Loading...
HomeMy WebLinkAbout10/28/1997 - Adopted Board RecordsAT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, OCTOBER 28, 1997 RESOLUTION 102897-1 AUTHORIZING THE EXECUTION OF A THREE YEAR CONTRACT FOR DENTAL INSURANCE FOR ROANOKE COUNTY EMPLOYEES AS PART OF THE ROANOKE VALLEY CONSORTIUM WHEREAS, the County of Roanoke has participated with the other local governments in the Roanoke Valley in exploring the possibilities of purchasing joint health and dental insurance for local government employees; and, WHEREAS, after compliance with the provisions of the Virginia Public Procurement Act, Delta Dental Plan of Virginia has been selected as vendor to provide regional dental insurance benefits for the employees of the participating local governments; and, WHEREAS, initial plan participants shall include the County of Roanoke, County of Roanoke Schools, City of Roanoke, Roanoke Regional Airport and the Roanoke Valley Resource Authority (the Roanoke Valley Consortium). BE IT RESOLVED, By the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the County Administrator is hereby authorized to execute, on behalf of the County of Roanoke, a contract for dental insurance with Delta Dental Plan of Virginia for a three year period beginning January 1, 1998 and ending December 31, 2000, all upon from approved by the County Attorney. Roanoke County will participate in this contract as a member of the Roanoke Valley Consortium of local governments. 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 of Supervisors cc: File Diane D. Hyatt, Director, Finance Joseph Sgroi, Director, Human Resources Dr. Deanna Gordon, School Superintendent W. Robert Herbert, Roanoke City Manager Jacqueline L. Shuck, Executive Director, Roanoke Regional Airport John R. Hubbard, CEO, Roanoke Valley Resource Authority 2 A-102897-2 Item No. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER IN ROANOKE, VIRGINIA, ON TUESDAY, MEETING DATE: October 28, 1997 AGENDA ITEM: Request by Total Action Against Poverty for Roanoke County to enter into a joint agreement with The City of Salem and the City of Covington for the management of MicroEnterprise Loan Funds COUNTY ADMINISTRATOR'S COMMENTS: EXECUTIVE SUMMARY: The Roanoke County Board of Supervisors previously endorsed a regional Community Development Block Grant (CDBG) application in March 1997 from Total Action Against Poverty (TAP) to the Virginia Department of Housing and Community Development (VDHCD) for a grant for $160,000 to establish a MicroEnterprise loan fund. This application was leveraged by a pool of local bank loan funds ($75,000), a Virginia Economic Initiative grant ($70,000) from VDHCD-Rural Development program and $12,847 of in-kind contributions. TAP was successful in obtaining the grant funds and has drafted a management plan following a format provided by VDHCD. Since the MicroEnterprise grant request was over $100,000, VDHCD allowed TAP an additional administrative budget of $60,000 to oversee the loan fund for a two year period. Copies of the grant application grant budget, and MicroEnterprise Program budget are attached. The MicroEnterprise loan program requires that loan applicants participate in a training program, develop a business plan and work with TAP's loan review committee and mentoring Board. A program design is attached for information. The agreement recognizes that the City of Salem is the grant administrator for the loan fund. The $100,000 grant will be divided equally among the recipients and Roanoke County residents will be allocated a loan pool of $33,333. The project oversight committee will oversee the loan pool. The Director of Economic Development has been asked to serve on the project oversight committee. Staff requests that the Board of Supervisors approve the draft agreement and authorize the County Administrator to execute the final agreement on the form provided by Total Action Against Poverty. The City of Covington and City of Salem have approved the agreement at Council meetings during October 1997. E -/ ALTERNATIVES: 1. Approve the attached agreement and authorize the County Administrator to execute same on behalf of the Board of Supervisors. 2. Do not approve the agreement at this time. STAFF RECOMMENDATION: Staff recommends that the Board of Supervisors approve Alternative 1 and authorize the County Administrator to execute in final form, the attached draft agreement to establish the MicroEnterprise Loan Fund. Respectfully submitted: S /, 1 ' hd'172� imothy W. ubala, Director Department of Economic Development E-1 Approved (x) Denied ( ) Received ( ) Referred ( ) To ( ) Approved: Elmer C. Hodge County Administrator ACTION Motion by: Lee B. Eddy to approve agreement Eddy Harrison Johnson Minnix Nickens cc: File Timothy W. Gubala, Director, Economic Development VOTE No Yes Abs. _X _X X_ X_ L !! AGREEMENT BETWEEN THE CITY OF SALEM, THE CITY OF COVINGTON, um THE COUNTY OF ROANOKE MICROENTERPRISE LOAN FUND PROJECT COMMUNITY IMPROVEMENT GRANT E. _/ AGREEMENT Microenterprise Loan Fund Project This agreement is made this day of , 1997 among the City of Salem, the City of Covington, and the County of Roanoke. WITNESSETH That for and in consideration of the mutual covenants and legally binding agreements herein contained, the said parties do agree as follows: 1. The City of Salem, serving as lead applicant, submitted a regional application to the Virginia Department of Housing and Community Development (VDHCD) for Community Development Block Grant (CDBG) in the development and implementation of a regional microenterprise loan fund and technical assistance project. VDHCD has offered a grant award of up to $160,000 in CDBG funds to the City of Salem as the applicant for this regional project. It is mutually agreed by each party hereto that the City of Salem shall accept this award and act as the CDBG grantee complying with all applicable regulations of the CDBG program. 2. The project activities include the provision of training and technical assistance to potential loan applicants and to all borrowers from the loan fund, and the establishment and implementation of a regional loan fund with allocations for the first year of the project being $33,334 for the City of Salem, $33,333 for the City of Covington, and $33,333 for the County of Roanoke. At the end of one year of operation, pending approval by VDHCD, all unallocated CDBG funds budgeted for loans will be pooled together from the three jurisdictions, initial allocations and made available for subsequent loans to applicants from the three jurisdictions based on the Program Design for the project. 3. The City of Salem will adopt a Local Business and Employment Plan during the DHCD precontract period. This Plan will include provisions for meeting local business and employment requirements within Roanoke County and the City of Covington. Roanoke County and the City of Covington shall endorse this Plan. 4. The City of Salem, through TAP, a non -stock corporation, acting as its agency has secured financial assistance through the VDHCD Center on Rural Development in the form of a grant of $70,000 to assist in the administration of a regional Microenterprise Loan Fund. 5. In its capacity as CDBG Grantee, the City of Salem shall assume primary responsibility for matters pertaining to compliance activities required by the CDBG Program. In this capacity, the City shall be assisted by TAP, which has been contracted through sole source procurement, in accordance with applicable regulations, to implement the project in accordance with the Program Design. - / 6. As the CDBG grantee for this regional project, the City of Salem is solely responsible for the administration of the CDBG project budget, and will review and authorize all financial transactions related to this project in accordance with CDBG program regulations. The City of Salem will be the entity empowered to request CDBG funds from VDHCD and will be responsible for establishing required bank accounts and financial management procedures including all financial monitoring and the completion of an annual audit for submission to VDHCD. 7. The City of Salem, the City of Covington, and the County of Roanoke shall each appoint one representative to a Project Oversight Committee. Witness the following signatures: Randolph M. Smith, City Manager Salem, Virginia John M. Holpe, City Manager Covington, Virginia Elmer C. Hodge, County Administrator Roanoke County, Virginia. Date Date Date �1 State of Virginia; of to City or County Name of locality wit: Subscribed and sworn to before me this day of , 1997. My commission expires 19 Signature of Notary Public State of Virginia; of to City or County Name of locality wit: Subscribed and sworn to before me this day of , 1997. My commission expires 19 Signature of Notary Public State of Virginia; .of to City or County Name of locality wit: Subscribed and sworn to before me this day of 1997. My commission expires 19 Signature of Notary Public 10/21/97 10:56 FAX 703 343 8544 997 cc)M iUNITY IMPROVEMENT GRANT I _ Apptic-xril; ' 4. Projeef Type. Microe-aterpr3se_ Assistance 2. Chicf Trlectcd OCCici;wl: Eob L ...Johnson, Chid=;_;Tri loanolce County Board of ;upervzsors 5. project dame: TAP tntrepreaenr Training and H1tro&nterpr;.am Loan Program PART I [a 003 SUMMARY 3. l,.otal vera lent Address: --P_0_� x_298ao_—_ .Roanok, VA 24018-0798 G, Contact Pcrson: Anel: a Lewis (540) 982-3059 phant: 7. !'reject Cosmo 8. R¢�ionpt"ro ject VCDBCG $r,160C 000 x Yes No if yes, list o er participants and State 70,000 CDBG $ request Fed. ({`want) LocalitV A matin Fed- (Loam) Local 75,000 1City of 9al.am $332333.34 Private 12.847 2) Aaam_oke County $33,333.33 Total $ 317,847 3) City of Covington $33,333.33 9. List Activities N2flonAl Objective National Objective A. Administration - H. B. Inter A.SS15tanCe JZR 1. C. bemolitionlClearmce J. ----- D, Microenterprise 1,oau LHI K. F. Capitalization (Economic Y.,F. Development) - M_ -- G N. 14. Two (2) Grant Eligibility Buie: Do you have an ext�sting CIG?? Yes r I x No Amount Awarded If yes, percentage of Cl)BG construction completed, funds drawn down and expended is _ to ole Amount requested in this proposal. $ Are you also submitting a second 00 proposal? Yes No Amount -- 11. To the best of my knawledge and-balief, data in this proposal are Prue and correct, the proposal has been duly authorized by the goverirzng hotly of the applicaA citizen parik ipation requirements have been fret and die proposal wars subn:itiedforPDC'review. ChsaP AdmJnistrative Officer: ' 9-"' �- Name- Elmer C. Hodge Signature_ TitIC: Coumty Administrator Date. March 24, 1997 (Please include a Resolution(s) in A.TTA,CZ~ i NT i - See Inst ctions) CIG -1 Qp P 10/'21/97 10:56 FAX 703 343 8544 4E 2005 A ll�s a-;Qo > C%l ¢ n ' Tr-, , a I -C'`. Get ► a n rags 0o. �. tb � a w • 1--' a, r• c9 m ns tb n, � Ln s .-. co m o o tb (n rt O m rte{ + V V '� G Q o C , CDa A 0 m m CL a ��n� � a w o a' cr M _ 00 _ o o ► ' �D a c cp ~ n n M O 'R y} R @ W O •C v' Q �i Ca W' n rj O. rti cin m F � P rt m H y m "A ri Uj rr as m � M b C ro aCD a er ID �9 C H 0 o Cl • H i ft R CD b n� b � C O 10/21/97 10:56 FAX 703 343 8544 2006 �i r�o•aH�n '� w � w n r�'no w ro +-dn'-drbe�zr��bc� r br�xN - T�' Fs C m K C7 rt o m I -L o0 �fSl r�i ro C� fb t9 CS O W O K Q 1"ro yrs •d rt m ►-+ va !!n an ao tc 1 m Ov 4) f� f7 m �• N � � � � r+f *i G7 � o -•h �i 4] t� N W n o rro- rho n n n to rn r -r Q i rs O re rr ri � i I i I r O- chCDOtn W %0 LA z00 W W r— 0 m rqL" oO-.1OCD0 r %M to tV r Q Q 03 CSD 000 O d p p (A C] th Ul 0CDUQ00 W H rr H H H G7 F- r m 2, 6' fa t-- 0 CC rS lb rt t f _ ton C CO 0 0 a -fl ri �C r t� 0t u ro .14 a14219 0 m F -h " " Q ri oy C+i tic rpt 1�- rQn r1l ro ro ~ m w to �n -.I tD l0 1p•y]J• Q3 QO (p W21/97 10:56 F.kX 703 343 8544 MICROENTERPRISE LOAN FUND nuDCFT DRAFT OCTOBER 14, 1997 -- JUNE 31, 1999 YEAR 1 OCTOBER. 1d, 1997 - JUNE 30f 1998 SALARIES Program Specialist (eff. Nov. 1) 10.26 x 40 x 34 wks + 2 dye FRINGE BENEFITS__ ANNUAL LEAVE 10.26 x 40 hrs FICA 14,118 x 7.65% HEALTH/LIIIE 14,118 x 2.02% PENSION - 1,690 HEALTH/LIFE 22,090 VUTA 81000 X 3.78% WC 14f118 x .80% LTD 14,118 x .07% EAP 16 x 1 FICA ACCRU 41.0 x 7.65% TOTAL FRINGE BENEFITS OTHER EXPENSES General Insurance Equipment Travel (Local) Travel. (Out of Town) Advertisement Training/Tuition Project Material Dues/subscriptions Space Telephone 14,118 x 2% 14,11q = 41C - 1,08C = 285 = 0 302 113 10 = 16 31 2,247 282 - 3,100 800 800 - 250 150 1,000 100 - 900 250 TOTAL OTHER EXPENSES = 7,632 YEAR 2 JULY 1, 1998 - JUNE 30, 1999 SALARIES Program Specialist 10,62 x 40hrs x 52 wks = 22,090 FRINGE BENEFITS ANNUAL LEAVE 10.62 x 40 hrs x 2 wks = 850 FICA 22,090 x 7.65% - 1,690 HEALTH/LIFE 22,090 x 15.68% = 3,464 PENSION = 0 V=A 8,000 x 3.78% = 302 WC 22,090 x .80% 177 LTD 22,094 x .54$ - 119 EAP 16 x 1 = 16 FICA ACCRU 850 x 7.65% = 65 TOTAL FRINGE BENEFITS • = 6,683 2007 10/21/07 10:56 FAX 703 343 8544 OTHER EXPENSES General Insurance Travel (Local) Tra Vel ( out of Town) Advertisement Training/'Tuition Project Material Dues/Subscra.ptions Space Telephone 221090 x 2% TOTAL OTH2R EXPENSES TOTAL BUDGET YEAR I TOTAL BUDGET YEAR 2 TOTAL BUDGET = 442 1,200 1,538 50o 450 1,000 350 1,200 550 7,230 = 23,997 = 36,003 60,000 N PROGRAM DESIGN TAP'S THIS VALLEY WORKS ENTREPRENEUR TRAINING AND MICROENTERPRISE LOAN PROGRAM The Entrepreneur Training and MicroEnterprise Program has four parts: Training, Technical Assistance, Loans, and Follow Up. Program Concept -This program is intended to serve low -to -moderate income individuals seeking to own or grow a very small business. Components of the program include business training, technical assistance, loans, and follow-up assistance. Program Oversight - An Advisory Committee has overall oversight responsibilities for this program. The committee includes representatives of participating jurisdictions, as well as business people, bankers, advocates, and staff of community organizations. The committee meets once per month to discuss program objectives, performance and needs. Participants are invited to committee meetings to discuss their experiences as a result of involvement in the program. Representatives from Salem, Roanoke County, and Covington will serve as an Oversight Committee for the microenterprise loan fund in these jurisdictions. Meetings will include update on training and loan distribution. Activities of this committee will be reported to the Advisory Committee. Loan Pools - It is a premise of this program that many low -to -moderate income individuals often find it difficult to obtain financing for a new business through conventional bank loans. Therefore, a key element of this program is the establishment of a revolving loan pool in each of the participating jurisdictions. Initially, the loan pools will be established in the amount of: Salem - $33,333.34 Roanoke County - $33,333.33 Covington - $33,333.33 Loan pool funds may be matched, as appropriate, with loan funds received from Crestar, NationsBank, First Union, First Virginia, and Signet. This will have the effect of expanding available loan funds for each jurisdiction. Loan pool funds maybe reallocated only with approval of the loan fund oversight committee. Program Eligibility - The program is designed for those who desire to start small businesses and for those who need assistance in growing their current small businesses. Businesses must be operated in one of the following localities: the cities of Covington and Salem, and the county of Roanoke. Loan Applicants or 51% of their employees must meet HUD income guidelines. Loan applicants must be 1S years of age or older. Program Promotion - To promote the program, brochures, flyers and/or posters are provided to all area television and radio stations, libraries, Departments of Social Services, social service agencies, and other area agencies that serve the program's target market. Program participants and program staff promote the program through informational presentations. Through the Virginia Employment Commission (VEC) a member of our staff speaks monthly to the unemployed during a session on job, career, and resource information. Brochures containing program information and program training schedules are mailed to potential program participants. Program Referrals - The program receives referrals from and makes referrals to the Small Business Development Center and SCORE. Through our mutual cooperation, the three programs are better able to assist potential owners and operators of small businesses through start up and growth. TRAINING PROGRAM Training Locations and Schedule - Training sessions are held in convenient locations that are easily accessible to the geographical areas served by the program. The sessions are offered monthly. The monthly sessions are offered on a rotating basis throughout the geographical areas served. Training Program and Curriculum - The Training Program offers five -four hour classroom sessions per month. Each program participate is given a training manual. Training includes: Session I - Orientation and Program information (1 hr.) Business Research and Resources (1 hr.), Self -Assessment, Goal Setting and Problem Solving (2 hrs.) Session II - Product/Service Description, Market Research and Advertising Plan (2 hrs.), Costs and Pricing Methods (2 hrs.) Session III - Business Plan Format and Financial Projections (2 firs.), Legal Requirements - Licensing, Regulations, and Home -Based Businesses (2 hrs.) Session IV - Taxes and Record Keeping Requirements (2 firs.), Risk Management (1 hr_), Business Entities, Management and Tax Considerations (1 hr.) Session V - Informational Session by Small Business Owner, Program's Training Coordinator, and Program's Loan Officer (3 hrs.); Awarding of Certificates for Completion of Training (1 hr.) E-/ TECHNICAL ASSISTANCE One -to -One Technical Assistance is provided to those people who have (a) completed the Training Program as indicated by a Certificate of Completion (Awarded to Training Program participants who have attended four of the five class sessions.), or (b) completed a business plan, or (c) demonstrated the ability to complete a business plan without the need to participate in the four class Training Program. One -to -One Assistance primarily focuses on the completion of the written business plan, but also provides assistance in business and personal problem solving, referrals, informational sources, and mentoring contacts. Technical Assistance for business plan development includes: A review of the contents of the business plan, with emphasis on the marketing/advertising plan, start-up costs and financial projections if individual has completed the Training Program. If the individual has not participated in the Training Program, the one-to-one sessions begin with an introduction to the program, completion of program application and forms, and introduction to the business plan format. The one-to-one sessions strive for the completion of the written business plan by obtaining clarification of specific points in the business plan and by firming up time lines for starting or growing the business through the development of planning calendars. Technical Assistance provides a smooth transition for the potential loan applicant to meet the Loan Officer and to review the loan application process. FOLLOW-UP ASSISTANCE Follow -Up Assistance provides on-going technical assistants with program participants who are starting a business or enhancing an existing business. Workshops are offered for program participants who are business owners on record keeping, taxes, marketing, credit counseling, and specific topics applicable to specific businesses or specific business needs. After loan approval, borrowers will receive continuing technical assistance at least one session lasting one hour on a monthly basis. Technical assistance is provided on site at the borrower's business at least twice quarterly. The purpose of this assistance is to help solve problems or concerns before they escalate. Business plans are reviewed with loan applicants, keeping the Loan Officer abreast of changes in the implementation of the business plan and revisions in the plan. Follow -Up Technical Assistance is also provided by a Mentoring Board set up by the MicroEnterprise Loan staff. The board is comprised of professional individuals with small business experience: an accountant, a lawyer, an insurance agent, a small business owner, and a financial counselor from the Consumer Credit Counseling Service. They focus on the concerns/problems of the borrowers and make applicable recommendations. Additional mentoring is provided to borrowers and non -borrowers through SCORE, the Small Business Development Center, and business owners who provide mentoring for specific product/service problems. Continued contact through workshops, one-to-one technical assistance, and mentoring provide guidance for business stability and growth. Loan Review Committee - The Loan Review Committee (LRC) is comprised of members (local bankers, small business owners, insurance agent and a TAP financial officer). The LRC will review all applications and make recommendations to the loan officer for approval or denial. The Entrepreneur Training and MicroEnterprise Loan Program's Director, Coordinator and Loan Officer will also attend the committee meetings but will not be voting members. Loan Approval - The LRC will receive loan applications with business plans no later than two weeks prior to its regularly scheduled meeting held on the fourth Friday of each month at 7:30 a.m. The LRC will review the loan application and business plans without the presence of the loan applicants. The LRC can request the presence of an applicant to address specific questions that cannot be answered by TAP staff and have not been fully addressed in the loan application and business plan. Each LRC member will record its loan decision on an appropriate form. In the event of a tie, the program dean, Dr. James "Jim" Lang, VA Tech Strickler Professor of Entrepreneurial Studies, will review the loan application and business plan to make the tie breaking decision. Loans approved by the LRC will be awarded to the borrower within a thirty day period. Lending Models - Individual Lending - Individuals who have completed classroom training and prepared a detailed business plan and an environmental assessment as required that indicates business viability may complete an application to the Entrepreneur Training and MicroEnterprise Loan Fund for a loan. The process and criteria for this type of loan will not be unlike that of a commercial loan. Credit checks through the nation credit service will be secured for all loan applicants. Individual loans will be for at least $99 and not more than $25,000. They must have at least three positive references from people who are not relatives. They must be LMH or will certify that at least 51% of the individuals to be hired by their business as a result of this loan will be LMH. All applications must submit business plans that clearly identify the target market, marketing strategy, equipment costs, personnel needs, and a projected budget. All applications must include a plan for loan repayment. SMI TAP ENTREPRENEUR TRAINING AND MICROENTREPRISE LOAN PROGRAM UNDERWRITING GUIDELINES I. ELIGIBILITY: A. Business Skills - Borrowers must complete the Entrepreneur Training course as evidence by the completion of a Business Plan which indicates business viability. B. Income - Borrowers' household income must not exceed HUD income guide- lines for their jurisdiction, or borrowers must employ or contract to employ persons with household incomes at or below the applicable income level. C. Location Eligibility - Businesses or planned businesses must be located within the project service area of the fifth planning district. The location of the business rather than the place of residence of the borrower shall determine eligibility and the loan pool from which loans would be made. D. Credit - Applicants must reasonably explain judgments, bankruptcies, tax liens, bad checks, and 60 day past due accounts. Bankruptcies must not be within the past 12 months. Taxes must be current. Applicants must also pro- vide references (not related), who will attest to their character. E. Credit Counseling - Borrowers must attend a Consumer Credit Counseling Budget Money Management Class. There's no charge for the 1 1/2 hour session. F. Age- Borrower must be at least 18 years of age. G. Loan Amounts- Loan amounts should not exceed $10,000. Persons needing loans of more than $10,000, should be referred to banks servicing SBA loans or considering applications for loans above $10,000. If TAP's micro loan fund is the only source of funding and the business is viable, participating loan banks must be informed of the need to lend beyond the $10,000, maximum amount. At no time will loans exceed $25,000. *With the addition of a CDBG (Community Development Block Grant) Loan Pool, the loan limit for the City of Salem, Covington, and Roanoke County is $25,000. The first $10,000 of a loan will come from the bank loan pool with the remainder from the CDBG loan pool. G. The loan committee will make the final decision as to which applicants will receive the loans and the amounts of the loans. G. Terms- Loan terms will vary based on the size of the loan. a. $10,001-25,000 Five years b. $5,000410,000 Three years c. $1,000-$4,999 Two years d. $500-$99 One year H. Payment and Collection- All loan payments will be payable monthly on the first of the month. Loans will be payable to TAP Microenterprise Loan Fund. Loan payments will commence not less than 30 days from the loan closing. I. Business Plan- All borrowers must complete a business plan which indicates business viability. J. Collateral -Loans will be backed by collateral to the maximum extent feasible as determined by the loan committee. K. Purposes - Business related expenses will include capital investment, inventory, supplies, services (including labor), space, overhead, and promotional activities. L. Client Files - Files will be maintained on each loan applicant which will include application, loan status, and other pertinent information. M. Agreements - All loans will be documented with written agreements executed by the Project Director and the applicant. Agreements will contain at a minimum: Loan amount, terms, interest rate, purpose, collateral, and hiring of LMI workers. Applicants will also agree to maintain records that will help in tracking of LMI workers. N. Defining and Managing Delinquency- It will be the responsibility of the Micro - enterprise program staff to develop procedures for dealing with delinquency and default. These procedures will be reviewed and approved by the Loan Review Committee and the Advisory Committee, and included herein by subsequent amendment to the Program Design. General principles should include the following: Missed payments will trigger an immediate response within 5 days that will both assess the cause of the delinquency and alert the client that their situation has been noticed. • A formal, clearly defined collection policy will limit the need for subjective judgment calls by staff. II REQUIREMENTS OF BORROWERS: A. All borrowers will be required to establish a separate business or personal checking account with funds received from loan proceeds. B. All borrowers will be required to establish a simple accounting system to record all expenses and income. Receipts for all equipment and/or inventory purchased shall also be maintained and expenditures recorded. C. Borrowers will be required to prove that 51 % of employees hired (including the borrower) meet the local standard as an LMI (low/moderate income) individual. The staff of TAP will assist with the documentation process if necessary. LMI eligibility must be determined prior to hiring. D. The borrower is responsible for complying with all state and/or federal regulations, licenses, and taxes. Technical assistance to identify requirements will be available through a number of channels including the Small Business Development Centers (SEDC), the Small Business Administration (SBA), the Service Corps of Retired Executives (SCORE), and TAP. III PROGRAMS ELEMENTS: A. Tracking and Documentation- Procedures will be developed to track all applicants and document their status as LMI eligible. B. Appropriateness Determination- All loans must be for lawful purposes, must be for businesses that appear to be viable, and must be for purposes that have secured the appropriate environmental and/or architectural clearance, as applicable. C. Priority- Should requests for funding exceed the amount of money in the loan pool, then the following criteria shall be used to help prioritize applications: a. Applications from LMI borrowers b. Minorities and/or women c. Number of potential jobs to be created d. Collateral e. Environmentally friendly f. Quality of business plan D. Training Requirements- All borrowers must have successfully completed the classroom training. E. Service Fee- All loan applicants will be assessed a $12.00 service fee for TAP's processing of the loan. F. Closing Fee- All borrowers will be required to pay a $20.00 closing fee 14E f • A mechanism to allow one person to maintain responsibility for the first round of loans from origination through collection will assure that problems are spotted early and there is consistency in dealing with the problems. • A procedure will be developed whereby delinquency patterns can be analyzed to identify program weaknesses and areas for improvement. • A late fee of $25.00 will be charged for all payments that are ten days after the due date. Delinquent loans may be referred to collection agency for collection. A loan will be considered delinquent when a payment is more than 30 days over due. N. Defaults- A loan will not be considered in default until all reasonable measures have been taken by the program staff to salvage the project. This will include steps to restructure the loan, modify the business, sell off inventory, etc. If a loan must be written off, every attempt will be made to verify collateral (if any), and assess its sale value. If the client gives possession of collateral, then sale proceeds are applied to the loan principal, and the balance remaining will be the defaulted loan. IV Loan Approval: Loans will be approved by a Loan Review Committee comprised of two bank representatives from the participating loan pool, two business owners and a community representative. Loan applications must be reviewed and approved by the Loan Officer before submitting to the Loan Review Committee. The Loan Review Committee will adhere to the guidelines specified in approving loans. revised: 10/97 (AAL.OANPACKAGMUIDELIN.D OC) AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, OCTOBER 28, 1997 RESOLUTION 102897-3 OPPOSING PROPOSED RULING BY THE FEDERAL COMMUNICATIONS COMMISSION TO PRECLUDE LOCAL GOVERNMENT AUTHORITY IN DETERMINING THE LOCATION OF DIGITAL TELEVISION TOWERS BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia as follows: WHEREAS, the Federal Communications Commission (FCC) is proposing a new rule that precludes the ability of local governments to regulate the proliferation of digital television towers, radio towers and other wireless communication towers; and WHEREAS, it preempts local decisions based on zoning, aesthetics, the impact on property value or restrictions placed on natural or historic resources; and WHEREAS, the proposed regulations require that appeals of local zoning or other decisions be sent directly to the FCC, precluding the local courts; and WHEREAS, localities are required to act on tower requests within 21 to 45 days irrespective of local requirements for notice to adjoining landowners, hearing requirements or appeal; and failure to act in these time frames will result in the request automatically being granted; and WHEREAS, Roanoke County is in opposition to this proposed rule for the following reasons: 1) The FCC is violating principles of Federalism, especially by allowing the FCC to "second guess" the reasons for 1 local decisions and reverse decisions that are otherwise acceptable. 2) The proposed new rule represents an unprecedented attack on local zoning authority by the FCC. 3) The proposed rule applies to the construction of new High Definition Television towers that may be up to 2000 feet high. 4) The time limits proposed by the FCC are unrealistic and bear no relation to the procedural requirements of state and local law, requirements of due process, or zoning law. 5) The proposed rule totally disregards property values, historic districts, natural resources, aesthetics and the like. THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County, Virginia does hereby strongly oppose the new rule proposed by the FCC. It requests that the United States Congress, the Virginia General Assembly, and local elected officials oppose this ruling as an unacceptable violation to the authority (both legally and implied) of local government. Further, the Clerk to the Board is directed to forward copies of this resolution to the Office of the Secretary of the Federal Communication Commission, members of the United States Congress representing Roanoke County, and the localities participating in the Fifth Planning District Commission. On motion of Supervisor Eddy to adopt the resolution, and E 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 of Supervisors cc: File William F. Caton, Acting Secretary, FCC The Honorable John W. Warner, U. S. Senate The Honorable Charles S. Robb, U. S. Senate The Honorable Robert W. Goodlatte, U. S. Representative The Honorable Rick Boucher, U. S. Representative Wayne Strickland, Executive Director, 5PDC Participating localities: Alleghany County Administrator Botetourt County Administrator Clifton Forge City Manager Covington City Manager Craig County Administrator Roanoke City Manager Salem City Manager Vinton Town Manager 3 A-102897-4 ACTION NUMBER ITEM NUMBER AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER. MEETING DATE• October 28, 1997 AGENDA ITEM: Acceptance of a grant by the Police Department for Community Crime Prevention Services. COUNTY ADMINISTRATOR'S COMMENT Ator� li4� BACKGROUND• The Roanoke County Police Department applied for a grant to train six police officers to work off duty with "at -risk" youth coaching high school athletic teams. The grant has been approved by the Department of Criminal Justice Services (DCJS) in the amount of $18,481.62. FISCAL IMPACT• The grant is for $13,861.20 in DCJS federal funds (75%) and $4,620.42 in local funds (25%). The criteria of the grant requires a hard dollar match of local funds. The local match will be taken out of existing police department funds for community crime prevention services. No additional funds will be requested. STAFF RECOMMENDATION: The Staff recommends acceptance of the grant from the Department of Criminal Justice Services. Respectfully submitted, ames R. Lavinder Chief of Police E-3 Approved by, Mr. Elmer C. Hodge County Administrator ---------------------------------------------------------------- ACTION VOTE Approved (x) Motion by: H. Odell Minnix to No Yes Abs. Denied ( ) approve grant in amount of Eddy x_ Received ( ) $18,841.62 Harrison _ Referred ( ) Johnson x— To ( ) Minnix x Nickens_ cc: File James R. Lavinder, Chief of Police Diane D. Hyatt, Director, Finance cc: File Chief Lavinder AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, OCTOBER 28, 1997 RESOLUTION 102897-5 PURSUANT TO TITLE 25 AND SECTIONS 15.1- 236 AND 15.1-238 OF THE CODE OF VIRGINIA, 1950 (AS AMENDED), AUTHORIZING THE ACQUISITION AND IMMEDIATE RIGHT OF ENTRY OF A PARCEL OF LAND AND RELATED ACCESS AND UTILITY EASEMENTS OF JAMES L. WOLTZ AND JOHN E. WOLTZ FOR THE PURPOSE OF PROVIDING EMERGENCY COMMUNICATIONS FACILITIES BY EMINENT DOMAIN PROCEEDINGS BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the County of Roanoke, Virginia, (the "County") intends to acquire a parcel of real estate consisting of 44,100 square feet, being a portion of Tax Map Number 93.00-1-44.1, and which is located on Poor Mountain for the purpose of providing emergency communications facilities (the "project"). 2. That the project is necessary for the general health, safety and welfare of the public, and it is in the public interest of the citizens of Roanoke County, to acquire real estate on Poor Mountain for the purpose of acquiring a site for a radio transmitting tower, as part of the E-911 emergency communications system for Roanoke County, and to promote the public safety, health, and welfare of the citizens. 3. That acquisition of a certain parcel of land, consisting of 44,100 square feet and related access and utility easements located on Poor Mountain is necessary for the purpose of providing emergency communications facilities. 4. That the parcel of land required for this project is owned by James L. Woltz and John E. Woltz and is identified by the following legal description: All those certain lots or parcels of land, together with any improvements thereon, rights incident thereto, and appurtenances thereunto belonging, and being shown on a plat entitled "Plat Showing Property (44,100 square feet) and Access & Utility Easement to be Acquired by the County of Roanoke from James E. Woltz and John E. Woltz situate in Windsor Hills Magisterial District, Roanoke County, Virginia" prepared by Lumsden Associates, P.C., Engineers -Surveyors -Planners, dated October 30, 1997, a copy of which is attached hereto and made a part hereof. This being portions of the same real estate conveyed unto James L. Woltz and John E. Woltz by deed dated October 5, 1993, from Eric Lee Sisler, Executor of the Estate of Lois M. Anderson, recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Deed Book 1423, page 1101 and by deed of confirmation and boundary line agreement dated October 18, 1996, from Frank H. Terry, Jr. et als. recorded in the aforesaid Clerk's Office in Deed Book 1529, page 1802. 5. That the fair market value of the property is $107,000.00. The sum of $107,000.00 has been offered and is hereby re -offered to the property owners for purchase of fee simple, marketable title to the above-described parcel by the Board of Supervisors of Roanoke County, Virginia. 6. That it is immediately necessary for the County to enter upon and take possession of such property, and to continue its operations on such property, and to institute and conduct appropriate condemnation proceedings as to the above-described property as provided by law. 7. That a certified copy of this resolution, to be sent by certified mail to James L. Woltz and John E. Woltz on or before October 31, 1997, shall constitute notice to said property owner of the offer to purchase as set forth above and the intent to enter upon and take possession of said property, to continue operations of its emergency communications facilities, and to commence appropriate condemnation proceedings, as provided for in Section 15.1-238 of the Code of Virginia, 1950 (as amended). 8. That the Board does hereby invoke all and singular the rights, privileges, and provisions as to the vesting of powers in the County under the Virginia General Condemnation Act (§25-46.1, et se ., of the Code of Virginia, 1950, (as amended), and Sections 15.1-236 and 15.1-238, all as made and provided by law. 9. That the County Administrator, or an Assistant County Administrator, and the County Attorney are hereby authorized to execute such documents and take such actions as may be necessary to accomplish this acquisition through eminent domain proceedings, or otherwise. 10. That this resolution shall be effective on the date of its adoption and the property owners shall have thirty days from said date within which to contest this taking and immediate right of entry as provided in Section 15.1-238.8. and D. of the Code of Virginia, 1950 (as amended). On motion of Supervisor Nickens to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None A COPY TESTE: 6 &9 la�Q hl� Brenda J. Holton, Deputy Clerk Roanoke County Board of Supervisors cc: File Paul M. Mahoney, County Attorney John W. Birckhead, Director, Real Estate Assessment 01 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, OCTOBER 28, 1997 ORDINANCE021 897-6 APPROVING AND AUTHORIZING THE EXECUTION OF A LEASE WITH OHIO STATE CELLULAR PHONE COMPANY, INC. FOR A COMMUNICATIONS ANTENNA TOWER AT CATAWBA FIRE STATION WHEREAS, the Board of Supervisors denied a request from Ohio State Cellular Phone Company, Inc. ("OSC") for a special use permit to locate a communications antenna tower at the intersection of State Route 311 and Newport Road in the Catawba Valley. OSC filed an action in the United States District Court for the Western District of Virginia challenging this denial; and WHEREAS, counsel and staff for the parties have explored a variety of opportunities to resolve this litigation and it appears that the Catawba Fire Station site may provide a suitable alternative to the denied site; and WHEREAS, counsel have negotiated a lease which addresses the mutual concerns of the parties; and WHEREAS, the first reading of this ordinance was held on October 28, 1997; and the requirement for the second reading was waived as provided by Section 18.04 of the Roanoke County Charter as an emergency measure to settle pending litigation. WHEREAS, the County acquired this property from the Commonwealth of Virginia by deed dated May 16, 1983, and recorded in Deed Book 1194 at page 351. BE IT ORDAINED by the Board of Supervisors of the County of Roanoke, Virginia as follows: t 1. That it is in the County's best interest to lease a portion of this property to OSC in order to provide a site for the location of a communications tower. 2. The area to be leased by the County to OSC is for the 190' tall tower and a small (12' x 20') equipment building, and an easement for access and utilities and is situated at the Catawba Fire Station in the Catawba Magisterial District of Roanoke County, being a portion of Tax Map No. 7.00-1-29. 3. That the term of this lease shall be for fifteen (15) years. Both parties may enter into negotiations twelve months prior to termination of lease. The Board hereby appropriates the rental payments under this lease to the Catawba Volunteer Fire Company for the support of its public safety operations. 4. That the County Administrator is authorized to execute such documents and take such actions on behalf of Roanoke County as are necessary to accomplish this transaction, all of which shall be upon a form approved by the County Attorney. On motion of Supervisor Harrison to adopt the ordinance as amended by Supervisor Nickens and to waive second reading; 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 of Supervisors cc: File Paul M. Mahoney, County Attorney Rick Burch, Chief, Fire & Rescue Terry Harrington, Director, Planning & Zoning John W. Birckhead, Director, Real Estate Assessment 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, OCTOBER 28, 1997 ORDINANCE 102897-7 RELEASING RIGHT OF RE-ENTRY AND CERTAIN RESTRICTIONS ON THE USE OF CERTAIN REAL ESTATE PREVIOUSLY CONVEYED TO TOTAL ACTION AGAINST POVERTY (PINKARD COURT SCHOOL PROPERTY), AND AUTHORIZING THE COUNTY ADMINISTRATOR TO EXECUTE DOCUMENTS WHEREAS, by Ordinance Number 121493-6 the Board of Supervisors of Roanoke County approved and authorized the conveyance of 4.5 acres of real estate, previously known as Pinkard Court School, to Total Action Against Poverty ("TAP"); and, WHEREAS, by deed of gift dated May 18, 1994, and recorded in Deed Book 1446, at page 442, the County conveyed said real estate to TAP with certain restrictions on the use of said real estate, namely: that the use, occupancy, maintenance and/or development of this property shall be solely and exclusively in a manner consistent with TAP's mission and purpose, shall be community -service oriented, shall be in compliance with the Roanoke County Zoning Ordinance, and that no subsequent conveyance of this real estate to any person, organization or entity whose mission or purpose is not consistent with those of TAP shall be valid without the express written approval of the County; and, WHEREAS, said deed included a right to terminate the estate granted to TAP and to re-enter and retake the property if TAP violated the conditions and restrictions in said deed; and, WHEREAS, TAP has executed an option agreement for the conveyance of this property with Interstate Development, L.L.C., and this option agreement may be assigned 1 to Lowe's Home Centers, Inc. for the purpose of constructing a retail, commercial establishment; and, WHEREAS, TAP has requested that the County release this right of re-entry and said conditions and restrictions, and give its express written approval of said conveyance so that said property can be sold to Lowe's Companies, Inc. unencumbered; and, WHEREAS, the Board has received assurances that the proceeds from this proposed sale will be used by TAP and Blue Ridge Housing Development Corp. to support and promote an affordable housing program in Roanoke County; and, WHEREAS, the first reading of this ordinance was held on October 14, 1997, and the second reading was held on October 28, 1997. BE IT ORDAINED, By the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the County hereby releases its right of re-entry for any violation of the conditions or restrictions as provided in the deed from the County to TAP found in Deed Book 1446, at page 442, among the land records of the Clerk of the Circuit Court for the County of Roanoke. 2. That the County hereby releases the conditions and restrictions found in the aforesaid deed. Further the County authorizes the execution of a document giving its express written approval for TAP to convey this property to a person, organization or entity whose mission or purpose is not consistent with those of TAP. This release is contingent upon the conveyance of this real estate to Lowe's Home Centers, Inc. For the construction of a retail, commercial establishment. 2 3. That upon receipt of adequate assurances from TAP that the net proceeds of the proposed sale of said property shall be used to support and promote affordable housing in Roanoke County, then the County Administrator, or any Assistant County Administrator, be authorized to execute such documents, and take such actions, as may be necessary to accomplish the purposes of this ordinance, all upon form approved by the County Attorney. 4. That this ordinance shall be effective from and after the date of its adoption. On motion of Supervisor Minnix to adopt the ordinance with $200,000 proceeds going to economic development budget, and carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Johnson NAYS: None PRESENT: Supervisor Nickens A COPY TESTE: Mary H. Allen, CMC Clerk to the Board of Supervisors cc: File Paul M. Mahoney, County Attorney Tim Gubala, Director, Economic Development Diane D. Hyatt, Director, Finance 3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, OCTOBER 28, 1997 ORDINANCE 102897-8 AMENDING AND REENACTING SECTION 2-17 Dissemination of criminal history record information of applicants for public employment, permit or license OF ARTICLE II Organizational Structure of County Administration OF CHAPTER 2 ADMINISTRATION OF THE ROANOKE COUNTY CODE WHEREAS, the Roanoke County Departments of Fire and Rescue and Human Resources have reached an agreement with the Virginia Department of State Police to obtain a computer software program which will expedite the processing of background checks through the Central Criminal Records Exchange operated within the Department of State Police of prospective paid employees of the county's departments and of volunteers for county fire and rescue companies and other positions of public service; and WHEREAS, Section 19.2-389 A 7 of Chapter 23 of Title 19.2 of the Code of Virginia, 1950, as amended, requires that such background checks must be required by an agency of a political subdivision under a duly enacted ordinance which determines that it is necessary that the past criminal conduct of a person with any conviction record would be compatible with the nature of the employment or permit which is under consideration; and, WHEREAS, the first reading of this ordinance was held on April 22, 1997; and the second reading was held on October 28, 1997. BE IT ORDAINED by the Board of Supervisors of the County of Roanoke, Virginia, as follows: 1. That Section 2-17, "Dissemination of criminal history record information of applicants for public employment, permit or license" of Article II. "Organization Structure of County Administration," of Chapter 2 ADMINISTRATION, be amended and reenacted as follows: Sec. 2-17. Dissemination of criminal history record information of applicants for Ppublic employment, permitw license r [ rr . _._ ................................ �► �: .�sti::� :.ti.::�. 'PI:l�1ad•LdAl: all�'11:IM 1-t►1IL-10"1.J 1 '7•Ld�r �►�f l.�r _�►�f�•w 1. Pad i%3�Dr �.•t����►-ild.u��a 1�.v1-f �r Pl :- - :- -- -- - -- :- - -- --- K �r�����iiut►=�i�rt�ttiic►i�►a�r<���i►=itR�i•ii,�•�=►aiiuiiri�r it��tl��i�� r� �u�� t r In- --W :::::�r :>t t ::> r er::e ::: f:.::ub wel re> :::::::.:::::::::::.:::::::::::i:.:::::.::::::::::::::::::::.:::::.::::::::.:.:::::.10..................::3Y:r..::::::::. i;:':fiS:;";:;ii::i:::::;: ;:;; :;}::;:i;:;:i:;;•rq::!•:: •: <.:>:::;:;:;;:.;•.::;::..::.::::;;::;:;:.::;::;;::::.::;;:>::::;;.:: :: ::........... •.:. i is;::;"A:;::i:: i::';' •`R?:"ri: .:Q :':. :!!: ;:ii..: yi :' :: :.' !: i :i i :::: .` ::i iii' ' ' :: ' iiiii::': :: :: ° I:::t::>:>t:::::ul:uc.r... r..r.tc.....rscra..inf.�rat�.�r .as..dired.:n..�.... ........::::::::.::..:.::::::::::::.::::::::::::::.p::::::::::::.:.::::::::::.:::::::::.::::::::::.::.::::::::.:::.::.:::::::::::::::::::::......:.::.::::::::::.:::::::.::::::::::.:::::::.:::::::::.:.::.::::::.::::. :'' i:':j:4:ii::i::}:i::::4::: ii::::F:;ii:yi•i:!ji;;!i;;S{ji': ':':i::::i::n:::i i::i::i':::(:i:::;:ii::i:;Yi:iiii:i::i::i::::i::i::i::i::i::'av `:}i::Y ji C:;:i: :i: iti!:•i>.C:''::' :i''i: iii' .::i:i:i:!i:''i:: <: f:::t ;::::<::::>:. irn':iis:::::ends€i>'::>:;:<�t::ssr< :: >::ccwrtab�.l:�.t ;:.:ficr:: �bi:�c ..:.::>:'.I.. rz.............. r ....r ... 1...::`r,..r...:..........S...::.t.n: i....:....qn2_:..f,;;. f ` . .: ..:. #f;<<ar :> < af.::. .................. ........................... (.. v tl ...tk e:::: a u e....c ...ti ... rn ln.:m ...... nd ` :...:...:...:........P.... _:.: :.....: :.........::..:.:...::......:...:.....:..::.:................................................................................................................ t :::: e r .:Q#.: t iw.n r.:s r,.V M.. 1.icants . ................................ ............................. ......... :....PP.::::::....:..:►. .............................................. .. . ............................................................. ........................ ................................ z p.m. xq... dei .4 RI 49MM..... qu ....... . ...... ..... .9m: .............. 'a 1. W. Nil .. ....... .. . .............. . . ......... ... .............................. ....... En j(h .. ............................... II ....... I. R"", P@Rdj:::"::::: . . ................ ... . .. . ............ S.-A"T i'T -- A - wi . .... y.vh 1 MUM -'.W i= Iall .......... ......... WWI ......... ..... —.0 � .. . q. . .0 . ............. .......... ...... ...... . . . ...... . 'I.- . ... . ...... 2. That this ordinance shall be in full force and effect from and after 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, CIVIC Clerk to the Board of Supervisors 4 cc: File Joseph B. Obenshain, Senior Assistant County Attorney Circuit Court Roy B. Willett, Judge Clifford R. Weckstein, Judge Diane McQ. Strickland, Judge Richard C. Pattisall, Judge Robert P. Doherty, Jr., Judge Jonathan M. Apgar, 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 George W. Harris, Judge William Broadhurst, Judge Vincent Lilley, Judge Julian H. Raney, Judge Jacqueline F. Ward Talevi, Judge Theresa A. Childress, Clerk Skip Burkart, Commonwealth Attorney Paul M. Mahoney, County Attorney Joseph Sgroi, Director, Human Resources Magistrates Sherri Krantz/Betty Perry Main Library Ray Lavinder, Police Chief Richard Burch, Chief of Fire & Rescue Roanoke Law Library, 315 Church Avenue, S.W., Rke 24016 Roanoke County Law Library, Singleton Osterhoudt Roanoke County Code Book Gerald S. Holt, Sheriff John M. Chambliss, Jr., Assistant County Administrator Don C. Myers, Assistant County Administrator Diane D. Hyatt, Director, Finance O. Arnold Covey, Director, Engineering & Inspections Terrance L. Harrington, Director, Planning & Zoning Gary Robertson, Director, Utility Michael Lazzuri, Court Services William J. Rand, III, Director, General Services Thomas S. Haislip, Director, Parks & Recreation Elaine Carver, Director, Procurement John W. Birckhead, Director, Real Estate Assessment Alfred C. Anderson, Treasurer R. Wayne Compton, Commissioner of Revenue 5 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, OCTOBER 28, 1997 RESOLUTION 102897-9 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM J CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. that the certain section of the agenda of the Board of Supervisors for October 28, 1997 designated as Item J - Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 through 7, inclusive, as follows: Approval of Minutes - September 9, 1997 2. Confirmation of Committee Appointments to the Committee to establish guidelines and policies for placement of communications towers. 3. Acceptance of water and sanitary sewer facilities serving Peters Creek Commercial Park. 4. Acceptance of water and sanitary sewer facilities serving Huntridge Road Sewer Extension. 5. Acceptance of a donation to the Police Department by the Moose Lodge #284 for night vision equipment. 6. Acceptance and appropriation by School Board of 1997-98 IDEA flow through grant fund. 7. Acceptance of donation of drainage easements in connection with development of Affordable Efficiency Inn on Florist Road. 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 1 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 A COPY TESTE: Mary H. Allen, CMC Clerk to the Board of Supervisors cc: File Gary Robertson, Director, Utility Arnold Covey, Director, Engineering & Inspections James R. Lavinder, Chief of Police Diane D. Hyatt, Director, Finance Carol Whitaker, Dir, Special Education & Pupil Personnel Services Dr. Deanna Gordon, School Superintendent Brenda Chastain, Clerk, School Board Vickie L. Huffman, Assistant County Attorney 2 A -102897-9.a ACTION NO. ITEM NUMBER Z" . AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: October 28, 1997 AGENDA ITEM: Confirmation of Committee Appointments to the Committee to establish guidelines and policies for placement of communication towers. COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The following nominations were made earlier during this meeting. COMMITTEE TO ESTABLISH GUIDELINES AND POLICIES FOR PLACEMENT OF COMMUNICATION TOWERS Supervisor Nickens has nominated David Jones to represent the Vinton Magisterial District, and Supervisor Harrison has nominated David Shelor to represent the Catawba Magisterial District. STAFF RECOMMENDATION: It is recommended that the above appointments be confirmed by the Board of Supervisors. Respectfully submitted, Mary H. Allen, CMC Clerk to the Board Approved by, Elmer C. Hodge County Administrator J-2 ---------------------------------------------------------------- ACTION VOTE Approved (x) Motion by: Bob L. Johnson to No Yes Abs. Denied ( ) approve Eddy x_ Received ( ) Harrison_ Referred ( ) Johnson x— To ( ) Minnix x— Nickens X_ cc: File Committee to establish guidelines and policies for placement of communication towers File A -102897-9.b ACTION # ITEM NUMBER AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: October 28, 1997 SUBJECT: Acceptance of Water and Sanitary Sewer Facilities Serving Peters Creek Commercial Park COUNTY ADMINISTRATOR'S COMMENTS:j, 00 /11�11 t�� SUMMARY OF INFORMATION: The Developers of Peters Creek Commercial Park, Billy H. and Michael M. Branch, have requested that Roanoke County accept the Deed conveying the water and sanitary sewer facilities serving the subdivision along with all necessary easements. The water and sewer facilities are installed, as shown on plans prepared by Lumsden & Associates entitled Peters Creek Commercial Project, which are on file in the County Engineering Department. The water and sanitary sewer facility construction meets the specifications and the plans approved by the County. FISCAL IMPACT: The value of the water and sanitary sewer construction is $48,400 and $21,200 respectively. RECOMMENDATION: Staff recommends that the Board of Supervisors accept the water and sanitary sewer facilities serving the Peters Creek Commercial Park along with all necessary easements, and authorize the County Administrator to execute a Deed for the transfer of these facilities. SUBMITTED BY: -�d Gow atokD- Gary Robe n, P.E. Utility Director Approved (x) Denied ( ) Received ( ) Referred ( ) To ( ) APPROVED: Elmer C. 1166fe County Administrator ACTION Motion by: Bob L Johnson to prove cc: File Gary Robertson, Director, Utility Arnold Covey, Director, Engineering & Inspections VOTE No Yes Abs. Eddy x_ Harrison x_ Johnson x Minnix _x Nickens X_ cc: File Gary Robertson, Director, Utility Arnold Covey, Director, Engineering & Inspections �=3 THIS CHATTEL DEED, made this 9th day of September , 19 97 , by and between: Billv H. And Michael M. Branch , as individuals, hereinafter referred to as the "Developer," party of the first part; and the BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, its successors or assigns, hereinafter referred to as the 'Board," party of the second part. :WITNESSETH: THAT FOR AND IN CONSIDERATION of the mutual benefits accruing to the parties, the receipt and sufficiency of which is hereby acknowledged, the Developer does hereby GRANT, CONVEY, ASSIGN AND TRANSFER, with the covenants of GENERAL WARRANTY OF TITLE, in fee simple unto the Board all water and/or sewer lines, -valves, fittings, laterals, connections, storage facilities, sources of water supply, pumps, manholes and any and all other equipment and appurtenances thereunto belonging, in and to the water and/or sewer systems in the streets, avenues, public utility, easement areas, water and sewer easement areas that have been or may hereafter be installed by the Developer, along with the right to perpetually use and occupy the easements in which the same may be located, all of which is more particularly shown, described and designated as follows; to wit: Page 1 of 4 As shown on the plan entitled Peters Creek Commercial Project , made by Lumsden & Associates and on file in the Roanoke County Engineering Department. The Developer does hereby covenant and warrant that it will be responsible for the proper installation and construction of the said water and/or sewer systems including repair of surface areas affected by settlement of utility trenches for a period of one (1) year after date of acceptance by the Board and will perform any necessary repairs at its cost. Elmer C. Hodge, County Administrator of Roanoke County, Virginia, hereby joins in the execution of this instrument to signify the acceptance of this conveyance pursuant to Resolution No. adopted by the Board of Supervisors of Roanoke County, Virginia, on the day of , 19 Page 2 of 4 Developer: By: As: WITNESS THE FOLLOWING signatures and seals: State of: Virginia County/City of: Roanoke -,to wit: 11-7— instrument was acknowledged before me this day of .;19 �, by Billy H. Branch, an individual. My Commission expires: Developer: By: As: State of: Virginia County/City of: Roanoke , to wit: The foregoing instrument was acknowledged before me this day of ,? Luc, 19 /'7 , by Michael M. Branch, an individual. l Notary Pum My Commission expires: -3 .2U0 Page 3 of 4 Approved as to form: Board of Supervisors of Roanoke County, Virginia By: (SEAL) County Attorney Elmer C. Hodge County Administrator State of: Virginia County/City of: Roanoke , to wit: The foregoing instrument was acknowledged before me this: , day of , 19 , by Elmer C. Hodge, County Administrator, on behalf of the Board of Supervisors of Roanoke County, Virginia. Notary Public My Commission expires: Page 4 of 4 ttw ,p\q• ,4 1 TS. ,rfiR LAW Iy R 9 I q \2\ ( LEMONTyjG�O V�.�♦j23 DENT o.l A ` (CHRIS O `J Iwr r'1 �'�-i� 1 \\• n �� pRNs. � � I tv�`a'�rw"� r APTAIN• h' t- q ^� •(`�t✓�\ -� I ..i Ff :S CHARNWOO CIR T ,` TH )RNIREST IT2 / fMr 9 p;�J 1. MS' •l� f. VICINITY MAP iP NORTH ROANOKE COUNTY ACCEPTANCE OF SEWER AND WATER FACILITIES UTILITY SERVING PETERS CREEK COMMERCIAL PARK. DEPARTMENT �5,OOAc o ✓✓ i;305.12 e / - 47es LXAa i r � 1 4.66 At 5�yo / 1.78 AC �J 4 1� r•t \ J\ t ylt0 I tT .. O O Q ^ ROANOKE COUNTY ACCEPTANCE OF SEWER AND WATER FACILITIES UTILITY SERVING PETERS CREEK COMMERCIAL PARK. DEPARTMENT A -102897-9.c ACTION # ITEM NUMBER;' — 'A AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: October 28, 1997 SUBJECT: Acceptance of Sanitary Sewer Facilities Serving Huntridge Road Sewer Extension COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The Developers of Huntridge Road Extension, Roanoke County Land Venture, Inc., have requested that Roanoke County accept the Deed conveying the sanitary sewer facilities serving the subdivision along with all necessary easements. The sewer facilities are installed, as shown on plans prepared by T. P. Parker & Son entitled Huntridge Road Sewer Extension, which are on file in the County Engineering Department. The sanitary sewer facility construction meets the specifications and the plans approved by the County. FISCAL IMPACT: The value of the sanitary sewer construction is $20,880.00. RECOMMENDATION: Staff recommends that the Board of Supervisors accept the sanitary sewer facilities serving the Huntridge Road Sewer Extension along with all necessary easements, and authorize the County Administrator to execute a Deed for the transfer of these facilities. SUBMITTED BY: i Gary Robrtson, P.E. Utility Di ctor APPROVED: (1ta,/4Q'-7 Elmer C. HoWe County Administrator ---------------------------------------------------------------- ACTION VOTE Approved (x) Motion by: Bob L. Johnson to No Yes Abs. Denied ( ) approve Eddy _ Received ( ) Harrison x_ Referred ( ) Johnson To ( ) Minnix Nickens cc: File Gary Robertson, Director, Utility Arnold Covey, Director, Engineering & Inspections �y THIS CHATTEL DEED, made this 2 r s t day of August , 19 97 , by and between: Roanoke County Land Ven e. Inc. , a...Virginia corporation, hereinafter referred to as the "Developer," party of the first part; and the BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, its successors or assigns, hereinafter referred to as the 'Board," party of the second part. :WITNESSETH: THAT FOR AND IN CONSIDERATION of the mutual benefits accruing to the parties, the receipt and sufficiency of which is hereby acknowledged, the Developer does hereby GRANT, CONVEY, ASSIGN AND TRANSFER, with the covenants of GENERAL WARRANTY OF TITLE, in fee simple unto the Board all water and/or sewer lines, valves, fittings, laterals, connections, storage facilities, sources of water supply, pumps, manholes and any and all other equipment and appurtenances thereunto belonging, in and to the water and/or sewer systems in the streets, avenues, public utility, easement areas, water and sewer easement areas that have been or may hereafter be installed by the Developer, along with the right to perpetually use and occupy the easements in which the same may be located, all of which is more particularly shown, described and designated as follows; to wit: Page 1 of 4 As shown on the plan entitled Huntridge Road Sewer Extension , made by T.P. Parker & Son and on file in the Roanoke County Engineering Department. The Developer does hereby covenant and warrant that it will be responsible for the proper installation and construction of the said water and/or sewer systems including repair of surface areas affected by settlement of utility trenches for a period of one (1) year after date of acceptance by the Board and will perform any necessary repairs at its cost. Elmer C. Hodge, County Administrator of Roanoke County, Virginia, hereby joins in the execution of this instrument to signify the acceptance of this conveyance pursuant to Resolution No. adopted by the Board of Supervisors of Roanoke County, Virginia, on the day of -19 Page 2 of 4 Developer: By: As: WITNESS THE FOLLOWING signatures and seals: State of: County/qty of. ,'to wit: The foregoing instrument was acknowledged before me this: -14 5'r day of 19 By: Charles R. Simj2soxn Its 'resident Duly authorized officer Title on behalf of RoWWke CounV Land Venture, Inc. y 0 kjt±� Notary Public �- My Commission expires: Page 3 of 4 Approved as to form: County Attorney Board of Supervisors of.... Roanoke County, Virginia By: (SEAL) Eimer C. Hodge County Administrator State of Vinainia County/City of Roanoke , to wit: The foregoing instrument was acknowledged before me this: day of , 19 by Elmer C. Hodge, County Administrator, on behalf of the Board of Supervisors of Roanoke County, Virginia. Notary Public My Commission expires: Page 4 of 4 re'. F, -,,,VICINITY---A1fAP �- y NORTH .qO .0.1 oo `0 liltj VIA j V ROANOKE COUNTY ACCEPTANCE OF SEWER FACILITIES SERVING UTILITY HUNTRIDGE ROAD EXT. .DEPARTMENT + + 1 1A, .4-11 7-- Id- HVJ TROGE I ROAD L Ll -THIL L H ROANOKE COUNTY ACCEPTANCE OF SEWER FACILITIES SERVING UTILITY HUNTRIDGE ROAD EXT. .DEPARTMENT 1 1A, .4-11 ROANOKE COUNTY ACCEPTANCE OF SEWER FACILITIES SERVING UTILITY HUNTRIDGE ROAD EXT. .DEPARTMENT A -102897-9.d ACTION NUMBER ITEM NUMBER' AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER. MEETING DATE: October 28, 1997 AGENDA ITEM: Acceptance of a Donation to the Roanoke County Police Department by Moose Lodge # 284 COUNTY ADMINISTRATOR'S COMMENTS: BACKGROUND: Moose Lodge #284 has requested the Board's approval to donate $1500.00 to the Roanoke County Police Department's Canine Unit. The funds if approved will be used to purchase night vision equipment for the canine unit. SUMMARY OF INFORMATION: The Police Department requests approval to accept this donation. FISCAL IMPACT: The donation will assist the police department in purchasing night vision equipment. In the current budget, no funds have been allocated for these expenditures. STAFF RECOMMENDATION: The staff recommends acceptance of this donation. Attachments: SUBMITTED BY: pies R. Lav n er ief of Police APPROVED: s z �Qj Elmer . Hodge, Jr. County Administrator ----------------------- ---------- ACTION Approved (x) Motion by: Bob L- John on VOTE Denied Denied ( ) approve No Yes Abs. Received ( ) Eddy _x Referred ( ) Harrison _x To ( ) Johnson X Minnix _x cc: File Nickens _x James R. Lavinder, Chief of Police Diane D. Hyatt, Director, F'inance A -102897-9.f ACTION NO. ITEM NO. f AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: October 28, 1997 AGENDA ITEM: ACCEPTANCE OF DONATION OF DRAINAGE EASEMENTS TO THE BOARD OF SUPERVISORS IN CONNECTION WITH DEVELOPMENT OF AFFORDABLE EFFICIENCY INN ON FLORIST ROAD COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: This consent agenda item involves the donation of the following easements to the Board of Supervisors of Roanoke County, Virginia, in connection with the development of the Affordable Efficiency Inn on Florist Road in the Hollins Magisterial District: a) Donation of a drainage easement, seven and one-half feet (75) in width, from Lance A. Copperman, et ux, (Deed Book 1288, page 509; Tax Map No. 38.10-7-25.2), as shown on a plat prepared by Brightwaters Engineering, dated May 4, 1997, a copy of which is attached hereto as Exhibit A. b) Donation of a drainage easement, seven and one-half feet (75) in width and extending to a variable width, from Affordable Efficiency Inns, Inc., a Virginia corporation, (Deed Book 1532, page 1962; Tax Map No. 38.10-7-25.3), as shown on a plat prepared by Brightwaters Engineering, dated May 4, 1997, a copy of which is attached hereto as Exhibit A. The location and dimensions of these easements have been reviewed and approved by the County's engineering staff. STAFF RECOMMENDATION: s.7— t Staff recommends acceptance of the donation of these easements. Respectfully submitted, Vic 'e L. Huffma Assistant County Attorney ---------------------------------------------------------------- ACTION VOTE Approved (x) Motion by: Bob L. Johnson to No Yes Abs. Denied ( ) approve Eddy x_ Received ( ) Harrison_ Referred ( ) Johnson To ( ) Minnix Nickens _X cc: File Vickie L. Huffman, Assistant County Attorney Gary Robertson, Director, Utility Arnold Covey, Director, Engineering & Inspections i Notes: 1. This plat was prepared without the benefit of a current title report and there may exist encumberances not shown hereon. 2. This plat was prepared for the dedication of a drainage easement and a stormwater management easement, and does not constitute a boundary survey. 3. Area of Drainage Easement: e. 01 AeLea I S gy. yf •. N ti t� TA1. rM,h 3f•to-1-Z5.3 TAX MA'? ae.lo•7• � Plat Showing ti aY 7.5 ft. Drainage Easement w Hereby Dedicated for Public Use Property of - Lance A. Copperman 5540 Florist 12oa11 khiblt A yALT!/ � 9 u° nnn �ue� i `w.rA 10/91 •ppm 5'Y -.e7 P Pys�ONA` ENo� Alt?' YZZeL .. ?.S0 r� l0 0 0 r N t O 3 2 � z N R N DQA�NA4E I W N - EASCMEbiT N a N I I � I 1= i� . E J, rA I � r W Roanoke, Virginia Tax Map 38.10-7-25.2 and Scale: I"= 30 ft. May 4,1997 Tax Map 38.10-7-25 (portion of) Hollins Magisterial District Brightwaters Engineering Salem, Virginia ACTION 4 1 02897-9-e ITEM NUMBER MEETING DATE: October 28, 1997 AGENDA ITEM: 1997-98 IDEA Part B (Section 613) Flow Through Grant Award COUNTY ADMINISTRATOR'S COMMENTS: c-`'� ` BACKGROUND: The grant award is based on the per pupil amount of $483 multiplied by the division's December 1, 1996 count of children with disabilities ages 3-12. SUMMARY OF INFORMATION: Roanoke County Schools received an additional amount of $286,314 for the 1997-98 school year due to an increase in the per pupil amount over the 1996-97 grant award and an increase in the December 1 child count. FISCAL IMPACT• Additional funds for use in supporting programs for students with disabilities. STAFF RECOMMENDATION: Staff recommends appropriation of $286,314 to the Flow Through Grant fund. Carol Whitaker Elmer C. Hodg Director of Special Education County Administrator and Pupil Personnel Services AC:'1' 1 UN Approved (x) Motion by: Bob Johns^n Denied ( ) approve Received ( ) Referred ( ) To ( ) cc: File Carol Whitaker, Dir, Special Education & Dr. Deanna Gordon, School Superintendent Brenda Chastain, Clerk, School Board Diane D. Hyatt, Director, Finance VOTE No Yes Abs. Eddy x Harrison _x Johnson x Minnix x Nickens X Pupil Personnel Services AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, OCTOBER 28, 1997 RESOLUTION 102897-10 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 that only items concerning the Catawba Farm and Lowe's rezoning were discussed, 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 of Supervisors cc: File Executive Session ACTION NO. A-102897-11 ITEM NUMBERT-- I C* -- AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: October 28, 1997 AGENDA ITEM: Request for Appropriation as a Result of Operations for the Year Ended June 30, 1997 COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: KPMG Peat Marwick, LLP has completed their audit of the financial operations of the County of Roanoke and County of Roanoke Schools for the year ended June 30, 1997. The County received a favorable opinion. The printed Comprehensive Annual Financial Report will be distributed to the Board as soon as it is received from the printers. The Audit Committee will meet prior to this Board meeting to review the results of the years operations. Counq Operations: The County operations for the year ended June 30, 1997 resulted in savings of $1,490,230, as shown on attachment C. Based upon the rollover of year end savings policy, the departments were able to request up to 60% of the savings within their own department for special purchases and programs as approved by the County Administrator. These approved departmental rollovers total $745,543. This leaves a net expenditure savings of $744,687. Based upon the rollover policy, this amount will be transferred to the Capital Unappropriated Balance. Based upon the 1996-97 third quarter revenue review, the Board was anticipating an increase of $3,355,509. The actual general fund revenues were $510,743 under the amounts reviewed with the Board at the third quarter review as shown on Attachment B. The main source of this difference was personal property taxes. The rapid growth in the area of new car sales for the 1995-96 year caused us to be overly optimistic about the sales for 1996-97. Staff win review with the Board in a later worksession the impact that this will have upon our 1997-98 budget projections. The impact on the general fund unappropriated balance is an increase of $2,887,205 for the year, as shown on Attachment A. The general fund unappropriated balance at June 30, 1997 is $9,614,873. This is an increase of $997,982 from the general fund unappropriated fund balance at June 30, 1996. M:\FINANCE\COMMON\330ARD\10-28-97.WPD October24, 1997 School Operations: In addition, the School operations for the fiscal year 1996-97 resulted in a year end surplus of $1,122,275, as a result of expenditure savings. Of this amount, $29,489 are encumbrances and commitments from the 1996-97 operations. The Board has previously approved the use of $152,200 for the purchase of mobile classrooms. The Schools have committed to add $500,000 of their surplus each year to the bus fund. The remainder of the surplus will be allocated as shown on Attachment D. At their meeting on October 23, 1997 the School Board approved the use of surplus as shown on Attachment D. They are requesting County Board concurrence on these items. STAFF RECOMMENDATION: Staff recommends the following: 1. The County net surplus of $744,687 be appropriated to the Capital Unappropriated Fund, according to the rollover policy. 2. The School net surplus of $1,122,275 be appropriated as shown on Attachment D, as requested by the School Board. 3. The net increase of $2,887,205 be appropriated to the General Fund Unappropriated Balance. SUBMITTED BY: APPROVED: Diane D. Hyatt Director of Finance Z4 z � Elmer C. Hodge County Administrator Approved (x) Motion by H. ode 11 No Yes Abs Denied () Mi_nnix to appropriateEddy- x ruilds, _ to re iew Received O and refine rollover Harrison x Referred O policy and bring back Johnson x t To O Mich 1998 Minnix x Nickens x cc-: File Diane D. Hyatt, Director, Finance Dr. Deanna Gordon, School Superintendent Brenda Chastain, School Board Clerk M:\FINANCE\cOMMON\BOARD\10-28-97.WPD October 24, 1997 County of Roanoke General Operating Fund Results of Operations For the Year Ended June 30,1997 Revenues Expenditures Beginning balance Transfer in Transfers out Proceeds from lease/purchase Attachment A Variance Budget Actual Amount % $94,802,194 $94,291,451 ($510,743) -0.54% (46,756,349) (43,937,561) 2,818,788 -6.03% 11,477,376 11,570,368 92,992 0.81% 262,640 262,640 0 0.00% (51,902,684) (51,953,237) (50,553) 0.10% 2,200,000 2,200,000 0 0.00% $10,083,177 $12,433,661 Encumbrances and previously approved Departmental rollover Transfer to Capital Unappropriated Balance per rollover policy Reduction of General Fund Unappropriated Fund Balance 1996-97 third quarter revenue review adjustment Net change for the year in General Fund Unappropriated Balance 2,350,484 (1,328,558) (745,543) (744,687) (46ZS,-3 U4) 3,355,509 $2,887,205 E E M Cn Y � O O Cu > ti 0CD � CO O c oD 4 T E Ir LL L O ry U � 0 L C Attachment B O O O O O 0 I.R O 0 O 1.01 O O O O O O C 0 O L L rNLOMCO0)tiNa)U)N00 V V)OCO0)000 L; 6MNCVNNV�'N�-rNOVN06NLo(Y) ao� 10 ooMN�MOOCOCOV I-OI-w0N Vv �► CAf�MMr--00MMtf)OOrr-LOM0MXr--N r,: C6 C0 LNr-I,C00 Lc)NLf)e-NNNONCM L V V toLOOOrrN NCO Mr COO) O C (� 0 Ln O Co O_ LO 69 Vfl- 00LL)tiM0co0V01-01- ON I,- f�VO T- N W NW r--" 0MMU*)MMrr00N0001�-w LL) �CD Lt) 1,- 0000MI-LOIl- N0IV v0Mtl-wrr0 V CpC 000Or-VNr-C4 -:d 0� C4 L6N1-I-MNCM00 r U')U)I'-V V VCOMLL)r VCONN0MMV0M O OrMNOMN000Or M V r- CO Co V) CO N i'w r- 0) N L(7 M M N r 06 V LL r 60) CDC OOOOOOCC OOCO0NLn-f 00 V r00a00000000000NN1`00 O +-+ti I` a 00000000000000000NNLn r 'p Co 0C CCD 7C V)L()OLnOOrLA Vrrp V N C.�M OOMOLC)LnLO- N -- Fl- ONCAMCOf-V CAV O d �� 000 V V0NNLOMtor-MVCOV NCO Ln 00 r r 0 N L() 'i C'7 N r 00 V Q m LL Vr- CD 000000000000000c0000rn r` 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O OOOOOOOOOOOOOOLnCOLt700N r ydap a CT CT CT CT d C5 L6 & vi CT LA LA�NdVOV Ln CM W 0 CD NLO Lf) r- t� N LO M M r C4 O Q m LL dVq r X t>3 F-' � U r X C >% cc cc CO H j, N N N C1 LL x x CC V% f- x o Cu Cu X C > C o V o 0 L C to C CU N rn CO j X a) ' � L CU F- o V x cc a) � a) -a.- � a) � :U Co Q J tXCa) cc `t %j N O CU F- o H= 0 6 C F- o >, 0 N U E a� ma CL �,-�cso p 0 M O (D Cu a- p LL C� oo�L � C d v CU M Caf!)U N� NLL�-�~ �-� c4._ a) c>s p > j _ LL two •C Y O N N U O d CU p +_. CCO _� (i) o CU C Co L N a) wa.O-1DC�oCoMW-S2U6,MLLn 0 � E Attachment C County of Roanoke General Operating Fund - Expenditure Summary For the Year Ended June 30,1997 Budeet Actual Variance Board of Supervisors $240,257 $235,311 $4,946 County Administrator 191,866 187,779 4,087 Community Relations 148,937 131,910 17,027 County Attorney 337,072 324,158 12,914 Human Resources 377,209 363,870 13,339 Economic Development 747,796 746,768 1,028 Commissioner of the Revenue 692,287 680,509 11,778 Commonwealth Attorney 524,282 507,461 16,821 Sheriff 4,258,026 4,222,342 35,684 Computerized Records Grant 100,000 0 100,000 Transportation Safety 960 208 752 Treasurer 662,931 686,154 (23,223) Clerk of the Circuit Court 735,506 732,217 3,289 Circuit Court Judges 160,429 145,763 14,666 General District Court 49,102 48,910 192 Magistrate 1,255 786 469 J&DR Court 12,400 10,284 2,116 Court Service Unit 229,938 132,510 97,428 VJCCA Grant 399,799 158,115 241,684 Assisstant Co Admin - Mgt Services 102,591 96,490 6,101 Real Estate Management 848,616 843,887 4,729 Property Management 83,301 79,757 3,544 Public Transportation 83,503 90,476 (6,973) Finance 847,789 830,482 17,307 E-911 Maintenance 460,388 315,004 145,384 Employee Benefits 228,041 228,041 0 Board Contingency 117,817 0 117,817 Management and Budget 241,226 235,504 5,722 Procurement 421,638 415,910 5,728 Police 6,476,608 6,398,066 78,542 Hurricane Fran 45 45 0 Fire and Rescue 4,283,289 4,171,211 112,078 Engineering and Inspections 2,141,360 1,898,838 242,522 Dixie Caverns 1,459,340 683,029 776,311 General Services 7,508,656 7,313,533 195,123 Planning and Zoning 681,674 628,929 52,745 Buiding Permits and Development Sery 227,529 221,069 6,460 Assisstant Co Admin - Human Services 138,524 136,148 2,376 Parks and Recreation 1,353,154 1,317,423 35,731 Grounds Maintenance 1,431,140 1,394,216 36,924 County of Roanoke General Operating Fund - Expenditure Summary For the Year Ended June 30,1997 Health Department Social Services Sesquicentennial Library VPI Extension Elections Contributions - Social Services Contributions - Human Services Cultural Service Organizations Internal Service Transfer Refuse Credit - Vinton Tax Relief for the. Elderly Miscellaneous Less encumbrances and previously approved Gross expenditure savings Less departmental rollovers Budget Actual Variance 425,333 343,922 81,411 3,630,696 3,501,837 128,859 5,794 631 5,163 1,654,862 1,624,134 30,728 71,525 70,629 896 223,544 191,500 32,044 126,832 126,832 0 92,910 92,910 0 294,245 279,918 14,327 619,791 591,502 28,289 110,000 110,000 0 414,536 346,765 67,771 80,000 43,868 36,132 $46,756,349 $43,937,561 2,818,788 (1,328,558) 1,490,230 (745,543) Net expenditure savings $744,687 Attachment D ACTION NO. ITEM NO. 1%1 • .1 AT A REGULAR MEETING OF THE COUNTY SCHOOL BOARD OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY SCHOOLS ADMINISTRATION BUILDING MEETING DATE: October 23, 1997 AGENDA ITEM, Final quarterly report of revenues and expenditures for FYI 99&97 and request for appropriation of year-end balance. BA- CKGRQUt .= As per school board request, the attached report reflects the final quarter revenues and expenditures for FY1996-97. This report uses the format recommended by the VSBA Budget Manual for Virginia School Boards. appendix D. As with past years the board of supervisors has allowed the school board to purchase school buses with year-end funds and set aside the remaining funds for other specific purposes. Diane Hyatt will present this request to the board of supervisors as pari of her year-end audit report. SUMMARY QF INEOMMON: As is noted in the final quarterly report, the. audited FYI 996-97 year- end fund balance for operations is $1,122,274.52. Staff recommends that the school board ask the board of supervisors (per Diane Hyatt) to appropriate the fund balance as follows: Outstanding Encumbrances ...................................... $ 29,488.59E Capital and One -Tune Items Special Ed. Technology Equipment ........................... 50,000.00 Band Uniforms ........................................... 897.50 Purchase of School Buses & Bus Routing Software . ............. 56t '000,06 Mobile Classroom Purchase (5) 152,200.00 Northside Middle Equipment, Furnishings, etc ................... 59,000.00 William Byrd High Equipment, Furnishings, etc ........... : ..... 142,000.00 Ft. Lewis Furniture & Equipment ............ . ................. 661000.00 Print Shop Equipment Reserves .... 525.98 A. R. Burton Science Lab Renovation ................ .. 14,600 CAD Station at Cave Spring, Glenvar,& Northside High ...... , ..... 29,040.75 Operating Items ( One -Time) Science Museum Fees ..................................... 17,477.20 Additional Textbook Allocation 59,644.50 Totals ....... 1 1,12 .274.52 FISCAL IMPACT (Alternatives. if ap licable): See attached spreadsheets AFF RECOMMENDATION: Staff recommends acceptance of the final quarterly report of expenditure and revenues for FY1996-97 and request for appropriation of year-end balance. Si nature.: Name Jerry . Har Title Director, Budget & !D:IManagement — --- _..-...,.--------------ACTION --------------- ----......-_--------------------VOTE ---------------- No Yes Abs Approved (j Motion by: Canada — _ Denied () Irvin —. — ,.., Reulved () Leggette _.. — _ Referred (} Roark _ .... _ TO (} Stovall — _ �. Attachment E GENERAL FUND UNAPPROPRIATED BALANCE COUNTY OF ROANOKE, VIRGINIA Balance at June 30, 1997 Revenue Amendment based on 3rd Qtr review Adjustment based on 1996-97 operations Audited Beginning Balance at July 1, 1997 Addition from 1997-98 Budget - Transfer of Garage Operations to the County Aug 19, 1997 First installment payment on West County Business Park Sept 23, 1997 Revenue Sharing Payment to Botetourt County through June 30, 1997 Balance at October 28, 1997 Changes below this line are for information and planning purposes only. Balance from above West County Business Park - balance Reserve for R.R. Donnelly - Phase R Reserve for Valley Gateway sewer extension Amount $6,727,668.00 3,355,509.00 (468,304.00) 9,614,873.00 200,000.00 (1,000,000.00) (158,280.86) % of General Fund Revenues 9.69% $8,656,592.14 8.72% $8,656,592.14 (2,000,000.00) (730,700.00) (150,000.00) $5 775,892.14 5.82% Note: On December 18, 1990, the Board of Supervisors adopted a goal statement to maintain the General Fund Unappropriated Balance at 6.25% of General Fund Revenues 1997-98 General Fund Revenues $99,264,769.00 6.25% of General Fund Revenues $6,204,048.06 Respectfully Submitted, Diane D. Hyatt Director of Finance M:\Finance\Common\Board\Gen97.WK4 Attachment F CAPITAL FUND UNAPPROPRIATED BALANCE COUNTY OF ROANOKE, VIRGINIA Amount '?- 1(2A� Beginning Balance at July 1, 1997 $1,113,043.00 Amount added from 1996-97 operations per rollover policy 744,687.00 (October 14, 1997 Transfer to Future School Capital Fund (1,113,043. Balance at October 28, 1997 $744,687.00 ote: $100,000 of these funds have been temporarily advanced to the Mayflower Hills Park project. Respectfully Submitted, Diane D. Hyatt Director of Finance M,-.ice\Common\Board\Cap97.WK4 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, OCTOBER 28, 1997 ORDINANCE 102897-12 TO CHANGE THE ZONING CLASSIFICATION OF A.099 -ACRE TRACT OF REAL ESTATE LOCATED ON VALLEY FORGE AVENUE 100 FEET SOUTH OF THE INTERSECTION OF VALLEY FORGE AVENUE AND CONCORD PLACE (TAX MAP NO. 77.13-3-52) IN THE CAVE SPRING MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF R-1 TO THE ZONING CLASSIFICATION OF C-1 UPON THE APPLICATION OF MAYNARD 0. MANNING WHEREAS, the first reading of this ordinance was held on September 23, 1997, and the second reading and public hearing were held October 28, 1997; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on October 7, 1997; 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 .099 acres, as described herein, and located on Valley Forge Avenue 100 feet south of the intersection of Valley Forge Avenue and Concord Place (Tax Map Number 77.13-3-52) in the Cave Spring Magisterial District, is hereby changed from the zoning classification of R-1, Low Density Residential District, to the zoning classification of C-1, Office District. 2. That this action is taken upon the application of Maynard 0. Manning. 3. That said real estate is more fully described as follows: Being Lot 2, Section 8, according to the map of Mount Vernon Heights, dated July 1, 1980, and recorded in Plat Book 2, page 67 in the office of the Clerk of the Circuit Court of Roanoke County, Virginia. 4. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed to amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. On motion of Supervisor 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 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 NORTH Qa 3730 r \ 3 8 \ ` •' s' 37 3c f�a 49. 3317 �,'•. 3.0 c B 5 \ \ '0 �� AZ P ra 46 x• t / a� °0 Tnr Bramoieron Cw•z/.r \ .0 Jz 45 j v~o ��r oRCBi 2.29Sc (0) \ \ J40 \ d 0 n a 3.72 Ac (C) t t e� J617 RCB. fw y J O �� '/ `T \ o ,+ ;,. f^• I 0 10 �Rt, 6 37304 42 ... .e° /\ = 3r"' t `„� 3 ( \ dot 4' � J '•� ° � � �� 3 t. •cif \ JJOf �y b 3333 J°f ,, �� 17� f nt 3370 52 '013 ; 'so m =R 5 16 >, ° X314 48 312 f ry•• • s 71 f: ,i fx •. 12 Concord/ neo4 J ll7 b a0 JJ 57 1 wr .w w .�z t3et2 155 14 33 57 JJ: ',S6 rJ 33.7-* �J2J 7 v• _ 3 3403 39ta60 ; 63 0 44, _ 350t as p �'p 8 - 't 49_ �nt'o�o J91. ?^ 3J29 20 ' '�0 27 \ '3 6� / ..r:. � .-•7 '_3..:,79 ' ' � rr t. 6 I i4 J91J ` J, 31 66 : L y•3� 3 J62 •46 \' 1000. s�^ 42' 7 '� :•24 J,.. .�sv .s 3 -tri.. /. .r0 rf �63 5 A 6 fi 45 0 r \ a / 3424 V 22 '41 ~ rr 64 44 a ! • 0 / a J 26 , rf , hJ> a , O 'r ° n • 44 'J •" moo' ti 2! r a0o3 .� 'o 44 "/ P, 43 it P 28 'rta, 4Cc° '/ 3477 ?3 + \.i�>� .4'L f� ..� .► •� a ,� � _� 3346 �'.ti \ •, �0 -^ 41 ,J J343 \ 34 a •• � 3732 39e 2 .. 'r J 4027 33 5r� 3.4W. J411 0'77 / z w /o t11 � a 7 7/ 71 .b JJq� � Jt 29 3443 1 � 3•t35;,.T� �� ro J+ir Jp \ ! S4z! a 41 r. ,�" , 34 Z' ' it 35 / >; ' 'r 3O 37th o , u 21 J t` � •343 J j sr �, a ' 31 ar a:. 45 ' I� J131 33 7 a t n 32 6 . tJ 'J 752 R \ 9 aru 7007 / \ 373, Id . I6 J77/ 33 �. . JJ Jou 5 33,03 . }4 s 4! .� 17 n. _- DEPARTMENT OF PLANNINIG MAY NAR D MANNING AND ZONING R-1 TO C-1 r 77.13-3-52 i C AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, OCTOBER 28, 1997 ORDINANCE 102897-13 TO CHANGE THE ZONING CLASSIFICATION ON A 5 -ACRE TRACT OF REAL ESTATE LOCATED at 5300 HAWTHORNE ROAD (TAX MAP NO. 38.14-1-34) IN THE HOLLINS MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF R-3 TO THE ZONING CLASSIFICATION OF C-2 WITH CONDITIONS, AND OBTAIN A SPECIAL USE PERMIT, UPON THE APPLICATION OF SHENANDOAH HOMES, INC. WHEREAS, the first reading of this ordinance was held on September 23, 1997, and the second reading and public hearing were held October 28, 1997; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on October 7, 1997; 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 5 acres, as described herein, and located at 5300 Hawthorne Road (Tax Map Number 38.14- 1-34) in the Hollins Magisterial District, is hereby changed from the zoning classification of R-3, Medium Density Multi -Family Residential District, to the zoning classification of C- 2, General Commercial District. 2. That this action is taken upon the application of Shenandoah Homes, Inc. 3. That the owner of the property has voluntarily proffered in writing the following condition which the Board of Supervisors of Roanoke County, Virginia, hereby accepts: H (1) The C-2 use of the property will be limited to the existing home for adults located on the subject property. No additions to the existing facility shall be permitted or allowed under this rezoning. 4. That the Board finds that the granting of a special use permit to Shenandoah Homes, Inc. to bring a nonconforming use (home for adults) into conformity on property located at 5300 Hawthorne Road (Tax Map No. 38.14-1-34) in the Hollins Magisterial District is substantially in accord with the general purpose of promoting the health, safety and general welfare of the public by encouraging economic development and enlarging the tax base, and 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. 5. That said real estate is more fully described as follows: Beginning at a fence post set in concrete, at corner #1 on the northwesterly side of a road or lane, said beginning point being N. 670 00'W. 18.5 feet from the iron pipe corner at the northeast corner of the Airlee Court Annex Subdivision of record in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Plat Book 2, Page 103; and the said beginning point being the southwest corner of the homeplace yard of the residence of Maude M. Nelms and M. L. Nelms, her husband; thence leaving the above-described beginning point, and with a line following the existing fence line, approximately 16 feet, northwesterly from and parallel with the northerly boundary line of aforesaid Airlee Court Annex Subdivision and along the northwest side of a 16 foot width roadway or lane S. 530 10' W. 345.8 feet to an iron pipe at corner #2; (this corner #2 is N. 180 15' E. 27.4 feet from the old planted stone monument at the common corner to the lands of W. F. Patrick and Nelms lands); thence leaving said lane or road, and with a line along the easterly side of a 15 -foot wide roadway right-of-way, said line being 15 feet easterly from and parallel with the boundary line between the Nelms land and the W. F. Patrick land, N. 160 58'W. 728.3 feet to an iron pipe at corner #3, on the southerly boundary line of that certain tract conveyed to W. W. Boxley and M. L. Nelms and wife, by deed dated March 1918; thence along the said Boxley line, following the existing fenced line, N. 520 55' E. 304.2 feet to an iron pipe at comer #4, by a fence corner post; thence leaving the said Boxley property, and with new division lines through the property of Maude 2 M. Nelms and husband, following the existing farm fence line, S. 280 20' E. 320.2 feet to an iron pipe at corner #5; thence S. 610 40' W. 101.7 feet to an iron pipe at corner #6; thence continuing with new division lines through the aforesaid Nelms property, S. 28° 20' E. 387.5 feet to the place of beginning. 6. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed to amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. On motion of Supervisor 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 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 3 0. 1 &(tu£ RlOGc 1 ��iRDe,VS (,7 MAisON + r r t �•ou GOUa,v£r + �E. AMCAITO . D DZ• O !o rXAL < TCWXE SOU S CEN oANoxE ZEGIONAL \\ PORT• - L K - 7Ci]st \ c a I , R/5£ o - D NORTH SHENANDOAH HOMES INC. DEPARITIFNT OF PLAN(VIi�'G R-3 T©:C--2& SPECIAL USE PERMIT AND ZONING 38.14-1-34 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, OCTOBER 28, 1997 ORDINANCE 102897-14 GRANTING A SPECIAL USE PERMIT TO WENDY'S OF WESTERN VIRGINIA, INC. TO EXPAND THE EXISTING RESTAURANT WITH DRIVE-THRU WINDOW LOCATED AT 4369 ELECTRIC ROAD (TAX MAP NO. 77.20-1-6), CAVE SPRING MAGISTERIAL DISTRICT WHEREAS, Wendy's of Western Virginia, Inc. has filed a petition to expand the existing restaurant with drive-thru window located at 4369 Electric Road (Tax Map No. 77.20- 1-6) in the Cave Spring Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this matter on October 7, 1997; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first reading on this matter on September 23, 1997; the second reading and public hearing on this matter was held on October 28, 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 Wendy's of Western Virginia, Inc. to expand the existing restaurant with drive-thru window located at 4369 Electric Road (Tax Map No. 77.20-1-6) in the Cave Spring 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. 2. 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 L ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed to amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. On motion of Supervisor 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 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 t SFT r � iir SLI 44Grten Wiley Elan.Sch`ESLI Jy � i .£t.t _cY4E � y c� ry P/0 77.16-I-2 7 l� 1,- 100, V / 6 IR Dc�� '1• r `• � fy� 1 ei � i / e c°e 6.21. Ac � n P •h DEPARTMENT OF PLANNING AND ZONING C 17 �. LI6ac WENDY'S OF WESTERN VA INC, SPE�IAL USE PERMIT 77, 0-1-b AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, OCTOBER 28, 1997 ORDINANCE 102897-15 TO AMEND CONDITIONS ON THE C -2C ZONING CLASSIFICATION OF A 1.14 -ACRE TRACT OF REAL ESTATE LOCATED 5440 PETERS CREEK ROAD (TAX MAP NO. 26.20-4-27.1) IN THE HOLLINS MAGISTERIAL DISTRICT UPON THE APPLICATION OF RADFORD & CO. WHEREAS, the first reading of this ordinance was held on September 23, 1997, and the second reading and public hearing were held October 28, 1997; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on October 7, 1997; 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 conditions imposed upon the 1988 rezoning of a certain tract of real estate containing 2.85 acres (Tax Map No. 26.20-4-27) and located at the northeasterly intersection of Peters Creek Road and Woodhaven Drive (Tax Map Number 26.20-4-27) in the Hollins Magisterial District, are hereby removed only as to "New Lot B" containing 1.14 acres located at 5440 Peters Creek Road (Tax Map No. 26.20-4-27.1). These conditions will continue to apply to the remaining 1.39 acres (Tax Map No. 26.20-4-27) as follows: (1) Site to be developed in substantial conformity with the site plan of T. P. Parker & Son, submitted herewith. (2) The following proffers will relate to signage: 1 (a) The sign will be in accordance with the rendering presented to the Planning Commission and the Board of Supervisors. (b) There will be no green on the signage. (c) There will be no bunnies on the signage. (d) Signage for the Hop -In Store and the donut store will not exceed a total of sixty (60) square feet. If signage is located on a pole, the pole will not exceed twenty (20) feet in height. (e) The signage for the office building will be monument -type signage not to exceed twenty-four (24) square feet. (f) There will be no free-standing advertising signs on the premises. 2. That the owner of "New Lot B" containing 1.14 acres (Tax Map No. 26.20-4- 27.1) has voluntarily proffered in writing the following conditions which the Board of Supervisors of Roanoke County, Virginia, hereby accepts: (1) The project will be developed in substantial conformity with the conceptual site plan SK1 dated 21 August 1997 as prepared by Jones & Jones Associates, Architects PC. (2) The free-standing monument sign at the Route 117 side of the site shall be limited to 100 square feet. The total signage for the offices shall be 264 square feet. 3. That this action is taken upon the application of Radford & Co. 4. That said real estate is more fully described as follows: Starting at a concrete right-of-way monument at the intersection of the northerly right-of-way of Woodhaven Road and the westerly right-of-way of Peters Creek Road; thence with the westerly right-of-way of Peters Creek Road, N. 850 40,15" E. 70.20 feet to a point; thence continuing with said right-of-way of Peters Creek Road, N. 491 59' 00" E. 160.06 feet to the Point of Beginning; thence leaving the right-of-way of Peters Creek Road and with the northerly line of New Lot "A", N. 450 13' 52" W. 277.99 feet to a point; thence leaving New Lot "A" and with the property of R. Wayne Lafon and Elizabeth Ann McCall (DB 1215, page 334), N. 470 36'08" E. 183.27 feet to a fence post comer; thence leaving the Lafon and McCall property E and with the property of John E. & Elizabeth S. Stephens (DB 797, page 568) and the property of Orrie E. & Nellie C. Lee (DB 475, page 393), S. 451 13' 52" E. 264.09 feet to an iron pin corner; thence leaving the Lee property and with the westerly right-of-way of Peters Creek Road on a curve to the right whose radius is 2784.79 feet and whose chord is S. 430 00' 38" W. 176.66 feet to a point; thence continuing with said right-of-way of Peters Creek Road, S. 490 59' 00" W. 6.45 feet to the Point of Beginning and being all of New Lot "B" as shown on Subdivision Map for Mary E. Radford, prepared by T. P. Parker & Son, dated October 5, 1989, and containing 1.144 acres. 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. 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: i Mary H. Allen, CMC Clerk to the 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 3 tell a 72 69 v�� .� J tell r / root rt°s re/. rrlo TO I.. .r r• "'� r *1r nor C/0)31rm D.n �' / t !Sl/ E9 �.. .:fi0� r rl bf° 68 °9 :66 �s c.la£vlE' 4 . O �?LYMOI NORTH s)n / • ° 4 S '•/ I 2 2 ,u fill lilt / Na.lana n / ti Road ti 'ss° 23N 24 �tr7 •)� ••17 1°• 3 � Z r Z5 ' � � •t6 zr I •' el Fs 2.0 t t5 lt11 � ° •r�• a�> f.6 , j{ z 177 17 ' 5 i.ta ae t6 7 °O° 7 O r 14 3°tl ylr / 9O° , i IO) C / 2 f 7.1 � e I • G01 � l0 RADFORD & CO. _ DEPARZT•1ErtT OF PLANNING C -2C TO C -2C AMEND CONDITIONS AND ZONING 26.20-4-27 +, ' AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, OCTOBER 28, 1997 ORDINANCE 102897-16 GRANTING A SPECIAL USE PERMIT TO THE CITY OF ROANOKE (MONTCLAIR) TO CONSTRUCT A REGIONAL STORM WATER MANAGEMENT BASIN (UTILITY SERVICES, MAJOR) AND REVIEWING AND APPROVING THE PROJECT FOR CONSISTENCY WITH THE ROANOKE COUNTY COMPREHENSIVE PLAN (SECTION 15.1-456 REVIEW), SAID PROJECT LOCATED 400 FEET NORTHWEST OF THE INTERSECTION OF AMBASSADOR DRIVE AND ENVOY DRIVE (TAX MAP NOS. 36.15-1-10, 36.15-1-2, 36.19-1-1.11, 36.19-1-1.10, 36.19- 1-1.12, 36.19-1-1.8, 36.19-1-1.7, 36.19-1-1.6, 36.19-1-1.13), CATAWBA MAGISTERIAL DISTRICT WHEREAS, the City of Roanoke (Montclair) has filed a petition to construct a regional storm water management basin (utility services, major) located 400 feet northwest of the intersection of Ambassador Drive and Envoy Drive (Tax Map Nos. 36.15-1-10, 36.15-1-2, 36.19-1-1.11, 36.19-1-1.10, 36.19-1-1.12, 36.19-1-1.8, 36.19-1-1.7, 36.19-1- 1.6, 36.19-1-1.13) in the Catawba Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this matter on October 7, 1997; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first reading on this matter on September 23, 1997; the second reading and public hearing on this matter was held on October 28, 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 the City of Roanoke (Montclair) to construct a regional storm water management basin (utility services, major) located 400 feet northwest of the intersection of Ambassador Drive and Envoy Drive (Tax Map Nos. 36.15-1-10, 36.15-1-2, 36.19-1-1.11, 36.19-1-1.10, 36.19-1- 1.12, 36.19-1-1.8, 36.19-1-1.7, 36.19-1-1.6, 36.19-1-1.13) in the Catawba 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 condition: (1) No screening and buffering shall be required around the entire perimeter of the basin site; however, screening shall be provided along the rear of the homes along Ambassador Drive. 2. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed to amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. On motion of Supervisor Harrison to adopt the ordinance with amended condition, 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 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 NORTH CITY OF ROANOKE MONTCLAIR DEPARTMENT OF PLANNING 36.15--1-10 AND ZONING SPECIAL USE PERMIT AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, OCTOBER 28, 1997 ORDINANCE 102897-18 TO CHANGE THE ZONING CLASSIFICATION OF A 2.044 -ACRE TRACT OF REAL ESTATE LOCATED AT 3743 CHALLENGER AVENUE (TAX MAP NOS. 50.01-1-2.3 AND 50.01-1-2.5) IN THE HOLLINS MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF C-2, CONDITIONAL, TO THE ZONING CLASSIFICATION OF C-2, UPON THE APPLICATION OF JACK F. WALROND, JR. WHEREAS, the first reading of this ordinance was held on September 23, 1997, and the second reading and public hearing were held October 28, 1997; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on October 7, 1997; 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: That the zoning classification of a certain tract of real estate containing 2.044 acres, as described herein, and located at 3743 Challenger Avenue, (Tax Map Numbers 50.01-1-2.3 and 50.01-1-2.5 ) in the Hollins Magisterial District, is hereby changed from the zoning classification of C-2, Conditional, General Commercial District, to the zoning classification of C-2, General Commercial District. 2. That the conditions imposed upon the 1987 rezoning of a certain tract of real estate containing 2.044 acres and located at 3743 Challenger Avenue (Tax Map Numbers 50.01-1-2.3 and 50.01-1-2.5) in the Hollins Magisterial District, are hereby REMOVED as follows: (1) All fuel storage within the distribution facilities will be underground, providing bottom loading service only. Tanks are to be buff hide -steel with fiberglass sealer. All corners of the storage areas are to be monitored with seepage detectors. (2) All truck storage areas as relates to Walrond Oil Company are to be screened from view from adjacent property owners, by landscaping, earth berm, fence or combination. (3) Retail facilities to be of similar design to Texaco 2000 Outlet. Landscaping per concept plan. (4) Office design to be in substantial conformity to concept plans and architectural description. (5) Walrond Oil Company, Inc. complex will be contained within B-2 and B-3 zoned areas as set forth on the concept plan. (6) Development of the entire tract will be within restrictions as proposed for Perimeter -East Commerce Park. (7) B-3 zoning to be restricted to permitted uses under Section 21-23-2 of the Roanoke County Zoning Ordinance - update August 4, 1986, to users defined under Paragraph 1 and 3. (8) B-2 zoning to exclude the following uses as set forth under Section 21-23-2 of the Roanoke County Zoning Ordinance - update August 4, 1986, public billiard parlor and poolrooms, golf driving range, flea markets and public dance halls. (9) M-1 zoning to exclude the following uses as set forth under Section 21-24-1 of the Roanoke County Zoning Ordinance - update August 4, 1986, automotive 2 repair, overhauling or service requiring outside storage of disabled vehicles, kennels with exterior runs or yards, flea markets and mini -warehouses. (10) A35 -foot buffer strip shall be maintained between light industrial and adjacent Residential and Agricultural Districts. Buffers which abut residential home sites shall be planted with evergreen trees, interspersed with deciduous trees as set forth in Section 21-92, General Standards, Subsection E, F, G of the Screening and Buffering ordinance of Roanoke County, as now adopted or as may hereafter be amended. 460. -.0 (11) Middle curb cut to Lot 2 will provide vehicle entrance only from Route (12) Lot #3 and #4 shall provide for shared access to the curb cut on Route 3. That this action is taken upon the application of Jack F. Walrond, Jr. 4. That said real estate is more fully described as follows: Starting at a point in the easterly right-of-way of U.S. Route 460 East, said point being the northeasterly comer of Lot 3 and the southwesterly corner of New Lot 2B as shown on Survey for Jack Walrond prepared by T. P. Parker & Son, dated March 31, 1988, a copy of which is attached, which point is the Point of Beginning; thence N. 350 20' 19" E. 5.95 feet to a concrete monument in the easterly right-of-way of U. S. Route 460; thence N. 400 23' 27" E. 296.91 feet to a point, said point being at the intersection of the easterly right-of-way of U.S. Route 460 and the southerly right-of-way of a 50' access road; thence leaving U.S. Route 460 and with the southerly line of said access road, S. 510 34' 33" E. 291.45 feet to a point; thence leaving the said 50 foot access road, S. 380 21' 11" W. 300 feet to a point; thence N. 510 34'33" W. 301.60 feet to the Point of Beginning, containing 2.044 acres and being designated as New Lot 2A and New Lot 2B. 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. On motion of Supervisor Johnson to adopt the ordinance removing the original conditions, and carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None A COPY TESTE: "V � Mary H. Allen, CMC Clerk to the 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 4 , . "_: %....,._ �:' ,.-.::c:---�?� � i •'tea ' Y1CINITY HAP c17 -y a �- _ DEAR 'r OF PLAxNir� 50.01-71-2.3 & 2 _5 . AM ZONINGREMOVE• CONDITIONS :a • �QUcsi . ; A I „ 0 R cam-, AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, OCTOBER 28, 1997 ORDINANCE 102897-19 TO CHANGE THE ZONING CLASSIFICATION OF A 22 -ACRE TRACT OF REAL ESTATE LOCATED ON ROUTE 220 AND VALLEY AVENUE (TAX MAP NO. 87.08 -1 -VARIOUS) IN THE CAVE SPRING MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF R-1, R-3, C -2C TO THE ZONING CLASSIFICATION OF C-2 WITH CONDITIONS UPON THE APPLICATION OF LOWE'S COMPANIES, INC. WHEREAS, the first reading of this ordinance was held on September 23, 1997, and the second reading and public hearing were held October 28, 1997; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on October 7, 1997; 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 22 acres, as described herein, and located on Route 220 and Valley Avenue (Tax Map Numbers 87.08 -1 -VARIOUS) in the Cave Spring Magisterial District, is hereby changed from the zoning classification of R-1, R-3, C -2C, Low Density Residential District, Medium Density Residential District, General Commercial District (Conditional), to the zoning classification of C-2, General Commercial District. 2. That this action is taken upon the application of Lowe's Companies, Inc. 3. That the Petitioner, who is the contract purchaser of the property, has voluntarily proffered in writing the following conditions which the Board of Supervisors of Roanoke County, Virginia, hereby accepts: (1) Petitioner proffers to build the Lowe's store in substantial conformity with the preliminary site plan, dated October 7, 1997. Except that Lowe's will flip the location of the garden center and the truck loading docks to the northern property area of the proposed project. (2) Petitioner proffers that if any out parcel, that requires C-2 zoning, is proposed on this site or the adjoining site of White House Antiques, it will be subject to a Special Use Permit regardless of the C-2 use proposed. This will allow the Planning Commission and Board of Supervisors the opportunity to review traffic impacts, circulation and access issues. (3) Petitioner proffers to retain the existing vegetation between the petitioner's site and the property of Quail Valley condominiums. The only exception to this will be the removal of vegetation that is necessary for improvements to the access road for the existing residential properties. (4) If any of the residential homes on Washington Road remain, petitioner proffers to upgrade, pave and maintain Washington Road to provide continuous, adequate and safe access to these houses. This upgrade will be to a standard acceptable to the County and reviewed during the site plan review process. 4. That said real estate is more fully described as follows: Beginning at a point in the westerly right-of-way line of Franklin Road, U. S. Route 220, common corner to Lots 3 and 4, Block 1, Pinkard Court; thence with the westerly right-of-way line of U. S. Route 220 on a curve to the right having a radius of 5677.58 feet, a delta angle of 000 53' 06", a chord of 86.79 feet bearing S. 170 39' 16" E. along the arc a length of 87.69 feet to a point; thence S. 170 12'43" E. 266.43 feet to a point; thence S. 590 16' 34" W. 33.60 feet to a point; thence S. 300 N 43' 26" E. 20.00 feet to a point; thence, S. 170 12' 43" E. 8.32 feet to a point in the said right-of-way line of U. S. Route 220; thence leaving Route 220 and with Old Heritage Corporation and Quail Valley Condominium S. 590 57'51" W. 1022.17 feet to a point in the line of said Quail Valley Condominium; thence along the westerly right-of-way of Washington Road and the line of Leo, Inc. N. 290 17'28" W. 156.01 feet to a metal fence post found; thence with the line of Balow, St.Clair, Old Heritage Corporation and Jernigan N. 290 17' 30" W. 466.32 feet to a point; thence N. 640 20'39" E. 9.76 feet to a point; thence across the end of Valley Avenue N. 25° 39' 21" W. 24.84 feet to a fence post; thence continuing with Jernigan N. 280 10' 03" W. 177.32 feet to a point; thence with Jernigan and the Roanoke County Board of Supervisors and Jernigan N. 820 40' 36" W. 275.75 feet to an iron rod found; thence N. 750 52'47" W. 140.97 feet to an iron rod found, comer to Hairston Cemetery and Craighead Real Estate; thence with Craighead Real Estate N. 650 59' 50" E. 1059.30 feet to a point in the line of R. C. Gallagher; thence with Gallagher S. 140 33' 05" E. 406.07 feet to a point; thence across Valley Avenue S. 240 28' 26" E. 25.00 feet to a point in the southern right-of-way line of Valley Avenue; thence with said right-of-way N. 65° 31' 34" E. 400.21 feet to a point; thence leaving Valley Avenue and with the lines of Lots 1, 2, and 3, Block 1 of Pinkard Court, S. 160 25' 09" E. 123.37 feet to a point; thence with the line of said Lot 3, N. 731 34' 51" E. 122.64 feet to the point of beginning, and containing an area of 21.686 acres of land according to a plat of survey revised date 22 August 1977 by Anderson & Associates, Inc., Document No. 14675-002. 5. That this ordinance shall be in full force and effect thirty (30) days after Lowe's Companies, Inc. becomes the fee simple owner of the entire 21.686 acre tract described above. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed to amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. On motion of Supervisor Minnix to adopt the ordinance with condition #1 amended, and carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None A COPY TESTE: "V. ae-t� Mary H. Allen, CMC Clerk to the 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 4 419 7-C 0-7 ASTOR Ay. r. ST e� i�o R- I R-- 3 - Y C-2 C' TO C-2 DEPARTT-4= OF PUIWING 87.08-1- A,ND ZONING AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, OCTOBER 28, 1997 ORDINANCE 102897-20 AUTHORIZING THE VACATION OF A PORTION OF AN EXISTING 15 -FOOT DRAINAGE EASEMENT AND ACCEPTANCE OF A NEW 15 -FOOT DRAINAGE EASEMENT ACROSS 3.07 ACRES OF LAND ON THE WEST SIDE OF DORSET DRIVE (TAX MAP #76.10-5- 33.1), PROPERTY OF DANNY A. GILBERT AND LINDA K. GILBERT WHEREAS, by subdivision plat entitled "Plat of Section No. 1 SUGAR LOAF MOUNTAIN ESTATES", dated November 18, 1968, and recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Plat Book 7, page 24, a 15 -foot (15') drainage easement was shown and created across the remaining property of Double -R. Corporation; and, WHEREAS, a portion of said remaining property, over which the drainage easement is shown, consisting of 3.07 acres of land and lying on the west side of Dorset Drive in the Windsor Hills Magisterial District of the County of Roanoke, Virginia, and designated on the Roanoke County Land Records as Tax Map No. 76.10-5-33.1, was conveyed by deed dated April 30, 1987, and recorded in the aforesaid Clerk's Office in Deed Book 1261, page 1433, to Danny Arthur Gilbert and Linda Kay Gilbert, husband and wife, the current owners of the property; and, WHEREAS, in connection with a County drainage improvement project to reduce and/or eliminate storm water runoff from an existing inadequate system, designated as Drainage Project P-164, the drainage across the Gilbert property is to be redirected, which I requires relocation of the drainage easement; and, WHEREAS, by deed of easement dated April 25, 1997, Danny A. and Linda K. Gilbert have conveyed a new drainage easement to the Board of Supervisors of Roanoke County, subject to and in exchange for vacation of a portion of the existing drainage easement; and, WHEREAS, the County's engineering staff has recommended and approved the relocation, which will allow for improved storm water management and will serve the public interest; and, WHEREAS, §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 §15.1-431 of the 1950 Code of Virginia, as amended, and first reading of this ordinance was held on October 14, 1997; and the public hearing and second reading of this ordinance was held on October 28, 1997. THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That a portion of a 15' drainage easement across property owned by Danny Arthur Gilbert and Linda Kay Gilbert, husband and wife, shown cross -hatched and designated as "EXIST. DRAINAGE EASEMENT (P.B. 7, PG. 24) TO BE VACATED" upon the'Plat Showing Drainage Easement Being Granted To The Roanoke County Board Of Supervisors By Danny A. Gilbert & Linda Kay Gilbert', dated 28 December 1994, made by Lumsden Associates, P.C., a copy of which is attached hereto as Exhibit A, be, and hereby is, vacated; and, 2. That, in exchange, acquisition and acceptance of a new 15' easement for drainage purposes across property owned by Danny Arthur Gilbert and Linda Kay Gilbert, 2 husband and wife, designated and shown as "NEW DRAINAGE EASEMENT" upon the above-described plat attached hereto as Exhibit A, be, and hereby is, authorized and approved; and, 3. That the County Administrator, or an Assistant County Administrator, is hereby authorized to execute such documents and take such actions as may be necessary to accomplish this vacation and acquisition, all of which shall be on form approved by the County Attorney. 4. That this ordinance shall be effective on and from the date of its adoption, and a certified copy of this ordinance shall be recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in accordance with Section 15.1-482(b) of the Code of Virginia (1950, as amended). 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 of Supervisors cc: File Arnold Covey, Engineering and Inspections Terry Harrington, Planning and Zoning John Birckhead, Real Estate Assessment Paul Mahoney, County Attorney 3 o Q- a - Q � NO C7 = H U W U CL EE W W &i W x U W a 2 0 V z t— ►L- Qzs F- w a H d W z w h }-. w W O Q x N vi z .zWL�cr �m OW.. HH Jaz 3¢ E{ O —i C7 O O < E+ - a s O W r Zr� m — H E O W>4 o �> N Ltf a} .� a E+ C7 z U) ui fn Y �¢rE a'ZO- QRZ a— z 0 0 0 W a to U uu) W o a'< HU zz zcn0aw �W� 0 w d _s H rt U H x 0 U) z Y 0 o W W x z = W Z 0 O a 0 � '� < z O a o LLI a a H R p x E Q Z ' W 1NIA o r z o ooh a �' c nj LU u�7 Q UP-4 C40 l+' w tQ VIC r x..462 3� o j o w� o� 0 c 3 � F\ p✓'c \ s � Qm C _ w -k% Zc crl_� tc O.Wy Otc V ll. N w ¢ ezr EXHIBIT A AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, OCTOBER 28, 1997 RESOLUTION 102897-21 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 of Supervisors cc: File Executive Session