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HomeMy WebLinkAbout3/24/1998 - Adopted Board RecordsAT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MARCH 24, 1998 RESOLUTION 032498-1 EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY UPON THE RETIREMENT OF EDWARD E. "GENE" BURFORD, GENERAL SERVICES WHEREAS, Edward E. "Gene" Burford retired from Roanoke County on March 1, 1998, after twenty-seven years of services, and was inducted into the Quarter Century Club in 1997; and WHEREAS, Mr. Burford was first employed in 1971 as a Motor Equipment Operator 1 in the General Services Department, and has also served as Laborer, Fuel Dispenser Attendant, Refuse Collector, and Custodian; and WHEREAS, Mr. Burford has a pleasing disposition and friendly attitude, and was always willing to go the extra mile for his co-workers, such as opening the Roanoke County Administration Center during non-operating hours; and WHEREAS, Mr. Burford, through his employment with Roanoke County, has been instrumental in improving the quality of life for its citizens. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County expresses its deepest appreciation and the appreciation of the citizens of Roanoke County to EDWARD E. "GENE" BURFORD for twenty-seven years of capable, loyal and dedicated service to Roanoke County. 1 FURTHER, the Board of Supervisors does express its best wishes for a happy, restful, and productive retirement. On motion of Supervisor Nickens to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None A COPY TESTE: Brenda J. Holto , Deputy Clerk Roanoke County Board of Supervisors cc: File Joseph Sgroi, Director, Human Resources Resolutions of Appreciation File 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MARCH 24, 1998 RESOLUTION 032498-2 APPROVING THE APPROPRIATION OF AND PRIORITIZING THE EXPENDITURE OF FUNDS FOR FY 1998-99 and FY 1999-2000 FROM THE VIRGINIA JUVENILE COMMUNITY CRIME CONTROL ACT WHEREAS, the County of Roanoke has been advised that it will receive monies from the Virginia Juvenile Community Crime Control Act in the amount of $490,374 each for FY 1998-99 and FY 1999-2000, and WHEREAS, these monies must be used to fund services for the target populations identified in the Act which include CHINS (Children in need of services), CHINSUP (Children in need of Supervision), Delinquent, Diverted, and First Offender children, and WHEREAS, the County staff has coordinated with the Director of the Court Service Unit and the Judges of the Juvenile and Domestic Relations Court to determine the services necessary to address the needs of the children appearing before the Court and before the intake officers, and WHEREAS, the services of Intensive Probation, Community Services programs, Probation Aide Services, and the purchase of services for Outreach Detention, Crisis Intervention, and group residential care have been identified as the highest priority needs for the targeted population of Roanoke County appearing before the court and the intake officers, and WHEREAS, the County recognizes the requirement to provide the local Maintenance of Effort (MOE) monies in the amount of $24,644 for each of the two fiscal 1 NOW, THEREFORE BE IT RESOLVED by the Board of Supervisors of Roanoke County that the VJCCCA monies are hereby accepted in the amount $490,374 for FY 1998-99 and FY 1999-2000 are hereby appropriated for the above referenced programs. On motion of Supervisor Nickens to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None A COPY TESTE: &U-4� Q. k6-� Brenda J. Holt , Deputy Clerk Roanoke County Board of Supervisors cc: File John M. Chambliss, Jr., Assistant County Administrator Diane D. Hyatt, Director, Finance Michael Lazzuri, Court Services Marty Gilmore Department of Juvenile Justice 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MARCH 24, 1998 RESOLUTION 032498-2 APPROVING THE APPROPRIATION OF AND PRIORITIZING THE EXPENDITURE OF FUNDS FOR FY 1998-99 and FY 1999-2000 FROM THE VIRGINIA JUVENILE COMMUNITY CRIME CONTROL ACT WHEREAS, the County of Roanoke has been advised that it will receive monies from the Virginia Juvenile Community Crime Control Act in the amount of $490,374 each for FY 1998-99 and FY 1999-2000, and WHEREAS, these monies must be used to fund services for the target populations identified in the Act which include CHINS (Children in need of services), CHINSUP, (Children in need of Supervision), Delinquent, Diverted, and First Offender children, and WHEREAS, the County staff has coordinated with the Director of,the Court,Service Unit and the Judges of the Juvenile and Domestic Relations Court to determine the services necessary to address the needs of the children appearing before the Court and before the intake officers, and WHEREAS, the services of Intensive Probation, Community Services programs, Probation Aide Services, and the purchase of services for Outreach Detention, Crisis Intervention, and group residential care have been identified as the highest priority needs for the targeted population of Roanoke County appearing before the court and the intake officers, and WHEREAS, the County recognizes the requirement to provide the local Maintenance of Effort (MOE) monies in the amount of $24,644 for each of the two fiscal 1 NOW, THEREFORE BE IT RESOLVED by the Board of Supervisors of Roanoke County that the VJCCCA monies are hereby accepted in the amount $490,374 for FY 1998-99 and FY 1999-2000 are hereby appropriated for the above referenced programs. On motion of Supervisor Nickens to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None A COPY TESTE: &J.41& Q kLa� Brenda J. Holt , Deputy Clerk Roanoke County Board of Supervisors cc: File John M. Chambliss, Jr., Assistant County Administrator Diane D. Hyatt, Director, Finance Michael Lazzuri, Court Services Marty Gilmore Department of Juvenile Justice 2 A ACTION NO. -032498-3 ITEM NO. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: March 24, 1998 AGENDA ITEM: Consideration of claim by Edward C. Woodard COUNTY ADMINISTRATOR'S COMMENTS: Recommend denial of this claim for damages resulting from sewer backup. It would be easy and popular to pay this claim because of the small dollar amount. However, that sets a precedent for which we are not prepared. We have worked under a policy similar to that of VDOT, we provide the public utility and maintain it to our best ability. Occasionally, someone will "hit a pothole" and have damage. We are pleased to have this few number of claims with the effects of "EI Nino." All surrounding localities have had similar or worse experiences. If the Board wishes to consider this claim under a "Mr. Goodwrench" policy, we should revise the policy to determine when and when not to participate. We need to establish guidelines for our participating when the property owner HAS homeowners insurance and when there is NO insurance. Do we purchase umbrella coverage for the very large claim? We need to measure depreciation and factor that into our formula. We then need to establish a reserve fund to pay claims. Based on the number of claims we have had in the past five years, $50,000 per year should be sufficient. This can be taken out of the Utility Fund but may impact rates if there is a very large claim. Again, I recommend denial. If you choose otherwise, I recommend a work session to discuss it further. EXECUTIVE SUMMARY: This claim by Edward C. Woodard seeks $2,470.14 for damages to their property as a result of a sewer back-up on December 16, 1997. BACKGROUND: Section 15.2-1245 et seg, of the Code of Virginia, establishes a procedure for the submission of claims by citizens to the governing body for action. The Board of Supervisors may either allow the claim and authorize its payment, or it may disallow the claim. No legal action may be maintained by any person against the County upon any claim or demand unless that person shall have first presented his claim to the board of supervisors for allowance. SUMMARY OF INFORMATION: On December 16, 1997, a blockage in the main sewer line resulted in a backup of sewage into the house owned Mr. Woodard at 5523 Cynthia Drive, Roanoke, Virginia 24018. After investigation by both County staff and the VACo Insurance Programs Group Self Insurance Pool, it is determined that the facts do not justify making payment on behalf of Roanoke County. It appears that the blockage was caused by grease in the sewer line. County staff also found a tree root invasion of the sewer line. The grease may have built up behind the tree roots. Travelers Property Casualty Corp., Mr. Woodard's homeowner's insurance carrier, also declined coverage. There is prior history of a sewer blockage in an adjoining sewer line segment. On June 28, 1990, there is a record of a backup at 5517 Cynthia Drive (next door to Mr. Woodard's property). Mr. Woodard has submitted a letter from Charles R. Simpson (the prior owner) stating that a backup occurred "six or seven years ago", but this was never reported to the County. This blockage was caused by roots and grease. The line was rodded to remove the roots and grease. Then the line was televised, and no damage or structural defect to the sewer line was found. The roots were lying loose in the bottom of the line, and could have washed down from anywhere in the system as any foreign matter. The line was inspected for defects, but none were found. Therefore, no further repair work or action was warranted. On December 18, 1997, after clearing the blockage in the sewer line, a shear break in the line was found. This break has been repaired (a point repair). It is assumed that the shear break in the sewer line allowed roots to enter the line; then grease built up behind the roots, restricting the flow of sewage, and resulting in the backup into Mr. Woodward's house. These two events (June 28, 1990 and December 16, 1998) are unrelated to one another. They occurred in different sewer line segments or sections. The backup in 1990 was in a different line section and could have effected both properties. The 1997 blockage would only effect the subject property. A recent decision (1989) of the Supreme Court of Virginia (Town of Vinton v. Roger Bryant, et al, 238 Va. 229) addresses the legal issue of this claim. The sewage backup that caused the Bryant's damage occurred when a clog of grease formed in the Town's sewer line in front of Bryant's home. Prior to the backup this particular line never caused any difficulty. The Town regularly cleaned and inspected the line. The Supreme Court quoted from an earlier, similar case, to repeat that negligence cannot be presumed from the mere occurrence of damage. The plaintiff or claimant must produce evidence showing that the defendant is guilty of negligence which was the 2 proximate cause of the event. He proved only that a blockage occurred and that they suffered damage. This is not sufficient to prove that a local government is negligent, and proof of negligence is an essential element of any claim. The Board will also recall the work session of March 10, 1998, during which the Utility Director briefed the Board on the County's extensive sewer line inspection, repair and replacement program (the Utility Department annually spends approximately $1 Million on the SSER program, including $380,000 for sewer line repair and replacement). The County's inspection, repair and replacement program exceeds that of any other locality in the Roanoke Valley. FISCAL IMPACTS: Allowance of this claim will result in the payment of $2,470.14 to Mr. Edward C. Woodard. Allowance of this claim, absent a showing of any negligence on the part of the County, may result in the payment of additional, questionable claims, thereby resulting in increased costs to the Utility Fund. Since the Utility Fund is an enterprise fund, these increased costs may result in future rate increases to utility customers. ALTERNATIVES: The Board may choose among the following alternatives: 1) Allow the claim and authorize the payment of $2,470.14 to Mr. Edward C. Woodard; 2) Disallow the claim. Disallowance will permit Mr. Woodard to pursue his claim in court. STAFF RECOMMENDATION: It is recommended that the board disallow this claim. 3 Respectfully submitted, Paul M. Mahoney County Attorney ------------------------------------------------------------------------------------------------------ ACTION VOTE No Yes Abs Approved (x) Motion by: H. Odell Minnix to DENY Harrison _ x _ Denied () Johnson _ x _ Received () McNamara _ x _ Referred ( Minnix _ x _ To () Nickens — x _ cc: File Paul M. Mahoney, County Attorney Edward C. Woodard 2 Town of Vinton v. Bryant 229 238 Va. 229 (1989) TOWN OF VINTON V. ROGER BRYANT, ET AL. Record No. 880382 September 22, 1989 Present: All the Justices Judgment in favor of homeowners for property damage caused by the alleged negligence of a municipality in per- miving sewer.lines to back up and sewage to enter their home was not supported by sufficient evidence and is ''- reversed. -Torts — Negligence — Evidence — Damages — Burden of Proof — Cities, Counties and Towns clog in the municipal sewer line in front of the home of the plaintiffs caused a backup of sewage which entered the home. The sewer system was inspected •and cleaned once a year as part of a one-year complete circle of the town. The homeowners recovered for the property damage and the municipality ii appeals. Negligence cannot be presumed from the mere occurrence of damage and the burden is on a plaintiff to produce evidence of preponderating weight from which the trier of fact can find that the defendant was guilty of negli- gence which was a proximate cause of the event. The evidence must prove more than a probability of negligence. Here the r plaintiff homeowners failed to carry their burden of producing evidence of <' preponderating weight from which the jury could find that the municipality was guilty of negligence. Plaintiffs proved only that a blockage occurred in the sewer line and that they suffered damage as a result. Proof of the essential element of negli- gence as the cause of the blockage was lacking and the judgment of the trial court is reversed. ppeal from a judgment of the Circuit Court of Roanoke nty. Hon. Gerald O. Clemens, judge presiding. Reversed and final judgment. usan W. Spangler (David B. Hart; Fox, Wooten & Hart, P.C., )riefs), for appellant. Cha 230 Town of Vinton v. Bryant 238 Va. 229 (1989) Anthony F. Anderson (Melissa W. Friedman, on brief), for appellees. Chief Justice Carrico delivered the opinion of the Court In a jury trial, the plaintiffs, Roger Bryant and Linda Bryant, recovered a verdict against the defendant, the Town of Vinton, in the sum of $2,830.74 for property damage caused by the Town's alleged negligence in permitting sewage to back up and enter the Bryants' home. The trial court entered judgment on the verdict, and we granted the Town an appeal. The Town has assigned a number of errors. In our opinion,' however, the dispositive question is whether the Br}.ants produced sufficient evidence of negligence on the part of the Town to sup- port the jury's verdict. The evidence shows that the backup which caused the Bryants' damage occurred on January 10, 1985, when a "cloC of grease formed in the Town's sewer line located under the street in front of the Bryants' home. Prior to the backup, this particular line had never caused any difficulty. The Town inspected and cleaned each sewer line once during the year as part of a "one-year complete circle of the town." The line in question was inspected and cle- aned during the July or August preceding the January 1985 backup. The Bryants say they established negligence on the part of the Town by showing that the backup in question occurred during the x winter months; that sewer lines become clogged more often during winter when the cold solidifies grease; that the Town knew sewer ,Q lines are more likely to become blocked in the winter; and that, despite this knowledge, the Town inspected and cleaned the line in _ question only during the summer. The Bryants maintain that a jury could reasonably conclude from the evidence that had the Town "cleaned and inspected the sewers in the winter when there is a propensity toward clogs, rather than in the summer, the sew-, age backup would have been prevented." [ 1-2) We disagree with the Bryants. In Town of West Point V. 't Evans, 224 Va. 625, 299 S.E.2d 349 (1983), we said: x Negligence cannot be presumed from the mere occurrence of damage. The burden is on a plaintiff to produce evidence of preponderating weight from which the trier of fact can find Town of Vinton v. Bryant 231 238 Va. 229 (1989) that the defendant was guilty of negligence which was a proximate cause of the event resulting in damage. The evi- dence must prove more than a probability of negligence. Id. at 627-28, 299 S.E.2d at 351. In this case, the Bryants failed to carry their burden of produc- ing evidence of preponderating weight from which the jury could find the Town guilty of negligence. The Bryants' burden required them to prove that the Town, knowing blockages are more likely to occur during cold weather, was negligent in failing to inspect and clean its sewer lines during wintertime, rather than summer and Town's practice, however, was to inspect and clean its time.lines on "a one-year complete circle" program, which meant, of necessity, that some lines would be inspected and cleaned in sum- mertime and others in wintertime. So far as the record shows, the scheduling of the line in question for summertime treatment re- sulted from mere coincidence, rather than carelessness. It was also the Town's practice to make more frequent inspec- ,tions of those lines in which blockages had previously occurred. The record shows conclusively, however, that no difficulty had been experienced with the line serving the Bryants' property prior to the time the backup in question occurred. Nothing in the record suggests that the Town's practices are unreasonable in any way. Indeed, the evidence is uncontradicted that the Town's "once a year routine maintenance" program is "consistent with what . .. other local government [entities are] doing with their sewer systems." [3] In the final analysis, all the Bryants proved was that a } _ blockage occurred in the Town's sewer line and that they suffered damage as a result. Lacking is proof of the essential element of negligence as the cause of the blockage. Accordingly, the judg- ment of the trial court will be reversed, the jury verdict set aside, P- and final judgment entered here in favor of the Town. Reversed and final judgment. 5523 Cynthia Dr. Roanoke, Va. 24018 Mar. 12, 1998 To the Board of Supervisors of Roanoke County: This is to verify the following; On Dec. 16,1997 at approximately 7:15a.m. my home was flooded by raw sewage coming from the drain in my basement floor. This extended through both the finished and unfinished parts of our basement. The cleanup and replacement costs amounted to just under $ 2,500.00. I wish to request reimbursement for damage done due to the negligence of Roanoke County Utility Dept.. This letter is to verify the following items... A) A letter verifying that my own home insurance policy does not cover this damage. B) A letter from Charles R. Simpson confirming that this has happened before at this address. C) A letter from Service Master detailingclean-UP costs ............................... $619.50 D) A letter from Carpet Village detailing the costs of carpet replacement. $1,610.64 E) A phone # (540) 982-6686 to Wes Chappell of Fret Mill Music Co. Of Roanoke Historic City Market who gave us the estimated cost of replacing our son's Bass Drum -Ludwig Rocker 16"x 22"......$240.00 Total costs $2,470.14 I would appreciate your immediate attention to this matter in order to avoid legal action. Thank you. Count-� � '�anr�olcC SLS r �Oe Ecce -Nn', 5 G�` cc Edward C. Woodard Q -,r, 5 Subs -f', b -c( Q n c l Gray &( (Y)�Irc.fg , 15(q,6 n�uY� PL MY Commission Expires February 28, 1999 Charles R Simpson, Inc. January 8, 1998 RE: 5523 Cynthia Drive Roanoke, VA TO WHOM IT MAY CONCERN: This is to confirm that six to sevens years ago, I was the owner of the above referenced property. At this time, we experienced a sewer back-up in the main line. Due to the damage caused by the water and sewage, we had to redo the carpeting, linoleum, and baseboards, etc. in the family room, bedroom, bath, and storage room. Sincer y, Charles R. Simpson CRS.jcs Received nl Roanoke County V Risk Mgmt ��;; of ���f�Za-61, P. O. BOX 20539 • 3420 ELECTRIC ROAD • ROANOKE, VIRGINIA 24018 TELEPHONE 774-3407 5523 Cynthia Drive Roanoke, Va. 24018 Home (540) 772-4902 Work (540) 774-3217 Jan. 7, 1998 To Whom It May Concern, On Dec. 16, 1997 at approximately 7:15 a.m., my home was flooded by raw sewage coming from the drain in my basement floor. The sewage covered the unfinished basement portion of the floor, ran into the carpeted hallway and closet, seeped into the lower part of the carpeted stairs, into the carpeted basement den, and seeped into the carpet of the downstairs bedroom and closet. Most furniture damage was minimal because of the speed which we used in attempting to get our possessions out of harm's way. My son's bass drum was damaged with the sewage seeping into its interior. Other more fragile items were lost. We spent the entire first day attempting to clean up the mess and figure out what happened. It is clear to me now that the cause was from the county's main sewage line in front of our house. This has happened before to our house (though I was not living in it at the time... approximately 6-7 years ago). Enclosed is a note verifying that my own insurance will not cover this. There is also a letter from the company that came in the following day (after our futile attempt to clean and dry the rugs) who essentially removed the padding and rugs because of the sewage and odor. They disinfected our basement and dryed it out allowing us to to remain in the house (the bacteria count had begun to climb and the odor as well) Another letter verifies the cost of rug and pad replacement and installation. Another letter verifies that this is a repeat performance at the same address. My son got an estimate on what the replacement cost would be for his bass drum. This of course does not include any of the first day expenses (three people N1,ro j S 9 7077 M p pec(gved z4" MB�� �3 working the majority of the day to clean out the initial sewage, a water pump's use to keep the sewage from spreading completely through the basement, a water vacuum for attempting to remove the liquid sewage from the rugs and floors. Meals for the workers.) Neither does this include the extreme inconvenience and hardship that this placed on my family and myself ..five days before an Open House pertaining to work that was planned had to be canceled... lost work hours—eight days before Christmas... living for at least 3-4 weeks with only half the house available with furniture, boxes and items piled up everywhere. I am not "after blood" in terms of damages. I am willing to settle this for a little less than $2,500. However, you might have guessed that I am more than a little "ticked". I personally would prefer not to contact a lawyer over this. Therefore I strongtv encourage quick action on this matter. If this is done quickly and in good faith, I will not lengthen my list of costs. If you have questions about any of this or any of the bills and estimates that are enclosed... don't hesitate to contact me. Thank You, Edward C. Woodard P \ ' Received Roanoke County N� Risk M&A AG' AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, ON TUESDAY, MARCH 24, 1998 RESOLUTION 032498-4 APPROVING THE ROANOKE REGIONAL AIRPORT COMMISSION BUDGET FOR FY 1998-99, UPON CERTAIN TERMS AND CONDITIONS WHEREAS, Section 24.13 of the Roanoke Regional Airport Commission Act and Section 17.(a) of the contract between the City of Roanoke, Roanoke County, and the Roanoke Regional Airport Commission provide that the Commission shall prepare and submit its operating budget for the forthcoming fiscal year to the Board of Supervisors of the County and City Council of the City; and WHEREAS, by report dated March 11, 1998, a copy of which is on file in the office of the Clerk to the Board, the Executive Director of the Roanoke Regional Airport Commission has submitted a request that the County approve the FY 1998-99 budget of the Roanoke Regional Airport Commission. THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia that the FY 1998-99 budget and proposed capital expenditures for the Roanoke Regional Airport Commission as set forth in the March 11, 1998, report of the Commission Executive Director, a copy of which is incorporated by reference herein, is hereby APPROVED, and the County Administrator and the Clerk are authorized to execute and attest, respectively, on behalf of the County, any documentation, in form approved by the County Attorney, necessary to evidence said approval. On motion of Supervisor Nickens to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None A COPY TESTE: &A.4&Q 90-44�� Brenda J. Hol n, Deputy Clerk Roanoke County Board of Supervisors cc: File Diane D. Hyatt, Director, Finance Jacqueline L. Shuck, Executive Director, RRAC Paul M. Mahoney, County Attorney Bob L. Johnson, Chairman, RRAC Mary F. Parker, Clerk, Roanoke City Council 2 23 -Leh -98 ATTACHMENT I ROANOKE KLUIUNAL AIRPORT COMMISSION FOR YEAR 1998-99 BUDGET CommBudg98-99 1997-98 Budgeted 1998-99 Budgeted EXPENSE BUDGET I Expenditures Expenditures 1. Operations and Maintenance Expenses $1,755,390 $1,825,253 A. Salaries, Wages and Benefits B. Operating Expenditures 1,995,760 2,076,009 C. Other Projects 70,000 126,100 Total Operations and Maintenance 3,821,150 4,027,362 2. Non -Operating Expenses A. Interest 527,225 503,511 B. Debt Service 317,581 339,032 Total Non -Operating 844,806 842,543 3. Capital Expenses 160,530 101,390 A. Capital Projects and Purchases B. Multi -Year Projects 0 168,500 Total Capital Expenses 160,530 269,890 Total Budgeted Expenditures $4,826,486 $5,139,795 1997-98 Budgeted 1998-99 Budgeted REVENUE PROJECTIONS Projected Revenues Projected Revenues 1. Operating Revenues A. Airfield $1,003,897 $1,127,324 B. General Aviation 112,194 132,195 C. Terminal Related 3,333,031 3,949,914 D. Other Revenues 225,313 228,023 Total Projected Operating Revenues 4,674,435 5,437,456 2. Non -Operating Revenues 46,000 48,000 A. Interest from Debt Service B. Interest on Investments 400,000 370,000 Total Projected Non -Operating Revenues 446,000 418,000 $5,120,435 $5,855,456 Total Projected Revenue ATTACHMENT II Proposed Capital Expenditures (For projects expected to exceed $100,000 in cost and intended to benefit five or more accounting periods) A. Projects 1. Construct Overflow Parking Lot a.) Description: Construct 300-350 vehicle overflow, surface parking lot across Aviation Drive from airport terminal building. b.) Justification: During holidays, spring break and other heavy travel times, the current public parking lots are filled and some cars are required to park in the grass field across the street. The new overflow lot is proposed in order to avoid losing customers and to delay the need to expend funds for the construction of a parking deck. Estimated Cost: $400,000.00 B. Funding Sources Federal AIP Grant Funds -0- State Aviation Grant Funds -0- Commission Funds 400,000.00 City and County Funds -0- Estimated Total Project Funding $400,000.00 csp030598.h CommlattachII.bgt RESOLUTION OF THE ROANOKE REGIONAL AIRPORT COMMISSION Adopted this 11th day of March 1998 No. 03-031198 A RESOLUTION approving and adopting the Commission's Operating and Capital Purchase Budget for fiscal year 1998-99. BE IT RESOLVED by the Roanoke Regional Airport Commission that the fiscal year 1998-99 Operating and Capital Purchase Budget for the Commission as set forth in the report and accompanying attachment by the Executive Director dated March 11, 1998, is hereby approved; BE IT FINALLY RESOLVED that the Executive Director is authorized on behalf of the Commission to submit the fiscal year 1998-99 Operating and Capital Purchase Budget, as well as a list of Proposed Capital Expenditures, to the Roanoke City Council and the Roanoke County Board of Supervisors for approval pursuant to the contract between the Commission, Roanoke City and Roanoke County dated January 28, 1987, as amended. ATTEST: Secreta AYES: Macfarlane, Smith, Turner, Whittaker, Johnson NAYS: None ABSENT: None A-032498-5 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: March 24, 1998 SUBJECT: Request for Approval of FY 1998-99 Cable Television Budget COUNTY ADMMSTRATORS COMMENTS: BACKGROUND INFORMATION: Roanoke County, the City of Roanoke, and the Town of Vinton jointly operate Roanoke Valley Television (RVTV). The initial equipment and facilities for the television studio were funded through a capital grant from Cox Communications in the amount of $480,000. The studio is located at the Jefferson Center, and currently employs four full time staff members who produce videos and shows for the local governments and school systems which are cablecast along with government meetings on Cox Communications Channel 3 and Adelphia Communications Channel 3 in the West County area. RVTV is governed by the Roanoke Valley Regional Cable Television Committee, which includes representatives from the City, the County, and the Town. The operating budget for RVTV is provided for by the three governments, based on the proportion of Cox customers located in each jurisdiction. The governing bodies have informally agreed to provide up to 20% of the franchise fee paid by Cox Communications to fund the operations of the facility. During 1997, RVTV has produced the following for the County: nine departmental videos or public service announcements, 11 Roanoke County Todays, 11 videos, 22 live Board meetings, and has also provided upkeep of the Message Board. Additionally, a new Roanoke County School show, Accent Excellence, debuted, and will be produced quarterly. Overall, programming increased 55% in the last year, as the staff works toward the goal of increasing use of Channel 3. This is particularly impressive, considering that RVTV staff was reduced to two people for several months during the year, due to illness and turnover. The Cable Television Committee recently approved purchase of an automated playback system, which will greatly increase the number of hours per day that programming can be played on Channel 3, without increasing staff time to do so. This piece of equipment should become operational later in the spring. SUMMARY OF INFORMATION: The Roanoke Valley Cable Television Committee has approved the attached budget for the Fiscal Year 1998-99 for the operation of RVTV. The budget includes the following highlights: Reinstatement of the Assistant Station Manager position. When the Assistant Station Manager position became vacant due to an internal promotion, it was reclassified to a television producer position. Since that time, with the current compliment of four full time staff members and the increasing demands for programming, the Cable Television Committee approved the reclassifica- tion of the position back to its original grade. Addition of a part-time production assistant. Adding an additional part time employee will allow coverage in the station during cablecasts of live Board and Council meetings, and provide for additional assistance in the video production area. The part time position can also assist with the data entry which will be needed for the new automated playback system. Cable Television staff is carried on the County's payroll and benefit system and will receive the same increase as County employees. The proposed budget includes 3% for raises for the staff, but actual raises will be at the County rate. FISCAL IMPACT: The total RVTV budget request is $197,670, of which Roanoke County's share is 33.8%, or $66,812, an increase of $2,256 over last year's budget. The total franchise fee paid by Cox to Roanoke County last year is around $405,000, and 20% of that is $81,000, or $14,000 less than this budget request. The total budget increase is 3%, due to savings in salaries from turnover. Employees entering a new position earn less than those who left the position, holding the increase for this year to a small amount. RECOMMENDATION: The Cable Television Committee recommends that the Board approve this budget request in the amount of $66,812. Anne Marie Green, APR Director, Community Relations Approved (x) Denied ( ) Received ( ) Referred ( ) To ( ) Elmer C. Hodge County Administrator ACTION Motion by: Harry C. Nickens to approve Harrison the budget Johnson cc: File Anne Marie Green, Director, Community Relations Brent Robertson, Budget Manager Vincent Copenhaver, Finance Department Diane D. Hyatt, Director, Finance VOTE No Yes Abs McNamara _ Minnix Nickens RVTV 1997 Productions Edited Videos Title Client Length Accent Excellence PSA Roanoke County :30 Bond Roanoke City 5:40 Christmas Parade Roanoke City 1:02:00 City Stage -History Time Roanoke City Schools 10:00 City Stage -The Wiz Roanoke City Schools 2:33:00 City Stage -A Dolls House Roanoke City Schools 2:35:00 County Stage -Colonial Times Roanoke County Schools 27:00 County Stage-G1enCove Authors Roanoke County Schools 1:03:00 County Stage -Let George Do It Roanoke County Schools 40:00 DARE Camp Music Video Roanoke City 5:12 Employee Orientation Roanoke City 12:00 Fire Ability Test Roanoke City 5:50 Fire & EMS Music Video Roanoke County 4:00 Fire & Rescue Services Roanoke County 6:45 Fire Safety Tips Roanoke County 1:50 Police Recruitment Roanoke City 11:35 Take A Stand Roanoke City 9:45 The Permit Zone Roanoke County 13:48 Trash Automation Roanoke City 5:40 VIEW -Welfare Reform Roanoke County 5:50 (3)Vocational Education PSAs Roanoke County Schools 1:30 Ward System Roanoke City 3:00 Totals: Overall 56 City 34 County 22 Vinton 0 Percentage City 61% County 39% Vinton 0% * Two special events were covered for the Town of Vinton - Vinton Bluegrass Festival & Dogwood Festival 1997 Live Meetings Totals Meeting 22 Board of Supervisors 25 City Council RVTV covers all major special events in the City and the County, including Press Conferences and Ground Breakings. In addition, many Training Sessions and Ceremonies are also recorded. 1997 Shows Total Title Client Time 11 City Show Roanoke City 28:50 each 11 Roanoke County Today Roanoke County 26:50 each 11 Spotlight On City Schools Roanoke City Schools 25:00 each 1 Accent Excellence Roanoke County Schools .25:00 each Totals: Overall 56 City 34 County 22 Vinton 0 Percentage City 61% County 39% Vinton 0% * Two special events were covered for the Town of Vinton - Vinton Bluegrass Festival & Dogwood Festival 1997 Live Meetings Totals Meeting 22 Board of Supervisors 25 City Council RVTV covers all major special events in the City and the County, including Press Conferences and Ground Breakings. In addition, many Training Sessions and Ceremonies are also recorded. ROANOKE VALLEY TELEVISION —GOVERNMENT AND EDUCATIONAL ACCESS 541 LUCK AVE., S.W, SUITE 145 ROANOKE, VIRGINIA 24016 —(703)343-0436 RVTV Productions 1996 & 1997 Departmental Videos Shows Live Cablecasts Average Hours of Programming Per Month Average Hours of Programming Per Year 1996 1997 Increase 18 22 +4(+22%) 29 34 +5(+17%) 39 47 +8(+21%) 67* M *based on hours of programming since May 1996 104 1,248 +37(+55%) +444(+55%) RVTV Proposed 1998-99 Budget Increase over last year: $6,675 or 3% Budget Proposed 1010 Regular 106,719.00 103,060.00 1020 Part -Time 0 8,320.00 2100 FICA - Employer Contribution 8,162.00 8,521.00 2200 Retirement - VRS 12,603.00 13,150.00 2300 Group Health Insurance 7,864.00 6,078.00 2310 Group Dental Insurance 724.00 280.00 2400 Life Insurance - VSRS 373.00 361.00 3013 Professional Services - Other 7,500.00 7,500.00 3202 Repairs (Office Equipment) 500.00 500.00 3209 Repairs (Other Equipment) 1,000.00 1,000.00 3503 Printed Forms 500.00 500.00 3610 Advertising 0 500.00 5210 Postage 250.00 250.00 5230 Telephone 2,000.00 2,600.00 5235 Car Phones 300.00 300.00 5305 Motor Vehicle Insurance 1,600.00 1,600.00 5308 General Liability Insurance 1,100.00 1,100.00 5410 Lease/Rent of Equipment 500.00 500.00 5420 Lease/Rent of Buildings 26,600.00 26,600.00 5501 Travel (Milage) 250.00 250.00 5504 Travel (Convention & Cont) 1,000.00 1,000.00 5520 Dinner Meetings & Luncheons 500.00 500.00 5540 Training & Education 3,750.00 6,000.00 5801 Dues & Association Membership 700.00 700.00 6010 Office Supplies - General 1,000.00 1,000.00 6013 Small Equipment & Supplies 0 1,000.00 6014 Video Supplies 2,500.00 3,000.00 6080 Gas, Oil & Grease 500.00 500.00 6202 Subscriptions 2,500.00 1,000.00 Total 190,995.00 197,670.00 Increase over last year: $6,675 or 3% Cox Communications 1997 Franchise Fees Cox Communications paid a 5% franchise fee to the local governments in 1997 which amounted to $1,288,556.00. The local governments have traditionally agreed to allocate up to 20% of the franchise fees collected to the RVTV Operating Budget. For the coming year, that amount would be $257,711. RVTV is requesting a budget of $197,670, which is $60,041 less than that amount. Cox calculates the percentage of subscribers in each locality as follows: City 58.8% County 33.8% Vinton 7.4% Based on those figures, each locality's contribution to an Operating Budget of $197,670 would be as follows: City $116,230 County $66,812 Vinton $14,628 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MARCH 24, 19987 RESOLUTION 032498-6 REQUESTING VDOT TO CONTINUE FUNDING PROJECTS CURRENTLY ON THE PLAN AND ADOPT THOSE PROJECTS IDENTIFIED AS "PROJECTS NOT ON PLAN" FOR INCLUSION INTO THE 1998- 2004 PRIMARY AND INTERSTATE SIX YEAR IMPROVEMENT PLAN WHEREAS, the Six Year Improvement Program is the Commonwealth Transportation Board's plan for identifying funds anticipated to be available for highway and other forms of transportation construction; and WHEREAS, this program is updated annually to assist in the allocation of federal and state funds for interstate, primary, and secondary roads. BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia as follows: 1. That the following projects identified as "Projects on Plan" are recommended to continue to receive funding for planning and construction; and • Interstate 81 - Roanoke County is very pleased with the Interstate 81 improvement study recently published and will be forwarding our concerns within a couple of months. • Interstate 73 — Again, Roanoke County is very pleased with the progress on future Interstate 73 and we continue to support the 220 corridor as an 1-73 location. Roanoke County will be forwarding our preferred corridor/alignment later this year. • Rte. 221 (Bent Mountain Road) - Roanoke County is requesting continued allocation of funds for this project. Roanoke County is very receptive in splitting this project into two phases; especially if construction funds are not available for the whole project. Our immediate concerns are the horizontal curves within the first mile of proposed improvements. • Rte. 220 South - Roanoke County is pleased that the two miles of 220 South are being straightened. We look forward to the completion of this project. Rte. 11/460 West - Roanoke County is appreciative that this project finally made the plan. Roanoke County requests additional funding so this project can move forward as quickly as possible. Rte. 419 - The right turn lane proposed along 419 at Hidden Valley school is also a welcome improvement and we look forward to its completion. 2. That the following projects identified as "Projects Not on Plan" have been identified by the Board of Supervisors as extremely important to the growth of Roanoke County and are requested to be included in the VDOT Six Year Improvement Program for the 1998-99 Fiscal Year. They are listed in priority order. 1. Rte. 11 (Williamson Road Need: Now that Rte. 11 has been widened from Plantation Road (Rte. 115) to Hollins College, there remains one section of three lane road from Peters Creek Road (Rte. 117) to the Roanoke City limits. Additionally, the existing bridge over Carvins Creek does not meet current standards, and the realignment of Florist Road with Rte. 11 have created additional congestion and safety concerns. The existing section of road, 1.52 miles, is a three -lane road with the center lane used for turning movements. Ninety percent of the tracts adjacent to Williamson Road are developed for commercial use. Traffic counts: 15,000 vehicles per day from the Roanoke City limits to Peters Creek Road. This stretch of road has also been identified as an alternate route in case of a blockage on 1-81/581. Recommended Improvements: A five -lane highway with appropriate turning lanes, which will complete improvement of Williamson Road from the city limits to the intersection of Rte. 115. Cost: $10, 000, 000. 2. Rte. 115 (Plantation Road Need: The existing road, 2.43 miles, is two lanes with many side 2 connections to residential neighborhoods. The road needs to be improved from Roanoke City limits north, to Rte. 11. If full funding is not available, various spot improvements, such as turn lanes, alignment and grade improvements, would help with safety issues. Additional land is available along the road for future development, which will increase traffic in the future. Traffic Counts: From the Roanoke City limits to Williamson Road, 11,000 vehicles per day. Recommended Improvements: Five lane flush highway with appropriate turning lanes. Cost: $12,000,000 - $15,000,000. 3. Rte. 220S (Franklin Road) Need: Increased development (Roanoke City and County) along this stretch of road is creating traffic congestion for 220 expressway and Rte. 419. This section of road is a bottleneck for local and commuter traffic. An additional lane in both directions would reduce the traffic congestion in the area. Traffic counts: 20,000 to 25,000 vehicles per day. Recommended Improvements: A six -lane divided highway with appropriate turning lanes. Cost: $10,000,000 3. That the Board of Supervisors request that the Commonwealth of Virginia create an expanded pool of funds to meet increasing transportation needs throughout the state. On motion of Supervisor Harrison to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None A COPY TESTE: 3 Brenda J. Holton, Deputy Clerk Roanoke County Board of Supervisors cc: File Arnold Covey, Director, Engineering & Inspections Fred Altizer, District Engineer, VDOT The Honorable Shirley J. Wbara, Secretary of Transportation and Chairman, Commonwealth Transportation Board Lorinda G. Lionberger, Salem District, Commonwealth Transportation Board Dave Gehr, Commissioner, Department of Transportation AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MARCH 24, 1998 ORDINANCE 032498-7 TO VACATE AND RELEASE PROPERTY INTERESTS CONVEYED TO THE BOARD OF SUPERVISORS IN CONNECTION WITH ROADS, STREETS, ALLEYS, RIGHTS-OF-WAY, AND PUBLIC ACCESS IN AND AROUND PINKARD COURT SUBDIVISION WHEREAS, by instruments dated March 19, 1983, and March 1, 1985, and recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Deed Book 1221, page 1410, and Deed Book 1221, page 1413, respectively, the owners of properties bordering on each side of Washington Road along the southwestern boundary of Pinkard Court Subdivision executed their consent to give unto Roanoke County, without compensation, each as to the lands by him owned, an easement and right-of-way for said road/street to be 40 feet in width, including an additional 10' strip along the southwest side of Washington Road, together with such additional widths as may be necessary for slopes, ditches and drainage facilities, in order for said road to be established as a part of the state secondary road system; and, WHEREAS, by instruments dated March 19, .1983, and March 1, 1985, and recorded in the aforesaid Clerk's Office in Deed Book 1221, page 1407, and Deed Book 1221, page 1404, respectively, the owners of properties bordering on each side of the portion of Valley Avenue beginning about .02 miles southwest of Booker Road and extending in a southwesterly direction about .05 mile to Washington Road in Pinkard Court Subdivision, executed their consent to give unto Roanoke County, without compensation, each as to the lands by him owned, an easement and right-of-way for said road/street to be 40 feet in width, including an additional 7.5 feet on each side of the designated portion of Valley Avenue, together with such additional widths as may be necessary for slopes, ditches and drainage facilities, in order for said road to be established as a part of the state secondary road system; and, WHEREAS, by instrument dated January 19, 1985, and recorded in the aforesaid Clerk's Office in Deed Book 1221, page 1416, the owners of properties bordering on each side of the portion of Pinkard Street (also known as Pinkard Avenue), extending from Booker Road (Route 878) in a southwesterly direction about .05 mile to a new turn -around, in Pinkard Court Subdivision, executed their consent to give unto Roanoke County, without compensation, each as to the lands by him owned, an easement and right-of-way for said road/street to be 40 feet in width, including an are of land on each side of Pinkard Street for the cul-de-sac, together with such additional widths as may be necessary for slopes, ditches and drainage facilities, in order for said road to be established as a part of the state secondary road system; and, WHEREAS, by deed dated September 2, 1996, and recorded in the aforesaid Clerk's Office in Deed Book 1531, page 1154, Dennis E. Phelps, et als, conveyed fee simple title to a 0.037 acre of land, being the northwesterly portion of Lot 4, Block 4, Pinkard Court Subdivision, to the Board of Supervisors for right-of-way and easement in connection with the improvement and acceptance of Pinkard Street into the state secondary road system; and, WHEREAS, by deed of easement dated January 15, 1974, and recorded in the aforesaid Clerk's Office in Deed Book 988, page 811, Thomas M. Davis, Jr., and Carolyn 2 C. Davis granted and conveyed for the use of the general public a perpetual easement for foot and vehicle traffic over, across and upon a new 16' alley through Lots 27, 22, and 21, in Block 1, of Pinkard Court Subdivision, together with an easement for such drainage ditches as are necessary to drain any road established across said alley, said easements being to replace the alleys vacated by the Roanoke County Board of Supervisors by Ordinance adopted on December 11, 1973, all as shown on a plat attached to said deed of easement; and, WHEREAS, by deed dated November 21, 1949, and recorded in the aforesaid Clerk's Office in Deed Book 429, page 31, W. M. Jernigan, Jr., and Vala Jernigan, husband and wife, conveyed unto the State of Virginia a twelve -foot (12') strip of land along the southerly side of Lot 12, Section 1, Pinkard Court, and by deed dated December 8, 1949, and recorded in the aforesaid Clerk's Office in Deed Book 429, page 33, Joseph W. Nackley conveyed unto the Commonwealth of Virginia a twelve -foot (12') strip of land along the southerly side of Lot 13, Section 1, Pinkard Court, said conveyances being adjacent to, and parallel with Summit Avenue and for purposes of widening Summit Avenue on the northerly side thereof; and, WHEREAS, due to the proposed acquisition and development of the lots in Pinkard Court Subdivision and surrounding properties, and in view of the vacation of the public rights-of-way shown on the plat of Pinkard Court Subdivision in Plat Book 1, Page 363, by Ordinance #021098-9 adopted by the Board of Supervisors on February 10, 1998, and the abandonment of those sections of said rights-of-way in the state secondary road system by Resolution #021098-8, the Board deems the above-described real estate interests no 97 longer necessary for the County or for the public, and the County has no current or future use for these interests. THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That pursuant to the provisions of Section 18.04 of the Roanoke County Charter, the acquisition and disposition of real estate can be authorized only by ordinance. A first reading of this ordinance was held on March 10, 1998; and a second reading was held on March 24, 1998; and, 2. That pursuant to the provisions of Section 16.01 of the Charter of Roanoke County, the real estate interests hereinabove described are hereby declared to be surplus, and the nature of said interests render them unacceptable and unavailable for other public uses; and, 3. That, subject to the conditions contained in Paragraph 7, all right, title and interest acquired by the Board of Supervisors of Roanoke County, Virginia, by instruments dated March 19, 1983, and March 1, 1985, and recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Deed Book 1221, page 1410, and Deed Book 1221, page 1413, respectively, for Washington Road, by instruments dated March 19, 1983, and March 1, 1985, and recorded in the aforesaid Clerk's Office in Deed Book 1221, page 1407, and Deed Book 1221, page 1404, respectively, for Valley Avenue, and by instrument dated January 19, 1985, and recorded in Deed Book 1221, page 1416, for Pinkard Street (also known as Pinkard Avenue), be, and hereby is, vacated and released; and, 4 4. That, subject to the conditions contained in Paragraph 7, the northwesterly portion of Lot 4, Block 4, Pinkard Court, consisting of 0.037 acre, be, and hereby is, vacated and released as a right-of-way and easement for acceptance of Pinkard Street into the secondary road system, and the County Administrator or any Assistant County Administrator is hereby authorized to re -convey said parcel to the owner of Lot 4, Block 4, Pinkard Court, as of the time such conveyance is made, said parcel to be added and combined with Lot 4, by deed or by plat, in compliance with the Roanoke County Subdivision Ordinances, and other applicable laws and regulations; and, 5. That, subject to the conditions contained in Paragraph 7, the new 16' alley through Lots 27, 22 and 21, in Block 1, Pinkard Court, conveyed as a perpetual easement for use of the general public by deed of easement dated January 15, 1974, and recorded in the aforesaid Clerk's Office in Deed Book 988, page 811, be and hereby is, vacated and released; and, 6. That, subject to the conditions contained in Paragraph 7, all right, title and interest of the County or the Board of Supervisors of Roanoke County, Virginia, which may have been acquired by virtue of the deeds dated November 21, 1949, and December 8, 1949, and recorded in the aforesaid Clerk's Office in Deed Book 429, page 31, and Deed Book 429, page 33, respectively, for the widening of Summit Avenue be, and hereby is, vacated and released; and, 7. That this ordinance shall be subject to the following conditions: a. That fee simple title to all of the lots in Pinkard Court Subdivision as shown on Plat Book 1, Page 363 (except Lots 1, 2, and 3 in Block 1 5 which are not affected by this action), to a parcel of land currently owned by Rowena P. Jernigan (Deed Book 1288, Page 803) designated on the Roanoke County Land Records as Tax Map No. 87.08-3-1, and to a parcel of land consisting of 21.686 acres, more or less, and being a portion of a tract of land currently owned by Craighead Real Estate (Deed Book 1388, Page 1311; Will Book 44, Page 1447) designated on the Roanoke County Land Records as Tax Map No. 77.20-1-42 and a portion of Tax Map No. 77.20-1-43, shall be acquired by Interstate Development, L.L.C., or its assignee (Lowe's Companies, Inc.), in one common ownership and all of said lots or parcels shall be added and combined into one tract or parcel of land, with other parcels added if necessary or desired, within four months from the date of the adoption of this ordinance. b. That a new public right-of-way from Franklin Road (Route 220) and extending to Washington Avenue be dedicated and the appropriate guarantee be provided to the County of Roanoke for the construction of the new road to the standards required by the Virginia Department of Transportation (VDOT) and for VDOT acceptance of the new road into the state secondary road system. C. That all costs and expenses associated herewith, including but not limited to publication, survey and recordation costs, shall be the responsibility of Interstate Development, L.L.C., or its assignee (Lowe's Companies, Inc.); and, 8. That the County Administrator or any Assistant County Administrator is hereby authorized to execute such other documents and take such further actions on behalf of Roanoke County as are necessary to accomplish the vacation, release and relinquishment of said property interests, all of which shall be on form approved by the County Attorney. 9. That this ordinance shall be effective on and from the date of its adoption. On motion of Supervisor Minnix to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None A COPY TESTE: &"'z, Q " )40 -�4, d - Brenda J. Holto , Deputy Clerk Roanoke County Board of Supervisors cc: File Vickie L. Huffman, Assistant County Attorney Arnold Covey, Director, Engineering & Inspections 7 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MARCH 24, 1998 ORDINANCE 032498-8 AUTHORIZING APPALACHIAN POWER COMPANY TO EXPAND THE USE OF AN EXISTING EASEMENT ACROSS A WELL LOT ON KENTLAND DRIVE OWNED BY THE BOARD OF SUPERVISORS WHEREAS, by Deed of Easement dated May 3, 1950, Appalachian Electric Power Co. was granted an easement a distance of 1271 feet, more or less, and 100 feet in width by W. S. Phelps and Eula A. Phelps, his wife, recorded in the Clerk's Office of the County of Roanoke in Deed Book 437, page 147; and, WHEREAS, the Board of Supervisors of Roanoke County is now the owner of a portion of the property formerly owned by W. S. Phelps and Eula A. Phelps and is designated as a well lot on Kentland Drive, Tax Map No. 76.12-8-25; and, WHEREAS, a portion of the easement granted to Appalachian Electric Power Co. (APCO) by W. S. Phelps and Eula A. Phelps crosses the County's well lot on Kentland Drive; and, WHEREAS, Appalachian Power Company (APCO) has requested authorization to expand the use of the existing easement across the well lot on Kentland Drive to allow a telecommunications antenna and related facilities of Ohio State Cellular Phone Company, Inc., to be located on an existing transmission line tower as shown on APCO Drawing No. R-3313, dated December 22, 1997. THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That pursuant to the provisions of Section 18.04 of the Roanoke County Charter, the acquisition and disposition of real estate can be authorized only by ordinance. A first reading of this ordinance was held on March 10, 1998; and a second reading was held on March 24, 1998. 2. That pursuant to the provisions of Section 16.01 of the Charter of Roanoke County, the interests in real estate to be conveyed are hereby declared to be surplus, and are hereby made available for other public uses by conveyance to Appalachian Power Company for the provision of electrical service in connection with installation of a telecommunications antenna and related facilities on an existing electric transmission line tower. 3. That the conveyance of the expanded use of the right-of-way for an underground service line(s) and related facilities to electric service for a telecommunications antenna, as shown on APCO Drawing No. R-3313, dated December 22, 1997, to Appalachian Power Company for the sum of Twelve Thousand Dollars ($12,000.00) is hereby authorized. 4. That the County Administrator or an Assistant County Administrator is hereby authorized to execute such documents and take such further actions as may be necessary to accomplish this conveyance, all of which shall be on form approved by the County Attorney. 5. That this ordinance shall be effective on and from the date of its adoption. On motion of Supervisor Minnix to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson IPA NAYS: None A COPY TESTE: 20i:t�& (a 14� Brenda J. Holt n, Deputy Clerk Roanoke County Board of Supervisors cc: File Paul M. Mahoney, County Attorney Gary Robertson, Director, Utility Arnold Covey, Director, Engineering & Inspections 3 ro EXISTING OVERHEAD UNE CORDELS DRIVE I PROPOSED UNDERGROUND SERVICE I IECELLULAR METI TRANSMISSION TOWER 15 I 191 I I 1 I COUNTY OF ROANOKE, VIRGINIA T. D. 665000 MAP 3780-300 A4 Q' 50, inn, Q ccO t O cr U x c z I c .s EXISTING POLE I ®j 300-= I I f I I I - I I I I I I I I I I FOXHALL CIR. APPALACHIAN POWER COMPANY PROPOSED RIGHT OF WAY ON PROPERTY OF BOARD- OF SUPERVISORS OF ROANOKE COUNTY DRAWN BY LMA DATE 12-22-97 APP. BY MJM I SCALE AS SHOWN SHEET 1 OF 1 DRAWING N0.:-- R-3313 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MARCH 24, 1998 RESOLUTION 032498-9 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM I - CONSENT AGENDA as follows: BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, 1. That the certain section of the agenda of the Board of Supervisors for March 24, 1998, designated as Item I- Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 through 4, inclusive, as follows: 1. Approval of minutes - February 10, 1998, February 12, 1998, February 24, 1998 and March 10, 1998. 2. Confirmation of committee appointment to Roanoke Valley Greenway Commission. 3. Resolution requesting approval by the Virginia Department of Transportation of two proposed welcome signs and a landscaped planting area in the Clearbrook community within a public right of right in Roanoke County. 4. Request to donate a surplus water tank to Franklin County Parks & Recreation. 2. That the Clerk to the Board is hereby authorized and directed where required by law to set forth upon any of said items the separate vote tabulation for any such item pursuant to this resolution. On motion of Supervisor Johnson to adopt the Consent Resolution with Item 9 added, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None A COPY TESTE: Brenda J. Ho on, Deputy Clerk Roanoke County Board of Supervisors cc: File Terrance L. Harrington, Director, Planning and Zoning Gary Robertson, Director, Utility 2 A -032498-9.a ACTION NUMBER 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: March 24, 1998 SUBJECT: Confirmation of appointment to the Roanoke Valley Greenway Commission COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The following nomination was made at the March 10, 1998 Board meeting and should now be confirmed. Roanoke Valley Greenway Commission Supervisor Harrison nominated Richard Kelly to serve another three year term which will expire April 8, 2001. STAFF RECOMMENDATION: It is recommended that the above appointment be confirmed by the Board of Supervisors. SUBMITTED BY: Brenda J. H Iton Deputy Clerk APPROVED BY: Elmer C. Hodge County Administrator 1 4 Approved (x) Denied ( ) Received ( ) Referred ( ) To ( ) ACTION We Motion by: Bob L. Johnson to approve Harrison Johnson McNamara _ Minnix _ Nickens cc: File Roanoke Valley Greenway Commission File 2 VOTE Yes Abs x x x _ x x AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MARCH 24, 1998 RESOLUTION 032498-9.1b REQUESTING APPROVAL BY THE VIRGINIA DEPARTMENT OF TRANSPORTATION OF TWO PROPOSED WELCOME SIGNS AND A LANDSCAPED PLANTING AREA IN THE CLEARBROOK COMMUNITY WITHIN A PUBLIC RIGHT-OF-WAY IN ROANOKE COUNTY WHEREAS, the Virginia Department of Transportation shall review specifications for the design, installation and maintenance of community welcome signs and landscape plantings in highway medians at particular locations in Roanoke County, and WHEREAS, Roanoke County has previously selected, received approval for, established and maintained numerous community welcome signs and gateway beautification sites on primary highways, and WHEREAS, the Clearbrook community has indicated its desire for, and the Board of Supervisors hereby expresses its willingness to fund the design and installation of this project - sum total not to exceed $3,500 - and that the Board of Supervisors will provide for the perpetual maintenance of this project in lieu of a permit fee or continuous bond. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County, Virginia requests that the Virginia Department of Transportation approve the submitted specifications and permit community welcome signs at the following locations; said permit to include approval of a landscaped planting area at location (2) specified herein: (1) U.S. 220 north of the Blue Ridge Parkway (2) U.S. 220 at VA 958 (Dunahoo Drive) On motion of Supervisor Johnson to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None A COPY TESTE: Brenda J. Hol n, Deputy Clerk Roanoke County Board of Supervisors cc: File Terrance L. Harrington, Director, Planning & Zoning Virginia Department of Transportation A -032498-9.c ACTION # ITEM NUMBER — AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: March 24, 1998 AGENDA ITEM: Request to Donate a Surplus Water Tank to Franklin County Parks & Recreation COUNTY ADMINISTRATOR'S COMMENTS: � EM E001 0% Z I BACKGROUND: In the fall of 1997, we were contacted by staff at Franklin County concerning the possible availability of a used water tank. They are in the process of developing a park with rest rooms and a concession stand and are in need of a small water tank (app. 5,000 gallons). At the time of the request we had no surplus tanks that would be suitable for their needs. SUMMARY OF INFORMATION: By connecting the Green Hill subdivision to the south transmission line this winter, we have eliminated a small water system that was served by two wells. This water system included a small water tank that needs to be removed. Our staff has obtained cost estimates for the removal and disposal of the tank as shown below: Hauling Tank $200.00 Crane Rental 250.00 Labor 408.00 Salvage Value (180,00) TOTAL COST JE8.00 The tank is approximately 25 years old and the 10,000 gallon capacity is not adequate for water systems requiring fire protection. Therefore, the tank is not suitable for reuse in Roanoke County's system. Franklin County was contacted and asked if they would be interested in the tank with the condition that they pay all costs associated with the removal. Their staff has inspected the tank and agreed to pay all costs associated with removing the tank. FISCAL EMPACT: The Utility Department has no need for this tank and will save approximately $678.00 if the tank is donated. STAFF RECOMMENDATION: The size, age and condition of the tank makes the tank of no value to the Utility Department. Staff would recommend donation of the tank to Franklin County. SUBMITTED BY: Ga��bertson, P.E. Utility Director APPROVED: Z K�C4� Elmer C. Hodge County Administrator --------------------------------------------------------------------------------------------------------------------- ACTION VOTE No Yes Abs Approved (x) Motion by: Bob L. Johnson to approve Harrison _ x Denied () Johnson _ x _ Received () McNamara _ x _ Referred () Minnix — x _ To () Nickens — x cc: File Gary Robertson, Director, Utility AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MARCH 24, 1998 RESOLUTION 032498-10 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 carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None A COPY TESTE: Brenda J. Ho on, Deputy Clerk Roanoke County Board of Supervisors cc: File Executive Session AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MARCH 24, 1998 RESOLUTION 032498-11 OF CONGRATULATIONS TO WILLIAM BYRD HIGH SCHOOL GIRLS BASKETBALL TEAM FOR WINNING GROUP AA STATE BASKETBALL CHAMPIONSHIP WHEREAS, team sports are an important part of the curriculum at schools in Roanoke County, teaching cooperation, sportsmanship and athletic skill; and WHEREAS, the William Byrd High School Girls Basketball Team won the Group AA state basketball championship this year, overcoming a 10 -point deficit to beat Turner Ashby by 57-54; and WHEREAS, Brandy Allen, who scored 30 points during the championship game, was named AA Player of the Year in Virginia, First Team All State, First Team All Region, First Team All District, and District and Region Player of the Year; and Andrea Gay was named to the First Team All District; and WHEREAS, the William Byrd High School Girls Basketball Team's record for the season was 29 wins and one loss; and WHEREAS, Coach Richard Thrasher was named AA Coach of the Year for the State of Virginia. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, does hereby extend its sincere congratulations to the members of the William Byrd High School Girls Basketball Team: Kara Norcross, Dawn Chewning, Erin Caldwell, Whitney Yates, Sarah Moore, Lara Nester, Stephanie Parnell, Andrea Gay, Brandy Allen, Brennan Sigel, Nicole Bailey, Courtney Ross, J. J. McKinney, and Jackie 1 Killen; Managers, Glenn Rife, Justin Mitchell and Kellen Williams; and Coaches, Richard Thrasher, Debbie Williams -Arthur, Robin Hungate, Garry Saunders, and Tammy Newcomb, for their athletic ability, their team spirit, and their commitment to each other; M BE IT FURTHER RESOLVED, that the Board of Supervisors extends its best wishes to the the team, the coaches, and the school in their future endeavors. On motion of Supervisor Nickens to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None A COPY TESTE: '61.0"A.0 )z�� .. Brenda J. Holt n, Deputy Clerk Roanoke County Board of Supervisors cc: File Dr. Deanna Gordon, School Superintendent Resolutions of Congratulations File 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MARCH 24, 1998 ORDINANCE 032498-12 AMENDING AND REENACTING THE COMPREHENSIVE PLAN OF ROANOKE COUNTY, VIRGINIA BY THE ADOPTION OF THE ROANOKE VALLEY REGIONAL STORMWATER MANAGEMENT PLAN AS PART OF THE COMPREHENSIVE PLAN WHEREAS, Roanoke County and other jurisdictions within the Roanoke Valley have experienced a recurrent history of flooding of properties; and, WHEREAS, this flooding has resulted in the loss of property and the disruption of the lives of many Roanoke County citizens; and, WHEREAS, Roanoke County and other Valley jurisdictions have cooperatively joined together to fund and prepare the Roanoke Valley Regional Stormwater Management Plan (The Plan); and, WHEREAS, the Plan was prepared under the coordination of the Fifth Planning District Commission, and involved the extensive involvement of citizen and technical advisory committees; and, WHEREAS, the Plan is future oriented and addresses flooding, stormwater, and drainage issues within sixteen priority watersheds within the Roanoke Valley; and, WHEREAS, the Plan specifically provides an enhancement to the 1993 FEMA Flood Insurance Study, incorporates recommended stormwater master plans for each of the sixteen priority watersheds, contains specific recommendations for multi jurisdictional projects and policies, and contains recommended implementation strategies that if implemented, will reduce existing flooding problems and minimize future damages for 1 many citizens within Roanoke County; and, WHEREAS, the Roanoke County Planning Commission reviewed the Plan on March 3, 1998 and after holding a public hearing, has recommended the incorporation of the Plan as part of the Roanoke County Comprehensive Plan; and WHEREAS, first reading of this ordinance was held on March 10, 1998 and second reading was held on March 24, 1998 BE IT ORDAINED, by the Board of Supervisors of Roanoke County, Virginia as follows: 1. That Roanoke County, Virginia accepts the analysis, design and flood reduction recommendations contained within the Plan and appends the Comprehensive Plan of Roanoke County to include these components of the Plan; and, 2. That the Plan shall be used a general guide for implementing the recommended improvements as future funding sources are identified and funding is allocated for specific projects; and, 3. That this ordinance shall be in effect from and after March 24, 1998 On motion of Supervisor Johnson to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None A COPY TESTE: Brenda J. Holton, Deputy Clerk Roanoke County Board of Supervisors 2 . cc: File Terrance L. Harrington, Director, Planning & Zoning George Simpson, Assistant Director, Planning & Zoning Mary F. Parker, Clerk, City of Roanoke Forest Jones, Clerk, City of Salem Carolyn Ross, Clerk, Town of Vinton Wayne Strickland, Executive Director, Fifth Planning District Commission AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MARCH 24, 1998 ORDINANCE 032498-13 AMENDING AND REENACTING SECTION 10-33. REAL ESTATE SERVICES. SECTION 10-34. PROFESSIONAL SERVICES. AND SECTION 10-36. PERSONAL AND BUSINESS SERVICE OCCUPATIONS., OF ARTICLE II. CLASSIFIED BUSINESS AND OCCUPATIONAL LICENSE PROVISIONS, OF CHAPTER 10, LICENSES, TO INCREASE THE GROSS RECEIPTS FROM $3,000.00 TO $5,000.00 FOR THE EXEMPTION FROM PAYMENT OF A LICENSE FEE WHEREAS, Section 10-33, 'Real estate services" of the Roanoke County Business, Professional, and Occupational License (BPOL) Ordinance provides for imposition of the business license tax in the amount of $0.58 per $100.00 of gross receipts from the business during the preceding calendar year, with such services being defined in subsection (b) and specifically designated in subsection (c) of Section 10-33; and, WHEREAS, Section 10-34, "Professional services" of the BPOL Ordinance provides for imposition of the business license tax in the amount of $0.58 per $100.00 of gross receipts from the occupation during the preceding calendar year, with such services being defined in subsection (b) of Section 10-34; and, WHEREAS, Section 10-36, "Personal and Business Service Occupations" of the BPOL Ordinance provides for imposition of the business license tax in the amount of $0.36 per $100.00 of gross receipts from the occupation during the preceding calendar year, with such services being defined in subsection (b) and specifically designated in subsection (c) of Section 10-36; and, WHEREAS, these classifications include retired, part-time, or juvenile individuals, and individuals who maintain a license merely to prevent such license from lapsing; and, WHEREAS, by Ordinance #91493-8, the Board of Supervisors approved an exemption from the business license tax for individuals generating less than $3,000.00 in gross receipts in each of the aforesaid classifications, based upon a determination that the time and expense incurred by the Commissioner of Revenue's Office in processing licenses for such individuals is not cost effective; and, WHEREAS, upon adoption of Ordinance #062596-9 to impose a license fee (rather than a license tax) on businesses with gross receipts less than $100,000.00, the Board maintained the exemption through provisos that every person whose gross receipts in the preceding calendar year are less than $3,000.00 in the above-specified classifications shall pay the $50.00 license fee upon commencement of the business and initial application for a license and shall be exempt thereafter from paying a license fee or tax, as long as such person continues to qualify for the exemption and otherwise complies with the BPOL Ordinance; and WHEREAS, the Board of Supervisors deems it appropriate, in order to improve cost effectiveness and fairness in the administration of the BPOL Ordinance, to increase the gross receipts' threshold from $3,000.00 to $5,000.00 for the exemption from the license fee in the classifications of real estate services, professional services, and personal and business service occupations. WHEREAS, a first reading of this ordinance was held on March 10, 1998; and the second reading and public hearing was held on March 24, 1998. NOW THEREFORE, BE IT ORDAINED by the Board of Supervisors of the County of Roanoke, Virginia, as follows: 2 t 1. That Section 10-33 Real Estate Services., Section 10-34. Professional Services. and Section 10-36 Personal and business service occupations. of Article 11. Classified Business and Occupational License Provisions, of Chapter 10, LICENSES, be amended and reenacted as follows: Sec. 10-33. Real estate services. (a) The annual license tax imposed hereunder for real estate services shall be in the amount of fifty-eight cents ($0.58) per one hundred dollars ($100.00) of gross receipts from the business during the preceding calendar year. Every person whose gross receipts ...................... .... r :.:..:00<00 za t hfeet...l......................................... in the precedingcalendar year shall be less than .................................................. thousand do"ars ($3,000.90) from any real estate service shall pay the license fee of fifty dollars ($50.00) imposed in § 10-3(a) of this chapter upon commencement of the business and initial application for a license and shall thereafter be exempt from the payment of a license fee or tax, provided that such person continues to qualify for this exemption and otherwise complies with the requirements of this chapter. Sec. 10-34. Professional services. (a) The annual license tax imposed hereunder for professional services shall be in the amount of fifty-eight cents ($0.58) per one hundred dollars ($100.00) of gross receipts from the occupation during the preceding calendar year. Every person whose gross receipts in the preceding calendar year shall be less than ............................... rt431from any professional service shall pay the license fee of fifty dollars ($50.00) imposed in § 10-3(a) of this chapter upon 3 i commencement of the business and initial application for a license and shall thereafter be exempt from the payment of a license fee or tax, provided that such person continues to qualify for this exemption and otherwise complies with the requirements of this chapter. Sec. 10-36. Personal and business service occupations. (a) The annual license tax imposed hereunder for personal or business services, and all other businesses and occupations not specifically listed or excepted in this chapter of the Roanoke County Code or the Code of Virginia, shall be in the amount of thirty-six cents ($0.36) per one hundred dollars ($100.00) of gross receipts from the occupation during the preceding calendar year. Every person whose gross receipts in the preceding calendar year shall be less than .......................................d.................................Q.............. �.;; ($3;980:66) from any personal or business service shall pay the license fee of fifty dollars ($50.00) imposed in § 10-3(a) of this chapter upon commencement of the business and initial application for a license and shall thereafter be exempt from the payment of a license fee or tax, provided that such person continues to qualify for this exemption and otherwise complies with the requirements of this chapter. 2. This ordinance shall be effective from and after July 1, 1998. On motion of Supervisor Minnix to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None 5 A COPY TESTE: Brenda J. HoItcffi, Deputy Clerk Roanoke County Board of Supervisors cc: File Paul M. Mahoney, 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, 11, 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 Magistrates Sherri Krantz/Betty Perry Main Library 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 0. 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 r AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MARCH 24, 1998 ORDINANCE 032498-14 DECLARING A PARCEL OF REAL ESTATE TO BE SURPLUS AND ACCEPTING AN OFFER FOR THE SALE OF SAME; NAMELY THE ARLINGTON HILLS #2 WELL LOT BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That pursuant to the provisions of Section 16.01 of the Charter of Roanoke County, the subject property, having been made available for other public uses before permitting disposition by sale, is hereby declared to be surplus. 2. That an advertisement for bids for the sale of this surplus real estate was advertised in the Roanoke Times & World News on March 17, 1998; that notice has been mailed to adjoining property owners; and that a sign announcing the proposed sale of this surplus real estate has been posted on the property. 3. That pursuant to the provisions of Section 18.04 of the Charter of Roanoke County, a first reading of this ordinance was held on March 10, 1998, and the second reading was held on March 24, 1998, concerning the disposition of the following parcel of real estate identified as follows: Arlington Hills #2 Well Lot Tax Map Parcel No. 86.12-3-16 4. That offers for said properties having been received, the offer of S. Douglas Freeman to purchase this property for the sum of Fifty Eight Thousand Five Hundred Dollars ($58.500.00) is hereby accepted. 5. That the purchase price for the property will be paid upon delivery of a deed therefor and all proceeds from the sale of this real estate are to be paid into the utility capital improvements fund. 6. That the County Administrator or an Assistant County Administrator is hereby authorized to execute such documents and take such actions on behalf of Roanoke County as are necessary to accomplish the sale of said property, all of which will be on form approved by the County Attorney. 7. That this ordinance will be effective on and from the date of its adoption. On motion of Supervisor McNamara to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None A COPY TESTE: &tk'6L Q. ��� Brenda J. Holton, Deputy Clerk Roanoke County Board of Supervisors cc: File Gary Robertson, Director, Utility John W. Birckhead, Director, Real Estate Assessment Diane D. Hyatt, Director, Finance Paul M. Mahoney, County Attorney 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, MARCH 24, 1998 ORDINANCE 032498-15 TO CHANGE THE ZONING CLASSIFICATION OF 17 ACRES OF REAL ESTATE LOCATED IN THE 6600 BLOCK OF MERRIMAN ROAD (PORTIONS OF TAX MAP NO. 97.01-2-10, 97.01-2-11, 97.01-2-12 AND 97.05-1-1) IN THE CAVE SPRING MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATIONS OF 1-1, C -2C AND C-2, TO THE ZONING CLASSIFICATION OF R-1, FOR PARKS AND RECREATIONAL AREAS, UPON THE APPLICATION OF THE ROANOKE COUNTY BOARD OF SUPERVISORS WHEREAS, the first reading of this ordinance was held on February 24, 1998, and the second reading and public hearing was held on March 24, 1998; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on March 3, 1998; 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 real estate containing 17 acres, as described herein, and located in the 6600 block of Merriman Road (Portions of Tax Map Numbers 97.01-2-10, 97.01-2-11, 97.01-2-12 AND 97.05-1-1) in the Cave Spring Magisterial District, is hereby changed from the zoning classifications of 1-1, C -2C and C-2, to the zoning classification of R-1, in order to develop a public park and recreational area. 2. That this action is taken upon the application of The Roanoke County Board of Supervisors. 3. That said real estate is more fully described as follows: Commencing at a point on the westerly right-of-way line of Merriman Road (Virginia Secondary Route #613) said point being referenced as corner 1 on the plat showing "Rezoning Exhibit of Tract 1 (16.784 AC.), Prepared for The Board of Supervisors of Roanoke County, Cave Spring Magisterial District, Roanoke County, Virginia" prepared by Lumsden Associates, P.C., dated February 26, 1998, and also being the POINT OF BEGINNING of the herein described tract; Thence with the westerly right-of-way line of Merriman Road (Virginia Secondary Route #613) along the arc of a curve to the right 160.44 feet, said curve having a radius of 547.96 feet, an included angle of 16°46'33", and a chord bearing S 8°32'10" E, 159.87 feet to a point, corner 2; Thence leaving the westerly right-of-way line of Merriman Road (Virginia Secondary Route #613) and with eleven (11) proposed new division lines the following courses and distances; along the arc of a curve to the left 66.02 feet, said curve having a radius of 35.00 feet, an included angle of 108°04'36", and a chord bearing N 5401112" W, 56.66 feet to a point, corner 3; Thence S 71046'30" W, 7.12 feet to a point, corner 4; Thence along the arc of a curve to the left 88.36 feet, said curve having a radius of 225.00 feet, an included angle of 22°30'00", and a chord bearing S 60°31'30" W, 87.79 feet to a point, corner 5; Thence S 49016'30" W, 139.19 feet to a point, corner 6; Thence along the arc of a curve to the right 166.90 feet, said curve having a radius of 425.00 feet, an included angle of 22°30'00", and a chord bearing S 60°31'30" W, 165.83 feet to a point, corner 7; Thence S 71 046'30" W, 589.47 feet to a point, corner 8; Thence S 29033'59" E, 302.78 feet to a point, corner 9; Thence S 14°38'21" E, 288.15 feet to a point, corner 10; Thence S 41 041'33" W, 48.04 feet to a point, corner 11; Thence S 1 ° 12'22" W, 109.54 feet to a point, corner 12; Thence S 20 13'43" E, 162.31 feet to a point, corner 13; Thence S 14001'56" W, 109.58 feet to a point on an existing property line, corner 14; Thence with existing property lines the following six (6) courses and distances; S 77003'00" W, 312.24 feet to a point, corner 15; Thence N 40007'00" W, 603.30 feet to a point, corner 16; Thence N 25027'00" W, 425.40 feet to a point, corner 17; Thence N 71046'30" E, 1,274.62 feet to a point, corner 18; Thence N 17038'36" W, 169.42 feet to a point, corner 19; Thence N 72021'24" E, 486.85 feet to a point, corner 1, the POINT OF BEGINNING and containing 16.784 acres, more or less. 2 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 Minnix to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None A COPY TESTE: A J-� Brenda J. Hol on, Deputy Clerk Roanoke County Board of Supervisors cc: File Terry Harrington, Director, Planning & Zoning Arnold Covey, Director, Engineering & Inspections John W. Birckhead, Director, Real Estate Assessment Paul M. Mahoney, County Attorney 3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MARCH 24, 1998 ORDINANCE 032498-16 GRANTING A SPECIAL USE PERMIT TO THE SCHOOL BOARD OF ROANOKE COUNTY TO ALLOW THE CONSTRUCTION OF A NEW ELEMENTARY SCHOOL, LOCATED AT 5437 CRUMPACKER DRIVE (TAX PARCEL 40.01-1-4.1), HOLLINS MAGISTERIAL DISTRICT WHEREAS, the School Board of Roanoke County, Virginia, has filed a petition to allow the construction of a new elementary school at 5437 Crumpacker Drive, in the Hollins Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this matter on March 3, 1998; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first reading on this matter on February 24, 1998; the second reading and public hearing on this matter was held on March 24, 1998; and WHEREAS, legal notice and advertisement has been provided as required by law. NOW, THEREFORE BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the Board finds that the granting of a special use permit to allow the construction of a new elementary school located at 5437 Crumpacker Drive in the Hollins Magisterial District is substantially in accord with the adopted 1985 Comprehensive Plan pursuant to the provisions of § 15.2-2232 of the 1950 Code of Virginia, as amended. 2. That the Board hereby grants a Special Use Permit to the School Board of Roanoke County, Virginia, to allow the construction of a new elementary school located at 5437 Crumpacker Drive in the Hollins Magisterial District. 3. 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. On motion of Supervisor Johnson to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None A COPY TESTE: Brenda J. Holto , Deputy Clerk Roanoke County Board of Supervisors cc: File Terry Harrington, Director, Planning & Zoning Arnold Covey, Director, Engineering & Inspections John W. Birckhead, Director, Real Estate Assessment Paul M. Mahoney, County Attorney 2 � DEPARTMENT OF PLANNING AND ZONING s= 0 ! • Wu SPECIAL USE PERMIT TAX .MAP # 40.01-1-4,1 4 103.82 dot01 50.48 do fCl AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, MARCH 24, 1998 ORDINANCE 032498-17 TO CHANGE THE ZONING CLASSIFICATION OF A 9.77 -ACRE TRACT OF REAL ESTATE LOCATED AT THE SOUTH SIDE OF WOOD HAVEN ROAD APPROXIMATELY .05 MILE EAST OF ITS INTERSECTION WITH GREEN RIDGE ROAD (TAX MAP NOS. 37.05-1-1 AND 37.05-1-2) IN THE CATAWBA MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF R-1, CONDITIONAL, TO THE ZONING CLASSIFICATION OF R-1, UPON THE APPLICATION OF GRAHAM - THOMAS CORPORATION WHEREAS, the first reading of this ordinance was held on February 24, 1998, and the second reading and public hearing was held on March 24, 1998; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on March 3, 1998; 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 9.77 acres, as described herein, and located at the south side of Wood Haven Road approximately 0.5 mile east of its intersection with Green Ridge Road (Tax Map Numbers 37.05-1-1 and 37.05-1-2) in the Catawba Magisterial District, is hereby changed from the zoning classification of R-1, Conditional, to the zoning classification of R-1, Low Density Residential District. 2. That this action is taken upon the application of Graham -Thomas Corporation. 3. That in 1988 rezoning of this property the owner of the property voluntarily proffered in writing the following conditions which the Board of Supervisors of Roanoke County, Virginia, accepted and the Petitioner/Owner is now requesting be removed: 4. That said real estate is more fully described as follows: BEGINNING at a point on the southerly right-of-way of Wood Haven Road (Virginia Secondary Route 628) being a common corner of the property of Minnie G. Lewis and Stafford Lewis, as recorded in the aforesaid Clerk's Office in Deed Book 589, page 196, the northwesterly corner of the point of Beginning in the herein -described tract; thence leaving the aforesaid southerly right-of-way of Wood Haven Road (Virginia Secondary Route 628) with the common line of the aforesaid Lewis property (DB 589, page 196) and the herein -described tract, S. 480 42' 49" E. passing the common corner of the aforesaid Lewis property (DB 589, page 196) and the property of Ebenezer Baptist Church as recorded in the aforesaid Clerk's Office in DB 1125, page 664 and passing the a common corner of the aforesaid Ebenezer Baptist Church Property (DB 1125, page 664) and the property of Roy E. Lewis and Christine E. Lewis, DB 1120, page 161, in all a total distance of 888.35' feet to an existing set stone; said point being a common corner of Roanoke County School Board as recorded in DB 597, page 112 and the northeasterly corner of the herein -described tract and on the southerly line of the aforesaid Roy E. Lewis 2 property (DB 1120, page 161); thence leaving the property of the aforesaid Roy E. Lewis (DB 1120, page 161) and with the common line of the aforesaid Roanoke County School Board (DB 597, page 112) and herein -described tract, S. 37059,18" W. a distance of 244.27 feet to an existing set stone, said point being the southeasterly corner of the herein -described tract; thence continuing with a common line for the aforesaid Roanoke County School Board (DB 597, page 112) and the herein -described tract, N. 730 01' 00" W. a distance of 890.55 feet to a point, said point being the common comer of the aforesaid Roanoke County School Board (DB 597, page 112) and the property of the Roanoke County Board of Supervisors as recorded in the aforesaid Clerk's Office in DB 1120, page 228 and the southwesterly corner of the herein -described tract, being on the northeasterly line of the property of Duane Williams and Alice D. Williams, as recorded in the aforesaid Clerk's Office in DB 947, page 572; thence leaving the aforesaid Roanoke County School Board (DB 597, page 112) and with a common line of the aforesaid Williams property (DB 947, page 572) and herein -described tract, N. 020 54' 07" W. a distance of 253.23 feet to a point, said point being a common corner of the aforesaid Williams property (DB 947, page 572) and the westerly corner of the herein -described tract and being situated on the southerly right-of-way of the aforesaid Wood Haven Road (Virginia Secondary Route 628); thence leaving the Williams property (DB 947, page 572) and with the southerly right-of-way of the aforesaid Wood Haven Road (Virginia Secondary Route 628) and herein -described tract, N. 52135' 33" E. 437.29 feet to the point of Beginning, and containing 9.603 acres, more or less, and being further described as Tax Map Nos. 37.05-1-1 and 37.05-1-2. 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 Harrison to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None A COPY TESTE: 61.4t -k Q h-41iool, Brenda J. Holt n,Deputy Clerk Roanoke County Board of Supervisors cc: File Terry Harrington, Director, Planning & Zoning Arnold Covey, Director, Engineering & Inspections John W. Birckhead, Director, Real Estate Assessment Paul M. Mahoney, County Attorney M w+�rwt�G/1LLE�E1C � xitiG570.v` ro gAvf3 s 'd -A-1 n MER00' \�j�y\7}la CX/T,; C'% / �xconawt jw;t t / KS. p�L Y`TM+M.., ;z yQt FL 7 �f UIP-10TV ono w A-- ■ ■ rola■ JAW unozu AIr ROANOKE COUNTY GRAHAM THOMAS SUBDIVISION r DEPARTMENT OF DEVELOPMENT R1 C TO R1 t }, J AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MARCH 24, 1998 ORDINANCE 032498-18 GRANTING A SPECIAL USE PERMIT TO OHIO STATE CELLULAR PHONE CO., INC. TO CONSTRUCT A COMMUNICATIONS TOWER ON A 3.171 ACRE PARCEL AT 5585 CATAWBA HOSPITAL DRIVE (TAX MAP NO. 7.00-1-29), CATAWBA MAGISTERIAL DISTRICT WHEREAS, Ohio State Cellular Phone Co., Inc. has filed a petition to construct a communications tower located at 5585 Catawba Hospital Drive (Tax Map No. 7.00-1-29) in the Catawba Magisterial District; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, approved a Special Use Permit on November 18, 1997, contingent upon the acquisition of an additional three acres from the Commonwealth of Virginia by December 16, 1997; and WHEREAS, the additional three acres was not acquired by December 16, 1997, and the Special Use Permit became null and void; and WHEREAS, by deed dated February 11, 1998, the Commonwealth of Virginia granted the three acre parcel to the County of Roanoke, Virginia; and WHEREAS, Ohio State Cellular Phone Co., Inc. has resubmitted the Special Use Permit petition with the same conditions approved by the Board of Supervisors on November 18,1997; and WHEREAS, the Planning Commission held a public hearing on this matter on March 3, 1998, and requested that condition number (2) pertaining to visibility of the tower be revised to delete the word "painted"; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first reading on this matter on February 24, 1998; the second reading and public hearing on this matter was held on March 24, 1998; and WHEREAS, legal notice and advertisement has been provided as required by law. NOW, THEREFORE BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the Board finds that the granting of a special use permit to Ohio State Cellular Phone Co., Inc. to construct a communications tower located at 5585 Catawba Hospital Drive (Tax Map No. 7.00-1-29) in the Catawba Magisterial District is substantially in accord with the adopted 1985 Comprehensive Plan pursuant to the provisions of § 15.2-2232 of the 1950 Code of Virginia, as amended, and said Special Use Permit is hereby approved with the following conditions: (1) The height of the tower structure, excluding any antenna attached to the structure, shall be not more than 190 feet. (2) The tower structure and all attached support hardware shall be painted a flat matted color so as to better blend into the landscape and reduce visibility and light reflection. (3) No lighting shall be installed on the tower structure or equipment building except for security lighting not to exceed a height of 25 feet in height, except as may be required by the FAA or other governmental or regulatory agency. (4) This tower shall be structurally designed to carry sufficient loading and the site developed to accommodate the additional buildings necessary to accommodate co -locating of communications equipment of at least one other vendor/provider in order to minimize the proliferation of towers in the vicinity of this site. In addition, by executing the special use 2 2 permit requested, the applicant agrees to make the tower available for lease within the structural capacity of the tower and at reasonable costs adequate to recover the capital, operating and maintenance costs of the tower location required for the additional capacity. (5) If the use of the tower structure for wireless communications is discontinued, the tower structure shall be dismantled and removed from the site within 30 days of notice by the County and the special use permit shall become void. (6) Any damage to the existing paving for the parking lot, apron, or access to the fire station resulting from the construction or operation of the tower, shall be repaired at the expense of the petitioner. (7) Public emergency communications equipment shall be accommodated at no expense to the County. (8) The location of the tower structure and related equipment shall be as shown on a plat entitled "Catawba Cellular Phone Tower Site Plan, Roanoke County, Virginia" prepared by LMW, P.C., Engineering, Architecture, Surveying, dated 11/18/97. 2. That this ordinance shall be in full force and effect upon after the receipt and acceptance by the Board of Supervisors of Roanoke County of a deed from the Commonwealth of Virginia for an additional three (3) acres of real estate, which shall be added and combined to Tax Map No. 7.00-1-29. 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, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None A COPY TESTE: &ZA-e& Q. Brenda J. Holton,6beputy Clerk Roanoke County Board of Supervisors cc: File Terry Harrington, Director, Planning & Zoning Arnold Covey, Director, Engineering & Inspections John W. Birckhead, Director, Real Estate Assessment Paul M. Mahoney, County Attorney IH Ec • • . SURVEYED PROPERTY UNE — DEED: LINE 0 SET REBAR O EXISTING IRON FOUND NOTES: 1 • THIS SURVEY WAS PERFORMED WITHOUT THE BENEFIT OF A TITLE SEARCH AND THEREFORE MAY NOT SHOW ALL ENCUMBRANCES. Z. THIS PROPERTY TTED DOES NOT FALL WITHINEAIOOLYEAR FLOOD ZONE. 3. THIS PLAT WAS PREPARED FROM AN ACTUAL ANDI CURRENT FIELD SURVEY. 4. FEMA, FLOOD' ZONE: 'X' 5. LEGAL R�ENCE=. ,D�213 PG 231 !�'�,1� N0: 7.00-1-5 GRAPHIC SCALE eo (rNFm) ' HEREB3CERTiFY THIS PLAT OF SURVEY TO TO THE 18EST OFA MY KNOWLEDGE AND BELIEF IPS YICIIVTTY MAP NO SCALE NOW OR FORMERLY PROPERTY OF CATAWBA STATE SANITORIUM \ D.B. 45 PAGE 350 IPF V is :¢NOW OR FORMERLY PROPERTY OF CA MA STATE SANITORIUM Proposed : j:jMB 213 PAGE 231 I0We1 TAX;:MAP,NO. 7.00-1-5 �4i h'LCb \F 1; o� Location ,� o ;i Ii I h°j C PROPERTY OF IPF ROANOKE COUNTY i BOARD OF SUPERVISORS / CATAWBA FIRE STATION 6 sr TAX MAP NO. 7.00-01-29 �^ '4 jal� •. V p�+� Q�� ` IPF .89 acres oA 3.171 ACRES IPF 1! IPS ^A O 1p NOW OR FORMERLY �y IFS 9� \ PROPERTY OF CATAWBA STATE SANITORIUM J ��` 0.8. 213 PAGE 231 PLAT OF SURVEY o ,y� TAX MAP N0. 7.00-1-5 SHOWING 3.171 ACRES fpsti��. �`� / FOR � / ROANOKE COUNTY � E P , c . / y ��'� BOARD OF SUPERVISORS LOCATED IN ENGINEERING • ARCHITECTURE • suRvE=G CATAWBA MAGISTERIAL DISTRICT 1192 (540) `345-0675 1401 2nd STREET, S.W. ROANOKE. COUNTY, VIRGINIA FtLX (540) 342-4456 ROANOKE, VIRGINIA 24016 REVISED: 1-22-98 SURVEYED: 12-10-97 COMM! 14372