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Home My WebLink About8/27/2002 - Adopted Board RecordsAT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, AUGUST 27, 2002 RESOLUTION 082702-1 OF APPRECIATION TO LORINDA G. LIONBERGER FOR HER SERVICE AS SALEM DISTRICT REPRESENTATIVE ON THE COMMONWEALTH TRANSPORTATION BOARD WHEREAS, Lorinda G. Lionberger was appointed by Governor Allen to the Commonwealth Transportation Board in February 1994 and reappointed in 1997; and WHEREAS, Ms. Lionbergerwas reappointed to the Commonwealth Transportation Board by Governor Gilmore in 2001 and served through July 12, 2002; and WHEREAS, Ms. Lionberger represented the Salem District, which includes the Counties of Bedford, Botetourt, Craig, Carroll, Floyd, Franklin, Giles, Henry, Montgomery, Patrick, Pulaski and Roanoke in an admirable and responsible manner; and WHEREAS, during her eight years of service, Ms. Lionberger was dedicated to improving the transportation needs of the Salem District, as well as providing leadership and funding for the nine districts served by the Commonwealth Transportation Board; and WHEREAS, during Ms. Lionberger's service, planning and enhancements for several interstate highway projects were commenced, and many regional projects were begun and/or completed including the Route 460 Bypass in the New River Valley, the Route 122 Moneta Bypass, Route 58 in Patrick County, and the pedestrian bridge in the City of Roanoke; and WHEREAS, Ms. Lionberger has also been active in her community through her service to the Roanoke Regional Chamber's Transportation Advocacy Group, TRUST Board of Directors, Roanoke Valley Speech and Hearing Center, Roanoke County Public School Education Foundation, and the Roanoke Valley Convention and Visitors Bureau. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, expresses its deepest appreciation to LORINDA G. LIONBERGER for her many years of service to the citizens of Roanoke County as the Salem District Representative on the Commonwealth Transportation Board and as an active citizen in the Roanoke Valley community; and FURTHER, the Board of Supervisors expresses its thanks to Ms. Lionberger for her dedication to the transportation needs of all citizens throughout the State of Virginia On motion of Supervisor McNamara to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Flora, McNamara, Minnix, Nickens, Church NAYS: None A COPY TESTE: Diane S. Childers Clerk to the Board of Supervisors cc: File Resolutions of Appreciation File 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, AUGUST 27, 2002 RESOLUTION 082702-2 OF CONGRATULATIONS TO THE INGERSOLL- RAND ROANOKE PLANT FOR THEIR EFFORTS IN THE SAFE RESCUE OF THE PENNSYLVANIA MINERS AND DECLARING AUGUST 27, 2002, AS INGERSOLL-RAND DAY IN THE COUNTY OF ROANOKE WHEREAS, Ingersoll-Rand opened its rock -drilling plant in Roanoke County in 1968 and for thirty years, has been a major employer in the County and the Roanoke Valley, and WHEREAS, the Roanoke Ingersoll-Rand Plant has downhole drill assembly and shipping operations while the world-wide drilling headquarters is located in Garland, Texas; and WHEREAS, on Wednesday, July 24, 2002, nine miners were trapped 240 feet underground in the Quecreek Mine near Somerset, Pennsylvania, when they inadvertently breached an abandoned, water -filled mine; and WHEREAS, on Thursday, July 25, 2002, the 1,500 pound drill bit from another company broke in the shaft during the rescue operation and an Ingersoll-Rand dealer in Somerset called requesting assistance; and by 8:00 a.m. Thursday, the Roanoke Plant had a downhole drill and a 30 inch drill bit being transported to the site; and WHEREAS, on Friday, July 26, 2002, the Roanoke Plant sent another drill with a 26 inch drill bit as a backup to the rescue mission; and WHEREAS, the drill delivered by the Ingersoll-Rand Roanoke Plant on Thursday broke through the ground to reach the trapped miners, who although sustaining some injuries, were alive after 72 hours underground. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke 1 County, Virginia, as follows: 1. That the Board congratulates and recognizes the role played by the employees of the Ingersoll-Rand Roanoke Plant in the safe rescue of the nine Pennsylvania miners trapped underground; and 2. That the Board declares August 27, 2002, as Ingersoll-Rand Day in Roanoke County in recognition of the Roanoke Plant employees' commitment to service to their fellow man and the company's thirty-fifth anniversary as a Roanoke County business partner. On motion of Supervisor McNamara to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Flora, McNamara, Minnix, Nickens, Church NAYS: None A COPY TESTE: Diane S. Childers Clerk to the Board of Supervisors cc: File Resolutions of Congratulations File Doug Chittum, Director, Economic Development 4 ACTION NUMBER A-082702-3 ITEM NUMBER► AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: August 27, 2002 AGENDA ITEM: Award of Additional TEA -21 Grant Funds for Exhibits in the Blue Ridge Parkway Visitor Center COUNTY ADMINISTRATOR'S COMMENTS: BACKGROUND: The Blue Ridge Parkway Visitor Center is a partnership between the National Park Service, Roanoke County, and Virginia's Explore Park. The purpose of the Visitor Center is to orient visitors to the Blue Ridge Parkway and surrounding region, and to interpret the cultural heritage, scenic qualities, and recreational features of the Parkway region in this area of Virginia. The grand opening for the Visitor Center was held on May 7, 2001. The Visitor Center has been well attended by Parkway Visitors. The Visitor Center consists of a large exhibit space, a lecture room, a gift shop, and restroom facilities. The planned design envisioned a theater and three exhibit sections: 1. The Region Today — Highlights the Roanoke Valley today. 2. History of the Blue Ridge Parkway 3. History of the Roanoke Valley— Highlights the natural and cultural history of the Valley. While the Visitor Center is open and functional, at this time the exhibit space is being used for traveling exhibits, and the lecture room is only partially furnished. We have been accumulating grant funds to be used to fund the permanent exhibits and to furnish the lecture room with audio / visual equipment. The County was previously awarded a total of $263,000 in TEA -21 Grant Funds for exhibit and theater construction in the Blue Ridge Parkway Visitor Center. SUMMARY OF INFORMATION: The County has recently been notified that we have been awarded another $77,000 in TEA -21 Grant Funds for this project. This makes a total of $340,000 available for the project. This is the final grant that we will apply for to complete the project. In order to work within the available funds, we will complete the equipping and furnishing of the theater, and construct two of the exhibits listed above — The Region Today and the History of the Blue Ridge Parkway. We will leave the third exhibit space empty in order to host traveling exhibits, which will provide a fresh attraction for returning visitors. We are currently receiving bids for equipping the theater, with plans to begin using the theater space this winter for special lectures and groups. We are in the process of finalizing the construction specs for the exhibit construction, and hope to bid the project in the fall of 2002. FISCAL IMPACT: TEA -21 Funds require a 20% match; however, the money that the County has already spent on the preliminary design and the maintenance and staffing of the building will meet this requirement. STAFF RECOMMENDATION: Staff recommends appropriating the $77,000 TEA -21 grant funds for the exhibit construction in the Blue Ridge Parkway Visitor Center. SUBMITTED BY: Diane D. Hyatt Chief Financial Officer Approved (x) Denied ( ) Received ( ) Referred ( ) To ( ) ACTION Motion by: Harry C. Nickens to approve staff recommendation cc: File Diane D. Hyatt, Chief Financial Officer Danial Morris, Director, Finance Elmer C. Hodge County Administrator VOTE No Yes Abs Church _ x _ Flora _ x _ McNamara_ x Minnix _ x _ Nickens x } AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, AUGUST 27, 2002 ORDINANCE 082702-4 AMENDING SECTION 16-15, "WHEN SALE AUTHORIZED" OF ARTICLE V. "UNCLAIMED PERSONAL PROPERTY" OF CHAPTER 16. "POLICE" OF THE ROANOKE COUNTY CODE TO PROVIDE FOR THE DONATION OF UNCLAIMED PERSONAL PROPERTY TO CHARITABLE OR NONPROFIT ORGANIZATIONS WHEREAS, Section 15.2-1719 of the 1950 Code of Virginia, as amended, authorizes localities to adopt an ordinance to provide for the public sale or retention for its use of unclaimed personal property which has been in the possession of a police department, unclaimed, for more than 30 days; and WHEREAS, the first reading of this ordinance was held on August 13, 2002; and the second reading was held August 27, 2002; and WHEREAS, the Board of Supervisors hereby finds that the donation of unclaimed personal property in the possession of the police department to charitable or nonprofit organizations serves a valuable public interest. NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County as follows: 1. That Section 16-15 of Article V of Chapter 16 of the Roanoke County Code is hereby amended as follows: Sec. 16-15. When sale or donation authorized. (a) Any unclaimed personal property which has been in the possession of the police department and is unclaimed for a period of more than sixty (60) days may be disposed of by the chief of police by public sale, subject to the provisions of this article. 1 a (b) Any bicycle or moped which has been in the possession of the police department and is unclaimed for a period of more than sixty (60) days may be donated to a charitable organization by the chief of police. • 10409IMMSOMW., s- s a r poiige deoartrng it , nd_is unclaimed, for a_period cif more than sixty {60} days mg b donated ate to a charitable car non rofit� r izatior h ohief o olice: or it rggy be retained for use...... by_ the ;)olice de artment. P[jpr to arKgon tion or retention of unclaimed p rsonal property the chief of police shall follow the procedures found in Section 16-16. 2. That this ordinance shall be effective from and after the date of its adoption. On motion of Supervisor Nickens to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Flora, McNamara, Minnix, Nickens, Church NAYS: None A COPY TESTE: Diane S. Childers Clerk to the Board of Supervisors 2 cc: File Paul M. Mahoney, County Attorney Circuit Court Clifford R. Weckstein, Judge Diane McQ. Strickland, 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 O. Arnold Covey, Director, Community Development Janet Scheid, Chief Planner Gary Robertson, Director, Utility Danial Morris, Director, Finance David Davis, Court Services Elaine Carver, Director, Information Technology Anne Marie Green, Director, General Services Thomas S. Haislip, Director, Parks, Recreation & Tourism William E. Driver Director, Real Estate Valuation Alfred C. Anderson, Treasurer Nancy Horn, Commissioner of Revenue 3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, AUGUST 27, 2002 ORDINANCE 082702-5 TO VACATE, QUIT -CLAIM AND RELEASE A PORTION OF A 20' SEWER EASEMENT CONVEYED TO THE BOARD OF SUPERVISORS IN DEED BOOK 1234, PAGE 851, ACROSS LOTS 15,16 AND 22 (TAX MAP NOS. 87.16-5-15, 87.16-5-16 & 87.16-5-22), AND ACROSS TIMBER WOLF CIRCLE, HUNTING HILLS SUBDIVISION, SECTION 27, OWNED BY OLD HERITAGE CORPORATION, LOCATED IN THE CAVE SPRING MAGISTERIAL DISTRICT WHEREAS, by deed of easement dated March 17, 1986, and recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Deed Book 1234, page 851, Old Heritage Corporation conveyed to the Board of Supervisors of Roanoke County, Virginia, a 20' sanitary sewer easement across a parcel of land lying between Peregrine Crest Circle, S.W., and Sleepy Hollow Drive, S.W., in the Cave Spring Magisterial District of the County of Roanoke, Virginia, as shown on the plat attached thereto; and, WHEREAS, the petitioner, Old Heritage Corporation, is the current owner of the parcels of land over which the above-described easement is located, said property having been subdivided by'PLAT OF SUBDIVISION FOR SECTION NO. 27, HUNTING HILLS,' of record in the aforesaid Clerk's Office in Plat Book 25, page 122; and, WHEREAS, by said subdivision plat, petitioner has previously dedicated an alternative sanitary sewer easement in which the sewer lines for development of Hunting Hills, Section 27, have been constructed; and, WHEREAS, the subject portion of the existing easement is no longer required and the petitioner has requested that the Board of Supervisors vacate, quit -claim and release the portion of the 20' sanitary sewer easement shown on Exhibit A attached hereto; and, 1 WHEREAS, the new easement meets the requirements of the affected County departments, the relocation provides equivalent service, and the relocation has been accomplished without cost to the County. THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That pursuant to the provisions of Section 18.04 of the Roanoke County Charter, the acquisition and disposition of real estate can be authorized only by ordinance. A first reading of this ordinance was held on August 13, 2002; and a second reading was held on August 27, 2002; and, 2. That pursuant to the provisions of Section 16.01 of the Charter of Roanoke County, the subject real estate (portion of sanitary sewer easement) is hereby declared to be surplus and the nature of the interest in real estate renders it unavailable for other public uses; and, 3. That, subject to the following condition, a portion of a 20' sanitary sewer easement conveyed to the Board of Supervisors of Roanoke County by deed dated March 17, 1986, and recorded in the aforesaid Clerk's Office in Deed Book 1234, page 851, now located across Lots 15, 16, and 22 (Tax Map Nos. 87.16-5-15, 87.16-5-16 & 87.16-5-22), and across Timber Wolf Circle in Hunting Hills, Section 27, recorded in Plat Book 25, page 122, owned by Old Heritage Corporation, the subject portion of easement being shown cross -hatched on the plat dated July 22, 2002, prepared by Lumsden Associates, P.C., Engineers -Surveyors -Planners, a copy of which is attached hereto as Exhibit A, be and hereby is authorized to be vacated, quit -claimed and released; and, 2 4. That, as a condition to the adoption of this ordinance, Old Heritage Corporation shall be responsible for all costs and expenses associated herewith, including but not limited to, any costs associated with relocation of the lines, surveys, publication, and recordation of documents; and, 5. That the County Administrator, or any Assistant County Administrator, is hereby authorized to execute such documents and take such actions as may be necessary to accomplish this vacation, all of which shall be on form approved by the County Attorney. On motion of Supervisor Minnix to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Flora, McNamara, Minnix, Nickens, Church NAYS: None IiTESTE: � �. 60alz& Diane S. Childers Clerk to the Board of Supervisors cc: File Arnold Covey, Director, Community Development Janet Scheid, Chief Planner Paul M. Mahoney, County Attorney c G N I POR770N PO/N/ i ' SANIrARv / HE VA CA 7 ED SE11ER EASEMENT N A= 142'32' R= 220.00 T= 3.28 L= 6.56 BRG. S 719632' E CHD. 6.56 30' DRA/NAGE ---- EASEMENT (P. B. 25, PG. 122) 20' SAN/TARP TSFI ER EASEMENT (P.B. 25 PG. 122) Z o or PG 30 N 30' d//N/MUM BUILD/NG L/NE ,-15' PUBLIC UTILITY EASEMENT A= 8345'20" R= 35.00 T= 31.38 L= 51.16 BRG. N 33'5452' E CHD. 46.73 S 075748" E ` 15' PUBLIC U77U7-Y EASEMENT 30' M/N/MUM BUILDING L/NE LOT 22 CV JA/V/ /AK I SEWER EASEMENT (P. 8. 25, PG. 122) NOTES. 1. THIS PLAT IS BASED ON A CURRENT FIELD SURVEY. 2. THIS PLAT WAS PREPARED IMTHOUT THE BENEFIT OF A CURRENT TITLE REPORT AND THERE MAY EXIST ENCUMBRANCES WHICH AFFECT THE PROPERTY NOT SHOWN HEREON. J. THE INTENT OF THIS PLAT IS TO VACATE A PORTION OF THE EXISTING 20' SANITARY SEWER EASEMENT. PLAT SHOWING 0�1N1l� A PORTION OF �PS,TIi op ti 20' SANITARY SEWER EASEMENT -]�- yy z zo�tGi ON LOTS 15, 16, 22 AND ACROSS TIMBER WOLF CIRCLE TIf�OTHY 14 SECTION No. 27, HUNTING HILLS (P.B. 25, PG. 122) H E TO BE VACATED PROPERTY OF OLD HERITAGE CORPORATION 04 CAVE SPRING MAGISTERIAL DISTRICT suwv� ROANOKE COUNTY, VIRGINIA DATE: JULY 22, 2002 SCALE: 1"= 60, COMM. NO: 97-284 CADD FILE: F,\1997\97284\SURVEY\VACEASMT.DW G LUMSDEN ASSOCIATES, P.C. ENGINEERS -SURVEYORS -PLANNERS ROANOKE, VIRGINIA 4664 BRAMBLETON AVENUE PHONE: (540) 774-4411 P.O. BOX 20669 FAX: (540) 772-9445 ROANOKE, VIRGINIA 24018 E-MAIL: MAIL@LUMSDENPC.COM AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, AUGUST 27, 2002 ORDINANCE 082702-6 AUTHORIZING THE ACQUISITION AND ACCEPTANCE OF A DONATION OF 1.4076 ACRES OF LAND ADJOINING GARST MILL PARK FROM FRANK R. RADFORD AND MARY ELIZABETH RADFORD WHEREAS, by deed of easement dated May 1, 1997, and recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Deed Book 1544, page 1940, James O. Roberson conveyed a public access trail and greenway easement connecting with Garst Mill Park to the Board of Supervisors of Roanoke County; and, WHEREAS, the Roberson property was subsequently acquired and developed as 'Cresthill Commons' by Radford & Company; and, WHEREAS, the area of the public access trail and greenway easement was set out as a separate tract on the subdivision plat and was conveyed to Frank R. Radford and Mary Elizabeth Radford; and, WHEREAS, the Radfords have offered to donate the land in fee simple to the County and the Department of Parks, Recreation and Tourism has recommended acceptance of the property; and, WHEREAS, Section 18.04 of the Roanoke County Charter directs that the acquisition of real estate be accomplished by ordinance; the first reading of this ordinance was held on August 13, 2002; and the second reading was held on August 27, 2002. NOW THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1 1. That the County Administrator is hereby authorized to accept the donation of 1.4076 acre of land, designated and shown as "TRACT "A" 61,314 S.F. = 1.4076 Ac." upon the plat of "Cresthill Commons", recorded in the Clerk's Office of the Circuit Court of Roanoke County in Plat Book 24, page 86, a partial copy of which is attached hereto as Exhibit A, from Frank R. Radford and Mary Elizabeth Radford. 2. That the County Administrator or an Assistant County Administrator is authorized to execute such documents and take such actions on behalf of Roanoke County in this matter as are necessary to accomplish the acquisition and acceptance of this property, all of which shall be approved as to form by the County Attorney. 3. That this ordinance shall be effective on and from the date of its adoption. On motion of Supervisor McNamara to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Flora, McNamara, Minnix, Nickens, Church NAYS: None A COPY TESTE: Ljoj\k do) Diane S. Childers Clerk to the Board of Supervisors cc: File Pete Haislip, Director, Parks, Recreation & Tourism Paul M. Mahoney, County Attorney William E. Driver, Director, Real Estate Valuation Arnold Covey, Director, Community Development 2 ISM i. v isF; Fc -a JNW 3 RLOH VINnIfir,VfKIO'dIA'3MONVM 6.99, SUN 'Jo.k IA Q 'IDN -Hf I IS, -S d33.1q T3 O'd S3iVfDOSSV NEKISINM zi 71t 1. :iiYOC ZtO-!m •cw nncn MAN zq I CCU 0 E co Q, U4 En z < 5 M iL OF m ci I x z zi 71t iF " zq I CCU 0 E zi 71t " zq I zi AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, AUGUST 27, 2002 ORDINANCE 082702-7 AUTHORIZING CONVEYANCE OF EASEMENTS ON PROPERTY OWNED BY THE BOARD OF SUPERVISORS TO VERIZON VIRGINIA INC. FOR TELEPHONEXOMMUNICATION SERVICE TO THE ROANOKE COUNTY CENTER FOR RESEARCH AND TECHNOLOGY IN THE CATAWBA MAGISTERIAL DISTRICT WHEREAS, Roanoke County staff is coordinating the development of the Center for Research and Technology; and, WHEREAS, Verizon - Virginia, Inc. (Verizon) requires a right of way and easement for distribution lines, facilities and access on the County's property adjacent to Corporate Circle to provide telephone and communication service to the Center for Research and Technology, specifically including the sites as shown on the `Combination, Re -Subdivision and Vacation Plat for The Board of Supervisors of Roanoke County, Virginia, Center for Research & Technology (CRT), Section One', dated February 8, 2002, and recorded in the Clerk's Office of the Circuit Court of Roanoke County in Plat Book 25, page 54; and, WHEREAS, the proposed easement will serve the interests of the public and is necessary for the public health, safety, and welfare of citizens of the County of Roanoke. THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That pursuant to the provisions of Section 18.04 of the Roanoke County Charter, the acquisition and disposition of real estate can be authorized only by ordinance. A first reading of this ordinance was held on August 13, 2002, and a second reading was held on August 27, 2002. 1 2. That pursuant to the provisions of Section 16.01 of the Charter of Roanoke County, the interests in real estate to be conveyed are hereby declared to be surplus, and are hereby made available for other public uses by conveyance to Verizon Virginia, Inc., for the provision of telephone and communication services in connection with Roanoke County's development of the Center for Research and Technology. 3. That donation to Verizon Virginia Inc. of an easement, 30' x 50', for communication and distribution systems, facilities and equipment, and an easement, 15' in width, for access and utilities, on the County's property (Tax Map No. 54.00-1-2) adjacent to Corporate Circle, to provide telephone and communication services to the Center for Research and Technology, said easements being shown and designated as "NEW 1,500 SQ. FT. (30'x 50') EASEMENT BOUNDED BY CORNERS 1-2-3-4-1 INCLUSIVE" and "NEW 15' WIDE ACCESS & UTILITY EASEMENT BEING GRANTED TO VERISON-VIRGINIA FROM POINT 2 NORTH FOR 124.9'± TO SOUTHERLY RIGHT OF WAY LINE OF GLENMARY DRIVE WHEN EXTENDED", on the 'Easement Plat for Verizon - Virginia', a copy of which is attached hereto as Exhibit A, is hereby authorized and approved. 4. That the County Administrator, or any assistant county administrator, is hereby authorized to execute such documents and take such further actions as may be necessary to accomplish this conveyance, all of which shall be on form approved by the County Attorney. 5. That this ordinance shall be effective on and from the date of its adoption. On motion of Supervisor Church to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Flora, McNamara, Minnix, Nickens, Church r;, NAYS: None A COPY TESTE: Diane S. Childers Clerk to the Board of Supervisors cc: File George W. Simpson, Jr., Assistant Director, Community Development Paul M. Mahoney, County Attorney Doug Chittum, Director, Economic Development 3 1. THIS PLAT WAS PREPARED WITHOUT BENEFIT OF A TITLE REPORT_A' ND IS SUBJECT THERETO. THEREFORE, THERE MAY EXIST ENCUMBRANCES WHICH AFFECT THE- PROPERTY SHOWN HEREON. 2. THE SUBJECT. PROPERTY IS WITHIN THE LIMITS OF ZONE "X" AS SHOWN ON THE. FEMA FLOOD INSURANCE RATE MAP NO. 51161CO038 D, EFFECTIVE DATE OCTOBER 18, 1995. THIS DETERMINATION IS BASED ON SAID MAP AND HAS. NOT BEEN VERIFIED BY ACTUAL FIELD ELEVATIONS.- O� hDs Pot 1/ / o 4 o. `v ©' SWR S � 1.000, SpJ c7 / / NS�pNE OF .. F�'nyt�E.pE WOR�dE / fimGNpMPR APCO POLE #273-340 I.P.S. CORPORATE CIRCLE a UNIMPROVED AREA N fo to to -- Z OLD GLENMARY DRIVE ABANDONED BY VDOT NOT TO -^^` SCALE 105.50' n NEW 15' MADE ACCESS & UTILITY EASEMENT BEING GRANTED TO VERIZON— VIRGINIA FROM POINT 2 NORTH FOR 124,9'* TO SOUTHERLY RIGHT OF WAY UNE OF GLENMARY DRIVE WHEN EXTENDED. GUY WIRE �4_ . 3 N 51'41'20" E I.P.S. 1, . , , .^, 424.31 ACRES PROPERTY OF ROANOKE COUNTY BOARD OF SUPERVISORS' TAX # 54.00-1-2 D.B. 1559, PG. 787 — NEW 1,500 SO. FT. (30' X 50') EASEMENT BOUNDED BY CORNERS 1-2-3-4-1 INCLUSIVE -EDGE OF PgVEMEN7 S 51'41'20" W 1/2" S 51'41'20" W I.P.S. 15 0w ON P.S. 25, .54EASEMENT PLAT FOR' J ftLPAR:KE�R 0 _H O ~ U r rn -r °> wool Z to O d' N IM N to ul toN Z i N I APCO POLE #273-340 I.P.S. CORPORATE CIRCLE a UNIMPROVED AREA N fo to to -- Z OLD GLENMARY DRIVE ABANDONED BY VDOT NOT TO -^^` SCALE 105.50' n NEW 15' MADE ACCESS & UTILITY EASEMENT BEING GRANTED TO VERIZON— VIRGINIA FROM POINT 2 NORTH FOR 124,9'* TO SOUTHERLY RIGHT OF WAY UNE OF GLENMARY DRIVE WHEN EXTENDED. GUY WIRE �4_ . 3 N 51'41'20" E I.P.S. 1, . , , .^, 424.31 ACRES PROPERTY OF ROANOKE COUNTY BOARD OF SUPERVISORS' TAX # 54.00-1-2 D.B. 1559, PG. 787 — NEW 1,500 SO. FT. (30' X 50') EASEMENT BOUNDED BY CORNERS 1-2-3-4-1 INCLUSIVE -EDGE OF PgVEMEN7 S 51'41'20" W 1/2" S 51'41'20" W I.P.S. 15 POINT 17 FOUND INTERSTATE 81 ON P.S. 25, .54EASEMENT PLAT FOR' VERIZON- VIRGINIA ftLPAR:KE�R SHOWING A NEW 1,500 S0. FT. EASEMENT AND .A NEW 15' WIDE ACCESS AND UTILITY EASEMENT wool WITHIN A 424.31 ACRE TRACT PROPERTY OF ROANOKE COUNTY NOTE: BOARD OF SUPERVISORS SEE PLAT FOR THE BOARD .OF SITUATE OFF GLENMARY DRIVE SUPERVISORS OF ROANOKE CATAWBA MAGISTERIAL DISTRICT COUNTY RECORDED IN P.B. 25, PG. 54. ROANOKE COUNTY, VIRGINIA LEGEN= I.P.S. = IRON PIN SET MON. = MONUMENT OH.W = OVERHEAD WIRE � UTILITY POLE E = PROPERTY LINE TAX # 54.00-1-2 T. P. PARKER & SON SCALE: 1"= ZU N.B. G-262 DRAWN TPP TPF&5 916 Boulevard DATE: JULY 25 ,2002 ENGINEERS pont OfficeBmc 39 51614 EXHIBIT A CALL. TPP__ CHK'D JTP SURVEYORS _ D- AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, AUGUST 27, 2002 RESOLUTION 082702-8 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 August 27, 2002 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 10, inclusive, as follows: 1. Approval of minutes — August 13, 2002 2. Resolutions of appreciation upon the retirement of: (a) Phyllis A. Johnson, Sheriff's Office, after twenty-two years of service (b) Michael A. Shank, Sheriff's Office, after twenty-two years of service (c) Aileen V. Bohon, Sheriff's Office, after seventeen years of service (d) Alan L. Perdue, Sheriff's Office, after eleven years of service 3. Donation of an easement from Scott T. Mesner (Tax Map No. 38.06-01-01), Hollins Magisterial District 4. Donation of an easement from Bradley L. Behan and Virginia Dasse-Behan (Tax Map No. 38.06-01-02), Hollins Magisterial District 5. Request to accept a grant from the Department of Criminal Justice Services in the amount of $26,857 to fund a portion of the salary cost of the Cave Spring Middle School Resource Officer from July 1, 2002 — June 30, 2003 6. Request to accept a grant from the Department of Criminal Justice Services in the amount of $5,025 to be used by the Roanoke Valley Triad for crime prevention programs from July 1, 2002 — June 30, 2003 1 7. Request to accept a grant from the Department of Criminal Justice Services in the amount of $26,857 to fund a portion of the salary cost of the William Byrd Middle School Resource Officer from July 1, 2002 — June 30, 2003 8. Request to accept a grant from the Department of Criminal Justice Services in the amount of $26,857 to fund a portion of the salary cost of the Northside Middle School Resource Officer from July 1, 2002 — June 30, 2003 9. Request to accept a grant from the Department of Criminal Justice Services in the amount of $25,091 to fund a portion of the salary cost of the Hidden Valley Middle School Resource Officer from July 1, 2002 — June 30, 2003 10. Request to accept a grant from the Department of Criminal Justice Services in the amount of $32,431 to fund a portion of the salary cost of the Hidden Valley High School Resource Officer from July 1, 2002 — June 30, 2003 That the Clerk to the Board is hereby authorized and directed where required by law to set forth upon any of said items the separate vote tabulation for any such item pursuant to this resolution. On motion of Supervisor Nickens to adopt the Consent Resolution, and carried by the following recorded vote: AYES: Supervisors Flora, McNamara, Minnix, Nickens, Church NAYS: None A COPY TESTE: All)' 117) 1 Diane S. Childers Clerk to the Board of Supervisors CC: File Gerald Holt, Sheriff Joe Sgroi, Director, Human Resources George Simpson, Assistant Director, Community Development Danial Morris, Director, Finance E f AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, AUGUST 27, 2002 RESOLUTION 082702-8.a EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY UPON THE RETIREMENT OF PHYLLIS A. JOHNSON, SHERIFF'S OFFICE, AFTER TWENTY-TWO YEARS OF SERVICE WHEREAS, Phyllis A. Johnson was first employed by Roanoke County on August 1, 1980, as a Deputy Sheriff with the Sheriff's Office; and WHEREAS, Deputy Sheriff Johnson, who worked with the care and confinement of prisoners, retired from Roanoke County on August 1, 2002, after twenty-two years of service; and WHEREAS, Deputy Sheriff Johnson provided valuable assistance to the Department of Social Services in the prevention of welfare fraud; and WHEREAS, Deputy Sheriff Johnson, through her employment with Roanoke County, has been instrumental in improving the quality of life for its citizens. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County expresses its deepest appreciation and the appreciation of the citizens of Roanoke County to PHYLLIS A. JOHNSON for twenty-two years of capable, loyal and dedicated service to Roanoke County. FURTHER, the Board of Supervisors does express its best wishes for a happy, restful, and productive retirement. On motion of Supervisor Nickens to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Flora, McNamara, Minnix, Nickens, Church 1 NAYS: None A COPY TESTE: Q�l �L fin) Diane S. Childers Clerk to the Board of Supervisors cc: File Resolutions of Appreciation File Gerald Holt, Sheriff Joe Sgroi, Director, Human Resources 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, AUGUST 27, 2002 RESOLUTION 082702-8.b EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY UPON THE RETIREMENT OF MICHAEL A. SHANK, SHERIFF'S OFFICE, AFTER TWENTY-TWO YEARS OF SERVICE WHEREAS, Michael A. Shank was first employed by Roanoke County on July 1, 1980, as a Deputy Sheriff in the Corrections Division of the Sheriff's Office; and WHEREAS, Deputy Sheriff Shank retired from Roanoke County on August 1, 2002, as Deputy Sheriff in the Civil Division, after twenty-two years and one month of service; and WHEREAS, Deputy Sheriff Shank provided valuable assistance to the County by operating the Jail Canteen, supervising inmates, and serving as Court Bailiff and Civil Process Server; and WHEREAS, Deputy Sheriff Shank, through his employment with Roanoke County, has been instrumental in improving the quality of life for its citizens. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County expresses its deepest appreciation and the appreciation of the citizens of Roanoke County to MICHAEL A. SHANK for over twenty-two years of capable, loyal and dedicated service to Roanoke County. FURTHER, the Board of Supervisors does express its best wishes for a happy, restful, and productive retirement. On motion of Supervisor Nickens to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Flora, McNamara, Minnix, Nickens, Church NAYS: None A COPY TESTE: Diane S. Childers Clerk to the Board of Supervisors cc: File Resolutions of Appreciation File Gerald Holt, Sheriff Joe Sgroi, Director, Human Resources AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, AUGUST 27, 2002 RESOLUTION 082702-8.c EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY UPON THE RETIREMENT OF AILEEN V. BORON, SHERIFF'S OFFICE, AFTER SEVENTEEN YEARS OF SERVICE WHEREAS, Aileen V. Bohon was first employed by Roanoke County on December 1, 1984, in the Sheriff's Office to assist with the preparation and service of food in the jail; and WHEREAS, Ms. Bohon retired from Roanoke County on August 1, 2002, as the Corrections Food Services Director, after seventeen years and eight months of service; and WHEREAS, Ms. Bohon, during her many years of service, continued to receive 100% compliance in the minimum standards of operations with the Virginia Department of Corrections, the Virginia Department of Health and the American Corrections Association; and WHEREAS, Ms. Bohon, through her employment with Roanoke County, has been instrumental in improving the quality of life for its citizens. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County expresses its deepest appreciation and the appreciation of the citizens of Roanoke County to AILEEN V. BOHON for over seventeen years of capable, loyal and dedicated service to Roanoke County. FURTHER, the Board of Supervisors does express its best wishes for a happy, restful, and productive retirement. 1 On motion of Supervisor Nickens to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Flora, McNamara, Minnix, Nickens, Church NAYS: None A COPY TESTE: Diane S. Childers Clerk to the Board of Supervisors cc: File Resolutions of Appreciation File Gerald Holt, Sheriff Joe Sgroi, Director, Human Resources 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, AUGUST 27, 2002 RESOLUTION 082702-8.d EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY UPON THE RETIREMENT OF ALAN L. PERDUE, SHERIFF'S OFFICE, AFTER ELEVEN YEARS OF SERVICE WHEREAS, Alan L. Perdue was first employed by Roanoke County on August 5, 1991, as a Deputy Sheriff in the Corrections Division of the Sheriff's Office, and also served as Deputy Sheriff Corporal and Deputy Sheriff Sergeant; and WHEREAS, Sergeant Perdue retired from Roanoke County on August 1, 2002, after eleven years of service; and WHEREAS, Sergeant Perdue provided valuable assistance to the County by supervising the operations of the jail and maintaining the prison population; and WHEREAS, Sergeant Perdue, through his employment with Roanoke County, has been instrumental in improving the quality of life for its citizens. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County expresses its deepest appreciation and the appreciation of the citizens of Roanoke County to ALAN L. PERDUE for eleven years of capable, loyal and dedicated service to Roanoke County. FURTHER, the Board of Supervisors does express its best wishes for a happy, restful, and productive retirement. On motion of Supervisor Nickens to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Flora, McNamara, Minnix, Nickens, Church NAYS: None A COPY TESTE: --L- AIL Diane S. Childers Clerk to the Board of Supervisors cc: File Resolutions of Appreciation File Gerald Holt, Sheriff Joe Sgroi, Director, Human Resources ACTION NO. A 082702-8.e ITEM NO. - AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: August 27, 2002 AGENDA ITEM: DONATION OF AN EASEMENT FROM SCOTT T. MESNER (TAX MAP NO. 38.06-01-01) TO THE BOARD OF SUPERVISORS OF ROANOKE COUNTY IN THE HOLLINS MAGISTERIAL DISTRICT. COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: This consent agenda item involves conveyance of an easement to the Board of Supervisors in the Hollins Magisterial District of the County of Roanoke: A perpetual RIGHT and EASEMENT, approximately .0712 acre, 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 April 17, 1996, and recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Deed Book 1505, page 133, and designated on the Roanoke County Land Records as Tax Map No. 38.06-01-01 (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. 1 STAFF RECOMMENDATION: Staff recommends acceptance of this easement. SUBMITTED BY: APPROVED BY: George W. Simpson, III, P.E., Elmer C. Hodge Assistant Director County Administrator Department of Community Development Approved (x) Denied ( ) Received ( ) Referred ( ) To ( ) ACTION Motion by: Harry C. Nickens to approve VOTE No Yes Abs Church _ x Flora _ x _ McNamara_ x _ Minnix _ x _ Nickens _ x _ cc: File _- George Simpson, Assistant Director, Community Development Paul Mahoney, County Attorney 2 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.: 38.06-01-01 Property Owners: Scot T. Mesner THIS DEED OF EASEMENT, made this day of 2002, by and between SCOT T. MESNER (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, of approximately .0267 acre, 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 April 17, 1996, and recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Deed Book 1505, page 133, and designated on the Roanoke County The Land Records as Tax Map No. 38.06-01-01 (the "Property"). 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"). Law Office II Of Kirk A. Ludwig 1 The Grantee agrees to restore and repair any actual damage to Grantor's Property which may be directly caused by the construction, reconstruction, or maintenance of said project except as hereinafter provided. The Grantor agrees that the Grantee will not be expected to restore the Property to the identical original condition, but rather as near thereto as is practicable, and that the Grantor will cooperate with the Grantee in effectuating such restoration. It is expressly agreed between the parties hereto that the Grantee and its agents shall have the right to inspect the easement herein granted and to cut, clear, and remove all undergrowth, obstructions, or improvements lying within, upon, or adjacent to said easement, that in any way endanger or interfere with the proper use of the same. The Grantor covenants that no building or structure shall be erected upon or within the easement herein granted or placed in such location as to render said easement inaccessible. In the event that this covenant is violated, the Grantee shall not be obligated to repair, replace, or otherwise be responsible for such improvements if damaged or removed. The Grantor acknowledges that the plans for the aforesaid project as they affect the Property have been fully explained to Grantor or Grantor's authorized representative. The fixtures, facilities, lines, utilities, and any other improvements placed upon, under, or across the Property by the Grantee shall remain the property of the Grantee. The easement 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. Law Office Of Kirk A. Ludwig 2 Law Office Of Kirk A. Ludwig 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: GRANTO ' (SEAL) CUT T. MESNER 3 STATE OF COUNTY/CITY OFF to -wit: The foregoing instrument was acknowledged before me this day of �o o a by Scot T. Mesner. � y otary Pubo commission expires: �1/� c© 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: 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 N Notary Public METES AND BOUNDS DESCRIPTION SHOWN ON THIS PLAT REPRESENT A COMPOSITE OF OF DEEDS, PLATS, AND CALCULATED INFORMA7{ION AND DO NOT REFLECT AN ACCURATE BOUNDARY SURVEY.• Z d ❑ Q Dent ............. _-- _.. - AOad Rt. 6 S.8.4.3' ................... 25.01' � -. 578 ;3043 ... . �I LOT 2 ;I WILLIAM C. & STELLA M. CRANWELL W TAX No. 38.06-01-01.02 0-) D.B. 1474 PG. 1366 I� n 100 YEAR FLOOD PLAIN S84— 1 21'E 121.99' # 416 � I I TRACT A, x 0.582 Ac.— SCOT c. 'SCOT T. MESNER TAX No. 38.06-01-01 D.B. 1503 PG. 133 N87'05'01'W 70.57' NEW DRAINAGE EASEMENT 0.0267 c p,Rv1N's CREEK TAX MAP NO. TAX# 38.06-01-01 Ac. S82'42'30"W O 1 0 81.45 LINE TABLE 1-2 S01'39'05E 154.44' 2-3 S82'42'30"W 7.54' 3-4 N01'39'00'W 156.16' 4-1 S84'11'12'E 7.56' SCALE: cn 0 N LZ 0 0 m S87'34'24" E 85.55' N ■ d�t'Z � 04 a. cs W W a �m X-' 0< 0mz coa a # 3601 .z a z Woo Qm.'-� 1 = I LLJo� i 0M Lf) CO � I `-'COQ < io wa o6 ao I ~oQ I z° I n . x I m > Qo I 1 " - 40' PLA T SHOW/NG DED/CA77ON OF A 7.5' DRA INA GE EASEMENT TO COUNTY OF ROA NOKE BY SCOTT MESNER PREPARED BY ROANOKE COUNTY ENGINEERING DEPARTMENT DATE: 6/21/2002 1 ACTION NO. A -082702-8.f ITEM NO. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: August 27, 2002 AGENDA ITEM: DONATION OF AN EASEMENT FROM BRADLEY J. BEHAN AND VIRGINIA DASSE-BEHAN, HUSBAND AND WIFE (TAX MAP NO. 38.06-01-02) TO THE BOARD OF SUPERVISORS OF ROANOKE COUNTY IN THE HOLLINS MAGISTERIAL DISTRICT. COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: This consent agenda item involves conveyance of an easement to the Board of Supervisors in the Hollins Magisterial District of the County of Roanoke: A perpetual RIGHT and EASEMENT, approximately .0712 acre, 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 August 3, 1995, and recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Deed Book 1483, page 1430, and designated on the Roanoke County Land Records as Tax Map No. 38.06-01-02 (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. A STAFF RECOMMENDATION: Staff recommends acceptance of this easement. SUBMITTED BY: APPROVED BY.- George Y:George W. Simpson, III, P.E., Elmer C. Hodge Assistant Director County Administrator Department of Community Development Approved (x) Denied ( ) Received ( ) Referred ( ) To ( ) ACTION Motion by: Harry C. Nickens to approve JA VOTE No Yes Abs Church _ x Flora _ x _ McNamara_ x _ Minnix _ x _ Nickens x cc: File George Simpson, Assistant Director, Community Development Paul Mahoney, County Attorney E U1 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.: 38.06-01-02 Property Owners: Bradley J. Behan and Virginia Dasse-Behan THIS DEED OF EASEMENT, made this day of 2002, by and between BRADLEY J. BEHAN AND VIRGINIA DASSE-BEHAN, 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, of approximately .0712 acre, 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 August 3, 1995, and recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Deed Book 1483, page 1430, and designated on the Roanoke County Land Records as Tax Map No. 38.06-01-02 (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"). Law Office Of Kirk A. Ludwig E The Grantee agrees to restore and repair any actual damage to Grantor's Property which may be directly caused by the construction, reconstruction, or maintenance of said project except as hereinafter provided. The Grantor agrees that the Grantee will not be expected to restore the Property to the identical original condition, but rather as near thereto as is practicable, and that the Grantor will cooperate with the Grantee in effectuating such restoration. It is expressly agreed between the parties hereto that the Grantee and its agents shall have the right to inspect the easement herein granted and to cut, clear, and remove all undergrowth, obstructions, or improvements lying within, upon, or adjacent to said easement, that in any way endanger or interfere with the proper use of the same. The Grantor covenants that no building or structure shall be erected upon or within the easement herein granted or placed in such location as to render said easement inaccessible. In the event that this covenant is violated, the Grantee shall not be obligated to repair, replace, or otherwise be responsible for such improvements if damaged or removed. The Grantor acknowledges that the plans for the aforesaid project as they affect the Property have been fully explained to Grantor or Grantor's authorized representative. The fixtures, facilities, lines, utilities, and any other improvements placed upon, under, or across the Property by the Grantee shall remain the property of the Grantee. The easement 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. Law Office Of Kirk A. Ludwig 2 Law Office Of Kirk A. Ludwig 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: ;RADLE O. • , . VIRGINIA DASSE-BEHAN 3 STATE OF COUNTY/CITY O� 7t�p- to -wit: The foregoing instrument was acknowledged before me this day of I z,G 1- d vo by Bradley J. Behan. l' N tary Public;' My commission expires:-,,, STATE OF _V „AN`, n�e� COUNTY/CITY dFto-wit: The foregoing instrument was acknowledged before me this Sl(k day of , ,JCLQ by Vir ania Dass -Behan. Notary Public 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. My commission expires: Law Office Of Kirk A. Ludwig 0 Notary Public i METES AND BOUNDS DESCRIPTION SHOWN ON THIS PLAT REPRESENT A COMPOSITE OF OF DEEDS, PLATS, AND CALCULATED INFORMATION AND DO NOT REFLECT -;I- AN ACCURATE BOUNDARY SURVEY. d-) _ ........... .......... S84'13'21"E_ Dent Roact 84"13'21 "E 25.01' _ i /[. V,C3 0 121.99' 8 1 S87'34'24"E - .. ............- � I a85.55' 4z1 o CO �! d d j M W r r CL W W z I 0:a p o N� W W ilmoF- v Q I ! fl X a n - ItD �. # 416 Cc rte, m�� 1 # 360 348 ! 1 100 YEAR Ln TRACT A FLOOD PLAIN N y f 0.582 Ac. I r x .�. SCOT T. MESNER I ''.' o i✓i'�rt r•f TAX No. 38.06-01-01 D.B. 1365 PG. 1581�- __ PT. TRACT B O TRACT C 1.060 Ac. S82'42'30"W� ° r�%'%f 0616 AcLINDA J. BALENTINE 81.45' .. or BRADLEY J BEHAN TAX No. 38.06-01-03 D.B. 1620 PG. 1819 & k7RaN/A DASSE BEHAN "'I' TAX No. 38.06-01-02 D.B. 1483 PG. 1430 R N,S ° NEW DRAINAGE © — „` EASEMENT 0.0712 Ac TAX MAP NO. TAX# ,38.06-01-02 SCALE. I" = 40' PLA T SHOWING DED/CA TION OF A 15' DRAINAGE EASEMENT TO COUNTY OF ROA NOKE BY BRADLEY J. BEHAN do WRG/N/A DASSE BEHAN PREPARED BY. ROANOKE COUNTY ENGINEERING DEPARTMENT DATE: 6/21/2002 1 LINE TABLE 1-2 S01'39'00"E 138.46' 2-3 S28'12'54"E 16.77' 3-4 N01'39'00"W 65.03' 4-5 S50'03'04"E 57.55- 5-61 S68'13'50"W 17.03' 6-7 N50'03'04"W 56.45' 7-8 N01'39'00"W 226.44' 8-1 S84'13'21"E 1 7.57' I" = 40' PLA T SHOWING DED/CA TION OF A 15' DRAINAGE EASEMENT TO COUNTY OF ROA NOKE BY BRADLEY J. BEHAN do WRG/N/A DASSE BEHAN PREPARED BY. ROANOKE COUNTY ENGINEERING DEPARTMENT DATE: 6/21/2002 1 ACTION NO. A -O82702-8 . g ITEM NUMBER: AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA AT THE ROANOKE COUNTY ADMINISTRATIVE CENTER MEETING DATE: August 27, 2002 AGENDA ITEM: Request to accept a grant from the Department of Criminal Justice Services in the amount of $26,857 to fund a portion of the salary cost of the Cave Spring Middle School Resource Officer from July 1, 2002 — June 30, 2003 COUNTY ADMINISTRATOR'S COMMENTS: BACKGROUND: The Roanoke County Police Department has received grant funding for school resource officers for four of the five middle schools. (Glenvar Middle School is served by the Glenvar High School resource officer). Grant funds have been received for the past two years. This grant will provide funding for the Cave Spring Middle School resource officer from July 1, 2002, until June 30, 2003. This will be the third year of the four year grant. SUMMARY OF INFORMATION: The Police Department will continue to provide a school resource officer for Cave Spring Middle School. The Department of Criminal Justice Services will provide grant funds to cover a portion of the school resource officer's salary. FISCAL IMPACT: The Department of Criminal Justice Services has provided $26,857 in grant funds. A match of $19,266 will be required from Roanoke County. The grant funds will be used to pay the salary of the school resource officer assigned to Cave Spring Middle School. STAFF RECOMMENDATION: The staff recommends acceptance of the Department of Criminal Justice Services Grant for $26,857. SUBMITTED BY: APPROVED: J. Ray Lavinder Elmer C. Hodge Chief of Police County Administrator ACTION VOTE No Yes Abs Approved (x) Motion by: Harry C. Nickens to Church _ x Denied () approve Flora _ x _ Received () McNamara_ x _ Referred () Minnix _ x _ To () Nickens _ x _ cc: File J. Ray Lavinder, Chief of Police Dania] Morris, Director, Finance ACTION NO. A-082702-8. h ITEM NUMBER:_. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA AT THE ROANOKE COUNTY ADMINISTRATIVE CENTER MEETING DATE: August 27, 2002 AGENDA ITEM: Request to accept a grant from the Department of Criminal Justice Services in the amount of $5,025 to be used by the Roanoke Valley Triad for crime prevention programs from July 1, 2002 — June 30, 2003 COUNTY ADMINISTRATOR'S COMMENTS: BACKGROUND: The Roanoke Valley Triad was formed in 1995. The members of the Roanoke Valley Triad are the Roanoke County Police Department, the Roanoke County Sheriff's Office, Town of Vinton Police Department, City of Salem Police Department, the City of Salem Sheriff's Office, the City of Roanoke Police Department, the City of Roanoke Sheriff's Office, and the Roanoke Valley AARP Chapter. The Roanoke Valley Triad hosts luncheons for senior citizens throughout the year. The purpose of these luncheons is to allow senior citizens to voice their crime prevention concerns to law enforcement officials and to allow the law enforcement officials to address those concerns. This is the second year that the Roanoke County Police Department has been awarded this grant on behalf of the Roanoke Valley Triad. SUMMARY OF INFORMATION: The Roanoke County Police Department is active in senior crime prevention efforts with the above listed partner law enforcement agencies. The Triad crime prevention grant allows the participating law enforcement agencies to provide crime prevention programs tailored specifically to the needs of senior citizens. FISCAL IMPACT: The Department of Criminal Justice Services has provided $5,025 in grant funds to use for Triad Crime Prevention Programs. The grant requires a match of $1,675 in funds from Roanoke County. STAFF RECOMMENDATION: The staff recommends acceptance of the Department of Criminal Justice Services grant in the amount of $5,025. SUBMITTED BY: J. Ray Lavinder Chief of Police APPROVED: Elmer C. Hodge County Administrator ACTION VOTE No Yes Abs Approved (x) Motion by: Harry C. Nickens to Church _ x _ Denied () approve Flora _ x _ Received () McNamara_ x Referred () Minnix _ x _ To () Nickens _ x cc: File J. Ray Lavinder, Chief of Police Danial Morris, Director, Finance ACTION NO. A -082702-8.i ITEM NUMBER: AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA AT THE ROANOKE COUNTY ADMINISTRATIVE CENTER MEETING DATE: August 27, 2002 AGENDA ITEM: Request to accept a grant from the Department of Criminal Justice Services in the amount of $26,857 to fund a portion of the salary cost of the William Byrd Middle School Resource Officer from July 1, 2002 — June 30, 2003 COUNTY ADMINISTRATOR'S COMMENTS: BACKGROUND: The Roanoke County Police Department has received grant funding for school resource officers for four of the five middle schools. (Glenvar Middle School is served by the Glenvar High School Resource Officer). Grant funds have been received for the past two years. This grant will provide funding for the William Byrd Middle School resource officer from July 1, 2002 until June 30, 2003. This will be the third year of the four year grant. SUMMARY OF INFORMATION: The Police Department will continue to provide a school resource officer for William Byrd Middle School. The Department of Criminal Justice Services will provide grant funds to cover a portion of the school resource officer's salary. FISCAL IMPACT: The Department of Criminal Justice Services had provided $26,857 in grant funds. A match of $19,266 will be required from Roanoke County. The grant funds will be used to pay the salary of the school resource officer assigned to William Byrd Middle School. STAFF RECOMMENDATION: The staff recommends acceptance of the Department of Criminal Justice Services Grant for $26,857. SUBMITTED BY: J. Ray Lavinder Chief of Police Approved (x) Denied ( ) Received ( ) Referred ( ) To ( ) APPROVED: Elmer C. Hodge County Administrator ACTION Motion by: Harry C. Nickens to approve cc: File J. Ray Lavinder, Chief of Police Danial Morris, Director, Finance VOTE No Yes Abs Church _ x _ Flora _ x _ McNamara_ x _ Minnix _ x _ Nickens x ACTION NO. A_082702 -8'j ITEM NUMBER: — AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA AT THE ROANOKE COUNTY ADMINISTRATIVE CENTER MEETING DATE: August 27, 2002 AGENDA ITEM: Request to accept a grant from the Department of Criminal Justice Services in the amount of $26,857 to fund a portion of the salary cost of the Northside Middle School Resource Officer from July 1, 2002 — June 30, 2003 COUNTY ADMINISTRATOR'S COMMENTS: BACKGROUND: The Roanoke County Police Department has received grant funding for school resource officers for four of the five middle schools. (Glenvar Middle School is served by the Glenvar High school resource officer). Grant funds have been received for the past two years. This grant will provide funding for the Northside Middle School resource officer from July 1, 2002 until June 30, 2003. This will be the third year of the four year grant. SUMMARY OF INFORMATION: The Police Department will continue to provide a school resource officer for Northside Middle School. The Department of Criminal Justice Services will provide grant funds to cover a portion of the school resource officer's salary. FISCAL IMPACT: The Department of Criminal Justice Services has provided $25,091 in grant funds. A match of $19,266 will be required from Roanoke County. The grant funds will be used to pay the salary of the school resource officer assigned to Northside Middle School. STAFF RECOMMENDATION: The staff recommends acceptance of the Department of Criminal Justice Services Grant for $26,857. SUBMITTED BY: J. Ray Lavinder Chief of Police APPROVED: Elmer C. Hodge County Administrator ACTION VOTE No Yes Abs Approved (x) Motion by: Harry C. Nickens to Church _ x _ Denied () approve Flora _ x Received () McNamara_ x Referred () Minnix _ x To () Nickens _ x cc: File J. Ray Lavinder, Chief of Police Danial Morris, Director, Finance ACTION NO. A -082702-8.k ITEM NUMBER:' -- AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA AT THE ROANOKE COUNTY ADMINISTRATIVE CENTER MEETING DATE: August 27, 2002 AGENDA ITEM: Request to accept a grant from the Department of Criminal Justice Services in the amount of $25,091 to fund a portion of the salary cost of the Hidden Valley Middle School Resource Officer from July 1, 2002 — June 30, 2003 COUNTY ADMINISTRATOR'S COMMENTS: BACKGROUND: The Roanoke County Police Department has received grant funding for school resource officers for four of the five middle schools. (Glenvar Middle School is served by the Glenvar High School resource officer). Grand funds have been received for the past two years. This grant will provide funding for the Hidden Valley Middle School resource officer from July 1, 2002 until June 30, 2003. This will be the third year of the four year grant. SUMMARY OF INFORMATION: The Police Department will provide a school resource officer for Hidden Valley Middle School. The Department of Criminal Justice Services will provide grant funds to cover a portion of the school resource officer's salary. FISCAL IMPACT: The Department of Criminal Justice Services has provided $25,091 in grant funds. A match of $17,998 will be required from Roanoke County. The grant funds will to pay the salary of the School. school resource officer assigned to Hidden Valley be used Middle STAFF RECOMMENDATION: The staff recommends acceptance of the Department of Criminal Justice Services grant for $25,091. SUBMITTED BY: APPROVED: J. Ray Lavinder Elmer C. Hodge Chief of Police County Administrator ACTION VOTE No Yes Abs Approved (x) Motion by: Harry C. Nickens to Church _ x _ Denied () approve Flora _ x Received () McNamara_ x _ Referred () Minnix _ x To () Nickens _ x _ cc: File J. Ray Lavinder, Chief of Police Danial Morris, Director, Finance ACTION NO. A-082702-8.1 ITEM NUMBER: '�-_ I AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA AT THE ROANOKE COUNTY ADMINISTRATIVE CENTER MEETING DATE: August 27, 2002 AGENDA ITEM: Request to accept a grant from the Department of Criminal Justice Services in the amount of $32,431 to fund a portion of the salary cost of the Hidden Valley High School Resource Officer from July 1, 2002 — June 30, 2003 COUNTY ADMINISTRATOR'S COMMENTS: BACKGROUND: The Roanoke County Police Department has provided a school resource officer for each of the four high schools in the Roanoke Valley. In August 2002, Hidden Valley High School will open as a fifth Roanoke County High School. This grant will help fund the school resource officer who will be assigned to the new high school. The school resource officer positions at the four other County high schools are not funded with grants. Four of the five middle schools currently have school resource officers that are funded with grants that are in the third year of four years of grant funding. SUMMARY OF INFORMATION: The Police Department will provide an officer for the new Hidden Valley High School. FISCAL IMPACT: The Department of Criminal Justice Services has provided $32,431 in grant funds. A match of $10,810 will be required from Roanoke County. The grant funds will be used to pay the salary of the school resource officer assigned to Hidden Valley High School. STAFF RECOMMENDATION: The staff recommends acceptance of the Department of Criminal Justice Services Grant for $32,431. SUBMITTED BY: APPROVED: J. Ray Lavinder Elmer C. Hodge Chief of Police County Administrator ACTION VOTE No Yes Abs Approved (x) Motion by: Harry C. Nickens to Church _ x Denied () approve Flora _ x _ Received () McNamara_ x Referred () Minnix _ x _ To () Nickens _ x cc: File J. Ray Lavinder, Chief of Police Danial Morris, Director, Finance AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, AUGUST 27, 2002 RESOLUTION 082702-9 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 Flora, McNamara, Minnix, Nickens, Church NAYS: None A COPY TESTE: INA ), ( .k1"AAJLX..6 � dJA4.6) Diane S. Childers Clerk to the Board of Supervisors cc: File Closed Meeting File AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, AUGUST 27, 2002 RESOLUTION 082702-10 OF CONGRATULATIONS TO THE CAVE SPRING AMERICAN LITTLE LEAGUE ALL STARS FOR WINNING THE 9 AND 10 YEAR OLD VIRGINIA STATE LITTLE LEAGUE CHAMPIONSHIP WHEREAS, team sports play an important part in every child's life, teaching cooperation, sportsmanship and athletic skill; and WHEREAS, the 9 and 10 year old Cave Spring American Little League All Stars won the District 12 Championship, winning five games playing teams from Pembroke, Covington, Clifton Forge, Bath County and Roanoke County's Cave Spring National; and WHEREAS, the Cave Spring American Little League All Stars advanced to the State Little League Tournament in Pound, Virginia, the week of July 19 through 26, 2002, where they won four games playing teams from Warwick, Bristol, Chantilly, and Tuckahoe; and WHEREAS, the Cave Spring American Little League All Stars came into the State Championship game in the winner's bracket, but lost the first game of the double elimination tournament in the eighth inning with a score of 7 to 4, and on the next day won the Championship game against Tuckahoe in seven innings with a score of 2 to 1; and WHEREAS, the Cave Spring American Little League All Stars were coached by Darryl Martin, Mark Walsh, and Assistant Coach Ray Martin, with Bill Ferguson serving as the team manager and Jean Martin as the League President. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, does hereby extend its sincere congratulations to the members of the CAVE SPRING AMERICAN LITTLE LEAGUE ALL STARS, Logan Blankenbeckler, Tyler Burgess, Sean Kidd, Alex Liechty, Taylor Martin, David Stanley, Ian Trampe, Will Wagstaff, 1 Parker Walsh and David Williams for their athletic ability, their team spirit, and their commitment to each other; and BE IT FURTHER RESOLVED, that the Board of Supervisors extends its best wishes to the members of the team, the coaches and manager in all of their future endeavors. On motion of Supervisor Church to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Flora, McNamara, Minnix, Nickens, Church NAYS: None A COPY TESTE: 1Iiz X11 " ,L,) Diane S. Childers Clerk to the Board of Supervisors cc: File Resolutions of Congratulations File 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, AUGUST 27, 2002 ORDINANCE 082702-11 TO CHANGE THE ZONING CLASSIFICATION OF 3.9 ACRES FROM C -2C, GENERAL COMMERCIAL DISTRICT WITH CONDITIONS TO C -2C, GENERAL COMMERCIAL DISTRICT WITH AMENDED CONDITIONS AND TO REZONE 2.620 ACRES FROM C-1, OFFICE DISTRICT TO C -2C, GENERAL COMMERCIAL DISTRICT WITH CONDITIONS TO CONSTRUCT A HOTEL AND RESTAURANT, LOCATED ON NORTH ELECTRIC ROAD (PART OF TAX MAP NO. 36.19-1-40 AND 36.19-1-38) IN THE CATAWBA MAGISTERIAL DISTRICT UPON THE APPLICATION OF 419 PROPERTIES, LLC WHEREAS, the first reading of this ordinance was held on July 23, 2002, and the second reading and public hearing were held August 27, 2002; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on August 6, 2002; and WHEREAS, legal notice and advertisement has been provided as required by law. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the zoning classification of a certain tract of real estate containing 3.9 acres, as described herein, and located on North Electric Road (Part of Tax Map #36.19-1- 40 ) in the Catawba Magisterial District, is hereby changed from the zoning classification of C -2C, General Commercial District with conditions, to the zoning classification of C -2C, General Commercial District with AMENDED conditions. That the conditions imposed by Ordinance 081898-10 adopted on August 18, 1998, are hereby removed as follows: 1 DGRald ► eR Ghel, wed -Alfie 5,1—, 998. and 36.19 1 37 shall be Type D, QptlE)R 1, buffeF yaFd with a 6 foot 9 ase. :a:_-..._::...:...-.�::..,:.�..:._.e..'- 2. That the zoning classification of a certain tract of real estate containing 2.620 acres, as described herein, and located on North Electric Road (Tax Map #36.19-1-38 ) in the Catawba Magisterial District, is hereby changed from the zoning classification of C-1, Office District, to the zoning classification of C -2C, General Commercial District with conditions; and 3. That this action is taken upon the application of 419 Properties, LLC. 4. That the owner of the property has voluntarily proffered in writing the following conditions which the Board of Supervisors of Roanoke County, Virginia, hereby accepts: (1) The site plan shall generally conform to the Master Site Development Plan for the Country Inn & Suites and Family Restaurant Plan presented on August 6, 2002. (2) No access to either the development or to Route 419 shall be made from either Embassy Drive or Governor Drive and only one access shall be allowed from Route 419 to serve both parcels. (3) Wherever possible, existing vegetation shall be preserved and incorporated into the buffering requirements. Screening and buffering in that area of the development adjoining Tax Map Nos. 36.19-1-36, 36.19-1-37 and 36.19-2-30 shall be Type C, Option 2 (30' Buffer, One 3 large tree for every 30', 6' screening, and 6 shrubs for every 10'). All screening and buffering must be evergreen. (4) Building height shall be a maximum of 45 feet. (5) All parking lot lighting shall be down lit and consists of High Pressure Sodium (HPS) lighting. The poles including fixtures for the parking lot lighting shall not exceed 25 feet above grade. (6) Signage shall follow the Roanoke County Sign Regulations with the exception of Square Footage per Linear Foot of Frontage. Instead of the allowable 1.5 sq. ft. of signage per linear foot of frontage, the applicant shall design for 1.0 sq. ft. of signage per linear foot of frontage and lighting for freestanding signs shall be with in -ground units or back lit. (7) No off -premises advertising signs shall be constructed on the property. (8) Screening and buffering in that area around where camper and recreational vehicle parking occurs shall be Type C, Option 2 (30' Buffer, One large tree for every 30'. 6' screening, and 6 shrubs for every 10') 5. That said real estate is more fully described as follows: BEGINNING at a point on the easterly right-of-way of VA Route 419; said point being at the southwesterly corner of the property of Pinkerton Properties (Tax Map #39.19-1-41); thence N. 69 deg. 42' 12" E. 296.00+/ - feet to a point; thence S. 10 deg. 37' 15" E. 469.00+/- feet to a point; thence S. 26 deg. 38' 57" E. 311.63 feet to a point; thence S. 42 deg. 52' 18" W. 479.87 feet to the easterly right-of-way of VA Route 419; thence proceeding with the northerly right-of-way 103.18 feet of Route 419 and with a curved line to the left having a chord bearing of N. 5 deg. 18'02" W. 2,944.79 feet to the point and place of beginning and containing 3.830 acres for Parcel A (p/o Tax Map #36.19-1-40) and 2.620 acres for Parcel B (Tax Map #36.19-1-38) 4 for a total of 6.450 acres. 6. 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 addition of Condition #8 to provide additional buffering, and carried by the following recorded vote: AYES: Supervisors Flora, McNamara, Minnix, Nickens, Church NAYS: None A COPY TESTE: Ljaj\ 1— Diane S. Childers Clerk to the Board of Supervisors cc: File Arnold Covey, Director, Community Development Janet Scheid, Chief Planner William E. Driver, Director, Real Estate Valuation Paul M. Mahoney, County Attorney 5 ev sass 8 g,��63 Emeas59 9t 2Y41 29J1.5 2929 —1.4 1.2 1.3 6. 2979 5571 7. 5575 6. ao — 5681 .a 2807 24. 3, 27JO 4272a ✓ 5— ROANOKE COUNTY Applicants Name: 0. M. Enterprises LLC / DEPARTMENT OF Zoning: Rezoning C-2 wingate Inn COMMUNITY DEVELOPMENT Proposed Zoning: C-2- Amend conditions Tax Map No. Portion of 36.19-1-38 & 40 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, AUGUST 27, 2002 ORDINANCE 082702-12 TO CHANGE THE ZONING CLASSIFICATION OF .64 ACRE FROM C-1, OFFICE DISTRICT TO C -2C, GENERAL COMMERCIAL DISTRICT WITH CONDITIONS AND TO OBTAIN A SPECIAL USE PERMIT TO OPERATE A CAR WASH LOCATED ON 3504 ELECTRIC ROAD (TAX MAP NO. 77.18-5-1.1) IN THE CAVE SPRING MAGISTERIAL DISTRICT UPON THE APPLICATION OF JAMES DEAN CONSULTANTS, LLC WHEREAS, the first reading of this ordinance was held on July 23, 2002, and the second reading and public hearing were held August 27, 2002; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on August 6, 2002; and WHEREAS, legal notice and advertisement has been provided as required by law. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the zoning classification of a certain tract of real estate containing .64 acres, as described herein, and located at 3504 Electric Road (Tax Map Number 77.18-5- 1.1) in the Cave Spring Magisterial District, is hereby changed from the zoning classification of C-1, Office District, to the zoning classification of C -2C, General Commercial District with conditions. LLC. 2. That this action is taken upon the application of James Dean Consultants, 3. That the owner of the property has voluntarily proffered in writing the following conditions which the Board of Supervisors of Roanoke County, Virginia, hereby accepts: 1 (1) The subject property will be developed in accordance with the concept plan prepared by Balzer & Associates, Inc. dated June 19, 2002; and (2) The subject property will be used solely for a car wash facility. 4. That the Board finds that the granting of a special use permit to James Dean Consultants, LLC to operate a car wash to be located at 3504 Electric Road (Tax Map No. 77.18-5-1.1) in the Cave Spring 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) No food or drink vending machines shall be placed on the property. (2) Vacuum equipment shall be placed inside enclosures around 75% of the vacuum. (3) Building architecture shall be in accordance with renderings. by Balzer & Associates dated August 6, 2002. (4) No off -premises signage shall be allowed. (5) Allowable signage shall be limited to a maximum of 130 square feet exclusive of directional and information signs. (6) A recovery system for 75% of water used shall be in effect at all times. (7) Exterior lighting standards or placements shall be downlit and shall not exceed 15 feet in height. (8) The car wash shall be closed from the hours of 10 pm until 7 am the following day, everyday. (9) Daily limited supervision shall be in place. it (10) Engine repair work shall not be permitted on premises. (11) Dumpster shall be enclosed. (12) Install "no loitering" signs on property. 5. That said real estate is more fully described as follows: BEGINNING at a point on the northeasterly side of VA Route 419 at Corner 8, which is the common corner to Parcels I and II of the Blanton property as shown on a plat by Buford T. Lumsden & Associates, dated July 8, 1981; thence with Route 419, N. 45 deg. 23' 53" W. 175.35 feet to Corner 16A; thence N. 02 deg. 05'53" W. 20.77 feet to Corner 16; thence with a curve to the left whose radius is 5374.00 feet and whose chord bears N. 58 deg. 45' 07" E. 111.77 feet, an arc distance of 111.77 feet to Corner 15; thence N. 58 deg. 09'22" E. 64.22 feet to Corner 14; thence with a curve to the right whose radius is 12.00 feet and whose chord bears S. 58 deg. 35' 15" E. 5.81 feet, an arc distance of 5.87 feet to Corner 13; thence S. 44 deg. 34'24" E. 68.64 feet to Corner 12; thence with a curve to the left whose radius is 125.37 feet and whose chord bears S. 48 deg. 40'00" E. 37.06 feet, an arc distance of 37.20 feet to Corner 11; thence S. 57 deg. 10'00" E. 7.45 feet to Corner 10; thence with a curve to the right whose radius is 9.50 feet and whose chord bears S. 09 deg. 08' 30" E. 14.13 feet, an arc distance of 15.93 feet to Corner 9; thence S. 38 deg. 53' 00" W. 181.55 feet to the place of beginning and containing 0.686 acres, according to a plat of survey made by Buford T. Lumsden & Associates, dated July 8, 1981, showing property conveyed to H & B Associates, a general partnership by Harry M. Blanton, et al. 6. 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 Minnix to adopt the ordinance with Conditions #9, #10, #11, and #12 added, and carried by the following recorded vote: AYES: Supervisors Flora, McNamara, Minnix, Nickens, Church NAYS: None 3 A COPY TESTAE: &AI-Qj l (_lll+r uLQ Diane S. Childers Clerk to the Board of Supervisors cc: File Arnold Covey, Director, Community Development Janet Scheid, Chief Planner William E. Driver, Director, Real Estate Valuation Paul M. Mahoney, County Attorney I`: ROANOKE COUNTY Applicants Name: James Dean Consultants, L.L.C. DEPARTMENT OF Zoning: Existing C-1. Proposed C-2 & SUP COMMUNITY DEVELOPMENT Tax Map No. 77.18-5-1.1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, AUGUST 27, 2002 ORDINANCE 082702-13 TO CHANGE THE ZONING CLASSIFICATION OF 2.66 ACRES FROM CAC, OFFICE DISTRICT WITH CONDITIONS TO C-1 C, OFFICE DISTRICT WITH AMENDED CONDITIONS, LOCATED ON THE NORTHWEST CORNER OF WASHINGTON AVENUE AND SPRING GROVE DRIVE INTERSECTION, (TAX MAP NO. 61.02-1-59) IN THE VINTON MAGISTERIAL DISTRICT UPON THE APPLICATION OF R. W. AND JOAN C. BOWERS WHEREAS, the first reading of this ordinance was held on July 23, 2002, and the second reading and public hearing were held August 27, 2002; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on August 6, 2002; and WHEREAS, legal notice and advertisement has been provided as required by law. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the zoning classification of a certain tract of real estate containing 2.66 acres, as described herein, and located on the northwest corner of Washington Avenue and Spring Grove Drive intersection (Tax Map #61.02-1-59 ) in the Vinton Magisterial District, is hereby changed from the zoning classification of C-1 C, Office District with conditions, to the zoning classification of C-1 C, Office District with AMENDED conditions. That the conditions imposed by Final Order of the Board of Supervisors of Roanoke County in 1985 are hereby removed as follows: 2. That this action is taken upon the application of R. W. and Joan C. Bowers. 3. That the owners of the property has voluntarily proffered in writing the following condition which the Board of Supervisors of Roanoke County, Virginia, hereby accepts: (1) The site plan shall be developed in substantial conformity with the preliminary plan dated August 5, 2002, prepared by Lumsden & Associates, P.C. 4. That said real estate is more fully described as follows: BEGINNING at Corner #1, said corner located on the northerly right-of-way of VA Route 24, said point also located on the easterly property line of Tract "A", New Testament Baptist Church and an existing 30 foot right-of- way; thence leaving VA Route 24 and with said 30' right-of-way and New Testament Baptist Church, N. 9 deg. 56' 34" W. 252.04 feet to Corner #2, said corner located on the southerly boundary of Tract "A" of New Testament Baptist Church; thence leaving said 30' right-of-way and with New Testament Baptist Church for the following 5 courses: N. 66 deg. 07' 37" E. 251.21 feet to Corner #3; thence N. 34 deg. 45' 38" E. 22.34 feet to Corner #4; thence 70 deg. 31' 00" E. 58.44 feet to Corner #5; thence S. 83 deg. 48' 44" E. 25.23 feet to Corner #6, said corner located on the westerly right-of-way of Spring Grove Drive; thence leaving New Testament Baptist Church and with Spring Grove Drive for the following 2 courses, S. 39 deg. 47' 38" E. 252.74 feet to Corner #7; thence with a curve to the right, which said curve is defined by a delta angle of 101 deg. 01' 01", a radius of 25.00 feet, an arc of 44.08 feet, a chord of 38.59 feet and bearing S. 10 deg. 42' 52" W. to Corner #8, said corner located on the northerly right-of-way of VA Route 24; thence leaving Spring Grove Drive and with VA Route 24 for the following two courses: thence with a curve to the right, which said curve is defined by a delta angle of 14 deg. 38'41", a radisu of 1335.40 feet, an arc of 341.33 feet, a chord of 340.40 feet and bearing S. 68 deg. 40' 39" W. to Corner #9; thence S. 75 deg. 56' 55" ? 120.19 feet to Corner #1, the place of beginning, and containing 2.66 acres, being Roanoke County Tax Parcel 61.02-1-59. 5. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed to amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. On motion of Supervisor Nickens to adopt the ordinance based on the site plan dated 08/27/02, and with the understanding that petitioner will work with county staff regarding parking issues, and carried by the following recorded vote: AYES: Supervisors Flora, McNamara, Minnix, Nickens, Church NAYS: None A COPY TESTE: LU-2� Diane S. Childers Clerk to the Board of Supervisors cc: File Arnold Covey, Director, Community Development Janet Scheid, Chief Planner William E. Driver, Director, Real Estate Valuation Paul M. Mahoney, County Attorney ROANOKE COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT Applicants Name: R. IF. Joan C. Bowers Zoning: Existing C-1 with, ConditiorLs Proposed C- f (Amended Conditions) Tax Map No. 61.02-1-59 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, AUGUST 27, 2002 DENIAL OF ORDINANCE 082702-14 GRANTING A SPECIAL USE PERMIT TO WILLIAM E. LEE TO OPERATE A SURPLUS SALES BUSINESS ON 1.47 ACRES LOCATED AT 3716 GARMAN ROAD (TAX MAP NO. 55.03-2-7), CATAWBA MAGISTERIAL DISTRICT WHEREAS, William E. Lee has filed a petition for a special use permit to operate a surplus sales business located at 3716 Garman Road (Tax Map No. 55.03-2-7) in the Catawba Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this matter on July 2, 2002; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first reading on this matter on June 25, 2002, 2002; the second reading and public hearing on this matter was held on July 23, 2002, and continued to August 27, 2002; and NOW, THEREFORE BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: On motion of Supervisor Church to DENY adoption of the ordinance, and carried by the following recorded vote: AYES: Supervisors Flora, McNamara, Minnix, Nickens, Church NAYS: None A COPYTESQQTE: kl��I U&D) Diane S. Childers Clerk to the Board of Supervisors cc: File Arnold Covey, Director, Community Development Janet Scheid, Chief Planner William E. Driver, Director, Real Estate Valuation Paul M. Mahoney, County Attorney KROGER WAREHOUSE J69J VALLEY LOGISTICS SERVICES RDANOKE COUNTY Applicants name: William E. Lee DEPARTMENT OF Application: SUP Proposed Zoning I-2 COMMUNITY DEVELOPMENT Tax Map No. 55.03-2-7 5.9z 5.2C 3. 25.15 Ac AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, AUGUST 27, 2002 ORDINANCE 082702-15 TO ENACT CHAPTER 25 - TECHNOLOGY ZONE OF THE ROANOKE COUNTY CODE TO PROVIDE FOR SPECIFIC INCENTIVES AND BUSINESS, PROFESSIONAL AND OCCUPATIONAL LICENSE TAX EXEMPTIONS WITHIN DESIGNATED TECHNOLOGY ZONES WHEREAS, pursuant to the authority of §58.1-3850 of the Code of Virginia (1950, as amended), the County of Roanoke, Virginia, is authorized to establish, by ordinance, one or more technology zones; and, WHEREAS, the Board of Supervisors of Roanoke County, Virginia, finds that technology zones would be the appropriate method of offering economic development incentives to improve the economic welfare of the County and its citizens; and, WHEREAS, legal notice and advertisement has been published in a newspaper of general circulation within Roanoke County on August 13, 2002, and August 20, 2002; and, WHEREAS, the first reading of this ordinance was held on August 13, 2002, and the second reading and public hearing was held on August 27, 2002. NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That Chapter 25 - TECHNOLOGY ZONES of the Roanoke County Code be enacted as follows: Chapter 25. TECHNOLOGY ZONES ARTICLE I. GENERAL PROVISIONS §. 25-1. Purpose and Intent. The County finds that the creation of technology zones, with incentives for economic growth, as authorized by §58.1-3850 of the Code of Virginia, will foster the development, maintenance and expansion of commercial and industrial businesses engaged in technological research, design, manufacturing and rendering to the benefit of the public health, safety, welfare and convenience through the enhancement of public revenues and the creation of employment opportunities. §. 25-2. Zone Administrator. The County Administrator or his designee shall serve as the Technology Zone Administrator, and shall determine and publish the procedures for obtaining the benefits created by this chapter and for the administration of this chapter. §.25-3. Definitions. For purposes of this chapter, the following words and phrases shall have the following meanings, unless clearly indicated to the contrary: (a) Existing Business. A business that was actively engaged in the conduct of a trade or business in the County of Roanoke prior to an area being designated as a technology zone. (b) New Business. A business not previously conducted in the County of Roanoke and that begins operation in a technology zone after the technology zone was designated. (c) Qualified Technology Business. A company that derives its gross receipts from research, development, manufacture or rendering of advanced technological products or services, having a minimum total capital investment of $100,000 within a technology zone and having an average wage scale for employees within the technology zone equal to one and one-half (1'/2) times the then existing median wage rate for the Roanoke region. The investment may be established by the value of real estate owned (land and improvements) or the value of a lease of real property, machinery, tools, motor vehicles, and other business equipment, for the operation of a technology business. The company must meet the requirements set forth in Article 11 of this chapter. §. 25-4. Establishment of Zones. The technology zones shall be those areas identified as follows: (a) The Roanoke County Center for Research and Technology, owned by the Board of Supervisors of Roanoke County and identified upon the Roanoke County Land Records as Tax Map No. 54.00-1-2, No. 64.01-5-1, No. 64.01-5-2, and 64.01-3-1 as shown on Exhibit A attached hereto. (b) The Vinton Business Center, owned by the Town of Vinton, and identified upon the Roanoke County Land Records a Tax Map No. 71.11-1-1, as shown on Exhibit B attached hereto. §.25-5. Exclusion. The provisions of this chapter shall not be applicable to any business entitled to incentives negotiated or awarded pursuant to an existing performance agreement upon the establishment of the technology zone. §.25-6. Nonwaiver. This chapter shall not be construed to affect or waive any other existing requirements, including but not limited to zoning regulations or any application, permit, or approval from the county mandated by other sections of this Code. Except as specifically provided herein, nothing in this chapter shall be construed as waiving the right of the county to enforce its ordinances, regulations or policies or to collect any taxes, fees, fines, penalties or interest imposed by other sections of this Code. ARTICLE II. ADMINISTRATION §.25-7. Certification. A business seeking to obtain the benefits provided in this chapter must file all necessary applications to the Technology Zone Administrator for certification as a qualified technology business prior to commencement of the business in the technology zone. The Administrator shall investigate and verify that each applicant is a qualified technology business and is in compliance with the eligibility requirements for the technology zone as set forth in Section 25-8. Upon certification by the Administrator, the qualified technology business: (i) may be awarded all or a portion of the benefits set forth in Article I II of this chapter, for a period not to exceed ten (10) years, subject to execution of a performance agreement with the Board of Supervisors of Roanoke County, Virginia, which shall contain the specific terms and conditions of the technology zone benefits and which shall be approved by the Board; and (ii) shall be entitled to the tax exemptions set forth in Article IV of this chapter, subject to the compliance requirements set forth in Section 25-9. §. 25-8. Eligibility Requirements. (a) The proposed business use must be consistent and in compliance with the Planned Technology Development District (PTD) zoning and the Restrictive Covenants and Conditions, including all design standards and restrictions, established for the technology zone. 3 (b) All new businesses meeting the qualifications may apply for certification and the benefits provided for in this chapter. Existing businesses meeting the qualifications may apply for certification and benefits to the extent of new or additional investment due to expansion. (c) A business which is simply a technology user shall not be considered as qualified technology business. In no case will the use of computers or telecommunication services by a business in its administrative operations qualify the business as a technology business. (d) A technology business must be, at the time of application, current in all local, state and federal taxes and appropriate user fees, to which the business shall certify to the Administrator upon application and annually thereafter. §. 25-9. Compliance. (a) The qualified technology business shall file annual reports with the Administrator, setting forth sufficient relevant information for the Administrator to verify that the business remains in compliance with all requirements under this chapter. (b) The qualified technology business must remain current in payment of all taxes imposed by and due to the County; failure of the business to pay all taxes in full by the due date shall result in forfeiture of the incentives in Article III and loss of the tax exemption in Article IV for such period as the business remains delinquent. (c) All qualified technology businesses will be expected to execute a performance agreement which shall stipulate the requirements for the business to maintain its operations within the County and the penalties for non-compliance. (d) The County reserves the right to withhold technology zone incentives or to withdraw qualified technology business certification for any business that is not in compliance with any County ordinance, regulation, performance agreement or other legal requirement, including but not limited to any minimum employment or investment levels provided for in the performance agreement. ARTICLE III. ZONE BENEFITS AND INCENTIVES §. 25-10. Zone Incentives. Technology Zone incentives may be offered as a one-time up front contribution towards the development costs associated with a project, or may be provided as a reimbursement or rebate, depending upon the nature and scope of the development. A qualified technology company may be eligible to receive one or all of the following: (a) A discount, based upon the level of employment and investment generated by the business, of up to 100% of the following: (1) Purchase price of the land ewRed by the ithin the technology zone, where applicable. (2) Cost of water connection fees. (3) Cost of sanitary sewer connection fees. (b) A discount on fees associated with new construction, including but not limited to building permit, plan review, and land disturbance fees, of up to 100% based upon and in accordance with the scope of the project. (c) A site preparation and/or infrastructure improvement grant, based upon the nature and scope of the project. (d) A one-time local job training grant for up to $500 per employee, for a qualified technology business which is ineligible for the Virginia Workforce Services training grant program; the grant is provided only for new, full-time permanent positions created within the technology zone. ARTICLE IV. TAX EXEMPTIONS §. 25-11. Taxes Eligible for Exemption. A qualified technology business shall be exempted from a percentage of the local business, professional and occupational license taxes imposed pursuant to Chapter 10 - Licenses of the Roanoke County Code. Except as specifically provided in this chapter, all other provisions of Chapter 10 of this Code shall be applicable to each qualified technology business. §. 25-12. Amount of Exemption. The amount of the tax exemption under §25-11 shall be a percentage of the tax due by the qualified technology business each year. The percentage exempted each year shall be determined by the following schedule: Year 1 ...................100% Year 2 ....................80% Year 3 ....................60% 5 Year 4 ....................40% Year 5 ....................20% Year 1 is the calendar year in which the business becomes a qualified technology business if it qualified prior to June 30 of the year. Otherwise, year 1 shall be the year following the year in which the business becomes a qualified technology business. Qualified technology businesses shall receive the tax exemption established by this article for five years. Once a business has qualified as a technology business, it shall be entitled to re -qualify for additional periods of five years or any parts thereof by reason of expansion, to the extent of the additional investment. If a business ceases to be a qualified technology business during a year in which the exemption applies, the taxes shall be prorated for the months the business was a qualified technology business. 2. That the provisions contained in this ordinance shall be effective on and from the date of its adoption. On motion of Supervisor Nickens to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Flora, McNamara, Minnix, Nickens, Church NAYS: None A COPY TESTE: LOU Diane S. Childers Clerk to the Board of Supervisors 2 5-7 Roanoke County Roanoke County Center for Department of Research and Technology Community Development Parcelid: 54.00-1-2, 64.01-5-1,2 64.01-3-1 Scale:. 1"=1000 Date: August 9, 2002 Roanoke County Department of Community Development McDonald Farm Parcelid: 71.11-1-1 Scale: 1"=600' Date: August 9, 2002 f _ dial J}'} S S to I r � I� I I{ I • r{I,y 1 kl - 'Si J. I J17 IS IE I,i { I-5f Sy1J1'. 2f1 t I1�L 1f �yLi G1} y 1T k.4 kr 1 1 7 7 1 1 d 1. IBJ r tl 7: 15i ((fX It -I tL1{ .i,l..h, !A I Ld Il 111'L X,/ 9Y 1 i Y ! I� Ci' 71 IL 1 I �I 6. 1 t�tll 71 �� '4' 1 1�•1 l I} 4 r f A • Jl F 1 � i 4 Yl I ! h '� E �y1 - r { '.4 Y A it :(t fi I 4 i171�yIS4f i 1.1 yl l� IIy �Irr }5 i11 �I J 1}} 1. h ! 4. 1. ) tl: �- 1 t' � 1 LL \ fl 1 1 F '1 17 7 {. '� 1 :1 - I 1 IT 1 . t 1 u tTet r J Y 713 ( Y I t}) 7 1 I S { 1 l - {7 I I I A FF i i-. 1 1 l' 7417 ly il, }r lyl { IT! l l i4 y U J, 1 f� 1tP Roanoke County Department of Community Development McDonald Farm Parcelid: 71.11-1-1 Scale: 1"=600' Date: August 9, 2002 cc: File Doug Chittum, Director, Economic De\elopment Circuit Court Clifford R. Weckstein, Judge Diane McQ. Strickland, 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 O. Arnold Covey, Director, Community Development Janet Scheid, Chief Planner Gary Robertson, Director, Utility Danial Morris, Director, Finance David Davis, Court Services Elaine Carver, Director, Information Technology Anne Marie Green, Director, General Services Thomas S. Haislip, Director, Parks, Recreation & Tourism William E. Driver Director, Real Estate Valuation Alfred C. Anderson, Treasurer Nancy Horn, Commissioner of Revenue 7 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, AUGUST 27, 2002 ORDINANCE 082702-16 VACATING AND CLOSING AN UNIMPROVED AND UNUSED 50' RIGHT-OF-WAY REFERRED TO AS'FUTURE STREET' LYING BETWEEN LOT 14 (TAX MAP #36.01-2-46) AND LOT 15 (TAX MAP #36.01-2-47), IN SECTION 2, LAUREL WOODS SUBDIVISION, SHOWN IN PLAT BOOK 9, PAGE 156, IN THE CATAWBA MAGISTERIAL DISTRICT WHEREAS, Petitioner Carole C. Edwards is the owner of a parcel of land adjacent to a 50' right-of-way referenced as the "Future Street", said parcel being Lot 14, of 'Map of Section 2, Laurel Woods,' recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Plat Book 9, page 156, and designated on the Roanoke County Land Records as Tax Map #36.01-2-46; and, WHEREAS, Petitioners David A. Keith and Lou Anne Keith are the owners of a parcel of land adjacent to a 50' right-of-way referenced as the "Future Street", said parcel being Lot 15, of 'Map of Section 2, Laurel Woods,' recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Plat Book 9, page 156, and designated on the Roanoke County Land Records as Tax Map #36.01-2-47; and, WHEREAS, Petitioners Barry A. McCune and Linda B. McCune are the owners of a parcel of land adjacent to a portion of a 50' right-of-way referenced as the "Future Street", said parcel being Tract 1, Survey for Laurel Woods, Inc., and designated on the Roanoke County Land Records as Tax Map #35.00-1-38; and, WHEREAS, the Petitioners have requested that the Board of Supervisors of Roanoke County, Virginia, vacate and close the "Future Street" adjacent to the above- described lots; and, WHEREAS, the "Future Street" is an unimproved and unused right-of-way, 50' in width, as shown and dedicated on the plat entitled 'Map of Section 2, Laurel Woods' recorded in the aforesaid Clerk's Office in Plat Book 9, page 156; and, WHEREAS, §15.2-2272.2 of the Code of Virginia (1950, as amended) requires that such action be accomplished by the adoption of an ordinance by the governing body; and, WHEREAS, notice has been given as required by §15.2-2204 of the Code of Virginia (1950, as amended), and the first reading of this ordinance was held on August 13, 2002; the public hearing and second reading of this ordinance was held on August 27, 2002. NOW THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That section of unimproved, unused right-of-way, designated as "Future Street", situate in the Catawba Magisterial District, measuring 50' in width and extending between Lots 14 and 15, Section 2, Laurel Woods (Tax Map Nos. #36.01-2-46 and #36.01- 2-47, respectively), from Laurel Mountain Drive to Tract 1, Survey for Laurel Woods, Inc., (Tax Map No. 35.00-1-38), being shown and dedicated on the plat entitled "Map of Section 2, Laurel Woods" recorded in the aforesaid Clerk's Office in Plat Book 9, page 156, and further shown shaded and hatched as "Future Street" on Exhibit A attached hereto and incorporated herein, be, and hereby is, vacated and closed pursuant to Section 15.2-2272 of the Code of Virginia (1950, as amended), subject to the following conditions: a. That a perpetual public utility easement, 50' in width and 50' in length, to construct, install, improve, operate, inspect, use, maintain, remove, monitor, repair or replace present or future public utility lines, pipes, courses, ditches, facilities, systems and other necessary or related structures, appurtenances 2 and improvements, together with the right of ingress and egress thereto from a public road, is hereby reserved and retained for the benefit of public utility companies. The location of said easement is shown and designated as "50' A.P.co. EASEMENT BEING RETAINED" on the map dated August 6, 2002, prepared by the Roanoke County Department of Community Development, attached hereto as Exhibit A and made a part hereof. b. That a perpetual public utility easement, 15' in width and extending between the existing 15'T. & E. E. [telephone and electrical easement] on the front of the lots along Laurel Mountain Drive, to construct, install, improve, operate, inspect, use, maintain, remove, monitor, repair or replace present or future public utility lines, pipes, courses, ditches, facilities, systems and other necessary or related structures, appurtenances and improvements, together with the right of ingress and egress thereto from a public road, is hereby reserved and retained for the benefit of public utility companies. The location of said easement is shown and designated as "NEW 15'T. & E. EASEMENT" on the map dated August 6, 2002, prepared by the Roanoke County Department of Community Development, attached hereto as Exhibit A and made a part hereof. C. That fee simple title to the subject portions of the "Future Street" shall vest as provided by law, subject to the easements reserved in subparagraph a. above and subject to the condition that the vacated areas of land shall be added and combined to the adjacent properties, in compliance with the Roanoke County Subdivision and Zoning Ordinances, and other applicable laws and regulations. d. That all costs and expenses associated herewith, including but not limited to publication, survey and recordation costs, shall be the responsibility of the Petitioners; and, 2. That the County Administrator, an Assistant County Administrator, or any County Subdivision Agent is hereby authorized to execute such documents and take such actions as may be necessary to accomplish the provisions of this ordinance, all of which shall be on form approved by the County Attorney. 3. That this ordinance shall be effective on and from the date of its adoption, and a certified copy of this ordinance shall be recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in accordance with §15.2-2272.2 of the Code of Virginia (1950, as amended). On motion of Supervisor Church to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Flora, McNamara, Minnix, Nickens, Church NAYS: None A COPY TESTE: &1 o � 1U1/ 0 Diane S. Childers Clerk to the Board of Supervisors cc: File Arnold Covey, Director, Community Development Janet Scheid, Chief Planner William E. Driver, Director, Real Estate Valuation Paul M. Mahoney, County Attorney 0 ^ 7 Tax flap No. Property of _ Barry A. & Linda B. McCune Property of Carole C. Property of Edward§. -- David A. &--` Lou Anne Keith - '" o A P CO EASEMENT 50.97 -{ 1 5W -A.-P` Co. EAS MENT. BEING RETAINrn 0927) . 1 45. 15 7947 X2.66 - JV �4 _ NEW 15' T. & E. EASEMENT La�� 7973 94 2v_ 7942- � 7 9,54 932 79 �4 ' 50. 51. TAX gAP No, 36.01_2-46,47 54. � DATE: 08-06-02 SC14LE:?�= .map of existing right—of—way shown as Future .3treet to be vacated, an existing 50' A.P. CO. Easeraen i and. a . new .15' ,T. & E. Easement being. retained PREPARED BY. ROANOA-E COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, AUGUST 27, 2002 ORDINANCE 082702-17 AMENDING AND REENACTING SECTION 22-82, "RATES AND FEES", OF CHAPTER 22 WATER, ARTICLE Il. "WATER SYSTEMS", DIVISION 2. "COUNTY WATER SYSTEM", OF THE ROANOKE COUNTY CODE TO PROVIDE FOR A CHANGE IN OFF-SITE FACILITIES FEES FOR MOTELS, HOTELS, HOSPITALS AND OTHER RESIDENTIAL INSTITUTIONS FROM A PER UNIT CHARGE TO A CHARGE BASED UPON METER SIZE WHEREAS, the Board of Supervisors has adopted and established water user rates for Roanoke County utility customers, as provided in Roanoke County Code §22-82; and, WHEREAS, by Ordinance #072302-4, this Board amended certain provisions of Section 18-168, "Schedule of Charges", of Chapter 18 SEWERS AND SEWAGE DISPOSAL, ARTICLE IV., "SEWER USE STANDARDS", of the Roanoke County Code; and, WHEREAS, this amendment included a change in the off-site facilities fees for motels, hotels, hospitals, and other residential institutions from a per unit charge to a charge based upon meter size; and, WHEREAS, this Board has determined that it is appropriate to make the corresponding changes to the off-site facilities fees for water connections; and, WHEREAS, the provisions of this ordinance for rate adjustments are adopted pursuant to the authority found in Chapter 21, Title 15.2, including more specifically §15.2- 2111 and §15.2-2143, of the Code of Virginia (1950, as amended); and, WHEREAS, legal notice of this amendment has been published in a newspaper of general circulation within Roanoke County, pursuant to §15.2-107 of the Code of Virginia (1950, as amended) on August 6, 2002, and August 13, 2002; and, WHEREAS, the first reading of this ordinance was held on August 13, 2002, and the second reading and public hearing on this ordinance was held on August 27, 2002. NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia: 1. That subsection (b)(6) of Section 22-82, of Division 2. County Water System of Article II. Water Systems, Chapter 22 WATER, of the Roanoke County Code is hereby amended and reenacted as follows: Sec. 22-82. Rates and fees. (6) Schedule of connection fees. The total connection fee is the sum of the basic connection fee (which is determined by meter size) plus the off-site facilities fee (which is determined by meter size, type of service, and effective date), as indicated in Tables I, II, and Ill. Table I Basic Connection Fee Meter Size Inches ERC Basic Connection 5/8 $ 1.00 $500.00 3/4 1.44 525.00 1 2.56 700.00 1'/2 5.76 1,800.00 2 10.24 2,600.00 3 23.04 3,800.00 4 40.96 4,500.00 6 92.16 7,600.00 8 163.84 10,500.00 10 256.00 12,500.00 12 368.64 15,000.00 The 5/8 -inch meter is equal to service to one equivalent residential connection or "ERC." Service and meters larger than 5/8 -inch are sized as their volume ratio to the 5/8 -inch meter or ERC. Types of Service Single Family (per dwelling unit) Multi -family (per dwelling unit) Mete! and Hotel Ivor guest reern) Hespital (per bed) Table II Off-site Facilities Fee Effentive flutes 7-1141 7,11A9 7419� $`',env -.n00 $2,329.00 $2,440.00 Effective 9/?/2002 $2,569.00 $2,690.00 2,210. 2,320.09 2,440.00 2,560. 2,690.00 1,185.00 4168:00''� 22000 4-X0.09 1,34 5.09 2 ''�00 2,320.09 2,440.00 2-560. X90.00 Other residential 1,325. nn a-390.00 1,615.00 nursing homes (nor hurl\ The Off-site Facilities Fee for all other applicants will be based on meter size as follows: Meter Size Inches 5/8 3/4 1 11/2 2 3 4 6 $ 2, Table III Effective Dates $2,320.00 $ 2. , 3 Effective 9111WITIN .. .. . . .. ..... .. 3 Effective 9111WITIN 8 362,086.00 380,409.00 399,77 4 49,430.00 440,730.00 10 565,760.00 593,920.00 624,64 655,360.00 688,640.00 12 _•. O1 855,245.00 899,48 .. _ 0• 991,642.00 2. That all subsections and provisions of §22-82 of the Roanoke County Code, not specifically amended herein, shall remain in full force and effect. 3. That the provisions of this ordinance shall be effective on and from September 1, 2002. On motion of Supervisor Minnix to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Flora, McNamara, Minnix, Nickens, Church NAYS: None A COPY TESTE: &�M S - &&� Diane S. Childers Clerk to the Board of Supervisors 4 cc: File Gary Robertson, Director, Utility Circuit Court Clifford R. Weckstein, Judge Diane McQ. Strickland, 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 O. Arnold Covey, Director, Community Development Janet Scheid, Chief Planner Gary Robertson, Director, Utility Danial Morris, Director, Finance David Davis, Court Services Elaine Carver, Director, Information Technology Anne Marie Green, Director, General Services Thomas S. Haislip, Director, Parks, Recreation & Tourism 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, TUESDAY, AUGUST 27, 2002 ORDINANCE 082702-18 AUTHORIZING AND APPROVING EXECUTION OF A LEASE AGREEMENT WITH CELLCO PARTNERSHIP, A DELAWARE GENERAL PARTNERSHIP, D/B/A VERIZON WIRELESS, FOR ROOFTOP SPACE ON THE SALEM BANK & TRUST BUILDING AT 220 EAST MAIN STREET, SALEM, VA, OWNED BY THE BOARD OF SUPERVISORS OF ROANOKE COUNTY WHEREAS, the Board of Supervisors of Roanoke County, Virginia, is the owner of several parcels of land, containing .68 acre, located at 220 East Main Street in the City of Salem, Virginia, and designated on the Salem Land Records as Tax Map #106-13-6, #106- 13-2, and #106-13-1, and commonly referred to as the Salem Bank and Trust Building; and, WHEREAS, said property was purchased on May 15, 2001, subject to leases with the County of Roanoke to provide office space for the Department of Social Services and Blue Ridge Community Services on the third, fourth, and fifth floors of the building, and subject to a number of commercial leases for the first and second floors of the building and for the rooftop for antenna space; and, WHEREAS, the County leased the property to the Roanoke County Industrial Development Authority for the issuance of bonds to finance the purchase, and the property was leased back to the County for operation of the premises and generation of the revenue, through the existing leases, for payment of the debt service on the bonds; and, WHEREAS, staff has been approached by and has negotiated with one additional wireless provider interested in locating its facilities on the rooftop of the Salem Bank & Trust Building; and, WHEREAS, Section 18.04 of the Roanoke County Charter directs that the acquisition or conveyance of an interest in real estate, including leases, shall be accomplished by ordinance; the first reading of this ordinance was held on August 13, 2002; and the second reading and public hearing was held on August 27, 2002. THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That lease of approximately 46.5 total square feet of rooftop space at the Salem Bank and Trust Building, located at 220 East Main Street, Salem, Virginia, to Cellco Partnership, a Delaware General Partnership, d/b/a Verizon Wireless, for a period of five (5) years at an annual rental of $14,400.00, payable monthly in the amount of $1,200.00, plus payment for its utility consumption, with the option to Cellco to renew said lease for four (4) additional periods of five (5) years at a fifteen percent (15%) rental increase at each renewal, is hereby authorized and approved. 2. That the County Administrator or an Assistant County Administrator is hereby authorized to execute a lease agreement on behalf of the Board of Supervisors of the County of Roanoke and to execute such other documents and take such further actions as are necessary to accomplish this transaction, all of which shall be upon form and subject to the conditions approved by the County Attorney. 3. That the funds generated by this lease shall be placed in the Salem Bank and Trust Building revenue account. 4. That this ordinance shall be effective on and from the date of its adoption. On motion of Supervisor Church to adopt the ordinance, and carried by the following recorded vote: 2 AYES: Supervisors Flora, McNamara, Minnix, Nickens, Church NAYS: None A COPY TESTE: Diane S. Childers Clerk to the Board of Supervisors cc: File Anne Marie Green, Director, General Services Arnold Covey, Director, Community Development William E. Driver, Director, Real Estate Valuation Paul M. Mahoney, County Attorney 3 A-082702-19 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: August 27, 2002 AGENDA ITEM: Consideration of Claim of John Willey NTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: On July 27, 2002, the Roanoke County Attorney's Office received a letter of claim from an attorney representing former County employee, John Willey. Mr. Willey's employment with Roanoke County terminated as of June 30, 2002. His attorney asserts a claim for salary and benefits from July 1, 2002 until Mr. Willey reaches age 65 which will occur on June 6, 2012. This notice of claim was filed to satisfy the requirements of Section 15.2-1243 et seq. of the Code of Virginia, 1950, as amended, if necessary. The Code of Virginia allows a citizen to submit a claim to the Board for payment or denial. Mr. Willey's employment with Roanoke County terminated as of June 30, 2002 as a result of restructuring of the County's administration which affected several departments. This restructuring which eliminated several positions, including Mr. Willey's position as Property Manager in the Department of General Services was precipitated by the county's current funding difficulties. Mr. Willey is a vested member of the Virginia Retirement System (VRS) and is eligible to draw retirement benefits. Mr. Willey has filed a series of grievances with the County related to the termination of his employment and has also filed a civil lawsuit against the County. An Answer to this lawsuit was filed on or before August 11, 2002. FISCAL IMPACTS: Based upon Mr. Willey's salary during his last year of his employment with Roanoke County, his claim exceeds $ 500,000.00. STAFF RECOMMENDATION: Staff recommends that the claim of a former county employee, John Willey, for future salary and benefits from the date of his termination of employment until he reaches the age of 65 be denied. Respectfully submitted, Jos h B. benshain Se or Assistant County Attorney 2 ACTION VOTE No Yes Abs Approved (x) Motion by: Joseph P. McNamara to Church x Denied ( ) approve staff recommendation Flora _ _ x Received ( ) (Deny the Claim) McNamara_ _ _ x Referred ( ) Minnix _ x To () Nickens _ _ x cc: File Joe Obenshain, Senior Assistant County Attorney 2