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HomeMy WebLinkAbout10/26/1999 - Adopted Board RecordsACTION CTION NO. 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 26, 1999 AGENDA ITEM: Request from Social Service Department to Appropriate $41,800 for Temporary Assistance to Needy Families - Family Violence Intervention Services COUNTY ADMINISTRATOR'S COMMENTS: BACKGROUND: A new policy in the Temporary Assistance to Needy Families (formerly AFDC) program requires the local department of Social Services to screen TANF applicants for family violence and offer services to reduce or eliminate this barrier to employment. The Department of Social Services submitted a proposal and was approved to receive $41,800 for the employment of a full time social worker to provide family violence intervention services. This is an additional 12 month appropriation and can be rolled over in the State budget in June 2000. The Department will also be allowed to request continued funding after the initial 12 month period. This Family Violence Intervention Worker position is the first approved position of this kind in the State. We believe that family violence exists in a large number of the Welfare to Work caseload. This worker will complete an initial screening in our office for family violence and when violence exists in the household, the worker will then go to the home to complete a more thorough assessment. Services to be provided will include assessment, case management, transportation, referral to community resources, and intervention services. This proposal was developed with the assistance of Judge Philip Trompeter, J and D Court, Project LINK (substance abuse treatment with Blue Ridge Community Services), Roanoke County Police Department and the Domestic Violence Coalition. 1 C:�-- i The Board of Supervisors is requested to appropriate $41,800 to the Social Services 99/00 budget and to appropriate the same revenues to the County. Additionally, the Board is requested to allow the employment of a grant funded temporary full time position with benefits for the duration of this allocated funding, specifically for family violence intervention. FISCAL IMPACT: None. The requested appropriation is 100% reimbursable Federal money made available to the locality by the State Department of Social Services. STAFF RECOMMENDATION: Staff recommends appropriation of $41,800 to the 99/00 Social Services budget for the Temporary Assistance to Needy Families program and to allow the employment of a grant funded temporary full time social worker with benefits. Respectfully submitted, Approved by, . 91-v E C . yn� , '96;0�v� Betty R. cCrary, Ph.D. Elmer C. Hodge Director of Social Services County Administrator ------------------------------------------------------------------------------------------------------------------ ACTION VOTE No Yes Abs Approved (x) Motion by: Har[y C. Nickens to appropriate Johnson _ x _ Denied () funds Harrison _ x Received () McNamara_ x Referred () Minnix — x To () Nickens _ x _ cc: File Dr. Betty McCrary, Director, Social Services Brent Robertson, Budget Manager John M. Chambliss, Jr., Assistant Administrator Diane D. Hyatt, Director, Finance 2 A-102699-2 ACTION NO. ITEM NO. E -- AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: October 26, 1999 AGENDA ITEM: Roanoke County Compliance with Pre -Grant Community Development Block Grant Requirements (CDBG); Adoption of Local Business and Employment Plan, Fair Housing Certification, and Residential Anti - Displacement and Relocation Assistance Plan COUNTY ADMINISTRATOR'S COMMENTS: 040- BACKGROUND: Roanoke County has been notified by the Virginia Department of Housing and Community Development that the County is eligible to receive a $700,000 Community Development Block Grant for the Advance Auto Parts/Boxley Hills Stormwater Improvement Project. The project involves the construction of upgraded and new stormwater management facilities in the Boxley Hills community. Completion of these facilities will allow the expansion of the corporate offices of Advance Auto Parts Inc., with the corresponding employment and economic benefits. The actual grant award is contingent upon many factors, including completion of a variety of pre -grant requirements. Three of these requirements are: 1. Adoption of a Local Business and Employment Plan, 2. Adoption of a Fair Housing Certification, and 3. Adoption of a Residential Anti -Displacement and Relocation Assistance Plan The Local Business and Employment Plan (attached) identifies those items necessary and likely to occur through the use of E -( ' F grant funds, and provides that the county will identify, through public advertisement, the concerns of any businesses that may provide services, supplies, or serve the construction needs of the project. The Fair Housing Certification (attached) requires the County to take at least one action annually for the life of the project that affirms our commitment to fair housing. A list of allowable actions is also attached. Finally, the Residential Anti -Displacement and Relocation Assistance Plan provides policies and procedures for the displacement and relocation of any low -moderate income persons displaced by the project activities. Roanoke County does not intend, and will not displace, any person as a result of this project. However, the adoption of the plan is a requirement that must be met prior to grant award. FISCAL IMPACT: Adoption of these documents is a requirement to receive the $700,000 grant award. STAFF RECOMMENDATION: Staff recommends that the Board approve the Local Business and Employment Plan, Fair Housing Certification, and Residential Anti -Displacement and Relocation Assistance Plan. Respectfully Submitted, Approved, i Terrance L. Har ngton, AICP Elmer C. Hod e Department of Community Development County Administrator Approved (x) Denied ( ) Received ( ) Referred ( ) To ( ) ACTION Motion by: Bob L. Johnson to approve staff recommendation cc: File Terrance L. Harrington, County Planner VOTE No Yes Abs Johnson _ x Harrison _ x _ McNamara_ x Minnix _ x _ Nickens x A-102699-2 . a Roanoke County Local Business and Employment Plan October 1999 Advance Auto Parts Inc. / Boxley Hills Stormwater Improvement Project. The County of Roanoke designates as its Local Business and Employment Area the boundaries of Roanoke County, Virginia 2. The County of Roanoke, its contractors, and designated third parties shall in utilizing Community Improvement Grant funds utilize businesses and lower income residents of the Project Area in carrying out all activities, to the greatest extent feasible. 3. In awarding contracts, for work and for procurement of materials, equipment, or services, the County of Roanoke, its contractors, and designated third parties shall take the following steps to utilize businesses which are located in or owned in substantial part by persons residing in the Project Area: (a) The County of Roanoke shall ascertain what work and procurements are likely to take place through the Community Improvement Grant Funds. (b) The County of Roanoke shall ascertain through various and appropriate sources including the Roanoke Times, the business owners within the project area who are likely to provide materials, equipment, and services which will be utilized in the activities funded through the Community Improvement Grant. (c) The identified business concerns shall be apprised of opportunities to submit bids, quotes or proposals for work or procurement contracts which utilize CIG funds. (d) To the greatest extent feasible, the identified businesses and any other project area business concerns shall be utilized in activities which are funded with CIGs. 4. In the utilization of trainees or employees for activities funded through CIGs, the County of Roanoke, its contractors, and designated third parties shall take the following steps to utilize lower income persons residing in the project area: (a) The County of Roanoke, in consultation with its contractors, (including design professionals) shall ascertain the types and number of positions for both trainees and employees which are likely to be utilized during the project funded by the CIGs (b) The County of Roanoke shall advertise through the Roanoke Times, and Governmental Access Message Board (Channel 3) the availability of such positions with the information on how to apply. (c) The County of Roanoke, its contractors, and designated third parties shall be required to maintain a record of inquiries and applications by project area residents who respond to advertisements, and shall maintain a record of the status of such inquiries and applications. (d) To the greatest extent feasible, the County of Roanoke, its contractors, and designated third parties shall utilize lower income project area residents in filling training and employment positions necessary for implementing activities funded by CIGs. In order to ascertain substantial compliance with the above affirmative actions and Section 3 of the Housing and Community Development Act of 1968, the County of Roanoke shall keep and require to be kept by contractors and designated third parties, listings of all persons employed and all procurements made through the implementation of activities funded by CIGs. Such listings shall be completed and shall be verified by site visits and interviews, cross checking of payroll reports, and invoices, and through audits, if necessary. Approved (x) Denied ( ) Received ( ) Referred ( ) To ( ) ACTION Motion by: Bob L. Johnson to approve adoption of Local Business and Employ- ment Plan cc: File Terrance L. Harrington, County Planner 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, OCTOBER 26, 1999, RESOLUTION 102699-2.b OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, PERTAINING TO THE ADOPTION OF A FAIR HOUSING CERTIFICATION WHEREAS, the County of Roanoke, Virginia, has ben offered and intends to accept federal funds authorized under the Housing and Community Development Act of 1974, as amended; and WHEREAS, recipients of funding under the Act are required to take action to affirmatively further fair housing. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors agrees to take at least one action to affirmatively further fair housing each grant year, during the life of the project funded with Community Development Block Grant funds. The action taken will be selected from a list provided by the Virginia Department of Housing and Community Development. On motion of Supervisor Johnson to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None A COPY TESTE: Brenda J. Ho on, CMC Deputy Clerk to the Board of Supervisors cc: File Terrance L. Harrington, County Planner M A -102699-2.c Roanoke County Residential Anti -Displacement and Relocation Assistance Plan October 1999 Advance Auto Parts Inc. / Boxley Hills Stormwater Improvement Project The County of Roanoke will replace all occupied and vacant occupiable low / moderate - income dwelling units demolished or converted to a use other than as low / moderate income dwelling units as a direct result of activities assisted with funds provided under the Housing and Community Development Act of 1974 as amended. All replacement housing will be provided within three (3) years of the commencement of the demolition or rehabilitation relating to the conversion. Before obligating or expending funds that will directly result in such demolition or conversion, the County of Roanoke will make public and advise the state that it is undertaking such an activity and will submit to the state, in writing, information that identifies: (1) a description of the proposed assisted activity; (2) the general location on a map and approximate number of dwelling units by size (number of bedrooms) that will be demolished or converted to a use other than as low/moderate-income dwelling units as a direct result of the assisted activity; (3) a time schedule for the commencement and completion of the demolition or conversion; (4) the general location on a map and approximate number of dwelling units by size (number of bedrooms) that will be provided as replacement dwelling units; (5) the source of funding and a time schedule for the provision of replacement dwelling units; (6) the basis for concluding that each replacement dwelling unit will remain a low / moderate -income dwelling unit for at least 10 years from the date of initial occupancy; and (7) information demonstrating that any proposed replacement of dwelling units with smaller dwelling units is consistent with the housing needs of low - and moderate income households in the jurisdiction. The County of Roanoke will provide relocation assistance to each low/moderate- income household displaced by the demolition of housing or by the direct result of assisted activities. Such assistance shall be provided under Section 104 (d) of the Housing and Community Development Act of 1974, as amended, or the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. r The County of Roanoke's FY 1999 project includes the following activities: • Installation of Approximately 175 LF of 15 inch drain pipe • Installation of Approximately 290 LF of 18 inch drain pipe • Installation of Approximately 1,316 LF of 30 inch drain pipe • Installation of Approximately 549 LF of 36 inch drain pipe • Installation of Approximately 670 LF of 42 inch drain pipe • 17 curb inlets • 2,800 LF of curb and gutter • 2 manholes • Construction of a 100,000 square foot industrial expansion The activities as planned will not cause any displacement from or conversion of occupiable structures. As planned, the project calls for the use of existing right of way, or easements to be purchased or the acquisition of tracts of land that do not contain housing. The County of Roanoke will work with the grant management staff, engineers, project area residents, and the Department of Housing and community Development to insure that any changes in .project activities do not cause any displacement from or conversion to occupiable structures. Approved (x) Denied ( ) Received ( ) Referred ( ) To ( ) ACTION Motion by: Bob L. Johnson to approve adoption of Residential Anti -Displacement and Relocation Assistant Plan cc: File Terrance L. Harrington, County Planner 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 ATTHE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, OCTOBER 26, 1999 ORDINANCE 102699-3 AUTHORIZING THE ACQUISITION OF CERTAIN REAL ESTATE FROM WALTER D. VINYARD AND N. CHRISTIAN VINYARD CONSISTING OF APPROXIMATELY 9.062 ACRES, MORE OR LESS, (BEING IDENTIFIED AS CITY TAX MAP PARCEL 7020102), FOR PUBLIC PARK PURPOSES WHEREAS, Walter Darnell and Claiborne W. Vinyard have previously donated to Roanoke County two parcels of real estate used by the Department of Parks and Recreation as Vinyard Park and Vinyard Park II; and, WHEREAS, additional real estate consisting of approximately 9.062 acres owned by Walter D. Vinyard and N. Christian Vinyard, and adjacent to Vinyard Park II is available for sale at the price of $40,000; and, WHEREAS, the acquisition of this real estate will enhance the access to Vinyard Park II and protect the public interest in same; and, WHEREAS, Section 18.04 of the Roanoke County Charter directs that the acquisition and conveyance of real estate interests be accomplished by ordinance; the first reading of this ordinance was held on October 12, 1999; the second reading was held on October 26, 1999. THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the exercise of the option agreement to acquire 9.062 acres of real estate located in the City of Roanoke owned by Walter D. Vinyard and N. Christian Vinyard for the sum of Forty Thousand ($40,000.00) Dollars is hereby authorized and approved. 2. That, there is hereby appropriated the sum of Forty One Thousand ($41,000.00) Dollars from the Capital Fund Unappropriated Balance to pay all the costs of this acquisition. 3. Thatthe County Administrator or Assistant County Administrators are hereby authorized to execute such documents and take such actions on behalf of Roanoke County in this matter as are necessary to accomplish the acquisition of this real estate, 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 Nickens to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens NAYS: None ABSTAIN: Supervisor Johnson A COPY TESTE: &t&e& Q. A— Brenda J. Holto , CMC Deputy Clerk to the Board of Supervisors cc: File John M. Chambliss, Jr., Assistant Administrator Pete Haislip, Director, Parks & Recreation 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, OCTOBER 26, 1999 RESOLUTION 102699-4 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM J -CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the certain section of the agenda of the Board of Supervisors for October 26, 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 4, inclusive, as follows: 1. Request from the Police Department to accept a $500 donation from the Roanoke Moose Lodge and $1,000 donation from Lowe's for the D.A.R.E.. Program. 2. Request for acceptance of grants from Bureau of Justice Assistance under the Bulletproof Vest Partnership Act of 1998: (a) Police Department for $4,000 (b) Sheriffs Office for $4,000 3. Request from the Schools to accept grants of $5,316.40 and $5,151.84 from State Department of Education for School Performance Report Card Postage 4. Request to ratify announcement of date change of Halloween celebration. 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 acceptance of donation from Lowe's added to Item 1, and carried by the following recorded vote: 1 AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None A COPY TESTE: Brenda J. Holto , CMC Deputy Clerk to the Board of Supervisors cc: File James R. Lavinder, Chief of Police Diane D. Hyatt, Director, Finance Gerald S. Holt, Sheriff C. Ben Helmandollar, Associate Director of Testing Dr. Deanna Gordon, School Superintendent Brenda Chastain, Clerk, School Board Anne Marie Green, Director, Community Relations 2 A-102699-4 . a ACTION NO. ITEM NUMBER: AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA AT THE ROANOKE COUNTY ADMINISTRATIVE CENTER MEETING DATE: October 26, 1999 AGENDA ITEM: Request from the Police Department to accept a $500 donation from the Roanoke Moose Lodge and $1,000 donation from Lowe's for the D.A.R.E. Program. r 1 v COUNTY ADMINISTRATOR'S COMMENTS: BACKGROUND: The Roanoke Moose Lodge provided the Roanoke County Police Department a check in the amount of $500.00 for support of the D.A.R.E. program. These funds support drug resistance education and enhance the services provided by the Police Department's School Services Unit. There is no matching fund associated with this donation. SUMMARY OF INFORMATION: FISCAL IMPACT: This donation will enhance operations of the Police Department's D.A.R.E. program. STAFF RECOMMENDATIONS: The staff recommends acceptance of the donation. S NUTTED Y: APPROVED: hief of P lice Chief of Police County Administrator ACTION VOTE No Yes Abs Approved (x) Motion by: Bob L Johnson to approve Johnson — x Denied () and add acceptance of $1,000 donation Harrison — x Received () from Lowe's to Police Dept for D.A.R.E. McNamara_ x Referred () Minnix x To () Nickens _ x cc: File James R. Lavinder, Chief of Police Diane D. Hyatt, Director, Finance A-102699-4 . b ACTION NO. ITEM NUMBER 7 �• a— AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA AT THE ROANOKE COUNTY ADMINISTRATIVE CENTER MEETING DATE: October 26, 1999 AGENDA ITEM: Request from the Police Department for acceptance of Department of Justice Ballistic Vest Grant for $4,0000 COUNTY ADMINISTRATOR'S COMMENTS: BACKGROUND: The County of Roanoke applied for grant monies from the Department of Justice to purchase ballistic vests for law enforcement personnel. The grant application listed requests from both the Police Department and Sheriffs Office. These grant monies were available under a 50150 match program and the County was awarded a total of $8,000. SUMMARY OF INFORMATION: The ballistic vests used by County law enforcement officers are fitted to individual officers and have a five to ten year lifespan, depending upon manufacturer. Officers from the Police Department are mandated by policy to wear the ballistic vest when performing law enforcement duties. To ensure the maximum safety to the public safety officers, the Departments need to replace and update expired ballistic vests. FISCAL IMPACT: The grant period is effective beginning immediately and expiring on September 30, 2000. A total of $8,000 was awarded, $4,000 to the Police Department and $4,000 to the Sheriffs Office. The 50150 grant requires the recipient to match the grant award by providing an equal amount. The Police and Sheriffs Office have funds in their existing budget to cover the match for this grant. STAFF RECOMMENDATIONS: The staff recommends acceptance of the ballistic vest grant from the Department of Justice. SUBNETTED BY: AP VED: i lief of Po ce 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 James R. Lavinder, Chief of Police Diane D. Hyatt, Director, Finance ACTION NO. A -102699-4.c ITEM NO. i,T c• AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: October 26, 1999 AGENDA ITEM: The Sheriff's Office requests the acceptance of a federal grant approved under the Bulletproof Vest Partnership Grant Act of 1998 from the Bureau of Justice Assistance. COUNTY ADMINISTRATOR'S COMMENTS: 4.7_. BACKGROUND: The Sheriff's Office, in conjunction with the Roanoke County Police Department, applied to the Bureau of Justice Assistance for funding under the Bulletproof Vest Partnership Grant Act of 1998. The grant was approved by Internet e-mail to Mr. Elmer Hodge, County Administrator, and Ms. Lisa Ward, Finance. (See Attachment A) This grant would allow the Sheriffs Office to purchase bulletproof vests to provide heightened protection for Court Bailiffs in the Court Services Division and for Transportation Deputies in the Corrections Division. The Police Department and the Sheriffs Office received a joint award of $8,000. The Departments will split the award and file separate Board Reports stating use and matching fund availability. With the required cash matching funds (50%/50%), the total amount of the award approved by the Board will be $8,000 for the Sheriff's Office. The Sheriff's Office will match the $4,000 awarded by the Bureau of Justice Assistance from the Confiscated Property -Sheriff Account for a total of $8,000 available to purchase vests. SUMMARY OF INFORMATION: I request that the Board of Supervisors accept the grant award from the Bureau of Justice Assistance for the purchase of bulletproof vests for Sheriffs Office personnel. FISCAL IMPACT: None. Matching funds are available in the Sheriff's budget. ALTERNATIVES: None. STAFF RECOMMENDATION: Staff recommends approval. Respectfully submitted, Approved by, Gerald S. Holt Elmer C. Hodge, r. Sheriff 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 Gerald S. Holt, Sheriff Diane D. Hyatt, Director, Finance Forwarded by: Forwarded to: Date forwarded: Date sent: From: To: Subject: Copies to: Attachment A Page 1 "Lisa Ward" <ADM01/LSW> shf01/crh Thu, 14 Oct 1999 09:57:53 +0000 Wed, 13 Oct 1999 23:18:17 -0400 vests@reisys.com ehodge@www.co.roanoke.va.us, (ward@www.co.roanok Your BVP Application for Funding has been Approved vestsmail@reisys.com, WATKINSR@ojp.usdoj.gov 1999 Application Approval Partial Funding The Bureau of Justice Assistance (BJA) is pleased to inform you that your application for funding under the Bulletproof Vest Partnership Grant Act of 1998 has been approved. The approved Federal share for your jurisdiction, ROANOKE COUNTY, is: $ 8000.00 Partial Funding: Based upon the results of initial applications, available resources may not be sufficient to cover all requests this year. Therefore, partial funding is being provided to ensure that your jurisdiction receives a portion of the requested funds as soon as possible. Payment levels were established using jurisdiction population, available funding, and statutory program set -asides based upon jurisdiction size. Program funds remaining after all partial payments are made will be used to provide supplemental payments in October and November, 1999. Your chief executive (or designee) is responsible for determining the process through which the partial funding is used to meet individual law enforcement agency vest needs identified in the approved application. Purchasing and Receiving Vests: You may now proceed with ordering the vests identified in your application, in accordance with your procurement policies and available funding. As this notification is only sent to jurisdictions, we request that you convey this approval to any law enforcement agencies included in your application. Once purchased vests have been delivered to law enforcement agencies, an on-line receiving report must be completed. The jurisdiction then requests payment from BJA to cover up to 50% of the cost of the vests received. Jurisdictions are responsible for ensuring that purchased vests are in compliance with applicable program standards, that the invoiced prices do not include unrelated law enforcement equipment, and that program payments do not Charles Hart -- 1 -- Tue, 19 Oct 1999 13:42:25 Attachment A Page 2 exceed 50% of the cost of purchased vests under this program. PLEASE NOTE: The electronic payment process for the BPV program is in the final stages of development. We anticipate that it will take at least several more weeks before the system is available for processing requests for payment. Please withhold such requests pending further notice. We will provide routine updates on this issue at http://vests.ojp.gov to ensure you make informed, timely purchasing decisions. Electronic Funds Transfer: When BJA receives the jurisdiction's request for funding, funds are electronically transferred from the U.S. Treasury to the jurisdiction's bank account, as identified during the on-line registration process. Each jurisdiction is responsible for facilitating prompt payment to vest vendors. Please direct questions about this program to the technical support staff at 1-877-75VESTS (1-877-758-3787). Thank you. Charles Hart --2-- Tue, 19 Oct 1999 13:42:25 A -102699-4.d ACTION # ITEM NUMBER MEETING DATE: October 26, 1999 AGENDA ITEM: Request from the Schools to accept grants of $5,316.40 and $5,151.84 from State Department of Education for School Performance Report Card Postage COUNTY ADMINISTRATOR'S COMMENTS: J BACKGROUND: The State Department of Education has transferred $5,316.40 and $5,151.84 to Roanoke County to pay the postage for mailing the School Performance Report Cards to all parents of students in Roanoke County Schools in two mailings. SUMMARY OF INFORMATION: Funds will be deposited in the elementary and secondary testing postage account and allocated to schools based on 110i of fall membership @ 33 cents per student. Checks will be sent directly to the schools from the account. A small overage will remain to provide postage for requests for school information at the central office and to cover additional requests from schools. FISCAL IMPACT: All postage will be paid by the grant unless schools include inserts weighing more than one ounce. STAFF RECOMMENDATION: Approval of the request for appropriation of the postage grants totaling $5 .40 and 5,151.84 to the elementary and secondary testing pos a ac un . ZILL C. Ben Helmandollar Associate Director of Testing el"'W 'W9� Elmer C. Hodg County Administrator ACTION VOTE No Yes Approved (x) Motion by: Bob L. Johnson to approve Johnson _ x Denied ( ) Harrison _ x Received ( ) McNamara_ x Referred ( ) Minnix _ x To ( ) Nickens _ x cc: File C. Ben Helmandollar, Associate of Testing Diane D. Hyatt, Director, Finance Dr. Deanna Gordon, School Superintendent Brenda Chastain, Clerk, School Board Abs A-102699-4. e Item No. :T-4 AT A REGULAR MEETING OF THE ROANOKE COUNTY, VIRGINIA BOARD OF SUPERVISORS, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, ROANOKE COUNTY, VIRGINIA MEETING DATE: October 26, 1999 AGENDA ITEM: Request to ratify announcement of date change of Halloween celebration COUNTY ADMINISTRATOR'S COMMENTS: BACKGROUND: On Wednesday, October 20, 1999, Roanoke City Council voted to change the City's Halloween celebration from Sunday, October 31 to Saturday, October 30, with trick or treating occurring between the hours of 5:30 and 8:30. Prior to that action, the Valley governments had agreed to keep the celebration on October 31. Based on discussions with the other local governments and members of the Board, County staff announced that Roanoke County would also observe Halloween on October 30 from 5:30 to 8:30 pm, in order to remain consistent with the other jurisdictions. The announcement was made on October 21, so that citizens would have as much time as possible to plan their activities for that weekend and to keep confusion to a minimum. The Town of Vinton has announced the change as well and the City of Salem has added the issue to its October 25 agenda. The last time the Halloween celebration date was changed was in 1993, and at that time, the Board took official action in September to make that change. Due to the short time frame this year, the public has already been notified, and the Board needs to ratify that announcement. FISCAL IMPACT: None ALTERNATIVES: 1. Ratify the October 21 announcement that the Halloween celebration will be changed from Sunday, October 31, to Saturday, October 30 with trick or treating occurring between 5:30 and 8:30 p.m., so that Roanoke County will be consistent with the other Roanoke Valley jurisdictions. 1 2. Make no change in the celebration date of Halloween. STAFF RECOMMENDATION: Staff recommends Alternative 1, so that the celebration of Halloween will be consistent throughout the Roanoke Valley. Anne Marie Green, APR Director, Community Relations Respectfully submitted, 941-t- X'ers� Elmer C. Hodge County Administrator ACTION Approved (x) Motion by: Bob L. Johnson to approve Denied ( ) Received ( ) Referred ( ) To ( 1 cc: File Anne Marie Green, Director, Community Relations 2 VOTE No Yes Johnson _ x Harrison _ x McNamara_ x Minnix _ x Nickens x Abs AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON OCTOBER 26, 1999 RESOLUTION 102699-5 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 McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None A COPY TESTE: Brenda J. Hofton, CMC Deputy Clerk to the Board of Supervisors cc: File Closed Session File AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER HELD ON TUESDAY, OCTOBER 26, 1999 ORDINANCE 102699-6 APPROVING A VOLUNTARY SETTLEMENT AGREEMENT, ENTITLED "GAIN SHARING AGREEMENT BETWEEN THE TOWN OF VINTON AND THE COUNTY OF ROANOKE", PURSUANT TO SECTION 15.2-3400 OF THE 1950 CODE OF VIRGINIA, AND AUTHORIZING A PETITION TO THE CIRCUIT COURT OF ROANOKE COUNTY TO AFFIRM THE SETTLEMENT AND TO GIVE IT FULL FORCE AND EFFECT WHEREAS, the Town of Vinton and the County of Roanoke have entered into a voluntary settlement agreement, entitled "Gain Sharing Agreement between the Town of Vinton and the County of Roanoke (the "Agreement"), pursuant to the provisions of Section 15.2-3400 of the 1950 Code of Virginia; and, WHEREAS, this Agreement provides for the limited waiver by the Town of certain annexation rights, for the payment by the County of certain sales and use taxes and other funds to the Town, for the sharing of certain local tax revenues generated by new development in that portion of the County generally known as "East Roanoke County", for certain cooperative activities between the Town and the County in the areas of joint economic development and planning, and for other matters; and, WHEREAS, this Agreement has been reviewed by the Commission on Local Government, and by Report dated October 1, 1999, the Commission recommends its approval of this Agreement; and, WHEREAS, the Town and the County desire to amend the Agreement for the purpose of clarifying one of its provisions; and, WHEREAS, the first reading of this ordinance was held on October 12, 1999, and the second reading and public hearing were held on October 26, 1999, upon notice and advertisement as required by law. BE IT ORDAINED, by the Board of Supervisors of Roanoke County, Virginia: 1. That the Gain Sharing Agreement between the Town of Vinton and the County of Roanoke, as amended, is hereby adopted and approved. 2. That the Chairman of the Board of Supervisors is authorized and directed to execute the Agreement, as amended, on behalf of the County. 3. That the County Attorney is hereby directed to petition the Circuit Court of Roanoke County for the appointment of a special court pursuant to Section 15.2-3400 of the 1950 Code of Virginia, for an order affirming and validating this Agreement and to give it full force and effect. 4. That the County Administrator is hereby directed to take such actions as may be necessary to implement this Agreement upon receipt of the order of the court. 5. That this ordinance shall be in effect from and after the date of 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: Brenda J. Holton, CMC Deputy Clerk to the Board of Supervisors cc: File Paul M. Mahoney, County Attorney B. Clayton Goodman, III, Vinton Town Manager Carter Glass, IV, Mays & Valentine, Richmond, VA 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, OCTOBER 26, 1999 ORDINANCE 102699-7 TO CHANGE THE ZONING CLASSIFICATION OF A 99.38 -ACRE TRACT OF REAL ESTATE (McDONALD FARM) LOCATED AT THE 2100 BLOCK OF HARDY ROAD (TAX MAP NO. 71.11-1-1) IN THE VINTON MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF R-1 TO THE ZONING CLASSIFICATION OF PTD WITH CONDITIONS UPON THE APPLICATION OF THE TOWN OF VINTON WHEREAS, the first reading of this ordinance was held on September 28, 1999, and the second reading and public hearing were held October 26, 1999; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on October 5, 1999; and WHEREAS, legal notice and advertisement has been provided as required by law. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the zoning classification of a certain tract of real estate containing 99.38 acres, as described herein, and located at the 2100 block of Hardy Road (Tax Map Number 71.11-1-1) in the Vinton Magisterial District, is hereby changed from the zoning classification of R-1, Low Density Residential District, to the zoning classification of PTD, Planned Technology Development District. 2. That this action is taken upon the application of The Town of Vinton. 3. That the owner of the property has voluntarily proffered in writing the following conditions which the Board of Supervisors of Roanoke County, Virginia, hereby accepts: All submitted materials, including "Protective Covenants, Conditions, and Restrictions for the McDonald Farm" in addition to the following proffers: 1 (1) On Parcels "G" and "H" on the concept plan dated August of 1999, Mattern & Craig, Inc., all exterior building materials shall be residential in character. The exterior wall materials shall be limited to brick, stone, wood, vinyl or aluminum siding and other materials customarily found on residential structures. Exterior colors shall be predominantly earth tone colors. On Parcels "G" and "H" roof pitch shall be no less than a 4/12 pitch and roof materials shall be non -reflective, earth tone colors. (2) Buildings on Parcel "A" identified on the concept plan dated August of 1999, Mattern & Craig, Inc., shall be oriented inward on a central, landscaped parking area. No customer parking shall be permitted to the rear of the buildings. (3) Any residential, civic, office, commercial, industrial or miscellaneous use types listed in the Roanoke County Zoning Ordinance, that require a Special Use Permit, shall also require a Special Use Permit under this Planned Technology District rezoning, except as amended by the "Protective Covenants, Conditions and Restrictions for the McDonald Farm". (4) Broadcasting Towers shall be prohibited. 4. That said real estate is a 99.388 acre tract known as The McDonald Farm (Tax Map No. 71.11-1-1) and more fully described on Exhibit 1 attached to this ordinance. 5. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed to amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. On motion of Supervisor Nickens to adopt the ordinance, and carried by the 2 following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None A COPY TESTE: Brenda J. Hoffon, 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 B. Clayton Goodman, III, Vinton Town Manager PROTECTIVE COVENANTS, CONDITIONS AND RESTRICTIONS FOR THE McDONALD FARM Whereas, the Town of Vinton, hereinafter referred to as the "TOWN", is the owner of a certain tract of land known as the McDONALD FARM, which real estate is more particularly described in Exhibit "A" attached hereto and by this reference made a part hereof, and which real estate is hereinafter referred to as the "PARK"; and Whereas, the TOWN intends to jointly develop with Roanoke County and sell and/or lease parcels of land in the PARK for office, commercial, residential and industrial use in conformance with the standards of the Planned Technology Development District zoning regulations; and Whereas, the TOWN desires to impose upon the PARK certain protective covenants, conditions, and restrictions for the purpose of ensuring the orderly development of the PARK, protecting the environment, and providing that the use of the PARK will not adversely affect the health and safety of residents and workers in the vicinity of the PARK, or the use, or development of property within and adjacent to the PARK; and Whereas, the TOWN may designate an agent, an administrative body or Authority to administer the protective covenants, conditions and restrictions for the PARK. Now, therefore, the TOWN hereby declares and provides that each and every parcel of real estate within the PARK shall be conveyed subject to the following covenants, conditions, and restrictions which shall be binding upon all purchases or lease of real estate within the PARK, the heirs thereof, successors, or assigns to ensure proper use and appropriate development of each building site and the grounds thereof, to protect the environment and aesthetics of the PARK, to guard against the erection thereof of structures built of improper or unsuitable materials; and in general, to provide for a high quality of development so that each building site will not adversely affect the health or safety of residents or workers in the area nor be detrimental to the use or development of other properties in the PARK, and Further, that a copy of these Protective Covenants, Conditions, and Restrictions shall be recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, and shall be binding upon and running with the land, including 1 each and every parcel, whether sold or leased in whole or in part and by reference made a part of each and every deed, option, lease or other grant of any interest in and to any parcel thereof as a part of the terms thereof. 1. Property Development: The TOWN intends to jointly develop the property with Roanoke County and others in a phased manner as a business park with mixed uses. (a) A Master Development Plan prepared for the TOWN, showing a general arrangement of sites, an access road and water and sewer lines, shall serve as a guide in the overall sale of sites and development of the PARK. The TOWN may alter the size and configuration of these sites provided the standards are maintained and depending upon the specific needs and requirements of businesses desiring to purchase and develop land within the PARK. Said plan shall be maintained on file in the offices of the Town Manager and the Roanoke County Director of Economic Development. (b) The TOWN intends to develop the PARK in phases with the assistance of Roanoke County. Tracts of land within the PARK will be marketed and sold to businesses and developers for development in accordance with the Planned Technology Development District zoning. (c) Any residential, civic, office, commercial, industrial or miscellaneous use type listed in the Roanoke County Zoning Ordinance, that requires a Special Use Permit, shall also require a Special Use Permit under this Planned Technology District rezoning, except the specific use types listed below: (i) Day care center: Parcels A, E, F, G, H and I. (ii) Cultural services: Parcels A, E, F, G, H and I. (iii) Safety services: Parcels A, E, F, G, H and I. (iv) Commercial indoor sports and recreation: Parcels A, E, F, G, H and I. 2. Permitted Uses: Unless otherwise prohibited herein, sites within the PARK shall be used for the following purposes only: (a) Manufacturing, processing or assembly operations (b) Commercial or industrial flex space (office/ warehouse combination) r (c) Research or experimental laboratory (d) Commercial or office uses as well as business services incidental to any of the foregoing (e) Retirement housing (f) Life care facility (g) Educational facilities, college/ university (h) Institutional and civic uses 3. Prohibited Uses: No use of any site, lot or building shall be made which causes or creates, or is likely to cause or create, a hazard or nuisance to adjacent properties, or which would violate the zoning ordinance of Roanoke County. In addition, the following uses are specifically prohibited within the boundaries of the PARK: (a) Acetylene gas manufacturer and wholesale distributor (b) Asphalt manufacturing or refining (c) Birch tile or terra cotta manufacturer (d) Cement, lime, plaster manufacturer (e) Creosote manufacturing or treatment plants (f) Distillation of bones, coal, petroleum, refuse and tar (g) Explosives, ammunition, fireworks and gun powder manufacture (h) Fat rendering, production of fats and oils from animal or vegetable products by boiling or distillation (i) Garbage, offal and animal reduction or processing 0) Linseed oil, shellac, turpentine, manufacture or refining 3 (k) Automobile storage for wrecking, dismantling of junk cars for salvaged parts (1) Any use or trade, which, through properly and safely operated with ordinary care and according to good and reasonable practice, causes noxious or offensive odors, gas, fumes, smoke, dust, vibration or noise substantially affecting other uses of property permitted in the PARK (m) Construction yards (n) Recycling centers and stations (o) Scrap and salvage services (p) Surplus sales (c) Truck stops (r) Automobile dealership, new and used, auto and truck sales and service establishments (s) Broadcasting tower (t) Other uses not listed or unknown but with similar impacts of those uses listed above. Where it is unclear whether or not a particular use of the PARK is permitted or prohibited hereunder, the TOWN shall decide whether or not such use is prohibited, and its decision shall be final and binding upon all persons. 4. Building Standards: All buildings, structures, and improvements shall be constructed and maintained in accordance with the following standards, unless an exception is approved in writing by the TOWN: (a) Exterior walls of each building shall be finished with approved tilt -up concrete, concrete panel construction, brick, architectural block, or in the case of metal, an architectural rendering of an appropriately designed facade must be submitted to the TOWN for its approval. Those buildings having a residential appearance may use exterior wall materials customarily found in residential construction. On Parcels G and H, it is the preference of the Town for any building constructed facing the Parkway, windows should be minimized and it is preferred the use of non -reflective, no -glare material. Earth -tone 0 colors of matte gray or flat brown are preferred. On Parcels "G" and "H" on the concept plan dated October 26, 1999, Mattern & Craig, Inc., all exterior building materials shall be residential in character. The exterior wall materials shall be limited to brick, stone, wood, vinyl or aluminum siding and other materials customarily found on residential structures. Exterior colors shall be predominately earth tone colors. On Parcels "G" and "H" roof pitch shall be no less than a 4/12 pitch and roof materials shall be non - reflective, earth tone colors. Buildings constructed on Parcel "A" will be oriented inward on a central, landscaped paving area. No customer parking shall be permitted to the rear of the buildings. The Town and Roanoke County may amend this if a unique use is presented which would improve and enhance the Park's development. (b) The height of all buildings, including other structures, will be according to the site components as identified in the Master Development Plan: (i) Parcel G: Shall not be more than twenty-five (25) feet. (ii) Parcel H: Shall not be more than thirty-five (35) feet. (iii) Parcels A, C, and I: Shall not be more than forty-five (45) feet. (iv) Parcels E and F: Shall not be more than sixty (60) feet. (c) No temporary buildings, travel trailers, mobile homes or storage facilities shall be stored on a lot except as necessary during construction periods but then only for the periods during which actual construction is being pursued. (d) Prefabricated tool or utility sheds shall be prohibited. (e) A colored architectural rendering of the proposed building shall be submitted to and approved by the TOWN. This shall include elevations and material samples so that the TOWN can determine compliance with these covenants. This approval shall be obtained from the TOWN prior to requesting a building permit from Roanoke County. (fJ Planned expansion or renovation for all buildings or structures must meet or exceed the quality of the initial structure. Where expansion is planned to one side of an existing building, a wall of temporary material may be erected, provided such expansion is performed within the time period prescribed on the approved site plan. If said 5 expansion is not accomplished within the approved time, a permanent wall of suitable materials shall be erected within ninety (90) days. The TOWN may grant a single one-year extension. (g) All electrical and mechanical apparatus, equipment, fixtures (other than lighting fixtures), conduits, ducts, flues, and pipes located on the exterior of any building shall be concealed from view from any public street and shall be architecturally treated in a manner acceptable to the TOWN. Where residential type structures are constructed it may not be feasible to conceal chimneys and other apparatus and their use may be approved following review and approval from the Town. (h) Parking lots, loading/ unloading areas and lot lighting shall meet the standards of the Roanoke County Zoning Ordinance, as amended. The maximum permitted mounting height for any lighting fixture shall be twenty-five (25) feet. (i) The TOWN shall not be responsible for maintenance of any site improvements. (j) Signs shall meet Section 30-93-13 (D) which is Commercial District C-1 of the Roanoke County Zoning Ordinance, as amended. Freestanding signs shall not be more than ten (10) feet in height. To create a park -like setting, monument type signs will be encouraged. (k) Electrical and telephone services - Reserved. 5. Outside Storage: No materials, supplies, equipment, trash, or refuse shall be stored on the property except inside a building or behind a visual barrier approved by the TOWN which screens the stored matter from view from streets and adjoining sites; which barrier shall not be less than eight (8) feet in height or two (2) feet above the stored matter, whichever is higher, unless written approval from the TOWN allows an exception. The request for this exception must come in writing and must be accompanied by engineering plans for review. Except with the prior written approval of the TOWN, storage areas shall not be located between a building and a street. Plans for such storage areas must be submitted to the TOWN for approval prior to installation. 6. Construction Date: If, after one (1) year from the date of purchase of the property from the TOWN, the then record property owner has not begun in good faith the actual construction of a proposed building, the TOWN shall have the right and option to reacquire the property by refunding the said record property owner the amount of the original purchase price per acre paid to the TOWN for the property, less and except real estate commissions and other related expenses paid by the TOWN; whereupon the said record property owner Cl shall forthwith convey the property back to the TOWN. At any time after the aforementioned one-year period, the TOWN shall have the right to exercise its option to re -acquire the property. Settlement shall take place within sixty (60) days after the TOWN exercises its option. The option shall be exercised by mailing written notice thereof to the record property owner. In the event that the record property owner for any reason fails or refuses to convey title back to the TOWN as required herein, then, in that event, the TOWN shall have the right to enter upon and take possession of said property, together with all necessary rights and causes of action necessary to have title to the property conveyed back to the TOWN or its assigns. The TOWN may grant written exceptions to this section if it determines that it is in the best interest of the PARK development to extend the construction period. 7. Resale of Property: In the event that any owner of unimproved property or any portion thereof shall desire to sell all or a portion thereof, the TOWN must approve any subdivision or sale and shall have the first right and option to purchase said property at the same purchase price per acre paid to the TOWN by the original purchaser. Prior to such sale, the property owner shall notify the TOWN by registered or certified mail of its intentions to sell the property or any portion thereof. Said notice shall describe the exact parcel intended to be sold. The TOWN shall have sixty (60) days from receipt of said notice in which to exercise the option, and settlement shall take place within sixty (60) days after the date the TOWN exercises its option. The option shall be exercised by mailing written notice thereof to the record property owner at any time within the option period. 8. Subdivisions: No owner of any property in the PARK shall subdivide a site without the prior written consent of the TOWN. No owner of any property may lease an undeveloped site or any portion thereof without the prior written consent of the TOWN. The subdivision of any tract will have to comply with the provisions of the Roanoke County Subdivision Ordinance, as amended. 9. Site Maintenance: Each property owner shall be responsible for maintaining its property in a manner that enhances the appearance of the PARK. The premises shall be kept free of debris and trash of any sort, and lawns and landscaping shall be kept in a state of good repair. Maintenance of landscaping and lawns shall include all necessary planting, cutting, watering, fertilizing, aerating, seeding, spraying, pruning, weeding and required replacements. 10. Damaged or Destroyed Buildings: If any building or other improvement in the PARK be damaged or destroyed by fire, storm, explosives, or otherwise, then, in that event, all debris resulting from such damage or destruction shall be cleaned and removed from said property within thirty (30) days of the said damage or destruction. If any building or other improvement is to be reconstructed, such construction shall begin within six (6) months of the 7 date of such damage or destruction, or the land shall be graded and restored to substantially the condition, which existed prior to initial construction. 11. Streets: All streets and roadways constructed by the TOWN within the PARK are dedicated to public use, and shall not be private streets, and as such, are dedicated to all owners and lessees of lots in the PARK for the reasonable use and enjoyment of their properties, including the free use thereof for the installation, maintenance, and operation of public utilities. Owners of tracts may construct interior private roadways that connect to public streets upon approval of a site plan by Roanoke County. However, the TOWN reserves a right- of-way of ingress and egress across these streets to its other property, or to any other streets within the PARK that the TOWN develops in the future. 12. Stormwater Management: The TOWN has identified the location of stormwater management facilities within the PARK. It is the responsibility of the owners of properties upon which these are served, to construct these facilities. The Property Owners Association set forth in Section 15 within will handle maintenance of the regional stormwater management areas. 13. Fuel Storage Tanks: Unless prohibited by law, every tank for the storage of fuel installed outside any building shall be located above the surface of the ground. 14. Trails: The Town intends to jointly develop the trails with Roanoke County and others. (a) All trails shown on the Master Development Plan are reserved for public use and will be constructed at a future time as public and private funds are made available. (b) Trail easements shall be dedicated at time of subdivision and platting. (c) Construction of the trail system shall be phased to coincide with the construction of the various uses in the PARK. The intent is to develop the system in conjunction with the development of the PARK. (d) The TOWN may convey ownership and maintenance responsibility of these trails to a public or private entity in the future. 15. Property Owners Association: After the construction of public improvements at the PARK, the TOWN intends to establish a Property Owners Association to fund and manage the maintenance of stormwater management 0 facilities, landscaping, signs and other improvements. 16. Amendments: Except as provided herein, each of the covenants, conditions and restrictions set forth herein may as to all persons and property be waived, released, rescinded, modified, altered or amended by the TOWN. The TOWN expressly reserves the right, after consultation with Roanoke County to amend these restrictions by document recorded in the Clerk's Office of the Circuit Court of Roanoke County. 17. Liability of TOWN: Each owner, lessee and occupant of property in the PARK shall, and does, hereby indemnify and hold harmless the TOWN, its agents, officers, employees, and representatives from and against any and all claims for injury or death to persons, or damage to or loss to property arising out of the construction, use, operation and/or maintenance of improvements within the PARK, the use and/or possession of any property, and the conduct of business or any other activities within the PARK. 18. Duration: The covenants, conditions and restrictions set forth herein, along with amendments, shall be in full force and effect immediately upon adoption by resolution of the TOWN and shall be binding on all property within. the PARK and the owners thereof, their heirs, successors and assigns for a period of twenty (20) years from the date of adoption, after which period said covenants, conditions, and restrictions shall be automatically extended for successive periods of ten (10) years unless an instrument executed by the owners of two-thirds of the number of sites within the PARK and has been recorded terminating the covenants, conditions and restrictions set forth herein. 19. Severability: If any covenants, conditions, restrictions or portion thereof, set forth herein, be declared invalid by a court of competent jurisdiction, such invalidity will not invalidate any of the remaining covenants, which shall remain in full force and effect. W TOWN OF VINTON State of Virginia County of Roanoke The foregoing instrument was acknowledged before me this /S day of 1999, by a, �e- &It) 0 �e. 25ad,4�j , Notary Public My commission expires: 30 0 / R-1 /o o O O O / Ilw • rr CHURCH10 . I c e, nw 8 F R 10 / 7A AREA wp LURCH E CARE FACILIT.,� 1, 16.3 ES--- - " �8F 9 I r - ' © 1 i _ •hM C' � I o I • I •� � 1 — r 1� — • / o R-1 / 8F NO ( ONAL •,4 10 L wa Mattern & Craig, F CONBUL99NG BNGINEERB•6URVOYOR8ALM I A 901 PIR6T s9'RERT, B.W. 1135-.33 i:eoo NOT TO SCALE ROANOK& VIRGINIA 24016 16.9 260 MM 0" M FAX 4_`► OCTOBER 26, 1999 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, OCTOBER 26, 1999 ORDINANCE 102699-8 GRANTING A SPECIAL USE PERMIT TO FRIENDSHIP MANOR, INC. AND FRIENDSHIP MANOR APARTMENT VILLAGE CORPORATION FOR A LIFE CARE FACILITY TO BE LOCATED AT THE INTERSECTION OF HERSHBERGER AND FLORIST ROADS (TAX MAP NOS. 38.15-1-1,2,3,4, AND 5), HOLLINS MAGISTERIAL DISTRICT WHEREAS, Friendship Manor, Inc. has filed a petition for a Special Use Permit for a life care facility to be located at the intersection of Hershberger and Florist Roads (Tax Map Nos. 38.15-1-1, 2, 3, 4, and 5 - property of Friendship Manor Apartment Village Corporation and Friendship Manor, Inc.) in the Hollins Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this matter on July 6, 1999 and October 5, 1999; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first reading on this matter on June 22, 1999; the second reading and public hearing on this matter was held on July 27, 1999; and continued to August 24, 1999; and continued to October 26, 1999. 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 Friendship Manor, Inc. and Friendship Manor Apartment Village Corporation for a life care facility to be located at the intersection of Hershberger and Florist Roads (Tax Map Nos. 38.15-1-1, 2, 3, 4, and 5) in the Hollins Magisterial District is substantially in accord with the adopted 1999 Community 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: (A) That future build -out and development of the site shall be in general conformance with the submitted conceptual plan entitled "Exhibit A" 1 Friendship Manor Retirement Community, prepared by Lumsden Associates and dated May 7, 1999. (B) All storm water management improvements required and associated with future development on the site shall be designed and constructed to accommodate projected storm water flows associated with the ultimate build -out on the site as depicted on the submitted concept plan. All pond and storm water improvements shall be designed for 25 year post development, with a 2 year pre -development release rate. As part of these improvements, all discharges from any storm water management pond existing or proposed, shall be redirected downstream as far as possible to reduce the amount of Friendship Manor -related storm water on homes within Brookside subdivision. 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 Johnson to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None A COPY TESTE: Brenda J. Holt &, 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 IRA ROANOKE COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT Friendship Manor, Inc. Special Use Tax Map No. 38.15-1-1, 2, 3, 4, 5 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, OCTOBER 26, 1999 ORDINANCE TO CHANGE THE ZONING CLASSIFICATION OF A 99.38 - ACRE TRACT OF REAL ESTATE (McDONALD FARM) LOCATED AT THE 2100 BLOCK OF HARDY ROAD (TAX MAP NO. 71.11-1-1) IN THE VINTON MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF R-1 TO THE ZONING CLASSIFICATION OF PTD WITH CONDITIONS UPON THE APPLICATION OF THE TOWN OF VINTON WHEREAS, the first reading of this ordinance was held on September 28, 1999, and the second reading and public hearing were held October 26, 1999; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on October 5, 1999; and WHEREAS, legal notice and advertisement has been provided as required by law. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the zoning classification of a certain tract of real estate containing 99.38 acres, as described herein, and located at the 2100 block of Hardy Road (Tax Map Number 71.11-1-1) in the Vinton Magisterial District, is hereby changed from the zoning classification of R-1, Low Density Residential District, to the zoning classification of PTD, Planned Technology Development District. 2. That this action is taken upon the application of The Town of Vinton. 3. That the owner of the property has voluntarily proffered in writing the following conditions which the Board of Supervisors of Roanoke County, Virginia, hereby accepts: All submitted materials, including "Protective Covenants, Conditions, and Restrictions for the McDonald Farm" in addition to the following proffers: (1) On Parcels "G" and "H" on the concept plan dated August of 1999, Mattern & Craig, Inc., all exterior building materials shall be residential in character. The exterior wall materials shall be limited to brick, stone, wood, vinyl or aluminum siding and other materials U:\WPDOCS\AGENDA\ZONING\MCDONALD.RZN 1 customarily found on residential structures. Exterior colors shall be predominantly earth tone colors. On Parcels "G" and "H" roof pitch shall be no less than a 4/12 pitch and roof materials shall be non - reflective, earth tone colors. (2) Buildings on Parcel "A" identified on the concept plan dated August of 1999, Mattern & Craig, Inc., shall be oriented inward on a central, landscaped parking area. No customer parking shall be permitted to the rear of the buildings. (3) Any residential, civic, office, commercial, industrial or miscellaneous use types listed in the Roanoke County Zoning Ordinance, that require a Special Use Permit, shall also require a Special Use Permit under this Planned Technology District rezoning, except as amended by the "Protective Covenants, Conditions and Restrictions for the McDonald Farm". (4) Broadcasting Towers shall be prohibited. 4. That said real estate is a 99.388 acre tract known as The McDonald Farm (Tax Map No. 71.11-1-1) and more fully described on Exhibit 1 attached to this ordinance. 5. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed to amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. U:\WPDOCS\AGENDA\ZONING\MCDONALD.RZN 2 PROTECTIVE COVENANTS, CONDITIONS AND RESTRICTIONS FOR THE McDONALD FARM Whereas, the Town of Vinton, hereinafter referred to as the "TOWN", is the owner of a certain tract of land known as the McDONALD FARM, which real estate is more particularly described in Exhibit "A" attached hereto and by this reference made a part hereof, and which real estate is hereinafter referred to as the "PARK"; and Whereas, the TOWN intends to jointly develop with Roanoke County and sell and/or lease parcels of land in the PARK for office, commercial, residential and industrial use in conformance with the standards of the Planned Technology Development District zoning regulations; and Whereas, the TOWN desires to impose upon the PARK certain protective covenants, conditions, and restrictions for the purpose of ensuring the orderly development of the PARK, protecting the environment, and providing that the use of the PARK will not adversely affect the health and safety of residents and workers in the vicinity of the PARK, or the use, or development of property within and adjacent to the PARK; and Whereas, the TOWN may designate an agent, an administrative body or Authority to administer the protective covenants, conditions and restrictions for the PARK. Now, therefore, the TOWN hereby declares and provides that each and every parcel of real estate within the PARK shall be conveyed subject to the following covenants, conditions, and restrictions which shall be binding upon all purchases or lease of real estate within the PARK, the heirs thereof, successors, or assigns to ensure proper use and appropriate development of each building site and the grounds thereof, to protect the environment and aesthetics of the PARK, to guard against the erection thereof of structures built of improper or unsuitable materials; and in general, to provide for a high quality of development so that each building site will not adversely affect the health or safety of residents or workers in the area nor be detrimental to the use or development of other properties in the PARK, and Further, that a copy of these Protective Covenants, Conditions, and Restrictions shall be recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, and shall be binding upon and running with the land, including 1 each and every parcel, whether sold or leased in whole or in part and by reference made a part of each and every deed, option, lease or other grant of any interest in and to any parcel thereof as a part of the terms thereof. 1. Property Development: The TOWN intends to jointly develop the property with Roanoke County and others in a phased manner as a business park with mixed uses. (a) A Master Development Plan prepared for the TOWN, showing a general arrangement of sites, an access road and water and sewer lines, shall serve as a guide in the overall sale of sites and development of the PARK. The TOWN may alter the size and configuration of these sites provided the standards are maintained and depending upon the specific needs and requirements of businesses desiring to purchase and develop land within the PARK. Said plan shall be maintained on file in the offices of the Town Manager and the Roanoke County Director of Economic Development. (b) The TOWN intends to develop the PARK in phases with the assistance of Roanoke County. Tracts of land within the PARK will be marketed and sold to businesses and developers for development in accordance with the Planned Technology Development District zoning. (c) Any residential, civic, office, commercial, industrial or miscellaneous use type listed in the Roanoke County Zoning Ordinance, that requires a Special Use Permit, shall also require a Special Use Permit under this Planned Technology District rezoning, except the specific use types listed below: (i) Day care center: Parcels A, E, F, G, H and I. (ii) Cultural services: Parcels A, E, F, G, H and I. (iii) Safety services: Parcels A, E, F, G, H and I. (iv) Commercial indoor sports and recreation: Parcels A, E, F, G, H and I. 2. Permitted Uses: Unless otherwise prohibited herein, sites within the PARK shall be used for the following purposes only: (a) Manufacturing, processing or assembly operations (b) Commercial or industrial flex space (office/ warehouse combination) PJI (c) Research or experimental laboratory (d) Commercial or office uses as well as business services incidental to any of the foregoing (e) Retirement housing (fl Life care facility (g) Educational facilities, college/ university (h) Institutional and civic uses 3. Prohibited Uses: No use of any site, lot or building shall be made which causes or creates, or is likely to cause or create, a hazard or nuisance to adjacent properties, or which would violate the zoning ordinance of Roanoke County. In addition, the following uses are specifically prohibited within the boundaries of the PARK: (a) Acetylene gas manufacturer and wholesale distributor (b) Asphalt manufacturing or refining (c) Birch tile or terra cotta manufacturer (d) Cement, lime, plaster manufacturer (e) Creosote manufacturing or treatment plants (fl Distillation of bones, coal, petroleum, refuse and tar (g) Explosives, ammunition, fireworks and gun powder manufacture (h) Fat rendering, production of fats and oils from animal or vegetable products by boiling or distillation (i) Garbage, offal and animal reduction or processing 0) Linseed oil, shellac, turpentine, manufacture or refining K (k) Automobile storage for wrecking, dismantling of junk cars for salvaged parts (1) Any use or trade, which, through properly and safely operated with ordinary care and according to good and reasonable practice, causes noxious or offensive odors, gas, fumes, smoke, dust, vibration or noise substantially affecting other uses of property permitted in the PARK (m) Construction yards (n) Recycling centers and stations (o) Scrap and salvage services (p) Surplus sales (c) Truck stops (r) Automobile dealership, new and used, auto and truck sales and service establishments (s) Broadcasting tower (t) Other uses not listed or unknown but with similar impacts of those uses listed above. Where it is unclear whether or not a particular use of the PARK is permitted or prohibited hereunder, the TOWN shall decide whether or not such use is prohibited, and its decision shall be final and binding upon all persons. 4. Building Standards: All buildings, structures, and improvements shall be constructed and maintained in accordance with the following standards, unless an exception is approved in writing by the TOWN: (a) Exterior walls of each building shall be finished with approved tilt -up concrete, concrete panel construction, brick, architectural block, or in the case of metal, an architectural rendering of an appropriately designed facade must be submitted to the TOWN for its approval. Those buildings having a residential appearance may use exterior wall materials customarily found in residential construction. On Parcels G and H, it is the preference of the Town for any building constructed facing the Parkway, windows should be minimized and it is preferred the use of non -reflective, no -glare material. Earth -tone 10 colors of matte gray or flat brown are preferred. On Parcels "G" and "H" on the concept plan dated October 26, 1999, Mattern 8s Craig, Inc., all exterior building materials shall be residential in character. The exterior wall materials shall be limited to brick, stone, wood, vinyl or aluminum siding and other materials customarily found on residential structures. Exterior colors shall be predominately earth tone colors. On Parcels "G" and "H" roof pitch shall be no less than a 4/12 pitch and roof materials shall be non - reflective, earth tone colors. Buildings constructed on Parcel "A" will be oriented inward on a central, landscaped paving area. No customer parking shall be permitted to the rear of the buildings. The Town and Roanoke County may amend this if a unique use is presented which would improve and enhance the Park's development. (b) The height of all buildings, including other structures, will be according to the site components as identified in the Master Development Plan: (i) Parcel G: Shall not be more than twenty-five (25) feet. (ii) Parcel H: Shall not be more than thirty-five (35) feet. (iii) Parcels A, C, and I: Shall not be more than forty-five (45) feet. (iv) Parcels E and F: Shall not be more than sixty (60) feet. (c) No temporary buildings, travel trailers, mobile homes or storage facilities shall be stored on a lot except as necessary during construction periods but then only for the periods during which actual construction is being pursued. (d) Prefabricated tool or utility sheds shall be prohibited. (e) A colored architectural rendering of the proposed building shall be submitted to and approved by the TOWN. This shall include elevations and material samples so that the TOWN can determine compliance with these covenants. This approval shall be obtained from the TOWN prior to requesting a building permit from Roanoke County. (fl Planned expansion or renovation for all buildings or structures must meet or exceed the quality of the initial structure. Where expansion is planned to one side of an existing building, a wall of temporary material may be erected, provided such expansion is performed within the time period prescribed on the approved site plan. If said 5 expansion is not accomplished within the approved time, a permanent wall of suitable materials shall be erected within ninety (90) days. The TOWN may grant a single one-year extension. (g) All electrical and mechanical apparatus, equipment, fixtures (other than lighting fixtures), conduits, ducts, flues, and pipes located on the exterior of any building shall be concealed from view from any public street and shall be architecturally treated in a manner acceptable to the TOWN. Where residential type structures are constructed it may not be feasible to conceal chimneys and other apparatus and their use may be approved following review and approval from the Town. (h) Parking lots, loading/ unloading areas and lot lighting shall meet the standards of the Roanoke County Zoning Ordinance, as amended. The maximum permitted mounting height for any lighting fixture shall be twenty-five (25) feet. (i) The TOWN shall not be responsible for maintenance of any site improvements. (j) Signs shall meet Section 30-93-13 (D) which is Commercial District C-1 of the Roanoke County Zoning Ordinance, as amended. Freestanding signs shall not be more than ten (10) feet in height. To create a park -like setting, monument type signs will be encouraged. (k) Electrical and telephone services - Reserved. 5. Outside Storage: No materials, supplies, equipment, trash, or refuse shall be stored on the property except inside a building or behind a visual barrier approved by the TOWN which screens the stored matter from view from streets and adjoining sites; which barrier shall not be less than eight (8) feet in height or two (2) feet above the stored matter, whichever is higher, unless written approval from the TOWN allows an exception. The request for this exception must come in writing and must be accompanied by engineering plans for review. Except with the prior written approval of the TOWN, storage areas shall not be located between a building and a street. Plans for such storage areas must be submitted to the TOWN for approval prior to installation. 6. Construction Date: If, after one (1) year from the date of purchase of the property from the TOWN, the then record property owner has not begun in good faith the actual construction of a proposed building, the TOWN shall have the right and option to reacquire the property by refunding the said record property owner the amount of the original purchase price per acre paid to the TOWN for the property, less and except real estate commissions and other related expenses paid by the TOWN; whereupon the said record property owner P shall forthwith convey the property back to the TOWN. At any time after the aforementioned one-year period, the TOWN shall have the right to exercise its option to re -acquire the property. Settlement shall take place within sixty (60) days after the TOWN exercises its option. The option shall be exercised by mailing written notice thereof to the record property owner. In the event that the record property owner for any reason fails or refuses to convey title back to the TOWN as required herein, then, in that event, the TOWN shall have the right to enter upon and take possession of said property, together with all necessary rights and causes of action necessary to have title to the property conveyed back to the TOWN or its assigns. The TOWN may grant written exceptions to this section if it determines that it is in the best interest of the PARK development to extend the construction period. 7. Resale of Property: In the event that any owner of unimproved property or any portion thereof shall desire to sell all or a portion thereof, the TOWN must approve any subdivision or sale and shall have the first right and option to purchase said property at the same purchase price per acre paid to the TOWN by the original purchaser. Prior to such sale, the property owner shall notify the TOWN by registered or certified mail of its intentions to sell the property or any portion thereof. Said notice shall describe the exact parcel intended to be sold. The TOWN shall have sixty (60) days from receipt of said notice in which to exercise the option, and settlement shall take place within sixty (60) days after the date the TOWN exercises its option. The option shall be exercised by mailing written notice thereof to the record property owner at any time within the option period. 8. Subdivisions: No owner of any property in the PARK shall subdivide a site without the prior written consent of the TOWN. No owner of any property may lease an undeveloped site or any portion thereof without the prior written consent of the TOWN. The subdivision of any tract will have to comply with the provisions of the Roanoke County Subdivision Ordinance, as amended. 9. Site Maintenance: Each property owner shall be responsible for maintaining its property in a manner that enhances the appearance of the PARK. The premises shall be kept free of debris and trash of any sort, and lawns and landscaping shall be kept in a state of good repair. Maintenance of landscaping and lawns shall include all necessary planting, cutting, watering, fertilizing, aerating, seeding, spraying, pruning, weeding and required replacements. 10. Damaged or Destroyed Buildings: If any building or other improvement in the PARK be damaged or destroyed by fire, storm, explosives, or otherwise, then, in that event, all debris resulting from such damage or destruction shall be cleaned and removed from said property within thirty (30) days of the said damage or destruction. If any building or other improvement is to be reconstructed, such construction shall begin within six (6) months of the 7 date of such damage or destruction, or the land shall be graded and restored to substantially the condition, which existed prior to initial construction. 11. Streets: All streets and roadways constructed by the TOWN within the PARK are dedicated to public use, and shall not be private streets, and as such, are dedicated to all owners and lessees of lots in the PARK for the reasonable use and enjoyment of their properties, including the free use thereof for the installation, maintenance, and operation of public utilities. Owners of tracts may construct interior private roadways that connect to public streets upon approval of a site plan by Roanoke County. However, the TOWN reserves a right- of-way of ingress and egress across these streets to its other property, or to any other streets within the PARK that the TOWN develops in the future. 12. Stormwater Management: The TOWN has identified the location of stormwater management facilities within the PARK. It is the responsibility of the owners of properties upon which these are served, to construct these facilities. The Property Owners Association set forth in Section 15 within will handle maintenance of the regional stormwater management areas. 13. Fuel Storage Tanks: Unless prohibited by law, every tank for the storage of fuel installed outside any building shall be located above the surface of the ground. 14. Trails: The Town intends to jointly develop the trails with Roanoke County and others. (a) All trails shown on the Master Development Plan are reserved for public use and will be constructed at a future time as public and private funds are made available. (b) Trail easements shall be dedicated at time of subdivision and platting. (c) Construction of the trail system shall be phased to coincide with the construction of the various uses in the PARK. The intent is to develop the system in conjunction with the development of the PARK. (d) The TOWN may convey ownership and maintenance responsibility of these trails to a public or private entity in the future. 15. Property Owners Association: After the construction of public improvements at the PARK, the TOWN intends to establish a Property Owners Association to fund and manage the maintenance of stormwater management facilities, landscaping, signs and other improvements. 16. Amendments: Except as provided herein, each of the covenants, conditions and restrictions set forth herein may as to all persons and property be waived, released, rescinded, modified, altered or amended by the TOWN. The TOWN expressly reserves the right, after consultation with Roanoke County to amend these restrictions by document recorded in the Clerk's Office of the Circuit Court of Roanoke County. 17. Liability of TOWN: Each owner, lessee and occupant of property in the PARK shall, and does, hereby indemnify and hold harmless the TOWN, its agents, officers, employees, and representatives from and against any and all claims for injury or death to persons, or damage to or loss to property arising out of the construction, use, operation and/or maintenance of improvements within the PARK, the use and/or possession of any property, and the conduct of business or any other activities within the PARK. 18. Duration: The covenants, conditions and restrictions set forth herein, along with amendments, shall be in full force and effect immediately upon adoption by resolution of the TOWN and shall be binding on all property within the PARK and the owners thereof, their heirs, successors and assigns for a period of twenty (20) years from the date of adoption, after which period said covenants, conditions, and restrictions shall be automatically extended for successive periods of ten (10) years unless an instrument executed by the owners of two-thirds of the number of sites within the PARK and has been recorded terminating the covenants, conditions and restrictions set forth herein. 19. Severability: If any covenants, conditions, restrictions or portion thereof, set forth herein, be declared invalid by a court of competent jurisdiction, such invalidity will not invalidate any of the remaining covenants, which shall remain in full force and effect. 0 TOWN OF VINTON State of Virginia County of Roanoke The foregoing instrument was acknowledged before me this day of 1999, by ua, e. Vd't' LL�� �e. 19 L� Notary Public My commission expires: 30/2002-