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HomeMy WebLinkAbout11/5/2002 - Adopted Board RecordsAT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, ON TUESDAY, NOVEMBER 5, 2002 RESOLUTION R-110502-1 REQUESTING THE CIRCUIT COURT OF ROANOKE COUNTY TO ORDER AN ELECTION ON FILLING THE VACANCY IN THE CONSTITUTIONAL OFFICE OF THE COMMONWEALTH ATTORNEY WHEREAS, Section 24.2-228.1 of the Code of Virginia, 1950, as amended, provides that a vacancy in any elected constitutional office shall be filled by a special election; and WHEREAS, Francis Burkart, III has submitted his resignation from the office of the Commonwealth Attorney for Roanoke County, effective October 31, 2002; and WHEREAS, pursuant to the authority granted by the Code of Virginia, the Board of Supervisors of Roanoke County proposes to call a special election to take the sense of the voters of the County on filling the vacancy in the constitutional office of the Commonwealth Attorney; and WHEREAS, Section 24.2-682 of the Code of Virginia, 1950, as amended, provides that a special election to fill the office of any constitutional office shall be held promptly; and WHEREAS, the Board hereby finds that due to the costs of a special election, and that since the next general election for this office is scheduled for November, 2003, it would be just and proper to schedule this special election for November 4, 2003. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the Board hereby petitions the Circuit Court of Roanoke County to order - 1 - an election on November 4, 2003, on the filling of the vacancy in the constitutional office of the Commonwealth Attorney. 2. That the Clerk of the Board is instructed to immediately file a certified copy of this resolution with the Circuit Court of Roanoke County, Virginia. 3. That the Secretary of the Electoral Board of Roanoke County, Virginia, shall publish a notice of such election in a newspaper of general circulation in the County once at least ten days prior to such election. 4. That the County Administrator is hereby authorized and directed to take such actions as may be necessary to accomplish the intent of this resolution. 5. That this resolution shall take effect immediately. On motion of Supervisor McNamara to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors, Flora, McNamara, Minnix, Altizer, Church NAYS: None A COPY TESTE: L I . 11716) 1 &'a0i Diane S. Childers Clerk to the Board of Supervisors cc: File Paul M. Mahoney, County Attorney Circuit Court Electoral Board -2- A-110502-2 ACTION NO. ITEM NO. -` AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: November 5, 2002 AGENDA ITEM: Proposed Amendments to the Roanoke County Charter SUBMITTED BY: Paul M. Mahoney County Attorney COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: At your work session with Mr. Giesen on October 22, 2002, you discussed requesting the 2003 General Assembly to amend the Roanoke County Charter to authorize the levy of a local tax on cigarettes and tobacco products. Staff has identified two other possible amendments to the County Charter which are of a "house -keeping" nature. This report requests Board concurrence to submit these "house -keeping" Charter amendments to the General Assembly along with the amendment expanding County taxing authority. Sec. 15.2-202 of the State Code sets out the procedure for a locality to request an amendment to its existing Charter. The locality must publish in a newspaper of general circulation the text or an informative summary of the charter amendment. This publication must also provide at least ten days notice of the time and place of a hearing on this charter amendment. Upon completion of the public hearing and adoption of the amendments the locality may request the General Assembly to grant it an amendment to its existing charter. Staff proposes that the Charter amendment public hearing be scheduled for November 19, 2002, at 7:00 p.m. The notice will be published in the Roanoke Times and World News on November 9, 2002. The "house -keeping" amendments are as follows: Amend Chapter 11 "Department of Social Services" so that it complies with current State Code provisions and County practices. The social services board is now an advisory board. 2. Amend Chapter 12 "Department of Education." The existing Charter provides that the School Board shall be appointed by the School Board Selection Commission. It is proposed that this chapter be amended to reflect the fact that the School Board is elected directly by the citizens. ALTERNATIVES: 1. Publish and schedule a public hearing for a Charter amendment seeking authority to levy a cigarette and tobacco tax. 2. Publish and schedule a public hearing for all of the Charter amendments described above. 3. Publish and schedule a public hearing for some, but not all, of the Charter amendments described above. STAFF RECOMMENDATION: Staff recommends that the Board authorize the publication of these proposed Charter amendments on November 9, 2002, and schedule the public hearing on these Charter amendments for November 19, 2002. If these amendments are adopted by the Board after the public hearing, then staff will request a Charter bill amendment in the 2003 session of the Virginia General Assembly. VOTE: Supervisor Church motion to approve staff recommendation. cc: File Paul M. Mahoney, County Attorney Yes No Abs Mr. Flora ® ❑ ❑ Mr. McNamara ® ❑ ❑ Mr. Minnix ® ❑ ❑ Mr. Altizer ® ❑ ❑ Mr. Church ® ❑ ❑ cc: File Paul M. Mahoney, County Attorney Sec. 11.04. Social Services Advisory Board. - The social services advisory board shall consist of thFee at least seven existing members appointed by the board of supervisors to serve terms of four years, one representing each election or magisterial district, and one representative from the City of Salem. One member shall also be a member of the board of supervisors. The board shall elect its own chairman and shall meet monthly. In addition to regularly scheduled meetings, it may meet at the call of the chairman or on the petition of at least two of the members. The social services advisory board shall have the authority to adopt necessary rules and regulations not in conflict with this charter or general law concerning such department. Sec. 12.02. School board. - The county school board shall be composed of the same number of members as there are members of the board of supervisors, who shall be elected by the voters from each magisterial or election district of the county, w#e for four-year terms. The school board shall elect its own chairman. The chairman of the school board shall be considered head of this department for the purpose of appearing before the board of supervisors, unless some other person in the department shall be designated by the school board for such purpose. TOBACCO TAX FOR ROANOKE COUNTY Roanoke County is seeking authority from the 2003 session of the Virginia General Assembly to levy and collect a tax on cigarettes and tobacco products. Roanoke County would adopt a local ordinance to administer and enforce this local tax as provided in Sec. 58.1-3832 of the Code of Virginia. Need: Roanoke County needs new revenue sources to meet the many demands that have been placed upon the County. Lack of funding from the State has caused the County to take responsibility for school capital construction, as well as a greater portion of operating funding for public services such as Schools, Police, Social Services, Libraries and Constitutional offices. In addition, numerous state and federal mandates compel us to make major expenditures for special education, disability, and environmental issues. Roanoke County is in the middle of a $120 million school capital construction program. In the first phase, the County funded $50 million of construction with bonds sold through the VPSA. We will be paying the debt service on this construction for twenty years. We are now planning for the second phase of a three-phase capital construction program. The Commonwealth is retreating from its modest assistance to localities for school construction. These capital costs will be borne solely by localities for the foreseeable future. Roanoke County needs new sources of local tax revenue to fund the principal and interest payments on the long term debt that it will incur for these capital expenditures. Currently, the surrounding localities of the City of Roanoke and the City of Salem have imposed a cigarette tax. Several tobacco stores have moved into the County of Roanoke in order to avoid the taxes charged by our surrounding localities. We believe, and they concur, that an equal tax across all of our localities would benefit us all. Fiscal Impact: Roanoke County's budget and finance departments have prepared an estimate of the new local tax revenues that could be generated by a tax on cigarettes and tobacco products based upon the actual tax collections of Roanoke City and the estimates prepared by the City of Salem. With a 17 cents per cigarette pack tax the City of Roanoke generates approximately $1.4 Million annually. The City of Salem adopted this tax in August 2002, but it estimates that it will receive $800,000 annually with its 15 cents per cigarette pack tax. Roanoke County estimates that it will generate approximately $40,000 for each one cent of tax per cigarette pack. If Roanoke County levied a tax equal to the rate of the City of Salem, it could generate $600,000 annually in new local tax revenues. Proposal: Roanoke County proposes that it be granted the authority to levy and collect a tax on cigarettes and tobacco products, either by amending its County Charter or by amending general law to permit all counties in this Commonwealth to levy and collect this tax. Tax equity and simple fairness supports this request. The Roanoke Valley is one economic unit; the Cities of Roanoke and the City of Salem both levy this tax, yet Roanoke County cannot. § 2.02. Taxing powers. --In addition to the powers granted by other sections of this Charter and general law, the county shall have the power to raise annually by taxes and assessments, as permitted and limited by general law, in the county such sums of money as the board of supervisors shall deem necessary to pay the debts and defray the expenses of the county in such manner as the board of supervisors shall deem expedient. In addition to, but not as a limitation upon, this general grant of power the county shall have power to levy and collect ad valorum taxes on real estate and tangible personal property and machinery and tools; to levy and collect taxes for admission to or other charge for any public amusement, entertainment, performance, exhibition, sport or athletic event in the county, which taxes may be added to and collected with the price of such admission or other charge; to levy and collect taxes on hotel and motel rooms not to exceed five percent of the amount charged for the occupancy thereof; to levy and collect taxes on the sale of meals, including nonalcoholic beverages, only as provided for by general law and such tax shall apply also to food prepared on premises and sold to take out, such tax is subject to limitations as may be imposed by general law; to levy and collect taxes on cigarettes and tobacco products, pursuant to Section 58.1- 3832; to levy and collect privilege taxes, local general retail sales and use taxes as provided by law; unless prohibited by law, to require licenses, prohibit the conduct of any business, profession, vocation or calling without such license, require taxes to be paid on such licenses in respect of all businesses, professions, vocations and callings not exempted by prohibition of general law; to franchise any business or calling so as to protect the public interest; and to require licenses of all owners of vehicles of all kinds for the privilege of using the streets and other public places in the county, require taxes to be paid on such licenses and prohibit the use of streets, alleys and other public places in the county without such license; prev+ded tebaGGO pFc)dUGtS etheF thaR these taxes E;PGGially authorized OR Title 58.1 ef the Code. In addition to the other powers conferred by law, the County of Roanoke shall have the power to impose, levy, and collect, in such manner as its board may deed expedient, a consumer or subscriber tax at a rate or rates not exceeding those authorized by general law upon the amount paid for the use of gas, electricity, telephone, and any other public utility service within the county, or upon the amount paid for any one or more of such public utility services, and may provide that such tax shall be added to and collected with bills rendered consumers and subscribers for such services. (Acts of Assembly, 1989 session, Ch. 119, approved 3-6-89; Acts of Assembly, 1993 session, Ch. 3, approved 2-9-93) AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, NOVEMBER 5, 2002 ORDINANCE 0-110502-3 AUTHORIZING THE CREATION OF AND FINANCING FOR A LOCAL PUBLIC WORKS IMPROVEMENT PROJECT, GLENVAR HEIGHTS BOULEVARD WATER LINE EXTENSION PROJECT WHEREAS, Ordinance 112288-7 authorizes the financing of local public works improvements and the imposition of special assessments upon abutting property owners upon the adoption of an appropriate ordinance by the Board of Supervisors; and WHEREAS, the County Administration has negotiated the extension of the public water system to the Glenvar Heights community; and WHEREAS, the extension of the public water system and the creation of a special utility (water) service area will alleviate a critical public health and safety problem; and WHEREAS, several of the residents have requested that the County allow them to pay their portion of the costs of connection to the public water system over ten years at an interest rate of 8%; and WHEREAS, the first reading of this Ordinance was held on October 22, 2002, and the second reading was held November 5, 2002; and BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That pursuant to the authority of Ordinance 112288-7, the Board authorizes and approves a local public works improvement project, namely, public water 1 extension for the Glenvar Heights community. The total construction cost of this public water project is estimated to be $146,000 to be initially financed as follows: Citizen Participation (23 at $3,555 each) $81,765 Advance from the Public Works Participation Fund $64,235 TOTAL $146,000 That there is hereby appropriated for this project the sum of $64,235 from the Public Works Participation Fund. Any citizen participation under paragraph 3. will be advanced as a loan from the Water Fund. 2. That the "Project Service Area" is shown and designated on the attached plat entitled "Glenvar Heights Boulevard Water Line Extension Project" prepared by the Roanoke County Utility Department, dated 11/05/02 . The Glenvar Heights Boulevard Project Area is created for a period of ten (10) years. Any owner of real estate within this service area may participate in and benefit from the public water extension to this service area by paying at a minimum the sum of $4,900 ($3,555 toward construction costs, plus $1,345 toward the off-site facility fee) said costs to be paid in full and in advance of connection to the public water extension. 3. That the Board authorizes and approves the payment by the property owners in the project service area who elect to participate on or before February 5, 2003, of their portion of the cost of extending the public water system to their properties in accordance with the following terms and conditions: 7 (a) The total amount per property owner/residential connection may be financed for 10 years at an interest rate of 8% per annum. Down payment of $1,345.00 will be applied to the off-site facility fee. (b) Property owners agree to execute a promissory note or such other instrument as the County may require to secure this installment debt. (c) Property owners further agree to execute such lien document or instrument as may be required by the County; said lien document or instrument to be recorded in the Office of the Clerk of the Circuit Court of Roanoke County. This lien instrument or document shall secure the repayment of the promissory note by the property owners to the County and shall be a lien against the property of the owners. Property owners also agree to pay the County any Clerk's fees or recordation costs which may be required to record any lien instrument or documents in the Office of the Clerk of the Circuit Court. (d) Property owners who wish to participate after the February 5, 2003, deadline (other than new property owners) shall pay a minimum of $7,134 [$3,555 construction costs plus 25% (plus $30 x length of road frontage in excess of 250 feet) plus the off-site facility fee in effect at that time (currently $2,690)]. New property owners (defined as persons who acquire ownership of real estate within the Project Service Area after the date of the adoption of this Ordinance) shall have ninety (90) days from the date of their acquisition of the real estate to participate in and benefit from the public water/sewer extension to this service area by the payment of $4,900, said costs to be paid in full and in advance of connection to the 3 public water/sewer extension. New property owners are not eligible to participate in the installment financing payment method described above in paragraph 3. 4. That the payment by citizens in the project service area, in excess of those anticipated in this ordinance, who elect to participate shall be made to the various funds as follows: The off-site facility fee shall be returned to the Water Fund, and payment of the construction costs shall be returned to the Public Works Participation Fund until such time as the advance has been repaid; any further payment of construction costs shall be returned to the Water Fund. 5. That the County Administrator is authorized to take such actions and execute such documents as may be necessary to accomplish the purposes of this transaction, all upon form approved by the County Attorney. On motion of Supervisor Church to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Flora, McNamara, Minnix, Altizer, Church NAYS: None A COPY TESTE: k&o ) �. 44'1-z� Diane S. Childers Clerk to the Board of Supervisors cc: File Gary Robertson, Director, Utility Paul M. Mahoney, County Attorney Danial Morris, Director, Finance al cc W > O w x J a. 0 z m o Cl) m F-- Z = W W W Z W x z J z cc w w J F- 0 � R* Nr � w a ,. W U Lu W U> CC CC W LLJ J W Cn a z ui a v Q � O cc m c Oz Z Z� (n W LS J W H H W ®❑ w CL O W W Q a cc� a LL LU W J 00 O Ow OC 0 O Z 0. 0_ I— AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, NOVEMBER 5, 2002 ORDINANCE 0-110502-4 FOR AUTHORIZATION TO ACQUIRE NECESSARY EASEMENTS TO CONSTRUCT PHASE 5 OF THE NORTH LOOP WATER TRANSMISSION LINE PROJECT WHEREAS, location plans for Phase 5 of the North Loop Water Transmission Line Project have been completed and the project will require acquisition of water line easements across certain properties; and WHEREAS, said easements are to be acquired to facilitate the completion of construction of the water transmission main through north Roanoke County between Spring Hollow and North Lakes; 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 October 22, 2002; and the second reading was held on November 5, 2002. NOW, THEREFORE, be it ordained by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the acquisition and acceptance of the necessary water line easements for Phase 5 of the North Loop Water Transmission Line is hereby authorized across the following properties, referenced by tax map number, from the property owners, their successors or assigns: Tax Map Nos. 43.00-01-45 54.02-04-72 54.02-04-01 54.02-04-74 54.02-04-24 54.03-01-05 1 54.02-04-28 54.03-01-18 54.02-04-29 54.03-01-52 54.02-04-68 54.03-01-53 54.02-04-69 54.04-07-01 54.02-04-70 2. That the consideration for each easement acquisition shall not exceed a value equal to 40% of the current tax assessment for the property to be acquired plus the cost of actual damages, if any; and 3. That the consideration for each easement shall be paid from the Capital Improvement Fund; and 4. That the County Administrator is hereby authorized to execute such documents and take such actions as may be necessary to accomplish these acquisitions, all of which shall be on form approved by the County Attorney. On motion of Supervisor Church to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Flora, McNamara, Minnix, Altizer, Church NAYS: None A COPY TESTE: Diane S. Childers Clerk to the Board of Supervisors cc: File Gary Robertson, Director, Utility Paul M. Mahoney, County Attorney Arnold Covey, Director, Community Development Janet Scheid, Chief Planner 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, NOVEMBER 5, 2002 RESOLUTION R-110502-5 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM I - CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the certain section of the agenda of the Board of Supervisors for November 5, 2002 designated as Item I - Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 through 7, inclusive, as follows: 1. Approval of minutes - May 14, June 11 and October 22, 2002 2. Confirmation of committee appointment to the Building Code Board of Adjustments and Appeals (Fire Code Board of Appeals) 3. Request to accept water and sewer facilities serving Cresthill Commons, Cave Spring Magisterial District. 4. Request to accept a Virginia Department of Health grant in the amount of $33,012.50 to purchase an ambulance. 5. Request from to accept a Virginia Department of Health grant in the amount of $12,315 to purchase new cardiac heart monitors 6. Request to accept a Virginia Department of Health grant in the amount of $6,242 to purchase extrication equipment (jaws of life) 7. Nomination of a section of Bottom Creek as Exceptional State Waters 8. Request to accept an Aggressive Driver Enforcement Grant in the amount of $4,000.00 from the Twenty -Third Judicial District Court -Community Corrections 9. Request to accept a grant in the amount of $8,500 from the Department of Motor Vehicles for DUI Selective Enforcement / Injury Accident Reduction 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. 1 On motion of Supervisor Minnix to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors, Flora, McNamara, Minnix, Altizer, Church NAYS: None A COPY TESTE: Diane S. Childers Clerk to the Board of Supervisors cc: File Building Code Board of Adjustments and Appeals (Fire Code Board of Appeals) Gary Robertson, Director, Utility Arnold Covey, Director, Community Development Paul M. Mahoney, County Attorney Richard Burch, Chief, Fire & Rescue Daniel Morris, Director, Finance Janet Scheid, Chief Planner Ray Lavinder, Chief of Police A -110502-5.a ACTION NO. ITEM NO. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: November 5, 2002 AGENDA ITEM: Confirmation of Committee Appointments SUBMITTED BY: Diane S. Childers Clerk to the Board APPROVED BY: Elmer C. Hodge Ee County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: 1. BUILDING CODE BOARD OF ADJUSTMENTS AND APPEALS (FIRE CODE BOARD OF APPEALS) At the October 22, 2002 meeting, Supervisor McNamara nominated Ralph T. Henry to serve a four-year term as Alternate on the Fire Code Board of Appeals. Mr. Henry will be filling the vacancy which occurred when the four-year term of J. A. Hendricks, Jr., Alternate, expired on October 28, 2001. FISCAL IMPACT: None STAFF RECOMMENDATION: It is recommended that the above appointment be confirmed. VOTE: Supervisor Minnix motion to approve staff recommendation. cc: File Building Code Board of Adjustments and Appeals (Fire Code Board of Appeals) Yes No Abs Mr. Flora ® ❑ ❑ Mr. McNamara ® ❑ ❑ Mr. Minnix ® ❑ ❑ Mr. Altizer ® ❑ ❑ Mr. Church ® ❑ ❑ cc: File Building Code Board of Adjustments and Appeals (Fire Code Board of Appeals) A -110502-5.b ACTION NO. ITEM NO. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: November 5, 2002 AGENDA ITEM: Acceptance of Water and Sewer Facilities Serving Cresthill Commons SUBMITTED BY: Gary Robertson Utility Director APPROVED BY: Elmer C. Hodge Pe'q County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The Developers of Cresthill Commons, Radford & Company, have requested that Roanoke County accept the Deed conveying the water and sanitary sewer facilities serving the subdivision along with all necessary easements. The water and sanitary sewer facilities are installed, as shown on plans prepared by Lumsden Associates, P.C. entitled Cresthill Commons, which are on file in the Community Development Department. The water and sanitary sewer facility construction meets the specifications and the plans approved by the County. FISCAL IMPACT: The value of the water and sanitary sewer construction is $ 9,245.00 and $ 9,715.00 respectively . STAFF RECOMMENDATION: Staff recommends that the Board of Supervisors accept the water and sanitary sewer facilities serving the Cresthill Commons subdivision along with all necessary easements, and authorize the County Administrator to execute a Deed for the transfer of these facilities. VOTE: Supervisor Minnix motion to approve staff recommendation. cc: File Gary Robertson, Director, Utility Arnold Covey, Director, Community Development Paul M. Mahoney, County Attorney Yes No Abs Mr. Flora ® ❑ ❑ Mr. McNamara ® ❑ ❑ Mr. Minnix ® ❑ ❑ Mr. Altizer ® ❑ ❑ Mr. Church ® ❑ ❑ cc: File Gary Robertson, Director, Utility Arnold Covey, Director, Community Development Paul M. Mahoney, County Attorney Return To: Roanoke County Attorney's Office THIS CHATTEL DEED, made this day of , 2002, by and between RADFORD & COMPANY, a Virginia corporation, here' after referred to as the "Developer," party of the first part; and the BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, its successors or assigns, hereinafter referred to as the "Board," party of the second part. WITNESSETH THAT FOR AND IN CONSIDERATION of the mutual benefits accruing to the parties, the receipt and sufficiency of which is hereby acknowledged, the Developer does hereby GRANT, CONVEY, ASSIGN AND TRANSFER, with the covenants of GENERAL WARRANTY OF TITLE, in fee simple unto the Board all water and/or sewer lines, valves, fittings, laterals, connections, storage facilities, sources of water supply, pumps, manholes and any and all other equipment and appurtenances thereunto belonging, in and to the water and/or sewer systems in the streets, avenues, public utility, easement areas, water and sewer easement areas that have been or may hereafter be installed by the Developer, along with the right to perpetually use and occupy the easements in which the same may be located, all of which is more particularly shown, described and designated as follows, to wit: As shown on the plan entitled;Cresthillmade by Lumsden Associates, P.C., and on file in the Roanoke County Department of Community Development. The Developer does hereby covenant and warrant that it will be responsible for the proper installation and construction of the said water and/or sewer systems including repair of surface areas affected by settlement of utility trenches for a period of one (1) year after date of acceptance by the Board and will perform any necessary repairs at its cost. Elmer C. Hodge, County Administrator of Roanoke County, Virginia, hereby joins in the execution of this instrument to signify the acceptance of this conveyance pursuant to Resolution No. adopted by the Board of Supervisors of Roanoke County, Virginia, on the day of , 20 S3 WITNESS THE FOLLOWING signatures and seals: Developer: Radford & Company Address: 2772 Electric Road SW, Suite 1 Roanoke VA 24018 _ By: David F. Radford E As: President Title State of: Virginia County of: Roanoke , to wit: The foregoing instrument was acknowledged before me this: I /day of : k , 2002. By: David F. Radford Its President Duly authorized officer Title on behalf of Radford & Company Notary Public My Commission expires:®®�i Approved as to form: County Attorney State of: Virg_h-iia County 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 , 2002. by Elmer C. Hodge, County Administrator, on behalf of the Board of Supervisors of Roanoke County, Virginia. Notary Public My Commission expires: 4 ROANOKE COUNTY UTILITY DEPARTMENT ACCEPTANCE OF WATER AND SEWER FACILITIES SERVING " CRESTHILL COMMONS" DATE: 10'21-02 A -110502-5.c ACTION NO. ITEM NO. _ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: November 5, 2002 AGENDA ITEM: Acceptance of $33,012.50 in grant funds from the Virginia Department of Health to purchase an ambulance. SUBMITTED BY: Stephen Simon, Battalion Chief COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The Virginia Department of Health, Office of Emergency Medical Services awarded the Fire and Rescue Department a matching grant ($33,012.50) to purchase an ambulance. The ambulance will be utilized as a front run ALS Ambulance (Medic Unit) replacing an older unit. FISCAL IMPACT: The Department has budgeted funds for the 50% match that the State requires for the Grant. ALTERNATIVES: The Department will not be able to purchase the ambulance without the matching funds from the State. STAFF RECOMMENDATION: Staff recommends the acceptance of the funds in the amount of $33,012.50 into the Fire and Rescue Department's budget. Approved by: Elmer C. Hodge County Administrator VOTE: Supervisor Minnix motion to approve staff recommendation. cc: File Richard Burch, Chief, Fire & Rescue Dania[ Morris, Director, Finance Yes No Abs Mr. Flora ® ❑ ❑ Mr. McNamara ® ❑ ❑ Mr. Minnix ® ❑ ❑ Mr. Altizer ® ❑ ❑ Mr. Church ® ❑ ❑ cc: File Richard Burch, Chief, Fire & Rescue Dania[ Morris, Director, Finance A -110502-5.d ACTION NO. ITEM NO. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: AGENDA ITEM: SUBMITTED BY: November 5, 2002 Acceptance of $12,315.00 in grant funds from the Virginia Department of Health to purchase new Cardiac Heart Monitors. Stephen Simon, Battalion Chief COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The Virginia Department of Health, Office of Emergency Medical Services awarded the Fire and Rescue Department a matching grant ($12,315.00) to purchase two Cardiac Monitors. The new Cardiac Monitors will replace outdated units that no longer meet the Federal Food and Drug Administration (FDA) standards which regulate cardiac monitors. FISCAL IMPACT: The Department has budgeted funds for the 50% match that the State requires for the Grant. ALTERNATIVES: The Department will not be able to purchase the cardiac monitors with out the matching funds from the State. STAFF RECOMMENDATION: Staff recommends the acceptance of the funds in the amount of $12,315.00 into the Fire and Rescue Department's budget. Approved by: Elmer C. Hodge County Administrator VOTE: Supervisor Minnix to approve staff recommendation. cc: File Richard Burch, Chief, Fire & Rescue Daniel Morris, Director, Finance Yes No Abs Mr. Flora ® ❑ ❑ Mr. McNamara ® ❑ ❑ Mr. Minnix ® ❑ ❑ Mr. Altizer ® ❑ ❑ Mr. Church ® ❑ ❑ cc: File Richard Burch, Chief, Fire & Rescue Daniel Morris, Director, Finance A -110502-5.e ACTION NO. ITEM NO. T -6, - AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: AGENDA ITEM: SUBMITTED BY: November 5, 2002 Acceptance of $6,242.00 in grant funds from the Virginia Department of Health to purchase Extrication Equipment (Jaws of Life). Stephen Simon, Battalion Chief COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The Virginia Department of Health, Office of Emergency Medical Services awarded the Fire and Rescue Department a matching grant ($6,242.00) to purchase extrication equipment. The extrication equipment is being placed on first run Fire Engine's to provide rapid extrication to trapped patients of auto accidents and industrial/manufacturing emergencies. The additional equipment will be utilized on the Cave Spring and Hollins Fire Engines. FISCAL IMPACT: The Department has budgeted funds for the 50% match that the State requires for the Grant. ALTERNATIVES: The Department will not be able to purchase the extrication with out the matching funds from the State. STAFF RECOMMENDATION: Staff recommends the acceptance of the funds in the amount of $6,242.00 into the Fire and Rescue Department's budget. Approved by: Elmer C. Hodge County Administrator VOTE: Supervisor Minnix motion to staff recommendation. cc: File Richard Burch, Chief, Fire & Rescue Danial Morris, Director, Finance Yes No Abs Mr. Flora ® ❑ ❑ Mr. McNamara ® ❑ ❑ Mr. Minnix ® ❑ ❑ Mr. Altizer ® ❑ ❑ Mr. Church ® ❑ ❑ cc: File Richard Burch, Chief, Fire & Rescue Danial Morris, Director, Finance A -110502-5.f ACTION NO. ITEM NO. Tom' AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: November 5, 2002 AGENDA ITEM: Nomination of a Section of Bottom Creek as Exceptional State Waters SUBMITTED BY: Janet Scheid Chief Planner APPROVED BY: Elmer C. Hodge County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The Department of Environmental Quality accepts nominations to classify surface waters as Exceptional State Waters if certain criteria are met. The purpose of this program is to protect those surface waters that are pristine, possess outstanding scenic beauty, and/or provide special and unique recreational opportunities ranging from trout fishing to canoeing and kayaking. The criteria are that the water must provide exceptional environmental settings and either exceptional aquatic communities or exceptional recreational opportunities. Five citizen groups, including Bent Mountain Civic League, have nominated Bottom Creek for this Exceptional State Waters designation. A quarter -mile section of Bottom Creek is in Roanoke County while a much longer portion is in Montgomery County. The petition to the DEQ states that Bottom Creek meets all three criteria listed above. DEQ has notified the County and those citizens who own property adjoining the nominated section of Bottom Creek. If Bottom Creek is approved as Exceptional State Waters the impact would be to not allow any additional direct, point source discharge into the creek. No new business or residence could directly discharge sewage into the stream. The designation would not have any impact on the right to farm or practice forestry. Since Roanoke County does not allow direct discharge of sewage to surface waters there would be no negative impact of this designation. The benefit of this designation is difficult to quantify. The primary benefit to landowners along the creek would be the assurance of continued maintenance of the water quality for their enjoyment and that of future generations. There may potentially be new sources of income to the County generated by increased ecotourism and recreation use of the waters. FISCAL IMPACT: No funding required. ALTERNATIVES: DEQ has notified the County of this nomination and is asking for our comments. Alternative 1: Respond with a favorable recommendation for the nomination. Alternative 2: Respond with an unfavorable recommendation for the nomination. STAFF RECOMMENDATION: Seeing no negative impacts of the nomination of Bottom Creek as Exceptional State Waters staff is recommending Alternative 1. VOTE: Supervisor Minnix motion to approve staff recommendation. cc: File Janet Scheid, Chief Planner Arnold Covey, Director, Community Development 2 Yes No Abs Mr. Flora ® ❑ ❑ Mr. McNamara ® ❑ ❑ Mr. Minnix ® ❑ ❑ Mr. Altizer ® ❑ ❑ Mr. Church ® ❑ ❑ cc: File Janet Scheid, Chief Planner Arnold Covey, Director, Community Development 2 A -110502-5.g ACTION NO. ITEM NO. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: November 5, 2002 AGENDA ITEM: Request to accept an Aggressive Driver Enforcement Grant in the amount of $4,000.00 from the Twenty -Third Judicial District Court -Community Corrections SUBMITTED BY: James R. Lavinder Chief of Police APPROVED BY: Elmer C. Hodge County Administrator COUNTY ADMINISTRATOR'S COMMENTS: i SUMMARY OF INFORMATION: The Roanoke County Police Department has received a grant from the Twenty-third Judicial District Court -Community Corrections for the past several years. The purpose of this grant, which is also given to surrounding localities, is to enforce traffic laws with special attention to matters involving aggressive driving, i.e., driving under the influence, reckless driving, speeding, etc. For the period of October 1, 2002 until September 30, 2003, Roanoke County has been awarded $4,000.00 of funds with which to engage in aggressive driving enforcement by the Twenty-third Judicial District Court -Community Corrections. These funds will be used for targeted enforcement of aggressive driving. The Roanoke County Police Department has officers trained in the detection and apprehension of aggressive drivers. Budget constraints do not allow for targeted enforcement of aggressive driving without additional grant funding. FISCAL IMPACT: The Twenty-third Judicial District Court -Community Corrections has provided $4,000.00 in grant funds with no matching funds required. The grant period runs between October 1, 2002 and September 30, 2003. ALTERNATIVES: None STAFF RECOMMENDATION: The staff recommends acceptance of the Twenty-third Judicial District Court -Community Corrections aggressive driver enforcement grant for $4,000.00. VOTE: Supervisor Minnix motion to approve staff recommendation. cc: File Ray Lavinder, Chief of Police Danial Morris, Director, Finance Scott Smith, Grant Administrator, Police Department Yes No Abs Mr. Flora ® ❑ ❑ Mr. McNamara ® ❑ ❑ Mr. Minnix ® ❑ ❑ Mr. Altizer ® ❑ ❑ Mr. Church ® ❑ ❑ cc: File Ray Lavinder, Chief of Police Danial Morris, Director, Finance Scott Smith, Grant Administrator, Police Department A -110502-5.h r_T"11to] 111•r.71 ITEM NO. T AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: November 12, 2002 AGENDA ITEM: Request to accept a grant in the amount of $8,500 from the Department of Motor Vehicles for DUI Selective Enforcement/ Injury Accident Reduction SUBMITTED BY: APPROVED BY: James R. Lavinder Chief of Police Elmer C. Hodge County Administrator COUNTY ADMINISTRATOR'S COMMENTS: �9�v�z.v+�-�a I SUMMARY OF INFORMATION: Roanoke County is still experiencing a significant number of automobile accidents involving personal injury. A major portion of these accidents is the result of impaired and aggressive driving. There are 650 miles of state maintained roads in Roanoke County. The 5.4 -mile stretch of Electric Road, state route 419, from Tanglewood Mall to Lewis Gale Hospital accounts for approximately 1% of the state maintained roadway in Roanoke County. During the past three years, this stretch of Electric Road has accounted for approximately 30% of all the injury accidents that have occurred in Roanoke County. The Police Department has officers trained in the enforcement/detection of impaired drivers and drivers operating their vehicles in an aggressive manner. The Roanoke County Police Department will use patrols to target impaired and aggressive drivers. A portion of the patrols will focus on, but will not be limited to, the area of Electric Road. Budget constraints do not allow for targeted patrols of impaired and aggressive drivers without additional DMV grant funding. FISCAL IMPACT: The DMV has provided $8,500.00 in grant funds with no matching funds required. The grant period runs between October 2002 and September 2003. ALTERNATIVES: None. STAFF RECOMMENDATION: The staff recommends acceptance of the DMV grant for $8,500.00 VOTE: Supervisor Minnix motion to approve staff recommendation. cc: File Ray Lavinder, Chief of Police Danial Morris, Director, Finance Scott Smith, Grant Administrator, Police Department Yes No Abs Mr. Flora ® ❑ ❑ Mr. McNamara ® ❑ ❑ Mr. Minnix ® ❑ ❑ Mr. Altizer ® ❑ ❑ Mr. Church ® ❑ ❑ cc: File Ray Lavinder, Chief of Police Danial Morris, Director, Finance Scott Smith, Grant Administrator, Police Department AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, NOVEMBER 5, 2002 RESOLUTION R-110502-6 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 resolution, and carried by the following recorded vote: AYES: Supervisors Flora, McNamara, Minnix, Altizer, Church NAYS: None cc: File Closed Meeting File A COPY TESTE: Diane S. Childers Clerk to the Board of Supervisors 1