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HomeMy WebLinkAbout11/18/2003 - 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 18, 2003 RESOLUTION 111803-1 OF APPRECIATION TO B. CLAYTON GOODMAN, III FOR HIS TEN YEARS OF SERVICE AS TOWN MANAGER FOR THE TOWN OF VINTON WHEREAS, B. Clayton Goodman, III has served as Vinton Town Manager since 1993 and effective December 1, 2003, has been appointed as the Montgomery County Administrator; and WHEREAS, prior to becoming the Vinton Town Manager, Mr. Goodman, a graduate of Virginia Tech, served as Buena Vista City Manager from 1988 to 1993; City Manager of Austell, Georgia, from 1985 to 1988; Montgomery County Assistant Administrator from 1981 to 1985; and Administrative Assistant of Fairmont, West Virginia in 1980; and WHEREAS, Mr. Goodman, as the Vinton Town Manager, has consistently worked for the benefit of the Town of Vinton, Roanoke County, and the Roanoke Valley by supporting economic development projects, tourism, regional cooperation and innovative concepts; and WHEREAS, the citizens of Roanoke County and the Town of Vinton have benefited from Mr. Goodman's dedication and contributions through his activities and leadership on the Roanoke Valley Economic Development Partnership, the Fifth Planning District Regional Alliance, the Roanoke Valley Resource Authority, and the Roanoke Regional Cable Television Committee; and WHEREAS, during Mr. Goodman's service as Vinton Town Manager, many projects were completed including the gainsharing agreement with Roanoke County, cooperative fire and rescue efforts, establishment of the Roanoke Valley Greenway Commission, renovation of downtown Vinton, creation of the Vinton Business Center; and adoption of a cable television franchise agreement; and WHEREAS, Mr. Goodman has been a good friend and neighbor to the citizens of Roanoke County, and his enthusiasm, dedication, and commitment will be missed as he moves forward with his new responsibilities for the County of Montgomery. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, on its own behalf and on behalf of the citizens of Roanoke County, does hereby extend its sincere appreciation to B. CLAYTON GOODMAN, III for ten years of service to the residents of the Town of Vinton and for his dedication to maintaining the high quality of life for all of the people of the Roanoke Valley; and FURTHER, BE IT RESOLVED that the Board of Supervisors does hereby extend its sincere best wishes to Mr. Goodman in his future endeavors as Montgomery County Administrator. On motion of Supervisor Altizer to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara NAYS: None A COPY TESTE: L�� � - 1�� Diane S. Childers Clerk to the Board of Supervisors cc: File Resolution of Appreciation File ACTION NO. A-111803-2 ITEM NO. E-1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: November 18, 2003 AGENDA ITEM: Request to approve the transfer of $245,000 from the Center for Research and Technology (CRT) capital fund account to the Roanoke County Industrial Development Authority for the purpose of purchasing a 25 acre parcel known as Tax Map Number 63.00-01-01,B SUBMITTED BY: Doug Chittum Director of Economic Development APPROVED BY: Elmer C. Hodge County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The above mentioned parcel is located on Prunty Drive and is adjacent to the County owned Center for Research and Technology (CRT). In an effort to purchase property that is strategically located near the CRT, the Industrial Development Authority (IDA) has entered into a purchase contract with the current owner in the amount of $500,000. The IDA is conducting soil borings and a Phase I environmental report to ensure acceptability of the property. Closing is set on or about December 1, 2003. The IDA currently has funds in the amount of $260,000 that were realized from the sale of the Valley Gateway shell building in September 2003. Therefore additional funds are needed to purchase the additional acreage, and to advance the economic development goals of the Board of Supervisors. FISCAL IMPACT: Requested funding for the stated and approved purpose has been appropriated by the Board of Supervisors to the CRT capital fund account. Transfer of these funds to the IDA will reduce the balance in the capital account by $245,000. STAFF RECOMMENDATION: Staff recommends approval of the transfer of $245,000 from the CRT capital fund account to the Roanoke County Industrial Development Authority. VOTE: Supervisor Church motion to approve staff recommendation Motion Approved cc: File Doug Chittum, Director, Economic Development Diane Hyatt, Chief Financial Officer Rebecca Owens, Director, Finance 6 2 Yes No Abs Mr. Flora ® ❑ ❑ Mr. Church ® ❑ ❑ Mr. Minnix ® ❑ ❑ Mr. Altizer ® ❑ ❑ Mr. McNamara ® ❑ ❑ cc: File Doug Chittum, Director, Economic Development Diane Hyatt, Chief Financial Officer Rebecca Owens, Director, Finance 6 2 ACTION NO. A-111803-3 ITEM NO. E-2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: November 18, 2003 AGENDA ITEM: Request for authorization to execute a performance agreement between Roanoke County, The Roanoke County Industrial Development Authority, The Town of Vinton, and Cardinal IG Company. SUBMITTED BY: Doug Chittum Director of Economic Development APPROVED BY: Elmer C. Hodge County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Cardinal IG has negotiated an agreement to purchase an 18.538 acre site located in the Vinton Business Center for the purpose of constructing a new 220,000 square foot production facility. This project represents a $23.9 million investment and will create 200 jobs within the first three years of operation. The Town of Vinton and Roanoke County have partnered on the development of the Business Center and will share new tax revenues per a gainsharing agreement between the two jurisdictions. In addition to State Workforce Training and Governor's Opportunity Fund incentives, a local incentive package has been offered to the company based on five years of new revenue created by the project. These incentives and the performance measures required for their dispersal to the company have been negotiated and are in the form of a performance agreement. FISCAL IMPACT: Per the performance agreement, the local incentives will be calculated as a reimbursement based on realized new tax revenues; therefore, the financial impact will be in the form of forgone revenue. No current funds are needed. STAFF RECOMMENDATION: Staff recommends authorizing the execution of a performance agreement between Roanoke County, the Roanoke County Industrial Development Authority, the Town of Vinton, and Cardinal IG Company. VOTE: Supervisor Altizer motion to approve staff recommendation Motion Approved cc: File Doug Chittum, Director, Economic Development Paul Mahoney, County Attorney 2 Yes No Abs Mr. Flora ® ❑ ❑ Mr. Church ® ❑ ❑ Mr. Minnix ® ❑ ❑ Mr. Altizer ® ❑ ❑ Mr. McNamara ® ❑ ❑ cc: File Doug Chittum, Director, Economic Development Paul Mahoney, County Attorney 2 INCENTIVES AND PERFORMANCE AGREEMENT THIS INCENTIVES AND PERFORMANCE AGREEMENT (the "Agreement") is made as of this day of November, 2003, by and between the BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, a political subdivision of the Commonwealth of Virginia, (hereafter, the "County"), the TOWN COUNCIL FOR THE TOWN OF VINTON, a political subdivision of the Commonwealth of Virginia, (hereafter, the "Town"), the INDUSTRIAL DEVELOPMENT AUTHORITY OF ROANOKE COUNTY, VIRGINIA, a political subdivision of the Commonwealth of Virginia, (hereafter, the "Authority"); and CARDINAL IG COMPANY, a Minnesota corporation, (hereafter, the "Company"). WITNESSETH WHEREAS, the Roanoke County Board of Supervisors, the Town Council of the Town of Vinton and the Industrial Development Authority of Roanoke County, Virginia, desire to promote and encourage the economic development and vitality of Roanoke County and the Roanoke Valley through the recruitment of new business for the citizens of the Roanoke Valley, in order to provide for increased employment and corporate investment in Roanoke County; and WHEREAS, the Town is the owner of an approximate 100 acres of real estate known as the Vinton Business Center, located off Hardy Road (State Route 634) in the eastern portion of the County (the "Property"), and WHEREAS, the Company desires to locate a new production facility and development in this business park (the "Project"), and 0 e 1 WHEREAS, the County, Town and the Authority desire that the Company will create high quality employment opportunities for the citizens of the Roanoke Valley by the development of this Project which will promote economic development and generate new tax revenues for Roanoke County; and WHEREAS, this increased employment and investment constitutes a valid public purpose for the expenditure of public funds. NOW, THEREFORE, in consideration of the premises and the mutual covenants contained herein, the parties agree to the following: 1. Site Development and Real Estate Option. The Town and the County will install an industrial access road to the Property, a natural gas main extension to the Property, water and sewer utility lines to the Property, and a stone water treatment/retention pond to serve the Property and that is necessary for the Company's development project, all as may be further described in the Purchase Agreement (as defined below) and in this Paragraph 1. A. Not later than July 1, 2004, the Town and County will extend water and sewer utility lines to the property line of the Plant Site (as defined below) and will assure that these public utilities will be available for connection to the Phase I building to be constructed by the Company. The Company's apportioned share of the water and sewer connection shall not exceed $10,000, payable out of New Local Tax Revenues as provided in Section 3.A. below. If the Town and the County fail to extend said utility lines as and when required herein, then each of the Company's deadlines or milestones set forth in this Agreement shall be extended for an amount of time equal to the number of days after July 1, 2004, through the date when the Town or County actually completes its work. 6 2 B. Not later than August 1, 2004, the Town and County will complete construction of an industrial access road from Hardy Road to the property Iine of the Plant Site (the "Industrial Access Road"). The Industrial Access Road shall be constructed to VDOT standards, provided that application of the final wear course of asphalt shall not be required by the July 1, 2004 deadline and may be deferred for up to one-year thereafter. The Company's apportioned share of the Industrial Access Road construction costs shall not exceed $253,000, payable out of New Local Tax Revenues as provided in Section 3.A. below. If the Town and the County fail to construct the Industrial Access Road as and when required herein, then each of the Company's deadlines or milestones set forth in this Agreement shall be extended for an amount equal to the number of days after August 1, 2004, through the date when the Town or County completes its work. C. Pursuant to that certain Purchase and Option Agreement dated November , 2003, (the "Purchase Agreement") the Town has agreed to sell to the Company approximately 25.3 acres of the Property (the "Plant Site") and has granted the Company the option to purchase approximately 18.538 acres of the Property (the "Expansion Property"). The Plant Site and the Expansion Property are more specifically shown as Lot 3 and Lot 2, respectively, on the proposed survey of Vinton Business Center, which is attached hereto and incorporated herein by reference as Exhibit A. D. The County has applied to the Commonwealth of Virginia and will use its best efforts to secure a grant of up to $300,000 from the Governor's Opportunity Fund ("GOF") on behalf of the Company. The Town, County, and the Authority acknowledge that any GOF funds are for the sole use and benefit of the Company for this Project, subject to any reasonable 3 conditions, requirements and obligations imposed on the GOF funds in connection with such grant. E. The County or the Authority shall support, as necessary, the Company's application to the Division of Business Assistance for reimbursement to the Company of up to $120,000 for workforce services and training, subject to the rules of that program. 2. Site Development by the Company. A. The Company will cause the following improvements to be made, subject to obtaining ordinary and necessary municipal and governmental approvals from the Town, County, and any other governmental agency: (1) Pursuant to the Purchase Agreement, the Company will acquire the Plant Site from the Town at a price of Ten Thousand ($10,000) per acre within approximately 180 days of the date of the Purchase Agreement. (2) The Company shall construct a 220,000 square foot manufacturing facility on the Plant Site, install new or relocated equipment therein, and provide employment at the Plant Site (the "Phase I Development"). The Company shall use its best efforts to enter into a construction contract for these improvements and to initiate construction of the building at the Plant Site within six (6) months after the date of this Agreement and shall use commercially reasonable efforts to complete construction of the Phase I Development as evidenced by the issuance of a Certificate of Occupancy within eighteen (18) months after the date of this Agreement. The Company's Phase I Development will result in a minimum investment by the Company of $23,900,000, and the Phase I Development will employ at least 200 people within 36 months after the transfer of GOF grant funds as provided in Section 1.D.; provided that for 0 0 M ZZ C good cause shown and with the approval of the Commonwealth of Virginia, the County and Town may grant an extension for performance of an additional six (6) months. 3. Procedures for the reimbursement of Authority funds to the Companv. A. Within 12 months after the date of this Agreement, the Town and County shall appropriate annually a sum sufficient to the Authority as an Economic Development Incentive Grant to the Company. These annual appropriations shall be made from five years of "new local tax revenues." The term, "New Local Tax Revenues," means the total of local real estate taxes and machinery and tools taxes generated annually by the Phase I Development, less amounts apportioned to the Company for: (a) the costs of water and sewer lines construction and connection fees as set forth in Paragraph LA and (b) the costs of constructing the industrial access road as set forth in Paragraph 1.13, which amount of New Local Tax Revenues will be applied to payment of such costs apportioned to the Company. It is estimated that the amount of the Economic Development Incentive Grant, after such deductions, will total $604,230. The Authority, upon receipt of the appropriation of funds from the Town and County, will award an Economic Development Incentive Grant to the Company for the construction of the Company's improvements and facilities and new employment, after the deductions described above. Such payments will be made over a five (5) year period in accordance with this Agreement. The five-year period will commence when a final occupancy pernzit is issued for the Phase I Development and after the inspection and acceptance thereof by the County and/or the Commonwealth of Virginia, which shall occur not more than 60 days thereafter. B. Within sixty (60) days of the end of each calendar year, the Company shall provide such employment, financial and tax revenue data relating to the Phase I Development as may be reasonably required by the Authority so that the Authority may calculate the actual 6 5 reimbursement amounts. The Authority shall pay the annual reimbursement amount to the Company at an address designated by the Company within thirty (30) days after receipt by the Authority of the data. C. If the Company terminates this Project or fails to construct the Phase I Development within three (3) years of the date of this Agreement, then the Authority shall be relieved of any obligation to the Company for any Economic Development Incentive Grant. Provided that the Town, County, or Authority are not in default under the terms of this Agreement, in the event of termination, the Company will reimburse the Town, County, and the Authority for actual out-of-pocket costs as of the date of termination for utility relocation up to the amount set forth in Paragraph LA and the Company's apportioned costs in constructing the Industrial Access Road up to the amount set forth in Paragraph I.B. D. If the Phase I Development fails to generate the New Local Tax Revenues in the total cumulative amount of Eight Hundred and Ninety Thousand Dollars ($890,000.00) by December 31, 2009, the Company shall reimburse the Authority an amount equal to the difference between the actual New Local Tax Revenues payments actually made by the Company attributable to the Phase I Development and the total amount of Economic Development Incentive Grant actually paid to the Company, if greater than the New Local Tax Revenues payments made by the Company. This reimbursement shall be paid within sixty days of the end of the calendar year 2009, but no later than March 1, 2010. E. If the Phase I Development fails to generate 90% of the required 200 full- time employees ("full time employee" being defined as an employee scheduled for the Company's normal work week and eligible for Company benefits) within 36 months after the date when GOF grant funds as described in Paragraph 1. D. are transferred (subject to possible e Cel ems°" extension as described in said Paragraph l.D.), then the Company shall pay the Town the sum of $1,500 multiplied times the difference between (a) the actual number of full time employees at the Plant Site as of such time, and (b) said required 200 full-time employees. 4. The Company shall have the right to assign this Agreement to a separate entity provided that any such assignment shall not relieve the Company of its obligations herein. 5. If any party is unable to perform its commitments under this Agreement by reason of force majeure, then that party shall not be deemed to be in default of its obligations under this Agreement, and any deadlines for the performance of its obligations and, if applicable, the deadlines for the performance of the other party's obligations shall be extended for a time equal to the time period of the force majeure event, plus ten days. For example, if the Town or County shall fail to install utilities or roads to the Plant Site prior to July 1, 2004, the Company's deadlines for construction and employment shall be extended for a like period of time. The term "force majeure" as used herein, shall include without limitation acts of God, such as hurricanes, floods, fire, tornadoes, earthquakes, and storms; strikes or other industrial disturbances; unavailability of materials; acts of public enemies; orders of governmental authorities; insurrections; riots; and epidemics. 6. This Agreement shall be governed by and all disputes related hereto shall be determined in accordance with the laws of the Commonwealth of Virginia. IN WITNESS WHEREOF, the undersigned have executed this Agreement the day and year first above written. 6 BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA Elmer C. Hodge, County Administrator 6 7 INDUSTRIAL DEVELOPMENT AUTHORITY OF ROANOKE COUNTY Chairman Seen: County Attorney STATE OF VIRGINIA ) )ss COUNTY OF ROANOKE ) The foregoing instrument was acknowledged before me this day of , 2003, by Elmer C. Hodge, Jr., on behalf of the Board of Supervisors for Roanoke County, Virginia. Notary Public My Commission expires: STATE OF VIRGINIA ) )ss COUNTY OF ROANOKE ) The foregoing instrument was acknowledged before me this day of 2003, by Chairman of the Industrial Development Authority of Roanoke County, Virginia. Notary Public My Commission expires: —/—/. 6 M. TOWN OF VINTON By: Its: STATE OF VIRGINIA ) )ss COUNTY OF ) The foregoing instrument was acknowledged before me this 2003, by , as the Town of Vinton, Virginia. Notary Public My Commission expires: —/—/ CARDINAL IG COMPANY By: Its: STATE OF )ss COUNTY OF ) The foregoing instrument was acknowledged before me this 2003, by as Cardinal IG Company. Notary Public My Commission expires: 6 day of of day of of EXHIBIT A oil e 6 10 j MENUM OF VNM4A STATE PLANE - S1^'tEIA NAO 43 - SOU7N ZONE ei 1s A 51 6 10 j CERTIFICATE The undersigned Clerk of the Board of Supervisors of Roanoke County, Virginia (the "Board"), hereby certifies as follows: 1. A regular meeting of the Board was held on November 18, 2003, at which meeting the following duly elected members were present or absent: PRESENT: Joseph McNamara Richard Flora Michael W. Altizer H. Odell Minnix Joseph "Butch" B. Church ABSENT: None Attached hereto is a true, correct and complete copy of Resolution 111803-4 adopted by a majority of the members of the Board present and voting at such meeting. 2. The resolution has not been repealed, revoked, rescinded or amended, and is in full force and effect on this date and constitutes the only resolution adopted by the Board relating to the issuance by the Industrial Development Authority of Roanoke County, Virginia, of its revenue bonds for the benefit of The Glebe, Inc. WITNESS the following signature this 18th day of November 2003. [SEAL] 1416A, W�Ojln) Diane S. Childers, Clerk Board of Supervisors of Roanoke County, Virginia AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, NOVEMBER 18, 2003 A RESOLUTION 111803-4 OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA APPROVING THE ISSUANCE OF REVENUE BONDS BY THE INDUSTRIAL DEVELOPMENT AUTHORITY OF ROANOKE COUNTY VIRGINIA, IN AN AGGREGATE AMOUNT NOT TO EXCEED $57,500,000 FOR THE BENEFIT OF THE GLEBE, INC. WHEREAS, The Glebe, Inc. (the "Corporation"), a not-for-profit Virginia nonstock corporation, has requested the Industrial Development Authority of Roanoke County, Virginia (the "Authority"), to issue its revenue bonds, in one or more series from time to time, in an amount not to exceed $57,500,000 (the "Bonds") pursuant to the Industrial Development and Revenue Bond Act, Chapter 49, Title 15.2, Code of Virginia of 1950, as amended (the "Act"), and the Authority on October 22, 2003, adopted an inducement resolution with respect to the issuance of the Bonds; and WHEREAS, the proceeds of the Bonds will be used to finance the acquisition, construction, equipping and furnishing of an approximately 350,000 square foot facility and related single family cottages for the residence and care of the aged located in Botetourt County, Virginia (the "Project"); and WHEREAS, the Project includes, but is not limited to, the construction and equipping of approximately 133 independent living apartments, 19 single family cottages, a 32 -bed private room nursing home, a 32 -unit assisted living facility and community center space; and WHEREAS, the Authority on November 6, 2003, has held a public hearing on the issuance of the Bonds and the Authority has recommended that the Board of Supervisors (the "Board") of Roanoke County, Virginia (the "County") approve the issuance of the Bonds to comply with the Act and Section 147(f) of the Internal Revenue of 1986, as amended (the "Code"); and WHEREAS, a copy of the Authority's resolution of November 6, 2003, recommending the issuance of the Bonds, a record of the public hearing and a fiscal impact statement with respect to the issuance of the Bonds have been filed with the Board. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA: 1. That the Board hereby approves the issuance of the Bonds by the Authority to the extent required by Section 147(f) of the Code and the Act. 1 2. That the approval of the issuance of the Bonds does not constitute an endorsement of the Bonds or the creditworthiness of the Corporation or an endorsement of the Project, to a prospective purchaser of the Bonds. As required by the Act, the Bonds shall provide that neither the County nor the Authority shall be obligated to pay the Bonds or the interest thereon or other costs incident thereto, and neither the faith and credit nor the taxing power of the Commonwealth of Virginia, the County or the Authority shall be pledged thereto. 3. That the County, including its elected representatives, officers, employees, and agents shall not be liable and hereby disclaims all liability for any losses of the Corporation or for damages to the facilities of the Corporation, including the Project, direct or consequential, resulting from the Authority's failure for any reason to act. 4. That this Resolution shall take effect on and after November 18, 2003. On motion of Supervisor McNamara to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara NAYS: None A COPY TESTE: b� L Si iAb Diane S. Childers Clerk to the Board of Supervisors cc: File Doug Chittum, IDA Secretary/Treasurer Ed Natt, IDA Legal Counsel Diane Hyatt, Chief Fiancial Officer Paul Mahoney, County Attorney Rebecca Owens, Director, Finance AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, NOVEMBER 18, 2003 RESOLUTION 111803-5 ADOPTING A LEGISLATIVE PROGRAM FOR THE 2004 SESSION OF THE VIRGINIA GENERAL ASSEMBLY, AND PETITIONING THE GENERAL ASSEMBLY TO FAVORABLY CONSIDER THE TOPICS AND ISSUES ADDRESSED HEREIN WHEREAS, the Board of Supervisors of Roanoke County, Virginia, has identified major legislative issues of state-wide concern to be considered by the 2004 session of the Virginia General Assembly; and WHEREAS, the Board adopts this resolution as its Legislative Program for the 2004 session of the Virginia General Assembly. NOW, THEREFORE, Be It Resolved by the Board of Supervisors of Roanoke County, Virginia, that the following legislative initiatives are submitted for its legislative program for the 2004 session of the Virginia General Assembly for its favorable consideration and adoption. 1) Approve an amendment to the Roanoke County Charter as follows: Sec. 2.02 - Taxing powers. - In addition to the powers granted by other sections of the charter and general law, the county shall have the additional power to levy and collect taxes on cigarettes and tobacco products, pursuant to Section 58.1-3832 of the Code of Virginia. 2) Support the JLARC recommendations to address the shortfall in state funding for K-12 education and to fully fund the state Board of Education proposals. The estimated annual cost of funding both the JLARC recommendations and Board of Education proposals is $870 Million. 3) Support tax restructuring that grants localities additional revenue authority and increases local revenue diversification. 4) Support amending Sec. 15.2-1716 (reimbursement of expenses, DUI incidents) to increase the flat fee from $100 to $500, and to assess this fee as part of the court costs in the criminal/traffic proceedings. 5) Support additional state funding for transportation, and in particular, funding for improvements to 1-81. 6) Support legislation that would fund the Smart Road project from statewide funds instead of from the Salem District. This project represents an economic benefit to the entire Commonwealth, therefore funding should not come solely from this region's highway allocation. 7) Oppose revisions to a merged state/local telecommunications tax that would be collected by the state and redistributed back to localities; oppose telecommunications tax reform that is not part of a comprehensive tax restructuring program; oppose efforts to reduce the amount or control of local governments over the E-911 tax. 8) Oppose the proposal to impose a state surcharge on tipping fees for each ton of solid waste received by any municipal solid waste disposal facility, or a state surcharge on water usage. 6 2 9) Support amending Section 9.1-106 to allow Roanoke County to charge a processing fee in criminal or traffic proceedings to support a criminal justice training academy. That the Clerk to the Board of Supervisors is directed to send a certified copy of this resolution to Senator John S. Edwards, Senator Brandon Bell, Delegate H. Morgan Griffith, Delegate Onzlee Ware, Delegate William Fralin; Mary F. Parker, Roanoke City Clerk; Members of the Roanoke City Council; Forest Jones, Clerk for Salem City Council; Members of the Salem City Council; Clerk for the Town of Vinton; Members of the Vinton Town Council and the Roanoke Valley -Alleghany Regional Commission, and the Virginia Association of Counties. On motion of Supervisor McNamara to adopt the resolution as amended: Page 2, Item 4, Support amending Sec. 15.2-1716 (reimbursement of expenses, DUI incidents) to increase the flat fee from $100 to $2-50 $500, and to assess this fee as part of the court costs in the criminal/traffic proceedings. The motion carried by the following recorded vote: AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara NAYS: None A COPY TESTE: Diane S. Childers Clerk to the Board of Supervisors 6 3 cc: File The Honorable Morgan Griffith, Delegate The Honorable Onzlee Ware, Delegate -Elect The Honorable William Fralin, Delegate -Elect The Honorable John S. Edwards, Senator The Honorable Brandon Bell, Senator -Elect The Honorable Bruce F. Jamerson, Clerk of the House of Delegates The Honorable Susan Clarke Schaar, Clerk of the Senate Paul M. Mahoney, County Attorney Pete Geisen, Special Assistant for Legislative Relations Mary F. Parker, Clerk, Roanoke City Council Roanoke City Council, Members Forest Jones, Clerk for Salem City Council Salem City Council, Members Carolyn S. Ross, Clerk, Vinton Town Council Vinton Town Council, Members Wayne Strickland, Executive Director, Roanoke Valley -Alleghany Regional Commission James D. Campbell, Executive Director, Virginia Association of Counties I hereby certify that the foregoing is a true and correct copy of Resolution 111803-5 adopted by the Roanoke County Board of Supervisors by a unanimous recorded vote on Tuesday, November 18, 2003. Brenda J. Holton, Deputy Clerk Roanoke County Board of Supervisors 0 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, NOVEMBER 18, 2003 RESOLUTION 111803-6 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM J - CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the certain section of the agenda of the Board of Supervisors for November 18, 2003, designated as Item J - Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 through 8, inclusive, as follows: 1. Approval of minutes - October 17, 2003 2. Request from schools to accept and appropriate student achievement grant funds in the amount of $12,179 for fiscal year 2004 3. Request from schools to appropriate funds in the amount of $115,397 for student laptop fees 4. Request from schools to accept and appropriate drug-free communities grant in the amount of $99,956 from the Office of Juvenile Justice and Delinquency Prevention 5. Request to accept Roselawn Court into the State Secondary System 6. Resolution authorizing the application, acceptance and appropriation of grants in the amount of $227,527 from the Office of Domestic Preparedness State Homeland Security Grant Program for the cost associated with terrorism related preparedness and response 7. Request to accept and appropriate Section 5311 grant monies totaling $122,888 from the Virginia Department of Rail and Public Transportation on behalf of Unified Human Transportation Services Inc. for the CORTRAN Program 8. Request to approve the donation of certain real estate for entrance improvements to the Vinton Business Center from Charles Dewey Mitchell, Vinton Magisterial District 6 1 2. That the Clerk to the Board is hereby authorized and directed where required by law to set forth upon any of said items the separate vote tabulation for any such item pursuant to this resolution. On motion of Supervisor Minnix to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara NAYS: None A COPY TESTE: Diane S. Childers Clerk to the Board of Supervisors cc: File Lorraine Lange, Assistant Superintendent of Instruction Dr. Linda Weber, School Superintendent Brenda Chastain, Clerk, School Board Rebecca Owens, Director, Finance Penny Hodge, CPA, Director, Budget & Finance JoAnn Burkholder, Student Assistant Administrator Arnold Covey, Director, Community Development Richard Burch, Chief of Fire & Rescue John Chambliss, Jr., Assistant County Administrator Paul Mahoney, County Attorney William Driver, Director, Real Estate Valuation e 2 ACTION NO. A -111803-6.a ITEM NO. J-2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: November 18, 2003 AGENDA ITEM: Request from schools to accept and appropriate student achievement grant funds in the amount of $12,179 for fiscal year2004 SUBMITTED BY: Lorraine S. Lange Assistant Superintendent of Instruction APPROVED BY: Elmer C. Hodge County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The state appropriation act for fiscal year 2004 authorized the transfer of money from the dropout prevention program to programs where schools can choose how to use the money. Roanoke County will receive $103,010, of which $90,831 was already included in the General Fund. The general fund should be increased by $12,179 to account 732020-1121. FISCAL IMPACT: There will be an additional appropriation of $12,179 for the student achievement grant. ALTERNATIVES: None STAFF RECOMMENDATION: Staff recommends acceptance and appropriation of $12,179 student achievement grant funds to be included in the General Fund. VOTE: Supervisor Minnix motion to approve staff recommendation Motion Approved cc: File Lorraine Lange, Assistant Superintendent of Instruction Dr. Linda Weber, School Superintendent Brenda Chastain, Clerk, School Board Rebecca Owens, Director, Finance i► Yes No Abs Mr. Flora ® ❑ ❑ Mr. Church ® ❑ ❑ Mr. Minnix ® ❑ ❑ Mr. Altizer ® ❑ ❑ Mr. McNamara ® ❑ ❑ cc: File Lorraine Lange, Assistant Superintendent of Instruction Dr. Linda Weber, School Superintendent Brenda Chastain, Clerk, School Board Rebecca Owens, Director, Finance i► ACTION NO. A -111803-6.b ITEM NO. J-3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: November 18, 2003 AGENDA ITEM: Appropriation of Student Laptop Fees SUBMITTED BY: Penny Hodge, CPA Director, Budget and Finance APPROVED BY: Elmer C. Hodge County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The Laptop Initiative, piloted in fiscal year 2002-2003 and implemented in fiscal year 2003- 2004, provides a laptop computer to all Roanoke County School 9th graders for use in school and at home. The cost to the students for participating in the program this year is $85. The student fee will be used to self -insure the laptop computers, purchase a carrying bag, and fund parts, batteries, paper and toner for the laptop program. The warranty on the laptop computers covers repairs for 4 years. Students are responsible for deductibles under the Dell warranty. The laptop computers also include the Dell Computrace feature which can trace missing computers and notify law enforcement. The combination of these features should significantly reduce the risk to the school system for damaged or stolen laptop computers. FISCAL IMPACT: The cost to insure the laptops has been quoted at approximately $40 per unit. By reserving this portion of the student fee, the school system could replace up to 43 stolen laptop computers in fiscal year 2003-2004, if not recovered by the security tracking feature. A portion of the annual student fee will continue to be reserved for future losses as the program is rolled out to the remaining high school grades. The student fee will be allocated as follows: Self-funded insurance reserve 878000-8603 $55,040 Minor equipment replacement 878000-6505 6,095 Bas 878000-5850 26,262 Supplies — toner, paper, cables 878000-6405 15,000 Small parts — Students 878000-6511 8,000 Small parts — teachers 878000-6512 5,000 Total expected student fees ❑ $115,397 STAFF RECOMMENDATION: Staff recommends appropriation of student fees of $115,397 to 878000-0439 for the uses outlined above in support of the laptop initiative. VOTE: Supervisor Minnix motion to approve staff recommendation Motion Approved cc: File Penny Hodge, CPA, Director, Budget & Finance Dr. Linda Weber, School Superintendent Brenda Chastain, Clerk, School Board Rebecca Owens, Director, Finance 2 Yes No Abs Mr. Flora ® ❑ ❑ Mr. Church ® ❑ ❑ Mr. Minnix ® ❑ ❑ Mr. Altizer ® ❑ ❑ Mr. McNamara ® ❑ ❑ cc: File Penny Hodge, CPA, Director, Budget & Finance Dr. Linda Weber, School Superintendent Brenda Chastain, Clerk, School Board Rebecca Owens, Director, Finance 2 ACTION NO. A -111803-6.c ITEM NO. J-4 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: November 18, 2003 AGENDA ITEM: Request from schools to accept and appropriate drug-free communities grant in the amount of $99,956 from the Office of Juvenile Justice and Delinquency Prevention SUBMITTED BY: JoAnn Burkholder Student Assistance Administrator APPROVED BY: Elmer C. Hodge County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: In March 2003, the Roanoke County Community/School Prevention Council applied for a drug-free communities grant from the Office of Juvenile Justice and Delinquency Prevention. This grant application embraces the March 2003 resolution adopted by the Roanoke County School Board and the Roanoke County Board of Supervisors supporting the Council's efforts to prevent alcohol, tobacco, and other substance use among the youth of Roanoke County. There were a total of 582 drug-free community grant applications from across the country, and Roanoke County was one of 183 award recipients. On October 2, 2003, representatives from the offices of Congressman Boucher and Senator Allen announced Roanoke County as the recipient of a $99,956 drug-free communities support program grant for the federal fiscal year 2003. The grant has the possibility of being renewed for up to five years. FISCAL IMPACT: Roanoke County schools serve as the fiscal agent for the grant at a reimbursement of 5% ($5,000) of the grant funds. STAFF RECOMMENDATION: Staff recommends accept and appropriation of drug-free community grant funds in the amount of $99,956 from the Office of Juvenile Justice and Delinquency Prevention. VOTE: Supervisor Minnix motion to approve staff recommendation Motion Approved cc: File JoAnn Burkholder, Student Assistant Administrator Dr. Linda Weber, School Superintendent Brenda Chastain, Clerk, School Board Rebecca Owens, Director, Finance 2 Yes No Abs Mr. Flora ® ❑ ❑ Mr. Church ® ❑ ❑ Mr. Minnix ® ❑ ❑ Mr. Altizer ® ❑ ❑ Mr. McNamara ® ❑ ❑ cc: File JoAnn Burkholder, Student Assistant Administrator Dr. Linda Weber, School Superintendent Brenda Chastain, Clerk, School Board Rebecca Owens, Director, Finance 2 THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, IN REGULAR MEETING ON THE 18TH DAY OF NOVEMBER, 2003, ADOPTED THE FOLLOWING: RESOLUTION 111803-6.d REQUESTING ACCEPTANCE OF ROSELAWN COURT INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY SYSTEM WHEREAS, the street described on the attached Addition Form SR -5(A), fully incorporated herein by reference are shown on plats recorded in the Clerk's Office of the Circuit Court of Roanoke County, and WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised this Board the streets meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation, WHEREAS, the County and the Virginia Department of Transportation have entered into an agreement on March 9, 1999 for comprehensive stormwater detention which applies to this request for addition, NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia Department of Transportation to add the streets described on the attached Additions Form SR -5(A) to the secondary system of state highways, pursuant to §33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements, and BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts, fills and drainage, and BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the resident Engineer for the Virginia Department of Transportation. Recorded Vote Moved By: Supervisor Minnix Seconded By: None Required Yeas: Supervisors Flora, Church, Minnix, Altizer, McNamara Nays: None A Copy Teste: Diane S. Childers Clerk to the Board of Supervisors cc: File Arnold Covey, Director, Department of Community Development Virginia Department of Transportation I hereby certify that the foregoing is a true and correct copy of Resolution 111803-6.d adopted by the Roanoke County Board of Supervisors by a unanimous recorded vote on November 18, 2003. Brenda J. Holton, CMC Deputy Clerk CIL, a 0. ao :L c to 4 CL ROANOKE COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT roselcwn court Acceptance of Roselawn Court into the Virginia Department of Tranportation Secondary System. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, NOVEMBER 18, 2003 RESOLUTION 111803-6.e DESIGNATING THE APPLICANTS AGENT, THE ACCEPTANCE OF THE GRANT AND APPROPRIATION OF GRANT MONIES BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia that Elmer Hodge, County Administrator or his designee, is hereby authorized to execute for and in behalf of the Roanoke County, a public entity established under the laws of the State of Virginia, this application and to file it in the appropriate State Office for the purpose of obtaining certain Federal financial assistance under the ODP, State Homeland Security Grant Program(s), administered by the Commonwealth of Virginia. That, the Roanoke County, a public entity established under the laws of the Commonwealth of Virginia, hereby authorizes it agent to provide to the Commonwealth and to the Office of Domestic Preparedness (ODP) for all matters pertaining to such Federal financial assistance any and all information pertaining to these Grants as may be requested. FURTHER, the Board of Supervisors of Roanoke County authorizes the acceptance of said grant monies in the amount of $227.527.00 and authorizes the appropriation of said monies for the purposes authorized in the grant application. On motion of Supervisor Minnix to adopt this resolution and passed and approved this 18th day of November, 2003 by the following vote: AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara NAYS: None cc: File Richard E. Burch Rebecca Owens, A COPY TESTE: A//-? I Q ) ( � . 41 ////�, /I ) Diane S. Childers Clerk to the Board of Supervisors Chief of Fire and Rescue Director of Finance CERTIFICATION I hereby certify that the foregoing is a true and correct copy of R -111803-6.e adopted by the Roanoke County Board of Supervisors by a unanimous recorded vote on Tuesday, November 18, 2003. Brenda J. Holton, Deputy Clerk Roanoke County Board of Supervisors ACTION NO. A -111803-6.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: November 18, 2003 AGENDA ITEM: Request to accept and appropriate Section 5311 grant monies totaling $122,888 from the Virginia Department of Rail and Public Transportation on behalf of Unified Human Transportation Services Inc. for the CORTRAN Program SUBMITTED BY: John M. Chambliss, Jr. Assistant County Administrator APPROVED BY: Elmer C. Hodge County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: For the past few years, Unified Human Transportation Services, Inc., who operates the CORTRAN program on behalf of Roanoke County, has applied for and been awarded grants from the Virginia Department of Rail and Public Transportation. These grants help with capital costs and also provide some of the operating monies for the CORTRAN service for Roanoke County. The grant for FY 2003 — 2004 includes the following items: CAPITAL: Two Vans State Amt. $ 95,000 Local Amt. 5,000 Total $100,000 OPERATING: Operating monies for CORTRAN in the rural portion of the County State Amt. $ 22,888 The local match for these grant programs will be provided by Unified Human Transportation Services, Inc. This is a pass-through grant where Roanoke County is the named agent on behalf of the CORTRAN program. FISCAL IMPACT: The County needs to accept and appropriate the above pass-through grant monies and forward them to Unified Human Transportation Services, Inc. They will be responsible for all administration efforts of this grant. The local match is provided by Unified Human Transportation Services, Inc. and no local monies are required. RECOMMENDATIONS: Accept and appropriate the two grants in the amounts of $100,000 for capital and $22,888 for operating monies from the Virginia Department of Rail and Public Transportation on behalf of Unified Human Transportation Services, Inc. No new local monies are required. VOTE: Supervisor Minnix motion to approve staff recommendation Motion Approved cc: File John Chambliss, Jr., Assistant County Administrator Rebecca Owens, Director, Finance 2 Yes No Abs Mr. Flora ® ❑ ❑ Mr. Church ® ❑ ❑ Mr. Minnix ® ❑ ❑ Mr. Altizer ® ❑ ❑ Mr. McNamara ® ❑ ❑ cc: File John Chambliss, Jr., Assistant County Administrator Rebecca Owens, Director, Finance 2 ACTION NO. A -111803-6.g ITEM NO. J-8 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: November 18, 2003 AGENDA ITEM: Acceptance of the donation of certain real estate for entrance improvements to the Vinton Business Center from Charles Dewey Mitchell, Vinton Magisterial District SUBMITTED BY: Paul M. Mahoney County Attorney COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: This consent agenda item involves the acceptance of the following real estate for entrance improvements to the Vinton Business Center in the Vinton Magisterial District conveyed to the Board of Supervisors of Roanoke County, Virginia. a) Donation of 0.099 acres, together with a temporary construction easement of 0.044 acres, from Charles Dewey Mitchell (DB1117, page 172); Tax Map No. 71.07-1-45 as shown on a plat prepared by Mattern & Craig, Inc. dated 12/6/01, revised 12/19/01. STAFF RECOMMENDATION: Staff recommends acceptance of the donation of this real estate and that the County Administrator, or Assistant County Administrator, be authorized to execute such documents as may be necessary to accomplish this acceptance. VOTE: Supervisor Minnix motion to approve staff recommendation Motion Approved cc: File Paul Mahoney, County Attorney William Driver, Director, Real Estate Valuation Arnold Covey, Director, Community Development Doug Chittum, Director, Economic Development 2 Yes No Abs Mr. Flora ® ❑ ❑ Mr. Church ® ❑ ❑ Mr. Minnix ® ❑ ❑ Mr. Altizer ® ❑ ❑ Mr. McNamara ® ❑ ❑ cc: File Paul Mahoney, County Attorney William Driver, Director, Real Estate Valuation Arnold Covey, Director, Community Development Doug Chittum, Director, Economic Development 2 5lj b z� S74'27'15"E 13.99` LEQFNQ OE OVERHEAD ELECTRIC LINE 0 POWER POLE Z PROPERTY LINE R/W RIGHT OF WAY LINE Charles Ds,Wsy Mitchell D.B. 1117, PC. 172 Tax # 71.07-01-45 2.586 Acres (Dssd) -0,099 A rsg.(R/W� 7.d66 Acres (N80 w 0 u i o► 0.044 Ac. Temporary i Construction Easement Vgin c "k x 0 c a z 5719' 5,.E 42. { { 1 I '-11.82' TEMPLE DRIVE SHADED AREA DENOTES STREET RIGHT-OF-WAY TO 6E ACOUIR€D.` PERMANENT STREET RIGHT-OF-WAY AREA - 4,301 SO. FT. (0.099 AC.) HATCHED AREA DENOTES TEMPORARY CONSTRUCTION EASEMENT. TEMPORARY CONSTRUCTION EASEMENT AREA - 1910 SO. FT. (0.044 AC.) OF `� .p�, STREET RIGHT-OF-WAY AND TEMPORARY CONSTRUCTION EASEMENT ,. BEING GRANTED TO UDAVID A. PERfATER> ROANOKE COUNTY No. 1847 BY CHARLES DEWEY MITCHELL �C MO$E�' ROANOKE COUNTY. VIRGINIA 1,0V MMATTERN do CRAIG, INC. SCALE: 1'" - 4� 0' - REY:.12/19/01 e 701 FIRST STREET 6 ROANOKE, VIRGINIA 24016 DATE: DEC. 6. 2001 TELEPHONE (540)345-9342 TAX NO, 71.07-01-45 R:\SURVEY\1455A\DWG\PLATS\71.07-01-45.DWG AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, NOVEMBER 18, 2003 RESOLUTION 111803-7 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 McNamara to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara NAYS: None A COPY TESTE: 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, TUESDAY, NOVEMBER 18, 2003 ORDINANCE 111803-8 TO CHANGE THE ZONING CLASSIFICATION OF A .81 -ACRE TRACT OF REAL ESTATE LOCATED AT 2415 ELECTRIC ROAD (TAX MAP NO. 76.11-3-77) IN THE WINDSOR HILLS MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF R-1 TO THE ZONING CLASSIFICATION OF C-1 WITH CONDITIONS UPON THE APPLICATION OF JEFFREY GLICK WHEREAS, the first reading of this ordinance was held on October 28, 2003, and the second reading and public hearing were held November 18, 2003; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on November 4, 2003; 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 .81 - acre, as described herein, and located at 2415 Electric Road (Tax Map Number 76.11-3- 77) in the Windsor Hills Magisterial District, is hereby changed from the zoning classification of R-1, Low Density Residential District, to the zoning classification of C-1, Office District, with conditions. 2. That this action is taken upon the application of Jeffrey Glick. 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) Development of the site shall be in substantial conformity to the Concept Plan provided to the Planning Commission, dated November 4, 2003, attached hereto as Exhibit A. (2) Use shall be limited to general office. 4. That said real estate is more fully described as follows: BEGINNING at a point in the Cave Spring Road (VA Route 419) at about one mile northwest of Cave Spring the northeast corner of the property of J. T. Engleby (formerly Charlotte Temple property); thence with the northerly line of the Engleby property S. 530 43' W. passing an iron pipe at 19 feet and following the existing boundary line fence, in all a total distance of 392.4 feet to a point in the centerline of a branch; thence up said branch, N. 500 24' W. 115.49 feet to a point; thence leaving said branch and with a new division line through and across the property of Margie C. Wilson, N. 530 43' E. 434.06 feet to a point in the Salem -Cave Spring Road; thence along said road, S. 290 25' 30" E. 112.81 feet to the Place of Beginning, containing 1.06 acres, more or less, as shown on plat prepared by C. B. Malcolm, SCE, dated April 12, 1934. 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 McNamara to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara NAYS: None A COPY TESTE: L_ 10 -) i - 4111�w) Diane S. Childers Clerk to the Board of Supervisors cc: File Arnold Covey, Director, Community Development Janet Scheid, Chief Planner William Driver, Director, Real Estate Valuation Paul Mahoney, County Attorney 2 Parft vacatec 1Pentpa� 7 c 13. s 1,4. _ 4 47aV 7J5 4 47°9 Dr p(oodlel —_ 4930 4757 23 J 1� ice. 41W T ro 4736 21. 36, 2AO Ac.(D)) 211 Ao.(C) r; 3' Mar 4 J r 53. � 475_1. 4T27 52. zs4o 4776 18. 6 r -19 -- ROANOKE COUNTY Applicants name: Jeffrey Chick DEPARTMENT OF Zoning: Rezoning from R1 to Cl COMMUNITY DEVELOPMENT Tax Map No. 76.11-3--77 6 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, NOVEMBER 18, 2003 ORDINANCE 111803-9 TO CHANGE THE ZONING CLASSIFICATION OF A 1.88 -ACRE TRACT OF REAL ESTATE LOCATED ON EAGLE CREST DRIVE (PART OF TAX MAP NOS.98.01-3-99, 27, 31) IN THE CAVE SPRING MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF 1-2 TO THE ZONING CLASSIFICATION OF AR UPON THE APPLICATION OF BUCK MOUNTAIN LAND, LLC WHEREAS, the first reading of this ordinance was held on October 28, 2003, and the second reading and public hearing were held November 18, 2003; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on November 4, 2003; 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 . ollows: 1. That the zoning classification of a certain tract of real estate containing 1.88 - acres, as described herein, and located on Eagle Crest Drive (Part of Tax Map Numbers 98.01-3-99, 27, 31) in the Cave Spring Magisterial District, is hereby changed from the zoning classification of 1-2, Industrial District, to the zoning classification of AR, Agricultural/Residential District. 2. That this action is taken upon the application of Buck Mountain Land, LLC. 3. That said real estate is more fully described as follows.- BEGINNING ollows: BEGINNING at Point A, thence S. 640 14'01 " E. 110.00 feet to Point B; thence S. 440 56'31" E. 161.18 feet to Point C; thence S. 480 46'25" W. 235.00 feet to Point D; thence S. 620 38'50" W. 103.68 feet to Point E; thence N. 390 49'53" W. 237.30 feet to Point F; thence N. 480 46' 25" E. 276.44 feet to Point A, the Place of Beginning, and containing 1.88 acres, more or less, as shown on a plat prepared by Lumsden Associates, P.C. dated September 19, 2003, and attached hereto as Exhibit A. 4. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed to amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. On motion of Supervisor Minnix to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara NAYS: None A COPY TESTE: -L�H j I. I&LQ2 Diane S. Childers Clerk to the Board of Supervisors cc: File Arnold Covey, Director, Community Development Janet Scheid, Chief Planner William Driver, Director, Real Estate Valuation Paul Mahoney, County Attorney 0 V �N 111( A `DONYOx WOJ'DdN3O5Wf11NTlIVW IItlW 3 BLObZ diNIOHIA •3XONdOb 9 J -b661 °M: Sbb6'ZLL 10451 :Xdd . 6990Z XOX013'O'd S?131NV'(d-S�101.3A21f1S-S2{33t�l�l�i3 ' •L �,� Bb5 LLbb-bLL l0b5I3NOHd MS'3(7N3Ad N01310WdN8 0'994 '�d �S�id��oss� u3asvNnl EOOZ'61 Ii38W31d3S u�a �CC ry <2 4 M w Q LL cL E" � -� I¢ p24 O CQ O2 Q:CL N Li Cc 2 W to U' N U' OLJ 04 Q 2 W L—+ mLu CE 4�D e o 1z1 ¢Q cL oz a V ZU o N co Z . djNEnNa i '�+•� aW �Wyy Lt C qo+oN �a U�j� z<����a 3y�ma �a�j2 � Q O QO ME a � H � y � E-" � a qQ W .e N � i •r �ri �c r: n5 � .�- -- — — — -- -._ � _ �-��/ / i'' 10 a OL \ $ / LL/ Cl %b'ce a o 221 ' "& '� a �P moo_ � a �i� Owl U OT na R ,►rnct ,xtiu / ,Dozer a Ci a=�m� e e ROANOKE COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT Applicants C/0 Don Day Zoning: Rezoning From 12 TO AR Tax Map No. 98.01-3-99,27,31 0 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMNISTRATION CENTER ON TUESDAY, NOVEMBER 18, 2003 ORDINANCE 111803-10 DECLARING A PARCEL OF REAL ESTATE TO BE SURPLUS AND DONATING SAME TO HABITAT FOR HUMANITY, NAMELY PROPERTY LOCATED ON EAST CLEVELAND AVENUE (TAX MAP NO. 60.16-9-10) BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That pursuant to the provisions of Section 16.01 of the Charter of Roanoke County, the subject property, having been made available for other public uses before permitting disposition by sale or donation, is hereby declared to be surplus; and 2. That a public notice regarding the donation of this surplus real estate was advertised in the Roanoke Times & World News on November 4 and November 11, 2003; and 3. That pursuant to the provisions of Section 18.04 of the Charter of Roanoke County, a first reading of this ordinance was held on October 28, 2003, and the second reading and public hearing were held on November 18, 2003, concerning the donation to Habitat for Humanity of the following parcel of real estate identified as: Tax Map No. 60.16-9-10 4. That the County Administrator or any Assistant County Administrator is hereby authorized to execute such documents and take such actions on behalf of Roanoke County as are necessary to accomplish the conveyance of said property, all of which will be on form approved by the County Attorney. 5. That this ordinance will be effective on and from the date of its adoption. On motion of Supervisor Altizer to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara NAYS: None A OPY TESTE: 0 Aml-) Diane S. Childers Clerk to the Board of Supervisors cc: File Brenda Chastain, Clerk, School Board Carolyn Ross, Clerk, Vinton Town Council Paul Mahoney, County Attorney William Driver, Director, Real Estate Valuation Arnold Covey, Director, Community Development Rebecca Owens, Director, Finance Oil