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HomeMy WebLinkAbout1/25/2000 - Adopted Board RecordsAT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JANUARY 25, 2000 RESOLUTION 012500-1 OF THE BOARD OF SUPERVISORS OF THE COUNTY OF ROANOKE, VIRGINIA, AUTHORIZING AND APPROVING THE ISSUANCE AND SALE OF THE COUNTY OF ROANOKE, VIRGINIA, SEWER REFUNDING AND REVENUE BOND, SERIES 2000, IN THE MAXIMUM PRINCIPAL AMOUNT OF $5,600,000, AND SETTING FORTH THE FORM, DETAILS AND PROVISIONS FORTHE PAYMENTTHEREOF RECITALS A. The Board of Supervisors (the "Board") of the County of Roanoke, Virginia (the "County") has determined that it is necessary and desirable to issue its Sewer Refunding and Revenue Bond, Series 2000, in the maximum principal amount of $5,600,000 (the "Bond"), and to use the proceeds thereof, along with other available funds, if any, to refinance the County's outstanding $5,600,000 Sewer Revenue Bond, Series 1999 (the "1999 Bond") and finance the County's portion of the expansion of the Roanoke Regional Wastewater Treatment Facility (the "Project"). B. The Bond will be sold by the County to or at the direction of the Virginia Resources Authority ("VRA"), pursuant to the terms of a Financing Agreement (the "Financing Agreement") between the County and VRA, to be dated as of a date specified by VRA. C. The Bond will be issued as a "Parity Bond" as defined in the Financing Agreement dated as of December 1, 1996 (the 1996 Financing Agreement"), between the County and the Virginia Water Facilities Revolving Fund, acting by and through VRA. The Bond will be secured by a pledge of the revenues (as more particularly defined in the Financing Agreement, the "Revenues") derived by the County from the ownership and operation of its wastewater system (as more particularly defined in the Financing Agreement, the "System"). The Bond will be secured on parity with the County's outstanding Sewer Revenue Bond, Series 1996 (the "1996 Bond"), with respect to the pledge of Revenues. D. The Board is not required to hold a public hearing on the issuance of the Bond, as provided in Sections 15.2-2606 and 15.2-2643 of the Code of Virginia of 1950, as amended (the "Virginia Code"). E. The foregoing arrangements will be reflected in the Financing Agreement, a form of which has been presented to this meeting and filed with the County's documents. -1- NOW, THEREFORE, be it resolved by the Board of Supervisors of the County of Roanoke, Virginia that: 1. Election to Proceed Under Public Finance Act of 1991. The Board hereby elects to issue the Bond under the provisions of the Public Finance Act of 1991, Chapter 26, Title 15.2 of the Virginia Code (the "Public Finance Act") without regard to the requirements, restrictions or other provisions contained in the Charter of the County. 2. Authorization of Bond and Use of Proceeds. The Board hereby finds and determines that it is advisable and in the best interest of the County to contract a debt and to issue the Bond in the maximum principal amount of $5,600,000, and to award and sell the Bond to or at the direction of VRA, all pursuant to the Public Finance Act and the terms of this Resolution and the Financing Agreement. Such issuance, award and sale of the Bond are hereby authorized and approved. The Bond shall be known as the "County of Roanoke, Virginia, Sewer Refunding and Revenue Bond, Series 2000." The proceeds from the issuance and sale of the Bond shall be used, together with other available funds, if any, to pay the costs of the Project. 3. Details of Bond. The Bond shall be issued as a single bond in fully registered form and shall be dated the date of its issuance and delivery. The County Administrator is authorized and directed to determine and approve all of the other final details of the Bond, including without limitation, the maximum principal amount authorized to be advanced thereunder, the interest rate, the maturity or payment dates and amounts and the final maturity date; provided, however, that (i) the maximum principal amount authorized to be advanced under the Bond shall not exceed $5,600,000, (ii) the interest rate on the Bond shall not exceed three and one-half percent (3.5%) per annum, (iii) the Bond shall have a substantially level maturity or payment schedule from and after the date on which the first payment of principal is due thereunder, and (iv) the final maturity date of the Bond shall be no later than December 31, 2024. The County Administrator's approval of such details shall be evidenced conclusively by the due execution and delivery of the Bond on the County's behalf to or at the direction of VRA. 4. Pledge of Revenues. The Bond shall be a limited obligation of the County and, except to the extent payable from the proceeds of the sale of the Bond or the income, if any, derived from the investment thereof, is payable exclusively from the Revenues of the System which the County hereby pledges to the payment of the principal of and interest on the Bond pursuant to the terms of the Financing Agreement. The Bond will be issued as a Parity Bond as defined in the 1996 Financing Agreement, and will be secured on parity with the 1996 Bond with respect to the pledge of Revenues. Neither the Commonwealth of Virginia nor any of its political subdivisions, including the County, shall be obligated to pay the principal of or interest on the Bond or other costs incident to it except from the revenues and any other money or property pledged for such purpose, and neither the faith and credit nor the taxing power of the Commonwealth of Virginia or any of its political subdivisions, including the County, is pledged to the payment of the principal of or interest on the Bond or other costs incident to it. The issuance of the Bond does not directly, -2- indirectly or contingently obligate the Commonwealth of Virginia or any of its political subdivisions, including the County, to levy any taxes for the payment of the Bond. 5. Form of Bond. The Bond shall be in substantially the form attached as Exhibit A to the Financing Agreement, with such variations, insertions or deletions as may be approved by the Chairman of the Board (the "Chairman") or the Vice Chairman of the Board (the "Vice Chairman"). There may be endorsed on the Bond such legend or text as may be necessary or appropriate to conform to any applicable rules and regulations of any governmental authority or any usage or requirement of law with respect thereto. 6. Evidence of Approval. The Chairman's or Vice Chairman's approval or determination of all of the details and provisions of the Bond that he has been authorized and/or directed to approve under this Resolution shall be evidenced conclusively by his execution and delivery of the Bond on the County's behalf. 7. Redemption of Bond. The Bond shall not be subject to optional redemption without the consent of VRA, as set forth in the Bond and the Financing Agreement. 8. Execution and Delivery of Bond. The Chairman or Vice Chairman is authorized and directed to execute the Bond. The Clerk of the Board (the "Clerk") or the Deputy Clerk of the Board (the "Deputy Clerk") is authorized and directed to affix the seal of the County to the executed Bond and to attest it and then to deliver the Bond or cause the Bond to be delivered to or at the direction of VRA upon payment of the first principal advance thereunder. An authorized representative or other designee of VRA shall enter the amount and date of each principal advance as provided in the Certificate of Advances attached to the Bond when the proceeds of such advance are delivered to the County. 9. Registration, Transfer and Exchange. The Board appoints the Director of Finance as its registrar and transfer agent to keep books for the registration and transfer of the Bond and to make such registrations and transfers on such books under such reasonable regulations as the County may prescribe. Upon surrender for transfer or exchange of the Bond at the office of the Director of Finance, the County shall cause the execution and delivery in the name of the transferee or registered owner, as applicable, of a new Bond for a principal amount equal to the Bond surrendered and of the same date and tenor as the Bond surrendered, subject in each case to such reasonable regulations as the County may prescribe. If surrendered for transfer, exchange, redemption or payment, the Bond shall be accompanied by a written instrument or instruments of transfer or authorization for exchange, in form and substance reasonably satisfactory to the Director of Finance, duly executed by the registered owner or by his or her duly authorized attorney-in-fact or legal representative. A new Bond delivered upon any transfer or exchange shall be a valid limited obligation of the County, evidencing the same debt as the Bond surrendered and shall be entitled to all of the security and benefits of this Resolution to the same extent as the Bond surrendered. -3- 10. Charges for Exchange or Transfer. No charge shall be made for any exchange or transfer of the Bond, but the Director of Finance may require payment by the holder of the Bond of a sum sufficient to cover any tax or any other governmental charge that may be imposed in relation thereto. 11. Mutilated, Lost, Stolen or Destroyed Bond. If the Bond has been mutilated, lost, stolen or destroyed, the County shall execute and deliver a new Bond of like date and tenor in exchange and substitution for, and upon delivery to the Director of Finance and cancellation of, such mutilated Bond, or in lieu of and in substitution for such lost, stolen or destroyed Bond; provided, however, that the County shall execute, authenticate and deliver a new Bond only if its registered owner has paid the reasonable expenses and charges of the County in connection therewith and, in the case of a lost, stolen or destroyed Bond (i) has filed with the Director of Finance evidence satisfactory to him or her that such Bond was lost, stolen or destroyed and that the holder of the Bond was its registered owner and (ii) has furnished to the County indemnity satisfactory to the Director of Finance. If the Bond has matured, instead of issuing a new Bond, the County may pay the Bond without surrender upon receipt of the aforesaid evidence and indemnity. 12.AApproval of Financing Agreement. The Financing Agreement is approved in substantially the form presented to this meeting, with such changes, insertions or omissions as may be approved by the Chairman or Vice Chairman, whose approval shall be evidenced conclusively by the execution and delivery of the Financing Agreement on the County's behalf, and the Chairman or Vice Chairman is authorized to complete the Financing Agreement with the final terms and details of the Bond as determined pursuant to paragraph 3. The Chairman or Vice Chairman is authorized to execute and deliver the Financing Agreement and such other documents and certificates as such officer may consider necessary in connection therewith. 13. Disclosure Documents. The Chairman, Vice Chairman, County Administrator and Director of Finance and such officers and agents of the County as any of them may designate, are hereby authorized and directed to prepare, execute and deliver any appropriate disclosure documents as may be necessary to expedite the sale of the Bond. If appropriate, such disclosure documents shall be distributed in such manner and at such times as any of them shall determine. The County Administrator and the Director of Finance, or either of them, are authorized and directed to take whatever actions are necessary and/or appropriate to ensure compliance with Securities and Exchange Commission Rule 15c2-12. 14.Tax Documents. The County Administrator and the Director of Finance are authorized to execute a Nonarbitrage Certificate and Tax Compliance Agreement or any related document (the "Tax Documents") setting forth the expected use and investment of the proceeds of the Bond and containing such covenants as may be necessary in order to comply with the provisions of the Internal Revenue Code of 1986, as amended (the "Code"), including the provisions of Section 148 of the Code and applicable regulations relating to "arbitrage bonds." The County covenants that the proceeds from the issuance and sale of the Bond will be invested and expended as set forth in the Tax Documents, to -4- be delivered simultaneously with the issuance and delivery of the Bond and that the County shall comply with the other covenants and representations contained therein. 15. Further Actions; Authorized Representative. The Chairman, the County Administrator and the Director of Finance and such officers and agents of the County as may be designated by any of them are authorized and directed to take such further actions as they deem necessary regarding the refinancing of the 1999 Bond, the issuance and sale of the Bond and the execution, delivery and performance of the Financing Agreement, including, without limitation, the execution and delivery of closing documents and certificates. All such actions previously taken by such officers and agents are ratified and confirmed. The Chairman, County Administrator and the Director of Finance are designated the County's Authorized Representatives for purposes of the Financing Agreement. 16. Filing of Resolution. The County Attorney is authorized and directed to file a certified copy of this Resolution with the Circuit Court of the County of Roanoke, Virginia, pursuant to Sections 15.2-2607 and 15.2-2627 of the Virginia Code. 17. Effective Date. This Resolution shall take effect immediately. Adopted this25th day of January, 2000. On motion of Supervisor Johnson to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Minnix, Church, Nickens, McNamara NAYS: None A COPY TESTE: 1�• Mary H. Allen, CMC/AAE Clerk to the Board of Supervisors cc: File Diane D. Hyatt, Director, Finance Gary Robertson, Director, Utility Paul M. Mahoney, County Attorney -5- CERTIFICATE The undersigned Clerk of the Board of Supervisors of the County of Roanoke, Virginia (the "County"), hereby certifies that: 1. A regular meeting of the Board of Supervisors of the County (the "Board") was duly called and held on January 25, 2000 (the "Meeting") at which the following members were present and absent: PRESENT: Supervisors Johnson, Minnix, Church, Nickens, McNamara ABSENT: None 2. A resolution (the "Resolution") of the County entitled "Resolution 012500- 1 of the Board of Supervisors of the County of Roanoke, Virginia, Authorizing and Approving the Issuance and Sale of the County of Roanoke, Virginia Sewer Refunding and Revenue Bond, Series 2000, in the maximum principal amount of $5,600,000, and Setting Forth the Form, Details and Provisions for the Payment Thereof," was duly adopted at the Meeting by the recorded affirmative vote of at least a majority of all of the members of the Board, the ayes and nays being recorded in the minutes of the meeting as shown below: MEMBER VOTE Supervisor Johnson Yes Supervisor Minnix Yes Supervisor Church Yes Supervisor Nickens Yes Supervisor McNamara Yes 3. Attached is a true and correct copy of the Resolution as recorded in full in the minutes of the Meeting. 4. The Resolution has not been repealed, revoked, rescinded or amended and is in full force and effect on the date hereof. WITNESS my signature and the seal of the County of Roanoke, Virginia this 25 day of January, 2000. [SEAL] Mary H. Allen, CMC/AAE Clerk of the Board of Supervisors of Roanoke County, Virginia -6- AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JANUARY 25, 2000. RESOLUTION 012500-2 REQUESTING THE DIRECTOR OF THE VIRGINIA DEPARTMENT OF CONSERVATION AND RECREATION TO DESIGNATE THE NORTH ROANOKE PARK, (TO BE RENAMED AT A LATER DATE) AS A PUBLIC RECREATION AREA AND TO RECOMMEND TO THE COMMONWEALTH TRANSPORTATION BOARD THAT RECREATIONAL ACCESS FUNDS BE APPROVED FOR THIS PROJECT. WHEREAS, the North Roanoke Park is to be developed by the Roanoke County Department of Parks and Recreation as a recreational facility serving the residents of Roanoke County; and WHEREAS, the facility is in need of adequate access; and WHEREAS, the procedure governing the allocation of recreational access funds as set forth in Section 33.1-223 of the Code of Virginia requires joint action by the Director of the Department of Conservation and Recreation and the Commonwealth Transportation Board; and WHEREAS, a statement of policy agreed upon between the said Director and Board approves the use of such funds for the construction of access roads to publicly - owned recreational areas; and WHEREAS, it appears to the Board that all requirements have been met to permit the Director of the Department of Conservation and Recreation to designate the North Roanoke Park as a public recreational facility and further permit the Commonwealth Transportation Board to provide funds for access to this public recreation area in accordance with Section 33.1-223 of the Code of Virginia; and WHEREAS, the right of way of the proposed access road is provided by the County of Roanoke at no cost to the Recreational Access Fund; and WHEREAS, the Board acknowledges that, pursuant to the provisions of Section 33.1-223 of the Code of Virginia, this road shall be designated a "Virginia Byway" and recommends the Commonwealth Transportation Board, in cooperation with the Director of the Department of Conservation and Recreation, take appropriate action to implement this designation. Further, the Board agrees, in keeping with the intent of Section 33.1-63 of the Code of Virginia, to use its good offices to reasonably protect the aesthetic or cultural value of this road. 1 NOW, THEREFORE BE IT RESOLVED, that the Board of Supervisors of the County of Roanoke hereby requests the Director of the Department of Conservation and Recreation to designate the North Roanoke Park as a public recreational area and to recommend to the Commonwealth Transportation Board that recreational access funds be allocated for an access road to serve said park; and BE IT FURTHER RESOLVED, that the Commonwealth Transportation Board is hereby requested to allocate the necessary recreational access funds to provide a suitable access road as hereinbefore described. On motion of Supervisor Johnson to adopt the Resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Minnix, Church, Nickens, McNamara NAYS: None A COPY TESTE: .� • �il--fir✓ Mary H. Allen, CMC/AAE Clerk to the Board of Supervisors cc: File Pete Haislip, Director, Parks & Recreation 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JANUARY 25, 2000 RESOLUTION 012500-3 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 January 25, 2000, 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 8, inclusive, as follows: Confirmation and ratification of Committee Appointments to the Hanging Rock Battlefield Preservation Foundation, the Roanoke Valley Convention and Visitors Bureau Board of Directors, Southwest Development Financing, Inc., and Virginia's First Regional Industrial Facility Authority. 2. Resolution approving a revision of the previously approved Workforce Investment Area of the Roanoke Valley -Allegheny Regional Commission to include Franklin County, VA. 3. Resolution of support for consideration of passenger rail service to Historic Oak Ridge Estate Train Station in Nelson County, VA. 4. Revised Resolution of Appreciation upon the retirement of Kenneth Hogan, Parks and Recreation Department. 5. Request from Schools to appropriate $3,625 Virginia Commission of the Arts grant for the Artists -in -Education Residency Program. 6. Request from Schools to appropriate $279.51 reimbursement from Virginia Western Community College for the dual enrollment program. 7. Resolution of Appreciation upon the retirement of Frances B. Haggerty, Police Department. 8. Donation of storm drainage easement on property owned by Gary H. Wood and Shelly R. Wood (Tax Map No. 77.14-06-45) in the Cave Spring Magisterial District. 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 Nickens to adopt the Consent Resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Minnix, Church, Nickens, McNamara NAYS: None A COPY TESTE: Mary H. Allen, CMC/AAE Clerk to the Board of Supervisors cc: File Joseph Sgroi, Director, Human Resources Pete Haislip, Director, Parks & Recreation Lorraine S. Lange, Associate Director of Instruction Diane D. Hyatt, Director, Finance Dr. Linda Weber, School Superintendent Brenda Chastain, Clerk, School Board Ray Lavinder, Chief of Police Arnold Covey, Director, Community Development Gary Robertson, Director, Utility Paul M. Mahoney, County Attorney K A -012500-3.a ACTION 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: January 25, 2000 AGENDA ITEM: Confirmation of Committee appointment to the Roanoke Valley Convention and Visitors Bureau Board of Directors and Ratification of appointments to the Hanging Rock Battlefield and Railway Preservation Foundation, Southwest Development Financing, Inc., and Virginia's First Regional Industrial Authority COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION 1. Roanoke Valley Convention and Visitors Bureau Board of Directors Supervisor McNamara nominated Economic Development Director David Porter to fill the unexpired term of Timothy Gubala. The term will expire June 30, 2000. 2. Hanging Rock Battlefield and railway Preservation Foundation County Administrator Elmer Hodge has recommended that Parks and Recreation Director Pete Haislip fill the unexpired three-year term of Timothy Gubala. The term will expire October 25, 2000. 3. Southwest Virginia Financing, Inc. County Administrator Elmer Hodge has recommended that Brian T. Hamilton, Economic Development Specialist be reappointed to another two-year term which will expire January 12, 2002. 4. Virginia's First Regional Industrial Facility Authority County Administrator Elmer Hodge has recommended that Economic Development Director David Porter fill the unexpired four-year term of Timothy Gubala. The term will expire September 24, 2002. 1 STAFF RECOMMENDATION: It is recommended that Supervisor McNamara's nomination be confirmed and Mr. Hodge's recommendations be ratified. Respectfully submitted, Mary H. Allen, CMC/AAE Clerk to the Board Approved (x) Denied ( ) Received ( ) Referred ( ) To ( ) Approved by, X�c Aao� Elmer C. H dge County Administrator ACTION Motion by: Harry C. Nickens to approve VOTE No Yes Abs Church _ x Harrison _ x McNamara_ x _ Minnix _ x _ Nickens _ x — cc: File Roanoke Valley Convention and Visitors Bureau Board of Directors File Hanging Rock Battlefield and Railway Preservation Foundation File Southwest Virginia Financing, Inc. File Virginia's First Regional Industrial Facility Authority File 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JANUARY 25, 2000 RESOLUTION 012500-3.b ADDING FRANKLIN COUNTY TO THE REGIONAL WORKFORCE INVESTMENT ACT AND AUTHORIZING EXECUTION OF THE CONSORTIUM AGREEMENT AMONG THE PARTICIPATING JURISDICTIONS WHEREAS, the Congress of the United States adopted Public Law 105-220, the Workforce Investment Act, to replace the Job Training Partnership Act (JTPA); and WHEREAS, the purpose of this Act is to: streamline services through a One -Stop service delivery system; empower individuals through information regarding and access to training resources; provide universal access to core services; increase system -wide accountability; ensure a strong partnership between local jurisdictions and their regional Workforce Investment Boards in developing the workforce investment system; facilitate state and local flexibility and improve youth programs; and WHEREAS, under Section 116 of the Workforce Investment Act, the Governor has designated workforce investment areas within the state to implement the provisions of this legislation; and WHEREAS, the Act and state regulations adopted by the Governor under the Act allow the jurisdictions within a workforce investment area to enter into a ""consortium agreement' to define their roles and relationships in administering their responsibilities under the Act; and WHEREAS, the Act requires the Chief Local Elected Official (County Board Chairperson) or his/her designee to perform several duties which assure local government control over the Local Plan adopted by the Workforce Investment Area; and 1 WHEREAS, the participating jurisdictions of this Workforce Investment Area must adopt a formal consortium agreement for filing with the Governor. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of the County of Roanoke, Virginia, that the Board Chairperson be, and hereby is, authorized to execute the Consortium Agreement among the jurisdictions that constitute the Fifth District Employment and Training Consortium workforce investment area under the Workforce Investment Act (P. L. 105- 220). On motion of Supervisor Nickens to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Minnix, Church, Nickens, McNamara 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 Franklin County Administrator 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JANUARY 25, 2000 RESOLUTION 012500-3.c SUPPORTING CONSIDERATION OF PASSENGER RAIL SERVICE TO HISTORIC OAK RIDGE ESTATE TRAIN STATION IN NELSON COUNTY, 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, local and statewide support is being established forthe proposed Bristol Passenger Rail Service, or TransDominion Express; and, WHEREAS, the VDRPT study did not identify or recommend the location of a passenger station in Nelson County to be served by the TransDominion Express; and, WHEREAS, the passenger station located at the historic Oak Ridge Estate, is an ideal location for inclusion as a destination stop of the TransDominion Express; and, WHEREAS, service to Nelson County via the historic Oak Ridge Train Station could lead to economic, tourism, environmental and other social benefits for Nelson County and its citizens; and, WHEREAS, on October 12, 1999 the Nelson County Board of Supervisors adopted a resolution in support of the proposed expanded passenger rail service project; and, WHEREAS, the Nelson County Board of Supervisors recognizes the importance and is unanimously supportive of the establishment of the historic Oak Ridge Train Station as a destination stop of the TransDominion Express; NOW, THEREFORE, BE IT RESOLVED that the Roanoke County Board of Supervisors hereby supports consideration of the historic Oak Ridge Train Station as a possible destination stop of the proposed Bristol Passenger Rail Service project, or TransDominion Express; and BE IT FURTHER RESOLVED, that the Roanoke County Board of Supervisors hereby encourages and requests the implementation of the Bristol Passenger Rail Service project by the Commonwealth of Virginia, including consideration of historic Oak Ridge Train Station as a potential depot for the rail passenger service. On motion of Supervisor Nickens to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Minnix, Church, Nickens, McNamara NAYS: None A COPY TESTE: Mary H. Allen, CMC/AAE Clerk to the Board of Supervisors cc: File Stephen A. Carter, Nelson County Administrator Members, Nelson County Board of Supervisors Alan C. Tobias, Rail Operations and Passenger Section, Virginia Department of Rail and Public Transportation 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JANUARY 25, 2000 RESOLUTION 012500-3.d EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY UPON THE RETIREMENT OF KENNETH L. HOGAN, PARKS & RECREATION DEPARTMENT WHEREAS, Kenneth L. Hogan was first employed by the Roanoke County on June 1, 1969, as a Dog Warden, and has also served as Chief Animal Control Officer; and WHEREAS, Mr. Hogan retired from Roanoke County as a Parks Maintenance Foreman in the Parks & Recreation Department on November 1, 1999, after over thirty years of service to the County; and WHEREAS, while working in Animal Control, Mr. Hogan served as President of the Virginia Animal Control Association for 11 years; was instrumental in establishing state training standards for animal control officers throughout Virginia; and in 1991, was chosen National Animal Control Officer of the Year by the National Animal Control Association; and WHEREAS, in his position in Parks and Recreation, Mr. Hogan offered his unique skills and experience to maintain and upgrade County parks; and supported the County street sign shop through his exceptional custom sign fabrication ability; and was committed to the success of all County special events, programs, and construction projects; and WHEREAS, Mr. Hogan, through his employment with Roanoke County, has been instrumental in improving the quality of life for its citizens. 11 NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County expresses its deepest appreciation and the appreciation of the citizens of Roanoke County to KENNETH L. HOGAN for over thirty years of capable, loyal and dedicated service to Roanoke County. FURTHER, the Board of Supervisors does express its best wishes for a happy, restful, and productive retirement. On motion of Supervisor Nickens to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Minnix, Church, Nickens, McNamara NAYS: None A COPY TESTE: Mary H. Allen, CMC/AAE Clerk to the Board of Supervisors cc: File Resolutions of Appreciation File Joseph Sgroi, Director, Human Resources Pete Haislip, Director, Parks & Recreation 2 A -012500-3.e ACTION # ITEM NUMBER MEETING DATE: January 25, 2000 AGENDA ITEM: Request for appropriation of $3,625 for the Artists -in -Education Residency Program COUNTY ADMINISTRATOR'S COMMENTS: ,11c�e Nancy Ruth Patterson, published author, will work in the five secondary schools as a writer -in - residence. She will work with core groups of students who express an interest in writing and publishing. The Virginia Commission of the Arts provided $3,625 through a grant. SUMMARY OF INFORMATION: Roanoke County Schools received $3,625 from the Virginia Commission for the Arts to employ Nancy Ruth Patterson as a writer -in -residence in the secondary schools. FISCAL IMPACT: none STAFF RECOMMENDATION: Staff recommends appropriating $3,625.00 for the Artist -in -Education Residency Program Budget Code 787020 - VCA Elementary English Lorraine S. Lange Elmer C. Hodge Associate Director of Instruction County Administrator Approved (x) Denied ( ) Received ( ) Referred ( ) To ( ) ACTION Motion by: Harry C. Nickens to approve cc: File Lorraine S. Lange, Associate Director of Instruction Diane D. Hyatt, Director, Finance Dr. Linda Weber, School Superintendent Brenda Chastain, Clerk, School Board VOTE No Yes Abs Church _ x Harrison _ x _ McNamara_ x _ Minnix _ x _ Nickens x A -012500-3.f ACTION # ITEM NUMBER" MEETING DATE: January 25, 2000 AGENDA ITEM: Appropriation of $279.51 reimbursement from Virginia Western Community College to the Dual Enrollment Program. COUNTY ADMINISTRATOR'S COMMENTS: BACKGROUND: Roanoke County Schools and Virginia Western Community College have an agreement whereby the college provides college level courses in English, US History, and certain vocational subjects. These courses are taught by Roanoke County teachers who meet the college's criteria for adjunct professors. Monies that have been collected exceed the expenses; therefore, there is a request for these additional funds to be appropriated for inservice and materials that will be used in the program. SUMMARY OF INFORMATION: Roanoke County Schools added three students to the dual enrollment count for first semester. VWCC reimbursed Roanoke County Schools $279.51 for services rendered. FISCAL IMPACT: Roanoke County Schools requests that $279.51 use in the dual enrollment program. be appropriated to the instructional program for STAFF RECOMMENDATION: Staff recommends appropriating $279.51 for dual enrollment Budget Code 0002500515 Lorraine S. Lange Elmer C. Hodge Associate Director of Instruction County Administrator Approved (x) Denied ( ) Received ( ) Referred ( ) To ( ) ACTION Motion by: Harry C. Nickens to approve cc: File Lorraine S. Lange, Associate Director of Instruction Diane D. Hyatt, Director, Finance Dr. Linda Weber, School Superintendent Brenda Chastain, Clerk, School Board VOTE No Yes Abs Church _ 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, JANUARY 25, 2000 RESOLUTION 012500-3.g EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY UPON THE RETIREMENT OF FRANCES B. HAGGERTY, POLICE DEPARTMENT WHEREAS, Frances B. Haggerty was first employed by Roanoke County on July 1, 1975, and has held the positions of Deputy, and Police Officer - Criminal Investigator; and WHEREAS, Sergeant Haggerty was the first female officer to patrol the streets of Roanoke County, and the skills and abilities that she demonstrated paved the way for many others of her gender to follow in her footsteps; and WHEREAS, Sergeant Haggerty was the County's first Polygraph (lie detector) examiner and was noted for her skill and ability to use this instrument; and WHEREAS, Sergeant Haggerty served as a detective for almost twenty years, and was recognized for her ability to talk to persons who had committed crimes in such a professional mannerthat in many cases the investigation was resolved almost immediately; and WHEREAS, Sergeant Haggerty retired from Roanoke County on January 1, 2000, as a Police Officer - Sergeant, after more than twenty four years of service; and WHEREAS, Sergeant Haggerty, through her employment with Roanoke County, has been instrumental in improving the quality of life for its citizens. 1 NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County expresses its deepest appreciation and the appreciation of the citizens of Roanoke County to FRANCES B. HAGGERTY for over twenty-four years of capable, loyal and dedicated service to Roanoke County. FURTHER, the Board of Supervisors does express its best wishes for a happy, restful, and productive retirement. On motion of Supervisor Nickens to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Minnix, Church, Nickens, McNamara NAYS: None A COPY TESTE: Mary H. Allen, CMC/AAE Clerk to the Board of Supervisors cc: File Resolutions of Appreciation File Joseph Sgroi, Director, Human Resources Ray Lavinder, Chief of Police 2 A -012500-3.h ACTION NO. ITEM NO. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: January 25, 2000 AGENDA ITEM: DONATION OF STORM DRAINAGE EASEMENT ON PROPERTY OWNED BY GARY H. WOOD AND SHELLY R. WOOD (TAX MAP NO. 77.14-06-45) IN THE CAVE SPRING MAGISTERIAL DISTRICT TO THE BOARD OF SUPERVISORS OF ROANOKE COUNTY. i This consent agenda item involves acceptance of the following easement conveyed to the Board of Supervisors for storm drainage purposes in connection with Drainage Project P-245, Poplar Drive, Castle Hill Subdivision, Cave Spring Magisterial District of the County of Roanoke: a) Donation of storm drainage easement, of variable width, from Gary H. Wood and Shelly R. Wood, property owner, (Tax Map No. 77.14-06-45) as shown on the map attached hereto (Exhibit "A"). The County's engineering staff has reviewed and approved the location and dimension of this easement. Staff recommends acceptance of these easement. 1 SU-EWITTED BY: APPROVED BY: AVvQA Arnold Covey, Director Elmer C. Hodge Department of Community Development County Administrator Approved (x) Denied ( ) Received ( ) Referred ( ) To ( ) ACTION VOTE No Yes Abs Motion by: Harry C. Nickens to approve Church _ x Harrison _ x McNamara_ x _ Minnix _ x Nickens _ x _ cc: File Arnold Covey, Director, Community Development Gary Robertson, Director, Utility Paul M. Mahoney, County Attorney r^. Exemption Claimed: Grantee is exempted from recordation taxes and fees pursuant to § 58.1-811A(3), Code of Virginia. Prepared by Martin, Hopkins & Lemon P. 0. Box 13366 Roanoke, Virginia 24033 Tax Map No.: 77.14-06-45 Property Owners: Gary H. Wood and Shelly R. Wood THIS DEED OF EASEMENT, made this day of , by and between GARY H. WOOD AND SHELLY R. WOOD, husband and wife ("Grantor") and the BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA ("Grantee"). W I T N E S S E T H That for and in consideration of the sum of One Dollar ($1.00), paid in hand at and with the execution and delivery of this Deed of Easement, and other good and valuable consideration, the receipt, adequacy and sufficiency of which is hereby acknowledged, the Grantor does hereby GRANT and CONVEY with General Warranty and Modern English Covenants of Title unto the Grantee, its successors and assigns, the following described easement, to -wit: A perpetual RIGHT and EASEMENT, 5 feet in width, to construct, operate, maintain, inspect and repair or replace a drainage system and related improvements including slope(s), if applicable, together with the right of ingress and egress thereto from a public road, upon, over, under, and across a tract or parcel of land belonging to the Grantor, acquired by deed dated May 27, 1998, and recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Deed Book 1580, page 143, and designated on the Roanoke County Land Records as Tax Map No. 77.14-06-45 (the "Property"). The location of said easement is more particularly described on the plat attached hereto as "Exhibit All and by this reference made a part hereof (the "Plat"). Martin, II Hopkins & Lemon, P.C. 1 �— The Grantee agrees to restore and repair any actual damage to Grantor's Property which may be directly caused by the construction, reconstruction, or maintenance of said project except as hereinafter provided. The Grantor agrees that the Grantee will not be expected to restore the Property to the identical original condition, but rather as near thereto as is practicable, and that the Grantor will cooperate with the Grantee in effectuating such restoration. It is expressly agreed between the parties hereto that the Grantee and its agents shall have the right to inspect the easement herein granted and to cut, clear, and remove all undergrowth, obstructions, or improvements lying within, upon, or adjacent to said easement, that in any way endanger or interfere with the proper use of the same. The Grantor covenants that no building or structure shall be erected upon or within the easement herein granted or placed in such location as to render said easement inaccessible. In the event that this covenant is violated, the Grantee shall not be obligated to repair, replace, or otherwise be responsible for such improvements if damaged or removed. The Grantor acknowledges that the plans for the aforesaid project as they affect the Property have been fully explained to Grantor or Grantor's authorized representative. The fixtures, facilities, lines, utilities, and any other improvements placed upon, under, or across the Property by the Grantee shall remain the property of the Grantee. The easement Martin, II Hopkins & Lemon, P.C. 2 herein granted is in addition to, and not in lieu of, any easement or right-of-way now in existence or which may be acquired in the future. The Grantor covenants and agrees for themselves, and for their heirs, successors, successors in title, executors, legal representatives and assigns that the consideration aforementioned and the covenants herein shall be in lieu of any and all claims to I compensation and damages by reason of the location, construction, operation, maintenance, or reconstruction of or within the easement herein granted. The grant and provision of this Deed of Easement shall constitute a covenant running with the land for the benefit of the Grantee, its successors and assigns forever. To have and to hold unto the Grantee, its successors and assigns forever. Elmer C. Hodge, County Administrator of Roanoke County, Virginia, hereby joins in the execution of this instrument to signify the acceptance by said Board of Supervisors of the real estate conveyed herein pursuant to Ordinance No. adopted by the Board of Supervisors of Roanoke County, Virginia, on the day of , 199 WITNESS the following signatures and seals: GRANTOR: . ---- (SEAL) GARY H. W OD (SEAL) SHELL*Y',5. WOOD Martin, I� Hopkins & Lemon, P.C. 3 ST M V11po'k COUNT /CITY OF to -wit: The foregoing instrument was acknowledged before me this 12-0-1 day of by Gary H. Wood. Notary Public My commission expires:al �JUtJ STATE OF OUNT /CI , to -wit: r-NAT,he foregoing instrument was acknowledged bef re me this ,_ day of (Ynl.ln�KA by Shell4y R. Wood. N ary Public My commission expires: Aa(LZ)t_ ci Approved as to form: BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA Martin, Hopkins & Lemon, P.C. Elmer C. Hodge STATE OF VIRGINIA, COUNTY/CITY OF ROANOKE, to -wit: (SEAL) The foregoing instrument was acknowledged before me this day of I , by Elmer C. Hodge, County Administrator, on behalf of the Board of Supervisors of Roanoke County, Virginia. Notary Public My commission expires: Martin, II Hopkins & Lemon, P.C. 4 2-04--199S 8 : 15PM FROM P. 2 METES AND BOUNDS DESCRIPTIONS SHOWN ON THIS PLAT .REPRESENT A COMPOSITE OF DEEDS, PLATS, AND CALCULATED INFORMATION AND DO NOT REFLECT AN ACCURATE BOUNDARY SURVEY. Ydr 5' V. NEW DRAINAGE EASEMENT--,, EXIMING 10' D. E. TaxMap NO 77.14-8-46 Lof 2,? 7°41 75' Property of Gary H. & Shelly R. Wood I Tax Map NO 77.14-6-45 Lof 21 34 is 75, N87.41'52'W POPLAR DR Tax Map NO 77.14-8-44 Loc` 20 TAX MAP NO, 77.14-6-45 SCALE:.- 1'=50' PLAT SHOWING NEW DRAINAGE EASEMENT i+,� BEING CONVEYED TO ROANOKE COUNTY BY GARY H & SHELLY R, WOOD PREPARED BY ROANOKE COUNTY ENCINEERrNo DEPARTMENT DATE': 07-19-99 N LO to 00 mN .4 A fu co r. N Tax Map NO 77.14-6-45 Lof 21 34 is 75, N87.41'52'W POPLAR DR Tax Map NO 77.14-8-44 Loc` 20 TAX MAP NO, 77.14-6-45 SCALE:.- 1'=50' PLAT SHOWING NEW DRAINAGE EASEMENT i+,� BEING CONVEYED TO ROANOKE COUNTY BY GARY H & SHELLY R, WOOD PREPARED BY ROANOKE COUNTY ENCINEERrNo DEPARTMENT DATE': 07-19-99 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JANUARY 25, 2000 RESOLUTION 012500-4 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 McNamara to adopt the Certification Resolution; and carried by the following recorded vote: AYES: Supervisors Johnson, Minnix, Church, Nickens, McNamara NAYS: None A COPY TESTE: Mary H. Allen, CMC/AAE Clerk to the Board of Supervisors cc: File Closed Session File A-012500-5 ACTION NO. ITEM NUMBER Q i AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: January 25, 2000 AGENDA ITEM: Request to rescind the administrative application of roll -back taxes on separated or split -off lots or parcels of land in the use value assessment program; appropriate funds from the general Fund and notify the property owners. COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Following a work session on the above subject, Supervisor Church moved to rescind the County's administrative application of roll -back taxes on separated or split -off lots or parcels of land in the use value assessment program. This application of roll back taxes began in August, 1999. This action is based upon an administrative opinion from the State Department of Taxation. This action also authorizes and appropriates funds from the General Fund to pay any refunds of roll -back taxes. County staff shall notify the property owners and participants in the real estate conveyances affected by this interpretation, determine if refunds would be sought, and if written notice of future uses compatible with the land use program will be submitted. Approved (x) Denied ( ) Received ( ) Referred ( ) To ( ) ACTION VOTE No Yes Abs Motion by: H. Odell Minnix to approve Church _ x _ cc: File Paul M. Mahoney, County Attorney John Birckhead, Director, Real Estate Valuation Diane D. Hyatt, Director, Finance 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, JANUARY 25, 2000 RESOLUTION 012500-6.a SUPPORTING THE TEA -21 GRANT APPLICATION FOR PHASE II OF THE BLUE RIDGE PARKWAY INTERPRETIVE CENTER. WHEREAS, the Transportation Enhancement Act for the 21st Century (TEA -21) was signed into federal law in June 1998, and WHEREAS, the Act authorizes $18.5 million a year through 2003 in Virginia for transportation enhancement, and WHEREAS, a transportation enhancement grant application has been submitted by Roanoke County for Phase II of the Blue Ridge Parkway Interpretive Center, for exhibit fabrication and installation, audio-visual equipment and facilities, related upfit and landscaping; and WHEREAS, the purpose of the Interpretive Center is to orient visitors to the Blue Ridge Parkway and surrounding region and to interpret the cultural heritage, scenic qualities and recreational features of the Parkway region in this area of Virginia and to provide tourist information about attractions in the Roanoke Valley and western Virginia, and WHEREAS, the grant application requests $500,000 in TEA -21 funds, matched by $167,000 in National Park Service and Roanoke County in-kind services and private donations, and WHEREAS, each grant application must be accompanied by a resolution of support from the local government by January 31, 2000; BE IT THEREFORE RESOLVED, that the Board of Supervisors of Roanoke County supports the TEA -21 grant application for Phase II of the Blue Ridge Parkway Interpretive Center. On motion of Supervisor Nickens to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Minnix, Church, Nickens, McNamara NAYS: None A COPY TESTE: Mary H. Allen, CMC/AAE Clerk to the Board of Supervisors cc: File Arnold Covey, Director, Community Development Janet Scheid, Senior Planner Joyce Waugh, Assistant Director, Economic Development AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JANUARY 25, 2000 RESOLUTION 012500-6.b SUPPORTING THE TEA -21 GRANT APPLICATION FOR PHASE I OF THE ROANOKE RIVER GREENWAY PROJECT WHEREAS, the Transportation Enhancement Act for the 21st Century (TEA -21) was signed into federal law in June 1998, and WHEREAS, the Act authorizes $18.5 million a year through 2003 in Virginia for transportation enhancement, and WHEREAS, a transportation enhancement grant application has been submitted by Roanoke County and the City of Salem for Phase 1 of the Roanoke River Greenway project, a 7.2 mile section in western Roanoke County and the City of Salem, and WHEREAS, the grant application requests $1.6 million in TEA -21 funds, matched by $527,000 in right-of-way donations, in-kind services and capital funds, and WHEREAS, Roanoke County's share of the capital funds would be $76,000 over three years or approximately $25,000 per year, and WHEREAS, the Roanoke River Greenway is considered the backbone of the Roanoke Valley greenway system, and WHEREAS, each grant application must be accompanied by a resolution of support from the local government by January 31, 2000; BE IT THEREFORE RESOLVED, that the Board of Supervisors of Roanoke County supports the TEA -21 grant application for Phase I of the Roanoke River Greenway project. On motion of Supervisor Nickens to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Minnix, Church, Nickens, McNamara NAYS: None A COPY TESTE: Mary H. Allen, CMC/AAE Clerk to the Board of Supervisors cc: File Arnold Covey, Director, Community Development Janet Scheid, Senior Planner Joyce Waugh, Assistant Director, Economic Development Elizabeth Belcher, Greenway Coordinator AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JANUARY 25, 2000 RESOLUTION 012500-6.c SUPPORTING THE TEA -21 GRANT APPLICATION FOR VIEWSHED ANALYSIS AND ACQUISITION ALONG RT. 785. WHEREAS, the Transportation Enhancement Act for the 21st Century (TEA -21) was signed into federal law in June 1998, and WHEREAS, the Act authorizes $18.5 million a year through 2003 in Virginia for transportation enhancement, and WHEREAS, a transportation enhancement grant application has been submitted by Roanoke County to identify, prioritize and obtain conservation easements through purchase or donation on viewshed areas along Virginia Scenic Byway Route 785 (Catawba/Blacksburg Road) in Roanoke County, and WHEREAS, the grant application requests $500,000 in TEA -21 funds, matched by $500,000 in land donation with no funds being requested from Roanoke County, and WHEREAS, each grant application must be accompanied by a resolution of support from the local government by January 31, 2000; BE IT THEREFORE RESOLVED, that the Board of Supervisors of Roanoke County supports the TEA -21 grant application for viewshed analysis and acquisition along Rt. 785. On motion of Supervisor Nickens to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Minnix, Church, Nickens, McNamara NAYS: None A COPY TESTE: Mary H. Allen, CMC/AAE Clerk to the Board of Supervisors cc: File Arnold Covey, Director, Community Development Janet Scheid, Senior Planner Joyce Waugh, Assistant Director, Economic Development AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JANUARY 25, 2000 ORDINANCE 012500-7 VACATING AND CLOSING AN UNIMPROVED AND UNUSED RIGHT-OF-WAY KNOWN AS OAK STREET IN RIVERDALE SUBDIVISION SHOWN IN PLAT BOOK 2, PAGE 83%, AND DEDICATED TO THE PUBLIC IN DEED RECORDED IN DEED BOOK 855, PAGE 632. WHEREAS, Petitioner Linda T. Clingenpeel is the owner of a parcel of land adjacent to Oak Street, being part of Lot 1, Section 25, shown on 'Map of the Easterly Portion of Riverdale,' recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Plat Book 2, Page 831/2, said parcel being designated on the Roanoke County Land Records as Tax Map #70.04-2-57; and, WHEREAS, Petitioners Michael Harold & Linda T. Clingenpeel are the owners of a parcel of land adjacent to Oak Street, being the major portion of Lot 10, Section 13, shown on 'Map of the Easterly Portion of Riverdale,' recorded in the aforesaid Clerk's Office in Plat Book 2, Page 831/2, said parcel being designated on the Roanoke County Land Records as Tax Map #70.04-2-58; and, WHEREAS, Petitioners Dennis A. & Maxine C. Musselman are the owners of a parcel of land adjacent to Oak Street, being the eastern 1/2 of Lot 11, Section 13, shown on 'Map of the Easterly Portion of Riverdale,' recorded in the aforesaid Clerk's Office in Plat Book 2, Page 831/2, said parcel being designated on the Roanoke County Land Records as Tax Map #70.04-2-14; and, WHEREAS, the Petitioners have requested that the Board of Supervisors of Roanoke County, Virginia, vacate and close Oak Street, which is an unimproved, unused right-of-way, measuring 40' in width and approximately 913.30' in length, extending from Highland Road to Eastland Road, being shown and created on the plat entitled 'Map of the Easterly Portion of Riverdale' recorded as aforesaid in Plat Book 2, Page 83'/2, and being designated on the Roanoke County Land Records as Tax Map #70.04-2-67; and, WHEREAS, all of the streets, avenues, roads and alleys shown on the plat of Riverdale, recorded in Plat Book 2, Page 83 and 83'/2, including Oak Street, were dedicated to the public by Deed of Release and Dedication dated June 24, 1968, from Benjamin E. Chapman, Special Receiver of Riverdale Farm Corporation, recorded in the aforesaid Clerk's Office in Deed Book 855, page 632; and, WHEREAS, §15.2-2272.2 of the Code of Virginia (1950, as amended) requires that such action be accomplished by the adoption of an ordinance by the governing body; and, WHEREAS, notice has been given as required by §15.2-2204 of the Code of Virginia (1950, as amended), and the first reading of this ordinance was held on January 11, 2000; the public hearing and second reading of this ordinance was held on January 25, 2000. NOW THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That an unimproved, unused right-of-way, situate in the Vinton Magisterial District and known as Oak Street, measuring 40' in width and approximately 920' in length, extending from Highland Road to Eastland Road as shown and created on the plat entitled 'Map of the Easterly Portion of Riverdale' recorded as aforesaid in Plat Book 2, Page 83'/2, and designated on the Roanoke County Land Records as Tax Map #70.04-2-67, said right- of-way having been dedicated to the public by Deed of Release and Dedication dated June 24, 1968, and recorded in the aforesaid Clerk's Office in Deed Book 855, page 632, be, and 2 hereby is, vacated and closed pursuant to Section 15.2-2272 of the Code of Virginia (1950, as amended), subject to the following conditions: a. That a perpetual public utility easement, forty feet (40') in width and approximately 920' in length, extending from Highland Road to Eastland Road, together with the right of ingress and egress thereto from a public road, is hereby reserved and retained. The location of said easement is shown highlighted and designated as "AREA TO BE VACATED" on the 'Map Showing Area To Be Vacated Tax Map No. 70.04-2-67' attached hereto as Exhibit A and made a part hereof. b. That fee simple title to Oak Street shall vest in the owners of the abutting properties as provided in §15.2-2274 of the Code of Virginia (1950, as amended), subject to the above-described public utility easement and subject to the condition that the vacated area of land shall be added and combined, by deed or by plat, to said abutting properties, in compliance with the Roanoke County Subdivision and Zoning Ordinances, and other applicable laws and regulations. C. That all costs and expenses associated herewith, including but not limited to publication, survey and recordation costs, shall be the responsibility of the Petitioners; and, 2. That the County Administrator, an Assistant County Administrator, or any County Subdivision Agent is hereby authorized to execute such documents and take such actions as may be necessary to accomplish the provisions of this ordinance, all of which shall be on form approved by the County Attorney. 3. Thatthis ordinance shall be effective on and from the date of its adoption, and a certified copy of this ordinance shall be recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in accordance with §15.2-2272.2 of the Code of Virginia (1950, as amended). On motion of Supervisor Nickens to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Johnson, Minnix, Church, Nickens, McNamara 3 NAYS: None A COPY TESTE: Mary H. Allen, CMC/AAE Clerk to the Board of Supervisors cc: File Arnold Covey, Director, Community Development Terry Harrington, County Planner Paul M. Mahoney, County Attorney John W. Birckhead, Director, Real Estate Assessment S 12. 13. 14. lot 8ss I2A 0 8ss '°O 60. 3° 703 7011,103 :32. s2 co 61. s 67. h 5.8. / CD F=BIT A 57. / 56. _ 1.25 Ac. 2.04 Ac. / / 63 /o cv 55. , AREA TO VACATE 15. 2.10 Ac. Mo >> V1 16. 2.08 Ac. h� r 76 54. 2.47 Ac. ROANOEE COUNTY Map Showing Area DEPARTMENT OF To Be Vacated COMMUNITY DEVELOPMENT Tax Map No. 70.04-2-67 � J AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JANUARY 25, 2000 ORDINANCE 012500-8 VACATING AND CLOSING AN UNIMPROVED AND UNUSED PORTION OF 50' RIGHT-OF-WAY KNOWN AS GOFF ROAD LYING BETWEEN LOT 2, BLOCK 11 (TAX MAP #18.17-3-3), AND LOT 1, BLOCK 14 (TAX MAP #27.06-1-1), IN SECTION NO. 1, NORTH BURLINGTON HEIGHTS SUBDIVISION SHOWN IN PLAT BOOK 3, PAGE 57 WHEREAS, Petitioner Margaret H. Camper is the owner of a parcel of land adjacent to a portion of Goff Road, said parcel being Lot 2, Block 11, of 'Map Showing Section No. 1, North Burlington Heights' recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Plat Book 3, page 57, and designated on the Roanoke County Land Records as Tax Map #18.17-3-3; and, WHEREAS, Petitioners Alva F. & Myrtle W. Pullen are the owners of a parcel of land adjacent to a portion of Goff Road, said parcel being Lot 1, Block 14, of `Map Showing Section No. 1, North Burlington Heights' recorded in the aforesaid Clerk's Office in Plat Book 3, page 57, and designated on the Roanoke County Land Records as Tax Map #27.06-1-1; and, WHEREAS, the Petitioners have requested that the Board of Supervisors of Roanoke County, Virginia, vacate and close the portion of Goff Road lying between the above-described lots, which is an unimproved, unused right-of-way, measuring 50' in width and approximately 250' in length, extending northeasterly from Enon Drive (Route 1806) between Lot 2, Block 11, and Lot 1, Block 14, of Section No. 1, North Burlington Heights Subdivision, being shown and created on the plat entitled 'Map Showing Section No. 1, North Burlington Heights' recorded in the aforesaid Clerk's Office in Plat Book 3, page 57; and, WHEREAS, §15.2-2272.2 of the Code of Virginia (1950, as amended) requires that such action be accomplished by the adoption of an ordinance by the governing body; and, WHEREAS, notice has been given as required by §15.2-2204 of the Code of Virginia (1950, as amended), and the first reading of this ordinance was held on January 11, 2000; the public hearing and second reading of this ordinance was held on January 25, 2000. NOW THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That an unimproved, unused right-of-way, situate in the Hollins Magisterial District and known as a portion of Goff Road, measuring 50' in width and approximately 250' in length, extending northeasterly from Enon Drive (Route 1806) between Lot 2, Block 11 (Tax Map #18.17-3-3) and Lot 1, Block 14 (Tax Map #27.06-1-1), of Section No. 1, North Burlington Heights Subdivision, being shown and created on the plat entitled 'Map Showing Section No. 1, North Burlington Heights' recorded in the aforesaid Clerk's Office in Plat Book 3, page 57, and further shown and designated as "RIGHT-OF-WAY TO BE VACATED (.32 Ac.)" on Exhibit A attached hereto and incorporated herein, be, and hereby is, vacated and closed to the extent that any public or County interest may exist, pursuant to Section 15.2-2272 of the Code of Virginia (1950, as amended), subject to the following conditions: a. That a perpetual water and sewer easement, public utility easement, and public access trail and greenway easement, fifty feet (50') in width, and extending northeasterly from Enon Drive (Route 1806) between Lot 2, Block 11 (Tax Map #18.17-3-3) and Lot 1, Block 14 (Tax Map #27.06-1-1), of Section No. 1, North Burlington Heights Subdivision, a distance of approximately 250 feet, to construct, install, improve, operate, inspect, use, maintain, remove, monitor, repair or replace present or future public access trail(s) and water, sewer, or public utility lines, pipes, courses, ditches, facilities, systems and other 2 necessary or related structures, appurtenances and improvements, together with the right of ingress and egress thereto from a public road, is hereby reserved and retained. The location of said easement is shown and designated as "RIGHT OF WAY TO BE VACATED (32 Ac.)" on the'Map Showing Right -of -Way To Be Vacated Between Tax Map No. 18.17-3-3 & 27.06-1-1,' prepared by the Roanoke County Department of Community Development, attached hereto as Exhibit A and made a part hereof. b. That fee simple title to the subject portion of Goff Road shall vest as provided by law, subject to the above-described easements reserved in subparagraph a. above and subject to the condition that the vacated area of land shall be added and combined, by deed or by plat, to abutting properties, in compliance with the Roanoke County Subdivision and Zoning Ordinances, and other applicable laws and regulations. C. That all costs and expenses associated herewith, including but not limited to publication, survey and recordation costs, shall be the responsibility of the Petitioners; and, 2. That the County Administrator, an Assistant County Administrator, or any County Subdivision Agent is hereby authorized to execute such documents and take such actions as may be necessary to accomplish the provisions of this ordinance, all of which shall be on form approved by the County Attorney. 3. That this ordinance shall be effective on and from the date of its adoption, and a certified copy of this ordinance shall be recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in accordance with §15.2-2272.2 of the Code of Virginia (1950, as amended). On motion of Supervisor Johnson to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Johnson, Minnix, Church, Nickens, McNamara NAYS: None Q A COPY TESTE: Mary H. Allen, CMC/AAE Clerk to the Board of Supervisors cc: File Arnold Covey, Director, Community Development Terry Harrington, County Planner Paul M. Mahoney, County Attorney John W. Birckhead, Director, Real Estate Assessment C! I----- -I — ----- caro— Bach and Newbern � 18.18-1-1 1 _ • « r' �. ..., / / � • tii•" a t. n•. / �. \C 1 ou.. anus � • :''• '�/ti's ' c +•jt •+;� ' � e Access prohibited by zoning, - G ° February 1990, #9290 - IS � ys �F � your \\ /� \\ .io.• \ \\O'er � \\ 1614 ` PSN m• - •i y, ('j ) LI 'a u \\ r A• \/ fA' \ M ° \ Signaled 'Desirable n \ Intersection/ " ccess f, \\ Potential 'A ,Per VDOT' \ a ROANOKE COUNTY D.EPAPTMENT OF COMMUNITY DEVELOPMENT \ mal/