HomeMy WebLinkAbout10/27/1998 - Adopted Board RecordsAT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, OCTOBER 27, 1998
RESOLUTION 102798-1 TO APPROPRIATE REFUND FROM THE
VIRGINIA PUBLIC SCHOOL AUTHORITY ON REFUNDING OF SERIES
1994B VPSA BOND ISSUE
WHEREAS, THE BOARD OF SUPERVISORS (THE "BOARD") OF ROANOKE
COUNTY, VIRGINIA (THE "COUNTY") AUTHORIZE THE EXECUTION AND DELIVERY
OF A CONTINUING DISCLOSURE AGREEMENT, USE OF PROCEEDS CERTIFICATE
AND ANY OTHER NECESSARY OR USEFUL TAX LAW DOCUMENTS IN CONNECTION
WITH THE DISTRIBUTION BY THE VIRGINIA PUBLIC SCHOOL AUTHORITY OF THE
NET SAVINGS REALIZED BY THE VIRGINIA PUBLIC SCHOOL AUTHORITY THROUGH
THE ISSUANCE BY THE VIRGINIA PUBLIC SCHOOL AUTHORITY OF ITS SCHOOL
FINANCING AND REFUNDING BONDS (1997 RESOLUTION) SERIES 1998 A, CERTAIN
OF THE PROCEEDS OF WHICH REFUNDED COUNTY OF ROANOKE, GENERAL
OBLIGATION SCHOOL BOND, SERIES 1994 A; AND AUTHORIZING ANY OTHER
ACTIONS NECESSARY TO ACHIEVE THE OBJECTIVES CONTEMPLATED HEREBY
WHEREAS, the Virginia Public School Authority (the "Authority") pursuant a
resolution duly adopted on June 26, 1991, as amended, supplemented and restated (the
111991 Resolution") issued, amongst other series, two certain series of bonds designated
as "Virginia Public School Authority School Financing Bonds (1991 Resolution) Series
1992" and "Virginia Public School Authority School Financing Bonds (1991 Resolution)
Series 1994 B" (the 111991 Resolution Bonds") for the purpose of purchasing general
obligation school bonds of certain cities and counties within the Commonwealth of Virginia;
WHEREAS, the Authority used a portion of the proceeds of the 1991 Resolution
Bonds to purchase certain duly authorized and issued general obligation school bonds of
the County of Roanoke, Virginia designated County of Roanoke, General Obligation
School Bond, Series 1994 A ("Local School Bonds");
WHEREAS, the Authority refunded certain of the 1991 Resolution bonds (the
"Refunded Bonds") from a portion of the proceeds of its Virginia Public School Authority
School Financing and Refunding Bonds (1997 Resolution) Series 1998 A (the "Refunding
Bonds") issued pursuant to a resolution duly adopted by the Authority on October 23, 1997
(the "1997 Resolution");
WHEREAS, the Authority anticipates delivering to the County of Roanoke, its
allocable share of the savings realized from the refunding of the Refunded Bonds;
WHEREAS, the Authority in effecting the refunding has pledged the Local
School Bonds for the benefit of the holders of Bonds issued under its 1997 Resolution;
WHEREAS, the Authority is required to assist the underwriters (the
"Underwriters") of the Refunding Bonds with their duty to comply with Securities and
Exchange Commission Rule 15c2-12 (the "Rule");
WHEREAS, the Authority has requested the County of Roanoke, Virginia to
execute a Continuing Disclosure Agreement in order for the Authority to assist the
Underwriters in complying with the Rule, and;
WHEREAS, the Authority has requested the County of Roanoke, Virginia to
execute a Use of Proceeds Certificate and any other instruments necessary or useful to
evidence compliance with the requirements for maintaining the tax-exempt status of the
Virginia Public School Authority's bonds;
WHEREAS, the Board of Supervisors of the County of Roanoke, Virginia
considers it to be advisable for the County to fulfill the request of the Authority to execute
a Continuing Disclosure Agreement, Use of Proceeds Certificate and other instruments
necessary or useful to comply with requirements for maintaining said tax exempt status;
NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF SUPERVISORS
OF THE COUNTY OF ROANOKE, VIRGINIA:
Continuing Disclosure Agreement.
The County Administrator and such officers as he may designate are hereby
authorized to enter into a Continuing Disclosure Agreement in the form presented at this
meeting as Exhibit A hereto, containing such covenants as may be necessary in order for
compliance with the provisions of the Rule.
2. Documentation Required for Tax Law Purposes.
The officers of the County of Roanoke Virginia are hereby authorized and
directed to execute a Use of Proceeds Certificate and any other instruments, including an
8038-G form, (collectively, the "Tax Documents") necessary and useful for evidencing
compliance with the requirements for maintaining the tax-exempt status of the Virginia
Public School Authority's bonds.
3. Further Actions.
The members of the Board and all other officers, employees and agents of the
County are hereby authorized to take such action as they or any one of them may consider
2
necessary or desirable in connection with the execution and delivery of the Continuing
Disclosure Agreement and the Tax Documents and any such action previously taken is
hereby ratified and confirmed.
4. Effective Date.
This resolution shall take effect immediately.
On motion of Supervisor Harrison to adopt the resolution, and carried by the
following recorded vote:
AYES: Supervisors McNamara, Minnix, Harrison, Nickens
NAYS: None
ABSENT: Supervisor Johnson
A COPY TESTE:
Brenda J. Ho on, CMC
Deputy Clerk to the Board of Supervisors
cc: File
Diane D. Hyatt, Director, Finance
Paul M. Mahoney, County Attorney
3
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, OCTOBER 27, 1998
RESOLUTION 102798-2 EXPRESSING SUPPORT FOR PROJECT
IMPACT AND AGREEMENT TO COMMIT STAFF AND RESOURCES TO
THE PROJECT
WHEREAS, millions of dollars are spent every year by the Federal Emergency
Management Agency on disaster relief and clean-up; and
WHEREAS, the Roanoke Valley has experienced several natural disasters over the
past fifteen years, including flooding, hurricanes and severe winter storms; and
WHEREAS, FEMA has created Project Impact to assist communities across the
United States in becoming disaster resistant, thereby identifying and preventing potential
damage, saving money, lives and property; and
WHEREAS, the Roanoke Valley has been chosen as the first Project Impact
community in the Commonwealth of Virginia, which will allow the Valley to obtain federal
funding to serve as a catalyst for working with other governmental entities and the private
sector to create a disaster -resistant community; and
WHEREAS, the grant available from FEMA requires a match from the local
governments, which can be met through staff time and donations from private sources.
NOW, THEREFORE, BE IT RESOLVED, that the Roanoke County Board of
Supervisors does hereby extend its support for Project Impact, and agrees to commit staff
time and resources to making the project a success in the Roanoke Valley and to meet the
match required to obtain the funding from the Federal Emergency Management Agency.
On motion of Supervisor Minnix to adopt the resolution, and carried by the following
1
recorded vote:
AYES: Supervisors McNamara, Minnix, Harrison, Nickens
NAYS: None
ABSENT: Supervisor Johnson
A COPY TESTE:
Brenda J. Holto , CMC
Deputy Clerk to the Board of Supervisors
cc: File
Annie Marie Green, Director, Community Relations
Helen Smythers, Fifth Planning District Commission
2
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTERON TUESDAY, OCTOBER 27, 1998
ORDINANCE 102798-3 AUTHORIZING QUIT -CLAIM AND RELEASE OF
WATER AND SANITARY SEWER EASEMENT WITHIN THE CUL-DE-SAC
OF OTTER PARK COURT AND LOCATED BETWEEN LOT 8, BLOCK 2,
SECTION 3, AND TRACT A-1, BLOCK 2, SECTION 3, OF THE GROVES
IN THE CAVE SPRING MAGISTERIAL DISTRICT
WHEREAS, in order for Otter Park Court to be accepted into the state secondary
road system, the Virginia Department of Transportation (VDOT) requires that the right-of-
way be free and clear of any third party rights or encumbrances; and,
WHEREAS, VDOT has requested quit -claim and release of an existing water and
sanitary sewer easement, twenty feet (20') in width, within the cul-de-sac of Otter Park
Court and located between Lot 8, Block 2, Section 3, and Tract A-1, Block 2, Section 3, of
the Groves, being a portion of the easement acquired by deed recorded in Deed Book
1412, page 364, and shown on plat recorded in Plat Book 15, page 150, to the
Commonwealth of Virginia, subject to certain conditions; and,
WHEREAS, it will serve the interests of the public to have Otter Park Court
accepted into the state secondary road system and the release, subject to the issuance
of a permit and other conditions, will not interfere with other public services and is
acceptable to the Roanoke County Utility Department.
THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County,
Virginia, as follows:
1. That pursuant to the provisions of Section 18.04 of the Roanoke County
Charter, the acquisition and disposition of real estate can be authorized only by ordinance.
1
A first reading of this ordinance was held on October 13, 1998; and a second reading was
held on October 27, 1998.
2. That pursuant to the provisions of Section 16.01 of the Charter of Roanoke
County, the interests in real estate to be released are hereby made available for other
public uses by conveyance to the Commonwealth of Virginia for acceptance of Otter Park
Court into the state secondary road system by the Virginia Department of Transportation
(VDOT).
3. That quit -claim and release of the water and sanitary sewer easement within
the cul-de-sac of Otter Park Court and located between Lot 8, Block 2, Section 3 and Tract
A-1, Block 2, Section 3 of the Groves, to the Commonwealth of Virginia, is hereby
authorized subject to the following conditions:
a. VDOT issuance of a permit for the water and sanitary sewer lines or
facilities.
b. The facilities located within the 50 -foot right-of-way, between Lot 8,
Block 2, Section 3, and Tract A-1, Block 2, Section 3, of the Groves, may
continue to occupy the street or highway in the existing condition and
location.
C. The release would be for so long as the subject section of Otter Park
Court is used as part of the public street or highway system.
4. That the subject easement is not vacated hereby and shall revert to the
County in the event of abandonment of the street or highway.
5. That the County Administrator or an Assistant County Administrator is hereby
authorized to execute such documents and take such further actions as may be necessary
to accomplish this conveyance, all of which shall be on form approved by the County
Attorney.
2
6. That this ordinance shall be effective on and from the date of its adoption.
On motion of Supervisor Minnix to adopt the ordinance, and carried by the following
recorded vote:
AYES: Supervisors McNamara, Minnix, Harrison, Nickens
NAYS: None
ABSENT: Supervisor Johnson
A COPY TESTE:
lw'6r-�O- avot�
Brenda J. Hol on, CMC
Deputy Clerk to the Board of Supervisors
cc: File
Gary Robertson, Director, Utility
Arnold Covey, Director, Community Development
Vickie L. Huffman, Assistant County Attorney
3
F
7
5 S.F.
. E 7vH
ORT
a.E 3S -
C, ®� C' a �f — �S.S.f. c -
JS 5 C -t C -t9 68 "
9.45, 57
\
S0624, 5 . SC' R/W 12 D IRN S
C_ 1L11' C-�
JO `Cf � 38
C') 546'24'55" N 3
C-2_
14
} 22,269
09 495, PC
N1�
c+ �
Ul /
a
'`�-- 20' MATER AND SANITARY SEWER
EASEMENT TO BE QUITCLAIMED
NATURAL WA
ts'
PUCE 20' S:S.E.
D.B. 1495, PG.
V
PROPOSED WATER AND SANITARY SEWER EASEMENT
TO BE QUITCLAIMED SHOWN IN GRAY
DESCRIPTION:
A 20 foot water and sanitary sewer easement (P.B. 15, PG. 150 &
D.B. 1412, PG. 364) within the cul-de-sac of Otter Park Court and
located between Lot 8, Block 2, Section 3 and Tract A-1, Block 2,
Section 3 of The Groves.
ROANOKE COUNTY 20' WATER AND SANITARY SEWER EASEMENT
.DEpARTM.ENT OF i TO BE QUITCLAIMED
COMMUNrTY LEVE- OPMENfi THE GROVES, SECTION 3
cf 7 d
A-102798-4
ACTION NO.
ITEM NUMBER 4— 7
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: October 27, 1998
AGENDA ITEM: Appointments to the Virginia's First Regional Industrial Facility
Authority and acceptance of original Certificate
COUNTY ADMINISTRATOR'S COMMENTS:
BACKGROUND:
On July 14, 1998, the Board of Supervisors adopted an ordinance authorizing membership
in the Virginia's First Regional Industrial Facility Authority. The Board of the Authority will
include two representatives appointed by each member locality. The initial term of office
shall begin on the date of the creation of the Authority. Each member shall also be
required to take an oath of office.
SUMMARY OF INFORMATION:
The Authority held its first meeting on October 21, 1998 and Economic Development
Director Tim Gubala attended on behalf of Roanoke County. Tim would be an excellent
representative from Roanoke County and would make a valuable contribution. The
revised bylaws require that the other representative must be a member of the governing
body. Additionally, the revised bylaws state that each member locality may also appoint
two alternates.
The Authority has also requested that the original certificate from the Secretary of the
Commonwealth which provides for the creation of the Authority be included in the official
records of each governing body. Therefore, the Board of Supervisors should accept the
attached certificate and it will be included in the agenda packet for this meeting and noted
in the minutes. The certificate is attached.
STAFF RECOMMENDATION:
The Board of Supervisors should appoint two individuals to represent Roanoke County on
Virginia's First Regional Industrial Facility Authority. I would like to recommend that
h-7
Economic Development Director Tim Gubala fill one of these vacancies. The other
representative must be a member of the Board of Supervisors. The Board may also
appoint two alternates if you wish. Further, it is recommended that the Board accept the
Certificate creating the Authority.
Respectfully Submitted by:
6!�I� A��
Elmer C. Hodge
County Administrator
------------------------------------------------------------------------------------------------------------------
ACTION VOTE
No Yes Absent
Approved (x) Motion by: Har[y C. Nickens to nominate Johnson _ _ x
Denied () Timothy W Gubala and Bob L. Johnson Harrison _ x _
Received () to represent Roanoke County with Joyce McNamara_ x _
Referred () Waugh and Fenton F. Harrison appointed Minnix _ x _
To () as alternates Nickens _ x
cc: File
Virginia's First Regional Industrial Facility Authority File
James S. Gilmore, III
Governor
COMMONWEALTH ®f VIRGINIA
Office of the Governor
4-7
Anne P. Petera
Secretary of the Commonwealth
I, Anne P. Petera, Secretary of the Commonwealth of Virginia, and
as such, keeper of the Great and Lesser Seals, do hereby certify that the
Ordinance adopted by the counties of Bland, Giles, Pulaski, Wythe, Craig,
Montgomery and Roanoke, the Cities of Roanoke, Radford and Salem, and
the Towns of Christiansburg, Narrows, Pulaski, Dublin and Pearisburg,
Virginia pursuant to § 15.2-6402 of the Code Of Virginia, 1950, as
amended, creating Virginia's First Regional Industrial Facility Authority
was duly filed in this office on September 24, 1998, and do certify further
that upon the basis of the facts set forth therein, the said Ordinance satisfies
the requirements of the aforesaid Act.
Given under my hand and under the Lesser
Seal of the Commonwealth, at Richmond,
this seventh day of October, in the year of
our Lord one thousand nine hundred and
ninety-eight and in the 223rd year of the
Commonwealth.
Secretary of the Commonwealth
P.O. Box 2454 • Richmond, Virginia 23218-2454 • (804) 786-2441 • TDD (804) 371.8599 • www.soc.state.va.us
Cross references. — For constitutional pro- § 49-5. Officer of snot:
vision as to oath, see Va. Const., Art. II, § 7. thentication. —An affida,,
or country authorized by it:
§ 49-2. Form of oath for out-of-state commissioners. — Where a duly authenticated if it be
- person residing in another state is appointed a commissioner by the Governor, it a certificate of the clerk o
he shall only be required to take and subscribe the following oath or or country, under an official
affirmation: the first mentioned officer a
"I, .......... swear (or affirm) that I will faithfully perform the duties of when such affidavit is ma(
commissioner to the best of my ability. So help me God." (Code 1919, § 272.) country the same shall be d
subscribed by such notary w
§ 49-3. Who may administer oaths to officers. — The oaths to be taken to by any clerk or other offi�
by a person elected a member of either house of the General Assembly shall be
administered by the clerk or presiding officer of the houses, respectively, or a Authentication may be pro -
notary. Those to be taken by any judge of any court of record elected by the affidavit made and filed for the
General Assembly shall be administered in a court of record, or by any judge, securing a lien under § 43-24, whit
or by any officer authorized by law to administer an oath. Those to be taken by in another state, but lacks the auth(
any person elected or appointed an officer of either house of the General the magistrate's signature, requi:
Assembly shall be administered by the person and in the manner prescribed by section, is not a nullity. The claimar
14
t
§ 49-1 CODE OF VIRGINIA § 49-3
§ 49-4 OA^
Title 49.
the rules of such house. T'_
Oaths, Affirmations and Bonds.
to any other office or post
directed by law, be admini
Chap. 1. Oaths and Affirmations, §§ 49-1 through 49-11.
by a Commissioner or cicSecretary of the Commons -
2. Bonds Taken by Courts and Officers, §§ 49-12 through 49-21.
position in another state
3. Relief of Sureties, §§ 49-22 through 49-29.
;
sioner or other person res:
•
C. 228; 1986, c. 255; 1988.
CHAPTER 1.
Editor's note. — Acts 1992,
OATHS AND AFFIRMATIONS.
and 2, which amended this se,
provide: "That any oath taken be
clerk prior to the effective date o..
Sec. Sec.
49-1. Form of general oath required of offic- 49-6. Oath or affidavit required of purchaser
ers.
§ 49-4. Magistrates a:
of fuel, etc.
49-2. Form of oath for out-of-state commis- 49-7. Affidavits for corporations, partner-
and take affidavits. —A
sioners. ships, and other entities.
such nature that it mus
49-3. Who may administer oaths to officers. 49-8. Where fact of oaths having been taken is
magistrate, a notary, a com
49-4. Magistrates and other officers who may recorded.
the Governor, a judge or c
administer oaths and take affida- 49-9. When affirmation may be made,
vits.
clerk or deputy clerk of
49-10. Use of Bible in administration of oaths.
49-5. Officer of another state or country may
governing bodies of local ,
g
take affidavit; authentication. 49-11. Failure to take oath.
1n a cause therein pendiai
before the surveyor directe
§ 49-1. Form of general oath required of officers. — Every person
1932, p. 339; 1968, C. 639;
before entering upon the discharge of any function as an officer of this
Commonwealth shall take and subscribe the following oath: "I do solemnly
when notary authorized to
swear (or affirm) that I will support the Constitution of the United States, and
�t —This section, when res
the Constitution of the Commonwealth of Virginia, and that I will faithfully
strued, only authorises the notal
and impartially discharge all the duties incumbent upon me as ..........
affidavit when it is required by ;
taken before a justice. There does
according to the best of my ability, (so help me God)."
be any statutory authority for a
Any person reappointed to any office filled by gubernatorial appointment for
loss under a policy of automobile
a subsequent term to begin immediately upon expiration of an existing term
be taken either before a justice
shall not be required to renew the oath set out in this section; however, the
Commonwealth v. Simon, 11 Va.
original oath taken shall continue in effect with respect to the subsequent
349 (1925).
term. (Const., § 34; Code 1919, § 269; 1936, p. 49; 1971, Ex. Sess., c. 16; 1980,
The authority of the notary to a
c. 320; 1988, c. 255.)
oath is purely statutory. In the
Cross references. — For constitutional pro- § 49-5. Officer of snot:
vision as to oath, see Va. Const., Art. II, § 7. thentication. —An affida,,
or country authorized by it:
§ 49-2. Form of oath for out-of-state commissioners. — Where a duly authenticated if it be
- person residing in another state is appointed a commissioner by the Governor, it a certificate of the clerk o
he shall only be required to take and subscribe the following oath or or country, under an official
affirmation: the first mentioned officer a
"I, .......... swear (or affirm) that I will faithfully perform the duties of when such affidavit is ma(
commissioner to the best of my ability. So help me God." (Code 1919, § 272.) country the same shall be d
subscribed by such notary w
§ 49-3. Who may administer oaths to officers. — The oaths to be taken to by any clerk or other offi�
by a person elected a member of either house of the General Assembly shall be
administered by the clerk or presiding officer of the houses, respectively, or a Authentication may be pro -
notary. Those to be taken by any judge of any court of record elected by the affidavit made and filed for the
General Assembly shall be administered in a court of record, or by any judge, securing a lien under § 43-24, whit
or by any officer authorized by law to administer an oath. Those to be taken by in another state, but lacks the auth(
any person elected or appointed an officer of either house of the General the magistrate's signature, requi:
Assembly shall be administered by the person and in the manner prescribed by section, is not a nullity. The claimar
14
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, OCTOBER 27, 1998
RESOLUTION 102798-5 APPROVING AND CONCURRING IN
CERTAIN ITEMS SET FORTH ON THE BOARD OF
SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS
ITEM I -CONSENT AGENDA
BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as
follows:
1. That the certain section of the agenda of the Board of Supervisors for
October 13, 1998 designated as Item I - Consent Agenda be, and hereby is, approved
and concurred in as to each item separately set forth in said section designated Items 1
through 6, inclusive, as follows:
Approval of minutes for September 8, 1998, September 22, 1998, and
October 7, 1998.
2. Request for endorsement of Supervisor Harry C. Nickens to serve as
Region Nine representative on the Virginia Association of Counties Board
of Directors.
3. Resolution requesting acceptance of Belmont Court and a portion of
Derby Drive into the Virginia Department of Transportation Secondary
Road System.
4. Acceptance of water and sanitary sewer facilities serving Winterberry
Point, Section 2.
5. Acceptance of off-site sanitary sewer facilities serving Winnbrook, Section
1.
2. That the Clerk to the Board is hereby authorized and directed where required
by law to set forth upon any of said items the separate vote tabulation for any such item
pursuant to this resolution.
On motion of Supervisor Minnix to adopt the Consent Resolution, and carried by
the following recorded vote:
AYES: Supervisors McNamara, Minnix, Harrison, Nickens
NAYS: None
ABSENT: Supervisor Johnson
A COPY TESTE:
Brenda J. Holt n, CMC
Deputy Clerk to the Board of Supervisors
cc: File
Arnold Covey, Director, Community Development
Gary Robertson, Director, Utility
2
A-102798-5 . a
ACTION NO.
ITEM NUMBER = --Z
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: October 17, 1998
AGENDA ITEM: Request for Endorsement of Supervisor Harry C. Nickens to
serve as Region Nine Representative on the Virginia
Association of Counties Board of Directors
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
Zane Jones, a member of the Craig County Board of Supervisors, has capably represented
Region Nine on the VACo Board of Directors for several years. He has now decided to
step down, and several people associated with VACo have encouraged Roanoke County
to support an individual for the Board. This was discussed at the last Board meeting and
Supervisor Harry Nickens has offered to serve in this capacity. He is currently serving on
the VACo Finance Committee. Roanoke County officials have held elected office with
VACo for many years, most recently when former Board member and current Clerk of
Circuit Court Steve McGraw served as president of the organization in 1991.
Attached is a letter from Supervisor Nickens outlining his experience in local government,
the community and professionally. He is requesting endorsement from each of the
governing bodies in Region Nine. If elected, he will represent Bedford County, Botetourt
County, Craig County, Giles County and Roanoke County. It has been several years since
a member of the Roanoke County Board of Supervisors has served in a leadership
capacity with VACo, and Supervisor Nickens election as a member of the Board would
provide us with a strong voice in VACo.
STAFF RECOMMENDATION:
It is recommended that the Board of Supervisors endorse Supervisor Harry Nickens to
serve as the Region Nine representative on the VACo Board of Directors.
Respectfully Submitted by
Elmer C. Hodge
County Administrator
------------------------------------------------------------------------------------------------------------------
ACTION VOTE
No Yes Absent
Approved (x) Motion by: H. Odell Minnix to approve Johnson _ _ x
Denied () Harrison _ x
Received () McNamara_ x
Referred () Minnix _ x
To () Nickens _ x
cc: File
Virginia Association of Counties File
�uA
� Z
.ate
1838
COUNTY ADMINISTRATOR
ELMER C. HODGE
(540) 772-2004
C�oixrt#ij of Ywanake
P.O. BOX 29800
5204 BERNARD DRIVE
ROANOKE, VIRGINIA 24018-0798
FAX (540) 772-2193
October 22, 1998
The Honorable Bob L. Johnson, Chairman
Roanoke County Board of Supervisors
P. O. Box 29800
Roanoke, Virginia 24018
Dear Chairman Johnson:
s -a
BOARD OF SUPERVISORS
BOB L. JOHNSON, CHAIRMAN
HOLLINS MAGISTERIAL DISTRICT
HARRY C. NICKENS, VICE-CHAIRMAN
VINTON MAGISTERIAL DISTRICT
FENTON F. "SPIKE" HARRISON, JR.
CATAWBA MAGISTERIAL DISTRICT
JOSEPH MCNAMARA
WINDSOR HILLS MAGISTERIAL DISTRICT
H. ODELL "FUZZY" MINNIX
CAVE SPRING MAGISTERIAL DISTRICT
(540) 772-2005
I would like to offer my name in nomination to serve as the Region Nine
representative on the Virginia Association of Counties Board. I am currently serving on
the VACo Finance Committee.
I have served on the Roanoke County Board of Supervisors since 1982. 1 am
currently the Vice Chairman of the Board and previously served terms as Chairman and
Vice Chairman. Prior to service on the Board of Supervisors I was a member of the
Roanoke County School Board. I was also appointed by the Board to serve on the
Social Services Board, and am the former Chairman of the Roanoke County Resource
Authority.
My community activities include service on the Board of Directors of Virginia
Cares, the Adult Care Center, the American Heart Association, Virginia Amateur
Sports, and the Virginia Recreational Facilities Authority. I am also a member of the
Kiwanis Club of Roanoke and have served as their President. Professionally, I am the
President of the College of Health Sciences in Roanoke, and prior to 1989, held
several positions at Virginia Western Community College.
I hope that you will support my nomination and ask that your governing body
consider endorsing me as the new representative for Region Nine. As your
representative I will be available to you and will devote the necessary attention to
incumbent duties to represent District Nine.
Sincerely,
t'tC.Xickens, Vice Chairman
Roanoke County Board of Supervisors
Internet E-MailIntemet E -Mail
ehodge(gwww.co.roanoke.va.us ® Recycled Paper bos@www.co.roanoke.va.us
THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, IN REGULAR
MEETING ON THE 27TH DAY OF OCTOBER 1998, ADOPTED THE FOLLOWING:
RESOLUTION 102798-S.b REQUESTING ACCEPTANCE OF BELMONT COURT
AND A PORTION OF DERBY DRIVE INTO THE VIRGINIA DEPARTMENT OF
TRANSPORTATION SECONDARY SYSTEM
WHEREAS, the streets described on the attached Additions Form SR -5(a), fully
incorporated herein by reference, are shown on plats recorded in the Clerk's Office of the
Circuit Court of Roanoke County, and
WHEREAS, the Resident Engineer for the Virginia Department of Transportation
has advised this Board the streets meet the requirements established by the Subdivision
Street Requirements of the Virginia Department of Transportation, and
NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia
Department of Transportation to add the streets described on the attached Additions Form
SR -5(A) to the secondary system of state highways, pursuant to §33.1-229, Code of
Virginia, and the Department's Subdivision Street Requirements, and
BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted right-
of-way, as described, and any necessary easements for cuts, fills and drainage, and
BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded
to the Resident engineer for the Virginia Department of Transportation.
Recorded Vote
Moved By: Supervisor Minnix
Seconded By: None Required
Yeas: Supervisors McNamara, Minnix, Harrison. and Nickens
Nays: None
Absent: Supervisor Johnson
A Copy Teste:
&21,10
Brenda J. Ho on, CMC
Deputy Clerk to the Board of Supervisors
cc: File
Arnold Covey, Director, Engineering & Inspections
Virginia Department of Transportation
L . �7a.S?• 9 / / 2R-0rA. I / IJ, ) / \\ / / an
h
L01 G h '�'s°•sS. ter „ l -^.dcE o- w��e • S�Nrr
d> ^e LOT' / / 4 °OZ J,• / / IS pCS,J�Nl 3f.F/r r
3•SY ^• �_ `. �i < LOT w;'� `0i V , , p..,
i L�
L0Z W II
� � ` .s �a7e•zr I .`, r r "\ a azzo ..a •n g/�
u0.22 9•
• Ir.oe' w' IIS °�. >°.� @p 4$ ti/ ^ c _ -127
t
��y`�• I t�'� e �C�k 7 �. ' a .LOT t L
1.n 5" °at r&. E<A1p)y
N� n s� � - r Cpl � _iNNI
��e.as•� o:
7
1-01
33
i y� llr
J.H6 .w \P,�A` 0.39) 4.9.E °�•• � '.� _`_ 6].!9' ji
9 8 ,�`• ). .`�_ .rJ `_r.
0.322 hC. LOT
LOT 13 m3
''',°• Jz,1,� ,
_ / 0.313 Ac. m .; °Ry
�
/ e
^ A>SYrk°
°p.0°. F�W000 GWN S 0.169 h0'
'��nj � � /
J�Ja. •'',yu
•
JfN[°p°k�rN�°�4iil
'a 1.5. F Ei$fi
VI �-.. I�'r� i�6g/ A �
..
3'9
JI
°°� �bai•�Y I 12 % 1^
/kFW
... SCNF J6Nl]e4 / 5 E M0�0
(1)
rl
ART .�NEw vIA1>BE 9 .
�' �4FNi
(2)
� - - % A. 5 Wt1AM1� EE^�iElAEht
(3)
50 FEET
ROADWAY WIDTH:
N9E cTRtyFEE1
PROPOSED ADDITION SHOWN IN GRAY
z3
_NOP TH
TRIPLE CROWN ESTATES,
SECTION 1, (DES: 1)
I
LOT a
I e�xh 2
,/ino'93• E
Io 29].59'
LOS 1
gLcc(. z
9 sac w.
S 1921 t!' \Y
K
OT 2 29<
' I.L_ ..
TRIPLE CROWN ESTATES,
r SECTION 2, (DES: 2,3)
ChRM�.
� O
� ' 0.EtAhw�N"r PROPEP t'f
DESCRIPTION:
1) Derby Drive, from the intersection of Prealrness Court to a point 146' southeast.
2) Derby Drive, from the intersection of Belmont Court to a point 65' northwest.
3) Belmont Court, from the intersection with Derby Drive to its cul-de-sac.
LENGTH:
(1)
0.03 MILES
(2)
0.01 MILES
(3)
0.10 MTES
RIGHT OF WAY:
(1)
50 FEET
(2)
50 FEET
(3)
50 FEET
ROADWAY WIDTH:
(1)
32
2) 38
38
SERVICE:
(1)
HOMES
HOME
(3)
HOMES
ACCEPTANCE OF BELMONT COURT AND A PORTION OF
ROANOKE COUNT' DRB ORA INTO THE ON SECONDARY VIRGINIA
DEPARTMENT OF
R
DEPARTMENT OF
COMMUNITY DEVELOPMENT TRIPLE CROI ESTATES, SECTION 1
TRIPLE CROWN ESTATES, SECTION 2
50, 05
^.w ',ger �\
/fvi 590 �' �b9r�n
-
�_
e 79430 _--_-
SO
0 9 7EOIU1`.d�
MN0.E G,µCET
PROPOSED ADDITION SHOWN IN GRAY
TRIPLE CROWN ESTATES,
SECTION 1, (DES: 1)
' LOT
IBLoct 2
x 12'1003' C
29 .59'
0 O}p PG.
` SHOCK 5
29- 93
LO `I .:1
_ TRIPLE CROWN ESTATES,
t SECTION 2, (DES: 2,3)
j,. GEAS n••..
1
f/,^/ 0.EFIA9nH0 FpOpEP'Y i
i/ O O HNtD�RS
DESCRIPTION:
1) Derby Drive, from the intersection of Preakness Court to a point 146' southeast.
2) Derby Drive, from the intersection of Belmont Court to a point 65' northwest.
3) Belmont Court, from the intersection with Derby Drive to its cul-de-sac.
LENGTH:
(1)
0.03 MILES
(2)
0.01 MILES
(3)
0.10 MILES
RIGHT OF WAY:
(1)
50 FEET
(2)
50 FEET
(3)
50 FEET
ROADWAY WIDTH:
(1)
38 FEET
(2)
38 FEET
(3)
38 FEET
SERVICE:
(1)
2 HOMES
(2)
1 HOME
(3)
8 HOMES
ACCEPTANCE OF BELMONT COURT AND A PORTION OF
ROANOEE COUNTY DERBY DRIVE INTO THE VIRGINIA DEPARTMENT OF
DEPARTMENT OFTRANSPORTATION SECONDARY SYSTEM
CO3fMUNITY DEVELOPMENT TRIPLE CROWW ESTATES, SECTION 1
TRIPLE CROWN ESTATES, SECTION 2
5✓- 05
G
i
s
:rl-3
�
0
0
m
N
2
�d
V
n
3
F
cY'i
O
U
aa
a
a
a
a
a
CL
a
y
a
a
CL
a
U]
i
`r'
z
�
z
'
H
'w
w
zE-4
O
O
r
H
U]
H
1
U
a
I
W
<
cn
�7
N
w
b
U)
z
z
O
O
D
O
E4
d
b
2S
b
b
S
S
S
2
S
F
F
F
W
A
fq
F�
d
Lti+
2
W
A
c
� 2
.
i
s
:rl-3
O
C
m
E
L
U
N
Z-3
a
< U
g
2
v
n
3 �-
�
O
O
Ln
Lr)
M
M
N
N
m
m
o
m
ai
m
m
s
d
a
i
a
aa
a
>
U
o
c
2
_rn
Q
c
�
Ha'
0O
O
H
Z
rn
E
Ln
c
U
\
U
<
W
\
O
cWn
Ln
cn
b
E4
H
m
H
a
m
m
o
m
m
c
cn
c
m
a
m
o
m
T
x
a
b
x
El
E -4E
H~
m
�
i
t
D
E
a
t
O
O
d
C
�
O
O
Q
O
Q
LtF-.
CL
Lt
H
tL
H
�
lL
?-
1
ll,
}-
a
LL
H
W
m
a
3
Cl
m
I
H
U
L
o
E
x
a
W
W
�
Q
�
�
n
f
N
m
2
0
Z-3
a
A -102798-5.c
ACTION #
ITEM NUMBER `fi
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: October 27,1998
SUBJECT: Acceptance of Water and Sanitary Sewer Facilities Serving Winterberry
Point, Section 2
COUNTY ADMINISTRATOR'S COMMENTS:
t
SUMMARY OF INFORMATION:
The Developers of Winterberry Point, Section 2, Boone, Boone & Loeb, Inc., have requested that
Roanoke County accept the Deed conveying the water and sanitary sewer facilities serving the
Winterberry Point, Section 2 subdivision along with all necessary easements.
The water and sewer facilities are installed, as shown on plans prepared by Lumsden Associates,
P.C. entitled Winterberry Point, Section 2, which are on file in the Community Development
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 $7,000.00and $13,500.00 respectively.
RECOMMENDATION:
Staff recommends that the Board of Supervisors accept the water and sanitary sewer facilities
serving the Winterberry Point, Section 2 subdivision along with all necessary easements, and
authorize the County Administrator to execute a Deed for the transfer of these facilities.
SUBMITTED BY:
J
Gary Roberts
Utility Directo
APPROVED:
6L A��
Elmer C. Hodge
County Administrator
---------------------------------------
ACTION
VOTE
No Yes Absent
Approved (x) Motion by: H Odell Minnix to approve Johnson — _ x
Denied () Harrison — x —
Received () McNamara_ x
Referred () Minnix — x —
To () Nickens — x
cc: File
Gary Robertson, Director, Utility
Arnold Covey, Director, Community Development
z-4
C(DPY
THIS CHATTEL DEED, made this �3 day of J 4 519 97 ,
by and between: Boone Boone & Loeb, Inc. , a —Virginia corporation, hereinafter referred to
as the "Developer," party of the first part; and the BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, its successors or assigns, hereinafter referred to as the "Board," party of the
second part.
:WITNESSETH:
THAT FOR AND IN CONSIDERATION of the mutual benefits accruing to the parties, the
receipt and sufficiency of which is hereby acknowledged, the Developer does hereby GRANT,
CONVEY, ASSIGN AND TRANSFER, with the covenants of GENERAL WARRANTY OF
TITLE, in fee simple unto the Board all water and/or sewer lines, valves, fittings, laterals,
connections, storage facilities, sources of water supply, pumps, manholes and any and all other
equipment and appurtenances thereunto belonging, in and to the water and/or sewer systems in the
streets, avenues, public utility, easement areas, water and sewer easement areas that have been or
may hereafter be installed by the Developer, along with the right to perpetually use and occupy the
easements in which the same may be located, all of which is more particularly shown, described and
designated as follows, to wit:
Page 1 of 4
As shown on the plan entitled Winterberry Pointe, Section 2 , made by --
Lumsden Associates, P.C. and on file in the Office of the Clerk of Circuit Court
of Roanoke County in Plat Book 19 at Page 54 .
The Developer does hereby covenant and warrant that it will be responsible for the proper
installation and construction of the said water and/or sewer systems including repair of surface areas
affected by settlement of utility trenches for a period of one (1) year after date of acceptance by the
Board and will perform any necessary repairs at its cost.
Elmer C. Hodge, County Administrator of Roanoke County, Virginia, hereby joins in the
execution of this instrument to signify the acceptance of this conveyance pursuant to Resolution No.
adopted by the Board of Supervisors of Roanoke County, Virginia, on the
day of '19
Page 2 of 4
Developer:
By:
As:
WITNESS THE FOLLOWING signatures and seals:
State of-
County/City of: wit:
The foregoing instrument was acknowledged before me this:
1>3 , day of 19 9 Z_,
By: Its
ly authorized officer Title
on behalf of Boone Boone & Loeb Inc.
Notary Public
My Commission expires: ,i6ZO - /9 9 �/
Page 3 of 4
Approved as to form: Board of Supervisors of
Roanoke County, Virginia
BY:
County Attorney Elmer C. Hodge
County Administrator
State of: Virginia
County/City of: Roanoke , to wit:
The foregoing instrument was acknowledged before me this:
(SEAL)
, 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
NORTH
-----------------
ROANOKE COUNTY ACCEPTANCE OF WATER AND SEWER FACILITIES
UTILITY SERVING WINTERBERRY POINT, SECTION 2.
DEPARTMENT
: 1
a
7'�. /6
A-102798-5. d
ACTION #
ITEM NUMBER
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: October 27, 1998
SUBJECT: Acceptance of Off -Site Sanitary Sewer Facilities Serving Winnbrook,
Section 1
COUNTY ADMINISTRATOR'S COMMENTS: A"�N'"_
SUMMARY OF INFORMATION:
The Developers of Winnbrook, Section 1, BMW Development, LLC, have requested that
Roanoke County accept the Deed conveying the off-site sewer facilities serving the subdivision
along with all necessary easements.
The off-site sewer facilities are installed, as shown on plans prepared by Balzer and Associates
entitled Winnbrook, Section 1, which are on file in the Community Development Department.
The off-site sanitary sewer facility construction meets the specifications and the plans approved
by the County.
FISCAL IMPACT:
The value of the off-site sanitary sewer construction is $ 37,500.00.
RECOMMENDATION:
Staff recommends that the Board of Supervisors accept the off-site sanitary sewer facilities
serving the Winnbrook, Section 1 subdivision along with all necessary easements, and authorize
the County Administrator to execute a Deed for the transfer of these facilities.
SUBMITTED BY:
(Vk
Gary Robe on, P.E.
Utility Director
APPROVED:
Elmer C. Hodge
County Administrator
---- -------------------------------------------------------------------------------------------------------------
ACTION VOTE
No Yes Absent
Approved (x) Motion by: H Odell Minnix to approve Johnson _ — x
Denied () Harrison _ x
Received () McNamara_ x
Referred () Minnix _ x
To () Nickens _ x _
cc: File
Gary Robertson, Director, Utility
Arnold Covey, Director, Community Development
THIS CHATTEL DEED, made this 21 st day of September , 19 98 , by and
between: BMW Development. LLC , 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
--'1:--5
As shown on the plan entitled Winnbrook. Section 1 , made by Balzer & 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
WITNESS THE FOLLOWING signatures and seals:
Developer: BMW Developme
By; -
Mr. L. S. Waldrop
As: Managing Partner
State of: Virginia
County/City of'. Roanoke , to wit:
The foregoing instrument was ackn wledged before me this:
day of 19
By: Mr. L S Waldrop Its Managing Partner
Duly authorized officer Title
on behalf of BMW Development LLC
ZO
Notary Public V
My Commission expires: i
Page 3 of 4
Approved as to form:
County Attorney
_:r-5
Board of Supervisors of
Roanoke County, Virginia
By: (SEAL)
Elmer C. Hodge
County Administrator
State of: Virizinia
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
A�
NORTH
._r.�..: .._nr.. ,.�...: �..... ,.m ....uou.�.w...._..._�..r.�..r ...r v
__ ......ro..r_.r..... ...r CIRCLE
..+........,...�r......�r .Y..... ,�„_+r.. r.4r w.....� �... �r.....,.r.....,..n...w.�. ^.:.J i is .:,N�
mp
EMIL
r_r. .n nr_ruur. ruu �...u.u.r rw..ri ,.oiJ ` w. xa�v..0 i•/ /' � /.�. / _•I gC `'
PAVEMENT REPLACEMENT DETAIL
C
ROANOKE COUNTY
UTILITY
DEPARTMENT
WINNBROOK
OFFSITE SANITARY
SEWER EXTENSION
ROANOKE COUNTY, VIRGINIA
ACCEPTANCE OF OFF-SITE SEWER FACILITIES
SERVING WINNBROOK.
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
ON OCTOBER 27, 1998
RESOLUTION 102798-6 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 Minnix to adopt the Certification Resolution, and carried
by the following recorded vote:
AYES: Supervisors McNamara, Minnix, Harrison, Nickens
NAYS: None
ABSENT: Supervisor Johnson
A COPY TESTE:
AAZ� 0. 9IL4,-
Brenda J. Holto , CMC
Deputy Clerk to the Board of Supervisors
cc: File
Executive Session
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
ON TUESDAY, OCTOBER 27, 1998
ORDINANCE 102798-7 VACATING A 6 -FOOT PORTION OF A 60 -FOOT
UNIMPROVED RIGHT-OF-WAY KNOWN AS THOMAS DRIVE, CREATED
ON MAP OF SECTION NO. 3, CAMPBELL HILLS, PLAT BOOK 9, PAGE
179, AND FURTHER SHOWN ON RESUBDIVISION PLAT FOR THOMAS,
LTD., PLAT BOOK 19, PAGE 176, IN THE CATAWBA MAGISTERIAL
DISTRICT
WHEREAS, by subdivision plat entitled "MAP OF SECTION NO. 3, CAMPBELL
HILLS" dated May 28, 1980, and recorded in the Clerk's Office of the Circuit Court of
Roanoke County, Virginia, in Plat Book 9, page 179, the owner dedicated a 60 -foot right-
of-way known as Thomas Drive; and,
WHEREAS, Thomas Drive is further shown on plat entitled "RESUBDIVISION FOR
THOMAS, LTD.", recorded in the aforesaid Clerk's Office in Plat Book 19, page 176; and,
WHEREAS, the subject portion of Thomas Drive, along the southern property line
of Lot 18-A (P.B. 19, pg. 176), formerly Lot 18 (P.B. 9, pg. 179), Section 3, Campbell
Hills, is currently an unimproved right-of-way; and,
WHEREAS, the Petitioner, Thomas, Ltd., is the developer of Campbell Hills
subdivision and is the current owner of Lot 18-A and the remainder tract of land on the
opposite side of Thomas Drive, designated on the Roanoke County Land Records as Tax
Map No. 63.03-01-04; and,
WHEREAS, as a result of a 5.2' encroachment of the house constructed on Lot 18-
A into the 30 -foot building setback line, the Petitioner has requested that a portion of
Thomas Drive, 6 feet in width and extending along the southern property line of Lot 18-A,
be vacated pursuant to §15.2-2272.2 of the Code of Virginia (1950, as amended); and,
WHEREAS, in exchange, the Petitioner has agreed to dedicate additional right-of-
way on the opposite side of Thomas Drive to maintain the right-of-way at the same width;
and,
WHEREAS, this vacation, subject to the conditions herein, will not involve any cost
to the County and the affected County departments have raised no objection; and,
WHEREAS, notice has been given as required by §15.2-2204 of the Code of
Virginia (1950, as amended), and the first reading of this ordinance was held on October
13, 1998; the public hearing and second reading of this ordinance was held on October
27, 1998.
NOW THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That a portion of Thomas Drive, 6' in width and extending along the southern
boundary of Lot 18-A, being designated and shown as "0.040 ACRE BOUNDED BY CORNERS
3, 8, 9, 110, 6, 5, 4 TO 3 INCLUSIVE BEING VACATED BY COUNTY OF ROANOKE" on Exhibit A attached
hereto, said right-of-way having been dedicated on the subdivision plat entitled "Map of
Section No. 3, Campbell Hills" dated May 28, 1980, and recorded in the aforesaid Clerk's
Office in Plat Book 9, page 179, and being further shown on plat entitled "Resubdivision
For Thomas, Ltd.", recorded in the aforesaid Clerk's Office in Plat Book 19, page 176, in
the Catawba Magisterial District of the County of Roanoke, Virginia, be, and hereby is,
vacated pursuant to Section 15.2-2272 of the Code of Virginia (1950, as amended),
subject to the following conditions:
2
a. That the section of Thomas Drive which is located within the area designated
as'55 ft. radius temporary turnaround' shall be excepted from this vacation
and shall continue to constitute a portion of the temporary turnaround until
such time as Thomas Drive may be extended and the temporary turnaround
may be vacated.
b. That additional right-of-way, 6 feet in width, on the opposite side of Thomas
Drive, being designated and shown as "0.065± ACRE BOUNDED BY CORNERS
11 THRU 17 TO 11 INCLUSIVE BEING DEDICATED TO COUNTY OF ROANOKE BY
THOMAS, LTD." on Exhibit A attached hereto, be dedicated by subdivision plat
as part of Thomas Drive.
C. That the vacated portion of Thomas Drive is hereby reserved and retained
as a public utility easement for a total easement width of 21' when added to
the existing 15' public utility easement along Thomas Drive on Lot 18-A.
d. That fee simple title to the vacated portion of Thomas Drive shall vest in the
owner of the abutting property (Lot 18-A) as provided in §15.2-2274 of the
Code of Virginia (1950, as amended), subject to the above-described public
utility easement and subject to the condition that the vacated area of land
shall be added and combined, by deed or by plat, to said abutting property,
in compliance with the Roanoke County Subdivision and Zoning Ordinances,
and other applicable laws and regulations.
e. That all costs and expenses associated herewith, including but not limited
to publication, survey and recordation costs, shall be the responsibility of the
Petitioner; and,
2. That the County Administrator, an Assistant County Administrator, or any
County Subdivision Agent is hereby authorized to execute such documents and take such
actions as may be necessary to accomplish the provisions of this ordinance, 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 §15.2-2272.2 of the Code of Virginia
(1950, as amended).
3
On motion of Supervisor Harrison to adopt the ordinance, and carried by the
following recorded vote:
AYES: Supervisors McNamara, Minnix, Harrison, Nickens
NAYS: None
ABSENT: Supervisor Johnson
A COPY TESTE:
&"A42 0, A"il�
Brenda J. Holt n, CMC
Deputy Clerk to the Board of Supervisors
cc: File
Arnold Covey, Director, Community Development
Terry Harrington, County Planner
John W. Birckhead, Director, Real Estate Assessment
Paul M. Mahoney, County Attorney
112
NORTH
0.065± ACRE 77 6 3
BOUNDED BY CORNERS
11 THRU 17 TO / Sq TpT F
11 INCLUSIVE / ;:11 00' AC �
BEING DEDICATED TO
COUNTY OF ROANOKE
BY THOMAS, LTD.
�,
55 FT. RADIUS : � ; •ry l 86' '
TEMPORARY
TURNAROUND �' : `� � / 0.040 ACRE
e / /BOUNDED BY CORNERS
hry �� : % 3, 8, 9, 10, 6, 5, 4 Z
, TO 3 INCLUSIVE co
try ;i /� BEING VACATED BY -I
COUNTY OF ROANOKE + c
ry 2 0
cn
1 LOi 18-A �^
60 ? 1.760 ACRE
PROPERTY OF�* 00•
�\ ;�' 6� � �,• HOUSE ENCROACHES
THOMAS, LTD $�� a' 00• : a 5.2' INTO MBL
4X # 63.03-01-04 12 O rah/
1.8. 1569, PG. 697 i fit,
16 ::
e
eo�rsd a
v O aarrh a
J,
;'co QQ
Qj
oco
;� 14
15
eana ---
cpran C177
,y
• e:
'G
O 171.36' S0170 3-4'•E O
SUTHERLAND CIRCLE
50' WIDE
VA. SEC. RTE. _#1192
ROANOKE COUNTY VACATION OF 6—FOOT PORTION OF A 60—FOOT UNIMPROVED
DEPARTMENT OF RIGHT—OF—WAY REFERRED TO AS THOMAS DRIVE, AS
RECORDED IN PLAT BOOK 9, PAGE 179, LOCATED IN
COMMUNITY DEVELOPMENT THE CATAWBA MAGISTERIAL DISTRICT
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, OCTOBER 27, 1998
ORDINANCE 102798-8 ENACTING SECTIONS 10-9.1,10-9.2,10-9.3 and
10-9.4 IN ARTICLE I OF CHAPTER 10 LICENSES OF THE ROANOKE
COUNTY CODE TO INCORPORATE AND CONFORM WITH RECENT
LEGISLATION ENACTED BY THE GENERAL ASSEMBLY REGARDING
LIMITATION ON GROSS RECEIPTS FOR PARI-MUTUEL WAGERING,
REAL ESTATE BROKERS, PROVIDERS OF FUNERAL SERVICES, AND
STAFFING FIRMS FOR BUSINESS, PROFESSIONAL, AND
OCCUPATIONAL LICENSE TAX PURPOSES
WHEREAS, pursuant to the authority of Chapter 37 (Section 58.1-3700, et seq.) of
the Code of Virginia, 1950, as amended, the County of Roanoke, Virginia, imposes a
business, professional, and occupational license (BPOL) tax through the adoption of an
ordinance codified in Chapter 10 of the Roanoke County Code; and,
WHEREAS, the 1998 General Assembly enacted §58.1-3732.3 to limit the gross
receipts of providers of funeral services and §58.1-3732.4 to limit the gross receipts of
staffing firms for BPOL tax purposes; and,
WHEREAS, §58.1-3732.1 related to limitation on gross receipts for pari-mutuel
wagering and §58.1-3732.2 related to limitation on gross receipts for real estate brokers
are similar, previously existing provision of the state code; and,
WHEREAS, the Board of Supervisors deems it appropriate, for informational,
conformity and consistency purposes, to incorporate the cited state code provisions into
Chapter 10 of the Roanoke County Code; and,
WHEREAS, the Board of Supervisors finds that the adoption of these uniform
provisions, by incorporation into the existing ordinance, will serve the public interest and
will benefit the citizens and taxpayers of Roanoke County; and,
WHEREAS, legal notice and advertisement has been published in a newspaper of
general circulation within Roanoke County on October 13, 1998, and October 20, 1998;
and,
WHEREAS, the first reading of this ordinance was held on October 13, 1998, and
the second reading and public hearing was held on October 27, 1998.
NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That Sections 10-9.1, 10-9.2, 10-9.3 and 10-9.4 in Chapter 10, LICENSES
of the Roanoke County Code be enacted as follows:
Chapter 10. LICENSES*
ARTICLE I. IN GENERAL
Sec. 10-9.1. Limitation on "gross receipts" - Pari-mutuel wagering. Gross receipts for
license tax purposes under this chapter and under Chapter 37 (§58.1-3700 et seq.) of the
Code of Virginia shall not include the license and admission taxes established under
§§59.1-392 and 59.1-393 of the Code of Virginia, respectively, nor shall it include pari-
mutuel wagering pools as established under §59.1-392 of the Code of Virginia.
Sec. 10-9.2 Limitation on "gross receipts" - Real estate brokers. Gross receipts of real
estate brokers for license tax purposes under this chapter and under Chapter 37 (§58.1-
3700 et seq.) of the Code of Virginia shall not include amounts received by any broker
which arise from real estate sales transactions to the extent that such amounts are paid
to a real estate agent as a commission on any real estate sales transaction and the agent
is subject to the business license tax on such receipts. The broker claiming the exclusion
shall identify on its license application each agent to whom the excluded receipts have
been paid, and the jurisdiction in the Commonwealth of Virginia to which the agent is
subject to business license taxes.
Sec. 10-9.3 Limitation on "gross receipts" - Providers of funeral services. Gross receipts
of providers of funeral services for license tax purposes under this chapter and under
Chapter 37 (§58.1-3700 et seq.) of the Code of Virginia shall not include amounts
collected by any provider of funeral services on behalf of, and paid to, another person
providing goods or services in connection with a funeral. The exclusion provided by this
section shall apply if the goods or services were contracted for by the provider of funeral
services or his customer. A provider of funeral services claiming the exclusion shall
identify on its license application each person to whom the excluded receipts have been
paid and the amount of the excluded receipts paid by the provider of funeral services to
such person. As used in this section, "provider of funeral services" means any person
engaged in the funeral service profession, operating a funeral service establishment, or
acting as a funeral director or embalmer.
Sec. 10-9.4 Limitation on "gross receipts" - Staffing Firms.
(a) Gross receipts for license tax purposes under this chapter and under Chapter
37 (§58.1-3700 et seq.) shall not include employee benefits paid by a staffing firm to, or
for the benefit of, any contract employee for the period of time that the contract employee
is actually employed for the use of the client company pursuant to the terms of a PEO
services contract or temporary help services contract. The taxable gross receipts of a
staffing firm shall include any administrative fees received by such firm from a client
company, whether on a fee-for-service basis or as a percentage of total receipts from the
client company.
(b) For the purpose of this section:
"Client company" means a person, as defined in §1-13.19, that enters into a contract
with a staffing form by which the staffing firm, for a fee, provides PEO services or
temporary help services.
"Contract employee" means an employee performing services under a PEO services
contract or temporary help services contract.
"Employee benefits" means wages, salaries, payroll taxes, payroll deductions,
workers' compensation costs, benefits, and similar expenses.
"PEO services" or "professional employer organization services" means an
arrangement whereby a staffing firm assumes employer responsibility for payroll, benefits,
and other human resources functions with respect to employees of a client company with
no restrictions or limitations on the duration of employment.
"PEO services contract"means a contract pursuant to which a staffing firm provides
PEO services for a client company.
"Staffing firm" means a person, as defined in §1-13.19, that provides PEO services
or temporary help services.
"Temporary help services" means an arrangement whereby a staffing firm
temporarily assigns employees to support or supplement a client company's workforce.
"Temporary help services contract' means a contract pursuant to which a staffing
firm provides temporary help services for a client company.
2. That the provisions contained in this ordinance shall be in effect on and from
January 1, 1999.
On motion of Supervisor Minnix to adopt the ordinance, and carried by the following
recorded vote:
AYES: Supervisors McNamara, Minnix, Harrison, Nickens
NAYS: None
ABSENT: Supervisor Johnson
A COPY TESTE:
&t4c4& 4, 411VI"
Brenda J. Holton, CMC
Deputy Clerk to the Board of Supervisors
3
cc: File
Vickie L. Huffman, Assistant County Attorney
Circuit Court
Roy B. Willett, Judge
Clifford R. Weckstein, Judge
Diane McQ. Strickland, Judge
Richard C. Pattisall, Judge
Robert P. Doherty, Jr., Judge
Jonathan M. Apgar, Judge
Steven A. McGraw, Clerk
Juvenile Domestic Relations District Court
Joseph M. Clarke, II, Judge
Philip Trompeter, Judge
John B. Ferguson, Judge
Joseph P. Bounds, Judge
Ruth P. Bates, Clerk
Intake Counsellor
General District Court
George W. Harris, Judge
William Broadhurst, Judge
Vincent Lilley, Judge
Julian H. Raney, Judge
Jacqueline F. Ward Talevi, Judge
Theresa A. Childress, Clerk
Skip Burkart, Commonwealth Attorney
Paul M. Mahoney, County Attorney
Magistrates Sherri Krantz/Betty Perry
Main Library
Ray Lavinder, Police Chief
Richard Burch, Chief of Fire & Rescue
Roanoke Law Library, 315 Church Avenue, S.W., Rke 24016
Roanoke County Law Library, Singleton Osterhoudt
Roanoke County Code Book
Gerald S. Holt, Sheriff
John M. Chambliss, Jr., Assistant County Administrator
Don C. Myers, Assistant County Administrator
Diane D. Hyatt, Director, Finance
O. Arnold Covey, Director, Community Development
Gary Robertson, Director, Utility
Terrance L. Harrington, County Planner
Michael Lazzuri, Court Services
William J. Rand, III, Director, General Services
Thomas S. Haislip, Director, Parks & Recreation
Elaine Carver, Director, Procurement
John W. Birckhead, Director, Real Estate Assessment
Alfred C. Anderson, Treasurer
R. Wayne Compton, Commissioner of Revenue
4
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, OCTOBER 27, 1998
ORDINANCE 102798-9 GRANTING A SPECIAL USE PERMIT TO UNITED
STATES CELLULAR TO CONSTRUCT A 100 FOOT CELLULAR
MONOPOLE TOWER AND SUPPORT BUILDING ON CATAWBA VALLEY
DRIVE. 0.75 MILE WEST OF OAKEY-DOLON ROAD (TAX MAP NO. 8.04-
1-42), CATAWBA MAGISTERIAL DISTRICT
WHEREAS, United States Cellular has filed a petition to construct a 100 foot
cellular monopole tower and support building located on Catawba Valley Drive, 0.75 mile
west of Oakey-Dolon Road (Tax Map No. 8.04-1-42) in the Catawba Magisterial District;
and
WHEREAS, the Planning Commission held a public hearing on this matter on
October 6, 1998; and
WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first
reading on this matter on September 22, 1998; the second reading and public hearing on
this matter was held on October 27, 1998.
NOW, THEREFORE BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That the Board finds that the granting of a special use permit to United States
Cellular to construct a 100 foot cellular monopole tower and support building located on
Catawba Valley Drive, 0.75 mile west of Oakey-Dolon Road (Tax Map No. 8.04-1-42) in
the Catawba Magisterial District is substantially in accord with the adopted 1985 Compre-
hensive Plan pursuant to the provisions of § 15.2-2232 of the 1950 Code of Virginia, as
amended, and said Special Use Permit is hereby approved with the following conditions:
1) The height of the tower structure, including any antenna attached to the
1
structure, shall be no more than 87' or 20' above the surrounding trees,
whichever is higher. Only a monopole broadcasting tower design with 7'
whip antennas shall be permitted.
2) The final site development plan shall generally conform with the "Concept
Plan of Mason Cove Cellular Site" prepared by Engineering Concepts, Inc.
in July of 1998.
3) No grading or clearing shall be done outside of the 100'X 100' leased lot
except for what is necessary for the 12' access road at a 20% grade.
4) The tower structure, antenna, and all attached support hardware shall be a
brown flat matted color so as to better blend into the landscape and reduce
visibility and light reflection. In addition any other accessory structures and
fencing shall be of a material and color that blends into the landscape,
reducing visibility and light reflection.
5) No lighting shall be installed on the tower structure or equipment building
except for security lighting not to exceed a height of 25 feet in height, except
as may be required by the FAA or other governmental or regulatory agency.
6) The tower shall be structurally designed to carry sufficient loading, and the
site shall have the potential to accommodate the additional equipment
necessary for at least one other vendors/providers of communications
services, in order to minimize the proliferation of towers in the vicinity of this
site. In addition, by executing the special use permit requested, the
applicant agrees to make the tower available for lease within the structural
'ra
I _ '0,
capacity of the tower and at reasonable costs adequate to recover the
capital, operating and maintenance costs of the tower location required for
the additional capacity.
7) If the use of the tower structure for wireless communications is discontinued,
the tower structure shall be dismantled and removed from the site within 30
days of notice by the County and the special use permit shall become void.
2. That this ordinance shall be in full force and effect thirty (30) days after its
final passage. All ordinances or parts of ordinances in conflict with the provisions of this
ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed
to amend the zoning district map to reflect the change in zoning classification authorized
by this ordinance.
On motion of Supervisor Harrison to adopt the ordinance, and carried by the
following recorded vote:
AYES: Supervisors McNamara, Minnix, Harrison, Nickens
NAYS: None
ABSENT: Supervisor Johnson
A COPY TESTE:
Brenda J. Hol n, CMC
Deputy Clerk to the Board of Supervisors
cc: File
Arnold Covey, Director, Community Development
Terry Harrington, County Planner
John W. Birckhead, Director, Real Estate Assessment
Paul M. Mahoney, County Attorney
3
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, OCTOBER 27, 1998
ORDINANCE 102798-10 GRANTING A SPECIAL USE PERMIT TO DAVID
& LUCY DOWNS TO OPERATE A BED AND BREAKFAST FROM AN
EXISTING HOME AT 5209 CATAWBA VALLEY DRIVE (TAX MAP NO.
7.00-2-4.17), CATAWBA MAGISTERIAL DISTRICT
WHEREAS, David and Lucy Downs have filed a petition to operate a bed and
breakfast from an existing home located at 5209 Catawba Valley Drive (Tax Map No. 7.00-
2-4.17) in the Catawba Magisterial District; and
WHEREAS, the Planning Commission held a public hearing on this matter on
October 6, 1998; and
WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first
reading on this matter on September 22, 1998; the second reading and public hearing on
this matter was held on October 27, 1998.
NOW, THEREFORE BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That the Board finds that the granting of a special use permit to David and
Lucy Downs to operate a bed and breakfast from an existing home located at 5209
Catawba Valley Drive (Tax Map No. 7.00-2-4.17) in the Catawba Magisterial District is
substantially in accord with the adopted 1985 Comprehensive Plan pursuant to the
provisions of § 15.2-2232 of the 1950 Code of Virginia, as amended, and said Special Use
Permit is hereby approved with the following condition:
(1) Signage will be limited to 3'x 4'.
2. That this ordinance shall be in full force and effect thirty (30) days after its
1
final passage. All ordinances or parts of ordinances in conflict with the provisions of this
ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed
to amend the zoning district map to reflect the change in zoning classification authorized
by this ordinance.
On motion of Supervisor Harrison to adopt the ordinance, and carried by the
following recorded vote:
AYES: Supervisors McNamara, Minnix, Harrison, Nickens
NAYS: None
ABSENT: Supervisor Johnson
A COPY TESTE:
Brenda J. Holt n, CMC
Deputy Clerk to the Board of Supervisors
cc: File
Arnold Covey, Director, Community Development
Terry Harrington, County Planner
John W. Birckhead, Director, Real Estate Assessment
Paul M. Mahoney, County Attorney
U.\WPDOCSWGENDA-8\OCT98\DOWNS.SUP 2
ROANOKE COUNTY David and Lucy Dawns
DEPARTMENT OF Special Use Permit
COMMUNITY DEVELOPMENT 7,00-2-4.17
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, OCTOBER 27, 1998
DENIAL OF ORDINANCE 102798-11 GRANTING A SPECIAL USE PERMIT
TO MARK HOUGH TO DEVELOP AND OPERATE A USED AUTOMOBILE
DEALERSHIP LOCATED IN THE 3100 BLOCK OF BRAMBLETON
AVENUE (TAX MAP NO. 77.10-2-5), CAVE SPRING MAGISTERIAL
DISTRICT
WHEREAS, Mark Hough has filed a petition to develop and operate a used
automobile dealership located in the 3100 block of Brambleton Avenue (Tax Map No.
77.10-2-5) in the Cave Spring Magisterial District; and
WHEREAS, the Planning Commission held a public hearing on this matter on
October 6, 1998; and
WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first
reading on this matter on September 22, 1998; and the second reading and public hearing
on this matter was held on October 27, 1998.
NOW, THEREFORE BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
On motion of Supervisor Minnix to DENY the ordinance, and carried by the following
recorded vote:
AYES: Supervisors Minnix, Harrison, Nickens
NAYS: Supervisor McNamara
ABSENT: Supervisor Johnson
A COPY TESTE:
Brenda J. Holton, CMC
Deputy Clerk to the Board of Supervisors
cc: File
Arnold Covey, Director, Community Development
Terry Harrington, County Planner
John W. Birckhead, Director, Real Estate Assessment
Paul M. Mahoney, County Attorney
ROANOKE COUNTY
DEPARTMENT OF
COMMUNITY DEVELOPMENT
Mark Hough
Special Use Permit
77.10-2-5
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, OCTOBER 27, 1998
ORDINANCE 102798-12 AMENDING AND REENACTING SECTIONS 30-
28, 30-29-7, AND 30-87-2 OF THE ROANOKE COUNTY ZONING
ORDINANCE TO ADOPT NEW STANDARDS PERTAINING TO THE
DEVELOPMENT OF BROADCASTING TOWERS WITHIN ROANOKE
COUNTY
WHEREAS, the United States Congress adopted the Telecommunications Act of
1996 which imposed certain requirements on local governments with respect to zoning
regulation of telecommunications facilities; and
WHEREAS, in compliance with the Telecommunications Act of 1996 these
ordinance amendments will provide Roanoke County with an effective basis to review the
future tower applications, and will provide objective standards for the siting of new towers;
and
WHEREAS, the Planning Commission for Roanoke County did hold its public
hearing on this amendment on October 6, 1998, and made a recommendation concerning
approval of the ordinance adopting these amendments to the Board of Supervisors of
Roanoke County, Virginia; and,
WHEREAS, in the interest of public necessity, convenience, general welfare, and
good zoning practice, the Board of Supervisors hereby amends certain provisions
concerning broadcasting towers in the various zoning districts of the County; and
WHEREAS, legal notice and advertisement has been provided as required by law,
and that the first reading of this ordinance was held on September 22, 1998; and the
second reading and public hearing will be held on October 27, 1998.
BE IT ORDAINED, by the Board of Supervisors of Roanoke County, Virginia, that
1
the Zoning Ordinance for Roanoke County, be, and hereby is, amended and reenacted,
as follows:
1. That Sections 30-28, 30-29-7, and 30-87-2 be amended and reenacted as
follows:
Amend Section 30-28 Definitions as follows:
Add the Following Definitions:
Antenna Any exterior apparatus designed for telephonic, radio, or television communications
through the sending and/or receiving of electromagnetic waves. Antenna types include, but are not
limited to; omni -directional "whip" antenna, directional panel antenna, parabolic antenna and other
ancillary antenna designs. An antenna does not include the broadcasting tower or other support
structure to which it is attached.
Stealth Design Any broadcasting tower that is designed so that all of its structural components
including associated antennas are camouflaged, disguised or otherwise hidden for the purpose of
making the tower and antennas unnoticeable to the casual observer, or otherwise unrecognizable
as a broadcasting tower.
Amend Section 30-29-7 Miscellaneous Use Types as follows:
Delete:
tramsm*99'em, breadeasto - . . ig of radio, televisiom, radar, or rnierowayes, amd similar types
Add:
Broadcasting Tower Any structure that is designed and constructed primarily for the purpose of
supporting one or more antennas. The term includes but need not be limited to radio and television
transmission towers, microwave towers, common -carrier towers, and cellular telephone and
wireless communication towers. Broadcasting tower types include, but are not limited to
2
monopoles, lattice towers, wooden poles, and guyed towers. Excluded from this definition are
amateur radio towers, which are described separately.
Amend Section 30-87-2 Broadcasting Tower as follows:
Delete:
4. More tham one tower shall be permitted provided a" setbaek requirernemts have b
'
I�iIli11N'
Yf�IWIW11fIMM�i�IYY'
iW�YW�IiWI
AM
..IWfCMIM:-
4. More tham one tower shall be permitted provided a" setbaek requirernemts have b
��
Add:
30-87-2 Broadcasting Tower
A. Intent.
The intent of these provisions is to regulate the placement of new and replacement
broadcasting towers within Roanoke County. These provisions provide broadcasting tower
applicants, property owners, and all other Roanoke County citizens clear guidance on the official
policies and standards of the County. These policies and standards shall be used by applicants as
a guide when selecting alternative broadcasting tower sites and broadcasting tower designs within
the County. In addition, the County staff, Planning Commission and Board of Supervisors shall use
these policies and standards, the Roanoke County Community Plan and the general Special Use
Permit criteria found in Section 30-19 as a guide for evaluating any future requests for broadcasting
towers.
In the interest of preserving and enhancing the scenic and natural beauty of Roanoke County
it is the goal of the County to achieve a long term reduction in the number of broadcasting towers
within the County, and where possible, to achieve a reduction in the height of existing broadcasting
towers throughout the County, with special emphasis on towers located along or near the ridgetops
of major mountains and land forms. In addition, it is the goal of the County, where possible, to
achieve the relocation of existing broadcasting towers and associated utility and access corridors
which have a high visual impact on scenic resources_ To this end, the County will work cooperatively
with broadcasting tower owners and applicants and land owners to achieve these goals.
It is the official policy of the County to encourage and promote the co -location of antennas
on existing public and private structures within the County. To achieve this end, the County
encourages all wireless communication providers to locate new antennas on existing structures .
Permits for new broadcasting towers should only be requested when no other reasonable alternative
exists for locating needed antennas.
4
When new broadcasting towers are proposed as a last alternative, the requested
broadcasting tower location, height and design should be chosen to protect and enhance the scenic
and natural beauty of Roanoke County. Broadcasting tower locations at elevations lower than
surrounding ridge lines are preferred. The use of stealth designs should be considered for any new
broadcasting tower.
It is the intent of the County to fully comply with all of the applicable provisions of the federal
Telecommunications Act of 1996 and other applicable federal and state laws as said laws address
and preserve Roanoke County's zoning authority and provide to the communication industry the
right and responsibility to provide communication services within their service areas.
B. Applicability:
1. These standards shall apply to all new and replacement broadcasting towers within
Roanoke County with the exception that new and replacement broadcasting towers and associated
antenna not exceeding thirty (30) feet in height and located within any commercial or industrial
zoning district shall be permitted by right provided:
a. The proposed tower is a monopole type design; and,
b. The general area of the proposed tower is currently served by above ground
utilities including electric power and telephone poles; and,
C. All other use and design standards for the construction of the broadcasting
tower and associated facilities are met.
2. No modification to increase the height, size, type or location of any existing
broadcasting tower or associated facilities, excluding antennas, shall be made unless such
modification results in the full compliance of the broadcasting tower and facilities with all of the
requirements of this ordinance.
3. Antennas may be installed on any existing structure within the County, without the
necessity of obtaining a special use permit, provided said antenna does not meet the definition of
a broadcasting tower, does not increase the height of the existing structure more than ten (10) feet,
and does not result in the structure and antenna exceeding the maximum structure height for that
zoning district.
E
4. These provisions shall not apply to any temporary broadcasting tower erected for the
purpose of system design or testing provided the temporary broadcasting tower is erected for a
period not to exceed twenty-one days. In addition, in declared local emergency situations, the
County Administrator shall be authorized to allow the temporary installation of a broadcasting tower
for the duration of the local emergency. A zoning permit pursuant to Section 30-9 of this ordinance
shall be applied for and approved prior to erecting any temporary or emergency tower.
C. Application Requirements:
1. All potential applicants for broadcasting towers shall consult with County planning
staff at least 30 days prior to submitting an application for a proposed broadcasting tower. During
this consultation the applicant shall present information to the staff on system objectives,
proposed coverage areas, and alternative sites considered and rejected. The staff shall provide the
potential applicant information on Roanoke County policies and standards for broadcasting towers,
and shall discuss with the applicant possible alternatives to broadcasting tower construction.
2. In addition to the application requirements contained in Section 30-19-2 of this
ordinance, all applicants for broadcasting towers shall provide the following at the time of application:
a. The location of all other proposed broadcasting tower sites considered and
rejected, and the specific technical, legal or other reasons for the rejection.
b. The location of all other possible co -location sites considered and rejected,
and the specific technical, legal or other reasons for the rejection.
C. Accurate, to scale, photographic simulations showing the relationship of the
proposed broadcasting tower and associated antenna to the surroundings.
Photographic simulations shall also be prepared showing the relationship of
any new or modified road, access or utility corridors constructed or modified
to serve the proposed broadcasting tower site. The number of simulations
and the perspectives from which they are prepared, shall be established with
the staff at the consultation required in Section C.1. above.
d. A computerized terrain analysis showing the visibility of the proposed
broadcasting tower and antenna at the requested height and location. If new
X
or modified road, access or utility corridors are proposed, the terrain analysis
shall also show the visibility of these new or modified features.
e. Information on how the proposed site relates to the applicants existing
communication system, including number of other sites within the Roanoke
Valley, and the location of the antenna at each site
f. All broadcasting tower applicants shall be required, at their expense to
conduct an on-site "balloon" or comparable test prior to the Planning
Commission and Board of Supervisors hearings on the Special Use Permit.
The purpose of this test shall be to demonstrate the potential visual impact
of the proposed tower. The dates and periods of these tests shall be
established with the applicant at the pre -application consultation.
g. Written verification that all required submittals to the FAA as required by
Section 30-87-2 D. 6 of this ordinance have been submitted.
3. The applicant shall be responsible for all fees associated with the filing of the
application including the reasonable cost of any independent analysis deemed necessary by the
County to verify the need for the new broadcasting tower. The Board of Supervisors shall establish
these fees, which shall be discussed with the applicant at the pre -application conference.
D. General Standards:
1. The maximum height of any proposed broadcasting tower and associated antenna
shall be made as a condition of the special use permit, but in no case shall any broadcasting tower
and antenna exceed 199 feet in height. Applicants shall request the lowest broadcasting tower and
antenna height necessary to accomplish their specific communication objectives.
2. The setback for any proposed broadcasting tower shall, at a minimum, conform to
the requirements for principal structures for the proposed zoning district. However, in no case shall
the minimum setback from the base of the broadcasting tower to any residential structure on an
adjoining lot be less than 40 percent of the height of the tower, measured from the closest structural
member of the broadcasting tower (excluding guy lines). Guy lines shall be exempt from the
minimum setback requirements in side and rear yards for the respective zoning district, but shall
comply with the setback requirements for the front yard.
7
3. The minimum setback from any property line abutting a road right-of-way for any other
building or structure associated with a broadcasting tower shall be fifty feet. Such buildings or
structures shall be located a minimum of 25 feet from any other property line.
4. More than one broadcasting tower shall be permitted on a lot provided all applicable
requirements have been met including setback requirements.
5. Broadcasting towers shall not be illuminated with any type of lighting apparatus,
unless such lighting is a requirement of the FAA or FCC. When lighting is proposed to conform to
federal requirement, the County shall contact the federal agency to verify the necessity of lighting,
and to determine the minimal amount and type of lighting necessary to comply with federal
guidelines. Security lighting, or a "down lighting" design may be installed on buildings and structures
associated with a broadcasting tower. In no case shall any lighting violate Section 30-94 of this
ordinance.
6. Any proposed broadcasting tower within two miles from any general or commercial
airport or located at a ground elevation at or above two thousand feet, average mean sea level, shall
be referred to the appropriate regional office of the FAA for review and comment prior to filing an
application for a special use permit.
7. All broadcasting towers shall comply with any additional requirements established in
the Airport Overlay District in Section 30-72 of this ordinance, and the emergency communications
overlay district in Section 30-73.
8. Any broadcasting tower approved shall be structurally designed to carry sufficient
loading, and the site approved shall be sized to accommodate the additional equipment necessary
for at least three other vendors/providers of communications services in order to minimize the
proliferation of new broadcasting towers in the vicinity of the requested site. In addition, by applying
and being granted the special use permit, the applicant and the owner of the land agree to make the
broadcasting tower and tower site available for additional leases within the structural capacity of the
broadcasting tower and at reasonable costs adequate to recover the capital, operating and
maintenance costs of the broadcasting tower location required for the additional capacity.
9. A monopole broadcasting tower design is recommended_ The Board may approve
an alternative broadcasting tower design if it finds that an alternative type of structure has less of
a visual impact on the surrounding community and Roanoke County, and/or based upon accepted
8
technical and engineering data a monopole design is not technically feasible. Cost shall not be a
criteria for determining broadcasting tower design.
10. No broadcasting towers shall be permitted within the critical viewsheds of the Blue
Ridge Parkway or Appalachian Trail as shown on any official map designating these viewsheds and
pre -approved by the Board of Supervisors. In addition, no towers shall be proposed within any other
designated area of local scenic, historical, ecological and cultural importance as designated and
approved by the Board of Supervisors prior to the filing of a tower application.
11. By applying and being granted the special use permit, the applicant and the owner
of the land agree to dismantle and remove the broadcasting tower and associated facilities from the
site within ninety days of the broadcasting tower no longer being use for wireless communications.
Dismantling and removal from the site shall only be required after notice by the County. If antennas
on any approved tower are relocated to a lower elevation, the tower shall be shortened to the height
of the highest antenna. A bond or similar performance guarantee may be required as part of the
special use permit approval. Said guarantee will be in an amount sufficient to ensure removal of
the tower and all associated facilities and the reclamation of the property and road, access and utility
corridors to a condition that existed prior to tower construction.
12. All broadcasting tower structures and associated hardware, antennas, and facilities
shall be a flat matted finish so as to reduce visibility and light reflection unless otherwise required
by the FCC or FAA.
13. No business signs shall be allowed on the property identifying the name of, or
services offered by, any business associated with the broadcasting tower.
E. General Review Policies
All special use permit requests for new broadcasting towers, including the replacement or
modification of existing broadcasting towers shall be reviewed by the staff, Planning Commission
and Board of Supervisors on the basis of the following criteria:
1. The extent to which the broadcasting tower proposal conforms to the general special
use permit criteria in Section 30-19 of this ordinance, and the intent, application requirements, and
general standards for broadcasting towers found in these provisions.
9
2. The demonstrated willingness of the applicant to evaluate co -location opportunities
within the proposed communication service area, and the demonstrated history of the applicant
choosing co -location sites within the Roanoke Valley.
3. The base and top elevation of the proposed broadcasting tower relative to
surrounding natural land forms. Notwithstanding any other provision of this section, broadcasting
tower locations below surrounding ridge lines are preferred.
4. Broadcasting tower locations already served by existing roads and utilities are
preferred due to the potential detrimental environmental and visual impacts resulting from the
construction of new road and utility corridors.
5. Within the needed service area, the availability of other existing structures that are,
based upon independent analysis, of suitable height, design, and location for the needed antenna.
6. The visibility of the broadcasting tower from the surrounding community and
neighborhood compatibility of the tower as determined by the submitted computer simulations,
terrain analysis and balloon or comparable test.
7. The degree to which the proposed tower location, site design and facilities including
fencing, buildings and other ground mounted equipment and new or modified road, access or utility
corridors are located, designed and constructed to be compatible with the neighborhood.
2. That this ordinance shall be effective from and after its adoption.
On motion of Supervisor Minnix to adopt the ordinance, and carried by the following recorded
vote:
AYES:
NAYS:
ABSENT:
Supervisors McNamara, Minnix, Harrison, Nickens
None
Supervisor Johnson
A COPY TESTE:
Brenda J. Holton, CMC
Deputy Clerk to the Board of Supervisors
10
cc: File
Terrance L. Harrington, County Planner NOTE: copied on
Circuit Court
Roy B. Willett, Judge
Clifford R. Weckstein, Judge
Diane McQ. Strickland, Judge
Richard C. Pattisall, Judge
Robert P. Doherty, Jr., Judge
Jonathan M. Apgar, Judge
Steven A. McGraw, Clerk
Juvenile Domestic Relations District Court
Joseph M. Clarke, II, Judge
Philip Trompeter, Judge
John B. Ferguson, Judge
Joseph P. Bounds, Judge
Ruth P. Bates, Clerk
Intake Counsellor
General District Court
George W. Harris, Judge
William Broadhurst, Judge
Vincent Lilley, Judge
Julian H. Raney, Judge
Jacqueline F. Ward Talevi, Judge
Theresa A. Childress, Clerk
Skip Burkart, Commonwealth Attorney
Paul M. Mahoney, County Attorney
Magistrates Sherri Krantz/Betty Perry
Main Library
Ray Lavinder, Police Chief
Richard Burch, Chief of Fire & Rescue
Roanoke Law Library, 315 Church Avenue, S.W., Rke 24016
Roanoke County Law Library, Singleton Osterhoudt
Roanoke County Code Book
Gerald S. Holt, Sheriff
John M. Chambliss, Jr., Assistant County Administrator
Don C. Myers, Assistant County Administrator
Diane D. Hyatt, Director, Finance
O. Arnold Covey, Director, Community Development
Gary Robertson, Director, Utility
Michael Lazzuri, Court Services
William J. Rand, III, Director, General Services
Thomas S. Haislip, Director, Parks & Recreation
Elaine Carver, Director, Procurement
John W. Birckhead, Director, Real Estate Assessment
Alfred C. Anderson, Treasurer
R. Wayne Compton, Commissioner of Revenue
11
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
ON OCTOBER 27, 1998
RESOLUTION 102798-13 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 Minnix to adopt the Certification Resolution, and carried
by the following recorded vote:
AYES: Supervisors McNamara, Minnix, Harrison, Nickens
NAYS: None
ABSENT: Supervisor Johnson
A COPY TESTE: kZU44.,
Brenda J. Holton, CMC
Deputy Clerk to the Board of Supervisors
cc: File
Executive Session