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HomeMy WebLinkAbout10/22/2002 - Regularworking document - Sudject to 1~,evision ROANOKE COUNTY BOARD OF SUPERVISORS ACTION AGENDA OCTOBER 22, 2002 Good afternoon and welcome to our meeting for October 22, 2002. Regular meetings are held on the second Tuesday and the fourth Tuesday at 3:00 p.m. Public hearings are held at 7:00 p.m. on the fourth Tuesday of each month. Deviations from this schedule will be announced. The meetings are broadcast live on RVTV, Channel 3, and will be rebroadcast on Thursdays at 7 p.m. and on Saturdays at 4 p.m. The meetings 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. A. OPENING CEREMONIES (3:00 P.M.) 1. Roll Call ROLL CALL AT 3:02 WITH HCN ABSENT 2. Invocation: Reverend Tom Cribb Bethel Baptist Church 3. Pledge of Allegiance to the United States Flag B. REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF AGENDA ITEMS HOM NOTED THAT DR. NICKENS' TERM OFFICIALLY ENDS ON OCTOBER 31, 2002 WHICH IS WHY MR. ALTIZER WHO WAS APPOINTED TO FILL THE VINTON DISTRICT VACANCY, IS NOT PARTICIPATING IN THE MEETING THIS EVENING. ECH REQUESTED THAT THE CLOSED MEETING BE REMOVED FROM THE AGENDA. C. PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND PRESENTATIONS Proclamation declaring the month of October 2002 "National Arts and Humanities Month" in the County of Roanoke PROCLAMATION ACCEPTED BY SUSAN JENNINGS, EXECUTIVE DIRECTOR OF THE ARTS COUNCIL OF THE BLUE RIDGE; BETH POFF, EXECUTIVE DIRECTOR OF MILL MOUNTAIN ZOO; DAVID KJOLHEDE, EXECUTIVE DIRECTOR OF THE ROANOKE VALLEY CONVENTION & VISITORS BUREAU; AND WENDI SCHULTZ, TOURISM AND EVENT COORDINATOR. 2. Proclamation declaring the week of October 25 -November 3, 2002 "Red Ribbon Week" in the County of Roanoke to signify the community's commitment to fighting substance abuse. PROCLAMATION ACCEPTED BY RAY LAVINDER, CHIEF OF POLICE. JBC NOTED THAT REPRESENTATIVES OF RAYSAC WERE SCHEDULED TO APPEAR AND THAT IT MAY BE NECESSARY TO REPEAT THIS ITEM DURING THE EVENING SESSION. D. BRIEFINGS NONE E. NEW BUSINESS 1. Resolution petitioning the Circuit Court for a Writ of Election to fill the vacancy on the Board of Supervisors in the Vinton Magisterial District. (Paul Mahoney, County Attorney) R-102202-1 JPM MOTION TO ADOPT RESOLUTION URC WITH HCN ABSENT 2. Request to approve refunding of the outstanding County of Roanoke General Obligation Public Improvement and Refunding Bonds, Series 1993, under certain conditions. (Diane D. Hyatt, Chief Financial Officer) R-102202-2 HOM MOTION TO ADOPT RESOLUTION URC WITH HCN ABSENT 3. Request to approve refunding of the outstanding Industrial Development Authority of Roanoke County Lease Revenue Bonds, Series 1993, under certain conditions. (Diane D. Hyatt, Chief Financial Officer) R-102202-3 JPM MOTION TO ADOPT RESOLUTION URC WITH HCN ABSENT 2 F. REQUEST FOR PUBLIC HEARINGS AND FIRST READING OF REZONING ORDINANCES -CONSENT AGENDA: Approval of these items does not indicate support for, or judge the merits of, the requested zoning actions but satisfies procedural requirements and schedules the Public Hearings which will be held after recommendation by the Planning Commission. JPM MOTION TO APPROVE 1ST READINGS 2 READINGS AND PUBLIC HEARING - 11/19/02 URC WITH HCN ABSENT 1. First reading of an ordinance to obtain a special use permit for .55 acres for a home occupation in an accessory structure located at 3564 Grandin Road, Windsor Hills Magisterial District, upon the petition of Sheree and James Ringer. 2. First reading of an ordinance to rezone 16.255 acres from C-2 General Commercial District to R-1 Low Density Residential District for the purpose of constructing a single family dwelling located at 6012 Cove Road, Catawba Magisterial District, upon the petition of Larry G. and Ida Jane E. Conner. G. FIRST READING OF ORDINANCES First reading of an ordinance authorizing the creation of and financing for a local public works improvement project, Glenvar Heights Boulevard water line extension project, Catawba Magisterial District. (Gary Robertson, Utility Director) JBC MOTION TO APPROVE 1ST READING 2 READING -11/5/02 URC WITH HCN ABSENT 2. First reading of an ordinance to authorize the acquisition of the necessary easements to construct Phase 5 of the North Loop Water Transmission Line Project, Catawba Magisterial District. (Gary Robertson, Utility Director) JBC MOTION TO APPROVE 1ST READING 2 READING -11/5!02 URC WITH HCN ABSENT H. SECOND READING OF ORDINANCES NONE APPOINTMENTS NONE 3 1. Building Code Board of Adjustments and Appeals (Fire Code Board of Appeals) 2. Grievance Panel 3. Parks & Recreation Advisory Commission (Appointed by District) 4. Roanoke Valley Regional Cable Television Committee 5. Virginia Western Community College Board 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-102202-4 HOM MOTION TO ADOPT RESOLUTION URC WITH HCN ABSENT 1. Approval of minutes -October 8 and October 14, 2002 meetings 2. Request to release liens and amend performance agreement with Sims Automotive, Inc. A-102202-4.a 3. Approval of amended square footage for lease of rooftop space to Cellco Partnership, a Delaware General Partnership d/b/a Verizon Wireless, at the Salem Bank and Trust Building, 220 East Main Street, Salem, VA (reference ordinance #082702-18) A-102202-4.b 4. Request to accept donation from Wal-Mart in the amount of $1,200.00 for the purchase of equipment and supplies to outfit the two Roanoke County Police K-9 Officers and their K-9 partners. A-102202-4.c 4 5. Request to accept donation from the Vinton Moose Lodge in the amount of $250.00 for the purchase of equipment and supplies to outfit the two Roanoke County Police K-9 officers and their K-9 partners. A-102202-4.d K. REQUESTS FOR WORK SESSIONS 1. Work session to discuss year-end financial report and state budget reductions ECH REQUESTED A WORK SESSION ON NOVEMBER 5 TO REVIEW THE YEAR-END FINANCIAL REPORTS AND DISCUSS THE IMPACT OF STATE BUDGET REDUCTIONS. AT PRESENT REDUCTIONS INCLUDE. BUT ARE NOT LIMITED TO, THE FOLLOWING AREAS: 4 OF 5 CONSTITUTIONAL OFFICES. 599 FUNDS AND POLICE DEPARTMENT GRANTS, AND LIBRARIES. ADDITIONAL INFORMATION SHOULD BE AVAILABLE BY THE NOVEMBER 5 MEETING. L. REQUESTS FOR PUBLIC HEARINGS NONE M. CITIZENS' COMMENTS AND COMMUNICATIONS NONE N. REPORTS JPM MOTION TO RECEIVE AND FILE THE FOLLOWING REPORTS URC WITH HCN ABSENT 1. General Fund Unappropriated Balance 2. Capital Fund Unappropriated Balance 3. Board Contingency Fund 4. Future School Capital Reserve 5. Accounts Paid -September 2002 6. Statement of Expenditures and Estimated and Actual Revenues for the month ended September 30, 2002 7. Statement of the Treasurer's Accountability per Investment and Portfolio Policy, as of September 30, 2002 5 8. Report of Claims Activity for the Self-Insurance Program 9. Report from VDOT of Changes to the Secondary Road System in September 2002 10. Proclamation Signed by the Chairman O. CLOSED MEETING pursuant to Code of Virginia 2.2-3711 A (5) discussion concerning a prospective business or industry where no previous announcement has been made. CLOSED MEETING WAS REMOVED FROM THE AGENDA PMM NOTED THAT MR. GIESEN WOULD NOT BE AVAILABLE FOR THE WORK SESSION UNTIL 7:30 P.M. ECH SUGGESTED THAT STAFF MEET WITH THE BOARD TO DISCUSS LEGISLATIVE ISSUES AND PREPARE FOR THE MEETING WITH MR. GIESEN. JBC ADJOURNED TO WORK SESSION AT 3:40 P.M. P. WORK SESSION (4T" FLOOR CONFERENCE ROOM) (5:00 P.M.~ 1. Work session with Pete Giesen, Special Assistant for Legislative Relations, to develop the County's legislative program for the 2003 session of the General Assembly. (Paul Mahoney, County Attorney) TIME: 4:00 P.M. UNTIL 4:47 P.M. PRESENTED BY: ELMER HODGE, COUNTY ADMINISTRATORANDPAUL MAHONEY, COUNTY ATTORNEY THE FOLLOWING LEGISLATIVE ISSUES, SCHEDULED TO BE PRESENTED AT THE OCTOBER 31 LEGISLATIVE SUMMIT LUNCHEON, WERE DISCUSSED: (11 STANDARDS OF QUALITY FUNDING FOR SCHOOLS. (2) ELIMINATION OF THE DISTINCTIONS IN TAXING AUTHORITY BETWEEN CITIES AND COUNTIES AND IN PARTICULAR, A PROPOSED CHARTER AMENDMENT OR GENERAL LAW ALLOWING ROANOKE COUNTY TO IMPLEMENT A CIGARETTE TAX (3) PROPOSED REGULATORY CHANGES THAT WOULD ALLOW TOWNS TO USE SPECIFIC INCOME DATA FROM TOWNS, RATHER THAN COUNTIES, WHEN APPLYING FOR COMMUNITY DEVELOPMENT BLOCK GRANTS (4) 6 TRANSPORTATION ISSUES INVOLVING I-81 FUNDING. PASSENGER RAIL SERVICE IN THE ROANOKE-BRISTOL CORRIDOR, AND SMART ROAD FUNDING ALLOCATIONS. (5) PROHIBIT LEGISLATION THAT WOULD TAKE AWAY LOCAL GOVERNMENT AUTHORITY OVER LAND USE ISSUES. THIS WORK SESSION WAS CONTINUED WITH MR. GIESEN FOLLOWING THE EVENING SESSION EVENING SESSION Q. CERTIFICATION RESOLUTION NONE R. PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND PRESENTATIONS JBC NOTED THAT MR. MYLES JACKSON FROM RAYSAC WAS PRESENT AND THAT THE PROCLAMATION PRESENTED UNDER ITEM C-2 WOULD BE REPEATED AS ITEM R-2. 1. Recognition of Carrie Metheny for earning the Girl Scout Gold Award for the History of Cave Spring and presentation to the Board CERTIFICATE OF RECOGNITION ACCEPTED BY CARRIE METHENY. ALSO PRESENT WERE MARY METHENY, HER MOTHER, BARBARA DUERK, GIRL SCOUT GOLD ADVISOR, AND FELLOW GIRL SCOUTS. MS. METHENY PRESENTED THE BOARD WITH A FRAMED HISTORY OF THE CAVE SPRING. 2. Proclamation declaring the week of October 25 -November 3, 2002 "Red Ribbon Week" in the County of Roanoke to signifythe community's commitment to fighting substance abuse. PROCLAMATION ACCEPTED BY MYLES JACKSON, CO-CHAIR OF THE ROANOKE AREA YOUTH SUBSTANCE ABUSE COALITION (RAYSAC). 7 S. PUBLIC HEARINGS AND SECOND READING OF ORDINANCES 1. Second reading of ordinance to amend conditions on a Special Use Permit to operate a construction yard on 2.62 acres zoned AV, Agricultural Village District, located at 7210 Franklin Road, Cave Spring Magisterial District, upon the petition of McNeil Asphalt. W/THDRAWN AT THE REQUEST OF THE PETITIONER. 2. Second reading of ordinance to rezone 22.743 acres from AR Agricultural Residential District to R-1 Low Density Residential District for development of single family housing located at Virginia Secondary Route 688 (Cotton Hill Road) and Raintree Road, Cave Spring Magisterial District, upon the petition of Cotton Hill Land Company, LC. CONTINUED UNTIL NOVEMBER 19, 2002 AT THE REQUEST OF THE PLANNING COMMISSION 3. Second reading of an ordinance to vacate a 50 foot public right of way, 20 foot drainage easement, 40 foot drainage easement and portions of 15 foot public utility easement recorded in Plat Book 24, Page 35 (Roanoke County) and Plat Book 24, Pages 1-3 (Botetourt County), Stonegate -Phase I, Hollins Magisterial District. (Arnold Covey, Director of Community Development) R-102202-5 RCF MOTION TO ADOPT ORDINANCE URC WITH HCN ABSENT T. CITIZEN COMMENTS AND COMMUNICATIONS NONE U. REPORTS AND INQUIRIES OF BOARD MEMBERS Supervisor McNamara: (1) He indicated the Board had received a letter from Mr Green, owner of Aquarius Pools, regardinq the water ordinance He requested that Mr. Mahoney follow-up with Mr. Green to address his concerns. (2) He stated that letters had been received from citizens in the Rosewalk Subdivision and the Mt Pleasant area regardinq the proposed path of I-73 and the impact it is having on the marketability of their property. He asked that the Chairman draft a letter to Whitt Clement at the Virginia Department of Transportation (VDOT) requesting a timeline for the I-73 project through the Roanoke area. (3) He noted that the bond issues on the ballot for the November election, specifically with regard to item 2 -funding for parks and recreation facilities, does not include monies for Explore Park Mr Hodge will obtain information regardinq this matter and report back to the Board Supervisor Minnix: (1) He indicated that he shares the same concerns previously 8 mentioned by Supervisor McNamara. (2) He directed staff to closely monitor the water situation to ensure the availability of water for mandatory needs (i.e., drinking, cooking). He assured citizens that the County is closely monitoring the water situation to make certain that these needs can be met. Supervisor Flora: (1) He requested that staff evaluate the growth level of local government relative to the rate of inflation. Supervisor Church: (1) He recognized Justin Adams who was present at the meeting. Justin is a student at North Cross School and a member of Boy Scout Troop 236. He was attending the meeting with his father, Wayne Adams, for purposes of obtaining a merit badge. (2) He shared the news that he has a new granddaughter, Abigail Lindsey, who is living in Northern Virginia, and asked everyone to pray for a resolution to the situation in the Northern Virginia area. (3) He emphasized that the Board recognizes that changes have occurred in the I-73 situation, and he will send a letter to VDOT to determine the current status. (4) He extended a welcome to Pete Giesen, Special Assistant for Legislative Relations, who is present for a work session this evenina. V. WORK SESSION (4T" FLOOR CONFERENCE ROOM) j5:00 P.M.~ JBC ADJOURNED TO WORK SESSION AT 7:36 P.M. 1. Work session with Pete Giesen, Special Assistant for Legislative Relations, to develop the County's legislative program for the 2003 session of the General Assembly. (Paul Mahoney, County Attorney) TIME: 7:45 P.M. UNTIL 9:02 P.M. PRESENTED BY: ELMER HODGE, COUNTY ADMINISTRATORANDPAUL MAHONEY, COUNTY ATTORNEY MR. GIESEN OUTLINED THE BUDGET REDUCTIONS THAT HAVE BEEN ANNOUNCED AT THE STATE LEVEL AND INDICATED THAT THE REMAINING CUTS ARE TO BE ANNOUNCED ON DECEMBER 20. IT WAS THE CONSENSUS OF THE BOARD TO PROCEED WITH THE FOLLOWING LEGISLATIVE INITIATIVES: (1) THE STATE SHOULD NOT ATTEMPT TO BALANCE THE BUDGET AT THE EXPENSE OF THE LOCALITIES. (2) PURUSE A BILL ALLOWING COUNTIES TO INSTITUTE A TOBACCO TAX WHILE ALSO BRINGING FORTH A CHARTER AMENDMENT BILL SPECIFIC TO ROANOKE COUNTY. IT WAS THE CONSENSUS THAT THE LEGISLATORS MAYBE MORE RECEPTIVE TO A LOCAL BILL. PMM WAS DIRECTED TO DRAFT A POSITION PAPER FOR BOTH A CHARTER BILL AND GENERAL LAW AMENDMENT. THIS MATTER IS TO BE BROUGHT TO THE BOARD FOR A PUBLIC HEARING ON NOVEMBER 19, 2002. (3) FUNDING FROM VDOT FOR SMART ROAD. IT WAS THE CONSENSUS OF THE BOARD TO SCHEDULE A MEETING WITH LEGISLATORS IN EARLY DECEMBER ONCE THE POSITION PAPER HAS BEEN APPROVED W. ADJOURNMENT JBC ADJOURNED MEETING AT 9:02 P.M. UNTIL THURSDAY, OCTOBER 31, 2002 AT 12:00 P.M. FOR THE LEGISLATIVE SUMMIT MEETING TO BE HELD AT THE SALEM CIVIC CENTER. 10 MOAN ,~ r~nic"f"~'ua«mrr o~ F a ^. ~` _ ~ 183 ROANOKE COUNTY BOARD OF SUPERVISORS AGENDA OCTOBER 22, 2002 Good afternoon and welcome to our meeting for October 22, 2002. Regular meetings are held on the second Tuesday and the fourth Tuesday at 3:00 p.m. Public hearings are held at 7:00 p.m. on the fourth Tuesday of each month. Deviations from this schedule will be announced. The meetings are broadcast live on RVTV, Channel 3, and will be rebroadcast on Thursdays at 7 p.m. and on Saturdays at 4 p.m. The meetings 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. A. OPENING CEREMONIES (3:00 P.M.) 1. Roll Call 2. Invocation: Reverend Darryl Crim North Roanoke Baptist Church 3. Pledge of Allegiance to the United States Flag B. REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF AGENDA ITEMS C. PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND PRESENTATIONS 1. Proclamation declaring the month of October 2002 "National Arts and Humanities Month" in the County of Roanoke 2. Proclamation declaring the week of October 25 -November 3, 2002 "Red Ribbon Week" in the County of Roanoke to signify the community's commitment to fighting substance abuse. D. BRIEFINGS ® Recycled Paper E. NEW BUSINESS 1. Resolution petitioning the Circuit Court for a Writ of Election to fill the vacancy on the Board of Supervisors in the Vinton Magisterial District. (Paul Mahoney, County Attorney) 2. Request to approve refunding of the outstanding County of Roanoke General Obligation Public Improvement and Refunding Bonds, Series 1993, under certain conditions. (Diane D. Hyatt, Chief Financial Officer) 3. Request to approve refunding of the outstanding Industrial Development Authority of Roanoke County Lease Revenue Bonds, Series 1993, under certain conditions. (Diane D. Hyatt, Chief Financial Officer) F. REQUEST FOR PUBLIC HEARINGS AND FIRST READING OF REZONING ORDINANCES -CONSENT AGENDA: Approval of these items does not indicate support for, or judge the merits of, the requested zoning actions but satisfies procedural requirements and schedules the Public Hearings which will be held after recommendation by the Planning Commission. 1. First reading of an ordinance to obtain a special use permit for .55 acres for a home occupation in an accessory structure located at 3564 Grandin Road, Windsor Hills Magisterial District, upon the petition of Sheree and James Ringer. 2. First reading of an ordinance to rezone 16.255 acres from C-2 General Commercial District to R-1 Low Density Residential District for the purpose of constructing a single family dwelling located at 6012 Cove Road, Catawba Magisterial District, upon the petition of Larry G. and Ida Jane E. Conner. G. FIRST READING OF ORDINANCES 1. First reading of an ordinance authorizing the creation of and financing for a local public works improvement project, Glenvar Heights Boulevard water line extension project, Catawba Magisterial District. (Gary Robertson, Utility Director) 2. First reading of an ordinance to authorize the acquisition of the necessary easements to construct Phase 5 of the North Loop Water Transmission Line Project, Catawba Magisterial District. (Gary Robertson, Utility Director) H. SECOND READING OF ORDINANCES APPOINTMENTS 1. Building Code Board ofAdjustments and Appeals (Fire Code Board of Appeals) 2 2. Grievance Panel 3. Parks & Recreation Advisory Commission (Appointed by District) 4. Roanoke Valley Regional Cable Television Committee 5. Virginia Western Community College Board J. CONSENT AGENDA ALL MATTERS LISTED UNDERTHE CONSENTAGENDAARE CONSIDERED BYTHE BOARD TO BE ROUTINE AND WILL BE ENACTED BY ONE RESOLUTION IN THE FORM OR FORMS LISTED BELOW. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY. 1. Approval of minutes -October 8 and October 14, 2002 meetings 2. Request to release liens and amend performance agreement with Sims Automotive, Inc. 3. Approval of amended square footage for lease of rooftop space to Cellco Partnership, a Delaware General Partnership d/b/a Verizon Wireless, at the Salem Bank and Trust Building, 220 East Main Street, Salem, VA (reference ordinance #082702-18) 4. Request to accept donation from Wal-Mart in the amount of $1,200.00 for the purchase of equipment and supplies to outfit the two Roanoke County Police K-9 Officers and their K-9 partners. 5. Request to accept donation from the Vinton Moose Lodge in the amount of $250.00 for the purchase of equipment and supplies to outfit the two Roanoke County Police K-9 officers and their K-9 partners. K. REQUESTS FOR WORK SESSIONS 1. Work session to discuss year-end financial report and state budget reductions L. REQUESTS FOR PUBLIC HEARINGS M. CITIZENS' COMMENTS AND COMMUNICATIONS 3 N. REPORTS 1. General Fund Unappropriated Balance 2. Capital Fund Unappropriated Balance 3. Board Contingency Fund 4. Future School Capital Reserve 5. Accounts Paid -September 2002 6. Statement of Expenditures and Estimated and Actual Revenues for the month ended September 30, 2002 7. Statement of the Treasurer's Accountability per Investment and Portfolio Policy, as of September 30, 2002 8. Report of Claims Activity for the Self-Insurance Program 9. Report from VDOT of Changes to the Secondary Road System in September 2002 10. Proclamation Signed by the Chairman O. CLOSED MEETING pursuant to Code of Virginia 2.2-3711 A (5) discussion concerning a prospective business or industry where no previous announcement has been made. P. WORK SESSION (4T" FLOOR CONFERENCE ROOM) j5:00 P.M.) 1. Work session with Pete Giesen, Special Assistant for Legislative Relations, to develop the County's legislative program for the 2003 session of the General Assembly. (Paul Mahoney, County Attorney) EVENING SESSION Q. CERTIFICATION RESOLUTION R. PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND PRESENTATIONS 1. Recognition of Carrie Metheny for earning the Girl Scout Gold Award for the History of Cave Spring and presentation to the Board 4 S. PUBLIC HEARINGS AND SECOND READING OF ORDINANCES 1. Second reading of ordinance to amend conditions on a Special Use Permit to operate a construction yard on 2.62 acres zoned AV, Agricultural Village District, located at 7210 Franklin Road, Cave Spring Magisterial District, upon the petition of McNeil Asphalt. WITHDRAWN AT THE REQUEST OF THE PETITIONER. 2. Second reading of ordinance to rezone 22.743 acres from AR Agricultural Residential District to R-1 Low Density Residential District for development of single family housing located at Virginia Secondary Route 688 (Cotton Hill Road) and Raintree Road, Cave Spring Magisterial District, upon the petition of Cotton Hill Land Company, LC. CONTINUED UNTIL NOVEMBER 19, 2002 AT THE REQUEST OF THE PLANNING COMMISSION 3. Second reading of an ordinance to vacate a 50 foot public right of way, 20 foot drainage easement, 40 foot drainage easement and portions of 15 foot public utility easement recorded in Plat Book 24, Page 35 (Roanoke County) and Plat Book 24, Pages 1-3 (Botetourt County), Stonegate -Phase I, Hollins Magisterial District. (Arnold Covey, Director of Community Development) T. CITIZEN COMMENTS AND COMMUNICATIONS U. REPORTS AND INQUIRIES OF BOARD MEMBERS V. ADJOURNMENT 5 C-1 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: AGENDA ITEM: October 22, 2002 Proclamation declaring the month of October, 2002 as National Arts and Humanities Month in Roanoke County COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Ms. Susan Jennings, Executive Director of the Arts Council of the Blue Ridge, will be present to accept the proclamation declaring the month of October, 2002 as National Arts and Humanities Month in Roanoke County. For the ninth year, mayor and public officials across America have been proclaiming October as National Arts and Humanities month, hailing the arts and humanities as vital to the well-being of families, communities, and the nation as a whole. It is estimated that the arts and cultural industry contributes $26 million in economic activity annually. STAFF RECOMMENDATION: Approved by: ~~~ Elmer C. Hodge County Administrator ACTION VOTE No. Yes Abs Approved () Motion by: Church _ Denied () Flora _ _ Received () McNamara- _ Referred () Minnix _ _ To () Nickens _ _ cc: File C-~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, OCTOBER 22, 2002 PROCLAMATION DECLARING THE MONTH OF OCTOBER 2002 AS NATIONAL ARTS AND HUMANITIES MONTH IN ROANOKE COUNTY WHEREAS, the month of October has been recognized as National Arts and Humanities Month by thousands of arts and cultural organizations, communities, and states across the nation as well as by the White House and Congress for several years; and, WHEREAS, the arts and humanities embody much of the accumulated wisdom, intellect, and imagination of humankind; and, WHEREAS, the arts and humanities enhance and enrich the lives of every American; and, WHEREAS, arts education research findings suggest the following: ^ The arts help close the achievement gap, especially among disadvantaged youth. ^ The arts improve the academic skills essential for reading and language development. ^ The arts build strong mathematical skills. ^ The arts advance the motivation to learn. ^ The arts promote positive social development. WHEREAS, the Roanoke region nonprofit arts and cultural industry strengthens our economy by generating $26 million in economic activity annually; and, WHEREAS, Americans for the Arts, the national coordinator of National Arts and Humanities Month, has focused the theme of this year's celebration on arts and cultural .~ ~-1 education and the Roanoke region cultural industry serves 50 school districts and 300,000 children annually; and, WHEREAS, the United States Conference of Mayors passed unanimously in June 2002 a policy resolution to urge mayors and other elected officials to proclaim October as National Arts and Humanities Month; NOW THEREFORE, WE, the Roanoke County Board of Supervisors do hereby proclaim and recognize the month of October 2002 as National Arts and Humanities Month and call upon the citizens of the County of Roanoke to observe this week with appropriate ceremonies and activities. 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: AGENDA ITEM: October 22, 2002 Proclamation declaring October 25 through November 3, 2002 as Red Ribbon Week in Roanoke County SUMMARY OF INFORMATION RAYSAC, the Roanoke Area Youth Substance Abuse Coalition, and Blue Ridge Behavioral Healthcare have asked that the Board proclaim October 25 through November 3, 2002 as Red Ribbon Week. The red ribbon has been designated as the symbol of intolerance of the illegal use of drugs and a commitment to a drug-free lifestyle. Attached is a letter from Mary Gwen Parker, Secretary/Treasurer of RAYSAC, describing the special activities that are planned during the week. Ms. Parker and Mr. Myles Jackson, Co- Chair of RAYSAC, will be present to accept the proclamation at the Board meeting. Approved by: fT°~Y` Elmer C. Hodge County Administrator ACTION Approved ( ) Denied ( ) Received ( ) Referred ( ) To ( ) Motion by: VOTE No Yes Church _ _ Flora _ _ McNamara- Minnix _ _ Nickens Abs ~~~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, OCTOBER 22, 2002 PROCLAMATION DECLARING OCTOBER 25 THROUGH NOVEMBER 3, 2002 AS RED RIBBON WEEK IN ROANOKE COUNTY WHEREAS, the Red Ribbon Campaign was initiated in 1985 by the Virginia Federation of Communities for Drug-Free Youth; and WHEREAS, the red ribbon was designated as the symbol of intolerance of illegal drug use and a commitment to a drug-free life style; and WHEREAS, akick-off press conference for Red Ribbon Week and "It Takes The Whole Valley To Raise A Child" campaign will be held at Victory Stadium on Friday, October 25, 2002; and WHEREAS, a group of concerned citizens, parents, students, teachers, police officers, business people, judges, drug treatment providers, counselors, ministers, and other caring individuals have established the Roanoke Area Youth Substance Abuse Coalition (RAYSAC) to bring better coordination and development of substance abuse prevention programs and resources; and WHEREAS, RAYSAC works with Blue Ridge Behavioral Healthcare towards creating a community norm that drug abuse will not be tolerated; and WHEREAS, RAYSAC and Blue Ridge Behavioral Healthcare have asked that the Board of Supervisors recognize Red Ribbon Week in Roanoke County and are promoting the Red Ribbon Campaign in the Roanoke Valley through a variety of activities. NOW, THEREFORE, WE, the Board of Supervisors of Roanoke County, Virginia do 1 c-~ hereby proclaim October 25 through November 3, 2002 as RED RIBBON WEEK in Roanoke County, Virginia, and encourages all of our citizens to join in the observances and activities of this event. 2 RpYSAC Roanoke County Board of Supervisors Mary Allen County Clerk 5204 Bernard Drive, S W Roanoke, VA 24018 .~,oanoke ~Lrea ~'outh Sudstance .~(6use Coalition ~~- r ~,i'tiiF ~, ,,~. ~: ~ ` ~ 1 ~ Dear Chairman and Members of the Board: c-a P.O. Box 13543 7Z,oanoke, `~~ 24035 (540) 982-1427 September 6, 2002 For the ninth year, citizens of the Roanoke Valley and Botetourt County will be asked to take a stand against illegal drug use through the observance of Red Ribbon Week. RAYSAC (the Roanoke Area Youth Substance Abuse Coalition) and Blue Ridge Behavioral Healthcare, would like to formally ask the Roanoke County Board of Supervisors to proclaim October 25 -November 3 as Red Ribbon Week in your community. The Virginia Federation of Communities for Drug-Free Youth following the murder of Federal Agent Enrique Camarena initiated the Red Ribbon Campaign in 1985 by drug traffickers. Since that time, the red ribbon has been designated as the symbol of intolerance of the illegal use of drugs and a commitment to a drug-free lifestyle. Communities recognize the last week in October as Red Ribbon Week across the country. In the Roanoke Valley a number of events are scheduled: • A Kick-off press conference for Red Ribbon Week and "It Takes The Whole Palley To Raise A Child " campaign will be held at Victory Stadium on Friday, October 25th • October 25 & 26 RAYSAC sacks filled with parenting information will be passed out at area football games and skating rinks • Two free parenting workshops will be held on October 29, 5:30-6:30, and November 1, 12:00-1:00 p.m., at the Higher Learning Center • Sunday, November 3 at 7:00 p.m., at the Hotel Roanoke Conference Center, a Candlelight Vigil of Remembrance and Hope will be held to remember those whose lives have been affected by substance abuse. • A number of businesses and agencies throughout the region will sport banners and ribbons in support of this week. RAYSAC is an organization that includes concerned parents, students, teachers, police officers, business people, judges, drug treatment providers, counselors, ministers, and more. Working with Blue Ridge Behavioral Healthcare they are committed to creating a community norm that drug abuse will not be tolerated. Thank you in advance for considering our request for a proclamation. If possible, please present this to your elected officials at a meeting as close to the start of Red Ribbon Week as possible. If you have any questions, please don't hesitate to call me at 982-1427. The proclamation can be sent to me at 541 Luck Avenue, Suite 230, Roanoke, Virginia, 24016, or please let me know and I will be happy to come by and pick it up. Sincerely, Mary~GYven Parker Secretary/Treasurer - J1(on Profit Organization - ~ s~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, ON TUESDAY, OCTOBER 22, 2002 RESOLUTION 102202-1 PETITIONING THE CIRCUIT COURT FOR A WRIT OF ELECTION TO FILL THE VACANCY ON THE BOARD OF SUPERVISORS IN THE VINTON MAGISTERIAL DISTRICT WHEREAS, Section 24.2-226 of the Code of Virginia provides that within 15 days of the occurrence of a vacancy, a governing body shall petition the circuit court to issue a writ ordering the election for the next ensuing general election to be held in November. If the vacancy occurs within 120 days prior to that election, then the writ shall order the election to be held at the second ensuing general election -November 4, 2003; and WHEREAS, pursuant to the authority granted by the Code of Virginia, the Board proposes to call a special election to take the sense of the voters of the County on filling the vacancy in the on the Board of Supervisors in the Vinton Magisterial District. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the Board hereby petitions the Circuit Court of Roanoke County to order an election on November 4, 2003, on the filling of the vacancy on the Board of Supervisors in the Vinton Magisterial District. 2. That the Clerk of the Board is instructed to immediately file a certified copy of this resolution with the Circuit Court of Roanoke County, Virginia. 3. That the Secretary of the Roanoke County Electoral Board shall publish a notice of such election in a newspaper of general circulation in the County once at least 1 ten days prior to such election as required in Section 24.2-683 of the Code of Virginia; and 4. That the County Administrator is hereby authorized and directed to take such actions as may be necessary to accomplish the intent of this resolution. 5. That this resolution shall take effect immediately. On motion of Supervisor McNamara to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Flora, McNamara, Minnix, Church NAYS: None ABSENT: Supervisor Nickens A COPY TESTE: Diane S. Childers Clerk to the Board of Supervisors cc: File Paul M. Mahoney, County Attorney 2 Action No. Item No. ~ -' AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: October 22, 2002 AGENDA ITEM: RESOLUTION PETITIONING THE CIRCUIT COURT FOR A WRIT OF ELECTION TO FILL THE VACANCY ON THE BOARD OF SUPERVISORS IN THE VINTON MAGISTERIAL DISTRICT COUNTY ADMINISTRATOR'S COMMENTS: ~~y~,,,oz,,,~ SUMMARY OF INFORMATION: This Resolution petitions the Circuit Court of Roanoke County to issue a Writ of Election to fill vacancy on the Board of Supervisors in the Vinton Magisterial District due to the resignation of Dr. Harry C. Nickens. Section 24.2-226 of the Code of Virginia provides that within 15 days of the occurrence of a vacancy, a governing body shall petition the circuit court to issue a writ ordering the election for the next ensuing general election to be held in November. If the vacancy occurs within 120 days prior to that election, then the writ shall order the election to be held at the second ensuing general election - November 4, 2003. The person so elected shall hold the office for the remaining portion of the regular term of the office for which the vacancy is being filled, which in this case is December 31, 2005. STAFF RECOMMENDATION: It is recommended that the Board favorably consider the adoption of this Resolution. Respectfully submitted: ~ ~ 1 .~ Paul M. Mahoney County Attorney U:\W PDOCS\AGENDA\GENERAL\special.election. bd.of. sup.rpt.wpd Approved( ) Denied( ) Received( ) Referred( ) to Action Motion by Church Flora McNamara Minnix Nickens Vote No Yes Abs ~- i ~~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, ON TUESDAY, OCTOBER 22, 2002 RESOLUTION PETITIONING THE CIRCUIT COURT FOR A WRIT OF ELECTION TO FILL THE VACANCY ON THE BOARD OF SUPERVISORS IN THE VINTON MAGISTERIAL DISTRICT WHEREAS, Section 24.2-226 of the Code of Virginia provides that within 15 days of the occurrence of a vacancy, a governing body shall petition the circuit court to issue a writ ordering the election for the next ensuing general election to be held in November. If the vacancy occurs within 120 days prior to that election, then the writ shall order the election to be held at the second ensuing general election -November 4, 2003.; and WHEREAS, pursuant to the authority granted by the Code of Virginia, the Board proposes to call a special election to take the sense of the voters of the County on filling the vacancy in the on the Board of Supervisors in the Vinton Magisterial District. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: That the Board hereby petitions the Circuit Court of Roanoke County to order an election on November 4, 2003, on the filling of the vacancy on the Board of Supervisors in the Vinton Magisterial District. 2. That the Clerk of the Board is instructed to immediately file a certified copy of this resolution with the Circuit Court of Roanoke County, Virginia. 3. That the Secretary of the Roanoke County Electoral Board shall publish a notice of such election in a newspaper of general circulation in the County once at least ten days prior to such election as required in Section 24.2-683 of the Code of Virginia; and ~~... I 4. That the County Administrator is hereby authorized and directed to take such actions as may be necessary to accomplish the intent of this resolution. 5. That this resolution shall take effect immediately. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, OCTOBER 22, 2002 RESOLUTION 102202-2 OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA AUTHORIZING THE ISSUANCE AND SALE OF GENERAL OBLIGATION REFUNDING BONDS WHEREAS, the Board of Supervisors (the "Board") of Roanoke County, Virginia (the "County") has issued the following general obligation bonds (the "Prior Bonds"): General Obligation Public Improvement and Refunding Bonds, Series 1993; WHEREAS, the Board proposes to authorize the issuance of general obligation refunding bonds (the "Refunding Bonds") to refund all or a portion of the Prior Bonds; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA Authorization of Refunding Bonds and Use of Proceeds. The Board hereby determines that it is advisable to contract a debt and to issue and sell the Refunding Bonds in the maximum aggregate principal amount of $30,000,000. The issuance and sale of the Refunding Bonds are hereby authorized. The proceeds from the issuance and sale of the Refunding Bonds shall be used to refund all or a portion of the Prior Bonds and to pay the costs of issuing the Refunding Bonds. 2. Pledge of Full Faith and Credit. The full faith and credit of the County are hereby irrevocably pledged for the payment of the principal of, premium, if any, and interest on the Refunding Bonds as the same become due and payable. The Board shall levy an annual ad valorem tax upon all property in the County, subject to local taxation, sufficient to pay the principal of, premium, if any, and interest on the Refunding Bonds as the same shall become due for payment unless other funds are lawfully available and appropriated for the timely payment thereof. 3. Details and Sale of Refunding Bonds. The Refunding Bonds shall be issued upon the terms established pursuant to this Resolution and upon such other terms as may be determined in the manner set forth in this Resolution. The Refunding Bonds shall be issued in fully registered form in one or more series at such time or times as the County Administratorshallapprnve, shall be dated such date ordates as the CountyAdministrator shall approve, shall be in denominations of $5,000 and integral multiples thereof and shall be numbered from R-1 upwards consecutively. The Refunding Bonds shall be issued in such aggregate principal amount and shall mature on such dates and in such amounts as the CountyAdministratormay approve, provided that the aggregate principal amount of the Refunding Bonds, shall not exceed the maximum amount set forth in paragraph 1 and the final maturity of the Refunding Bonds is not later than 20 years from their date. The County Administrator is authorized and directed to accept the proposal for the purchase of the Refunding Bonds which he determines to be in the best interest of the County and the Refunding Bonds shall bear interest, payable semi-annually, at such rate or rates and shall be sold at such price as may be set forth in the proposal accepted by the County Administrator; provided that the true interest cost of the Refunding Bonds shall not exceed 5.5% per annum and the purchase price shall be not less than 97% of the par amount of the Refunding Bonds. The County Administrator is authorized and directed to approve such additional terms of the Refunding Bonds, including such optional redemption provisions for the Refunding Bonds, if any, as he may determine to be in the best interest of the County. The County Administrator is authorized to execute and deliver a Bond 2 Purchase Agreement providing for the sale of the Refunding Bonds upon the terms set forth in this Resolution and containing such other provisions as the County Administrator may approve. 4. Form of Refunding Bonds. The Refunding Bonds shall be in substantiallythe form attached to this Resolution as Exhibit A, with such appropriate variations, omissions and insertions as are permitted or required by this Resolution. There may be endorsed on the Refunding Bonds such legend or text as may be necessary or appropriate to conform to any applicable rules and regulations of any governmental authority or any usage or requirement of law with respect thereto. 5. Book-Entry-Only Form. The Refunding Bonds shall be issued in book-entry- only form. The Refunding Bonds shall be issued infully-registered form and registered in the name of Cede & Co., as nominee of The Depository Trust Company, New York, New York ("DTC") as registered owner of the Refunding Bonds, and immobilized in the custody of DTC. One fully-registered Refunding Bond in typewritten or printed form for the principal amount of each maturity of the Refunding Bonds shall be registered to Cede & Co. Beneficial owners of the Refunding Bonds shall not receive physical delivery of the Refunding Bonds. Principal, premium, if any, and interest payments on the Refunding Bonds shall be made to DTC or its nominee as registered owner of the Refunding Bonds on the applicable payment date. Transfer of ownership interest in the Refunding Bonds shall be made by DTC and its participants (the "Participants"), acting as nominees of the beneficial owners of the Refunding Bonds in accordance with rules specified by DTC and its Participants. The County shall notify DTC of any notice required to be given pursuant to this Resolution or 3 the Refunding Bonds not less than fifteen (15) calendar days prior to the date upon which such notice is required to be given. The County shall also comply with the agreements set forth in the County's Letter of Representations to DTC. Replacement Bonds (the "Replacement Bonds") shall be issued directlyto beneficial owners of the Refunding Bonds rather than to DTC or its nominee but only in the event that: (i) DTC determines not to continue to act as securities depository for the Refunding Bonds; or (ii) The County has determined not to continue to use DTC as the securities depository for the Refunding Bonds; or (iii) The County has determined not to continue the book-entry system of transfer. Upon occurrence of the event described in (I) or (ii) above, the County shall attempt to locate another qualified securities depository. If the County fails to locate another qualified securities depository to replace DTC or upon the occurrence of the event described in (iii) above, the County shall execute and deliver Replacement Bonds substantially in the form set forth in Exhibit A attached hereto. Principal of and interest on the Replacement Bonds shall be payable as provided in this Resolution and in the Refunding Bonds and such Replacement Bonds will be transferable in accordance with the provisions of paragraphs 9 and 10 of this Resolution and the Refunding Bonds. 6. A~pointmentofBond Registrarand Paying Agent. The CountyAdministrator is authorized and directed to appoint a Bond Registrar and Paying Agent for the Refunding Bonds and as long as the Refunding Bonds are in book entry form such Bond Registrar 4 and Paying Agent may be the County Administrator, the Chief Financial Officer or other appropriate officer of the County. The County Administrator may appoint a subsequent registrar and/or one or more paying agents for the Refunding Bonds upon giving written notice to the owners of the Refunding Bonds specifying the name and location of any such registrar or paying agent. 7. Execution of Refunding Bonds. The Chairman of the Board and the Clerk of the Board are authorized and directed to execute appropriate negotiable Refunding Bonds and to affix the seal of the County thereto and to deliver the Refunding Bonds to the purchaser thereof upon payment of the purchase price. The manner of execution and affixation of the seal may be by facsimile, provided, however, that if the signatures of the Chairman and the Clerk are both by facsimile, the Refunding Bonds shall not be valid until signed at the foot thereof by the manual signature of the Bond Registrar. 8. CUSIP Numbers. The Refunding Bonds shall have CUSIP identification numbers printed thereon. No such number shall constitute a part of the contract evidenced by the Bond on which it is imprinted and no liability shall attach to the County, or any of its officers or agents by reason of such numbers or any use made of such numbers, including any use by the County and any officer or agent of the County, by reason of any inaccuracy, error or omission with respect to such numbers. 9. Registration. Transfer and Exchange Upon surrender for transfer or exchange of any Refunding Bond at the principal office of the Bond Registrar, the County shall execute and deliver and the Bond Registrar shall authenticate in the name of the transferee or transferees a new Refunding Bond or Bonds of any authorized denomination in an aggregate principal amount equal to the Refunding Bond surrendered and of the 5 same form and maturity and bearing interest at the same rate as the Refunding Bond surrendered, subject in each case to such reasonable regulations as the County and the Bond Registrar may prescribe. All Refunding Bonds presented for transferor exchange shall be accompanied by a written instrument or instruments of transfer or authorization for exchange, in form and substance reasonably satisfactory to the County and the Bond Registrar, duly executed by the registered owner or by his or her duly authorized attorney- in-fact or legal representative. No Refunding Bond may be registered to bearer. New Refunding Bonds delivered upon any transfer or exchange shall be valid obligations of the County, evidencing the same debt as the Refunding Bonds surrendered, shall be secured by this Resolution and entitled to all of the security and benefits hereof to the same extent as the Refunding Bonds surrendered. 10. Charges for Exchange or Transfer. No charge shall be made for any exchange or transfer of Refunding Bonds, but the County may require payment by the registered owner of any Refunding Bond of a sum sufficient to cover any tax or other governmental charge which may be imposed with respect to the transferor exchange of such Refunding Bond. 11. Non-Arbitrage Certificate and Tax Covenants The County Administratorand the Chief Financial Officer, or either of them, are authorized and directed to execute a Non- Arbitrage Certificate and Tax Covenants setting forth the expected use and investment of the proceeds of the Refunding Bonds and containing such covenants as may be necessary in order to comply with the provisions of the Code, including the provisions of Section 148 of the Code and applicable regulations relating to "arbitrage bonds." The Board covenants on behalf of the County that all of such proceeds will be invested and expended as set 6 forth in the County's Non-Arbitrage Certificate and Tax Covenants and that the County will comply with the other covenants and representations contained therein. 12. Refunding of Prior Bonds. The County Administratoravd the Chief Financial Officer, or either of them, is authorized to (a) take such action as may be necessary to provide for the refunding and redemption of the Prior Bonds and (b) enter into one or more Escrow Agreements with an escrow agent to be selected by the Chief Financial Officer providing for the deposit and investment of such portion of the proceeds of the Refunding Bonds to be applied to the redemption or payment of the Prior Bonds on the earliest practicable date. 13. Disclosure Documents. The Chief Financial Officer and the County Administrator, or either of them, and such officers and agents of the County as either of them may designate are hereby authorized and directed to prepare, execute, if required, and deliver an appropriate preliminary official statement, official statement or such other offering or disclosure documents as may be necessary to expedite the sale of the Refunding Bonds. The preliminaryofficial statement, official statementorotherdocuments shall be published in such publications and distributed in such manner, including electronically, and at such times as the Chief Financial Officer shall determine. The County Administrator is authorized and directed to deem the preliminary official statement "final" for purposes of Securities and Exchange Commission Rule 15c2-12. 14. Continuing Disclosure. The County Administrator and the Chief Financial Officer, or either of them, are authorized and directed to enter into a Continuing Disclosure Agreement for the benefit of the owners of the Refunding Bonds to assist the underwriter 7 for the Refunding Bonds in complying with the provisions of Section (b)(5) of Securities and Exchange Commission Rule 15c2-12. 15. Further Actions. The County Administrator and the Chief Financial Officer and such officers and agents of the County as either of them may designate are authorized and directed to take such further action as they deem necessary regarding the issuance and sale of the Refunding Bonds and all actions taken by such officers and agents in connection with the issuance and sale of the Refunding Bonds are ratified and confirmed. 16. Effective Date: Applicable Law. This Resolution shall take effect immediately. The Board elects, pursuant to Virginia Code Section 15.2-2601 to issue the Refunding Bonds pursuant to the provisions of the Public Finance Act of 1991. On motion of Supervisor Minnix to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Flora, McNamara, Minnix, Church NAYS: None ABSENT: Supervisor Nickens A COPY TESTE: Diane S. Childers Clerk to the Board of Supervisors cc: File Diane D. Hyatt, Chief Financial Officer Daniel Morris, Director, Finance Paul M. Mahoney, County Attorney 8 ACTION NO ITEM NUMBER ~-a AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: October 22, 2002 AGENDA ITEM: Request to Approve Refunding of the Outstanding County of Roanoke General Obligation Public Improvement and Refunding Bonds, Series 1993, Under Certain Conditions COUNTY ADMINISTRATOR'S COMMENTS: Recommend approval BACKGROUND: In March 1993, the County of Roanoke issued $49,835,000 of General Obligation Public Improvement and Refunding Bonds, Series 1993 (the "Series 1993 Bonds"). The Series 1993 Bonds were issued to finance approximately $17.79 million of new projects, and forthe advance and current refunding of approximately $37.21 of general obligation bonds issued by the County at various times from 1977 to 1991. The interest rate yield on the Series 1993 Bonds ranged from a low of 2.3 % for the serial bond due June 1, 1993 to a high of 5.8 % for the term bond due June 1, 2021. SUMMARY OF INFORMATION: The Series 1993 Bonds are subject to optional redemption at the option of the County beginning June 1, 2003. As of October 2002, the County had $26,810,000 of its Series 1993 Bonds outstanding, with coupon interest rates ranging from 5.00% to 5.50%. A detail schedule of the projects that were funded with these outstanding bonds is shown as Attachment A. Because the original issue contained an advance refunding, the County is limited to a current refunding of these bonds. This means that any refunding escrow must be disbursed within 90 days. Therefore, current refunding bonds may be issued up to 90 days prior to the redemption date of the refunded bonds. As the Series 1993 Bonds are not subject to optional redemption until June 1, 2003, the earliest date a current refunding bond can be issued is March 1, 2003. Jim Johnson, of Morgan, Keegan, and Co, our financial advisors, informed us that the marketplace has developed financing structures that allow an issuer to take advantage of the current low interest rate environment and lock in an interest rate for settlement at a future date. In this way, we can lock in today's favorable rate, but not close until March 1, 2003. There is a premium to the current market interest rates for these "forward delivery refunding bonds". The ~~~ closer the bond sale date is to the delivery date, the lower the forward premium. Upon discussions with Jim Johnson, we would like to put together the team and the documents to be ready for the refinancing, and then hold them as long as we can between now and March 1, 2003. If the market looks like the interest rates are going up, we can go ahead and move on the refinancing. If the market is stable, or interest rates decline, we will wait until March 1, 2003 to do the refinancing. FISCAL IMPACT: The attached resolution authorizes the sale of up to $30 million of bonds to refinance the $26,810,000 of currently outstanding Series 1993 Bonds. The higher cap on the new bonds allows us to pay a premium in order to sell the bonds at a discount if that generates the best savings. Bonds sold at a discount would have a lower interest rate, and could result in lower annual payments than bonds sold at par. The cost to issue these bonds is estimated to be $75,000, which will cover bond council services, financial advisor services, printing of the official statements, fees paid to rating agencies, and trustee fees. In addition, the underwriters of the issue with charge approximately $151,000. These expenses will be built into the bond refinancing and will be paid for from the bond proceeds. Base upon current market conditions, it is estimated that the County will net savings of over $2 million net present value, between now and June 1, 2021. Annual savings are estimated at $180,000 through June 1, 2013, and $80,000 after that. STAFF RECOMMENDATION: Staff recommends adopting the attached resolution which gives the County Administrator and the Chief Financial Officer the authority to refinance the 1993 General Obligation and Refinancing Bonds when market conditions generate sufficient savings. SUBMITTED BY: Diane D. Hyatt Chief Financial Officer APPROVED: ~, f~a°~ Elmer C. Hodge County Administrator L-_ ~ List of Projects to Be Refunded Attachment A Originallssue Still Outstanding 1993 GO Bonds New Bond Issue County Debt North County Library $ 1,500,000.00 Dixie Caverns Landfill 2,750,000.00 Drainage /Flood control 1,000,000.00 Roads 500,000.00 Valley Techpark 750,000.00 Fire Hydrants 184,000.00 Land for new South Co High School 750,000.00 Northside School site 52,000.00 Starkey park 149,000.00 Bonsack park 45,000.00 Vinyard park 337,000.00 Byrd ball park 60,000.00 Garst Mill Park 124,000.00 Whispering Pines Park 152,000.00 Career Center 60,000.00 Walrond Park 93,000.00 Mt. Pleasant Park 40,000.00 Green Hill Park 30,000.00 Stonebridge park 25,000.00 Windsor Hills park 143,000.00 Tennis Courts 210,400.00 Fencing, ground cover, and surface treating 158,000.00 Craig Ave Center 41,000.00 Walrond Office 4,500.00 Leisure Arts Center 11,000.00 ADA Access 15,100.00 Bond Issuance costs 100,000.00 9,284,000.00 $ School Debt Mason Cove renovation 530,000.00 Back Creek Classrooms 636,000.00 Cave Spring Elem Library 1,100,000.00 Glenvar Elem renovations 300,000.00 Herman L. Horn renovations 300,000.00 Mt. View renovations 400,000.00 Oak Grove renovations 350,000.00 6,426,597.50 \\FIN\105590.1 ..- Burlington renovations Mt. Pleasant renovations Clearbrook renovations R.E. Cook renovations Glenvar High/Middle renovations Glenvar High/Middle A&E Northside High A&E Wm Byrd High A&E Cave Spring High A&E Bond Issuance costs 1993 Refinancing GO Bonds Water Projects (1988 VRA Bonds) Sewer Projects (1988 VRA Bonds) County General Fund (1991 GO) -Reservoir 500,000.00 600, 000.00 380, 000.00 300, 000.00 2, 500, 000.00 150, 000.00 90, 000.00 120, 000.00 150, 000.00 100,000.00 8, 506, 000.00 -4 5,888,402.50 526,680.00 1, 948, 320.00 12, 020, 000.00 $ 26, 810, 000.00 y A RESOLUTION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA AUTHORIZING THE ISSUANCE AND SALE OF GENERAL OBLIGATION RF,FIINDING BONDS WHEREAS, the Board of Supervisors (the "Board") of Roanoke County, Virginia (the "County") has issued the following general obligation bonds (the "Prior Bonds"): General Obligation Public Improvement and Refunding Bonds, Series 1993; WHEREAS, the Board proposes to authorize the issuance of general obligation refunding bonds (the "Refunding Bonds") to refund all or a portion of the Prior Bonds; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA 1. Authorization of Refunding, Bonds and Use of Proceeds. The Board hereby determines that it is advisable to contract a debt and to issue and sell the Refunding Bonds in the maximum aggregate principal amount of $30,000,000. The issuance and sale ofthe Refunding Bonds are hereby authorized. The proceeds from the issuance and sale of the Refunding Bonds shall be used to refund all or a portion of the Prior Bonds and to pay the costs of issuing the Refunding Bonds. 2. Pledge of Full Faith and Credit. The full faith and credit of the County are hereby irrevocably pledged for the payment of the principal of, premium, if any, and interest on the Refunding Bonds as the same become due and payable. The Board shall levy an annual ad valorem tax upon all property in the County, subject to local taxation, sufficient to pay the principal of, premium, if any, and interest on the Refunding Bonds as the same shall become due for payment unless other funds are lawfully available and appropriated for the timely payment thereof. 3. Details and Sale of Refundin Bg onds. The Refunding Bonds shall be issued upon the terms established pursuant to this Resolution and upon such other terms as may be determined in the g-a. manner set forth in this Resolution. The Refunding Bonds shall be issued in fully registered form in one or more series at such time or times as the County Administrator shall approve, shall be dated such date or dates as the County Administrator shall approve, shall be in denominations of $5,000 and integral multiples thereof and shall be numbered from R-1 upwards consecutively. The Refunding Bonds shall be issued in such aggregate principal amount and shall mature on such dates and in such amounts as the County Administrator may approve, provided that the aggregate principal amount of the Refunding Bonds, shall not exceed the maximum amount set forth in paragraph 1 and the final maturity of the Refunding Bonds is not later than 20 years from their date. The County Administrator is authorized and directed to accept the proposal for the purchase of the Refunding Bonds which he determines to be in the best interest of the County and the Refunding Bonds shall bear interest, payable semi-annually, at such rate or rates and shall be sold at such price as may be set forth in the proposal accepted by the County Administrator; provided that the true interest cost of the Refunding Bonds shall not exceed 5.5% per annum and the purchase price shall be not less than 97% of the par amount of the Refunding Bonds. The County Administrator is authorized and directed to approve such additional terms of the Refunding Bonds, including such optional redemption provisions for the Refunding Bonds, if any, as he may determine to be in the best interest of the County. The County Administrator is authorized to execute and deliver a Bond Purchase Agreement providing for the sale of the Refunding Bonds upon the terms set forth in this Resolution and containing such other provisions as the County Administrator may approve. 4. Form of Refunding Bonds. The Refunding Bonds shall be in substantially the form attached to this Resolution as Exhibit A, with such appropriate variations, omissions and insertions as are permitted or required by this Resolution. There may be endorsed on the Refunding Bonds such -2- legend or text as may be necessary or appropriate to conform to any applicable rules and regulations of any governmental authority or any usage or requirement of law with respect thereto. 5. Book-Entry-Only Fonm. The Refunding Bonds shall be issued in book-entry-only form. The Refunding Bonds shall be issued in fully-registered form and registered in the name of Cede & Co., as nominee of The Depository Trust Company, New York, New York ("DTC") as registered owner of the Refunding Bonds, and immobilized in the custody of DTC. One fizlly- registered Refunding Bond in typewritten or printed form for the principal amount ofeach maturity of the Refunding Bonds shall be registered to Cede & Co. Beneficial owners of the Refunding Bonds shall not receive physical delivery of the Refunding Bonds. Principal, premium, if any, and interest payments on the Refunding Bonds shall be made to DTC or its nominee as registered owner of the Refunding Bonds on the applicable payment date. Transfer of ownership interest in the Refunding Bonds shall be made by DTC and its participants (the "Participants"), acting as nominees of the beneficial owners of the Refunding Bonds in accordance with rules specified by DTC and its Participants. The County shall notify DTC of any notice required to be given pursuant to this Resolution or the Refunding Bonds not less than fifteen (15) calendar days prior to the date upon which such notice is required to be given. The County shall also comply with the agreements set forth in the County's Letter of Representations to DTC. Replacement Bonds (the "Replacement Bonds") shall be issued directly to beneficial owners of the Refunding Bonds rather than to DTC or its nominee but only in the event that: (i) DTC determines not to continue to act as securities depository for the Refunding Bonds; or ~" °`! (ii) The County has determined not to continue to use DTC as the securities depository for the Refunding Bonds; or (iii) The County has determined not to continue the book-entry system of transfer. Upon occurrence ofthe event described in (i) or (ii) above, the County shall attempt to locate another qualified securities depository. If the County fails to locate another qualified securities depository to replace DTC or upon the occurrence of the event described in (iii) above, the County shall execute and deliver Replacement Bonds substantially in the form set forth in Exhibit A attached hereto. Principal of and interest on the Replacement Bonds shall be payable as provided in this Resolution and in the Refunding Bonds and such Replacement Bonds will be transferable in accordance with the provisions ofparagraphs 9 and 10 ofthis Resolution and the Refunding Bonds. 6. Appointment of Bond Registrar and Paying_A eg_nt. The County Administrator is authorized and directed to appoint a Bond Registrar and Paying Agent for the Refunding Bonds and as long as the Refunding Bonds are in book entry form such Bond Registrar and Paying Agent maybe the County Administrator, the Chief Financial Officer or other appropriate officer of the County. The County Administrator may appoint a subsequent registrar and/or one or more paying agents for the Refunding Bonds upon giving written notice to the owners of the Refunding Bonds specifying the name and location of any such registrar or paying agent. 7. Execution of Refunding Bonds. The Chairman of the Board and the Clerk of the Board are authorized and directed to execute appropriate negotiable Refunding Bonds and to affix the seal of the County thereto and to deliver the Refunding Bonds to the purchaser thereof upon payment of the purchase price. The manner of execution and affixation of the seal may be by facsimile, -~ ~. provided, however, that if the signatures of the Chairman and the Clerk are both by facsimile, the Refunding Bonds shall not be valid until signed at the foot thereof by the manual signature of the Bond Registrar. 8. CUSIP Numbers. The Refunding Bonds shall have CUSIP identification numbers printed thereon. No such number shall constitute a part of the contract evidenced by the Bond on which it is imprinted and no liability shall attach to the County, or any of its officers or agents by reason of such numbers or any use made of such numbers, including any use by the County and any officer or agent of the County, by reason of any inaccuracy, error or omission with respect to such numbers. 9. Registration, Transfer and Exchange. Upon surrender for transfer or exchange of any Refunding Bond at the principal office of the Bond Registrar, the County shall execute and deliver and the Bond Registrar shall authenticate in the name of the transferee or transferees a new Refunding Bond or Bonds of any authorized denomination in an aggregate principal amount equal to the Refunding Bond surrendered and ofthe same form and maturity and bearing interest at the same rate as the Refunding Bond surrendered, subject in each case to such reasonable regulations as the County and the Bond Registrar may prescribe. All Refunding Bonds presented for transfer or exchange shall be accompanied by a written instrument or instruments of transfer or authorization for exchange, in form and substance reasonably satisfactory to the County and the Bond Registrar, duly executed by the registered owner or by his or her duly authorized attorney-in-fact or legal representative. No Refunding Bond may be registered to bearer. New Refunding Bonds delivered upon any transfer or exchange shall be valid obligations of the County, evidencing the same debt as the Refunding Bonds surrendered, shall be secured by this ~- ~" Resolution and entitled to all of the security and benefits hereof to the same extent as the Refunding Bonds surrendered. 10. Charges for Exchange or Transfer. No charge shall be made for any exchange or transfer of Refunding Bonds, but the County may require payment by the registered owner of any Refunding Bond of a sum sufficient to cover any tax or other governmental charge which may be imposed with respect to the transfer or exchange of such Refunding Bond. 11. Non-Arbitrage Certificate and Tax Covenants. The County Administrator and the Chief Financial Officer, or either of them, are authorized and directed to execute aNon-Arbitrage Certificate and Tax Covenants setting forth the expected use and investment of the proceeds of the Refunding Bonds and containing such covenants as may be necessary in order to comply with the provisions of the Code, including the provisions of Section 148 of the Code and applicable regulations relating to "arbitrage bonds." The Board covenants on behalf of the County that all of such proceeds will be invested and expended as set forth in the County's Non-Arbitrage Certificate and Tax Covenants and that the County will comply with the other covenants and representations contained therein. 12. Refunding ofPrior Bonds. The County Administrator and the ChiefFinancial Officer, or either of them, is authorized to (a) take such action as may be necessary to provide for the refunding and redemption of the Prior Bonds and (b) enter into one or more Escrow Agreements with an escrow agent to be selected by the Chief Financial Officer providing for the deposit and investment of such portion of the proceeds of the Refunding Bonds to be applied to the redemption or payment of the Prior Bonds on the earliest practicable date. -6- ~'~ 13. Disclosure Documents. The Chief Financial Officer and the County Administrator, or either ofthem, and such officers and agents ofthe County as either ofthem may designate are hereby authorized and directed to prepare, execute, if required, and deliver an appropriate preliminary official statement, official statement or such other offering or disclosure documents as may be necessary to expedite the sale of the Refunding Bonds. The preliminary official statement, official statement or other documents shall be published in such publications and distributed in such manner, including electronically, and at such times as the Chief Financial Officer shall determine. The County Administrator is authorized and directed to deem the preliminary official statement "final" for purposes of Securities and Exchange Commission Rule 15c2-12. 14. Continuing Disclosure. The County Administrator and the Chief Financial Officer, or either of them, are authorized and directed to enter into a Continuing Disclosure Agreement for the benefit of the owners of the Refunding Bonds to assist the underwriter for the Refunding Bonds in complying with the provisions of Section (b)(5) of Securities and Exchange Commission Rule 15c2- 12. 15. Further Actions. The County Administrator and the Chief Financial Officer and such officers and agents ofthe County as either ofthem may designate are authorized and directed to take such further action as they deem necessary regarding the issuance and sale of the Refunding Bonds and all actions taken by such officers and agents in connection with the issuance and sale of the Refunding Bonds are ratified and confirmed. 16. Effective Date; Applicable Law. This Resolution shall take effect immediately. The Board elects, pursuant to Virginia Code Section 15.2-2601 to issue the Refunding Bonds pursuant to the provisions of the Public Finance Act of 1991. -7- Cam, Adopted by the Board at a meeting duly called and held on October 22, 2002. Clerk, Board of Supervisors, Roanoke County, Virgir-ia -8- ~'"~ Exhibit A FORM OF BOND UNITED STATES OF AMERICA COMMONWEALTH OF VIRGINIA No. R-I ROANOKE COUNTY GENERAL OBLIGATION AND REFUNDING BOND SERIES MA'h't1RITY llATE INTEREST RATE CIJSIP REGISTERED OWNER: PRINCIPAL AMOUNT': ROANOKE COUNTY, VIRGINIA ("County"), for value received, acknowledges itself indebted and promises to pay to the registered owner of this Bond or legal representative, the principal amount stated above on the maturity date set forth above and to pay interest on the principal amount of this Bond at the rate specified above per annum, payable semiannually on 1 and 1, beginning on 1, 2003. This Bond shall bear interest (a) from , 2003, if this Bond is authenticated before , 2003 or (b) otherwise from the or that is, or immediately precedes, the date on which this Bond is authenticated; provided that, if at the time of authentication of this Bond, interest on this Bond is in default, this Bond shall bear interest from the date to which interest has been paid. Both principal of and interest on this Bond are payable in lawful money of the United States of America. The principal of this Bond is payable upon presentation and surrender hereof at the office of , as Bond Registrar and Paying Agent ("Bond Registrar"). Interest on this Bond is payable by check or draft mailed to the registered owner hereof at its address as it appears on the registration books maintained by the Bond Registrar without presentation of this Bond; provided that as long as Cede & Co. is the registered owner of this Bond, interest shall be paid by wire transfer. All interest payments shall be made to the registered owner as it appears on the registration books kept by the Bond Registrar on the fifteenth day of the month preceding each interest payment date. This Bond has been duly authorized by the Board of Supervisors of the County and is issued for the purpose of refunding certain outstanding general obligation bonds of the County and paying the costs of issuance of the Bonds. The full faith and credit of the County are irrevocably pledged for the payment of the principal of and premium, if any, and interest on this Bond in accordance with its terms. E-~ This Bond is one of a series of $ General Obligation Refunding Bonds, Series of the County, ("Refunding Bonds") of like date and tenor, except as to number, denomination, rate of interest and maturity, issued under the authority of and in full compliance with the Constitution and statutes of the Commonwealth of Virginia, and, more particularly, issued pursuant to the Public Finance Act of 1991, Chapter 26 of Title 15.2 of the Code of Virginia of 1950, as amended, and a Resolution adopted by the Board of Supervisors of the County on October 22, 2002 ("Resolution"). Refunding Bonds maturing on or before are not subject to redemption before maturity. Refunding Bonds at the time outstanding which are stated to mature on or after may be redeemed before their maturities on or after at the option of the County in whole or in part (in installments of $5,000) at any time or from time to time during the following redemption periods upon payment of the following redemption prices (expressed as a percentage of the principal amount to be redeemed) together with the interest accrued thereon to the date fixed for redemption: Redemption Period (both dates inclusive) Redemption Price ---------~ ---- through ---------~ ---- ---------~ ---- through ---------~ ---- ---------, __-- and thereafter If less than all of the Refunding Bonds are called for redemption, the maturities of the Refunding Bonds to be redeemed shall be selected by the County Administrator in such manner as such officer may deem to be in the best interest of the County. If less than all of the Refunding Bonds of any maturity are called for redemption, the Refunding Bonds or portions thereof to be redeemed within a maturity shall be selected by The Depository Trust Company or any successor securities depository, or if the book-entry-only system is discontinued, by lot by the Bond Registrar, each portion of $5,000 principal amount being counted as one Bond for such purpose. If any of the Refunding Bonds or portions thereof are called for redemption, the Bond Registrar shall send notice of the call for redemption identifying the Refunding Bonds by serial or CUSIP numbers, and in the case of partial redemption, identifying the principal amount to be redeemed, and identifying the redemption date and price and the place where Refunding Bonds are to be surrendered for payment, by facsimile transmission, registered or certified mail or overnight express delivery not less than 30 nor more than 60 days before the redemption date to the registered owner of each Bond to be redeemed at such owner's address as it appears on the registration books maintained by the Bond Registrar, but failure to mail such notice shall not affect the validity of the proceedings for redemption. Provided funds for their redemption are on deposit at the place of payment on the redemption date, all Refunding Bonds or portions thereof so called for redemption shall cease to bear interest on such date, shall no longer be secured by the Resolution and shall not be deemed to be outstanding. If a portion of this Bond shall be called -2- ~' for redemption, a new Bond in principal amount equal to the unredeemed portion hereof will be issued to the registered owner upon the surrender of this Bond. The Refunding Bonds are issuable as fully registered bonds in denominations of $5,000 and integral multiples thereof. Any Bond may be exchanged for a like aggregate principal amount of Refunding Bonds of the same maturity of other authorized denominations at the principal office of the Bond Registrar. This Bond may be transferred only by an assignment duly executed by the registered owner hereof or such owner's attorney or legal representative in a form satisfactory to the Bond Registrar. Such transfer shall be made in the registration books kept by the Bond Registrar upon presentation and surrender hereof and the County shall execute, and the Bond Registrar shall authenticate and deliver in exchange, a new Bond or Bonds having an equal aggregate principal amount, in authorized denominations, of the same form and maturity, bearing interest at the same rate, and registered in names as requested by the then registered owner hereof or such owner's attorney or legal representative. Any such exchange shall be at the expense of the County, except that the Bond Registrar may charge the person requesting such exchange the amount of any tax or other governmental charge required to be paid with respect thereto. The County may designate a successor Bond Registrar and/or paying agent, provided that written notice specifying the name and location of the principal office of any such successor shall be given to the registered owner of the Refunding Bonds. Upon registration of transfer of this Bond, the Bond Registrar shall furnish written notice to the transferee of the name and location of the principal office of the Bond Registrar and/or the paying agent. The Bond Registrar shall treat the registered owner as the person exclusively entitled to payment of principal and interest and the exercise of all other rights and powers of the owner, except that interest payments shall be made to the person shown as the owner on the registration books on the 15th day of the month preceding each interest payment date. This Bond shall not be valid or obligatory for any purpose unless and until authenticated at the foot hereof by the Bond Registrar. It is hereby certified and recited that all acts, conditions and things required by the Constitution and statutes of the Commonwealth of Virginia to happen, exist or be performed precedent to the issuance of this Bond have happened, exist or been performed in due time, form and manner as so required and that the indebtedness evidenced by this Bond is within every debt and other limit prescribed by the Constitution and statutes of the Commonwealth of Virginia. -~~- ~- IN WITNESS WHEREOF, the Board of Supervisors of Roanoke County, Virgiiua, has caused this Bond to be sided by tl-e facsimile signature of its Chairman, a facsimile of its seal to be afTixed and attested by tl-e facsinle signature of its Clerk and tlus Bond to be dated _______ __, 200_. ROANOKE COUNTY, VIRGINIA By ~s>':nI.1 n•rrrsr: Clerk, Board of Supervisors, Roanoke County, Vir~;itua Chairnian, Board of Supervisors, Roanoke County, Vi-giiua -~1- ~_ ASSIGNMEN'T' FOR VALi1F. RF:CI~:IVr:D, the undersigned sells, assig--s a,-d Uansfe-s unto (PLEASE PRINT OR TYPEWRITE NAME AND ADDRESS, INCLUDING ZIP CODE OF ASSIGNEE) YLEA.SE INSERT SOCIAL SECURTI'Y OR OTHER IDF.N'l'IFYING Nt1MBER OF ASSIGNEE: _______________________ the within Bond quid does hereby irrevocably constitute and appoint attorney, to transfer said Bond on the books kept for registration of said Bond, with full power of substitution in the premises. Dated Sig~uture Gu~ua--teed: (NOTICE: Sigi-ature(s) must be guaranteed by a-- Eligible Guarantor Institution such as a Commercial I3ank,1'rust Compa--y, Securities Broker/Dealer, Credit U-uon or Savings Association which is a member of a medallion program approved by the Securities Association, Inc.) Registered Owner (NOTICE: "1 he signature above must correspond with the name of the Registered Owr-er as it appears on the books kept for registration of this Bond ir- every particular, witl-out alteration or cha--geJ :>- .~ CERTIFICATI, ON AIJTH>;NTICATION ~- The undersigned Bond Registrar hereby certifies that this is one of a series of Refunding Bonds of Roanoke County, Virginia described in the within-mentioned Resolution. Authentication Date: as Bond Registru- -fi- ~~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, OCTOBER 22, 2002 RESOLUTION 102202-3 OF THE BOARD OF SUPERVISORS OF THE COUNTY OF ROANOKE, VIRGINIA REQUESTING THE INDUSTRIAL DEVELOPMENT AUTHORITY TO ISSUE ITS LEASE REVENUE BONDS TO REFINANCE THE INDUSTRIAL DEVELOPMENT AUTHORITY'S LEASE REVENUE BONDS, SERIES 1993 WHEREAS, the Industrial Development Authority of Roanoke County, Virginia (the "Authority")issued its $4,250,000 Lease Revenue Bonds (Roanoke CountyAdministration Center) Series 1993 (the "1993 Bonds") to finance an administration building for the County (the "Project"). WHEREAS, the Board of Supervisors of the County proposes to refund the 1993 Bonds through the issuance of a lease revenue refunding bond or bonds by the Authority (the "Bond"). WHEREAS, the County will lease the Project to the Authority pursuant to a lease ("Prime Lease")and the lease revenue bond will be payable solely from revenues derived by the Authority from a Lease from the Authority to the County ("Lease") pursuant to which the Authority will lease the Project back to the County. WHEREAS, the lease revenue bonds will be issued pursuant to the following documents: (I) Prime Lease; (ii) Lease; (iii) Leasehold Deed of Trust from the Authority to the individual trustees named therein, as trustees; (iv) Assignment of Rents and Leases between the Authority and the purchaser of the Bonds ("Bond Purchaser"); v) Escrow Agreement providing for the redemption of the 1993 Bonds; (vi) if required, an Indenture of Trust between the Authority and a trustee to be selected by the County Administrator; and (vii) if required, a Bond Purchase Agreement providing for the sale of the Bond. All of the documents listed above are referred to in this Resolution as the "Basic Documents." NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF ROANOKE, VIRGINIA: 1. Issue of Bond. The Board requests the Authority to issue the Bond in the maximum principal amount of $3,000,000 to be paid from revenues derived from payments made by the County pursuant to the Lease. 2. Authorization of Basic Documents. The execution and delivery of and performance by the County of its obligations under the Basic Documents to which it is a party are authorized. The Basic Documents and the Bond shall be in such form and contain such provisions as the County Administrator and the Chairman of the Board, or either of them, shall approve, such approval to be evidenced conclusively by the execution and deliveryof the Lease, provided that the aggregate principal components payable under the Lease shall not exceed $3,000,000. 3. Execution of Documents. The Chairman of the Board and the County Administrator, or either of them, are authorized to execute on behalf of the County the Basic Documents to which the County is a party, and, if required, to affix or to cause to be affixed the seal of the County to the Basic Documents and to attest such seal. Such officers or their designees are authorized to execute and deliver on behalf of the County such instruments, documents or certificates, and to do and perform such things and acts, as they shall deem necessary or appropriate to carry out the transactions authorized by this Resolution or contemplated by the Basic Documents; and all of the foregoing, previously done or performed by such officers or agents of the County, are in all respects approved, ratified and confirmed. 4. Terms of Bond. The County Administrator and the Chief Financial Officer, or either of them, are authorized and directed to solicit proposals for the purchase of the Bond and to accept the proposal that such officer or officers determined to be in the County's best interest. The Bond shall be issued on the terms set forth in such proposal. 5. Nature of Obligations. Nothing in this Resolution, the Bond or the Basic Documents shall constitute a debt of the County and the Authority shall not be obligated to make any payments underthe Bond orthe Basic Documents except from payments made by or on behalf of the County under the Lease. The County's obligations to make payments pursuant to the Lease shall be subject to and dependent upon annual appropriations being made from time to time by the Board for such purpose. Nothing in this Resolution, the Bond or the Basic Documents shall constitute a pledge of the full faith and credit of the County beyond the constitutionally permitted annual appropriations. 6. Bank Qualification. The Board of Supervisors requests the Authority to designate the Bond as a "qualified tax-exempt obligation" pursuant to Section 265(b)(3) of the Internal Revenue Code of 1986, as amended; provided the County Administrator determines that the Countywill not issue more than $10,000,000 intax-exempt obligations in calendar year 2002. The County will not designate more than $10,000,000 of qualified tax-exempt obligations in calendar year 2002 and the Board directs the County Administratorto certify whethertheGounty and its subordinate entities will issue more than $10,000,000 intax-exempt bonds (not including certain private activity bonds) in calendar year 2002. 7. Allocation of Small Issuer Exception Amount The Board of Supervisors pursuant to Code Section 148(f)(4)(D)(iv)lrrevocably allocates to the Authority $3,000,000 of the County's authority under Code Section 148(f)(4)(D) to issue up to $5,000,000 ($10,000,000 where the amount in excess of $5,000,000 is for school construction) in tax- 2 exempt obligations in calendar year 2002 that are exempt from the rebate and reporting requirements of Code Section 148(f) provided that the County Administrator certifies to the Authority that the $5,000,000 limit described above has not been exceeded. 8. Effective Date. This Resolution shall take effect immediately. The undersigned Clerk of the Board of Supervisors of the County of Roanoke, Virginia, certifies that the foregoing constitutes a true, complete and correct copy of the Resolution adopted at a regular meeting of the Board of Supervisors of the County of Roanoke, Virginia, held on October 22, 2002. On motion of Supervisor McNamara to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Flora, McNamara, Minnix, Church NAYS: None ABSENT: Supervisor Nickens A COPY TESTE: Diane S. Childers Clerk to the Board of Supervisors cc: File Diane D. Hyatt, Chief Financial Officer Doug Chittum, IDA Secretary/Treasurer Ed Natt, IDA Legal Counsel Paul M. Mahoney, County Attorney 3 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: October 22, 2002 AGENDA ITEM: Request to Approve Refunding of the Outstanding Industrial Development Authority of Roanoke County Lease Revenue Bonds, Series 1993, Under Certain Conditions COUNTY ADMINISTRATOR'S COMMENTS: Recommend approval BACKGROUND: In March 1993, the Industrial Development Authority of Roanoke County, Virginia issued $4,250,000 of Lease Revenue Bonds (Roanoke County Administration Center), Series 1993 (the "Series 1993 Bonds"). The Series 1993 Bonds were used to finance the purchase of the Roanoke County Administration Building, with a pledge of revenue of rent for the building being paid by the County of Roanoke to the Industrial Development Authority. SUMMARY OF INFORMATION: As of October 2002, the IDA had $2,910,000 of its Series 1993 Bonds outstanding, with coupons ranging from 4.90% to 5.63%. The IDA can do an advance refunding on these bonds, that are first eligible for optional redemption on April 15, 2003. The refinancing bond proceeds will be held in escrow until that time. Jim Johnson, of Morgan Keegan and Co, our financial advisors, recommends that we sell these bonds before the end of this calendar year, in order to take advantage of the "bank qualified" capacity that is still available for the County. As long as the County issues less that $10 million of debt during a calendar year, they can issue "bank qualified" debt, which allows a bank to hold the obligation in their own portfolio. This usually results in the lowest interest rates, and very competitive bids because the local banks are very interested in bidding on the bonds. -1- ~3 FISCAL IMPACT: The attached resolution authorizes the sale of up to $3 million of bonds to refinance the $2,910,000 of currently outstanding Series 1993 Bonds. The higher cap on the new bonds allows us to pay a premium in order to sell the bonds at a discount if that generates the best savings. Bonds sold at a discount would have a lower interest rate, and could result in lower annual payments than bonds sold at par. The cost to issue these bonds is estimated to be $25,000, which will cover bond council services, financial advisor services, printing of the official statements, and trustee fees. These expenses will be built into the bond refinancing and will be paid from the bond proceeds. Base upon current market conditions, it is estimated that the County will net savings of approximately $570,000 net present value, between now and June 1, 2013. Annual savings are estimated at $60,000. STAFF RECOMMENDATION: Staff recommends adopting the attached resolution, which gives the County Administrator and the Chief Financial Officer the authority to work with the Industrial Development Authority to refinance the 1993 Industrial Development Authority Lease Revenue Bonds when market conditions generate sufficient savings. SUBMITTED BY: ~~q. ~~ Diane D. Hyatt Chief Financial Officer APPROVED: ~~~ Elmer C. Hodge County Administrator -2- 3 A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF ROANOKE, VIRGINIA REQUESTING THE INDUSTRIAL DEVELOPMENT AUTHORITY TO ISSUE ITS LEASE REVENUE BONDS TO REFINANCE THE INDUSTRIAL DEVELOPMENT AUTHORITY'S LEASE REVENUE BONDS, SERIES 1993 WHEREAS, the Industrial Development Authority of Roanoke County, Virginia (the "Authority") issued its $4,250,000 Lease Revenue Bonds (Roanoke County Administration Center) Series 1993 (the "1993 Bonds") to finance an administration building for the County (the "Project"). WHEREAS, the Board of Supervisors of the County proposes to refund the 1993 Bonds through the issuance of a lease revenue refunding bond or bonds by the Authority (the "Bond"). WHEREAS, the County will lease the Project to the Authority pursuant to a lease ("Prime Lease) and the lease revenue bond will be payable solely from revenues derived by the Authority from a Lease from the Authority to the County ("Lease") pursuant to which the Authority will lease the Project back to the County. WHEREAS, the lease revenue bonds will be issued pursuant to the following documents: (i) Prime Lease; (ii) Lease; (iii) Leasehold Deed of Trust from the Authority to the individual trustees named therein, as trustees; (iv) Assignment of Rents and Leases between the Authority and the purchaser of the Bonds ("Bond Purchaser"); v) Escrow Agreement providing for the redemption of the 1993 Bonds; (vi) if required, an Indenture of Trust between the Authority and a trustee to be selected by the County Administrator; and (vii) if required, a Bond Purchase Agreement providing for the sale of the Bond. All of the documents listed above are referred to in this Resolution as the "Basic Documents." NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF ROANOKE, VIRGINIA: 1. Issue of Bond. The Board requests the Authority to issue the Bond in the maximum principal amount of $3,000,000 to be paid from revenues derived from payments made by the County pursuant to the Lease. 2. Authorization of Basic Documents. The execution and delivery of and performance by the County of its obligations under the Basic Documents to which it is a party are authorized. The Basic Documents and the Bond shall be in such form and contain such provisions as the County Administrator and the Chairman of the Board, or either of them, shall approve, such approval to be evidenced conclusively by the execution and delivery of the Lease, provided that the aggregate principal components payable under the Lease shall not exceed $3,000,000. 3. Execution of Documents. The Chairman of the Board and the County Administrator, or either of them, are authorized to execute on behalf of the County the Basic Documents to which the County is a party, and, if required, to affix or to cause to be affixed the seal of the County to the Basic Documents and to attest such seal. Such officers or their designees are authorized to execute ~~ and deliver on behalf of the County such instruments, documents or certificates, and to do and perform such things and acts, as they shall deem necessary or appropriate to carry out the transactions authorized by this Resolution or contemplated by the Basic Documents; and all of the foregoing, previously done or performed by such officers or agents of the County, are in all respects approved, ratified and confirmed. 4. Terms of Bond. The County Administrator and the Chief Financial Officer, or either of them, are authorized and directed to solicit proposals for the purchase of the Bond and to accept the proposal that such officer or officers determined to be in the County's best interest. The Bond shall be issued on the terms set forth in such proposal. 5. Nature of Obli atg ions. Nothing in this Resolution, the Bond or the Basic Documents shall constitute a debt of the County and the Authority shall not be obligated to make any payments under the Bond or the Basic Documents except from payments made by or on behalf of the County under the Lease. The County's obligations to make payments pursuant to the Lease shall be subject to and dependent upon annual appropriations being made from time to time by the Board for such purpose. Nothing in this Resolution, the Bond or the Basic Documents shall constitute a pledge of the full faith and credit of the County beyond the constitutionally permitted annual appropriations. 6. Bank Qualification. The Board of Supervisors requests the Authority to designate the Bond as a "qualified tax-exempt obligation" pursuant to Section 265(b)(3) of the Internal Revenue Code of 1986, as amended; provided the County Administrator determines that the County will not issue more than $10,000,000 intax-exempt obligations in calendar year 2002. The County will not designate more than $10,000,000 of qualified tax-exempt obligations in calendar year 2002 and the Board directs the County Administrator to certify whether the County and its subordinate entities will issue more than $10,000,000 in tax-exempt bonds (not including certain private activity bonds) in calendar year 2002. 7. Allocation of Small Issuer Exception Amount. The Board of Supervisors pursuant to Code Section 148(f)(4)(D)(iv) irrevocably allocates to the Authority $3,000,000 of the County's authority under Code Section 148(f)(4)(D) to issue up to $5,000,000 ($10,000,000 where the amount in excess of $5,000,000 is for school construction) intax-exempt obligations in calendar year 2002 that are exempt from the rebate and reporting requirements of Code Section 148(f) provided that the County Administrator certifies to the Authority that the $5,000,000 limit described above has not been exceeded. 8. Effective Date. This Resolution shall take effect immediately. -2- ACTION NO. ITEM NO. ~ ~ - AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: October 22, 2002 AGENDA ITEM: Requests for Public Hearing and First Reading for Rezoning Ordinances; Consent Agenda COUNTY ADMINISTRATOR'S COMMENTS: BACKGROUND: The first reading on these ordinances is accomplished by adoption of these ordinances in the manner of consent agenda items. The adoption of these items does not imply approval of the substantive content of the requested zoning actions, rather approval satisfies the procedural requirements of the County Charter and schedules the required public hearing and second reading of these ordinances. The second reading and public hearing on these ordinances is scheduled for November 19, 2002 The titles of these ordinances are as follows: 1) The petition of Sheree & James Ringer for a Special Use Permit for .55 acres for a home occupation in an accessory structure, located at 3564 Grandin Road, Windsor Hills Magisterial District. 2) The petition of Larry G. & Ida Jane E. Conner to Rezone 16.255 acres from C-2 General Commercial District to R-1 Low Density Residential District for the purpose of constructing a single family dwelling, located at 6012 Cove Road, Catawba Magisterial District. 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 these rezoning ordinances for the purpose of scheduling the second reading and public hearing for November 19, 2002. (2) That this section of the agenda be, and hereby is, approved and concurred in as to each item separately set forth as Items 1-2, 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, Paul M. Mahoney County Attorney Action No Yes Abs Approved () Motion by Church Denied () Flora Received O McNamara Referred Minnix to Nickens ~I-~ a County of Roanoke Community Development Planning & Zoning VA 24018-0798 (540) 772-2068 FAX (540) 776-7155 For Staff Use Only ALL AYYLL(.AIV l S Check type of ap zcation filed (check all that apply) Rezoning Special Use/ Variance Waiver Administrative Appeal Phone: ~~ ~~ Applicants name/add~jess w/zip `~~~C? ~ ti" `~+~~,.'+~ S i~.'-,~ ~'-.- Work: ~7~ c~~'~ ' _ ~ / ,F J Cell #• ~' /~. [^'~r'~GT „'~ 7~G`~ Fax No.: a ~u~ii~ `( w~ a/ Ca1/~,~~oo~a " -r ~ eF~ ~C ~ ~ oZ - C Owner's name/address w/zip Phone #: Work: l' ~,~~ C S G:~C'°~'C- Fax No. #: Property Location r,~ Magisterial District: ~~~~,s ~ ~~S ~-rc:-~cl~--~ ~~~~~~ ~~- ~ (~ l~ Community Planning area: ~ ,-~G~SC/~ I~5 Tax Map No.: ~ _ ~ ~ Existing Zoning: /~ f 6~~ 1~- __JJ Size of parcel(s): Acres: ~ S~ ~ " Existing Land User.-> ~e ~~~ ~ GvJ~- ~~~ REZONING SPECIAL USE PER~lITf1ND Wf1IVER APPLICANTS (R~!S/W) Proposed Zoning: ~ ~ S ~~ ~..~~ ~ s ~p ~ ~ ~ ~ Proposed Land Use: ~ ~,~ Q ~.~ ~~`- ~'' ~ ' ' Does the cel meet the minimum lot area, width, and frontage requirements of the requested district? Yes ~ No IF NO, A VARIANCE IS REQUIItED FIRST. Does the parcel meet the minimum criteria for the requested Use Type? Yes No IF NO, A VARIANCE IS REQUIRED FIRST N o If rezoning request, are conditions being proffered with this request? Yes VARIANCE, WAIVER AND ADMINISTRATIVE APPEAL APPLICANTS (V/W/;~A) Variance/Waiver of Section(s) ~~ of the Roanoke County Zoning Ordinance in order to: Appeal of Zoning Administrator's decision to Appeal of Interpretation of Section(s): of the Roanoke County Zoning Ordinance Appeal of Interpretation of Zoning Map to _ _ • T.T.T rn • ~r*rn1~T «m T Nnm RTi a (''('F.PTF.II TF ANY nF TIi ESE Is the application complete? Please check it enctosea. erri.i..r,~~._.~. ~~,~~ ~.~-~ y~ ~---~--_ ----- -- --- _ __ ITEMS ARE MISSING OR INCOMPLETE. R/S/W V/AA R/S/W V/AA RIS/W V/AA Consultation 8 1/2" x 11" concept plan Application fee Application ~` Metes and bounds description Proffers, if applicable Justification ~/ 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. ~- Owner's Signature 2 r[1STIFICATION FOR &EZ01V~1G, SPECIAL-USE PER.'~IIT OR WAIVER REQUEST ~~ I ~ ` V c- ~- Applicant ~ ~~~ ~ ~~~~ ~i r . Ap The Planning Commission will study rezoning, special use permit or waiver 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 Roanoke County Ordinance as well as the purpose found at the beginning of the applicable zoning district classification in the Zoning Ordinance. Pleas ~ explain how the project conforms to the general guidel'nes and policies contained in the Roanok~esCoun Community Plan. -Ci Isl. -%''! 6'~iJd~ C~o~''~S"~ri' ~`~ r `~~.t/ ~ ~~,f C~Z- ~ ~ "7 t u~- J . rLQ /~ r > ~w~ ~ ~l~! ! r~ Cvln cw'w` `~ /~r,,vr ° ~'^, n'`' 6 ~ , f ~~, ~ ~,~ /er~~1~' ~ b ~ v~ c6N g~.~cz~~ ~ ~ ~" < ~~ ~-~ Su-~~oL~N~O-w-~ ~ ~~-~-5 ~ ~L~ ~ 's£LC~ r~. ~ K~ ~ ~ ~„~ ,~ ~"w~-- ~ Cols x1 ~ ~ ~ ~~ ' Please describe the impact(s) of the request on the property itself, the adjoining properties, and the surrounding area, as well as the im acts on public services and facilities, including"g water/sewer, r ads, sch ls, parks/recre~at/ion and fire-an`d r~esLc~y~. ^y~ ~ LL (~ ~~ ~/~ d ~(! t c'C ~ ~ c.~° ~. ttL [~ v`T'l ~ / ~r (/l /~~ ~'{~ d -• `- r // tt c~.•*~ ~~-L~ f-~a Lisp ~ r o' ~ ~,.,~ _ y~c!'a., C~ j / 11 D r v . ~- cR c- ~ 't 3 i JUSTIFICATION FOR ADMINISTRATIVE APPEAL REQCrEST Applicant ~. i 5 Please respond to the following as thoroughly as possible. If additional space is needed, use additional sheets of paper. ;;CONCEPT. PLAN. CHEChZIST , ~ ~~ A concept plan of the proposed project must be submitted with the application. "1'he concept plan snail grapmcaiiy aepic~ sic land use change, development or variance that is to be considered. Further, the plan shall address any potential land use or design issues arising from the request. In such cases involving rezonings, the applicant may proffer conditions to limit the future use and development of the property and by so doing, correct any deficiencies that may not be manageable by County permitting regulations. The concept plan should not be confused with the site plan or plot 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 changes 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 permitted by the zoning district and other regulations. A concept plan is required with all rezoning, special use permit, waiver and variance applications. The plan should be prepared by a professional site planner. The level of detail may vary, depending on the nature of the request. The County Planning Division staff may exempt some of the items or suggest the addition of extra items, but the following are considered i ......,,....,,,~, ALI, APPLICANTS ~i,/~' a. Applicant name and name of development _~ b. Date, scale and north arrow _~ c. Lot size in acres or square feet and dimensions _/~ d. Location, names of owners and Roanoke County tax map numbers of adjoining properties _~/ e. Physical features such as ground cover, natural watercourses, floodplain, etc. v f. The zoning and land use of all adjacent properties g. All property lines and easements _/ h. All buildings, existing and proposed, and dimensions, floor area and heights i. Location, widths and names of all existing or platted streets or other public ways within or adjacent to the development ~j. Dimensions and locations of all driveways, parking spaces and loading spaces Additional information required for REZONING and SPECIAL USE PERMIT APPLICANTS ~k. Existing utilities (water, sewer, storm drains) and connections at the site _~ 1. Any driveways, entranceslexits, curb openings and crossovers m. Topography map in a suitable scale and contour 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 certify that all items required in the checklist above are complete. ~. ~- Si re of applicant Date 6 NORTH G; St - 4~t~ r_o~~~ ROANOKE COUNTY Applicants Name: Shelce & Jarnes Ranger DEPARTMENT OF Zoning: Extistting R 1, Proposed SUP COMMUNITY DEVELOPMENT Tax Map No. 68.17-2-16 sss City ndin Rd Rt. Gra 100 100 .~" .zsae ke ,8.23 ,oo .I540 Roan - 81.37 .~f' 4B raosa , zxsT N 10. '~ 11. o - ,uss _ N 1~. _ N 13. 14. a ~ - ' 5 j ~,.N g ~ 6 100 70 B 100 16 1QA t 00 100 1J 14 75 " 72 N 23. o Iva N 22. 21 . a - 0 20. R. C. B. S 19. N 17. 18. ~~ .zrz~ ~ - ~ ~ 100 _ JI74~S '~9 100 ~~ ,x7Jf 100 pverbrook 100 1ao 100 .zz~+ .zNo .zssa 42. - _ 4~ . u N ip o u ~' N ~ - - B 100.08 , 6 73.3 27 9 5 704,pg 104.2; c~ 08/18;2002 09:28 7214860 • ~ ,.~ CORNERSTGNE CUSTOM H PAGE 01 T~ o~~ ,viN 5~4~ a V V J ~ ~~ ~p 3f.a ~J I a/BR ~s Z n~' Y / l ~,. ~ ~ . RDA l ,~aA,~®K~ c~~v~r~ ~ ~ ~ " ,~~ ~i ~, ~ `~ 4 ~ ~. - ~Q y ~ ~o • M~~~ ~ ~~ s ~ -----~ 1 ~ J .P rn~C N pw~b• lv p a N~ 3{,tr ; ~ ~ ~ ~ ,~ i ~V 6• t~ N . ~v ~' ~ ~ '~ y 0 W ~ ~ ~~ 4h ul ~ A ~' a ~~`~ I OCI( M1~~-t^ ~ ~ ~' ~~ S'ar • ~ ~ ~ ¢ a K I~8• ~i.o~ RecK ~/~tc ,7~ -t d fti ~ ; ~ FA,~M~ --~ '+ rc ,1 ~ ~ ~ SN~D t ~ ,~,~ r z~-~i'!^ V N~aeo ,~ _ /w ~ } ~ K ~ ~, ~ otDJ ~ ~ ~ LEGAL RL FE~?~'~CE P ~O,E t~iw~ 5v~/r c j P~eosssrA' j~/ ~ ~C o c.~ FD /U f~~o® ,ox " ia./~•Z-/G /,v,~vx.,~c~ ~a it 'X'~g C3~#~c~v,~ ~o /3~ j~~ ,~~crs~-,~.c~ Of J~au3~AJ~ Aua UR~w~! Os/r~.evn~r~,J~ ,!5uR YE~' FGR 1~ ~ ~~ ~ /1 i' 1 A'~ /IS , A !i 0 /1 /" t/ ~Y' ~t'm!'/~Y/19 ~ ~ I /. ! AiO ®~ /7d F~ ~:~ r ,~ ~~ W 4Q ~~ 9 ;,'~ -~I~:~ .. ,, ra. ..-' - - °~ - _~ ~ ~ ~, s~ -~ s~ r ('s..~ Yom, ~~ -, ; -__ - - f i - ~ ~-,! • .County of Roanoke + Community Development Planning & Zoning 5204 Bernard Drive P 0 Box 29800 Roanoke, VA 24018-0798 (540) 772-2068 FAX (540) 776-715 For Staff Use Only Date received: Received by: Application fee: PC/BZ.A date: ,l ~~..~~ Placards issued: BOS date: ~, / r~/o Case Number '~ ALL AFPLIGfiNTS~ Check e of application filed (check all that apply} Waiver Administrative Appeal ezonin Special Use Variance Phone: ~. ~ 4 ~ } ~ ~ 2 -10 ~ R Applicants name/address w/zip ~ J~r+e: ~. v~Jnne.r^ Work: (~~~;%?3P7-391 Comer ~ 1d Lt ~~ T .,rry . Cell#• 6j'1.2 Cove i~ ~,, '~,;` Fax No.: ii{~e:r~ oi: ~, '~ ~, 2'r0 1 q Phone #: (~ ~+`% } ~ ~ 2 - i 0 Owner's name/address w/zip 1:~:: •,~,ne __. ~`;cr~n*~r^ Work: (5~~'')3£37-3941 CUnt~er ~, ci!'r~~ ';~ , . . ' Fax No. #: o~~noke '~ 2i.;1~~ ' Property Location Magisterial District: `•-~ ~-'+ t ==~ ~' Community Planning area: Tax Map No.: Existing Zoning: C-^ 30.15--^'=-'~ ;o!^t i n Size of parcel(s): Acres: -16.25:: c Existing Land Use: ~'~ _:. e ~ r L j ' ~~ r + c u ; ~ ~ r' ~: REZONING: SPEC:I~L USE PR'RMITAND W~VER~ APPZICA:VTS (R!S/ Proposed Zoning: ':~ - 1 ~ e s i c e r; t+ Proposed Land Use: `~ i~ ~_, l e ~~ r~r i l y C» e 1 i i n~ D the parcel meet the minimum lot area, width, and frontage requirements of the requested district? es No IF NO, A VARIANCE IS REQUIRED FIlZST. Does the parcel meet the minimum criteria for the requested Use Type? es No IF NO, A VARIANCE IS REQUIRED FIRST If rezoning request, are conditions being proffered with this request? Yes No VARIA'LYCE, WA1rVER'AND ADNI7NZSTRA~TIVE APPEAL APPLIC4NTS (Y/WIfIA) Variance/Waiver of Section(s) of the Roanoke County Zoning Ordinance in order to: Appeal of Zoning Administrator's decision to of the Roanoke County Zoning Ordinance Appeal of Interpretation of Section(s): Appeal of Interpretation of Zoning Map to T,,,, T~ . •.*tr,,.r ~zm t Nl1T RF. A!'f'FPTF,71 TF ANY nF TH F~ SSE Is the application completeY Please cnecx a euciu~cu. ni =,~_~~_-~~- ~ ~ ~ ---- - - - ITEMS ARE iVIISSING OR INCOMPLETE. R/5/W VlAA R/S/W V/AA R/S/W VIAA Consultation 8 1/2" x 11" concept plan Application fee Application Metes and bounds description Proffers, if applicable Justification Water and sewer application Adjoining property owners I hereby certify that I am either the owner of the roperty or the owner's agent or contract purchaser and am acting with the knowledge and consent of the owner. ~ ~ Owner's Signature ~~ I1 Rezoning Application of Larry G. Conner, Sr. and Ida Jane E. Conner The applicant requests that 16.255 acres designated as a portion of Tax Parcel Number 36.15-1-2 be rezoned from C-2 General Commercial District To R-1 Residential District. The area to be rezoned is shown as New Parcel A on a plat by Balzer & Associates dated 11 Oct. 89 and recorded in the Office of the Clerk of the Court of Roanoke County in Plat Book 12 Page 28. Tax Parcel 36.15-1-2 currently contains 26.658 acres and is split zoned with 16.255 acres being zoned C-2 and 10.403 acres zoned R-1. Investigation of the conditions of the split zoning revealed that the 16.255 acre parcel was zoned C-2 as part of the 1992 Comprehensive Plan. The development of this plan was two dimensional in nature and did not look at topography and utility issues. The petitioner was not notified of the change in zoning of this property by the Comprehensive Plan in 1992 and was unaware of this designation. The petitioner desires to convey a 4.995 acres parcel to their son and daughter-in-law for the construction of a single family dwelling under the family exemption provisions of the Roanoke County Subdivision Ordinance. This residential site is located on a hill bounded by a small creek on the southeast; a sanitary sewer easement and a flowage easement for a regional stormwater management pond to the west and remaining property of the petitioner on the north. The 16.255 acres requested to be rezoned under this request are not suitable for development as C-2 General Commercial District. This parcel does not have any access due to topography except through property currently zoned R-1. It appears that the 1992 plan intended to provide for the development of this land as an extension of commercial land along Route 419 in the vicinity of Pinkerton Chevrolet. However, the average elevation of this parcel is considerably below the elevation of the properties along Route 419. This parcel is effectively divided into thirds by an overhead power line and a sanitary sewer line. In addition to these utilities, the petitioner conveyed a flowage easement to the public benefit for the operation of a regional stormwater management pond. The combination of these constraints make it impossible to develop this property as C-2 property. The current Community Plan shows this property to be neighborhood conservation compatible with Montclair Estates, the Glen cove Elementary School, and the current character of Cove Road. Development of this parcel as R-1 will advance the current community plan. Granting of this request will result in the following actions; • Remove the split zoning of a current parcel of land. • Correct a zoning anomaly which resulted from a two dimensional County wide revision to the comprehensive plan. • Advance the goals of the current Community Plan for the area by maintaining the character of the site with the current land uses surrounding the parcel. r-~ ' s Zone the parcel taking into account the impact of topographic, utility line, and flowage easements on the development of the property. A copy of the Balzer Plat recorded in PB 12 Pg 28 showing the 16.255 acre parcel to be rezoned is attached. Also attached is a copy of the plat prepared by CWA dated 16 Sept. 02 showing the creation of a 4.995 acres parcel to be conveyed to Larry G. Conner Jr. under the Family Exemption provisions of the subdivision Ordinance. GfV/ /. HUFFMAN_.:1G[I SY SIICiE YNESENSd.~'hNI2: o. e, 20v PC.tT4 / ~ rnac Larry e. connar •~ ida 7~+IE. eonn•r an tM to al9lpia TN. 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The purpose of the meeting was to explain the process for establishment of a special utility service area through the Public Works Participation process. Twenty-seven (27) property owners attended the meeting. A letter dated August 26, 2002 was sent to 45 property owners on Glenvar Heights Boulevard and Dan Robin Road. From this mailing, Utility Department staff received thirty- five responses (23 in favor and 12 not interested). Based on this response and the location of interested property owners, a proposed service area to serve 43 properties was established as shown on the attached location map noted as Attachment "A". SUMMARY OF INFORMATION: Providing public water to the interested property owners would require construction of a 4,800 feet water line extension at an estimated cost of $146,000. This construction cost includes installation of water laterals up to the property line and meter boxes, which would serve all properties in the service areas. The attached ordinance establishes a special water service area for the project with each participating property owner paying their share of the cost through a special connection fee of $4,900. This connection fee includes the fair share of the construction cost ($3,555.00) required to extend the public water system to serve the 41 properties within the proposed service area plus $1,345.00, which represents 50 percent of the off-site water facility fee of $2,690. The ordinance also establishes a method of financing up to $3,555 for the initial participating property owners. The proposed connection fee of $4,900 would be applicable only if property owners financially commit to participate in the proposed project within 90 days of enactment of the ordinance. ~-I ALTERNATIVES: Alternative 1: Establish a special water service area along Glenvar Heights Boulevard, which could potentially serve 43 properties, as indicated on the attached sketch. Approve construction of an 8-inch diameter water line extension as shown on attached sketch. The estimated cost to construct this alternative is $146,000. For those property owners, who choose to not connect during the initial sign- up period, the construction cost would have a one time 25 percent increase (based on 5% annual increase for five years). Under this alternative, the total cost for initial participants would be $4,900 with later participants paying $7,134 based on the present off-site facility fee of $2,690 (Interest Factor -_ 1.25 ;Cost = $5,750 x 1.25 = $7,187.50). Alternative 2: Do not approve request for extension of public water service to the proposed service area along Glenvar Heights Boulevard. FISCAL IMPACT: If Alternative 1 is selected, the total construction cost would be $146,000. The twenty-three (23) interested property owners would contribute $81,765. A transfer from the Public Works Participation Fund would fund the remaining $64,235. STAFF RECOMMENDATION: Staff recommends that Alternative 1 be approved and that the Board of Supervisors adopt the attached ordinance after the second reading. Said ordinance shall authorize construction and financing for the Local Public Works Improvement Project, Glenvar Heights Boulevard Water Line Extension. SUBMITTED BY: APPROVED: Gary L.Robertson, P.E. Utility Director Elmer C. Hodge County Administrator ACTION Approved Denied ( ) Received Referred to Motion by: VOTE No Yes Abs Church Flora McNamara Minnix Nickens G-I ~ ^W W ~ ~ a ~ Z O ~ m ~ ~ ~, Z = W ~ X W W = W J z °C w W J Q ~ r N ~ Q w oC W U OC W U ~ V ~ > ~ W J W ~ W > ~ ¢ °. a 0 w ~ ~ a ~ O Z Z Z Z W ~ J W H ~ W ~ ~ O a ww O a ~~ a O a a '~ Q 00 H z as ~ ,,,~,_ -- ~q,, ~ ~ a i `---_ ~ ~ ' •~^! t .~) ~•. ~J~ ,~ .._ ~._ ~ ,m~~ ~ ~ _ ~ o +~, ' / _... ; 'iii (~iZ ?t+, ~ \. ~~ l~ I! y _, .~ k R ~t ,~ i, ~ ~i S _. . r„.O ......... i r\ e ry E i a A i ~ ~ ~`~ 'w~ ~.__. ?q, ~_, r ~~\ . i ' ~~ _, ~~~, r~r _ N O N N O r a Z W Q a ~~ 1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, OCTOBER 22, 2002 ORDINANCE AUTHORIZING THE CREATION OF AND FINANCING FOR A LOCAL PUBLIC WORKS IMPROVEMENT PROJECT, GLENVAR HEIGHTS BOULEVARD WATER LINE EXTENSION PROJECT WHEREAS, Ordinance 112288-7 authorizes the financing of local public works improvements and the imposition of special assessments upon abutting property owners upon the adoption of an appropriate ordinance by the Board of Supervisors; and WHEREAS, the County Administration has negotiated the extension of the public water system to the Glenvar Heights community; and WHEREAS, the extension of the public water system and the creation of a special utility (water) service area will alleviate a critical public health and safety problem; and WHEREAS, several of the residents have requested that the County allow them to pay their portion of the costs of connection to the public water system over ten years at an interest rate of 8%; and WHEREAS, the first reading of this Ordinance was held on October 22, 2002, and the second reading was held November 5, 2002; and BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That pursuant to the authority of Ordinance 112288-7, the Board authorizes and approves a local public works improvement project, namely, public water G-~ extension for the Glenvar Heights community. The total construction cost of this public water project is estimated to be $146,000 to be initially financed as follows: Citizen Participation (23 at $3,555 each) $81,765 Advance from the Public Works Participation Fund $64,235 TOTAL $146,000 That there is hereby appropriated for this project the sum of 64 235 from the Public Works Participation Fund. Any citizen participation under paragraph 3. will be advanced as a loan from the Water Fund. 2. That the "Project Service Area" is shown and designated on the attached plat entitled "Glenvar Heights Boulevard Water Line Extension Project" prepared by the Roanoke County Utility Department, dated The Glenvar Heights Boulevard Project Area is created for a period of ten (10) years. Any owner of real estate within this service area may participate in and benefit from the public water extension to this service area by paying at a minimum the sum of $4,900 ($3,555 toward construction costs, plus $1,345 toward the off-site facility fee) said costs to be paid in full and in advance of connection to the public water extension. 3. That the Board authorizes and approves the payment by the property owners in the project service area who elect to participate on or before February 5, 2003, of their portion of the cost of extending the public water system to their properties in accordance with the following terms and conditions: ~'^~ (a) The total amount per property owner/residential connection may be financed for 10 years at an interest rate-of 8% per annum. Down payment of $1,345.00 will be applied to the off-site facility fee. (b) Property owners agree to execute a promissory note or such other instrument as the County may require to secure this installment debt. (c) Property owners further agree to execute such lien document or instrument as may be required by the County; said lien document or instrument to be recorded in the Office of the Clerk of the Circuit Court of Roanoke County. This lien instrument or document shall secure the repayment of the promissory note by the property owners to the County and shall be a lien against the property of the owners. Property owners also agree to pay the County any Clerk's fees or recordation costs which may be required to record any lien instrument or documents in the Office of the Clerk of the Circuit Court. (d) Property owners who wish to participate after the February 5, 2003, deadline (other than new property owners) shall pay a minimum of $7,134 [$3,555 construction costs plus 25% (plus $30 x length of road frontage in excess of 250 feet) plus the off-site facility fee in effect at that time (currently $2,690)]. New property owners (defined as persons who acquire ownership of real estate within the Project Service Area after the date of the adoption of this Ordinance) shall have ninety (90) days from the date of their acquisition of the real estate to participate in and benefit from the public water/sewer extension to this service area by the payment of $4,900, said costs to be paid in full and in advance of connection to the ~-r public water/sewer extension. New property owners are not eligible to participate in the installment financing payment method described above in paragraph 3. 4. That the payment by citizens in the project service area, in excess of those anticipated in this ordinance, who elect to participate shall be made to the various funds as follows: The off-site facility fee shall be returned to the Water Fund, and payment of the construction costs shall be returned to the Public Works Participation Fund until such time as the advance has been repaid; any further payment of construction costs shall be returned to the Water Fund. 5. That the County Administrator is authorized to take such actions and execute such documents as may be necessary to accomplish the purposes of this transaction, all upon form approved by the County Attorney. 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: October 22, 2002 SUBJECT: First Reading of Ordinance -Authorization to Acquire Necessary Easements to Construct Phase 5 of the North Loop Water Transmission Line Project COUNTY ADMINISTRATOR'S COMMENTS: BACKGROUND: Phase 5 of the North Loop Water Transmission Line Project extends between the western boundary of the CRT property to the Westward Lakes Subdivision along Westward Lakes Drive. Construction of Phase 5 will complete the water transmission main through north Roanoke County between Spring Hollow and North Lakes. Phase 5 will provide full capacity to the north County service area by completing the 24-inch diameter water transmission line and bypassing a segment of smaller diameter pipe currently in service. This project will provide optimum water supply within the north water service area. This project is expected to begin in the spring of 2003 and be completed by July 2004. SUMMARY OF INFORMATION: The Board of Supervisors has approved Phase 5 of the North Loop Water Transmission Line Project under the Capital Improvement Program. This project will involve acquisition of approximately 15 easements across the following properties depending on features encountered during surveying and design. Tax Map Nos. 43.00-01-45 54.02-04-72 54.02-04-01 54.02-04-74 54.02-04-24 54.03-O1-OS 54.02-04-28 54.03-01-18 54.02-04-29 54.03-01-52 54.02-04-68 54.03-01-53 54.02-04-69 54.03-07-01 54.02-04-70 ~-~ Preliminary negotiations have been made with the affected property owners in order to secure the right to access the property to perform surveying. Included is a list of potential properties located within the corridor identified for the project. Please note that all the properties on this list may not require acquisition of an easement. An Ordinance authorizing acquisition of the necessary easements is attached. FISCAL IMPACT: The cost of easement acquisition is included as part of the overall project budget. RECOMMENDATION: Staff recommends that the Board of Supervisors conduct the first reading of an ordinance authorizing acquisition of easements at the amount listed above. These amounts are based upon 40% of the assessed land value plus cost of expected damage caused by the work. These offers are consistent with the County's past policy for acquiring easements. SUBMITTED BY: APPROVED: Gary L. Robertson, P.E. Elmer C. Hodge Utility Director County Administrator -------------------------------------------------------------------------------------------------------------------- ACTION VOTE Approved () Motion by: No Yes Abs Denied () Church _ _ _ Received () Flora _ _ Referred McNamara _ _ to Minnix _ _ Nickens ~-~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, OCTOBER 22, 2002 ORDINANCE FOR AUTHORIZATION TO ACQUIRE NECESSARY EASEMENTS TO CONSTRUCT PHASE 5 OF THE NORTH LOOP WATER TRANSMISSION LINE PROJECT WHEREAS, location plans for Phase 5 of the North Loop Water Transmission Line Project have been completed and the project will require acquisition of water line easements across certain properties; and WHEREAS, said easements are to be acquired to facilitate the completion of construction of the water transmission main through north Roanoke County between Spring Hollow and North Lakes; 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 October 22, 2002; and the second reading was held on November 5, 2002. NOW, THEREFORE, be it ordained by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the acquisition and acceptance of the necessary water line easements for Phase 5 of the North Loop Water Transmission Line is hereby authorized across the following properties, referenced by tax map number, from the property owners, their successors or assigns: Tax Map Nos. 43.00-01-45 54.02-04-72 54.02-04-01 54.02-04-74 54.02-04-24 54.03-01-05 54.02-04-28 54.03-01-18 54.02-04-29 54.03-01-52 54.02-04-68 54.03-01-53 54.02-04-69 54.03-07-01 54.02-04-70 2. That the consideration for each easement acquisition shall not exceed a ~"' value equal to 40% of the current tax assessment for the property to be acquired plus the cost of actual damages, if any; and 3. That the consideration for each easement shall be paid from the Capital Improvement Fund; and 4. That the County Administrator is hereby authorized to execute such documents and take such actions as may be necessary to accomplish these acquisitions, all of which shall be on form approved by the County Attorney. -.., . ACTION NUMBER ITEM NUMBER ~ ~ 'S AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: October 22, 2002 SUBJECT: Appointments to Committees, Commissions and Boards COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: 1. BUILDING CODE BOARD OF ADJUSTMENTS AND APPEALS (FIRE CODE BOARD OF APPEALS) The four-year term of Richard L. Williams, Building Code Board ofAdjustments and Appeals, will expire on October 24, 2002. The four-year term of Larry W. Degen, Alternate, expired July 28, 2002. The four-year term of J. A. Hendricks, Jr., Alternate, Fire Code Board of Appeals expired October 28, 2001. Mr. Hendricks has been contacted and does not wish to serve another term. 2. GRIEVANCE PANEL The three-year term of Raymond C. Denny, Alternate, expired October 10, 2001. 3. PARKS AND RECREATION ADVISORY COMMISSION (Appointed by District) The unexpired three-year term of Wayne Gauldin, Catawba Magisterial District, who has resigned. This term will expire June 30, 2003. 4. ROANOKE VALLEY REGIONAL CABLE TELEVISION COMMITTEE The term of Dr. Harry C. Nickens who has resigned as a member of the Board of Supervisors effective October 31, 2002. The board member who is appointed to fill this vacancy will automatically be placed on the Roanoke County Cable Television Committee. There is no term expiration for this appointment. 1 -. Li ~~ 7 5. VIRGINIA WESTERN COMMUNITY COLLEGE BOARD The four year term of Stan Lanford expired June 30, 2002. Mr. Lanford has served two consecutive terms and is not eligible for reappointment. SUBMITTED BY: APPROVED BY: 11 l~• ~ ~~1~~ Diane S. Childers Elmer C. Hodge Clerk to the Board County Administrator -------------------------------------------------------------------------------------------------------------------- ACTION VOTE No. Yes Abs Approved () Motion by: Church Denied () Flora Received () McNamara _ Referred () Minnix _ To () Nickens 2 .d..~,,+ ..,~ ! ..:. j AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, OCTOBER 22, 2002 RESOLUTION 102202-4 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM J -CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the certain section of the agenda of the Board of Supervisors for October 22, 2002 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 5, inclusive, as follows: 1. Approval of minutes -October 8 and October 14, 2002 meetings 2. Request to release liens and amend performance agreement with Sims Automotive, Inc. 3. Approval of amended square footage for lease of rooftop space to Cellco Partnership, a Delaware General Partnership d/b/a Verizon Wireless, at the Salem Bank and Trust Building, 220 East Main Street, Salem, VA (reference ordinance #082702-18) 4. Request to accept donation from Wal-Mart in the amount of $1,200.00 for the purchase of equipment and supplies to outfit the two Roanoke County Police K-9 Officers and their K-9 partners. 5. Request to accept donation from the Vinton Moose Lodge in the amount of $250.00 for the purchase of equipment and supplies to outfit the two Roanoke County Police K-9 officers and their K-9 partners. 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. 1 On motion of Supervisor Minnix to adopt the Consent Resolution, and carried by the following recorded vote: AYES: Supervisors Flora, McNamara, Minnix, Church NAYS: None ABSENT: Supervisor Nickens A COPY TESTE: Diane S. Childers Clerk to the Board of Supervisors cc: File Doug Chittum, Director, Economic Development Danial Morris, Director, Finance Arnold Covey, Director, Community Development J. Ray Lavinder, Chief of Police Paul M. Mahoney, County Attorney Gary Robertson, Director, Utility Vickie L. Huffman, Senior Assistant County Attorney Anne Marie Green, Director, General Service William E. Driver, Director, Real Estate Valuation 2 .~ October 8, 2002 Roanoke County Administration Center 5204 Bernard Drive Roanoke, Virginia 24018 October 8, 2002 The Board of Supervisors of Roanoke County, Virginia met this day at the Roanoke County Administration Center, this being the second Tuesday and the first regularly scheduled meeting of the month of October, 2002. IN RE: CALL TO ORDER Chairman Church called the meeting to order at 3:01 p.m. The roll call was taken. MEMBERS PRESENT: Chairman Joseph B. "Butch" Church, Vice Chairman Joseph McNamara, Supervisors Richard. C. Flora, H. Odell "Fuzzy" Minnix, Harry C. Nickens MEMBERS ABSENT: None STAFF PRESENT: Elmer C. Hodge, County Administrator; Paul M. Mahoney, County Attorney; Diane S. Childers, Clerk to the Board; John M. Chambliss, Assistant County Administrator; Dan R. O'Donnell, Assistant County Administrator IN RE: OPENING CEREMONIES The invocation was given by the Reverend Marianne Bird, Trinity United Methodist Church, Roanoke, Virginia. The Pledge of Allegiance was recited by all present. October 8, 2002 2 IN RE: REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF AGENDA ITEMS Mr. Hodge asked that the Resolution of Appreciation to Harry C. Nickens be moved from Item C-2 to Item O, at the request of Supervisor Nickens, to allow time for his family members traveling from out of state to arrive. Mr. Hodge also requested that Item C-1, Resolution of Welcome to the Honorable Yoshio Yamamoto, Mayor of Shinshiro City, Aichi Prefecture, Japan, and his delegation be held until later in the meeting. The delegation was visiting with staff at Carillon Hospital and will be late arriving. IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS 1. Proclamation declaring October 2002 as "Crime Prevention Month" in the County of Roanoke The proclamation was accepted by Ray Lavinder, Chief of Police; Lee Linkous, Crime Prevention Specialist; and McGruff, the Crime Dog. 2. Proclamation declaring October 6 through October 12, 2002, as "Mental Illness Awareness Week" in Roanoke County The proclamation was accepted by Charles Wohlford, June Poe, Cliff DeMars and Shonna Allen, members of the Board of Directors of the National Alliance for the Mentally III (NAMI). October 8, 2002 3 3. Proclamation declaring October 6 through October 12, 2002 as "Fire Prevention Week" in the County of Roanoke The proclamation was accepted by Chief Rick Burch and "Freddie the Fire Engine". Captain Darryl Sexton introduced the members of the career staff from the Clearbrook Station present at the meeting: Brad Creasy, Firefighter -City of Roanoke; Charlie Rucker, Paramedic/Firefighter; David Sizemore, Paramedic/Firefighter; and Kevin Gresham, Firefighter. Supervisor Flora commended the Fire Department for the outstanding job they have done, and indicated his support of the cooperative efforts between Roanoke City and Roanoke County as evidenced by the Clearbrook Fire Station. He also recognized their efforts in educating the public concerning fire safety. Supervisor Minnix stated he was proud of the fire and rescue personnel, and reported that a new portion of the facilities at the Clearbrook Station was dedicated this past Saturday, October 5. He stated that it was gratifying to see that the area localities have taken a step toward regional cooperation. 4. Resolution of welcome to the Honorable Yoshio Yamamoto, Manor of Shinshiro City, Aichi Prefecture, Japan' and his delegation. Elmer Hodge' County Administrator) R-100802-1 Mr. Hodge introduced the members of the delegation from Japan which October 8, 2002 4 included: The Honorable Yoshio Yamamoto, Mayor of Shinshiro City; Mrs. Masako Yamamoto, wife of the Mayor; Mr. Katsuo Natsume, Director of Shinshiro City Hall; Dr. Masahiro Yoneda, Director of the Shinshiro Hospital who was touring one of the hospitals in Roanoke and unable to attend the meeting this evening; Mr. Kasume Takishita, Deputy Manager of the Secretarial Section; Mr. Yuuji Morishita, Deputy Manager of the Industrial Section; and Ms. Haruko Nishikawa, Interpreter. Mr. Hodge also introduced Ms. Barbara Nesbitt, Executive Director of the Japan-Virginia Society. Chairman Church presented the Resolution of Welcome to Mayor Yamamoto and the members of his delegation. Mayor Yamamoto stated that it was a great opportunity to speak to the members of the Board of Supervisors. He indicated that it was his first trip to Roanoke and he was very impressed with the hearty welcome he had received. He stated that although Roanoke and Shinshiro are far apart in terms of distance, they share many similarities which provide a sense of intimacy between the two cities. Mayor Yamamoto made reference to the Japanese companies operating in Roanoke County such as Dynax America Corporation, Yokohama Tire Corporation, and Koyo Steering Systems, and indicated his desire to have Virginia companies begin locating in Shinshiro to promote economic exchange between the two cities. Mayor Yamamoto indicated that he would like to extend the exchanges between our cultures to include areas such as sports, culture and economy. October 8, 2 5 Mr. Katsuo Natsume, Director of Shinshiro City Hall, indicated that the purpose of the visit to Roanoke was to deepen the friendship between Roanoke County and Shinshiro and to expand the market for green tel. He expressed his appreciation to the County for their hospitality during his visit. Mr. Hodge shared some of the similarities between the County and Shinshiro, and stated that the following features exit in both localities: a coastline, mountainous and agricultural areas, a university, and a strong interest in health care issues. Chairman Church presented a paperv~eight to Mayor Yamamoto and Certificates of Honorary Citizenship were presented to Mayor Yamamoto and the members of his delegation. Mr. Hodge expressed his appreciation toy Barbara Nesbitt, Wendi Schultz, Jill Loope, and Wanda Riley for their assistance in Supervisor McNamara moved to adopt by the following recorded vote: AYES: Supervisors Flora, McNamara, Minnix, N NAYS: None g for this visit. Resolution. The motion carried s, Church RESOLUTION 100802-1 OF WELCOME O THE HONORABLE YOSHIO YAMAMOTO, MAYOR OF SH NSHIRO CITY, AICHI PREFECTURE, JAPAN, AND HIS DELEGATI N October 8, 2002 6 WHEREAS, Roanoke County and Shinshirr~ City, have enjoyed a fruitful business and cultural relationship for several years; and WHEREAS, this relationship, developed with the assistance of the Japan-Virginia Society, promises educational and economic benefit fc~r the future of both communities; and WHEREAS, Shinshiro City shares many sirnilarities with Roanoke County, including a fine quality of life, a beautiful countryside, and the presence of the Yokohama Tire Corporation; and WHEREAS, Shinshiro City is well known for its focally grown green tea; and WHEREAS, we are honored to have Mayor Yoshio Yamamoto and his Delegation visit us to introduce their green tea to the Roanoke Valley; and WHEREAS, the Japanese living in the Roanoks~ Valley, as well as Koyo Steering Systems and Dynax America Corporation, contribrate greatly to the cultural and economic life of our community. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County, Virginia, on behalf of the members of the Board and the citizens of the County, does hereby extend the warmest welcome to THE HONORABLE YOSHIO YAMAMOTO, MAYOR OF SHINSHIRO CITY, JAPAh~, and his Delegation, and looks forward to a long and prosperous relationship with the ~~ity. On motion of Supervisor McNamara to adopt tf{~e Resolution, and carried by the following recorded vote: AYES: Supervisors Flora, McNamara, Minnix, Nickens, Church NAYS: None IN RE: NEW BUSINESS 1. Resolution declaring a drought emergency in Roanoke County and requesting disaster assistance from the Commonwealth of Virginia and the United States. John M. Chambliss, Assistant County Administrator) R-100802-2 Mr. Chambliss reported that the Roanoke Valley has been suffering from drought conditions since July 1998 and at present, over 500 agricultural producers in October 8, 2002 7 the Roanoke area are being affected financially by this drought. In excess of 15,000 acres of crops and over 5,000 heads of livestock have been impacted by the drought conditions. The proposed resolution is a request to the Governor of Virginia designating Roanoke County as a drought disaster area and providing agricultural producers in the area with access to financial benefits, low rate loans, ai~~d other available assistance. There was no discussion on this item. Supervisor Nickens moved to adopt the Resolution. The motion carried by the following recorded vote: AYES: Supervisors Flora, McNamara, Minnix, Nickens, Church NAYS: None RESOLUTION 100802-2 DECLARING A DROUGHT EMERGENCY IN ROANOKE COUNTY, AND REQUESTING CMISASTER ASSISTANCE FROM THE COMMONWEALTH OF VIRGINIA AND THE UNITED STATES WHEREAS, over the past several months, Roanoke County has suffered with above normal temperatures and a significant deficit in rainfall creating drought conditions throughout the agricultural areas of the County; and WHEREAS, these drought conditions caused by extreme weather have resulted in serious and irreversible damage to crop production and pasture growth, both of which have been reduced by forty to fifty percent from normal production; and WHEREAS, in recognition of these serious drought conditions and financial losses that are being experienced by local farmers, the County desires and respectfully urges that the appropriate Federal and State agencies declare Roanoke County to be experiencing a drought disaster in order that any available financial assistance be provided to it. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the Board of Supervisors recognizes that a drought disaster exists in October 8, 20 8 Roanoke County and respectfully requests that th appropriate Federal and State agencies recognize these conditions and have the C unty declared a drought disaster area in order for the County to qualify for all financial ssistance which may be available to the local farmers through this or a similar designatio ;and 2. That the Honorable Mark Warner, Go ernor of the Commonwealth, is hereby petitioned by Roanoke County to request that he President of the United States or the United States Secretary of Agriculture recogni a Roanoke County's emergency situation and make any Federal drought assistance rograms available to those who need them in Roanoke County; and 3. That the Clerk is directed to send a co y of this resolution to Governor Warner, Congressmen Goodlatte and Boucher, and S nators Warner and Allen. On motion of Supervisor Nickens to adopt th Resolution, and carried by the following recorded vote: AYES: Supervisors Flora, McNamara, Minnix, Nickens, Church NAYS: None IN RE: FIRST READING OF ORDINANCES 1. First reading of an ordinance to v cate a 50 foot ublic right of way' 20 foot drainage easement, 0 foot drainage easement and portions of 15 foot ublic utility a sement recorded in Plat Book 24, Page 35 Roanoke Count nd Plat Book 24, Pages 1=3 Botetourt Count Stonegate - Phase I Hollins Magisterial District. Arnold Covey, Director of Community Development) Mr. Covey stated that the requeste~ vacations are necessary for Stonegate Properties, LLC to re-subdivide the currents Phase 1 and move to Phase 2. In order to proceed with recordation and devel vacations are requested. nt of the project, the proposed There was no discussion on this item. October 8, 2002 9 Supervisor Flora moved to approve the first reading and set the second reading and public hearing for October 22, 2002. Thee motion carried by the following recorded vote: AYES: Supervisors Flora, McNamara, Minnix, Nickens, Church NAYS: None IN RE: PUBLIC HEARING AND SECOND READING OF ORDINANCE 1. Second reading of ordinance ar~ending the Roanoke County Code ~ the addition of a new Article IV of Chapter 22 entitled "Water Supply Emergencies and Conservation Measures" declaring that a water supply emergency exists, and the implementation of water conservation measures to restrict the use of water by the citizens of tF~e County of Roanoke for the duration of such emergency. Paul Mahoney, Co- unty Attorney; Gary Robertson, Utility Director 0-100802-3 Mr. Robertson reported that in the State of Virginia, 172 public water supplies are currently under mandatory water conservation. Since Spring 2002, the number of failed wells in Virginia has risen to more than 4,000. Typically this number would be less than 100 for this time frame. These factors indicate the seriousness of October 8, 2002 ~ O the drought and the prognosis does not appear to be improving. Mr. Robertson distributed a Frequently Asked Questions brochure that will be mailed to citizens, placed on the Internet, and possibly broadcast on Roanoke Valley Television (RVTV). He asked for input from the Board members regarding the content of the brochure. Mr. Robertson indicated that staff had attempted to make distinctions between private well usage versus County water system usage. He stated that the ordinance does not address what steps will be taken if drought conditions worsen, and it is possible that staff may return to the Board at a later date with more ,stringent restrictions. Mr. Mahoney outlined the following modifications that were made to the draft ordinance following the first reading: 1) Clarifications have been made to indicate that the ordinance applies to surface water withdrawals. 2) Consideration has been given to steps being taken by neighboring localities. ~s) Golf courses and athletic fields that use County water would be restricted from watering those facilities. 4) Violations may be appealed through the County Administrator and then to the Board of Supervisors. 5) Provisions that apply to certain water withdrawals from private wells and surface water have been further clarified. Mr. Mahoney referred to Section 22.204 (I) which contains restrictions on the watering of lawns and washing of automobiles. This section does provide an exception for golf courses, athletic fields and other athletic facilities if the watering is derived from a private well or surface water withdrawal. October 8, 2002 11 Mr. Mahoney stated that if adopted, the mandatory conservation measures would go in effect tomorrow, October 9, 2002. Supervisor Minnix referenced a letter which was received from Hunting Hills County Club (HHCC) regarding water restrictions. He stated that they are a company that contributes a great deal to the econom~r of the County, and he indicated that the ordinance, as proposed, limits the watering of golf courses to those using ground wells or surface water withdrawals. He stated that HHCC has been unable to establish a private water system due to the terrain. In response to Supervisor Minnix's question, Mr. Robertson stated that the ordinance, as currently proposed, would not allow HHCC to water their golf tees and greens if they have to purchase their water from the County. Supervisor Minnix requested that Mr. Hodge and staff meet with individuals from HHCC to attempt to locate an untreated source of water to assist in maintaining this economic development industry. Mr. Hodge indicated that staff had hoped to be able to schedule a meeting with HHCC prior to presenting the ordinance to the Board for adoption. He stated that the ordinance is not in the best form because staff is working through this for the first time as are many other localities. He stressed the need to get the ordinance in place to allow for appeals to the State for lessening of restrictions on withdrawals from the Roanoke River. He indicated that if these issues can be resolved with schools and golf courses, staff will certainly do so in order to protect these economic assets. October 8, 2002 ~ 2 Supervisor Minnix stated that the Board should look closely at ways to help these industries. Supervisor Church stated he also has ~ golf course in his district, and stated that the loss of a green can amount to $15,000. ! He stated that athletic fields also represent a significant investment in facilities for Roanoke County residents, and there are also business that depend on the use of water for 1~heir survival. Supervisor Church questioned whether a two week extension prior to adopting the ordinance would be detrimental to the County's efforts. Mr. Robertson',indicated that this would delay requests that he currently has pending with the State. Supervisor McNamara questioned wheth~r a new or repaired pool can be filled under the provisions in the ordinance. Mr. Robertson indicated that according to the Governor's declaration, pools that need to be filled to maintain structural integrity can be filled, but cannot be replenished once they afire initially filled. Mr. Robertson stated that Executive Order 33 lasts until June 30, 200. Supervisor McNamara asked if there were any projections of the amount of water that will be saved by enacting this ordinance. Mr. Robertson stated that Charlottesville has been experiencing a 10-20% reduction in water usage, although the general guidelines project a 10% reduction. Supervisor Nickens stated that it appeajrs that schools, ball fields, and Hanging Rock Golf Course can be accommodated under the restrictions because they October 8, 2002! 13 have a source of water that is either from wells or entreated surface water, and that HHCC is the only facility at risk. Supervisor Nickens questioned whether or not HHCC had any source of well water available. He questioned whether the Board could pass the ordinance with the caveat that HHCC would be exempt from the restrictions until such time as staff has been able to meet with represerhtatives to clarify the availability of other water sources. Mr. Mahoney indicated that this could pose a problem if the County and HHCC are unable to agree on terms once Ithe ordinance is adopted with the exemption. Mr. Mahoney stated that the sections'i prohibiting the watering of golf courses and athletic fields and facilities with Count water could be deleted and if drought conditions continue to deteriorate, staff would further tightening of the restrictions. return to the Board to request a Supervisor Nickens questioned whether it would be acceptable to the Board to adopt the ordinance with the removal of references to golf courses and athletic fields. Mr. Robertson stated that this would assist himlin being able to proceed with his requests to the State, but asked that the Board eventually clarify these restrictions. He stated that the majority of telephone calls received hake been from citizens concerned about the watering of golf courses and athletic fields, arhd this makes enforcement of the restrictions difficult. Supervisor Nickens moved to adopt the ordinance with the understanding that the provisions relative to golf courses and athletio fields be excluded at this time, October 8, 2002 14 and asked that staff return at the November 22 meeting to revisit the issue of restrictions for these facilities. Supervisor McNamara questioned whether this action would make the County's ordinance less restrictive than the Governor's declaration. Mr. Robertson indicated that it would not. Supervisor McNamara questioned whether there were any other areas where the County's ordinance is more restrictive than the State, and Mr. Robertson stated that the County does not distinguish between residential lawns and golf courses among users of the County's water. Mr. ~!1ahoney stated that the County is recommending the prohibition of vehicle washin±~ unless high pressure, low consumption equipment is used or a water recycling system is in place. The Governor's second set of modifications allowed car dealers to wasr~ their vehicle fleet. Supervisor Minnix re-stated his position that his intent was to try to find a way to keep HHCC operating until the drought conditions lessened. He stated his concern about the message of unequal treatment that will be sent to citizens. He asked that County staff meet with individuals from HHCC; first to try to determine the availability of alternative water sources. He stated that if the drought continues, the County will be in trouble next summer. He emphasized that he does not want citizens to feel that some industries are receiving special treatment. Supervisor Church stated that he would prefer to delay action for two weeks on the entire proposal to allow time to further evaluate the situation. October 8, 2002 15 Mr. Hodge stated that the County's first priority is the availability of drinking water for the citizens and for safety purposes. In discussions with golf courses and athletic facilities, it has been made clear that they will have to take many steps to curtail their usage. They will also modify their schedules to water only in the evenings and to water less frequently. The County also has plans to utilize some of the older wells that have been on standby status for this purpose. At this time, staff feels it is possible to accomplish both these goals. If this action is delayed, one of the additions he would like to see is a third category of restrictions for severe mandatory restrictions where the County specifies what actions will be taken when the drought becomes more severe. Supervisor McNamara indicated that he did not view the removal of Item G as favoring golf courses, but rather as enacting the Governor's restrictions so that the County is better positioned for a permit application to be allowed to pull water from the Roanoke River if the opportunity exists. He stated if the situation is indeed serious, the County should not wait two weeks to act on the proposed ordinance. Otherwise, he stated the County should not proceed much further than the Governor's declaration at the present time. Supervisor Nickens concurred with Supervisor McNamara and stated that if the ordinance is enacted tonight, the County will have enforcement authority. Without adoption of the ordinance, enforcement capabilities do not exist. October 8, 2002 ~ 6 Supervisor Nickens moved to call for the question. The motion carried by the following recorded vote: AYES: Supervisors Flora, McNamara, Minnix, Nickens, Church NAYS: None Supervisor Nickens moved to adopt the ordinance with the provisions in Item G, line 2 relative to "golf courses and athletic fields and facilities" being excluded at this time. He requested that this item be brought back to the Board at the November 5 meeting to clarify restrictions pertaining to these facilities. The motion carried by the following recorded vote: AYES: Supervisors Flora, McNamara, Minnix, Nickens, Church NAYS: None ORDINANCE 100802-3 AMENDING THE ROANOKE COUNTY CODE BY THE ADDITION OF A NEW ARTICLE IV OF CHAPTER 22 ENTITLED "WATER SUPPLY EMERGENCIES AND CONSERVATION MEASURES," DECLARING THAT A WATER SUPPLY EMERGENCY EXISTS, AND THE IMPLEMENTATION OF WATER CONSERVATION MEASURES TO RESTRICT THE USE OF WATER BY THE CITIZENS OF THE COUNTY OF ROANOKE FOR THE DURATION OF SUCH EMERGENCY WHEREAS, on August 30, 2002, the Governor of the Commonwealth of Virginia issued Executive Order Number 33 entitled "Declaration of a State of Emergency Due to Extreme Drought Conditions throughout the Commonwealth" in which he proclaimed a state of emergency throughout the Commonwealth due to drought conditions, instituted mandatory restrictions on certain uses of surface and ground water in Roanoke County and other localities in the Commonwealth, mandated agencies of both state and local governments to render appropriate assistance to address drought conditions, and authorized local governments to establish, collect, and retain fines for violations of the October 8, 2002 ~ 7 water restrictions; and WHEREAS, Section 15.2-924 of the Code of Virginia (1950), as amended, authorizes the Board of Supervisors of the County of Roanoke, when it finds that a water supply emergency exists or is reasonably likely to occur if water conservation measures are not taken, to restrict the use of water by the citizens of the County for the duration of such emergency or for a period of time necessary to prevent the occurrence of a water supply emergency; and WHEREAS, the Board hereby finds that a water supply emergency exists or is reasonably likely to occur if water conservation measures are not taken when flows in the Roanoke River reach such low levels and that drought conditions exist in the Roanoke Valley; and WHEREAS, stream flows have recently approached historic low levels that necessitate limiting use of the public water source for the protection of the health, safety and general welfare of the citizens of the County; and WHEREAS, the Board finds that it is necessary to adopt regulations reducing, restricting or curtailing the use of water by the citizens of the County in the manner hereinafter set forth in order to comply with the Governors Executive Order and the requirements contained therein, and to address any existing or potential water supply emergency situations. BE IT ORDAINED By the Board of Supervisors of Roanoke County, Virginia, as follows: §1. That the Board hereby determines and finds that a state of emergency exists, as proclaimed in the Executive Order of the Governor of this Commonwealth, due to extreme drought conditions in the County, neighboring localities, and throughout the Commonwealth, and that a water supply emergency continues to exist in the County, due to current water levels in the Roanoke River and water levels in the County's Spring Hollow Reservoir and its groundwater wells for its public water system and anticipated demand in the immediate future, which together necessitate the adoption of this Ordinance mandating restrictions on the use of water in the County under the terms and conditions set forth in this Ordinance. § 2. That the Code of the County of Roanoke is hereby amended and reenacted by adding a new Article IV of Chapter 22, entitled "Water Supply Emergencies and Conservation Measures" as follows: ARTICLE IV. WATER SUPPLY EMERGENCIES AND CONSERVATION MEASURES Sec. 22-200. Generally. (a) Purpose. The purpose of this division is to establish water conservation reduction measures to be imposed when drought, water shortage and low flows in the Roanoke River require water conservation measures to be in effect for public water October 8, 2002 supply use. It shall also apply to water supplied from private groundwater sources and to surface water withdrawals. (b) Exemptions from application. The provisions of this Article shall not apply to any governmental activity, institution, business, residence, or industry when it has been determined by the County Administrator that an exemption is necessary for the public health, safety and welfare, for the prevention of severe economic hardship or the substantial loss of employment, or for the health of any person. Recycled water shall also be exempt from the provisions of this Article. Sec. 22-201. Definitions. As used in this division: (a) "Fountain" shall mean a water display where water is sprayed strictly for ornamental purposes. (b) "Paved areas" shall mean streets, sidewalks, driveways, patios, parking lots, service station aprons, and other surface areas covered with brick, paving, tile, or other material through which water cannot pass. (c) "Swimming pool" shall mean any structure, basin, chamber, or tank, including hot tubs, containing an artificial body of water for swimming, diving or recreational bathing and having a depth of two (2) feet or more at any point. (d) "Person" shall mean any individual, corporation, partnership or other legal entity in the County. (e) "Recycled water" shall mean water originally potable but circulated for reuse after delivery from the public water system. Sec. 22-202. Declaration. The Board shall declare the imposition of either voluntary or mandatory water conservation measures whenever the County is experiencing a water supply emergency or the need to avert a water supply emergency. The need to avert an emergency and to implement voluntary conservation measures shall be deemed to exist whenever the flows in the Roanoke River drop to levels that require the limitation of withdrawals for Spring Hollow Reservoir, the water level in the Reservoir is below normal for that time period, and meteorological projections indicate consideration of such measures. The need to avert an emergency and to impose mandatory water conservation measures shall be deemed to exist when the Reservoir contains less than a 150 days supply at current usage patterns for the period between June 1 and October 1, or a 100 day supply for the period between October 1 and June 1, and very limited supplies of water are available. Notices of the implementation and termination of the water conservation measures shall be publicly announced and published in a daily newspaper for at least one (1) day. The implementation or termination of the measures shall become effective immediately upon publication of the respective notice. October 8, 2002 ~ 9 Sec. 22-203. Voluntary water conservation measures. When voluntary water conservation measures are in effect, the Board shall request the general public, businesses and public agencies in the county to implement and comply with the following water use reduction measures: (a) Lawns and Gardens. Reduce watering to only when necessary to maintain viability, and then only between the hours of 8:OOp.m. and 8:OOa.m. (b) Paved areas. Reduce washing. Washing paved areas for immediate health and safety is exempted. (c) Swimming pools. Reduce filling and replenishing to levels required to maintain health and safety. (d) Vehicle washing. Reduce non-commercial washing of mobile equipment. Commercial mobile equipment washing businesses are exempt (e) Restaurants. Serve water to customers only upon request. (f) Public Utilities. Reduce scheduled sewer and hydrant flushing by fifty percent (50%). Flushing to meet immediate health and safety requirements is exempt. Sec. 22-204. Mandatory water conservation measures. When mandatory water conservation measures are in effect, the general public, businesses and public agencies shall comply with the following water use restrictions: (a) Fountains. Operation prohibited. (b) Paved areas. Washing prohibited except for immediate health and safety requirements, or except for commercial or industrial operations using high pressure low consumption equipment. Washing for maintenance purposes one time within any twelve (12) month period is permitted. (c) Swimming pools. Prohibit filling of outdoor swimming pools. Replenishing to maintain the structural integrity of the pool or to ensure swimmer health and safety is permitted. (d) Vehicle washing. Prohibit non-commercial washing of automobiles, trucks, trailers, boats, airplanes or any other type of mobile equipment, except in commercial facilities if operating with high pressure low consumption equipment or operating with a water recycling system. The County Administrator may order the curtailment of the hours of operation of such commercial facilities or operations offering such services to the public or washing their own equipment. (e) Restaurants. Serve water to customers only upon request. (f) Public Utilities. Conduct sewer and hydrant flushing only for the purpose of fire suppression or other public emergency. Flushing to meet immediate health and safety requirements is exempt. (g) Lawns and Gardens. Eliminate watering of shrubbery, trees, lawns, grass, plants or other vegetation, gs~~-e,.;~~Tefis-f~e<c-1-s-a^~';~+~ except indoor plantings, greenhouse or nursery stocks and watering by commercial nurseries of October 8, 2002 2 O freshly planted plants upon planting and new and replanted or resodded lawns for a period not to exceed thirty (30) days. (h) Eliminate the washing of the exteriors of commercial or industrial buildings, homes or apartments. Washing for maintenance purposes one time within any twelve (12) month period is permitted. (I) Private wells and surface water withdrawals. Eliminate watering of lawns, gardens, shrubbery, trees, grass, plants or other vegetation (except indoor plantings, greenhouse or nursery stocks is permitted), washing of automobiles, trucks, trailers, boats, airplanes or any other type of mobile equipment, or filling of outdoor swimming pools (replenishing to maintain the structural integrity of the pool or to ensure swimmer health and safety is permitted). Watering of freshly planted plants upon planting and new and replanted or resodded lawns for a period not to exceed thirty (30) days, tees and greens on golf courses, athletic fields and facilities, is permitted. Sec. 22-205. Violation; evidentiary presumptions; penalty for violation; appeals. (a) Violation. It shall be a violation of this Article for any person to intentionally, knowingly, recklessly or negligently use, cause the use of or permit the use of water in violation of any of the mandatory provisions of this division. (b) Evidentiary presumptions. For purposes of this Article, in any case where water has been used in a manner contrary to any mandatory provision of this division, it shall be presumed that the person in whose name a water meter connection is registered with the Utility Department has knowingly used, caused the use of or permitted the use of water in such a contrary manner. Proof that a particular premises had a water meter connection is registered in the name of the defendant cited in a criminal complaint filed pursuant to this Article shall constitute in evidence a prima facie presumption that the defendant is the person who used, caused the use of or permitted the use of water in a manner contrary to any mandatory provision of this division. (c) Penalty for violation. Any person convicted of violating any of the provisions of this article shall be guilty of a Class 3 misdemeanor. In lieu of a criminal prosecution for a violation of this article, the County may impose a civil penalty for any violation. For a first offense the person will receive a written warning. On the second offense, the person will be assessed as a civil penalty a water bill surcharge fee of fifty dollars ($50.00) per violation fora residential account and one hundred dollars ($100.00) per violation for an institutional/commercial/industrial account. On the third and any subsequent offense, the person will be assessed as a civil penalty a water bill surcharge fee of one hundred dollars ($100.00) per violation for a residential account and two hundred dollars ($200.00) per violation for an institutional/commercial/industrial account. In addition, the Utility Department may suspend the service of any person violating any of the mandatory water use restrictions. All fines shall be imposed on the October 8, 2002 21 violator's next water bill. (d) Appeals. The person shall have the right to appeal to the County Administrator upon receiving written notice of any violation or intent to discontinue service. That person may then appeal the decision of the County Administrator to the Roanoke County Board of Supervisors. The procedure to be followed in any appeal is the same procedure as set out in Section 18-156.5 of this Code. (e) Each violation by a person shall be counted as a separate violation by that person, irrespective of the location at which the violation occurs. Sec. 22-206. Enforcement. The Chief of Police and the Director of the Utility Department, through their agents or employees, shall be jointly responsible for the administration and enforcement of this ordinance. The Director of the Utility Department is authorized to designate qualified Utility Department personnel to enforce this ordinance in the manner and to the extent allowed by law, including the filing of notices of violations of this Article and the filing of complaints with the Police Department for such violations. § 3. This ordinance shall not apply to that portion of the County served with public water by the Town of Vinton. § 4. This ordinance shall be in full force and effect upon its adoption. § 5. That the provisions of this Ordinance are severable, and the unenforceability of any provision of this Ordinance, as determined by a court of competent jurisdiction, shall not affect the enforceability of any other provision in the Ordinance. On motion of Supervisor Nickens to adopt the ordinance with the following change: under Section 22-204 "Mandatory Water Conservation Measure", Item (g) the wording "golf courses and athletic fields and facilities" shall be deleted, and carried by the following recorded vote: AYES: Supervisors Flora, McNamara, Minnix, Nickens, Church NAYS: None IN RE: CONSENT AGENDA R-100802-4, R-100802-4.f, R-100802-4.i Supervisor Nickens moved to adopt the Consent Resolution. The motion carried by the following recorded vote: October 8, 2002 22 AYES: Supervisors Flora, McNamara, Minnix, Nickens, Church NAYS: None RESOLUTION 100802-4 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM I -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 October 8, 2002 designated as Item I -Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 through 10, inclusive, as follows: 1. Confirmation of committee appointments: Virginia's First Regional Industrial Facility Authority 2. Acceptance of sewer facilities serving Brambleton Avenue Development 3. Acceptance of water and sewer facilities serving The Gardens of Cotton Hill, Section 7 - "Tulips in the Garden" 4. Designation of a voting representative at the Virginia Association of Counties (VACo) Annual Meeting on November 12, 2002 5. Request to accept the donation of certain real estate for entrance improvements to the Vinton Business Center from Lancerlot Sports Complex, LC; Virginia P. Whorley; Gerald H. Clark, et al; and Clinton Rieley Moorman, et al, Vinton Magisterial District 6. Request to accept the remaining portion of Carolina Trail into the Virginia Department of Transportation Secondary System, Hollins Magisterial District 7. Acceptance and appropriation of Section 5311 grant monies on behalf of Unified Human Services Transportation System 8. Authorization to execute an updated contract with the Unified Human Services Transportation System, Inc. to provide the CORTRAN services for Roanoke County 9. Resolution of appreciation upon the retirement of Ronney M. Price after twenty-one years of service 10. Request from schools to appropriate tuition preschool program funding in the amount of $35,000 for fiscal year 2002-03 October 8, 2002 23 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 Flora, McNamara, Minnix, Nickens, Church NAYS: None RESOLUTION 100802-4.f REQUESTING ACCEPTANCE OF THE REMAINING PORTION OF CAROLINA TRAIL 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 Section 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 Flora, McNamara, Minnix, Nickens, Church Nays: None Absent: None October 8, 2002 24 RESOLUTION 100802-4.i EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY UPON THE RETIREMENT OF RONNEY M. PRICE, COMMUNITY DEVELOPMENT DEPARTMENT, AFTER TWENTY ONE YEARS OF SERVICE WHEREAS, Ronney M. Price was first employed by Roanoke County Public Service Authority on April 4, 1977, and was employed by Roanoke County on July 1, 1980 through February 29, 1984, and again from April 4, 1988 through August 31, 2002; and WHEREAS, Mr. Price retired from Roanoke County as a Construction Inspector in the Community Development Department on September 1, 2002, after twenty-one years and two months of service; and WHEREAS, Mr. Price co-authored the first draft of the Roanoke County Water and Sewer Standards; and WHEREAS, Mr. Price, through his employment with Roanoke County, has been instrumental in improving the quality of life for its citizens. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County expresses its deepest appreciation and the appreciation of the citizens of Roanoke County to RONNEY M. PRICE for over twenty-one years of capable, loyal and dedicated service to Roanoke County. FURTHER, the Board of Supervisors does express its best wishes for a happy, restful, and productive retirement. On motion of Supervisor Nickens to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Flora, McNamara, Minnix, Nickens, Church NAYS: None IN RE: REPORTS Supervisor Minnix moved to receive and file the following reports. The motion carried by the following recorded vote: AYES: Supervisors Flora, McNamara, Minnix, Nickens, Church NAYS: None October 8, 2002 25 1. General Fund Unappropriated Balance 2. Capital Fund Unappropriated Balance 3. Board Contingency Fund 4. Future School Capital Reserve 5. Statement of the Treasurer's Accountability p_er Investment and Portfolio Policy as of August 31, 2002 6. Proclamation signed ~ the Chairman 7. Clean Valle Council Report IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS Supervisor Nickens: (1) He asked that the Board continue to review the proposed route of I-73 and evaluate the feasibility of supporting the I-581/Route 220 roadbed as it exists today. (2) He stated his concern regarding proposed outdoor sign regulations and the potential harm to the sign industry. IN RE: ADJOURNMENT Chairman Church adjourned the meeting at 5:00 p.m. until Monday, October 14, 2002 at 6:00 p.m. at the Roanoke County Administration Center, 5204 Bernard Drive, SW, Roanoke, Virginia, to interview candidates for the Vinton Magisterial District vacancy. October 8, 2002 26 Submitted by: Diane S. Childers Clerk to the Board Approved by: Joseph B. "Butch" Church Chairman t ~~ October 14, 2002 Roanoke County Administration Center 5204 Bernard Drive Roanoke, Virginia 24018 October 14, 2002 The Board of Supervisors of Roanoke County, Virginia met this day at the Roanoke County Administration Center, this being the second Monday of October, 2002 and a special meeting for purposes of interviewing candidates for the Vinton Magisterial District vacancy. IN RE: CALL TO ORDER Chairman Church called the meeting to order at 6:04 p.m. The roll call was taken. MEMBERS PRESENT: Chairman Joseph B. "Butch" Church, Vice Chairman Joseph McNamara, Supervisors Richard C. Flora, H. Odell "Fuzzy" Minnix, MEMBERS ABSENT: Supervisor Harry C. Nickens STAFF PRESENT: Elmer C. Hodge, County Administrator; Paul M. Mahoney, County Attorney; Diane S. Childers, Clerk to the Board IN RE: CLOSED MEETING At 6:06 p.m., Supervisor Church moved to go into Closed Meeting pursuant to Code of Virginia Section 2.2-3711 A (1) discussion or consideration of the appointment of specific public officer, namely interview of candidates to fill a vacancy on the Board of Supervisors. The motion carried by the following recorded vote: 1 i October 14, 2002 AYES: Supervisors Flora, McNamara, Minnix, Church NAYS: None ABSENT: Supervisor Nickens IN RE: CLOSED MEETING The closed meeting was held from 6:12 p.m. until 10:05 p.m. IN RE: CERTIFICATION RESOLUTION R-101402-1 2 At 10:15 p.m. Supervisor Church moved to return to open session and adopt the Certification Resolution. The motion carried by the following recorded vote: AYES: Supervisors Flora, McNamara, Minnix, Church NAYS: None ABSENT: Supervisor Nickens RESOLUTION 101402-1 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 2.2-3712 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: October 14, 2002 3 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. Supervisor Church moved to adopt the Certification Resolution. The motion carried by the following recorded vote: AYES: Supervisors Flora, McNamara, Minnix, Church NAYS: None ABSENT: Supervisor Nickens IN RE: APPOINTMENT TO FILL VACANCY R-101402-2 Chairman Church reported that the Board had reached a consensus regarding the appointment to fill the Vinton District vacancy. He stated that the decision was not unanimous, but the Board is unanimous in the support of their selection. He indicated that there were five qualified applicants for the position, and the Board wishes to encourage the remaining four to consider running for election at the next opportunity. Chairman Church reported that the Board had selected Mr. Michael W. Altizer to fill the vacancy in the Vinton Magisterial District. Supervisor Church moved to adopt the Resolution. The motion carried by the following recorded vote: AYES: Supervisors Flora, McNamara, Minnix, Church NAYS: None ABSENT: Supervisor Nickens I October 14, 2002 4 RESOLUTION 101402-2 OF APPOINTMENT TO FILL THE VACANCY ON THE BOARD OF SUPERVISORS IN THE VINTON MAGISTERIAL DISTRICT WHEREAS, Harry C. Nickens, member of the Roanoke County Board of Supervisors representing the Vinton Magisterial District, tendered his resignation from this office on September 24, 2002, said resignation to become effective midnight October 31, 2002; and WHEREAS, the remaining members of the Board of Supervisors hereby appoint a qualified voter of the Vinton election district to fill this vacancy, said appointment to become effective November 1, 2002; and WHEREAS, the person appointed shall qualify and give bond within thirty days after this appointment; and WHEREAS, the person appointed shall hold this office until the qualified voters of this election district shall fill this office by a special election to be held on November 4, 2003. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the Board hereby appoints Michael W. Altizer to fill the vacancy on the Board of Supervisors of Roanoke County for the Vinton Magisterial District. 2. That this resolution shall take effect on November 1, 2002. Supervisor Church moved to adopt the Resolution. The motion carried by the following recorded vote: AYES: Supervisors Flora, McNamara, Minnix, Church NAYS: None ABSENT: Supervisor Nickens IN RE: ADJOURNMENT Chairman Church adjourned the meeting at 10:23 p.m. Submitted by: Approved by: Diane S. Childers Clerk to the Board Joseph B. "Butch" Church Chairman A-102202-4.a ACTION NO. ITEM NUMBER Jai. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: October 22, 2002 AGENDA ITEM: Request to release liens and amend performance agreement with Sims Automotive, Inc. COUNTY ADMINISTRATOR'S COMMENTS: BACKGROUND: ,~.,y~~ Roanoke County entered into a Performance Agreement with Sims Automotive, Inc. dated December 5, 2001. The agreement allowed for certain liens and connection fees to be released on parcels to be developed by Sims within the Stable Road Water and Sewer District. Subsequently Sims has purchased an additional parcel identified as Tax Parcel 88.03-1-29.1. Sims has requested that the lien associated with this parcel be released as well. FISCAL IMPACT: No additional funding is required. The amount of the lien on the additional parcel is $20,403. It is still anticipated that the County will recover its total project investment within three years as a result of additional new tax revenue created by the expanded Sims project. If the project fails to generate the additional revenue within the prescribed time frame, then Sims will reimburse the County the difference between the amount of new local tax revenues actually produced and $320,000. STAFF RECOMMENDATION: It is recommended that the Board of Supervisors authorize the County Administrator to release the lien on Tax Parcel 88.03-1-29.1 and to execute an amended Performance Agreement on behalf of the County, by and between the Roanoke County Board of Supervisors and Sims Automotive, Inc., upon form approved by the County Attorney. The County Administrator is authorized to execute this amended Performance Agreement upon Sims accepting title to real estate. _ r ~!} ~ V ,..~ Respectfully submitted, Approved by, /~~y-<- Doug Chittum Elmer C. Hodge Director of Economic Development County Administrator ------------------------------------------------------------------------------------------------------------------ ACTION VOTE No Yes Absent Approved (x) Motion by: H. Odell Minnix to approve Church _ x _ Denied () Flora _ x Received () McNamara- x Referred () Minnix _ x To () Nickens _ _ x cc: File Doug Chittum, Director, Economic Development Danial Morris, Director, Finance Gary Robertson, Director, Utility Paul M. Mahoney, County Attorney A-102202-4.b 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: October 22, 2002 AGENDA ITEM: Approval of Amended Square Footage for Lease of Rooftop Space to Cellco Partnership, a Delaware General Partnership, d/b/a Verizon Wireless, at the Salem Bank and Trust Building at 220 East Main Street, Salem, Virginia. (Reference: Ordinance No. 082702-18) COUNTY ADMINISTRATOR'S COMMENTS BACKGROUND: By Ordinance No. 082702-18, the Board of Supervisors authorized execution of a lease agreement with Cellco Partnership, a Delaware General Partnership, d/b/a Verizon Wireless, (Verizon) for approximately 46.5 total square feet of rooftop space at the Salem Bank and Trust Building, located at 220 East Main Street, Salem, Virginia. The lease is to be for an initial five (5) year term at an annual rental of $14,000.00, payable monthly in the amount of $1,200.00, plus payment for its utility consumption, with the option to Cellco to renew the lease for four (4) additional periods of five (5) years at a fifteen percent (15%) rental increase upon each renewal. SUMMARY OF INFORMATION: In finalizing the terms and provisions of the lease agreement, staff discovered a discrepancy in the square footage included by Verizon as compared to the square footage specified in the Ordinance approving the transaction. There has been no significant change in the proposal as negotiated by staff and Verizon representatives. It appears that there has simply been an error in the square footage designation. This action is to correct the authorization for the leased area, as shown on the attached Exhibit A, now that more accurate information is available. The total area proposed to be leased to Verizon is approximately 303.5 square feet of rooftop space, 176 square feet of which is for the equipment shelter and the remainder of which is for the antenna sleds. FISCAL IMPACTS: The funds generated by the lease are to be placed in the Salem Bank and Trust account. There is no additional fiscal impact related to this action. ~`- 3 STAFF RECOMMENDATION Staff recommends that the approval of the lease to Cellco Partnership, a Delaware General Partnership, d/b/a Verizon Wireless, at the Salem Bank and Trust Building, 220 East Main Street, Salem, Virginia, be amended and corrected to authorize lease of an approximate total of 303.50 square feet of rooftop space. This authorization is recommended as action incidental to Ordinance No. 082702-18 pursuant to § 18.04 of the Roanoke County Charter. Respectfully submitted, V'ckie L. u a Sr. Assistant Co y Attorney ACTION Approved (x) Denied ( ) Received ( ) Referred ( ) To ( ) Motion by: H Odell Minnix to approve cc: File Vickie L. Huffman, Senior Assistant County Attorney Danial Morris, Director, Finance Arnold Covey, Director, Community Development Anne Marie Green, Director, General Service William E. Driver, Director, Real Estate Valuation Paul M. Mahoney, County Attorney VOTE No Yes Absent Church _ x Flora _ x McNamara-. x Minnix _ x - Nickens _ _ x 2 S3 ~. ~ ~~ 1~,VfSEO d-4-02 1Ci--14-01 ,o~ ~~rorwar. ~a ro. •~ wroMna~ r.o~a R4?~?F TOP I~f Yti ~Lf ~asaa a A-102202-4.c ACTION NO. ITEM NUMBER: J + 1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA AT THE ROANOKE COUNTY ADMINISTRATIVE CENTER MEETING DATE: AGENDA ITEM: October 22, 2002 Request to accept donation from Wal-Mart in the amount of $1,200.00 for the purchase of equipment and supplies to outfit the two Roanoke County Police K-9 Officers and their K-9 partners. COUNTY ADMINISTRATOR'S COMMENTS: BACKGROUND: The Roanoke County Police Department has utilized a K-9 Unit since the Police Department was created in 1990. The K-9 Unit has a successful track record of drug seizures, apprehension of offenders, location of missing children and endangered adults, and creating opportunities for positive public relations. With the opening of their new location in Roanoke County, Wal-Mart has decided to provide monetary donations to various organizations in the community. One of the groups selected is the Roanoke County Police K-9 Unit. SUMMARY OF INFORMATION: The Police Department wants to purchase $1200.00 worth of equipment and supplies for the two K-9 officers and two K-9s. Due to current budgetary restrictions, without the funding provided by Wal-Mart, the K-9 Unit would not be able to purchase the additional supplies and equipment. At no time will members of the K-9 Unit be endorsing any Wal- Mart product or service. FISCAL IMPACT: Wal-Mart has provided $1200.00 in donated funds, with no matching funds required. The funds will be used to purchase equipment and supplies for the K-9 Unit. STAFF RECOMMENDATION: .~ ~'"~ The staff recommends acceptance of the Wal-Mart grant for $1200.00. SUBMITTED BY: APPROVED: ~ ~~~ J. Ray Lavinder Elmer C. Hodge Chief of Police County Administrator ------------------------------------------------------------------------------------------------------------------ ACTION VOTE No Yes Absent Approved (x) Motion by: H. Odell Minnix to approve Church _ x Denied () Flora _ x Received () McNamara- x Referred () Minnix _ x To () Nickens _ _ x File J. Ray Lavinder, Chief of Police Danial Morris, Director, Finance cc A-102202-4.d ACTION NO. ITEM NUMBER: ~ 5 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA AT THE ROANOKE COUNTY ADMINISTRATIVE CENTER MEETING DATE: October 22, 2002 AGENDA ITEM: Request to accept donation from the Vinton Moose Lodge in the amount of $250.00 for the purchase of equipment and supplies to outfit the two Roanoke County Police K-9 officers and their K-9 partners. COUNTY ADMINISTRATOR'S COMMENTS: BACKGROUND: The Roanoke County Police Department has utilized a K-9 Unit since the Police Department was created in 1990. The K-9 Unit has a successful track record of drug seizures, apprehension of offenders, location of missing children and endangered adults, and creating opportunities for positive public relations. The Vinton Moose Lodge has decided to make a donation of $250.00 to help in the operation of the K-9 Unit. SUMMARY OF INFORMATION: The Police Department wants to purchase $250.00 worth of equipment and supplies for the two K-9 officers and the two K-9s. Due to current budgetary restrictions, without the funding provided by the Vinton Moose Lodge, the K-9 Unit would not be able to purchase the additional supplies and equipment. At no time will members of the K-9 Unit be endorsing any Vinton Moose Lodge program or service. FISCAL IMPACT: The Vinton Moose Lodge has provided $250.00 in donated funds with no matching funds required. The funds will be used to purchase equipment and supplies for the K-9 Unit. S-5 STAFF RECOMMENDATION: The staff recommends acceptance of the Vinton Moose Lodge donation of $250.00 SUBMITTED BY: APPROVED: ~~~ J. Ray Lavinder Elmer C. Hodge Chief of Police -------------- County Administrator --------- ------------------------------------------------------------ ACTION ------------------------------- VOTE No Yes Absent Approved (x) Motion by: H. Odell Minnix to approve Church _ x _ Denied () Flora _ x Received () McNamara- x Referred () Minnix _ x To () Nickens _ _ x cc: File J. Ray Lavinder, Chief of Police Danial Morris, Director, Finance ACTION NO. ITEM NUMBER I~ - AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: October 22, 2002 AGENDA ITEM: Request for work session to discuss year-end financial report and state budget reductions COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: We are requesting a work session with the Board on November 5, 2002 to review the year- end financial reports and the state budget reductions. We are still working through the details with the State to determine the impact on the County. Additional information should be available by the November 5 meeting. Approved by: ~% f/~-~ Elmer C. Hodge County Administrator ACTION VOTE No. Yes Abs Approved () Motion by: Church _ Denied () Flora _ Received () McNamara- _ Referred () Minnix _ To () Nickens _ cc: File N -I GENERAL FUND UNAPPROPRIATED BALANCE COUNTY OF ROANOKE, VIRGINIA of General Amount Fund Revenues Unaudited Balance at June 30, 2002 $9,070,656 6.93% July 1, 2002 Explore Park Loan Repayment $25,000 Unaudited balance at October 22, 2002 $9,095,656 Changes below this line are for information and planning purposes only. Balance from above $9,095,656 6.9 $9,095,656 6. 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 2002 - 2003 General Fund Revenues $130,889,561 6.25% of General Fund Revenues $8,180,598 Respectfully submitted, Danial Morris Director of Finance Approved by, Elmer C. Hodge County Administrator ~ -a CAPITAL FUND UNAPPROPRIATED BALANCE COUNTY OF ROANOKE, VIRGINIA Amount Unaudited balance at June 30, 2002 Transfer from Dept. Savings 2001-02 Unaudited balance at October 22, 2002 $1,380,050.5 (to be determined) $1,380,050.57 Respectfully submitted, Approved by, ~.-~ ~~~- Danial Morris Elmer C. Hodge Director of Finance County Administrator N -3 RESERVE FOR BOARD CONTINGENCY COUNTY OF ROANOKE, VIRGINIA Amount From 2002-2003 Original Budget $ l 00,000.001 August 13, 2002 Special Assistant for Legislative Relations (18,0 Balance at October 22, 2002 $82,000. Respectfully submitted, Danial Morris Director of Finance Approved by, f-~~~-~- Elmer C. Hodge County Administrator N - ~I FUTURE SCHOOL CAPITAL RESERVE COUNTY OF ROANOKE, VIRGINIA Savings from 1996-1997 debt budget $670,000.00 Transfer from County Capital Projects Fund 1,113,043.00 FY1997-1998 Original budget appropriation 2,000,000.00 June 23, 1998 Savings from 1997-1998 debt fund 321,772.00 FY1998-1999 Original budget appropriation 2,000,000.00 FY1999-2000 Original budget appropriation 2,000,000 Less increase in debt service (1,219,855) 780,145.00 Nov 9, 1999 Savings from 1998-1999 debt fund 495,363.00 FY2000-2001 Original budget appropriation 2,000,000 Less increase in debt service (1,801,579) 198,421.00 FY 2001-2002 Original budget appropriation 2,000,000 Less increase in debt service (465,400) 1,534,600.00 FY 2002-2003 Original budget appropriation 2,000,000 Less increase in debt service (2,592,125) (592,125.00) Unaudited Balance at October 22, 2002 $8,521,219.00 Reserved for Future School Operations FY2000-2001 Original budget appropriation $1,500,000.00 July 11, 2000 SW Co Regional Stormwater (290,000.00) FY2001-2002 Original budget appropriation 1,500,000.00 July 1, 2001 School Budgeted Start-Up Costs HVHS/Glenva r Middle (1,858,135.00) July 1, 2002 One-Time Transfer to Operating Budget (566,818.00) Unaudited Balance at October 22, 2002 285,047.00 * Of this amount $197,280 is currently being used for the lease purchase of refuse vehicles and will be repaid within one year. Budgets for Future School Operations have been transferred to the School Respectfully submitted, Danial Morris Director of Finance Approved by, ~~~ Elmer C. Hodge County Administrator '. ACTION # ITEM NUMBER 1~-,~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMII~IISTRATION CENTER MEETING DATE: October 22 2002 AGENDA ITEM: Accounts Paid -September 2002 COUNTY ADMII~IISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Payments to Vendors: Payroll 9/13/02 Payroll 9127/02 Manual Checks Voids Direct Deposit $736,370.83 $720,025.71 Checks $161,845.36 $153,968.58 $5,621,000.85 898,216.19 873,994.29 0.00 $4,150.45 0.00 A detailed listing of the payments is on file with the Clerk to the Boazd of Supervisors. SUBMITTED BY: .~ Darual Moms Director of 1~ finance 4,150.45 0.00 $7,397,361.78 . '_ N -5 Approved ( ) ?denied ( ) Received ( ) Referred (, ) To ~ No Yes Abs Church Flora McNamara. 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ITEM NUMBER N "-1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER. MEETING DATE: October 22, 2002 AGENDA ITEMS: Statement of the Treasurer's Accountability per Investment and Portfolio Policy, as of September 30, 2002. SUMMARY OF INFORMATION: BANKERS ACCEPTANCE: MORGAN-KEEGAN 995,938.89 SUNTRUST CAP 297,050.00 1,292,988.89 CASH INVESTMENT:: ALEXANDER KEY -LIR 1,072,725.53 1,072,725.53 CERTIFICATE OF DEPOSITS: BRANCH BANKING & TRUST 1,000,000.00 SOUTHWEST VIRGINIA SAVINGS & LOAN 100,000.00 1,100,000.00 COMMERICAL PAPER: EVERGREEN - G.O. 2,244,442.54 SUNTRUST -CAP 2,035,701.63 4,280,144.17 CORPORATE BONDS EVERGREEN - G.O. 1,288,943.85 PAINE-WEBBER -LIR 213,706.67 1,502,650.52 GOVERNMENT: ALEXANDER KEY 9,017,250.00 ALEXANDER KEY -Sub Acct 3,935,385.00 EVERGREEN - G.O. 7,893,628.79 PAINE-WEBBER 1, 000, 000.00 SUNTRUST -CAP 9,549,206.57 31,395,470.36 LOCAL GOVT INVESTMENT POOL: GENERAL OPERATION (G.O.) 10,885,534.45 10,885,534.45 MONEY MARKET: ALEXANDER KEY -LIR 13,405,303.67 EVERGREEN - G.O. 73,788.27 FIRST UNION 2,277,532.89 ALEXANDER KEY -Sub Acct 303,549.65 Pg 1 of 2 ,~ N = 1 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: October 22, 2002 AGENDA ITEMS: Statement of the Treasurer's Accountability per Investment and Portfolio Policy, as of September 30, 2002. MONEY MARKET (continued): SUNTRUST -CAP 3,673,743.87 SUNTRUST -SWEEP 5,795,529.47 25,371,740.90 TOTAL 77, 058, 961.74 STAFF RECOMMENDATION: Respectful) Submitted by, AI d C. Anderson ¢3'ounty Treasurer Approved by: Elmer C. Hodge County Administrator ACTION Approved OMotion by: Denied ( ) Received ( ) Referred ( ) To () Church Flora McNamara Minnix Nickens Pg2of2 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: October 22, 2002 AGENDA ITEM: Report of Claims Activity for the Self-Insurance Program COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: In accordance with the Self-Insurance Program, Ordinance #61494-4, Section 2-86.C, attached is the Fiscal Year to Date claims activity and status report including the First Quarter that ended September 30, 2002. Attachment A -Auto, Attachment B -General Liability FISCAL IMPACT: None STAFF RECOMMENDATION: Respectfully submitted, Robert C. Jernigan Risk Manager Approved by, ~~,G'..,-risti, Elmer C. Hodge County Administrator ---------------------------------------------------------------------------------------------------------------------------------- ACII ON VOTE No. Yes Abs Approved () Motion by: Church _ _ Denied () Flora _ _ _ Received () McNamara _ _ Referred () Minnix _ To () Nickens cc: File _~ Z Q M (~D ~ N ~ N ~ (V ~ ~ O OOD_ M M M j ~ j, ~~ i ~ O O n. W ~ W vj W' O ~ ~ ~ O p ~ 0 ~ OOp b N Q ~ N ~. a G U O y o D N o U ~ a O N o D y 0 U y o U ~ a _ O _ ~ ~ ~_ -~ ~ _ ' ~ , - N O M ~ ~ i I W m ~ Z' 0 i"" W g o a ~ ~ U Q > 0 a > 0 a > 0 a > 0 a > 0 a > 0 Q J 0 ~ W y ~° t ~ y ~ .~ W N c f' O ~ j ~ ~ aLi i I ~ ~ i I ~ ~ N L O ~ ~ ~ p Y V J Q ~ > t ° 2 t E y ! _ F- U p ~ 2 ~ W U in ~ Z _ d 0 ~ _ L ~ ~ ~ ~~ ~ 2 `~ v 2 N U ~ ~ N U ~ > _V L o a ~ u. p ° 2 J ~ ~jJ O Z O (n ~ W w Q U a ~ 0 C V N ~ n. 0 C ~ N ~ o C O C_ y r O 0I C o v ~ C N 0 v ~ C N 0_ o C -p ~ I J Q U ~ ~ Q O U m U m E H y d f0 ~ IO ~ U m Q O J ~ Q w N ~ LL a ~` ~ - ° I U ~ ~ Y ~' ` u> ~ v - ~ m ,v_ - ° m i Z w ~ a o ~ a a > > in c n C7 -- - ~ Z -- Q Z N ~ ~ a U U ° o Q N O ~ 0 N O 0 N N 0 N 0 O ~ I ~ N N o N N o i i ~ i ~ ~ ~ W I ~ Q ~ M Q Q O J Z M U a In O M a O O M a r ~ ~ O O O _ 'cr O ~ I~ O N ~ x ~ ~ M a Q F'- ~ Q w N m m a tV' Z o °o o ,d. , m ~ ~ I ~ . ~ cD v a i ~ I I ~ - - ~ w aCOO ~ I ~ ~ ~ ~ W M ~ ~ W ~ ~ ~ N Fes- ° ~ N ° C ~- I N N U U O __. i O O N I ~ ~ O i i i ~ i p M W m ~ cq ~ Z o O o ~ i I ~ w ~ U g Q > U > U > _ a W ~ w ~ N °' ~ i W W N }} F- p ~ ~ ~I ~ ~ ~ it i I y a m m ~ o I I ~ l i ~ I ~I H I ~ ° J ° E °o ~ = ~ j w } J J ~ Q o ~ _ ~ F- ~ ' ~ ~ W v 3 ~ v_ ~ N W W O M C7 ~ ~ a > ~ a~ z ~ Z Q ~ ~ ~ ~ ~ lL J W O ~ cn m o ~ ~ m ~' a y ~ F- ~ r W ooc m m ~ m E ~ I j I ' Q I W . o v~ ° N m ~ j i ~ U J l9 Q~ H ~ H _ O a U ~- z _ ~ z N LL ~ w ~ ~ a ~. >. >. r a w = O 7 ~ ~ a Z Q W W o F- 0 o I ~ I i ii ~ i ~ ~I °2 U Q ~ O N ~ i ~. I ~~ i ~ ~ ~ ~~ Q O O O 1 i ~i I li ! I i _~ ~ l1a ... Q __ p o O ~ I ~ O ~ Q O U ~Z M a i ~ O ch a Q } a~ rn m a M0 C~p~' 1 I a ''c ~hh~ DEPARTMENT OF TRANSPORTATION 1401 EAST BROAD STREET RICHMOND, VIRGINIA 23219.2000 PHILIP A. SHUCET COMMISSIONER October 7, 2002 Mr. Elmer C. Hodge Roanoke County P. O. Box 29800 Roanoke, VA 24018-0798 Dear Mr. Hodge: The enclosed report contains a list of all changes to the Secondary System of State Highways in your county approved by the State Secondary Roads Engineer in September 2002. All additions to and abandonments from the Secondary System are effective the day they are approved by the State Secondary Roads Engineer. This date appears in the far right column of the monthly report. These changes will be presented to the Commonwealth Transportation Board at its monthly meeting on October 16, 2002. If you have any questions or comments about this report, please call Martin Law at 786-7399. James S. Givens , v'`x1.~ State Seconda l~a s Engineer ry JSG/MII ~ ~o, c~ ~~ VirginiaDOT.org WE KEEP VIRGINIA MOVING N ~ O '~ w G) + U ~ U ~ ~ O W V1 C 0 .~: O as y ~ ~ C 6> li . ~ F a~ as s. h ~ ~ ~ ao +.+ a w w O C ~ w b ~~ ~ u '~ O L a V d ~ ~ 0~ w w C ~, ~ y ~ ~ ~ o ~ ~ ~ z ~ U o ~ ~ O' ~ ~ ~ o oa o , 0.! U N O M O~ O~ M O N M O i O~ «~ w O wi ~ I O O 0 E~ 0 N .C-i ~F-i W O 0 0 V w a M 0 C C! ^O ', C'', CQ ~' ~i '', a U N O M O~ M O O O o, M e Y C~+ 3 a~ z 0 H o, M N 7 ~i b N b b O 0 ~. w o~ 0 0 N O M O~ 00 M O N O 7 w O wi O 0 0 E~ ~i N rCi W W O Q E 0 w o~ 0 a N O N O M O O ro Q U H 00 ~ i N 7 O U b 6 0 .. w O~ 0 N O r O~ N O M O O Q I a U 0 F~ 01 ~~+ O t. b E 0 w a, 00 0 O b ~ ~ U ii! on ~ 3 ~ N V o ~ h t~ O V1 '~ cd ~ cd ~ a ~ ~ N ~ ,~ ° F. > vi ~ ~ U ~ U ~ r~ r: ; " c Q ~ ~ N 3 ~ ~ w M ~' O o z N O O~ N O M O O O\ O~ N 0 a~ U Q 0 H 00 rn a~ 7 O ^N^ c~ 1-~ Y U E 0 w O~ 0 ^N a v x O O r ~ O~ O~ N N O O ~ ~ M M ~ ~ ~ ~ ~_ O O O 00 00 N 0 U ~~+ ~ Q U ~ H U 0 ~o F~ 00 0, 00 N ~_ 7 ~ O ~ O 4 `/ ^^L ~ {~ ~ ~ U U ~ Q~ ~ r~~11~~ V ~ ~ 0 0 ~. w w ~ ~ v°O. rn 0 0 ~ ~ N N b b a M O CQ .C bA C s U z C~ O F N -q j i d O U (noun#g of ~u~r~uke N - ~ o ~ r~ OQ R~AN~~F ~, , G F, jp Z :'ra G7 ~ 1r a? 1838 DECLARING THURSDAY, OCTOBER 3, 2002, AS SOUTHWEST VHZGINIA LIGHT THE NIGHT DAY AND OCTOBER 2002 AS LEUKEMIA & LYMPHOMA AWARENESS MONTH IN ROANOKE COUNTY WHEREAS, the Leukemia & Lymphoma Society is the world's largest private organization concerned solely with finding a cure for leukemia, lymphoma, Hodgkin's disease, and myeloma; and WHEREAS, the Society provides assistance and support programs for cancer survivors and their families to improve the quality of life; and WHEREAS, leukemia, lymphoma, Hodgkin's disease and myeloma are cancers of the body's blood forming immune systems, the bone marrow and lymph nodes, and are considered to be related cancers because they further involve the uncontrolled growth of cells with similar functions; and WHEREAS, staff and volunteers of the Society's fifty-seven chapters organize campaigns and special events to raise funds for and awareness of research and survivor services; and WHEREAS, October has been designated National Leukemia & Lymphoma Awareness Month; and WHEREAS, the Light the Night Walk is the Society's national evening walk fundraiser in which walkers carry illuminated balloons to celebrate and commemorate lives touched by cancer; and WHEREAS, the Southwest Virginia Light the Night Walk will be held on October 3, 2002, at the Vinton War Memorial with opening ceremonies beginning at 7 p.m. NOW, THEREFORE, I, Joseph B. "Butch" Church, Chairman of the Roanoke County Board of Supervisors, in support of the Leukemia & Lymphoma Society, do hereby proclaim Thursday, October 3, 2002, throughout the County of Roanoke, as SOUTHWEST VIRGINIA LIGHT THE NIGHT DAY; and FURTHER, do hereby proclaim October 2002 to be LEUKEMIA & LYMPHOMA AWARENESS MONTH in the County of Roanoke. ~a~, ~. C Joseph B. "Butch" Church, Chairman ~~~ Elmer C. Hodge, County Administrator Diane S. Childers . '.. 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: October 22, 2002 AGENDA ITEM: Work Session with Special Assistant for Legislative Relations to develop Legislative Program for 2003 session of the Virginia General Assembly COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The Board of Supervisors has scheduled this work session to meet with A. R. "Pete" Giesen, Jr., Special Assistant for Legislative Relations, to develop the County's Legislative Program for the 2003 session of the Virginia General Assembly. Due to the difficult fiscal situation confronting the Commonwealth, it may well be fruitless to recommend many of the legislative initiatives adopted by the Board in previous years (such as requesting more state funding for education, law enforcement, the constitutional officers, libraries, and social services.) Despite the bleak situation with the state budget, it is imperative that local government attempt to minimize the adverse affects of decisions made in Richmond. Staff recommends that the Board consider in its discussions with Mr. Giesen the following initiatives: 1. Authority for Roanoke County levy a tax on tobacco products (either through general law to grant this authority to all counties, or through an amendment to the Roanoke County Charter). Cities are authorized to impose this tax under their charters. The State Code allows only two counties, Fairfax and Arlington, to impose this tax and it is capped at 5 cents per pack. The City of Salem's 15- cent levy on cigarettes is estimated to generate $800,000 annually; Roanoke City's 17-cent levy generates $1.4 million annually; a 5-cent tax in Roanoke County is estimated to generate $200,000 annually. 2. Continued state funding for Explore Park. 3. Funding for school capital construction. 4. Funding for the "smart road" outside of VDOT funds allocated to the Salem district (approximately 35% of the funds allocated to the Salem district are used to pay for the "smart road." The "smart road" represents an economic benefit for the entire Commonwealth. Therefore, funds for the "smart road" should not come solely from this region's highway allocation.) ~-! Respectfully submitted: IY)~ 1V\ Paul M. Mahoney County Attorney Action Vote No Yes Abs Approved () Motion by Church Denied () Flora Received () McNamara Referred () Minnix to Nickens Q AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, OCTOBER 22, 2002 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 2.2-3712 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. ACTION NO. 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: October 22, 2002 AGENDA ITEM: Recognition of Carrie Metheny for earning the Girl Scout Gold Award for the History of Cave Spring and presentation to the Board COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Ms. Carrie Leigh Metheny, who has been a Girl Scout for 11 years, is a recent graduate of Cave Spring High School and currently attends Virginia Western Community College. Her Girl Scout leaders were Helen Barrier and Mary Metheny. Barbara Duerk served as her Gold Award Advisor. The Girl Scout Gold Award is the highest award that a Senior Girl Scout may receive. It is earned by fulfilling requirements that recognize commitment to excellence and development of leadership skills and personal values to meet present and future challenges in life. To earn the Gold Award, leadership abilities must be proven by designing and carrying out a plan of activities that include community service, career exploration and specialized interest projects. Ms. Metheny has lived in Cave Spring all her life and became aware of the spring and its location through a newspaper article in The Roanoke Times. After speaking with the landowners, she realized that many people were curious about the namesake for this section of the County. She decided to research, record and construct a display on the history of Cave Spring as her community service project. Ms. Metheny's Gold Award service project involved over 50 hours of work that included research about the spring, the surrounding area, and creation of a display. She obtained information from the History Museum and Historical Society of Western Virginia, the Virginia Room of the Roanoke City Public Library and the Historic Preservation Society. The owners of the spring, Tom and Teresa Spraker, 4410 Cave Spring Road, S.W., were also involved with the project. The display will be placed at the spring so citizens of the area will know about the history of this section of the County. An additional display is planned for the Kroger- Cave Spring store. Ms. Metheny is hoping that people with first-hand accounts of activities at the spring will share their information so it can be compiled for historical purposes. Ms. Metheny plans to attend the Board meeting to present the Board with a framed copy of the display that will be placed at the Cave Spring. Attending with her will Mary Metheny, her mother; Barbara Duerk, Gold Award Advisor; and some of her fellow Girl Scouts. Approved by: ~ /~~~-~- Elmer C. Hodge County Administrator ------------------------------------------------ ACTION Approved ( )Motion by Denied ( ) Received ( ) Referred ( ) To ( ) cc: File VOTE No Yes Absent Church Flora McNamara Minnix Nickens 2 ~A,~~~~ u~ ~.o~~~~~ CERTIFICATE OF RECOGNITION AWARDED TO Carrie 1Hathen y for earning her Girl Scout Gold Award > Ms. Matheny has been a Girl Scout for 11 years, is a graduate of Cave Spring High School, and is attending Virginia Western Community College. > Ms. Matheny has earned the Girl Scout Gold Award, the highest award that a Girl Scout may receive. > Ms. Matheny spent over 50 hours involved in her community service protect for this award which was to research, record and construct a display on the history of Cave Spring. > We, the Board of Supervisors of Roanoke County, Virginia, wish to congratulate Ms. Matheny for her accomplishment and express appreciation for her generous gift of the History of the Cave Spring. ATTEST: ,, ~' ~~~ Diane S. Childers, Clerk Presented this 22th day of October, 2002 C~~ ~ ~~~~ ~C" ~ JosepJ~,.~. "Butch" Church, Chairman Joseph McNamara, Vice-Chairman . ~..~.... ~ G .~ k.~, Richard C. Flora H. Odel]. "Fuzzy" innix Harry C. Nickens 1 PETITIONER: McNeil Asphalt CASE NUMBER: 15-7/2002 Planning Commission Hearing Date: October 1, 2002 (Continued from July 2, 2002) Board of Supervisors Hearing Date: October 22, 2002 (Continued from July 23, 2002) A. REQUEST The petition of McNeil Asphalt to amend conditions on a Special Use Permit to operate a construction yard on 2.62 acres located on 7210 Franklin Road_ ,Cave Spring Magisterial District. (Petition withdrawn by request of the petitioner) B. CITIZEN COMMENTS C. SUMMARY OF COMMISSION DISCUSSION D. CONDITIONS E. COMMISSION ACTION(S) F. DISSENTING PERSPECTIVE G. ATTACHMENTS: _ Concept Plan _ Vicinity Map _ Staff Report _ Other Janet Scheid Roanoke County Planning Commission s-i 1 5-i LAW OFFICES OSTERHOUDT, PRILLAMAN, MATT, HELSCHER, POST, MAXWELL & FERGUSON, PLC Edward A. Natt Please reply to: P. O. Box 20487 Roanoke, VA 24018 Direct: (540) 725-8180 Fax: (540)772-0126 E-mail: enatt@opnlaw.com 3812 ELECTRIC ROAD, S.W. P. O. BOX 20487 ROANOKE, VIRGINIA 240 18 - 0049 (540) 989-0000 FAX (540) 772-0128 September 19, 2002 SALEM. VIRGINIA'i41.53 P. O. sox 279 l05 N. COLORADO STREET' ('540) 3f39-2349 FAX (540) 389-95H0 Department of Planning and Zoning County of Roanoke F. O. Box 2980G Roanoke, VA 24018 Re: McNeil Asphalt Maintenance, Inc. Gentlemen: Please be advised that, as a result of the letter of September 13, 2002, from David Holladay, Zoning Administrator and Senior Planner, indicating that the improvements made at the subject property bring the owner into compliance with the special use permit granted by Ordinance No. 52395-15, we hereby officially withdraw the pending request before the Planning Commission and Board of Supervisors. Should you need anything further, please advise. Very truly yours, OSTERHOUDT, PRILLAMAN, NATT, HELSCHER, YOST, MAXWELL & FERGUSON, P.L.C. Edward A. Natt EAN/csb pc (w/enc.): Mr. Kenneth McNeil McNeil Asphalt Maintenance, Inc. P. O. Box 20268 Roanoke, VA 24018 s-a PETITIONER: Cotton Hill Land Company, LC CASE NUMBER: 23-10/2002 Planning Commission Hearing Date: November 5, 2002 (continued from October 1, 2002) Board of Supervisors Hearing Date: November 19, 2002 (continued from October 22, 2002) A. REQUEST The petition of Cotton Hill Land Company, LC to Rezone 22.743 acres from AR Agricultural Residental District to R-1 Low Density Residental District for a development of single family housing located at Virginia Secondary Route 688 (Cotton Hill Road) and Raintree Road, Cave Spring Magisterial District. (Petition has been continued by request of the Planning Commission) B. CITIZEN COMMENTS C. SUMMARY OF COMMISSION DISCUSSION D. CONDITIONS E. COMMISSION ACTION(S) Mr. Witt made the motion to continue the petition of Cotton Hill Land Co., LC due to lack of information provided by the petitioner and the fact that the public notice signs were not placed on the property by the petitioner as required by Section 30-14-3 of the Roanoke County Zoning Ordinance. Mr. Witt specifically requested information on number of housing lots, placement of lots in regard to Cotton Hill Road, access to the property, information on new subdivision roads, etc. The motion to continue this public hearing until November 5, 2002 carried unanimously. Motion carried 5-0. F. DISSENTING PERSPECTIVE None. G. ATTACHMENTS: _ Concept Plan _ Vicinity Map _ Staff Report _ Other Janet Scheid, Secretary Roanoke County Planning Commission -~ County of Roanoke For Staff Use On1v _ Community Development Date received: Received by: Planning & Zoning r 5204 Bernard Drive Application Fee: I PCIBZA date: P O Box 29800 Roanoke, VA 24018-0798 placards issued: I BOS dace: (540) 772-2068 FAX (540) 772-2108 Case Yumber ~~ '~s~r r ~pprrr~a u~r~ ~~ Check type of application filed (check all that apply) Q Rezoning O Special Use ~ Variance CDh(i'AICi' : Q,~NARD A. NATT, 3 912 ELECIR 1 C F~J-AD, RlaANOK~, VA 2 4018 72 5-818 n hone• Applicants nameJaddress w/zip Cotton Hill Land Company, LC 772-0126 c/o Steve Strauss, P. O. Box 20287 Fax No. Roanoke VA 24018 Owner's name/address w/zip Phone: Same as above Fax No. Property Location Magisterial District: Cave S r i Va. Sec. Rte. 688 and Ra i ntree Road Community Planning area: ..Back Creek Tax Nlap No.: 096.02-01-33 Existin Zonin g g~ AR (A,rricultura.l Residen i Size of parcel(s): Acres: 22, 743 - Existing Land Use: vacant ,._ _ i ~` ,R.EZUNI~VG %LVD SPECI_=1l f,~S~E PERtiIIT _4PPLIC.~1~V7'S (R'Sl Proposed Zoning: R1 (Low Density Res i dent i a 1) Proposed Land tise: residential - s i l e-fami 1 Does the parcel meet the minimum lot area, width, and frontage requirements of the requested district? Yes ~ No O IF NO, A VARIANCE IS REQUIItED FIl2ST. Does the parcel meet the minimum criteria for the requested Use Type? Yes ~ No ~ IF NO, A VARIANCE IS REQUIItED FIRST If rezoning request, are conditions being proffered with this request? Yes ~' No 0 i ,~: GriRI~NCE ~PPLICA.~<TS (~~ Variance of Section(s) of the Roanoke County Zoning Ordinance in order to: Is the application complete? Please check if enclosed. APPLICATION WII:L NOT BE ACCEPTED IF ANY OF THESE ITEMS ARE NIISSING OR INCOIVIPLETE. V ~- VV , R V X Consultation I I ~ S 1/2" x 11" concept plan .Application fee X ~ Application lvietes and bounds description ~ ~~ ~ ~ Proffers, if applicable X ~ Justifcation Water and sewer application I-~! ~ 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. ~~L~ ~ ~ ~' ~ ~ ~ l.a~~ ~t,L3t, Owner's Signature ~o.~....~ C.~..-per , ~- ~ ,iCJST~'I'~,:~.q'ION FCR PIEZONING OR 5P~`CIAI. LiSE PGi21~;~`~' RE(21~5 5-a Applicant Cotton Hill Land Company, L.C. "~.e Planning Commission will study rezoning and special use permit requests to determine the need and justification for the range in terms of public health, safety, and general welfare. Please answer the following questions as thoraug'niy 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 zoning of land in the subject area is basically single family residential. The entire area has been developed as a close-knit corrrr~unity of single family homes. The proposed zoning adds to this existing use in this area. Please explain how the project conforms to the general guidelines and policies contained in the Roanoke County Community Plan. The guidelines and policies in the County's Comprehensive Plan call for appropriate uses of property so that they fit into a community. The use of the subject property as single family residential will continue the development of the subject area as single family residential. Appropriate utilities are available for the development. The 1998 Comprehensive Plan for Roanoke County designates this property as development. Single family residential development, in a variety of formats, is strongly recommended in the development area. Thus, the single family residential zoning is a most appropriate zoning for this use. 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. The physical impact on the adjoining properties wil! be minimal as the development will continue the single family residential growth in the area. Public utilities and facilities in the area have been and are being developed to serve the property. Therefore, no negative impact is expected from the development of the property as single family residential. •~ Address of Subject Property: Situate along Virginia Secondary Route 688 and Raintree Road, Cave Spring Magisterial District, Roanoke County, Virginia Tax Map No.: 096.02-01-33 ApplicantlOwner's Name: Cotton Hill Land Company, L.C. LEGAL DESCRIPTION All that cer#ain parcel of land situate in the County of Roanoke, Virginia: BEGINNING at a point at the northwest corner of the property of Ton K. Ayers (D.B. 1416, PG. 1692 -Tax #96.02-1-30) on the northeasterly side of Sylvan Road (VA. SEC. RTE. #888); thence N 32° 48' 00" W 732 feet to a point; thence N 47° 17' 00" E 178.50 feet to a point; thence N 86° 00' 00" E 245 feet to a point; thence N 38° 49' 00" E 350.40 feet to a point in Cotton Hill Road (VA. SEC. RTE. 688); thence with the same S b9° 21' 25" E 391.47 feet to a point; S 51° 11' 25" E 350 feet to a point; thence S 39° 00' 25" E 353.11 feet to a point; thence leaving Cotton Hill Road (VA. SEC. RTE. 688) the following courses and distances: S 62° 10' 46" W 442.87 feet to a point; thence S O1° 12' 43" W 322.22 feet to a point; thence S 76° 57' 28" W 250.66 feet to a point; thence N 65° 26' 31" W 458.79 feet to the place of BEGINNING and being designated as New Tract 1, containing 22.743 acres as shown on the "Plat Showing The Subdivision of 27.668 acres Property of Nlary M. Helvestine & The Dorothy W. 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LC DEPARTMENT OF Zoning: Existing C2, Proposed Zoning R 1 COMMUNITY DEVELOPMENT Tax Map No. 96.02-1-33 ~ ~ S- AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, OCTOBER 22, 2002 ORDINANCE 102202-5 TO VACATE A 50' PUBLIC RIGHT-OF-WAY LYING BETWEEN LOTS 57 AND 58, PORTIONS OF 15' PUBLIC UTILITY EASEMENTS ON LOTS 57 AND 58, A 40' DRAINAGE EASEMENT ON LOT 57, AND A PORTION OF A 20' DRAINAGE EASEMENT ON LOTS 59 AND 60, ON THE PLAT OF PHASE 1, STONEGATE SUBDIVISION, RECORDED IN PLAT BOOK 24, PAGE 35 (ROANOKE COUNTY) AND PLAT BOOK 24, PAGES 1-3 (BOTETOURT COUNTY), LOCATED IN THE HOLLINS MAGISTERIAL DISTRICT WHEREAS, by subdivision plat for `PHASE 1, STONEGATE', dated May 2, 2000, revised January 17, 2001, and of record in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Plat Book 24, page 35, and of record in the Clerk's Office of the Circuit Court of Botetourt County, Virginia, in Plat Book 24, pages 1-3, the developer, Stonegate Properties, LLC, dedicated and created a 50' "FUTURE ROAD" lying between Lots 57 and 58, a "15' PUE" [public utility easement] on Lots 57 and 58, a "NEW 40' D.E." [drainage easement] on Lot 57 and a "NEW 20' DE" [drainage easement] on Lots 59 and 60; and, WHEREAS, in connection with the development of Phase 2 of Stonegate, and re- subdivision of some of the lots in Phase 1, the Petitioner-Developer, Stonegate Properties, LLC, has requested that all or portions of said easements and right-of-way, as shown on Exhibit A attached hereto, be vacated pursuant to §15.2-2272.2 of the Code of Virginia (1950, as amended); and, WHEREAS, alternative easements and right-of-way are to be dedicated and created by the subdivision plat for Phase 2 of Stonegate; and, 1 WHEREAS, these vacations will not involve any cost to the County, will not interfere with the provision of public services, and have been approved by the affected County departments; and, WHEREAS, notice has been given as required by § 15.2-2204 of the Code of Virginia (1950, as amended); the first reading of this ordinance was held on October 8, 2002, and the public hearing and second reading of this ordinance was held on October 22, 2002. NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the "EX. 'FUTURE STREET' (TO BE VACATED)", fifty feet (50') in width, shown blocked on Exhibit A attached hereto, said right-of-way being in the Hollins Magisterial District and having been dedicated and created as "FUTURE ROAD" lying between Lots 57 and 58 (Tax Map Nos. 28.10-2-7 and 28.10-2-6) on the subdivision plat for `PHASE 1, STONEGATE', dated May 2, 2000, revised January 17, 2001, and of record in the aforesaid Clerk's Office in Plat Book 24, page 35, (Roanoke County), and in Plat Book 24, page 1-3, (Botetourt County), be, and hereby is, vacated and closed pursuant to Section 15.2-2272 of the Code of Virginia (1950, as amended), subject to subject to the conditions specified in this ordinance and to the following: a. That fee simple title to the vacated areas of land shall vest as provided by law and shall be added and combined to the adjacent properties, in compliance with the Roanoke County Subdivision and Zoning Ordinances, and other applicable laws and regulations. 2. That the "PORTION OF EX. 15' P.U.E., P.B. 24, PG. 35 (ROA.), P.B. 24, PG(S) 1-3 (BOT.) (TO BE VACATED)" on Lot 57 (Tax Map No. 28.10-2-7) and Lot 58 2 (Tax Map No. 28.10-2-6), shown cross-hatched on Exhibit A attached hereto, the "EX. 40' D.E., P.B. 24, PG. 35 (ROA.), PB. 24, PG(S) 1-3 (BOT.) (TO BE VACATED)", on Lot 57 (Tax Map No. 28.10-2-7), shown hatched on Exhibit A attached hereto, and the portion lying within Roanoke County of the "EX 20' D.E. P.B. 24, PG. 35 (ROA.), PB. 24, PG(S) 1-3 (BOT.) TO BE VACATED", on Lot 59 (Tax Map No. 28.10-2-5) and Lot 60 (Tax Map No. 28.10-2-4), shown hatched on Exhibit A attached hereto, said easements having been dedicated and created as "15' PUE" [public utility easement], "NEW 40' D.E." [drainage easement], and "NEW 20' DE" on the subdivision plat for 'PHASE 1, STONEGATE', dated May 2, 2000, revised January 17, 2001, and of record in the aforesaid Clerk's Office in Plat Book 24, page 35, (Hollins Magisterial District, Roanoke County), and in Plat Book 24, page 1-3, (Botetourt County), be, and hereby are, vacated pursuant to Section 15.2-2272 of the Code of Virginia (1950, as amended), subject to the conditions specified in this ordinance. 3. That all costs and expenses associated herewith, including but not limited to publication, survey and recordation costs, shall be the responsibility of the Petitioner, Stonegate Properties, LLC. 4. That the County Administrator or any Assistant County Administrator is hereby authorized to execute such documents and take such actions as may be necessary to accomplish the provisions of this ordinance, all of which shall be on form approved by the County Attorney. 5. 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 3 Circuit Court of Roanoke County, Virginia, and in the Clerk's Office of the Circuit Court of Botetourt County, Virginia, in accordance with § 15.2-2272.2 of the Code of Virginia (1950, as amended). On motion of Supervisor Flora to adopt the Ordinance, and carried by the following recorded vote: AYES: Supervisors Flora, McNamara, Minnix, Church NAYS: None ABSENT: Supervisor Nickens A COPY TESTE: ,~~ .l ~1L Diane S. Childers Clerk to the Board of Supervisors cc: File Arnold Covey, Director, Community Development Gary Robertson, Director, Utility Paul C. Mahoney, County Attorney 4 • • • G 9 °` ' a ~' a ~O~ N ~~~ n~0 z z a N m °J m ~ ~~ ~~~ 0~~, ~ ~ m ~ ~-a ~[~T7~ 3 ~~~ a ~ ~n ~- o ._., ne ~m ~~ o g g Y Cr7 ~_ N V °~~ ~~, n n v, o a o o ~I D ~ ~ m, ~ ~ m V r O T N O 0 N a N O m C o ~ ~O N_ m ~ ~ ~ I1~ N ~ o ~ o ~ ~ ~ O C y~a~~~o ~ ~ ~ n ~ a ^~ I ~ ~ ~ ~ ~ ~ C ~ ~ ~ a ~ ~ ~ ti Y Z ~ ~ ~ y Z~ ti ~ ~ ~ ~i~ a ~~ ~_ ~_--___ ~'-- _ ~ "' J :d ~-.. (- --~ -- +: ~ zo` o. ~-~ -e ~^y t`v r~ (~ u, ~ `• ^ ~ 1 O ;U- M ~y;~ I1RAlNAGE EASEMENT TO 8E VACATED PUBLlC U]i1~ITY EASEMENT TO BE VACATED ® FUTURE STREET" R(GNT-OF--WAY TO 8E VACATED ° ~~~~~, ~ ~ ~ o ~ m C ~ ~ ~ ~ a ~ ~ I k ~_s ~ Fb~rh . n y '" O~ ~ c~a~~ ~' © t ` o ~ ~ O / Ca "~ ~ ~\ I ~ ~ \ ~ ~ ~~ ~ ~~~"~~~~~~~~~~~~~~~~~~ l~ ~ ~:r ~ -_. -._. ~ A~-~d C~p4~ ~m ~ /~ -f4 m / ~ ~ ~ 'b Cw q ~..,~'. 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O ~m ~= h~ O d r~*1 '*~ EXHIBIT "A" ACTION NUMBER ITEM NUMBER S - 7J AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: October 22, 2002 AGENDA ITEM: ORDINANCE TO VACATE A 50-FOOT PUBLIC RIGHT OF WAY, 20- FOOT DRAINAGE EASEMENT, 40-FOOT DRAINAGE EASEMENT AND PORTIONS OF 15-FOOT PUBLIC UTILITY EASEMENT RECORDED IN PLAT BOOK 24, PAGE 35, STONEGATE -PHASE 1, LOCATED IN HOLLINS MAGISTERIAL DISTRICT (SHOWN ON ATTACHED MAP). COUNTY ADMINISTRATOR'S COMMENTS: EXECUTIVE SUMMARY: This is the second reading of the proposed ordinance to vacate a 50-foot public right of way, 20-foot drainage easement, 40-foot drainage easement and portions of 15-foot public utility easement (Plat Book 24, Page 35) ,Stonegate -Phase 1. BACKGROUND: By plat of subdivision of February 26, 2001, recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, Plat Book 24, Page 35, Stonegate Properties, LLC, as owner ofStonegate -Phase 1 conveyed to the Board of Supervisors of Roanoke County a 50-foot public right of way, 20-foot drainage easement, 40-foot drainage easement and portions of 15-foot public utility easement situated along Stoneledge Drive. SUMMARY OF INFORMATION: The petitioner, Stonegate Properties, LLC, are the current owners of the properties over which the above described right of way and easements are located, said properties being Lot 60 (Tax Map No. 28.10-2-4), Lot 59 (Tax Map No. 28.10-2-5), Lot 58 (Tax Map No. 28.10-2-6).and Lot 7 (Tax Map No. 28.10-2-7), being situated along Stoneledge Drive. Stonegate Properties, LLC, have requested that the Board of Supervisors vacate the public right of way and easements described above, and as shown on Exhibit "A" attached, in order to allow the resubdivision of the properties. 1 5-3 Roanoke County staff has received no objections to this petition and requests that the described public right of way and easements shown on the attached map (Exhibit "A") be vacated. The public right of way to be vacated in accordance with Chapter 22, Title 15.2- 2272(2), Code of Virginia 1950, as amended. FISCAL IMPACT: All costs associated with the adoption of this ordinance will be the responsibility of Stonegate Properties, LLC. ALTERNATIVES: 1. The Board of Supervisors approve the second reading of this Ordinance to vacate a 50- foot public right of way, 20-foot drainage easement, 40-foot drainage easement and portions of 15-foot public utility easement, as shown on Attachment A. 2. The Board of Supervisors declines this request. STAFF RECOMMENDATION: Staff recommends that the Board approve alternative 1. SUBMITTED BY: APPROVED BY: ~ ~~a~~ Arnold Covey, Director Elmer C. Hodge Department of Community Development County Administrator Approved ( ) Denied ( ) Received ( ) Referred ( ) To ( ) ACTION Motion by: cc: Paul Mahoney, County Attorney Arnold Covey, Director, Community VOTE No Yes Abs Church Flora McNamara Minnix Nickens 2 A ~ ~ D ~ A N O <°~ C1 `~° ~ ~ z O a y '. N rn ° C 'rT1 CTJ ~" 1 ~ rn O ~ ~ s 0~~: r~ m ~~~ ~~~ ~ ~~~ U a ~ ~~ o '^' ~~7 `~'~ c m "G ogo aCi7 N V ~A~ ~~. oN, St !'1 !il !'~ !'l !'1 O ~ k a ^C a~~~~~o a a ~~~~~az~O~, lo~"'~^~~~y ~~ ~ ~a~ O ~ I ~~nn1 R1~~p~ ~a~a~~~Z ~~y~~y~~ y Z ~ ~ /~ ~ o p ~ r m rn m ~ 1. .! ~ N ~ n ~'sF0 Y@; N O N O N a i rn c m C b C N O m li O _ N n o II N `.~ N ~ d ~ ~ N ~. ~. ~~ ~z m r.~ '~'~ ~ ~- f- ~- --~- -- DRA/NAGE EASEMENT TO 8E VACATED .,. ++ ~ *wi a .. d ~ PUeUC UTILITY EASEMENT TO BE VACATED ® FUTURE STREET" RIGKT-OF--WAY TO BE VACA7I=D ~ ~ ~~ti` ~ q~ ~ m F;~~~~~, a ~m • b~' X 7~C 0 ya~'a~S,~a Rt.~ ~~a ~ ~ ~ - ~ Q W G7 C: ~ ~Z O ~ [ ~ ! rn o y ~ s,. ) -~ C / ~\\ _~ `- ~--- I< ~ O~'OX ~~ ~ ~ A ~ a~..op a ~ ~ m - b ~ C~ir W ~\ 4 ~rn~_ `~. ~~ ~~~~ ~I ~r*P1EYo-' 10' D.E I ~~ ~~ FF -rT~4^ ~ I]} to ~ f'1 ~ ~' ~ I i `' k o~ ~ o IN to ~_ a t - x o / ~ UTURE SIRE! 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Ca r i i A ~ ~ Ul to nr n~ ~ ~ ~ r ~h 4N C'3 „~H CJ Cfl "; CL+ "~ ~ ~ y Cam] ~~ ~~ a in .~, ~n 0 ~~ ~~ b og o "' m~ EXHIBIT "A" ~-3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, OCTOBER 22, 2002 ORDINANCE TO VACATE A 50' PUBLIC RIGHT-OF-WAY LYING BETWEEN LOTS 57 AND 58, PORTIONS OF 15' PUBLIC UTILITY EASEMENTS ON LOTS 57 AND 58, A 40' DRAINAGE EASEMENT ON LOT 57, AND A PORTION OF A 20' DRAINAGE EASEMENT ON LOTS 59 AND 60, ON THE PLAT OF PHASE 1, STONEGATE SUBDIVISION, RECORDED 1NPLAT BOOK 24, PAGE 35 (ROANOKE COUNTY) AND PLAT BOOK 24, PAGES 1-3 (BOTETOURT COUNTY), LOCATED IN THE HOLLINS MAGISTERIAL DISTRICT WHEREAS, by subdivision plat for `PHASE 1, sTO~GATE', dated May 2, 2000, revised January 17, 2001, and of record in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Plat Book 24, page 35, and of record in the Clerk's Office of the Circuit Court of Botetourt County, Virginia, in Plat Book 24, pages 1-3, the developer, Stonegate Properties, LLC, dedicated and created a 50' "FUTURE ROAD" lying between Lots 57 and 58, a "15' PUE" [public utility easement] on Lots 57 and 58, a "NEW 40' D.E." [drainage easement] on Lot 57 and a "NEW 20' DE" [drainage easement] on Lots 59 and 60; and, WHEREAS, in connection with the development of Phase 2 of Stonegate, and re-subdivision of some of the lots in Phase 1, the Petitioner-Developer, Stonegate Properties, LLC, has requested that all or portions of said easements and right-of--way, as shown on Exhibit A attached hereto, be vacated pursuant to §15.2-2272.2 of the Code of Virginia (1950, as amended); and, WHEREAS, alternative easements and right-of--way are to be dedicated and created by the subdivision plat for Phase 2 of Stonegate; and, WHEREAS, these vacations will not involve any cost to the County, will not interfere with the provision of public services, and have been approved by the affected County departments; and, 1 " J WHEREAS, notice has been given as required by § 15.2-2204 of the Code of Virginia (1950, as amended); the first reading of this ordinance was held on October 8, 2002, and the public hearing and second reading of this ordinance was held on October 22, 2002. NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the "EX. `FUTURE STREET' (TO BE VACATED)", fifty feet (50') in width, shown blocked on Exhibit A attached hereto, said right-of--way being in the Hollins Magisterial District and having been dedicated and created as "FUTURE ROAD" lying between Lots 57 and 58 (Tax Map Nos. 28.10-2-7 and 28.10-2-6) on the subdivision plat for `PxasE 1, sTOrr~GATE', dated May 2, 2000, revised January 17, 2001, and of record in the aforesaid Clerk's Office in Plat Book 24, page 35, (Roanoke County), and in Plat Book 24, page 1-3, (Botetourt County), be, and hereby is, vacated and closed pursuant to Section 15.2-2272 of the Code of Virginia (1950, as amended), subject to subject to the conditions specified in this ordinance and to the following: a. That fee simple title to the vacated areas of land shall vest as provided by law and shall be added and combined to the adjacent properties, in compliance with the Roanoke County Subdivision and Zoning Ordinances, and other applicable laws and regulations. 2. That the "PORTION OF EX. 15' P.U.E., P.B. 24, PG. 35 (ROA.), P.B. 24, PG(S) 1-3 (BOT.) (TO BE VACATED)" on Lot 57 (Tax Map No. 28.10-2-7) and Lot 58 (Tax Map No. 28.10-2-6), shown cross-hatched on Exhibit A attached hereto, the "EX. 40' D.E., P.B. 24, PG. 35 (ROA.), PB. 24, PG(S) 1-3 (BOT.) (TO BE VACATED)", on Lot 57 (Tax Map No. 28.10-2-7), shown hatched on Exhibit A attached hereto, and the portion lying within Roanoke County of the "EX 20' D.E. P.B. 24, PG. 35 (ROA.), PB. 24, PG(S) 1-3 (BOT.) TO BE VACATED", on Lot 59 2 ~-3 (Tax Map No. 28.10-2-5) and Lot 60 (Tax Map No. 28.10-2-4), shown hatched on Exhibit A attached hereto, said easements having been dedicated and created as "15' PiJE" [public utility easement], "NEW 40' D.E." [drainage easement], and "NEW 20' DE" on the subdivision plat for `PHASE 1, sTOrr~GATE', dated May 2, 2000, revised January 17, 2001, and of record in the aforesaid Clerk's Office in Plat Book 24, page 35, (Hollins Magisterial District, Roanoke County), and in Plat Book 24, page 1-3, (Botetourt County), be, and hereby are, vacated pursuant to Section 15.2-2272 of the Code of Virginia (1950, as amended), subject to the conditions specified in this ordinance. 3. That all costs and expenses associated herewith, including but not limited to publication, survey and recordation costs, shall be the responsibility of the Petitioner, Stonegate Properties, LLC. 4. That the County Administrator or any Assistant County Administrator is hereby authorized to execute such documents and take such actions as may be necessary to accomplish the provisions of this ordinance, all of which shall be on form approved by the County Attorney. 5. 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, and in the Clerk's Office of the Circuit Court of Botetourt County, Virginia, in accordance with ~ 15.2-2272.2 of the Code of Virginia (1950, as amended). 3 o~ aoaNO~.~ •~ J a2 ~-i~~~L ~~ ~~ ~~~~~~ rasa Board of Supervisors P.O. BOX 29800 5204 BERNARD DRIVE ROANOKE, VA 24018-0798 Joseph B. "Butch" Church, Chairman Richard C. Flora Catawba Magisterial District Hollins Magisterial District Joseph McNamara, Vice-Chairman H. Odell "Fuzzy" Minnix Windsor Hills Magisterial District Cave Spring Magisterial District Harry C. Nickens Vinton Magisterial District October 23, 2002 Reverend Tom Cribb Bethel Baptist Church 1601 Colorado Street Salem, VA 24153 Dear Reverend Cribb: On behalf of the Board of Supervisors, I would like to thank you for offering the invocation at our meeting on Tuesday, October 22, 2002. We believe it is most important to ask for divine guidance at these meetings, and the Board is very grateful for your contribution. We appreciate very much your being able to attend our meeting at Reverend Crim's request when he could not be with us. We would like very much to ask you to come back again in the future. Thank you again for sharing your time and your words with us. It was good to have you with us. With kindest regards, Joseph B. "Butch" Church, Chairman Roanoke County Board of Supervisors cc: Rev. Darryl Crim North Roanoke Baptist Church OFFICE: FAX: VOICE MAIL: E-MAIL: (540) 772-2005 (540) 772-2193 (540) 772-2170 bos@co.roanoke.va.us ;Diane Childers -Minister From: Elizabeth Atkinson To: Brenda Holton; Diane Childers Date: 10/22/02 9:37AM Subject: Minister Page 1 I just received a call from the secretary from North Roanoke Baptist Church. Rev. Crim has a funeral this afternoon, and has asked Rev. Tom Cribb, the pastor from Bethel Baptist Church, to substitute for him this afternoon. Elizabeth J. Atkinson Office of Management & Budget County of Roanoke (540) 772-2178 eatkinson@co.roanoke.va.us __~.. Dian~+Childers - Re: Arts & Humanities Month T ~ Page 1 t From: "Susan Jennings" <director@theartscouncil.org> To: "Diane Childers" <DCHILDERS@co.roanoke.va.us> Date: 10/1 /02 12:12PM Subject: Re: Arts & Humanities Month Diane: I will be out of town on the 8th so how about the 22nd at 3 PM? Do I need to do anything else as far as preparing the resolution? Susan ----- Original Message ----- From: "Diane Childers" <DCHILDERS@co.roanoke.va.us> To: <director@theartscouncil.org> Cc: "Brenda Holton" <BHOLTON@co.roanoke.va.us> Sent: Sunday, September 29, 2002 3:31 PM Subject: Arts & Humanities Month > Susan, > Our first meeting will be on October 8 at 3:00 p.m. if you would like to > attend. Please let me know if this is convenient. If not, our second meeting > will be on October 22 and we could present the proclamation at either the 3:00 > or 7:00 session. > Thanks Susan and I look forward to hearing from you. > Diane S. Childers > Clerk to the Board > County of Roanoke > E-mail: dchilders@co.roanoke.va.us > Phone: (540) 772-2003 > Fax: (540) 772-2193 > »> "Susan Jennings" <director@theartscouncil.org> 09/24/02 09:34AM »> > HI Diane: > Every year in October I attend a Board of Supervisors meeting and they pass a > proclamation declaring Oct. Arts & Humanities Month.(I do the same in Salem and > Roanoke City) I have attached a copy of a draft resolution. Please advise as > to when it might be a convenient date for me to do this for 2002! > Thanks, > Susan . ~ NATIONAL ARTS AND HUMANITIES MONTH OCTOBER 2002 Whereas, the month of October has been recognized as National Arts and Humanities Month by thousands of arts and cultural organizations; communities, and states across the nation as well as by the White House and Congress for several years; Whereas, the arts and humanities embody much of the accumulated wisdom, intellect, and imagination of humankind; Whereas, the arts and humanities enhance and enrich the lives of every American; Whereas, arts education research findings suggest the following: The arts help close the achievement gap, especially among disadvantaged youth. The arts improve the academic skills essential for reading and language development. The arts build strong mathematical skills. The arts advance the motivation to learn. The arts promote positive social development. Whereas, the Roanoke region nonprofit arts and cultural industry strengthens our economy by generating $26 million in economic activity annually ; Whereas, Americans for the Arts, the national coordinator of National Arts and Humanities Month, has focused the theme of this year's celebration on arts and cultural education and the Roanoke region cultural industry serves 50 school districts and 300,000 children annually: Whereas, the United States Conference of Mayors passed unanimously in June 2002, a policy resolution to urge mayors and other elected officials to proclaim October as National Arts and Humanities Month; NOW, THEREFORE, BE IT RESOLVED, that do hereby proclaim the month of October 2002, as National Arts and Humanities Month .~ --- - - - Diane Childers - Re: Agenda stuff for 10122 Page 1 From: Paul Mahoney To: Diane Childers Date: 9/30/02 8:11 AM Subject: Re: Agenda stuff for 10/22 Diane: I have exchanged a series of emails with Pete Giesen, the County's legislative liaison, concerning the work session with the BOS on 10/22. This work session will develop the County's legislative program for the 2003 session of the General Assembly. It appears that this work session can be scheduled with Pete for 7:30 pm on Oct 22. Paul CC: Butch Church; Elmer Hodge Diane Childers -October 8 agenda Page 1 From: Paul Mahoney ! v~Z v To: Diane Childers; Elmer Hodge 1 Date: 8/30/02 2:46PM Subject: October 8 agenda ECH and DC: Please schedule a work session with Pete Giesen and the Board for October 8, 2002, to discuss the County's proposed 2003 legislative program. I had previously asked you to schedule this work session for Sept. 10, but due to timing and scheduling conflicts, we agreed to schedule it for Oct. 8. Thanks. Paul CC: John Chambliss; Sue Patterson-Bane ,:~. ~ -h ~AYSAC Roanoke County Board of Supervisors Mary Allen County Clerk 5204 Bernard Drive, SW Roanoke, VA 24018 ~,oanoke ~Lrea youth Sudstance .2lduse Coalition Dear Chairman and Members of the Board: P.O. Bob 13543 ~,oanoke, ~~ 24035 (540) _982-1427 September 6, 2002 For the ninth year, citizens of the Roanoke Valley and Botetourt County will be asked to take a stand against illegal drug use through the observance of Red Ribbon Week. RAYSAC (the Roanoke Area Youth Substance Abuse Coalition) and Blue Ridge Behavioral Healthcare, would like to formally ask the Roanoke County Board of Supervisors to proclaim October 25 -November 3 as Red Ribbon Week in your community. The Virginia Federation of Communities for Drug-Free Youth following the murder of Federal Agent Enrique Camarena initiated the Red Ribbon Campaign in 1985 by drug traffickers. Since that time, the red ribbon has been designated as the symbol of intolerance of the illegal use of drugs and a commitment to a drug-free lifestyle. Communities recognize the last week in October as Red Ribbon Week across the country. In the Roanoke Valley a number of events are scheduled: • A Kick-off press conference for Red Ribbon. Week and "It Takes The Whole Valley To Raise A Child" campaign will be held at Victory Stadium on Friday, October 25th • October 25 & 26 RAYSAC sacks filled with parenting information will be passed out at area football games and skating rinks • Two free parenting workshops will be held on October 29, 5:30-6:30, and November i, 12:00-1:00 p.m., at the Higher Learning Center • Sunday, November 3 at 7:00 p.m., at the Hotel Roanoke Conference Center, a Candlelight Vigil of Remembrance and Hope will be held to remember those whose lives have been affected by substance abuse. • A number of businesses and agencies throughout the region will sport banners and ribbons in support of this week. RAYSAC is an organization that includes concerned parents, students, teachers, police officers, business people, judges, drug treatment providers, counselors, ministers, and more. Working with Blue Ridge Behavioral Healthcare they are committed to creating a community norm that drug abuse will not be tolerated. Thank you in advance for considering our request for a proclamation. If possible, please present this to your elected officials at a meeting as close to the start of Red Ribbon Week as possible. If you have any questions, please don't hesitate to call me at 982-1427. The proclamation can be sent to me at 54i Luck Avenue, Suite 230, Roanoke, Virginia, 24016, or please let me know and I will be happy to come by and pick it up. Sincerely, U I ~ ~.R~-~I.Ia~~ Mary~en Parker Secretary/Treasurer ion Profit Organization - Roanoke Area Youth Substance Abuse Coalition Working Toward ADrug-Free Roanoke Valley Valley-wide cooperation and networking for education and prevention activities P. 0. Box 13543 Roanoke, VA 24035 (540) 982.1427 Fax (540) 857-4307 www.raysac.org ~AYS~gn, ~~ c d t ~ ~ ~ N ~ Q O i G1..~_+ Q V . ~ O V _ .~ o v~ N ~, w bA Q "U CC3 O N 0 ~ ~ U '~ '~ .~ cat te M M ~ c i , U.~ a ~ ~ N ~ r~ O ~.., ~ DC -~ °° N +~ "1' o vii a ~ a .~ k ~ w ~ ~ c ~ , ~, 3 a, a a ~~ ~~ S£O~Z ~'A `a~ou~o~ £t~S£i xog 'O 'd ~ VJ ~ .a ~ ~ O 4, ~ ~ ~°- v A d L u ~ ~ w O O h R C a °' ~ °' Y ~ g •"' S H g v C 0 0 ~ ~ ~ ~•~ on ~~ U G 'O N~ o a f U N a. a~ o 'ti ~ _ ~ D ( a ~ 3 ~ °~' o Z ~ ~ ~ ~ o~~n o ~ °6b ~ c Q rn Q ~, ~ ° o cn ~ ;3 .n id p C v . ~ 7 ~' F ~ c ° 'o c. ~ x u: vii .~ ~ V¢] oai ~ w~ O U v ~ -~ ~ ~ .° R oq y A a~i ~° 0.' 3 O iv ° ri ~+ .C O ~ .. 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As soon as I hear from Carrie, I will let you know. Brenda J. Holton Deputy Clerk Roanoke County Board of Supervisors E-mail: bholton@co.roanoke.va.us. Phone: (540) 772-2005 Fax: (540) 772-2193 »> "Barbara Duerk" <barbgary@rev.net> 10/16/02 07:12PM »> Brenda, BHOLTONCa~co.roanoke.va.us You have a good memory! Orginally, I thought she was going to give a "copy" of her display to the Board of Supervisors for hanging in the Administration building or display at the Cave Spring fire station. I'll ask Carrie. I am at VMI on Thursday and will be back on Friday. The attendance looks good. I am e-mailing her to get back with you on this. Her grandmother, Nancy Martin (Martin homes) and her dad might be there also. Barbara -----Original Message----- From: Brenda Holton (mailto:BHOLTON(a~co.roanoke.va.us] Sent: Wednesday, October 16, 2002 5:12 PM To: barbparyCa~rev.net Subject: Re: Attending, Oct.22 Barbara, I wish I could think of everything when I email you back. just tried to call since sometimes email are hard to make sense of little things. Couple of questions so I don't assume something that isn't so .............. Is Carrie going to present a Cave Spring History Display to the Board or just display her copy for them to see? I thought when we first talked she was presenting one to the Board but the information says that she is going to put one at the Spring and one at Cave Spring -Kroger. Of course, that is just fine and you don't need to give the Board anything, but just making sure I understand. Also to be perfectly clear ---- Attending will be Carrie Matheny, her IDiane Childers -Fwd: Mary, please respond Page 2 mother Mary Matheny, Gold Award Advisor Barbara Duerk, and some of her fellow Girl Scouts. Thanks, Brenda J. Holton Deputy Clerk Roanoke County Board of Supervisors E-mail: bholtonCc~co.roanoke.va.us. Phone: (540) 772-2005 Fax: (540) 772-2193 »> "Barbara Duerk" <barbgary~a rev.net> 10/16/02 03:51 PM »> Dear Brenda, I am a Girl Scout volunteer. I am a coordinator of the Adventurers, Girl Scouts of Virginia Skyline Group, that targets middle school students. Through adventure based programming, we challenge Girls to challenge themselves. This is the 17th year for the program. I am Carrie's Gold Award advisor. Her mother Mary and maybe some other people and girl scouts will be attending. Barbara -----Original Message----- From: Brenda Holton [mailto:BHOLTON aC~.co.roanoke.va.usl Sent: Wednesday, October 16, 2002 3:33 PM To: barbgaryCa.rev.net Cc: Diane Childers Subject: Re: Carrie's Gold Award Barbara, thanks so much for the information! Just to confirm, you and Carrie will be at the Board meeting, Oct 22, at 7 p.m. for the recognition. Also, what is your title with the Girl Scouts? Thanks again. Brenda J. Holton Deputy Clerk Roanoke County Board of Supervisors E-mail: bholton(c~co.roanoke.va.us. Phone: (540) 772-2005 Fax: (540) 772-2193 »> "Barbara Duerk" <barbgaryCa~rev.net> 10/16/02 11:09AM »> Dear Brenda, Diane Childers -Fwd: Mary, please respond Page 3 ' ~~ --__.... _W.. Attached is the file for the Board of Supervisor's packet. If you need more information about the Gold Award, Carrie or the project you can call me at 343-1616 or Carrie at home 774-0953 or cell 580-4676. This fits in well with the character education. Barbara Open the file. If there is a question to ask if you want to merge, answer NO. There should be a bold headline saying, GIRL SCOUTS OF VIRGINIA SKYINE GOLD AWARD PROJECT. From: "Barbara Duerk" <barbgary@rev.net> To: <bholton@co.roanoke.va.us> Date: 10/ 16/02 11:11 AM Subject: Carrie's Gold Award Dear Brenda, Attached is the file for the Board of Supervisor's packet. If you need more information about the Gold Award, Carrie or the project you can call me at 343-1616 or Carrie at home 774-0953 or cell 580-4676. This fits in well with the character education. Barbara Open the file. If there is a question to ask if you want to merge, answer NO. There should be a bold headline saying, GIRL SCOUTS OF VIRGINIA SKYINE GOLD AWARD PROJECT. Girl Scouts of Virginia Skyline Council Gold Award Service Project: Cave Spring History Display Roanoke County, VA The Service Project Carrie Metheny has lived in Cave Spring all her life. She became aware of the spring and its location through a newspaper article in The Roanoke Times. After speaking with the landowners, she realized that many people inquired and were curious about the namesake for this section of the county. So she took on a community service project to research, record and construct a display on the history of Cave Spring. Carrie Metheny's Gold Award service project involved over 50 hours of work that included research about the spring and area, and creation of a display to tell the tale of Cave Spring. She obtained information from the History Museum and Historical Society of Western Virginia, the Virginia Room of the Roanoke City Public Library and the Historic Preservation Society. The owners of the spring, Tom and Teresa Spraker (4410 Cave Spring Road, S.W.) were involved with the project. The display will be placed at the spring so citizens of the area will know about the history of this section of the county. An additional display is planned for the Kroger-Cave Spring store. Metheny is hoping that people with first-hand accounts of activities at the spring will share their information so it can be compiled for historical purposes. Information, stories and old photos can be sent by mail or dropped off at: Girl Scouts of Virginia Skyline Attn: Cave Spring History Project 413 Apperson Drive P.O. Box 3000 Salem, VA 24153 The Girl Scout Gold Award The Girl Scout Gold Award is the highest award that a Senior Girl Scout may earn. Someone once described the Gold Award as being "what you really want to be remembered for" in Girl Scouting. For many, the leadership skills, organizational skills and sense of community and commitment that come from "going for the gold" cement the foundation for a lifetime of active citizenship. The Gold Award is in the same league as the Eagle Scout Award. Achieving the Gold Award takes true commitment and dedication. The Girl Scout Gold Award is earned by fulfilling requirements that recognize a Senior Girl Scout's commitment to excellence as she develops leadership skills and personal values to meet present and future challenges in her life. To earn the Gold Award, a girl has to prove her leadership abilities by designing and carrying out a plan of activities that includes community service, career exploration and specialized interest projects. A Girl Scout Gold Award service project is one that is planned and implemented by the girl entailing at least 50 hours of work. Girl Scout Gold Award recipients are a special part of a rich tradition that honors young women who demonstrate an exceptional commitment to their communities and an outstanding dedication to achievement. About Carrie Metheny Carrie Leigh Metheny, 5601 S. Roselawn Road, is a recent graduate of Cave Spring High School and is currently attending Virginia Western Community College. She also works part-time for Roanoke County as a kayak and ropes course facilitator at Camp Roanoke. Metheny has been a Girl Scout for 11 years. Her Girl Scout leaders were Helen Barrier and Mary Metheny. Her Gold Award advisor was Barbara Duerk. During her years in Girl Scouts, Metheny participated in council-sponsored challenge weekends and camp roundups. As a member of the Girl Scouts of Virginia Skyline Adventurers group she poled a Bateau, a flat bottom boat used in the 1800's, on the James River from Lynchburg to Richmond. She also learned to navigate a sailboat off the coast of New England. Nationally through Girl Scouts, Metheny attended a rafting and rock climbing school held on the Green River in Colorado. And internationally, she traveled to England and Canada as part of Virginia Skyline Council patrols representing Girl Scouts of the USA and the World Association of Girl Guides and Girl Scouts. - -- D~ iane Childers -Girls Scouts to attend 10-22 meeting Page 1 From: Brenda Holton To: Butch Church; Diane Childers; Elmer Hodge Date: 9/26/02 10:08AM Subject: Girls Scouts to attend 10-22 meeting Barbara Duerk, 343-1616, adult advisor for Girl Scouts, asked if they could come to the Oct 22 meeting at 7 p.m. and present the Board with a framed history of the Cave Spring (the actual spring). This project was completed as part of a Girl Scout Gold Award. I told her I though this would be fine and that either Diane or I would be back in touch with her next week to get more details. She was OK with this. Brenda J. Holton Deputy Clerk Roanoke County Board of Supervisors 540-772-2005 bholton@co.roanoke.va.us ~H- f ~ ~+~ ~ ~~ ,~~5 ~" maw t~ / Q~ /~~'~ ~d1>y/QZ ~' From: "Barbara Duerk" <barbgary@rev.net> To: "'Brenda Holton"' <BHOLTON@co.roanoke.va.us> Date: 10/16/02 3:53PM Subject: Attending, Oct.22 Dear Brenda, I am a Girl Scout volunteer. I am a coordinator of the Adventurers, Girl Scouts of Virginia Skyline Group, that targets middle school students. Through adventure based programming, we challenge Girls to challenge themselves. This is the 17th year for the program. I am Carrie's Gold Award advisor. Her mother Mary and maybe some other people and girl scouts will be attending. Barbara -----Original Message----- From: Brenda Holton [mailto:BHOLTON@co.roanoke.va.us] Sent: Wednesday, October 16, 2002 3:33 PM To: barbgary@rev.net Cc: Diane Childers Subject: Re: Carrie's Gold Award Barbara, thanks so much for the information! Just to confirm, you and Carrie will be at the Board meeting, Oct 22, at 7 p.m. for the recognition. Also, what is your title with the Girl Scouts? Thanks again. Brenda J. Holton Deputy Clerk Roanoke County Board of Supervisors E-mail: bholton@co.roanoke.va.us. Phone: (540) 772-2005 Fax: (540) 772-2193 »> "Barbara Duerk" <barbgary@rev.net> 10/16/02 11:09AM »> Dear Brenda, Attached is the file for the Board of Supervisor's packet. If you need more information about the Gold Award, Carrie or the project you can call me at 343-1616 or Carrie at home 774-0953 or cell 580-4676. This fits in well with the character education. Barbara Open the file. If there is a question to ask if you want to merge, answer NO. There should be a bold headline saying, GIRL SCOUTS OF VIRGINIA SKYINE GOLD AWARD PROJECT. 1 r '~ MEMO To: Diane Childers, Clerk to Board of Supervisors From: Arnold Covey, Department of Community Development Subject: Legal Notice Date: October 2, 2002 Please advertise the following notice in The Roanoke Times: NOTICE OF PUBLIC HEARING ORDINANCE TO VACATE A 50-FOOT PUBLIC RIGHT OF WAY, 20-FOOT DRAINAGE EASEMENT, 40-FOOT DRAINAGE EASEMENT AND PORTIONS OF 15-FOOT PUBLIC UTILITY EASEMENT RECORDED IN PLAT BOOK 24, PAGE 35, STONEGATE -PHASE 1, LOCATED IN HOLLINS MAGISTERIAL DISTRICT (SHOWN ON ATTACHED MAP). Thank you. STONEGATE PROPERTIES, LLC -~ Didn.~ Childers Address and Phone Number Page 1 From: Agnes Engl To: Diane Childers Date: 10/2/02 2:41 PM Subject: Address and Phone Number Dale Wilkerson P.O. Box 616 Daleville, Virginia 24083 (540) 977-0005 .__ Diane Childers -McNeil Asphalt Page 1~ From: Susan Carter To: Diane Childers Date: 9/20/02 12:26PM Subject: McNeil Asphalt McNeil Asphalt has just withdrawn their petition. This petition has been postponed several times. A transmittal was included with our packet which was sent up to you last week. Do you need a copy of this now or should I wait and send it with our next packet for the BOS October meeting? Thank you, Diane. PUBLIC NOTICE Please be advised that the Board of Supervisors of Roanoke County, Virginia, at its meeting on Tuesday, October 22, 2002, at the evening session beginning at 7:00 p.m., at the Roanoke County Administration Center, Board Meeting Room, 5204 Bernard Drive, S.W., Roanoke, VA 24018, will hold a public hearing on the following: ORDINANCE TO VACATE A 50' PUBLIC RIGHT-OF-WAY LYING BETWEEN LOTS 57 AND 58, PORTIONS OF 15' PUBLIC UTILITY EASEMENTS ON LOTS 57 AND 58, A 40' DRAINAGE EASEMENT ON LOT 57, AND A PORTION OF A 20' DRAINAGE EASEMENT ON LOTS 59 AND 60, ON THE PLAT OF PHASE 1, STONEGATE SUBDIVISION, RECORDED IN PLAT BOOK 24, PAGE 35 (ROANOKE COUNTY) AND PLAT BOOK 24, PAGES 1-3 (BOTETOURT COUNTY), LOCATED IN THE HOLLINS MAGISTERIAL DISTRICT A complete copy of the proposed ordinance and related documentation is on file in the Office of the Clerk to the Board of Supervisors and in the Office of the County Attorney and is available for public inspection. All members of the public interested in the matter set forth above may appear and be heard at the public hearing scheduled as aforesaid. Dated: October 3, 2002 Diane S. Childers, Clerk to the Board of Supervisors Publish on the following dates: October 8, 2002 October 15, 2002 Send invoice to: Stonegate Properties, LLC Dale Wilkerson (540) 977-0005 [ Diane Childers - Re: Legal Ad -Cotton Hill Land Co. Page 1 From: Susan Carter To: Diane Childers Date: 10/2/02 8:07AM Subject: Re: Legal Ad -Cotton Hill Land Co. The Planning Commission and staff decided last night (Oct 1) at the PC's public hearing to continue this petition until November. There will be no legal ad for BOS on Cotton Hill for October. Thanks, Diane. w -_ _--- ~Diane Childers - Re: Building Code Board of Adjustments Page 1 r-- From: Richard Burch To: Childers, Diane; Gillispie, Don Date: 9/25/02 2:28PM Subject: Re: Building Code Board of Adjustments I have one name at this time and I understand someone from the county has already contacted him. For the record, his name is Ralph Henry, 6545 Corntassel Lane, Roanoke. Phone 774-6784. Thanks Yours for a better fire and rescue service. Chief Rick Burch »> Diane Childers 09/10/02 12:36PM »> There are currently two vacancies on the Building Code Board of Adjustments and Appeals (Fire Code Board of Appeals), with two more terms scheduled to expire by the end of 2002. Mr. Church has requested that I contact you to see if you could obtain a list of individuals who might be willing to fill these vacancies. Our next Board meeting is September 24, and we would like to make a nomination at that time, if possible. Thank you for any assistance you can provide. Diane S. Childers Clerk to the Board County of Roanoke E-mail: dchildersCa~co.roanoke.va.us Phone: (540) 772-2003 Fax: (540) 772-2193 CC: Church, Butch; Hodge, Elmer ~ Diane Childers Re. Building Code Board of Adjustments Page 1~ ~_~.~_ ~_~_. _ ___ ~_W_ _~__ __ _~ From: Richard Burch To: Childers, Diane; Gillispie, Don Date: 9/16/02 12:02PM Subject: Re: Building Code Board of Adjustments We know of one possibility from the Back Creek area. Div. Ch. Mike Lewis is going to follow up with him. Will let you know. Thanks Yours for a better fire and rescue service. Chief Rick Burch »> Diane Childers 09/10/02 12:36PM »> There are currently two vacancies on the Building Code Board of Adjustments and Appeals (Fire Code Board of Appeals), with two more terms scheduled to expire by the end of 2002. Mr. Church has requested that I contact you to see if you could obtain a list of individuals who might be willing to fill these vacancies. Our next Board meeting is September 24, and we would like to make a nomination at that time, if possible. Thank you for any assistance you can provide. Diane S. Childers Clerk to the Board County of Roanoke E-mail: dchilders(a~co.roanoke.va.us Phone: (540) 772-2003 Fax: (540) 772-2193 CC: Church, Butch; Hodge, Elmer; Lewis, Mike INTER MEMO ROANOKE COUNTY BOARD OF SUPERVISORS 0 1= F I C E CLERK'S OFFICE TO: Butch Church Joe McNamara Richard Flora Fuzzy Minnix Harry Nickens FROM: Brenda J. Holton, Deputy Clerk ~r~)d DATE: October 16, 2002 SUBJECT: APPOINTMENT -BUILDING CODE BOARD OF ADJUSTMENTS AND APPEALS (FIRE CODE BOARD OF APPEALS) Attached is an application from Mr. Ralph T. Henry who is interested in serving on the Fire Code Board of Appeals. As you can see from his application, Mr. Henry is a retired Fire Protection Engineer, and was active in this field from 1957 until 1988. Chief Burch advises that he has met Mr. Henry once or twice and believes that he will do a good job. However, he also stated that this Board does not meet very often since it only considers appeals. Two alternate members are appointed to the Building Code Board of Adjustments and Appeals to consider Fire Code appeals. A vacancy for an alternate member has existed since Mr. Hendricks' term expired on October 28, 2001. Attachment cc: Elmer Hodge Diane Childers ffE.llfT O` Tiff HfLE RIIX:E NQAMII'E W V,\7Y VIAC.WU COUNTY OF ROANOKE CITIZEN VOL UNTEER APPLICATION The following biographical information has been requested by the Roanoke County Board o f Supervisors on each nominee for Board appointment to Committees, Commission and Boards. When com- pleted, please return to . , C/O Roanoke County Board o f Supervisors, P. O. Box 29800, Roanoke, Va. 24018. ~if1A t ~i: lcltts I am interested in serving Roanoke County as a member of: Buildino Code Board of Ad.iustments and A~ Pali (F;rP Cnda Rnarri of ApnaalS) Name: Ralph T. Henry Magisterial District: Home Address: Windsor Hills 6545 Corntassel_Lane Roanoke, VA. 24018 Length of Time at present address: Five Years Telephone Number: 540 774 6784 Social Security Number: ~~~ ~~gan~ Present Employment Position:. Business Address: Business Telephone Number: Education. civic activities, offices held, honors, etc.: B. S. AaE Virginia Tech President, Back Creek Rural Village Civic League Renistered Professional Engineer (Retired Status) Fire Protection Engineering-Calif. (1977) National Fire Protection Association -Life Member Retired Society of Fire Protection Engineers -Member -For - Availability of time to devote t0 this committee: Upon adequate notice, I should be able to attend Appeal Meetings List special items which might qualify You far this appointment: Past Member -National Fire Protection Association Technical Committee #96 "Removal of Smoke and Grease-Laden Vapors from Commerical Cooking Equipment" (Please attach any additional information you wish. to inelu~'e) Since my Engineering License is in "Retired Status", I am not allowed to perform or offer to perform any engineering or consulting services. However, I have been given permission to act in a jurisdictional capacity, for the purpose of interpreting Fire Codes . ~ /~'~~~~'` Signature EMPLOYMENT HISTORY Fire FYOtection Engineer and Marketing Specialist Alexander & Alexander, Lnc., Atlanta, GA. Elected Vice President in 1979 1970 - 1988 Fire Protection Engineer and Engineering Manager 1966 - 1970 Kemper Insurance -Charlotte, N. C., Summit, N. J. and New York, N. Y. Fire Protection Engineer and Assistant Engineer-In-Charge 1957 - 1966 Factory Insurance Association -New Orleans, LA. and Atlanta, GA. CALIFQRNIA ~ ,:?~ .~. ` ,.".~,~_~ Board for Professional ~ _ I ~ ~~ Engineers & land Surveyors "`~`' ~ ~ nrrd~ 2535 Capituf 03ks Drive • Suila 30C i r~i Sacramento. CA 95833-2925 ~"-.~ (~ 161 2 E&?222 FIRE PROTECTION ENGINEER RETIRED LICENSE NO. EFFECTIVE FP .652 01 /02/2002 RALPH THOMAS HENRY . r+ _ ~ From: Brenda Holton To: Diane Childers Date: 10/14/02 11:39AM Subject: Fwd: Re: Ralph Henry and appointment to Fire Code Board of Appeals See Rick's response. When Mr. Henry asked about the schedule for meetings, I told him that I thought they only had one appeal in the last four years or so. He already knew that. Mr. Hodge, do you have any thoughts before we send recommendation to the Board members? Brenda J. Holton Deputy Clerk Roanoke County Board of Supervisors E-mail: bholton@co.roanoke.va.us. Phone: (540) 772-2005 Fax: (540) 772-2193 »> Richard Burch 10/14/02 11:34AM »> I have met him once or twice but do not know him personally. From what I have heard, he will do a good job. I do not think this board has met but one time in the 6 years I have been here. I think Elmer may know him??? Yours for a better fire and rescue service. Chief Rick Burch »> Brenda Holton 10/14/02 09:37AM »> Mr. Ralph Henry brought his application to become a member of the Building Code Board of Adjustments and Appeals (Fire Code Board of Appeals) by the office today. He has talked with Chief Burch about this appointment and will deliver a copy of his application to him. I explained to him that we would send his application to the Board members but they would have to nominate him at the next meeting Oct 22 and would probably confirm at the Nov 5 meeting. There is a possibility that it could all be done at the Oct 22 meeting. Once he is appointed, we will send him a letter of confirmation. Chief Burch, could you let Diane or me know your thoughts about nominating Mr. Henry for this Board so we can pass that along to the Board also. Thanks, Brenda J. Holton Deputy Clerk Roanoke County Board of Supervisors E-mail: bholton(a)co.roanoke.va.us. Phone: (540) 772-2005 Fax: (540) 772-2193 CC: Elmer Hodge; Richard Burch ~ - , From: Brenda Holton To: Diane Childers Date: 10/14/02 10:37AM Subject: Ralph Henry and appointment to Fire Code Board of Appeals Mr. Ralph Henry brought his application to become a member of the Building Code Board of Adjustments and Appeals f Fire Code Board of Appeals) by the office today. He has talked with Chief Burch about this appointment and will deliver a copy of his application to him. I explained to him that we would send his application to the Board members but they would have to nominate him at the next meeting Oct 22 and would probably confirm at the Nov 5 meeting. There is a possibility that it could all be done at the Oct 22 meeting. Once he is appointed, we will send him a letter of confirmation. Chief Burch, could you let Diane or me know your thoughts about nominating Mr. Henry for this Board so we can pass that along to the Board also. Thanks, Brenda J. Holton Deputy Clerk Roanoke County Board of Supervisors E-mail: bholton@co.roanoke.va.us. Phone: (540) 772-2005 Fax: (540) 772-2193 CC: Richard Burch .'~ - From: Brenda Holton To: Diane Childers Date: 10/14/02 10:37AM Subject: Ralph Henry and appointment to Fire Code Board of Appeals Mr. Ralph Henry brought his application to become a member of the Building Code Board of Adjustments and Appeals (Fire Code Board of Appealsl by the office today. He has talked with Chief Burch about this appointment and will deliver a copy of his application to him. I explained to him that we would send his application to the Board members but they would have to nominate him at the next meeting Oct 22 and would probably confirm at the Nov 5 meeting. There is a possibility that it could all be done at the Oct 22 meeting. Once he is appointed, we will send him a letter of confirmation. Chief Burch, could you let Diane or me know your thoughts about nominating Mr. Henry for this Board so we can pass that along to the Board also. Thanks, Brenda J. Holton Deputy Clerk Roanoke County Board of Supervisors E-mail: bholton@co.roanoke.va.us. Phone: (540) 772-2005 Fax: (540) 772-2193 CC: Richard Burch ; Diane Childers Fwd: Re Ralph Henry and appointment to Fire Code. Board of Appeals Page 1 From: Brenda Holton To: Diane Childers Date: 10/14/02 11:39AM Subject: Fwd: Re: Ralph Henry and appointment to Fire Code Board of Appeals See Rick's response. When Mr. Henry asked about the schedule for meetings, I told him that I thought they only had one appeal in the last four years or so. He already knew that. Mr. Hodge, do you have any thoughts before we send recommendation to the Board members? Brenda J. Holton Deputy Clerk Roanoke County Board of Supervisors E-mail: bholton@co.roanoke.va.us. Phone: (540) 772-2005 Fax: (540) 772-2193 »> Richard Burch 10/14/02 11:34AM »> I have met him once or twice but do not know him personally. From what I have heard, he will do a good job. I do not think this board has met but one time in the 6 years I have been here. I think Elmer may know him??? Yours for a better fire and rescue service. Chief Rick Burch »> Brenda Holton 10/14/02 09:37AM »> Mr. Ralph Henry brought his application to become a member of the Building Code Board of Adjustments and Appeals IFire Code Board of Appeals) by the office today. He has talked with Chief Burch about this appointment and will deliver a copy of his application to him. I explained to him that we would send his application to the Board members but they would have to nominate him at the next meeting Oct 22 and would probably confirm at the Nov 5 meeting. There is a possibility that it could all be done at the Oct 22 meeting. Once he is appointed, we will send him a letter of confirmation. Chief Burch, could you let Diane or me know your thoughts about nominating Mr. Henry for this Board so we can pass that along to the Board also. Thanks, Brenda J. Holton Deputy Clerk Roanoke County Board of Supervisors E-mail: bholton(a~co.roanoke.va.us. Phone: (540) 772-2005 Fax: (540) 772-2193 CC: Elmer Hodge; Richard Burch Diane Childers -Ralph Henry and appointment to Fire Code Board of Appeals From: Brenda Holton To: Diane Childers Date: 10/14/02 10:37AM Subject: Ralph Henry and appointment to Fire Code Board of Appeals Mr. Ralph Henry brought his application to become a member of the Building Code Board of Adjustments and Appeals (Fire Code Board of Appeals) by the office today. He has talked with Chief Burch about this appointment and will deliver a copy of his application to him. I explained to him that we would send his application to the Board members but they would have to nominate him at the next meeting Oct 22 and would probably confirm at the Nov 5 meeting. There is a possibility that it could all be done at the Oct 22 meeting. Once he is appointed, we will send him a letter of confirmation. Chief Burch, could you let Diane or me know your thoughts about nominating Mr. Henry for this Board so we can pass that along to the Board also. Thanks, Brenda J. Holton Deputy Clerk Roanoke County Board of Supervisors E-mail: bholton@co.roanoke.va.us. Phone: (540) 772-2005 Fax: (540) 772-2193 Page 1 CC: Richard Burch O~ ROAN ~~ ~ . p z c~ T838 OFFICE OF THE COUNTY ATTORNEY P.O. BOX 29800 5204 BERNARD DRIVE PAUL M. MAHONEY ROANOKE, VIRGINIA 24018-0798 JOSEPH B. OBENSHAIN COUNTY ATTORNEY FAX (540) 772-2089 SENIOR ASSISTANT COUNTY ATTORNEY ~sao> 772-2007 VICKIE L. HUFFMAN SENIOR ASSISTANT COUNTY ATTORNEY October 18, 2002 ~sao) 772-2071 The Honorable R. Patrick Doherty Roanoke County Circuit Court 305 East Main Street Salem, VA 24153 Dear Judge Doherty: This letter confirms the scheduling on Friday, November 1, 2002, at 11:30 a.m. of the swearing in ceremony for Michael W. Altizer as the member on the Roanoke County Board of Supervisors from the Vinton Magisterial District. When we discussed this by telephone, you told me that this ceremony could be conducted either in your chambers or in the courtroom. Thank you for your time and attention to this matter. Very truly y~ounrns, YV\ Paul M. Mahoney County Attorney J ) PMM/spb ~/// Michael W. Altizer Elmer C. Hodge Board of Supervisors Members Diane Childers INTEROFFICE MEMO Frozn t12e Office of the CountyAdmizristrator 772-2004 TO: Board Members ~~~~~% FROM: ElLner Hodge DATE: October 14, 2002 SUBJECT: Christmas Tree Lighting Ceremony The Christmas Tree Lighting Ceremony at the Brambleton Center has been a tradition that ~~e have observed since I first came to the County in the mid-80s. The event was well attended for a number of years. However, in the past few years, the attendance has been declining. We feel this is due to the competition of other events that are now taking place in the valley. With your consent, we would like to discontinue the tree lighting ceremony. We wi11 still decorate and light the Christmas tree in front of the Brambleton Center. The Parks and Recreation Department is planning to host an open house for those who use the Brambleton Center. Unless I hear otherwise from you by the next Board meeting, we will not plan to have a formal tree lighting ceremony and reception this year. ROANOKE COUNTY ATTORNEY'S OFFICE Roanoke County Administration Center 5204 Bernard Drive, S.W. -Room 481 Roanoke, VA 24018-0798 Phone 772-2007 -Fax 772-2089 MEMORANDUM To: Board of Supervisors From: Paul Mahoney ~~ Date: October 14, 2002 Subject: Hunting Hills Country Club This memorandum is submitted to you within the range of the attorney-client privilege, and as such, is confidential. Further, it is exempt from disclosure as a public record under the provisions of the Virginia Freedom of Information Act, Section 2.2-8705.A.7 On Thursday, October 10, 2002, Elmer Hodge, Gary Robertson, and I met with representatives of the Hunting Hills Country Club to address their concerns with respect to the water conservation measures enacted by the Board of Supervisors on October 8, 2002. We believe that this was a very productive meeting. Mr. Robertson will be meeting with the golf course manager to explore various possibilities for the golf course to drill one or more ground water wells and Iink these wells into the golf courses water distribution system. The golfcoursewill explore creating additional surface water areas (ponds) to store this well water for later irrigation purposes. Mr. Robertson will assess the availability of reopening County wells that have been taken out of service. We discussed the possibility of modifying the County ordinance to allow limited irrigation of only the greens and tees with public (County) water. We will bring these "clarifications" to you on November 5. We were also advised that the golf course ceases irrigation for the winter in late November. Although this seasonal cessation of irrigation for the winter will provide short term relief, we discussed the possibility that drought conditions may continue into the spring and summer of 2008. County staff urged the golf course representatives to actively pursue the development of alternative sources. By agreement dated March 26, 1979, the County acquired the assets of Craighead Water Company, Utility Services Corporation, and the Roanoke Sanitary Disposal Corporation. Although Hunting Hills County Club was not a party to this agreement, this agreement provided certain protective provisions for the benefit of the Country Club. These provisions are as follows: 6. Hunting Hills Country Club, Inc. The parties hereto recognize the substantial and continuing investment of Hunting Hills Country Club, Inc. ("County i gpd. Club"), in the greens of the golf course located on the property of Hunting Hills and the necessity for adequate water on a regular and continuing basis to maintain and protect the said greens. (A) As further consideration for the sale of the Identified Assets, Roanoke County agrees that in no event, except if the Country Club totally disconnects from the Roanoke County water system, shall the quantity of water available for watering the greens fall below 75,000 gallons per day. (B) As further consideration for the Sellers' Agreement to sell the Identified Assets, the Buyers agree to permit the Country Club to develop its own water system, solely for use by its facilities and its members and guests; provided, however, the Country Club agrees that in no event is it to sell water from its water system or the water system for use off the premises owned by the Country Club and used as a country club. This agreement specifically contemplates, as examples, not a limitations, that the Country Club shall be entitled to drill new wells, utilize and acquire existing wells, construct, install, maintain and repair, at its own expense, the necessary water lines and equipment for the development and use of a water system. The Buyers further agree to permit the Country Club to connect to the water system of the City of Roanoke. The Buyers hereby waive the County water ordinance, as it now exists or may from time to time be amended, insofar as it may apply to the rights granted in this subparagraph. (C) By separate document, the Country Club will lease to the County the property described on Exhibit E for the sum of $1.00 per year and other good and valuable consideration. The parties hereto agree that the lease shall provide that if the Country Club exercises its right to develop its own water system independent of the property described on Exhibit E, the Country Club will convey the property described on Exhibit E to the County. Although water usage by the Country Club fluctuates widely, it uses approximately 60,000 It is my opinion that this contractual provision may be abrogated by a variety of legal arguments. Unfortunately, it would require a judicial proceeding to vindicate the County's position. More importantly, it is my opinion that the Governor's declaration of water emergency would supersede this provision. I believe that the County can address the legitimate concerns of the Country Club while still maintaining effective water conservation measures without resorting to a judicial test of the 1979 agreement. However, I wanted to alert the Board to the existence of this provision benefitting the Country Club. Please call me if you have any questions concerning this memorandum. PMM/sb c: Elmer C. Hodge Gary Robertson Free Parent Seminar "Keeping Your Teen Snfe From Dan e o " r us Substa e g nc s Facilitated by Laurie Thomason, M. C-d RAYSAC Parent Coordinator. Tuesday, October 29th OR Friday, November 1~ 5:30-6:30 PM Noon-1:00 PM Room 413 Room 314 Roanoke Higher Education Center 108 N. Jefferson St., Suite 208 (light meal provided) cell 982-?427 by October 25 f or food order Topics of Discussion Inc/ude: • Tae i~ C~;wractZristics of "Hands-On" Parents • Hew Much Monitoring is Needed • How To Listen So Teens Wi II Talk and How To Tnik So_ Teens Wi II Listen • Why Are Chores Important? • "It Takes The Whole Valley To Raise A Child" Safe Homes Network Sponsored by the Roanoke Area Youth Substance Abuse Corr/ition in partnership with B/ue Ridge Behaviors/ Hea/thcare.