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HomeMy WebLinkAbout9/25/2001 - Regular~ FtOANp~ ,~nxr cue rr~ eu~ ~ O F ~ 'A 9 ~ ~ 1838 0o .. Cbh~.JC.t~I.~ ~ CbC - U~~Q C~ ROANOKEOOOOOOCOUNTY BOARD OF SUPERVISORS ACTION AGENDA SEPTEMBER 25, 2001 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, will be rebroadcast on Thursday at 7 p.m. and Saturday at 4 p.m., and are now closed captioned. Individuals who require assistance or special arrangements to participate in or attend Board of Supervisors meetings should contact the Clerk to the Board at (540) 772-2005 at least 48 hours in advance so reasonable accommodations may be made. A. OPENING CEREMONIES (3:00 P.M.) 1. Roll Call ALL PRESENT AT 3:02 P.M. HCN LEFT AT 8:00 P.M. 2. Invocation: The Reverend Brian Clingenpeel Villa Heights Baptist Church Chaplain, Fire and Rescue Department 3. Pledge of Allegiance to the United States Flag B. REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF AGENDA ITEMS ECH -ADVISED (11 ITEM E-1 WAS WITHDRAWN TO GATHER MORE INFORMATION, (2) ITEM H-1 HAS BEEN MOVED TO THE 7 P M SESSION (31 ITEM S-1 HAS BEEN WITHDRAWN BECAUSE DEQ HAS CHOSEN ANOTHER LOCALITY LANDFILL. PMM ADVISED: (1) ITEM T-2 HAS BEEN POSTPONED AT THE REQUEST 1 ® Recycled Paper OF THE PETITIONER; (2) ITEM E-4 SHOULD BE A FIRST READING OF ORDINANCE. HCN ADVISED THAT ITEM F-1 1ST READING OF BUCK MOUNTAIN LAND REZONING HAS BEEN DELAYED AT REQUEST OF THE PETITIONER C. PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND PRESENTATIONS 1. Proclamation declaring the week of September 30 -October 6, 2001 as Mental Illness Awareness Week in Roanoke County. ACCEPTED BY JUNE POE. EVERETT FRANKLIN CHARLES D WOHLFORD. SHONNA ALLEN. 2. Proclamation declaring October 2001 as United Against Hate Month in Roanoke County. ACCEPTED BY BRENDA HALE AND OTHER REPRESENTATIVES 3. Proclamation declaring October 2001 Crime Prevention Month in the County of Roanoke ACCEPTED BY LEE LINKOUS AND RAY LAVINDER 4. Proclamation declaring the month of October 2001 as National Arts and Humanities Month in Roanoke County; Presentation on the Roanoke Valley Cultural Master Plan; and adoption of resolution of support. (Susan Jennings, Executive Director, The Arts Council of the Blue Ridge) PRESENTATION AND ACCEPTING THE PROCLAMATION WAS SUSAN JENNINGS WITH WENDY SCHULTZ AND PETE HAISLIP R-092501-1 JBC MOTION TO ADOPT RESOLUTION OF SUPPORT URC 5. Proclamation declaring the month of October 2001 as National Disability Employment Awareness Month in Roanoke County and 2 Request for appropriation of funds for the Annual Roanoke Valley Outstanding Employers of People with Disabilities Awards (Debbie Pitts, Assistant Director of Recreation) PROCLAMATION ACCEPTED BY: DEBBIE PITTS AND CHRISTINE MONTGOMERY. A-092501-2 JBC MOTION TO APPROPRIATE $1,000 FROM BOARD CONTINGENCY FUND. U RC D. BRIEFINGS Briefing on fee transport billing process and public information. (Rick Burch, Chief of Fire & Rescue) PRESENTED BY CHIEF BURCH. E. NEW BUSINESS Request for funds to remove lead-base paint from the Catawba Community Center. (Debbie Pitts, Assistant Director of Recreation) WITHDRAWN TO PREPARE BETTER COST FIGURES. 2. Request for approval of the 2002 Holiday Schedule. (Joseph Sgroi, Human Resources Director) DEFERRED FROM SEPTEMBER 11, 2001 A-092501-3 HOM MOTION TO APPROVE OPTION #2 -CONTINUE WITH PRESIDENTS' DAY AND VETERANS' DAY AS FLOATING HOLIDAYS AND DESIGNATE CHRISTMAS EVE AS A HOLIDAY RATHER THAN COLUMBUS DAY. U RC 3. Request for transfer and appropriation of funds for Cresthill Phase water line replacement project. (Gary Robertson, Utility Director) A-092501-4 -JPM MOTION TO TRANSFER AND APPROPRIATE FUNDS URC 3 FIRST READING OF ORDINANCE 4. First Reading of ordinance Amending the Intergovernmental Agreement for the establishment of a Joint Public Safety Radio System. (John Chambliss, Assistant Administrator) BLJ MOTION TO APPROVE 1ST READING 2ND _ 10/9/01 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. BLJ MOTION TO APPROVE 1ST READING 2ND AND PUBLIC HEARING -10/23/01 URC 1. First reading of ordinance to amend the Roanoke County zoning ordinance, Section 30-21 (B) Enforcement Procedures upon the petition of the Roanoke County Planning Commission. G. FIRST READING OF ORDINANCES 1. First reading of ordinance amending ordinance 021098-9 and 032498-7 which vacated and closed public rights-of way and released public property interests in and around Pinkard Court subdivision, to delete the condition in each ordinance that the specified properties be acquired in one common ownership (Lowe's Inc.) And combined into one tract or parcel, and to otherwise ratify and approve each of said ordinances. (Vickie Huffman, Assistant County Attorney) DEFERRED FROM SEPTEMBER 11, 2001 HCN MOTION TO APPROVE 1ST READING 2ND _ 10/9/01 URC 4 2. First reading of ordinance authorizing the acquisition of flood- prone properties for preservation of floodplain land related to the Carvin Creek Hazard Mitigation Project located on Palm Valley Road in the Hollins Magisterial District. (George Simpson, Community Development Assistant Director BLJ MOTION TO APPROVE 1ST READING 2ND _ 10/9/01 URC H. SECOND READING OF ORDINANCES 1. Second reading of ordinance to enter into a cooperative agreement between Roanoke City and Roanoke County for Fire and Rescue Service at the Clearbrook Fire Station. (Elmer C. Hodge, County Administrator) HEARD DURING THE 7:00 P.M. EVENING SESSION 2. Second reading of ordinance amending notice requirement of enforcement procedures for Section 12-125 "Removal of inoperative motor vehicles, etc.," Section 13-14. "Unlawful accumulations of trash and growth of weeds; public nuisances and abatement thereof." (Paul Mahoney, County Attorney) DEFERRED FROM SEPTEMBER 11, 2001 0-092501-5 JPM MOTION TO ADOPT ORDINANCE URC I. APPOINTMENTS 1. Building Code Board of Adjustments and Appeals serving as Fire Code Board of Appeals 2. Grievance Panel 3. Industrial Development Authority 4. League of Older Americans Advisory Council 5 5. Roanoke County School Blue Ribbon Committee 6. Social Services Advisory Board HOM NOMINATED MARY JANE PATISALL TO 4 YEAR TERM EXPIRING AUGUST 1 2005- CONFIRMED ON CONSENT AGENDA 7. Southwest Development Financing, Inc. 8. Roanoke Valley Area Metropolitan Planning Organization (MPO) Community Advisory Committee. 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-092501-6 HCN MOTION TO ADOPT CONSENT RESO URC 1. Request from Schools to accept and appropriate $3,271.95 Department of Education Grant for teacher certification training. A-092501-6.a 2. Confirmation of committee appointments to the Metropolitan Planning Organization Community Advisory Committee and the Social Services Advisory Board. A-092501-6.b 3. Request for acceptance and appropriation of Blue Ridge Behavioral Purchase Contracts. A-092501-6.c 4. Request from National Association of Counties (NACO) for adoption of resolutions concerning the September 11, 2001 terrorists attacks. a. Resolution condemning terrorism and supporting the President 6 of the United States in his efforts to defend the Country against terrorism. R-092501-6.d b. Resolution encouraging citizens to be vigilant and not vigilantes. R-092501-6.e 5. Acceptance of donation of two variable width water and sanitary sewer easements from Springwood Associates LLC for Springwood Park in the Cave Spring Magisterial District. A-092501-6.f 6. Request to accept and appropriate monies from Virginia Juvenile Community Crime Control Act (VJCCCA) for fiscal year 2001-2002. A-092501-6.g 7. Request from Schools to appropriate $500 from the Roanoke County Education Foundation for Substance Abuse Program team training. A-092501-6.h 8. Request from Schools to appropriate $11,310 grant from the Governor's Office for Substance Abuse Prevention complete a Comprehensive Youth Violence and Substance Abuse Prevention Community Needs Assessment and Action Plan for Roanoke County. A-092501-6.i 9. Acceptance of Glen Rock Lane and the remaining portion of Cedarmeade Drive into the Virginia Department of Transportation Secondary System. R-092501-6. i 10. Acceptance of a donation of a variable width sanitary sewer easement from Joe R. Blackstock and a sanitary sewer easement and 10 foot drainage easement from Ravi M. Anantaraman and Hutoxi Hathi, located in the Cave Spring Magisterial District. A-092501-6.k 11. Acceptance and appropriation of Section 18 grand funds on behalf of Unified Human Services Transportation System. 7 A-092501-6.1 12. Acceptance and appropriation of the Juvenile Accountability Incentive Block Grant. A-092501-6.m K. REQUESTS FOR WORK SESSIONS NONE L. REQUESTS FOR PUBLIC HEARINGS NONE M. CITIZENS' COMMENTS AND COMMUNICATIONS NONE N. REPORTS JPM MOTION TO RECEIVE AND FILE AFTER DISCUSSION - URC BLJ ASKED WHEN FINAL AUDIT WOULD BE AVAILABLE. ECH ADVISED 2ND OR 3RD WEEK IN OCTOBER. BLJ ASKED FORA REPORT ON REVENUES AND SALES TAX. HOM SUGGESTED BEGINNING TO LOOK AT COST SAVINGS. 1. General Fund Unappropriated Balance 2. Capital Fund Unappropriated Balance 3. Board Contingency Fund 4. Future School Capital Reserve 5. Accounts Paid -August 2001 6. Statements of the Treasurer's Accountability per Investment and Portfolio Policy as of: (a) July 31, 2001 8 (b) August 31, 2001 O. CLOSED MEETING pursuant to Code of Virginia Section 2.1-344 A (7) Consultation with legal counsel regarding a specific legal matter requiring the provision of legal advice by the County Attorney, namely, negotiation of an agreement with the Town of Vinton regarding the McDonald Farm development and actual litigation, namely AMT, Inc. vs. County of Roanoke and 2.1-344 A (3) consideration of the acquisition of real property for public purposes; 2.1-344 A (3) consideration of the sale of real estate, Salem Office Supply. HOM MOTION TO GO INTO CLOSED MEETING FOLLOWING WORK SESSIONS. URC CLOSED MEETING HELD FROM 6:00 TO 6:30 P. WORK SESSION (4T" FLOOR CONFERENCE ROOM) 1. Update on Citizen Inquiry System and other technology initiatives. (Mary Allen, Clerk to the Board, Anne Marie Green, General Services Director) DEFERRED FROM SEPTEMBER 11, 2001 HELD FROM 5:30 TO 5:45 P.M. BOARD MEMBERS ASKED TO LET MHA OR ELAINE CARVER KNOW WHETHER THEY PREFER A LAPTOP OR DESKTOP COMPUTER. SYSTEM SHOULD BE INSTALLED BY JANUARY 1 2002. 2. Discussion of proposed Interstate 73 corridor. (Arnold Covey, Community Development Director) DEFERRED FROM SEPTEMBER 11, 2001 HELD FROM 4:55 TO 5:30 P.M. HECTOR WILTSHIRE PRESENTED COMMENTS CONCERNING THE SOUTHEAST CORRIDOR CHOSEN ROUTE. JOYCE WAUGH, REGIONAL CHAMBER OF COMMERCE REMINDED BOARD THAT IMPROVEMENTS TO ROUTE 220 WILL INCREASE CAPACITY AND ADD ADDITIONAL LANES. STAFF DIRECTED TO BRING BACK RESO ON 10/9/01 SUPPORTING THE CONSTRUCTION OF I-73 BUT OPPOSING ANY ROUTE OTHER THAN THE I-581/ROUTE 220 CORRIDOR. 9 EVENING SESSION Q. CERTIFICATION RESOLUTION R-092501-7 HOM MOTION TO ADOPT CERTIFICATION RESOLUTION AND ANNOUNCED THAT ACQUISITION OF REAL PROPERTY FOR PUBLIC PURPOSES WAS NOT DISCUSSED. URC R. PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND AWARDS SECOND READING OF ORDINANCES 1. Second reading of ordinance to enter into a cooperative agreement between Roanoke City and Roanoke County for Fire and Rescue Service at the Clearbrook Fire Station. (Elmer C. Hodge, County Administrator) 0-092501-8 HOM MOTION TO ADOPT ORDINANCE URC S. PUBLIC HEARINGS 1. Public hearing on the issuance of general obligation school bonds to be sold to the Virginia Public School Authority for $13,745,000 to finance capital projects for Hidden Valley High School and Glenvar Middle School and adoption of a resolution. (Diane Hyatt, Chief Financial Officer) R-092501-9 HCN MOTION TO ADOPT RESOLUTION URC BLJ REQUESTED A COMBINED REPORT OF ATTACHMENT A AND ITEM N- 4 (FUTURE SCHOOL CAPITAL RESERVE 2. Public Hearing and request to adopt a resolution authorizing 10 approval for the Roanoke Valley Resource Authority to provide emergency assistance by disposing of asbestos resulting from the September 11 terrorist attack on the Pentagon. (Elmer Hodge, County Administrator) WITHDRAWN BECAUSE DEQ DOES NOT NEED TO USE SMITH GAP LANDFILL. T. PUBLIC HEARINGS AND SECOND READING OF ORDINANCES 1. Second reading of ordinance to rezone .398 acres from R-1 Residential District to C-1 Office District with conditions for expansion of a medical clinic and related parking, located at 3500 block of Pinevale Road, Windsor Hills Magisterial District, upon the petition of Windsor House. (Janet Scheid, Senior Planner) 11 CITIZENS SPOKE JPM MOTION TO REFER BACK TO THE PLANNING COMMISSION FOR FURTHER STUDY AND REVIEW. URC WITH HCN ABSENT 2. Second reading of ordinance to obtain a Special Use Permit to develop a golf course on 364 acres and rezone 118 acres from AG- 3, Agricultural to AR, Agricultural Residential, located at 3608 Pitzer Road, SE, Vinton Magisterial District, upon the petition of Nathaniel C. Haile. (Janet Scheid, Senior Planner) CONTINUED TO 10/23/01 AT REQUEST OF THE PETITIONER. U. CITIZEN COMMENTS AND COMMUNICATIONS NONE V. REPORTS AND INQUIRIES OF BOARD MEMBERS Supervisor Church announced that he attended the Rescue Mission in downtown Roanoke a few days ago and thanked the Mission for being so compassionate and offering assistance to so mangy Supervisor Johnson: (1) asked ECH to assist a citizen who purchased 11 property that had been rezoned from Residential to Industrial as part of a large County rezoning. The citizen is now selling his house and the purchaser cannot receive a mortgage because of the zoning classification ECH advised there were 3 homes on Country Farm Road and the request has to qo back through the Planning Commission to be rezoned He recommended that the County make the rezoning request and cover a~ costs. (2) Advised he attended the Groundbreaking ceremony for the new FAA tower at the Regional Airport with HOM. Supervisor Minnix: ~) Also advised he attended the groundbreaking ceremony and noted that both he and Supervisor Johnson are former members of the Roanoke Regional Airport Commission (2) He also attended the Rescue Mission with JBC and toured the facility He suggested that citizens volunteer their time to this cause especially on holidays. He advised they served 175 000 meals last year at a cost of 9 cents per plate. W. ADJOURNMENT HOM ADJOURNED MEETING AT 9:45 P.M. 12 ~ a nNO~ ~~~~~ F ~, Z 1838 ROANOKE COUNTY BOARD OF SUPERVISORS AGENDA SEPTEMBER 25, 2001 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, will be rebroadcast on Thursday at 7 p.m. and Saturday at 4 p.m., and are now closed captioned. Individuals who require assistance or special arrangements to participate in or attend Board of Supervisors meetings should contact the Clerk to the Board at (540) 772-2005 at least 48 hours in advance so reasonable accommodations may be made. A. OPENING CEREMONIES (3:00 P.M.) 1. Roll Call 2. Invocation: The Reverend Brian Clingenpeel Villa Heights Baptist Church Chaplain, Fire and Rescue Department 3. Pledge of Allegiance to the United States Flag B. REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF AGENDA ITEMS C. PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND PRESENTATIONS 1. Proclamation declaring the week of September 30 -October 6, 2001 as Mental Illness Awareness Week in Roanoke County. 2. Proclamation declaring October 2001 as United Against Hate Month in Roanoke County. 1 ® Recycled Paper 3. Proclamation declaring October 2001 Crime Prevention Month in the County of Roanoke. 4. Proclamation declaring the month of October 2001 as National Arts and Humanities Month in Roanoke County; Presentation on the Roanoke Valley Cultural Master Plan; and adoption of resolution of support. (Susan Jennings, Executive Director, The Arts Council of the Blue Ridge) 5. Proclamation declaring the month of October 2001 as National Disability Employment Awareness Month in Roanoke County and Request for appropriation of funds for the Annual Roanoke Valley Outstanding Employers of People with Disabilities Awards. (Debbie Pitts, Assistant Director of Recreation) D. BRIEFINGS 1. Briefing on fee transport billing process and public information. (Rick Burch, Chief of Fire & Rescue) E. NEW BUSINESS 1. Request for funds to remove lead-base paint from the Catawba Community Center. (Debbie Pitts, Assistant Director of Recreation) 2. Request for approval of the 2002 Holiday Schedule. (Joseph Sgroi, Human Resources Director) DEFERRED FROM SEPTEMBER 11, 2001 3. Request for transfer and appropriation of funds for Cresthill Phase II water line replacement project. (Gary Robertson, Utility Director) 4. Amendments to the Intergovernmental Agreement for the establishment of a Joint Public Safety Radio System. (John Chambliss, Assistant Administrator) F. REQUEST FOR PUBLIC HEARINGS AND FIRST READING OF REZONING ORDINANCES -CONSENT AGENDA: Approval of these items does not indicate support for, or judge the merits of, the requested zoning acfions but satisfies procedural requirements and 2 schedules the Public Hearings which will be held after recommendation by the Planning Commission. 1. First reading of ordinance to amend the Roanoke County zoning ordinance, Section 30-21 (B) Enforcement Procedures upon the petition of the Roanoke County Planning Commission. G. FIRST READING OF ORDINANCES 1. First reading of ordinance amending ordinance 021098-9 and 032498-7 which vacated and closed public rights-of way and released public property interests in and around Pinkard Court subdivision, to delete the condition in each ordinance that the specified properties be acquired in one common ownership (Lowe's Inc.) and combined into one tract or parcel, and to otherwise ratify and approve each of said ordinances. (Vickie Huffman, Assistant County Attorney) DEFERRED FROM SEPTEMBER 11, 2001 2. First reading of ordinance authorizing the acquisition of flood-prone properties for preservation of floodplain land related to the Carvin Creek Hazard Mitigation Project located on Palm Valley Road in the Hollins Magisterial District. (George Simpson, Community Development Assistant Director H. SECOND READING OF ORDINANCES 1. Second reading of ordinance to enter into a cooperative agreement between Roanoke City and Roanoke County for Fire and Rescue Service at the Clearbrook Fire Station. (Elmer C. Hodge, County Administrator) 2. Second reading of ordinance amending notice requirement of enforcement procedures for Section 12-125 "Removal of inoperative motor vehicles, etc.," Section 13-14. "Unlawful accumulations of trash and growth of weeds; public nuisances and abatement thereof." (Paul Mahoney, County Attorney) DEFERRED FROM SEPTEMBER 11, 2001 I. APPOINTMENTS 1. Building Code Board of Adjustments and Appeals serving as Fire 3 Code Board of Appeals 2. Grievance Panel 3. Industrial Development Authority 4. League of Older Americans Advisory Council 5. Roanoke County School Blue Ribbon Committee 6. Social Services Advisory Board 7. Roanoke Valley Area Metropolitan Planning Organization (MPO) Community Advisory Committee. 8. Southwest Development Financing, Inc. 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. Request from Schools to accept and appropriate $3,271.95 Department of Education Grant for teacher certification training. 2. Confirmation of committee appointments to the Metropolitan Planning Organization Community Advisory Committee and the Social Services Advisory Board. 3. Request for acceptance and appropriation of Blue Ridge Behavioral Healthcare Purchase Contracts. 4. Request from National Association of Counties (NACO) for adoption of resolutions concerning the September 11, 2001 terrorists attacks. a. Resolution condemning terrorism and supporting the President of the United States in his efforts to defend the Country 4 against terrorism. b. Resolution encouraging citizens to be vigilant and not vigilantes. 5. Acceptance of donation of two variable width water and sanitary sewer easements from Springwood Associates LLC for Springwood Park in the Cave Spring Magisterial District. 6. Request to accept and appropriate monies from Virginia Juvenile Community Crime Control Act (VJCCCA) for fiscal year 2001-2002. 7. Request from Schools to appropriate $500 from the Roanoke County Education Foundation for Substance Abuse Program team training. 8. Request from Schools to appropriate $11,310 grant from the Governor's Office for Substance Abuse Prevention to complete a Comprehensive Youth Violence and Substance Abuse Prevention Community Needs Assessment and Action Plan for Roanoke County. 9. Acceptance of Glen Rock Lane and the remaining portion of Cedarmeade Drive into the Virginia Department of Transportation Secondary System. 10. Acceptance of a donation of a variable width sanitary sewer easement from Joe R. Blackstock and a sanitary sewer easement and 10 foot drainage easement from Ravi M. Anantaraman and Hutoxi Hathi, located in the Cave Spring Magisterial District. 11. Acceptance and appropriation of Section 18 grant funds on behalf of Unified Human Services Transportation System. 12. Acceptance and appropriation of the Juvenile Accountability Incentive Block Grant. K. REQUESTS FOR WORK SESSIONS L. REQUESTS FOR PUBLIC HEARINGS 5 M. CITIZENS' COMMENTS AND COMMUNICATIONS N. REPORTS 1. General Fund Unappropriated Balance 2. Capital Fund Unappropriated Balance 3. Board Contingency Fund 4. Future School Capital Reserve 5. Accounts Paid -August 2001 6. Statements of the Treasurer's Accountability per Investment and Portfolio Policy as of: (a) July 31, 2001 (b) August 31, 2001 O. CLOSED MEETING pursuant to Code of Virginia Section 2.1-344 A (7) Consultation with legal counsel regarding a specific legal matter requiring the provision of legal advice by the County Attorney, namely, negotiation of an agreement with the Town of Vinton regarding the McDonald Farm development and actual litigation, namely AMT, Inc. vs. County of Roanoke and 2.1-344 A (3) consideration of the acquisition of real property for public purposes; 2.1-344 A (3) consideration of the sale of real estate, Salem Office Supply. P. WORK SESSION (4T" FLOOR CONFERENCE ROOM) 1. Update on Citizen Inquiry System and other technology initiatives. (Mary Allen, Clerk to the Board, Anne Marie Green, General Services Director) DEFERRED FROM SEPTEMBER 11, 2001 2. Discussion of proposed Interstate 73 corridor. (Arnold Covey, Community Development Director) DEFERRED FROM SEPTEMBER 11, 2001 EVENING SESSION 6 Q. CERTIFICATION RESOLUTION R. PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND AWARDS S. PUBLIC HEARINGS 1. Public hearing on the issuance of general obligation school bonds to be sold to the Virginia Public School Authority for $13,745,000 to finance capital projects for Hidden Valley High School and Glenvar Middle School and adoption of a resolution. (Diane Hyatt, Chief Financial Officer) 2. Public Hearing and request to adopt a resolution authorizing approval for the Roanoke Valley Resource Authority to provide emergency assistance by disposing of asbestos resulting from the September 11 terrorist attack on the Pentagon. (Elmer Hodge, County Administrator) T. PUBLIC HEARINGS AND SECOND READING OF ORDINANCES 1. Second reading of ordinance to rezone .398 acres from R-1 Residential District to C-1 Office District with conditions for expansion of a medical clinic and related parking, located at 3500 block of Pinevale Road, Windsor Hills Magisterial District, upon the petition of Windsor House. (Janet Scheid, Senior Planner) 2. Second reading of ordinance to obtain a Special Use Permit to develop a golf course on 364 acres and rezone 116 acres from AG- 3, Agricultural to AR, Agricultural Residential, located at 3608 Pitzer Road, SE, Vinton Magisterial District, upon the petition of Nathaniel C. Haile. (Janet Scheid, Senior Planner) U. CITIZEN COMMENTS AND COMMUNICATIONS V. REPORTS AND INQUIRIES OF BOARD MEMBERS W. ADJOURNMENT 7 ACTION NO. ITEM NUMBER ~~ -"° ~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 25, 2001 AGENDA ITEM: Proclamation Declaring the Week of September 30 -October 6, 2001 as Mental Illness Awareness Week in Roanoke County COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: June Poe, President of the Roanoke Valley Chapter of the National Alliance for the Mentally III has requested that the Board of Supervisors assist her in bringing facts about serious mental illness and it's impacts to light by proclaiming this week for mental illness awareness. Ms. Poe plans to be in attendance at the meeting. The National Alliance for the Mentally III is a grass roots organization with the goals of advocating for services for the mentally ill and educating the public as to the importance of getting treatment for those directly affected. The National Association for the Mentally III has provided the following information regarding the impact of mental illness on our society: In any given year, more than five million Americans suffer from an acute episode of mental illness. One in every five families is affected in their lifetime by a severe mental illness, such as bipolar disorder, schizophrenia and major depression. The number one reason for hospital admission nationwide is a biological psychiatric condition. Approximately 20 percent of all hospital beds are currently filled by people with a mental illness. The total price tag of mental illness in this country is estimated to be $148 billion annually including direct medical care costs and indirect costs (lost wages, family care giving, losses due to suicide). One in ten children and adolescents have mental illness severe enough to cause some level of impairment, yet fewer than one in five of these young people receive needed treatment. "` ^ Stigma remains the number one barrier to mental health service according to a 1999 study by United States Surgeon General. ^ Mental illness is treatable through therapy and medication in 60 to 80 percent of cases. Comparatively, the success rate for treatments for heart disease is 41-52 percent. Roanoke County does a commendable job of providing its share of funding for mental health services through the annual allocation to Blue Ridge Behavioral Health Care, by providing funding for services for children through CPMT, as well as through other programs provided by the Department of Social Services. A program recently instituted by the Roanoke County Police Department, Critical Incident Training, teaches Police Officers to recognize mental illness in citizens and help them to receive appropriate crisis intervention services. STAFF RECOMMENDATION: Staff recommends the week of September 30 -October 6 be declared Mental Illness Awareness Week in Roanoke County. Respectfully Submitted by: Daniel R. O'Donnell Assistant County Administrator Approved by: ~~~s~x~.i ~/ Elmer C. Hodge County Administrator ------------------------------------------------------------------------------------------------------------------ ACTION VOTE No Yes Abs Approved () Motion by: Church _ _ _ Denied () Johnson _ _ _ Received () McNamara- _ _ Referred () Minnix _ _ _ To () Nickens µ 1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 25, 2001, PROCLAIMING SEPTEMBER 30 THROUGH OCTOBER 6, 2001, AS MENTAL ILLNESS AWARENESS WEEK IN ROANOKE COUNTY WHEREAS, the strongest weapon in the fight against mental illness is science. During the past decade, a wide array of effective new medications for severe mental illness have been developed; and WHEREAS, a new perception of mental illness is emerging-one that focuses on early intervention, effective treatment, rehabilitation, and recovery. No area of health care is changing more than mental health. Advances are prompted by better science and more research, the information revolution, the important role consumers play in advocating for themselves, and family members who speak out for their loved ones; and WHEREAS, treatment works-if a person with a mental illness can get it. Science has greatly expanded our understanding and treatment of severe mental illnesses. Individuals with these disorders have a real chance at reclaiming full and productive lives if they have access to the treatments, services, and programs so vital to recovery; and WHEREAS, research on mental illness is significantly underfunded in relation to its economic and public health impact. Depression, bipolar disorder, schizophrenia, and obsessive-compulsive disorder account for an estimated 20 percent of the world's total disability resulting from all diseases and injuries; and WHEREAS, stigma continues to be the single most significant barrier to people getting the help they need. As underscored by the U.S. Surgeon General David Satcher in his 1999 report on mental health, stigma toward mental illness remains a pervasive and 1 ~' potentially lethal barrier to mental illness recovery. NOW, THEREFORE, WE, the Board of Supervisors of Roanoke County, Virginia do hereby proclaim September 30 through October 6, 2001 as MENTAL ILLNESS AWARENESS WEEK throughout the County of Roanoke to increase public awareness of severe mental illness and to promote greater understanding for those who suffer from the potentially disabling symptoms of these disorders 2 ti 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: September 25, 2001 AGENDA ITEM: Proclamation declaring October 2001 as United Against Hate Month in Roanoke County. COUNTY ADMINISTRATOR'S COMMENTS: BACKGROUND: Under the direction of the U. S. Attorney's Office of the Western District of Virginia, the Hate Crimes Working Group was formed in 1999. During 2001, the Hate Crimes Working Group began a major community initiative and are asking all local governments to issue proclamations declaring October 2001 as United Against Hate Month. Attached is a background sheet describing the development of the Hate Crimes Working Group, their objectives and membership. Brenda Hale, a member of the Hate Crimes Working Group, will be present to accept the proclamation, along with other members of the committee who are able to attend. G~~~~1~C-c.. C~ , ~1'-7tis~-~, Elmer C. Hodge County Administrator ACTION VOTE No Yes Abs Approved () Motion by: Church Denied () Johnson _ _ _ Received () McNamara- Referred () Minnix To () Nickens ~~ HATE CRIMES WORKING GROUP BACKGROUND The United States Attorneys serve as the nation's principal litigators under the direction of the Attorney General. There are 93 United States Attorneys stationed throughout the United States, Puerto Rico, the Virgin Islands, Guam, and the Northern Mariana Islands. United States Attorneys are appointed by, and serve at the discretion of, the President of the United States, with advice and consent of the United States Senate. One United States Attorney is assigned to each of the judicial districts, with the exception of Guam and the Northern Mariana Islands, where a single United States Attorney serves in both districts. Each United States Attorney is the chief federal law enforcement officer of the United States within his or her particular jurisdiction. Under the direction of the US Attorney's Office of the Western District of Virginia, the Hate Crimes Working Group was formed in 1999. The purpose of this working group is to: gain a broader understanding of hate crimes and incidents within the area, to bring together diverse community representation to lend appropriate perspectives to hate and to develop initiatives to eradicate hate from our community. During 2001, the Hate Crimes Working Group began a major community initiative which has resulted in the month of October as "United Against Hate Month". This has been designated to promote education within the greater Roanoke Valley about hate crimes and incidents, the devastation of hate on victims and the larger community, and to build a better, more tolerant community as individuals and organizations work together. In view of the actions of hate groups against the United States of America as experienced in the devastation of lost lives and properties in both the New York and Northern Virginia areas, it is time to work together to promote tolerance and understanding of all people, especially here in our valley. For the month of October, we are requesting all local governments to issue proclamations declaring the month as "United Against Hate" Month. In addition, we will promote various activities throughout our valley, including Christiansburg. There is no better time than now to address the issue of Hate. The following organizations and individuals comprise the Hate Crimes Working Group: U. S. Attorney's Office, Roanoke City Police Department, The National Conference for Community and Justice -Roanoke Region, City of Roanoke's Commonwealth's Attorney Office, Federal Bureau of Investigation, GLBT People and Friends for Community and Justice, Roanoke Valley Community Relations Conference Committee, MHC Branch- NAACP/Citizens Against Family Violence, Roanoke Branch- NAACP, Roanoke City Schools, Metropolitan Community Church of the Blue Ridge, Drug Enforcement Administration, U. S. Marshals Service, Leaders Network Group, Community Relations Service-U. S. Department of Justice, Phil., PA., City of Roanoke, Refugee and Immigration Services, Roanoke Baptist Ministers Conference, City of Martinsville's Commonwealth's Attorney Office, North Carolina/Virginia -Anti-Defamation League, Bureau of Alcohol, Tobacco and Firearms, area ministers and local attorneys. ~' AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 25, 2001 PROCLAMATION DECLARING OCTOBER 2001 AS UNITED AGAINST HATE MONTH IN ROANOKE COUNTY WHEREAS, various community organizations, civic groups, religious organizations and governmental bodies concerned with the growing incidences of hate in our country and community were organized in 1999 for the purpose of gaining a broader understanding of hate within our valley; and WHEREAS, this working group wanted to bring together diverse community representation to lend appropriate perspectives to hate and to develop initiatives to eradicate hate from our community; and WHEREAS, this working group began a major community initiative to promote education regarding hate incidents, the devastation of hate on victims and the community and to build a better, more tolerant community as individuals and organizations work together; and WHEREAS, this country has become a victim of hate within recent weeks and all communities must join hands to confront hate. NOW, THEREFORE, WE, the Board of Supervisors of Roanoke County, Virginia, do hereby proclaim the month of October 2001 as UNITED AGAINST HATE MONTH in Roanoke County and encourage social and community tolerance among our citizens. _~r ~ cJ cr m 0.~ ~ O o~ ?°A"0~F` AGENDA ITEM NO. e ~. Z ~, ov ; ~' a ,83a APPEARANCE REQUEST PUBLIC HEARING ORDINANCE CITIZEN COMMENTS SUBJECT: ~, ~ - ~ ~~d C~~e ~i ~r ~~ ~~~ o~~~ v~~ ~' ~e d ~ ~ R u~ _ 9 u ~S, iQ`>~~~1 ~ ~5 ~r9-v~t~n ~`>~~ e ~ ~/_ I would like the Chairman of the Board of Supervisors to recognize me during the i~`- meeting on the above matter so that I may comment. WHEN CALLED TO THE LECTERN, / W/LL G/VE MY NAME AND ADDRESS FOR THE RECORD, /AGREE TO AB/DE BY THE GU/DEL/NES L/STED BELOW: ^ Each speaker will be given between three to five minutes to comment whether speaking as an individual or representative. The Chairman will decide the time limit based on the number of citizens speaking on an issue, and will enforce the rule unless instructed by the majority of the Board to do otherwise. ^ The speaker will be limited to a presentation of his/her point of view only. Questions of clarification may be entertained by the Chairman. ^ All comments must be directed to the Board. Debate between a recognized speaker and audience members is not allowed. ^ Both speakers and the audience will exercise courtesy at all times. ^ Speakers are requested to leave any written statements and/or comments with the Clerk to the Board. ^ Individuals speaking on behalf of an organized group shall file with the Clerk written authorization from the Group allowing the individual to represent them. PLEASE PRINT LEGIBLY AND GIVE TO THE CLERK TO THE BOARD NAME: ~---~ 6~ -(~iv~, c~ ADDRESS: 3S- qS ~ yo/~' PHONE: `~ ~'~/ ~- '~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 25, 2001 PROCLAMATION DECLARING OCTOBER 2001 CRIME PREVENTION MONTH IN THE COUNTY OF ROANOKE WHEREAS, the vitality of Roanoke County depends on how safe we keep our homes, neighborhoods, schools, workplaces and communities; and WHEREAS, crime and fear of crime destroy our trust in others and in institutions, threatening the community's health, prosperity and quality of life; and WHEREAS, people of all ages must be made aware of what they can do to prevent themselves, their families and neighbors and co-workers from being harmed by crime, violence and drugs; and WHEREAS, the personal injury, financial loss and community deterioration resulting from crime are intolerable; and WHEREAS, effective prevention requires investment by the entire community; and WHEREAS, crime prevention initiatives must include self-protection and security, but they must go beyond these to promote collaborative efforts to make neighborhoods safer for all ages and to develop positive opportunities for young people; and WHEREAS, adults must invest time, resources and policy support in effective prevention and intervention strategies for youth, and teens must be engaged actively in driving crime from their communities; and WHEREAS, effective crime prevention programs excel because of partnerships among law enforcement, other government agencies, civic groups, schools, faith 1 Y w C''.~ communities, businesses and individuals as they help to nurture communal responsibility and instill pride. NOW, THEREFORE, WE, the Board of Supervisors of Roanoke County, Virginia, on behalf of all of its citizens, do hereby proclaim the month of October 2001 as CRIME PREVENTION MONTH in the County of Roanoke; and FURTHER, that the Board of Supervisors urges all citizens, government agencies, public and private institutions and businesses to invest in the power of prevention and work together for the common good of all citizens and their safety. 2 C L/ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 25, 2001 RESOLUTION 092501-1 IN SUPPORT OF THE "MASTER PLAN FOR THE CULTURAL INSTITUTIONS OF THE ROANOKE VALLEY." WHEREAS, a steering committee comprised of representatives of the eighteen major cultural and 5 major economic development organizations in the Roanoke Valley, representatives of the two Civic Centers, and representatives of the governments of the Cities of Salem and Roanoke and the County of Roanoke have worked diligently to develop a Master Plan for our cultural resources, and WHEREAS, the cultural assets of the region are an important economic, educational and quality of life resource, and WHEREAS, the Master Plan provides methods to work cooperatively to strengthen and enhance the region's cultural institutions, and WHEREAS, the preservation of such cultural assets will assist Roanoke County and the region in achieving economic growth and educational excellence; NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of the County of Roanoke that the County of Roanoke has an interest in the preservation and enhancement of the region's cultural institutions and therefore endorses the Master Plan for the Cultural Institutions of the Roanoke Valley and supports the efforts of The Arts Council of the Blue Ridge and all the participating organizations to implement the Master Plan. On motion of Supervisor Church to adopt the resolution, and carried by ACTION NO. ITEM NUMBER AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 25, 2001 AGENDA ITEM: Proclamation declaring the month of October 2001 as National Arts and Humanities Month in Roanoke County, and Presentation and Resolution of Support concerning the Master Plan for Cultural Institutions of the Roanoke Valley COUNTY ADMINISTRATOR'S COMMENTS: ~-~'' ~--~ a-.y, ' BACKGROUND: Susan Jennings, Executive Director of the Blue Ridge Arts Council, has requested the opportunity to (1) Receive a Proclamation declaring the month of October 2001 as National Arts and Humanities Month in Roanoke County, (2) to make a presentation on the status of the Master Plan for Cultural Institutions of the Roanoke Valley; and (3) request a resolution of support for the Master Plan. The attached plan is designed to bring all the various cultural groups etc. together to help look at the overall impact of the arts in the valley, to improve opportunities for fundraising, (especially with the reduction in state funding) and addresses the issues of infrastructure and transportation, marketing, legislative, funding, and education and programming. This valley wide collaborative effort, which has been going on for almost a year, has included representatives of all the cultural arts organizations, local governments, economic development officials, businesses, and private individuals. It is also hoped that this process and plan will help enhance the awareness and show the impact and value the cultural institutions have on the community's quality of life and well as economic development. Susan is also requesting that the Board support the attached proclamation proclaiming October as Arts and Humanities month. FISCAL IMPACT: None STAFF RECOMMENDATION: Staff recommends the Board pass the resolution of support for the Master Plan for the Cultural Institutions of the Roanoke Valley and the Proclamation establishing October as Arts and Humanities Month in Roanoke County. C ~~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 25, 2001 RESOLUTION IN SUPPORT OF THE "MASTER PLAN FOR THE CULTURAL INSTITUTIONS OF THE ROANOKE VALLEY." WHEREAS, a steering committee comprised of representatives of the eighteen major cultural and 5 major economic development organizations in the Roanoke Valley, representatives of the two Civic Centers, and representatives of the governments of the Cities of Salem and Roanoke and the County of Roanoke have worked diligently to develop a Master Plan for our cultural resources, and WHEREAS, the cultural assets of the region are an important economic, educational and quality of life resource, and WHEREAS, the Master Plan provides methods to work cooperatively to strengthen and enhance the region's cultural institutions, and WHEREAS, the preservation of such cultural assets will assist Roanoke County and the region in achieving economic growth and educational excellence; NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of the County of Roanoke that the County of Roanoke has an interest in the preservation and enhancement of the region's cultural institutions and therefore endorses the Master Plan for the Cultural Institutions of the Roanoke Valley and supports the efforts of The Arts Council of the Blue Ridge and all the participating organizations to implement the Master Plan. 2 A MASTER PLAN FOR THE CULTURAL INSTITUTIONS OF THE ROANOKE VALLEY -EXECUTIVE SUMMARY THE VISION The Master Plan looked at long-range preservation and enhancement of cultural, environmental, aesthetic and economic values within the Roanoke Valley and how these values have potentially important statewide economic value. The process involved a multi- disciplinary assessment of existing opportunities and constraints within the Valley. The plan illustrates how to better preserve and develop the institutions as well as how to improve the identity and promote transportation connections between these institutions. While the first phase of the planning process was limited to cultural institutions in the Roanoke Valley, it is anticipated that in the second phase, the cultural attractions in smaller localities will tie in to the outcomes. THE PURPOSE Our regional cultural industry is threatened by the recent state cuts, the inability of many local businesses to continue past levels of support, and the fact that many major individual arts and cultural donors have passed away in recent years. The cultural community is striving for a way to be less dependant on the whims of government funding through the Master Planning process. The process itself has brought awareness to the importance of arts and culture to our region. The plan will demonstrate the impact these institutions have on the Roanoke Valley's quality of life and economic vitality so will be invaluable for fundraising on the local, state and federal level. THE PROCESS For over seven years, the directors of the sixteen major cultural organizations in the Roanoke Valley have been meeting on a regular basis to discuss common issues and plan cooperative ventures. Several joint marketing programs have developed from those meetings including the Adventures on the Blue Ridge Trail Program and the current Culture Card Project. Additionally, the group has coordinated legislative efforts on a limited basis over the last six years. These meetings are coordinated by the executive director of The Arts Council of the Blue Ridge (TAC). Two members of the Executive Directors Council brought the idea of a Master Plan to that body in November, 2000. They attended a presentation on a similar project in Richmond and thought it would be a logical pursuit for our region. The Executive Directors Council asked TAC to take on the coordination of the Master Plan based on the past experience with such projects. TAC led the first community cultural planning process conducted in this area in the 1990s. Additionally, The Arts Council held "Cultural Summit 2000" in conjunction with Hollins University, the Roanoke Valley Economic Development Partnership and the Roanoke Valley Convention and Visitors Bureau in Apri12000. TAC established "Action Teams" that were meeting and implementing the recommendations from the workshops conducted as part of that daylong event. TAC took on the Master Plan coordination and melded it into the work of the Cultural Summit Action Teams. The decision was made to concentrate first on the Roanoke Valley and develop a plan that could be expanded and used as a regional model. Participation was secured from the City of Salem, City of Roanoke and Roanoke County. Area economic development organizations also agreed to take part. A steering committee was formed with representatives from each of the participating organizations. 3 These included: ,/1. The Art Museum of Western Virginia The Arts Council of the Blue Ridge Center in the Square City of Roanoke City of Salem Downtown Roanoke, Inc. Roanoke Festival in the Park History Museum & Historical Society of Western Virginia Harrison Museum of African American Culture Jefferson Center Mill Mountain Theatre Mill Mountain Zoo Opera Roanoke Roanoke Ballet Theatre Roanoke Civic Center Roanoke County Roanoke Regional Chamber Of Commerce Roanoke Symphony Orchestra & Chorus Roanoke Valley Convention & Visitors Bureau Roanoke Valley Economic Development Partnership Salem Civic Center Salem Museum Salem/Roanoke County Chamber Of Commerce Science Museum of Western Virginia Southwest Virginia Ballet To The Rescue Museum Virginia Museum of Transportation Virginia's Explore Park The Arts Council, with the assistance of the Executive Director's Council, applied for and received a planning grant from the Fifth Planning District Regional Alliance. In-kind facilitation for the workshops was secured from the Virginia Tech Public Service Programs Department. Each participating cultural organization pledged funds by a formula based on budget size. With funding secured, the first step was a half day workshop for the Master Plan Steering Committee led by Dr. Doug McAlister and Charlotte Reed of VA Tech. The steering committee developed a vision and various members volunteered to head up five sub- committees formed around the common topics that emerged: • Education and Programming • Funding • Legislative • Marketing • Transportation and Infrastructure The executive director of TAC was chosen to chair the steering committee and coordinate the work of the sub-committees. With the assistance of the sub-committee co-chairs, a White 4 Paper was developed which outlined the goals of the project and the various topics to be ~,~ ~.( considered by each sub-committee. 1 The following tasks took place in June and July of 2001 in order to gather public input as a significant component of the planning process: • Executive Directors of cultural agencies presented the White Paper to their boards • Workshops on each of the five topic areas were held with an attendance of 104 • Master Plan information was posted on Arts Council web site and 200 extra hits were experienced • Email addresses of all co-chairs circulated for comment to a mailing list of over 600 • Two committee report out sessions were attended by 105 citizens THE COMMON THEMES Throughout the planning process, several common themes emerged. Because these themes arose in the individual topic workshops as well as in the final report sessions they are worth noting. • The need for internal PR within the Roanoke region as well as external marketing to attract tourists • The development of joint programming, marketing and legislative activities • The exploration of the hiring of professionals to assist with joint legislative and marketing activities • The expansion of support and cooperative efforts with educational institutions from elementary to elderhostel • The need for those within the cultural community holding like jobs and volunteer positions to have more opportunities to communicate. Specific ideas included a Council of Presidents, a media group and an education/program group. • The need for those cultural organizations who have developed particular skills to share with other organizations through training workshops. • The importance of packaging/bundling • The need to consider technological improvements and how they can enhance each focus area THE PARTICIPANTS Master Plan Steering Committee Aletha Bolden Executive Director Janet Burrow Executive Director Kent Chrisman Executive Director Jenefer Davies- Executive Director Mansfield Brian Duvall Executive Director Roger Ellmore Executive Director Jim Evans Director Pete Haislip Director Carey Harveycutter Director Mary Hill Executive Director Jere Hodgin Executive Director Susan Jennings Executive Director Forest Jones City Manager Matt Kennell President Jane Kenworthy Executive Director David Kjolhede Executive Director Bill Krause Executive Director Lorraine Lange Assistant Superintendent/Inst ruction Judy Larson Executive Director Sue Taylor Executive Director Elizabeth Neu Executive Director Beth Poff Executive Director Gene Post Executive Director Stu Israel Executive Director Stewart Hill Acting Exec. Director James Sears President & GM Phil Sparks Executive Director Kay Strickland Executive Director Wayne Strickland Executive Director Joyce Waugh V.P. Public Policy a~i Harrison Museum of African American Culture Jefferson Center Foundation History Museum & Historical Society of Westeri Virginia Roanoke Ballet Theatre Salem/Roanoke County Chamber of Commerce Virginia's Explore Park Roanoke Civic Center Roanoke Co. Department of Parks, Recreation Tourism The Salem Civic Center The Salem Museum Mill Mountain Theatre The Arts Council of the Blue Ridge City of Salem Downtown Roanoke Inc. Roanoke Symphony Orchestra & Chorus Roanoke Valley Convention & Visitors Bureau Opera Roanoke Roanoke County Schools Art Museum of Western Virginia To The Rescue-Julian Stanley Wise Foundatioi Department of Economic Development/City of Roanoke Mill Mountain Zoo Southwest Virginia Ballet Company Roanoke Festival in the Park Science Museum of Western Virginia Center in the Square The Roanoke Valley Economic Development Partnership Virginia Museum of Transportation Roanoke Valley Alleghany Regional Commissic Roanoke Regional Chamber of Commerce Facilitators Doug McAlister Director Charlotte Reed Economic Development Specialist Virginia Tech/Public Service Programs Virginia Tech/Public Service Programs 6 MASTER PLAN SUB-COMMITTEES c. "~" Funding -Jim Sears, Jere Hodgin, Co-Chairs John Levin Beth Neu Wayne Strickland Beth Poff Phil Sparks Forest Jones Education & Programming -Jenny Davies, Lorraine Lange, Co-Chairs Mary Hill Judy Larson Ira Tollinger Ken Schutz Lee Hardin Woody Marketing -Jane Kenworthy, Bill Krause, Co-Chairs Wendy Schultz Joe Glossen Mike Warner Gene Post Carey Harveycutter Jim Evans Granger McFarlane Legislative -Roger Ellmore, Joyce Waugh, Co-Chairs Sue Taylor Dave Kjolhede Brian Duvall Kay Strickland Transportation & Infrastructure -Kay Strickland, Kent Chrisman, Co-Chairs Aletha Bolden Janet Burrow Frank Eastburn Matt Kennell Pete Haislip A Master Plan Executive Committee was comprised of the sub-chairs and ad hoc members who oversaw the day to day process. THE SPONSORS The Fifth Planning District Regional Alliance VA Tech Public Service Program Department Roanoke County Schools THE IMPLEMENTATION The Steering Committee will dissolve after the plan is published and promoted but Sub- committees will stay intact (each member of the Steering Committee is on a sub committee). Committee co-chairs will continue to lead the work of the committees and report back to the Executive Directors Council. The Arts Council will oversee the implementation and will apply for a grant to hire a Master Plan Coordinator. MASTER PLAN GOALS ~ _~ EDUCATION & PROGRAMMING GOALS 1. Revise, market and publish on the web the Arts and Cultural Education Guide that outlines the cultural education opportunities offered by Roanoke Valley cultural organizations. 2. Develop a plan where the cultural organizations collaborate thematically and align with the Standards of Learning. 3. Develop shared study guides and teacher training. 4. Develop a plan to attract adult and non-traditional participants to cultural attractions. 5. Explore opportunities to partner with the institutions of higher education for performing arts and cultural opportunities for lifelong learning. FUNDING GOALS 1. Identify new sources of funding to support operational expenses of cultural organizations and thereby create and maintain a broader base for cultural organizations. 2. Identify foundations and other funding sources that would respond to collaborative efforts/programming although they might reject requests from individual organizations. 3. Create awareness among companies and firms of the impact of corporate underwriting of the region's cultural organizations. Demonstrate the economic impact in terms that are readily understood by potential donors and sponsors. LEGISLATIVE GOALS 1. Consolidate lobbying effort for greater effectiveness. 2. Establish methods of demonstrating to state legislators cooperative efforts between cultural attractions that increase their appreciation for what these groups do for the entire region. 8 ~~ 1 3. Develop methods of showing the economic impact of cultural groups in terms that are easily understood by legislators, state executive branch, business leaders and the general public. 4. Discuss alternative funding mechanisms whereby the Commonwealth of Virginia can adequately support the region's cultural organizations. MARKETING GOALS 1. Coordinate marketing efforts to bring economies of scale. 2. Devise methods to "put ourselves in each other's homes" and publications. 3. Develop a media campaign to promote events and programs more effectively and jointly. 4. Raise public awareness of the diverse cultural organizations in the region as well as inform citizens and businesses of the realities behind funding needs. (Example: admission and related fees account for a small percentage of the costs and services) TRANSPORTATION/INFRASTRUCTURE GOALS 1. Establish a comprehensive signage system for the region with signage off major transportation arteries to cultural sites. 2. Implement a comprehensive transportation system from central points for the arts and cultural community in the valley. 3. Advocate for improved physical infrastructure to enhance the quality of the cultural visitor's experience. 4. Develop and recommend the implementation of a comprehensive plan for structural development that enhances the cultural experience. 5. Provide a proactive environment for the establishment of new cultural product. ACTION OBJECTIVES 9 ~•l~ EDUCATION & PROGRAMMING GOALS Education Goal 1: Revise, market and publish on the web the Arts and Cultural Education Guide that identifies the cultural education opportunities offered by Roanoke Valley cultural institutions. Action/Objectives: 1. Gather a core group to analyze the current guide for revisions and update. a. Determine how we can relate the guide to the SOL's -work closely with educational community b. Revise guide to include new artists and organizations 2. Identify funding and in-kind donations to support this initiative 3. Plan and schedule an evening showcase for educators, local government officials, and economic developers, etc. Collaborate with partners (Community College, Public TV, radio, and Arts Council) a. Coordinate with one that is currently scheduled for day program -Young Audiences of VA b. Videotape the showcase and make it available free for educators Timeline 1. November 2001 2. April 2002 3. Sept. 20,2001 and Fall 2002 Responsibility: 1. Sandy Smith (Rke.City Schools) and Lorraine Lange (Rke. County Schools) 2. Co-Chairs of Education 3. Young Audiences & Roma Scriven (RSO) Education Goal 2: Develop a plan where the cultural organizations collaborate thematically and align with the Standards of Learning Action/Objectives: 1. Form a committee, in partnership with the Marketing Committee, to meet regularly to discuss potential joint programming themes. 2. Create a list serve to share programming ideas -make it require a response. a. Create and share a master planning calendar among organizations 10 3.Identify 5-10 SOL's in particular need of support help from cultural ~ ~~ organizations to demonstrate more success 4.Work with Funding Committee to identify sources of funding. Timeline: 1. September 2001 2. January 2002 3. January 2002 Responsibility: 1. ED Council & Jenny Davies (RBT) 2. Arts Council 3. School Systems -Paul, Lorraine, Cheri (Roanoke County Schools) Education Goal 3: Develop shared study guides and teacher training. Action/Objectives: 1. Hold regular meetings of education directors of cultural organizations to determine how cultural organizations can collaborate for greater public impact. 2. Survey current training programs which provide arts education for teachers to determine needs. 3. Hold a workshop for cultural organizations on developing study guides. 4. Explore re-certification points for semester long course. Timeline: September 2001 Responsibility: 1. Jenny Davies (RBT) 2. Young Audiences, Laura Montgomery (VMT) 3. Mill Mountain Theatre 4. Lorraine Lange (Rke. County Schools) Education Goal 4: Develop a plan to attract adult and non-traditional participants to cultural activities Action/Objective: 1. Research examples of such programs in other communities. 2. Determine tie-ins with elderhostels, continuing ed. classes 3. Develop a "cultural appreciation" class for adults perhaps at the Higher Ed. Center 4. Tap Smith Mountain Lake residents, visitors and conference attendees at local hotels for new audiences 5. Explore collaborative opportunities to offer adult programs with Art Venture, opera programs offered through the public schools, etc. 6. Showcase groups and artists living in this community. 7.Partner with non-traditional groups to cross-promote activities and interests Timeline: 1. December 2001 2. December 2001 3. June 2002 Responsibility: Jane Kenworthy (RSO) and ED Council Education Goal 5: Explore opportunities to partner with the institutions of higher education for performing arts and cultural opportunities in the Roanoke Valley for lifelong learning. Action/Objective: 1. Identify a contact to make institutions aware of interest 2. Inventory the interests of the citizens for programming 3. Tap the expertise and resources of the universities for activities, i.e. visiting artists 4. Explore opportunities for students to participate in research and internship positions, both high school and college. 5. Partner with institutions to develop new curricula for students to be offered to students. 6. Offer arts and cultural courses at the Higher Ed Center. 7. Utilize natural settings and existing structures to offer courses that educate traditional and non-traditional students. Timeline: January 2002 Responsibility: Tom, Jane Kenworthy (RSO), Lorraine Lange (Rke. County Schools) 11 ~'~~ •suo!}ez!uefiao lenp!n!pu! woad. s}sanbaa }aafaa }y6!w ~(ay~ yfinoy}le fiu!wweafioad/s}~o~a an!}eaogelloa o~ puodsaa plnonn }ey} saaanos 6uipun~ aay}o pue suo!}epuno~ ~(~!}uapl ~Z leo~ uipun~ l!auno~ a~ '9 l!auno~ a~ 'S i!auno~ a~ ~o ~oddns y}lnn i!auno~ s}~y •~ (~dl) s6u!uua~ uesnS pue (aa}ua~)saeaS w!~ •E (diysaau}~ed }uawdolanaa a!wouoa3)s~aedS I!yd y~!M ~aonn - a}eu!wassip pue ~aea} II[M (aa~ua~) llaH ~(aueN 'Z suoi}ez!ue6ao Ile ~o }~oddns y}!nn l!auno~ s}~y • ~ }Iligisuo sad ~OOZ Iles '9 }uawssasse lenuue - buio6uo uay} pue pa}aldwoa s! ~ aagwnu aa}~y - ZOOZ ~Inf 'S ZOOZ aunt ~(q yaaeasaa pue ~(anans a~aldwo~ •~ ~OOZ '}ap ~(q ~oddns aaoldx~ •E X0/6 ~q pa}eu!wass!p }~odaa aney `~la}e!paww! ssaaoad }~e}S 'Z EOOZ 'ue~ ~(q uo!}e}uawaldw! `ZOOZ aunt ~(q Ueld ' ~ :auilauail •ailgnd ay} „a}eanpa/}a~aew„ o~ (uaapl!ya looyas) sao}!s!n y}!nn puas o~ 6u!y}awos/aanyaoaq leuo!}ewao~u! ue a}eaaa :suazl}la paa!~aa pue `uaapl!ya afie looyos ~o s}uaaed `saayaea} `saaunno ssaulsnq unno}unnop se vans sdnoafi ai~!aads }afiael 'g •6uipun~ ao~. suo!}epuno~ leuo!}eu o} ~(Idde pue }aedw! ~(}lunwwoa }uea!~!ufi!s aney fey} sa!}!n!~ae au!waa}aa _g (•~(anans uoi}eanpa y}!nn u! all) •sdnoa6 snao~ y6noay} suo!}ez!uefiao lean}Ina ao~ suo!}e}aadxa auiwaa}ap o} s}saga}u!/spaau a!Ignd az~(leuy •~ •saouop a}eaodaoa/uo!}epuno,~ lei}ua}od ~o yaaeas }auaa}u! an!suayaadwoa a aney o} sa!}!un}~oddo aaoldx~ •E •spun~. a!ay} ssaaae o} anu!}uoa uea ann }ey} os }dal aney }ey} sa!uedwoa y}!nn }ae}uoa u!e}u!eW '('a}a `suo!}epuno~) sassauisnq/suo!}eaodaoa ybnoay} saan!6 }o }a~laew nnau a ~(~!}uapl 'Z •}uauodwoa 6uiya}ew a apnlau! o} weaboad fiu!nlfi „aaeld ~aonn„ a dolanaa • ~ :anl~oa.g0/uol~od •suo!~ezlue6ao lean}Ina ao~ aseq aapeoaq e ule}u!ew pue a~eaaa ~(gaaay} pue suo!}ezluefiao lean}Ina ~o sasuadxa leuo!}eaado }~oddns o} fiu!pun~ ~o saaanos nnau ~!~uapl : ~ leo~ ulpun~ ~,~ ~ S~b~OJ JNIaNfI~ ZI 13 ~~,~ Action/Objectives: 1. After the Education/Programming Committee identifies the theme and/or program research and apply for a grant to support it. Timeline: 1. Dependent on work of Education committee Responsibility: 1. Funding Committee Funding Goal 3: Create awareness among companies and firms of the impact of corporate underwriting on the region's cultural organizations. Demonstrate the economic impact in terms that are readily understood by potential donors and sponsors. Promote arts and culture as an industry. Action/Objective: 1. Develop a consistent plan to articulate the "economic impact" of cultural organizations -identify and record anecdotal information to share along with data -share and partner with Marketing Committee. 2. Make a concerted effort to be involved in economic development organizations and initiatives -survey ED to determine relationships with such organizations. Timeline: 1. January 2002 2. Ongoing Responsibility: Coordinate with the Marketing Committee 1. Arts Council & Economic Development Partnership 2. Arts Council & All Cultural Organizations LEGISLATIVE GOALS 14 Legislative Goal 1: Consolidate (coordinate) lobbying effort for greater effectiveness. Action/Objectives: 1. Create and implement a plan for a statewide lobbying effort. a. Identify and secure an organization/individual to coordinate a unified lobbying effort with a single message. b. Demonstrate a unified and supported message to legislators. c. Determine funding disbursements for comparison. d. Determine the appropriate message for the target audience. e. Lobby/visit/educate ALL year. f. Determine how we can coordinate with colleagues for visitation with legislators state-wide. g. Consider legal restrictions for coordinated lobbying effort. 2. Study foundation/authority, etc, that can receive and disburse funding from state. 3. Identify and involve, on a broader scale, groups such as education, chambers, and economic development groups for lobbying efforts. 4. Create and implement a plan for a local lobbying effort to include an advocacy workshop and a mentoring program. Timeline: 1. October 2001 2. October 2001 3. Identify: September 2001; Involve: on-going 4. Ongoing Responsibility: 1. Executive Director's Council, Legislative Subcommittee, Arts Council 2. Executive Director's Council, Legislative Subcommittee, Arts Council 3. Sydney Nordt(SMWV) -Board members representing ED Council 4. Arts Council with ED Council Legislative Goal 2: Establish methods of demonstrating to state legislators cooperative efforts among cultural attractions that increase their appreciation for what these groups do for the entire region. Action/Objectives: 1. Package information more effectively a. Hold ahalf-day workshop on "packaging." b. Promote to legislators the current cooperative products - group tickets, advertising, programming 15 ~`~ c. Demonstrate uniqueness and supply through public-private partnerships, without direct state funded agencies. 2. Coordinate and cooperate with other organizations, visits from state legislators to Roanoke Valley cultural organizations. Timeline: 1. October 2001 2. Fall 2002 Responsibility: 1. Chamber, ED Council, Legislative staff & VT Public Service Programs 2. Sydney Nordt (President - SMWV) & Board group Legislative Goal 3: Develop methods of showing the economic impact of cultural groups in terms that are easily understood by legislators, state executive branch, business leaders and the general public. Action/Objective: Identify consistent method to demonstrate economic and educational impact of cultural organizations a. Make numbers "harder." b. Develop consistent message c. Include economic impact numbers in brochures, newsletters, etc of all cultural organizations Timpline~ October 2001 and ongoing Responsibility: Arts Council to work with CVB and legislative staffs Legislative Goal 4: Discuss alternative funding mechanisms (to include an assets district) whereby the Commonwealth of Virginia can support the region's cultural organizations with area legislators. Action/Objectives: 1. Conduct research into alternative and state and Ical government funding 2. Re-evaluate coalition to determine gaps and/or continued support. 3. Have boards form a business support group to push any new initiatives. 4. Gain buy-in from local government by demonstrating local support . Connect with legislative committee to achieve. Ask local governments to formally record support. 5. Explore opportunities for funding to hire professionals to develop a plan and implement process. 16 a. Demonstrate support from "public" for asset district ~,'~ b. Get letters and support from national and local libraries and parks association Timeline: September 2001 to hold additional discussions Responsibility: Chairs of Funding and Legislative committees to set up meeting with ED Council 1 / ~ w~ MARKETING GOALS Marketing Goal 1: Coordinate our marketing efforts to bring economies of scale. Action/Objectives: 1. Inventory what marketing activities are currently under way, both jointly and individually a. Review master calendars being done and how they might fit into this effort. b. Determine calendar for media events and advertising 2. Develop a joint marketing plan a. Determine who our market is and who we are marketing to - external and internal. b. Determine how we can benefit from already successful events and complement existing events. c. Identify cooperative advertising opportunities that could benefit all organizations such as seeking non-profit rates from publications and research pooling buys when purchasing advertising. d. Explore joint ticketing and joint box office opportunities e. Identify sources of funding to support plan. Timeline: 1. October 2001 2. Fall Plan & Spring Plan annually, externally aimed. Internal: Feb- March 2002 Responsibility: 1. Arts Council 2. Roanoke Valley Convention & Visitors Bureau & Attractions Committee, Packett Group Marketing Goal 2: Devise methods to "put ourselves in each other's homes" and publications Action/Objectives: 1. Identify a "marketing specialist" from each organization to participate in planning. 2. Marketers of each organization should meet regularly to discuss opportunities for joint programs. a. Hold quarterly meetings to discuss cross promoting and showcasing programs and activities. 18 C _~ b. Reduced ad rates in our own publications and playbills for other arts and culture organizations. c. All websites hyperlinked to each other and should identify national Internet magazines (E-zines) to promote programs. Timeline: 1. Immediately 2. Meetings Underway Responsibility: 1. ED Council 2. Kay Strickland(VMT) and Fran Ferguson(CITS) Marketinq Goal 3: Develop a media campaign to more effectively promote events and programs. Action/Objective: 1. Develop packages with hotels, restaurants and other attractions. a. Identify non-traditional entities for partnering, i.e. retail, educational newsletters, civic centers, realtors, etc. b. Sampler ticket for arts organizations with a reduced price 2. Create suggested itineraries and promotional materials. 3. Explore funding to hire a marketing professional/firm to implement programs. Timeline: 1. Based on niche markets & when broker is located. Progress report January 2002 2. September 2001 3. Fall 2001 Responsibility: 1. Roanoke Valley CVB 2. Attractions Committee 3. Linda Cooper(Jefferson Center) and The Arts Council Marketinq GOAL 4: Raise public awareness of the diverse cultural organizations in the region as well as inform citizens and businesses of the realities behind funding needs. (Example: admission and related fees account for a small percentage of the costs and services) Action/Objectives: 1. Forma "media committee" to develop and promote a local awareness program for all arts and cultural organizations. 2. Analyze "Art, History, Science, Zoo" program to determine how to build on its success. 19 3. Work with Education Committee to develop an awareness campaign targeting schools and educational groups -For example, "Discover Your Own Town" which might include a treasure hunt with maps -get your ticket stamped at each location and get a prize at the end. Timeline: 1. September 2001 2. September,2001 3. Kick off -Spring 2002 Responsibility: 1. Kay Strickland will coordinate and invite marketing staff to participate 2. Media Committee 3. Media Committee 20 ~- TRANSPORTATION GOALS Transportation Goal 1: Establish a comprehensive signage system for the Valley's arts programs with signage off major transportation arteries to Cultural Arts sites in the valley. Action/Objective: 1. Conduct assets inventory of signage and identify weaknesses; include consideration of signage for non-venue organizations and then work with VDOT and local governments to ameliorate void. 2. Explore existing signage plans in other communities. a. Evaluate internal and external plans b. Check with DOT & National Park Service regarding standards c. Explore options with sign companies. 3. Develop and implement aflag/banner system that leads to each cultural site. a. Explore legalities of flags/banners in each jurisdiction b. Consider using the Roanoke CVB logo to develop consistency for cultural organizations c. Identify and/or develop consistent plans for flags/banners d. Tie identity and look to a marketing plan -coordinate with the Marketing committee. 4. Develop a series of uniform kiosks throughout the cultural institutions' areas to encourage visitation at all sites with uniform maps (wayfinding) so visitors see where they are now in relationship to where they want to go (could also be marketing) a. Work with marketing committee to make that happen b. Explore other communities' plans 5. Expand historical markers to make the cultural experience more inclusive and accurate. a. Define historic/significant sites and their importance to the region b. Identify and acknowledge more of the historic sites c. Put historic sites in context with the development of a system to identify and explain the historic sites. Timeline: 1. Study completed Dec. 2001, Initiate by Dec. 2002 2. Dec. 2001 3. Depends on development of marketing plan 4. Depends on the marketing plan 5. On-going process 21 C_ Responsibility: 1. Transportation Committee, elected and appointed local government officials 2. Carolyn Payne (VMT), chair a committee of interested parties. 3. Kay Strickland (VMT) & Kent Chrisman (WVHS) to coordinate with marketing committee 4. Committee chairs will work with the Marketing Committee 5. Liaison Committee to work with communities and historical societies Transportation Goal 2: Implement a comprehensive transportation system from central points for the arts and cultural community in the valley (people movers) Action/Objectives: 1. Develop connective, cheap (or free) transportation (reliable and comfortable). a. A rubber tired trolley (trackless trains) and/or antique bus that runs during tourism season as well as bicycle ramps and asphalt/concrete walkways b. Develop a plan to sell tickets at hotels and/or attractions which may include discounts to attractions c. Explore supportive organizations and/or foundations d. Buses with bike racks e. Add more bike stands f. Use Valley Metro as a resource and supplement. 2. Long term due to expense: Train transportation from downtown to Explore and Cable Car or incline up Mill Mt. Explore options for developing a tourist train such as a steam excursion. Timeline: 1. Plan by Jan. 2002 to implement by Dec. 2002 2. On-going Responsibility: 1. Committee chair and executive directors' council, Gary 2. Kay Strickland(VMT), Roger Ellmore (Explore) and NRHS Transportation Goal 3: Advocate for improved physical infrastructure to enhance the quality of the cultural visitor's experience. Action/Objectives: 1. Secure cultural representation of public committees covering transportation and infrastructure items. 2. 3. 4. 5. 6. 22 ~.~~ Add more street furniture and benches, designed with arm rests to encourage appropriate usage. a. Explore options for benches such as works of art, backless benches and recruit architectural expertise to propose options, such as round benches with center floral options b. Explore appropriate locations which would meet the needs of tourists and visitors Tie in with marketing plan and include Downtown Roanoke, Inc. Develop a plan for placement of benches, seating, etc. Redesign areas for outdoor dining/sitting, i.e. First Union Plaza, Century Plaza, Market Square, Higher Ed Center, Grandin Village, Salem, Henry Street area a. Explore ordinances and zoning regarding legalities b. Tie into the marketing plan c. Tie into the neighborhood plans and park system d. Explore locations which tie into the cultural attractions - concerts in the park. Enhance pedestrian traffic flow by increasing safety and aesthetics. a. Support DRI's new sidewalk cleaning equipment b. Develop a plan for adding plants/flowers and decorative brick work to beautify sidewalks c. Make sure all sidewalks are contiguous with fewer curb cuts d. Incorporate alternative paving materials to designate crosswalks and sidewalks, Slow light cycles at crosswalks to increase pedestrian safety. e. Consider needs of handicapped and senior citizens. Timeline: 1. Ongoing 2. Complete plan by January 2001 and implement by January 2002 3. Plan developed by December 2001 4. Ongoing Responsibility: 1, ED Council 2. Matt Kennell and Downtown Roanoke, Inc. 3. DRI will convene a Committee of County and City representatives. 4. City and County Public Works & Executive Directors' Council Transportation Goal 4: Develop and recommend the implementation of a comprehensive plan for structural development that enhances the cultural experience. 23 ..1~ Action/Objectives: Encourage contiguous pedestrian-scaled commercial structures in the Central Business Districts, avoiding vacant lots/parking lots and parking garages without first floor retail/office space 1. Determine current actions and support the establishment of a zoning regulation to eliminate "by-right" demolition, subject to review 2. Support architectural and site design standards, urban design, and historic preservation issues for cultural areas to enhance cohesiveness. Determine what is currently being developed and pro- actively support standards for architectural and site design standards. 3. Create a linear railroad walk that loops in downtown Roanoke. 4. Support the integration of public art through the percent for art program. TimPline~ 1. On-going 2. On-going Responsibility: 1. Kent Chrisman(WVHS) 2. Preservation Foundation, ED Council Transportation Goal 5: Provide a proactive environment for the establishment of new cultural product. Action/Objectives: 1. Support the expansion of the downtown historic district, identify new and significant historic districts and support the pursuit of historic designations 2. Encourage the development of a visual performing arts/crafts center in the downtown area. a. Continue to explore opportunities for development and support that development b. Identify regional crafts c. Cultural community bands together to "speak for" the development of a Center. Timeline: 1. Depends on the communities' decision to expand. Plan for identification by July 2002. 2. On-going Responsibility: 1.RRP0, cities and county 2. Arts Council & Regional Commission ~ + + ,. ~ ~ 24 ~ • ~./ w SPECIAL THANKS TO - THE UNDERWRITERS The Fifth Planning District Regional Alliance Roanoke County Schools The Art Museum of Western Virginia The Arts Council of the Blue Ridge Center in the Square Roanoke Festival in the Park History Museum & Historical Society of Western Virginia Harrison Museum of African American Culture Jefferson Center Mill Mountain Theatre Mill Mountain Zoo Opera Roanoke Roanoke Ballet Theatre Roanoke Symphony Orchestra & Chorus Salem Museum Science Museum of Western Virginia Southwest Virginia Ballet To The Rescue Museum Virginia Museum of Transportation Virginia's Explore Park - THE FACILITATORS Dr. Doug McAlister and Charlotte Reed of the VA Tech Public Service Programs Department - SPEAKERS AT THE KICKOFF PRESS CONFERENCE: John Williamson Lorraine Lange Maryellen Goodlatte Wayne Strickland - THE HOSTS OF THE WORKSHOPS Roanoke County Administration Center Hotel Roanoke VA's Explore Park Salem Civic Center VA Museum of Transportation Roanoke Civic Center - THE BOARDS OF THE CULTURAL ORGANIZATIONS - ALL THOSE INDIVIDUALS WHO ATTENDED THE WORKSHOPS AND REPORT SESSIONS; AND SENT LETTERS AND EMAILS WITH THEIR THOUGHTS AND SUGGESTIONS. ACTION NO. A-092501-2 ITEM NUMBER ~ ' AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 25, 2001 AGENDA ITEM: Proclamation declaring the month of October 2001 as National Disability Employment Awareness Month and Request for appropriation of funds for the Annual Roanoke Valley Outstanding Employers of People with Disabilities Awards COUNTY ADMINISTRATOR'S COMMENTS: °~ a.~ ~ ~_ ~~ . ~--t~C.-~ c~L.o BACKGROUND: The Roanoke County Senior and Challenged Citizens Commission and the Roanoke Mayor's Committee for People with Disabilities are cosponsoring the Annual Roanoke Valley Outstanding Employers of People with Disabilities Awards reception to be held at the Jefferson Center's Fitzpatrick Hall on Thursday, October 25, 2:00 pm - 4:30 pm. The purpose of this event is to recognize employers who recruit, train, and hire people with disabilities. We also want to increase the business community's awareness that people with disabilities make great employees. It is being held in October because since 1945 October has been designated by the U.S. Congress as a special time to acknowledge the contributions made by employees with disabilities. The Board of Supervisors is also being requested to adopt a proclamation designating October 2001 as National Disability Employment Awareness Month in Roanoke County and on September 17, 2001 Roanoke City Council also issued the same proclamation. SUMMARY OF INFORMATION: The award nomination letters and forms have been mailed to over 400 Roanoke Valley businesses and organizations requesting nominations. Mayor Ralph Smith and Chairman H. Odell "Fuzzy" Minnix have been requested to host the reception. We hope to recognize six outstanding employers at the reception and expect 200 guests. Employer-related resources and information packets will be provided through displays from six Roanoke Valley organizations, which provide rehab services and assistance with ADA accommodations. ~,»~ FISCAL IMPACT: Total cost for the awards program is $2,000. Roanoke City Council has agreed to provide $1,000 towards the cost. STAFF RECOMMENDATION: The Senior and Challenged Citizens Commission requests that: (1) the Board of Supervisors adopt the attached proclamation, and (2) appropriate $1,000 from the Board Contingency Fund as Roanoke County's share of the cost for the program. Respectfully submitted, Deborah H. Pitts Assistant Director of Recreation Approved by, Elmer C. Hodg County Administrator ACTION VOTE No Yes Abs Approved (X) Motion by: Supervisor Church to Church _ X _ Denied () appropriate $1,000 from Board Johnson _ X _ Received () Contingency Fund McNamara- X Referred () Minnix _ X To () Nickens _ X CC: File Debbie Pitts, Assistant Director of Recreation Danial Morris, Finance Director Brent Robertson, Budget Director C_5 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 25, 2001 PROCLAMATION DECLARING THE MONTH OF OCTOBER 2001 AS NATIONAL DISABILITY EMPLOYMENT AWARENESS MONTH IN ROANOKE COUNTY WHEREAS, since 1945, October has been designated by the U.S. Congress as a special time to acknowledge the contributions made by employees with disabilities, and WHEREAS, Roanoke Valley Citizens continue to work together to break down barriers that people with disabilities face on a daily basis and to uphold our fundamental commitment to justice and equality for all people, and WHEREAS, the Mayor's Committee for People with Disabilities and the Roanoke County Senior and Challenged Citizens Commission are working together to improve the physical, psychological, social, and spiritual well-being of people with disabilities in our valley, and to educate the public about available resources to enable our citizens with disabilities to make the most of their potential, and WHEREAS, these two groups, with other Roanoke Valley organizations, are joining together to honor employers who recognize the value of employees with disabilities at a reception to be held on Thursday, October 25, 2001, at the Jefferson Center's Fitzpatrick Hall. NOW, THEREFORE, WE, the Roanoke County Board of Supervisors, in conjunction with the City of Roanoke, do hereby proclaim October 2001, as NATIONAL DISABILITY EMPLOYMENT AWARENESS MONTH throughout Roanoke County and the Roanoke Valley. C -5 ~~ ~~~~~ Q~:~s~a~~~~ p~~~~~r~ ~~ ~~~~~~ ~t ~~s~~~~~~~ ~~~~~ NOMINATION FORM The Mayor's Committee for People with Disabilities and the Roanoke County Senior and Challenged Citizen Commission are accepting nominations for outstanding employers of people with disabilities. Complete this form and return it by September 25, 2001 to Dan Semones, Dept. of Rehabilitative Services, 3433 Brambleton Av., SW Roanoke, Va. 24018, Fax: 540-776-2748, Email: semonerd@drs.state.va.us. Business Name: Contact Person: Address: City, State, Zip: Phone Number: Email: Fax: Reason for Nomination: (You may use the back of form if needed) Name: Title: of pOAN ~~ .p i` s z ~ 'o i ~ a SENIOR & CHALLENGED CITISEN COMMISSION Nominated by: Address: City, State, Zip: Phone Number: Email: HEflLTHCflRE ~~~~ VIRCIMA DEPARTMENT OF REHABILITATIVE SERVICES i ~.~~--. MAYOR'S COMMITTEE FOR PEOPLE WITR DISflBILITIES C_.~ . ~.~a ~~. August 31, 2001 Dear Ladies and Gentlemen; annual 1~~~~~~e ~a,l~e Pe~~p~~~ ~~~~i ~~~~~~~~~~ .~,~ar~~ October is "National Disability Employment Awareness Month;" employment is a key focus of the Americans with Disabilities Act of 1990. We are fortunate in the Roanoke valley to have many employers who hire individuals with disabilities. The Roanoke County Senior and Challenged Citizen's Commission and the Mayor's Committee for People with Disabilities are joining together to honor these employers. Are you, or do you know, an outstanding employer of people with disabilities who deserves recognition? Our sponsors are proud to present the "Annual Roanoke Valley Outstanding Employers of People with Disabilities Awards" to be held at the Jefferson Center's Fitzpatrick Hall on Thursday, October 25. The purpose of this event is to recognize employers who recruit, train, and hire individuals with disabilities. Also, we want to increase the business community's awareness that people with disabilities make great employees. Please take the time to nominate one or more employers. A nomination form, which may be photocopied, is included for your convenience. Deadline for submitting nominations is September 25, 2001. All nominees and nominators will be recognized at the awards reception. Mark your calendar now to attend this event on October 25 and look for your invitation in the mail. Sincerely, Deborah H. Pitts, Facilitator Roanoke County Senior and Challenged Citizens Commission Christene A. Montgomery, Chairperson Mayor's Committee for People with Disabilities of P nNpr~ r n ~ ~ ~ a X83 SENIOR & CHAL1ENGED CITIZEN COMMISSION .~ s H ~R ~. ~, F ~~~ ;~~ : f _;.::~ HEALTHCARE ~U t VIRGINIA DEPARTMENT OF REHABILITATIVE SERVICES MAYOR'S COMMITTE FOR PEOPLE WITH DISABILITIES Action No. Item No. ~ .. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 25, 2001 AGENDA ITEM: Briefing on Fee for Ambulance Transport program to include public relations, billing procedure, and overall status of the program. COUNTY ADMINISTRATOR'S COMMENTS I am bringing this briefing to update the Board on our informational program on the need for an EMS transport fee. We have worked very hard to achieve the objectives set by the Board to provided a dedicated stream of funds necessary to hire additional staff for emergencies. The terrorist attack of September 11 has made it even clearer that our emergency services program must be strong. The Town of Vinton has already adopted an ordinance to adopt a fee for service. The City of Roanoke has been doing this for several years and the Board has unanimously voted in favor of charging a fee. You have also insisted that we make this as easy as possible for our citizens, especially those who are unable to pay and I believe we have done that. BACKGROUND: In June, the Board of Supervisors approved an ordinance to establish a Fee for Ambulance Transport program to generate funds that will be used to hire 15 additional personnel to the Fire and Rescue department. In August, the Board passed the resolution to establish the fee structure for this program. Plans for the design, implementation, and management of the program have proceeded since that time. The target date for implementing the charges is November 1, 2001. The fee for transport is expected to net $337,500 in the period between November 1, 2001 and June 30, 2002. The projection for a full fiscal year is $835,259. The funds will be used to pay for salaries for 15 additional Fire and Rescue Personnel to accomplish the goals established by the Board of Supervisors of saving "Life before Property" and assuring that 80 percent of the population of the County receive Advanced Life Support services within six minutes of calling 911. The fee for transport will bring resources to: Provide 24/7 paid Advanced Life Support (ALS) coverage at Clearbrook in addition to the current 24/7 coverage at Hollins, Ft. Lewis and Vinton. Provide Monday through Friday 12 hour paid ALS coverage at Mt. Pleasant and Bent Mountain. • Provide one daytime ALS provider at Catawba to supplement the volunteers. . SUMMARY OF INFORMATION: ~' Fire and Rescue Chief Richard Burch will present a briefing to the Board on the Fee for Ambulance Transport program. The purpose is to provide an update on the public relations campaign, billing procedures, and overall status of the program. Attached are examples of the billing form and the information brochure. Submitted by, .~~.~. Richard E. Burch, Jr. Chief, Fire and Rescue Approved by, Elmer C. Hodge County Administrator ACTION VOTE No Yes Abs Approved () Motion by: Church _ ___ Denied () Johnson Received () McNamara- _ Referred () Minnix To () Nickens cc: File Richard E. Burch, Jr., Chief, Fire and Rescue Danial Morris, Director of Finance IF PAYING BY CREDIT CARD, PLEASE CHECK BOX AND FILL OUT BELOW. ~ _y~i ^ ^ ~ VIRA MA.STFRCA RII Roanoke County Fire and Rescue PO Box 20862 Roanoke, VA 24018 . .: ~. Alfred C. Anderson, Treasurer County of Roanoke PO Box 20862 Roanoke, VA 24018 CARD NUMBER ** T ** AMOUNT SIGNATURE EXP DATE ACCOUNT # STATEMENT DATE DUE DATE ~~ 111600 9/18/01 17.00 John T. Smith 123 Any Street Roanoke, VA 24018 ~- 'LEASE DETACH TOP PORTION AND RETURN WITH YOUR REMITTANCE TO INSURE PROPER CREDIT TO YOUR ACCOUNT. AMOUNT REMITTED $ **If you are unable to pay the balance of your bill, please contact our office at 767-2706.** j 8/15/01 ! i A0429 Basic Ambulance Transport 145.00 , 145.00 8/15/01 'I A0380~, Basic Life Support Mileage 15.00 1 160.00 ', 9/5/01 ! '~ 126 Payment-Trigon Blue Cross 116.00 44.00 9/5/01 !~ !, 126 ~ Payment-Trigon Blue Cross 12.00 32.00 ', 9/5/01 ', ', 226 'i, ~~ ~ '~ Credit Adjustment-Trigon 15.00 17.00 Thi b',ill is IF d or embersrency ambulance transport . Your i surance ', car er has m ~ de payment on these charges. The remainin balance '~, is ~oux respo i sbility. Please remit:_:payment o contact our offi e at 167;-2706 ilE you are unable to do so. Tha#~k lyou , 17.00 Smith, John T. 111600 KEEP THIS PORTION FOR INCOME TAX PURPOSES ACTION NO. ITEM NUMBER AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 25, 2001 AGENDA ITEM: Request to appropriate up to $40,000 for Catawba Community Center Lead-Based Paint Abatement COUNTY ADMINISTRATOR'S COMMENTS: Recommend approval BACKGROUND: In January 1986 the Catawba Valley Ruritan Club requested that Roanoke County allow the community to restore the former Catawba School to serve as a community center. In return the Ruritan Club agreed to be the sponsoring organization to manage the facility with Roanoke County retaining ownership of the property. The Club maintains basic janitorial services and supervises the scheduled use of the facility for community organizations. The County is responsible for utility costs and any maintenance and repairs of the building. The community was successful in restoring the facility and it has since become the central meeting place for all Catawba community organizations, scouts, churches, and family gatherings. It has truly become the "hub of the community" and is heavily used. The County has honored the original agreement with no major changes until this year. In Apri12000 we began meeting with the Ruritan Club to review the agreement, discuss recreation interests, evaluate the facility, and review standard operating procedures. Increasing facility use and concerns about liability and security were making the scheduling more difficult for the Ruritans to handle. In Apri12001 the Ruritan Club asked the County Parks, Recreation, and Tourism Department to take a more active role in the management of groups using the center. The department has now assumed the scheduling of the facility, established and implemented fees for the use of the building and picnic shelter, and has an individual in the community who opens, closes, and supervises the use of the building. The fees charged are used to cover supervision and maintenance of the center. Community organizations involved in the restoration are not charged a fee for regular meetings. G '"" This new arrangement has worked very well for the Parks, Recreation, and Tourism Department, the Ruritan Club, and the community. We have not received any complaints and citizens have accepted the fees willingly when they are informed that the money generated is used to maintain and operate the facility. SUMMARY OF INFORMATION: During a recent routine maintenance and fire safety inspection of the Catawba Center staff found large pieces of paint flaking from the ceiling onto the floor. We had the paint tested. The results showed high levels of lead. Federal law considers any lead content, which is friable and airborne, to be unacceptable. After conferring with the consultant and the County attorney, staff officially closed the building to the public on September 18, 2001 pending abatement of the lead-based paint. The Parks, Recreation and Tourism Department staff is currently contacting everyone who has the facility booked through Novermber 2001 and assisting them in locating another site for their meeting or event. The treatment for lead is similar to treating for asbestos. The building needs to be made airtight, the loose paint removed, and then encapsulating paint applied on the remaining areas to prevent the flaking of paint. Once this is done, testing occurs to make sure that no lead remains in the building. FISCAL IMPACT: Preliminary estimates indicate that abatement will cost between $30,000 and $40,000. ALTERNATIVES:_ 1. Proceed with the lead-based paint abatement to reopen the Catawba Community Center as quickly as possible. 2. Do not proceed with the abatement, which will require the center to remain closed to the public. STAFF RECOMMENDATION: Staff recommends alternative #1 and requests that the Board of Supervisors appropriate up to $40,000 from the Board Contingency Fund for the lead-based paint abatement. The Parks, Recreation, & Tourism Department will cover any costs over this appropriation from current year funds. Respectfully submitted, Deborah H. Pitts Assistant Director of Recreation Approved by, Elmer C. Hodge County Administrator ~-i Approved ( ) Denied ( ) Received ( ) Referred ( ) To ( ) ACTION Motion by: Church Johnson McNamara Minnix Nickens VOTE No Yes Abs r ` ' ' ~ ~ Catawba Community Center ~ I Facility Use April 1, 2001 through December 30, 2001 (Not currently accepting future reservations) The Parks, Recreation, and Tourism Department took over the scheduling of the center on April 1, 2001. At that time the Ruritans provided a calendar, which included all reservations scheduled by the Ruritans. These groups are allowed to have their function at no cost based on the agreement with the Ruritans. All new reservations, placed through the Parks, Recreation, and Tourism Department are charged the following fee (except the Ruritan and Community Partner organizations which will not be charged): • Picnic Shelter and kitchen...... $25 1St hour/$10 each additional hour Second Floor Classrooms.......$25 1St hour/$10 each additional hour Picnic Shelter Only.....$25 for half day either loam-3pm or 4pm-9pm $50 for a full day, which is loam-9pm • 88 reservations booking 224 dates • 12 rentals were charged fees resulting in revenue of $555 • Over 1000 people in attendance • Catawba organizations using the center are the: o Catawba Community Club o Church of God o First Baptist Church o Girl Scouts o Catawba Ruritan Club • Private groups reserved the center for: o Appalachian Bike Club Race o Penn State SWVA o Family Reunions o Apple Butter Boiling o Wedding Anniversary, Rehearsals, and Ceremonies o Baby Showers o Birthday Parties o Mother's Day Dinner o Class Reunion o Christmas Gathering o Easter Sun Rise Service • Roanoke County Parks, Recreation, and Tourism Department have scheduled seven community and youth programs at the center. • Virginia Tech Extension Service has scheduled one agricultural program at the center. • The center houses an under-utilized community "honor-based" library, which is currently being removed. , ~ ACTION NO. A-092501-3 ITEM NUMBER ~' ~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 25, 2001 AGENDA ITEM: Request for approval of the 2002 Holiday Schedule COUNTY ADMINISTRATOR'S COMMENTS: Recommend leaving the schedule as it is in 2001 with two floating holidays. BACKGROUND: In January 2001, the Board changed the holiday schedule in order to improve citizen access for conducting county business during minor holidays. The Board designated two minor holidays as floating holidays. This also provided employees with more flexibility and choice to schedule time off. Employees earn eight holiday hours for each of these two floating holidays when they occur. For the 2001 year, the County will be closed on the following holidays: New Year's Day Martin Luther King Day Memorial Day Independence Day Labor Day Thanksgiving Day Day after Thanksgiving Christmas Day Monday, January 1 Monday, January 15 Monday, May 28 Wednesday, July 4 Monday, September 3 Thursday, November 22 Friday, November 23 Tuesday, December 25 For the year 2001, Roanoke County will be closed on Christmas Eve rather than on the minor holiday of Columbus Day. The two remaining minor holidays are floating holidays which included President's Day, Monday, February 19, and Veteran's Day, Monday, November 12 (to be observed). On these minor holidays, the County offices will remain open. . • C +~ SUMMARY OF INFORMATION For 2002, here is a calendar for review: New Year's Day Martin Luther King Day President's Day Memorial Day Independence Day Labor Day Columbus Day Veteran's Day Thanksgiving Day Day after Thanksgiving Christmas Day Tuesday, January 1 Monday, January 21 Monday, February 18 Monday, May 27 Thursday, July 4 Monday, September 2 Monday, October 14 Monday, November 11 Thursday, November 28 Friday, November 29 Wednesday, December 25 SUN MON TUE WED THU FRI SAT Dec 22 Dec 23 Dec 24 Dec 25 Dec 26 Dec 27 Dec 28 Christmas Christmas Eve ALTERNATIVES: The Staff has discussed the following alternatives: Option 1: Instead of 2 floating holidays (Presidents' Day and Veterans' Day) like this year, designate 3 floating holidays to include Presidents' Day, Veterans' Day and Columbus Day. Option 2: Continue with Presidents' Day and Veterans' Day as the 2 floating holidays and again like this year, designate Christmas Eve Tuesday, December 24, 2002 as a holiday rather than Columbus Day in October 2002. STAFF RECOMMENDATION: Either alternative is viable and staff will implement the Board's preference. 2 E- ~. Respectfully submitted, Joe Sgroi, Director Human Resources Approved by, ~~ Elmer C. Ho ge County Administrator ------------------------------------------------------------------------------------------------------ ACTION VOTE No Yes Abs Approved (X) Motion by: Supervisor Minnix to Church _ X _ Denied () approve Option #2 Johnson _ X _ Received () McNamara_ X _ Referred () Minnix _ X _ To () Nickens X CC: File Joseph Sgroi, Human Resources Director John Chambliss, Assistant County Administrator Dan O'Donnell, Assistant County Administrator 3 ACTION NO. A-092501-4 ITEM NUMBER ~ " 3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 25, 2001 SUBJECT: Request to transfer and appropriate funds for Cresthill Phase II Water Line Replacement Project. COUNTY ADMINISTRATOR'S COMMENTS: Recommend approval BACKGROUND: The Roanoke County Utility Department's Capital Improvement Program provides annual funding for the repair and replacement of existing water lines throughout Roanoke County. Funding is used for the replacement of water lines that are past their useful life and or inadequate to meet usage demands. Cresthill Phase I is funded in the present year (2001-02) budget and Cresthill Phase II will be funded in next year's (2002-03) budget. SUMMARY OF INFORMATION: Plans have been prepared and competitive bids received for Cresthill Phase I. In order to tie Cresthill Phase I into the existing water system, three temporary connections must be made. These temporary connections shall be abandoned with the existing water system upon completion of Cresthill II. The cost to make these temporary connections is approximately $10,000. Construction of the entire system at once would eliminate this cost as well as minimizing the disruption to county water customers. Projects of this scope, in an established subdivision, are by nature a significant disruption to the residents. It has been our experience that keeping this disruption to a minimum is of considerable value to the residents in particular and the County as a whole. Cresthill Phase I is currently scheduled to begin construction in mid-October 2001 and expected to complete in mid-Apri12002. The funds for Cresthill Phase I ($250,000) were included in the 2001-2002 original budget appropriation. If approved, Cresthill Phase II is expected to begin construction in early February 2002 and to complete in early November 2002. Attached is a sketch showing the scope of work for Cresthill Phase I and Cresthill Phase II. )' ~=3 FISCAL IMPACT: Funds are available in the Water Revenue Surplus Fund. RECOMMENDATION: Staff recommends that $525,000 be transferred from the Water Revenue Surplus Fund to the Water Repair and Replacement Fund in an account entitled Cresthill Phase II project. This will allow completion of work in the Cresthill neighborhood, minimize disturbance to residents and eliminate unnecessary temporary connections. S Gary Rob Utility Di BY: APPROVED: ~~. ~~ G ~a-~c ~- P.E. Elmer C. Hodge County Administrator ACTION No Approved (X) Motion by: Supervisor Minnix to Church Denied () approve transfer and appropriation Johnson Received () of funds. McNamara- Referred () Minnix To () Nickens CC: File Gary Robertson, Utility Director Danial Morris, Finance Director Brent Robertson, Budget Director Diane Hyatt, Chief Financial Officer VOTE Yes Abs X _ X X X _ X i~ a-~.._~ L J ~ ~ __~ M L J `~ ~-~ ' ~..~ ~ _i F--1 m ~~-+ r, ° .. a ~--~ ~ ~ m ~ m ~~ ~~ O ~ ~~ y ~ ~ Q~ ~o ~~ ~ N o O ~r c~ ~ --~ y ~ G~ ~ ~ ~ O,~ ~ii ~~ ~, ~ O I~~ ~o D `'' Z ~ O ~~ I ~d n a a \ I ACTION NO. ITEM NUMBER ~--e AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 25, 2001 AGENDA ITEM: Amendments to the Intergovernmental Agreement for the Establishment of a Joint Public Safety Radio System. COUNTY ADMINISTRATOR'S COMMENTS: Recommend approval BACKGROUND: The City of Roanoke and the County of Roanoke entered into an agreement on the 17t'' day of December, 1997 concerning the establishment of a joint Public Safety Radio System. Since that time, the City of Roanoke has purchased and installed their share of the 800 Mhz. radio system and the County has installed the additional radio equipment at the various antenna sites to make this a truly regional radio communications system. The radio equipment of the Town of Vinton, the Roanoke Regional Airport, the Roanoke Valley Resource Authority, and the 800 Mhz. equipment on the Salem Fire apparatus allow us to enjoy the benefit of the technology and service. The changes requested to the contract add the following items - Inclusion of the MOSCAD fire alerting equipment used by the City of Roanoke; - Expansion of the mobile data equipment for use by both localities; - Designation of the County as the contracting agent for maintenance agreements for the equipment and as insurer of the equipment (reimbursed by the City); - Change in the designation of the named system manager by the City and the County. A copy of the red-line version of the contract is attached. These changes to the contract continue our regional approach to radio communications systems and upgrades our capability to enter the realm of mobile data communications. Recently, the County has used four mobile data terminals operated by the City, and now plans to install the hardware necessary for the expanded use of this technology. Initially, these new terminals will be in Police vehicles, but we could expand the coverage to Fire and Ey Rescue, inspections, assessments, etc. as funds or grants become available. This technology reduces the errors of voice communications and offers a more secure dissemination of information to field personnel. FISCAL IMPACT: Funds for equipment, maintenance contracts, etc. are already included in the operating budgets of the using departments and no appropriation of new monies is required. RECOMMENDATIONS: Staff recommends approval of the attached draft contract, authorizing signature of the County Administrator on forms approved by the County Attorney. A similar request is being made by the staff of the City of Roanoke. Respectfully submitted, Approved by, Jo n M. Chambliss, Jr. Elmer C. Hodge Assistant Administrator County Administrator ----------------------------------------------------------------- ACTION VOTE Approved ( ) Motion by: No Yes Abs Denied ( ) Received ( ) Referred ( ). To ( ) Church Johnson McNamara Minnix Nickens Attachment DRAFT -y THIS INTERGOVERNMENTAL AGREEMENT for the establishment of a joint Public Safety Radio System is entered into as of the 17`k' day of December, 1997, amended on 1 October 2001, by and between the CITY OF ROANOKE (the "City") a municipal corporation of the Commonwealth of Virginia, and the COUNTY OF ROANOKE (the "County"), a political subdivision of the Commonwealth of Virginia; RECITALS WHEREAS, the City and County have the power to establish a system to serve their fire, police, emergency and other radio communications; and WHEREAS, the City and County have determined that it is in their mutual best interest to jointly cause the existing County 800 MHZ franked radio communications system to be expanded and equipped to serve the fire, police, emergency and other radio communication needs of both the City and County; and WHEREAS, pursuant to Section 15.2-1300 of the Code of Virginia, 1950, as amended, the City and County have determined to exercise jointly their powers with respect to the System, as provided for in this Agreement; and WHEREAS, the City and County desire to enter into this Agreement for the purpose of providing the details relating to the operation of the System and the relationship among the City and County; WITNESSETH THAT FOR AND IN CONSIDERATION of the mutual covenants and agreements contained herein, the parties hereto, pursuant to the provisions of Section 15.2-1300 of the Code of Virginia (1950), as amended, do covenant and agree to the following: I. DEFINITIONS AND WARRANTIES A. DEFINITIONS 1. "Agreement" shall mean this Intergovernmental Agreement, and any and all amendments hereto. 2. "Associated System Assets" shall mean System assets and equipment not designated as Fixed Network Equipment that are required for operation of the System, and shall include buildings, dispatch center ~i~ctrani~ furniture, fences, generators, grounding systems, HVAC systems, rights of way, roadways, site leases, towers, uninterruptible power supplies (UPS) and the fire alerting MOSCAD equipment. nxaFT ~- Y 3. "City" shall mean the City of Roanoke, Virginia, its successors and assigns. 4. "Contract" shall mean the Communication Systems Agreement dated December 17, 1997, negotiated by the City, County, and Motorola, Inc., for the construction of the System, including all attachments thereto. 5. "County" shall mean the County of Roanoke, Virginia, its successors and assigns. 6. "Fixed Network Equipment" shall mean the System equipment currently owned and to be purchased by the City and County and located at System sites. This equipment is the infrastructure necessary to facilitate the use of subscriber units on the 800 MHZ trunked radio System, the Mobile Data Radio System and other Radio Communications systems and shall include all equipment that is common to both City and County such as antenna network equipment, base stations, controllers, fault management network equipment, radio console equipment at all dispatch centers, microwave network equipment, and simulcast network equipment. 7. "Subscriber Equipment: shall mean the mobile and portable radios used by the City and County on the System. 8. "System" shall mean the radio communications system to be jointly constructed by the City of Roanoke and County of Roanoke. B. REPRESENTATIONS AND WARRANTIES Each of the parties hereto makes the following representations and warranties, all of which shall continue for the duration of this Agreement: 1. It has full power and authority to enter into this Agreement and to consummate and carry out the transactions contemplated by this Agreement. It has taken or will take all action required by this Agreement and other applicable laws in connection therewith. 2. It has duly authorized the execution and delivery of this Agreement. 3. The execution and delivery of this Agreement and the performance of its obligations hereunder are within its corporate powers and will not conflict with, or constitute a breach or result in a violation of (1) any Federal or Virginia Constitutional or statutory provision, (2) in any material respect, any agreement or other instrument to which such party is a party or by which it is bound, or (3) any order, rule, regulation, decree or ordinance of 2 DRAFT E-y any court, government or government authority having jurisdiction over it or its property. 4. There is no litigation at law or in equity or any proceeding before any governmental agency pending or, to its knowledge, threatened with respect to (1) its existence, (2) its authority to execute and deliver this Agreement, (3) the validity or enforce ability of this Agreement or the transactions contemplated hereby, (4) the title of its officers who are executing this Agreement, or (5) any authority of proceedings relating to its execution and delivery of this Agreement. 5. It is a duly organized and validly existing public body politic and corporate. II. DURATION OF AGREEMENT This Agreement shall take effect upon its proper execution pursuant to and by ordinance or resolution of the governing bodies of the parties hereto. The initial term of this Agreement shall be fifteen (15) years following its date of execution, and shall continue in effect beyond the initial term until terminated by the parties as provided in Section X. III. PURPOSE The purpose of this agreement is to provide the terms and conditions of the joint undertaking of the parties hereto with respect to the System as required by Section 15.2- 1300, Code of Virginia (1950), as amended. The joint undertaking will involve shared financing of the construction cost of the System, shared operation and maintenance of the System, and all other things which are necessary or proper to carry out the foregoing purpose. IV. SYSTEM CONSTRUCTION AND FINANCING A. FIXED NETWORK EQUIPMENT: The System shall be constructed as described in the Contract, with the City and County jointly acquiring such Fixed Network Equipment as necessary to meet their individual and mutual communication goals. The System will utilize one site in the City (Mill Mountain) and three sites in the County (Crowell's Gap, Fort Lewis Mountain, and Poore Mountain) to provide seamless City and County wide coverage for its users. The City will allow placement of County Fixed Network Equipment at its Mill Mountain site, and the County will allow placement of City Fixed Network Equipment at its Crowell's Gap, Fort Lewis Mountain and Poore Mountain sites, in order to achieve the goal 3 DRAFT of seamless coverage. E-y The County's Southview location will serve as the primary equipment site for the System, and the County will enhance its dispatch operation at that location. The City will also upgrade its Emergency Communication Center (ECC), thereby allowing the ECC and Southview to serve as backup dispatch locations to each other in certain emergency situations. There shall be no charge by the City or County to the other party for access to System Fixed Network Equipment at any site for radio communications purposes. B. FINANCING OF FIXED NETWORK EQUIPMENT: The cost of Fixed Network Equipment necessary per the Contract shall be shared by the City and County as agreed to and represented in Attachment A to this Agreement, entitled "Revised System Equipment and Pricing List." The total cost Fixed Network Equipment for the System is $4,902,918, with the City share being $4,020,969 and the County share being $881,949. Necessary adjustments to the cost of Fixed Network Equipment during System construction will be handled by appropriate change orders agreed to by the City and County Project Managers, and the appropriate governmental administrators or governing bodies as necessary. Such change orders shall serve as the basis for amendments to this section of the Agreement. The City and County hereby agree to fund their respective cost shares of the total cost for Fixed Network Equipment. The City will serve as the primary contractor for procurement purposes. C. MOBILE DATA EQUIPMENT: The current system owned by the City consists of one data base station at each system site of Poore Mountain and Mill Mountain and one Radio Network Controller (RNC) at the City Municipal building. The new system will utilize the existing equipment as installed and shall have two additional base stations, to be purchased by the County, installed at two of the existing 800 MHz Radio System sites as recommended by Motorola, Inc representatives in order to achieve the goal of seamless coverage. The City's Municipal building location will serve as the primary equipment site for the Mobile Data portion of the system. The City will allow the County to connect the County's Computer Aided Dispatch equipment to the RNC through existing network equipment. The City shall be the holder of the Federal Communications Commission radio frequency license for the Mobile Data portion of the system and shall be responsible for keeping the license current. The City will allow the County to 4 DRAFT ~ ~' ~~ utilize these frequencies and shall not charge the County for such use. There shall be no charge by the City or County to the other party for access to System Fixed Network Equipment at any site for wireless data communications purposes. D. SUBSCRIBER EQUIPMENT: The City will also purchase Subscriber Equipment as described in Attachment A to this Agreement, entitled "Revised System Equipment and Pricing List", at a total cost to the City of $1,983,929. E. CLAIMS FOR COSTS OR DAMAGES: In the event that any claim for costs or damages is made against the City, the County or both, arising out of the Contract or as a consequence of the operation of the Agreement, the City and County System Managers shall jointly develop and recommend to their governing bodies a proposal for allocation of such costs or damages and for settlement of any claim. If the System Managers are unable to agree to a recommendation, the claim will then be handled in accordance with the procedure for "Resolution of Disputes" as set forth in Section VII.C. V. OWNERSHIP OF SYSTEM ASSETS A. EXISTING SITES AND EQUIPMENT: Ownership of existing sites, including all real and personal property at each site owned by the City or County at the date of this Agreement, shall not change. Each party shall retain ownership of any Associated System Assets, Fixed Network Equipment or Subscriber Equipment currently owned by that party. B. NEW SYSTEM EQUIPMENT: Ownership of any new Fixed Network Equipment acquired for use in the operation of the System shall remain with the party purchasing such equipment, if purchased solely by that party. If purchased with joint funds of both parties, ownership shall be divided among the purchasing parties in the proportion that each party contributed toward the purchase. The cost sharing percentages for the purchase of System assets are detailed in Attachment A to this Agreement. C. NEW SUBSCRIBER EQUIPMENT: Ownership of any new Subscriber Equipment acquired for use in the operation of the System shall remain with the party purchasing such equipment. VI. REPLACEMENT OF SYSTEM ASSETS A. EXISTING ASSOCIATED SYSTEMASSETS SIB AND EQUIPMENT: Each party to this Agreement shall be solely responsible for the replacement of all DRAFT equipment owned by that party at the signing of this Agreement, including Associated System Assets and Subscriber Equipment. B. NEW AND EXISTING FIXED NETWORK EQUIPMENT: The parties to this Agreement shall be jointly responsible for the replacement as necessary of Fixed Network Equipment utilized in the System for the mutual benefit of the City and County. Replacement costs shall be shared equally by both parties. Ownership of replacement equipment shall be equally divided between the City and County. ~ - ~~ C. SUBSCRIBER EQUIPMENT: Each party to this Agreement shall be solely responsible for the replacement of all Subscriber Equipment owned by that party. VII. SYSTEM MANAGEMENT AND MAINTENANCE A. CITY AND COUNTY SYSTEM MANAGERS: Theme'' Cih' Manager will appoint in writing a member of the City Staff to o€ ' serve as the City System Manager and the County Administrator will appoint in writing a member of the County Staff to E~tnrty-'-s v~i~l serve as the County System Manager. B. SYSTEM MANAGER RESPONSIBILITIES: The City and County System Managers will jointly develop and implement policies and procedures necessary for the efficient and effective operation and maintenance of the combined System. In addition, they will oversee maintenance functions of the system and be responsible for administrative functions, including City and County billing for maintenance. Finally, they will develop a record keeping system adequate to facilitate the effective administration of this Agreement, to include accurate listings of System assets owned by both parties to this Agreement. C. RESOLUTION OF DISPUTES: Any System management issues that cannot be resolved by the City and County System Managers will be referred to the City's Assistant City Manager and the County's Assistant County Administrator for review and resolution. Issues that cannot be resolved at this level will be referred to the City Manager and County Administrator. If there is no resolution at this level, the issue will be submitted to arbitration as allowed under Section 15.2-1404, Code of Virginia (1950), as amended. D. SYSTEM ASSET MAINTENANCE 1. Associated System Assets -Each party to the Agreement shall be primarily responsible for routine maintenance of its own Associated Systems Assets. Each party must maintain its own Associated Systems 6 DRAFT ~ -Y Assets in a manner that will not interfere with the operation of the combined System. Expenses for major repairs, including the overhaul or replacement of major units such as a generator, tower, or UPS, may be cost shared in a manner mutually agreeable to all parties. 2. Fixed Network Equipment -Both parties to this Agreement shall be jointly responsible for the maintenance of Fixed Network Equipment beginning when the City gains beneficial use of the System, as determined by Motorola, Inc. Thereafter maintenance expense shall be shared on a 50/50 basis. The County shall serve as the contracting agent as pertains to this agreement for the establishment of a maintenance contract with Motorola, Inc. The City System Manager shall have a right of approval before the County enters into such a contract and upon any changes to such a contract. The County shall bill the City for the City's portion of the contract, which shall be based on a 50/SO division of the costs for the Fixed Asset maintenance. Any additional costs, such as for maintenance of Associated System Assets such as a Fire Alerting MOSCAD system, shall be passed on to the appropriate agency to be paid in full by that agency. Maintenance costs not covered by such a contract will be paid by the County and then billed to the City for the City's share. All invoices from either party shall be paid in full by the other parry within 30 days of the invoice date. The County will keep detailed records of such maintenance actions for a period not less than 3 years. These records shall be available for review by the City's System Manager upon request. Maintenance expenses may include, but are not limited to, Motorola or other maintenance contracts for repair or replacement of cards, boards, units, replacement parts and preventative maintenance of the Fixed Network Equipment that is utilized in the System for the mutual benefit of the City and County. 7 DRAFT 3. Subscriber Equipment -Each party to the Agreement shall be solely responsible for maintenance of Subscriber Equipment owned by that parry. E. ADDITION OF NEW GOVERNMENTAL USERS: Both the City and County System Managers must agree to the conditions under which additional governmental users that do not have radio unit allocations may be added to the System. VIII. INSURANCE OF EQUIPMENT The County shall insure the personal property (Fixed Network Assets) that comprises the entire Joint 800 MHz Radio System located at either the County or City sites. The County shall maintain an insurance deductible of not more than $1000 per occurrence, subject to the availability on the commercial market, or otherwise will not hold the City liable for any amount over SO% of the deductible per occurrence as a result of damage or loss occurring to the equipment that is covered by insurance. The County may bill the City for the cost differential in insurance premiums resulting from adding City equipment locations to the County's current insurance policy. Associated System Assets that are eligible to be insured under the County's policy may also be insured in the same manner with the owning agency being responsible for the additional insurance premiums. IX. SYSTEM RADIO CAPACITY A. RADIO UNIT CAPACITY: Each of the four sites shall include twenty-three (23) channels, with one channel serving as the control channel for the System. At an optimum loading ratio of 100 radio units per channel, the initial radio loading for the System will be 2,300 radio units. Ey 8 DRAFT B. RADIO UNIT ALLOCATION: One radio unit allocation is considered to be either one mobile radio, one hand-held portable radio, or one control station. The initial unit allocation for the City and County shall be 1,150 units each. The actual number of radio units expected to be utilized by the City and County initially are shown below by type of Subscriber Equipment: Roanoke City 537 411 50 Mobile Radios Portable Radios Control Stations TOTAL RADIO UNITS C. 998 Roanoke County 412 572 13 997 AVAILABLE ALLOCATED UNITS: Should any party have more unit allocations than is required at that time for their use, any other party may request and receive on loan an amount of units up to the total of all available unit allocations. However, the borrowing party must make the borrowed allocation units available to the lending party upon ninety (90) days notice. -Y D. SYSTEM UPGRADE: When the capacity of the system is no longer adequate to meet the aggregate needs of the parties, or as new technologies emerge that will provide an improved radio system, the parties, shall jointly pursue the acquisition of additional frequencies or arrel-equipment necessary to utilize such technologies or frequencies. A mutually agreeable cost sharing arrangement shall be negotiated by the parties for the acquisition of necessary equipment, and incorporated as an amendment to this Agreement. X. TERMINATION OF AGREEMENT A. RIGHT TO WITHDRAW: Any party to this Agreement has the right to withdraw from this Agreement after its initial term. No such termination shall become effective until twelve (12) months after written notice thereof shall have been given to all the other parties thereto. B. DISPOSITION OF JOINT EQUIPMENT: In the event of termination, equipment purchased with joint funds of the parties shall remain on the site to which assigned, and the terminating party shall be reimbursed for its share of the equipment purchased with joint funds. The reimbursement shall be the original cost less depreciation, as determined by an auditor jointly selected by all parties to the Agreement. Reimbursement shall occur within twelve (12) months of the date of termination. C. DISPOSITION OF SEPARATE EQUIPMENT: The terminating party may 9 DRAFT Fy remove any or all of its own separate equipment, unless the removal of the equipment will render the System inoperable. In such case, the party may not remove the equipment. but shall be reimbursed pursuant to section X.B, above. XI. MISCELLANEOUS A. AMENDMENTS: This Agreement may not be amended, modified, or otherwise altered without the express written consent of all parties hereto. XII. ATTACHMENTS A. REVISED SYSTEM EQUIPMENT AND PRICING LIST WITNESS the following signatures and seals: CITY OF ROANOKE ATTEST: By: By: Title: ~ Title: Date: Date: COUNTY OF ROANOKE ATTEST: By: By: Title: Title: Date: Date: 10 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, ON TUESDAY, SEPTEMBER 25, 2001 ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH THE CITY OF ROANOKE FOR THE ESTABLISHMENT OF A JOINT PUBLIC SAFETY RADIO SYSTEM WHEREAS, § 15.2-1300, Code of Virginia, authorizes agreements for the joint exercise of powers by political subdivisions of the Commonwealth; and, WHEREAS, the City and the County have determined that it is in their mutual best interest jointly to expand and equip the existing 800 MHZ franked radio communications system to serve fire, police, emergency and other radio communication needs; and, WHEREAS, it is deemed to be mutually beneficial to the parties hereto to amend the Intergovernmental Agreement previously entered into as of the 17`" day of December, 1997; and, WHEREAS, these amendments will continue the County's regional approach to radio communications systems and upgrades capabilities for mobile data communications; and, WHEREAS, the first reading of this ordinance was held on September 25, 2001, and the second reading was held on October 9, 2001. BE IT ORDAINED, by the Board of Supervisors of Roanoke County, Virginia, as follows: That the Board hereby approves the amendments to the Intergovernmental Agreement for the Establishment of a Joint Public Safety Radio System in substantially the form as attached to this ordinance, and authorizes the County Administrator, or his designee, to execute this Agreement on behalf of Roanoke County, upon form approved by the County Attorney. 2. That the services performed and expenditures made under this Agreement shall be deemed to be for public and governmental purposes and all immunities from liability enjoyed by the County and its personnel within its boundaries shall extend to its participation in this Agreement. 3. That this Ordinance shall be effective from and after the date of its adoption. ACTION NO. ITEM NO. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 25, 2001 AGENDA ITEM: Requests for Public Hearing and First Reading for Rezoning Ordinances; Consent Agenda COUNTY ADMINISTRATOR'S COMMENTS: BACKGROUND: The first reading on this ordinance is accomplished by adoption of these ordinances in the manner of consent agenda items. The adoption of this item 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 this ordinances. The second reading and public hearing on this ordinance is scheduled for October 23, 2001 The title of this ordinance is as follows: 1) The petition of the Roanoke County Planning Commission to amend the Roanoke County zoning ordinance, Section 30-21 (B) Enforcement Procedures. MAPS ARE ATTACHED; MORE DETAILED INFORMATION IS AVAILABLE IN THE CLERK'S OFFICE. STAFF RECOMMENDATION: Staff recommends as follows: (1) That the Board approve and adopt the first reading of this rezoning ordinance for the purpose of scheduling the second reading and public hearing for October 23.2001. i 1 (2) That this section of the agenda be, and hereby is, approved and concurred in as to each item separately set forth as Item 1, 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, '11~1.~'~'~ Paul M. Mahoney County Attorney Approved ( ) Denied ( ) Received ( ) Referred to Action Motion by . Church Johnson McNamara Minnix Nickens No Yes Abs ~i County of Roanoke Community Development Planning & Zoning 5204 Bernard Drive P O Box 29800 Roanoke, VA 24018-0798 (540) 772-2068 FAX (540) 772-2108 For Staff Use Only Date received:~'~y ~ O' Received by: J 5 Application fee: e o 90o PC/BZA date: io 2 vl Placards issued: BOS date: /o/z3/ol / Case Number 3 2- 10 ~2 0 0 1 ALL. APPLICANTS C eck type of application filed (check all that apply) Rezoning ^ Special Use ^ Variance Applicants name/address w/zip C/ 0 Don Dye Phone: 7 7 6- 9 0 5 2 Buck Mountain Land, LLC Work: 776-9052 P. 0. Box 20041 Cell#: 520-3250 Roanoke, Va. 24018 FaxNo.: 776-9054 Owner's name/address w/zip B u c k Mountain Land LLC Phone #: 7 7 6- 9 0 5 2 C/0 Don Dye P. 0. Box 20041 Fax No.#: 776-9054 Roanoke Va. 24018 Property Location Magisterial District: Cave S r i n P South of Buck Mountain Road Community Planning area: Cave Spring Tax Map No.: 98.01-2-25, 98.01-2-26 Existin Zonin g g' I- 2 Size of parcel(s): Acres: 1. 8 8 Existing Land Use: U t i l i t y Contractor / O f f i c e & Shop REZONINGAND SPECIAL USE PERMIT APPLICANTS (R/S) ProposedZoning:AR Agricultural/Residential District Proposed Land Use: Low Density Single Famil Dwellin s Does the parcel meet the minimum lot area, width, and frontage requirements of the requested district? Yes ® No ^ IF NO, A VARIANCE IS REQUIRED FIRST. Does the parcel meet the minimum criteria for the requested Use Type? Yes ~l No ^ IF NO, A VARIANCE IS REQUIRED FIRST If rezoning request, are conditions being proffered with this request? Yes ^ No ^ VARIANCE APPLICANTS (I~ Variance of Section(s) of the Roanoke County Zoning Ordinance in order to: Is the application complete? Please check if enclosed. APPLICATION WILL NOT BE ACCEPTED IF ANY OF THESE ITEMS ASE MISSING OR INCOMPLETE. S V S V R/S V v Consultation 8 1/2" x 11" concept plan Application fee Application I/ Metes and bounds description NOA1E Proffers, if applicable Justification - Water and sewer application t/ Adjoining property owners ereby certify that I am either the owner of the prope or the ow~ r=s agent or contract purchaser and am acting with the knowledge and consent of the owner. Owner's Signature ~. - ;. 3`C I ``` J ~ 1 i ~~' ~, ~ at'gJ•• _ 7M ~ O1 ~wrAYd 17YMHY~M YN ~ ~ ~ I ~ ~ `~ ~` ~" <°•° s ~L~/rI OL-Q'Y/YYYd 'd'1 !t / ' +~~ e i ~ Cs ~~ ~ ~ i~e+'i M 4NYd MYrQ/YlLN \ I ~ .- ~ ~ ~ O ~ l I g~^ I i `~ ~ cY ~ ~ . ~ o l ~ ~<G .: ~~ ~,V\ ~~ ~~*~Y~ fit, ~ iS, ..r" i ,\ .1d 40. . / ~ ~~ ~ ~~ ~A1r s ~I~I~ ~ ` 7 `\\ ...111 ~1 ~ / II ~ ~ ~4' ~ dr ~t 51-------,I-j° '~ ; `I it ^~ ~~ ; ~ L Ir 4 ~ ~~~~~. ~ c ev.>+er\ ~^ ~~ + + ~~ .~, ° 'i~ <~ `°r s ~ / ~ `+~` r. g' use ~~~ ~ ~ \,~ t~ ~ (~~' CU U Z ~' ~. U y '^ O < C. 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ROANOKE COUNTY Buck Mountain Land ,LLC DEPARTMENT OF Rezone From I-2 to AR COMMUNITY DEVELOPMENT Tas Map No. 98.01-2-25 ~ 26 ~~ County of Roanoke Department of Community Development Memorandum To: Planning Commission From: David Holladay, Planner Date: September 18, 2001 Re: Petition of the Roanoke County Planning Commission to amend Section 30-21 (B) of the Roanoke County Zoning Ordinance pertaining to enforcement procedures. On August 14, 2001, the Roanoke County Board of Supervisors held a work session to discuss enforcement procedures for nuisance code and zoning violations. Concerns had been raised about the length of time necessary to resolve cases, especially when public health and safety are concerned. The majority of current enforcement involves violations of three sections of the county code. The first two codes, Sections 12 and 13 of the County Code, address inoperative motor vehicles and unlawful accumulations of trash and weeds. The other code is the Zoning Ordinance, which is Section 30 of the County Code. Parking of recreational vehicles, boats and commercial vehicles are included in the Zoning Ordinance. Each of the three sections of the County Code/Zoning Ordinance address enforcement procedures and the time allowed for resolving violations. County Code Section 12, inoperative motor vehicles requires a notice to correct the violation within 15 days. County Code Section 13, unlawful accumulation of trash and weeds, requires a notice to correct the violation within 14 days. Zoning Ordinance Section 30 requires a first notice to correct the violation within 15 days and, if necessary, a second notice to correct within 7 days. In addition to reviewing procedures and staffing, the Board of Supervisors has requested that the County Code and Zoning Ordinance be amended to reduce the time period allowed for a property owner to resolve violations. On September 25, 2001, the Board of Supervisors will hold a second reading of an ordinance to reduce, to 10 days, the time allowed for resolving violations of County Code Sections 12 and 13. The Board of Supervisors has referred the amendment of the Zoning Ordinance, Section 30-21 (B), Enforcement Procedures to the Planning Commission for review and recommendation at the October 2, 2001 public hearing. The proposed ordinance amendment is attached for your review. !. 'f ~ _ ~.~' Section 30-21. Enforcement Procedures. (B) Property owners, permit applicants, and/or establishment owners/managers, as applicable, shall be notified in writing of violations of the provisions of this ordinance. The administrator shall, in the notice of violation, state the nature of the violation, the date that it was observed, and the remedy or remedies necessary to correct the violation. The administrator may establish a reasonable time period for the correction of the violation, however in no case shall such time period exceed fi~t~'er~-f~~ ten (10) days from the date of written notification, except that the administrator may allow a longer time period to correct the violation if the correction would require the structural alteration of a building or structure. C) If the violation is not corrected within the time period specified in the first notification, a second written notice shall be sent. The second notification shall request compliance with these provisions within a period not to exceed seven (7) days. ACTION NO. ITEM NO. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 25, 2001 AGENDA ITEM: ORDINANCE AMENDING ORDINANCE #021098-9, WHICH VACATED AND CLOSED ASPUBLICRIGHTS-OF-WAY A PORTION OF VALLEY AVENUE, ALL OF PINKARD AVENUE, MEADOW VIEW ROAD, BOOKER ROAD, AND SUMMIT AVENUE, AND ALL ALLEYS IN PINKARD COURT SUBDIVISION SHOWN IN PLAT BOOK 1, PAGE 363, AND ORDINANCE #032498-7, WHICH VACATED AND RELEASED PROPERTY INTERESTS CONVEYED TO THE BOARD OF SUPERVISORS IN CONNECTION WITH ROADS, STREETS, ALLEYS, RIGHTS-OF-WAY, AND PUBLIC ACCESS IN AND AROUND PINKARD COURT SUBDIVISION, TO DELETE THE CONDITION IN EACH ORDINANCE THAT THE SPECIFIED PROPERTIES BE ACQUIRED IN ONE COMMON OWNERSHIP (LOWE'S COMPANIES, INC.) AND COMBINED INTO ONE TRACT OR PARCEL OF LAND WITHIN FOUR MONTHS FROM THE DATE OF ADOPTION OF EACH ORDINANCE, AND TO OTHERWISE RATIFY AND APPROVE EACH OF SAID ORDINANCES. COUNTY ADMINISTRATOR'S COMMENTS: G~~4~( EXECUTIVE SUMMARY: This is the public hearing and first reading of the proposed ordinance to amend Ordinance #021098-9 and Ordinance #032498-7, which vacated certain public rights-of--way and released other public property interests in and around Pinkard Court Subdivision (Plat Book 1, page 363). The prior actions were taken in connection with the Lowe's Project in the Cave Spring Magisterial District of the County of Roanoke. ~. _ i BACKGROUND: On February 10, 1998, the Board of Supervisors adopted Ordinance #021098-9 to vacate and close the public rights-of--way and alleys in Pinkard Court Subdivision, and also adopted Resolution #021098-8 to abandon the secondary roads in the subdivision. On March 24, 1998, the Board adopted Ordinance #032498-7 to vacate and release, and re-convey where applicable, a number of real estate interests that had been conveyed to the Board by recorded instruments, separate from the subdivision plat, in and around Pinkard Court. Each Ordinance included a condition that Lowe's would acquire the identified properties and combine them into one tract of land within afour-month period from the adoption of the ordinance. The purpose of the condition at that time was to insure that the properties would not be without public access and that the other public interests would not be released in the event that Lowe's subsequently elected not to proceed with the project. The time period was based upon Lowe's estimated project schedule. SUMMARY OF INFORMATION: This is a housekeeping item to clear any possible title objections or defects resulting from the four-month condition. Lowe's did, in fact, proceed with and complete all of the necessary acquisitions and development of the property. The conditions contained in the above-referenced ordinances, copies of which are attached hereto as Exhibits A and B, have been satisfied except that several ofthe property acquisitions were delayed beyond the four-month period due to title issues that needed to be resolved prior to settlement. This condition is now moot and serves no purpose for the public or the prior property owners. FISCAL IMPACTS: None STAFF RECOMMENDATION: Staff recommends that the Board adopt the proposed ordinance to delete the four-month requirement for the Lowe's acquisitions in Ordinance #021098-9 and Ordinance #032498-7, and to otherwise ratify and approve said Ordinances as originally adopted. Respectfully submitted, Vi kie .Huffman Senior Assistant C my Attorney 2 ~-I ACTION Approved () M b Denied ( ) Received ( ) Referred to otion y. G : \ATT ORNE Y \ V LH\AGENDA\Pi nkazd. Amend. Report. wp d VOTE No Yes Abs Church Johnson McNamara Minnix Nickens 3 ~~ ' OF THE BOARD OF SUPERVISORS OF ROANOKE ~ I AT A REGULAR MEETING COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, FEBRUARY 10, 1998 ORDINANCE 0 9 -9 VACATING AND CLOSING AS PUBLIC RIGHTS- OF-WAY A PORTION OF VALLEY AVENUE, ALL OF PINKARD AVENUE, MEADOW VIEW ROAD, BOOKER ROAD, AND SUMMIT AVENUE, AND ALL ALLEYS IN PINKARD COURT SUBDMSION SHOWN IN PLAT BOOK 1, PAGE 363. WHEREAS, the Petitioners, residents and Interstate Development, L.L.C., optionee on the properties, in Pinkard Court Subdivision as shown on the "Map of Pinkard Court" of record in the Clerk's OfFice of the Circuit Court of Roanoke County in Plat Book 1, Page 363, have proposed the sale and acquisition of the lots in said subdivision for development of a Lowe's retail business in the County of Roanoke; and, WHEREAS, the Petitioners have requested that the Board of Supervisors of Roanoke County, Virginia, vacate and close as public rights-of-way a portion of Valley Avenue, all of Pinkard Avenue, Meadow View Road, Booker Road and Summit Avenue, and all alleys, in Pinkard Court Subdivision, said roads, streets and alleys having been created and shown on the "Map of Pinkard Court" recorded in Plat Book 1, Page 363; and, WHEREAS, §15.2-2272.2 of the Code of Vrginia (1950, as amended) requires that such action be acxomplished 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 27, 1998; the public hearing and second reading of this ordinance was held on February 10, 1998. NOW THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: ffiIBIT A ~S-~ 1. That the public rights-of-way, situate in the Cave Spring Magisterial District of Roanoke County, shown and cross-hatched on Exhibit A attached hereto, and referenced as a portion of Valley Avenue (Route 862), from .03 miles west from its intersection with Meadow View Road (Route 876), to its intersection with Washington Avenue, all of Pinkard Avenue (Route 877), Meadow View Road (Route 876), Booker Road (Route 878) and Summit Avenue, and all alleys, created on plat entitled "Map of Pinkard Court", recorded in the aforesaid Clerk's Office in Plat Book 1, Page 363, be, and hereby are, vacated and closed pursuant to Section 15.2-2272 of the Code of Virginia (1950, as amended), subject to the following conditions: a. That fee simple title to all of the lots in Pinkard Court Subdivision as shown on Plat Book 1, Page 363 (except Lots 1, 2, and 3 in Block 1 which are not affected by this action), to a parcel of land currently owned by Rowena P. Jernigan (Deed Book 1288, Page 803) designated on the Roanoke County Land Records as Tax Map No. 87.08-3-1, and to a parcel of land consisting of 21.686 acres, more or less, and being a portion of a tract of land currently owned by Craighead Real Estate (Deed Book 1388, Page 1311; Will Book 44, Page 1447) designated on the Roanoke County Land Records as Tax Map No. 77.20-1-42 and a portion of Tax Map No. 77.20-1-43, shall be acquired by Interstate Development, L.L.C., or its assignee (Lowe's Companies, Inc.), in one common ownership and all of said lots or parcels shall be added and combined into one tract or parcel of land, with other parcels added if necessary or desired, within four months from the date of adoption of this ordinance. b. That fee simple title to said roads, streets and alleys shall vest in the owner(s) of the abutting properties within the subdivision as provided in §15.2-2274 of the Code of Virginia (1950, as amended), subject to the condition that the vacated areas of land shall be added and combined, by deed or by plat, to said abutting property, in compliance with the Roanoke County Subdivision and Zoning Ordinances, and other applicable laws and regulations. c. That a new public right-of-way from Franklin Road (Route 220) and extending to Washington Avenue be dedicated and the appropriate 2 ~_.~ guarantee be provided to the County of Roanoke for the construction of the new road to the standards required by the Virginia Department of Transportation (VDOT) and for VDOT acceptance of the new road into the state secondary road system. d. That abandonment of those portions of Valley Avenue (Route 862), Pinkard Avenue (Route 877), Meadow View Road (Route 876), and Booker Road (Route 878) which are part of the secondary system of state highways be • approved by separate procedure and action in accordance with §33.1-151 of the Code of Virginia (1950, as amended). e. That all costs and expenses associated herewith, including but not limited to publication, survey and recordation costs, shall be the responsibility of Interstate Development, L.L.C., or its assignee (Lowe's Companies, Inc.); 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 Minnix to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None A COPY TESTE: 3 ,~_t ~~ Mary H. Allen, CMC Clerk to the Board of Supervisors cc: File Arnold Covey, Director, Engineering & Inspections Vickie Huffman, Assistant County Attorney 4 - ...... r x Sze a°° r/ /'„1 ~ 7a pb .~ g6`t' •a2 iS~SSe, z J ~ ~ . Rt• / so I6 ,n42~P "f4 ~ ~ 7y\ t7 ' Pl a o ~ 4317 ~ o, . ti e°' . ~ i' e v. `i s\I8 n` ~ti~ ,\. a~ 4 ixe s 5 12 ~•~ ~ ~~' 42 ! ~ 21 / ~zw R la C.~t a• ~\e . ~r ,41 ~ * JJ 3.0 e! 20 ~ /426 y7.'6 p • ~ ~ I 4.~Sd~~' ~ 0 r0~ ~'L° ~ r ( z~ 345 ~`y ~ i n 35 , 23 ~ ti. /° ~ ~' N ~\° 4249 ~ ;~~ . 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AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MARCH 24, 1998 ORDINANCE 032498-7 TO VACATE AND RELEASE PROPERTY INTERESTS CONVEYED TO THE BOARD OF SUPERVISORS IN CONNECTION WITH ROADS, STREETS, ALLEYS, RIGHTS-OF-WAY, AND PUBLIC ACCESS IN AND AROUND PINKARD COURT SUBDIVISION WHEREAS, by instruments dated March 19, 1983, and March 1, 1985, and recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Deed Book 1221, page 1410, and Deed Book 1221, page 1413, respectively, the owners of properties bordering on each side of Washington Road along the southwestern boundary of Pinkard Court Subdivision executed their consent to give unto Roanoke County, without compensation, each as to the lands by him owned, an easement and right-of-way for said road/street to be 40 feet in width, including an additional 10' strip along the southwest side of Washington Road, together with such additional widths as may be necessary for slopes, ditches and drainage facilities, in order for said road to be established as a part of the state secondary road system; and, WHEREAS, by instruments dated March 19, 1983, and March 1, 1985, and recorded in the aforesaid Clerk's Office in Deed Book 1221, page 1407, and Deed Book 1221, page 1404, respectively, the owners of properties bordering on each side of the portion of Valley Avenue beginning about .02 miles southwest of Booker Road and extending in a southwesterly direction about .05 mile to Washington Road in Pinkard Court Subdivision, executed their consent to give unto Roanoke County, without compensation, each as to the lands by him owned, an easement and right-of-way for said roadlstreet to E%HIBIT B ~- i be 40 feet in width, including an additional 7.5 feet on each side of the designated portion of Valley Avenue, together with such additional widths as may be necessary for slopes, ditches and drainage facilities, in order for said road to be established as a part of the state secondary road system; and, WHEREAS, by instrument dated January 19, 1985, and recorded in the aforesaid Clerk's Office in Deed Book 1221, page 1416, the owners of properties bordering on each side of the portion of Pinkard Street (also known as Pinkard Avenue), extending from Booker Road (Route 878) in a southwesterly direction about .05 mile to a new turn-around, in Pinkard Court Subdivision, executed their consent to give unto Roanoke County, without compensation, each as to the lands by him owned, an easement and right-of-way for said road/street to be 40 feet in width, including an arc of land on each side of Pinkard Street for the cul-de-sac, together with such additional widths as may be necessary for slopes, ditches and drainage facilities, in order for said road to be established as a part of the state secondary road system; and, WHEREAS, by deed dated September 2, 1996, and recorded in the aforesaid Clerk's Office in Deed Book 1531, page 1154, Dennis E. Phelps, et als, conveyed fee simple title to a 0.037 acre of land, being the northwesterly portion of Lot 4, Block 4, Pinkard Court Subdivision, to the Board of Supervisors for right-of-way and easement in connection with the improvement and acceptance of Pinkard Street into the state secondary road system; and, WHEREAS, by deed of easement dated January 15, 1974, and recorded in the aforesaid Clerk's Office in Deed Book 988, page 811, Thomas M. Davis, Jr., and Carolyn 2 ~_i C. Davis granted and conveyed for the use of the general public a perpetual easement for foot and vehicle traffic over, across and upon a new 16' alley through Lots 27, 22, and 21, in Bfock 1, of Pinkard Court Subdivision, together with an easement for such drainage ditches as are necessary to drain any road established across said alley, said easements being to replace the alleys vacated by the Roanoke County Board of Supervisors by Ordinance adopted on December 11, 1973, all as shown on a plat attached to said deed of easement; and, WHEREAS, by deed dated November 21, 1949, and recorded in the aforesaid Clerk's Office in Deed Book 429, page 31, W. M. Jernigan, Jr., and Vala Jernigan, husband and wife, conveyed unto the State of Virginia atwelve-foot (12') strip of land along the southerly side of Lot 12, Section 1, Pinkard Court, and by deed dated December 8, 1949, and recorded in the aforesaid Clerk's Office in Deed Book 429, page 33, Joseph W. Nackley conveyed unto the Commonwealth of Virginia atwelve-foot (12') strip of land along the southerly side of Lot 13, Section 1, Pinkard Court, said conveyances being adjacent to, and parallel with Summit Avenue and for purposes of widening Summit Avenue on the northerly side thereof; and, WHEREAS, due to the proposed acquisition and development of the lots in Pinkard Court Subdivision and surrounding properties, and in view of the vacation of the public rights-of-way shown on the plat of Pinkard Court Subdivision in Plat Book 1, Page 363, by Ordinance #021098-9 adopted by the Board of Supervisors on February 10, 1998, and the abandonment of those sections of said rights-of-way in the state secondary road system by Resolution #021098-8, the Board deems the above-described real estate interests no 3 ~~ longer necessary for the County or for the public, and the County has no current or future use for these interests. THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That pursuant to the provisions of Section 18.04 of the Roanoke County Charter, the acquisition and disposition of real estate can be authorized only by ordinance. A first reading of this ordinance was held on March 10, 1998; and a second reading was held on March 24, 1998; and, 2. That pursuant to the provisions of Section 16.01 of the Charter of Roanoke County, the real estate interests hereinabove described are hereby declared to be surplus, and the nature of said interests render them unacceptable and unavailable for other public uses; and, 3. That, subject to the conditions contained in Paragraph 7, all right, title and interest acquired by the Board of Supervisors of Roanoke County, Virginia, by instruments dated March 19, 1983, and March 1, 1985, and recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Deed Book 1221, page 1410, and Deed Book 1221, page 1413, respectively, for Washington Road, by instruments dated March 19, 1983, and March 1, 1985, and recorded in the aforesaid Clerk's Office in Deed Book 1221, page 1407, and Deed Book 1221, page 1404, respectively, for Valley Avenue, and by instrument dated January 19, 1985, and recorded in Deed Book 1221, page 1416, for Pinkard Street (also known as Pinkard Avenue), be, and hereby is, vacated and released; and, 4 wi 4. That, subject to the conditions contained in Paragraph 7, the northwesterly portion of Lot 4, Block 4, Pinkard Court, consisting of 0.037 acre, be, and hereby is, vacated and released as a right-of-way and easement for acceptance of Pinkard Street into the secondary road system, and the County Administrator or any Assistant County Administrator is hereby authorized to re-convey said parcel to the owner of Lot 4, Block 4, Pinkard Court, as of the time such conveyance is made, said parcel to be added and combined with Lot 4, by deed or by plat, in compliance with the Roanoke County Subdivision Ordinances, and other applicable laws and regulations; and, 5. That, subject to the conditions contained in Paragraph 7, the new 16' alley through Lots 27, 22 and 21, in Block 1, Pinkard Court, conveyed as a perpetual easement for use of the general public by deed of easement dated January 15, 1974, and recorded in the aforesaid Clerk's Office in Deed Book 988, page 811, be and hereby is, vacated and released; and, 6. That, subject to the conditions contained in Paragraph 7, all right, title and interest of the County or the Board of Supervisors of Roanoke County, Virginia, which may have been acquired by virtue of the deeds dated November 21, 1949, and December 8, 1949, and recorded in the aforesaid Clerk's Office in Deed Book 429, page 31, and Deed Book 429, page 33, respectively, for the widening of Summit Avenue be, and hereby is, vacated and released; and, 7. That this ordinance shall be subject to the following conditions: a. That fee simple title to all of the lots in Pinkard Court Subdivision as shown on Plat Book 1, Page 363 (except Lots 1, 2, and 3 in Block 1 5 -~ which are not affected by this action), to a parcel of land currently owned by Rowena P. Jernigan (Deed Book 1288, Page 803) designated on the Roanoke County Land Records as Tax Map No. 87.08-3-1, and to a parcel of land consisting of 21.686 acres, more or less, and being a portion of a tract of land currently owned by Craighead Real Estate (Deed Book 1388, Page 1311; Will Book 44, Page 1447) designated on the Roanoke County Land Records as Tax Map No. 77.20-1-42 and a portion of Tax Map No. 77.20-1-43, shall be acquired by Interstate Development, L.L.C., or its assignee (Lowe's Companies, Inc.), in one common ownership and all of said lots or parcels shall be added and combined into one tract or parcel of land, with other parcels added if necessary or desired, within four months from the date of the adoption of this ordinance. b. That a new public right-of-way from Franklin Road (Route 220) and extending to Washington Avenue be dedicated and the appropriate guarantee be provided to the County of Roanoke for the construction of the new road to the standards required by the Virginia Department of Transportation (VDOT) and for VDOT acceptance of the new road into the state secondary road system. c. That all costs and expenses associated herewith, including but not limited to publication, survey and recordation costs, shall be the 6 tT' " i responsibility of Interstate Development, L.L.C., or its assignee (Lowe's Companies, Inc.); and, 8. That the County Administrator or any Assistant County Administrator is hereby authorized to execute such other documents and take such further actions on behalf of Roanoke County as are necessary to accomplish the vacation, release and relinquishment of said property interests, all of which shall be on form approved by the County Attorney. 9. That this ordinance shall be effective on and from the date of its adoption. On motion of Supervisor Minnix to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None A COPY TESTE: Brenda J. Holto ,Deputy Clerk Roanoke County Board of Supervisors cc: File Vickie L. Huffman, Assistant County Attorney Arnold Covey, Director, Engineering & Inspections 1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 25, 2001 ORDINANCE AMENDING ORDINANCE #021098-9, WHICH VACATED AND CLOSED AS PUBLIC RIGHTS-OF-WAY A PORTION OF VALLEY AVENUE, ALL OF PINKARD AVENUE, MEADOW VIEW ROAD, BOOKERROAD, AND SUMNIIT AVENUE, AND ALL ALLEYS IN PINKARD COURT SUBDIVISION SHOWN IN PLAT BOOK 1, PAGE 363, AND ORDINANCE #032498-7, WHICH VACATED AND RELEASED PROPERTY INTERESTS CONVEYED TO THE BOARD OF SUPERVISORS IN CONNECTION WITH ROADS, STREETS, ALLEYS, RIGHTS-OF-WAY, AND PUBLIC ACCESS IN AND AROUND PINKARD COURT SUBDIVISION, TO DELETE THE CONDITION IN EACH ORDINANCE THAT THE SPECIFIED PROPERTIES BE ACQUIRED IN ONE COMMON OWNERSHIP (LOWE'S COMPANIES, INC.) AND COMBINED INTO ONE TRACT OR PARCEL OF LAND WITHIN FOUR MONTHS FROM THE DATE OF ADOPTION OF EACH ORDINANCE, AND TO OTHERWISE RATIFY AND APPROVE EACH OF SAID ORDINANCES. WHEREAS, on February 10, 1998, the Board of Supervisors adopted Ordinance #021098-9 Vacating and Closing as Public Rights-of--Way a Portion of Valley Avenue, All of Pinkard Avenue, Meadow View Road, Booker Road, and Summit Avenue, and All Alleys in Pinkard Court Subdivision Shown in Plat Book 1, page 363, pursuant to §15.2-2272.2 of the Code of Virginia (1950, as amended), said action having been taken upon petition of the residents and Interstate Development, L.L.C., optionee on the properties, in Pinkard Court Subdivision in connection with the proposed development of the Lowe's retail business in the County of Roanoke; and, WHEREAS, on March 24, 1998, the Board of Supervisors adopted Ordinance #032498-7 Vacating and Releasing Property Interests Conveyed to the Board of Supervisors in Connection with Roads, Streets, Alleys, Rights-of--Way, and Public Access in and Around Pinkard Court Subdivision; and, WHEREAS, each of said Ordinances included a condition that the specified properties be acquired in one common ownership (Lowe's) and combined into one tract or parcel of land within four months from the date of adoption of each ordinance, in order to protect against the loss of public access to and from the individual properties or the relinquishment of other public interests, in the event that Lowe's elected not to proceed with its proposed development; and, WHEREAS, Lowe's did proceed with the project and acquired all ofthe identified properties, together with several additional properties, but was unable to complete the requisite acquisitions C~! within the four-month period specified in the above-referenced Ordinances due to resolution of various title issues pertaining to several properties; and, WHEREAS, in view of the satisfaction of all of the remaining conditions of said Ordinances and the combination of the properties into one tract of land, as shown on plat dated May 27, 1999 and revised through October 26, 2000, and recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Plat Book 24, page 1, the four-month condition is deemed unnecessary for the protection of the public interest or the previous individual property owners; and, WHEREAS, notice of the proposed amendment has been given as required by § 15.2-2204 of the Code of Virginia (1950, as amended), and the public hearing and first reading of this ordinance was held on September 25, 2001; the second reading of this ordinance was held on October 9, 2001. NOW THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That Section l .a. of Ordinance #021098-9 be, and hereby is, amended as follows: ****. a. That fee simple title to all of the lots in Pinkard Court Subdivision as shown on Plat Book 1, Page 363 (except Lots 1, 2, and 3 in Block 1 which are not affected by this action), to a parcel of land currently owned by Rowena P. Jernigan (Deed Book 1288, Page 803) designated on the Roanoke County Land Records as Tax Map No. 87.08-3-1, and to a parcel of land consisting of 21.686 acres, more or less, and being a portion of a tract of land currently owned by Craighead Real Estate (Deed Book 1388, Page 1311; Will Book 44, Page 1447) designated on the Roanoke County Land Records as Tax Map No. 77.20-1-42 and a portion of Tax Map No. 77.20-1-43, shall be acquired by Interstate Development, L.L.C., or its assignee (Lowe's Companies, Inc.), in one common ownership and all of said lots or parcels shall be added and combined into one tract or parcel of land, with other parcels added if necessary or desired, orclinarte~. 2. That Section 7.a. of Ordinance #032498-7 be, and hereby is, amended as follows: 7. That this ordinance shall be subject to the following conditions: a. That fee simple title to all of the lots in Pinkard Court Subdivision as shown on Plat Book 1, Page 363 (except Lots 1, 2, and 3 in Block 1 which are not affected by this action), to a parcel of land currently owned by 2 ACTION NUMBER ITEM NUMBER G "~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 25, 2001 AGENDA ITEM: First reading of ordinance authorizing acquisition of flood-prone properties for preservation of floodplain land related to the Carvin Creek Hazard Mitigation Project located on Palm Valley Road in the Hollins Magisterial District COUNTY ADMINISTRATOR'S COMMENTS: Recommend approval. We have already received two FEMA grants to acquire houses in the neighborhood. Phase I removed 8 houses at a cost of $750,000. Phase II, which is currently in progress, will remove S houses at a cost of $SSO, 000. Palm Valley was one of the most impacted neighborhoods in the 1985 flood. This action will prevent property owners from building in the same area that we have purchased. It will have the added benefit of providing public use and expanded greenways. BACKGROUND: Phase I of the Carvin Creek Hazard Mitigation Project included the purchase of eight flood prone homes along Carvin Creek in the Palm Valley area of Roanoke County. Phase II has been approved by the Board and will include the purchase of five additional homes in the same area. This action is being requested to purchase ten flood prone lots in the same area. SUMMARY OF INFORMATION: The Roanoke Valley Regional Stormwater Management Plan identified the Sun Valley/Palm Valley area along Carvin Creek as having the highest concentration of flood prone homes in Roanoke County. FEMA grant funds were used to acquire Phase I properties and will also be used to purchase Phase II properties, resulting in the removal of thirteen homes from the floodplain. The ten lots being purchased by this action border Phase II and are in the floodway/floodplain on Carvin Creek and highly susceptible to flooding. The purchase of these lots will prevent them from being developed similar to the "stilt house" that received some attention several years ago and will preserve the land for a greenway and open space along the creek. The assessed value of the ten lots is $80,800.00, as noted an the attachment, and contain approximately 4.7 acres. The owner of the lots has agreed to sell them for $30,000.00 and payment of back taxes (approximately $7,000.00). LTi' ALTERNATIVES AND IMPACT: Alternative #1: Authorize the County Administrator to execute the necessary documents to acquire the ten lots, as described in the ordinance, with funds coming from the Drainage/Flood Control Bond Account. Alternative #2: Decline the purchase of these lots at the present time. STAFF RECOMMENDATION: Staff recommends alternative #1. SUBMITTED BY: APPROVED BY: ~/ ~ ~~~~ George W. Simpson, III, P.E. Elmer C. Ho ge Assistant Director of Community Development County Administrator Approved ( ) Denied ( ) Received ( ) Referred ( ) To ( ) ACTION Motion by: VOTE No Yes Abs Church Johnson _ McNamara Minnix Nickens 2 Tax Map Numbers; 38.1101-42, 43, 45, 46, 47, 48, 49, 50, 51, and 52. Owned by Douglas W. McDaniel, Sr. LOT ASSESSED VALUE BACK TAXES 42 $8,800.00 $108.56 43 $8,000.00 $750.58 45 $8,000.00 $750.58 46 $8,000.00 $750.58 47 $8,000.00 $750.58 48 $8,000.00 $750.58 49 $8,000.00 $750.58 50 $8,000.00 $750.58 51 $8,000.00 $750.58 52 $8,000.00 ~ $750.58 TOTAL $80,800.00 $6,863.78 Q ~' ~ 0 0 Dr / /~~ ^ ® ~/ \ `~ o `, n ,o ~ o, 6n ~ ~0 ¢~. 9r1ve e V err 1 00 ~`~`~ .~ o ~~~`~~ o ~~~,~ ., n Want ~a 0 1, a o ~ 0 o~ o ~~ o0 0 ~~, V ' o 0 Ha ~ o 0 em ~t~°~ 0 0 0 8 4a s' o~ '~ _'o 0 0 ~ a~ C o ~ ` r o LPG o ~,SQ ~~ O ~' o O ~.~ o ~-, f /~ ~B`9e9 ~~~ C f ~ ~ ~~ 000000[. o ~ ,. 1859 Orlando Avenue r` L -•- -- `~, ~o ~oG~ 0 0 o D o ~ 0 do s7o ~~ ° 0 o~ o~c s o~~ 0 v o ~~~ o o o , ~ o ~~ o o ~ o ~~ w d o ~~~ o \~ Ao F 0 0'~ °'~ ~ ~~ ~ o ~ 5352 °~rP o ~ ~ ~ o o o 0 5346 ~'y ~ o `'N o ~ We ar O y~ng\ 534 Rt 1e9~'`\ o~ ~O \ 53 O O ~~, oo Th 5.2 .~ o o J o~ ~ o TM~. o ^ o, f^ /~ .. ~J Roanoke County County of Roanoke Department of Hazard Mitigation Project Community Development Carvin Creek Phase II Scale: 1 "=100' a ~_~ :~ v: ~~~~ ,: ~_ ~,~, Y,z ,,., , ,', ;~ +~, e ~~ _ }l; t , ~.. 5 iy:: '4 a ye y ~'' ~~.. ~ r°.(,~; ~. , 0 . ~ ~ G ~~ ~: - 0. QI . 8 C U '. N -.- y . N to U C r d U c o a~i w 0 O O ~ ~'" ~. - -^7 :_ x: o ~.. ~ i ~.:; .a~ .~ _ ' w .,~ '^ ~; .'~, 'Cry i a s . - ,r ~ h~ ~ l~ 4 } e, . s. 4, ~r Y A" ~ 3~. . W :£ z ~ ; R }a s t:~ r, ~. r y ~~ i ,~ ~~ +~ ?~} 4 ?~;~: , 7 ,' ~, ,_` ',~ : i ~ , ~ ti'', ~: r ~~ :Q r ..k S ? ° . ~ t f 'r~ ~w ,. t ~' AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, THURSDAY, SEPTEMBER 25, 2001 ORDINANCE AUTHORIZING ACQUISITION OF PROPERTY ON PALM VALLEY ROAD IN THE HOLLINS MAGISTERIAL DISTRICT FROM DOUGLAS W. MCDANIEL, SR., BEING LOTS 12, 13, 14, 15, 16, 17, 18, 19, AND 21, BLOCK 8, AND A 1.905-ACRE PARCEL, MAP OF SECTION 4, BROOKSIDE, (TAX MAP NOS. 38.11-1-43, 38.11-1-45, 38.11-1-46, 38.11-1-47, 38.11-1-48, 38.11-1-49, 38.11-1-50, 38.11-1-51, 38.11-1-52, AND 38.11-1-42), FOR PRESERVATION OF FLOODPLAIN LAND RELATED TO THE CARVIN CREEK HAZARD MITIGATION PROJECT WHEREAS, the purpose of the Carvin Creek Hazard Mitigation Grant is to reduce the number of structures located in the floodplain and subject to flooding damage; and, WHEREAS, Roanoke County has been awarded a grant from the Federal Emergency Management Agency (FEMA) to purchase flood-prone homes in the Sun Valley/Palm Valley area; and, WHEREAS, the unimproved property to be acquired is located in the same area as the property acquired (or to be acquired) with the FEMA grant and is in the Carvin Creek floodplain; and, WHEREAS, staff has negotiated the purchase of said property from the owner, Douglas W. McDaniel, Sr., for the sum of $30,000.00, plus the payment of all delinquent real estate taxes in the amount of approximately $7,000.00; and WHEREAS, Mr. McDaniel and the County have entered into a contract of sale, subject to approval by the Board of Supervisors; and, WHEREAS, Section 18.04 of the Roanoke County Charter directs that the acquisition of real estate be accomplished by ordinance; the first reading of this ordinance was held on September 25, 2001; and the second reading was held on October 9, 2001. NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: That the County Administrator is hereby authorized to acquire from Douglas W. McDaniel, Sr., Lots 12, 13, 14, 15, 16, 17, 18, 19, and 21, Block 8, and a 1.905-acre parcel, Map of Section 4, Brookside, Plat Book 7, page 45, (Tax Map Nos. 38.11-1-43, 38.11-1-45, 38.11-1-46, 38.1 1- ~~~'1 1-47, 38.11-1-48, 38.11-1-49, 38.11-1-50, 38.11-1-51, 38.11-1-52, and 38.11-1-42) for the sum of $30,000.00, plus the approximate sum of $7,000.00 for payment of the delinquent real estate taxes thereon. 2. That the purchase price, delinquent real estate taxes, and closing costs shall be paid out of the Drainage/Flood Control capital account. 3. That the County Administrator, or an Assistant County Administrator, is authorized to execute such documents and take such actions on behalf of the Board of Supervisors in this matter as are necessary to accomplish the acquisition of this property, all of which shall be approved as to form by the County Attorney. 4. That this ordinance shall be effective on and from the date of its adoption. L7 / -7 / AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, ON TUESDAY, SEPTEMBER 25, 2001 ORDINANCE 092501-8 APPROVING A FIRE AND EMERGENCY MEDICAL AGREEMENT WITH THE CITY OF ROANOKE TO STAFF THE CLEARBROOK STATION WHEREAS, §§27-2 and 27-23.9, Code of Virginia (1950), as amended, authorizes local governments to cooperate in the furnishing of fire and emergency medical response and related rescue issues, and §15.2-1300, Code of Virginia, authorizes agreements for the joint exercise of powers by political subdivisions of the Commonwealth. WHEREAS, the City and the County have determined that cooperatively and jointly staffing the station located at Clearbrook in Roanoke County to provide fire and emergency medical response and related rescue services across city and county jurisdictional lines will improve such service in the areas that can be served by such station. WHEREAS, it is deemed to be mutually beneficial to the parties hereto to enter into an Agreement concerning the joint staffing of the Clearbrook Station with regards to fire and emergency medical response and related rescue services. WHEREAS, the first reading of this ordinance was held on September 11, 2001, and the second reading was held on September 25, 2001. BE IT ORDAINED, by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the Board hereby approves the Fire and Emergency Medical Agreement to staff the Roanoke County Clearbrook Station in substantially the form as attached to this ordinance, and authorizes the County Administrator, or his designee, to execute this Agreement on behalf of Roanoke County, upon form approved by the County Attorney. 2. That pursuant to this Agreement the County and the City will assign full-time career positions to staff this facility and the equipment located therein, and, that the County will routinely respond with fire and emergency medical equipment and personnel for the ti City from the Clearbrook Station into the 220 South/Southern Hills area. The specific boundaries are to be determined and mutually agreed upon by the respective Fire Chiefs. 3. That the City and the County agree to develop and adopt operational, communication, dispatch, safety and medical protocols that meet professional standards. All operational protocols are to be mutually agreed upon in writing by the Fire Chiefs of the City and the County. 4. That the services performed and expenditures made under this Agreement shall be deemed to be for public and governmental purposes and all immunities from liability enjoyed by the County and its fire/emergency medical services and resource personnel within its boundaries shall extend to its participation in this Agreement. 5. That this Ordinance shall be effective from and after the date of its adoption. On motion of Supervisor Minnix to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS: None A COPY TESTE: y~'L-~~ i~ ~e Mary H. Allen, CMC Clerk to the Board of Supervisors cc: File Paul M. Mahoney, County Attorney Richard Burch, Fire and Rescue Chief Darlene Burcham, Roanoke City Manager James Grigsby, Roanoke City Fire Chief G:\BOARD\2001 \Sept25\9-25Clearbrook-ord#08.doc 2 ACTION NO. ITEM NUMBER ~~~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 25, 2001 AGENDA ITEM: Second Reading of an Ordinance to Enter Into a Cooperative Agreement Between Roanoke City and Roanoke County for Fire and Rescue Service at the Clearbrook Fire Station COUNTY ADMINISTRATOR'S COMMENTS: This was a successful joint effort by the City and County. I want to express appreciation to the Board of Supervisors for your courageous support. I also express appreciation to Roanoke City Council and City Manager Darlene Burcham. Special credit should be given to Chief Burch, Chief Grigsby, and the staff and volunteers at Clearbrook. This is a great beginning. EXECUTIVE SUMMARY: This is the Second reading of an ordinance to enter into an agreement with Roanoke City for joint staffing of the Clearbrook station. Roanoke City approved this at their meeting on Tuesday, September 4, 2001. If approved by the Board, fire and EMS service will be greatly improved in the Clearbrook/South Roanoke area of the two localities. The ordinance is attached for your information as is a copy of the proposed contract. BACKGROUND: This item has been discussed with the Board on a number of occasions, and first reading of the ordinance was held on September 11, 2001. At the Regional Training Center joint meeting with Roanoke City Council, members of the Board and Council welcomed the class of 25 new recruits on their first day of training. When graduated in December, the 15 new County paramedic/firefighters will be allocated to core County stations to provide 24/7 service. Six Roanoke City personnel will also be allocated to the Clearbrook Station, which will allow both localities to provide improved fire and EMS services to the citizens of this area. Hopefully, this will set an example for other cooperative efforts in the future. At the meeting, Mr. Mahoney will explain the terms of a proposed contract between the City and the County, a copy of which is included for your information. Roanoke City approved the contract at their council meeting on September 4, 2001. Chief Burch will also be present to share with you more information on the schedule, transition, and operations of this new venture. FIRE AND EMERGENCY MEDICAL AGREEMENT TO STAFF ~~~ ROANOKE COUNTY CLEARBROOK STATION THIS AGREEMENT made this day of , 2001, by and between the CITY OF ROANOKE, a municipal corporation of the Commonwealth of Virginia (the "City"), and the COUNTY OF ROANOKE, a chartered county of the Commonwealth of Virginia (the "County"). WITNESSETH: WHEREAS, §§27-2 and 27-23.9, Code of Virginia (1950), as amended, authorizes local governments to cooperate in the funushing of fire and emergency medical response and related rescue issues, and § 15.2-1300, Code of Virginia authorizes agreements for the joint exercise of powers by political subdivisions of the Commonwealth. WHEREAS, the City and the County have determined that cooperatively and jointly staffing the station located at Clearbrook in Roanoke County to provide fire and emergency medical response and related rescue services across city and county jurisdictional lines will improve such service in the areas that can be served by such station. WHEREAS, it is deemed to be mutually beneficial to the parties hereto to enter into an Agreement concerning the joint staffing of the Clearbrook Station with regards to fire and emergency medical response and related rescue services. NOW, THEREFORE, in consideration of the mutual benefits to be derived from this Agreement, the parties hereto covenant and agree as follows: 1. The County will operate, maintain and control the Clearbrook Fire Station. 2. The County will provide and maintain at least one fire engine and one ambulance at the Clearbrook Station. 3. The County will assign a staff of twelve (12) full-time career positions to staff the equipment described in Paragraph 2. The City will assign six (6) full-time career positions to Clearbrook Station to staff the equipment described in Paragraph 2. The rank and skill levels of those assigned shall be agreed upon by the Fire Chiefs of the City and the County. The primacy response for emergency incidents in the City will be by career personnel. ~~ 4. The County shall have jurisdiction over emergency calls within the County. The City shall have jurisdiction over such calls within the City. 5. The County will routinely respond with fire and emergency medical equipment and personnel for the City from the Clearbrook Station into the 220 South/Southern Hills area. Specific boundaries are to be determined and mutually agreed upon by the respective Fire Chiefs. 6. The County will provide working and living space at the station for City personnel assigned to Clearbrook Station. 7. City residents shall pay to the City the ambulance fee imposed by the City; for calls originating in the City; County residents shall pay to the County the ambulance fee imposed by the County for calls originating in the County. 8. The parties agree to develop and adopt operational, communication, dispatch, safety and medical protocols that meet professional standards. All operational protocols are to be mutually agreed upon in writing by the Fire Chiefs of the City and the County. 9. All fire and emergency medical services and resource personnel, agents and other employees of the parties to this Agreement who are acting pursuant to this Agreement shall have the same powers, rights, privileges and immunities as provided by law in each jurisdiction while providing fire and emergency services. 10. The services performed and expenditures made under this Agreement shall be deemed to be for public and governmental purposes and all immunities from liability enjoyed by the County and the City and their fire/emergency medical services and resource personnel within its boundaries shall extend to its participation in this Agreement. 11. All pension, disability, workers' compensation, life and health insurance and other benefits to which fire/emergency medical services and rescue personnel are entitled shall be extended to the services performed by such personnel under this Agreement. Each party agrees that provisions of these benefits shall G:~ATTORNEY~PIviM~A-CITYC1Aug31.wpd 2 µ-I • remain the responsibility of the respective employer of the individuals assigned to staff the Clearbrook Station. 12. Each party agrees that, in all activities undertaken pursuant to this Agreement, each party hereby waives any and all claims against the other party. The parties shall not be liable to each other for reimbursement for injuries to or death of personnel or damage to equipment incurred when providing services pursuant to this Agreement, including when going to or returning from another jurisdiction. Neither party shall be liable to the other for any other costs associated with or arising from the provision of services or the rendering of assistance under this Agreement, except as specifically provided under this Agreement. 13. Each party shall indemnify and save harmless the other parry from all claims by third parties for personal injury and death or property damage which may arise from activities under this Agreement, to the extent permitted by law. 14. Administrative details and future unforseen issues that may arise from activities associated with this Agreement shall be resolved by a mutually agreed upon solution of the respective Fire Chiefs. Any disagreement Uetween the Fire Chiefs shall be resolved by the City Manager and County Administrator. 15. This Agreement shall be effective from January 1, 2002, until December 31, 2002. Thereafter, it shall automatically renew for additional terms of one (1) year, unless either party gives at least ninety (90) days prior written notice of termination to the other party. WITNESS the following signatures and seals: • ATTEST: CITY OF ROANOKE, VIRGINIA G: WTTORNEY~PMIvi\A-CITYC l Aug31. wpd 3 r-i AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, ON TUESDAY, SEPTEMBER 25, 2001 ORDINANCE APPROVING A FIRE AND EMERGENCY MEDICAL AGREEMENT WITH THE CITY OF ROANOKE TO STAFF THE CLEARBROOK STATION WHEREAS, §§27-2 and 27-23.9, Code of Virginia (1950), as amended, authorizes local governments to cooperate in the furnishing of fire and emergency medical response and related rescue issues, and §15.2-1300, Code of Virginia, authorizes agreements for the joint exercise of powers by political subdivisions of the Commonwealth. WHEREAS, the City and the County have determined that cooperatively and jointly staffing the station located at Clearbrook in Roanoke County to provide fire and emergency medical response and related rescue services across city and county jurisdictional lines will improve such service in the areas that can be served by such station. WHEREAS, it is deemed to be mutually beneficial to the parties hereto to enter into an Agreement concerning the j oint staffing of the Clearbrook Station with regards to fire and emergency medical response and related rescue services. WHEREAS, the first reading of this ordinance was held on September 11, 2001, and the second reading was held on September 25, 2001. BE IT ORDAINED, by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the Board hereby approves the Fire and Emergency Medical Agreement to staff the Roanoke County Clearbrook Station in substantially the form as attached to this ordinance, and authorizes the County Administrator, or his designee, to execute this Agreement on behalf of Roanoke County, upon form approved by the County Attorney. 2. That pursuant to this Agreement the County and the City will assign full-time career positions to staff this facility and the equipment located therein, and, that the County will routinely respond with fire and emergency medical equipment and personnel for the City from the Clearbrook Station into the 220 South/Southern Hills area. The specific boundaries are to be determined and mutually agreed upon by the respective Fire Chiefs. 3. That the City and the County agree to develop and adopt operational, communication, dispatch, safety and medical protocols that meet professional standards. All operational protocols are to be mutually agreed upon in writing by the Fire Chiefs of the City and the County. ~r 4. That the services performed and expenditures made under this Agreement shall be H-1 deemed to be for public and governmental purposes and all immunities from liability enjoyed by the County and its fire/emergency medical services and resource personnel within its boundaries shall extend to its participation in this Agreement. 5. That this Ordinance shall be effective from and after the date of its adoption. G:\ATTORNEY\PMM\AGENDA\ClearbrookAgreoCity.ord.wpd 2 o~ p,OANp,Y~ AGENDA ITEM NO. ~. Z o Z v •,. a t83a APPEARANCE REQUEST PUBLIC HEARING ORDINANCE +~CITIZEN COMMENTS SUBJECT: _~ ~t_ I would like the Chairman of the Board of Supervisors to recognize me during the meeting on the above matter so that I may comment. WHEN CALLED TO THE LECTERN, / W/LL G/VE MY NAME AND ADDRESS FOR THE RECORD, /AGREE TO AB/DE BY THE GU/DEL/NES L/STED ^ Each speaker will be given between three to five minutes to comment whether speaking as an individual or representative. The Chairman will decide the time limit based on the number of citizens speaking on an issue, and will enforce the rule unless instructed by the majority of the Board to do otherwise. ^ The speaker will be limited to a presentation of his/her point of view only. Questions of clarification may be entertained by the Chairman. ^ All comments must be directed to the Board. Debate between a recognized speaker and audience members is not allowed. ^ Both speakers and the audience will exercise courtesy at all times. ^ Speakers are requested to leave any written statements and/or comments with the Clerk to the Board. ^ Individuals speaking on behalf of an organized group shall file with the Clerk written authorization from the Group allowing the individual to represent them. PLEASE PRINT LEGIBLY AND GIVE TO THE CLERK TO THE BOARD NAME: '_~~ ~! --~~`~ ~~ ~ Cu~~.-r~~~ ~ ~~? i or`~~~_ -~~ - ~ ~ ern ~~ ~~ f ~ ADDRESS: ~~~-~5 ~~~c C~;~-~-7 -i- ~,~ PHONE: ~ ~' ~""~ ` l ~/ ~ Z- a~?°°'"0~F AGENDA ITEM NO. ~ p Z ~ 0 2 v a X838 APPEARANCE REQUEST PUBLIC HEARING ORDINANCE CITIZEN COMMENTS SUBJECT: bead - Q~ ~ ~a .- ~ ~l ~~' ~P~ I would like the Chairman of the Board of Supervisors to recognize me during the meeting on the above matter so that I may comment. WHEN CALLED TO THE LECTERN, / W/LL G/VE MY NAME AND ADDRESS FOR THE RECORD, /AGREE TO AB/DE BY THE G[1/DEL/NES L/STED BELOW: ^ Each speaker will be given between three to five minutes to comment whether speaking as an individual or representative. The Chairman will decide the time limit based on the number of citizens speaking on an issue, and will enforce the rule unless instructed by the majority of the Board to do otherwise. ^ The speaker will be limited to a presentation of his/her point of view. only. Questions of clarification may be entertained by the Chairman. ^ All comments must be directed to the Board. Debate between a recognized speaker and audience members is not allowed. ^ Both speakers and the audience will exercise courtesy at all times. ^ Speakers are requested to leave any written statements and/or comments with the Clerk to the Board. ^ Individuals speaking on behalf of an organized group shall file with the Clerk written authorization from the Group allowing the individual to represent them. PLEASE PRINT LEGIBLY AND GIVE TO THE CLERK TO THE BOARD NAME: ADDRESS: ~ sD~ C?~?dwp~s PHONE: ~j ~~ ~~ orP0AN0~~6 o ,_ v :, a 1838 ~' /~.~.-r- b r o ax- AGENDA ITEM NO. ,~'~~ re ~ ~» G...~ t APPEARANCE REQUEST ~ PUBLIC HEARING ORDINANCE CITIZEN COMMENTS SUBJECT: ~~" ~ ~-~s~u~.- 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 TD THE LECTERN, / W/LL G/VE MY NAME AND ADDRESS FOR THE RECORD. /AGREE TO AB/DE BY THE GU/DEL/NES L/STED BELOW. ^ Each speaker will be given between three to five minutes to comment whether speaking as an individual or representative. The Chairman will decide the time limit based on the number of citizens speaking on an issue, and will enforce the rule unless instructed by the majority of the Board to do otherwise. ^ The speaker will be limited to a presentation of his/her point of view only. Questions of clarification may be entertained by the Chairman. ^ All comments must be directed to the Board. Debate between a recognized speaker and audience members is not allowed. ^ Both speakers and the audience will exercise courtesy at all times. ^ Speakers are requested to leave any written statements and/or comments with the Clerk to the Board. ^ Individuals speaking on behalf of an organized group shall file with the Clerk written authorization from the Group allowing the individual to represent them. PLEASE PRINT LEGIBLY AND GIVE TO THE CLERK TO THE BOARD NAME: ~ ~~~ W~'g y ADDRESS: J 6 S ~ \ PHONE: C1 ~`1,g~~~ aF P~nNO~F ~do~o L°~/"A.t~ Vim- AGENDA ITEM NO. ~h ` - ~ ~-9 rte. Me7`'C w i-f ~Ihe. C ~ ~'t~• o~ a c~c.~cr-b ~.-.o v z ~ ,83s APPEARANCE REQUEST PUBLIC HEARING ORDINANCE CITIZEN COMMENTS SUBJECT: ~'~ L~ ~ -~- ~ ~ . ~~~C~ti~-~~-u~~ I would like the Chairman of the Board of Supervisors to recognize me during the meeting on the above matter so that I may comment. WHEN CALLED TO THE LECTERN, / W/LL G/VE MY NAME AND ADDRESS FOR THE RECORD, /AGREE TO AB/DE BY THE GU/DEL/NES L/STED BELOW.- ^ Each speaker will be given between three to five minutes to comment whether speaking as an individual or representative. The Chairman will decide the time limit based on the number of citizens speaking on an issue, and will enforce the rule unless instructed by the majority of the Board to do otherwise. ^ The speaker will be limited to a presentation of his/her point of view only. Questions of clarification may be entertained by the Chairman. ^ All comments must be directed to the Board. Debate between a recognized speaker and audience members is not allowed. ^ Both speakers and the audience will exercise courtesy at all times. ^ Speakers are requested to leave any written statements and/or comments with the Clerk to the Board. ^ Individuals speaking on behalf of an organized group shall file with the Clerk written authorization from the Group allowing the individual to represent them. PLEASE PRINT LEGIBLY AND GIVE TO THE CLERK TO THE BOARD NAME: ;1 ~¢I ~P~~.ty~ ~ ~rJ~ R {~ /~ ADDRESS: 7~~ S~~ ~~u~ ,~o//mcc~ ~~v PHONE: ~D~ p,OANp ~ / ~GZ~ i/ IrO o~ , ~F` /~ AGENDA ITEM NO. z ~ ~ ~ ~ ,r'~ e.,-rye e r~ ~' o z ~ v a x838 APPEARANCE REQUEST '~.~ PUBLIC HEARING ORDINANCE CITIZEN COMMENTS ~' ~~ SUBJECT: .~1"'~v~ ~~/'.~ ~^ ~ ~- j1 ~~.~~~ ~ r r ~ i~~ I would like the Chairman of the Board of Supervisors to recognize me during the meeting on the above matter so that I may comment. WHEN CALLED TO THE LECTERN, / W/LL G/VE MY NAME AND ADDRESS FOR THE RECORD, /AGREE TO AB/DE BY THE GU/DEL/NES L/STED BELOW: ^ Each speaker will be given between three to five minutes to comment whether speaking as an individual or representative. The Chairman will decide the time limit based on the number of citizens speaking on an issue, and will enforce the rule unless instructed by the majority of the Board to do otherwise. ^ The speaker will be limited to a presentation of his/her point of view only. Questions of clarification may be entertained by the Chairman. ^ All comments must be directed to the Board. Debate between a recognized speaker and audience members is not allowed. ^ Both speakers and the audience will exercise courtesy at all times. ^ Speakers are requested to leave any written statements and/or comments with the Clerk to the Board. ^ Individuals speaking on behalf of an organized group shall file with the Clerk written authorization from the Group allowing the individual to represent them. PLEASE PRINT LEGIBLY AND GIVE TO THE CLERK TO THE BOARD NAME: ~~1, ~'1 r2 En/ c~ V~/Fl Ts~n~ eJ I M~~tc~h(S" ADDRESS: <~G ~5' 1'~'~~rr ~~ N PHONE: ~ f_ ~~ ~,e,~,~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 25, 2001 ORDINANCE 092501-5 AMENDING NOTICE REQUIREMENTS OF ENFORCEMENT PROCEDURES FOR.SECTION 12-125. "REMOVAL OF INOPERATIVE MOTOR VEHICLES, ETC.," AND SECTION 13-14. "UNLAWFUL ACCUMULATIONS OF TRASH AND GROWTH OF WEEDS; PUBLIC NUISANCES AND ABATEMENT THEREOF" BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That Section 12-125. "Removal of inoperative motor vehicles, etc." of Chapter 12. "Motor Vehicles and Traffic" be amended to read and provide as follows: **** Sec. 12-125. Removal of inoperative motor vehicles, etc. (a) The owner of the property on which there is an inoperative motor vehicle, trailer, or semitrailer that is not fully enclosed or completely shielded shall remove the vehicle or comply with the screening or enclosure requirement of this article within #i#teen {~} ten_~,10~ days after being notified by the zoning administrator. (b) Whenever the property owner fails to comply with this article within the fi#teeR {=f~j tenrt~1~ -day period of this notice, the chief of police or zoning administrator may remove the inoperative motor vehicle, trailer or semitrailer from the property to the impound lot of the authorized towing service. (c) Whenever the chief of police or zoning administrator removes an inoperative motor vehicle, trailer, or semitrailer from a property, such vehicle may be disposed of after giving an additional fifteen (15) days notice to the last known owner of the vehicle. **** 2. That Section 13-14. "Unlawful accumulations of trash and growth of weeds; public nuisances and abatement thereof' of Chapter 13. "Offenses-Miscellaneous" be amended to read and provide as follows: Sec. 13-14. Unlawful accumulations of trash and growth of weeds; public nuisances and abatement thereof. **** (d) In addition to any- applicable criminal sanctions provided in this code, whenever the enforcement agent determines that a public nuisance exists upon any parcel, he shall notify the record owner of such parcel of such fact by certified mail at the owner's last know address, as shown by any source available to the agent, and such notice shall constitute, for purposes of this section, due legal notice as made and provided bylaw. The notice herein required shall direct that the public nuisance be abated within ten (,~ days following the mailing. Incase the owner's address is unknown or cannot be found, the enforcement agent shall post the notice herein required at a conspicuous place on the parcel on which the public nuisance exists and the posting shall constitute, for purposes of this section, legal notices as made and provided by law. **** (h) No more frequently than twice a year, the enforcement agent shall hold hearings at the Roanoke County Administration Center for the purpose of hearing objections to and comments upon reports and proposed assessments under this section, of correcting any mistakes or inaccuracies in the reports and of confirming the same. (i) Not less than fourteen (14) days prior to a hearing provided for in subsection (h) above, such reports and assessment lists shall be posted at the front door of the County Administration Center with a notice of the time and place the enforcement agent will conduct the hearing on the reports and assessment lists, and the enforcement agent shall send by certified mail to each owner, at his address as determined from county records, a notice of the time, place and subject matter of the hearing. The notice shall advise the owner of his right to object to, be heard upon, and to contest the confirmation of the report and assessment. The notice shall further provide that, upon the confirmation by the enforcement agent of the reports of abatement costs and service charges the same shall constitute special assessments against the owner and the parcel, a personal obligation of the owner and a lien upon the owner's parcel from the date and time of the recordation of a notice of lien, and bear interest at the rate of ten (10) percent. There shall be included with the notice a statement to the owner of the abatement cost, service charge and accrued 2 interest. (j) At the hearing provided for in subsection (h) above, the enforcement agent shall hear any objections which may be raised by any owner liable to be assessed and may confirm, modify or reject the reports and assessment lists as he may deem appropriate and send those confirmed to the director of finance and the treasurer for collection of the respective special assessment. (k) With respect to all such accounts remaining unpaid fourteen (14) days after the confirmation of the reports and assessment lists, the enforcement agent shall cause a notice of the lien of the special assessment prepared by the county attorney to be recorded in the clerk's office of the circuit court of the county. The county attorney may take appropriate steps, including a personal or in rem suit or action, in the appropriate court to enforce the lien to satisfy the special assessment. **** 4. That this ordinance shall be in full force and effect from and after its passage. On motion of Supervisor McNamara to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS: None A COPY TESTE: ~~- Mary H. Allen, CMC Clerk to the Board of Supervisors cc: File Arnold Covey, Director, Community Development Janet Scheid, Senior Planner Paul M. Mahoney, County Attorney County Code G:\BOARD\2001 \Sept25\9-25nuisance.ord.wpd c3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 25, 2001 RESOLUTION 092501- 9 AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $13,745,000 GENERAL OBLIGATION SCHOOL BONDS OF THE COUNTY OF ROANOKE, VIRGINIA TO BE SOLD TO THE VIRGINIA PUBLIC SCHOOL AUTHORITY PURSUANT TO THE LITERARY FUND SUBSIDY SALE AND PROVIDING FOR THE FORM AND DETAILS THEREOF WHEREAS, in September of 2000 and January of 2001, the Commonwealth of Virginia Board of Education (the "Board of Education") placed applications (the "Applications") of the School Board of the County of Roanoke, Virginia (the "School Board") for loans in the aggregate amount of $14,000,000 (the "Literary Fund Loan") from the Literary Fund, a permanent trust fund established by the Constitution of Virginia (the "Literary Fund"), for financing the South County High School and Glenvar Middle School projects (the "Projects") in the County of Roanoke, Virginia (the "County"), on the First Priority Waiting List. WHEREAS, the Board of Education was to have approved the release of Literary Fund moneys to the School Board and make a commitment to loan such moneys to the School Board (the "Commitment")within one year of placement of each Application on the First Priority Waiting List upon receipt of the Literary Fund of an unencumbered sum available at least equal to the amount of such Application and the approval, by the Board of Education, of such Application as having met all conditions for a loan from the Literary Fund. WHEREAS, the Board of Education was thereafter to have given advances on the amount of the Commitment for the Literary Fund Loan to the School Board, as construction or renovation of the Projects progressed, in exchange for a loan obligation from the School Board to the Literary Fund (the "Literary Fund Obligation") for the amounts so advanced. WHEREAS, the Literary Fund Obligation was to have borne interest at four percent (4%) per annum and mature in annual installments for a period of twenty (20) years. WHEREAS, in connection with the 2001 Interest Rate Subsidy Program (the "Program"), the Virginia Public School Authority (the "VPSA") has offered to purchase general obligation school bonds of the County, and the Board of Education has offered to pay, to the County, a lump sum cash payment (the "Lump Sum Cash Payment") equal to the sum of (i) net present value difference, determined on the date that VPSA sells its bonds, between the weighted average interest rate that the general obligation school bonds of the County will bear upon sale to the VPSA and the interest rate that the Literary Fund Obligation would have borne plus (ii) an allowance for the costs of issuing such bonds of the County (the "Issuance Expense Allowance"). WHEREAS, the Board of Supervisors (the "Board") of the County of Roanoke, Virginia (the "County") has determined that it is necessary and expedient to borrow $13,745,000 and to issue its general obligation school bonds to finance certain capital projects for school purposes. WHEREAS, the County has held a public hearing, after due publication of notice, in accordance with Section 15.2-2606, Code of Virginia of 1950, as amended ("Virginia Code") on September 25, 2001 on the issuance of school bonds in the maximum amount of $13,745,000. WHEREAS, the School Board of the County has requested by resolution the Board to authorize the issuance of the Bonds (as defined below) and has consented to the issuance of the Bonds. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF ROANOKE, VIRGINIA, THAT: 1. Authorization of Bonds and Use of Proceeds. The Board hereby determines that it is advisable to contract a debt and to issue and sell general obligation school bonds of the County in the aggregate principal amount not to exceed $13,745,000 (the "Bonds") for the purpose of financing the Projects. The Board hereby authorizes the issuance and sale of the Bonds in the form and upon the terms established pursuant to this Resolution. 2. Sale of the Bonds. It is determined to be in the best interest of the County to accept the offer of the VPSA to purchase from the County, and to sell to the VPSA, the Bonds at a price determined by the VPSA and accepted by the Chairman of the Board or the County Administrator, such price to be not less than 98% of par and not more than 103% of par, and upon the terms established pursuant to this Resolution. The County Administrator and the Chairman of the Board, or either of them, and such officer or officers of the County as either of them may designate, are hereby authorized and directed to enter into a Bond Sale Agreement with the VPSA providing for the sale of the Bonds to the VPSA in such form as may be approved by the County Administrator ("Bond Sale Agreement"). 3. Details of the Bonds. The Bonds shall be issuable in fully registered form in denominations of $5,000 and whole multiples thereof; shall be dated the date of issuance and delivery of the Bonds; shall be designated "General Obligation School Bonds, Series 2001 B"; shall bear interest from the date of delivery thereof payable semi-annually on each January 15 and July 15 (each an "Interest Payment Date"), beginning July 15, 2002, at the rates established in accordance with paragraph 5 of this Resolution; and shall mature on July 15 in the years (each a "Principal Payment Date") and in the amounts established in accordance with paragraph 5 of this Resolution. The Interest Payment Dates and the Principal Payment Dates are subject to change at the request of VPSA. 2 4. Principal Installments and Interest Rates. The County Administrator is hereby authorized and directed to accept the interest rates on the Bonds established by the VPSA, provided that each interest rate shall be ten one-hundredths of one percent (0.10%) over the interest rate to be paid by the VPSA for the corresponding principal payment date of the bonds to be issued by the VPSA (the "VPSA Bonds"), a portion of the proceeds of which will be used to purchase the Bonds, and provided further, that the true interest cost of the Bonds does not exceed six and one-half percent (6 1/2%) per annum. The County Administrator is further authorized and directed to accept the aggregate principal amount of the Bonds and the amounts of principal of the Bonds coming due on each Principal Payment Date ("Principal Installments") established by the VPSA, including any changes in the Interest Payment Dates, the Principal Payment Date and the Principal Installments which maybe requested by VPSA provided that such aggregate principal amount shall not exceed the maximum amount set forth in paragraph two and the final maturity of the Bonds shall not be later than 21 years from their date. The execution and delivery of the Bonds as described in paragraph 9 hereof shall conclusively evidence such Interest Payment Dates, Principal Payment Dates, interest rates, principal amount and Principal Installments as having been so accepted as authorized by this Resolution. 5. Form of the Bonds. The Bonds shall be initially in the form of a single, temporary typewritten bond substantially in the form attached hereto as Exhibit A. 6. Payment; Paying Agent and Bond Registrar. The following provisions shall apply to the Bonds: (a) For as long as the VPSA is the registered owner of the Bonds, all payments of principal of, premium, if any, and interest on the Bonds shall be made in immediately available funds to the VPSA at or before 11:00 a.m. on the applicable Interest Payment Date, Principal Payment Date or date fixed for prepayment or redemption, or if such date is not a business day for Virginia banks or for the Commonwealth of Virginia, then at or before 11:00 a.m. on the business day next preceding such Interest Payment Date, Principal Payment Date or date fixed for prepayment or redemption; (b) All overdue payments of principal and, to the extent permitted by law, interest shall bear interest at the applicable interest rate or rates on the Bonds; and (c) SunTrust Bank, Richmond, Virginia, is designated as Bond Registrar and Paying Agent for the Bonds. 1. No Prepayment or Redemption. The Principal Installments of the Bonds are not subject to redemption or prepayment. Furthermore, the Board covenants, on behalf of the County, not to refund or refinance the Bonds without first obtaining the written consent of the VPSA or the registered 3 owners of the Bonds. 2. Execution of the Bonds. The Chairman or Vice Chairman and the Clerk or any Deputy Clerk of the Board are authorized and directed to execute and deliver the Bonds and to affix the seal of the County thereto. The signatures of such officers and the manner of affixing the seal on the Bonds may be by facsimile, provided that if both signatures are by facsimile, the Bonds shall not be valid until authenticated by the manual signature of the Paying Agent. 3. Pledge of Full Faith and Credit. For the prompt payment of the principal of, and the premium, if any, and the interest on the Bonds as the same shall become due, the full faith and credit of the County are hereby irrevocably pledged, and in each year while any of the Bonds shall be outstanding there shall be levied and collected in accordance with law an annual ad valorem tax upon all taxable property in the County subject to local taxation sufficient in amount to provide for the payment of the principal of, and the premium, if any, and the interest on the Bonds as such principal, premium, if any, and interest shall become due, which tax shall be without limitation as to rate or amount and in addition to all other taxes authorized to be levied in the County to the extent other funds of the County are not lawfully available and appropriated for such purpose. 4. Use of Proceeds Certificate; Non-Arbitrage Certificate. The County Administrator and Chief Financial Officer, or either of them, and such officer or officers of the County as either may designate are hereby authorized and directed to execute a Non-Arbitrage Certificate, if requested by bond counsel, and a Use of Proceeds Certificate setting forth the expected use and investment of the proceeds of the Bonds and containing such covenants as may be necessary in order to show compliance with the provisions of the Internal Revenue Code of 1986, as amended (the "Code"), and applicable regulations relating to the exclusion from gross income of interest on the Bonds and on the VPSA Bonds. The Board covenants on behalf of the County that (i) the proceeds from the issuance and sale of the Bonds will be invested and expended as set forth in such Use of Proceeds Certificate and the County shall comply with the covenants and representations contained therein and (ii) the County shall comply with the provisions of the Code so that interest on the Bonds and on the VPSA Bonds will remain excludable from gross income for Federal income tax purposes. 5. State Non-Arbitrage Program; Proceeds Agreement. The Board hereby determines that it is in the best interests of the County to authorize and direct the County Treasurer to participate in the State Non-Arbitrage Program in connection with the Bonds. The County Administrator and 4 Chief Financial Officer, or either of them, and such officer or officers of the County as either of them may designate, are hereby authorized and directed to execute and deliver a Proceeds Agreement with respect to the deposit and investment of proceeds of the Bonds by and among the County, the other participants in the sale of the VPSA Bonds, the VPSA, the investment manager, and the depository substantially in the form on file with the County Administrator, which form is hereby approved. 6. Continuing Disclosure Agreement. The County Administrator and Chief Financial Officer, or either of them, and such officer or officers of the County as either of them may designate are hereby authorized and directed (i) to execute a Continuing Disclosure Agreement, asset forth in Appendix F to the Bond Sale Agreement, setting forth the reports and notices to be filed by the County and containing such covenants as may be necessary in order to show compliance with the provisions of the Securities and Exchange Commission Rule 15c2-12 and (ii) to make all filings required by Section 3 of the Bond Sale Agreement should the County be determined by the VPSA to be MOP (as defined in the Continuing Disclosure Agreement). 7. Filing of Resolution. The appropriate officers or agents of the County are hereby authorized and directed to cause a certified copy of this Resolution to be filed with the Circuit Court of the County of Roanoke, Virginia. 8. Further Actions. The County Administrator, Chief Financial Officer, and such other officers, employees and agents of the County as either of them may designate are hereby authorized to take such action as the County Administrator or Chief Financial Officer may consider necessary or desirable in connection with the issuance and sale of the Bonds and any such action previously taken is hereby ratified and confirmed. 9. Effective Date. This Resolution shall take effect immediately. The undersigned Clerk of the Board of Supervisors of the County of Roanoke, Virginia, hereby certifies that the foregoing constitutes a true and correct extract from the minutes of a meeting of the Board of Supervisors held on September 25, 2001, and of the whole thereof so far as applicable to the matters referred to in such extract. I hereby further certify that such meeting was a regularly scheduled meeting and that, during the consideration of the foregoing resolution, a quorum was present. The front page of this Resolution accurately records (i) the members of the Board of Supervisors present at the meeting, (ii) the members who were absent from the meeting, and (iii) the vote of each member, including any abstentions. WITNESS MY HAND and the seal of the Board of Supervisors of the 5 County of Roanoke, Virginia, this 25th day of September, 2001. On motion of Supervisor Nickens to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS: None A COPY TESTE: Mary H. Allen, CMC Clerk to the Board of Supervisors cc: File Diane D. Hyatt, Chief Financial Officer Danial Morris, Director, Finance Paul M. Mahoney, County Attorney Dr. Linda Weber, School Superintendent Brenda Chastain, Clerk, School Board 6 EXHIBIT A (FORM OF TEMPORARY BOND) NO. TS- I UNITED STATES OF AMERICA COMMONWEALTH OF VIRGINIA COUNTY OF ROANOKE General Obligation School Bond Series 200I B The COUNTY OF ROANOKE, VIRGINIA (the "County"), for value received, hereby acknowledges itself indebted and promises to pay to the VIRGINIA PUBLIC SCHOOL AUTHORITY the principal amount of Dollars ($ ), in annual installments in the amounts set forth on Schedule I attached hereto payable on July 15, 2002 and annually on July 15 thereafter to and including July 15, 2021 (each a "Principal Payment Date"), together with interest from the date of this Bond on the unpaid installments, payable semi-annually on January 15 and July 15 of each year commencing on July 15, 2002 (each an "Interest Payment Date"; together with any Principal Payment Date, a "Payment Date"), at the rates per annum set forth on Schedule I attached hereto. Both principal of and interest on this Bond are payable in lawful money of the United States of America. For as long as the Virginia Public School Authority is the registered owner of this Bond, SunTrust Bank, Richmond, Virginia, as bond registrar (the "Bond Registrar") shall make all payments of principal of, premium, if any, and interest on this Bond, without presentation or -I- surrender hereof, to the Virginia Public School Authority, in immediately available funds at or before 11:00 a.m. on the applicable Payment Date or date fixed for prepayment or redemption. If a Payment Date or date fixed for prepayment or redemption is not a business day for banks in the Commonwealth of Virginia or for the Commonwealth of Virginia, then the payment of principal of, premium, if any, or interest on this Bond shall be made in immediately available funds at or before 11:00 a.m. on the business day next preceding the scheduled Payment Date or date fixed for prepayment or redemption. Upon receipt by the registered owner of this Bond of said payments of principal, premium, if any, and interest, written acknowledgment of the receipt thereof shall be given promptly to the Bond Registrar, and the County shall be fully discharged of its obligation on this Bond to the extent of the payment so made. Upon final payment, this Bond shall be surrendered to the Bond Registrar for cancellation. The full faith and credit of the County are irrevocably pledged for the payment of the principal of, premium, if any, and interest on this Bond. The resolution adopted by the Board of Supervisors authorizing the issuance of the Bonds provides, and Section 15.2-2624 of the Code of Virginia of 1950, as amended, requires, that there shall be levied and collected an annual tax upon all taxable property in the County subject to local taxation sufficient to provide for the payment of the principal of, premium, if any, and interest on this Bond as the same shall become due which tax shall be without limitation as to rate or amount and shall be in addition to all other taxes authorized to be levied in the County to the extent other funds of the County are not lawfully available and appropriated for such purpose. This Bond is duly authorized and issued in compliance with and pursuant to the Constitution and laws of the Commonwealth of Virginia, including the Public Finance Act of 1991, Chapter 26, -2- Title 15.2, Code of Virginia of 1950, as amended, and resolutions duly adopted by the Board of Supervisors of the County and the School Board of the County to provide funds for capital projects for school purposes. This Bond may be exchanged without cost on twenty (20) days written notice from the Virginia Public School Authority, at the office of the Bond Registrar on one or more occasions for one or more temporary bonds or definitive bonds in marketable form and, in any case, in fully registered form, in denominations of $5,000 and whole multiples thereof, and having an equal aggregate principal amount, having principal installments or maturities and bearing interest at rates corresponding to the maturities of and the interest rates on the installments of principal of this Bond then unpaid. This Bond is registered in the name of the Virginia Public School Authority on the books of the County kept by the Bond Registrar, and the transfer of this Bond may be effected by the registered owner of this Bond only upon due execution of an assignment by such registered owner. Upon receipt of such assignment and the surrender of this Bond, the Bond Registrar shall exchange this Bond for definitive Bonds as hereinabove provided, such definitive Bonds to be registered on such registration books in the name of the assignee or assignees named in such assignment. The principal installments of this Bond are not subject to redemption or prepayment. All acts, conditions and things required by the Constitution and laws of the Commonwealth of Virginia to happen, exist or be performed precedent to and in the issuance of this Bond have happened, exist and have been performed in due time, form and manner as so required, and this Bond, together with all other indebtedness of the County, is within every debt and other limit prescribed by the Constitution and laws of the Commonwealth of Virginia. -3- IN WITNESS WHEREOF, the County of Roanoke, Virginia, has caused this Bond to be issued in the name of the County of Roanoke, Virginia, to be signed by the Chairman of the Board of Supervisors, its seal to be affixed hereto and attested by the signature of the Clerk of the Board of Supervisors, and this Bond to be dated November _, 2001. (SEAL) ATTEST: COUNTY OF ROANOKE> VIRGINIA By Chairman, Board of Supervisors of the County of Roanoke, Virginia Clerk, Board of Supervisors of the County of Roanoke, Virginia -4- ASSIGNMENT FOR VALUE RECEIVED, the undersigned sells, assigns and transfers unto (PLEASE PRINT OR TYPEWRITE NAME AND ADDRESS, INCLUDING ZIP CODE, OF ASSIGNEE) the within Bond and irrevocably constitutes and appoints attorney to exchange said Bond for definitive bonds in lieu of which this Bond is issued and to register the transfer of such definitive bonds on the books kept for registration thereof, with full power of substitution in the premises. PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF ASSIGNEE: Dated: Signature Guaranteed: (NOTICE: Signature(s~ must be guaranteed by an "eligible guarantor institution" meeting the requirements of the Bond Registrar which requirements will include membership or participation in STAMP or such other "signature guarantee program" as may be determined by the Bond Registrar in addition to, or in substitution for, STAMP, all in accordance with the Securities Exchange Act of I934, as amended. Registered Owner (NOTICE: The signature above must correspond with the name of the Registered Owner as it appears on the front of this Bond in every particular, without alteration or change.) G:\BOARD\2001 \Sept2S\9-lSvpsa-exhibits.doc ACTION NO. ITEM NO. ~~~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD ATTHE ROANOKE COUNTYADMINISTRATION CENTER MEETING DATE: September 25, 2001 AGENDA ITEM: ORDINANCE AMENDING NOTICE REQUIREMENTS OF ENFORCEMENTPROCEDURESFQR SECTION 12-125. "REMOVAL OF INOPERATIVE MOTOR VEHICLES, ETC." AND SECTION 13-14. "UNLAWFUL ACCUMULATIONS OF TRASH AND GROWTH OF WEEDS; PUBLIC NUISANCES AND ABATEMENT THEREOF" COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The Board ofSupervisors ofRoanoke County has raised concerns about the delays involved in nuisance enforcement procedures followed by County staff; and discussed these concerns at a work session on August 14, 2001. County enforcement staffs are following the specific time periods established in the County Code. The County Code provisions are based upon State enabling legislation authorizing certain enforcement measures "after reasonable notice." The Board will recall that the zoning ordinance amendment was referred to the Planning Commission after the first reading and will be brought back to the Board for second reading on October 23, 2001. The proposed ordinance reduces the time period for compliance by the property owner after notification by County enforcement personnel from fifteen days for inoperative motor vehicles violations and fourteen days for weeds and trash violations to ten days. These notice provisions attempt to balance the legitimate private property interests and due process of law mandates enshrined in our Constitution and limiting government in its interactions with its citizens, with the necessity for prompt action to abate or remove imminent and immediate threats to the public arising from public nuisances. It is believed that these significant reductions in the notice and compliance period will not be deemed unreasonable by a court of competent jurisdiction. "Nuisance" is defined in Section 15.2-900 of the Code of Virginia, as including, but not limited to "dangerous or unhealthy substances which have escaped, spilled or been released or which have been allowed to accumulate in or on any place and all unsafe, dangerous, or unsanitary public or private buildings, walls, or structures which constitute a menace to the health and safety 1 ~t-~ of the occupants thereof or the public." Further this nuisance must pose "an imminent and immediate threat to life or property" before the county can abate, raze or remove such public nuisance, and bring an action to recover the necessary costs incurred for the provision of public emergency services reasonably required to abate any such public nuisance. Previously the Board had directed County stag to work with County citizens to resolve such nuisance problems and to accomplish compliance through voluntary measures, where possible, and to utilize adversarial judicial proceedings only in extreme cases of a wilful noncompliance. From the comments of the Board at the work session, and by the adoption of this ordinance reducing notice and compliance time periods, staffunderstands the Board direction for a more aggressive enforcement posture by County staff. FISCAL IMPACTS: Reducing the time periods required for notice to property owners to abate nuisances, coupled with more vigorous and aggressive enforcement activities by County staff, will require additional staffand resources to be effective. Additional stall~and resources will require additional funding. The size and scope of such additional funding are dependent upon the degree ofenhanced enforcement activities directed by the Board. STAFF RECOMMENDATION: This ordinance was requested by the Board of Supervisors. It is recommended that the Board consider the adoption of this ordinance at first reading on August 28, 2001. Second reading of this ordinance was scheduled for consideration on September 11, 2001; however, due to the recent tragic events, it has been delayed until September 25, 2001. Respectfully submitted, ~~`~\ Paul M. Mahoney County Attorney Action Vote Approved Denied Received Referred to Motion by G:\ATTORNEY\PMM\AGENDA\nuisancetimeperiod 1 odaysord.rpt.f'rm No Yes Abs 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, SEPTEMBER 25, 2001 ORDINANCE AMENDING NOTICE REQUIREMENTS OF ENFORCEMENT PROCEDURES FOR SECTION 12-125. "REMOVAL OF INOPERATIVE MOTOR VEHICLES, ETC.," AND SECTION 13-14. "UNLAWFUL ACCUMULATIONS OF TRASH AND GROWTH OF WEEDS; PUBLIC NUISANCES AND ABATEMENT THEREOF" BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That Section 12-125. "Removal of inoperative motor vehicles, etc." of Chapter 12. "Motor Vehicles and Traffic" be amended to read and provide as follows: ~~~~ Sec. 12-125. Removal of inoperative motor vehicles, etc. (a) The owner of~the property on which there is an inoperative motor vehicle, trailer, or semitrailer that is not fully enclosed or completely shielded shall remove the vehicle or comply with the screening or enclosure requirement of this article within fi:fteen~-`'~ te~~ ; i ~~ days after being notified by the zoning administrator. (b) Whenever the property owner fails to comply with this article within the fif't.r) te~:~ (o) -day period of this notice, the chief of police or zoning administrator may remove the inoperative motor vehicle, trailer or semitrailer from the property to the impound lot of the authorized towing service. (c) Whenever the chiefofpolice or zoning administrator removes an inoperative motor vehicle, trailer, or semitrailer from a property, such vehicle may be disposed of after giving an additional fifteen (15) days notice to the last known owner of the vehicle. ~~~~ 2. That Section 13-14. "Unlawful accumulations oftrash and growth ofweeds; public nuisances and abatement thereof' ofChapter 13. "Offenses-Miscellaneous" be amended to read and provide as follows: Sec. 13-14. Unlawful accumulations of trash and growth ofweeds; public nuisances and abatement thereof. ~~~~ 1 k'~ (d) In addition to any applicable criminal sanctions provided in this code, whenever the enforcement agent determines that a public nuisance exists upon any parcel, he shall notify the record owner of such parcel of such fact by certified mail at the owner's last know address, as shown by any source available to the agent, and such notice shall constitute, for purposes of this section, due legal notice as made and provided by law. The notice herein required shall direct that the public nuisance be abated within tef~ (t~? days following the mailing. In case the owner's address is unknown or cannot be found, the enforcement agent shall post the notice herein required at a conspicuous place on the parcel on which the public nuisance exists and the posting shall constitute, for purposes of this section, legal notices as made and provided by law. ~~~~ (h) No more frequently than twice a year, the enforcement agent shall hold hearings at the Roanoke County Administration Center for the purpose of hearing objections to and comments upon reports and proposed assessments under this section, of correcting any mistakes or inaccuracies in the reports and of confirming the same. (i) Not less than fourteen (14) days prior to a hearing provided for in subsection (h) above, such reports and assessment lists shall be posted at the front door of the County Administration Center with a notice of the time and place the enforcement agent will conduct the hearing on the reports and assessment lists, and the enforcement agent shall send by certified mail to each owner, at his address as determined from county records, a notice of the time, place and subject matter ofthe hearing. The notice shall advise the owner of his right to object to, be heard upon, and to contest the confirmation of the report and assessment. The notice shall further provide that, upon the confirmation by the enforcement agent of the reports of abatement costs and service charges the same shall constitute special assessments against the owner and the parcel, a personal obligation of the owner and a lien upon the owner's parcel from the date and time of the recordation of a notice of lien, and bear interest at the rate of ten (lo) percent. There shall be included with the notice a statement to the owner of the abatement cost, service charge and accrued interest. (j) At the hearing provided for in subsection (h) above, the enforcement agent shall hear any objections which may be raised by any owner liable to be assessed and may confirm, modify or reject the reports and assessment lists as he may deem appropriate and send those 2 ~• ~.. confirmed to the director of finance and the treasurer for collection of the respective special assessment. (k) With respect to all such accounts remaining unpaid fourteen (14) days after the confirmation of the reports and assessment lists, the enforcement agent shall cause a notice of the lien of the special assessment prepared by the county attorney to be recorded in the clerk's office of the circuit court of the county. The county attorney may take appropriate steps, including a personal or in rem suit or action, in the appropriate court to enforce the lien to satisfy the special assessment. ~~~~ 4. That this ordinance shall be in full force and effect from and after its passage. G: \ATTORNEY\PMM\AGENDA\nuisance.ord.wpd f ACTION NUMBER ITEM NUMBER ~--~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 25, 2001 SUBJECT: Appointments to Committees, Commissions and Boards COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: BUILDING CODE BOARD OF ADJUSTMENTS AND APPEALS (FIRE CODE BOARD OF APPEALS The four year term of David M. Shelton, Jr., Alternate, Fire Code Board of Appeals will expire September 23, 2001. The four year term of J. A. Kendricks, Jr., Alternate, Fire Code Board of Appeals will expire October 28, 2001 2. GRIEVANCE PANEL The three year term of Raymond C. Denny, Alternate will expire October 10, 2001. 3. INDUSTRIAL DEVELOPMENT AUTHORITY (not appointed by District The unexpired four year term of Ronald M. Martin, Windsor Hills Magisterial District, who passed away recently. The term will expire September 26, 2002. 4. LEAGUE OF OLDER AMERICANS ADVISORY COUNCIL The one year term of Steven L. Harrah expired on March 31, 2001. 5. ROANOKE COUNTY SCHOOLS BLUE RIBBON COMMITTEE The Blue Ribbon Committee is being reconvened for the purpose of reviewing the Capital Improvement suggestions recently made by the School Facilities Study Team from the Virginia Department of Education. A representative from the Hollins Magisterial District needs to be appointed to this Committee to replace AI Hardy. .~/-~ 6. 7. 8. SOCIAL SERVICES ADVISORY BOARD The four-year term of Betty Lucas, Cave Spring Magisterial District, will expire August 1, 2001. Ms. Lucas has served two consecutive terms and is NOT eligible for reappointment. Mary Jane Pattisall has been contacted at Chairman Minnix' request, and she is willing to serve as the Cave Spring Magisterial representative. Her appointment is on the Consent agenda and her term will expire August 1. 2005. ROANOKE VALLEY METROPOLITAN PLANNING ORGANIZATION COMMUNITY ADVISORY COMMITTEE Two citizens have been appointed from Roanoke County and one additional citizen needs to be appointed. SOUTHWEST DEVELOPMENT FINANCING, INC. Pete Haislip, Director of Parks, Recreation and Tourism, has resigned from this committee which was established by Congressman Rick Boucher to make available low-interest loans for local tourism development purposes. A staff person has traditionally served on this committee, and Mr. Haislip recommends the appointment of Wendy Schultz to complete the unexpired term. The term expires January 12, 2002. SUBMITTED BY: .~.~ Mary H. Allen, CMC Clerk to the Board ACTION Approved ( ) Denied ( ) Received ( ) Referred ( ) To ( ) Motion by: APPROVED BY: ~~~- Elmer C. Hodge County Administrator VOTE No. Yes Abs Church Johnson McNamara- Minnix _ _ _ Nickens .J ~ _ t AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 25, 2001 RESOLUTION 092501- 6 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM -CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. that the certain section of the agenda of the Board of Supervisors for September 25, 2001, 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 12, inclusive, as follows: 1. Request from Schools to accept and appropriate $3,271.95 Department of Education Grant for teacher certification training. 2. Confirmation of committee appointments to the Metropolitan Planning Organization Community Advisory Committee and the Social Services Advisory Board. 3. Request for acceptance and appropriation of Blue Ridge Behavioral Healthcare Purchase Contracts. 4. Request from National Association of Counties (NACO) for adoption of resolutions concerning the September 11, 2001 terrorists attacks. a. Resolution condemning terrorism and supporting the President of the United States in his efforts to defend the Country against terrorism. b. Resolution encouraging citizens to be vigilant and not vigilantes. 5. Acceptance of donation of two variable width water and sanitary sewer easements from Springwood Associates LLC for Springwood Parkin the Cave Spring Magisterial District. 6. Request to accept and appropriate monies from Virginia Juvenile Community Crime Control Act (VJCCCA) for fiscal year 2001-2002. 7. Request from Schools to appropriate $500 from the Roanoke County Education Foundation for Substance Abuse Program team training. 8. Request from Schools to appropriate $11,310 grant from the Governor's Office for Substance Abuse Prevention to complete a Comprehensive Youth Violence and Substance Abuse Prevention Community Needs Assessment and Action Plan for Roanoke County. 9. Acceptance of Glen Rock Lane and the remaining portion of Cedarmeade Drive into the Virginia Department of Transportation Secondary System. 10. Acceptance of a donation of a variable width sanitary sewer easement from Joe R. Blackstock and a sanitary sewer easement and 10 foot drainage easement from Ravi M. Anantaraman and Hutoxi Hathi, located in the Cave Spring Magisterial District. 11. Acceptance and appropriation of Section 18 grant funds on behalf of Unified Human Services Transportation System. 12. Acceptance and appropriation of the Juvenile Accountability Incentive Block Grant. 2. That the Clerk to the Board is hereby authorized and directed where required by law to set forth upon any of said items the separate vote tabulation for any such item pursuant to this resolution. On motion of Supervisor Nickens to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS: None A COPY TESTE: < <~c_~.c_,~ Mary H. Allen, CMC Clerk to the Board of Supervisors CC: File Dr. Linda Weber, School Superintendent Debbie Pitts, Assistant Director of Recreation Roger Johnson, Roanoke County Schools Vickie Huffman, County Attorney's Office John Chambliss, Assistant County Administrator JoAnn Burkholder, Roanoke County Schools Arnold Covey, Community Development Director Gary Robertson, Utility Director Danial Morris, Finance Director AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 25, 2001 RESOLUTION APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM -CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. that the certain section of the agenda of the Board of Supervisors for September 25, 2001, 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 12, inclusive, as follows: Request from Schools to accept and appropriate $3,271.95 Department of Education Grant for teacher certification training. 2. Confirmation of committee appointments to the Metropolitan Planning Organization Community Advisory Committee and the Social Services Advisory Board. 3. Request for acceptance and appropriation of Blue Ridge Behavioral Healthcare Purchase Contracts. 4. Request from National Association of Counties (NACO) for adoption of resolutions concerning the September 11, 2001 terrorists attacks. a. Resolution condemning terrorism and supporting the President of the United States in his efforts to defend the Country against terrorism. b. Resolution encouraging citizens to be vigilant and not vigilantes. 5. Acceptance of donation of two variable width water and sanitary sewer easements from Springwood Associates LLC for Springwood Park in the Cave Spring Magisterial District. 6. Request to accept and appropriate monies from Virginia Juvenile ~~ _ ~ Community Crime Control Act (VJCCCA) for fiscal year 2001-2002. 7. Request from Schools to appropriate $500 from the Roanoke County Education Foundation for Substance Abuse Program team training. 8. Request from Schools to appropriate $11,310 grant from the Governor's Office for Substance Abuse Prevention to complete a Comprehensive Youth Violence and Substance Abuse Prevention Community Needs Assessment and Action Plan for Roanoke County. 9. Acceptance of Glen Rock Lane and the remaining portion of Cedarmeade Drive into the Virginia Department of Transportation Secondary System. 10. Acceptance of a donation of a variable width sanitary sewer easement from Joe R. Blackstock and a sanitary sewer easement and 10 foot drainage easement from Ravi M. Anantaraman and Hutoxi Hathi, located in the Cave Spring Magisterial District. 11. Acceptance and appropriation of Section 18 grant funds on behalf of Unified Human Services Transportation System. 12. Acceptance and appropriation of the Juvenile Accountability Incentive Block Grant. 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. ACTION NO. A-092501-6.a ITEM NO. S MEETING DATE: September 25, 2001 AGENDA ITEM: Request to Appropriate Department of Education Grant COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The Virginia Department of Education provides 50-50 matching grant funds to local school divisions to pay for Career and Technical teachers to prepare for and take industry certification exams. The funds are based on the amount that Career and Technical supervisory staff project that such training and testing would cost. A total of $3,271.95 will be provided for industry based certification training for teachers in the Microsoft Office User Specialist program and in Oracle, an industry based certification program which the school system will be adding to its curriculum next year. FISCAL IMPACT: The local matching funds are in the current budget. STAFF RECOMMENDATION: Staff recommends appropriating $3,271.95 for teacher certification training as stated. ;7 Signature: ~ ~t C11 ~~~~--- Roger W. Joh on ~ Career, Technical, and Adult Education Administrator ~~~ Elmer C. Ho ge County Administrator ------------------------------------------------------------------------------------------------------------- ACTION VOTE No Yes Abs Approved (X) Motion by: Supervisor Nickens to approve Church _ X _ Denied () Staff recommendation Johnson _ X _ Received () McNamara_ X _ Referred () Minnix _ X _ To () Nickens X CC: File Linda Weber, School Superintendent Diane Hyatt, Chief Financial Officer Brenda Chastain, Clerk, School Board Roger Johnson, Career, Technical and Adult Education ACTION NO. A-092501-6.b ITEM NUMBER "" AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 25, 2001 AGENDA ITEM: Confirmation of Committee Appointments to the Metropolitan Planning Organization Community AdvisoryGommittee and the Social Services Advisory Board COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION Metropolitan Planninc,~Organization Community Advisory Committee Supervisor McNamara has nominated Lee B. Eddy, and Chairman Minnix nominated Hector Wiltshire on behalf of Supervisor Nickens. There are no specific terms for this committee. Social Services Advisory Board Supervisor Minnix has nominated Mary Jane Pattisall, Cave Spring Magisterial District, to a four-year term which will expire August 1, 2005. STAFF RECOMMENDATION: It is recommended that the above appointments be confirmed. Submitted by: Approved by, ~. Mary H. Allen CMC Elmer C. Hodge ACTION VOTE No Yes Abs Approved (X) Motion by: Supervisor Nickens Church _ X _ Denied () tp approve staff recommendation Johnson _ X _ Received () McNamara_ X _ Referred () Minnix _ X _ To () Nickens X CC: File Metropolitan Planning Organization Community Advisory Committee Dr. Betty McCrary, Social Services ACTION NO. A-092501-6.c ITEM NUMBER 'r AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 25, 2001 AGENDA ITEM: Request for acceptance and appropriation of Blue Ridge Behavioral Healthcare purchase of service contracts. COUNTY ADMINISTRATOR'S COMMENTS: BACKGROUND: Blue Ridge Behavioral Healthcare has maintained a purchase of service agreement with Therapeutic Recreation Services of Roanoke County Parks, Recreation, and Tourism since July 1977. This agreement provides partial funding for the licensed therapeutic summer day camp program for children with developmental disabilities. It also provides funding for part time support staff and equipment to provide recreation and leisure programs for adults who have developmental disabilities and adults who have psychiatric disabilities. SUMMARY OF INFORMATION: The total amount received from BRBH yearly is $33,675 with a matching County amount of $29,315. The County match is already included in the department's operating budget. This is an annually re-occurring contractual agreement for the purchase of our services. FISCAL IMPACT: none STAFF RECOMMENDATION: Staff request Board acceptance and appropriation of $33,675 for the Blue Ridge Behavioral Healthcare purchase of service agreements Respectfully submitted, Deborah H. Pitts Assistant Director of Recreation ----------------------------------------------------------------------------------------------------------------- ACTION Approved (X) Denied ( ) Received ( ) Referred ( ) To ( ) Motion by: Supervisor Nickens to approve staff recommendation. Approved by, Elmer C. Hodge (`,n11ntV Aljminictr~tnr VOTE No Yes Abs Church _ X _ Johnson _ X McNamara- X Minnix _ X _ Nickens X CC: File Debbie Pitts, Parks, Recreation and Tourism • ~.. O O O U ~ ~ ~ v~ '~~ ~ .~ O U ~ ~ ,~ b U ~ y ~ ~ O p, ~ N U D N v ~ ~ o (x ~'b N . ~ .~' ~ ~' ~~3w a ~ ~ -d ,~ o . ,.., H U .~ ~ '~ ~~O N ~ O ~. ~ =3 a~ ~ .-. •~ ~ ~' ~" ~ ~ ~ ~ ~ ~ O ~ ~ o ~ bq ~ Q. Q+ O ~ ~ ~ `n ~" O w cn ~~ a ~ •~ ~ .~ O " U ~'. 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O .~ .~ 0 0 .~ O .~ ~. x .~ N H .--~ Li O O O M b4 ,~ 0 U AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 25, 2001, RESOLUTION 092501-6.d CONDEMNING TERRORISM AND SUPPORTING THE PRESIDENT OF THE UNITED STATES IN HIS EFFORTS TO DEFEND THE COUNTRY AGAINST TERRORISM WHEREAS, on September 11, 2001, the United States of America was suddenly and brutally attacked by foreign terrorists, and WHEREAS, these terrorists hijacked and destroyed four civilian aircraft, crashing two of them into the towers of the World Trade Center in New York City, a third into the Pentagon outside Washington, DC, and the fourth in Southwest Pennsylvania; and WHEREAS, thousands of innocent Americans were killed and injured as a result of these attacks, including the passengers and crew of the four aircraft, workers in the World Trade Center and in the Pentagon, rescue workers, and bystanders, and WHEREAS, these cowardly acts were by far the deadliest terrorist attacks ever launched against the United States, and, by targeting symbols of American strength and success, clearly were intended to intimidate our nation and weaken its resolve, and WHEREAS, these horrific events have affected all Americans. It is important that we carry on with the regular activities of our lives. Terrorism cannot be allowed to break the spirit of the American people, and the best way to show these cowards that they have truly failed is for the people of the United States and their counties to stand tall and proud. NOW THEREFORE BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia as follows: (1) That the Board of Supervisors condemns the cowardly and deadly actions of these terrorists, and 1 ~^ N (2) That the Board of Supervisors supports the President of the United States, as he works with his national security team to defend against additional attacks, and find the perpetrators to bring them to justice, and (3) That the Board of Supervisors recommends its citizens to support relief efforts by giving blood at the nearest available blood donation center now and in the future; and (4) That the Board of Supervisors extends its deepest sympathy to all of the victims of this tragedy, their families and friends and to all the citizens of the United States. On motion of Supervisor Nickens to adopt the resolution, and carried by the following recorded vote: AYES:Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS:None A COPY TESTE: ~• Mary H. Allen, CMC Clerk to the Board of Supervisors CC: File National Association of Counties 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 25, 2001, RESOLUTION CONDEMNING TERRORISM AND SUPPORTING THE PRESIDENT OF THE UNITED STATES IN HIS EFFORTS TO DEFEND THE COUNTRY AGAINST TERRORISM WHEREAS, on September 11, 2001, the United States of America was suddenly and brutally attacked by foreign terrorists, and WHEREAS, these terrorists hijacked and destroyed four civilian aircraft, crashing two of them into the towers of the World Trade Center in New York City, a third into the Pentagon outside Washington, DC, and the fourth in Southwest Pennsylvania; and WHEREAS, thousands of innocent Americans were killed and injured as a result of these attacks, including the passengers and crew of the four aircraft, workers in the World Trade Center and in the Pentagon, rescue workers, and bystanders, and WHEREAS, these cowardly acts were by far the deadliest terrorist attacks ever launched against the United States, and, by targeting symbols of American strength and success, clearly were intended to intimidate our nation and weaken its resolve, and WHEREAS, these horrific events have affected all Americans. It is important that we carry on with the regular activities of our lives. Terrorism cannot be allowed to break the spirit of the American people, and the best way to show these cowards that they have truly failed is for the people of the United States and their counties to stand tall and proud. NOW THEREFORE BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia as follows: (1) That the Board of Supervisors condemns the cowardly and deadly actions of these terrorists, and 1 ~lc~,. (2) That the Board of Supervisors supports the President of the United States, as he works with his national security team to defend against additional attacks, and find the perpetrators to bring them to justice, and (3) That the Board of Supervisors recommends its citizens to support relief efforts by giving blood at the nearest available blood donation center now and in the future; and (4) That the Board of Supervisors extends its deepest sympathy to all of the victims of this tragedy, their families and friends and to all the citizens of the United States. 2 ~.~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 25, 2001, RESOLUTION 092501-6.e ENCOURAGING CITIZENS TO BE VIGILANT AND NOT VIGILANTES WHEREAS, America continues to mourn the incomprehensible loss that the nation suffered on September 11, 2001, but we must be sure not to let our anger, fear and sorrow surface as violence; and WHEREAS, America as a nation must strive to provide a safe and welcoming environment for all of its citizen, including the millions of Arab and Muslim Americans who are part of America's national community; and WHEREAS, citizens must show patriotism and compassion by accepting all fellow Americans, and as a nation stand together, united against terrorism; and WHEREAS, counties, keeping with the long held tradition of caring for America, must continue to pray for the victims, provide aid and compassion to the survivors, the families of the victims, the brave relief workers, their families and all who have been touched by this tragedy, while always remaining cognizant of the terrible toll terrorism has taken on our society; and NOW THEREFORE BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia as follows: (1) That the Board of Supervisors ardently condemns cowardly and pointless acts of hate crimes, and; (2) That the Board of Supervisors encourages citizens to be vigilant in their efforts to help and heal, but not vigilantes; and 1 (3) That the Board of Supervisors condemns all acts of lawlessness and supports the President of the United States, as he works with his national security team to defend the United States of America against terrorism and that while. On motion of Supervisor Nickens to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS: None A COPY TESTE: Mary H. Allen, CMC Clerk to the Board of Supervisors CC: File National Association of Counties 2 ACTION NO. A-092501-6.f ITEM NO. V AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 25, 2001 AGENDA ITEM: ACCEPTANCE OF DONATION OF TWO VARIABLE WIDTH WATER AND SANITARY SEWER EASEMENTS FROM SPRINGWOOD ASSOCIATES, LLC (TAX MAP NOS. 77.13-5-43.2 & 77.13-5-48) FOR SPRINGWOOD PARK IN THE CAVE SPRING MAGISTERIAL DISTRICT COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: This consent agenda item involves the acceptance of the following easements for water and sanitary sewer purposes in connection with the Springwood Park development on Va. Secondary Route 419 (Electric Road) in the Cave Spring Magisterial District conveyed to the Board of Supervisors of Roanoke County, Virginia: a) Donation of two water and sanitary sewer easements, of variable width, from Springwood Associates, LLC (Plat Book 23, page 179; Tax Map Nos. 77.13- 5-43.2 & 77.13-5-48), as shown on a plat prepared by Lumsden Associates, P.C., Engineers-Surveyors-Planners, dated March 19, 2001, a copy of which is attached hereto as Exhibit A. The location and dimensions of these easements have been reviewed and approved by the County's engineering and utility staff. STAFF RECOMMENDATION: Staff recommends acceptance of the donation of these easements. ~j-5 Respectfully submitted, Vi kie L. Huffman Sr. Assistant County Attorney ACTION VOTE No Yes Abs Approved (X) Motion by: Supervisor Nickens Church _ X _ Denied () to approve staff recommendation. Johnson _ X Received () McNamara- X Referred () Minnix _ X To () Nickens _ X _ CC: File Vickie Huffman, County Attorney's Office Gary Robertson, Utility Director Arnold Covey, Community Development Director William Driver, Real Estate Valuation Director ~-- hWQ~ I m ~ m0. ~ V ~ I ~~ ^~~rn Q m 2 ~ ~.~~ _. ~ W W ~bNb^^^~h ~~~~'V~ f q'~'M~ u u W~~WW Vv Cj~~M ~h ~~ ~tio~~~ ~ Wb4a+OV~ z~ tqt~~~ti2Z2 M ~ ~~~ 2~1~Z'ti~ cv ~y~ om~m M ~ ~ ~~ ~ ^ ~ w ~? ~ zZ ~ ~~~ ~~ ~ y W=~ Q\~ ~~ Qfi1 cW,~ ~~~ 1 y3 W~ p m 0 o u Z g O a U C ~~~ ~~a ~ n Z W d7 ~Z2IIA ~ ,` ~ e- 1~ W '~ $ o O @J H v ~O ~ a ~ Fx Q O W 1- ~~ ~_ y~ w ~~~~ ~M 90 ~ ~ ~ ~" ~~~ W ~ Z o ~ L~i2~ ~~~ 4 N ~ ~~ N+ a ~~~ ~W~ mO~ 1 ~ m W ~ z ~~~,~ ee~ 80~ $~O J ^VN~ ~W~~e~ti a'n: cG b ~a ~~~.~~~~ ~ ~ L.,11 Q ~ ~ .-. ~ ~N ~~^ti~ ~ic~~ ~06 ~~ ry~~+ i^ q~ ~~~a~ w~_ ~ ~ 0 ~° ~~~W~~~~~ Qwx ~ ~~ ~, ~ o °~ ~`~WWQVQioao ~.]wx imp ~~~~~~q~V ~~al ~ ~ C~ K ~ 2 Q~ ~W - \ v ~ ~ m ~ J~~ V ~ e~ ~V ~ N~ j \ ~,~~ U hQ~ RQN ~ m o U O ' O ~ w' (.~ p ip ~p N Exhibit A ~7"- ~1i~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 25, 2001, RESOLUTION ENCOURAGING CITIZENS TO BE VIGILANT AND NOT VIGILANTES WHEREAS, America continues to mourn the incomprehensible loss that the nation suffered on September 11, 2001, but we must be sure not to let our anger, fear and sorrow surface as violence; and WHEREAS, America as a nation must strive to provide a safe and welcoming environment for all of its citizen, including the millions of Arab and Muslim Americans who are part of America's national community; and WHEREAS, citizens must show patriotism and compassion by accepting all fellow Americans, and as a nation stand together, united against terrorism; and WHEREAS, counties, keeping with the long held tradition of caring for America, must continue to pray for the victims, provide aid and compassion to the survivors, the families of the victims, the brave relief workers, their families and all who have been touched by this tragedy, while always remaining cognizant of the terrible toll terrorism has taken on our society; and NOW THEREFORE BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia as follows: (1) That the Board of Supervisors ardently condemns cowardly and pointless acts of hate crimes, and; (2) That the Board of Supervisors encourages citizens to be vigilant in their efforts to help and heal, but not vigilantes; and 1 .,, ~ ~~ (3) That the Board of Supervisors condemns all acts of lawlessness and supports the President of the United States, as he works with his national security team to defend the United States of America against terrorism and that while. 2 .~ .• ACTION NO A-092501-6 a ITEM NUMBER AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 25, 2001 AGENDA ITEM: Request to Accept Monies From the Virginia Juvenile Community Crime Control Act and to Appropriate These Funds for the Fiscal Year 2001 - 02 COUNTY ADMINISTRATOR'S COMMENTS: BACKGROUND: In 1995, the Virginia General Assembly discontinued many block grant programs which funded juvenile facilities and established the Virginia Juvenile Community Crime Control Act (VJCCCA) to fund programs and purchase needed for services for juveniles before the J & D Court. Each year, the Director of the Court Service Unit and the Judges of the Juvenile and Domestic Relations Court assist in preparing a program plan to use these monies which must then be approved by a multi-disciplinary team (our Community Policy and Management Team (CPMT)). The plan for FY 2001 - 02 reflects $511,617 and requires a local match of $24,644 (which is included in the Court Services Unit budget) . The allocation provided by the state is based on juvenile crime statistics statewide and is allocated by their formula. Attachment A reflects the recommended use as approved by the requisite bodies. Attachment B reflects the budget of the Day Reporting Program, which derives much of its funding through placements of Court related juveniles. For Roanoke County juveniles, their per diem cost are covered through the grant allocation. For all others, the placing locality pays the per diem rate. FISCAL IMPACT: The VJCCCA allocation of $511,617 needs to be accepted and appropriated; the transfer of $24,644 from the Court Service Unit Budget needs to be appropriated; and the budget for the Day Reporting Program of $261,218 needs to be approved. All of these transactions are for FY 2001-02. S-6 RECOMMENDATIONS: Staff recommend acceptance and appropriation of the VJCCCA funding of $511,617; appropriation of the transfer of $24,644 from the Court Service Unit budget as the required match; and approval of the $261,218 budget of the Day Reporting Program. Respectfu;,l~ly~ submitted, John M. Chamb iss, Jr. Assistant Administrator Appro~bY, Elmer C. Hodge County Administrator -------------------------------------------------------------------------------------------------------- ACTION No Approved (X) Motion by: Supervisor Nickens Church Denied () to approve staff recommendation Johnson Received () McNamara- Referred () Minnix _ To () Nickens CC: File Judge Phil Trompeter, J&D Court Lisa Ward, Finance Diane Brogan, Court Service Unit Brent Robertson, Budget Director Department of Juvenile Justice Sandy Worley, Day Reporting Program Debbie Harris, Finance John Chambliss, Assistant County Administrator VOTE Yes Abs X _ X X ~_ X _ X S-6 Q r C d V C4 ~+ Q 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 I~ ~ r M CO CO O O O O N CO O r- ~ O O to ~ O O M O ~- O O O ~ CO N M~ d' O O N O O M O N O ~ Cp M M O (O ~ O I~ to N N M M ~ ~- N N CO H M O CO M ~- ~ ~ r N ~ O O O O O O L U ~ ~ ~ gy ~ N ( p CO ~' ~' ~ ~ N N N U O J O 0 0 0 0 0 0 0 0 0 0 O ~ O 0 0 0 0 0 0 0 0 0 0 O }r N f~ M O CO O O (70 O N N O I~ ~ '~ ~- O Ln Lf7 O O M O ~ L[) O ~ Q O O M ~' ~ O O N O O N O (O ~ r O CO (O ~ O I~ N O M ~ ~, ~ M ~ ~ N N O r M f~ r ~ ~ O O ~ r L ~ _ ~ U as E ~L U . _ ~ ~ E m ~ ~ ~~ ~. o '~ U N O ~ ~ ~ , U ~ ~~ ~ N cn cn ~ c ~ r ~ cv ~ ~ Z ~ N ~ ~ ~ = p i w ~ ~ ~ :~ a ~ a~ °' ~ G1 ' N o c v o V Q O ,U °- ' i o ai ~~ c a a Z ~ ~ LL ~ ~ ~ ~ O O c 'U N O V~ N (A ~ N ~ ~ a ~ c ~ ~ N ~ ~ ~ C~~ ~j G) o > a.~'c ~~ OHO o O C . d cu Q U ~ W d O c 0 .... N~ O Q N ~, C N N C) O O p '~ ~ ~ ~ ~ ~ ~ m O U ~ ~ ~ ~ O ~ ~ ~ ~ >JF- W ~• O N L ~ 7~ ~ (0 7 ~U~U ~~Oao~ O F- m ++ C d t Q ° ° ° ° ° o o o o o N ~f N o0 CO ~ ~ N ~ ~- N CO M N N ~ ~ N CO CO ~ N N O O O O N ~ 00 00 ~ ~ r ~ N (O N N ~ N CO t0 ~ N N C 7 O U Y ~ ~ O a=' C ~~ ~' ~ O ~ ~ J ~ L Q' ~ L ~ C 0 ~ m U ~ o = c c V N N ( j a i ~ O ~ ~ ~ ~ ~. ' N ~ ~ ~ Q X ~ p ~ a ~ ~ iri w ~ N ~ w ~ N ~ ~ c c c ~ > ~ a rn 0 O LL ~ ~ ~ n. w a ACTION NO. A-092501-6.h ITEM NO. .. MEETING DATE: AGENDA ITEM: September 25, 2001 Request to Appropriate Funds from the Roanoke County Education Foundation COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Funding was received in the amount of $500 from the Roanoke County Education Foundation to assist in the expenditures for Substance Abuse Program core-team faculty training. The funds will assist in expenditures for contracting with a SAP Trainer/Consultant to provide core- team faculty training. The goals of the training are to: 1) increase core-team member's knowledge and skills or working with students at risk; 2) plan prevention activities; 3) implement acore-team evaluation process; and 4) increase effective practices that reduce barriers to learning in the areas of violence (bullying), alcohol and other drugs, and other social issues and behaviors that impede student success. FISCAL IMPACT: None, no local matching required. STAFF RECOMMENDATION Staff recommends appropriation of the $500 for SAP core- team training. Signature: JoAnn Burkh d r SAP Administrator ACTION Approved (X) Denied ( ) Received ( ) Referred ( ) To ( ) Elmer C. Hodge County Administrator Motion by: Supervisor Nickens to approve staff recommendation. CC: File Linda Weber, School Superintendent Diane Hyatt, Chief Financial Officer Brenda Chastain, Clerk, School Board Jo Ann Burkholder, County Schools Danial Morris, Finance Director VOTE No Yes Abs Church _ X Johnson _ X McNamara- X _ Minnix _ X _ Nickens X ACTION NO. A-092501-6.i ITEM NO. ~~-- MEETING DATE AGENDA ITEM September 25, 2001 Request to Appropriate Substance Abuse Prevention Grant COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The Governor's Office for Substance Abuse Prevention has awarded $11,310 to the Roanoke County Community/School Prevention council as a matching grant to complete a "Comprehensive Youth Violence and Substance Abuse Prevention Community Needs Assessment and Action Plan for Roanoke County." The funding will support the initiative to acquire a profile of the needs of Roanoke County youth, parents, services available, and gaps to be addressed. The project is a collaborative effort among Roanoke County Social Services, Court Services, Community Management and Planning Team, Family Assessment and Planning Team, Roanoke County Administration, School Health Advisory Board, Safety and Security Committee, and the Community/School Prevention Council. FISCAL IMPACT: The needed matching funds are in-kind service contributions from several agencies in Roanoke County and the above-mentioned groups. Roanoke County Public Schools is acting as fiscal manager of the project. STAFF RECOMMENDATION: Staff recommends appropriation of the $11,310 to the School Grant Fund to be utilized as stated. ~ ~~ Signature: ~ ~ '~ ,~~t, ,~ JoAnn Burkh' d SAP Administrator c~'~~ ~~~ Elmer C. Hodge County Administrator ------------------------------------------------------------- ACTION Approved (X) Denied ( ) Received ( ) Referred ( ) To ( ) Motion by: Supervisor Nickens to approve staff recommendation. CC: File Linda Weber, School Superintendent Diane Hyatt, Chief Financial Officer Brenda Chastain, Clerk, School Board Jo Ann Burkholder, County Schools Danial Morris, Finance Director VOTE No Yes Abs Church _ X _ Johnson _ X McNamara- X _ Minnix _ X _ Nickens X r Brenda Chastain, Clerk, School Board JoAnn Burkholder, SAP Administrator s-s~ '~ t N O C®1~MON~V~ALTI~ ®f VIRC~INI~. Office o f the Governor r ashes S. Gilmore, III Governor Dr. Dr. Linda Weber Roanoke Co. Public Schools 5937 Cover Rd. NW Roanoke, VA 24019 Dear Dr. Weber June 13, 2001 s-~ I am pleased to inform you that Governor Gilmore has awarded your Safe and Drug Free Schools and Communities application entitled Comphrensive Youth Violence and Substance Abuse Prevention Community Needs Assessment and Action Plan for Roanoke County in the amount of $11,310.00. Your Governor's grant account number is 86871-06-01. Expenditures must be in accordance with the Drug Free Schools and Communities Act of 1994 (SDFSCA) guidelines. If there are any questions regarding the appropriateness of expenditures please call to confirm that these expenses are allowed for reimbursement. If you have, at any point during the year, the need to make changes to your approved budget or program; you musi have prior approval in writing from this office. This grant provides for reimbursement payment to you only after costs are incurred. You may begin incurring expenses toward these funds as of July 1, 2001. The termination date of this grant is June 30, 2002. There will be no extensions of this termination date. All expenditures must be incurred prior to the termination date. Reimbursements will be done quarterly, and must be received prior to the quarterly date in order to be processed. Forms received after the quarterly date will be processed on the next date. Quarterly dates are September 30, 2001, December 31, 2001, March 29, 2002, and July 30, 2002. Reimbursement forms are enclosed, and are also available online at htt •/•/%~n/~~~\n!.~o~,S~,~tat ..va. 14 under the CURRENT GRANTEES link, and must B r FAR Y IDENTIFIED WITH YD IR RANT A ..O 1NT NUMBER. Any funds remaining at the end of the grant period will be retained by the Governor for State Capitol Richmond, Virginia 13119 (804) 786.2211 TDD (804) 371-8015 ~~ THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, IN REGULAR MEETING ON THE 25TH DAY OF SEPTEMBER 2001, ADOPTED THE FOLLOWING: RESOLUTION 092501-6.i REQUESTING ACCEPTANCE OF GLEN ROCK LANE AND THE REMAINING PORTION OF CEDARMEADE DRIVE INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY SYSTEM WHEREAS, the streets described on the attached Additions Form SR-5(a), fully incorporated herein by reference, are shown on plats recorded in the Clerk's Office of the Circuit Court of Roanoke County, and WHEREAS, the Resident Engineerfor the Virginia Department of Transportation has advised this Board the streets meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation, and WHEREAS, the County and the Virginia Department of Transportation have entered into an agreement on March 9, 1999, for comprehensive stormwater detention which applies to this request for addition, NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia Department of Transportation to add the streets described on the attached Additions Form SR-5(A) to the secondary system of state highways, pursuant to §33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements, and BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted right- of-way, as described, and any necessary easements for cuts, fills and drainage, and BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. Recorded Vote Moved By: Supervisor Nickens Seconded By: None Required Yeas: Supervisors Johnson, McNamara, Church, Nickens, Minnix Nays: None Absent: None A Copy Teste: ~~_ ,~. Mary H. Allen, CMC Clerk to the Board of Supervisors cc: File Arnold Covey, Director, Community Development Director Virginia Department of Transportation "~ SITE ~ ___ ~~ o ~a a ~ EDIMGTON 4~~ Q-P OQ'' RD. 9~~ P~K~PY Pt72ER G ~~~`~ V~ MAYFIELD DR. ~~ 9a '~o \ ~ r ~ ~a ~rz~ ~ DELMAR LANI /.,~,~,z, a s~ ~ et oz / 00,7 •~ / (~ h tea'" o h no ,~,r , r ~, z~?. \ ~ ~ ~ ors w 1~ ~ sees5 ~c~l~~n/ '~,.~,~ oo~ l ~ l LI ~ \ eAZ9 °o ~ i 00 ~j~; , o~ c A St I'~ ~ x-r~oac~.rve ~ 30' f2 ~~~` Et ~ / UM Poly Ilif Y. O ~ O N ¢:. ~vy/ l' ~ A~W/~d d ~Y. ~ _ ~ niOlll ~(19 .91 D9t Vt ,w u6L 5 9 ~ `~ , =m, -~_-~ BT w. ,~ SECTION 2 ~~z~~ $~ ~( 3 SECTION 3 ~ 3~h~ .qc ~~ '~,/ s ~o.~ a~ ~ ., ~, \ i~ys. iC'of- - s lT l9SYl -ey_.A _ ~ ors ~ ~ z D 47 °r ~ ~' `~ ~~'~ _ 64`x' `~ ~ GLEN ROCK LANE mart a~ i ~~ ~ »~ _ `rte ~F' i ' ~ / ~''~~ a. tci ~'° - ~ A i~ rs Marv ~ 4/ "~ ~i ~~ ~~~ ~ ~ 1 ~ ~ / ~ ~,1 '~~ 8 J0°~, ~ ~s rrerr ~I yt ~s s~fbC ~ ~ n ~~ ' yTt a n~ I ~r ecru '~ h1 Ih ~ '.o Sty / ~ i° ~` F' a---~ a `- ~ ~~f 3 ,~ xo« `` ys t II~~ PROPOSED ADDITION SHOWN IN GRAY ~_ 1~~,~536 ~'C'~ ~o<.~~~ ~ s.-o~ .Q.~~ P ~ \~~]~~r ~ ~ T O .~ _~~ c,_~ 9~'Y P, ~a ~~-. M DESCRIPTION: 1. Glen Rock Lane -from the intersection of Cedarmeade Drive to its cul-de-sac. 2. Cedarmeade Drive -from the intersection of Delmar Lane to its cul-de-sac. LENGTH: 1. 0.04 MILES 2. 0.24 MILES RIGHT OF WAY: 1. 50 FEET 2. 50 FEET ROADWAY WIDTH: 1. 30 FEET 2. 30/36 FEET SERVICE: 1. 4 HOUSES 2. 10 HOUSES RDANQI~~+ Cl1 tIN~`Y ACCEPTANCE OF GLEN ROCK LANE AND THE REMAINING ~EPA_~3'~d'ENT ~F PORTION OF CEDARMEADE DRIVE INTO THE VIRGINIA CQ1kI11rfITNI2'Y DEVELOF1k~~'NT DEPARTMENT OF TRANSPORTATION SECONDARY SYSTEM. w„ .. .. " ~ I ~ 0 Ti ~I U C m W E Y L O U Z ~C Q y ' Q O ~ ~ 3 2 m _a O m N 0\ >. a c a 0 0 U d (!1 _ m ~ .~ E ~"' 2 M O C D ~ ~+ Z C m 0 ~ f4 N ~ ~ ~ ~ ~ Z Q a O ~ H a d ¢ ~ N W 0 ~ N Q L Q a 7 J t h W O H Q v L~ Y lf> O ~ ® ~ m O ~ s °~ L ~ Z ~ Q ° to f"' ~ o L ~ E ~ ~ ~ Q < Z N ~ N O 0 ~ Y, ~ IC ~ o :.. z E ~ O n G%-~ m ~ J C ~ ~ D7 o ~ O N N < U O O O a O r S z n 3 v d o 0 ~n u~ ~ n W I~ O ~ O ~ O H O o: o m m m m m a c W e c a o s a a a a W a Z a a _ ~ Q O/ Q J ~ W N ~ ~ N ~ ~ N ~ 0= Q V Q ~ tl D J U ~ C W W ~ ~ ~d ~ ~ 7 _ O O O O O ~ p ~ O ~ ~ r. Z z ++ O H U ~ O H ^ O~ U U7 U ~ < W I ~ W I ~ ~ V7 W r (1') N ~ t, y o: W o I ~ u'~ ~ W I ~ ~ ul ~ H J H o m o m m m m Z O Z ° D ~--~ U p° H ~° p O ~ ~ c w cn ~ w ~ ~ ~ ~ ~ m ~ ~ O H H ~ ~ ~ ~ ~ ~ ~ F S F Q F Q F 2 o ~ 2 o ~ S a F b CL o b c a b o a a 8 i o d ~ a ti c r a u p r n. ~ c r a ~t o r a x u. r a ~i r ~ r , ~ a 3 W ~ Z ~ t ~ ° w •c ` W o Y ~ L D y U Q ?~ ~ O W oF ~ ~ ~ p ~ a L W D ~ ~ w C7 U ~ ~ Z ~ N' A - f N m h d O Z a s r E z ~ w ~ ~ ~ t r ~ r ~- a O c ~ 4 U 2 n W ' U E 5 O g ..~. ACTION NO. ITEM NUMBER - ~' F AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 25, 2001 SUBJECT: Acceptance of Glen Rock Lane and the remaining portion of Cedarmeade Drive into the Virginia Department of Transportation Secondary System. COUNTY ADMINISTRATOR'S COMMENTS: Fralin & Waldron, Inc., the developer of Brookfield, Section 2 and Brookfield, Section 3, requests the Board of Supervisors approve a resolution to the Virginia Department of Transportation accepting 0.24 mile of Cedarmeade Drive, from the intersection of Delmar Lane to its cul-de-sac, and .04 mile of Glen Rock Lane, from the intersection of Cearmeade Drive to its cul-de-sac. The staff has inspected this road, along with representatives of the Virginia Department of Transportation, and finds the road is acceptable. No county funding is required. The staff recommends that the Board approve a resolution to VDOT requesting that they accept Glen Rock Lane and the remaining portion of Cedarmeade Drive into the Secondary Road System. i - . , ,,, BMITTED BY: APPROVED: ~- ~ /~,h,,,.,~~ Arnold Covey, Director Elmer C. Hodge Department of Comm nity Development County Administrator ACTION Approved () Motion by: Denied () Church Received () Johnson Referred McNamara to Minnix Nickens VOTE No Yes Abs 2 THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, IN REGULAR MEETING ON THE 25TH DAY OF SEPTEMBER 2001, ADOPTED THE FOLLOWING: RESOLUTION REQUESTING ACCEPTANCE OF GLEN ROCK LANE AND THE REMAINING PORTION OF CEDARMEADE DRIVE INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY SYSTEM WHEREAS, the streets described on the attached Additions Form SR-5(a), fully incorporated herein by reference, are shown on plats recorded in the Clerk's Office of the Circuit Court of Roanoke County, and WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised this Board the streets meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation, and WHEREAS, the County and the Virginia Department of Transportation have entered into an agreement on March 9, 1999, for comprehensive stormwater detention which applies to this request for addition, NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia Department of Transportation to add the streets described on the attached Additions Form SR-5(A) to the secondary system of state highways, pursuant to §33.1-229, Code of Virginia, and the Department's Subdivision Street Rye uirements. and BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted right- of-way, as described, and any necessary easements for cuts, fills and drainage, and BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. Recorded Vote Moved by: Seconded by: _ Yeas: Nays: A Copy Teste: Mary Allen, Clerk Roanoke County Board of Supervisors pc: Arnold Covey, Director, Department of Community Development Virginia Department of Transportation File ACTION NO. A-092501-6.k ~" _ 6 ITEM NO. ._,,,.,,~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE; September 25, 2001 AGENDA ITEM: ACCEPTANCE OF DONATION OF A VARIABLE WIDTH SANITARY SEWER EASEMENT FROM JOE R. BLACKSTOCK (TAX MAP NO. 97.01-3-30) AND A SANITARY SEWER EASEMENT AND 10' DRAINAGE EASEMENT FROM RAVI M. ANANTARAMAN AND HUTOXI HATHI (TAX MAP N0.97.01-1-5.2) LOCATED IN THE CAVE SPRING MAGISTERIAL DISTRICT COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: This consent agenda item involves the acceptance of the following easements for sanitary sewer and drainage purposes in connection with development of the Sun Tennis Center on Starkey Road in the Cave Spring Magisterial District conveyed to the Board of Supervisors of Roanoke County, Virginia: a) Donation of a sanitary sewer easement, of variable width, from Joe R. Blackstock (Deed Book 1531, page 1685; Tax Map No. 97.01-3-30), as shown on a plat prepared by Lumsden Associates, P. C., dated April 28, 2000, a copy of which is attached hereto as Exhibit A. b) Donation of a sanitary sewer easement, of variable width, and a drainage easement, ten feet (10') in width, from Ravi M. Anantaraman and Hutoxi Hathi (Deed Book 1621, page 1908; Tax Map No. 97.01-1-5.2), as shown on a plat prepared by Lumsden Associates, P.C., dated March 22, 2000, a copy of which is attached hereto as Exhibit B. The locations and dimensions of these easements have been reviewed and approved by the County's engineering and utility staff. ,~"- i o STAFF RECOMMENDATION: Staff recommends acceptance of the donations of these easements. Respectfully submitted, Vi kie . Huffm Sr. Assistant Cou Attorney ---------------------------------------------------------------------------- ACTION VOTE No Yes Abs Approved (X) Motion by: Supervisor Nickens Church _ X _ Denied () to approve staff recommendation Johnson _ X _ Received () McNamara_ X _ Referred () Minnix _ X _ To () Nickens X CC: File Vickie Huffman, County Attorney's Office Gary Robertson, Utility Director Arnold Covey, Community Development Director William Driver, Real Estate Valuation Director G:\ATTORNEY\VLFMGENDA\CONSEN'I~Sw~TemusC enter. SSE&Dmge.wpd .. 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A-092501-6.1 ITEM NUMBER ,~~, AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 25, 2001 AGENDA ITEM: Acceptance and Appropriation of Section 18 grant monies on behalf of Unified Human Services Transportation System COUNTY ADMINISTRATOR'S COMMENTS: BACKGROUND: For the past few years, Unified Human Transportation Services, Inc. who operate the CORTRAN program on behalf of Roanoke County has applied for and been awarded grants from the Virginia Department of Rail and Public Transportation. These grants help with capital costs and also provide some of the operating monies for the CORTRAN service for Roanoke County. The grant for FY 2001- 02 include the following items: CAPITAL One Van and Radio Equipment - State Amt. - $52,287 Local Amt. - 2,752 Total $55,039 OPERATING Operating monies for CORTRAN in the rural portion of the County State Amt. - $22,618 The local match for these grant programs will be provided by Unified Human Transportation Services, Inc. This is a pass-through grant where Roanoke County is the named agent on behalf of our CORTRAN program. FISCAL IMPACT: The County needs to accept and appropriate the above pass- through grant monies and forward them to Unified Human Transportation Services, Inc. They will be responsible for all administration efforts of this grant. The local match is provided by Unified Human Transportation Services, Inc. and no local monies are required. s-ii RECOMMENDATIONS: Accept and appropriate the two grants in the amounts of $55,039 for capital and $22,618 for operating monies from the Virginia Department of Rail and Public Transportation on behalf of Unified Human Transportation Services, Inc. No new local monies are required. Respectfully submitted, Approve by, John M. Chambli~ s, Jr. Elmer C. Hodge Assistant Administrator County Administrator ------------------------ ----------------------------------------------------------------------------------------------------------------- ACTION No Approved (X) Motion by: Supervisor Nickens Church _ Denied () to approve staff recommendation. Johnson _ Received () McNamara_ Referred () Minnix _ To () Nickens CC: File Karen McMillan, Finance Curtis Andrews, Unified Human Transportation Services, Inc. John Chambliss, Assistant County Administrator VOTE Yes Abs X _ X _ X _ X _ X ACTION NO. A-092501-6.m ITEM NUMBER AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 25,2001 AGENDA ITEM: Acceptance and Appropriation of the Juvenile Accountability Incentive Block Grant COUNTY ADMINISTRATOR' S COMMENTS : ~(~tiy"~""~l ~1,~ BACKGROUND: The Virginia Division of Criminal Justice Services serves as the pass-through agency for federal monies known as the Juvenile Accountability Incentive Block Grant (JAIBG) funds. This is an entitlement program for many jurisdictions including Roanoke County and seeks ways to monitor corrective actions of our youth, the level of services provided in the community, and means of applying sanctions for failure to conform to the rules. Roanoke County used our previous allocation with the City of Roanoke to provide a needs assessment and identify sanction opportunities. The Roanoke County portion of this grant is being administered through the school system and will further study the youth before our juvenile court system and look at preventative efforts that can be implemented in the school setting. The City of Roanoke (which has a similar grant) is serving as the fiscal agent for this grant and our share of the grant needs to be accepted and appropriated. Our share of the grant is $12,273 federal dollars with a required $1,364 local match. The school program will provide this match. The monies must be utilized by December 31, 2001. FISCAL IMPACT: The amount of the JAIBG funds are $12,273 federal and $1,364 local match. These monies need to be appropriated. The local match will be provided from existing school monies. f~ RECOMMENDATIONS: Staff recommends acceptance of these monies for FY 2001 - 02 and appropriation of the grant monies. Respectfully submitted, ohn M. Chambliss, Jr. Assistant Administrator ApprCiC.. d by, ~rxw Elmer C. Hodge County Administrator ACTION VOTE No Yes Abs Approved (X) Motion by: Supervisor Nickens Church _ X _ Denied () to approve staff recommendation Johnson _ X _ Received () McNamara- X Referred () Minnix _ X To () Nickens _ X _ CC: File John M. Chambliss, Jr., Assistant County Administrator Lisa Ward, Finance Glen Radcliffe, City of Roanoke Jo Ann Burkholder, County Schools 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 2001 - 2002 General Fund Revenues 6.25% of General Fund Revenues Respectfully Submitted, Danial Morris Director of Finance $126,027,248 $7,876,703 Appr ved By,~~. _ U Elmer C. Hodge County Administrator .~ CAPITAL FUND UNAPPROPRIATED BALANCE COUNTY OF ROANOKE, VIRGINIA Unaudited balance at June 30, 2001 6,2001 Lloyd Property Settlement Proceeds 14, 2001 Solid Waste Collection Canisters Sep 11, 2001 Mason Cove Fire/Rescue Station Septic System Transfer from 2000-2001 departmental savings Unaudited balance at Sept 25, 2001 Respectfully Submitted, Danial Morris Director of Finance Amount $656,424.43 (42,000.00 (40,000. $1,558,424.43 ~ Appro ed By, ~~~~ ~~ Elmer C. H dge County Administrator ~~ RESERVE FOR BOARD CONTINGENCY COUNTY OF ROANOKE, VIRGINIA Amount From 2001-2002 Original Budget $100,000.00 August 28, 2001 Citizen Satisfaction Survey (12,000 Balance at Sept 25, 2001 $88,000. Respectfully Submitted, Danial Morris Director of Finance Approved By, Elmer C. Hodge County Administrator '~ r." ..~ ~~ FUTURE SCHOOL CAPITAL RESERVE COUNTY OF ROANOKE, VIRGINIA Savings from 1996-1997 debt budget Transfer from County Capital Projects Fund FY1997-1998 Original budget appropriation 23, 1998 Savings from 1997-1998 debt fund FY1998-1999 Original budget appropriation FY1999-2000 Original budget appropriation Less increase in debt service ovember 9, 1999 Savings from 1998-1999 debt fund FY2000-2001 Original budget appropriation Less increase in debt service FY 2001-2002 Original budget appropriation Less increase in debt service Unaudited Balance at Sept 25, 2001 2,000,000 (1,219,855) $670,000.00 1,113,043.00 2,000,000.00 321,772.00 2,000,000.00 780,145.00 495,363.00 2,000,000 (1,804,427) 195,573.00 2,000,000 (465,400) 1,534,600.00 $9,110,496.00 FY2000-2001 Original budget appropriation 11, 2000 S W Co Regional Stormwater FY2001-2002 Original budget appropriation 1, 2001 School Budgeted Start-Up Costs HVHS/Glenvar Middle Unaudited Balance at Sept 25, 2001 $1,500,000.00 (290,000.00) 1,500,000.00 (1,858,135.00) 851,865.00 * Of this amount $486,680 is currently being used for the lease purchase of refuse vehicles and will be repaid within two years. Respectfully Submitted, Danial Morris Director of Finance A~pr~ow~e~d~ ~By, / ~J~'"" 7~ Elmer C. Hodge County Administrator ACTION # ITEM NUMBER ATA REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 25, 2001 AGENDA ITEM: Accounts Paid -August 2001 COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Direct Deposit Checks Payments to Vendors: $3,183,520.21 Payroll 8/3/01 $715,497.94 $202,471.46 917,969.40 Payroll 8/17/01 662,655.55 174,914.53 Payroll 8/31/01 644,912.85 167,445.95 812,358.80 Void Checks (1,988.08) (1,988.08) Manual Checks 3,471.30 3,471.30 $4,915,331.63 A detailed listing of the payments is on file with the Clerk to the Board of Supervisors. SUBMITTED BY: Danial Morris Director of Finance r * ~~~ i ,~ Approved Denied () McNamara Received () Church Referred () Johnson To () Minnix Nickens No Yes Abs r ACTION NO. ITEM NUMBER 1 V ""` AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER. MEETING DATE: September 25, 2001 AGENDA ITEMS: Statement of the Treasurer's Accountability per Investment and Portfolio Policy, as of July 31, 2001. SUMMARY OF INFORMATION: BANKERS ACCEPTANCE: BRANCH BANKING &TRUST 991,222.22 994,555.00 1,985,777.22 CASH INVESTMENTS: WACHOVIA 200,708.48 200,708.48 CERTIFICATE OF DEPOSITS: FIRST AMERICAN 100,000.00 SOUTHWEST VIRGINIA SAVINGS & LOAN 100,000.00 200,000.00 CORPORATE BONDS EVERGREEN - G.O. 1,966,400.42 EVERGREEN - R.A. 2,093,893.66 SUNTRUST -CAP 2,111,380.60 6,171,674.68 COMMERICAL PAPER: BANK OF AMERICAN 994,252.50 EVERGREEN - G.O. 359,546.77 EVERGREEN - R.A. 382,858.28 PAINE-WEBBER 994,895.83 SUNTRUST 2,977,891.67 SUNTRUST -CAP 1,781,804.28 WACHOVIA 2,229,989.67 9,721,239.00 GOVERNMENT: BRANCH BANKING &TRUST 994,264.44 EVERGREEN - G.O. 3,370,139.11 EVERGREEN - R.A. 3,589,505.44 PAINE-WEBBER 6,000,000.00 PAINE-WEBBER - LB&T 3,165,146.50 SUNTRUST -CAP 1,391,715.00 WACHOVIA 2,442,364.75 20,953,135.24 r . l ACTION NO ITEM NUMBER { AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER. MEETING DATE: September 11, 2001. AGENDA ITEMS: Statement of the Treasurer's Accountability per Investment and Portfolio Policy, as of July 31, 2001. LOCAL GOVT INVESTMENT POOL: GENERAL OPERATION (G.O.) 8,527,115.97 RESOURCE AUTHORITY (R.A.) 2,039,426.42 10,566,542.39 MONEY MARKET: EVERGREEN - G.O. 161,736.46 EVERGREEN - R.A. 172,222.78 FIRST UNION 2,222,895.73 PAINE-WEBBER LB&T 333,457.74 PAINE-WEBBER LIR 12,735,141.24 SUNTRUST -CAP 10,784,975.19 SUNTRUST -SWEEP 3,164,244.60 29,574,673.74 TOTAL 79,373,750.75 STAFF RECOMMENDATION Respectfully Submitted by Approved by: ~'~~ f Alfred C. Anderson Elmer C. Hodge County Treasurer County Administrator ACTION Approved ()Motion by: Denied () Church Received () Johnson Referred () McNamara To () Minnix Nickens VOTE 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: September 25, 2001. AGENDA ITEMS: Statement of the Treasurer's Accountability per Investment and Portfolio Policy, as of August 31,2001. SUMMARY OF INFORMATION: BANKERS ACCEPTANCE: BRANCH BANKING &TRUST 994,637.50 996,091.67 1,990,729.17 CASH INVESTMENTS: WACHOVIA 199,882.52 199,882.52 CERTIFICATE OF DEPOSITS: FIRST AMERICAN 100.000.00 SOUTHWEST VIRGINIA SAVINGS & LOAN 100,000.00 200,000.00 CORPORATE BONDS EVERGREEN - G.O. 2,237,277.36 EVERGREEN - R.A. 2,382,661.80 SUNTRUST -CAP 1,597,774.02 6,217,713.18 COMMERICAL PAPER: BANK OF AMERICAN 994,252.50 EVERGREEN - G.O. 355,922.16 EVERGREEN - R.A. 379,050.97 PAINE-WEBBER 2,982,986.11 SUNTRUST 2,985,115.55 SUNTRUST -CAP 2,658,651.60 WACHOVIA 1,990,065.28 12,346,044.17 GOVERNMENT: BRANCH BANKING &TRUST 1,988,314.44 EVERGREEN - G.O. 2,963,45022 EVERGREEN - R.A. 3,156,023.37 MORGAN KEEGAN 994,474.17 PAINE-WEBBER 6,000,000.00 PAINE-WEBBER - LB&T 2,6'92,45525 SUNTRUST -CAP 1,593,388.78 WACHOVIA 3,315,543.57 22,703,649.80 LOCAL GOVT INVESTMENT POOL: GENERAL OPERATION (G.O.) 8,556,046.34 RESOURCE AUTHORITY (R.A.) 2,046,345.68 10,602,392.02 MONEY MARKET: EVERGREEN - G.O. 216,594.06 EVERGREEN - R.A. 230,668.93 FIRST UNION 2,229,575.30 PAINE-WEBBER LB&T 837,612.55 J ACTION ITEM NUMBER AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER. MEETING DATE: September 25, 2001. AGENDA ITEMS: Statement of the Treasurer's Accountability per Investment and Portfolio Policy, as of August 31,2001. MONEY MARKET con't: PAINE-WEBBER LIR SUNTRUST-CAP SUNTRUST -SWEEP TOTAL STAFF RECOMMENDATION: Respectfully bmi d by 9-i~-~~ Alfre C. And rson Co ty Treasurer ACTION Approved ()Motion by: Denied ( ) Received ( ) Referred ( ) To () 6,068,145.26 10,255,046.52 2,841,303.86 22,678,946.48 76,939,357.34 Approved by: (:~~~ Elmer C. Hodge County Administrator VOTE No Yes Abs Church Johnson McNamara Minnix 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: September 25, 2001 AGENDA ITEM: Update on Citizen Inquiry System and other Technology Initiatives COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: This time has been set aside to update the Board of Supervisors on the purchase and implementation of the Citizen Inquiry System as follows: The Department of Information Technology has ordered the servers for the program. The software will be installed by the end of October 2001. A Steering Committee has been formed that will work with the vendor managing the application implementation, setting policies and procedures for using the system, and managing the pilot program. They are: Elaine Carver -Information Technology Director, Project Manager Diane Childers -Budget Department, Assistant Project Manager Mary Allen -Clerk to the Board Anne Marie Green -General Services Director Brent Robertson -Budget Director Kathi Scearce -Community Relations Director Gary Robertson, Utility Director Arnold Covey, Community Development Director Dan O'Donnell, Assistant County Administrator Another team comprised of the actual users of the system will be established to assist the Steering Committee and implement the pilot program. Start-up of the program is tentatively scheduled to be complete by January 1, 2002. . P-I • A separate Solid Waste Program is being developed by the vendor that will be used by General Services Staff will be available at the work session to answer any questions the Board may have. Respectfully Submitted by: Approved by: C~~ `~YC.~vZ.~- 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 _ _ ACTION NO. ITEM NUMBER AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 25, 2001 AGENDA ITEM: Work Session on the impact of Interstate 73 COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: This time has been set aside for a work session to discuss the potential impacts of Interstate 73. ~,/.~'"w Elmer C. Hodge County Administrator --------------------------------------------------------------------------------------------------------------------- ACTION VOTE No. Yes Abs Approved () Motion by: Church _ Denied () Johnson Received () McNamara- _ _ Referred () Minnix _ _ To () Nickens _ I-73 Presentation. - ~",~ ~. ~,°+'~` ~' /'°' ~.~.~®( °S '~ ®I''~r "' '~.° ~ ~ ~~~ __ Geiitlenlengood afternoon. I am going to leave you with a printed version of my presentation and in the interests of speed; will summarize from, ratherthan read the entire script: Originally I-73 was to rule from Detroit;Michigan to Charleston, South Carolina. Detroit and Charleston said NO. Now, Michigan and Ohiohave both decided not to build I=73atall and West Virginia is upgrading existing roads. South Carolina is not even considering building:: The part of I-73 that is supposed to connect to West Zlir~inia is not even being planned. I-73 fromRoanoke to the North Carolina border is- now nothing more than a local road. The economic benefits, if any, of a major North South Interstate are gone.. The .attached chart (I have provided copies for the board) shows the change from the .original pI°opositioli for I-73 and what is left. Virginia is the only State left with any active plan to develop a new terrain I-73. The thinking that I-73 will bring jobs and. economic development has been one-of the dreams ofsupporters but. the I-ecent workof Ms. EmilyManetta in her stud}~ "I-73:Weighillgthe Costs" and "Tear It Douro" the story of Milwaukee by-.Mayor Norquist casts significant doubt oi~ that theory. Mayor Norquist recounts how the removal of an interstate through Milwaukee resulted in an economic boom and an increase in property values. He also recounts San Francisco's experience with its freeways. Mayor Norquist notes that "High. seed roads... disrupt the efficientdistribution of traffic on city grids. That is why. you don'.t f nd expressways inside the outer ring roads of most European cities". Perhaps the most telling quote comes from California Governor Davis as recently as the 20~h August 2001. Governor Davis said he sees. an end to Freeway building, and said "the State (California) would still spend large amounts on highways to improve existing roadways, riot add to thern." The article published in The New Yorlc Times goes on to say "Even the most ardent supporters of new highways, the Automobile Club has accepted the shift". (change of direction to improving existing roadways.) Ne~~ertheless there is justifcationfor agoodroad fromRoanoke to North Carolina. What I am about to tell you comes from VDOT's own Draft Environmental Impact Statement, the DEIS, as submitted to the Federal Highway Administration. In the DEIS, VDOT is required to provide justification for the roadway under the caption, "Purpose of and need for action". VDOT describes. "an interpretation of the `intent' of Congress" as the justification for an Interstate-level facility. The .need that is provided for action is entirely based oI1 the inadequacies of Route 220: Reading from the DEIS, VDOT says that, and I quote, "current and future transportation concerns in the I-73 con idor include: • The high percentage of truck traffic on US Route 220, • The designation of US Route 220, as a Surface Transpol-tation Assistance Act roadway that allows for oversized trucks on a roadway with identified sight distance problems, • High accident rates on US 220 between Route 419 and the North Carolina border, • Steep road grades on portions of US 220, and • The number of crossovers with no turn lanes or with turn lanes in only one direction on US Route 220". End quote. All o~f the justification for the I-73 project is based on what is wrong with 220. So I think «~e should concentrate on fixing hose 220 Problems instead of creating a new I-73. Although I anz opposed to a new terrain highway on economic and social grounds I will focus on my opposition to the chosen VDOT /Commonwealth Transportation Board route for I-73. Here are some reasons abainst the chosen route: High Terrain passage should be avoided. Crowell. Gad and Windy Gap with elevations of up to 1 ~ 00feet az-e notoriously. dangerous . Fog and hazardous road conditions are far more prevalent in these mountain passes than in the valley below. Long imeresidents ~~ow that these crossings are .frequented with heavy fob. We do not desire to have interstate tragedies like those that occur on Afton Mountain (I- 64) and Fancy Gap (I-77). 1Vlountain Construction Costs areuncertain Constructionz costs are conullonlyunderstated and often escalate w11enmountain roads are vuilt, particularly with the width required of interstate highwa~~s. We only have to look at the delays and budget over-runs incurred in the construction of I-77 as it crossed the mountains of West Virginia. Environmental Damage. Releti~ant agencies. such as the U.S. Department of the Interior, the National Parkway Service, the Virginia Department of Conservation and Recreation, have .preferred. Route 220 because they say that it (Route .220) will. cause far less environmental damage than the- VDOT I-73~ alternative.... The Department of Army Corps. of Engineers and.. the. U.S. Enviroiunental Protection Agency criticize VDOT for not evaluating a Route 220 upgrade "leaving.. many questions.. unans~~~ered". ~~%"e should not minimize the effect of building a new highway through an additional 11 miles of our valley with all the noise, pollution and destruction I- 73 will bring. The proposed route will intersect the nearby Blue Ridge Parkway;.' destroying the natural scenic beauty and serei~.ity of this area. (The crossing least favored by Parkway Authorities). Pollution noise and diminished air quality are aI1 major threats to thisarea. Compounding Costs. The VDOT route adds. at least. 1 l miles to the 220 route by directing it through the SE neighborhoods of Roanol~e. These added miles at $20 million a mile cost an additional $220 million. Maintenance and other long term necessities will add to our burden. Clearly we cannot just leave route 220 alone to resolve the difficulties described by VDOT. So even if a new highway is built, we have to fix those 220 problems at additional cost. This will result in an increase in cost to the taxpayer and deny other Virginia localities, road dollars for improvements. Roanoke SE Discrimination. Residents of .South East Roanoke City and. County have accepted more than their fair share of burdens.Little has been done to improve the lives of these residents. The civilrights of the elderly gill beviolated, they will be forced from theirhomes , and their lives will be disrupted. Many of these senior citizens are without themeans to field affordable housing. ~.; All this because the least disruptive, more economical, speedier alternative was ignored. Apart from these citizens the law of eminent domain will turn the American dream, for some like me, into the American nightmare, if against our will we are forced to have our properties violated. It is sad that you can own your property but have no rights against such Bevel opment. 'DOT and CTB have chosen-to ignore theadvice of co-operating agencies T11eEnvironl~lental Protection Agency, the U.S. Army Coips of Engineers, the U.S. Dept. of the Interior and other federal agencies have. all criticized the failure of VDOT to provide adequate studies. on various topics, fi~om lack of justification to failing to undertake a full US220 upgrade study. In some cases VDOT did precisely the opposite to agency advice. I have also provided you with excerpts taken from various documents contained within the Draft Environmental Impact Study clearly the preponderance of positions taken are against the proposed route.. VDOT and CTB have i¢noi~ed the wishes of Roanoke Ci~v and County. This Roanoke County Board is on record folu~ times as favoringa Central I-581/US 220 corridor and Roanoke Cityhas strongly voiced their oppositionto theSE-route chosen. I am~ appalled that citizen and representative bodyopinion alike can just be disn7issed. LIFE & ECONOMICS. Route220 iilits,cui-~-entcondition is injuring maiming and killing people every day. As VDOT's justification testifies, it is a roadway to be concerned about. Building a new highway ~fron~ scratch would take many years. I-73 wouldprobably be built like I-81 «~as built -a section at a time - and a completed highway would be at least 20 years -probably more - away. In the meantime, the unsafe conditions on 220 would continue, as would the. injuries and deaths. And, if $ L25 billion is dedicated to a new road, where are the funds going to come from to fix 220? On the other hand, the TSM (Transportation Systems Management) option could give us a first class road in 3-5 years, reducing deaths, injuries, and property loss very quickly. Recently, and seemingly in response to emphasis on FIX 220 (TSM in VDOT terminology), VDOT has been telling people that TSM is a minor fix and would not be as safe as a new terrain highway. I cannot comprehend how rebuilding over 20% of the 220 highway, widening innumerable miles of shoulders and medians, and closing of many median openings and crossovers can be called minor. I agree that a TSM upgraded 220 will not be as safe as a limited access, new terrain highway, but it will be one heck of a lot safer than it is now and it will be achieved in a much shorter timescale than the proposed I-73, at a fraction of the cost. By choosing the I-73 build option proposed, which may be 10 to 20 years in the making instead of an upgrade to U.S. 220 Virginia will squander Federal Tax dollars.Lives of travelers on U.S. 220 will continue to be endangered by the conditions that supposedly sparked this project in the first place. VDOT / CTB and Martinsville. How can wetake VDOT and CTB seriously when they changed their .minds in a veiy short tulle (withii124 hours). and switched routes inHenry County. Other States ha~~e chosen notto builda newT-73 andupQrade existing roadways There are reasons that other States have opted out of t11e new I 73 build.I ail puzzled at why VDOT is out of step. West Virginia has designated US 52; upgraded to principal arterial standards, (the same approach as TSM), as their solution to building I-73. North Carolina has also upgraded parts of 220 and calledit "I-73". VDOT is free, underFederaT highway cost sharing rules to build t17e Roanoke-North Carolina road under either "interstate" standai°ds or ``principle (se) arterial" standards. VDOT says, and I quote from the DEIS, "Federal Highway Administration and VDOT believe that it is clearly Congress' intent that a highway facility meeting interstate design standards be studied between the Virginia-North Carolina state line and the City of Roanoke", they go on to say, "this does not rule out a lesser design standard such as that for a principle (sic) arterial". VDOT can upgrade 220 and have the same 80/20 split with the Federal government whether they build to interstate standards or, as they themselves say, to the arterial design standard. Virginia's share of $1.25 billion for a new terrain highway is at least $250 million dollars. In a state which is already Strapped for road building funds, where are we going to get $250 million? Remember, the $1.25 billion dollar cost is VDOT's estimate in todays dollars for a new highway, (in 10 or 20 Years time it will at least double) in addition we have to factor in the social and environmental costs. A new highway will destroy homes, degrade the envirorunent and deface mountainsides and faun lands. The real cost for I-73 20 years out will be significantly higher in dollars and immeasurable in negative social and environmental impact! I question both VDOT estimates and even assuming SOOmillion for a rea1220 upgrade we can have a safe highway for a fraction of the cost of a new terrain Interstate and very much more rapidly. Com~~etition For Funding. If VDOT persists in seeking funding fora $1.25 billion project, they will be in competition with t11e I-81 widening project .and the near gridlock needs of northern Virginia. .The legislature is i~ot likely. to approve appropriations for. a one and a .quarter billion .dollar local road fi•on1 RoanoketoNorth Carolina when these other;inuch more pressingneedsmust be funded. If VDOT were,. on the other ha11d, to present a four or five hundred 111illoirdollar project toupgrade 220, with its clear life. satiii~g capabilities, while alsopro~~iding adesirable transportation enhancement to t11is part of Virginia, it will have a .better chance of being fiulded. By insisting. on the development of a new terrain I-73, VDOT risks losing funding totally thus leaving Virginia without the impol-tant upgrade of 220 we really need. I ain in favor of a reasoned, logical and econoanically effective inlprovei~nent to our Z~oad~~~ays. We deserve a SOUND and CONSCIENTIOUS review not a process where VDOT and CTB blatantly ignores, citizens, cooperating agencies and representative bodies alike. What we need. and want is agood transportation route fiom Roanoke to North Carolina - We should upgrade 581/220 andcall it I-73 if necessary for federal ftu~ding purposes! It's the responsible and logical thing to do. It's 99% of what we want - a good safe road and it's available now! Senator John Edwards on August 24`'' wrote to me and I quote fi-onl his letter "I too am concerned about the proposed route through Southeast Roanoke for many of the reasons you mentioned; including the impact on the neighborhoods and .the loss of a number of homes. Like you, I support I-73 through I-581 and upgrading 220 South." Delegate. Chip Woodrum says "Mayor Norquist's ideas certainly give those of us who Love our. city and our valley food for thought." He goes on to say "I11ave alwaysopposed the routingof ~I-73thi-ough the City of Roanoke. Myopposition to this. included opposition to the routing of I 73 through d1e Mount Pleasant section of Roanoke County." Delegate Vic Thomas is another local politician who.strongly opposes the chosen routefor I- 73. Morgan Griffith provided his opiiuon in favor of a new I-73 to the Roanoke Tinges recently. He said " Lthinlc the Roanoke Valley. has .the potential to be~ the distribution center of the Mid-Atlantic. and ultimately the East" (referring to goods delivered b}~ truck.) Does this Board believe that a multitude of trucks traveling. through Roanoke City and County will bring the soz-t of economic grov~~th desired? ~ldwhat I askwill be the effect ofthe pollution and-noise from that additional traffic? There is a need for local governln-eats to communicate opposition to this Interstate choice; to our legislators in Richinoi~d and specificallyto our local delegates and senators, and toreflect the needsand attitudes of constituents. I respectfully. ask this Board. to pass a resolution opposing the VDOT /CTB choice of .route for I-73 through S E Roanoke and a reiteration of this hoards earlier i°esoIutions preferring the 58I/220 corridor. Thank You. i i ~1 f . ~! ,;., `~P~ ~ ~ ~_ QrQ i O C Iz Interesting Quotes. U.S. Department of Interior Washington Feb 06 2001 SiSned Willie Tam Blue Ride Parkway Comments. "Based upon current data the ~.P.S.'s most preferred cro,~ng of tJe B1ueRidge Parkwayis segment 118C, Milepost 121.4 included in Build Alternative Options 2b,3,3b and 3c. This is the existing four lane corridor of USRte 22~." "Segment 376`Milepost 116.9 is in a section of Parkway dominated by rural farmland and residential use.... An Interstate highway constructed through this area would over-power the current landscape. Again Noise, Land. use changes and View area scenic quality impacts are of grave concern in this location and make it a,least preferredoption" Exactly the opposite choices were made by VDOT Noise Impacts. `'the analysis currently states that `noise from I73 would dissipate to ambient or existing levels'....we believe this is incori~ec.t." Impacts to scenic values. "Tn short, we believe that the ~%isual anal}~sis does not'meet the minimum threshold for an adequate anal~~sis. It should be reworked using a well established ,scientifically based methodology." "Cannot concur' that there are no feasible and prudent alternatives to the project." National Parkway Service Dan Brown Superintendant Mar 13 2001 to Earl T Robb VDOT "Segment 118C at Milepost 121.4 included in build options 2b, 3, 3b, and 3c continue to be the most preferred crossing of the Blue Ridge Parkway. From the visual quality and natural resource data provided, NPS revie~~~ers find that constructingan Interstate hi~l~ia}~ «~ithin t}ie LAS Rowe 220 is,the mQSt preferred crossing option." National Parkway Service Dan Brown Superintendant April 12 X001 to Fed Highway Administration "The National Park Service's mostprefen~ed crossin~~of the Blue Ridge Parkway is segment 118C, Milepost 121.4....this is the existing four lane corridor of U.S. Route 220." U.S. Envirommental ProtectionAgency to Fed. Highway Administration. Re. Draft Environmental. Impact Statement (DEIS) for I73. "An upgrade of the existing Route 220 was not studied.'' "The lackofan upgrade study to tlae existingRouta 22U ]units the range of alternatives considered leaves many questions unanswered." "ln summary the I73 proposal has the potential to cause a large degree of enviromnental impact throughout the study area and its benefits on mobility do not appear to be commensurate with its capita] and enviromnental costs. A potentially less damaging upgrade of Route 220 or a lesser design roadway ~ias~not snidied." "W.Virginia chose the less damaging controlled access design for their segments of I73." "Vehicle miles traveled shows that each of the alternatives increase vehicle miles traveled from 28% to 58% in the study area." The EPA recommended that VDOT prepare a supplement to the DEIS "that includes an up~i-ade io the e~isiing (`?201facilit~~." Department of The Anny Corps. Of Engineers Feb Ol 2001 to Fed Hitr_hway Administration D.E.LS. Convnents. "Needs from Michigan to South Carolina are not supported... but simply stated as goals of I73." The DEIS does not substantiate that only an Interstate-level facility will address the Purposeand Need, other than an int~eipretation ofthe '`intent' of Congress:" `'Because an upgrade of Route 220 was not included in the DEIS, it appears that allxcasonable acid feasible alternatives to minimize enviromnental impacts hay e ilot been eti aluated." The Virginia. Department of Conservation and Recreation. "Concern about the impact on several natural heritage resources and recoiririend theTSM (route 220) ort}~e no build' a1ternatwe.'' ~_z September 25, 2001 The Honorable H. Odell "Fuzzy" Minnix Chair Roanoke County Board of Supervisors PO BOX 29800 Roanoke, VA 24018-0798 Dear Chairman Minnix and Members of Roanoke County Board of Supervisors: ROANOKE REGIONAL CHAMBER OF COMMERCE On behalf of the Roanoke Regional Chamber of Commerce, we want to express support and commendation for the cooperative public safety efforts underway between the City of Roanoke and County of Roanoke. Never has it been more important to recognize that safety and responsive service are the foundations of fire and emergency medical services. Through regional cooperation, Roanoke City and Roanoke County are ensuring that the legacy of commitment to safety and responsiveness remains. The Chamber has over1,500 members who consider enhanced cooperation among jurisdictions one of the most important issues facing the region. Taking advantage of opportunities to work together, such as jointly staffing the Clearbrook station, creates cost-efficiency without sacrificing the quality of such a crucial public service. Illustrating how local governments work together enhances the region's ability to keep and attract business. The efforts in public safety are an excellent first step that will hopefully open the door for greater cooperation, service, and efficiency in the future. The Roanoke Regional Chamber supports such regional efforts and encourages their continuance. Sincerely, Beth Doughty f President C: Senator John Edwards Senator Bo Trumbo Delegate Dick Cranwell Delegate Morgan Griffith Delegate Vic Thomas Delegate Chip Woodrum Elmer Hodge 212 S. JEFFERSON STREET ROANOKE, VA 24011-1702 (540) 983-0700 FAx (540)983-0723 business@roanokechamber.org WWW.ROANO KECHAM BER.ORG ~~ R AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 25, 2001 RESOLUTION CERTIFYING THE CLOSED MEETING WAS HELD IN CONFORMITY WITH THE CODE OF VIRGINIA WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened a closed meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of The Virginia Freedom of Information Act; and WHEREAS, Section 2.1-344.1 of the Code of Virginia requires a certification by the Board of Supervisors of Roanoke County, Virginia, that such closed meeting was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, hereby certifies that, to the best of each members knowledge: 1. Only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the closed meeting which this certification resolution applies, and 2. Only such public business matters as were identified in the motion convening the closed meeting were heard, discussed or considered by the Board of Supervisors of Roanoke County, Virginia. J ~- AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 25, 2001 RESOLUTION 092501-7 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 Minnix to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS: None A COPY TESTE: Mary H. Allen, CMC Clerk to the Board of Supervisors CC: File Closed Meeting File S _/ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 25, 2001 RESOLUTION 092501- 9 AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $13,745,000 GENERAL OBLIGATION SCHOOL BONDS OF THE COUNTY OF ROANOKE, VIRGINIA TO BE SOLD TO THE VIRGINIA PUBLIC SCHOOL AUTHORITY PURSUANT TO THE LITERARY FUND SUBSIDY SALE AND PROVIDING FOR THE FORM AND DETAILS THEREOF WHEREAS, in September of 2000 and January of 2001, the Commonwealth of Virginia Board of Education (the "Board of Education") placed applications (the "Applications") of the School Board of the County of Roanoke, Virginia (the "School Board") for loans in the aggregate amount of $14,000,000 (the "Literary Fund Loan") from the Literary Fund, a permanent trust fund established by the Constitution of Virginia (the "Literary Fund"), for financing the South County High School and Glenvar Middle School projects (the "Projects") in the County of Roanoke, Virginia (the "County"), on the First Priority Waiting List. WHEREAS, the Board of Education was to have approved the release of Literary Fund moneys to the School Board and make a commitment to loan such moneys to the School Board (the "Commitment")within one year of placement of each Application on the First Priority Waiting List upon receipt of the Literary Fund of an unencumbered sum available at least equal to the amount of such Application and the approval, by the Board of Education, of such Application as having met all conditions for a loan from the Literary Fund. WHEREAS, the Board of Education was thereafter to have given advances on the amount of the Commitment for the Literary Fund Loan to the School Board, as construction or renovation of the Projects progressed, in exchange for a loan obligation from the School Board to the Literary Fund (the "Literary Fund Obligation") for the amounts so advanced. WHEREAS, the Literary Fund Obligation was to have borne interest at four percent (4%) per annum and mature in annual installments for a period of twenty (20) years. WHEREAS, in connection with the 2001 Interest Rate Subsidy Program (the "Program"), the Virginia Public School Authority (the "VPSA") has offered to purchase general obligation school bonds of the County, and the Board of Education has offered to pay, to the County, a lump sum cash payment (the "Lump Sum Cash Payment") equal to the sum of (i) net present value difference, determined on the date that VPSA sells its bonds, between the weighted average interest rate that the general obligation school bonds of the County will bear upon sale to the VPSA and the interest rate that the Literary Fund Obligation would have borne plus (ii) an allowance for the costs of issuing such bonds of the County (the "Issuance Expense Allowance"). WHEREAS, the Board of Supervisors (the "Board") of the County of Roanoke, Virginia (the "County") has determined that it is necessary and expedient to borrow $13,745,000 and to issue its general obligation school bonds to finance certain capital projects for school purposes. WHEREAS, the County has held a public hearing, after due publication of notice, in accordance with Section 15.2-2606, Code of Virginia of 1950, as amended ("Virginia Code") on September 25, 2001 on the issuance of school bonds in the maximum amount of $13,745,000. WHEREAS, the School Board of the County has requested by resolution the Board to authorize the issuance of the Bonds (as defined below) and has consented to the issuance of the Bonds. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF ROANOKE, VIRGINIA, THAT: 1. Authorization of Bonds and Use of Proceeds. The Board hereby determines that it is advisable to contract a debt and to issue and sell general obligation school bonds of the County in the aggregate principal amount not to exceed $13,745,000 (the "Bonds") for the purpose of financing the Projects. The Board hereby authorizes the issuance and sale of the Bonds in the form and upon the terms established pursuant to this Resolution. 2. Sale of the Bonds. It is determined to be in the best interest of the County to accept the offer of the VPSA to purchase from the County, and to sell to the VPSA, the Bonds at a price determined by the VPSA and accepted by the Chairman of the Board or the County Administrator, such price to be not less than 98% of par and not more than 103% of par, and upon the terms established pursuant to this Resolution. The County Administrator and the Chairman of the Board, or either of them, and such officer or officers of the County as either of them may designate, are hereby authorized and directed to enter into a Bond Sale Agreement with the VPSA providing for the sale of the Bonds to the VPSA in such form as may be approved by the County Administrator ("Bond Sale Agreement"). 3. Details of the Bonds. The Bonds shall be issuable in fully registered form in denominations of $5,000 and whole multiples thereof; shall be dated the date of issuance and delivery of the Bonds; shall be designated "General Obligation School Bonds, Series 2001 B"; shall bear interest from the date of delivery thereof payable semi-annually on each January 15 and July 15 (each an "Interest Payment Date"), beginning July 15, 2002, at the rates established in accordance with paragraph 5 of this Resolution; and shall mature on July 15 in the years (each a "Principal Payment Date") and in the amounts established in accordance with paragraph 5 of this Resolution. The Interest Payment Dates and the Principal Payment Dates are subject to change at the request of VPSA. 2 4. Principal Installments and Interest Rates. The County Administrator is hereby authorized and directed to accept the interest rates on the Bonds established by the VPSA, provided that each interest rate shall be ten one-hundredths of one percent (0.10%) over the interest rate to be paid by the VPSA for the corresponding principal payment date of the bonds to be issued by the VPSA (the "VPSA Bonds"), a portion of the proceeds of which will be used to purchase the Bonds, and provided further, that the true interest cost of the Bonds does not exceed six and one-half percent (6 1/2%) per annum. The County Administrator is further authorized and directed to accept the aggregate principal amount of the Bonds and the amounts of principal of the Bonds coming due on each Principal Payment Date ("Principal Installments") established by the VPSA, including any changes in the Interest Payment Dates, the Principal Payment Date and the Principal Installments which maybe requested by VPSA provided that such aggregate principal amount shall not exceed the maximum amount set forth in paragraph two and the final maturity of the Bonds shall not be later than 21 years from their date. The execution and delivery of the Bonds as described in paragraph 9 hereof shall conclusively evidence such Interest Payment Dates, Principal Payment Dates, interest rates, principal amount and Principal Installments as having been so accepted as authorized by this Resolution. 5. Form of the Bonds. The Bonds shall be initially in the form of a single, temporary typewritten bond substantially in the form attached hereto as Exhibit A. 6. Payment; Paying Agent and Bond Registrar. The following provisions shall apply to the Bonds: (a) For as long as the VPSA is the registered owner of the Bonds, all payments of principal of, premium, if any, and interest on the Bonds shall be made in immediately available funds to the VPSA at or before 11:00 a.m. on the applicable Interest Payment Date, Principal Payment Date or date fixed for prepayment or redemption, or if such date is not a business day for Virginia banks or for the Commonwealth of Virginia, then at or before 11:00 a.m. on the business day next preceding such Interest Payment Date, Principal Payment Date or date fixed for prepayment or redemption; (b) All overdue payments of principal and, to the extent permitted bylaw, interest shall bear interest at the applicable interest rate or rates on the Bonds; and (c) SunTrust Bank, Richmond, Virginia, is designated as Bond Registrar and Paying Agent for the Bonds. 1. No Prepayment or Redemption. The Principal Installments of the Bonds are not subject to redemption or prepayment. Furthermore, the Board covenants, on behalf of the County, not to refund or refinance the Bonds without first obtaining the written consent of the VPSA or the registered 3 owners of the Bonds. 2. Execution of the Bonds. The Chairman or Vice Chairman and the Clerk or any Deputy Clerk of the Board are authorized and directed to execute and deliver the Bonds and to affix the seal of the County thereto. The signatures of such officers and the manner of affixing the seal on the Bonds may be by facsimile, provided that if both signatures are by facsimile, the Bonds shall not be valid until authenticated by the manual signature of the Paying Agent. 3. Pledge of Full Faith and Credit. For the prompt payment of the principal of, and the premium, if any, and the interest on the Bonds as the same shall become due, the full faith and credit of the County are hereby irrevocably pledged, and in each year while any of the Bonds shall be outstanding there shall be levied and collected in accordance with law an annual ad valorem tax upon all taxable property in the County subject to local taxation sufficient in amount to provide for the payment of the principal of, and the premium, if any, and the interest on the Bonds as such principal, premium, if any, and interest shall become due, which tax shall be without limitation as to rate or amount and in addition to all other taxes authorized to be levied in the County to the extent other funds of the County are not lawfully available and appropriated for such purpose. 4. Use of Proceeds Certificate; Non-Arbitrage Certificate. The County Administrator and Chief Financial Officer, or either of them, and such officer or officers of the County as either may designate are hereby authorized and directed to execute a Non-Arbitrage Certificate, if requested by bond counsel, and a Use of Proceeds Certificate setting forth the expected use and investment of the proceeds of the Bonds and containing such covenants as may be necessary in order to show compliance with the provisions of the Internal Revenue Code of 1986, as amended (the "Code"), and applicable regulations relating to the exclusion from gross income of interest on the Bonds and on the VPSA Bonds. The Board covenants on behalf of the County that (i) the proceeds from the issuance and sale of the Bonds will be invested and expended as set forth in such Use of Proceeds Certificate and the County shall comply with the covenants and representations contained therein and (ii) the County shall comply with the provisions of the Code so that interest on the Bonds and on the VPSA Bonds will remain excludable from gross income for Federal income tax purposes. 5. State Non-Arbitrage Program; Proceeds Agreement. The Board hereby determines that it is in the best interests of the County to authorize and direct the County Treasurer to participate in the State Non-Arbitrage Program in connection with the Bonds. The County Administrator and 4 Chief Financial Officer, or either of them, and such officer or officers of the County as either of them may designate, are hereby authorized and directed to execute and deliver a Proceeds Agreement with respect to the deposit and investment of proceeds of the Bonds by and among the County, the other participants in the sale of the VPSA Bonds, the VPSA, the investment manager, and the depository substantially in the form on file with the County Administrator, which form is hereby approved. 6. Continuing Disclosure Agreement. The County Administrator and Chief Financial Officer, or either of them, and such officer or officers of the County as either of them may designate are hereby authorized and directed (i) to execute a Continuing Disclosure Agreement, asset forth in Appendix F to the Bond Sale Agreement, setting forth the reports and notices to be filed by the County and containing such covenants as may be necessary in order to show compliance with the provisions of the Securities and Exchange Commission Rule 15c2-12 and (ii) to make all filings required by Section 3 of the Bond Sale Agreement should the County be determined by the VPSA to be MOP (as defined in the Continuing Disclosure Agreement). 7. Filing of Resolution. The appropriate officers or agents of the County are hereby authorized and directed to cause a certified copy of this Resolution to be filed with the Circuit Court of the County of Roanoke, Virginia. 8. Further Actions. The County Administrator, Chief Financial Officer, and such other officers, employees and agents of the County as either of them may designate are hereby authorized to take such action as the County Administrator or Chief Financial Officer may consider necessary or desirable in connection with the issuance and sale of the Bonds and any such action previously taken is hereby ratified and confirmed. 9. Effective Date. This Resolution shall take effect immediately. The undersigned Clerk of the Board of Supervisors of the County of Roanoke, Virginia, hereby certifies that the foregoing constitutes a true and correct extract from the minutes of a meeting of the Board of Supervisors held on September 25, 2001, and of the whole thereof so far as applicable to the matters referred to in such extract. I hereby further certify that such meeting was a regularly scheduled meeting and that, during the consideration of the foregoing resolution, a quorum was present. The front page of this Resolution accurately records (i) the members of the Board of Supervisors present at the meeting, (ii) the members who were absent from the meeting, and (iii) the vote of each member, including any abstentions. WITNESS MY HAND and the seal of the Board of Supervisors of the 5 County of Roanoke, Virginia, this 25th day of September, 2001. On motion of Supervisor Nickens to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS: None A COPY TESTE: ~/ • ~-r~ Mary H. Allen, CMC Clerk to the Board of Supervisors cc: File Diane D. Hyatt, Chief Financial Officer Danial Morris, Director, Finance Paul M. Mahoney, County Attorney Dr. Linda Weber, School Superintendent Brenda Chastain, Clerk, School Board 6 ACTION # ITEM NUMBER ~. .• ,~ AT A REGULAR MEETING OF THE COUNTY SCHOOL BOARD OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION BUILDING MEETING DATE: September 25, 2001 AGENDA ITEM: Public Hearing for the Issuance of Virginia Public School Authority (VPSA) Subsidy Bonds for $13,745,000 for Hidden Valley High School and Glenvar Middle School COUNTY ADMINISTRATOR'S COMMENTS: i~ G~~ BACKGROUND: The County Board of Supervisors approved the final budgets for the new Hidden Valley High School and the renovations at Glenvar Middle School as shown on Attachment A and Attachment B. The amounts scheduled to be borrowed through the State Literary Loan program are as follows: Hidden Valley High School $ 7,500,000 Glenvar Middle School 6,245,000 Total $13,745,000 The School Board submitted applications to the Literary Loan program in May 2000. The state has announced that they will offer an interest rate subsidy bond issue for sale in conjunction with the VPSA's Fall bond issue. The objective of the interest rate subsidy program is to maximize the use of available Literary Fund monies to provide low interest school construction loans and to keep the Literary Fund loan waiting list as short as possible. On August 28, 2001, the Board of Supervisors approved the submittal of an application to participate in the 2001 Fall VPSA Subsidy sale for $13,745,000. SUMMARY OF INFORMATION: We have submitted the required application and resolutions to participate in the Fall 2001 VPSA Subsidy bond sale. As part of this application process, a public hearing must be held and a specific resolution as to the form of the bonds must be adopted by the Board. 5-~ FISCAL IMPACT: The first debt payment on the issue will not occur until the 2002-03 fiscal year. Annual debt payments are estimated at $1,240,000. STAFF RECOMMENDATION: Staff recommends that at the conclusion of the public hearing, the Board adopt the attached resolution that authorizes the issuance of VPSA bonds in the Fall 2001 subsidy bond sale for an amount not to exceed $13,745,000. Respectfully Submitted by Approved by: ~~ Diane D. Hyatt Elmer C. Hodge Chief Financial OfFicer County Administrator ------------------------------------------------------------------------------------------- ACTION VOTE No. Yes Abs Approved O Motion by: Church Denied O Johnson Received O McNamara Referred O Minnix To ( ) Nickens cc: File 2 c c ° 0 ° ~. ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ o o o w ~ ~~~ ~ W m ~ ~ r CONaDOOOO0C0 M '~ O O) O M O O O O M O Q 00) W hOOOO1~ N N C O N 1~ ~ O) 0 0 0 0 0 r' O 0_ QO ~ ~00)MOOOOCO rf~ 1~MNOM~ O > to N O) r r r lA Q H Z W 2 Q H Q M1 d 7 '~ O M~ ~ W C= :0 Q i+ L L t ti V m ~ ~O L t a W T 2 m ~a d ~ ~ O N w O N ~ m C ~ N 'j d L ~ C C r ~ O ~ O ~ O 1~w6 N O ~ O Ur N N O Y O) ~ ~ ~ ~ U O C d) CO M m CO Q ~ > ~ .~ u 10 ~ ~ O p ~ O 1 W N ~ O ~ U m l6 N W D p o U rn r ~ r j ~O Cpl na O O O O ~ O ~ ~ ~ O N N ~ ~ O O ~ ~ ~ ~ ~ ~ N 00 O O O O O a0 <n 0 0 O O O O) ~ ~ ~ O ~ ~ ~ N r' ~ COOCOOOaON ~(AOOOO(O O O)OOOOOOCOMOOOO0) O 6~Oa0CnOO0~N hOOOOCfl O MONa0O N1~OOOOOO~ O N ~A fONO~CA COMOOOO O Op tr r(OhO~MNOM~ O N .- t0 ('~ r ~ ~ M r c~oooov o 00000 0 rnoaooo 00000 0 rnov_oom rn 00000 0 MOtOOO N OOOO~ O ~~~ CO O~ (00 M N O M B O (V r O M ~ r' M O' O COO O O ' O' ' ' 0 0 ~ M ~ 0 0 0 0 N ~~~ N N r ~ _ _ N ~~ ~ Crj ~ ~ O N T ~. $' c p 4~ c >+- ~ E L f0 C S •~ d C ~ `~- ~ (U ' C L ~ ~ 'C jp N N N v N C ~ C ~ C ~ O ~ ~ CA ~ U ~ '~ 0~ 0 0 w~ p) O U N C CCO U E>> O~ C N m ~ ~ A~ N N V = C v v W ~ d y~ v a .a F- N m. 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N 0000 O O O O 0 0~ O O U , O O O O , , , , , ' ~ r ti ~ ~ E ~ ~ N C O ~ ~ ~ O N N ~ O ma 0 0 O N O ~o ti O_ r O O O r , ti m ai O ti O '~ O i M .-. ~~ ~ rn ~ a-' ~. o N C ^ c o ~ ~ T c ~ c N ~ O ~ ~ t U O O , ~ Q U C D) ~ ~ ~ ~ 00,0 N N C 6 ~ (0 N N °~ ~ ~~ ~ U L ~ N N~ c N 'O ~ U ~ ~ 0 ` ~ °'cpciu'~ocou~rno~m N rn c c m :, c c a~ ~ ~> c m n >+ U O O U p~ ~> O N O W ~ ~ N N "a a N ~ 'a ~_ •~ ~ ~ Q atS ~ (n p LL Q Q' U ~~ (n j N O C Q U o.cn ~~U~ ~. _ ~ ~.. 0 O O O X m C O U f6 ..-. ,-. g a_ U t U C O O U a~ U C (0 C_ S-~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 25, 2001 RESOLUTION AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $13,745,000 GENERAL OBLIGATION SCHOOL BONDS OF THE COUNTY OF ROANOKE, VIRGINIA TO BE SOLD TO THE VIRGINIA PUBLIC SCHOOL AUTHORITY PURSUANT TO THE LITERARY FUND SUBSIDY SALE AND PROVIDING FOR THE FORM AND DETAILS THEREOF WHEREAS, in September of 2000 and January of 2001, the Commonwealth of Virginia Board of Education (the "Board of Education")placed applications (the "Applications") ofthe School Board of the County of Roanoke, Virginia (the "School Board") for loans in the aggregate amount of $14,000,000 (the "Literary Fund Loan) from the Literary Fund, a permanent trust fund established by the Constitution of Virginia (the "Literary Fund"), for financing the South County High School and Glenvar Middle School projects (the "Projects") in the County of Roanoke, Virginia (the "County"), on the First Priority Waiting List. WHEREAS, the Board of Education was to have approved the release of Literary Fund moneys to the School Board and make a commitment to loan such moneys to the School Board (the "Commitment") within one year of placement of each Application on the First Priority Waiting List upon receipt of the Literary Fund of an unencumbered sum available at least equal to the amount of such Application and the approval, by the Board of Education, of such Application as having met all conditions for a loan from the Literary Fund. WHEREAS, the Board of Education was thereafter to have given advances on the amount of the Commitment for the Literary Fund Loan to the School Board, as construction or renovation of the Projects progressed, in exchange for a loan obligation from the School Board to the Literary Fund (the "Literary Fund Obligation") for the amounts so advanced. WHEREAS, the Literary Fund Obligation was to have borne interest at four percent (4%) per annum and mature in annual installments for a period of twenty (20) years. WHEREAS, in connection with the 2001 Interest Rate Subsidy Program (the "Program"), the Virginia Public School Authority (the "VPSA") has offered to purchase general obligation school bonds of the County, and the Board of Education has offered to pay, to the County, a lump sum cash payment (the Lump Sum Cash Payment") equal to the sum of (i) net present value difference, determined on'the date that VPSA sells its bonds, between the weighted average interest rate that the general obligation school bonds of the County will bear upon sale to the VPSA and the interest rate that the Literary Fund Obligation would have borne plus (ii) an allowance for the costs of issuing such bonds of the County (the "Issuance Expense Allowance"). WHEREAS, the Board of Supervisors (the "Board") of the County of Roanoke, Virginia. (the "County") has determined that it is necessary and expedient to borrow $13,745,000 and to issue its general obligation school bonds to finance certain capital projects for school purposes. 3 s-. WHEREAS, the County has held a public hearing, after due publication of notice, in accordance with Section 15.2-2606, Code of Virginia of 1950, as amended ("Virginia Code") on September 25, 2001 on the issuance of school bonds in the maximum amount of $13,745,000. WHEREAS, the School Board of the County has requested by resolution the Board to authorize the issuance of the Bonds (as defined below) and has consented to the issuance of the Bonds. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF ROANOKE, VIRGINIA, THAT: 1. Authorization of Bonds and Use of Proceeds. The Board hereby determines that it is advisable to contract a debt and to issue and sell general obligation school bonds of the County in the aggregate principal amount not to exceed $13,745,000 (the "Bonds") for the purpose of financing the Projects. The Board hereby authorizes the issuance and sale of the Bonds inthe form and upon the terms established pursuant to this Resolution. 2. Sale of the Bonds. It is determined to be in the best interest of the County to accept the offer of the VPSA to purchase from the County, and to sell to the VPSA, the Bonds at a price determined by the VPSA and accepted by the Chairman of the Board or the County Administrator, such price to be not less than 98% of par and not more than 103% of par, and upon the terms established pursuant to this Resolution. The County Administrator and the Chairman ofthe Board, or either of them, and such officer or officers of the County as either of them may designate, are hereby authorized and directed to enter into a Bond Sale Agreement with the VPSA providing for the sale of the Bonds to the VPSA in such form as may be approved by the County Administrator ("Bond Sale Agreement"). 3. Details of the Bonds. The Bonds shall be issuable in fully registered form in denominations of $5,000 and whole multiples thereof; shall be dated the date of issuance and delivery of the Bonds; shall be designated "General Obligation School Bonds, Series 2001B"; shall bear interest from the date of delivery thereof payable semi-annually on each January 15 and July 15 (each an "Interest Payment Date"), beginning July 15, 2002, at the rates established in accordance with paragraph 5 of this Resolution; and shall mature on July 15 in the years (each a "Principal Payment Date") and in the amounts established in accordance with paragraph 5 of this Resolution. The Interest Payment Dates and the Principal Payment Dates are subject to change at the request of VPSA. 4. Princ~al Installments and Interest Rates. The County Administrator is hereby authorized and directed to accept the interest rates on the Bonds established by the VPSA, provided that each interest rate shall be ten one-hundredths of one percent (0.10%) over the interest rate to be paid by the VPSA for the corresponding principal payment date of the bonds to be issued by the VPSA (the "VPSA Bonds"), a portion of the proceeds of which will be used to purchase the Bonds, and provided further, that the true interest cost ofthe Bonds does not exceed six and one-halfpercent (6 1/2%) per annum. The County Administrator is further authorized and directed to accept the aggregate principal amount of the Bonds and the amounts of principal of the Bonds coming due on each Principal Payment Date (Principal Installments") established by the VPSA, including any changes in the Interest Payment Dates, the Principal Payment Date and the Principal Installments 4 S- which may be requested by VPSA provided that such aggregate principal amount shall not exceed the maximum amount set forth in paragraph two and the final maturity of the Bonds shall not be later than 21 years from their date. The execution and delivery of the Bonds as described in paragraph 9 hereof shall conclusively evidence such Interest Payment Dates, Principal Payment Dates, interest rates, principal amount and Principal Installments as having been so accepted as authorized by this Resolution. 5. Form of the Bonds. The Bonds shall be initially in the form of a single, temporary typewritten bond substantially in the form attached hereto as Exhibit A. 6. Payment• PaXin~ Agent and Bond Re isg tray. The following provisions shall apply to the Bonds: (a) For as long as the VPSA is the registered owner of the Bonds, all payments of principal of, premium, if any, and interest on the Bonds shall be made in immediately available funds to the VPSA at or before 11:00 a.m. on the applicable Interest Payment Date, Principal Payment Date or date fixed for prepayment or redemption, or if such date is not a business day for Virginia banks or for the Commonwealth of Virginia, then at or before 11:00 a.m. on the business day next preceding such Interest Payment Date, Principal Payment Date or date fixed for prepayment or redemption; (b) All overdue payments of principal and, to the extent permitted by law, interest shall bear interest at the applicable interest rate or rates on the Bonds; and (c) SunTrust Bank, Richmond, Virginia, is designated as Bond Registrar and Paying Agent for the Bonds. 7. No Prepayment or Redemption. The Principal Installments of the Bonds are not subject to redemption or prepayment. Furthermore, the Board covenants, on behalf of the County, not to refund or refinance the Bonds without first obtaining the written consent ofthe VPSA or the registered owners of the Bonds. 8. Execution of the Bonds. The Chairman or Vice Chairman and the Clerk or any Deputy Clerk of the Board are authorized and directed to execute and deliver the Bonds and to affix the seal of the County thereto. The signatures of such officers and the manner of affixing the seal on the Bonds may be by facsimile, provided that if both signatures are by facsimile, the Bonds shall not be valid until authenticated by the manual signature of the Paying Agent. 9. Pledge of Full Faith and Credit. For the prompt payment of the principal of, and the premium, if any, and the interest on the Bonds as the same shall become due, the full faith and credit of the County are hereby irrevocably pledged, and in each year while any of the Bonds shall be outstanding there shall be levied and collected in accordance with law an annual ad valorem tax upon all taxable property in the County subject to local taxation sufficient in amount to provide for the payment of the principal of, and the premium, if any, and the interest on the Bonds as such principal, 5 ... premium, if any, and interest shall become due, which tax shall be without limitation as to rate or amount and in addition to all other taxes authorized to be levied in the County to the extent other funds of the County are not lawfully available and appropriated for such purpose. 10. Use of Proceeds Certificate• Non-Arbitrage Certificate. The County Administrator and Chief Financial Officer, or either of them, and such officer or officers ofthe County as either may designate are hereby authorized and directed to execute aNon-Arbitrage Certificate, if requested by bond counsel, and a Use of Proceeds Certificate setting forth the expected use and investment of the proceeds of the Bonds and containing such covenants as may be necessary in order to show compliance with the provisions of the Internal Revenue Code of 1986, as amended (the "Code"), and applicable regulations relating to the exclusion from gross income of interest on the Bonds and on the VPSA Bonds. The Board covenants on behalf of the County that (i) the proceeds from the issuance and sale of the Bonds will be invested and expended as set forth in such Use of Proceeds Certificate and the County shall comply with the covenants and representations contained therein and (ii) the County shall comply with the provisions of the Code so that interest on the Bonds and on the VPSA Bonds will remain excludable from gross income for Federal income tax purposes. 11. State Non-Arbitrage Program' Proceeds Agreement. The Board hereby determines that it is in the best interests of the County to authorize and direct the County Treasurer to participate in the State Non-Arbitrage Program in connection with the Bonds. The County Administrator and Chief Financial Officer, or either of them, and such officer or officers ofthe County as either of them may designate, are hereby authorized and directed to execute and deliver a Proceeds Agreement with respect to the deposit and investment of proceeds of the Bonds by and among the County, the other participants in the sale of the VPSA Bonds, the VPSA, the investment manager, and the depository substantially in the form on file with the County Administrator, which form is hereby approved. 12. Continu'n~ Disclosure Agreement. The County Administrator and Chief Financial Officer, or either of them, and such officer or officers of the County as either of them may designate are hereby authorized and directed (i) to execute a Continuing Disclosure Agreement, as set forth in Appendix F to the Bond Sale Agreement, setting forth the reports and notices to be filed by the County and containing such covenants as may be necessary in order to show compliance with the provisions of the Securities and Exchange Commission Rule 15c2-12 and (ii) to make all filings required by Section 3 of the Bond Sale Agreement should the County be determined by the VPSA to be MOP (as defined in the Continuing Disclosure Agreement). 13. Filing of Resolution. The appropriate officers or agents of the County are hereby authorized and directed to cause a certified copy of this Resolution to be filed with the Circuit Court of the County of Roanoke, Virginia. 14. Further Actions. The County Administrator, Chief Financial Officer, and such other officers, employees and agents of the County as either of them may designate are hereby authorized to take such action as the County Administrator or Chief Financial Officer may consider necessary or desirable in connection with the issuance and sale of the Bonds and any such action previously taken is hereby ratified and confirmed. 6 S-i 15. Effective Date. This Resolution shall take effect immediately. The undersigned Clerk of the Board of Supervisors of the County of Roanoke, Virginia, hereby certifies that the foregoing constitutes a true and correct extract from the minutes of a meeting of the Board of Supervisors held on September 25, 2001, and of the whole thereof so far as applicable to the matters referred to in such extract. I hereby further certify that such meeting was a regularly scheduled meeting and that, during the consideration ofthe foregoing resolution, a quorum was present. The front page of this Resolution accurately records (i) the members of the Board of Supervisors present at the meeting, (ii) the members who were absent from the meeting, and (iii) the vote of each member, including any abstentions. WITNESS MY HAND and the seal of the Board of Supervisors of the County of Roanoke, Virginia, this 25t'' day of September, 2001. TESTE: Clerk, Board of Supervisors of the County of Roanoke, Virginia (SEAL) -i EXHIBIT A (FORM OF TEMPORARY BOND) NO. TS-1 ~ UNITED STATES OF AMERICA COMMONWEALTH OF VIRGINIA COUNTY OF ROANOKE General Obligation School Bond Series 2001B The COUNTY OF ROANOKE, VIRGINIA (the "County"), for value received, hereby acknowledges itself indebted and promises to pay to the VIRGINIA PUBLIC SCHOOL AUTHORITY the principal amount of Dollars ($ ), in annual installments in the amounts set forth on Schedule I attached hereto payable on July 15, 2002 and annually on July 15 thereafter to and including July 15, 2021(each a "Principal Payment Date"), together with interest from the date of this Bond on the unpaid installments, payable semi-annually on January 15 and July 15 of each year commencing on July 15, 2002 (each an "Interest Payment Date";together with any Principal Payment Date, a "Payment Date"), at the rates per annum set forth on Schedule I attached hereto. Both principal of and interest on this Bond are payable in lawful money of the United States of America. For as long as the Virginia Public School Authority is the registered owner of this Bond, SunTrust Bank, Richmond, Virginia, as bond registrar (the "Bond Registrar") shall make all payments of principal of, premium, if any, and interest on this Bond, without presentation or surrender hereof; to the Virginia Public School Authority, in immediately available funds at or before 11:00 a.m. on the 1 S-i applicable Payment Date or date fixed for prepayment or redemption. If a Payment Date or date fixed for prepayment or redemption is not a business day for banks in the Commonwealth of Virginia or for the Commonwealth of Virginia, then the payment of principal of, premium, if any, or interest on this Bond shall be made in immediately available funds at or before 11:00 a.m. on the business day next preceding the scheduled Payment Date or date fixed for prepayment or redemption. Upon receipt by the registered owner of this Bond of said payments of principal, premium, if any, and interest, written acknowledgment of the receipt thereof shall be given promptly to the Bond Registrar, and the County shall be fully discharged of its obligation on this Bond to the extent of the payment so made. Upon final payment, this Bond shall be surrendered to the Bond Registrar for cancellation. The full faith and credit of the County are irrevocably pledged for the payment ofthe principal of, premium, if any, and interest on this Bond. The resolution adopted by the Board of Supervisors authorizing the issuance of the Bonds provides, and Section 15.2-2624 of the Code of Virginia of 1950, as amended, requires, that there shall be levied and collected an annual tax upon all taxable property in the County subject to local taxation sufficient to provide for the payment of the principal of, premium, if any, and interest on this Bond as the same shall become due which tax shall be without limitation as to rate or amount and shall be in addition to all other taxes authorized to be levied in the County to the extent other funds of the County are not lawfully available and appropriated for such purpose. This Bond is duly authorized and issued incompliance with and pursuant to the Constitution and laws of the Commonwealth of Virginia, including the Public Finance Act of 1991, Chapter 26, Title 15.2, Code of Virginia of 1950, as amended, and resolutions duly adopted by the Board of -2- ~- ~ Supervisors of the County and the School Board of the County to provide funds for capital projects for school purposes. This Bond may be exchanged without cost on twenty (20) days written notice from the Virginia Public School Authority, at the office of the Bond Registrar on one or more occasions for one or more temporary bonds or definitive bonds in marketable form and, in any case, in fully registered form, in denominations of $5,000 and whole multiples thereof, and having an equal aggregate principal amount, having principal installments or maturities and bearing interest at rates corresponding to the maturities of and the interest rates on the installments of principal of this Bond then unpaid. This Bond is registered in the name of the Virginia Public School Authority on the books of the County kept by the Bond Registrar, and the transfer of this Bond may be effected by the registered owner of this Bond only upon due execution of an assignment by such registered owner. Upon receipt of such assignment and the surrender of this Bond, the Bond Registrar shall exchange this Bond for definitive Bonds as hereinabove provided, such definitive Bonds to be registered on such registration books in the name of the assignee or assignees named in such assignment. The principal installments of this Bond are not subject to redemption or prepayment. All acts, conditions and things required by the Constitution and laws ofthe Commonwealth of Virginia to happen, exist or be performed precedent to and in the issuance of this Bond have happened, exist and have been performed in due time, form and manner as so required, and this Bond, together with all other indebtedness of the County, is within every debt and other limit prescribed by the Constitution and laws of the Commonwealth of Virginia. -3- ~' ~ IN WITNESS WHEREOF, the County of Roanoke, Virginia, has caused this Bond to be issued in the name of the County of Roanoke, Virginia, to be signed by the Chairman of the Board of Supervisors, its seal to be affixed hereto and attested by the signature of the Clerk of the Board of Supervisors, and this Bond to be dated November _, 2001. (SEAL) ATTEST: COUNTY OF ROANOKE, VIRGINIA By Clerk, Board of Supervisors Chairman, Board of Supervisors of the of the County of Roanoke, Virginia County of Roanoke, Virginia -4- S-i ASSIGNMENT FOR VALUE RECEIVED, the undersigned sells, assigns and transfers unto (PLEASE PRINT OR TYPEWRITE NAME AND ADDRESS, INCLUDING ZIP CODE, OF ASSIGNEE) the within Bond and irrevocably constitutes and appoints attorney to exchange said Bond for definitive bonds in lieu of which this Bond is issued and to register the transfer of such definitive bonds on the books kept for registration thereof, with full power of substitution in the premises. PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF ASSIGNEE: Dated: Signature Guaranteed: (NOTICE: Signature (s) must be guaranteed by an "eligible guarantor institution" meeting the requirements of the Bond Registrar which requirements will include membership or participation in STAMP or such other "signature guarantee program" as may be determined by the Bond Registrar in addition to, or in substitution for, STAMP, all in accordance with the Securities Exchange Act of 1934, as amended.) Registered Owner (NOTICE: The signature above must correspond with the name of the Registered Owner as it appears on the front of this Bond in every particular, without alteration or change.) M:\FINANCE\COMMON\Board-Repons\2001\9-25-Ol.vpsa.doc ACTION NO. ~~: ITEM NO. '" Jam.,. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 25, 2001 AGENDA ITEM: Public Hearing and Request to adopt a resolution authorizing the emergency use of Roanoke Valley Resource Authority landfill for disposal of asbestos resulting from the terrorist attack on the Pentagon COUNTY ADMINISTRATOR'S COMMENTS: BACKGROUND: The Virginia Department of Environmental Quality (DEQ) contacted the Roanoke Valley Resource Authority (RVRA) and three other Virginia landfills to determine if they could assist in the disposal of asbestos material from the September 11 terrorist attack on the Pentagon. These are the only landfills in Virginia that are currently permitted to accept asbestos. DEQ was informed of the restrictions on the RVRA from accepting waste from outside its service area however, because of the emergency nature of this request, RVRA advised DEQ that it would consult with its charter member jurisdictions (the County of Roanoke, City of Roanoke and Town of Vinton) to consider this request. The County of Roanoke has scheduled an advertised public hearing at 7:00 p.m. to receive citizen input on this request. A public hearing is not required on this item, however we wanted to give the citizens a chance to express any concerns that they may have. The terrorist attacks of September 11 changed the way America will operate in the future. At this time in this small way we can support our Country by accepting limited amounts of asbestos in the Smith Gap Landfill. Many other countries around the world are standing beside us in this fight against terrorism. Localities throughout the United States must sacrifice as well. We are appealing to the people who live in landfill .r'°~,,. area of the County to be involved in this decision because we have made promises to them that we must also keep. The initial contacts we have made indicate strong support for what we are doing. This is an emergency situation and we have an obligation to help where and when we can. This is a small sacrifice compared to the what many have sacrificed as a result of the terrorist attacks. SUMMARY OF INFORMATION: John Hubbard, the Chief Executive Officer of RVRA, advises us that the waste will be delivered directly to Smith Gap Landfill in tractor-trailer trucks, not by rail. This is the current procedure for all asbestos collected locally. In accordance with federal regulations and landfill policy, all asbestos is double bagged and transported with as little handling as possible. The process for transport of waste materials by rail involves turning the rail car at the tipper building and dumping all the waste on the floor where it is then put in trucks and taken to the site. This process would further break the asbestos and cause particles to become air-borne, thus causing further contamination. Because we are ranked third on the list of four landfills contacted (due to proximity), it is very possible the RVRA will not receive any material from this national emergency. If we should receive any waste, Mr. Hubbard estimated that there will be five (5) loads per day, and the total amount should not exceed 50,000 tons, which equals approximately 1/3 of one year's solid waste usually dumped by the member localities. He believes that the Resource Authority can adequately handle the additional waste without additional expense if it is delivered by 12:00 noon each day, Monday through Friday. The waste will be limited to asbestos only, which is currently permitted in the RVRA landfill, and no hazardous waste will be allowed. If the Board agrees to this request for emergency assistance, in accordance with the RVRA Charter, the Members Use Agreement and the Smith Gap Landfill Special Use Permit, the following approvals are generally necessary to authorize the possible use of the Transfer Station and disposal of the asbestos in the Smith Gap Landfill: (i) approval of all City and County representatives on the RVRA board; (ii) approval of Roanoke City Council; (iii) proper approval and authorization from Roanoke County Board of Supervisors under the Special Use Permit and Landfill Permit Conditions and Policies. It is also recommended by the Chief Executive Officer of RVRA that the Town of Vinton, as a Charter Member User, also approve this use. However, due to the emergency nature of this request, each locality is abbreviating these procedural steps to expedite assistance to our northern neighbors in their recovery efforts from these unprovoked attacks. This item will be considered at the following meetings: the RVRA on September 26, 2001; the Roanoke City Council on October 1, 2001; and the Vinton Town Council on October 2, 2001. 2 FISCAL IMPACTS: If the Board chooses to accept the waste from the Pentagon terrorist attack in the Smith Gap Landfill, it will result in additional revenue of $55.00 per ton for non-friable waste and $100.00 per ton for friable asbestos waste. This is the standard fee that the RVRA currently charges the member localities for their solid waste. The term "friable" means that the waste material is easily crumbled by hand, whereas non-friable waste material does not. ALTERNATIVES: 1) Adopt the attached resolution authorizing the Roanoke Valley Resource Authority to accept the material from the Pentagon terrorist attack for disposal in the Smith Gap Landfill. 2) Do no adopt the attached resolution which will result in the County's refusal to assist in this request for emergency assistance. STAFF RECOMMENDATION: Staff recommends Alternative #1, that the Board of Supervisors adopt the resolution authorizing the Roanoke Valley Resource Authority to provide emergency assistance in the removal of asbestos resulting from the terrorist attack on the Pentagon. Respectfully submitted, Elmer C. Hodge Count Administrator -------------------------------------------------------------------------------------------------------------------- ACTION VOTE No. Yes Abs Approved () Motion by: Church _ _ _ Denied () Johnson _ _ _ Received () McNamara- _ Referred () Minnix _ _ _ To () Nickens _ _ _ 3 .~-- r LEGAL NOTICE ROANOKE COUNTY BOARD OF SUPERVISORS The Roanoke County Board Of Supervisors will hold a public hearing to elicit citizen comment at 7 p.m. on Tuesday, September 25, 2001, in the Board Meeting Room of the Roanoke County Administration Center, 5204 Bernard Drive, Roanoke, VA on the following item: Request to adopt a resolution authorizing approval for the Roanoke Valley Resource Authority to provide emergency assistance by disposing of asbestos in the Smith Gap Landfill resulting from the September 11 terrorist attack on the Pentagon. Dated: September 21, 2001 Mary H. Allen, CMC Clerk to the Board Please publish in the Roanoke Times Tuesday, September 25, 2001 Direct the bill for publication to: Mary H. Allen Clerk to the Board P. O. Box 29800 Roanoke, VA 24018 SEND ORIGINAL AFFIDAVIT OF PUBLICATION TO: Mary H. Allen Clerk to the Board P. O. Box 29800 Roanoke, VA 24018 ~~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 25, 2001 RESOLUTION AUTHORIZING AND APPROVING THE USE OF ROANOKE VALLEY RESOURCE AUTHORITY FACILITIES FOR DISPOSAL OF ASBESTOS RESULTING FROM THE TERRORIST ATTACK ON THE PENTAGON WHEREAS, the Virginia Department of Environmental Quality (DEQ) has made inquiry of the Roanoke Valley Resource Authority (RVRA) to determine if it would be willing to use the Transfer Station located in Roanoke City and accept asbestos for disposal in the Smith Gap Landfill located in Roanoke County, as a result of the recent terrorist attack on the Pentagon; and, WHEREAS, RVRA has inquired of the Charter Member Users if they would be willing to authorize and approve such disposal; and, WHEREAS, Roanoke County desires to assist the federal and state authorities in responding to the recent terrorist attacks on the United States. BE IT RESOLVED, By the Board of Supervisors of Roanoke County, Virginia, as follows: 1) That it hereby authorizes and approves the use of the Smith Gap Landfill for the disposal of asbestos resulting from the recent terrorist attack on the United States Pentagon Building in Arlington, Virginia. That the disposal of this asbestos material be in accordance with all applicable environmental regulations, and be subject to the terms, conditions and restrictions as the Chief Executive Officer of the RVRA shall determine to be appropriate. 2) That this Resolution includes all necessary and appropriate amendments to the Special Use Permit and Landfill Permit Conditions and Operating Policies to approve and authorize the disposal of asbestos from the Pentagon in Smith Gap Landfill. 3) That the County representatives on the RVRA are encouraged to vote affirmatively on this proposal when it comes before the RVRA for decision, as required by the Members Use Agreement and the Articles of Incorporation. PETITIONER: DR. SILBERBLATT BLDG/PARKING LOT EXPANSION ~» ' CASE NUMBER: 31-9/2001 Planning Commission Hearing Date: September 4, 2001 Board of Supervisors Hearing Date: September 25, 2001 A. REQUEST The petition of Winds ~~~'~~..~.~~ R-1 Residential District to C-1 Office District ~ I clinic and related parking, located at 3~ ~Q--,C-~ .~~ ~ial District. B. CITIZEN COMMENT ~~Gz ~ n ~/' h d - ~~ Eleven residents spok concerns a They about increased traffic ~ m m S S ~ ~ ~ stormwater runoff, dec ~ of ex sti g trees~dOne citizen spoke in suppo C. SUMMARY OF COM11 Mr. John Murphy pre: ~ted the applicant. Mr. Natt described the ne 3ilberblatt to maintain his accreditation at th Mme discussion with staff related to the ty~ „ __.._ __...,.... y uatween this proposed commercial use and adjoining residential zoning. Mr. Ross inquired of staff if the proposed number of parking spaces was consistent with this use if it were a completely new facility built today. Staff responded that the proposed parking lot includes only the minimum number of spaces for the medical office use that the zoning ordinance requires. D. PROFFERED CONDITIONS • That the subject property will be used solely for parking purposes in conjunction with the medical office use on Tax Parcel 77.09-04-36. • That the parking plan will be in substantial conformity with the site plan identified as Option #2 and dated August 14, 2001, using the entrance, as approved by VDOT, in the existing location. • A proper application, in a reasonable period of time, will be submitted to the BZA to reduce the number of parking spaces required by the Roanoke County Ordinance. • Substantial buffering will be added to the lot such as will be discussed with the neighbors. E. COMMISSION ACTION(S) Mr. Thomason made a motion to approve the request with the proffered conditions. The motion passed 5-0. F. DISSENTING PERSPECTIVE None. G. ATTACHMENTS: _ Concept Plan _ Vicinity Map _ Staff Report _ Other Janet Scheid, Secretary Roanoke County Planning Commission 2 fi- STAFF REPORT Petitioner: Windsor House Inc. Request: Rezoning from R-1 to C-lconditional to permit parking expansion for a medical office Location: 3500 block of Pinevale Road (77.09-4-36.1) Magisterial District: Windsor Hills Proffered Conditions: 1. The subject property will be used solely for parking purposes in conjunction with the medical office use on Tax Parce177.09-4-36. 2. The parking plan will be in substantial conformity with the site plan identified as Option # 2 and dated August 14, 2001, using the entrance, as approved by VDOT, in the existing location. EXECUTIVE SUMMARY: Windsor House Inc. is requesting a rezoning from R-1 to C-1 conditional for a proposed parking area to only serve the medical office on the adjoining C-1 zoned parcel. The access to the proposed parking area would be from an existing entrance on Pinevale Road near the intersection of Brambleton Avenue. The subject parcel is designated Neighborhood Conservation and the proposed rezoning is generally in conformance with the 1998 Roanoke County Community Plan. The applicant has revised the original concept plan to minimize adverse impacts on the surrounding neighborhood by removing a proposed entrance on Pinevale Road and by adding additional screening near the northeast corner. Staff supports the proposed rezoning with the proffered conditions. 1. APPLICABLE REGULATIONS The existing medical office use at 3505 Brambleton Avenue is zoned C-1. The proposed expansion of this medical office use will require additional parking. The existing medical facility is approximately 3148 square feet with a 4993 square foot expansion proposed. In order to make the existing and proposed addition conform to current zoning regulations a total of 41 parking spaces would be required. The subject property is zoned R-1. In order to construct a parking lot to serve the medical office the subject property must also be zoned commercial. The parking requirements for a medical office are: 7 spaces per practitioner, or 1 space per 200 square feet, whichever is greater. For a new or reconfigured parking area the Roanoke County Zoning Ordinance requires a planting strip with a minimum width of six (6) feet between the parking area and adjacent right- of-way. Within the planting strip shall be one (1) large deciduous, large evergreen or small deciduous tree planted every 301inear feet as well as one (1) evergreen shrub every five (5) linear feet. A Type "C" screening and buffer yard is required between a C-1 and R-1 zoning. There are two options of the Type "C" requirements permitted. Option 1 requires a 6' screening fence and a 15- foot buffer yard. Option 2 requires a 25-foot buffer yard with small evergreen trees, 5 feet at time of planting; 1 tree per 15 linear feet of buffer yard and 18" shrubs, 5 feet on center or less. Site plan review shall be required to insure compliance with all development standards including -r- stormwater management. VDOT shall require a commercial entrance permit for any new or modified entrance or for a change of use. 2. ANALYSIS OF EXISTING CONDITIONS Topography/Vegetation -The parcel is wooded with mature hardwood trees with some light undergrowth. The elevation of the parcel is highest along the southern side and gradually declines to the north. Surrounding Neighborhood -The frontage parcels on the Brambleton Avenue corridor in this area have a Transition designation and the parcels to the rear of the Transition parcels are designated as Neighborhood Conservation in the 1998 Roanoke County Community Plan. The adjoining parcel to the northwest is zoned R-1 as well as the residential properties across Pinevale Road from the subject property. The medical office to the south is zoned C-1 with most of the frontage parcels on the north side of Brambleton Avenue, in this area, retaining a C-2 zoning. The Brambleton Corporate Center across Pinevale Road is zoned C-2 with the related parking extending deeper in to the neighborhood due to the shape of the lot. 3. ANALYSIS OF PROPOSED DEVELOPMENT Site LaXout/Architecture -The applicant has provided a concept plan that provides more than the minimum required screening between the proposed parking lot and the adjoining residential structure on Pinevale Road. No new access from the northern side of Pinevale Road is proposed. Access/Traffic Circulation -Access to the proposed parking lot is from the existing Pinevale Road entrance on the adjoining lot that serves the medical office. There is an existing entrance from Brambleton Avenue to the medical office. The estimated traffic count on Pinevale Road is 1440 vehicles per day between Brambleton Avenue and Lawndale Road. The estimated traffic count is 1100 on Pinevale Road from Lawndale Road to Garst Mill Road. As a comparison, Willetta Drive, which becomes Fleetwood Avenue (St. Rt. 1615) is parallel to Pinevale Road to the north and has an estimated daily traffic count of 1300 vehicles per day. Garst Mill Road at the intersection with Pinevale Road has an estimated 8900 vehicles per day. The estimated traffic count on Brambleton Avenue from Electric Road to the Roanoke City Limits is approximately 16,000 vehicles per day. The posted speed limit on Pinevale Road is 25 mph. VDOT has indicated that traffic generation information may be needed at time of site plan review to determine if additional turning lane will be required. Fire & Rescue/Utilities -Public water and sewer currently serve the medical office. Fire and rescue services will continue as presently served. 4. CONFORMANCE WITH ROANOKE COUNTY COMMUNITY PLAN The subject property is designated as Neighborhood Conservation in the 1998 Roanoke County Community Plan. This designation is the future land use area where established single-family neighborhoods are delineated and the conservation of the existing development pattern is encouraged. The encouraged land use types include single-family residential, neighborhood institutional centers such as schools, religious assembly facilities, recreational and park areas and community meeting areas. Neighborhood commercial is encouraged with low impact services. 2 ~~ 5. STAFF CONCLUSIONS The applicant is requesting a rezoning from R-1 to C-1 to allow for additional required parking for a proposed expansion of an existing medical office. The subject property is designated as Neighborhood Conservation in the 1998 Roanoke County Community Plan. The Neighborhood Conservation designation encourages the conservation of an existing development pattern. Adjoining the subject parcel is a R-1 zoned parcel as well as a C-1 zoned parcel. Across Pinevale Road is additional R-1 property but there is also C-2 zoned property currently housing the Brambleton Corporate Center, immediately across from this site, with the parking situated at the rear of the facility. The Neighborhood Conservation designation also allows for Neighborhood Commercial with low impact services for the neighborhood. No structures are proposed on the parcel and additional screening and landscaping is shown on the concept plan. The applicant revised the original concept plan removing an additional access point on the north side of Pinevale Road and proffered the revised concept plan using only the existing access. During plan review the County staff would employ the stormwater management requirements to manage any stormwater runoff. Staff would encourage an underground stormwater management facility, if possible, to help reduce the visual impact of the parking area and still meet the stormwater management goals. The estimated traffic count information from VDOT for Pinevale Road is consistent with other Urban Local roads intersecting with Garst Mill Road. Staff is supportive of the proposed rezoning with the proffered conditions. CASE NUMBER: 31-9/2001 PREPARED BY: John Murphy HEARING DATES: PC: September 4, 2001 BOS: September 25, 2001 T- County of Roanoke Community Development ' Planning & Zoning 5204 Bernard Drive P O Box 29800 Roanoke, VA 24018-0798 (540) 772-2068 FAX (~40) 772-2108 ALL APPLICANTS , Check type of application filed (check all that apply) ~ Rezoning O Special Use O Variance • rd A. Natt, 3912 Electric Road, Roanoke, VA 24018 725-8180 Applicants name/address w/zip Phone Windsor House, Inc. Fax No. 772-0126 C17rlT'P~CT: Edward A, Natt, 3912 Electric Road, Roanok~o eA 24018 725-8180 Owner sname/address w/ztp Windsor House, Inc. Fax No. 772-0126 Property Location ~ ~ '' Magisterial District: ~'~~e-~~r-i-rtg ~~~ t-"~'~' ~'`' /"r~'°` ^~_.~ l ,0'' P i neva I e Road Community Planning area: r-' _, ! ~; r t ~- a `~ Tax Nlap No.: 077.09-04-36.01 Existing Zoning: R1 Size of parcel(s): Acres: 0.398 acre Existin; Land Use: Vacant REZONING At~'D 5'PECI4L USE PERMIT rLPPLICANTS (Rt S) - Proposed Zoning: Cl Proposed Land Use: Ex ans i on o f med i ca I clinic and related ark i Does the parcel meet the minimum lot area, width, and frontage requirements of the requested district? Yes ~ No ~ IF NO, A VARIANCE IS REQL~ED FIRST. Does the parcel meet the minimum criteria for the requested Use Tyge? Yes ~ No ~ IF NO, A VARIANCE IS REQUIl2.ED FIRST If rezoning request, are conditions being proffered with this request'? Yes 1~ No ~ VARIANCE APPLICANTS (V) Variance of Section(s) of the Roanoke County Zoning Ordinance in order to: Fnr Ctaff 1Tce (~nlv Date received: 71a~/or Received by: ~ Application Fee: o o ~ 977 PC/BZA date: 9 f4! °,l Placards issued: BOS date: 9 laslo i ~ 4 Case Number 3~' ~'2~O f F Is the application complete? Please check if enclosed. APPLICATION WII.,L NOT BE ACCEPTED IF ANY OF THESE ITEII~IS ARE NIISSLVG OR INCOMPLETE. V V R V X ~ Consultation X 8 !/2" x 11" concept plan X Application fee X Application X Metes and bounds description X Proffers, if applicable ~ Tustification Water and sewer application Adjoining property owners I hereby certify that I am either the owner of the property or the owner's agent or contract purchaser and am acting with the knowledge and consent of the owner. W I NDSCR E, 1 NC. g ; Owner's Signature Its ~ Pfr ~ ; ~ •e ~. rt'" NS~'IFTCATION FOR. REZONL~IG OR SPECIr'iL LTSE`PERIYIIT REQTJEST ... Applicant WINDSOR HOUSE, INC. The Planning Commission will study rezoning and special use permit requests to determine the need and justification for the change in terms of public health, safety, and general welfare. Please answer the following questions as thoroughly as possible. Use additional space if necessary. Please explain how the request furthers the purposes of the Zoning Ordinance (Section 30-3) as well as the purpose found at the beginning of the applicable zoning district classification in the Zoning Ordinance. The purposes of the Zoning Ordinance will be furthered in that the rezoning request will allow for the expansion of an existing medical office facility. The medical office is a compatible use in the area and the use of the subject property for parking in connection therewith will have no negative impact on the adjoining properties. Please explain how the project conforms to the general guidelines and policies contained in the Roanoke County Community Plan. The proposed project conforms to the guidelines and policies contained in the Community Plan in that it allows a use existing between commercial and residential properties to be used in a manner that is not objectionable to the single-family residential properties in the area. Adequate screening and buffering from the parking will be in place. There will be no additional demand for services as a result of the use of the subject property for parking. Please describe the impact(s) of the request on the property itself, the adjoining properties, and the surrounding area, as well as the impacts on public services and facilities, including water/sewer, roads, schools, parks/recreation and fire and rescue. There will be no impacts on any of the items set out above as the result of the rezoning. 03105 ~~ ~.... ~IJt 1~f fi Fr AUG-15-2001 ©901 OSTERHOUDT PRILLAMAN NATT WINDSOR HOUSE DR. SILBERBLATT ~a~ +ss YJK ~• 15aGJ7740961 P.04ip -~- i `° 1 ~, . 3231 ~ 319 ~ 3 ~ O ~ ~ 13 0 °' ~ . 3235 a°, 319 ,~ 2 107 106 A _2 106 c~S ~ ~ `~ ~ a ~ 1 14 ~ _ ~ ~ ° 1~. N N 1~ A- 106 1 . 0 "' 14 . 3521 `- 3511 353 ,,,:~ 107.7 106.7 106.7 ~ne~'a~e Ra, 80.52 80, 52 203.46 ~~ ~ ~~: 3 3 . 351s ~, ~~ 3 ~".1 _ 3 4 . ~~ ~ 250 ~ ~o ~ ~~~~ ~ ~ N N ~s 3522 2 ~~ ~~ 3 8.4 W7 1 ~-2 ~ ~ ~~ ~ ._ 2.03 _ ~r ~~.,_ NORTH ,`~cP\ ~~ ~~ RDANOKE COUNTY Applicants Narne: iPindsor Iloticse, Inc. DEPARTMENT OF Zoning: Existing R1, Proposed C1 COMMUNITY DEVELOPMENT Tax Map No. 77.09-4-36.01 AUG-30-c001 10 48 OSTERHOUDT PRILLA~9AFJ MATT 15407740961 P. 03/03 "r -1 PROFFERS Address of Subject Propettv: Tax Mao No.: AppltCant's I'+lanle: 0 Pinevale Road Intersection of Pinevale Road and Lawndale Read Cave Spring Magisterial District Roanoke County 77.09-04-36.01 Windsor House, Inc. PRaF'k'E>itS The undersigned owner does hereby proffer the following conditions in conjunction with the rezoning request: 1. That the subject property will be users solely far parking purposes in conjunction with the medical office use on Tax Parce177.09-0436. 2. That the parking plan will be in substantial confo:tnity with the site plan identified as Option #2 and dated August 14, 2001, using the entrance, as approved by VDOT, in the existing location. `WIN~SQR HOUSE, ~ • BY ITS ~VOT,T,1'~SYSbtnik\UserH\CBaumgurdnerlZONRVd\Silberblatt-Windsor Huse PAUFFSILS.doc TOTAL P.03 T- t LEGAL DESCRIPTION Address of Sul~ect Property: 0 Pinevale Road Intersection of Pinevale Road and Lawndale Road Cave Spring Magisterial District Roanoke County ` Tax MaQNo.: 77.09-04-36.01 Applicant's Name: Windsor House, Inc. METES AND BOUNDS BEGINNING at a point on the westerly side of Pinevale Road at the northeast corner of Lot 2, containing 0.650 acre (Tax No. 77.09-04-36); thence leaving Pinevale Road S. 60° 25' 00" W. 173.50 feet to a point; thence N. 28° 24' 20" W. 25.00 feet to a point; thence N. 20° 47' 45" W. 145.46 feet to a point on the southerly line of Pinevale Road; thence with the same S. 77° 26' 19" E. 203.46 feet to a point on the westerly side of Pinevale Road; thence S. 29° 25' 20" E. 32.23 feet to the point and place of BEGINNING, and containing 0.398 acre, and being designated-as Lot 1 (Tax Map No. 77.09-04-36.1) on "Topographic Survey Made for Windsor House, Inc. of Lots 1 and 2, Dell F. Critcher and Floyd T. Critcher Subdivision (Plat Book 15, Page 123), prepared by- David A. Bess, L.L.C. under date of July 19, 2001. \VOLLY\SYS\otnak\Users\CBaumgardner\ZONING\Silberblatt-Windsor House LEGAL.doc ~-r AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, SEPTEMBER 25, 2001 ORDINANCE TO CHANGE THE ZONING CLASSIFICATION OF A 0.398-ACRE TRACT OF REAL ESTATE LOCATED AT 2501 PINEVALE ROAD, (TAX MAP NO. 077.09-04-36.01) IN THE CAVE SPRING MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF R-1 RESIDENTIAL DISTRICT TO THE ZONING CLASSIFICATION OF C-1 OFFICE DISTRICT WITH CONDITIONS UPON THE APPLICATION OF WINDSOR HOUSE, INC. WHEREAS, the first reading of this ordinance was held on August 28, 2001, and the second reading and public hearing were held September 25, 2001; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on September 4, 2001; and WHEREAS, legal notice and advertisement has been provided as required by law. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: That the zoning classification of a certain tract of real estate containing 0.398 acres, as described herein, and located at 2501 Pinevale Road (Tax Map Number 077.09-04-36.01) in the Cave Spring Magisterial District, is hereby changed from the zoning classification of R-1, Residential District, to the zoning classification of C-1, Office District. 2. That this action is taken upon the application of Windsor House, Inc. That the owner of the property has voluntarily proffered in writing the following conditions which the Board of Supervisors of Roanoke County, Virginia, hereby accepts: 1) That the subject property will be used solely for parking purposes in conj unction with the medical office use on Tax Parce177.09-04-36. 2) That screening and buffering will be in accordance with the Roanoke County Zoning Ordinance. 4. That said real estate is more fully described as follows: G:\ATTORNEY\PMM\AGENDA\windsor house rezone.ord 1 ,. T- BEGINNING at a point on the westerly side of Pinevale Road at the northeast corner of Lot 2, containing 0.650 acre (Tax No. 77.09-04-36); thence leaving Pinevale Road S. 60° 25' 00" W. 173.50 feet to a point; thence N. 28° 24' 20" W. 25.00 feet to a point; thence N. 20° 47' 45" W. 145.46 feet to a point on the southerly line of Pinevale Road; thence with the same S. 77° 26' 19" E. 203.46 feet to a point on the westerly side of Pinevale Road; thence S. 29° 25' 20" E. 32.23 feet to the point and place of BEGINNING, and containing 0.398 acre, and being designated as Lot 1 (Tax Map No. 77.09-04-36.1) on "Topographic Survey Made for Windsor House, Inc. of Lots 1 and 2", Dell F. Critcher and Floyd T. Critcher Subdivision (Plat Book 15, Page 123), prepared by David A. Bess, L.L.C. under date of July 19, 2001. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed to amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. G:\ATTORNEY\PMM\AGENDA\windsor house rezone.ord 2 o~ QOANp,,~~ AGENDA ITEM NO. .~ ~i n e v~q-~~ Z o aZ J :, , ~83a APPEARANCE REQUEST PUBLIC HEARING ORDINANCE ~ CITIZEN COMMENTS SUBJECT: 1;~;'i Y1 I would like the Chairman of the Board of Supervisors to recognize me during the meeting on the above matter so that I may comment. WHEN CALLED TO THE LECTERN, / W/LL G/VE MY NAME AND ADDRESS FOR THE RECORD, /AGREE TO AB/DE BY THE GU/DEL/NES L/STED BELOW.- ^ Each speaker will be given between three to five minutes to comment whether speaking as an individual or representative. The Chairman will decide the time limit based on the number of citizens speaking on an issue, and will enforce the rule unless instructed by the majority of the Board to do otherwise. ^ The speaker will be limited to a presentation of his/her point of view only. Questions of clarification may be entertained by the Chairman. ^ All comments must be directed to the Board. Debate between a recognized speaker and audience members is not allowed. ^ Both speakers and the audience will exercise courtesy at all times. ^ Speakers are requested to leave any written statements and/or comments with the Clerk to the Board. ^ Individuals speaking on behalf of an organized group shall file with the Clerk written authorization from the Group allowing the individual to represent them. PLEASE PRINT LEGIBLY AND GIVE TO THE CLERK TO THE BOARD NAME : ~ ~, ~ ~ Y l S f 1~ ~.'~; i ~Z L:', ..--~ r ~, ,~I 1, / ADDRESS: , ~ ~ G' ~~ T G I~1Cr ~!"cc[~- 1~ ~ . ~ ~~. PHONE: ~ ~ ~~ _ -~ ~ 'L' `~ o~ POANp,Y~ AGENDA ITEM NO. ~~ " ' Z ~ aZ X838 APPEARANCE REQUEST PUBLIC HEARING ORDINANCE CITIZEN COMMENTS 1~7sv~~ ~"2 /-~vV~~J SUBJECT: I~Y k'/<~.t'/~ ~0.7" ~l'i ~ ?_~x~~,vs /~rev.~ ~s.~-~ I would like the Chairman of the Board of Supervisors to recognize me during the meeting on the above matter so that I may comment. WHEN CALLED TO THE LECTERN, / W/LL G/VE MY NAME AND ADDRESS FOR THE RECORD, /AGREE TO AB/DE BY THE GU/DEL/NES L/STED BELOW: ^ Each speaker will be given between three to five minutes to comment whether speaking as an individual or representative. The Chairman will decide the time limit based on the number of citizens speaking on an issue, and will enforce the rule unless instructed by the majority of the Board to do otherwise. ^ The speaker will be limited to a presentation of his/her point of view only. Questions of clarification may be entertained by the Chairman. ^ All comments must be directed to the Board. Debate between a recognized speaker and audience members is not allowed. ^ Both speakers and the audience will exercise courtesy at all times. ^ Speakers are requested to leave any written statements and/or comments with the Clerk to the Board. ^ Individuals speaking on behalf of an organized group shall file with the Clerk written authorization from the Group allowing the individual to represent them. PLEASE PRINT LEGIBLY AND GIVE TO THE CLERK TO THE BOARD NAME: /~~"~~`~ Lt/l /t/G-~ ~,~ L1~ ADDRESS: 3 S.2 2 %~ 1 ~~~ `~ ,(, ,~ /C'0~~) S'W ~~d ~ll/O~~' PHONE: 7 ~ ~ ©5~ Z Z o~ QOANp~~ AGENDA ITEM NO. ~~ Z o ,_ v ,a 1838 APPEARANCE REQUEST PUBLIC HEARING ORDINANCE / CITIZEN COMMENTS SUBJECT: ~r Ji ~_!~?~ r ~~ 4 I would like the Chairman of the Board of Supervisors to recognize me during the meeting on the above matter so that I may comment. WHEN CALLED TO THE LECTERN, / W/LL G/VE MY NAME AND ADDRESS FOR THE RECORD, /AGREE TO AB/DE BY THE GU/DEL/NES L/STED BELOW.- ^ Each speaker will be given between three to five minutes to comment whether speaking as an individual or representative. The Chairman will decide the time limit based on the number of citizens speaking on an issue, and will enforce the rule unless instructed by the majority of the Board to do otherwise. ^ u ^ ^ ^ The speaker will be limited to a presentation of his/her point of view only. Questions of clarification may be entertained by the Chairman. All comments must be directed to the Board. Debate between a recognized speaker and audience members is not allowed. Both speakers and the audience will exercise courtesy at all times. Speakers are requested to leave any written statements and/or comments with the Clerk to the Board. Individuals speaking on behalf of an organized group shall file with the Clerk written authorization from the Group allowing the individual to represent them. PLEASE PRINT LEGIBLY AND GIVE TO THE CLERK TO THE BOARD NAME: CV' ~ i ('~ C~...~ ,~ i` ADDRESS: ~ y ~ Z. ~^ C' ~ `~- W ~,~ ~`f', PHONE: ~q Z SO C~ ~t~rlle V of p,OANpk~ AGENDA ITEM NO. ~~ Z ,. ~, v .:aZ ,838 APPEARANCE REQUEST PUBLIC HEARING ORDINANCE CITIZEN COMMENTS SUBJECT: ~~ r~ e Y a /~ !'e z-o ,-~ I would like the Chairman of the Board of Supervisors to recognize me during the meeting on the above matter so that I may comment. WHEN CALLED TO THE LECTERN, / W/LL G/VE MY NAME AND ADDRESS FOR THE RECORD, /AGREE TO AB/DE BY THE G[//DEL/NES L/STED BELOW; ^ Each speaker will be given between three to five minutes to comment whether speaking as an individual or representative. The Chairman will decide the time limit based on the number of citizens speaking on an issue, and will enforce the rule unless instructed by the majority of the Board to do otherwise. ^ The speaker will be limited to a presentation of his/her point of view only. Questions of clarification may be entertained by the Chairman. ^ All comments must be directed to the Board. Debate between a recognized speaker and audience members is not allowed. ^ Both speakers and the audience will exercise courtesy at all times. ^ Speakers are requested to leave any written statements and/or comments with the Clerk to the Board. ^ Individuals speaking on behalf of an organized group shall file with the Clerk written authorization from the Group allowing the individual to represent them. PLEASE PRINT LEGIBLY AND GIVE TO THE CLERK TO THE BOARD NAME: ~ ~ ~iU 1~~ y p ~ ~-- ADDRESS: ~ 5 ~ I ~ ~ ~' ~ y ~ ~ ~ PHONE: ~ ~ ~ ~ ~ y ~ °~ ~°P'"0~F AGENDA ITEM NO. Z ,2 OJ °,a~ 1838 APPEARANCE REQUEST /PUBLIC HEARING ORDINANCE CITIZEN COMMENTS SUBJECT: e I would like the Chairman of the Board of Supervisors to recognize me during the meeting on the above matter so that I may comment. WHEN CALLED TO THE LECTERN, / W/LL G/VE MY NAME AND ADDRESS FOR THE RECORD. /AGREE TO AB/DE BY THE GU/DEL/NES L/STED BELOW-- ^ Each speaker will be given between three to five minutes to comment whether speaking as an individual or representative. The Chairman will decide the time limit based on the number of citizens speaking on an issue, and will enforce the rule unless instructed by the majority of the Board to do othenrvise. ^ The speaker will be limited to a presentation of his/her point of view only. Questions of clarification may be entertained by the Chairman. ^ All comments must be directed to the Board. Debate between a recognized speaker and audience members is not allowed. ^ Both speakers and the audience will exercise courtesy at all times. ^ Speakers are requested to leave any written statements and/or comments with the Clerk to the Board. ^ Individuals speaking on behalf of an organized group shall file with the Clerk written authorization from the Group allowing the individual to represent them. PLEASE PRINT LEGIBLY AND GIVE TO THE CLERK TO THE BOARD NAME: ADDRESS: ~ ~ ~ S OC' /~- C'~ct / (-' ~ C~ ~ S~ Gt/° ~ ~~'U f PHONE: ~ ~~/-~ ~ ~ 7 o~ Aoarvo,~F AGENDA ITEM NO. ~~ Z 0 2 v :, a ,838 APPEARANCE REQUEST ~~PUBLIC HEARING ORDINANCE ~ CITIZEN COMMENTS SUBJECT: ~ %~~~' ~'~ ~~~ ~C~ I would like the Chairman of the Board of Supervisors to recognize me during the meeting on the above matter so that I may comment. WHEN CALLED TO THE LECTERN, / W/LL G/VE MY NAME AND ADDRESS FOR THE RECORD. /AGREE TO AB/DE BY THE GU/DEL/NES L/STED C~~S~~1 A ^ Each speaker will be given between three to five minutes to comment whether speaking as an individual or representative. The Chairman will decide the time limit based on the number of citizens speaking on an issue, and will enforce the rule unless instructed by the majority of the Board to do otherwise. ^ The speaker will be limited to a presentation of his/her point of view only. Questions of clarification may be entertained by the Chairman. ^ All comments must be directed to the Board. Debate between a recognized speaker and audience members is not allowed. ^ Both speakers and the audience will exercise courtesy at all times. ^ Speakers are requested to leave any written statements and/or comments with the Clerk to the Board. ^ Individuals speaking on behalf of an organized group shall file with the Clerk written authorization from the Group allowing the individual to represent them. PLEASE PRINT LEGIBLY AND GIVE TO THE CLERK TO THE BOARD NAME: ~ C~.~C- ~~le~~" ~~ ~ ~~~'S ADDRESS: c~ ~ l ~~ /-~%~F e/~% ,~~,~ -S ~,,I PHONE: ~ ~~ ~ ~ ~ ~~ AGENDA ITEM NO. 3~/ APPEARANCE REQUEST UBLIC HEARING ORDINANCE _ ___ CITIZEN COMMENTS SUBJECT: '`~'s~ ~- ~%~'L~ ~~~, I would like the Chairman of the Board of Supervisors to recognize me during the meeting on the above matter so that I may comment. WHEN CALLED TO THE LECTERN, / W/LL G/VE MY NAME AND ADDRESS FOR THE RECORD, /AGREE TO AB/DE BY THE GU/DEL/NES L/STED BELOW.- ^ Each speaker will be given between three to five minutes to comment whether speaking as an individual or representative. The Chairman will decide the time limit based on the number of citizens speaking on an issue, and will enforce the rule unless instructed by the majority of the Board to do otherwise. ^ The speaker will be limited to a presentation of his/her point of view only. Questions of clarification may be entertained by the Chairman. ^ All comments must be directed to the Board. Debate between a recognized speaker and audience members is not allowed. ^ Both speakers and the audience will exercise courtesy at all times. ^ Speakers are requested to leave any written statements and/or comments with the Clerk to the Board. ^ Individuals speaking on behalf of an organized group shall file with the Clerk written authorization from the Group allowing the individual to represent them. PLEASE PRINT LEGIBLY AND GIVE TO THE CLERK TO THE BOARD NAME: ~%~~~ ~~~ i ~t~ ADDRESS: 31Z 3 L~w~;~.~/.~~ /~~ PHONE: ~~ ~~~~ ~OZZo o~ Poan-o,~F AGENDA ITEM NO. ~ ~ ~~ z Z p , L• ,83a APPEARANCE REQUEST ,~ ~,, PUBLIC HEARING ORDINANCE CITIZEN COMMENTS SUBJECT: ~~~ ~ ~~ ~~ I would like the Chairman of the Board of Supervisors to recognize me during the meeting on the above matter so that I may comment. WHEN CALLED TO THE LECTERN, / W/LL G/VE MY NAME AND ADDRESS FOR THE RECORD. /AGREE TO AB/DE BY THE GU/DEL/NES L/STED ~~~A ^ Each speaker will be given between three to five minutes to comment whether speaking as an individual or representative. The Chairman will decide the time limit based on the number of citizens speaking on an issue, and will enforce the rule unless instructed by the majority of the Board to do otherwise. ^ The speaker will be limited to a presentation of his/her point of view only. Questions of clarification may be entertained by the Chairman. ^ All comments must be directed to the Board. Debate between a recognized speaker and audience members is not allowed. ^ Both speakers and the audience will exercise courtesy at all times. ^ Speakers are requested to leave any written statements and/or comments with the Clerk to the Board. ^ Individuals speaking on behalf of an organized group shall file with the Clerk written authorization from the Group allowing fhe individual to represent them. PLEASE PRINT LEGIBLY AND GIVE TO THE CLERK TO THE BOARD NAME: C ~e p~ ADDRESS: 3Z3`I OF~K l~l~ LE, K,~ S ~/ PHONE: ~ ~`~ ~ 7O S o~ AOANp~~ AGENDA ITEM NO. ti '~ 9 2 `~ ~ Z J =ate ~83a APPEARANCE REQUEST PUBLIC HEARING ORDINANCE CITIZEN COMMENTS SUBJECT: ~~ ~~ ~~ I would like the Chairman of the Board of Supervisors to recognize me during the meeting on the above matter so that I may comment. WHEN CALLED TO THE LECTERN, / W/LL G/VE MY NAME AND ADDRESS FOR THE RECORD. /AGREE TO AB/DE BY THE GU/DEL/NES L/STED BELOW: ^ Each speaker will be given between three to five minutes to comment whether speaking as an individual or representative. The Chairman will decide the time limit based on the number of citizens speaking on an issue, and will enforce the rule unless instructed by the majority of the Board to do otherwise. ^ The speaker will be limited to a presentation of his/her point of view only. Questions of clarification may be entertained by the Chairman. ^ All comments must be directed to the Board. Debate between a recognized speaker and audience members is not allowed. ^ Both speakers and the audience will exercise courtesy at all times. ^ Speakers are requested to leave any written statements and/or comments with the Clerk to the Board. ^ Individuals speaking on behalf of an organized group shall file with the Clerk written authorization from the Group allowing fhe individual to represent them. PLEASE PRINT LEGIBLY AND GIVE TO THE CLERK TO THE BOARD NAME: ~ ~~ ~ ° ~~ , ~`-'~ , ~~ -~ ~, ~ ~ ~ ADDRESS: ,~ ~~ ~ ~ I`-n~- ~)a.~c~ ~CI. 5 ~,t. _ PHONE: ~~~ - ~ ~ ~ aQ PEA"~'YF AGENDA ITEM NO. _~ .~ Z ~OJ 4,aZ 1838 APPEARANCE REQUEST _cUBLIC HEARING ORDINANCE CITIZEN COMMENTS SUBJECT: ~tlin~~~0~/~~' ~E'z6it/~iV ~~a~~5~ I would like the Chairman of the Board of Supervisors to recognize me during the meeting on the above matter so that I may comment. WHEN CALLED TO THE LECTERN, / W/LL G/VE MY NAME AND ADDRESS FOR THE RECORD, /AGREE TO AB/DE BY THE GU/DEL/NES L/STED BELOW: ^ Each speaker will be given between three to five minutes to comment whether speaking as an individual or representative. The Chairman will decide the time limit based on the number of citizens speaking on an issue, and will enforce the rule unless instructed by the majority of the Board to do otherwise. ^ The speaker will be limited to a presentation of his/her point of view only. Questions of clarification may be entertained by the Chairman. ^ All comments must be directed to the Board. Debate between a recognized speaker and audience members is not allowed. ^ Both speakers and the audience will exercise courtesy at all times. ^ Speakers are requested to leave any written statements and/or comments with the Clerk to the Board. ^ Individuals speaking on behalf of an organized group shall file with the Clerk written authorization from the Group allowing the individual to represent them. PLEASE PRINT LEGIBLY AND GIVE TO THE CLERK TO THE BOARD NAME: ~AkEN /~f7TC.C/~"F ADDRESS: 3S~/e P~/~VA~,~ ~AjL~ RO~iN/I.~C V,4 ,ZOO/~ PHONE: ~~~ -~7,~(~ ., ~,~ o~ ~,oANO,~F AGENDA ITEM NO. ~* Z OJ ., a ,83a APPEARANCE REQUEST l~/ PUBLIC HEARING ORDINANCE CITIZEN COMMENTS SUBJECT: I would like the Chairman of the Board of Supervisors to recognize me during the meeting on the above matter so that I may comment. WHEN CALLED TO THE LECTERN, / W/LL G/VE MY NAME AND ADDRESS FOR THE RECORD. /AGREE TO AB/DE BY THE GU/DEL/NES L/STED BELOW-- ^ Each speaker will be given between three to five minutes to comment whether speaking as an individual or representative. The Chairman will decide the time limit based on the number of citizens speaking on an issue, and will enforce the rule unless instructed by the majority of the Board to do otherwise. ^ The speaker will be limited to a presentation of his/her point of view only. Questions of clarification may be entertained by the Chairman. t ^ All comments must be directed to the Board. Debate between a recognized speaker and audience members is not allowed. ^ Both speakers and the audience will exercise courtesy at all times. ^ Speakers are requested to leave any written statements and/or comments with the Clerk to the Board. ^ Individuals speaking on behalf of an organized group shall file with the Clerk written authorization from the Group allowing the individual to represent them. PLEASE PRINT LEGIBLY AND GIVE TO THE CLERK TO THE BOARD NAME: _~ ~'_~~ ADDRESS: ~ ~ Q j l~ PHONE: °J'~ ~' - ~'1C~ ent by: Piedmont Region Social Services 540 857 7364; 09/25/01 12:32PM;J~tFAx #857; Page 1/3 ~. FAX MEMO P a g e S ~~ Q-~ U~,'i, 5 fi2.c 1o clt c. C~L. C.~ 12L~ {Inc1 ud~ng this ~~- '- sheet) _, ~ ~ ~ PATE: .~ D T0: LOCATION: TIME• la ~ 30 per,„, -~. FAX #• '? ~" ~- f 3 FRaM : ~- LOCATION: pe artment of Social Services Piedmon a Tonal Office FAX ~; (540) 857 - 7364 PHONE : o ~ ~- ~' ~ s S ent by: Piedmont Region Social Services 540 857 7364; 09/25/01 12:33PM;JetFax #857; Page 2/3 September 24, 240I Mr. Joseph McNamara Roanoke Co. Board of Supervisors Roanoke, 'VA bear Mr. McNamara: I am writing in response to the proposed rezoning of the 3500 block of Pinevale Road in Berwick Heights in the Cave Spring Magisterial District. Windsor House (Dr. Silverblatt's clinic) has petitioned to rezone this property from R-1 residential to C-1 office district. I attended the zoning meeting on September 4, 2001 regarding this issue and was extremely disappointed. I felt that the planning commission had already decided their votes, and the many attendees concerns were not listened to or responded to adequately. I am very opposed to the rezoning petition. Asa 23-year resident of the 3700 block of Pinevale Road, 1 have seen the traffic increase at least ten-fold. When the traffic pattern was changed on Garst Mill Road and Brambleton Avenue and the light added several years ago, it was closed off to traffic and all traffic was routed through our street. At that tithe, anyone not knowing that this is acct-through from Brambleton to Garst Mill Road learned about it, and traffic increased tremendously. Where we could once get out and take a walk in the evening or morning hours, we now have to fight for our lives with high traffic speeding through at unbelievable speeds. We cannot comfortably allow our children to play in the front yard near the road or let them ride their bicycles, and calls to the County and 'VDQT regarding this problem have not helped. Mr, Murphy from the zoning ofI"ice stated at the September 4~ meeting that VDOT had confirmed that the iraff c through this street was consistent with other streets adjoining Brambleton Avenue and/or Garst Mill Road. I questioned him at the meeting regarding that statement. Only once in 23 years (approximately 10-15 years ago) was a counter placed on Pinevale to gauge trafTic and/or traffic speed. This rues done BEFORE the entire area was routed though here with the changes made at the intersection of Garst Mill and Brambleton. The traffic through this street is NQT consistent with traffic going from Brambleton to other streets such as FleeiwovdlWilletta, or through Larson Lane. Additional traffic through this areal with the proposed re-zoning will only make this worse. There have been 3 auidcnts in front of our house (iii the curve) of which I am aware, as well as at least one accident directly across the street from Dr. Silverblatt's office from traffic through Pinevale, There will be additional people entering and exiting the parking lot, creating additional hazards and opportunities for accidents and loss of lives. There will be increased noise as well as a loss of aesthetics. The park-like and wooded areas are what drew others and us to Roanoke County, Since that tune, there have been vast areas surroundins us that have been clear cut ofall vegetation, mGrcly to add more office buildings, parking lots, and apartments while many apartment complexes and business buildings in this area have continual vacancies. It has had an extremely negative impact on our area. Clear-cutting the wooded area behind the clinic on Pinevale will only continue to add to this problem. ent by: Piedmont Region Social Services 540 857 7364; 09/25/01 12:33PM;jetFax #857; Page 3/3 Page 2 Ifistoricaliy, houses in Berwick. I~eights sell quickly-usually within days, There are now houses on the market on Pinevale {as welt as other side streets) that have been for sale for 6 months or longer. Adding additional distractions and sleazing the residential setting wilt only continue to decrease demand and lower property values. This request for re-zoning has been proposed in the past and was rejected due to negative impact and opposition from the surrounding neighborhoods. After the previous re-zoning request, Dr. Silverblatt agreed to buy and use the property under its present residential zoning, if the R-1 zoning is changed to of~`ice zoning, there is no guarantee what will happen in the future, 'VVe have already seen a small gas station /car wash on Brambleton (near Pinevale) changed into a car lot rivaling those on V~iltiamson Road. Residents of this area do not wish to have to petition and argue to save property values and aesthetics over and over again. There is an empty building beside the 17octor's office on Brambleton already zoned as C-I. Why couldn't that space or part of the perking area there be utilized instead? Please consider the opposition of the residents and neighbors and reject the proposed re-zoning. Y plan to be at the meeting on September 25. If you have questions or need to contact me, please call me at work at 857-6451 unti14;00 p.m. or at home at 774-3009. Before deciding this issue, please ask yourself "Would I want a 41 car parking lot right besidelin front of my residential home? Would I want to look out my picture window and see more pavement and more cars?" Thank you for your consideration. Sincerely, Christie P. Wray / Paul L. Wray c: Mr. Fuzzy Minnix Mr. Ronnie Church Mr. Bob Johnson Mr. Harry Nickens September 14, 2001 ~~~ ~ 4 ?f~~~l Dear Mr. Minnix: I'm enclosing petitions signed by 97 Pinevale area homeowners who strongly oppose Dr. Silberblatt's attempt to put a parking lot on Pinevale Road. Please note that the signatures represent not just Pinevale but all intersecting streets, including two that are just off Garst Mill. In short, opposition is widespread. At the Sept. 4 zoning commission hearing, the doctor's team asserted that by removing a proposed driveway on Pinevale and by proposed "buffering'' between the parking lot and the adjacent residence, they had met the residents' concerns. This is not true. "Buffering" is not the issue: the issue is taking a residential street and making it commercial. Two main points should be noted: 1) Dr. Silberblatt's team repeatedly stressed that the Brambleton Corporate Center already has a parking lot in the area. But the two situations are hardly similar. From Brambleton Avenue, Pinevale curves sharply to the east, away from the existing lot, which is not even visible to most houses on Pinevale, except the two on the corner. Dr. Silberblatt's parking lot, by contrast, would face four houses and abut one. It would be right in our faces. I urge you to visit the site and see for yourself. 2) Dr. Silberblatt says he has no alternative to the Pinevale rezoning. Not so. There is vacant commercial space on Brambleton to the left of his building. Also next door is a little-used lot belonging to Apex Environmental; Charlie Crawford, manager, says the doctor's patients are welcome to park there. (Mr. Crawford's phone number is 776-8157). In addition, there is plenty of vacant space in front of the doctor's building which could be used for additional parking. No doubt the doctor doesn't wish to spoil the appearance of his building; but should he be allowed to spoil the appearance of our street instead? Dr. Silberblatt told me that while the county requires 41 parking spaces for the square footage he plans to add, he doesn't need that many and hopes neighborhood opposition will enable him to obtain a variance for fewer spaces. His own plan shows just 28 spaces (the doctor's map is enclosed). The vacant space in front of and next to his building might accommodate that amount of parking. Has he even investigated this possibility? We homeowners oppose this rezoning because realtors say it will depress property values and because making residential property commercial is a dangerous precedent -- what happens should the doctor decide to move? For all these reasons, we respectfully urge the Board of Supervisors to reject this rezoning. Very truly yours, Joan B. Bugbee (Mrs. George A. Bugbee) ~~~ , ~- ~ f ~ /~},~ ~-~ v v' ~' j ~~Y~~ /ti~~ ~ LPL C ~ e1 PETITION OPPOSING PINEVALE REZONING Dr. Enrique Silberblatt, who owns the lot on Pinevale Road behind his Brainbleton Ave. property, has petitioned the County Board of Supervisors to rezone tlxe lot fronx residential to commercial. He plans to expand his clinic and turn this residential l property into a parking lot. The undersigned homeowners oppose this rezoning because it will substantially change the residential character of the neighborhood, open the door to future commercial use for other purposes and negatively impact our property values. Name Address Phone Number ..~ ,~r ~L71 ~ ' ,).,~jY• i~titiG _~S :_~c~. +'' ~~>L~..N~ ~t /~-- ( -.- l ~~ 7 ~f~ ~ , ~/~ r v ~ ~ ~53Co f~~i9cLr K/'J i'7~~~7~U ~a~. -~. ~--, ~. ~- ~ NA ~ ~ ~~ 5 t ~z ~ rev ~ U ~ l E Ord ~ LF ~~ ~ ~~ ~ ~ y~ .~ S~Ye~-s PETITION OPPOSING PINEVALE REZONING ' Dr. Enrique Silberblatt, who owns the lot on Pinevale Road behind his Brambleton Ave. property, has petitioned the County Board of Supervisors to rezone the lot from residential to commercial. He plans to expand his clinic and turn this residential property into a parking lot. The undersigned homeowners oppose this rezoning because it will substantially change the residential character of the neighborhood, open the door to future commercial use for other purposes and negatively impact our property values. Name Address Phone Number 5~9' f ~ 7G-o~o~ I ~ ~~ ~ ~G ~. ~ ~ ~ ~~~~ 7~5 - - ~ ~~ -n~ ~ eYi o 3z~3 -x.~ ~c~ 9~ ~//O~ ~~1, ~~ v o ~3~3 ~ ~ ~ ~'J !I~ J~ar~2s'a~-ea' .36zo ~' d 77_30 ~; _ 7 ~ z ~~ ~7 ~ 3G3 Z ~l ~ (~c,~ _ ~Z~ 1- ~ 237. vat n e r cs ~ ~'~- 1 ~h U I ~'~ -` S 5 - ~~~ '~~~ ~~z ~~ ~ ~~ ~ `~ 3 ~~ c~ ~7 ~t~ ~ ~7G1 , q ~ y ~ 3 G t. _ ,~ ~_S t ~, ~ ~> , ~ ~,~ N' ~_ ~ 7 y F- S r i ~1. `~J PETITION OPPOSING PINEVALE REZONING `' ~'`~``K-`~ ,~ ~, ..t..~ e Dr. Enrique Silberblatt, who owns the lot on Pinevale Road behind his Brambleton Ave. property, has petitioned the County Board of Supervisors to rezone the lot from residential to commercial. He plans to expand his clinic and turn this residential property into a parking lot. The undersigned homeowners oppose this rezoning because it will substantially change the residential character of the neighborhood, open the door to future commercial use for other purposes and negatively impact our property values. Name Address Phone Number .. / __ "..G ~> \ ~' ,~~1~L :.J ~J~~r f"~,~-~` "lei`-J ~ ~{',~'~ ._S, , ~~ ~ ~~ ~ ~; ~ ~'~'!l - C. r :) ~~ ,~ . / f ~ C.~ v t ~~ - j ~ ,~ ~ ~: , ~~ .. ~'~'~- '~,~',,? ~. -~, 4 r ~ ~,, ~ ~ , 5: ('" ( ~^ r~ ) 1 ~ N ~ T ~ r-~ s ~ ~noiv" f~~w~v c~ A l ~ /~ ~ , I~t1 i ~ ~c Scc i S (~ ~. PETITION OPPOSING PINEVALE REZONING Dear Neighbor: Dr. Enrique Silberblatt, who owns the lot on Pinevale behind his Brambleton Ave, property, has petitioned the County Board of Supervisors to rezone the lot from residential to commercial. He plans to expand his clinic and turn this residential property into a parking lot. The undersigned homeowners oppose this rezoning because it will substantially change the residential character of the neighborhood, open the door to future commercial use for other purposes and negatively impact our property values. Name Address Phone # 3ZZ3 ~ ti 7~z -ou-a ~ ~ n Z D Z_?~ v ~ n~~a - g zz-~ ~ ~ l ~Z~ ~ ~Z ~ . ~ /~ 3oz / 7 ' w e ~ ~ _ 9 9 ~3~~ J ~~~~~ 3~~ ~N~ ~~. 9~y ~~~~- ~~ ~~ ~, _~ __. ~ ~ ~ -~,1 .__, ~) PETITION OPPOSING PINEVALE REZONING Dr. Enrique Silberblatt, who owns the lot on Pinevale Road behind his Brambleton Ave. property, has petitioned the County Board of Supervisors to rezone the lot from residential to commercial. He plans to expand his clinic and turn this residential property into a parking lot. The undersigned homeowners oppose this rezoning because it will substantially change the residential character of the neighborhood, open the door to future commercial use for other purposes and negatively impact our property values. 7 ,f~ ' ~J/~.. ~Y~ P1~/ Fs 2 7 ~ v rr`1 d.~G~V~ Y1C~ ,~X~-1Z~1~'y ~~~~~ ~STIV~c:15 ~~;~ ~7~~ ~?~7~~ Name Address Phone Number ~l.C.~. G~. }..i_. c~( 4~ r_ .~~...r~D~ ,.? I ~ ~ ~l"-t,L-~fr'~i _I'--{ _c_._ ~~_ ~ ) ~I _ 1 _.~ 1 --, _ I i t ~~ ~v (~ ~ PETITION OPPOSING PINEVALE REZONING Dear Neighbor: ~•~ ' < < ~ T ~' ~~~ 7~~~ ~'A ~ I c'~ Dr. Enrique Silberblatt, who owns the lot on Pinevale Road behind his Brambleton A~e. 4;-~-~ • property, has petitioned the County Board of Supervisors to rezone the lot from residential to commercial. He plans to expand his clinic and turn this residential property into a parking lot. The undersigned homeowners oppose this rezoning because it will substantially change the residential character of the neighborhood, open the door. to future commercial use for other purposes and negatively impact our property values. ~~ ~-~ a .,G.''r'.~'.-~- ~ Li. ~ ~ ,. ./ 6 ~ ~ ) ~ ~ 6~~ Y PETITION OPPOSING PINEVALE REZONING ~~~ ~ ~ ~ Dear Neighbor: Dr. Enrique Silberblatt, who owns the lot on Pinevale Road behind his Branxbleton Ave. property, has petitioned the County Board of Supervisors to x•ezone the lot fronx residential to commercial. He plans to expand his clinic and turn this residential. property into a parking lot. The undersigned homeowners oppose this rezoning because it will substantially change the residential character of the neighborhood, open the door to future commercial use for other purposes and negatively impact our property values. Name Address Phone Number 1 __--, - ~• ~- o,/ ~2 2W~ j ~,1 ~ ~2~`2 t~„I~, ~, ., s ~ 2 ~-I Z ~/,I `7.7Z-~s'~~ _ ,~ `7 7 ~ - 2 ti, ~-/ 'T ~ - ~L~ ~~ ~ - c? ~ <j ~r ~'1(C1 ~! UL r~ ~i a-+n a=E~`~~ ~ Z.'r ~ ~ Y~~ ~.~ .1-.~~ ,rte l ~ ~C~ SE'm il~S r: ~ ~ ~ 3Z~13 ~~n>~~ Ic~~ ~~{ `~ S I ~ (r C~ .--, -~ __ L ~ N ~~~ Lc ~ N~.~2 G~~-s~T PETITION OPPOSING PINEVALE REZONING Dear Neighbor: ~~ ~ L Z_ J Dr. Enrique Silberblatt, who owns the lot on Pinevale Road behind his Brainbleton Ave. property, has petitioned the County Board of Supervisors to rezone the lot from residential to commercial. He plans to expand his clinic and turn this residential property into a parking lot. The undersigned homeowners oppose this rezoning because it will substantially change the residential character of the neighborhood, open the door to future commercial use for other purposes and negatively impact our property values. _____ i_~ /~ .~~::~~~ ~~. mr.ns~a~.u a raaa~Ll.y~t5~ tlvG.~ tl/t U760~ AUG-9-01 9:34AbA; PAGE .3/4 . i ~~' \ I DES/ /~ ,. ~ ~ ,~ ~ rs~ ~ Psi G A \ / ~ ~ ~ ,o ®~ Y ~ ~ . _~ } tail Q .{-: ;, ~~ \ % V o- ~ ~ ;%~ O ~~ ~~ ;- ~~- ~;~'; C 7a ~~ ~,~ ~~ ~; -~ , ~~ C, ,~ - - - _ /~ , \ ~~ ~ 1 ~~ ;~' ~ ;%~ ;' ,- ~~ MAO ]YC ~ -.- f' 1, ~ 1 1 1 ~ ` ~ ~ R~ ?Y a~ (.~ ~/ ts¢,Q n ¢ !~ , ~` y C3 8 A ~ "..._.-_-- "- - - ~ ~ I ~ v g+ W; ~~. ,.\ C bJ1MNw~KGtR ~ s ~~ ~- I ~~ . ~ , ~. ,~ , e ''. ~~ ;,~ ~'` ~' ~ ,.-< y „~ /~slUr-- --- ~~ • PETITIONER: Pitzer Road Golf Course '°'"°'~"' CASE NUMBER: 30-8/2001 '~ Planning Commission Hearing Date: July 3, 2001 Board of Supervisors Hearing Date: July 24, 2001 A. REQUEST The Petition of Nathaniel C. Haile to obtain a Special Use Permit to develop a golf course on 364 acres and rezone 116 acres from AG-3, Agricultural to AR, Agricultural Residential, located at 3608 Pitzer Road, SE, Vinton Magisterial District. B. CITIZEN COMMENTS None. C. SUMMARY OF COMMISSION DISCUSSION Ms. Janet Scheid presented the staff report. Mr. Robinson discussed minimum house sizes with the petitioner. Petitioner stated that he was still working on securing financing for the project. D. CONDITIONS Special Use Permit: 1. The Jack Nicholas designers or an equal or greater quality designer shall design the golf course. 2. The fertilizer used shall minimize the effect on ground water pollution. Proffer: 1. Minimum house sizes: Ranch - 1,800 square feet, 2-story - 2,400 square feet E. COMMISSION ACTION(S) Mr. Kyle Robinson made a motion to approve the Special Use Permit with the conditions. Motion carried 5-0. Mr. Kyle Robinson made a motion to approve the rezoning request with the proffered condition. Motion carried 5-0. F. DISSENTING PERSPECTIVE None. G. ATTACHMENTS: _ Concept Plan _ Vicinity Map _ Staff Report _ Other Janet Scheid, Secretary Roanoke County Planning Commission i FROt'1 HAILE_t_ANLSCAPE_UESIGN .AY, N0. 5a0 951-4877 Sep. 15 2©01 05:a1PM Pi ~~~.~ rt^cura=~rt~ ~{4~I t•YfiV VVft VV[IL 'JC ~. ~. a~ Sri -~,~ ~-~•. ~ •u~u ~/ininn ?1Amniat®ri~i rli+etrrt TaY tu4an ~Q7Q f111_f14~'I -~r $oeciat Use Perr+teft; 1, The .lack Nichal8s designers or an equal or greater ai~atit~ d~inn:sr sl,~~~ des~grt the golfi Course. 2_ The f'eriilizer used shat! minimize the effect an around water nollastlan_ Proffer: ~ . Mfrti~nvm hpvse sizes: Ra:zch - 1,$aJ square feet. 2-scary - 2,4x0 s~u~re yea`. ~ ~ ~~! P ~ ~~' ~ ~ ~r Jar ~ ~ jiyi~aiiii+ri ~ t.lc3ie j1 t" '~Lf ~4 1 OCi [r ... , _ _ _ ~ STAFF REPORT PETITIONER: Nathaniel C. Haile CASE NUMBER: 30-8/2001 A. EXECUTIVE SUMMARY PREPARED BY: Chris Lowe DATE: 730/2001 PARTI ;..;.,,C This is a request for a Special Use Permit and a request for Rezoning from AG-3 to AR. These requests are for the construction and operation of a golf course and a residential community. The SUP request involves (6) six parcels, consisting of 364 acres on Pitzer Road. The rezoning request is for approximately 118 acres of the 364 acres. The property is designated as Rural Preserve in the Roanoke County Community Plan. The Golf Course is consistent with the Rural Preserve designation in the proposed location. The applicant's request for rezoning of AG-3 property to AR, could be consistent with Rural Preserve guidelines depending on site design and open space preservation. B. DESCRIPTION Mr. Nathaniel C. Haile proposes asemi-private (membership available/open to the public) 18- hole golf course at 3608 Pitzer Road, SE, Vinton Magisterial District. Mr. Haile's conceptual plan shows an 18-hole golf course with a clubhouse area and conceptual road layouts with areas designated for housing. The number of lots, size of lots, or the type of housing is not shown on the conceptual plan. The proposed development will span both sides of Pitzer Road. Mr. Haile indicated that an underground culvert would be utilized for crossing Pitzer Road. This will require approval from the (VDOT} Virginia Department of Transportation. C. APPLICABLE REGULATIONS Golf Courses are permitted in the AR Zoning District with a Special Use Permit. Minimum lot sizes permitted in the AR Zoning District: Lots served by private well and sewage disposal system shall be one (1) acre. Lots served with either public sewer or water, shall be a minimum 30,000 sq. ft. Lots served with both public sewer and water, shall be a minimum 25,000 sq. ft. Site plan review will be required. VDOT approval is required for a commercial entrance permit. VDOT approval is required for pedestrian crossing of state road. Well and septic permits will need to be approved by the Virginia Department of Health/Roanoke County Health Department. 4~. PART II A. ANALYSIS OF EXISTING CONDITIONS Location -The property is located at 3608 Pitzer Road, SE, Vinton Magisterial District. Topo~raphy/Ve~etation -Topography slopes down to the north of Pitzer Road, and then slightly levels out near Horseshoe Branch. A wetlands area follows along parts of the stream. Topography then begins an upward slope, which continues to the rear tree line. The majority of the land on the north side of Pitzer Road is cleared and utilized for pasture or corn crop. Thicker vegetation exists along the stream. The existing drive serving the farm is a rough tractor path. The area to the south of Pitzer Road contains a brick silo, and (3) barns, which are utilized for equipment storage and cattle. On the conceptual plan, tee boxes for hole 10, and a green for hole 15 occupy this area. The topography slopes very gently down from Pitzer Road. The topography then rises steeply to the rear property line. This side of Pitzer Road is also a majority of pasture with some spots of mature trees. Surrounding Neighborhood -The surrounding neighborhood consists of AG-3 and AR zoned properties. Properties consist of either residences or the land is utilized for farming. To the west of the proposed golf course is the Blue Ridge Parkway and residences on lots ranging from 4-6 acres. The lots to the south or rear of the site are large acreage parcels, some with residences. To the east of the proposed golf course are residences on approximately 1-acre lots. To the north of the proposed golf course are undeveloped properties consisting of mature woodland. B. ANALYSIS OF PROPOSED DEVELOPMENT Site Layout/Architecture -The basic conceptual plan provided by the applicant shows the location of the tees, fairways, proposed clubhouse area, roads, and potential areas for homes situated on approximately 364 acres. The conceptual plans are deficient in several areas. There is no reference to architectural design or size of the clubhouse or homes. A parking area is not shown. The minimum-parking requirement just for the golf course, according to the zoning ordinance, is 50 parking spaces, and additional spaces may be required for additional uses (retail sales at the clubhouse, etc.). A stormwater management area will be required with a project of this magnitude, but is not reflected on the conceptual plan. In addition, with the streams that merge on the property, a flood study may be required prior to any final plans for building placement. The layout of roads and homes is very preliminary and conceptual. Final decisions regarding lot sizes, home types, home sizes and number of homes have not been made at this time. I-73 -The applicant has been fully disclosed, of information Roanoke County staff has concerning I-73. The applicant has received maps with the proposed corridor on the farm property. The applicant wishes to proceed so that they can utilize the property until the time comes for the construction of I-73. The proposed corridor contains approximately 12.40 acres of the proposed golf course. 2 ~~; ,_ Blue Ride Parkway -The United States Department of the Interior believes that the proposed golf course will not be visible from the Parkway. However, they have expressed concern about the views to the proposed housing areas from the Parkway. The Parkway Resource Planning staff has asked for close coordination among Roanoke County, the developer, and Parkway Resource Planning staff to ensure that the scenic quality of this view area is not compromised. Access -Access to the site would be a new entrance along Pitzer Road. The entrance would need to be designed to meet the commercial entrance standards of VDOT. The latest VDOT traffic counts for Pitzer Road at this location is 800 VPD. The site development standards will require a (20) twenty-foot minimum width driveway from the commercial entrance to the parking lot. The minimum-parking standard for a golf course is 50 spaces. Both the access drive and the parking area shall be required to meet a Category I surface (pavement) in accordance with the standards in the Public Street and Parking Design Standards and Specifications. Proposed Operations Plan-A business plan was not filed as part of the Special Use Permit application. In discussions with staff, the applicant did not indicate whether the proposed golf course operation would be seasonal or year round; unsure of hours of operation; undefined size or appearance of the clubhouse; or if there would be any other uses associated with the clubhouse, such as retail sales or food service. Membership would initially be semi-private, which allows for membership purchases as well as public use. Fire & Rescue/Utilities -Fire and rescue services will continue, as they currently exist. The Mount Pleasant Fire and Rescue Station primarily serves the site. Utilities will consist of on lot wells and septic. C. CONFORMANCE WITH COUNTY COMMUNITY PLAN The site is designated as Rural Preserve in the 1998 Community Plan. In Chapter 6, Parks and Outdoor Recreation Facilities definition states as follows: Large regional parks and other recreation facilities that are designed to preserve environmentally sensitive lands and protect them from more intense land uses. The proposed golf course falls under this definition and is consistent with the Community Plan. The conformance of the proposed residential community will depend on lot size and site density. The Community Plan encourages the clustering of homes in Rural Preserve areas to preserve open space and other natural resources. 3 T- PART III A. STAFF CONCLUSIONS This is a request for a Rezoning of approximately 118 acres of AG-3 to AR and a Special Use Permit for the construction and operation of a golf course. The request involves (6) six parcels, consisting of 364 acres on Pitzer Road. The property is designated as Rural Preserve in the Roanoke County Community Plan. The petitioners' request for a Special Use Permit for a golf course is consistent with the policies and guidelines of the 1998 Roanoke County Community Plan. The applicant's request for rezoning of AG-3 property to AR, could be consistent with the Rural Preserve Designation in the Roanoke County Community Plan if site design includes open space preservation. The site has ample space to conform to all applicable development standards. No negative impacts are anticipated. 4 r rtur~ _' : HH t ~'~_LHNllSUHN~_ll1=5 i GN FAX N0. 540 951-4877 Ju 1. 13 County of Rc.~~noke For Star-(• L'se Only _. _ Cornmuniry Develo meat p nsrc. re eived: Received by: Planning & Z.onin; 7 ~13 ~ ~ ! ~ C~ Applicaliun fcc:: PC'!R7_A daft: 5204 Bernard ~ ~ ~ ~ a 1 Drive BOX 29800 Placards issued; BOS d-t ; ~~~~Joi Roanoko, VA 24018-079 (540) 772-2068 FAX (~40) 772-2108 Case i`lumbcr 30 - Q, f 2 00 ALL APPLICANTS _ ~•- C eck rypc of application £le (check all that applyl Rezoning Special Use n V `, ariance Applicants name/address w./zip ~ `~~, y _fi~ x?ti_) Phone: ~"'S=~ - ~,j"/_ k7 93 Cell #: .~'•~ -~-u,~ - ~;'~~,s- ~ Fax No.: _s~~ -P l- ~~~7 Owner's nameiaddress w/zip N ~ '4 SSDC • Phone u: jZONAI-(~ C-+ B(ZENI~ASAUL ~e.001Gs 3008 P/ -rZEQ Q ~ , 5 ~ Pax No. ~=; acUO~~ vA 2UU1~ Propel~• Location n IC v R ~ Magisterial District: U I N TO ~ .,t.oG 3~© ~ l tT2 E~ IC ~ Community Planning area: (~, pUNT ~~ EAS~~UT' Tax MapNo..']~.CtQ,-BZ- a2 ~t ~® iO.oa ~ q • t5 0 - - C sO.oy, Existing Zoning: /~~ ~AG-3 Sizeofparocl(s):Acres:_- 3(0~ ~~ . Existingl,and Use: AG(2(CU(.TU 2~ REZONING A/VD SPECIAL U.SB I'II~MIT APPLICANTS (R/S) Proposed Zoning: 3(py AC~FS- SIP ~0~2Go+-~ COt~25E Proposed Land Use: i1~$ ACr2ES - /4G-3 ~A (~ ~~ZOIUI~G /Gdr-FCoU S~ Does the parcel meet the minirntun lot area, width, and frontage requiremen+s of the requested district? Yes ~ Nor IF'~O, .4 VARIANCE IS REQCJYRED F1RST. Dots the parcel meet the min;mnm criteria for the requested Use Type? Yes C No IF NO, A V.4R7ANCE IS REQUIRED FI32ST if rezoning request, arc conditions being proffered with this request? Yes 0 No vARIA.NCE APPLICANTS (V) Variance of Scction(s} of the Roanoke County Zoning Ordinance in order to: is the 1nnIICAtinn cmm~lPrP~ Abaco nhnrL ~fo..,.1..,...,r ~ m~, . ---- -••- ~~~~. ~•~ ~ ~...ni,..,1. rr iA.L ~rvi tsr, Al,l,~rl.r.ll 1r A:'~Y OF THESE ITEMS ARE MISSING OR INCOMphETE. R!S V R/S V R/S V ~~ Consultation 8 1!2" x l 1 "concept plan ! Appi;cstion fee AFFlicarion Mctcs and bounds description Proffer, i£applicablt Justification Water and sewer application Adjoininb property owners I hcroby ceniry that I sm tither the owner of the property or the ow tct-_-s s nt or contract punch rand atn acting with the knowledge and consent of the owner, /`~ a C..'~~, G ~ Ownts's S;gnatztre FROM.: HAILE_LANDSCAPE_DESIGN FAX N0. 540 951-4877 Jul. 13 2001 09:33PM P2 E~ JUS"fTFTCATTON FOR REZUNINC OK SY~CTAL USF PFRMiT }t1JQLt~ST The Planning Commission will study rezoning and special use permit requests to determine tho need and justification for the change ir, terms of public health, safely.. and general welfare. Please answer the tci(lowing questions as thoroughly as possible, Use additional space if necessary. Please explain how the request furthers the purposes of the Zoning Ordinance (Section 30-3) as well as the purpose found at the Lcinnin; of the ~ipplieable :coning district clas.ification in the Zoning Ordiiianec, ~~/ in y~r'c'p~~,=.:n (~ GL/ C7G/~<,; O(/~S~c.' C Cri~rnv.^ ~ ;c1/ / 7~`~J"CWi~" ~°vS u°~'`^./?CY~'?~`, ,J v, , //, , c~e`'°/c' 'ir,erZ' ~orc/;C~,;^,G? U~ ~G~l,~,. si.-~p~~. ~an^~'l ~~v.;~n~ ~ v~/h; 1~- ~ ~ J ~ ~ J~ / / f, •5~ h 01/\/ G~~l^~ i~ /~Ci C%Sf ~ ~j~3G~'~' GEri l~. L~ l ~_~C y+,q LV~yZ~ `r`~P~ GG~Sr reG>l ocl~~CC~~r~~ /rO~~° s ~ r p_~ ,.r~r~_rsrL,~ a.r,~ f~r~~~ ~~~ / j ~s w2,J~. __- Ple~sc explain how the project conforms to the general guidelines and policies contained in the koanoke County Community Pian. + J~Q.t// ~rm ~i^O ~f~ .~-/ VgOf~ GUU,-~S-~ Cv^~~~;^,1/n1Z')~ zv0~/%~ can ~y .rr~ct,•;~?~Q,~ s~ `7~~~ U d J a S t'it/u ~j+ Please describe the impact(s) ofthe request on the property itself, the adjoining properties, and the surrounding area, as well as the impacts on public services and facilities, including water/sewer, roads, schools, parks~recreation and fire and rescue. ~i~~ ~l~~~lo~me~,~ ~r-o~~~'~'' ?.~~~r~ ~~~ 1/G~/tip -~v ~~P..~ .5r/rrGU~T,:~ ra i:3 ~~'eS ,~o ~j~ ~: onE~Pr; ~ ~zr.~ ~.~ S"zt ~~~i'ca ~~ - ~ ~ ~ ~„~; ~/ ~c° ~r~s~y-f/c°_ Gt Glr~ a cam, t~rl 7~1~d'~~~~ r KUI'I ' : t1H 1 t_~_LHNllSLHF't=_llC5 1 UN FRX N0. : 540 951-4877 Jul. 13 2aL1 89:34PM P4 +* ~' CONC~pT PLAN CIII:CKLIST A concept plan of the proposed project must. be submitted with the application. I'hc concept plan shall graphically depict the land use change, development or variance that is to be considered. runher, the plan shall address any potential land use or design issues arising from the request. In such czscs involving rczonings, the applicant may proffer conditions to limit the future use and dcvclopnu.-nl of the property and by so doing, correct arty de'iciencies that may not be manageable by County permitting regulation;. The concept plan should not be confused with the site plan or p':ot plan that is required prior to the issuance of a building permit. Site plan and building permit procedures ensure compliance with State and County development regulations and may require charges to the initial concept plan. Unless limiting, conditions are proffered and accepted in a rezoning or imposed on a special use permit or variance, the concept plan may be altered to the extent pcnnittcd by the zoning disa-iot and other regulations. A concept plan is req~rired with all rezoning, spLCial use: pcnnit and variance applications. The plan should be prepared by a prelcssienal site planner. The lcw•d of detail may vary, depending on the nature of the request. The County Planning Division staff may exempt some of the items or su~aest the addition of extra items, but the followin are considered minimwn: ALr APPLICA~tirTS a. Applicant name and name of development ____ b. Date, scale and north arrow _ c. Lot size in acres or square feet and dimension; d. Location, names of owners and Roanoke County lax map numbers of adjoining properties - e. Physical features such as around cover, natural watercourses, floodplAin, etc. _ f. The zoning and land use ofall adjacent properties - g. All property lines and easemens _ h. All buildings, existing and proposed, and dimensions; floor area and heights i. Location, widths and names of all existing or platted streets er other public ways within or adjacent to the development Dimensions and locations of all driveways, parking spaces and loading ;paces Add::rioj~al irtformalion required for REZONING AND SPECIAL USL PER~LIIT APPLICANTS _ k. Existing utilities (water, sewer, stornz drams) and connections at the site 1. Any driveways, entrances/exits, curb openings and crossovers m. Topography map in a suitable scale and contottr intervals _ n. Approximate street grades and site distances at intersections _ o. Locations of all adjacent fire hydrants _ p. Any proffered conditions at the site and how they are addressed _ q. If project is to be phased, please show phase schedule I cenity that all items required in the checklist above are complete. Signature of applicant Da e V•)%rw/V1 :V. Lt L':1:1 1111YRU .7 .~`. •~r ,~,i++~ ~1'~t~liL#3r SAtAtt'CES- Tyro major sources of Nitrogen are organic (slow release} and inorganic {quick release). Q ni • i9ullds a working soil structure. • E~remeiy safe sources of nutrients -meals, composts, manure. Broken dawn slowly in the topsoii. • More than 6010 of treafimerrt~ use e~rganit saur~ces. • CDne appllc~vn can be effective for several months. Inor~nic • Quickly absarbed by pianis. • Broken down ti~rough plans: use, mi~ial aCtiviiy, and heat. • Welt-timed usage of low quantities. ntr~~ling r~~~-off J ~r~as~~-n • Begins with proper design and constru~on r~nethods. Folkn++r erasion & sediment cs~ntrol standards. • ~rrtpact soil and sod an slopes. • Retention t~sins needed to coiled surtace water. Adequ subsurf~ drainage in turf areas. Prepared bye Dave Sandruck Assistant GoN` Course ~auperintendent ©esert Forest Gaff Ciub ~.~ Carefree, AriZ.ond - Prafessianal Golf Turf Management Rutgers University BA Geoemrironmental Studies Shippensburg University 1 "~~10y~p-~~ ASV=2~y~ >~r" ~..n .=Da"r.. I " a a' x~I ~` 'zcr'-,~z °~x°c{° ac,`i ;_^C4a~yien°;; I "'c° yi+c>n I a,o^L~M;==s,, ~I __~ :> ~ I C sz z x cq`c~cxz z ~ois7" zo xo~ ~ • . ni`r 'nronn =iao _ ,~ ^.. ' TeT "" no ~~ ~ S ~ •, %~ ~~,i~l ~~ r Y. .. ' ~ ~ } - ~ ~ ~ //} ff / '~. ,I I ,.. .. S i ~. ~~n `, \ ~ : `~. \\ ~ P ..: ~ (~ / ;\r 1 C ., ~ (~ f:~(1~:, tij Y N `,~ ~ ~ ` ~ ~~ Nf 1 i ~+ ~% ~ ri r ., _ _ 1.. - i ~ _ _. •'' ,~ ~. ~ - -- . ~ r~.l.. •'`~?,.~ ~`~ \~~ _ _.~ it ~ `°, . o ~ - ~~ y ~`-- `'- u.. ` ~ ~ ~~\ .. q ` ~~~ ~ ' _, ._.. 1. ~~, .. M ~ ~ r \ ` ~ .I \ >-, i i~I~,~ ~ l 1 I € / ~ •(.. x !/- l `~~ n` ~ \,,._ . I `~ ~1 i i -- 'L: Y xx J ~ /" 4e. ~ / ' j /• 1' ~ t ~ 7 a .:a ~ .. , s }3~ ~n ay- ~ , ~•Y ~ a :, <~: .. ~.. ti •. ~. \'1.. \',',. \ ' wy( ti `..J ~ ~ G n ~ GOLY COUR9B D69ICN BYE .:... ~~ ~ ~ ~ ~.o _m o ~ Saul Farm Golf Club ~ N= ~ 1 ~ I , _ b o ~ m , Roanoke. VA. ~ 1SA ~``_ _~_ -~ ROANOKE COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT Applicant: Nathaniel C. Haile Zoning: Special Use Tax Map No. 79.04-2-12.,11.10,10.1,10.2, and 79.00-1- > ~- Z AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, SEPTEMBER 25, 2001 ORDINANCE TO CHANGE THE ZONING CLASSIFICATION OF 11s ACRES OF REAL ESTATE LOCATED ON PITZER ROAD, S.E., (TAX MAP NOs. 7s.o4-02-12, 11, lo, 10.01 andlo.o2) IN THE VINTON MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF AG-3 TO THE ZONING CLASSIFICATION OF AR, WITH CONDITIONS, AND APPROVING A SPECIAL USE PERMIT FOR DEVELOPMENT OF A GOLF COURSE AND RELATED USES ON 364 ACRES OF REAL ESTATE LOCATED ON PITZER ROAD, S.E., (TAX MAP NO. 7s.oo-1-1) IN THE VINTON MAGISTERIAL DISTRICT, UPON THE APPLICATION OF NATHANIEL C. HAILE. WHEREAS, the first reading of this ordinance was held on July 24, 2001, and the second reading and public hearing were held September 25, 2001; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on July 3, 2001; and WHEREAS, legal notice and advertisement has been provided as required by law. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the zoning classification of 116 acres, as described herein, and located in the 8500 block of Pitzer Road, S.E., (Tax Map Numbers '79.04-02-12, 11, 10, 10.01 and 10.02) and in the Vinton Magisterial District, is hereby changed from the zoning classification of AG-3, Agricultural/Rural Preserve District, to the zoning classification ofAR,Agricultural/Residential District, with a condition. The following condition, prol~ered in a rezoning, is: (a) Minimum house sizes: Ranch -- 1,800 square feet, 2 story -- 2,400 square feet 2. That this action is taken upon the application of Nathaniel c. Haile. The owner of this property is NBO Associates, c/o Ronald C. Brooks. 3. That a Special Use Permit is hereby approved for the development of a golf course and a residential community on 364 acres as described herein. '~- L This Special Use Permit shall apply to Tax Map Nos. 79.04-02-12, 11, 10, 10.01, 10.02 and 79.00-1-1, and is subject to the following conditions: (a) The Jack Nicklaus designers or an equal or greater quality designer shall design the golf course. (b) The fertilizer used shall minimize the effect on ground water pollution. 4. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions ofthis ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed to amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. G:\ATTORNEY\PMM\AGENDA\pitzerroad rezone mp ord.wpd 2 ~ T- / ROANOKE COUNTY ATTORNEY'S OFFICE Roanoke County Administration Center 5204 Bernard Drive, S. W. -Room 431 Roanoke, VA 24018-0798 Phone 772-2007 - FA1 772-2089 MEMORANDUM To: Board of Supervisors From: Paul Mahoney Date: September 20, 2001 Subject: Windsor House, Inc. (Dr. Silberblatt) Rezoning The Planning Commission transmittal report accompanying the Petition of Windsor House, Inc. to rezone 0.398 acres from R-1 to C-1 for expansion of a medical clinic and related parking contains two proposed proffered conditions: • A proper application, in a reasonable period of time, will be submitted to the BZA to reduce the number ofparking spaces required by the Roanoke County Ordinance. • Substantial buffering will be added to the lot such as will be discussed with the neighbors. In preparing the draft ordinance for this rezoning action, I did not include these two conditions. In my opinion, these conditions are invalid and not enforceable. A condition to apply to the BZA to reduce the number of parking spaces required by the Roanoke County Zoning Ordinance is not a valid action for the BZA and not a proper condition for a conditional rezoning. Section 15.2-2309 provides in part as follows: No variance shall be authorized unless the board finds that the condition or situation of the property concerned is not of so general or recurring a nature as to make reasonably practicable the formulation of a general regulation to be adopted as an amendment to the ordinance. Any change in the parking standards required by the zoning ordinance should be addressed through an amendment to the zoning ordinance and not through a variance granted by the BZA. i~ The next suggested proffered condition (adding "substantial buffering"as will be discussed with the neighbors) is unenforceable. There is no definitive, specific standard that the Zoning Administrator can enforce if the applicant fails to fulfill this condition. It is my recommendation that the Board not adopt unenforceable conditions. Finally, neither of these two objectionable conditions have been proffered in writing and signed by the property owner. I would be glad to discuss these objections with you at your convenience. cc: Elmer C. Hodge, County Administrator David Holladay, Zoning Administrator G:~4TTORNEY\PMM\ZONING\Windsor Honse meano.wpd Mary Allen -Legal Notice on September 25 -Reply Page 1 _ ~-- l From: Legals Staff <legals@roanoke.com> To: <MALLEN@co.roanoke.va.us> Date: 9/21 /01 4:46PM Subject: Legal Notice on September 25 -Reply ** High Priority ** thanks Mary - ad will run Sept. 25 -cost $67.66... martha LEGAL NOTICE ~ROANOKE COUNTY ABOARD OF SUPERVISORS The Roanoke County Board Of Supervisors will hold a public hearing to elicit citizen comment at 7 p.m. on Tuesday, September 25, 2001, in the Board Meeting Room of the Roanoke County Administration Center, 5204 Bernard Drive, Roanoke, VA on the following item: Request to adopt a resolution authorizing approval for the Roanoke Valley Resource Authority to provide emergency assistance by disposing of asbestos in the Smith Gap Landfill resulting from the September 11 terrorist attack on the Pentagon. Dated: September 21, 2001 Mary H. Allen, CMC Clerk to the Board (1762694) Mary Allen -Legal Notice Page 1 From: Mary Allen To: Legals Staff Date: 9/5/01 4:27PM Subject: Legal Notice Attached is a legal notice for the Roanoke County Board of Supervisors. Please publish September 11 and 18. Call me or email if you have questions. Mary H. Allen CMC Clerk to the Board County of Roanoke 540-772-2003 CC: Diane Hyatt; Sue Patterson-Bane NOTICE OF PUBLIC HEARING ON PROPOSED SCHOOL BOND FINANCING BY THE COUNTY OF ROANOKE, VIRGINIA Notice is hereby given that the Board of Supervisors ("Board of Supe the County of Roanoke, Virginia ("County") will hold a public hearing in accor Section 15.2-2606 of the Code to belrgold to the Virg nia P bl d SchooltAuthori general obligation school bonds 2001 Fall Literary Fund Subsidy Sale (the "Subsidy Bond") in the estimated m amount of $13,745,000 to slsuancecof the Subsady Bondsw~r be h onls tiered b Resolution authorizing the Board of Supervisors at its meeting on September 25, 2001. The public hearing, which may bthe matte r s heard 1 on Sept tuber 25, 200 7:OOo'clock p.m., or as soon thereafter as before the Board of Supervisors in the Roanoke County Administration Center, 52( Bernard Drive, Roanoke, Virginia. Mary H. Allen, CMC Clerk to the Board Please publish in the Roanoke Times Tuesday, September 11, 2001 Tuesday, September 18, 2001 Direct the bill for publication to: Mary H. Allen, CMC Clerk to the Board P. O. Box 29800 Roanoke, VA 24018 SEND ORIGINAL AFFIDAVIT OF PUBLICATION TO: Mary H. Allen Clerk to the Board P. O. Box 29800 Roanoke, VA 24018 LEGAL NOTICE ROANOKE COUNTY BOARD OF SUPERVISORS The Roanoke County Board Of Supervisors will hold a public hearing at 7 p.m. on Tuesday, September 25, 2001, in the Board Meeting Room of the Roanoke County Administration Center, 5204 Bernard Drive, Roanoke, VA, on the petition of Windsor House, Inc. to rezone .398 acres from R-1 Residential District to C-1 Office District with conditions for expansion of a medical clinic and related parking, located at 3500 Block of Pinevale Road, Windsor Hills Magisterial District. A copy of this application is available for inspection in the Department of Community Development, 5204 Bernard Drive, Roanoke, VA. Dated: September 7, 2001 Mary H. Allen, CMC Clerk to the Board Please publish in the Roanoke Times Tuesday, September 11, 2001 Tuesday, September 18, 2001 Direct the bill for publication to: Edward A. Natt 3912 Electric Road Roanoke, VA 24018 (540) 989-0000 SEND ORIGINAL AFFIDAVIT OF PUBLICATION TO: Mary H. Allen Clerk to the Board P. O. Box 29800 Roanoke, VA 24018 LEGAL NOTICE ROANOKE COUNTY BOARD OF SUPERVISORS The Roanoke County Board Of Supervisors will hold a public hearing at 7 p.m. on Tuesday, September 25, 2001, in the Board Meeting Room of the Roanoke County Administration Center, 5204 Bernard Drive, Roanoke, VA, on the petition of Nathaniel C. Haile to obtain a Special Use Permit to develop a golf course on 364 acres and rezone 118 acres from AG-3, Agricultural to AR, Agricultural Residential, located at 3608 Pitzer Road, SE, Vinton Magisterial District. A copy of this application is available for inspection in the Department of Community Development, 5204 Bernard Drive, Roanoke, VA. Dated: September 7, 2001 Mary H. Allen, CMC Clerk to the Board Please publish in the Roanoke Times Tuesday, September 11, 2001 Tuesday, September 18, 2001 Direct the bill for publication to: Haile Landscaping P.O. Box 25 Blacksburg, VA 24063 (540) 951-8733 SEND ORIGINAL AFFIDAVIT OF PUBLICATION TO: Mary H. Allen Clerk to the Board P. O. Box 29800 Roanoke, VA 24018 2 Mary Allen -Legal Notice -Reply Page 1 From: Legals Staff <legals@roanoke.com> To: <MALLEN@co.roanoke.va.us> Date: 9/10/01 11:48AM Subject: Legal Notice -Reply thanks - ad will run Sept. 11 & 18 -cost ~1G,95.02.... martha NOTICE OF PUBLIC HEARING SON PROPOSED SCHOOL BOND FINANCINGS ~BY THE COUNTY OFD ~ROANOKE, VIRGINIA Notice is hereby given that the Board of Supervisors (*Board of Supervisors*) of the County of Roanoke, Virginia ("County") will hold a public hearing in accordance with Section 15.2-2606 of the Code of Virginia of 1950, as amended, on the issuance of general obligation school bonds to be sold to the Virginia Public School Authority in the 2001 Fall Literary Fund Subsidy Sale (the "Subsidy Bond") in the estimated maximum amount of $13,745,000 to finance certain capital projects for school purposes. A Resolution authorizing the issuance of the Subsidy Bond will be considered by the Board of Supervisors at its meeting on September 25, 2001. The public hearing, which may be continued or adjourned, will be held at 7:00 o'clock p.m., or as soon thereafter as the matter is heard, on September 25, 2001, before the Board of Supervisors in the Roanoke County Administration Center, 5204 Bernard Drive, Roanoke, Virginia. Mary H. Allen, CMC Clerk to the Board (1754169) Mary Allen -Legal Notices -Reply Page 1 i From: Legals Staff <legals@roanoke.com> To: <MALLEN@co.roanoke.va.us> Date: 9/10/01 12:02PM Subject: Legal Notices -Reply , this one runs Sept. 11 & 18 -cost $139.30.:.°~~hanks, martha .i Y' LEGAL NOTICES "~',' ~ROANOKE COUNTY ABOARD OF SUPERVISORS The Roanoke County Board Of Supervisors will hold a public hearing at 7 p.m. on Tuesday, September 25, 2001, in the Board Meeting Room of the Roanoke County Administration Center, 5204 Bernard Drive, Roanoke, VA, on the petition of Nathaniel C. Haile to obtain a Special Use Permit to develop a golf course on 364 acres and rezone 118 acres from AG-3, Agricultural to AR, Agricultural Residential, located at 3608 Pitzer Road, SE, Vinton Magisterial District. A copy of this application is available for inspection in the Department of Community Development, 5204 Bernard Drive, Roanoke, VA. Dated: September 7, 2001 Mary H. Allen, CMC Clerk to the Board (1754187) Mary Allen -Legal Notices -Reply Page 1 From: Legals Staff <legals@roanoke.com> To: <MALLEN@co.roanoke.va.us> Date: 9/10/01 12:19PM Subject: Legal Notices -Reply this one runs Sept. 11 & 18 -cost $143.28... thanks, Martha LEGAL NOTICE ~ROANOKE COUNTY ABOARD OF SUPERVISORS The Roanoke County Board Of Sup rS will hold a public hearing at 7 p.m. on Tuesday, September 25~ in the Board Meeting Room of the Roanoke County Administration Center, 5204 Bernard Drive, Roanoke, VA, on the petition of Windsor House, Inc. to rezone .398 acres from R-1 Residential District to C-1 Office District with conditions for expansion of a medical clinic and related parking, located at 3500 Block of Pinevale Road, Windsor Hills Magisterial District. A copy of this application is available for inspection in the Department of Community Development, 5204 Bernard Drive, Roanoke, VA. Dated: September 7, 2001 Mary H. Allen, CMC Clerk to the Board (1754176) k County of Roanoke Community Development Planning & Zoning 5204 Bernard Drive P O Box 29800 Roanoke, VA 24018-0798 (540) 772-2068 FAX (540) 772-2108 Fnr Staff t7se Only Date received:8 I~~ ~ O 1 / Received by: J S Application fee: c o 9 0o PC/BZA date: is z/v ~ Placards issued: BOS date: to/23f o1 Case Number %3 Z- I O /2 O 0 1 ALL. APPLICANTS C eck type of application filed (check all that apply) Rezoning ^ Special Use ^ Variance Applicants name/address w/zip C/ 0 Don Dye Phone: 7 7 6- 9 0 5 2 Buck Mountain Land, LLC Work: 776-9052 Cell#: 520-3250 P. 0. Box 20041 : 776-9054 FaxNo . Roanoke, Va. 24018 Owner's name/address w/zip B u c k Mountain Land LLC Phone #: 7 7 6- 9 0 5 2 C/0 Don Dye P . 0. Box 2004 1 Fax No. #: 776-9054 Roanoke Va. 24018 Property Location Magisterial District: Cave S p r i n South of Buck Mountain Road Community Planning area: Cave Spring Tax Map No.: 98.01-2-25, 98.01-2-26 Existing Zoning: I - 2 Size of parcel(s): Acres: 1. 8 8 Existing Land Use: U t i l i t y Contractor / O f f i c e & Shop REZONI.'VGAND SPECIAL USE PERMIT APPLICANTS (R/S) Proposed Zoning: AR Agricultural/Residential District Proposed Land Use: Low Density Single Famil Dwellin s Does the parcel meet the minimum lot area, width, and frontage requirements of the requested district? Yes 1SI No ^ IF NO, A VARIANCE IS REQUIRED FIRST. Does the parcel meet the minimum criteria for the requested Use Type? Yes ~] No ^ IF NO, A VARIANCE IS REQUIRED FIRST If rezoning request, are conditions being proffered with this request? Yes ^ No ^ V,4RIANCE APPLICANTS (T Variance of Section(s) of the Roanoke County Zoning Ordinance in order to: Is the application complete? Please check if enclosed. APPLICATION WILL NOT BE ACCEPTED IF ANY OF THESE ITEMS ARE MISSING OR INCOMPLETE. S V S V R/S V v Consultation 8 1/2" x 11" concept plan Application fee Application / Metes and bounds description NouE Proffers, if applicable Justification - Water and sewer application / Adjoining property owners ereby certify that I am either the owner of the prope or the owner-s agent or contract purchaser and am acting with the knowledge and consent of the owner. ~~ ~ _ Owner's Signature ~~ '~,._ } f~ 7M' I1 lF+fnrd 17YNd1Y~M YN tl~h1 CL r4~iJr YYd d'1 /• '. i`rA"i M 4iM'0 N-'~OfYJIM ~L v i o c , i ~r ~ ' ,pt g'~ '.g ~ I ~ ~ ~: i• I p 1 g I ~ d. iM 1 i ~ Vf {~= I " ~ 11 ~0. ~ ~ a ci °' Z < ~, U ~ < C+ z a ,^ N W ~ V ~ ~ Wa w v F- Z ~ a3 y Flz W = ~ ~ ~ ~ ~}s z ~ ~ ; ~ o v~ia~ d Q. 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He will not resubmit until some time next year - (I guess that took care of the justification problem!) Thank you. Tammi Tammi L. Wood Community Development Planning and Zoning Division Roanoke County, Virginia (540) 772-2068 twood@co.roanoke.va.us ~ ROAN ,,~~ L ti~ ~ z ~ J a2 ~.Li~~ ~~ ~~x~.a.~.~ 1838 P.O. BOX 29800 MARY H. ALLEN, CMC CLERK TO THE BOARD Internet E-Mail: mallen@www.co.roanoke.va.us 5204 BERNARD DRIVE ROANOKE, VIRGINIA 24018-0798 (540) 772-2005 FAX (540) 772-2193 BRENDA J. HOLTON DEPUTY CLERK Internet E-Mail: bholton@vwvw.co.roanoke.va.us October 1, 2001 Mr. Lee B. Eddy 2211 Pommel Drive Roanoke, VA 24018 Dear Mr. Eddy: I am pleased to inform you that, at their meeting held on Tuesday, September 25, 2001, the Board of Supervisors voted unanimously to appoint you as a member of the Community Advisory Committee (CAC) of the Roanoke Valley Area Metropolitan Planning Organization (MPO). This is a new committee being formed for the purpose of advising the MPO policy board on various regional transportation related issues. There are no specific terms for this committee. State law provides that any person elected, re-elected, appointed, or re-appointed to any public body be furnished a copy of the Freedom of Information Act. Your copy is enclosed. On behalf of the Supervisors and the citizens of Roanoke County, please accept our sincere thanks and appreciation for your willingness to accept this appointment. Very truly yours, Mary H. Allen, CMC Clerk to the Board of Supervisors Enclosures cc: Michael W. Gray, Director of Transportation Roanoke Valley Area Metropolitan Planning Organization P. O. Box 2569 Roanoke, VA 24001 ® Recycled Paper O~ ROANp,I.~ L ti~ ~ z c> rasa~~ P.O. BOX 29800 MARY H. ALLEN, CMC CLERK TO THE BOARD Internet E-Mail: mallen@www.co.roanoke.va.us 5204 BERNARD DRIVE ROANOKE, VIRGINIA 24018-0798 (540) 772-2005 FAX (540) 772-2193 October 1, 2001 Mr. Hector Wilshire 3277 Randall Drive Roanoke, VA 24014 Dear Mr. Wilshire: BRENDA J. HOLTON DEPUTY CLERK Internet E-Mail: bholton@www.co.roanoke.va.us I am pleased to inform you that, at their meeting held on Tuesday, September 25, 2001, the Board of Supervisors voted unanimously to appoint you as a member of the Community Advisory Committee (CAC) of the Roanoke Valley Area Metropolitan Planning Organization (MPO). This is a new committee being formed forthe purpose of advising the MPO policy board on various regional transportation related issues. There are no specific terms for this committee. State law provides that any person elected, re-elected, appointed, or re-appointed to any public body be furnished a copy of the Freedom of Information Act. Your copy is enclosed. On behalf of the Supervisors and the citizens of Roanoke County, please accept our sincere thanks and appreciation for your willingness to accept this appointment. Very truly yours, Mary H. Allen, CMC Clerk to the Board of Supervisors Enclosures cc: Michael W. Gray, Director of Transportation Roanoke Valley Area Metropolitan Planning Organization P. O. Box 2569 Roanoke, VA 24001 ® Recycled Paper OF ROANp~~ ~'~ 's ~ 2 ` G7 az C~~a~~# ~a~ ~a~xx~~a.~..e 1838 P.O. BOX 29800 5204 BERNARD DRIVE MARY H. ALLEN, CMC ROANOKE, VIRGINIA 24018-0798 (540) 772-2005 BRENDA J. HOLTON CLERK TO THE BOARD DEPUTY CLERK Internet E-Mail: mallen@www.co.roanoke.va.us FAX (540) 772-21 93 Internet E-Mail: bholton@www.co.roanoke.va.us October 1, 2001 Ms. Mary Jane Pattisall 4838 Buckhorn Road, SW Roanoke, VA 24018 Dear Ms. Pattisall: I am pleased to inform you that, at their meeting held on Tuesday, September 25, 2001, the Board of Supervisors voted unanimously to appoint you as a member of the Social Services Advisory Board, representing the Cave Spring Magisterial District. Your four year term began on August 1, 2001 and will expire on August 1, 2005. State law provides that any person elected, re-elected, appointed, or re-appointed to any public body be furnished a copy of the Freedom of Information Act. Your copy is enclosed. State law requires that you take an oath of office before the Clerk of the Roanoke County Circuit Court. This oath must be administered rior to your participation on this Board. Please telephone Steven A. McGraw, at 387-6205, to arrange to have this oath administered, and Mr. McGraw has asked that you bring this letter with you. On behalf of the Supervisors and the citizens of Roanoke County, please accept our sincere thanks and appreciation for your willingness to accept this appointment. Very truly yours, 3~. Mary H. Allen, CMC Clerk to the Board of Supervisors bjh Enclosures cc: Dr. Betty McCrary, Director, Social Services Steven A. McGraw, Clerk, Circuit Court ® Recycled Paper O~ FtOANp~~ a ~ ti p 2 G'1 rasa 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 Internet E-Mail: mallenQwww.co.roanoke.va.us FAX (540) 772-21 93 Internet E-Mail: bholton@www.co.roanoke.va.us October 1, 2001 Mr. Larry E. Naake Executive Director National Association of Counties 440 First Street, NW, Suite 800 Washington, DC 20001 Dear Mr. Naake: Attached are copies of resolutions adopted by the Roanoke County Board of Supervisors at their meeting on Tuesday, September 25, 2001, by a unanimous vote. (1) Resolution 092501-6.d condemning terrorism and supporting the President of the United States in his efforts to defend the country against terrorism. (2) Resolution 092501-6.e encouraging citizens to be vigilant and not vigilantes. If you need further information, please do not hesitate to contact me. Sincerely, ~'~2.cs~ ;Y- ~ - Mary H. Allen, CMC Clerk to the Board of Supervisors Enclosures cc: James Campbell, Executive Director, Virginia Association of Counties ® Recycled Paper O~ ROAN KF ti z ~ 1838 P.O. BOX 29800 MARY H. ALLEN, CMC CLERK TO THE BOARD Internet E-Mail: mallen@www.co.roanoke.va.us 5204 BERNARD DRIVE ROANOKE, VIRGINIA 24018-0798 (540) 772-2005 FAX (540) 772-2193 BRENDA J. HOLTON DEPUTY CLERK Internet E-Mail: bholton@www.co.roanoke.va.us October 1, 2001 Ms. Darlene Burcham Roanoke City Manager 215 Church Avenue, SW Roanoke, VA 24011 Dear Ms. Burcham: Attached is a copy of Ordinance No. 092501-8 approving a fire and emergency medical agreement with the City of Roanoke to staff the Clearbrook Station. This ordinance was adopted by the Roanoke County Board of Supervisors at their meeting on Tuesday, September 25, 2001, by a unanimous vote. If you need further information, please do not hesitate to contact me. Sincerely, Mary H. Allen, CMC Clerk to the Board of Supervisors Enclosures cc: Paul M. Mahoney, County Attorney Richard Burch, Roanoke County Fire and Rescue Chief James Grigsby, Roanoke City Fire Chief Dan O'Donnell, Assistant County Administrator ® Recycled Paper O~ FiOANp,F~ ti ' ''~ p z c~ J az C~~.Li~~ ~~ ~~~~~.e 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 Internet E-Mail: mallenQwww.co.roanoke.va.us FAX (540) 772-21 93 Internet E-Mail: bholton@www.co.roanoke.va.us October 1, 2001 Ms. Susan Jennings, Executive Director Arts Council of the Blue Ridge 20 East Church Avenue Roanoke, VA 24011 Dear Ms. Jennings: Attached is a copy of Resolution No. 092501-1 in support of the Master Plan for the Cultural Institutions of the Roanoke Valley. This resolution was adopted by the Roanoke County Board of Supervisors at their meeting on Tuesday, September 25, 2001, by a unanimous vote. If you need further information, please do not hesitate to contact me. Sincerely, • C~~.,~ Mary H. Allen, CMC Clerk to the Board of Supervisors Enclosures cc: Pete Haislip, Director, Parks, Recreation & Tourism Wendy Schultz, Parks, Recreation & Tourism ® Recycled Paper