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HomeMy WebLinkAbout9/26/2000 - Adopted Board RecordsAT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 26, 2000 RESOLUTION 092600-1 APPROVING AND AUTHORIZING THE EXECUTION OF A CONTRACT FOR THE PURCHASE OF ELECTRICITY FROM AMERICAN ELECTRIC POWER WHEREAS, Roanoke County and American Electric Power desire to enter into a two year contract commencing July 1, 2000, for the purchase of electricity for public purposes; and, WHEREAS, Roanoke County has benefitted from the professional assistance and expertise of the Virginia Municipal League and Virginia Association of Counties Steering Committee in negotiating a contract for electricity with American Electric Power for political subdivisions and public authorities in this service area; and, WHEREAS, the VMLNACo Steering Committee strongly recommends the contract negotiated, since the rates negotiated by it result in significant savings for all participating localities; and, WHEREAS, this contract establishes rates for general service, utility pumping and outdoor lighting/street lights. NOW THEREFORE, BE IT RESOLVED, BY THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA: 1) That the two year contract commencing July 1, 2000, for the purchase of electricity from American Electric Power is hereby approved and accepted. 2) That the County Administrator is hereby authorized to execute this contract on behalf of the Board of Supervisors and Roanoke County, upon form approved by the County Attorney. 1 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: Brenda J. Holton, CMC Deputy Clerk to the Board of Supervisors cc: File Gary Robertson, Director, Utility Paul M. Mahoney, County Attorney 2 A-092600-2 ACTION NO. ITEM NUMBER IE- '0 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 26, 2000 AGENDA ITEM: Request to Approve the Budget for the Day Reporting Program for FY 2000-01 COUNTY ADMINISTRATOR'S COMMENTS: BACKGROUND: After the closing of Youth Haven II last year, staff from the City of Roanoke and County of Roanoke met and developed a program to address the needs of youth in the Roanoke Valley. The process identified a need for a day reporting program as an alternative to youth who are eligible for secure detention. These services may be an alternative step leading to secure detention if behavior is not improved or as a step down to outreach detention type services from a secure detention environment. The program can provide assessment and diagnostic services for youth not previously seen by the Juvenile and Domestic Relations Court. It will endeavor to increase the youth's capabilities for personal accountability by providing treatment and services designed to increase the development of social competencies. Generally, the juvenile will participate in the program for forty (40) to one hundred twenty (120) days. A copy of the DAY REPORTING PROGRAM POLICY & PROCEDURE is attached for your review. The program is designed for a maximum capacity of 15 youths in the day program and 15 youths in the evening program. This is not a residential program and no overnight stays are permitted. Funding for the program is in the form of per diem rates of $80 per day paid by the placing locality. The County's costs are programmed as part of the Virginia Juvenile Community Crime Control Act (VJCCCA) budget. The budget for the Day Reporting Program is for the FY 2000-01 period which began August 7 and was opened to clients on August 14. The budget is $261,218 and includes the payments made by Roanoke 1 County as well as other time staff positions classification plan as Youth Haven II program FISCAL IMPACT: agencies and localities. The five (5) full are recognized in the County's pay and part of the staff positions of the former and are now funded through this program. This budget utilizes funding paid through the per diem costs and part of the VJCCCA grant program. No new monies from the General Fund are required. RECOMMENDATIONS: Staff recommends approval of the budget of the Day Reporting Program for FY 2000-01 in the amount of $261,218 as outlined on the attached budget document. Respectfully submitted, Approved by, John M. Chambli• s, Jr. E er C. Hodge Assistant Administrator County Administrator ------------------------------------------------------------------------------------------------------------------ Approved (x) Denied ( ) Received ( ) Referred ( ) To ( ) cc ACTION Motion by: Bob L. Johnson to approve budget with guarterly reports made on utilization File John M. Chambliss, Jr., Assistant Administrator Diane D. Hyatt, Chief Financial Officer VOTE No Yes Abs Church _ x _ Johnson _ x McNamara_ x Minnix _ x _ Nickens x IIDL�9OT, 197-111ISTA: T ---- I I Day Reporting Program SWAet Expenses Regular Salary _ 122,3731 Part - Time 25,000 FICA 9,362 Retirement 16,773 Deferred Comp 500 Health Insurance 10,955 Dental Insurance 850 Life Insurance 979 Contracted Janitorial Services 760 Prof. Services - Electronic Monitoring 6,000 Repairs Office Equipt Repairs Motor Vehicles _300', 300 Repairs WP Equipt _ 300' Repairs Equip t 600', Repairs Bldg and Grounds 1,000 Repairs Other Equipt 1,000 Printed Forms 3501 Advertising 200 Electricity 3,000 Heating 2,000 Water 1,000 Posta a__ 1,000 Telephones _ 2,000 Cell Phones 5001 Pager Services 3501 Liability Insurances Rent of Equipt 1,950 Travel (Mileage) 3,000 Dinner Meetings 200 Training and Education 1,700 Dues and Memberships 150 Employee Reco nitio'ns 200 Office Supplies 1,300 Small Equipt 4001 Food 9,000 _ _ Medical Supplies 2001 Janitorial Supplies 300 Bldg and Maint materials 200 Gas and Auto Supples 1,500 Subscriptions 250 Books 200 Recreation Equipt 1,500 Other Operating Supplies 100 Machinery and Equipt Replacement ,Unappropriated Amount 2,000 29,266 ---------------- Revenues 261,2181 VJCCCA allocation 178,25 Local Match 24,644 Other per diem payments 58,322 --------------- - 6 IIDL�9OT, 197-111ISTA: DAY REPORTING PROGRAM TREATMENT PROGRAM GOALS To provide classification of youth based on their level of risk to public safety. To provide improved supervision of identified youth based on their level of risk to public safety. To establish a program within a system of graduated sanctions that provides supervision and treatment for youth who are eligible for secure detention. (As an alternative to secure detention and outreach); within the continuum of these services; 1 -step up to secure detention from outreach; 2 -step down to outreach from detention. To provide assessment and diagnostic services for youth not previously before the Court. To increase youth's capabilities for personal accountability by providing treatment and services designed to increase the development of social competencies. DATREPORTING PROGRAM TREATMENT PROGRAM OBJECTIVES TO IMPROVE ACADEMIC ACHIEVEMENT. TO DEVELOP SOCIAL SKILLS AND ENHANCE PERSONAL DEVELOPMENT THROUGH INDIVIDUAL AND GROUP COUNSELING. TO PROVIDE DRUG COUNSELING AND/OR DRUG AWARENENSS IN ORDER FOR CLIENTS TO POTENTIALLY REMAIN DRUG FREE. TO REDUCE FURTHER ADJUDICATION. TO PROVIDE FAMILY COUNSELING AND PARENTING SKILLS TRAINING. TO ENHANCE FAMILY COHESIVENESS AND BUILD POSITIVE RELATIONSHIPS. TO PROVIDE CAREER DEVELOPMENT. TO RETURN CLIENTS BACK TO THE COMMUNITY AS PRODUCTIVE CITIZENS. TO PROVIDE RESOURCES AND ASSISTANCE TO ALL CLIENTS BY CREATING A NETWORK OF COMMUNITY SUPPORT. TO PROVIDE CLIENT ASSESSMENTS, DIAGNOSTIC AND CLASSIFICATION SERVICES WHICH WILL INCLUDE PSYCHOLOGICAL EVALUATIONS, WHEN DEEMED NECESSARY. TO PROVIDE AN ALTERNATIVE TO SECURE AND/OR RESIDENTIAL PLACEMENT IN A LESSER RESTRICTIVE ENVIRONMENT THAT IS CONDUCIVE FOR TREATMENT AND SOCIAL MODIFICATIONS. 6 VAC 35-150 DAY REPORTING PROGRAM POLICY & PROCEDURE PURPOSE (430) The purposes of the Day Reporting Program is to provide a structured, therapeutic alternative to juveniles who may otherwise be placed in detention. Juveniles court ordered into the program will customarily participate for forty (40) to one hundred twenty (120) days. TREATMENT OBJECTIVES (430) The Day Reporting Program Treatment Objectives are as follows: to improve academic achievement; to -develop social skills and enhance personal development through individual and group counseling; to provide drug counseling and/or drug awareness in order for clients to potentially remain drug free; to reduce further adjudication; to provide family counseling and parenting skills training; to enhance family cohesiveness and build positive relationships; to provide career development; to return clients back to the community as productive citizens; to provide resources and assistance to all clients by creating a network of community support; to provide client assessments, diagnostic and classification services which will include psychological evaluations, when deemed necessary; to provide an alternative to secure and/or residential placement in a lesser restrictive environment that is conducive for treatment and social modifications. MEASUREMENT OF PROGRESS (430) Progress in the Day Reporting Program will be measured by the following; No further legal offenses. Behavior Management System scores in the Acceptable or higher ranges. Discharge occurs as planned. ADMISSION CRITERIA(430,490,590) Only juveniles ages 12 —17 years old who are currently eligible for detainment may be accepted into the Day Reporting Program. A social history and/or diagnostic testing is not required prior to admission. Juveniles who are covered by Section 16.1-285.1 of the Juvenile Code will not be accepted into the program. Juveniles shall not be excluded from the program nor denied access to services on the basis of race, national origin, color, creed, gender, or sexual orientation. DRUG-FREE WORKPLACE POLICY (430) The Day Reporting Program is a drug free workplace. Day Reporting Program Policy & Procedure 6 VAC 35-150 BEHAVIOR MGMT SYSTEM (430) A copy of the rules of the program, expectations of participants and staff, a list of consequences for inappropriate behavior, including the procedures for removing a juvenile from the program is provided to the juvenile and his parent/guardian upon admission. CRITERIA & PROCEDURES FOR TERMINATING SERVICES (430) A participant may be released from the Day Reporting Program for committing a Major Rule Violation or by repeated Minor Rule Violations. Explanations of these violations and potential consequences are provided to the participant and his/her parent/guardian upon admission to the program. The procedure for emergency discharge is as follows: Program Supervisor and/or his/her designee will notify, by telephone or in person, the participant, participant's parent/guardian, and probation officer/referring agent immediately after Major Rule Violation. Participant will be removed from program immediately. Procedure for Planned Discharges: Program Supervisor and/or his/her designee will notify in writing, the participant, participant's parent/guardian, and probation officer/referring agent of a tentative discharge date. This letter will be mailed a minimum of 15 business days prior to that date and include an invitation to a scheduled pre -discharge conference. The conference will occur a minimum of 5 business days prior to the discharge date. For Emergency and Planned Discharges: Within 10 days of dismissal, the participant, participant's parent/guardian, and probation officer/referring agent will be mailed a Discharge Report which summarizes the participant's treatment, progress, reasons for discharge, and recommendations for further services. EVALUATION OF PROGRAM EFFECTIVENESS (430) The program collects data about the average score per client in the Behavior Management System, the number of clients who gained additional charges, and the number of clients who successfully completed the program. This data is compiled into a Quarterly Report that is provided to the Department of Juvenile Justice. NEWS MEDIA CONTACT POLICY (430) Any staff member contacted by the media will refer all inquiries and questions to the Day Reporting Program Supervisor. The Day Reporting Program Supervisor will meet with the Program Manager and any other necessary Roanoke County personnel to determine the appropriate response. CHANGE IN POLICY (430) Any changes in the above policy will be provided to the Department of Juvenile Justice Regional Office in writing. Page 2 of 7 6/00 Day Reporting Program Policy & Procedure . 6 VAC 35-150 EMPLOYEE & VOLUNTEER BACKGROUND CHECKS (440) All employees (regular and relief), interns, and volunteers of the Day Reporting Program must submit to a criminal record check, a driving record check and a Virginia Child Protective Services check. These checks will be completed prior to employment, beginning of an internship or volunteer work and will determine whether there are criminal acts or other_ circumstances that would be detrimental to the safety of juveniles in the Day Reporting Program. CONTRACTED SERVICES (435) When the Day Reporting Program contracts for services with public or private providers it shall adhere to the following policy: 1. Recruitment, screening and selection of providers will be handled by the Program Supervisor and/or the Program Manager. No contracts will be given to providers that are unable or unwilling to meet #2, #3 and #4 of this section. Providers will be required to be in full compliance with the licensing board that governs them. 2. All providers shall identify the case coordinator. 3. The Program Supervisor shall monitor the delivery of services under the terms of the contract. 4. The provider will be required to develop a service plan; document receipt of the referral, services provided, and termination of services; provide the Day Reporting Program with all information specified in the contract; conduct the records check required by 6*VAC 35-150-440 on all staff who provide services to individuals under the contract; participate in DJJ required program evaluation; provide appropriate evidence of fiscal accountability and responsibility. LIMITATION OF CONTACT WITH JUVENILES (450) When there are indications than employee (regular or relief) has a physical, mental or emotional condition that might compromise the safety of youth, the Day Reporting Program Supervisor and/or Roanoke County Department of Human Resources may require the employee immediately be removed from contact with youth until the situation is resolved. When there are indications than an intern or volunteer has a physical, mental or emotional condition that might compromise the safety of youth, the Day Reporting Program Supervisor may terminate the intern/volunteer services. PERSONNEL QUALIFICATIONS (460) Day Reporting Program staff, interns, and volunteers will be qualified for their positions based on their position descriptions and will receive training appropriate to their duties. Any staff and/or volunteers who provide professional services shall be appropriately licensed, certified, or be supervised by an appropriately licensed or certified person as required by law. Page 3 of 7 6/00 Day Reporting Program Policy & Procedure /1 6 VAC 35-150 .eG.• MEDICAL NEEDS/EMERGENCIES POLICY (470, 670) Upon admission, program staff shall by notified of individual juvenile's medical needs or restrictions and given specific instructions for meeting these needs. The parent/guardian of each youth placed in the Day Reporting Program will sign a permission form that empowers the Day Reporting Program staff to secure treatment for the youth if a medical emergency arises. FINANCIAL RECORDS (480) Financial records will be maintained by the County of Roanoke Finance Department. YOUTH'S RIGHTS (490,500) Juveniles shall not be subjected to: - Deprivation of drinking water or food necessary to meet daily nutritional needs except as ordered by a licensed physician for a legitimate medical purpose and documented in the juvenile's record. - Any action which is humiliating, degrading or abusive. - Corporal punishment. - Unsanitary conditions. - Deprivation of access to toilet facilities. - Confinement in a room with the door so secured that the juvenile cannot open it. - Medical or pharmaceutical testing for experimentation or research. CASE MANAGEMENT (510,520) Each juvenile shall have a separate case record that shall be kept up to date and in a uniform manner. Each record shall always contain identifying & demographic information on the juvenile; court order, placement agreement, or service agreement; rules imposed by judge or probation officer, if applicable; and date of acceptance and discharge. Juvenile's case records shall be kept confidential in accordance with applicable laws and regulations. Juvenile's case records will be kept in areas that are accessible only to authorized staff and in fire resistant locked compartments. Case records shall be kept in their entirety for a minimum of three years after the date of discharge. Permanent information such as participant's name, date & place of birth, dates of admission and discharge, reason for referral and release, names and addresses of parents and siblings, and name and address of legal guardian shall be kept on all participants even after the disposition of the participant's fire record. In the event the facility ceases operation, all records will be returned to the CSU from which the client was referred. CHILD ABUSE & NEGLECT POLICY (540) Any case of suspected child abuse or neglect will be reported immediately to the Department of Social Services with jurisdiction in the area of the alleged offense as required by the Code of Virginia. Page 4 of 7 6/00 Day Reporting Program Policy & Procedure 6 VAC 35-150 I\ INCIDENT DOCUMENTATION AND REPORTING (530) When an event or incident occurs which requires reporting by the Virginia Department` of Juvenile Justice or Roanoke County Government policy, the Day Reporting Program staff will document and report the event or incident on the Serious Incident Report in accordance with the County and State procedures. FACILITY & FIRE SAFETY(550,640) The Day Reporting Program premises shall comply with all applicable building, fire, sanitation, zoning and other federal, state, and local standards. It shall have liability insurance and be kept clean, in good repair and free of rubbish. The program shall maintain a written fire plan developed with the consultation and approval of the appropriate local fire authority and reviewed with the local fire authority at least annually and updated as necessary. There shall be at least one documented evacuation drill each month. Each new staff member shall be trained in fire safety and emergency procedures before assuming supervision of juveniles. SERVICE PLANS (560) The Day Reporting Program shall: 1. Develop an individual service plan that specifies goals, objectives, and the number and nature of contacts between the juvenile and staff. 2. Provide service plan information to supervising probation or parole officer, when applicable, to be included in and monitored as part of the supervision plan. 3. Document all contacts with the juvenile, the juvenile's family and others involved with the case. 4. Provide written progress reports to the referring agency at agreed upon intervals. RESPONSE TO CRISIS (570) The Day Reporting Program instructs all participants to call the program to notify of any crisis. If the Program is closed when the crisis occurs and the crisis requires notification the juvenile shall call the AOC pager number. The participant and the parent/guardian are notified of this, along with the AOC pager number, in writing upon admission. SUPERVISION (620) At all times that juveniles are on the Day Reporting Program premises, there shall be at least one qualified person actively supervising who has a current first aid and CPR certification. Day Reporting Program staff are responsible for managing juveniles' behavior, and shall not delegate this responsibility to other juveniles except as part of an approved leadership training program under the supervision of qualified staff. SUBSTANCE ABUSE & TESTING SERVICES (610) The Day Reporting program will provide Substance Abuse & Testing Services by contract, purchase through private provider, and/or by agreement with Court Service Unit substance abuse counselors. Page 5 of 7 6/00 Day Reporting Program Policy & Procedure 6 VAC 35-150 HOME SERVICES SAFETY POLICY (580) E -: -2� When making home visits with a youth and no parent/guardian is present and the counselor has reason to suspect or feels their safety is compromised, take the following precautions: Do not enter the home. Meet with the youth on the front steps or in the driveway. Notify the Day Reporting Program Supervisor immediately by telephone and document in the client's case record. If the counselor feels s/he cannot be safe meeting on the front steps or in the driveway, notify the Day Reporting Program Supervisor and other arrangements will be made. Under no circumstances should a Day Reporting Program staff member enter a home that s/he feels or has reason to suspect is not safe. At any time during a home visit a counselor believes that his/her safety is compromised in any way, the counselor will immediately leave the home. If during a home visit the counselor observes domestic violence, the counselor will assess the danger to all persons and respond accordingly. A typical and accepted response would be contacting the police. When a counselor- observes a severe injury to the youth from domestic violence or any other means, the counselor will call 911. If the parents are not present, the counselor will attempt to contact them to apprise them of the situation. MEALS (630) Participants in the program's first shift will receive a morning snack between 7:30am and 8:OOam and lunch between 12noon and 1 pm. Participants in the program's second shift will receive a snack between 5:OOpm and 5:30pm. FIRST-AID KITS (650) The Day Reporting Program shall maintain well -stocked first-aid kits in the center and vehicle(s). It shall be readily accessible for minor injuries and medical emergencies. MEDICATION DELIVERY (660) The Day Reporting Program will dispense prescription medication to participants when provided with a written agreement from parent(s)/guardian(s). Only staff who have received approved Medication Administration Training will dispense medication. Medication will only be dispensed when it is provided to the Day Reporting Program by the participants parent(s)/guardian(s), is in a prescription bottle with a label, and in the manner in which the label instructs. The date, time, dosage, and name of medication will be recorded in the daily log and in the participant's case record. This medication will be given to Day Reporting Program staff and will be held in a locked cabinet. Participants are not to be in possession of any prescribed medications and/or dispense medication to themselves or other participants. The Day Reporting Program will not dispense over-the-counter medications to any participants. Page 6 of 7 6/00 Day Reporting Program Policy & Procedure 6 VAC 35-150 TIME OUT (690) The Day Reporting Program will not utilize Time Out as a behavior management or disciplinary technique. RESTRAINT (680) The Day Reporting Program Restraint Policy is as follows: Restraint may only be used when (a) less restrictive interventions have failed (b) the juvenile's uncontrolled behavior could result in harm to self or others and (c) by staff who have received department -sanctioned training. It shall be only that which is minimally necessary to protect the juvenile or others. It shall be fully documented in the juvenile's record as to date, time, staff involved, circumstances, reasons for use of physical restraint, and extent of physical restraint used. The use of mechanical devices* and/or chemical substances to restrain a juvenile's behavior is prohibited. *This does not include electronic monitoring equipment. ELECTRONIC MONITORING (700,710,720,730,740) Juveniles who reside in their own home or a surrogate home may participate in electronic monitoring if the referring agency purchases this service for an additional fee. Electronic monitoring will be contracted through an outside provider. Electronic monitoring is not an automatic condition of probation, parole or predispositional supervision. Parent(s)/guardian(s) must give their consent, unless it is court ordered, and be fully oriented to the operation of the device and program rules prior to the juvenile being placed on electronic monitoring. The Electronic Monitoring Service Plan/Agreement shall designate the frequency, type and location of contacts the service provider will have with both the juvenile and his/her parents. How tampers and program violations will be investigated and responded to shall be explained in the Service Plan/Agreement. The Service Plan/Agreement shall also establish the maximum time the juvenile may be electronically monitored — 46 days unless a court order allows for a longer period of time. Page 7 of 7 6/00 y AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 26, 2000 ORDINANCE 092600-3 EXTENDING THE FRANCHISE OF BLACKSBURG/SALEM CABLEVISION , INC. D/B/A SALEM CABLE TV TO OPERATE A CABLE TELEVISION SYSTEM IN ROANOKE COUNTY FOR A PERIOD OF 90 DAYS WHEREAS, Blacksburg/Salem Cablevision, d/b/a Salem Cable TV, a wholly owned subsidiary of Adelphia Communications Corporation, currently holds a franchise granted by the Board of Supervisors of Roanoke County, Virginia, to operate a cable television system within portions of Roanoke Countywhich franchise expired on October4,1999, and was extended for a period of ninety (90) days by action of the Board of Supervisors on September 28, 1999, and for additional ninety (90) day periods by action of the Board on January 11, 2000, March 28, 2000, and June 27, 2000; and WHEREAS, negotiations are currently under way between Blacksburg/Salem Cablevision, Inc., d/b/a Salem Cable TV, and the County of Roanoke for the renewal of this franchise agreement, which negotiations may not be concluded sufficiently prior to such date to permit adoption of a new franchise agreement by the Board of Supervisors of the County of Roanoke prior to the expiration of the current franchise agreement on or about October 1, 2000; and WHEREAS, Blacksburg/Salem Cablevision, Inc., d/b/a Salem Cable TV, is prohibited by federal law from operating a cable television system within any jurisdiction without a franchise agreement or extension as defined by federal law; and WHEREAS, the first reading of this ordinance was held on September 12, 2000, and the second reading of this ordinance was held on September 26, 2000. I BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That in order to permit Blacksburg/Salem Cablevision, Inc., d/b/a Salem Cable TV, to continue to operate a cable television franchise within the territorial limits of Roanoke County, Virginia, after October 1, 2000, and to prevent any interruption of cable television services to customers of Salem Cable TV, the franchise of Blacksburg/ Salem Cablevision, Inc., d/b/a Salem Cable TV, for the operation of a cable television system within Roanoke County, Virginia, is hereby extended for a period of ninety (90) days beginning at 12:00, midnight, on October 1, 2000, under the same terms and conditions as contained in the existing franchise agreement originally granted by the Board of Supervisors of Roanoke County, Virginia, to Booth American Company, d/b/a Salem Cable TV, in October, 1994, and subsequently transferred to Blacksburg/Salem Cablevision, Inc., d/b/a Salem Cable TV, as of April, 1997. 2. This ordinance shall be in full force and effect from its passage. On motion of Supervisor Church to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Johnson, Minnix, Church, Nickens, McNamara NAYS: None A COPY TESTE: &4�ek (1, &&� Brenda J. Ho on, CMC Deputy Clerk to the Board of Supervisors cc: File Joseph B. Obenshain, Senior Assistant County Attorney oil I AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 26, 2000 ORDINANCE 092600-4 FOR AUTHORIZATION TO ACQUIRE NECESSARY WATER LINE EASEMENTS AND PROPERTY TO CONSTRUCT THE CAMPBELL HILLS WATER LINE WHEREAS, location plans for the Campbell Hills Water Line Project have been completed and the project will require acquisition of water line easements across certain properties; and WHEREAS, said easements are to be acquired to facilitate any future construction of the Campbell Hills Water Line; and WHEREAS, Section 18.04 of the Roanoke County Charter directs that the acquisition of real estate be accomplished by ordinance; the first reading of this ordinance was held on September 12, 2000; and the second reading was held on September 26, 2000. NOW, THEREFORE, be it ordained by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the acquisition and acceptance of the necessary water line easements for the Campbell Hills Water Line Project is hereby authorized across the following properties, referenced by tax map number, from the following property owners, their successors or assigns: TAX MAP NO. PROPERTY OWNER AMOUNT 72.02-1-8.1 Marshall, B. R. and Linda R. $ 600.29 72.02-1-8.2 Marshall, B. R. and Linda R. $ 50.00 72.02-1-8.4 Marshall, Anthony T. and Sharon $ 563.33 72.02-1-16 Thomas, Inc. $1788.23 72.02-1-45 Thomas, Inc. $ 18.89 1 2. That the consideration for each easement acquisition shall not exceed a value equal to 40% of the current tax assessment for the property to be acquired plus the cost of actual damages, if any; and I That the consideration for each easement shall be paid from the Campbell Hills Water Line Account; and 4. That the County Administrator is hereby authorized to execute such documents and take such actions as may be necessary to accomplish these acquisitions, all of which shall be on form approved by the County Attorney. On motion of Supervisor Church to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Johnson, Minnix, Church, Nickens, McNamara NAYS: None A COPY TESTE: Brenda J. Hol on, CMC Deputy Clerk to the Board of Supervisors cc: File Gary Robertson, Director, Utility Paul M. Mahoney, County Attorney Diane D. Hyatt, Chief Financial Officer 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 26, 2000 RESOLUTION 092600-5 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM J - CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the certain section of the agenda of the Board of Supervisors for September 26, 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 Item 1 through 8, inclusive, as follows: 1. Approval of minutes for July 25, 2000, August 8, 2000 and August 22, 2000. 2. Request to approve resolution reconstituting the Regional Community Criminal Justice Board for the Court Community Corrections Program and confirmation of County appointment. 3. Acceptance of Northwalk Drive and the remaining portion of Pettit Avenue into the Virginia Department of Transportation Secondary System. 4. Donation of a 15 foot drainage easement from Dane C. McBride, President of the Roanoke Church of Jesus Christ of Latter -Day Saints (Tax Map No. 46-07-01-01) in the Catawba Magisterial District. 5. Donation of a 10 foot strip of land for public right-of-way from Ira Garland Bower, Wanda Ruth Huff and Charlotte Anne Bibb (Tax Map No. 50.01-1- 16.9) in the Hollins Magisterial District. 6. Renewal of agreement to provide office space to the Roanoke Valley Greenway Commission. 7. Acceptance of water and sewer facilities serving Northbrooke, Section 1. 8. Confirmation of funding of seven solid waste vehicles through borrowing from the Future School Operating Reserve. 1 2. That the Clerk to the Board is hereby authorized and directed where required by law to set forth upon any of said items the separate vote tabulation for any such item pursuant to this resolution. On motion of Supervisor McNamara to adopt the Consent Resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Minnix, Church, Nickens, McNamara NAYS: None A COPY TESTE: Brenda J. Holt n, CMC Deputy Clerk to the Board of Supervisor cc: File Arnold Covey, Director, Community Development Gary Robertson, Director, Utility John M. Chambliss, Jr., Assistant Administrator Diane D. Hyatt, Director, Finance Penny Hodge, Schools Director of Budget Dr. Linda Weber, School Superintendent Brenda Chastain, Clerk, School Board RIj AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 26, 2000 RESOLUTION 092600-5.a RECONSTITUTING THE REGIONAL COMMUNITY CRIMINAL JUSTICE BOARD FOR THE COURT COMMUNITY CORRECTIONS PROGRAM AND CONFIRMATION OF COUNTY APPOINTEE RESOLUTION of the Board of Supervisors for the County of Roanoke, establishing, by joint action of the Boards of Supervisors of the Counties of Alleghany, Bath, Botetourt, Craig, Roanoke and Rockbridge, and the City Councils of the Cities of Buena Vista, Clifton Forge, Covington, Lexington, Roanoke and Salem, the membership of the Court -Community Corrections Regional Community Criminal Justice Board to serve the region composed of those Counties and Cities. WHEREAS, Boards of Supervisors of the Counties of Alleghany, Bath, Botetourt, Craig, Roanoke and Rockbridge, and the City Councils of the Cities of Buena Vista, Clifton Forge, Covington, Lexington, Roanoke and Salem have established and operate the Court -Community Corrections Program, a local pretrial services and community-based probation program established and operated pursuant to the provisions of Article 2 of Chapter 5 of Title 53.1 of the 1950 Code of Virginia, as amended; and WHEREAS, the Virginia Comprehensive Community -Corrections Act for Local - Responsible Offenders (Virginia Code § 53.1-180 et seq.) and the Virginia Pretrial Services Act (Virginia Code §19.2-152.2 et seq.) require the establishment and appointment of a Community Criminal Justice Board for the Court -Community Corrections Program; and 1 WHEREAS, a Regional Community Criminal Justice Board for the Court - Community Corrections Program previously has been established in accordance with law, and this Board of Supervisors now, and in conjunction with the governing bodies of the other jurisdictions which participate in this multijurisdictional program, deems it appropriate to reconstitute the Regional Community Criminal Justice Board for the Court -Community Corrections Program, pursuant to the authority granted to local governing bodies under Virginia Code §15.2-1411 and in consideration of the changes in the Code of Virginia since the Regional Community Criminal Justice Board's establishment; NOW, THEREFORE, pursuant to the authority granted to this Board by Virginia Code §§15.2-1411, 19.2-152.5, 53.1-183 and the organic law of the Commonwealth, IT IS RESOLVED: 1. That a Regional Community Criminal Justice Board for the Court -Community Corrections Program is established. 2. The Counties of Alleghany, Bath, Botetourt, Craig, Roanoke and Rockbridge, and the City Councils of the Cities of Buena Vista, Clifton Forge, Covington, Lexington, Roanoke and Salem are the jurisdictions which participate in the Court -Community Corrections Program. Each of these jurisdictions shall be represented on the Regional Community Criminal Justice Board. The Regional Community Criminal Justice Board shall consist of 25 persons, a number established by this resolution and by similar resolutions of the governing bodies of each of the other participating jurisdictions. The composition of the Regional Community Justice Board shall at all times comply with ail applicable statutes and regulations. Each participating city or county shall have an equal oil number of appointments. 3. In conjunction with resolutions of appointment adopted or to be adopted by the governing bodies of all participating jurisdictions, this Board of Supervisors appoints the following persons to the Regional Criminal Justice Board for the terms of years set forth below. Each appointment shall be effective as of July 1, 2000. Because §53.1-183 mandates that the Board's membership include persons who hold certain positions, this resolution sets out, beside the name of each person hereby appointed, a descriptive title for that person's position or occupation. Name and Title Term John M. Chambliss, Jr. 3 Years Assistant Administrator County of Roanoke Honorable George E. Honts, III 1 Year Judge, Circuit Court Twenty-fifth Judicial Circuit Honorable Julian H. Raney, Jr. 2 Years Judge, General District Court Twenty-third Judicial District Honorable John B. Ferguson 3 Years Judge, Juvenile @ Domestic Relations Court Twenty-third Judicial District James C. "Chris" Alderson, Esquire 3 Years Commonwealth Attorney Alleghany County/City of Covington Sheriff George McMillan 2 Years Roanoke City Sheriff's Office 3 Sheriff Gerald Holt Roanoke County Sheriff's Office Sheriff Ronnie Sprinkle Botetourt County Sheriff's Office Sheriff C. E. "Butch" Simpson Alleghany County Sheriff's Office Mr. John Higgins Acting Superintendent Rockbridge Regional Jail William H. Cleaveland, Esquire Attorney -at -Law Roanoke, Virginia Mr. Ray Burton Fitzgerald Chief Magistrate Twenty-fifth Judicial District Dr. David Smith Superintendent Bath County Public Schools Ms. Gail Burrus Director, Counseling Services Blue Ridge Community Services Board Roanoke, Virginia 1 Year 1 Year 2 Years 3 Years 3 Years 2 Years 1 Year 2 Years 4. This Board, in conjunction with the governing bodies of the other jurisdictions which have established the Court -Community Corrections Program, hereby reappoints the City of Salem as the fiscal agent for the program. On motion of Supervisor McNamara to adopt the resolution and appoint John M. Chambliss, Jr., Assistant Administrator, and carried by the following recorded vote: AYES: Supervisors Johnson, Minnix, Church, Nickens, McNamara NAYS: None 2 A COPY TESTE: 4j4' --- Brenda J. Hol on, CMC Deputy Clerk to the Board of Supervisors cc: File John M. Chambliss, Jr., Assistant Administrator THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, IN REGULAR MEETING ON THE 26TH DAY OF SEPTEMBER 2000, ADOPTED THE FOLLOWING: RESOLUTION 092600-5.b REQUESTING ACCEPTANCE OF NORTHWALK DRIVE AND THE REMAINING PORTION OF PETTIT AVENUE INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY SYSTEM WHEREAS, the streets described on the attached Additions Form SR -5(a), fully incorporated herein by reference, are shown on plats recorded in the Clerk's Office of the Circuit Court of Roanoke County, and WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised this Board the streets meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation, and WHEREAS, the County and the Virginia Department of Transportation have entered into an agreement on March 9, 1999, for comprehensive stormwater detention which applies to this request for addition, NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia Department of Transportation to add the streets described on the attached Additions Form SR -5(A) to the secondary system of state highways, pursuant to §33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements, and BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted right- of-way, as described, and any necessary easements for cuts, fills and drainage, and BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. Recorded Vote Moved By: Supervisor McNamara Seconded By: None Reguired Yeas: Supervisors Johnson Minnix Church Nickens, McNamara Nays: None Absent: None A Copy Teste: &41� Q Brenda J. Ho ton, CMC Deputy Clerk to the Board of Supervisors cc: File Arnold Covey, Director, Engineering & Inspections Virginia Department of Transportation 9 CCC NA rEN RNO � o Q m� sg 41 TOW"NSENO AO 2� VICINITY MAP, NORTH DESCRIPTION: 1 • Northwalk Drive - from the intersection with Pettit Avenue east to its cul-de-sac and from the intersection with Pettit Avenue west to its cul-de-sac. 2. Pettit Avenue - from the intersection with Townsend Road to the ' intersection with Northwalk Drive. LENGTH: (1) 0.15 MILES (2) 0.07 MILES RIGHT OF WAY: (1) 40 FEET (2) 40 FEET PAVEMENT WIDTH: (1) 28 FEET (2) 28 FEET SERVICE: (1) 12 HOMES (2)------- ROAYOKE COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT NORTHBROOKE, SECTION 1 Acceptance of Northwalk Drive and the remaining portion of Pettit Avenue into the Virginia Department of Transportation Secondary System.' 0 Fz � c <� O m O r 2 c s � Q N i( a a aa e a a a a c .CQ a a � yQq ri 1pp Vl ]— �{•-'' , ❑ m n a U a C� di < I.V i .110 m T d a d C a LCy a c a d c o d o . FL ti r a u:. 4 a S r- m .�t L S • � J � y CIA '7:- d Q � z ^ ^ 1 1 V m I ^ O Z A -092600-5.c ACTION NO. ITEM NO. ...7 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 26, 2000 AGENDA ITEM: DONATION OF 15' DRAINAGE EASEMENT FROM DANE C. MCBRIDE, PRESIDENT OF THE ROANOKE CHURCH OF JESUS CHRIST OF LATTER-DAY SAINTS (TAX MAP NO. 46.07-01-01) IN THE CATAWBA MAGISTERIAL DISTRICT TO THE BOARD OF SUPERVISORS OF ROANOKE COUNTY. COUNTY ADMINISTRATOR'S COMMENTS: g2 ,C,0� varo� This consent agenda item involves acceptance of the following easement conveyed to the Board of Supervisors for storm drainage purposes in the Catawba Magisterial District of the County of Roanoke: a) Donation of 15' drainage easement from Dane C. McBride, President of the Roanoke Church of Jesus Christ of Latter -Day Saints (tax Map No. 46.07-01- 01) as shown on the map attached hereto (Exhibit "A"). The County's engineering staff has reviewed and approved this location and dimension of this easement. Staff recommends acceptance of this easement. SUBMITTED BY: Tls Arnol Covey, Director Department of Community Development 1 APPROVED BY: //�4� We4119 Elmer C. Hodge County Administrator ACTION Approved (x) Motion by: Joseph McNamara to approve Denied ( ) Received ( ) Referred ( ) To ( 1 cc: File Arnold Covey, Director, Community Development Gary Robertson, Director, Utility 2 VOTE No Yes Abs Church _ x Johnson _ x McNamara_ x Minnix _ x Nickens x Martin, Hopkins & Lemon, P.C. Prepared by Martin, Hopkins & Lemon P. 0. Box 13366 Roanoke, Virginia 24033 Exemption Clf sed' Grantee etos �x58.1-811A(3), pted from recCode lof taxes Pursuant Virginia. Tax Map No.: 46.07-01-01 as President of the Property Owners: Dane C. McBride, Roanoke, Virginia Stake of the Church of Jesus Christ of Latter -Day Saints, and his duly appointed successors in office THIS QUITCLAIM DEED, made this �1 n day of 2000, by and between DANE C. MCBRIDE, as President of the Roanoke, Virginia Stake of the Church of Jesus Christ of Latter -Day Saints and his duly appointed successors in office ("Grantor") and the BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA ("Grantee"). : W I T N E S S E T H: FOR AND IN CONSIDERATION of the sum of One Dollar ($1.00) , paid in hand at and with the execution and delivery of this Quitclaim Deed, and other good and valuable consideration, the receipt, adequacy and sufficiency of which is hereby acknowledged, the Grantor does hereby quitclaim, release and convey unto the Grantee, its successors and assigns, the following described property right, to -wit: A perpetual RIGHT and EASEMENT, approximately fifteen (15 ) 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 land belonging to the Grantor, acquired in two deeds as follows: 1) dated March 5, 1970 and recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Deed Book 891, page 347, and; 2) dated March 5, 1970, and recorded in the ,-I-- -�/ aforesaid Clerk's Office in Deed Book 891, page 349, and designated on the Roanoke County Land Records as Tax Map No. 46.07-01-01 (the "Property"). The location of said easement is more particularly described on the plat attached heretoas sh'"Exhibiereof (the and by this reference made a pa "Plat"). Nothing herein shall be deemed to be a quitclaim of the fee simple interest in the property subject to the easement but only of the easement interest itself. 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 Martin, Hopkins & 2 Lemon, P.C. 11 Martin, Hopkins & Lemon, P.0 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 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 grant and provision of this Quitclaim Deed 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 WITNESS the following signatures and seals: GRANTOR: 1,4-- C'Ij ( SEAL ) C. MCBRIDE, as President of the Roanoke, Virginia Stake of the Church of Jesus Christ of Latter -Day Saints 3 STATE COUNTY to -wit: The foregoing ins ument �was acknowledged before me this A 01day of t'D 0 by DANE C MCBRIDE, as Presid, t of Roanoke, Saints Virginia Stake of the Church of Jesus Christ of Latter -Day .L� Notary u My commission expires: li -a 9,00. Approved as to form: BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA By: (SEAL) Martin, Hopkins & Lemon, P.C. Elmer C. Hodge STATE OF VIRGINIA, COUNTY/CITY OF ROANOKE, to -wit: The foregoing instrument was acknowledged before me this day of ' Elmer C. Hodge, County Administrator, on behalf of by the Board of Supervisors of Roanoke County, Virginia. Notary Public My commission expires: Martin, Hopkins & 4 Lemon, P.C. MUTES AND BOUNDS DESCRIPTIONS SHOWN ON THIS PLAT REPRESENT A 'OMPOSITE OF DEEDS, PLATS, AND CALCULATED INFORMATION AND DO NOT REFLECT .N ACCURATE BOUNDARY SURVEY. x E- 0 z TAX MAP N0. 46.07-1-1 m NEW 15' DRAINAGE EASEMENT 1-2 OO Property of; PRISCILLA R. 2-3 S2601821"E LEWIS M. & HOLLAND 3-4 Q Tax # 36 -19 -02 - Property of; 4-1 1 N26°1821 "W c�T JOHN R. JR. & JULIETTE H. AREA = 3668 SQ. FT. BELL Tax # 36.19-02-32. Property of; NORTH ROANOKE DEVELOPMENT CORP. TAX # 36.19-01-38 Property of, SHEILA J. PROFFIT Tax # 36.19-02-33 L6 Property of, GEORGE N. & KAREN L. NEW 15' 3 ARTHUR DRAINAGE EASEMENT ® TAX # 36.19-02-34 L��T S BOUNDED BY CORNERS 1 THRU 4 TO 1 Property of, AREA = 3668 SQ. FT. DEBORAH A. STUART -11. TAX # 36.19-02-35 6; LOT 6 Property of; Q THOMAS D. & BEVERLY JEA Property of, POTTER Tax # 36.19-02-36 CHURCH OF JESUS CHRIST OF LATTER DAY SAINTS `OT 7 Ey Tax Map No, 46.07-01-01 U W a w x E- 0 z TAX MAP N0. 46.07-1-1 m NEW 15' DRAINAGE EASEMENT 1-2 N42028'05"E 16.07' 2-3 S2601821"E 254.08' 3-4 S73050'56"W 15.26' 4-1 1 N26°1821 "W 240.28' AREA = 3668 SQ. FT. SCALE: __1"=100'___ PLAT SHOWING NEW 15' DRAINAGE EASEMENT BEING CONVEYED TO ROANOKE COUNTY BY CHURCH OF JESUS CHRIST OF LATTER DAY SAINTS PREPARED BY. ROANOKE COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT DATE: ��_ 16=00 A -092600-5.d 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: September 26, 2000 AGENDA ITEM: DONATION OF A 10 FT. STRIP OF LAND, FOR PUBLIC RIGHT-OF- WAY, FROM IRA GARLAND BOWER, WANDA RUTH HUFF, AND CHARLOTTE ANNE BIBB (TAX MAP NO. 50.01-1-16.9) TO THE BOARD OF SUPERVISORS OF ROANOKE COUNTY IN THE HOLLINS MAGISTERIAL DISTRICT. i This consent agenda item involves conveyance of a 10 ft. strip of land to the Board of Supervisors for public right-of-way in the Hollins Magisterial District of the County of Roanoke: a) Conveyance of a 10 ft. strip of land for public right-of-way from Ira Garland Bower, Wanda Ruth Huff and Charlotte Anne Bibb (tax Map No. 50.01-1- 16.9) as shown on the map attached hereto (Exhibit "A"). The County's engineering staff has reviewed and approved this location and dimension of this right-of-way. Staff recommends acceptance of this right-of-way. SUBMITTED BY: APPROVED BY: Arnold 16ovey, Director Elmer C. Hodge Department of Community Development County Administrator ------------------------------------------------------------------------------------------------------------------ ACTION VOTE Approved (x) Denied ( ) Received ( ) Referred ( ) To ( ) Motion by: Joseph McNamara to approve cc: File Arnold Covey, Director, Community Development Gary Robertson, Director, Utility 2 No Yes Abs Church _ x _ Johnson _ x McNamara_ x _ Minnix _ x _ Nickens _ x Martin, Hopkins & Lemon, P.C. 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. O. Box 13366 Roanoke, Virginia 24033 Tax Map No.: Unknown Property Owners: Ira Garland Bower, Wanda Ruth Huff and Charlotte Anne Bibb, devisees of Ruth Fralin Bower THIS QUITCLAIM DEED, made this 18th day of September 2000, by and between IRA GARLAND BOWER, WANDA RUTH HUFF and CHARLOTTE ANNE BIBB ("Grantor," or collectively if more than one, "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 benefits accruing or to accrue to the said Grantor by reason of the location and construction, or other improvement of Autumn Drive, along, through, or over the lands of the Grantor, and for the further consideration of One Dollar ($1.00) cash in hand paid, and other good and valuable consideration paid by Grantee to Grantor, the receipt, adequacy and sufficiency of which is hereby acknowledged, Grantor does hereby quitclaim, release, and convey unto the said Grantee all right, title and interest they may possess in and to the following described real estate lying in the County of Roanoke, Virginia, for the 1 location and construction or other improvement of a road right - of -way: ight-of-way: That ten foot wide, more or less, strip of land shown on the plat attached hereto as Exhibit "A", and by this reference made a part hereof, (the "Property"); and BEING a portion of the property devised to Ira Garland Bower, Wanda Ruth Huff and Charlotte Anne Bibb by Last Will and Test -cement of Ruth Fralin Bower, who died on September 18, 1995, and whose will was probated on September 28, 1995 in the aforesaid Clerk's office in Will Book 51, page 221. Also granted herein is the temporary right and easement to use such additional areas as located and staked on the ground for cut and/or fill slopes as being required for the proper execution of the work. Said temporary easement will terminate at such time as the construction or improvement of the aforesaid route is completed. And further granted herein is the right and easement to construct, improve and maintain any drain ditches or other drainage facilities that may be needed for the proper and adequate drainage of said route. Grantor, for the consideration stated above, also covenant and agree, upon demand of any public utility company or corporation having its facilities in, over or across the lands herein conveyed, that the Grantor will give, grant and convey unto such public utility company or corporation an easement in, over and across the lands of the Grantor lying adjacent to the lands herein conveyed for the relocation, construction, operation and maintenance of said facilities. Martin, Hopkins & Lemon, P.C. 2 Martin, Hopkins & Lemon, P.C. The Grantor by execution of this instrument acknowledges that the plans for the aforesaid road right-of-way as it affects their property have been fully explained to them or their authorized representative. The Grantor covenants and agrees for themselves, and for their heirs, successors, successors in title, executors, legal representatives and assigns that the consideration aforementioned shall be in lieu of any and all claims to compensation and damages by reason of the location, construction, reconstruction, operation or maintenance of said road right-of-way, including such drainage facilities as may be necessary. This conveyance is made expressly subject to all recorded conditions, reservations, easements and restrictions affecting title to the property herein conveyed. The road right-of-way 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. 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. 3 adopted by the Board of Supervisors of Roanoke County, Virginia, on the day of (SEAL) IRA GARLAN OWER Q,,cQcj t,; (SEAL) WANDAA� RUTH HUFFFF (SEAL) CHARLOTTH-ANNE BIBB Martin, II Hopkins & Lemon, P.C. 4 STATE OF COUNTY/CITY to -wit: The foregoing instrument was acknowledged before me this / day of-� air - 'L' 2000 by Ira Garland Bower. My commission expires: STATE OF V uL COUNTY/CITY OF Notary Public to -wit: The foregoing instrument was acknowledged before me this `Ti day of ;2 06 t) by Wanda Ruth Huff. Notary Publ c My commission expires: t;^1 to a STATE OF `V I COUNTY/CITY OFA - G to -wit: The foregoing ns rument was acknowledged before me this q day of A-' by Charlotte Anne Bibb. Notary Public My commission expires: Martin, II Hopkins & Lemon, P.C. 5 Approved as to form: BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA By: (SEAL) Martin, Hopkins & Lemon, P.C. Elmer C. Hodge STATE OF VIRGINIA, COUNTY/CITY OF ROANOKE, to -wit: The foregoing instrument wasacknowledgedbefore me this day of f , 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. 6 ro NSM ��fYy�1Q Vt�yb�8� o SJ N.33IZOO a^ 19a oo' NjT3 7001E 18Qoo' no �� ti n o y S2 ti ►. a A 4 ro NSM ��fYy�1Q Vt�yb�8� o SJ N.33IZOO a^ 19a oo' NjT3 7001E 18Qoo' no �� O Z a O y�SD '►a 0 v�N ti N33'1700'E 1Bo.00' f lk N� N33'lioo'E a, teo.00' t y X14 ti a a l -1 N fr'" 1d A -092600-5.e 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: September 26, 2000 AGENDA ITEM: Request for renewal of agreement to provide office space to the Roanoke Valley Greenway Commission. COUNTY ADMINISTRATOR'S COMMENTS: A44m� BACKGROUND: When the position of Roanoke Valley Greenway Coordinator was initially established in 1996, it was housed at the office of the Fifth Planning District Commission (now the Roanoke Valley Alleghany Regional Commission). In June of 1997 Roanoke County offered to house the Greenway Coordinator at RCAC. The Greenway Commission accepted this offer, and the greenway office moved to the County in October 1997 under a 3 -year agreement. According to the agreement, which expires October 1, 2000, the County serves as fiscal agent and provides an office space, computer, desk, and telephone instrument. The Greenway Commission pays all direct bills for additional furniture, copying, telephone service, supplies, and mail. The Greenway Commission would like to renew this agreement and continue housing the Greenway Coordinator at RCAC. FISCAL IMPACT All direct bills, salaries, and fringe benefits are paid under the Greenway Commission budget. The County absorbs the marginal cost of the office space, utilities, janitorial service, and fiscal reports. STAFF RECOMMENDATION: Staff recommends that the office space agreement be renewed for three years. Respectfully Submitted, Roanoke Valley Greenway Coordinator Approved, (�c A�� Elmer C. Hodge County Administrator ------------------------------------------------- ACTION VOTE Approved (x) Denied ( ) Received ( ) Referred ( ) To ( ) Motion by: Joseph McNamara to approve cc: File Liz Belcher, Roanoke Valley Greenway Coordinator Diane D. Hyatt, Chief Financial Officer Paul M. Mahoney, County Attorney No Yes Abs Church _ x — Johnson — x — McNamara_. x — Minnix _ x — Nickens — x THIS AGREEMENT, made and entered into this 1' day of October, +99-7" by and between the BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, (hereinafter referred to as "County") and the ROANOKE VALLEY GREENWAY CONMSSION (hereinafter referred to as "Commission") WITNESSETH That for and in consideration of the premises and the mutual covenants contained herein, the parties hereby agree as follows: 1. County agrees to serve as fiscal agent for the Commission, to receive and expend funds, and to keep appropriate records. The County shall not be responsible for ................... the preparation of any audits,, grant applications ort "- on behalf of the Commission. 2. County agrees to provide payroll and other employee services and benefits for the Commission coordinator staff consistent with County policies applicable to County employees, except the provisions of the grievance procedure shall not be available to the members and employees of the Commission. 3. County agrees to provide procurement services for the Commission consistent with County code and policies. 4. County agrees to provide a minimal level of clerical staff support, as available, for the Commission, recognizing that volunteers will be used when possible. 5. County agrees to allow the Commission to use property owned by Countyy lc"<` "xoI'' 200 square feet of office space located :...:.......:.g....pp:...:.................y. at the Roanoke County Administration Center, 5204 Bernard Drive forofficein accordance with the terms and conditions set forth in this agreement. Commission is authorized to use the off-street parking spaces adjacent to the structure. 6. County agrees to provide basic office furniture, a computer, and a telephone instrument. 7. The term of this agreement shall be three years, said term to commence October 1, 20t0i-94 - and to continue until September 30 0-42-e66. This agreement may be canceled or terminated by either party upon two (2) month's notice in writing or any date that may be mutually agreed upon. 8. County will maintain the property described in paragraph 5, above, and provide janitorial services similar to the quality and level of services provided to other, similar County facilities. 9. Commission has examined and knows the condition of the premises and has received same in good order and repair, and that no representation as to the condition or repair thereof has been made by the County prior to or at the execution of this agreement that are not expressed herein. The premises shall be returned to County at the expiration of this agreement in such good condition and state of repair, ordi i t< cr wear and tear allowed for. Commission shall be responsible for the safety and security of the leased premises. In an emergency it shall be the responsibility of the Commission to notify either the Roanoke County Police Department or the Roanoke County Department of General Services, as appropriate. 10. During the term of this agreement, County will provide and pay for all utilities (water, sewer, electric, and solid waste services) which may be necessary to the Commission for the reasonable and proper use and enjoyment of the premises by the Commission. In addition, the County shall allow the Commission to use conference rooms and meeting facilities and storage space for equipment and files on the premises on a space available basis. Commission may use County office equipment, such as copiers, fax machines, telephones and other office support equipment, if temporarily available and not required for any governmental purposes. The availability of conference rooms, meeting facilities or office equipment is solely within the discretion of the County. Commission shall be responsible for its postage, office supplies, copier charges, Internet access charges, and the total cost of its telephone billings and charges. 11. This agreement represents the entire understanding between the parties and may not be modified or changed except by written instrument executed by the parties. 12. This agreement shall not be assigned by the Commission without the express, written approval of the County. WITNESS the following signatures and seals: ROANOKE VALLEY GREENWAY COMNIISSION BY ...B. Edd Chairman BOARD OF SUPERVISORS OF ROANOKE COUNTY Uz Elmer C. Hodge County Administrator j, Approved as to form: Paul Mahoney Roanoke County Attorney State of Virginia County of Roanoke, to—wit: The foregoing instrument was acknowledged before me this day of 2 �D i99� by ; N.*. ce dy, Chairman, on behalf of the 1.Roanoke Valley Greenway Commission. Notary Public My commission expires: State of Virginia, County of Roanoke, to -wit: The foregoing instrument was acknowledged before me this day of by Elmer C. Hodge, County Administrator on behalf of the Board of Supervisors of Roanoke County. Notary Public My commission expires: Approved by Ordinance X99=9 on October -14, 2000+999 4 A -092600-5.f ACTION # ITEM NUMBER 7 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 26, 2000 SUBJECT: Acceptance of Water and Sewer Facilities Serving Northbrooke, Section 1 COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The Developers of Northbrooke, Section 1, Charles R. Simpson, Inc., have requested that Roanoke County accept the Deed conveying the water and sanitary sewer facilities serving the subdivision along with all necessary easements. The water and sanitary sewer facilities are installed, as shown on plans prepared by Lumsden Associates entitled Northbrooke, Section 1, which are on file in the Community Development Department. The water and sanitary sewer facility construction meets the specifications and the plans approved by the County. FISCAL IMPACT: The value of the water and sanitary sewer construction is $39,280.00 and $47,090.00 respectively. RECOMMENDATION: Staff recommends that the Board of Supervisors accept the water and sanitary sewer facilities serving the Northbrooke, Section 1 subdivision along with all necessary easements, and authorize the County Administrator to execute a Deed for the transfer of these facilities. APPROVED: f A'4 A-40117Gary Roberson, P.E. Elmer C. Hodge Utility Director County Administrator Approved (x) Denied ( ) Received ( ) Referred ( ) To ( ) ACTION VOTE No Yes Abs Motion by: Joseph McNamara to approve Church _ x Johnson _ x McNamara_ x _ Minnix _ x _ Nickens x cc: File Gary Robertson, Director, Utility Arnold Covey, Director, Community Development COPY T_ � THIS CHATTEL DEED, made this 9th day of August , 2000, by and between: Charles R. Simpson, Inc. , a Virginia corporation, hereinafter referred to as the "Developer," party of the first part; and the BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, its successors or assigns, hereinafter referred to as the "Board," party of the second part. :WITNESSETH: THAT FOR AND IN CONSIDERATION of the mutual benefits accruing to the parties, the receipt and sufficiency of which is hereby acknowledged, the Developer does hereby GRANT, CONVEY, ASSIGN AND TRANSFER, with the covenants of GENERAL WARRANTY OF TITLE, in fee simple unto the Board all water and/or sewer lines, valves, fittings, laterals, connections, storage facilities, sources of water supply, pumps, manholes and any and all other equipment and appurtenances thereunto belonging, in and to the water and/or sewer systems in the streets, avenues, public utility, easement areas, water and sewer easement areas that have been or may hereafter be installed by the Developer, along with the right to perpetually use and occupy the easements in which the same may be located, all of which is more particularly shown, described and designated as follows, to wit: As shown on the plan entitled Northbrooke Section 1 , made by Lumsden Associates and on file in the Roanoke County Department of Community Development. The Developer does hereby covenant and warrant that it will be responsible for the proper installation and construction of the said water and/or sewer systems including repair of surface areas affected by settlement of utility trenches for a period of one (1) year after date of acceptance by the Board and will perform any necessary repairs at its cost. 1 Elmer C. Hodge, County Administrator of Roanoke County, Virginia, hereby joins in the execution of this instrument to signify the acceptance of this conveyance pursuant to Resolution No. adopted by the Board of Supervisors of Roanoke County, Virginia, on the day of 20 2 Developer: Address: By: As: M WITNESS THE FOLLOWING signatures and seals: Charles R. Simpson, Inc. State of: Virginia CountyLCrty of: Roanoke , to wit: The foregZoiinrrg��--instrument was acknowledged before me this: /-7 - n day of / 1 S , 20 �, By: Charles R. Simpson Its President Duly authorized officer (typed name) Title on behalf of: Charles R. Simpson Inc. 6 Notary Public My Commission expires: 01 1 13 1 10-2- 3 �-:: I Approved as to form: County Attorney State of: County/City of: Board of Supervisors of Roanoke County, Virginia Elmer C. Hodge County Administrator Virginia Roanoke to wit: The foregoing instrument was acknowledged before me this: , day of. , 20 , by Elmer C. Hodge, County Administrator, on behalf of the Board of Supervisors of Roanoke County, Virginia. Notary Public My Commission expires: El Ap477.=?<•_'^-+.:-+-�.`_. r ! . •� , �w,�\+' .'^M �F _ x..- =. fib_ � _ _ ----------- 77' NG7 FAGG iryt 717! w i i.14� 5 R6rx4'NIM% °Og710A' .)f Ovr 4r,r RYFPA x t 1Ar'?i r7•a. 0, 0. AEG7Al: L'f)tT 1:••irN�Err9 I CHARGES A.S/Nr 4+1•; fivn.gJ r, 'r Paz:. 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Nn; �.• / . usEa a r roc ya; O bYA4C GCE !9' G IT Of't 6, G'e,,,N JON r. •.N.N , fEMn TME CrE ,pAaA- fo 4v ' L 17a)t' ( V �• SHEET 1 ROANOKE COUNTY ACCEPTANCE OF WATER AND SANITARY SEWER UTILITY DEPARTMENT FACILITIES SERVING NORTHBROOKE, SECTION 1 ROANOKE COUNTY ACCEPTANCE OF WATER AND SANITARY SEWER UTILITY DEPARTMENT FACILITIES SERVING NORTHBROOKE, SECTION 1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 26, 2000 RESOLUTION 092600-5.g AUTHORIZING THE BORROWING OF $736,680 FROM THE FUTURE SCHOOL OPERATING RESERVE BY THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA WHEREAS, the Board of Supervisors (the "Board") of Roanoke County, Virginia, (the "County") has determined that it is necessary and expedient to borrow not to exceed $736,680 from the Future School Operating Reserve of the County to finance certain solid waste vehicles. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA: The Board hereby determines that it is advisable to loan monies available in the Future School Operating Reserve to purchase solid waste vehicles (the "Loan"). The Loan shall be made on the terms set forth in this resolution. The Future School Operating Reserve shall lend an aggregate principal amount not to exceed $736,680. There will not be an interest charge for this loan. 2. The General Services Department will repay the Future School Operating Reserve with two annual payments this first in July 2001, and the second in July 2002. 3. The General Services Department may prepay the Loan at any time without penalty. 4. If the funds from the School Operating Reserve are needed before the loan is repaid, a request can be made to the Board of Supervisors to accommodate if possible. 5. This resolution shall take effect immediately upon its adoption. On motion of Supervisor McNamara to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Minnix, Church, Nickens, McNamara NAYS: None A COPY TESTE: &'t" -L 0, 4L'6� Brenda J. Hol on, CMC Deputy Clerk to the Board of Supervisors cc: File Diane D. Hyatt, Chief Financial Officer Penny Hodge, Schools Director of Budget Dr. Linda Weber, School Superintendent Brenda Chastain, Clerk, School Board Anne Marie Green, Director, General Services t A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 26, 2000 RESOLUTION 092600-6 AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN MONTGOMERY COUNTY AND ROANOKE COUNTY RELOCATING THE BOUNDARY LINE BETWEEN SAID GOVERNMENTAL ENTITIES, AND AUTHORIZING THAT CERTAIN OTHERACTIONS RELATING TO SUCH BOUNDARY LINE BE TAKEN AS PROVIDED BY LAW WHEREAS, pursuant to the provisions of Article 2, Chapter 31, Title 15.2, 1950 Code of Virginia, as amended, the governing bodies of Montgomery County and Roanoke County wish to petition the Court for approval to relocate portions of the boundary line between these two jurisdictions; and WHEREAS, the relocation of the boundary line of such governmental entities in the area proposed will permit more effective and efficient delivery of municipal services and promote the public health, safety, and welfare; and WHEREAS, the governing body of Montgomery County has adopted a measure reflecting its desire to relocate and change a portion of the boundary line between the two counties as requested by certain property owners within said areas; and WHEREAS, Montgomery County and Roanoke County have agreed to the boundary relocation by action of their respective governing bodies. THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, that: 1. The Chairman of the Board of Supervisors is hereby authorized to execute an agreement between Montgomery County and Roanoke County, on a form approved by the County Attorney, establishing a new boundary line at certain points between said jurisdictions, as more particularly shown on plats prepared by T.P. Parker & Son, dated November 18, 1998 and January 22, 1999, which are incorporated by reference herein (Exhibit 1 and 2). 2. The boundary line set forth in said agreement will be described by metes and 1 bounds as set out in the Notice of Public Hearing (Exhibit 2). 3. Notice of the proposed boundary line adjustment has been duly published as required by §15.2-3107 of the State Code. 4. Upon approval of the execution of the agreement between the governing bodies, the County Attorney is authorized to petition the Circuit Court of one of the affected jurisdictions to relocate the boundary line in accordance with the plats and the agreement. 5. Upon entry of an order by the Circuit Court establishing the new boundary line, a certified copy of such order will be forwarded to the Secretary of the Commonwealth. 6. The County Administrator and County Attorney are authorized to take, or cause to be taken, such other actions, and to execute other documents as may be required by law to effect the change in the boundary line as set forth herein. 7. The Clerk to the Board of Supervisors is directed to forward an attested copy of this resolution to the Clerk of the Board of Supervisors of Montgomery County. On motion of Supervisor Church to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Minnix, Church, Nickens, McNamara NAYS: None A COPY TESTE: Brenda J. Ho on, CMC Deputy Clerk to the Board of Supervisors cc: File Paul M. Mahoney, County Attorney Jeffrey D. Johnson, Administrator, Clerk, Montgomery County Board of Supervisors Ed Natt, Attorney for Petitioners 2 Ajunoo A.iauioVIUON / aljoueoZI juauidojanaQ AllUnuiuioD ijsue�f .z,y Aliado.xd � 4uauilsnfPV aurI A epunog ;o luauz Q �uno� axOUVOoueog 0 0 0 II m P-4 cc U AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 26, 2000 ORDINANCE 092600-7 GRANTING A SPECIAL USE PERMIT TO DAVID J. BELL TO ALLOW THE EXPANSION OF A FAST FOOD RESTAURANT WITH DRIVE-THRU TO BE LOCATED AT 4840 HOLLINS ROAD (TAX MAP NO. 38.16-1-3.3), HOLLINS MAGISTERIAL DISTRICT WHEREAS, David J. Bell has filed a petition for a special use permit to allow the expansion of a fast food restaurant with drive-thru to be located at 4840 Hollins Road (Tax Map No. 38.16-1-3.3) in the Hollins Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this matter on September 5, 2000; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first reading on this matter on August 22, 2000; the second reading and public hearing on this matter was held on September 26, 2000. NOW, THEREFORE BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the Board finds that the granting of a special use permit to David J. Bell to allow the expansion of a fast food restaurant with drive-thru to be located at 4840 Hollins Road (Tax Map No. 38.16-1-3.3) in the Hollins Magisterial District is substantially in accord with the adopted 2000 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: (1) The site is to be designed in substantial conformance with the submitted site plan. (2) The drive-thru lane shall be clearly marked, and the edge of the lane closest to the travel lane shall be marked with 3-dimensional and/or reflective marker. 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 Johnson, Minnix, Church, Nickens, McNamara NAYS: None A COPY TESTE: &-& I& Q '14� Brenda J. Ho on, 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 Valuation Paul M. Mahoney, County Attorney 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 26, 2000 ORDINANCE 092600-8 GRANTING A SPECIAL USE PERMIT TO PAXSON COMMUNICATIONS TO REPLACE AN EXISTING TOWER WITH A NEW 199 FOOT BROADCASTING TOWER TO BE LOCATED AT 8241 HONEYSUCKLE ROAD (TAX MAP NO. 93.00-1-47.1), WINDSOR HILLS MAGISTERIAL DISTRICT WHEREAS, Paxson Communications has filed a petition for a special use permit to replace an existing tower with a new 199 foot broadcasting tower to be located at 8241 Honeysuckle Road (Tax Map No. 93.00-1-47.1) in the Windsor Hills Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this matter on September 5, 2000; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first reading on this matter on August 22, 2000; the second reading and public hearing on this matter was held on September 26, 2000. 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 Paxson Communications to replace an existing tower with a new 199 foot broadcasting tower to be located at 8241 Honeysuckle Road (Tax Map No. 93.00-1-47.1) in the Windsor Hills Magisterial District is substantially in accord with the adopted 2000 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: (1) The height of the proposed lattice tower shall not exceed 199 feet above grade. (2) The lattice tower structure and all attached hardware shall be a flat matted color so as to reduce visibility and light reflection. (3) No lighting shall be installed on the tower structure unless required by the FAA. Security lighting may be provided on site, at a height not to exceed 25 feet. (4) If the use of the tower structure for wireless communications and broadcasting is discontinued, the tower structure shall be dismantled and removed from the site within 30 days of notice by the County, and the Special Use Permit shall become void. (5) The location of the tower structure and related equipment shall be as shown on the site plan included with the application entitled "Proposed Site Diagram" dated 6-21-2000, as prepared by Schwetye Architects. (6) Removal of the existing tower will be required prior to the issuance of the Certificate of Zoning Compliance. 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 McNamara to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Johnson, Minnix, Church, Nickens, McNamara 4 NAYS: None A COPY TESTE: Q• A4Lk6n2- Brenda J. Holton, CMC Deputy Clerk to the Board of Supervisors cc: File Arnold Covey, Director, Community Development Terry Harrington, County Planner John W. Birckhead, Director, Real Estate Valuation Paul M. Mahoney, County Attorney 3 ROANOKE COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT Paxson Communications Zoning: Spectral Use Tax Map No. 93.00-1-47.1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 26, 2000 ORDINANCE 092600-9 GRANTING A SPECIAL USE PERMIT TO GRACE ASSEMBLY OF GOD TO CONSTRUCT A CHURCH TO BE LOCATED AT 5530 CATAWBA VALLEY DRIVE (TAX MAP NO. 7.00-2-55), CATAWBA MAGISTERIAL DISTRICT WHEREAS, Grace Assembly of God has filed a petition for a special use permit to construct a church to be located at 5530 Catawba Valley Drive (Tax Map No. 7.00-2- 55) in the Catawba Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this matter on September 5, 2000; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first reading on this matter on August 22, 2000; the second reading and public hearing on this matter was held on September 26, 2000. 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 Grace Assembly of God to construct a church to be located at 5530 Catawba Valley Drive (Tax Map No. 7.00-2-55) in the Catawba Magisterial District is substantially in accord with the adopted 2000 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. 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 Church to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Johnson, Minnix, Church, Nickens, McNamara NAYS: None A COPY TESTE: Brenda J. Hol n, CMC Deputy Clerk to the Board of Supervisors cc: File Arnold Covey, Director, Community Development Terry Harrington, County Planner John W. Birckhead, Director, Real Estate Valuation Paul M. Mahoney, County Attorney 2 ROANOKE COUNTY Grace Assembly of God DEPARTMENT OF Zoning: Special Use COMMUNITY DEVELOPMENT Tax Map No. 7.00-2-55 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 26, 2000 DENIAL OF ORDINANCE 092600-10 AMENDING AND REENACTING THE ZONING ORDINANCE OF THE COUNTY OF ROANOKE VIRGINIA BY THE MODIFICATION OF STANDARDS FOR THE STORAGE OF RECREATIONAL VEHICLES IN RESIDENTIAL DISTRICTS. WHEREAS, in 1992 the Roanoke County Board of Supervisors adopted a new zoning ordinance for Roanoke County , including provisions pertaining to the parking of vehicles in residential districts; and, WHEREAS, the Roanoke County Board of Supervisors has requested the Roanoke County Planning Commission to prepare an amendment to the zoning ordinance addressing the allowable storage of recreational vehicles in residential districts; and, WHEREAS, public necessity, convenience, general welfare, and good zoning practice support an amendment to the Zoning Ordinance of the County of Roanoke to provide for the storage of recreational vehicles in the street -side side yard of corner lots in residential districts; and, WHEREAS, the Planning Commission held a public hearing on this amendment on September 5, 2000; and, WHEREAS, the Planning Commission has recommended denial of this amendment to the Zoning Ordinance of the County of Roanoke. WHEREAS, public notice and advertisement of this amendment has been provided as required by Section 15.2-2204 of the Code of Virginia, and the Roanoke County Code. NOW THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: On motion of Supervisor McNamara to adopt the ordinance, and motion failed by the following recorded vote: AYES: Supervisor McNamara NAYS: Supervisors Johnson, Minnix, Church, Nickens A COPY TESTE: &XAA, Q, At�� Brenda J. Ho on, 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 Valuation Paul M. Mahoney, County Attorney AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 26, 2000 RESOLUTION 092600-11 CERTIFYING THE CLOSED MEETING WAS HELD IN CONFORMITY WITH THE CODE OF VIRGINIA WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened a closed meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of The Virginia Freedom of Information Act; and WHEREAS, Section 2.1-344.1 of the Code of Virginia requires a certification by the Board of Supervisors of Roanoke County, Virginia, that such closed meeting was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, hereby certifies that, to the best of each members knowledge: 1. Only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the closed meeting which this certification resolution applies, and 2. Only such public business matters as were identified in the motion convening the closed meeting were heard, discussed or considered by the Board of Supervisors of Roanoke County, Virginia. On motion of Supervisor 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: Brenda J. HoItcKh, CMC Deputy Clerk to the Board of Supervisors cc: File Closed Session File