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Home My WebLink About1/25/2000 - RegularROAN ,~,~ ~ "': 9 a ~ ~~~ 38 ~~~~~ ~~~~~s~~ ~~~ ROANOKE COUNTY BOARD OF SUPERVISORS . ACTION AGENDA JANUARY 25, 2000 t~urr a- n~ ewe xmrf Welcome to the Roanoke County Board of Supervisors meeting. Regular meetings are held on the second Tuesday and the fourth Tuesday at 3:00 p.m. .Public hearings are held at 7:00 p.m. on the fourth Tuesday of each month. Deviations from this schedule will be announced. The meetings are broadcast live on RVTV, Channel 3, and will be rebroadcast on Thursdays at 7 p.m. and Saturdays at 4 p.m. Individuals with disabilities who require assistance or special arrangement in order to participate in or attend Board of Supervisors meetings or other programs and activities sponsored by Roanoke County, please contact the Clerk to the Board at (540) 772-2005. We request that you provide at least 48-hours notice so that proper arrangements may be made. A. OPENING CEREMONIES (3:00 P.M.) 1. Roll Call ALL PRESENT AT 3:01 P.M. 2. Invocation: The Reverend Joseph A. Keaton Central Baptist Church 3. Pledge of Allegiance to the United States Flag B. REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF AGENDA ITEMS JPM ADDED WORK SESSION (ITEM O-4) TO DISCUSS THE ALIAH PROCESS USED AT THE BOARD RETREAT. 1 ® Recyded Paper C. PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND AWARDS NONE D. BRIEFINGS NONE E. NEW BUSINESS 1. Request to adopt resolution approving refunding of $5,600,000 of Sewer Revenue Bonds. (Diane Hyatt, Finance Director) R-012500-1 BLJ MOTION TO ADOPT RESO URC 2. Request for adoption of a resolution of support for a recreational access grant for North Roanoke Park. (Pete Haislip, Parks and Recreation Director) R-012500-2 BLJ MOTION TO ADOPT RESO 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. HCN MOTION TO APPROVE 1ST READING 2ND AND PUBLIC HEARINGS - 2/29/00 URC HCN ASKED FOR WORK SESSION ON 2/29/00 ON ITEM F-2 - 2 AMENDMENTS TO THE ZONING ORDINANCE REGARDING CLUSTER HOUSING. 1. First reading of an ordinance to rezone approximately 1.05 acre from R-3 Residential to C-2 Commercial to operate a personal services facility upon the petition of David and Zena Azar, located at 5420 Starkey Road, Cave Spring Magisterial District. 2. First reading of an ordinance amending and reenacting the zoning ordinance of Roanoke County, Virginia by the addition of standards for cluster subdivisions, upon the petition of the Roanoke County Planning Commission. WORK SESSION SCHEDULED FOR 2/29100 PRIOR TO PUBLIC HEARING. 3. First reading of an ordinance authorizing the approval of a Special Use Permit for the Evangel Foursquare Church, for a religious assembly use located at 5188 Stable Road, Cave Spring Magisterial District. G. FIRST READING OF ORDINANCES NONE H. SECOND READING OF ORDINANCES NONE I. APPOINTMENTS 1. Board of Zoning Appeals 2. Building Code Board of Adjustments and Appeals 3. Commission for Senior and Challenged Citizens 4. Hanging Rock Battlefield and Railway Preservation Foundation 5. Highway and Transportation Safety Commission 6. League of Older Americans -Advisory Council 3 7. Library Board 8. Southwest Development Financing, Inc. 9. Virginia's First Regional Industrial Facility Authority 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-012500-3 HCN MOTION TO ADOPT CONSENT RESO URC 1. Confirmation and ratification of Committee Appointments to the Hanging Rock Battlefield Preservation Foundation, the Roanoke Valley Convention and Visitors Bureau Board of Directors, Southwest Development Financing, Inc., and Virginia's First Regional Industrial Facility Authority. A-012500- 3.a 2. Resolution approving a revision of the previously approved Workforce Investment Area of the Roanoke Valley-Allegheny Regional Commission to include Franklin County, VA. R-012500-3.b 3. Resolution of support for consideration of passenger rail service to Historic Oak Ridge Estate Train Station in Nelson County, VA. R-012500-3.c 4. Revised Resolution of Appreciation upon the retirement of Kenneth Hogan, Parks and Recreation Department. R-012500-3.d 5. Request from Schools to appropriate $3,625 Virginia Commission of the Arts grant for the Artists-in-Education 4 Residency Program. A-012500-3.e 6. Request from Schools to appropriate $279.51 reimbursement from Virginia Western Community College for the dual enrollment program. A-012500-3.f 7. Resolution of Appreciation upon the retirement of Frances B. Haggerty, Police Department. R-012500-3.g 8. Donation of storm drainage easement on property owned by Gary H. Wood and Shelly R. Wood (Tax Map No. 77.14-06-45) in the Cave Spring Magisterial District. A-012500-3.h K. REQUESTS FOR PUBLIC HEARINGS NONE M. CITIZENS' COMMENTS AND COMMUNICATIONS NONE N. REPORTS HCN MOTION TO RECEIVE AND FILE AFTER DISCUSSION OF ITEMS - URC 1. General Fund Unappropriated Balance 2. Capital Fund Unappropriated Balance 3. Board Contingency Fund 4. Future School Capital Reserve 5. Revenues and Expenses for the six month period ended December 31, 1999 6. Report of claims activity for the Self-Insurance Program. 5 7. Accounts Paid -December 1999 8. Status Report on County Projects O. WORK SESSIONS (4TH FLOOR CONFERENCE ROOM) 1. Discussion on mid-year expenditures and overview of revenue projections for FY99-00 and FY00-01. (Brent Robertson, Budget Director) WORK SESSION HELD FROM 3:25 TO 4:20 P.M. BRENT ROBERTSON REVIEWED• (1) PROPOSED BUDGET CALENDAR, (2) MID YEAR ANALYSIS OF EXPENDITURES: (3) REVENUE SUMMARY. ECH SUGGESTED JOINT WORK SESSION WITH SCHOOL BOARD TO DISCUSS CAPITAL PROJECTS. BLJ SUGGESTED THAT THE SCHOOL BOARD REVIEW THEIR CIP AND UPDATE FIGURES IF THEY ARE BASED ON THE BLUE RIBBON COMMISSION ESTIMATES. JPM ASKED FOR A DOCUMENT THAT SHOWS ALL REVENUE PROJECTS. HCN ASKED FOR NUMBER OF NEW EMPLOYEES IN THE COUNTY AND IN THE SCHOOLS AND THAT DOCUMENTATION OF THE FIGURE BE INCLUDED. HOM SUGGESTED THAT THE BOARD GO TO THE VARIOUS CONSTRUCTION SITES DURING ONE OF THE BOARD MEETINGS. ECH SUGGESTED 2/8/00. 2. Prioritization and Scheduling of future work sessions. (Elmer C. Hodge, County Administrator) WORK SESSION HELD FROM 4:35 TO 4:40 P.M. THE FOLLOWING WORK SESSIONS WERE SCHEDULED: REVIEW OF GOALS SET IN JULY - 2/8/00 UPDATE ON ECONOMIC DEVELOPMENT STRATEGY - 2/29 STATUS REPORT ON NON-STANDARD REFUSE COLLECTION - 3/14/00 WATER AND SEWER RATE STUDIES - 3114/00 CONSIDERATION OF CHARGING FOR RESCUE CALLS - 3/14/00 3. 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) 6 BOARD CONSENSUS TO RESCIND ACTION TAKEN IN AUGUST 1999 AND ADD TO NEW BUSINESS AT 7:00 P.M. SESSION. BLJ ASKED THAT CERTIFIED LETTERS BE SENT TO THOSE AFFECTED. PMM WILL SEND LETTERS TO THE THREE PARTIES AND GIVE THEM 30 DAYS TO RESPOND. 4. Discussion of Aliah Process and Board Retreat. WORK SESSION HELD FROM 4:40 P.M. TO 4:50 P.M. JPM ADVISED THAT A LETTER HAD BEEN SENT TO ALIAH EXPRESSING THE BOARD'S APPRECIATION. THE NEXT STEP IS TO CREATE FOCUS TASK GROUPS BASED ON THE INITIATIVES. HE AND ECH WILL MEET WITH SB CHAIRMAN AND DR. WEBER ON FRIDAY. JPM SUGGESTED THAT EACH TASK FORCE INCLUDE AT LEAST ONE SCHOOL STAFF AND ONE COUNTY STAFF, AND THAT THERE SHOULD BE TWO FOCUS GROUPS ON IMAGE -EXTERNAL AND INTERNAL. 5. Discussion on Economic Development Strategy WORK SESSION HELD FROM 4:55 P.M. TO 5:46 P.M. GENERAL DISCUSSION ON THE VALUE OF INCENTIVES TYPES OF JOBS TO ENCOURAGE. DAVE PORTER RECOMMENDED THAT A GOOD ECONOMIC DEVELOPMENT STRATEGY ACCOMPLISHES THE FOLLOWING LEVERAGES COMMUNITY RESOURCES• CREATES WEALTH AND PROSPERITY; EMBRACES THE FUTURE AND DEVELOPS THE WORK FORCE 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. JPM MOTION TO GO INTO CLOSED MEETING AT 3:15 P.M. - URC CLOSED MEETING HELD FROM 5:46 TO 6:25 EVENING SESSION (7:00 P.M.) Q. CERTIFICATION RESOLUTION R-012500-4 JPM MOTION TO RETURN TO OPEN SESSION AT 6:25 P.M. AND ADOPT RESO URC NEW BUSINESS JBC MOVED TO ADD THE FOLLOWING NEW BUSINESS ITEM 7. Request to rescind the administrative application of roll-back taxes on separated or split-off lots or parcels of land in the use value assessment program; appropriate funds from the General Fund and notify the property owners. A-012500-5 HOM MOTION TO APPROVE URC R. PUBLIC HEARINGS 1. Public Hearing and request for approval of resolutions supporting the Transportation Equity Act for the 21st Century Grant Applications for: (Elmer C. Hodge, County Administrator) (a) Phase II of the Blue Ridge Parkway Interpretive Center. R-012500-6.a (b) Phase I of the Roanoke River Greenway Project R-012500-6.b (c) Viewshed analysis and acquisition along Route 785 R-012500-6.c HCN MOTION TO CLOSE THE PUBLIC HEARING AND ADOPT THREE RESO'S URC S. PUBLIC HEARINGS AND SECOND READING OF ORDINANCES 1. Second reading of ordinance to vacate an undeveloped portion of the 40 foot wide Oak Street right-of-way located between Highland Road and Eastland Road in the Vinton Magisterial District upon the petition of Michael and Linda Clingenpeel and Dennis and Maxine Musselman. (Terry Harrington, County Planner) 0-012500-7 HCN MOTION TO ADOPT ORD 8 URC 2. Second reading of ordinance to vacate an undeveloped portion of the 50 foot wide Goff Road right-of-way located at the intersection of Enon Drive in North County in the Hollins Magisterial District upon the petition of Alva and Myrtle Pullen and Margaret Camper. (Terry Harrington, County Planner) 0-012500-8 BLJ MOTION TO ADOPT ORD URC T. CITIZENS' COMMENTS AND COMMUNICATIONS James Garris, 3108D Honeywood Lane announced that the Jay Cee's will be presenting Distinguished Service Awards for the Young Man, Young Woman, Citizen. Firefighter and Police Officer of the Year Nominations close on Feb. 1 and the award will be made April 10 He encouraaed the County to nominate individuals for these awards U. REPORTS AND INQUIRIES OF BOARD MEMBERS Supervisor Johnson advised that the Board spent the weekend in retreat and one of the issues discussed was Quality of Life He also announced that he was a member of the Competitiveness Committee and one of their major items was education but not bricks and mortar He noted that the County has fallen behind in providing for teachers and recommends that this be a priority in the budget Supervisor Minnix: (1) announced that he enjoyed the opportunity to meet with the School Board and staff from both organizations He noted it will reauire work to accomplish the initiatives (2) Advised he will not be able to attend the School Board meeting on Thursday January 27 Supervisor Church: (1) Concurred with the other Board members about the joint retreat. There was positive input from a variety of people and he hoped that the process would move forward and break down barriers. (2) He also has a conflict for Thursday and may not be able to attend. 31 Reminded the citizens that the census forms will be mailed soon and encouraaed them to take the time to fill them out because federal and state funding is based on the results of the census Supervisor Nickens: Noted that the Board had the right ingredients from the retreat and just need to "stir it and make it palatable for everkone". Supervisor McNamara: (1) Reported that the School Board met with the Construction Committee and the architects on Jan. 19 to discuss Glenvar Middle School. There was not a lot of details but the~rocess has moved forward. They identified the gaps of information. The School Boar will meet on January 27 to identified their priorities and requirements for construction of Glenvar Middle School and there is a commitment from the BOS to fund to the requirements. (2) Advised that the schools are almost complete with Phase I and will starts reevaluating Phase 2 of the school construction projects. (3l Thanked the Aliah Group for their work on the retreat. The BOS now has the beginning of an action plan but don't have results yet. ~) He explained that there were five different groups at the retreat, each one made up of a School Board member, a supervisor and school and County staff. V. ADJOURNMENT AT 8:00 P M. JPM MOVED TO ADJOURN TO JANUARY 27 2000 AT 7:00 P.M. TO ATTEND A SCHOOL BOARD MEETING - URC 10 ~ ROAN ,~,~ i ~, ~:p Z a~ 38 (~a~txt#~ ~# ~~~xx~~~e ROANOKE COUNTY BOARD OF SUPERVISORS AGENDA JANUARY 25, 2000 ,~ a ~~,~ Welcome to the Roanoke County Board of Supervisors meeting. Regular meetings are held on the second Tuesday and the fourth Tuesday at 3:00 p.m. Public hearings are held at 7:00 p.m. on the fourth Tuesday of each month. Deviations from this schedule will be announced. The meetings are broadcast live on RVTV, Channel 3, and will be rebroadcast on Thursdays at 7 p.m. and Saturdays at 4 p.m. Individuals with disabilities who require assistance or special arrangement in order to participate in or attend Board of Supervisors meetings or other programs and activities sponsored by Roanoke County, please contact the Clerk to the Board at (540) 772-2005. We request that you provide at least 48-hours notice so that proper arrangements may be made. A. OPENING CEREMONIES (3:00 P.M.) 1. Roll Call 2. Invocation: The Reverend Joseph A. Keaton Central Baptist Church 3. Pledge of Allegiance to the United States Flag B. REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF AGENDA ITEMS C. PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND AWARDS D. BRIEFINGS E. NEW BUSINESS 1 ® Recyded Paper 1. Request to adopt resolution approving refunding of $5,600,000 of Sewer Revenue Bonds. (Diane Hyatt, Finance Director) 2. Request for adoption of a resolution of support for a recreational access grant for North Roanoke Park. (Pete Haislip, Parks and Recreation Director) F. REQUEST FOR PUBLIC HEARINGS AND FIRST READING OF REZONING ORDINANCES -CONSENT AGENDA: Approval of these items does not indicate support for, or judge fhe merits of, the requested zoning actions but satisfies procedural requirements and schedules the Public Hearings which will be held after recommendation by the Planning Commission. 1. First reading of an ordinance to rezone approximately 1.05 acre from R-3 Residential to C-2 Commercial to operate a personal services facility upon the petition of David and Zena Azar, located at 5420 Starkey Road, Cave Spring Magisterial District. 2. First reading of an ordinance amending and reenacting the zoning ordinance of Roanoke County, Virginia by the addition of standards for cluster subdivisions, upon the petition of the Roanoke County Planning Commission. 3. First reading of an ordinance authorizing the approval of a Special Use Permit for the Evangel Foursquare Church, for a religious assembly use located at 5188 Stable Road, Cave Spring Magisterial District. G. FIRST READING OF ORDINANCES H. SECOND READING OF ORDINANCES I. APPOINTMENTS 1. Board of Zoning Appeals 2. Building Code Board of Adjustments and Appeals 3. Commission for Senior and Challenged Citizens 4. Hanging Rock Battlefield and Railway Preservation Foundation 2 5. Highway and Transportation Safety Commission 6. League of Older Americans -Advisory Council 7. Library Board 8. Southwest Development Financing, Inc. 9. Virginia's First Regional Industrial Facility Authority 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. Confirmation and ratification of Committee Appointments to the Hanging Rock Battlefield Preservation Foundation, the Roanoke Valley Convention and Visitors Bureau Board of Directors, Southwest Development Financing, Inc., and Virginia's First Regional Industrial Facility Authority. 2. Resolution approving a revision of the previously approved Workforce Investment Area of the Roanoke Valley-Allegheny Regional Commission to include Franklin County, VA. 3. Resolution of support for consideration of passenger rail service to Historic Oak Ridge Estate Train Station in Nelson County, VA. 4. Revised Resolution of Appreciation upon the retirement of Kenneth Hogan, Parks and Recreation Department. 5. Request from Schools to appropriate $3,625 Virginia Commission of the Arts grant for the Artists-in-Education Residency Program. 6. Request from Schools to appropriate $279.51 reimbursement from Virginia Western Community College for the dual 3 enrollment program. 7. Resolution of Appreciation upon the retirement of Frances B. Haggerty, Police Department. 8. Donation of storm drainage easement on property owned by Gary H. Wood and Shelly R. Wood (Tax Map No. 77.14-06-45) in the Cave Spring Magisterial District. 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. Revenues and Expenses for the six month period ended December 31, 1999 6. Report of claims activity for the Self-Insurance Program. 7. Accounts Paid -December 1999 8. Status Report on County Projects O. WORK SESSIONS (4TH FLOOR CONFERENCE ROOM) 1. Discussion on mid-year expenditures and overview of revenue projections for FY99-00 and FY00-01. (Brent Robertson, Budget Director) 2. Prioritization and Scheduling of future work sessions. (Elmer C. Hodge, County Administrator) 3. Work Session on roll-back tax liability on separated or split-off 4 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.) Q. CERTIFICATION RESOLUTION R. PUBLIC HEARINGS 1. Public Hearing and request for approval of resolutions supporting the Transportation Equity Act for the 21st Century Grant Applications for: (Elmer C. Hodge, County Administrator) (a) Phase II of the Blue Ridge Parkway Interpretive Center. (b) Phase I of the Roanoke River Greenway Project (c) Viewshed analysis and acquisition along Route 785 S. PUBLIC HEARINGS AND SECOND READING OF ORDINANCES 1. Second reading of ordinance to vacate an undeveloped portion of the 40 foot wide Oak Street right-of-way located between Highland Road and Eastland Road in the Vinton Magisterial District upon the petition of Michael and Linda Clingenpeel and Dennis and Maxine Musselman. (Terry Harrington, County Planner) 2. Second reading of ordinance to vacate an undeveloped portion of the 50 foot wide Goff Road right-of-way located at the intersection of Enon Drive in North County in the Hollins Magisterial District upon the petition of Alva and Myrtle Pullen and Margaret Camper. (Terry Harrington, County Planner) T. CITIZENS' COMMENTS AND COMMUNICATIONS U. REPORTS AND INQUIRIES OF BOARD MEMBERS V. ADJOURNMENT 5 ~-/ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JANUARY 25, 2000 RESOLUTION 012500-1 OF THE BOARD OF SUPERVISORS OF THE COUNTY OF ROANOKE, VIRGINIA, AUTHORIZING AND APPROVING THE ISSUANCE AND SALE OF THE COUNTY OF ROANOKE, VIRGINIA, SEWER REFUNDING AND REVENUE BOND, SERIES 2000, IN THE MAXIMUM PRINCIPAL AMOUNT OF $5,600,000, AND SETTING FORTH THE FORM, DETAILS AND PROVISIONS FOR THE PAYMENT THEREOF RECITALS A. The Board of Supervisors (the "Board") of the County of Roanoke, Virginia (the "County") has determined that it is necessary and desirable to issue its Sewer Refunding and Revenue Bond, Series 2000, in the maximum principal amount of $5,600,000 (the "Bond"), and to use the proceeds thereof, along with other available funds, if any, to refinance the County's outstanding $5,600,000 Sewer Revenue Bond, Series 1999 (the "1999 Bond")and finance the County's portion of the expansion of the Roanoke Regional Wastewater Treatment Facility (the "Project"). B. The Bond will be sold by the County to or at the direction of the Virginia Resources Authority ("VRA"), pursuant to the terms of a Financing Agreement (the "Financing Agreement") between the County and VRA, to be dated as of a date specified by VRA. C. The Bond will be issued as a "Parity Bond" as defined in the Financing Agreement dated as of December 1, 1996 (the "1996 Financing Agreement"), between the County and the Virginia Water Facilities Revolving Fund, acting by and through VRA. The Bond will be secured by a pledge of the revenues (as more particularly defined in the Financing Agreement, the "Revenues") derived by the County from the ownership and operation of its wastewater system (as more particularly defined in the Financing Agreement, the "System"). The Bond will be secured on parity with the County's outstanding Sewer Revenue Bond, Series 1996 (the "1996 Bond"), with respect to the pledge of Revenues. D. The Board is not required to hold a public hearing on the issuance of the Bond, as provided in Sections 15.2-2606 and 15.2-2643 of the Code of Virginia of 1950, as amended (the "Virginia Code"). E. The foregoing arrangements will be reflected in the Financing Agreement, a form of which has been presented to this meeting and filed with the County's documents. -1- NOW, THEREFORE, be it resolved by the Board of Supervisors of the County of Roanoke, Virginia that: 1. Election to Proceed Under Public Finance Act of 1991. The Board hereby elects to issue the Bond under the provisions of the Public Finance Act of 1991, Chapter 26, Title 15.2 of the Virginia Code (the "Public Finance Act") without regard to the requirements, restrictions or other provisions contained in the Charter of the County. 2. Authorization of Bond and Use of Proceeds. The Board hereby finds and determines that it is advisable and in the best interest of the County to contract a debt and to issue the Bond in the maximum principal amount of $5,600,000, and to award and sell the Bond to or at the direction of VRA, all pursuant to the Public Finance Act and the terms of this Resolution and the Financing Agreement. Such issuance, award and sale of the Bond are hereby authorized and approved. The Bond shall be known as the "County of Roanoke, Virginia, Sewer Refunding and Revenue Bond, Series 2000." The proceeds from the issuance and sale of the Bond shall be used, together with other available funds, if any, to pay the costs of the Project. 3. Details of Bond. The Bond shall be issued as a single bond in fully registered form and shall be dated the date of its issuance and delivery. The County Administrator is authorized and directed to determine and approve all of the other final details of the Bond, including without limitation, the maximum principal amount authorized to be advanced thereunder, the interest rate, the maturity or payment dates and amounts and the final maturity date; provided, however, that (i) the maximum principal amount authorized to be advanced under the Bond shall not exceed $5,600,000, (ii) the interest rate on the Bond shall not exceed three and one-half percent (3.5%) per annum, (iii) the Bond shall have a substantially level maturity or payment schedule from and after the date on which the first payment of principal is due thereunder, and (iv) the final maturity date of the Bond shall be no later than December 31, 2024. The County Administrator's approval of such details shall be evidenced conclusively by the due execution and delivery of the Bond on the County's behalf to or at the direction of VRA. 4. Pledge of Revenues. The Bond shall be a limited obligation of the County and, except to the extent payable from the proceeds of the sale of the Bond or the income, if any, derived from the investment thereof, is payable exclusively from the Revenues of the System which the County hereby pledges to the payment of the principal of and interest on the Bond pursuant to the terms of the Financing Agreement. The Bond will be issued as a Parity Bond as defined in the 1996 Financing Agreement, and will be secured on parity with the 1996 Bond with respect to the pledge of Revenues. Neither the Commonwealth of Virginia nor any of its political subdivisions, including the County, shall be obligated to pay the principal of or interest on the Bond or other costs incident to it except from the revenues and any other money or property pledged for such purpose, and neither the faith and credit nor the taxing power of the Commonwealth of Virginia or any of its political subdivisions, including the County, is pledged to the payment of the principal of or interest on the Bond or other costs incident to it. The issuance of the Bond does not directly, -2- indirectly or contingently obligate the Commonwealth of Virginia or any of its political subdivisions, including the County, to levy any taxes for the payment of the Bond. 5. Form of Bond. The Bond shall be in substantially the form attached as Exhibit A to the Financing Agreement, with such variations, insertions or deletions as may be approved by the Chairman of the Board (the "Chairman") or the Vice Chairman of the Board (the "Vice Chairman"). There may be endorsed on the Bond such legend or text as maybe necessary or appropriate to conform to any applicable rules and regulations of any governmental authority or any usage or requirement of law with respect thereto. 6. Evidence of Approval. The Chairman's or Vice Chairman's approval or determination of all of the details and provisions of the Bond that he has been authorized and/or directed to approve under this Resolution shall be evidenced conclusively by his execution and delivery of the Bond on the County's behalf. 7. Redemption of Bond. The Bond shall not be subject to optional redemption without the consent of VRA, as set forth in the Bond and the Financing Agreement. 8. Execution and Delivery of Bond. The Chairman or Vice Chairman is authorized and directed to execute the Bond. The Clerk of the Board (the "Clerk") or the Deputy Clerk of the Board (the "Deputy Clerk") is authorized and directed to affix the seal of the County to the executed Bond and to attest it and then to deliver the Bond or cause the Bond to be delivered to or at the direction of VRA upon payment of the first principal advance thereunder. An authorized representative or other designee of VRA shall enter the amount and date of each principal advance as provided in the Certificate of Advances attached to the Bond when the proceeds of such advance are delivered to the County. 9. Registration, Transfer and Exchange. The Board appoints the Director of Finance as its registrar and transfer agent to keep books for the registration and transfer of the Bond and to make such registrations and transfers on such books under such reasonable regulations as the County may prescribe. Upon surrender for transfer or exchange of the Bond at the office of the Director of Finance, the County shall cause the execution and delivery in the name of the transferee or registered owner, as applicable, of a new Bond for a principal amount equal to the Bond surrendered and of the same date and tenor as the Bond surrendered, subject in each case to such reasonable regulations as the County may prescribe. If surrendered for transfer, exchange, redemption or payment, the Bond shall be accompanied by a written instrument or instruments of transfer or authorization for exchange, inform and substance reasonably satisfactory to the Director of Finance, duly executed by the registered owner or by his or her duly authorized attorney-in-fact or legal representative. A new Bond delivered upon any transfer or exchange shall be a valid limited obligation of the County, evidencing the same debt as the Bond surrendered and shall be entitled to all of the security and benefits of this Resolution to the same extent as the Bond surrendered. -3- 10. Charges for Exchange or Transfer. No charge shall be made for any exchange or transfer of the Bond, but the Director of Finance may require payment by the holder of the Bond of a sum sufficient to cover any tax or any other governmental charge that may be imposed in relation thereto. 11. Mutilated, Lost, Stolen or Destroyed Bond. If the Bond has been mutilated, lost, stolen or destroyed, the County shall execute and deliver a new Bond of like date and tenor in exchange and substitution for, and upon delivery to the Director of Finance and cancellation of, such mutilated Bond, or in lieu of and in substitution for such lost, stolen or destroyed Bond; provided, however, that the County shall execute, authenticate and deliver a new Bond only if its registered owner has paid the reasonable expenses and charges of the County in connection therewith and, in the case of a lost, stolen or destroyed Bond (i) has filed with the Director of Finance evidence satisfactory to him or her that such Bond was lost, stolen or destroyed and that the holder of the Bond was its registered owner and (ii) has furnished to the County indemnity satisfactory to the Director of Finance. If the Bond has matured, instead of issuing a new Bond, the County may pay the Bond without surrender upon receipt of the aforesaid evidence and indemnity. 12.Approval of Financing Agreement. The Financing Agreement is approved in substantially the form presented to this meeting, with such changes, insertions or omissions as may be approved by the Chairman or Vice Chairman, whose approval shall be evidenced conclusively by the execution and delivery of the Financing Agreement on the County's behalf, and the Chairman or Vice Chairman is authorized to complete the Financing Agreement with the final terms and details of the Bond as determined pursuant to paragraph 3. The Chairman or Vice Chairman is authorized to execute and deliver the Financing Agreement and such other documents and certificates as such officer may consider necessary in connection therewith. 13. Disclosure Documents. The Chairman, Vice Chairman, County Administrator and Director of Finance and such officers and agents of the County as any of them may designate, are hereby authorized and directed to prepare, execute and deliver any appropriate disclosure documents as may be necessary to expedite the sale of the Bond. If appropriate, such disclosure documents shall be distributed in such manner and at such times as any of them shall determine. The County Administrator and the Director of Finance, or either of them, are authorized and directed to take whatever actions are necessary and/or appropriate to ensure compliance with Securities and Exchange Commission Rule 15c2-12. 14.Tax Documents. The County Administrator and the Director of Finance are authorized to execute a Nonarbitrage Certificate and Tax Compliance Agreement or any related document (the "Tax Documents") setting forth the expected use and investment of the proceeds of the Bond and containing such covenants as may be necessary in order to comply with the provisions of the Internal Revenue Code of 1986, as amended (the "Code"), including the provisions of Section 148 of the Code and applicable regulations relating to "arbitrage bonds." The County covenants that the proceeds from the issuance and sale of the Bond will be invested and expended as set forth in the Tax Documents, to -4- be delivered simultaneously with the issuance and delivery of the Bond and that the County shall comply with the other covenants and representations contained therein. 15. Further Actions; Authorized Representative. The Chairman, the County Administrator and the Director of Finance and such officers and agents of the County as may be designated by any of them are authorized and directed to take such further actions as they deem necessary regarding the refinancing of the 1999 Bond, the issuance and sale of the Bond and the execution, delivery and performance of the Financing Agreement, including, without limitation, the execution and delivery of closing documents and certificates. All such actions previously taken by such officers and agents are ratified and confirmed. The Chairman, County Administrator and the Director of Finance are designated the County's Authorized Representatives for purposes of the Financing Agreement. 16. Filing of Resolution. The County Attorney is authorized and directed to file a certified copy of this Resolution with the Circuit Court of the County of Roanoke, Virginia, pursuant to Sections 15.2-2607 and 15.2-2627 of the Virginia Code. 17. Effective Date. This Resolution shall take effect immediately. Adopted this25th day of January, 2000. On motion of Supervisor Johnson to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, NAYS: None Minnix, Church, Nickens, McNamara A COPY TESTE: ~• Mary H. Allen, CMC/AAE Clerk to the Board of Supervisors cc: File Diane D. Hyatt, Director, Finance Gary Robertson, Director, Utility Paul M. Mahoney, County Attorney -5- CERTIFICATE The undersigned Clerk of the Board of Supervisors of the County of Roanoke, Virginia (the "County"), hereby certifies that: 1. A regular meeting of the Board of Supervisors of the County (the "Board") was duly called and held on January 25, 2000 (the "Meeting") at which the following members were present and absent: PRESENT: Supervisors Johnson, Minnix, Church, Nickens, McNamara ABSENT: None 2. A resolution (the "Resolution") of the County entitled "Resolution 012500- 1 of the Board of Supervisors of the County of Roanoke, Virginia, Authorizing and Approving the Issuance and Sale of the County of Roanoke, Virginia Sewer Refunding and Revenue Bond, Series 2000, in the maximum principal amount of $5,600,000, and Setting Forth the Form, Details and Provisions for the Payment Thereof," was duly adopted at the Meeting by the recorded affirmative vote of at least a majority of all of the members of the Board, the ayes and nays being recorded in the minutes of the meeting as shown below: MEMBER VOTE Supervisor Johnson Yes Supervisor Minnix Yes Supervisor Church Yes Supervisor Nickens Yes Supervisor McNamara Yes 3. Attached is a true and correct copy of the Resolution as recorded in full in the minutes of the Meeting. 4. The Resolution has not been repealed, revoked, rescinded or amended and is in full force and effect on the date hereof. WITNESS my signature and the seal of the County of Roanoke, Virginia this 25 day of January, 2000. ~~ Mary H. Allen, CMC/AAE Clerk of the Board of Supervisors of Roanoke County, Virginia [SEAL] -6- "' /' AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JANUARY 25, 2000 RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF ROANOKE, VIRGINIA, AUTHORIZING AND APPROVING ~ THE ISSUAI~iCE AND SALE OF THE COUNTY OF ROANOKE, VIRGINIA, SEWER REFUNDING AND REVENUE BOND, SERIES 2000, IN THE MAXIIVIUM PRINCIPAL AMOUNT OF $5,600,000, AND SETTING FORTH THE FORM, DETAILS AND PROVISIONS FOR THE PAYMENT THEREOF RECITALS A. The Board of Supervisors (the "Board") of the County of Roanoke, Virginia (the "County") has determined that it is necessary and desirable to issue its Sewer Refunding and Revenue Bond, Series 2000, in the maximum principal amount of $5,600,000 (the "Bond"), and to use the proceeds thereof, along with other available funds, if any, to refinance the County's outstanding $5,600,000 Sewer Revenue Bond, Series 1999 (the "1999 Bond") and finance the County's portion of the expansion of the Roanoke Regional Wastewater Treatment Facility (the "Project"). B. The.Bond will be sold by the County to or at the direction of the Virginia Resources Authority ("VRA"), pursuant to the terms of a Financing Agreement (the "Financing Agreement") between the County and VRA, to be dated as of a date specified by VRA. C. The Bond will be issued as a "Parity Bond" as defined in the~Financing Agreement dated as of December 1, 1996 (the "1996 Financing Agreement ), between the County and the Virginia Water Facilities Revolving Fund, acting by and through VRA. The Bond will be secured by a pledge of the revenues (as more particularly defined in the Financing Agreement, the "Revenues") derived by the County from the ownership and operation of its wastewater system (as more particularly defined in the Financing Agreement, the "System"). The Bond will be secured on parity with the County's outstanding Sewer Revenue Bond, Series 1996 (the "1996 Bond"), with respect to the pledge of Revenues. D= The Board is not required to hold a nuhl~r hParinn ..., *~. ~ ~~ .,,, auc ,~ uausr ui wr Bond. as orov_ided m Section 1 .Z-2606 and 1 .2-264 of the ode of Vir inia of 1950._as amended (the "Virginia ('ode"1 ~. The foregoing arrangements will be reflected in the Financing Agreement, a form of which has been presented to this meeting and filed with the County's documents. NOW, THEREFORE, be it resolved by the Board of Supervisors of the County of Roanoke, Virginia that: 1• Election to Proceed Under Public Finance Act of 1991. The Board hereby elects to issue the Bond under the provisions of the Public Finance Act of 1991, Chapter 26, Title 1 ~.2 of the Virginia Code (the "Public Finance Act") without regard to the requirements, restrictions or other provisions contained in the Charter of the County. ?• Authorization of Bond and Use of Proceeds. The Board hereby finds and determines that it is advisable and in the best interest of the County to contract a debt and to issue the Bond in the maximum principal amount of $5,600,000, and to award and sell the Bond to or at the direction of VRA, all pursuant to the Public Finance Act and the terms of this Resolution and the Financing Agreement. Such issuance, award and sale of the Bond are hereby authorized and approved. The Bond shall be known as the County of Roanoke, Virginia, Sewer Refunding and Revenue Bond, Series 2000." The proceeds from the issuance and sale of the Bond shall be used, together with other available funds, if any, to pay the costs of the Project. 3. Details of Bond. The Bond shall be issued as a single bond in fully registered form and shall be dated the date of its issuance and delivery. The County Administrator is authorized and directed to determine and approve all of the other final details of the Bond, including without limitation, the maximum principal amount authorized to be advanced thereunder, the interest rate, the maturity or payment dates and amounts and the final maturity date; provided, however, that (i) the maximum principal amount authorized to be advanced under the Bond shall not exceed $5,600,000, (ii) the interest rate on the Bond shall not exceed three and one-half percent (3.5%) per annum, (iii) the Bond shall have a substantially level maturity or payment schedule from and after the date on which the first payment of principal is due thereunder, and (iv) the final maturity date of the Bond shall be no Later than December 31, 2024. The County Administrator's approval of such details shall be evidenced conclusively by the due execution and delivery of the Bond on the County's behalf to or at the direction of VRA. 4• Pledge of Revenues. The Bond shall be a limited obligation of the County and, except to the extent payable from the proceeds of the sale of the Bond or the income, if any, derived from the investment thereof, is payable exclusively from the Revenues of the System which the County hereby pledges to the payment of the principal of and interest on the Bond pursuant to the terms of the Financing Agreement. The Bond will be issued as a Parity Bond as defined in the 1996 Financing Agreement, and will be secured on parity with the 1996 Bond with respect to the pledge of Revenues. Neither the Commonwealth of Virginia nor any of its political subdivisions, including the County, shall be obligated to pay the principal of or interest on the Bond or other costs incident to it except from the revenues and any other money or property pledged for such purpose, and neither the faith and credit nor the taxing power of the Commonwealth of Virginia or any of its political subdivisions, including the County, is pledged to the payment of the principal of or interest on the Bond or other costs incident to it. The issuance of the Bond does not directly, indirectly or contingently obligate the Commonwealth of Virginia or any of its political subdivisions, including the County, to levy any taxes for the payment of the Bond. 5. Form of Bond. The Bond shall be in substantially the form attached as Exhibit A to the Financing Agreement, with such variations, insertions or deletions as maybe approved by the Chairman of the Board (the "Chairman") or the Vice Chairman of the Board (the "Vice -2- Chairman"). There maybe endorsed on the Bond such legend or text as may be necessary or appropriate to conform to any applicable rules and regulations of any governmental authority or any usage or requirement of law with respect thereto. 6. Evidence of Approval. The Chairman's or Vice Chairman's approval or determination of all of the details and provisions of the Bond that he has been authorized and/or directed to approve under this Resolution shall be evidenced conclusively by his execution and delivery of the Bond on the Co~mty's behalf. 7. Redemption of Bond. The Bond shall not be subject to optional redemption without the consent of VRA, as set forth in the Bond and the Financing Agreement. 8. Execution and Delivery of Bond. The Chairman or Vice Chairman is authorized and directed to execute the Bond. The Clerk of the Board (the "Clerk") or the Deputy Clerk of the Board (the "Deputy Clerk") is authorized and directed to affix the seal of the County to the executed Bond and to attest it and then to deliver the Bond or cause the Bond to be delivered to or at the direction of VRA upon payment of the first principal advance thereunder. An authorized representative or other designee of VRA shall enter the amount and date of each principal advance as provided in the Certificate of Advances attached to the Bond when the proceeds of such advance are delivered to the County. 9. Registration, Transfer and EYChanae. The Board appoints the Director of Finance as its registrar and transfer agent to keep books for the registration and transfer of the Bond and to make such registrations and transfers on such books under such reasonable regulations as the County may prescribe. Upon surrender for transfer or exchange of the Bond at the office of the Director of Finance, the County shall cause the execution and delivery in the name of the transferee or registered owner, as applicable, of a new Bond for a principal amount equal to the Bond surrendered and of the same date and tenor as the Bond surrendered, subject in each case to such reasonable regulations as the County may prescribe. If surrendered for transfer, exchange, redemption or payment, the Bond shall be accompanied by a written instrument or instruments of transfer or authorization for exchange, in form and substance reasonably satisfactory to the Director of Finance, duly executed by the registered owner or by his or her duly authorized attorney-in-fact or legal representative. A new Bond delivered upon any transfer or exchange shall be a valid limited obligation of the County, evidencing the same debt as the Bond surrendered and shall be entitled to all of the security and benefits of this .Resolution to the same extent as the Bond sur, endered. 10. Charges for Exchange or Transfer. No charge shall be made for any exchange or transfer of the Bond, but the Director of Finance may require payment by the holder of the Bond of a sum sufficient to cover any tax or any other governmental charge that may be imposed in relation thereto. -3- 11. Mutilated, Lost, Stolen or Destroyed Bond. If the Bond has been mutilated, lost, stolen or destroyed, the County shall execute and deliver a new Bond of like date and tenor in exchange and substitution for, and upon delivery to the Director of Finance and cancellation of, such mutilated Bond, or in lieu of and in substitution for such lost, stolen or destroyed Bond; provided, however, that the County shall execute, authenticate and deliver a new Bond only if its registered owner has paid the reasonable expenses and charges of the County in connection therewith and, in the case of a lost, stolen or destroyed Bond (i) has filed with the Director of Finance evidence satisfactory to him or her that such Bond was lost, stolen or destroyed and that the holder of the Bond was its registered owner and (ii) has furnished to the County indemnity satisfactory to the Director of Finance. If the Bond has matured, instead of issuing a new Bond, the County may pay the Bond without surrender upon receipt of the aforesaid evidence and indemnity. 12. Approval of Financing Agreement. The Financing Agreement is approved in substantially the form presented to this meeting, with such changes, insertions or omissions as maybe approved by the Chairman or Vice Chairman, whose approval shall be evidenced conclusively by the execution and delivery of the Financing Agreement on the County's behalf, and the Chairman or Vice Chairman is authorized to complete the Financing Agreement with the final terms and details of the Bond as determined pursuant to paragraph 3. The Chairman or Vice Chairman is authorized to execute and deliver the Financing Agreement and such other documents and certificates as such officer may consider necessary in connection therewith. 13. Disclosure Documents. The Chairman, Vice Chairman, County Administrator and Director of Finance and such officers and agents of the County as any of them may designate, are hereby authorized and directed to prepare, execute and deliver any appropriate disclosure documents as may be necessary to expedite the sale of the Bond. If appropriate, such disclosure documents shall be distributed in such manner and at such times as any of them shall determine. The County Administrator and the Director of Finance, or either of them, are authorized and directed to take whatever actions are necessary and/or appropriate to ensure compliance with Securities and Exchange Commission Rule 15c2-12. 14. .Tax Documents. The County Administrator and the Director of Finance are authorized to execute a IVonarbitrage Certificate and Tax Compliance Agreement or any related document (the "Tax Documents") setting forth the expected use and investment of the proceeds of the Bond and containing such covenants as may be necessary in order to comply with the provisions of the Internal Revenue Code of 1986, as amended (the "Code"), including the provisions of Section 148 of the Code and applicable regulations relating to "arbitrage bonds." The County covenants that the proceeds from the issuance and sale of the Bond will be invested and expended as set forth in the Tax Documents, to be delivered simultaneously with the issuance and delivery of the Bond and that the County shall comply with the other covenants and representations contained therein. 15. Further Actions; Authorized Representative. The Chairman, the County Administrator and the Director of Finance and such officers and agents of the County as maybe designated by any of them are authorized and directed to take such further actions as they deem necessary regarding the refinancing of the 1999 Bond, the issuance and sale of the Bond and the -4- execution, delivery and performance of the Financing Agreement, including, without limitation, the e~cecution and delivery of closing documents and certificates. All such actions previously taken by such officers and agents are ratified and confirmed. The Chairman, County Administrator and the Director of Finance are designated the County's Authorized Representatives for purposes of the Financing Agreement. 16. Filing of Resolution. The County Attorney is authorized and directed to file a certified copy of this Resolution with the Circuit Court of the County of Roanoke, Virginia, pursuant to Sections 15.2-2607 and 15.2-2627 of the Virginia Code. 17. Effective Date. This Resolution shall take effect immediately. Adopted this day of January, 2000. Chairman Clerk -5- ('ERTIFICAT~, The undersigned Jerk of the Board of ~unervicnrc of rhP f nl,,,t~, of v,. ~. - u.a~• V1 1\V 411 V1\C,~ Virginia (the "County"1 hereby certifies that• 1. _ regular meetin of the Board of upervisors of the ounty (the "Board"1 was dul called and held on January 25 2000 (the "Meeting"1 at which the following mem ers were pre ent and absent• P F .NT• ABSENT: ? A resolution - of the Board o (the f u "Resolution"1 of the C'nnnty PnNtIP~ ~~Rpcnlnt~nn .. pervisors of the unto of Roanoke Vir inia Authorizin and roving the Is uanc e an d ale of the ounty of Roanoke Virginia ewer Refunding and evenue Bond rie 2000 in the maximum principal amount of ~ i nn no0 and ettmg Forth the Form De -- tails --- and Prn~;~;nn~ fnr +tio Uo.,,,, * ~r~. ~ ~~ --- - .av ~ u.wcul lllc-cvl. ~ , Wi(- Uul adopted at the Meeting by the recorded affirmative vote of ar )Pact a m~in -- -- --- ............ u~v rita~ „s• n s ~-. a .a. V1 4u vi we members of the Board. the aye and nays being recnrrieri ;n t{lP minntnc of - - - -- - - Va t{,o t:..,. ~..,, llleellll" as shown below: MEMBER V TF Atta hed i a true and correct copy of the Re olution as recorded in full in the minutes of the Meetin . 4 The Resolution ha not b en repealed revoked rescinded nr amenriPr~ and .~ in full force and effect on the date hereof WI'T'NESS mv_signature and the seal of the ~`nnnty of Rn~nnlrn V• ~~.• - avg. ~, . ~^ 111,4 111 ll day of January. 2000. S'lerk. Board of Superviso_r~ of the County o__f Roanoke, Virginia 1 L -6- EXHIBIT A FORM OF BOND UNITED STATES OF AMERICA COMMONWEALTH OF VIRGINIA COUNTY OF ROANOKE, VIRGINIA SEWER REFUNDING AND REVENUE BOND, SERIES 2000 INTEREST RATE MATURITY DATE DATED DATE 3.5% arch 1.2020 Fe ru _, 2000 REGISTERED OWNER: CRESTAR BANK, as Trustee PRINCIPAL AMOUNT: FIVE MILLION SIX HUNDRED THOUSAND DOLLARS ($5,600,000) The COUNTY OF ROANOKE, VIRGINIA, a political subdivision of the Commonwealth of Virginia (the "County"), for value received, promises to pay, solely from the revenues and other property pledged to the payment of this Bond, to the registered owner of this Bond or legal representative, the principal sum stated above, together with interest thereon at the _ annual rate_ stated above, as et forth below. ______ __ _____ _____ _ ____ _ This Bond shall be payable as follows. Interest only on amounts disbursed under this Bond shall be due and payable on entember 1.2000. Commencing _ arch 1.200 ,and continuing semi-annually thereafter on , m er 1 and , March l in each year, the principal of and interest on this Bond shall be payable in equal installments of ~ 199.326.3 , with a final installment of 199.326.29, due and payable on March 1, 2020, when, if not sooner paid, all amounts due hereunder shall be due and payable in full. Each installment shall be applied first to the interest due and payable on this Bond, and then to the principal. If principal advances up to $5,600,000 are not made, the principal amount due on this Bond shall not include the unadvanced amount and shall be reduced as provided in the Financing Agreement (as defined below). If any installment of principal of and interest on this Bond is not paid to the registered owner of this Bond within ten days after its due date, the County shall pay to the registered owner of this Bond a late payment charge in an amount equal to five percent of the overdue installment. -1- The principal of and interest on this Bond are payable in lawful money of the United States. The principal balance of this Bond shall be equal to the principal amount stated above, less the aggregate amount of the payments and any prepayments of principal which may have been made on this Bond. No notation is required to be made on this Bond of the payment or prepayment of principal. HENCE, THE FACE AMOUNT OF THIS BOND MAY EXCEED THE PRINCIPAL SUM REMAINING OUTSTANDING AND DUE HEREUNDER. The issuance of this Bond has been duly authorized by the Board of Supervisors of the- County by aresolution adopted January 25, 2000 (the "Resolution"), and is issued for the purpose of financing the Project (as defined in the Resolution). This Bond is a limited obligation of the County and, except to the extent payable from the proceeds of the sale of the Bond or the income, if any, derived from the investment thereof, is payable exclusively from the revenues (as more particularly defined in the Financing Agreement, the "Revenues") derived by the County from the ownership and operation of its wastewater system (as more particularly defined in the Financing Agreement, the "System"). This Bond has been issued as a "Parity Bond" as defined in the Financing Agreement dated as of December 1, 1996 (the "1996 Financing Agreement"), between the County and the Virginia Water Facilities Revolving Fund, acting by and through the Virginia Resources Authority ("VRA"). This Bond will be secured on parity with the County's outstanding Sewer Revenue Bond, Series 1996 (the "1996 Bond"), with respect to the pledge of Revenues. NEITHER THE COMMONWEALTH OF VIRGINIA NOR ANY OF ITS POLITICAL SUBDIVISIONS, INCLUDING THE COUNTY, SHALL BE OBLIGATED TO PAY THE PRINCIPAL OF OR INTEREST ON THIS BOND OR THE OTHER COSTS INCIDENT TO IT EXCEPT FROM THE REVENUES AND ANY OTHER MONEY OR PROPERTY PLEDGED FOR SUCH PURPOSE, AND NEITHER THE FAITH AND, CREDIT NOR THE TAXING POWER OF THE COMMONWEALTH OF VIRGINIA OR ANY OF ITS POLITICAL SUBDIVISIONS, INCLUDING THE COUNTY, IS -PL-EDGED-TO THE PAYMENT OF THE PRINCIPAL OF OR INTEREST ON THE BOND OR OTHER COSTS INCIDENT TO IT. THE ISSUANCE OF THIS BOND DOES NOT DIRECTLY, INDIRECTLY OR CONTINGENTLY OBLIGATE THE COMMONWEALTH OF VIRGINIA OR ANY OF ITS POLITICAL SUBDIVISIONS, INCLUDING THE COUNTY, TO LEVY-ANY TAXES-FOR THE PAYMENT-OF THIS BOND. This-Bond is issued pursuant to the terms of the_Resolution, a Financing Agreement dated as of February 1, 2000 (the "Financing Agreement"), between the County and VRA, and the Constitution and statutes of the Commonwealth of Virginia, including the Public Finance Act of 1991, Chapter 26, Title 15.2 of the Code of Virginia of 1950, as amended. The obligations of the County under this Bond shall terminate when all amounts due and to become due pursuant to-this Bond have been paid in full. The County may issue additional bonds ranking on a parity with this Bond and the 1996 Bond with respect to the pledge of the Revenues under the terms of the Financing Agreement and the 1996 Financing Agreement. This Bond is not subject to prepayment without the written consent of VRA, in accordance with the terms of the Financing Agreement. ----------.--------------_- _ -2- If an Event of Default (as defined in the Financing Agreement) occurs, the principal of this Bond maybe declared immediately due and payable by the registered owner of this Bond by written notice to the County. This Bond maybe transferred only by an assignment duly executed by the registered owner hereof or such owner's attorney or legal representative in form satisfactory to the Director of Finance, as registrar. Such transfer shall be made in the registration books kept by the Director of Finance, as registrar, upon presentation and surrender hereof. It is hereby certified and recited that all acts, conditions and things required by the Constitution and statutes of the Commonwealth of Virginia to happen, exist or be performed precedent to the issuance of this Bond have happened, exist or been performed in due time, form and manner as so required and that the indebtedness evidenced by this Bond is within every debt and other limit prescribed by the Constitution and statutes of the Commonwealth of Virginia. -3- IN WITNESS WHEREOF, .the Board of Supervisors of the County of Roanoke, Virginia, has caused this Bond to be signed by the Chairman of the Board of Supervisors, the County's seal to be affixed and attested by the signature of the Clerk of the Board of Supervisors and this Bond to be dated the Dated Date. COUNTY OF ROANOKE, VIRGINIA By: Chairman, Board of Supervisors of the County of Roanoke, Virginia [SEAL] ATTEST: Clerk, Board of Supervisors of the County of Roanoke, Virginia -4- Certificate of Advances The principal sum payable under this Bond, not to exceed $5,600,000, shall be an amount equal to the aggregate of all principal advances noted hereunder. The aggregate amount of all principal advances under this Bond shall be certified by an authorized representative of the registered owner of this Bond. Amount Date Authorized Si ature $ February ,2000 ASSIGNMENT FOR VALUE RECEIVED, the undersigned sells, assigns and transfers unto ~rLr;A51/ PRINT OR TYPEWRITE NAME AND ADDRESS, INCLUDING ZIP CODE OF ASSIGNEE.) PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF ASSIGNEE: the within Bond and does hereby irrevocably constitute and appoint attorney, to transfer said Bond on the books kept for registration of said Bond, with full power of substitution in the premises. Dated: Signature Guaranteed: (NOTICE: Signature(s) must be _. guaranteed by an.Eligible Guarantor Institution suchas.aCommercial. - _- Bank, Trust Company, Securities Broker/Dealer, Credit Union or _ Savings Association which is a member of a medallion program approved by The Securities Association, Inc.) \\RIC7IBONDS\roank\sewer\OOvrlf\be»d~-.deE bind Registered Owner (Notice: The signature above must correspond with the name- ofthe Registered Owner as it _ appears on the books kept_fo>`___.___ __ _ __ _ .__. _ registration of this_Bond in _ ______ every particular, without alteration or change.) This redlined draft, generated by CompareRite (TM) -The Instant Redliner, shows the differences between - original document : W:\ROANK\SEWER\OOVRLF\BONDI.DOC and revised document: W:\ROANKISEWER\OOVRLF\BOND2.DOC CompareRite found 11 change(s) in the text Deletions appear as Overstrike text - -6- SECTION 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: January 25, 2000 AGENDA ITEM: Request to Adopt Resolution Authorizing the Refunding of $5,600,000 of Sewer Revenue Bonds COUNTY ADMINISTRATOR'S COMMENTS: ~,~,,,,,~ ~~~ ~~~ SUMMARY OF INFORMATION: On June 22, 1999 the Board of Supervisors approved the issuance of up to $5,725,000 in bonds to finance the County of Roanoke's portion of the Roanoke Regional Wastewater Treatment Facility. This was the second borrowing for this project (previously the County had borrowed $13,100,000 through the Virginia Wastewater Revolving Fund). Due to a change in the way that the Virginia Wastewater Revolving Loan Fund is operating they have requested that we now refund the $5,600,000 of bonds that were closed in July 1999. The initial issue of these bonds had an interest rate of 4%. The refunded issue of this bond will have an interest rate of 3.5%. As a result of this refunding the County will save $17,664 annually or $353,282 over the twenty year term of the loan. The Virginia Resources Authority has agreed to pay any closing costs related to this refunding. At the closing date the County will need to pay the interest that is accrued to this point on the existing loan. This accrued interest amounts to $41, 300.95. This amount is not currently included in the Sewer budget. Under the existing bond this interest would have been due and payable on December 1, 2000. These funds will need to be appropriated currently from the Sewer Unappropriated Balance. This is not an additional expense. It is a change on the timing of the payment from next fiscal year to this fiscal year. As part of the refunding the County Board must approve the attached resolution authorizing the refunding of $5,600.000 of Sewer Revenue Bonds. The financing agreement that is referred to in the resolution is voluminous. A copy is in the Board offices. A public hearing is not required for this refunding. [t is anticipated that this refunding will close around February 2, 2000. FISCAL IMPACT: The County Sewer Fund will save $353,282 over the twenty year life of this $5,600,000 Sewer bond. As a result of the closing $41,300.95 will need to be appropriated in the M:\FINANCE\COMMON\BOARD\ 1-25-OO.wpd ~,~ 1999-00 Sewer budget rather than waiting until 2000-0 l budget. Our future debt payments will be included in future year budgets. STAFF RECOMMENDATION: Staff recommends adopting the attached resolution approving the refunding of $5,600,000 of Sewer revenue bonds. Staff also recommends appropriating $41,300.95 from the Sewer Fund Unappropriated Balance. SUBMITTED BY: ~ ~.~~ Diane D. Hyatt Director of Finance Approved () Denied ( ) Received ( ) Referred ( ) To ( ) Motion by APPROVED: ~~ Elmer C. Hodge County Administrator No Yes Abs McNamara Church Johnson Minnix Nickens M:\FINANCE\COMMON\BOARD\ 1-25-OO.wpd R. l~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF .~ ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JANUARY 25, 2000 RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF ROANOKE, VIRGINIA, AUTHORIZING AND APPROVING THE ISSUANCE AND SALE OF THE COUNTY OF ROANOKE, VIRGINIA, SEWER REFUNDING AND REVENUE BOND, SERIES 2000, IN THE MAXIMUM PRINCIPAL AMOUNT OF $5,600,000, AND SETTING FORTH THE FORM, DETAILS AND PROVISIONS FOR THE PAYMENT THEREOF RECITALS A. WHEREAS, the Board of Supervisors (the "Board") of Roanoke County ,Virginia (the "County") has determined that it is necessary and desirable to issue its Sewer Refunding and Revenue Bond, Series 2000, in the maximum principal amount of $5,600,000 (the "Bond"), and to use the proceeds thereof, along with other available funds, if any, to refinance the County's outstanding $5,600,000 Sewer Revenue Bond, Series 1999 (the "1999 Bond") and finance the County's portion of the expansion of the Roanoke Regional Wastewater Treatment Facility (the "Project"). B. The Bond will be sold by the County to or at the direction of the Virginia Resources Authority ("VRA"), pursuant to the terms of a Financing Agreement (the "Financing Agreement") between the County and VRA, to be dated as of a date specified by VRA. C. The Bond will be issued as a "Parity Bond" as defined in the Financing Agreement dated as of December 1, 1996 (the " 1996 Financing Agreement"), between the County and the Virginia Water Facilities Revolving Fund, acting by and through VRA. The Bond will be secured by a pledge of the revenues (as more particularly defined in the Financing Agreement, the "Revenues") derived by the County from the ownership and operation of its wastewater system (as more particularly defined in the Financing Agreement, the "System"). The Bond will be secured on parity with the County's outstanding Sewer Revenue Bond, Series 1996 (the "1996 Bond"), with respect to the pledge of Revenues. D. The foregoing arrangements will be reflected in the Financing Agreement, a form of which has been presented to this meeting and filed with the County's documents. NOW, THEREFORE, be it resolved by the Board of Supervisors of the County of Roanoke, Virginia that: 1. Election to Proceed Under Public Finance Act of 1991. The Board hereby elects to issue the Bond under the provisions of the Public Finance Act of 1991, Chapter 26, Title 15.2 of the Virginia Code (the "Public Finance Act") without regard to the requirements, restrictions or other provisions contained in the Charter of the County. M:\FINANCE\COMMON\BOARD\ 1-25-OO.wpd ~`~.'. ,~ 2. Authorization of Bond and Use of Proceeds. The Board hereby finds and determines that it is advisable and in the best interest of the County to contract a debt and to issue the Bond in the maximum principal amount of $5,600,000, and to award and sell the Bond to or at the direction of VRA, all pursuant to the Public Finance Act and the terms of this Resolution and the Financing Agreement. Such issuance, award and sale of the Bond are hereby authorized and approved. The Bond shall be known as the "County of Roanoke, Virginia, Sewer Refunding and Revenue Bond, Series 2000." The proceeds from the issuance and sale of the Bond shall be used, together with other available funds, if any, to pay the costs of the Project. 3. Details of Bond. The Bond shall be issued as a single bond in fully registered form and shall be dated the date of its issuance and delivery. The County Administrator is authorized and directed to determine and approve all of the other final details of the Bond, including without limitation, the maximum principal amount authorized to be advanced thereunder, the interest rate, the maturity or payment dates and amounts and the final maturity date; provided, however, that (i) the maximum principal amount authorized to be advanced under the Bond shall not exceed $5,600,000, (ii) the interest rate on the Bond shall not exceed three and one-half percent (3.5%) per annum, (iii) the Bond shall have a substantially level maturity or payment schedule from and after the date on which the first payment of principal is due thereunder, and (iv) the final maturity date of the Bond shall be no later than December 31, 2024. The County Administrator's approval of such details shall be evidenced conclusively by the due execution and delivery of the Bond on the County's behalf to or at the direction of VRA. 4. Pledge of Revenues. The Bond shall be a limited obligation of the County and, except to the extent payable from the proceeds of the sale of the Bond or the income, if any, derived from the investment thereof, is payable exclusively fi•om the Revenues of the System which the County hereby pledges to the payment of the principal of and interest on the Bond pursuant to the terms of the Financing Agreement. The Bond will be issued as a Parity Bond as defined in the 1996 Financing Agreement, and will be secured on parity with the 1996 Bond with respect to the pledge of Revenues. Neither the Commonwealth of Virginia nor any of its political subdivisions, including the County, shall be obligated to pay the principal of or interest on the Bond or other costs incident to it except from the revenues and any other money or property pledged for such purpose, and neither the faith and credit nor the taxing power of the Commonwealth of Virginia or any of its political subdivisions, including the County, is pledged to the payment of the principal of or interest on the Bond or other costs incident to it. The issuance of the Bond does not directly, indirectly or contingently obligate the Commonwealth of Virginia or any of its political subdivisions, including the County, to levy any taxes for the payment of the Bond. 5. Form of Bond. The Bond shall be in substantially the form attached as Exhibit A to the Financing Agreement, with such variations, insertions or deletions as may be approved by the Chairman of the Board (the "Chairman") or the Vice Chairman of the Board (the "Vice Chairman"). There may be endorsed on the Bond such legend or text as may be necessary or appropriate to conform to any applicable rules and regulations of any governmental authority or any usage or requirement of law with respect thereto. 6. Evidence of Approval. The Chairman's or Vice Chairman's approval or determination of all of the details and provisions of the Bond that he has been authorized and/or directed to approve under this Resolution shall be evidenced conclusively by his execution and delivery of the Bond on the County's behalf. M:\FINANCE\COMMON\BOARD\ 1-25-OO.wpd f 7. Redemption of Bond. The Bond shall not be subject to optional redemption without the consent of VRA, as set forth in the Bond and the Financing Agreement. 8. Execution and Delivery of Bond. The Chairman or Vice Chairman is authorized and directed to execute the Bond. The Clerk of the Board (the "Clerk") or the Deputy Clerk of the Board (the "Deputy Clerk") is authorized and directed to affix the seal of the County to the executed Bond and to attest it and then to deliver the Bond or cause the Bond to be delivered to or at the direction of VRA upon payment of the first principal advance thereunder. An authorized representative or other designee of VRA shall enter the amount and date of each principal advance as provided in the Certificate of Advances attached to the Bond when the proceeds of such advance are delivered to the County. 9. Registration, Transfer and Exchange. The Board appoints the Director of Finance as its registrar and transfer agent to keep books for the registration and transfer of the Bond and to make such registrations and transfers on such books under such reasonable regulations as the County may prescribe. Upon surrender for transfer or exchange of the Bond at the ofl"ice of the Director of Finance, the County shall cause the execution and delivery in the name of the transferee or registered owner, as applicable, of a new Bond for a principal amount equal to the Bond surrendered and of the same date and tenor as the Bond surrendered, subject in each case to such reasonable regulations as the County may prescribe. If surrendered for transfer, exchange, redemption or payment, the Bond shall be accompanied by a written instrument or instruments of transfer or authorization for exchange, in form and substance reasonably satisfactory to the Director of Finance, duly executed by the registered owner or by his or her duly authorized attorney-in-fact or legal representative. A new Bond delivered upon any transfer or exchange shall be a valid limited obligation of the County, evidencing the same debt as the Bond surrendered and shall be entitled to all of the security and benefits of this Resolution to the same extent as the Bond surrendered. 10. Charges for Exchange or Transfer. No charge shall be made for any exchange or transfer of the Bond, but the Director of Finance may require payment by the holder of the Bond of a sum sufficient to cover any tax or any other governmental charge that may be imposed in relation thereto. 1 1. Mutilated. Lost, Stolen or Destroved Bond. If the Bond has been mutilated, lost, stolen or destroyed, the County shall execute and deliver a new Bond of like date and tenor in exchange and substitution for, and upon delivery to the Director of Finance and cancellation of, such mutilated Bond, or in lieu of and in substitution for such lost, stolen or destroyed Bond; provided, however, that the County shall execute, authenticate and deliver a new Bond only if its registered owner has paid the reasonable expenses and charges of the County in connection therewith and, in the case of a lost, stolen or destroyed Bond (i) has filed with the Director of Finance evidence satisfactory to him or her that such Bond was lost, stolen or destroyed and that the holder of the Bond was its registered owner and (ii) has furnished to the County indemnity satisfactory to the Director of Finance. If the Bond has matured, instead of issuing a new Bond, the County may pay the Bond without surrender upon receipt of the aforesaid evidence and indemnity. M:\FINANCE\COMMON\BOARD\ I -25-00. wpd l •~' 12. Approval of Financing Agreement. The Financing Agreement is approved in substantially the form presented to this meeting, with such changes, insertions or omissions as may be approved by the Chairman or Vice Chairman, whose approval shall be evidenced conclusively by the execution and delivery of the Financing Agreement on the County's behalf, and the Chairman or Vice Chairman is authorized to complete the Financing Agreement with the final terms and details of the Bond as determined pursuant to paragraph 3. The Chairman or Vice Chairman is authorized to execute and deliver the Financing Agreement and such other documents and certificates as such officer may consider necessary in connection therewith. 13. Disclosure Documents. The Chairman, Vice Chairman, County Administrator and Director of Finance and such officers and agents of the County as any of them may designate, are hereby authorized and directed to prepare, execute and deliver any appropriate disclosure documents as may be necessary to expedite the sale of the Bond. If appropriate, such disclosure documents shall be distributed in such manner and at such times as any of them shall determine. The County Administrator and the Director of Finance, or either of them, are authorized and directed to take whatever actions are necessary and/or appropriate to ensure compliance with Securities and Exchange Commission Rule 15c2-12. 14. Tax Documents. The County Administrator and the Director of Finance are authorized to execute a Tax Compliance Agreement or any related document (the "Tax Documents") setting forth the expected use and investment of the proceeds of the Bond and containing such covenants as may be necessary in order to comply with the provisions of the Internal Revenue Code of 1986, as amended (the "Code"), including the provisions of Section 148 of the Code and applicable regulations relating to "arbitrage bonds." The County covenants that the proceeds from the issuance and sale of the Bond will be invested and expended as set forth in the Tax Documents, to be delivered simultaneously with the issuance and delivery of the Bond and that the County shall comply with the other covenants and representations contained therein. 15. Further Actions: Authorized Representative. The Chairman, the County Administrator and the Director of Finance and such officers and agents of the County as may be designated by any of them are authorized and directed to take such further actions as they deem necessary regarding the refinancing of the 1999 Bond, the issuance and sale of the Bond and the execution, delivery and performance of the Financing Agreement, including, without limitation, the execution and delivery of closing documents and certificates. All such actions previously taken by such officers and agents are ratified and confirmed. The Chairman, County Administrator and the Director of Finance are designated the County's Authorized Representatives for purposes of the Financing Agreement. 16. Filing of Resolution. The County Attorney is authorized and directed to file a certified copy of this Resolution with the Circuit Court of the County of Roanoke, Virginia, pursuant to Sections 15.2- 2607 and 15.2-2627 of the Virginia Code. M:\FINANCE\COMMON\BOARD\ 1-25-OO.wpd ~ .. ~ , -- ~-_ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JANUARY 25, 2000. RESOLUTION 012500-2 REQUESTING THE DIRECTOR OF THE VIRGINIA DEPARTMENT OF CONSERVATION AND RECREATION TO DESIGNATE THE NORTH ROANOKE PARK, (TO BE RENAMED AT A LATER DATE) AS A PUBLIC RECREATION AREA AND TO RECOMMEND TO THE COMMONWEALTH TRANSPORTATION BOARD THAT RECREATIONAL ACCESS FUNDS BE APPROVED FOR THIS PROJECT. WHEREAS, the North Roanoke Park is to be developed by the Roanoke County Department of Parks and Recreation as a recreational facility serving the residents of Roanoke County; and WHEREAS, the facility is in need of adequate access; and WHEREAS, the procedure governing the allocation of recreational access funds as set forth in Section 33.1-223 of the Code of Virginia requires joint action by the Director of the Department of Conservation and Recreation and the Commonwealth Transportation Board; and WHEREAS, a statement of policy agreed upon between the said Director and Board approves the use of such funds for the construction of access roads to publicly- owned recreational areas; and WHEREAS, it appears to the Board that all requirements have been met to permit the Director of the Department of Conservation and Recreation to designate the North Roanoke Park as a public recreational facility and further permit the Commonwealth Transportation Board to provide funds for access to this public recreation area in accordance with Section 33.1-223 of the Code of Virginia; and WHEREAS, the right of way of the proposed access road is provided by the County of Roanoke at no cost to the Recreational Access Fund; and WHEREAS, the Board acknowledges that, pursuant to the provisions of Section 33.1-223 of the Code of Virginia, this road shall be designated a "Virginia Byway" and recommends the Commonwealth Transportation Board, in cooperation with the Director of the Department of Conservation and Recreation, take appropriate action to implement this designation. Further, the Board agrees, in keeping with the intent of Section 33.1-63 of the Code of Virginia, to use its good offices to reasonably protect the aesthetic or cultural value of this road. 1 NOW, THEREFORE BE IT RESOLVED, that the Board of Supervisors of the County of Roanoke hereby requests the Director of the Department of Conservation and Recreation to designate the North Roanoke Park as a public recreational area and to recommend to the Commonwealth Transportation Board that recreational access funds be allocated for an access road to serve said park; and BE IT FURTHER RESOLVED, that the Commonwealth Transportation Board is hereby requested to allocate the necessary recreational access funds to provide a suitable access road as hereinbefore described. On motion of Supervisor Johnson to adopt the Resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Minnix, Church, Nickens, McNamara NAYS: None A COPY TESTE: Mary H. Allen, CMC/AAE Clerk to the Board of Supervisors cc: File Pete Haislip, Director, Parks & Recreation 2 r Action No. Item Number C '"~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: January 25, 2000 AGENDA ITEM: Resolution requesting the Director of the Virginia Department of Conservation and Recreation to designate the North Roanoke Park (to be renamed at a later date) as a public recreation area and to recommend to the Commonwealth Transportation Board that recreational access funds be approved for this project. County Administrators Comments: Summary of Information: At the December 21, 1999 Board meeting the Board of Supervisors approved the concept plan for a new park in North Roanoke. As funding is limited, an important part of the process is securing Recreational Access Funds from the state to construct an access road. This resolution indicates the Board of Supervisors support for the project and provides direction to the Department of Conservation and Recreation to designate this park as a public recreation area and to recommend to the Commonwealth Transportation Board that this project be funded. Fiscal Impact: Due to significant drainage issues the access road is estimated to cost approximately $225,000. By funding the access road through the Recreational Access program we will save the county this expense while allowing parks and recreation to proceed with the design and construction of at least one soccer field and parking lot. Staff Recommendation: Staff recommends approval of the attached resolution. ~'~'~ Respectfully submitted, Approved by, I Pete Haislip, D rector Elmer Hodge Parks and Recreation County Administrator Action Vote No Yes Abs Approved ( ) Denied ( ) Received ( ) Referred to Motion by Church Johnson McNamara Minnix Nickens 2 ~~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, January 20, 2000. RESOLUTION REQUESTING THE DIRECTOR OF THE VIRGINIA DEPARTMENT OF CONSERVATION AND RECREATION TO DESIGNATE THE NORTH ROANOKE PARK, (TO BE RENAMED AT A LATER DATE) AS A PUBLIC RECREATION AREA AND TO RECOMMEND TO THE COMMONWEALTH TRANSPORTATION BOARD THAT RECREATIONAL ACCESS FUNDS BE APPROVED FOR THIS PROJECT. WHEREAS, the North Roanoke Park is to be developed by the Roanoke County Department of Parks and Recreation as a recreational facility serving the residents of Roanoke County; and WHEREAS, the facility is in need of adequate access; and WHEREAS, the procedure governing the allocation of recreational access funds as set forth in Section 33.1-223 of the Code of Virginia requires joint action by the Director of the Department of Conservation and Recreation and the Commonwealth Transportation Board; and WHEREAS, a statement of policy agreed upon between the said Director and Board approves the use of such funds for the construction of access roads to publicly-owned recreational areas; and WHEREAS, it appears to the Board that all requirements have been met to permit the Director of the Department of Conservation and Recreation to designate the North Roanoke Park as a public recreational facility and further permit the Commonwealth Transportation Board to provide funds for access to this public recreation area in accordance with Section 33.1-223 of the Code of Virginia; and WHEREAS, the right of way of the proposed access road is provided by the County of Roanoke at no cost to the Recreational Access Fund; and WHEREAS, the Board acknowledges that, pursuant to the provisions of Section 33.1-223 of the Code of Vircinia, this road shall be designated a "Virginia Byway" and recommends the Commonwealth Transportation Board, in cooperation with the Director of the Department of Conservation and Recreation, take appropriate action to implement this designation. Further, the Board agrees, in keeping with the ~'~~ intent of Section 33.1-63 of the Code of Virginia, to use its good offices to reasonably protect the aesthetic or cultural value of this road. NOW, THEREFORE BE IT RESOLVED, that the Board of Supervisors of the County of Roanoke hereby requests the Director of the Department of Conservation and Recreation to designate the North Roanoke Park as a public recreational area and to recommend to the Commonwealth Transportation Board that recreational access funds be allocated for an access road to serve said park; and BE IT FURTHER RESOLVED, that the Commonwealth Transportation Board is hereby requested to allocate the necessary recreational access funds to provide a suitable access road as hereinbefore described. 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: January 25, 2000 AGENDA ITEM: Requests for Public Hearing and First Reading for Rezoning Ordinances Consent Agenda COUNTY ADMINISTRATOR'S COMMENTS: BACKGROUND: The first reading on these ordinances is accomplished by adoption of these ordinances in the manner of consent agenda items. The adoption of these items does not imply approval of the substantive content of the requested zoning actions, rather approval satisfies the procedural requirements of the County Charter and schedules the required public hearing and second reading of these ordinances. The second reading and public hearing on these ordinances is scheduled for February 29a 2000 The titles of these ordinances are as follows: 1) An ordinance to rezone approximately 1.05 from R-3 Residential to C-2 Commercial to operate a personal services facility upon the petition of David and Zena Azar, located at 5420 Starkey Road, Cave Spring Magisterial District. 2) An ordinance amending and reenacting the zoning ordinance of Roanoke County Virginia by the addition of standards for cluster subdivisions, upon the petition of the Roanoke County Planning Commission. 3) An ordinance authorizing the approval of a special use permit for the Evangel Foursquare Church, for a religious assembly use located at 5188 Stable Road, Cave Spring Magisterial District. MAPS ARE ATTACHED; MORE DETAILED INFORMATION IS AVAILABLE IN THE CLERK'S OFFICE. STAFF RECOMMENDATION: Staff recommends as follows: F/-3 (1) That the Board approve and adopt the first reading of these rezoning ordinances for the purpose of scheduling the second reading and public hearing for February 29. 2000 (2) That this section of the agenda be, and hereby is, approved and concurred in as to each item separately set forth as Items 1 through 3, inclusive, and that the Clerk is authorized and directed where required by law to set forth upon any of said items the separate vote tabulation for any such item pursuant to this action. Respectfully submitted, r !~ ~ --" 1~ ~ . ~ ~ P ul M. Mahone a y County Attorney Approved ( ) Denied ( ) Received ( ) Referred to Action Motion by No 1Ye~ Abs Church Johnson McNamara Minnix Nickens i COU~~TY CAF R,0A~10'rCR DEPT. OF PLANNING AND ZONING 5~0~ Bernard gr. P.0. Box 29800 Roancke, VA 240' 8 ( S~g~ ~~2-2oEa Fax (5':o i 77?-? ~ 08 For start use only d e re '~ receive /: a, piica on ' PCi8Z:~ placards issu=_d: 805 da: Case Numoer: ~ _ ~ r/~ ~ n /~ I ;:;` :~_;i;;ii;;i;l; :(;;i;;isii;isil;>;;;;:;?.:a:..:::::.;::,:..:::::::::::::::.::`;::::::::.::::.:::::::::::::.:.:. :::::.:;:.;.:::.:.:.:.:.:.:.:.:.:.......: .....:............................. Check type cf app lication hied ( check ail that appiyl: ', ~RE=ON(NG ^ SPECIAL USE ^VARIANCE 4604 77 ` David and Z~na Azar - Phone: 7 s name: Applicant c/o iVeal S. dohnso~~, Esq. Zip Code: 24G16 Address: P.O. Bo;: ~, ~~ 21846, Roanore, ~A '~ ~ 6 Owner's Warne: S helley E . Ilon ~gor~e ry, J r . ' Phone: 24014 ~ / 5 42G S~ar'~c ~ce, VA Roano ey Road zip Code: Address: , Location. of property: 5420 S~arkey Road Tax Map Numce.*: 67.19-2-3; .1G-2-2 Magisterial District: C a v e S R r i n g Community Planning Area: Cave S i r i n g Size of parcei (s): Existing Zoning: R-3 1. G 3 acres Existing Land Use: Single f a r m l y sq.ft. ~^ L s.. F~ z ~ T ~ ~ ~ ~ t .... r--r ~ ~ s. f Proposed Zoning: G - 2 Proposal Land Use: D a;' S ~ a and Salo n Y :i~~(-t t ....... . . For Starf Use Oniy Use Type: ~; Does the ~rcel meet the minimum Ict area, width, and frontage requirements of the reques~ed district? YES ~'" NO 1F N0, A V,4~Rir.NCE IS REQUIRED FIRST. - / Does the parce! meat the minimum criteria for the requested Use Type? YES V NC IF N0, A V,a.RIANCE IS REQUIRED FIRST. If rezoning request, are conditions being proi~ered with this request? YES NO ~r'~i`.r^~~i~ti`tFF^~~~~i?i~lT" ~F ~`:'`'`:''•```_~`i"~~?''?'_'°':!'''„'. ': '!`1 €Ei''.'.~'.~~`~;;i:;::::E€a;; ~~,. ~ (fit ~ ~ tl~~ .. ... ..... ... ..... VaflanCe Of SectlOn(S) OT ti.e Roanoke County Zoning Ordinance in oleo; to. Is the application complete? Please check if enclosed. APPLICATION `JILL NQT BE ACCEPTED IF A.NY OF THESE ITE~1S .4RE MISSING OR INCOfvtPLE T E. R15 V R!5 V R!S V Consultation 8 1 r2" x 1 i " concept plan A.policatian fee Application "y~' Metes and bounds description ~ Pro?Tern, if applicaele Justification ~~~~° Water and sewer application Adjoining propery owners 1 hereby certr'fy that / am ei er th o the prop rty t e owner's agent or contract purchaser ono art, ac.*ing with the khowle gee an nsent oil, the ow er. ; Owner's Signature: RflANDIfE COUNTY DL DA pT~,f~ s'YT Q ~' CD~MUNITY DES/ELOP~tENT J. Dave and Zencx Azar i~~zs~:~,e ,dam R-3 to C-? f-~ joxrrsoly & W~xrrEx PLC Attorneys at Law Neal S. Johnson Direct Dial: 540-777-4604 Email: nsi~c~iohnsonwarner.com P. O. Box 21848 4648 Brambieton Avenue, S. W. Roanoke, Virginia 24018 540-777-4600 Fax 540-777-4700 William J. Creech, jr. Of Counsel Please realy to Roanoke HAND DELIVERED Mr. Terry Harrington Zoning Administrator County of Roanoke 5204 Bernard Drive, S.W. Post Office Box29800 Roanoke, VA 24018 6 E. Washington Street Lexington, Virginia 24450 540-463-6233 December 17, 1999 RE: Rezoning Application on behalf of J. David and Zena Azar 5420 Starkey Road; R-3 to C-2 Dear Mr. Harrington: Following up our consultation which occurred on December 7, 1999, I am enclosing the completed Application for the rezoning of property located at 5420 Starkey Road, which is being submitted on behalf of J. David and Zena J. Azar, requesting a rezoning of this property from R- 3 to C-2 to allow for a use of this property as a Day Spa and Salon ("Azario's") which will be more fully described herein. With the completed Application, I am also enclosing a check in the amount of $977.00, the Concept Plan prepared by Jeff Parkhill with Hughes Associates Architects, and the listing of adjacent property owners. Please accept this letter as completing the portions of the Application concerning justification for the rezoning. INFORMATION REGARDING APPLICANT The applicants for rezoning are David and Zena Azar, who reside in Roanoke County. David Azar presently owns and manages a restaurant on Moorman Avenue in the City of Roanoke. Zena Azar is currently employed with the Edward Grant Salon. If the rezoning request is allowed, Zena Azar will operate the Day Spa and Salon under the name "Azario's Day Spa." Some of Mrs. Azar's qualifications and achievements are documented in Exhibit A which is attached hereto. F-I Mr. Terry Harrington December 17, 1999 Page 2 DESCRIPTION OF PROPERTY AND CURRENT USE The subject property is currently owned by Shelby Montgomery, Jr., and is being utilized as a single family residence. The property consists of a brick structure with a detached garage, having approximately 1,000 square feet of finished living area. The existing garage would continue to be used by the applicant, but a separate parking area will be constructed for customers of the Day Spa and Salon. The legal description of the property is as shown on the Deed and Plat of Survey which are attached. USES OF ADJACENT PROPERTIES The property immediately to the right of the subject property (as you face it), tax parcel #87.19-2-4, is owned by Jack Bess, 5422 Starkey Road, Roanoke, Virginia 24014, is currently zoned C-1 and is utilized by Mr. Bess as a surveyor's office. Contact has been made with Mr. Bess, providing information regarding the rezoning request and offering to meet and answer any questions. The applicant has been advised that Mr. Bess does not foresee any objections to the suggested rezoning. The property immediately to the left of the subject property is owned by Old Heritage Corporation (Hunting Hills Country Club) and has a dwelling on it which currently is being utilized as rental property. PROPOSED USE AS DAY SPA AND SALON A Day Spa and Salon is an increasingly popular and common type of business which provides numerous health and beauty services, including hair styling, pedicures and manicures, facials, massages, etc., all at one location. Exhibit A hereto provides additional information about day spas, the services to be offered at Azario's Day Spa, and the qualifications of Zena Azar. Exhibit B hereto is a typical menu that is utilized by day spas, detailing the services offered. A trend in the health and beauty service area is to consolidate and combine the provision of health and beauty services in one convenient location. Under §30-29-5 of the Roanoke County Zoning Ordinance, a Day Spa and Salon would most appropriately be characterized as a "personal improvement service" or "personal service" commercial use type, which are defined as follows: Personal improvement services: Establishments primarily engaged in the provision of informational, instructional, personal improvements and similar services. Typical uses include driving schools, health or physical fitness studios, reducing salons, dance studios, handicraft and hobby instruction. Personal services: Establishments or places of business engaged in the provision of frequently or recurrently needed services of a personal nature. Typical uses include beauty and barber shops; grooming of pets, seamstresses, tailors, or shoe f~ Mr. Terry Harrington December 17, 1999 Page 3 repairs; florists; and Laundromats and dry cleaning stations serving individuals and households. COMPATIBILITY OF REZONING REQUEST WITH ROANOKE COUNTY 1998 COMMUNITY PLAN The subject property is located on Starkey Road (State Route 904) which has developed into a major artery in Roanoke County. The primary land use designations along Starkey Road include Core, Transition, Principal Industrial, with a small area designated as Neighborhood Conservation on the east side of Starkey Road. Under the 1998 Roanoke County Community Plan, the subject property is located in an area classified as Transition. The use of the subject property as a day spa and salon is consistent with the emerging uses of property in this Transition area. Its usage will not interfere with the areas designated as Neighborhood Conservation and will not negatively impact the continuation of the existing housing pattern in those areas. The use of the subject property as a Day Spa and Salon along the Starkey Road corridor will promote a commercial use of the property with positive aesthetics and prevents other more unappealing forms of commercial strip development which causes undesirable traffic congestion and access difficulty. The existing structure can be preserved and utilized, thus minimizing the impact on the Neighborhood Conservation area immediately across Starkey Road from the subject property. The development will preserve and enhance and incorporate natural site resources, such as topography, vegetation, and views to and from the site and drainage ways. In summary, the proposed use provides an excellent economic development of the subject property which is consistent with the evolving nature of the area as office and light commercial, but causes no negative impact on the Neighborhood Conservation area located across Starkey Road. JUSTIFICATION UNDER ROANOKE COUNTY ZONING ORDINANCE The rezoning of the subject property from R-3 to C-2 furthers the purposes of the Roanoke County Zoning Ordinance and allows commercial development in a Transition area along a major corridor in a manner which promotes the health, safety, and general welfare of the public and Roanoke County. Specifically, the rezoning request is consistent with, and promotes the purposes of, the Roanoke County Zoning Ordinance as specified in §30-3 of the Ordinance. 1. The development as proposed provides for adequate light, air, convenience of access, and has no negative impact on safety from fire, flood, or other dangers. 2. The use of the subject property as proposed is a light commercial use of the property in a transition area which will further the goal of minimizing and preventing congestion in the public streets. Mr. Terry Harrington December 17, 1999 Page 4 3. The rezoning facilitates the creation of a convenient, attractive and harmonious community. As a Transition area, this portion of Starkey Road will continue to develop with office and light commercial uses, and the use of the subject property as a Day Spa and Salon is an appropriate use in promoting a convenient, attractive, and harmonious community. The subject property is conveniently located to numerous neighborhoods whose residents have need for and will utilize the services provided. 4. The use of the subject property as proposed in no way negatively impacts the provision of adequate police, fire protection, disaster evacuation, civil defense, transportation, water, sewer, flood protection, schools, parks, forests, playgrounds, recreational facilities, airports and other public requirements. 5. The use of the subject property as proposed does not destroy or encroach upon any historic buildings or areas. 6. The use as proposed is consistent with the zoning ordinance's goals to protect against overcrowding of land, undue density of population, obstruction of light or air, hazards and congestion, travel and transportation, etc. 7. The use of the subject property as proposed encourages economic development activities that provides desirable employment and enlarges the tax base. 8. The use as proposed in no way negatively affects the preservation of agricultural and forestal lands. 9. The use as proposed has no negative affect on licensed airports. 10. The use as proposed is consistent with the protection of service and groundwater resources. The purpose of a C-2 General Commercial District classification is to provide locations for a variety of commercial and service related activities which serve a community of several neighborhoods or large areas of the County. General Commercial Districts are most appropriately found along major arterial thoroughfares which serve large segments of the County's population. The proposed rezoning is consistent with the general purpose of a C-2 General Commercial District. Starkey Road has developed into a major arterial thoroughfare which serves large segments of the County's population. Several neighborhoods are located in close vicinity to the subject property, and the proposed use will conveniently serve residents in those neighborhoods. Land uses permitted in a C-2 District are generally consistent with the recommendations set forth in the Transition land use category of the Comprehensive Development Plan. "Personal improvement services" and "personal services" are permitted uses F- ~ Fr Mr. Terry Harrington December 17, 1999 Page 5 in a C-2 General Commercial District. The use as proposed as shown on the Concept Plan submitted herewith is in compliance with the minimum lot requirements, minimum setback requirements, and minimum height of structures for a C-2 General Commercial District. IMPACTS OF DEVELOPMENT The rezoning and proposed use of the subject property provides for appropriate economic development in a transition area and does not negatively impact the property itself, the adjoining properties, the surrounding area, or public services and facilities, including water/sewer, roads, schools, parks/recreation, and fire/rescue. With regard to the property itself, the existing structures will be utilized and improved. There will be no negative impact on the adjoining property currently being used as a surveyor's office, and in fact, provides a commercial development which is of a light commercial nature and consistent with the adjoining property's use as a surveyor's office. The rezoning allows for a light commercial use which also does not negatively impact on the Neighborhood Conservation area located across Starkey Road. CONCLUSIO The subject property is located in a Transition area on a major corridor where commercial uses are becoming more prevalent. A Day Spa and Salon is exactly the type of use which will allow for economic development, provide convenient services to neighboring communities, but will not negatively impact existing land uses, traffic, congestion, or other public priorities. On behalf of the applicants, it is respectfully requested that the rezoning Application be approved. Thank you for your attention to this matter. pdc Enclosures cc: J. David and Zena Azar D. Jeffry Parkhill ~~r ~ r. ~4; ~~~~, ... ,U '<`g ~ ~`~ ~~~~ ~~ aM $~~+^. ~`~ M~~~~ a~3'';.. $~ ~` ,,;~ `~ ~- ~,: ~~ `~C ~~ qe~ g ~ ~f ~~~ ,yy ,~~ r„ 5 x'33+ z ~~'+M,~ ~ P1 yt! ?+r_k; r "z~ i z ~$ .. '~ ~ n :i a_ I. ~ n. -- , im yyil ,ry~~~ tl1 a~~~ ~5~~~. ;~ N / / / / ~ ~ ,Cn~m~ o~ m~~'. ups _ t_ u ~~ b ~ ;' ~ ~ 1, ~d ~~ ;' ;; i i i /, i i i~ n boa z ~o ~'a~ V 2 j'a u'~ b F, I 'P k ~I ~~,,.~_"~ _ c' ~ ~ ~ ~, "` ~ \ ~ I~ ~~ f ~`` I e`J ~ . /~ ~'.'~` ~ g o r, GONGE°T SITE DE`tE~O?tr?ENT Pi_AN '$ 'g ;9 s m ~ o x Je w~-. Rw:s~ns ~-' rn ~ }~ \ , FGR p s~N ~' e = ~~ a '~ t^• --. ;• f't D r 'v E~ m ~ DIo4 Y' ~ ~t~/611`~ S ~ b ~ STAt2iGEY ROAD, ~tA. STATE RGUTL- #;!q ~~ 4: L ~ ~ ~ tai L ~ 1 in ROANOKE, VIRSINIA 8 ~ = tit ``7 I ~ I _' ~ U]Uf y .xrr;r -- Jr~ ~ , 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: January 25, 2000 AGENDA ITEM: First reading ofordinance amending and reenacting the zoning ordinance of Roanoke County by the addition of standards for cluster subdivision, upon the petition of the Planning Commission COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The Board of Supervisors held a Work Session with the Planning Commission on January 11, 2000 to discuss issues related to the cluster housing ordinance. The Board asked the Planning Commission to review concerns of density, private roads, and waivers. This is the first reading of the ordinance. The Planning Commission will hold a work session on February 15, and the Board will hold second reading and a public hearing on February 29, 2000. E mer C. odge County Administrator --------------------------------------------------------------------------------------------------------------------- ACTION VOTE No. Yes Abs Approved () Motion by: Church _ _ Denied () Johnson _ _ _ Received () McNamara- _ _ Referred () Minnix To () Nickens C;nec!~ type or application filed (chec!< aiI that applyl. ^ REZONING ®SPECVAL USE ^`/ARIANCE Phone: Applicant`s name: Evangel Foursquare Church, Trustees 982-3694 Address: 612 Bul l i tt Ave . , S E (Attn : Mr . Ken Wright) z'p Code: 24013 R Phone: 982-3694 Owner's name: Evangel Foursquare Church, Trustees ;address: 612 Bullitt Ave., SE Zip Code: 24013 Roanoke, VA ~.:~ -~k `~'~ 2- , ~-` Location of property: Tax Map Number: g8 .03-1-09 Along State Rt. 766 & 933 tviagisterai District: Cave Spring Community Planning Area: ~,~~L,,,~~;.C~~\ size of parce! (s): Existing Zoning: AV 18.49 _ acres Existing Land Use: Open sq.ft. .: fi ~I''~'~ ~''' - L::i r :sue ~.~. •°~~', ~<''7x's` ~;r~7-~.:,~',_G~~~'=:~~:~ ~ .,=~ ~r~,l~`.. F~~ Scarf Jsa Gniy Proposed Zcning: ~~ ~ Use Type: a Proposed Land Usa: Church ~ (}.;,.~ C~--z Does the parce! meet the minimum bt area, width, and frontage requirements of the requested district' Yc5 x (~O IF N0, A V.-^~Plr.'JCE IS RECtUIRED FIRST. fJ C Daes the parcel meet the minimum criteria far t~ ~e requested Use Type: YES X IF N0, A ~1,4~,LANCE IS P,EQUIRED FIRST. If rezoning reques*, are conditions 5eing ororered with this request% YES NO ~'~f ` ~ Vii' ~~ [i!!~?i ~~ ~(~~ _',? ~`a~': is ~ ~~4!=i ~~ ~ i .Variance of Sec*ionis) of the Roanoke Ceunty Zoning Ordinance in orcar to: Is the apoiicatian complete? Please check if enclosed. ArPL]C?. T IGN WILL NOT BE r.CCEPTED IP ?.~~+~' OP T't-1ESE ITEMS ?,RE MISSING OR INCOMPLc i E. Ass V A!5 V R/9 V Consultation A. ofication fee 8 1%2" x 1 i" concept plan P. ~.,. ~'? ProTfefS, li appilCabie Applicatien _ ~~-' Metes and ~~unds description Justirication ?~V;.<3 Water and sewer application ~ Adjoining propery owners hereby cerrr'ry that / am archer the ovrner of the property er the owner's_a~e.?t yr contract purc.hasar and am acting wr'th the know/edge and cons~nt of tie owne~;~,--'~~" ~\ ~. Owner's Signature: F-or Staff Use Only: Case N.umoer '` ~j T.. .:.:. "`! . ~ '! :. ~" . ~ : ..~ ~f.?h~' ... ~ ................ . The Planning Commission will stud`f rezoning and special use permit requests to determine the need and justification for the change in terms of public health, safety, and general welfare. Please ans`Ner the foile~r~ing questions as thoroughly as possible. Use additional saace a' necessary. Please explain how the request furthers the purposes of the Zoning Ordinance (Section 30-3) as ~r~eil as the purpose fcund at the beginning of the applicable zoning district classification in the zoning ordinance. This project is a religious assembly facility with a day care center to be located on a 18.49 acre site for Evangel Foursquare Church. The site is located at Stable Road (along State Routes 766 and 933). This request is for a special use permit for the Master Plan of a Multi-phase building program with an ultimate size of 43,000 SF with a seating capacity for 500. This facility will aid in the creation of a convenient, attractive and harmonious community and reduce over all land use density and increase the public services to the community through child care and by helping to extend public water service to an area where it does not currently exist. Please explain how the project conforms to the general guidelines and policies contained in the Rcanoke County Comprehensive Plan. Religious assembly facilities and day care centers are permitted by the zoning ordinances by special use permit and are generally consistent with the comprehensive plan. Street access is available and public water is being extended to serve the proposed facility. Evangel Foursquare Church Trustees Applicant Please describe the impact(sl of the request on the properly itself, the adjoining properties, and the surrounding area, as well as the impacts on public services and facilities, including water sewer, roads, schools, parks/recreation, and fire rescue. The proposed project will have minimal impact on the adjoining properties with regard to fire rescue.-The project will enhance the community by helping to bring public water to the area. A day care center which will offer care for infants through age 12 with a before/after school program will be available to area schools. A gymnasium and outdoor recreational facilities will provide a new service to the community that will compliment the park/recreation services. No traffic outlet is proposed for Singing Hills Drive. Traffic along Sable Road will increase with the facility primarily Sunday mornings and evenings. Adequate on site parking is proposed. Storm water run off will be contained through a proposed holding pond. I I ~ _ U~ II 7``I~ s jVL,' r1 "~, ~~l ~~ ~ `'r. ~~ G ~: ~ ~ ~~~ ~- ti obi i~~ u: i ~~ I ~. i~I ~~~ I G ~, I 9~ 7 r „ ! ,i ~ I. vi j i I i~.:l ~~ i~ ~i~ ~ ~li y i 1's - 1 ~r.. T_ ~y 2. ~ C =v ;~ '~ ~'n ;~ J `C .z Z C R j "' C W Z G ,L .7 4; O ~I 1;, 31` ~~~, ~\ i r ~~i !i ~~ ~ '-i ; 3I' i 1' -I !t i ~r~' I' ll~' -'n _I .L ~~~', ', a `\ ~ i' I~ ~I !'I_ ~' !~ C 2 ~ -_ ~/~~~L `d FVVI~ 'i~c~, ~:~ ,~ \ ~I~'I'~'~,. lil ~~ I~r ~~~ '~~.~ it Iii !--- iir~~:, i ;~„ n iC 2 S, Y J ~ ~ V ;A ~6 ~~a ~ ~ ~~~~~r 'd,' y/ ~~ .ry/~bdj 7~N-TX ~ ~g I ~~~~~ 1~ 1 ~~ ~ ~~, I ~ '~ ~ ~. ~~~~~ ~ 1 -I ~~~. 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Upon reviewing the tapes from the January 11 meeting, however, the only nomination made was to the Convention and Visitor's Bureau. The other recommendations are listed under items (4) The Hanging Rock Battlefield and railway Preservation; (8) The Southwest Development Financing, Inc; and (9) Virginia's First RegionallndustrialFacilityAuthority. Becauseofineetings that have already been scheduled we should fill these vacancies as soon as possible. I have added these to the Consent Agenda under Item J-1 for your consideration, and request that you ratify my recommendations for these committees. SUMMARY OF INFORMATION: 1. BOARD OF ZONING APPEALS The five-year unexpired term of Herbert H. Snyder, representing the Vinton Magisterial District, who has resigned effective December 31, 1999. His term will expire June 30, 2000. 2. BUILDING CODE BOARD OF ADJUSTMENTS AND APPEALS The four-year term of Thomas A. Darnall, Architect, will expire January 22, 2000. These appointments should represent different occupational or professional fields and at least one member should be a licensed professional engineer or architect. 3. 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. 4. HANGING ROCK BATTLEFIELD AND RAILWAY PRESERVATION FOUNDATION 1 \ ;~"/-~ The unexpired three year term of Timothy Gubala, Economic Development Director, who has resigned to relocate. The current term will expire October 25, 2000. Mr. Hodge recommends that Pete Haislip, Parks and Recreation Director, be appointed to fill the unexpired term and ratification of Mr. Hodge's recommendation is on the Consent Agenda. 5. 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. 6. LEAGUE OF OLDER AMERICANS -ADVISORY COUNCIL The one-yearterm of Thelma Ihrig expired March 31, 1999. She has indicated that she does not wish to serve another term at this time. 7. LIBRARY BOARD The four yearterm of Mary A. Carswell, Windsor Hills District, expired 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. 8. SOUTHWEST DEVELOPMENT FINANCING. INC. The two year term of Brian T. Hamilton, Economic Development Department, will expire January 12, 2000. Mr. Hodge recommends that Mr. Hamilton be reappointed, and his recommendation is on the Consent Agenda for ratification. 9. VIRGINIA'S FIRST REGIONAL INDUSTRIAL FACILITY AUTHORITY The unexpired four year term of Timothy Gubala, Economic Development Director, who has resigned to relocate. The current term will expire September 24, 2002. Mr. Hodge recommends that David Porter, new Economic Development Director, be appointed to fill the unexpired term. Ratification of Mr. Hodge's recommendation is on the Consent Agenda. 2 ~ ~-~ SUBMITTED BY: APPROVED BY: Mary H. Allen, CMC/AAE Elmer C. Hodge Clerk to the Board County Administrator -------------------------------------------------------------------------------------------------------------------- ACTION VOTE No. Yes Abs Approved () Motion by: Church _ _ _ Denied () Johnson _ _ _ Received () McNamara- _ Referred () Minnix _ _ _ To () Nickens _ _ _ 3 .. ~~~~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JANUARY 25, 2000 RESOLUTION 012500-3 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM J -CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: That the certain section of the agenda of the Board of Supervisors for January 25, 2000, 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 8, inclusive, as follows: Confirmation and ratification of Committee Appointments to the Hanging Rock Battlefield Preservation Foundation, the Roanoke Valley Convention and Visitors Bureau Board of Directors, Southwest Development Financing, Inc., and Virginia's First Regional Industrial Facility Authority. 2. Resolution approving a revision of the previously approved Workforce Investment Area of the Roanoke Valley-Allegheny Regional Commission to include Franklin County, VA. 3. Resolution of support for consideration of passenger rail service to Historic Oak Ridge Estate Train Station in Nelson County, VA. 4. Revised Resolution of Appreciation upon the retirement of Kenneth Hogan, Parks and Recreation Department. 5. Request from Schools to appropriate $3,625 Virginia Commission of the Arts grant for the Artists-in-Education Residency Program. 6. Request from Schools to appropriate $279.51 reimbursement from Virginia Western Community College for the dual enrollment program. 7. Resolution of Appreciation upon the retirement of Frances B. Haggerty, I t Police Department. 8. Donation of storm drainage easement on property owned by Gary H. Wood and Shelly R. Wood (Tax Map No. 77.14-06-45) in the Cave Spring Magisterial District. 2. That the Clerk to the Board is hereby authorized and directed where required by law to set forth upon any of said items the separate vote tabulation for any such item pursuant to this resolution. On motion of Supervisor Nickens to adopt the Consent Resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Minnix, Church, Nickens, McNamara NAYS: None A COPY TESTE: . Q.~L'-L-C.~ Mary H. Allen, CMC/AAE Clerk to the Board of Supervisors cc: File Joseph Sgroi, Director, Human Resources Pete Haislip, Director, Parks & Recreation Lorraine S. Lange, Associate Director of Instruction Diane D. Hyatt, Director, Finance Dr. Linda Weber, School Superintendent Brenda Chastain, Clerk, School Board Ray Lavinder, Chief of Police Arnold Covey, Director, Community Development Gary Robertson, Director, Utility Paul M. Mahoney, County Attorney 2 t i A-012500-3 . a ACTION NO. ...•-~ ITEM NUMBER ~' `""~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: January 25, 2000 AGENDA ITEM: Confirmation of Committee appointment to the Roanoke Valley Convention and Visitors Bureau Board of Directors and Ratification of appointments to the Hanging Rock Battlefield and Railway Preservation Foundation, Southwest Development Financing, Inc., and Virginia's First Regional Industrial Authority COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION 1. Roanoke Valley/ Convention and Visitors Bureau Board of Directors Supervisor McNamara nominated Economic Development Director David Porter to fill the unexpired term of Timothy Gubala. The term will expire June 30, 2000. 2. Hanging Rock Battlefield and railway Preservation Foundation County Administrator Elmer Hodge has recommended that Parks and Recreation Director Pete Haislip fill the unexpired three-year term of Timothy Gubala. The term will expire October 25, 2000. 3. Southwest Virginia Financing, Inc. County Administrator Elmer Hodge has recommended that Brian T. Hamilton, Economic Development Specialist be reappointed to another two-year term which will expire January 12, 2002. 4. Virginia's First Regional Industrial Facility Authority County Administrator Elmer Hodge has recommended that Economic Development Director David Porter fill the unexpired four-year term of Timothy Gubala. The term will expire September 24, 2002. 1 7 r ~1 STAFF RECOMMENDATION: It is recommended that Supervisor McNamara's nomination be confirmed and Mr. Hodge's recommendations be ratified. Respectfully submitted, ~. Mary H. Allen, CMC/AAE Clerk to the Board ACTION Approved (x) Denied ( ) Received ( ) Referred ( ) To ( ) Approved by, Elmer C. H dge County Administrator Motion by: Harry C. Nickens to approve VOTE No Yes Abs Church _ x Harrison _ x _ McNamara_ x _ Minnix _ x _ Nickens x cc: File Roanoke Valley Convention and Visitors Bureau Board of Directors File Hanging Rock Battlefield and Railway Preservation Foundation File Southwest Virginia Financing, Inc. File Virginia's First Regional Industrial Facility Authority File 2 ,- AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JANUARY 25, 2000 RESOLUTION 012500-3.b ADDING FRANKLIN COUNTY TO THE REGIONAL WORKFORCE INVESTMENT ACT AND AUTHORIZING EXECUTION OF THE CONSORTIUM AGREEMENT AMONG THE PARTICIPATING JURISDICTIONS WHEREAS, the Congress of the United States adopted Public Law 105-220, the Workforce Investment Act, to replace the Job Training Partnership Act (JTPA); and WHEREAS, the purpose of this Act is to: streamline services through aOne-Stop service delivery system; empower individuals through information regarding and access to training resources; provide universal access to core services; increase system-wide accountability; ensure a strong partnership between local jurisdictions and their regional Workforce Investment Boards in developing the workforce investment system; facilitate state and local flexibility and improve youth programs; and WHEREAS, under Section 116 of the Workforce Investment Act, the Governor has designated workforce investment areas within the state to implement the provisions of this legislation; and WHEREAS, the Act and state regulations adopted by the Governor under the Act allow the jurisdictions within a workforce investment area to enter into a ""consortium agreement' to define their roles and relationships in administering their responsibilities under the Act; and WHEREAS, the Act requires the Chief Local Elected Official (County Board Chairperson) orhis/her designee to perform several duties which assure local government control over the Local Plan adopted by the Workforce Investment Area; and 1 r WHEREAS, the participating jurisdictions of this Workforce Investment Area must adopt a formal consortium agreement for filing with the Governor. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of the County of Roanoke, Virginia, that the Board Chairperson be, and hereby is, authorized to execute the Consortium Agreement among the jurisdictions that constitute the Fifth District Employment and Training Consortium workforce investment area under the Workforce Investment Act (P. L. 105- 220). On motion of Supervisor Nickens to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Minnix, Church, Nickens, McNamara NAYS: None A COPY TESTE: ~• Mary H. Allen, CMC/AAE Clerk to the Board of Supervisors cc: File Joe Sgroi, Director, Human Resources Vickie Price, Director, 5PDC Employment and Training Consortium Wayne Strickland, Executive Director, Fifth Planning District Commission Participating Localities: Alleghany County Administrator Botetourt County Administrator Craig County Administrator Clifton Forge City Manager Salem City Manager Roanoke City Manager Franklin County Administrator 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: January 25, 2000 AGENDA ITEM: Resolution approving a revision of the previously approved Workforce Investment Area of the Fifth Planning District to include Franklin County, VA. COUNTY ADMINISTRATOR'S COMMENTS: G~c.cvm~~''~C BACKGROUND: Earlier this Fall, the Roanoke County Board of Supervisors along with the other eight jurisdictions' Boards of Supervisors and City Councils which make up the Fifth Planning District voted to remain a part of the Fifth District Employment and Training Consortium (FDETC). The resulting request for designation as a workforce investment area under the Workforce Investment Act was forwarded to the Virginia Workforce Council for their review and approval. During the same time frame, the Franklin County Board of Supervisors was considering its options for regional alignment. After considering issues that included existing economic development alliances and worker commuter patterns, the Franklin County Board of Supervisors voted to seek membership in the Fifth District Consortium. This request was submitted to both the FDETC Policy Board and the Virginia Workforce Council for consideration. Both bodies voted to grant the request of Franklin County. The mission statement of the Fifth District Employment and Training Consortium (FDETC) is to provide an effective workforce development system which produces well-trained, highly skilled workers; promotes a good quality of life for individuals and families; and enhances regional economic growth. Each year the FDETC provides afull-range of workforce development services designed to assist both employers and job seekers. These services range from the profiling of occupational skill requirements to the provision of career counseling supplemented by tuition-assistance and related services including job readiness. Federally funded workforce development programs are usually overhauled every ten to fifteen years. Previous system changes included the conversion from Manpower Development Training Act (MDTA) to the Comprehensive Employment and Training Act (CETA), then the transition from CETA to the Job Training Partnership Act (JTPA). Legislation passed in August 1998 requires the closeout of the Job Training Partnership Act and implementation of the new Workforce Investment Act by no later than July 1, 2000. ~./-,. There are 14 regional partnerships or service delivery areas (SDAs) in Virginia which receive and administer Job Training Partnership Act funds in accordance with federal regulations, state policies and local priorities. The Fifth District Employment and Training Consortium is one of these 14 SDAs, having served the four city and four county area known as the Fifth Planning District for over 25 years. Joe Sgroi, Director of Human Resources, serves on the FDETC Policy Board as Roanoke County's Representative. SUMMARY OF INFORMATION: A Consortium agreement governs the existing alliance among the eight jurisdictions, which compromise the Fifth Planning District, under JTPA. Therefor, the Roanoke County Board of Supervisors along with the governing bodies of the other eight jurisdictions must approve the addition of Franklin County and the legislative changes, dissolving JTPA and implementing the Workforce Investment Act. FISCAL IMPACT: None, based upon past performance and history of the FDETC. STAFF RECOMMENDATION: Staff recommends approval of revising the previously approved Workforce Investment Area to include Franklin County contingent upon approval by the other localities in the Fifth Planning District. Submitted by, Approved by, ~/t seph J. Sgr i Elmer C. Hodge Director of Human Resources County Administrator ACTION Approved ( ) Denied ( ) Received ( ) Referred ( ) To ( ) Motion by: Johnson Church McNamara Minnix Nickens 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, JANUARY 25, 2000 RESOLUTION ADDING FRANKLIN COUNTY TO THE REGIONAL WORKFORCE INVESTMENT ACT AND AUTHORIZING EXECUTION OF THE CONSORTIUM AGREEMENT AMONG THE PARTICIPATING JURISDICTIONS WHEREAS, the Congress of the United States adopted Public Law 105-220, the Workforce Investment Act, to replace the Job Training Partnership Act (JTPA); and WHEREAS, the purpose of this Act is to: streamline services through aOne-Stop service delivery system; empower individuals through information regarding and access to training resources; provide universal access to core services; increase system-wide accountability; ensure a strong partnership between local jurisdictions and their regional Workforce Investment Boards in developing the workforce investment system; facilitate state and local flexibility and improve youth programs; and WHEREAS, under Section 116 of the Workforce Investment Act, the Governor has designated workforce investment areas within the state to implement the provisions of this legislation; and WHEREAS, the Act and state regulations adopted by the Governor under the Act allow the jurisdictions within a workforce investment area to enter into a ""consortium agreement' to define their roles and relationships in administering their responsibilities under the Act; and WHEREAS, the Act requires the Chief Local Elected Official (County Board Chairperson) or his/her designee to perform several duties which assure local government control over the Local Plan adopted by the Workforce Investment Area; ~` and WHEREAS, the participating jurisdictions of this Workforce Investment Area must adopt a formal consortium agreement for filing with the Governor. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of the County of Roanoke, Virginia, that the Board Chairperson be, and hereby is, authorized to execute the Consortium Agreement among the jurisdictions that constitute the Fifth District Employment and Training Consortium workforce investment area under the Workforce Investment Act (P. L. 105- 220). Administrative Offices: 310 West Campbell Avenue Second Floor Roanoke, Virginia 24016 Phone: (540) 853-2520 Fax: (540) 853-1447 e-mail: staffC~fdetc.org www.fdetc.org December 30, 1999 Mr. Elmer Hodge County Administrator County of Roanoke P. O. Box 29800 Roanoke, VA 24018 Dear Mr. Hodge 1 ~. Glenn D. Radcliffe Policy Board Chairperson William F. Jones, Jr. Private Industry Council Chairperson Vickie L. Price Executive Director ~f ., ~,~- , As you are aware, the Commonwealth of Virginia will make the transition from the Job Training Partnership Act (JTPA) to the Workforce Investment Act on July 1, 2000. In preparation for this change in the workforce development system, each area of the state was asked to review its regional alignment under JTPA to determine whether to maintain their existing alliances or to make modifications. Earlier this Fall, the Boards of Supervisors and City Councils of the eight jurisdictions which make up the Fifth Planning District voted to remain a part of the Fifth District Employment and Training Consortium (FDETC). The resulting request for designation as a workforce investment area under the Workforce Investment Act was forwarded to the Virginia Workforce Council for their review and approval. During this same timeframe, the Franklin County Board of Supervisors was considering its options for regional alignment. After considering issues that included existing economic development alliances and worker commuter patterns, the Board of Supervisors voted to seek membership in the Fifth District Consortium. This request was submitted to both the FDETC Policy Board and the Virginia Workforce Council for consideration. Both bodies voted to grant the request of Franklin County. A Consortium agreement governs the existing alliance among the eight jurisdictions which comprise the Fifth Planning District, under JTPA. This letter is written to make you aware, and to request your assistance in informing the Board of Supervisors, of the need to revise this document. FIFTH DISTRICT EMPLOYMENT AND TRAINING CONSORTIUM "TRAINING TOMORROW'S WORKFORCE TODAY" Cities of Roanoke, Clifton Forge, Covington, Salem ~ Counties ofAlleghany, Botetourt, Craig and Roanoke An Equal Opportunity Employer/Program .~ Mr. Elmer Hodge December 30, 1999 Page 2 ~-~ The agreement should be reviewed and modified to reflect the addition tyf Franklin County and the legislative changes, dissolving JTPA and implementing the Workforce Investment Act (WIA). (The initial draft of this modification will be reviewed by the FDETC Policy Board at its January meeting.) While the state Workforce Council has not set a specific deadline for the establishment of regional Consortium agreements, such documents should be in place by no later than March 2000 when regional workforce development plans must be submitted for consideration and inclusion in the state WIA plan. We are requesting that the Board of Supervisors consider authorizing the execution of a joint agreement between the jurisdictions of this workforce investment area, by no later than March 10, 2000. Such action will ensure that the revised document complies with the Workforce Investment Act. (A sample resolution is attached). Ms. Vickie Price serves as Executive Director for the Consortium. She would be happy to meet with you and/or other representatives at a mutually convenient time to provide you with an overview of the proposed modifications to the agreement, the administrative agency and our efforts to prepare for WIA implementation. You may reach Ms. Price at (540) 853- 1614. We look forward to working with you to ensure that the comprehensive workforce development needs of the region's citizens and businesses are addressed. Sincerely, Glenn D. Radcliffe Vickie L. Price Chair -Policy Board Executive Director xc: Joe Sgroi, Director of Human Resources FDETC Policy Board _~ ..~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JANUARY 25, 2000 RESOLUTION 012500-3.c SUPPORTING CONSIDERATION OF PASSENGER RAIL SERVICE TO HISTORIC OAK RIDGE ESTATE TRAIN STATION IN NELSON COUNTY, VIRGINIA WHEREAS, the feasibility of expanded passenger rail service from the Washington D.C. and Richmond, Virginia areas to Bristol Virginia has been studied and documented by the Virginia Department of Rail and Public Transportation; and, WHEREAS, local and statewide support is being established forthe proposed Bristol Passenger Rail Service, or TransDominion Express; and, WHEREAS, the VDRPT study did not identify or recommend the location of a passenger station in Nelson County to be served by the TransDominion Express; and, WHEREAS, the passenger station located at the historic Oak Ridge Estate, is an ideal location for inclusion as a destination stop of the TransDominion Express; and, WHEREAS, service to Nelson County via the historic Oak Ridge Train Station could lead to economic, tourism, environmental and other social benefits for Nelson County and its citizens; and, WHEREAS, on October 12, 1999 the Nelson County Board of Supervisors adopted a resolution in support of the proposed expanded passenger rail service project; and, WHEREAS, the Nelson County Board of Supervisors recognizes the importance and is unanimously supportive of the establishment of the historic Oak Ridge Train Station as a destination stop of the TransDominion Express; NOW, THEREFORE, BE IT RESOLVED that the Roanoke County Board of Supervisors hereby supports consideration of the historic Oak Ridge Train Station as a possible destination stop of the proposed Bristol Passenger Rail Service project, or TransDominion Express; and BE IT FURTHER RESOLVED, that the Roanoke County Board of Supervisors hereby encourages and requests the implementation of the Bristol Passenger Rail Service project by the Commonwealth of Virginia, including consideration of historic Oak Ridge Train Station as a potential depot for the rail passenger service. On motion of Supervisor Nickens to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Minnix, Church, Nickens, McNamara NAYS: None A COPY TESTE: /~ Mary H. Allen, CMC/AAE Clerk to the Board of Supervisors cc: File Stephen A. Carter, Nelson County Administrator Members, Nelson County Board of Supervisors Alan C. Tobias, Rail Operations and Passenger Section ,Virginia Department of Rail and Public Transportation 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: January 25, 2000 AGENDA ITEM: Resolution of support for consideration of passenger rail service to Historic Oak Ridge Estate Train Station in Nelson County, Virginia COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The Nelson County Board of Supervisors has requested that the Roanoke County Board of Supervisors adopt a resolution supporting their request that the historic Oak Ridge Estate Train Station in Nelson County be designated as one of the train stations of the proposed passenger rail project for service from Richmond and Washington, DC to Bristol. This is consistent with other efforts by the cities of Lynchburg and Roanoke to get rail passenger service in the area. We have previously supported similar requests. Attached is a copy of a letter from County Administrator Stephen A Carter to the Virginia Department of Rail and Public Transportation that outlines their reasons for requesting this designation. STAFF RECOMMENDATION: It is recommended that the Board of Supervisors adopt the attached resolution which supports consideration of the Oak Ridge Estate Train Station in Nelson County as a potential train station for the project, and forward copies to the Nelson County Board of Supervisors and the Virginia Department of Rail and Public Transportation. Respectfully Submitted Elmer C. H dge'` County Administrator ~- 3 --------------------------------------------------------------------------------------------------------------------- ACTION VOTE Approved ( ) Denied ( ) Received ( ) Referred ( ) To ( ) Motion by: No. Yes Abs Church _ _ Johnson McNamara- _ _ Minnix _ _ _ Nickens _ _ _ S 3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JANUARY 25, 2000 RESOLUTION SUPPORTING CONSIDERATION OF PASSENGER RAIL SERVICE TO HISTORIC OAK RIDGE ESTATE TRAIN STATION IN NELSON COUNTY, VIRGINIA WHEREAS, the feasibility of expanded passenger rail service from the Washington D.C. and Richmond, Virginia areas to Bristol Virginia has been studied and documented by the Virginia Department of Rail and Public Transportation; and, WHEREAS, local and statewide support is being established for the proposed Bristol Passenger Rail Service, or TransDominion Express; and, WHEREAS, the VDRPT study did not identify or recommend the location of a passenger station in Nelson County to be served by the TransDominion Express; and, WHEREAS, the passenger station located at the historic Oak Ridge Estate, is an ideal location for inclusion as a destination stop of the TransDominion Express; and, WHEREAS, service to Nelson County via the historic Oak Ridge Train Station could lead to economic, tourism, environmental and other social benefits for Nelson County and its citizens; and, WHEREAS, on October 12, 1999 the Nelson County Board of Supervisors adopted a resolution in support of the proposed expanded passenger rail service project; and, WHEREAS, the Nelson County Board of Supervisors recognizes the importance and is unanimously supportive of the establishment of the historic Oak Ridge Train Station as a destination stop of the TransDominion Express; NOW, THEREFORE, BE IT RESOLVED that the Roanoke County Board of Supervisors hereby supports consideration of the historic Oak Ridge Train Station as a possible destination stop of the proposed Bristol Passenger Rail Service project, or TransDominion Express; BE IT FURTHER RESOLVED, that the Roanoke County Board of Supervisors hereby encourages and requests the implementation of the Bristol Passenger Rail Service project by the Commonwealth of Virginia, including consideration of historic Oak Ridge Train Station as a potential depot for the rail passenger service. S3 BOARDOF SUPERVISORS GARY E. WOOD East District SAMUEL C. DeLAURA, JR West District THOMAS D. HARVEY North District STEPHEN A. CARTER Administrator VIRGIE A. CARTER, CMC Administrative Assistant/ Deputy Clerk ELLA W. BROWNING Administrative Assistant/ Finance Officer HARRY S. HARRIS South District 3 December, 1999 Re: Passenger Rail Service to Oak ?edge Train Starou in Nelsen C',ounty; CIA Dear Friend of Passenger Rail Service: Please find enclosed copies of a resolution adopted by the Nelson County Board of Supervisors and a letter to Mr. Alan C. Tobias of the state Department of Rail and Public Transportation. The resolution and correspondence endeavor to have the historic Oak Ridge Estate Train Station in Nelson County designated as one of the train stations of the proposed passenger rail project for service from Richmond and Washington DC to Bristol. Knowing of your community's interest in the passenger rail project, it is requested that yeu support Nelson County's initiative and seek state authorization of the project during the 2G00 General Assembly Session. Please contact this office should you require additional information concerning this subject. Your consideration, assistance and cooperation are sincerely appreciated. Respectfully, ~.c~~~ ~~ C~~.~._r Stephen A. Carter County Administrator Cc: Attached Mailing Listing Enclosure: P. O. Box 336 • Lovingston, Virginia 22949 • (804) 263-4873 • Fax (804) 263-4135 4»i' 60AROOF SUPERVISORS GARY E. W000 East Oistrict SAMUEL C. DeI.AURA, JR. West Oistrict THOMAS D. HARVEY NortA District HARRY S. HARRIS SouN District 3 December, 1999 Mr. Alan C. Tobias, Rail Operations and Passenger Section Virginia Department of Rail and Public Transportation 1401 East Broad Street Richmond, VA 23219 STEPHEN A. CARTER Aomnotn[or VIRGIE A. CARTER, CMC Aflministrative Assistant! DeputyC:erk ELLA W. BROWNING Aoministrative Assistant/ FnarxeOfficer Re: Passenger Rail Service to Historic Oak Ridge Train Station Dear Mr. Tobias: The Nelson County Board of Supervisors herewith respectfully submits the enclosed resolution, which seeks to have the train station located at the historic Oak Ridge Estate in Nelson County designated as a destination stop for the proposed passenger rail service initiative from Richmond and Washington DC to Bristol, Virginia. Including the train station at Oak Ridge as one of the destination stops of the proposed passenger service is of critical importance to Nelson County. Tourism is Nelson County's primary industry and is a key component in Nelson County's efforts to expand and diversify its local economy. An operating rail station at Oak Ridge will enable Nelson County to increase its market share of tourism related .business and investments, which in turn will also create opportunities for new business and investments to be made in Nelson County and Central Virginia. Why Oak Ridge? Amtrak's current passenger service connections utilize Norfolk Southern's tracks, which are adjacent to Oak Ridge. The tracks adjoining the Oak Ridge station are double tracks, which will enable the establishment of passenger service to Nelson County without a significant investment in infrastructure to do so. The existing train station at Oak Ridge is in excellent condition. In 1993 and 1994 the Oak Ridge station was one of the destination points of the National Railway Historical Society's steam rail excursion program. During these excursions approximately 900 passengers safely disembarked and re-boazded at Oak Ridge. The station is within two miles of Route 29, a major north-south highway comdor, which affords easy access to Nelson County and Central Virginia. Oak Ridge Estate with its 5,000 acres and diversity of historical assets, including the train station, is increasingly becoming a tourism destination, as evidenced by this summer's Camp Jeep event sponsored by Daimler-Chrysler Corporation. Camp Jeep brought 9,000 visitors to Nelson County and resulted in an investment of approximately two and one-half million dollars in the economies of Nelson County and Central Virginia. In addition to Oak Ridge Estate, which is in its initial phase(s) of redevelopment, P. O. Box 336 • Lovingston, Virginia 22949 • (804) 263-4873 • Fax (804) 263-4135 .. • ~"'" Wintergreen, a nationally recognized resort community and a key to Nelson County's economy, will benefit from passenger service to Nelson County via Oak Ridge. These are but two of the many examples in Nelson County and Central Virginia that will support passenger service to Oak Ridge and in turn be supported by it. Another important consideration is that passenger service to Nelson County at Oak Ridge strengthens the viability and sustainability of the passenger service initiative proposed by the Department of Rail and Public Transportation pursuant to its 1994 feasibility study of this subject. As first steps towards this effort, County staff have met with representatives from Oak Ridge Estate and Wintergreen Resort to discuss preliminary planning and need assessments in relation to the commencement of rail service to Nelson County via Oak Ridge's train station. All those participating in the strategy session agreed that passenger service to Oak Ridge is viable and is an immediate objective to be pursued and obtained. Also, letters/documentation in support of this initiative have been requested (those received are enclosed herein). Further, County staff have contacted state legislators to seek their support for both the passenger service project and an Oak Ridge train station. And, the Thomas Jefferson Planning I}istrict Commission, which Nelson County is a member jurisdiction, has included the passenger rail service project with stops at Oak Ridge within its Legislative Program for the 2000 General Assembly Session. Lastly, County staffwill continue to monitor and pursue the project, including assistance, as may be required, with the legislation necessary to authorize and' fund the projects. In conclusion, the local government of .Nelson County is entirely supportive of passenger rail service between Bristol and both Richmond and Washington DC. And, of foremost importance, the County is in utmost support of establishing the Oak Ridge Train Station as an important link in the proposed passenger rail service. It is Nelson County's request that the Department of Rail and Public Transportation continue to seek the approval of the proposed initiative and to incorporate a Nelson County destination through the addition of the Oak Ridge Train Station. Please do not hesitate to contact this office for further information or for assistance. Any advice or information that the Department can provide conducive to Nelson County's proposal would be greatly appreciated. Thank you for your review of this submission and your continued assistance and cooperation. Respectfully, Stephen A. Carter County Administrator Cc: Board of Supervisors Attached Listing Y y ~~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JANUARY 25, 2000 RESOLUTION 012500-3.d 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 a Dog Warden, and has also served as Chief Animal Control Officer; 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 to the County; and WHEREAS, while working in Animal Control, Mr. Hogan served as President of the Virginia Animal Control Association for 11 years; was instrumental in establishing state training standards for animal control officers throughout Virginia; and in 1991, was chosen National Animal Control Officer of the Year by the National Animal Control Association; and WHEREAS, in his position in Parks and Recreation, 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 was committed to the success of all County special events, programs, and construction projects; and WHEREAS, Mr. Hogan, through his employment with Roanoke County, has been instrumental in improving the quality of life for its citizens. 1 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 Nickens to adopt the resolution, and carried by the following recorded vote: AYES NAYS Supervisors Johnson, Minnix, Church, Nickens, McNamara None A COPY TESTE: cc: ~v~ Mary H. Allen, CMC/AAE Clerk to the Board of Supervisors File Resolutions of Appreciation File Joseph Sgroi, Director, Human Resources Pete Haislip, Director, Parks & Recreation 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: January 25, 2000 AGENDA ITEM: Revised Resolution of Appreciation upon the retirement of Kenneth L, Hogan, Parks & Recreation Department COUNTY ADMINISTRATOR'S COMMENTS: ~.M!-u`e~ p~ SUMMARY OF INFORMATION: Following adoption of the resolution of appreciation for Kenneth Hogan on December 21, 1999, additional information was provided to the staff that more accurately reflects the job titles and many activities that Mr. Hogan was involved in while employed with Roanoke County, especially during his many years in Animal Control. Because the changes were substantial, the attached revised resolution should be adopted. STAFF RECOMMENDATION: Staff recommends that the attached resolution be adopted and forwarded to Mr. Hogan to replace the one adopted on December 21, 1999 Respectfully Submitted by: Approved by: Mary H. Allen, CMC/AAE Elmer C. Hodge Clerk to the Board County Administrator ACTION VOTE No. Yes Abs Approved () Motion by: Church _ _ Denied () Johnson _ Received () McNamara- Referred () Minnix To () Nickens _ r ~ ~ +~. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JANUARY 25, 2000 RESOLUTION 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 Roanoke County on June 1, 1969, as a Dog Warden, and also served as Chief Animal Control Officer; 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 to the County; and WHEREAS, while working in Animal Control, Mr. Hogan served as President of the Virginia Animal Control Association for 11 years; was instrumental in establishing state training standards for animal control officers throughout Virginia; and in 1991, was chosen National Animal Control Officer of the Year by the National Animal Control Association; and WHEREAS, in his position in Parks and Recreation, 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 was committed to the success of all County special events, programs, and construction projects; and WHEREAS, Mr. Hogan, through his employment with Roanoke County, has been instrumental in improving the quality of life for its citizens. 1 ~~ 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. 2 A-012500-3 . e ACTION # ITEM NUMBER .~'~ MEETING DATE : January 25, 2000 AGENDA ITEM : Request for appropriation of $3,625 for the Artists-in-Education Residency Program COUNTY ADMINISTRATOR'S COMMENTS : ~~~~.H,,,.y~v,,.,~ BACKGROUND: Nancy Ruth Patterson, published author, will work in the five secondary schools as a writer-in- residence. She will work with core groups of students who express an interest in writing and publishing. The Virginia Commission of the Arts provided $3,625 through a grant. SUMMARY OF INFORMATION: Roanoke County Schools received $3,625 from the Virginia Commission for the Arts to employ Nancy Ruth Patterson as awriter-in-residence in the secondary schools. FISCAL IMPACT: none STAFF RECOMMENDATION: Staff recommends appropriating $3,625.00 for the Artist-in-Education Residency Program Budget Code 787020 - VCA Elementary English ~ ~~ Lorraine S. Lange Elmer C. Hodge Associate Director of Instruction County Administrator ACTION Approved (x) Denied ( ) Received ( ) Referred ( ) To ( ) Motion by: Harry C. Nickens to approve cc: File Lorraine S. Lange, Associate Director of Instruction Diane D. Hyatt, Director, Finance Dr. Linda Weber, School Superintendent Brenda Chastain, Clerk, School Board VOTE No Yes Abs Church _ x Harrison _ x _ McNamara- x Minnix _ x _ Nickens x A-012500-3.f ACTION # ITEM NUMBER ~' MEETING DATE : January 25, 2000 AGENDA ITEM : Appropriation of $279.51 reimbursement from Virginia Western Community College to the Dual Enrollment Program. C'nT7NTY ADMINISTRATOR'S COMMENTS: BACKGROUND: Roanoke County Schools and Virginia Western Community College have an agreement whereby the college provides college level courses in English, US History, and certain vocational subjects. These courses are taught by Roanoke County teachers who meet the college's criteria for adjunct professors. Monies that have been collected exceed the expenses; therefore, there is a request for these additional funds to be appropriated for inservice and materials that will be used in the program. SUMMARY OF INFORMATION: Roanoke County Schools added three students to the dual enrollment count for first semester. VWCC reimbursed Roanoke County Schools $279.51 for services rendered. FISCAL IMPACT: Roanoke County Schools requests that $279.51 use in the dual enrollment program. be appropriated to the instructional program for STAFF RECOMMENDATION: Staff recommends appropriating $279.51 for dual enrollment Budget Code 0002500515 _ ' ' ~~2 r. Lorraine S. Lange Elmer C. Hodge Associate Director of Instruction County Administrator ACTION VOTE No Yes Abs Approved (x) Motion by: Harry C. Nickens to approve Church _ x _ Denied () Harrison _ x Received () McNamara- x Referred () Minnix _ x _ To O Nickens _ x cc: File Lorraine S. Lange, Associate Director of Instruction Diane D. Hyatt, Director, Finance Dr. Linda Weber, School Superintendent Brenda Chastain, Clerk, School Board ~_- ~..M. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JANUARY 25, 2000 RESOLUTION 012500-3.g EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY UPON THE RETIREMENT OF FRANCES B. HAGGERTY, POLICE DEPARTMENT WHEREAS, Frances B. Haggerty was first employed by Roanoke County on July 1, 1975, and has held the positions of Deputy, and Police Officer -Criminal Investigator; and WHEREAS, Sergeant Haggerty was the first female officer to patrol the streets of Roanoke County, and the skills and abilities that she demonstrated paved the way for many others of her gender to follow in her footsteps; and WHEREAS, Sergeant Haggerty was the County's first Polygraph (lie detector) examiner and was noted for her skill and ability to use this instrument; and WHEREAS, Sergeant Haggerty served as a detective for almost twenty years, and was recognized for her ability to talk to persons who had committed crimes in such a professional mannerthat in many cases the investigation was resolved almost immediately; and WHEREAS, Sergeant Haggerty retired from Roanoke County on January 1, 2000, as a Police Officer -Sergeant, after more than twenty four years of service; and WHEREAS, Sergeant Haggerty, through her employment with Roanoke County, has been instrumental in improving the quality of life for its citizens. 1 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 FRANCES B. HAGGERTY for over twenty-four 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 Nickens to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Minnix, Church, Nickens, McNamara NAYS: None A COPY TESTE: Mary H. Allen, CMC/AAE 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: January 25, 2000 AGENDA ITEM: Request for approval of resolution of appreciation upon the retirement of Frances B. Haggerty, Police Department COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The Human Resources Department has notified us that Sergeant Frances B. Haggerty of the Police Department retired on January 1, 2000. She was invited to attend a Board meeting to receive a resolution of appreciation, but has requested that her resolution be mailed. It is recommended that the Board approve the attached resolution and direct the Deputy Clerk to mail it to Ms. Haggerty with thanks from the Board members for her years of service to the County. Respectfully submitted, Approved by, Brenda J. olton, CMC Elmer C. Hodge Deputy Clerk County Administrator ACTION VOTE No Yes Abs Approved () Motion by: Church _ _ _ Denied () Johnson _ _ Received () McNamara- _ _ Referred () Minnix _ _ _ To () Nickens _ _ _ t" J 7 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JANUARY 25, 2000 RESOLUTION EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY UPON THE RETIREMENT OF FRANCES B. HAGGERTY, POLICE DEPARTMENT WHEREAS, Frances B. Haggerty was first employed by Roanoke County on July 1, 1975, and has held the positions of Deputy, and Police Officer -Criminal Investigator; and WHEREAS, Sergeant Haggerty was the first female officer to patrol the streets of Roanoke County, and the skills and abilities that she demonstrated paved the way for many others of her gender to follow in her footsteps; and WHEREAS, Sergeant Haggerty was the County's first Polygraph (lie detector) examiner and was noted for her skill and ability to use this instrument; and WHEREAS, Sergeant Haggerty served as a detective for almost twenty years, and was recognized for her ability to talk to persons who had committed crimes in such a professional mannerthat in many cases the investigation was resolved almost immediately; and WHEREAS, Sergeant Haggerty retired from Roanoke County on January 1, 2000, as a Police Officer -Sergeant, after more than twenty four years of service; and WHEREAS, Sergeant Haggerty, through her employment with Roanoke County, has been instrumental in improving the quality of life for its citizens. 1 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 FRANCES B. HAGGERTY for over twenty-four 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. 2 ,~ ACTION NO. ITEM NO. A-012500-3 . h ~~- e'~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: January 25, 2000 AGENDA ITEM: DONATION OF STORM DRAINAGE EASEMENT ON PROPERTY OWNED BY GARY H. WOOD AND SHELLY R. WOOD (TAX MAP NO. 77.14-06-45) IN THE CAVE SPRING MAGISTERIAL DISTRICT TO THE BOARD OF SUPERVISORS OF ROANOKE COUNTY. rOUNTY ADMINISTRATOR'S COMMENTS: This consent agenda item involves acceptance of the following easement conveyed to the Board of Supervisors for storm drainage purposes in connection with Drainage Project P-245, Poplar Drive, Castle Hill Subdivision, Cave Spring Magisterial District of the County of Roanoke: a) Donation of storm drainage easement, of variable width, from Gary H. Wood and Shelly R. Wood, property owner, (Tax Map No. 77.14-06-45) as shown on the map attached hereto (Exhibit "A"). The County's engineering staff has reviewed and approved the location and dimension of this easement. Staff recommends acceptance of these easement. ~/ S!d$MITTED BY: APPROVED BY: o ~ ~ Arnold Covey, Di for Elmer C. Hodge Department of Community D elopment County Administrator ACTION VOTE No Yes Abs Approved (x) Motion by: Harry C. Nickens to approve Church _ x Denied () Harrison _ x _ Received () McNamara- x Referred () Minnix _ x _ To () Nickens _ x _ cc: File Arnold Covey, Director, Community Development Gary Robertson, Director, Utility Paul M. Mahoney, County Attorney 2 Exemption Claimed: Grantee is exempted from recordation taxes and fees pursuant to ~ 58.1-811A(3), Code of Virginia. W I T N E S S E T H That for and in consideration of the sum of One Dollar Prepared by Martin, Hopkins & Lemon P. O. Box 13366 Roanoke, Virginia 24033 Tax Map No.: 77.14-06-45 Property Owners: Gary H. Wood and Shelly R. Wood THIS DEED OF EASEMENT, made this day of by and between GARY H. WOOD AN1~ SHELLY R. WOOD, husband and wife ( "Grantor" ) and the BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA ("Grantee"). ($1.00), paid in hand at and with the execution and delivery of this Deed of Easement, and other good and valuable consideration, the receipt, adequacy and sufficiency of which is hereby acknowledged, the Grantor does hereby GRANT and CONVEY with General Warranty and Modern English Covenants of Title unto the Grantee, its successors and assigns, the following described easement, to-wit: A perpetual RIGHT and EASEMENT, 5 feet in width, to construct, operate, maintain, inspect and repair or replace a drainage system and related improvements including slope(s), if applicable, together with the right of ingress and egress thereto from a public road, upon, over, under, and across a tract or parcel of land belonging to the Grantor, acquired by deed dated May 27, 1998, and recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Deed Book 1580, page 143, and designated on the Roanoke County Land Records as Tax Map No. 77.14-06-45 (the "Property") The location of said easement is more particularly described on the plat attached hereto as "Exhibit A" and by this reference made a part hereof (the "Plat"). Martin, II Hopkins & Lemon, P. C. 1 ~+ The Grantee agrees to restore and repair any actual damage to Grantor's Property which may be directly caused by the construction, reconstruction, or maintenance of said project except as hereinafter provided. The Grantor agrees that the Grantee will not be expected to restore the Property to the identical original condition, but rather as near thereto as is practicable, and that the Grantor will cooperate with the Grantee in effectuating such restoration. ,~ It is expressly agreed between the parties hereto that the Grantee and its agents shall have the right to inspect the easement herein granted and to cut, clear, and remove all undergrowth, obstructions, or improvements lying within, upon, or adjacent to said easement, that in any way endanger or interfere with the proper use of the same. The Grantor covenants that no building or structure shall be erected upon or within the easement herein granted or placed in such location as to render said easement inaccessible. In the event that this covenant is violated, the Grantee shall not be obligated to repair., replace, or otherwise be responsible for such improvements if damaged or removed. The Grantor acknowledges that the plans for the aforesaid project as they affect the Property have been fully explained to Grantor or Grantor's authorized representative. The fixtures, facilities, lines, utilities, and any other improvements placed upon, under, or across the Property by the Grantee shall remain the property of the Grantee. The easement Martin, II Hopkins & Lemon, P.C. 2 `r ' Martin, Hopkins & Lemon, P.C. herein granted is in addition to, and not in lieu of, any easement or right-of-way now in existence or which may be acquired in the future. The Grantor covenants and agrees for themselves, and for their heirs, successors, successors in title, executors, legal representatives and assigns that the consideration aforementioned and the covenants herein shall be in lieu of any and all claims to ,compensation and damages by reason of the location, construction, operation, maintenance, or reconstruction of or within the easement herein granted. The grant and provision of this Deed of Easement shall constitute a covenant running with the land for the benefit of the Grantee, its successors and assigns forever. To have and to hold unto the Grantee, its successors and assigns forever. Elmer C. Hodge, County Administrator of Roanoke County, Virginia, hereby joins in the execution of this instrument to signify the acceptance by said Board of Supervisors of the real estate conveyed herein pursuant to Ordinance No. adopted by the Board of Supervisors of Roanoke County, Virginia, on the day of 199 WITNESS the following signatures and seals: GRANTOR: f ~~, ~~~-~--- ( SEAL ) GARY H. W OD y ,~:,Ll..''~--~^•~~' ~~~-- 1_ ~,.~:: ~ ~ SEAL ) SHELL~Y~~. WOOD 3 .~~-- ~' S~OF COUNT /CITY OF to-wit: The foregoing instrument was acknowledged before me this day of ~~ by Gary H. wood. Notary Public My commission expires: ~1..~~ Notary Public STATE OF OUNT /CI to-wit: n~T,he foregoing instrument was acknowledged bef re me this ('-" day of cQ o U~ U by ShellEy R. Wood. N ary Public My commission expires: Approved as to form: BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA By: Martin, Hopkins & Lemon, P.C. Elmer C. Hodge STATE OF VIRGINIA, COUNTY/CITY OF ROANOKE, to-wit: cs~~ The foregoing instrument was acknowledged before me this day o f by Elmer C. Hodge, County Administrator, on behalf of the Board of Supervisors of Roanoke County, Virginia. My commission expires: Martin, II Hopkins & Lemon, P.C. 4 2-04~ -1995 8 : 15PM FROM -~° P. 2 .~~ ~/'~ • lilETES AND BOUNDS DESCRIPTIONS SHOWN ON THIS PLAT REPRESENT A C0~lPOSITE OF DEEDS, PLATS, AND CALCULATED INFOR~IlATION AND DO NOT REFLECT AN ACCURATE BOUNDARY SURV,E'Y. ~r ~O~ ~ ~ 75' 5'• NEW DRAINAGE EASEMENT-. N ETG ;n pp 10' D. E. a ~ ~~ ~ (V '" z Tax Map NO 77.14-6-48 Lat ~~? Property of Gary H. & Shelly R. Wood Tax Map NO 77.14-6-45 Laf 21 .3'~ ~c3 75' N87.41'S2'W PQPLAR DR W r N ~ ~ . . 0~0 N ~ N N Tax Map NO 77.14-8--44 Loc` .?U TAX ~#!AP N0._~ 77.146-45 SCALE' : _. 1'x50' _ PLAT SHOWING NEW DRAINAGE EASEMENT ~+ ,~ BEING CONVEYED TQ ROANOKE COUNTY A BY GARY H & SHELLY R, WQOD PREPARED BY.• ROANOKE COUNTY ENGINEERING DEP~iRTalENT D.dTE: 07;19-99 GENERAL FUND UNAPPROPRIATED BALANCE COUNTY OF ROANOKE, VIRGINIA /~~- of General Amount Fund Revenues Unaudited Beginning Balance at July 1, 1999 $6,750,027 5.94% Results of Operations for 1998-99 1,058,946 Audited Beginning Balance at July 1, 1999 7,808,973 Oct 12, 1999 Consultant for regional refuse collection study (17,558) Balance at January 25, 2000 $7,791,415 6.85% Changes below this line are for information and planning purposes only. Balance from above $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, ~~~.~~ Diane D. Hyatt Director of Finance Approved By, ~~~~ Elmer C. Hodge County Administrator M:\Finance\Common\B oard\Gen99. WK4 ~" CAPITAL FUND UNAPPROPRIATED BALANCE COUNTY OF ROANOKE, VIRGINIA Amount Balance from June 22, 1999 Board meeting Dixie Caverns Recovery Sale of land and equipment during 1998-99 Unaudited Beginning Balance at July 1, 1999 Nov 9, 1999 Transfer from General Fund 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 Vinyard Park II Balance at January 25, 2000 Respectfully Submitted, $11,042.93 137,500.00 354,643.16 503,186.09 384,832.00 (226,650.00 (41,000.00 X620.368.09 I Approved By, ~~~ Diane D. Hyatt Director of Finance Elmer C. Hodge County Administrator M:\Finance\Common\B oard\Cap99. WK4 RESERVE FOR BOARD CONTINGENCY ~~3 COUNTY OF ROANOKE, VIlZGINIA Amount From 1999-2000 Original Budget $100,000.00 July 27, 1999 General Fund share of VACO/ VML assessment for AEP negotiations (4,749.00 July 27, 1999 Green Hill soccer field (47,000.00 Dec 21, 1999 Presidential primary election (15,410.00 Dec 21, 1999 Overtime for Ft. Lewis Mountain fire (20,617.85 Balance at January 25, 2000 Respectfully Submitted, Diane D. Hyatt pp Director of Finance Approved By, ~~~~ Elmer C. Hodge County Administrator $12,223.15 M:\Finance\Common\Board\Board99.WK4 FUTURE SCHOOL CAPITAL RESERVE COUNTY OF ROANOKE, VIRGINIA /`~ `f Amount Savings from 1996-97 debt budget Transfer from County Capital Projects Fund FY97-98 Original budget appropriation June 23, 1998 Savings from 1997-98 debt fund FY98-99 Original budget appropriation FY99-200 Original budget appropriation Less increase in debt service November 9, 1999 Savings from 1998-99 debt fund Balance at January 25, 2000 2,000,000 (1,219,855) The following funds have been temporarily advanced from this fund will be reimbursed with future bonds issues: Balance from above $7,380,323 Land purchase and site work for new South County high school (4,000,000) Science Labs (2,170,600) $1,209,723 Note :These advances will be reimbursed with the 1999 Fall VPSA Bond Sale. Respectfully Submitted, ~O.c~~,;~ k~ ~` Diane D. Hyatt Director of Finance Approved By, ~- ~ Elmer C. Hodge County Administrator $670,000.00 1,113,043.00 2,000,000.00 321,772.00 2,000,000.00 780,145.00 495,363.00 00 M:\Finance\Common\Board\Schoo199.WK4 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: January 25, 2000 AGENDA ITEM: Revenues and Expenses for the Six Month Period Ending December 31, 1999 COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: I am attaching schedules showing the budget to actual comparison of revenues and expenses for the six month period ended December 31, 1999. Average revenue and expenses for this period should be approximately 50% of budget. Several of our large revenues however will not come under this standard. Real estate taxes are due December 5, and June 5. Real Estate at 48.4% is not alarming because the second payment for the fiscal year will be based on the January 2000 increased assessment. 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 50% 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 cone-time payment to the State. In addition, Economic Development is currently shown at 70.1 1 % of budget because of a $350,000 contribution for tourism is reflected in this budget and has already been made. SUBMITTED BY: APPROVED: ~~•• //~~ ;' ~.~e~.Q,~s~ ~.l Diane D. Hyatt Elmer C. Hodge Director of Finance County Administrator M:\FINANCE\COMMON\BOARD\1-25-OOa.wpd January 18, 2000 / T "~ Approved () Denied ( ) Received ( ) Referred ( ) To ( ) McNamara Church Johnson Minnix Nickens No Yes Abs M:\FINANCE\COMMON\BOARD\1-25-OOa.wpd January 18, 2000 ~"` - o 0 0 N O ~ vi 4. 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ITEM NUMBER /~ '""~ ~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: January 25, 2000 AGENDA ITEM: Report of Claims Activity for the Self-Insurance Program COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: In accordance with the Self-Insurance Program, Ordinance #61494-4, Section 2-86.C, attached is the Fiscal Year to Date claims activity and status report including the Second Quarter which ended December 31, 1999. FISCAL IMPACT: STAFF RECOMMENDATION: Respectfully submitted, „ ,/~ ~%~ • ~ ~~ Robert C. Jernigan ' Risk Manager Approved by, Elmer C. Hodge County Administrator Approved ( 1 Denied ( ) Received ( ) Referred ( ) To 1 1 Motion by: ACTION Church Johnson McNamara Minnix Nickens VOTE No Yes Abs g:\ris kmgmt\trustees\boa rd. rpt ~/~/ - ~ O ~ ~ Z O O 00 M O O O N W N O N m m O O O O n _ 00 W O N n W O O 00 r- ~ (D N I~ n O (0 N n N Q ~rj nj ~ .-- ~ N a O H N ~ Q ~ a~ m ? ~ U ~ ~ 2 ~ ¢ ~ ~ ~ fO ~ D O O O O O O O O ~ O Q U U U U U U U U Y U a a a a a a a a N a ~ a ~' ~ o 0 0 0 0 0 0 0 0 0 U U U U U U U U U U W W W a ~ o ~, o ~ M W ~ } W m J Q W U U ~ W LL Q ~ ~ Z ~ 0 ~ a ~ w a ~ o ~ h U W -~ ~ = W ° m v ~ W - j 3 s Y } °C W ,> > ` U Q a H ~ ~ ~ U N C W J V -O ~ O N ~ C Z m Q U Q > N y ~ ~ Y °~ U ~ Q ~ N ` W O O ~ a~ `~ ~ ~ ~ ~ . `~ > oC N ~ Z ~ O O) O ~' O O O ` D O W R .D m E ~ ~ ~ ~ 'D ~ ~ ~ t i7 O O t W LL y ' ~ C C O) ~ C ~ O ~ ~ N C O O y ~ C N C N N C 'a U U Q U f' Y N F ` O OC I- ~ OC OC ~ m ~ J (n H W O N Y ~ ~ O N 01 C ~ f /7 y N NN f n Q > > ~ > > > > > m d W 'D ._ -O ._ r _ 'O ._ "O ._ U ._ -O ._ 'O ._ U ._ +' ~ M ~ ~ ~ N d ~ M ~ ~ ~ Z O) M M M M m M M M O) W ~ W M M m m ~ M ~ Q) Q H ~ 00 ~ O M ~ .- M M N V Q ~ O ~ ~- O ~ N ~ •-- O U 0 ~ n n (D CO m ~ ~ O Q O O O O O O O O m _ M M M M W N C O O N M ~ Q D J Z m O O O O ~ m O O O O O O O O O O m m U ~ rn rn ~ ~ rn rn rn rn rn a ~/- ~ ~ °o °o c°o °o M °o °o `O °o 0 W ~ O N O M O O ~ O ~ ~, I~ N M N tc') ~ O u~ M M Q ~ M ~ ~ a .- z O N ~ f., Q y J Z U - Q O O O O O O O O O h ~ v -o -o ~ -o -o ~ v ~ ~ N N O fA O N O N O N O N O N O fq O N O U U U U U U U U U O W O ~ O W Q ~ 0 ^ ~ O F- M ~ ~ W W } m Y O J W ~ U W O ~ N Q LL ~ ' ~ C 67 ~ H ~ N O E p ~ O ~ y N a W d N ~ M ~ W `7 ~ U m M ~ OC O ~ V ~ U W o C m ,n O N °-~ O ~~ .~ O ry 1 W J fq ~, O ~ a. m0 ~ m N E N >. ~ ~ N y N f. N ~ 'O N H Z W ~ -~ ~ ~ d N d ~ N m Y N N~ O N a Y y O a N ~ E Y O ~ ~ H Z O Y d O d C ~ O >~ a y ~0. m O p d~ C m r ~ ~ N C N C m } D D J ~ N~ N ~ ` an d ~ ~ W J U m V N O) m~ O > O. O .j 01 N m> ~ 01 m ~ ~ N U C p > ~ 'O C Z Q Q ~ ~ O a ~ ~ Q ~ ~ o ~ ~ ~ ~ 0 ~ m Q J ~ J m` 'O U' C ~ y ~ m "O ~ m ~ ~ ~ ~, ~= m m ~ ~ J C W ~ fq Q O U ~ a m O O N~ p~ ~~ O O a 0 ~ Z W LL y~ C ~ 'a a N y~ m y N 'o o ~ m > Y m ~ !A W W ~ N O.U m m ~ d N ~ H N> 4(n N Y O.J m ~ ~ ~ O 3 > 7 fn m ~ y ~ ~ Q r d l0 y N N NN ^ 0 ad- ~ N~ M ~ > > M ~ t!7 m n > > N > M > >~ ~ Z d N (n to O H Z w H d N Y N Y Y Y ~ Y Y W _ _ _ 0 '1+ 'V 'Y 'N 'ir 'Y 'N 'Y ~ Z m Q) O) ~ m Q) ~ O) M m ~ ~ m M O W O Q7 W p H u7 I~ M D) ~ m O V Q N O ~ ~ O O O ~ N U~ CO CD n O n ~ m O O Q O O O O O O ~ _ O O O O ~ _ N M u7 ~t O C Q O O O O O O O O O ~ J Z O O O O O O O ~ O m U m a~ rn rn rn rn m eo rn a w 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: January 25, 2000 AGENDA ITEM: Accounts Paid -December 1999 COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Direct Manual Checks Deposits Checks Voids Payments to Vendors: Payroll 12/10/99 Payroll 12/23/99 Payroll 12/24/99 Payroll 12/28/99 YE Adjustment $212,822.74 $520,942.97 $100.00 (427.56) 209,731.30 493,191.56 558.95 (2,222.64) 30,580.93 0.00 0.00 (23,560.00) 2,326.06 (1,343.16) $5,861,507.04 A detailed listing of the payments is on file with the Clerk to the Board of Supervisors. SUBMITTED BY: ,(LL Diane D. Hyatt Director of Finance $453,134.97 $1,014,134.53 $2,985.01 (27,553.36) 1,442,701.15 $7,304,208.19 Approved ( ) Denied ( ) Received ( ) Referred ( ) To () Motion by McNamara Church Johnson Minnix Nickens n~' - 7 No Yes Abs 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: January 25, 2000 AGENDA ITEM: Status Report on County Projects COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Listed below are status reports on five County projects. If you have projects you would like added to this report, please let me know. Regional Fire Training Center Construction on the regional training center continues to be on schedule. The building is completely under roof and interior work (plumbers, electricians, sprinkler and HVAC) is going on each day. The brick masons have started laying brick as weather and temperature permits. It is anticipated that the metal roofing will be installed later this month and work will begin on the installation of interior metal walls by the end of month. The quality of work continues to be very good and the working relationship continues to be excellent between owner, architect and contractor. Completion is still projected for June 2000. Center for Research & Technology The water line is under construction on Glenmary Drive, and the sewer line pre-construction meeting was held on January 13th. Construction of the sewer line will require closing Glenvar Heights Boulevard for up to one week. The pre-bid meeting for the industrial access road is scheduled for January 24th. The delay was due to special requirement by VDOT which tightens the time line. The brochure is being revised and will go to print in the next 7 -10 days. Staff is seeking new bids for the entrance sign and marque because the first bids were above the established budget range. Landscaping & lighting plans being developed. / r ^~ Roanoke County -Roanoke City Water Interconnections Roanoke City ceased the purchase of Roanoke County water in mid-December; however; we are still trading approximately 1.5 million gallons of water per day. The County and City have agreed to jointly construct the Loch Haven Phase II water line which will provide additional interconnections inthe Plantation Road/ Williamson Road area. These interconnections will be in addition to our existing interconnections along Peters Creek Road, Ogden Road, Grandin Road and Challenger Road. These interconnections will allow Roanoke County and Roanoke City to provide each other in excess of 4 million gallons of water per day when needed. Construction of this line is scheduled to begin in late February and should be complete by late spring. Roanoke Valley Juvenile Detention Center Construction remains on schedule for the Phase I portion of the project. The construction is expected to be completed in May, 2000 for pods C, D, E, and F which contain 58 cell units. The 10 bed Pod C will be used for the administrative space while the remainder of the facility is renovated and re-built. Pods E and F are fully enclosed so that interior work may proceed even during inclement weather. Pods C and D should be enclosed by Mid-February. The security doors are being installed and bed units are being poured. We will be hiring staff approximately April 1, 2000 so that they may be trained, become familiar with existing operations, and help to transition into the new facility. All activities remain on schedule at this time. Staff will also be working with the Board of Juvenile Justice to see if any additional funding can be obtained to offset more of the capital construction costs for the new facility. Courthouse Improvements and Salem Office Supply Building In the Courthouse project, the renovation of the space for the Commonwealth's Attorney has been completed and the design of space for the Clerk of the Juvenile and Domestic Relations Court is being finalized. Actual construction forthe Clerk's area will begin when the Court Service Unit moves into the Salem Office Supply Building. Quotations are being received for the hazardous materials abatement of the Guy House and the Salem Office Supply. That work is anticipated for February. The plans for the interior demolition work at Salem Office Supply building have been received and are being reviewed. The demo work will begin as soon as the hazardous material abatement is completed. The architect had to switch to a new mechanical engineer in order to complete the plans for renovation and the new completion date for review is January 31. We will then bid the construction work for completion in the spring of 2000. . - N' _ 8` Respectfully submitted: ~~~ Elmer C. Hodge County Administrator ACTION VOTE No. Yes Abs Approved () Motion by: Church Denied () Johnson - - Received () McNamara- Referred () Minnix - - - To () Nickens _ 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: January 25, 2000 AGENDA ITEM: Work Session on Mid-Year Expenditures and Overview of Revenue Projections for FY99-00 and FY00-O1. COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: This time has been set aside for a budget work session to discuss items related to development of the FY 2000-01 budget. This work session will focus on the following items for discussion: Mid-year expenditure review of operations Revenue Projection Updates for FY99-00 Overview of Revenue Projections for FY00-O1 Additional information on these topics will be provided at the work session. Looseleaf notebooks will be distributed, organized by topic, to allow easy reference of work session "working papers" throughout the budget process. Respectfully submitted, Brent Robertson Budget Director Approved by, Elmer C. Hodge County Administrator ACTION VOTE Approved () Motion by: No Yes Abs Denied O Church _ _ _ Received () Johnson _ _ _ Referred O McNamara _ _ To O Minnix _ _ _ Nickens COUNTY OF ROANOKE BUDGET WORK SESSION NOTEBOOK FY 2000 - 2001 Plan your work... ...then work your plan! Table of Contents FY2000-2001 1. Calendar 2. Summaries 3. Expenditures Mid Year Expenditure Report (as of 12/31/99) 4. Revenues Mid Year Revenue Report (as of 12/31/99) Preliminary Revenue Analysis: FY2000-2001 5. Funded Capital 6. Departmental Unfunded Budget Requests and Issues 7. Personnel 8. School Budget 9. C1P 10. Debt Service 11. Fleet Replacement 12. Notes/Miscellaneous 1-1 3-1 4-1 4-2 M:lfinance\budget\workses\toc00.wpd January 24, 2000 ...... >' '<. >... Fiscal Year 2001 • Budget Kickoff: Investment Budgeting and Business Planning °o • Annual Update of Departmental CIP Requests c ~' • Mid-Year Revenue and Expenditure Reports to BOS (1/25/00) ~ • Budget targets distributed to Departments ti • Preliminary FY2000-2001 revenue projections complete • Revenue Team meets to discuss projections o • Departmental Investment budgets due to Budget Dept. c r°., • Review of Departmental budget requests for FY2001 ~ • Public Hearing: General comments on FY 2000 Budget (2/29/00) ~ • Public Hearing: Tax rates and assessments (2/29/00) w • CIP work session with BOS • Functional Budget Team Presentations to County Administrator c ~°o~ • BOS Adopts Tax Rates (3/8/00) ~ • Budget Work Session: Joint School and County ~ ~ • Budget Work Session: Contributions to social service, cultural, and tourism service agencies • School Budget due (4/1/00) c • Budget Work Session: Volunteer Fire and Rescue Chiefs 0 ~°, • Budget Work Session: Budget development • BOS adopts School Budget by 5/1/00 (4/25/00) ~ • County Administrator presents budget to BOS (4/25/00) • Public Hearing on FY 2001 Proposed Budget (4/25/00) c • Board adopts FY 2001 Budget and CIP (5/9/00) ~'' • First reading of Appropriation Ordinance (5/9/00) `~ • Second reading of Appropriation Ordinance (5/23/00) 1-1 G:\FINANCE\BUDGET\WORKSES S\Calndr0l. doc County of Roanoke Office of Management and Budget Memo To: Elmer C. Hodge, County Administrator From: W. Brent Robertson, Budget Director Date: January 25, 2000 Re: FY 2000 Mid-Year Expenditure Analysis Attached you will find the mid-year expenditure report as of December 31, 1999. This report encompasses all Roanoke County operating units within the General Fund. The attached report contains: ~- FY 1999-2000 adjusted budgets ~ Year-to-Date actual expenditures as of 12/31/99 ~.- Encumbrances as of 12/31/99 «~ Remaining Balances as of 12/31/99 ~- Yeaz-to-Date percent expended as of 12/31/99 As a general benchmark, departments should have spent approximately 50% of budget through six months. However, though a department may have expenditures that surpass the 50% mazk, it is not necessarily an indication that the department will have a yeaz-end deficit. Similarly, a department spending less than 50% of its budget through six months will not necessarily retain a surplus at year-end. Any area that has significantly departed from this threshold is shaded on the attached report and discussed in detail below. Economic Development (70.1% of Budget) The Economic Development Budget contains contributions to several local agencies. Traditionally, these agencies have received payment at the beginning of the fiscal year. These contributions represent a sizeable portion of the department's budget. When these amounts are adjusted out, the percent expended for economic development is well within the acceptable 50% range. Circuit Court 39.5% of Budget This low percent expended results from the City not billing the Circuit Court for Shared Salary and other operational costs until later in the fiscal yeaz. No significant surplus is anticipated. General District Court (17.1% of Budget Training and other educational opportunities provided by national and state bar associations are not scheduled until the second half of this fiscal year. No significant surplus is anticipated. 3-1 01/25/2000 Page 2 Court Service Unit (35.8% of Bud~etl This low percentage expended is a result of delayed billing. Clients served through this unit are currently in counseling and/or treatment programs. Billing statements will not be received for these services until clients have completed the programs. No significant surplus is anticipated. Fire and Rescue (54.2% of Budget) Overtime related to fighting the Fort Lewis Mountain fire and contracted services to the Kroger Distribution Center contributed to this department being slightly over the 50% range. A special allocation from the Board of Supervisors and a reimbursement from Kroger, both expected in January 2000, will bring this department in line with budgeted expenditures. Contributions The three categories of contributions (Social Service, Human Service, and Cultural Service Organizations) reflect an expenditure level that is a function of the timing of organizational requests for payment. Many of the organizations request funding at the beginning of our fiscal year. Youth Haven II (41.7% of Budget) This facility was not fully operational for several weeks during the last quarter of 1999. Its census was not at capacity nor was it fully staffed. A decision regarding the status of this facility is pending. 3-2 Roanoke County Mid-Year Expenditure Report FY 1998-00 Expenditures through 12131199 Adjusted Actual Remaining Percent FY 99-00 Budget Expenditures Encumbered Balance Expended @12131/99 ~ 12/31/99 @12!31!99 Car12/31/99 Year-To-Date _ General Government SubTund General Administration: 0 000 131 47.9°b Board of Su rvisors 251,611 98 120,611 482 106 629 1 , 107,187 50.2% Cou Administrator 215,2 , , 0 908 58 47.7°~ Asst Co Admin-M t Services 112,546 53,639 0 , 896 73 51.6°~ Asst. Count Admin-Human Services 152,666 78,770 , 51 7% Commun' Relations 193,479 96,764 3,192 0 93,524 191 270 . 47.8°.6 Cou Attome 366,294 175,024 0 , 567 236 45.0% Human Resources 430,238 193,671 , _ .. ,_ . Constitutional Officers Commissioner of Revenue 649,000 300,021 357 348,623 46.3°,6 ° Commonwealth Attome 619,088 292,335 0 326,753 47.2 ~ ° Sherrill 4,902,824 2,362,744 138,986 2,401,094 A° 51.0 Treasurer 619,929 253,734 357 365,838 41.0% Clerk of the Circuit Court 788,282 349,653 3,357 435,271 44.8% >:::«>:;:;>casnssnxo-:...~.car.~..........v.;~~;;;:;::;~~::::.;::~;-<;:<.»»:-<~:•: ~::: ~~:::,.:..._.:.,.~, ...::.:::......:.... ... . .. .~ - --.. __ Ma istrate 1,655 785 0 870 47.4D . ........ . ....... ..... Juvenile & Domestic Relations Court 10,429 5,030 0 5,399 48.2 ~ ........:::::. .. . ............ .. . Management Services Real Estate Assessments 775,965 351,915 0 424,050 45.4°,6 Finance 779,460 361,271 7,697 410,491 47.3°k Mana ement and Bud et 146,537 58,574 1,973 85,989 41.3°~ Public Trans nation 130,136 57,446 0 72,691 44.1°,6 Purchasin 330,547 165,631 20 164,896 50.1% Public Safety Police 6,851,140 3271,247 78,712 3,501,181 48.9% COmmUDItV $eNIC@S Commun' Develo ment 3,278,026 1,562,137 979 1,714,910 47.7% General Services 5,470,708 2,527,702 155,177 2,787,829 49.0% m:lfinancelbudgeriexpndtnmidyr99.OO.~ds 01!25/2000 Page 1 Of 2 3-3 Roanoke County Mid-Year Expenditure Report FY 1999-00 Expenditures through 12I31f99 Adjusted Actual Remaining Percent FY 99-00 Budget Expenditures Encumbered Balance Expended @12/31/99 ~ 12/31/99 012/31/99 12/31/99 Year-To-0ate Total General Government 3ubfund 43,963,363 20,962,864 838,789 22,161,709 49.6°r6 22,161,709 Other Subfunds: ~tul~rrt If ................... 58 -- ... ... . 4#it 23.2 . .......>_......._.::::: >" ~;<~.9 ~` >....~ ::::::.:.::.:::.:::._ Law Library 177 015 16,138 0 160,877 9.1°,6 Recreation Fee Classes 1,467,022 614,708 24,381 827,933 43.6°r6 E-911 Maintenance 1,065,672 272,922 5,285 787,464 26.1% Management Information Systems 1645 268 764 358 25,214 855,696 48.0°~ Communications 658,009 318,012 5,953 334,044 49.2% County Garage 1 288 646 689 749 3,876 595,021 53.8°~ Total OtherSubTunds 6,760,290 2,867,119 64,709 3,828,461 43.4°b Grand Total General Fund 50,723,652 23,829,983 903,499 25,990,170 48.8°,6 m:lfinancelbudgellexpndtrlmidyr99-OO.~ds 01252000 Page 2 of 2 3-4 Human Services Grounds Maintenance 1,557,228 799,127 5,291 752,810 51.7°~ Parks and Recreation 1,513,110 691,069 1,495 820,546 45.8% Public Health 435,563 217,782 0 217,781 50.0% Social Services 4,175,060 2,154,212 2,381 2,018,467 51.7°,6 Library 1,980868 847,695 4,561 1,128,612 43.0°~ \/PI FYfaneinn 83.490 20,923 __ 0 62,567 25.1% ea E E 3 d N Y ~ O ~ ~ j O ~ ~ ~ wr+~ O ~ ~ _ ~ LL ~ ~ ~ ~ U c d d - ~o _ d R d 'a ~ C a Q o 3Q 3E 3E o 3Q o ~' o 0 3E o 3E o 0 o 0 °d\j ~ o e M 3E ~ ~ 3 [O Ifl h to GO CO M O ~ ~ N O 1!7 d0 ~ p N C M ~ N U Q _O~i ~ ('M (G M r ('n M O u; O .- lf> ~ ~ O ~.j ~ ~ ~ ~ N (+> O 1t. 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These increases include Real Estate Taxes, Personal Property Taxes, Sales Taxes, and BPOL Taxes. Analysis of pending projects HAS NOT been finalized at this time; therefore, revenue adjustments for Economic Development projects have not been made to the presented figures. Commonwealth Revenues (Subject to General Assembly Approval) -Historically, these items of categorical aid have not been allocated for School operations. HB 599 Funding -Law Enforcement: Additional funding provided for law enforcement (Police Department); the Governor has proposed increasing overall funding for this item. Compensation Board: Salaries for constitutional officers and their employees is proposed to increase by 2.4%, effective December 1, 2000. Grant -School Resource Officer FY1999-2000 is the final year of a 3 year grant from the State that partially funded salaries for School Resource Officers at each of the County High Schools. The Schools currently fund 2 officers' salary while the County funds 2 officers' salary, all benefits, operating costs, and capital. m:lbudget\worksessn\BOS1_01.x1s Revenues 280, 000 65,000 (63, 000) 4-2 ACTION NO. ITEM NUMBER D ~ •Z- AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: January 25, 2000 AGENDA ITEM: Prioritization and Scheduling of future Work Sessions COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: There are several issues that should be discussed in work session format before action is taken. I want to review these with the Board so we may prioritize them, and schedule work sessions over the next several months. By scheduling these work sessions in advance, staff will have adequate time to prepare the information you will need. Review of goals set in July Beginning in July, the Board and staff developed goals and objectives for County Administration. These goals were revised by the Board members and were included on the October 26, 1999 agenda. That list is attached. The Board should schedule a work session to review these goals and objectives and revise if necessary. Update on Economic Development Strategy The Economic Development Strategy was adopted by the Board on April 14, 1998 and revised in 1999 to be included in the Community Plan. Anew Economic Development Director, David Porter, has now been hired, and I would like to review and update the Economic Development Strategy by emphasizing clusters that were recently identified by the Fifth Planning District Commission. I would also like to establish a support and advisory committee made up of local business persons. Status Report on Non-standard Refuse Collection Methods The Board held a work session on July 27, 1999 to discuss non-standard methods of refuse collections. Since that time, we have been working through the exceptions to the established policies to bring them into compliance, and would like to report on these efforts. d- Consideration of charging for rescue_calls This issue comes up every year during our budget process due to increased needs for rescue equipment and staffing. The Board may again wish to consider this as a funding option and schedule a work session to discuss further. Joint Work Sessions with the School Board to discuss capital projects The Board of Supervisors and School Board should schedule work sessions throughout this year to discuss the school capital needs and receive updates from the School Board on the current school construction projects. Regular Budget Work Sessions The following is a tentative budget work session schedule for the FY2000-2001 budget development. Additional budget work sessions may also be necessary. January: Mid-year Revenue and Expenditure Report FY00-01 Revenue Overview February: CIP Review (can be deferred until March) (Public Hearings on tax rates, assessments, and General Comment are also held in February) March: Contributions -Social Service, Cultural, Tourism Organizations, and Update on contract with United Way Expenditures -Salaries, Insurance, Departmental needs Joint Work Session with School Board April Volunteer Fire and Rescue Chiefs Work Session on proposed budget and adoption of school budget STAFF RECOMMENDATION: It is recommended that the Board prioritize and schedule the work sessions listed above. Respectfully Submitted by: Elmer C. Hodge County Administrator .~ „,~G.. ------------------------------------------------------------------------------------------------------------------- ACTION VOTE Approved ( ) Denied ( ) Received ( ) Referred ( ) To ( ) Motion by: No. Yes Abs Church _ _ Johnson _ McNamara- _ _ Minnix _ _ _ Nickens .. - ~'" . County Administration ~ Zooo The County Administrator and Assistant County Administrators manage the daily operations of Roanoke County government and serve in an advisory capacity to the Board of Supervisors. Mission The County Administration will execute uniformly the policies established by the Board of Supervisors, advise and recommend to the Board actions that meet the changing needs of citizens, administer the daily operations of government, and present a balanced annual budget for consideration by the Board. Objectives • To formulate effective bimonthly Board meeting agendas that provide a structure to address pertinent issues and to serve best the interests of county residents and businesses. • To keep the Board constantly apprised of community events and County projects and services. • To provide the Board with strategic information that enhances decision-making. Objectives • To prepare the Center for Research and Technology for marketing which includes water, sewer, access road, and entrance-way to secure initial occupant(s). • To identify and recruit occupants for other economic development projects including existing businesses Palley Gateway Business Park, McDonald Farm, and Palley TechPark. • To update long-term economic development strategies identifying development sites, means for acquisition, and potential effects on the local economy. • To promote tourism as an economic development opportunity including the start of construction of a new Parkway Interpretive Center. County Administration-continued Objectives ~ _~ • To work in partnership with the School Board and administration to make the best use of available funds in providing cost effective educational opportunities for the children of Roanoke County. • To implement fully, in conjunction with the School Board, the Blue Ribbon Committee's Phase I School Construction Program including identification and provision of essential funds necessary for operations and capital expenses related to the new construction. Objectives • To maintain the number of volunteer hours for fire and rescue services. • To pursue alternative revenue sources to enhance fire and rescue services. Objectives • To develop and implement an employee performance appraisal system that establishes accountabilities for each employee related to the organizational and departmental missions and goals. • Conduct market research as necessary to ensure competitive salary and benefit levels enabling the County to recruit and retain effective employees. • To educate employees about their full compensation package. Objectives • To facilitate solutions to regional water and sewer issues that will reduce the current rates paid by Roanoke County residents. • To negotiate proactive solutions to long-range water issues with surrounding localities, eliminating case-by-case negotiations in times of crisis that will benefit the entire valley. • To examine the potential benefits from regionalization of other services (e.g., solid waste, fire and rescue, library, etc.). . . ~ _ County Administration-continued r.~~~~ G~ ;.rte. Objectives To master plan all existing and proposed interstate interchanges to maximize economic development potential in the county. To determine the impact on service delivery and quality of life issues from the proposed widening oflnterstate-81 and proposed construction oflnterstate-73. 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: January 25, 2000 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: This is the third time over the past 2 months (November 23, 1999 and December 21, 1999) that the Board has considered the issue on the application of roll back taxes on separated or split-off real estate in the use value assessment program. I have included for Board review the following items: (i) Section 58.1-3241, (ii) the December 21, 1999 administrative opinion of H. Keith Mawyer (State Department of Taxation), (iii) my letter requesting clarification (dated January 10, 2000), (iv) Mr. Mawyer's response dated January 12, 2000, and (v) report on acreage and number of parcels in the land use program by magisterial district. I have not included the voluminous materials (the record of the Board's action in September, 1999, the Chesterfield County Circuit Court decision, the various opinions of the Attorney General on this topic, the roll-back tax bill for the Roger Smith transaction, and the correspondence of Paxton Marshall, the use value "expert" from VPI&SU) from the previous meetings. These are available from the Clerk or my office. To summarize the discussions over the past two meetings: 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 as roll-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 involved 133 acres; it closed in November, 1999 for $197,000. Several Board members questioned the fairness of assessing roll-back taxes in this situation (splits/subdivided property). Staffbelieves 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 a_ aig_nst 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. The Board discussed several alternatives: amendments to the State Code, judicial review by the aggrieved parties, formal opinions, Board action, and no action (allow staffto administer the program). Mr. McNamara requested answers to several questions at the last work session. 1) What are the reasons for this provision of State law; why was it put in place? Unfortunately the General Assembly does not regularly include "legislative history" with its enactments. Therefore I can only speculate as to its reasons. Reasonable people can differ over the "reason why". I believe that the General Assembly identified problems with the use value program, and it addressed those problems by tightening certain elements of the program: if the landowner failed to pay the reduced, use value assessed real estate taxes, he/she wouldbesubject toroll-back taxes and removed from the program; if the landowner applied for a rezoning to a more intensive use, then he/she would be liable for roll-back taxes. Also if the landowner conveyed away a portion of property (separated or split-off a lot, piece or parcel) in the program, then just that separated portion would be subject to roll- back tax. I believe that this result is based upon the view that the separation or split-off of lots is the first step in development of the property, and development of the property is inconsistent with the goals of agricultural land preservation and the purposes of the use value assessment program. 2 Contrary to Mr. Mawyer's opinion, I believe that the second paragraph of Sec. 58.1-3241(A) applies only to a "subdivision". I draw a distinction between a "subdivision" (which includes the recordation of a plat subdividing property with the Clerk of the Circuit Court) and the actual conveyance of a lot or parcel of subdivided land. Farmer Mahoney may subdivide his agricultural property (i.e. place a subdivision plat of record) but still avoid roll-back tax liability by meeting certain conditions (meeting minimum acreage requirements, attestation of purpose). Once Farmer Mahoney actually conveys that lot or parcel, then roll-back tax liability on the conveyed lot or parcel arises. Mr. Mawyer's interpretation essentially guts the entire first paragraph of any meaning or purpose. My interpretation lets both co-exist together. 2) Next, Mr. McNamara asked about the philosophy of land use: does it keep farmers farming, and do real estate taxes drive farmers off their property. Agricultural economists have long debated this question. The availability of and access to markets, the price of seed, fertilizer, equipment, labor, etc. probably have a far greater effect on agricultural economics than local real estate taxes. Virginia has taken this step to provide an incentive (at the localities' cost) to preserve agricultural land. Other states utilize similar programs, and at least one ties agricultural preservation to that state's income tax. Some academics have published studies to show that a local use value assessment program has no effect on the rate of agricultural land conversion, by comparing land conversion rates in localities that have adopted such programs to those that have not. The public policy of Roanoke County is to provide this incentive in order to help preserve land in agricultural, forestal and open space uses. In this situation the conveyance of a portion of the property in the land use program would trigger liability for roll-back taxes. One could assume that a portion of the proceeds from closing could pay the roll-back taxes. This would not drive farmers from the family farm. It is recommended that the Board follow legal precedent, and continue to allow staff to administer this program as directed by State law, court decision and opinions of the Attorney General Respectfully submitted, ~v1 Paul M. Mahoney County Attorney 3 d ~ Action Approved ( ) Denied ( ) Received ( ) Referred to Motion by Vote No Yes Abs Church Johnson McNamara Minnix Nickens G:\ATTORNEY\PMM\AGENDA\rollbackreport.rpt.frm 4 ,: - _. _ ,.O~SaOCtSO .~~~,~'O ~...O~~Ooc+~ 9 ~ ~ ~ ai ~ ~~ ~ ~ o~~ °~~ o o~ °~w~ • ~ C/1 ~i cd O cd ~ ~ a a~ ,,,~ s~ a4~ ~~ °' a~~ ~ ~ G t~° O mug ti r~oo-~~;~a~~ mop'-,~p~o oa~a~o 5 v~,p ~•~ Rio ~~'~ m a~ o ~ a0iw ~ ~•~ p~~ i O ~" +~ .Or to O C~ ~ ZO„ ~ •~ ~ ~ ~" •a' ~"., ~" ~"•, `-' 07 j~ ~ ~Q ~•~ ~ ~~ ~~° ~~ ~ ~ ~ ~~, ~ ~ UN »~ is ~'~ ~ ~ C~71 ~.17J '~ ~ O..Q ~'•' ~ -c~ ~-.~ 41= ~ ~ lS~ O O O ~ :~ i~a ~'. OU,= RS. r~A cm.ti ~ '~, rOi1~i Q O ~ H CS'.,~•`a C~ CO _ ~+ c~ ~ ~ O CC O ~ ~ O N ~ • ~ Cyr O +~ . ~ ~ •'~ -NO ~ U O . ~ C,'J ~ ~ o ~ ~ ~ ~ m bA ~ ~ +~ o o UA cti O,L~ ~ ~i O ~.' ~ ~qp O p ~ t~.i v1 N .4: ~ •~..Q~ r--i .~ .Ct N ~ ~O~ooF~'y~~ ~ ~~~"o'LS vi O 4•+ ca a~ • ., cd ~ . ~ o s, O O of .. rr o ~ J q~ .-. c,.., P..•-+ tnfi y ,C'',i m G cd ..~''~ cti vj ~" o N o ~ f" "O „'' p ~ W O Zf CC -~•~ ^' 4-~ ~ ~--i -+ ~ bA p CLS ~. rl O~~ ~,~ ~~~ Cdr ~ O U ~~~ O ~ .--+ ~ ~ C~~ CO '~ ~ c~d~ ~ .•~ COC O O ~'~ m O•~ ~~~ •~ ~ •~ ~ o~~ °~ ~ a~ ~ ~.~ ~ fir" ~ a~ ° ~~,~ o a~ ~ vUrn M U ~~~~ a~ ~ s~ °: ~~ ~~ o o ~ o ~ ~ c~ om i-i" I ~ ~R..r~ i-T r~ ~ [JC [d Fem. ~ [vC ''_'...7 O _~. o O O ~ ~ ~ ~ 11/11l1yyy by: 44 Lit74.~bfi3bbL rt~ur~i~i i inn vi iii v C(J10~1VIONWIEAL'~'H o f VIRGINIA Department. of Taxation December 21, 1999 Mr. Harry C. Nickens, VN:e Chaimlan Roanoke County Board of Supervisors P. 0. Box 13186. . Roanoke, vrginia..24031-3186 Dear Mr. Nidcens: ~,. , This. is in reply to your fax transmission of December 20, 1999,. nsgarding the land use. program. You state that you will be deliberating the meaning of Section 56.1- 3241 of the Code of Vrginia rotative to the roll-bade tax and that you would lilts my administrative opinion. Acknowledging that we must allow the statutes to speak for themselves, I will be happy to provide my understanding of the roll-bade provisions that currently apply to parcels in the land use program. As I stated in my letter of December 6, 1999, to Mr. Paul Mahoney. County Attomey, if the county would like a legal opinion concerning a specific question, you may wish to consult the Office of the Attorney General. In general, the law provides for the roll-back tax to be invoked in three circumstances: 1) when a change in use occurs, 2) when a zoning change occurs at the requesf of an owner or his agent, and 3) when a subdivision of property occurs whereby the remaining parcels no forger meet the minimum acreage requirements, or having met the acreage requirements, the owner does not att®st to the fact that the use will remain compatible with the provisions of Section 58.1-3230 of the Code. This latter provision is the essence of Section .58.1-3241 of the Code which you wiN be discussing this afternoon. When interpreting any of the provisions in the law relating to the land use program;. you may find. it helpful to consider the intent of the law as provided in the declaration of policy restated below for your convenience. SB.1,3229. De~Lratios otpolicy.-.~Aa exp~adin8 pepul~tiun and ~eductia~ in the quea~titY sad quslitY ofzcal esWe dawlsd to a~icultudl. hoetiesaltural, fee+eet end opm space aces make the ptaservatioel of suc>t Heal ae~ab • scatter vital, to, the: public i~taerR. It is, theeefoee. in the public iaterast (~> b eaooeuage tha pewewatim cad peapar uea of such Hal estate in cedar bo see a n~adily avaiLble aweoe of agricultural, hoctia~lttaal cad forest products end of opm spaces within:aeeh of oaacmfcatiaos of poQuLtiao, m caaaotvo mrimel re9a~rcas is foams which will peearent eiwiou, ~~.P cad 1 L/ Ll/ 177 rJ7: 44 aGwoo r ooo~ ~ ~•~.,~ ~~• ~ , ~ •-,,, ~~,~ ~ ~ r,•,,~- ~~ ~ ~ IVjf. 1~^CICCIIS Page Z Aeceatber 21, 1999 Babe water wpplia. m pre~at+iv comic nahnal ~Y ~ ~- ~ ~ m promote Lod-use pLonin~ and the ocdedy deYalopena~ obreal ae~tote bar the acoamarodeotion ~aa n+4~6 popuLition, ~ (b) to p+amobe a balanced acmnnny and amdiaceee ptp~ea which borne the oanvar~ion c[mch sad eabata to snare: inteaaive ttaea end which ato att3ibutablo in part to the aaaeaament of such sal eetace at value. iacompesible with its uaa and pieeervatioa bar sgcicul~l, hatiwlfunl. feast ar apm- ~m PmP~~ it is tine intent of thin article to pttwide tn[' the claaaitlatio0. acct P~~t the aaaosatnmt and taxatiaq ~ snch seal state is a t~ that will gvmoto the peeae:vatan of it ultimately lion the public benefit. Although land use tax deferrals ere admittedly small~incentive to reduce intensive development, the program intends to encourege~the preservation of land by allowing the inevitable separation of percale es long as minimum acreage and use requirements are met. Contrery to this, a policy of invoking aroll-bads tax on virtually every separation of land may tend to encourage more intensive development to the same extent that these tax incentives currently discourage intensive development. This may occur despite the fact that many subdivided parcels mould or would have continued with uses compatible with the land use program as provided in Section 56.1-3230 of the Code. In addition, lunderstand -that there is a concern that no application for assessment based on use may be accepted if at the time the application is filed, the tax on the land is delinquent. The inchoate lien that resides on a parcel in the amount of the deferred tax does not represent a delinquent tax. Rathsr~ the lien resides on the parcel indefinitely until such time as one of the. three events that are .referenced above actually .triggers aroll-back tax Evan. then, the lien will not represent a delinquent tax unless a bill remains. unpaid as provided by law. I hope that this information will be helpful. ff I may be of any further assistance, please do ;not hesitate to contact me at (804) 367020. Sincerely, ~. fi.,Keith Mawyer Property Tax Manager. Office of Customer Services o~ aoaNa,~~ ~ , -~ 9 Z L7 o ~? 1838 PAUL M. MAHONEY COUNTY ATTORNEY ~sao~ ~ rz-zom OFFICE OF THE COUNTY ATTORNEY P.O. BOX 29800 5204 BERNARD DRIVE ROANOKE, VIRGINIA 24018-0798 FAX (540) 772-2089 January 10, 2000 H. Keith Mawyer State Department of Taxation Property Tax Unit P. O. Box 2460 Richmond, VA 23218 Dear Mr. Mawyer: JOSEPH B. OBENSHAIN SENIOR ASSISTANT COUNTY ATTORNEY VICKIE L. HUFFMAN ASSISTANT COUNTY ATTORNEY ~sao~ nz-zon On behalf of Dr. Nickens and the other members of the Roanoke County Board of Supervisors, I would like to thank you for your administrative opinion dated December 21, 1999 concerning the interpretation of Section 58.1-3241 of the Code of Virginia, and its application to roll-back tax liability. As you are aware, County staff assessed roll-back taxes on a transaction that separated 133 acres from a 233 acre parcel that had been in the land use program since 1981. The Board has questioned this administrative action, since your staff has advised us that many other localities in the Commonwealth do not interpret Section 58.1-3241 to authorize the imposition of roll-back taxes in such a situation. The Board has reviewed the statute, the 1991 circuit court decision from Chesterfield County A( llen v. County of Chesterfield), the various opinions of the Attorney General, materials from Paxton Marshall, and your administrative opinion letter. In consideration of the conflict among these authorities and your administrative opinion, I am seeking clarification from you of certain elements in your administrative opinion. The Board has deferred further action on this matter until its January 25, 2000 meeting. 1) Please clarify your interpretation of Section 58.1-3241(A). The first paragraph appears to require roll-back tax liability for any separation or split-off of a lot, piece or parcel of land from the real estate in the land use program, whether or not the separated or split-off portion meets the minimum acreage requirements. The second paragraph appears to distinguish separated or split-off lots or pieces of land from the subdivision of property. This paragraph contains the attestation provision (parcels which meet the minimum acreage requirement and which the owner attests is for the purposes of Sec. 58.1-3230, will not be subject to roll-back tax liability). Is there a conflict between these two paragraphs? Or can these two paragraphs be read together to describe two different situations with two different tax consequences? Do you agree that the first paragraph imposes a uniform rule that all owner-initiated transactions that separate or split-off a piece or parcel of ®Recycled Paper tom- 3 H. Keith Mawyer Page Two January 10, 2000 land shall result in roll back tax liability for the separated or split-off portion? 2) Please reconcile your administrative opinion with respect to the 1991 Chesterfield County circuit court decision. Does your Department follow this opinion, or do you ignore it? 3) Please reconcile your administrative opinion with respect to the recent opinion of the Attorney General dated October 29, 1999 to the Honorable William K. Barlow concerning the imposition of roll-back taxes to a real estate transaction in Prince George County ("Under this provision [Sec. 58.1-3241(A)], it is the action of the owner selling the property that triggers roll-back tax liability."). 4) Is Roanoke County legally justified by Sec. 58.1-3241(A) in imposing roll-back taxes on the separated or split-off piece or parcel of land in this transaction? 5) If you believe that Roanoke County is not legally justified in imposing roll-back taxes on this transaction, then what is your opinion with respect to the purpose and meaning of Sec. 58.1-3241(A)? 6) Mr. Morelli in your office advises us that only 3 other localities in the Commonwealth interpret Sec. 58.1-3241(A) to require roll-back taxes on such transactions. If Roanoke County is correctly interpreting Sec. 58.1-3241(A), then why do these other localities fail to administer correctly this statute? 7} What is the meaning and purpose of Section 58.1-3241? What public policy goal does it promote? I thank you in advance for your assistance in this matter. If your schedule permits, the Board would value your presence at its work session on Tuesday, January 25, 2000. This work session will begin approximately 4:30 pm. ery truly yours, Paul M. Mahoney County Attorney PMM/spb • .~ nw, De~iartment of Taxation January 12, 2000 Mr. Paul Mahoney County Attorney County of Roanoke P. 0. Box 29800 Roanoke, Virginia 24018-0798 Dear Mr. Mahoney: ~~~~~ VLF- V ~ ~ 1 R ~nnti This is in reply to your letter of January 10, 2000, concerning the additional questions that you and the Board of Supervisors have on the issue of roll back taxes pursuant to Section 58.1-3241 of the Code of Virginia. I will be happy to provide my administrative opinion of the situation. Rather than reiterate the questions you have posed, I will incorporate your letter in my reply by reference to the number in the order in which it is asked. 1) In my opinion there is no conflict between the two paragraphs. Like many statutes, this one must be read in its entirety in order to determine its relevance to each situation. Each situation must be analyzed on its own merit to determine if a subdivision has occurred, if the minimum acreage requirements are met, and if the owner will attest that the use will continue in uses compatible with the land use article. I agree that the wording of paragraph 1 subjects the real estate to the roll back tax, but the second paragraph goes on to say that the provisions of this subsection (referring to Subsection A of which both paragraphs are an integral part) will not apply if certain conditions are met as indicated. 2) My understanding of the Chestertield case is that the owners failed to attest that the real estate would be continued in uses compatible with the land use article. Further, it is my understanding that the decision of a local circuit court is not binding on the remainder of the Commonwealth. Thus, we cannot rely on this case to set policy that is counter to years of administrative interpretation and Opinions of the Attomey General supporting this interpretation. 3) I have read the Opinion of the Attomey General that you have cited, and it does ....«~ Mr. Mahoney January 12, 2000 Page 2 not apply to the matter at hand other than to refer to paragraph 1 and to the sale of 2.5 acres of land that no longer meets the minimum acreage requirement. In this case, the subdivision would have triggered the roll back even in the absence of a sale because an action of the owner resulted in a parcel which no longer met the minimum acreage requirement. This does not preclude one from reading the remainder of the subsection if a parcel does meet the minimum acreage requirements and the owner will make the proper attestation. 4) I do not know all of the details of this case, but if the owner has attested to the fact that the remaining 133 acres will remain in a use compatible with the land use article, then I do not believe that Roanoke County is justified in imposing a roll back tax. 5) As I have stated, Section 58.1-3241 (A) of the Code of Virginia (both paragraphs) must be read in its entirety. Paragraph 1 sets up the conditions for imposing the roll back tax in the event of a division of property while paragraph 2 enumerates the conditions which, if met, will excuse the property from any provisions of this subsection (Subsection B which has been excluded in our discussions provides for combining contiguous acreage located in separate jurisdictions for purposes of meeting the minimum acreage requirements referenced in Subsection A) . 6) Roanoke County is one of two localities that share the same interpretation of this statute. Chestefield County has already been discussed. The third locality to which you refer, Loudoun County, was contacted by telephone, and they do not share Chesterfield's interpretation. 7) Although the law must speak for itself, my opinion of the meaning and purpose of Section 58.1-3241(A) is to provide for the roll back tax to be imposed on parcels that are subdivided if the remaining parcels do not meet the minimum acreage and use requirements. The public policy or goal that it promotes is that enumerated in Section 58.1-3229 of the Code which was provided to Dr. Nickens in my letter of December 21, 1999. To the extent that tax relief provides an incentive for owners of property to continue uses compatible with this program, the imposition of back taxes provides a disincentive for such property to be removed from the program. 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, ~l_ ~. H. Keith Mawyer Property Tax Manager Office of Customer Services W V W r O ti L Y/ r ~ ~ ~~ ~ r to tt~ ~t N tC~ ~ Cfl ~ N 00 r- M t` M Op to 00 M tC~ Cfl ~ N Cfl CO ~ ~ ~ ~ ~ ~ (n Cfl ~ ~ CO M ~ V Q W I- V Q Q ~ J ~ Z Q = ~ ~ ~ Q ~ ~ ~ ~ J ~ Z ~ Q ~ I- J Z Z H U U ~ > ~ O ~~ "~- • LL 0 W m Z (O (O (O co (O r N N ~' N M (fl M J J_ 2 Q' 0 Z Z H Z Z J J Q m Q Q Q U (7 Z_ a W Q U • Q-3 • • J W U d C7 Z_ a~ ~~ w Q U J J_ ~ o ~ O ~ M Z Q m H ~ Q U Z 0 0 Z° Z J J ~ 0 J J_ 2 D Z ^ • Q AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JANUARY 25, 2000 RESOLUTION 012500-4 CERTIFYING THE CLOSED MEETING WAS HELD IN CONFORMITY WITH THE CODE OF VIRGINIA WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened a closed meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of The Virginia Freedom of Information Act; and WHEREAS, Section 2.1-344.1 of the Code of Virginia requires a certification by the Board of Supervisors of Roanoke County, Virginia, that such closed meeting was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, hereby certifies that, to the best of each members knowledge: 1. Only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the closed meeting which this certification resolution applies, and 2. Only such public business matters as were identified in the motion convening the closed meeting were heard, discussed or considered by the Board of Supervisors of Roanoke County, Virginia. On motion of Supervisor McNamara to adopt the Certification Resolution; and carried by the following recorded vote: AYES: Supervisors Johnson, Minnix, Church, Nickens, McNamara NAYS: None A COPY TESTE: ~- Mary H. Allen, CMC/AAE Clerk to the Board of Supervisors cc: File Closed Session File A-012500-5 ACTION N0. ITEM NUMBER ~t' ~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: January 25, 2000 AGENDA ITEM: Request to rescind the administrative application of roll-back taxes on separated or split-off lots or parcels of land in the use value assessment program; appropriate funds from the general Fund and notify the property owners. COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Following a work session on the above subject, Supervisor Church moved to rescind the County's administrative application of roll-back taxes on separated or split-off lots or parcels of land in the use value assessment program. This application of roll back taxes began in August, 1999. This action is based upon an administrative opinion from the State Department of Taxation. This action also authorizes and appropriates funds from the General Fund to pay any refunds of roll-back taxes. County staff shall notify the property owners and participants in the real estate conveyances affected by this interpretation, determine if refunds would besought, and if written notice of future uses compatible with the land use program will be submitted. ACTION VOTE No Yes Abs Approved (x) Denied ( ) Received ( ) Referred ( ) To ( ) Motion by: H. Odell Minnix to aeprove Church _ x Harrison _ x _ McNamara_ x _ Minnix _ x _ Nickens x cc: File Paul M. Mahoney, County Attorney John Birckhead, Director, Real Estate Valuation Diane D. Hyatt, Director, Finance r~`~- '~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JANUARY 25, 2000 RESOLUTION 012500-6.a SUPPORTING THE TEA-21 GRANT APPLICATION FOR PHASE II OF THE BLUE RIDGE PARKWAY INTERPRETIVE CENTER. WHEREAS, the Transportation Enhancement Act for the 21st Century (TEA-21) was signed into federal law in June 1998, and WHEREAS, the Act authorizes $18.5 million a year through 2003 in Virginia for transportation enhancement, and WHEREAS, a transportation enhancement grant application has been submitted by Roanoke County for Phase II of the Blue Ridge Parkway Interpretive Center, for exhibit fabrication and installation, audio-visual equipment and facilities, related upfit and landscaping; and WHEREAS, the purpose of the Interpretive Center is to orient visitors to the Blue Ridge Parkway and surrounding region and to interpret the cultural heritage, scenic qualities and recreational features of the Parkway region in this area of Virginia and to provide tourist information about attractions in the Roanoke Valley and western Virginia, and WHEREAS, the grant application requests $500,000 in TEA-21 funds, matched by $167,000 in National Park Service and Roanoke County in-kind services and private donations, and WHEREAS, each grant application must be accompanied by a resolution of support from the local government by January 31, 2000; BE IT THEREFORE RESOLVED, that the Board of Supervisors of Roanoke County supports the TEA-21 grant application for Phase II of the Blue Ridge Parkway Interpretive Center. On motion of Supervisor Nickens to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Minnix, Church, Nickens, McNamara NAYS: None A COPY TESTE: 5'~La~- _~. ~ Mary H. Allen, CMC/AAE Clerk to the Board of Supervisors cc: File Arnold Covey, Director, Community Development Janet Scheid, Senior Planner Joyce Waugh, Assistant Director, Economic Development AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JANUARY 25, 2000 RESOLUTION 012500-6.b SUPPORTING THE TEA-21 GRANT APPLICATION FOR PHASE I OF THE ROANOKE RIVER GREENWAY PROJECT WHEREAS, the Transportation Enhancement Act for the 21st Century (TEA-21) was signed into federal law in June 1998, and WHEREAS, the Act authorizes $18.5 million a year through 2003 in Virginia for transportation enhancement, and WHEREAS, a transportation enhancement grant application has been submitted by Roanoke County and the City of Salem for Phase 1 of the Roanoke River Greenway project, a 7.2 mile section in western Roanoke County and the City of Salem, and WHEREAS, the grant application requests $1.6 million in TEA-21 funds, matched by $527,000 in right-of-way donations, in-kind services and capital funds, and WHEREAS, Roanoke County's share of the capital funds would be $76,000 over three years or approximately $25,000 per year, and WHEREAS, the Roanoke River Greenway is considered the backbone of the Roanoke Valley greenway system, and WHEREAS, each grant application must be accompanied by a resolution of support from the local government by January 31, 2000; BE IT THEREFORE RESOLVED, that the Board of Supervisors of Roanoke County supports the TEA-21 grant application for Phase I of the Roanoke River Greenway project. On motion of Supervisor Nickens to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Minnix, Church, Nickens, McNamara NAYS: None A COPY TESTE: ,~- ~. Mary H. Allen, CMC/AAE Clerk to the Board of Supervisors cc: File Arnold Covey, Director, Community Development Janet Scheid, Senior Planner Joyce Waugh, Assistant Director, Economic Development Elizabeth Belcher, Greenway Coordinator AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JANUARY 25, 2000 RESOLUTION 012500-6.c SUPPORTING THE TEA-21 GRANT APPLICATION FOR VIEWSHED ANALYSIS AND ACQUISITION ALONG RT. 785. WHEREAS, the Transportation Enhancement Act for the 21st Century (TEA-21) was signed into federal law in June 1998, and WHEREAS, the Act authorizes $18.5 million a year through 2003 in Virginia for transportation enhancement, and WHEREAS, a transportation enhancement grant application has been submitted by Roanoke County to identify, prioritize and obtain conservation easements through purchase or donation on viewshed areas along Virginia Scenic Byway Route 785 (Catawba/Blacksburg Road) in Roanoke County, and WHEREAS, the grant application requests $500,000 in TEA-21 funds, matched by $500,000 in land donation with no funds being requested from Roanoke County, and WHEREAS, each grant application must be accompanied by a resolution of support from the local government by January 31, 2000; BE IT THEREFORE RESOLVED, that the Board of Supervisors of Roanoke County supports the TEA-21 grant application for viewshed analysis and acquisition along Rt. 785. On motion of Supervisor Nickens to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Minnix, Church, Nickens, McNamara NAYS: None A COPY TESTE: ~~• .~~e Mary H. Allen, CMC/AAE Clerk to the Board of Supervisors cc: File Arnold Covey, Director, Community Development Janet Scheid, Senior Planner Joyce Waugh, Assistant Director, Economic Development I 1 ACTION NO. ITEM NO. "' AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: January 25, 2000 AGENDA ITEM: Public Hearing and request for adoption of Resolutions of support for Transportation Equity Act for the 21st Century - Grant Applications COUNTY ADMINISTRATOR'S COMMENTS: BACKGROUND: In June 1998 President Clinton signed into law the Transportation Equity Act for the 21st Century (TEA-21) authorizing highway, highway safety and other surface transportation programs for the next six years. TEA-21 builds on the initiatives established by ISTEA. This new Act combines the continuation and improvement of current programs with new initiatives to meet the challenges of enhancing communities and the natural environment as we provide transportation. Ten percent of each state's Surface Transportation Program (STP) funds, one element of the entire funding program, are set aside for enhancements. In Virginia, this amounts to about $18.5 million a year through 2003. By federal law, these funds must be used for transportation enhancements and for. no other purpose. SUMMARY OF INFORMATION Staff has developed TEA-21 applications for three different projects. One of the requirements of the TEA-21 grants is that a resolution of support be received by the local government. These projects qualify in separate and distinct transportation enhancement categories so therefore do not compete against each other. However, the staff and I have ranked the projects in priority as follows: Priority #1 A $500,000 grant for the Blue Ridge Parkway Interpretive Center at Virginia's Explore Park, Phase II, for exhibit fabrication and ~' ~ / 2 installation, audio-visual equipment and facilities, related upfit and landscaping. This application requests $500,000 in TEA- 21 funds, matched by $167,000 in National Park Service and Roanoke County in-kind services and private donations. Priority #2 A $1.6 million grant application submitted jointly with the City of Salem for the design and construction of Phase I of the Roanoke River Greenwav, consisting of 7.2 miles in western Roanoke County and the City of Salem. This application requests $1.6 million in TEA-21 funds, to be matched by $527,000 in right- of-way donations, in-kind services and capital funds. Roanoke County's share of the capital funds would be $76,000 over three years or approximately $25,000 per year. Priority #3 A $500,000 grant application to identify and set priorities for viewshed areas along Vircrinia Scenic Byway Route 785 (Catawba/Blacksburg Road) and to obtain conservation easements through donation and purchase. This application requests $500,000 in TEA-21 funds, matched by $500,000 in land donation. No funds would be requested from Roanoke County. STAFF RECOMMENDATION: Staff recommends that the Roanoke County Board of Supervisors concur with the priorities listed above and adopt resolutions of support for each of these grant applications. Respectfully submitted: Elmer C. Ho e County Administrator Action Approved ( ) Denied ( ) Received ( ) Referred to Motion by Vote No Yes Abs Church Johnson McNamara Minnix Nickens ~~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JANUARY 25, 2000 RESOLUTION SUPPORTING THE TEA-21 GRANT APPLICATION FOR PHASE II OF THE BLUE RIDGE PARKWAY INTERPRETIVE CENTER. WHEREAS, the Transportation Enhancement Act for the 21st Century (TEA-21) was signed into federal law in June 1998, and WHEREAS, the Act authorizes $18.5 million a year through 2003 in Virginia for transportation enhancement, and WHEREAS, a transportation enhancement grant application has been submitted by Roanoke County for Phase II of the Blue Ridge Parkway Interpretive Center, for exhibit fabrication and installation, audio-visual equipment and facilities, related upfit and landscaping; and WHEREAS, the purpose of the Interpretive Center is to orient visitors to the Blue Ridge Parkway and surrounding region and to interpret the cultural heritage, scenic qualities and recreational features of the Parkway region in this area of Virginia and to provide tourist information about attractions in the Roanoke Valley and western Virginia, and WHEREAS, the grant application requests $500,00 in TEA-21 funds, matched by $167,000 in National Park Service and Roanoke County in-kind services and private donations, and WHEREAS, each grant application must be accompanied by a resolution of support from the local government by January 31, 2000; BE IT THEREFORE RESOLVED, that the Board of Supervisors of Roanoke County supports the TEA-21 grant application for Phase II of the Blue Ridge Parkway Interpretive Center. ~.. ~' - / AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JANUARY 25, 2000 RESOLUTION SUPPORTING THE TEA-21 GRANT APPLICATION FOR PHASE I OF THE ROANOKE RIVER GREENWAY PROJECT WHEREAS, the Transportation Enhancement Act for the 21st Century (TEA-21) was signed into federal law in June 1998, and WHEREAS, the Act authorizes $18.5 million a year through 2003 in Virginia for transportation enhancement, and WHEREAS, a transportation enhancement grant application has been submitted by Roanoke County and the City of Salem for Phase 1 of the Roanoke River Greenway project, a 7.2 mile section in western Roanoke County and the City of Salem, and WHEREAS, the grant application requests $1.6 million in TEA-21 funds, matched by $527,000 in right-of-way donations, in-kind services and capital funds, and WHEREAS, Roanoke County's share of the capital funds would be $76,000 over three years or approximately $25,000 per year, and WHEREAS, the Roanoke River Greenway is considered the backbone of the Roanoke Valley greenway system, and WHEREAS, each grant application must be accompanied by a resolution of support from the local government by January 31, 2000; BE IT THEREFORE RESOLVED, that the Board of Supervisors of Roanoke County supports the TEA-21 grant application for Phase I of the Roanoke River Greenway project. ~-/ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JANUARY 25, 2000 RESOLUTION SUPPORTING THE TEA-21 GRANT APPLICATION FOR VIEWSHED ANALYSIS AND ACQUISITION ALONG RT. 785. WHEREAS, the Transportation Enhancement Act for the 21st Century (TEA-21) was signed into federal law in June 1998, and WHEREAS, the Act authorizes $18.5 million a year through 2003 in Virginia for transportation enhancement, and WHEREAS, a transportation enhancement grant application has been submitted by Roanoke County to identify, prioritize and obtain conservation easements through purchase or donation on viewshed areas along Virginia Scenic Byway Route 785 (Catawba/Blacksburg Road) in Roanoke County, and WHEREAS, the grant application requests $500,000 in TEA-21 funds, matched by $500,000 in land donation with no funds being requested from Roanoke County, and WHEREAS, each grant application must be accompanied by a resolution of support from the local government by January 31, 2000; BE IT THEREFORE RESOLVED, that the Board of Supervisors of Roanoke County supports the TEA-21 grant application for viewshed analysis and acquisition along Rt. 785. ~\ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JANUARY 25, 2000 ORDINANCE 012500-7 VACATING AND CLOSING AN UNIMPROVED AND UNUSED RIGHT-OF-WAY KNOWN AS OAK STREET IN RIVERDALE SUBDIVISION SHOWN IN PLAT BOOK 2, PAGE 83'/2, AND DEDICATED TO THE PUBLIC IN DEED RECORDED IN DEED BOOK 855, PAGE 632. WHEREAS, Petitioner Linda T. Clingenpeel is the owner of a parcel of land adjacent to Oak Street, being part of Lot 1, Section 25, shown on `Map of the Easterly Portion of Riverdale,' recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Plat Book 2, Page 83'/2, said parcel being designated on the Roanoke County Land Records as Tax Map #70.04-2-57; and, WHEREAS, Petitioners Michael Harold & Linda T. Clingenpeel are the owners of a parcel of land adjacent to Oak Street, being the major portion of Lot 10, Section 13, shown on `Map of the Easterly Portion of Riverdale,' recorded in the aforesaid Clerk's Office in Plat Book 2, Page 83'/2, said parcel being designated on the Roanoke County Land Records as Tax Map #70.04-2-58; and, WHEREAS, Petitioners Dennis A. & Maxine C. Musselman are the owners of a parcel of land adjacent to Oak Street, being the eastern'/2 of Lot 11, Section 13, shown on `Map of the Easterly Portion of Riverdale,' recorded in the aforesaid Clerk's Office in Plat Book 2, Page 83'/2, said parcel being designated on the Roanoke County Land Records as Tax Map #70.04-2-14; and, WHEREAS, the Petitioners have requested that the Board of Supervisors of Roanoke County, Virginia, vacate and close Oak Street, which is an unimproved, unused right-of-way, measuring 40' in width and approximately 913.30' in length, extending from Highland Road to Eastland Road, being shown and created on the plat entitled `Map of the Easterly Portion of Riverdale' recorded as aforesaid in Plat Book 2, Page 83'/2, and being designated on the Roanoke County Land Records as Tax Map #70.04-2-67; and, WHEREAS, all of the streets, avenues, roads and alleys shown on the plat of Riverdale, recorded in Plat Book 2, Page 83 and 83'/2, including Oak Street, were dedicated to the public by Deed of Release and Dedication dated June 24, 1968, from Benjamin E. Chapman, Special Receiver of Riverdale Farm Corporation, recorded in the aforesaid Clerk's Office in Deed Book 855, page 632; and, WHEREAS, §15.2-2272.2 of the Code of Virginia (1950, as amended) requires that such action be accomplished by the adoption of an ordinance by the governing body; and, WHEREAS, notice has been given as required by §15.2-2204 of the Code of Virginia (1950, as amended), and the first reading of this ordinance was held on January 11, 2000; the public hearing and second reading of this ordinance was held on January 25, 2000. NOW THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That an unimproved, unused right-of-way, situate in the Vinton Magisterial District and known as Oak Street, measuring 40' in width and approximately 920' in length, extending from Highland Road to Eastland Road as shown and created on the plat entitled `Map of the Easterly Portion of Riverdale' recorded as aforesaid in Plat Book 2, Page 83'/2, and designated on the Roanoke County Land Records as Tax Map #70.04-2-67, said right- of-way having been dedicated to the public by Deed of Release and Dedication dated June 24, 1968, and recorded in the aforesaid Clerk's Office in Deed Book 855, page 632, be, and 2 hereby is, vacated and closed pursuant to Section 15.2-2272 of the Code of Virginia (1950, as amended), subject to the following conditions: a. That a perpetual public utility easement, forty feet (40') in width and approximately 920' in length, extending from Highland Road to Eastland Road, together with the right of ingress and egress thereto from a public road, is hereby reserved and retained. The location of said easement is shown highlighted and designated as "AREA TO BE VACATED" on the `Map Showing Area To Be Vacated Tax Map No. 70.04-2-67' attached hereto as Exhibit A and made a part hereof. b. That fee simple title to Oak Street shall vest in the owners of the abutting properties as provided in §15.2-2274 of the Code of Virginia (1950, as amended), subject to the above-described public utility easement and subject to the condition that the vacated area of land shall be added and combined, by deed or by plat, to said abutting properties, in compliance with the Roanoke County Subdivision and Zoning Ordinances, and other applicable laws and regulations. c. That all costs and expenses associated herewith, including but not limited to publication, survey and recordation costs, shall be the responsibility of the Petitioners; and, 2. That the County Administrator, an Assistant County Administrator, or any County Subdivision Agent is hereby authorized to execute such documents and take such actions as may be necessary to accomplish the provisions of this ordinance, all of which shall be on form approved by the County Attorney. 3. That this ordinance shall be effective on and from the date of its adoption, and a certified copy of this ordinance shall be recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in accordance with §15.2-2272.2 of the Code of Virginia (1950, as amended). On motion of Supervisor Nickens to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Johnson, Minnix, Church, Nickens, McNamara 3 NAYS: None A COPY TESTE: ,~• Mary H. Allen, CMC/AAE Clerk to the Board of Supervisors cc: File Arnold Covey, Director, Community Development Terry Harrington, County Planner Paul M. Mahoney, County Attorney John W. Birckhead, Director, Real Estate Assessment 4 ,- EX}~IBIT A r Ac 8 ,oo ~° 9 . ~~ o~ ,,~~ 10 °` ~ 11. ~~ 7j ~~ oa ~ 13 . so ~ 1 ~ . ~2R ~~o ~ ~ '~a ~~~ ass ,2~ °` a 8ss 'oo 6 0 . `30 703 ~ti. ~ ~ S ~ ~~ ~1 S °` h ~ e ~ ^"~ °` 5~ 5g. 5 o~ oo - ~° :, ~ ~. ~, AREA TO VACATE 15. 2.9 0 Ac. 16. 2.08 Ac. \7 / 2 5 _ ~ .. _.... 1.25 Ac. 2.04 Ac. / 'a6 3 ~^ " 55. Mo >> ~~/ ;7 .~ e .~ 5~. 2.47 Ac. ROANOKE COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT Map Showing Area To Be Vacated Tax Map No. 70.04-2-67 r 1 ACTION NO. ITEM NO. ~'" AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: January 25, 2000 AGENDA ITEM: Second Reading and Public Hearing; Request to Vacate an Undeveloped Portion of the 40 foot wide Oak Street Right-of-Way located between Highland Road and Eastland Road in the Vinton Magisterial District upon the Petition of Michael and Linda Clingenpeel and Dennis and Maxine Musselman COUNTY ADMINISTRATOR'S COMMENTS: / C~~rvh'Y~'K BACKGROUND' Michael and Linda Clingenpeel and Dennis and Maxine Musselman have requested that a 920 foot long, 40 foot wide unimproved public right-of-way known as Oak Street be vacated. The petitioners are property owners adjacent to the right-of-way. If vacated by Roanoke County, the right-of-way will be available for combination with the adjacent properties owned by the Clingenpeel's and Musselman's and a third adjacent property, controlled by the estate of R.S. Milton Staff has reviewed this request and has contacted all agencies that have or may have a future interest in this right- of-way. As a result of this review, staff believes it is appropriate to vacate the right-of-way, yet reserve for public use, a public utility easement. A first reading of this ordinance was held on January 11, 2000. No changes to this request or ordinance have been made since that time. ~~ 2 STAFF RECOMMENDATION: Staff recommends as follows: 1. That the Board of Supervisors hold a public hearing and second reading of an ordinance vacating an unimproved portion of the described Oak Street right-of-way, with the reservation of a public utility easement for public use. Respectfully Submitted, Approved, ~'~, Terrance L ~ Harr gton, AICP Elmer C. Hodge Departme~t~ of C~munity Development County Administrator Action Approved Denied Received Referred to Motion by Vote No Yes Abs Church Johnson McNamara Minnix Nickens S~! AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JANUARY 25, 2000 ORDINANCE VACATING AND CLOSING AN UNIlVIPROVED AND UNUSED RIGHT-OF-WAY KNOWN AS OAK STREET IN RIVERDALE SUBDIVISION SHOWN IN PLAT BOOK 2, PAGE 83'/z, AND DEDICATED TO THE PUBLIC IN DEED RECORDED IN DEED BOOK 855, PAGE 632. WHEREAS, Petitioner Linda T. Clingenpeel is the owner of a parcel of land adjacent to Oak Street, being part of Lot 1, Section 25, shown on `Map of the Easterly Portion of Riverdale,' recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Plat Book 2, Page 83'h, said parcel being designated on the Roanoke County Land Records as Tax Map #70.04-2-57; and, WHEREAS, Petitioners Michael Harold & Linda T. Clingenpeel are the owners of a parcel of land adjacent to Oak Street, being the major portion of Lot 10, Section 13, shown on `Map of the Easterly Portion of Riverdale,' recorded in the aforesaid Clerk's Office in Plat Book 2, Page 83'h, said parcel being designated on the Roanoke County Land Records as Tax Map #70.04-2-58; and, WHEREAS, Petitioners Dennis A. & Maxine C. Musselman are the owners of a parcel of land adjacent to Oak Street, being the eastern '/2 of Lot 11, Section 13, shown on `Map of the Easterly Portion of Riverdale,' recorded in the aforesaid Clerk's Office in Plat Book 2, Page 83'/2, said parcel being designated on the Roanoke County Land Records as Tax Map #70.04-2-14; and, WHEREAS, the Petitioners have requested that the Board of Supervisors of Roanoke County, Virginia, vacate and close Oak Street, which is an unimproved, unused right-of--way, measuring 40' in width and approximately 913.30' in length, extending from Highland Road to Eastland Road, being shown and created on the plat entitled `Map of the Easterly Portion of s-~ Riverdale' recorded as aforesaid in Plat Book 2, Page 83'/2, and being designated on the Roanoke County Land Records as Tax Map #70.04-2-67; and, WHEREAS, all of the streets, avenues, roads and alleys shown on the plat of Riverdale, recorded in Plat Book 2, Page 83 and 83'/z, including Oak Street, were dedicated to the public by Deed of Release and Dedication dated June 24, 1968, from Benjamin E. Chapman, Special Receiver ofRiverdale Farm Corporation, recorded in the aforesaid Clerk's Office in Deed Book 855, page 632; and, WHEREAS, §15.2-2272.2 of the Code of Virginia (1950, as amended) requires that such action be accomplished by the adoption of an ordinance by the governing body; and, WHEREAS, notice has been given as required by § 15.2-2204 of the Code of Virginia (1950, as amended), and the first reading of this ordinance was held on January 11, 2000; the public hearing and second reading of this ordinance was held on January 25, 2000. NOW THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That an unimproved, unused right-of--way, situate in the Vinton Magisterial District and known as Oak Street, measuring 40' in width and approximately 920' in length, extending from Highland Road to Eastland Road as shown and created on the plat entitled `Map of the Easterly Portion of Riverdale' recorded as aforesaid in Plat Book 2, Page 83'/2, and designated on the Roanoke County Land Records as Tax Map #70.04-2-67, said right-of--way having been dedicated to the public by Deed of Release and Dedication dated June 24, 1968, and recorded in the aforesaid Clerk's Office inDeed Book 855, page 632, be, and hereby is, vacated and closed pursuant to Section 15.2-2272 of the Code of Virginia (1950, as amended), subject to the following conditions: 2 S-~ a. That a perpetual public utility easement, forty feet (40') in width and approximately 920' in length, extending from Highland Road to Eastland Road, together with the right of ingress and egress thereto from a public road, is hereby reserved and retained. The location of said easement is shown highlighted and designated as "AREA TO BE VACATED" on the `Map Showing Area To Be Vacated Tax Map No. 70.04-2-67' attached hereto as Exhibit A and made a part hereof. b. That fee simple title to Oak Street shall vest in the owners of the abutting properties as provided in §15.2-2274 of the Code of Virginia (1950, as amended), subject to the above-described public utility easement and subject to the condition that the vacated area of land shall be added and combined, by deed or by plat, to said abutting properties, in compliance with the Roanoke County Subdivision and Zoning Ordinances, and other applicable laws and regulations. c. That all costs and expenses associated herewith, including but not limited to publication, survey and recordation costs, shall be the responsibility of the Petitioners; and, 2. That the County Administrator, an Assistant County Administrator, or any County Subdivision Agent is hereby authorized to execute such documents and take such actions as maybe necessary to accomplish the provisions of this ordinance, all of which shall be on form approved by the County Attorney. That this ordinance shall be effective on and from the date of its adoption, and a certified copy of this ordinance shall be recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in accordance with § 15.2-2272.2 of the Code of Virginia (1950, as amended). G:\ATTORNEY\VLH\AGENDA\VACATE\OAK.wpd EXHIBIT A ~~ Ac 8 'oo ,..a ~1 o ~ ~~~ ~ ~ ~s Ala x ~ ~~~1Q Bs~Q' ,~ 11. so 0 14 . _ '~~ ~,~ ~ . SSS ; 2A ~ 0 8s s 'oo `30 70 W S ~ ''~ ~~6 '~3 ;s ti' 72. ~^ ^~ ,o ;~ ~~ 61 S 2s _ ; ~ °` 5 ~ o ~ o0 ~~ 1~. 2.08 Ac. 15 3 N / 55. 54. ~,~ 2.47 Ac. ~>> ~~ / / / X86 / •3 ROANOKE COUNTY Map Showing Area DEPARTMENT OF To Be Vacated COMMUNITY DEVELOPMENT Tax Map No. 70.04-2-67 -, AREA TO vacATE 15. 2.10 Ac. / ~ / ~`~ 5'~. ~ 5~. .. 1.25 Ac. 2 04 Ac --~i AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JANUARY 25, 2000 ORDINANCE 012500-8 VACATING AND CLOSING AN UNIMPROVED AND UNUSED PORTION OF 50' RIGHT-OF-WAY KNOWN AS GOFF ROAD LYING BETWEEN LOT 2, BLOCK 11 (TAX MAP #18.17-3-3), AND LOT 1, BLOCK 14 (TAX MAP #27.06-1 -1 ), IN SECTION NO. 1, NORTH BURLINGTON HEIGHTS SUBDIVISION SHOWN IN PLAT BOOK 3, PAGE 57 WHEREAS, Petitioner Margaret H. Camper is the owner of a parcel of land adjacent to a portion of Goff Road, said parcel being Lot 2, Block 11, of `Map Showing Section No. 1, North Burlington Heights' recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Plat Book 3, page 57, and designated on the Roanoke County Land Records as Tax Map #18.17-3-3; and, WHEREAS, Petitioners Alva F. & Myrtle W. Pullen are the owners of a parcel of land adjacent to a portion of Goff Road, said parcel being Lot 1, Block 14, of 'Map Showing Section No. 1, North Burlington Heights' recorded in the aforesaid Clerk's Office in Plat Book 3, page 57, and designated on the Roanoke County Land Records as Tax Map #27.06-1-1; and, WHEREAS, the Petitioners have requested that the Board of Supervisors of Roanoke County, Virginia, vacate and close the portion of Goff Road lying between the above-described lots, which is an unimproved, unused right-of-way, measuring 50' in width and approximately 250' in length, extending northeasterly from Enon Drive (Route 1806) between Lot 2, Block 11, and Lot 1, Block 14, of Section No. 1, North Burlington Heights Subdivision, being shown and created on the plat entitled `Map Showing Section No. 1, North Burlington Heights' recorded in the aforesaid Clerk's Office in Plat Book 3, page 57; and, WHEREAS, §15.2-2272.2 of the Code of Virginia (1950, as amended) requires that such action be accomplished by the adoption of an ordinance by the governing body; and, WHEREAS, notice has been given as required by §15.2-2204 of the Code of Virginia (1950, as amended), and the first reading of this ordinance was held on January 11, 2000; the public hearing and second reading of this ordinance was held on January 25, 2000. NOW THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That an unimproved, unused right-of-way, situate in the Hollins Magisterial District and known as a portion of Goff Road, measuring 50' in width and approximately 250' in length, extending northeasterly from Enon Drive (Route 1806) between Lot 2, Block 11 (Tax Map #18.17-3-3) and Lot 1, Block 14 (Tax Map #27.06-1-1 ), of Section No. 1, North Burlington Heights Subdivision, being shown and created on the plat entitled `Map Showing Section No. 1, North Burlington Heights' recorded in the aforesaid Clerk's Office in Plat Book 3, page 57, and further shown and designated as "RIGHT-OF-WAY TO BE VACATED (.32 Ac.)" on Exhibit A attached hereto and incorporated herein, be, and hereby is, vacated and closed to the extent that any public or County interest may exist, pursuant to Section 15.2-2272 of the Code of Virginia (1950, as amended), subject to the following conditions: a. That a perpetual water and sewer easement, public utility easement, and public access trail and greenway easement, fifty feet (50') in width, and extending northeasterly from Enon Drive (Route 1806) between Lot 2, Block 11 (Tax Map #18.17-3-3) and Lot 1, Block 14 (Tax Map #27.06-1-1 ), of Section No. 1, North Burlington Heights Subdivision, a distance of approximately 250 feet, to construct, install, improve, operate, inspect, use, maintain, remove, monitor, repair or replace present or future public access trail(s) and water, sewer, or public utility lines, pipes, courses, ditches, facilities, systems and other 2 necessary or related structures, appurtenances and improvements, together with the right of ingress and egress thereto from a public road, is hereby reserved and retained. The location of said easement is shown and designated as "RIGHT OF WAY TO BE VACATED (.32 Ac.)" on the `Map Showing Right-of-Way To Be Vacated Between Tax Map No. 18.17-3-3 & 27.06-1-1 ,' prepared by the Roanoke County Department of Community Development, attached hereto as Exhibit A and made a part hereof. b. That fee simple title to the subject portion of Goff Road shall vest as provided bylaw, subject to the above-described easements reserved in subparagraph a. above and subject to the condition that the vacated area of land shall be added and combined, by deed or by plat, to abutting properties, in compliance with the Roanoke County Subdivision and Zoning Ordinances, and other applicable laws and regulations. c. That all costs and expenses associated herewith, including but not limited to publication, survey and recordation costs, shall be the responsibility of the Petitioners; and, 2. That the County Administrator, an Assistant County Administrator, or any County Subdivision Agent is hereby authorized to execute such documents and take such actions as may be necessary to accomplish the provisions of this ordinance, all of which shall be on form approved by the County Attorney. 3. That this ordinance shall be effective on and from the date of its adoption, and a certified copy of this ordinance shall be recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in accordance with §15.2-2272.2 of the Code of Virginia (1950, as amended). On motion of Supervisor Johnson to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Johnson, Minnix, Church, Nickens, McNamara NAYS: None 3 A COPY TESTE: • <~c./ Mary H. Allen, CMC/AAE Clerk to the Board of Supervisors cc: File Arnold Covey, Director, Community Development Terry Harrington, County Planner Paul M. Mahoney, County Attorney John W. Birckhead, Director, Real Estate Assessment 4 ROA1VO~f~' Cfl U1VT~' DEP~i~T~FNT OF COMMUNITY D~'~LLflF~'~'N'" 4 1 ~ 1 ACTION NO. ITEM NO. '~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: January 25, 2000 AGENDA ITEM: Request to Vacate an Undeveloped Portion of the 50 foot wide Goff Road Right-of-Way located at the Intersection of Enon Drive in North County in the Hollins Magisterial District upon the Petition of Alva and Myrtle Pullen and Margaret Camper COUNTY ADMINISTRATOR'S COMMENTS: BACKGROUND' Alva and Myrtle Pullen and Margaret Camper have requested that a 250 foot long, 50 foot wide unimproved public right-of-way known as Goff Road be vacated. The petitioners are property owners adjacent to the right-of-way. If vacated by Roanoke County, the right-of-way will be combined with the adjacent properties owned by the Pullen's and Ms. Camper. Staff has reviewed this request and has contacted all agencies that have or may have a future interest in this right- of-way. As a result of this review, staff believes it is appropriate to vacate the right-of-way, yet reserve for public use, public utility, public water and sewer, and public greenway easements. At first reading of this ordinance held on January 11, 2000, the Board of Supervisors requested information on the possible need for this right-of-way in conjunction with the development of the adjacent 40+ acre tract for commercial or industrial purposes. This adjacent property was rezoned to C-2 Conditional in 1990. David Porter and I have reviewed access options for this tract, and have concluded that the right-of-way proposed for vacation is not necessary or desirable as a point of future vehicular access to this site. S-a 2 The attached exhibit shows possible access options for this site. Desirable access to the site would be an extension of Friendship Lane to the property, and/or direct access from Carvins Street. Access from either or both of these points was discussed with VDOT in 1990, and conditions on the 1990 rezoning restrict access to these two options. Three unimproved public rights-of-way abut the west side of this economic development site. These are extensions of Dallas Road, Tinkerdale Road, and Goff Road, three residential streets. These are not desirable commercial access points as they would funnel commercial traffic into this R-1 residential neighborhood. STAFF RECOMMENDATION: Staff recommends as follows: 1. That the Board of Supervisors hold second reading and public hearing on an ordinance vacating an unimproved portion of the Goff Road right-of-way, with the reservation of public utility, water and sewer, and greenway easements for public use. Respectfully Submitted, Terrance L.~ Har ngton, AICP Department'~of ommunity Development Approved, 1~ Elmer C. odg County Administrator Action Approved ( ) Denied ( ) Received ( ) Referred to Motion by Church Johnson McNamara Minnix Nickens Vote No Yes Abs ROANOIfE COUNTY Map Showing Right--of-Way To Be DEPARTMENT OF Vacated & Ta Reuert Bac?c To Adjacent COM_MUNI?'Y D~'Y~'LOPMENT Pro~nerty Owners Tax Map No. 18.17-3-3 & 27.06-1-1 ~OANOKE COUNTY I)~'FA~TMENT aF COM~'UNITY DEVELOPr~ENT S-~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JANUARY 25, 2000 ORDINANCE VACATING AND CLOSING AN UNIMPROVED AND UNUSED PORTION OF 50' RIGHT-OF-WAY KNOWN AS GOFF ROAD LYING BETWEEN LOT 2, BLOCK 11 (TAX MAP #18.17-3-3), AND LOT 1, BLOCK 14 (TAX MAP #27.06-1-1), IN SECTION NO. 1, NORTH BURLINGTON HEIGHTS SUBDIVISION SHOWN IN PLAT BOOK 3, PAGE 57 WHEREAS, Petitioner Margaret H. Camper is the owner of a parcel of land adjacent to a portion of Goff Road, said parcel being Lot 2, Block 11, of `Map Showing Section No. 1, North Burlington Heights' recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Plat Book 3, page 57, and designated on the Roanoke County Land Records as Tax Map # 18.17-3-3; and, WHEREAS, Petitioners Alva F. & Myrtle W. Pullen are the owners of a parcel of land adjacent to a portion of Goff Road, said parcel being Lot 1, Block 14, of `Map Showing Section No. 1, North Burlington Heights' recorded in the aforesaid Clerk's Office in Plat Book 3, page 57, and designated on the Roanoke County Land Records as Tax Map #27.06-1-1; and, WHEREAS, the Petitioners have requested that the Board of Supervisors of Roanoke County, Virginia, vacate and close the portion of Goff Road lying between the above-described lots, which is an unimproved, unused right-of--way, measuring 50' in width and approximately 250' in length, extending northeasterly from Enon Drive (Route 1806) between Lot 2, Block 11, and Lot 1, Block 14, of Section No. 1, North Burlington Heights Subdivision, being shown and created on the plat entitled `Map Showing Section No. 1, North Burlington Heights' recorded in the aforesaid Clerk's Office in Plat Book 3, page 57; and, WHEREAS, § 15.2-2272.2 of the Code of Virginia (1950, as amended) requires that such action be accomplished by the adoption of an ordinance by the governing body; and, ~.d. WHEREAS, notice has been given as required by §15.2-2204 of the Code of Virginia (1950, as amended), and the first reading of this ordinance was held on January 11, 2000; the public hearing and second reading of this ordinance was held on January 25, 2000. NOW THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That an unimproved, unused right-of--way, situate in the Hollins Magisterial District and known as a portion of Gofl'Road, measuring 50' in width and approximately 250' in length, extending northeasterly from Enon Drive (Route 1806) between Lot 2, Block 11 (Tax Map # 18.17-3-3) and Lot 1, Block 14 (Tax Map #27.06-1-1), of Section No. 1, North Burlington Heights Subdivision, being shown and created on the plat entitled `Map Showing Section No. 1, North Burlington Heights' recorded in the aforesaid Clerk's Office in Plat Book 3, page 57, and further shown and designated as "RIGHT-OF-WAY TO BE VACATED (.32 Ac.)" on Exhibit A attached hereto and incorporated herein, be, and hereby is, vacated and closed to the extent that any public or County interest may exist, pursuant to Section 15.2-2272 of the Code of Virginia (1950, as amended), subject to the following conditions: a. That a perpetual water and sewer easement, public utility easement, and public access trail and greenway easement, fifty feet (50') in width, and extending northeasterly from Enon Drive (Route 1806) between Lot 2, Block 11(Tax Map # 18.17-3-3) and Lot 1, Block 14 (Tax Map #27.06-1-1), of Section No. 1, North Burlington Heights Subdivision, a distance of approximately 250 feet, to construct, install, improve, operate, inspect, use, maintain, remove, monitor, repair or replace present or future public access trail(s) and water, sewer, or public utility lines, pipes, courses, ditches, facilities, systems and other necessary or related structures, appurtenances and improvements, together with the right of ingress and egress thereto from a public road, is hereby reserved and retained. The location of said easement is shown and designated as "RIGHT OF WAY TO BE VACATED (.32 Ac.)" on the `Map Showing Right-of--Way To Be Vacated Between Tax Map No. 18.17-3-3 & 27.06-1-1,' prepared by the Roanoke County Department of Community Development, attached hereto as Exhibit A and made a part hereof. b. That fee simple title to the subject portion of Goff Road shall vest as provided by law, subject to the above-described easements reserved in subparagraph a. 2 ~w above and subject to the condition that the vacated area of land shall be added and combined, by deed or by plat, to abutting properties, incompliance with the Roanoke County Subdivision and Zoning Ordinances, and other applicable laws and regulations. c. That all costs and expenses associated herewith, including but not limited to publication, survey and recordation costs, shall be the responsibility of the Petitioners; and, 2. That the County Administrator, an Assistant County Administrator, or any County Subdivision Agent is hereby authorized to execute such documents and take such actions as may be necessary to accomplish the provisions of this ordinance, all of which shall be on form approved by the County Attorney. 3. That this ordinance shall be effective on and from the date of its adoption, and a certified copy of this ordinance shall be recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in accordance with §15.2-2272.2 of the Code of Virginia (1950, as amended). G:\ATTORNEY\ VLH\AGENDA\ Vacate\GofERoad.ord.wpd 3 J~ {.I~. Ac.(D) i Ac. C g~ '~ i ~. o 1 `~ ° > a ~ ~~ n ~' ' r37,.`•5 Tax Map SIGHT-OF-WAY TO BE 'so ~0 78.17-3-3 VACATED 1 ~ ` 7.0 Ac. .,., (.32 Ac.) Proper`y of ~ `so ~~ Margoret H. Camper 6GC~ n+ . 1~ ~ \1 r~d~, r `~ ~ '`a3 `L Tax Map / 27.46-1-t ~k ' 90~ v_ _ ~- ~~ Property of Via?+' Alva F. & Myrtle W. Pu~en ,;, 1.4 Ac. $~~~ ~jc9 ~ ~~ ~~ ~~ ~oxxi! Sho~.ving Right--of- i~rxy ROANf~~f~'' CaUI+ITY DE'r~AR3'.Dd.F'1VT OF To Be Vacated Between C®14t1KU1?ITY .I3EV~'D0~1~~`NT Ta.;, M~,v No. 18.17-3-3 & 27. £1&-1-1 E%HIIBIT A ~~!'~ ~- a ~~~~~~%~ ~,,-~G~'` AGENDA ITEM NO. ,2 1838 ~~~ ~ ~ APPEARANCE REQUEST PUBLIC HEARING ORDINANCE ~~CITIZEN COMMENTS SUBJECT: ~~~ ~~ ~~j~; 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 .4B/DE BY THE GU/DEL/IVES 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 ale 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: .S ~~ vn~~-, C ~~ ~ f <<~ ADDRESS: !~~ I~~ PHONE: `~ ~ ,~ ~ ~~ ~~ 0~ ROAN ~F L ti ~ ~ p z c> :z ~ ,: a, 1838 MARY H. ALLEN, CMC CLERK TO THE BOARD Cn~a~xr~ ~~ ~~xx~x~.~.~e P.O. BOX 29800 5204 BERNARD DRIVE ROANOKE, VIRGINIA 24018-0798 (703) 772-2005 FAX (703) 772-2193 February 1, 2000 Mr. Brian Hamilton Economic Development Specialist Roanoke County P. O. Box 29800 Roanoke, VA 24018 Dear Brian: BRENDA J. HOLTON DEPUTY CLERK I am pleased to inform you that, at their meeting held on Tuesday, January 25, 2000, the Board of Supervisors voted unanimously to ratify your reappointment as a member of the Southwest Development Financing, Inc. This appointment is for another two year term which will expire January 12, 2002. State law provides that any person elected, re-elected, or appointed to any public body be furnished a copy of the Freedom of Information Act. Your copy is enclosed. On behalf of the Supervisors and the citizens of Roanoke County, please accept our sincere thanks and appreciation for your willingness to accept this appointment. Sincerely, Mary H. Allen, CMC/AAE Clerk to the Board of Supervisors bj h Enclosure cc: Steve Collett, Coordinator Southwest Development Financing, Inc. 1173 West Main Street Abingdon, VA 24210 ® Recyded Paper pOANp~.~ ti A ~ ~ 1838 P.O. BOX 29800 5204 BERNARD DRIVE MARY H. ALLEN, CMC ROANOKE, VIRGINIA 2401 8-0798 BRENDA J. HOLTON CLERK TO THE BOARD (540) 772-2005 DEPUTY CLERK Intemet E-Mail: mallen@www.co.roanoke.va.us ~'e'~(ruaiy'1~, ~'V VO Internet E-Mail: bholton@www.co.roanoke.va.us Mr. David Porter, Director Department of Economic Development Roanoke County P. O. Box 29800 Roanoke, VA 24018 Dear Mr. Porter: I am pleased to inform you that, at their meeting held on Tuesday, January 25, 2000, the Board of Supervisors voted unanimously to ratify your appointment as a representative from Roanoke County to Virginia's First Regional Industrial Facility Authority. You will be completing the unexpired portion of the four year term of Timothy W. Gubala, former Director of Economic Development. This term began on September 24, 1998 and will expire on September 24, 2002. State law provides that any person elected, re-elected, or appointed to any public body be furnished a copy of the Freedom of Information Act. Your copy is enclosed. State law requires that you take an oath of office before the Clerk of the Roanoke County Circuit Court. This oath must be administered prior to your participation on this authority. Please telephone Steven A. McGraw, at 387-6205, to arrange to have this oath administered, and Mr. McGraw has asked that you bring this letter with you. Also, please ask Mr. McGraw to forward a certified copy of your oath to the Clerk's Office to be sent to Mr. Dave Rundgren. On behalf of the Supervisors and the citizens of Roanoke County, please accept our sincere thanks and appreciation for your willingness to accept these appointments. Sincerely, ~• Mary H. Allen, CMC/AAE Clerk to the Board of Supervisors bj h Enclosures cc: Steven A. McGraw, Clerk, Circuit Court Dave Rundgren James E. Cornwell, Jr., Esq. ® Recycled Paper A AN ,~. F ~ ~ a2 ~~~~~ ~~ ~~xxr~.~.~ 1838 P.O. BOX 29800 5204 BERNARD DRIVE MARY H. ALLEN, CMC ROANOKE, VIRGINIA 24018-0798 CLERK TO THE BOARD (703) 772-2005 FAX (703) 772-2193 February 1, 2000 Mr. James E. Cornwell, Jr., Esq. Sands, Anderson, Marks & Miller P. O. Box 1052 Radford, VA 24141-0052 Dear Mr. Cornwell: BRENDA J. HOLTON DEPUTY CLERK Please make the following changes in the appointment of members from Roanoke County. These appointments were approved at the January 11 and January 25, 2000 Board meetings. Members: Bob L. Johnson. Supervisor, Roanoke County Board of Supervisors, P. O. Box 29800, Roanoke, VA 24018-0798 No change -Four year term will expire 09/24/2002 David Porter, Director, Economic Development, P. O. Box 29800, Roanoke, VA 24018-0798 Completing unexpired four year term of Timothy Gubala, which will expire 9/24/2002 Alternates: Joseph B. "Butch" Church, Supervisor, Roanoke County Board of Supervisors, P. O. Box 29800, Roanoke, VA 24018-798 Completing unexpired four year term of Fenton F. Harrison which will expire 9/24/2002 Joyce W. Waugh, Assistant Director, Economic Development, P. O. Box 29800, Roanoke, VA 24018-0798 No change -Four year term will expire 09/24/2002 As soon as we receive the certified copies of Supervisor Church's and Mr. Porter's oaths from the Clerk of Circuit Court, we will forward them to Mr. Rundgren. If I can provide further assistance in this matter, please let me know. Sincerely, ~- Mary H. Allen, CMC/AAE Clerk to the Board of Supervisors cc: Dave Rundgren ® Recycled paper z 'a 1 38 AOANp,~,~ i~ MARY H. ALLEN, CMC CLERK TO THE BOARD C~~~xx~# ~~ ~~xx~~.~..~ P.O. BOX 29800 5204 BERNARD DRIVE ROANOKE, VIRGINIA 24018-0798 (703) 772-2005 FAX (703) 772-2193 February 1, 2000 Mr. David Porter, Director Economic Development Department Roanoke County P. O. Box 29800 Roanoke, VA 24018 Dear David: BRENDA J. HOLTON DEPUTY CLERK I am pleased to inform you that, at their meeting held on Tuesday, January 25, 2000, the Board of Supervisors voted unanimously to appoint you as a member of the Roanoke Valley Convention and Visitors Bureau Board of Directors. This appointment is to complete the unexpired portion of the three year term of Timothy W. Gubala which began on July 1, 1997, and will expire on June 30, 2000. State law provides that any person elected, re-elected, or appointed to any public body be furnished a copy of the Freedom of Information Act. Your copy is enclosed. On behalf of the Supervisors and the citizens of Roanoke County, please accept our sincere thanks and appreciation for your willingness to accept this appointment. Sincerely, Mary H. Allen, CMC/AAE Clerk to the Board of Supervisors bjh Enclosure cc: Roanoke Valley Convention & Visitors Bureau 114 Market Street, SE Roanoke, VA 24011 ®Re~yded Paper MOAN ,~ F ''' • ;' $ c~ z a 1838 MARY H. ALLEN, CMC CLERK TO THE BOARD P.O. BOX 29800 5204 BERNARD DRIVE ROANOKE, VIRGINIA 24018-0798 (703) 772-2005 FAX (703) 772-2193 February 1, 2000 Mr. Thomas S. "Pete" Haislip, Director Parks & Recreation Department Roanoke County Public Service Center 1206 Kessler Mill Road Salem, VA 24153 Dear Pete: BRENDA J. HOLTON DEPUTY CLERK I am pleased to inform you that, at their meeting held on Tuesday, January 25, 2000, the Board of Supervisors voted unanimously to ratify your appointment as a member of the Hanging Rock Battlefield and Railway Preservation Foundation. This appointment is to complete the unexpired portion of the three year term of Timothy W. Gubala which began on October 25, 1997, and will expire on October 25, 2000. State law provides that any person elected, re-elected, or appointed to any public body be furnished a copy of the Freedom of Information Act. Your copy is enclosed. On behalf of the Supervisors and the citizens of Roanoke County, please accept our sincere thanks and appreciation for your willingness to accept this appointment. Sincerely, ~• Mary H. Allen, CMC/AAE Clerk to the Board of Supervisors bj h Enclosure cc: J. David Robbins, President HRB&RPF Board of Directors Salem Historical Society 620 High Street, Salem, VA 242153 ®q~~ p~ POANp,~.~ L ~ ~ z ~ a 1838 MARY H. ALLEN, CMC CLERK TO THE BOARD C~.v~~tz~~g a# ~~~xz~a~e P.O. BOX 29800 5204 BERNARD DRIVE ROANOKE, VIRGINIA 24018-0798 (703) 772-2005 FAX (703) 772-2193 January 27, 2000 Ms. Vickie Price Fifth District Employment & Training Consortium 310 West Campbell Avenue, Second Floor Roanoke, VA 24016 Dear Ms. Price: BRENDA J. HOLTON DEPUTY CLERK Attached is a copy of Resolution No. 012500-3.b adding Franklin County to the Regional Workforce Investment Act and authorizing execution of the Consortium Agreement among the participating jurisdictions. This resolution was adopted by the Board of Supervisors at their meeting on Tuesday, January 25, 2000. If you need further information, please do not hesitate to contact me. Sincerely, m~ ~~~~ Mary H. Allen, CMC/AAE Clerk to the Board of Supervisors bjh Attachment Joe Sgroi, Director, Human Resources Wayne Strickland, Executive Director, Roanoke Valley-Alleghany Regional Commission Participating. Localities: Alleghany County Administrator Botetourt County Administrator Craig County Administrator Clifton Forge City Manager Franklin County Administrator Salem City Manager Roanoke City Manager ® Recycled paper ~ EiOANp,Y~ ti ~ ~ ~ a 7 38 MARY H. ALLEN, CMC CLERK TO THE BOARD P.O. BOX 29800 5204 BERNARD DRIVE ROANOKE, VIRGINIA 24018-0798 (703) 772-2005 FAX (703) 772-2193 January 27, 2000 Mr. Alan C. Tobias, Rail Operations and Passenger Section Virginia Department of Rail and Public Transportation 1401 East Broad Street Richmond, VA 23219 Dear Mr. Tobias: BRENDA J. HOLTON DEPUTY CLERK Attached is a copy of Resolution No. 012500-3.c supporting consideration of passenger rail service to the Historic Oak Ridge Estate Train Station in Nelson County, Virginia. This resolution was adopted by the Board of Supervisors at their meeting on Tuesday, January 25, 2000. If you need further information, please do not hesitate to contact me. Sincerely, ~• Mary H. Allen, CMC/AAE Clerk to the Board of Supervisors bjh Attachment cc: Members, Nelson County Board of Supervisors Mr. Stephen A. Carter, Nelson County Administrator P. O. Box 336 Lovingston, VA 22949 ® Recgded Paper a A" ~F COUNTY ADMINISTRATOR ELMER C. HODGE (540) 772-2004 ~~~'~ - ,~ ~ ~;~, C~~~z~~ of ~n~xx~u~r.~ P.O. BOX 29800 5204 BERNARD DRIVE ROANOKE, VIRGINIA 24018-0798 FAX (540) 772-2193 January 26, 2000 Ms. Frances B. Haggerty 6913 Northway Drive Roanoke, VA 24019 Dear Ms. Haggerty: (540)772-2005 Enclosed is a resolution of appreciation upon your retirement which was unanimously approved at the January 25, 2000 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 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, eph McNamara, Chairman oanoke County Board of Supervisors Attachment bjh cc: Joseph Sgroi, Director, Human Resources Ray Lavinder, Chief of Police BOARD OF SUPERVISORS JOSEPH McNAMARA, CHAIRMAN WINDSOR HILLS MAGISTERIAL DISTRICT H. ODELL "FUZZY" MINNIX, VICE-CHAIRMAN CAVE SPRING MAGISTERIAL DISTRICT JOSEPH B. "BUTCH" CHURCH CATAWBA MAGISTERIAL DISTRICT BOB L. JOHNSON HOLLINS MAGISTERIAL DISTRICT HARRY C. NICKENS VINTON MAGISTERIAL DISTRICT Intemet E-Mail ®A.~Y~Iw aep.~ Intemet E-Mail ehodge ®www.co.roanoke.va.us bos ~ www.co.roanoke.va. us ~ AOANp,I.~ L z . c', z a~ 1838 MARY H. ALLEN. CMC CLERK TO THE BOARD P.O. BOX 29800 5204 BERNARD DRIVE ROANOKE, VIRGINIA 24018-0798 (703) 772-2005 FAX (703) 772-2193 January 27, 2000 Ms. Vickie Price Fifth District Employment & Training Consortium 310 West Campbell Avenue, Second Floor Roanoke, VA 24016 Dear Ms. Price: BRENDA J. HOLTON DEPUTY CLERK Attached is a copy of Resolution No. 012500-3.b adding Franklin County to the Regional Workforce Investment Act and authorizing execution of the Consortium Agreement among the participating jurisdictions. This resolution was adopted by the Board of Supervisors at their meeting on Tuesday, January 25, 2000. If you need further information, please do not hesitate to contact me. Sincerely, yna-~-~r, ~1~a~Le.~~. Mary H. Allen, CMC/AAE Clerk to the Board of Supervisors bjh Attachment Joe Sgroi, Director, Human Resources Wayne Strickland, Executive Director, Roanoke Valley-Allegheny Regional Commission Participating. Localities: Allegheny County Administrator Botetourt County Administrator Craig County Administrator Clifton Forge City Manager Franklin County Administrator Salem City Manager Roanoke City Manager ® Recycled paper ~ ROAN ,~.~ ti' p z c> a~ 1838 MARY H. ALLEN, CMC CLERK TO THE BOARD P.O. BOX 29800 5204 BERNARD DRIVE ROANOKE, VIRGINIA 24018-0798 (703) 772-2005 FAX (703) 772-2193 January 27, 2000 Mr. Alan C. Tobias, Rail Operations and Passenger Section Virginia Department of Rail and Public Transportation 1401 East Broad Street Richmond, VA 23219 Dear Mr. Tobias: BRENDA J. HOLTON DEPUTY CLERK Attached is a copy of Resolution No. 012500-3.c supporting consideration of passenger rail service to the Historic Oak Ridge Estate Train Station in Nelson County, Virginia. This resolution was adopted by the Board of Supervisors at their meeting on Tuesday, January 25, 2000. If you need further information, please do not hesitate to contact me. Sincerely, ~' ~._.._ Mary H. Allen, CMC/AAE Clerk to the Board of Supervisors bjh Attachment cc: Members, Nelson County Board of Supervisors Mr. Stephen A. Carter, Nelson County Administrator P. O. Box 336 Lovingston, VA 22949 ® Recycled Paper RESOLUTION PASSENGER RALL SERVICE TO HISTORIC OAK RIDGE ESTATE IN NELSON COUNTY, VIRGiNLA WHEREAS, the feasibility of expanded passenger rail service from the Washington D.C. and Richmond, Virginia areas to Bristol, Virginia, has been studied and documented by the Virginia Department of Rail and Public Transportation; and, WHEREAS, local and statewide support is being established for the proposed Bristol Passenger Rail Service, or TransDominion Express; and, WHEREAS, the VDRPT study did not identify or recommend the location of a passenger station in Nelson County to be served by the TransDortunion Express; and, WHEREAS, the passenger station located at the historic Oak Ridge Estate, is an ideal location for inclusion as a destination stop of the TransDominion Express; and, WHEREAS, service to Nelson County via the historic Oak Ridge Train Station could lead to economic, tourism, environmental and other social benefits for Nelson County and its citizens; and, WHEREAS, on October 12, 1999 the Nelson County Board of Supervisors adopted a resolution in support of the proposed expanded passenger rail service project; and, WHEREAS, the Nelson County Board of Supervisors recognizes the importance and is unanimously supportive of the establishment of the historic Oak Ridge Train Station as a destination stop of the TransDominion Express; NOW, THEREFORE, BE IT RESOLVED that the Nelson County Board of Supervisors hereby affirms its complete support for the inclusion of the historic Oak Ridge Train Station as a destination stop of the proposed Bristol Passenger Rail Service project, or TransDominion Express; BE I'I' ~TRZ'HER RESOLVED, that the Nelson County Board of Supervisors. hereby encourages and requests the implementation of the Bristol Passenger Rail Service project by the Commonwealth of Virginia, including the designation of the historic Oak Ridge Train Station as a depot for the rail passenger service. - BOAROOF SUPERVISORS GARY E. WOOD East District SAMUEL C. DeIAURA. JR. west District THOMAS O. HARVEY North District HARRY S. HARRIS South District 3 December, 1999 -~ ' 1 ~~' ~. r~'~~ 11~ ~l~~l ~, l .~ T~_ wD- Mr. Alan C. Tobias, Rail Operations and Passenger Section Virginia Department of Rail and Public Transportation 1401 East Broad Street Richmond, VA 23219 Re: Passenger Rail Service to I~.storic Oak Ridge Train Station Dear Mr. Tobias: STEPHEN A. CARTER Admnistrator VIRGIE A. CARTER, CMC Mmiru W alive Assistanu oaut,tyc~ent ELLA W. BROWNING AtLnvusV ativ9 Assistant/ FinanpOflicer The Nelson County Boazd of Supervisors herewith respectfully submits the enclosed resolution, which seeks to have the train station located at the historic Oak Ridge Estate in Nelson County designated as a destination stop for the proposed passenger rail service initiative from Richmond and Washington DC to Bristol, Virginia. Including the train station at Oak Ridge as one of the destination stops of the proposed passenger service is of critical importance to Nelson County. Tourism is Nelson County's primary industry and is a key component in Nelson County's efforts to expand and diversify its local economy. An operating rail station at Oak Ridge will enable Nelson County to increase its market share of tourism related .business and investments, which in turn will also create opportunities for new business and investments to be made in Nelson County and Central Virginia. Why Oak Ridge? Amtrak's current passenger service connections utilize Norfolk Southern's tracks, which are adjacent to Oak Ridge. The tracks adjoining the Oak Ridge station are double tracks, which will enable the establishment of passenger service to Nelson County without a significant investment in infrastructure to do so. The existing train station at Oak Ridge is in excellent condition. In 1993 and 1994 the Oak Ridge station was one of the destination points of the National Railway Historical Society's steam rail excursion program During these excursions approximately 900 passengers safely disembarked and re-boarded at Oak Ridge. The station is within two miles of Route 29, a major north-south highway corridor, which affords easy access to Nelson County and Central Virginia. Oak Ridge Estate with its 5,000 acres and diversity of historical assets, including the train station, is increasingly becoming a tourism destination, as evidenced by this summer's Camp Jeep event sponsored by Daimler-Chrysler Corporation. Camp Jeep brought 9,000 visitors to Nelson County and resulted in an investment of approximately two and one-half million dollars in the economies of Nelson County and Central Virginia. In addition to Oak Ridge Estate, which is in its initial phase(s) of redevelopment, P. O. Box 336 • Lovingstori, Virginia 22949 • (804) 263-4873 • Fax (804) 263-4135 G. ~. Newwman, Town Manager P. ,. Box 789 Richar3 W. Harris, Mayor P. 0. Box 404 Jack E. Houghton, Exec. Dir. Abingdon, VA 24202-0789 Kenbridge, VA 23944 Piedmont Planning Dist. Com. P. 0. Box P Farmville, VA 23901 Burton E. White, Mayor P. 0. Box 157 Wilfred 0. Pillow, Mayor Robert W. Dowd, Exec. Dir. Alberta, VA 23821 P• 0. Box 42 West Piedmont Planning Dist. Keysville, VA 23947 P. 0. Box 1191 Martinsville, VA 24114 John S. Turner, Mayor Dr. D. L. "Pete" Warren P. 0. Box 977 P. 0. Box 60 Greater Lynchburg Transist Co. Amherst, VA 24521 Lynchburg, VA 24505 P. 0. Box 797 Lynchburg, VA 24505-0797 F. Craig Meadows, Town Mngr. Raymond C. Lonick, Mayor Virginia High Speed Rail P. 0. Box 807 Bedford, VA 24523-0807 249 Caroline Street Orange VA 22960 Development Commission , P. 0. Box 867 Richmond, VA 23218 Roger E. Hedgepeth, Mayor John A. Johnston, Mayor Bonnie Hurlbert Dean P. 0. Box 90003 Blacksburg, VA 24062-9003 P. 0. Box 660 Pulaski VA 24301 , Radford University , P. 0. Box 6898 Radford, VA 24142 C. Farnham Jarrard, Mayor 321 Pinecrest Lan Carl E. Tarpley, Jr. Barbara Pendergrass, Dean e Bristol, VA 24201 P. 0. Box 869 Salem, VA 24153-0869 Virginia Tech 152 Henderson Hall Blacksburg, VA 24061 Harold G. Linkous, Mayor 920 Hummingbird Drive Christiansburg, VA 24073 Waller P. Jones, Mayor 149 Garr Avenue Culpeper, VA 22701 Juanita T. Hamlett P. 0. Box 126 Drakes Branch, VA Trenton G. Crewe, Jr. View Pointe 895 S. Twentieth Street Wytheville, VA 24382 Thomas L. Starnes, Mayor 619 Second Street Radford, VA 24141 Thomas Taylor, Exec. Direct. Mount Rogers Planning District 1021 Terrace Drive 23937 Marion, VA 24354 Sydnor C. Newman, Jr., Mayor 301 Third Avenue Farmville, VA 23901 David Rundgren, Exec. Direct. New River Valley Planning Dist. P. 0. Box 3726 Radford, VA 24143 RESOLUTION PASSENGER RAiL SERVICE TO HISTORIC OAK RIDGE ESTATE IN NELSON COUNTY, VIRGINIA WHEREAS, the feasibility of expanded passenger rail service from the Washington D.C. and Richmond, Virginia azeas to Bristol, Virginia, has been studied and documented by the Virginia Department of Rail and Public Transportation; and, WHEREAS, local and statewide support is being established for the proposed Bristol Passenger Rail Service, or TransDominion Express; and, WHEREAS, the VDRPT study did not identify or recommend the location of a passenger station in Nelson County to be served by the TransDominion Express; and, WHEREAS, the passenger station located at the historic Oak Ridge Estate, is an ideal location for inclusion as a destination stop of the TransDominion Express; and, WHEREAS, service to Nelson County via the historic Oak Ridge Train Station could lead to economic, tourism, environmental and other social benefits for Nelson County and its citizens; and, WHEREAS, on October 12, 1999 the Nelson County Boazd of Supervisors adopted resolution in support of the proposed expanded passenger rail service project; and, WHEREAS, the Nelson County Board of Supervisors recognizes the importance and is unanimously supportive of the establishment of the historic Oak Ridge Train Station as a destination stop of the TransDominion Express; NOW, THEREFORE, BE TT RESOLVED that the Nelson County Board of Supervisors hereby affirms its complete support for the inclusion of the historic Oak Ridge Train Station as a destination stop of the proposed Bristol Passenger Rail Service project, or TransDominion Express; BE IT FURTHER RESOLVED, that the Nelson County Board of Supervisors hereby encourages and requests the implementation of the Bristol Passenger Rail Service project by the Commonwealth of Virginia, including the designation of the historic Oak Ridge Train Station as a depot for the rail passenger service. ADOPTED: November 9, 1999 ATTEST• _SZc/>h„~_/~ ~~ ~` Clerk, Nelson County Board of Supervisors Cham~n o~ Comm~nc~ December 28, 1999 Dear Fellow Rail Enthusiast: ~. `_`- ~z ~~-. Support for the TransDominion Express continues to grow. Formerly referred to as the Bristol Rail Passenger Study, this expanded passenger rail proposal has now been endorsed by more than 60 communities, counties, and chambers across the Commonwealth. Over the next three weeks we will have the opportunity to again show our support for advancing the TransDominion Express. The 2000 General Assembly Legislative Money Committees have announced six public hearings on the 2000-2002 state budget. At each of the hearings, Money Committee members will listen to comments made by Commonwealth citizens regarding the Governor's proposed biennial budget (which does riot include n~orrey for the I'ransDoniinion Express). Please plan to attend the hearing in your region and ask committee members to make the TransDominion Express a funding priority. Enclosed you will find brief talking points which may be helpful in making your presentation to the Money Committees. If you prefer, you may want to share the talking points with your local government, Chamber or college(s) and ask that they include this information in their remarks to the committees. In addition, I encourage you to contact your local legislators to express your support for the TransDominion Express, and to ask that they advocate appropriating money to this project in the 2000-2002 state budget. It is important that we continue to work together to share information with our legislators and to speak with a unified voice. Thank you in advance for continuing to show public support for the TransDominion Express. So we can maintain a timely archive, please keep me abreast of activities, news articles and actions conducted in your area in support of expanding passenger rail service. Also, please complete the enclosed "TransDominion Express Support" sheet. Again, thank you for your support of the TransDominion Express. I look forward to continuing our partnership in moving this project forward. Sincerely, ~-~ ~--~d Rex Hammond Enclosures Office • 2015 Memorial Avenue • P.O. Box 2027 • Lynchburg, VA 24501 • (804)-845-5966 • FAX (804) 522-9592 URL:www.lynchburgchamber.org • E-mail:info@lynchburgchamber.org 200 GENERAL ASS~l~1~LY ~EGISIJATIVE 1VIOY~Y COlVI1~11TT~~S PIT~LIC H~A~L~TGS Schedule December 29, 1999 Wytheville Community College at 12:00-noon December 30, 1999 No. Virginia College -Loudon Campus at 12:00-noon January 5, 2000 -Concurrent Hearings Chesapeake-Oscar Smith High School at 12:00-noon Southside Virginia Community College -Alberta Campus at 12:00-noon January 6, 2000 Fishersville-Woodrow Wilson Rehabilitation Center at 12:00-noon January 17, 2000 Richmond -General Assembly at 1:00 p.m. Additional information and directions to hearing sites may be obtained by contacting the offices of the House Appropriations Committee Staff, 804-698-1590, or the Senate Finance Committee Staff, 804-b98-7480. TRANSDOMINION EXPRESS: EXPANDING PASSENGER RAIL ACROSS THE COMMONWEALTH 1998 Bristol Rail Passenger Study recommends proposed passenger rail service be implemented to connect southwestern Virginia with both Washington, D.C. and Richmond via Lynchburg. Creation of the TransDominion Express would decrease traffic congestion on highways and interstates, reduce air traffic pollution, increase safety, stimulate tourism and commerce and provide an efficient alternative to automobile travel. The TransDominion Express system would link the following communities: Bristol, Abingdon, Pulaski, Radford, Christiansburg, Roanoke and Bedford with Lynchburg. There, the line would split, continuing north to Washington through Charlottesville, Orange, Culpeper, Manassas and Alexandria, or east to Richmond by way of Appomattox and Farmville. • Trains would operate on existing tracks owned by Norfolk Southern Corporation, Conrail and Amtrak, with the exception of a small section owned by CSX,. Essentially, the only changes that would need to be made to existing tracks is the installation of spurs to allow freight and passenger traffic to exist on the same tracks. • Modern trainsets would be used to allow trains to maintain higher speeds. Increased speeds would be competitive with car travel time between desired destinations. • Implementing the TransDominion system is relatively inexpensive when compared to multi- billion dollar highway projects. Total capital costs to improve existing tracks and stations would be approximately $10 million. Initial operating costs are estimated to be $24.6 million. • It is expected 372,000 passengers will ride the trains annually, increasing to nearly 800,000 by 2020. In Washington State, similar passenger rail services connect Vancouver, British Columbia with Portland, Oregon. Almost 50% of the Washington riders are tourists. • The fare is estimated to be $0.20 per mile, or approximately $70.00 to ride from southwestern Virginia to Washington, D.C. • With the implementation of expanded passenger rail in southwestern Virginia, plans to expand high-speed rail from Washington, D.C. to Richmond would create a "passenger rail" loop in the Commonwealth. • To date, over 60 chambers, counties, cities and planning divisions have passed resolutions supporting expanded passenger rail in the Commonwealth. The TransDominion Express would be accessible to over 20 colleges and universities along the proposed train routes. 1998-99 Endorsements for Expanded Passenger Rail Service CITY/TOWN COUNCILS •Town Council of Abingdon •Town Council of Altavista •Appomattox Town Council •Amherst Town Council •City Council of Bedford •Blacksburg Town Council •Bristol City Council •Burkeville Town Council •Charlottesville City Council •Town Council of Chilhowie •Christiansbl~rg Town Cotmcil •Culpeper Town Council •Drakes Branch Town Council •Farmville Town Council •Town Council of Glade •Town council of Hillsville •Town Council of Kenbridge •Keysville Town Council •Lynchburg City Council •Town Council of Marion •Orange Town Council •Town Council of Pulaski •Radford City Council •Rural Retreat Town Council •Council of the City of Roanoke •The Council of the City of Salem •Town Council of Wytheville COUNTY BOARDS •Albemarle County Board of Supervisors •Appomattox County Board of Supervisors •Bedford County Board of Supervisors •Bland County Board of Supervisors •Campbell County Board of Supervisors •Charlotte County Board of Supervisors •Culpeper County Board of Supervisors •Ctunberland County Board of Supervisors •Montgomery County Board of Supervisors •Nelson County Board of Supervisors •Nottoway County Board of Supervisors •Prince Edward County Board of Supervisors •Pulaski County Board of Supervisors •Roanoke County Board of Supervisors • Smyth County Board of Supervisors •Washington County Board of Supervisors • Wythe County Board of Supervisors CHAMBERS/ASSOCIATIONS •Bristol Chamber of Commerce •Blacksburg Regional Chamber of Commerce •Fairfax County Chamber of Commerce •Farmville Area Chamber of Commerce •Greater Lynchburg Chamber of Commerce •Giles County Chamber of Commerce •Orange County Chamber of Commerce •Orange County Industrial Development Authority •Orange County Visitor's Bureau •Radford Chamber of Commerce • Salem/Roanoke County Chamber of Commerce • Smyth County Chamber of Commerce • Virginia West Business Legislative Coalition (14 chambers of commerce} • Wytheville-Wythe-Bland Chamber of Commerce PLANNING ORGANIZATIONS •Charlottesville-Albemarle Metropolitan Planning Organization •Mount Rogers Planning District Commission •New River Valley Planning District Commission •Piedmont Planning District Commission •Roanoke Valley Regional Commission •West Piedmont Planning District Commission TRANSPORTATION GROUPS •Bhie Ridge Chapter of the National Railway Historical Society •Greater Lynchburg Transit Company • Virginia High Speed Rail Development Committee COLLEGES/UNIVERSITIES •Longwood College •Radford University • Virginia Tech TRANSDONIINION EXPRESS SUPPORT SHEET Your Name: Your Organization: Your Address: Your Telephone Number: Your Fax Number: Your Email Address: Please indicate which activities and/or actions you have conducted in support of the TransDominion Express. ^ Made presentation to Money Committees at Public Hearing on at the following location ^ Contacted my legislator, to show my support for the TransDominion Express and ask that s/he make the TransDominion Express a funding priority in the 2000-2002 state budget. ^ Made appointment to meet with my legislator, to show my support for the TransDominion Express and ask that s/he make the TransDominion Express a funding priority in the 2000-2002 state budget. ^ Wrote a letter to my newspaper editor, highlighting the facts regarding the TransDominion Express and the needed funding to move the project forward. ^ Other (please describe) Please return completed questionnaire to: Katherine DeRosear, Vice President of Community Services Greater Lynchburg Chamber of Commerce P.O. Box 2027 Lynchburg, VA 24501 OR Fax: 804-522-9592 SAMPLE RESOLUTION Workforce Investment Act -Consortium Agreement WHEREAS, the Congress of the United States adopted Public Law 105-220, the Workforce Investment Act, to replace the Job Training Partnership Act (JTPA); and WHEREAS, the purpose of this Act is to: streamline services through a One-Stop service delivery system; empower individuals through information regarding and access to training resources; provide universal access to core services; increase system-wide accountability; ensure a strong partnership between local jurisdictions and their regional Workforce Investment Boards in developing the workforce investment system; facilitate state and local flexibility and improve youth programs; and WHEREAS, under Section 116 of the Workforce Investment Act, the Governor has designated workforce investment areas within the state to implement the provisions of this legislation; and WHEREAS, the Act and state regulations adopted by the Governor under the Act allow the jurisdictions within a workforce investment area to enter into a "consortium agreement" to define their roles and relationships in administering their responsibilities under the Act; and WHEREAS, the Act requires the Chief Local Elected Official (County Board Chairperson) or his/her designee to perform several duties which assure local government control over the Local Plan adopted by the Workforce Investment Area; and WHEREAS, the participating jurisdictions of this Workforce Investment Area must adopt a formal consortium agreement for filing with the Governor. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of the County of that the Board Chairperson be, and hereby is, authorized to execute the Consortium Agreement among the jurisdictions that constitute the Fifth District Employment and Training Consortium workforce investment area under the Workforce Investment Act (P. L. 105- 220). ~ . C 0 V E R FAX S H E E T Clerk to the Board To: Roanoke Times Legal Advertising Fax #: Subj: Attached Legal Notice Date: January 6, 2000 Pages: 2, including this cover sheet. COMMENTS: Attached are two legal notices that should be advertised on the following dates: Tuesday, January 11, 2000 Tuesday, January 18, 2000 Please call me if you have any questions. From the desk of... Mary H. Allen, CMC/AAE Clerk to the Board County of Roanoke P. O. Box 29800 Roanoke, VA 24018 Phone: 540-772-2003 Fax: 540-772-2193 LEGAL NOTICE Notice is hereby given to all interested persons that the Roanoke County Board of Supervisors will hold a public hearing at their 7:00 p.m. session on Tuesday, January 25, 2000 in the Board Meeting Room at the Roanoke County Administration Center, 5204 Bernard Drive S. W. on the petition of Margaret H. Camper and Alva F. and Myrtle W. Pullen requesting vacation and closing of an unimproved and unused portion of a 50' right of way known as Goff Road lying between Lot 2, Block 11 (Tax Map #18.17-3-3) and Lot 1, Block 14 (Tax Map #27.06-1-1) in Section No. 1, North Burlington Heights Subdivision shown in Plat Book 3, Page 57 and located in the Hollins Magisterial District. A copy of the documents related to this request may be examined in the office of the Department of Community Development, located at the Roanoke County Administration Center. Given under my hand this 6th day of January, 2000. Mary H. Allen, CMC, Clerk to the Board Roanoke County Board of Supervisors PLEASE PUBLISH IN THE ROANOKE TIMES ON Tuesday, January 11, 2000 Tuesday, January 18, 2000 Direct the bill for publication to: Alva and Myrtle Pullen 7937 Enon Drive Roanoke, VA 24019 Phone: 366-6629 Mail affidavit to: Mary H. Allen, Clerk to the Board County of Roanoke P. O. Box 29800 Roanoke, VA 24018 LEGAL NOTICE Notice is hereby given to all interested persons that the Roanoke County Board of Supervisors will hold a public hearing at their 7:00 p.m. session on Tuesday, January 25, 2000 in the Board Meeting Room at the Roanoke County Administration Center, 5204 Bernard Drive S. W. on the petition of Linda and Michael Clingenpeel and Dennis and Maxine Musselman, requesting vacation and closing of an unimproved and unused right of way known as Oak Street, Riverdale Subdivision shown in Plat Book 2, Page 83'/z and dedicated in deed recorded in Deed Book 855, Page 632, and located in the Vinton Magisterial District. A copy of the documents related to this request may be examined in the office of the Department of Community Development, located at the Roanoke County Administration Center. Given under my hand this 6th day of January, 2000. ~• Mary H. Allen, CMC, Clerk to the Board Roanoke County Board of Supervisors PLEASE PUBLISH IN THE ROANOKE TIMES ON Tuesday, January 11, 2000 Tuesday, January 18, 2000 Direct the bill for publication to: Linda Clingenpeel 2041 Shady Run Road Vinton, VA 24179 Phone: 427-5901 Mail affidavit to: Mary H. Allen, Clerk to the Board County of Roanoke P. O. Box 29800 Roanoke, VA 24018 RKE BORRD SUPERVISORS TEL~540-772-2193 Transmit Confirmation Report No . Receiver Transmitter Date Time Mode Pages Result 005 RT-LEGAL RKE BOARD SUPERVISORS Jan 06' 00 15 24 01'23 Norm 03 OK Jan 06 ' 00 15 24 JAN-06-2000 17 36 ROANOKE TIMES ADD. OPER. Legal Notice Roanoke County Board of Supervisors 'The Roanoke County Board of Supervi- aors will hold a public hearing at 7:00 on Tuesday January 25, 2000 in the Board Meeting Room of the Roanoke County Administration Center, 5204 Bernard Driv®, Roanoke, Virginia. the purpose of the hearing is to reCelvc public oommsnts on the following three TF.A-21 (Transportation Equity Act for the 21st Century) gram application pro- posals; (1) A grant application submit- ted byy the County of Roanoke for the Blue Fridge Parkway Interpretive Center at Virginia's Explore Park; Phase II, for exhibit fabrication and installation, related up-fit and landscaping. (2} A }olnt grant application io be subtrtitted by the Cauniy of Roanoke and the City of Salem, Virginia, for the design and construction of Phase I of the Roanoke River Grcenway in Western Roanoke County and the Clty of Salem. (3} A joint application to be submitted by the County of Roanoke and the County of Montgomery to identify and sat priorities for viewshed areas along Virginia Sce~ nic Byway Route 785 {Catawba! Blacksburg Road), obtain conservation easements through donation and pur- Ch~Se, and study bikeway Safety improvement desi_yns along this route, (132818b) a P l { Fax (54C~ 961.3204 for APPROVA or Revisions ay date ~''f ~ ~ o time D'am' DTi#__~~..~.8~ 35 Proof oui: vale y tirne.J~N? Prnr-,f~ri r.:y _ _ ~ 1 540 981 3204 P.01i01 ROANOKE TfM AD P flOF ublish Date: ~ CaD 54Q 81-314 ar TOTAL P. 01 Martha Plank 'R 540-9A1-3440 ~ Jan. 7, 2000 m3~47 PM oiro~i2ooo The Roano ke Times Adid: ACCt:5403666629Pu11 Name: r'ullen, Alva and Myrtle LEGAL NO11CE Ph: 5403666629 Class Rate: Disp Rate: Notbe o hen:bg liven b all 7937 Enon Drive Credit Status: OK '"'`~''~ ~"°"' that '"° Roanolx County Board of @uperviscrs will hvkl a puNic Roanoke VA 24019 uest Re l Re heailnEat tnelr 7:00 D.m. ses- ~ooa ie t ~e ^ p y q t Dartl Meetlnp Paytype BL Rate LE Legals Rep: 37 ~mm~~nn~~~br,C° oa Borrortl OrNa, 5. Ul. on tha Source FX Class 10 Legals ^ TFN paeeronotatar~antw.6mpax and Alw F. and Myrtlo W. Pulknrc ueetlrr~woationand I ~ ~ Start 1111100 Days 2 Rate Is; 2 Stop 1118100 reonoi~~ ~, of ~ ~°md p »ey knorn m Gofl quad IllnS 0.00 Words...... 174 Price 159 10 ~ ^ dot 2, @bck ii (iax ss.sa~•a~ and tot ~, . @bck 14 {fax Map ~27.0@d• O.oo Lines....... 43 Discount 0.00 i) In 3ectlon No. 1, North @url• 0 00 Depth..... 43.00 Commis 0.00 In~tan Helpht3 SuDtllvlslon t@mk e~oe a~ . trr~ lns ocated Columns.. 1 Net 159.10 M1h~IStarp1013rict. Q,QQ Graphic.... 0 St Tax 0.00 A oopy of tha dooumanta robtatltothlaroquaatmayGa ~.o(] St Words. 0 Fed Tax a.00 anminotl In tha ortt:a of fha 6apartmant of Communit;~ Free Day 0 ^ Boxed Ad Total 159.10 De~eiopment, boated et the locountyAdmineatratbn ~ ~ Copy Line LEGAL NOTICE Noti Payment 0.00 n r tl2lfof ~d~rY ~~ thls ~h App Gr. 0.00 May h./Ukn, CMC, Sort String Balance 0.~0 Clerk to the@oad RoaroMe o~urrtyBoartl On Hald of 5uparHm~m c~s~~s~l Product Co Tear Sheets ^ Ad Killed PO # camper/pulle Comments Reason for Discount campeNpullen - aff. to Mary Alien pi/i 132973 Editions DC, Martha Plank of ro~i~ooo 'R540-991.3440 D~ Jan. 7, 2000 093:53 PM The Roanoke Times Acct:4275901CLIN Name: CLINGENPEEL. LINDA Ph: 5404275901 Class Rate: Disp Rate: 2406 EASTLAND RD. SE Credit Status Roanoke VA 24014 Paytype BL Rate LE Le Source FX Glass 10 Le Start 1111100 Days 2 R 0.0o Words.. o.oo Lines... o.oo Depth... Column 0.00 Graphic 0.0o St Word Free Day 0 ^ eoxe Copy Line LEGAL NOTICE Notic Sort String ~n Hold Product Co ^ Ad Killed Comments Reply Request gals Rep: 37 gals ^ TFN ate Is: 2 Stop 1118100 .... 156 price 1 •••• 40 Discount ., ao.oo Commis s.. 1 Net 1 • • • • 0 St Tax s. 0 Fed Tax d Ad Total 1 Payment App Cr. Balance Tear Sheets PG # oak st Reason for Discount LEGdL N011CE Notice ie hereby siren b all interested parsons that the Roanoke County Board of 6upervnon will hold a puNio hearlnPat their 7:W p.m. ses- sion on Tuesaap~, lanusry 25, 2060 In tie Boafo NEetInP Room at the f~arolae County AtlminlCt otlon Crantar, BQ04 Barnard prior S. W. on tha patltlon o1 Linda and NAlcnaal Clir4ganpml and 6rannirt and Manina Muaoolman, ragwrrking vacation and aiming of an unmprcrodand unused rj~Mof way known m Oak Bireet, RnertJde 5ubdivisionshvwnin Plat Book 7, f'dPe &33e: antl 48 00 dedicated in deed ra;odad In . Geed Book BS5, Pate 892, 0 00 antllooatetllntheVlmm~MaP• . ids rol 6 nt rici. Q OQ A ctlDY oT the tlocuments . reratetl to this request may De QQ 48 aaominrad in the offba of #ho . Q,QQ Department of Community 6ewlopment, boated at the Rca noka Count!` Adm in iatrat io n 0.00 Cenkr. 48, QQ Oiren undo my hard Phis 6kh day of lan~ery, 20Q4. Mary N. Allen, CMC, 0.00 Clerk to the Boartl 0.00 Boa~nsuperv~rs 0.00 "~~~' oak street/Riverdale section Editions DC, pili Adid: 132979 INTER MEMO ROANOKE COUNTY BOARD OF SUPERVISORS ~ F F I ~ E CLERK'S OFFICE TO: Joe McNamara Fuzzy Minnix Butch Church Bob Johnson Harry Nickens Elmer Hodge Paul Mahoney Mary Allen FROM: Brenda Holton, Deputy Clerk ~~2~~ g~2-- DATE: January 10, 2000 SUBJECT: BOARD PHOTOGRAPH have arranged with Bruce Muncy, Muncy Fine Photography, to come to the January 25th Board meeting at 2:30 p.m. to take a picture of the 2000 Board of Supervisors. If you will be unable to attend the 1 /2/5/00 meeting, please let me know as soon as possible so that I can reschedule the photographer. I will send you another notice prior to the 1 /25 meeting as a reminder. Mr. Muncy will bring the necessary equipment to take individual pictures, and will be set up at 2 p.m. in the conference room behind the Board Meeting Room. You can come by any time between 2 and 3 pm for your individual pictures, with the Board picture scheduled for 2:30 p.m. I explained that some of the Board members may not want to take another picture, but he said that he would do this at no charge since he did not come equipped last time and the Board members had to go to his studio. - f-~ v r From: "Terry Harrington" <ADM01/TLH> To: "Mary Allen" <ADM01/MHA> Date sent: Wed, 5 Jan 2000 15:55:00 -0500 Subject: Re: Legal Notices -vacation Mary here are the specifics for the three ads......let me know if you need more info to do ads... thanks.... 1. Applicant: Reques pu is t of way Roa oke c my Tax George Baron Bill co~of pu 2. Applicants: ca n square foot porti n of a improved Fai y 'ew Trail, adjace t to 66.04- 2 in the Windso Hills D catio :Georg on - Baron 3609 L; ~ 9 ~~,~J Roanoke, VA UG? _ yoig.~-~' 540.98' f - ~!v s/ 6 Margaret Camper and Alva and Myrtle Pullen Request: To vacate a 50 foot wide by 250 long unimproved portion of a public right of way known as Goff Road, adjacent to and between Roanoke County Tax Parcel #'s 18.17-3-3 and 27.06-1-1 located in the Hollins Magisterial District. bill: Alva and Myrtle Pullen 7937 Enon Drive Roanoke, Va 24019 540.366.6629 3. Applicants: Linda and Michael Clingenpeel and Dennis and Maxine Musselman Request: To vacate a 40 foot wide unimproved public right of way known as Oak Street ,adjacent to and between Roanoke County Tax Parcel #'s 70.04-2-57 and 70.04-2-58 and 70.04-2-14 and 70.04-2-15 and extending the entire length between Eastland Mary Allen -- 1 -- Wed, 5 Jan 2000 16:09:43 Road and Highland Road and located in the Vinton Magisterial District. bill: Linda clingenpeel 2041 shady run road Vinton VA 24179 540.427.5901 From: "Mary Allen" <ADM01/MHA> To: adm01/tlh Date sent: Wed, 5 Jan 2000 11:16:18 -0500 Subject: Legal Notices -vacation Just a reminder that I need to get the legal notices in to the newspaper by noon Friday for the vacations and I need the info - who to bill, etc. Mary Allen, Clerk to Board 772-2003 Mary Allen -- 2 -- Wed, 5 Jan 2000 16:09:43 DRAFT - 1 /20/00 - 1:00 p. m. ROANOKE COUNTY BOARD OF SUPERVISORS AGENDA JANUARY 25, 2000 Welcome to the Roanoke County Board of Supervisors meeting. Regular meetings are held on the second Tuesday and the fourth Tuesday at 3:00 p.m. Public hearings are held at 7:00 p.m. on the fourth Tuesday of each month. Deviations from this schedule will be announced. The meetings are broadcast live on RVTV, Channel 3, and will be rebroadcast on Thursdays at 7 p.m. and Saturdays at 4 p.m. Individuals with disabilities who require assistance or special arrangement in order to participate in or attend Board of Supervisors meetings or other programs and activities sponsored by Roanoke County, please contact the Clerk to the Board at (540) 772-2005. We request that you provide at least 48-hours notice so that proper arrangements may be made. A. OPENING CEREMONIES (3:00 P.M.) 1. Roll Call 2. Invocation: The Reverend Joseph A. Keaton Central Baptist Church 3. Pledge of Allegiance to the United States Flag B. REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF AGENDA ITEMS C. PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND AWARDS D. BRIEFINGS 1 E. NEW BUSINESS 1. Request to adopt resolution approving refunding of $5,600,00 of Sewer Revenue Bonds. (Diane Hyatt, Finance Director) F. REQUEST FOR PUBLIC HEARINGS AND FIRST READING OF REZONING ORDINANCES -CONSENT AGENDA: Approval of these items does not indicate support for, or judge the merits of, the requested zoning actions but satisfies procedural requirements and schedules the Public Hearings which will be held after recommendation by the Planning Commission. 1. First reading of an ordinance to rezone approximately 1.05 acre from R-3 Residential to C-2 Commercial to operate a personal services facility upon the petition of David and Zena Azar, located at 5420 Starkey Road, Cave Spring Magisterial District. 2. First reading of an ordinance amending and reenacting the zoning ordinance of Roanoke County, Virginia by the addition of standards for cluster subdivisions, upon the petition of the Roanoke County Planning Commission. 3. First reading of an ordinance authorizing the approval of a special use permit for the Evangel Foursquare Church, for a religious assembly use located at 5188 Stable Road, Cave Spring Magisterial District. G. FIRST READING OF ORDINANCES H. SECOND READING OF ORDINANCES I. APPOINTMENTS 1. Board of Zoning Appeals 2. Building Code Board of Adjustments and Appeals 3. Commission for Senior and Challenged Citizens 4. Hanging Rock Battlefield and Railway Preservation Foundation 2 5. Highway and Transportation Safety Commission 6. League of Older Americans -Advisory Council 7. Library Board 8. Southwest Development Financing, Inc. 9. Virginia's First Regional Industrial Facility Authority 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. Confirmation of Committee Appointments to the Hanging Rock Battlefield Preservation Foundation, the Roanoke valley Convention and Visitors Bureau Board of Directors and Virginia's First Regional Industrial Facility Authority. 2. Resolution approving a revision of the previously approved Workforce Investment Area of the Roanoke Valley-Allegheny Regional Commission to include Franklin County, VA. 3. Resolution of support for consideration of passenger rail service to Historic Oak Ridge Estate Train Station in Nelson County, VA. 4. Revised Resolution of Appreciation upon the retirement of Kenneth Hogan, Parks and Recreation Department. 1 ~ _-~5~ Adoption of resolution of support for a recreational access ~~ ~/ grant for North Roanoke Park. 6. Request from Schools to appropriate $3,625 Virginia Commission of the Arts grant for the Artists-in-Education Residency Program. 3 7. Request from Schools to appropriate $279.51 reimbursement from Virginia Western Community College for the dual enrollment program. 8. Resolution of Appreciation upon the retirement of Frances R. Haggerty, Police Department. ~'~- ~~ Resolutions supporting the TEA- grant applications for: ~,,~°"~'* ~~ (a) Phase II of the Blue Ridge Parkway Interpretive Center. ~ ,,,~- ~ ~ (b) Viewshed analysis and acquisition along Route 785 (c) Phase I of the Roanoke River Greenway Project ~. ~ ~,~ 10. Donation of storm drainage easement on property owned by r ~ Gary H. Wood and Shelly R. Wood (Tax Map No. 77.14-06-45) ~ - in the Cave Spring Magisterial District. 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. Revenues and Expenses for the five month period ended December 31, 1999 6. Report of claims activity for the Self-Insurance Program. 7. Accounts Paid -December 1999 Status on County Projects O. WORK SESSIONS (4TH FLOOR CONFERENCE ROOM) 1. Work Session on roll-back tax liability on separated or split-off 4 real estate in the use value real estate assessment program. (Paul Mahoney, County Attorney) 2. Discussion on revenues and expenditures (Brent Robertson, Budget Director) 3. Prioritization and Scheduling of future work sessions. (Elmer C. Hodge, County Administrator) P. CLOSED MEETING pursuant to Code of Virginia Section 2.1-344 A5, discussion concerning a prospective business or industry where no previous announcement has been made. EVENING SESSION (7:00 P.M.) Q. CERTIFICATION RESOLUTION R. PUBLIC HEARINGS AND SECOND READING OF ORDINANCES 1. Second reading of ordinance to vacate an undeveloped portion of the 40 foot wide Oak Street right-of-way located between Highland Road and Eastland Road in the Vinton Magisterial District upon the petition of Michael and Linda Clingenpeel and Dennis and Maxine Musselman. (Terry Harrington, County Planner) 2. Second reading of ordinance to vacate an undeveloped portion of the 50 foot wide Goff Road right-of-way located at the intersection of Enon Drive in North County in the Hollins Magisterial District upon the petition of Alva and Myrtle Pullen and Margaret Camper. (Terry Harrington, County Planner) T. CITIZENS' COMMENTS AND COMMUNICATIONS U. REPORTS AND INQUIRIES OF BOARD MEMBERS V. ADJOURNMENT 5 DRAFT - 1/18/00 - 3:00 P.M. ROANOKE COUNTY BOARD OF SUPERVISORS AGENDA JANUARY 25, 2000 Welcome to the Roanoke County Board of Supervisors meeting. Regular meetings are held on the second Tuesday and the fourth Tuesday at 3:00 p.m. Public hearings are held at 7:00 p.m. on the fourth Tuesday of each month. Deviations from this schedule will be announced. The meetings are broadcast live on RVTV, Channel 3, and will be rebroadcast on Thursdays at 7 p.m. and Saturda sk at 4 p.m. Individuals with disabilities who require assistance or special arrangement in order to participate in or attend Board of Supervisors meetings or other programs and activities sponsored by Roanoke County, please contact the Clerk to the Board at (540) 772-2005. We request that you provide at least 48-hours notice so that proper arrangements may be made. A. OPENING CEREMONIES (3:00 P.M.) 1. Roll Call 2. Invocation: 3. Pledge of Allegiance to the United States Flag B. REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF AGENDA ITEMS C. PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND AWARDS D. BRIEFINGS E. NEW BUSINESS 1 1. Request to adopt resolution approving refunding of $5,600,00 of Sewer Revenue Bonds. (Diane Hyatt, Finance Director) F. REQUEST FOR PUBLIC HEARINGS AND FIRST READING OF REZONING ORDINANCES -CONSENT AGENDA: Approval of these items does not indicate support for, or judge the merits of, the requested zoning actions but satisfies procedural requirements and schedules the Public Hearings which will be held after recommendation by the Planning Commission. G. FIRST READING OF ORDINANCES H. SECOND READING OF ORDINANCES I. APPOINTMENTS 1. Board of Zoning Appeals 2. Building Code Board of Adjustments and Appeals 3. Commission for Senior and Challenged Citizens 2 4. Hanging Rock Battlefield and Railway Preservation Foundation 5. Highway and Transportation Safety Commission 6. League of Older Americans -Advisory Council 7. Library Board 8. Southwest Development Financing, Inc. 9. Virginia's First Regional Industrial Facility Authority 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. Confirmation of Committee Appointments to the Hanging Rock Battlefield Preservation Foundation, the Roanoke valley Convention and Visitors Bureau Board of Directors and Virginia's First Regional Industrial Facility Authority. 2. Resolution approving a revision of the previously approved Workforce Investment Area of the Roanoke Valley-Allegheny Regional Commission to include Franklin County, VA. 3. Resolution of support for passenger rail service to Historic Oak Ridge Estate Train Station in Nelson County, VA. 4. Revised Resolution of Appreciation upon the retirement of Kenneth Hogan, Parks and Recreation Department. 5. Adoption of resolution of support for a recreational access grant for North Roanoke Park. 6. Request from Schools to appropriate $3,625 Virginia Commission of the Arts grant for the Artists-in-Education 3 Residency Program. 7. Request from Schools to appropriate $279.51 reimbursement from Virginia Western Community College for the dual enrollment program. 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. Revenues and Expenses for the five month period ended December 31, 1999 6. Report of claims activity for the Self-Insurance Program. ~~7~~ 4~ccou is Paid_ ecember 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. ~~- P I Mahoney Co~u y Attorney) P. CLOSED MEETING pursuant to Code of Virginia Section 2.1-344 A1. ,P~-rc.., c~-e-w-. G~.e..e.~-a.. .-.., v~...e ~i<e.~ EVENING SESSION (7:00 P.M.) Q. CERTIFICATION RESOLUTION R. PUBLIC HEARINGS AND SECOND READING OF ORDINANCES 1. Second reading of ordinance to vacate an undeveloped portion of the 40 foot wide Oak Street right-of-way located between Highland Road and Eastland Road in the Vinton Magisterial District upon the petition of Michael and Linda Clingenpeel and Dennis and Maxine Musselman. (Terry Harrington, County Planner) 2. Second reading of ordinance to vacate an undeveloped portion of the 50 foot wide Goff Road right-of-way located at the intersection of Enon Drive in North County in the Hollins Magisterial District upon the petition of Alva and Myrtle Pullen and Margaret Camper. (Terry Harrington, County Planner) T. CITIZENS' COMMENTS AND COMMUNICATIONS U. REPORTS AND INQUIRIES OF BOARD MEMBERS V. ADJOURNMENT 5