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HomeMy WebLinkAbout5/28/1996 - Adopted Board RecordsAT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MAY 28, 1996 RESOLUTION 052896-1 APPROVING THE FISCAL YEAR 1996-97 BUDGET FOR THE COUNTY SCHOOL BOARD FOR ROANOKE COUNTY, VIRGINIA WHEREAS, Section 22.1-93 of the 1950 Code of Virginia, as amended, provides that the governing body of the County shall prepare and approve an annual budget for educational purposes; and WHEREAS, said budget shall be prepared and approved for informative and fiscal planning purposes only. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia: 1. That there is hereby approved the annual budget for Fiscal Year 1996-97 for the educational purposes of the County School Board for Roanoke County, Virginia, as follows: 2. That the preparation and approval of this budget is for informative and fiscal planning purposes only. On motion of Supervisor Nickens to adopt the resolution, and carried by the following recorded vote: 1 Budget FY 1995-96 Budget FY 1996-97 FUND School Operating Fund $ 76,103,239 $ 79,912,607 Cafeteria Fund 2,995,000 3,017,000 Grants Fund 1,652,032 1,498,253 Textbook Fund 777,283 814,526 Capital Fund 1,500,000 0 TOTAL $ 83,027,554 $ 85,242,386 2. That the preparation and approval of this budget is for informative and fiscal planning purposes only. On motion of Supervisor Nickens to adopt the resolution, and carried by the following recorded vote: 1 AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None A COPY TESTE: Mary H. Allen, CMC Clerk to the Board cc: File Dr. Deanna Gordon, School Superintendent Diane Hyatt, Finance Director Brent Robertson, Budget Director 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MAY 28, 1996 RESOLUTION 052896-2 RECOMMENDING LEGISLATIVE PROPOSALS TO THE VIRGINIA ASSOCIATION OF COUNTIES FOR THE 1997 SESSION OF THE VIRGINIA GENERAL ASSEMBLY WHEREAS the Board of Supervisors of Roanoke County, Virginia, has identified major legislative issues of state-wide concern to be considered by the 1997 session of the Virginia General Assembly; and WHEREAS, the Board has recommended these issues to its state- wide organization, the Virginia Association of Counties, for consideration in the adoption of its legislative program; and WHEREAS, the Board adopts this resolution as part of the Legislative Program of Roanoke County for the 1997 session of the Virginia General Assembly. NOW, THEREFORE, be it resolved by the Board of Supervisors of Roanoke County, Virginia, that the following legislative proposals are submitted to the Virginia Association of Counties for consideration in its 1997 Legislative Program. I. A. Education. Realizing that public education is the foundation of American democracy and the cornerstone of our future economic well being, the County urges the General Assembly to consider favorably the following actions. 1) The Constitution of the Commonwealth of Virginia should be amended to provide that elected school boards may be 1 r granted the authority and responsibility for taxation to support public education. 2) The General Assembly should enhance funding for public education, including increasing the funds available to the Literary Fund for local school capital construction or renovation projects. 3) Local school divisions should be authorized to establish opening dates for school. 4 ) Disparity funding should be based not only upon the number of students eligible for free or reduced fee lunches, but also upon the locality's local tax effort in support of education. Disparity funding should be based upon the composite index (which measures a locality's relative fiscal ability to provide its share of the cost of a local school system that meets the standards of quality) and the locality's local effort in support of that school system. B. Roanoke County supports legislation amending the heart/lung/cancer presumption statute for Workers' Compensation to restore balance to the rebuttal process. Compensability shall be determined by establishing whether work or non -work related risk factors (life-style choices such as smoking, poor nutritional habits, lack of exercise, or obesity, or non -work related stress and familial history) are more likely the primary cause of the medical condition. In addition, Roanoke County opposes any further expansion of this statute. C. Roanoke County supports legislation relieving local 2 governments of the responsibility of meeting recycling rates on all wastes collected by private haulers and diverted from waste disposal facilities identified to receive such wastes as set out in the local solid waste management plan. This legislation should also require that private haulers diverting such wastes be held accountable and responsible to meeting the same recycling rates and requirements as the local governments. Section 10.1-1411 imposes a 25%, recycling mandate on local governments. The 1995 session of the General Assembly adopted the Waste Hauler Displacement Bill which severely limited the ability of local governments to regulate the flow of waste. This proposal would relieve local governments of the responsibility of meeting this recycling mandate on all wastes collected by private haulers. It would also require that private haulers be subject to the same recycling mandates as local governments. D. Roanoke County supports additional new construction and maintenance funding for the Virginia Department of Transportation for secondary and primary roads. Additional funding for new construction projects will address critical transportation needs of all local governments. Additional maintenance funding shall be used for an expanded program to mow grass and weeds, and inspect and clean drainage pipes and culverts. E. Roanoke County supports allowing the disposal of land clearing vegetative debris (including tree stumps) in less expensive facilities in a manner not detrimental to the environment. This would require groundwater and methane gas Q monitoring, financial assurances from the owner/operator, and local governing body certification of compliance with all local ordinances. F. Roanoke County supports legislation amending Section 14.1-46.0:1 to increase the salary supplement for the Chairman of the Board of Supervisors from $1,800 to $2,500 per year. G. Roanoke County supports continued and increased funding for the Comprehensive Services Act, the Virginia Community Juvenile Crime Control Act, the Family Preservation Act, local police departments (HB 599 funding), and the Regional Competitiveness Act. H. Roanoke County opposes the provisions of H.B. 1513 (legislation carried over from the 1996 session) which would shift more of the costs of water and sewer facilities and operations from the homebuilders to the individual consumers. This legislation claims only to require "fair and reasonable" water and sewer connection fees, yet its practical effects are to shift costs and expenses to the existing utility customer, jeopardize new and existing revenue bond covenants, and impose a "one size fits all" mandate on local governments and water and sewer authorities. I. Roanoke County opposes any attempt to restrict or eliminate local sources of taxation, including personal property taxation and business and professional occupational licensing. J. Roanoke County supports authority to impose an additional one-half percent (Z%) local option sales tax. K. Roanoke County supports expanding local authority to create transportation districts, to impose local option motor 4 vehicle fuels taxes, and to expend these tax proceeds for local transportation improvements. II. That the Clerk to the Board of Supervisors is directed to send a certified copy of this resolution to the Virginia Association of Counties, members of the General Assembly representing the Roanoke Valley, and to the Town Council of the Town of Vinton, City Councils of the City of Salem and the City of Roanoke, and the Boards of Supervisors of the Counties of Bedford, Botetourt, Craig, Floyd, Franklin, and Montgomery counties. On substitute motion of Supervisor Nickens to adopt the resolution with Section K amended, and carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None A COPY TESTE: Mary H. Allen, CMC Clerk to the Board CC: Roanoke Valley General Assembly Legislators Virginia Association of Counties Mary Parker, Roanoke City Clerk Carolyn Ross, Vinton Town Clerk Forest Jones, Salem City Clerk Clerk, Bedford County Board of Supervisors Clerk, Botetourt County Board of Supervisors Clerk, Floyd County Board of Supervisors Clerk, Craig County Board of Supervisors Clerk, Montgomery County Board of Supervisors Clerk, Franklin County Board of Supervisors Paul M. Mahoney, County Attorney r-4 (; s AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, May 28, 1996 RESOLUTION 052896-3 APPROVING A FIVE-YEAR PERIOD TO FUND THE COST OF VIRGINIA RETIREMENT SYSTEM (VRS) COST OF LIVING ALLOWANCES WHEREAS, the Virginia General Assembly, the Governor, and the Board of Trustees of the Virginia Retirement System recognize the growing liability of all employers participating in the Virginia Retirement System as a result of the current practice of funding annual cost of living increases to retirees on a pay-as-you-go basis; and WHEREAS, the Virginia General Assembly, and the Governor have provided, in the budget for the 1996-98 biennium, funds to reach a level that would fully fund the cost of living increases over a five year period beginning in fiscal year 1998 for state employees and public school teachers; and WHEREAS, pursuant to their authority as set forth in Section 51.1-145 of the Code of Virginia, the board of Trustees of the Virginia Retirement System has agreed to allow political subdivisions the option of making contributions beginning in fiscal year 1998 that would either (1) begin to fully fund the cost of living increases for their employees immediately, or (2) to reach a level to fully fund the cost of living increases over a five year period. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia that it hereby elects to begin to contribute so as to reach a level to fully fund the cost of living increases over a five year period beginning on July 1, 1997. On motion of Supervisor Minnix to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None A COPY TESTE: Mary H. Allen, CMC Clerk to the Board cc: Resolution File Dr. Deanna Gordon, Roanoke County School Superintendent Brent Robertson, Budget Manager Diane Hyatt, Director of Finance A-052896-4 ACTION NO. ITEM NUMBER 'e7! AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: May 28, 1996 AGENDA ITEM: Optional Provision for Purchase of Prior Service Credit in the Virginia Retirement System COUNTY ADMINISTRATOR'S COMMENTS: Recommend approval. There is no fiscal impact to the 1996/97 budget. Funds will be included in the 1998/99 budget to cover the cost of $2,136 for school non -instructional staff and $9,026 for County staff. SUMMARY OF INFORMATION: The 1996 General Assembly passed legislation dealing with the Virginia Retirement System (VRS) which allows local governing bodies to "opt out" of provisions of the legislation by notifying VRS on or before July 1, 1996. House Bill 901 contains an "opt out" provision. This bill allows VRS members with at least 25 years of creditable service to purchase up to 36 months of service credit for prior military duty and/or service in the retirement system of another state at a cost of 5 % of their annual payroll for each year purchased. Past legislation allowed the purchase of prior service credit at a cost of 15% of annual payroll for each year purchased. Absent any subsequent election to opt out of the bill, this bill was effective as of April 5, 1996 for both the county and the school board. However, the legislation includes a one time, irrevocable opportunity for localities to rescind the benefits. If the county or the school board wishes to opt out of this benefit for any one of the employee groups, the attached Election Not to Provide Benefits form must be submitted to VRS by July 1, 1996. FISCAL IMPACT: There is no immediate fiscal impact since the 1996-98 contribution rates have already been set by VRS. The contribution rates for the 1998-2000 biennium will be impacted by this election. The school teacher group is part of a statewide employee pool whereby every school system pays the same retirement rate. Staff estimates the cost of providing this benefit for teachers to be $11,784 in m:\finance\common\board\5-28-96.vrs May 24, 1996 fiscal year 1998-99 based on rate projections from VRS. The rate will continue to be the same for all school systems regardless of whether each system is providing this benefit. Although Roanoke County Schools can opt out of this benefit, the future contribution rate will reflect the experience of other school systems who did not opt out. The projected cost in 1998-99 for the school nonprofessional group and county group are $2,136 and $9,026, respectively. Since these two employee groups are not pooled with other localities, the future contribution rates will be impacted only by county and school employee buy backs of service under this legislation. The School Board elected to approve the provision of this benefit for both the teacher and nonprofessional employee groups at their May 23, 1996 board meeting. STAFF RECOMMENDATION: Attached are the results of a phone survey regarding the intents of other localities and school systems. Staff recommends approving the provision of the purchase of service benefit for the county employee group. If the board concurs with this recommendation, no communication with VRS is required. Respectfully submitted, Appro by, )p ZICUXZJL (Z. &*e� &1�, Diane D. Hyatt Elmer C. Hodge Director of Finance County Administrator ---------------------------------------------------------------- Approved (x) Denied ( ) Received ( ) Referred ( ) To ( ) ACTION Motion by: Motion by H. Odell Minnix to approve provision cc: File Diane D. Hyatt, Director, Finance Joseph Sgroi, Director, Human Resources m:\finance\common\board\5-28-96.vrs May 24, 1996 VOTE No Yes Abs Eddy x Harrison x Johnson x Minnix x Nickens x E-� f ELECTION NOT TO PROVIDE BENEFITS As provided for in House Bill 901, passed by the General Assembly and approved by the Governor, the political subdivision/school board named below elects not to allow its employees who would otherwise qualify to purchase up to 36 months of service for retirement purposes for military and/or out of state service at the rate of 5 % of pay. We understand that this decision may be rescinded no later than July 1, 1996, but will be irrevocable thereafter. Name of Political Subdivision/School Division VRS Agency Code Number Signature of Administrative Head/Superintendent Date m:\finance\common\board\5-28-96.vrs May 21, 1996 Survey of Localities Options Chosen Under HB 901 )FIB 901 GENERAL GOVERNMENT: Counties: Bedford Opt -in Opt -out x Botetourt Still researching Chesterfield x Franklin x Loudon Cannot contact Prince William x Cities: Charlottesville Not in VRS Hampton x Lynchburg x Richmond Still researching Roanoke Not in VRS Salem x SUMMARY: HB 901 Opt -in 5 (allow buyback at 5%) Opt -out 2 Not in VRS 2 Undecided 3 Total 12 RB 901: Allows employees to buy service credit for prior military duty and/or service in the retirement system of another state for 5% of annual salary if employee has at least 25 years of VRS service. Localities can opt out of this provision for the teacher group or for the non-professional group or both. Survey of Localities Options Chosen Under HB 901 HB 901 Opt in for Teachers? Non-Prof? SCHOOL SYSTEMS: Counties: Bedford x x Botetourt x x Chesterfield x x Franklin x x Loudon x x Prince William x x Cities: Charlottesville x x Hampton x x Lynchburg x x Richmond x x Roanoke x x Salem x x SUMMARY: - HB 901 Opt -in 12 (allow buyback at 5%) Opt -out 0 Total 12 F --y HB 901: Allows employees to buy service credit for prior military duty and/or service in the retirement system of another state for 5% of annual salary if employee has at least 25 years of VRS service. Localities can opt out of this provision for the teacher group or for the non-professional group or both. A-052896-5 ACTION NO. �- ITEM NUMBER AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION TENTER ?TING DATE: May 28, 1996 'ITEM: Approval of Performance Agreement with the Industrial Development Authority of Roanoke County, Virginia, and ITT Night Vision `TISTRATOR'S COMMENTS: ,val. This incentive is a recognition of the expansion of an existing to the way we recognize companies that relocate. It is good for ITT .is. It maintains a business here and increases its tax base. These 4 ,ll be recovered over the next several years from the increased revenues. ,"amend option #3 under the Fiscal Impact for reimbursement of the ting water bill ECUTTVE SUMMARY: County staff has negotiated a Performance Agreement to promote and encourage economic development in Roanoke County through assistance C�estment and generating f the County's largest manufacturers for the purpose of retaining jobs, increasingompany 111 additional tax revenue. This Performance Agreement with the Industrial Development Authority (IDA) and ITT Night Vision accomplishes this goal. SUIVIlVIARY OF INFORMATION: ITT, one of the County's largest manufacturers, has approachedouAsha County for assistance ss s ante related to the expansion of their commercial products g industry program, staff and respected corporate citizen, and in ketoiag si with the Company'while maintaining certain job and negotiated a Performance Agreement investment level assurances through the County's fiscal year July 1, 1998 - June 30, 1999. This Performance Agreement provides for the appropriation of $100,000 to encourage growth in ITT's new commercial division. Asan existing company, ITT will increase its new less than $300,000 a year in County equipment and machinery retooling investment, generate no taxes and maintain existing employment levels. EZ In Phase I, July 1, 1996 -June 30, 1997, the County agrees not to pursue ITT for a utility related debt ($168,961.96), provided the Company maintains specific employment levels (an average of 50 jobs in the commercial division/an average of 625 total), investment levels ($1,000,000 a year in new machinery and tools and capital retooling, and $1,000,000 a year in research and development), and generates a total of $300,000 a year in taxes to Roanoke County. In Phase II, July 1, 1997 -June 30, 1998, the IDA would appropriate up to $100,000 in -hange for continued performance levels as outlined above. "his Performance Agreement provides for certain penalties if ITT fails to maintain -�e levels as outlined in the Agreement. kCT: ,r February 25,1992, the Board of Supervisors approved the installation of water lines fT area due to TCE contamination. The work was done by the County with the uiiuersEanding that the expense would be reimbursed from ITT. The County spent $168,961.96 more than we have currently recovered from ITT. This amount was never appropriated as an expenditure since it was anticipated to be fully reimbursed. An appropriation of $168,961.96 is needed to satisfy this debt. This appropriation can come from one of two areas: 1) General Fund Unappropriated Balance --This is the source of other Economic Development Incentives 2) Water Capital Fund --Some additional water customers were brought on the system as a result of the water line extension. However, this would use funds that could otherwise be used for future water line extensions or projects. 3) Future Property Taxes --An estimated $35,000 a year in property taxes will be paid by ITT as part of the performance agreement resulting in an estimated 5 - year payback. The $100,000 grant will be included in the 1997-98 budget. STAFF RECOMMENDATION: Staff recommends that the Board of Supervisors: 1. Authorize the County Administrator to execute the Performance Agreement by and between the Roanoke County Board of Supervisors, the Industrial Development Authority of Roanoke County, and ITT. E 2. Allow staff to write off $168,961.96 in debt owed to the County by ITT ass revenues Ilected within the next 5 years. Staff recommends funding this amount from future property reimburse the Water Capital Fund. Approve $100,000 grant to ITT for the fiscal year July 1, 1997 -June 30, 1998. The included in the 1997-98 budget. Rest, fully Submitted by: WceW.augh Elmer C. Hodge, Jr. Economic Development Specialist County Administrator cc: File Joyce W. Waugh, Economic Development Specialist Diane D. Hyatt, Director, Finance 3 ACTION VOTE Approved (x) Motion by: Motion by Bob L. No Yes Abs Denied ( ) Johnson to approve staff Eddy x Received ( ) recommendation Harrison x Referred ( ) Johnson x To ( ) Minnix x Nickens x cc: File Joyce W. Waugh, Economic Development Specialist Diane D. Hyatt, Director, Finance 3 If AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, MAY 28, 1996 ORDINANCE 052896-6 AUTHORIZING PROPERTY RENTAL AGREEMENT FOR PARCEL OF LAND ADJACENT TO THE ROANOKE COUNTY SERVICE CENTER IN CONNECTION WITH VDOT I-81 PROJECT WHEREAS, the Board of Supervisors of Roanoke County is the owner of a certain strip or parcel of land, which is part of the Roanoke County Service Center property, fronting approximately 200 feet on the west side of Kessler Mill Road (Route 630) and bounded on the west by the Norfolk and Southern Railroad property, and designated on the Roanoke County Land Records as Tax Map #36.03- 1-1.1; and, WHEREAS, Interstate 81 crosses over Kessler Mill Road at a location near said Roanoke County property; and, WHEREAS, the Virginia Department of Transportation (VDOT) has undertaken a project for replacement and improvement of the I-81 bridge over Kessler Mill Road and has contracted with Branch Highways, Inc., for the construction; and, WHEREAS, Branch Highways, Inc. ("the Contractor") requires use of said County property for parking purposes in connection with the bridge project, and requests authorization for such use by execution of a property rental agreement; and, WHEREAS, it will serve the public interest and will address certain public health and safety concerns for the County to authorize use of the parcel of land in connection with the state highway project; and, WHEREAS, Section 18.04 of the Roanoke County Charter directs that the acquisition or conveyance of an interest in real estate, including leases, shall be accomplished by ordinance; the first reading of this ordinance was held on May 14, 1996; and the second reading was held on May 28, 1996. THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the County Administrator is hereby authorized to execute a property rental agreement with Branch Highways, Inc., to grant use of the parcel or strip of land lying along State Route 630, bordered to the west by Norfolk & Southern Railroad property, beginning at the southern entrance to the County maintenance yard and running in a northerly direction 200 feet, more or less, for parking of vehicles and equipment (only) in connection with VDOT Project #0081-080-F09,C501,B601,B602, until completion of said project, estimated to be Spring 1997, but in any event shall terminate no later than December 31, 1997. 2. That the property rental shall be conditioned upon the following: a. There shall be no storage of fuel, combustible materials, or any hazardous waste materials permitted on the premises at any time. b. The premises shall be restored to its original state and condition, or the costs and expenses of restoration shall be paid for, by the Contractor prior to or upon vacating the property. C. The Contractor shall assume, and indemnify and hold Roanoke County harmless from, all liability and expenses, including attorneys' fees and court costs, for any injury, loss or damage to persons or property arising in any way out of use or occupancy of the premises. d. The Contractor shall agree to cooperate with the County in connection with construction and use of the Hanging Rock Battlefield Trail for joint use of the premises if necessary. E e. The Contractor shall not assign the rental agreement or sub -let the premises or any portion thereof. 3. That the County Administrator is authorized to execute the property rental agreement on behalf of the Board of Supervisors of the County of Roanoke and to execute such other documents and take such further actions as are necessary to accomplish these transactions, all of which shall be upon form and subject to the conditions approved by the County Attorney. 4. That this ordinance shall be, and hereby is, effective from the date of its adoption on May 28, 1996. On motion of Supervisor Eddy to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None A COPY TESTE: .JV Mary H. Allen, CMC Clerk to the Board cc: File John Willey, Property Manager Paul Mahoney, County Attorney William Rand, Director of General Services 3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MAY 28, 1996 ORDINANCE 052896-7 AMENDING SECTION 17-2, DEFINITIONS, AND ADDING A NEW SECTION, SECTION 17-22, USE OF VALUE ENGINEERING, OF ARTICLE I. IN GENERAL, OF CHAPTER 17, PROCUREMENT CODE OF THE ROANOKE COUNTY CODE TO PROVIDE FOR VALUE ENGINEERING BE IT ORDAINED by the Board of Supervisors of Roanoke County as follows: 1. That Section 17-2, Definitions, of the Roanoke County Code be amended as follows: * * * * Value Engineering: A systematic process of review and analysis of a capital project by a team of persons not originally involved in the project Such team which shall include BE' mamb professionals licensed in accordance with Chapter 4 of Title 54.1 of the Code of Virginia, may offer suggestions that would improve project quality and reduce total protect cost by combining or eliminating inefficient or expensive parts or steps in the original proposal or by totally redesigning the protect using different technologies, materials or methods. 2. That a new section, Section 17-22, be, and hereby is, adopted to read and provide as follows: Sec. 17-22. Use of Value Engineering. The purchasing agent shall ensure that value engineering is employed for any capital construction project costing more than two million hem dollars The waive the requirements of this section for any proposed capital construction project for compelling reasons. Any such waiver shall be in writing state the reasons for the waiver, and apply only to a single capital construction project. 3. That the provisions of this ordinance shall take effect 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 Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None A COPY TESTE: Mary H. Allen, CMC Clerk to the Board cc: File Elaine Carver, Procurement. Director Paul Mahoney, County Attorney Dr. Deanna Gordon, School Superintendent 2 cc: File Circuit Court G. O. Clemens, Judge Roy B. Willett, Judge Clifford R. Weckstein, Judge Diane McQ. Strickland, Judge Richard C. Pattisall, Judge Robert P. Doherty, Jr., Judge Steven A. McGraw, Clerk Juvenile Domestic Relations District Court Joseph M. Clarke, II, Judge Philip Trompeter, Judge John B. Ferguson, Judge Joseph P. Bounds, Judge Ruth P. Bates, Clerk Intake Counsellor General District Court John L. Apostolou, Judge George W. Harris, Judge William Broadhurst, Judge Vincent Lilley, Judge Julian H. Raney, Judge Theresa A. Childress, Clerk Skip Burkart, Commonwealth Attorney Paul M. Mahoney, County Attorney Magistrates Sherri Krantz/Betty Perry Main Library John H. Cease, Police Chief Roanoke Law Library, 315 Church Avenue, S.W., Rke 24016 Roanoke County Law Library Singleton Osterhoudt, Roanoke County Law Library Roanoke County Code Book Gerald S. Holt, Sheriff John M. Chambliss, Jr., Assistant County Administrator Diane D. Hyatt, Director, Finance O. Arnold Covey, Director, Engineering & Inspections Terrance L. Harrington, Director, Planning & Zoning Gary Robertson, Director, Utility Michael Lazzuri, Court Services Don C. Myers, Assistant County Administrator Thomas C. Fuqua, Chief, Fire & Rescue Bill Rand, Director, General Services Thomas S. Haislip, Director, Parks & Recreation Elaine Carver, Director, Procurement AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MAY 28, 1996 ORDINANCE 052896-8 AUTHORIZING CONVEYANCE OF AN EASEMENT TO STRAUSS CONSTRUCTION CORPORATION FOR SANITARY SEWER LINES EXTENDING ACROSS GREEN HILL PARR OWNED BY THE BOARD OF SUPERVISORS WHEREAS, Strauss Construction Corporation is planning to develop a parcel of land on the south side of Harborwood Road (Virginia Route No. 639) near Green Hill Park and has requested an easement for extension of underground sanitary sewer lines from the Roanoke River Interceptor across Green Hill Park owned by the Roanoke County Board of Supervisors to Harborwood Road at a point near the proposed development; and, WHEREAS, Strauss. Construction Corporation requires the easement in order to provide services to the future residences of the development and, upon completion of the project, compliance with all development standards, and acceptance by the Roanoke County Utility Department, the easement will be granted to the Board of Supervisors; and, WHEREAS, the lines to be installed will also serve Green Hill Park and will provide the County with substantial cost savings for the future installation of restroom and other facilities at the Park; and, WHEREAS, in addition to such savings, Strauss Construction Corporation has agreed to pay the sum of $1,000.00 as consideration for the purchase of said easement, and to install two sewer laterals to serve future facilities at Green Hill Park; and, WHEREAS, the proposed easement will serve the interests of the public and is necessary for the public health, safety, and welfare of citizens of the County of Roanoke. 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 May 14, 1996; and a second reading was held on May 28, 1996. 2. That pursuant to the provisions of Section 16.01 of the Charter of Roanoke County, the interest in real estate to be conveyed is hereby declared to be surplus, and is hereby made available for other future public uses by conveyance of an easement to Strauss Construction Corporation for the installation of sanitary sewer service and subsequent conveyance of the easement to the Board of Supervisors of Roanoke County. 3. That conveyance of an easement, twenty feet (20') in width, for sanitary sewer lines upon, over, under and across the property known as Green Hill Park, as shown upon that certain plat dated May 22, 1996, entitled 1120' SANITARY SEWER EASEMENT BEING GRANTED TO STRAUSS CONSTRUCTION CORPORATION BY THE COUNTY OF ROANOKE", prepared by Lumsden Associates, P.C., a copy of which is attached hereto and incorporated herein, subject to the following conditions: 2 (a) Strauss Construction Corporation agrees that the timing for installation of the sewer lines shall be coordinated with the staff of the Roanoke County Department of Parks and Recreation to prevent any interference with planned activities at Green Hill Park, and to accommodate use of the park, to the extent possible, during any phase of construction, reconstruction or maintenance of the easement. (b) Strauss Construction Corporation agrees to install two (2) sewer laterals, at the locations shown on the attached plat, to serve the future facilities at Green Hill Park. (c) Strauss Construction Corporation agrees to restore and repair any damage to the County's property which may be caused by the construction, operation, or maintenance of said easement until such time as the sewer facilities are accepted by Roanoke County and the easement is conveyed back to the County. 4. That the purchase price for the easement shall be the sum of One Thousand Dollars ($1,000.00), which 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 Youth Conservation Fund of the Parks and Recreation Department. 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 Harrison to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None 3 A COPY TESTE: Mary H. Allen, CMC Clerk to the Board cc: File Arnold Covey, Director, Engineering & Inspections Gary Robertson, Director, Utilities Paul Mahoney, County Attorney Pete Haislip, Director of Parks and Recreation Terry Harrington, Director of Planning & Zoning 4 'TAX #55.00-2-1 PROPERTY OF r JOHN W. HANCOCK, JR. INC. D.B. 858, PG. 353 O� z aVER \ A 1A1 .5 ,� 5 ROAM \ �N LLJ A EX. SAN. SEW. p MANHOLE �- EX. PAVED DRIVE 4 �EX. GRAVEL DRIVE \ 55.02-1-12 \�\ \ 3 PROPERTY OF \ ROANOKE COUNTY BOARD Z \ OF SUPERVISORS \ �, \\ D.B. 1215, PG. 1112 TAX #55.00-1-11 PROPERTY OF Q, U, DAVID P. HANCOCK & TAX #55.00-1-8 RACHEL K. HANCOCK PROPERTY OF D.B. 571, PG. 147 ROANOKE COUNTY BOARD \ TAX #55.00-1-10 OF SUPERVISORS PROPERTY OF D.B. 1215, PG. 1112 \\ TRUSTEES OF \ �� GREEN HILL CHURCH PROPOSED SAN. 2 OF THE BRETHREN EW. LATERAL S \\ D.B. 569, PG. 471 PROPOSED SAN. ' SEW. LATERALW 1 82.08'00 Q0 264.006�� 3p TAX #55.00-1-5 PROPERTY OF RICHARD C. KINZIE D.B. 501, PG. 1 LINES31*32 NOTE: 1. THIS PLAT IS FOR THE SOLE PURPOSE OF 1-2 CREATING 20' SANITARY SEWER EASEMENT AS 2-3 S SHOWN HEREON AND DOES NOT CONSTITUTE AN 34 ACTUAL BOUNDARY SURVEY. 45 PLAT SHOWING 20' SANITARY SEWER EASEMENT BEING GRANTED TO STRAUSS CONSTRUCTION CORPORATION BY THE COUNTY OF ROANOKE ACROSS TAX #55.00-1-12 SCALE: 1" = 300' DATE: 22 MAY, 1996 LUMSDEN ASSOCIATES, P.C. ENGINEERS -SURVEYORS -PLANNERS ROANOKE. VIRGINIA r'nkAkA uaa_nAP AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MAY 28, 1996 ORDINANCE 052896-9 AUTHORIZING CONVEYANCE OF AN EASEMENT TO APPALACHIAN POWER COMPANY FOR OVERHEAD ELECTRIC SERVICE ACROSS A PORTION OF PROPERTY OFF SUGAR LOAF MOUNTAIN ROAD OWNED BY THE BOARD OF SUPERVISORS TO SERVE THE WATER TANK FOR THE SOUTH COUNTY TRANSMISSION LINES PROJECT WHEREAS, the Roanoke County Utility Department is constructing a new water tank as part of the South County Transmission Lines Project on property owned by the Board of Supervisors of Roanoke County off Sugar Loaf Mountain Road, designated on the Roanoke County Land Records as Tax Map No. 76.01-1-27, in the Windsor Hills Magisterial District; and, WHEREAS, Appalachian Power Company (APCO) requires a right-of- way for an overhead line across the property to provide electric service for the water tank, as shown on APCO Drawing No. R-3175, dated February 22, 1996; and, WHEREAS, the proposed right-of-way will serve the interests of the public and is necessary for the public health, safety, and welfare of citizens of the County of Roanoke. NOW, 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 May 14, 1996; and a second reading was held on May 28, 1996; and 2. That pursuant to the provisions of Section 16.01 of the i Charter of Roanoke County, the interests in real estate to be conveyed are hereby declared to be surplus, and are hereby made available for other public uses by conveyance to Appalachian Power Company for the provision of electrical service to Roanoke County's South Transmission Line water tank; and 3. That donation of a right-of-way for an overhead transmission line or lines, and related improvements, across County property, to provide electric service for the water tank, as shown on APCO Drawing No. R-3175, dated February 22, 1996, to Appalachian Power Company is hereby authorized subject to the County reserving the right to use the easement area for access; and 4. That APCO's offer to purchase the easement for One Dollar ($1.00) is hereby accepted and the proceeds from the sale of the easement are to be allocated to the capital reserves of Roanoke County; and 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 approved as to form by the County Attorney; and 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 Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None A COPY TESTE: Mary H. Allen, CMC Clerk to the Board cc: File Arnold Covey, Director, Engineering, Development & Inspections (Certified Copy) Terry Harrington, Director, Planning & Zoning Paul M. Mahoney, County Attorney Gary Robertson, Utility Director N 1 c 1 1 0 1 �-n p EXISTING POLE \\ 299-17 �o �Z \ "PROPOSED POLE 299-7009 r EXISTING POLE 299-90 ���� cq 0 /� \\ PROPOSED LINE o \ EXISTING POLE \ 299-7006 \, \ EXISTING POLE \ 299-92 WINDSOR HILL MAG. DISTRICT APPALACHIAN POWER COMPANY ROANOKE COUNTY, VIRGINIA ROANOKE VIRGINIA T.D. - 665000 MAP SECTION 3780-299 D3 PROPOSED RIGHT OF WAY ON PROPERTY OF THE BOARD OF SUPERVISORS OF 0 50 100 200 ROANOKE COUNTY DRAWN BY : R.V.M. DATE: 02-22-96 APP. BY : M.J.M. SCALE: AS SHOWN SHEET 1 OF 1 DRAWING NO. R-3175 e-. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MAY 28, 1996 ORDINANCE 052896-10 AUTHORIZING CONVEYANCE OF AN EASEMENT TO APPALACHIAN POWER COMPANY FOR OVERHEAD ELECTRIC SERVICE ACROSS A PORTION OF PROPERTY ON MERRIMAN ROAD OWNED BY THE BOARD OF SUPERVISORS WHEREAS, the Board of Supervisors of Roanoke County is the owner of property on Merriman Road, (a sewer pump station lot), designated on the Roanoke County Land Records as Tax Map No. 87.17- 5-6, in the Cave Spring Magisterial District; and, WHEREAS, in order to provide service to new County residences on Merriman Road, Appalachian Power Company (APCO) requires an easement for overhead facilities on County property; and, WHEREAS, the proposed overhead easement does not conflict with the use of the property. NOW, 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 May 14, 1996; and a second reading was held on May 28, 1996; and 2. That pursuant to the provisions of Section 16.01 of the Charter of Roanoke County, the interests in real estate to be conveyed are hereby declared to be surplus, and are hereby made available for other public uses by conveyance to Appalachian Power Company for the provision of electrical service to Roanoke County residences; and r 3. That APCO's offer to purchase the easement for One Dollar ($1.00) is hereby accepted and the proceeds from the sale of the easement are to be allocated to the capital reserves of Roanoke County; and 4. That the County Administrator is hereby authorized to convey an overhead electric line easement, fifteen feet (151) in width, as shown on APCO Drawing No. R-3180, dated February 22, 1996, across the County's property (Tax Map No. 87.17-5-6) unto Appalachian Power Company; and 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 approved as to form by the County Attorney; and 6. 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 Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None A COPY TESTE: Mary H. Allen, CMC Clerk to the Board cc: File Arnold Covey, Director, Engineering, Development & Inspections Terry Harrington, Director, Planning & Zoning Gary Robertson, Utility Director Paul M. Mahoney, County Attorney 0 25' 50' 100' I I I i CAVE SPRING MAG. DISTRICT ROANOKE COUNTY, VIRGINIA T.D. 665000 MAP SECTION 3780-348 C3 APPALACHIAN POw ANY ROANOKE VIRGINIA PROPOSED RIGHT OF WAY ON PROPERTY OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY DRAWN BY: R.V.M. DATE:02-22-96 APP. 8Y : M.J.M. I SCALE '. AS SHOWN SHEET 1 OF 1 DRAWING NO. R-3180. LN AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MAY 28, 1996 ORDINANCE 052896-11 AUTHORIZING CONVEYANCE OF AN EASEMENT TO APPALACHIAN POWER COMPANY FOR OVERHEAD ELECTRIC SERVICE ALONG MERRIMAN PARK PROPERTY OWNED BY THE BOARD OF SUPERVISORS WHEREAS, the Board of Supervisors of Roanoke County is the owner of property along Merriman Road (State Secondary Route 613) designated as Merriman Park, in the Cave Spring Magisterial District; and WHEREAS, Appalachian Power Company (APCO) requires a right-of- way for an overhead line along the property to upgrade their facilities and to provide service to the Merriman Park soccer fields, as shown on APCO Drawing No. R-3176, dated February 26, 1996; and, WHEREAS, the proposed right-of-way will serve the interests of the public and is necessary for the public health, safety, and welfare of citizens of the County of Roanoke. NOW, 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 May 14, 1996; and a second reading was held on May 28, 1996; and 2. That pursuant to the provisions of Section 16.01 of the Charter of Roanoke County, the interests in real estate to be conveyed are hereby declared to be surplus, and are hereby made available for other public uses by conveyance to Appalachian Power Company for the provision of electrical service to upgrade facilities and to provide service to the Merriman Park soccer fields; and 3. That donation of a right-of-way for an overhead transmission line or lines, and related improvements, along County property, to upgrade facilities and to provide electric service for the soccer fields, as shown on APCO Drawing No. R-3176, dated February 26, 1996, to Appalachian Power Company is hereby authorized subject to the Roanoke County Parks and Recreations Department's prior written approval of any additions to or relocations of the facilities; and 4. That APCO's offer to purchase the easement for One Dollar ($1.00) is hereby accepted and the proceeds from the sale of the easement are to be allocated to the capital reserves of Roanoke County; and 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 approved as to form by the County Attorney; and 6. 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 Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None A COPY TESTE: Mary H. Allen, CMC Clerk to the Board cc: File Arnold Covey, Director, Engineering, Development & Inspections (Certified Copy) Terry Harrington, Director, Planning & Zoning Gary Robertson, Utility Director Paul M. Mahoney, County Attorney I 4! 1 349-2007 PROPOSED 20' EASEMENT rnl I PARKING LOT I 1 349-2006 - — PROP. 348-4506 PROP. 40' EASEMENT I 349-2005 / E I \ 7 MERRIMAN SOCCER FIELDS / 349-2004 PPOPOSED 20' EASEMENT I 349-2012 PUMP HOUSE EXIST. POWER LINE APPALACHIAN POWER COMPANY MAP SECTION 348 -D&349 -B ROANOKE VIRGINIA T.D. 665000 ROANOKE DIVISION T&D DEPARTMENT CAVE SPRING MAG. DISTRICT PROPOSED RIGHT OF WAY ROANOKE COUNTY, VA. ON PROPERTY OF BOARD OF SUPERVISORS OF ROANOKE COUNTY OaAWN ■* R.B.H. Ma 2 -26-96 Am." T.L.M. acs I"=200' a mum DRAINING NO. R-3176 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MAY 28, 1996 ORDINANCE 052896-12 DECLARING A PARCEL OF REAL ESTATE TO BE SURPLUS AND AN ACCEPTING AN OFFER FOR THE SALE OF SAME; NAMELY THE PINE MOUNTAIN WELL LOT, TAX MAP NO. 87.19-2-9 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. Notice has also been mailed to the adjoining proprty owners. 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 14, 1996, and the second reading was held on May 28, 1996, concerning the disposition of the following parcel of real estate identified as follows: Pine Mountain Well Lot Tax Map No. 87.19-2-9 4. That offers for said property having been received, the offer of James R. Jackson, Jackson Associates Ltd. of Va. to purchase this property for the sum of Thirteen Thousand Two Hundred Dollars ($13,200) is hereby accepted. 5. That the purchase price for the property will be paid 1 upon delivery of a deed therefor and all proceeds from the sale of this real estate will be deposited into the water fund in accordance with the trust agreements of the 1991 water revenue bonds. 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 will be on form approved by the County Attorney. 7. That this ordinance will 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 Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None A COPY TESTE: Mary H. Allen, CMC Clerk to the Board cc: File Paul M. Mahoney, County Attorney John W. Birckhead, Director, Real Estate Assessment Diane D. Hyatt, Director, Finance Gary Robertson, Utility Director John Willey, Property Manager PA AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MAY 28, 1996 RESOLUTION 052896-13 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM M - 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 May 28, 1996, designated as Item M - Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 through 6, inclusive, as follows: 1. Approval of Minutes - April 23, 1996 2. Confirmation of Committee Appointments to the Board of Zoning Appeals, the Fifth Planning District Commission, the Highway and Transportation Safety Commission and the Parks and Recreation Advisory Commission. 3. Request from the Department of Social Services for appropriation of Funds for Public Assistance. 4. Write-off of Utility Bad Debts 5. Preliminary approval of citizens' requests to file a complaint with F.C.C. to review increase in cable programming services rates of Cox Cable Roanoke. 6. Resolution authorizing the organization of volunteer rescue squad organization, recognizing same for purposes of the "Line of Duty Act" and for certain immunities. 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 Minnix to adopt the resolution after amending item 2 and discussing item 5, and carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Johnson NAYS: Supervisor Nickens A COPY TESTE: Mary H. Allen, CMC Clerk to the Board cc: File Betty McCrary, Director of Social Services Diane Hyatt, Director of Finance Joseph Obenshain, Sr. Assistant County Attorney Paul Mahoney, County Attorney Tommy Fuqua, Fire and Rescue Chief A -052896-13.a ACTION NO. ITEM NUMBER A AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: May 28, 1996 AGENDA ITEM: Confirmation of Committee Appointment to the Board of Zoning Appeals, Fifth Planning District Commission, Highway and Transportation Safety Commission, and Parks and Recreation Advisory Commission COUNTY ADMINISTRATORS COMMENTS: SUMMARY OF INFORMATION: The following nominations were made at the May 14 Board meeting and should be confirmed: 2. BOARD OF ZONING APPEALS Supervisor Eddy nominated Eldon L. Karr, Windsor Hills District, to another five year term which will expire 06/30/2001. 4. FIFTH PLANNING DISTRICT COMMISSION By consensus, the Board of Supervisors nominated Supervisor Lee B. Eddy, Elected Representative and Executive Committee Member, to another three-year term which will expire 06/30/2000. 5. HIGHWAY AND TRANSPORTATION SAFETY COMMISSION Supervisor Eddy nominated Henry Gregory, Citizen at Large, to another four year term which will expire 06/30/2000. 6. PARKS & RECREATION ADVISORY COMMISSION Supervisor Eddy nominated William J. Skelton, Jr., Windsor Hills District; and Supervisor Nickens nominated Robert R. Cookston, Member At Large, to another three year term which will expire 06/30/99. RECOMMENDATION• It is recommended that the above appointments be confirmed by the Board of Supervisors. Respectfully submitted, '7i�LG2�-�- �• , Mary H. Allen, CMC Clerk to the Board Approved by, 0 Elmer C. Hodge County Administrator ---------------------------------------------------------------- ACTION VOTE Approved (x) Motion by: Motion by H. Odell No Yes Abs Denied ( ) Minnix to approve Eddy x Received ( ) Harrison x Referred ( ) Johnson x To ( ) Minnix x Nickens x cc: File Board of Zoning Appeals File Fifth Planning district Commission File Highway and Transportation Safety Commission File Parks & Recreation Advisory Commission File A -052896-13.b 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: May 28, 1996 AGENDA ITEM: Request to Appropriate Monies for Public Assistance for the Department of Social Services COUNTY ADMINISTRATOR'S COMMENTS:, BACKGROUND: Throughout the year, the Department of Social Services receives additional appropriations for public assistance and service delivery. These funds are required to provide continuing services and to avoid any interruption of service to the customer. The State has made available $45,000 additional funding for Public Assistance, Working -Transitional Day Care for FY 95-96. The Department of Social Services cannot access these state funds until the County has appropriated the same. The Board of Supervisors is requested to appropriate $45,000 to the Social Services expenditure budget for Public Assistance and to appropriate the related revenues from the State. FISCAL IMPACT: None. The total amount for the additional funding is 100% reimbursable by the State Department of Social Services. STAFF RECOMMENDATION: Staff recommends appropriation of $45,000 to the Social Services Budget for Public Assistance, Working - Transitional Day Care. Mz u ly submitted, plQ Betty R. McCrary, PWD. Director of Social Services App rov d by, e -z Elmer C. Hodge County Administrator ---------------------------------------------------------------- ACTION VOTE Approved (x) Motion by: Motion by H. Odell No Yes Abs Denied ( ) Minnix to approve Eddy x Received ( ) Harrison x Referred ( ) Johnson x To ( ) Minnix x Nickens x cc: File John M. Chambliss, Assistant Administrator Betty McCrary, Director, Social Services Brent Robertson, Budget Manager A -052896-13.c ACTION #. ITEM NUMBER"' AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: May 28, 1996 AGENDA ITEM: Write -Off of Utility Bad Debts COUNTY ADMINISTRATOR'S COMMENTS: UU SUMMARY OF INFORMATION: The County in prior years has written off utility billing delinquent accounts that were over five years old. This policy and the year of write off is consistent with the procedures used by the Treasurer for writing off personal property delinquent accounts. This procedure is prescribed by law for personal property files. It may still be possible to collect some of the outstanding amounts through file liens and debt set off. The efforts for collecting these accounts have included the following: 1. Collection letters requesting payment. 2. Filing with Department of Taxation on Debt Set Off Program. 3. Filing Warrants in Debt where a valid address is available. 4. Continuing to search for delinquent accounts through DMV, VEC, and Department of Taxation records. Listed below is a breakdown of the delinquent utility accounts, which should be written off at this time. Year Amount Number of Accounts 1991 $ 4,605.00 32 STAFF RECOMMENDATION: Staff recommends writing off the 1991 delinquent accounts. SUBMITTED BY: Diane D. Hyatt Director of Finance APPROVED: Elmer C. Hodge County Administrator M -Y = ------------------------------ ----------------------------- ACTION VOTE Approved (x) Motion by: Motion by H. Odell No Yes Abs Denied ( ) Minnix to approve Eddy x Received ( ) Harrison x Referred ( ) Johnson x To ( ) Minnix x Nickens x cc: File Diane D. Hyatt, Director, Finance 1991 Previous write off 1990 1989 1988 ATTACHMENT A UTILITY BILLING BAD DEBT HISTORY BILLING BAD DEBT # ACCOUNTS PERCENT $7,472,725 $4,605 32 .06% $6,289,504 $4,084 42 .06% $5,985,833 $3,344 30 .06% $5,897,197 $6,839 47 .11% A -052896-13.d ACTION # ITEM NUMBER___/ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: May 28, 1996 AGENDA ITEM: Preliminary approval of citizens' requests to file a complaint with F.C.C. to review increase in cable programming services (C.P.S.) rates of Cox Cable Roanoke COUNTY ADMINISTRATOR'S COMMENTS: BACKGROUND: Recent changes in Federal Communications Commission (F.C.C.) regulations have removed the ability of individual cable consumers to directly file complaints with the F.C.C., raising objections to rate increases for the cable programming services tier (C.P.S.). Cox communications/ Cox Cable Roanoke has announced increases in their rates for cable customers for both basic cable service and for the C.P.S. tier of cable services effective March 1, 1996. A cable customer has 90 days from the effective date of an increase in cable rates to file a complaint regarding C.P.S. rates with the franchising authority. The franchising authority must receive such complaints from at least two customers before it may file a request with the F.C.C. to review an increase in C.P.S. rates. The County has recently received an opinion from its outside legal counsel for cable television issues that the simultaneous rate increase for the basic cable service tier by this cable operator was within the range permitted by F.C.C. regulations. SUMMARY OF INFORMATION: Roanoke County has received complaints from two citizens requesting a review of the announced intentions of Cox Cable Roanoke to increase the rates for its C.P.S. effective March 1, 1996. Roanoke County, as the franchising authority, must now make an initial determination that not more than 90 days have elapsed from the date the rate increase went into effect until the subscriber complaints were received and that such rate increase pertains to the C.P.S. tier. Both of these criteria appear to be satisfied. If Roanoke County intends to submit a complaint to the F.C.C., it must first send a written notice, including a draft FCC Form 329, to Cox Communications/Cox Ca that a complaint is pending. The ca permitted at least 30 days to file a Roanoke County has 180 days from the increase in question to file the FCC response from the cable operator, with A- s ble Roanoke to inform them .ble operator then must be response with the county. effective date of the rate Form 329, along with any the F.C.C. With the authorization of the Board of Supervisors, the County Attorney's office will prepare a draft Form 329, and forward it by certified mail to Cox Communications/Cox Cable Roanoke for their response within 45 days. Once this response is received, or the 45 days has elapsed, this matter will be placed on the Board's agenda for final action upon whether to file the Form 329, and any response from the cable operator, with the F.C.C. FISCAL IMPACT• None. ALTERNATIVES• 1. Authorize the County Attorney to draft a Form 329, and to send to Cox Communications/Cox Cable Roanoke, by certified mail, requesting a response within 45 days. 2. Decline to file a rate complaint'on the C.P.S. tier, Form 329, with the F.C.C. and rely upon the review of rates previously conducted on behalf of the County of basic cable service rates by outside legal counsel. STAFF RECOMMENDATION: Staff recommends Alternative # 1. Respectfully submitted, �� L f�ff )1--0, Jo ph B O enshain Se or As istant County Attorney ---------------------------------------------------------------- Approved (x) Denied ( ) Received ( ) Referred ( ) To ( ) ACTION Motion by: Motion by H. Odell Minnix to approve Alternative #1 Nickens x cc: File Joseph B. Obenshain, Senior Assistant County Attorney VOTE No Yes Abs Eddy x Harrison x Johnson x Minnix x Nickens x cc: File Joseph B. Obenshain, Senior 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, MAY 28, 1996 RESOLUTION 052896-13.e AUTHORIZING THE ORGANIZATION OF VOLUNTEER RESCUE SQUAD ORGANIZATIONS, RECOGNIZING SAME FOR PURPOSES OF THE "LINE OF DUTY ACT" AND FOR CERTAIN IMMUNI- TIES WHEREAS, by Resolution 042396-2 the Board of Supervisors recognized the existence of the eleven volunteer fire fighting organizations, namely Back Creek Fire Company, Read Mountain Fire Company, Vinton Fire Company, Cave Spring Fire Company, Catawba Fire Company, Hollins Fire Company, Mt. Pleasant Fire Company, Clearbrook Fire Company, Bent Mountain Fire Company, Fort Lewis Fire Company, and the Mason Cove Fire Company, serving Roanoke County, which have been formed in accordance with Section 27-8 of the 1950 Code of Virginia, as amended; and WHEREAS, the County hereby provides that volunteer rescue squads are deemed an instrumentality of the County in accordance with the provisions of the Code of Virginia, as amended, and enjoy all the benefits and immunities granted thereunder; and WHEREAS, for such volunteer rescue squads to receive the benefits of the "Line of Duty Act" as provided in Section 2.1-133.5, et sea. of the 1950 Code of Virginia, as amended, recognition by the governing body of the County as an integral part of the County's official safety program is required; and WHEREAS, the County has always recognized the important contributions made by the members of each volunteer rescue squad to the County and wishes to make available the benefits of the "Line of Duty Act" as hereinabove mentioned. 1 NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, that the governing body does hereby approve the organization of the Vinton First Aid Crew, Inc., Cave Spring First Aid and Rescue Squad, Inc., Catawba -Mason Cove Rescue Squad, Inc., Mt. Pleasant First Aid and Rescue Crew, Inc., Clearbrook First Aid and Rescue Squad, Inc., Bent Mountain First Aid and Rescue Crew, Inc., Fort Lewis Rescue Squad, Inc., Roanoke County Fire and Rescue Department No. 5 - Hollins, Roanoke County Fire and Rescue Department No. 11 - Back Creek, such volunteer rescue squads being organized pursuant the provisions of the Code of Virginia; and BE IT FURTHER RESOLVED that each volunteer rescue squad organization in Roanoke County, Virginia, so recognized by the Board of Supervisors of Roanoke County, Virginia, shall enjoy all the benefits and immunities provided in by the 1950 Code of Virginia. That the Board of Supervisors does fully recognize the contri- butions made to the County by the members of the volunteer rescue squads. On motion of Supervisor Minnix to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Johnson NAYS: Supervisor Nickens A COPY TESTE: Mary H. Allen, CMC Clerk to the Board CC: File Tommy Fuqua, Fire and Rescue Chief Paul Mahoney, County Attorney Robert Jernigan, Risk Management 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON MAY 28, 1996 RESOLUTION 052896-14 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 Certification Resolution, and carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None A COPY TESTE:� Mary H. Allen, CMC Clerk to the Board cc: File 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, MAY '28, 1996 RESOLUTION 052896-15 AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF SALEM AND THE COUNTY OF ROANOKE RELOCATING THE BOUNDARY LINE BETWEEN SAID GOVERNMENTAL ENTITIES (MOWLES SPRING PARK)# 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; and WHEREAS, the City of Salem and the County of Roanoke have agreed to the boundary relocation by action of their respective governing bodies. 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 John D. Abbott, PE, CLS, dated April 22, 1996, 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 Harrison to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None A COPY TESTE: Mary H. Allen, CMC Clerk to the Board cc: File Forest Jones, City Clerk, City of Salem Paul M. Mahoney, County Attorney AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MAY 28, 1996 ORDINANCE 052896-16 GRANTING A SPECIAL USE PERMIT TO SHENANDOAH BAPTIST CHURCH TO EXPAND THE EXISTING CHURCH AND SCHOOL FACILITIES LOCATED ON WILLIAMSON ROAD ACROSS FROM BROOKSIDE SHOPPING CENTER (TAX MAP NO. 27.18- 1-3, 11, 12; 27.18-2-1, 10, 11, 17, 18, 19), HOLLINS MAGISTERIAL DISTRICT WHEREAS, Shenandoah Baptist Church has filed a petition to expand the existing church and school facilities located on Williamson Road across from Brookside Shopping Center (Tax Map No. 27.18-1-3, 11, 12; 27.18-2.-1, 10, 11, 17, 18, 19) in the Hollins Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this matter on March 5, 1996 and April 2, 1996 and continued to May 28, 1996; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first reading on this matter on February 27, 1996; the second reading and public hearing on this matter was held on April 23, 1996. 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 Shenandoah Baptist Church located on Williamson Road across from Brookside Shopping Center (Tax Map No. 27.18-1-3, 11, 12; 27.18-2-1, 10, 11, 17, 18, 19) in the Hollins Magisterial District to expand the existing church and school facilities is substantially in accord with the adopted 1985 Comprehensive Plan pursuant to the provisions of § 15.1-456 (b) of the 1950 Code of 1 Virginia, as amended, and said Special Use Permit is hereby approved with the following conditions: (1) The site will be developed in substantial conformity with the master plan prepared by Balzer and Associates and dated October 1995; with the exception that no new parking lot entrances shall be constructed along Plymouth Drive. The existing Plymouth Drive entrance may continue to be used and incorporated as part of the master plan. (2) a. That the gate located on Plymouth Drive will remain closed at all times and may not be used for entrance or egress except for the following hours: Sunday: open from 8:00 a.m. to 9:00 p.m. Monday: open from 6:45 a.m. to 3:30 p.m. Tuesday: open from 6:45 a.m. to 3:30 p.m. Wednesday: open from 6: 45 a.m. to 9:00 p.m. Thursday: open from 6:45 a.m. to 3:30 p.m. Friday: open from 6:45 a.m. to 3:30 p.m. Saturday: Closed b. The gates shall remain closed when school is not in session except for Sunday from 8:00 a.m. to 9:00 p.m. and Wednesday from 6:45 a.m. to 9:00 p.m. On motion of Supervisor Johnson to adopt the ordinance with conditions regarding the site plan and hours that the Plymouth Drive gate drive may be open, and carried by the following recorded vote: AYES: Supervisors Minnix, Harrison, Johnson NAYS: Supervisors Eddy, Nickens 2 A COPY TESTE: Mary H. Allen, CMC Clerk to the Board cc: File Arnold Covey, Director, Engineering, Development & Inspections Terry Harrington, Director, Planning & Zoning John W. Birckhead, Director, Real Estate Assessment Paul M. Mahoney, County Attorney 3 VICINITY MAP NORTH a •r e 1 A y s i _ " r DEPARTriE T OF PLP.NNING SPECIAL USEPERMIT P.ND ZaNING _ .27.18-- L 1-3; -11 1; 122 • .27-18-2-1;''10; 11; 17; 18; 19 » ' ! al b V'°• i t w •a R II • aN f er. 2f �� ' ' w ��I �• I; a o \, 7 w w � 2. , µ U \ 1 _ NORTH a •r e 1 A y s i _ " r DEPARTriE T OF PLP.NNING SPECIAL USEPERMIT P.ND ZaNING _ .27.18-- L 1-3; -11 1; 122 • .27-18-2-1;''10; 11; 17; 18; 19 NAT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, MAY 28, 1996 ORDINANCE 052896-17 TO CHANGE THE ZONING CLASSIFICATION OF A 88.53 -ACRE TRACT OF REAL ESTATE LOCATED ON THE EAST SIDE OF THE BLUE RIDGE PARKWAY AT THE NORTH SIDE OF PARKWAY BRIDGE OVER ROANOKE RIVER AT NIAGARA DAM (TAX MAP NO. 71.00-1-1) IN THE VINTON MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF AG - 3 TO THE ZONING CLASSIFICATION OF PCD WITH CONDITIONS UPON THE APPLICATION OF THE INDUSTRIAL DEVELOPMENT AUTHORITY OF ROANOKE COUNTY (AL HAMMOND) WHEREAS, the first reading of this ordinance was held on March 26, 1996, and the second reading and public hearing were held May 28, 1996; and WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on May 7, 1996; 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 88.53 acres, as described herein, and located on the east side of the Blue Ridge Parkway at the north side of the parkway bridge over the Roanoke River at Niagara Dam, (Tax Map Number 71.00-1-1) in the Vinton Magisterial District, is hereby changed from the zoning classification of AG -3, Agriculture/Rural Preserve District, to the zoning classification of PCD, Planned Commercial Development District. 2. That this action is taken upon the application of the 1 Industrial Development Authority of Roanoke County (Al Hammond). 3. That the owner of the property, Al Hammond has voluntarily proffered in writing conditions which are made a part hereof and incorporated herein by reference and which are set out in detail in the attached Exhibit A (filed in the Board of Supervisors agenda packet) entitled "A Rezoning Application: Planning and Design Documents for Virginia Mountain Country Center, Planned Commercial Development, County of Roanoke, Virginia, A. B. Hammond, Owner & Developer, Hill Studio, P.C. Planner & Landscape Architect, dated May 7, 1996," which conditions the Board of Supervisors of Roanoke County, Virginia, hereby accepts. 4. That said real estate is more fully described as follows: BEGINNING at McDonald's corner large old white oak, thence with his line S. 83 deg. E. 1219 feet to a corner post, N. 29 deg. E. 126 feet to a corner post, N. 79 deg. 45' E. 825 feet to a large corner locust fence post in a branch, thence with Lot No. 1 crossing said branch several times S. 53 deg. E. 184 feet to a persimmon on the north bank of the branch, S. 9 deg. E. 362 feet to an iron rod, S. 86 deg. W. 1124 feet to an iron rod, S. 28 deg. 30 W. 538 feet to the west bar post, thence along a fence S. 78 deg. 30' E. 945 feet to a point 3 feet south of a large white oak, thence along a road N. 50 deg. E. 40 feet, N. 20 deg. 30' E. 400 feet, N. 57 deg. 30' E. 117 feet, N. 75 deg. 30' E. 67 feet to "B," thence off from road S. 72 deg. 30' E. 29 feet to a locust, S. 3 deg. 45' W. 226 feet to a rum about 12 feet east of a spring, S. 28 deg. W. 114 feet to a poplar, S. 7 deg. 45' W. At 385 feet passing a poplar, in all 398.5 feet to a stone in Tinsley's line, thence with the line N. 48 deg. 30' W. 316 feet to a stone, S. 4 deg. E. 1741 feet to the center of the Virginia Railroad, thence along the center of the railroad (distant 50 feet southwardly from the boundary line of the James land), N. 86 deg. 24' W. 194 feet, N. 78 deg. 30' W. 200 feet, N. 70 deg. 30' W. 200 feet, N. 64 deg. 16' W. 200 feet, N. 63 deg. W. 1700 feet, N. 68 deg. W. 200 feet, N. 75 deg. 31' W. 130 feet, N. 83 deg. 29' W. 156 feet, thence off and up Rough Branch as it meanders N. 27 deg. E. 156 feet, N. 6 deg. W. 96 feet, N. 39 deg. E. 148 feet, N. 27 deg. 15' E. 137 feet, N. 41 deg.30' E. 60 feet, N. 1 deg. 15' W. 127 feet, N. 47 deg. 30' E. 94 feet, N.62 deg. 30' E. 89 feet, N. 1 deg. W. 50 feet, N. 34 deg. 30' K W. 144 feet, N. 4 deg. W. 117 feet, N. 42 deg. 30' E. 210 feet, N. 5 deg. 30' E. 105 feet, N. 57 deg. E. 75 feet, N. 11 deg. 45' E. 145 feet, N. 29 deg. 30' E. 143 feet, thence off N. 80 deg. E. 148 feet to the Beginning containing 109.03 acres. The metes and bounds here given include a portion of the Virginia Railroad right-of-way, which is not included in the area given of 109.03 acres, which is net area exclusive of the railroad. LESS, however, a tract containing 20.5 acres, more or less, described as follows: BEGINNING at a point in the line of McDonald; thence with new lines: (1) S. 47 deg. 42' 30" W. 539.76 feet; (2) S. 8 deg. 37' 30" W. 1079.73 feet; (3) S. 46 deg. 49' 45" E. 552.1 feet; and (4) S. 20 deg. 55' 45" W. 99.62 feet to a point in the north right-of-way line of the Virginia Railway Company, and with the same: (1) N. 62 deg. 26' W. 540.76 feet; (2) N. 65 deg. 25' 00" W. 255.57 feet; (3) N. 78 deg. 20' 00" W. 318.12 feet crossing Parkway centerline at 191.12 feet at Sta. 465+69.7 and (4) N. 4 deg. 59' 00" E. 10.0 feet to a corner in the line of Appalachian Electric Power Company, and with the same: (1) N. 40 deg. 58' 15" E. 69.93 feet; (2) N. 6 deg. 03' 00" E. 164.3 feet (3) N. 51 deg. 32' 00" E. 129.3 feet; and (4) N. 7 deg. 13' 00" W. 80.0 feet to a corner in the line of the Heirs of W. H. Muse, Jr., deceased, and with the same: (1) S. 88 deg. 17' 00" E. 50.71 feet; (2) N. 41 deg. 34' 00" E. 60.0 feet; (3) n. 1 deg. 11' 00" W. 127.0 feet; (4) N. 47 deg. 34' 00" E. 94.0 feet; (5) N. 62 deg. 34' 00" E. 89.0 feet to a point in or near said centerline at or near sta. 45980; (6) N. 0 deg. 56' 00" W. 50.0 feet; (7) N. 34 deg. 26' 00" W. 144.0 feet; (8) N. 3 deg. 56' 00" W. 117.0 feet; (9) N. 42 deg. 34' 00" E. 210.0 feet; (10) N. 5 deg 34' 00" E. 105.0 feet; (11) N. 57 deg. 04' 00" E. 75.0 feet; (12) N. 11 deg. 49' 00" E. 145.0 feet; (13) N. 29 deg. 34' 00" E. 143.0 feet; and (14) N. 80 deg. 04' 00" E. 148.0 feet to a corner in said line of McDonald and with the same S. 82 deg. 46' 00" E. (Ahead) - S. 82 deg. 41' 45" E. (Back) 460.05 feet to the Beginning, crossing said centerline at 61.05 feet at sta. 449+61. 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. 3 On motion of Supervisor Nickens to adopt the ordinance with Conditions described above which are filed with the Board of Supervisors agenda packet, and carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None A COPY TESTE: Mary H. Allen, CMC Clerk to the Board cc: File Arnold Covey, Director, Engineering, Development & Inspections Terry Harrington, Director, Planning & Zoning John W. Birckhead, Director, Real Estate Assessment Paul M. Mahoney, County Attorney 4 Site name: Blue Ridge Parkway Al Hammond property Tax Map Numbers: Request: 71.00-1-1 Rezone AG -3 to A-V 88.53 r AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MAY 28, 1996 ORDINANCE 052896-18 GRANTING A SPECIAL USE PERMIT TO WORKMAN OIL CO. TO OPERATE A CONVE- NIENCE STORE AND GASOLINE OUTLET LOCATED AT THE CORNER OF PLANTATION AND HERSHBERGER ROADS (TAX PARCEL 38.16-1-2), HOLLINS MAGISTERIAL DISTRICT WHEREAS, Workman Oil Co. has filed a petition to operate a convenience store and gasoline outlet located at the corner of Plantation and Hershberger Roads in the Hollins Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this matter on August 1, 1995 (continued from June 6, 1995); and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first reading on this matter on May 23, 1995; the second reading and public hearing on this matter was held on August 22, 1995, and continued to September 26, 1995, and continued to May 28, 1996. 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 operate a convenience store and gasoline outlet located at the corner of Plantation Road and Hershberger Road in the Hollins 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 Workman Oil Co. to allow said use with the following conditions: 1 (1) The existing right-of-way of pine trees along the western property will be retained and supplemented as necessary to maintain an effective screening of adjoining property. (2) Light fixture height will not exceed 15 feet and will be directed downward to minimize glare. (3) The area behind the new structure shall be landscaped so as to screen the rear area of the building. (4) The site shall be developed in substantial conformity with the submitted conceptual plan for Maddox Oil Company dated May 23, 1996 with the exception that no curb cuts or vehicle access shall be allowed from Plantation Road unless the Virginia Department of Transportation shall formally approve the improvements to Plantation Road as shown on the conceptual plan. On motion of Supervisor Johnson to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None A COPY TESTE: Mary H. Allen, CMC Clerk to the Board cc: File Arnold Covey, Director, Engineering, Development & Inspections Terry Harrington, Director, Planning & Zoning John W. Birckhead, Director, Real Estate Assessment Paul M. Mahoney, County Attorney 2 WW emmo L" HERSHBERGER ROAD (VA. SEG RTE 625) fy9W M* PAWW f 4; 4 fiII z o PO = a r4 a a) $4 a A.E•A i- V-5 ''O 3 v z a Z Q 0 C Z Q � ~ Nw t CC O O> -� 0 00 Lit Z Q :D o 'Y -a"� H- C O W z X Z y- o3 F - a O O == Q > - U p V) c9 a C _ Q z o PO = a r4 a a) $4 a A.E•A Q O cr ''O 3 v 3 II a Z 0 C F � Q s Zm Q� 0 CL 3 z o PO = a r4 a a) $4 a A.E•A AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MAY 28, 1996 ORDINANCE 052896-19 VACATING AND CLOSING A SECTION OF 50 FOOT UNIMPROVED RIGHT-OF-WAY REFERRED TO AS BRITANEY ROAD LOCATED SOUTHEASTERLY OF THE INTERSECTION OF BRITANEY ROAD (ROUTE 1224) AND SETTER ROAD (ROUTE 1221) FOR APPROXIMATELY 130 FEET IN LENGTH, AS RECORDED IN PLAT BOOK 9, PAGE 200, IN THE HOLLINS MAGISTERIAL DISTRICT WHEREAS, Roanoke County Land Venture, Inc., the petitioner, is the owner of Lot 1, Block 3, Section 1 of Huntridge, and the remaining acreage as shown on that certain plat of record in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Plat Book 9, Page 200; and, WHEREAS, said lots are adjacent to an unimproved section of Britaney Road as shown on said plat; and; WHEREAS, the petitioner has requested that the Board of Supervisors of Roanoke County, Virginia, vacate and close the section of unimproved right-of-way referred to as Britaney Road located southeasterly of the intersection of Britaney Road (Route 1224) and Setter Road (Route 1221), measuring fifty feet (501) in width and approximately one hundred thirty feet (1301) in length, and lying between Lot 1, Block 3, and Lot 9, Block 1, in Section No. 1, Huntridge, said right of way having been created and shown on the plat for Huntridge, Section 1, recorded as aforesaid in Plat Book 9, Page 200; and, WHEREAS, Section 15.1-482 (b) of the 1950 Code of Virginia, as amended, requires that such action be accomplished by the adoption of an ordinance by the governing body; and, WHEREAS, notice has been given as required by Section 15.1-431 of the 1950 Code of Virginia, as amended, and a first reading of this ordinance was held on May 14, 1996; and the public hearing and second reading of this ordinance was held on May 28, 1996. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That an unimproved section of right-of-way, situate in the Hollins Magisterial District and referred to as Britaney Road, being 50 feet in width and extending approximately 130 feet in length, located southeasterly of the intersection of Britaney Road (Route 1224) and Setter Road (Route 1221), as shown on the plat for Huntridge, Section 1, recorded in the aforesaid Clerk's Office in Plat Book 9, Page 200, be, and hereby is, vacated pursuant to Section 15.1-482(b) of the 1950 Code of Virginia, as amended, subject to the following conditions: a. That all costs and expenses associated herewith, including but not limited to, publication costs, survey costs and recordation of documents, shall be the responsibility of the petitioner; and, b. That the entire area of the 50 -foot right-of-way, extending southeasterly approximately 130 feet in length from the intersection of Britaney Road and Setter Road, is hereby reserved and retained as a public utility easement and as a water and sewer easement for Roanoke County, together with the right to provide maintenance to any existing or future facilities located within the vacated area, and together with the right of ingress and egress thereto from a public road; and, C. That the vacated area of land shall be added and combined, by deed or by plat, to the adjoining properties as provided by law and petitioner shall comply with the Roanoke County Subdivision Ordinance, the Roanoke County Zoning Ordinance, and other applicable laws, regulations and F, requirements, including recordation of the necessary documents, in connection with this vacation or any subsequent subdivision of the property. 2. That the Department of Engineering and Inspections shall record a certified copy of this ordinance with the Clerk of the Circuit Court of Roanoke County, Virginia, and the recordation costs shall be payable by the petitioners. 3. That this ordinance shall be effective on and from the date of its adoption. All ordinances or parts of ordinances 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 Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None A COPY TESTE: Mary H. Allen, CMC Clerk to the Board cc: File Arnold Covey, Director, Engineering, Development & Inspections (Certified Copy) Terry Harrington, Director, Planning & Zoning Gary Robertson, Utility Director Paul M. Mahoney, County Attorney I t�. " n i---9_ 11 JtJTRiOG�Q-f• Y \ -:77 ' C i =1000 `•['�jPLITT �{� `•Z,PQ�t��.��.�? :,CRE ���YQ II NORTH 1 J ��'�'-/J A2.1 34 30 '� •hZ 22 47 �. 29 23 0 �r ht 6 22 5 - 25 44 `y _ 37 i `r J \ 26 t 43 \ \ . `%► 6'b 33 42 J� 6 a 1 I % h1 64 -5 '3 ° - S�O,Qo 1 41 Z. c3 r ��1 �� � • 40 �. :301 -jun :Curt 3•rd s° � 56 h ` J .. �Y •1 �T 0 •ft RIGHT-OF-WAY 53 11.93 A c ROANOKE COUNTY Request to vacate a 50 foot unimproved right-of-way ENGINEERING & referred to as Britaney Road. INSPECTIONS DEPARTMENT AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MAY 28, 1996 ORDINANCE 052896-20 AUTHORIZING THE VACATION OF A 20 FOOT SANITARY SEWER EASEMENT AND A 20 FOOT DRAINAGE EASEMENT LOCATED ON LOT 10A AND THE REMAINING ACREAGE AS SHOWN ON THE PLAT OF THE RESUBDIVISION OF BELLE GROVE SUBDIVISION, PLAT BOOK 18, PAGE 56, IN THE HOLLINS MAGISTERIAL DISTRICT WHEREAS, by subdivision plat entitled " Plat of Survey Showing Belle Grove Phase I", dated June 23, 1995, and recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Plat Book 18, page 8, Terry Parsell and Dianne Zeigler dedicated certain public easements, including a 20 -foot sanitary sewer easement and a 20 -foot drainage easement located on Lots 10 and 11 and the remaining acreage; and, WHEREAS, Belle Grove, Phase I, was resubdivided by virtue of Plat Book 18, page 56, and the subject easements are shown on said plat as being within the boundaries of Lot 10A and the remaining acreage; and, WHEREAS, a new 20 -foot drainage easement on the property line of Lots 9A and 10A, and a new 20 -foot sanitary sewer easement along the property line of Lot 10A and the remaining acreage, were created on the above-described resubdivision, and the easements previously created became unnecessary; and, WHEREAS, the petitioner, Belle Grove Development Corporation, is the current owner of Lot 10A (Tax Map No. 28.09-3-10) and the remaining 14.84 acre tract (Tax Map No. 28.09-2-53) of Belle Grove, Phase I; and, WHEREAS, the petitioner has requested that the 20 -foot sanitary sewer easement and the 20 -foot drainage easement be vacated by the Board of Supervisors of Roanoke County, Virginia, pursuant to Section 15.1-482(b) of the Code of Virginia (1950, as amended), which requires that such action be accomplished by the adoption of an ordinance by the governing body; and, WHEREAS, notice has been given as required by Section 15.1-431 of the 1950 Code of Virginia, as amended, and a first reading of this ordinance was held on May 14, 1996; and the public hearing and second reading of this ordinance was held on May 28, 1996. THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the "EXIST. 20' SANITARY SEWER EASEMENT P.B.18 PG. 8", being twenty feet (20') in width and extending approximately 148 feet in length, and the "EXISTING 20' DRAINAGE EASEM'T. P.B.18 PG.811,. being twenty feet (20') in width and extending approximately 148 feet in length, located on Lot 10A and the remaining acreage of Belle Grove, Phase I, in the Hollins Magisterial District of the County of Roanoke, Virginia, as shown on the resubdivision plat entitled "Plat of Survey Showing the Resubdivision of BELLE GROVE, Phase I", dated October 24, 1995, and recorded in the aforesaid Clerk's Office in Plat Book 18, page 56, and as further shown on the Exhibit attached hereto, be, and hereby is, vacated pursuant to Section 15.1-482(b) of the 1950 Code of Virginia, as amended; and, 2. That, as a condition to the adoption of this ordinance, the new 1120' DRAINAGE EASEMENT" and the new 1120' SANITARY SEWER 2 EASEMENT" created and shown upon the resubdivision plat of record in Plat Book 18, page 56, are hereby specifically reserved and retained, particularly including any areas which may overlap and coincide with the easements vacated herein; and, 3. That, as a further condition to the adoption of this ordinance, all costs and expenses associated herewith, including but not limited to publication costs, survey costs and recordation of documents, shall be the responsibility of the petitioners, Belle Grove Development Corporation, or their successors or assigns; and, 4. That the Department of Engineering and Inspections shall record a certified copy of this ordinance' with the Clerk of the Circuit Court of Roanoke County, Virginia, and the recordation costs shall be payable.by the petitioners. 5. That this ordinance shall be effective on and from the date of its adoption. All ordinances or parts of ordinances 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 Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None A COPY TESTE: Mary H. Allen, CMC Clerk to the Board 3 cc: File Arnold Covey, Director, Engineering, Development & Inspections (Certified Copy) Terry Harrington, Director, Planning & Zoning Gary Roertson, Utility Director Paul M. Mahoney, County Attorney 4 NORTH �'1 '��G� '-.� .:iS �•-. -�' - " ._. c)►� i. 9 'j'VG ' • _ - - ..�r�: � : .Q: • � .. -� �•-7,:.,c��' :oma' •• .���. ..'4, G, yam_. - .� •.• (� . ' � - - - �9ay+: •'y�C�� :`".:iVJ\�\ z. � ��:� �2{.: '�t� �� Iwv .. � _ :_ .. -. . �j►'• �.'�;� �� _ � '�� �-� ''��_�'= �V:: � �o { f �: �- :::���5, is ��'' � - �Y.t•s�.; 2c y •• `� ��./•} • '2: r ^. •J.�: :. moi, •. �.c1610 `.�dc��$?`' A 5- - •,._ :a:��. �:�'� .�Z��•_. :- •.o _ +' �' :I��. - �� •. 20.;r'�N.•S�Y,r '& alA�«==''r: -:_,_ham . � .� o :°-- .-.:: ��_�_ �•.:�.:�/ / �. •- �s;� • t�� r,�r: .. _�:. Tq-. 3E 1�ACATED • ' tar= :�•= .� _ `� ' � � : a • vim` .�� % • OSI f , . `SS ac v .,. ::moo .-•s . e ':. � ,_ � � 1 uJ• '- • - ��o�:?a2 '\ .: �\ '/-• _ - :• l ..oma �}. I •. - • Vacate 20' Sanitary Sewer and Drainage Easements located ROANOKE COUNTY parallel to the property lines of lot 10A, Belle Grove _... ENGINEERING & Subdivision, Section 1, Plat Book 18, Page 56 and located INSPECTIONS DEPARTMENT in the Hollins Magisterial District.