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HomeMy WebLinkAbout7/28/1998 - Adopted Board RecordsAT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JULY 28, 1998 RESOLUTION 072898-1 OF APPRECIATION TO CAREER AND VOLUNTEER FIREFIGHTERS OF THE ROANOKE COUNTY FIRE & RESCUE DEPARTMENT FOR PROVIDING ASSISTANCE TO THE CITIZENS OF BAY COUNTY, FLORIDA WHEREAS, forest and brush fires caused millions of dollars of damage to property in the state of Florida during the months of June and July, 1998; and WHEREAS, due to the extended period during which these fires raged, local fire crews became exhausted and in need of assistance from personnel from other states; and WHEREAS, the Roanoke County Fire & Rescue Department answered this call for assistance, and sent a crew of four career and three volunteer firefighters to Bay County, Florida, along with equipment and apparatus; and WHEREAS, this crew, consisting of Captain Daryell Sexton, Lennie Atwood, Tim Solomon, Craig Robertson, Scott Morgan, Dean Peroulas and Alex Murillo, all of whom are certified by the U.S. Forestry Service, contained fully a complex fire, and helped prevent any damage to people or property in Bay County; and WHEREAS, the Roanoke County firefighters faced several dangers in fighting the fire, including dehydration, heat stroke, and the flames themselves. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, does hereby extend its sincere appreciation to DARYELL SEXTON, LENNIE ATWOOD, TIM SOLOMON, CRAIG ROBERTSON, SCOTT MORGAN, DEAN PEROULAS AND ALEX MURILLO for their professional, compassionate and exemplary 1 response and assistance to the citizens of Bay County, Florida; and BE IT FURTHER RESOLVED, that the Board of Supervisors does hereby commend the members of the team for the time, energy and knowledge which they used in successfully containing the fire. On motion of Supervisor Minnix to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None A COPY TESTE: )1!51" 0, Brenda J. Holt(K- CMC Deputy Clerk to the Board of Supervisors cc: File Resolutions of Appreciation File Richard Burch, Chief, Fire & Rescue Joseph Sgroi, Director, Human Resources 2 A-072898-2 ACTION NO ITEM NO -4— AT AT A REGULAR MEETING OFTBE ABNOARD OOKE OFSUPERVISORS 1VITORA �O �� TER COUNTY, VIRGINIA, HELD AT THE IN ROANOKE, VIRGINIA, ON TUESDAY, MEETING DATE: July 28, 1998 ent AGENDA ITEM: Request approval the for u chaseappropriation acres for the Roanoke County Cent rr for with interest forp Research & Technology (formerly the Glenn -Mary Farm.) COUNTY ADMINISTRATOR'S COMMENTS: EXECUTIVE SUMMARY: In order for the "product" inventory to meet the future economic needs of Roanoke County, the Center for Research & Technology will be developed as a site for corporate and technology based companies to locate. The property is adjacent to Interstate 81, has close proximity to Virginia Tech, and is 12 miles from the Smart Road in Montgomery County. In line with the economic development strategy, this center will be targeted as a location for 15 - 20 small to medium businesses that create new jobs with wages/salaries exceeding $10.00 per hour. The Department of Economic Development will recruit companies that are seeking to expand or locate on the same timeline as park development. In the past few months, a boundary survey and a Phase 11 Environmental Study was completed to satisfaction. Currently, the department is exploring the use of a Marketing Feasibility Study in addition to developing a Request for Proposal with the Procurement Department to identify a firm to develop the Plans & Profiles for the site as part of the preliminary engineering reports. SUMMARY OF INFORMATION: On October 19, 1997, the Board of Supervisors adopted an ordinance authorizing the exercise of an Option to Purchase to authorize the acquisition of the Glenn -Mary Farm. On the same date, the board appropriated the sum of $1 million from the General Fund Unappropriated Balance and authorized the necessary documents for financing the remainder of the $3 million purchase price. Staff requests that the Board of Supervisors authorize an expenditure of $1 million plus $115,300 in interest from the General Fund Unappropriated Balance as the second of three payments. E 2E:� -/ FISCAL IMPACT: Roanoke County has paid $1 million for the Center for Research & Technology in the past twelve months. An additional $1 million is required as the second payment with $115,300 in interest (the $115,300 is 5.765% interest calculated on the remaining $2 million.) Funds for this purpose are available and have been set aside for planning purposes in the General Fund Unappropriated Balance. ALTERNATIVES: 1. Authorize the appropriation of $1,115,300 from the General Fund Unappropriated Balance to make the second payment with interest for the purchase of 457 acres for the Roanoke County Center for Research & Technology. Payment should be made on or before November 10, 1998. 2. Decline to appropriate funds for the Roanoke County Center for Research & Technology at this time. STAFF RECOMMENDATION: Staff recommends alternative No. 1 in order to continue the acquisition of the site for the Roanoke County Center for Research & Technology for economic development purposes. Economic Development Specialist Approved: Elmer C. Hod e County Administrator ---------------------------------------- ACTION VOTE No Yes Abs Motion b Fenton F. Harrison to Harrison — x — Approved (x) Y� — Denied () a rove staff recommendation Johnson — x Received () McNamara — x Minnix x — Referred () To Nickens — x — ( ) cc: File Melinda J. Cox, Economic Development Specialist Diane D. Hyatt, Director, Finance AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JULY 28, 1998 RESOLUTION 072898-3 APPROVING REQUEST OF $7,500,000 OF INDUSTRIAL REVENUE BONDS FOR FRIENDSHIP MANOR APARTMENT VILLAGE CORPORATION FOR THE ACQUISITION, CONSTRUCTION AND EQUIPPING OF FACILITIES FOR THE RESIDENCE AND CARE OF THE AGED WHEREAS, the Industrial Development Authority of Roanoke County, Virginia (the "Authority") has considered the application of Friendship Manor Apartment Village Corporation (the "Borrower") an organization that is exempt from taxation pursuant to Section 501 (c)(3) of the Internal Revenue Code of 1986, as amended, whose address is 327 Hershberger Road, NW, Roanoke, Virginia 24012, requesting that the Authority issue up to $7,500,000 of its revenue bonds at one time or from time to time to assist the Borrower in the financing or refinancing of one or more of the following projects, located as indicated below in Roanoke County, Virginia: (1) the acquisition, construction and equipping of a facility for the residence and care of the aged, consisting of 48 independent living units and related healthcare facilities located on the campus at 327 Hershberger Road, NW and related capital expenditures to be determined from time to time; (2) the acquisition, construction and equipping of a facility for the residence and care of the aged, consisting of 191 assisted living units and 41 independent living units and related healthcare facilities located on the campus at 6910 Williamson Road and related capital expenditures to be determined from time to time, and (3) the funding of certain reserve funds, capitalized interest accounts and costs of issuance as may be necessary to the proposed issuance of the bonds. WHEREAS, the Authority has held a public hearing on the Borrower's application on July 15, 1998. WHEREAS, Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code"), provides that the governmental unit having jurisdiction over the issuer of private activity bonds and over the area in which any facility financed with the proceeds of private activity bonds is located must approve the issuance of the bonds. WHEREAS, the Authority issues its bonds on behalf of Roanoke County, Virginia ("County"), the facilities to be financed are located in the County and the Board of Supervisors of the County (the "Board") constitutes the highest elected governmental unit of the County. WHEREAS, the Authority has recommended that the Board approve the issuance of the Bonds. 1 WHEREAS, a copy of the Authority's resolution approving the issuance of the Bonds, a certificate of the public hearing and a Fiscal Impact Statement have been filed with the Board. BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA: 1. The Board approves the issuance of the Bonds by the Authority for the benefit of the Borrower, as required by Section 147(f) of the Code and Section 15.2-4907 of the Code of Virginia of 1950, as amended, to permit the Authority to assist the Borrower in the financing of the Project. 2. The approval of the issuance of the Bonds, as required by said Section 147(f), does not constitute an endorsement to a prospective purchaser of the Bonds of the creditworthiness of the Project or the Borrower. 3. Pursuant to the limitations contained in Temporary Income Tax Regulations Section 5f.103 -2(f), this resolution shall remain in effect for a period of three years from the date of its adoption. 4. This Resolution shall take effect immediately upon its adoption. 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 -e& 0, &A� Brenda J. Ho on, CMC Deputy Clerk to the Board of Supervisors cc: File Timothy W. Gubala, Secretary -Treasurer, IDA I hereby certify that the foregoing is a true and correct copy of Resolution 072898-3 adopted by the Roanoke County Board of Supervisors by a unanimous recorded vote on Tuesday, July 28, 1998 Brenda J. Holton, CMC, Deputy Clerk Roanoke County Board of Supervisors 2 A-072898-4 ACTION # ITEM NUMBER 1 -'--- AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: July 28, 1998 AGENDA ITEM: Request for Appropriation of Capital Improvement Project -- Algoma Park Water Line Replacement COUNTY ADMINISTRATOR'S COMMENTS: BACKGROUND: The Roanoke County Utility Department submitted to the Board of Supervisors a five-year Capital Improvement Program in 1996. This program addressed aged and undersized water lines that were in need of replacing. Each year as part of the Utility budget a minimum of $350,000 is allocated towards funding these projects. SUMMARY OF INFORMATION: Staff is in the process of preparing the Capital Improvement Projects for the five years following the year 2000. The Algoma Park Water Line Project is tentatively listed in the five-year plan following the year 2000. (See attached map). Our Staff recently received a list of streets in Roanoke County that were being paved this year. The Algoma Park subdivision streets were on this list. Staff has requested that the repaving of these streets be delayed one year to allow the water lines to be replaced. VDOT has agreed to delay resurfacing these streets until the summer of 1999. Staff is making this request for the following reasons: (1) The Utility Department averages three water breaks a year in this subdivision. The residents will be upset that a newly paved street is covered with patches. (2) The Utility Department is concerned that newly paved streets will be torn up in two years to install the water lines at that time. The estimated cost of this project is $95,000. FISCAL IMPACT: Funds are available in the Utility Department's Water Unappropriated Fund for this project. STAFF RECOMMENDATION: Although this project is not included in the present five-year plan, Staff feels that it will be more economical and less disruptive to replace the water lines prior to repaving the streets. Staff recommends that the project be approved and $95,000 be allocated for this project from the Utility Department Water Unappropriated Fund. SUBMITTED BY: Gary Robeson, P.E. Utility Dir ctor APPROVED: 4es.-I X_�� Elmer C. Hodge County Administrator ACTION VOTE No Yes Abs Approved ()o Motion by: H. Odell Minnix to approve Johnson _ Denied () staff recommendation Harrison _ x Received () McNamara_ x Referred () Minnix _ x _ To () Nickens _ x _ cc: File Gary Robertson, Director, Utility Diane D. Hyatt, Director, Finance 10 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JULY 28, 1998 ORDINANCE 072898-5 AUTHORIZING THE CREATION OF AND FINANCING FOR A LOCAL PUBLIC WORKS IMPROVEMENT PROJECT, ORANDER DRIVE AND GIESER ROAD SANITARY SEWER EXTENSION WHEREAS, Ordinance 112288-7 authorizes the financing of local public works improvements and the imposition of special assessments upon abutting property owners upon the adoption of an appropriate ordinance by the Board of Supervisors; and WHEREAS, the County Administration has negotiated the extension of the public sewer system to the Orander Drive-Gieser Road community; and WHEREAS, the extension of the public sewer system and the creation of a special utility (sewer) service area will alleviate a critical public health and safety problem; and WHEREAS, several of the residents have requested that the County allow them to pay their portion of the costs of connection to the public sanitary sewer system over ten years in accordance with the provisions of Ordinance 112288-7; and WHEREAS, the first reading of this Ordinance was held on July 14, 1998, and the second reading was held July 28, 1998. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That pursuant to the authority of Ordinance 112288-7, the Board authorizes and approves a local public works improvement project, namely, public sanitary sewer extension for a portion of the Orander Drive and Gieser Road community. The total 1 construction cost of this public sewer project is estimated to be $50,000.00, to be initially financed as follows: Citizen Participation (8 x $2,571) $20,568 Advance from Public Works Participation Fund $20,568 Utility Department Unappropriated Sewer Fund $ 8,864 That there is hereby appropriated for this project the sum of $20,568 from the Public Works Participation Fund (which was established by the Board of Supervisors on July 23, 1996). That there is hereby appropriated for this project the sum of $8,864 from the Utility Department Unappropriated Sewer Fund. Any citizen participation under paragraph 3. will be advanced as a loan from the Sewer Fund. 2. That the Project Service Area is shown and designated on the attached plat entitled Orander Drive-Gieser Road Sanitary Sewer Project prepared by the Roanoke County Utility Department, dated July 28, 1998, and identified as Exhibit 1. The Orander Drive-Gieser Road Sanitary Sewer Service Area is created for a period of ten years. (A) On or before September 30, 1998, any owner of real estate within this service area electing to participate in and benefit from the public sanitary sewer extension to this service area may do so by paying the sum of $2,571 per connection toward construction costs plus $750, which represents 50% of the current the off-site facility fee of $1,500, said costs to be paid in full and in advance of connection to the public sanitary sewer extension. (B) After September 30, 1998, any owner of real estate within this service area electing to participate in and benefit from the public sanitary sewer extension to this service area may do so by paying the sum of $3,214 per connection toward construction 2 costs plus the off-site facility fee in effect at the time of connection (currently $1,500), said costs to be paid in full and in advance of connection to the public sanitary sewer extension. 3. That the Board authorizes and approves the payment by the property owners in the project service area who elect to participate on or before September 30, 1998, of their portion of the cost of extending the public sanitary sewer system to their properties in accordance with the following terms and conditions: (a) Payment of $3,321 per property owner/residential connection ($2,571 for constructions costs plus $750 which is 50% of the current off-site facilities fees) to be financed for a maximum of 10 years at an interest rate of 8% percent per annum. Property owners agree to pay $1,321 down and financing the remaining $2,000. The down payment will be applied first to the off-site facility fee and then to the construction costs. (b) Property owners agree to execute a promissory note or such other instrument as the County may require to secure this installment debt. (c) Property owners further agree to execute such lien document or instrument as may be required by the County; said lien document or instrument to be recorded in the Office of the Clerk of the Circuit Court of Roanoke County. This lien instrument or document shall secure the repayment of the promissory note by the property owners to the County and shall be a lien against the property of the owners. Property owners also agree to pay the County any Clerk's fees or recordation costs which may be required to record any lien instrument or documents in the Office of the Clerk of the Circuit Court. 3 4. That the payment by citizens in the project service area, in excess of the eight anticipated with this ordinance, who elect to participate, shall be made to the various funds as follows: The off-site facility fee shall be returned to the Sewer Fund, and payment of the construction costs shall be returned to the Public Works Participation Fund until such time as the advance has been repaid. 5. That the County Administrator is authorized to take such actions and execute such documents as may be necessary to accomplish the purposes of this transaction, all upon form approved by the County Attorney. 6. That this Ordinance shall take effect 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: ZuAt& Q. Brenda J. HoltoK CMC Deputy Clerk to the Board of Supervisors cc: File Gary Robertson, Director, Utility Paul M. Mahoney, County Attorney Diane D. Hyatt, Director, Finance 4 OC) ry w O LLJ ry ao cn C- rn LLJ z °' I O LLJ (n Oo ] Z N W 0 X J r W r' C) LLJ z <� O LLJ � U_ O ry n , LL_ I__L �V �u } / Av3 U I (T W J 0 O ry � S 0Ln 1"7 to W n AV 0W N �tv ; z I J cn m Q O p to n h� = W ? Z td �s h n L) N n �� 0 �N m 1 _ C O �.- \ Wpp ( Z O SO I 11.0 I � V, Ct 41 W w M%N ) w U _ ^ O\ W Z W C W pYn p0O Z O1 W N °10 O p c 8 n OX v1 or Z � n J 9Z0£ J W 2 N W Z W OI =�N 'n X30 u Son Zcri.l T1=N �• O 1 W n o IL E N �j J O O 2 al Mal, O O / = O U � 3 ANO •� h ��� SO I q O�� x9^ �Ic ) C' ^ W Z W C ^O W N N C La h cr W =a n co jr W N c3 t0 J W n J H t0 n 1lb w W V N • I W_ O y�� W m 0 n CL W pYn p0O Z O1 W N °10 O p c 8 n OX v1 or Z � n J 9Z0£ J W 2 N W Z W OI =�N 'n X30 u Son Zcri.l T1=N �• O 1 W n o IL E N �j J O O 2 al Mal, O O / = O U � 3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JULY 28, 1998 ORDINANCE 072898-6 AUTHORIZING THE CREATION OF AND FINANCING FOR A LOCAL PUBLIC WORKS IMPROVEMENT PROJECT, SETTER ROAD SANITARY SEWER EXTENSION, HUNTRIDGE SUBDIVISION, AND ACCEPTING THE DONATION OF UTILITY EASEMENTS WHEREAS, Ordinance 112288-7 authorizes the financing of local public works improvements and the imposition of special assessments upon abutting property owners upon the adoption of an appropriate ordinance by the Board of Supervisors; and WHEREAS, the County Administration has negotiated the extension of the public sewer system to the Setter Road area of the Huntridge Subdivision; and WHEREAS, the extension of the public sewer system and the creation of a special utility (sewer) service area will alleviate a critical public health and safety problem; and WHEREAS, several of the residents have requested that the County allow them to pay their portion of the costs of connection to the public sanitary sewer system over ten years in accordance with the provisions of Ordinance 112288-7; and WHEREAS, the first reading of this Ordinance was held on July 14, 1998, and the second reading was held July 28, 1998. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That pursuant to the authority of Ordinance 112288-7, the Board authorizes and approves a local public works improvement project, namely, public sanitary sewer extension for a portion of the Huntridge Subdivision along Setter Road. The total 1 construction cost of this public sewer project is estimated to be $35,000.00, to be initially financed as follows: Citizen Participation (2 x $4,000) $ 8,000 Advance from Public Works Participation Fund $ 8,000 Utility Department Unappropriated Sewer Fund $19,000 That there is hereby appropriated for this project the sum of $8,000 from the Public Works Participation Fund (which was established by the Board of Supervisors on July 23, 1996). That there is hereby appropriated for this project the sum of $19,000 from the Utility Department Unappropriated Sewer Fund. Any citizen participation under paragraph 3. will be advanced as a loan from the Sewer Fund. 2. That the Project Service Area is shown and designated on the attached plat entitled Huntridge Subdivision - Setter Drive - Sanitary Sewer Petition prepared by the Roanoke County Utility Department, dated July 28, 1998, and identified as Exhibit 1. The Huntridge Subdivision - Setter Drive Sanitary Sewer Service Area is created for a period of ten years. (A) On or before September 30, 1998, any owner of real estate within this service area may participate in and benefit from the public sanitary sewer extension to this service area by paying the sum of $4,000 toward construction costs plus $750, which represents 50% of the current off-site facility fee of $1,500, said costs to be paid in full and in advance of connection to the public sanitary sewer extension. (B) After September 30, 1998, any owner of real estate within this service area may participate in and benefit from the public sanitary sewer extension to this service area by paying the sum of $5,000 toward construction costs plus the off-site facility fee in 2 effect at the time of connection (currently $1,500), said costs to be paid in full and in advance of connection to the public sanitary sewer extension. 3. That the Board authorizes and approves the payment by the property owners in the project service area who elect to participate on or before September 30, 1998, of their portion of the cost of extending the public sanitary sewer system to their properties in accordance with the following terms and conditions: (a) Payment of $4,750 per property owner/residential connection ($4,000 for construction costs plus $750 which is 50% of the current off-site facility fee) to be financed for a maximum of 10 years at an interest rate of 8% percent per annum. Property owners agree to pay $1,750 down and financing the remaining $3,000. The down payment will be applied first to the off-site facility fee and then to the construction costs. (b) Property owners agree to execute a promissory note or such other instrument as the County may require to secure this installment debt. (c) Property owners further agree to execute such lien document or instrument as may be required by the County; said lien document or instrument to be recorded in the Office of the Clerk of the Circuit Court of Roanoke County. This lien instrument or document shall secure the repayment of the promissory note by the property owners to the County and shall be a lien against the property of the owners. Property owners also agree to pay the County any Clerk's fees or recordation costs which may be required to record any lien instrument or documents in the Office of the Clerk of the Circuit Court. 3 4. That the payment by citizens in the project service area, in excess of the two (2) anticipated with this ordinance, who elect to participate, shall be made to the various funds as follows: The off-site facility fee shall be returned to the Sewer Fund, and payment of the construction costs shall be returned to the Public Works Participation Fund until such time as the advance has been repaid; any further payment of construction costs shall be returned to the Sewer Fund. 5. That the Board of Supervisors hereby accepts the donation to said Board of a sewer line easement of variable width from the following property owners along Setter Road: William D. Hale (Tax Map No. 40.14-1-18); F. Wayne Knowles (Tax Map No. 40.14- 1-19); Paul P. Dicks (Tax Map No. 40.14-1-20); Stephan L. Dunn (Tax Map No. 40.14-1- 21); Benjamin R. Asbury, Jr. (Tax Map No. 40.14-1-22); John F. Zuraw (Tax Map No. 40.14-1-23); David L. Beckner (Tax Map No. 40.14-1-24); Garland E. Calhoun, III (Tax Map No. 40.14-1-25); E. Robert Purcell (Tax Map No. 40.14-1-26). 6. That the County Administrator is authorized to take such actions and execute such documents as may be necessary to accomplish the purposes of this transaction, all upon form approved by the County Attorney. 7. That this Ordinance shall take effect on and from the date of its adoption. 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: 4 &x4 Q &8� A.4. Brenda J. Hol n, CMC Deputy Clerk to the Board of Supervisors cc: File Gary Robertson, Director, Utility Paul M. Mahoney, County Attorney Diane D. Hyatt, Director, Finance a� -C c U J C 7 U 00 3 0 OlU) :;_->1 cn;t X W 0 \0 ♦ ♦ I Y OtNV� ^Yi13/g) 1z� W a ` g ♦ Y b I O orn :N0 W Ory� ` Y rWF- W 1 N6 t yl 1 :Elm yah o O ¢ z z iv 1 A ` '+ r U J O Y g ` ° W W :tog �—® O S fN0 f7 , , Y� z ` �uq O G w U w k� fi'--,�, Z cz D=4 D=4 uj 03 0�aw ccLU CO N 0-4 1-.- N Ym W 10 N Q , V Y W 0 M LU 02 p a. w W O co F.. LU N IL 0 IL AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JULY 28, 1998 RESOLUTION 072898-7 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM J CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the certain section of the agenda of the Board of Supervisors for July 28, 1998 designated as Item J - Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 through 9, inclusive, as follows: 1. Approval of Minutes for June 23, 1998, June 26, 1998 (Joint Meeting with School Board, and July 14, 1998 (Joint Meeting with Roanoke City Council). 2. Request from Schools for acceptance and appropriation of $65,000 grant to the Tech Prep Consortium fund. 3. Request from Schools for acceptance and appropriation of $2,800 grant from the Virginia Commission for the Arts. 4. Request from Sheriffs Office to accept the Adult Literacy and Basic Education Program grant for $15,288.89 and appropriate funds. 5. Approval of resolution rescinding and repealing certain policies previously adopted by the Board of Supervisors within the Fire and Rescue Department, and to provide for a policy manual. 6. Acceptance of water facilities serving Roselawn Court. 7. Acceptance of water and sanitary sewer facilities serving Waterford, Section 6. 8. Donation of a drainage easement on property of FW Property, L.L.C. to serve Future Section 1, "Fort Lewis Cove", Catawba Magisterial District. 9. Submission of subscriber complaints regarding Cable Programming Services (C.P.S.) tier rates of Cox Communications Roanoke (formerly Cox Cable Roanoke) to the Federal Communications Commission. 2. That the Clerk to the Board is hereby authorized and directed where required by law to set forth upon any of said items the separate vote tabulation for any such item pursuant to this resolution. On motion of Supervisor Johnson to adopt the Consent Resolution, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None A COPY TESTE: Brenda J. Holto , CMC Deputy Clerk to the Board of Supervisors cc: File Garland Kidd, Director, Vocational and Adult Education Diane D. Hyatt, Director, Finance Dr. Deanna Gordon, School Superintendent Brenda Chastain, Clerk, School Board Gerald S. Holt, Sheriff Gary Robertson, Director, Utility Arnold Covey, Director, Community Development Paul M. Mahoney, County Attorney Vickie L. Huffman, Assistant County Attorney Joseph B. Obenshain, Senior Assistant County Attorney 2 ACTION # A -072898-7.a ITEM NUMBER MEETING DATE: July 28, 1998 AGENDA ITEM: Tech Prep Grant Appropriation COUNTY ADMINISTRATOR'S COMMENTS: BACKGROUND: The Roanoke Area Tech Prep Consortium was established in 1992 and consists of Virginia Western Community college and seven school divisions surrounding the college. Roanoke County has been the fiscal agent for the state administered Carl Perkins federal funds which the consortium has received annually since 1992. Each year the money has been appropriated for the grant amount and reimbursed quarterly to the county by the state. SUMMARY OF INFORMATION: The grants total $65,000 for fiscal year 1998-99 and will continue the Tech Prep Consortium activities including a part-time director's salary, secretarial pay, staff development activities, student recruitment, curriculum development, articulation, work place experiences for students and teachers, classroom materials and supplies and program evaluation. FISCAL IMPACT: None STAFF RECOMMENDATION: Appropriation of the $65,000 grants to the Tech Prep Consortium fund. K, Garland Kidd Elmer C. Hodge Director of Vocational and County Administrator Adult Education ACTION VOTE No Yes Approved (X) Motion by:Bob L. Johnson to approve Johnson _ x Denied ( ) Harrison _ x Received ( ) McNamara_ x Referred ( ) Minnix _ x To ( ) Nickens _ x cc: File Garland Kidd, Director, Vocational and Adult Education Diane D. Hyatt, Director, Finance Dr. Deanna Gordon, School Superintendent Brenda Chastain, Clerk, School Board Abs ACTION A 072898-7. b ITEM NUMBER MEETING DATE: July 28, 1998 AGENDA ITEM: Virginia Commission of the Arts Grant Appropriation COUNTY ADMINISTRATOR'S COMMENTS: BACKGROUND: The Virginia Commission for the Arts approved a grant in the amount of $2,800 for Roanoke County Schools to apply towards eight performances by Virginia Opera for all of the division's elementary schools. SUMMARY OF INFORMATION: A check in the amount of $2,380 was sent to Roanoke County Schools on April 15 and as per the contract with VCU, the balance of $420 will be sent upon receipt of the final report (submitted 6/4/98) . FISCAL IMPACT: None STAFF RECOMMENDATION: Appropriation of the $2,380 and, when received, the $42/0o the grant fund. Garland Life E mer C. Hodg Senior Director of Instruction County Administrator ------------------------------------------------------------------------------------------------------------------ ACTION VOTE No Yes Abs Approved (x) Motion by:Bob L. Johnson to approve Johnson _ x Denied ( ) Harrison _ x Received ( ) McNamara_ x Referred ( ) Minnix _ x To ( ) Nickens _ x cc: File Garland Kidd, Director, Vocational and Adult Education Diane D. Hyatt, Director, Finance Dr. Deanna Gordon, School Superintendent Brenda Chastain, Clerk, School Board A-072898-7 . c ACTION NO. ITEM NO. Z AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER AGENDA ITEM: Request to accept the Adult Literacy and Basic Education Program Grant and to appropriate the funds into the Sheriff's Office Care and Confinement of Prisoners Part -Time Salaries Account. BACKGROUND: We have received approval for the grant money from the State Department of Education for the Adult Literacy and Basic Education/GED program operated by Roanoke City Schools under the auspices of the Roanoke County/Salem Jail. The funding period begins July 1, 1998 and will end June 30, 1999. The total amount of the grant is in the amount of $15,288.89. We will be reimbursed with Federal funds in the amount of $13,760.00 and we are to cover the remaining amount of $1,528.89 from Jail funds. The jail's match is being paid out of the Sheriff's Office Subfund account and requires no additional funding from the Board of Supervisors. SUMMARY OF INFORMATION: See attachment. FISCAL IMPACT: None ALTERNATIVES: None STAFF RECOMMENDATION: Staff recommends acceptance of this grant per the conditions of the Roanoke City Public Schools and the Roanoke County Sheriff's Office. Respectfully submitted, Gerald S. Holt Sheriff Appro d by, 7z Elmer C. Hodge, Jr. County Administrator �I ------------------------------------------------------------------------------------------------------------------ ACTION VOTE No Yes Abs Approved (X) Motion by:Bob L. Johnson to approve Johnson _ x Denied () Harrison _ x _ Received () McNamara_ x Referred () Minnix _ x _ To () Nickens _ x cc: File Gerald S. Holt, Sheriff Diane D. Hyatt, Director, Finance it# Roanoke City Public Schools Division of Instruction • Deportment of Adult Education The Jefferson Center, 541 Luck Ave., S.W., Suite 330, Roanoke, Virginia 24016 May 4, 1998 Sheriff Gerald Holt County of Roanoke, City of Salem Jail 401 East Main Street Salem, Virginia 24153 Dear Sheriff Holt: The State Department of Education has approved $13,760.00 for the Adult Basic Education/GED program in the Roanoke County -City of Salem Jail for the period beginning July 1, 1998 and ending June 30, 1999. This is contingent upon the receipt of federal funds by the Virginia Department of Education. The amount of $13,760.00 will need to be matched with $1,528.89. The cash match can come from funds which you use to purchase supplies and materials or pay salaries and/or fixed benefits to employees in the GED instructional program. We will be contacting you periodically to secure numbers of hours which individuals have worked so that we can claim reimbursement for this program from the State. We will forward funds to your office upon receipt. We will also look forward to working with your instructional staff in professional development in-service programs for teachers during the school year. Please let me know if I can assist you in other ways during the coming school year. Sincerely, xfv� 44v�� Dorothy W. Hayes Supervisor Adult and Continuing Education cc: Lloyd W. Enoch Director of Business, Technical, and Adult Education Excellence in Education AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JULY 28, 1998 RESOLUTION 072898-7.d RESCINDING AND REPEALING CERTAIN POLICIES PREVIOUSLY ADOPTED BY THE BOARD OF SUPERVISORS WITHIN THE FIRE AND RESCUE DEPARTMENT, AND TO PROVIDE FOR A POLICY MANUAL TO GUIDE THE ADMINISTRATION OF COUNTY GOVERNMENT WHEREAS, the Board of Supervisors of Roanoke County hereby establishes a Policy Manual to provide an organized, systematic approach to the handling of routine matters by this government organization, and a dependable source of reference for all County departments and the Board; and, WHEREAS, this Policy Manual is based upon actions taken and measures adopted by the various boards of supervisors of Roanoke County over the past 20 years; and, WHEREAS, in reviewing these actions of the boards of supervisors of Roanoke County over the past 20 years, certain actions should be repealed, rescinded, modified or amended; and, WHEREAS, this Resolution addresses those actions pertaining to the Fire and Rescue Department. NOW THEREFORE, BE IT RESOLVED, by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That there is hereby established a Policy Manual for Roanoke County government. 2. That Resolution 92788-2 adopted on September 27, 1988 which adopted an emergency operation plan is hereby rescinded. 1 2. That Resolution 1240 adopted on May 13, 1975 providing for the appointment of a Fire Marshal and Assistant Fire Marshal is hereby repealed. That Resolution 82890-6 adopted on August 28, 1990 concerning the appointment of a Fire Marshal is hereby revised to be consistent with the provisions of current State law as provided in Chapter 3 "Local Fire Marshals" and Chapter 9 "Statewide Fire Prevention Code Act" of Title 27 "Fire Protection" of the Code of Virginia; and Chapter 9 "Fire Prevention and Protection" of the Roanoke County Code. 4. That Resolution 1415 adopted on January 13, 1976, and Resolution 3195 adopted on July 27, 1982 providing for Workers Compensation benefits for volunteer fire and rescue personnel are hereby repealed. The provisions of these resolutions are currently incorporated in Article 4 "Self -Insurance Program" of Chapter 2 "Administration" of the Roanoke County Code. 5. That this Resolution shall take effect immediately upon its adoption. 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: 0. AU4�� Brenda J. Hol n, CMC Deputy Clerk to the Board of Supervisors cc: File Richard E. Burch, Chief, Fire & Rescue Paul M .Mahoney, County Attorney Mary E. Hicks, Executive Secretary 2 AT THE REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 27, 1988 R E S O L U T I O N 9 2 7 8 8- 2 AUTHORIZING ADOPTION OF EMERGENCY OPERATIONS PLAN FOR ROANOKE COUNTY BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: WHEREAS, the Roanoke County Board of Supervisors is greatly concerned with the health, safety, and well-being of its citizens and desires that the best possible emergency services be available to them; and WHEREAS, the Commonwealth of Virginia Emergency Services and Disaster Law of 1973 requires that each city and county develop and maintain an Emergency Operations Plan which addresses its planned response to emergency situations; and WHEREAS, such a plan has been developed by County staff in coordination with the Virginia Department of Emergency Services with input from responsible local agencies. NOW, THEREFORE, BE IT RESOLVED, by the Roanoke County Board of Supervisors that, on the 27th day of September, 1988, it does hereby officially adopt the Roanoke County Emergency Operations Plan, to include plans and procedures for both peacetime and war -caused disasters. On motion of Supervisor McGraw, seconded by Supervisor Robers and carried by the following recorded vote: AYES: Supervisors Johnson, McGraw, Nickens, Robers, Garrett NAYS: None A COPY TESTS: Mary H. Allen, Deputy Clerk Roanoke County Board of Supervisors cc: File Thomas C. Fuqua, Chief of Fire & Rescue Department PLT lfq(J UL• THE ROANGXE COUNTY BOARD OF SUPERVISORS , HELD 3.`''CHE SALEM-ROANO:;y VALLEY CIVIC CENTER ON TUESDAY, MAY 13, 1975. RESOLUTION NO.* 1240 DESIGNATING A FIRE MARSHAL AND AN ASSISTANT FIRE MARSHAL FOR ROANOKE COUNTY. WHEREAS, Section 27-30 of the Code of Virginia, 1950, as amended, provides that the Board of Supervisors may, at such time as it deems the same to be expedient, appoint an individual to be Fire Marshal for the County; and WHEREAS, Section 27-36 of the Code of Virginia, 1950, as amended, provides that the Board of Supervisors may, at .such time as it deems the same to be expedient, appoint an'individual to be Assistant Fire Marshal for the County;and WHEREAS, the Board of Supervisors is of opinion that the Fire Coordinator of Roanoke County should be designated and appointed as' the Fire Marshal of Roanoke County and that the Fire Inspector of Roanoke County should be designated and appointed as Assistant Fire Marshal in order that said individuals may enforce the fire prevention and fire safety laws of Roanoke County. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County that the Fire Coordinator be, and he is hereby officially designated and appointed the Fire Marshal for Roanoke County.. BE IT FURTHER RESOLVED that the Fire Inspector be, and he is hereby officially designated and appointed the Assistant Fire Marshal for Roanoke County. BE IT FURTHER RESOLVED that said individuals shall, before exercising any authority granted to them as.Fire Marshal or Assistant Fire Marshal, . satisfactorily complete a policy training course designed specifically for local fire marshals and assistants, which course shall be approved by the Law -Enforcement Officers Training Standards Commission, as said requirement is contained in Section 27-34.2 of the. Code of Virginia. BE IT FINALLY RESOLVED that prior to acting in any official capacity, the Fire Marshal and his- Assistant shall take the oath --required by Section 27-37 of the Code of Virginia. On motion of Supervisor Johnson and adopted by the following .recorded vote: AYES: Mr. Dodson, Mrs. Johnson, Mr. Seibel, Mr. Flora NAYS: None A Copy. - Teste: ABSENT: Mr. Hilton --1 William F. Clark, Clerk Roanoke County Board of Supervisors AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON .TUESDAY, AUGUST 28, 1990 RESOLUTION 82890-6 APPOINTING THE FIRE MARSHALL FOR ROANOKE COUNTY AND AUTHORIZING EXERCISE OF POWERS UNDER CHAPTER 3 OF TITLE 27 OF THE CODE OF VIRGINIA AND THE ROANOKE COUNTY CODE WHEREAS, Chapter 3 of Title 27 of the Code of Virginia, 1950, as amended, provides statutory authority to the governing bodies of counties, cities and towns to appoint a fire marshall and provides for the duties and powers of such official; and WHEREAS, the Virginia Statewide Fire Prevention Code, previously enacted as Chapter 9 of the Roanoke County Code by Ordinance 52488-13, sets forth the duties and powers of the Roanoke County Fire Marshall in enforcing these codes; and WHEREAS, it is the intent of this resolution to confer upon the Chief of the Fire and Rescue Department of Roanoke County the authority as fire marshall and to designate officers of that department to exercise the duties and powers of the position at his direction. NOW, THEREFORE BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia as follows: 1. The Chief of the Fire and Rescue Department is hereby appointed as Roanoke County Fire Marshall which position and title shall include the term "fire official" or "arson investigator". The Fire Marshall shall be responsible for exercising all duties and powers of that position or that of the Fire Official granted or implied under Virginia law, including the Virginia Statewide Fire Prevention Code. 2. The Chief of the Fire and Rescue Department is hereby MW granted the authority to designate an officer of his department to perform the duties and exercise the powers of the Fire Marshall. Such authorization may include the authority to issue such summons as authorized by law and the responsibility to respond to all subpoenas and summonses directed to the Fire Marshall or Fire official for Roanoke County.' 3. The Chief of the Fire and Rescue Department is further authorized to appoint one or more assistants, who shall have the powers and perform the duties of the Fire Marshall as provided by § 27-36 of the Code of Virginia, 1950, as amended. Such designated Fire Marshall and assistants shall have received the necessary training to exercise the powers granted by § 27-34.2 and § 27- 34.2:1 of the Code of Virginia. 4. The officer designated by the Chief of the Fire and Rescue Department to act as Roanoke County Fire Marshall shall be responsible for the management of the Fire Prevention Division and for the enforcement of the County Fire Prevention Code , other ordinances concerning fire prevention and any other fire prevention related activity. Specifically, such designated Fire Marshall and his assistants are authorized to exercise all powers granted by § 27-34.2 and § 27-34.2:1 of the Code of Virginia, 1950, as amended. The designated Fire Marshall and his assistants are further authorized to exercise the powers conferred by § 27-81(b) of the Code of Virginia, 1950, as amended, in the same manner and subject to the same conditions as other authorities. 5. That this resolution shall be in force from the date of its passage. On motion of Supervisor Nickens to adopt resolution, and carried by the following recorded vote: AYES: Supervisors Eddy, McGraw, Johnson, Nickens, Robers NAYS: None A COPY TESTE: Mary H. -Allen, Clerk Roanoke County Board of Supervisors cc: File Thomas C. Fuqua, Chief, Fire & Rescue D. Keith Cook, Director, Human Resources Paul M. Mahoney, County Attorney Skip Burkart, Commonwealth Attorney Magistrate Police Department Roanoke Law Library, 315 Church Avenue, S.W., Rke, 24016 Main Library Roanoke County Code Book Roanoke County Family Services Court, Intake Counsellor AT A R_FGULAR MEETINGfOF THE BOARD OF COUNTY SUPERVISORS OF ROANOKE COUNTY, HELD AT THE SALEM-ROANOKE VALLEY CIVIC CENTER ON TUESDAY, JANUARY 13, 1976. RESOLUTION NO. 1415 GRANTING WORKMEN'S COMPENSATION INSURANCE BE?1EFITS TO THE COUNTY VOLUNTEER FIREMEN AND RESCUE SQUAD MEMBERS. WHEREAS, the County has many dedicated volunteer firemen and rescue squad members who on many occasions risk their lives in per- forming the duties connected with membership in said organizations; and WHEREAS, the Board of County Supervisors is of opinion that members of said organizations should be included within the County workmen's compensation insurance program. NOW, THEREFORE, BE IT RESOLVED by the Board of County Supervisors of Roanoke County that said Board hereby extends workmen's compensation insurance benefits to the hereinafter specified volunteer firemen and rescue squad members of all County volunteer fire companies and rescue squads. BE IT FURTHER RESOLVED that only suchqualified members as are listed on membership rosters maintained in the office of the County Executive shall be eligible for such workmen's compensation benefits. On motion of Supervisor Tompkins and adopted by the following recorded vote: AYES: Mr. Compton, Mr. Myers, Mr. Tompkins, Mrs. Johnson NAYS: None ABSENT: Mr. Dodson A Copy - Teste: William F. Clark, Clerk Board of County Supervisors AT A REGULAR MEETING OF THE aOARO OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE SALEM-ROANOKE COUNTY CIVIC CENTER ON TUESDAY, JULY 27, 1982. RESOLUTION NO. 3195 DESIGNATING THE ROANOKE COUNTY VOLUNTEER FIREMEN, THE ROANOKE COUNTY RESCUE SQUADSMEN, AND THE ROANOKE COUNTY AUXILIARY POLICEMAN EMPLOYEES OF ROANOKE COUNTY FOR PURPOSES OF WORKMEN'S COMPASATION BE IT, RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the Roanoke County volunteer firemen, Roanoke County rescue squadsmen, and Roanoke County auxiliary policemen be, and they herehy are, declared to be employees of Roanoke County for the sole and exclusive purpose of inclusion in the Commonwealth of Virginia's assigned risk program for workmen's compensation pursuant to Section 65.1-4.1 of the 1950 Code of Virginia, as amended; and 2. That an attested copy of this resolution he forthwith forwarded to the Travelers Indemnity Company of Hartford,, Connecticut, and to the Department of Workmen's Compensation of the Commonwealth of Virginia. On motion of Supervisor Gary James Minter and adopted by the following, roll call vote: AYES: Supervisors Minter, Johnson, Myers, and Burton. NAYS: None. A Copy - Teste: Donald R.iFt rs, Cle m Board of Supervisors 3-9-02 copies to: Insurance Clerk Director of Finance Fire and Emergency Services Coordinator County Sheriff file Personnel/Payrolls A -072898-7.e 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: July 28, 1998 SUBJECT: Acceptance of Water Facilities Serving Roselawn Court COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The Developers of Roselawn Court, MRW Developers, LLC, have requested that Roanoke County accept the Deed conveying the water facilities serving the subdivision along with all necessary easements. The water facilities are installed, as shown on plans prepared by Lumsden Associates entitled Roselawn Court, which are on file in the County Engineering Department. The water facility construction meets the specifications and the plans approved by the County. FISCAL IMPACT: The value of the water construction is $34,000. RECOMMENDATION: Staff recommends that the Board of Supervisors accept the water facilities serving the Roselawn Court subdivision along with all necessary easements, and authorize the County Administrator to execute a Deed for the transfer of these facilities. SUBMITTED BY: A Gary Robertso , P.E. Utility Director Approved (X) Denied ( ) Received ( ) Referred ( ) To ( ) --Zil Elmer C. Hodge County Administrator ACTION Motion by:Bob L Johnson to approve cc: File Gary Robertson, Director, Utility Arnold Covey, Director, Community Development Paul M. Mahoney, County Attorney VOTE No Yes Abs Johnson — x Harrison _ x McNamara_ x Minnix — x Nickens _ x R OANOKE COUNTY UTILITY DEPARTMENT ACCEPTANCE OF WATER FACILITIES SERVING ROSELAWN COURT. `76 v3 RETURN To: ROANOKE COUNTY ATTORNEY'S OFFICE THIS CHATTEL DEED, made this 9th day of April , 19 98 , by and between: MRW Developers. LLC , a Virginia corporation, hereinafter referred to as the "Developer," party of the first part; and the BOARD OF SUPERVISORS OF ROANOKE COI.JNTY, VIRGINIA, its successors or assigns, hereinafter referred to as the "Board," parry of the second part. :WITNESSETH: THAT FOR AND IN CONSIDERATION of the mutual benefits accruing to the parties, the receipt and sufficiency of which is hereby acknowledged, the Developer does hereby GRANT, CONVEY, ASSIGN AND TRANSFER, with the covenants of GENERAL WARRANTY OF TITLE, in fee simple unto the Board all water and/or sewer lines, valves, fittings, laterals, connections, storage facilities, sources of water supply, pumps, manholes and any and all other equipment and appurtenances thereunto belonging, in and to the water and/or sewer systems in the streets, avenues, public utility, easement areas, water and sewer easement areas that have been or may hereafter be installed by the Developer, along with the right to perpetually use and occupy the easements in which the same may be located, all of which is more particularly shown, described and designated as follows, to wit: Page 1 of 4 As shown on the plan entitled Roselawn Court , made by Lumsden Associates. PC and on file in the Roanoke County Engineering Department. The Developer does hereby covenant and warrant that it will be responsible for the proper installation and construction of the said water and/or sewer systems including repair of surface areas affected by settlement of utility trenches for a period of one (1) year after date of acceptance by the Board and will perform any necessary repairs at its cost. Elmer C. Hodge, County Administrator of Roanoke County, Virginia, hereby joins in the execution of this instrument to signify the acceptance of this conveyance pursuant to Resolution No. adopted by the Board of Supervisors of Roanoke County, Virginia, on the day of '19 Page 2 of 4 Developer: By: As: WITNESS THE FOLLOWING signatures and seals: MRW Developers LLC State of. Virginia County/City of: Roanoke , to wit: The foregoing instrument was acknowledged before me this: day of h — — 19 By: Mark S. Webb Its Manager Duly authorized officer Title on behalf of MRW Developers, LLC Not Public My Commission expires:9; C Page 3 of 4 Approved as to form: County Attorney Board of Supervisors of j7— Roanoke County, Virginia By: (SEAL) Elmer C. Hodge County Administrator State of: Virginia County/City of: Roanoke , to wit: The foregoing instrument was acknowledged before me this: , day of , 19 by Elmer C. Hodge, County Administrator, on behalf of the Board of Supervisors of Roanoke County, Virginia. Notary Public My Commission expires: Page 4 of 4 ACTION # A-072898-7. f ITEM NUMBER � l AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: July 28, 1998 SUBJECT: Acceptance of Water and Sanitary Sewer Facilities Serving Waterford, Section 6 COUNTY ADMINISTRATOR'S COMMENTS: I UZ SUMMARY OF INFORMATION: The Developers of Waterford, Section 6, Strauss Construction Corporation, have requested that Roanoke County accept the Deed conveying the water and sanitary sewer facilities serving the subdivision along with all necessary easements. The water and sewer facilities are installed, as shown on plans prepared by Lumsden Associates entitled Waterford, Section 6, which are on file in the County Engineering Department. The water and sanitary sewer facility construction meets the specifications and the plans approved by the County. FISCAL IMPACT: The value of the water and sanitary sewer construction is $31,000 and $24,000 respectively. RECOMMENDATION: Staff recommends that the Board of Supervisors accept the water and sanitary sewer facilities serving the Waterford, Section 6 subdivision along with all necessary easements, and authorize the County Administrator to execute a Deed for the transfer of these facilities. SUBMITTED BY: l � Gary Roberton, P.E. Utility Director APPROVED: If �11" Elmer C. Hodge County Administrator ------------------------------------------------------------------------------------------------------------------ ACTION VOTE No Yes Abs Approved (X) Motion by:Bob L. Johnson to approve Johnson _ x _ Denied O Harrison _ x Received () McNamara_ x Referred () Minnix _ x To () Nickens _ x cc: File Gary Robertson, Director, Utility Arnold Covey, Director, Community Development Paul M. Mahoney, County Attorney NORTH mlmmm� --,F__ * / , p ROANOKE COUNTY UTILITY DEPARTMENT ACCEPTANCE OF WATER AND SEWER FACILITIES SERVING WATERFORD, SECTION 6. v —7-7=21,f—, 7: r" ---------- -- -- 777 MIC .'F4 ON' "I 01-m mcww rim% w _ - - - - - - - - - - — - - - - - - all, NNIW .0 ol—. --g'CARLE-T A I zzzz t. mir In '*;'We wtv" SCARLET OAK ORWE " I' - - - - - - - - - - - I - - - - - - - - - - - - - - - - - — - - - . . . . . . . . . . . . ow w 41111 p ROANOKE COUNTY UTILITY DEPARTMENT ACCEPTANCE OF WATER AND SEWER FACILITIES SERVING WATERFORD, SECTION 6. THIS CHATTEL DEED, made this 22 day of June , 19 98 , by and between: Strauss Construction Corporation. , a Virginia corporation, hereinafter referred to as the "Developer," party of the first part; and the BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, its successors or assigns, hereinafter referred to as the "Board," party of the second part. :WITNESSETH: THAT FOR AND IN CONSIDERATION of the mutual benefits accruing to the parties, the receipt and sufficiency of which is hereby acknowledged, the Developer does hereby GRANT, CONVEY, ASSIGN AND TRANSFER, with the covenants of GENERAL WARRANTY OF TITLE, in fee simple unto the Board all water and/or sewer lines, valves, fittings, laterals, connections, storage facilities, sources of water supply, pumps, manholes and any and all other equipment and appurtenances thereunto belonging, in and to the water and/or sewer systems in the streets, avenues, public utility, easement areas, water and sewer easement areas that have been or may hereafter be installed by the Developer, along with the right to perpetually use and occupy the easements in which the same may be located, all of which is more particularly shown, described and designated as follows, to wit: . Page 1 of 4 As shown on the plan entitled Waterford. Section 6 , made by Lumsden Associates and on file in the Roanoke County Engineering Department. The Developer does hereby covenant and warrant that it will be responsible for the proper installation and construction of the said water and/or sewer systems including repair of surface areas affected by settlement of utility trenches for a period of one (1) year after date of acceptance by the Board and will perform any necessary repairs at its cost. Elmer C. Hodge, County Administrator of Roanoke County, Virginia, hereby joins in the execution of this instrument to signify the acceptance of this conveyance pursuant to Resolution No. adopted by the Board of Supervisors. of Roanoke County, Virginia, on the day of —'19 Page 2 of 4 Developer: IN �i WITNESS THE FOLLOWING signatures and seals: As: President State of. Virginia County/City of: Roanoke _,to wit: The foregoing instrument was acknowledged before me this: day of Q, 19 By: Steven S. Strauss its President Duly authorized officer Title on behalf of Strauss Construction Corporation Notary Public ' My Commission expires:P� Page 3 of 4 Approved as to form: Board of Supervisors of Roanoke County, Virginia By: (SEAL) County Attorney Elmer C. Hodge County Administrator State of: Virginia County/City o£ Roanoke , to wit: The foregoing instrument was acknowledged before me this: , day of , 19 , by Elmer C. Hodge, County Administrator, on behalf of the Board of Supervisors of Roanoke County, Virginia. Notary Public My Commission expires: Page 4 of 4 A-072898-7.9 ACTION NO. ITEM NO. NJ�" AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: July 28, 1998 AGENDA ITEM: Donation of a drainage easement on property of FW Properties, L.L.C. to the Board of Supervisors of Roanoke County to serve Future Section 91, "Fort Lewis Cove" (Catawba Magisterial District) COUNTY ADMINISTRATOR'S COMMENTS SUMMARY OF INFORMATION: This consent agenda item involves acceptance of the following easement conveyed to the Board of Supervisors for drainage purposes, in connection with development of Future Section #1, "Fort Lewis Cove," in the Catawba Magisterial District of the County of Roanoke: a) Donation of a drainage easement, seventy feet (70') in width, from FW Properties, L.L.C., (Deed Book 1564, page 1154) (Tax Map No. 44.03-4-37) as shown on a plat prepared by Lumsden Associates, P.C., dated June 16, 1998, a copy of which is attached hereto. The location and dimensions of this property have been reviewed and approved by the County's engineering stall. STAFF RECOMMENDATION: Staff recommends acceptance of the drainage easement. Respectfully submitted, Vickie L. Huffman Assistant County Attorney ACTION VOTE No Yes Abs Approved (X) Motion by: Bob L Johnson to approve Johnson _ x Denied () Harrison — x _ Received () McNamara_ x — Referred () Minnix — x _ To () Nickens — x cc: File Vickie L. Huffman, Assistant County Attorney Arnold Covey, Director, Community Development FUTUp6E SEGt/ON #1 "F02T GEW/s GOVE" 4EGTA = 2'06'40' PAD= 542.95' ARC = 10011 6N012D70 D0, N 18°!1'18"W z' A�7� TAX*44.03 - 4 AG. 0 FW I°ROPERTfES� L.G.G= 01011564 P6, 1154 m 516'05'57 "E, 20.00 m n A m N6 -W 70'Q2A1NAgC- 3 EASEM&N%' $ � 215.12 I p3,.W,414�ap� m � 51� or 1 ��LyyR NOTES: 1) THIS PLAT WAS PREPARED WITHOUT THE BENEFIT OF A CURRENT TITLE REPORT AND THERE MAY EXIST EASEMENTS NOT SHOWN HEREON. 2) THE INTENT OF THIS PLAT -IS TO GRANT THE NEW DRAINAGE EASEMENT TO THE EXISTING NATURAL WATERCOURSE. 6 //<v/f8 VINCENT k t 1428B 9 .`� o -----.40V PLAT SHOWING NEW 20' DRAINAGE EASEMENT BEING GRANTED TO COUNTY OF ROANOKE FOR PUBLIC USE BY FW PROPERTIES, L.L.C. SITUATED ALONG ALLEGHANY DR. - CATAWBA MAGISTERIAL DISTRICT ROANOKE COUNTY, VIRGINIA SCALE: I"= 100' DATE: 16 JUNE 1998 LUMSDEN ASSOCIATES, P. C. ENGINEERS -SURVEYORS -PLANNERS ROANOKE, VIRGINIA pm- A -072898-7.h 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: July 28, 1998 AGENDA ITEM: Submission of subscriber complaints regarding Cable Programming Services (C.P.S.) tier rates of Cox Communications Roanoke (formerly Cox Cable Roanoke) to the F.C.C. COUNTY ADMINISTRATOR'S COMMENTS: a � � � fflig WE 211 BACKGROUND: Recent changes in Federal Communications Commission (F.C.C.) regulations have removed the ability of individual cable consumers to file complaints which raise objections to rate increases for the cable programming services tier (C.P.S.) directly with the F.C.C. Cox Communications Roanoke has announced increases in their rates for cable customers for both basic cable service and for the C.P.S. tier of cable services effective March 1, 1998. A cable customer has 90 days from the effective date of an increase in cable rates to file a complaint regarding C.P.S. rates with the franchising authority. The franchising authority must receive complaints from at least two customers before it may file a request with the F.C.C. to review an increase in C.P.S. rates. The County has received an opinion from its outside legal counsel for cable television issues that these rate increases instituted by Cox Communications are within the range permitted by F.C.C. regulations. (See Attachment "A", letter from Brian T. Grogan, dated January 15, 1998.) SUMMARY OF INFORMATION: Roanoke County has received complaints or protests from twelve citizens requesting a review of the announced intentions of Cox Communications to increase the rates for its C.P.S. tier effective March 1, 1998. The Board of Supervisors of Roanoke County, as the franchising authority, made an initial determination at its May 12, 1998, meeting that these subscriber complaints were received within 90 days from the date the rate increase at issue went into effect and that such rate increase pertains to the C.P. S. tier. Roanoke County then sent a written notice, including a draft FCC Form 329, to Cox Communications to inform them that these complaints are pending with the County. Cox Communications has submitted a response to the County following this Board's action on May 12, 1998, to provide notice to Cox of the number of subscriber complaints received and the County's option to file a Form 329 with the F.C.C. Cox Communication has submitted an amended form FCC 1240 which justifies their rate increases as within the range permitted by the F.C.C. as reasonable. (See Attachment "B", letter from John W. Bingham, CPA, Business Manager, dated June 25, 1998.) Roanoke County has 180 days from the effective date of the rate increase in question to file the FCC Form 329, along with any response from the cable operator, with the F.C.C. I have received notification that the City of Roanoke is in the process of filing a FCC Form 329 with the F.C.C. as to this same rate increase. The Town of Vinton filed their FCC Form 329 on May 26, 1998. FISCAL IMPACT: None. ALTERNATIVES: Authorize the County Administrator to execute a Form 329, as prepared by the County Attorney and forward to the Federal Communications Commission (F.C.C.) prior to August 27, 1998. 2. Decline to file a rate complaint on the C.P.S. tier, Form 329, with the F.C.C. and rely upon the review of rate increases previously conducted on behalf of the County by outside legal counsel. STAFF RECOMMENDATION: Staff recommends Alternative #l. Approved (X) Denied ( ) Received ( ) Referred ( ) To ( ) cc: File Respectfully submitted, Assistant County Attorney ACTION Motion by: Bob L. Johnson to approve VOTE No Yes Abs Johnson _ x _ Harrison — x _ McNamara_ x Minnix _ x _ Nickens x Joseph B. Obenshain, Senior Assistant County Attorney Attachment "A" LAW OFFICES MOSS & BARNETT A PROFEssIONAL ASSOCIATION 4800 NORWEST CENTER 90 SOUTH SEVENTH STREET BRIAN T. GROGAN MINNEAPOLIS, MINNESOTA 55402-4129 (612)347-0340 TELEPHONE (612) 347-0300 E-MAIL: GroganBQmoss-bamett.com FACSIMILE (612) 339-6686 January 15, 1998 VIA FACSIMILE AND U.S. MAIL Mr. Gary Tegenkamp Assistant City Attorney 464 Municipal Building 215 Church Avenue SW Roanoke, VA 24011-1595 VIA FACSIMILE AND U.S. MAIL Mr. Joseph B. Obenshain Senior Assistant County Attorney County of Roanoke P.O. Box 28800 Roanoke, VA 24018-0798 VIA FACSIMILE AND U.S. MAIL Mr. William Heartwell, III Town Attorney P.O. Box 338 Vinton, VA 24179 Re: Cox Cable's FCC Forms 1240 and 1205 Dear Gentlemen: U JAN 20 tScS3 I received from each of you relevant rate regulation materials submitted by Cox Cable. One issue which has been raised by the City of Roanoke, is the actual legal name of Cox Cable in the Roanoke Valley area. Mr. Tegenkamp has noted that approximately one year ago Cox Communication,Roanoke, Inc. merged into CoxCom, Inc. CoxCom, Inc. was to be the grantee for the cable system in the three jurisdictions and would be doing business as Cox Communications Roanoke. I am uncertain why Cox Communications Roanoke, Inc. is the legalBq� .. lr Suice 1896 Porn e y'3 ��~3 MOSS & BARNETT A PROFESSIONAL ASSOCIATION '51 Gary Tegenkamp, Joseph B. Obenshain, William Heartwell, III January 15, 1998 Page 2 name identified on each of your FCC Form 1240's. I believe this issue should be raised with Cox Cable to clarify the exact name of the grantee and to ensure that all forms are properly identified. I do not, however, believe that this issue will have any bearing on the rate submissions by Cox Cable. • 1 hi7 Before I attempt to explain the impact of Cox Cable's most recent Form 1240 filings on each of your communities, it may be helpful to briefly review Federal rate regulations. Franchising authorities such as the city, county and town, may only regulate the rates for the basic service tier and associated equipment. Franchising authorities are not allowed to regulate rates for the Cable Programming Services Tier (CPST), nor for any premium or pay-per-view channels. Only the FCC may regulate CPST rates, and then only in response to an FCC Form 329 (Complaint form) submitted by the franchising authority in that jurisdiction. Rates for premium channels such as HBO and Cinemax and pay-per-view programming are free from rate regulation. When regulating basic service tier rates, cable operators submit rate regulation forms to Franchising authorities for their review. The Form 1240s each community received are intended to update rates on an annual basis by reflecting changes in the number of channels, cost of programming, copyright fees, inflation and other factors. Each form 1240 submitted relies on data from past filings, so any error in last year's form will impact subsequent filings. Since each community is considered separate and distinct, each has a separate set of forms establishing rates. Factors such as population and income level can effect the ultimate maximum permitted rate identified in each form 1240. Moreover, each community receives form 1205 to establish equipment rates. FCC regulations allow operators to average costs over entire regions for equipment rates which is why each of your communities received identical form 1205s each of which identify the same equipment rates. Based on the forms presently available to me, both the city and county have previously submitted FCC Form 329 to the FCC seeking review of Cox Cable's CPST rates. No Form 329 has been submitted by the town of Vinton and therefore no FCC review was conducted. It is important to note that despite the fact that all three (3) of your systems are served off the same head -end and are essentially run as one system by Cox Cable, each of your jurisdictions is considered separate for purposes of rate regulation and each has an "individual community unit" MOSS & BARNETT A PROFESSIONAL ASSOCIATION Gary Tegenkamp, Joseph B. Obenshain, William Heartwell, III January 15, 1998 Page 3 identifier (CUID) number assigned to it by the FCC. Therefore, despite the fact that certain errors were discovered by the FCC in reviewing Cox Cable's proposed rates in the city and county, Cox Cable is not legally required to make similar modifications in the town of Vinton, since no FCC order was issued for that CUID number. In the City of Roanoke, the FCC originally adopted an Order on October 14, 1997, regarding the CPST rates. On November 11, 1997, the FCC adopted an Order on Reconsideration for the City of Roanoke which essentially determined that Cox Cable had made errors in its true -up calculations and inflation adjustments, but that the ultimate impact on CPST rates was only 10 per month per subscriber. Therefore, no refund liability was ordered by the FCC because the amount in question was deemed "de minimis." Cox Cable reflected the issues identified by the FCC Orders in its FCC Form 1240 filing submitted to the City of Roanoke on or about November 27, 1997. An FCC order was also adopted with respect to the County of Roanoke on November 21, 1997, identifying true -up and inflation errors made by Cox Cable resulting in potential refund liability of $ .27 per subscriber. The liability is potentially larger in the county because the FCC went back one extra year due to a complaint form having been filed in the county back in 1996. Cox Cable has submitted a Petition for Reconsideration to the FCC with respect to the November 27, 1997 Order, although no action has yet been taken in that matter. IMPACT ON BASIC SERVICE RATES FCC Form 1240 is set up so that changes in inflation or true -up calculations affect not only the CPST rate but also the basic service tier rate. In other words, any modification will affect both rate calculations and will carry through to ultimately determine the maximum permitted rate for each service level. Theref6re, findings of the FCC with respect to the CPST rate will have a corresponding impact on the basic service tier rates. In the rate filing for Cox Cable in the City of Roanoke, the issues in question do not result in any modification of the maximum permitted basic service tier rate. However, in the County of Roanoke, it is possible that if the FCC Order is upheld, a corresponding reduction in the basic service tier rates and applicable refund liability may be ordered by the county. FCC regulations allow a franchising authority to go back one year from the date of 1240 filing for purposes of establishing refund liability. So the "clock is running" for the county regarding this matter. I have spoken with Cox Cable representatives about an agreement which would essentially preserve all of the county's rights to order a refund back in time with respect to the basic service tier rates pending the outcome of Cox Cable's Petition on Reconsideration to the FCC. In this way the County will not be forced to immediately issue a rate order on the basic MOSS & BARNETT A PROFESSIONAL ASSOCIATION Gary Tegenkamp, Joseph B January 15, 1998 Page 4 Obenshain, William Heartwell, III service tier rates before knowing the FCC's decision on Cox Cable's petition. The advantage to this scenario is that the county is not forced to immediately issue a rate order which might ultimately be rendered moot if the FCC does in fact alter its Order in light of Cox Cable's Petition. By entering into an agreement with Cox Cable that the time period for refund liability will not be affected, the County will have the advantage of waiting to review the FCC's ultimate decision on this matter and then acting accordingly to ensure subscribers receive the benefit of any applicable refunds which may be due. Since the town of Vinton never submitted an FCC Form 329 to the FCC, there is no pending review by the FCC and no Orders have been issued. As a result, Cox Cable is not obligated to adjust the CPST rates or basic service tier rates in the town of Vinton. I Based on the foregoing, it appears the rates outlined in FCC 1240 for both the town of Vinton and the City of Roanoke have been accurately calculated by Cox Cable using FCC form 1240. We find no mathematical errors in Cox Cable's calculations and the forms appear to be correctly completed in compliance with the regulations. With respect to the county of Roanoke, there remains a question whether the issues uncovered by the FCC in its November 21, 1997, Order will remain applicable. Pending the outcome of Cox Cable's Petition for Reconsideration subscribers may receive refunds for overcharges on the CPST rates. If this occurs, it is likely that a corresponding reduction in the basic service tier rates will also be appropriate and may result in refund liability on the basic tiers as well. However, given that no decision from the FCC has yet been issued on Cox Cable's petition for reconsideration, it would appear pYcdent to discuss uritr Cox Cable some form of letter agreement whereby Cox Cable will preserve the Cm's right to mandate refund liability ? back in time while it awaits the FCC's decision. By entering into such an agreement, the City will not be waiving any of its rights to order applicable refunds but at the same time will not be forced to issue a rate order and defend the inevitable appeal to the FCC by Cox Cable. I have asked Cox Cable to prepare such a letter for our review and consideration and expect same shortly. No additional action is required by either the city, town or county with respect to FCC forms 1240 or 1205. FCC regulations provide that if any of the communities should subsequently find an error in Cox Cable's calculations, or if the information should become available to you that suggests an error in the calculations, you will have the right to order refunds up to one year from the date of filing of these forms (on or about November 27, 1997). t, \' t Ccs , ,/ MOSS & BARNETT A PROFESSIONAL ASSOCIATION Gary Tegenkamp, Joseph B. Obenshain, William Heartwell, III January 15, 1998 Page 5 If you should have any questions regarding this letter, or if I can provide any additional assistance or information, please feel free to contact me. Otherwise, I will forward to the county a draft letter of agreement with Cox Cable for its review and consideration as soon as it becomes available. Very truly yours. Brian T. Grogan BTG/rlb 156362/3CN#01 !.DOC t June 24, 1998 Mr. Joseph B. Obenshain Senior Assistant County Attorney County of Roanoke PO Box 29800 Roanoke, VA 24018-0798 Attachment "B" 5400 Fallowater Lane SW Roanoke, Virginia 24014 P.O. Box 13726 Roanoke, Virginia 24036EM Fa (540)776-3845 Fax (540)776-3847 C Olt COMMUNICATIONS Re: CoxCom, Inc. d.b.a. CoxCom, Inc. County of Roanoke CPS Complaint to the FCC CUID #: VA0151 Dear Mr. Obenshain: The purpose of this letter is to provide the County of Roanoke with the required Federal Communications Commission (FCC) Form 1240 to support our CPS tier rate. The County has indicated intent to file a complaint with the FCC concerning our March 1, 1998 rate change and this is our response to your letter of intent. Cox's response is being made within the requested time period. Upon reviewing the County of Roanoke's draft of the FCC Form 329, the current rates are stated correctly without franchise fees and the FCC User Fee. Enclosed are two FCC Form 1240's and the related supporting documents for your review. I have also included a copy of the notification letter sent to the FCC dated January 21, 1998 indicating of our intent to change CPS rates as it contains information pertinent to rate computations. If the County decides to file a complaint, please forward a copy of our response to the FCC with your complaint. If you should have any questions please contact me at 776-3844 extension 155. I will be glad to assist you. Sincerely, W , 9;/40t- John W. Bingham, CPA Business Manager Enclosure cc: Johnny Benson, Acting General Manager Kathy Payne, Cox Communications, Inc. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JULY 28, 1998 RESOLUTION 072898-8 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. Holto , CMC Deputy Clerk to the Board of Supervisors cc: File Executive Session A-072898-9 ACTION NUMBE ITEM NUMBER S-1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER AGENDA ITEM: Request for adoption of Drainage Maintenance Projects for FY98/99. • X11 ► :� •: •1111 During the July 28, 1998 work session early this evening, the Board of Supervisors approved the attached drainage projects for inclusion into the Drainage Maintenance Priority List for FY98/99. No additional funding is being requested. Staff recommends approval of these additional drainage projects for inclusion into the Drainage Maintenance Priority List. S B ITTED BY: APPROVED BY: A?r ak Covey, Director Elmer C. Hodge Department of Community Dev lopment County Administrator 1 EXHIBIT "B" PROPOSED PROJECTS P-238 - P-271 P-242 Dean Thompson 2730 Tulip Lane DESCRIPTION: STABILIZE OUTFALL OF STORM SEWER ESTIMATED COST: $12,000 TAX MAP # 61.11-1-47-5 MAGISTERIAL DISTRICT: VINTON P-243 Craig and Kathy Dickerson 2817 Emissary Drive DESCRIPTION: RECONSTRUCT CHANNEL ESTIMATED COST: $5,000 TAX MAP # 36.20-4-22 MAGISTERIAL DISTRICT: CATAWBA P-244 Robert Lindsey 6744 Mallard Lake Drive DESCRIPTION: REPAIR EXISTING STORM SEWER ESTIMATED COST: $15,000 TAX MAP # 96.03-3-10 MAGISTERIAL DISTRICT: CAVE SPRING P-247 Paul Diagle 4566 Girard Drive DESCRIPTION: REPLACE EXISTING INADEQUATE STORM SEWER IN CONJUNCTION WITH VDOT IMPROVEMENTS ESTIMATED COST: $15,000 TAX MAP # 77.17-2-11 MAGISTERIAL DISTRICT: CAVE SPRING P-248 Kenneth Paitsel 2639 Stanford Drive DESCRIPTION: CONSTRUCT ADEQUATE CHANNEL ESTIMATED COST: $6,000 TAX MAP # 44.04-3-5 MAGISTERIAL DISTRICT: CATAWBA P-248 R. W. Minter 2659 Standford Drive DESCRIPTION: CONSTRUCT ADEQUATE CHANNEL ESTIMATED COST: $12,000 TAX MAP # 44.04-3-8 MAGISTERIAL DISTRICT: CATAWBA PRJECI E STATUSa° P-252 Anne Wealti 1311 Deer Run Drive DESCRIPTION: CONSTRUCT ADEQUATE CHANNEL ESTIMATED COST: $10,000 TAX MAP # 61.04-2-53 MAGISTERIAL DISTRICT: VINTON P-253 Linda D. Stover Barker 4435 Wyndale Avenue DESCRIPTION: CONSTRUCT ADEQUATE CHANNEL AND STORM SEWER SYSTEM IN CONJUNCTION WITH VDOT IMPROVEMENTS ESTIMATED COST: $10,000 TAX MAP # 76.68-6-44 MAGISTERIAL DISTRICT: WINDSOR HILLS P-254 Francis Brookman 2719 Beaver Brook Drive DESCRIPTION: STABILIZE EXISTING CHANNEL ESTIMATED COST: $5,000 TAX MAP # 44.04-4.11 MAGISTERIAL DISTRICT: CATAWBA P-255 Dennis Guthrie 4962 Bower Road DESCRIPTION: CONSTRUCT ADEQUATE CHANNEL ESTIMATED COST: $4,500 TAX MAP # 76.07-3-25 MAGISTERIAL DISTRICT: WINDSOR HILLS PROJECT NAME STATUS ?—I P-260 Lynn Johnson 4490 Brentwood Court DESCRIPTION: STABILIZE EXISTING CHANNEL ESTIMATED COST: $5,000 TAX MAP # 86.08-7-24 MAGISTERIAL DISTRICT: WINDSOR HILLS P-261 Tim Kennedy 5546 Ambassador Drive DESCRIPTION: STABILIZE EXISTING CHANNEL ESTIMATED COST: $10,000 TAX MAP # 36.20-4-32 MAGISTERIAL DISTRICT: CATAWBA Richard Taylor 5554 Ambassador Drive DESCRIPTION: STABILIZE EXISTING CHANNEL ESTIMATED COST: $10,000 TAX MAP # 36.20-4-32 MAGISTERIAL DISTRICT: CATAWBA P-262 Jason Beach 1446 Lori Drive DESCRIPTION: CONSTRUCT STABILE CHANNEL ESTIMATED COST: $18,000 TAX MAP # 79.03-2-28 MAGISTERIAL DISTRICT: VINTON PROJECT NAME STATUS » P-267 Ms. Romanus 4206 Kings Chase Drive DESCRIPTION: STABILIZE EXISTING CHANNEL ESTIMATED COST: $5,000 TAX MAP #97.08-02-02 MAGISTERIAL DISTRICT: CAVE SPRING P-268 Paul Shumaker 1541 Mountain Heights DESCRIPTION: CONSTRUCT ADEQUATE CHANNEL ESTIMATED COST: $3,500 TAX MAP # 35.04-01-17 MAGISTERIAL DISTRICT: CATAWBA P-269 Richard Rader 3582 Colony Lane DESCRIPTION: STABILIZE CHANNEL ESTIMATED COST: $2,000 TAX MAP # 77.19-02-19 MAGISTERIAL DISTRICT: CAVE SPRING ROANOKE COUNTY DRAINAGE MAINTENANCE PROGRAM FY 98-99 PROJECTS a U a Dennis Lane Rt 111 x Q Uti BERNICE DORAN 1290 DENNIS LN. PROPOSED IMPROVEMENTS 35-04-2-67 P-238 ROANOKE COUNTY DRAINAGE MAINTENANCE PROGRAM FY 98-99 PROJECTS ELIZABETH UNDERWOOD 143 MISSIMER CT. PROPOSED IMPROVEMENTS 61-19-10-25 P-240 ROANOKE COUNTY DRAINAGE MAINTENANCE PROGRAM FY 98-99 PROJECTS PROPOSED IMPROVEMENTS DEAN THOMPSON 2730 TULIP LN. 61.11-1-47.5 P-242 ROANOKE COUNTY DRAINAGE MAINTENANCE PROGRAM FY 98-99 PROJECTS ROBERT LINDSEY 6744 MALLARD LAKE D R . PROPOSED IMPROVEMENTS 96.03-3-10 P-244 ROANOKE COUNTY DRAINAGE MAINTENANCE PROGRAM FY 98-99 PROJECTS Old Manor Dr. Rt. )927927 Magnolia Rd• Harrison Cr. CD c N Oak Rd - water ° r � o o � 0 70 a rt Cal Stokes Dr. Santee Rd. TODD RANIO 820 HARMON RD. PROPOSED IMPROVEMENTS 38.08-5-6 P-246 ROANOKE COUNTY DRAINAGE MAINTENANCE PROGRAM FY 98-99 PROJECTS BARBARA HANSEL 1 4514 HAMMOND LN. PROPOSED IMPROVEMENTS 77.17-2-20 & 21 P-247 ROANOKE COUNTY DRAINAGE MAINTENANCE PROGRAM FY 98-99 PROJECTS PROPOSED IMPROVEMENTS KENNETH PAITSEL 2639 STANFORD DR. 44.04-3-5 P-248 ROANOKE COUNTY DRAINAGE MAINTENANCE PROGRAM FY 98-99 PROJECTS R.D. L'E'ERS 7519 MILK -A -WAY DR. PROPOSED IMPROVEMENTS 27.10-8-1 P-250 ROANOKE COUNTY DRAINAGE MAINTENANCE PROGRAM FY 98-99 PROJECTS PROPOSED IMPROVEMENTS MS. ANNE WAELTI 1311 DEER RUN DR. 61.04-2-53 P-252 L Emmett Lane Private Road ROANOKE COUNTY DRAINAGE MAINTENANCE PROGRAM FY 98-99 PROJECTS a �Rt6�41� ane D,uXbur9 Z, l - FRANCIS BROOKMAN 2719 BEAVER BROOK RD. PROPOSED IMPROVEMENTS 44.04-4-11 P-254 ROANOKE COUNTY DRAINAGE MAINTENANCE PROGRAM FY 98-99 PROJECTS PROPOSED IMPROVEMENTS MRS. HOWARD 5701 PINE ACRES LN. 86.16-2-29 P-256 ROANOKE COUNTY DRAINAGE MAINTENANCE PROGRAM FY 98-99 PROJECTS PROPOSED IMPROVEMENTS NORMAN RONK 3317 GARNER LN. 36.08-1-1 P-258 ROANOKE COUNTY DRAINAGE MAINTENANCE PROGRAM• FY 98-99 PROJECTS LYNN JOHNSON 4490 BRENT-WOOD CT. PROPOSED IMPROVEMENTS 86-08-7-24 P-260 ROANOKE COUNTY DRAINAGE MAINTENANCE PROGRAM FY 98-99 PROJECTS PROPOSED IMPROVEMENTS RICHARD TAYLOR 5554 AMBASSADOR DR. 36.20-4-31 P-261 ROANOKE COUNTY DRAINAGE MAINTENANCE PROGRAM FY 98-99 PROJECTS�'° MICHAEL WHITESIDE 6116 STEEPLECHASE DR. PROPOSED IMPROVEMENTS 86.01-2-36 & 37 P-263 ROANOKE COUNTY DRAINAGE MAINTENANCE PROGRAM FY 98-99 PROJECTS PROPOSED IMPROVEMENTS JAMES MONEYHUN 3007 TREE TOP LN. 87.09-2-40 P-265 ROANOKE COUNTY DRAINAGE MAINTENANCE PROGRAM FY 98-99 PROJECTS MS. ROMANUS 4208 KINGS'S CHASE DR. PROPOSED IMPROVEMENTS 97.08-2-2 P-267 moi' j ROANOKE COUNTY DRAINAGE MAINTENANCE PROGRAM FY 98-99 PROJECTS RICHARD RADER 3582 COLONY LN. PROPOSED IMPROVEMENTS 77.19-2-19 P-269 .r ROANOKE COUNTY DRAINAGE MAINTENANCE PROGRAM FY 98-99 PROJECTS SARA COLE & KATHRYN DAVIS 1529 DALMATION DR. PROPOSED IMPROVEMENTS 36.03-1-30 P-271 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JULY 28, 1998 ORDINANCE 072898-10 AUTHORIZING THE VACATION OF A PORTION OF AN EXISTING 20 -FOOT DRAINAGE EASEMENT RECORDED ON PLAT FOR BOTETOURT SOUTH, SECTION 5, PLAT BOOK 18, PAGE 91, AND LOCATED ON LOT 1, BLOCK 2, SECTION 1, ORCHARD PARK, PLAT BOOK 19, PAGE 29, HOLLINS MAGISTERIAL DISTRICT WHEREAS, by subdivision plat entitled 'Plat Showing "THE ORCHARDS" Section No. 5 "BOTETOURT SOUTH",' dated May 19, 1995, and recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Plat Book 18, page 91, a 20 -foot (20') drainage easement was shown and created across the remaining property of F & W Community Development Corporation; and, WHEREAS, a portion of said remaining property, over which the drainage easement is shown, has been subdivided and is designated as Lot 1, Block 2, Section 1, Orchard Park, as shown on plat entitled 'Plat Showing Section No. 1 "ORCHARD PARK',' dated September 3, 1996, and recorded in the aforesaid Clerk's Office in Plat Book 19, page 29, and further designated on the Roanoke County Land Records as Tax Map No. 40.05-5-1, Hollins Magisterial District; and WHEREAS, F & W Community Development Corporation is the current owner of Lot 1, Block 2, Section 1, Orchard Park; and WHEREAS, the drainage plan for Orchard Park Subdivision has been altered from its original design and drainage facilities are no longer required in this location; and WHEREAS, §15.2-2272.2 of the 1950 Code of Virginia, as amended, requires that such action be accomplished by the adoption of an ordinance by the governing body; and, WHEREAS, notice has been given as required by §15.2-2204 of the 1950 Code of Virginia, as amended, and first reading of this ordinance was held on July 14, 1998; and the public hearing and second reading of this ordinance was held on July 28, 1998. THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That a portion of a 20' drainage easement across property owned by F & W Community Development Corporation, shown cross -hatched and designated as "PORTION OF EXIST. 20' DRAINAGE EASEMENT TO BE VACATED" upon a plat entitled 'Request to Vacate 20 Foot Drainage Easement Recorded in Plat Book 18, Page 91, Botetourt South -Section 5' and prepared by the Roanoke County Department of Community Development, a copy of which is attached hereto as Exhibit A, be, and hereby is, vacated; and, 2. That the County Administrator, or an Assistant County Administrator, is hereby authorized to execute such documents and take such actions as may be necessary to accomplish this vacation and acquisition, all of which shall be on form approved by the County Attorney. 3. That this ordinance shall be effective on and from the date of its adoption, and a certified copy of this ordinance shall be recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in accordance with Section 15.2-2272.2 of the Code of Virginia (1950, as amended). On motion of Supervisor Johnson to adopt the ordinance, and carried by the following recorded vote: 2 AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None A COPY TESTE: Brenda J. Holton, CMC Deputy Clerk to the Board of Supervisors cc: File Arnold Covey, Director, Community Development John W. Birckhead, Director, Real Estate Assessment Paul M. Mahoney, County Attorney c 6XUT1NG 20' \ WATER L1NE EASEME �. R • 19 Pyr. 29 s \ \ F C� .Z \ I m Q a_ \ ��lOR9 � A 8 645 51'08"E 8 G 5 36'?4`49"c` 44; 8B' REQUEST TO VACATE 20 FOOT DRAINAGE EASEMENT Recorded in Plat Book I8, Page 91 Botetourt South - Section 5 Located on Lot 1, Block 2 (Tax Parcel: 40.05-5-1) In Orchard Park - Section 1 Recorded in Plat Book 19, Page 29 ROANOKE COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT F & W 6OMMUN1rY OFVEGOPMENr `60RPORATION 0,x.962 PG,651(904.60) lb f TAX"�0.05.5-! A) Lar t 1 f A vie LINE ON6Y 54811*4136a p, 5, Iq PG, 34) LOT 2 pRGNAR� PA-t�,rG -- ��I (P -IN VA2lEs� �� REQUEST TO VACATE 20 FOOT DRAINAGE EASEMENT Recorded in Plat Book 18, Page 91 Botetourt South - Section 5 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, JULY 28, 1998 ORDINANCE 072898-11 TO CHANGE THE ZONING CLASSIFICATION OF A .709 -ACRE TRACT OF REAL ESTATE LOCATED ON ROUTE 460 BETWEEN TRAIL DRIVE AND WEST RURITAN ROAD (PORTION OF TAX MAP NOS. 50.05-1-19 AND 50.05-1-20) IN THE HOLLINS MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF C-1 TO THE ZONING CLASSIFICATION OF C-2 WITH CONDITIONS UPON THE APPLICATION OF CICERO HALL, JR. WHEREAS, the first reading of this ordinance was held on June 23, 1998, and the second reading and public hearing were held July 28, 1998; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on July 7, 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 .709 acre, as described herein, and located on Route 460 between Trail Drive and West Ruritan Road, (Portion of Tax Map Numbers 50.05-1-19 and 50.05-1-20) in the Hollins Magisterial District, is hereby changed from the zoning classification of C-1, Office District, to the zoning classification of C-2, General Commercial District. 2. That this action is taken upon the application of Cicero Hall, Jr. 3. That the owner of the property has voluntarily proffered in writing the following conditions which the Board of Supervisors of Roanoke County, Virginia, hereby accepts: 1 1) Use of the property will be limited to: a) Personal Services b) All uses permitted in the C1 zoning district. 2) The proposed parking area shown on the preliminary layout will be developed, and cross easements will be established, to allow the future connection of the parking area to the adjacent site designated "New Parcel C-1" on the Preliminary Subdivision Plat prepared for ACW Management Corporation, dated June 16, 1998. 3) The architecture, design and materials of the proposed building wil substantially conform to the photograph entitled "Exhibit A" submitted for review to the Roanoke County Planning Commission on July 7, 1998. 4. That said real estate is more fully described as follows: BEGINNING at Corner #1, said point located on the northerly right-of-way of Trail Drive, said point also being the easterly property line of property of Robert A. and Patricia C. Hope; thence leaving Trail Drive and with Hope, N 75 deg. 08'25" W 135.65 feet to Corner #2, said point being the southwesterly corner of remaining property of Cicero H. Hall, Jr. and Doris B. Hall; thence leaving Hope and with Hall, N 28 deg. 03' 25" W 30.91 feet to Corner #3, said point being the northwesterly corner of New Parcel C-1; thence leaving remaining property of Hall and with the southerly boundary of New Parcel C-1, N 50 deg. 26'25" E 278.51 feet to Corner #4, said point being the southeasterly corner of New Parcel C-1, said point also located on the northerly right-of-way of U.S. Route 460; thence leaving Parcel C-1 and with the northerly right-of-way of Route 460 for the following 3 courses; thence with a curve to the left which said curve is defined by a delta angle of 0 deg. 25' 22", a radius of 2,704.79 feet, an arc of 19.95 feet, a chord of 19.95 feet and bearing S 37 deg. 58' 01" E to Corner #5; thence S 70 deg. 35" W 10.68 feet to Corner #6; thence S 40 deg. 26'25" E 72.18 feet to Corner #7; thence with a curve to the right, which said curve is defined by a delta angle of 87 deg. 52' 00", a radius of 30.00, an arc of 46. 01, a chord of 41.63 and being S 03 deg. 29' 35" W to Corner #8, said point located on northerly right-of-way of Trail Drive; thence leaving U. S. Route 460 and with Trail Drive for the following 2 courses; S 47 deg. 35' 35" W 119.74 feet to Comer #9; thence with a curve to the left, which curve is defined by a delta angle of 29 deg. 20' 00", a radius of 100.00, an arc of 51.20, a chord of 50.64 and bearing S 32 deg. 45' 35" W to Corner #1, the place of Beginning and containing RFA 30,870 square feet (.709 acre). 5. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed to amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. On motion of Supervisor Johnson to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None A COPY TESTE: Al'iez.11 Q. 4Qt� Brenda J. 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