HomeMy WebLinkAbout9/14/1999 - Adopted Board Records,or
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, SEPTEMBER 14, 1999
RESOLUTION 091499-1 REQUESTING ISSUANCE OF UP TO $7,000,000 OF
INDUSTRIAL REVENUE BONDS OF THE INDUSTRIAL DEVELOPMENT
AUTHORITY FOR FINANCING OF SALEM VENT INTERNATIONAL, INC.
The Industrial Development Authority of Roanoke County, Virginia (the "Authority")
has considered the request of Salem Vent International, Inc. (the "Applicant"), a Virginia
corporation having its principal place of business currently at 1209 Colorado Street, Salem,
Virginia 24153, for the Authority to issue, pursuant to the Industrial Development and
Revenue Bond Act, Chapter 49, Title 15.2 of the Code of Virginia of 1950, as amended (the
"Act"), up to $7,000,000 of its revenue bonds for a manufacturing facility (the "Bonds").
The proceeds of the Bonds will be used to assist the Applicant in (1) financing the
acquisition, construction and equipping of a facility, with related office and storage areas,
for the manufacture of vents and related products primarily for the heavy truck industry (the
"Project") and (2) financing payment of the costs of issuing the Bonds and any other real
and personal property appurtenant, functionally related or subordinate to the Project. The
Project is located on Lot 4 in Valley TechPark, the entrance to the park being off of Routes
11 and 460 approximately 3.3 miles south of Exit 137 off of Interstate 81 in Roanoke
County, Virginia (the "County"). The Authority held a public hearing regarding this matter
on behalf of the Authority and the County on September 1, 1999, which is a date within
sixty (60) days of the adoption of this resolution.
Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code"),
provides that both the governmental unit having jurisdiction over the issuer of private
activity bonds and the governmental unit having jurisdiction over the area in which any
facility financed with the proceeds of private activity bonds is located must approve the
issuance of the bonds. The Project is located in the County, the Authority issues its bonds
on behalf of the County and the Board of Supervisors of the County (the "Board")
constitutes the highest elected governmental unit of the County.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF
ROANOKE COUNTY, VIRGINIA:
1. The recitals made in the first and second paragraphs of this Resolution are
hereby adopted as a part of this Resolution.
2. The Board approves the issuance of the Bonds by the Authority in an
aggregate principal amount not to exceed $7,000,000 for the benefit of the Applicant, to the
extent required by Section 147(f) of the Code and Section 15.2-4906 of the Act.
3. The approval of the issuance of the Bonds does not constitute an
endorsement to a prospective purchaser of the Bonds of the creditworthiness of the
Applicant or the Project, and, as required by the Act and Virginia law, the Bonds shall
provide that none of the Commonwealth of Virginia, the County or the Authority shall be
obligated to pay the principal of, premium, if any, on or the interest on, the Bonds or other
costs incident thereto except from the revenues and moneys pledged therefor, and neither
the faith and credit nor the taxing power of the Commonwealth of Virginia nor any political
subdivision thereof shall be pledged thereto.
4. Pursuant to the limitation contained in Temporary Treasury Regulation
Section 5f 103-2(f)(1), this Resolution shall remain in effect for a period of one year from
the date of its adoption.
5. The County, including its elected representatives, officers, employees and
agents, shall not be liable and hereby disclaims all liability for any damage to the Applicant
or the Project, direct or consequential, resulting from the Authority's failure to issue the
Bonds for any reason.
6. This Resolution shall take effect immediately upon its adoption.
On motion of Supervisor Harrison to adopt the resolution, and carried by the
following recorded vote:
AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
NAYS: None
A COPY TESTE:
Mary H. Allen, CMC/AAE
Clerk to the Board of Supervisors
cc: File
Timothy Gubala, Secretary -Treasurer, IDA
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A-091499-2
Item No. -d
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, ROANOKE COUNTY ADNIINISTRATION CENTER, 5204 BERNARD DRIVE,
SW., ROANOKE COUNTY, VIRGINIA ON TUESDAY,
MEETING DATE: September 14, 1999
AGENDA ITEM: Request for approval of public private partnership with Salem Vent
International, Inc.
COUNTY ADMINISTRATOR' COMMENT • Gf .u�►�C
SUMMARY OF INFORMATION•
Salem Vent International, Inc. is interested in locating a manufacturing facility in Roanoke County.
The Company makes vents for the heavy truck industry and has outgrown their leased facility in the
City of Salem. The staff and Industrial Development Authority have assisted the company by
identifying an approximate 7.6 acre tract in Valley TechPark and passing an inducement resolution
for $7,000,000 of Industrial Revenue Bond financing so that they might acquire the land and
construct and equip an initial 60,000 square foot manufacturing facility and employ 76 employees.
The Company desires to have the building constructed and in operation by late summer 2000. The
estimated annual tax revenue from real estate and machinery and tools is $53,625.
Staff proposes to fund up to $60,000 for utility connection fees for water, sewer and fire service for
the new manufacturing facility. This amount falls within the three year payback formula established
by the Board of Supervisors for manufacturing facilities. Staff recommends that the Board of
Supervisors authorize the County Administrator to execute a performance agreement with Salem
Vent International, Inc. on a form approved by the County Attorney.
FISCAL IMPACT:
Staff estimates that new annual tax revenues of $53,625 will offset the $60,000 public private
partnership within three years of occupancy. Funds for the Utility connection fees have been
appropriated to the Economic Development Capital Account as part of the FY 1999-2000 Budget.
STAFF RECOMMENDATION:
Staff recommends that the Board of Supervisors authorize the County Administrator to execute a
performance agreement, on a form approved by the County Attorney, with Salem Vent International,
Inc. and provide public private partnership funds in the amount of $60,000 for utility connection fees.
Respectfully submitted:
l ur`EJ
Timothy W. Gubala, irector
Department of Economic Development
ACTION
Approved:
Elmer C. Hodge
County Administrator
Approved (x) Motion by: Fenton F. Harrison to approve
Denied ( )
Received ( )
Referred ( )
To l 1
cc: File
Timothy Gubala, Director, Economic Development
F—
VOTE
No Yes Abs
Johnson _ x
Harrison _ x _
McNamara_ x _
Minnix _ x _
Nickens x
A-091499-3
Item No.
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, ROANOKE COUNTY ADMINISTRATION CENTER, 5204 BERNARD
DRIVE, SW., ROANOKE COUNTY, VIRGINIA ON TUESDAY,
MEETING DATE: September 14, 1999
AGENDA ITEM: Request for approval of an economic development performance
agreement to expand Advance Store headquarters operation and
appropriation of $641,500.
COUNTY ADMINISTRATOR'S COMMENTS:
Recommend Approval. This is great news and cause for celebration! This represents
the expansion of a major headquarters operation. The expansion of the County's tax
base and increased employment opportunities for our citizens. With the acquisition
of Western Auto by Advance, the Roanoke Valley stood to lose these jobs and tax base
if the consolidated headquarters moved to Kansas City. We are delighted to have this
take place here. Advance has recently advised that they may relocate additional
functions to this new facility from their downtown Roanoke City office. If so, this will
generate even more tax revenue for the County. We are grateful to the Advance
Stores staff and the State of Virginia for their help in making this successful. I also
wish to thank the Board of Supervisors, the Planning Commission and Joyce Waugh
as well.
EXECUTIVE SUMMARY:
Staff has been working with the Industrial Developmental Authority (IDA) and Advance
Stores, Inc. on a performance agreement which includes funds for road and traffic signal
improvements on Airport Road, site work, and match for a Community Development Block
Grant for Boxley Hills drainage improvements in the Hollins Magisterial District. Signals
and intersection improvements will be shared 50150 with the City of Roanoke, with a
separate agreement being worked out for this purpose. Over half of the funds would be
administered through the County with the remaining funds administered through the IDA for
other project related costs.
Advance Auto is constructing a 100,000 square foot expansion of their present headquarters
as result or a recent acquisition of Western Auto Stores. Advance estimates an $8-$10
million investment and the hiring of 200 full time jobs at an annual average salary of
$35,000. This is in addition to retaining an existing 400 jobs already at this location. The
additional, largely clerical positions, will support their expanded 1700 retail store operation
E --
in the U.S.
In addition, Roanoke County has applied for a $700,000 Community Development Block
Grant (CDBG) based on the 200 j obs being made available to low and moderate income level
people. The grant is to correct a long standing drainage problem in the Boxley Hills
neighborhood and allow the 17.11 acre tract of land located behind Advance to be developed.
As part of the County's 10% grant match, detailed engineering services will be paid from the
County's $641,500 incentive funds.
Staff requests that the Board of Supervisors authorize the County Administrator to execute
a performance agreement the with IDA and Advance to provide $641,500 towards the costs
of road and traffic signal improvements on Airport Road, site work, and CDBG match, on
a form approved by the County Attorney. A total of $641,500 in tax revenue would be
returned to the County over a five year time period beginning one year after occupancy of
their expanded building in 2001.
FISCAL IMPACT
Funds are requested in the amount of $641,500 for this project. These funds can be
appropriated from the County Capital Fund as follows: $414,850 from remaining budgets
of completed economic development projects, and $226,650 from the Capital Fund
Unappropriated Balance. The return on the County's investment through the IDA would be
achieved from new real estate, personal property, and sales and use taxes within a five year
time period beginning one year after occupancy of their expanded facility in 2001.
Completion of the performance agreement and this project are contingent upon obtaining a
$700,000CDBG grant, applied for by the County. Roanoke County has also requested
$500,000 in Governor's Opportunity Funds, which would leverage the County's funds, if
granted.
ALTERNATIVES
1. Approve the economic development performance agreement to expand Advance
Stores headquarters operation and appropriate $641,500, and authorize the County
Administrator to execute a performance agreement with the IDA and Advance Stores,
Inc. for the funding of road and traffic signal improvements on Airport Road, site
work, and detailed engineering (10% required match) for a Community Development
Block Grant for Boxley Hills drainage improvements in the Hollins Magisterial
District on a form approved by the County Attorney.
2. Take no action at this time.
4E -
STAFF RECOMMENDATION
Staff recommends that the Board of Supervisors approve Alternative 1 authorizing the
County Administrator to execute a performance agreement with the IDA and Advance
Stores, Inc. for the funding of road and traffic signal improvements on Airport Road, site
work, and detailed engineering (10% required match) for a Community Development Block
Grant for Boxley Hills drainage improvements in the Hollins Magisterial District on a form
approved by the County Attorney, and appropriate the funds as outlined in the fiscal impact
statement.
Respectfully submitted: Approved:
a
J ce augh Elmer C. Hodge
sst. Director of Economic Development County Administrator
------------------------------------------------------------------------------------------------------------------
ACTION VOTE
No Yes Abs
Approved (x) Motion by: Bob L. Johnson to approve Johnson — x
Denied () agreement and appropriation Harrison _ x _
Received () McNamara_ x
Referred () Minnix _ x
To () Nickens — x _
cc: File
Joyce Waugh, Assistant Director, Economic Development
Paul M Mahoney, County Attorney
Diane D. Hyatt, Director, Finance
ACTION NO. A-091499-4
ITEM NUMBER
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF
ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY
ADMINISTRATION CENTER
MEETING DATE: September 14, 1999
AGENDA ITEM: Approval of South County Park Access Grant Agreement between
Roanoke County and Virginia Department of Transportation
COUNTY ADMINISTRATOR'S COMMENTS:
/*
SUMMARY OF INFORMATION:
Roanoke County has received a $190,000 Recreational Access Grant from the Virginia
Department of Transportation to construct a public access road to the new South County
Park located off Merriman Road, between Starkey Park and the Merriman Soccer
Complex. This access road is approximately one half mile in length, and will provide a
direct connection from Starkey Road in to the Park. Besides providing a convenient and
safe park access, this project will also make much needed improvements to the
intersection of Starkey and Merriman Roads. As part of the process, Roanoke County is
required to enter into a contractual agreement outlining the responsibilities of each party
as it relates to the construction of this project. The attached agreement outlines those
responsibilities.
The access funds, coupled with the approximately $300,000 previously allocated by the
Board, will be used to construct phase 1 of the park, which includes two ballfields, one
soccer/football field, open green space, and picnic areas along Back Creek. The
groundbreaking ceremony is tentatively scheduled for Thursday, September 16.
FISCAL IMPACT:
This grant saves the county the cost ($190,000) of constructing the road.
STAFF RECOMMENDATION:
Approve the attached agreement and authorize Chairman Bob L. Johnson to sign on
behalf of Roanoke County.
Respectfully spbmitted,
Approved by,
Pet Haislip Elmer C. Hodge
Director, Parksand R creation County Administrator
-------------------------------------------
---------------------- ACTION
VOTE
No Yes Abs
Approved (x) Motion by: H Odell Minnix to approve Johnson — x
Denied () agreement Harrison _ x
Received () McNamara_ x
Referred () Minnix — x
To () Nickens — x
cc: File
Pete Haislip, Director, Parks & Recreation
Paul M. Mahoney, County Attorney
Arnold Covey, Director, Community Development
County of Roanoke
Project 0814-080-304, M501
Recreational Access
Southwest District Park
This AGREEMENT is made and entered into this day of , 1999 by
and between the COMMONWEALTH OF VIRGINIA, DEPARTMENT OF
TRANSPORTATION (hereinafter referred to as the "DEPARTMENT") and THE COUNTY OF
ROANOKE, VIRGINIA (hereinafter referred to as the "COUNTY'); and
WHEREAS, the COUNTY by Resolution 021098-4 has requested that the
DEPARTMENT establish a project to assist in providing adequate access to the Southwest
District Park; and,
WHEREAS, the Commonwealth Transportation. Board, subject to certain contingencies,
has allocated an amount not to exceed $190,000 from the Recreational Access Fund, pursuant to
§33.1-223 of the Code of Virginia, to provide adequate access to the Southwest District Park, such
being designated as Project 0814-080-304, M501; and,
WHEREAS, the COUNTY hereby acknowledges and agrees to the contingencies of this
allocation, as set forth in the March 18, 1999, resolution of the Commonwealth Transportation
Board, which is made a part of this agreement by reference; and,
WHEREAS, both parties wish to determine the manner of performing the work, the
timing of the work to be performed, and the responsibility of each party;
NOW, THEREFORE, for and in consideration of mutual covenants herein specified to be
kept and performed, it is agreed by the parties hereto as follows:
A. The Recreational Access project is described as the construction of an 18 -foot wide
asphalt pavement road 0.21 mile in length within the Southwest District Park from its
intersection with Route 613 in a westerly direction to the park parking lot. Also,
Route 613 will be widened to provide a turn lane into the Southwest District Park.
This improvement and related preliminary engineering activities necessary to
construct the facility described above to the appropriate standards as shown on the
approved plans shall be designated as Project 0814-080-304, M501.
B. The COUNTY shall:
1. Arrange for any necessary survey and design of the project in accordance with
the DEPARTMENT's Construction Plan Concept. In the event such survey
and/or design necessitates the services of personnel other than employees of the
COUNTY, the selection of such services shall be administered through the
COUNTY's competitive bidding procedures in accordance with applicable
provisions of the Virginia Procurement Act. Plans, specifications, cost estimates
and related contract documents shall be presented to the DEPARTMENT for
approval prior to commencement of project construction. These plans shall
specifically identify the contract items and the estimated quantity of such item.
All necessary costs involved with such preliminary engineering shall be
considered a part of the eligible project cost. Any such item(s) not eligible for
financing from the Recreational Access Fund shall be so designated on the plans
or otherwise identified and agreed upon by the DEPARTMENT. Project costs
incurred or project services contracted prior to March 18, 1999 will not be
considered eligible for reimbursement from the Recreational Access Fund.
2. Prescribe that all items of work and material for this project's construction will
be in compliance with applicable DEPARTMENT standards and specifications.
3. Prepare any required environmental documents and secure any applicable
permits necessary for this project's construction. Costs associated with this work
will not be considered eligible for reimbursement from the Recreational Access
Fund.
4. Prior to commencement of construction on any portion of this project within the
right-of-way of road(s) currently a part of the state maintained system of
highways, secure a highway permit from the DEPARTMENT for such work.
2
5. Secure all right-of-way necessary for the project's construction in accordance
with approved plans, including any required slope, utility and drainage
easements, in a manner satisfactory to the DEPARTMENT. The COUNTY
shall certify that all such right of way is clear prior to advertisement. Costs
associated with the provision of right of way will not be considered eligible for
reimbursement from the Recreational Access Fund.
6. Arrange for the adjustment of any utilities in conflict with the project's
construction. Costs associated with the adjustment of utilities will not be
considered eligible for reimbursement from the Recreational Access Fund.
7. In accordance with the approved plans, specifications and related documents
administer the project by letting it to contract through the COUNTY'S
competitive bidding procedures in accordance with the Virginia Procurement
Act. No contractor currently disqualified from bidding on contracts with the
DEPARTMENT because of collusion or any matter relating to violation of State
or Federal Anti -Trust Law may participate, either as a prime contractor.
subcontractor, or supplier, in any part of this project's construction. The contract
proposal, documents and plans shall be submitted to the DEPARTMENT for
approval. Following receipt of bids the package will be submitted to the
DEPARTMENT for review and approval, prior to execution of contract.
8. Be responsible for the appropriate inspection and testing of the project's
construction to assure compliance with the DEPARTMENT's standards and
specifications. However, should it be mutually agreed upon prior to the
initiation of the construction, the DEPARTMENT will perform the inspection
and testing. The cost of such inspection shall be considered an eligible project
item for reimbursement from the Recreational Access Fund.
9. Make the project available for review by the DEPARTMENT personnel during
its construction; make final inspection jointly with the DEPARTMENT upon
completion of the project's construction; and obtain the DEPARTMENT's
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concurrence in the project's acceptance.
10. Maintain accurate records of all project costs in a form satisfactory to the
DEPARTMENT and make such records available for review by the
DEPARTMENT upon request.
11. Provide from COUNTY funds for the financing of any eligible project costs in
excess of $190,000 and all ineligible project costs as determined by the
DEPARTMENT.
12. Present the DEPARTMENT with proper certification and billing for project
costs incurred in the design and construction of the project's eligible items, as
herein prescribed, upon acceptance of the project pursuant to paragraphs B (9)
and C (4). Monthly progress billings may be submitted prior to final acceptance.
C. The DEPARTMENT shall:
1. Review the plans, specifications and related contract documents presented by the
county pursuant to paragraph B (1), and approve them with whatever
modifications, if any, it deems appropriate.
2. Upon application by the COUNTY, pursuant to paragraph B (4), issue a permit
for this project's construction. This permit shall be in accordance with
applicable provisions of the DEPARTMENT's current "Land Use Permit
Manual", "Road Design and Standards Manual", and "Road and Bridge
Specifications", which are incorporated into this Agreement by reference. No
fee or bond will be required in the issuance of this permit.
3. Make a final inspection with the COUNTY upon completion of the project's
construction, and if appropriate, concur in the project's acceptance.
4. Upon final acceptance of the project and receipt of COUNTY'S invoices, pursuant
to the provisions of paragraph B (12), reimburse the COUNTY in an amount not
to exceed $190,000 for actual costs of eligible items under the Recreational
Access Program. However, in no case shall the total of such reimbursement,
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including progress payments, exceed $190,000. All eligible costs in excess of the
Commonwealth Transportation Board's Recreational Access Fund allocation will
be paid from other sources. Any such progress payment or reimbursement shall be
payable by the DEPARTMENT within 30 days of submission by the COUNTY.
D. Both parties pledge to make every effort to ensure commencement of this project's
construction at the earliest possible date.
THIS AGREEMENT, when properly executed, shall be binding upon parties, their
successors, and assigns.
IN WITNESS WHEREOF, the parties of this agreement have hereunto affixed their
signatures, the County of Roanoke on the day of 1999, and the
Virginia Department of Transportation on the day of , 1999.
ATTEST:
Mary H. Allen,
Clerk to the Board of Supervisors
APPROVED AS TO FORM
County Attorney
COUNTY OF ROANOKE
Bob L. Johnson, Chairman
Roanoke County Board of Supervisors
NOTE: Any official signing for and on behalf of a municipality or political subdivision should
attach a certified copy of order, resolution, ordinance or charter provision, or a citation to statute,
under the authority of which this agreement is executed.
5
ATTEST:
Title:
Fiscal Division (VDOT)
/s/ E. H. Gibson
Date: 8/10/99
COMMONWEALTH OF VIRGINIA
DEPARTMENT OF TRANSPORTATION
David R. Gehr, Commissioner
APPROVED AS TO FORM
0
Office of the Attorney General
/s/ Todd E. LePage
Date: 8/10/99
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, SEPTEMBER 14, 1999
RESOLUTION 091499-5 APPROVING THE FIFTH DISTRICT EMPLOYMENT
AND TRAINING CONSORTIUM DESIGNATION AS A REGIONAL
WORKFORCE INVESTMENT AREA
WHEREAS, the County of Roanoke has been a member of the Fifth District
Employment and Training Consortium, for the oversight of Job Training Partnership Act
(JTPA) funds since 1983; and
WHEREAS, during the period, the citizens and employers of this community have
benefitted from the provision of employment training and job placement services by the
Fifth District Employment and Training Consortium; and
WHEREAS, JTPA is being replaced by the Workforce Investment Act, effective July
1, 2000; and
WHEREAS, the liability issue for the County remains identical as under JTPA;
whereby the Consortium insurance bears liability first, then all member jurisdictions
according to a population -based formula, if necessary.
NOW THEREFORE, BE IT RESOLVED by the Roanoke County Board of
Supervisors that County of Roanoke desires to remain a partner in the Fifth District
Employment and Training Consortium to oversee Workforce Investment Act funds for
workforce development and employment training.
On motion of Supervisor Johnson to adopt the resolution, and carried by the
following recorded vote:
AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
1
NAYS: None
A COPY TESTE:
Mary H. Allen, CMC/AAE
Clerk to the Board of Supervisors
cc: File
Joe Sgroi, Director, Human Resources
Vickie Price, Director, 5PDC Employment and Training Consortium
Wayne Strickland, Executive Director, Fifth Planning District Commission
Participating Localities:
Alleghany County Administrator
Botetourt County Administrator
Craig County Administrator
Clifton Forge City Manager
Salem City Manager
Roanoke City Manager
2
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
ON TUESDAY, SEPTEMBER 14, 1999
ORDINANCE 091499-6 AUTHORIZING THE ACQUISITION OF 1.07
ACRES OF LAND FROM PHILIP TROMPETER AND CONSTANCE
TROMPETER HAUSMAN IN CONNECTION WITH THE ROANOKE
COUNTY CENTER FOR RESEARCH AND TECHNOLOGY
WHEREAS, in connection with the development of the Roanoke County Center for
Research and Technology, it is necessary to acquire certain easements for road
construction and water line installation; and,
WHEREAS, Philip Trompeter and Constance Trompeter Hausman are the owners
of a 1.07 -acre parcel of land along Glenmary Drive, designated on the Roanoke County
Land Records as Tax Map No. 64.01-3-1; and,
WHEREAS, a significant portion of the Trompeter property is required for the
easements related to this project; and,
WHEREAS, staff has reviewed the plans with the property owners and the
Trompeters have offered to sell the entire parcel of land to the County for the sum of
$4,000; and,
WHEREAS, Section 18.04 of the Roanoke County Charter directs that the
acquisition of real estate be accomplished by ordinance; the first reading of this ordinance
was held on August 24, 1999, and the second reading was held on September 14, 1999.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF
ROANOKE COUNTY, VIRGINIA, as follows:
1. That the acquisition and acceptance of the parcel of land, consisting of 1.07
acres, more or less, located in the Catawba Magisterial District on Glenmary Drive and
designated on the Roanoke County Land Records as Tax Map #64.01-3-1, from Philip
Trompeter and Constance Trompeter Hausman for the sum of $4,000.00 is hereby
authorized and approved.
2. That the funds for this acquisition and related costs shall be paid out of the
funds previously appropriated to this project in the Capital Improvement Fund.
3. That the County Administrator or an Assistant County Administrator is
authorized to execute such documents and take such actions on behalf of Roanoke County
in this matter as may be necessary to accomplish the acquisition of this property, all of
which shall be approved as to form by the County Attorney.
4. That this ordinance shall be effective on and from the date of its adoption.
On motion of Supervisor Harrison to adopt the ordinance, and carried by the
following recorded vote:
AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
NAYS: None
A COPY TESTE:
Mary H. Allen, CMC/AAE
Clerk to the Board of Supervisors
cc: File
Melinda J. Cox, Economic Development Specialist
Arnold Covey, Director, Community Development
Diane D. Hyatt, Director, Finance
John W. Birckhead, Director, Real Estate Assessment
Paul M. Mahoney, County Attorney
E
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
ON TUESDAY, SEPTEMBER 14, 1999
ORDINANCE 091499-7 AUTHORIZING THE ACQUISITION OF A SLOPE
AND DRAINAGE EASEMENT FROM EMMETT I. GRISSO, JR., AND
MARY C. GRISSO IN CONNECTION WITH THE ROANOKE COUNTY
CENTER FOR RESEARCH AND TECHNOLOGY
WHEREAS, in connection with the development of the Roanoke County Center for
Research and Technology, it is necessary to acquire certain easements for road
construction and water line installation; and,
WHEREAS, Emmett I. Grisso, Jr., and Mary C. Grisso are the owners of a 3.99 -acre
parcel of land along Glenmary Drive, designated on the Roanoke County Land Records as
Tax Map No. 64.01-4-1; and,
WHEREAS, a permanent slope and drainage easement is required across the
Grisso property for this project; and,
WHEREAS, staff has negotiated with the property owners for the acquisition of said
easement and the owners have agreed to accept the sum of $500.00 for the necessary
easements, together with the County's agreement to replace the existing farm road into the
property and to permit the property owner to retain all timber cut from the property; and,
WHEREAS, Section 18.04 of the Roanoke County Charter directs that the
acquisition of real estate be accomplished by ordinance; the first reading of this ordinance
was held on August 24, 1999, and the second reading was held on September 14, 1999.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF
ROANOKE COUNTY, VIRGINIA, as follows:
1. That the acquisition and acceptance of a permanent slope and drainage
easement, of variable width, and consisting of .27 acres (11,550 square feet), along
Glenmary Drive in the Catawba Magisterial District, across the property of Emmett I
Grisso, Jr., and Mary C. Grisso, designated on the Roanoke County Land Records as Tax
Map No. 64.01-4-1, for the sum of $500.00 is hereby authorized and approved.
2. That the funds for this acquisition and related costs shall be paid out of the
funds previously appropriated to this project in the Capital Improvement Fund.
3. That the County Administrator or an Assistant County Administrator is
authorized to execute such documents and take such actions on behalf of Roanoke County
in this matter as may be necessary to accomplish the acquisition of this property, all of
which shall be approved as to form by the County Attorney.
4. That this ordinance shall be effective on and from the date of its adoption.
On motion of Supervisor Harrison to adopt the ordinance, and carried by the
following recorded vote:
AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
NAYS: None
A COPY TESTE:
Mary H. Allen, CMC/AAE
Clerk to the Board of Supervisors
cc: File
Melinda J. Cox, Economic Development Specialist
Arnold Covey, Director, Community Development
Diane D. Hyatt, Director, Finance
John W. Birckhead, Director, Real Estate Assessment
Paul M. Mahoney, County Attorney
2
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, SEPTEMBER 14, 1999
ORDINANCE 091499-8 AMENDING DIVISION 2, "USE VALUE
ASSESSMENT OF CERTAIN REAL ESTATE", OF CHAPTER 21,
"TAXATION", OF THE ROANOKE COUNTY CODE, SPECIFICALLY
SECTIONS 21-52, 21-53, 21-56, 21-57, 21-58, 21-60 THE REPEAL OF
SECTIONS 21-55, ALL IN ORDER TO BRING THESE PROVISIONS INTO
COMPLIANCE WITH VARIOUS AMENDMENTS TO STATE LAW BY THE
VIRGINIA GENERAL ASSEMBLY
WHEREAS, the provisions of the County Code concerning use value assessments
have not been revised since 1989; and,
WHEREAS, the General Assembly for the Commonwealth of Virginia has adopted
several amendments to the State Code with respect to the authorizing legislation applicable
to use value assessments, and this ordinance amends the County Code to reflect these
amendments; and,
WHEREAS, the first reading of this ordinance was held on August 24, 1999, and the
second reading was held on September 14, 1999.
NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That Division 2, "Use Value Assessment of Certain Real Estate", of
Chapter 21, "Taxation", of the Roanoke County Code be amended to read and provide
as follows:
Chapter 21 TAXATION
DIVISION 2. USE VALUE ASSESSMENT OF CERTAIN REAL ESTATE
1
(c) The application shall be signed by all owners of the subject property. An
owner of an undivided interest in the property may apply on behalf of owners that are
minors or that cannot be located, upon submitting an affidavit attesting to such facts.
book
(d) A separate application shall be filed for each parcel tract shown on the land
(e) An application fee of thirty dollars ($30.00), plus thirty cents ($0.30) per acre
or portion thereof contained in each parcel, shall accompany each application.
(f) An application may be filed within no more than sixty (60) days after the filing
deadline specified in subparagraph (b) above upon payment of a late filing fee in the sum
of forty dollars ($40.00).
(g) An application shall be submitted whenever the use or acreage of such land
previously approved changes; provided however, that no application fee shall be required
when a change in acreage occurs solely as a result of a conveyance necessitated by
governmental action or condemnation of a portion of any land previously approved.
(h) If any tax on the land affected by an application is delinquent when the
application is filed, then the application shall not be accepted. Upon payment of all
delinquent taxes, interest and penalties relating to such land, the application shall then be
treated in accordance with this section.
(i) Such property owner must revalidate annually with the real estate assessor
any application previously approved. The revalidation application must be returned to the
Office of Real Estate Valuation on or before December 5th of the year preceding the year
for which the revalidation becomes effective. A revalidation fee of thirty dollars ($30.00),
plus thirty cents ($0.30) per acre or portion thereof contained in each parcel, shall
3
a scenic highway, a Virginia Byway or public property shall
consist of a minimum of two (2) acres. A scenic river, scenic
highway, Virginia Byway or public property under this
paragraph means those which are listed in the State
Comprehensive Outdoor Recreational Plan, also known as the
Virginia Outdoors Plan, a copy of which can be obtained from
the Department of Conservation and Recreation, 203 33-2
Governor Street, Suite 302 283, Richmond, VA 23219.
(2) a. The foregoing requirements for minimum acreage shall be
determined by adding together the total area of contiguous real
estate excluding recorded subdivision lots, recorded after July
1, 1983, titled in the same ownership. For purposes of this
section, properties separated only by a public right-of-way are
considered contiguous.
b. Where contiguous real estate in agricultural, horticultural, forest
or open -space use in one ownership is located in more than
one taxing locality, compliance with the minimum acreage shall
be determined on the basis of the total area of such real estate
and not the area which is located in the particular taxing
locality.
(c) In addition to meeting the foregoing requirements for minimum acreage, real
estate devoted to open space use shall be:
(1) Within an agricultural, a forestal, or an agricultural and forestal district
5
prepared in accordance with the standards prescribed by the Director
of the Department of Conservation and Recreation, for the inclusion
of real property into the use value assessment program based on a
commitment not to change the use to a nonqualifying use for the
duration of the contract. Such commitment shall run with the land for
the applicable period and may be terminated in the manner provided
in Section 15.2-4314 of the Code of Virginia
(d) If the real estate assessor determines that the property does meet such
criteria, he shall determine the value of such property for its qualifying use based on the
methods described in subsections A, B, and C of section 58.1-3236 of the Code of Virginia,
as well as its fair market value as applied to other real estate in the taxing jurisdiction.
(e) In determining whetherthe subject property meets the criteria for "agricultural
use" or "horticultural use" the real estate assessor may request an opinion from the
Commissioner of Agricultural and Consumer Services; in determining whether the subject
property meets the criteria for "forest use" he may request an opinion from the State
Forester; and in determining whether the subject property meets the criteria for "open
space use" he may request an opinion from the Director of Conservation and Recreation.
Upon the refusal of the Commissioner of Agriculture and Consumer Services, State
Forester, or the Director of the Department of Conservation and Recreation to issue an
opinion, or in the event of an unfavorable opinion which does not comport with standards
set forth by the respective director, the party aggrieved may seek relief from any court of
record wherein the real estate in question is located. If the court finds in his favor it may
issue an order which shall serve in lieu of an opinion for the purposes of this division.
7
Assessment Book" and file eaeh applieation in this offiee. The clerk shall be eornpensated
at the rate of one dollar ($1.00) fbr filimg and indexing eaeh applieation or revalidation.
Enabling Act authority removed: 1993 Acts of Assembly, Chapter 102, Page 107. (see
explanation above --simpler.)
(Ord. No. 101089-4, § 1, 10-10-89)
Sec. 21-56. Delinquent taxes.
If on ire April 1 of any year the taxes for any prior year on any parcel of real
property which has special assessment as provided for in this division are delinquent, the
county shall send notice of that fact and the general provisions of section 58.1-3235 of the
Code of Virginia to the property owner by first-class mail. If after sending such notice, such
delinquent taxes remain unpaid on Novernbe June 1, the treasurer shall notify the real
estate assessor who shall remove such parcel from the land use program. Such removal
shall become effective for the current tax year. (1994 Act of Assembly, Chapter 199, Pg.
290) State Law Reference: Code of Virginia, § 58.1-3235.
(Ord. No. 101089-4, § 1, 10-10-89)
Sec. 21-57. Change in use, zoning or area; roll -back taxes.
There is hereby imposed a roll -back tax and interest thereon in such amounts as
may be determined under Virginia Code section 58.1-3237 and determined by using a
simple interest rate established at ten (10) percent per year on real estate which has
qualified for assessment and taxation on the basis of use under this division, upon one or
more of the following occurrences:
9
passed since the rezoning was effective.
Liability to the roll -back taxes shall not attach when a change in ownership of title
of all the real estate which is assessed under this division on a separate application, filed
as required by section 21-52 D of this division, and meeting the minimum acreage
requirements takes place if the new owner does not rezone the real estate to a more
intensive use and continues the real estate in the use for which it is classified under the
conditions prescribed in this ordinance and article 4 of chapter 32 of title 58.1 of the Code
of Virginia.
State Law Reference: Code of Virginia, § 58.1-3237.
(Ord. No. 101089-4, § 1, 10-10-89)
Sec. 21-58. Failure to report changes; misstatements in application.
(a) The owner of any real estate liable for roll -back taxes shall, within sixty (60)
days following a change in use or zoning, report such change to the real estate assessor
on such forms as may be prescribed. The real estate assessor shall forthwith determine
and assess the roll -back tax, which shall be paid to the treasurer within thirty (30) days of
assessment by the owner of the property at the time the change in use which no longer
qualifies occurs, or at the time of the zoning of the real estate to a more intensive use at
the request of the owner or his agent occurs. Upon failure to report within sixty (60) days
following such change in use or zoning at the request of the owner or his agent or failure
to pay within thirty (30) days of assessment or both, such owner shall be liable for an
additional penalty equal to ten (10) percent of the amount of the roll -back tax and interest,
which penalty shall be collected as a part of the tax. In addition to such penalty for failure
11
Sec.21-60. Preparation and use of true values.
Nothing in this article shall be construed to be in conflict with the requirements for
preparation and use of true values where prescribed by the General Assembly for use in
any fund distribution formula.
State Law Reference: Code of Virginia, § 58.1-3234.
Secs. 21-61--21-70. Reserved.
2. That this ordinance shall be effective from and after its adoption.
On motion of Supervisor Nickens to adopt the ordinance, and carried by the
following recorded vote:
AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
NAYS: None
A COPY TESTE:
Mary H. Allen, CMC/AAE
Clerk to the Board of Supervisors
13
cc: File
John W. Birckhead, Director, Real Estate Valuation
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
Terrance L. Harrington, County Planner
Gary Robertson, Director, Utility
Michael Lazzuri, Court Services
Elaine Carver, Director, General Services
Thomas S. Haislip, Director, Parks & Recreation
Gardner Smith, Director, Procurement
Alfred C. Anderson, Treasurer
R. Wayne Compton, Commissioner of Revenue
0? fide 1:41
les
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, SEPTEMBER 14, 1999
RESOLUTION 091499-9 APPROVING AND CONCURRING IN CERTAIN
ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA
FOR THIS DATE DESIGNATED AS ITEM J -CONSENT AGENDA
BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as
follows:
1. that the certain section of the agenda of the Board of Supervisors for
September 14, 1999, 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 11, inclusive, as follows:
1. Approval of Minutes - July 27, 1999
2. Confirmation of committee appointments to the Blue Ridge Community
Services Board of Directors, Clean Valley Council,a� gel and
the Industrial Development Authority.
3. Resolution of support for expanded passenger rail service in the
Commonwealth of Virginia.
4. Acceptance by the Sheriff's Office of the Adult Literacy and Basic
Education Program Grant of $10,903 and appropriation of funds.
5. Request from School Board to appropriate $1,000 grant from the Roanoke
County Education Foundation to William Byrd High School Saturday
School.
6. Request from School Board to appropriate $1,000 Virginia Department of
Education grant for assistive technology devices.
7. Request from Social Services to appropriate $25,000 for Aid to Dependent
Children Foster Care Program.
8. Acceptance and appropriation of $21,210 Section 18 Transportation Grant
from the Virginia Department of Rail and Public Transportation for use in
the CORTRAN program.
9. Request for acceptance of access easement at Northside Middle School
from the School Board.
10. Action approving, ratifying and confirming the execution of a Consent
Order with Whitlow Auto Crushers and Sales to remediate zoning
violations.
11. Donation of various easements to the Board of Supervisors by Radford &
Company in connection with development of McVitty Forest.
2. That the Clerk to the Board is hereby authorized and directed where required
by law to set forth upon any of said items the separate vote tabulation for any such item
pursuant to this resolution.
On motion of Supervisor Johnson to adopt the Consent Resolution with
Grievance Panel appointment in Item 2 removed and referred to staff, and carried by
the following recorded vote:
AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
NAYS: None
A COPY TESTE:
Mary H. Allen, CMC/AAE
Clerk to the Board of Supervisors
cc: File
Gerald S. Holt, Sheriff
Diane D. Hyatt, Director, Finance
Joy Wright, Supervisor of Federal Programs
Carol Whitaker, Director, Pupil Personnel Services & Special Education
Dr. Deanna Gordon, School Superintendent
Brenda Chastain, Clerk, School Board
Dr. Betty McCrary, Director, Social Services
Brent Robertson, Finance
John Chambliss, Assistant Administrator
Terry Harrington, County Planner
Arnold Covey, Director, Community Development
Gary Robertson, Director, Utility
Paul M, Mahoney, County Attorney
2
A -091499-9.a
ACTION NO.
ITEM NUMBER J'-"'
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: September 14, 1999
AGENDA ITEM: Confirmation of Committee appointments to the Blue Ridge
Community Services Board of Directors, Clean Valley Council,
GF'evanee P..nel, and Industrial Development Authority
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION
Blue Ridge Community Services Board of Directors
Supervisor Nickens has nominated Gary Kelly to fill the unexpired term of Susan
Scheibe. The term will expire December 31, 2000
Clean Valley Council
Supervisor Nickens nominated Vince Reynolds to serve anothertwo yearterm which
will expire June 30, 2001.
-� - - -- -- - r.
Industrial Development Authority
Supervisor Harrison nominated Carole Brackman to serve another four year term
which will expire September 26, 2003.
Supervisor Minnix is nominating Neil A. Gallagher to serve another four year term
which will expire September 26, 2003.
1
STAFF RECOMMENDATION:
It is recommended that the above appointments be confirmed by the Board of
Supervisors.
Respectfully submitted,
- (-
Mary H. Allen, CMC/AAE
Clerk to the Board
Approved (x)
Denied ( )
Received ( )
Referred ( )
To ( )
Approved by,
G P
Elmer C. Hodge
County Administrator
ACTION
Motion by: Bob L. Johnson to approve
Consent Agenda with Grievance Panel
appointment in Item 2 removed and
referred to staff
cc: File
Blue Ridge Community Services Board of Directors File
Clean Valley Council File
Grievance Panel File
Industrial Development Authority File
2
VOTE
No Yes Abs
Johnson _ x —
Harrison _ x _
McNamara_ x
Minnix _ x _
Nickens x
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, SEPTEMBER 14, 1999
RESOLUTION 091499-9.b SUPPORTING THE EXPANSION OF PASSENGER
RAIL SERVICE IN THE COMMONWEALTH OF VIRGINIA
WHEREAS, the feasibility of expanded passenger rail service from the Washington,
D.C., and Richmond, Virginia, areas to Bristol, Virginia, has been studied and documented
by the Virginia Department of Rail and Public Transportation; and
WHEREAS, this passenger rail service would provide an attractive transportation
alternative that could lead to economic, tourism, environmental and other social benefits
for and its citizens; and
WHEREAS, the Roanoke County Board of Supervisors believes this passenger rail
service is both cost-effective and consistent with a well-planned, multi -modal transportation
system in the Commonwealth of Virginia;
THEREFORE, BE IT RESOLVED that the Roanoke County Board of Supervisors
reaffirms its support and endorsement for the provision of passenger rail service from the
Washington, D.C., and Richmond, Virginia, areas to Bristol, Virginia, and
BE IT FURTHER RESOLVED that the Board of Supervisors of Roanoke County,
Virginia encourages the implementation of this rail service and pledges its assistance to the
Commonwealth of Virginia in implementing said service.
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:
Mary H. Allen, CMC/AAE
Clerk to the Board of Supervisors
cc: File
Rex Hammond, President, Lynchburg Chamber of Commerce
The Honorable Druie L. "Pete" Warren, Mayor, City of Lynchburg
Charles F. Church, Lynchburg City Manager
A-091499-9 . c
ACTION NO.
ITEM NO. 15'-4
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: September 14, 1999
AGENDA ITEM: Request to accept the Adult Literacy and Basic Education Program Grant
and to appropriate the funds into the Sheriff's Office GED Grant Part -Time Salaries
Account - (313200-1020)
COUNTY ADMINISTRATOR'S COMMENTS:
BACKGROUND: We have received grant funding approval from the State Department of
Education for the Adult Literacy and Basic Education/GED program operated by Roanoke
City Schools and administered by TAP This Valley Works under the auspices of the
Roanoke County/Salem Jail. The funding period will run from July 1, 1999 through
June 30, 2000. The total funding is in the amount of $12,432. We will receive
reimbursement from Federal Funds in the amount of $10,903 and will be required to
provide matching funds in the amount of $1,529, which will be supplied from the Sheriffs
SubFund. Acceptance of this grant will require 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 Sheriffs Office.
Respectfully submitted,
�
Gerald S. Holt
Sheriff
7Zb(v
Elmer C. Hodge, Jr.
County Administrator
ACTION
Approved (x) Motion by: Bob L. Johnson to approve
Denied ( )
Received ( )
Referred ( )
To ( )
cc: File
Gerald S. Holt, Sheriff
Diane D. Hyatt, Director, Finance
s
VOTE
No Yes Abs
Johnson _ x
Harrison _ x _
McNamara_ x
Minnix _ x _
Nickens x
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ACTION #A -091499-9.d
ITEM NUMBER
MEETING DATE: September 14, 1999
AGENDA ITEM: Appropriation of $1,000 to William Byrd High
School's Saturday School from the Roanoke
County Education Foundation
COUNTY ADMINISTRATOR'S COMMENTS:
BACKGROUND: The Roanoke County Education Foundation has presented a
check in the amount of $1,000 for the William Byrd High
School's Saturday School.
SUMMARY OF INFORMATION: The Saturday School is for targeted students who
need extra help on long-range written assignments
as part of their Remedial Plan.
FISCAL IMPACT: None
STAFF RECOMMENDATION: Appropriation of $1,000 from the Roanoke County
Education Foundation to the William Byrd High
School's Saturday School.
�l
J y right Elmer C. Hcdg
up evisor of Fe ral Programs 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
Joy Wright, Supervisor of Federal Programs
Diane D. Hyatt, Director, Finance
Dr. Deanna Gordon, School Superintendent
Brenda Chastain, Clerk, School Board
A -091499-9.e
ACTION #
ITEM NUMBER 15* ►- .
MEETING DATE: September 14, 1999
AGENDA ITEM: Appropriation of $1,000 grant from the Virginia
Department of Education for Assistive Technology
Devices
COUNTY ADMINISTRATOR'S COMMENTS: 7e-"�
BACKGROUND: The Roanoke County School Board has received $1,000 from the
Virginia Department of Education for the purchase of
Assistive technology devices to assist students with
disabilities to access technology in classroom and media
centers.
SUMMARY OF INFORMATION: The school division received and appropriated
funds from a similar grant last year. The funds
will be expended to purchase items for students
with disabilities.
FISCAL IMPACT: None, no local matching required.
STAFF RECOMMENDATION: Appropriation of the $1,000 grant to the school
operating fund to be used to purchase items for
students with disabilities.
Dr. Carol Whitaker Elmer C. Hodge
Director Pupil Personnel Services County Administrator
And Special Education
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
Carol Whitaker, Director, Pupil Personnel Services & Special Education
Diane D. Hyatt, Director, Finance
Dr. Deanna Gordon, School Superintendent
Brenda Chastain, Clerk, School Board
A -091499-9.f
ACTION NO.
ITEM NUMBER '`�—r_ I
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: September 14, 1999
AGENDA ITEM: Request to Appropriate $25,000 for Aid to Dependent Children
Foster Care Program for the Department of Social Services
COUNTY ADMINISTRATOR'S COMMENTS:
o
u
BACKGROUND: The Department of Social Services receives, throughout the year,
additional appropriations for public assistance and services delivery. The State has made
available $25,000 additional Federal money for the Aid to Dependent Children — Foster
Care program. This money is 100% Federal money and requires no local match. The
Department cannot access these State funds until the County has appropriated the same.
The Board of Supervisors is requested to appropriate $25,000 to the Social Services 98-99
budget for costs in the Aid to Dependent Children — Foster Care program.
FISCAL IMPACT: None. The requested appropriation is 100% reimbursable State
money made available to the locality by the State Department of Social Services.
STAFF RECOMMENDATION: Staff recommends appropriation of $25,000 to the 98-99
Social Services budget for the Aid to Dependent Children - Foster Care program.
Respectfully
submitted, Appro ed by,
"—�/
Betty R. McCrary, Ph.D. Elmer C. Hodge
Director of Social Services County Administrator
Approved (x)
Denied ( )
Received ( )
Referred ( )
To ( )
ACTION
Motion by: Bob L. Johnson to approve
cc: File
Dr. Betty McCrary, Director, Social Services
Diane D. Hyatt, Director, Finance
Brent Robertson, Finance
John Chambliss, Assistant Administrator
2
VOTE
No Yes Abs
Johnson _ x
Harrison _ x _
McNamara_ x
Minnix _ x
Nickens _ x
ACTION NO. A-091499-9.9
ITEM NUMBER
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: September 14, 1999
AGENDA ITEM: Acceptance and Appropriation of Section 18
Transportation Monies from the Virginia Department
of Rail and Public Transportation for Use in the
CORTRAN Program
COUNTY ADMINISTRATOR'S COMMENTS: n
BACKGROUND:
Roanoke County has been notified of the grant approval of
Section 18 monies from the Virginia Department of Rail and Public
Transportation for FY 2000 in the amount of $21,210. The matching
portion of these monies is taken from the appropriation already in
place for CORTRAN. These monies, for the Section 18 program, can
only be used for service in the rural sections of the County.
CORTRAN designates rides from the qualifying areas and credits
those to the grant program thereby improving the level of service
provided by the County appropriation for CORTRAN.
Because of the increasing demand for the CORTRAN service, it
is suggested that the County accept these funds, appropriate them
to the use of CORTRAN, and apply those monies to the ridership from
the rural areas of the County.
The CORTRAN fare increase from $2.50 to $3.50 per one way trip
was implemented September 1, 1999. At this time, we have not
instructed RADAR to limit ridership to determine the impact of the
new fare. Staff has corresponded in writing to each of the listed
riders of CORTRAN advising of this change and received
approximately 50 phone calls concerning the change. It is
suggested that staff report back to you in January to look at the
impact of the increased fares on the total ridership.
FISCAL IMPACT:
Acceptance of this Section 18 grant provides $21,210
additional monies to be applied to the CORTRAN program for this
year.
W
RECOMMENDATIONS: RECOMMENDATIONS:
Staff recommends acceptance of the Section 18 monies and
appropriating them to the CORTRAN program. Staff will also report
back to the Board in January concerning CORTRAN ridership.
Respectfully submitted,
ohn M. Chamblis , Jr.
Assistant Administrator
Approved (x)
Denied ( )
Received ( )
Referred ( )
To ( )
Approved by,
C�" �; •%a --
Elmer C. Hodge
County Administrator
ACTION VOTE
No Yes Abs
Motion by: Bob L. Johnson to approve Johnson — x
Harrison — x
McNamara_ x
Minnix _ x _
Nickens _ x _
cc: File
John M. Chambliss, Jr., Assistant Administrator
BRSEC18.999
A -091499-9.h
ACTION #
ITEM NUMBER -u-, I
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: September 14, 1999
SUBJECT: Request to Accept the Donation of an Access Easement from the Roanoke
County School Board
COUNTY ADMINISTRATOR'S COMMENTS:
4c��� 7e"#�
BACKGROUND:
The Roanoke County Board of Supervisors owns a 500,000 -gallon water storage tank behind
Northside Middle School. Access to the tank was provided by a gravel road contained in a 50 -foot
access easement. The construction of the new gymnasium at Northside Middle School required that
this access road be relocated.
SUMMARY OF INFORMATION:
The Roanoke County School Board has since relocated the road behind the middle school as shown
on the attached easement plat as prepared by Lumsden Associates, P.C. and dated July 1, 1999. In
order to complete the project the Roanoke County Board of Supervisors needs to accept the relocated
easement.
FISCAL IMPACT:
The fiscal impact is limited to the incidental costs of recording the easement document.
STAFF RECOMMENDATION:
Staff recommends that the Board of Supervisors accept the new 20 -foot access easement as shown
on the attached plat and authorize the County Administrator to execute this easement document.
SUBMITTED BY:
Gary Roberts n, P.E.
Utility Director
APPROVED:
Elmer C. Hodge
County Administrator
J-9
ACTION VOTE
No Yes Abs
Approved (x) Motion by: Bob L Johnson to approve Johnson _ x —
Harrison _ x
Denied () McNamara_ x _
Received ()
Referred Minnix x
()
To Nickens x
()
cc: File
Gary Robertson, Director, Utility
TAX 4i7.06-1-76
ROANOKE COUNTY
BOARD OF SUPERVISORS
D.B. //O1 PG. 1
EXIS77NG WATER
TANK LOT
CENTERLINE 20' ACCESS EASAWENT
UNE
BEARING
DISTANCE
1-2
N 89V745" E
38.88'
2-3
N 8220 01 " E
149.77'
J-4
S 890937" E
�
M
S 79'45'59" E
21.15'
i
N 76V659" E
2201'
EXIS77NG GRA VEL
DRIVEWAY '--a--+
I ' I
EXIS77NO CUL VERT
1 \\
EXIS77NG POWER
\\
POLES \
\
CENTERLINE 20' ACCESS EASAWENT
UNE
BEARING
DISTANCE
1-2
N 89V745" E
38.88'
2-3
N 8220 01 " E
149.77'
J-4
S 890937" E
50.71'
4-5
S 79'45'59" E
21.15'
5-5
N 76V659" E
2201'
MOTE
1. THIS PLAT WAS PREPARED WITHOUT THE BENEFIT OF A CURRENT 777ZE REPORT
ANDTHERE MAY EXIST ENCUMBRANCES xmcH AFFECT THE PROPERTY NOT
SHOWN HEREON.
2. THIS PLAT WAS PREPARED FOR THE INTENT TO GRANT A 20' ACCESS
EASEMENT AND DOES NOT CONSTITUTE A BOUNDARY SURREY.
TAX ,x`3706-1-75
ROANOKE COUNTY SCHOOL BOARD
\ D.B. 749 PG. 98
INN
0
(Z'
O
EXISTING 50' ACCESS
EASEMENT
20' ACCESS EASEMENT
EXIS77NG
SHED
4 \
v EXIS77NG ASPHALT
PARK/NG AREA
7EX/S771VG NOR THSIDE
MIDDLE SCHOOL
PLAT SHOWING
NEW 20' ACCESS EASEMENT
BEING GRANTED TO
BOARD OF SUPERVISORS OF ROANOKE COUNTY
aVINCENTIA
BY
NOKE COUNTY SCHOOL BOARD
CATAWBA MAGISTERIAL DISTRICT
ROANOKE COUNTY, VIRGINIA
SCALE 1" = 50' DATE: I JULY 1999
LUMSDEN ASSOCIATES, P.C.
ENGINEERS -SURVEYORS -PLANNERS
ROANOKE, VMQlt"
COMM. #99-220
3-9
A-091499-9.1
ACTION NO.
ITEM NO. "-7_ 16
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: September 14, 1999
AGENDA ITEM: ACTION APPROVING, RATIFYING, AND CONFIRMING THE EXECUTION OF
A CONSENT ORDER WITH WHITLOW AUTO CRUSHERS AND SALES TO
REMEDIATE ZONING VIOLATIONS
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
This action approves and ratifies the execution of a Consent Order with Whitlow Auto
Crushers and Sales. This Consent Order will reduce the acreage used for business operations to the
approximate acreage necessary to be in compliance with the status of business operations in 1970.
Joy Leon Whitlow and Virginia Alice Whitlow own approximately 532 acres of real estate
located off Ridgelea Rd. A portion of this property (32+ acres) has been the site of business
operations of Whitlow Auto Crushers and Sales since the early 1950s. Since 1970 it has been a
nonconforming use under the County's zoning ordinance. These business operations have expanded
and contracted since 1970. In 1970 this property was zoned A-1, Agricultural District; in 1992 the
zoning designation was changed to A-3, Agricultural/Rural Preserve.
As a result of citizen complaints, zoning staff commenced enforcement actions with respect
to this operation and alleged zoning violations last year. Staff has utilized aerial mapping
photography in an attempt to identify the historical areas of operations. Unfortunately this historical
record is less than clear. Staff has negotiated this Consent Order to remediate the problems
identified, and to reduce the acreage utilized for these nonconforming uses.
This Consent Order limits the specific business uses of the property and reduces the acreage
and use of the business to approximately 17.5 acres and the uses in effect in 1970. Staff has
identified 6 sub -areas for removal and clean-up within 18 months of approval by the Board of
Supervisors; each sub -area to be remediated sequentially every 3 months. As each area is
remediated it will be stabilized, reforested or vegetation planted. Fencing requirements will be
adjusted to account for topography and the ability of the public to view the operations from the
public right-of-way.
G:\ATTORNEY\PMM\ZONING\WHITBOS.RPT 1
FISCAL IMPACTS:
There is no immediate fiscal impact on Roanoke County; however, it will be necessary for
County staff to monitor the implementation of this Consent Order over the next 18 months to ensure
compliance.
STAFF RECOMMENDATION:
Order.
It is recommended that the Board approve, ratify, and confirm the execution of this Consent
Respectfully submitted,
Paul M. Mahoney
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
Paul M. Mahoney, County Attorney
Arnold Covey, Director, Community Development
Terry Harrington, County Planner
G:\ATTORNEY\PMM\ZONING\WHITBOS.RPT 2
CONSENT ORDER
County of Roanoke
and
Whitlow Auto Crushers and Sales
Section 1. Purpose.
This is a Consent Order issued under the authority of Section 15.2-2286 of the
1950 Code of Virginia, as amended, and Section 30-5 of the Roanoke County Zoning
Ordinance between the Zoning Administrator for Roanoke County, the County of
Roanoke, Whitlow Auto Crushers and Sales, and Joy Leon Whitlow and Virginia
Alice Whitlow (collectively known as "Whitlow") to resolve certain violations of the
Roanoke County Zoning Ordinance at real estate owned by Joy Leon Whitlow and
Virginia Alice Whitlow in Roanoke County, Virginia.
Section 2. Findings of Fact and Conclusions of Law.
A. That the properties owned by Joy Leon Whitlow and Virginia Alice Whitlow
as described in Section 2, Paragraph D of this Order were zoned A-1, Agricultural
District, in 1970 and were continuously zoned A-1, Agricultural District, until December
31, 1992. On December 31, 1992, during a comprehensive rezoning by Roanoke
County, the zoning designation of these properties changed to AG -3, Agricultural/Rural
Preserve, which is the current zoning designation of these properties.
B. That the business operations of Whitlow Auto Crushers and Sales has
existed since prior to 1970 and since 1970 has continued as a nonconforming use on a
portion of real estate identified as Roanoke County Tax Parcel No. 84.00-1-8.
C. Whitlow has expanded and contracted this operation and use since 1970.
D. Any expansion of the nonconforming use is a violation of the Roanoke
County Zoning Ordinance.
1
E. Joy Leon Whitlow and Virginia Alice Whitlow own approximately 532 acres
of real estate located off Ridgelea Road in Roanoke County, Virginia. Roanoke County
Tax Parcel No. 84.00-1-8 consists of approximately 344 acres. On this real estate there
is an area of approximately 32 acres which has been the site of the business operations of
Whitlow Auto Crushers and Sales, a nonconforming use under the Roanoke County
Zoning Ordinance. The actual area of use has varied from time to time.
F. Neither the Whitlows nor their predecessors in title or interest have ever
applied to Roanoke County for a change in zoning classification for this business
operation on this real estate in order to bring it into compliance with the Roanoke County
Zoning Ordinance.
G. County Planning and Zoning staff has delineated the acreage currently used
for the business operations and this delineation is shown in Exhibit 1. This area is
identified as "The August 1999 Use and Operations Area" and consists of approximately
17.5 acres.
Section 3. Agreement and Order.
Accordingly, by virtue of the authority of the 1950 Code of Virginia, as amended
and the Roanoke County Code, the Zoning Administrator orders and Joy Leon Whitlow
and Virginia Alice Whitlow and Whitlow Auto Crushers and Sales agree that in order to
remedy the violations described above and to bring this operation into compliance with
the Roanoke County Zoning Ordinance, the Whitlows shall:
A. Provide access for Roanoke County personnel to the entire property
including active and non-active areas used for the business operations, and all records
pertaining to the business operations of Whitlow Auto Crushers and Sales, at any
reasonable time during normal business hours, with or without advance notice. The
Zoning Administrator shall provide advance notice to Whitlow for access to business
records. Such access shall be provided for the purposes of inspection, investigation,
2
evaluation, testing, sampling, corrective action, or other remedial measures.
B. Whitlow shall reduce the acreage used for business operations to the
approximate acreage necessary to be in compliance with the status of the business
operations in 1970. This area is identified as "The August 1999 Use and Operations
Area" and consists of approximately 17.5 acres. The reduction in acreage and use of the
business to approximately the acreage and use in effect in 1970 shall be accomplished
within 18 months of the date this Consent Order is approved by the Board of Supervisors.
C. Whitlow shall reduce the acreage and use of the business to the area shown
on Exhibit 1 on or before within the 18 month period set out above. This reduction in
use and business operations shall include the following: reduce and remove junk cars;
remove trash, garbage, and rubbish, including gasoline tanks, batteries, and tires, and
dispose of all materials in accordance with the provisions of law.
D. The specific uses to be made of the 17.5 -acre property in conjunction with
the operation of Whitlow Auto Crushers and Sales is limited as follows: (i) to crush
vehicles, (ii) to salvage metals, and (iii) to recycle materials from vehicles. All tires from
vehicles to be disposed of in accordance with provisions of law. All batteries will be sold
to battery recycling operations or otherwise disposed of in accordance with the provisions
of law.
E. Exhibit 1 delineates the approximate 1970 use and operation area as well
as six additional sub -areas outside of the 1970 use and operation area. Whitlow agrees
to remove all junk cars and parts of cars, trash, garbage and rubbish from each of the sub-
areas outside of the approximate 1970 use and operation area, sequentially, beginning
with sub -area 1, every 3 months. At the conclusion of each 3 month period, Roanoke
County personnel shall inspect the compliance efforts for each sub -area or sector.
Although it is preferable to crush and remove motor vehicles from each sector or sub -area,
the County acknowledges that market conditions may require the storage of these motor
vehicles on-site within the approximate 1970 use and operation area. If the motor
3
Paw
vehicles can not be removed from the property, then the motor vehicles will be removed
from each sector or sub -area and stored within the approximate 1970 use and operation
area. By dividing the compliance work into six 3 -month phases, the parties believe that
this would permit reasonable compliance monitoring of the reduction and removal of junk
cars and motor vehicles, and compliance with the provisions of the County Code. This
removal work is subject to adverse weather conditions which may require additional time
for compliance. If Whitlow requires additional time for removal work due to adverse
weather conditions, then Whitlow shall immediately notify the Zoning Administrator of
such conditions.
F. As each sector or sub -area is remediated, Whitlow agrees to stabilize the
soils and to plant vegetation on all areas no longer used for business operations.
G. Whitlow agrees to prepare and submit for approval, if required by County,
an erosion and sedimentation control plan for all new roads constructed for the
remediation work.
H. Whitlow agrees to reforest cleared areas with a mixture of pine trees and
hardwoods in accordance with a forest management plan to be submitted to the county
within three months of the completion of work in each sub -area as weather permits.
I. This fencing requirement in the County Zoning Ordinance may be
adjusted by the Zoning Administrator to account for the topography of the site and the
ability of the public to view the automobile graveyard from the public right-of-way.
J. Whitlow agrees that no further expansion of the business operations will
occur outside the 17.5 acres without specific approval and/or rezoning by the County.
Whitlow agrees that any additional automobiles or junk cars brought to the property shall
be located only within the designated August 1999 use and operation area.
K. No other use shall be made of this property, unless in accordance with the
provisions of the Roanoke County Zoning Ordinance.
M
Section 4. Administrative Provisions.
A. The County may modify, rewrite, or amend this Consent Order with the
consent of Whitlow for good cause shown by Whitlow or on its own motion after notice
to Whitlow and opportunity to be heard.
B. This Consent Order addresses only the zoning violations specifically
identified herein. This Consent Order shall not preclude the County or the Zoning
Administrator from taking any action authorized by law including, but not limited to, (i)
taking any action authorized by law regarding any additional subsequent or subsequently
discovered violations; (ii) seeking subsequent remediation of the property as may be
authorized by law; and/or (iii) taking subsequent action to enforce the terms of this
Consent Order provided not in contravention with this Order. Nothing herein shall effect
appropriate enforcement actions by other Federal, State, or other regulatory authorities
whether or not arising out of the same or similar facts.
C. For purposes of this Consent Order or subsequent actions with respect to
this Consent Order, Mr. and Mrs. Whitlow and Whitlow Auto Crushers and Sales admits
the jurisdictional allegations, factual findings, and conclusions of law contained herein.
Mr. and Mrs. Whitlow and Whitlow Auto Crushers and Sales declare that they have
received fair and due process under the Constitution, 1950 Code of Virginia, as amended,
and the Roanoke County Code and they waive the right to any hearing or other
administrative proceeding authorized or required by law or regulation and to judicial
review of issue of fact or law contained herein. Nothing herein shall be construed as a
waiver of the right to any administrative proceeding or to judicial review of any action
taken by the County or the Zoning Administrator to enforce this Consent Order.
D. Failure by Mr. or Mrs. Whitlow or Whitlow Auto Crushers and Sales to
comply with any of the terms of this Consent Order shall constitute a violation of an
order of the Zoning Administrator. Nothing herein shall waive the initiation of an
appropriate enforcement action or the issuance of additional orders as appropriate by the
R
J-10
County or the Zoning Administrator as a result of such violations. Nothing herein shall
effect appropriate enforcement actions by any other Federal, State, or other local
regulatory authority.
E. If any provision of this consent order is found to be unenforceable for any
reason, the remainder of the Consent Order shall remain in full force and effect.
F. Mr. and Mrs. Whitlow and Whitlow Auto Crushers and Sales shall be
responsible for failure to comply with any of the terms and conditions of this Consent
Order unless compliance is made impossible by earthquake, flood, or other act of God or
strike or other such occurrences. Mr. and Mrs. Whitlow or Whitlow Auto Crushers and
Sales must show that the circumstances resulting in the noncompliance were beyond their
control and were not due to a lack of good faith or diligence on their part. Mr. and Mrs.
Whitlow or Whitlow Auto Crushers and Sales shall notify the Zoning Administrator in
writing when circumstances are anticipated to occur, are occurring, or have occurred that
may delay compliance or cause non-compliance with any requirement of this Consent
Order. Failure to so notify the Zoning Administrator as soon as reasonably practical
under the circumstances then existing shall constitute a waiver of any claim of any
inability to comply with the requirement of this Consent Order.
G. This Consent Order is subject to the approval of the Board of Supervisors
of Roanoke County, Virginia, and upon approval, is binding upon the parties hereto, their
successors in interest, designees, and assigns, jointly and severally. If this Consent Order
is not approved by the Board of Supervisors by September 28, 1999, then it shall be null
and void.
H. This Consent Order shall continue in effect until (i) Mr. and Mrs. Whitlow
and Whitlow Auto Crushers and Sales petitions the Zoning Administrator to terminate
the Consent Order after they have completed all requirements of the Consent Order, or
(ii) the Zoning Administrator may terminate this Consent Order in his sole discretion
upon 30 days written notice to Mr. and Mrs. Whitlow and Whitlow Auto Crushers and
16
Sales. Whitlow may appeal this decision to terminate this Consent Order as otherwise
provided by law. Termination of this Consent Order or of any obligations imposed in this
Consent Order shall not operate to relieve Mr. and Mrs. Whitlow and Whitlow Auto
Crushers and Sales from their obligation to comply with any statute, regulation, permit
condition, ordinance, other order or requirement otherwise applicable.
I. So long as Whitlow Auto Crushers and Sales are making reasonable
compliance efforts with the requirements of this Consent Order, and satisfying the
sequential reduction in the number of junk cars and removal of junk cars, trash, garbage,
refuse from each of the sectors or sub -areas in accordance with the schedule contained
herein, then the Zoning Administrator may endorse his approval for the zoning
compliance certification to the Department of Motor Vehicles, Dealer Services Division
for the continued use and operation of this property by Whitlow Auto Crushers and Sales
and thereafter he shall endorse if we are not in violation of this Order.
J. By their signatures below, Mr. and Mrs. Whitlow and Whitlow Auto
Crushers and Sales voluntarily agree to the issuance of this Consent Order.
r
Joy Leon Whitlow
-1 - - - g C�C�
Virgi ice Whitlow
WHITLOW AUTO CRUSHER AND SALES
` S
r,
By Joy Leon Whitlow, President
xzz
Terrance Harrington
Zoning Administrator
7
J-10
State of Virginia,
County of Roanoke, to -wit:
The foregoing instrument was acknowledged before me this day of
r , 1999, by Joy Leon Whitlow and Virginia Alice Whitlow,
individually, and by Joy Leon Whitlow as President of Whitlow Auto Crushers and Sales.
Notary Public
My commission expires: 1 a d
State of Virginia,
County of Roanoke, to -wit:
The foregoing instrument was acknowledged before me this f7 day of
1999, by Terrance Harrington, Zoning Administrator.
Notary Public
My commission expires: hA.,,31YUCO
U:\WPDOCS\ZONINGkwH[TLO W AcONSENT.ORD
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A -091499-9.j
ACTION NO.
ITEM NO. iI
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: September 14, 1999
AGENDA ITEM: Donation of various easements to the Board of Supervisors of Roanoke
County by Radford & Company in connection with development of McVitty
Forest
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
This consent agenda item involves the donation of the following easements by Radford &
Company to the Board of Supervisors in relation to McVitty Forest in the Cave Spring Magisterial
District of the County of Roanoke.
a) Donation of a perpetual 30 -foot greenway easement extending generally along the
northerly border of the property adjacent to Virginia Route 419 (Electric Road) as
shown on "Plat Showing Easements Within McVitty Forest, Property of Radford &
Company, to be Dedicated to Roanoke County, Virginia," prepared by Lumsden
Associates, P. C., under date of October 20, 1997, to be recorded in the Clerk's
Office of the Circuit Court of Roanoke County, a copy of which will be available at the
Board meeting.
b) A greenway easement generally along Mud Lick Creek, of variable width, identified
as the New Greenway Easement, extending from Virginia Route 419 to the northerly
side of McVitty Road as shown on the aforesaid Plat.
c) A stormwater management easement extending generally on both sides of Mud Lick
Creek as shown in the cross -hatched area and identified as the "Area contained by
Floodway Dedicated to Roanoke County as a Stormwater Management Easement"
as shown on the aforesaid Plat.
d) A 20 -foot sanitary sewer easement identified as the New 20 -foot Sewer Easement
extending generally along the northerly portion of the subject property as shown on
the aforesaid Plat.
e) 20 -foot water line easements extending from the following points, all as shown on
the aforesaid plat: extending from Point W1 to W14; extending from Point W10a to
W10b.
f) 10 -foot water line easements extending from the following points, all as shown on
the aforesaid Plat: extending from Point W7a to W7b; extending from Point W7c to
W7d; extending from Point W8a to W8c; extending from Point W8d to W8e;
extending from Point W10c to W10d; extending from Point W10e to W10f.
The location and dimensions of this property has been reviewed and approved by County
staff.
STAFF RECOMMENDATION:
Staff recommends acceptance of these easements.
Approved (x)
Denied ( )
Received ( )
Referred ( )
To ( )
Respectfully submitted,
W ' 1 , V
Paul M. Mahoney
County Attorney
ACTION
Motion by: Bob L. Johnson to approve
cc: File
Paul M. Mahoney, County Attorney
Arnold Covey, Director, Community Development
Gary Robertson, Director, Utility
U:\WPDOCS\AGENDA\REALEST\MCVrM.EST
VOTE
No Yes Abs
Johnson _ x _
Harrison _ x
McNamara_ x _
Minnix _ x
Nickens _ x
ACTION NO. A-091499-10
ITEM NUMBER P-2
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER
MEETING DATE: September 14, 1999
AGENDA ITEM: Approval of increase in the scope and funding for new South
County High School
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION
This action was taken in open session following a work session of the Board of
Supervisors at the September 14, 1999 meeting to hear an update on the progress of the
discussions on school construction projects by Supervisors McNamara and Nickens.
Supervisor Johnson moved that the scope of the South County high school be
increased from $28,231,150 to $30 Million with $800,000 of that coming from the School's
Fiscal Year 1998/99 year end rollover; and that the School Board instruct the architects to
move forward with the schedule so that the new school will open in July, 2002. The motion
carried by a unanimous recorded vote.
Approved (x)
Denied ( )
Received ( )
Referred ( )
To ( )
ACTION
Motion by: Motion by Supervisor Johnson Johnson
as stated above Harrison
cc: File
Diane D. Hyatt, Director, Finance
Dr. Deanna Gordon, School Superintendent
Brenda Chastain, Clerk, School Board
VOTE
No Yes Abs
x _
McNamara_
Minnix _
Nickens
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
ON SEPTEMBER 14, 1999
RESOLUTION 091499-11 CERTIFYING THE CLOSED MEETING WAS
HELD IN CONFORMITY WITH THE CODE OF VIRGINIA
WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened
a closed 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 closed 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 closed meeting which this certification resolution
applies, and
2. Only such public business matters as were identified in the motion convening the
closed 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 Minnix, Harrison, Nickens. Johnson
NAYS: None
ABSENT: Supervisor McNamara
A COPY TESTE:
Mary H. Allen, CMC/AAE
Clerk to the Board of Supervisors
cc: File
Closed Session File