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HomeMy WebLinkAbout11/13/2001 - Adopted Board RecordsA-111301-1 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: November 13, 2001 AGENDA ITEM: Approval of a Right -Of -Entry Agreement with Willie J. Keeling, Roanoke County and the Department of Environmental Quality; and an Inter - Agency Agreement between the Department of Environmental Quality and the County of Roanoke COUNTY ADMINISTRATOR'S COMMENTS: Recommend approval of this agreement between the State DEQ and County. Mr. Mahoney and Rick Weeks, the local DEQ director have worked very hard to resolve a long standing safety hazard for Roanoke County. They are both to be commended. I support the request for local funds and the addition of one temporary full-time employee. Now is the time to move forward on this project before the state funds are allocated to another locality in Virginia. EXECUTIVE SUMMARY: The Right -Of -Entry Agreement with Willie J. Keeling and the Department of' Environmental Quality ("DEQ") grants the County and DEQ the right to enter upon Mr. Keeling's property for the purpose of (i) conducting a preliminary site assessment; (ii) making evaluations and/or conducting environmental samplings and assessments; (iii) removing and properly disposing of waste tires; and (iv) engaging in such other conduct necessary and/or incidental to this project. The Inter -Agency Agreement with DEQ provides that the County will arrange access to the Keeling property, develop a remediation plan, implement site improvements and implement clean up activities and any approved closure -in-place activities. DEQ shall reimburse the County for these various activities in an amount not to exceed $1,410,000. This action approves this Right -Of -Entry Agreement and this Inter -Agency Agreement, and authorizes the County Administrator to execute these agreements on behalf of Roanoke County. SUMMARY OF INFORMATION: These agreements provide for the removal and proper disposal of the waste tires from the Keeling illegal fire dump located on approximately 139 acres off Starlight Drive (Rt. 615) in southwestern Roanoke County. DEQ estimated that approximately 2.8 million passenger tires are stored on about 20 acres of this property. 11-13 Keel ing-DEQAgreement.doc I Both the County and DEQ have taken a variety of enforcement actions against Mr. Keeling over the past 14 years to correct these environmental problems; however, these have been unsuccessful in cleaning up the tires from the property. If the Board approves these agreements, the County will arrange for the various actions described above. County staff will follow the provisions of the Virginia Public Procurement Act in hiring various contractors to perform the work identified under these agreements. DEQ will reimburse the County for these contract expenditures. It is anticipated that this work can be completed within three years. Staff recommends that the Board authorize the hiring of a person to monitor the day-to- day operations at the Keeling property. This position would be similar to the positions approved for the Dixie Caverns clean up. Staff also recommends that the Board authorize and approve an appropriation of _____________ to pay for Mr. Keeling's legal counsel in negotiating these agreements. Competent legal counsel will assure all parties that these agreements satisfy all substantive and procedural due process requirements. Either the County or DEQ may terminate their agreement at any time and during any action or phase of work. Upon termination the County will have no further liability or responsibility for any additional work or clean up activities at the property. Both the County and DEQ acknowledge that this agreement is subject to future appropriations by the Board of Supervisors and die General Assembly. FISCAL IMPACTS: Over the next three years the County will receive reimbursements in an amount not to exceed $1.4 Million for work approved and authorized by DEQ. DEQ will reimburse the County monthly, therefore the County will have to advance funds to pay vendors and contractors. STAFF RECOMMENDATION: 1) It is recommended that the Board of Supervisors authorize the County Administrator to execute the Right -Of -Entry Agreement on behalf of the County, by and between Willie J. Keeling, the Roanoke County Board of Supervisors and the Department of Environmental Quality, upon form approved by the County Attorney. 2) It is recommended that the Board of Supervisors authorize the County Administrator to execute the Inter -Agency Agreement on behalf of die County, by and between the Roanoke County Board of Supervisors and the Department of Environmental Quality, upon form approved by the County Attorney. 3) It is recommended that the Board of Supervisors designate Dan O'Donnell, Assistant County Administrator, as die Project Manager, and authorize the hiring of a temporary, full-time position to monitor the work under these agreements. 11-13 Keeling-DLQAAyeement.doc 4) It is recommended that the Board of Supervisors authorize the expenditure of an amount not to exceed $20,000 to pay Mr. Keeling's legal counsel fees. This expenditure is from funds previously appropriated by the Board for outside counsel fees. 5) It is recommended that the Board of Supervisors appropriate $1,410,000 of revenue from DEQ to an account to pay vendors and contractors under these agreements, this account to be reimbursed by monthly report and invoice by DEQ. Respectfully submitted, (Ta-j� �h - rftdp��, Paul M. Mahoney County Attorney ACTION VOTE No Yes Absent Approved (x) Motion by: H. Odell Minnix motion to Church _ x _ Denied () approve agreement Johnson _ _ x Received () McNamara x Referred () Minnix _ x _ To () Nickens x cc: File Paul M. Mahoney, County Attorney Diane D. Hyatt, Chief Financial Officer Danial Morris, Director, Finance Dan O'Donnell, Assistant County Administrator U:\WPDOCS\LIT\KEELING\KeelingDEQAgreementsapproval.rpt.doc ACTION NO. A-111301-2 ITEM NO. 4E. _3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: November 13, 2001 AGENDA ITEM: Authorization to Execute a Multi -Party Agreement in Settlement of Lawsuit Concerning the Route 419 Crossover, Appropriation of Funds, and Approval of Addendum to Performance Agreement with Springwood Associates EXECUTIVE SUMMARY: This is to request Board approval of a multi-party settlement agreement pertaining to the Route 419 Crossover at Springwood Park, Cave Spring Office Park and Wachovia Bank, and appropriation of $25,000 for the County's contribution to the settlement. Springwood Associates has requested amendment of its performance agreement with the County in conjunction with their participation in the settlement. The problem being addressed became evident only after the initial construction, and all of the affected parties are voluntarily contributing to the solution for improved traffic flow and the benefit of the public. BACKGROUND: Site plans approved by the Virginia Department of Transportation (VDOT) for Route 419 in connection with development of Springwood Park provided for traffic signalization at Ruby Tuesday's entrance on 419, requiring closure of the crossover at the entrance/exit to and from Cave Spring Office Park and Wachovia Bank. The plans were incorporated into Roanoke County's rezoning approval(s) for Springwood Park. The property owners were provided notice of the rezoning actions by the Board on two separate occasions. Upon completion of the road construction by Springwood, the owners of the Office Park and Wachovia Bank became aware of the crossover closure and objected. The Office Park owners, Lynwood S. Barton, Franklin M. Wheelock, and G. Alan McClellan, filed suit against VDOT. SUMMARY OF INFORMATION: Roanoke County staff and all of the parties involved have met on several occasions to address the various concerns and favorably resolve the situation. Among the several alternative proposals, the solution that is economically feasible and satisfactory to all parties is to reopen the crossover solely for a left -turn lane from the southwest bound lane of 419 into the entrance/exit of the Office Park and Bank, similar to the turn onto Bernard Drive. The estimated cost to construct the re- configuration is $100, 000, with Wachovia Bank, the Office Park owners, and Roanoke County each contributing $25,000 to the project for a total of $75,000. Springwood Associates would be responsible for the construction and the balance of the cost. In return for their participation, Springwood Associates has requested a commitment from VDOT to proceed with installation of the traffic signalization within a 9 -month timeframe and amendment of its performance agreement with the County to increase its incentives and/or extend the time periods for payments and generation of revenue. FISCAL IMPACTS: The County's share of $25,000 would be paid from the Public Private Partnership Account. STAFF RECOMMENDATION: Staffrecommends approval ofthe following authorizations to the County Administrator, upon approval as to form by the County Attorney: (1) to execute a multi-party settlement agreement to partially reopen and reconfigure the 419 crossover, with financial contributions from Barton, Wheelock, and McClellan, Wachovia Bank, Roanoke County, and Springwood Associates. (2) to obtain release of all potential or pending claims or suits. (3) appropriation of $25,000 for County's share of reconstruction (4) to execute an amendment to the performance agreement with Springwood Associates allowing an additional six (6) months for payment and generation of tax revenue. Approved (x) Denied ( ) Received ( ) Referred ( ) To ( ) RESPECTFULLY SUBMITTED: Elmer C. Hodge County Administrator ACTION Motion by: H. Odell Minnix motion to Church authorize agreement Johnson cc: File Paul M .Mahoney, County Attorney Diane D. Hyatt, Chief Financial Officer Danial Morris, Director, Finance Doug Chittum, Director, Economic Development N VOTE No Yes Abs X McNamara_ — Minnix _ x Nickens x x Absent x Abstain AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, NOVEMBER 13, 2001 ORDINANCE 111301-3 AUTHORIZING THE ACQUISITION OF REAL ESTATE FORTHE CARVIN CREEK HAZARD MITIGATION PROJECT, TO REDUCE THE NUMBER OF STRUCTURES IN THE CARVIN CREEK FLOOD PLAIN WHEREAS, Roanoke County has been awarded two grants from the Federal Emergency Management Agency (FEMA) to purchase flood -prone homes in the Sun Valley/Palm Valley area of Roanoke County; and WHEREAS, the purpose of the Carvin Creek Hazard Mitigation Grants (the Grants) is to reduce the number of structures located in the flood plain and subject to flooding damages; and, WHEREAS, the Board of Supervisors of Roanoke County accepted the Phase I Grant on December 15, 1998, and approved the Carvin Creek Hazard Mitigation Project (the Project), and the Board accepted the Phase II Grant on June 26, 2001; and, WHEREAS, by Ordinance #020999-3, adopted on February 9, 1999, the Board of Supervisors authorized the acquisition of thirteen identified properties in connection with the Project, eight of which were acquired in Phase I; and, WHEREAS, the owners of one of the properties, previously identified and approved, elected not to participate, and an alternative property has now been identified for acquisition in Phase II of the Project; and, and WHEREAS, the real estate to be acquired is located in the Carvin Creek flood plain; 1 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 October 23, 2001, and the second reading was held on November 13, 2001. NOW, THEREFORE, be it ordained by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the acquisition of real estate is hereby authorized, referenced by tax map number, from the following property owner, their successors or assigns: TAX MAP NO. PROPERTY ADDRESS OWNER 38.11-1-57 5332 Palm Valley Road Wood, Paul Allen (deceased) & Nancy D. 2. That the consideration for this property acquisition shall not exceed a value to be determined by an independent fair market value appraisal; and 3. That the consideration for this real estate acquisition shall be paid from the Carvin Creek Hazard Mitigation Project Grant funds, not to exceed and subject to the amount of funds available; and 4. That in order to accomplish the provisions of the Grants and ordinances, the Board hereby adopts by reference the "Carvin Creek Acquisition Policy," which establishes the procedures and requirements by which acquisition of all real estate shall be accomplished. The Board may amend this policy from time to time by resolution; and 5. That the funds for this acquisition have previously been accepted and appropriated, and are available in the Drainage/Flood Control capital account. 6. That the County Administrator, or any Assistant County Administrator, is hereby authorized to execute such documents and take such actions as may be necessary 2 to accomplish these acquisitions, all of which shall be on form approved by the County Attorney. On motion of Supervisor McNamara to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors McNamara, Church, Nickens, Minnix NAYS: None ABSENT: Supervisor Johnson A COPY TESTE: or t: -- Mary H. Allen, tMC Clerk to the Board of Supervisors cc: File George W. Simpson, III, Assistant Director, Community Development Arnold Covey, Director, Community Development Diane D. Hyatt, Chief Financial Officer Danial Morris, Director, Finance William E. Driver, Director, Real Estate Valuation Paul M. Mahoney, County Attorney 3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, NOVEMBER 13, 2001 RESOLUTION 111301-4 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM J -CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the certain section of the agenda of the Board of Supervisors for November 13, 2001, 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 7, inclusive, as follows: 1. Approval of Minutes - August 14, 2001 2. Confirmation of Committee Appointments to: a. The Roanoke Valley Resource Authority b. The Southwest Development Financing, Inc. 3. Acceptance of $2,000 donation from the Salem Jaycees, Inc. for Camp Roanoke. 4. Donation of an easement from Richard A. Foster, Jr. and Helen G. Foster (Tax Map No. 15.00-01-10) to the Board of Supervisors of Roanoke County in the Catawba Magisterial District. 5. Donation of an easement from William R. Hodges, Jr., and Janette Coakley Hodges (Tax Map No. 15.00-01-11) to the Board of Supervisors of Roanoke County in the Catawba Magisterial District. 6. Adoption of a policy for exchange of assets with the Virginia Recreational Facilities Authority. 7. Adoption of a fiscal agent agreement between the County of Roanoke and the Virginia Recreational Facilities Authority. 2. That the Clerk to the Board is hereby authorized and directed where required by 1 law to set forth upon any of said items the separate vote tabulation for any such item pursuant to this resolution. On motion of Supervisor Minnix to adopt the Consent Resolution, and carried by the following recorded vote: AYES: Supervisors McNamara, Church, Nickens, Minnix NAYS: None ABSENT: Supervisor Johnson A COPY TESTS: Mary H. Allen, CMC Clerk to the Board of Supervisors cc: File Debbie Pitts, Assistant Director, Recreation Danial Morris, Director, Finance Arnold Covey, Director, Community Development Diane D. Hyatt, Chief Financial Officer Paul M. Mahoney, County Attorney Gardner Smith, Director, Purchasing Bob Jernigan, Risk Manager John Willey, Fleet/Property Manager 2 II (3oL -, ACTION NO. A 41 1 ^4'a ITEM NUMBER AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: November 13, 2001 AGENDA ITEM: Confirmation of Committee Appointments to the Roanoke Valley Resource Authority and Southwest Development Financing, Inc. COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION a. ROANOKE VALLEY RESOURCE AUTHORITY Supervisor Nickens nominated Danial Morris, Finance Director, to fill the unexpired term of Diane Hyatt, Chief Financial Officer. The four year term will expire December 31, 2002. b. SOUTHWEST DEVELOPMENT FINANCING INC Supervisor Nickens nominated Wendi Schultz, Roanoke County Tourism Manager, to complete the unexpired term of Pete Haislip, Director of Parks, Recreation and Tourism. The term expires January 12, 2002. STAFF RECOMMENDATION: It is recommended that the above appointments be confirmed. Submitted by: Approved by, Mary H. Allen CMC Elmer C. Hodge Clerk to the Board County Administrator ------------------------------------------------------------------------------------------------------------------ ACTION VOTE No Yes Absent Approved (x) Motion by: H. Odell Minnix to approve Church _ x _ Denied () Johnson _ — x Received () McNamara_ x _ Referred () Minnix _ x To () Nickens _ x _ cc: File Roanoke Valley Resource Authority file Southwest Development Financing, Inc. file ACTION NO. ITEM NUMBER s.) — AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: November 13, 2001 AGENDA ITEM: Request acceptance of donation in the amount of $2,000 from the Salem Jaycees, Inc. for Camp Roanoke. COUNTY ADMINISTRATOR'S COMMENTS: BACKGROUND: The Salem Jaycees, Inc. donated $2,000 from the revenues generated from their participation in Olde Salem Days. They requested that these funds be used for a project at Camp Roanoke and have invited staff to attend one of their monthly meetings to give them an update on how it is used to benefit Camp Roanoke. SUMMARY OF INFORMATION: A portion of these funds will be used to purchase and install a donor tree for the dining hall. Many organizations use donor trees to recognize donors and to promote continued fundraising for future projects. The brass tree will be named "The Growing Tree" and will feature engraving to honor the Salem Jaycees for contributing the funds. In the future, individuals, companies, and organizations that contribute $500 or more will be recognized on the donor tree. While Camp Roanoke is now open for business, it is far from complete. Continued support from the community will be needed to build a swimming pool, to improve facilities, and to provide additional recreation opportunities. The much-needed recognition provided by the donor tree, the buy -a -brick patio, and other recognition programs will facilitate continued fundraising efforts. FISCAL IMPACT: None STAFF RECOMMENDATION: Staff recommends accepting the Salem Jaycees donation in the amount of $2,000 and appropriating it to Camp Roanoke. Respectfully submitted, Approved by, J-� Debbie Pitts Elmer C. Hodge Assistant Director of Recreation County Administrator ------------------------------------------------------------------------------------------------------------------ ACTION VOTE No Yes Absent Approved (x) Motion by: H. Odell Minnix to approve Church _ x _ Denied () Johnson — _ x Received () McNamara_ x _ Referred () Minnix _ x _ To () Nickens _ x _ cc: File Debbie Pitts, Assistant Director, Recreation Danial Morris, Director, Finance j j X301 -, A-041t6W-4. c 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: November 13, 2001 AGENDA ITEM: DONATION OF AN EASEMENT FROM RICHARD A. FOSTER, JR. AND HELEN G. FOSTER (TAX MAP NO. 15.00-01-10) TO THE BOARD OF SUPERVISORS OF ROANOKE COUNTY IN THE CATAWBA MAGISTERIAL DISTRICT. This consent agenda item involves conveyance of an easement to the Board of Supervisors in the Catawba Magisterial District of the County of Roanoke: A perpetual RIGHT and EASEMENT, 20 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 of parcel of land belonging to the Grantor, acquired by deed dated September 14, 2001 and recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Deed Book 1720, page 805, and designated on the Roanoke County Land Records as Tax Map No. 15.00-01-10 (the "Property"). The location of said easement is more particularly described on the plat attached hereto as "Exhibit A" and by this reference made a part hereof (the "Plat"). The County's engineering staff has reviewed and approved the location and dimensions of this easement. Staff recommends acceptance of this easement. SUBMITTED BY: Arnold Covey, Director Department of Community De Approved (x) Denied ( ) Received ( ) Referred ( ) To ( ) APPROVED BY: Elmer C. Hodge ment County Administrator ------------------------------------------------------------------------------------------ ACTION VOTE No Yes Absent Motion by: H. Odell Minnix to approve Church _ x _ Johnson _ x McNamara_ x _ Minnix _ x Nickens _ x cc: File Arnold Covey, Director, Communitv Development Paul Mahoney, County Attornev 2 Law Office Of Kirk A. Ludwig Exemption Claimed: Grantee is exempted from recordation taxes and fees pursuant to § 58.1-811A(3), Code of Virginia. Prepared by: Kirk A. Ludwig, Attorney at Law Tax Map No.: 15.00-01-10 Property Owners: Richard A. Foster, Jr. and Helen G. Foster THIS DEED OF EASEMENT, made this day of Oc:Lo to e -r , 2001, by and between RICHARD A. FOSTER, JR. AND HELEN G. FOSTER, husband and wife (whether one or more, "Grantor") and the BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA ("Grantee") WITNESSETH: 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, 20 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 September 14, 2001 and recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Deed Book 1720, page 805, and designated on the Roanoke County Land Records as Tax Map No. 15.00-01-10 (the "Property"). The location of said easement is more particularly described on the plat attached hereto as "Exhibit A" and by this reference made a part hereof (the "Plat"). 1 TOGETHER WITH a temporary construction easement for use as temporary work space and to allow for necessary grading and storage during any phase of construction, reconstruction, repair, or replacement of the drainage system. The location of said easement is more particularly described on the Plat. 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 Law Office Of Kirk A. Ludwig Law Office Of Kirk A. Ludwig 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 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 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 , WITNESS the following signatures and seals: GRANT (SEAL) RICHARD A. F STE , JR. / (SEAL) HELEN G. FOSTER 3 STATE OF COUNTY/- , to -wit: The foregoing instrument was acknowledged before me this day of ,J7) . -A 006 l by Richard A. Foster, Jr. Notary Publi My commission expires: 0203 STATE OF V2" ck_' COUNTY/C` OF �e , to The foregoing instrument was acknowledged before me this cl_— day of c?00 / by F`alen G. Foster. ,�� �� Notary blic My commission expires. Approved as to form: Kirk A. Ludwig Attorney at Law STATE OF VIRGINIA, COUNTY/CITY OF ROANOKE, to -wit: BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA By: (SEAL) Elmer C. Hodge County Administrator 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, Virginia. Notary Public My commission expires: Law Office II Of Kirk A. 4 Ludwig w Z OtiM��`�'-�. Q cn C' ) CN V) O)^toMNNtID �3 3 3ww w w Z MO_0't0.�-M Nin•-0'ta'-M W pF40pr-tnr-M m r -n^. t\^n NZ NZZ(nZV) Z NMd-N to t, nD0 J NMd tq canal O'OJ�� N_ V) O U a Q W N uj �W oZ �w��o c� - I P �I wUj N wjl w O h t s 4z w' I I O wco lj II _y �N r16µ U O I o �x NO Gt 8 = 0 i o w b � -x©x -- - -- - - -- 818 Q) RS I p � h o �W W w I j 00 Z Wo a w q W Wwr-,4 E� �' a z of I q rnwrn 4 1 ^V ofCN O CD O ciq E, ,5.......96' i\ ^il 1 tsbl- � a no to w w Z Z op o o w w w w N w 03 w w a:m a O O < f F F U V W w O O Q U U $. LU r s, , 0 < ¢va • n t= I . 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HODGES, JR., AND JANETTE COAKLEY HODGES (TAX MAP NO. 15.00-01-11) TO THE BOARD OF SUPERVISORS OF ROANOKE COUNTY IN THE CATAWBA MAGISTERIAL DISTRICT. • ► ' �u ► •: •► 1I 1:4Z 11611 This consent agenda item involves conveyance of an easement to the Board of Supervisors in the Catawba Magisterial District of the County of Roanoke: A perpetual RIGHT and EASEMENT, 20 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 July 26, 1988 and recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Deed Book 1289, page 662, and designated on the Roanoke County Land Records as Tax Map No. 15-.00-01-11 (the "Property"). The location of said easement is more particularly described on the plate attached hereto as "Exhibit A" and by this reference made a part hereof (the "Plat"). The County's engineering staff has reviewed and approved the location and dimensions of this easement. Staff recommends acceptance of this easement. 1 SUBMITTED BY: Arnold Covey, Director Department of Community Developm nt APPROVED BY: Elmer C. Hodge County Administrator ------------------------------------------------------------------------------------------------------------------ ACTION VOTE No Yes Absent Approved (x) Motion by: H. Odell Minnix to approve Church _ x _ Denied () Johnson _ _ x Received () McNamara_ x _ Referred () Minnix _ x _ To () Nickens x cc: File Arnold Covey, Director, Community Development Paul Mahoney, County Attorney 2 Law Office Of Kirk A. Ludwig -W Exemption Claimed: Grantee is exempted from recordation taxes and fees pursuant to § 58.1-811A(3), Code of Virginia. Prepared by: Kirk A. Ludwig, Attorney at Law Tax Map No.: 15.00-01-11 Property Owners: William R. Hodges, Jr. and Janette Coakley Hodges THIS DEED SOF EASEMENT, made this g day of G E 2001, by and between WILLIAM R. HODGES, JR. AND JANETTE COAKLEY HODGES ("Grantor") and the BOARD OF SUPERVISORS OF ROANOKE COUNTY. VIRGINIA ("Grantee") :WITNESSETH: 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, th % Grantor does hereby GRANT and CONVEY with General Warranty and Modern English Covenants of Title unto the Grantee, its successors and assigns, the fallowing described easement, to -wit: A perpetual RIGHT and EASEMENT, 20 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, unde, and across a tract or parcel of land belonging to the Grantor, acquired by deed dated July 26, 1988 and recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Deed Book 1289, page 662, and designated on the Roanoke County Land Reco7ds as Tax Map No. 15.00-01-11 (the "Property"). The location of said easement is more particularly described on the plat attached hereto as "Exhibit A" and by this reference made a part hereof (the "Plat"). 1 Law Office Of Kirk A. Ludwig TOGETHER WITH a temporary construction easement for use as temporary work space and to allow for necessary grading and storage during any phase of construction, reconstruction, repair, or replacement of the drainage system. The location of said easement is more particularly described on the Plat. 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 2 Law Office Of Kirk A. Ludwig 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 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 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 , WITNESS the following signatures and seals: M MAUNI l/�rc i - / (SEAL) WI LIA H�ODGES, J / fJ (SEAL) JANE E COAKLEY WODGtS 3 STATE OF t COUNTY/CITY OF _, to -wit: of OThe foregoing instrument was acknowledged before me this day rAO \Q 01-; , - po �— by William R. Hodges, Jr. P 1. A'1A U, I ch My commission expires:�z 1- ,041 Notary is STATE OF COUNTY/CITY O \ to -wit: The foregoing instrument was acknowledged before me this31 da ., y of_ DD by Janette Coakley Hodges. Lq Notary li My commission expires: — - LD q T Approved as to form: Kirk A. Ludwig Attorney at Law STATE OF VIRGINIA, COUNTY/CITY OF ROANOKE, to -wit: BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA Elmer C. Hodge County Administrator (SEAL) 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, Virginia. My commission expires: Law Office Of Kirk A. Ludwig 4 Notary Public W -- v C� in Ln V '.r o NMonO(0,600 F- Ol(7Od'OG�00 N NhN00N47.-I, 0 333�Www3 ONr-MO Z MMInM:fMInM R ecoN(o O,oNto d OtnNN.ltNNP m ZOOINrIl7I�Nrn N I,0 Mn r, (D (n Z Z Z Z (n (n fn WNMd N 10 1* - 10p Z J N(7It LO(DrW E, Ct 1-4 E, wo wq h� 0.� O, � h ho. o� 4, �h. N 0 v � a. W � oqA h h 2 00 4$ \! Ln (n r i t O \� o 0 LL i f r w Wo �I N \ i ti o Z , N \s J' W o-- Ww $z ifa { a=o I J�� W n it c I� 1..�- y.�'�,�_.���,..�'ir�J}� o� $S m �, � f� C) 8 9 3 8 I j ,� ,10t5s Lze d o m I i`� M ti`s iss p q W a to L LU r.5 I I U) 1-4Lli o a I i l w 4 0 W i P -CD h < cti IZ z C4c 2q 1 / / o 3: Q4 jjx l�il ! o W� IIx SSSS t N w p Z^ I I W 6 77 M:770 51 WO I �h oa i Q4 an g�Ulo�g`� I W 1� \ '' tl Z ~i¢ Z a 11 r W uW 11 V) :1 II i W N ` G L i; W h j < Z o.� Nsoarei ,�i o L o l 1 `"7 N z Z v ULn 5 M X Ii LJ a w } f W C W k x' i O 1 d F x w z o LLIa °J Ir Ir Lu Z O p a w o p< CD I�1 O i - W N Or a N v§ CD d W FW g ��„ J �t� I I Kt� 7,;i ��l Q � SaIb9�7A" I f 0 i 6 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, NOVEMBER 13, 2001 RESOLUTION 111301-4.e AUTHORIZING THE TRANSFER TO OR EXCHANGE OF PERSONAL PROPERTY WITH THE VIRGINIA RECREATIONAL FACILITIES AUTHORITY WHEREAS, On July 24, 2001, the County of Roanoke entered into a cooperative agreement with Virginia Recreational Facilities Authority (VRFA) and the River Foundation; and, WHEREAS, in this agreement, the County agreed to assist the VRFA wherever possible in the areas of finance, procurement, human resources, vehicle maintenance and marketing. The goal was to review these functions of government to determine the most cost-effective way to provide these functions; and, WHEREAS, the County has transferred certain surplus vehicles and other equipment to the VRFA after specific approval by the Board of Supervisors; and, WHEREAS, this action adopts a policy that treats the VRFA as another county department for the purpose of transferring, exchanging, leasing, or conveying public personal property assets. NOW THEREFORE, Be It Resolved, By the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the VRFA be deemed a County department for purposes of the transfer, exchange, lease, or conveyance of personal property, equipment, and other similar assets. 1 2. That the County Administrator or his designee shall be authorized to approve such transactions concerning said property or assets as he may deem advisable. 3. That the VRFA is responsible for maintaining liability insurance coverage while they are using the County vehicles and/or equipment. On motion of Supervisor Minnix to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors McNamara, Church, Nickens, Minnix NAYS: None ABSENT: Supervisor Johnson A COPY TESTE: Mary H. Allen, CMC Clerk to the Board of Supervisors cc: File Diane D. Hyatt, Chief Financial Officer Paul M. Mahoney, County Attorney Gardner Smith, Director, Purchasing Bob Jernigan, Risk Manager John Willey, Fleet/Property Manager 2 /1301 A -1-4.f 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: November 13, 2001 AGENDA ITEM: Request to Approve Fiscal Agent Agreement Between the County of Roanoke and the Virginia Recreational Facilities Authority COUNTY ADMINISTRATOR'S COMMENTS: V BACKGROUND: On July 24, 2001, the County of Roanoke, the Virginia Recreational Facilities Authority (VRFA), and the River Foundation entered into an agreement to establish the basis upon which they would collaborate and cooperate with each other to achieve the successful operation of Explore Park. In the agreement, the County agreed to assist the Authority wherever possible in the areas of finance, procurement, human resources, vehicle maintenance and marketing. SUMMARY OF INFORMATION: Since the agreement had been in place, staff has conducted an in-depth analysis of the financial records and systems of the VRFA. The current software that is being used is inadequate to provide the necessary information required to make informed decisions. The current system also requires many manual entries that could be automated with a better system. In order to provide a more sophisticated financial software system at the least cost, it is recommended that the County of Roanoke become the fiscal agent for the VRFA. In this capacity, the County would maintain the financial records as a separate set of funds on the County ledger. The County would generate the voucher checks and payroll checks of the VRFA as part of the weekly processes that are currently performed by the County. The VRFA cash would become part of the "pooled cash" maintained by the County. The County will begin acting as fiscal agent effective January 1, 2002. Between now and then, staff will make the necessary changes needed to accommodate the transition. The County is currently acting as fiscal agent for the County Schools, the Roanoke Valley Regional School, the Roanoke Valley Resource Authority, the Greenway Commission, Roanoke Valley Cable TV, and the Roanoke County Industrial Development Authority. The County staff will include the VRFA in the Request for Proposals for Audit when this service is rebid in early 2002. We will work with the VRFA staff and the selected auditors to complete the audit. We are currently in the process of trying to establish remote communication links from the County computers to Explore Park. Until this link can be established, we will transmit information to the Park through e-mail of financial reports. FISCAL IMPACT: This fiscal agent service will be provided free of charge to the VRFA. However, the County will provide the VRFA with a valuation of the direct and indirect costs involved in providing this service to be used as an in-kind contribution from the County. In addition, this valuation may be used for the purposes of matching funds for grants. STAFF RECOMMENDATION: Staff recommends approving the attached fiscal agent agreement between the County of Roanoke and the VRFA. The County Administrator is authorized to execute the agreement and make any revisions that are deemed necessary to finalize the agreement. Respectfully Submitted by Approved by: Diane D. Hyatt 61 Elmer C. Hodge Chief Financial Officer County Administrator --------------------------------------------------------------------------------- ACTION VOTE No Yes Absent Approved (x) Motion by: H. Odell Minnix to approve Church _ x _ Denied () Johnson — _ x Received () McNamara_ x — Referred () Minnix _ x _ To () Nickens _ x _ cc: File Diane D. Hyatt, Chief Financial Officer Danial Morris, Director, Finance Paul Mahoney, County Attorney Fiscal Agent Agreement Between The County of Roanoke, The Virginia Recreational Facilities Authority, This agreement is made the day of November, 2001, by and between the Board of Supervisors of Roanoke County ("County"), a political subdivision and county of the Commonwealth of Virginia, and The Virginia Recreational Facilities Authority ("Authority"), a political subdivision of the Commonwealth of Virginia created pursuant to Chapter 16 of Title 10.1 of the Code of Virginia, RECITALS 1. The County, the Authority, and the River Foundation entered into a cooperative agreement, dated July 24, 2001 to establish the basis upon which they would collaborate and cooperate with each other to achieve the successful operation of the park and its continued development and enhancement. 2. In paragraph 6 of this cooperative agreement, the County agrees to assist the Authority wherever possible in the areas of finance, procurement, human resources, vehicle maintenance, and marketing. AGREEMENT The County is hereby authorized to serve as Fiscal Agent for The Authority. As such, The Authority and the County agree to the provisions outlined below: 1. Maintenance of Books. The County will establish a separate fand(s) on the County financial system to maintain the financial records of the Authority. 2. Pooled Cash. As part of the overall pooled cash concept that is used by the County, the cash of the Authority will be pooled with the cash of the County and other agencies that the County serves as fiscal agent. As such, the Treasurer of the County is authorized to make investments for the pooled cash. 3. Negative Cash. As a participant in the pooled cash concept of the County, the Authority may have a negative cash balance from time to time. The Authority agrees to minimize the negative cash to the extent possible. The cash balance must be positive at the end of the fiscal year. 4. Interest Income. At the end of each month, the County allocates interest income earned during that month to all of the funds based upon the percentage participation on the pooled cash. If cash is negative at the end of a month, as described in paragraph 3, then negative interest will be allocated to the fund. 5. Loss on Investments. In the unlikely event that the County pooled cash has a loss on an investment through default, market decline, or other reason, the Authority will share in the loss using the methodology described in paragraph 4. 6. Payment of Vendors. The County will make vendor payments for the Authority. These payments will be made in a manner consistent with County procedures. These payments will be combined into the normal County vendor payment process, and as such the check stock used will be the County of Roanoke, and will be signed electronically with the signatures that appear on County checks. Reference to the Authority may be made on the description line of the check. 7. Payment of Payroll. The County will process the payroll for the Authority. These payments will be made in a manner consistent with County procedures and will follow the County payroll cycle. These payments will be combined into the normal County payroll process, and as such the check stock used will be the County of Roanoke, and will be signed electronically with the signatures that appear on the County checks. 8. Processing of Payroll Taxes. The County will file all payroll taxes as part of the combined payroll of the County of Roanoke. As such, the County ID name and number will appear on the W- 2 forms that are received by the employees. This is for cost saving and convenience and does not mean that the employees are employees of the County. 9. Financial Reports. The County will work with the Authority staff and Board to provide meaningful financial reports on a convenient schedule. This will include financial reports to the Authority Board meeting. 10. Audit. The County will procure an audit firm for the Authority audit as part of the overall procurement process for the County audit. The firm selected may or may not be the same firm that is selected to do the County audit. The County will work with the auditors selected to prepare the audit of the Authority. The Authority will maintain overall responsibility for the integrity of the financial records. The Authority will be charged for the cost of the audit. 11. Errors and Omissions. It is the responsibility of the Authority to verify that all financial information is correct, accurate, and complete. 12. Cost. The fiscal agent services outlined above will be provided free of charge to the Authority. The County will provide the Authority with an annual valuation of these services based on direct and indirect costs incurred, as detailed in the County's annual cost allocation plan and other records maintained by the County. These costs will be recorded by the Authority as an in-kind contribution from the County. 13. Term. This agreement shall begin on January 1, 2002 and shall terminate on June 30, 2006. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, NOVEMBER 13, 2001 RESOLUTION 111301-5 CERTIFYING THE CLOSED MEETING WAS HELD IN CONFORMITY WITH THE CODE OF VIRGINIA WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened a closed meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of The Virginia Freedom of Information Act; and WHEREAS, Section 2.2-3712 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 Nickens to adopt the Certification Resolution, and carried by the following recorded vote: AYES: Supervisors McNamara, Church, Nickens, Minnix NAYS: None ABSENT: Supervisor Johnson cc: File Closed Meeting File A COPY TESTE: Z�z.u� Mary H. Allen, CMC Clerk to the Board of Supervisors A-111301-6 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: November 13, 2001 AGENDA ITEM: Request for Appropriation as a Result of Operations for the Year Ended June 30, 2001 COUNTY ADMINISTRATOR'S COMMENTS: This information is being provided to you for the audit committee, the work session, and the resulting evening session, where the yearend balances will need to be appropriated. Like the rest of the nation, we are in a state of transition. Me yearend audit shows a favorable addition to the general fund unappropriated balance of $641,208. While this is substantially lower than we have realized in recent years, we are pleased. The School year end surplus was $3,322,435, a similar amount to last years School surplus. The budget report showing revenues for the first quarter of the current fiscal year identifies several areas that we should continue to monitor. Our sales tax revenues are currently projected to be $240, 000 less than we budgeted for the 2001-02 fiscal year, and the hotel/motel tax is $200, 000 less. While other areas of the 2001-02 revenue budget may be slightly understated, if this trend continues, we anticipate an overall revenue shortfall of $381,130. If holiday sales and the economy continue to decline, it may be necessary to take steps to reduce the 2001-02 budget. Until then, we plan to absorb the shortfall by reviewing and reducing expenditures, reducing travel, and delaying rehires where we are able. YYVe will also review the rollover request with you. We have carefully reviewed the requests to keep them to a minimum and consistent with the Board policy. If you have any questions between now and the Board meeting, please let me know so that we may address those concerns also. SUMMARY OF INFORMATION: KPMG is completing their audit of the financial operations of the County of Roanoke and County of Roanoke Schools for the year ended June 30, 2001. The County will receive a favorable opinion. The Comprehensive Annual Financial Report will be going to the printers on November 15, 2001 and will be distributed to the Board of Supervisors as soon as it is received. We anticipate printing to take approximately two weeks. The Audit Committee met this afternoon to review the results of the year's operations and the management letter comments from the auditors. The County operations for the year ended June 30, 2001 resulted in expenditure savings of $676,259 as shown on Attachment A. Of this amount $257,495 is being recommended as available rollover from department savings. Based upon the policy for the rollover of year-end savings the departments were able to request up to 60% of the savings within their own department for special purchases and programs as approved by the County Administrator. These approved department rollovers total $113,194, which are outlined on Attachment B. This leaves a net department expenditure savings of $144,301. Based on the rollover policy this amount will be transferred to the capital fund unappropriated balance. The general fund revenues were $2,947,568 over budget. The Board anticipated a year-end surplus and appropriated $2,103,190 as part of the original 2001-02 budget appropriation. A more detailed analysis of general fund revenues is outlined in Attachment C. Further amounts designated from the surplus were for loans approved to the water and sewer funds, and for the net appreciation of investmests (unrealized gains). This leaves a balance of $641,208 to be added to the general fund unappropriated balance. The general fund unappropriated balance at June 30, 2001 is $8,572,589. This is a decrease of $1,336,052 or 13.48% from last year. As of June 30, 2001 the general fund unappropriated balance was 7.16% of 2000-01 general fund revenues. As shown on Attachment D, the current unappropriated general fund balance will equal 6.52% of 2001-02 budgeted general fund revenues after the remaining surplus of $641,208 has been added. Finally, Attachment E indicates the additional $144,301 which is recommended for appropriation to the capital fund unappropriated balance. A review of first quarter 2001-02 revenues can be seen in Attachment G. Results of Operations for the Year Ended June 30, 2001 for Roanoke County Schools — Attachment F is the Report that will be presented to the School Board on November 15, 2001. The Schools ended the year with a surplus of $3,322,435. Based upon the adopted County budget ordinance, these funds will automatically be appropriated to the School Capital Fund. A detailed schedule of the proposed uses to be discussed with the School Board is included in Attachment F. Included in the total is $1,338,302 that will be reserved in the School Capital Fund for revenue shortfalls in the 2001- 02 fiscal year. The School Board will need to request, and the County Board approve, for this money to be re -appropriated to the School Operating Fund if this shortfall does occur. No action is required by the County Board at this time. STAFF RECOMMENDATION: The County net surplus of $144,301 be appropriated to the capital fund unappropriated balance according to the rollover policy. The remaining net increase of $641,208 be appropriated to the general fund unappropriated balance. Respectfully Submitted by Danial Morris Director of Finance --------------------- Approved (x) Denied ( ) Received ( ) Referred ( ) To ( ) Approved by Elmer C. Hodge County Administrator •--------------------------------------------------------------------- ACTION VOTE No Yes Absent Motion by: Joseph P. McNamara to approve Church — x _ appropriations Johnson _ — x McNamara_ x _ Minnix _ x _ Nickens x cc: File Danial Morris, Director, Finance Diane D. Hvatt, Chief Financial Officer County of Roanoke Attachment A General Operating Fund For the Year Ended June 30, 2001 Variance Actual Aourit % Revenues $112,768,830 $115,675,68 (2) 2.58% Expenditures and commitments (52,436,101) (52,178,608) -0.49% Beginning Balance 12,103,805 12,103,876 fi ,; (2) 0.00% Transfers In 25,659 66,305 41 i' (2) 158.41 Transfers Out (64,530,812) (64,112,046)13 766: (1) -0.65% $7,931,381 $11,555 Designated Funds Pre -approved for Expenditures for 2001-02 Budget Pre -approved loans to Water/Sewer Funds - Clearbrook Surplus after Pre -Approved Expenditures & Loans Departmental rollover per policy Transfer to Capital Unappropriated Balance per rollover policy Net Appreciation of Investments Addition to General Fund Unappropriated Balance Preliminary General Fund Unappropriated Balance at June 30, 2001 Adjusted General Fund Unappropriated Balance at June 30, 2001 (* k) Detail of Expenditures Approved for 2001-02 Budget from Surplus Economic Development — Tanglewood Mall $75,000 Blue Ridge Behavioral Services 38,423 Convention/Visitors/Partnerships 35,000 Additional Fuel Costs 200,000 E -Government 24/7 50,000 CPMT 100,000 Detention Center 260,000 15 Fire/Rescue Personnel Phase 11 337,500 (partial funding, remainder from Fee for Service) J&DR Court Repairs 300,000 VA Western CC Site Improvements 32,267 HP Computer Upgrade — Server 100,000 Police Cars (6) New Officers 150,000 Hidden Valley High School — Water/Sewer Connect 225,000 Additional Tourism 200,000 Total 2001-02 Budget Expenditures from 2000-01 Surplus $2,103,190 r) See Below County of Roanoke Attachment B Rollover Appropriation FY 00-01 to FY 01-02 MAbudgetVolloverTY02 Ro2,xls1BOS WrkSessn Page 1 Printed 11/09/2001, 11:28 AM Surplus Dept Balance to (Deficit) Request Capital Rollover Description BOS (1,713) (1,713) County Administrator 685 685 Community Relations 2,278 1,367 911 Replacement PC County Attorney 2,999 1,799 1,200 County Code Recodification Human Resources 15,564 9,100 6,464 Lawson Training (payroll) $5,500; Online Applications $2,000; PC/Printer for Background Checks $1,600 Economic Development 6,779 4,000 2,779 Existing Business Program initiatives Commissioner of Revenue 2,179 1,300 879 Replacement DP/Imaging equipment for court records Commonwealth Attorney 1,674 1,000 674 Workstation replacement Sheriff 16,219 16,219 Transportation Safety 960 960 Treasurer 1,123 1,123 Clerk of the Circuit Court (3,775) (3,775) Circuit Court Judges (27,819) (27,819) General District Court 4,679 4,679 Magistrate 515 515 J & DR Court (1,024) (1,024) Court Service Unit 74,484 44,000 30,484 Equipment and telephone system for space renovation ACA - Management 3,760 2,200 1,560 Staff Training Real Estate Valuation 16,453 8,950 7,503 Internet Database project (on-line inquiry) $3,500; PC/Printer Replacements $5,450 Public Transportation 14,965 14,965 Finance 6,875 4,125 2,750 Replacement PCs (3) $3,600; workstation replacement $525 Contingency Balance 7,017 7,017 Management & Budget 5,079 3,048 2,031 Replace PC/Printer; printing of Citizens Budget Guide Purchasing 6,413 3,848 2,565 PC Replacement(2) - Buyers; Staff training (VAGP) Police Department 3,709 2,225 1,484 Replace DP Equipment - Records Division MAbudgetVolloverTY02 Ro2,xls1BOS WrkSessn Page 1 Printed 11/09/2001, 11:28 AM County of Roanoke Rollover Appropriation FY 00-01 to FY 01-02 Attachment B 257,495 113,194 144,301 M:\budget\rollover\FY02 Ro2.xis\BOS WrkSessn Page 2 Printed 11/09/2001, 11:28 AM Surplus Dept Balance to (Deficit) Request Capital Rollover Description Fire and Rescue 250 250 General Services 262 262 ACA - Human Services 1,484 1,484 Parks, Rec & Tourism (2,339) (2,339) Social Services 100,878 20,502 80,376 2 Specialty Printers, Upgrade Monitoring Equipment, Workstation Replacement Library 7,144 4,000 3,144 Replacement of internet PC's for public use Elections 2,887 1,730 1,157 Redistricting costs (voting cards and mailing costs) Non-Dept-Misc (14,694) (14,694) Tax Relief/E&H 1,544 1,544 257,495 113,194 144,301 M:\budget\rollover\FY02 Ro2.xis\BOS WrkSessn Page 2 Printed 11/09/2001, 11:28 AM O M; OD Idl VT O M p+ I - M r O Co N co ib: to r V M V CCF Cl) Cp t~ tf) N N 4A O 'i' : 0,;[7S, 40 't' O W . ; to 03 N W CJ) to CU [f M (D: 00 It V ti N r CV O M (O W h C d . N N O :*1 r4 r- M :tfT M OQ r �t C7 •3 O N W .C�l O �- C a�+ yy�� N N: r XX r (D U r Ll O OD N CA W Efl N O N(D om` N O` a m o U m 6 N OC d ,o U) .~ �r C Q c L,? c C N c d cn U (Jn m ti a :E- 'ML V d o m o aUi o a) a� (D � o) a o p D 4 MECt .: EC. 2.... UF- Q M O C!0 0 0 0 0 0 0 C3 O O O [S O ttS O iD N t1 O r' O:,C>'O OO! 0 0 0 O d O :O C) 0 C) t*7 O W W: M 'q' O C) O d. C) d O:: 0 O d: O :(5 t() tf) O t!9 O t (0 W r O C"S O U7 O O O C.'1 tf# (f) W .t s; O W M C3 ' O() -T co QQF d; O r: "7 i+ O d d O r h- 1� ((1 tf) I`� N f� O sr O d: O f6 CO <' I`ti N r 00 M (0;: (D W (f) r (O LA t` M O O C c- 00 N N 64 LL LL bH C� G d C7) et OM q CO: N to CF' : C'3' M -. I, M CO (D M M OD N (f o O to r W 4� N F T (O co e� > T- r ✓/ M N O ems; C�3: O r iiS t� 1� O' 4 1� (O d O : s- (O O (U r r L f} (L] O) r M N O(5 0 V O' h+ In li 0 G W r (3) N ii O <1 (a r to :U7 I- M, (O (() M q (D +^ M CO CD N: W 'U 't r N r r CA N O d aLCD N >.�N L oELL v a 0 L C V r O Co N X 'N .0 U . m F- C N (D O) ..' Q a) (D (6 yy�� XX (D U W Ll N U_- N O N(D om` N O` a m o U m o OC d ,o �r C Q c L,? c C N c d cn U (Jn m ti a :E- 'ML d o m o aUi o a) a� (D � o) a o p D 4 MECt .: EC. 2.... UF- Lam Attachment D GENERAL FUND UNAPPROPRIATED BALANCE COUNTY OF ROANOKE, VIRGINIA Prior Report Balance Pending Addition from 2000-01 Operations Unaudited Balance at June 30, 2001 y 24, 2001 Appropriation to the VRFA - Explore Park y 24, 2001 Loan to VRFA - Explore Park Unaudited Balance at November 13, 2001 Changes below this line are for information and planning purposes only. Balance from above % of General Amount Fund Revenues $7,931,381 6.29% 641,208 $8,572,589 ($100,000) (250,000) $8,222,589 6. $8,222,589 $8,222,589 6.52 Note: On December 18, 1990, the Board of Supervisors adopted a goal statement to maintain the General Fund Unappropriated Balance at 6.25% of General Fund Revenues 2001 - 2002 General Fund Revenues $126,027,248 6.25% of General Fund Revenues $7,876,703 Respectfully Submitted, Danial Morris Director of Finance Approved By, Elmer C. Hodge County Administrator Attachment E CAPITAL FUND UNAPPROPRIATED BALANCE COUNTY OF ROANOKE, VIRGINIA Prior Report Balance Pending Transfer from Department Savings 2000-01 Unaudited balance at June 30, 2001 Aug 6,2001 Lloyd Property Settlement Proceeds Aug 14, 2001 Solid Waste Collection Canisters Sep 11, 2001 Mason Cove Fire/Rescue Station Septic System Unaudited balance at November 13, 2001 Respectfully Submitted, Danial Morris Director of Finance Approved By, Elmer C. Hodge County Administrator M:\Finance\Common\Board-Reports\MonthlyReports\CAP02.xls 11/09/2001 Amount $656,424.43 144,301.00 $800,725.43 •:� 111 11 (42,000.00) (40,000.00) $1,702,725.43 I is Attachment F ACTION # ITEM NUMBER AT A REGULAR MEETING OF THE COUNTY SCHOOL BOARD OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY SCHOOLS ADMINISTRATION BUILDING MEETING DATE: November 15, 2001 AGENDA ITEM: Request for Appropriation of Final Year -End Balance from School Operations for Fiscal Year Ended June 30, 2001 BACKGROUND: As a result of year-end operations, school revenue received exceeded budgeted revenue by $149,318 (or .15%), while under -expenditures in the major spending categories accounted for $3,173,117 (or 3.22%) of the year-end balance (Attachment A). In past years, the Board of Supervisors has allowed the School Board to purchase school buses with year-end funds and set aside the remaining funds for other capital and non-recurring purposes. SUMMARY OF INFORMATION: As noted in the finalized audit for fiscal year 2000-01, the year-end fund balance for school operations is $3,322,435. The budget ordinance adopted by the Board of Supervisors on May 22, 2001 indicated "that all school fund appropriations remaining at the end of the 2000-01 fiscal year not lapse but shall be appropriated to the School Capital Improvements Fund in fiscal year 2001-02." The attached worksheet outlines staff requests for capital expenditures that have not been funded within the regular operating budget. Senior staff reviewed and prioritized the requests submitted by the departments. Only requests that support the goals in the Six Year Plan were considered for funding. First, priority was given to the amount budgeted as part of the current year budget during the 2001-02 budget cycle ($263,852), the outstanding encumbrances ($65,414), and the annual bus replacements ($650,000). Secondly, staff agreed that the current local, state, and national economies warrant a conservative approach to spending this year-end balance. Consequently, staff is recommending that $1,388,302 (42% of the balance) be reserved as a safety net for the current economic conditions. This amount includes $650,000 for a second year of bus replacements and $738,302 for potential revenue shortfalls in the current year. Should the 2001-02 year-end balance be insufficient to fund the bus replacement schedule next year and/or the current year revenue projections be overestimated, these funds will be available to balance out the 2001-02 budget. Finally, staff recommended funding for $954,868 in prioritized departmental requests including distance learning labs, band instrument replacements, technology, school furniture, floor coverings, cafeteria improvements, and instructional equipment for the Engineering, Criminal Justice, and Motorsports Technology programs. These items are detailed on Attachment B. STAFF RECOMMENDATION: Staff recommends appropriation of the fiscal year 2000-01 year-end balance of $3,322,435 as outlined on Attachment B. An informational report will be forwarded to the Board of Supervisors and the funds reserved for the current economic instability ($1,388,302) will be placed in the School Capital Fund per the approved budget ordinance. At some point in the future, if the School Board determines that the reserve funds should be appropriated for non -capital expenditures, a new report will be presented for both School Board and Board of Supervisors approval. I:\Budget\Penny\Board01-02\ 11-15-01.doc SUBMITTED BY: Penny A. Hodge, CPA Director of Budget & Finance Approved ( ) Denied ( ) Received ( ) Referred ( ) To ( ) Motion by I:\Budget\Penny\BoardO1-02\11-15-Ol.doc Canada Irvin Leggette Roark Stovall No Yes Abs Roanoke County Schools Year -End Balance for FY 2000-2001 Revenues: State Revenue Federal Revenue Tuition, Rent & Interest Miscellaneous Revenue Transfer from County Transfer from Health Reserve Transfer from CPMT Beginning Balance Total Revenue Expenditures: 70 School Board 71 School Superintendent 72 Budget & Finance 73 Instructional Personnel 74 Transportation 75 Facilities & Operations 76 Administrative Personnel 77 Summer School 78 Community Relations 79 Instruction 80 Deputy Superintendent 81 Remediation & Testing 82 Career & Technical Education 83 Pupil Personnel Services 85 Staff Development 86 Guidance 87 Media Services 88 Pupil Assignment 89 Classified Personnel 90 Adult Education Total Expenditures Balance at June 30, 2001 11/07/2001 r._1 Attachment A Budget Year to Date Dollar Percentage 2000-2001 Actuals Difference of Budget 45,403,567 45,453,191 49,624 100.11% 118,972 120,238 1,266 101.06% 596,446 649,560 53,114 108.91% 9,743 55,057 45,314 565.09% 49,197,402 49,197,402 0 100.00% 263,543 263,543 0 100.00% 525,000 525,000 0 100.00% 2,475,202 2,475,202 0 100.00% 98,589,875 98,739,193 149,318 100.15% 85,179 85,234 (55) 100.06% 432,341 143,878 288,463 33.28% 7,170,190 7,008,900 161,290 97.75% 60,813,368 59,123,826 1,689,542 97.22% 733,553 946,315 (212,762) 129.00% 3,538,030 3,543,870 (5,840) 100.17% 6,938,167 6,693,387 244,780 96.47% 472,667 329,499 143,168 69.71% 18,618 15,178 3,440 81.52% 518,332 481,199 37,133 92.84% 855,050 856,316 (1,266) 100.15% 225,670 178,495 47,175 79.10% 379,404 356,492 22,912 93.96% 1,842,143 1,786,483 55,660 96.98% 83,601 60,762 22,839 72.68% 280,040 280,950 (910) 100.32% 643,400 643,986 (586) 100.09% 128,976 105,072 23,904 81.47% 13,271,200 12,646,256 624,944 95.29% 159,946 130,660 29,286 81.69% 98,589,875 95,416,758 3,173,117 96.78% 0 3,322,435 YE-requests.xls 1 4d Requests for Year -End Funding Attachment B October 24, 2001 Dept Amount Priori Requested Funded Items that must be funded: Beginning balance budgeted in 2001-02 263,852 263,852 Purchase order rollover budgets 65,414 65,414 School buses 650,000 650,000 979,266 979,266 Instruction: 1 New Engineering Center equipment - ARBTC Roger Johnson 13,600 13,600 2 Upgrades to distance learning labs - GHS, NSH Jane James 74,518 74,518 3 Distance learning lab - WBHS Jane James 105,000 105,000 4 Distance learning lab - ARBTC Jane James 105,000 105,000 5 Replacement of band instruments (Gold Plan) Greg Denton 113,158 35,000 6 Work & Family studies - GMS Roger Johnson 43,000 - 7 Synergistics lab - GMS Roger Johnson 31,000 - 8 Computers - NSH business dept (20) Roger Johnson 21,000 - 9 New Criminal Justice program equipment - ARBTC Roger Johnson 9,500 9,500 10 New Motorsports Technology equipment - ARBTC Roger Johnson 11,823 11,823 11 Upgrade A/C units - RCCC (5) Roger Johnson 7,530 - 12 Storage building for new modular home project Roger Johnson 19,000 19,000 13 Replacement A/C unit for ARBTC building A Roger Johnson 8,625 - 14 Overhead garage doors - ARBTC (7) Roger Johnson 10,500 - Special Education: 1 Alphasmart word processors (8) Pat Radliffe 2,112 2,112 2 Dell laptops (2) for student loaners Pat Radliffe 3,568 3,568 Media Services: 1 Virus protection/iMac software (e -rate) Jane James 12,367 12,367 2 Classroom computers (e -rate) Jane James 40,000 40,000 3 Replacement file servers (16) Jane James 99,615 99,615 4 Replacement computers for principals (28) Jane James 42,000 42,000 5 Other media equipment requests (see list) Jane James 182,466 113,665 Facilities: 1 Renovate for distance learning lab - ARBTC Richard Flora 10,000 10,000 1 Renovate for distance learning lab - WBHS Richard Flora 10,000 10,000 2 Floor covering Richard Flora 100,000 100,000 3 Camera boxes (20) Richard Flora 3,600 3,600 4 Bus cameras (5) Richard Flora 2,000 2,000 5 School furniture Richard Flora 30,000 30,000 6 Replace 1986 Dodge work van Richard Flora 25,000 25,000 7 Radar trailer unit (speed warning) Richard Flora 3,500 3,500 8 Wheelchair tie -downs Richard Flora 5,000 5,000 9 Fuel site upgrades (leak detection @ 5 sites) Richard Flora 40,050 - 10 Raise roof in bus service bay Richard Flora 30,000 - 11 Replace 1988 Ford van Richard Flora 25,000 - 12 New 4x4 pickup with blade Richard Flora 25,000 - YE-requests.xls 1 AM Requests for Year -End Funding Attachment B October 24, 2001 Dept Amount Prjujjy Requested Funded 13 Pavement roller Richard Flora 31,000 - 14 Asphalt paver Richard Flora 39,000 - School Nutrition: 1 Computers for cafeterias (24) 2 Exterior freezer & pad (WBHS) 3 Cafeteria can racks (40) Non -Capital Requests: Recruiting and mentoring supplies Computer software for Alternative School (elem) Instal lation/training costs for Oracle V3 Diagnostic engine software Index salary scales Other Considerations: Reserve for revenue forecast for current/next year Reserve for bus replacement schedule for next year FY 2000-01 Year -End Funding Requests YE-requests.xls 2 Ed Tutle 36,000 36,000 Ed Tutle 25,000 25,000 Ed Tutle 18,000 18,000 Carol Whitaker 9,000 Not Capital JoAnn Burkholder 7,000 Not Capital Pat Zirkle 15,044 Not Capital Richard Flora 945 Not Capital Tom Hall ?? Not Capital 1,445,521 954,868 1,000,000 738,302 650,000 650,000 1,650,000 1,388,302 4,074,787 3,322,436 R �+ N O Rc G O N L r 20 Vj O N N = LL L Y d O C as N O E dV! 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OD O ld7 CO M N N O Cn N CD CO (D CO O Cl) Ul N 0 O OD app �0 O O Bopp M 1- 7 CRf o) CMO OND N A O M 2� fes- 1) A N (O CO O m COO O ti co N N to V V •- N 1- OD N O {� 69 r x 69 N F O) x U N m H N N > c W N P X C O U N a- d N N ~ N H V U J „L„ C '- N N X~ N C (O J C X ~ X otf N N I p F- 7 U t H N O fA = U W d Ll N C J U O 6 r_U U- V 0 C) C to C O U)U m `> O d J rn (p (D N O N > a� U- v (—° o m d o E(D d e m > -c°ymo0 o L _ ai ti O -j D ro M U O ti ii D 0 20� 0 LL z A-111301-7 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: November 13, 2001 AGENDA ITEM: Authorize the County Administrator to execute such documents as may be necessary, in a form to be approved by the County Attorney, to release Roanoke County and Advance Stores Company, Incorporated (Advance) from obligations related to the Advance Headquarters expansion project. COUNTY ADMINISTRATOR'S COMMENTS: " We are pleased to have been a part in keeping the Advance Auto headquarters in the Roanoke Valley over the last two years. We obtained $700,000 in CDBG funds, $500,000 in Governors' Opportunity funds, and the Board graciously authorized an additional $1 million to assist Advance. Their rapid expansion makes it difficult for them to build a new facility at this time, so its advantageous to them to lease instead. Advance is an excellent corporation and we are pleased that there are here. If there are opportunities in the future to work with them on expansions in the County will bring those back to you at that time. BACKGROUND: Roanoke County, Advance, and the Roanoke County Industrial Development Authority entered into a three party Performance Agreement dated November 24, 1999. The agreement allowed for certain incentives to be realized by Advance in return for expanding their headquarter operation on Airport Road. Roanoke County, State Governors' Opportunity Funds and State Community Development Block Grant (CDBG) Funds provided funding for the project. Roanoke County and Roanoke City entered into a separate agreement dated April 13, 2000. This agreement called for the County and City to share the cost of improving the intersections of Airport Road with Municipal Drive and Towne Square Blvd. The road projects both lie within Roanoke City. Roanoke County local match of GOF Funds and State CDBG Funds provided funding for the project. SUMMARY OF INFORMATION: Advance has notified Roanoke County by letter dated November 5, 2001 that they have decided not to expand their headquarters at the Airport Road location. Alternatively, Advance has indicated that they will be leasing space in Roanoke City to satisfy their expansion needs. Further, Advance has requested to be released from the Performance Agreement, and that Roanoke County return the Governors' Opportunity Funds to the Commonwealth with a letter stating that the project has been cancelled at the request of Advance. This will allow Advance to pursue Governors' Opportunity Funds through Roanoke City to facilitate expansion at their new City location. To date, Roanoke County has expended $54,171.59 on this project. FISCAL IMPACT: The rescinding of the Performance Agreement and County/City Agreement will release the County from granting Advance a total of $937,329.30 in appropriated funds, which were to be used for incentives related to their cancelled expansion project. Staff recommends that these funds be reappropriated to the General Fund Unappropriated Balance. STAFF RECOMMENDATION: 1. Authorize the County Administrator to execute such documents as may be necessary, in a form to be approved by the County Attorney, to release the County and Advance Stores Company, Incorporated (Advance) from obligations related to the Advance Headquarters expansion project. This shall include the County being released from obligations related to the County/City Agreement dealing with road and drainage improvements. 2. Authorize either the reimbursement of $500,000 in Governors' Opportunity Fund monies to the Commonwealth of Virginia, or transfer the funds to the City of Roanoke as may be requested by the Commonwealth, for use by Advance to facilitate their Roanoke City expansion. 3. Reappropriate $937,329.30 to the General Fund Unappropriated Balance. 4. Release the $700,000 appropriation of CDBG Grant revenues and expenditures. 5. Request from Advance the sum of $54,171.59 to be paid to Roanoke County for reimbursement of County expenditures to date. Respectfully submitted, Doug Chittum Economic Development Director Approved by, Elmer C. Hodge County Administrator ------------------------------------------------------------------------------------------------------------------ ACTION VOTE No Yes Absent Approved (x) Motion by: Harry C. Nickens to approve Church _ x _ Denied () staff recommendation as amended and Johnson _ x Received () underlined in paragraph #2 McNamara_ x _ Referred () Minnix _ x _ To () Nickens x cc: File Doug Chittum, Director, Economic Development Danial Morris, Director, Finance Diane D. Hyatt, Chief Financial Officer 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, NOVEMBER 13, 2001 ORDINANCE 111301-8 GRANTING A SPECIAL USE PERMIT TO STEPHEN D. NASH AND RUTH E. NASH FOR A PRIVATE STABLE ON 11.71 ACRES LOCATED AT 4911 POOR MOUNTAIN ROAD (TAX MAP NO. 64.02-1-51), CATAWBA MAGISTERIAL DISTRICT WHEREAS, Stephen D. Nash and Ruth E. Nash have filed a petition for a special use permit for a private stable to be located at 4911 Poor Mountain Road (Tax Map No. 64.02-1-51) in the Catawba Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this matter on November 6, 2001; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first reading on this matter on October 23, 2001; the second reading and public hearing on this matter was held on November 13, 2001. 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 Stephen D. Nash and Ruth E. Nash for a private stable on 11.71 acres located at 4911 Poor Mountain Road (Tax Map No. 64.02-1-51) 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 with the following conditions: (1) A maximum of four horses on the 11.71 acre parcel. (2) All animal grazing areas shall have sufficient ground coverto minimize storm water run-off and erosion. (3) The area for containment of the horses shall be fenced on all sides. (4) Manure will be removed on a weekly basis. 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 with Condition #4 added, and carried by the following recorded vote: AYES: Supervisors McNamara, Church, Nickens, Minnix NAYS: None ABSENT: Supervisor Johnson A COPY TESTE: Mary H. Allen, CMC Clerk to the Board of Supervisors cc: File Janet Scheid, Senior Planner Arnold Covey, Director, Community Development William E. Driver, Director, Real Estate Valuation Paul M. Mahoney, County Attorney Applicants Name: Stephen D, & Ruth E. Nash ROANOKE COUNTY DEPARTMENT OF Special Use, Existing Zoning: R 1 Proposed: Private Stable COMMUNITY DEVELOPMENT ; Tax Map No. 64.02-1-51 Magist. Dist: Catawba 4 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, NOVEMBER 13, 2001 ORDINANCE 111301-9 CHANGE THE ZONING CLASSIFICATION OF APPROXIMATELY 1200 SQUARE FEET OF A TRACT OF REAL ESTATE LOCATED IN THE 3500 BLOCK OF PINEVALE ROAD, (A PORTION OF TAX MAP NO. 77.09-4-36.01) IN THE CAVE SPRING MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF R-1 RESIDENTIAL DISTRICT TO THE ZONING CLASSIFICATION OF C-1 OFFICE DISTRICT UPON THE APPLICATION OF WINDSOR HOUSE, INC. WHEREAS, the first reading of this ordinance was held on August 28, 2001, and the second reading and public hearing were held September 25, 2001; at which time this matter was referred back to the Planning Commission for further study and review; and WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on September 4, 2001 and on November 6, 2001; and WHEREAS, legal notice and advertisement has been provided as required by law. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the zoning classification of approximately 1200 square feet, as described herein, of a certain tract of real estate located in the 3500 block of Pinevale Road (a portion of Tax Map Number 77.09-4-36.01) in the Cave Spring Magisterial District, is hereby changed from the zoning classification of R-1, Residential District, to the zoning classification of C-1, Office District, with conditions. 2. That this action is taken upon the application of Windsor House, Inc. 3. That said real estate is more fully described as follows: BEGINNING at the iron pin set at the northeast corner of Lot 2, proceed S. 29 deg. 1 25'20" E. 7.00 feet; thence S. 60 deg. 25'W. 173.50 feet (approximately), parallel to the existing property line of Lot 2; thence S. 28 deg. 24' 20" E. 7.00 feet; thence N. 60 deg. 25' E. 173.50 feet to the point of beginning, containing approximately 1,211 square feet, as shown on a site plan prepared for Aesthetic Surgery of Virginia, prepared by Marasco & Associates, Inc. and dated November 13, 2001. 4. 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 revised to rezone only 1200 square feet according to drawing submitted, and carried by the following recorded vote: AYES: Supervisors McNamara, Church, Nickens, Minnix NAYS: None ABSENT: Supervisor Johnson A COPY TESTS: Mary H. Allen, CMC Clerk to the Board of Supervisors cc: File Arnold Covey, Director, Community Development Janet Scheid, Senior Planner William E. Driver, Director, Real Estate Valuation Paul M. Mahoney, County Attorney 2 SFnT 8Y: MARASCO AND ASSOC; rn -i � n c •I . top a04 0l a 4 3038610760; NOV-7.01 3:13PM; PAGE 212 It -����� � r . ..ter _ sir'. � rtr �[ r � � �1R\1�1R�1T+^ � 1 •-� AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, NOVEMBER 13, 2001 ORDINANCE 111301-10 AMENDING THE ROANOKE COUNTY ZONING ORDINANCE, SECTION 30-92. "SCREENING, LANDSCAPING, AND BUFFER YARDS" BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia as follows: 1. That Section 30-92. "Screening, Landscaping, and Buffer Yards" of the Roanoke County Zoning Ordinance be, and hereby is, repealed in its entirety. 2. That a new Section 30-92, "Screening, Landscaping, and Buffer Yards" of the Roanoke County Zoning be amended to read and provide as follows: Sec. 30-92. Screening, Landscaping, and Buffer Yards. Sec. 30-92-1. Intent. (A) It is the intent of these provisions to: 1. Set minimum standards that will ease the transition between zoning districts of different intensities. 2. Provide visual and noise buffers between certain land uses and adjoining activities. 3. Promote the protection of the natural environment through plantings that absorb gaseous emissions and improve air quality. 4. Encourage the incorporation of existing vegetation into new developments. 5. Encourage attractively landscaped areas in new developments. 6. Improve the quality of the environment within the County and to provide a certain and predictable review and approval process for landscape plans by establishing minimum standards for planting in new developments. Sec. 30-92-2. Administration. (A) These provisions and requirements shall apply to buildings and developments requiring a site development plan pursuant to Section 30-90 of this ordinance. The board shall also have the authority to apply any of these requirements as a condition of a special use permit approved by the board. (B) Landscaping required by this ordinance shall be planted during an opportune planting season, and shall be in place and in good condition prior to a final certificate of zoning compliance being issued for the site. The property owner in accordance with the existing landscape ordinance shall immediately replace landscaping which dies After the issuance of a final certificate of zoning compliance for a site, it shall be the property owner's responsibility to maintain required screening, landscaping and buffer yards. (C) Temporary irrigation must be provided to insure establishment. A description of the type of irrigation system used to establish the landscape is required to accompany the site plan. Irrigation systems are encouraged with landscape materials, which cannot survive on native precipitation. All plant material must meet American Association of Nurserymen Specifications for No. 1 Grade. Native plantings are encouraged when compatible with the surrounding land use. Every effort should be made to incorporate healthy existing trees into the landscaping plan. For native plant listings refer to the Department of Conservation & Recreation's publication entitled "Native Plants for Conservation, Restoration, and Landscaping -Western Virginia -Mountain Region." (D) These regulations supplement screening, landscaping or buffer yard requirements for specific land uses as may be described in Article IV, Use and Design Standards. Where a conflict may exist between standards, the more stringent standard shall apply. (E) Written decisions of the administrator regarding these provisions may be appealed to the board of zoning appeals pursuant to section 30-24 of this ordinance. Appeals shall be made within thirty (30) days of the administrator's written decision. The approval of a site development plan shall constitute a written decision of the administrator. (F) Any required vegetation that has died must be replaced within 30 days. If during an inopportune planting season, time will be expanded to within 30 days after the start of the opportune planting season. Sec. 30-92-3. Modifications (A) Screening, landscaping and buffer yards required by this section shall be applied equally to all similarly situated properties. Modifications to these standards may be granted in writing by the administrator if the administrator finds any of the following circumstances exist on the proposed building site, or surrounding properties: 1. Natural land characteristics such as topography or existing vegetation on the proposed building site would achieve the same intent of this section; 2. Innovative landscaping or architectural design is employed on the building site to achieve an equivalent screening or buffering effect. 3. The required screening would be ineffective at maturity due to the proposed topography of the site, and/or the location of the improvements on the site. 4. The topography of adjacent and surrounding sites is such as to render required screening ineffective at maturity. 5. The size or character of the area or equipment to be screened is such that screening may be ineffective in carrying out the intention of this section. (B) When the acreage of a site is significantly larger than the area proposed for physical improvements or active usage, buffer yards shall be reserved as required by the section. However, to achieve the intent of this section, the administrator may approve an alternative location and design for required screening and plantings. (C) When property lines abut an adjacent jurisdiction, the administrator shall determine the specific screening and buffering requirements along that property line(s) after consideration of the zoning designation and/or land use of the adjacent property. Requirements shall not exceed those that would be required for similarly situated/zoned property within the county. (D) When a site plan is submitted to modify or expand an existing building or site improvements, or accommodate a change in land use, buffer yard and screening requirements shall only be applied to those portions of the site that are directly affected by the proposed improvements, or change in land use, as determined by the administrator. (E) The areas of any required buffer yard shall not be required to exceed fifteen (15) percent of the site proposed for development. In such cases, the administrator shall allow the width or 2 location of certain buffer yards to be reduced or eliminated. The administrator shall require additional landscaping and/or screening within the remaining buffer yards, or elsewhere on the site. (F) No landscaping or screening shall be required which in the opinion of the administrator interferes with traffic safety, or which violates the provisions of Section 30-100-8 of this ordinance. Sec. 30-92-4. Enforcement Procedures and Penalties (A) All landscaping must be in place prior to issuance of a Certificate of Zoning Compliance. In situations where a building, structure, or property, must be occupied or used prior to completion of landscaping requirements, the county may issue a temporary or partial certificate of zoning compliance. A bond in the amount of 40% of the total cost of landscaping shall be held until final zoning approval. (B) Any violations shall be subject to Section 30-22 of Roanoke County Zoning Ordinance. 30-92-5. Standards and Specifications (A) General 1. All landscape plans shall be prepared by either a registered landscape architect, certified nurseryman, arborist, or professional engineer. At a minimum, fifty (50) percent of all plantings shall be native and every effort should be made to incorporate healthy existing vegetation into the landscaping plan. 2. No vegetation greater than thirty (30) inches in height shall be allowed in the clear sight triangle. 3. For each tree removed from the disturbed area with a trunk diameter of 24" or greater @ five (5) feet above ground level, shall be replaced with one of similar species or characteristics unless otherwise approved by the administrator. (B) Where buffer yards are required by this ordinance the following shall apply: I. Buffer yards shall be reserved solely for screening and landscaping. No proposed building, building addition, structure, parking area or any other type of physical land improvement shall be located in a buffer yard. Not withstanding the above, a driveway entrance or a public road may cross a buffer yard if it is necessary for safe and convenient access to the building site. In addition, buffer yards may be used for greenways. 2. When a proposed buffer yard has a variation in elevation of greater than six (6) vertical feet at any point, the required screening or landscaping within the yard shall be placed to maximize the effectiveness of the screening or landscaping, as determined by the administrator. 3. The maximum slope of any required buffer yard shall be 3: 1 (Horizontal: Vertical). Sufficient vegetation and ground cover shall be established and maintained on any slope to ensure stabilization and re -vegetation. In areas where extreme slopes exist, retaining walls no greater than 4 feet in height may be used. If more than one retaining wall is used, a planting area at least six (6) feet wide with a slope no greater.than 3: 1 must be left 3 between the retaining walls. 4. Existing vegetation within buffer yards shall be considered as a substitute for otherwise required screening, if in the opinion of the administrator, the type, size, and density of the existing vegetation complies with the following standards and the intent of this section. Any existing trees to be incorporated into the landscape must be adequately protected during construction to insure their survival. (Fencing around the drip line perimeter). 5. Where deemed appropriate by the County Zoning Administrator, buffer yards may be allocated for the present or future use as a greenway. (C) Where landscaping is required by this ordinance, the following shall apply: I. Screening shall be visually opaque, and constructed of a durable material. It shall be installed within a required buffer yard and shall be continuously maintained so as to meet the intent of this section. 2. Acceptable screening materials include stockade fences, decorative masonry walls, brick walls, earth berms, and/or a mix of evergreen/deciduous vegetation. Alternative materials may be approved, if in the opinion of the administrator, their characteristics and design meet the intent and standards of this section. (D) Where landscaping is required by this ordinance, the following shall apply: 1. Existing vegetation shall be considered as a substitute for otherwise required landscaping, if in the opinion of the administrator, the type, size, and density of the existing vegetation complies with the following standards and the intent of this section. Any existing vegetation to be preserved and incorporated into the landscape must be adequately protected during construction to insure their survival, as specified in the Protection and Preservation Methods Section {Section 30-92-4(E)}. 2 All plant material must meet American Association of Nurserymen Specifications for No. 1 grade. Native plantings are encouraged when compatible with the surrounding land use. Every effort should be made to incorporate healthy existing trees into the landscape. 3. All plant species chosen shall be suitable for planting and growth within the proposed enviromnent and shall meet the size requirements in the following table. Plants used for screening purposes shall be planted in accordance with the on -center requirements of the table. If spacing requirements are not specified, required landscaping shall be arranged within a buffer yard to achieve the intent of this section. Size/Spacing/Number/Minimums 0 Screening & Spacing Height At Planting Final Height Requireinents Evergreen/deciduous shrubs 24"_ 6' minimum 5' on center Small evergreen trees 5' 15' minimum 15' on center Large evergreen trees 6-8' 50' minimum 20' on center Small deciduous trees 1 1/2" caliper 15' minimum 15' on center Large deciduous trees 1 1/2" caliper 50' minimum 30' on center 0 (E) Protection and Preservation Methods 4. Vegetation designated for protection and/or preservation shall be enclosed in a protection zone which establishes limits of construction disturbance to the root area of designated plant material. All protection zones and measures shall be established to the satisfaction of the Zoning Administrator. During construction, plastic or wood fencing shall be installed at the perimeter of all protection zones. Vegetation of specimen quality, historic designation or cultural value: Provide extraordinary measures to ensure complete protection/preservation *Type of material specified may vary due to site-specific deternlinants. Silt, erosion control, or geotechnical fabric materials are not acceptable for use as vegetation protection. 2. Areas designated for protection and/or preservation shall not be violated throughout the entire construction period by actions including, but not limited to: • Placing, storing, or stockpiling backfill or construction related supplies. • Felling trees into the designated area. • Burning within or in close proximity. • Modifying site topography in a manner which causes damage by collection/ponding or flow characteristics of site drainage. • Trenching or grading operations. • Operating equipment or machinery. • Parking of construction vehicles. • Temporary or permanent paving or impervious surface installation. • Temporary or permanent utility construction installation. • Disposal of construction debris or chemical pollutants. 3. Work or construction related activities within areas designated for protection and/or preservation of existing vegetation shall be accomplished only with prior approval of the Zoning Administrator. 30-92-5. Applicability of Regulations & Requirements (A) Requirements of screening, landscaping and buffer yards between zoning districts shall be determined by using Chart 1. CHART 1 Adjoining Zoning Site Zoning R-3 R-4 C-1 C-2 I-1 I-2 AG -3 D D D D D— AG- I AG -1 D D D D D E AR B B BorC BorC— AV A A A A D E R-1 A A B C D E R-2 A A B C D E R-3 B B B D E R-4 A B D E PRD D E NC B C C-1 C-2 B B TYPE OPTION 1 (Large Buffer, Minimal OPTION 2 (Smaller Buffer With More Landscaping)__,__- Landscaping/Screening)_____ 20' buffer 15' buffer Large trees One large and 3 small trees for every 75' One row of evergreen shrubs and one row 6' screening of deciduous shrubs — & 2 large shrubs for every B—___ 30' buffer 20' buffer Large trees One large and 2 small trees for every 50' One row of evergreen shrubs and a row of 6' screening deciduous shrubs— & 3 shrubs for every 0 C M] E (B) (C) 40' buffer 30' buffer Large and small trees One large tree for every 30' One row of evergreen shrubs and a row of 6' screening deciduous shrubs--,- & 4 shrubs for every 10'___, 50' buffer Large and small trees One row of deciduous shrubs 75' buffer Large and small trees One row of deciduous shrubs 35' buffer One large tree for every 30' 6' screening & 6 shrubs for every 10' _, 50' buffer One large tree and two small trees for every 30' 6' screening & eight shrubs for every 10' Requirements for Adjacent Right of Way / Street Side Plantings 1. Where a new or expanded development, or reconfigured parking area is proposed adjacent to a public street right-of-way, a planting strip shall be established between the parking areas and the adjacent right-of-way. The planting strip shall have a minimum width of ten (10) feet. 2. Within this planting strip a minimum of one (1) large deciduous tree shall be planted every thirty (30) linear feet along the public street right-of-way. Small trees planted every 20 linear feet, may be used where an overhead power line or other obstruction is present. In addition, a minimum of two (2) shrubs shall be placed in the planting strip for every five (5) linear feet of frontage. This should not be construed as meaning that the plants must be uniformly planted. Parking Areas 1. New parking areas shall include landscaped medians, peninsulas or planters that are planned, designed and located to channel traffic, facilitate storm water management, and define and separate parking areas and aisles. 2. Each landscaped area shall be planted with large deciduous trees with a minimum caliper of one and one half (1 '/2") inches at the time of planting in accordance with Section 30- 92-3 (C). 3. Rows of parking shall be separated by a landscaped island at least every 15 spaces and landscaped islands shall also be placed at the end of each row. Landscaped parking islands shall be spaced throughout the parking area and have a minimum dimension of 8' in width of planting area. To protect the plant material from vehicular damage, the island must be delineated by a clear physical barrier such as concrete curbs or set landscaping timbers. 4. A minimum of one large tree with surrounding turf grass or other ground cover shall be required in all parking lot islands. Additionally, three shrubs for every 15 parking spaces shall be planted within or adjacent to the parking area, 5. Large parking areas shall be broken into sections not to exceed 100 parking spaces. Each section is to be separated by major landscaped buffers to provide visual relief. 7 (D) 6. Paved areas greater than 500 sq. ft. such as loading areas, that are not necessarily striped parking lots shall place one landscaped island, as specified above for every 750 sq. ft. of area. They shall be located to channel traffic, and/or define separate parking areas. 7. Expansion of existing parking areas shall comply with the requirements above if the expansion involves the addition of an area equivalent to ten (10) or more parking spaces and the resultant parking area has the equivalent of fifteen (15) _or more spaces. The amount of landscaping required above shall be based on the number of spaces in the new parking area only. Landscaping Requirements for New and Expanded Developments — Adequate minimum landscaping shall be provided as follows: 1. The area coverage of trees and shrubs to be planted, together with the existing crown area of those retained shall occupy at least 35 percent of the total land area of the proposed project. Total land area for purposes of this paragraph shall be the area shown on the site plan as the area of the site plan under consideration. 2. The approved Crown Coverage allowances are listed below. They are based upon the anticipated size at maturity when located in a built environment. Type Large deciduous trees --..— Large evergreen trees__.,-_ Small deciduous treesM. Small evergreen trees,_._ Large shrubs v Small shrubs --,--,— Minimum Height at Maturity 50' min. height 30' min. height 15' min. height 15' min. height 5' min. height 2' min. height Crown Coverage Allowance 1,250 square feet each (35') 500 square feet each (22') 250 square feet each (15') 250 square feet each (15') 10 square feet each (3') 5 square feet each (2') 3. Shrub planting which apply toward crown coverage allowance requirements shall not exceed more than 25 percent of the total crown coverage allowance requirements. Shrub plantings proposed for use as screen plantings (such as related to refuse service areas, outdoor storage areas, mechanical equipment, etc.) do not apply toward Crown Coverage allowance requirements. 4. Groundcovers, perennial plantings, or turf grass do not apply toward Crown Coverage allowance requirements. (E) Additional Screening Requirements 1. All refuse service (dumpsters/containers) and outdoor storage areas in all zoning districts shall be screened from surrounding views. In addition, ground level mechanical equipment shall be screened or landscaped. _ 2. Commercial and industrial use types shall screen from surrounding views all articles and materials being stored, maintained, repaired, processed, erected, fabricated, dismantled, or salvaged. Articles and materials available for retail sale by a commercial use type shall be exempt from this requirement. 2. That this ordinance shall be in effect from and after its passage. On motion of Supervisor Minnix to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors McNamara, Church, Nickens, Minnix NAYS: None ABSENT: Supervisor Johnson A COPY TESTS: Mary H. Allen, CMC Clerk to the Board of Supervisors I cc: File Janet Scheid, Chief Planner Circuit Court Clifford R. Weckstein, Judge Diane McQ. Strickland, Judge Richard C. Pattisall, Judge Robert P. Doherty, Jr., Judge Jonathan M. Apgar, Judge James R. Swanson, Judge Steven A. McGraw, Clerk Juvenile Domestic Relations District Court Joseph M. Clarke, il, Judge Philip Trompeter, Judge John B. Ferguson, Judge Joseph P. Bounds, Judge Ruth P. Bates, Clerk Intake Counsellor General District Court George W. Harris, Judge William Broadhurst, Judge Vincent Lilley, Judge Julian H. Raney, Judge Jacqueline F. Ward Talevi, Judge Theresa A. Childress, Clerk Skip Burkart, Commonwealth Attorney Paul M. Mahoney, County Attorney Magistrates Sherri Krantz/Betty Perry Main Library Ray Lavinder, Police Chief Richard Burch, Chief of Fire & Rescue Roanoke Law Library, 315 Church Avenue, S.W., Rke 24016 Roanoke County Law Library, Singleton Osterhoudt Roanoke County Code Book Gerald S. Holt, Sheriff John M. Chambliss, Jr., Assistant County Administrator Dan O'Donnell, Assistant County Administrator Diane D. Hyatt, Chief Financial Officer Kathi Scearce, Director, Community Relations Danial Morris, Director, Finance O. Arnold Covey, Director, Community Development Gary Robertson, Director, Utility Michael Lazzuri, Court Services Elaine Carver, Director, Information Technology Anne Marie Green, Director, General Services Thomas S. Haislip, Director, Parks, Recreation & Tourism Gardner Smith, Director, Procurement William E. Driver Director, Real Estate Valuation Alfred C. Anderson, Treasurer Nancy Horn, Commissioner of Revenue AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, NOVEMBER 13, 2001 ORDINANCE 111301-11 THE ROANOKE COUNTYZONING ORDINANCE, SECTION 30-23. "NONCONFORMING USES AND STRUCTURES" BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia as follows: That Section 30-23. "Nonconforming uses and structures" of the Roanoke County Zoning Ordinance be, and hereby is, amended to read and provide as follows: Sec. 30-23-2. Nonconforming Uses of Buildings, Structures or Land. (A) Where, at the effective date of this ordinance, or amendment thereto, lawful use exists of buildings, structures or land, individually or in combination, which use is no longer permissible under the terms of this ordinance as enacted or amended, such use may be continued provided: 1. The use is not discontinued for more than two (2) years, or; 2 The use is not converted or replaced, in whole or in part, by a use permitted in the district regulations, or; 3. The buildings or structures containing the nonconforming use are maintained in their then structural condition. A111ll�il.:1�It�It�711�►\il�l�.11\��.IIMl�1�R�J�1� ---- �G1\I��AZ \Ir IINI �t�11 1 (E) Where nonconforming use status applies to a building or structure, removal -IIC4, , IC*A shall eliminate the nonconforming status of the building or structure or land. Sec. 30-23-3. Nonconforming Buildings and Structures. (A) Where a lawful building or structure exists at the time of passage or amendment of this ordinance, which could not be built under the terms of this ordinance by reason of restrictions on area, bulk, lot coverage, height, yards, or other characteristics of the building or structure, or its location on a lot, such building or structure may be continued so long as it remains otherwise lawful provided: 1. No building or structure shall be enlarged in any way which increases or extends its nonconformity. iuw�n�•��iiyi:�ai��:�■����a:�r..isia::►'aas:i:r��_�su:au:i:a:��:rui�►:.�■:�:rn�:l=ii�:i:�:�:i�i•►:i��:�:�:n� 32. Any building or structure which is moved for any reason or for any distance, shall thereafter conform to the regulations for the district in which it is located after it is moved. 2. That this ordinance shall be effective from and after its passage. On motion of Supervisor Nickens to adopt the ordinance, and carried by the 2 following recorded vote: AYES:' Supervisors McNamara, Church, Nickens, Minnix NAYS: None ABSENT: Supervisor Johnson A COPY TESTE: Mary H. Allen, CMC Clerk to the Board of Supervisors 3 cc: File Janet Scheid, Chief Planner Circuit Court Clifford R. Weckstein, Judge Diane McQ. Strickland, Judge Richard C. Pattisall, Judge Robert P. Doherty, Jr., Judge Jonathan M. Apgar, Judge James R. Swanson, Judge Steven A. McGraw, Clerk Juvenile Domestic Relations District Court Joseph M. Clarke, II, Judge Philip Trompeter, Judge John B. Ferguson, Judge Joseph P. Bounds, Judge Ruth P. Bates, Clerk Intake Counsellor General District Court George W. Harris, Judge William Broadhurst, Judge Vincent Lilley, Judge Julian H. Raney, Judge Jacqueline F. Ward Talevi, Judge Theresa A. Childress, Clerk Skip Burkart, Commonwealth Attorney Paul M. Mahoney, County Attorney Magistrates Sherri Krantz/Betty Perry Main Library Ray Lavinder, Police Chief Richard Burch, Chief of Fire & Rescue Roanoke Law Library, 315 Church Avenue, S.W., Rke 24016 Roanoke County Law Library, Singleton Osterhoudt Roanoke County Code Book Gerald S. Holt, Sheriff John M. Chambliss, Jr., Assistant County Administrator Dan O'Donnell, Assistant County Administrator Diane D. Hyatt, Chief Financial Officer Kathi Scearce, Director, Community Relations Danial Morris, Director, Finance O. Arnold Covey, Director, Community Development Gary Robertson, Director, Utility Michael Lazzuri, Court Services Elaine Carver, Director, Information Technology Anne Marie Green, Director, General Services Thomas S. Haislip, Director, Parks, Recreation & Tourism Gardner Smith, Director, Procurement William E. Driver Director, Real Estate Valuation Alfred C. Anderson, Treasurer Nancy Horn, Commissioner of Revenue AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, NOVEMBER 13, 2001 ORDINANCE 111301-12 REJECTING ALL OFFERS ACCEPTING AN OFFER FOR NE) AUTHORIZING THE SALE OF PROPERTY LOCATED AT 400 EAST MAIN STREET, SALEM, VIRGINIA (SALEM OFFICE SUPPLY BUILDING - TAX MAP NO.107-6-1) BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That pursuant to the provisions of Section 16.01 of the Charter of Roanoke County, the subject property has been declared to be surplus, and has been made available for sale; and 2. That the public notice regarding the public hearing for the sale of this surplus property was advertised in the Roanoke Times & World News on October 9, 2001 and October 16, 2001; and 3. That pursuant to the provisions of Section 18.04 of the Charter of Roanoke County, a first reading and public hearing of this ordinance was held on October 23, 2001; and the second reading on this ordinance was held on November 13, 2001, concerning the sale and disposition of property located at 400 East Main Street, Salem, Virginia, Tax Map No. 107-6-1, known as the "Salem Office Supply" building; and _=—_-=_----=—_--_-__-= --; - - ;-- - -- - �e 1 •1.J�A11lRl ill•Jll���1:.11111y1 .111•i�flt•J�\�l�Jr.\Qd.Jt llll-At .JWi o.Inr umI14l-1gw-� 1!\qI •���t:.\ill l�J<�J.:1�1�11�/�1i1��11�1A1\�.I1:1llL:J �J!\/�A2►7A1r tll��l:Plill—�\�Iii11�IP1�r.11:Jl�P7 _ 1!�TE ■ _ _\:l:isJiil:ill:�i�li\�:isJir�ac.li►:i�:��:r..n:minis�all�n�:i��wiu:�i�:sir._u�•i�•.1•l.�i�►:�lurl:Ji�i:���:�.� On motion of Supervisor Nickens to adopt the ordinance and reject all offers and direct staff to research the options currently available more fully, and carried by the following recorded vote: AYES: Supervisors McNamara, Church, Nickens, Minnix NAYS: None ABSENT: Supervisor Johnson A COPY TESTE: Mary H. Allen, CMC Clerk to the Board of Supervisors cc: File Anne Marie Green, Director, General Services Paul M. Mahoney, County Attorney William E. Driver, Director, Real Estate Valuation 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, NOVEMBER 13, 2001 RESOLUTION 111301-13 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 2.2-3712 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 Church to adopt the Certification Resolution, and carried by the following recorded vote: AYES: Supervisors McNamara, Church, Nickens, Minnix NAYS: None ABSENT: Supervisor Johnson cc: File Closed Meeting File A COPY TESTE: Mary H. Allen, CMC Clerk to the Board of Supervisors s AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, NOVEMBER 13, 2001 ORDINANCE 120401-4 AUTHORIZING THE CONVEYANCE OF 33.7 ACRES OF REAL PROPERTY LOCATED IN THE ROANOKE COUNTY CENTER FOR RESEARCH AND TECHNOLOGY TO THE ROANOKE COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY WHEREAS, Roanoke County and the Roanoke County Industrial Development Authority desire to promote and encourage the economic development of Roanoke County and the Roanoke Valley by the recruitment of new industry for the Roanoke Valley, in order to provide for increased employment and corporate investment in the County; and WHEREAS, Roanoke County has identified and developed The Centerfor Research and Technology as a strategic location for a 457 -acre business park, to promote and encourage economic development in the County of Roanoke; and WHEREAS, in order to serve the public interest and to facilitate the orderly transfer of real property to a prospective industry interested in locating at the Roanoke County Center for Research and Technology, it is necessary to convey certain real property from Roanoke County to the Roanoke County Industrial Development Authority. WHEREAS, Section 18.04 of the Roanoke County Charter directs that the acquisition or conveyance of an interest in real estate shall be accomplished by ordinance; the first reading of this ordinance was held on November 13, 2001, and the second reading was held on December 4, 2001. NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That pursuant to the provisions of Section 16.01 of the Charter of Roanoke 1 E 4 County, the subject property has been declared to be surplus, and is hereby made available to the Roanoke County Industrial Development Authority for other public uses, namely, economic development. 2. That the public notice regarding the public hearing for the conveyance of this real property was advertised in the Roanoke Times & World News on December 2, 2001; and 3. That the County Administrator, or any Assistant County Administrator, is authorized to execute such documents and take such actions as are necessary to accomplish the conveyance of 33.7 acres of real property to the Roanoke County Industrial Development Authority, further described as Lot 7 containing 10.2 acres, Lot 8 containing 10.2 acres, and Lot 9 containing 13.3 acres as shown on a map prepared by McKinney and Company, dated 3 November 2000, all of which shall be upon 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, McNamara, Church, Nickens, Minnix NAYS: None cc: A COPY TESTE: 4 Mary H. Alle , CMC Clerk to the Board of Supervisors File Doug Chittum, Director, Economic Development William E. Driver, Director, Real Estate Valuation Paul M. Mahoney, County Attorney 2