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HomeMy WebLinkAbout9/26/1995 - Adopted Board RecordsAT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 26, 1995 RESOLUTION 92695-1 EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY TO FREDERICK W. "BILLY" BOWER FOR OVER 24 YEARS OF SERVICE TO ROANOKE COUNTY WHEREAS, Frederick W. "Billy" Bower was first employed in September, 1970, with the Roanoke County Public Service Authority; and WHEREAS, Mr. Bower has also served as a Maintenance Mechanic, Motor Equipment Operator II, and Courier; and WHEREAS, Mr. Bower always went above and beyond his job requirements as a Courier to provide the highest quality of customer service; and WHEREAS, Mr. Bower volunteered to assist with the Commodity Distribution Program sponsored by the Department of Social Services; portrayed Roanoke County's Santa Claus during the 1992 Christmas season; and was nominated on numerous occasions to the Extra Mile Club; and WHEREAS, Mr. Bower, 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, Virginia, expresses its deepest appreciation and the appreciation of the citizens of Roanoke County to FREDERICK W. "BILLY" BOWER for over 24 years of capable, loyal and dedicated service to Roanoke County. FURTHER, the Board of Supervisors does express its best wishes for a happy, restful, and productive retirement. y On motion of Supervisor Kohinke to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None A COPY TESTE: Mary H. Allen, Clerk Roanoke County Board of Supervisors cc: File D. Keith Cook, Human Resources AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 26, 1995 RESOLUTION 92695-2 EXPRESSING APPROVAL AND SUPPORT OF THE VIRGINIA DEPARTMENT OF TRANSPORTATION'S PROJECT ROUTE 221, BENT MOUNTAIN ROAD. WHEREAS, the Virginia Department of Transportation held a public hearing on March 24 and 25, 1995 for the purposes of discussing the proposed corridors to State Route 221 project; and WHEREAS, the Board of Supervisors held a public hearing on September 12, 1995 for the purpose of receiving citizen comments on the proposed corridors; and WHEREAS, the Board of Supervisors does hereby approve and support the proposed improvements to State Route 221 but request the existing alignment to remain the general corridor for future improvements. NOW, THEREFORE, BE IT RESOLVED that a copy of this resolution duly attested be forthwith forwarded to the Virginia Department of Transportation Salem Residency Office by the Clerk to the Board of Supervisors. On motion of Supervisor Minnix to adopt the resolution and request that no additional corridors will be studied, and carried by the following recorded vote: AYES: Supervisors Johnson, Nickens, Minnix NAYS: Supervisors Kohinke, Eddy A COPY TESTE: Mary H. Allen, Clerk Roanoke County Board of Supervisors CC: File Arnold Covey, Director of Engineering & Inspections Virginia Department of Transportation A-92695-3 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: September 26, 1995 AGENDA ITEM: Debarment of Wayne Engineering Corporation from consideration for award of future contracts. COUNTY ADMINISTRATOR'S COMMENTS: /J I This action is to debar Wayne Engineering Corporation ("Wayne") from consideration for the award of future contracts, and in particular, contracts for the acquisition of "One -Arm Bandit" garbage trucks. This matter was originally scheduled for June 13, 1995, and was postposed to June 27, 1995, at the request of the attorney for Wayne Engineering. This matter was heard on June 27, 1995, and Wayne's attorney, Mr. William H. Fralin, Jr., addressed the Board with respect to Wayne's opposition to this debarment proceeding. The Board directed staff to meet with Wayne's representatives in an attempt to resolve this dispute. These negotiations have failed to achieve a satisfactory resolution to this dispute. Roanoke County had purchased 3 garbage trucks from Wayne Engineering Corporation in 1994, and funds for the purchase of another garbage truck are included in the proposed 1995-96 budget. The County has had numerous mechanical, warranty and environmental problems with these vehicles. Article III of Chapter 17, "Procurement" of the Roanoke County Code provides for the debarment of prospective contractors for cause by the Board of Supervisors, after consulting with the County Attorney, and after reasonable notice and reasonable opportunity to be heard. The grounds for debarment are the unsatisfactory performance of Wayne Engineering's vehicles, and the failure of Wayne Engineering Corporation. to reimburse the County for the damages caused by its defective equipment. These provisions in the County Code are authorized by Section 1 :p�- C-)-, 11-46.1 of the Code of Virginia. The debarment shall not be for a period of more than three (3) years. In accordance with the procedures in the County Code the County Attorney has provided Wayne Engineering Corporation with notice of this proposed debarment action and advised it of its opportunity to be heard on this matter. Section 17-106 of the County Code lists the causes or grounds for debarment. Staff is recommending debarment based upon the following provisions: (4) b. A recent record of failure to perform or of unsatisfactory performance in accordance with the terms of one or more contracts; provided that failure to perform or unsatisfactory performance caused by acts beyond the control of the contractor shall not be considered a basis for debarment. (5) Any other cause the board of supervisors determines to be so serious and compelling as to affect responsibility as a county contractor, ... The County is experiencing major stress damage ("cracks") in the frames of all three of the garbage trucks purchased from Wayne. All will require extensive repair work to reinforce the supporting frames of the truck bodies. All three vehicles have experienced problems with the roller operation of the trailer trays. The rollers have come out of alignment and bent the trays. All three units have experienced structural cracks in the grabber assemblies of the lifting unit. The two stage hydraulic pumps have been replaced at least once on each vehicle, and this pump has been replaced twice on one of the vehicles. The packing cylinders have had to be replaced on all three vehicles, and replaced twice on one vehicle. The hydraulic systems have been a recurring problem on all three vehicles, resulting in numerous blown hoses and hydraulic fluid spills. For example, on June 23, 1994, as a result of a defective connection design, a hydraulic line on one of the garbage trucks came loose and approximately 45 gallons of hydraulic fluid 2 ': 1) , '0'\, were released onto Greenway Drive. Over the summer the County worked with the affected citizens and property owners, hired Environmental Directions Inc. ("EDI") to assist the County in developing a remediation plan suitable to both the citizens and Virginia Department of Environmental Quality, and conducted remediation activities. The total cost of the clean-up activities was $43,011.67. Wayne was regularly apprised in writing (on June 29, July 20, and August 5) of the actions taken by the County during the summer, and copies of EDI's report was given to Wayne. Since the County had similar problems with the other garbage trucks purchased from Wayne, staff inquired of Wayne the cause and solution for this problem. Wayne's authorized representative for warranty repairs advised the County Garage that the pump manifold on the vehicles should be replaced with barbed fittings and to double clamp the hydraulic hoses to prevent future reoccurrences. This work was performed immediately the June 23, 1994 spill. On October 19, 1994 the County billed Wayne for its contribution to the reimbursement of these expenses. In January, 1995 Wayne replied that it "has no express or implied legal responsibility requiring us to burden any financial responsibility pertaining to this spill." The County Attorney is currently preparing appropriate legal pleadings to be filed in the near future to seek a judicial resolution of this dispute. Staff has tracked downtime for the Wayne vehicles since October, 1994. The downtime for all three Wayne vehicles has been significant, and if transport is included, two of the Wayne vehicles have been unavailable for use approximately 20% of the time. Apart from the merits of this future litigation, Wayne's refusal to stand behind its vehicles, and to share the burden of remediating the damages caused by its defective equipment is so serious and compelling that this debarment proceeding is justified. Its performance with respect to these vehicles is unsatisfactory. In April, 1995 Wayne entered into a "strategic alliance" to distribute its automated side -loader refuse collection vehicles with the Leach Company. The Leach Company has the exclusive right to distribute and service Wayne's vehicles in North America under the Leach name. These vehicles will continue to be developed and manufactured by Wayne. Therefore this debarment must include Wayne vehicles distributed by Leach. Since the June 27, 1995 hearing on this matter, the County has experienced additional structural design problems with these vehicles. In mid-August certain welds associated with the packing cylinder bracket failed resulting in damage to the front frame and 3 the packing cylinder. Carter Machinery Company, Inc. has provided the County with estimates to repair structural design problems of approximately $4800.00. This estimate does not include the repair/replacement cost for the packing cylinder. The repairs have been completed on all three vehicles, yet Wayne refuses to pay for any of these repair costs. The debarment of one of the manufacturers of automated side - loader refuse collection vehicles may limit the competitive opportunities for the County under the proposed competitive sealed bidding procedures for purchase of such vehicles in future fiscal years. The Board may take the following actions, after Wayne has had an opportunity to be heard: 1) Debar Wayne Engineering Corporation (and refuse collection vehicles developed, manufactured and serviced by Wayne Engineering Corporation but distributed by the Leach Company) from consideration for the award of future contracts from Roanoke County for a period of time not to exceed three (3) years; or, 2) Refuse to debar Wayne Engineering Corporation, and permit Wayne to bid if it so desires, in the future on County contracts. It is recommended that the Board debar Wayne Engineering Corporation, and refuse collection vehicles developed, manufactured and serviced by Wayne Engineering Corporation but distributed by the Leach Company, from consideration for the award of future contracts for a period of three (3) years from the date of this action. william Rana Director, General Services 4 • ��.c.c,� � yK,�.ai Elaine Carver Director, Procurement D'a Approved by, ,A Elmer C. Hodge County Administrator ---------------------------------------------------------------- ACTION VOTE Approved (x) Motion by: Bob L. Johnson to No Yes Abs Denied ( ) _debar Wayne Engineering Eddy X Received ( ) Kohinke X Referred ( ) Johnson X To ( ) Minnix X Nickens X CC: File Paul Mahoney, County Attorney William Rand, General Services Director Elaine Carver, Procurement Director 5 r A-92695-4 ACTION NO. ITEM NUMBER AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE. COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 26, 1995 AGENDA ITEM: Recriest to accept Family Preservation Act monies and make application for a grant to be administered by the Community Policy and Management Team COTIETY ADMINISTRATOR'S COMMENTS:_ BACKGROUND: In 1993 Congress passed and began implementation of a new federal family preservation and family support services program (FPA). The new legislation requires joint planning between the state and federal governments in the development and implementation of a five-year plan. The plan must provide family -centered, community-based social services to children and families. We must also prepare an initial application detailing the planning process to meet Roanoke County needs. This local plan will become part of a four year state plan describing the involvement of communities in the assessment of their family preservation and family support service needs. The Virginia Department of Social Services will administer this program. The County's Community Policy and Management Team (CPMT)is responsible for coordinating the community assessment process and the submission of the plan for the current fiscal year. CPMT will work with the Mental Health Association in performing the community needs assessment and submitting of the local plan. The plan must be submitted by January 1, 1996 so that the monies will be available for the second half of the federal fiscal year (April 1 through September 30, 1996). Each Virginia locality will receive at least $10,000. The initial amounts estimated for Roanoke County are $22,362 for FY1995-96; $33,645 for FY1996-97; $36,064 for FY1997-98; and $38,483 for FY1998-99. Of these monies, 75% represents the federal share, 150-. the state share and 10% a local share. We anticipate using other monies of the Comprehensive Services Act for the local match for 1995-96. We also received a $2,000 allocation to be used 1 as a part of the planning process, the development of our community needs assessment and filing our plan with the State. The County's CPMT anticipates that our plan will call for FPA monies to be earmarked for cases considered non -mandated by the Comprehensive Services Act but which meet FPA's program criteria. When using FPA monies, community-based services must be given priority over out of community placements. The use of these monies will be restricted to residents of Roanoke County or the Town of Vinton. FISCAL IMPACT• The CPMT requests that the Board of Supervisors accept the Family Preservation Act Grant allocation of $22,362 for the 1995-96 fiscal year and the $2,000 grant for the planning project. The local match will come from monies already designated for the Comprehensive Services Act and will require no new appropriation of monies for this project. ALTERNAT VES: 1. Accept the Family Preservation Act monies for $22,362 for FY1995-96 and $2,000 for the development of a community needs assessment and program plan. 2. Do not accept the Family Preservation Act monies. STAFF RECOMMENDATION: The CPMT recommends Alternative #1 to accept the Family Preservation Act monies as outlined above. Respectfully submitted, John M. Chambl ss, Jr. Assistant County Administrator Approved by, Elmer C. Hodge County Administrator ------------------- ACTION Approved (X) Motion by: Harry C. Nickens VOTE Denied ( Received ) to approve acceptance of funds Eddy No YXs Abs ( Referred ( ) and annly ) for grant Kohinke X To ( ) Johnson X Minnix X Nickens X CC: File John Betty Chambliss, McCrary, Assistant County Administrator Social Diane Hyatt, Finance Services Director Director ft ACTION NO. A-92695-5 ITEM NUMBER AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 26, 1995 AGENDA ITEM• Request to approve the plan for the Virginia Juvenile Community Crime Control Act to be submitted on behalf of Roanoke County for administration by the Community Policy and Management Team I COUNTY ADMINISTRATOR''SS /COMMENTS • ,y� 1 BACKGROUND: In the past Roanoke County has received approximately $237,000 annually in the form of block grants to assist with operating expenses at Youth Haven II. This money was supplemented by per diem rates established according to State guidelines. During 1994- 95 the per diem rate at Youth Haven II was $42.31. The 1995 Virginia General Assembly implemented the Virginia Juvenile Community Crime Control Act (VJCCCA). This act eliminated the block grant monies previously received by community-based, residential programs like Youth Haven II. The monies allocated under the VJCCCA formula are based upon juvenile arrest data as reported on the UCR reports compiled by the Virginia State Police. Under this methodology, Roanoke County would be eligible for $97,106 compared to the $237,000 previously received under the block grant method. The VJCCCA formula becomes effective January 1, 1996. During FY95-96, we will receive $118,960 representing one-half year of block grant monies earmarked for Youth Haven II. Also, because of a hold harmless provision, for the current fiscal year only, an additional $118,960 (instead of $48,553) will be given to the County to be administered in accordance with the guidelines of VJCCCA. VJCCCA guidelines cover youth under the jurisdiction of the County's Juvenile and Domestic Relations Court who were not previously covered under the Comprehensive Services Act. Some of 1 these youth may be eligible to participate in the Youth Haven II program. The Act requires that a plan for use of the VJCCCA monies be prepared by the locality, reviewed by the local Court Service Unit Director and Juvenile Judge and forwarded to the State Department of Youth and Family Services (DYFUS) by October 15, 1995 for approval. The Roanoke County CPMT recommends that the VJCCCA monies be used for the treatment of juveniles previously designated as non -mandated cases under the Comprehensive Services Act who are under the jurisdiction of the J & D Court. The CPMT also recommends that priority be placed for community-based services rather than out of community placements. Because of the reduction in block grant monies for Youth Haven II during the current fiscal year, it may become necessary to increase the per diem cost from $42.31 to $82.21 to recognize the loss of revenue. As a result of this change in funding, staff is currently evaluating the appropriateness of the treatment program of Youth Haven II as compared to other community service needs. A report will be brought back to the Board of Supervisors with the results of our findings. Because the State has not made a determination as to whether or not hold harmless provisions will be in force for the next fiscal year, it is difficult to project all of the financial implications at this time. VJCCCA reporting requirements require us to document the expenditures for the treatment of Roanoke County youth. Monies spent on group home type programs which have benefited youth other than Roanoke County youth cannot be claimed as meeting the service of the target population of this Act. Should all of the VJCCCA monies be applied to Youth Haven II, we will need to identify other funding sources to treat the male population and any other person not appropriate to Youth Haven II. Roanoke County is scheduled to receive $237,920 for FY1995-96. Of this amount, $118,960 represents the reduced block grant monies for Youth Haven II. The remaining $118,960 must be applied under VJCCCA guidelines. This Act will have an adverse impact to the operation of Youth Haven II in the form of increased per diem rates or the appropriation of new monies to replace lost block grant monies. I ALTERNATIVES• 1. Accept the $237,920 of VJCCCA monies utilizing $118,960 for the cost of operating Youth Haven II. The remaining $118,960 would be administered by the Roanoke County CPMT. The CPMT would limit each use to non -mandated cases that are under the jurisdiction of the Juvenile and Domestic Relations District Court for Roanoke County. This alternative will provide the greatest flexibility in meeting the needs of the youth of Roanoke County. 2. Accept the $237,920 of VJCCCA monies and apply all of said monies to Youth Haven II operations. This will allow the per diem rates at Youth Haven II to remain at the $42.31 level for all participants. Under this scenario, Roanoke County must provide other monies to cover the cost of services provided to the male population or for programs used other than Youth Haven II. Roanoke County will not be able to claim the expenses incurred for non -Roanoke County placements at Youth Haven II in the accountability of VJCCCA monies. This may jeopardize the funding amount in future years for Roanoke County. STAFF RECOMMENDATION• The Roanoke County CPMT recommends Alternative #1 as outlined above. Respectfully submitted, ih ohn M. Chambli s, Jr. Assistant County Administrator Approved (X) Denied ( ) Received ( ) Referred ( ) To ( ) Appr9ved by, Z�� Z Z Elmer C. Hodge County Administrator -------------------------------------------------- ACTION VOTE Motion by: Lee B. Eddy to No Yes Abs approve Alternative #1 Eddy X Kohinke X Johnson X Minnix X Nickens X CC: File John Chambliss, Assistant County Administrator Bev Waldo, Youth Haven II Director Diane Hyatt, Finance Director A-92695-6 ACTION NO. ITEM NUMBER C — 3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 26, 1995 AGENDA ITEM: Request to approve the grant for CORTRAN COUNTY ADMINISTRATOR ' S COMMENTS • SUMMARY OF INFORMATION: The Commonwealth of Virginia Department of Rail and Public Transportation has advised Roanoke County that the operating grant for the CORTRAN Red Line and Blue Line programs has been approved for the federal fiscal year beginning October 1, 1995. With this grant, Roanoke County contracts with Unified Human Services Transportation System, Inc. (RADAR) to operate the Red Line service which serves as a feeder system to Valley Metro. In April,1995, the Red Line route was implemented in North County and the additional grant monies are for a proposed Blue Line program to serve Southwest County. If the grant is accepted by Roanoke County, staff will work with RADAR to devise a route which has a rural beginning and interconnects to a Valley Metro point to improve the public transportation system to County residents. The staff of RADAR and Roanoke County are currently promoting the Red Line Service. We will also include a segment on this service during the October Roanoke County Today program. RADAR also provides the CORTRAN system for Roanoke County, which is a demand -based service for the elderly and disabled population of Roanoke County. Attachment A shows the ridership history of this service. FISCAL IMPACT• The cost of the CORTRAN system to Roanoke County for FY1995-96 is $68,406. 1 E -3 The Red Line Service, which would be funded by the above - referenced grant would cost $17,163 - federal; $9,346 - state; and $7,817 - local. Attachment B shows the utilization of the Red Line System from April through August, 1995. The proposed Blue Line Service would cost $26,805 - federal; $15,220 - state; and $8,584 - local. The routing, if approved, will be developed by RADAR and County staff. In the 1995-96 Roanoke County budget, $70,200 has been included for public transportation services. The Department of Rail and Public Transportation has indicated that this funding source for the grant should be stable for the next 18 to 24 months; however, they do not know the long-term impact of the federal dollars. ALTERNATIVES: 1. Accept the grant from the Commonwealth of Virginia Department of Rail and Public Transportation to continue operating CORTRAN for the elderly and disabled population for Roanoke County, the Red Line System in North County, and at an appropriate time institute the Blue Line Service for Southwest County. This would require an additional appropriation of $14,607 from the general fund unappropriated balance. 2. Accept the portion of the grant from the Commonwealth of Virginia Department of Rail and Public Transportation to continue operating the CORTRAN service for Roanoke County and the Red Line Service in North County. This alternative would require an additional appropriation of up to $6,023 for the period October 1, 1995 through September 30, 1996. 3. Do not accept the Department of Rail and Public Transportation grants and only continue the CORTRAN service to the elderly and disabled population on the same schedule as the service is currently being provided (Monday - Friday 9 a.m. - 4 p.m.). STAFF RECOMMENDATION• Staff recommends Alternative #2 which accepts the grant monies for the Red Line Program and continues the basic CORTRAN service to the residents of Roanoke County and appropriation of $6,023 from the fund balance of the General Fund of Roanoke County. 2 Respectfully submitted, ohn M. Chambli s, Jr. Assistant County Administrator Approv d by, Elmer C. Hodge County Administrator -3 ---------------------------------------------------------------- ACTION VOTE Approved (X) Motion by: Lee B. Eddy to No Yes Abs Denied ( ) approve Alternative #2 with Eddy X Received ( ) understanding that staff will Kohinke X Referred ( ) look at Blue Line route in SW Johnson X To ( ) County and report back in May Minnix X 96 with ridership data. Nickens X CC: File John Chambliss, Assistant County Administrator Diane Hyatt, Finance Director 3 EI -3 Attachment A CORTRAN COUNTY OF ROANOKE RIDERSHIP ONE-WAY TRIPS Month 1990-91 1991-92 1992-93 1993-94 1994-95 October 401 519 486 421 441 November 327 496 552 500 412 December 317 370 363 335 370 January 415 419 372 216 340 February 396 468 521 436 272 March 399 477 371 350 315 April 443 441 467 397 338 May 414 392 470 465 392 June 444 433 432 404 307 July 447 431 383 339 341 August 395 432 460 398 403 September 452 441 410 392 ANNUAL 4,850 5,319 5,287 4,653 3,931 -3 Attachment B RED LINE RIDERSHIP APRIL 1995 18 MAY 1995 55 JUNE 1995 28 JULY 1995 39 AUGUST 1995 44 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 26, 1995 RESOLUTION 92695-7 AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE COMMONWEALTH OF VIRGINIA, DEPARTMENT OF TRANSPORTATION, FOR THE DEVELOPMENT AND ADMINISTRATION OF THE HANGING ROCK BATTLEFIELD AND RAILWAY PRESERVATION ISTEA PROJECT, AND AN AGREEMENT WITH THE HANGING ROCK BATTLEFIELD AND RAILWAY PRESERVATION FOUNDATION AND THE CITY OF SALEM FOR THE ADMINISTRATION OF THE GRANT WITH RESPECT TO SAID PROJECT WHEREAS, the Hanging Rock Battlefield and Railway Preservation Foundation obtained approval of a competitive Intermodal Surface Transportation Efficiency Act (ISTEA) grant request in the amount of $549,300 from the Virginia Department of Transportation (VDOT) for its Hanging Rock Battlefield and Railway Preservation Project; and, WHEREAS, VDOT requires that a local governing body administer the grant; and, WHEREAS, Both the Foundation and the City of Salem have requested the County of Roanoke to administer this grant on their behalf. NOW THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, that: 1) That the County Administrator is hereby authorized to execute an agreement on behalf of the County of Roanoke with the Commonwealth of Virginia, Department of Transportation, on a form approved by the County Attorney, to administer an Intermodal Surface Transportation Efficiency Act (ISTEA) grant in the amount of $549,300 for the development of the Hanging Rock Battlefield and Railway Preservation Project. 2) That this project administration includes the assignment of a project coordinator, project record keeping, fiscal management and overview of preliminary engineering, right--of-way/property acquisition and construction in order to complete this project within two years. 3) The agreement provides that the County will expend these ISTEA grant funds in compliance with all federal and VDOT requirements or the County may be liable for all non -reimbursed expenditures or for all expenditures in excess of the approved grant. 4) That the County Administrator is hereby authorized to execute an agreement on behalf of the County of Roanoke between the County, the City of Salem and the Hanging Rock Battlefield and Railway Preservation Foundation for the administration and development of this ISTEA grant, all on a form approved by the County Attorney. 5) That the Director of Economic Development is hereby appointed as project coordinator for the administration of this grant project and these agreements. 6) That the Clerk to the Board of Supervisors is directed to forward an attested copy of this Resolution to the Clerk of the City of Salem and to the Hanging Rock Battlefield and Railway Preservation Foundation. On motion of Supervisor Kohinke to adopt the resolution and appoint Timothy Gubala as Project Coordinator, and carried by the following recorded vote: AYES: Supervisors Johnson, Y.-inke, Eddy, Nickens, Minnix NAYS: None A COPY TESTE: Mary H. Allen, Clerk Roanoke County Board of Supervisors CC: File Timothy Gubala, Economic Development Director Forest Jones, Salem City Clerk Hanging Rock Battlefield and Railway Preservation Foundation. 0 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 26, 1995 RESOLUTION 92695-8 STATING THE OPINION OF THE ROANOKE COUNTY BOARD OF SUPERVISORS REGARDING THE SEPTEMBER 1, 1995 REPORT OF THE RESEARCH AND ISSUES DEVELOPMENT COMMITTEE OF THE URBAN PARTNERSHIP WHEREAS, some of the larger units of local governments and the chambers of commerce in Virginia formed the Urban Partnership in 1994, for the purpose of building support for the restoration of Virginia's urban areas and to improve the economic competitiveness of its urban regions, and WHEREAS, the Roanoke County Board of Supervisors voted to become a full member of the Urban Partnership in June, 1995, and WHEREAS, the Research and Issues Development Committee of the Urban Partnership has prepared a report dated September 1, 1995, that includes recommendations for consideration by the Urban Partnership members and the General Assembly of Virginia, THEREFORE, BE IT RESOLVED as follows: 1. That the Board of Supervisors of Roanoke County, Virginia is in agreement with many of the concepts recommended in said report, and 2. That the Board of Supervisors strongly opposes the following recommendations in said report, and urges other members of the Urban Partnership to take a similar position in the interest of developing a consensus that can be submitted for consideration by the 1996 session of the Virginia General Assembly: a. Use of a local option sales tax to benefit localities that achieve a prescribed level of regional cooperation. b. Distribution of incentive funds to localities based upon the "disparity" formula of the Department of Education which uses the concentration and number of children who qualify for free lunch in each locality. Other distribution formulae should be developed. C. Emphasis on reducing disparity of average income between core cities and their suburbs. This appears to be a peripheral issue not directly related to the mission of the Urban Partnership. d. Including the extent to which projects promote "governmental integration" as a factor in the selection of eligible projects for incentive payments. "Governmental Integration" sounds like another term for consolidation. e. Giving the Commission on Local Government the power to "order" granting a City Class A status and setting conditions therefor if a city and county are not able to reach a voluntary agreement on a transition plan. f. Changing the requirements so that a referendum on consolidation will be determined by a majority of the combined voters, and 3. That copies of this resolution be transmitted immediately to the chief elected and appointed officials of each participating member government of the Urban Partnership and the Chair, Co -Chair and Executive Director thereof. On motion of Supervisor Nickens to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Eddy, Nickens, Minnix NAYS: Supervisor Johnson ABSTAIN: Supervisor Kohinke A COPY TESTE: Mary H. Allen, Clerk Roanoke County Board of Supervisors CC: File Mr. Neal J. Barber, Urban Partnership Robert C. Bob, City Manager, City of Richmond Charles F. Church, City Manager, City of Lynchburg Edwin Daley, City Manager, City of Winchester Anton S. Gardner, County Manager, County of Arlington A. Ray Griffin, Jr., City Manager, City of Danville Gary O'Connell, Acting City Manager, City of Charlottesville W. Robert Herbert, City Manager, City of Roanoke William J. Leidinger, County Executive, County of Fairfax Valerie A. Lemmie, City Manager, City of Petersburg Edgar E. Maroney, City Manager, City of Newport News Robert J. O'Neill, Jr., City Manager, City of Hampton James B. Oliver, Jr. City Manager, City of Norfolk Ronald W. Massie, Interim City Manager, City of Portsmouth Lane B. Ramsey, County Administrator, County of Chesterfield Earl B. Reynolds, Jr. City Manager, City of Martinsville James K. Spore, City Manager, City of Virginia Beach Clinton H. Strong, City Manager, City of Hopewell The Honorable F. Seward Anderson, Jr., Mayor, City of Danville The Honorable David A. Bowers, Mayor, City of Roanoke The Honorable Gary W. Chrisman, Mayor, City of Winchester The Honorable Rosalyn R. Dance, Mayor, City of Petersburg The Honorable James L. Eason, Mayor, City of Hampton The Honorable Paul D. Fraim, Mayor, City of Norfolk The Honorable Katherine K. Hanley, Chairman, Fairfax Board of Supervisors The Honorable J. L. McHale, III, Chairman, Chesterfield County Board of Supervisors The Honorable Meyera E. Oberndorf, Mayor, City of Virginia Beach The Honorable Robert R. Saunders, Jr., Mayor, City of Hopewell The Honorable David J. Toscano, Mayor, City of Charlottesville The Honorable Gloria O. Webb, Mayor, City of Portsmouth The Honorable Mary Margaret Whipple, Chairman, Arlington County Board of Supervisors The Honorable James S. Whitaker, Sr., Mayor, City of Lynchburg The Honorable Leonidas B. Young, Mayor, City of Richmond AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 26, 1995 ORDINANCE 92695-9 AUTHORIZING QUIT -CLAIM AND RELEASE OF WATER AND SANITARY SEWER EASEMENT WITHIN BOUNDARIES OF MONET DRIVE AND LOCATED BETWEEN LOT 1 OF THE GARDENS OF COTTON HILL, SECTION 1 AND TRACT 1 (TAX #96.02-1-45) PROPERTY OF STRAUSS CONSTRUCTION CORPORATION. WHEREAS, in order for Monet Drive to be accepted into the state secondary road system, the Virginia Department of Transportation (VDOT) requires that the right-of-way be free and clear of any third party rights or encumbrances; and, WHEREAS, VDOT has requested quit -claim and release of an existing water and sanitary sewer easement within the boundaries of Monet Drive and located between Lot 1 and the remaining portion of Tract 1 (Tax Map #96.02-1-45) Property of Strauss Construction Corporation, to the Commonwealth of Virginia, subject to certain conditions; and, WHEREAS, it will serve the interests of the public to have Monet Drive accepted into the state secondary road system and the release, subject to the issuance of a permit and other conditions, will not interfere with other public services and is acceptable to the Roanoke County Utility Department. THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That pursuant to the provisions of Section 18.04 of the Roanoke County Charter, the acquisition and disposition of real estate can be authorized only by ordinance. A first reading of this ordinance was held on September 12, 1995; and a second reading was held on September 26, 1995; and, 2. That pursuant to the provisions of Section 16.01 of the Charter of Roanoke County, the interests in real estate to be released are hereby made available for other public uses by conveyance to the Commonwealth of Virginia for acceptance of Monet Drive into the state secondary road system by the Virginia Department of Transportation (VDOT). 3. That quit -claim and release of the water and sanitary sewer easement within the boundaries of Monet Drive and located between Lot 1 of the Gardens of Cotton Hill, Section 1, and Tract 1 (Tax #96.02-1-45) Property of Strauss Construction Corporation, to the Commonwealth of Virginia, is hereby authorized subject to the following conditions: a. VDOT issuance of a permit for the water and sanitary sewer lines or facilities. b. The facilities located within the 60 -foot right-of- way, between Lot 1 of the Gardens of Cotton Hill, Section 1, and Tract 1 (Tax #96.02-1-45) Property of Strauss Construction Corporation, may continue to occupy the street or highway in the existing condition and location. C. The release would be for so long as the subject section of Monet Drive is used as part of the public street or highway system. 4. That the subject easement is not vacated hereby and shall revert to the County in the event of abandonment of the street or highway. 5. That the County Administrator is hereby authorized to execute such documents and take such further actions as may be necessary to accomplish this conveyance, all of which shall be on form approved by the County Attorney. 6. That this ordinance shall be effective on and from the date of its adoption. On motion of Supervisor Eddy to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None A COPY TESTE: Mary H. Allen, Clerk Roanoke County Board of Supervisors cc: File Arnold Covey, Engineering & Inspections Director Joseph Obenshain, Sr. Assistant County Attorney Gary Robertson, Utility Director Virginia Department of Transportation y AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 26, 1995 ORDINANCE 92695-10 DECLARING A PARCEL OF REAL ESTATE TO BE SURPLUS AND ACCEPTING AN OFFER FOR THE SALE OF SAME; NAMELY THE WHEELER WELL LOT BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That pursuant to the provisions of Section 16.01 of the Charter of Roanoke County, the subject property, having been made available for other public uses before permitting disposition by sale, is hereby declared to be surplus. 2. That an advertisement for bids for the sale of surplus real estate was advertised in the Roanoke Times & World News on April 9, 1995. 3. That pursuant to the provisions of Section 18.04 of the Charter of Roanoke County, a first reading of this ordinance was held on August 22, 1995; and a second reading was held on September 26, 1995, concerning the disposition of the following parcel of real estate identified as follows: Wheeler Well Lot Tax Map Parcel No. 87.11-3-28 4. That offers for said properties having been received, the offer of Lyndon R. Carr to purchase this property for the sum of $13,525 is hereby accepted. 5. That the purchase price for the property shall be paid upon delivery of a deed therefor and all proceeds from the sale of this real estate are to be paid into the capital improvements fund. 6. That the County Administrator is hereby authorized to 1 execute such documents and take such actions on behalf of Roanoke County as are necessary to accomplish the sale of said property, all of which shall be on form approved by the County Attorney. 7. That this ordinance shall be effective on and from the date of its adoption. On motion of Supervisor Minnix to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None A COPY TESTE: Mary H. Allen, Clerk Roanoke County Board of Supervisors cc: File Paul M. Mahoney, County Attorney John W. Birckhead, Director, Real Estate Assessment John Willey, Property Manager Gary Robertson, Utility Director P N AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 26, 1995 ORDINANCE 92695-11 DECLARING A PARCEL OF REAL ESTATE TO BE SURPLUS AND ACCEPTING AN OFFER FOR THE SALE OF SAME; NAMELY THE ALGOMA PARK WELL LOT BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That pursuant to the provisions of Section 16.01 of the Charter of Roanoke County, the subject property, having been made available for other public uses before permitting disposition by sale, is hereby declared to be surplus. 2. That an advertisement for bids for the sale of surplus real estate was advertised in the Roanoke Times & World News on April 9, 1995. 3. That pursuant to the provisions of Section 18.04 of the Charter of Roanoke County, a first reading of this ordinance was held on May 9, 1995; and a second reading was held on September 26, 1995, concerning the disposition of the following parcel of real estate identified as follows: Algoma Park Well Lot Tax Map Parcel No. 87.06-2-22 4. That offers for said properties having been received, the offer of J. Larry Lyons to purchase this property for the sum of Sixteen Thousand Three Hundred ($16,300) Dollars is hereby accepted/rejected. 5. That the purchase price for the property shall be paid upon delivery of a deed therefor and all proceeds from the sale of this real estate are to be paid into the capital improvements fund. 1 That the Utility Department be reimbursed for the costs for the relocation of the existing water line from the proceeds of this transaction. 6. That the County Administrator is hereby authorized to execute such documents and take such actions on behalf of Roanoke County as are necessary to accomplish the sale of said property, all of which shall be on form approved by the County Attorney. 7. That this ordinance shall be effective on and from the date of its adoption. On motion of Supervisor Minnix to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None A COPY TESTE: Mary H. Allen, Clerk cc: File Roanoke County Board of Supervisors Paul M. Mahoney, County Attorney John W. Birckhead, Director, Real Estate Assessment John Willey, Property Manager Gary Robertson, Utility Director 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 26, 1995 RESOLUTION 92695-12 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM L - CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. that the certain section of the agenda of the Board of Supervisors for September 26, 1995 designated as Item L - Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 through 3, inclusive, as follows: 1. Confirmation of Committee Appointment to the Industrial Development Authority. 2. Approval of a Raffle Permit for the Virginia Junior Miss Scholarship Program. 3. Resolution in support of Catawba Hospital's application to operate a class E non -emergency patient Transport Van. 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 Kohinke to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None A COPY TESTE: JV Mary H.'Allen, Clerk Roanoke County Board of Supervisors cc: File Joseph Obenshain, Sr. Assistant County Attorney Commissioner of the Revenue A -92695-12.a ACTION NO. ITEM NUMBER L.. `/ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 26, 1995 AGENDA ITEM: Confirmation of Committee Appointments to the Industrial Development Authority COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The following nomination was made at the September 26, 1995 meeting. 1. Industrial Development Authority_ Supervisor Kohinke nominated Carole Brackman to serve a four year term which will expire September 26, 1999. RECOMMENDATION• It is recommended that this appointment be confirmed by the Board of Supervisors. Respectfully submitted, rn�-y� ird• Carl-c��.. Mary H. Allen, CMC Clerk to the Board Approved by, e/4- Elmer C. Hodge County Administrator ---------------------------------------------------------------- ACTION VOTE Approved (X) Motion by: Edward G. Kohinke No Yes Abs Denied ( ) to approve appointment Eddy X Received ( ) Kohinke X Referred ( ) _ Johnson X To ( ) Minnix X Nickens X CC: File Timothy Gubala, Economic Development Director Industrial Development Authority File A -92695-12.b ACTION NO. ITEM NUMBER 'L-- Z AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 26, 1995 AGENDA ITEM: Request for Approval of a Raffle Permit from the Virginia's Junior Miss Scholarship Program COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Virginia's Junior Miss Scholarship Program has requested a permit to hold raffles in Roanoke County on dates in November and December, 1995, as specified in the application. This application has been reviewed with the Commissioner of Revenue and he recommends that it be approved. The application is on file in the Clerk's Office. The organization has paid the $25.00 fee. STAFF RECOMMENDATION: It is recommended that the application for a Raffle Permit from Virginia's Junior Miss Scholarship Program be approved. SUBMITTED BY: Mary H. Allen Clerk to the Board APPROVED BY: Elmer C. Hodge County Administrator ------------------- ACTION VOTE Approved (X) Motion by: Edward G. Kohinke Denied ( ) to approve No Yes Abs Received ( ) Eddy X Referred ( ) Kohinke X To ( ) _ Johnson X Minnix X Nickens X cc: File Raffle & Permit File Commissioner of the Revenue RAFFLE PERMIT APPLICATION - z Application is hereby made for a raffle game permit. This application is made subject to all County and State laws, rules, ordinances, and regulations now in force, or that may be enacted hereafter and which are hereby agreed to by the undersigned applicant and officers of the organization and which shall be deemed a condition under which this permit is issued. Raffle games are strictly regulated by Title 18.2-340.1 et. sea. of the criminal statutes of the Virginia Code, and by Section 4-86 ett_ sea, of the Roanoke County Code. These laws authorize the County Board of Supervisors to conduct a reasonable investigation prior to granting a raffle permit. The Board has sixty days from the filing of an application to grant or deny the permit. The Board may deny, suspend, or revoke the permit of any organization found not to be in strict compliance with county and state law. Name of Organization Mailing Address City, State, Zip When was the organization founded? Purpose and Type of Organization Scj-io�c��S�,P pCDg�cin,� Has the organization been in existence in Roanoke County for five continuous years? YES_ NO Is the organization non-profit? YES ✓ NO Is the organization exempt under 5501(c)(3) of the Internal Revenue Code? YES_ NO Attach copy of IRS Tax Exemption Letter. (If applicable) Does your organization understand that any organization found in violation of the County Bingo and Raffle Ordinance or Section 18.2- 340.10 et. sea. of the Code of Virginia authorizing this permit is subject to having such permit revoked and any person, shareholder, agent, member or employee of such organization who violates the above referenced Codes may be guilty of a felony? 4e2s Does your organization understand that it must maintain and file complete records of receipts and disbursements pertaining to Raffle games and that: such records are subject to audit by the Commissioner of the Revenue?• y e_,,s COUNTY OF ROANOKE, VIRGINIA P.O. BOX 20409 COMMISSIONER OF THE REVENUE ROANOKE, VA 24018 1 Does your organization understand that it is a violation of law to enter into a contract with any person or firm, association, organization (other than another qualified organization pursuant to S 18.2-340.13 of the Code of Virginia), partnership, or corporation of any classification whatsoever, for the purpose of organizing, managing, or conducting Raffles ? 14" L- 2 DESCRIBE THE ARTICLES TO BE RAFFLED, VALUE OF SUCH ARTICLES: Article Description Fair Market Value ly �p �G gl�.A DATE OF RAFFLE [vec 6�t*nn;n9 Nov 3. 1995 �99Co If this application is for an ANNUAL RAFFLE PERMIT, list below all dates raffles will be held. Specific location where Raffle drawing is to be conducted? E NUJA o ke A Zgoli NOTE: This perm t shall be valid only for the above location. Any organization holding a permit to conduct bingo games or raffles shall use twelve and one-half percent (12.5%) of its gross receipts from all bingo games or raffles for those lawful religious, charitable, community or educational purposes for which the organization is specifically chartered or organized. (County Code S4-101) State specifically how the proceeds from Raffle(s) will be used. List in detail the planned or intended use of the proceeds. Use estimated amounts if necessary. COUNTY OF ROANOKE, VIRGINIA P.O. BOX 20409 CONEMSSIONER OF THE REVENUE ROANOKE, VA 24018 N Officers of the organisation: L- President: L o r-, b Q.r'A� Phone : O -5954-376S7 Address: 'lLA�C)ye-t-r-"W"S�(L oano��. A zcfoig Vice President: Address: -) q"1 Secretary: Address: �a Treasurer:--,,..— Address: reasurer:—,,..—Address: ') A "7 G,y Phone: 946 Phone: (240) 5$g- 376,,Y S_AAM k& VA 0 g o t i Member authorized to be responsible for Raffle operations: Name: V�!'1 1. L 0 r1ijIJ Home Address -)4-)D �Rp RNU�c Phone q2oj- D Bus Phone Member responsible for filing financial report required by the code if your organisation ceases to exist: Name: .s AM L Home Address Phone 9'n -3� CVS Bus Phone 3Q Does your organisation understand that it will be required to furnish a complete list of its membership upon the request of the Commissioner of the Revenue? Lje S Has your organization attached a check for the annual permit fee in the amount of $25.00 payable to the County of Roanoke? Ve t IF ALL QUESTIONS HAVE BEEN ANSWERED, PROCEED TO NOTARIZATION. COUNTY OF ROANOKE, VIRGINIA P.O. BOX 20409 COMMISSIONER OF THE REVENUE ROANOKE, VA 24018 3 NOTARIZATION THE FOLLOWING OATH MUST BE TAKEN BY ALL APPLICANTS: L_2 I hereby swear or affirm under the penalties of perjury as set forth in 518.2-434 of the Code of Virginia, that all of the above statements are true to the best of my knowledge, information, and beliefs. All questions have been answered. I further swear that I have read and understand the attached copies of sec. 18.2-340.1 et., seg. of the Code of Virginia and section 4-86 et. seg. of the Roanoke County Code. Subscribed and aa-/7.C4(Va -�Yo i'f, before me, this day of �in the County/O#�f- NOT VALID UNLESS COUNTERSIGNED , Virginia. :ommission expires: L -3 19C The above application, having been found in due form, is approved and issued to the applicant to have effect until December 31st of this calendar year. DateCobm1 Toner of t Revenue �f. The above application is not approved. Date Commissioner of the Revenue COUNTY OF ROANOKE, VIRGINIA P.O. BOX 20409 COMMISSIONER OF THE REVENUE ROANOKE, VA 24018 0 - _ rersen to Lon;:►e:..::. .. Liar: i•::Cc �• ' - . oti.� rte' ► ';1 r i'i15S ,C,,r�;;_'i�= .' w ! C!3piICn$ i'ii:i�it:C:: YI he Aim ..ted r5 Jv: O • . (kVA►� �'•,c� �%-C . 3I= a,yC'I � Feter Pe' tc: P. Box 42780'nota- `3 , c�.. '•• ,'ArOuilet Al. -0c Dear Si_-' or Madam: ' is in Y iY'C71T1 FE'dB= a-:. �-'=CCWe t$.`L. • •r-•-^�_z•��-ion exL-r:;,_ a recc rzed as � e - 'A e CC { Cr.- � � 1 � ^ ) O i } � :z' 11=r.. Z� •:•i.:.F`,.'3•v'?:1L:E'. ::d� 0�1 o� mon t �2:�r.�--,t =%�• • ti's:'.: ;;�« � �'�= ::'lk'.� d2.�: tir1 .^.J � a :.,. �Cq pZu'..:._ -e c s� cia j four=tet? or. •xit;u., ..:. m a.r .•� . :.Cruet509(a�(3�- an orgr✓�-at'_an de �...�.. Ct:.�Jl.? d5 ''='V �� � �? Z .r.�C'..�.Cfi Z�v G r f.�:-'. C•Jta � . Ccr i----i3ut:-ons to }C:. a; e t: _ �t r roretr�'- to wove is " } t::s r tt- ire_ by r-ta,: :. to The tax exero., s�o. a •- _,� •,���f�-e3 0- re•r�:•�e•_. in e£.Cect -and :ti' i by the Interna? A :r can3e :ted = dz: tt•.e e!'re•ct of method of operation =13t be repo to us so the ma*r coni �. h�-•;-a •;ur the cha..7ga o you: exe.-rt s`..atus. You must also name and address. Thank you for 7-�U cvore_*-3tian- S! ncerely yours, g•F. Van Meter f Exempt Organi.zatI cns SFeci2-1'5- Past-It" bland fax transmlttai me a 7671 10 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 26, 1995 RESOLUTION 92695-12.c SUPPORTING CATAWBA HOSPITAL'S APPLICATION TO OPERATE A CLASS E NON -EMERGENCY PATIENT TRANSPORT VAN WHEREAS, Catawba Hospital, a division of the Department of Mental Health, Mental Retardation and Substance Abuse Services, located in Roanoke County has filed an application with the Virginia Department of Emergency Services (DES) for permission to operate two Class E vehicles for the non -emergency transportation of wheelchair-bound patients from that hospital to local hospitals or health care provider locations, and WHEREAS, this Class E Non -Emergency Patient Transport Van will not be available for public use, and will not be part of the emergency services system for the Roanoke County area and will service patients at Catawba Hospital only, and WHEREAS, Roanoke County will continue to provide emergency medical service coverage for Catawba Hospital, and WHEREAS, DES requires a resolution of support from the Board Of Supervisors of Roanoke county prior to approval of such an application. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County endorses the application for an EMS Agency License for Catawba Hospital to use and operate a Class E Non - Emergency Patient Transport Van. On motion of Supervisor Kohinke to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None A COPY TESTE: Mary H. Allen, Clerk Roanoke County Board of Supervisors cc: File Joseph Obenshain, Sr. Assistant County Attorney AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 26, 1995 RESOLUTION 92695-13 CERTIFYING EXECUTIVE MEETING WAS HELD IN CONFORMITY WITH THE CODE OF VIRGINIA WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened an executive meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of The Virginia Freedom of Information Act; and WHEREAS, Section 2.1-344.1 of the Code of Virginia requires a certification by the Board of Supervisors of Roanoke County, Virginia, that such executive 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 executive meeting which this certification resolution applies, and 2. Only such public business matters as were identified in the motion convening the executive meeting were heard, discussed or considered by the Board of Supervisors of Roanoke County, Virginia. On motion of Supervisor Johnson to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None A COPY TESTE: Mary H. Alen, Clerk cc: File Roanoke County Board of Supervisors Executive Session File AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 26, 1995 RESOLUTION 92695-14 EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY TO RONALD S. EDWARDS FOR OVER 22 YEARS OF SERVICE TO ROANOKE COUNTY WHEREAS, Ronald S. Edwards was first employed in February, 1973, as a Firefighter with the Roanoke County Fire and Rescue Department; and WHEREAS, Mr. Edwards has also served as a Fire Captain, Fire and Rescue Planning Officer, and Technical Services Officer; and WHEREAS, Mr. Edwards was very instrumental as Project Manager in the implementation of the new 800 MHZ Radio System, which has improved the capabilities required in the areas of Public Safety; and WHEREAS, Mr. Edwards, in addition to his other duties, reviewed site plans in order to assure sufficient fire hydrant placements and access for fire and emergency equipment to provide quality service to new sites; and WHEREAS, Mr. Edwards, 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, Virginia, expresses its deepest appreciation and the appreciation of the citizens of Roanoke County to RONALD S. EDWARDS for over 22 years of capable, loyal and dedicated service to Roanoke County. FURTHER, the Board of Supervisors does express its best wishes for a happy, restful, and productive retirement. On motion of Supervisor Kohinke to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None A COPY TESTE: Mary H. Allen, Clerk Roanoke County Board of Supervisors cc: File D. Keith Cook, Human Resources Director r AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 26, 1995 A RESOLUTION 92695-15 AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF SALEM AND THE COUNTY OF ROANOKE RELOCATING THE BOUNDARY LINE BETWEEN SAID GOVERNMENTAL ENTITIES, AND AUTHORIZING THAT CERTAIN OTHER ACTIONS RELATING TO SUCH BOUNDARY LINE BE TAKEN AS PROVIDED BY LAW WHEREAS, pursuant to the provisions of Article 2, Chapter 24, Title 15.1, 1950 Code of Virginia, as amended, the governing bodies of the County of Roanoke and the City of Salem wish to petition the Court for approval to relocate portions of the boundary line between these two jurisdictions; and WHEREAS, the relocation of the boundary line of such governmental entities in the area proposed will permit more effective and efficient delivery of municipal services and promote the public health, safety, and welfare; and WHEREAS, the governing body of the City of Salem has adopted a measure reflecting its desire to relocate and change a portion of the boundary line between the City and County as requested by certain property owners within said areas; and WHEREAS, the City of Salem and the County of Roanoke have agreed to the boundary relocation by action of their respective governing bodies. WHEREAS, this action is being taken upon the request of Patrick S. and robin S. Pillis. THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, that: 1. The Chairman of the Board of Supervisors is hereby authorized to execute an agreement between the City of Salem and the County of Roanoke, on a form approved by the County Attorney, establishing a new boundary line at certain points between said jurisdictions, as more particularly shown on a plat prepared by T.P. Parker & Son, dated July 31, 1995, which is incorporated by reference herein (Exhibit 1). 2. The boundary line set forth in said agreement will be described by metes and bounds (Exhibit 2). 3. Notice of the proposed boundary line adjustment has been duly published as required by §15.1-1031.2 of the State Code. 4. Upon approval of the execution of the agreement between the governing bodies, the County Attorney is authorized to petition the Circuit Court of one of the affected jurisdictions to relocate the boundary line in accordance with the plats and the agreement. 5. Upon entry of an order by the Circuit Court establishing the new boundary line, a certified copy of such order will be forwarded to the Secretary of the Commonwealth. 6. The County Administrator and County Attorney are authorized to take, or cause to be taken, such other actions, and to execute other documents as may be required by law to effect the change in the boundary line as set forth herein. 7. The Clerk to the Board of Supervisors is directed to forward an attested copy of this resolution to the Clerk of the City of Salem. On motion of Supervisor Kohinke to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None A COPY TESTE: Mary H. Allen, Clerk Roanoke County Board of Supervisors cc: File Paul M. Mahoney, County Attorney John W. Birckhead, Director, Real Estate Assessment Randolph Smith, Salem City Manager AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 26, 1995 ORDINANCE 92695-16 GRANTING A SPECIAL USE PERMIT TO CAVE SPRING UNITED METHODIST CHURCH TO EXPAND AN EXISTING CHURCH TO INCREASE THE SANCTUARY AND CLASS ROOMS (TAX PARCELS 77.17- 5-20, CAVE SPRING MAGISTERIAL DISTRICT WHEREAS, the Cave Spring United Methodist Church has filed a petition to allow the expansion of an existing church to increase the sanctuary and class rooms, located at 4505 Hazel Drive, in the Cave Spring Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this matter on September 5, 1995; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first reading on this matter on August 22, 1995; the second reading and public hearing on this matter was held on September 26, 1995. NOW, THEREFORE BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the Board finds that the granting of a special use permit to allow the expansion of an existing church to increase the sanctuary and class rooms, located at 4505 Hazel Drive, in the Cave Spring Magisterial District is substantially in accord with the adopted 1985 Comprehensive Plan pursuant to the provisions of § 15.1-456 (b) of the 1950 Code of Virginia, as amended, and hereby grants a Special Use Permit to the Cave Spring United Methodist Church to allow said use, subject to the following condition: Ei (A) In accordance with Section 30-92-5(A)2, Petitioner will provide innovative landscaping or architectural design on the building site to achieve an equivalent screening or buffering effect. (B) Petitioner will construct a gate around the loop road to discourage trespassers. On motion of Supervisor Minnix to adopt the ordinance with condition (b) added, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None A COPY TESTE: Mary H. Allen, Clerk Roanoke County Board of Supervisors cc: File Terrance L. Harrington, Director, Planning & Zoning Arnold Covey, Director, Engineering & Inspections John W. Birckhead, Acting Director, Real Estate Assessment Paul M. Mahoney, County Attorney 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 26, 1995 ORDINANCE 92695-17 GRANTING A SPECIAL USE PERMIT TO HELENE MAAYER TO OPERATE A PRIVATE KENNEL LOCATED AT 5502 SOUTH ROSELAWN ROAD (TAX PARCEL 86.03-1-30.3), WINDSOR HILLS MAGISTERIAL DISTRICT WHEREAS, Helene Mawyer has filed a petition to allow the operation of a private kennel located at 5502 South Roselawn Road, in the Windsor Hills Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this matter on July 5, 1995; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first reading on this matter on August 22, 1995; the second reading and public hearing on this matter was held on September 26, 1995. NOW, THEREFORE BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the Board finds that the granting of a special use permit to allow the operation of a private kennel located at 5502 South Roselawn Road in the Windsor Hills Magisterial District is substantially in accord with the adopted 1985 Comprehensive Plan pursuant to the provisions of § 15.1-456 (b) of the 1950 Code of Virginia, as amended and hereby grants a Special Use Permit to Helene Mawyer to allow said use, subject to the following condi- tions: (A) There shall be a maximum of three dogs kept at the site, effective October 1, 1995. 1 (B) The dogs shall be controlled with a no -bark collar when outside and unattended. (C) This Special Use Permit will be reconsidered by the Planning Commission at its October 1996 public hearing. The Planning Commission shall evaluate the applicants compliance with conditions (A) and (B) and shall consult with the Roanoke County Police Department Community Services Officers regarding any current violations on the property. If the Planning Commission believes that the conditions (A) and (B) have been violated, and that the applicant has not successfully controlled the barking of the dogs on the property, then the Commission shall recommend to the Board of Supervisors that the Special Use Permit be revoked. On motion of Supervisor Eddy to adopt the ordinance with the language in condition (C) modified, and carried by the following recorded vote: AYES: Supervisors Johnson, Eddy, Nickens, Minnix NAYS: Supervisor Kohinke A COPY TESTE: Mary H. Allen, Clerk Roanoke County Board of Supervisors cc: File Terrance L. Harrington, Director, Planning & Zoning Arnold Covey, Director, Engineering & Inspections John W. Birckhead, Acting Director, Real Estate Assessment Paul M. Mahoney, County Attorney John Cease, Police Chief 2 r AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 26, 1995 ORDINANCE 92695-18 AMENDING AND REENACTING ORDINANCE 82592-12, THE ZONING ORDINANCE OF ROANOKE COUNTY, BY AMENDING THE FLOODPLAIN OVERLAY DISTRICT FOR ROANOKE COUNTY WHEREAS, the following text amendments have been mandated by the Federal Emergency Management Agency (FEMA) in order that Roanoke County maintain its eligibility in the National Flood Insurance Program; and WHEREAS, legal notice and advertisement has been provided as required by law. NOW THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia as follows: 1. That the following sections pertaining to the Floodplain Overlay District be amended and reenacted to read and provide as follows: FLOODPLAIN PROVISIONS OF THE ROANOKE COUNTY ZONING ORDINANCE ARTICLE II DEFINITIONS AND USE TYPES SEC. 30-28 DEFINITIONS FLOOD - A general and temporary inundation of normally dry land areas. FLOOD, ONE HUNDRED YEAR - A flood that, on the average, is likely to occur once every 100 years (i.e., that has a one percent chance of occurring each year, although the flood may 1 occur in any year) . SEC. 30-74 FO FLOODPLAIN OVERLAY DISTRICT Sec. 30-74-4 Delineation of Areas (A) The various floodplain areas shall include areas subject to inundation by waters of the 100 year flood. The primary basis for the delineation of these areas shall be the Flood Insurance Study for Roanoke County prepared by the Federal Emergency Management Agency, dated October 15,"' #1le:dC. These areas are more specifically defined "as f o l Lows 3. The Approximated Flood lain shall be that p ` f loo d 1 ain a .P .................... p as._. s�ic�w� oxo the f'�:c�c�� �nsur�r��� for which no detailed flood profiles or elevations are 2 Provide::�;�:�;...... a where the drainage area is:.:;;:::::::;:.;::.:::::..;;.r.::;:;.P:::.:;;;;::::.:;;;;::.::.:;:<.;:.;:.»::>::>:: g great'er...thari 10 o acreareas Ma s . be en the Fleed insuranee Rate Maj9--. Where the specific 100 -year flood elevation cannot be determined for this area using other sources of data such the U.S. Army Corps of Engineers, Floodplain Information Reports, U.S. Geological Survey Flood Prone Quadrangles, etc., then the applicant for the proposed use, development and/or activity shall determine this elevation in accordance with hydrologic and hydraulic engineering techniques. Hydrologic and hydraulic analyses shall be undertaken only by professional engineers or others of demonstrated qualifications, who shall certify that the technical methods used correctly reflect currently accepted technical concepts. Calculations for the design flood shall be related to existing land use and potential development under existing zoning. Studies, analyses, computations, etc., shall be submitted in sufficient detail to allow a thorough review by the Sec. 30-74-7 Floodplain Area Provisions, Generally >' The 1 evat Sen of the one hundred year f l oc>d 3 Sec. 30-74-12 Existing Structures in Floodplain Areas (A) A structure or use of a structure or premises which lawfully ____sting ;before the enactment of these provisions, but which is .... V.not....... n conformity with these provisions may be continued subject to the following conditions: 1. Existing structures and/or uses located in the Floodway shall not be expanded or enlarged (unless the effect of the proposed expansion or enlargement on flood heights is fully offset by accompanying improvements). 2. Any modification, alteration, repair, reconstruction, or improvement of any kind to a structure and/or use located in any floodplain area to an extent or amount of 50 percent or more of its market value, shall be undertaken only in full compliance with the Virginia Uniform Statewide Building Code. 2. That this ordinance shall be in full force and effect from and after its adoption. All ordinances or parts of ordinance in conflict with the provisions of this ordinance be, and the same hereby are, repealed. On motion of Supervisor Johnson to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None A COPY TESTE: Mary H. Allen, Clerk Roanoke County Board of Supervisors cc: File Terry Harrington, Planning and Zoning Director Skip Burkart, Commonwealth Attorney 0 Paul M. Mahoney, County Attorney Main Library John H. Cease, Police Chief Roanoke County Code Book Gerald S. Holt, Sheriff John M. Chambliss, Jr., Assistant County Administrator Don Myers, Assistant County Administrator Diane D. Hyatt, Director, Finance O. Arnold Covey, Director, Engineering & Inspections Terrance L. Harrington, Director, Planning & Zoning Gary Robertson, Director, Utility 5