ROANOKE as amended and restated and the Summary Plan Description approved and adopted in the foregoing resolutions. M:\FINANCE\COMMON\BOARD\12.21.996.doc S-~ BENEFLEX- COUNTY OF ROANOKE SUMMARY PLAN DESCRIPTION .r... TABLE OF CONTENTS ,"~ ~~ I ELIGIBILITY 1. When Can I Become a Participant in the Plan? .....................................................................1 2. What Are the Eligibility Requirements for Our Plan? .................................................... -------? 3. When Is My Entry Date? ................................................................. ......................................2 4. Are There Any Employees Who Are Not Eligible? .............................................................. 2 5. What Must I Do to Enroll in the Plan? ..................................................... ............................. 2 II OPERATION 1. How Does This Plan Operate? ...............................................................................................2 III CONTRIBUTIONS 1. How Much of My Pay May the Employer Redirect? ............................................................3 2. How is My Compensation Measured Under Our Plan? .........................................................3 3. What Happens to Contributions Made to the Plan? ...............................................................3 4. When Must I Decide Which Accounts I Want to Uses 5. When Is the Election-Period for Our Plan? ........................................... .................................3 6. May I Change My Elections During the Plan Year? .............................................................4 7. May I Make New Elections in Future Plan Years? ................................................................4 IV BENEFITS 1. What Benefits Are Available? ............................................ .....................4 .............................. V BENEFIT PAYMENTS 1. When Will I Receive Payments From My Accounts? ...........................................................6 2. What Happens If I Don't Spend All Plan Contributions? ......................................................7 3. What Happens If I Terminate Employment? .........................................................................7 -~_-~ 4. Will My Social Security Benefits Be Affected? ................. .......,.,,,,,,,9 ................................... VI HIGHLY COMPENSATED AND KEY EMPLOYEES 1. Do Limitations Apply to Highly Compensated Employees? :................................................9 VII PLAN ACCOUNTING 1. Periodic Statements ................................................................................................................9 VIII GENERAL INFORMATION ABOUT OUR PLAN 1. General Plan Information .......................................................................................................10 2. Employer Information ............................................................................................................10 3. Plan Administrator Information .............................................................................................10 4. Service of Legal Process ........................................................................................................11 5. Type of Administration .......................................................................................................... l l IX ADDITIONAL PLAN INFORMATION 1. Claims Process ..................................................................... .................11 ................................. X SUMMARY S-~ BENEFLEX- COUNTY OF ROANOKE INTRODUCTION We have amended the "flexible benefits plan" that we previously established for you and other eligible employees. Under this program, you will be able to choose among certain benefits that we make available. The benefits that you may choose are outlined in this summary plan description. We will also tell you about other important information concerning the amended° Plan, such as the rules you must satisfy before you can join and the laws that protect your rights. One of the most important features of our Plan is that the benefits being offered are generally ones that you aze already paying for, but normally with money that has first been subject to income and Social Security taxes. Under our Plan, these same expenses will be paid for with a portion of your pay before Federal income or Social Security taxes aze withheld. This means that you will pay less tax and have more money to spend and save. Read this summary plan description carefully so that you understand the provisions of our amended Plan and the benefits you will receive. You should direct any questions you have to the Third Party Administrator or your Employer. There is a plan document on file which you may review if you desire. In the event there is a conflict between this summary plan description and the plan document, the Plan will control. Also, if there is a conflict between an insurance contract and either the plan document or this summary plan description, the insurance contract will control. ELIGIBILITY When Can I Become a Participant in the Plan? Before you become a member or a "Participant" in the Plan, there are certain rules which you must satisfy. First, you must meet the "eligibility requirements" After that,. the next step is to actually join the Plan on the "entry date" that we have established for all employees. You will also be required to complete certain application forms before you can enroll in the Health Care Reimbursement Plan or Dependent Care Assistance Account. 2. ~ ~~ What Are the Eligibility Requirements for Our Plan? You will be eligible to join the Plan as of your date of employment with us. Of course, if you were already a participant before this amendment, you will remain a participant. 3. When Is My Entry Date? Once you have met the eligibility requirements, your entry date will be the first day of the pay period coinciding with or following the date you met the eligibility requirements. _ " 4. Are There Any Employees Who Are Not Eligible? Yes, there are certain employees who aze not eligible to join the Plan. They are: -- Employees who are part-time. Apart-time employee is someone who works, or is expected to work, less than 17.5 hours a week. What Must I Do to Enroll in the Plan? Before you can join the Plan, you must complete an application to participate in the Plan. The application includes your personal choices for each of the benefits which are being offered under the Plan. You must also authorize us to set some of your earnings aside in order to pay for the benefits you have elected.. However, if you are already covered under any of the insured benefits, you will automatically participate in this Plan to the extent of your premiums unless during the "election period" you elect not to participate in this Plan. II OPERATION How Does This Plan Operate? Before the start of each Plan Year, you will be able to elect to have some of your upcoming pay contributed to the Plan. These amounts will be placed in special funds or accounts which must be set up for you in order to pay for the benefits you have chosen. The portion of your pay that is paid to the Plan is not subject to Federal income or Social Security taxes. In other words, this allows you to use tax-free dollars to pay for certain kinds of benefits and expenses which you normally pay for with out-of-pocket, taxable dollars. However, if you receive a reimbursement for an expense under the Plan, you cannot claim a Federal income tax credit or deduction on your return. 2 ~ -y III CONTRIBUTIONS How Much of My Pay May the Employer Redirect? Each year, for the premium payment benefits provided under this Plan we will automatically contribute on your behalf enough of your compensation to pay for the coverage provided. In addition, you may elect to pay for the benefits that you elect under the Plan. These amounts will be deducted from your pay over the course of the year. However, you may not have us contribute more than $10,000 each Plan Year. 2. How is My Compensation Measured Under Our Plan? Compensation under our Plan means the total cash amount that is paid to you each year. What Happens to Contributions Made to the Plan? Before each Plan Year begins, you will select the non-insured benefits you want and how much of the contributions should go toward each benefit. It is very important that you make these choices carefully based on what you expect to spend on each covered benefit or expense during the Plan Year. Later, they will be used to pay for the expenses as they arise during the plan Year. 4• When Must I Decide Which Accounts I Want to Use? You are required by Federal law to decide before the Plan Year begins, during the election period." You must decide two things. First, which benefits you want and, second, how much should go toward each benefit. If you are already covered by any of the insured benefits offered by this Plan, you will automatically become a Participant to the extent of the premiums for such insurance unless you elect, during the "election period," not to participate in the Plan. 5. When Is the "Election Period" for Our Plan? Your election period will start on the date you first meet the "eligibility requirements" and end 30 days after your "entry date." (You should review Section I on Eligibility to better understand the terms "eligibility requirements" and "entry date.") Then, for each following Plan Year, the election period is established by the Administrator and applied uniformly to all Participants. It will normally be a period of time prior to the beginning of each Plan Year. The Administrator will inform you each year about the election period. (See the Article entitled "General Information About Our Plan" for the definition of Plan Year.) 3 6. May I Change My Elections During the Plan Year? . ~J~ Generally, no: You cannot change the elections you have made after the beginning of the Plan Year. However, there are certain limited situations when you can change your elections. You are permitted to change if there is a change in your family status. Currently, Federal law considers the following events to be examples of a change in family status: -- You get married or divorced. -- You have a child or adopt one. -- Your spouse and/or child(ren) die(s). --,Your spouse commences or terminates employment. -- Your or your spouse's employment status changes from full-time to part-time or from part-time to full-time. -- You or your spouse take an unpaid leave of absence. -- Your spouse has a significant change in health coverage directly attributable to your spouse's employment. There may be other events which are considered to be a change in family status. Also, any election change must be consistent with the reason that such change was permitted. If you have a change in family status, you should contact your Employer, who will provide you with the required forms for changing your benefit elections. 7. May I Make New Elections in Future Plan Years? Yes, you may. For each new Plan Year, you may change the elections that you previously made. You may also choose not to participate in the Plan for the upcoming Plan Year. If you do not make new elections during the "election period" before a new Plan Year begins, we will consider that to mean you have elected not to participate for the upcoming Plan Year. IV BENEFITS What Benefits Are Available? Under our Plan, you can choose to receive your entire compensation in cash or use a portion to pay for the following benefits or expenses during the year: 4 Health Care Reimbursement Plan: The Health Gaze Reimbursement Plan enables you to pay for expenses which aze not covered by our medical plan and save taxes at the same time. The account allows you to be reimbursed by the Employer for out-of-pocket medical, dental and vision expenses incurred by you and your dependents. The expenses which qualify aze those permitted by Section 213 of the Internal Revenue Code. A list of covered expenses is available from the Third Party Administrator. You may not, however, be reimbursed for the cost of other health care coverage maintained outside of the Plan, or for long-term caze expenses. The most that you can contribute to your Health Care Reimbursement Plan each Plan Year is $5,000. In order to be reimbursed for a health care expense, you must submit to the Third Party Administrator an itemized bill from the service provider. Amounts reimbursed from the Plan may not be claimed as a deduction on your personal income tax return. Reimbursement from the fund shall be paid at least once a month. Dependent Care Assistance Account: The Dependent Care Assistance Account enables you to pay for out-of-pocket, work-related dependent day-caze cost with pre-tax dollars. If you are married, you can use the account if you and your spouse both work or, in some situations, if your spouse goes to school full-time.- Single employees can also use the account. An eligible dependent is any member of your household for whom you can claim expenses on Federal Income Tax Form 2441 "Credit for Child and Dependent Care Expenses." Children must be under age 13. Other dependents must be physically or mentally unable to care for themselves. Dependent Care arrangements which qualify include: -- A Dependent (Day) Care Center, provided that if caze is provided by the facility for more than six individuals, the facility complies with applicable state and local laws. -- An Educational Institution for pre-school children. For older children, only expenses for non-school care are eligible. -- An "Individual" who provides caze inside or outside your home. The "Individual" may not be a child of yours under age 19 or anyone you claim as a dependent for Federal tax purposes. You should make sure that the dependent care expenses you are currently paying for qualify under our Plan. The law places limits on the amount of money that can be paid to you in a calendar yeaz from your Dependent Care Assistance Account. Generally, your reimbursements may not exceed the lesser of: (a) $5,000 (if you are married filing a joint return or you are head of a household) or $2,500 (if you aze married filing separate returns); (b) your taxable compensation; (c) your spouse's actual or deemed earned income (a spouse who is a full time student or incapable of caring for himself/herselfhas amonthly earned income of $200 for one 5 .~ dependent or $400 for two or more dependents). Also, in order to have the reimbursements made to you from this account be excludable from your income, you must provide a statement from the service provider including the name, address, and in most cases, the taxpayer identification number of the service provider on your tax form for the year, as well as the amount of such expense as proof that the expense has been incurred. In addition, Federal tax laws permit a tax credit for certain dependent care expenses you may be paying for even if you are not a Participant in this Plan. You may save more money if you take advantage of this tax credit rather than using the Dependent Care Assistance Account under our Plan. Ask your tax adviser which is better for you. _ .. Premium Expense Account: A Premium Expense Account allows you to use tax-free dollars to pay for certain premium expenses under various insurance programs that we offer you. These premium expenses include: -- Health care premiums under our self-funded medical plan. -- Dental insurance premiums. Under our Plan, we will establish sub-accounts for you for each different type of coverage that is available. Also, certain limits on the amount of coverage may apply. Your Employer may terminate or modify Plan benefits at any time, subject to the provisions of any contracts providing benefits described above. Also, your coverage will end when you leave employment, are no longer eligible under the terms of any coverage, or when coverage terminates. Any benefits to be provided by insurance will be provided only after (1) you have provided your Employer the necessary information to apply for insurance, and (2) the insurance is in effect for you. V BENEFIT PAYMENTS When Will I Receive Payments From My Accounts? During the course of the Plan Year, you may submit requests for reimbursement of expenses you have incurred. Expenses are considered "incurred" when the service is performed, not necessarily when it is paid for. Your Employer will provide you with acceptable forms for submitting these requests for reimbursement. If the request qualifies as a benefit or expense that the Plan has agreed to pay, you will receive a reimbursement payment soon thereafter. Remember, these reimbursements which are made from the Plan are generally not subject to federal income tax or withholding. Nor aze they subject to Social Security taxes. The provisions 6 of the insurance contracts will control what benefits will be paid and when. You will only be reimbursed from the Dependent Care Assistance Account to the extent that there are sufficient funds in the Account to cover your request. 2. What Happens If I Don't Spend All Plan Contributions? Any monies left~at the end of the Plan Year will be forfeited. Obviously, qualifying expenses that you incur late in the Plan Year for which you seek reimbursement after the end of such Plan Year will be paid first before any amount is forfeited. However, you must make your requests for reimbursement no later than 90 days after the end of the Plan Year. Because it is possible that you might forfeit amounts in the Plan if you do not fully use the contributions that have been made, it is important that you decide how much to place in each account carefully and conservatively. Remember, you must decide which benefits you want to contribute to and how much to place in each account before the Plan Year begins. You want to be as certain as you can that the amount you decide to place in each account will be used up entirely. What Happens If I Terminate Employment? If you leave our employ during the Plan Year, your right to benefits will be determined in the following manner: -- You will remain covered by insurance, but only for the period for which premiums have been paid prior to your termination of employment. -- You will still be able to request reimbursement for qualifying dependent care expenses for the remainder of the Plan Year from the balance remaining in your dependent care account at the time of termination of employment. However, no further salary redirection contributions will be made on your behalf after you terminate. -- You may elect to continue your participation in the Health Care Reimbursement Plan for the remainder of the Plan Year. -- If you elect to continue your participation in the Health Care Reimbursement Plan, you must continue to make any required contributions to the Plan. -- If you elect not to continue participation in the Health Care Reimbursement Plan, participation will cease and no further salary redirection contributions will be contributed on your behalf. -- If your participation in the Health Care Reimbursement Plan ceases, you will be able to submit claims for health care expenses incurred prior to your date of termination. Under Federal law, you, your spouse, and your dependents may be entitled to continuation of health care coverage. Your Employer will inform you of these rights if you 7 terminate employment. Generally, if we (and any related companies) employed twenty (20) or more employees "on a typical business day" in the preceding calendar year, health plan continuation must be made available for a period not to exceed eighteen (18) months if a loss of benefits occurs because of your termination of employment or reduction of hours, or for a period not to exceed three (3) years for any of the other reasons given in (b) and (c) below. Under certain circumstances, persons who are disabled at the time of termination of employment or reduction in hours or within the first 60 days of COBRA coverage may be eligible for continuation of coverage for a total of 29 months (rather than 18). You should check with your Employer for more details regazding this extended coverage. However, in certain circumstances, this continuation coverage may be terminated for reasons such as failure to pay continuation coverage cost, coverage under another employer's plan (whether as an employee or otherwise, provided the other employer's health plan does not contain any exclusion or limitation with respect to any pre-existing condition of the beneficiary unless the pre-existing condition limit does not apply to, or is satisfied by, the qualified beneficiary by reason of the group health plan portability, access and renewability requirements of the Health Insurance Portability and Accountability Act, ERISA or the Public Health Services Act), termination of our health plan, or you (or the person entitled to continued coverage) become entitled to Medicare benefits. However, if you become entitled to Medicaze benefits, your dependents may still qualify for continuation coverage. The cost of continuation coverage must be paid by the individual choosing such coverage; however, the cost may not exceed 102% of the cost of the same coverage fora "similarly situated" employee or family member. When the continuation coverage for a disabled person is extended from 18 months to 29 months, the disabled person may be charged 150% (rather than 102%) of the cost of the coverage after expiration of the initial 18-month period. (a) If you would otherwise lose your health plan coverage under this Plan because of a termination of employment or reduction in hours, you may continue the health plan coverage provided under this Plan. However, this will not be atax-deductible expense to you, absent unusual circumstances. (b) Your spouse may choose continuation coverage for himself or herself if he or she loses group health coverage for any of the following reasons: (1) your death; (2) your divorce or legal separation; or (3) you become entitled to Medicaze. (c) Your dependent children, including a child born to or placed for adoption with the Participant during the period of COBRA coverage, may choose continuation coverage for themselves if they lose group health coverage for any of the following reasons: (1) death of a parent; (2} your divorce or legal sepazation; (3) you become entitled to Medicaze; or (4) your dependent ceases to be a dependent child under the Plan. It is your responsibility to notify your Employer of a divorce, legal sepazation or other change in marital status, change in a spouse's address, or a child losing dependent status under the plan, within sixty (60) days of the event. It is our responsibility to notify the Plan Third Party Administrator of your death, termination of employment or reduction in hours, or Medicare eligibility. 8 J "'~ 4. Will My Social Security Benefits Be Affected? Your Social Security benefits may be slightly reduced because when you receive tax-free benefits under our Plan, it reduces the amount of contributions that you make to the Federal Social Security system as well as our contribution to Social Security on your behalf. VI HIGHLY COMPENSATED AND KEY EMPLOYEES Do Limitations Apply to Highly Compensated Employees? Under the Internal Revenue Code, "highly compensated employees" and "key employees" generally are Participants who are off cers, shareholders or highly paid. You will be notified by your Employer each Plan Year whether you are a "highly compensated employee" or a "key employee." If you are within these categories, the amount of contributions and benefits for you may be limited so that the Plan as a whole does not unfairly favor those who are highly paid, their spouses or their dependents. Federal tax laws state that a plan will be considered to unfairly favor the key employees if they as a group receive more than 25% of all of the nontaxable benefits provided for under our Plan. Plan experience will dictate whether contribution limitations on "highly compensated employees" or "key employees" will apply. You will be notified of these limitations if you are affected. VII PLAN ACCOUNTING Periodic Statements The Third Perry Administrator will provide you with a statement of your account periodically during the Plan Year that shows your account balance. It is important to read these statements carefully so you understand the balance remaining to pay for a benefit. Remember, you want to spend all the money you have designated for a particular benefit by the end of the Plan Year. 9 ,,." ~..~' VIII GENERAL INFORMATION ABOUT OUR PLAN This Section contains certain general information which you may need to know about the Plan. 1. General Plan Information BENEFLEX- COUNTY OF ROANOKE is the name of the Plan. Your Employer has assigned Plan Number 501 to your Plan. The provisions of your amended Plan become effective on 7/1/99. Your Plan was originally effective on 7/1/89. Your Plan's records are maintained on a twelve-month period of time. This is known as the Plan Yeaz. The Plan Year begins on 7/1 and ends on 6/30. 2. Employer Information Your Employer's name, address, and identification number are: COUNTY OF ROANOKE 5204 BERNARD DRIVE ROANOKE ,VIRGINIA 24018 54-6001572 3. Plan Administrator Information The name, address and business telephone number of your Plan's Third Party Administrator aze: TIRGON ADMINISTRATORS, INC. 7130 GLEN'FOREST DRIVE RICHMOND, VIRGINIA 23226 (800) 55 i -1961 The Third Party Administrator keeps the records for the Plan and is responsible for the administration of the Plan. The Third Party Administrator will also answer any questions you may have about our Plan. You may contact your Employer or the Third Party Administrator for any further information about the Plan. 10 ..~ ,.,.. ~~ 4. Service of Legal Process The name and address of the Plan's agent for service of legal process are: COUNTY OF ROANOKE 5204 BERNARD DRIVE ROANOKE ,VIRGINIA 24018 5. Type of Administration The type of Administration is Third Party Administration. IX ADDITIONAL PLAN INFORMATION Claims Process You should submit reimbursement claims during the Plan Yeaz, but in no event later than 90 days after the end of a Plan Yeaz. Any claims submitted after that time will not be considered. Claims for benefits that are insured or self-funded will be reviewed in accordance with procedures contained in the policies. All other general claims or requests should be directed to the Third Pazty Administrator of our Plan. If anon-insured claim under the Plan is denied in whole or in part, you or your beneficiary will receive written notification. The notification will include the reasons for the denial, with reference to the specific provisions of the Plan on which the denial was based, a description of any additional information needed to process the claim and an explanation of the claims review procedure. If we fail to respond within 90 days, your claim is treated as denied. Within 60 days after denial, you or your beneficiary may submit a written request for reconsideration of the application to the Third Party Administrator. Any such request should be accompanied by documents or records in support. of your appeal. You or your beneficiary may review pertinent documents and submit issues and comments in writing. The Third Party Administrator will review the claim and provide, within 60 days, a written response to the appeal. (This period may be extended an additional 60 days under certain circumstances.) In this response, the Third Party Administrator will explain the reason for the decision, with specific reference to the provisions of the Plan on which the decision is based. The Third Party Administrator has the exclusive right to interpret the appropriate plan provisions. Decisions of the Third Party Administrator are conclusive and binding. 11 - ~1 J --~ x SUMMARY The money you earn is important to you and your family. You need it to pay your bills, enjoy recreational activities and save for the future. Our flexible benefits plan will help you keep more of the money you earn by lowering the amount of taxes you pay. The Plan is the result of our continuing efforts to. find ways to help you get the most for your earnings. If you have any questions, please contact your Employer or the Third Party Administrator. 12 `~~~ A-122199-10.e ,,. ACTION NO. ITEM NO. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: December 21, 1999 AGENDA ITEM: Donation of a 30' public access trail and greenway easement across a 5.86- acreparcel of land (Tax Map No. 77.05-5-16) by David G. Sult and Melanie R. Sult to the Board of Supervisors of Roanoke County COUNTY ADMINISTRATOR'S COMMENTS: SUNIlVIARY OF INFORMATION: This consent agenda item involves acceptance of the following easement conveyed to the Board of Supervisors for public access trail and greenway purposes on property located near Garst Mill Park in the Windsor Hills Magisterial District of the County of Roanoke: a) Donation of a perpetual thirty-foot (30') public access trail and greenway easement generally running parallel with Halevan Road along the southerly boundary and parallel with Garst Mill Road along the easterly boundary of a 5.86 acre parcel of land being the remaining acreage shown on the Map of Southwoods, Plat Book 6, page 1, subject to the minor encroachment of the existing "barn" structure on the property, from David G. Sult and Melanie R. Sult (Deed Book 1626, page 1088; Tax Map No. 77.05-5-16), as shown on a plat dated December 14, 1999, prepared by Balzer & Associates, a copy of which is attached hereto as Exhibit A. The location and dimensions of the easements have been reviewed and approved by County Community Development staff. STAFF RECOMMENDATION: Staff recommends acceptance of the easement. r .....~ Respectfully submitted, Vickie . Huffm Assistant County Attorney ACTION Approved (x) Denied ( ) Received ( ) Referred ( ) To ( ) Motion by: Bob L. Johnson to approve cc: File Vickie L. Huffman, Assistant County Attorney John Birckhead, Director, Real Estate Assessment Pete Haislip, Director, Parks & Recreation VOTE No Yes Johnson _ x Harrison _ x McNamara_ x Minnix _ x Nickens x Abs C7 4 BLOCK 2 a' s °~j"W°°°5 II \ ~ N78'42'00"E 3.00 \ ~p0 ~ 1 10.46' .Z08`S ~ ~! / ~ ~ 0 11A;y5 _ z ~~I~O.~ / ~~~ ~~ w Lj III ~ . 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I r v ~L N ~ t•l W O o I I z I c0 `',~ ~ ~v` o I I cA O ~- ~ I I ~~ ~ I I 0 O U to N ~e,~l ~b~ s °£ ^~± Nl 1'~ ~ M % X. ~ ~ 9~ / ~ ~ ~ .S6'Z9Z M..00, l b.C8S L M ~ a~0~ N ~~ .OS d/~31b'H 2 0 ,uy ~ i u ~ U i ~ ' YQ <_ f u ~ o Z m u ~ c O Z ~ ~ ~ ,`u O i ~ i U O ~ ~ Z ~- ~ a ~ ~ ~ ~~ w U O ~ W H p N Q ~OZ ~ p ~ N 2' w OwJC~~N_ S(1N w ~ Z a w JOO O C7a~~p0 Ow~Ja 3a~>.-rn° O>° O ~ d~ II ~ O ~ I-- U~Z =~cO F- a z~~a~Z Na~owm~ a C7 m - W y yo `J d ~ p~ J ~ Om ~ Z ~ Ol \ t-~ ~WhO ~ = ~U U c~wN w g=Zwm~ w O w ~ ~ x o ~ a~a00 O w w O ~ a = °~ U Zw V oZ r~ O F ~' ~ Z o Q w~ ~ Z 3 w m W a o U G~ I A o ~Z (S' .~ p N ~ ~Y ~yJN 4 a O~ 7 = u W Q ~ V7 O ~ ~n ~ O o ^ M O ~ ~ oN i ~ c r ~'~O~ N ~a~i J6 z o N~ o ~.y O Z v U v W i ' ,rY Q 3 3 '8 Z o o n. p .O .~ N m U ~ •1 O Z Z W m Z J J J ~ ~ 0 ~~ ww ga a w~ ~ N W O ~ Z Q ~ J Y U O ~ U om~~ 1 N OW~~ °^~ D .. ^ J W' U U w ~ ~ w g o WW=~ owzo ~a W J ~ W Z a ~ W 3 W Q Z ~.oJr~ O z ~ ci Ni a ~.. 5 A-122199-10.f ACTION # ITEM NUMIiER~ j tp MEETING DATE: December 21, 1999 AGENDA ITEM: Adjustment of Appropriation of School Phase I Budget Surplus COUNTY ADMINISTRATOR'S COMMENTS: ~i `~~~yn~-+,~e,~ SUMMARY OF INFORMATION: At the November 9, 1999 meeting, the Board of Supervisors appropriated $475,000 of the projected excess funds from three projects in the School Board Phase 1 Capital Plan. At that time, the schools estimated remaining funds of $71,962 for Clearbrook Elementary, $71,733 for Burlington Elementary, and $407,618 for Bonsack Elementary. As a result of more complete information, the following funds are actually available and have been reserved in the Phase 1 School Capital budget: $71,962 Unappropriated balance - Clearbrook Elementary 71,733 Unappropriated balance -Burlington Elementary 308,000 Unappropriated balance -Bonsack Elementary 45$ 1,695 Total available for other Blue Ribbon projects The appropriation for the school year-end balance should be modified to reflect the actual amount of funds available ($451,695) moving to the Phase [unappropriated balalnce, rather than the projected amount of $475,000. STAFF RECOMMENDATION: Staff'recommends approving the above modification to the November 9, 1999 appropriation of Phase I budget surpluses ~J .CCcm~ ~. ~~x2-t~.~ Diane D. Hyatt Director of Finance --------------------- Approved (x) Denied ( ) Received ( ) Referred ( ) To ( ) ACTION Elmer C. Hodge County Administrator ------------------ VOTE No Yes Abs Motion by: Bob L. Johnson to approve cc: File Diane D. Hyatt, Director, Finance Dr. Deanna Gordon, School Superintendent Brenda Chastain, Clerk, School Board Johnson _ x _ Harrison _ x _ McNamara_ x _ Minnix _ x _ Nickens x ..J -"" ~/ THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, IN REGULAR MEETING ON THE 21sth DAY OF DECEMBER, 1999, ADOPTED THE FOLLOWING: RESOLUTION 122199-10.g REQUESTING ACCEPTANCE OF CARELTON DRIVES, RIPLEY STREET AND A PORTION OF INNSBROOKE DRIVE INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY SYSTEM WHEREAS, the street described on the attached Additions Form SR-5(a), fully incorporated herein by reference, are shown on plats recorded in the Clerk's Office of the Circuit Court of Roanoke County, and WHEREAS, the Resident Engineerforthe Virginia Department of Transportation has advised this Board that the street meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation, and WHEREAS, the County and the Virginia Department of Transportation have entered into an agreement on March 9, 1999, for comprehensive stormwater detention which applies to this request for addition, NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia Department of Transportation to add the street described on the attached Additions Form SR-5(A) to the secondary system of state highways, pursuant to §33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements, and BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted right- of-way, as described, and any necessary easements for cuts, fills and drainage, and BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. Recorded Vote Moved By: Supervisor Johnson Seconded By: None Required Yeas: Supervisors McNamara. Minnix, Harrison, Nickens, Johnson Nays: None Absent: None A Copy Test Brenda J. H Iton, CMC Deputy Clerk to the Board of Supervisors cc: File Arnold Covey, Director, Engineering & Inspections Virginia Department of Transportation a U W x ~ O m z E ~ U ~+ Q e O L E 2 c ~, m 5 N ^ ~ W a a ~ ~ W ~ O y ~..7 `o z v H z ~ x a -°y Y ~ U o ~ _ ~ ~ o L ~ u E R < Z. M ~ ^ ~I s .. {I?-u~~-, fV n < ~ c Y, Y C N O v O n ~ ~ J C 2S ~ . ~ ~ ~ ~ ~ ~ O ~ ~ a N p O - ~t < U O O O O S 0 r a z a 3 ~ O O O Q ~ u'~ ire ~r1 ~ ~ ~ 0 O~f a a ~ m ID a ~ m CT a a m ~ a a m O a a m Q~ o a m 6 a a d ~ c ' A oo H oo ~ aD a ~ ~ ~ ~ ¢1 ,; C ~ m m b m 9 U ~ ~ D O D O ~ '-~ ~ r ~ •~ ~O ~ ~O ~ l0 iI1 < O ~ ~ ~ H3 ~ ~ ~ v1 m m /~G, 7 y n m m m ~ m O ~ m a m O D ~ O Q D D c ~ a v m . H b H ~ ~ ~ ~ b ~ 'o V ~ V ~ a > b a FF a ~ ~ FF d n b O ~ ~ O ~ O a ~ ti ~°- 2 b ti F°- a ~ r a ~i ~°- a u`, '°- d ii ~°- C ~ r°- d x a ~ W ~ D H L ° n: x W - S Q O W GG ~ z O ~ ~ = ~ O Chi I--I ~ a 3 ~ H ~ ~, ~ w z ~ W d ~ Z ~ H ~ H o U P'.. Z ~ N C1 ~ I N t0 I ~` 0 o ~ n a o a U } ~ `.] E m ~ ~ ~ ~ ~~ ~ ° V O a O a < m _..J- U - ~, $ 4 ~- v -- C v r- c L~ ~~ CARELTON DRIVE - from Red Lane Extension to its intersection with Innsbrooke Drive. Length.w____~_w _0.241 miles R/W Width ._~____ ~._..~__.50' Road Width._~ .38' Service._ _~ Connector INNSBROOKE DRIVE - from intersection with Corelton Drive to its intersection with Ripley Street. Length ______~_ .0.074 miles R/W Width .._______ ~-_____.50' Road Width.__ ~_....~r...38' Service __ _. Connector RIPLEY STREET - from intersection with Innsbrooke Drive to its inter- section with Mountain Heights Drive. Length_ ____.0.089 miles R/W Width. _..._____.50' Road Width.~N ~_ ~.38' Service. ~~. Connector Road Acceptance for HANGING ROCK ESTATES prepared by Roanoke Countv. Deat. of Community Developmen ACTION NUMBER ITEM NUMBER "`~''~"" I` AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: December 21, 1999 AGENDA ITEM: Acceptance of Carelton Drive ,Ripley Street and a portion of Innsbrooke Drive into the Virginia Department of Transportation Secondary Road System. COUNTY ADMINISTRATOR'S COMMENTS: U ~~''~"~.a•.~ SUMMARY OF INFORMATION: Hanging Rock Estates, L.L.C., the developer of Hanging Rock Estates subdivision, requests that the Roanoke County Board of Supervisors approve a resolution to the Virginia Department of Transportation requesting that they accept 0.241 miles of Carelton Drive from its intersection with Red Lane Extension to its intersection with Innsbrooke Drive, 0.074 miles of Innsbrooke Drive from its intersection with Carelton Drive to its intersection with Ripley Street, and that they accept 0.089 miles of Ripley Street from its intersection with Innsbrooke Drive to its intersection with Mountain Heights Drive. Staff from the Department of Community Development has inspected this road along with representatives of the Virginia Department of Transportation and find that the road is acceptable. FISCAL IMPACT: No County funding is required. RECOMMENDATIONS: The Department of Community Development recommends that the Board of Supervisors approve a resolution to VDOT requesting that they accept Carelton Drive, Ripley Street and a portion of Innsbrooke Drive into the Secondary Road System. 1 .>~ SUBMITTED BY: Arnold Covey, Director Department of Community Devel ACTION Approved ()Motion by: Denied ( ) Received ( ) Referred ( ) To ( ) nt APPROVED BY: ~~~~ Elmer C. Hodge County Administrator VOTE No Yes Abs Harrison Johnson McNamara Minnix _ Nickens 2 -s--~ THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, IN REGULAR MEETING ON THE 21sth DAY OF DECEMBER, 1999, ADOPTED THE FOLLOWING: RESOLUTION REQUESTING ACCEPTANCE OF CARELTON DRIVES, RIPLEY STREET AND A PORTION OF INNSBROOKE DRIVE INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY SYSTEM WHEREAS, the street described on the attached Additions Form SR-5(a), fully incorporated herein by reference, are shown on plats recorded in the Clerk's Office of the Circuit Court of Roanoke County, and WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised this Board that the street meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation, and WHEREAS, the County and the Virginia Department of Transportation have entered into an agreement on March 9, 1999, for comprehensive stormwater detention which applies to this request for addition, NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia Department of Transportation to add the street described on the attached Additions Form SR-5(A) to the secondary system of state highways, pursuant to §33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements, and BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted right- of-way, as described, and any necessary easements for cuts, fills and drainage, and BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. Recorded Vote Moved by: Seconded by: Yeas: Nays: A Copy Teste: Mary Allen, CMC/AAE Clerk to the Board of Supervisors pc: Arnold Covey, Director, Department of Community Development Virginia Department of Transportation File L~ ~~ CARELTON DRIVE - from Red Lone Extension to its intersection with Innsbrooke Drive. Length ._~__~_~__ __0.241 miles R/W Width.._____ _____.50' Road Width._ _ .38' Service. ___._ Connector INNSBROOKE DRIVE - from intersection with Corelton Drive to its intersection with Ripley Street. Length _~ _.0.074 miles R/W Width. _____~_.50' Road Width ._~__.__ ....._.. 38' Service. __Connector RIPLEY STREET - from intersection with Innsbrooke Drive to its inter- section with M ountain Heights Drive. Length. __ __........0.089 miles R/W Width. _ __.50' Road Width.~ ~~ .38' Service. Connector Road Acceptance for HANGING ROCK ESTATES prepared by Roanoke County. Deot. of Community Developmen ~I `o U ~~ W x = O m ~ ~ O U ~ ¢S y a 0 O Y/ C O U a 0 m & _ E r _O ~ ~ = m O h 0 ~ ~ w v ~ H Q ~ ~ H $ ~ I d ~ W 'i O ~ ~G i, a U O ~ ~~' L Q a I ffl LJ o z' ~ ~ ~ ~n ~ z ~ ~ x Cn ~ ~ c O ~ o ~ Y j L ~U Q ~ ~ F- ~ O ~ r ~ ~ ~ R Q t Z c%i I'~rnj/~~^~ 0 .r lJ ~) ~ h~ O C c v-, > v~ z O W O nl a ~ m ~ ' e c ~ ~ ~ ~ ~ ~ t N n O O O ~ v ~ < U O O O O O r ~' z a 3 U 3 v ~ O O O ~ ~ in ~ ~ ~ e a a° m a ~ m ca a m a a ° a° a m o a f m a a m ~ c o ~ { W 00 W H oo ~ oo a H c c4 Q ~ ~ o ~ ~ Z F C ~ ~ ~ 9 6 y U E D ~ o 0 0 0 0 o b ~ Q H n fC]r47 ~ v p ~ ~ ~ ~ ~ ~f'1 < `p ~O ~O u1 $ z m H H H m 'm U ~ m ~ o m m ~' 0 ~ ~ CJ Q ~ ~ C > m ^~ tt a +~ 61 O y m C tl ~..~ ~ f-{ ~ H ~ ~ ~ ~ b o b o FF b ~ a ~ ~ o ~ ~ ~ a ~ o ~ c ~ a S a F b p ~ e i ~i o ~- d u= o i-- a ~i a r- a ~i c f- a ~L ~- a l ~i r n. S r d x a w ~ ~ H H W W ~ ~ Q O W ~ ° ~ z ° H " ' ~ , ~ e V O ..nn . r v F~`y W V ~ m a ~ A W ~ w a Z ~ z a o U H GG ~ ~ z I I ~ ~ ~ I N ~ ' ^ Z J-`1 a v m a U r E Z ~ lil ~ ~ U m C ~- 'o r O a z n ~ 9 U r V C. A U L r v_ r = c s~ A-122199-10 . h ACTION NO. ITEM NUMBER: ,,.~ r- . AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA AT THE ROANOKE COUNTY ADMINISTRATIVE CENTER MEETING DATE: December 21, 1999 AGENDA ITEM: Request acceptance of Department of Motor Vehicles (DMV) mini-grant for child safety seats. COUNTY ADMINISTRATOR'S COMMENTS: G~~~ti~~t BACKGROUND: The Roanoke County Police Department is in need of an array of child safety seats to conduct child safety seat inspections. The Division of Motor Vehicles has agreed to provide the Department with funding to purchase the child safety seats. SUMMARY OF INFORMATION: The Traffic Unit of the Police Department is actively providing inspections for occupant protection. Part of the inspections includes a review of the type and installation of child safety seats. There are approximately 14 different styles available on the market and this funding would go to obtain the various models for demonstration and inspection purposes. FISCAL IMPACT: The DMV has indicated $1500.00 is available in grant funds and no matching funds are required. The grant period begins October 1, 1999 and runs through September 30, 2000. -. • ...+~ ~.~ ~' ~ ~, STAFF RECOMMENDATION: The staff recommends acceptance of the mini-grant from DMV in the amount of $1500.00. SUBMITTED BY: APPRO ED: ~~,'' of of Polic County Administrator ------------------------------------------------------------------------------------------------------------------ ACTION VOTE No Yes Abs Approved (x) Motion by: Bob L. Johnson to approve Johnson _ x _ Denied () Harrison _ x _ Received () McNamara_ x _ Referred () Minnix _ x _ To () Nickens x cc: File Ray Lavinder, Chief of Police Diane D. Hyatt, Director, Finance ., A-122199-10 . i ACTION NO. ITEM NUMBER: - , AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA AT THE ROANOKE COUNTY ADMINISTRATIVE CENTER MEETING DATE: December 21, 1999 AGENDA ITEM: Request acceptance of a Division of Motor Vehicles (DMV) mini-grant for upgrading the radar unit in the speed monitoring trailer. COUNTY ADMINISTRATOR'S COMMENTS: ~~tintiG~ BACKGROUND: The Roanoke County Police Department applied for amini-grant to purchase a radar unit to enhance the effectiveness of its speed monitoring trailer. The current radar unit used to collect data is in need of repair and its ranging ability is declining. There are no matching funds required for this mini-grant. The total grant awarded was $1,250.00. SUMMARY OF INFORMATION: The speed monitoring trailer was built to support County operations by providing the Department with a tool for assessing traffic complaints in specific areas. When construction began on the trailer in 1998, existing radar units were incorporated into the structure. Since that time, through use and age, the performance of this radar unit has decreased significantly. The costs associated with repairing the antenna are nearly equal to purchasing a new replacement. FISCAL IMPACT: The grant period is from November O1, 1999 through October 31, 2000. $1,250.00 was awarded requiring no matching funds. :~ ~' .~ STAFF RECOMMENDATIONS: The staff recommends acceptance of the mini-grant from DMV. APPROVED: SUBMITTED BY: ~/~~ `,---_ of of Police County Administrator Approved (x) Denied ( ) Received ( ) Referred ( ) To ( ) ACTION VOTE No Yes Abs Motion by: Bob L. Johnson to approve Johnson _ x _ Harrison _ x _ McNamara_ x _ Minnix _ x _ Nickens x cc: File Ray Lavinder, Chief of Police Diane D. Hyatt, Director, Finance A-122199-10 . j ACTION NO. ITEM NUMBER: ~' • AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA AT THE ROANOKE COUNTY ADMINISTRATIVE CENTER MEETING DATE: December 21, 1999 AGENDA ITEM: Request acceptance of Division of Motor Vehicles (DMV) mini- grant for Passive Alco-Sensors. COUNTY ADMINISTRATOR'S COMMENTS: BACKGROUND: The Police Department was advised of Passive Alco-Sensor Units suitable for use in sobriety checkpoints. These Passive Units are built into a regular flashlight, and are capable of measuring a person's blood alcohol content by sampling the area surrounding the driver. These units would provide the Department with another tool to enhance highway safety. SUMMARY OF INFORMATION: The Division of Motor Vehicles has agreed to provide the Department $1,230.00 for the purchase of two Passive Alco-Sensor Lights. The grant period is from January 1, 2000 through December 31, 2000. FISCAL IMPACT: This mini-grant of $1,230.00 will cover the costs associated with the purchase of two Passive Light Alco-Sensors. No matching funds are required. r ~~~~ STAFF RECOMMENDTION: The staff recommends acceptance of the mini-grant from DMV. SUBMITTED BY: APPROV D: _ Z„-- ef of Poli e County Administrator ACTION VOTE No Yes Abs Approved (x) Motion by: Bob L Johnson to approve Johnson _ x _ Denied () Harrison _ . x Received () McNamara- x Referred () Minnix _ x _ To () Nickens _ x cc: File Ray Lavinder, Chief of Police Diane D. Hyatt, Director, Finance a A-122199-10 . k ACTION NO. ITEM NO. ~*~'~"' AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: December 21, 1999 AGENDA ITEM: DONATION OF STORM DRAINAGE EASEMENTS ON PROPERTY OWNED BY JEAN B. PATTERSON (TAX MAP NO. 61.19-10-24) AND LAVERNE JACK DEMPSEY AND HELEN R. DEMPSEY (TAX MAP NO. 61.19-10-21) IN THE VINTON MAGISTERIAL DISTRICT TO THE BOARD OF SUPERVISORS OF ROANOKE COUNTY. COUNTY ADMINIST ATOR'S COMMENTS: ~~ These consent agenda items involve acceptance of the following easements conveyed to the Board of Supervisors for storm drainage purposes in connection with Drainage Project P-240, Missimer Court, Crofton Subdivision, Vinton Magisterial District of the County of Roanoke: a) Donation of storm drainage easement, of variable width, from Jean B. Patterson, property owner, (Tax Map No. 61.19-10-24) as shown on the map attached hereto (Exhibit "A"). b) Donation of storm drainage easement, of variable width, from Laverne Jack Dempsey and Helen R. Dempsey, property owners, (Tax Map 61.19-10-23) as shown on the map attached hereto (Exhibit "A"). The County's engineering staff has reviewed and approved the location and dimensions of these easements. Staff recommends acceptance of these easements. 1 3-y SUBMITTED BY: i'. ~ 1 ~~ Arnold Covey, Director Department of Community Deve pment APPROVED BY: ~~~?~ Elmer C. Hodge County Administrator ------------------------------------------------------------------------------------------------------------------ ACTION VOTE No Yes Abs Approved (x) Motion by: Bob L. Johnson to approve Johnson _ x _ Denied () Harrison _ x _ Received () McNamara_ x _ Referred () Minnix _ x _ To () Nickens x cc: File Arnold Covey, Director, Community Development 2 -r-~ ~ `N MERIDIAN"~~C110N P.B. 7. PG 18 TAX #71.07-i-33 PROPERTY OF ~'( JOSEPH BIBS ~ti' & JOSEPHINE BIBS D.B. 1193, PG. 1774 ~~ z„ ~,,. EXIST. ~~~ IRON PIN ~/~ EXIST. 16' PUBLIC UTILITY EASEMENT (P.B. 7, PG. 18) LOT '24 / TAX #61.19-10-21 PROPERTY OF / MICHAEL W. HOLDREN D.B. 1559, PG. 1746 ~ ~~ T. 16' PUBLIC UTILITY EASEMENT (P.B. 7, PG. 18) N 07'41'38" E 107.48' _ - - .: ~: ~ /, ~ o ~ NEW 15 ~ I DRAINAGE EASEMENT S \ S~ ate. ~ moo. EXIST. 10' ~~ PUBLIC UTILITY \ EASEMENT (P.B. 7, PG. 18) ~i~ ~iS- LOT 27 TAX #61.19-10-24 PROPERTY OF JEAN B. PATTERSON D.B. 1246, PG. 465 ~"~ EXIST. 10' SEWER EASEMENT EXIST. pR~~1NG I I (P.B. 7, PG. 18) & FRAME \ \ I I SLOT 26 LOT 25 TAX #61.19-10-23 I TAX X61.19-10-22 PROPERTY OF I PROPERTY OF ~4VERNE JACK DEMPSEY BETTY L. AYERS ~/ & HELEN R. DEMPSEY D.B. 1396, PG. 212 D.B. 1252, PG. 1004 EXIST. 25' MINIMUM / ~ _ BUILDING LINE ~/ ~ MISSIM~ERWCIRCLE LANE (P.B. 7, PG. 18) TO MISSIMER NEW 15 DRAINAGE EASEMENT COR. BEARING DIST. 1-2 N 3830'10` W 36.85' NOIES LlTJ191D '~- FENCE D B. DEED BObYC P.d PLAT BOLW R/W R/Q5/T OF WAY 1. 7H/S PLAT /S BASED AN A LX/RRENT f7ELD 57JRVFY. 2. 7N/S PLAT WAS, PREPARQ7 Nl1H 7Hf BENEf1T Ole A UM/7FD A7LE REPQ4T PREPARED BY MAR7/N, Hq°K/NS dr LEMA1; P.G, DAIED 8 /ANUARY 1987 A/ROUq/ 5 OCIlJ9ER 1999. .~ A/E ABOVE REFERENCED UM/7F0 ARE REPGIPT FCXJND NO EAS£MEN7~ R/GH75 L!~ WAY L1R RE5~7PVAAOWS 1NA//N A/E SCA°E' ~ S'v9/D UM/7E0 RILE REPGVPT, H01f£VER 7NER£ MAY EX/ST ADD/AGWAL EJVCUMBRANGLFS {fN/QY AFFECT A/£ NEW EAS~;1lEiVT CREAIFD HEREON. 4. TOTAL AREA ~ NE7Y 15' DRA/NAGiE EASEMENT =553 .SF. 5. 7N/S WAS PREPARED FAR A1E SALE' PURPQSE Q~ CREAANG ASE NEW f5' D4A/NAGS EASEMENT AS .SJ'10WN HEREQ'V AND OQES NOT CONSAR/TE AN ACTUAL BAUNDARY SURI~'Y. 6. A/E NEW 15' DRA/NAGE EASZ'"A/E7VT SNO-NV HEREON OEFINE3' A/E POS/AON OF AND E7VLARC~S A/E EX/SANG f0' UNDE}TNED DRA/NAGS EASEMENT AS REGARDED /N P.B. 7, PG. ld PLAT SHOWING NEW 15' DRAINAGE EASEMENT BEING GRANTED TO THE COUNTY OF ROANOKE BY LAVERNE JACK DEMPSEY ~.ti`~~A AND (.ur~u„ .; HELEN R. DEMPSEY PHI LIP ALAN x ACROSS LOT 26, BLOCK 6 SECTION No. 2 "CROFTON° (P.B. 7, PG. 18) ~ MARTIN '" Iq ~DIN'ou. 1922 '^ VINTON MAGISTERIAL DISTRICT t`f °~ >, ~ ROANOKE COUNTY, VIRGINIA ~'D ~gV~ SCALE 1` = 30' DATE: 26 OCTOBER 1999 LUMSDEN ASSOCIATES P.C. ENGINEERS-SURVEYORS-PLANNERS HOANOKE, VIRGINIA ~4t ~/~~ rn~~~~ uo4_~ai h Z~ M ~ ~ tlD tip ~. ooW~ ~,~Z~ 3 Q ~a~rMi o ~~ r ~ ;~ r ~amd ~ EXIST. - IRON PIN TAX ;71.01-1-33 PROPERTY OF ~. JOSEPH BIBB & JOSEPHINE BIBB ~i Yy D.B. 1193, PG. 1774 ~ ~[j~ ~ ~~n ~$'~qt; 'w ti [~ ~'- PENCE D.B. DEED BOAK P.B. PLAT BOOK R/W R/GNT Q~ WAY NEW 15 ! F~"/s ~ ~i• ~a DRAINAGE EASEMENT BEARING DIST n'I'~ ~D COR \ O•\ . /6. . pU N' 1-2 9/ LD S 81'03'16" W 29.06' ' ' ' " ~c %p 2-3 1 19 10- a ' TAX 2¢, 3-4 PROPERTY OF \ ~~// W 56.28 N 70 49 32 N 38'05'58" W 52.92' r \ Y JEAN B. PATTERSON F,y ' sF D.B. 1246, PG. 485 \ MF,y T 1 NEW 15' ~ ape EXIST DRAINAGE EASEMENT 3 \ ~ a . IRON PIN \ ' }' "^ ~ ~ o~. / ~/mot:.. LOT 28 TAX #61.19-10-25 PROPERTY OF DANA L. UNDERWOOD ET ALS D.B. 1521, PG. 1787 0.2' CLEAR ~~:-. _\' \ EXISTING BRICK ~ & FRAME DWELLING a~ \ °o. ~~.~.~ EXIST. 10' PUBLIC UTILITY ~ EASMENT (P.B. 7, PG. 18) N07ES` , ~ .a~' ~'o ~ h / s ~ 4 \ o ~ v '`' ~~ , \ •ti~ LOT 26 / Ary / TAX #61.19-10-23 / PROPERTY OF o, ~ LAVERN E J. DEMPSEY ET UX D.B_ 1252, PG. tOD4 ~~/ MISSIMER ~ \ CIRCLE ~ 3 -., \ 50' R/W m m EXIST. 10' PUBLIC UTILITY EASMENT (P.B. 7, PG. 18) EXIST. 25' MINIMUM BUILDING LINE (P.B. 7, PG. 18} 1. IH/S PLOT /S BASED QM A CURRENT f7EL0 SURVEY. 2. 7N/S PLAT WAS PREPARED IH7H THE BENEf7T OF A UM/TED TITLE REPORT PREPARED BY MARAN, /fO1PKINS d~ LEMQ1; P. G, DATED 14 NOVEMBER 1997 7HROf1GN 5 OCTC.I9ER 1999. .~ THE ABOV£ REFEREiVLED UM/7E0 711ZE REPORT FOIUND NO £ASEME7V7.~ R/GH7S G1F WAY QY4 RES£RVAAAMS lN7H/N THE ~E G~' SAND UM/TED fl71E REPOYPT, HON£VE7P THERE MAY EadST ADaAUNAL E7VCUMBRANCES Kf//QH AFFECT 7NE NEW EASEMENT LY~EA7E0 HEREON. 4. TOTAL AREA A~ NEW 15' DRA/NAGE EASEMENT ~ X075 SF. a 7H/S WAS PREPARED FA4 THE SOLE PURPOSE Q~' CREA ANG IHE NEW 15' ORA/NAGE £ASEIIENT AS 57lOiHV HE7?EOYV AND DAES NOT CGWSATUTE AN ACTUAL BOUNDARY SURVEY. 6. THE NEW 15' ORA/NA[~' EASEMENT SHOIHV HEREON DEf1N£S 7H£ PQS/DON A~ AND ENLARGES THE EXITSTING 10' UNDEf7NED ORA/NAGS EASEMENT AS RECaIYDED /N P.B. 7, PG. 16t PLAT SHOWING NEW 15' DRAINAGE EASEMENT BEING GRP.NTED TO THE COUNTY OF ROANOKE BY JEAN B. PATTERSON ACROSS LOT 27, BLOCK 6 SECTION No. 2 "CROFTON" (P.B. 7, PG. 18) VINTON MAGISTERIAL DISTRICT Y?~ ~ ROANOKE COUNTY, VIRGINIA SCALE 1" s 30' DATE: 26 OCTOBER 1999 LUMSDEN ASSOCIATES, P.C. ENgNEERS-SURVEI(ORS-PLANNERS ROANOKE, VIRGINIA PHkLIP ALAN :~; MA TIN ~ %~9~ . NO. 1922 ~ J •~ ~ ~ ~ ~ lJ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, DECEMBER 21, 1999 RESOLUTION 122199-10.1 EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY UPON THE RETIREMENT OF EUDORA J. ALTICE, FINANCE DEPARTMENT WHEREAS, Eudora J. Altice was first employed by Roanoke County as an Account Clerk II in the Finance Department; and also served as Account Clerk III; and WHEREAS, Ms. Altice retired on July 1, 1999, as a Payroll Supervisor, after over thirty-five years of services; and during that time helped the payroll system grow from a manual system to a live real time system; and WHEREAS, Ms. Altice maintained a positive and cooperative attitude during these years while moving with the payroll operation to various locations throughout the County, and provided leadership to employees by her example, and joy to her fellow employees with her homemade cakes and candy; and WHEREAS, Ms. Altice was an outstanding and extremely dependable employee who came to work in all kinds of inclement weather to insure that all County employees received their paycheck on time and never missed a payroll date. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County expresses its deepest appreciation and the appreciation of the citizens of Roanoke County to EUDORA J. ALTICE for over thirty-five years of capable, loyal and dedicated 1 service to Roanoke County; and FURTHER, the Board of Supervisors does express its best wishes for a happy, restful, and productive retirement. On motion of Supervisor Minnix to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None A COPY TESTE: 1~- Brenda J. Holt n, CMC Deputy Clerk to the Board of Supervisors cc: File Resolutions of Appreciation file Joseph Sgroi, Director, Human Resources Diane D. Hyatt, Director, Finance 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, DECEMBER 21, 1999 RESOLUTION 122199-10.m EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY UPON THE RETIREMENT OF THOMAS R. BROWN, II, POLICE DEPARTMENT WHEREAS, Thomas R. Brown, II was first employed by Roanoke County as a Police Officer-Deputy Sheriff on November 16, 1975; and WHEREAS, Officer Brown also served as Police Officer in the Uniform Division and retired on July 1, 1999, after over twenty-three years of services; and WHEREAS, Officer Brown served as an excellent role model for new officers and was well liked and respected by his peers; and WHEREAS, Officer Brown could successfully blend "street smart" and "book smart" to apprehend the "bad guy", and his experience and assistance will truly be missed by the department; and WHEREAS, Officer Brown, through his employment with Roanoke County, has been instrumental in improving the quality of life for its citizens. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County expresses its deepest appreciation and the appreciation of the citizens of Roanoke County to THOMAS R. BROWN, II for over twenty-three years of capable, loyal and dedicated service to Roanoke County. 1 FURTHER, the Board of Supervisors does express its best wishes for a happy, restful, and productive retirement. On motion of Supervisor Minnix to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None A COPY TESTE: Brenda J. Ho on, CMC Deputy Clerk to the Board of Supervisors cc: File Resolutions of Appreciation file Joseph Sgroi, Director, Human Resources Ray Lavinder, Chief of Police 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, DECEMBER 21, 1999 RESOLUTION 122199-10.n EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY UPON THE RETIREMENT OF DEBBIE L. HOGAN, POLICE DEPARTMENT WHEREAS, Debbie L. Hogan was first employed by Roanoke County on September 16, 1978, as a Youth Officer; and also served as a Deputy Sheriff-Youth Officer; Deputy Sheriff-Sergeant for Youth & Family Services Bureau; and Detective; and WHEREAS, Officer Hogan retired from Roanoke County as a Police Officer- Criminal Investigator on November 1, 1999, after over twenty-one years of services; and WHEREAS, Officer Hogan was always willing to put in the extra hours needed to get the job done, and was not content until all the "wheels of justice" had finished turning to complete her case; and WHEREAS, Officer Hogan, through her employment with Roanoke County, has been instrumental in improving the quality of life for its citizens. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County expresses its deepest appreciation and the appreciation of the citizens of Roanoke County to DEBBIE L. HOGAN for over twenty-one years of capable, loyal and dedicated service to Roanoke County. FURTHER, the Board of Supervisors does express its best wishes for a happy, 1 restful, and productive retirement. On motion of Supervisor Minnix to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None A COPY TESTE: Brenda J. Holt , CMC Deputy Clerk to the Board of Supervisors cc: File Resolutions of Appreciation file Joseph Sgroi, Director, Human Resources Ray Lavinder, Chief of Police 2 4~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, DECEMBER 21, 1999 RESOLUTION 122199-10.o EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY UPON THE RETIREMENT OF KENNETH L. HOGAN, PARKS & RECREATION DEPARTMENT WHEREAS, Kenneth L. Hogan was first employed by the Roanoke County on June 1, 1969, as an Animal Control Officer and also served as an Animal Control Supervisor; and WHEREAS, Mr. Hogan retired from Roanoke County as a Parks Maintenance Foreman in the Parks & Recreation Department on November 1, 1999, after over thirty years of services; and WHEREAS, Mr. Hogan, through his employment with Roanoke County, has been instrumental in improving the quality of life for its citizens. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County expresses its deepest appreciation and the appreciation of the citizens of Roanoke County to KENNETH L. HOGAN for over thirty years of capable, loyal and dedicated service to Roanoke County. FURTHER, the Board of Supervisors does express its best wishes for a happy, restful, and productive retirement. On motion of Supervisor Minnix to adopt the resolution, and carried by the following 1 w recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None A COPY TESTE: ~ ~~-[ Brenda J. Holt n, CMC Deputy Clerk to the Board of Supervisors cc: File Resolutions of Appreciation file Joseph Sgroi, Director, Human Resources Pete Haislip, Director, Parks & Recreation 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, DECEMBER 21, 1999 RESOLUTION 122199-10.p EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY UPON THE RETIREMENT OF THOMAS L. MARSHALL, FIRE & RESCUE DEPARTMENT WHEREAS, Thomas L. Marshall was first employed by Roanoke County as a Firefighter on December 18, 1972; and WHEREAS, Mr. Marshall retired on June 1, 1999, after over twenty-six years of services; and WHEREAS, Mr. Marshall was an excellent employee who used very little sick time and always successfully completed any project assigned him; and WHEREAS, Mr. Marshall served as a volunteerwith the Vinton Fire Department and Vinton Rescue Department during the late 1960's and 1970's and currently serves as Assistant Chief for the Hardy Volunteer Fire Department; and WHEREAS, Mr. Marshall, through his employment with Roanoke County, has been instrumental in improving the quality of life for its citizens. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County expresses its deepest appreciation and the appreciation of the citizens of Roanoke County to THOMAS L. MARSHALL for over twenty-six years of capable, loyal and dedicated service to Roanoke County. 1 .' r. FURTHER, the Board of Supervisors does express its best wishes for a happy, restful, and productive retirement. On motion of Supervisor Minnix to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None A COPY TESTE: Brenda J. Hol n, CMC Deputy Clerk to the Board of Supervisors cc: File Resolutions of Appreciation file Joseph Sgroi, Director, Human Resources Richard Burch, Chief of Fire & Rescue 2 IJ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, DECEMBER 21, 1999 RESOLUTION 122199-10.g EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY UPON THE RETIREMENT OF WOODROW B. "BUDDY" SWISHER, POLICE DEPARTMENT WHEREAS, Woodrow B. "Buddy" Swisher was first employed by Roanoke County as a Deputy Sheriff on November 1, 1970; and WHEREAS, Sgt. Swisher also served as Deputy Sheriff/Sergeant; Personnel Training Sergeant; Deputy Sheriff-Services Sergeant; and Police Officer -Sergeant, and retired on November 1, 1999, after over twenty-eight years of services; and WHEREAS, Sgt. Swisher was well respected by his co-workers and supervisors, and his positive attitude and willingness to assist other officers was an inspiration to all; and WHEREAS, Sgt. Swisherwas always more than willing to coordinate special events such as recognition cookouts and other social events related to departmental activities; and WHEREAS, Sgt. Swisher, through his employmentwith Roanoke County, has been instrumental in improving the quality of life for its citizens. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County expresses its deepest appreciation and the appreciation of the citizens of Roanoke County to WOODROW B. "BUDDY" SWISHER for over twenty-eight years of capable, loyal and dedicated service to Roanoke County. 1 Il` FURTHER, the Board of Supervisors does express its best wishes for a happy, restful, and productive retirement. On motion of Supervisor Minnix to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None A COPY TESTE: Brenda J. Ho on, CMC Deputy Clerk to the Board of Supervisors cc: File Resolutions of Appreciation file Joseph Sgroi, Director, Human Resources Ray Lavinder, Chief of Police 2 ACTION NO. ITEM NUMBER AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: December 21 1999 AGENDA ITEM: Request for approval of resolutions of appreciation upon the retirements of: (1) Eudora J. Altice, Finance (2) Thomas R. Brown, II, Police (3) Debbie L. Hogan, Police (4) Kenneth L. Hogan, Parks & Recreation (5) Thomas L. Marshall, Fire & Rescue (6) Woodrow "Buddy" Swisher, Police COUNTY ADMINISTRATOR'S COMMENTS: G~~itt?~''*'~~~+( SUMMARY OF INFORMATION: The Human Resources Department has notified us that these employees retired during 1999. They each were invited at the time they retired to attend a Board meeting to receive a resolution of appreciation, but requested that their resolution be mailed to them. It is recommended that the Board approve the attached resolutions and direct the Deputy Clerk to mail them to the retirees with thanks from the Board members for their many years of services to the County. Respectfully submitted, f~ ~j lau- Brenda J. Holton, CMC Deputy Clerk Approved by, C~~~ Elmer C. Hodge County Administrator 1 Approved ( ) Denied ( ) Received ( ) Referred ( ) To ( ) ACTION VOTE No Yes Abs Johnson Harrison McNamara- _ Minnix _ _ Nickens Motion by: ~ ~ ~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, DECEMBER 21, 1999 RESOLUTION EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY UPON THE RETIREMENT OF EUDORA J. ALTICE, FINANCE DEPARTMENT WHEREAS, Eudora J. Altice was first employed by Roanoke County as an Account Clerk II in the Finance Department; and also served as Account Clerk III; and WHEREAS, Ms. Altice retired on July 1, 1999, as a Payroll Supervisor, after over thirty-five years of services; and during that time helped the payroll system grow from a manual system to a live real time system; and WHEREAS, Ms. Altice maintained a positive and cooperative attitude during these years while moving with the payroll operation to various locations throughout the County, and provided leadership to employees by her example, and joy to her fellow employees with her homemade cakes and candy; and WHEREAS, Ms. Altice was an outstanding and extremely dependable employee who came to work in all kinds of inclement weather to insure that all County employees received their paycheck on time and never missed a payroll date. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County expresses its deepest appreciation and the appreciation of the citizens of Roanoke County to EUDORA J. ALTICE for over thirty-five years of capable, loyal and dedicated 1 } ,/ ~~~ service to Roanoke County. FURTHER, the Board of Supervisors does express its best wishes for a happy, restful, and productive retirement. 2 ~. -.~.._, AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, DECEMBER 21, 1999 RESOLUTION EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY UPON THE RETIREMENT OF THOMAS R. BROWN, II, POLICE DEPARTMENT WHEREAS, Thomas R. Brown, II was first employed by Roanoke County as a Police Officer-Deputy Sheriff on November 16, 1975; and WHEREAS, Officer Brown also served as Police Officer in the Uniform Division and retired on July 1, 1999, after over twenty-three years of services; and WHEREAS, Officer Brown served as an excellent role model for new officers and was well liked and respected by his peers; and WHEREAS, Officer Brown could successfully blend "street smart" and "book smart" to apprehend the "bad guy", and his experience and assistance will truly be missed by the department; and WHEREAS, Officer Brown, through his employment with Roanoke County, has been instrumental in improving the quality of life for its citizens. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County expresses its deepest appreciation and the appreciation of the citizens of Roanoke County to THOMAS R. BROWN, II for over twenty-three years of capable, loyal and dedicated service to Roanoke County. 1 J FURTHER, the Board of Supervisors does express its best wishes for a happy, restful, and productive retirement. 2 a;z/r j. ~~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, DECEMBER 21, 1999 RESOLUTION EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY UPON THE RETIREMENT OF DEBBIE L. HOGAN, POLICE DEPARTMENT WHEREAS, Debbie L. Hogan was first employed by Roanoke County on September 16, 1978, as a Youth Officer; and also served as a Deputy Sheriff-Youth Officer; Deputy Sheriff-Sergeant for Youth & Family Services Bureau; and Detective; and WHEREAS, Officer Hogan retired from Roanoke County as a Police Officer- Criminal Investigator on November 1, 1999, after over twenty-one years of services; and WHEREAS, Officer Hogan was always willing to put in the extra hours needed to get the job done, and was not content until all the "wheels of justice" had finished turning to complete her case; and WHEREAS, Officer Hogan, through her employment with Roanoke County, has been instrumental in improving the quality of life for its citizens. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County expresses its deepest appreciation and the appreciation of the citizens of Roanoke County to DEBBIE L. HOGAN for over twenty-one years of capable, loyal and dedicated service to Roanoke County. FURTHER, the Board of Supervisors does express its best wishes for a happy, 1 ~.,~, restful, and productive retirement. '-~'~ ~" ~PJ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, DECEMBER 21, 1999, RESOLUTION EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY UPON THE RETIREMENT OF KENNETH L. HOGAN, PARKS & RECREATION WHEREAS, Kenneth L. Hogan was first employed by Roanoke County on June 1, 1969, as an Animal Control Officer and also served as an Animal Control Supervisor; and WHEREAS, Mr. Hogan retired from Roanoke County as a Parks Maintenance Foreman in the Parks & Recreation Department on November 1, 1999, after over thirty years of services; and WHEREAS, Mr. Hogan offered his unique skills and experience to maintain and upgrade County parks; and supported the County street sign shop through his exceptional custom sign fabrication ability; and WHEREAS, Mr. Hogan supported and was committed to the success of all County special events, programs, construction projects, and emergency situations whether day or night; and WHEREAS, Mr. Hogan, through his employment with Roanoke County, has been instrumental in improving the quality of life for its citizens. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County expresses its deepest appreciation and the appreciation of the citizens of Roanoke County to KENNETH L. HOGAN for over thirty years of capable, loyal and dedicated service to Roanoke County. 1 °~V FURTHER, the Board of Supervisors does express its best wishes for a happy, restful, and productive retirement. 2 ~~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, DECEMBER 21, 1999 RESOLUTION EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY UPON THE RETIREMENT OF THOMAS L. MARSHALL, FIRE & RESCUE DEPARTMENT WHEREAS, Thomas L. Marshall was first employed by Roanoke County as a Firefighter on December 18, 1972; and WHEREAS, Mr. Marshall retired on June 1, 1999, after over twenty-six years of services; and WHEREAS, Mr. Marshall was an excellent employee who used very little sick time and always successfully completed any project assigned him; and WHEREAS, Mr. Marshall served as a volunteerwith the Vinton Fire Department and Vinton Rescue Department during the late 1960's and 1970's and currently serves as Assistant Chief for the Hardy Volunteer Fire Department; and WHEREAS, Mr. Marshall, through his employmentwith Roanoke County, has been instrumental in improving the quality of life for its citizens. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County expresses its deepest appreciation and the appreciation of the citizens of Roanoke County to THOMAS L. MARSHALL for over twenty-six years of capable, loyal and dedicated service to Roanoke County. 1 ~~ FURTHER, the Board of Supervisors does express its best wishes for a happy, restful, and productive retirement. 2 ~~ 't ~w. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, DECEMBER 21, 1999 RESOLUTION EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY UPON THE RETIREMENT OF WOODROW B. "BUDDY" SWISHER, POLICE DEPARTMENT WHEREAS, Woodrow B. "Buddy" Swisher was first employed by Roanoke County as a Deputy Sheriff on November 1, 1970; and WHEREAS, Sgt. Swisher also served as Deputy Sheriff/Sergeant; Personnel Training Sergeant; Deputy Sheriff-Services Sergeant; and Police Officer -Sergeant, and retired on November 1, 1999, after over twenty-eight years of services; and WHEREAS, Sgt. Swisher was well respected by his co-workers and supervisors, and his positive attitude and willingness to assist other officers was an inspiration to all; and WHEREAS, Sgt. Swisherwas always more than willing to coordinate special events such as recognition cookouts and other social events related to departmental activities; and WHEREAS, Sgt. Swisher, through his employmentwith Roanoke County, has been instrumental in improving the quality of life for its citizens. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County expresses its deepest appreciation and the appreciation of the citizens of Roanoke County to WOODROW B. "BUDDY" SWISHER for over twenty-eight years of capable, loyal and dedicated service to Roanoke County. 1 ~: I ~ FURTHER, the Board of Supervisors does express its best wishes for a happy, restful, and productive retirement. ._ R AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, DECEMBER 21, 1999 RESOLUTION 122199-10.r SUPPORTING THE SUBMISSION OF AN ISTEA TRANSPORTATION ENHANCEMENT PROGRAM APPLICATION FOR THE CARRIAGE HOUSE IN LONGWOOD PARK WHEREAS, in accordance with the Commonwealth Transportation Board construction allocation procedures, it is necessary that a request by resolution be received from the local government in order that the Virginia Department of Transportation program an enhancement project; and. WHEREAS, the Salem/Roanoke County Chamber of Commerce was established in 1934 and its mission is to create, develop, promote and support quality opportunities in the Salem and Roanoke County communities; and WHEREAS, the Salem/Roanoke County Chamber of Commerce has entered into an agreement to establish its office in the historic Carriage House in Longwood Park to provide services to its members and the community. NOW, THEREFORE, BE IT RESOLVED that the County of Roanoke supports the Chamber in its efforts to create a facility which will allow it to continue to provide services to the community; and. BE IT FURTHER RESOLVED that the County of Roanoke requests the Commonwealth Transportation Board to establish the following project: The Carriage House in Longwood Park. On motion of Supervisor Johnson to adopt the resolution, and carried by the following recorded vote: 1 ~. AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None A COPY TESTE: Brenda J. Holt ,,CMC Deputy Clerk to the Board of Supervisors cc: File Richard L. Jones, Jr., President, Salem/Roanoke County Chamber of Commerce 2 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 21, 1999 SUBJECT: Request for support of Salem/Roanoke County Chamber of Commerce submission of an ISTEA transportation enhancement program application for the Carriage House in Longwood Park COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Mr. Richard L. Jones, Jr., President of the Salem/Roanoke County Chamber of Commerce, has informed us that the Chamber has entered into an agreement to establish its offices in the historic Carriage House in Longwood Park. However, in order to submit a $300,000 ISTEA transportation enhancement program application to the Department of Transportation for this project, it is necessary to have the support by resolution of the Board of Supervisors. The Chamber is requesting no funds or financial support for the project. The Chamber has also requested a similar resolution of support from the Salem City Council which will be considered at their first meeting in January. STAFF RECOMMENDATION It is recommended that the Board adopt the attached resolution of support. ~~N~ ~~ Elmer C. Hodge County Administrator ACTION VOTE No. Yes Abs Approved () Motion by: Harrison Denied () Johnson _ _ Received () McNamara- _ _ Referred () Minnix _ To () Nickens _ 1 ~=i/ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, DECEMBER 21, 1999 RESOLUTION SUPPORTING THE SUBMISSION OF AN ISTEA TRANSPORTATION ENHANCEMENT PROGRAM APPLICATION FOR THE CARRIAGE HOUSE IN LONGWOOD PARK WHEREAS, in accordance with the Commonwealth Transportation Board construction allocation procedures, it is necessary that a request by resolution be received from the local government in order that the Virginia Department of Transportation program an enhancement project; and. WHEREAS, the Salem/Roanoke County Chamber of Commerce was established in 1934 and its mission is to create, develop, promote and support quality opportunities in the Salem and Roanoke County communities; and WHEREAS, the Salem/Roanoke County Chamber of Commerce has entered into an agreement to establish its office in the historic Carriage House in Longwood Park to provide services to its members and the community. NOW, THEREFORE, BE IT RESOLVED that the County of Roanoke supports the Chamber in its efforts to create a facility which will allow it to continue to provide services to the community; and. BE IT FURTHER RESOLVED that the County of Roanoke requests the Commonwealth Transportation Board to establish the following project: The Carriage House in Longwood Park. /Y-/ GENERAL FUND UNAPPROPRIATED BALANCE COUNTY OF ROANOKE, VIRGINIA Oct 12, 1999 Unaudited Beginning Balance at July 1, 1999 Results of Operations for 1998-99 Audited Beginning Balance at July 1, 1999 Consultant for regional refuse collection study of General Amount Fund Revenues $6,750,027 5.94% 1,058,946 7,808,973 (17,558) Balance at December 21, 1999 Changes below this line are for information and planning purposes only. Balance from above $7,791,415 6.85% $7,791,415 $7,791,415 6.85% 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 Administrator M:\Fffiance\Common\B oard\Gen99. WK4 ~ Y - ,,~ CAPITAL FUND UNAPPROPRIATED BALANCE COUNTY OF ROANOKE, VIlZGINIA Balance from June 22, 1999 Boazd meeting Dixie Caverns Recovery Sale of land and equipment during 1998-99 Unaudited Beginning Balance at July 1, 1999 9, 1999 Transfer from General from for 1998-99 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 from future tax collections) Oct 26,1999 Purchase of land adjacent to Vinyazd Park II Balance at December 21, 1999 Respectfully Submitted, ~.[.cL.•r,ru ~ . ~~ 0 Diane D. Hyatt Director of Finance Approved By, '/ %~ ~/ ~~~ ~~ Elmer C. Hodge County Administrator Amount $11,042.93 137,500.00 354,643.16 503,186.09 3 84,832.00 (226,650.00) (41,000.00) M:\Finance\Common\Board\Cap99.WK4 /~/- 3 RESERVE FOR BOARD CONTINGENCY COUNTY OF ROANOKE, VIRGINIA Amount From 1999-2000 Original Budget $100,000.00 27, 1999 General Fund shaze of VACO/ VML assessment for AEP negotiations (4,749. 27, 1999 Green Hill soccer field (47,000.00) Balance at December 21, 1999 $48,251.00 Respectfully Submitted, ~~ k~.~z~ Diane D. Hyatt Director of Finance Approved By, ~~ Elmer C. Hodge County Administrator M:\Finance\Common\Boazd\Board99.WK4 /v-~ 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 me 23, 1998 Savings from 1997-98 debt fund FY98-99 Original budget appropriation FY99-200 Original budget appropriation Less increase in debt service ovember 9, 1999 Savings from 1998-99 debt fund Balance at December 21, 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 ote :These advances will be reimbursed with the 1999 Fall VPSA Bond Sale. Respectfully Submitted, ,C.ct..ra1 ~- '~~ G Approved By, ~- /~~ Diane D. Hyatt Director of Finance Elmer C. Hodge County Administrator $670,000.00 1,113,043.00 2,000,000.00 321,772.00 2,000,000.00 2,000,000 (1,219,855) 780,145.00 495,363.00 M:\Finance\Common\Board\Schoo199.WK4 ACTION NO. ITEM NUMBER ~` S AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: December 21, 1999 AGENDA ITEMS: Statement of the Treasurer's Accountability per Investments and Portfolio Policy, as of November 30, 1999. COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: BANKERS ACCEPTANCE: BRANCH BANKING & TRUST 4,786,145.33 WHEAT 1ST UNION 1,978,921.67 6,765,067.00 CERTIFICATE OF DEPOSITS: FIRST AMERICAN 100,000.00 SOUTHWEST VIRGINIA SAVINGS & LOAN 100,000.00 200,000.00 COMMERICAL PAPER: BANK OF AMERICA 2,960,356.94 BRANCH BANKING & TRUST 987,044.44 PAINE-WEBBER 3,963,208.34 WACHOVIA 1,984,090.00 WHEAT 1ST UNION 1,978,600.00 11,873,299.72 LOCAL GOVT INVESTMENT POOL: GENERAL FUND 7,728,273.16 RESOURCE AUTHORITY 1,848,367.60 9,576,640.76 MONEY MARKET: CRESTAR 6,104,054.24 FIRST UNION 2,012,221.95 PAINE-WEBBER 7,596,870.18 15,713,146.37 CASH INVESTMENTS: LB&T MENTOR - G.O. MENTOR - R.A. WACHOVIA TOTAL 3,152, 782.47 5,296,456.48 5,640,634.76 2,289,044.67 16,378,918.38 60, 507, 072.23 Page 1 of 2 ,~ . . ACTION NO. ITEM NUMBER ~"' S AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: December 14, 1999. AGENDA ITEMS: Statement of the Treasurer's Accountability per Investments and Portfolio Policy, as of November 30, 1999. COUNTY ADMINISTRATOR'S COMMENTS: STAFF. RECOMMENDATION: Respectfplly Submitted~,by '~;>~,,~ J I l "~`~~ AtfFed C. Anderso ~~County Treasurer ACTION Approved ()Motion by: Denied ( ) Received ( ) Referred ( ) To () Appro ed by: ~~ "~~~ - Elmer C. Hodge County Administrator Harrison Johnson McNamara Minnix Nickens VOTE No Yes Abs Page 2 of 2 ACTION NO. ITEM NUMBER ~ ~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: December 21, 1999 AGENDA ITEM: Revenues and Expenses for the Five Month Period Ending November 30, 1999 COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: I am attaching schedules showing the budget to actual comparison of revenues and expenses for the five month period ended November 30, 1999. Average revenue and expenses for this period should be approximately 42% of budget. Several of our large revenues however will not come under this standard. Real estate taxes are due December 5, and June 5. As of November 30 some of the monies are recorded for this first real estate collection while others will not be recorded until the December statement. Personal property taxes are due May 30, 2000 so the collections to date relate only to delinquent tax collections and taxes on the purchase of new vehicles. The State portion of personal property payment is recorded under the non-categorical aid line. At this time the entire budget for personal property taxes is reflected in the personal property tax line. However, the actual revenues are being divided according to the funding source. The budget will be reallocated later in the year as we know the proper allocation. On the expenditure side the majority of the departments are around 42% of budget The cultural enrichment category and contributions to human service category are both higher because most of these contributions are distributed to the agencies at the beginning of the fiscal year. Institutional care is a one-time payment to the State. In addition, Economic Development is currently shown at 63.79% of budget because of a $350,000 contribution for tourism is reflected in this budget and has already been made. SUBMITTED BY: Diane D. Hyatt Director of Finance APPROVED: k~ Elmer C. Hodge County Administrator M:\FINANCE\COMMON\BOARD\12-21-99c.wpd December 14, 1999 N~ Approved ( ) Denied ( ) Received ( ) Referred ( ) To ( ) McNamara Harrison Johnson Minnix Nickens No Yes Abs M:\FINANCE\COMMON\BOARD\12-21-99c.wpd December 14, 1999 V - C,L/ a a O N 1 Q C~ .~ ..n L a~ 0 «t 0 a w O 3 O U d A 7 ~ a~ o ~ O e v > R ~ ~ ~ R o, O M i..i .--i CC ~ '~. ~ w a b ~ o 'O aLi ~; d. ee s o r..i r ~ iG w ~ O ~ C r a~ w ~ o a~ ~, e~ w .fl N u •~ L R C pa 6i CC ~ A ~ .~ a=i L ~ ~, a ~ y s a C d a 00 .fl R w ee L °I - N o 0 .~ ~ o o v ~ w 0 0 M ~/1 l~ N V N ~--~ V'1 ~O °~ ~ O t~ O~ M ~. ~--' -O N °~ -O~ O~ ~--~ O 00 et -00 ~ M [~ 00 ~--~ M N ~ ~ O O O~ O O~ ~ ~ Vl 00 v1 O M o0 O ~D ct t~ ~h ~ [~ N D\ oo .-.. v'~ O O~ ~ 00 00 00 00 N ~--~ O vl t~ ~ O ~O v'~ N N ~ M ~ v'~ O v~ O N ~O t~ M o0 [~ 00 N ~ 7 ~ v'~ °1 ~O l0 ~ 00 ~O ~ M O ~O O N 'ct N M M 'Cr M ~ M V1 N M M N 7 M M~ `a' ~--~ ~--~ O N ~D M M N~ t~ ~--~ ~--~ M _ ~ i ~ ~ ~ V'~ O N M t~ .-.~ r-• 7 O t~ t~ t~ ~ V'~ ~O O N ~ O D\ O~ ~--~ oo O~ ~° vl t~ v~ ~n o0 ~ l~ t~ [~ N M O~ ~O O O M ~--~ .--~ 00 O v'> O .-. ~ N W M O ~--~ t~ ~ ~f O~ O ~° 7 ~O O~ 00 'ct ~ O\ ~D N M N ~O D\ O v'~ N N M~ [~ ~' 0 0[ ~ 00 N N E ~O D\ M ~/'~ N M ~--~ ~ N M ~--~ 00 O N ~--~ M ~--~ V7 O M M [~ .--~ ~ O\ v') v) t/'> 00 O v) O ~ O M v'i .-• O~ ~D M 01 '00 V') M 00 O O 00 I~ O\ V ~O V1 00 N [~ 00 ~ 00 O ~--~ ~t C~ ~ 00 00 00 00 O O ~° M M N O~ ~/1 M N N ~O 00 l~ l~ ~ ~--~ [~ N ~--~ vl ~ ~ v1 N .~ O .•. .-. 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M N ~ ~ rt N ~--~ In ti •--~ N C O~ ~--~ O [~ ~ ~p .ti L a ~ ~ 7 C °' U ~ C ~ a> a~ ~: ~ ~ 0. y ~ U ca .«+ ^ + i ~.. _ _ _ ~ ~ ~ ~ 0 ~~ ~ x .~ ~ c x = ~, ~ ;, _ ~ as c. ~ ~ ~ ~. . v ~X~o (~ E ~a ~>~b C ~ vJ b G~ a~ A ~~ C.'S". w ~ a U Z F ~ is ~ w ~ ~ ~+ U^_`~. a~ U ~ ~ ~ ~ a~ a a U o a U W U o W D~ E a U~ o ~~ o ^~ N M O O O N M vl 0 0 0 0 ~-+ N M V ~O r 00 0 0 0 0 0 0 0 N O O ~~~ 0 0 0 rrrr 0 0 0 0 o000000000000o O o 0 0 0 0 0 rno~ O O y R y O H a R 3. - 1~ ACTION # ITEM NUMBER ~- 7 ATA REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: December 21, 1999 AGENDA ITEM: Accounts Paid -November 1999 COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Direct Checks Manual Deposit Checks Payments to Vendors: $5,094,203.41 Voids 11/24/99 ($695.31) Payroll 11/12/99 $525,021.72 $220,675.06 $2,035.28 $747,732.06 Payroll 11/24/99 $495,658.33 $229.219.04 7$ 11.35 $725.588.72 $6,566,828.88 A detailed listing of the payments is on file with the Clerk to the Board of Supervisors. SUBMITTED BY: ~ tam. C~- ~~-~/ Diane D. Hyatt Director of Finance ~~ Approved ( ) Denied ( ) Received ( ) Referred ( ) To ( ) Motion by McNamara Harrison Johnson Minnix Nickens No Yes Abs ACTION NO. ITEM NO. ~ - ~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: December 21, 1999 AGENDA ITEM: Work Session onroll-back tax liability on separated or split-offreal estate in the use value real estate assessment program COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: At the Board of Supervisors meeting on November 23,1999, the Board requested a work session on the application of roll back taxes on separated or split-off real estate in the use value assessment program. Staff has included for Board review the following items: (i) Section 58.1-3241, (ii) the Chesterfield County court decision, (iii) published opinion of the Attorney General, and (iv) copy of a letter by Paxton Marshall discussing this issue. The County has adopted an ordinance providing for the use value assessment and taxation of real estate for agricultural, horticultural, forestall and open space uses. This ordinance allows for the assessment and taxation of certain qualifying land on the basis of its value based upon use rather than fair market value. The goal of the use value program is to preserve and protect agricultural land from development through preferential assessment and taxation. Property is assessed and taxed based upon its use rather than its fair market value. Property taxes on qualifying property are much lower than all other property. The program attempts to relieve the property owner of some of the pressures to sell or alter the use of the land in order to meet local real estate tax obligations. In certain situations (change in use, reduction in minimum required acreage, rezoning to more intensive uses, failure to meet the other applicable conditions for the program, failure to pay real estate taxes, separation orsplit-off of lots or parcels) the qualifying real estate shall be subject to additional taxes, known asroll-back taxes. The roll-back tax is equal to the sum of the difference in taxes between the use value amount and the fair market value amount for each of the five most recent tax years. Section 58.1-3241 of the State Code provides that the separation or split-off of lots, pieces or parcels of land from the real estate which is being valued, assessed and taxed under the use value program, either by conveyance or other action of the owner, shall subject the property so separated to liability for roll-back taxes. The transaction that triggered the Board's interest in this topic involves roll-back taxes in the amount of $8,461.89. Mr. Birckhead discussed this roll-back tax liability due to the proposed separation or split with the owner in late July, 1999 prior to the execution of the contract. This transaction 1 involved 133 acres; it closed in November, 1999 for $197,000. D-/ Several Board members questioned the fairness of assessing roll-back taxes in this situation (splits/subdivided property). Staff believes that assessing roll-back taxes in split/subdivided property situations is fair and consistent with the overall goals of the use value program. The use value program is an exemption or deferral from taxation. Virginia adheres to the rule of strict construction of tax exemptions. Taxation is the rule; exemption from taxation is the exception. Under the Constitution of Virginia, Article X, Section 6(f) exemptions from taxation are strictly construed asst the taxpayer or person claiming the exemption. When a tax statute is susceptible to two constructions, one granting an exemption and the other denying it, the latter construction is adopted. This is based upon the announced policy of the Commonwealth: to distribute the tax burden uniformly and upon all property. The use value program is intended to preserve land in agricultural, forestal, horticultural or open space use. The separation or subdivision of land fosters development. Fostering development (by allowing splits/subdivision of property without roll-back tax liability) is inconsistent with the goals of the use value program: preservation and protection of qualifying land from development through preferential assessment and taxation. Dr. Nickens has had conversations with representatives of the State Department of Taxation with respect to this issue. I invited a representative of this Department to meet with the Board during your work session to provide you with the Department's interpretation of this provision. The Department responded that it will be unable to attend; however, it suggested seeking an administrative opinion or a legal opinion from the Attorney General. The Chairman requested several alternatives for Board consideration and, perhaps, future action. These alternatives are as follows: . 1) If the Board desires to change this portion of the State Code, to eliminate roll-back tax liability for splits/subdivided property transactions, then the Board could add this proposed change to its legislative program for the 2000 General Assembly. The Chairman advises me that Mr. Cranwell is considering introducing legislation to eliminate the liability for roll back taxes upon the separation or subdivision of land. This prospective action would not provide individual relief to the parties to this real estate transaction. However, I am advised that the Board's interest in this matter is not motivated by a desire to provide individualized relief to the parties in this particular transaction. Rather the Board wants to address what it believes is an inequity in current State law. Attempting to amend the State law applicable to this situation is consistent with a principled approach to this issue. 2) If the property owners (either purchaser or seller in this particular situation) believes that they are aggrieved by this assessment of roll-back taxes, then they have a prompt statutory remedy to correct this assessment: file a petition with the circuit court to correct this alleged erroneous assessment under Section 58.1-3984 of the State Code. This would provide individual relief to these parties. It would also establish a precedent to guide future actions. 3) If the Board would follow the suggestion of the State Department of Taxation, it could request an administrative opinion from the Department of Taxation, or a legal opinion from the Attorney General. This alternative would clarify any questions with respect 2 o-, to the interpretation of this provision of the State Code. It could also provide an opportunity for individualized relief. 4) The Chairman has suggested Board action directing that the enforcement of roll back tax liability for separation/split/subdivided real estate transactions be delayed until General Assembly corrective action can occur. This is a questionable and highly irregular alternative. In my experience with Roanoke County the Board of Supervisors has never intervened to adjust the assessment of taxes for individual property owners; it has never intervened to adjust or correct the tax liability of an individual property owner; it has never directed staff to ignore controlling legal authority (State Code, Attorney General opinion and court precedent); and I do not recall the Board retroactively changing the uniform application and assessment of local taxes. Generally legislative action with respect to the uniform application and assessment of taxes is prospectively, not retroactively, effective. Significant roll-back tax revenue losses will be suffered by the County if this provision of the State law is ignored. If the Board directs staff to ignore implementation of the proper application of the roll-back tax provisions, then the County will have to refund roll-back taxes, plus interest, for transactions that have occurred since August, 1999. I am aware of two transaction involving roll- back tax assessments that would be effected by Board action: the Martha McNeil Smith Family transaction in the amount of $8,461.89 (the complaint from Roger Smith that triggered this Board inquiry), and the Otter River Lumber Company transaction in the amount of $13,431.29. Further the County will face liability for failure to properly apply the law with respect to this provision. S) Take no action. It is recommended that the Board follow legal precedent, and continue to allow staff to administer this program as required by State law, court decision and opinions of the Attorney General Respectfully submitted, Gl~ ~ .rn Paul M. Mahoney County Attorney 3 a-i Action Approved ( ) Denied ( ) Received ( ) Referred to Motion by Vote No Yes Abs Harrison _ Johnson McNamara Minnix Nickens G:\ATTORNEY\PMM\AGENDA\RLBCK2.rpt.frm 4 a-J - _~.v ,. -- ~. .. :. ~~ , _.A~~ ~.~_._ ,._ ~s~....~._..._ ~- ~~~ ~~~ ~ Q~rd ~~ ~~ ~~ ~~~ O ~~ c~ cd•~ ~ ~ C~ ~ ~ ~ ~ ~ ~ a+ ~ pQj O+~~N~'Q+~Cd~""O ~cdCd •'"~~ ~.~ •" rl~ Q ~ ~ Q Q 4.a Off"' O O ~ 9'.N "~ 0 ,--I ~~ a~ ~ ~ ~~~ ~ p~~~ Q~ ~ ~ Q~~ ~ a~ a~ ~ ~Sr(~' m ~ O ~c~ D+' cd~ O ~ O ~+9''~" QWCO ~~ ~ ~ ~~ o ~ ~ ~ v ~~t%2 ~~ ~ o~ ~~~ ~~ ~'+' O O ~ v c,_., tw Q O cd m O ,~ ~m ~'" ~.~ O 0+~~•~ ~ O•G ~ y ~ ~+~.~ ~ OLD O c~ ~ ~ 4, y ~ ~ U a' c~.~~^~ami°~~y v"d.~OQ~~~p~ "0.~~"~'N~~•,+~cdOQ COQ .~ ~ ,~,~•+~ O~yo~o~~.~~o~,.~ ~•~° yVC.VC~J ~Q~' U O ~ ~ ~ Cd •i.a cn N .4+ +~ ~ ~^' ri .~' .~ ~ O.1 ~ O CLI O O ~' +' Q O Cd CCS O • ^" ~ ~ ~ ~ O O mO~cdvO.~cd~....~.~ O„Q t,AOCCf .. v1 O cd+. cdD ~+•~+~~4"~.~m OcdQv~ ~dc~dQpwpt~.~:~m~'~•~Mc~d~C~ ~pN~DC W ~ ~ ~ ~ O -~-~ O" ~ O p +~ ~cd ~ v . ~ ~ ~ N ~~ 0 0 0 O .-~ v ~i V v~ vOi v s0. O O ~ ' ccf cCi R+~ c~ ~„~ y ~ cd +' Cp Q O ~~ ~~ ~~ ~ ~~++ O O ''~ O'y ~ m a~ c~ O m ~'-' O O Q N ~ •~ O ~ ~+ Opp d'"~~o n~R~pa+U1~+~Q•~b~oa~oa~Q~~+~i~ ~ ~ Cd ,,V,~ +~ O +~ .O ...~ y ~~ ~ O m ~ U U O V N ~ V O ~ ~ cd'..Y'i"~ ~ ~.Q.~.:'•~"•~ ~~rj Cam,) ~ O~ ~ ~•' O~~ ~m~~~~~o•~~~~~.~~cZiQ~ooPLl~.ooc~d~ tfJ Ju~eei JoMti F. DAPF1tC,N. JR 2' WtLUwM R. SMeL1'oN Hp~seRr G GILL. JR ---~- ERgiiY P. W-'~ Wp.L1AM N. ~{UlIPMRIii. JR D. vTC MuRPKSr RETOttD 1 ~~ ~ ~~~~ mELFTH JUDIGtA1. GIRCUIT January 17, 1991 Edward M. Eakin, Jr•, gsquire Palmer, Eakin & Lee Post Office Box 480 Hopewell, Virginia 23860 Jeffrey L. Mincks, Esquire Deputy County Attorney Post office Sox 40 Chesterfield, Virginia 23832 gE: Allen v. Count of Chesterfield CL 89-57 acts.on claiming an ^geparation or split-ofe °whichs~is~being ~r.ptaxeds,af land .from real estat either by ... [under a qualified land use program conveyance or other atheonreal estate~so separatedeto estate, shall subject licable thereto liability for the rollback tares app ~, Virginia Code Section Sg.1-3241(A). Plaintiffs now bring this erroneous assessment. .... Cpurr~"t OF GNescsa~~-fl Cin oP Co~prtW. Ne10M5 JpDGSi CHAMA~ ro. sox s7 _ CHEST i804T 74$-1393 ~ d32 'R~1~ r~9r Cr,~"` ' ., ~% Dear Counsel: ents vn the County's I have reviewed the file and Your argue demurrer in the above-referenceWVCasa=Ce~ev£niaAd asdtenants-ine that the plaintiffs owned t ect to a qualified .land use common. These parcels were sub? laintiffs to a reduced real estate program which entitled the p ~+ a er division" tax. Early in 1987, the Plaintiffs conarcels was divided in half of the property in which each of the p with each of the plaintiffs taking on°VirginiafCode Sectionl58aid parcels as a sole tenant. Rely~.ng, demanded and 3241 and the crymparable County ordinance, thyirginia Code Section received X9,948.07 in "rollback taxes. 58.1-3241 provides, in part: i Edward M. Eakin, Jr., Esquire D - / Jeffrey L. Mincks, Esquire J nary 17 1991 an . ~ .Page Two demurs on threegrounds. First, the County The County the Treasurer and the claims that the commissioaer of Revenue, not proper Director of Real Estate Assessments far the CounantY application to .parties. Plaintiff's action is essentially ursuant to this Court to correct an erroneous tax assess het only Proper ps such , assesse • Virginia Code Section 58.1-398A. for whose use th14Z~Vas 244, 25a defendant is the loLoudon Nation s ~ Town of Leesbur ~- correct and all defendants (1925). Thus, the County s claim is other than the county are dismissed- e County's second ground for detaureer lownedaas tenants-fie Th plaintiffs separated the ~OVirginias Code SeetStatute1isZclear comomon into four Parcels. allows for the levying of rollback taxes. Th erty owner in its tezminologY and application. Wheneveshall be liable for separates his property by any athize~ with the plight cf the roll-back taxes. Though Z symP .received well-intended but plaintiffs and agree that they to ees, I do not have the law to apply erroneous advice from County e~ Y authority to authority to grant equitable relief and am bound by the statute as it is tw~iSteplaintmeaninq. w1.Thusr~I will sustain deviate from a statu this ground for demurrer- demurrer challenges The County's final ground for est for .attorney's fees. Since there is no it for the awarding of attorney's fees, this plaintiff' s requ statutory author Y ground for demurrer is sustained- advisement for an extended I have kept this case under to grant relief is period in order to explore all possible ways I have concluded an appazently desQrvinq case. Unfortunately, at it is not possible to do so cask Mr. 1MinckstoePrePare a ~ 's demurrer. I sustain the County s herein, circulate sketch for an ordi~ itntos~~tC ~ for a trYg the same and subm ly yours. Daf f ro , ~ i D-/ ~+0~ vv ~u C vv Sav vv O N ->,~OVCww - vvv O Z O m 'O C o0 O >•+ Sa O .C ~ G +~ ra '~ p cC a .•~ •rl O O W ~ .C ,C Q [x, ~ O N I~ U U W 1~ U~ N N N ,O W J.~ i~ 1.1 w.: U Ern. ro ro ro u G U ~~ ro N N N o v ~ N ~ v o > +-I ~ .-a v v u ,~ ,.~ C I w w z F F b y m as ~n In ,~ a~ }.~ I C ro ro~ ,~ t~ •ra r-+ C O ~ •ra C O >+ w ~7 ro +-I N C v •ra w N •ra •ra G >•+ cs. N E N ~ ,C w m~ a N ro o .C oDb G u s•+ ao v N ro a. v v •ra a. 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[n t~ M f\ N N Sa UJ .C L J.~ H `~ W m U 'T v f`{.,' N fA a NOCOaIro w m a1cOC NOS ~ D, law v•~uwv~ C7 3 o ro ~C7 .-vpC rn u ,C •.•I U C law m G C v N U C ro rn •rl ~ u q bDH 9 O W ~ W [~, a v u vm•ov q E 3 m •~avro+~va. ovorola .C -c o v c .C o oE~ .o u Gor-+vE •~+ ro~ c e - C vo m~nvoo ~ ro v o ~, ~+ . o v ~ v, ~ ,~ v .C o N ~ u G~ ~. 3 +~ .C o v v w C •~ w ya v c o q ..~ ..~ ~ sa ro >, E F p~ ro +-~ +~ +~ v ro O ~ o ~~~ C7 C m b O cD w v O ..C •~ U ~ ~O w b ~, O la ~ m z ro O .C a urn .C b •a C r\ ,~ b ra C •~ lab N •a •a O ~ C u u ~ ra m 'C7 ~,.-+ +~ ro •ra Sa • w N x u O w CL ro C u O T y C m C O 9,~-a ro v rn u~ v C ~ ~ l-i N G v r-a u v rn C1••-i OD ',Z "c O G U 'O O m ctl m .- m c o v v •~+ ro ro v y y w u o - la ~ v o o •~ ~ •~+ +-~ .~ v •.a o o w C- o~ ro ~- la u•ti c •v o•~+ m c v ~,w as u •~+ o u v ~ ro r vw 3la or-+ro.C v~p u Hx o la ~ ~n U.~v m •,a v~ ra O •~+ u +.~ fJ c •.a •,~ v .C mvv b e ~.n c o 3 •.a >•+ •a P. F H x v C v v o ,~ U ra u n c N ~ ••a U O O N ra ra .C H la •n ~ la n ~ .~ x u p m 3•+ y c0 ~ ~ •.D m ~ W v~ u •r•I a m m o la v,~ m~ 9 m a. .- vp v•~,o oxv u o ro m aro•~+•~+ v ~cr v E ~ rn o,~ a ~ .- ,~ u la v u ~ a •.a c a. o ~ .C c rn .C v ~ ro o •~ +~ •~+ v v .~ ra rn ~ w -C v ~ o o r- c •~ m m ~ m ro a a u~ o w a• ro u o +~ rn 7 v ~. ~ p ca .C •~+ r+ m ~, u v~ F x E-r ~ •.~ +~ .o v ro u v v v •v v v rnwrn~ >,m ~+ rn•oq ~,E - -o ~, ao.. u .c ~ .C .c ••a o q v ,~ . o ro a ~ r+ c v q +~ ,-a ro .o C +-~ o u u c*~ u •,a 3 o rn C E U ~ a v~ro 3 ,~ rora o u~ o•~+Crn a ~, ,~ ~, ~, rn c u u •~+ ~ +~ o v a m ~ +~ m U vO ~+•.aro>,.~rnp rnOrn C•au C rorn ~w v v,~~ laU ro u v•.a ro m E rn -v u ~O C .~ oo u r 0 i-. ••-1 G la 7 U C o E O E g o >, +~ ao •~+ .•~ +~ v II m ra a o o v v •~+ r~ •v c G r U u •~ 3 ••-~ m N N W la .C O .C C E ao •~ F+ o •.•~ cr, Ilrn o ti a u~ .~ ~ v v •rl in ~ u sa ,~ ~ u ro ra N N C E •D ^ v •a la 3 m u •.a ti ro ra •~rm~p v - rn -- F+ w~ti G E u m ,ow v v Coo v~r+ v- ro li u O •a ca w ~n .c v o r~ u v ro m p, - a v v 3 ~ v o o u ~ •.a ~ ro u la G r+ v v ra .C v v .C ~ •,a ,.~ q u ro c r•+ ~ w E >~ •.~ u x ~ v u 0 3 u c v+~ urn m lau ro cw Fa ~+ U ucn m u •~•a sa ro c v mr+ c Cu o+-~ c ro rn u ,~ •a a v w w ,.~ ,~ v u •~ ~ u o r u U v . - rn oD al •~ m - m rn •.a v u rn •~+ w .. w .a C v u sa C p o0 C q v u CD•rl ~ •~ p w .a m E u ro N W ro v O n la o la C •l7 v P. ~ O 41 O u •v p sa ? o .~ Sa r+ Urn rn o ro •v .C ~ n r u S.i ~ OC cro v uc '-v ~.~~u x .um E u ro o ao 3+~= v N ~v u v urn•.a•v v c ,-~ •o v u o u v v o +~ c - .C ro~~ .~ u m v~ v ~ mr-+o v E~ m - •w~upn a +~ la m C O .C - F+ u u W O N v 3•+ ,~ G .. u r-r v1 •.-I - rn N C E ro Gw N lap uu ro~~ N~ O Ura C ~v +~v •a Eo•cac ra -+~ +•~ ~vuro vlamm~-+ mvG .u mwcq~n >a wG u o••a ~.a E.C ro - .~+ u~ c rn ow mw v ~+ law ~ ro v~ o rn>,-o •,arn o vw o ro v c v m v U 1a .- 3 u r-+ ra A fa r• N •~I u 3 Cr"L7 a v •~+ u la • v~ ,n c ra ao .c +~ ro v a sa ,-~ ra m v rn •a o E o G ro ~+ u ra p,,~ v m c vlavroa ,~.rr~~av3o C va,~G•-+.CG sa o.C v a Cuter` v acn Fa w E•~a v v+~ o v UW u la ro O 41 r Sa G N x C p Nr+ E U U U m •~ m ,C q rn ~ w u ro E C u •~ O la C N~ uc3~n w ro,C= 0v~C~F+rov ro v ~ D,~ rka ~ E o~`r~0 i~r+ :ww U~ vvw°O~ ~ ,C u ~ .--. u O" r7 rn •rt ra O v .C v M C u Cu m -w ~ur•+ ON N'L7 -d ~+up~ O vC~x Nxo~ ualavuv~.u.C u aiaEi~urua .CO~ao-o~~~v+~•~ac~ardaGi"vN>,~v~ ~ sa v^ v .n H N ,a C N D ~-+ m ,c o y G la E v on v ro r~ •~+ C •~ N •n r •n r •,~ ~ r q u r ••a oD•b a ro~ b r -C u C rn p •-a .a •-+ C O oo ~ +-~ C E ro C ra v v q u ~a°ioaio ucioaroiE~'~•~orvna~~~vuiuo,c~o ~ ~+ U= a la E •*+ vn ~ u w 7 o v a m v ro .C L ro, u Cxo cab -b~~,~+rn -ra ~-ovuvD,roCv O U u O Cw v u N v v N ra c.~ U,Q u O u ro pro•aCVp.evcnu roro~ro •~+ am u era ro voEOO~uroro m um•av ro ro ra a v sa u u a sa ~ .C +•~ a .-a r-+ a o +•~ c ~. rn u - v v C .C w b •~ u u v ao ro v mu rnra~ra,~a.-a ~, o u o v aov m u~ la v c ~ v ~ v ro ro •~r ~ ~ •~ ~ la G ~,w~ u v ro E c+~ o. +-~ N o c.~ 3+~ N d b - O U 3•+ ,L O m k m fa O N x,Cr+ vw m m+~ v•a v ro u v a•~ m ro +~ c c v la a s•+ ,.~ la u •~ w> a +~ •n m y u o v o .c+~ wmmo rao•.amrovcla g co ,-i u w •.a o w v a +-+ u c •.+ u +~ •o +~ ro ro la v o ~ ra E a u •~+ c ro ro ro ro ro - v o rn .C u m ro m v v >,ra •~+ E x .c .C o sa aow c c u - 6 ~ ro ~ 00 ar-r a ~ v u•, ,.~ ,~~ u c •~ o +~ a ro rn rn acla v ~ ..a cw lara v .C v c v v a ro o v u p rn v u ~, ao 0 0 u .C v u ,C +.~ •-, u la o u s C O Q •o C C w •~ a. C u m •a u c ro U N •.~ c u rn m •~ r` v rov •a ~+ v v v C g v _~ ro ~+ ~ 3 0 ••a >, C r >, u E .-a c cox C w p, E _ v v v •r+ fa v •.a q v rn v ro o ro a o +-~ rn .o v la c N +.~ o >a~n ~ lacuvvv ~c sa ,~~, a cmwv C O C - •~ r7' >•+ Gl y y U O b ••a ro 0= m U N .-+ p ro, O u c la Urn C C F+ c N G .C Ul d1 G >,G v~, u uv vro ooooo~ rr +~ •~ rno•>-+la E la v ro v C .~ U •~ w •,~ v v• +~ - ro N v x laSamu u u 0 x w W D,ON rn urn C v c roC ••v00 ro C v you E-+v.a •.•1 G .C v al ri ro L v ro C w U •,-r O ••a c0 C fa U ro u sao0v OE>•+O •~ ANC NN Nla •vu•v u ro u,~+~ v u ,~ +~ o.c ro v e ~, c v C •~ N w ro v la +~ la c ~, m U ro la +•~ ,~ d0 CT' ro E C m +-~ o sa ro •.a v •a rn aw •~ •~+ u a u ro v a ro v ,c c ~•, u a 3 .c c >a •,a ~ •a v y k sa v, cn - P• ~, ro u O' O •-i u 3 r+ N lac ro Od•r~ uqE +~ v v -+,ro••a a gv•cuo+~o v r\ O .-a •.a N N v S•+ .. m e m C1 7 N ro U l+ C v ~ .- u •~ +~ C ~ •~+ C v ~ C - ~+ ~o C o v • .C •~ Ei O N N p E 1~ O N rn c.0'O N U n N la~ q u N u -cam •~ .C •~ - E m •.~ '- v r+ v m r .C a u ~ ro m N r• a oD a0 C E O say r sa c C q 3 a rn D, G U ,-+ ca w w .C ~ on C rn c v C v v v c a v c~•.ao ~ ^cv~.-ro >c ov uC Vmau o ti r-+ r v• •~ E E `-' +~ C ro •~ +~ D, C •a ra ~a m C •a u C .C rn v ro •~ >, U O .C u u ra ro •rl ro - fa p •,a v ~+~ .o w C sa ro u u u •~ y >, w U D, w v ro~ ~ ~ •~ra o la v v E c v•v v+~ v ,-a ,~ •,a a w r v E ro +~ u ~, sa cn p o~ v a-C ro~ w~ rn q 1•+ ~ la C N G •r1 C c0~ u la C m J-r v1 v u N t-r v C c0 y '~ O C v ro 0 k v v u v c ro sa o N v u ro E au lam.C v~w~,~vuua.ro vsav,C•aCVv o +~ +~ E ... ro .o ~ ~ w ro ~ ~ p a sa U ,~ •.+ ~ sa 10/99 -William K. Barlow -Calculation of roll back taxes Office of Attorney General 99-074 TAXATION: REAL PROPERTY TAX. Page 1 of 3 ~- County-wide rezoning resulting in portion of property being rezoned to more intensive use not requested by owner does not affect continued qualification of property under land-use ordinance. Property once eligible that becomes ineligible for land-use value assessment and taxation is to be assessed at fair market value. Roll-back taxes equal difference between tax levied when land qualified for special assessment and tax that would have been levied had property been subject to fair market value assessment rather than special assessment. County's inclusion in its determination of roll-back taxes value of rezoned portion of property is consistent with statutes governing roll- back taxes. The Honorable William K. Barlow Member, House of Delegates October 29, 1999 You ask for guidance regarding the calculation of roll-back taxes pursuant to § 58.1-3237 of the Code of Virginia. You relate that certain property in Prince George County has been farmed for many decades and has thus qualified for a special assessment for land preservation ordinance pursuant to Article 4, Chapter 32 of Title 58.1, §§ 58.1-3229 through 58.1-3244. You also relate that, in the 1960s, 2.5 acres of this property was zoned for commercial use by the county, but not at the request of the property owner. You advise that, prior to 1996, the entire tract of land was used for agricultural purposes, and was, therefore, taxed at land-use value. You also advise that notices sent by the county to the property owner reflected two total assessed values of the property-fair market and land use. You state that, in 1996, a portion of the property, which included the commercially zoned 2.5 acres, was sold. You further state that, upon such conveyance, the county included in its determination of roll-back taxes on such property the value of the 2.5 acres as commercially zoned. You inquire whether the determination should have been made by dividing the total assessed value of the property by the total number of acres to arrive at a per-acre value. Section 58.1-3231 authorizes localities to adopt ordinances providing for the "use value assessment of real property. To qualify for the special assessment, the land must be devoted to agricultural, horticultural, forest or open-space uses, as specified in § 58.1-3230. The purpose of Article 4 is to create a financial incentive to encourage the preservation and proper use of real estate classified for such uses.l The imposition of roll-back tax liability furthers this goal by encouraging the property owner to continue preserving the land for one of the classifications established and defined in § 58.1-3230.2 Discontinuing the favorable tax treatment when the land no longer satisfies the use or acreage requirements of Article 4 is consistent with this stated purpose.3 http://www.vaag.com/media%20center/Opinions/oct999.htm 12/15/1999 10/99 -William K. Barlow -Calculation of roll back taxes Page 2 of 3 a- Generally, a property owner is subject to roll-back tax liability when a change in use or size of the property results from action by the property owner.4 A 1983 opinion of the Attorney General concludes that action by an owner to rezone his land to a more intensive use, thereby making it eligible for development, will render it ineligible for land-use valuation,5 whereas acounty-wide rezoning, which is not requested by the owner and which results in a change in zoning to a more intensive use, does not disqualify the land from land-use valuation, assessment and taxation until the use of the land changes.6 Accordingly, in the instant case, the county-wide rezoning occurring in the 1960s, which resulted in a portion of the property being rezoned to a more intensive use not requested by the owner, did not affect the continued qualification of the property under the land-use ordinance. Section 58.1-3241(A), however, provides: Separation or split-off of lots, pieces or parcels of land from the real estate which is being valued, assessed and taxed under an ordinance adopted pursuant to this article, either by conveyance or other action of the owner of such real estate, shall subject the real estate so separated to liability for the roll-back taxes applicable thereto .... Under this provision, it is the action of the owner selling the property that triggers roll-back tax liability. Thus, although the fact that the owner did not request the zoning change is a consideration when determining whether the property continues to qualify for land-use assessment, this fact is immaterial to property that does not qualify for such assessment. "[R]oll-back taxes [are] considered to be deferred real estate taxes."~ Accordingly, § 58.1- 3237 provides that such "deferred tax for each [applicable] year shall be equal to the difference between the tax levied and the tax that would have been levied based on the fair market value assessment of the real estate for that year."8 Therefore, roll-back taxes are equal to the difference between the tax levied under the land-use assessment statutes and the tax that would have been levied pursuant to the assessed fair market value of the property had it not been subject to the special assessment.9 Accordingly, once property that had been eligible for land-use value assessment and taxation is made ineligible for land-use assessment and taxation, such property is to be assessed at fair market value. i ~ The Supreme Court of Virginia has construed "fair market value" generally as "`the price [a property] will bring when it is offered for sale by one who desires, but is not obliged, to sell it, and is bought by one who is under no necessity of having it. "' 11 In determining fair market value, "all the capabilities of the property and all the uses to which it may be applied or for which it is adapted, are to be considered," 12 with the assessment based on the highest and best use of the property.l3 Ultimately, fair market value is a factual question to be determined by the commissioner of the revenue upon a consideration of the factors affecting the property's value.14 It is my opinion, however, that, under the facts presented, the determination made by Prince George County appears to be consistent with the statutes governing roll-back taxes. http://www.vaag.com/media%20center/Opinions/oct999.htm 12/15/1999 10/99 -William K. Barlow -Calculation of roll back taxes Page 3 of 3 v ~~ 1See 1984 Va. Acts ch. 675, at 1178, 1373 (citing § 58.1-3229, not set out in Virginia Code); 1997 Op. Va. Att'y Gen. 195, 195. 21997 Op. Va. Att'y Gen. 193, 194. 3Id. 4See § 58.1-3237(A), (D), (E); 1997 Op. Va. Att'y Gen., supra note 2, at 194. 51983-1984 Op. Va. Att'y Gen. 369, 370. 6Id. at 370 n.l (citing 1975-1976 Op. Va. Att'y Gen. 357). Section 58.1-3243; see also 1982-1983 Op. Va. Att'y Gen. 541, 544. 8Section 58.1-3237(B), (C). 9See id.; 1997 Op. Va. Att'y Gen., supra note 2, at 194 n.2. 101987-1988 Op. Va. Att'y Gen. 540, 541. 11Woman's Club v. City of Richmond, 199 Va. 734, 737, 101 S.E.2d 571, 574 (1958) (citation omitted); see also 1997 Op. Va. Att'y Gen. 196, 197. 12Woman's Club, 199 Va. at 738, 101 S.E.2d at 574; see also 1997 Op. Va. Att'y Gen., supra, at 197. 13See County Bd. of Arlington v. Commonwealth, 240 Va. 108, 393 S.E.2d 194 (1990); Waynesboro v. Keiser, 213 Va. 229, 232-33, 191 S.E.2d 196, 198-99 (1972) (although two adjacent parcels are used for residential purposes, fact that one parcel is zoned for industrial use materially affects its market value); 1997 Op. Va. Att'y Gen., supra. 14Op. Va. Att'y Gen.: 1997, supra note 11, at 197; 1987-1988 at 534, 536. Rack to TnrlaY http://www.vaag.com/media%20center/Opinions/oct999.htm 12/15/1999 ~~ Mr. Frank Raflo I30 Prospect Drive, SW Leesburg VA 22Q75 vy • e of the roll-back tax associated with the use-value taxation programs becoming Re. The issu upon the transfer of land due Dear Frank: ent uestion concerning Section 58:1-3241 of the sf 'r ini is linked substantially Your rec q artiall to a recent decision by the to a memorandum issuedCQ nt~ of Chesterfi a daoun and p Y CIrCLIit COLIr[ SerVing the y mrn 1993 from the chief of Rcal Estate You make reference to a memorandum of April Z7, Records to members and associate members of the Loudoun Co 1 ~ Barof~the Code of This memorandum contains the following quotation from Section 58 Virginia. Separation or split-off of lots, pieces or parcels of tfond f~; realee~erebyhconvey- being ...taxed ... (under a qualified land use g g once or other action of the owner of such reala sml'icabie thereboect•the real estate so separated to Liability for the rollback taxes pp The basic thrust of these words has been contained in the law since its enactment in 1971. The uotation fails to continue the sentence to its end or to include the sentence following. 4 To wit: ..but shall not impair the right of each subdivided P nCea d alt f turel years, to qualify far such valuation, assessment and taxation ~n a y provided [that] it [the subdivided parcel at issue] meetsl able.lnSu h separation or requirements and such other aon~eo gh of tttebemaining real estate to split-off of lots shall not imp assessment and taxation without liability for rol - continuance of such valuation, . back taxes, provided ]thatl it meeu the minimum acreage requirements and other applicable conditions of this article. Several matters can be resolved at this stage. I. ~ gf infon 1. The annually deferred tax plus the interest due on such deferred tax applicable to each parcel in the use-value taxation program is a lien, technically referred to as an inchoate lien. 2, The lien runs with the land forming each applicable tax parcel. ~ !~ ~ ~-/ mow. The problem from the beginning of use-value taxation has been of two. ~4 parts: a the inchoate liens are not matters of record and title searches often fail to reveal such liens. b) the seller of a tax pazcel may, for a whol en in the form of a ro 1-back otax ~e purchaser that the parcel is subject ia.a lc 'rhe memorandum mentioned above is an attempt to assureat information about the lien is provided the client by the responsible attorney oc p y 9 8 .an effort was made to require the ~~ When the~use-value tax law was amended in+ urchaser about the lien. seller--therefore the seller's representative--t ~n ~ ~'~sponsible for providing the . Such an action would have clearly tdentlfied p Y now lacking information. The effort failed. GG~~~~ II. Applicability of roll-back tax atl;transfer--three cases exist 1. Transfer of a parcel, regardless of the means of s am rec uires the parcel to be oll- back tax to become due, except when the purcha q transferred free and clear of liens. Such a condition requires the roll-back tax to be paid by the seller. 2, The transfer of a parcel that is separated from a tax uact of origin0~ ~~ the roil-back tax to became due on the remaining p tract of origin, provided that such remainder continues to meet the standards for qualification. ~'~ However, the transfer of the separated parce! ~ a is the roll-back tax to became due otl the separated acreage. Such a transaelinetoltt-e Land Book and a ook. This new entry adds new entry In the Land B Although both the tract of origin and the tract separ fte f mu a valueutaxatloa llfy for use-value taxation, Lhg rm continues to qual y must re-enter the use-value tax without paying roll-back tax while hl.g 1~ program free and clear of liens, the roll-back tax obligation must have been paid. (Incidentally, this provision of the law clean i countertto protect ng la dlfrom program to result in outcomes that are direct y development.) 3 ~~Transfer of a parcel may never cause the roll-back ~ tual'fying due if the purchaser ~ >~ chance the use of the land to a q use until an amount of time equal to the full roll-back period has elapsed--a full ,~ $jX ,~~following purchase. For exam le, if a parcel that entered the use-value taxation program on 1 January P 1 AC % ~ U~ ~. 1985 was transferred on 31 December 19903 rims d the tract n a qual fyirlg use ~~ 'i from the use-value taxation program but c ~-~+'LIS ,. , v-~ through 31 December 1999, the use of the land could be changed to a non- qualifying use on 1 January 2000 without causing the roll-back tax to become due. The reason is there would be neither deferrals or interest remaining due. III. Summary for Y,oudoun County The memorandum from the County of L,oudoun is designed to assure that interested parties understand about the liability of the role--nblack ~Acha u~ t ~e way tmhe aw has seeks to provide information. The memorand been administered. My judgment is that the applicabli3 f f n ~ office abouto oltl~-back n is seeking to reduce the number of disputes that take p taxes and whic~i party owes such tax. ~'hg ~hg~r t i in ~ The Circuit Court of the County of Chesterfield recent) transferred only among family oll- back tax became due even though the land at issue was members. kQr ~ Three uacts of land were involved. The tracts had descended through the family to two sisters. Each sister had married. One had become terminally iii. Conditions between some members of the two families caused the sisters to dec~dr eo aecels beesurveyed Candf land among the two families. The sisters ordered that the P they ordered that two new parcels be created. f The n acThe theese )existing deed swere now parcels by separating them from the parcels o o g longer effective, because two new deeds describing the new parcels and identifying the new sets of owners were created. Outer The result caused the roll-back tax to become due for these reasons. 1. There was na "remaining real estatels of or~ inowere actuallyureplaced by tgwo new because the deeds of the three part g deeds. 2, The action taken by the sisters had actually been a 140 percent separation creating two new tracts and two new deeds. The two newodeedrs were recorded. The result triggered the roll-back tax on the three parcels of g 3. The decision by the court simply conformed wl ~ehowner"n accordance with the clause "either by conveyance or other action of 4. While the doll-back tax became due as a result d thde sd~st~celaof such real estateeto two new parcels retained the right of each sub p qualify for such valuation, assessment and taxation in any and al! future years, o -i provided [that] it meets the minimum acreage Nequirements and such other conditions of this article as may be applicable. mm ~ h rfi l ~n This case meets the test of being "the special case" where the entire parcels of origin are 'separated into two new parcels: vrl mm ' is no relationship between the memorandum issued by the ~£ ~c fount Eof ~ Records There for the County of 'Loudoun and the decision by the Circuit Cable to the use-value taxation Chesterfield. Each is correct admconcern thatf vle latransfer of land causes the roti-back tax program. There is no reason for ecome due. Only the transfer that separates from the tract o~ers~in at d acreagee uirin to b a new deed triggers the roli-back tax and in such cases only fa P If questions remain, please phone 7031231-6848. Sincerely, J. Paxton Marshall Extension Economist Public Policy a ~a~e a _ e~su® ~C®~~®~T~IEA~,~']E~ ®~ ~~l~~~I®T~~ De~iartment of Taxation December 6, 1999 Mr. Paul Mahoney County Attorney County of Roanoke P. 0. Box 29800 Roanoke, Virginia 24018-0798 Dear Mr. Mahoney: ~~ ~~ ~U~~® ~r~ ~ 0 t~99 ~Y-h~ Thank you for your recent invitation for Mr. Thomas Morelli or someone else from the Department to participate in a work session of the Board of Supervisors concerning the application of the roll back tax. Although we will be unable to attend, perhaps the following information will be of assistance. Mr. Morelli has advised me of his understanding of the facts surrounding your question, and although we will be unable to participate in your work session, I will be happy to provide a written administrative opinion. If you are interested, please provide as much of the detail of the situation in writing as possible, and I will attempt to reply before your scheduled December 21, 1999, work session. For a legal opinion, you may wish to consult the Office of the Attorney General. If I may be of any further assistance, please do not hesitate to contact me at (804) 367-8020. Sincerely, H. Keith Mawyer Property Tax Manager Office of Customer Services C~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, DECEMBER 21, 1999 RESOLUTION 122199-11 CERTIFYING THE CLOSED MEETING WAS HELD IN CONFORMITY WITH THE CODE OF VIRGINIA WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened a closed meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of The Virginia Freedom of Information Act; and WHEREAS, Section 2.1-344.1 of the Code of Virginia requires a certification by the Board of Supervisors of Roanoke County, Virginia, that such closed meeting was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, hereby certifies that, to the best of each members knowledge: 1. Only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the closed meeting which this certification resolution applies, and 2. Only such public business matters as were identified in the motion convening the closed meeting were heard, discussed or considered by the Board of Supervisors of Roanoke County, Virginia. On motion of Supervisor Harrison to adopt the Certification Resolution; and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None A COPY TESTE: ~'~~- Brenda J. Hol on, CMC Deputy Clerk to the Board of Supervisors cc: File Closed Session File ~.~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, DECEMBER 21, 1999 RESOLUTION 122199-12 DEDICATING EIGHT ACRES OF REAL ESTATE LOCATED IN THE MOUNTAIN VIEW FARM TECHNOLOGICAL PARK TO BE USED FOR PUBLIC PARK AND RECREATIONAL USES AND TO BECOME PART OF THE PARK SYSTEM WHEREAS, the County of Roanoke owns eight (8) acres of real estate northwest of State Route 601 (Hollins Road) in the Hollins Magisterial District, being a portion of a forty (40) acre tract of real estate acquired by the County and developed as the Mountain View Farm Technological Park; and, WHEREAS, by Resolution No. 83-47 adopted on March 22, 1983 the Board of Supervisors declared that this real estate is reserved for public use, limited to only recreational activities, and that this reserved real estate shall not become a part of the County's system of parks without further specific action by the Board of Supervisors; and, WHEREAS, on January 12, 1988 the Board amended the protective covenants for the Mountain View Technological Park to address the use of and access to this public park, reserving said eight (8) acres for "other public park and recreational uses", and limiting the public park and recreational activities to "football, soccer, baseball, either adult or youth, and similar endeavors"; and, WHEREAS, the County is now prepared to develop this real estate for public park and recreational uses consistent with its master plan, the protective covenants and the commitments made to its citizens. NOW THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia: 1 s 1. That the eight (8) acres of real estate owned by Roanoke County and located in the Mountain View Technological Park is hereby dedicated to be used for public park and recreational uses, and to become part of the County's system of parks. The use of this real estate is limited to public park and recreational activities, football, soccer, baseball, either adult or youth, and similar endeavors. 2. That this resolution shall be effective from and after the date of its adoption. On motion of Supervisor Johnson to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None A COPY TESTE: Brenda J. Hol n, C C Deputy Clerk to the Board of Supervisors cc: File Pete Haislip, Director, Parks & Recreation Diane D. Hyatt, Director, Finance John Birckhead, Director, Real Estate Assessment Paul M. Mahoney, County Attorney 2 ACTION NO. ITEM NUMBER AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: December 21, 1999 AGENDA ITEM: Request for approval of the Park Master Plan for the 8-Acre "AMP" Site in North Roanoke COUNTY ADMINISTRATOR'S COMMENTS: BACKGROUND: On February 15, 1983, the Roanoke County Board of Supervisors petitioned to the Planning Commission to rezone the Mountain View Farm property on Hollins Road from R-1 to I-1 for a research and technology park. The 40-acre site was originally owned by the School Board for a future school site. As a result of negotiations with neighbors, 8 acres of the site were removed from the rezoning petition, and reserved for future use as a public park. In addition, protective covenants were written for the property to be rezoned, to mitigate the potential impacts of the industrial development. On March 22, 1983, prior to the rezoning order, the Board of Supervisors passed Resolution #83-47, declaring the 8-acre property "to be reserved for public use limited, however, to only recreational activities, i.e., football, soccer, baseball, either adult or youth, and similar endeavors." The resolution also declared that the parcel shall not be or become a part of the Roanoke County system of parks without further specific action by the Roanoke County Board of Supervisors. The purpose of this action is to fulfill that requirement of Board of Supervisors' 1983 resolution which is attached to this report. SUMMARY OF INFORMATION: As part of a Parks and Recreation needs assessment and facility inventory, Parks and Recreation identified the need for additional parkland and a large lit soccer field(s) in the North Roanoke area. As reported to the Board in previous work sessions, the Hollins district has only 4.53 acres of parkland per thousand people, well below the target of 10 acres per thousand. In addition, the North Roanoke Rec Club does not have a regulation sized or lit soccer field in North Roanoke. Staff studied several locations for a field, including the Northside School campus, Hollins College, Ingersoll Rand, Walrond Park, and the 8-acre AMP site. Based on this review it was determined that the AMP site, which is County owned and had been specifically designated by the Board of Supervisors in 1983 for recreation purposes, best met the criteria for both soccer fields as well as much needed park facilities in the North Roanoke area. . .. ~- / Staff held two public meetings with residents of the North Roanoke area to solicit feedback on this proposal. There was overwhelming support for a facility in this area, including many adjacent landowners. However, a small group of neighbors expressed concerns about a park facility, citing increased traffic on Hollins Road, additional traffic through Meadewood, creation of an appropriate buffer, and the proposal for lights. In the design process staff tried to locate active areas away from the residential boundaries to create as big a buffer as possible. In addition, staff proposes that only state of the art lighting systems be used, utilizing the latest technologies of glare and light control. Staff also indicated a tree buffer would be included for those residents who desired one. Staff also agreed to work through VDOT to minimize potential parking problems on the Meadewood cul-de-sac. The plan as developed should be a positive addition to the area. Attached are draft maps of the Master Plan and location. The final plan will be available at the meeting. FISCAL IMPACT: Staff recommends a phased development approach, which in phase one would include one soccer field, parking lot, and an access road. Currently $50,000 has been allocated to build a soccer field in North Roanoke. Preliminary estimates indicate it will cost approximately $55,000 for one regulation sized soccer field and a parking lot. Staff plans to request access road funding through the VDOT Recreational Access grant program to complete phase one. Lights, the second field, and other amenities would be included in later phases. ALTERNATIVES: 1. Move forward with construction of the new park by adopting the attached resolution as required by the Board of Supervisors in their action in 1983. 2. Change the covenants and sell the property for industrial use. Use the proceeds to buy additional parkland in North Roanoke. 3. Take no action at this time. STAFF RECOMMENDATION: Staff recommends alternative 1, adopt the attached resolution and move forward with construction of the park. Respectfully s bmitted, Approved by, ~~~~ Pete Haisli Elmer C. Hodge Director County Administrator Approved Denied Received Referred To ACTION () Motion by: ~) ~) ~) ~) -~ VOTE No Yes Abs McNamara _ _ Harrison _ _ _ Johnson _ _ _ Minnix _ _ _ Nickens ~ -/ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, MARCH 22, 1983 RESOLUTION N0. 83-4~_ DECLARING A CERTAIN PIECE OR PARCEL OF LAND 15AN~D-BY THE COUNTY OF ROANOKE, VIRGINIA, TO BE RESERVED FOR PUBLIC USE LIMITED TO ONLY RECREATIONAL ACTIVITIES BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That a certain piece or parcel of real estate owned by the County of Roanoke, which said parcel contains eight (8) acres and being mare particularly described as follows, to-wit: BEGINNING at an iron pin at the southwesterly corner of a Roanoke County well lot, said iron pin further being on the easterly line of Lot 1 of the Meadewood Subdivision; thence, S. 76° 42' 30" E. 100.00 feet to an iron pin; thence, N. 24° 45' E. 100.00 feet to an iron pin; thence, S. 76° 53' E. 161.90 feet to an iron pin; thence, S. 15° 07' W. 101.15 feet to an iron pin; thence, S. 73° 00' E. 362.95 feet to a point; thence, S. 21° 16' 30" W. 535.87 feet to a point; thence, N. 68° 43' 30" W. 666.89 feet to a point on the line of the said Meadewood Subdivision; thence, with the said subdivision N. 24° 45' E. 473.45 feet to the Beginning, and containing 8.00 acres, being a part of the former Mountain View school site. be; and the same hereby is, declared to be RESERVED for public use limited, however, to only recreational activities, i.e., football, soccer, baseball, either adult or youth, and similar endeavors; and ~ 2. That said RESERVED parcel shall not be or become a part of the Roanoke County system of parks without further specific action by the Roanoke County Board of Supervisors as made and provided by law; and 3. That the County Administrator be, and hereby is, authorized and directed to duly authenticate a copy of this resolution and cause the same to be recorded among the record of the Clerk's Office of the Circuit Court of Roanoke County. On motion by Supervisor Minter and adopted by the following recorded vote: AYES: Supervisors Burton, Nickens, Myers, Minter, Johnson NAYS: None A Copy - Teste: ,cf !~(' 3-28-83 Donald R. Flanders, Clerk Copies To: File / Roanoke County Board of Supervisors County Assessor Engineering Department Department of Development Parks 6 Recreation Department ~-i Jl 310 '0 4 ' a "3 ~ ~ '' ' ~N L1 OOM30Y3tt b0 ~ O ~ m _... ~ - ° - ~ 1c~ 'i't~r5 -1 'S " ~ : O ~r ~~ ^~ ' W © 311HO1na0 pte 0~ o Q Q ~ 1 N W ~--- }- ~ _ 1 eruro 'o'r ~ ~~ A f~ .t p~ t ~ k O \ r Q 0 ~ } 'a ~~` ~ o N 01 a c 9 00 , 00 3 ott s t•tf9 O v gZ'S9t ' 11AR1 .09 ~ ~ , ^~ ' U Q 1 p V ~ Q N h ~ ~ ~ .o n w, ~/ ~ M Y O ~ (D L. p - Y ~ _ ~ Qj " ,_ Z a oc . ,5Y'o99 X Ot ,tf o89 N ,LZ'~1£ U M,.Ob,01.99 N a u W ~ i O ~ N N v ~ ti d O ~ o~3tf~rn •~~ ~ ao N ~ Z M ,bZ .99 N ~'r '~Ot~-tSl3 '-r~ rI ~~ ^~ V a Q .n 3 0 n d 0 N O » 0 O N ,O'OLZ O M ~Z.99 N v ~ z z ~ M J (D •_ ~ ~ N Cn J J n_ ~ ~ 3aonit~ '3,a a c r /~ - ./~ 1 I L-~- i i i - i 1 ~ 1 1 1 ~ 1 1 - l AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGII~TIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, DECEMBER 21, 1999 RESOLUTION DEDICATING EIGHT ACRES OF REAL ESTATE LOCATED IN THE MOUNTAIN VIEW FARM TECHNOLOGICAL PARK TO BE USED FOR PUBLIC PARK AND RECREATIONAL USES AND TO BECOME PART OF THE PARK SYSTEM WHEREAS, the County of Roanoke owns eight (8) acres of real estate northwest of State Route 601 (Hollins Road) in the Hollins Magisterial District, being a portion of a forty (40) acre tract of real estate acquired by the County and developed as the Mountain View Farm Technological Park; and, WHEREAS, by Resolution No. 83-47 adopted on March 22,1983 the Board of Supervisors declared that this real estate is reserved for public use, limited to only recreational activities, and that this reserved real estate shall not become a part of the County's system of parks without further specific action by the Board of Supervisors; and, WHEREAS, on January 12, 1988 the Board amended the protective covenants for the Mountain View Technological Park to address the use of and access to this public park, reserving said eight (8) acres for "other public park and recreational uses", and limiting the public park and recreational activities to "football, soccer, baseball, either adult or youth, and similar endeavors"; and, WHEREAS, the County is now prepared to develop this real estate for public park and recreational uses consistent with its master plan, the protective covenants and the commitments made to its citizens. NOW THEREFORE, BE IT RESOLVED by the Board of Supervisors ofRoanoke County, Virginia: That the eight (8) acres of real estate owned by Roanoke County and located in the Mountain View Technological Park is hereby dedicated to be used for public park and recreational uses, and to become part of the County's system of parks. The use of this real estate is limited to public park and recreational activities, football, soccer, baseball, either adult or youth, and similar endeavors. 2. That this resolution shall be effective from and after the date of its adoption. U:\W PDOCS\AGENDA\REALEST\amppark.res.wpd i O~ POANp,Y~` ~ 9 o ; a AGENDA ITEM NO. ~ "' J 183$ APPEARANCE REQUEST -PUBLIC HEARING -ORDINANCE Y~ CITIZEN COMMENTS SUBJECT: 1 `v-s 12 I would like the Chairman of the Board of Supervisors to recognize me during the meeting on the above matter so that I may comment. WHEN CALLED TO THE LECTERN, / W/LL G/VE MY NAME AND ADDRESS FOR THE RECORD, /AGREE TO AB/DE BY THE GU/DEL/NES L/STED BELOW; • Each speaker will be given between three to five minutes to comment whether speaking as an individual or representative. The Chairman will decide the time limit based on the number of citizens speaking on an issue, and will enforce the rule unless instructed by the majority of the Board to do otherwise. ^ The speaker will be limited to a presentation of his/her point of view only. Questions of clarification may be entertained by the Chairman. ^ All comments must be directed to the oard. Debate between a recognized speaker and audience members is not allowed. ^ Both speakers and the audience will exercise courtesy at all times. ^ Speakers are requested to leave any written statements and/or comments with the Clerk to the Board. ^ lndividua/s speaking on behalf of an organized group sha11 file with the Clerk written authorization from the Group allowing the individual to represent them. PLEASE PRINT NAME: ADDRESS: IBLY AND P~ l TO THE CLERK TO THE BOARD ti ~~~ ~fL ~ r LJr, (~KP PHONE: ~ ~~p- ~I ~ ~~ c> O~ ROANp~~` h~, ,~9 z ~ ~ g AGENDA ITEM NO. 1838 APPEARANCE REQUEST -PUBLIC HEARING -ORDINANCE ~CITI2EN COMMENTS SUBJECT: ~:~ C CL ,~- f L~ I would like the Chairman of the Board of Supervisors to recognize me during the meeting on the above matter so that I may comment. WHEN CALLED TO THE LECTERN, / W/LL G/VE MY NAME AND ADDRESS FOR THE RECORD, /AGREE TO AB/DE BY THE GU/DEL/NES L/STED BELOW; • Each speaker will be given between three to five minutes to comment whether speaking as an individual or representative. The Chairman will decide the time limit based on the number of citizens speaking on an issue, and will enforce the rule unless instructed by the majority of the Board to do othen-vise. ^ 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 andlor 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: ~,~~ ~~ NT-2 ~ ADDRESS: ~~ c) ~f C ~- L J N S J~ PHONE: , ~ (~ ,~ - C~ ~ o~ .~ O~ ROAN ,~~` ~ '~,~ _., z z' °,~ ~ a 1838 AGENDA ITEM NO. APPEARANCE REQUEST -~' PUBLIC HEARING ORDINANCE CITIZEN COMMENTS SUBJECT: IUOr-~~ Ii~a„~®~~ Soc~-~~ ~:,.cl~s I would like the Chairman of the Board of Supervisors to recognize me during the meeting on the above matter so that I may comment. WHEN CALLED TO THE LECTERN, / W/LL G/VE MY NAME AND ADDRESS FOR THE RECORD, /AGREE TO AB/DE BY THE GU/DEL/NES L/STED BELOW; • Each speaker will be given between three to five minutes to comment whether speaking as an individual or representative. The Chairman will decide the time limit based on the number of citizens speaking on an issue, and will enforce the rule unless instructed by the majority of the Board to do otherwise. ^ The speaker will be limited to a presentation of his/her point of view only. Questions of clarification may be entertained by the Chairman. ^ All comments must be directed to the oard. Debate between a recognized speaker and audience members is not allowed. ^ Both speakers and the audience will exercise courtesy at all times. ^ Speakers are requested to leave any written statements and/or comments with the Clerk to the Board. ^ Individuals speaking on behalf of an organized group shall file with the Clerk written authorization from the Group allowing the individual to represent them. PLEASE PRINT LEGIBLY AND GIVE TO THE CLERK TO THE BOARD NAME: ~~tl ~~~iar ADDRESS: _ 7~ Y~/ A ~~:,/~ ~'C~ /IOL+t/ 11oa-~oll~.~ ls,~ o? ~f0~ PHONE: 3~/° X03 a ROAN ~~ O .a ~ ~ ` ~ z' ~ h. 2 v a 1 39 AGENDA ITEM NO. APPEARANCE REQUEST PUBLIC HEARING ORDINANCE CITIZEN COMMENTS SUBJECT: N 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 andlor 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: ~ ~n~~ a ~,o,n~- n I ADDRESS: PHO/~/E- ~i AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, DECEMBER 21, 1999 ORDINANCE 122199-13 TO AMEND CONDITIONS ON A PLANNED RESIDENTIAL DEVELOPMENT ORIGINALLY CONSISTING OF 302 ACRES LOCATED ON COTTON HILL ROAD, NORTH AND SOUTH OF THE BLUE RIDGE PARKWAY IN THE CAVE SPRING MAGISTERIAL DISTRICT UPON THE APPLICATION OF BOONE, BOONE & LOEB, INC. WHEREAS, by Ordinance 032696-9 the zoning classification of a 302-acre tract of real estate located on Cotton Hill Road, north and south of the Blue Ridge Parkway was changed to PRD, Planned Residential Development District; and WHEREAS, the owner voluntarily proffered in writing, and the Board accepted, conditions which were made a part of the rezoning ordinance and were set out in detail in "A Rezoning Ap,plication~ Planning and Design Documents for Wilshire, County of Roanoke Virginia A Planned Residential Development (PRD) Boone Boone & Loeb, Inc. Owner & Developer dated September 1995 updated March 1996." WHEREAS, Boone, Boone & Loeb, Inc. has now made application to amend these conditions, said amendments being attached to this ordinance and entitled "Changes to be made to Wilshire Planned Residential Development" dated November 1, 1999; and WHEREAS, the first reading of this ordinance was held on November 23, 1999, and the second reading and public hearing were held December 21, 1999; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on December 7, 1999; and, WHEREAS, legal notice and advertisement has been provided as required by law. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as 1 follows: 1. That attached amendments entitled "Changes to be made to Wilshire Planned Residential Development" dated November 1, 1999 to the Planned Residential Development known as Wilshire located on Cotton Hill Road, north and south of the Blue Ridge Parkway, originally consisting of 302 acres (Tax Map Nos. 96.02-1-1, 96.02-1-2, 97.03-2-5, P/O 97.01-2-17, P/O 96.02-1-46, 96.07-1-6) now comprised of tax map numbered parcels as set out on the attached list entitled "December 21, 1999 -Parcels" in the Cave Spring Magisterial District, are voluntarily proffered by the Owners, are hereby accepted by the Board of Supervisors, and are hereby made a part of and incorporated into Exhibit A - "A Rezoning Application: Planningand Design Documents for Wilshire, County of Roanoke, Virginia, A Planned Residential Development (PRD), Boone, Boone & Loeb, Inc. Owner & Developer, dated September 1995, updated March 1996." 2. That this action is taken upon the application of Boone, Boone 8~ Loeb, Inc. 3. That said real estate is more fully described as follows: Approximately 302 acres, as more particularly described on pages 2.a. through 2.m. in the above referenced Exhibit A attached to Ordinance 032696-9 and further described by tax map numbers set out on an attachment to this ordinance entitled "December 21, 1999 -Parcels." 4. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed to amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. On motion of Supervisor Minnix to adopt the ordinance, and carried by the following 2 recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None A COPY TESTE: Brenda J. Holto , CMC Deputy Clerk to the Board of Supervisors cc: File Arnold Covey, Director, Community Development Terry Harrington, County Planner John W. Birckhead, Director, Real Estate Assessment Paul M. Mahoney, County Attorney S -/ NORTH ..~~„ f~ Q ~~ r .. ~~ ~ ~ ~ ~ A ~~- _ .~~.'J .a....~ .. ~ \ . ~. . ~ "-~ _~ . t,. t, _ ~ \ `~, ~ i. ~~ ~~~ . ,. ~R- DEPARTMENT OF PLANNIr'G ' ~' AND ZONING .~ .~, BOONE, BOONE ~ LbEB INC.. AMtND PRD 6 • PETITIONER: Boone, Boone and Loeb ~ - CASE NUMBER: 41-12/99 Planning Commission Hearing Date: December 7, 1999 Board of Supervisors Hearing Date: December 21, 1999 A. REQUEST Petition of Boone, Boone, and Loeb to modify conditions on a previously approved Planned Residential District; Wilshire B. CITIZEN COMMENTS None C. SUMMARY OF COMMISSION DISCUSSION None D. PROFFERED CONDITIONS All previously proffered conditions will remain in effect, with the exception of the changes incorporated herein. E. COMMISSION ACTION(S) Mr. Witt moved to recommend approval of the petition to amend the Wilshire proffered conditions. Ayes: Witt, Hooker, Thomason, Ross, Robinson Nays: None F. DISSENTING PERSPECTIVE None. G. ATTACHMENTS: _ Concept Plan _ Vicinity Map _ Staff Report Other Terrance Har ' gton, cretary Roanoke County Planning Commission s-/ MEMORANDUM DATE: DECEMBER 2, 1999 TO: PLANNING COMMISSION FROM: JANET SCHEID RE: BOONE, BOONE & LOEB, INC. REQUEST TO MODIFY CONDITIONS ON PLANNED RESIDENTIAL DEVELOPMENT - WILSHIRE BACKGROUND In early 1996 the property known as Wilshire was rezoned from R-1, AG-1 and AR to PRD, Planned Residential Development. Wilshire is approximately 302 acres, divided by the Blue Ridge Parkway, and is intended to accommodate all forms of residential development and a small sector of commercial development. As part of the rezoning conditions, the petitioners proffered to convey to the Blue Ridge Parkway/National Park Service various parcels of property that were within the viewshed of the Parkway. These parcels total 18.57 acres with 7.09 acres being on the north side of the Parkway and the remaining 11.48 acres being situated on the south side. These parcels were identified by the design team of Carlton Abbott and David Hill in a 1995 design charette. The proferred conditions specified that this conveyance to the Blue Ridge Parkway would take place "at such time as the developer develops the adjoining property to this land". Boone, Boone & Loeb, Inc. is preparing to develop land surrounding the 7.09 acres on the north side and as such, began their preparations to convey this parcel. Representatives from the Blue Ridge Parkway headquarters office in Asheville North Carolina have informed Mr. Boone that they would prefer to have these parcels of land conveyed to a local land trust organization such as the Western Virginia Land Trust. There are primarily two reasons for this. First, the Parkway is chronically under funded in their maintenance budget and is constantly challenged to maintain and manage the properties they currently hold. Thus, they prefer not to acquire new holdings particularly ones that are relatively small. Secondly, several of the parcels are not contiguous to the Parkway and therefore are not on the Parkway's Land Acquisition Plan. This situation makes it difficult for the Parkway staff to justify the acceptance of the land donation. Based on this information, Mr. Boone contacted a representative from the Western Virginia Land Trust to inquire as to their willingness to accept the fee simple donations of this 7.09 acre parcel of land and the remaining parcels at later dates. The land trust s- is willing to accept these parcels and play an appropriate role in the preservation of these important viewsheds. CURRENT SITUATION Viewshed Lands The request before you is to make the appropriate language changes in the rezoning ordinance, that was approved in 1996, to accommodate another organization besides the Blue Ridge Parkway accepting these conveyances. The suggested language is as follows: "shall be conveyed to the Blue Ridge Parkway or their designee ......" This language allows the Blue Ridge Parkway to control who the land is conveyed to. In the case of the 7.09 acres of land, the Western Virginia Land Trust, upon approval of their Board of Trustees, will accept the donation of this parcel in fee simple. Upon conveyance of the property, the land trust will put a conservation easement on the property and lease it back for a nominal fee to the homeowner's association of Wilshire. The homeowners will have restricted access to the property and in return will maintain the property in a state consistent with the Blue Ridge Parkway. It is the intention of the land trust to pay the appropriate real estate taxes on this property. Zero Lot Line Homes The second minor change the petitioners' are requesting is to make the zero lot line language of the Planned Residential Development consistent with revisions made to the Roanoke County Zoning Ordinance in April 1999. Specifically, this change, if approved, would remove the following statement from the PRD: "If zero lot line is used, no window, door or other openings shall be permitted in the wall of a building that faces the designated zero lot line within five (5) feet of the property line." This zoning ordinance change was approved in April 1999 to allow the developer more flexibility in the design and placement of homes. Staff Recommendation These revisions are minor in nature and do not impact the original intentions of the Planned Residential Development. They will have no impact on the surrounding neighborhoods, traffic, circulation, public services or other design guidelines. Staff recommends that you approve both of these requested revisions to the Wilshire PRD. Fnr e'arf use only ~ r, .., .,.~ ~~ COUNTY 0~ ROAi~IOK~ date received:' received'oy:,,`T~., ~ D Z~NII~JG ' t ~= DEPT. Or- PLANNING AN aoPiicatien `,ee: ` e•,C- I PCiBZr~ a~~ 1, 5204 Bernard Dr. _ / ~.~ ~: ~ P.O. Box 2`?800 placards issues: cC5 dare: VA 24018 k z, v Roano ( j4p` %72-2068 F?n (5';0) ]%2-21 G8 Case ^lum~er: ~~~,",,, '- 838 .. :. ,: .... p „ ,~ ..~ Ch c`{ type of application filed (chec!< ail that applyl: ~REZGNING ^ SPECIA.L USE CI`JA.RIA,NCE Applicant's name: ~~~,.~'~~ '~=~c- ~. L~~i-3, ~=~c:. Phone:~'q-3- ~i,~~co Address: d~ t/~• ~F ~ ~~~ ~ (~~;~.~s~~.~ ~~ Zip Code; ~~ ~(~,~ wner's name: Phone: 0 ~ ~ Address: Zip Cade: Location of propery: ~ Tax Map Numoer: ~~~ o ,y S ~~ ~ ~;ac~ti~ ~~~-~ ~ ~~''~~ Magiste.ial District: /o Community Planning Area: ~~~,~ ~~~~~~~ ~~u~`~~ ~~`~` `~`~`'~"~( ~ ~~~.~c~ i i ~~~ i Z E Size of parcel (s): on ng: ; st ng x G:.~-Z- acres Existing Lard Use: ~~;":~ ~4v ~i~ ~ sq.ft. :;::.,;:::~i::::~: Proposed Zoning: ~1Z,~ ~~t~ a.~~-~.z'~> ,=or Sian` Use Only Proposed Land Use: ~-'~~`~[,17. Lr= c- ~ ~~'-~~~1:?2,t',''~~~\ y. Ct"4~`"(~CC.(~+ Use Type: Does the pace! meet the minimum lot area, width, and frontage requirements of the requested di_=tric;% YES ,y/ NO IF N0, A. Vr^,;=~iA.NCE IS REQUIRED FIRST. ~ NC Does the parcel meet the minimum criteria for t.".2 requested Use Type? YES ~ A V,aRIA.NCE 1S REQUIRED FIRST. !F N0 , if rezoning request, are conditions being Dfotiere'd with this request? YES /~ NG ;~;:~~;:: °,;::;;;;:i:::;::::;;;: :~:::::~:::i,:i:::::: ii'~r~' ~ ~ . x ~! .~. .. , . , , ~ Variance of Section(s) of the Roanoke County Zoning Grdinance in order to. Is the application complete? Please check if enc'osed. A.PPLICA.TiON ~/ILL NO i BS ACC:" ~ t:~ ~r ;-.IVY ~r- THESE ITEMS ARE MISSING OR INCOIy1PLET'"c. R75 V W9 V fllS V Consultation 8 1 i2" x 1 1 "concept plan Application fee Application ~''' N1e*.2s and Bounds description <-<, Prcr'fers, It applicacl2 Justification ~~`'~:~ Water and sz~Ner application Adjoining propery o~f~ners l hereby certiry :hat / am ether the owner of the property or the owner's agent or contract purchaser and am actr'ng with the knowied e and c resent or the ~opwner, r,~"~ ~~ `~)p ~'~r~~ (~,G, '~orNe~~oo+~1e, ~ ~~f ~~• ~0~ ~~ f~'^~ i '-'*"'~ ~""~-~(1..~.~ l„ Cry . Owner's Signature: 1/,~. 't~^f ;~ „;~,,,,,,~~i~r s ~ ~ 1 i ~ ' 7 f r' ~+ ., s_. Application of Rezoning Owner's name and address.: (the following are various owners of records as well as contractual owners.) Nicholas H. Beasley and Susan Beasley 5489 Crystal Creek Drive Roanoke, VA 24018 Boone, Boone & Loeb, Inc. P. O. Box 8156 Roanoke, VA 24014 Palm Land Company, L.C. P. O. Box 8156 Roanoke, VA 24014 Cotton Hill Land Company, L.C. P. O. Box 8156 Roanoke, VA 24014 Location of Property: PRD Property, located on the north side of the Blue Ridge Parkway, is accessed from Cotton Hill Road onto Monet Drive and begins at the end of "The Gardens of Cotton Hill" Subdivision, but does not include Section 1 of the Groves and Section 2, Ashmount in the Groves. PRD Property, located on the south side of the Blue Ridge Parkway, accesses directly off Cotton Hill Road. See attached list of tax map numbers. Magisterial District: Cave Spring Magisterial District G:/Dev_rev/Kristie;Application of Rezoning S-~ NORTH .~ ~ ~~ ' ~..« ~ i ~_ ., '° ....<., _ _~..~... A~" ___--~-~. AGE- -----aG-3 . ~~' ~ ~ i ~~ 3 ~., l ~ ,.. ~~ . _ ~ ~~ ' ~ ~~ ~, 7 ~4\ ~ K I `~~' ~ ~- ~ 6` ,. i ~.. ~ .\ \ /\ ~° \ ~~ ,~ * DEPART'M.ENT OF PL.ANNIrG arrD zcrrlrrG .> . .,, BOONE, BOONE ~ LOEB INC.. AMtND PRD s-/ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, DECEMBER 21, 1999 ORDINANCE TO AMEND CONDITIONS ON A PLANNED RESIDENTIAL DEVELOPMENT ORIGINALLY CONSISTING OF 302 ACRES LOCATED ON COTTON HILL ROAD, NORTH AND SOUTH OF THE BLUE RIDGE PARKWAY IN THE CAVE SPRING MAGISTERIAL DISTRICT UPON THE APPLICATION OF BOONE, BOONE & LOEB, INC. WHEREAS, by Ordinance 032696-9 the zoning classification of a 302-acre tract of real estate located on Cotton Hill Road, north and south of the Blue Ridge Parkway was changed to PRD, Planned Residential Development District; and WHEREAS, the owner voluntarily proffered in writing, and the Board accepted, conditions which were made a part of the rezoning ordinance and were set out in detail in "A Rezoning Ayplication• Plannin~~and Design Documents for Wilshire, County of Roanoke, Virginia, A Planned Residential Development PRD) Boone Boone & Loeb, Inc. Owner & Developer, dated September 1995, updated March 1996." WHEREAS, Boone, Boone & Loeb, Inc. has now made application to amend these conditions, said amendments being attached to this ordinance and entitled "Changes to be made to Wilshire Planned Residential Development" dated November 1, 1999; and WHEREAS, the first reading of this ordinance was held on November 23,1999, and the second reading and public hearing were held December 21, 1999; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on December 7, 1999; and, WHEREAS, legal notice and advertisement has been provided as required by law. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That attached amendments entitled "Changes to be made to Wilshire Planned Residential Development" dated November 1, 1999 to the Planned Residential Development known 1 S-/ as Wilshire located on Cotton Hill Road, north and south of the Blue Ridge Parkway, originally consisting of302 acres (Tax MapNos. 96.02-1-1, 96.02-1-2, 97.03-2-5, P/097.01-2-17, P/O 96.02-1-46, 96.07-1-6) now comprised of tax map numbered parcels as set out on the attached list entitled "December 21, 1999 -Parcels" in the Cave Spring Magisterial District, are voluntarily proffered by the Owners, are hereby accepted by the Board of Supervisors, and are hereby made a part of and incorporated into Exhibit A - "A Rezoning Application• Planning and Design Documents for Wilshire, County of Roanoke Virginia A Planned Residential Development (PRD), Boone, Boone & Loeb, Inc. Owner & Developer dated September 1995, updated March 1996." 2. That this action is taken upon the application of Boone, Boone & Loeb, Inc. 3. That said real estate is more fully described as follows: Approximately 302 acres, as more particularly described on pages 2.a. through 2.m. in the above referenced Exhibit A attached to Ordinance 032696-9 and further described by tax map numbers set out on an attachment to this ordinance entitled "December 21, 1999 -Parcels." 4. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed to amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. U:\WPDOCS\AGENDA\ZONING\wilshire.amd 2 December 21,1999 -Parcels Wilshire amendment to proffers 096.02-01-01.00-0000 096.02-01-02.00-0000 096.02-01-46.00-0000 096.02-01-46.04-0000 096.07-01-06.00-0000 096.07-05-16.00-0000 096.07-0 5-17.00-0000 096.07-0 5-18.00-0000 096.07-07-18.00-0000 096.07-07-19.00-0000 096.07-07-20.00-0000 096.07-07-21.00-0000 096.07-07-22.00-0000 096.07-07-23.00-0000 096.07-07-24.00-0000 096.07-07-25.00-0000 096.07-07-26.00-0000 096.07-07-27.00-0000 096.07-07-28.00-0000 096.07-07-29.00-0000 096.07-07-30.00-0000 096.07-07-31.00-0000 096.07-07-32.00-0000 096.07-07-33.00-0000 096.07-07-34.00-0000 096.07-07-35.00-0000 096.07-07-36.00-0000 096.07-07-37.00-0000 096.07-07-38.00-0000 096.07-07-39.00-0000 096.07-07-40.00-0000 096.07-07-41.00-0000 096.07-07-42.00-0000 096.07-07-43.00-0000 096.07-07-44.00-0000 096.07-07-45.00-0000 096.07-07-46.00-0000 096.07-09-01.00-0000 096.07-09-02.00-0000 096.07-09-03.00-0000 096.07-09-04.00-0000 096.07-09-05.00-0000 096.07-09-06.00-0000 096.07-09-07.00-0000 096.07-09-08.00-0000 096.07-09-09.00-0000 096.07-09-10.00-0000 096.07-09-11.00-0000 096.07-09-12.00-0000 ~ -- / ~~1 096.07-09-13.00-0000 096.07-09-14.00-0000 096.07-09-15.00-0000 096.07-09-16.00-0000 096.07-09-17.00-0000 096.07-09-18.00-0000 096.07-09-19.00-0000 096.07-09-20.00-0000 096.07-09-21.00-0000 096.07-09-22.00-0000 096.07-09-23.00-0000 096.07-99-01.01-0000 096.08-03-01.00-0000 096.08-03-02.00-0000 096.08-03-03.00-0000 096.08-03-04.00-0000 096.08-03-05.00-0000 096.08-03-06.00-0000 096.08-04-01.00-0000 096.08-04-02.00-0000 096.08-04-03.00-0000 096.08-04-04.00-0000 096.08-04-05.00-0000 096.08-04-06.00-0000 096.08-04-07.00-0000 096.08-04-08.00-0000 096.08-04-09.00-0000 096.08-04-10.00-0000 096.08-04-11.00-0000 096.08-04-12.00-0000 096.08-04-13.00-0000 096.08-04-14.00-0000 096.08-04-15.00-0000 096.08-04-16.00-0000 096.08-04-17.00-0000 096.08-04-18.00-0000 096.08-04-19.00-0000 096.08-04-20.00-0000 097.01-02-17.00-0000 097.03-02-05.00-0000 ~-/ CHANGES TO BE MADE TO WILSHIRE PLANNED RESIDENTIAL DEVELOPMENT November 1, 1999 (Additions in bold) Page 8a' Land Use Designations/Development Regulations: Change the following: Gross acreage for the PRD shall include all acreage within the limits of the PRD including all acreage dedicated as open green space or conveyed to the Blue Ridge Parkway/National Park Service, or its designee or noted as community services property. Page 8b: Exhibit A1: Residential Areas Outside Architectural Guidelines (RO) and Cluster Home Areas: Remove the following statement from both of these columns, "If zero lot line is used, no window, door or other openings shall be permitted in the wall of a building that faces the designated zero lot line within five (5) feet of the property line". Staff comment: The removal of this statement makes the zero lot line requirements as it relates to windows, doors or other openings, consistent with revisions to the Roanoke County Zoning Ordinance made in April 1999. Page 10.a: Public Services/Utilities: Change the following: Prior to conveying any open green space property to the Blue Ridge Parkway, or its designee, outlined in Section 11 of this document...... Page 11.a: Open Green Space Plan: Change the following: Approximately 7 acres adjoining the Blue Ridge Parkway shall be conveyed to the Blue Ridge Parkway or its designee by the developer at such time as the developer ......... This conveyance shall be under a lease back agreement whereby the homeowner's association would lease back this property for a nominal sum from the Blue Ridge Parkway or its designee to allow the homeowner's association to maintain the property. Change the following: Also, there are approximately 11.5 acres that shall be conveyed to the Blue Ridge Parkway or its designee with 10.7 of these acres on a lease back arrangement whereby the residents shall have restricted access and the homeowner's association will maintain them in a state consistent with the Blue Ridge Parkway or its designee. Change the following: Open green space areas proposed to be dedicated to the Blue Ridge Parkway/National Park Service or its designee are shown on the Master Development Plan, designated as OGS/BRP. S_~ Change the following: Open green space shown on the Master Development Plan, that is to be dedicated to the Blue Ridge Parkway/National Park Service or its designee, shall be dedicated as several individual parcels..... Page 11 b' Olen Green Space Plan: Change the following: Common open green space shall include all areas dedicated to the Blue Ridge Parkway/National Park Service or its designee, recreational amenity areas, and all other..... Change the following: The following is a breakdown of the areas to be open green space that shall be maintained by the homeowner's association, open green space that shall be conveyed to the Blue Ridge Parkway/National park Service or its designee and leased back to the homeowner's association and amenity recreation areas: North Side Blue Ridge Parkway, or its designee, with lease back agreement South Side Blue Ridge Parkway, or its designee, with lease back agreement Blue Ridge Parkway, or its designee, no lease back Page 13 a: Development Schedule: Change the following: the open green space land to be conveyed to the Blue Ridge Parkway, or its designee shall be conveyed at such time as the property noted RW adjacent to it is developed. Change the following: On the south side: the open green space property to be conveyed to the Blue Ridge Parkway, or its designee adjacent to the multi-use property close to.......; the open green space property to be conveyed to the Blue Ridge Parkway, or its designee adjacent to the RV property shall be conveyed....; the open green space property to be conveyed to Blue Ridge Parkway, or its designee adjacent to the cluster homes shall be......; the final small piece of open green space property to be conveyed to the Blue Ridge Parkway, or its designee shall be conveyed when the adjoining..... ~. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, DECEMBER 21, 1999 ORDINANCE 122199-14 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: 1. 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 year. Every person whose gross receipts in the preceding calendar year shall be less than five thousand dollars ($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 Billiard or pool establishments or parlors Blacksmith or wheelwright Boat landings 2 Booking agents or concert managers Bottle exchanges Bowling alleys Business research and consulting services Cemeteries Chartered clubs 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 Hypnotists 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 4 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) 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, moist, 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. On motion of Supervisor Johnson to adopt the ordinance, and carried by the following recorded vote: 5 AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None A COPY TESTE: Brenda J. Ho on, CMC Deputy Clerk to the Board of Supervisors cc: File Joseph O. Obenshain, Senior Assistant County Attorney Circuit Court Roy B. Willett, Judge Clifford R. Weckstein, Judge Diane McO. Strickland, Judge Richard C. Pattisall, Judge Robert P. Doherty, Jr., Judge Jonathan M. Apgar, Judge Steven A. McGraw, Clerk Juvenile Domestic Relations District Court Joseph M. Clarke, II, Judge Philip Trompeter, Judge John B. Ferguson, Judge Joseph P. Bounds, Judge Ruth P. Bates, Clerk Intake Counsellor General District Court George W. Harris, Judge William Broadhurst, Judge Vincent Lilley, Judge Julian H. Raney, Judge Jacqueline F. Ward Talevi, Judge Theresa A. Childress, Clerk Skip Burkart, Commonwealth Attorney Paul M. Mahoney, County Attorney Magistrates Sherri Krantz/Betty Perry Main Library Ray Lavinder, Police Chief Richard Burch, Chief of Fire & Rescue Roanoke Law Library, 315 Church Avenue, S.W., Rke 24016 Roanoke County Law Library, Singleton Osterhoudt Roanoke County Code Book Gerald S. Holt, Sheriff John M. Chambliss, Jr., Assistant County Administrator Don C. Myers, Assistant County Administrator Diane D. Hyatt, Director, Finance O. Arnold Covey, Director, Community Development Terrance L. Harrington, County Planner Gary Robertson, Director, Utility Michael Lazzuri, Court Services Elaine Carver, Director, General Services Thomas S. Haislip, Director, Parks & Recreation Gardner Smith, Director, Procurement John W. Birckhead, Director, Real Estate Assessment Alfred C. Anderson, Treasurer R. Wayne Compton, Commissioner of Revenue 7 ACTION # ITEM NUMBER -S~ ~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIItGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: December 21, 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 permit hypnotists to be taxed as other personal service occupations for business license purposes COUNTY ADMII~IISTRATOR'S COMMENTS: --~sa~' 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). SUNIlVIARY 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 S - .Z- category includes such occupations as artists, musicians, massage therapists, music schools and instructors, taxidernusts, 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 IlVIPACT: None anticipated at this time. STAFF RECOIVIlVIENDATION: Staff recommends that the Board approve Option I. Respectfully submitted, ~, `~ , ~~P~1Ua/E-~irv~ seph B. Obenshain Senior Assistant County Attorney Approved ( ) Denied ( ) Received ( ) Referred to Motion by: ACTION 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 21, 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 ~` year. Every person whose gross receipts in the preceding calendar year shall be less than five thousand dollars ($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 Billiard 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 S- ~ 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 ............................ ........................... 1p~tra 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) s _~, 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, lrpprrotist, 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:~ATTORNEYUBOVIGENDA~I-IYPNOTIS.ORD ,~. .~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, DECEMBER 21, 1999, RESOLUTION 122199-15 CALLING FOR INCREASED DRIVER SAFETY, RESPONSIBILITY AND AWARENESS AMONG COMMUNITIES ALONG VIRGINIA INTERSTATE 81 DURING THE 1999 HOLIDAY DRIVING SEASON AND THROUGHOUT 2000. WHEREAS, according to VDOT, Virginia Interstate 81 is a vital economic and social lifeline for the communities of western Virginia, covering: 325 miles with 90 interchanges; serving 29 colleges; 48 historical districts; and uniting 60% of the state's population, and; WHEREAS, a common danger is posed to the citizens of western Virginia since, according to VDOT, traffic on 1-81 has doubled in the last 10 years, ranging from 30,000 to 60,000 vehicles per day with trucks making up 20 to 40 percent of the traffic mix, and; WHEREAS, each holiday season, traffic is especially heavy because of the number of families and students who travel Virginia 1-8 1, and; WHEREAS, necessary future expansion and improvements to 1-81 will cause increased hazards and disruption, and; WHEREAS, each community along Virginia 1-81 has a vested interest in promoting driver safety. THEREFORE, BE IT RESOLVED by the Roanoke County Board of Supervisors that: 1. The County of Roanoke will join other municipalities in a call for increased driver safety, responsibility and awareness during the 1999 holiday season and throughout 2000. 2. The County Clerk is authorized to invite other Virginia 1-81 counties to join in this resolution. 1 .." 3. Given the joint nature of this resolution and the need for increased awareness, each participating locality is invited to participate in a joint public announcement of its resolution at a date in the future to be announced. On motion of Supervisor Harrison to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None A COPY TESTE: 7~-~ Brenda J. Ho on, CMC Deputy Clerk to the Board of Supervisors cc: File Peter F. Mullen, Contact, I-81 Covered in Prayer Committee Mary F. Parker, Clerk, Roanoke City Council Forest Jones, Clerk, Salem City Council Carolyn S. Ross, Clerk, Vinton Town Council Other Counties: Augusta Botetourt Frederick Montgomery Pulaski Rockbridge Rockingham Shenandoah Smyth Washington Wythe 2 O~ POANO~~G ~ A ~~ o Z v 'a 1838 APPEARANCE PUBLIC HEARING ORDINANCE SUBJECT: AGENDA ITEM NO. I REQUEST r: CITIZEN COMMENTS I would like the Chairman of the Board of Supervisors to recognize me during the meeting on the above matter so that I may comment. WHEN CALLED TO THE LECTERN, / W/LL G/VE MY NAME AND ADDRESS FOR THE RECORD, /AGREE TO AB/DE BY THE GUIDELINES LISTED BELOW; • Each speaker will be given between three to five minutes to comment whether speaking as an individual or representative. The Chairman will decide the time limit based on the number of citizens speaking on an issue, and will enforce the rule unless instructed by the majority of the Board to do otherwise. ^ The speaker will be limited to a presentation of his/her point of view only. Questions of clarification may be entertained by the Chairman. ^ All comments must be directed to the 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 LEGIBLY AND GIVE TO THE CLERK TO THE BOARD NAME: ~0~~ I,I~VI~ ADDRESS: 17 L S ~11 I (~ ~/~-~ Q V~ . PHONE: J~~~'- I Z UA- 1 w Communities united in prayer for the safety and well being of those who travel and work along Interstate 81. Interstate 81 is a vital economic and social lifeline for western Virginia, covering: 325 miles with 90 interchanges 29 colleges 48 historical districts ^ 60% of the state's population Interstate 81 poses a common danger to the citizens of western Virginia. (Source: VDOT) ^ Its' two-lane (North & South) highway was designed for volume and vehicles of 30 years ago. ^ Traffic volume has doubled in the last 10 years. It now ranges from 30,000 to 60,000 vehicles per day. Trucks make up 20 to 40 percent of the traffic mix. ^ Approximately 30% of all college students in the state travel I-81 thus creating extra pressure especially during holidays. Proposed solutions to these dangers include technology, engineering and money, involving: ^ Widening to 4 lanes over 20 years at a cost of $3 billion; ^ Increased law enforcement and ongoing safety-service patrols; ^ Early warning electronic message boards and travel radio stations; ^ Rumble strips, rear view radar, magnetic sensors, U/V headlights. We believe that prayer can help make a difference NOW. Imagine the possibilities. . ^ What if every church and synagogue along Virginia I-81 joined together in an ongoing prayer for the safety and well being of those who travel and work each day on this highway? ^ What if our sense of community and neighborhood expanded to include every city and town from Bristol to Winchester? ^ What if trucking companies and motorists were told that this stretch of I-81 is different than any other highway they will ever travel? Here they are covered in prayer. ^ What if road signs, bumper stickers, traffic hospitality stops, a web site and our own driving sent a clear and consistent message the moment you entered Virginia I-81 saying, Welcome to our neighborhood. We 're praying for your safety. Please drive carefully. ^ What if the families who have lost loved ones and those who have been injured were told that the larger "I-81 community" remembers them in prayer. Join your neighbors in 2000 as we cover I-81 in prayer. To add your congregation or prayer group, contact the Covered in Prayer Committee, c/o Peter Mullen, 1725 Millbridge Rd., Salem, Virginia 24153 540.389.1259 or on the web at www.coveredinpra e~r.org Resolution A RESOLUTION calling for increased driver safety, responsibility and awareness among communities along Virginia Interstate 81 during the 1999 holiday driving season and throughout 2000. WHEREAS, according to VDOT, Virginia Interstate 81 is a vital economic and social lifeline for the communities of western Virginia, covering: 325 miles with 90 interchanges; serving 29 colleges; 48 historical districts; and uniting 60% of the state's population, and; WHEREAS, a common danger is posed to the citizens of western Virginia since, according to VDOT, traffic on I-81 has doubled in the last 10 years, ranging from 30,000 to 60,000 vehicles per day with trucks making up 20 to 40 percent of the traffic mix, and; WHEREAS, each holiday season, traffic is especially heavy because of the number of families and students who travel Virginia I-81, and; WHEREAS, necessary future expansion and improvements to I-81 will cause increased hazards and disruption, and; WHEREAS, each community along Virginia I-81 has a vested interest in promoting driver safety, THEREFORE, BE IT RESOLVED by the Roanoke County Board of Supervisors that: 1. The County of Roanoke will join other municipalities in a call for increased driver safety, responsibility and awareness during the 1999 holiday season and throughout 2000. 2. The County Clerk is authorized to invite other Virginia I-81 counties to join in this resolution. 3. Given the joint nature of this resolution and the need for increased awareness, each participating locality is invited to participate in a joint public announcement of its' resolution at a date in the future to be announced. ATTEST: County Clerk ~ JOAN ,I.~ L ti 9 ~ ~ 1 ~ y~ Y 13 P.O. BOX 29800 5204 BERNARD DRIVE MARY H. ALLEN, CMC ROANOKE, VIRGINIA 2401 8-0798 BRENDA J. HOLTON CLERK TO THE BOARD (5401 772-2005 DEPUTY CLERK Internet E-Mail: mallenQvrww.co.roanoke.va.us FAX (540) 772-21 93 Internet E-Mail: bholton@www.co.roanoke.va.us December 27, 1999 Mr. Richard Jones, President Salem/Roanoke County Chamber of Commerce P. O. Box 832 Salem, VA 24153 Dear Mr. Jones: Attached is a certified copy of Resolution No. 122199-10.r supporting the submission by the Salem/Roanoke County Chamber of Commerce of an ISTEA Transportation Enhancement Program application for the Carriage House in Longwood Park. This resolution was unanimously adopted by the Board of Supervisors at their meeting on Tuesday, December 21, 1999. If you need further information, please do not hesitate to contact me. Sincerely, Mary H. Allen, CMC/AAE Clerk to the Board of Supervisors bj h Attachment cc: Judy Griesenbrock, Executive Director ® Recycled Paper AN~?,~ L ,. .. $ 2 G1 a ~~~~ ~ ~ ~~~~ ~.~ 1 38 P.O. BOX 29800 5204 BERNARD DRIVE ROANOKE, VIRGINIA 24018-0798 BRENDA J. HOLTON MARY H. ALLEN, CMC (540) 772.2005 CLERK TO THE BOARD DEPUTY CLERK Internet E-Mail: mallen@wwyv.co.roanoke.va.us FAX (540) 772-2193 Internet E-Mail: bholton@www.co.roanoke.va.us December 27, 1999 Mr. Peter Mullen I-81 Covered in Prayer Committee 1725 Millbridge Road Salem, VA 24153 Dear Mr. Mullen: Attached is a copy of Resolution No. 122199-15 calling for increased driver safety, responsibility and awareness among communities along Interstate 81. This resolution was unanimously adopted by the Board of Supervisors at their meeting on Tuesday, December 21, 1999. Copies of this resolution are being forwarded to surrounding counties adjacent to Interstate 81. If you need further information, please do not hesitate to contact me. Sincerely, Y1~1.~~ .~! -.- Mary H. Allen, CMC/AAE Clerk to the Board of Supervisors bjh Attachment cc: Mary F. Parker, Clerk, Roanoke City Council Forest Jones, Clerk, Salem City Council Carolyn S. Ross, Clerk, Vinton Town Council County of Augusta County of Botetourt County of Frederick County of Montgomery County of Pulaski County of Rockbridge County of Rockingham County of Shenandoah County of Smyth County of Washington County of Wythe ® Recycled Paper .~ Chairman Augusta Co. Board of Supervisors P. O. Box 590 Verona, VA 24482 Chairman Rockbridge Co. Bd. Of Supv 150 S. Main Street Lexington, VA 24450 Chairman Frederick Co. Bd. of Supervisors 107 North Kent Street Winchester, VA 22601 Chairman Rockingham Co. Bd. Of Supv P. O. Box 1252 Harrisonburg, VA 22801 Chairman Pulaski Co. Bd. Of Supervisors 143 Third Street, Suite 1 Pulaski, VA 24301 Chairman Shenandoah Co. Bd. Of Supv. P. O. Box 488 Woodstock, VA 22664 Chairman Chairman Chairman Smyth Co. Board of Supv. Washington Co. Board of Supv. Wythe Co. Board of Supv. 121 Bagley Circle, Suite 100 205 Academy Drive 345 South Fourth Street Marion, VA 24354 Abingdon, VA 24210 Wytheville, VA 24382 Counties to Contact With Joint Resolution Washington Smyth Wythe Pulaski Montgomery Roanoke Botetourt Rockbridge Augusta Rockingham Shenandoah Frederick Communities united in prayer for the safety and well being of those who travel and work along Interstate 81. Interstate 81 is a vital economic and social lifeline for western Virginia, covering: 325 miles with 90 interchanges 29 colleges 48 historical districts ^ 60% of the state's population Interstate 81 poses a common danger to the citizens of western Virginia. (Source: VDOT) ^ Its' two-lane (North & South) highway was designed for volume and vehicles of 30 years ago. ^ Traffic volume has doubled in the last 10 years. It now ranges from 30,000 to 60,000 vehicles per day. Trucks make up 20 to 40 percent of the traffic mix. ^ Approximately 30% of all college students in the state travel I-81 thus creating extra pressure especially during holidays. Proposed solutions to these dangers include technology, engineering and money, involving: ^ Widening to 41anes over 20 years at a cost of $3 billion; ^ Increased law enforcement and ongoing safety-service patrols; ^ Early warning electronic message boards and travel radio stations; ^ Rumble strips, rear view radar, magnetic sensors, U/V headlights. We believe that prayer can help make a difference NOW. Imagine the possibilities. . ^ What if every church and synagogue along Virginia I-81 joined together in an ongoing prayer for the safety and well being of those who travel and work each day on this highway? ^ What if our sense of community and neighborhood expanded to include every city and town from Bristol to Winchester? ^ What if trucking companies and motorists were told that this stretch of I-8l is different than any other highway they will ever travel? Here they are covered in prayer. ^ What if road signs, bumper stickers, traffic hospitality stops, a web site and our own driving sent a clear and consistent message the moment you entered Virginia I-81 saying, Welcome to our neighborhood. We're praying for your safety. Please drive carefully. ^ What if the families who have lost loved ones and those who have been injured were told that the larger "I-81 community" remembers them in prayer. Join your neighbors in 2000 as we cover I-81 in prayer. To add your congregation or prayer group, contact the Covered in Prayer Committee, c/o Peter Mullen, 1725 Millbridge Rd., Salem, Virginia 24153 540.389.1259 or on the web at www.coveredinpra ey r.org Resolution A RESOLUTION calling for increased driver safety, responsibility and awareness among communities along Virginia Interstate 81 during the 1999 holiday driving season and throughout 2000. WHEREAS, according to VDOT, Virginia Interstate 81 is a vital economic and social lifeline for the communities of western Virginia, covering: 325 miles with 90 interchanges; serving 29 colleges; 48 historical districts; and uniting 60% of the state's population, and; WHEREAS, a common danger is posed to the citizens of western Virginia since, according to VDOT, traffic on I-81 has doubled in the last 10 years, ranging from 30,000 to 60,000 vehicles per day with trucks making up 20 to 40 percent of the traffic mix, and; WHEREAS, each holiday season, traffic is especially heavy because of the number of families and students who travel Virginia I-81, and; WHEREAS, necessary future expansion and improvements to I-81 will cause increased hazards and disruption, and; WHEREAS, each community along Virginia I-81 has a vested interest in promoting driver safety, THEREFORE, BE IT RESOLVED by the Roanoke County Board of Supervisors that: 1. The County of Roanoke will join other municipalities in a call for increased driver safety, responsibility and awareness during the 1999 holiday season and throughout 2000. 2. The County Clerk is authorized to invite other Virginia I-81 counties to join in this resolution. 3. Given the joint nature of this resolution and the need for increased awareness, each participating locality is invited to participate in a joint public announcement of its' resolution at a date in the future to be announced. ATTEST: County Clerk EtOANp~~ L ti ~ z ~ a? 1838 P.O. BOX 29800 MARY H. ALLEN, CMC CLERK TO THE BOARD Internet E-Mail: mallen@www.co.roanoke.va.us 5204 BERNARD DRIVE ROANOKE, VIRGINIA 24018-0798 (540) 772-2005 FAX (5401 772-2193 BRENDA J. HOLTON DEPUTY CLERK Internet E-Mail: bholton@www.co.roanoke.va.us December 27, 1999 Mr. S. James Sikkema Executive Director Blue Ridge Community Services 301 Elm Avenue, SW Roanoke, VA 24016-4026 Dear Mr. Sikkema: This is to advise that at their meeting on Tuesday, December 21, 1999, the Board ~of Supervisors voted unanimously to ratify the appointment of John M. Hudgins, Jr. as the at-large member of the Blue Ridge Community Services Board of Directors. Mr. Hudgins is filling the unexpired term of Ms. Rita Gliniecki which will expire December 31, 2000. On behalf of the supervisors and the citizens of Roanoke County, please convey to Mr. Hudgins our sincere thanks and appreciation for his willingness to accept this appointment. Sincerely, Mary H. Allen, CMC/AAE Clerk to the Board of Supervisors bj h cc: Mr. John M. Hudgins, Jr. Clerk, Vinton Town Council Clerk, Roanoke City Council Clerk, Salem City Council Clerk, Botetourt County Board of Supervisors Clerk, Craig County Board of Supervisors ® Recycled Paper ;~R R ~F z ~ .~, ~ a~ ~~~~~ ~r~ ~~x~~.~ 1838 P.O. BOX 29800 5204 BERNARD DRIVE COUNTY ADMINISTRATOR ROANOKE, VIRGINIA 24018-0798 BOARD OF SUPERVISORS ELMER C. HODGE FAX (540) 772-2193 BOB L. JOHNSON, CHAIRMAN (540) 772-2004 HARRY C NICKENS,SVICE CHAIRMAN VINTON MAGISTERIAL DISTRICT FENTON F. "SPIKE" HARRISON, JR. CATAWBA MAGISTERIAL DISTRICT JOSEPH McNAMARA December 22 1999 WINDSOR HILLS MAGISTERIAL DISTRICT ~ H. ODELL "FUZZY" MINNIX CAVE SPRING MAGISTERIAL DISTRICT (540) 772-2005 Ms. Eudora J. Altice 4554 Stypes Branch Road Salem, VA 24153 Dear Ms. Altice Enclosed is a resolution of appreciation upon your retirement which was unanimously approved at the December 21, 1999 Board Meeting. On behalf of the Board of Supervisors of Roanoke County and its citizens, 1 wish to offer my appreciation for your many years of capable, loyal and dedicated service to the County. I am pleased to send you this resolution, and notification that Roanoke County has purchased a $100 Savings bond in recognition of youryears ofemploymentwith the County. This bond will be forwarded to you from the Federal Reserve Bank at a later date. If you would like to have your resolution framed, please bring it to the Clerk's Office, at the Roanoke County Administration Building, 5204 Bernard Drive, at any time. It has been our experience that framed resolutions may be damaged when mailed. On behalf of each member of the Board and the citizens of Roanoke County, please accept this Resolution and savings bond with our best wishes for a productive retirement and continued success in the future. Sincerely, Bob L. Johnso hairman Roanoke Coun Board of Supervisors Attachment BLJlbjh cc: Joseph Sgroi, Director, Human Resources Diane Hyatt, Director, Finance Internet E-Mail Internet E-Mail ehodge~www.co.roanoke.va.us ®Recycled Paper bos~www.co.roanoke.va.us - (2l~ixn#~ of ~~ttnake ~ ~~~ ~~ r.~r FtOAIy O~ ~, ~'F ~• ti ~ A Z G7 ,,. J a2 f 38 OF APPRECIATION UPON THE RETIREMENT OF EUDORA J. ALTICE, FINANCE DEPARTMENT WHEREAS, Eudora J. Altice was first employed by Roanoke County as an Account Clerk II in the Finance Department; and also served as Account Clerk III; and WHEREAS, Ms. Altice retired on July 1, 1999, as a Payroll Supervisor, after over thirty-five years of service; and during that time helped the payroll system grow from a manual system to a live real time system; and WHEREAS, Ms. Altice maintained a positive and cooperative attitude during these years while moving with the payroll operation to various locations throughout the County, and provided leadership to employees by her example, and joy to her fellow employees with her homemade cakes and candy; and WHEREAS, Ms. Altice was an outstanding and extremely dependable employee who came to work in all kinds of inclement weather to insure that ail County employees received their paycheck on time and never missed a payroll date. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County expresses its deepest appreciation and the appreciation of the citizens of Roanoke County to EuDORA J. ALTICE for over thirty-five years of capable, loyal and dedicated service to Roanoke County; and FURTHER, the Board of Supervisors does express its best wishes for a happy, restful, and productive retirement. ~~~~~ Mary H. Allen, Clerk Bob L. Joh ,Chairman Harry C.`Nlckens, ice-Cha' an Fenton F. "Spike" Harr on, Jr. McNamara ~~,. ~. H. Odell °Fuzzy" Minnix ~ a aNO,~~ ~, z ~ ~ ~ 2 ~ a 1838 C~v~tn~~ ~~ ~n~x~~~.e P.O. BOX 29800 COUNTY ADMINISTRATOR ELMER C. HODGE (540)772-2004 5204 BERNARD DRIVE ROANOKE, VIRGINIA 24018-0798 FAX (540) 772-2193 December 22, 1999 BOARD OF SUPERVISORS BOB L. JOHNSON, CHAIRMAN HOLLINS MAGISTERIAL DISTRICT HARRY C. NICKENS, VICE-CHAIRMAN VINTON MAGISTERIAL DISTRICT FENTON F. "SPIKE" HARRISON, JR. CATAWBA MAGISTERIAL DISTRICT JOSEPH McNAMARA WINDSOR HILLS MAGISTERIAL DISTRICT H. ODELL "FUZZY" MINNIX CAVE SPRING MAGISTERIAL DISTRICT (540)772-2005 Mr. Thomas L. Marshall Route 1, Box 310 Goodview, VA 24095 Dear Mr. Marshall Enclosed is a resolution of appreciation upon your retirement which was unanimously approved at the December 21, 1999 Board Meeting. On behalf of the Board of Supervisors of Roanoke County and its citizens, I wish to offer my appreciation for your many years of capable, loyal and dedicated service to the County. I am pleased to send you this resolution, and notification that Roanoke County has purchased a $100 Savings bond in recognition of youryears of employment with the County. This bond will be forwarded to you from the Federal Reserve Bank at a later date. If you would like to have your resolution framed, please bring it to the Clerk's Office, at the Roanoke County Administration Building, 5204 Bernard Drive, at any time. It has been our experience that framed resolutions may be damaged when mailed. On behalf of each member of the Board and the citizens of Roanoke County, please accept this Resolution and savings bond with our best wishes for a productive retirement and continued success in the future. Sincerely, Bob L. Johnso ,Chairman Roanoke County Board of Supervisors Attachment BLJ/bjh cc: Joseph Sgroi, Director, Human Resources Rick Burch, Chief of Fire & Rescue Internet E-Mail Internet E-Mail ehodge~www.co.roanoke.va.us ®Recycled Paper bos®www.co.roanoke.va.us C~nun#g of ~uttrca~e ~~~ ~ Y~ ROAN OF /fit,' ,, F- ~p Z ~ ~ 2 a` 1 38 OF APPRECIATION UPON THE RETIREMENT OF THOMAS L. MARSHALL FIRE & RESCUE DEPARTMENT WHEREAS, Thomas L. Marshall was first employed by Roanoke County as a Firefighter on December 18, 1972; and WHEREAS, Mr. Marshall retired on June 1, 1999, after over twenty-six years of service; and WHEREAS, Mr. Marshall was an excellent employee who used very little sick time and always successfully completed any project assigned him; and WHEREAS, Mr. Marshall served as a volunteer with the Vinton Fire Department and Vinton Rescue Department during the late 1960's and 1970's and currently serves as Assistant Chief for the Hardy Volunteer Fire Department; and WHEREAS, Mr. Marshall, through his employment with Roanoke County, has been instrumental in improving the quality of life for its citizens. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County expresses its deepest appreciation and the appreciation of the citizens of Roanoke County to THOMAS L. MARSHALL for over twenty-six years of capable, loyal and dedicated service to Roanoke County. FURTHER, the Board of Supervisors does express its best wishes for a happy, restful, and productive retirement. ~--~ Mary H. Allen, Clerk Bob L. John Harry C. Nickens, Vice-Ch irman i Fenton F. "Spike" Har ison, Jr. ~~~~ seph McNamara ~~~~ ~~~ H. Odell °Fuzzy" Minnix ~ P AN ,~.~ ~ '• ~ ov a, 1 38 COUNTY ADMINISTRATOR ELMER C. HODGE (540) 772-2004 P.O. BOX 29800 5204 BERNARD DRIVE ROANOKE, VIRGINIA 24018-0798 FAX (540) 772-2193 December 22, 1999 BOARD OF SUPERVISORS BOB L. JOHNSON, CHAIRMAN HOLLINS MAGISTERIAL DISTRICT HARRY C. NICKENS, VICE-CHAIRMAN VINTON MAGISTERIAL DISTRICT FENTON F. "SPIKE" HARRISON, JR. CATAWBA MAGISTERIAL DISTRICT JOSEPH McNAMARA WINDSOR HILLS MAGISTERIAL DISTRICT H. ODELL "FUZZY" MINNIX CAVE SPRING MAGISTERIAL DISTRICT (540) 772-2005 Ms. Debbie L. Hogan 1206 Floyd Avenue, SW Roanoke, VA 24015 Dear Ms. Hogan Enclosed is a resolution of appreciation upon your retirement which was unanimously approved at the December 21, 1999 Board Meeting. On behalf of the Board of Supervisors of Roanoke County and its citizens, I wish to offer my appreciation for your many years of capable, loyal and dedicated service to the County. I am pleased to send you this resolution, and notification that Roanoke County has purchased a $100 Savings bond in recognition ofyouryears of employmentwith the County. This bond will be forwarded to you from the Federal Reserve Bank at a later date. If you would like to have your resolution framed, please bring it to the Clerk's Office, at the Roanoke County Administration Building, 5204 Bernard Drive, at any time. It has been our experience that framed resolutions may be damaged when mailed. On behalf of each member of the Board and the citizens of Roanoke County, please accept this Resolution and savings bond with our best wishes for a productive retirement and continued success in the future. Sincerely, Bob L. Johns ,Chairman Roanoke County Board of Supervisors Attachment BLJ/bjh cc: Joseph Sgroi, Director, Human Resources Ray Lavinder, Chief of Police C~~~xr~~ ~f ~~~~o~~ Intemet E-Mail Internet E-Mail ehodgeQwww.co.roanoke.va.us ®Recycled Paper bos~www.co.roanoke.va.us .. y C~.a~~xx~~~ .a~ ~..a~xx~.a.~.e ~ ~~~ ~~ ~~ ROAN ~ ~F ,~ f- ~ 'p z ~ ~ a? 1 38 OF APPRECIATION UPON THE RETIREMENT OF DEBBIE L. HOCAN~ POLICE DEPARTMENT WHEREAS, Debbie L. Hogan was first employed by Roanoke County on September 16, 1978, as a Youth Officer; and also served as a Deputy Sheriff-Youth Officer; Deputy Sheriff-Sergeant for Youth & Family Services Bureau; and Detective; and WHEREAS, Officer Hogan retired from Roanoke County as a Police Officer- Criminalinvestigator onNovember 1,1999, after over twenty-one years of service; and WHEREAS, Officer Hogan was always willing to put in the extra hours needed to get the job done, and was not content until all the "wheels of justice^ had finished turning to complete her case; and WHEREAS, Officer Hogan, through her employment with Roanoke County, has been instrumental in improving the quality of life for its citizens. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County expresses its deepest appreciation and the appreciation of the citizens of Roanoke County to DEBBIE L. HOCAN for over twenty-one years of capable, loyal and dedicated service to Roanoke County. FURTHER, the Board of Supervisors does express its best wishes for a happy, restful, and productive retirement. /^'1 Mary H. Allen, Clerk b L. J ,Chairman ~ ., Harry C.'fYickens, Vice-Ch irman Fenton F. "S ike" Ha ison, Jr. McNamara H. Odell "Fuzzy" o~ ROAN ,~.~ s ~ . A z c> o az reaa C~~~xr~~ .~~ ~nttx~uC~ P.O. BOX 29800 COUNTY ADMINISTRATOR ELMER C. HODGE (540) 772-2004 5204 BERNARD DRIVE ROANOKE, VIRGINIA 24018-0798 FAX (540) 772-2193 December 22, 1999 BOARD OF SUPERVISORS BOB L. JOHNSON, CHAIRMAN HOLLINS MAGISTERIAL DISTRICT HARRY C. NICKENS, VICE-CHAIRMAN VINTON MAGISTERIAL DISTRICT FENTON F. "SPIKE" HARRISON, JR. CATAWBA MAGISTERIAL DISTRICT JOSEPH McNAMARA WINDSOR HILLS MAGISTERIAL DISTRICT H. ODELL "FUZZY" MINNIX CAVE SPRING MAGISTERIAL DISTRICT (540) 772-2005 Mr. Woodrow "Buddy" Swisher 5441 Cove Road Roanoke, VA 2401.9 Dear Mr. Swisher Enclosed is a resolution of appreciation upon your retirement which was unanimously approved at the December 21, 1999 Board Meeting. On behalf of the Board of Supervisors of Roanoke County and its citizens, I wish to offer my appreciation for your many years of capable, loyal and dedicated service to the County. am pleased to send you this resolution, and notification that Roanoke County has purchased a $100 Savings bond in recognition ofyouryears ofemploymentwith the County. This bond will be forwarded to you from the Federal Reserve Bank at a later date. If you would like to have your resolution framed, please bring it to the Clerk's Office, at the Roanoke County Administration Building, 5204 Bernard Drive, at any time. It has been our experience that framed resolutions may be damaged when mailed. On behalf of each member of the Board and the citizens of Roanoke County, please accept this Resolution and savings bond with. our best wishes for a productive retirement and continued success in the future. Sincerely, Bob L. John ,Chairman Roanoke County Board of Supervisors Attachment BLJ/bjh cc: Joseph Sgroi, Director, Human Resources Ray Lavinder, Chief of Police Internet E-Mail Internet E-Mail ehodge~www.co.roanoke.va.us ®Recycled Paper bos~www.co.roanoke.va.us C~.a~~xx~#~ .u~ ~..a~x~.a.~~e ~ ~~ " ~~ ~~ EtOAN O~ ~~ ~F' ~, , L ~" A Z - ~ a? .,~ 838 OF APPRECIATION UPON THE RETIREMENT OF WOODROW B. "BUDDY" SWISHER, POLICE DEPARTMENT WHEREAS, Woodrow B. "Buddy" Swisher was first employed by Roanoke County as a Deputy Sheriff on November 1, 1970; and WHEREAS, Sgt. Swisher also served as Deputy Sheriff/Sergeant; Personnel Training Sergeant; Deputy Sheriff-Services Sergeant; and Police Officer -Sergeant, and retired on November 1, 1999, after over twenty-eight years of service; and WHEREAS, Sgt. Swisher was well respected by his co-workers and supervisors, and his positive attitude and willingness to assist other officers was an inspiration to all; and WHEREAS, Sgt. Swisher was always more than willing to coordinate special events such as recognition cookouts and other social events related to departmental activities; and WHEREAS, Sgt. Swisher, through his employment with Roanoke County, has been instrumental in improving the quality of life for its citizens. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County expresses its deepest appreciation and the appreciation of the citizens of Roanoke County to WOODROW B. "BUDDY" SWISHER for over twenty-eight years of capable, loyal and dedicated service to Roanoke County. FURTHER, the Board of Supervisors does express its best wishes for a happy, restful, and productive retiremen ,~ ~ .~~- Mary H. Allen, Clerk Harry C. Nickens, Vice- airman Fenton F. "Spike" Harrison, Jr. ~bseph McNamara ~/ ,, . . u~~~ H. Odell "Fuzzy" Minnix <_ ~. P ANO,f-F s ~ ' 9 Z v a 1838 COUNTY ADMINISTRATOR ELMER C. HODGE (540) 772-2004 P.O. BOX 29800 5204 BERNARD DRIVE ROANOKE, VIRGINIA 24018-0798 FAX (540) 772-2193 December 22, 1999 BOARD OF SUPERVISORS BOB L. JOHNSON, CHAIRMAN HOLLINS MAGISTERIAL DISTRICT HARRY C. NICKENS, VICE-CHAIRMAN VINTON MAGISTERIAL DISTRICT FENTON F. "SPIKE" HARRISON, JR. CATAWBA MAGISTERIAL DISTRICT JOSEPH McNAMARA WINDSOR HILLS MAGISTERIAL DISTRICT H. ODELL "FUZZY" MINNIX CAVE SPRING MAGISTERIAL DISTRICT (540)772-2005 Mr. Kenneth L. Hogan 5952 Cartwright Drive Roanoke, VA 24018 Dear Mr. Hogan Enclosed is a resolution of appreciation upon your retirement which was unanimously approved at the December 21, 1999 Board Meeting. On behalf of the Board of Supervisors of Roanoke County and its citizens, I wish to offer my appreciation for your many years of capable, loyal and dedicated service to the County. I am pleased to send you this resolution, and notification that Roanoke County has purchased a $100 Savings bond in recognition of youryears of employmentwith the County. This bond will be forwarded to you from the Federal Reserve Bank at a later date. If you would like to have your resolution framed, please bring it to the Clerk's Office, at the Roanoke County Administration Building, 5204 Bernard Drive, at any time. It has been our experience that framed resolutions may be damaged when mailed. On behalf of each member of the Board and the citizens of Roanoke County, please accept this Resolution and savings bond with our best wishes for a productive retirement and continued success in the future. Sincerely, ob L. Joh n, Chairman Roanoke Co my Board of Supervisors Attachment BLJ/bjh cc: Joseph Sgroi, Director, Human Resources Pete Haislip, Director, Parks & Recreation (~n~tn~~ ~f ~n~txtu~e Intemet E-Mail Internet E-Mail ehodge~www.co.roanoke.va.us ®Recycled Paper bos~www.co.roanoke.va.us ~IIUZtt~ of ~Ku~cnu~e ~ ~~~ ~e~ ~.~ ROAN F F ~• t- ~a z ~ 7 a? 38 OF APPRECIATION UPON THE RETIREMENT OF KENNETH L. HOGAN, PARKS & RECREATION WHEREAS, Kenneth L. Hogan was first employed by Roanoke County on June 1,1969, as an Animal Control Officer and also served as an Animal Control supervisor; and WHEREAS, Mr. Hogan retired from Roanoke County as a Parks Maintenance Foreman in the Parks & Recreation Department on November 1, 1999, after over thirty years of service; and WHEREAS, Mr. Hogan offered his unique skills and experience to maintain and upgrade County parks; and supported the County street sign shop through his exceptional custom sign fabrication ability; and WHEREAS, Mr. Hogan supported and was committed to the success of ail County special events, programs, construction projects, and emergency situations whether day or night; and WHEREAS, Mr. Hogan, through his employment with Roanoke County, has been instrumental in improving the quality of life for its citizens. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County expresses its deepest appreciation and the appreciation of the citizens of Roanoke County to KENNETH L. HOGAN for over thirty years of capable, loyal and dedicated service to Roanoke County. FURTHER, the Board of Supervisors does express its best wishes for a happy, restful, and productive retirement. i'Y1Q~Lc,r ~• Q1.rt~~ Mary H. Alien, Clerk b L. Jo Harry C. Elickens, Vice-Cha man Fenton F. "Spike" Harr son, Jr. ~~/~...,r"".~ J eph McNamara s~ ~' ~`~ H. Odell "Fuzzy" innix ~ ApANp~-F O ti ~ ~ z ~ ~ 2 v a~ 1 38 COUNTY ADMINISTRATOR ELMER C. HODGE (540) 772-2004 P.O. BOX 29800 5204 BERNARD DRIVE ROANOKE, VIRGINIA 24018-0798 FAX (540) 772-2193 December 22, 1999 BOARD OF SUPERVISORS BOB L. JOHNSON, CHAIRMAN HOLLINS MAGISTERIAL DISTRICT HARRY C. NICKENS, VICE-CHAIRMAN VINTON MAGISTERIAL DISTRICT FENTON F. "SPIKE" HARRISON, JR. CATAWBA MAGISTERIAL DISTRICT JOSEPH McNAMARA WINDSOR HILLS MAGISTERIAL DISTRICT H. ODELL "FUZZY" MINNIX CAVE SPRING MAGISTERIAL DISTRICT (540) 772-2005 Mr. Thomas R. Brown, II 1855 Pembroke Drive Vinton, VA 24179 Dear Mr. Brown Enclosed is a resolution of appreciation upon your retirement which was unanimously approved at the December 21, 1999 Board Meeting. On behalf of the Board of Supervisors of Roanoke County and its citizens, I wish to offer my appreciation for your many years of capable, loyal and dedicated service to the County. I am pleased to send you this resolution, and notification that Roanoke County has purchased a $100 Savings bond in recognition of youryears of employment with the County. This bond will be forwarded to you from the Federal Reserve Bank at a later date. If you would like to have your resolution framed, please bring it to the Clerk's Office, at the Roanoke County Administration Building, 5204 Bernard Drive, at any time. It has been our experience that framed resolutions may be damaged when mailed. On behalf of each member of the Board and the citizens of Roanoke County, please accept this Resolution and savings bond with our best wishes for a productive retirement and continued success in the future. Sincerely, Bob L. Johnso Chairman Roanoke County Board of Supervisors Attachment BLJ/bjh cc: Joseph Sgroi, Director, Human Resources Ray Lavinder, Chief of Police C~~~xt~~ .~~ ~Zu~x~n~e Internet E-Mail Intemet E-Mail ehodge~www.co.roanoke.va.us ®Recycled Paper bos~www.co.roanoke.va.us 4 _ C~u~tntg u# ~IIMY[II~tQ ~ ~~~ ~~ r.~ EtOAN 04 ~iF ~ ,~ ~ ~ z z ~ ~ 2 a` 1 38 OF APPRECIATION UPON THE RETIREMENT OF THOMAS R. BROWN, 11, POLICE DEPARTMENT WHEREAS, Thomas R. Brown, II was first employed by Roanoke County as a Police Officer-Deputy Sheriff on November 16, 1975; and WHEREAS, Officer Brown also served as Police Officer in the Uniform Division and retired on July 1, 1999, after over twenty-three years of service; and WHEREAS, Officer Brown served as an excellent role model for new officers and was well liked and respected by his peers; and WHEREAS, Officer Brown could successfully blend "street smart" and "book smart" to apprehend the "bad guy", and his experience and assistance will truly be missed by the department; and WHEREAS, Officer Brown, through his employment with Roanoke County, has been instrumental in improving the quality of life for its citizens. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County expresses its deepest appreciation and the appreciation of the citizens of Roanoke County to THOMAS R. BROWN, II for over twenty-three years of capable, loyal and dedicated service to Roanoke County. FURTHER, the Board of Supervisors does express its best~es for a happy, restful, and productive retirement^ ~l i _ Mary H. Allen, Clerk Bob L. Johns n~Chairman Harry C. Nickens, Vice-Cha' man Fenton F. "Spike" Har son, Jr. /~ c.~/ McNamara H. Odell "Fuzzy"~fYl(rSnix ,~ LEGAL NOTICE ROANOKE COUNTY BOARD OF SUPERVISORS The Roanoke County Board of Supervisors will hold a public hearing 7 p.m. on Tuesday, December 21, 1999, in the Board Meeting Room of the anoke County Administration Center, 5204 Bernard Drive, Roanoke, VA, on t petition of Evangel Foursquare Church to obtain a Special Use Permit to construc religious assembly and day care facility, located at 5188 Stable Road, Cave Sprin agisterial District. A copy of this application is available for inspec ' n in the Department of Planning and Zoning, 5204 Bernard Drive, Roanoke, VA. Dated: December 1, 1999 Mary H. Allen, Clerk `~`~ Please publish in the Roanoke Times Tuesday, December 7, 1999 Tuesday, December 14, 1999 Direct the bill for publication to Evangel Foursquare Church Tr. Attn: Ken Wright 612 Bullitt Ave, SE Roanoke, VA 24013 (540) 982-3694 -~ ~ a / ~i~ y ~ SEND ORIGINAL AFFIDAVIT OF PUBLICATION TO: ROANOKE COUNTY BOARD OF SUPERVISORS P.O. BOX 29800, ROANOKE, VA 24018 a LEGAL NOTICE ROANOKE COUNTY BOARD OF SUPERVISORS The Roanoke County Board of Supervisors will hold a public hearing at 7 p.m. on Tuesday, December 21, 1999, in the Board Meeting Room of the Roanoke County Administration Center, 5204 Bernard Drive, Roanoke, VA, on the petition of Boone, Boone and Loeb Inc. to amend conditions on a Planned Residential Development consisting of approximately 302 acres, located north and south of the Blue Ridge Parkway at milepost 125, Cave Spring Magisterial District. A copy of this application is available for inspection in the Department of Planning and Zoning, 5204 Bernard Drive, Roanoke, VA. Dated: December 1, 1999 Mary H. Allen, Clerk Please publish in the Roanoke Times Tuesday, December 7, 1999 Tuesday, December 14, 1999 Direct the bill for publication to: Boone, Boone & Loeb PO Box 8156 Roanoke, VA 24014 (540) 772-9246 SEND ORIGINAL AFFIDAVIT OF PUBLICATION TO: ROANOKE COUNTY BOARD OF SUPERVISORS P.O. BOX 29800, ROANOKE, VA 24018 f~ f I PUBLIC NOTICE Please be advised that the Board of Supervisors of Roanoke County, Virginia, at its meeting on December 21, 1999, at the Roanoke County Administration Center, 5204 Bernard Drive, S.W., Roanoke, Vuginia, at 7:00 p.m. or as soon thereafter as the matter may be heard, will hold a public hearing and second reading on the following matter, to-wit: 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 All members of the public interested in this matter may appear and be heard at the time and place aforesaid. ~/~ ~~~ ~ vY~ Paul M. Mahoney County Attorney Please publish on the following dates: Tuesday, December 7, 1999 Tuesday, December 14, 1999 Please send the invoice to: Roanoke County Board of Supervisors P. O. Box 29800 Roanoke, VA 24018-0798 r" C O V E R FAX S H E E T To: Legal Ad Department Faz #: 981-3415 Subject: Public Notice Date: December 1, 1999 Pages: 2, including this cover sheet. COIVIlVIENTS: Any documentation or information included as part of this transmittal, including, without limitation, this cover sheet and any and all attachments or exhibits, is intended solely for the use of the person shown as the recipient hereon and is confidential and privileged attorney- client information unless otherwise indicated. Attached is a Public Notice to be published on December 7 and December 14. Please call if you have any questions. Thanks. ,a ~ 9q D From the desk of... R; ~Q A'~ Wanda G. Riley, CPS Senior Administrative Secretary Roanoke County Attorney's Office P.O. Box 29800 - 5204 Bernard Drive, SW Roanoke, Virginia 24018-0798 s4o-n2-2o~t Fax: sao-n2-2o8s Blue Ridge ~h.L_.-~~ ~ Community ~~~ Services Rodney P. Furr cnerrmen William L. Lee vice cnerme~ Meredfth B. Waid rre8s~re. Susan F. Scheibe secrer~ry Executive ~rrecro. Fred P. Roessel, Jr., Ph.D. December 3, 1999 The Honorable Bob L. Johnson, Chairman Roanoke County Board of Supervisors P. O. Box 29800 Roanoke, VA 24018 Dear Mr. Johnson: At the December 2, 1999, Board of Directors meeting a resolution was passed to recommend Mr. John M. Hudgins, Jr., 870 Stonegate Court, Salem, as an at-large member of the Board of Directors to fill the unexpired term of Ms. Rita Gliniecki. The term of appointment would be through December 31, 2000. The bylaws of the Board require that members at-large be recommended by the Board to the five participating localities. All five local governments must ratify the appointment. Your attention to this matter will be very much appreciated. Sincere y, Rodney urr Chairman RPF: cd C: Elmer C. Hodge John M. Chambliss, Jr. Mary H. Allen John M. Hudgins, Jr. !~~ ~.~- Executive Offices - 301 Elm Avenue, SW Roanoke, Virginia 24016-4001 (540) 345-9841 Fax: (540) 342-3855 TTY: (540) 345-0690 Serving the Cities of Roanoke and Salem, and the Counties of Botetourt, Craig and Roanoke From: "Paul Mahoney" <ADM01/PMM> To: "Brenda Holton" <ADM01/BJH> Date sent: Thu, 23 Dec 1999 10:15:52 -0500 Subject: Re: Agenda stuff Subject: Agenda stuff > Paul, on the voting act resolution, does anyone but you need a copy? > Do you want a certified copy? Send certified copy to Diane St.John, and two (2) to me. I will forward it to our outside counsel (Hebert). > > Also, the way I put it in the Stonebridge resolution was funds > appropriated from County Attorney's Budget. OK? > Yes. > Thanks, and Merry Christmas!!! Merry Christmas to you, also! Paul M. Mahoney County Attorney Brenda Holton -- 1 -- Thu, 23 Dec 1999 10:16:26 ~. ~' C - .1. y~ 4' 1r"~. k~: ~ ~~9 ~,. S i ACTION NO. ITEM NUMBER ~ ' ~ ~ OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, E COUNTY ADMINISTRATION CENTER 21, 1999 i to Approve the Park Master Plan for the 8-Acre "AMP" rth Roanoke [MENTS: ~ ~ 3 ~ ~.~~ BACKGROUND: ~ U rG~ D~. _ "~ On February 15, 1983, the Roanoke County Board of Supervisors petitioned to the Planning Commission to rezone the Mountain View Farm property on Hollins Road from R-1 to I-1 for a research and technology park. The 40-acre site was originally owned by the School Board for a future school sit v ition until March 15. 1983 As a result of negotiations with neighbors, 8 acres of the site were removed from the rezoning petition, and reserved for future use as a public park. In addition, protective covenants were written for the property to be rezoned, to mitigate the potential impacts of the industrial development. The petition was heard again by the Planning Commission, and forwarded to the Board of Supervisors with a favorable recommendation. On March 22, 1983, prior to the rezoning order, the Board of Supervisors passed Resolution #83-47, declaring the 8-acre property "to be reserved for public use limited, however, to only recreational activities, i.e., football, soccer, baseball, either adult or youth, and similar endeavors." The resolution also declared "That said reserved parcel shall not be or become a part of the Roanoke County system of parks without further specific action by the Roanoke County Board of Supervisors as made and provided by law." The purpose of this resolution is to fulfill the requirement of Board of Supervisors' action prior to the park becoming part of the county system. SUMMARY OF INFORMATION: As part of a Parks and Recreation needs assessment and facility inventory, Parks and Recreation identified the need for additional parkland and a large lit soccer field(s) in the North Roanoke area. As reported to the Board in previous work sessions, the Hollins district has only 4.53 acres of parkland per thousand people, well below the target of 10 acres per thousand. In addition, the North Roanoke Rec Club does not have a regulation sized or lit soccer field in North Roanoke. Staff studied several locations for a field, including the Northside School campus, Hollins College, Ingersoll Rand, Walrond Park, and the 8-acre AMP site. Based on this review it was determined that the AMP site, which is County owned and had been specifically designated by the Board of Supervisors in 1983 for recreation purposes, best met the criteria for both soccer fields as well as much needed park facilities in the North Roanoke area. Staff held two public meetings with residents of the North Roanoke area to solicit feedback on this proposal. There was overwhelming support for a facility in this area, including many adjacent landowners. However, a small group of neighbors expressed concerns about a park facility, citing increased traffic on Hollins Road, additional traffic through Meadewood, creation of an appropriate buffer, and the proposal for lights. In the design process staff tried to locate active areas away from the residential boundaries to create as big a buffer as possible. In addition, staff proposes that only state of the art lighting systems be used, utilizing the latest technologies of glare and light control. Staff also indicated a tree buffer would be included for those residents who desired one. Staff also agreed to work through VDOT to minimize potential parking problems on the Meadewood cul-de-sac. The plan as developed should be a positive addition to the area. FISCAL IMPACT: Staff recommends a phased development approach, which in phase one would include one soccer field, parking lot, and an access road. Currently $50,000 has been allocated to build a soccer field in North Roanoke. Preliminary estimates indicate it will cost approximately $55,000 for one regulation sized soccer field and a parking lot. Staff plans to request access road funding through the VDOT Recreational Access grant program to complete phase one. Lights, the second field, and other amenities would be included in later phases. ALTERNATIVES: ~ ~/ ~ 1. Approve the Resolution as presented. ~ -~ ~~ 2. Change the covenants and sell the property for industrial use. Use the proceeds to buy additional parkland in North Roanoke. ~ ~~ 3. Take no action at this time. _ / 9 8-~ STAFF RECOMMENDATION: Staff recommends alternative 1, approve the resolution as presented. Respectfully submitted, Pete Haislip Director Approved by, Elmer C. Hodge County Administrator Approved ( ) Denied ( ) Received ( ) Referred ( ) To ( ) ACTION Motion by: VOTE No Yes Abs McNamara Harrison Johnson _ _ _ Minnix Nickens r W J 4 O W x310 b 4 •a 7 ~ ~ '` : A+ r ~ ,W N r } W r ^~ ~ OOM30T3n b0 ~ 0 p r r ; L h , 1-i~tS ~ ~ a° Q _ o r ~ . o WI ~ ~' ^ ~ [tJ p 0131 j K 31J1a 0 La+o p ~ Q . 1 N W '-"~- F- 2 eria~ 'o•r r r: A rn .~ Opg I ~ ~ O 1 \ r t W (~ Q ~ ~ U Q N O O h d . w, ~ ~ Y C ~' M o r~ W .~, cD Y ~ o ~ _ ~ N ~L Z ~ ~ ~ l ~ NOlaC9 'a •M ~ 00 , 00 oLl s O 3 t•Lt9 ~ ~~~ gtS9L ' Ala .09 Al Ot ,Lf .H9 N ,LZ'~LF U M „0,01.99 N Q ~, ~ rn i o ~ N N v ~ (~ o p M N ~ z ____1~, L B ' 1 ~l ''r 'x~rMs~3 x~ M ,bZ .99 N ~_ a. Q . n~ 3 0 n N O ~n 0 tY N ,0'OL Z O M ~Z.99 N °~ v z ~ r7 J °~ s Q N Cn 1 n J - 3a0rc~r~ '3'8 0 5f •099 a c L-- 1 I ~ I I I I I 1 ~ I I r ~ 310 'c3 Q ' ~ 7 I h ~ ( ~ w 'aa oo,a30r3t1 ~ J 0 0 m n ~s .,x J~- 1 ~ a ' O ~ 1v a "' 1 a~ „~ d q O131!-I~LAb~ >$~1 d 0. Y 1 "' x' erw~ •o~r 1 1 r t ,.` Ir ~Ope , ~ ~ ~ \ ' ~ :s t v 6 w; ~ } y til NQItls6 •a •M ~ fx o ~'~ ~ _pp , p0 eCL s i•Gy9 7 ,9*. G9 G ~ 0~ i W ~ ~ ~ ~ d ~ O O i ~ ~ `~ {~ ~ ~ a ,5t '699 •'n M OS .t~ s4A K M„o~,or.ss N a w W r~ J ~ ~ O N x ~ u ~ ~ Q ~ d o-+~+~arn •~~ ~ n ,L8'!£~ M ,bZ .99 N '°~ '~OtAAS73 1rJ a a 0 d . _ N O a N .i ., ~0'0~ Z M rbZ .99 N g 3 ~ ~ x m q x M ~ ~ ~ J N C7 r ~ ct ~_ ~ r ~aoM'1t~ •~' ~ Q c r ~d WdZb:~O 6665 SZ '~aQ 'ON Xdd 1d~Q J,lI~Ilfl J,1Nf100 d}10Nt10~1 WO~Id FROM ROANOKE COUNTY UTILITY DEPT i ~ ~ f i i FAX N0. Dec. 15 1999 03:48PM P3 1 ~ 4 ~ ~ y t r Memorandum Roanoke County Parks and Recreation TO: Supervisor Johnson FROM: Pete Haislip DATE: December 10, 1999 SUBJECT: AMP Plan You had indicated you wanted to see a copy of the concept plan far the AMP property in North Roanoke. Attached is what was presented at the citizens meeting on December 1. There will be several changes to this from feedback received, the major one being the addition of a walking trail which neighbors overwhelmingly supported. Contrary to some citizen's beliefs we plan to put a tree buffer up on the Meadewood side. Fencing is another issue as many residents in that area expressed a desire to be able to have walking access to the facility from that side. I am available to answer any questions you may have. CC: Elmer Hodge `~ Board Reading File i i i ,i I ~ L_ ono ~~~ c_ ~ ~ rn ~ z 0 "O D N Z D p Z ~ ~ --~ Z m -v C7 D ~ A 1*t 7C D _~ O Z ~~j~ '~~~ 0 z n m v ..i .D s z _~_~ ~ i ~ i i i i ! i __---~ ~..~ ~«/7 ~~.~..Is ~k .t« ~~~ m~ Dear Mr. Johnson: ~ ~- Rodney . Furr Chairman !,~ ~ William L. Lee ViceChairman '~ ~ Meredith B. Waid treasurer L_-- ' Susan F. Scheibe, Executive Fred P rirect ~~ ~. ~ ~ 34S R I, Jr., Ph~. 6', M m CO .J y O r ~N ~~~ VE w D ~o 22~~~Z66 8L U'g~~~ November 1, 1999 ~n ~~ ~`' ~ r, ~, Blue Ridge Community Services would like to request time on t agenda of the Roanoke County Board of Supervisors meeting on Tuesday, December 7, 1999, to give a brief report about the services provided to the residents of Roanoke County in Fiscal Year 1999. Rita Gliniecki, Blue Ridge Community Services Board member appointed by Roanoke County, will be presenting the report. She will be accompanied by S. James Sikkema, incoming Executive Director, and Thomas Chapman, Director of Administration. Thank you for your consideration. Sincerely, ~~ ~~~~ , J~ Fred P. Roessel, Jr., h. D. Executive Director FPRjr:cd C: Elmer C. Hodge John M. Chambliss, Jr. Rita Gliniecki S. James Sikkema Thomas Chapman Executive Offices - 301 Elm Avenue, SW Roanoke, Virginia 24016-4001 (540) 345-9841 Fax: (54~i 342-3855 TTY: (540) 345-069C Serving the Cities of Roanoke and Salem, and the Counties of Botetourt, Craig and Roanoke ~~:. ~~~ ~~-~~ Blue Ridge Community Services Rodney P. Furr Chairman William L. Lee VlceChairman Meredith B. Waid Treasurer Susan F. Scheibe secretary Executive Director Fred P. Roessel, Jr., Ph.D. November 1, 1999 The Honorable Bob L. Johnson, Chairman Roanoke County Board of Supervisors P. O. Box 29800 Roanoke, VA 24018 Dear Mr. Johnson: r ' _.. - _. ~ ... ~~~ ~ ~ ~ C~ Cn-~ Blue Ridge Community Services would like to request time on the agenda of the Roanoke County Board of Supervisors meeting on Tuesday, December 7, 1999, to give a brief report about the services provided to the residents of Roanoke County in Fiscal Year 1999. Rita Gliniecki, Blue Ridge Community Services Board member appointed by Roanoke County, will be presenting the report. She will be accompanied by S. James Sikkema, incoming Executive Director, and Thomas Chapman, Director of Administration. Thank you for your consideration. Sincerely, /~/~' Fred P. Roessel, Jr., h. D. Executive Director FPRjr:cd C: Elmer C. Hodge John M. Chambliss, Jr. Rita Gliniecki S. James Sikkema Thomas Chapman ,, Executive Offices - 301 Elm Avenue, SW Roanoke, Virginia 24016-4001 (540) 345-9841 Fax: (540) 342-3855 TTY: (540) 345-0690 Serving the Cities of Roanoke and Salem, and the Counties of Botetourt, Craig and Roanoke 12/Ei7/1999 15: D8 RDA CO FIRE RESCUE ~ 97722193 ltoanoite County Fire epd Rescue Degurl~u~u~ 3568 Feters Creek Road Ra spoke, vA 24019 D~~: ~' 70: ~'roill. , Fair ~ 540-5~1-$108 phone # 540-561-$1D0 Page(s) to follow Fax ~: -- ~UIIiiIICTltS: ~'a~ Cove Sheet r 1210?i1999 15:08 ROA CO FIRE RESCUE ~ 9^r?22193 N0.093 D02 F Memorandum Tut Ctucf Richard E, Hurt . Jr. ~~i; Battalion Chief To Fuqua ~; T3ivi Sian Chief Ioey nom; December 7,1.999 Ra Training Center Construction Update Work 8C the Regional ?ittii~u~g cor~ttliU.cs too progress werq well. 'The contractor has remained on schedule despise certain weather problems. The following work has either been completed or is in progress: The steel beams and wrend trusses have been set and the plywood sheeting tug • been installed o13 the trusses. s Hlcxdc wouic is 98"t~v cornplctc Brick will be delivered the third wrek of Docembcr And weather permitting the masons rxrill > work installing. • fu,al grade fir the parkit~ lot area is almost complete. The contra~xor plans to work an curbing and put gravel on parking area this momh. • Once the building is closed in, the contractor will begin partitioning the inside offace and classroom area. Work quality continues to bevery good attd the cont~~a~li~r amiciput~s finishing oa schedule. From: "Paul Mahoney" <ADM01/PMM> To: adm01/mha Date sent: Wed, 15 Dec 1999 16:24:59 -0500 Subject: Agenda item Approval of Settlement of Casey Condemnation, and Appropriation of Funds therefor Mary, Sorry - we have this very last minute agenda item. Paul M. Mahoney County Attorney Mary Allen -- 1 -- Wed, 15 Dec 1999 16:30:00 o _ - .SEII£R EASEMENT TAP~~~ ~ 12 ti ~ Q ~ Q ~fG1RGE E. PARROTT o ~ ~ ~ ~ - _ _ ~ ~ ' _ _ D.B. 158 PG 1074 - _ - _ - ~ TRACT B ~~~ ~~ ~ 'O m ~~ `NEW 10' TEMPORARY O CONSTRUCTION EASEMENTS EX. OH£LUNG \\ ~ \ \ ~~ ., '` 3 f EX DlP/\~- ~`~ `~ `. / \ .-\ !!~~,, OU CALLAHAN f~'ANQ~/ ~s, ~ N7B ~ 1 ~` D ~ 117 NEW 20' PERMANENT ~~ ~~ SANITARY SEWER EASE__ M`EN'T ` 2 ~p ~?~~ RO(11~ y~/46p S~ NEW PERMANENT 20' SANITARY SEWER EASEMENT UNE BEAR/NG D/STANCE 1-2 N 78 ti 1:31 " E 20 .4 6' y ~p 7 p 3-4 N 8147'43' W 2,~ 67' 4-1 N 24?78:36" W 59.47' 7DTAL AREA = 1,273 SF. ,'~ ~'i a TAX ,64.02-DZ-73 PROPERTY OF GALEN rf! WADE & T-' HARK/ET G W,4DE \ `, ~B 896P G 1 ` ~\ y.,.- ~ 39 2 "' . . ------ LEGEND ~ UnUTY POLE --.a-- FENCE D.B. DEED BDOYC EX. EX/STING ov OvERHEAD UnvrY PG. PAGE NEW SAN/TARP SEWFR £ASEMENT NOTFS.• 1. TN/S PLAT WAS PREPARED W17N THE BENEFIT OF A UM/TL~O TITLE REPORT PREPARED BY 7NE ASS/STANT COUNTY A TTORNEY OF THE COUNTY OF ROANOKE, IiIRG/N/A, DA TEO NO IiEMBER 30, 1999. 2. THE AB012" REFERENCED L/M/TED 17TLE REPORT FOUND ND EASEMEN7~; R/GHTS OF WAY OR R£SERl~A770NS iYITN/N THE SCDPE OF SA/D UM/TED 17TLE REPORT, HOW£l2rR THERE MAY EX/ST wnniriu/~/ L'A~/y~~~podA//`L'C Wl.//!`!./ e~xxrr n~/F niFw F.4sFA./ENT CREATFD HEREON. From: "Brenda Holton" <ADM01/BJH> To: adm01/mha Date sent: Mon, 6 Dec 1999 09:19:00 -0500 Subject: Playback Elaine called to say that the playback for the 12/7 meeting will be Wednesday at 7 and Sunday at 4 p.m. Also, the playback for the 12/21 meeting will be Wednesday at 7 and no weekend playback because of Christmas. Too late to put on agenda for the 12/7 but we could put on the 21th. We might ask Bob Johnson to announce this at the meeting. Brenda Holton CMC Deputy Clerk 772-2005 Mary Allen -- 1 -- Mon, 6 Dec 1999 09:25:44 o~ aoaNO,~~ ti 'A A 2 ~ z v a 1838 OFFICE OF THE COUNTY ATTORNEY PAUL M. MAHONEY COUNTY ATTORNEY (540) 772-2007 P.O. BOX 29800 5204 BERNARD DRIVE ROANOKE, VIRGINIA 24018-0798 FAX (540) 772-2089 December 1, 1999 JOSEPH B. OBENSHAIN SENIOR ASSISTANT COUNTY ATTORNEY VICKIE L. HUFFMAN ASSISTANT COUNTY ATTORNEY (540)772-2071 H. Keith Mawyer State Department of Taxation Property Tax Unit P. O. Box 2460 Richmond, VA 23218 RE: Roll Back Tax Liability Dear Mr. Mawyer: The Roanoke County Board of Supervisors has raised certain questions with respect to the interpretation and application of roll back tax liability to transactions which separate or split off parcels of land from real estate which is being valued, assessed, and taxed under a local use value ordinance pursuant to Section 58.1-3241 of the State Code. At the request of the Board of Supervisors I am inviting Mr. Tom Morelli of your department to appear before the Board in work session at its meeting on Tuesday, December 21, 1999, at approximately 5:00 p.m. I spoke with Mr. Morelli today by telephone and he suggested that I submit this letter request to you. Upon a review of this provision of the State Code, published opinions of the Attorney General, and a Circuit Court decision from Chesterfield County, Roanoke County began applying roll back tax liability to real estate transactions that separated or split off parcels from land that was assessed under the County's use value ordinance. One of the parties to such a transaction has raised questions with respect to this interpretation. It is the County's understanding that your department could provide guidance and assistance in addressing these questions. On behalf of Roanoke County I look forward to any assistance you, Mr. Morelli, or your department may be able to .provide. Please contact me at your earliest convenience if Mr. Morelli or someone else from your department will be able to participate in this work session. Sincerely, '~ ~J ~ Paul M. Mahoney County Attorney PMM/spb c: Dr. Harry C. Nickens Board Reading File U.1 WPDOCS\PMM\BOFS\ROLLBACK.LTR ®Recycled Paper To: "Liz Belcher" <ADM01/EHB> Subject: Re: Sult Greenway Easement Date sent: Wed, 8 Dec 1999 13:17:02 I'll add it to the 12/21 agenda -thanks for letting me know. From: "Liz Belcher" <ADM01/EHB> To: adm01/mha Date sent: Wed, 8 Dec 1999 12:31:52 -0500 Subject: Sult Greenway Easement Copies to: adm01/vlh > FYI - I am working with Vickie Huffman to complete a greenway > easement with David Sult across his property adjacent to Garst > Mill Park. This would allow an extension to the Garst Mill > Greenway. We would like this to be on the BOS agenda for Dec. > 21, so that Mr. Sult can count it as a 1999 donation. Mary Allen -- 1 -- Wed, 8 Dec 1999 13:17:02 To: adm01/mjc Subject: Spike Harrison Date sent: Mon, 13 Dec 1999 14:17:57 I'm trying to write a reso of appreciation for Spike, and I know he was active on a committee that worked on the Glen Mary project. Do you have the name of the committee and what else he might have done to spear head the project will still protecting the community so I can add it to the reso? Mary Allen -- 1 -- Mon, 13 Dec 1999 14:17:58 From: "Gary Robertson" <GUP01/GLR> To: "Mary Allen" <ADM01/MHA> Date sent: Mon, 13 Dec 1999 11:45:46 -0500 Subject: Re: Agenda Staff Meeting I plan to have a report titled "Request to appropriate funding for the Loch Haven Phase II water line extension". Mary Allen -- 1 -- Mon, 13 Dec 1999 12:03:32 From: "Diane Hyatt" <ADM01/DDH> To: "Mary Allen" <ADM01/MHA> Date sent: Mon, 13 Dec 1999 11:54:12 -0500 Subject: Re: Agenda Staff Meeting Please add and item to consent: Request to Approve Plan Documents for the County Flexible Benefits ("Beneflex") Plan Also add an item to Report Section: Report on Allocation of School Phase I Budget From: "Mary Allen" <ADM01/MHA> To: Executive Team Date sent: Mon, 13 Dec 1999 10:24:17 -0500 Subject: Agenda Staff Meeting > Just a reminder that the agenda staff meeting is at 3 p.m. today in > the Board's conference room. If you have an item on the 12/21 > agenda please let me know the agenda title and plan to attend the > meeting. From: "Brenda Holton" <ADM0I/BJH> To: adm01/mha Date sent: Fri, 10 Dec 1999 10:52:39 -0500 Subject: (Fwd) CALL FROM RICK BURCH Below for your information. ------- Forwarded message follows ------- From: "Susie Owen" <ADM01/SBO> To: adm01/ech Date sent: Fri, 10 Dec 1999 10:01:23 -0500 Subject: CALL FROM RICK BURCH Copies to: adm01/bjh Rick called and wanted me to relay this to you. The firefighters that were sent to Mass. were some of the first to actually get inside the coliseum to hear the President speak at the memorial service. Also said when they marched through the streets that all one could hear was the sound of their footsteps--it was that quiet. When they went out to eat last evening, the waitress had presented them with a bill, but came back to the table and tore up the ticket. Someone knew they were from out of state (either the restaurant owner or a patron) and told them the meal was "taken care of." The building where the remaining bodies were was in site of the coliseum and it was still smouldering. Rick suggested if time permitted at next Board meeting, that the men who went to the memorial service be given a few minutes to relay their thanks to the board and share this same information with them that I'm relaying to you. I'll copy Brenda with this also. Mary Allen -- 1 -- Fri, 10 Dec 1999 11:14:11 From: "Pete Haislip" <GUP01/TSH> To: "Mary Allen" <ADM01/MHA> Date sent: Mon, 13 Dec 1999 10:28:03 -0500 Subject: Re: Agenda Staff Meeting I have an item, "Acceptance of 8 Acres in to the Roanoke County Park System". Pete From: "Mary Allen" <ADM01/MHA> To: Executive Team Date sent: Mon, 13 Dec 1999 10:24:20 -0500 Subject: Agenda Staff Meeting Just a reminder that the agenda staff meeting is at 3 p.m. today in the Board's conference room. If you have an item on the 12/21 agenda please let me know the agenda title and plan to attend the meeting. Mary Allen -- 1 -- Mon, 13 Dec 1999 11:16:52 From: "Paul Mahoney" <ADM01/PMM> To: adm01/ech, gup01/tsh Date sent: Thu, 9 Dec 1999 08:50:46 -0500 Subject: park (AMP) Copies to: adm01/mha ECH and PH: Pete told me that his citizen's meeting abou tthe park at AMP went well. This item will be on the BOS agenda for 12/21. Shall we have an advertised public hearing? I can place a notice in the newspaper. Do you want to discuss this at agenda meeting on Monday 12/13? Paul M. Mahoney County Attorney Mary Allen -- 1 -- Thu, 9 Dec 1999 10:36:24 December 13, 1999 To: Mary Allen Hope to add to Consent Agenda Brenda .. ~ ~ ~r Resolutions of appreciation upon the retirements of 1. Eudora J. Altice, Finance Dept 2 Thomas R. Brown, II, Police Department 3. Kenneth L. Hogan, Parks & Recreation 4. Debbie L;. Hogan, Police Department 5. Thomas L. Marshall, Fire & Rescue 6. Merry S. McKissick, General Services 7. Woodrow "Buddy" Swisher, Police Department From: "Paul Mahoney" <ADM01/PMM> To: "Don Gillispie" <PFR01/DWG> Date sent: Wed, 24 Nov 1999 13:59:15 +0000 Subject: Re: Mt. Pleasant F. D. land sale. Copies to: pfr01/reb, adm01/bjh, adm01/spb > Subject: Mt. Pleasant F. D. land sale. > Paul I have received a letter from Mr. Holland indicating an > interest > to purchase a piece of land from Roanoke County. > The letter from Mr. Holland and a copy of the letter that I sent him > will be faxed to you. > Please take the appropriate action to start the process, if there is > any thing that I need to do please let me know. I will ask Brenda Holton to add this item to the BOS 12/7 agenda for 1st reading of an ordinance. We will discuss this at the agenda staff meeting on Monday 11/29 at 3:00. Do you want to attend to explain it to ECH? > Mr. Holland has called to inquire what he needs to do regarding the > purchase, I advised him that we would be in touch as the process > proceeds, which could take two to three months. Let me review the letter he sent you. I may prepare a rough real estate contract for his signature. You may want to try your hand at drafting a rough report to the BOS for this agenda item. I will prepare the ordinance. I will prepare the legal notice for publication in the newspaper. Can you have someone (Engineering Dept.?) prepare a map to show the BOS where this is and what it involves? Paul M. Mahoney County Attorney Brenda Holton -- 1 -- Wed, 24 Nov 1999 14:53:10 AOANp~ .' RG a , i<'sr :~ ~_ ~ .,. ;+ ;ate 1838 FIRE AND RESCUE DEP,4RTMENT RIC1-LARD E. SURCH, JR. CHIEF November 16, 1999 Mr. Ernest W. Holland 3000 Valley Stream Drive Roanoke, VA 24014 Dear Mr. Holland: I have been in contact with the County Attorney regarding the sale of the property we discussed. It is the County's policy to declare public property that is no longer needed or necessary for public use as surplus, and to provide notice and opportunity to all citizens to bid on any surplus public property. The County goes through a very open and public process to sell surplus p~.tblic property in order to ensure public confidence and integrity in the process. Generally, the County's procedure is as follows: 1. Receipt of a fair market value bid for the property 2. Publish.a notice in the newspaper declaring the property surplus and inviting bids and scheduling a public hearing on the proposed sale 3. All bids are held in confidence until the evening of the public hearing 4. Adoption of an ordinance rejecting all bids or accepting the highest and best bid and authorizing the sale. The ordinance is adopted after two readings. The public hearing and second reading are held on same night. The Board of Supervisors meets twice a month on the second and fourth Tuesdays of each month. The fair market value of this property is in the range of $1, 000.00-$1, 500.00 and I believe the Board of Supervisors would favorably consider a bid of $1,400.00 for the property in question. In addition to the purchase price, you would incur all transaction costs including the public notice advertising fee, all recording costs and taxes, and surveying costs). The County Attorney's office would prepare the deed. 3568 PETERS CREEK ROAD NW ROANOKE, ~/A 24019 ' (540) 561 -8100 FAX TELEPHONE (540) 561-8108 Recycled Papar If you would like to proceed with this purchase, please submit a written offer for bid on this property. I will forward your bid to the County Administrator and County Attorney so that they can begin the process for selling surplus public land. Please call me if you have any questions. Sincerely, ~~'' onald W~~Gillispie Division Chief Cc: Elmer C. Hodge, Jr. Paul Mahoney ~, F November 12, 1999 Mr. Donald Gillespie Division Chief Roanoke County Fire Department 3568 Peters Creek Road. N.W. Roanoke, Virginia, 24019 Dear Mr. Gillespie: This is to state our intent to purchase some common land between Roanoke County and our property at 3000 Valley Stream Drive, S. E., Roanoke, Virginia, 24014, Brookfield Subdivision. This common land would benefit only our lot and is of little or no use to the Roanoke County because of a drainage ditch that separates our two properties. This would square up our property on the back side of the drainage ditch. We have been taking care of it for the past three and a half years that we have owned our property. As agreed, per conversations between Mr. Donald Gillespie and myself, we have agreed to a price of $1,400.00 as well as our paying the closing costs and surveying fee to complete the purchase. Respectfully submitted, Y~~~~ ~ - ~~~~ E st W ne and Jacquelyne K. Holland 3000 Va ey Stream Drive, S. E. Roanoke, Virginia, 24014 ,~ `: ~, a, ~,~ November 12, 1999 N1r. Donald Gillespie Division Chief Roanoke County Fire Department 3568 Peters Creek Road. N.W. Roanoke, Virginia, 24019 Dear Mr. Giilespie: This is to state our intent to purchase some common land between Roanoke County and our property at 3000 Valley Stream Drive, S. E., Roanoke, Virginia, 24014, Brookfield Subdivision. This common land would benefit only our lot and is of little or no use to the Roanoke County because of a drainage ditch that separates our two properties. This would square up our property on the back side of the drainage ditch. We have been taking care of it for the past three and a half years that we have owned our property. As agreed, per conversations between Mr. Donald Gillespie and myself, we have agreed to a price of $1,400.00 as well as our paying the closing costs and surveying fee to complete the purchase. Respectfully submitted, ~ ~~~,~,.~~;. ~° far` ,~ rF ~iT~'"v ~~~~ Er st W one and Jacquelyne K. Holland 3000 Va ey Stream Drive, S. E. Roanoke, Virginia, 24014 Draft - 12/15/99-10: 00 a. m. ROANOKE COUNTY BOARD OF SUPERVISORS AGENDA DECEMBER 21, 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 FOR THIS MEETING ONLY will be rebroadcast on Wednesday December 22 at 7 p.m. Individuals with disabilities who require assistance or special arrangement in order to participate in or attend Board of Supervisors meetings or other programs and activities sponsored by Roanoke County, please contact the Clerk to the Board at (540) 772-2005. We request that you provide at least 48-hours notice so that proper arrangements may be made. A. OPENING CEREMONIES (3:00 P.M.) 1. Roll Call 2. Invocation: The Rev. James W. Reynolds, Retired United Methodist Church 3. Pledge of Allegiance to the United States Flag B. REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF AGENDA ITEMS C. PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND AWARDS 1. Resolution of Appreciation to Fenton F. "Spike" Harrison for his service on the Roanoke County Board of Supervisors. 1 D. BRIEFINGS Rick 1O. Briefing from the Roanoke County firefighters who attended the memorial at Worcester, Massachusetts for the fallen firefighters. 2. Annual Briefing by the Blue Ridge Community Services Board of Directors. E. NEW BUSINESS 1. Request for $15,410 additional funding for the February 29, 2000 Presidential Primary Election. (Diane St. John, Registrar) R 2. Request to appropriate funding for the Loch Haven Phase II water line extension. (Gary Robertson, Utility Director) ~ ~ 3. Request for reimbursement of expenses incurred during the Fort Lewis Mountain fire. (Rick Burch, Fire and Rescue Chief) ~ m 4. Resolution authorizing the Registrar and County Attorney to file law suit related to the Voting Rights Act bailout. (Paul Mahoney, County Attorney) F. REQUEST FOR PUBLIC HEARINGS AND FIRST READING OF REZONING ORDINANCES -CONSENT AGENDA: Approval of these items does not indicate support for, or judge the merits of, the requested zoning actions but satisfies procedural requirements and schedules the Public Hearings which will be held after recommendation by the Planning Commission. G. FIRST READING OF ORDINANCES 1. First reading of ordinance extending the current franchise agreement with Adelphia (Salem) Cable for 90 days and request for appointment to negotiating committee to negotiate a news agreement. (Joseph B. Obenshain, Sr. Assistant County Attorney) 2 2. First reading of ordinance to authorize acquisitin of sanitary sewer easement on property owned by Jorge E. Parrott. (Gary Robertson, Utility Director) H. SECOND READING OF ORDINANCES 1. Second reading of ordinance authorizing the conveyance of .071 acre parcel of real estate located along the south lot line of y~e~ Roanoke County's Mount Pleasant Fire Station property. (Don p,rd Gillispie, Division Chief) ~ -'~ 2. Second 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. Second 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) I. APPOINTMENTS 1. Commission for Senior and Challenged Citizens 2. Highway and Transportation Safety Commission 3. League of Older Americans -Advisory Council 4. Library Board 5. 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. 3 1. Ratification of the at-large member of the Blue Ridge Community Services Board of Directors. 2. Request for acceptance of Smoke Rise Court, Delmar Lane and a portion of Cedarmeade Drive into the Virginia Department of Transportation Secondary System. ~a~a~ O Ratification of amended Performance Agreement to expand c~,~~ ~ Advance Store Headquarters. 4. Formal approval of plan documents for the County Flexible Benefits ("Beneflex") Plan. U '1-b 5O. Donation of a 30' public access trail and greenway easement across a 5.86 acre parcel of land by David G. Sult and Melanie R. Sult. 6. Adjustment to the appropriation of School Phase I budget surplus. 7. Request for acceptance of Carelton Drive, Ripley Street and a portion of Innsbrooke Drive into the Virginia Department of Transportation Secondary System. 8. Acceptance of Department of Motor Vehicles mini-grants for the following: (a) Child Safety Seats (b) Upgrading the radar unit in the speed monitoring trailer (c) Passive Alco-Sensors 9. Donation of a storm drainage easement on property owned by Jean B. Patterson and Laverne Jack Dempsey and Helen R. Dempsey in the Vinton Magisterial District. 10. Adoption of resolutions of appreciation upon the retirement of: (a) Eudora J. Altice, Finance n~~ (b) Thomas R. Brown, II, Police reS ~ S (c) Debbie L. Hogan, Police (d) Kenneth L. Hogan, Parks and Recreation ~~ (e) Thomas L. Marshall, Fire and Rescue (f) Merry S. McKissick, General Services (g) Woodrow "Buddy" Swisher, Police 4 K. REQUESTS FOR PUBLIC HEARINGS M. CITIZENS' COMMENTS AND COMMUNICATIONS N. REPORTS 1. General Fund Unappropriated Balance 2. Capital Fund Unappropriated Balance 3. Board Contingency Fund 4. Future School Capital Reserve 5. Statement of the Treasurer's Accountability per Investments and Portfolio Policy as of November 30, 1999. 6. Revenues and Expenses for the five month period ended November 30, 1999. 7. Accounts Paid -November 1999 O. WORK SESSIONS (4TH FLOOR CONFERENCE ROOM) ~ ~ ~ CJ Work Session to discuss application of roll back tax liability under land use. (Paul Mahoney, County Attorney, John Birckhead, Real Estate Assessment Director) P. CLOSED MEETING pursuant to Code of Virginia Section 2.1-344 A (5) discussion concerning a prospective business or industry where no previous announcement has been made. EVENING SESSION (7:007:00 P.M.1 Q. CERTIFICATION RESOLUTION R. NEW BUSINESS C~ 1. Permission to proceed with development of park on County- ~-~~ ~ --~ s owned property in North County. (Pete Haislip, Parks and Recreation Director) S. PUBLIC HEARING AND SECOND READING OF ORDINANCES THE FOLLOWING PUBLIC HEARING HAS BEEN CONTINUED BY THE PLANNING COMMISSION TO FEBRUARY. Second reading of ordinance to obtain a Special Use Permit to construct a religious assembly and day care facility, located at 5188 Stable Road, Cave Spring Magisterial District, upon the petition of Evangel Foursquare Church. ~- r v~ ~ Second reading of ordinance to amend conditions on a Planned J Residential Development consisting of 302 acres, located north and south of the Blue Ridge Parkway at milepost 125, Cave Spring Magisterial District, upon the petition of Boone, Boone & Loeb Inc. (Terry Harrington, County Planner) 2. Second 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) T. CITIZENS' COMMENTS AND COMMUNICATIONS U. REPORTS AND INQUIRIES OF BOARD MEMBERS V. ADJOURNMENT 6 Draft - 12/13/99-3:00 p. m. ROANOKE COUNTY BOARD OF SUPERVISORS AGENDA DECEMBER 21, 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 FOR THIS MEETING ONLY will be rebroadcast on Wednesday December 22 at 7 p.m. Individuals with disabilities who require assistance or special arrangement in order to participate in or attend Board of Supervisors meetings or other programs and activities sponsored by Roanoke County, please contact the Clerk to the Board at (540) 772-2005. We request that you provide at least 48-hours notice so that proper arrangements may be made. A. OPENING CEREMONIES (3:00 P.M.) 1. Roll Call 2. Invocation: 3. Pledge of Allegiance to the United States Flag B. REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF AGENDA ITEMS C. PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND AWARDS 1. Resolution of Appreciation to Fenton F. "Spike" Harrison for his service on the Roanoke County Board of Supervisors. D. BRIEFINGS 1 i. i ~ . ~~'`~ ~ ~~ ~ 2. Annual Briefing by the Blue Ridge Community Services Board of Directors. E. NEW BUSINESS y~~rc~ t f c Park Sys e 'I~"'' ~'~'`'' Z~ ~DiY ~~ ~ -ar~~ County st+p.,.P.a-rks~an ecreatio r tor) ~ ~,~ ~/ 5/ L,// D ~-~ 2. Request for additional funding for the February 29, 2000 Presidential Primary Election. (Diane St. John, Registrar) .,~~ -~ _` ' ~-- `~ plan documents for the County Flexible Benefits ("Beneflex") Plan. (Diane Hyatt, Finance Director) 4. Request to appropriate funding for the Loch Haven Phase II water line extension. Gary Robertson, Utility Director) ~ p ~- S' ~ a ~~~ d`"" ~2~' ~.-~-~ -~~~,,, F. REQUEST FOR PUBLIC HEARINGS AND FIRST READING OF ~"°~-~ ~ REZONING ORDINANCES -CONSENT AGENDA: Approval of these items does not indicate support for, or judge the merits of, the requested zoning actions but satisfies procedural requirements and schedules the Public Hearings which will be held after ~ recommendation by the Planning Commission. G. FIRST READING OF ORDINANCES ~~ ~ First reading of ordinance to accept a greenway easement from ~'r~s p' f David Sult adjacent to Garst Mill Park. ~ti~r•~~ ~ ~c~C-a-~ H. SECOND READING OF ORDINANCES 1. Second reading of ordinance authorizing the conveyance of 2 .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. Second 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. Second 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) I. APPOINTMENTS 1. Commission for Senior and Challenged Citizens 2. Highway and Transportation Safety Commission 3. League of Older Americans -Advisory Council 4. Library Board 5. 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. Ratification of the at-large member of the Blue Ridge Community Services Board of Directors. 2. Request for acceptance of Smoke Rise Court, Delmar Lane and 3 a portion of Cedarmeade Drive into the Virginia Department of Transportation Secondary System. 3. Ratification of amended Performance Agreement to expand Advance Store Headquarters. ~- ~ X2.0 ,c„t~ ~~~_ K. REQUESTS FOR PUBLIC HEARINGS M. CITIZENS' COMMENTS AND COMMUNICATIONS N. REPORTS 1. General Fund Unappropriated Balance 2. Capital Fund Unappropriated Balance 3. Board Contingency Fund 4. Future School Capital Reserve 5. Statement of the Treasurer's Accountability per Investments and Portfolio Policy as of November 30, 1999. 5. Status Report on County Projects _~ of School Phase I budget O. WORK SESSIONS (4TH FLOOR CONFERENCE ROOM) 1. Work Session to discuss application of roll back tax liability under land use. P. CLOSED MEET~ursuant to Code of Virginia Section 2.1-344 A ~) EVENING SESSION 7:00 P.M.) Q. CERTIFICATION RESOLUTION 4 NP'"J -~ 1`~~ R. PUBLIC HEARINGS S. PUBLIC HEARING AND SECOND READING OF ORDINANCES THE FOLLOWING PUBLIC HEARING HAS BEEN CONTINUED BY THE PLANNING COMMISSION TO FEBRUARY. Second reading of ordinance to obtain a Special Use Permit to construct a religious assembly and day care facility, located at 5188 Stable Road, Cave Spring Magisterial District, upon the petition of Evangel Foursquare Church. 1. Second reading of ordinance to amend conditions on a Planned Residential Development consisting of 302 acres, located north and south of the Blue Ridge Parkway at milepost 125, Cave Spring Magisterial District, upon the petition of Boone, Boone & Loeb Inc. (Terry Harrington, County Planner) 2. Second 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 license` purposes. (Paul Mahoney, County Attorney) T. CITIZENS' COMMENTS AND COMMUNICATIONS U. REPORTS AND INQUIRIES OF BOARD MEMBERS V. ADJOURNMENT 5