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10/14/2003 - Regular
Working Document -Subject to Revision Roanoke County Board of Supervisors Action Agenda October 14, 2003 Good afternoon and welcome to our meeting for October 14, 2003. 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 7:00 p.m. and on Saturdays at 4:00 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 All present at 3:04 p.m. 2. Invocation: Reverend Everett Kier Salem Baptist Church 3. Pledge of Allegiance to the United States Flag B. REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF AGENDA ITEMS None C. PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS 1. Joint proclamation declaring October 19 through 25, 2003 as "Building Character Week" in the Roanoke Valley Proclamation presented to Stuart Harris, founder of the Greater Roanoke Valley Character Coalition (GRVCC) 2. Proclamation declaring the month of October 2003 as "National Arts and Humanities Month" in the County of Roanoke Proclamation presented to Susan Jennings, Executive Director of the Arts Council of the Blue Ridge. Also present were Wendi Schultz, Tourism and Event 1 Coordinator, Roanoke County; Carolyn Payne, Virginia Museum of Transportation; and Beth Doughty, Roanoke Regional Chamber of Commerce. 3. Proclamation declaring October 5 through October 11, 2003 as "Fire Prevention Week" in the County of Roanoke Proclamation presented to the following: Rick Burch, Chief of Fire and Rescue; Captain Gary Huffman, Lieutenant Barry Beckner; Paul Kipley; Billy Chrimes; Tracy Wood; David Hafey, Dana Lacy, Chuck Straub, Jeff Stump, and Freddie the Fire Engine. 4. Proclamation declaring the month of October 2003 as "Crime Prevention Month" in the County of Roanoke Proclamation presented to Ray Lavinder, Chief of Police; Rick Crosier, Crime Prevention Officer; and McGruff, the Crime Prevention Dog D. BRIEFINGS 1. Introduction of Teresa Hamilton Hall, Public Information Officer. (Elmer Hodge, County Administrator) Mr. Hodge introduced Ms. Hall 2. Briefing from Economic Development Department regarding existing business program. (Doug Chittum, Director of Economic Development) Briefing presented by Doug Chittum and Melinda Cox. Also present were Sherry Elder, Manager of Human Resources, and Randall Vandergriff, Manager of Inventory Control, Atlas Cold Storage; and Ali Y. Khan, Plant Manager, Precision Fabrics Group. E. NEW BUSINESS 1. Request to accept and appropriate grant in the amount of $464,242 from the Federal Emergency Management Agency (FEMA) to the Fire and Rescue Department for the purchase of new firefighting breathing apparatus. (Richard E. Burch, Chief of Fire and Rescue) A-101403-1 JPM motion to approve staff recommendation (accept and appropriate the grant; authorize donation of old breathing apparatus units) URC 2 2. Resolution requesting that the Governor of Virginia designate Roanoke County as a rip mart' disaster area due to this year's excessive rainfall and moisture. (Jonathan M. Vest, Extension Agent) R-101403-2 JPM motion to adopt resolution URC 3. Resolution pursuant to Sections 15.2-1900 through 15.2-1907, and Title 25.1 - eminent domain, of the Code of Virginia (1950, as amended), to authorize eminent domain proceedings for the acquisition of, and immediate right of entry to, a permanent 20' sanitary sewer easement, together with the right of access and two 10' temporary construction easements, upon the private park in Highfields Subdivision (Tax Map No. 86.11-04-48), being owned in undivided interests by all of the Highfields lot owners. (Gary Robertson, Utility Director) R-101403-3 RCF motion to adopt resolution URC F. FIRST READING OF ORDINANCES 1. First reading of an ordinance authorizing the creation of and financing for a local public works improvement project including acquisition of easements - Club Lane Sewer Line Extension, Windsor Hills Magisterial District. (Gary Robertson, Utility Director) JPM motion to approve 1St reading 2"a reading -10/28/03 URC 2. First reading of an ordinance approving and authorizing the execution of a cable television franchise agreement by and between the County of Roanoke, Virginia and CoxCom, Inc., d/b/a Cox Communications Roanoke. (Joseph B. Obenshain, Senior Assistant County Attorney) MWA motion to approve 1St reading 2"a reading and public hearing -10/28/03 URC 3. First reading of an ordinance to vacate portions of a 15' sanitary sewer easement, a 15' water line easement, and a 5' public utility easement upon Lots 15 and 16, Plat of Section No. 2, Quail Ridge, recorded in Plat Book 26, Page 3, and resubdivided by Plat of Section No. 2, Quail Ridge, recorded in 3 Plat Book 26, Page 197, Cave Spring Magisterial District. (Arnold Covey, Director of Community Development) HOM motion to approve 1St reading 2"d reading and public hearing -10/28/03 URC 4. First reading of an ordinance to vacate a portion of an existing 10' public utility easement between Lots 22, 23, 24 and 25 dedicated in Plat Book 3, Page 1, Tinker Knoll, Hollins Magisterial District. (Arnold Covey, Director of Community Development) RCF motion to approve 1St reading 2"d reading and public hearing -10/28/03 URC 5. First reading of an ordinance amending ordinance 121900-3 enlarging a local public works improvement project, Webster Road water project, and authorizing financing. (Paul Mahoney, County Attorney) 0-101403-4 RCF motion to approve 1St reading and dispense with 2"d reading pursuant to Section 18.04 of the Roanoke County Charter URC 6. First reading of an ordinance amending the Roanoke County Code by the amendment of Section 2-7. "Reimbursement of Expenses Incurred for Emergency Response". (Paul Mahoney, County Attorney) JBC motion to approve 1St reading 2"d reading - 10/28/03 AYES: JBC, HOM, MWA, JPM NAYS: RCF G. SECOND READING OF ORDINANCES None H. APPOINTMENTS None 1. Grievance Panel 2. Industrial Development Authority 4 3. Virginia Western Community College Board 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-101403-5 JPM motion to adopt consent resolution with Item #14 removed U RC 1. Approval of minutes -September 23 and September 30, 2003 2. Confirmation of appointment to the Virginia Western Community College Board A-101403-5.a 3. Request from Police Department to accept and appropriate grant from the Department of Criminal Justice Services in the amount of $5,025 for use by the Roanoke Valley Triad for purchase of 19 Project Lifesaver bracelets A-101403-5.b 4. Request from Roanoke County Schools to accept and appropriate E-Rate reimbursement funds in the amount of $2,018.88 for purchase of instructional equipment A-101403-5.c 5. Request from Roanoke County Schools to accept and appropriate grant in the amount of $1,500 from the Virginia Commission for the Arts for arts curriculum development A-101403-5.d 6. Request from Roanoke County Schools to accept and appropriate grant in the amount of $1,966 for purchase of assistive technology equipment and materials for students with disabilities A-101403-5.e 5 7. Designation of voting delegate to the Virginia Association of Counties (VACo) conference to be held November 9-11, 2003 A-101403-5.f 8. Resolution expressing the appreciation of the Board of Supervisors of Roanoke County upon the retirement of Cecil Showalter, General Services Department, after sixteen years of service R-101403-5.g 9. Resolutions expressing the appreciation of the Board of Supervisors of Roanoke County upon the retirement of the following individuals in the Sheriff's Office: (a) Michael J. Simpson after twenty-seven years of service R-101403-5. h (b) Arthur L. Lee after twenty-six years of service R-101403-5.i 10. Request from Police Department to accept and appropriate grant in the amount of $2,100 from the Department of Motor Vehicles (DMV) for police officers to work DUI checkpoints A-101403-5. j 11. Request from Fire and Rescue Department to accept and appropriate grant in the amount of $7,900 from the Virginia Fire Services for construction of a trench rescue simulator A-101403-5.k 12. Request to accept South Concourse Drive into the Virginia Department of Transportation (VDOT) secondary system, Hollins Magisterial District R-101403-5.1 13. Request to approve holiday schedule for 2004-2006 A-101403-5.m 14. Request from the Roanoke County School Board to proceed with the donation of surplus real estate to Habitat for Humanity 6 A-101403-5. n MWA motion to approve Item I-14 URC J. REQUESTS FOR WORK SESSIONS Chairman McNamara noted that Supervisor Minnix had requested that a work session be scheduled on October 28, 2003, to continue discussion of Item F-6, ordinance amending the Roanoke County Code by the amendment of Section 2-7. "Reimbursement of Expenses Incurred for Emergency Response". K. REQUESTS FOR PUBLIC HEARINGS None L. CITIZENS' COMMENTS AND COMMUNICATIONS None M. REPORTS JPM motion to receive and file the following reports URC 1. General Fund Unappropriated Balance 2. Capital Fund Unappropriated Balance 3. Board Contingency Fund 4. Future Capital Projects 5. Statement of the Treasurer's accountability per investment and portfolio policy as of September 30, 2003 6. Report from VDOT of changes to the secondary road system in August 2003 7. Clean Valley Council N. REPORTS AND INQUIRIES OF BOARD MEMBERS Supervisor Church: (1 J He advised that a group of citizens from the Harbourwood Road area had anticipated attending today's meeting but they were unavailable for the 3:00 p.m. session. He stated that he looked forward to seeing them at the 7 October 28 meeting at 7:00 p.m. granddaughter, Abby Church. O. BRIEFING - 5:00 p.m. (2) He wished a happy birthday to his 1. Briefing by John L. Brownlee, United States Attorney Briefing presented by Mr. Brownlee. Also present were Ray Melick, Drug Enforcement Administration (DEA), and Donald Wolthuis, Assistant United States Attorney P. WORK SESSIONS (4th Floor Conference Room) - 5:30 p.m. 1. Work session to discuss the implementation of an electronic records management system in the Board of Supervisors and Clerk to the Board of Supervisor's Offices. (Diane S. Childers, Clerk to the Board) Time: 6:00 p.m. until 6:05 p.m. It was the consensus of the Board to proceed with implementation of the electronic records management system. Staff was instructed to bring the matter to the Board for funding approval on October 28, 2003. 2. Work session to discuss Virginia's Explore Park. (Pete Haislip, Director of Parks, Recreation and Tourism; Debbie Pitts, Assistant Director of Recreation) Time: 6:05 p.m. until 7:17 p.m. Work session presented by Pete Haislip, Director of Parks, Recreation and Tourism; Debbie Pitts, Assistant Director of Recreation; Tom Brock, President of The River Foundation; and Marc Taubman, Chairman of the Virginia Recreational Facilities Authority (VRFA). Mr. Brock reported that investments in Explore Park total $46,244,838 and he highlighted recent accomplishments at the park. Mr. Taubman outlined the role of the VRFA and recommended revising the mission statement to reflect the park's new focus on a recreational component to the park's operations. Mr. Haislip and Ms. Pitts outlined the Explore NOW! initiative which will create more recreational opportunities for visitors and will extend the park's hours of operation. Plans for future development include the Hancock-Cartledge Education Center Amphitheatre and a Frontier Fort. There was discussion regarding Roanoke County's investment in the park, Roanoke County's proposed future participation in the park with a partial ownership interest, and projected profitability of the park. 8 3. Work session to consider boundary line adjustments with the City of Roanoke. (Paul Mahoney, County Attorney) Time: 7:17 p.m. until 7:26 p.m. It was the consensus of the Board that staff should proceed with making the recommended boundary line adjustments. 4. Work session to consider topics of discussion for joint meeting with Roanoke City Council scheduled for October 17, 2003 concerning the proposed Regional Water and Wastewater Authority. (Paul Mahoney, County Attorney) Time: 7:26 p.m. until 7:57 p.m. Number and Composition of Water Authority Board: Supervisors McNamara, Minnix and Flora indicated support for 7 members on the Water Authority Board. Supervisors Altizer and Church recommended 9 members. Supervisors Altizer, Church, and Flora indicated that no elected representatives should serve on the Water Authority Board. Supervisor Minnix stated that at least initially, each locality should have one elected representative on the Board. Appointment of Tie-Breaker (7th Member): It was the consensus of the Board that the tie-breaker will be recommended by the Water Authority Board, but the appointment will be subject to approval/ratification by the member localities. Name: Suggestions included "Regional Service Authority" and "Roanoke Regional Utility Authority". Mr. Hodge advised the Board that there will probably be discussion at the joint meeting on October 17 regarding Roanoke County's withdrawal of $12 million from the County's Utility Fund. Q. CLOSED MEETING None R. CERTIFICATION RESOLUTION None S. ADJOURNMENT Adjourn to Friday, October 17 at 9:30 a.m., Roanoke County Administration Center, 4th floor conference room, for the purpose of attending a joint meeting 9 with the City of Roanoke to discuss the proposed regional water and wastewater authority. JPM adjourned the meeting at 7:57 p.m. until Friday, October 17 at 9:30 a.m., Roanoke County Administration Center, 4th Floor Conference Room, for joint meeting with the City of Roanoke to discuss the proposed regional water and wastewater authority. 10 Roanoke County Board of Supervisors Agenda October 14, 2003 Good afternoon and welcome to our meeting for October 14, 2003. 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 7:00 p.m. and on Saturdays at 4:00 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 Everett Kier Salem Baptist Church 3. Pledge of Allegiance to the United States Flag B. REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF AGENDA ITEMS C. PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS 1. Joint proclamation declaring October 19 through 25, 2003 as "Building Character Week" in the Roanoke Valley 2. Proclamation declaring the month of October 2003 as "National Arts and Humanities Month" in the County of Roanoke 3. Proclamation declaring October 5 through October 11, 2003 as "Fire Prevention Week" in the County of Roanoke 4. Proclamation declaring the month of October 2003 as "Crime Prevention Month" in the County of Roanoke 1 D E. F. BRIEFINGS 1. Introduction of Teresa Hamilton Hall, Public Information Officer. (Elmer Hodge, County Administrator) 2. Briefing from Economic Development Department regarding existing business program. (Doug Chittum, Director of Economic Development) NEW BUSINESS Request to accept and appropriate grant in the amount of $464,242 from the Federal Emergency Management Agency (FEMA) to the Fire and Rescue Department for the purchase of new firefighting breathing apparatus. (Richard E. Burch, Chief of Fire and Rescue) 2. Resolution requesting that the Governor of Virginia designate Roanoke County as a rima disaster area due to this year's excessive rainfall and moisture. (Jonathan M. Vest, Extension Agent) 3. Resolution pursuant to Sections 15.2-1900 through 15.2-1907, and Title 25.1 - eminent domain, of the Code of Virginia (1950, as amended), to authorize eminent domain proceedings for the acquisition of, and immediate right of entry to, a permanent 20' sanitary sewer easement, together with the right of access and two 10' temporary construction easements, upon the private park in Highfields Subdivision (Tax Map No. 86.11-04-48), being owned in undivided interests by all of the Highfields lot owners. (Gary Robertson, Utility Director) FIRST READING OF ORDINANCES 1. First reading of an ordinance authorizing the creation of and financing for a local public works improvement project including acquisition of easements - Club Lane Sewer Line Extension, Windsor Hills Magisterial District. (Gary Robertson, Utility Director) 2. First reading of an ordinance approving and authorizing the execution of a cable television franchise agreement by and between the County of Roanoke, Virginia and CoxCom, Inc., d/b/a Cox Communications Roanoke. (Joseph B. Obenshain, Senior Assistant County Attorney) 3. First reading of an ordinance to vacate portions of a 15' sanitary sewer easement, a 15' water line easement, and a 5' public utility easement upon Lots 15 and 16, Plat of Section No. 2, Quail Ridge, recorded in Plat Book 26, Page 3, and resubdivided by Plat of Section No. 2, Quail Ridge, recorded in Plat Book 26, Page 197, Cave Spring Magisterial District. (Arnold Covey, Director of Community Development) 2 4. First reading of an ordinance to vacate a portion of an existing 10' public utility easement between Lots 22, 23, 24 and 25 dedicated in Plat Book 3, Page 1, Tinker Knoll, Hollins Magisterial District. (Arnold Covey, Director of Community Development) 5. First reading of an ordinance amending ordinance 121900-3 enlarging a local public works improvement project, Webster Road water project, and authorizing financing. (Paul Mahoney, County Attorney) 6. First reading of an ordinance amending the Roanoke County Code by the amendment of Section 2-7. "Reimbursement of Expenses Incurred for Emergency Response". (Paul Mahoney, County Attorney) G. SECOND READING OF ORDINANCES H. APPOINTMENTS 1. Grievance Panel 2. Industrial Development Authority 3. Virginia Western Community College Board CONSENT AGENDA ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED BY THE BOARD TO BE ROUTINE AND WILL BE ENACTED BY ONE RESOLUTION IN THE FORM OR FORMS LISTED BELOW. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY. 1. Approval of minutes -September 23 and September 30, 2003 2. Confirmation of appointment to the Virginia Western Community College Board 3. Request from Police Department to accept and appropriate grant from the Department of Criminal Justice Services in the amount of $5,025 for use by the Roanoke Valley Triad for purchase of 19 Project Lifesaver bracelets 4. Request from Roanoke County Schools to accept and appropriate E-Rate reimbursement funds in the amount of $2,018.88 for purchase of instructional equipment 3 5. Request from Roanoke County Schools to accept and appropriate grant in the amount of $1,500 from the Virginia Commission for the Arts for arts curriculum development 6. Request from Roanoke County Schools to accept and appropriate grant in the amount of $1,966 for purchase of assistive technology equipment and materials for students with disabilities 7. Designation of voting delegate to the Virginia Association of Counties (VACo) conference to be held November 9-11, 2003 8. Resolution expressing the appreciation of the Board of Supervisors of Roanoke County upon the retirement of Cecil Showalter, General Services Department, after sixteen years of service 9. Resolutions expressing the appreciation of the Board of Supervisors of Roanoke County upon the retirement of the following individuals in the Sheriff's Office: (a) Michael J. Simpson after twenty-seven years of service (b) Arthur L. Lee after twenty-six years of service 10. Request from Police Department to accept and appropriate grant in the amount of $2,100 from the Department of Motor Vehicles (DMV) for police officers to work DUI checkpoints 11. Request from Fire and Rescue Department to accept and appropriate grant in the amount of $7,900 from the Virginia Fire Services for construction of a trench rescue simulator 12. Request to accept South Concourse Drive into the Virginia Department of Transportation (VDOT) secondary system, Hollins Magisterial District 13. Request to approve holiday schedule for 2004-2006 14. Request from the Roanoke County School Board to proceed with the donation of surplus real estate to Habitat for Humanity J. REQUESTS FOR WORK SESSIONS K. REQUESTS FOR PUBLIC HEARINGS L. CITIZENS' COMMENTS AND COMMUNICATIONS 4 M. REPORTS 1. General Fund Unappropriated Balance 2. Capital Fund Unappropriated Balance 3. Board Contingency Fund 4. Future Capital Projects 5. Statement of the Treasurer's accountability per investment and portfolio policy as of September 30, 2003 6. Report from VDOT of changes to the secondary road system in August 2003 7. Clean Valley Council N. REPORTS AND INQUIRIES OF BOARD MEMBERS O. BRIEFING - 5:00 p.m. 1. Briefing by John L. Brownlee, United States Attorney P. WORK SESSIONS (4th Floor Conference Room) - 5:30 p.m. 1. Work session to discuss the implementation of an electronic records management system in the Board of Supervisors and Clerk to the Board of Supervisor's Offices. (Diane S. Childers, Clerk to the Board) 2. Work session to discuss Virginia's Explore Park. (Pete Haislip, Director of Parks, Recreation and Tourism; Debbie Pitts, Assistant Director of Recreation) 3. Work session to consider boundary line adjustments with the City of Roanoke. (Paul Mahoney, County Attorney) 4. Work session to consider topics of discussion for joint meeting with Roanoke City Council scheduled for October 17, 2003 concerning the proposed Regional Water and Wastewater Authority. (Paul Mahoney, County Attorney) Q. CLOSED MEETING R. CERTIFICATION RESOLUTION 5 S. ADJOURNMENT Adjourn to Friday, October 17 at 9:30 a.m., Roanoke County Administration Center, 4th floor conference room, for the purpose of attending a joint meeting with the City of Roanoke to discuss the proposed regional water and wastewater authority. 6 ~. ACTION NO. ITEM NO. C - ~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: October 14, 2003 AGENDA ITEM: Joint proclamation declaring October 19 through 25, 2003 as "Building Character Week" in the Roanoke Valley SUBMITTED BY: Diane S. Childers Clerk to the Board APPROVED BY: Elmer C. Hodge ~~ County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Mr. Stuart Harris, founder of the Greater Roanoke Valley Character Coalition (GRVCC), has requested that we prepare the attached joint proclamation for endorsement by the Counties of Roanoke and Franklin, Cities of Roanoke and Salem, and the Town of Vinton. Mr. Harris has invited Chairman McNamara; Mayor Smith, City of Roanoke; Vice-Mayor Brown, City of Salem; Mayor Davis, Town of Vinton; and Chairman Angell, Franklin County, to attend a meeting on October 15, 2003, to formally sign the proclamation. ., ~- AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, OCTOBER 14, 2003 JOINT PROCLAMATION DECLARING OCTOBER 19 THROUGH 25, 2003, AS BUILDING CHARACTER WEEK IN THE ROANOKE VALLEY WHEREAS, the parents, citizens and leaders of the Roanoke Valley realize our next generation can create a community with an ever improving quality of living and set an example for the region and the world as we head into a crucial time for humankind; and WHEREAS, the extraordinary nature and demands of these times will challenge members of our community to be extraordinary citizens with strong moral character and a clear understanding of what it means to bean involved and compassionate human being; and WHEREAS, our schools in the Roanoke Valley are working to instill these six character traits, also cited by Virginia Law, into the young persons of our community: RESPONSIBILITY, RESPECT, CARING, TRUSTWORTHINESS, FAIRNESS, and CITIZENSHIP; and WHEREAS, these six traits of character are fundamental to all human beings regardless of cultural, religious, or socio-economic differences; and WHEREAS, it is the duty of all parents and families and also of all responsible community members to set good examples and to provide young persons with opportunities of service and to develop high moral standards and create value systems that will serve them well in living their lives and reaching their full potential; and WHEREAS, the Greater Roanoke Valley Character Coalition (Valley Character.org) is working to improve life in our community by supporting the building of character and 1 -. supporting those working for improvement of our neighborhoods and to ease suffering and injustice for our citizens. NOW THEREFORE, WE, the undersigned, do hereby proclaim October 19 to 25, 2003, as BUILDING CHARACTER WEEK in the Roanoke Valley, coinciding with National CHARACTER COUNTS! Week; and FURTHER, We call upon parents, families, leaders, citizens, schools, youth organizations, faith-based groups, businesses, community groups, government agencies and all others to model good practices; engage in discussions about people of extraordinary character; acknowledge local individuals who exemplify such character; encourage young persons to be active in serving their community through volunteerism and provide opportunities for young persons to cultivate their character and their futures through education, public-service, and community involvement. 2 w ACTION NO. ITEM NO. C~ -~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: October 14, 2003 AGENDA ITEM: Proclamation declaring the month of October 2003 as "National Arts and Humanities Month" in the County of Roanoke APPROVED BY: Elmer C. Hodge ~~ County Administrator 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 2003 as National Arts and Humanities Month in Roanoke County. For the tenth year, mayor and public officials across America have proclaimed 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 Roanoke region non-profit arts and cultural industry contributes $26 million in economic activity annually. ~~, ~~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, OCTOBER 14, 2003 PROCLAMATION DECLARING THE MONTH OF OCTOBER 2003 AS NATIONAL ARTS AND HUMANITIES MONTH IN THE COUNTY OF ROANOKE 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, the Roanoke region cultural industry serves 50 school districts and 300,000 children annually; and 1 w 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 Board of Supervisors of Roanoke County, Virginia, do hereby proclaim the month of October as NATIONAL ARTS AND HUMANITIES MONTH in Roanoke County; and FURTHER, we call upon the citizens of Roanoke County to celebrate and promote the arts and culture in our nation and to specifically encourage the greater participation of children in educational programs and activities in the arts and humanities. 2 ~Otl~ ~Df~dtl~l'Ip~ DECLARING OCTOBER 19 THROUGH OCTOBER 25, 2003, AS BUILDING CHARACTER WEEK IN THE ROANOKE VALLEY WHEREAS, the parents, citizens and leaders of the Roanoke Valley realize our next generation can create a community with an ever-improving quality of living and set an example for the region and the world as we head into a crucial time for humankind; and WHEREAS, the extraordinary nature and demands of these times will challenge members of our community to be extraordinary citizens with strong moral character and a clear understanding of what it means to be an involved and compassionate human being; and WHEREAS, our schools in the Roanoke Valley are working to instill these six character traits, also cited by Virginia Law, into the young persons of our community: RESPONSIBILITY, RESPECT, CARING, TRUSTWORTHINESS, FAIRNESS, and CITIZENSHIP; and WHEREAS, these six traits of character are fundamental to all human beings regardless of cultural, religious, or socio-economic differences; and WHEREAS, it is the duty of all parents and families and also of all responsible community members to set good examples and to provide young persons with opportunities of service and to develop high moral standards and create value systems that will serve them well in living their lives and reaching their full potential; and WHEREAS, the Greater Roanoke Valley Character Coalition (Valley Character.org) is working to improve life in our community by supporting the building of character and supporting those working for improvement of our neighborhoods and to ease suffering and injustice for our citizens. NOW THEREFORE, WE, the undersigned, do hereby proclaim October 19 through October 25, 2003, as BUILDING CHARACTER WEEK in the Roanoke Valley, coinciding with National CHARACTER COUNTS! Week; and FURTHER, We call upon parents, families, leaders, citizens, schools, youth organizations, faith-based groups, businesses, community groups, government agencies and all others to model good practices; engage in discussions about people of extraordinary character; acknowledge local individuals who exemplify such character; encourage young persons to be active in serving their community through volunteerism and provide opportunities for youncr persons to cultivate their character and their futures through education, public-service, and community involvement. Joseph McNamara, Chair Roanoke County Board of Supervisors Alexander H. Brown Vice-Mayor, City of Salem Ralph K. Smith, Mayor City of Roanoke Donald L. Davis, Mayor Town of Vinton W. Wayne Angell, Chair Franklin County Board of Supervisors ACTION NO. ITEM NO. G AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: October 14, 2003 AGENDA ITEM: Proclamation declaring the week of October 5 through 11, 2003, as Fire Prevention Week APPROVED BY: Elmer C. Hodge, Jr. ~~~ County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Fire Prevention Week was established as a result of the devastation brought about by the Great Chicago Fire, which began on October 8, 1871, and lasted for 27 hours. The most damage was incurred on the following day, October 9, 1871, which is the date most often recognized with the tragic conflagration. The Great Chicago Fire killed more than 250 people, left 100,000 homeless, destroyed more than 17,400 structures and burned more than 2000 acres. In 1920, President Woodrow Wilson issued the first National Fire Prevention Day proclamation and since 1922, National Fire Prevention Week has been observed on the Sunday through Saturday period in which October 9 falls. Fire Prevention Week will be observed on October 5 through 11, 2003. According to the National Archives and Records Administration's Library Information Center, Fire Prevention Week is the longest running public health and safety observance on record. The President of the United States has signed a proclamation pronouncing a national observance during that week every year since 1925. The theme for Fire Prevention Week 2003 is "When Fire Strikes: Get Out! Stay Out!" The proclamation will be accepted by Chief Rick Burch, Captain Gary Huffman, and Freddie the Fire Engine. Various activities were held by individual stations to commemorate Fire Prevention Week. s t y k ~~3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, OCTOBER 14, 2003 PROCLAMATION DECLARING OCTOBER 5 THROUGH OCTOBER 11, 2003, AS FIRE PREVENTION WEEK IN ROANOKE COUNTY WHEREAS, fire can spread rapidly through someone's home, leaving them as little as two minutes to escape safely; and WHEREAS, smoke alarms are the most effective early warning devices available and having a properly maintained smoke alarm in the home reduces the risk of dying in a fire nearly in half; and WHEREAS, developing a home fire escape plan that everyone in the family is familiar with and practicing it at least twice a year are critical to escaping a fire safely; and WHEREAS, the fire service of Roanoke County is dedicated to the safety of life and property from the devastating effects of fire; and is joined by other concerned citizens of Roanoke County, and other emergency service providers and safety advocates, businesses, schools, service clubs, and organizations in their fire safety efforts. NOW, THEREFORE, WE, the Board of Supervisors of Roanoke County, Virginia, do hereby proclaim the week of October 5 through October 11, 2003, as FIRE PREVENTION WEEK in Roanoke County and recognize this week in commemoration of the Great Chicago Fire of 1871, which killed more than 250 persons, left 100,000 homeless, and destroyed more than 17,400 buildings; and FURTHER, we call upon the citizens of Roanoke County to participate in fire prevention activities at home, work, and school, and to take the steps needed to make their homes and families safe in the event of a fire and remember this year's Fire Prevention Week slogan "When Fire Strikes: Get Out And Stay Out." 1 ACTION NO. ITEM NO. ~' AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: October 14, 2003 AGENDA ITEM: Proclamation declaring the month of October, 2003 as Crime Prevention Month in the County of Roanoke SUBMITTED BY: Diane S. Childers Clerk to the Board APPROVED BY: Elmer C. Hodge ~'~~ County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: In 1984, the National Crime Prevention Council, the nation's focal point for preventing crime, designated October as Crime Prevention Month. The month-long celebration recognizes successful crime prevention efforts on the local, state, and national levels to generate interest and enthusiasm for prevention efforts to continue to grow even stronger and become more widespread. The Board has been asked to proclaim October as Crime Prevention Month in the County of Roanoke. Accepting the proclamation will be Ray Lavinder, Chief of Police; Rick Crosier, Crime Prevention Officer, and McGruff, the Crime Prevention Dog. C ~/ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, OCTOBER 14, 2003 PROCLAMATION DECLARING THE MONTH OF OCTOBER 2003, AS CRIME PREVENTION MONTH IN THE COUNTY OF ROANOKE WHEREAS, the vitality of Roanoke County depends on how safe we keep our homes, neighborhoods, schools, workplaces and communities; and WHEREAS, crime and fear of crime destroy our trust in others and in institutions, threatening the community's health, prosperity and quality of life; and WHEREAS, people of all ages must be made aware of what they can do to prevent themselves, their families, neighbors and co-workers from being harmed by crime, violence and drugs; and WHEREAS, the personal injury, financial loss and community deterioration resulting from crime are intolerable, and require investment from the whole community; and WHEREAS, crime prevention initiatives must include self-protection and security, but they must go beyond these to promote collaborative efforts to make neighborhoods safer for all ages and to develop positive opportunities for young people; and WHEREAS, adults must invest time, resources and policy support in effective prevention and intervention strategies for youth, and teens must be engaged actively in driving crime from their communities; and WHEREAS, effective crime prevention programs excel because of partnerships among law enforcement, other government agencies, civic groups, schools, faith communities, businesses and individuals as they help to nurture communal responsibility and instill pride. 1 _(/ NOW, THEREFORE, WE, the Board of Supervisors of Roanoke County, Virginia, on behalf of all of its citizens, do hereby proclaim the month of October 2003, as CRIME PREVENTION MONTH in the County of Roanoke; and FURTHER, the Board of Supervisors urges all citizens, government agencies, public and private institutions and businesses to invest in the power of prevention and work together for the common good of all citizens and their safety. 2 ACTION NO. ITEM NO. D- ~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: October 14, 2003 AGENDA ITEM: Introduction of Teresa Hamilton Hall as the new Public Information Officer for Roanoke County SUBMITTED BY: Elmer C. Hodge ~~"~ County Administrator SUMMARY OF INFORMATION: am pleased to announce that Teresa Hamilton Hall has joined the County staff as the new Public Information Officer. Teresa has 12-years experience in television news. The last nine years were spent at WDBJ Television in Roanoke where she worked as a reporter and weekend anchor. She is also an adjunct professor at Virginia Tech where she teaches public speaking and public relations courses. She grew up in the Blacksburg area and graduated from Virginia Tech in 1991 with a degree in Communication Studies. Shortly after graduation, she began work at WWA Television in Bluefield, WV. She joined WDBJ in the fall of 1994, as the station's Danville bureau chief. Teresa also worked in WDBJ's Blacksburg newsroom before transferring to the station's Roanoke newsroom as weekend anchor. Teresa lives in the Glenvar area of Roanoke County with her husband, Shannon, and their five- month old son, Derrick. She has a great combination of experience, talent, integrity, and love of community that will make her an excellent resource for the citizens of Roanoke County. She will be a tremendous asset to the County staff. Please join me in welcoming Teresa as part of our team. r ~t ACTION NO. ITEM NO. O - a AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: October 14, 2003 AGENDA ITEM: Briefing from Economic Development Department regarding existing business program SUBMITTED BY: Douglas Chittum Director of Economic Development APPROVED BY: Elmer C. Hodge £~ County Administrator COUNTY ADMINISTRATOR'S COMMENTS: This will be the first time that we have brought existing businesses to the Board for recognition as a result of innovative changes or expansions. We want to continue doing this in the future on a quarterly basis to recognize other existing businesses. When new companies locate in Roanoke County, we introduce them to the Board at a meeting such as this, and we want to give equal support to our existing business program. We are always pleased when new companies choose our locality for their business locations, and we are equally pleased with the successes of those businesses already operating in Roanoke County. You will also see that we recognize and appreciate small businesses, as well as larger ones. I commend the staff for the development of the existing business program. SUMMARY OF INFORMATION: Staff would like to take this opportunity to brief the Board of Supervisors on the activities and successes of the existing business program which are outlined below. Ali Khan of Precision Fabrics Group and B. A. "Buddy" Smith of Atlas Cold Storage will be present at the meeting to comment on their expansion and information technology project upgrades. • RR Donnelley in Fortune Magazine • Southern States, ITT Night Vision, and Novozymes Biologicals were recognized at the VA Manufacturing Association meeting for the Governor's Environmental Excellence Awards • Completed 5 Magisterial District Roundtable meetings for the second year in a row and gearing up to begin the third year • Begin broadcasting our 6tH television program of Roanoke County Business Partners on Tuesday, September 30tH ~. l~ -~~~.,~,. • Released the 5th electronic newsletter on Tuesday, October 7th to approximately 500 business partners. • Two partners, Precision Fabrics Group and Atlas Cold Storage, have jointly received approximately $100,000 in training and retraining funds from Virginia's Workforce Services Program for their investment in new technology, new equipment, and building expansion. • Novozymes Biologicals has been named Biotech Business of the Year by the VA Biotechnology Association and is currently constructing a 7,000 SF expansion of their Research & Development building. • The Existing Businesses Program assisted business partners who created an investment of approximately $28,000,000 in FY2002-2003 which translates into 180,900 SF of new business space and 127 jobs created. FISCAL IMPACT: Existing business activities are funded through the annual budget process. ACTION N0. A-101403-1 ITEM NO. E-1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: October 14, 2003 AGENDA ITEM: Request to accept and appropriate grant in the amount of $464,242 from the Federal Emergency Management Agency (FEMA) to the Fire and Rescue Department for the purchase of new firefighting breathing apparatus SUBMITTED BY: Richard E. Burch Chief of Fire and Rescue APPROVED BY: Elmer C. Hodge County Administrator COUNTY ADMINISTRATOR'S COMMENTS: Recommend approval. This is a significant grant for a much needed purpose. Also, please note the benefits realized from regional purchasing. We have had requests from several volunteer fire and rescue units in neighboring localities to use our older equipment. While the older equipment is outdated, some useful life is left and it is better than the equipment most of the smaller localities have in place. There is no trade-in value or resale market for the equipment, and we would like to donate it to neighboring and other localities that we work with. SUMMARY OF INFORMATION: The Fire and Rescue Department applied for and was awarded $464,242 in grant funding through the Federal Emergency Management Agency (FEMA), FIRE ACT Grant Program to replace the entire firefighting breathing apparatus or SCBA system. The FIRE ACT is a federally funded grant program intended to provide local jurisdictions with funding to enhance current firefighting capabilities. The total cost to replace the breathing apparatus is $663,202, and the grant is a 70/30 matching program. Roanoke County participated in a regional bid process with the City of Roanoke for the purchase of the new equipment. As a result, staff was able to budget for the matching 30% in the amount of $198,960 during the 2002-2003 budget process. The breakdown of costs for equipment replacement is as follows: The current SCBA equipment has been in service since the early 1980's and can no longer be upgraded. In addition, the existing units are no longer approved by the National Institute of Occupational Safety and Health (NIOSH) and do not provide the level of safety to responders necessary in the changing world. Today's responders increasingly face the threat of bio-terrorism, and the need to replace the obsolete system is now critical. The new breathing apparatus will meet all new federal standards to protect Roanoke County's firefighters from the dangers that they face. Mutual aid is also a major factor in the need to replace the current system. The City of Salem and City of Roanoke have been awarded similar grants and are in the process of replacing their air packs with new ones. In order to maintain interoperability in a mutual aid response, the County's system must also be replaced. Staff has received the training air packs and has begun the process to convert to the new system. This involves training and certification of each career and volunteer responder. A train-the-trainer program is being conducted in October, with the actual training of the career and volunteer personnel scheduled to be completed by the end of November. The remainder of the 175 SCBA packs should arrive in mid-November. These units must be tested before being placed in service. The month of December will be used to complete the testing and to install the new air packs on the apparatus. The new system is scheduled to be in service in January 2004. FISCAL IMPACT: The federal grant funds 70% of the program, with Roanoke County funding the remaining balance of $198,960 from the previously approved funds held for the Fire and Rescue Department. STAFF RECOMMENDATION: Staff recommends acceptance and appropriation of grant funds in the amount of $464,242 to the Fire and Rescue Department from the Federal Emergency Management Agency (FEMA) to purchase new firefighting breathing apparatus that meets current standards. Due to the outdated status of the existing air pack system, staff also recommends that the Board authorize the County Administrator, or his representative, to dispose of the old units in an appropriate manner, including the consideration of donating the units to another department. 2 VOTE: Supervisor McNamara motion to approve staff recommendation Motion Approved Yes No Abs Mr. Flora ® ^ ^ Mr. Church ® ^ ^ Mr. Minnix ® ^ ^ Mr. Altizer ® ^ ^ Mr. McNamara ® ^ ^ cc: File Richard E. Burch, Chief of Fire and Rescue Diane D. Hyatt, Chief Financial Officer Rebecca Owens, Director, Finance 3 A 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 14, 2003 AGENDA ITEM: Request to accept and appropriate grant in the amount of $464,242 from the Federal Emergency Management Agency (FEMA) to the Fire and Rescue Department for the purchase of new firefighting breathing apparatus SUBMITTED BY: Richard E. Burch Chief of Fire and Rescue APPROVED BY: Elmer C. Hodge County Administrator COUNTY ADMINISTRATOR'S COMMENTS: Recommend approval. This is a significant grant for a much needed purpose. Also, please note the benefits realized from regional purchasing. We have had requests from several volunteer fire and rescue units in neighboring localities to use our older equipment. While the older equipment is outdated, some useful life is left and it is better than the equipment most of the smaller localities have in place. There is no trade-in value or resale market for the equipment, and we would like to donate it to neighboring and other localities that we work with. SUMMARY OF INFORMATION: The Fire and Rescue Department applied for and was awarded $464,242 in grant funding through the Federal Emergency Management Agency (FEMA), FIRE ACT Grant Program to replace the entire firefighting breathing apparatus or SCBA system. The FIRE ACT is a federally funded grant program intended to provide local jurisdictions with funding to enhance current firefighting capabilities. The total cost to replace the breathing apparatus is $663,202, and the grant is a 70/30 matching program. Roanoke County participated in a regional bid process with the City of Roanoke for the purchase of the new equipment. As a result, staff was able to budget for the matching 30% in the amount of $198,960 during the 2002-2003 budget process. The breakdown of costs for equipment replacement is as follows: ,, ~~' E ui m~rwt ~ Quanti Unit Cost Total Cost SCBA ands are c tinders 175 $3,300 $577,500 RIT acks 4 2,000 8,000 Fill station bottles/hoses/hardware 17,352 Brackets 29,750 Masks 102 300 30,600 TOTAL $663,202 The current SCBA equipment has been in service since the early 1980's and can no longer be upgraded. In addition, the existing units are no longer approved by the National Institute of Occupational Safety and Health (NIOSH) and do not provide the level of safety to responders necessary in the changing world. Today's responders increasingly face the threat of bio-terrorism, and the need to replace the obsolete system is now critical. The new breathing apparatus will meet all new federal standards to protect Roanoke County's firefighters from the dangers that they face. Mutual aid is also a major factor in the need to replace the current system. The City of Salem and City of Roanoke have been awarded similar grants and are in the process of replacing their air packs with new ones. In order to maintain interoperability in amutual aid response, the County's system must also be replaced. Staff has received the training air packs and has begun the process to convert to the new system. This involves training and certification of each career and volunteer responder. A train-the-trainer program is being conducted in October, with the actual training of the career and volunteer personnel scheduled to be completed by the end of November. The remainder of the 175 SCBA packs should arrive in mid-November. These units must be tested before being placed in service. The month of December will be used to complete the testing and to install the new air packs on the apparatus. The new system is scheduled to be in service in January 2004. FISCAL IMPACT: The federal grant funds 70% of the program, with Roanoke County funding the remaining balance of $198,960 from the previously approved funds held for the Fire and Rescue Department. STAFF RECOMMENDATION: Staff recommends acceptance and appropriation of grant funds in the amount of $464,242 to the Fire and Rescue Department from the Federal Emergency Management Agency (FEMA) to purchase new firefighting breathing apparatus that meets current standards. Due to the outdated status of the existing air pack system, staff also recommends that the Board authorize the County Administrator, or his representative, to dispose of the old units in an appropriate manner, including the consideration of donating the units to another department. 1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, OCTOBER 14, 2003 RESOLUTION 101403-2 REQUESTING THAT THE GOVERNOR OF VIRGINIA DESIGNATED ROANOKE COUNTY AS A PRIMARY DISASTER AREA DUE TO THIS YEAR'S EXCESSIVE RAINFALL AND MOISTURE WHEREAS, widespread excessive rainfall and moisture were experienced in Roanoke County resulting in severe distress and hardship for the County's agricultural community; and WHEREAS, the excessive rainfall and moisture has resulted in more than $500,000, in damage to greenhouse/nursery ornamentals, vegetables, corn silage, hay, and other crops on 16,000 acres of farm land; and WHEREAS, crop losses are putting severe financial pressures on Roanoke County farmers. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County, Virginia, does hereby petition the Honorable Mark R. Warner, Governor of the Commonwealth of Virginia, to request that the United States Secretary of Agriculture designate Roanoke County as a primary disaster area due to excessive rainfall and moisture to provide the means for those affected to excessive rainfall and moisture to provide the means for those affected to qualify for available relief assistance. On motion of Supervisor McNamara to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara NAYS: None 1 A COPY TESTE: , Diane S. Childers Clerk to the Board of Supervisors cc: File The Honorable Mark R. Warner, Governor of Virginia Jonathan M. Vest, Extension Agent John Chambliss, Assistant County Administrator I hereby certify that the foregoing is a true and correct copy of Resolution 101403-2 adopted by the Roanoke County Board of Supervisors by a unanimous recorded vote on October 14, 2003. Brenda J. Holton, CMC Deputy Clerk 2 ACTION NO. ITEM NO. F - AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: October 14, 2003 AGENDA ITEM: Resolution requesting that the Governor of Virginia designate Roanoke County as a primary disaster area due to this year's excessive rainfall and moisture SUBMITTED BY: Jonathan M. Vest Extension Agent APPROVED BY: Elmer C. Hodge ~~»~"' f~°o1~`" County Administrator COUNTY ADMINISTRATOR'S COMMENTS: d'~,ccn'"mr~..0 SUMMARY OF INFORMATION: The rainfall during the spring and summer of 2003 had mixed impacts on the farming community of Roanoke County. The rainfall helped recharge ponds, streams, springs, and ground water. Unfortunately, a number of crops were adversely affected by the rain and excessive moisture. Vegetable crops were damaged because rains delayed planting, drowned plants, and increased plant diseases. This in turn caused yields below normal. Corn yields will also be below normal due to excessive moisture. Most fields were planted late due to extreme moisture and most planting spots drowned. Excessive moisture and overcast skies were not conducive to growing conditions. Hay quality will also be affected because of the short growing season and late harvesting. Excessive rain again damaged existing plants. Some producers were not able to make the first cutting on most fields until August or September because the fields were extremely wet which in turn made it dangerous for machinery. Some farmers will have large quantities of hay but the quality will be extremely low, again due to excessive rains. Last year the United States Department of Agriculture (USDA) programs made provisions for hay quality. ~G a Other crops were also affected by excessive moisture. Producers had problems applying crop protection products, which caused disease, rotting, and splitting problems. The chart below shows the precipitation totals for Roanoke and the surrounding areas for 2003: Roanoke Jan Feb Mar A r Ma Jun Jul Au Set Oct Nov Dec TOTAL 2003 1.44 5.8 3.52 4.99 10.11 6.31 2.86 NA NA NA NA NA MEAN 2.93 3.15 3.65 3.27 3.9 3.48 3.76 3.93 3.45 3.15 2 2.97 39.64 In order to be considered for any available programs, the local governing body must adopt a resolution (copy attached) requesting that the Governor issue a disaster declaration for the area before farmers can qualify for emergency loans or other assistance. FISCAL IMPACT: None. If funding becomes available through Congressional action, the program will be administered through the USDA. STAFF RECOMMENDATION: Staff recommends the adoption of the attached resolution asking the Governor to request the United States Secretary of Agriculture to designate Roanoke County as a primary disaster area due to excessive rainfall and moisture to provide the means for those affected to qualify for available relief assistance. 2 ~ ~ 4 ~a AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, OCTOBER 14, 2003 RESOLUTION REQUESTING THAT THE GOVERNOR OF VIRGINIA DESIGNATED ROANOKE COUNTY AS A PRIMARY DISASTER AREA DUE TO THIS YEAR'S EXCESSIVE RAINFALL AND MOISTURE WHEREAS, widespread excessive rainfall and moisture were experienced in Roanoke County resulting in severe distress and hardship for the County's agricultural community; and WHEREAS, the excessive rainfall and moisture has resulted in more than $500,000, in damage to greenhouse/nursery ornamentals, vegetables, corn silage, hay, and other crops on 16,000 acres of farm land; and WHEREAS, crop losses are putting severe financial pressures on Roanoke County farmers. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County, Virginia, does hereby petition the Honorable Mark R. Warner, Governor of the Commonwealth of Virginia, to request that the United States Secretary of Agriculture designate Roanoke County as a primary disaster area due to excessive rainfall and moisture to provide the means for those affected to excessive rainfall and moisture to provide the means for those affected to qualify for available relief assist T AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, OCTOBER 14, 2003 RESOLUTION 101403-3 PURSUANT TO SECTIONS 15.2-1900 THROUGH 15.2 -1907, AND TITLE 25.1 -EMINENT DOMAIN, OF THE CODE OF VIRGINIA (1950, AS AMENDED), TO AUTHORIZE EMINENT DOMAIN PROCEEDINGS FOR THE ACQUISITION OF, AND IMMEDIATE RIGHT OF ENTRY TO, A PERMANENT 20' SANITARY SEWER EASEMENT, TOGETHER WITH THE RIGHT OF ACCESS AND TWO 10' TEMPORARY CONSTRUCTION EASEMENTS, UPON THE PRIVATE PARK IN HIGHFIELDS SUBDIVISION (TAX MAP #86.11-04-0~8), BEING OWNED IN UNDIVIDED INTERESTS BY ALL OF THE HIGHFIELDS LOT OWNERS BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That a permanent sanitary sewer easement, twenty feet (20') in width and consisting of 6,667 square feet, is necessary for public use in connection with a Roanoke County project, known as the Roselawn Sanitary Sewer Extension Project and/or the Roselawn Off-Site Sewer Project, to extend gravity sanitary sewer service to an area of the County containing approximately 700 acres of property located in the drainage area along Roselawn Road, said project having been previously approved and authorized by Ordinance #032503-9 adopted by this Board on March 25, 2003. 2. That the project is necessary for the general health, safety and welfare of the public, and specifically is necessary to enable the County of Roanoke to provide sanitary sewer service to new and existing residences in the service area through a gravity line, which will further eliminate the additional costs to the public of operating and maintaining existing and future lift stations. 1 ~ ' ~ I 3. That acquisition of a permanent 20'sanitary sewer easement, with the right of access and two 10' temporary construction easements, is required to construct, install, improve, operate, inspect, use, maintain, and repair or replace a sanitary sewer system and related improvements, together with the right of ingress and egress thereto from a public road, upon, over, under, and across a "Private Park" owned by the Owner or Owners of Lots in Highfields, and designated upon the Roanoke County Land Records as Tax Map #86.11-04-48. 4. That this easement is one of a series of easements required for the project and is the only remaining easement to be acquired. 5. That this easement is necessary to the Project, as its location is the lowest point in the service area, which is required for the proper design and operation of the gravity sewer system. 6. That the easement required for this project is through the "Private Park" property in Highfields Subdivision, located on Lakedale Road in the Windsor Hills Magisterial District of the County of Roanoke, Virginia, owned in equal and undivided interests by the owner or owners of each lot as shown on the map of Highfields Subdivision, and is more particularly described as follows: A perpetual RIGHT and EASEMENT, of 6,667 square feet and being twenty feet (20') in width, to construct, install, improve, operate, inspect, use, maintain, and repair or replace a sanitary sewer system, together with related improvements, including slope(s), if applicable, together with the right of ingress and egress thereto from a public road, upon, over, under, and across a tract or parcel of land belonging to the owners of the lots in Highfields Subdivision, shown and designated as "PRIVATE PARK" upon the Map of Highfields, dated January 21, 1957, of record in the Clerk's Office of the Circuit Court for Roanoke County, Virginia, in Map 2 Book 3, page 247, and designated on the Roanoke County Land Records as Tax Map No. 86.11-04-48. The location of said easement is more particularly described on the plat attached hereto as "Exhibit A" and by reference incorporated herein. TOGETHER WITH temporary construction easements totaling 6,670 square feet, and being ten feet (10') in width on each side of the permanent easement described above, for use as temporary work space and to allow for necessary grading and storage during any phase of construction, reconstruction, repair or replacement within the easement area. The locations of the temporary construction easements are shown cross-hatched and designated as "NEW 10' T.C.E." on Exhibit A attached hereto. 7. That the fair market value of the permanent sanitary sewer easement, together with right of access and the temporary construction easements, is $891.00. 8. That $891.00 has been divided by the total of thirty-two (32) tax parcels in the subdivision, for a value of $27.84 per parcel. The lot owners have been offered, and are hereby re-offered, $27.84 for each tax parcel owned to acquire their undivided interest in the easement. 9. That one parcel (well lot) is owned by the County of Roanoke and the interests of the owners of sixteen (16) parcels have been acquired by purchase. 10. That the interests of the following owners of sixteen (16) lots, referenced by tax parcel number, remain to be acquired and the County has been unable to agree on the compensation to be paid or other terms of purchase or settlement with said owners: Tax Parcel # Owner s 86.11-4-10 Carolyn Davis and Thomas Howard Beasley, II 86.11-4-11 Paula M. Beman 86.11-4-14 James Parsons Maddox and Clara J. Maddox 86.11-4-15 Vann G. and Florence A. Flowers 3 , r 86.11-4-16 86.11-4-17 86.11-4-20 86.11-4-21 86.11-4-30 86.11-4-32 86.11-4-34 & 35 86.11-4-36 86.11-4-39 86.11-4-40 & 41 Randal L. Downs Henry B. Bell Gary and Carol L. Sternes Robert L. Haynes, Jr. Philip Trompeter David R. and Bonnie Wall Lievsay Daniel J. and Diane D. Fair Eugene H. Connelly John D. Sledd and Poarch Giles Sledd David W. Wimberly, Sr. 11. That the acquisition of the undivided interests of the above-described lot owners, by condemnation or otherwise, is hereby authorized and approved for public use, namely the 20' sanitary sewer easement, together with the right of access and the two 10' temporary construction easements, on the "Private Park" in Highfields. 12. That it is immediately necessary for the County to enter upon and take possession of the easement and commence construction of said sanitary sewer extension and related improvements to complete the work during the current construction season, to avoid additional costs to the public associated with delaying the contractor, and to ensure timely availability of sanitary sewer service to the citizens of Roanoke County. 13. That a certified copy of this resolution, to be sent by certified mail to each of the property owners specified in paragraph 10 on or before October 20, 2003, shall constitute notice to said property owner of the offer to purchase as set forth herein and the County's intent to enter upon and take possession of the subject easements to commence construction, as provided for in Sections 15.2-1902, 15.2-1904 and 15.2- 1905, and Chapter 3 of Title 25.1 of the Code of Virginia (1950, as amended). 4 14. That the Roselawn Sanitary Sewer Extension account is hereby designated as the fund from which the purchase price or the judgment of the court in condemnation proceedings shall be paid to the respective property owners. 15. That the Board does hereby invoke all and singular the rights, privileges, and provisions as to the vesting of powers in the County under Sections 15.2-1900 through 15.2 -1907, and Title 25.1 -Eminent Domain, of the Code of Virginia (1950, as amended), including but not limited to the immediate right of entry in accordance with the procedures set forth in Chapter 3 of Title 25.1 of the Code of Virginia (1950, as amended), all as made and provided by law. 16. That the County Administrator, or an Assistant County Administrator, and the County Attorney are hereby authorized to execute such documents and take such actions as may be necessary to accomplish the necessary acquisitions through eminent domain proceedings, or otherwise. 17. That this resolution shall be effective on the date of its adoption and the property owner shall have thirty (30) days following the sending of notice, i.e. the certified mailing of this resolution as provided herein, within which to contest this taking and immediate right of entry as provided in Section 15.2-1905.B. of the Code of Virginia (1950, as amended). On motion of Supervisor Flora to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara NAYS: None 5 A COPY TESTE: llio ~~~Dll~ Diane S. Childers Clerk to the Board of Supervisors cc: File Gary Robertson, Director, Utility Arnold Covey, Director, Community Development Janet Scheid, Chief Planner Paul Mahoney, County Attorney Rebecca Owens, Director, Finance I hereby certify that the foregoing is a true and correct copy of Resolution 101403-3 adopted by the Roanoke County Board of Supervisors by a unanimous recor d vo e on Tuesday, October 14, 2003. renda J. Ho on, Deputy Clerk Roanoke County Board of Supervisors 6 L` • ~~ EXHIBIT "A" ~ ^ O o O Y b -~ . '=J (r'. ~~ ~ ~ ~ X ~ y~~ ~z~~ ~. ~o rn oa ~~d ~~r°'o~~o~~~ _ z ___ - ~ _ ~ ~y z--~ ~~' ~m~ o C~Z C'a ~ ~~~ ~~ ~ rm W~~ o ~, w~$~ • ~' O O ,. ~ ~ O 1~..~i O v1 ~ ~ ~ ~ o ~, Z ~ .,,,•~~~ 3 _f0,8c ~ ~ CrJ ~ n 70 'O A ^.~ O O z~~, 0 0. ~x~ m N ~ ~ W n~~-~ z o D Z ra o Z ~ m r D ~ r 2 nP my O C X m chi, in in - ~ O o n ivi .i ~~' Q A ~~~ o~~g~ p ~ m m ~ ---- 0 N W T ~ o N o D m 0 In m A C r a ~ m ~~ N t7 ~ o ~° L7 ~ ~ ~ ~~y ~ N 1^ Z a / O~ ~m ~ kx~ ^~ ~O~Y' ~~ $~~a < ~~ ~ '~i ~ ~ z o ~ w ~ ~ ~ ~ ~ -NN g ~ ~ ~ # yg t~'~;'~ i c~ ~y~ Z y ~~ \... .r cn~t~m;-acs F :~~toXncn nl nl z ~ ~ ~ m ~ ~ oar~,x_~a CG~~'1(n~Z ~v~' amd~~.y RI O~n~~r Raj ~ ~ ~~ m ~ ~~ ~ o ~b ~~ ~~ °zz "'a ,wt ~~ ~, z z N~ ~ ~ ~~~ ~~ ~~ y r, ~ -a~~ -c m w 5 /~ r O "1 N V ,~, \ - rn I .~~\. \\ al a~ ~~~ ~o ~ ~~~ ~ O ~ w• A ~~~ i` , ~.- / i ~~- -- cP ~~~ / C ` 0~, ti~ // r ~ gv~o.. - ~a°~~~~ ~~~~~~~ ma"v'a~o~ o ~ ~ , t~ ~ -y ^i cn y g. ~oQ~~~ ~a X ~ °~ `~° ~~ ~o~y~a T`b ~ ~ p1Z oa m~ ~ ~~ ~ ~ ~m g / ~c oaa 0 roN - ~z Za°c~ ~ m a°° 1 ~ o~~~ I a"~ mN~`z ~~ ~ov~c~ a~ r~~h l ~ ,~ ~ !~l : C O~ 1 a ~ a ° c°n ACTION NO. ITEM NO. C - 3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: October 14, 2003 AGENDA ITEM: Resolution pursuant to Sections 15.2-1900 through 15.2-1907, and Title 25.1 -Eminent Domain, of the Code of Virginia (1950, as amended), to authorize eminent domain proceedings for the acquisition of, and immediate right of entry to, a permanent 20' sanitary sewer easement, together with the right of access and two 10' temporary construction easements, upon the private park in Highfields Subdivision (Tax Map #86.11-04-48), being owned in undivided interests by all of the Highfields lot owners SUBMITTED BY: APPROVED BY: Gary Robertson Utility Director Elmer C. Hodge County Administrator COUNTY ADMINISTRATOR'S COMMENTS: It is very rare that we proceed with condemnation of any property, and we do so only when there is a public benefit and we have exhausted all other possibilities. Both of these are true in this case. We have acquired all the other easements necessary for this sewer line and we have met on numerous occasions with the property owners. The parcel in question is an undeveloped piece of land reserved by the developer for a private neighborhood park. The park has not been developed and remains in its natural state. We have been unable to get authorization from the 25 separate owners and are under a deadline to complete construction of the sewer line. Recommend approval. SUMMARY OF INFORMATION: As part of the Roselawn Off-Site Sewer Project, eight easements were required. Authorization to acquire these easements was approved by the Board of Supervisors on March 25, 1993. Agreements have been reached with property owners for seven of the eight. The remaining property across which an easement is required is a private park in the Highfields subdivision (Tax Map #86.11-4-48) jointly owned by twenty-five owners. The County has been unable to reach agreement with the following fourteen owners of this private park in the Highfields subdivision: Paula M. Beman, Robert L. Haynes, Jr., Carolyn ~-3 Davis & Thomas Howard Beasley, III, James Parsons Maddox & Clara J. Maddox, Vann G. & Florence A. Flowers, Randal L. Downs, Henry B. Bell, Gary & Carol L. Stearnes, Philip Trompeter, David R. & Bonnie Wall Lievsay, Daniel J. & Diane D. Fair, Eugene H. Connelly, John D. Sledd & Poarch Giles Sledd, and David W. Wimberly, Sr. Beman - $27.84 Flowers - $27.84 Trompeter - $27.84 Sledd - $27.84 Haynes - $27.84 Downs - $27.84 Lievsay - $27.84 Wimberly - $55.69 Beasley - $27.84 Bell - $27.84 Fair - $55.69 Maddox - $27.84 Sternes - $27.84 Connelly - $27.84 Extended negotiations have resulted in the acquisition of this easement being time critical for meeting the project schedule, fulfilling contractual obligations, and proceeding with the work during the current construction season. Construction of the project at the opposite end of the system has already commenced and further delays to entry on this property will result in additional costs for the project. Immediate right-of-entry to the easement is requested and recommended to avoid postponement of the project and to timely provide sanitary sewer availability to Roanoke County property owners. Such entry would not create an undue hardship to the private park owners, as provision is made by this action for fair market value compensation and damages, and no owner is being displaced by this project. FISCAL IMPACT: Funds are available from the Roselawn Off-Site Sewer Project to pay the appraised value of the listed owner's interest in this property or an award in any condemnation proceedings. STAFF RECOMMENDATION: Staff recommends that the Board adopt the proposed resolution pursuant to Sections 15.2- 1900 through 15.2-1907, and Title 25.1 of the Code of Virginia to authorize eminent domain proceedings for the acquisition of, and immediate right of entry to, the easements across this property. 2 ~' J AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, OCTOBER 14, 2003 RESOLUTION PURSUANT TO SECTIONS 15.2-1900 THROUGH 15.2 -1907, AND TITLE 25.1 -EMINENT DOMAIN, OF .THE CODE OF VIRGINIA (1950, AS AMENDED), TO AUTHORIZE EMINENT DOMAIN PROCEEDINGS FOR THE ACQUISITION OF, AND IMMEDIATE RIGHT OF ENTRY TO, A PERMANENT 20' SANITARY SEWER EASEMENT, TOGETHER WITH THE RIGHT OF ACCESS AND TWO 10' TEMPORARY CONSTRUCTION EASEMENTS, UPON THE PRIVATE PARK IN HIGHFIELDS SUBDIVISION (TAX MAP #86.11-04- 48), BEING OWNED IN UNDIVIDED INTERESTS BY ALL OF THE HIGHFIELDS LOT OWNERS BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That a permanent sanitary sewer easement, twenty feet (20') in width and consisting of 6,667 square feet, is necessary for public use in connection with a Roanoke County project, known as the Roselawn Sanitary Sewer Extension Project and/or the Roselawn Off-Site Sewer Project, to extend gravity sanitary sewer service to an area of the County containing approximately 700 acres of property located in the drainage area along Roselawn Road, said project having been previously approved and authorized by Ordinance #032503-9 adopted by this Board on March 25, 2003. 2. That the project is necessary for the general health, safety and welfare of the public, and specifically is necessary to enable the County of Roanoke to provide sanitary sewer service to new and existing residences in the service area through a gravity line, which will further eliminate the additional costs to the public of operating and maintaining existing and future lift stations. 1 ~-3 3. That acquisition of a permanent 20'sanitary sewer easement, with the right of access and two 10' temporary construction easements, is required to construct, install, improve, operate, inspect, use, maintain, and repair or replace a sanitary sewer system and related improvements, together with the right of ingress and egress thereto from a public road, upon, over, under, and across a "Private Park" owned by the Owner or Owners of Lots in Highfields, and designated upon the Roanoke County Land Records as Tax Map #86.11-04-48. 4. That this easement is one of a series of easements required for the project and is the only remaining easement to be acquired. 5. That this easement is necessary to the Project, as its location is the lowest point in the service area, which is required for the proper design and operation of the gravity sewer system. 6. That the easement required for this project is through the "Private Park" property in Highfields Subdivision, located on Lakedale Road in the Windsor Hills Magisterial District of the County of Roanoke, Virginia, owned in equal and undivided interests by the owner or owners of each lot as shown on the map of Highfields Subdivision, and is more particularly described as follows: A perpetual RIGHT and EASEMENT, of 6,667 square feet and being twenty feet (20') in width, to construct, install, improve, operate, inspect, use, maintain, and repair or replace a sanitary sewer system, together with related improvements, including slope(s), if applicable, together with the right of ingress and egress thereto from a public road, upon, over, under, and across a tract or parcel of land belonging to the owners of the lots in Highfields Subdivision, shown and designated as "PRIVATE PARK" upon the Map of Highfields, dated January 21, 1957, of record in the Clerk's Office of the Circuit Court for Roanoke County, Virginia, in Map 2 ~- 3 Book 3, page 247, and designated on the Roanoke County Land Records as Tax Map No. 86.11-04-48. The location of said easement is more particularly described on the plat attached hereto as "Exhibit A" and by reference incorporated herein. TOGETHER WITH temporary construction easements totaling 6,670 square feet, and being ten feet (10') in width on each side of the permanent easement described above, for use as temporary work space and to allow for necessary grading and storage during any phase of construction, reconstruction, repair or replacement within the easement area. The locations of the temporary construction easements are shown cross-hatched and designated as "NEW 10' T.C.E." on Exhibit A attached hereto. 7. That the fair market value of the permanent sanitary sewer easement, together with right of access and the temporary construction easements, is $891.00. 8. That $891.00 has been divided by the total of thirty-two (32) tax parcels in the subdivision, for a value of $27.84 per parcel. The lot owners have been offered, and are hereby re-offered, $27.84 for each tax parcel owned to acquire their undivided interest in the easement. 9. That one parcel (well lot) is owned by the County of Roanoke and the interests of the owners of sixteen (16) parcels have been acquired by purchase. 10.That the interests of the following owners of sixteen (16) lots, referenced by tax parcel number, remain to be acquired and the County has been unable to agree on the compensation to be paid or other terms of purchase or settlement with said owners: Tax Parcel # Owner s 86.11-4-10 Carolyn Davis and Thomas Howard Beasley, III 86.11-4-11 Paula M. Beman 86.11-4-14 James Parsons Maddox and Clara J. Maddox 86.11-4-15 Vann G. and Florence A. Flowers 3 ~- 3 86.11-4-16 Randal L. Downs 86.11-4-17 Henry B. Bell 86.11-4-20 Gary and Carol L. Sternes 86.11-4-21 Robert L. Haynes, Jr. 86.11-4-30 Philip Trompeter 86.11-4-32 David R. and Bonnie Wall Lievsay 86.11-4-34 & 35 Daniel J. and Diane D. Fair 86.11-4-36 Eugene H. Connelly 86.11-4-39 John D. Sledd and Poarch Giles Sledd 86.11-4-40 & 41 David W. Wimberly, Sr. 11. That the acquisition of the undivided interests of the above-described lot owners, by condemnation or otherwise, is hereby authorized and approved for public use, namely the 20' sanitary sewer easement, together with the right of access and the two 10' temporary construction easements, on the "Private Park" in Highfields. 12.That it is immediately necessary for the County to enter upon and take possession of the easement and commence construction of said sanitary sewer extension and related improvements to complete the work during the current construction season, to avoid additional costs to the public associated with delaying the contractor, and to ensure timely availability of sanitary sewer service to the citizens of Roanoke County. 13. That a certified copy of this resolution, to be sent by certified mail to each of the property owners specified in paragraph 10 on or before October 20, 2003, shall constitute notice to said property owner of the offer to purchase as set forth herein and the County's intent to enter upon and take possession of the subject easements to commence construction, as provided for in Sections 15.2-1902, 15.2-1904 and 15.2- 1905, and Chapter 3 of Title 25.1 of the Code of Virginia (1950, as amended). 4 ~,...~ '~ 14. That the Roselawn Sanitary Sewer Extension account is hereby designated as the fund from which the purchase price or the judgment of the court in condemnation proceedings shall be paid to the respective property owners. 15. That the Board does hereby invoke all and singular the rights, privileges, and provisions as to the vesting of powers in the County under Sections 15.2-1900 through 15.2 -1907, and Title 25.1 -Eminent Domain, of the Code of Virginia (1950, as amended), including but not limited to the immediate right of entry in accordance with the procedures set forth in Chapter 3 of Title 25.1 of the Code of Virginia (1950, as amended), all as made and provided by law. 16.That the County Administrator, or an Assistant County Administrator, and the County Attorney are hereby authorized to execute such documents and take such actions as may be necessary to accomplish the necessary acquisitions through eminent domain proceedings, or otherwise. 17. That this resolution shall be effective on the date of its adoption and the property owner shall have thirty (30) days following the sending of notice, i.e. the certified mailing of this resolution as provided herein, within which to contest this taking and immediate right of entry as provided in Section 15.2-1905.8. of the Code of Virginia (1950, as amended). 5 .- • ~ ~ ~ / o ~ ~ ~ ~ EXHIBIT "A" - ~. ~ ~~,~, ~, ~~ ~ -~ ~ o I I O~ ~ r-~ kv~~ ~ ~~~ cn ~~ ~c :~U1 a zz~ 0~2 ~otq~~' ntr.1-i ~~~ ~y ao V ~~~ ~ ~j' ~ ~ I C~~ ,.''C~mO~ypZ~~Z o°y -+ ~~~ ~'aa ~-r~m m O~~ `~ ~oA~ ~ ~ Cam/? ~ ~ m ~~~ O ~ ~~~~ ~ 9 ~ Q ~ ~ ~ t/1 v ~ ~ I '~ ro O~ ~ n '~ o~ o °' v Z ~ ~ 00'9L l 3 £0 B~£0 S . ~ _ ,y0'44l Z \ ci '-d ui v a yy z z co W C0~0 °'~ ~~?a ~'~~" - ~ ~"N~o ~~_ _ 1 O ~ m ~~ N~ A ~ ~ o ~~ ~~.3 ~p ~ ~~~ ~ 4~' p I C~ Z J m ~ -~ ~ ~ ~ o a ~ ~~~ o -~~ ~~ ~ ~ ~_ N m .A ~ ~ ~ ~ ~'. ( ~ ~ ~ 2 m m VIZ ~ 4n . ,~~J. ~~~ \ D ~ Si p ~ p. ~~ r 2 ~~ ~ :5~ ~ ~~~ ~~ b c m -c y. ~ ~l'~ \ ~ ~ oar Q~ ~~ m O O Q~ v4' // ~. P~ ~ymm y ~O ~~' ~ O A ? -L _ -L rytt~ _ ~ 2 ~ D O m gy Ong ~nOh~~fTi -i 1~'1`I r ~ y.Tj\ off" a.~n A'a~ O a ~~,omX ~~ F ~~~~°°~ - ~ x_~ k ~~ rn~cmnz mm Z ~ ~ mw ~ ~ 4~~ ~~ x~nzo `n ~j8 ~ot,~"$~ a ~ O Cc)mv)~Z cii ~ ~~ ~~ o Om~ ~R1~2O~~m ~ ~=~ w mm~w ~~ 0~~~ o "' o c~ y ~t~ F~ ~~ ~ ~~ ~' r-~ p ~Z o ~ ~ ~b ~ ~~ a~ ~ ~ ao~ 0 ' D "' oz za°c~ ° h m z0 ~~zTtak m c r- m t~ ~- a ~ cn ~ h N ~ trl ~ ~ m Rl :< O _ Z ~ m 'I No y D ~ Z ~ b ~ o °w ® ~ O LEGEND ~~ OWNERS HAVE AGREED OWNERS HAVE NOT AGREED PRIVATE PARK PROPERTY LIMITS OF HIGHFIELDS _~ PROPOSED SEWER AND TEMPORARY CONSTRUCTION EASEMENTS PROPOSED SEWER LINE _ ., HUFFMAN ~- PROPERTY =_ _ - FORD '~~ ,..; -~~ PROPERTY .., ,, ,; ,, ~, ~, ,, i ~ /. - \\ \ -- EXISTING SEWER LINES EXISTING SEWER EASEMENT ;,. ~i' r_"1- T I ~l -~ ~.16~~ °~ CEMETERY I EXHIBIT "B" MAP SHOWING 3~' SEWER EASEMENTS PARK PROPERTY & ~o Er ETERY OWNER RESPONSES sF~~~, "HIGHFIELDS" ~~ SCALE: 1 " = 200' DATE: 10/10/03 ~4. ACTION NO. ITEM NO. F- ~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: October 14, 2003 AGENDA ITEM: First reading of an ordinance authorizing creation of and financing for a local public works improvement project including acquisition of easements -Club Lane sewer line extension, Windsor Hills Magisterial District SUBMITTED BY: Gary Robertson Utility Director APPROVED BY: Elmer C. Hodge ~~r"''~ // County Administrator COUNTY ADMINISTRATOR'S COMMENTS: Recommend approval BACKGROUND: Utility Department staff has performed a preliminary engineering study to evaluate the feasibility of constructing sewer line extensions along Club Lane and Valley Drive. This study was performed at the request of several property owners on Club Lane located in the Farmingdale Community of the Windsor Hills Magisterial District. Property owners in this area have experienced problems with failing septic systems and saturated soil conditions. A letter dated July 28, 2003 was sent to 19 property owners not currently served by public sewer on Club Lane and Valley Drive. From this mailing, Utility Department staff received 15 responses (10 in favor, 3 not interested and 2 only indicating their desire for a public meeting). A public meeting attended by 15 residents was held at Hidden Valley Middle School on September 15, 2003. Based on the response and the location of interested property owners, a proposed service area, which can serve 18 properties, has been established as shown on the attached location map noted as Attachment "A." SUMMARY OF INFORMATION: Providing public sewer to the interested property owners would require construction of 2,200 feet of sewer line in two separate extensions at an estimated cost of $115,000. 1 ~- i This construction cost includes installation of sewer laterals up to the property line and clean outs which would serve all properties in the service area. The attached ordinance establishes a special sewer service area for the project with each participating property owner paying their share of the cost through a special connection fee of $7,400. This connection fee includes the fair share of the construction cost ($6,400) required to extend the public water system to serve the 18 properties within the proposed service area plus $1,000, which represents 50 percent of the off-site sewer facility fee of $2,000. The ordinance also establishes a method of financing up to $6,400 for the initial participating property owners. This financing would be for a period of 10 years at an annual interest rate of 8%. The proposed connection fee of $7,400 would be applicable only if property owners financially commit to participate in the proposed project within 60 days of enactment of the ordinance. ALTERNATIVES: Alternative 1: Establish a special sewer service area along Club Lane and Valley Drive, which could potentially serve 18 properties, as indicated on the attached sketch. Approve construction of 8-inch diameter sewer line extensions as shown on attached sketch. The estimated cost to construct this alternative is $115,000. For those property owners, who choose to not connect during the initial sign-up period, the construction cost would have a one time 20 percent increase. Under this alternative, the total cost for initial participants would be $7,400 with later participants paying $9,680 (based on the present off-site facility fee of $2,000). Alternative 2: Do not approve request for extension of public sewer service to the proposed service area along Club Lane and Valley Drive. FISCAL IMPACT: If Alternative 1 is selected, the total construction cost would be $115,000. The ten (10) interested property owners would contribute $64,000. A transfer from the Public Works Participation Fund would fund the remaining $51,000. 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 establish the service area and authorize construction and funding for the Local Public Works Improvement Project, Farmingdale Area -Club Lane Sewer Line Extension. Said 2 r ~-~ ordinance shall also authorize the 10 year financing option for participants as well as acquisition of easements for the following properties: 67.10-1-10 67.10-1-12 67.10-1-13 67.10-1-14 67.10-1-15 67.10-1-16 67.10-1-22 67.10-1-23 67.10-1-24 F- I AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, OCTOBER 14, 2003 ORDINANCE AUTHORIZING THE CREATION OF AND FINANCING FOR A LOCAL PUBLIC WORKS IMPROVEMENT PROJECT INCLUDING ACQUISITION OF EASEMENTS BY DONATION OR BY PURCHASE -CLUB LANE SEWER LINE EXTENSION 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 sewer system to the Club Lane and Valley Drive area of the County; and WHEREAS, the extension of the public sewer system and the creation of a special utility (sewer) 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 sewer system over ten years at an interest rate of 8%; and WHEREAS, the first reading of this Ordinance was held on October 14, 2003, and the second reading was held October 28, 2003; 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 sewer extension to the Club Lane and Valley Drive area of the County. The total 1 F-I construction cost of this public sewer project is estimated to be $115,000, to be initially financed as follows: Citizen Participation (10 at $6,400.00) $64,000 each) Advance from the Public Works $51,000 Participation Fund TOTAL $115,000 That there is hereby appropriated for this project the sum of $51,000 from the Public Works Participation Fund. Any citizen participation under paragraph 3 will be advanced as a loan from the Sewer Fund. 2. That the "Project Service Area" is shown and designated on the attached plat entitled "Club Lane Sanitary Sewer Petition for Public Works Project" prepared by the Roanoke County Utility Department, dated 15 September 2003. The 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 $7,400 ($6,400 toward construction costs plus, plus $1,000 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 December 27, 2003, of their portion of the cost of extending the public water system to their properties in accordance with the following terms and conditions: 2 ~~ ~~ (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 $1,000.00 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 securing 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 December 27, 2003, deadline (other than new property owners) shall pay a minimum of $9,680 [$6,400 construction costs plus 20% (plus $30 x length of road frontage in excess of 250 feet) plus the off-site facility fee in effect at that time (currently $2,000)]. 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 $7,400, said costs to be paid in full and in advance of connection to the 3 -i public 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 Sewer 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 Sewer Fund. 5. That the acquisition and acceptance of the necessary water and sewer line easements, as shown on the attached map for the Club Lane Sanitary Sewer Project, either by donation or by purchase pursuant to paragraph 6 of this ordinance, is hereby authorized across the following properties, referenced by tax map number: 67.10-1-10 67.10-1-12 67.10-1-13 67.10-1-14 67.10-1-15 67.10-1-16 67.10-1-22 67.10-1-23 67.10-1-24 6. That the consideration for these easement acquisitions 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, or the amount determined by an independent appraisal; and 7. That the consideration for these easements shall be paid from the Sewer Repair and Replacement Fund; and 4 ---- ~--' 8. 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. 5 e "Attachment A" ACTION NO. ITEM NO. F- o~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: October 14, 2003 AGENDA ITEM: First reading of an ordinance approving and authorizing the execution of a cable television franchise agreement by and between the County of Roanoke, Virginia and CoxCom, Inc., d/b/a/ Cox Communications Roanoke SUBMITTED BY: Joseph B. Obenshain Senior Assistant County Attorney APPROVED BY: Elmer C. Hodge ~~ County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Roanoke County entered into a cable television franchise agreement with Cox Cable Roanoke, Inc. as of May 1, 1991. This agreement was authorized by ordinance 42391-15 which also enacted the Roanoke Valley Cable Television ordinance as part of the Roanoke County Code. This action was taken in conjunction with similar ordinances by Roanoke City and the Town of Vinton following joint negotiations with Cox Cable Roanoke, Inc. for a franchise for a term of twelve (12) years. Subsequently, Cox Cable Roanoke, Inc. has changed its corporate name to CoxCom, Inc., d/b/a Cox Communications Roanoke ("Cox"). Following receipt of a request from Cox, representatives of Roanoke County, Roanoke City, and the Town of Vinton have conducted several negotiating sessions with officials of Cox which have resulted in the terms of a franchise agreement acceptable to all three jurisdictions and Cox. As part of these negotiations, after considerable discussion and input from an outside consultant retained by Roanoke City, agreement was also reached on the terms of a revised cable television franchise ordinance. This new ordinance will incorporate current legal requirements for operation of a local cable television franchise and will update the prior ordinance adopted in April, 1991. By ordinance adopted on April 22, 2003, the Board of Supervisors extended the County's current cable television ~- ~. franchise with Cox for a term of six (6) months from May 1, 2003, in order to permit the completion of the negotiating and drafting of a new franchise agreement and cable television franchise ordinance. The essential provisions of the new cable television franchise agreement between the County of Roanoke and CoxCom, Inc., d/b/a/ Cox Communications Roanoke, are the following: 1. The term of the franchise will be for fifteen (15) years commencing on November 1, 2003 and expiring on October 31, 2018. 2. A capital grant for the acquisition and replacement of equipment for operation of our governmental and educational access television facilities ("RVTV") totaling $1,150,000.00 will be paid by Cox on the following schedule: a. $ 575,00 will be paid on or before May 1, 2004; b. $ 345,000 will be paid on or before November 1, 2006; and c. $ 230,000 will be paid on or before November 1, 2008. These payments will be made to Roanoke County as the fiscal agent for the Roanoke Valley Regional Cable Television Committee ("Committee") as in the past. These funds are intended to provide the necessary capital funding for RVTV, but Roanoke County, Roanoke City and the Town of Vinton will still need to provide the operational funding for the governmental and educational access operations. 3. Cox will continue to carry RVTV on channel 3 on Cox's system lineup and Cox will continue to provide a public access channel for both videos and community bulletin board announcements at no charge to users. Cox will also provide an additional Educational/ Governmental Access ("EG Access") channel within 120 days of a request from the Committee and up to four (4) additional EG Access channels upon the showing of a need for such channels by the Committee. 4. Cox will continue to pay Roanoke County a franchise fee in the amount of 5% of its gross revenues from customers and business in the County, in accordance with Section 17 of the revised cable television franchise ordinance. (The amount of franchise fee payments that the County received from Cox for the period from July 1, 2002 through June 30, 2003, was approximately $700,000.00.) 5. Cable service, including the basic service tier and the most widely subscribed-to tier of cable programming service, will continue to be provided to all building occupied by the three local governments without charge. Similar cable service and one high speed data connection will be provided to each of the County's public libraries, to each public school and each private school having at least 50 students. 6. The current Institutional Network, with up to 25 insertion points, with the capacityfor 4 upstream channels for transmission over the EG Access channels (which maybe encoded/scrambled) will be maintained to the same standard as all of Cox's other s~._, channels with the possibility for five (5) more insertion points if the need is established. 7. Cox will not itemize on subscribers' bills the amounts representing the costs of providing the service to local government and school buildings, the institutional network and the Capital Grant. The Roanoke Valley Regional Cable Television Committee has indicated its support of the terms of this Cable Television Franchise Agreement. FISCAL IMPACT: Approval of the revised ordinance and new cable television franchise agreement will permit the County of Roanoke, City of Roanoke, and Town of Vinton to continue to receive a franchise fee of 5% of gross revenues and a capital grant of $1,150,000, as outlined above. STAFF RECOMMENDATION: Staff recommends that the Board approve the revised cable television franchise ordinance and the ordinance authorizing execution of the new cable television franchise agreement. ~- ~-, ~' "',< -.__ ~.. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, OCTOBER 14, 2003 ORDINANCE APPROVING AND AUTHORIZING THE EXECUTION OF A CABLE TELEVISION FRANCHISE AGREEMENT BY AND BETWEEN THE COUNTY OF ROANOKE, VIRGINIA AND COXCOM, INC., d/b/a COX COMMUNICATIONS, ROANOKE WHEREAS, by Agreement dated May 1, 1991, the County entered into a Cable Television Franchise Agreement for a term of 12 years with Cox Cable Roanoke, Inc., predecessor in interest to CoxCom, Inc., d/b/a Cox Communications Roanoke (Cox), which was authorized by Ordinance No. 42391-15; and WHEREAS, representatives of the County, along with representatives of Roanoke City and the Town of Vinton, have been renegotiating a renewal agreement with Cox; and WHEREAS, on April 22, 2003, by Ordinance No. 42203-7, the Roanoke County Board of Supervisors extended the 1991 Cable Television Franchise Agreement for six months, until October 31, 2003, to allow the renewal negotiations to be completed; and WHEREAS, such negotiations have been completed and a Cable Television Franchise Agreement acceptable to the County of Roanoke, and also to the City of Roanoke and the Town of Vinton, has been reached, subject to approval by the Roanoke County Board of Supervisors; and WHEREAS, Cox is prohibited by federal law from operating a cable television system within any jurisdiction without a franchise agreement or extension as defined by federal law; and 1 -a WHEREAS, the first reading of this ordinance and on the County's adoption of a revised Cable Television Franchise Ordinance was held on October 14, 2003, and the second reading and public hearing of this ordinance and the revised Cable Television Franchise Ordinance was held on October 28, 2003, at which public hearing citizens and parties in interest were afforded an opportunity to be heard on such matters; and WHEREAS, the Board of Supervisors has previously passed a revised Cable Television Franchise Ordinance that becomes effective on October 31, 2003. BE IT ORDAINED by the Board of Supervisors of Roanoke County as follows: 1. The Board of Supervisors hereby approves the terms of the Cable Television Franchise Agreement by and between the County of Roanoke, Virginia and CoxCom, Inc. d/b/a/ Cox Communications, Roanoke, as of November 1, 2003, attached hereto. 2. The County Administrator is authorized to execute, on behalf of the County, a Cable Television Franchise Agreement by and between the County and CoxCom, Inc., d/b/a Cox Communications Roanoke in a form substantially similar to the one attached hereto, and in a form approved by the County Attorney. Such Agreement will provide for a term of 15 years, from November 1, 2003 through October 31, 20018, a Franchise Fee Payment to the County of 5% of Cox's gross revenues, a capital grant for educational and/or governmental access equipment and facilities for allocation among the County, Roanoke City and the Town of Vinton in the total amount of $1,150,000.00 to be paid in accordance with the schedule set forth in the Agreement mentioned above, and such other terms and conditions as are deemed to be in the best 2 .~ Fa interest of the County of Roanoke. 3. The County Administrator is further authorized to take such further actions and execute such additional documents as may be necessary to implement and administer such Cable Television Franchise Agreement. 4. This ordinance shall be in full force and effect from its passage. 3 ACTION NO. ITEM NO. ~ - 3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: October 14, 2003 AGENDA ITEM: First reading of an ordinance to vacate portions of a 15' sanitary sewer easement, a 15' water line easement, and a 5' public utility easement upon Lots 15 and 16, Plat of Section No. 2, Quail Ridge, recorded in Plat Book 26, Page 3, and resubdivided by Plat of Section No. 2, Quail Ridge, recorded in Plat Book 26, Page 197, Cave Spring Magisterial District SUBMITTED BY: APPROVED BY: Arnold Covey Director of Community Development Elmer C. Hodge ~%~~'~7°'~Y' County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: R & J Enterprises, LLC is requesting that a portion of the 5' public utility easement, a 15' water line easement, and a 15-foot sanitary sewer easement dedicated in Plat Book 26, Page 3, Quail Ridge Section No. 2, and in Plat Book 26, Page 197, Quail Ridge Section No. 2, be vacated and relocated as shown on the attached plat. The 5' public utility easement has been relocated by dedication on the resubdivision plat of Quail Ridge, Section No. 2, recorded in Plat Book 26, page 197. The lots were reconfigured to make the lots larger and more desirable and the easements are being vacated to accommodate these new lots. Local utility companies have been notified of the proposed public utility easement vacation and none had any objections. Utility Department staff has reviewed and approved the proposed vacation of the water line and sewer line easements. ~w~... -~.. `~ FISCAL IMPACT: The costs and expenses associated herewith, including but not limited to publication, survey and recordation costs, shall be the responsibility of R & J Enterprises, LLC. ALTERNATIVES: 1. That the Board approve the first reading of the proposed ordinance to vacate the easement shown on the attached plat, Exhibit A, and schedule the second reading and public hearing for October 28, 2003. 2. That the Board decline to adopt the proposed ordinance and not vacate the easements as shown on the attached plat. STAFF RECOMMENDATION: Staff recommends Alternative #1. ~,.a __~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, OCTOBER 14, 2003 ORDINANCE TO VACATE PORTIONS OF A 15' SANITARY SEWER EASEMENT, A 15' WATER LINE EASEMENT, AND A 5' PUBLIC UTILITY EASEMENT UPON LOTS 15 AND 16, ON THE PLAT OF SECTION NO. 2, QUAIL RIDGE, RECORDED IN PLAT BOOK 26, PAGE 3, AND RESUBDIVIDED BY PLAT OF SECTION NO. 2, QUAIL RIDGE, RECORDED IN PLAT BOOK 26, PAGE 197, LOCATED IN THE CAVE SPRING MAGISTERIAL DISTRICT WHEREAS, by subdivision plat for `Section No. 2, "QUAIL RIDGE"', dated October 4, 2002, and of record in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Plat Book 26, page 3, the developer, R & J Enterprises, LLC, dedicated and created a "NEW 15' SANITARY SEWER EASEMENT " and a "NEW 15' WATER LINE EASEMENT", both shown in the Detail on Sheet 3 of said plat, and a "5' PUBLIC UTILITY EASEMENT" shown on Sheet 2 of said plat; and, WHEREAS, by re-subdivision plat for `Section No. 2, "QUAIL RIDGE"', dated July 25, 2003, and of record in the aforesaid Clerk's Office in Plat Book 26, page 197, a portion of the 24' right-of-way for Quail Ridge Circle was vacated, a portion of the 5' public utility easement was relocated, and Lots 14, 15, and 16 were reconfigured to larger and more desirable lot s; and, WHEREAS, as a result of the resubdivision, portions of the 15' sanitary sewer easement and 15' water line easement are no longer required; and, WHEREAS, the Petitioner-Developer, R & J Enterprises, LLC, has requested that the unnecessary portions of the sanitary sewer easement, the water line easement, and the public utility easement, as shown on Exhibit A attached hereto, be vacated pursuant to §15.2-2272.2 of the Code of Virginia (1950, as amended); 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 public utility companies and 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 14, 2003, and the public hearing and second reading of this ordinance was held on October 28, 2003. NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the "15' SANITARY SEWER EASEMENT TO BE VACATED", the "15' WATER LINE EASEMENT TO BE VACATED", and the "5' PUBLIC UTILITY EASEMENT TO BE VACATED", described and shown cross-hatched on Exhibit A attached hereto, said easements having been dedicated and created by subdivision plat for `Section No. 2, "QUAIL RIDGE"', dated October 4, 2002, and recorded in Plat Book 26, page 3, located in the Cave Spring Magisterial District, be, and hereby are, vacated pursuant to Section 15.2-2272 of the Code of Virginia (1950, as amended). 2. That all costs and expenses associated herewith, including but not limited to publication, survey and recordation costs, shall be the responsibility of the Petitioner, R & J Enterprises, LLC. 3. 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. 2 ~- 3 4. That this ordinance shall be effective on and from the date of its adoption, and a certified copy of this ordinance shall be recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in accordance with § 15.2-2272.2 of the Code of Virginia (1950, as amended). 3 s ~. ~ • r - _~ (P.B. 26, PC. 3) f5' SAAffARY SEWER EASBNEMI' ~ ~ vaca» CORNER BEARING DISTANCE 1-2 N 34.53'27" W 17.19' 2-3 N 842230' E 4231' 3-4 S 55'0633' W 11.86' 4-5 S 3453'27' E f0.55' 5-1 S 84'723D° W 28.71' AREA = 470 S F. 15' WA1~t L~ E:A8E31~NT TO BE VACATID CORNER BEARING DISTANCE Wl-W2 N 345327" W 15.00' W2-W3 N 55'06 33" E 71.30' W3-W4 S 3453'27' E 15.00' W4-W5 S 550633" W 15.47' WS-W6 S 342134' E 7.,46' W6-W7 S 5506.'33' W 10.00' W7-W8 N 3421'.34" W 7.46' WB-WI S 55 06'33' W 45.84'. AREA = 1,144 S.F. S PUE~1C U11JTY E:ABE~VT 7iD BE VACATID CORNER BEARING DISTANCE Ul-U2 N 345327' W 5.00' U2-U3 N 550633' E 81.30' U3-U4 N 3453'27` W 24.00' U4-U5 N 550633" E 5.00' U5-U6 S 3453'27" E 29.00' U6-Ul S 5517633' W 86.30' AREA = 552 S F. EX. = DQSIING P.B. = PLAT.$OOK PG. =PAGE S F. =SQUARE FEET R/W =RIGHT OF WAY ® TO BE VACATED LOT 16 ..~.. 2 --------------~ EXISANG 24''R/W Vi1CA7ED-=~ P.B. 28, PG. 197 ~ 3 ~ of ,~~ ~Q' V ~OT 154 ~ ~~~ry6e EXISTAIK3 iS 3AIVTARY 3~ \ Q EASHI~1-T 1Z~ BE VACATID IX ts' wLE W2 LOT 16 (P.B. 26, PG 3) EXIS1fNG 24' R/W VACATED- P.B. 26; PG 197 ..., .. ii rrrr»iin EX WATER yBELOWDFF ~ - ~q - - - W5 p~~Q~'~ LOT 15 ~ WB ~~~ ry~O' Q0 EXA3TNQ iS WAT'Bi LAZE FA36LHY1' To eF vAcAT® NEW 5' P.U.E • LOT 16 ~ ~ Q(I~L .. EXISRNG 24' R/W ,VACATED U2 P.B. 26, PC.. 197 ~, - ,~ EX. 5' P.U.E: ~ 1°' . (P.B. 26, P& 3) ~ LOT 15 ~\ \~Qp. X06 E)03TN~Q S PUBLIC UILJiY. ~~ ry EA~VT TO ~ VACATS7 Q;,V-. N01E~ i. 7NE INTENT OF 7NIS PLAT IS TO VACATE A PORTION OF THREE EASEMENTS AND DOES NOT CONS711UIE A BOUNDARY SURVEY. ~ ~~Q~ s~p~ z~,. TIMOTHY DATE: SCALE: COMM. NO.: CADD FILE: PLAT SHOWING VACATION OF A PORTION OF EXISTING ~.~~, ~ 15' SANITARY SEWER EASEMENT ~,~ 15 WATER LI1VE .EASEMENT ~a 5' PUBLIC UTILITY EASEMENT i CREATED IN "QUAIL RIDGE", SECTION No. 2; P:B: 26, PG. 3 SITUATED AT THE TERMINUS OF QUAIL RIDGE CIRCLE o`k` CAVE SPRING MAGISTERIAL DISTRICT ROANOKE COUNTY; VIRGINIA SEPTEMBER 26, Zoos LUIVISDEN ASSOCIATES, P.C. 1" = 40' ENGINEERS-SURVEYORS-PLANNERS ROANOKE, VIRGINIA 2001-014 4664 BRAMBLETON AVENUE PHONE: (540) 774-4411 P.O. BOX 20669 FAX: (540) 772-9445 3 EXHIBIT A - 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 14, 2003 AGENDA ITEM: First reading of an ordinance to vacate a portion of an existing 10-foot public utility easement between Lots 22, 23, 24 and 25 dedicated in Plat Book 3, Page 1, Tinker Knoll, Hollins Magisterial District SUBMITTED BY: Arnold Covey Director, Community Development APPROVED BY: Elmer C. Hodge ~^''" ~1~~' County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Donald W. Jr. and Donna L. Beckner (Lot 24 -Tinker Knoll), James Robert and Debbie Rodey Hill (Lot 22 -Tinker Knoll), Wynn B. Brua (Lot 25 -Tinker Knoll), and Kathyleen H. Damewood (Lot 23 -Tinker Knoll) are requesting that a portion of the existing 10' public utility easement shown on the map of Tinker Knoll recorded in Plat Book 3, Page 1, and on the attached plat, be vacated. The plat reserved easements along the sides and rears of certain lots for the installation and maintenance of utilities. Donald W. Jr. and Donna L. Beckner would like to build a utility building/garage on their property and are unable to do so with the easement along the side and rear of their property. Local utility companies have been notified of the proposed easement vacation and none had any objections. FISCAL IMPACT: The costs and expenses associated herewith, including but not limited to publication, survey and recordation costs, shall be the responsibility of Donald W. Jr. and Donna L. Beckner. F--i ALTERNATIVES: 1. Approve the first reading of this ordinance and instruct the County Attorney to prepare the ordinance for the purpose of scheduling the second reading and public hearing for October 28, 2003. 2. Do not approve the vacation of the portion of the 10' public utility easement as shown on the attached plat. STAFF RECOMMENDATION: Staff recommends Alternative #1. -y AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, OCTOBER 14, 2003 ORDINANCE AUTHORIZING THE VACATION OF A PORTION OF AN EXISTING 10-FOOT PUBLIC UTILITY EASEMENT LOCATED BETWEEN LOTS 22, 23, 24 AND 25, TINKER KNOLL, PLAT BOOK 3, PAGE 1, IN THE HOLLINS MAGISTERIAL DISTRICT WHEREAS, by subdivision plat entitled "TINKER KNOLL", dated February 7, 1947, and recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Plat Book 3, page 1, certain public easements were created, including a 10' utility easement located between Lots 22, 23, 24, and 25; and, WHEREAS, the petitioners, Donald W. Beckner, Jr., and Donna L. Beckner, husband and wife, are the owners of Lot 24, Tinker Knoll, and the adjacent owners, James Robert Hill and Debbie Rodey Hitl (Lot 22), Kathyleen H. Damewood (Lot 23), and Wynn B. Brua (Lot 25), have joined in petitioners' request to vacate the easement; and, WHEREAS, the Petitioners have requested that said portion of the utility easement be vacated by the Board of Supervisors of Roanoke County, Virginia, pursuant to §15.2- 2272.2 of the Code of Virginia (1950, as amended); and, WHEREAS, this vacation will not involve any cost to the County and the affected County departments have raised no objection; and, WHEREAS, there has been no objection raised by the appropriate public utility companies entitled to use the subject easement; and, WHEREAS, notice has been given as required by § 15.2-2204 of the Code of Virginia (1950, as amended), and the first reading of this ordinance was held on October 14, 2003; the public hearing and second reading of this ordinance was held on October 28, 2003. r </ THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the public utility easement, being ten feet (10') in width and extending between Lots 22, 23 and 24, and further extending between Lots 24 and 25, in Tinker Knoll Subdivision, in the Hollins Magisterial District of the County of Roanoke, Virginia, as shown on the subdivision plat entitled "TINKER KNOLL",dated February 7, 1947, and recorded in the aforesaid Clerk's Office in Plat Book 3, page 1, and as further shown as "10' Public Utility Easement" on Exhibit A attached hereto, be, and hereby is, vacated pursuant to § 15.2-2272 of the Code of Virginia (1950, as amended). 2. That all costs and expenses associated herewith, including but not limited to publication, survey and recordation costs, shall be the responsibility of the Petitioners. 3. 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. 4. That this ordinance shall be effective on and from the date of its adoption, and a certified copy of this ordinance shall be recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in accordance with §15.2-2272.2 of the Code of Virginia (1950, as amended). 2 ~ ~ , AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, OCTOBER 14, 2003 ORDINANCE 101403-4 AMENDING ORDINANCE NO. 121900-3 ENLARGING A LOCAL PUBLIC WORKS IMPROVEMENT PROJECT, WEBSTER ROAD WATER PROJECT, AND AUTHORIZING FINANCING 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, Ordinance No. 121900-3 authorized the creation of a local public works improvement project, the Webster Road Water Project; and WHEREAS the County Administration has negotiated the enlargement or expansion of the Webster Road Water Project Service Area, in order to assist property owners whose well has become polluted; and WHEREAS, enlargement 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, the property owners have requested that the County allow them to pay their portion of the costs of connection to the public water system over the remaining term of this Project at an interest rate of 8%; and WHEREAS, the first reading of this Ordinance was held on October 14, 2003, and the second reading was dispensed with pursuant to Section 18.04 of the Roanoke County Charter. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1 1. That the Board amends Ordinance No. 121900-3 and ratifies, authorizes and approves the enlargement of the Webster Road Water Project by including 8220 Webster Drive (Tax Map No. 27.05-02-05) within the Project Service Area. 2. The Webster Road Waterline Project Area was created for a period of ten (10) years through March, 2011. The owners of real estate within this service area may participate in and benefit from the public water extension to this service area by paying the sum of $5,800.00 ($4,455 toward construction costs plus [$30 x length of road frontage in excess of 250 feet], 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 enlarged project service area, of their portion of the cost of extending the public water system to their properties in accordance with the following terms and conditions: (a) Property owners pay a down payment of $4,000.00, and finance the remaining $1,800.00 for 70 months at an interest rate of 8% per annum. (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 2 which may be required to record any lien instrument or documents in the Office of the Clerk of the Circuit Court. 4. That the payment by citizens in the enlarged project service area who elect to participate shall be made to the Public Works Participation Fund. Any off-site facility fee collected on this project 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. On motion of Supervisor Flora to approve the first reading of the ordinance, dispense with the second reading pursuant to Section 18.04 of the Roanoke County Code, and adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara NAYS: None A OPY TESTE: Diane S. Childers Clerk to the Board of Supervisors cc: File Paul Mahoney, County Attorney Arnold Covey, Director, Community Development Gary Robertson, Director, Utility Janet Scheid, Chief Planner Rebecca Owens, Director, Finance 3 ~,~8i '~2i I w Q W - U w ~ ~ w, Qo ~~ Q ~ °W ~ U W Q ~ ~ _Z W ~ ~ O i ~.OSI '~2i I ~ ~. ,-a e~- A O a i~ W Z J lY W Q W Z ~ ~ P2i ~do~ ~ ~ ~`~ ~ z (~ -~ ~ ~~ ~~ ~~ ~ ° W o ` o °% o. ~ ° I . ~ y ~ ~ ~ Z ~ 3 ° ' ' I w ~ ~ p O F - N / (~~~ LL O O ~ w ~ v> r~ _ I ~ N N . a ~ . o~ ~~ ~ ~N ~ z eH ~ Z N W Q ~ o ~- z ~ ° ~ o ; cn w ~ z of i ~'-' 3 ~ N W M a m P: i z o ~~ ° ~ Zo > Q U x O H N I ~ Q o N` o ~ ~ /~ ~J ~ W O Q - ~ H N 7 Z ~ = P2i S~Ii~Q ~ I >;. j A o 0 ' ~ Z I o ~ a ~n ~ o ~ z I ,ai ° I ~ ° ° ao .n o ao o ~ n I 3 o n H N cD o i O ~ O x ~ ~ N ~ ' a~ o Z O ~ ~ ~ a ~n ' ' a~ ° I _ °~ ~ ~ o v °o ~ y 3 x ~N ~ z I N ~ _ a~ a ~ ° I i ~ N .a ~ ~ O °' 3 x n ~ N .I \ i ~ J~ ~ ~ ~ ~ Z o ° ~ o M Z 3 ~ I O ~ in N ~ O~ Gp' N C p~ ~ O N O ~ X WI J p ~ O n ~- N x ° n N ~ s~8 ' I ~lT QQ `'~ _ _ ' p~ ~ r ~ eq~7 .. r I i ~ ~ + Z ~ ~ ~ p tO z o ~ -o O O z o -a v~ d I N o ° a ~ i ~r ~ aN v ~ ~ I ~ °~ .n ~ ~n i ~ o a ~ v~ ~ O ~ ~ ° O ~ J x Q N ° X O F. N i f - N ~- N I ~ 0 ACTION NO. ITEM NO. 1- - AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: October 14, 2003 AGENDA ITEM: First reading of an ordinance to amend ordinance 121900-3 enlarging a local public works improvement project, Webster Road water project, and authorizing financing SUBMITTED BY: Gary L. Robertson Utility Director APPROVED BY: Elmer C. Hodge ~~~ ~~ County Administrator COUNTY ADMINISTRATOR'S COMMENTS: ~"ww"'l o f SUMMARY OF INFORMATION: The Webster Road water project was approved December 19, 2000 to authorize the extension of a water system to serve an area with private wells of poor water quality. The ordinance allowed residents to finance their portion of the cost of connection for a period of ten years at an interest rate of 8 percent. An adjoining property, 8220 Webster Drive, outside of the Webster Road water project area (see attached map) was built upon after the project and shortly after being occupied was determined to have pollution in its well. After discussions with several County and State personnel, it was determined that supplying public water to this property was the most appropriate method to insure the health and wellbeing of the owner/occupants. A connection to the public water supply was provided for the property with the expectation that the homebuilder would pay all associated fees and costs. The amount contributed by the homebuilder was substantially less than needed to pay fees and the cost to install necessary piping. This deficit presents a hardship to the owner. The owner has requested that the financing conditions of the Webster Road water project be made available to his property. a" - FISCAL IMPACT: Financing the fees would defer the collection of the fees over a longer period but with interest. Additional funding is not required. The provided financing terms would be consistent with those originally offered under the Webster Road water project with the same ending date. The specific conditions would be 8% interest for 70 months. STAFF RECOMMENDATION: Staff recommends that the Board of Supervisors amend ordinance 121900-3 to extend financing terms to 8220 Webster Drive. . ~ F-5 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, OCTOBER 14, 2003 ORDINANCE AMENDING ORDINANCE NO. 121900-3 ENLARGING A LOCAL PUBLIC WORKS IMPROVEMENT PROJECT, WEBSTER ROAD WATER PROJECT, AND AUTHORIZING FINANCING 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, Ordinance No. 121900-3 authorized the creation of a local public works improvement project, the Webster Road Water Project; and WHEREAS the County Administration has negotiated the enlargement or expansion of the Webster Road Water Project Service Area, in order to assist property owners whose well has become polluted; and WHEREAS, enlargement 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, the property owners have requested that the County allow them to pay their portion of the costs of connection to the public water system over the remaining term of this Project at an interest rate of 8%; and WHEREAS, the first reading of this Ordinance was held on October 14, 2003, and the second reading was dispensed with pursuant to Section 18.04 of the Roanoke County Charter. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1 ~7 1. That the Board amends Ordinance No. 121900-3 and ratifies, authorizes and approves the enlargement of the Webster Road Water Project by including 8220 Webster Drive (Tax Map No. 27.05-02-05) within the Project Service Area. 2. The Webster Road Waterline Project Area was created for a period of ten (10) years through March, 2011. The owners of real estate within this service area may participate in and benefit from the public water extension to this service area by paying the sum of $5,800.00 ($4,455 toward construction costs plus [$30 x length of road frontage in excess of 250 feet], 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 enlarged project service area, of their portion of the cost of extending the public water system to their properties in accordance with the following terms and conditions: (a) Property owners pay a down payment of $4,000.00, and finance the remaining $1,800.00 for 70 months at an interest rate of 8% per annum. (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 2 ~~ ~-~_ "` '~ which may be required to record any lien instrument or documents in the Office of the Clerk of the Circuit Court. 4. That the payment by citizens in the enlarged project service area who elect to participate shall be made to the Public Works Participation Fund. Any off-site facility fee collected on this project 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. 3 S s ' P2I ~~°~ , , ~ ~ ~~8i ~2i ~~~ ~ z ~ ~, ,~ ~ o W Q ~ ~ ~ o °= a ° ° I Q » ~ d g ~ W Z ° 3 ~ N (-~-~ ' ~ ~ ~~ a~ ~ O > ° ° I ° D w c°~ X° n ~ ~ ~ p z I Q Q N (n F N ~ N ~ O a O w;' ~N ~ ~~ ~ z - = i ° U ~ ~ I ~ Z N ~ Q ~ i-- z O i ° ~ o ° cn w w v ° ~ ~ W o ~ ~ 0 w Q o ~ Z I I +'. . 3 o r ~N W Q ~Z M am al > z m 0 ~ v ~ ui ~ p p Q U 3 O o o~ N I ~ N ~ z o ° = O H O . ~ ~ ~ Q O ~ ~ N z ' 1 W ' ~ ~ ~,OSI ~2i P2I S~II~Q I r.. j A o 0 . ~ z ~ o ~ a ~ v _ Z ~ I ,~ pp N ° I ~ ~ o ~ o~ ~ a 3 x n H o t° - ~ ~ ~ . N p ~ O X G) ~ ~ p ~ N VJ ~ ~ N ' ~ ~ ~ ~ Z o ~ ~ a ~n ~ ~ _ ~ n ~ v> o O I ~ °' 3 o ~ F- N ~ ~ Z I ~ ~ N N a c° p I ~ ~ i i ~ ~ ~ w ~ 3 x I, • ~ Z ~ N ~ J -~ ~ ° O Z ~ v ~ O M Z O 3 ~ I ~ Q N _ a; I a c° ~~ ^ O ~O ~ 11') ~ ~ ~ w o A a ~ o x J ° ~ N W ° N Z sa L ~ g ~ ~~ ,~ ~ _ .. - o a ' _ Ag _ . u~q~ ~ 7 I i ° ~ . ~ z a~ o ~ o~ z o , ~ o~ z o ~ d ~ N ~ ~ ~ ° O ~ a N a N ~ ~ ap ~ ~ ~n i cn° ° ~ ~ 'n ~ p C) 3 X O I J x O ° X O ~ ~ N i - N F N {- N I ~ ACTION NO. ITEM NO. ~ - ~,ri AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: October 14, 2003 AGENDA ITEM: First reading of an ordinance amending the Roanoke County Code by the amendment of Section 2-7. "Reimbursement of Expenses Incurred for Emergency Response" SUBMITTED BY: Paul M. Mahoney County Attorney APPROVED BY: Elmer C. Hodge ~~"' ~~~ County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: In March of 2002, the Board of Supervisors of Roanoke County adopted Ordinance 031202-6 amending the Roanoke County Code by the adoption of a new Section 2-7. "Reimbursement of Expenses Incurred for Emergency Response to Accidents or Incidents Caused by Driving While Impaired." This ordinance is authorized by Section 15.2-1716 of the Code of Virginia. To be liable for emergency expenses in responding to any accident or incident, the person must first be convicted of one of the specified offenses. The 2003 session of the Virginia General Assembly expanded Section 15.2-1716 of the Code of Virginia to authorize any locality in the Commonwealth to adopt a local ordinance to recover in a separate civil action the reasonable expenses incurred in providing appropriate emergency response to include the following: 1. Reckless driving when such reckless driving is the cause of the accident or incident. 2. Driving without a license or driving with a suspended or revoked license. 3. Improperly leaving the scene of an accident. This provision of the State Code limits the reasonable expense to an amount not to exceed $1,000 in the aggregate for a particular accident or incident. The County may bill a flat fee F~ of $100 or aminute-by-minute accounting of the actual costs incurred. To minimize administrative expense the County has billed the flat fee of $100. The attached draft ordinance implements the provisions of this enabling legislation. The first reading of this ordinance was held on October 14, 2003; and the second reading is scheduled for October 28, 2003. FISCAL IMPACT: Since this ordinance was adopted, the County has attempted to collect the $100 fee from 30 persons convicted of a DUI. We have recovered $1,860 (62%) in DUI fees and $176 (32%) of the $544 spent in court fees. These figures do not include collection costs such as staff time for collecting the data on actual costs incurred and for court appearances. The County filed 16 civil actions in General District Court to collect the emergency response expenses using the $100 flat fee amount. The number of additional cases and the amount of additional expenses recovered as a result of this amendment is unknown at this time. STAFF RECOMMENDATION: It is recommended that the Board favorably consider the adoption of the attached ordinance. 1 L AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, OCTOBER 14, 2003 ORDINANCE AMENDING THE ROANOKE COUNTY CODE BY THE AMENDMENT OF SECTION 2-7. REIMBURSEMENT OF EXPENSES INCURRED FOR EMERGENCY RESPONSE WHEREAS, the Board of Supervisors of Roanoke County adopted Ordinance No. 031202-6 amending the Roanoke County Code by the adoption of a new Section 2.7 "Reimbursement of expenses incurred for emergency response to accidents or incidents caused by driving while impaired" providing the County with an opportunity to recover its reasonable expenses in providing an appropriate emergency response to such accidents or incidents. This ordinance was authorized by Section 15.2-1716 of the Code of Virginia; and WHEREAS, the 2003 session of the Virginia General expanded Section 15.2-1716 of the Code of Virginia to also include reckless driving, driving without a license, and leaving the scene of an accident; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, hereby finds that the amendment of Section 2.7 to include these violations of State Code is in the public interest; and WHEREAS, the first reading of this ordinance was held on October 14, 2003; and the second reading was held on October 28, 2003. NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That Section 2-7. Reimbursement of Expenses Incurred for Emergency Response to Accidents or Incidents Caused by Driving While Impaired be amended to read and provide as follows: Chapter 2. Administration Article I. In General r~ **** Section 2-7. Reimbursement of Expenses Incurred for Emergency Response to Accidents or Incidents Caused by Driving While Impaired, Reckless Driving Driving Without a License, and Leaving the Scene of an Accident. (a) Any person who is convicted of violation of Section 12-8 of this Code, or of Sections 18.2-51.4, 18.2-266, or Section 29.1-738 of the Code of Virginia, when his operation of a motor vehicle, engine, train or water craft is the proximate cause of any accident or incident resulting in an appropriate emergency response; or of Section 46.2-852 relating to reckless driving, when such reckless driving is the proximate cause of the accident or incident; or of Section 46.2-300 relating to driving with out a license or driving with a suspended or revoked license; or of Section 46.2-894 relating to improper) leaving the scene of an accident, shall be liable in a separate civil action to the county, for the reasonable expense thereof, in an amount not to exceed one thousand dollars ($1,000.00) in the aggregate for a particular accident or incident. In determining the "reasonable expense," the County may bill a flat fee of one hundred dollars ($100.00) or aminute-by-minute accounting of the actual costs incurred. (b) As used in this section, "appropriate emergency response" includes all costs of providing law-enforcement, firefighting, rescue, and emergency medical services. (c) The provisions of this section shall not preempt or limit any remedy available to the commonwealth, the County, or any fire/rescue squad to recover the reasonable expenses of an emergency response to an accident or incident not involving a violation of any of the above mentioned State Code sections as set forth herein. 2. Any expenses recovered shall be deposited into the General Fund and appropriated annually to the Police Department and the Fire & Rescue Department operating 2 F~ budgets based upon an estimate of the proportional expenses incurred in responding to such accidents or incidents. 3. That this ordinance shall be in full force and effect from and after its adoption. 3 ACTION NO. ITEM NO. I-I ~ - ~_ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: AGENDA ITEM: SUBMITTED BY: APPROVED BY: October 14, 2003 Appointments to Committees, Commissions and Boards Diane S. Childers Clerk to the Board Elmer C. Hodge ~/'' County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: 1. GRIEVANCE PANEL The three-year terms of King Harvey and Karen Ewell, alternate members, will expire on October 28, 2003. 2. INDUSTRIAL DEVELOPMENT AUTHORITY The four-year term of Carole Brackman, Catawba Magisterial District, expired on September 26, 2003. 3. VIRGINIA WESTERN COMMUNITY COLLEGE BOARD Mr. John P. Frye, Jr., who was appointed to a four-year term expiring on June 30, 2007, has notified the Board that he will be unable to serve in this capacity due to other business commitments. Dr. Robert Sandel, President of Virginia Western Community College, has recommended David P. Mitchell, Jr. to fill this vacancy. This appointment has been placed on the consent agenda for confirmation at today's meeting. 1 r 4 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, OCTOBER 14, 2003 RESOLUTION 101403-5 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 14, 2003, 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 14, inclusive, as follows: 1. Approval of minutes -September 23 and September 30, 2003 2. Confirmation of appointment to the Virginia Western Community College Board 3. Request from Police Department to accept and appropriate grant from the Department of Criminal Justice Services in the amount of $5,025 for use by the Roanoke Valley Triad for purchase of 19 Project Lifesaver bracelets 4. Request from Roanoke County Schools to accept and appropriate E-Rate reimbursement funds in the amount of $2,018.88 for purchase of instructional equipment 5. Request from Roanoke County Schools to accept and appropriate grant in the amount of $1,500 from the Virginia Commission for the Arts for arts curriculum development 6. Request from Roanoke County Schools to accept and appropriate grant in the amount of $1,966 for purchase of assistive technology equipment and materials for students with disabilities 7. Designation of voting delegate to the Virginia Association of Counties (VACo) conference to be held November 9-11, 2003 1 8. Resolution expressing the appreciation of the Board of Supervisors of Roanoke County upon the retirement of Cecil Showalter, General Services Department, after sixteen years of service 9. Resolution expressing the appreciation of the Board of Supervisors of Roanoke County upon the retirement of the following individuals in the Sheriff's Department: (a) Michael J. Simpson after twenty-seven years of service (b) Arthur L. Lee after twenty-six years of service 10. Request from Police Department to accept and appropriate grant in the amount of $2,100 from the Department of Motor Vehicles (DMV) for police officers to work DUI checkpoints 11. Request from Fire and Rescue Department to accept and appropriate grant in the amount of $7,900 from the Virginia Fire Services for construction of a trench rescue simulator 12. Request to accept South Concourse Drive into the Virginia Department of Transportation (VDOT) secondary system, Hollins Magisterial District 13. Request to approve holiday schedule for 2004-2006 14. Request from the Roanoke County School Board to proceed with the donation of surplus real estate to Habitat for Humanity 2. That the Clerk to the Board is hereby authorized and directed where required by law to set forth upon any of said items the separate vote tabulation for any such item pursuant to this resolution. On motion of Supervisor McNamara to adopt the Consent Resolution with Item 14 removed, and carried by the following recorded vote: AYES : Supervisors Flora, Church, Minnix, Altizer, McNamara NAYS: None On motion of Supervisor Altizer to approve Item 14, and carried by the following recorded vote: AYES : Supervisors Flora, Church, Minnix, Altizer, McNamara 2 NAYS: None A COPY TESTE: Diane S. Childers Clerk to the Board of Supervisors cc: File Ray Lavinder, Chief of Police Jimmy Chapman, Grant Administrator, Police Department Dr. Linda Weber, School Superintendent Brenda Chastain, Clerk, School Board Rebecca Owens, Director, Finance Anne Marie Green, Director, General Services Joseph Sgroi, Director, Human Services Gerald Holt, Sheriff Richard Burch, Chief of Fire and Rescue Arnold Covey, Director, Community Development 3 z i-~~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, OCTOBER 14, 2003 RESOLUTION 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 14, 2003, 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 14, inclusive, as follows: 1. Approval of minutes -September 23 and September 30, 2003 2. Confirmation of appointment to the Virginia Western Community College Board 3. Request from Police Department to accept and appropriate grant from the Department of Criminal Justice Services in the amount of $5,025 for use by the Roanoke Valley Triad for purchase of 19 Project Lifesaver bracelets 4. Request from Roanoke County Schools to accept and appropriate E-Rate reimbursement funds in the amount of $2,018.88 for purchase of instructional equipment 5. Request from Roanoke County Schools to accept and appropriate grant in the amount of $1,500 from the Virginia Commission for the Arts for arts curriculum development 6. Request from Roanoke County Schools to accept and appropriate grant in the amount of $1,966 for purchase of assistive technology equipment and materials for students with disabilities 7. Designation of voting delegate to the Virginia Association of Counties (VACo) conference to be held November 9-11, 2003 8. Resolution expressing the appreciation of the Board of Supervisors of Roanoke County upon the retirement of Cecil Showalter, General Services Department, after sixteen years of service 1 -~ - > _-_ ~ 9. Resolution expressing the appreciation of the Board of Supervisors of Roanoke County upon the retirement of the following individuals in the Sheriff's Department: (a) Michael J. Simpson after twenty-seven years of service (b) Arthur L. Lee after twenty-six years of service 10. Request from Police Department to accept and appropriate grant in the amount of $2,100 from the Department of Motor Vehicles (DMV) for police officers to work DUI checkpoints 11. Request from Fire and Rescue Department to accept and appropriate grant in the amount of $7,900 from the Virginia Fire Services for construction of a trench rescue simulator 12. Request to accept South Concourse Drive into the Virginia Department of Transportation (VDOT) secondary system, Hollins Magisterial District 13. Request to approve holiday schedule for 2004-2006 14. Request from the Roanoke County School Board to proceed with the donation of surplus real estate to Habitat for Humanity 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. 2 September 23, 2003 799 Roanoke County Administration Center 5204 Bernard Drive Roanoke, Virginia 24018 September 23, 2003 The Board of Supervisors of Roanoke County, Virginia met this day at the Roanoke County Administration Center, this being the fourth Tuesday and the second regularly scheduled meeting of the month of September, 2003. IN RE: CALL TO ORDER Chairman McNamara called the meeting to order at 3:02 p.m. The roll call was taken. MEMBERS PRESENT: Chairman Joseph McNamara, Vice-Chairman Richard C. Flora, Supervisors Michael W. Altizer, Joseph B. "Butch" Church, H. Odell "Fuzzy" Minnix MEMBERS ABSENT: None STAFF PRESENT: Elmer C. Hodge, County Administrator; Paul M. Mahoney, County Attorney; Brenda J. Holton, Deputy Clerk to the Board; John M. Chambliss, Assistant County Administrator; Dan O'Donnell, Assistant County Administrator; Diane D. Hyatt, Chief Financial Officer IN RE: OPENING CEREMONIES The invocation was given by Pastor Myron Atkinson, Penn Forest Wesleyan Church. The Pledge of Allegiance was recited by all present. IN RE: REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF AGENDA ITEMS September 23, 2003 80 She expressed appreciation to Rosemary Trussel and Danial Morris who assisted in the preparation of the report but are no longer employed with Roanoke County. She also thanked Penny Hodge and David Atkins with the Roanoke County Schools for their contributions and congratulated them on receiving a Certificate of Achievement for the Schools' financial report for the year ended June 30, 2002. Ms. Owens thanked the Board for their support and recognition. Ms. Diane Hyatt, Chief Financial Officer, commended the finance staff and particularly Ms. Owens because this award is representative of the first filing of financial statements since GASB-34 accounting pronouncements were implemented which was the first major restructuring of governmental financial statements that has occurred in the last twenty years. Chairman McNamara presented the award to Ms. Owens and Ms. Hyatt and expressed his appreciation to the members of the Finance Department. Each of the supervisors congratulated the staff. Mr. Hodge expressed his appreciation and continued confidence in the excellent work of the Finance Department. IN RE: BRIEFING 1. Briefing to update the Board on the community meeting held on September 22, 2003, concerning the proposed Methadone Clinic at Ogden Road and Colonial Avenue Mr. Hodge advised that a community meeting was held on September 22 with the citizens in the area of Ogden Road and Colonial Avenue where a former 0 September 23, 2003 803 Supervisor Minnix advised that the County is approaching a crossroads concerning drugs, and at the meeting last night Mr. Ron Atkins alluded to the fact that a great deal of the crime experienced throughout the U. S. is probably 80% to 90% drug related. The proposed clinic at Ogden Road and Colonial Avenue poses a very serious problem and although this proposed location is in the Cave Spring Magisterial District, another district could be selected for a similar purpose in the future. Supervisor Minnix advised that he felt this clinic should be in an appropriate location but this location is not appropriate because of its proximity to schools, minimum security, and the fact that the clinic will provide both methadone maintenance and detox treatment. Supervisor Minnix reported that a recovering addict at the community meeting advised that treatment centers are essential but this clinic will be located in the wrong place. This person gave examples from his experience of the dangers of what could happen with 200 to 300 people coming every day to the clinic in this location. Supervisor Minnix advised that the County will have little control over this environment and he feels that the clinic needs to be in a medical complex such as Roanoke Memorial, Carillon, or Lewis-Gale where it can be regulated with a physician on staff at all times since it is understood at this time that the proposed clinic will only have a physician on staff on apart-time basis. Supervisor Minnix advised that restrictions need to be placed on these facilities so that the citizens can have the opportunity to be part of the decision to allow them to be located in their community since their lives will be affected. He asked for the September 23, 2003 805 appropriate location for this clinic which will satisfy the communities' concerns as well as provide for those citizens who will seek treatment at the clinic. He asked that the Board support the agenda item for a special use permit so that this situation can be resolved now and will not be a factor in the future. He advised that two members of the task force would like to speak to the Board. Ms. Romberg advised that as a parent, she is concerned that this is the wrong location because it is in a residential area and close to many schools. She advised the proposed clinic would be 1.2 miles from Fishburn Park Elementary School and Virginia Western Community College, .1 miles from New Visa Montessori School, .5 miles from Green Valley Elementary School, and 1.4 miles from North Cross School. The public transportation routes that will bring citizens to the clinic will also be the same bus stops for children waiting to be transported to school. She thanked the Board for their consideration and asked that the clinic not be allowed in this residential area. Dr. Brady advised that the citizens in this residential area are concerned about the activities conducted around methadone clinics. Data was presented at the community meeting that the crime rate does increase and that there may be offenses against the facility itself. With the drug problem currently in Southwest Virginia reaching what appears to be epidemic proportions and causing a tremendous amount of pain and suffering, it is felt that these patients should be treated in an appropriate setting where they can be medically managed with the right to confidentiality. He advised that from data presented by the Office of the Chief Medical Examiner and other sources, most September 23, 2003 $~'7 Supervisor Altizer advised that he visited the location and has absolutely no doubt that this is an inappropriate location. He would hope that the news media reports that the citizens of Roanoke County are not against the people who are seeking help but are showing their concern for how this facility will affect families, individuals and neighborhoods. He feels that there is a more appropriate place for the facility. Supervisor McNamara advised that the Board will do everything within its power to help with the situation now and avoid it in the future. He advised that he was unable to attend the community meeting due to aBoard-related appointment and since he would have been unable to attend a meeting for the next two nights, he did not want to delay the meeting. He asked that the Board approve the first reading of the ordinance on the agenda which will change the situation as it now exists and send it to the Planning Commission for action. Supervisor Minnix thanked each member of the Task Force for their dedication and willingness to undertake this project. This is an example of the County government functioning at its very best with its citizens being involved. Supervisor Flora suggested that when seeking an appropriate location for these facilities in the future, objective criteria should be established first. Part of the criteria could be that the facility will not be located within one and one-half miles of any school in the County or will not be located within a mile of any residential neighborhood. He acknowledged that the need for the clinic exits but he did not think there would be a suitable location in Southwest Virginia or his district. 6 September 23, 2003 809 being approved for construction. Contracts B and C will be bid in late fall 2003 and early winter 2004. Roanoke County's share of the project will be $11.3 million. The plant was expanded from 35 million gallons per day (MGD) to 42 MGD with the 1994 improvements. This upgrade will increase the capacity to at least 55 MGD and possibly to 62 MGD under certain conditions. Mr. Robertson advised that prior to awarding the construction contract, a new agreement between the five partners' jurisdictions must be executed. This agreement has been reviewed, negotiated, and approved by County staff and other partnering jurisdictions. Mr. Robertson reported that the project will be financed with a subsidized loan from the Virginia Water Quality Revolving Fund, to be issued through the Virginia Resources Authority (VRA). As part of the new wastewater treatment contract, the percentage for which the County is responsible is reduced from 29.2% to 24.5°/a. The City will reimburse the County $706,345 to retroactively change this percentage for the first upgrade. Mr. Robertson advised that in July, 2002, the County received a check of $545,164 from Roanoke City as a reimbursement in the first upgrade. The County was required by VRA to use this check to downsize the County's previous VRA loan. Later this evening, the Board will hold a public hearing on borrowing $11.3 million to finance the County's portion of this upgrade. Mr. Robertson advised that there will be some expenses that do not qualify for reimbursement through the loan program, such as easement acquisition. 6 September 23, 2003 Magisterial District, upon the petition of MJH Development 2. First reading of an ordinance to rezone 99.38 acres from PTD (Planned Technology District) to PTD with revised proffered conditions, located in the 2100 block of Hardy Road, Vinton Magisterial District, upon the petition of the Town of Vinton 3. First reading of an ordinance to amend the Roanoke County Zoning Ordinance, Section 30-36-2(A) AgriculturalNillaqe Center, 30-51-2(A) Neighborhood Commercial, 30-53-2(A) C-1 Office and 30-54-2(A) C-2 General Commercial to remove "medical office" as a permitted use in each district and amend Section 30-36-2(B) AgriculturalNillaqe Center, 30-51-2(B) Neighborhood Commercial, 30-53-2(B) C-1 Office and 30-54- 2(B) C-2 General Commercial to add "medical office" as a use allowed only by Special Use Permit upon the petition of the Roanoke County Planning Commission IN RE: APPOINTMENTS 1. Capital Improvements Program (CIP) Advisory Committee Supervisor Church appointed Ms. Barbara Fasnacht to serve as the Catawba District representative. IN RE: CONSENT AGENDA R-092303-2; R-092303-2.c September 23, 2003 8 ~ 3 December 1, 1980, as an Eligibility Worker in the Department of Social Services; and WHEREAS, Ms. Sutherland retired as a Customer Service Representative from Roanoke County on September 1, 2003, after twenty-two years and nine months of service; and WHEREAS, Ms. Sutherland has exhibited great flexibility in providing an array of social services, and was very empathic with her clients; and WHEREAS, Ms. Sutherland was always a citizen advocate and was compassionate and caring about her clients' situation while striving to find resources to meet their needs; and WHEREAS, Ms. Sutherland has served with professionalism and integrity, and through her employment with Roanoke County, has been instrumental in improving the quality of life for its citizens. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County expresses its deepest appreciation and the appreciation of the citizens of Roanoke County to SANDRA K. SUTHERLAND for more than twenty-two years of capable, loyal and dedicated service to Roanoke County; and FURTHER, the Board of Supervisors does express its best wishes for a happy, restful, and productive retirement. On motion of Supervisor McNamara to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara NAYS: None IN RE: REQUESTS FOR PUBLIC HEARINGS 1. Request to hold a public hearing on October 28, 2003, for citizen comments concerning a proposed amendment to the Roanoke County Charter seeking authority to levy a cigarette and tobacco tax. (Paul Mahoney, County Attorney) It was the consensus of the Board to schedule the public hearing for October 28, 2003. IN RE: CITIZENS' COMMENTS AND COMMUNICATIONS Ms. Annie Krochalis, Patterson Avenue, advised that she supports the County leadership pursuing negotiations on another site for the Methadone Clinic and September 23, 2003 815 have been made; Section 2.2-3711 A (30) discussion of the terms or scope of a contract pertaining to Explore Park where discussion in open session would adversely affect the bargaining position or negotiating strategy of the County; Section 2.2-3711 A (30) discussion of the award of a public contract involving the expenditure of public funds, including interviews of bidders or offerors, and discussion of the terms or scope of such contract where discussion in an open session would adversely affect the bargaining position or negotiating strategy of the public body, namely public safety center; and Section 2.2-3711 A (7) consultation with legal counsel pertaining to probable litigation, namely methadone clinic. The motion carried by the following recorded vote: AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara NAYS: None IN RE: CLOSED MEETING The closed meeting was held from 4:20 p.m. until 5:32 p.m. IN RE: CERTIFICATION RESOLUTION R-092303-3 At 7:03 p.m., Supervisor McNamara moved to adopt the Certification Resolution. The motion carried by the following recorded vote: AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara NAYS: None RESOLUTION 092303-3 CERTIFYING THE CLOSED MEETING WAS HELD IN CONFORMITY WITH THE CODE OF VIRGINIA e September 23, 2003 $ ~ 7 facility. These improvements total $47.6 million, with Roanoke County's share being $11.3 million. The County has been approved for a subsidized loan through the Virginia Water Quality Revolving Fund to be issued through the Virginia Resources Authority. The bonds will be for athirty-year term with an interest rate of 4.75%. As part of the bond sale process, the County is required to hold a public hearing on the issuance of the bonds and adopt a resolution authorizing the sale of the bonds. Ms. Hyatt advised that the first debt payment will be due October 2006, which is six months after the anticipated completion date. Accumulated interest expense will be due at this time; however, the County will need to accrue and expense interest expense on an annual basis. The first principal payment will be due in April 2007. Annual payments from that point forward will be $821,460. Ms. Hyatt advised that based upon a previously estimated $9 million for the County's portion of construction costs, the Board approved and implemented the first sewer rate increase of 8.36% effective September 1, 2002. It was anticipated that the Board would approve a second sewer rate increase of 8.36% effective January 1, 2004. This increase is still needed; however with the pending Authority formation, it can be delayed until July 1, 2004, and factored into the new rates for the Authority. If the Authority is not formed, the County will need to revisit an additional sewer rate increase in fiscal year 2004. Because the County's portion of the construction cost has now increased to $11.3 million, there may be a need for an additional sewer rate increase which is estimated at 3% in 2007-08, when the full debt service payments begin. 0 September 23, 2003 g ~ g RECITALS A. The Board of Supervisors (the "Board") of the County of Roanoke, Virginia (the "County") has determined that it is necessary and desirable to issue its Sewer Revenue Bond, Series 2003, in the maximum principal amount of $11,300,000 (the "Bond"), and to use the proceeds thereof, along with other available funds, if any, to (i) finance the County's portion of upgrades to the Roanoke Regional Wastewater Treatment Facility and (ii) pay the costs of issuance of the Bond (the "Project"). B. On September 23, 2003, the Board held a public hearing on the issuance of the Bond in accordance with the requirements of Section 15.2-2606 of the Code of Virginia of 1950, as amended (the "Virginia Code"). C. The Bond will be sold by the County to the Virginia Resources Authority ("VRA), as administrator of the Virginia Water Facilities Revolving Fund, pursuant to the terms of a Financing Agreement (the "Financing Agreement") between the County and VRA, to be dated as of a date specified by VRA. D. The Bond will be issued as a "Parity Bond" as defined in the Financing Agreement dated as of December 1, 1996 (the "1996 Financing Agreement") between the County and the Virginia Water Facilities Revolving Fund, acting by and through VRA and the Financing Agreement dated as of February 1, 2000 (the "2000 Financing Agreement") between the County and VRA. The Bond will be secured by a pledge of the revenues (as more particularly defined in the Financing Agreement, the "Revenues") derived by the County from the ownership and operation of its wastewater system (as more particularly defined in the Financing Agreement, the "System"). The Bond will be secured on parity with the County's outstanding Sewer Revenue Bond, Series 1996 the "1996 Bond") and Sewer Revenue Bond, Series 2000 (the "2000 Bond"), with respect to the pledge of Revenues. E. The foregoing arrangements will be reflected in the Financing Agreement, a form of which has been presented to this meeting and filed with the County's documents. NOW, THEREFORE, be it resolved by the Board of Supervisors of the County of Roanoke, Virginia that: 1. Election to Proceed Under Public Finance Act of 1991. The Board hereby elects to issue the Bond under the provisions of the Public Finance Act of 1991, Chapter 26, Title 15.2 of the Virginia Code (the "Public Finance Act") without regard to the requirements, restrictions or other provisions contained in the Charter of the County. 2. Authorization of Bond and Use of Proceeds. The Board. hereby finds and determines that it is advisable and in the best interest of the County to contract a debt and to issue the Bond in the maximum principal amount of $11,300,000, and to award and sell the Bond to VRA, all pursuant to the Public Finance Act and the terms of this Resolution and the Financing Agreement. Such issuance, award and sale of the Bond September 23, 2003 82 regulations of any governmental authority or any usage or requirement of law with respect thereto. 6. Evidence of Approval. The Chairman's or Vice Chairman's approval or determination of all of the details and provisions of the Bond that he has been authorized and/or directed to approve under this Resolution shall be evidenced conclusively by his execution and delivery of the Bond on the County's behalf. 7. Redemption of Bond. The Bond shall be subject to optional redemption at the direction of the County, without penalty or premium, in whole or in part, at any time, upon the terms set forth in the Bond and the Financing Agreement. 8. Execution and Delivery of Bond. The Chairman or Vice Chairman is authorized and directed to execute the Bond. The Clerk of the Board (the "Clerk") or the Deputy Clerk of the Board (the "Deputy Clerk") is authorized and directed to affix the seal of the County to the executed Bond and to attest it and then to deliver the Bond or cause the Bond to be delivered to VRA upon payment of the first principal advance thereunder. An authorized representative of VRA shall enter the amount and date of each principal advance as provided in the Certificate of Advances attached to the Bond when the proceeds of such advance are delivered to the County. 9. Registration, Transfer and Exchange. The Board appoints the Chief Financial Officer as its registrar and transfer agent to keep books for the registration and transfer of the Bond and to make such registrations and transfers on such books under such reasonable regulations as the County may prescribe. Upon surrender for transfer or exchange of the Bond at the office of the Chief Financial Officer, the County shall cause the execution and delivery in the name of the transferee or registered owner, as applicable, of a new Bond for a principal amount equal to the Bond surrendered and of the same date and tenor as the Bond surrendered, subject in each case to such reasonable regulations as the County may prescribe. If surrendered for transfer, exchange, redemption or payment, the Bond shall be accompanied by a written instrument or instruments of transfer or authorization for exchange, in form and substance reasonably satisfactory to the Chief Financial Officer, duly executed by the registered owner or by his or her duly authorized attorney-in-fact or legal representative. A new Bond delivered upon any transfer or exchange shall be a valid limited obligation of the County, evidencing the same debt as the Bond surrendered and shall be entitled to all of the security and benefits of this Resolution to the same extent as the Bond surrendered. 10. Charges for Exchange or Transfer. No charge shall be made for any exchange or transfer of the Bond, but the Chief Financial Officer may require payment by the holder of the Bond of a sum sufficient to cover any tax or any other governmental charge that may be imposed in relation thereto. September 23, 2003 823 2. Public hearing and request to adopt a resolution for the issuance of general obligation school bonds through the Virginia Public School Authority (VPSA) for an amount not to exceed $23,000,000 to finance certain capital projects for public school purposes. (Diane D. Hyatt, Chief Financial Officer R-092303-5 Ms. Hyatt advised that previously the Board had approved applying to the Virginia Public School Authority (VPSA) for the funding for renovations at Mountain View Elementary School, Herman L. Horn Elementary School, Oak Grove Elementary School, the architectural and engineering work at Northside High School, and improvements to the stadium and playing fields at Cave Spring High School and Hidden Valley High School. As part of this application process, a public hearing must be held. The first debt payment for this borrowing will not occur until the 2004-05 fiscal year and has been factored into the debt capacity for school capital improvements. Future County budgets will include the annual debt service. Debt payments are estimated to be approximately $2,175,000 per year. After the public hearing is held, Ms Hyatt advised that staff recommends that the Board adopt a resolution that authorizes the issuance of VPSA bonds in the Fall 2003 bond sale for an amount not to exceed $23,000,000. Supervisor Minnix thanked the citizens of Roanoke County for allowing the September 23, 2003 825 WHEREAS, the Board held a public hearing on September 23, 2003, on the issuance of the Bonds (as defined below) in accordance with the requirements of Section 15.2-2606, Code of Virginia of 1950, as amended (the "Virginia Code"). WHEREAS, the School Board of the County has requested by resolution the Board to authorize the issuance of the Bonds and has consented to the issuance of the Bonds. WHEREAS, the Bond Sale Agreement (as defined below) shall indicate that $22,000,000 is the amount of proceeds requested (the "Proceeds Requested") from the Virginia Public School Authority (the "VPSA") in connection with the sale of the Bonds. WHEREAS, the VPSA's objective is to pay the County a purchase price for the Bonds which, in VPSA's judgment, reflects the Bonds' market value (the "VPSA ~~ Purchase Price Objective ), taking into consideration such factors as the amortization schedule the County has requested for the Bonds, the amortization schedules requested by other localities, the purchase price to be received by VPSA for its bonds and other market conditions relating to the sale of VPSA's bonds. WHEREAS, such factors may result in the Bonds having a purchase price other than par and consequently (i) the County may have to issue a principal amount of Bonds that is greater than or less than the Proceeds Requested in order to receive an amount of proceeds that is substantially equal to the Proceeds Requested, or (ii) if the maximum authorized principal amount of the Bonds set forth in section 1 below does not exceed the amount of the discount (plus an amount equal to the Proceeds Requested) the purchase price to be paid to the County, given the VPSA Purchase Price Objective and market conditions, will be less than the Proceeds Requested. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF ROANOKE, VIRGINIA: 1. Authorization of Bonds and Use of Proceeds. The Board hereby determines that it is advisable to contract a debt and to issue and sell general obligation school bonds of the County in the aggregate principal amount not to exceed $23,000,000 (the "Bonds") for the purpose of financing certain capital projects for school purposes. The Board hereby authorizes the issuance and sale of the Bonds in the form and upon the terms established pursuant to this Resolution. 2. Sale of the Bonds. It is determined to be in the best interest of the County to accept the offer of VPSA to purchase from the County, and to sell to the VPSA, the Bonds at a price determined by the VPSA and accepted by the Chairman of the Board or the County Administrator and upon the terms established pursuant to this Resolution. The County Administrator and the Chairman of the Board, or either of them, and such officer or officers of the County as either of them may designate, are hereby authorized and directed to enter into the Bond Sale Agreement with the VPSA providing for the sale of the Bonds to the VPSA in substantially the form on file with the County 6 September 23, 2003 827 Commonwealth of Virginia, then at or before 11:00 a.m. on the business day next preceding such Interest Payment Date, Principal Payment Date or date fixed for prepayment or redemption; (b) All overdue payments of principal and, to the extent permitted by law, interest shall bear interest at the applicable interest rate or rates on the Bonds; and (c) SunTrust Bank, Richmond, Virginia, is designated as Bond Registrar and Paying Agent for the Bonds. 7. Prepayment or Redemption. The Principal Installments of the Bonds held by the VPSA coming due on or before July 15, 2013, and the definitive Bonds for which the Bonds held by the VPSA may be exchanged that mature on or before July 15, 2013 are not subject to prepayment or redemption prior to their stated maturities. The Principal Installments of the Bonds held by the VPSA coming due after July 15, 2013 and the definitive Bonds for which the Bonds held by the VPSA may be exchanged that mature after July 15, 2013 are subject to prepayment or redemption at the option of the County prior to their stated maturities in whole or in part, on any date on or after July 15, 2013 upon payment of the prepayment or redemption prices (expressed as percentages of Principal Installments to be prepaid or the principal amount of the Bonds to be redeemed) set forth below plus accrued interest to the date set for prepayment or redemption: Dates Prices July 15, 2013 to July 14, 2014, inclusive ........................................... 101 July 15, 2014 to July 14, 2015, inclusive ........................................... 100.5 July 15, 2015 and thereafter .............................................................. 100; Provided, however, that the Bonds shall not be subject to prepayment or redemption prior to their stated maturities as described above without first obtaining the written consent of the registered owner of the Bonds. Notice of any such prepayment or redemption shall be given by the Bond Registrar to the registered owner by registered mail not more than ninety (90) and not less than sixty (60) days before the date fixed for prepayment or redemption. The County Administrator is authorized to approve such other redemption provisions, including changes to the redemption dates set forth above, as may be requested by the VPSA. 8. Execution of the Bonds. The Chairman or Vice Chairman and the Clerk or any Deputy Clerk of the Board are authorized and directed to execute and deliver the Bonds and to affix the seal of the County thereto. The manner of such execution may be by facsimile, provided that if both signatures are by facsimile, the Bonds shall not be valid until authenticated by the manual signature of the Paying Agent. 9. Pledge of Full Faith and Credit. For the prompt payment of the 6 September 23, 2003 82CJ required by Section 3 of the Bond Sale Agreement should the County be determined by the VPSA to be a MOP (as defined in the Continuing Disclosure Agreement). 13. Filing of Resolution. The appropriate officers or agents of the County are hereby authorized and directed to cause a certified copy of this Resolution to be filed with the Circuit Court of the County. 14. Further Actions. The County Administrator, the Chairman of the Board, and such other officers, employees and agents of the County as either of them may designate are hereby authorized to take such action as the County Administrator or the Chairman of the Board may consider necessary or desirable in connection with the issuance and sale of the Bonds and any such action previously taken is hereby ratified and confirmed. 15. Effective Date. This Resolution shall take effect immediately. On motion of Supervisor Minnix to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara NAYS: None IN RE: PUBLIC HEARINGS AND SECOND READING OF ORDINANCES 1. Second reading of an ordinance to rezone .777 acres from I-1, Industrial District, to C-2, General Commercial District, to operate a retail sales facility located on Plantation Road, Hollins Magisterial District, upon the petition of EP Properties, LC. (Janet Scheid, Chief Planner) 0-092303-6 Ms. Scheid advised this is a petition to rezone industrial property to commercial. Although the Economic Development Department would like to preserve the industrial zoning, they do not object to this rezoning request because it will facilitate the expansion of an existing County business on a relatively small parcel in a corridor 0 September 23, 2003 $3 ~ WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on September 2, 2003; and WHEREAS, legal notice and advertisement has been provided as required by law. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the zoning classification of a certain tract of real estate containing .777 acres, as described herein, and located on Plantation Road (Tax Map Number 27.06-5-10) in the Hollins Magisterial District, is hereby changed from the zoning classification of I-1, Industrial District, to the zoning classification of C-2, General Commercial District. 2. That this action is taken upon the application of EP Properties, LC. 3. That said real estate is more fully described as follows: BEGINNING at a point on the northwest corner of the property of Page Distributing Company, Inc. and First Union National Bank of Virginia being Tax Map #27.06-5-2 and along the northerly side of Plantation Road (VA Route 115) N. 17° 08' S3" W. 170.85 feet to a point; thence leaving said Plantation Road N. 60° 40' 12" E. 192.84 feet to a point; thence S. 16° 55' 48" E. 180.00 feet to a point; thence S. 60° 40' 12" W. 192.14 feet to the Place of Beginning, and containing .777 acres as more particularly shown on "Plat Showing Rezoning Exhibit of Tax #27.06-5-20, Property of Page Distributing Company, Inc. 0.777 acres (DB 1364, page 234) currently Zoned I-1, Being Rezoned to C-2 Situated along Plantation Road, Hollins Magisterial District, Roanoke County, Virginia," and prepared by Lumsden Associates, P.C., Engineers-Surveyors-Planners, dated July 10, 2003. 4. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed to amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. On motion of Supervisor Flora to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara NAYS: None 2. Second reading of an ordinance to rezone .37 acres from AVC, Agricultural Village District with Conditions, to C-2, General Commercial District with conditions, to operate a retail sales facility located on 5999 Franklin Road, S.W., Cave Spring September 23, 2003 833 opportunity to review the action. He advised that the goal of the Clearbrook Overlay District zoning was to develop the commercial area while keeping control of the type of industry that would be located there. Supervisor Minnix moved to approve the ordinance with the added condition. Chairman McNamara asked Mr. Mahoney if the Board could add the proffer or if it had to be submitted by the petitioner. Mr. Mahoney advised that at first he thought this was a special use permit where the Board could add conditions, but since this is a conditional rezoning. the petitioner is required to sign the proffered conditions and submit them prior to the Board meeting and commencement of the public hearing. Supervisor Minnix asked Mr. Anderson if he was familiar with the provisions of the Clearbrook Overlay District and if he would voluntarily proffer that the property would remain within the guidelines of that zoning. Mr. Anderson advised that he thought the Clearbrook Overlay District was primarily for landscaping, type and style of the buildings. Supervisor Minnix advised that the district also deals with resale of the property, and he thought it would be best to postpone this rezoning until the petitioner and staff could review the Clearbrook Overlay District zoning. Chairman McNamara advised that Supervisor Minnix has made a motion to lay the action on the table. Supervisor Minnix advised that he would take the action off the table after the petitioner has met with staff to explain the Clearbrook Overlay District. Chairman McNamara asked Mr. Mahoney if this action to lay the item on the table would necessitate another public hearing. Mr. Mahoney suggested that the Board a September 23, 2003 835 this rezoning is the possibility that if the property is sold, there will be no way to restrict its future development. Chairman McNamara requested Mr. Mahoney's advice on how to proceed. Mr. Mahoney advised that since this is a conditional rezoning, the Board cannot add a new condition at this time. The applicant has to submit his conditions in writing prior to the commencement of the public hearing. Since the public hearing has started and the Board does not have the written proffer from the petitioner, the suggested condition cannot be added to the ordinance. Mr. Hodge advised that since the petitioner has a deadline of September 30, and Supervisor Minnix wishes to have the property in compliance with the Clearbrook Overlay District, the Board has the option of delaying this item, accepting the rezoning as presented, or asking the petitioner to express a general willingness to abide by the added condition. However, Mr. Hodge and Mr. Mahoney both advised that this condition would not be enforceable. Supervisor Minnix advised that he wants a guarantee that this development will be in accordance with the Clearbrook Overlay District and if an additional meeting is necessary, he would be agreeable. He advised that he did not feel comfortable approving the request without the added condition. If this property is rezoned without adhering to the Clearbrook Overlay District, he felt it would be defeating the purpose of that district. Supervisor Altizer asked Mr. Mahoney what restrictions the new owner 0 September 23, 2003 837 #1 limits the use of this property to those items described and if a subsequent purchaser wants to do something else other than the sale and storage of oriental/persian rugs, area rugs, flooring materials and antiques, he would have to come back to the Board for approval to amend, delete, alter or change that condition. Supervisor Minnix inquired if Mr. Anderson decides to sell something other than what is listed in proffer #1, does he have to come back to the Board for approval. Mr. Mahoney advised that if Mr. Anderson is found to be selling things other than those items listed in the proffer, an enforcement action would have to be taken against him. Supervisor Minnix asked Mr. Anderson if he would agree to add one condition to the ordinance that for any significant change in your place of business such as enlarging the facility, the petitioner would come to the Board for approval. Mr. Anderson advised that because of zoning requirements, he would be required to seek approval for actions of this sort. Mr. Mahoney advised that the petitioner could replace the building with another if he meets the requirements of the C-2 zoning. Supervisor Minnix advised that this is why he wants the new structure to comply with the guidelines of the Clearbrook Overlay District. Supervisor Minnix asked the petitioner if he would be comfortable coming back to the Board for approval if he wanted to change the size of the facility. Mr. Anderson advised that he would agree. Supervisor Minnix asked if he would make this a condition of the rezoning. Mr. Anderson reminded Supervisor Minnix that he could not add another condition to the property at this time as stated by Mr. Mahoney previously. 6 September 23, 2003 839 DISTRICT FROM THE ZONING CLASSIFICATION OF AVC WITH CONDITIONS TO THE ZONING CLASSIFICATION OF C-2 WITH CONDITIONS UPON THE APPLICATION OF RICHARD ANDERSON WHEREAS, the first reading of this ordinance was held on August 26, 2003, and the second reading and public hearing were held September 23, 2003; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on September 2, 2003; and WHEREAS, legal notice and advertisement has been provided as required by law. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the zoning classification of a certain tract of real estate containing .37 acres, as described herein, and located at 5999 Franklin Road (Tax Map Number 98.04-2-20) in the Cave Spring Magisterial District, is hereby changed from the zoning classification of AVC, Agricultural Village District, with conditions, to the zoning classification of C-2, General Commercial District, with conditions. 2. That this action is taken upon the application of Richard Anderson. 3. That the owner of the property has voluntarily proffered in writing the following conditions which the Board of Supervisors of Roanoke County, Virginia, hereby accepts: (1) Use of the property will be restricted to the sale and storage of the following: Oriental/Persian rugs, area rugs and flooring materials and antiques. (2) Signage shall be limited to a maximum of 140 square feet. (3) No off-premises signage shall be installed. 4. That said real estate is more fully described as follows: BEGINNING at an iron on the west side of U. S. Route 220 at the southerly corner of the .20 acre tract being herein described; thence with a new division line through the property of Howard T. Campbell estate, N. 63° 35' W. 30 feet to an iron; thence N. 6° 27' W. 79.7 feet to an iron; thence N. 15° 26' W. 130 feet to an iron; thence still with a new division line N. 66° 08' E. 60.8 feet to an iron on the west side of a driveway, which driveway is not included in the real property hereby conveyed; thence S. 23° 43' E. 93.35 feet to an iron on the west side of U. S. Route 220; thence with the west line of U. S. Route 220, S. 3° 37' W. 186.3 feet to the Beginning and containing .20 acre and being as more fully shown on survey made by T. P. Parker, SCE, dated 12 June 1965. 5. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed to amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. September 23, 2003 84 ~ billboard. Over time, this should bring about a decrease in the number of billboards in the County. The cap will continue to go down as each board is replaced so that if the cap is 150 today, in three or four years, it will be 145 and three years later, 140. The cap will never go back up and will continue to decrease. New billboards would still be allowed to be constructed in places that are in conformance with the Zoning Ordinance. Ms. Scheid advised that staff has worked with the billboard industry to minimize the impact on their businesses while recognizing that many of the billboards are non-conforming, and to achieve the goal that the Planning Commission established of reducing the number of non-conforming billboards in the County. Ms. Scheid advised that another revision to the ordinance is to allow tri- vision signs which were discussed at the last work session with the Board. The ordinance specifies the time the image may be displayed and the twirl time of the sign. The last change to the ordinance was made at the Planning Commission's last work session when they voted to prohibit back-lit signs in residential areas since they felt these signs were more commercial in character. Ms. Scheid advised that Mr. Mahoney, and Mr. Dicks, from Lamar Advertising Co., were present to answer questions. Supervisor Altizer advised that he was appreciative of the staff's work and the sign industry's participation in this process. He inquired how many schools and churches would be affected by the prohibition of back-lit signs in residential areas. Ms. Scheid advised that she did know the exact number but this was discussed by the Planning Commission at great length. The Planning Commission felt that it is a problem 0 September 23, 2003 84,3 have outdoor advertising signs in the County. Mr. Dicks advised that the back-lit sign restriction is an on-premise sign issue and was not part of the sign industry's overall review. He advised that all of the members of the sign industry were consulted and they support the ordinance as presented with respect to the off-premise sign revisions. Ms. Twila Briscoe, 319 Clubhouse Drive, advised that she owns two childcare centers in the Hollins District and presented a petition of business owners from the Peters Creek Road exit to Plantation Road objecting to the billboard posted on Williamson Road advertising a Gentleman's Club in West Virginia. They are unaware of what are the appropriate billboard guidelines and this is the first time they have noticed a distasteful billboard in the community. Chairman McNamara referred the petition to Mr. Mahoney and asked that he respond to Ms. Briscoe. Mr. Robert R. Frydrych, 6014 Williamson Road, spoke of his concern about restricting businesses to five signs and asked how the number of signs is determined. Ms. Scheid advised that the restriction to five signs is already in the sign ordinance and is not a part of this revision. Ms. Scheid advised that open and close signs, directional signs of certain sizes, street signs, no trespassing signs, and flags are not considered advertising signs. Mr. Frydrych advised that he felt that every sign in the Kroger store windows would be considered an advertising sign. Ms. Scheid advised that advertising signs must be visible from the public right-of-way and many stores have signs that are not visible from the right-of-way but are visible as you approach the stores on foot. In response to Mr. Frydrych's questions, Ms. Scheid advised that the Zoning 0 September 23, 2003 $,4,5 suggestion that the back-lit sign prohibition in residential areas be removed from the ordinance. He also expressed agreement with Mr. Frydrych concerning the many signs at the Kroger Stores which are visible from the right-of-way but he does not want the Board to have the reputation of hurting legitimate retail businesses, churches and schools. He advised that on Routes 419 and 221, there are probably 50 to 100 signs in the right-of-way and median which may or may not be illegal. He suggested that the restriction to five advertising signs needs more review. Supervisor Minnix advised that Ms. Scheid and the sign industry are satisfied with the document, both having altered their positions, and they have accomplished what the Board requested. Although the ordinance is not perfect and will not satisfy everyone, he will support it. Supervisor Altizer moved to adopt the ordinance with the deletion of Paragraph 7 of Sec. 30-93-13. District Regulations (B) "Backlighted signs shall not be permitted in the R-1 zoning district." Supervisor Flora advised that he intends to support the motion and he commended the efforts to reach a compromise. He does not see a problem with removing the restriction on back-lit signs in residential areas since churches and schools are the only ones affected as there is no other legally permitted use of signs in the R-1 district. Supervisor McNamara advised that he would support the motion. He felt that removal of the back-lit restriction is appropriate since this revision of the sign 0 September 23, 2003 847 1. That Section 30-93. Signs of the Roanoke County Code be amended to read and provide as follows: SEC. 30-93. SIGNS. Sec. 30-93-1. Purpose. (A) These regulations are intended to define, permit and control the use of signs. They have been established by the board to achieve the following community goals and objectives: 1. Protect the health, safety, and welfare of the public. 2. Promote the economic growth of Roanoke County by creating a community image that is conducive to attracting new business and industrial development. 3. Distribute equitably the privilege of using the public environs to communicate private information. 4. Permit reasonable legibility and effectiveness of signs and to prevent their over-concentration, improper placement and excessive height, bulk, density, and area. 5. Promote the safety of persons and property by requiring that signs not create a hazard due to collapse, fire, decay, or abandonment. 6. Ensure that signs do not obstruct fire-fighting efforts, and do not create traffic hazards by confusing or distracting motorists or by impairing drivers' ability to see pedestrians, obstacles, or other vehicles or to read traffic signs. 7. Provide for the reasonable advertising of business and civic products and services, with recognition of the effects of signage on the character of the community. 8. Control visual clutter, and encourage high professional standards in sign design and display. 9. Establish clear procedures for the administration and enforcement of this 0 September 23, 2003 gq.g conduct of business. This section shall not be interpreted to permit the parking for display purposes a vehicle to which a sign is attached or the use of such a vehicle as a portable sign. 8. Flags and insignias of any government except when displayed in connection with commercial purposes. 9. On-premises real estate signs in residential or agricultural zoning districts not exceeding five (5) square feet in area, or on-premises real estate signs in commercial or industrial zoning districts not exceeding sixteen (16) square feet in area. On-premises real estate signs larger than these exempted allowances may be installed as temporary signs in accordance with Section 30-93-8(B). 10. Clocks that display time and temperature through the use of mechanical means or the controlled display of lights, provided these devices do not display any other message. 11. Political campaign signs provided that they are located outside of the public right-of-way, and are removed within fourteen (14) days after the campaign. 12. Signs displayed between Thanksgiving and Christmas associated with the sale of Christmas trees and wreaths. 13. Signs on the inside of establishments, except those signs specified in Sections 30-93-4(A)5. and 7., which shall not be excluded. 14. On-premises agricultural product signs associated with the seasonal and/or incidental sale of such products on property where the primary land use is residential or agricultural, provided such signs do not exceed four (4) square feet in area. 15. Signs that are displayed by or promote civic, religious, educational or charitable organizations or causes, provided such signs are displayed no longer than thirty (30) days per calendar year. Sec. 30-93-4. Prohibited Signs. (A) The following signs are prohibited within Roanoke County: 1. Any sign that due to its size, location, color, or illumination obscures a sign 0 r ,• September 23, 2003 85 ~ 4~" Sec. 30-93-5. Sign Permits. (A) Except as provided in Section 30-93-3, no sign may be erected or displayed in Roanoke County without an approved sign permit. Applications for a sign permit may be obtained from the Roanoke County Department of community development. Signs that are not visible from a public right-of-way do not have to conform to the provisions of Section 30-93-13, District Regulations, and the square footage of such signs shall not be included when calculating allowable signage on a lot. (B) Any owner of a parcel of land upon which a sign is to be displayed, or any authorized agent of such owner may apply for a sign permit. (C) Every application for a sign permit shall include a sketch of the property indicating the lot frontage. The application shall also indicate the square footage of all existing signs on the property, and the area, size, structure, design, location, lighting, and materials for the proposed signs. In addition, the administrator may require that the application contain any other information that is necessary to ensure compliance with, or effectively administer, these regulations. (D) Anon-refundable sign permit fee is due and payable with the filing of a sign permit application. More than one sign on one building or group of buildings located on the same parcel of land may be included on one application provided that all such signs be applied for at one time. "n °~~!°-r°^~^^r°^, °;u^ ^°rmi+ .Y.~y bo (E) After the issuance of an approved sign permit, the applicant may install and display any such sign or signs approved. Once installed, the administrator may inspect the sign(s) for conformance with the approved sign permit and this ordinance. If the displayed sign(s), due to size, location, height, or number do not conform to the information on the approved sign permit, or the applicable standards of this ordinance, the administrator shall notify the applicant in accordance with Section 30-21. September 23, 2003 853 Sec. 30-93-7. Calculation of Allowable Sign Area on Corner Lots. (A) On corner lots, the front shall be either (a) the side fronting the street providing major access, or (b) the side which the main entrance of the structure faces. In situations where neither of these methods clearly distinguishes the front, the administrator shall make a determination. (B) For commercial or industrial uses, the front shall not be a primarily residential street. (C) On corner lots where a building or buildings face more than one street, sign area shall be allowed for front lineal footage as indicated in the district regulations, and for one-half the side street frontage, provided: 1. The side street does not front on a primarily residential area; 2. Sign area as determined by each frontage is placed only on the frontage from which it is determined. Sec. 30-93-8. Temporary Signs. (A) Any person wishing to display a temporary sign must apply for a sign permit pursuant to Section 30-93-5. Except as provided in subsections (B) and (C) below, pertaining to real estate and construction signs, temporary signs shall comply with the following standards: ~~ :~_: expir ' ~ ~"~ ` ~fa'=eaC~f~C-, sF` 111n hip i.,o c• .,,n~i r1icNIN~ ~: e ~ ~ ~~ September 23, 2003 855 (A) No projecting or suspended sign shall extend more than six (6) feet from any wall or other structure to which it is affixed, nor shall any such sign have a setback of less than fifteen (15) feet from the nearest public right-of-way. (B) The bottom edge of any projecting or suspended sign must be at least seven (7) feet above the ground if located above any publicly accessible walkway or driveway. (C) No projecting or suspended sign shall project or suspend over an adjoining lot, without the expressed written consent of the adjoining property owner. Sec. 30-93-11. a rs o;, Nonconforming Signs. (A) Any sign which was lawfully in existence at the time of the effective date of this ordinance which does not conform to the provisions herein, and any sign which is accessory to a nonconforming use, shall be deemed a nonconforming sign and may remain except as qualified in subsection (C), below. No nonconforming sign shall be enlarged, extended, structurally reconstructed, or altered in any manner; except a sign head may be changed so long as the new head is equal to, or reduced in height, sign area, and/or projection, and so long as the sign is not changed from an on-premises sign to an off-premises sign. (B) The addition of lighting or illumination to a nonconforming sign, shall constitute an expansion of a nonconforming structure, and shall not be permitted under these regulations. , ~ September 23, 2003 8j7 (A) The Building Commissioner of Roanoke County shall have the authority to order the removal, without compensation, of any sign or sign structure that due to neglect or damage poses a clear danger to the health, safety and welfare of the public. Sec. 30-93-13. District Regulations. (A) A G-3 and AG-1 Zoning Districts. 1. Lots within an AG-3 and AG-1 districts shall be allowed a maximum signage allocation not to exceed one-quarter (0.25) square foot of sign area per one (1) lineal foot of lot frontage. 2. The following signs shall be allowed in the AG-3 and AG-1 districts subject to the regulations contained herein: Business Signs. Each permitted business shall be allowed a maximum of fifty (50) square feet of sign area, provided that the total signage on the lot does not exceed the allowable maximum as defined in (1) above. Businesses that request sign permits for lots that meet or exceed their allowable sign allocation shall be allowed a maximum of twenty-five (25) square feet of signage. Identification Signs. A maximum of thirty (30) square feet shall be allowed per use. Home Occupation Signs. A maximum of two (2) square feet shall be allowed per home occupation, or group of home occupations within one (1) home. Historic Site Signs. A maximum of fifteen (15) square feet shall be allowed per sign. Temporary Signs. Temporary signs shall be allowed in accordance with Section 30-93-8. 3. No freestanding sign shall be allowe~ lot having less than twe ~h~ rr~inmt~, - :e ' i~. d loffo' ~~, ~ ro ert`` The re uired minimum separation for ~ ~, , - .~~~__. q freestanding signs on a lot or lots under single ownership or control shall be two hundred fifty (250) feet. No freestanding sign shall be located within fifteen (15) feet of any other freestanding sign on an adjacent or adjoining lot. 0 September 23, 2003 85C~ adjoining lot. 4. 1=keen,(~f 5. ~1~-.v~°°"tai~ainn inn hall ovnoorl +on /1 /1\ foot in haiah aYlm(,~~~$~~ 6. No establishment shall be allowed more than two (2) signs. (C) AV Village Center and NC Neighborhood Commercial District Regulations. 1. Lots within AV and NC districts shall be allowed a maximum signage allocation not to exceed one (1) square foot of sign area per one (1) lineal foot of lot frontage. 2. The following signs shall be allowed in AV and NC districts subject to the regulations contained herein: Business Signs. Each permitted business in AV and NC districts shall be allowed a maximum of four hundred (400) square feet of sign area, provided that the total signage on the lot does not exceed the allowable maximum as defined in (1) above. Businesses that request sign permits for lots that meet or exceed their allowable sign allocation shall be allowed a maximum of twenty-five (25) square feet of signage. Identification Signs. Identification signs shall be subject to the same regulations as business signs within this district. Historic Site Signs. A maximum of fifteen (15) square feet shall be allowed per sign. Temporary Signs. Temporary signs shall be allowed in accordance with Section 30-93-8. 3. No on-premises freestanding sign shall be allowed on an lot having less ~ ~~„ ~~: than _ .~ r , ,a,~ ~ qu,~~. t.. ra^{7[T..;.*aT-'.~~cr F^r`~~vri~t^ _,-~~_ ^,:Z ¢m• -~? ~'r2Fir>'w!q^' CO~ntaae_.for.=y~~i~~~nq~strt~f~~af~~E~.~~pCC~ .The required minimum September 23, 2003 861 ~~~ -"~ ~` ~~:t~" ~ ~ ~~ert~. The required minimum separation for freestanding signs on a lot or lots under single ownership or control shall be two hundred fifty (250) feet. No freestanding sign shall be located within fifteen (15) feet of any other freestanding sign on an adjacent or adjoining lot. 4. No establishment shall be allowed more than four (4) signs. (E) C-2 General Commercial District Regulations. Lots within a C-2 district shall be allowed a maximum signage allocation not to exceed one and one-half (1.50) square feet of sign area per one (1) lineal foot of lot frontage. 2. The following signs shall be allowed in the C-2 General Commercial District subject to the regulations contained herein: Business Signs. Each permitted business in a C-2 district shall be allowed a maximum of five hundred (500) square feet of sign area, provided that the total signage on the lot does not exceed the allowable maximum as defined in (1) above. Businesses that request sign permits for lots that meet or exceed their allowable sign allocation shall be allowed a maximum of twenty-five (25) square feet of signage. Identification Signs. Identification signs shall be subject to the same regulations as business signs within this district. Cc) Aln frnn + nrlinn inn h~+ll nvnoorl fifFnor~ /1 r.\~oo+ in hoirrh+ y ~ September 23, 2003 863 Cd. Pln franc+~+nr+inrv c~inn ohnll evnaor! fieion+v_fi~in MF\ foo+ in heirrh+. No establishment shall be allowed more than five (5) signs. (F) I-1 and 1-2 Industrial Zoning District Regulations. 1. Lots within I-1 and I-2 districts shall be allowed a maximum signage allocation not to exceed one and one-half (1.5) square feet of sign area per one (1) lineal foot of lot frontage. 2. The following signs shall be allowed in the I-1 and I-2 districts subject to the regulations contained herein: Business Signs. Each business in an industrial zoning district shall be allowed a maximum of three hundred (300) square feet of sign area, provided that the total signage on the lot does not exceed the allowable maximum as defined in (1) above. Businesses that request sign permits for lots that meet or exceed their allowable sign allocation shall be allowed a maximum of twenty-five (25) square feet of signage. Historic Site Signs. A maximum of fifteen (15) square feet shall be allowed per sign. Identification Signs. Identification signs shall be subject to the same regulations as business signs within this district. Temporary Signs. Temporary signs shall be allowed in accordance with Section 30-93-8. 3. No on-premises freestanding sign shall be allowed on any lot having less 0 September 23, 2003 865 ~~ ~~m September 23, 2003 867 a September 23, 2003 869 ordinance. Permitted signage shall be calculated based upon the frontage width of the lot that parallels the nearest public street. (F) Clearbrook village overlay district. signage within the Clearbrook village overlay district should be planned, designed and installed to complement a buildings architectural style. All signage within the Clearbrook village overlay district shall comply with C-1 office district regulations with the following exceptions: 1. Lots within the Clearbrook village overlay district shall be allowed a maximum signage allocation not to exceed one (1) square foot of sign area per one (1) lineal foot of lot frontage. 2. signage placed on a building wall shall occupy less than five (5) percent of the facade of that wall. 3. All freestanding signs shall be of a monument design and shall meet the following criteria: a. Monument signs, including their structure, shall not exceed seven (7) feet in height, or ten (10) feet in width. b. Signs shall be channel lit, ground lit, or top lit with a shielded light source so as not cast light onto the path of traffic or on any adjacent road or property. 4. No establishment shall be allowed more than three (3) signs. 5. A maximum of two (2) directional signs shall be allowed per lot, and no directional sign shall exceed two (2) square feet in size. 6. The following signs shalt be prohibited in the Clearbrook village overlay district: a. Off-premises signs. b. Temporary signs. c. Portable signs. d. Roof signs. (Ord. No. 42694-12, § 25, 4-26-94; Ord. No. 72595-9, § 1, 7-25-95; Ord. No. 042799- 11, § 1 d., 4-27-99) Sec. 30-93-15. Variances. September 23, 2003 87 ~ On motion of Supervisor Altizer to adopt the ordinance with the deletion of Paragraph 7 of Sec. 30-93-13. District Regulations (B) "Backlighted signs shall not be permitted in the R-1 zoning district", and carried by the following recorded vote: AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara NAYS: None IN RE: RECOGNITION Chairman McNamara recognized Eric Call, Assistant Scoutmaster, and members of Troop 352, Locust Grove United Methodist Church in Salem, who attended the meeting to work on their citizenship and community merit badges. IN RE: CITIZENS' COMMENTS AND COMMUNICATIONS Mr. Rick Gordon, 1661 Skyview Road, advised that he had been unable to get a trash can for the past year and a half for 1468 Deborah Lane which is an unoccupied house that he owns. He distributed copies of a letter from Ms. Green, General Services Director, telling him that the County provides trash pickup to residential customers which means occupied dwellings and does not provide cans or service to homes under construction or that are being renovated. He advised that the home is vacant but there is no construction being done. Chairman McNamara asked Mr. Hodge to meet with Mr. Gordon to resolve the situation. IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS Supervisor Church: (1) He advised Donnie Daniels of Cherokee Hills that he is referring his concerns about paving the roads in his neighborhood to Arnold Covey, and he will contact Mr. Daniels when more information is received. (2) He advised that there are two more community meetings to be held in the County Brenda J. Holton Deputy Clerk to the Board September 23, 2003 Joseph P. McNamara Chairman 873 September 30, 2003 875 Roanoke County Administration Center 5204 Bernard Drive Roanoke, Virginia 24018 September 30, 2003 The Board of Supervisors of Roanoke County, Virginia held a special meeting this day at the Roanoke County Administration Center for the purpose of conducting a closed meeting pursuant to Section 2.2-3711 A (7), consultation with legal counsel pertaining to probable litigation and regarding specific legal matters requiring the provision of legal advice by the County Attorney, namely the location of the methadone clinic. IN RE: CALL TO ORDER Chairman McNamara called the meeting to order at 11:59 a.m. The roll call was taken. MEMBERS PRESENT: Chairman Joseph McNamara, Vice-Chairman Richard C. Flora, Supervisors Michael W. Altizer, Joseph B. "Butch" Church MEMBERS ABSENT: Supervisor H. Odell "Fuzzy" Minnix 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 O'Donnell, Assistant County Administrator Chairman McNamara noted that Supervisor Minnix was unable to attend today's meeting and that he had wanted to participate via telephone; however, this type of electronic meeting is not allowed. He advised that Supervisor Minnix will be briefed regarding today's meeting. 0 September 30, 2003 87'7 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. On motion of Supervisor Flora to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Flora, Church, Altizer, McNamara NAYS: None ABSENT: Supervisor Minnix IN RE: ADJOURNMENT Chairman McNamara adjourned the meeting at 1:00 p.m. Submitted by: Diane S. Childers Clerk to the Board Approved by: Joseph P. McNamara Chairman ti r R ACTION NO. A-101403-5.a ITEM NO. I-2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: October 14, 2003 AGENDA ITEM: Confirmation of committee appointment to the Virginia Western Community College Board SUBMITTED BY: Diane S. Childers Clerk to the Board APPROVED BY: Elmer C. Hodge County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Virginia Western Community College Board: The Board has requested that David P. Mitchell, Jr. be placed on the agenda for nomination and confirmation at the October 14 meeting. Mr. Mitchell will complete the unexpired term of John P. Frye, Jr., who has indicated he is unable to serve in this capacity. This term will expire on June 30, 2007. STAFF RECOMMENDATION: It is recommended that the above appointment to the Virginia Western Community College Board be confirmed. 1 VOTE: Supervisor McNamara motion to approve staff recommendation Motion Approved Yes No Abs Mr. Flora ® ^ ^ Mr. Church ® ^ ^ Mr. Minnix ® ^ ^ Mr. Altizer ® ^ ^ Mr. McNamara ® ^ ^ cc: File Virginia Western Community College Board File ACTION NO. ITEM NO. ~- o~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: AGENDA ITEM: SUBMITTED BY: APPROVED BY: October 14, 2003 Confirmation of committee appointment to the Virginia Western Community College Board Diane S. Childers Clerk to the Board Elmer C. Hodge ~~ County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Virginia Western Community College Board: The Board has requested that David P. Mitchell, Jr. be placed on the agenda for nomination and confirmation at the October 14 meeting. Mr. Mitchell will complete the unexpired term of John P. Frye, Jr., who has indicated he is unable to serve in this capacity. This term will expire on June 30, 2007. STAFF RECOMMENDATION: It is recommended that the above appointment to the Virginia Western Community College Board be confirmed. ACTION NO. A-101403-5.b ITEM N0. I-3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: October 14, 2003 AGENDA ITEM: Request to accept and appropriate a grant from the Department of Criminal Justice Services in the amount of $5,025 for use by the Roanoke Valley Triad for the purchase of 19 Project Lifesaver bracelets SUBMITTED BY: APPROVED BY: James R. Lavinder Chief of Police Elmer C. Hodge County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The Roanoke County Police Department is active in senior crime prevention efforts and recognizes the need to improve the quality of life of individuals inflicted with Alzheimer's and related mental dysfunction disorders (ARMD). The funds provided from the Department of Criminal Justice Services will facilitate the department's mission by allowing the department to purchase 19 Project Lifesaver bracelets. The bracelet places a personalized radio transmitter on identified persons with an ARMD. These transmitters assist caregivers and local emergency agencies in locating those who wander from their home or care site. FISCAL IMPACT: The Department of Criminal Justice Services has provided $5,025 in grantfunds to use for Triad Crime Prevention Programs. The grant requires a match of $1,675 in funds from Roanoke County, and these funds are available in the Police Department budget. ALTERNATIVES: There are no alternative funding sources available at this time. If accepted, these funds should be appropriated to a separate account for the Police Department established by the Finance Department. STAFF RECOMMENDATION: Staff recommends acceptance and appropriation of the Department of Criminal Justice Services grant in the amount of $5,025. VOTE: Supervisor McNamara motion to approve staff recommendation Motion Approved Yes No Abs Mr. Flora ® ^ ^ Mr. Church ® ^ ^ Mr. Minnix ® ^ ^ Mr. Altizer ® ^ ^ Mr. McNamara ® ^ ^ cc: File J.R. Lavinder, Chief of Police Jimmy Chapman, Grant Administrator, Police Department Rebecca Owens, Director, Finance 2 -- ~ ACTION NO. ITEM NO. T - 3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: October 14, 2003 AGENDA ITEM: Request to accept and appropriate a grant from the Department of Criminal Justice Services in the amount of $5,025 for use by the Roanoke Valley Triad for the purchase of 19 Project Lifesaver bracelets SUBMITTED BY: James R. Lavinder Chief of Police APPROVED BY: Elmer C. Hodge ~~ County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The Roanoke County Police Department is active in senior crime prevention efforts and recognizes the need to improve the quality of life of individuals inflicted with Alzheimer's and related mental dysfunction disorders (ARMD). The funds provided from the Department of Criminal Justice Services will facilitate the department's mission by allowing the department to purchase 19 Project Lifesaver bracelets. The bracelet places a personalized radio transmitter on identified persons with an ARMD. These transmitters assist caregivers and local emergency agencies in locating those who wander from their home or care site. FISCAL IMPACT: The Department of Criminal Justice Services has provided $5,025 in grant funds to use for Triad Crime Prevention Programs. The grant requires a match of $1,675 in funds from Roanoke County, and these funds are available in the Police Department budget. .. '~. .~ ..~. ~ ALTERNATIVES: There are no alternative funding sources available at this time. If accepted, these funds should be appropriated to a separate account for the Police Department established by the Finance Department. STAFF RECOMMENDATION: Staff recommends acceptance and appropriation of the Department of Criminal Justice Services grant in the amount of $5,025. 4 ~. ACTION NO. A-101403-5.c ITEM NO. I-4 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: October 14, 2003 AGENDA ITEM: Request to accept and appropriate E-Rate reimbursement funds in the amount of $2,018.88 SUBMITTED BY: Dr. Jane James Director of Technology APPROVED BY: Elmer C. Hodge County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Roanoke County Schools anticipated receiving reimbursements from the Universal Service Fund (E-Rate) Program for the 2002-2003 year in the amount of $47,478. This amount was appropriated and spent during the budget year as per Board action on April 10, 2003. When final reimbursements forms were completed for the fiscal year, the amount eligible for reimbursement was $49,496.88, which is $2,018.88 more than anticipated. Staff requests that this additional amount be appropriated for purchase of instructional equipment. FISCAL IMPACT: None ALTERNATIVES: None 1 STAFF RECOMMENDATION: Staff recommends acceptance and appropriation of additional E-Rate funds in the amount of $2,018.88 for the purchase of instructional equipment. VOTE: Supervisor McNamara motion to approve staff recommendation Motion Approved Yes No Abs Mr. Flora ® ^ ^ Mr. Church ® ^ ^ Mr. Minnix ® ^ ^ Mr. Altizer ® ^ ^ Mr. McNamara ® ^ ^ cc: File Dr. Jane James, Director of Technology Dr. Linda Weber, School Superintendent Brenda Chastain, Clerk, School Board Rebecca Owens, Director, Finance 2 ACTION NO. ITEM NO. -I~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: October 14, 2003 AGENDA ITEM: Request to accept and appropriate E-Rate reimbursement funds in the amount of $2,018.88 SUBMITTED BY: Dr. Jane James Director of Technology APPROVED BY: Elmer C. Hodge ~~ County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Roanoke County Schools anticipated receiving reimbursements from the Universal Service Fund (E-Rate) Program for the 2002-2003 year in the amount of $47,478. This amount was appropriated and spent during the budget year as per Board action on April 10, 2003. When final reimbursements forms were completed for the fiscal year, the amount eligible for reimbursement was $49,496.88, which is $2,018.88 more than anticipated. Staff requests that this additional amount be appropriated for purchase of instructional equipment. FISCAL IMPACT: None ALTERNATIVES: None STAFF RECOMMENDATION: Staff recommends acceptance and appropriation of additional E-Rate funds in the amount of $2,018.88 for the purchase of instructional equipment. ACTION NO. A-101403-5.d ITEM NO. I-5 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: October 14, 2003 AGENDA ITEM: Request to accept and appropriate grant in the amount of $1,500 from the Virginia Commission for the Arts SUBMITTED BY: Dr. Lorraine Lange Assistant Superintendent of Instruction APPROVED BY: Elmer C. Hodge County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The Virginia Commission for the Arts approved a grant in the amount of $1,500 for Roanoke County Schools to apply towards arts curriculum development for the Center for Visual Arts. A check in the amount of $1,275 was received from the Commission for the Arts. As per contract with the Commission, the balance of $225 will be sent to Roanoke County Schools upon receipt of the final report. FISCAL IMPACT: None ALTERNATIVES: None STAFF RECOMMENDATION: Staff recommends acceptance and appropriation of the $1,500 grant to account 793530- 5850. 1 Y~ VOTE: .S Supervisor McNamara motion to approve staff recommendation Motion Approved Yes No Abs Mr. Flora ® ^ ^ Mr. Church ® ^ ^ Mr. Minnix ® ^ ^ Mr. Altizer ® ^ ^ Mr. McNamara ~ ^ ^ cc: File Dr. Lorraine Lange, Assistant Superintendent of Instruction Dr. Linda Weber, School Superintendent Brenda Chastain, Clerk, School Board Rebecca Owens, Director, Finance 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 14, 2003 AGENDA ITEM: Request to accept and appropriate grant in the amount of $1,500 from the Virginia Commission for the Arts SUBMITTED BY: Dr. Lorraine Lange Assistant Superintendent of Instruction APPROVED BY: Elmer C. Hodge ~l' County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The Virginia Commission for the Arts approved a grant in the amount of $1,500 for Roanoke County Schools to apply towards arts curriculum development for the Center for Visual Arts. A check in the amount of $1,275 was received from the Commission for the Arts. As per contract with the Commission, the balance of $225 will be sent to Roanoke County Schools upon receipt of the final report. FISCAL IMPACT: None ALTERNATIVES: None STAFF RECOMMENDATION: Staff recommends acceptance and appropriation of the $1,500 grant to account 793530- 5850. r y ACTION N0. A-101403-5.e ITEM NO. I-6 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: October 14, 2003 AGENDA ITEM: Request to accept and appropriate grant in the amount of $1,966 for assistive technology SUBMITTED BY: Dr. Patricia Radcliffe Director of Special Education and Pupil Personnel Services APPROVED BY: Elmer C. Hodge County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Through Superintendents Memorandum No. 103, local school divisions were given the opportunity to complete a survey related to assistive technology use in their school division and apply for funds up to $2,000 to be used for the purchase of assistive technology equipment/materials. The funds are being made available to school divisions to assist with addressing improvements in meeting the requirement of considering assistive technology needs for each student with a disability. Roanoke County Public Schools received notification of our approval for $1,966 on August 20, 2003 with the understanding that funds must be expended by September 30, 2003. The $1,966 will be used to purchase equipment for use by the special education staff to assist with assessment of assistive technology needs for students with disabilities. FISCAL IMPACT: None ALTERNATIVES: None t STAFF RECOMMENDATION: Staff recommends acceptance and appropriation of grant funds in the amount of $1,966 for assistive technology. VOTE: Supervisor McNamara motion to approve staff recommendation Motion Approved Yes No Abs Mr. Flora ® ^ ^ Mr. Church ® ^ ^ Mr. Minnix ® ^ ^ Mr. Altizer ® ^ ^ Mr. McNamara ® ^ ^ cc: File Dr. Patricia Radcliffe, Director of Special Education and Pupil Personnel Services Dr. Linda Weber, School Superintendent Brenda Chastain, Clerk, School Board Rebecca Owens, Director, Finance 2 ... ACTION NO. ITEM NO. ~ -(o AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: AGENDA ITEM: SUBMITTED BY: APPROVED BY: October 14, 2003 Request to accept and appropriate grant in the amount of $1,966 for assistive technology Dr. Patricia Radcliffe Director of Special Education and Pupil Personnel Services Elmer C. Hodge F~ County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Through Superintendents Memorandum No. 103, local school divisions were given the opportunity to complete a survey related to assistive technology use in their school division and apply for funds up to $2,000 to be used for the purchase of assistive technology equipment/materials. The funds are being made available to school divisions to assist with addressing improvements in meeting the requirement of considering assistive technology needs for each student with a disability. Roanoke County Public Schools received notification of our approval for $1,966 on August 20, 2003 with the understanding that funds must be expended by September 30, 2003. The $1,966 will be used to purchase equipment for use by the special education staff to assist with assessment of assistive technology needs for students with disabilities. FISCAL IMPACT: None ALTERNATIVES: None ,~ v . STAFF RECOMMENDATION: Staff recommends acceptance and appropriation. of grant funds in the amount of $1,966 for assistive technology. I ACTION NO. A-101403-5.f ITEM NO. I-7 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: October 14, 2003 AGENDA ITEM: Designation of voting delegate to the Virginia Association of Counties (VACo) conference to be held November 9-11, 2003 SUBMITTED BY: Diane S. Childers Clerk to the Board APPROVED BY: Elmer C. Hodge County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The Virginia Association of Counties (VACo) annual conference will be held November 9- 11, 2003. They have requested that each county designate a representative of its Board of Supervisors to cast its votes at the annual business meeting on Tuesday, November 11. The voting credentials form must be submitted to VACo by November 1, 2003. All members of the Board of Supervisors are planning to attend the conference this year and are scheduled to hold a retreat on November 9 prior to the start of the conference. STAFF RECOMMENDATION: It is recommended that the Board of Supervisors designate Chairman McNamara to serve as Roanoke County's voting delegate and that the voting credentials form be forwarded to VACo. If Chairman McNamara is unable to attend the business meeting, the Board designates Vice-Chairman Flora to serve as its alternate delegate. VOTE: Supervisor McNamara motion to approve staff recommendation Motion Approved Yes No Abs Mr. Flora ® ^ ^ Mr. Church ® ^ ^ Mr. Minnix ~ ^ ^ Mr. Altizer ® ^ ^ Mr. McNamara ~ ^ ^ cc: File VACo File ACTION NO. ITEM NO. Z'- ~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: October 14, 2003 AGENDA ITEM: SUBMITTED BY: APPROVED BY: Designation of voting delegate to the Virginia Association of Counties (VACo) conference to be held November 9-11, 2003 Diane S. Childers Clerk to the Board Elmer C. Hodge ~~~ County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The Virginia Association of Counties (VACo) annual conference will be held November 9- 11, 2003. They have requested that each county designate a representative of its Board of Supervisors to cast its votes at the annual business meeting on Tuesday, November 11. The voting credentials form must be submitted to VACo by November 1, 2003. All members of the Board of Supervisors are planning to attend the conference this year and are scheduled to hold a retreat on November 9 prior to the start of the conference. STAFF RECOMMENDATION: It is recommended that the Board of Supervisors designate Chairman McNamara to serve as Roanoke County's voting delegate and that the voting credentials form be forwarded to VACo. If Chairman McNamara is unable to attend the business meeting, the Board designates Vice-Chairman Flora to serve as its alternate delegate. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, OCTOBER 14, 2003 RESOLUTION 101403-5.g EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY UPON THE RETIREMENT OF CECIL SHOWALTER, GENERAL SERVICES DEPARTMENT, AFTER SIXTEEN YEARS OF SERVICE WHEREAS, Cecil Showalter was employed by Roanoke County on October 20, 1986, as a Refuse Collector for the General Services Department; and WHEREAS, Mr. Showalter retired from the County as an Equipment Operator on October 1, 2003, after sixteen years and eleven months of service; and WHEREAS, Mr. Showalter was an outstanding and extremely dependable employee who demonstrated to citizens his caring attitude and willingness to go the "extra" mile in all of his duties; and WHEREAS, Mr. Showalter was well-liked and respected byhis co-workers and was a valuable asset and resource with his knowledge of County streets; and WHEREAS, Mr. Showalter has served with professionalism and integrity and 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 CECIL SHOWALTER for more than sixteen years of capable, loyal and 1 dedicated service to Roanoke County; and FURTHER, the Board of Supervisors does express its best wishes for a happy, and productive retirement. On motion of Supervisor McNamara to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara NAYS: None A COPY TESTE: SAO ~ ~~~~~~ Diane S. Childers Clerk to the Board of Supervisors cc: File Joseph Sgroi, Director, Human Resources Anne Marie Green, Director, General Services Resolution of Appreciation/Congratulations File 2 ACTION NO. ITEM NO. Z- AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: October 14, 2003 AGENDA ITEM: Request for approval of resolution of appreciation upon the retirement of Cecil Showalter, General Services Department, after sixteen years of service SUBMITTED BY: Brenda J. Holton Deputy Clerk to the Board APPROVED BY: Elmer C. Hodge County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The Human Resources Department has notified us that Cecil Showalter, General Services Department, retired on October 1, 2003. He has advised us that he will be unable to attend a Board meeting and requested that his resolution be mailed. STAFF RECOMMENDATION: It is recommended that the Board approve the attached resolution and direct the Deputy Clerk to mail it to Mr. Showalter with the appreciation of the Board members for his many years of service to the County. ...~ ~" AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, OCTOBER 14, 2003 RESOLUTION EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY UPON THE RETIREMENT OF CECIL SHOWALTER, GENERAL SERVICES DEPARTMENT, AFTER SIXTEEN YEARS OF SERVICE WHEREAS, Cecil Showalter was employed by Roanoke County on October 20, 1986, as a Refuse Collector for the General Services Department; and WHEREAS, Mr. Showalter retired from the County as an Equipment Operator on October 1, 2003, after sixteen years and eleven months of service; and WHEREAS, Mr. Showalterwas an outstanding and extremely dependable employee who demonstrated to citizens his caring attitude and willingness to go the "extra" mile in all of his duties; and WHEREAS, Mr. Showalter was well-liked and respected byhis co-workers and was a valuable asset and resource with his knowledge of County streets; and WHEREAS, Mr. Showalter has served with professionalism and integrity and 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 CECIL SHOWALTER for more than sixteen years of capable, loyal and dedicated service to Roanoke County; and 1 _ ~ ~~J FURTHER, the Board of Supervisors does express its best wishes for a happy, and productive retirement. ~ z AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, OCTOBER 14, 2003 RESOLUTION 101403-5.h EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY UPON THE RETIREMENT OF MICHAEL J. SIMPSON, SHERIFF'S OFFICE, AFTER TWENTY-SEVEN YEARS OF SERVICE WHEREAS, Michael J. Simpson was employed by Roanoke County on August 2, 1976, as a Deputy Sheriff with the Sheriff's Office, and also served as Rehabilitation Counselor, Deputy Sheriff -Chief Corrections Rehabilitation Counselor, Deputy Sheriff - Sergeant -Classification and Treatment, and Deputy Sheriff -Sergeant -Civil Division; and WHEREAS, Sergeant Simpson retired from Roanoke County on October 1, 2003, after twenty-seven years and two months of service; and WHEREAS, Sergeant Simpson exhibited professionalism and integrity during his many years of service and was instrumental in the progress of the Roanoke County Sheriff's Office. 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 MICHAEL J. SIMPSON for more than twenty-seven years of capable, loyal and dedicated service to Roanoke County; and FURTHER, the Board of Supervisors does express its best wishes for a happy and productive retirement. .t -+ On motion of Supervisor McNamara to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara NAYS: None A COPY TESTE: Diane S. Childers Clerk to the Board of Supervisors cc: File Joseph Sgroi, Director, Human Resources Gerald Holt, Sheriff Resolutions of Appreciation/Congratulations 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, OCTOBER 14, 2003 RESOLUTION 101403-5.i EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY UPON THE RETIREMENT OF ARTHUR L. LEE, SHERIFF'S OFFICE, AFTER TWENTY-SIX YEARS OF SERVICE WHEREAS, Arthur L. Lee was employed by Roanoke County on May 1, 1977, as a Deputy Sheriff with the Sheriffs Office where he served in several capacities during his years of service, including shift supervisor, with the rank of Sergeant; and WHEREAS, Deputy Lee completed the lawenforcement course at Cardinal Criminal Justice Academy; and WHEREAS, Deputy Lee retired from Roanoke County on October 1, 2003, after twenty-six years and five months of service; and WHEREAS, Deputy Lee exhibited professionalism and integrity during his many years of service and was instrumental in the forward progress of the Roanoke County Sheriffs Office. 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 ARTHUR L. LEE for more than twenty-six years of capable, loyal and dedicated service to Roanoke County; and 1 FURTHER, the Board of Supervisors does express its best wishes for a happy and productive retirement. On motion of Supervisor McNamara to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara NAYS: None A COPY TESTE: Diane S. Childers Clerk to the Board of Supervisors cc: File Joseph Sgroi, Director, Human Resources Gerald Holt, Sheriff Resolutions of Appreciation/Congratulations 2 - s ACTION NO. ITEM NO. Z - q,c~ -~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: October 14, 2003 AGENDA ITEM: Request for approval of resolutions of appreciation upon the retirements of the following employees of the Sheriff's Office: (a) Michael J. Simpson, after twenty-seven years of service (b) Arthur L. Lee, after twenty-six years of service SUBMITTED BY: Brenda J. Holton Deputy Clerk to the Board APPROVED BY: Elmer C. Hodge +~ ~~ County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The Human Resources Department has notified us that Michael J. Simpson and Arthur L. Lee, Sheriff's Office, retired on October 1, 2003. They have advised us that they will be unable to attend a Board meeting and requested that their resolutions be mailed. STAFF RECOMMENDATION: It is recommended that the Board approve the attached resolutions and direct the Deputy Clerk to mail them to Mr. Simpson and Mr. Lee with the appreciation of the Board members for their many years of service to the County. ,, i AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, OCTOBER 14, 2003 RESOLUTION EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY UPON THE RETIREMENT OF MICHAEL J. SIMPSON, SHERIFF'S OFFICE, AFTER TWENTY-SEVEN YEARS OF SERVICE Z-~ .o.. WHEREAS, Michael J. Simpson was employed by Roanoke County on August 2, 1976, as a Deputy Sheriff with the Sheriff's Office, and also served as Rehabilitation Counselor, Deputy Sheriff -Chief Corrections Rehabilitation Counselor, Deputy Sheriff - Sergeant -Classification and Treatment, and Deputy Sheriff -Sergeant -Civil Division; and WHEREAS, Sergeant Simpson retired from Roanoke County on October 1, 2003, after twenty-seven years and two months of service; and WHEREAS, Sergeant Simpson exhibited professionalism and integrity during his many years of service and was instrumental in the progress of the Roanoke County Sheriff's Office. 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 MICHAEL J. SIMPSON for more than twenty-seven years of capable, loyal and dedicated service to Roanoke County; and FURTHER, the Board of Supervisors does express its best wishes for a happy and productive retirement. - . ~. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, OCTOBER 14, 2003 RESOLUTION EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY UPON THE RETIREMENT OF ARTHUR L. LEE, SHERIFF'S OFFICE, AFTER TWENTY-SIX YEARS OF SERVICE -f" - I ~~ WHEREAS, Arthur L. Lee was employed by Roanoke County on May 1, 1977, as a Deputy Sheriff with the Sheriff's Office where he served in several capacities during his years of service, including shift supervisor, with the rank of Sergeant; and WHEREAS, Deputy Lee completed the law enforcement course at Cardinal Criminal Justice Academy; and WHEREAS, Deputy Lee retired from Roanoke County on October 1, 2003, after twenty-six years and five months of service; and WHEREAS, Deputy Lee exhibited professionalism and integrity during his many years of service and was instrumental in the forward progress of the Roanoke County Sheriff's Office. 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 ARTHUR L. LEE for more than twenty-six years of capable, loyal and dedicated service to Roanoke County; and FURTHER, the Board of Supervisors does express its best wishes for a happy and productive retirement. ACTION NO. A-101403-5.i ITEM NO. I-10 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: October 14, 2003 AGENDA ITEM: Request to accept and appropriate grant in the amount of $2,100 from the Department of Motor Vehicles (DMV) for police officers to work DUI checkpoints SUBMITTED BY: APPROVED BY: James R. Lavinder Chief of Police Elmer C. Hodge County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The Roanoke County Police Department conducts numerous DUI checkpoints each year. DUI checkpoints provide an effective tool used to strictly enforce DUI violations. The Virginia Department of Motor Vehicles (DMV) has provided grant funding for officers working DUI checkpoints at their overtime rate. FISCAL IMPACT: DMV has provided $2,100 in grant funding with no matching funds required. The grant period runs from October 1, 2003 and January 4, 2004. ALTERNATIVES: At this time no alternative funding is available. The funding is provided to the Police Department with no requirement of matching funds. If accepted, these funds should be appropriated to the Roanoke County Police Department's uniform personnel overtime and FICA accounts. STAFF RECOMMENDATION: Staff recommends acceptance of the DMV grant in the amount of $2,100. .~ VOTE: Supervisor McNamara motion to approve staff recommendation Motion Approved Yes No Abs Mr. Flora ® ^ ^ Mr. Church ® ^ ^ Mr. Minnix ® ^ ^ Mr. Altizer ® ^ ^ Mr. McNamara ® ^ ^ cc: File J.R. Lavinder, Chief of Police Jimmy Chapman, Grant Administrator, Police Department Rebecca Owens, Director, Finance- 2 I ACTION NO. ITEM NO. ~ - I ~} AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: October 14, 2003 AGENDA ITEM: Request to accept and appropriate grant in the amount of $2,100 from the Department of Motor Vehicles (DMV) for police officers to work DUI checkpoints SUBMITTED BY: APPROVED BY: James R. Lavinder Chief of Police Elmer C. Hodge ~~ County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The Roanoke County Police Department conducts numerous DUI checkpoints each year. DUI checkpoints provide an effective tool used to strictly enforce DUI violations. The Virginia Department of Motor Vehicles (DMV) has provided grant funding for officers working DUI checkpoints at their overtime rate. FISCAL IMPACT: DMV has provided $2,100 in grant funding with no matching funds required. The grant period runs from October 1, 2003 and January 4, 2004. ALTERNATIVES: At this time no alternative funding is available. The funding is provided to the Police Department with no requirement of matching funds. If accepted, these funds should be appropriated to the Roanoke County Police Department's uniform personnel overtime and FICA accounts. STAFF RECOMMENDATION: Staff recommends acceptance of the DMV grant in the amount of $2,100. • ACTION NO. A-101403-5.k ITEM NO. I-11 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: October 14, 2003 AGENDA ITEM: Request to accept and appropriate grant in the amount of $7,900 from the Virginia Fire Services Board to the Fire and Rescue Department for the construction of a trench rescue simulator. SUBMITTED BY: Richard E. Burch Chief of Fire and Rescue APPROVED BY: Elmer C. Hodge County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The Fire and Rescue Department applied for grant funding through the Virginia Fire Services Board competitive training mini-grant program. The competitive mini-grants are intended to provide local jurisdictions with funding to enhance current training purposes. The Fire and Rescue Department received the most funding from this program. The funding will allow the Fire and Rescue Department to construct a trench rescue simulator at the Regional Training Center. The simulator will greatly enhance the ability to respond to trench/cave rescues by providing real life scenarios for fire and rescue personnel. Fiscal year 2003 grant cycle $7,900.00 FISCAL IMPACT: The total grant of $7,900.00 does not require any local match. STAFF RECOMMENDATION: Staff recommends acceptance and appropriation of grant in the amount of $7,900 from the Virginia Fire Services Board to the Fire and Rescue Department for the construction of a trench rescue simulator. VOTE: Supervisor McNamara motion to approve staff recommendation Motion Approved Yes No Abs Mr. Flora ® ^ ^ Mr. Church ® ^ ^ Mr. Minnix ® ^ ^ Mr. Altizer ® ^ ^ Mr. McNamara ® ^ ^ cc: File Richard E. Burch Rebecca Owens, Chief of Fire and Rescue Director, Finance 2 ACTION NO. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ITEM NO. T- ~ ~ MEETING DATE: October 14, 2003 AGENDA ITEM: Request to accept and $7,900 from the Virginia Rescue Department for simulator. appropriate grant in the amount of Fire Services Board to the Fire and the construction of a trench rescue SUBMITTED BY: Richard E. Burch Chief of Fire and Rescue APPROVED BY: Elmer C. Hodge ~~ County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The Fire and Rescue Department applied for grant funding through the Virginia Fire Services Board competitive training mini-grant program. The competitive mini-grants are intended to provide local jurisdictions with funding to enhance current training purposes. The Fire and Rescue Department received the most funding from this program. The funding will allow the Fire and Rescue Department to construct a trench rescue simulator at the Regional Training Center. The simulator will greatly enhance the ability to respond to trench/cave rescues by providing real life scenarios for fire and rescue personnel. Fiscal year 2003 grant cycle $7,900.00 FISCAL IMPACT: The total grant of $7,900.00 does not require any local match. STAFF RECOMMENDATION: Staff recommends acceptance and appropriation of grant in the amount of $7,900 from the Virginia Fire Services Board to the Fire and Rescue Department for the construction of a trench rescue simulator. M \. THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, IN REGULAR MEETING ON THE 14TH DAY OF OCTOBER, 2003, ADOPTED THE FOLLOWING: RESOLUTION 101403-5.1 REQUESTING ACCEPTANCE OF SOUTH CONCOURSE DRIVE INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY SYSTEM. WHEREAS, the streets described on the attached Addition 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, WHEREAS, the County and the Virginia Department of Transportation have entered into an agreement on March 9, 1999 for comprehensive stormwater detention which applies to this request for addition, NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia Department of Transportation to add the streets described on the attached Additions Form SR-5(A) to the secondary system of state highways, pursuant to §33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements, and BE IT FURTHER RESOLVED, this Board guarantees a clearand 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 McNamara Seconded By: None Required Yeas: Supervisors Flora, Church, Minnix, Altizer, McNamara Nays: None A Cop_ y Teste: Q~ ~_ ~~~~ Diane S. Childers Clerk to the Board of Supervisors cc: File Arnold Covey, Director, Department of Community Development Virginia Department of Transportation I hereby certify that the foregoing is a true and correct copy of Resolution 101403-5.1 adopted by the Roanoke County Board of Supervisors by a unanimous recorded vote on October 14, 2003. Brenda J. Holt MC Deputy Clerk .. THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, IN REGULAR MEETING ON THE 14TH DAY OF OCTOBER, 2003, ADOPTED THE FOLLOWING: RESOLUTION 101403-5.1 REQUESTING ACCEPTANCE OF SOUTH CONCOURSE DRIVE INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY SYSTEM. WHEREAS, the streets described on the attached Addition 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, WHEREAS, the County and the Virginia Department of Transportation have entered into an agreement on March 9, 1999 for comprehensive stormwater detention which applies to this request for addition, NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia Department of Transportation to add the streets described on the attached Additions Form SR-5(A) to the secondary system of state highways, pursuant to §33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements, and BE IT FURTHER RESOLVED, this Board guarantees a clearand 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 McNamara Seconded By: None Required Yeas: Supervisors Flora, Church, Minnix, Altizer, McNamara Nays: None A Copy Teste: .~Qll o~ ~~..1 ~~1~ Diane S. Childers Clerk to the Board of Supervisors cc: File Arnold Covey, Director, Department of Community Development Virginia Department of Transportation I hereby certify that the foregoing is a true and correct copy of Resolution 101403-5.1 adopted by the Roanoke County Board of Supervisors by a unanimous recorded vote on October 14, 2003. Brenda J. ~-lolton, CMC Deputy Clerk ~P{ ~, ~~' ~"`, vr`~,Rt~, v~, ~aonuot<e CWNTY /' ~, QnAo Y~`vrµSOK ~~. say ( ~/ ~..~ RO~NOKE ~~ r CITY V.~CIN.~~`~ .tY1.A.~~ u. ~,~. 1; V1 r~ll ~ 1 ' r ; DRC°EP 'r pF j i i' I ~ ~ ! ~ ,~ ua;,aEaR ~,SSvG.4 tE5, 6~ ~ B t 35d PC 3dt ~ r 1 I r hE~ rRh ~ ' -RaC7 tot P B ;3. PC. txt ~ c ' f r ' ~ ~ taa' do FDI _,~ ' a ~ - . . ' `4 _ ( e ~, q ~ ` '~' ~ ~~ --_ ~ ~ ;, . . _ , ~ so. ~~ r .t ~ , vow / \ CO \~~ t-.~ ~ ' a„~ F~DI_z: ~ 69Z `~ p ~,~ ~ ~ ?o, pc r ~ ~ ~ . fX ~ . ~~ ~, ~sT ltjj ~~' ~ ~ / .g t~ ~ ~o' Girr q ~ ~,f~ ~ ~ o, ~~ ~,; ~ ~~~sr ~,~;9~,~ ~ ~ ~ ~ 8 JD ?D' ~ o ~ ~` ' f ~ ~v ti q,~0 ~ . ,` ~ .i +4 ` Q ti a . RY 3' ~~`` , ~~ PROPOSED ADDITION SHOWN IN GRAY DESCRIPTION: 1. South Concourse Drive -From the intersection of ValleyPark Drive - , to its cul-de-sac. LENGTH: RIGHT OF WAY: PAVEMENT WIDTH: SERVICE (1} 0.1 MILES (1) SO .FEET (1) 36 FEET (1) 3 BUILDINGS RDANQf~E' C`Q~TN~'Y VAI,LE~'POINTE D.EF~3'~fE'NT Q~ . _ C~~Yi'~f£TNITY D~'Y~'.LO.~M~N~' ~ Acceptance of South Concourse Drive into theVirginia ~ o Department of Transportation Secondary System -~ J G m ~ r E U ~ ~ ~ ~ Q tiS m a C17 d m L C.. ~ 4 o n v d s E Q ~ py ~+ m O 3 ~ Q j B d ~ N O ~° a -~~ n. ~ F ~ y O s Q v IL. ~ m ~ ~ r C(J _ w ~ v 0 ~ ~ ~ O L t O -° v: ~_- S a ~ z m Q v '~ < Z s7 N ~ C~ N Q o 0 c r' x :.:.>. o v ~~ n 0 C~ ~ C r-I ~--I CC m O O < U ~~ ~ ~ w ,: ~ o r ~ ~ O ~ z ~ e--I ~ ~ v Q n ~ ~ Q d ~ ~ ~ o ~ ;, m o a m m a a m ~ n a m m a a, a a a m ~ o a m m e a. m a < ~ a c 'a a` ~ ~ ~ ~ ~ $ _ C ~' ~ ~ ~ m m ~ ~ u . r ~ ~ ~ O H ' r S b C!] ~ W i '- m A O e ^ m m a n ~ m o o. ~ m a n ~ m `a ^ ~ m o n u V o n m m m c 2 ~ v ¢ e v m ~ p x a E b o a ~ `a ~ s o p b e F S a ~ ¢ o -' ~ . ~t F- a u`. ~- d a a r a ti c r a. u, a r a u. c r a ~ c r o. ~ W (/] e ~ a O ~ s m .t O L ~ 2 ~ Q ~ ~ ~ ~n _ ~ T ~ _ n c7 _ ~ ~ m r. .~ 2 _..... ,_ Z 0 0 a d d ~ z W (~ 1 a \ C) ~ jr F- O < ~ "- a ~ o O e C r ~ { L U LL ~_ 4 _ ~ W U L `-... u s ,_ G ACTION NO. ITEM NO. S- I`c~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: October 14, 2003 AGENDA ITEM: Request to accept South Concourse Drive into the Virginia Department of Transportation (VDOT) secondary system, Hollins Magisterial District. SUBMITTED BY: Arnold Covey Director of Community Development APPROVED BY: Elmer C. Hodge ~~ County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Roanoke Valleypointe, LLC, the owner and developer of Valleypointe, requests that the Board of Supervisors approve a resolution to the Virginia Department of Transportation (VDOT) to accept 0.10 mile of South Concourse Drive from the intersection with Valley Park Drive to its cul-de-sac. Staff has inspected this road, along with representatives of VDOT, and finds the road is acceptable. FISCAL IMPACT: No County funding is required. STAFF RECOMMENDATION: Staff recommends that the Board approve a resolution to VDOT requesting that they accept South Concourse Drive into the secondary road system. i ,,,-_a s ..,,~ s ~--ten"' fe.af ' - .. THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, IN REGULAR MEETING ON THE 14TH DAY OF OCTOBER, 2003, ADOPTED THE FOLLOWING: RESOLUTION REQUESTING ACCEPTANCE OF SOUTH CONCOURSE DRIVE INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY SYSTEM. WHEREAS, the streets described on the attached Addition 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, WHEREAS, the County and the Virginia Department of Transportation have entered into an agreement on March 9, 1999 for comprehensive stormwater detention which applies to this request for addition, NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia Department of Transportation to add the streets described on the attached Additions Form SR-5(A) to the secondary system of state highways, pursuant to §33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements, and BE IT FURTHER RESOLVED, this Board guarantees a clearand 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 A Copy Teste: Moved by: Seconded by: Yeas: Nays: Diane S. Childers, Clerk Roanoke County Board of Supervisors pc: Arnold Covey, Director, Department of Community Development Virginia Department of Transportation File ~ ~Py .. . . ~R~ ~ o ~~~~~~~ 04~ ~*~ ~~~. V'`~~ ~ROANCKf CWNTY / ~ ~ •. ,~ /r ti0A0 ~~ 5$1 `ROANOKE -~~ CITY ~. ~ . j 1 V 1 y l 11 a to .'fix ~-J707-t-"4.8'• . ! i i ?RC?EPTr OF j ~ ~ 1 7 - ~ x uaGBEaP ASSv^GAtES, t~ 9 IJSa PG 3a1 r j (~ ~ r(E'Fy' rR ~ 'PaGT tp2r B .3, PG. txt •I r ~ I' toa,a aCT ID1-2 -- S~~H - ~ ~ ` ~ 1 'JEW TR T .. ~'--.. ~,cC~NCO~S~w~~,~ a'. Z.~cFiDF-t ~ '' / ~ slip ~ ~ ~ ~ • `'~ a Fq ~ . s s / ~ ~~ •FxsT ~~ a~ r . Ur~~r~e, ~ ~ a ~o ~ ~~,~ ~ / : ~ Via. ~' 'a fp ZO' a ~ 4/ . ~~ Q~ O ., o,F ~ ' PC ~~9 - ~ 4~%~ ~~t w ~ / 2 \Q ~ o . • ,~~ ,,Q .,~ 'i P V. ' ~ ~~ ~ ~~ ~ PROPOSED ADDITION SHOWN IN GRAY DESCRIPTION: 1. South Concourse Drive -From the intersection of ValleyPark Drive - to its cul-de-sac. • LENGTH: RIGHT OF WAY: PAVEMENT WIDTH: SERVICE (1) 0.1 MILES (1) 50 FEET (1) 36 FEET (1} 3 BUILDINGS Rt?AlYO~' COUNTI' VAI,LEyPOINTE DEP~R3'~fENT U.F . _ C~~d.3~fTJN.£TY D~,~~,T ~~~~,~~, ~ Acceptance of South Concourse Drive into theVirginia Department of Transportation Secondary System .. ~ a C m U m _c N O m L C.' C C ~ d U d m € .~ s 2 O m c ~ W ~ O Q ~ ~ ~ H O ~ O ~ a ~ ~ H `o Q ~ ~ ~ r ~ ~ r VJ Q C~ O ~ Y of L ~ O O 0 o r m ~ v ~ Q < Z .~ N n a c < ~ Y ~ N.. ~ ~ o ~. °v G-° J m a ~ O O < U v ~~ ~ o r s x o 0 z ~ v~~ ~ ~ V ~ Q 7~ ~ ~ ry~' yT ; ,4„) l~l l V ~ , N ! , y v L d? ~ s ~ o ~1 ,, i• m m a° m ID i m m i m ~ a m O a m Of a° m d n°. m a ° ~ s _ c a v` ~ m ~ x H ~ o ~ n ~ a m o o a ~ a a ~ 3 v `„ ~ a ~ Z O 1 ~ ~ ~ ! V W C/~ 1 ,. '' ~ w ~ H e O m m Q ~ a a~ . A m 9C b o -gyp Qi o y~ 6i m Q m m C ~ ~ ~ ~ ~ ~ m ~ ~ _ a m ~ ~ a m c a ~ o n ~ a FF d a pp a a ~ a FF d d e , ~ it }- a u`. r ~ ~ o r a ti c r a. u: o r a u:, c r- a u: r a x W "' m 3 a L m m m z O V t a t 8 z ~.. - Q ~ ~ O C/) ~ 2 2 ~ N C7 ~ `' h b I r+ a Z e 1 ~ ~i 1 I e G a a u° S ~ Z `~ C ~ L *- `o { ~ u. a o a o "e C F~ ~ ` U ~ LL ~ ~. ~ q W = U c m ~- U s G ACTION NO. A-101403-5.m ITEM NO. I-13 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: October 14, 2003 AGENDA ITEM: Request to approve holiday schedule for 2004 - 2006 SUBMITTED BY: Joseph J. Sgroi Director of Human Resources APPROVED BY: Elmer C. Hodge County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The Board has designated three minor, floating holidays in which the County will be open. These are President's Day, Columbus Day and Veteran's Day. For the last three years, the Board of Supervisors has designated that the Columbus Day holiday be observed on Christmas Eve, December 24, because of when it fell within Christmas week. During the upcoming years 2004-2006, the Christmas holiday occurs on the weekend. The Employee Handbook states that when this occurs, the holiday is observed on the Friday before or the Monday following the holiday. Please see the calendar examples outlined below: The Board has approved the following for 2003: New Year's Day Wednesday, January 1 Martin Luther King Day Monday, January 20 President's Day Monday, February 17 (County open, floating holiday) Memorial Day Monday, May 26 Independence Day Friday, July 4 Labor Day Monday, September 1 Columbus Day Veteran's Day Thanksgiving Day Day after Thanksgiving Christmas Day Day after Christmas 2004 Monday, October 13 moved and designated as "Day after Christmas" Friday, 12/26. Tuesday, November 11 (County open, floating holiday) Thursday, November 27 Friday, November 28 Thursday, December 25 Friday, December 26 MON TUES WED THURS Fi~3 SAT SUN s';~risf.mas Actual i~raii~ay is caias~~~~ed hay Christmas the Cc.~r?ty. 2005 SUN i',n®N TUE WED THU FRI SAT Actual Christmas hciiday is Christmas ~hserved by she Caunty. 2006 SUN MON TUE WED THU FRi SAT Actual Christmas Eve Christmas FISCAL IMPACT: There is no fiscal impact. This recommendation increases citizens' access for conducting County business and allows employees greater flexibility when scheduling leave. 2 STAFF RECOMMENDATION: Staff has discussed the holiday schedules and recommends not designating Columbus Day to be observed on Christmas Eve, December 24th in 2004, 2005, and 2006. Rather, allow Columbus Day as a minor, floating holiday for the years 2004 through 2006. VOTE: Supervisor McNamara motion to approve staff recommendation Motion Approved Yes No Abs Mr. Flora ® ^ ^ Mr. Church ® ^ ^ Mr. ~innix ® ^ ^ Mr. Al~izer ® ^ ^ Mr. McNamara ® ^ ^ cc: File Jgseph Sgroi, Director of Human Resources Wanda Riley, Executive Secretary, Policies & Procedures Manual 3 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 14, 2003 AGENDA ITEM: Request to approve holiday schedule for 2004 - 2006 SUBMITTED BY: Joseph J. Sgroi Director of Human Resources APPROVED BY: Elmer C. Hodge ~/~ County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The Board has designated three minor, floating holidays in which the County will be open. These are President's Day, Columbus Day and Veteran's Day. For the last three years, the Board of Supervisors has designated that the Columbus Day holiday be observed on Christmas Eve, December 24, because of when it fell within Christmas week. During the upcoming years 2004-2006, the Christmas holiday occurs on the weekend. The Employee Handbook states that when this occurs, the holiday is observed on the Friday before or the Monday following the holiday. Please see the calendar examples outlined below: The Board has approved the following for 2003: New Year's Day Martin Luther King Day President's Day Memorial Day Independence Day Labor Day Wednesday, January 1 Monday, January 20 Monday, February 17 (County open, floating holiday) Monday, May 26 Friday, July 4 Monday, September 1 ~- .- Columbus Day Monday, October 13 moved and designated as "Day after Christmas" Friday, 12128. Veteran's Day Tuesday, November 11 (County open, floating holiday) Thanksgiving Day Thursday, November 27 Day after Thanksgiving Friday, November 28 Christmas Day Thursday, December 25 Day after Christmas Friday, December 26 2004 MON TUES WED THURS FRi SAT SUN Christmas Actual holiday is observed by Christmas the County. 2005 SUN MON TUE WED THU FRI SAT Actual Christmas holiday is Christmas observed by the County. 2006 SUN MON TUE WED THU FR! SAT Actual Christmas Eve Christmas FISCAL IMPACT: There is no fiscal impact. This recommendation increases citizens' access for conducting County business and allows employees greater flexibility when scheduling leave. ._.~ ~' e,e,b STAFF RECOMMENDATION: Staff has discussed the holiday schedules and recommends not designating Columbus Day to be observed on Christmas Eve, December 24th in 2004, 2005, and 2006. Rather, allow Columbus Day as a minor, floating holiday for the years 2004 through 2006. r ACTION NO. A-101403-5.n ITEM NO. I-14 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: October 14, 2003 AGENDA ITEM: Request from the Roanoke County School Board to proceed with the donation of surplus real estate to Habitat for Humanity APPROVED BY: Elmer C. Hodge County Administrator SUMMARY OF INFORMATION: We have received a request from the Roanoke County School Board to donate a parcel of surplus real estate, Tax Map No. 60.16-09-10, to Habitat for Humanity. The lot is adjacent to the former Roland E. Cook School in the Town of Vinton. A copy of the School Board resolution declaring the property as surplus is attached for your review. If the Board would tike to proceed with the donation of this property, we will place this item on the October 28 agenda for a first reading, and schedule the second reading and public hearing for November 18, 2003. Staff recommends that the adjoining property owners be notified of the proposed donation prior to the first reading on October 28, and that the School Board schedule a community meeting to address any citizen concerns. It is suggested that participants in the community meeting should include representatives from the following: Roanoke County School Board, Roanoke County staff, Town of Vinton, and Habitat for Humanity. VOTE: Supervisor Altizer motion to approve staff recommendation Motion Approved Yes No Abs Mr. Flora ® ^ ^ Mr. Church ® ^ ^ Mr. Minnix ® ^ ^ Mr. Altizer ® ^ ^ Mr. McNamara ® ^ ^ cc: File Dr. Linda Weber, Schools Superintendent Paul M. Mahoney, County Attorney Brenda Chastain, Clerk, School Board 2 ACTION NO. ITEM NO. _1-'-I~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: AGENDA ITEM: APPROVED BY: October 14, 2003 Request from the Roanoke County School Board to proceed with the donation of surplus real estate to Habitat for Humanity Elmer C. Hodge ~;~ f~~~ County Administrator SUMMARY OF INFORMATION: We have received a request from the Roanoke County School Board to donate a parcel of surplus real estate, Tax Map No. 60.16-09-10, to Habitat for Humanity. The lot is adjacent to the former Roland E. Cook School in the Town of Vinton. A copy of the School Board resolution declaring the property as surplus is attached for your review. If the Board would like to proceed with the donation of this property, we will place this item on the October 28 agenda for a first reading, and schedule the second reading and public hearing for November 18, 2003. Staff recommends that the adjoining property owners be notified of the proposed donation prior to the first reading on October 28, and that the School Board schedule a community meeting to address any citizen concerns. It is suggested that participants in the community meeting should include representatives from the following: Roanoke County School Board, Roanoke County staff, Town of Vinton, and Habitat for Humanity. ,~ ACTION # ITEM NUMBER - ~ ~ ~ AT A REGULAR MEETING OF THE COUNTY SCHOOL BOARD OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY SCHOOLS ADMINISTRATION BUILDING MEETING DATE: October, 9, 2003 AGENDA ITEM: Declaration of certain real property as surplus BACKGROUND: Roanoke County Schools acquired a lot adjacent to R. E. Cook Elementary School on July 30, 1955 for a sum of $850. The property is not being used for any purpose at the present time, nor has it been used by the schools in recent years. The topography of the lot, and its topographic relationship with the R. E. Cook School has been reviewed and it has been determined that there is not likely to be a use for the property by Roanoke County Schools. A request has been made by the Vinton Lions Club to donate the lot to Habitat for Humanity for one of their projects. It is necessary for the School Board to surplus the property to the Roanoke County Board of Supervisors in order for the property to be sold or gifted to the Habitat for Humanity. The Construction Committee has recommended to the School Board that the property be surplused to the Board of Supervisors, with the request that the property be gifted to Habitat for Humanity. Tax Map No. 60.16-09-10 FISCAL IMPACT: The value of the property is between $16,000 and $20,000. If the property were to be sold, those funds could be used for school purposes, or the county could choose to use the funds in a different manner. RECOMMENDATION: It is recommended that the School Board declare that the lot as surplus, and request that the lot be gifted to Habitat for Humanity. SUBMITTED BY: Richard C. Flora Director of Operations Approved () Motion by No Yes Mike Stovall Denied () Barrineau X Received () Canada X Referred () Irvin X To () Roark X Stovall X Abs AGENDA ITEM NO. PUBLIC HEARING ORDINANCE CITIZEN COMMENTS ~~~ SUBJECT: ~ ~.~ ~.~__ _~ r.E~-~`c_fi~..f a a ~- ~.'. I would like the Chairman of the Board of Supervisors to recognize me during the meeting on the above matter so that I may comment. V11HEN CALLED TO THE LECTERN, I WILL GIVE MY NAME AND ADDRESS FOR THE RECORD. I AGREE TO ABIDE BY THE GUIDELINES LISTED BELOW: ^ Each speaker will be given three (3) minutes to comment, whether speaking as an individual or representative. The Chairman will enforce the rule unless instructed by the majority of the Board to do otherwise. ^ The speaker will be limited to a presentation of his/her point of view only. Questions of clarification may be entertained by the Chairman. ^ All comments must be directed to the Board. Debate between a recognized speaker and audience members is not allowed. ^ Both speakers and the audience will exercise courtesy at al( times. ^ Speakers are requested to leave any written statements and/or comments with the Clerk to the Board. ^ Individuals speaking on behalf of an organized group shall file with the Clerk written authorization from the group allowing the individual to represent them. PLEAS€ PRINT LEGIBLY AND GIVE TO THE CLERK TO THE BOARD \ -~ NAME: ADDRESS: ~ `I 5~ AL~_ PHONE (OPTIONAL): GROUP/ORGANIZATION: ~~ ~ ;~ti1 ~ ,~1 6 M-I GENERAL FUND UNAPPROPRIATED BALANCE COUNTY OF ROANOKE, VIRGINIA of General Amount Fund Revenues Unaudited Balance at June 30, 2003 $8,977,656 6.60% July 1, 2003 Explore Park Loan Repayment $25,000 Balance at October 14, 2003 $9,002,656 6.62% Changes below this line are for information and planning purposes only. Balance from above $9,002,656 $9,002,656 6.62% 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 2003 - 2004 General Fund Revenues $135,971,831 6.25% of General Fund Revenues $8,498,239 Submitted By Rebecca E. Owens Director of Finance Approved By Elmer C. Hodge ~%~~ ~~~~ `t County Administrator ~~ ., r.'a~ CAPITAL FUND UNAPPROPRIATED BALANCE COUNTY OF ROANOKE, VIRGINIA Amount Unaudited Balance at June 30, 2003 $360,172.56 Balance at October 14, 2003 $360,172.56 Submitted By Rebecca E. Owens Director of Finance Approved By Elmer C. Hodge ~~ County Administrator -~ RESERVE FOR BOARD CONTINGENCY COUNTY OF ROANOKE, VIRGINIA Amount From 2003-2004 Original Budget $107,940.00 July 8, 2003 Appropriation towards Roanoke Regional Airport Alliance (8,193.00) July 22, 2003 Appropriation towards Project 50 Capital Campaign (10,000.00) July 22, 2003 Reserve towards Project 50 Capital Campaign (5,000.00) August 12, 2003 Appropriation for debris removal and stablilization (15,000.00) Balance at October 14, 2003 $69,747.00 Submitted By Rebecca E. Owens Director of Finance Approved By Elmer C. Hodge ~~ County Administrator " I- `I FUTURE CAPITAL PROJECTS COUNTY OF ROANOKE, VIRGINIA Savings from 1996-1997 debt budget Transfer from County Capital Projects Fund FY1997-1998 Original budget appropriation Savings from 1997-1998 debt fund FY1998-1999 Original budget appropriation FY1999-2000 Original budget appropriatio 2,000,000 Less increase in debt service (1,219,855) Savings from 1998-1999 debt fund FY2000-2001 Original budget appropriatio 2,000,000 Less increase in debt service (1,801,579) FY 2001-2002 Original budget appropriatio 2,000,000 $670,000.00 1,113,043.00 2,000,000.00 321,772.00 2,000,000.00 780,145.00 495,363.00 198,421.00 Less increase in debt service (465,400) Savings from 2001-02 debt fund 116,594 1,651,194.00 FY 2002-2003 Original budget appropriatio 2,000,000 Less increase in debt service (2,592,125) (592,125.00) FY 2003-2004 Original budget appropriatio 2,000,000 Less increase in debt service (2,202,725) (202,725.00) Balance at October 14, 2003 $8,435,088.00 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/Glenvar Middle (1,858,135.00) July 1, 2002 School Budgeted Start-Up Costs HVHS/Glenvar Middle (35,047.00) July 1, 2002 Transfer to Operating in original 2002-03 Budget (566,818.00) July 1, 2003 Transfer to Operating in original 2003-04 Budget (250,000.00) Balance at October 14, 2003 - Submitted By Rebecca E. Owens Director of Finance Approved By Elmer C. Hodge ~~f County Administrator i ACTION NO ITEM NUMBER M - AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER. MEETING DATE: October 14, 2003 AGENDA ITEMS: Statement of the Treasurer's Accountability per Investment and Portfolio Policy, as of September 30, 2003. SUMMARY OF INFORMATION: BANKERS ACCEPTANCE: SUNTRUST CAP 706,337.65 706,337.65 CASH INVESTMENT:: ALEXANDER KEY - LIR 5,295.77 5,295.77 CERTIFICATE OF DEPOSITS: SOUTHWEST VIRGINIA SAVINGS & LOAN 100,000.00 100,000.00 COMMERICAL PAPER: ALEXANDER KEY FED 1,002,420.56 BRANCH BANKING & TRUST 2,000,558.33 EVERGREEN 2,771,896.08 MORGAN KEEGAN 4,800.83 SUNTRUST 1,999,333.06 7,779,008.86 CORPORATE BONDS ALEXANDER KEY FED 230,481.75 EVERGREEN 2,044,452.25 2,274,934.00 GOVERNMENT: ALEXANDER KEY FED 9,991,205.56 ALEXANDER KEY -Sub Acct 3,875,882.50 EVERGREEN 7,871,135.66 MORGAN KEEGAN 2,000,000.00 SUNTRUST -CAP 9,183,707.78 32,921,931.50 LOCAL GOVT INVESTMENT POOL: GENERAL OPERATION (G.O.) 9,030,025.13 9,030,025.13 ~~ MONEY MARKET: ALEXANDER KEY FED 16,231,747.30 EVERGREEN 0.97 FIRST UNION 2,298,260.95 ALEXANDER KEY -Sub Acct 461,462.80 SUNTRUST -CAP 5,189,952.94 SUNTRUST -SWEEP 0.00 24,181,424.96 REPURCHASE AGREEMENT: EVERGREEN 553,687.00 553,687.00 TOTAL 77,552,644.87 4 ye crN'i 4 ~ . a ~~yAlt ~®~~®~W~t~~.'~'H of ~~~~~NIA DEPARTMENT OF TRANSPORTATION 1401 EAST BROAD STREET RICHMOND, VIRGINIA 23219-2000 PHILIP A. SHUCET COMMISSIONER September 17, 2003 Mr. Elmer Hodge Roanoke County PO 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 August 2003. 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. If you have any questions or comments about this report, please call Martin Law at 804-786-7399. 1 James S. Givens f*` r ~~.,,~ Director of Local As~slstance JSG/MII VirginiaDOT.org WE KEEP VIRGINIA MOVING ~~-~ -- Ip ~ • ~ tv~ O d U] ^~, 6~ M M M ', M M O O O O O I V N I N N I N !~ N w ~ 00 I 0\O 00 OHO W ~ I C/1 L' ~ ~ \ \ ~ ~ \ O O y.a 0 \O '~, O \O ~ ~ O \O i r N ~ N G i C~ A a ~ d O O O ~ O C~ O O O O I O I ~ I U ~I C L F d L d 7 0 C~ c 0 .~ .; ^O U ~O 3. a '~ a 0 0 L O ~ ~ ~ ~ z o ~4 ~ W L O fj~ ~' C 0 U ~,° oi~ z ~_'' M 0 0 0 F~ ... °3 I ~ ~I o, ~ ', E' O k. O U 0 O 0 ~ ~ U U ~ ~ O O ~ + G ~ ~ i rl i ~ ~ O O C ~ ~ CC fi l 'b ti ~ . r ~ i ~ 'a ~ d O ~ Q O .a ~ -~ ~ ~ ~ ~ ai ai ~ U ~ U ~ ~ ~ 7 ~ ~ O ~ ~ O ~ U U c c .~ ,~ ~ r. % ° % ~ o ~ o O ~ ~ ~ I ~ ~ ~ °' i Ca ~ QU O vio ~~o' i ~ w > ~ ~ ^L •~ I ICI •--~ O Y ~ Q V1 N o ~ U ~, U I o0 ~!~ I, O ~ '.. ~--~ 'I ~ ~~ ~ i y ~ ~ ~ ~I o ''I o o k. '.. Cz. Gi. _ ~ ~ O 00 00 ~ ~ ~ o, oIo M O N W M ~ O _~ ', ~ I ... ~ N-! ~ O ~'~ O bU RS C .~ bA C ce U z ~ ',, ~ ~ H Q U' I H "' I W O', ~I o, U N E O LL O 00 N o' ' I i I III ! I ~ C O 7) d U ~ V d ~ c ~ e ... ', O ~ 3 U C N ~° ~ t' ~ ~ > N N U ~ N d ~ U C7~ ~ s w ~' n. ~- i U ~ F ~~~°- ~,~ ' O O N I ~ d i ~ II d I O CS O O CS i 0 '4 s CS to ~~ U d 0 I d 3 O s 0 3 ~0 v y to ~~ I~ h III '~ ~r ~o U ' S r .~ I ~ I r O U .~ N tl I,~ 0 '~ ~'"' 1 Lee B. Eddy, P.E. 2211 Pommel Drive Roanoke, Virginia 24018 Tel/Fax: 540/774-2930 e-mail: leddype@cox.net MEMORANDUM To: Roanoke County Board of Supervisors Date: 9/29/03 Subject: September Meeting of Clean Valley Council This is a brief summary of the regular meeting of the Roanoke Valley Clean Valley Council held Tuesday, September 23, 2003, at the Roanoke Valley Resource Authority office in Roanoke. Staff reported on the Household Hazardous Waste Collection held September 13 at the Roanoke Civic Center. 1135 parties brought waste, and some were turned away because the time ran out. The event was considered to be very successful. There are tentative plans to continue, perhaps on a 3-month schedule. A fall cleanup event called "Surf and Turf' is scheduled for Saturday, October 4. Volunteer teams will be cleaning up litter on lots and in streams. Executive Director Ann Masters announced with regret that Bonny Branch, the educator, has submitted her resignation effective November 14. Applications are being sought for her replacement. Ms. Masters reported that Montgomery County is conducting an e-recycling event October 3 and 4. They are collecting unwanted TV sets and computers and charging fees ranging up to $18 each. She stated that the CVC has been nominated for a Chamber of Commerce award for small business organizations. She also reported that a student group from North Cross School plans to stencil storm drains with "Do Not Dump" signs in Roanoke County. The earth summit for high school juniors and seniors will be held at the Higher Education Center November 6. The theme will be "Litter Prevention and Recycling". The 25th anniversary celebration for CVC will be November 13 at Boxtree Lodge in Vinton. It will include a dinner, entertainment, and the annual awards ceremony for individuals and organizations who have contributed to litter prevention and recycling in the Roanoke area. The cost is $50 per person. I will be pleased to answer any questions. Lee B. Eddy ACTION NO. ITEM NO. O-- AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: October 14, 2003 AGENDA ITEM: Briefing by John L. Brownlee, United States Attorney SUBMITTED BY: Paul M. Mahoney County Attorney COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: John L. Brownlee, United States Attorney, will brief the Board of Supervisors on federal law enforcement efforts to combat illegal drug use in our community. He will then relate these issues to concerns about the location of an out-patient methadone clinic. ACTION NO. ITEM NO. P- AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: October 14, 2003 AGENDA ITEM: Work session to discuss the implementation of an electronic records management system in the Board of Supervisors and the Clerk to the Board of Supervisor's Office SUBMITTED BY: APPROVED BY: Diane S. Childers Clerk to the Board Elmer C. Hodge County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: At the request of the Board, staff has researched methods for implementing an electronic records management system in the Board of Supervisors and Clerk's Offices. Surrounding localities have been contacted regarding their methods of records management, and the results indicate that a number of localities have moved to an electronic format. To summarize, 10 of the 12 localities that were contacted currently utilize electronic records management systems. These include the following: Roanoke County School Board, Cities of Roanoke and Norfolk; Counties of Augusta, Chesterfield, Henrico, Henry, Prince George, Prince William, and Stafford. The two remaining localities, Montgomery County and Loudon County, are currently considering the possibility of moving to an electronic format. Due to the nature of the records maintained in the Clerk's Office, it is necessary to provide a means to efficiently store and retrieve documents, while also insuring an appropriate level of security and disaster recovery capabilities. The advantages of an electronic vs. paper system include: (1) reduction of paper costs totaling approximately $8,000 annually; (2) conforms to the County's Environmental Assessment Team goal of reducing paper use; (3) provides enhanced research and document retrieval capabilities through use of text searching and indexing; (4) affords greater security of records by storing in digital format, allowing for offsite storage in a secure facility while still having access to the documents ___ internally for research purposes; (5) allows citizens faster, easier access to records posted on the Internet. Staff is recommending the purchase of Laserfiche Agenda Manager software which will allow agendas to be generated electronically, as well as provide records management and document imaging capabilities. The total estimated cost is $79,884, which includes the purchase of software and equipment. Rolloverfunds in the amount of $6,943 are available to apply to this cost, leaving a balance of $73,057 to be funded from the Capital Fund Unappropriated Balance. The breakdown of costs is summarized below: 'Description >~Price Server for document imaging system $ 15,000 Complete LaserFiche package: 40,726 • Software • Scanning equipment • Maintenance/support Monitor for scanning station 900 Notebook computers for BOS and staff 23,258 $ 79,884 Included in the cost summary is $23,258 for the purchase of new notebook computers for the Board members and staff. There are currently three notebook computers being used by Board members which will be re-distributed to staff, thereby reducing the number of new purchases required. A separate server is necessary to run this software, and it is anticipated that the Human Resources and Finance Departments will also utilize this server upon future implementation of records management systems in their offices. The proposed schedule for implementation is as follows: • Equipment and software installation: January 2004 • Testing of system in Clerk's Office: January -March 2004 • Training for Board members and staff: March 2004 • Full implementation (live at Board meetings): April 2004 Joe Kennedy, Systems Consultant with Reams Document Imaging, will be present to demonstrate the Laserfiche Agenda Manager software at the work session. FISCAL IMPACT: Funding in the amount of $73,057 will be needed for the purchase of equipment and software. Staff recommends that this amount be taken from the Capital Fund Unappropriated Balance. If the Board is in favor of proceeding with implementation of the electronic records management system, this matter will be brought to the Board at the October 28 meeting for approval of funding. ACTION NO. ITEM NO. P- o~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: October 14, 2003 AGENDA ITEM: Work session on Explore Park SUBMITTED BY: Pete Haislip, Director Parks, Recreation & Tourism Department COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: This work session has been scheduled to update the Board of Supervisors on the status of the partnership between the Virginia Recreation and Facilities Authority (Explore Park), the River Foundation, and Roanoke County. Also we would like to present an exciting new initiative, "Explore Now!", which will expand access to the parks' 1100 acres, including several miles of the Roanoke River, to Roanoke County citizens, residents of the Valley and beyond. ACTION NO. ITEM NO. ~-,3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: AGENDA ITEM: SUBMITTED BY: October 14, 2003 Work session to consider boundary line adjustments with the City of Roanoke Paul M. Mahoney County Attorney COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The County Administrator and the City Manager of the City of Roanoke have discussed adjusting the boundary line between the County and City to benefit both jurisdictions. These boundary adjustments consist of three adjustments: (1) moving 57.88 acres of Vinyard Park from the City to the County; (2) moving 7.02 acres owned by Rockydale Quarries from the County to the City; and (3) moving approximately 38 acres associated with the Roanoke Regional Water Pollution Control Plant from the County to the City. Attached you will find several maps showing the location of these properties and their relationship with adjoining properties, and a chart summarizing the assessed values of these properties (although much of the acreage is tax exempt since it is owned by the County and City). If both jurisdictions are in agreement, the procedure for adjusting the boundary lines between the County and the City includes the following steps: an agreement to relocate the boundary line between the localities, publication of notice of intention to relocate the boundary line followed by a public hearing in each locality, filing a petition with the circuit court for approval of the agreement with a plat depicting the change in the boundary, and recordation of the court order establishing the new boundary. 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P AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: October 14, 2003 AGENDA ITEM: Work session to consider topics of discussion for joint meeting with Roanoke City Council scheduled for October 17, 2003 concerning the proposed Regional Water and Wastewater Authority SUBMITTED BY: Paul M. Mahoney County Attorney COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The Board has scheduled a joint work session with Roanoke City Council for Friday, October 17, 2003 at 9:30 a.m. to discuss various issues concerning the articles of incorporation necessary for the creation of the Regional Water and Wastewater Authority. There are four topics of discussion: • The composition of the initial Board of Directors of the Authority: how many members, staggered terms of office, and elected officials and staff and citizens • Membership of the initial Board: consideration of specific individuals for appointment • Name of the Authority • Any special provisions requiring a greater than majority vote STAFF RECOMMENDATION: It is recommended that the Board discuss these issues prior to the joint work session. ;,+, AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, OCTOBER 14, 2003 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. OF POANp,~.~ ~' p ~ ~ aZ ~~~~ .~~ ~~xxY~.~ 7838 Board of Supervisors P.O. BOX 29800 5204 BERNARD DRIVE ROANOKE, VA 24018-0798 Joseph McNamara, Chairman Windsor Hills Magisterial District Richard C. Flora, Yice-Chairman Hollins Magisterial District October 15, 2003 Reverend Everett Kier Salem Baptist Church 103 North Broad Street Salem, VA 24153 Dear Rev. Kier: Michael W. Altizer Vinton Magisterial District Joseph B. "Butch" Church Catawba Magisterial District H. Odell "Fuzzy" Minnix Cave Spring Magisterial District On behalf of the Board of Supervisors, I would like to thank you for offering the invocation at our meeting on Tuesday, October 14, 2003. We believe it is most important to ask for divine guidance at these meetings, and the Board is very grateful for your contribution. Thank you again for sharing your time and your words with us. It was good to have you with us. With kindest regards, eph McNamara, Chairman oanoke County Board of Supervisors OFFICES FAX: VOICE MAIL: (540) 772-2005 (540) 772-2193 (540) 772-2170 E-MAIL: bos C~ co.roanoke.va.us OF ROANp,~.~ ~ ~ z c~ 1838 Board of Supervisors P.O. BOX 29800 5204 BERNARD DRIVE ROANOKE, VA 24018-0798 Joseph McNamara, Chairman Windsor Hills Magisterial District Richard C. Flora, Vice-Chairman Hollins Magisterial District October 15, 2003 Mr. Michael J. Simpson 3437 Ashmeade Drive Roanoke, VA 24018 Dear Mr. Simpson: Michael W. Altizer Vinton Magisterial District Joseph B."Butch"Church Catawba Magisterial District H. Odell "Fuzzy" Minnix Cave Spring Magisterial District Enclosed is a resolution of appreciation upon your retirement which was unanimously approved at the October 14, 2003, Board Meeting. The Board of Supervisors of Roanoke County and its citizens thank you for your many years of capable, loyal and dedicated service to the County. am also pleased to send you a quilt which was exclusively designed for Roanoke County. We hope this quilt brings you enjoyment and remembrances of your time at the County. It will be mailed in a separate package and if you do not receive it within a week, please contact the Board office at 772-2005. If you would like to have your resolution framed, please bring it to the Clerk's Office, at the Roanoke County Administration Building, 5204 Bernard Drive, at any time. It has been our experience that framed resolutions may be damaged when mailed. Please accept this resolution and quilt with our best wishes for a productive retirement and continued success in the future. Sincerely, itiLc.,---1. Joseph McNamara, Chairman Roanoke County Board of Supervisors Enclosure Cc: Sheriff Gerald Holt Joe Sgroi, Director, Human Resources OFFICE: FAX: VOICE MAIL: E-MAIL: (540) 772-2005 (540) 772-2193 (540) 772-2170 bos~co.roanoke.va.us o~ pOANp,I.~ > ~ ti' ~ ~ z ~ °a C~~~xxr~ ~~ aor~xr~a.~..~ rasa Board of Supervisors P.O. BOX 29800 5204 BERNARD DRIVE ROANOKE, VA 24018-0798 Joseph McNamara, Chairman Windsor Hills Magisterial District Richard C. Flora, Vice-Chairman Hollins Magisterial District October 15, 2003 Mr. Cecil Showalter 3332 Sweetbriar Road Albany, GA 31701 Dear Mr. Showalter: Michael W. Altizer Vinton Magisterial District Joseph B. "Butch" Church Catawba Magisterial District H. Odell "Fuzry" Minnix Cave Spring Magisterial District Enclosed is a resolution of appreciation upon your retirement which was unanimously approved at the October 14, 2003, Board Meeting. The Board of Supervisors of Roanoke County and its citizens thank you for your many years of capable, loyal and dedicated service to the County. I am also pleased to send you a quilt which was exclusively designed for Roanoke County. We hope this quilt brings you enjoyment and remembrances of your time at the County. It will be mailed in a separate package and if you do not receive it within a week, please contact the Board office at 772-2005. If you would like to have your resolution framed, please bring it to the Clerk's Office, at the Roanoke County Administration Building, 5204 Bernard Drive, at any time. It has been our experience that framed resolutions may be damaged when mailed. Please accept this resolution and quilt with our best wishes for a productive retirement and continued success in the future. Sincerely, ,~ Joseph McNamara, Chairman Roanoke County Board of Supervisors Enclosure Cc: Anne Marie Green, Director, General Services Joe Sgroi, Director, Human Resources OFFICE: FAX: VOICE MAIL: (540) 772-2005 (540) 772-2193 (540) 772-2170 E-MAIL: boa ~co.roanoke.va.us O~ AOANp~,~ a /~ ; •... 9 u a 1838 Board of Supervisors P.O. BOX 29800 5204 BERNARD DRIVE ROANOKE, VA 24018-0798 Joseph McNamara, Chairman Windsor Hills Magisterial District Richard C. Flora, Vice-Chairman Hollins Magisterial District October 15, 2003 Mr. Arthur L. Lee 416 Chapman Street Salem, VA 24153 Dear Mr. Lee: Michael W. Altizer Vinton Magisterial District Joseph B. "Butch" Church Catawba Magisterial District H. Odell "Fuzzy" Minnix Cave Spring Magisterial District Enclosed is a resolution of appreciation upon your retirement which was unanimously approved at the October 14, 2003, Board Meeting. The Board of Supervisors of Roanoke County and its citizens thank you for your many years of capable, loyal and dedicated service to the County. I am also pleased to send you a quilt which was exclusively designed for Roanoke County. We hope this quilt brings you enjoyment and remembrances of your time at the County. It will be mailed in a separate package and if you do not receive it within a week, please contact the Board office at 772-2005. If you would like to have your resolution framed, please bring it to the Clerk's Office, at the Roanoke County Administration Building, 5204 Bernard Drive, at any time. It has been our experience that framed resolutions may be damaged when mailed. Please accept this resolution and quilt with our best wishes for a productive retirement and continued success in the future. Sincerely,' r , Joseph McNamara, Chairman Roanoke County Board of Supervisors Enclosure Cc: Sheriff Gerald Holt Joe Sgroi, Director, Human Resources OFFICE: ~ FAX: VOICE MAIL: (540} 772-2005 (540) 772-2193 (540) 772-2170 E-MAIL: bos ~ co. roanoke.va. us O~ p~OAN ,~~ ti ' ;, p z .~ a= C~~~xx~ ~~ ~a~x~~ ~ 1838 Board of Supervisors P.O. BOX 29800 5204 BERNARD DRIVE ROANOKE, VA 24018-0798 Joseph McNamara, Chairman Michael W. Altizer Windsor Hills Magisterial District Vinton Magisterial District Richard C. Flora, Vice-Chairman Joseph B. "Butch" Church Hollins Magisterial District Catawba Magisterial District H. Odell "Fuzzy" Minnix October 15, 2003 Cave Spring Magisterial District Mr. David P. Mitchell, Jr. 4196 Toddsbury Drive Vinton, VA 24179 Dear Mr. Mitchell: I am pleased to inform you that, at their meeting held on Tuesday, October 14, 2003, the Board of Supervisors voted unanimously to appoint you as a member of the Virginia Western Community College Board to complete the unexpired portion of Mr. John Frye's four-year term. This term began on June 30, 2003, and will expire on June 30, 2007. State law provides that any person elected, re-elected, or appointed to any public body be furnished a copy of the Freedom of Information Act. Your copy is enclosed. On behalf of the Supervisors and the citizens of Roanoke County, please accept our sincere thanks and appreciation for your willingness to accept this appointment. Sincerely, Vr • l.~~G:~%~11J Diane S. Childers Clerk to the Board of Supervisors Enclosure cc: Dr. Robert Sandel, President Virginia Western Community College OFFICE: FAX: 'VOICE MAIL: (540) 772-2005 (540) 772-2193 (540) 772-2170 E-MAIL: bos ~ co.roanoke.va.us 0~ MOAN ~~ ti A 2 i G'1 a ~~~~~ ~~ ~~~~ 1838 ASSISTANT COUNTY ADMINISTRATOR October 16, 2003 The Honorable Mark R. Warner Office of the Governor State Capitol, 3`a Floor Capitol Square Richmond, VA 23219 Dear Governor Warner: At a regular meeting of the Roanoke County Board of Supervisors held on Tuesday, October 14, 2003, the Board adopted the attached resolution requesting that Roanoke County be declared a primary disaster area because of the excessive rainfall and moisture that have caused significant damage to livestock and crop production in this County. Your assistance in obtaining the federal disaster designation for Roanoke County and federal assistance for Roanoke County farmers who have experienced core damages/losses because of the excessive rainfall and moisture will certainly be appreciated. Should you or your staff have any questions or if I can be of further assistance, please do not hesitate to contact me. Sincerely, ~ John M. Chambliss, Jr. Asst. County Administrator cc Jon Vest, Extension Agent The Honorable Robert W. Goodlatte, U. S. House of Representatives The Honorable Frederick G. Boucher, U. S. House of Representatives The Honorable John W. Warner, U. S. Senate The Honorable George Allen, U. S. Senate J. Carlton Courter, III, Virginia Commissioner of Agriculture The Honorable John S. Edwards, Virginia Senate The Honorable Malfourd W. "Bo" Trumbo, Virginia Senate The Honorable H. Morgan Griffith, Virginia House of Delegates The Honorable Clifton "Chip" Woodrum, Virginia House of Delegates The Honorable A. Victor Thomas, Virginia House of Delegates E er Hodge, Roanoke County Administrator Jerk to the Board of Supervisors, Roanoke County Ms. C. Jeazi Hazlegrove, County Executive Director, USDA Farm Service Agency P.O. BOX 29800 • ROANOKE, VIRGINIA 24018-0798 • (540) 772-2002 • FAX (540) 772-2089 ®Recycl~d Paper AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, OCTOBER 14, 2003 RESOLUTION 101403-2 REQUESTING THAT THE GOVERNOR OF VIRGINIA DESIGNATED ROANOKE COUNTY AS A PRIMARY DISASTER AREA DUE TO THIS YEAR'S EXCESSIVE RAINFALL AND MOISTURE WHEREAS, widespread excessive rainfall and moisture were experienced in Roanoke County resulting in severe distress and hardship for the County's agricultural community; and WHEREAS, the excessive rainfall and moisture has resulted in more than $500,000, in damage to greenhouse/nursery ornamentals, vegetables, corn silage, hay, and other crops on 16,000 acres of farm land; and WHEREAS, crop losses are putting severe financial pressures on Roanoke County farmers. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County, Virginia, does hereby petition the Honorable Mark R. Warner, Governor of the Commonwealth of Virginia, to request that the United States Secretary of Agriculture designate Roanoke County as a primary disaster area due to excessive rainfall and moisture to provide the means for those affected to excessive rainfall and moisture to provide the means for those affected to qualify for available relief assistance. On motion of Supervisor McNamara to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Flora, Church, Minnix, A(tizer, McNamara NAYS: None 6 1 A COPY TESTE: Diane S. Childers Clerk to the Board of Supervisors cc: File The Honorable Mark R. Warner, Governor of Virginia Jonathan M. Vest, Extension Agent John Chambliss, Assistant County Administrator I hereby certify that the foregoing is a true and correct copy of Resolution 101403-2 adopted by the Roanoke County Board of Supervisors by a unanimous recorded vote on October 14, 2003. /'~~`~ Brenda J. H Iton, CMC Deputy Clerk 2 ROANOKE COUNTY ATTORNEY'S OFFICE Roanoke County Administration Center 5204 Bernard Drive, S.W. -Room 431 Roanoke, VA 24018-0798 Phone 772-2007 -Fax 772-2089 MEMORANDUM To; Board of Supervisors ~n _1 r ` From: Paul M. Mahoney ~~~ Date: October 7, 2003 Subject: Board of Directors -Water/Wastewater Authority You have scheduled a joint meeting with the City Council of the City of Roanoke for 9:30 am on October 17, 2003 to discuss your plans for the appointment and composition of the initial board of directors for the proposed water and wastewater authority, the name of the authority, and any special voting provisions. The County Administrator has scheduled a work session during the October 14, 2003 Board meeting to discuss these issues. . In preparation for this work session and joint meeting I wanted to summarize several of the options available to you for these critical decisions. Individual discussions with members of the Board of Supervisors concerning the composition of the new water and sewer authority board and tiebreaker have resulted in several options. It appears that a consensus has emerged to appoint an additional member of the board instead of appointing a tiebreaker. This would modify one of your agreed initial principles of equal representation. Authority Soard Composition Option A: Nine member board, four appointed by each governing body (City Council and Board of Supervisors); Ninth member appointed jointly by Council and Board; No elected officials on the board, two citizens and two staff Option B 1: Seven member board, three appointed by each governing body; Seventh member appointed by the six remaining members of the new board; Each governing body appoints one elected official, one staff member, one citizen r Option B2: Seven member board, three appointed by each governing body; Seventh member appointed by the six remaining members of the new board; No elected officials; all citizen members, staff is a resource, should not serve onboard. Prefers smaller board, anticipating joinder of additional localities, maximum of 9 member board; membership seat(s) based on assets brought to the authority Option B3: Seven member board, three appointed by each governing body; Seventh member appointed jointly by Council and Board; Each governing body appoints two elected officials and one citizen or staff member. Elected officials can be rotated off the Authority Board after 2 or 3 years, and replaced by citizens (like the Airport Commission). Term of Office The term of office for the Authority Board is 4 years; however, it is recommended in the draft Articles of Incorporation that the initial terms be staggered: one member fora 2 year term, one fora 3 year term and one fora 4 year term (assuming three appointees). If a member of the Board of Supervisors is appointed to the Authority Board, then his term should coincide with his term of office on the Board of Supervisors. There may be a problem since the beginning of the Authority term of office may not coincide with the beginning of the term of office of a supervisor. Name Board and Council are to consider the various names of the Authority. A list of names suggested by staff and citizens is attached. Special Provisions The draft Articles of Incorporation recommend that certain actions be taken only upon an affirmative vote of a majority of members appointed by both the County and the City. These actions are (i) adding new member jurisdictions and (ii) agreements with other political subdivisions, entities or persons for the bulk sale of surplus water or the acceptance and treatment of wastewater. Both the RVRA and Airport Commission articles include special provisions concerning certain large capital expenditures. Do you want to include any other special provisions requiring a "super majority" vote? Please call me if you want to discuss any of these issues before the joint meeting. C: Elmer Hodge Diane Hyatt Gary Robertson Names for the Regional Authority Submitted by employees of the city of Roanoke and Roanoke County Utilities departments for the brainstorm challenge: 1. AUTHORITY OF ROANOKE REGIONAL WATER & WASTEWATER 2. BIG LICK REGIONAL WATER & WASTEWATER AUTHORITY 3. BLUE RIDGE PUBLIC UTILITY AUTHORITY 4. BLUE RIDGE UTILITY AUTHORITY 5. BLUE RIDGE WATER & SEWER AUTHORITY 6. BLUE RIDGE WATER & SEWER RESOURCE AUTHORITY 7. CRYSTAL SPRING WATER & SEWER AUTHORITY 8. DEEP SPRING WATER & SEWER AUTHORITY 9. GREATER VALLEY WATER USE & REUSE AUTHORITY 10. PUBLIC SERVICE AUTHORITY 11. QUALITY WATER & SEWER AUTHORITY OF ROANOKE 12. R2 W2 AUTHORITY 13. RC WATER ASSOCIATION 14. RC WATER AUTHORITY 15. RC WATER WORKS 16. REGIONAL CLEAN & CLEARWATER AUTHORITY OF ROANOKE 17. REGIONAL STAR AUTHORITY 18. REGIONAL VALLEY UTILITY AUTHORITY 19. ROANOKE AREA WATER & SEWER AUTHORITY 20. ROANOKE AREA WATER AUTHORITY 21. ROANOKE CITYICOUNTY WATER & SEWER 22. ROANOKE CLEAN WATER AUTHORITY 23. ROANOKE REGIONAL WATER AUTHORITY 24. ROANOKE REGIONAL WATER WORLD AUTHORITY 25. ROANOKE SPRINGS WATER AUTHORITY 26. ROANOKE VALLEY AUTHORITY ON WATER USE & REUSE 27. ROANOKE VALLEY PUBLIC SERVICE AUTHORITY 28. ROANOKE VALLEY PUBLIC WATER & SEWER AUTHORITY 29. ROANOKE VALLEY SEWAGE TREATMENT & RAINWATER SERVICE 30. ROANOKE VALLEY WATER AUTHORITY 31. ROANOKE VALLEY WATER & SEWER 32. ROANOKE VALLEY WATER AUTHORITY OF THE STAR CITY 33. ROANOKE VALLEY WATER WORKS 34. ROANOKE VALLEY'S CLEAR & CLEAN WATER AUTHORITY 35. ROANOKE WATER & SEWER AUTHORITY 36. ROANOKE WATER AUTHORITY 37. ROANOKE WATER WORLD AUTHORITY 38. RV STARS 39. SOUTHWESTERN UTILITY AUTHORITY OF VIRGINIA 40. SOUTHWESTERN WATER AUTHORITY OF VIRGINIA 41. STAR CITY OF THE SOUTH 42. STAR CITY REGIONAL AUTHORITY Regional Water and Wastewater Authority The Regional Water and Wastewater Authority The Water Company Regional Water and Wastewater Authority Blue Ridge Water Regional Water and Wastewater Authority The Water Source Regional Water and Wastewater Authority WaterLink Regional Water and Wastewater Authority AquaSource Regional Water and Wastewater Authority Waterways Regional Water and Wastewater Authority Water Supply Regional Water and Wastewater Authority Waterworks Regional Water and Wastewater Authority Tlie Water Source Regional Water and Wastewater Authority The Water Authority Regional Water and Wastewater Authority Western Water ROANOKE COUNTY ATTORNEY'S OFFICE Roanoke County Administration Center 5204 Bernard Drive, S. W. -Room 431 Roanoke, VA 24018-0798 Phone 772-2071- FAX 772-2089 MEMORANDUM To: Board of Supervisors ~/til /~ From: Vicki Walker, Legal Secretary Roanoke County Attorney's Office Subject: Cox Cable Franchise Ordinance Item F-2 Date: October 2, 2003 The enclosed attachment to the Cox Cable franchise ordinance was inadvertently omitted from the Board packets. Please include this section with Item F-2. cc: Elmer C. Hodge Paul M. Mahoney Joseph B. Obenshain Diane S. Childers ~/ v THE BOARD OF SUPERVISORS OF THE COUNTY OF ROANOKE, VIRGINIA, AN ORDINANCE providing for one or more non-exclusive franchises to construct, operate, and maintain one or more cable television systems within the County of Roanoke, Virginia. WHEREAS, pursuant to applicable law, policies and procedures are established in this Ordinance whereby the County of Roanoke, Virginia ("County"), may grant certain entities, their successors and assigns, anon-exclusive franchise, or may renew or extend an existing franchise, to erect, operate and maintain poles, cables and all other electrical equipment, structures, or fixtures necessary to the construction, operation and maintenance of a Cable Television System under, over, upon and across the streets, alleys, sidewalks, and rights-of- way of the County to provide Cable Service to the residents and citizens of the County, and to the persons, firms, and corporations doing business therein, and to use the property of other entities in furtherance and support of the objectives of this Ordinance and any franchise granted hereunder upon such arrangements and under such conditions as to which the entities may agree. For the purposes of this Ordinance, the term "Franchise" shall apply, unless otherwise distinguished, to an initial franchise, an extended franchise or a renewed franchise; and WHEREAS, the provisions of this Ordinance shall apply to all cable television Franchises granted, extended or renewed after the effective date of this Ordinance, and shall also apply to all Cable Television Franchisees existing as of the effective date in the event and as of the date of any extension or renewal of an existing Franchise requested by such Franchisee. THEREFORE, BE IT ORDAINED by the Board of Supervisors of the County of Roanoke, Virginia, as follows: i TABLE OF CONTENTS (continued) Section 21. Costs .............................................................................................. 48 Section 22. Open Video System Operation ....................................................... 49 Section 23. Severability ..................................................................................... 49 Section 24. Acceptance of Franchise ................................................................ 50 Section 25. Franchisee to Abide by Applicable Laws ........................................ 51 Section 26. Repeal of Prior Inconsistent Ordinances and Resolutions .............. 51 Section 27. Effective Date ................................................................................. 52 Appendix A. FCC Customer Service Standards 3 (c) "Cable Service" shall have the same meaning as ascribed to the term "cable service" in the Cable Act. (d) "Cable Television System" (or "CAN", or "Cable System", sometimes hereinafter referred to as "System") shall have the same meaning as ascribed to the term "cable system" in the Cable Act. (e) "Chief Executive" shall mean the administrator of a county, manager of a city, or manager of a town, as the context may require. (f) "City" shall mean the City of Roanoke, Virginia. (g) "Council" shall mean the City Council of the City of Roanoke or the Town Council of the Town of Vinton, as the context may require. (h) "County" shall mean the County of Roanoke, Virginia. (i) "EG" shall mean the educational and governmental access component of PEG Access as defined in Section 2(w) hereof. (j) "Elementary and Secondary Schools", whether capitalized or not, shall mean all public institutions operated for the purposes of teaching students enrolled in the elementary (including kindergarten), middle and high school grades. (k) "FCC" shall mean the Federal Communications Commission or its successor. (I) "Franchise" shall mean the grant of authority, embodied in a franchise agreement between the County and a particular Franchisee, authorizing that Franchisee to construct, own, operate and maintain a cable system and provide cable service in the Service Area defined by that agreement. 5 Franchisee to the extent, and only to the extent, the revenues of such parent or affiliate are costs of the Franchisee and recovered by Franchisee through charges to Subscribers that are included in Gross Revenues on which franchise fees are paid; and (3) actual bad debt, refunds or credits, provided any such bad debt subsequently collected shall be considered "Gross Revenues" in the period collected. In the event any revenues derived by Franchisee or its parent or affiliates relate to the System in conjunction with other cable systems outside the Service Area owned or operated by Franchisee, its parent or its affiliate, then such revenues shall be fairly pro-rated among the various systems, and the portion of such revenues attributable to the Franchisee's System in the County based on such apro-ration shall be considered "Gross Revenues". (q) "Higher Education Center" or "Roanoke Higher Education Center" shall mean the Higher Education Center providing extension,services and located in the City. (r) "Home" shall mean any single family dwelling unit, whether a house, apartment, trailer or mobile home, rented room or otherwise. (s) "Local Government" shall mean, as the context may require, the City, the County, or the Town, or all of them collectively. (t) "Local Government Occupied Buildings" shall mean those buildings owned in whole or in part by the County, the City, or the Town, as the context may require, or occupied in whole or in part by Local Government officials or other persons in furtherance of Local Government objectives, and shall include, without limiting the generality of the foregoing, all volunteer and paid fire and/or rescue companies located within the County, City or Town. 7 (cc) "Service Area" shall mean the geographical area in the County, City or Town, as the context may require, in which a Franchisee is authorized by a Franchise to construct its System and to provide Cable Service . (dd) "Signals" shall mean and refer to all frequencies, and the modulating intelligence (including digital modulation) imposed or carried thereon, provided by or permitted to be inserted by a Franchisee on the Cable System operated by such Franchisee. (ee) "Streets" shall mean all public streets, roads, avenues, highways, boulevards, concourses, driveways, bridges, tunnels, parkways, alleys, and all other public rights-of-way within or belonging to the County, City or Town, as the context may require. (ff) "Subscriber" or "User" shall mean any person or entity lawfully receiving any service provided by or carried on a Franchisee's Cable System. (gg) "Town" shall mean the Town of Vinton, Virginia. (hh:) "VDOT" shall mean the Virginia Department of Transportation. Section 3. Grant of Authority. (a) The County shall have the authority, subject to compliance with the relevant provisions of §15.2-2108 of the Code of Virginia and the Cable Act, to grant to such applicant, who shall thereafter be a Franchisee hereunder, a nonexclusive initial, extended or renewed Franchise upon such terms as the County and such applicant may agree. The Franchise shall authorize such Franchisee, within its Service Area, to construct, erect, operate and maintain, in, upon, along, across, above, over and under the Streets of the County, poles, wires, cable, underground conduits, manholes, and such other conductors and fixtures for the maintenance and operation of a Cable Television System to provide Cable Service, subject to such 9 Section 4. Applications for Grant Renewal Transfer or Modification of Franchises. (a) Written Application. (1) A written application shall be filed with the County for (A) grant of an initial Franchise; (B) renewal of a Franchise; (C) modification of a franchise agreement pursuant to this Ordinance or the Cable Act; and (D) consent to a transfer of a Franchise. An applicant shall demonstrate in its application compliance with all requirements of this Ordinance and all applicable laws. (2) To be acceptable for filing, a signed original of the application shall be submitted together with five (5) copies. The application must be accompanied by any required application filing fee, conform to any applicable request for proposals or invitation for bid, and contain all required information. All applications shall include the names and addresses of persons authorized to act on behalf of the applicant with respect to the application. (3) An applicant for an initial or a renewal Franchise or transfer of a Franchise hereunder shall include in its application all information requested by the County or its designated representative, subject to the provisions of governing law or regulations, as the County deems reasonably appropriate to allow it to evaluate such applicant's application. (4) All applications accepted for filing shall be made available by the County for public inspection. (b) Application for Grant of a Franchise other than a Cable Act Renewal Franchise. (1) An application for the grant of a new Franchise may be filed pursuant to a request for proposals ("RFP") or invitation for bid ("IFB") issued by the County or on an unsolicited basis. The County, upon receipt of an unsolicited application, may issue an RFP or 11 (D) Whether the application satisfies any minimum requirements established by the County and is otherwise reasonable to meet the future cable-related needs and interests of the community, taking into account the cost of meeting such needs and interests. (E) Whether the applicant proposes to provide adequate PEG Access channel capacity, facilities, or financial support. (F) Whether issuance of a Franchise is warranted in the public interest considering the immediate and future effect on the Streets and private and public property that would be used by the Cable System, including the extent to which installation or maintenance as planned would require replacement of Streets or property or involve disruption of property, public services, or use of the Streets and the comparative superiority or inferiority of competing applications. (G) Whether the applicant or an affiliate of the applicant owns or controls any other Cable System in the County, or whether the granting of the application may eliminate or reduce competition in the delivery of Cable Service in the County. (3) If the County finds that it is in the public interest to issue a Franchise considering the factors set forth above, and subject to the applicant's entry into an appropriate franchise agreement with County, it shall grant a Franchise to the applicant. If the County denies a Franchise, it will issue a written decision explaining why the Franchise was denied. Prior to deciding whether or not to issue a Franchise, the County may hold one or more public hearings or implement other procedures under which comments from the public on an application may be received. The County also may grant or deny a request for a Franchise 13 the applicant and its affiliates; all officers and directors of the applicant and its affiliates; and any other business affiliation and cable system ownership interest of each named person. (2) A demonstration of the applicant's technical ability to construct and/or operate the proposed cable system, including identification of key personnel. (3) A demonstration of the applicant's legal qualifications to construct and/or operate the proposed cable system, including but not limited to a demonstration that the applicant meets the following criteria: (A) That the applicant has not submitted an application for an initial or renewal Franchise to the County, which was denied, or as to which any challenges to such franchising decision were finally resolved adversely to the applicant, within three (3) years preceding the submission of the application. (B) That the applicant has not had any cable television franchise validly revoked by any franchising authority within three (3) years preceding the submission of the application. (C) That the applicant has the necessary authority under Virginia law to operate a cable system. (D) That the applicant holds or is qualified to obtain, any necessary federal licenses or waivers required to operate the System proposed in the application, and that the applicant is otherwise qualified to own and operate the System under federal law. (E) That the applicant, or any of its officers, directors, partners, or shareholders holding greater than a ten (10) percent interest have not, during the ten (10) years preceding the submission of the application, been convicted of any act or omission of such 15 (7) Identification of the area of the County to be served by the proposed Cable System, including a description of the proposed Service Area's boundaries. (8) A description of the physical facilities proposed, including channel capacity, technical design, performance characteristics, headend location, and PEG Access facilities. (9) Where applicable, a description of the construction of the proposed System, including an estimate of plant mileage and its location, the proposed construction schedule, and general information on the availability of space in existing conduits and poles to accommodate the proposed System. (10) A demonstration of how the applicant will reasonably meet the future cable-related needs and interests of the community, including descriptions of how the applicant will meet the needs described in any recent community needs assessment conducted by or for the County, and how the applicant will provide adequate PEG Access channel capacity, facilities, or financial support to meet the community's needs and interests, and how such capacity, facilities, and financial support will be funded. (11) Any other information as may be lawful and reasonably necessary to demonstrate an applicant's ability to comply with the requirements of this Ordinance. (12) Information that the County may lawfully request of the applicant that is relevant to the County's consideration of the application. (13) An affidavit or declaration of the applicant or authorized officer certifying the truth and accuracy of the information in the application, acknowledging the enforceability of application commitments to the extent they are incorporated into a Franchise, and certifying that 17 (B) With respect to the proposed transferee, the information set forth in the following subsections of Section 4(d) of this section, "Contents of Applications": (1), (2), (3), (6), (11), (12), and (13), and where any changes in such information are contemplated, the information set forth in subsections 4(d) (7), (8), (9), and (10). (2) In determining whether a transfer application should be granted, denied, or granted subject to conditions, the County may consider the legal, financial, and technical qualifications of the transferee to operate the Cable System; any potential impact of the transfer on Subscriber rates or services; whether the incumbent Franchisee is in substantial compliance with its Franchise and, if not, whether the incumbent or the transferee furnishes adequate cure or assurance of cure; whether the transferee owns or controls any other Cable System in the County; and whether transfer of the System or control of the Franchisee to the transferee or approval of the transfer would otherwise adversely affect Subscribers, the public, or the County's interests under this Ordinance, the Franchise, or other applicable law. No transfer application shall be granted unless the transferee agrees in writing that it will abide by and accept all terms of this Ordinance and the Franchise, and that it will assume the obligations, liabilities, and responsibility for all acts and omissions, known and unknown, of the previous Franchisee for all purposes. Section 5. Roanoke Valley Regional Cable Television Committee. As of the date of adoption of this Ordinance, the County, the City and the Town have, pursuant to ordinances duly adopted by each of them, jointly established a committee known as the Roanoke Valley Regional Cable Television Committee (the "CATV Committee"). By adoption of this Ordinance, the County does hereby affirm its continued participation in and 19 (e) Sco e. The CAN Committee shall fulfill its responsibilities with respect to any Franchisee or applicant for a Franchise as to which the Cable Service provided or proposed shall extend within or to any portion of all of the three jurisdictions addressed herein. (f) Franchisee Attendance. The General Manager (or his or her designee) of each Franchisee within the scope of the CAN Committee's responsibilities shall be afforded the opportunity to attend each meeting of the CATV Committee, with at least ten (10) days advance notice to be provided whenever reasonably possible, except when the CAN Committee holds a closed meeting. (g) Powers and Duties. The CAN Committee shall: (i) Advise the affected Governing Bodies concerning any applications for Franchises. . (ii) Provide for the development, administration, and operation of EG access facilities and programming for the County, City and Town as provided for in this Ordinance and any franchise agreements. The administration of all such EG activities shall be undertaken by the Committee. (iii} Monitor each Franchisee's compliance with the provisions of this Ordinance and any Franchise granted hereunder, and advise affected Governing Bodies of matters that may constitute grounds for a monetary forfeiture or Franchise revocation. (iv) Advise the affected Governing Bodies concerning the regulations of Cable rates. (v) Receive, record and consider Subscriber complaints that have not been resolved by a Franchisee; attempt to resolve and respond to all such complaints, maintaining a 21 The County specifically retains all rights to regulate rates for Cable Service charged by any Franchisee, subject to the provisions of relevant federal and state laws and the rules and regulations of administrative agencies with authority. Section 7. PEG Access. PEG Access channel capacity, facilities and support requirements shall be specified in the Franchise between the County and the Franchisee, and shall be sufficient to satisfy the County's cable-related community needs and interests. Section 8. stem Operation. (a) Every Franchisee shall operate its Cable System as required by the FCC's rules and regulations, including, without limitation, ensuring compliance with all applicable provisions of 47 C.F.R. §76.601, et seq. (FCC Technical Standards), and any amendments thereto, throughout the entire Service Area. Upon request, every Franchisee shall submit to the County copies of all performance test data required pursuant to 47 C.F.R. §76.601 and any other performance tests that may be required by subsequent amendment of the FCC's rules and regulations. (b) Unless otherwise provided for in a Franchise, within six months after receipt of written request from the County, a Franchisee shall interconnect its System with the Cable System of any overlapping or adjacent cable operator in the County, City or Town. Such interconnection, including bidirectional capability, shall be performed on terms mutually and reasonably acceptable to the Franchisee and the other operator, including arrangements to 23 The above limits may be satisfied by a combination of primary and umbrella insurance following the form of the primary insurance. The above policies shall be written by a company licensed to do business in the Commonwealth of Virginia, which shall be rated not less than "A" by Best's rating service, and the County, the CATV Committee, and their officers, representatives, employees, agents and volunteers shall be named as additional insureds thereunder, and an endorsement to that effect from the insurer must be received by the County within thirty (30) days of commencement of a Franchise. A certificate of these policies shall be furnished to the County as a condition to the grant of any Franchise hereunder. The County reserves the right, no more frequently than once every three years, and upon six months advance notice to a Franchisee, to require an increase in the immediately foregoing minimum basic coverages by an amount not to exceed the amount necessary to compensate for the County's increased general liability insurance coverage, or the County's increased self-insured exposure, for the three years immediately preceding the date of such notice from the County. (c) Every Franchisee shall obtain workers' compensation insurance as required by the laws of the Commonwealth of Virginia, with such insurance to be written by a company licensed to do business in the Commonwealth of Virginia, which company shall be rated not less than "A" by Best's rating service. Such policy shall contain a waiver of subrogation in favor of the County, the CATV Committee, and their officers, representatives, employees, agents and volunteers. (d) Each Franchisee shall ensure that its contractors, subcontractors and agents maintain commercial general liability insurance coverage sufficient to protect the County, the 25 and service to requesting potential Subscribers requiring an underground installation shall be provided within ten (10) business days after such request, unless Franchisee is prevented by reasons beyond its control or later installation is requested by the Subscriber. (2) Repair Procedure. Franchisee shall have a local listed telephone number for receipt of requests for repairs at any time, twenty four (24) hours per day, seven (7) days per week. Franchisee responses to such requests shall occur within twenty four (24} hours after Franchisee's receipt of such a request, oral or written, excluding Sundays and holidays. Verification of the problem and Franchisee's best efforts to resolve the problem shall occur within forty eight (48) hours. In any event, resolution should occur within five (5) business days. Those matters requiring additional maintenance, repair, or technical adjustments that require more than five (5) business days to complete shall be reported in writing to the Subscriber and, if requested, to the County. The County may require reasonable documentation to be provided by Franchisee to substantiate a request for additional time to resolve any such complaint. (3) Responsiveness. Franchisee shall respond seven (7) days a week within two hours to any outage affecting five (5) or more subscribers due to the same event or occurrence ("Area Outage") which occurs between the hours of 7:00 a.m. and 9:00 p.m., and by not later than 11:00 am the following day to any Area Outage which occurs between 9:00 p.m., and 7:00 a.m., the following day. Such response shall mean actual commencement of trouble shooting and repairs, plus contact with the complaining Subscriber(s), if reasonably possible under the circumstances. 27 (1) Complaint Policy. Franchisee shall promulgate written policy statements and procedures for reporting and resolving Subscriber complaints. Franchisee shall furnish a copy of the policy to each new Subscriber upon installation and thereafter to all Subscribers at least annually, and to the County and all Subscribers at such time as there is any change in such policy. (2) Complaint Records. Franchisee shall maintain records showing the date of receipt of all written complaints received (including those received via electronic mail) and identifying the Subscriber, the nature of the complaint, and the date action was taken by Franchisee in response thereto, together with a description of such action. Such records shall be kept available at Franchisee's local office for at least two (2) years from date of receipt, for inspection by the County as it may at any time and from time to time reasonably request, during business hours and upon reasonable notice. A periodic log of all complaints and resolutions, by category, shall be provided to the County and the CATV Committee or its designee upon request. Complaints that remain unresolved for a period of ten (10) working days or more shall be reduced to writing by the Franchisee and submitted to the County or its designee for appropriate action. (3) Complaint Notice. Franchisee shall provide written notice detailing all actions taken to resolve complaints submitted to the County within five (5) business days from written or telephone notification by the County of the complaint. Franchisee shall provide service-calf and outage reports to the County or the CATV Committee upon request. 29 be designed so that physical removal of antennas and downleads will not be required to receive Service, and so that the Subscriber may utilize such antennas at any time in place of the Cable System service. (g) Parental Guidance Control. Consistent with the Cable Act (47 U.S.C. §544(d)(2)(A)), Franchisee shall make available to any Subscriber so requesting, at reasonable cost, a "parental guidance control" or "lockout key" which will permit the Subscriber to eliminate intelligible audio and video reception of any or all of the premium service channels. Franchisee shall notify all Subscribers of the availability of such parental-control devices. (h) Call Recording Service for Current Known Outages. Franchisee shall provide a telephone number which provides a recorded message of access to an employee or agent or Franchisee, on a twenty four (24) hour basis. The recorded message shall describe current known System deficiencies and outages and thereafter accept recorded messages from Subscribers, who may leave their names; request service; report outages; and request credit for down time. (i) Preventative Maintenance. Franchisee shall establish and adhere to a preventive maintenance policy directed toward maximizing the reliability and maintainability of the Cable System with respect to its delivery of Cable Service to Subscribers at or above the technical standards established by the FCC. When it is necessary to interrupt Cable Service for the purpose of making repairs, adjustments, installations or other maintenance activities, Franchisee shall do so at such times as will cause the least inconvenience to its Subscribers, generally between the hours of 11:30 p.m. and 6:30 a.m. the next morning. 31 (m) Billing Practices. Franchisee shall maintain written billing practices and policies and shall furnish a copy thereof to the County, the CATV Committee, and alt Subscribers, and to each new Subscriber. The County and all Subscribers shall be notified in writing thirty (30) days in advance of any changes. Franchisee shall comply with all relevant state and federal laws and regulations with respect to its billing practices. (n) Pro-rated Service. In the event a Subscriber's service is terminated for any reason, monthly charges for service shall be pro-rated on a daily basis. Where advance payment has been made by a Subscriber, the appropriate refund shall be made by Franchisee to the Subscriber within thirty (30) days of such termination, unless the amount is less than $5.00, which amount shall be refunded only upon the Subscriber's request. (o) Disconnection for Non-Payment. Franchisee shall have the right to disconnect a Subscriber for failure to pay an overdue account provided that: (1) Franchisee's billing practices and policy statements have set forth in writing the conditions under which an account will be considered overdue; and (2) Franchisee provides written notice of its intent to disconnect at least fifteen (15) days prior to the proposed disconnection; and (3) The Subscriber's account is at least thirty (30) days delinquent computed from the first day of service for which payment has not been made. (p) Installation of Equipment. Unless otherwise provided by law, Franchisee shall not install its System on private property without first securing written permission of the owner or tenant in possession of such property or the written permission of the holder of any easement 33 existing and proposed installations in the Streets. The County hereby reserves the right to reject any proposed installation that does not conform to its ordinances, regulations or practices concerning construction in the Streets. The County may order and direct the Franchisee, at Franchisee's sole cost, to move the location or alter the construction of any existing installation to facilitate or accommodate the installation, alteration, repair or changing of the grade or location of a street, or the construction, alteration, repair or installation of any other public works or the construction of public improvements in, on, or under the Streets. Every Franchisee shall also maintain and, upon request, make available at its local office, for review and copying by the County, true and accurate "as built" maps of all existing installations. (b) Every Franchisee shall file annually with the County Administrator a statement setting forth the names and addresses of all its directors and officers and the position that each holds, which statement may consist of the Franchisee's annual report. (c) Upon request, a Franchisee shall file with the County Administrator copies of rules, regulations, terms and conditions adopted by the Franchisee for the conduct of its business. Section 12. Construction and Installation of the Svstem. (a) The County shall have the right to inspect all construction or installation work performed by a Franchisee within the Service Area, and to make such inspections as the County deems necessary to ensure compliance with the terms of this Ordinance, other pertinent provisions of law and any Franchise granted hereunder. No poles, underground conduits, or other wire or cable-holding structures shall be erected by a Franchisee without prior approval of the County or its duly authorized personnel, or, unless such consent is not required by 35 standards of general applicability to Cable Systems. No Franchisee shall commence any construction without obtaining all local zoning and other approvals, permits and other licenses generally applicable to other entities performing such construction, and paying all costs and fees normally imposed or charged therefor. (c) A Franchisee shall be required to extend energized trunk cable and make Cable Service available to any and all portions of the County within the limits of its defined Service Area with a density of at least twenty (20) Homes per linear mile for aerial installations and thirty (30) Homes per linear mile for underground installations. For purposes of calculating this density requirement, all Homes within one hundred fifty (150) feet of any Street or other right- of-way suitable for cable trunk installation shall be counted in density determinations, and shall be considered as satisfying the 20 or 30 Homes- per-mile density requirement, as appropriate. In the event that the owner of any Home or other structure within a Franchisee's Service Area not meeting the density requirement is willing to agree in writing to pay the excess cost of extending Cable Service to that location, then a Franchisee so requested by such owner shall provide Cable Service to such Home or other structure, provided that such owner's payment obligation shall only apply to the actual costs incurred, without markup, in extending cable more than 150 feet from any trunk line. (d) In case of any disturbance of pavement, sidewalk, driveway or other surface, a Franchisee shall, at its sole cost and expense and in a manner approved by the County or as required by any applicable County policy or standards generally applicable to similar construction in the Streets, replace and restore all paving, sidewalk, driveway or surface disturbed in as good condition as before such work was commenced. 37 deems that such trimming would be inappropriate. An explanation for the denial shall be provided in writing. (i) No Franchisee shall install above-ground facilities in any portion of its Service Area where all public utility lines are underground, or in any area of the County designated as an underground utility area, and every Franchisee shall be obligated to relocate its existing facilities underground in any portion of its Service Area within ninety (90) days after all public utility lines in that portion of its Service Area have been placed underground, provided, however, that Franchisee may request a partial waiver of this requirement with respect to certain ground- mounted appurtenances, such as Subscriber taps, line extenders, System passive devices (splitters, directional couplers, etc.), amplifiers, power supplies, network reliability units, pedestals, or other related equipment. (j) Vehicles owned or leased by a Franchisee and used in the installation, construction or repair of the Franchisee's System or installation or repair on Subscribers' premises shall be marked with the Franchisee's identity, and all employees, contractors and subcontractors of a Franchisee shall carry identification, to be produced upon request, which shall provide the employee, contractor, or subcontractor's name, local business address and local business telephone number . Section 13. Emergency Alert System. Every Franchisee shall comply with the federal Emergency Alert System ("EAS") standards established by Part 11 of the FCC's Rules (47 C.F.R. §11) and any state or local EAS plan approved thereunder. In addition, and to the extent not preempted by federal law or regulation, each Franchisee shall provide for use by such authorized persons as are designated 39 transfer, assignment or lease shall thereafter be effective until the vendee, assignee, transferee or lessee has filed in the office of the County Administrator an instrument, duly executed, reciting the fact of such sale, assignment, transfer or lease, accepting and agreeing to be bound by the provisions of this Ordinance and a Franchise granted pursuant hereto, and agreeing to perform all the conditions that may be imposed by the Board pursuant to its consent. Consent for the transfer, sale, assignment or lease shall not unreasonably be withheld; provided, however, that any costs incurred by the County in evaluating and/or approving such transfer, sale, assignment or lease, not to exceed $5,000.00, shall be paid within 30 days after the submission of an invoice therefor by the County, and no such transfer, sale, assignment or lease shall become effective until such payment is made. . Section 16. County Right in Franchise. (a) The right is hereby reserved by the County to adopt, in addition to the provisions herein contained and in existing applicable ordinances, such additional regulations as it shall find necessary and that are a lawful exercise of its police power. (b) The County shall have the right to supervise, inspect and approve or disapprove all construction or installation work performed by a Franchisee in the Streets, subject to the provisions of this Ordinance and other County laws, ordinances, resolutions, rules and regulations, and to make such inspections as it shall find necessary to ensure compliance with applicable County laws, ordinances, resolutions or regulations. (c) All Streets, rights-of-way, and easements that a Franchisee is permitted to use hereunder shall remain the property of the County or VDOT, as appropriate. Until such time as poles or other equipment are actually installed by a Franchisee, and in the event of future 41 section shall not apply if non-compliance is occasioned by events beyond the control of the Franchisee, provided that such events were not proximately caused by the Franchisee's acts or failure to act. In the event the Franchisee shall in good faith contest its liability or the amount of any forfeiture imposed under this Section, no further forfeiture need be paid until such liability is established by the Board of Supervisors, and should such liability be established by the Board of Supervisors, such determination shall be final, and the Franchisee shall have thirty (30) days within which to comply and within which to pay all forfeitures assessed. In the event the Franchisee does not then comply and pay all forfeitures assessed, the County shall have the option (i) to initiate judicial collection proceedings; (ii) to collect upon any security posted; and/or (iii) implement procedures to revoke the Franchise and declare the security forfeited. Section 17. Franchise Fee. (a) Unless a lesser amount is specified in a Franchise, each Franchisee shall pay the County on a quarterly basis a fee (a "Franchise Fee") equal to five percent (5%) of its Gross Revenues derived from the immediately preceding calendar quarter. The Franchise Fee for each calendar quarter shall be paid to the County no later than thirty (30) days after the end of the calendar quarter on which such fee is based. Such payment shall be accompanied by a report, in a form acceptable to the County, itemizing the revenue sources on which the fee payment was calculated and showing how the payment amount was calculated. Any payment made after the date on which it is due shall be subject to a five percent (5%) late payment fee plus interest at the rate that the County is then currently charging for late payments owed to the County. Each Franchise Fee payment shall be accompanied by a summary report showing Gross Revenues received by the franchisee from its operations within the County during the 43 decrease by the Board of Supervisors and not less than ninety (90) days advance notice to each affected Franchisee. (e) Consistent with applicable law, no fee, tax or other payment required to be made by a Cable System operator to the County, including payment of a Business, Professional or Occupational License fee or tax, shall be deemed as part of the Franchise Fee payable to the County hereunder, so long as such fee, tax or other payment obligation is imposed on a non- discriminatory basis on other similarly situated entities doing business within the County. Section 18. Records and Reports. The County and its representatives shall have access during normal business hours to a Franchisee's plans, maps, electronic data, documents, contracts, and engineering, accounting, financial, and statistical data, and, subject to the Subscriber privacy provisions of Section 631 of the Cable Act (47 U.S.C. § 551), customer and service records relating to the Cable System and its operation within the County by the Franchisee and to all other records required to be kept hereunder. The County may review, copy, and audit any such records, documents or electronic data. Section 19. Franchise Revocation. (a) Whenever any Franchisee shall refuse, neglect or willfully fail to construct, operate or maintain its Cable System or to provide Cable Service to its Subscribers in substantial accordance with the terms of this Ordinance or any applicable rule or regulation, or materially breaches its Franchise Agreement, or materially violates this Ordinance or other law, ordinance, resolution, rule, or regulation, or practices any fraud or deceit upon the County or its Subscribers within the County, or fails to pay Franchise Fees, or if such Franchisee becomes 45 (iv) if such assets are abandoned or deemed abandoned under applicable law, succeed to ownership or title thereof. Unless some later date is agreed to by the Franchisee, such option must be exercised by the County within one (1) year from the date of the revocation of the Franchise, or the entry of the final judgment by a court reviewing the question of the revocation, or the entry of a final order upon appeal of same, whichever is later. In any Franchise revocation proceeding, if the County and a Franchisee cannot agree upon the fair market value excluding any value attributable to the Franchise itself of the Franchisee's assets located within the County, then the County and the Franchisee shall each at their own cost select a different independent appraiser (each of whom shall be an active member of and be certified by the Appraisal Institute or its successor) who shall each provide an appraisal of the value at issue. If the greater appraised value does not exceed the lesser appraised value by more than ten percent (10%) of such lesser value, then the two appraised values shall be averaged and the resultant value shall be binding upon the County and the Franchisee; if the greater appraised value exceeds the lesser appraised value by more than ten percent (10%), then the two previously chosen appraisers shall together choose a third independent appraiser, who shall have no knowledge of the prior appraised values, and who shall provide an appraisal of the value, which shall be binding upon the County and the Franchisee. Any valuation determined in accordance with the immediately foregoing procedures shall conclusively be deemed as an equitable price, as specified at 47 U.S.C. § 547. (c) The revocation of a Franchisee's rights as set forth herein shall in no way affect any other rights the County may have under the Franchise with such Franchisee or under this 47 The County may require that each applicant for an initial, renewal, modification or transfer of a Franchise compensate the County for its direct, out of pocket costs incurred in the award of a Franchise hereunder, including the County's expenses incurred for special counsel or consultants retained to assist it in such award. A bill for such costs as are then determinable may be presented to the Franchisee by the County upon the franchisee's filing of its acceptance of a Franchise hereunder, and if so presented shall be paid at that time, and such additional costs as are determined as payable by the County shall thereafter be paid within fourteen (14) days of presentment to the Franchisee. Section 22. Open Video System Operation. In the event that any person shall obtain certification from the FCC as an Open Video System ("OVS") operator and thereafter offeror continue to provide service within the County as an OVS operator, then all portions of this Ordinance which are, or may lawfully be, applicable under governing statute or regulation to OVS operators, including payment of required fees, which may otherwise be imposed upon cable television operators (including, without limitation, franchise fees), shall apply without interruption or abatement to such person except to the extent expressly prohibited by law or regulation. Section 23. Severability. (a) All terms and conditions of this Ordinance and any Franchise are subject to the rules and regulations of, and to any required approval of, federal and state agencies. If any provision of this Ordinance or any Franchise granted hereunder is held by any court or federal or state agency of competent jurisdiction to be invalid as conflicting with any federal or state law, 49 Section 25. Franchisee to Abide by Applicable Laws. By accepting a Franchise and executing a Franchise Agreement, a Franchisee agrees that it will abide by all applicable federal, state and local taws, rules and regulations. Section 26. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior ordinances or resolutions or parts thereof concerning cable television that are inconsistent with or contravene this Ordinance or any Franchise granted thereunder are hereby repealed as of the effective date of this Ordinance. 51 APPENDIX A FCC CUSTOMER SERVICE STANDARDS 47 C.F.R. §76.309 76.309 Customer service obligations (a) A cable franchise authority may enforce the customer service standards set forth in section (c) of this rule against cable operators. The franchise authority must provide affected cable operators ninety (90) days written notice of its intent to enforce the standards. (b) Nothing in this rule should be construed to prevent or prohibit: (1) A franchising authority and a cable operator from agreeing to customer service requirements that exceed the standards set forth in section (c) of this rule; (2) A franchising authority from enforcing, through the end of the franchise term, pre-existing customer service requirements that exceed the standards set forth in section (c) of this rule and are contained in current franchise agreements; (3) Any State or any franchising authority from enacting or enforcing any consumer protection law, to the extent not specifically preempted herein; or (4) The establishment or enforcement of any State or municipal law or regulation concerning customer service that imposes customer service requirements that exceed, or address matters not addressed by, the standards set forth in section (c) of this rule. (c) Effective July 1, 1993, a cable operator shall be subject to the following customer service standards: (1) Cable system office hours and telephone availability. (i) The cable operator will maintain a local, toll-free or collect call telephone access line which will be available to its subscribers 24 hours a day, seven days a week. 1 (iii) The operator will not be required to acquire equipment or perform surveys to measure compliance with the telephone answering standards above unless an historical record of complaints indicates a clear failure to comply. (iv) Under normal operating conditions, the customer will receive a busy signal less than three (3) percent of the time. (v) Customer service center and bill payment locations will be open at least during normal business hours and will be conveniently located. (2) Installations, outages and service calls. Under normal operating conditions, each of the following four standards will be met no less than ninety five (95) percent of the time measured on a quarterly basis: (i) Standard installations will be performed within seven (7) business days after an order has been placed. "Standard" installations are those that are located up to 125 feet from the existing distribution system. (ii) Excluding conditions beyond the control of the operator, the cable operator will begin working on "service interruptions" promptly and in no event later than 24 hours after the interruption becomes known. The cable operator must begin actions to correct other service problems the next business day after notification of the service problem. (iii) The "appointment window" alternatives for installations, service calls, and other installation activities will be either a specific time or, at maximum, a four-hour time block during normal business hours. (The operator may schedule service calls and other installation activities outside of normal business hours for the express convenience of the customer.) (iv) An operator may not cancel an appointment with a customer after the close of business on the business day prior to the scheduled appointment. (v) If a cable operator representative is running late for an appointment with a customer and will not be able to keep the appointment as scheduled, the customer will be contacted. The appointment will be rescheduled, as necessary, at a time which is convenient for the customer. (3) Communications between cable operators and cable subscribers. (i) Refunds. Refund checks will be issued promptly, but no later than either- 3 -o o W ~ ~~ ~ ~ U W ~ o~ ~ o o ~ ~ ~ ~ O 7 U~ X U i0 XO O X U ° ~ Uc~ ~ OU f00 D C U O ~~ ~ cSf N ,p ~ _ O V Ud (~ ~ E O O ~ O M Y y O ~ C 'O ~ N Y ~ ~ ~ O E -o fn E w a (a 3 l!') O f~ N V ~ V M O O ~ M OD CO In (O Ch ~ ~ u W N ~ N O Y O ( O O O O O O ~ O ^ ~ 7 V M O e M . r r i Q ~ ~ 4) ~ O n M ~ M ~ ~ (,~ d ~ 0 O~ ~ O r ~ OOi M N r ~ O = 'O ~ rn ~ ~ ~ rn rn n l0 t . .. 'C ~ V ~ ~ ~ ~ ~ ~ m ~ ~ ~ ~ D. o 0 0 0 0 0 0 0 0 0 • V N N N N N N N N N N N L b~i Y r ~ N Q Q Q Q Q Q Q Q Q Q NJ Y Y Y Y Y Y G1 Y Y Y Y N ~ O O O O O O O O O O _ N C C C C C ~ N C ~ U V C ( ( C ( O p p c 0 c 0 p ~ ¢ ( 6 ¢ p C oC ¢ o C o oC o C o C M 2 ~ ~ ~ a -o ~ m m~ o o ~ c ~ ~ O•~~o ~ ~ °~ o °~ a ~o -o 0 o a' ~ ~ a' O ~ N ~ U -p O~ c O ~ p 01 p C O (A N ~ C O N ~ ~ cn ~ C7 C7 U ~ H U ~ M ^ O O ~ O ~ ~ 7 C ~ C c 0 M aD c0 M ~ ~ d' ~ O r M ~A M M M M M M M ~ N O Z N c d c_ CO ~, ~. y ~ p C Z ~ N ~ CO p~ Y N L~ m p ~ ~ Q ~ Q ~ m~sg ~ a -~ ~ Y ~ ~ ~ c ~ ~ ~~ fir' Y C S T ~ ~ Y C ~ _ N N ~ ~Ow~ ~ ~ ~ Q ~ U ~ `~ \J`l ~ (~,, ~ ~ ~, ~ ~l V~ ~ V pTETplj L~ °~~ ~~ ~~ o ~ ~ Botetourt County, Virginia 1„~,= ~ Office of th.e County Adminzstr-ator September 19, 2003 1 t~'evt MaiuSi~reei. No. 1 Fincasde, Vii~inia 24t?90 phone (540) 473-8223 F~~;~s~o>473-s22s Mr. Elmer Hodge Roanoke County Administrator P. O. Box 29800 Roanoke, VA 24018-0798 Board of Supervisors s.r. Ctlnton Dear Elmer: Chairman Wanda C. Wingo ~~a~e chatrmari We discussed the Hill Drive situation with the Board of Supervisors on Sep- 'r.L. Austin tember 15, 2003. The Board expressed their consensus that: J.W. Griffin w.c.Loope 1. Taxation of the properties is the responsibility of the Commissioner of Revenue. 2. Changing the situs for taxation purposes as early as January 1, 2004 may present a hardship to residents. The members of the Board expressed a preference for January 1, 2005 if the property is to be changed to Botetourt County taxation. 3. Prior to proceeding, there should be a meeting of Hill Drive residents to allow them to express concerns and ask questions. 4. Botetourt County would not be willing to pay tuition for residents to attend Roanoke County Schools. Adequate space exists for children to attend Botetourt County Schools. Please let me know if you have any questions. Sincerely, Gerald A. Burgess County Administrator cc: Members, Botetourt County Board of Supervisors William L. Heartwell, III, County Attorney Jay Etzler, Commissioner of Revenue Rod Dillman, Deputy Superintendent of Schools 6 LAW OFFICES OSTERHOUDT, PRILLAMAN, NATT, 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 3912 ELECTRIC }.TOAD, s.W. P. 0. BOX 20487 ROANOHE, VIRGINIA 240 18 - 0049 (540) 989-0000 FAX (540) 772-0128 .SALEM, VRGINIA 24153 P. O. Box 2~e 106 N. COLORADO STREET (540) 388-2348 Fwx (540) 38©-9590 Apri124, 2003 Mr. David Holladay Zoning Administrator, Chief PI?nner Department of Planning and Zoning County of Roanoke P. O. Box 29800 Roanoke, VA 24018 Re: Zoning Interpretation Dear David: As we have discussed on the telephone during the last week, I have a client who desires to locate an opiate treatment service in Roanoke County. It would be my opinion, based upon a review of the Zoning Ordinance, that a methadone clinic would meet the definitiori of "medical office" under Section 30-29-4 (Office Use Types) of the Roanoke County Zoning Ordinance. That section reads as follows: Medical Office: Use of a site for facilities which provide diagnosis, minor surgical care and outpatient care on a routine basis, but which does not provide overnight care or serve as a base for an ambulance service. Medical offices are operated by doctors, dentists, or similar practitioners licensed by the Commonwealth of Virginia. The proposed use would be to operate an outpatient clinic in the Roanoke area. There will be no overnight accommodations of any nature. A patient would arrive at the clinic, check in with the business office, make arrangements for payment of sums due and determine whether or not they are to see their assigned counselor. The patient would then proceed to the medication area where a licensed nurse would initiate medication as directed by the licensed physician. Once the medication is administered, the patient is free to leave the facility unless there is a scheduled counseling activity. The approximate time that the patient would be in the facility would be fifteen minutes; provided, however, that if counseling activities are scheduled, the entire office visit would last approximately one hour. Mr. David Holladay April 24, 2003 Page 2 The hours of operation of the clinic would be from approximately from 5:00 AM to 2:00 PM. These early morning hours are utilized in an effort to allow the patients to obtain their medication and counseling and then proceed to work, school or other daily activities. The clinic would be operated seven days a week and would generally be closed on most holidays. The clinic would. be staffed by a licensed physician, as well as by licensed nurses. Other than clerical staff, all persons working with patients would be licensed, cerllEied or otherwise credentiaied as appropriate or required. T'ite clinic operations are licensed and regulated by the Virginia Department of Mental Health, Mental Retardation, Substance Abuse Services, the Virginia Board of Pharmacy and the U. S. Drug Enforcement Agency. The facility is surveyed and accredited by the joint Commission on the Accreditation of Health Care Organizations. The Commonwealth of Virginia licenses the clinic as an outpatient service. I am enclosing a copy of the Rules and Regulations for Licensing Providers of Mental Health, Mental Retardation and Substance Abuse Services. My client is categorized as an outpatient service under these Regulations. I would appreciate your confirmation that my client falls within the definition of "medical office" as set out above. If you should disagree with this opinion, I would request that you specifically identify those areas which cause you to disagree so that we may discuss them. I look forward to an early response, as my client is desirous of moving ahead. With best personal regards, I am Very truly yours, OSTERHOUDT, PRILLAMAN, NATT, HELSCHER, YOST, MAXWELL & FERGUSON, P.L.C. Edward A. Natt EAN/csb pc: Ms. Tina Renee Bullins Chief Executive Officer Life Center of Galax 112 Painter Street, P. O. Box 27 Galax, VA 24333 County of Roanoke Department of Community Development Memorandum To: Roanoke County Board of Supervisors Elmer Hodge, County Administrator From: David Holladay, Senior Planner/Zoning Administrator ~~~~_ Date: May 19, 2003 Re: Opiate addiction treatment facility I have been asked to render. an opinion as Zoning Administrator on the definition in the zoning ordinance of an opiate addiction treatment facility. Since the proposed land use has the potential to generate a strong negative reaction from our citizens, I would like to make you aware of the situation. I have gathered information on this issue, and spoken to-professionals in the field, including the potential clinic operator. I also have researched files in the Roanoke City planning office regarding a similar request. In addition, I have discussed this issue with John Chambliss and Paul Mahoney. The proposed use would operate as an outpatient clinic, with no overnight accommodations. Patients suffering from and recovering from opiate addiction would come to the clinic to receive medication.and, on some days, counseling. The medication administered would be methadone, which is defined in Funk & Wagnalls standard dictionary as "a synthetic narcotic drug used as a substitute in the treatment of heroin addiction." The hours of operation would be from 5:00 am unti12:00 pm, seven days a week. The early hours of operation would allow patients to receive treatment, and then proceed to work, school, or other daily activities. I am preparing to render an opinion that the use is defined in the zoning ordinance as medical office. Medical offices are allowed by right in the following zoning districts: AV, Agricultural Village; NC, Neighborhood Commercial; Cl, Office District; C2, General Commercial. The AV district is a rural commercial district typically found in areas such as Catawba, Mason's Cove, Back Creek and Bent Mountain. The NC district has not been used to date in the county. The C1 and C2 districts are the county's office and general commercial districts. Representatives from the proposed clinic have indicated that they desire a site with adequate parking and highway access, as well as access to Valley Metro Over the next week, I will be working on my letter to respond to this request. If you have any questions, or would Like to discuss this further, please contact me at 772-2092, or dholladay@co.roanoke.va.us. O~ ROANp~.~ ~ '~ ~ G) sa ~ DEPARTMENT OF COMMUNITY DEVELOPMENT DIRECTOR, ARNOLD COVEY ASSISTANT DIRECTOR, GEORGE W. SIMPSON, III, P.E. CHIEF PLANNER, JANET SCHEID June 5, 2003 Edward A. Natt P.O. Box 20487 Roanoke, VA 24018 Re: zoning interpretation for methadone clinic Dear Mr. Natt, DEVELOPMENT REVIEW ENGINEERING INSPECTIONS MAPPING/GIS PERMITS PLANNING & ZONING STORMWATER MANAGEMENT In response to your letter dated Apri124, 2003 requesting a zoning interpretation for a methadone clinic, please be advised of the following. Based upon your description, the proposed clinic would operate on an outpatient basis with no overnight accommodations. The patients would receive regular medical treatment as well as counseling as needed. The clinic would be staffed and operated by a licensed physician and licensed nurses. The clinic operations are regulated by the Virginia Department of Mental Health, Mental Retardation, and Substance Abuse Services, as well as the Virginia Board of Pharmacy, and the U.S. Drug Enforcement Agency. Based upon your description, the proposed clinic is defined as Medical Office in the Roanoke County Zoning Ordinance. Medical offices are allowed by right in the following zoning districts: AV, Agricultural Village; NC, Neighborhood Commercial; Cl, Office District; and C2, General Commercial. If you have any questions regarding this letter, or need further information, please do not hesitate to call me at 772-2092. Sincerely, David Holladay Senior Planner, Zoning Administrator Cc: Paul Mahoney, County Attorney Arnold Covey, Director of Community Development Janet Scheid, Chief Planner P.O. BOX 29800 • ROANOKE, VIRGINIA 24078 • PHONE (540) 772-2080 • FAX (540) 772-2108 ®Recycled Paper ~- _-~r,~r,;-. - _ rRri(-J~:TI i GD T L_.._A! .AI`, Nh-1 ~L! r,,i '~~'1~~~ r . Cis `=dward:A. Matt direst. -{540) 725-~1$0 :Fax; . {54t1 y 772-E3125 To: '.David :Holladay, Planner From: .Edward A. 'Nett .lcsE~ County~of Roanoke ~Fax~ 77.2 X108 Pages: :2 -Re: 1Vietha~dane ~Ciiri is ~390~~~~ilvriial Avenue :Date: `September:22, :2003 _~ Urgent .~"For Review O'Please Comment~~ Please~Reply ^ Please Recycle Comments: -The information~contained in this-facsimile message is attorney-privileged and confidential information intended only ~for'the use of ahe individual ar enfit}r named above. If the_ reader of 'this message is not-the intended recipient, -you .are hereby notified that any dissemination, distribution or copy of this communication is strictly prohibited. If you have received-this communication in error, .please immediately notify us by telephone and return the original message to ua at the above address .via fhe U. S. f'os`~al Service. We wilt reimburse you for postage. Thank you, ,cT_K~rj,~i .~-; a~ r ~~,, ~~ ; rti~, ~ ~~ ~ r L,stiv O~:Frlcza V,_ Qs~~~z~.U~~r.a~~.~, ~~gx.z.~~.~~~z~, I~T~.~a ~:, ~I.~.~.,sc~~r~z, '~TQSa, N1-~.~w}~.~~ ~ F~r~o~so.~T, ~'LC~ Edward A. Natt :3A1:.. EI:Z+(:'1'kt1C; ~'Ua7~, S ~'~• Please reply to: ~. U..bo~. ° o~t,A~ P. 0. Box 2D467 Roanoke, VA 24018 174nN4Kr, VIRGIVIa4 `_'9,U1fS -UO<'bfi Direct: (540) 725-8180 Fax: (540) 772-0126 (s~wo) sao-oooo E-mail: enattQopnlaw.com T.1i1 (;,tio) 77~a•o~~o Septeniber.22,:2003 U1A,"~FACSfMILE: 77.2=2108 •M r. David Holladay .Zoning Administrator, Ghief Planner Department ofPlanning and Zoning County of Roanoke P.. 0. Box.29800 Roanoke, VA :24018 Re: ;Proper€y at 33g0 ~aloni;al;~venue Dear David: SALLM, VIItCYLNSA.'~ 7.13u }'. C1. llOi- S7U. ,~, : T. C:n~.r.»~~+~ FT1:1tET PN: lg<401 300•A3~U I would appreciate your issuing today a letter indicating that~the _zoning of the property at 3390 Coianial Avenue .permits the operation of a methadone clinic in accordance with the provisions of your letter of June 3, .2003. Please `fax 'the letter ~to me and call my office so'that (may;pick_up the original. Very truly yours, OSTERHOUDT, PRILLAMAN, MATT, HELSCHER, POST, 1ViAXWELL ~ FERGUSON, P.L.C. .C Edward A. `Natt 1=ANlcsb pc: 'VIA FACSIIVIIi_E. 276-236-8821 Ms. Tina Renee Bulfins Chief Executive Officers Life Center of Galax 824 NORTH AMERICAN INDUSTRY CLASSIFICATION SYSTEM • Establishments known and licensed as hospitals primarily engaged in provid- ing inpatient treatment of mental health and substance abuse illnesses with an emphasis on medical treatment and monitoring are classified in Industry 622210, Psychiatric and Substance Abuse Hospitals. 62322 Residential Mental Health and Substance Abuse Facilities See industry description for 623220 below. 623220 Residential Mental Health and Substance Abuse Facilitiesus This industry comprises establishments primarily engaged in providing residen- tial care and treatment for patients with mental health and substance abuse illnesses. These establishments provide room, board, supervision, and counseling services. Although medical services may be available at these establishments, they are incidental to the counseling, mental rehabilitation, and support services offered. These establishments generally provide a wide range of social services in addition to counseling. Illustrative Examples: Alcoholism or drug addiction Psychiatric convalescent homes or rehabilitation facilities (except licensed hospitals hospitals) Residential group homes for the Mental health halfway houses emotionally disturbed Cross-References. • Establishments primarily engaged in providing treatment of mental health and substance abuse illnesses on an exclusively outpatient basis are classified in Industry 621420, Outpatient Mental Health and Substance Abuse Centers; • Establishments primarily engaged in providing residential care for persons diagnosed with mental retardation are classified in Industry 623210, Resi- dential Mental Retardation Facilities; and • Establishments known and licensed as hospitals primarily engaged in provid- ing inpatient treatment of mental health and substance abuse illnesses with an emphasis on medical treatment and monitoring are classified in Industry 622210, Psychiatric and Substance Abuse Hospitals. 6233 Community Care Facilities for the Elderly 62331 Community Care Facilities for the Elderly This industry comprises establishments primarily engaged in providing residen- tial and personal care services for (1) the elderly and other persons who are unable US-United States industry only. CAN-United States and Canadian industries ate comparable. MEX-United States and Mexican industries are comparable. Blank-Canadian, Mexican, and United States industries are comparable. http://www.census.gov/naics 812 NORTH AMERICAN INDUSTRY CLASSIFICATION SYSTEM 621420 Outpatient Mental Health and Substance Abuse CenterscA''' This industry comprises establishments with medical staff primarily engaged in providing outpatient services related to the diagnosis and treatment of mental health disorders and alcohol and other substance abuse.. These establishments generally treat patients who do not require inpatient treatment. They may provide a counseling staff and information regarding a wide range of mental health and substance abuse issues and/or refer patients to more extensive treatment programs, if necessary. Illustrative Examples: Outpatient alcoholism treatment centers and clinics (except hospitals) Outpatient detoxification centers and clinics (except hospitals) Outpatient drug addiction treatment centers and clinics (except hospitals) Outpatient mental health centers and clinics (except hospitals) Outpatient substance abuse treatment (except hospitals) Cross-References. • Establishments known and licensed as hospitals primarily engaged in the inpatient treatment of mental health and substance abuse illnesses with an emphasis on medical treatment and monitoring are classified in Industry 622210, Psychiatric and Substance Abuse Hospitals; and • Establishments primarily engaged in the inpatient treatment of mental health and substance abuse illness with an emphasis on residential care and counsel- ing rather than medical treatment are classified in Industry 623220, Residen- tial Mental Health and Substance Abuse Facilities. 62149 Other Outpatient Care Centers This industry comprises establishments with medical staff primarily engaged in providing general or specialized outpatient care (except family planning centers and outpatient mental health and substance abuse centers). Centers or clinics of health practitioners with different degrees from more than one industry practicing within the same establishment (i.e., Doctor of medicine and Doctor of dental medicine) are included in this industry. Illustrative Examples: Dialysis centers and clinics Freestanding ambulatory surgical centers and clinics Freestanding emergency medical centers and clinics Health maintenance organization (HMO) medical centers and clinics Outpatient community health centers and clinics Outpatient biofeedback centers and clinics Outpatient sleep disorder centers and clinics US-United States industry only. CAN-United States and Canadian industries are comparable. MEX-United States and Mexican industries are comparable. Blank-Canadian, Mexican, and United States industries are comparable. h tt p://www. c e n s u s. g ov/ n a i c s HEALTH CARE AND SOCIAL ASSISTANCE 813 Cross-References. • Physician walk-in centers are classified in Industry 62111, Offices of Physicians; • Centers and clinics of health practitioners from the same industry primarily engaged in the independent practice of their profession are classified in Industry 62111, Offices of Physicians; Industry 62121, Offices of Dentists; and Industry Group 6213, Offices of Other Health Practitioners; • Family planning centers are classified in Industry 62141, Family Plan- ning Centers; • Outpatient mental health and substance abuse centers are classified in Indus- try 62142, Outpatient Mental Health and Substance Abuse Centers; • HMO establishments (except those providing health care services) primarily engaged in underwriting health and medical insurance policies are classified in Industry 52411, Direct Life, Health, and Medical Insurance Carriers; and • Establishments known and licensed as hospitals that also perform ambula- tory surgery and emergency room services are classified in Subsector 622, Hospitals. 621491 HMO Medical Centersus This U.S. industry comprises establishments with physicians and other medical staff primarily engaged in providing a range of outpatient medical services to the health maintenance organization (HMO) subscribers with a focus generally on primary health care. These establishments are owned by the HMO. Included in this industry are HMO establishments that both provide health care services and underwrite health and medical insurance policies. Cross-References. • Health practitioners or health practitioner groups contracting to provide their services to subscribers of prepaid health plans are classified in Industry 62111, Offices of Physicians; Industry 621210, Offices of Dentists; and Industry Group 6213, Offices of Other Health Practitioners; and • HMO establishments (except those providing health care services) primarily engaged in underwriting and administering health and medical insurance policies are classified in U.S. Industry 524114, Direct Health and Medical Insurance Carriers. US-United States industry only. CAN-United States and Canadian industries are comparable. MEX-United States and Mexican industries are comparable. Blank-Canadian, Mexican, and United States industries are comparable. http://www. census. gov/naics a~` >/ of aoANO,~~ ~.~~ Z ~ z v a 1838 DIANE S. CHILDERS CLERK TO THE BOARD Email: dchilders~co.roanoke.va.us ~~ ~ ~ C~n~t~~ .v~ ~n~t~.~~ P.O. BOX 29800 5204 BERNARD DRIVE ROANOKE, VIRGINIA 24018-0798 (540) 772-2005 FAX (540) 772-2193 October 17, 2003 Mr. James D. Campbell Executive Director Virginia Association of Counties 1001 East Broad Street Richmond, VA 23219 Dear Mr. Campbell: BRENDA J. HOLTON, CMC DEPUTY CLERK Email: bholton~co.roanoke.va.us Attached is the VACo 2003 Annual Meeting Voting Credentials Form designating Chairman Joseph McNamara as Roanoke County's voting delegate and Vice-Chairman Richard C. Flora as the alternate delegate. These designations were approved by the Board of Supervisors at their meeting on Tuesday, October 14, 2003. If you need further information, please do not hesitate to contact me. Sincerely, ~~~ Diane S. Childers, Clerk Roanoke County Board of Supervisors Attachment cc: The Honorable Joseph P. McNamara The Honorable Richard C. Flora t VACo 2003 Annual Meeting Voting Credentials Form Voting Delegate: (Supervisor) Name Joseph McNamara Title Chairman Locality__Roanoke County Board of Supervisors Alternate Delegate: (Supervisor) Name Richard C. Flora Title Vice-Chairman Locality Roanoke County Board of Supervisors Certified by: (Clerk of the Board) Name Diane S. Childers Title Clerk Locality Roanoke County Board of Supervisors ---------------------------------------------------------------------------------------------------------------------- VACo 2003 Annual Meeting Proxy Statement County authorizes the following person to cast its vote at the 2003 Annual Meeting of the Virginia Association of Counties on November 11, 2003., anon-elected official of this county. -OR- a supervisor from County. This authorization is: Uninstructed. The proxy may use his/her discretion to cast County's votes on any issue to come before the annual meeting. Instructed. The proxy is limited in how he/she may cast County's votes. The issues on which he/she may cast those votes and how he/she should vote are: (List issues and instructions on the back of this form) Certified by: Name Title Locality 6 Diane Childers -Explore Park Page 1 From: Elmer Hodge To: Butch Church; Fuzzy Minnix; Joe McNamara; Mike Altizer; Richard Flora Date: 8/15/03 2:13PM Subject: Explore Park As part of Roanoke County's evolving partnership with Virginia's Explore Park, the County Parks and Recreation Department will be expanding some programs to make use of the facilities available to us at Explore. Some of these programs are new while others are being relocated from other County sites that are heavily used. This initiative is generating considerable enthusiasm and is being coordinated with Explore Park staff, the River Foundation, and VRFA. We will share more information with you in a work session at the August 26 Board of Supervisors meeting. In order to improve coordination with Explore Park, Pete Haislip and I have asked Debbie Pitts to succeed Diane Hyatt as the County's contact person for Explore. Diane has completed much of the work that we intended her to do at Explore and she is now deeply involved in developing the proposed Regional Water Authority. In order to provide smoother coordination with Explore programs, Debbie Pitts and Roger Ellmore will serve as co-directors of the partnership. Roanoke County's involvement in Explore was anticipated by the Board in the contract that we made with the River Foundation and VRFA in July of 2001. The contract states that "The County will participate in the management of the Park's Operations" and also states that "The County shall have access to the Park facilities to develop County sponsored programs and events...". All of our new initiatives and organization at Explore are provided for in the 2001 agreement. Even though this level of County involvement at Explore was anticipated when the 2001 agreement was made, this is a step forward for us; we believe the new arrangements will be beneficial to our own citizens as well as to tourists coming to the area. I have asked Tom Brock, a member of the VRFA Board, to share his thoughts with you at our work session. If you have any questions prior to the August 26 work session, please let me know. Elmer Hodge Roanoke County Administrator 540-772-2004 CC: Debbie Pitts; Diane Hyatt; Pete Haislip; Roger Elmore LBre ~ ~ Holton - Re: October 15th JOINT PROCLAMATION -. From: Brenda Holton To: Stuart Harris Date: 10/14/03 10:07AM Subject: Re: October 15th JOINT PROCLAMATION Stuart, sorry for the delay in answering your email but I was out of the office yesterday. I was not at the joint signing last year but my understanding was that each of the people signing were asked to read portions of the proclamation. At the end of the reading, they all signed the copies and each localities was given one of the proclamations. Since the signing was in the County, you probably did ask Butch to be the "host" for the event. If you want to discuss this with Joe McNamara, you could call him at work 725-8264, or I could give him your message later today. Brenda J. Holton Deputy Clerk Roanoke County Board of Supervisors Phone: (540) 772-2005 Fax: (540) 772-2193 bholton@co.roanoke.va.us »> "Stuart Harris" <harrisva@cox.net> 10/12/03 03:06PM »> Brenda: Were you present at last year's joint signing ceremony? I'm trying to recall the format and think it simply evolved on the spot and maybe Butch Church (since we happened to be in the County?)took the initiative? I think he announced that each of the 4 dignitaries (5 this year) would read part of the PROCLAMATION and then they would all sign it (and multiple copies) at the end. I don't recall either if each of them added any other remarks. I think I was invited to say something towards the end also. I imagine an alternative would be to invite someone to act as an emcee but we haven't yet planned for that. Could you let me have some thoughts on this? Stuart ...._ ................. Page 1 CC: Diane Childers Brenda. Holton -Fwd: Valley Character Joint Proclamation reception ~ _ _ ~ Page 4 ~ ~ From: Brenda Holton To: Butch Church; Elmer Hodge; Fuzzy Minnix; Mike Altizer; Richard Flora Date: 10/6/03 8:34AM Subject: Fwd: Valley Character Joint Proclamation reception Mr. Harris has invited the Chairman (Joe plans to be there) to sign the above joint proclamation on Oct 15 at 4:30 p.m. at 419 West Restaurant. There is a reception from 4:00 p.m. until 4:30 p.m. Mr. Harris has asked me to invited the other members of the Board and Mr. Hodge to attend the signing of the document. If any of you would to attend, please let me know so that I can inform him. This proclamation will be signed by Mayor Smith, Roanoke City; Vice-Mayor Brown, Salem; Mayor Davis, Vinton; Chair Angell, Franklin County, and Chair McNamara, Roanoke County. Mr. Harts will be at the Oct 14 Board meeting to receive the joint proclamation from the County and is scheduled to receive it today at Roanoke City's meeting. Brenda J. Holton Deputy Clerk Roanoke County Board of Supervisors Phone: (540) 772-2005 Fax: (540) 772-2193 bholton@co.roanoke.va.us »> "Stuart Harris" <harrisva@cox.net> 10/06/03 12:06AM »> Dear Brenda -thank you for all your help in bringing this to fruition. We would like to invite you, the County Administrator and any interested members of the Roanoke County Board of Supervisors to join us for the signing of the joint endorsement of our Valley Character work throughout the Valley when we celebrate the event at "419 West" on October 15th. The actual signing is scheduled to take place at 4.30 and there will be a small reception for guests from 4.00 to 4.30. If any invitees would like to join us, we would certainly be delighted.. Would you be able to extend this invitation on our behalf and let me know who would like to join us some time this week? Incidentally, when it's convenient, would you confirm the time I should be present on October 14th? All good wishes. Stuart Stuart Harris President: GRVCC - "ValleyCharacter" (Greater Roanoke Valley Character Coalition) Website: www.valleycharacter.org <http://www.valleycharacter.org/> B erda Holton - fie: Valley Character Joint Proclamation reception ~ ~ Page 1 ~ -- __ From: Brenda Holton To: Stuart Harris Date: 10/6/03 8:42AM Subject: Re: Valley Character Joint Proclamation reception Stuart, I have extended your invitation to Mr. Hodge and the other members of the Board. As soon as I find out if any of them will attend, I will let you know. The October 14 Board Meeting starts at 3 p.m. and proclamations and recognitions are done at the beginning of the meeting. You should plan to be here at 3 p.m. See you next week. Brenda Brenda J. Holton Deputy Clerk Roanoke County Board of Supervisors Phone: (540) 772-2005 Fax: (540) 772-2193 bholton@co.roanoke.va.us »> "Stuart Harris" <harrisva@cox.net> 10/06/03 12:06AM »> Dear Brenda -thank you for all your help in bringing this to fruition. We would like to invite you, the County Administrator and any interested members of the Roanoke County Board of Supervisors to join us for the signing of the joint endorsement of our Valley Character work throughout the Valley when we celebrate the event at "419 West" on October 15th. The actual signing is scheduled to take place at 4.30 and there will be a small reception for guests from 4.00 to 4.30. If any invitees would like to join us, we would certainly be delighted.. Would you be able to extend this invitation on our behalf and let me know who would like to join us some time this week? Incidentally, when it's convenient, would you confirm the time I should be present on October 14th? All good wishes. ,Brenda. Holton - Fie: Valley Character Joint Proclamation reception Page 2 .__ - - Stuart Stuart Harris President: GRVCC - "ValleyCharacter" (Greater Roanoke Valley Character Coalition) Website: www.valleycharacter.org <http://www.valleycharacter.org/> Tel: (540)774-8133 CC: Diane Childers 8ren~a Holton - FW: Valley CharacteriProclamation Page 1 ;~ From: "Stuart Harris" <harrisva@cox.net> To: "Brenda Holton" <bholton@co.roanoke.va.us> Date: 10/6/03 5:17PM Subject: FW: Valley Character -Proclamation This looks fine to my tired eyes! Many thanks. I'll stop by some time when they're ready and make the swap. We all missed this before and probably reading it 10 more times wouldn't have helped! Once we see what we want to see - we tend to see the same thing again and again! Stuart -----Original Message----- From: Brenda Holton [mailto:BHOLTON@co.roanoke.va.us] Sent: Monday, October 06, 2003 4:54 PM To: harrisva@cox.net Subject: Re: Valley Character -Proclamation Stuart, just to let you know, I took out the second caring, because when I took out the first, it left to many spaces on the line. I am emailing the proclamation to you again. Please let me know if this is OK. Brenda Brenda J. Holton Deputy Clerk Roanoke County Board of Supervisors Phone: (540) 772-2005 Fax: (540) 772-2193 bholton@co.roanoke.va.us »> "Stuart Harris" <harrisva@cox.net> 10/06/03 03:21 PM »> Brenda: I had the good fortune to have a "dry run" for the 15th today. As you know the Proclamation was included on the agenda for the City Council meeting. As I watched it over Mayor's Smith's shoulder as he read it aloud - I noticed (for the first time) that the capitalized word CARING was duplicated - in the third "whereas". Brenda Holton - FW: Valley Character -Proclamation ~ Pag When he finished reading it he went ahead and signed it and fortunately I quickly grabbed it and said I'd bring it on the 15th to save him the trouble! In fact the idea is that they will all sign it then "jointly" anyway. It did go out in out press release this way but maybe we'll send out a corrected version next week as we will probably need to be trying to get the attention of the press nearer to the actual date. Would you mind making the correction and reproducing the copies again? I will bring back the blue folders so they won't be wasted. I would suggest the easiest thing would be simply to delete the FIRST "CARING" and the comma that goes with it. Stuart CC: "Stephen Davis" <sdavis@grandhomefurnishings.com>, "Stephen Davis" <sdavis9281 @aol.com> w Brenda Holtor~~- RE: Joint Proclamation From: Brenda Holton To: Stuart Harris Date: 9/29/03 3:33PM Subject: RE: Joint Proclamation Stuart, Page 1 I have taken Craig County off the proclamation and printed six copies so that each locality can have one after they are signed and one for you. They are ready to be picked up whenever you like. We are located at the Roanoke County Administration Center, 5204 Bernard Drive, fourth floor. I previously emailed the proclamation to Joyce so am just reminding her to take Craig County off the signers at the bottom. Brenda Brenda J. Holton Deputy Clerk Roanoke County Board of Supervisors Phone: (540) 772-2005 Fax: (540) 772-2193 bholton@co.roanoke.va.us »> "Stuart Harris" <harrisva@cox.net> 09/25/03 09:51 PM »> Dear Brenda - I now have learned that Craig will NOT be able to join us on October 15th. Would you now go ahead and produce the final document without them. Hopefully there will be no problem in having it ready for the Roanoke City Council meeting on October 6th. I imagine Joyce will make any modifications necessary for it to be used for that purpose. Thank you both so much for assisting with all these arrangements. Stuart Stuart Harris President: GRVCC - "ValleyCharacter" (Greater Roanoke Valley Character Coalition) .,j Brenda Holton- RE: Joint Proclamation Website: www.vallevcharacter.org 5622 Starkey Rd. Roanoke VA 24014 Tel: (540)774-8133 __ _ -- -- Page 2 -----Original Message----- From: Brenda Holton fmailto:BHOLTONCa~co.roanoke.va.usl Sent: Thursday, September 25, 2003 4:22 PM To: harrisva cox.net Subject: Joint Proclamation Mr. Harris, here is the fancy proclamation. I will be off tomorrow but you can call me Monday to make arrangements to pick up the copies. Brenda CC: Diane Childers; Joyce_Johnson@ci.roanoke.va.us v Br " a Holton - RE: Joint Proclamation From: "Stuart Harris" <harrisva@cox.net> To: "'Brenda Holton"' <BHOLTON@co.roanoke.va.us> Date: 9/25/03 9:52PM Subject: RE: Joint Proclamation Dear Brenda - I now have learned that Craig will NOT be able to join us on October 15th. Would you now go ahead and produce the final document without them. Hopefully there will be no problem in having it ready for the Roanoke City Council meeting on October 6th. I imagine Joyce will make any modifications necessary for it to be used for that purpose. Thank you both so much for assisting with all these arrangements. Stuart Stuart Harris President: GRVCC - "ValleyCharacter" (Greater Roanoke Valley Character Coalition) Website: www.valleycharacter.org 5622 Starkey Rd. Roanoke VA 24014 Tel: (540)774-8133 -----Original Message----- From: Brenda Holton [mailto:BHOLTON@co.roanoke.va.us] Sent: Thursday, September 25, 2003 4:22 PM To: harrisva@cox.net Subject: Joint Proclamation __Page 1 -- ~, _ Brer~da Holton - RE: Joint Proclamation, Pa e 2 ~.__ __. ~___..__ ---9---~ Mr. Harris, here is the fancy proclamation. I will be off tomorrow but you can call me Monday to make arrangements to pick up the copies. Brenda CC: "Joyce Johnstone" <mail@ci.roanoke.va.us> ~rend~a Holton - Joint Proclamation Page 1J From: Brenda Holton To: harrisva@cox.net Date: 9/24/03 4:11 PM Subject: Joint Proclamation Mr. Harris, here is the proclamation. Please let me know if you want to make any changes. If you have trouble detaching the file, let me know and I will fax to you. Brenda Brenda J. Holton Deputy Clerk Roanoke County Board of Supervisors Phone: (540) 772-2005 Fax: (540) 772-2193 bholton@co.roanoke.va.us !Brenda Holton -Fwd: Proclamation -Valley Character ' From: Brenda Holton To: Joe McNamara Date: 9/19/03 10:41 AM Subject: Fwd: Proclamation -Valley Character Joe, Page 1 I The meeting to sign this joint proclamation has been changed to Oct 15 at 4:30 p.m. at 419 Restaurant because of the Regional Leadership Summit Excursion Train Trip. That trip is scheduled for Oct 15, from 11 a.m. until approximately 3 p.m. Since the people Mr. Harris wants to sign the joint proclamation will probably be on this trip, he has asked to have it later in the day and hope that everyone will attend. Please let me know if you will be able to attend the meeting to sign the proclamation. Brenda J. Holton Deputy Clerk Roanoke County Board of Supervisors Phone: (540) 772-2005 Fax: (540) 772-2193 bholton@co.roanoke.va.us »> Brenda Holton 09/16/03 03:09PM »> Mr. Harris would like to attend the 10/14 Board meeting at 3 p.m. to accept this proclamation. He has also invited you along with Mayors/Chairs from Roanoke City, Salem, Vinton and Franklin County to sign the Joint Proclamation at 419 West Restaurant on 10/15 at 3 p.m. Can you attend this meeting? This proclamation was signed last year at a meeting at 419 West by Butch as Chair, and others. Mr. Harris is asking Franklin County to participate this year. If you can attend the 10/15 meeting, please let me know. I will followup with Mr. Harris on getting the proclamation printed and placed on our agenda for the 10/14 meeting. Brenda J. Holton Deputy Clerk Roanoke County Board of Supervisors Phone: (540) 772-2005 Fax: (540) 772-2193 bholton(a~co.roanoke.va.us »> "Stuart Harris" <harrisva@cox.net> 09/16/03 01:44PM »> Further to our recent discussions, please find attached a draft for your consideration for the JOINT PROCLAMATION to be issued at "419 West" at 3.00 on October 15th. I have sent copies to all those shown above and would appreciate knowing if this is acceptable to all concerned or if there are any changes requested, prior to producing this in a formal document - or is that something that you i Brenda Holton Fwd: Proclamation -Valley Character _ Page 2 ~« would arrange? (This may have been the case last year). would also like to know if it would be appropriate. for this to be on the agenda for your council meeting and, if so, when would be the best time to do this and if you would like me or a GRVCC officer to attend. Thank you so much for your cooperation in bringing this about. Stuart Stuart Harris President: GRVCC - "ValleyCharacter" (Greater Roanoke Valley Character Coalition) Website: www.valleycharacter.org <http://www.valleycharacter.org/> Tel: (540)774-8133 CC: Diane Childers ',.Brenda Holton 03 -Proclamation edited sep 16.doc _ --~- ----- _ . v ___ ~ ~____ Page_1 ~~ WHEREAS, the parents, citizens and leaders of the Roanoke Valley realize our next generation can create a community with an ever improving quality of living and set an example for the region and the world as we head into a crucial time for humankind; WHEREAS, the extraordinary nature and demands of these times will challenge members of our community to be extraordinary citizens with strong moral character and a clear understanding of what it means to be an involved and compassionate human being; WHEREAS, our schools in the Roanoke Valley are working to instill these six character traits, also cited by Virginia Law, into the young persons of our community: RESPONSIBILITY FAIRNESS RESPECT CITIZENSHIP CARING TRUSTWORTHINESS WHEREAS, these six traits of character are fundamental to all human beings regardless of cultural, religious, or socio-economic differences; WHEREAS, it is the duty of all parents and families and also of all responsible community members to set good examples and to provide young persons with opportunities of service and to develop high moral standards and create value systems that will serve them well in living their lives and reaching their full potential; WHEREAS, the Greater Roanoke Valley Character Coalition (Valley Character.org) is working to improve life in our community by supporting the building of character and supporting those working for improvement of our neighborhoods and to ease suffering and injustice for our citizens. NOW THEREFORE, WE, the undersigned, do hereby proclaim October 19 to 25, 2003, as BUILDING CHARACTER WEEK in the Roanoke Valley, coinciding with National CHARACTER COUNTS! Week. We further call upon parents, families, leaders, citizens, schools, youth organizations, faith-based groups, businesses, community groups, government agencies and all others to model good practices; engage in discussions about people of extraordinary character; acknowledge local individuals who exemplify such character; encourage young persons to be active in serving their community through volunteerism and provide opportunities for young persons to cultivate their character and their futures through education, public-service, and community involvement. -- -- Brena~ Holton - F,wd: Proclamation - Vallev Character / __ _ 7 /~` ~ From: Brenda Holton i To: Joe McNamara ,~! Date: 9/16/03 3:09PM w {~-~.~, ~ ~ c-~~~-i1ticJ''-~-~ , /~C Gu-t-/,( ~~""" Subject: Fwd: Proclamation -Valley Character ,`, _ /. ~~ Mr. Harris would like to attend the 10/14 Board meeting at 3 p.m. to accept/this proclamation. He has also invited you along with Mayors/Chairs from Roanoke City, Salem, Vinton and Franklin County to sign the Joint Proclamation at 419 West Restaurant on 10/15 at 3 p.m. Can you attend this meeting? This proclamation was signed last year at a meeting at 419 West by Butch as Chair, and others. Mr. Harris is asking Franklin County to participate this year. If you can attend the 10/15 meeting, please let me know. I will followup with Mr. Harris on getting the proclamation printed and placed on our agenda for the 10/14 meeting. Brenda J. Holton Deputy Clerk Roanoke County Board of Supervisors Phone: (540) 772-2005 Fax: (540) 772-2193 bholton@co.roanoke.va.us »> "Stuart Harris" <harrisva@cox.net> 09/16/03 01:44PM »> Further to our recent discussions, please find attached a draft for your consideration for the JOINT PROCLAMATION to be issued at "419 West" at 3.00 on October 15th. I have sent copies to all those shown above and would appreciate knowing if this is acceptable to all concerned or if there are any changes requested, prior to producing this in a formal document - or is that something that you would arrange? (This may have been the case last year). I would also like to know if it would be appropriate for this to be on the agenda for your council meeting and, if so, when would be the best time to do this and if you would like me or a GRVCC officer to attend. Thank you so much for your cooperation in bringing this about. Stuart Stuart Harris BrenO~ Holtcn - F.wd Proclamation -Valley Character Page 2 _ __, __.. President: GRVCC - "ValleyCharacter" (Greater Roanoke Valley Character Coalition) Website: www.valleycharacter.org <httg://vwvw.valleycharacter.org/> Tel: (540)774-8133 CC: Diane Childers _ ~.._ Brenda Holton - 03 Proclamation edited sep 16.doc Page 1 _ . _ - _~ - - -- - WHEREAS, the parents, citizens and leaders of the Roanoke Valley realize our next generation can create a community with an ever improving quality of living and set an example for the region and the world as we head into a crucial time for humankind; WHEREAS, the extraordinary nature and demands of these times will challenge members of our community to be extraordinary citizens with strong moral character and a clear understanding of what it means to be an involved and compassionate human being; WHEREAS, our schools in the Roanoke Valley are working to instill these six character traits, also cited by Virginia Law, into the young persons of our community: RESPONSIBILITY FAIRNESS RESPECT CITIZENSHIP CARING TRUSTWORTHINESS WHEREAS, these six traits of character are fundamental to all human beings regardless of cultural, religious, or socio-economic differences; WHEREAS, it is the duty of all parents and families and also of all responsible community members to set good examples and to provide young persons with opportunities of service and to develop high moral standards and create value systems that will serve them well in living their lives and reaching their full potential; WHEREAS, the Greater Roanoke Valley Character Coalition (Valley Character.org) is working to improve life in our community by supporting the building of character and supporting those working for improvement of our neighborhoods and to ease suffering and injustice for our citizens. NOW THEREFORE, WE, the undersigned, do hereby proclaim October 19 to 25, 2003, as BUILDING CHARACTER WEEK in the Roanoke Valley, coinciding with National CHARACTER COUNTS! Week. We further call upon parents, families, leaders, citizens, schools, youth organizations, faith-based groups, businesses, community groups, government agencies and all others to model good practices; engage in discussions about people of extraordinary character; acknowledge local individuals who exemplify such character; encourage young persons to be active in serving their community through volunteerism and provide opportunities for young persons to cultivate their character and their futures through education, public-service, and community involvement. ,., - _ _ Brenda Holton -Joint American Character Week Proclamation Page 1 ` 4 C.~ ~ V' From: Brenda Holton To: Joe McNamara Date: 8/22/03 10:48AM Subject: Joint American Character Week Proclamation Stuart Harts, founder of the Greater Roanoke Valley Character Coalition, has asked to attend the Oct 14th meeting at 3 p.m. to accept the above joint proclamation. At Mr. Harris' request last year, we prepared a joint proclamation to be signed by our chair, Mayor Smith, Mayor Tarpley, and Mayor Davis. They were all asked to meet at 419 Restaurant to present the proclamation. Mr. Harris is adding Franklin County to the proclamation this year. Mr. Harris is inviting you as chairman to attend the meeting on Oct 15 at 3 p.m. at 419 Restaurant. believe last year each of the participants read a few paragraphs of the proclamation. He has also invited Mayor Smith but according to Joyce in his office, she doesn't know if he will be attending. Please let me know if you can attend this Oct 15th meeting. Brenda J. Holton Deputy Clerk Roanoke County Board of Supervisors Phone: (540) 772-2005 Fax: (540) 772-2193 bholton@co.roanoke.va.us CC: Diane Childers Brenti'a Holton -American Character Week Proclamation Page 1 „ . From: Brenda Holton To: mayor@ci.roanoke.va.us Date: 8/22/03 10:32AM Subject: American Character Week Proclamation I am emailing you the above proclamation which Mr. Stuart Harris requested. This is the same proclamation that was used last year with the addition of Franklin County Chairman. After you have reviewed the proclamation, I will prepare it and let Mr. Harris know that he is responsible for getting the signatures. I will also check to see if Mr. McNamara can attend the presentation on Wed, Oct 15, 3 p.m. at 419 Restaurant. Mr. Harris has requested to attend our Board meeting on Oct 14 for presentation of the joint proclamation also. Brenda J. Holton Deputy Clerk Roanoke County Board of Supervisors Phone: (540) 772-2005 Fax: (540) 772-2193 bholton@co.roanoke.va.us CC: Diane Childers ~ Bren tia Holton -Showalter Retirement Resolution _- --- From: Brenda Holton To: Anne Marie Green Date: 10/1/03 9:37AM Subject: Showalter Retirement Resolution Anne Marie, Page 1 Attached is a resolution of appreciation for Cecil Showalter upon his retirement on October 1, 2003. Since he does not plan to attend a Board meeting, we want to add his resolution to the Consent Agenda for the October 14th meeting. Would you review the resolution and add something to make it more personal? Thanks for your help, Brenda Brenda J. Holton Deputy Clerk Roanoke County Board of Supervisors Phone: (540) 772-2005 Fax: (540) 772-2193 bholton@co.roanoke.va.us CC: Diane Childers; Mary Brandt . ~ COUNTY OF RCANOKE ~ ~,,~,^ 2 6 ~"'~;' ' Retirement iRe~olution Form (To be completed at the exit interview session with the retiring employee) Name of Employee: ~ ~ ...~ ,r. Dates of Employment: 10 1raC,l ~q5; „ =~ ~ ~ t~~ cn Current Position:- ; ,\'_~ (~ ~~~~~~T }~~~ Length of Service: Previous Positions Held: r ~ ~, ~~~, ~"~ ~~ P ~~.,~... Other Information: ~~~ C~ ~,~ ~~ ~ ~~, _ r,~ ~ ~ i ~ - Plans to attend board meeting on date. Would like to attend a board meeting at a later date. Date requested is: Does not plan to attend a board meeting. Please mail resolution. _. •~ o~ ~ ~~_... Human Resources Signature Date 2) r, 1 ~ lU~ ~-cvt> ~ ~- o'er /"`-' ` . Diane Childers -Maps needed for Work Session of BOS Page From: Sue Bane To: Gary Coleman Date: 9/24/03 4:10PM Subject: Maps needed for Work Session of BOS Gary, Paul needs some big maps mounted on poster board for a work session with the Board on proposed boundary line adjustments. The first one is the Hill Drive Area along the Roanoke/Botetourt county line. I have a map that was printed on June 16 showing the county line and the properties. Can you show which of those properties are assessed and taxed in Roanoke County and which in Botetourt County? The other map or maps that he will need involve the following boundary adjustments: Property to be moved into the County: Vinyard Park 7020101 and 7020102 totaling 57.8879 acres. Property to be moved into the City: Rockydale Quarries 88.03-1-36 (7.02), 70.11-1-19.1 (.72), 70.11-1-3 (5.13), 70.11-1-20 (32.16). The work session will be on October 14. Please let us know if you have any questions. Thanks, Sue Bane Legal Assistant Roanoke County Attorney's Office sbane@co.roanoke.va.us 772-2007 772-2089 (fax) CC: Diane Childers; Paul Mahoney 10i10i2003 89:21 ROA CO FIRE RESCUE ~ HODGE Print Application N0.316 Di~2 Ps.ge 9 of 14 interoperablllty, This is exasperated through the mutual responses shared between our various stations as well as the adjoining municipalities, The desired approach will be to implement county-wide with adequate training and notification, This requires funding for #ull purchase of the SC8A equipment. Additionally, Roanoke and Salem have been using the same SCBA as Roanoke County. Both Roanoke City and Salem City were successful in last years FEMA grant process to move #onNard with a SCSA replacement plan for their jurisdictions. In order Tor all the jurisdictions to be compliant antl provide mutual aid and regional cooperation, it is imperative we have compatible personal protective equipment. We are requesting $668,202 as part of the grant for our SCBA UpgradelReplacement project. The department has tentatively been able 'to obtain $200,000 as part of our 30% share of the grant through the county's budget process. While next fiscal years budget has not been formally approved by our Board of Supervisors, we are not expecting to receive the entire amount for the project though we have submitted it as part of our departmental budget requests, Currently, al! personnel are issued up to date NFPA compliant turno~.lts. This has been a primary area of budget expenditures over the past several years as we have replaced all older nomex gear with P81. This process has been a cooperative arrangement wll'h our volunteer companies. the approval of this grant request would bring our firefigi,ter personal protective equipment to the highest level available as we are constantly striving to provide for the safety of our responders. This total request would provide SCSA for all of the county stations; 20 engines ~ each 80 units ~ ladders 5 each 20 Z pumper/tankers ~ each 8 ~ tankers 2 each 8 25 ambulances Z each 50 Reserveltraining 9 Total 175 units Roanoke County has had representatives serving on a joint evaluation committee with Roanoke Gity. The bidding process has been completed and the award went to Scott 50, 4.5 units as the SCSA of choice. These units will be approximately $3300 each. In addition, the department would have to replace our existing fill station capabillti®s as they are all 2216 psi cylinders with low pressure regulators. The actual brackets on existing vehicles would have to be replac®d as the new type bottles are of a different diameter and construction type. The department will also purchase RIT packs to provide firefighter safety as they conduct fire ground operations. Individual masks would alsc be required in order to comply with OSHA requirements. The totals are= SCBA ar~d Spare Cylinders 175 at $3300 ea $577,500 RIT Packs 4 at $2000 ea $ 8,000 Eill station bottles hoses/hardware $ 17.352 Brackets $ 29,750 Masks 102 a# $300 ea $ 30,60D Total $8~3,2D2 The upgradelreplacement to the SCSA with MMR units program would be a tremendous asset to our department. The program will increase the quality of life for'the citizens of the County of Roanoke, as well as, department personnel. RoanokE Gity and Clty of Salem hAve boon successful in obtaining fast years FEMA grant for SCBA. Approval of our grant would allow for regional inter-op®rability 2nd continuation of mutual aid agreements. Our priority is to protect the health and safety of firefighters, a5 well as improve their quality of fife. The respiratory upgradelreplacement program will allow for attainment of our county and departments! goals, as wen as, maintaining compliance with NFPA 1981 standard on breathing apparatus, If you received a grant award in the 2002 process, does No your current request relate to your 20D2 award? https:/IpQrtal,fema.gov/firegrsntJjsp/fire/print_app.jsp?print=-hue&app nunzbec= 0/10/2003 _ _.._. r da Holton - Re: Fwd: Simpson and Lee Retirements Page 1 From: Brenda Holton To: Gerald Holt Date: 10/6/03 10:15AM Subject: Re: Fwd: Simpson and Lee Retirements Jennifer -the email attached had the resolutions as I forwarded to Sheriff Holt. Could you send me the changes? Thanks, Brenda J. Holton Deputy Clerk Roanoke County Board of Supervisors Phone: (540) 772-2005 Fax: (540) 772-2193 bholton@co.roanoke.va.us »> Gerald Holt 10/06/03 09:35AM »> Brenda, Here are a few changes that I would like to have changed. Thanks, Jennifer Hoback 6~~ - /~ ~~ ~~~ Brenda Holton -Simpson and Lee Retirements Pag ';'~ From: Brenda Holton To: Gerald Holt Date: 10/3/03 11:51 AM Subject: Simpson and Lee Retirements Gerald, Attached are resolutions of appreciation for Michael J. Simpson and Arthur L. Lee upon their retirements on October 1, 2003. Since they do not plan to attend a Board meeting, we want to add their resolutions to the Consent Agenda for the October 14th meeting. Would you review the resolutions and add something to make them more personal? Thanks for your help, Brenda Brenda J. Holton Deputy Clerk Roanoke County Board of Supervisors Phone: (540) 772-2005 Fax: (540) 772-2193 bholton@co.roanoke.va.us CC: Diane Childers; Mary Brandt Brenda Holton - Re: Michael Simpson _ _ Page 1 ` From: Brenda Holton To: Carla Frazier Date: 10/3/03 11:40AM Subject: Re: Michael Simpson Carla, no problem. I knew you were busy and would get to it as soon as you could. Thanks for the clarification. Have a great weekend. Brenda Brenda J. Holton Deputy Clerk Roanoke County Board of Supervisors Phone: (540) 772-2005 Fax: (540) 772-2193 bholton@co.roanoke.va.us »> Carla Frazier 10/03/03 11:17AM »> Hi Brenda, Thanks for your patience in waiting for a response to this email. I have been really busy with (Guess What?!!)retirements lately. The status sheet in Michael's file indicated "County Police" as the department name when he was originally hired, however, the Sheriff, at that time, signed the status sheet. This would indicate they were just called County Police, but, it was actually the Sheriffs office. I would say that all his service with the County was with the Sheriffs office. Have a nice day! Carla »> Brenda Holton 10/01/03 09:33AM »> Carla On the form you sent, you listed Mr. Simpson as working first in the County Police Department and then several jobs through the Sheriffs Office until he retired. He came to work in 8-2-1976 and the Police Department was not formed until 1990. Did he ever work for the Police Department or was he always in the Sheriffs Office. Sorry if this is confusing but trying to get the resolution right. Thanks, Brenda Brenda J. Holton Deputy Clerk Roanoke County Board of Supervisors Phone: (540) 772-2005 Fax: (540) 772-2193 bholton(c~co.roanoke.va.us ~ Brentl~ Holton. -Michael Simpson Page 1 From: Brenda Holton To: Carla Frazier Date: 10/1/03 9:33AM Subject: Michael Simpson Carla On the form you sent, you listed Mr. Simpson as working first in the County Police Department and then several jobs through the Sheriff's Office until he retired. He came to work in 8-2-1976 and the Police Department was not formed until 1990. Did he ever work for the Police Department or was he always in the Sheriffs Office. Sorry if this is confusing but trying to get the resolution right. Thanks, Brenda Brenda J. Holton Deputy Clerk Roanoke County Board of Supervisors Phone: (540) 772-2005 Fax: (540) 772-2193 bholton@co.roanoke.va.us Brenda Holton - Re: Michae( Simpson years of employment __ _ _ __ From: Brenda Holton To: Carla Frazier Date: 9/22/03 10:30AM Subject: Re: Michael Simpson years of employment Carla, thanks for checking this. Glad your vacation was good. Brenda J. Holton Deputy Clerk Roanoke County Board of Supervisors Phone: (540) 772-2005 Fax: (540) 772-2193 bholton@co.roanoke.va.us »> Carla Frazier 09/22/03 10:18AM »> Hi Brenda, - Page 1 Good catch! Michael Simpson did purchase 37 months of prior service, however, the prior service was not with the County of Roanoke. The correct number of years of service with the County of Roanoke is 27 years, 2 months. Thanks. Have a nice day! My vacation was wonderful! Carla »> Brenda Holton 09/18/03 12:33PM »> Carla, just let me know the situation about years when you return. Hope you had a nice vacation!! Brenda J. Holton Deputy Clerk Roanoke County Board of Supervisors Phone: (540) 772-2005 Fax: (540) 772-2193 bholton(a~co.roanoke.va.us »> Carla Frazier 09/18/03 12:33PM »> I will be out of the office from 9/15/03 through 9/19/03. I will return on, Monday, 9/22/03. If you need immediate assistance please call (540)772-2018 and press "0". Thanks. Carla Frazier Human Resources Assistant __ B~renc'a"Holton - Re: Michael Simpson years of employment _-~. ~ ~ - - t From: Brenda Holton To: Carla Frazier Date: 9/18/03 12:33PM Subject: Re: Michael Simpson years of employment -- _ Page 1 Carla, just let me know the situation about years when you return. Hope you had a nice vacation!! Brenda J. Holton Deputy Clerk Roanoke County Board of Supervisors Phone: (540) 772-2005 Fax: (540) 772-2193 bholton@co.roanoke.va.us »> Carla Frazier 09/18/03 12:33PM »> I will be out of the office from 9/15/03 through 9/19/03. I will return on, Monday, 9/22/03. If you need immediate assistance please call (540)772-2018 and press "0". Thanks. Carla Frazier Human Resources Assistant ,, f AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, OCTOBER 14, 2003 RESOLUTION EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY UPON THE RETIREMENT OF MICHAEL J. SIMPSON, SHERIFF'S DEPARTMENT AFTER THIRTY YEARS OF SERVICE WHEREAS, Michael J. Simpson was employed by Roanoke County on August 2, 1976, as a Deputy with the County Police; and has also served with the Sheriff's Office as Rehabilitation Counselor, Deputy Sheriff/Chief Corrections Rehabilitation Counselor and Deputy Sheriff/Classification and Treatment; and WHEREAS, Officer Simpson retired as a Deputy Sheriff-Sergeant/Civil Division, from Roanoke County on October 1, 2003, after thirty years of service (using his dates of employment, his years of service work out to 27 years and 2 months); and WHEREAS, Officer Simpson has served with professionalism and integrity, and 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 MICHAEL J. SIMPSON for thirty years of capable, loyal and dedicated service to Roanoke County; and FURTHER, the Board of Supervisors does express its best wishes for a happy, and productive retirement. • . r' Name of Employee: Dates of Employment: Current Position: Retirement Date Length of Service: 1~~ ~ ~~ ~ Previous Positions Held: ~~~~) ~ C~~~~ ~~\~ Jam'.-~~~.~~1~ -L~ric~ CUB rc~~~Uf~S t~c-~.~t`~y~l~ -. ~~- ~~•~~r~er r~ Scram -Ck~ ~ic~~~ ~ rn ~~~ Other Information: ~-l~r~ • 3 ~ 3'~ A'hr~QL~.L ~ Board Meeting dates during retirement month: Plans to attend board meeting on 2) Would like to attend a board meeting at a later date. Date requested is: Does not plan to attend a board meeting. Please mail resolution. ~~ Human Resources Signature COUNTY OF ROANOKE Retirement Resolution Form (To be completed at the exit interview session with the retiring employee) .~' r'~si~i~ .`.~` ~ 5• date. ~ ~ l (~~C3 Date 1e1 ~ Icy .~ a~ tiK Z ~~~s Gtr-~.c~ ~Q (C~ ~~~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, OCTOBER 14, 2003 RESOLUTION EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY UPON THE RETIREMENT OF ARTHUR L. LEE, SHERIFF'S DEPARTMENT AFTER TWENTY-SIX YEARS OF SERVICE WHEREAS, Arthur L. Lee was employed by Roanoke County on May 1, 1977, as a Deputy Sheriff and has served as Deputy Sheriff/Sergeant; and WHEREAS, Office Lee completed the law enforcement course at Cardinal Criminal Justice Academy; and WHEREAS, Officer Lee retired as a Deputy Sheriff from Roanoke County on October 1, 2003, after twenty-six years and five months of service; and WHEREAS, Officer Lee has served with professionalism and integrity, and 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 ARTHUR L. LEE for more than twenty-six years of capable, loyal and dedicated service to Roanoke County; and FURTHER, the Board of Supervisors does express its best wishes for a happy, and productive retirement. COUNTY OF ROANOKE • ~ + 5 `~ `` Retirement Resolution Form (To be completed at the exit interview session with the retiring employee) Name of Employee: {~r~ur ~., . ~.e Dates of Employment: ~t ~ 1'l'1 - ~1 ~ 3010 Current Position:~~V ~~ ~ - CSh[~-~~S O~~\C.c.~ Retirement Date: ~ O ` t ~ 03 Length of Service: ~~ ~r5 . ~rJMoS, Previous Positions Held: ~C~y ~.~1~ ~.rq~~ C~ ic~r -~p ~x:~cymir~o 0. 5ermcc~~ 1-Lr, (st VJc~~ kcc~ i n ~Inc_ ~'nc- ~a`~~'no~ ~ i 5 cs~t ray cx~ p~Ov~s~ - ~c.~,y Shc Other Information: ~~,rGSs'. ~IIQ ~~,~p.,n ~ . ~~ ~~.~ , V •A ~ IS 3 Tn-~c~r n^u.~~~~ - C~`c~CC, 'mac . Lc~~ ~~~ oMc+n~ O~ fie, .prt,Y ~c~.d by -~ f~r~hu~ L t t ~YC~ I+~C~ 0 ~ 1~\ ~C~\ ~V`J~ \C''C.. 1 r Board Meeting dates during retirement month: ~) ~~~~ ~~ , ~3 Plans to attend board meeting on 2) date. Would like to attend a board meeting at a later date. Date requested is: Does not plan to attend a board meeting. Please mail resolution. Human Resources Signature ~r~~ ~[ ~~1a3 Date ~~~ ~Br d Holton -New Public Information Officer ~ ~ Page 1 From: Elmer Hodge To: Roanoke County Employees Date: 10/8/03 3:15PM Subject: New Public Information Officer I am pleased to announce that Teresa Hamilton Hall has joined the County staff as the new Public Information Officer. Teresa has 12-years experience in television news. The last nine years were spent at WDBJ Television in Roanoke where she worked as a reporter and weekend anchor. She is also an adjunct professor at Virginia Tech where she teaches public speaking and public relations courses. She grew up in the Blacksburg area and graduated from Virginia Tech in 1991 with a degree in Communication Studies. Shortly after graduation, she began work at WVVA Television in Bluefield, WV. She joined WDBJ in the fall of 1994, as the station's Danville bureau chief. Teresa also worked in WDBJ's Blacksburg newsroom before transferring to the station's Roanoke newsroom as weekend anchor. Teresa lives in the Glenvar area of Roanoke County with her husband, Shannon, and their five- month old son, Derrick She has a great combination of experience, talent, integrity, and love of community that will make her an excellent resource for the citizens of Roanoke County. She will be a tremendous asset to the County staff. Please join me in welcoming Teresa as part of our team. Elmer Hodge Roanoke County Administrator 540-772-2004 . ~ PRESS RELEASE FOR IMMEDIATE RELEASE: October 8, 2003 Contact: Elmer Hodge Roanoke County Administrator (540) 772-2004 Long- Time Television Anchor/Reporter Joins Roanoke County Staff (ROANOKE, VA) A familiar face to television viewers in southwest Virginia is combining her years in broadcast and teaching in a new role with Roanoke County. Teresa Hamilton Hall begins work today as the county's new Public Information Officer. Ms. Hall has 12-years experience in television news. The last nine years were spent at WDBJ Television in Roanoke where she worked as a reporter and weekend anchor. She is also an adjunct professor at Virginia Tech where she teaches public speaking and public relations courses. "This is an exciting time in my career. I have enjoyed working in television news and look forward to using those skills to promote the many positive things that are happening in Roanoke County," Hall said. County Administrator Elmer Hodge is equally excited about the opportunity to bring a former reporter with more than a decade of experience on board. "Teresa has a great combination of experience, talent, integrity, and love of community that will make her an excellent resource for the citizens of Roanoke County." Hall grew up in the Blacksburg area and graduated from Virginia Tech in 1991 with a degree in Communication Studies. Shortly after graduation, she began work at WWA Television in Bluefield, WV. She joined WDBJ in the fall of 1994, as the station's Danville bureau chief. Hall also worked in WDBJ's Blacksburg newsroom before transferring to the station's Roanoke newsroom as weekend anchor. Ms. Hall lives in the Glenvar area of Roanoke County with her husband, Shannon, and their five- month old son, Derrick. ' D nai e Childers - Re: Board Report for Highfields Private Park ~~ Page 1 From: Vickie Huffman To: Phillip Martin Date: 10/7/03 3:03PM Subject: Re: Board Report for Highfields Private Park There is some confusion over here about how to handle this. I took a copy of your draft report to Diane Childers so she would have something to work with, although there will be some revisions. Since this was not brought to the Agenda Team meeting by the Utility Dept., it is not currently on the agenda. Diane was not aware of it and presumably Elmer is not aware of it. The agenda is packed, and it sounds as though there may be a problem with adding anything at this point. I would suggest that if you want this to go, you and/or Gary need to coordinate with Elmer and Diane. Thanks, Vickie Vickie L. Huffman Sr. Asst. County Attorney 5204 Bernard Drive, S.W. Roanoke, VA 24018 540-772-2071 vhuffman@co.roanoke.va.us THIS COMMUNICATION AND INFORMATION IS SUBMITTED TO YOU WITHIN THE SCOPE OF THE ATTORNEY-CLIENT PRIVILEGE, AND AS SUCH, IS CONFIDENTIAL AND IS EXEMPT FROM DISCLOSURE UNDER THE PROVISIONS OF THE VIRGINIA FREEDOM OF INFORMATION ACT. »> Phillip Martin 10/07/03 02:14PM »> Vickie, Attached is the draft of the Board report for Highfields. Please send any comments back to me at your earliest convenience. Phil Phillip A. Martin, P.E., L.S. Utility Engineer Roanoke County Utility Department CC: Diane Childers; Gary Robertson; Paul Mahoney ~. _ .Diane. Childers -Highfields sewer project From: Gary Robertson To: Elmer Hodge Date: 10/7/03 3:19PM Subject: Highfields sewer project Page 1 I would greatly appreciate it if you could add this to the agenda for this meeting. Bob was supposed to mention it yesterday but it slipped his mind. I think he was in awe of the excitement that goes on at these meetings! We have spent the past two months trying to meet the requirements of the attorneys and negotiate with the 25 property owners of this one "insignificant piece of property". To meet the minimum legal requirements we had to give the owners until today to respond. Even if we include it for this agenda it will be the middle of November before we can get right of entry. If we have to postpone it we will be December getting right of entry. The contractor is ready to begin work on this section as soon as we get right of entry. We have reached agreement with all of the other property owners, including Mrs. Lambdon (the lady that is John McAden's mother in law). Thanks for your help and understanding. Gary CC: Diane Childers w From: Brenda Holton To: Phillip Martin Date: 9/15/03 4:28PM Subject: Re: Club Lane Sanitary Sewer Petition Project Phil, Thanks for letting me know about the above. I will put this request on the 9-23 agenda for first reading of ordinance. When you have the Board report, please email to me or Diane Childers. Brenda Brenda J. Holton Deputy Clerk Roanoke County Board of Supervisors Phone: (540) 772-2005 Fax: (540) 772-2193 bholton@co.roanoke.va.us »> Phillip Martin 09/15/03 03:11 PM »> Brenda, I believe that Gary had told you we would not be wanting this project on the agenda for the next board meeting. He Brenda Holton ,Club Lane Sanitary Sewer Petition Project _ Page_1 From: Phillip Martin To: Brenda Holton Date: 9/15/03 3:11 PM Subject: Club Lane Sanitary Sewer Petition Project Brenda, I believe that Gary had told you we would not be wanting this project on the agenda for the next board meeting. He was incorrect. We do wish to have the project on the agenda for the September 23rd meeting. I shall have you a board report by Wednesday afternoon. Thanks and let me know if you need anything else. Phil Phillip A. Martin, P.E., L.S. Utility Engineer Roanoke County Utility Department V ~~+t ~~~.~u ~ ~ G~1 September 5, 2003 REF: Club Lane Sewer Project Proposed Sewer Connection Fee Tax Map No.: Dear Mr. & Mrs.: We are pleased to inform you that we have received sufficient support for extending public sewer service to Club Lane and part of Valley Drive to petition the Roanoke County Board of Supervisors for approval. We plan to take this project to the Board at the September 23, 2003 meeting. We have also scheduled a public meeting for 7:00 P.M. at the Hidden Valley Middle School Lecture Hall. We encourage all interested parties to attend If you have any questions, please call me at 3 87-6104 to discuss the contents of this letter. Sincerely, Phillip A. Martin, P.E., L.S. Civil Engineer II cc: Elmer Hodge, County Administrator Board of Supervisors -Reading File 6 Sample Proclamation '~ 'ti ~ 1. ; ; It `~t ~.l ~s::k~;`:\~; ~~)~Sh:1;~I'I'f1:5 cl ~e QrbC'at"rtat101"1 NATIONAL ARTS AND HUMANITIES MONTH OCTOBER 2003 Page 1 of 1 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 nonprofit arts industry also strengthens our economy by generating $134 billion in economic activity annually and by supporting the full-time equivalent of 4.85 million jobs; Whereas, the United States Conference of Mayors passed unanimously in June 2003, 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 I/we [name and title of elected official/body/or organization] do hereby proclaim October as National Arts and Humanities Month in [name of community/state] and call upon our citizens to celebrate and promote the arts and culture in our nation and to specifically encourage the greater participation of children in educational programs and activities in the arts and humanities. Copyright ©2001 Americans for the Arts. All rights reserved. http://www.americansforthearts.org/global/print.asp?id=1005 10/2/2003 President Bush's Letter for National Arts and Humanities Month 2002 President Bush's Letter for National Arts and Humanities Month 2Q02 By:President George W. Bush x~a>111"ti:1d1'+ September 10, 2002 Page 1 of 1 I am pleased to join fellow Americans in observing October as National Arts and Humanities Month. The arts enhance our lives, stimulate our creativity, and allow us to express our emotions, thoughts, and aspirations through countless forms of artistic expression. Through the humanities we learn about ourselves, and about the important contributions of those who came before us. Across our country, people of all ages convey their values and their beliefs through artistic and intellectual works. These creative efforts communicate the ideas that shape lives. As we face the challenges of a new era, the arts and humanities will be vital to a future of innovation, opportunity, and hope. As tools for learning, the arts and humanities have a positive impact on our children's cognitive development, their confidence, and their motivation. During this month, I encourage all citizens to participate in activities that celebrate our rich artistic and intellectual heritage, and to learn more about the artists and scholars whose work continues to enrich our society, our Nation, and the world. Laura joins me in sending our best wishes. George W. Bush few ~~~- National Arts & Humanities Month Resources President Bush's Issues Support in 2001 of National Arts and Humanities Month White House Proclamation Copyright ©2001 Americans for the Arts. All rights reserved. http://www.artsusa.org/global/print.asp?id=1001 10/2/2003 Board of Supervisors VIRGINIA'S Work Session EXPLORE PARI: October 1~, 2003 Virginia's Explore Park '~ Semi-Annual Briefing The River Foundation, Virginia Recreational Facilities Authority, and Roanoke County Partners VIRGINIA'S EXPLORE River Fs~undatio3~ PA R It Private Fundraising, Capital Planning, & Strategic Plannin ~~ i EXPLORE PARK vRFA Rt~anoke operations, .COUitt~' ",° Legislative Operational & Support, & Program Strategic ' _ Support, & nni ng Strategic Planning 1 The River Foundation VIRGINIA'S EXPLORE River Foundation PARK ~~ Fundraising, Capital Planning, !~ Strategk PWnning EXPLORE { PARK .~~noke VRI'A" operations, County Legislative Support, & Operational of Strategic Program '1:"~ Support. & Planning Strategic Plannin~ ~~ Investments in kv~ 'VIRGINIA~3 Virginia's Explore Park EXPLORE Toni Brock, Yresitlent -The River FoundEttion PARK • The chart below shows the estimated level of support from public and private sectors from July 2, 1985 to Apri12003. Federal Investment $13,324,500 State Investment 16,410,288 Community Investment Local Governments $3,615,845 Private Sources $11,894,205 In-kind Gifts $1,000,000 Total Community Investment 16,510,050 Total Investment to Date $46,244,838 2 The River Foundation VIRGIN[A's TOlll BYOCIi, PYesideJtt EXPLORE PARK Recent Accomplishments ... Apri12000: Ground broken for the Blue Ridge Parkway Visitor Center that includes visitor information, gift shop, and exhibit galleries. :; The River Foundation ~VIRGINL4'S EXPLORE Blue Ridge Parkway Visitor Center P.4 R P May 2001: k.. Dedication of the Blue Ridge Parkway Visitor Center, marking the completion of a joint project between the National Park Service, Explore Park, and Roanoke County. 3 The River Foundation VIRGINL4'S EXPLORE Partnership Agreement PARR July 2001: Partnership Agreement signed between the Virginia Recreational Facilities Authority, The River Foundation, and Roanoke County providing the County additional programming opportunities. "Roanoke County will provide additional financial support and in-kind services, when possible. VRFA will continue to own and operate Park through original agreement with The River Foundation. " - The River Foundation VIRGINIA'S ~-+ EXPLORE Salem Turnpike ,~ ~5'~°1 PARK ~A G ~~ May 2002: Dedication of the Salem Turnpike. Underwritten by the City of Salem, this l.8-mile road around the historic area allows visitors to enjoy the park in chronolovical order. ~\ ' 4 The River Foundation VIRGINIA'S EXPLORE Totero Village PARK June 2002: Relocation and expansion of the Totero Village site. Design is based on post-hole mold `' patterns from similar sites in Buzzard Rock and Ellett Valley Native American settlements. 5 The River Foundation VIRGINIA'S EXPLQRE PA R x A brief history of capital developments... Sept 10,1991: Groundbreaking for the Hofauger House. Exploro Park's ~S:as! first historic reconstruction project Grand opening took place on June 4, 1992. Ju9y 2, 1994: Explore Park opens to the public. Other structures in place include Houtz Bam, Kemp's Ford School, replica Blacksmith Shop, Wray Bam, and various smaller stmc[ures. April 19,1998: Mountain Union Church dedication and opening. April 28,1998: Historic Brugh Tavern restaurant dedication and opening. May 4, 1998: The Roanoke River Parkway formally opens. May 6, 1998: The Arthur T aubman Welcome Center dedication and opening. June 14, 1998: The firs[ three miles of a 30-mile mountain bike trail network open. Today, 12 miles are completed including beginner to advanced loops. Aug. 24, 1999: Roanoke Explorer batteau dedicated at a public ceremony. Apri126, 2000: Ground broken for Blue Ridge Parkway Visitor Center. Dedicated on May 7, 2001. 'o ^ ',. - l=~- a .,=. May 17, 2002: Salem Tutnpike, 1.8-mile perimeter road around Explore Park, dedicated and opened. June 22, 2002: Expanded Native American area, Totero Village, dedicated. Sept 20, 2002: Dedication of Slone's Grist Mill. 6 Virginia Recreational i Fa~c/+ilities Authority VIRGINIA'S LllCt1"C l flll~lyllCt/1~ Cl1ClZl~lltCtil EXPLORE FA R ~ What iS the VRFA? Apolitical subdivision of the Commonwealth of Virginia `"~ created in 1986 to ... • Provide a high quality recreational attraction in the western part of the Commonwealth; • Expand the historical knoit~led~e of adults and children; • Promote toaarism and economic development in the Commonwealth; • Set aside and conserve scenic and natl+r-al areas along the Roanoke River and preserve open-space lands; and • Enhance and ert~and resenrch artd educational pro rr~rns. • Manage and operate Virginia's E.zplore Park. ~~~4~~~~ `~'-~~ (~ t~``~~~ ~Gt~~ ~~~ ~` Virginia Recreational Facilities Authority VIRGINIA'S V EXPLORE P q R I` Mission & Vision Conservation -Education -Recreation ~"~' The mission of Virginia's ~ l Etplore Park is to help each visitor rediscover the history of the land and the ---' people of western Virginia ~,~:' through experiences that - - ~~; reveal the past and illuminate the future. 7 Virginia Recreational Facilities Authority VIRGINIA'S EXPLORE PARK Explore Park's operational priorities ... ' Educational programming ,. - Historical preservation Environmental conservation Recreational opportunities - ~ ~t5n -~,sh~ bin` -_ ~~ ~,1a5 ~accc~ - - . ~. Virginia Recreational VIRGINIA'S Facilities Authority EXPLORE Where we are ... PARK • The Living History area provides afirst- ~,;k_,.~, class tourist destination, local attraction, and ''`" a classroom for thousands of children each year. • IVlodern facilities provide rental venues for meetings, workshops, weddings, family reunions, and civic programs. • The 1JarthWISE environmental program provides regional storm water management educational programs for Roanoke County, Roanoke City, and Vinton. • The Blue Ridae Parkway Visitor Center serves as a regional information center for Roanoke Valley tourists. -~-- ~- ~: ~' g Virginia Recreational 'VIRGINIA'S Facilities AuthorltV ExPL~RE Where we are going ... PARK • Maintain the quality of the livinz; history program and existing facilities. r_ , { Focus on people in the park. • Improve access to existing outdoor recreational facilities. • Enhance education, recreation, and entertainment through ongoing capital development. • Partner with Roanoke County Parks, Recreation, & Tourism to develop the Explore Now initiative. Roanoke County VIRGINL4'S EXPLORE River Foundation PARTt Private Fundraising, Capital Planning, & epic Plan ' 1 ~ ~ ~ -ir`. 1 • ~ ~ 1 1 1 ~. .. ~. i ~_ ,, 9 EXPLORE NOW! yIRGINt.A'S Roanoke County Recreation and EXPLORE Explore Park staff are currently ... PARK ~~ • Creating a plan to provide more and improved access to the Roanoke River for fishing, canoeing, and kayaking; • Improving existing birding, hiking, and mountain biking trails; • Developing plans to create a playground and children's historic playhouse village; • Providing more picnic areas and shelters for public use; • Seeking funding to extend the hours of operation foLr public access. ~~ 5prn 1rj g~ 6Y.. • Sharing resources to create programs, events, and workshops for the public. • Increasing marketing and advertising to raise public awareness of programs and facilities; 1~~ -: // 5 A ~' EXPLORE NOW! ~VIRGINL4'S Current developments... EXPLORE PA RIt Roanoke County Recreation and Explore Park staff are currently ... • Installing CLASS software system to automate reservations and registrations; • Planning a regional Senior Citizens Festival for May 2004 in honor of Older American's Month; • Offering [ow-cost and free programming in the hospitality plaza area like the Bluegrass on the Lawn music series; • Finalizing the bid package for fabrication of the Visitor Center exhibits to advertise this fall, with construction beginning this winter; •Developing youth summer camp programs; •Providing Explore Park outreach programs at each Roanoke County After School for Kids site; n-•. ~- 10 /~B~ VIRGINIA'S EXPLORE PARK Hancock-Cartledge Education Center `'` amphitheatre, of which approximately $500,000 has been raised to begin this project. ~~~~"~= ~ I M ~~~1 ~" EXPLORE NOW! Torn T~rock, President The River Foundation The Future... 1 ~.,~-= Cn.m~~ ~~ ~uc~.~.l -~~ <<~ L '-~1u~t~.° i ~c.~l, ~C;z~~,rn5 EXPLORE NOW! VIRGINIA'S EXPLORE The Future... PARK . _ Frontier Fort, ~~` scheduled too en D" 4 P •± July 3, 2004, during ~ ~ the All American Birthday Bash- Explore Park's l0a" birthday celebration weekend. 11 ~,; VIRGINIA'S EXPLORE PARK We ask that you visit Virginia's Explore Park to experience the history, recreation, and natural resources of `vestern Virginia's premier attraction. An Invitation To You.. . 12 VIRGINIA'S EXPLORE PARK Milepost 115, Blue Ridge Parkway '~ _~_ .. Roanoke, Virginia VIRGINIA S EXPLORE PRESS ITT PARK For those who have ever wanted to ...Travel back in time. Dance a jig to a penny whistle tune. Learn the ways of America's first people. Float down a lazy river. Climb on a rock hopper and catch some air. Savor the aroma of ahearth-cooked meal. Put [yet] another iron in the fire. Well, now they can at Virginia's Explore Park Visitors can immerse themselves in one of Virginia's most exciting parks for a day of outdoor fun for everyone! Compelling living history demonstrations by skilled and historically attired interpreters will captivate and inspire them. They can experience first hand the life of the 1671 Native American, the 1740 frontier settlers, and the evolution of an 1850s community in young America. The more active can enjoy a bevy of recreational venues, including mountain biking and hiking as well as fishing, canoeing, and kayaking in the Roanoke River. Virginia's Explore Park defines family fun and has become a favorite destination for those wishing to entertain, educate, and exercise the mind, body, and spirit. But that's not all. Virginia's Explore Park offers visitors and Roanoke Valley residents a place to meet and entertain friends, whether savoring the warm glow of a hearth fire and a delicious meal at the Historic Brugh Tavern or enjoying the more laid-back spirit of the Shenandoah Life Picnic Pavilion aside the Roanoke River. Corporations and civic groups regularly use the meeting space in the Arthur Taubman Welcome Center or Blue Ridge Parkway Visitor Center for retreats and Board meetings. Individuals and groups come to learn about primitive skills at the Park's many workshops. And the pleasant memories of a wedding at the quaint Mountain Union Church linger for years. After o@ 10 years of operation, Virginia's Explore Park has grown from an idea to a notable presence on the Blue Ridge Parkway and in Virginia. For more information, visit explorepark.org or call Penny Lloyd at (540) 427-1800 ext. 326, (800) 842-9163 ext. 326, or via e-mail her at plloyd@explorepark.org. REGIONAL HISTORY-THE GREAT WAGON ROAD It began as large herds of ice age animals such as mammoth, caribou, and bison along with the more common deer, elk, and bear, roamed across present-day Virginia in search of rivers, lakes, lush vegetation, and salt licks. With the routine movements of the animals and their pursuit by the first Paleolithic Period peoples of the land, trails naturally began to develop across the region. As the climate warmed and the larger ice age game animals dwindled, these trails became important links to resources for the still migratory Archaic Period peoples. With the introduction of domesticated plants, life became more sedentary as people began to settle in one location for extended periods of time to tend to their new crops, most importantly corn. With new surpluses of food and less time devoted to constant movement, not only did populations of these Woodland Period peoples increase but also overall cultural complexity. The trails that had once been used to track large game were now being used to travel over great expanses for the purposes of trade, idea exchange, and occasional warfare. By the early 1700s, Philadelphia was a chief port and many Europeans fleeing religious oppression, famine, and poverty. Germanic and Scots-Irish people, settlers who had cut all ties and who had nothing to lose, bravely set out into the wilderness. The old Native trading routes became the main road for a trickle of humanity that became a mass European migration. Simple carts and two- wheeled carriages joined the massive Conestoga wagons used exclusively for freight. The Treaty of Lancaster officially designated a road to be built through the valley in July 174-4, thus setting the stage for the Great Wagon Road. By 1775, the road stretched 700 miles. According to historian Carl Bridenbaugh, "In the last sixteen years of the colonial era, southbound traffic along the Great Wagon Road was numbered in the tens of thousands. It was the most heavily traveled road in all America." Located in what is now the Ridge and Valley Region of Virginia, Big Lick, which became Roanoke in 1882, was an important crossroads along the Great Wagon Road. Here the road split. By taking a southern direction into Carolina and Georgia, the road became known as the Carolina Road. To the west into Tennessee, it became known as the Wilderness Road. Because of its prominence, Roanoke attracted its share of settlers. Today, Roanoke is the largest metropolitan area along another "Great Road," the Blue Ridge Parkway. Like the Great Wagon Road before it, the Blue Ridge Parkway is the most heavily traveled road in the National Park Service system, attracting millions of visitors each year. This is the story that visitors to Virginia's Explore Park will discover through displays, exhibits, and stories told by our historic interpreters. Page 2 heritage • recreation • nature • family fun GENERAL INFORMATION Mission: The mission of Virginia's Explore Park is to help each visitor rediscover the history of the land and the people of western Virginia through experiences that reveal the past and illuminate the future. Location: Milepost 115, Blue Ridge Parkway, Roanoke, Virginia Venues & Historic Areas include three sites with historically attired interpreters Activities: interpreting life of the 1671 Native American, 1740 frontier settler, and 1850 community dweller in western Virginia • Hospitality Plaza featuring park admissions and orientation at the Arthur Taubman Welcome Center, Blue Ridge Parkway information and visitor services at the Blue Ridge Parkway Visitor Center, and Brugh Tavern restaurant, which is open for lunch during the season • Special events • Recreation, including hiking, mountain, fishing, canoeing, and kayaking • Meeting and event facility rentals • Weddings and receptions • Outdoor picnic sites perfect for company events or family reunions Hours of The Historic Areas and Arthur Taubman Welcome Center are open Wednesday Operation: through Saturday from 10 a.m. to 5 p.m. and on Sunday from noon to 5 p.m. from the first Wednesday in May through the last Sunday in October as well as on weekends in April. The Blue Ridge Parkway Visitor Center is open from 9 a.m. to 5 p.m. weekends in April and starting daily from May through October. In 2004, recreational hours of operation will be increased. Admission: General admission (12-59) is $8.00, seniors (60+) $6.00, children (3-11) $4.50. Tots two and under free. Group rates available, call (540) 427-1800 ext. 333 for more information. Admission prices to special events may vary; please see descriptions for more details. Unless noted, special event pricing includes admission to the Historic Areas. Governance: Virginia's Explore Park is a unique public-private partnership between The River Foundation, anot-for-profit foundation, and the Virginia Recreational Facilities Authority, which is managed by a 13-member board of directors appointed by the governor. Miscellaneous: Explore Park is comprised of 1,100 acres. Eight hundred acres designated as natural areas will not be developed. • Golf cart assistance is available for people with disabilities who are unable to walk through the Historic Areas. There is no charge for this service. • Memberships are available for a year of special events, history, and recreation. There are a number of membership options available. For more information, please visit explorepark.org or call (540) 427-1800 ext. 327. Page 3 heritage • recreation • nature • family fun Volunteers are always welcome at Virginia's Explore Park. For information on volunteer opportunities, call (540) 427-1800 ext. 321. Smoking, alcoholic beverages, and firearms are not permitted. Pets are not permitted in the Historic Areas. Fenced kennels are provided for pets free of charge. Leashed pets may be exercised near the Welcome Center parking lot. Mailing Post Office Box 8508, Roanoke, VA 24014-0508 Address: Shipping 3900 Rutrough Road, Roanoke, VA 24014 (no U.S. Mail) Address: Telephone: (540) 427-1800 or (800) 842-9163 Fax: (540) 427-1880 Web Site: explorepark.org Contact: Penny Lloyd at (540) 427-1800 ext. 326 or plloyd(u~explorepark.org Page 4 heritage • recreation • nature • family fun IMPORTANT DATES July 2, 1985: The River Foundation, anon-profit 501(c)(3), incorporates to develop Virginia's Explore Park. July 1,1987: The General Assembly creates the Virginia Recreational Facilities Authority as a political subdivision of the Commonwealth of Virginia to own and operate Virginia's Explore Park. July 1,1988: The General Assembly appropriates $6 million to the Virginia Recreational Facilities Authority to purchase land necessary to develop Virginia's Explore Park. Sept 10,1991: First groundbreaking ceremony for construction of the 1837 Hofauger House, located in the 19~' century area. July 2,1994: Virginia's Explore Park opens to the public. Apri128,1998: The historic Brugh Tavern restaurant dedication and opening. May 4,1998: The Roanoke River Parkway, Virginia's Explore Park's direct link to the Blue Ridge Parkway, formally opens to the public. May 6, 1998: Arthur Taubman Welcome Center is dedicated. June 14,1998: The first three miles of a 30-mile mountain bike trail network open. Apri120,1999: Virginia Recreational Facilities Authority enters into a Memorandum of Agreement with the National Park Service and Roanoke County to build an visitor center near the Arthur Taubman Welcome Center. Apri126, 2000: Construction begins on the Blue Ridge Parkway Visitor Center, a 9,600-square-foot building designed to chronicle the history of the Blue Ridge Parkway and highlight the communities along its 469-mile corridor. Dedication of the building is held on May 7, 2001. July 24, 2001: Cooperation agreement signed with Roanoke County. As agreed, Roanoke County will provide financial support and some in-kind services; in exchange, the Foundation and Authority will allow Roanoke County to conduct additional programming at Virginia's Explore Park. May 17, 2002: Salem Turnpike, 1.8-mile perimeter road around Historic Areas, dedicated and opened. June 22, 2002: Expanded Native American area, Totero Village, dedicated at public ceremony by L. Running Wolfe Pagans. Design is based on post-hole mold patterns from similar sites in nearby Buzzard Rock and Ellett Valley Native American settlements. September 20, 2002: Dedication of Slone's Grist Mill. This four-year restoration has entailed replication of many 19`'' century mill components, including a new waterwheel and elevated sluice box. Page 5 heritage • recreation • nature • family fun 1 HOSPITALITY PLAZA Visitors to Virginia's Explore Park enter by way of the Hospitality Plaza, a collection of buildings at the entrance to Virginia's Explore Park. Here, they may gain admission to Virginia's Explore Park, get traveler information, shop, enjoy the exhibits at the Blue Ridge Parkway Visitor Center, or eat lunch at the Brugh Tavern. The gateway to Virginia's Explore Park, the Arthur Taubman Welcome Center was dedicated May 6, 1998. The Welcome Center honors business pioneer and humanitarian Arthur Taubman and was a gift to Virginia's Explore Park by the Taubman family. Taubman was the founder of Advance Auto Parts and is credited with saving the lives of hundreds of Jews trying to escape Vichy France by signing immigrant papers claiming kinship. Here, visitors will learn more about Virginia's Explore Park and gain admission. The Welcome Center is open Wednesday through Saturday from 10 a.m. to 5 p.m. and on Sunday from noon to 5 p.m. and weekends in April. Dedicated on May 7, 2001, the Blue Ridge Parkway Visitor Center is the gateway to the Roanoke Valley and the Blue Ridge Parkway. A joint venture between the National Park Service, the County of Roanoke, and Virginia's Explore Park, the Visitor Center is the only center named for the 469-mile Blue Ridge Parkway. Future exhibits will interpret the history of the Blue Ridge Parkway as well as the development of the Roanoke Valley. Currently, the Visitor Center is host to various traveling exhibits. In addition to restrooms, vending machines, travel information, and exhibit galleries, the Visitor Center features a 100-seat theater complete with state-of--the-art audio-visual equipment and a gift shop. The Blue Ridge Parkway Visitor Center is open weekends in April and daily from 9 a.m. to 5 p.m. May through October. ~ a ~-~_ .,.~ . ~~ ~ ~¢~_,- General travel information, vending services, and exhibit galleries can be found at the Visitor Center. The Roanoke Trading Company gift shop is located in the Visitor Center and is open 10 a.m. to 5 p.m. Monday through Saturday and from noon to 5 p.m. on Sunday. Gifts, books, foods, crafts, and unique items made by Virginia's Explore Park's interpreters are for sale. Page 6 heritage • recreation • nature • family fun Park orientation and admissions take place at the Arthur Taubman lYlelcome Center. Originally located in Botetourt County, Virginia, the Mountain Union Church is a beautiful example of Greek Revival architecture. Built circa 1880, the last worship service was held in 1987. The church was reconstructed at Virginia's Explore Park from 1995 to 1997 and dedicated in 1998. Mountain Union Church is a unique location in which to hold a wedding or other special event. Although the Brugh Tavern was originally built as a private residence between 1780 and 1800, the home served as a tavern during the early decades of the 19~' century while under the ownership of Pennsylvania-born Daniel Brugh. The Brugh Tavern serves lunch on days Explore Park is open to the public. The Brugh Tavern is available for private functions and catering. For more information, call (540) 427-2440 or visit explorepark.org. ~' ~ z ~~ J ! _ '~ ~ .w.~~~ Mountain Union Church is the perfect site for intimate weddings or a public meeting. Page 7 heritage • recreation • nature • family fun 1 he 1~rcrgh 't'avern is open for lunch on the days Virginia's Explore Park is open. It is also available for private parties inside the Tavern and out. HISTORIC AREAS ~ ~" ~~ ~ ;y ~ ~ ti _ v t. ~s .r ~, ~~ d' i :. v-... w^^ : ViY ~'~.~t4f ~7t+'K. '(ti'. -gyn. yf..... ~ ~ Firemaking is one of many skills demonstrated in the Village. 1740:18` Century Frontier Settlement (replica) Welsh, German, and Scots-Irish immigrants began settling Big Lick, the community that would become Roanoke, by 1740. These European settlers moving to the Virginia frontier using the Great Warrior Path had to provide for their basic needs with their own hands and ingenuity. Before permanent homes could be built, temporary cabins had to be erected for shelter and gardens had to be planted for food. The settlers created everyday necessities; however, some imported goods came down the Warrior Path. The Treaty of Lancaster officially created the Great Wagon Road in July 1744. 1671:17`b Century Totero Village (replica) The Captain Thomas Batts and Robert Fallam expedition of 1671, commissioned by General Abraham Wood, marked the first contact between Europeans and the Siouan speaking people living in the Roanoke Valley. By following the Warrior Path, Batts and Fallam encountered several villages of allied bands. Virginia's Explore Park's accurately reproduced village replicates the culture and lifestyle of these woodland people who had disappeared by 1676. Hemp had many uses in the 7 century. Page 8 heritage • recreation • nature • family fun 1850:19' Century Valley Community Slone'.r Grist Mill was opened in 2002 after a complex restoration process by Explore staff. Blacksmith Shop (replica) Slone's Grist Mill (circa 1845) Samuel Slone built the grist mill that he willed to his son Esom between 1840 and 1850 on the south prong of the Pigg River in Franklin County, Virginia. Esom rebuilt the mill between 1880 and 1890. The grist mill passed out of the family during the Depression but continued to operate until the late 1940s. This four-year restoration has entailed replication of many 19~' century mill components, including a new waterwheel and elevated sluice box. By 1850, thousands had traveled the Great Wagon Road to settle the Appalachian region, yet road conditions remained deplorable and deteriorated the farther south one traveled. Wagons were in constant need of repair, and the skills of a blacksmith were in great demand along the Wagon Road. Providing the services of a modern day service station, the blacksmith kept the wagons rolling. ROANOKE EXPLORER Batteau (replica) The ROANOKE EXPLORER Batteau is a replica of a James River batteau, which was a flat-bottomed, low-sided cargo boat first used on the nearby James River. These long, narrow boats were introduced in 1771 and rapidly became popular on the rivers of the region. In fact, batteaux were used on some area rivers up until the late 19~' century. Most batteau operators were African American, either enslaved or free, who played a vital role in local development during this period. Page 9 heritage • recreation • nature • family fun ,.._m- ~.-n ....~. Batteaux could transport up to 70 tons ofgoods. Pig iron sear commonly hauled on Virginia's rivers. Kemp's Ford School (circa 1860) Originally located on the Blackwater River in Franklin County, Virginia, this one-room school was built around 1860. Children of the time only attended school when not needed on the family farm. The school graduated its last class in 1935, and remains a popular stop for children today. ,.-~ ~. ,. <y" ~ "R..R K:t4 ~ . N .w < .,~. i~ `' ,. , ~g ~ ~. t ~' ~ ~ a.n '1 ~ t ' ,.= 19`h Century medical practices 2vere often barba Virginia & Tennessee Railroad Construction Camp Hospital (replica) This makeshift medical site portrays a tent hospital that accompanies a railroad construction crew in the field, ca. 1850. Railroading was, and still is, an injury-prone occupation. Sending an injured or sick worker back to the railhead several days away was not practical. It was preferable that some sort of medical facility travel with the construction crew to provide immediate attention as needed. All the medicine "practiced" on site is appropriate to the time period. Houtz Barn (circa 1800) This German double-crib bank barn represents a highly specialized form of architecture. The Houtz Barn served the needs of the Houtz family's large-scale commercial farming operation on Mason's Creek near present day Salem, Virginia. Barns of this type may still be seen in Pennsylvania and throughout the Shenandoah Valley. Hofauger Farmstead (circa 1837) Samuel and Elizabeth Hays Hofauger raised four children in this home that was originally located on Colonial Avenue in Roanoke County, Virginia.. Behind the house is an heirloom garden where a variety of period vegetables and herbs are grown. Two of the outbuildings are original to the farm: the corncrib to the rear of the house and the storehouse to the side. Page 10 heritage • recreation • nature • family fun Visitors can enjoy domestic skills demonstrations and an heirloom garden at the pastoral ~ 837 Hofauger House. Wray Barn (circa 1850) This barn was originally built by the Wray family of Franklin County, Virg nia, and was used to house livestock and animal feed. Today, the barn is home to the Park's pilgrim geese and Dominique chickens. These minor breeds, as well as Ossabaw Island pigs and Hog Island sheep, were prevalent in the 19`'' century and central to the economy of the family farm. Page 11 heritage • recreation • nature • family fun RECREATION Virginia's Explore Park features 12 miles of well- maintained mountain bike trails built to International Mountain Biking Standards (IMBA) by a volunteer trail building crew. Bike trail maps are available in the Arthur Taubman Welcome Center. The fee fox non-members is $3. Members are free. An honor box is located at the trailhead to pay fees as well. Six miles of nature trails enhance a visitor's enjoyment of Virginia's Explore Park. Visitors may hike from 10 a.m. to 5 p.m. Wednesday through Saturday and from noon to 5 p.m. on Sunday, May through October and weekends in April. Because the walking trails wind through the Historic Areas, the fee for non-members is $8. Members are free. The Society of American Foresters Trail, located behind the Brugh Tavern, is free to all visitors. During the Park's regular season, fishing is available Wednesday through Saturday from McKee's Ford (located at the Shenandoah Life Picnic Pavilion) from 10 a.m. to 4:30 p.m. and from noon to 5 p.m. on Sunday. Fishing is also available at The Point, which is located at the confluence of the Roanoke River and Back Creek at the end of Rutrough Road. Fishing is permitted from dawn to '/z hour before dusk at The Point. Non-motorized boats may be launched from the ramp at The Point. The fee for non-members is $3. Members are free. ~.~ ~~ ` ern } ~.sr ,~ ~ ~'- r„ ~ ~ 4 ,. IYt Ml. L ~ a ..«~:. p S .. ii v' ~u ~`,~TV'. r. ift~. ~ i. ~.l ~ '.~ `w'.r'~'~{AHr r ~~ ~ - .~..a. ,~' _, ~ _, ,. _ Fishing in the Koanoke Kiver corridor at Virginia's Explore Park is considered some of the best in the region. Canoeing and Kayaking Canoeing and kayaking are available at The Point, which is located at the end of Rutrough Road where Back Creek meets the Roanoke River. It is seven miles from Back Creek to the Hardy Bridge on Smith Mountain Lake. Boaters must check in at the Arthur Taubman Welcome Center. Hours are from 10 a.m. until 4:30 p.m. Wednesday through Saturday and from noon to 4:30 p.m. on Sunday, May through October, and weekends in April. The fee for non-members is $3. Members axe free. Page 12 heritage • recreation • nature • family fun Twelve miles of easy to d~icult mountain bike trails have become a favorite for bikers. EARTHWISE The EarthWISE Environmental Education program is designed to educate regional residents on an array of environmental topics relating to conservation of our natural resources. Specifically, a cooperative effort between Explore Park and several regional governments is currently underway to provide storm water outreach education in classrooms and businesses. In addition, citizens may participate in public forums, lectures, and workshops to learn about storm water and other related water quality and water quantity issues. These programs are all part of a regional effort to meet goals of the federally mandated NPDES (National Pollutant Discharge Elimination System) Phase II Storm water program. EarthWISE Summer Day Camps are another way for area youth to learn about Virginia's natural resources. Below are other ways in which Virginia's Explore Park is meeting its conservation mission: Natural Areas: Approximately 800 of the Park's 1,100 acres are in designated natural areas and will not be developed. GeoExchange: The Blue Ridge Parkway Visitor Center is heated and cooled by GeoExchange, an alternative to a traditional heating, ventilating and air conditioning (HVAC) system. The Environmental Protection Agency (EPA) calls geothermal exchange the most energy-efficient, environmentally clean, and cost-effective space conditioning systems available. Low Pressure Drip Wastewater System: The Arthur Taubman Welcome Center and the Brugh Tavern have systems that treat wastes to the Environmental Protection Agency's (EPA) water re-use standards. This means that the wastewater that will flow to forests will be clean to water the landscape without the clear cutting necessary for a conventional drain field system. Clear cutting is avoided because the clean wastewater is pumped to the forest through small diameter flexible tubes that easily bend around trees. The tubing has tiny emitters that discharge droplets of clean water below the soil surface and irrigate the forest. The systems remove 99% of the impurities for the Brugh Tavern and up to 98% for the Arthur Taubman Welcome Center. Hiking Trails and Butterfly Garden: There are six miles of hiking trails at Virginia's Explore Park. The Society of American Foresters trail is free to the public and shows an exhibit that explains the American Chestnut Reintroduction program. The Butterfly Garden was designed and planted to showcase the best nectar sources for the butterflies living at Explore Park, to offer larval food for the caterpillars of the same species, and to incorporate lesser known but useful components of Butterfly Garden design, such as fruit tables, basking sites, and puddle stations. Page 13 heritage • recreation • nature • family fun Save Our Streams Virginia's Explore Park's environment education staff trains citizens in the Save Our Streams method of water testing as well as the collection of data about streams and tributaries on the Roanoke River and in the Upper Roanoke River Watershed. Page 14 heritage • recreation • nature • family fun Virginia's Explore Park works with area governments and citi~enr on issues related to storm water management. EDUCATION ~, X -. ~ ,:~ ,~ 1` ..r On-Site Programs Virginia Department of Education Standards of Learning (SOL)-compliant educational programs are conducted on site from April through mid-November in the Historic Areas. During fiscal year 2003, 12,811 individuals from 30 school districts and 25 private or home schools participated in Explore Park's education programs. `~.'~~ C ~r{ .~.,- ~ 4 ~. ~ ~_ ~n - ~! ,~ ~.$` -a ~. ~; ~.~ F•~ ~a! ^ u ~ School children learn about education in the 19`h century their osvn classroom from E.~plore Park s teacher. Outreach Exciting and interactive programs are available Monday through Friday from mid- November through mid-March. Virginia's Explore Park interpreters visit classrooms to present in-depth and hands-on history and social sciences lessons. All Explore Park programs are Virginia Standards of Learning compliant. Programs are available for individual classes of up to 30 students each. To book an on-site or outreach program, call Amanda Archer at (540) 427-1800, ext. 333, or (800) 842-9163, ext. 333, or via e-mail at aarcher@explorepark.org. Non-School and Adult Programs Virginia's Explore Park offers a number of opportunities for adults and children to learn about history and nature through workshops on such topics as butterfly gardening and blacksmithing. In addition, Virginia's Explore Park hosts "Tales at the Tavern" for adult groups wishing to learn lessons in history and culture by historically attired interpreters over a light lunch at the Brugh Tavern. Page 15 heritage • recreation • nature • family fun - -- ~- Explore Park remains a school field trip favorite for thousands of children! v 2003 EVENT SCHEDULE (REM,aiNiNC) All Hallow's Eve-A Candlelight Colonial Dinner Friday, Oct 24, 6 p. Come one, come all to e es ~ sty e of ~a en ~ ty All Hallow's Eve, a candle ~ ht colonial ' t ~ ave ~ ter a e t b Ken Bloom. ~ Y Tickets are $65 per person. Seating is limited to the first 100 people, so make your reservations early. Sleepy Hollow Saturday, Oct 25 and Sunday, Oct 2G Enjoy Virginia's Explore Park at the most beautiful time of the year for our most popular family fun event. Shiver and shake to scary ghost stories. See Dr. Tooms, Madame Zenobia, and a colorful cast of characters. Enjoy special entertainment by Ken Bloom and the Legend of Sleepy Hollow by Theater at Lime Kiln. Watch the kids decorate pumpkins and build scarecrows. Win prizes! Regular admission rates and hours apply. Members free. If the spirit's willing, join us Saturday evening for the Sleepy Hollow Masquerade Ball from 7 p.m. to 10 p.m. General admission for ball is $6 (12+) and $3 for children. Two and under free. Members free. Holiday Traditions Saturday, Dec 6, 5 p.m. to 9 p.m. Whether caroling in the wintry evening air or joining in a Hanging of the Greens ceremony beside a crackling fire at the Hofauger House, Holiday Traditions promises to be very special. Celebrate the traditions brought to America long ago on a night to remember. Admission $4, children 2 and under free. Members free. Page 16 heritage • recreation • nature • family fun Lime Kiln Theater's Touring Players perform the popular Legend of Sleepy Hollow at Sleepy Hollow. 2004 EVENT SCHEDULE (reNrarive) Mar 19 Historic Dinner at Brugh Tavern (fundraising event) Apr 3 Park opens for 10`'' season April 3 & 4 Southwest Virginia. Film Festival-Student History Film Competition Apr 11 Easter Dinner at Brugh Tavern Apr 24 Spring Scout Knock About May 9 Mother's Day Theater in the Park Mother's Day Dinner at Brugh Tavern May 16 Music on the LawnBrugh Tavern Jun 20 Father's Day Hot Rods & Reels Father's Day Dinner at the Brugh Tavern July 2-4 Great American Birthday Bash Something Old, Something Nesv, Something Ked, lY/hite, and Blue! Birthday Party, Frontier Fort Opening, and Independence Day Celebration all in one memorable weekend! Aug 15 Music on the Lawn-Brugh Tavern Sep 4-6 Appalachian Folk Festival Sep 19 Music on the Lawn-Brugh Tavern Oct 17 Music on the Lawn-Brugh Tavern Oct 29 Historic Dinner at Brugh Tavern (fundraising event) Oct 30-31 Sleepy Hollow Dec 4 Holiday Traditions Page 17 heritage • recreation • nature • family fun EXHIBIT SCHEDULE (REMAINING; 2004 SCHEDULE HAS NOT BEEN RELEASED) Blue Ridge Gallery August to November 2 Michael McCurdy: Words into Images Exhibition features a selection of original wood engravings created for two books about man's relationship with the natural world. Ranging from a bold graphic style for one book about the High Sierra to a lighter, more delicate style for the other about a French peasant, these images are visually rich. This exhibition has been organized and funded by the Office of Statewide Partnerships of the Virginia Museum of Fine Arts. Valley Gallery September to November 2 Deathly Lyrics Deathly Lyrics ends the season on a nether worldly note. For centuries, real-life tragedies-especially deaths by accident or at the hands of another-have been memorialized in song. Creative Virginians have enriched that tradition with numerous ballads and poems about local events. The western portion of Virginia has been particularly fertile ground for both singers and composers of "story" songs. This tradition is highlighted in Deathly Lyrics, an exhibit from the Blue Ridge Institute and Museum in Ferrum. The exhibit combines vintage newspaper accounts, photographs, recordings, and oral histories to explore the backgrounds of these folksongs of death and destruction. Exhibits can be enjoyed for no charge at the Blue Ridge Parkway Visitor Center galleries. The Blue Ridge Parkway Visitor Center is open weekends in April, and seven days a week from May through November 2. Hours are from 9:00 a.m. to 5:00 p.m. For more information visit explorepark.org, or call (540) 427-1800 or (800) 842-9163 Page 18 heritage • recreation • nature • family fun r MEETINGS, WEDDINGS, RECEPTIONS, PRIVATE PARTIES, PICNICS & MORE Virginia's Explore Park offers a variety of meeting locations for board retreats, company and church picnics, concerts, lectures, family reunions, lunches, dinners, weddings, and receptions. Discounted group rates to the Historic Areas may be purchased for your group. ,i ~a t ,. The Arthur Taubman lYjelcome Center is a delightful site for a reception or social gathering. Mountain Union Church (see picture, p. 7) Arthur Taubman Welcome Center Five meeting rooms are available for rent in the Arthur Taubman Welcome Center. The Chestnut Ridge Room and Terrace is a beautiful site for receptions. The Blue Ridge Room is versatile space for lunches, dinners, receptions, or meetings. The Greenstone Ridge room is ideal space for a conference or board meeting for up to 24 people. The Roanoke River Room and the Back Creek Room are small breakout rooms that complement the Greenstone Ridge Room. Ideal for small, intimate weddings, the Mountain Union Church seats up to 90 people. Lectures and concerts may also be scheduled in this beautiful setting. Shenandoah Life Picnic Pavilion Located at a beautiful spot on the Roanoke River, the Shenandoah Life Picnic Pavilion is the best place in the Roanoke Valley for a company or church picnic or a family reunion. Groups may have the event catered by The Brugh Tavern or provide their own food for small private parties. Grills are available. Parties of up to 600 people may be scheduled at this site. The Shenandoah Life Picnic Pavilion on the banks of the Koanoke Kiver is the perfect spot for corporate picnics and family reunions Page 19 heritage • recreation • nature • family fun Brugh Tavern Private dining rooms may be reserved at this historic tavern. In addition, the Brugh Tavern staff will cater any meal function held at Virginia's Explore Park whether it is a reception in the Arthur Taubman Welcome Center or a picnic at the Shenandoah Life Picnic Pavilion. Boxed lunches are also available. Brugh Tavern is the exclusive caterer of Virginia's Explore Park. Page 20 heritage • recreation • nature • family fun The 1790.r Brugh Tavern has a charm all its ou~n! Roanoke First in E-government ROANOKE, VA -Reams and LaserFiche WebLink helped Roanoke become ranked as first in the nation for e-government, according to a study by the Center for Digital Government and Government Technology magazine. The study focused on how well city governments use information technology to deliver services to their citizens and to support vital government operations. According to Kathy Cox, Systems Development Administrator at Roanoke, "Reams and LaserFiche were instrumental in Roanoke being awarded this honor, and we have done a lot in a short period of time. The web portal (WebLink) has improved our efficiency, and has helped make us the best-of-the-breed for e-government nationwide." The "Digital Cities Survey" gave Roanoke high marks for the city's web site at www.roanokegov.com .Areas of note included the wide variety of municipal services that can be conducted online, the number of electronic forms available, the scope of public information on the site, and the ability for citizens to send online feedback to city officials. "We are pleased that Roanoke has been recognized for our e-government accomplishments," said City Manager Darlene Burcham. "We are excited about continuing to use technology to provide our citizens with convenient and timely access to city information and services." Roanoke earned the first-place spot in the 75,000 to 125,000 population range, topping such cities as Boulder, Colo., Cedar Rapids, Iowa, Costa Mesa, Calif., and Bellevue, Wash. for the honor. "Roanoke is committed to taking innovative approaches to the way we do business," said Joe Slone, the city's director of technology. "We know that our customers expect us to operate efficiently and provide them with modern services, and we want to exceed their expectations." More information about the Digital Cities Survey is available at www.centerdi_gitalgov___com.. ~ ~ ~ °'~~ ~~~ ? documEnt ~~Ili~l- ~ imaging Serving YOU With PROVEN Solutions Electronic Document Imaging is away to computerize documents so designated people in an organization can view them across a network. A worker at their desk can find and retrieve a document in a matter of seconds, whereas that same worker searching a paper archive can sometimes take days, or even weeks. Our clients no longer have to worry about records being destroyed, lost or misfiled because the digital images never leave the system. Imagine having all of your documents in a unified repository and never having to re-file them! Reams Document Imaging has been working with Virginia localities since 1976 and offers complete system integration of Document Imaging, COLD, Workflow, and Web-based solutions. On-staff are hardware engineers, programmers, Certified Network Engineers, and Certified Document Imaging Architects. To remain on the leading edge of document management trends, Reams participates in the Virginia Association of Government Archivists and Records Administrators (VAGARA) and the Association of Records Managers and Administrators (ARMA). With a Reams solution, you can start small and grow the system one user at a time, or seamlessly integrate an Enterprise Class Solution from the start, with an implementation that covers weeks, instead of months. Our solutions provide Low Administrative Overhead, Powerful Administrative Tools, Open n-tier Architecture, Sophisticated Disaster Recovery Tools, and much, Much More! Reams would like to offer our services and Document Imaging options. Please contact a 800-7057. Also, please visit the www.ReamsComputer.com. We look forwarc future. experience as you explore Systems Consultant at (888) Reams website at to working with you in the Newport News: (757) 873-0233 Reams Document Imaging / 1838 Canon Boulevard Toll Free: (888) 800-7057 Established 1976 Newport News, VA 23606