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HomeMy WebLinkAbout5/26/1992 - Adopted Board RecordsAT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MAY 26, 1992 RESOLUTION 52692-1 OF APPRECIATION AND CONGRATULATIONS TO ROANOKE APPALACHIAN TRAIL CLUB UPON ITS 60TH ANNIVERSARY WHEREAS, the Appalachian Trail is a 2,100 mile long National Scenic Trail, which runs from Georgia to Maine; and WHEREAS, 20 miles of the Appalachian Trail passes through Roanoke County, from Cove Mountain to Tinker Mountain, and this section contains two of the top attractions along the trail, Dragon's Tooth and McAfee's Knob; and WHEREAS, the upkeep, maintenance and improvement of the Trail is almost entirely provided by private clubs under the guidance of the Appalachian Trail Conference; and WHEREAS, the Roanoke Appalachian Trail Club is responsible for caring for a 113 mile section of the Appalachian Trail, from Bland County in the south, to Botetourt County in the north, and has added a variety of improvements to the trail, including shelters, foot bridges, and the McAfee's Knob parking area on Virginia 311; and WHEREAS, the Roanoke Appalachian Trail Club was founded in 1932, and is celebrating its 60th Anniversary, with a membership of over 200 people. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, on its own behalf and on behalf of the people from around the world who hike the Appalachian Trail each year, does hereby extend its appreciation to the ROANOKE APPALACHIAN TRAIL CLUB for its care and concern for this national treasure since 1932; and further BE IT RESOLVED, that the Board of Supervisors does hereby extend congratulations to the Club on the occasion of its 60th Anniversary. On motion of Supervisor Nickens to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy, NAYS: None A COPY TESTE: —3V Mary H. Allen, Clerk cc: File Roanoke County Board of Supervisors Resolutions of Appreciation File Director, Parks & Recreation Department AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MAY 26, 1992 RESOLUTION 52692-2 IN SUPPORT OF THE INCLUSION OF ROANOKE COUNTY IN THE APPALACHIAN REGIONAL COMMISSION. WHEREAS, the Appalachian Regional Commission (ARC) was formed in 1965 to enhance the economic development and the quality of life of the of the people in the Appalachian area of the United States; and WHEREAS, ARC, through its federal, state and local partnership, has pursued its mission in a very effective manner by supporting local economic development projects and could be of great assistance to Roanoke County in its economic development efforts; and WHEREAS, the ARC region currently includes three counties adjacent to Roanoke County and these communities have close economic and social ties with Roanoke County; and WHEREAS, Roanoke County has significant economic linkages with the counties and cities in the ARC region of western/southwestern Virginia and southeastern West Virginia; and WHEREAS, Roanoke County's ability to promote industrial growth within this region of the Commonwealth of Virginia could be greatly enhanced by participation in the ARC; and WHEREAS, Roanoke County recognizes the need to approach economic development from a regional perspective. NOW, THEREFORE BE IT RESOLVED that Roanoke County, Virginia, requests Congressman Jim Olin and Congressman Rick Boucher to pursue the inclusion of Roanoke County as a member of the Appalachian Regional Commission. On motion of Supervisor Nickens to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy, NAYS: None A COPY TESTE: Mary H. Allen, Clerk Roanoke County Board of Supervisors cc: File Timothy W. Gubala, Director, Economic Development Wayne Strickland, Executive Director, Fifth Planning District Commission The Honorable Jim Olin, U.S. Representative The Honorable Rick Boucher, U.S. Representative ACTION NUMBER A-52692-3 ITEM NUMBER AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: May 26, 1992 SUBJECT: Request for Acceptance of Grant for Repair to Fire Training Center COUNTY ADMINISTRATOR'S COMMENTS: ,tet -z7 BACKGROUND: In 1986, Roanoke County constructed a three story building to use for firefighter training. At that time the County was designated as a regional training site for fire and rescue services and the building was constructed utilizing state funds and grants. Other localities have contributed various services and components for other parts of the training center due to the regional designation. Since 1986, the building has been used to train firefighters in fire attack procedures and techniques. This requires that fires be started on all levels to simulate actual fire conditions in buildings. Due to high heat and flame contact, the concrete floor and ceilings of some rooms have deteriorated and need to be repaired. SUMMARY OF INFORMATION: The Fire and Rescue Department has developed a plan to repair the existing damage, and a method to reduce future damage to the building. A grant request was submitted to the Virginia Department of Fire Programs for funding for the repairs. A presentation was made to the Virginia Fire Services Board on February 21, 1992 to request funding for the building repairs. The board approved $5,000 to be awarded to Roanoke County for the project. Contracts have been executed to receive the funding for the sole purpose of training center repairs. Staff requests authorization to move forward with the building repairs using the $5,000 grant from the state. FISCAL IMPACT• No fiscal impact is expected for these repairs. The department budget will absorb minor alterations to the building to enhance the repairs, at an estimated cost of $1,000. STAFF RECOMMENDATION: Staff recommends approval to move forward with repairs using funds granted by the Department of Fire Programs. SUBMITTED BY: Mark W*Light Deputy Chief APPROVED: Elmer C. Hodge, Jr. County Administrator -,•77�. ----------------------------------------------------------------- ACTION VOTE Approved (x) Denied ( ) Received ( ) Referred To Motion by: Edward G.Kohinke No Yes Abs to accept grant Eddy x Johnson x Kohinke x Minnix x Nickens x cc: File Thomas C.Fuqua, Chief, Fire & Rescue Diane Hyatt, Director, Finance Reta Busher, Director, Management & Budget ACTION NO. A-52692-4 ITEM NO. -2/ " 3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: May 26, 1992 AGENDA ITEM: Claim by the City of Roanoke for Unpaid Charges from the Purchase of Bulk Water COUNTY ADMINISTRATOR'S COMMENTS: EXECUTIVE SUMMARY* By letter dated April 30, 1992, the City Attorney submitted a claim on behalf of the City of Roanoke in the amount of $320,353.39 for unpaid charges from the purchase by the County of bulk water from the City for fiscal year 1991 pursuant to the contract dated August 13, 1979. BACKGROUND: Sections 15.1-550 through 15.1-554 of the Code of Virginia describes the procedure for submitting claims to boards of supervisors. No legal action against the county upon any claim or demand may be maintained unless and until such claim has been presented to the board of supervisors. A determination by the board disallowing a claim shall be final and a perpetual bar to any action in any court on such claim, unless the decision of the board is appealed to the circuit court within 30 days from the date of decision. SUMMARY OF INFORMATION: The City's claim is attached to this report and includes several exhibits: a copy of the contract and an affidavit of the City Director of Finance. By letter from the County Administrator to the City Manager dated December 17, 1991, the County listed its objections to these additional charges. For the period in question the County has paid $1,260,734.00 for FY 1991 and is objecting only to additional, adjusted billing. The County's objections are summarized as follows: 1) the inclusion of capital costs that are of a specific benefit only to particular city neighborhoods, that neither serve �D" 3 nor benefit the County, and that are not necessary to meet the City's obligations under the contract or to meet water quality or treatment standards; 2) the inclusion of capital costs to expand the City system to serve new customers in the city; 3) the inclusion of capital costs for significant long term expansions or upgrades of the City water system, (since the City unilaterally defined "surplus water" and the City retains the opportunity to cancel the contract); 4) the inclusion of capital costs for new services already paid for by new users (charging the County for expenditures for expansions or extensions previously paid by new users); and 5) charging the County for "capital outlay from revenue" from current or prior years' retained earnings, since a portion of these retained earnings were previously provided by the County (City expends funds from retained earnings for "capital outlay from revenue," then adds this expenditure to other costs to calculate the actual bulk water rate: in effect charging the County twice). FISCAL IMPACTS: If the Board allows the claim, the County would be required to pay an additional $320,353.39 plus interest. ALTERNATIVES• 1) Disallow the claim based upon the objections set forth above. 2) Allow the claim and pay the additional, adjusted amount billed by the City for FY 1991. STAFF RECOMMENDATION: It is recommended that the Board disallow the claim, and thereby permit the City to proceed with a judicial remedy. Respectfully submitted, QVA,,`. �1►\ Paul M. Mahoney County Attorney Approved Denied Received Referred to Action (x) Motion by Bob L. Johnson to ( ) direct staff to reinstate ( ) negotiations with Roanoke City c:\wp5]\agenda\Ht\wa[er.dm cc: File Paul M. Mahoney, County Attorney Vote No Yes Abs Eddy x Johnson x Kohinke x Nickens x Minnix x AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MAY 26, 1992 RESOLUTION 52692-5 APPROVING REQUEST OF THE INDUSTRIAL DEVELOPMENT AUTHORITY OF ROANOKE COUNTY, VIRGINIA, FOR INDUSTRIAL REVENUE BOND FINANCING FOR RICHFIELD RETIREMENT COMMUNITY. WHEREAS, the Industrial Development Authority of Roanoke County, Virginia (the Authority) has considered the application of Richfield Retirement Community (the borrower) requesting the issuance of one or more of the Authority's revenue bonds or notes in an amount not to exceed $3,800,000 (the Bonds) to assist in the financing of the construction and equipping of a 120 -bed home for the elderly (the Project) on the borrower's campus located at 3615 West Main Street in Roanoke County, Virginia, which will be owned and operated by the Borrower, and has held a public hearing thereon; and WHEREAS, it has been requested that the Board of Supervisors of Roanoke County, Virginia (the Board) approve the financing of the Project and the issuance of the Bonds, and such approval is required for compliance with Section 147(f) of the Internal Revenue Code of 1986; BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA: 1. The Board approves the financing of the Project and the issuance of the Bonds by the Authority for the benefit of the Borrower, as required by said Section 147(f), to permit the Authority to assist in the financing of the Project. 2. The approval of the issuance of the Bonds, as required by said Section 147(f), does not constitute an endorsement of the Bonds or the creditworthiness of the Borrower or otherwise indicate that the Project possesses any economic viability. The Bonds shall provide that neither the Commonwealth of Virginia (the Commonwealth) nor any political subdivision thereof, including Roanoke County (the County) and the Authority, shall be obligated to pay the principal of or interest on the Bonds or other costs incident thereto except from the revenues and receipts pledged therefor and that neither the faith or credit nor the taxing power of the Commonwealth or any political subdivision thereof, including the County and the Authority, shall be pledged thereto. 3. This Resolution shall take effect immediately upon its adoption. 4. The Bonds are hereby designated as qualified tax-exempt obligations for purposes of Section 265(b) (3) of the Code, but only if the bonds are issued during 1993. The County has not designated, and will not designate, more than $10,000,000 of obligations to be issued during 1993 as qualified tax-exempt obligations for purposes of Section 265(b)(3) of the Code. On motion of Supervisor Nickens to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy, NAYS: None A COPY TESTE: Mary H. Allen, Clerk cc: File Roanoke County Board of Supervisors Timothy W. Gubala, Secretary, Industrial Development Authority ACTION # A-52692-6 ITEM NUMBER �::)) r S AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: May 26, 1992 AGENDA ITEM: Write -Off of Utility Bad Debts COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Listed below is a breakdown by year of the delinquent utility accounts, which should be written off at this time. Year Amount 1985 $ 4,370.87 1986 4,354.33 1987 8,58.4.22 TOTAL $17,309.42 Number of Accounts 36 45 44 125 Some of these accounts have judgments or liens against them which will help insure collection. If and when these collections are made, the revenues will be recorded at that time. STAFF RECOMMENDATION: Staff recommends writing off the 1985, 1986, and 1987 delinquent accounts. z60-/rIz.) '61�1 Diane D. Hyatt 0 Elmer C. Hodge Director of Finance County Administrator Approved ( x) Denied ( ) Received ( ) Referred ( ) To - - - - - - - - - - - - - - - - - - - - - - - - - ACTION VOTE Motion by: Harry C. Nickens No Yes Abs motion to authorize Eddy x Kohinke x Johnson x Minnix x Nickens x cc: File 1 Diane Hyatt, Director, Finance ATTACHMENT A UTILITY BILLING BAD DEBT HISTORY BILLING BAD DEBT # ACCOUNTS PERCENT 1985 $5,044,170 $4,370 36 0.09% 1986 5,689,292 4,354 45 0.08% 1987 5,805,128 8,584 44 0.14% 1988 5,897,179 6,985 48 0.12% 1989 5,985,833 6,939 44 0.12% 1990 6,289,504 5,126 52 0.08% 1991 7,472,725 9,668 60 0.13% 2 A-52692-7 ACTION # ITEM NUMBER AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: May 26, 1992 AGENDA ITEM: Request of Dennis Kafura to Use Spring Hollow Access Road as a Means to Access His Property a COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Mr. and Mrs. Dennis Kafura have purchased the 40 acre parcel adjacent to County owned property known as the "Old YMCA Camp." In order to access their property without building a new bridge over Dry Hollow, the Kafuras have requested permission to use the Spring Hollow access road for a distance of approximately 75 feet. They also request permission to construct a driveway for a distance of 125 feet over County owned property to their property. A map provided by Mr. Kafura for the proposed access is attached. The locked gate indicted on the map will be moved to a point beyond the old YMCA Camp gate in order to provide better access to the camp while protecting the Spring Hollow access. Staff has no objection to granting the Kafura's permission to use the County property in order to access their property. Staff feels that it would be beneficial to have a permanent resident adjacent to the Spring Hollow Property. FISCAL IMPACT• There is no fiscal impact to the County for this matter. STAFF RECOMMENDATION: Staff recommends that the Board of Supervisors approve the request by Mr. and Mrs. Dennis Kafura to use a portion of the County property to access the Kafura property. Staff further recommends that the Board of Supervisors direct the County Attorney to prepare such documents as required to effect this approval. SUBMITTED BY: Cliffor aig, P.E. Utility Director APPROVED: Elmer C. Hodg County Administrator ACTION VOTE Approved (x) Motion by: H. Odell Minnix No Yes Denied ( ) motion to approve Eddy x Received ( ) Johnson x Referred Kohinke x to Minnix x Nickens x cc: File Clifford Craig, Director, Utility Arnold Covey, Director, Engineering & Inspections i t. Abs 92 111 L 1 Mr. Cliff Craig Utility Director 1206 Kessler Mill Road Salem, VA 24153 Dear Mr. Craig, May 11, 1992 Box 21, Rt. 1 Newport, VA 24128 My wife and I recently purchased a 40 acre tract of land at the end of Route 649 (Dry Hollow Road). This property is bounded on one side by Dry Hollow Creek and on two other sides by property owned by Roanoke County. The south side of the property is adjacent to the old YMCA camp site and the west side of the property is adjacent to the area reserved for the Spring Hollow Resevoir. We have purchased this land for a single family home and currently have a contract with Patwil homes (office in Salem) for the construction. We have no plans to use the land in any way other than as our primary residence. I would like to request that we be granted permission to use the bridge at the end of Route 649 as a means of access to our property. A map (not drawn to scale) is attached. To gain access to our property requires that we be able to cross the bridge and proceed approximately 100 feet before turning right and then proceeding approximately 125 feet to our property line. While our property does have road frontage on Route 649 we make this request for two reasons. First, access to our property from Route 649 would require that we build a bridge over Dry Hollow Creek similar to the one already existing bridge - an expensive undertaking. Second, our preferred building site is at the end of the property nearer to the existing bridge. Access from the existing bridge would thus reduce the amount of roadbed that we would have to build and maintain. I thank you in advance for your help in this matter. If there is any other information which I can provide, please contact me at the address given above or by phone at 703-544-7119 (home) or 703-231-5568 (office). I will be happy, also, to meet with you or any other Roanoke County government or administrative representative as may be useful. --Dennis Kaf ura v Dry Hollow Creek T1 locked gate 25 f t. M Entrance to old YMCA Camp End State Maintenance sign 75 ft. to Spring Hollow Resevoir MEETING DATE: May 26, 1992 ACTION # A-52692-8 ITEM NUMBER �— AGENDA ITEM: Request for Appropriation to the 1992-93 Regional Special Education Fund COUNTY ADMINISTRATOR'S COMMENTS: BACKGROUND: The Roanoke County School Board serves as the fiscal agent for the Roanoke Valley Regional Special Education Board. The budget for the regional board for 1991-92 was $2,063,286.00. The board -adopted budget for 1992-93 is $2,083,310.00. The Regional Program began operation during the fiscal year 1986-87 with sig school divisions involved in serving two (2) handicapped populations: autistic and severe/profound handicapped. All programs were housed in Roanoke County schools. During the 1990-91 school year the following populations were added: Multihandicapped - MH DeafJHard of Hearing - D/HH MultihandicappedNisually Impaired - MH/VI Regional classes are currently housed in the following school divisions: Roanoke County Roanoke City Botetourt County Franklin County Dr. Eddie L. Kolb, director of pupil personnel services for Roanoke County Schools, will be present to answer any questions related to the program. FISCAL IMPACT: Revenue received from state funding and participating school divisions based on a per pupil cost will offset expenditures. ! rf STAFF RECOMMENDATION: Staff recommends appropriation of the Roanoke Valley Regional Special Education Board's budget for 1992-93. Frank J. Sp ,s Elmer C. Hodge Supervisor of Special Education County Administrator ------------------------------------------------------------------------------------------------------------------------ ACTION VOTE Approved (x) Motion by: Bob L. Denied ( ) Johnson Motion to Received ( ) approve Referred ( ) To cc: File Dr. Bayes Wilson, Superintendent, Diane Hyatt, Director, Finance Reta Busher, Director, Management Roanoke County Schools & Budget No Yes Abs Eddy _ x _ Johnson Kohinke _ _x _ _ _x _ Minnie _ _x _ Nickens x cc: File Dr. Bayes Wilson, Superintendent, Diane Hyatt, Director, Finance Reta Busher, Director, Management Roanoke County Schools & Budget O� �OANO� F z Z 2 1 36 OFFICE OF DIVISION SUPERINTENDENT ROANOKE COUNTY SCHOOLS 526 SOUTH COLLEGE AVENUE SALEM. VIRGINIA 24153 FROM THE MINUTES OF THE COUNTY SCHOOL BOARD OF ROANOKE COUNTY, VIRGINIA MEETING IN REGULAR SESSION AT 7 P.M. ON MAY 14, 1992 IN THE BOARD ROOM OF THE SCHOOL ADMINISTRATION BUILDING, SALEM, VIRGINIA. RE: APPROVAL OF 1992-93 BUDGET FOR ROANOKE VALLEY REGIONAL BOARD Moved by Mr. Black and duly seconded, the 1992-93 budget in the amount of $2,083,310 was approved for the Roanoke Valley Regional Board low incidence population. The ensuing year's budget represents an increase of $20,024 over the 1991-92 budget. TESTE ., 7 Clerk ACTION NO. A-52692-9 ITEM NO. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: May 26, 1992 AGENDA ITEM: REGIONAL CABLE TV COMMITTEE AGREEMENT COUNTY ADMINISTRATOR'S COMMENTS: , w ,.,v,����/ ,c EXECUTIVE SUMMARY: The proposed Regional Cable Television Committee Agreement has been developed by the participating jurisdictions to the Cox Cable Roanoke franchise agreement to provide for the development, ad- ministration, and operation of cable television educational and institution facilities and programming. BACKGROUND: Section 11 of the cable television franchise ordinance adopted by Roanoke City, Roanoke County, and the Town of Vinton in April of 1991, provides for the establishment of an advisory committee composed of representatives of the three jurisdictions. All substantive actions involving the expenditure of capital grant funds received from Cox Cable Roanoke in accordance with the franchise agreement and any operation of an educational or institutional television system must now be taken by formal action of each governing body. At the initiative of the current advisory committee, legal counsel for each jurisdiction was directed to draft an agreement to provide stability and continuity for these cable television functions. SUMMARY OF INFORMATION: The agreement provides a legal framework for a committee which would actually operate an educational or institutional television system, or both, and be authorized to expend capital grant funds. Each locality would equitably fund this Committee's operations based upon a percentage of the gross receipts of Cox Cable Roanoke in each jurisdiction up to a maximum of one percent (1%). However, this agreement will not constitute a binding legal obligation on any jurisdiction to actually appropriate any funds for the committee's operations. In the absence of such an agreement all substantive decisions regarding operations of any television system in connection with the cable television franchise will require 1 independent board action by each of the participating jurisdic- tions. ALTERNATIVES• I. Adopt the proposed agreement and authorize the Regional Cable Television Committee to develop, administer and operate educational and institutional television facili- ties and programs. II. Continue the Cable Television Committee as a purely advisory body and require all substantive decisions to be brought back to the governing bodies for approval. STAFF RECOMMENDATION: Staff recommends the adoption of Alternative I. Respectfully submitted, i Joeph O enshain Se for A sistant County Attorney Action Vote No Yes Abs Approved (kj Motion by Lee B. Eddy motion Eddy x Denied ( ) to approve agreement Johnson x Received ( ) Kohinke x Referred Minnix x to Nickens x cc: File Paul M. Mahoney, County Attorney Anne Marie Green, Member, Regional Cable TV Committee 2 ROANOKE VALLEY REGIONAL CABLE TELEVISION COMMITTEE AGREEMENT THIS AGREEMENT is dated as of the day of 11 1992, by and between the CITY OF ROANOKE, a municipal corporation of the Commonwealth of Virginia, ("City"); the COUNTY OF ROANOKE, a political subdivision of the Commonwealth of Virginia, ("County"); and the TOWN OF VINTON, a municipal corporation of the commonwealth of Virginia, ("Town"). RECITALS WHEREAS, the City, County and Town have by Ordinance Nos. 30478-42291, 42391-5, and , respectively, provided for one or more non-exclusive franchises to construct, operate, and maintain one or more cable television systems within their jurisdictions ("Ordinances"); and, WHEREAS, Section 11 of each of the above described Ordinances provides for the establishment and operation of a Cable Television Committee made up of representatives of the City, County, and Town; and, WHEREAS, the Cable Television Committee as now established is primarily an advisory body unable to take substantive action without the approval of each jurisdiction's governing body; and, WHEREAS, the City, County, and Town by this agreement desire to authorize the Roanoke Valley Regional Cable Television Committee to provide for the development, administration, and operation of cable television educational and institutional facilities and programming. WITNESSETH THAT FOR AND IN CONSIDERATION of the mutual covenants and agreements contained herein, the parties hereto, pursuant to the provisions of Section 15.1-21 of the Code of Virginia, (1950), as amended, do covenant and agree to establish the "Roanoke Valley Regional Cable Television Committee" ("Committee") upon the terms and conditions set forth herein. I. TERM This agreement shall take effect upon its proper execution pursuant to and by ordinance of the governing bodies of the City, County and Town. Thereafter, the term of this agreement shall be concurrent with the Cable Television Franchise Agreements granted pursuant to the Ordinances by the City, County and Town to Cox Cable Roanoke, Inc., ("Franchise Agreements") unless terminated earlier in the manner provided herein. II. ESTABLISHMENT AND TERMS OF MEMBERS City, County, and Town covenant and agree to hereby establish the Roanoke Valley Regional Cable Television Committee for the purpose of developing, administering, and operating cable television educational and institutional facilities and programming as a joint and cooperative undertaking for the use and benefit of all the parties hereto. The Committee shall be organized and comprised of 11 members selected and appointed in the manner provided in section 11 of the Ordinances, a copy of which is attached hereto and incorporated by reference herein as Exhibit A. III. PURPOSE AND ADMINISTRATION In addition to existing purposes, powers, and duties of the Roanoke Regional Cable Television Committee under the Ordinances, the Committee shall also be authorized to provide for the development, administration, and operation of cable television educational and institutional facilities and programming for the City, County, and Town as provided for in the Ordinances and Franchise Agreements. The administration of all such activities shall be undertaken by the Committee. The committee shall be authorized to receive on behalf of the City, County, and Town and expend all Capital Grant funds provided under the Franchise Agreements by Cox Cable Roanoke, Inc., for the purpose of acquiring equipment for educational and institutional purposes. The Committee shall be authorized to enter into and administer appropriate contracts and agreements for the purchase of goods and services, including personal service contracts. All personal property shall be held in the name of the Committee. The Committee shall be authorized to lease but not to acquire real property. IV. FINANCING AND BUDGETS In addition to being authorized to expend Capital Grant funds as provided in paragraph III above, the parties hereto intend that the operations of the Committee shall be financed by allocation or appropriation to the Committee by the City, County, and Town of an equivalent amount up to a maximum of one percent (1%) of the gross revenues of Cox Cable Roanoke from each jurisdiction based upon such receipts for the last calendar year. City, County, and Town recognize and agree that such allocation or appropriation to the Committee is subject to and dependent upon annual appropriations being made from time to time by each of their governing bodies for - such purpose. Nothing herein shall constitute a pledge of the full faith and credit of the City, County or Town or be deemed to require that appropriations or allocations be made. On or before March 15 of each year, the Committee shall have prepared and submit for approval to City, county and Town an annual operating and capital budget for the upcoming fiscal year. The Committee shall not expend any funds or incur any financial obligation except pursuant to a budget approved by City, County, and Town. V. TERMINATION This agreement shall not be terminated except after appropriate action by ordinance or resolution of any of the three governing bodies of City, County, or Town, authorizing such termination. Upon such termination, all property and equipment belonging to the Committee shall be appraised and valued as of the date of termination, and such value shall be apportioned among the three jurisdictions in the same proportion as total funds were contributed to the Committee by each of the jurisdictions. No payment shall be made by the Committee to any jurisdiction terminating this agreement, but the value assigned to such jurisdiction shall be held as a credit against any future use of such property or equipment by that jurisdiction. VI. LIABILITY AND INSURANCE The Committee shall be responsible for any liability that may arise out of its operation. The Committee shall obtain and maintain during the term of this agreement comprehensive general liability insurance in the amount of $500,000.00 per occurrence covering the Committee, as well as the City, County, and Town, their officers, agents and employees as additional insureds. WITNESS the following signatures and seals: City of Roanoke By: Title: County of Roanoke By: Title: Attest By: Title• Attest By: Title: Town of Vinton By: Title: b:\catvcomm.agr Attest By: Title: ACTION NO. ITEM NO. 1 A-52692-10 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: May 26, 1992 AGENDA ITEM: Request for Acceptance of Environmental Protection Agency 106 Ground Water Protection Grant. COUNTY ADMINISTRATOR'S COMMENTS: '% _ yc N.zvLvv V / / BACKGROUND: In March, the Department of Planning and Zoning was contacted by the Virginia State Water Control Board (VSWCB) to see if Roanoke County was interested in participating in a pilot Wellhead Protection Program being funded by the EPA. The program is designed to assist in the development of measures that localities can use to protect their public wells from contamination. The Planning Department discussed the pilot project with the Department of Utility, and thereafter prepared and submitted a grant application in the amount of $10,188 to the VSWCB for funding necessary to undertake the project. On May 19th, the Department was notified that our project proposal was accepted, and that EPA funding for the project was available. The proposed pilot project will target three County public wells selected by the Department of Utility. These wells, known as Bonsack I, Starkey I, and Hidden Valley 6 are valuable components of our water system. They are anticipated to remain in service for the foreseeable future. For each of these three wells a study area will be identified, and special zoning district regulations will be prepared. The purpose of these regulations is to demonstrate the ways that existing land use laws can be used to protect the areas around public wells from contaminants that can endanger the public water supply. Although the pilot project involves research and the preparation of zoning regulations, Roanoke County is not obligated under the accepted proposal to implement any of the protection measures proposed. 2 FISCAL IMPACT None. No local funds are required as a match for this funding. STAFF RECOMMENDATION: Staff recommends as follows: 1. That the Board authorize the acceptance of the EPA 106 Ground Water Protection Grant offered to Roanoke County. Respectfully Submitted, Terrancearring�fi Director Planning and Zoning Action Approved, Elmer C. Hodge County Administrator Approved (x) Motion by Harry C. Nickens Eddy Denied ( ) motion to accept grant Johnson Received ( ) Kohinke Referred Minnix to Nickens Vote No Yes Abs x cc: File Terrance L. Harrington, Director, Planning & Zoning Clifford Craig, Director, Utility AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, May 26, 1992 ORDINANCE 52692-12 APPROPRIATING FUNDS FOR THE 1992-93 FISCAL YEAR BUDGET FOR ROANOKE COUNTY, VIRGINIA WHEREAS, upon notice duly published in the newspaper, a public hearing was held on April 14, 1992, concerning the adoption of the annual budget for Roanoke County for fiscal year 1992-93; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, approved said budget on April 28, 1992, pursuant to the provisions of Section 13.02 of the Roanoke County Charter and Chapter 4 of Title 15.1 of the 1950 Code of Virginia, as amended; and WHEREAS, the first reading of this appropriation ordinance was held on May 12, 1992, and the second reading of this ordinance was held on May 26, 1992, pursuant to the provisions of Section 18.04 of the Roanoke County Charter. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the following appropriations are hereby made from the respective funds for the period beginning July 1, 1992, and ending June 30, 19931 for the functions and purposes indicated: REVAPPR093 COUNTY OF ROANOKE PROPOSED 1992-93 FISCAL YEAR BUDGET APRIL 28, 1992 REVENUES; GENERAL FUND GENERAL GOVERNHENT YOUTH HAVEN II LAW LIBRARY RECREATION FEE CLASS INTERNAL SERVICES GARAGE II TOTAL GENERAL FUND - DEBT FUND CAPITAL FUND WATER FUND WATER OPERATIONS 1991 WATER REVENUE BONDS WATER REPAIR AND REPLACEHENT RATE STABILIZATION WATER SURPLUS TOTAL WATER FUND SEWER FUND SEWER OPERATIONS SEWER OFFSITE FACILITIES TOTAL SEWER FUND TOTAL COUNTY FUNDS SCHOOL FUNDS OPERATING FUND CAFETERIA FUND GRANT FUND TEXTBOOK FUND CAPITAL FUND TOTAL SCHOOL FUNDS TOTAL REVENUE ALL FUNDS 3 $70,707,832 352,552 30,000 452,848 1,222,527 232,218 72,997,977 1,929,491 439,760 5,983,802 127,453 350,000 309,414 797,584 ------------- 7,568,253 3,409,762 116,394 ------------- 3,526,156 ------------- 92,461,637 66,106,683 2,861,370 2,125,671 532,858 67,500 ------------- 71,694,082 ------------- $164,155,719 ,5-1 COUNTY OF ROANOKE PROPOSED 1992-93 FISCAL YEAR BUDGET APRIL 28, 1992 EXPENDITURES: GENERAL GOVERNMENT GENERAL ADMINISTRATION BOARD OF SUPERVISORS CO ADMINISTRATOR ADMINISTRATION INFORMATION d REFERRAL ASST. CO, ADMINISTRATORS HUMAN RESOURCES COUNTY ATTORNEY ECONOMIC DEVELOPMENT ADMINISTRATION MARKETING CONSTITUTIONAL OFFICERS TREASURER COMMONWEALTH ATTORNEY VICTIM/WITNESS COMMISSIONER OF THE REVENUE ADMINISTRATION REAL ESTATE PERSONAL PROPERTY BUSINESS LICENSE CLERK OF TNR CIRCUIT COURT PUBLIC RECORDS MICROFILM SHERIFF'S OFFICE ADMINISTRATION CIVIL DIVISION CARE A CONFINEMENT OF PRISONERS JUDICIAL ADMINISTRATION CIRCUIT COURT GENERAL DISTRICT COURT MAGISTRATE J k D COURT COURT SERVICE UNIT ------------------------------------------------------------ PERSONNEL OPERATING CAPITAL TRANSFERS TOTAL ------------------------------------------------------------ 119,411 76,834 600 0 196,845 150,790 16,835 0 0 167,625 46,295 18,225 0 0 64,520 204,029 16,187 300 0 220,516 236,874 81,897 0 0 318,771 218,295 29,220 0 (37,143) 210,372 170,177 20,000 200 0 190,377 0 151,262 0 0 151,262 ------------------------------------------------------------ 1,145,871 410,460 1,100 (37,143) 1,520,288 314,455 1.39,201 0 17,373 471,029 333,200 17,290 0 0 350,490 0 6,000 0 0 6,000 62,883 4,925 0 0 67,808 69,651 4,800 0 0 74,451 176,228 49,875 0 0 226,103 107,838 8,970 D 0 116,808 370,058 49,918 2,000 0 421,976 24,207 34,693 0 0 58,900 156,383 33,075 14,000 0 203,458 676,021 57,995 26,000 0 760,016 1,825,258 385,916 0 0 2,211,174 ------------------------------------------------------------ 4,116,182 792,658 42,000 17,373 4,968,213 0 81,203 0 0 81,203 0 21,183 0 .0 21,183 0 884 0 0 884 0 9,158 750 0 9,908 0 51,680 0 0 51,680 ------------------------------------------------------------ 0 164,108 750 0 164,858 4 COUNTY OF ROANOKE PROPOSED 1992-93 FISCAL YEAR BUDGET APRIL 28, 1992 MANAGEMENT SERVICES COUNTY ASSESSOR ADMINISTRATION REASSESSMENT BOARD OF EQUILIZATION FINANCIAL PLANNING CENTRAL ACCOUNTING PAYROLL PUBLIC TRANSPORTATION MANAGEMENT AND BUDGET RISE MANAGEMENT PROCUREMENT SERVICES PUBLIC SAFETY POLICE ADMINISTRATION UNIFORM DIVISION CRIMINAL INVEST DIVISION SERVICES DIVISION TRANSPORTATION SAFETY COMNISSION E911 MAINTENANCE FIRE AND RESCUE ADMINISTRATION OPERATIONS SUPPORT SERVICES VOLUNTEER FIRE VOLUNTEER RESCUE 800MNs CONMUNICATIONS COMMUNITY SERVICES GENERAL SERVICES SOLID WASTE REFUSE COLLECTION RECYCLING LEAF COLLECTION ENGINEERING AND INSPECTIONS ADMINISTRATION ENGINEERING INSPECTIONS DRAINAGE ------------------------------------------------------------ PERSONNEL OPERATING CAPITAL TRANSFERS TOTAL ------------------------------------------------------------ 209,065 39,864 0 0 248,929 362,775 34,925 2,853 0 400,553 0 0 0 0 0 317,796 75,446 0 0 393,242 111,019 14,421 0 0 125,440 0 70,200 0 0 70,200 88,213 17,341 0 0 105,554 81,345 1,017,900 0 0 1,099,245 208,116 24,972 0 0 233,088 ------------------------------------------------------------ 1,378,329 1,295,069 2,853 0 2,676,251 99,655 22,600 0 0 122,255 1,850,937 282,637 168,984 0 2,302,558 574,202 90,408 ''0 0 664,610 838,290 130,854 12,002 O 981,146 0 912 0 0 912 0 173,170 0 16,830 190,000 60,060 180,060 0 126,503 366,623 1,280,656 219,717 0 0 1,500,373 317,928 259,647 0 0 577,575 0 59,560 44,750 29,067 133,377 0 101,276 78,500 0 179,776 0 2,850 0 0 2,850 ------------------------------------------------------------ 5,021,728 1,523,691 304,236 172,4D0 7,022,055 196,775 26,380 0 0 223,155 773,887 876,858 0 204,888 1,855,633 D 40,550 6,000 0 46,550 20,544 24,035 0 0 44,579 238,278 39,832 0 0 278,110 232,676 130,637 0 (137,342) 225,971 393,508 23,393 0 (57,730) 359,171 88,436 41,300 88,507 0 218,243 5 COUNTY OF ROANOKE PROPOSED 1992-93 FISCAL YEAR BUDGET APRIL 28, 1992 C ------------------------------------------------------------ PERSONNEL ------------------------------------------------------------ OPERATING CAPITAL TRANSFERS TOTAL BUILDING MAINTENANCE BUILDING MAINTENANCE 164,206 286,941 14,739 (20,000) 445,886 JANITORIAL SERVICES 178,612 89,226 0 0 267,838 HANDICAPPED ACCESS 0 25,000 0 0 25,000 PLANNING AND ZONING 278,333 56,694 0 0 335,027 PLANNING COMMISSION 16,360 2,850 0 0 19,210 ------------------------------------------------------------ 2,581,615 1,663,695 109,246 (10,184) 4,344,372 HUMAN SERVICES GROUNDS MAINTENANCE GROUNDS MAINTENANCE 626,425 365,667 0 0 992,092 STREET SIGNS 0 3,990 0 0 3,990 PARKS AND RECREATION COMMUNITY EDUCATION 69,135 950 0 0 70,085 LEISURE ACTIVITIES 88,459 950 0 0 89,409 OUTDOOR ADVENTURE 51,149 2,258 0 0 53,407 SENIOR CITIZENS 87,917 3,325 0 0 91,242 SPECIAL EVENTS 52,864 3,925 0 0 56,789 THERAPEUTICS 81,253 19,456 0 0 100,709 ADULT ATHLETICS 60,832 950 0 0 61,782 YOUTH ATHLETICS 149,943 9,500 0 0 159,443 ADMINISTRATION 142,778 90,742 0 0 233,520 PUBLIC HEALTH 0 376,652 0 0 _376,652 SOCIAL SEVICES ADMINISTRATION 1,655,933 215,679 6,150 0 1,877,762 PUBLIC ASSISTANCE 0 1,006,850 0 0 1,006,850 INSTITUTIONAL CARE 0 20,000 0 0 20,000 SOCIAL SERVICE ORGANIZATIONS 0 119,332 0 0 119,332 CONTRIBUTIONS SVC ORGANIZATIONS 0 45,553 0 0 45,553 CONTRIBUTIONS CULTURAL ORGS 0 30,000 0 0 30,000 LIBRARY ADMINISTRATION 134,385 1,210 0 0 135,595 RESEARCH AND CIRCULATION 650,474 265,063 0 0 915,537 AUTOMATION 0 63,361 0 0 63,361 JOINT BOTETOURT/RKE CHTY LIB 0 27,600 0 0 27,600 BITENSION A CONTINUING EDUCATION 0 121,919 0 0 121,919 ELECTIONS REGISTRATION 99,166 24,404 5,400 0 128,970 ELECTIONS 23,220 17,999 0 0 41,219 ANIMAL CONTROL 122,088 42,398 15,000 0 179,486 ------------------------------------------------------------ 4,096,021 2,879,734 26,550 0 7,002,305 C COUNTY OF ROANOKE PROPOSED 1992-93 FISCAL YEAR BUDGET APRIL 28, 1992 NON -DEPARTMENTAL EMPLOYEE BENEFITS MISCELLANEOUS TRANSFERS TO OTHER FUNDS TRANS TO DEBT -GENERAL TRANS TO DEBT SERVICE -SCHOOL TRANSFER TO CAPITAL TRANSFER TO SCHOOL OPERATING FUND TRANSFER TO SCHOOLS -DENTAL INS TRANSFER TO SCHOOLS -HEALTH INS TRANSFER TO GARAGE II TRANSFER TO YOUTH HAVEN II TRANSFER TO INTERNAL SERVICE TRANSFER TO SEWER BOARD CONTINGENCY TOTAL GENERAL GOVERNMENT YOUTH HAVEN II LAW LIBRARY ------------------------------------------------------------ PERSONNEL OPERATING CAPITAL TRANSFERS TOTAL ------------------------------------------------------------ 1,165,684 0 0 0 1,165,684 0 857,500 0 0 857,500 ------------------------------------------------------------ 1,165,684 857,500 0 0 2,023,184 0 0 0 4,487,550 4,487,550 0 0 0 1,646,575 1,646,575 0 0 0 389,760 389,760 0 0 0 31,867,910 31,867,910 0 0 0 192,436 192,436 0 0 0 861,000 861,000 0 0 0 100,000 100,000 0 0 0 25,000 25,000 0 0 0 721,686 721,686 0 0 0 644,390 644,390 ------------------------------------------------------------ 0 0 0 40,936,307 40,936,307 0 50,000 0 0 50,000 ------------------------------------------------------------ 0 50,000 0 0 __50,000 ------------------------------------------------------------ 19,505,430 ------------------------------------------------------------ 9,636,914 486,735 41,078,753 70,707,832 282,852 64,000 5,700 0 352,552 9,043 19,657 1,300 0 30,000 RECREATION FEE CLASS COMMUNITY EDUCATION 138,532 45,700 2,000 0 186,232 LEISURE ACTIVITIES 15,232 16,300 1,200 0 32,732 OUTDOOR ADVENTURE 4,844 23,700 5,000 0 33,544 SENIOR CITIZENS 13,241 30,550 1,900 0 45,691 SPECIAL EVENTS 1,346 37,800 0 0 39,146 THERAPEUTICS 9,295 7,505 200 0 17,000 ADULT ATHLETICS 42,419 15,750 0 0 58,169 YOUTH ATHLETICS 1,782 2,312 0 0 4,094 7 :::r- COUNTY OF ROANOKE PROPOSED 1992-93 FISCAL YEAR BUDGET APRIL 28, 1992 ADKINISTRATION PARK CONSERVATION EQUESTRIAN CENTER TOTAL FEE CLASS INTERNAL SERVICES KANAGEKENT INFORKATION SYSTEKS ADKINISTRATION OPERATIONS DEVELOPKENT COKKUNICATIONS TOTAL INTERNAL SERVICES GARAGE II TOTAL GENERAL FUND DEBT FUND CAPITAL FUND WATER FUND WATER OPERATIONS 1991 WATER REVENUE BONDS WATER REPAIR AND REPLACEKENT RATE STABILIZATION WATER SURPLUS TOTAL WATER FUND SEWER FUND SEWER OPERATIONS SEWER OFFSITE FACILITIES TOTAL SEWER FUND TOTAL COUNTY FUNDS ------------------------------------------------------------ PERSONNEL OPERATING CAPITAL TRANSFERS TOTAL ------------------------------------------------------------ 0 32,240 0 0 32,240 0 1,000 0 0 1,000 0 3,000 0 0 3,000 ------------------------------------------------------------ 226,691 215,857 10,300 0 452,848 156,765 11,300 0 0 168,065 84,503 192,800 12,875 97,207 387,385 246,547 5,750 2,850 0 255,147 208,811 175,728 27,391 0 411,930 ------------------------------------------------------------ 696,626 385,578 43,116 97,207 1,222,527 202,440 29,778 0 0 232,218 ------------------------------------------------------------ 20,923,082 ------------------------------------------------------------ 10,351,784 547,151 41,175,960 72,997,977 0 7,929,491 0 0 7,929,491 0 0 439,760 0 439,760 548,848 3,680,070 118,010 1,636,874 5,983,802 0 127,453 0 0 127,453 0 0 350,000 0 350,000 0 309,414 0 0 309,414 0 797,584 0 0 797,584 ------------------------------------------------------------ 548,848 4,914,521 468,010 1,636,874 7,568,253 797,074 2,493,949 46,400 72,339 3,409,762 0 0 0 116,394 116,394 ------------------------------------------------------------ 797,074 2,493,949 46,400 188,733 --------------- 3,526,156 --------------------------------------------- 22,269,004 ------------------------------------------------------------ 25,689,745 1,501,321 43,001,567 92,461,637 0 COUNTY OF ROANOKE PROPOSED.1992-93 FISCAL YEAR BUDGET APRIL 28, 1992 ------------------------------------------------------------ PERSONNEL OPERATING CAPITAL TRANSFERS TOTAL ------------------------------------------------------------ SCHOOL FUNDS OPERATING FUND 66,106,683 CAFETERIA FUND 2,861,370 GRANT FUND 2,125,691 TEITBOOB FUND 532,858 CAPITAL FUND 67,500 ------------ TOTAL SCHOOL FUNDS 71,694,082 ------------ TOTAL EXPENDITURES ALL FUNDS 164,155,719 0 �I 2. That the County Administrator may authorize the transfer of any unencumbered balance or portion thereof from one classification of expenditure to another within the same department or agency. That the County Administrator may transfer up to $10,000 from the unencumbered balance of the appropriation of one department or agency to another department or agency, including the contingency account encompassed in the Non -Departmental appropriation. 3. That all funded outstanding encumbrances, both operating and capital, at June 30, 1992, are reappropriated to the 1992-93 fiscal year to the same department and account for which they are encumbered in the previous year. 4. That appropriations designated for capital projects will not lapse at the end of the fiscal year but shall remain appropriated until the completion of the project or until the Board of Supervisors, by appropriate action, changes or eliminates the appropriation. Upon completion of a capital project, staff is authorized to close out the project and transfer to the funding source any remaining balances. This section applies to appropriations for Capital Projects at June 30, 1992, and appropriations in the 1992-93 budget. 5. That all school fund appropriations remaining at the end of the 1991-92 fiscal year not lapse but shall be appropriated to the School Capital Improvements Fund in fiscal year 1992-93. On motion of Supervisor Nickens to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Kohinke, Minnix, Nickens NAYS: Supervisors Johnson, Eddy A COPY TESTE: ??2,. - -,:�V Mary H.'Allen, Clerk Roanoke County Board of Supervisors cc: File John M. Chambliss, Assistant County Administrator Don C. Myers, Assistant County Administrator Reta R. Busher, Director, Management & Budget Diane D. Hyatt, Director, Finance Paul M. Mahoney, County Attorney D. Keith Cook, Director, Human Resources 11 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MAY 26, 1992 RESOLUTION 52692-14 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM L - 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 May 26, 1992, designated as Item L - Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 through 6, inclusive, as follows: 1. Acceptance of Sanitary Sewer Facilities Serving Double "C" Subdivision. 2. Confirmation of Committee Appointments to the Fifth Planning District Commission and Total Action Against Poverty Board of Directors. 3. Request for Acceptance of the Extension of Edgebrook Road into the Virginia Department of Transportation Secondary System. 4. Acceptance of portions of Cavalier Drive, Sulgrave Road, Trinity Court and Wimbledon Court into the Virginia Department of Transportation Secondary System. 5. Acceptance of portions of Crossbow Circle, Chukar Drive, Archer Drive, Red Stag road and Elk Hill Drive into the Virginia Department of Transportation Secondary System. 6. Adoption of Resolution of Abandonment of Route 634, Hardy Road, in the Town of Vinton. 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 Johnson to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None A COPY TESTE: Mary H. Allen, Clerk Roanoke County Board of Supervisors cc: File Cliff Craig, Director, Utility Arnold Covey, Director, Engineering & Inspections ACTION # A -52692-14.a ITEM NUMBER L. -L AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: May 26, 1992 SUBJECT: Acceptance of Sanitary Sewer Facilities Serving Double "C" Subdivision COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The Developers of Double "C" Subdivision, have requested that Roanoke County accept the Deed conveying the sanitary sewer facilities serving the subdivision along with all necessary easements. The sewer facilities are installed, as shown on plans prepared by Jack G. Bess entitled Double "C" Properties Subdivision, dated March 19, 1991, which are on file in the County Engineering Department. The sanitary sewer facility construction meets the specifications and the plans approved by the County. FISCAL IMPACT: The value of the sanitary sewer construction is $12,000. RECOMMENDATION: Staff recommends that the Board of Supervisors accept the sanitary sewer facilities serving the Double "C" Subdivision along with all necessary easements, and authorize the County Administrator to execute a Deed for the transfer of these facilities. SUBMITTED BY: Cliffor r ig, P.E. Utility Di ector Approved (x) Denied ( ) Received ( ) Referred to Motion by: APPROVED: Elmer C. Hodge County Administrator ACTION Bob L. Johnson Eddy Johnson Kohinke Minnix Nickens ,L--- / VOTE No Yes Abs x x x x x cc: File Clifford Craig, Director, Utility Arnold Covey, Director, Engineering & Inspections 2--/ r E i '0A DEED OF EASEMENT AND ASSIGNMENT THIS DEED, DEED OF EASEMENT AND ASSIGNMENT, made this 3rd day of January 1992, by and between: Double "C" Properties Inc hereinafter referred to as the "Developer," party of the first part; the BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, hereinafter referred to as the "Board," party of the second part; and ELMER C. HODGE, County Administrator of Roanoke County, VIRGINIA, party of the third part.. : W I T N E S S E T H THAT FOR AND IN CONSIDERATION of the mutual benefits to accrue, 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, in and to the water and/or sewer systems in the streets, avenues and public utility, water and/or sewer easement. areas that have been or may hereafter he installed by the Developer, along with the rightto perpetually use and occupy the easements in which the same may be located, all of which is more particularly shown and described and designated as follows, to wit: As shown on the plan entitled Double "C" Properties SUhdivisinn dated March 19 , 1991 made by .lack G. Bess and on file in the Roanoke County Engineering Department. Page 1 of 3 2-— l 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, party of the third part., 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. WITNESS THE FOLLOWING signatures and seals: Developer: By: By: °r As. State of: County/Cit.y of: to wit: �;The foregoing dP_.eCj wad acknowledged before me this:_ day f Duly authorized of icer Title on behalf of 0(-& 4;tL cuC(cZ'6's - -� Notary Public MY Commission expires: Page 2 of 3 Approved as to form: County Attorney State of: County/City of: L.— County Administrator of Roanoke County, Virginia WA Elmer C. Hodge to wit: The foregoing deed was acknowledged before me this: day of 19 by Elmer C. Hodge, County Administrator, on behalf of the Board of Supervisors of Roanoke County, Virginia. ►votary Public My Commission expires: Revised 10/16/90 Page 3 of 3 F1 W V/E 37110 37Po 37/b b 3 73t .51 3G 2P 37iD 37oy COMMUNITY SERVICES ACCEPTANCE OF SEWER FACILITIES SERVING AND DEVELOPMENT DOUBLE "C" PROPERTIES "INC. SUBDIVISION 7714- Lo, ` L.j 7 co a T n I Loj 1 c.j z 13 Lyy" LI } �� 40 4 J C �; LAr.wA.. M•i U>rwAt 1 atW//aca • 1 MGwAbta M 2 Tao. ",8s/z6.3I w4A~c•. W avj. /[S' /,vy i./ rw•.r �� I ToP• /?767 / /✓V h✓ rw.M � A N V dt e,cM. r 1. //z.!/ VI cc / .! �V 24 Swyf< O Q /�LOGK � � 'SLCj/ON 2 I CAsjLE 'Pa V-. LpP 4/ENT ry v�E V tee/ "` 301-2747 S E /Gb. 00 A.,,,,0 •�snw MN IR--D—ELL A Tao • 96.29 f /NV OvV7 90 7T% COMMUNITY SERVICES ACCEPTANCE OF SEWER FACILITIES SERVING AND DEVELOPMENT DOUBLE "C" PROPERTIES "INC. SUBDIVISION 7714- ACTION NO. A -52692-14.b ITEM NUMBER .L - -Z AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: May 26, 1992 AGENDA ITEM: Confirmation of Committee Appointments to Fifth Planning District Commission and Total Action Against Poverty Board of Directors COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Fifth Planning District Commission Supervisor Kohinke nominated himself to a three-year term as an elected representative. His term will expire June 30, 1995. Total Action Against Poverty Board of Directors Supervisor Nickens nominated E. Cabell Brand to another two-year term as a joint appointee with the City of Salem. His term will expire May 5, 1994. RECOMMENDATION• It is recommended that the above nominees be appointed. /P Mary H. Allen Clerk to the Board C/)r Elmer C. Hodge County Administrator ---------------------------------------------------------------- ACTION VOTE Approved ( Motion by: Bob L. Johnson No Yes Abs Denied ( ) Eddy x Received ( ) Johnson x Referred ( ) Kohinke x To ( ) Minnix x Nickens x cc: File Fifth Planning District Commission File Total Action Against Poverty Board of Directors File AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, May 26, 1992 RESOLUTION 52692-14.c REQUESTING ACCEPTANCE OF THE EXTENSION OF EDGEBROOR ROAD INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY ROAD SYSTEM BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That this matter came this day to be heard upon the proceedings herein, and upon the application of the Extension of Edgebrook Road from the intersection of Red Lane Extension (Route 705) to the existing Edgebrook Road terminus (Route 1150) for a distance of 0.60 miles to be accepted and made a part of the Secondary System of State Highways under Section 33.1-229 of the Virginia State Code. 2. That it appears to the Board that drainage easements and a sixty (60) foot and variable right-of-way for said road have heretofore been dedicated by virtue of certain maps known as the Extension of Edgebrook Road Subdivision which maps were recorded in Plat Book 14, Page 27, and recorded in Plat Book 14, Page 26 of the records of the Clerk's Office of the Circuit Court of Roanoke County, Virginia, on March 10, 1992, and that by reason of the recordation of said maps no report from a Board of Viewers, nor consent or donation of right-of-way from the abutting property owners is necessary. The Board hereby guarantees said drainage easements and a right-of-way for the street. 3. That said road known as the Extension of Edgebrook Road and which is shown on a certain sketch accompanying this Resolution, be, and the same is hereby established as a public road to become a part of the State Secondary System of Highways in Roanoke County, only from and after notification of official acceptance of said street or highway by the Virginia Department of Transportation. On motion of Supervisor Johnson to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy, NAYS: None A COPY TESTE: Mary H. Allen, Clerk Roanoke County Board of Supervisors cc: File Arnold Covey, Director, Engineering & Inspections and copy for Virginia Department of Transportation ACTION NO. A -52692-14.d ITEM NUMBER L AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: May 26, 1992 AGENDA ITEM: Acceptance of 0.31 miles of Cavalier Drive, 0.06 miles of Sulgrave Road, 0.09 miles of Trinity Court and 0.08 miles of Wimbledon Court into the Secondary System by the Virginia Department of Transportation COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Roanoke County has received acknowledgement that the following roads have been accepted into the Secondary System by the Virginia Department of Transportation effective May 1, 1992: Canterbury Park - Sections 6 & 8 1. 0.31 miles of Cavalier Drive (Route 1799) 2. 0.06 miles of Sulgrave Road (Route 2003) 3. 0.09 miles of Trinity Court (Route 2004) 4. 0.08 miles of Wimbledon Court (Route 2005) Respectfully submitted, Mary H. Allen Clerk Approved by, Elmer C. Hodge County Administrator ---------------------------------------------------------------- ACTION VOTE Approved (x) Motion by: Bnh r._ Tnhn.nn No Yes Abs Denied ( ) Eddy x Received ( ) Johnson x Referred ( ) Kohinke x To ( ) Minnix x Nickens x cc: File Arnold Covey, Director, Engineering & Inspections ACTION NO. A -52692-14.e ITEM NUMBER 'L - AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: May 26, 1992 AGENDA ITEM: Acceptance of 0.58 miles of Crossbow Circle, 0.10 miles of Chukar Drive, 0.20 miles of Archer Drive, 0.14 miles of Red Stag Road and 0.06 miles of Elk Hill Drive into the Secondary System by the Virginia Department of Transportation COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Roanoke County has received acknowledgement that the following roads have been accepted into the Secondary System by the Virginia Department of Transportation effective April 15, 1992: Hunting Hills - Section 4 1. 0.58 miles of Crossbow Circle (Route 1290) 2. 0.10 miles of Chukar Drive (Route 1291) 3. 0.20 miles of Archer Drive (Route 1292) 4. 0.14 miles of Red Stag Road (Route 1293) 5. 0.06 miles of Elk Hill Drive (Route 1294) Respectfully submitted, Approved by, Mary H. Xllen Elmer C. Hodge Clerk County Administrator ---------------------------------------------------------------- Approved ( x) Denied ( ) Received ( ) Referred ( ) To ( ) ACTION Motion by: Boh T Tnhnsnn VOTE No Yes Abs Eddy x Johnson x Kohinke x Minnix x Nickens x cc: File Arnold Covey, Director, Engineering & Inspections AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MAY 26, 1992 RESOLUTION 52692-14.f ABANDONING A PORTION OF STATE SECONDARY ROUTE 634 (HARDY ROAD) LOCATED IN THE TOWN OF VINTON IN ACCORDANCE WITH THE PROVISIONS OF SECTION 33.1-155 OF THE STATE CODE WHEREAS, State Secondary 634 from the eastern corporate limits of the Town of Vinton to State Route 654, a distance of 2.25 miles, has been altered and a new road has been constructed and approved by the State Transportation Commissioner, which new road serves the same citizens as the road so altered; and WHEREAS, certain sections of this new road follow new locations, these being shown on the attached sketch titled "Changes in Secondary System Due to Relocation and Construction on Route 634, Project 0634-080-110,C501 dated at Richmond, Virginia, November 28, 1961." NOW, THEREFORE, be it resolved by the Board of Supervisors of Roanoke County, Virginia, that the sections of old location, i.e. Section 3 shown in blue on the aforementioned sketch, a total distance of 0.028 miles, be, and the same hereby is, abandoned as a public road pursuant to Section 33.1-155 of the 1950 Code of Virginia, as amended. And it is further resolved that the Clerk to the Board forward a certified copy of this resolution to the State Transportation Commissioner. On motion of Supervisor Johnson to adopt the resolution, and carried by the following recorded vote: 1 AT A SPECIAL MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MAY 26, 1992 RESOLUTION 52692-15 CERTIFYING EXECUTIVE MEETING WAS HELD IN CONFORMITY WITH THE CODE OF VIRGINIA WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened an executive meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of The Virginia Freedom of Information Act; and WHEREAS, Section 2.1-344.1 of the Code of Virginia requires a certification by the Board of Supervisors of Roanoke County, Virginia, that such executive 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 executive meeting which this certification resolution applies, and 2. Only such public business matters as were identified in the motion convening the executive meeting were heard, discussed or considered by the Board of Supervisors of Roanoke County, Virginia. On motion of Supervisor Johnson to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy, NAYS: None A COPY TESTE: Mary H. Allen, Clerk Roanoke County Board of Supervisors cc: File Executive Session AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, MAY 26, 1992 ORDINANCE 52692-16 TO CHANGE THE ZONING CLASSIFICATION OF A 3 -ACRE TRACT OF REAL ESTATE, MORE OR LESS, LOCATED AT 6095 NEWPORT ROAD (TAX MAP NO. 13.00-1-53 AND A PORTION OF TAX MAP NO. 13.00-1-52) IN THE CATAWBA MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF A-1 TO THE ZONING CLASSIFICATION OF M-2 WITH CONDITIONS UPON THE APPLICATION OF BOBBY L. HODGES WHEREAS, the first reading of this ordinance was held on April 28, 1992, and the second reading and public hearing was held May 26, 1992; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on May 5, 1992; and, WHEREAS, legal notice and advertisement has been provided as required by law. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the zoning classification of a certain tract of real estate containing 3 acres, more or less, as described herein, and located at 6095 Newport Road, (Tax Map Number 13.00-1-53 and a portion of Tax Map No. 13.00-1-52) in the Catawba Magisterial District, is hereby changed from the zoning classification of A-1, Agricultural District, to the zoning classification of M-2, General Industrial District. 2. That this action is taken upon the application of Bobby L. Hodges. 3. That the owner has voluntarily proffered in writing the following conditions which the Board of Supervisors hereby accepts: a. To be used for machine shop only. b. Building to consist of a maximum of 3,000 sq. ft. C. No outside storage of materials or machinery. d. Land will be increased to a total of three acres prior to obtaining a business license. e. Building and land will be kept clean and neat. f. All metal chips will be recycled. 4. That said real estate is more fully described as follows: STARTING at a point in the center of Virginia Secondary Highway Route 624, which point is the northeasterly corner of that certain 77.2 acres which was conveyed to Bobby L. Hodges, et ux. by Paul F. Sirry, et ux.; thence with the center of Route 624 S. 44 deg. 00' W. 381.15 feet to a point; thence S. 47 deg. 00' W. 371.25 feet to a point; thence S. 30 deg. 00' W. 304.75 feet to a point opposite a 12" poplar which is on the easterly side of Route 624; thence N. 44 deg. 32' W. 160 feet to the Actual Point of Beginning; thence continuing N. 44 deg. 32' W. 348.00 feet to a point; thence N. 34 deg. 00 E. 380.48 feet to a point; thence S. 44 deg. 32' E. 348.00 feet to a point; thence S. 34 deg. 00' W. 380.48 feet to the Actual Point of Beginning, and containing 3 acres, more or less. 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. On motion of Supervisor Kohinke to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None A COPY TESTE: Mary H. Allen, Clerk Roanoke County Board of Supervisors cc: File Arnold Covey, Director, Engineering & Inspections Terry Harrington, Director, Planning & Zoning John Willey, Director, Real Estate Assessment Paul Mahoney, County Attorney AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, MAY 26, 1992 ORDINANCE 52692-17 TO CHANGE THE ZONING CLASSIFICATION OF A 7.864 -ACRE TRACT OF REAL ESTATE LOCATED ON CARLOS DRIVE (TAX MAP NO. 39.01-1-3; 3.1; 3.2; 3.3; 3.4) IN THE HOLLINS MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF A-1 AND M-2 TO THE ZONING CLASSIFICATION OF R -E UPON THE APPLICATION OF JAMES S. BOLLING WHEREAS, the first reading of this ordinance was held on April 28, 1992, and the second reading and public hearing was held May 26, 1992; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on May 5, 1992; 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 7.864 acres, as described herein, and located on Carlos Drive, (Tax Map Number 39.01-1-3; 3.1; 3.2; 3.3; 3.4) in the Hollins Magisterial District, is hereby changed from the zoning classification of A-1 and M-2, Agricultural District and General Industrial District, to the zoning classification of R -E, Residential Estate District. 2. That this action is taken upon the application of James S. Bolling. 3. That said real estate is more fully described as follows: BEGINNING at a point located on the northerly right-of-way line of Va. Sec. Rte. 616 (Carlos Drive, formerly Hershberger Road), which point is approximately 0.2 miles in a northeasterly direction from Va. Sec. Rte. 601, and which point is S. 54 deg. 41' 34" W. 58.75 feet from an iron pin located in the centerline of Va. Sec. Rte. 616 (Carlos Drive), and which point is S. 66 deg. 56' 00" E. 6.00 feet from an iron pin. From the True Point of Beginning thus established; thence leaving the northerly right-of-way line of Va. Sec. Rte. 616 (Carlos Drive) N. 66 deg. 56' 00" W. a total of 224.20 feet to a post, crossing an iron pin at 6.00 feet; thence N. 0.0 deg. 05' 00" E. a total of 653.00 feet to an iron pin, crossing iron pins set at 200.00 feet and 470.00 feet; thence S. 82 deg. 58' 00" E. a total of 238.40 feet to an iron pin, crossing a 7" sumac on line at 31.5 feet; thence N. 72 deg. 23' 00" E. a total of 314.20 feet to an iron pin, crossing an iron pin at 60.00 feet and crossing an 18" locust on line at 306.82 feet; thence S. 15 deg. 12' 00" E. 321.90 feet to an iron pin on the northerly right-of-way line of Va. Sec. Rte. 616 (Carlos Drive); thence with the northerly right-of-way line of Va. Sec. Rte. 616 (Carlos Drive) S. 39 deg. 54' 00" W. a total of 646.97 feet to the True Point of Beginning, crossing iron pins set at 106.37 feet, 212.74 feet (which pin is S. 70 deg. 43' 54" W. 29.27 feet from an iron pin located in the centerline of Va. Sec. Rte. 616 (Carlos Drive), 319.11 feet and 425.48 feet; and containing 7.864 acres; all as more particularly shown on a plat of survey made by T. P. Parker & Son, Engineers -Surveyors - Planners, dated October 7, 1991, and recorded in the Clerk's Office of the Circuit Court for the County of Roanoke, VA, in Plat Book 13, page 161. 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. On motion of Supervisor Eddy to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Kohinke, Minnix, Nickens, Eddy NAYS: None PRESENT: Supervisor Johnson A COPY TESTE: Mary H. A len, Clerk Roanoke County Board of Supervisors cc: File Arnold Covey, Director, Engineering & Inspections Terry Harrington, Director, Planning & Zoning John Willey, Director, Real Estate Assessment Paul Mahoney, County Attorney AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, MAY 26, 1992 ORDINANCE 52692-18 TO CHANGE THE ZONING CLASSIFICATION OF A 0.83 -ACRE TRACT OF REAL ESTATE LOCATED IN THE 6100 BLOCK OF PETERS CREEK ROAD (TAX MAP NO. 27.13-6-62.1) IN THE HOLLINS MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF B-2 AND B-3 TO THE ZONING CLASSIFICATION OF B-2 WITH CONDITIONS UPON THE APPLICATION OF STEVE WALDROP WHEREAS, the first reading of this ordinance was held on April 28, 1992, and the second reading and public hearing was held May 26, 1992; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on May 5, 1992; 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 0.83 acre, as described herein, and located in the 6100 block of Peters Creek Road, (Tax Map Number 27.13-6-62.1) in the Hollins Magisterial District, is hereby changed from the zoning classification of B-2 and B-3, General Commercial District and Special Commercial District, to the zoning classification of B- 2, General Commercial District. 2. That this action is taken upon the application of Steve Waldrop. 3. That the owner (Lube Venture Real Estate Company) has voluntarily proffered in writing the following conditions which the Board of Supervisors hereby accepts: a. Uses permitted by B-2 zoning shall exclude convenience stores. b. Exterior lighting pole height, if erected, will be limited to 14 feet and lighting shall be directed into the lot. 4. That said real estate is more fully described as follows: Parcel I - 0.444 -acre tract of land to be known as "Tract B -2-A, Dr. Davis Division" being a portion of the property conveyed to Lube Ventures Real Estate Company, L.P. by deed of record in Deed Book 1314, page 103 in the Roanoke County Circuit Court Clerk's Office. Said 0.444 - acre tract being more particularly described as follows: BEGINNING in the north right-of-way of Peters Creek Road (Va. State Route 117) and the most southern corner of a tract of land conveyed to Jones Investment Ventures in Deed Book 1317, page 1085 of the Roanoke County deed records; thence with said Peters Creek Road S. 33 deg. 14' 30" W. 120.00 feet to an iron pin set; thence N. 53 deg. 05' 28" W. 165.27 feet to an iron pin set; thence N. 37 deg. 00' 00" E. 120.00 feet to an iron pin found at the western corner of said Jones tract; thence with the south line of said Jones tract S. 53 deg. 00' 04" E. 157.48 feet to the Point of Beginning, and containing 0.444 acre as surveyed by Balzer and Associates, Inc. on February 3, 1992. Parcel II - 0.385 -acre tract of land to be known as "Tract B -2-B, Dr. Davis Division" being a portion of the property conveyed to Lube Ventures Real Estate Company, L.P. by deed of record in Deed Book 1314, page 103 of the Roanoke County deed records, said 0.385 -acre tract being more particularly described as follows: BEGINNING in the north right-of-way of Peters Creek Road (Va. State Route 117) and the centerline of the vacated Jones Road by deed found in Deed Book 1280, page 967; thence along the said centerline N. 56 deg. 55" 00" W. 171.82 feet to an iron pin set, being the most southern corner of a parcel of land conveyed to Charles M. Vandergrift, et. ux.; thence with the southeast line of said Vandergrift parcel N. 37 deg. 00' 00" E. 105.29 feet to an iron pin set; thence N. 53 deg. 05' 28" W. 165.27 feet to a point in the north right-of-way of said Peters Creek Road; thence with said north right-of-way S. 33 deg. 14' 30" W. 94.02 feet to the Point of Beginning and containing 0.385 acre as surveyed by Balzer and Associates, Inc. on February 3, 1992. 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. On motion of Supervisor Johnson to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens NAYS: Supervisor Eddy A COPY TESTE: Mary H. A44en, Clerk Roanoke County Board of Supervisors cc: File Arnold Covey, Director, Engineering & Inspections Terry Harrington, Director, Planning & Zoning John Willey, Director, Real Estate Assessment Paul Mahoney, County Attorney VOTE CORRECTED 6/1/92 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, TUESDAY, MAY 26, 1992 ORDINANCE 52692-19 TO INCREASE THE SALARIES OF THE MEMBERS OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY PURSUANT TO SECTION 3.07 OF THE ROANOKE COUNTY CHARTER AND SECTION 14.1-46.0- 1:1 OF THE CODE OF VIRGINIA WHEREAS, Section 3.07 of the Charter of the County of Roanoke provides for the compensation of members of the Board of Supervi- sors and the procedure for increasing their salaries; and WHEREAS, Section 14.1-46.01:1 of the 1950 Code of Virginia, as amended, establishes the annual salaries of members of boards of supervisors within certain population brackets; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, has heretofore established the annual salaries of Board members to be $9,245 by Ordinance 61290-9 and further has established the additional annual compensation for the chairman for the Board to be $1,800 and for the vice-chairman of the Board to be $1,200; and WHEREAS, this section provides that the maximum annual salaries therein provided may be adjusted in any year by an inflation factor not to exceed five (5%) percent; and WHEREAS, a public hearing on the establishment of these salaries will be held on May 26, 1992; and WHEREAS, the first reading on this ordinance was held on May 12, 1992; the second reading was held on May 26, 1992. NOW, THEREFORE, it is hereby ORDAINED by the Board of Supervisors of Roanoke County, Virginia, that the annual salaries 1 of members of the Board of Supervisors of Roanoke County, Virginia, are hereby increased by an inflation factor of three (3%) percent pursuant to the provisions of Section 3.07 of the Roanoke County Charter and Section 14.1-46.01:1 of the 1950 Code of Virginia, as amended. The new annual salaries shall be $9,522 for members of the Board. In addition, the chairman of the Board will receive an additional annual sum of $1,800 and the vice-chairman of the Board will receive an additional sum of $1,200. This ordinance shall take effect on July 1, 1992. On motion of Supervisor Johnson to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Kohinke, Johnson, Nickens NAYS: Supervisors Minnix, Eddy A COPY TESTE: Mary H. Allen, Clerk cc: File Roanoke County Board of Supervisors Paul M. Mahoney, County Attorney Reta R. Busher, Director, Management & Budget Diane D. Hyatt, Director, Finance D. Keith Cook, Director, Human Resources 2 ACTION NO. A-52692-20 ITEM NO. -� AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: May 26, 1992 AGENDA ITEM: Authorization to Pay Certain Legal Fees for legal action against Grumman Emeraencv Products COUNTY ADMINISTRATOR'S COMMENTS: EXECUTIVE SUMMARY: The County agreed to share with the Town of Vinton the legal expenses for the litigation with Grumman Emergency Products Inc. over the defective ladder on the aerial fire truck. BACKGROUND: In November of 1991, the Board agreed to join with the Town of Vinton in legal action against Grumman Emergency Products, Inc. and other possible defendants over the defective ladder on the aerial fire truck which the County had jointly funded with the Town. Since this vehicle is titled to the Town of Vinton it was agreed that the Town Attorney should handle this litigation. The fees thus far approved by the Board are as follows: February 11, 1992 $1,151.95 March 24, 1992 1,437.59 Attached is a statement dated May 6, 1992, in the amount of $2,363.43 due from Roanoke County. It is anticipated that future billings shall occur on a regular basis. FISCAL IMPACTS• $2,363.43 in current fees to be paid from the Board contingency fund. 1 STAFF RECOMMENDATION: It is recommended that the Board of Supervisors authorize the payment of this invoice from the Board's contingency fund. Respectfully submitted, Paul M. Mahoney J County Attorney cc: Reta Busher c;\wp5] \agenda\genera(\legal.fee cc: File Paul M. Mahoney, County Attorney Reta Busher, Director, Management & Budget Diane Hyatt, Director, Finance E Action Vote No Yes Abs Approved (x) Motionb b L. Jo nnZo m tionEddy x Denied () to aye s i p un s Johnson x Received ( ) appropriated from Board Kohinke x Referred Contingency Fund Nickens x to Minnix x cc: Reta Busher c;\wp5] \agenda\genera(\legal.fee cc: File Paul M. Mahoney, County Attorney Reta Busher, Director, Management & Budget Diane Hyatt, Director, Finance E TOWN OF 'VINTON P. 0. BOX 338 VINTON, VIRGINIA 24179 PHONE (703) 983-0608 JOAN B. FURBISH FAX (703) 983-0621 FINANCE DIRECTOR/TREASURER May 6, 1992 TO: Joe Obenchain, Senior Assistant County Attorney County of Roanoke POB 29800 Roanoke, VA 24018-0798 STATEMEiVT Statement From Natkin, Heslep, Siegel and Natkin, PC For Professional Services Rendered Regarding Litigation With Grumman Aircraft Company April 3, 1992 Statement -- $1,801.93 Fifty Percent (50%) Due From Roanoke County To Town of Vinton $ 900.97 May 4, 1992 Statement -- $2,924.92 Fifth Percent (50%) Due From Roanoke County To Town of Vinton $1,462.46 DUE UPON RECEIPT $2,363.43 MAKE CHECK PAYABLE TO: TOWN OF VINTON CC: Diane D. Hyatt