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HomeMy WebLinkAbout2/25/1997 - Adopted Board RecordsAT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, FEBRUARY 25, 1997 RESOLUTION 022597-1 REQUESTING VDOT TO CONTINUE FUNDING PROJECTS CURRENTLY ON THE PLAN AND ADOPT THOSE PROJECTS IDENTIFIED AS "PROJECTS NOT ON PLAN" FOR INCLUSION INTO THE 1997-2003 PRIMARY AND INTERSTATE SIX YEAR IMPROVEMENT PLAN WHEREAS, the Six Year Improvement Program is the Commonwealth Transportation Board's plan for identifying funds anticipated to be available for highway and other forms of transportation construction; and WHEREAS, this program is updated annually to assist in the allocation of federal and state funds for interstate, primary, and secondary roads. BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia as follows: 1. That the following projects identified as "Projects on Plan" are recommended to continue to receive funding for planning and construction; and • Route I-81 - Roanoke County is very supportive of the Virginia Department of Transportation's proposed plan to increase the number of north and south travel lanes. Roanoke County is requesting that consideration be given to improving all interchanges and investigate the possibility of constructing an additional interchange between Wildwood Road (Route 619) and the interchange at Dixie Caverns (Route 460). Increased urbanization, availabilities of utilities, and the potential for industrial development within the area justify the investigation of another interchange to serve this portion of Roanoke County. The average annual daily traffic estimates for I-81 range from 39,000 to 42,000 from Montgomery County to Botetourt County. • Interstate 73 - Roanoke County is very supportive of this project through southwest Virginia and looks forward to reviewing the Transportation Board and Consultant's 1 proposed conceptual alignments within the Route 220 corridor. • Route 221 (Bent Mountain Road) - Roanoke County is requesting continued allocation of funds for this 2.3 mile road project. The residential development projected to occur within this area will place additional demands on the road system that is currently providing an inadequate service level. Current traffic counts for this section show approximately 10,000 vehicles per day. • Route 220 South - Roanoke County is pleased with the feasibility study to improve and widen this road from Roanoke to Martinsville and look forward to discussing the recommendations and findings of the consultants with VDOT. 2. That the following projects identified as "Projects Not on Plan" have been identified by the Board of Supervisors as extremely important to the growth of Roanoke County and are requested to be included in the VDOT Six Year Improvements Program for the 1997-98 Fiscal Year. They are listed in priority order. 1. Route 11/460 (West Main Street) Need: With the widening of West Main Street to four lanes within the City of Salem, there is a need to continue the four lanes of Route 11/460 to the existing four lane section west of Technology Drive (Route 830) 2.03 miles. These improvements are needed to provide uniformity of road section, to address traffic congestion concerns along the road, and to provide a safer roadway for the residents and commercial vehicles. This area of the County is growing, and development over the past two years has increased dramatically. R. R. Donnelly and Sons Company, Rusco Windows, Frito Lay and Richfield Retirement Facility have all built new or expanded facilities in that area, adding 432,200 square feet of industrial and commercial space in the area. Additionally, Kroger plans a major expansion and renovation at its existing facility within the near future. Traffic Counts: From the Salem city limits to Alleghany Drive, 17,000 trips per day; and from Alleghany Drive to 2 Fort Lewis Church Road, 14,000 trips per day. Currently, Kroger and R. R. Donnelly generate 1,300 tractor trailer truck trips per week, with this number expected to increase by 50% in the next two years. This stretch of road is an alternate route when I-81 lanes are blocked, which has occurred several times over the past several years, causing major congestion and safety risks for the community. Recommended Improvements: A five -lane highway with appropriate turning lanes. Cost: $10,000,000 - $12,000,000. 2 Route 11 (Williamson Road) Need: Now that Route it has been widened from Plantation Road (Rte. 115) to Hollins College, there remains one section of three lane road from Peters Creek Road (Rte. 117) to the Roanoke City Limits. Additionally, the existing bridge over Carvins Creek does not meet current standards, and the realignment of Florist Road with Route 11 have created additional congestion and safety concerns. The existing section of road, 1.52 miles, is a three -lane with the center lane used for turning movements. Ninety percent of the tracts adjacent to Williamson Road are developed for commercial use. Traffic counts: 15,000 vehicles per day from the Roanoke city limits to Peters Creek Road. This stretch of road has also been identified as an alternate route in the event of a blockage on I-81/581. Recommended Improvements: A five -lane highway with appropriate turning lanes, which will complete improvement of Williamson Road from the city limits to the Botetourt County line. Cost: $10,000,000. 3. Route 115 (Plantation Road) Need: The existing road, 2.43 miles, is two lanes with numerous side connections to residential neighborhoods. The road needs to be improved from Roanoke city limits north to Route 11. If full funding are not available, various spot improvements, such as turn lanes, alignment and grade improvements, would help with safety issues. Additional land is available along the road for future development, which will increase traffic in the future. 3 Traffic Counts: From the Roanoke city Limits to Williamson Road, 11,000 vehicles per day. Recommended Improvements: Four lane divided highway with appropriate turning lanes. Cost: $12,000,000 - $15,000,000. Other primary roads in Roanoke County which deserve consideration for improvements: ROUTE 419 (ELECTRIC ROAD), ROUTE 116, (JAE VALLEY ROAD), ROUTE 118, (AIRPORT ROAD), ROUTE 311, (CATAWBA ROAD), ROUTE 24, (WASHINGTON AVENUE), ROUTE 460, (CHALLENGER AVE.) 3. That the Board of Supervisors request that the Commonwealth of Virginia create an expanded pool of funds to meet increasing transportation needs throughout the State. On motion of Supervisor Minnix amended by 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, Clerk Roanoke County Board of Supervisors cc: File Arnold Covey, Director, Engineering & Inspections Fred Altizer, District Engineer, VDOT The Honorable Robert E. Martinez, Secretary of Transportation and Chairman, Commonwealth Transportation Board Lorinda G. Lionberger, Salem District, Commonwealth Transportation Board 4 THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, IN REGULAR MEETING ON THE 25th DAY OF FEBRUARY 1997, ADOPTED THE FOLLOWING: RESOLUTION 022597-2 REQUESTING A $100,000 GRANT FROM THE VIRGINIA SOIL AND WATER CONSERVATION BOARD FLOOD PREVENTION AND PROTECTION ASSISTANCE FUND. WHEREAS, Roanoke County participates in the National Flood Insurance Program and is a Class 9 Community in good standing, and WHEREAS, the Board of Supervisors entered into an agreement with the United States Army Corps of Engineers in June 1995 for the purpose of obtaining digital mapping of Roanoke County, and WHEREAS, federal funding for fiscal year 1997-98 has been reduced for this project, and WHEREAS, local matching money in the amount of $100,000 is available for matching this grant. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County does hereby request assistance in the amount of $100,000, as a grant, from the Commonwealth of Virginia Flood Prevention and Protection Assistance Fund, for the purpose of obtaining digital mapping as outlined in the application for the project entitled "County of Roanoke Digital Mapping Project." Recorded Vote Moved By: Supervisor Johnson Seconded By: None Reauired Yeas: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson Nays: None A Copy Teste: •-� Gam-fie.-,�> Mary H. Allen, Clerk Roanoke County Board of Supervisors cc: File Arnold Covey, Director, Engineering & Inspections Virginia Soil and Water Conservation Board A-022597-3 1 ACTION NO. ITEM NO. - AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: February 25, 1997 AGENDA ITEM: Request to the Planning Commission to consider amending the zoning ordinance to require a Special Use Permit for Broadcasting Towers in Industrial and Commercial Zoning Districts K610 \ 41M ► 01 • 1111 Y We should begin the process immediately to require a Special Use Permit for all towers, at least until the committee has completed its study. I expect this study to be as successful as the Blue Ridge Parkway study was. I anticipate that we will bring to the Board a report that both the industry and the County can support. Because of that, we will need a review process with approval by the Board. Since January 1993, Roanoke County has regulated the placement of broadcasting towers within the County. Such towers are used for a variety of purposes, most commonly as a structure upon which an antenna is placed. These antennae receive and transmit information for uses such as private radio communications, radio/television broadcasting signals, and wireless phone signals. These towers are regulated by special use permit in AG3, AG1, AR, and C1 zoning districts. They are a prohibited land use in the AV and all residential zoning districts. Towers are allowed as a by -right use in C2, I1 and I2 zoning districts. Use and Design Standards exist for any tower constructed. Since 1993 the Board has reviewed six special use permit requests for broadcasting towers. Four requests were approved, and two requests were denied. One request was reviewed in 1993, two requests each, in 1994 and 1995 and one request in 1996. Of the four approved requests during this period, two were never constructed, and the special use permit authority has subsequently expired. 2 In addition to the six special use permits reviewed, one tower was constructed by right in an industrial zoning district. This tower was constructed within the last month, in the Benois Road area of Roanoke County. In February of 1996 the Federal Telecommunications Act (the Act) was passed by Congress. The Act is wide-ranging in its effect, and provides new guidelines for localities that choose to regulate the placement of broadcasting towers. Both the Planning Department's staff and the County Attorney's office have been involved in researching the Act's provisions and their applicability to the County. To this end, and at the Board's direction, the staff has convened a committee comprised of communication industry representatives, local government representatives, and interested citizens. The purpose of the committee is to review our existing policy guidelines and ordinance provisions(including Use and Design Standards) for broadcasting towers. Although Roanoke County has seen a steady level of tower requests within the last four years, the adoption of the Act and the forthcoming next generation of digital communication technology creates the potential that the number of tower proposals will rise sharply within the near future. Our policy committee will be researching the potential for tower proliferation in this area given our population demographics and market demand for communication services. Our current regulations that allow broadcasting towers by right in C2 and industrial zoning districts permit the placement of towers in these zoning districts based upon an administrative review of zoning compliance. A zoning ordinance change to permit broadcasting towers by special use permit in these districts will allow the Planning Commission and the Board to evaluate future tower proposals for compliance with the Act, our local comprehensive plan, and the impact of the proposed tower on the general community. The policy committee will be presenting a comprehensive set of recommendations for the Commission's and Board's consideration within the next six months. Implementing the committee's recommendations may require future code changes. Adopting an amendment at this time will insure that all towers are properly reviewed by the community during the committee process. • 414 ION U67.11Y Staff recommends as follows: 1. That the Board of Supervisors Commission prepare an amendment to would permit broadcasting towers as I2 zoning districts. Respectfully Submitted, TerranceHar 'ngton, AICP Director of Planning and Zoning Approved (x) Denied ( ) Received ( ) Referred ( ) To ( ) 14904 request that the Planning the zoning ordinance that a special use in C2, I1 and Approved, r Elmer C. Hodge County Administrator ACTIONMotion by: .-Nito aDDrove reauestina the ckens VOTE No Yes Eddy Harrison _x , Johnson x , Minnix x Nickens File Terry Harrington, Director, Planing & Zoning 3 Abs A-022597-4 ACTION # ITEM NUMBER MEETING DATE: February 25, 1997 Z -y AGENDA ITEM: Request from the School Board to amend the School Operations Budget to recognize additional revenues COUNTY ADMINISTRATOR'S COMMENTS: BACKGROUND: State funding for school divisions is determined by the average daily membership (ADM)based on the student count on September 30 and March 31 of each year. Sales tax revenues are budgeted each year based on the state's projections for collections in the following year. Non-resident student fees were increased from $100 to $500 for the 1996-97 school year for all new non- resident students accepted into the Roanoke County school system. SUMMARY OF INFORMATION: The school budget for 1996-97 was based on an ADM of 13,776. However, the September 30 enrollment was higher than budgeted and staff predicts that the March 30 enrollment will be 13,825 which is 49 students above the budgeted enrollment. As a result of the additional 49 students, the School Board will receive an additional $118,000 in unbudgeted state revenue during 1996-97. In addition, the state has made a mid -year adjustment to the projected sales tax collections for the year. The state is estimating an increase of $90,000 for the School Board. Based on past experience with the state projections, staff recommends increasing the sales tax revenue budget by $50,000. The increase in non-resident student fees this year will generate an additional $20,000 in revenue not yet budgeted. The additional $188,000, comprised of the above three revenue items, will be used to cover increased operating expenses in the following areas: 3 -Instructional Assistants ........................ $ 28,000 2 -Special Education Teachers .................. 50,000 Other Part -Time Staff ............................... 20,000 Textbook Allocation ................................ 30,000 Title VIB Flow-Thru................................. 31,500 Dumpster Pick -Up ..................................... 18,500 LegalFees............................................ 10,000 Increase in Expenditures ...............$188,000 See the attached spreadsheet for a line item comparison of the revenues using the budgeted enrollment versus the projected actual enrollment. FISCAL IMPACT: The School Operating revenues and expenditures budget will increase by $188,000 for the newly generated state and local revenues. No additional funding is requested. STAFF RECOMMENDATION: Staff recommends asking the County Board of Supervisors for the additional appropriation of $188,000. (�)ZAA_� 2 -- Jerry D. Hardy, Director Elmer C. Hodge Budget & Data Management County Administrator Approved (x) Denied ( ) Received ( ) Referred ( ) To ( ) ACTION Motion by: H. Odell Minnix to No approve staff recommendation andEddy x approve amendment of School Bd Harrison budget by appropriation of Johnson $188.000 Minnix Nickens _x File Jerry D. Hardy, Director, Dr. Deanna Gordon, School Diane D. Hyatt, Director, Budget & Management Superintendent Finance VOTE Yes Abs uwmo00NMl`OI�00000000 I�0MM0�0 N N 0000 000000 W 00 f- m M m O) o co M 11-0 r 0 r O IM W M 00 00 ' 066 00 O 00 r In CO N C3 r r 00 Z co Or""L0000)LOCO000001l-000000M0 N T,OLOMM,ONOLOM hNM LOLt)00 t-OCAON M[t0 hON0a) co 0 00 toNIqO00(0(00r-000 LONM (000(0 rMOOO �(0U-)0),-I`00L6CO(Och a Nd'00 OG� 40� O6Wg6C4 �04NITv—L0000�LC) ONrLO 000000 WCOCANO ., N N 0) Lf) 0 N r � N O";r � h r 00 R N N r r 00 h l (t) N 0 N M t1 N Q co to �MOI`-,tOOd'NI�LOM fl- OLf)CO�(OM00 CV) I--00000C'MO LDN(M CO LO 00 N LOIT0) 010N O r 0 �MCOCOLOt- COItI- CDCOCO NN00 14"0000 OCW) to to N a M COq,0000NOOL617( 'it N d'00 NOO rO& N LO �(MNd'MOLO000�LO r OSLO (0M00 CAMO O .. rONNOLOC14 Nr- 0) V Or00 efi Q O N N �- rl ti (G C% N M Re N N CD 46 co CO LLj LU LU ❑ > co z LUZ CZ :3 ❑ W .2 W 15 z)W �t—LL WWW OW LL (n W WW~W W W W w JO w W Cl) 0v¢j(aj QOV U) I- W O a) E- QQQ (nU--j0�0 I— H I— J J J c J 0 000 aaa oa H z�. 000 0 I -- Cl) W cn c E Y Z o �. c cZ c a ami~ W �(D O��:c �� > W a)C3 O � z L L ,.cam C O Cll CU QA0 W .;.: DTZ v W Q�06-6 "O E Ecncn—j —j C F- a �W�a)��ca� ���-� O_°��caca v�_ ca m 0=w 0'00 O O•-� N o0 (n (9 0 > CL W W w o� w (n (n o ( ¢ in in Y Lf) 0) LO rn W ❑ 00 A-022597-5 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: February 25, 1997 AGENDA ITEM: Approval of an Agreement with the Industrial Development Authority of Roanoke County COUNTY ADMINISTRATOR'S COMMENTS: ✓`�j/� �,rrwz-� This agreement documents the working relationship between the County and the Industrial Development Authority of Roanoke County ("IDA") for the successful management, administration, and implementation of economic development projects in the County. Over the past decade taxpayer -funded economic development projects have grown in complexity and sophistication. County staff and the IDA recommend that a more formal understanding between the Board of Supervisors and the IDA for the management, administration, and implementation of these economic development projects is necessary. This agreement accomplishes these goals. This agreement provides: that the IDA shall administer contractual obligations on behalf of the County; - that the County will provide IDA an appropriation of funds in support of its economic development purposes, but that the IDA shall not engage in such purposes absent such an appropriation; - that Economic Development staff shall provide technical assistance to the IDA; - that the County Purchasing Agent shall act as purchasing officer for the IDA, the County's procurement ordinance shall be the IDA's procurement policies; - that the County's financial staff shall be responsible for the financial administration of the IDA; - that the County will provide general liability and director's liability insurance coverage for the IDA; - that the IDA delegates to the County Administrator responsibility for project management and administration. 1 cc -75 - The IDA is a separate legal entity under the State Code. The Board appropriates funds to the IDA to accomplish many of its economic development projects. The Board provides significant administrative, clerical, financial, engineering, and legal staff support to the IDA. Constitutional and statutory restrictions limit the ability of local governments to provide "incentives" for the location of new business or the expansion of existing business, but industrial development authorities possess broader powers. This agreement memorializes current practices between the Board and the IDA in order to continue our recent economic development successes. No additional funds are required to implement this agreement. The Board appropriates funds to the IDA on a project -by -project basis. Staff support is currently provided within existing budgets. 4�I4_ Z•�__ • It is recommended that the Board approve this agreement, and authorize the County Administrator to execute it on behalf of the Board. Approved (x) Denied ( ) Received ( ) Referred ( ) To ( ) Respectfully submitted, Paul M. Mahoney County Attorney ACTION Motion by: Harry C. Nickensto approve agreement with minor cc: File Paul M. Mahoney, County Attorney Timothy W. Gubala, Secretary, IDA 2 VOTE No Yes Abs Eddy Harrison_ Johnson x Minnix x Nic -.ens x F, THIS AGREEMENT, made and entered into this day of February, 1997, by and between THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, (hereinafter known as "County") and the THE INDUSTRIAL DEVELOPMENT AUTHORITY OF ROANOKE COUNTY, VIRGINIA (hereinafter known as "Authority"). W I T N E S S E T H: WHEREAS, the Board of Supervisors of Roanoke County, Virginia, created The Industrial Development Authority of Roanoke County, Virginia pursuant to the provisions of the Industrial Development and Revenue Bond Act, Chapter 33, Title 15.1, 1950 Code of Virginia, as amended; and WHEREAS, the County has provided significant administrative, clerical, financial, engineering, and legal staff support for the Authority; and WHEREAS, this staff and professional support is critical to the Authority successfully completing and fulfilling its duties and responsibilities under the Code of Virginia and as requested by the County; and NOW, THEREFORE, for and in consideration of the mutual benefits accruing to the parties hereto, the parties do hereto agree as follows: 1. The County shall provide operational staff support and personnel to the Authority from existing County employees as herein provided. In particular, the employees of the Roanoke County Economic Development Department shall remain full time County employees but shall provide technical assistance to the Authority. 1 E - S The parties agree that said County employees shall not have the authority to obligate and bind the Authority unless the Authority, by prior corporate action authorizes and/or directs such employees to act on its behalf. The parties further agree, that with the prior approval of the Authority, said employees shall have authority to act as the agent of the Authority. In so acting as the agent of the Authority, said individuals shall perform such duties as may be specifically identified and approved in advance by the Authority. Said personnel support shall be available for any and all of the purposes and powers of the Authority set out in Chapter 33 of Title 15.1, "Industrial Development and Revenue Bond Act", of the Code of Virginia, 1950 as amended. 2. The County may appropriate funds to the Authority in order that the Authority may exercise its powers and purposes as authorized by law and this agreement. The Authority may expend such funds appropriated to it by the County for such purposes and services as the Authority deems necessary and appropriate including without limitation engineering, legal and accounting services. Unless funds have been appropriated by the County or the County has agreed to pay for said functions, the Authority shall not engage any such services. 3. The parties hereto acknowledge that the Authority, in its role as the Economic Development Agent for the County of Roanoke, may, from time to time be required to enter into certain contracts and agreements for the acquisition of services. The Authority hereby designates the County Purchasing Agent as the purchasing E &5 officer for the Authority for any particular Authority project, and, hereby incorporates by reference the provisions of Chapter 17, Procurement Code, of the Roanoke County Code as its policies and procedures with respect to such public procurement and directs the County Purchasing Agent to comply with the same. The parties further agree that the Purchasing Agent for Roanoke County shall act as the Purchasing Agent for the Authority. The County Purchasing Agent shall not make or approve any changes in Authority Contracts without the express authorization of the Authority. 4. The parties further agree that in furtherance of the administration of Authority projects, any County employee acting as an agent of the Authority shall, in the administration of said projects, be responsible solely to the Authority, it being the intent of the parties hereto that the Authority shall have full power to administer, according to its policies and procedures, all of its contractual obligations. 5. Notwithstanding the above, it is hereby agreed by the parties hereto that the County's financial officers shall be responsible for the administration of all checking and other Bank accounts of the Authority. The County does hereby agree to accept the responsibility for administration of said funds. The appropriate County employee shall provide monthly reports to the Authority of the status of such accounts in such form as is generally used by the County financial officers in reporting on all County accounts; provided, however, that the Authority shall have the right to require additional documentation should it so desire. 3 County financial officers shall be available to the Authority to answer inquiries concerning said accounts. 6. The County agrees to provide general liability and officer's and director's liability insurance coverage for the Authority. All costs for said insurance shall be borne by Roanoke County. 7. The Authority may delegate to the County Administrator, or his or her designee, on a project -by -project basis the responsibility for project management and administration. In the acceptance of this delegation of power for any particular project, the County Administrator accepts on behalf of any County employees or agents working on said project, the responsibility for the faithful execution and performance of the delegated powers. 8. This Agreement may be terminated by either of the parties upon the giving of sixty (60) days written notice to the other party. Should this Agreement be terminated, each of the parties agrees to fulfill its obligations hereunder as to any projects presently being undertaken at the time of the termination of this Agreement. IN WITNESS WHEREOF, the parties have made and executed this Agreement on the day and year first hereinabove written. BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA By Chairman 4 THE INDUSTRIAL DEVELOPMENT AUTHORITY OF ROANOKE COUNTY, VIRGINIA By Chairman G:\ATTORNEY\PMM\IDA.AGR AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, FEBRUARY 25, 1997 ORDINANCE 022597-6 APPROVING AN OPTION TO PURCHASE AGREEMENT WITH EVA M. BURRITT FOR FIVE FEET OF LOT 14, THE EASTERN 25 FEET OF LOT 14, LOT 13, AND LOT 12 ON MAP OF FORT LEWIS ESTATES (PLAT BOOK 3, PAGE 51), AUTHORIZING THE EXERCISE OF SAID OPTION, AND AUTHORIZING ASSIGNMENT OF THE CONTRACT TO THE INDUSTRIAL DEVELOPMENT AUTHORITY OF ROANOKE COUNTY IN CONNECTION WITH THE KROGER PROJECT WHEREAS, by Resolution #012897-12, the Board of Supervisors of Roanoke County authorized and approved an economic development project, known as the Kroger Project, authorized execution of a Performance Agreement with the Industrial Development Authority of Roanoke County, Virginia, ("IDA"), and the Kroger Co., and appropriated the sum of $1,780,000 to pay for the County's and the IDA's performance obligations under the Agreement; and, WHEREAS, by Option to Purchase Agreement dated January 27, 1997, Eva M. Burritt granted unto the Board of Supervisors of Roanoke County, Virginia, an option to purchase portions of lot 14, and all of lots 13 and 12 on the map of Fort Lewis Estates (Plat Book 3, Page 51), being further shown on the Roanoke County land records as Tax Map Numbers 55.03-1-17, 55.03-1-16, 55.03-1-15, and 55.03-1-14 ("the Property"); and, WHEREAS, under the terms of said agreement, the purchase price for the Property is $315,000 and the option must be exercised on or before February 28, 1997; and, WHEREAS, the agreement provides for settlement within 30 days of the notice of exercise of the Option, but possession by the County (or its assignee) is subject to the condition that Eva Burritt will be entitled to retain possession of the buildings for storage of personal belongings and property until May 31, 1997, with access thereto, unless the County/IDA, at its expense, moves the personal property to a bonded storage facility and bears the cost of storage through May 31, 1997, if possession of the buildings or commencement of construction is necessary prior to that date; and, WHEREAS, the property is necessary for relocation and construction of Garman Road, and the funds are available to the IDA in the Kroger - IDA account as appropriated by the Board on January 28, 1997; and, WHEREAS, pursuant to §15.1-511.1 of the Code of Virginia (1950, as amended), the Board of Supervisors is authorized to donate and assign its rights under said Option to Purchase Agreement to the IDA, in order for the IDA to fulfill the County's and the IDA's obligations under the above-described performance agreement in furtherance of the purposes for which the IDA was created; and, WHEREAS, Section 18.04 of the Roanoke County Charter directs that the acquisition and conveyance of real estate interests be accomplished by ordinance; the first reading of this ordinance was held on February 11, 1997; the second reading was held on February 25, 1997. THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the Option to Purchase Agreement dated January 27, 1997, between Eva M. Burritt, Grantor, and the Board of Supervisors 2 of Roanoke County, Virginia, Grantee, and the terms and conditions provided for in said agreement, is hereby approved and the execution of said agreement by the County Administrator is hereby authorized and ratified. 2. That the County Administrator is hereby authorized to exercise the option to purchase from Eva M. Burritt the following described real estate, to -wit: All those certain lots or parcels of land together with any improvements thereon, rights incident thereto, and appurtenances thereunto belonging, situate in the County of Roanoke, Virginia, on the south side of U.S. Route 11/460 being designated and described as 5 feet of lot 14, the eastern 25 feet of lot 14, lot 13, and lot 12 on the map of Fort Lewis Estates recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Plat Book 3, Page 51, reference to which is hereby made for a further description of said property, said real estate being further shown and designated upon the Roanoke County land records as Tax Map Numbers 55.03-1- 17, 55.03-1-16, 55.03-1-15, and 55.03-1-14. 3. That, upon exercise of the option, the County Administrator is hereby authorized and directed to assign the County's contract rights under said Agreement to the Industrial Development Authority of Roanoke County, which shall proceed with purchase of the Property for the sum of $315,000, subject to the terms and conditions provided in the Agreement, and the IDA shall assume all obligations and responsibilities of the County provided for in the Agreement. 4. That the County Administrator or Assistant County Administrators are hereby authorized to execute such documents and take such actions on behalf of Roanoke County in this matter as are necessary to accomplish the exercise of the option and assignment 3 of the contract to the IDA, all of which shall be approved as to form by the County Attorney. 5. 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 A COPY TESTE: Mary H. Allen, Clerk Roanoke County Board of Supervisors cc: File Timothy W. Gubala, Director, Economic Development Paul M. Mahoney, County Attorney 0 b0'd T00'ON to � U Q o tj Z�:B 96 3 M ST Inf SVT9Z820VST:�31 � a �v I log 0 1 M' 1155�myyyyq A(S �a4ga f 4 „7 r4yN4 � n 2�Yati 5 �� e9rl;� ej 0 ti lid v I s�af3 ` 4 .OQ SVT9Z820VST:�31 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, FEBRUARY 25, 1997 ORDINANCE 022597-7 AUTHORIZING CONVEYANCE OF A SANITARY SEWER EASEMENT TO THE TOWN OF VINTON ACROSS STONEBRIDGE PARK PROPERTY OWNED BY THE BOARD OF SUPERVISORS WHEREAS, the Town of Vinton has requested an easement for sanitary sewer purposes across property owned by the Roanoke County Board of Supervisors, one parcel being located southwest of Tulip Lane (Va. Route #1017) and three parcels lying northeast of Tulip Lane and south of Mountain View Road (Va. Route #651), said property being known as Stonebridge Park in the Vinton Magisterial District of the County of Roanoke, Virginia; and, WHEREAS, the Town of Vinton requires the easement to extend sanitary sewer service to existing and future residences in the general area, and initially to the subdivision of Wolf Creek; and, WHEREAS, the location of the proposed easement would not interfere with organized activities at the Park and would have little or no impact on future use and development of the 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 Town of Vinton and 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 February 11, 1997; and a second reading was held on February 25, 1997. 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 the Town of Vinton for the provision of sanitary sewer service. 3. That donation of an underground easement, twenty feet (201) in width, for sanitary sewer purposes across and through the properties known as Stonebridge Park, the location being shown and designated as "NEW 20' SANITARY SEWER EASEMENT" and "NEW SANITARY SEWER EASEMENT" upon the plat showing 'New Sanitary Sewer Easement Being Granted To The Town Of Vinton By Roanoke County Board Of Supervisors,' dated August 8, 1996, prepared by Lumsden Associates, P.C., Engineers -Surveyors -Planners, is hereby authorized. 4. That the County Administrator or an Assistant 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. 5. That this ordinance shall be effective on and from the date of its adoption. On motion of Supervisor Nickens to adopt the ordinance with editorial change suggested by Supervisor Eddy, and carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None 2 A COPY TESTE: Mary H. Allen, Clerk Roanoke County Board of Supervisors cc: File Pete Haislip, Director of Parks and Recreation Arnold Covey, Director, Engineering & Inspections Gary Robertson, Director, Utilities Paul M. Mahoney, County Attorney Terry Harrington, Director of Planning & Zoning 3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, FEBRUARY 25, 1997 RESOLUTION 022597-8 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 February 25, 1997 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 Item 1, as follows: 1. Approval of Minutes - January 14, 1997. 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 Johnson to adopt the Consent Resolution, and carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None COPY TESTE: Mary H. Allen, Clerk Roanoke County Board of Supervisors cc: File AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, FEBRUARY 25, 1997 RESOLUTION 022597-9 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: Brenda J. Holton, Deputy Clerk Roanoke County Board of Supervisors cc: File Executive Session AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, FEBRUARY 25, 1997 ORDINANCE 022797-10 GRANTING A SPECIAL USE PERMIT TO JEAN MCDOWELL TO OPERATE A HOME BEAUTY SHOP AT 6187 BENT MOUNTAIN ROAD (TAX MAP NOS. 96.01-3-14 AND PART OF 96.01-3-36), WINDSOR HILLS MAGISTERIAL DISTRICT WHEREAS, Jean McDowell has filed a petition to operate a home beauty shop located at 6187 Bent Mountain Road (Tax Map No. 96.01-3- 14 and part of 96.01-3-36) in the Windsor Hills Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this matter on February 4, 1997; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first reading on this matter on December 17, 1996; the second reading and public hearing on this matter was held on February 25, 1997. 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 Jean McDowell to operate a home beauty shop located at 6187 Bent Mountain Road (Tax Map No. 96.01-3-14 and part of 96.01-3-36) in the Windsor Hills Magisterial District is substantially in accord with the adopted 1985 Comprehensive Plan pursuant to the provisions of § 15.1-456 of the 1950 Code of Virginia, as amended, and said Special Use Permit is hereby approved with the following conditions: (1) That Jean McDowell shall be the sole provider of hair care services at this location and may only do so as long as she is a full time resident of 6187 Bent Mountain Road; (2) The salon shall be limited to one chair only; (3) The retail sale of supplies shall be prohibited; (4) This special use permit shall be for a period of one year and may be renewed administratively for successive one-year periods provided the applicant has complied with these conditions and the use and design standards and zoning administrator has not received written complaints from adjoining residents. 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: rV Mary H. Allen, Clerk Roanoke County Board of Supervisors cc: File Terry Harrington, Director, Planning & Zoning Arnold Covey, Director, Engineering & Inspections John W. Birckhead, Director, Real Estate Assessment Paul M. Mahoney, County Attorney 2 N R -2 ESTATES F N CR a ' CGE pOAGES MILL j ` Xv. • Q.cQi 3� R_ ' 111.1 41 1p.Sl AcO Ia30Pe ICC I i Ag DEPARTMENT OF PLANNING JEAN MCDOWELL AND ZONING SPECIAL USE PERMIT 96.01-3-14 ' o/0 96.01-3-36 I al LT?. i u AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON FEBRUARY 25, 1997 RESOLUTION 022597-11 OF SUPPORT FOR A VIRGINIA COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATION FROM TOTAL ACTION AGAINST POVERTY (TAP) FOR A MICROENTERPRISE GRANT WHEREAS, Total Action Against Poverty (TAP) has requested that Roanoke County participate in a regional application on its behalf for TAP's Entrepreneur Training and Microenterprise Loan Program, and WHEREAS, Roanoke County, the City of Salem, and other non - entitlement communities in the 5th Planning District Commission, willingly joins in this application and endorses a regional effort to enhance business startups for low and moderate income persons, and WHEREAS, Total Action Against Poverty is requesting $160,000 of loan money which will be used toward creating two to five new businesses, of which 51% of the employees, will be low- to moderate -income; and WHEREAS, Roanoke County has provided its citizens adequate opportunities to participate in the development of this application by satisfying the citizen participation requirements, including holding two public hearings on February it and 25, 1997 and has provided legal notice of these meetings, posted notices of the Microenterprise Loan program to advertise its availability; SO THEREFORE BE IT RESOLVED, that the Roanoke County Board of Supervisors supports Total Action Against Poverty's application for Virginia Community Development Block Grant Funds for 1 Microenterprise Loan Capitalization and authorizes the County Administrator to execute all necessary grant application documentation on its behalf and to make such assurances as may be necessary, all on a form approved by the County Attorney. On motion of Supervisor Johnson 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, Clerk Roanoke County Board of Supervisors cc: File Timothy W. Gubala, Director, Economic Development Annette Lewis,Total Action Against Poverty 2