HomeMy WebLinkAbout8/27/2002 - Regular
August 27,2002
529
Roanoke County Administration Center
5204 Bernard Drive
Roanoke, Virginia 24018
August27,2002
The Board of Supervisors of Roanoke County, Virginia met this day at the
Roanoke County Administration Center, this being the fourth Tuesday and the second
regularly scheduled meeting of the month of August, 2002.
INRE:
CALL TO ORDER
Chairman Church called the meeting to order at 3:02 p.m. The roll call
was taken.
MEMBERS PRESENT: Chairman Joseph B. "Butch" Church, Vice Chairman Joseph
McNamara, Supervisors Richard C. Flora, H. Odell "Fuzzy"
Minnix, Harry C. Nickens
MEMBERS ABSENT: None
STAFF PRESENT: Elmer C. Hodge, County Administrator; Paul M. Mahoney,
County Attorney; Diane S. Childers, Clerk to the Board; John
M. Chambliss, Assistant County Administrator; Dan R.
O'Donnell, Assistant County Administrator; Diane D. Hyatt,
Chief Financial Officer
INRE:
OPENING CEREMONIES
The invocation was given by John M. Chambliss, Jr., Assistant County
Administrator. The Pledge of Allegiance was recited by all present.
IN RE:
BRIEFINGS
1.: Briefina and discussion with the Honorable Bob Goodlatte. United
States Conaress
Congressman Goodlatte thanked the Board for including him in the review
of the Starlight Lane Tire Fire, and stated that he was pleased with the work performed
August 27, 2002
530
by the Federal Environmental Protection Agency (EPA), as well as Roanoke County's
handling of this situation.
Congressman Goodlatte announced the award of $2 million to the
Roanoke Regional Airport to provide enhanced security. He indicated his commitment
to continuing to work with the County on the development of 1-81 and 1-73, and stated
that he hoped that 1-81 will be widened in the near future. He made reference to his
interest in the proposal of Star Solutions, while also giving careful consideration to the
impact that the imposition of polls on the interstate may have on economic
development.
In addition, Congressman Goodlatte spoke concerning the legislation that
he and Congressman Boucher introduced which provides for the rural utility service of
the U. S. Department of Agriculture. This program provides support for a private
venture to install a satellite that will allow local television stations to broadcast via
satellite. This legislation was signed into law two years ago by President Clinton; this
year, President Bush signed into law the funding necessary to implement the program.
At present, a review by the Justice Department of the proposed acquisition of Direct TV
by EchoStar, which would change the manner in which this law is implemented, is a
barrier to the completion of this program.
Congressman Goodlatte indicated that with regard to the ongoing effort to
bring passenger rail service to Southwest Virginia, the economic downturn has delayed
progress in this area. He indicated that in 2000, he and Congressman Boucher had
succeeded in including legislation within an appropriations bill requiring Amtrak to
participate in this process. It is his intention that Amtrak provide the "rolling stock"
August 27, 2002
531
(locomotives, passenger cars), with the State providing the necessary funding.
In closing, Congressman Goodlatte expressed his willingness to assist the
County in continuing to build ties with Virginia Tech as the technology employment base
grows, and expressed his intention to continue working to resolve differences stemming
from economic development opportunities along Route 220.
Supervisor Minnix expressed his appreciation to Congressman Goodlatte
for his assistance, specifically with regard to the construction of the new control tower at
the Roanoke Regional Airport. Supervisor Minnix praised the Congressman's work on
behalf of all the constituents in his district.
Supervisor Church indicated that Congressman is a great asset to the 6th
District, and commended his availability and quick response to citizens. He presented a
County lapel pin as a gift to the Congressman.
2. Briefina and presentation from Virainia Amateur Sports. Inc. on
the 2002 Commonwealth Games of Virainia. (Peter Lampman.
President = Virainia Amateur Sports)
Mr. Lampman reported that 9,500 athletes competed at the 2002
Commonwealth Games. He indicated that the number of participants decreased slightly
due to the National Softball Association tournament which was also being held at that
time. Over the past 13 years, in excess of 110,000 athletes have participated in the
games. According to information received from the Roanoke Valley Convention and
Visitors Bureau, the average expenditure per day was $150, resulting in an economic
impact on the Roanoke Valley of $7.8 million. The competitors were 50% male and
50% female for the first time this year. Mr. Lampman conveyed his thanks to Pete
August 27, 2002
532
Haislip and the Parks & Recreation staff for their assistance.
Supervisor Minnix thanked Mr. Lampman and expressed his desire to
increase the County's contribution to the Commonwealth Games.
Supervisor McNamara stressed the importance of tourism and indicated
his support for the development of venues that support not only tourism initiatives, but
which provide benefits to our citizens year-round.
3. Briefina on water conservation measures. {Elmer Hodae. County
Administrator: ~ Robertson. Utility Director}
This item was heard after the resolution of appreciation to Ms. Lionberger.
Mr. Hodge stated that the purpose of this briefing was to bring the Board
up to date on the current water situation, to request approval to implement voluntary
water conservation, and to advise the Board that a draft policy for the implementation of
conservation measures will be presented at the next meeting. Mr. Hodge reported that
there is approximately 70 - 72% capacity left in Spring Hollow Reservoir which is
sufficient to last the County and surrounding localities for the foreseeable future. At this
time, staff feels it is necessary to take the step toward voluntary conservation to avoid
the potential of a more serious situation in the future.
Mr. Robertson reported that one of the reasons for proceeding with
voluntary conservation at this time was the recommendation of Governor Warner that
Virginia localities proceed with the assessment of existing water supplies and plan for
emergency measures if the drought situation worsens. Mr. Robertson reported that the
drought is nearing a crisis stage at the state level. At present, the County is taking the
following steps to enhance the availability of its water supply:
August 27, 2002
533
» At the time Spring Hollow was constructed, Roanoke County retained many of its
more productive groundwater wells to be used in emergencies. These wells
have a combined capacity between 2 - 3 MGD. Our staff implemented a plan to
gradually bring these wells on-line to reduce future stress on our water system.
At the present time we are supplementing our water supply with approximately
850,000 GPD from these groundwater sources.
» In addition we are receiving approximately 300,000 GPD from the Town of Vinton
to supplement the East 460 corridor. This allows Roanoke County to reduce the
use of Carvins Cove water and thereby increase the net amount of water
provided to Roanoke City.
)ò> Roanoke County has also entered into a contract with Bedford Well Drilling to
drill groundwater wells in the vicinity of the Spring Hollow Water Treatment
Facility. The Health Department has approved five well sites in the area. It is
hoped that reasonable supplies of groundwater can be obtained from these sites.
Because of the close proximity to the treatment facility the water from these wells
could be treated very economically.
Mr. Robertson requested that the Board consider a voluntary conservation
program at this time to serve as an educational process for citizens, as well as extend
the safe use of our water supply and eliminate the need for mandatory conservation at a
later date. He indicated that a draft policy for water conservation measures would be
presented to the Board for consideration at the September 24 meeting, and requested
feedback from the Board prior to the September meeting.
In response to Supervisor Nickens' question, Mr. Robertson indicated that
voluntary conservation would begin immediately and that the water conservation
measures would be sent to citizens in their water bill, as well as placing them on the
County website. He further reported that in the draft policy, the phrase "an adequate
supply exists to meet projected long-term needs" was used to allow some discretion in
determining when conservation measures need to be implemented.
August 27, 2002
534
Supervisor McNamara verified that the net difference in water traded
between Roanoke County and Roanoke City is 4 million gallons per day. He referenced
a recent article in the Roanoke Times which outlined the water situation in Frederick,
Maryland where water is being brought in on trucks. Supervisor McNamara stressed
that voluntary conservation should occur at all times.
In response to Supervisor Church's question, Mr. Robertson stated that in
spite of the recent rains, the County was unable to pump water from the Roanoke River.
The rain did, however, increase the flow from 11 cubic feet per second to 38-40 cubic
feet per second. Supervisor Church encouraged citizens to carefully consider the water
saving measures recommended by staff.
It was the consensus of the Board to direct staff to proceed with the
implementation of voluntary conservation effective August 28, 2002. Mr. Hodge
indicated that meetings are ongoing between the Roanoke City and the County
regarding a regional water authority. He stated that both the County and the City will
jointly present information to the Board as soon as it is available.
IN RE:
PROCLAMATIONS,
PRESENTATIONS
RESOLUTIONS,
RECOGNITIONS
&
1.: Resolution of appreciation to Lorinda G. Lionberaer in
recoanition of her eiaht years of service representinQ the Salem
District 2.!l the Commonwealth Transportation Board
R-082702-1
Chairman Church presented the resolution to Ms. Lionberger.
August 27, 2002
535
Supervisor McNamara moved to adopt the resolution. The motion carried
by the following recorded vote:
AYES:
Supervisors Flora, McNamara, Minnix, Nickens, Church
NAYS:
None
RESOLUTION 082702-1 OF APPRECIATION TO LORINDA G.
LIONBERGER FOR HER SERVICE AS SALEM DISTRICT
REPRESENTATIVE ON THE COMMONWEALTH TRANSPORTATION
BOARD
WHEREAS, Lorinda G. Lionberger was appointed by Governor Allen to the
Commonwealth Transportation Board in February 1994 and reappointed in 1997; and
WHEREAS, Ms. Lionberger was reappointed to the Commonwealth
Transportation Board by Governor Gilmore in 2001 and served through July 12, 2002;
and
WHEREAS, Ms. Lionberger represented the Salem District, which includes the
Counties of Bedford, Botetourt, Craig, Carroll, Floyd, Franklin, Giles, Henry,
Montgomery, Patrick, Pulaski and Roanoke in an admirable and responsible manner;
and
WHEREAS, during her eight years of service, Ms. Lionberger was dedicated to
improving the transportation needs of the Salem District, as well as providing leadership
and funding for the nine districts served by the Commonwealth Transportation Board;
and
WHEREAS, during Ms. Lionberger's service, planning and enhancements for
several interstate highway projects were commenced, and many regional projects were
begun and/or completed including the Route 460 Bypass in the New River Valley, the
Route 122 Moneta Bypass, Route 58 in Patrick County, and the pedestrian bridge in the
City of Roanoke; and
WHEREAS, Ms. Lionberger has also been active in her community through her
service to the Roanoke Regional Chamber's Transportation Advocacy Group, TRUST
Board of Directors, Roanoke Valley Speech and Hearing Center, Roanoke County
Public School Education Foundation, and the Roanoke Valley Convention and Visitors
Bureau.
NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of
Roanoke County, Virginia, expresses its deepest appreciation to LORINDA G.
LIONBERGER for her many years of service to the citizens of Roanoke County as the
Salem District Representative on the Commonwealth Transportation Board and as an
active citizen in the Roanoke Valley community; and
FURTHER, the Board of Supervisors expresses it's thanks to Ms. Lionberger for
her dedication to the transportation needs of all citizens throughout the State of Virginia.
August 27, 2002
536
On motion of Supervisor McNamara to adopt the Resolution, and carried by the
following recorded vote:
AYES: Supervisors Flora, McNamara, Minnix, Nickens, Church
NAYS: None
2. Resolution of conaratulations to the Inaersoll-Rand Roanoke
plant for their efforts in the safe rescue of the Pennsylvania
miners and declarina Auaust 27.2002 as Inaersoll-Rand Day
R-082702-2
Chairman Church presented the resolution to Vern Cameron, Vice-
President and General Manager, and Kay Fechisin, Director of Human Resources.
Supervisor McNamara moved to adopt the resolution. The motion carried
by the following recorded vote:
AYES:
Supervisors Flora, McNamara, Minnix, Nickens, Church
NAYS:
None
RESOLUTION 082702·2 OF CONGRATULATIONS TO THE
INGERSOLL-RAND ROANOKE PLANT FOR THEIR EFFORTS IN THE
SAFE RESCUE OF THE PENNSYLVANIA MINERS AND DECLARING
AUGUST 27, 2002, AS INGERSOLL-RAND DAY IN THE COUNTY OF
ROANOKE
WHEREAS, Ingersoll-Rand opened its rock-drilling plant in Roanoke County in
1968 and for thirty years, has been a major employer in the County and the Roanoke
Valley, and WHEREAS, the Roanoke Ingersoll-Rand Plant has downhole drill
assembly and shipping operations while the world-wide drilling headquarters is located
in Garland, Texas; and
WHEREAS, on Wednesday, July 24, 2002, nine miners were trapped 240 feet
underground in the Quecreek Mine near Somerset, Pennsylvania, when they
inadvertently breached an abandoned, water-filled mine; and
WHEREAS, on Thursday, July 25, 2002, the 1,500 pound drill bit from another
company broke in the shaft during the rescue operation and an Ingersoll-Rand dealer in
Somerset called requesting assistance; and by 8:00 a.m. Thursday, the Roanoke Plant
had a downhole drill and a 30 inch drill bit being transported to the site; and
WHEREAS, on Friday, July 26, 2002, the Roanoke Plant sent another drill with a
26 inch drill bit as a backup to the rescue mission; and
August 27, 2002
537
WHEREAS, the drill delivered by the Ingersoll-Rand Roanoke Plant on Thursday
broke through the ground to reach the trapped miners, who although sustaining some
injuries, were alive after 72 hours underground.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That the Board congratulates and recognizes the role played by the
employees of the Ingersoll-Rand Roanoke Plant in the safe rescue of the nine
Pennsylvania miners trapped underground; and
2. That the Board declares August 27, 2002, as Ingersoll-Rand Day in
Roanoke County in recognition of the Roanoke Plant employees' commitment to service
to their fellow man and the company's thirty-fifth anniversary as a Roanoke County
business partner.
On motion of Supervisor McNamara to adopt the Resolution, and carried by the
following recorded vote:
AYES: Supervisors Flora, McNamara, Minnix, Nickens
NAYS: None
3. Proclamation declarina Auaust 30. 2002 !!!! the third annual
"Hokie Pride Day"
The proclamation was accepted by Brian Wilson and Pat Green.
INRE:
NEW BUSINESS
1.: Award of additional TEA-21 arant funds for exhibits in the Blue
Ridae Parkway Visitor Center. {Diane Hyatt. Chief Financial
Officer}
A-082702-3
Ms. Hyatt reported that The Blue Ridge Parkway Visitor Center is a
partnership between the National Park Service, Roanoke County, and Virginia's Explore
Park. The purpose of the Visitor Center is to orient visitors to the Blue Ridge Parkway
and surrounding region, and to interpret the cultural heritage, scenic qualities, and
recreational features of the Parkway region in this area of Virginia.
August 27, 2002
538
Ms. Hyatt stated that the grand opening for the Visitor Center was held on
May 7, 2001 and the Center has been well attended by Parkway visitors. The Visitor
Center consists of a large exhibit space, lecture room, gift shop, and restroom facilities.
The planned design envisioned a theater and three exhibit sections:
1. The Region Today which highlights the Roanoke Valley today.
2. History of the Blue Ridge Parkway
3. History of the Roanoke Valley which highlights the natural and cultural
history of the Valley.
Ms. Hyatt indicated that while the Visitor Center is open and functional, the
exhibit space is currently being used for traveling exhibits and the lecture room is only
partially furnished. The County has been accumulating grant funds to be used to fund
the permanent exhibits and furnish the lecture room with audio/visual equipment. The
County was previously awarded a total of $263,000 in TEA-21 Grant Funds for exhibit
and theater construction in the Blue Ridge Parkway Visitor Center.
The County has recently been awarded an additional $77,000 in TEA-21
Grant Funds for this project, bringing the total to $340,000. This is the final grant that
will be used to complete the project. In order to work within the available funds, staff will
complete the equipping and furnishing of the theater, and construct two of the exhibits
listed above - The Region Today and the History of the Blue Ridge Parkway. The third
exhibit space will be left empty in order to host traveling exhibits to provide a fresh
attraction for returning visitors.
Staff is currently receiving bids for equipping the theater, with plans to
begin using the theater space this winter for special lectures and groups. Ms. Hyatt
August 27, 2002
539
indicated that finalization of the construction specifications for the exhibits is in progress
and the project is anticipated to be placed for bid in Fall 2002.
In response to Supervisor Nickens' question, Ms. Hyatt indicated that
additional grants were not being sought to complete the construction of the third gallery
because there is a benefit to leaving one gallery open for traveling exhibits.
Supervisor Minnix recognized the contributions of Congressman Goodlatte
and Senator Warner, as well as Supervisor Nickens who has been involved with the
project from its inception.
Supervisor Nickens moved to approve staff recommendation to
appropriate the additional $77,000 grant. The motion carried by the following recorded
vote:
AYES:
NAYS:
INRE:
Supervisors Flora, McNamara, Minnix, Nickens, Church
None
REQUEST FOR PUBLIC HEARINGS AND FIRST READING OF
REZONING ORDINANCES - CONSENT AGENDA
In response to Supervisor McNamara's inquiry regarding Item 2,
Ms. Janet Scheid, Chief Planner, stated that the owner is classified as a "drive-in
restaurant" due to the fact that his business offers drive-thru service which necessitates
obtaining a special use permit. This provides staff the opportunity to review the stacking
lanes and to ensure there is sufficient area to accommodate traffic flow in the parking
lot.
In response to Supervisor Flora's question, Ms. Scheid stated that the
definition of a "drive-in restaurant" is applied to any business offering a "drive-thru"
August 27, 2002
540
window service, and requires that they provide six stacking spaces and appropriate
circulation of traffic around the drive-thru lane.
Supervisor Minnix moved to approve the first readings and set the second
readings and public hearings for September 24, 2002. The motion carried by the
following recorded vote:
AYES: Supervisors Flora, McNamara, Minnix, Nickens, Church
NAYS: None
1.:. First readina of !.!l ordinance to obtain ª special use permit on ª
.374 acre parcel located at 3704 Brambleton Avenue and rezoninQ
from C-1. Office District. to C-2. General Commercial District. and
to obtain ª special use permit on ª .226 ~ portion located at
3738 Brambleton Avenue for the construction and operation of ª
minor automobile repair service and used automobile dealership,
Cave Sprina Maaisterial District. upon the petition of Keith W.
Martin and the Roanoke County Board of Supervisors.
2. First readina of an ordinance to obtain ª special use permit to
construct a drive-in restaurant on 10.15 acres located at the 4300
block of Starkey Road. Cave Sprina Maaisterial District. upon the
petition of Robert A. Buckley.
IN RE: SECOND READING OF ORDINANCES
1.:. Second readina of an ordinance amendina Section 16-15. "When
Sale Authorized" of Article V "Unclaimed Personal Property" of
Chapter 16 "Police" of the Roanoke County Code to provide for
August 27, 2002
541
the donation of unclaimed personal property to charitable or !!..Q.!l:
profit oraanizations. (Paul Mahoney. County Attorney)
0-082702-4
Mr. Mahoney reported that the proposed ordinance amends the portion of
the County Code dealing with the disposition of unclaimed personal property that comes
into the possession of the Chief of Police. The current Code requires that legal notices
are published, and a letter is provided by the Commonwealth's Attorney stating that the
property is not needed for any subsequent criminal prosecution. Four years ago the
Board adopted an amendment allowing the Chief of Police to donate bicycles and
mopeds to certain charitable organizations. Staff is currently requesting that this
exemption be further expanded to allow the donation of certain unclaimed personal
property to charitable organizations or to retain the unclaimed personal property for use
by the local government or Police Department, subject to those protective procedural
steps.
In response to a question from Supervisor Minnix, Mr. Mahoney stated
that legally this process can be implemented for personal property which remains
unclaimed for more than 30 days. To protect the integrity of the process, staff is
requesting that it be applied to personal property which has remained unclaimed for
more than 60 days.
Supervisor Nickens moved to adopt the ordinance. The motion carried by
the following recorded vote:
AYES: Supervisors Flora, McNamara, Minnix, Nickens, Church
NAYS: None
August 27, 2002
542
ORDINANCE 082702-4 AMENDING SECTION 16-15, "WHEN SALE
AUTHORIZED" OF ARTICLE V. "UNCLAIMED PERSONAL
PROPERTY" OF CHAPTER 16. "POLICE" OF THE ROANOKE COUNTY
CODE TO PROVIDE FOR THE DONATION OF UNCLAIMED
PERSONAL PROPERTY TO CHARITABLE OR NONPROFIT
ORGANIZATIONS
WHEREAS, Section 15.2-1719 of the 1950 Code of Virginia, as amended,
authorizes localities to adopt an ordinance to provide for the public sale or retention for
its use of unclaimed personal property which has been in the possession of a police
department, unclaimed, for more than 30 days; and
WHEREAS, the first reading of this ordinance was held on August 13, 2002; and
the second reading was held August 27,2002; and
WHEREAS, the Board of Supervisors hereby finds that the donation of
unclaimed personal property in the possession of the police department to charitable or
nonprofit organizations serves a valuable public interest.
NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke
County as follows:
1. That Section 16-15 of Article V of Chapter 16 of the Roanoke County
Code is hereby amended as follows:
Sec. 16-15. When sale or donation authorized.
(a) Any unclaimed personal property which has been in the possession of the
police department and is unclaimed for a period of more than sixty (60) days may be
disposed of by the chief of police by public sale, subject to the provisions of this article.
(b) Any bicycle or moped which has been in the possession of the police
department and is unclaimed for a period of more than sixty (60) days may be donated
to a charitable organization by the chief of police.
Ic) Anv unclaimed personal property which has been in the possession of the
police department and is unclaimed for a period of more than sixtv (60) days may be
donated to a charitable or nonprofit orqanization bv the chief of police. or it mav be
retained for use bv the police department. Prior to any donation or retention of
unclaimed personal property the chief of police shall follow the procedures found in
Section 16-16.
2. That this ordinance shall be effective from and after the date of its
adoption.
On motion of Supervisor Nickens to adopt the Ordinance, and carried by the
following recorded vote:
AYES: Supervisors Flora, McNamara, Minnix, Nickens
NAYS: None
2. Second readina of an ordinance authorizina the vacation. auit-
claim and release of ª portion of ª 20 ft. sanitarv sewer easement
August 27, 2002
543
across Lots 15. 16. and 22. and across Timber Wolf Circle (Deed
Book 1234. Paae 851), Cave Sprina Maaisterial District. (Arnold
Covey. Director of Community Development)
0-082702-5
Mr. Covey stated that there have been no changes in this proposed
ordinance since the first reading.
There was no discussion on this matter.
Supervisor Minnix moved to adopt the ordinance. The motion carried by
the following recorded vote:
AYES:
Supervisors Flora, McNamara, Minnix, Nickens, Church
NAYS:
None
ORDINANCE 082702-5 TO VACATE, QUIT-CLAIM AND RELEASE A
PORTION OF A 20' SEWER EASEMENT CONVEYED TO THE BOARD
OF SUPERVISORS IN DEED BOOK 1234, PAGE 851, ACROSS LOTS
15,16 AND 22 (TAX MAP NOS. 87.16-5-15, 87.16-5-16 & 87.16-5-22),
AND ACROSS TIMBER WOLF CIRCLE, HUNTING HILLS
SUBDIVISION, SECTION 27, OWNED BY OLD HERITAGE
CORPORATION, LOCATED IN THE CAVE SPRING MAGISTERIAL
DISTRICT
WHEREAS, by deed of easement dated March 17, 1986, and recorded in the
Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Deed Book 1234,
page 851, Old Heritage Corporation conveyed to the Board of Supervisors of Roanoke
County, Virginia, a 20' sanitary sewer easement across a parcel of land lying between
Peregrine Crest Circle, SW., and Sleepy Hollow Drive, S.W., in the Cave Spring
Magisterial District of the County of Roanoke, Virginia, as shown on the plat attached
thereto; and,
WHEREAS, the petitioner, Old Heritage Corporation, is the current owner of the
parcels of land over which the above-described easement is located, said property
having been subdivided by 'PLAT OF SUBDIVISION FOR SECTION NO. 27, HUNTING HILLS,'
of record in the aforesaid Clerk's Office in Plat Book 25, page 122; and,
WHEREAS, by said subdivision plat, petitioner has previously dedicated an
alternative sanitary sewer easement in which the sewer lines for development of
Hunting Hills, Section 27, have been constructed; and,
August 27, 2002
544
WHEREAS, the subject portion of the existing easement is no longer required
and the petitioner has requested that the Board of Supervisors vacate, quit-claim and
release the portion of the 20' sanitary sewer easement shown on Exhibit A attached
hereto; and,
WHEREAS, the new easement meets the requirements of the affected County
departments, the relocation provides equivalent service, and the relocation has been
accomplished without cost to the County.
THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That pursuant to the provisions of Section 18.04 of the Roanoke County
Charter, the acquisition and disposition of real estate can be authorized only by
ordinance. A first reading of this ordinance was held on August 13, 2002; and a
second reading was held on August 27, 2002; and,
2. That pursuant to the provisions of Section 16.01 of the Charter of
Roanoke County, the subject real estate (portion of sanitary sewer easement) is hereby
declared to be surplus and the nature of the interest in real estate renders it unavailable
for other public uses; and,
3. That, subject to the following condition, a portion of a 20' sanitary sewer
easement conveyed to the Board of Supervisors of Roanoke County by deed dated
March 17, 1986, and recorded in the aforesaid Clerk's Office in Deed Book 1234, page
851, now located across Lots 15, 16, and 22 (Tax Map Nos. 87.16-5-15, 87.16-5-16 &
87.16-5-22), and across Timber Wolf Circle in Hunting Hills, Section 27, recorded in Plat
Book 25, page 122, owned by Old Heritage Corporation, the subject portion of
easement being shown cross-hatched on the plat dated July 22, 2002, prepared by
Lumsden Associates, P.C., Engineers-Surveyors-Planners, a copy of which is attached
hereto as Exhibit A, be and hereby is authorized to be vacated, quit-claimed and
released; and,
4. That, as a condition to the adoption of this ordinance, Old Heritage
Corporation shall be responsible for all costs and expenses associated herewith,
including but not limited to, any costs associated with relocation of the lines, surveys,
publication, and recordation of documents; and,
5. That the County Administrator, or any Assistant County Administrator, is
hereby authorized to execute such documents and take such actions as may be
necessary to accomplish this vacation, all of which shall be on form approved by the
County Attorney.
On motion of Supervisor Minnix to adopt the Ordinance, and carried by the
following recorded vote:
AYES: Supervisors Flora, McNamara, Minnix, Nickens
NAYS: None
3. Second readina of an ordinance authorizina the acauisition and
acceptance of ª donation of 1.4076 acres of land adioinina Garst
August 27, 2002
545
Mill Park from Frank R. Radford and Marv Elizabeth Radford.
Windsor Hills Maaisterial District. {Mark Courtriaht. Assistant
Director of Parks}
0-082702-6
Mr. Pete Haislip, Director of Parks, Recreation & Tourism, stated that
there has been no change in this matter since the first reading of the ordinance.
Supervisor McNamara stated that the Garst Mill Greenway is well-
traveled, and he commended Dr. Robertson, the previous owner of the property, for his
willingness to grant the easements necessary for the construction of the Greenway, and
conveyed his appreciation to Mr. and Mrs. Radford for the donation of this land.
Mr. Haislip conveyed his thanks to Mr. and Mrs. Radford, and requested
that they be publicly recognized at the evening session tonight.
Supervisor Minnix requested that the staff prepare an appropriate letter of
thanks to Mr. and Mrs. Radford for their donation.
Supervisor McNamara moved to adopt the ordinance. The motion carried
by the following recorded vote:
AYES:
Supervisors Flora, McNamara, Minnix, Nickens, Church
NAYS:
None
ORDINANCE 082702-6 AUTHORIZING THE ACQUISITION AND
ACCEPTANCE OF A DONATION OF 1.4076 ACRES OF LAND
ADJOINING GARST MILL PARK FROM FRANK R. RADFORD AND
MARY ELIZABETH RADFORD
WHEREAS, by deed of easement dated May 1, 1997, and recorded in the
Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Deed Book 1544,
August 27, 2002
546
page 1940, James O. Roberson conveyed a public access trail and greenway easement
connecting with Garst Mill Park to the Board of Supervisors of Roanoke County; and,
WHEREAS, the Roberson property was subsequently acquired and developed
as 'Cresthill Commons' by Radford & Company; and,
WHEREAS, the area of the public access trail and greenway easement was set
out as a separate tract on the subdivision plat and was conveyed to Frank R. Radford
and Mary Elizabeth Radford; and,
WHEREAS, the Radfords have offered to donate the land in fee simple to the
County and the Department of Parks, Recreation and Tourism has recommended
acceptance of the property; and,
WHEREAS, Section 18.04 of the Roanoke County Charter directs that the
acquisition of real estate be accomplished by ordinance; the first reading of this
ordinance was held on August 13, 2002; and the second reading was held on August
27,2002.
NOW THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That the County Administrator is hereby authorized to accept the donation
of 1.4076 acre of land, designated and shown as "TRACT "A" 61,314 S.F. = 1.4076 AC."
upon the plat of "Cresthill Commons", recorded in the Clerk's Office of the Circuit Court
of Roanoke County in Plat Book 24, page 86, a partial copy of which is attached hereto
as Exhibit A, from Frank R. Radford and Mary Elizabeth Radford.
2. That the County Administrator or an Assistant County Administrator is
authorized to execute such documents and take such actions on behalf of Roanoke
County in this matter as are necessary to accomplish the acquisition and acceptance of
this property, all of which shall be approved as to form by the County Attorney.
3. That this ordinance shall be effective on and from the date of its adoption.
On motion of Supervisor McNamara to adopt the Ordinance, and carried by the
following recorded vote:
AYES: Supervisors Flora, McNamara, Minnix, Nickens
NAYS: None
4. Second readina of an ordinance authorizina conveyance of
easements Q!! property owned .!2ï the Board of Supervisors to
Verizon Virainia. Inc. for telephone/communication service to the
Center for Research and Technoloay. Catawba Maaisterial
District. (Georae Simpson. Assistant Director of Community
Development)
0-082702-7
August 27,2002
547
Mr. Arnold Covey, Director of Community Development, reported that
there had been no changes in this matter since the first reading of the ordinance.
There was no discussion on this matter.
Supervisor Church moved to adopt the ordinance. The motion carried by
the following recorded vote:
AYES:
Supervisors Flora, McNamara, Minnix, Nickens, Church
NAYS:
None
ORDINANCE 082702-7 AUTHORIZING CONVEYANCE OF
EASEMENTS ON PROPERTY OWNED BY THE BOARD OF
SUPERVISORS TO VERIZON VIRGINIA INC. FOR
TELEPHONE/COMMUNICATION SERVICE TO THE ROANOKE
COUNTY CENTER FOR RESEARCH AND TECHNOLOGY IN THE
CATAWBA MAGISTERIAL DISTRICT
WHEREAS, Roanoke County staff is coordinating the development of the Center
for Research and Technology; and,
WHEREAS, Verizon - Virginia, Inc. (Verizon) requires a right of way and
easement for distribution lines, facilities and access on the County's property adjacent
to Corporate Circle to provide telephone and communication service to the Center for
Research and Technology, specifically including the sites as shown on the
'Combination, Re-Subdivision and Vacation Plat for The Board of Supervisors of
Roanoke County, Virginia, Center for Research & Technology (CRT), Section One',
dated February 8, 2002, and recorded in the Clerk's Office of the Circuit Court of
Roanoke County in Plat Book 25, page 54; and,
WHEREAS, the proposed easement will serve the interests of the public and is
necessary for the public health, safety, and welfare of citizens of the County of
Roanoke.
THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That pursuant to the provisions of Section 18.04 of the Roanoke County
Charter, the acquisition and disposition of real estate can be authorized only by
ordinance. A first reading of this ordinance was held on August 13, 2002, and a
second reading was held on August 27,2002.
2. That pursuant to the provisions of Section 16.01 of the Charter of
Roanoke County, the interests in real estate to be conveyed are hereby declared to be
surplus, and are hereby made available for other public uses by conveyance to Verizon
August 27, 2002
548
Virginia, Inc., for the provision of telephone and communication services in connection
with Roanoke County's development of the Center for Research and Technology.
3. That donation to Verizon Virginia Inc. of an easement, 30' x 50', for
communication and distribution systems, facilities and equipment, and an easement, 15'
in width, for access and utilities, on the County's property (Tax Map No. 54.00-1-2)
adjacent to Corporate Circle, to provide telephone and communication services to the
Center for Research and Technology, said easements being shown and designated as
"NEW 1,500 SQ. FT. (30' x 50') EASEMENT BOUNDED BY CORNERS 1-2-3-4-1 INCLUSIVE" and
"NEW 15' WIDE ACCESS & UTILITY EASEMENT BEING GRANTED TO VERISON-VIRGINIA FROM
POINT 2 NORTH FOR 124.9'± TO SOUTHERLY RIGHT OF WAY LINE OF GLENMARY DRIVE WHEN
EXTENDED", on the 'Easement Plat for Verizon - Virginia', a copy of which is attached
hereto as Exhibit A, is hereby authorized and approved. 4. That the County
Administrator, or any assistant county administrator, is hereby authorized to execute
such documents and take such further actions as may be necessary to accomplish this
conveyance, all of which shall be on form approved by the County Attorney.
5. That this ordinance shall be effective on and from the date of its adoption.
On motion of Supervisor Church to adopt the Ordinance, and carried by the
following recorded vote:
AYES: Supervisors Flora, McNamara, Minnix, Nickens
NAYS: None
INRE:
APPOINTMENTS
1.:. Grievance Panel
Supervisor Nickens nominated Cecil Hill to serve an additional three-year
term which will expire on September 27,2005.
2. Industrial Development Authority {Not Appointed Qï District}
Supervisor Nickens nominated Craig W. Sharp and Supervisor Minnix
nominated Allan Robinson, Jr. to serve additional four-year terms. Mr. Sharp resides in
the Vinton District and Mr. Robinson in the Windsor Hills District. Their terms will expire
on September 26, 2006.
3. Roanoke County Cable Television Committee
August 27, 2002
549
Supervisor Nickens nominated Lee Eddy to serve the unexpired term of
Jim Dickey, Member at Large, who is very ill and cannot continue to serve. His three-
year term will expire June 30, 2004.
4. Roanoke Valley Reaional Cable TV Committee
Supervisor Nickens nominated David Jones, Jr. to serve the unexpired
term of Jim Dickey, Member at Large, who is very ill and cannot continue to serve. His
thee-year term will expire June 30, 2004.
5. Social Services Advisory Board (Appointed ~ District)
Supervisor Nickens nominated H. Odell Minnix, Board Liaison, to serve an
additional four-year term which will expire on August 1, 2006.
6. Virainia's First Reaional'ndustrial Facility Authority
Supervisor Minnix nominated Richard C. Flora and Doug Chittum, Director
of Economic Development, to serve additional four-year terms which will expire on
September 24, 2006.
Supervisor Minnix also nominated Joe "Butch" Church and Jill Loope,
Assistant Director of Economic Development, to serve additional four-year terms as
Alternates. Their terms will expire on September 24, 2006.
IN RE: CONSENT
R-ÐS2702-8, R-082702-8.a. R-Ð82702-8.b. R-Ð82702-8.c. R-082702-8.d
Supervisor Nickens moved to adopt the Consent Resolution. The motion
carried by the following recorded vote:
AYES: Supervisors Flora, McNamara, Minnix, Nickens, Church
NAYS: None
August 27, 2002
550
RESOLUTION 082702·8 APPROVING AND CONCURRING
IN CERTAIN ITEMS SET FORTH ON THE BOARD OF
SUPERVISORS AGENDA FOR THIS DATE DESIGNATED
AS ITEM J - CONSENT AGENDA
BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as
follows:
1. That the certain section of the agenda of the Board of Supervisors for August
27, 2002 designated as Item J - Consent Agenda be, and hereby is, approved and
concurred in as to each item separately set forth in said section designated Items 1
through 10, inclusive, as follows:
1. Approval of minutes - August 13, 2002
2. Resolutions of appreciation upon the retirement of:
(a) Phyllis A. Johnson, Sheriff's Office, after twenty-two years of service
(b) Michael A. Shank, Sheriff's Office, after twenty-two years of service
(c) Aileen V. Bohon, Sheriff's Office, after seventeen years of service
(d) Alan L. Perdue, Sheriff's Office, after eleven years of service
3. Donation of an easement from Scott T. Mesner (Tax Map No. 38.06-01-01),
Hollins Magisterial District
4. Donation of an easement from Bradley L. Behan and Virginia Dasse-Behan
(Tax Map No. 38.06-01-02), Hollins Magisterial District
5. Request to accept a grant from the Department of Criminal Justice Services
in the amount of $26,857 to fund a portion of the salary cost of the Cave
Spring Middle School Resource Officer from July 1, 2002 - June 30, 2003
6. Request to accept a grant from the Department of Criminal Justice Services
in the amount of $5,025 to be used by the Roanoke Valley Triad for crime
prevention programs from July 1, 2002 - June 30, 2003
7. Request to accept a grant from the Department of Criminal Justice Services
in the amount of $26,857 to fund a portion of the salary cost of the William
Byrd Middle School Resource Officer from July 1, 2002 - June 30, 2003
8. Request to accept a grant from the Department of Criminal Justice Services
in the amount of $26,857 to fund a portion of the salary cost of the Northside
Middle School Resource Officer from July 1, 2002 - June 30, 2003
9. Request to accept a grant from the Department of Criminal Justice Services
in the amount of $25,091 to fund a portion of the salary cost of the Hidden
Valley Middle School Resource Officer from July 1, 2002 - June 30, 2003
10. Request to accept a grant from the Department of Criminal Justice Services
in the amount of $32,431 to fund a portion of the salary cost of the Hidden
Valley High School Resource Officer from July 1, 2002 - June 30, 2003
That the Clerk to the Board is hereby authorized and directed where required by law to
set forth upon any of said items the separate vote tabulation for any such item pursuant
to this resolution.
On motion of Supervisor Nickens to adopt the Consent Resolution, and carried
by the following recorded vote:
AYES: Supervisors Flora, McNamara, Minnix, Nickens
August 27, 2002
551
NAYS: None
RESOLUTION 082702-8.a EXPRESSING THE APPRECIATION OF THE
BOARD OF SUPERVISORS OF ROANOKE COUNTY UPON THE
RETIREMENT OF PHYLLIS A. JOHNSON, SHERIFF'S OFFICE, AFTER
TWENTY-TWO YEARS OF SERVICE
WHEREAS, Phyllis A. Johnson was first employed by Roanoke County on
August 1, 1980, as a Deputy Sheriff with the Sheriff's Office; and
WHEREAS, Deputy Sheriff Johnson, who worked with the care and confinement
of prisoners, retired from Roanoke County on August 1, 2002, after twenty-two years of
service; and
WHEREAS, Deputy Sheriff Johnson provided valuable assistance to the
Department of Social Services in the prevention of welfare fraud; and
WHEREAS, Deputy Sheriff Johnson, through her employment with Roanoke
County, has been instrumental in improving the quality of life for its citizens.
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of
Roanoke County expresses its deepest appreciation and the appreciation of the citizens
of Roanoke County to PHYLLIS A. JOHNSON for twenty-two years of capable, loyal
and dedicated service to Roanoke County.
FURTHER, the Board of Supervisors does express its best wishes for a happy,
restful, and productive retirement.
On motion of Supervisor Nickens to adopt the resolution, and carried by the
following recorded vote:
AYES: Supervisors Flora, McNamara, Minnix, Nickens, Church
NAYS: None
RESOLUTION 082702-8.b EXPRESSING THE APPRECIATION OF THE
BOARD OF SUPERVISORS OF ROANOKE COUNTY UPON THE
RETIREMENT OF MICHAEL A. SHANK, SHERIFF'S OFFICE, AFTER
TWENTY-TWO YEARS OF SERVICE
WHEREAS, Michael A. Shank was first employed by Roanoke County on July 1,
1980, as a Deputy Sheriff in the Corrections Division of the Sheriff's Office; and
WHEREAS, Deputy Sheriff Shank retired from Roanoke County on August 1,
2002, as Deputy Sheriff in the Civil Division, after twenty-two years and one month of
service; and
WHEREAS, Deputy Sheriff Shank provided valuable assistance to the County
by operating the Jail Canteen, supervising inmates, and serving as Court Bailiff and
Civil Process Server; and
WHEREAS, Deputy Sheriff Shank, through his employment with Roanoke
County, has been instrumental in improving the quality of life for its citizens.
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of
Roanoke County expresses its deepest appreciation and the appreciation of the citizens
August 27, 2002
552
of Roanoke County to MICHAEL A. SHANK for over twenty-two years of capable, loyal
and dedicated service to Roanoke County.
FURTHER, the Board of Supervisors does express its best wishes for a happy,
restful, and productive retirement.
On motion of Supervisor Nickens to adopt the resolution, and carried by the
following recorded vote:
AYES: Supervisors Flora, McNamara, Minnix, Nickens, Church
NAYS: None
RESOLUTION 082702-8.c EXPRESSING THE APPRECIATION OF THE
BOARD OF SUPERVISORS OF ROANOKE COUNTY UPON THE
RETIREMENT OF AILEEN V. BOHON, SHERIFF'S OFFICE, AFTER
SEVENTEEN YEARS OF SERVICE
WHEREAS, Aileen V. Bohon was first employed by Roanoke County on
December 1, 1984, in the Sheriff's Office to assist with the preparation and service of
food in the jail; and
WHEREAS, Ms. Bohon retired from Roanoke County on August 1, 2002, as the
Corrections Food Services Director, after seventeen years and eight months of service;
and
WHEREAS, Ms. Bohon, during her many years of service, continued to receive
100% compliance in the minimum standards of operations with the Virginia Department
of Corrections, the Virginia Department of Health and the American Corrections
Association; and
WHEREAS, Ms. Bohon, through her employment with Roanoke County, has
been instrumental in improving the quality of life for its citizens.
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of
Roanoke County expresses its deepest appreciation and the appreciation of the citizens
of Roanoke County to AILEEN V. BOHON for over seventeen years of capable, loyal
and dedicated service to Roanoke County.
FURTHER, the Board of Supervisors does express its best wishes for a happy,
restful, and productive retirement.
On motion of Supervisor Nickens to adopt the resolution, and carried by the
following recorded vote:
AYES: Supervisors Flora, McNamara, Minnix, Nickens, Church
NAYS: None
RESOLUTION 082702-8.d EXPRESSING THE APPRECIATION OF THE
BOARD OF SUPERVISORS OF ROANOKE COUNTY UPON THE
RETIREMENT OF ALAN L. PERDUE, SHERIFF'S OFFICE, AFTER
ELEVEN YEARS OF SERVICE
WHEREAS, Alan L. Perdue was first employed by Roanoke County on August
5, 1991, as a Deputy Sheriff in the Corrections Division of the Sheriff's Office, and also
served as Deputy Sheriff Corporal and Deputy Sheriff Sergeant; and
August 27, 2002
553
WHEREAS, Sergeant Perdue retired from Roanoke County on August 1, 2002,
after eleven years of service; and
WHEREAS, Sergeant Perdue provided valuable assistance to the County by
supervising the operations of the jail and maintaining the prison population; and
WHEREAS, Sergeant Perdue, through his employment with Roanoke County,
has been instrumental in improving the quality of life for its citizens.
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of
Roanoke County expresses its deepest appreciation and the appreciation of the citizens
of Roanoke County to ALAN L. PERDUE for eleven years of capable, loyal and
dedicated service to Roanoke County.
FURTHER, the Board of Supervisors does express its best wishes for a happy,
restful, and productive retirement.
On motion of Supervisor Nickens to adopt the resolution, and carried by the
following recorded vote:
AYES: Supervisors Flora, McNamara, Minnix, Nickens, Church
NAYS: None
INRE:
REPORTS
Supervisor Minnix moved to receive and file reports 1-8, with Item 9 being
withheld for discussion. The motion carried by the following recorded vote:
AYES:
Supervisors Flora, McNamara, Minnix, Nickens, Church
NAYS:
None
1.. General Fund Unappropriated Balance
2. Capital Fund Unappropriated Balance
3. Board Continaency Fund
4. Future School Capital Reserve
5. Accounts Paid = July 2002
6. Statement of Expenditures and Estimated and Actual
Revenues for the month ended July 31.2002
7. Statement of the Treasurer's Accountability per
Investment and Portfolio Policy, as of June 30. 2002
August 27, 2002
554
8. Proclamations sianed .!ri the Chairman
9. UDdate Q!! state budaet shortfall
INRE:
DISCUSSION OF REPORT - ITEM #9
Mr. Hodge reported that only preliminary information is available at
this time, and staff is in contact with the Virginia Municipal League (VML) and the
Virginia Association of Counties (VACo). The information included in the agenda
packet was obtained from the Governor's conference on August 19, in which the
Governor indicated that there is a potential revenue shortfall of an additional $1.2
billion in addition to the shortfall forecast last year. The total shortfall for the
biennium is $1.5 billion, and this will certainly impact Roanoke County.
The County General Fund has $8.2 million from the State for various
County agencies. The Governor has requested that State agencies consider
scenarios of 7 percent, 11 percent, and 15 percent reductions in order to balance
the State budget. If these percentages are applied to the $8.3 million that the
County receives, it could result in a decrease in funding of $580,000 - $1.245,000
for the current fiscal year which began July 1, 2002. The favorable aspect of this
is the fact that information is available early in the fiscal year, allowing staff the
time to make necessary adjustments. The difficulty is that this follows an
adjustment that was made in the previous year whereby the County General
Fund absorbed a $1.0 million revenue shortfall from the State.
August 27,2002
555
Mr. Hodge indicated that he has already begun meeting with staff to
determine appropriate ways to minimize the impact of the anticipated shortfall.
One of the first priorities is to minimize any impact to citizens. The impact on
schools is not known at this time.
In response to Supervisor McNamara's question, Mr. Hodge
reported that the year end revenue and expenditure results for fiscal year 2001-
2002 will be available in October. Staff would like to have a work session in
September to provide as much information as possible to the Board.
IN RE: CLOSED MEETING
At 4:34 p.m., Supervisor Church moved to go into Closed Meeting
pursuant to Code of Virginia Section 2.2-3711 A (7) consultation with legal counsel and
briefings by staff pertaining to actual or probable litigation or other specific legal matter
pertaining to Willey claim; 2.2-3711 A (3) discussion or consideration of the disposition
of publicly held property, namely the lease of Vinyard Park; 2-2-3711 A (5) discussion
concerning a prospective business or industry where no previous announcement has
been made.
IN RE:
CLOSED MEETING
The closed meeting was held from 4:45 p.m. until 5:50 p.m.
CERTIFICATION RESOLUTION
IN RE:
R-082702-9
At 7:00 p.m. Supervisor Church moved to return to open session and
adopt the Certification Resolution. The motion carried by the following recorded vote:
August 27, 2002
556
AYES:
Supervisors Flora, McNamara, Minnix, Nickens, Church
NAYS:
None
RESOLUTION 082702-9 CERTIFYING THE CLOSED MEETING WAS
HELD IN CONFORMITY WITH THE CODE OF VIRGINIA
WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened
a closed meeting on this date pursuant to an affirmative recorded vote and in
accordance with the provisions of The Virginia Freedom of Information Act; and
WHEREAS, Section 2.2-3712 of the Code of Virginia requires a certification by
the Board of Supervisors of Roanoke County, Virginia, that such closed meeting was
conducted in conformity with Virginia law.
NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of
Roanoke County, Virginia, hereby certifies that, to the best of each members
knowledge:
1. Only public business matters lawfully exempted from open meeting
requirements by Virginia law were discussed in the closed meeting which this
certification resolution applies, and
2. Only such public business matters as were identified in the motion convening
the closed meeting were heard, discussed or considered by the Board of Supervisors of
Roanoke County, Virginia.
On motion of Supervisor Church to adopt the Certification Resolution, and carried
by the following recorded vote:
AYES: Supervisors Flora, McNamara, Minnix, Nickens, Church
NAYS: None
INRE:
PROCLAMATIONS,
PRESENTATIONS
RESOLUTIONS,
RECOGNITIONS,
AND
1.:. RecoQnition of Boy Scout Troop 221, Cave Sprina Methodist
Church
Chairman Church recognized the members of Boy Scout Troop 221, Cave
Spring Methodist Church, who were attending the meeting as part of a requirement to
obtain their citizenship badges. Scout Master Mike Mayo was present, and each
member of the troop was introduced.
August 27, 2002
557
2. Recoanition of Mr. and Mrs. Frank R. Radford for donation of land
adjacent to the Garst Mill Greenway
Mr. Pete Haislip, Director of Parks, Recreation & Tourism, thanked Mr.
and Mrs. Radford for their generous donation. Mr. Radford conveyed his appreciation
to the County for the hard work that has been invested in the greenway system. He
stated that it is an asset to him as an individual, as well as from a business perspective.
Supervisor McNamara conveyed his appreciation to Mr. and Mrs. Radford.
3. Resolution of conaratulations to Cave SprinQ American Little
Leaaue All Stars for winnina the Virainia State Little Leaaue
Championship in the 9-10 year old division.
R-082702-10
Supervisor Minnix and Supervisor McNamara presented the resolution
and certificates of recognition to the members of the Cave Spring American Little
League All Stars Team and their coaches who were present.
Supervisor Church moved to adopt the resolution. The motion carried by
the following recorded vote:
AYES:
Supervisors Flora, McNamara, Minnix, Nickens, Church
NAYS:
None
RESOLUTION 082702-10 OF CONGRATULATIONS TO THE CAVE
SPRING AMERICAN LITTLE LEAGUE ALL STARS FOR WINNING THE
9 AND 10 YEAR OLD VIRGINIA STATE LITTLE LEAGUE
CHAMPIONSHIP
WHEREAS, team sports play an important part in every child's life, teaching
cooperation, sportsmanship and athletic skill; and
WHEREAS, the 9 and 10 year old Cave Spring American Little League All Stars
won the District 12 Championship, winning five games playing teams from Pembroke,
August 27, 2002
558
Covington, Clifton Forge, Bath County and Roanoke County's Cave Spring National;
and
WHEREAS, the Cave Spring American Little League All Stars advanced to the
State Little League Tournament in Pound, Virginia, the week of July 19 through 26,
2002, where they won four games playing teams from Warwick, Bristol, Chantilly, and
Tuckahoe; and
WHEREAS, the Cave Spring American Little League All Stars came into the
State Championship game in the winner's bracket, but lost the first game of the double
elimination tournament in the eighth inning with a score of 7 to 4, and on the next day
won the Championship game against Tuckahoe in seven innings with a score of 2 to 1;
and
WHEREAS, the Cave Spring American Little League All Stars were coached by
Darryl Martin, Mark Walsh, and Assistant Coach Ray Martin, with Bill Ferguson serving
as the team manager and Jean Martin as the League President.
NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of
Roanoke County, Virginia, does hereby extend its sincere congratulations to the
members of the CAVE SPRING AMERICAN LITTLE LEAGUE ALL STARS, Logan
Blankenbeckler, Tyler Burgess, Sean Kidd, Alex Liechty, Taylor Martin, David Stanley,
Ian Trampe, Will Wagstaff, Parker Walsh and David Williams for their athletic ability,
their team spirit, and their commitment to each other; and
BE IT FURTHER RESOLVED, that the Board of Supervisors extends its best
wishes to the members of the team, the coaches and manager in all of their future
endeavors.
On motion of Supervisor Church to adopt the resolution, and carried by the
following recorded vote:
AYES: Supervisors Flora, McNamara, Minnix, Nickens, Church
NAYS: None
IN RE:
PUBLIC HEARINGS AND SECOND READINGS OF ORDINANCES
1.:. Second readina of ordinance to rezone 3.9 acres from C·2C,
General Commercial District with conditions, to C-2C, General
Commercial District with amended conditions, and to rezone 2.7
acres from C·1, Office District. to C-2C. General Commercial
District with conditions, to construct ª hotel and restaurant.
located on North Electric Road, Catawba Maaisterial District.
upon the petition of 419 Properties, LLC. (Janet Scheid, Chief
Planner) Continued from the June 25, 2002 Board of Suoervisors
August 27, 2002
559
meetina.
0-082702-11
Ms. Scheid reported that Parcel A is the larger parcel on the North side of
the site plan. This is a rezoning request to amend the conditions established in 1998 on
the larger parcel and to rezone the smaller parcel, indicated as Parcel B on the southern
side, from C-1 Office District to C-2 Commercial. Parcel A would be developed as a
17,420 square foot hotel with the adjoining parcel to be developed as a 100 seat
restaurant. The Planning Commission heard this petition on August 6, and concerns
were expressed about stormwater drainage, lighting and noise. The site will include two
detention facilities to help alleviate any stormwater drainage problems, and the
Petitioner has proffered some restrictions on lighting. The Planning Commission
recommended approval of the petition with seven conditions. Ms. Scheid indicated that
the Petitioner was present and available to answer any questions.
In response to Supervisor Church's question regarding Condition #2, Ms.
Scheid confirmed that the entrance would not be through Montclair Estates. Ms. Scheid
also indicated that the stormwater drainage issue had been addressed to the citizens'
satisfaction. The two detention ponds are designed to alleviate any drainage problems.
Mr. Church confirmed with the Petitioners that they accept the conditions
as set forth by the Planning Commission.
Mr. Jerome Henschel, architect for the project, stated that a concern was
expressed following a neighborhood meeting that space is indicated for recreational
August 27, 2002
560
vehicle (RVs) and bus parking. The neighbors requested additional buffering in this
area. The petitioner indicated that he was willing to accept this as an additional
condition.
Supervisor Flora indicated concerns about where the water will flow if the
detention ponds overflow. Butch Workman, Drainage Engineer, indicated that the
drainage will flow from the stormwater pond back toward the former Montclair
Swimming Pool. It passes through an open channel and pipe drainage system which
flows away from Route 419.
Supervisor Church moved to adopt the ordinance with conditions 1
through 7 as set forth and an additional condition 8 to provide increased buffering
requirements. The motion carried by the following recorded vote:
AYES:
Supervisors Flora, McNamara, Minnix, Nickens, Church
NAYS:
None
ORDINANCE 082702-11 TO CHANGE THE ZONING
CLASSIFICATION OF 3.9 ACRES FROM C-2C, GENERAL
COMMERCIAL DISTRICT WITH CONDITIONS TO C-2C,
GENERAL COMMERCIAL DISTRICT WITH AMENDED
CONDITIONS AND TO REZONE 2.620 ACRES FROM C-1,
OFFICE DISTRICT TO C-2C, GENERAL COMMERCIAL
DISTRICT WITH CONDITIONS TO CONSTRUCT A HOTEL
AND RESTAURANT, LOCATED ON NORTH ELECTRIC
ROAD (PART OF TAX MAP NO. 36.19-1-40 AND 36.19-1-
38) IN THE CATAWBA MAGISTERIAL DISTRICT UPON
THE APPLICATION OF 419 PROPERTIES, LLC
WHEREAS, the first reading of this ordinance was held on July 23, 2002, and the
second reading and public hearing were held August 27,2002; and,
August 27, 2002
561
WHEREAS, the Roanoke County Planning Commission held a public hearing on
this matter on August 6, 2002; and
WHEREAS, legal notice and advertisement has been provided as required by
law.
BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as
follows:
1. That the zoning classification of a certain tract of real estate containing 3.9
acres, as described herein, and located on North Electric Road (Part of Tax Map
#36.19-1-40 ) in the Catawba Magisterial District, is hereby changed from the zoning
classification of C-2C, General Commercial District with conditions, to the zoning
classification of C-2C, General Commercial District with AMENDED conditions. That
the conditions imposed by Ordinance 081898-10 adopted on August 18, 1998, are
hereby removed as follows:
(1) The final site plan shall generally senferm with the Master Sito
Development Plan fer .'\RK Medical Center, proparod by Jerome
Donald Hensshel, elates June 5, 1998.
(2) ÞJo acsess to either the sevelo~R'lent or te Re¡,¡te 419 shall be made
from either ER'll3assy Drive or Governer Drive.
(â) Wherever pessil3le, existing vegetatien shall be prm:erves and
incorßerated inte the l3uffering requireR'lents. Screening and
buffering in tAat area of the develo~R'lent adjoining Tax Map Nos.
âê.191 â6 and â6.19 1 â7 shall be Ty~e D, Option 1, buffer yarD
with a ê foot stockade fense ~ll,Is Type E, buffer yard planting. In all
other areas, ssr.eening and bufferin!) shall comply with the provisions
of the Ordinanse.
(4) Builsing height sAalll3e a R'laximum of â5 feet.
(5) /\11 parkin!) let lighting shalll3e åewn lit. The poles, insll,lsin!) fixtl,lros
for tAe ~arking lot lightin!) shall not exceeå 25 feet above gmåe.
(6) Free&tansin!) signs shall 130 R'lonl,lment style ans limited to two. No
fr.eostamling sign shall exseed 15 feet al3e'le grade. Combined
sE l,Iare foetage shall not excees .5 feet for every 1 foot of road
frontage. A Sign Allocation Plan shall be submittes for approval in
senjl,lnbtion with &ite ~Ian review. Li!)hting for freestansing signs
shall be with in !)r.el,lns I,Inits or back lit.
(7) Bl,lilding materials anå architect¡,¡re shall l3e coordinated throughout
the entir-e semplex.
(8) ^ miniml,lR'l ef ene medium to lari e 1 W' caliper tree for ovary ten
parking s~ases shall be ~Iantes. Trees shall be plantos '....¡thin
landsca~es R'ledians, penins¡,¡las er planter islands de&igneå in a
August 27, 2002
562
way as to ohmH1ol traUiG, fuGilitate storFR water management, and
ereak uJ' long eXJ' anses of parkin!} areas.
(9) No off preFRises aEj>.<ertisin!} signs shall ee GonstruGted on tho
property.
2. That the zoning classification of a certain tract of real estate containing
2.620 acres, as described herein, and located on North Electric Road (Tax Map #36.19-
1-38 ) in the Catawba Magisterial District, is hereby changed from the zoning
classification of C-1, Office District, to the zoning classification of C-2C, General
Commercial District with conditions; and
3. That this action is taken upon the application of 419 Properties, LLC.
4. That the owner of the property has voluntarily proffered in writing the
following conditions which the Board of Supervisors of Roanoke County, Virginia, hereby
accepts:
(1) The site plan shall generally conform to the Master Site
Development Plan for the Country Inn & Suites and Family
Restaurant Plan presented on August 6, 2002.
(2) No access to either the development or to Route 419 shall be made
from either Embassy Drive or Governor Drive and only one access
shall be allowed from Route 419 to serve both parcels.
(3) Wherever possible, existing vegetation shall be preserved and
incorporated into the buffering requirements. Screening and
buffering in that area of the development adjoining Tax Map Nos.
36.19-1-36,36.19-1-37 and 36.19-2-30 shall be Type C, Option 2
(30' Buffer, One large tree for every 30', 6' screening, and 6 shrubs
for every 10'). All screening and buffering must be evergreen.
(4) Building height shall be a maximum of 45 feet.
(5) All parking lot lighting shall be down lit and consists of High
Pressure Sodium (HPS) lighting. The poles including fixtures for the
parking lot lighting shall not exceed 25 feet above grade.
(6) Signage shall follow the Roanoke County Sign Regulations with the
exception of Square Footage per Linear Foot of Frontage. Instead
of the allowable 1.5 sq. ft. of signage per linear foot of frontage, the
applicant shall design for 1.0 sq. ft. of signage per linear foot of
frontage and lighting for freestanding signs shall be with in-ground
units or back lit.
(7) No off-premises advertising signs shall be constructed on the
pro perty.
(8) Screening and buffering in that area around where camper and
recreational vehicle parking occurs shall be Type C, Option 2 (30'
Buffer, One large tree for every 30'. 6' screening, and 6 shrubs for
every 10').
August 27, 2002
563
5. That said real estate is more fully described as follows:
BEGINNING at a point on the easterly right-of-way of VA Route 419; said
point being at the southwesterly corner of the property of Pinkerton
Properties (Tax Map #39.19-1-41); thence N. 69 deg. 42' 12" E. 296.00+/-
feet to a point; thence S. 10 deg. 37' 15" E. 469.00+/- feet to a point;
thence S. 26 deg. 38' 57" E. 311.63 feet to a point; thence S. 42 deg. 52'
18" W. 479.87 feet to the easterly right-of-way of VA Route 419; thence
proceeding with the northerly right-of-way 103.18 feet of Route 419 and
with a curved line to the left having a chord bearing of N. 5 deg. 18' 02" W.
2,944.79 feet to the point and place of beginning and containing 3.830
acres for Parcel A (p/o Tax Map #36.19-1-40) and 2.620 acres for Parcel B
(Tax Map #36.19-1-38) for a total of 6.450 acres.
6. That this ordinance shall be in full force and effect thirty (30) days after its
final passage. All ordinances or parts of ordinances in conflict with the provisions of this
ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed
to amend the zoning district map to reflect the change in zoning classification authorized
by this ordinance.
On motion of Supervisor Church to adopt the ordinance with addition of Condition
#8 to provide additional buffering, and carried by the following recorded vote:
AYES: Supervisors Flora, McNamara, Minnix, Nickens, Church
NAYS: None
2. Second readinQ of ordinance to rezone 6.15 acres from AR,
Aaricultural Residential District. to 1-1, Industrial District. and to
obtain ª Special Use Permit for 6 acres for ª mini-warehouse.
located on 6227 : 6237 West Main Street. Catawba Maaisterial
District. upon the petition of Triple S. Investments. PostDoned
until October 22. 2002 at the reauest of the Petitioner
Supervisor Church confirmed with the Clerk that this item has been
postponed until October 22, 2002 at the request of the Petitioner.
August 27, 2002
564
3. Second readina of ordinance to rezone .64 acres from C-1, Office
District. to C-2. General Commercial District. and to obtain ª
Special Use Permit to operate ª car wash located on 3504 Electric
Road, Cave Sprina Maaisterial District. upon the petition of James
Dean Consultants, LLC. {Janet Scheid, Chief Planner}
0-082702-12
Ms. Scheid stated that the Petitioner proposes to reconfigure the existing
three bays on this property into two bays for a "touch less" car wash. This type of system
does not require an attendant for operation; however, Mr. Dean has indicated that he will
have personnel on site several times each day to provide clean up and operational
services. With regard to the building structure, Ms. Scheid indicated that the roof façade
will be altered to match the façade at Promenade Park. With regard to the Colonial
Avenue Design Guidelines, signage and lighting require more attention on this site and
Petitioner has proffered some limitations on signage. Ms. Scheid indicated that the
proposed car wash would use the existing entrance at Promenade Park.
A neighborhood meeting was held in July 2002 and some of the citizen
concerns revolved around traffic generation and flow, noise, lighting and signage. The
Planning Commission heard this petition on August 6, 2002 and citizen comments were
addressed at that time. In response to those concerns, the Petitioner agreed to proffer
August 27, 2002
565
limited hours of operation and the Planning Commission approved the request with two
conditions on the rezoning and eight conditions on the Special Use Permit.
In response to Supervisor Nickens question, Ms. Scheid indicated that Mr.
Dean will either have an attendant close the car wash at 10:00 p.m. or it will
automatically be shut off with a timer mechanism.
Mr. Ed Natt, Attomey for the Petitioner, stated that many of the neighbors'
concerns have been addressed through neighborhood meetings. He indicated that the
Petitioner has agreed to the conditions outlined at the Planning Commission meeting.
With regard to loitering concerns, Mr. Natt stated that this will not be encouraged any
more under the proposed use than it does at present when the property is vacant.
In response to Supervisor Nickens' inquiry, Mr. Natt confirmed that the
enclosing of the vacuum canisters is one of the proffered conditions on the Special Use
Permit. Mr. Natt also indicated the location of the dumpster on the site plan map for
Supervisor Nickens information.
Ms. Christine Smith, 3304 Woodland Drive, stated her concerns regarding
whether this business is appropriate for the area in which it is proposing to locate. She
asked that the Board consider maintaining the integrity of the neighborhood, stressing
concerns about the noise issue and location of the dumpsters.
Ms. Cindy Webster, 4714 Colonial Avenue, yielded her time to speak to Mr.
Tom Webster, 4714 Colonial Avenue. Mr. Webster stated that the proposed car wash
August 27, 2002
566
does not fit with the site plan, the location, or the surrounding area. He expressed the
following concerns: (1) The vacuum systems, which Mr. Webster feels will encourage
car detailing, which will in turn encourage loitering. (2) The potential exists for vending
machines to be installed in the future, further encouraging loitering. (3) He requested
that the word "shall" be substituted for the word "should" in the Colonial Avenue Design
Guidelines, as they pertain to this business. (4) He questioned whether there is a need
for an additional car wash, as this will be the fourth car wash within a one mile radius of
this site.
Mr. Steven Wade Sutherland, 4810 Colonial Avenue, stated his concerns
regarding the noise that will be generated by the air handlers in the car wash. He stated
that the noise levels emitted from this equipment at other sites is approximately 85-90
decibels. He stated that the proffers need to be specific with regard to noise abatement.
In response to Supervisor Nickens' question, Mr. Natt indicated that the
location of the dumpsters behind Promenade Park is not possible as the Petitioner does
not own this property. Mr. Natt also addressed the concerns regarding vending
machines, indicating that one of the proffered conditions stated that no vending
machines would be allowed.
In response to a question from Supervisor Nickens, Mr. Natt indicated that
both brick and vinyl exteriors would be considered for the dumpster enclosures.
August 27, 2002
567
In response to Supervisor Flora's question regarding the use of the word
"shall" versus "should" in the Colonial Avenue Corridor Guidelines, Mr. Natt indicated the
Petitioner intends to do everything he can to comply with these guidelines; he is not,
however, able to state that he "shall" comply with every guideline in that document. He
will comply with every condition outlined in the ordinance.
In response to Supervisor Nickens' inquiry, Mr. Natt stated that no engine
repair will be allowed on the premises.
Supervisor Minnix thanked the Colonial Avenue Alliance for their
assistance. He requested that the following additional conditions be added: (1) Daily
limited supervision shall be in place. (2) The dumpster shall be enclosed. (3) No engine
repair shall be done on the premises.
In response to a question from Supervisor Minnix, Mr. Mahoney indicated
that time requirements for approval of special use permits have been used primarily for
kennels and typically for a one year period of time. Mr. Mahoney questioned if the
investment in equipment that Mr. Dean would make would make this feasible. Mr. Natt
stated that Mr. Dean is required to sign a seven year lease and that granting the Special
Use Permit for a period of one year, subject to renewal, would not be feasible for Mr.
Dean.
Supervisor Nickens requested that Mr. Dean make every effort to screen
the dumpster or find the most suitable location on the site.
August 27, 2002
568
Supervisor McNamara expressed his support of the Special Use Permit.
He stated that the number of cars passing by this location daily will make this a good use
for the property.
Supervisor Flora commended the Petitioner for producing a quality project
that he feels will be an asset to this location. He thanked the Planning Department and
Colonial Avenue Alliance for their efforts in developing the proffered conditions.
Supervisor Church stated that there are no guaranteed ways to eliminate
adverse situations. He stressed that the County takes very seriously the promise to
closely monitor the situation at this location, and that the proposed business does meet
the County's standards.
Supervisor McNamara questioned whether the Board would like to add an
additional condition regarding the posting of a "no loitering" sign.
In response to a question from Supervisor Minnix, Mr. Natt stated that the
Petitioner already plans to install a "no loitering" sign. It was the consensus of the Board
that an additional condition would be added to state that a "no loitering" sign shall be
installed.
Supervisor Minnix moved to adopt the ordinance with the original proffered
conditions, plus the four additional conditions which were added. The motion carried by
the following recorded vote:
August 27, 2002
569
AYES:
Supervisors Flora, McNamara, Minnix, Nickens, Church
NAYS:
None
ORDINANCE 082702-12 TO CHANGE THE ZONING
CLASSIFICATION OF .64 ACRE FROM C-1, OFFICE
DISTRICT TO C-2C, GENERAL COMMERCIAL DISTRICT
WITH CONDITIONS AND TO OBTAIN A SPECIAL USE
PERMIT TO OPERATE A CAR WASH LOCATED ON 3504
ELECTRIC ROAD (TAX MAP NO. 77.18-5-1.1) IN THE
CAVE SPRING MAGISTERIAL DISTRICT UPON THE
APPLICATION OF JAMES DEAN CONSULTANTS, LLC
WHEREAS, the first reading of this ordinance was held on July 23, 2002, and the
second reading and public hearing were held August 27,2002; and,
WHEREAS, the Roanoke County Planning Commission held a public hearing on
this matter on August 6, 2002; and
WHEREAS, legal notice and advertisement has been provided as required by law.
BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as
follows:
1. That the zoning classification of a certain tract of real estate containing .64
acres, as described herein, and located at 3504 Electric Road (Tax Map Number 77.18-
5-1.1) in the Cave Spring Magisterial District, is hereby changed from the zoning
classification of C-1, Office District, to the zoning classification of C-2C, General
Commercial District with conditions.
2. That this action is taken upon the application of James Dean Consultants,
LLC.
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) The subject property will be developed in accordance with the
concept plan prepared by Balzer & Associates, Inc. dated June 19,
2002; and
(2) The subject property will be used solely for a car wash facility.
4. That the Board finds that the granting of a special use permit to James
Dean Consultants, LLC to operate a car wash to be located at 3504 Electric Road (Tax
Map No. 77.18-5-1.1) in the Cave Spring Magisterial District is substantially in accord
with the adopted 2000 Community Plan pursuant to the provisions of § 15.2-2232 of the
August 27, 2002
570
1950 Code of Virginia, as amended, and said Special Use Permit is hereby approved
with the following conditions:
. (1) No food or drink vending machines shall be placed on the property.
(2) Vacuum equipment shall be placed inside enclosures around 75% of
the vacuum.
(3) Building architecture shall be in accordance with renderings by
Balzer & Associates dated August 6, 2002.
(4) No off-premises signage shall be allowed.
(5) Allowable signage shall be limited to a maximum of 130 square feet
exclusive of directional and information signs.
(6) A recovery system for 75% of water used shall be in effect at all
times.
(7) Exterior lighting standards or placements shall be down lit and shall
not exceed 15 feet in height.
(8) The car wash shall be closed from the hours of 10 pm until 7 am the
following day, everyday.
(9) Daily limited supervision shall be in place.
(10) Engine repair work shall not be permitted on premises.
(11) Dumpster shall be enclosed.
(12) Install "no loitering" signs on property.
5. That said real estate is more fully described as follows:
BEGINNING at a point on the northeasterly side of VA Route 419 at
Corner 8, which is the common corner to Parcels I and II of the Blanton
property as shown on a plat by Buford T. Lumsden & Associates, dated
July 8, 1981; thence with Route 419, N. 45 deg. 23' 53" W. 175.35 feet to
Corner 16A; thence N. 02 deg. 05' 53" W. 20.77 feet to Corner 16; thence
with a curve to the left whose radius is 5374.00 feet and whose chord
bears N. 58 deg. 45' 07" E. 111.77 feet, an arc distance of 111.77 feet to
Corner 15; thence N. 58 deg. 09' 22" E. 64.22 feet to Corner 14; thence
with a curve to the right whose radius is 12.00 feet and whose chord bears
S. 58 deg. 35' 15" E. 5.81 feet, an arc distance of 5.87 feet to Corner 13;
thence S. 44 deg. 34' 24" E. 68.64 feet to Corner 12; thence with a curve
to the left whose radius is 125.37 feet and whose chord bears S. 48 deg.
40' 00" E. 37.06 feet, an arc distance of 37.20 feet to Corner 11; thence S.
57 deg. 10' 00" E. 7.45 feet to Corner 10; thence with a curve to the right
whose radius is 9.50 feet and whose chord bears S. 09 deg. 08' 30" E.
14.13 feet, an arc distance of 15.93 feet to Corner 9; thence S. 38 deg. 53'
00" W. 181.55 feet to the place of beginning and containing 0.686 acres,
according to a plat of survey made by Buford T. Lumsden & Associates,
August 27,2002
571
dated July 8, 1981, showing property conveyed to H & B Associates, a
general partnership by Harry M. Blanton, et al.
6. That this ordinance shall be in full force and effect thirty (30) days after its
final passage. All ordinances or parts of ordinances in conflict with the provisions of this
ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed
to amend the zoning district map to reflect the change in zoning classification authorized
by this ordinance.
On motion of Supervisor Minnix to adopt the ordinance with Conditions #9, #10,
#11, and #12 added, and carried by the following recorded vote:
AYES: Supervisors Flora, McNamara, Minnix, Nickens, Church
NAYS: None
4. Second readina of ordinance to rezone 2.66 acres from C-1 C.
Office District with conditions, to C-1C, Office District with
amended conditions, located 2.!l the northwest corner of
Washinaton Avenue and Sprina Grove Drive intersection, Vinton
Maaisterial District. upon the petition of R. W. and Joan C.
Bowers. {Janet Scheid. Chief Planner}
0-082702-13
Ms. Scheid reported that this rezoning request is to amend the conditions
requiring development in substantial conformity with the proffered concept plan from a
1985 rezoning case. The 1985 concept plan did not allow any parking areas in the front
of the building. The proposed rezoning application includes a new proffered site plan
for an office park with the same number of buildings (four) and the same access point to
Spring Grove Drive. The square footages of the buildings have increased, as well as
the number of parking spaces, and this has necessitated the addition of parking in the
August 27, 2002
572
front of the building. The 1985 proffered site plan contained approximately 19,000
square feet, whereas the current proffered site plan shows approximately 31 ,000 square
feet of office space. The original site plan showed approximately 81 parking spaces, all
in the rear of the building; the current site plan contains approximately 125 parking
spaces, both in front of and behind the building.
Ms. Scheid indicated that the Planning Commission heard this request on
August 6 and citizen concerns involved site layout and entrance location. The Planning
Commission unanimously approved the petition with one proffer that the site shall be
developed in substantial conformity with the preliminary plan dated August 5, 2002.
Mr. Ed Natt, Attorney for the Petitioner, stated that a site plan dated
August 27, 2002 reduces the parking spaces by at least eight and should it be
determined that fewer spaces are required to meet the ordinance, the Petitioner is
willing to comply.
Supervisor Nickens requested that the Petitioner work with staff in the
Planning Department to ensure that only the amount of parking spaces required by
County Code are paved. In response to a question from Supervisor Nickens regarding
the type of building materials to be used, Mr. Bowers stated that he will work to make
the exterior as attractive as possible. Supervisor Nickens expressed his desire to have
Mr. Bowers consider either a brick and vinyl or brick and drivit façade which will provide
greater durability.
August 27, 2002
573
There were no citizens present to speak on this matter.
Supervisor Nickens moved to adopt the ordinance with the site plan dated
August 27,2002. The motion carried by the following recorded vote:
AYES:
Supervisors Flora, McNamara, Minnix, Nickens, Church
NAYS:
None
ORDINANCE 082702-13 TO CHANGE THE ZONING
CLASSIFICATION OF 2.66 ACRES FROM C-1C, OFFICE
DISTRICT WITH CONDITIONS TO C-1 C, OFFICE
DISTRICT WITH AMENDED CONDITIONS, LOCATED ON
THE NORTHWEST CORNER OF WASHINGTON AVENUE
AND SPRING GROVE DRIVE INTERSECTION, (TAX MAP
NO. 61.02-1-59) IN THE VINTON MAGISTERIAL DISTRICT
UPON THE APPLICATION OF R. W. AND JOAN C.
BOWERS
WHEREAS, the first reading of this ordinance was held on July 23, 2002, and the
second reading and public hearing were held August 27,2002; and,
WHEREAS, the Roanoke County Planning Commission held a public hearing on
this matter on August 6, 2002; and
WHEREAS, legal notice and advertisement has been provided as required by
law.
BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as
follows:
1. That the zoning classification of a certain tract of real estate containing
2.66 acres, as described herein, and located on the northwest corner of Washington
Avenue and Spring Grove Drive intersection (Tax Map #61.02-1-59 ) in the Vinton
Magisterial District, is hereby changed from the zoning classification of C-1 C, Office
District with conditions, to the zoning classification of C-1C, Office District with
AMENDED conditions. That the conditions imposed by Final Order of the Board of
Supervisors of Roanoke County in 1985 are hereby removed as follows:
(1) The petitioner agr-ees to develop the suÐjeGt ¡:¡reperty in slJÐstantial
oomplianoe with the site plan dated 22 No\'el'RÐer 199á, attashed
hereto as Exhibit "C", and agrees to modify E:uoh ¡;¡Ian Ie
aooommodate Roanoke County E:ite plan re!:1lJirel'Renls.
August 27, 2002
574
2. That this action is taken upon the application of R. W. and Joan C.
Bowers.
3. That the owners of the property has voluntarily proffered in writing the
following condition which the Board of Supervisors of Roanoke County, Virginia, hereby
accepts:
(1) The site plan shall be developed in substantial conformity with the
preliminary plan dated August 5, 2002, prepared by Lumsden &
Associates, P.C.
4. That said real estate is more fully described as follows:
BEGINNING at Corner #1, said corner located on the northerly right-of-
way of VA Route 24, said point also located on the easterly property line
of Tract "A", New Testament Baptist Church and an existing 30 foot right-
of-way; thence leaving VA Route 24 and with said 30' right-of-way and
New Testament Baptist Church, N. 9 deg. 56' 34" W. 252.04 feet to
Corner #2, said corner located on the southerly boundary of Tract "A" of
New Testament Baptist Church; thence leaving said 30' right-of-way and
with New Testament Baptist Church for the following 5 courses: N. 66
deg. 07' 37" E. 251.21 feet to Corner #3; thence N. 34 deg. 45' 38" E.
22.34 feet to Corner #4; thence 70 deg. 31' 00" E. 58.44 feet to Corner #5;
thence S. 83 deg. 48' 44" E. 25.23 feet to Corner #6, said corner located
on the westerly right-of-way of Spring Grove Drive; thence leaving New
Testament Baptist Church and with Spring Grove Drive for the following 2
courses, S. 39 deg. 47' 38" E. 252.74 feet to Corner #7; thence with a
curve to the right, which said curve is defined by a delta angle of 101 deg.
01' 01", a radius of 25.00 feet, an arc of 44.08 feet, a chord of 38.59 feet
and bearing S. 10 deg. 42' 52" W. to Corner #8, said corner located on the
northerly right-of-way of VA Route 24; thence leaving Spring Grove Drive
and with VA Route 24 for the following two courses: thence with a curve
to the right, which said curve is defined by a delta angle of 14 deg. 38' 41 ",
a radisu of 1335.40 feet, an arc of 341.33 feet, a chord of 340.40 feet and
bearing S. 68 deg. 40' 39" W. to Corner #9; thence S. 75 deg. 56' 55" ?
120.19 feet to Corner #1, the place of beginning, and containing 2.66
acres, being Roanoke County Tax Parcel 61.02-1-59.
5. That this ordinance shall be in full force and effect thirty (30) days after its
final passage. All ordinances or parts of ordinances in conflict with the provisions of this
ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed
to amend the zoning district map to reflect the change in zoning classification authorized
by this ordinance.
August 27, 2002
575
On motion of Supervisor Nickens to adopt the ordinance based on the site plan
dated 08/27/02, and with the understanding that Petitioner will work with county staff
regarding parking issues, and carried by the following recorded vote:
AYES: Supervisors Flora, McNamara, Minnix, Nickens, Church
NAYS: None
5. Second readinQ of ordinance to amend conditions on ! Special
Use Permit to operate ! construction yard 2.!l 2.62 acres zoned
AV, Aaricultural Villaae District. located at 7210 Franklin Road,
Cave Sprina Maaisterial District, upon the petition of McNeil
Asphalt. Postooned until October 22. 2002 at the reauest of the
Petitioner.
Chairman Church confirmed with the Clerk that this item had been
postponed until October 22, 2002 at the request of the Petitioner.
6. Second readina of ordinance to obtain ! Special Use Permit to
operate! surplus sales business 2.!l 1.47 acres located at 3716
Garman Road, Catawba Maaisterial District. upon the petition of
William E. Lee. (Janet Scheid, Chief Planner)
0-082702-14
Ms. Scheid reported that the subject property is zoned 1-2 Industrial, and
the proposed use requires a Special Use Permit. The Planning Commission strongly
encouraged the attachment of the two recommended conditions should the Special Use
Permit be granted. Under the Roanoke County Ordinance, the definition of surplus
August 27, 2002
576
sales is "Businesses engaged in the sale of used or new items, involving regular or
periodic outdoor display of merchandise for sale. Typical uses include flea markets and
factory outlets, or discount businesses with outdoor displays." The Planning
Commission approved this request on July 2, 2002.
Mr. Leon Martin, 5140 Glenvar Heights Boulevard, spoke against approval
of the Special Use Permit. He stressed the need for adequate screening, and also
requested that the County investigate ordinance violations along West Main Street.
Ms. Janice Lee, wife of Petitioner Bill Lee, indicated that the Special Use
Permit was originally requested to accommodate the need of a prospective tenant who
wanted to hold auctions on the site on Saturday evenings. Since that time, the tenant
has found another location. Ms. Lee stated that the site is not being redeveloped; they
are only changing tenants. Ms. Lee objected to the two proffered conditions stating that
the site plan was prepared when the building was originally constructed, and that the
building was built to conform to County Code. She also indicated that the screening
requirements were not conducive to conducting a surplus sales business. Ms. Lee
stated that at the Planning Commission meeting, Kroger, who owns a warehouse
adjacent to the property, objected to the increased traffic flow. Ms. Lee stated that
because of the distance between the two properties, this should not pose a problem.
In response to a question from Supervisor McNamara, Mr. Lee indicated
that the building has been vacant since May 1, 2002. With regard to photographs
August 27, 2002
577
contained in the agenda materials, Mr. and Mrs. Lee indicated that some cleanup had
occurred on the property since the time the photographs were taken. Ms. Lee also
expressed objections to any requirements to provide additional buffering (i.e., planting
trees or installing fencing).
In response to questions from Supervisor Minnix regarding photographs
showing abandoned vehicles on the property, Mr. Lee indicated that some of the
vehicles have been removed. The tractor trailer trucks are used for storage.
Supervisor Church asked Ms. Scheid to review the complete buffering
requirements for Mr. and Mrs. Lee.
In response to Supervisor Nickens' question, Mr. and Mrs. Lee indicated
that the imposition of the proffered conditions would make it too prohibitive for them to
conduct their business. Supervisor Nickens expressed concerns that the imposition of
the conditions may make it difficult for Mr. and Mrs. Lee to be successful in their
business, but failure to impose the conditions would lead to the creation of a "junk yard".
In response to a question from Supervisor Church, Ms. Scheid indicated
that the proffered condition requiring a site plan originated due to the fact that the site is
wide open, it contains a gravel lot, and there is no defined entrance or parking. In
addition, the Planning Commission and citizens have expressed concerns about parking
on Garman Road.
Supervisor Church confirmed with Mr. and Mrs. Lee that they were
August 27, 2002
578
unwilling to accept the two proffered conditions.
In response to a question from Supervisor Minnix, Mr. Mahoney indicated
that the Special Use Permit application is to allow for the sale of machinery in an
Industrial zone.
Supervisor Church stated that he must concur with the imposition of the
two proffered conditions. He indicated his concerns about the future deterioration of the
site, and emphasized the County's desire to maintain appropriate buffering. He referred
to the Planning Commission's approval of the request, which was based upon the
inclusion of the two proffered conditions. In light of Mr. and Mrs. Lee's refusal to accept
the conditions, Supervisor Church indicated he could not support this request.
Supervisor Church moved to deny adoption of the ordinance. The motion
carried by the following recorded vote:
AYES:
NAYS:
Supervisors Flora, McNamara, Minnix, Nickens, Church
None
DENIAL OF ORDINANCE 082702-14 GRANTING A
SPECIAL USE PERMIT TO WILLIAM E. LEE TO
OPERATE A SURPLUS SALES BUSINESS ON 1.47
ACRES LOCATED AT 3716 GARMAN ROAD (TAX MAP
NO. 55.03-2-7), CATAWBA MAGISTERIAL DISTRICT
WHEREAS, William E. Lee has filed a petition for a special use permit to
operate a surplus sales business located at 3716 Garman Road (Tax Map No. 55.03-
2-7) in the Catawba Magisterial District; and
WHEREAS, the Planning Commission held a public hearing on this matter on
July 2, 2002; and
August 27, 2002
579
WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first
reading on this matter on June 25, 2002, 2002; the second reading and public hearing
on this matter was held on July 23,2002, and continued to August 27,2002; and
NOW, THEREFORE BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
On motion of Supervisor Church to DENY adoption of the ordinance, and carried
by the following recorded vote:
AYES: Supervisors Flora, McNamara, Minnix, Nickens, Church
NAYS: None
7. Second readinQ of an ordinance to enact Chapter 25 =
Technoloay Zone of the Roanoke County Code. to provide for
specific incentives and business, professional and occupational
license tax exemptions within desianated technoloay zones.
(Doua Chittum, Director of Economic Development)
0-082702-15
Mr. Chittum reported that the General Assembly passed legislation in
2000 allowing localities to adopt ordinances for the establishment of technology zones
to promote economic development. To date, ten Virginia localities have enacted this
legislation. In July 2002, a work session was held with the Board to discussion the
establishment of Technology Zones in Roanoke County and it was the consensus of the
Board to proceed with the establishment of these zones, specifically in the Center for
Research and Technology and the Vinton Business Center. At the recent Vinton Town
Council Meeting, a resolution was unanimously adopted in support of the establishment
of the technology zone.
August 27, 2002
580
There were no citizens present to speak on this matter.
Supervisor Nickens moved to adopt the ordinance. The motion carried by
the following recorded vote:
AYES:
Supervisors Flora, McNamara, Minnix, Nickens, Church
NAYS:
None
ORDINANCE 082702·15 TO ENACT CHAPTER 25 -
TECHNOLOGY ZONE OF THE ROANOKE COUNTY
CODE TO PROVIDE FOR SPECIFIC INCENTIVES AND
BUSINESS, PROFESSIONAL AND OCCUPATIONAL
LICENSE TAX EXEMPTIONS WITHIN DESIGNATED
TECHNOLOGY ZONES
WHEREAS, pursuant to the authority of §58.1-3850 of the Code of Virginia
(1950, as amended), the County of Roanoke, Virginia, is authorized to establish, by
ordinance, one or more technology zones; and,
WHEREAS, the Board of Supervisors of Roanoke County, Virginia, finds that
technology zones would be the appropriate method of offering economic development
incentives to improve the economic welfare of the County and its citizens; and,
WHEREAS, legal notice and advertisement has been published in a newspaper
of general circulation within Roanoke County on August 13, 2002, and August 20, 2002;
and,
WHEREAS, the first reading of this ordinance was held on August 13, 2002, and
the second reading and public hearing was held on August 27, 2002.
NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That Chapter 25 - TECHNOLOGY ZONES of the Roanoke County Code
be enacted as follows:
Chapter 25. TECHNOLOGY ZONES
ARTICLE I. GENERAL PROVISIONS
§. 25·1. Purpose and Intent.
The County finds that the creation of technology zones, with incentives for
economic growth, as authorized by §58.1-3850 of the Code of Virginia, will foster the
development, maintenance and expansion of commercial and industrial businesses
engaged in technological research, design, manufacturing and rendering to the benefit
August 27, 2002
581
of the public health, safety, welfare and convenience through the enhancement of public
revenues and the creation of employment opportunities.
§. 25-2. Zone Administrator.
The County Administrator or his designee shall serve as the Technology Zone
Administrator, and shall determine and publish the procedures for obtaining the benefits
created by this chapter and for the administration of this chapter.
§. 25-3. Definitions.
For purposes of this chapter, the following words and phrases shall have the
following meanings, unless clearly indicated to the contrary:
(a) Existing Business. A business that was actively engaged in the conduct of
a trade or business in the County of Roanoke prior to an area being designated as a
technology zone.
(b) New Business. A business not previously conducted in the County of
Roanoke and that begins operation in a technology zone after the technology zone was
designated.
(e) Qualified Techn%gy Business. A company that derives its gross receipts
from research, development, manufacture or rendering of advanced technological
products or services, having a minimum total capital investment of $100,000 within a
technology zone and having an average wage scale for employees within the
technology zone equal to one and one-half (1%) times the then existing median wage
rate for the Roanoke region. The investment may be established by the value of real
estate owned (land and improvements) or the value of a lease of real property,
machinery, tools, motor vehicles, and other business equipment, for the operation of a
technology business. The company must meet the requirements set forth in Article II of
this chapter.
§. 25-4. Establishment of Zones.
The technology zones shall be those areas identified as follows:
(a) The Roanoke County Center for Research and Technology, owned by the
Board of Supervisors of Roanoke County and identified upon the Roanoke County Land
Records as Tax Map No. 54.00-1-2, No. 64.01-5-1, No. 64.01-5-2, and 64.01-3-1 as
shown on Exhibit A attached hereto.
(b) The Vinton Business Center, owned by the Town of Vinton, and identified
upon the Roanoke County Land Records a Tax Map No. 71.11-1-1, as shown on Exhibit
B attached hereto.
§. 25-5. Exclusion.
The provisions of this chapter shall not be applicable to any business entitled to
incentives negotiated or awarded pursuant to an existing performance agreement upon
the establishment of the technology zone.
§. 25-6. Nonwaiver.
August 27, 2002
582
This chapter shall not be construed to affect or waive any other existing
requirements, including but not limited to zoning regulations or any application, permit,
or approval from the county mandated by other sections of this Code. Except as
specifically provided herein, nothing in this chapter shall be construed as waiving the
right of the county to enforce its ordinances, regulations or policies or to collect any
taxes, fees, fines, penalties or interest imposed by other sections of this Code.
ARTICLE II. ADMINISTRATION
§. 25-7. Certification.
A business seeking to obtain the benefits provided in this chapter must file all
necessary applications to the Technology Zone Administrator for certification as a
qualified technology business prior to commencement of the business in the technology
zone. The Administrator shall investigate and verify that each applicant is a qualified
technology business and is in compliance with the eligibility requirements for the
technology zone as set forth in Section 25-8. Upon certification by the Administrator,
the qualified technology business: (i) may be awarded all or a portion of the benefits set
forth in Article 11/ of this chapter, for a period not to exceed ten (10) years, subject to
execution of a performance agreement with the Board of Supervisors of Roanoke
County, Virginia, which shall contain the specific terms and conditions of the technology
zone benefits and which shall be approved by the Board; and (ii) shall be entitled to the
tax exemptions set forth in Article IV of this chapter, subject to the compliance
requirements set forth in Section 25-9.
§. 25-8. Eligibility Requirements.
(a) The proposed business use must be consistent and in compliance with the
Planned Technology Development District (PTD) zoning and the Restrictive Covenants
and Conditions, including all design standards and restrictions, established for the
technology zone.
(b) All new businesses meeting the qualifications may apply for certification
and the benefits provided for in this chapter. Existing businesses meeting the
qualifications may apply for certification and benefits to the extent of new or additional
investment due to expansion.
(c) A business which is simply a technology user shall not be considered as
qualified technology business. In no case will the use of computers or
telecommunication services by a business in its administrative operations qualify the
business as a technology business.
(d) A technology business must be, at the time of application, current in all
local, state and federal taxes and appropriate user fees, to which the business shall
certify to the Administrator upon application and annually thereafter.
§. 25-9. Compliance.
August 27, 2002
583
(a) The qualified technology business shall file annual reports with the
Administrator, setting forth sufficient relevant information for the Administrator to verify
that the business remains in compliance with all requirements under this chapter.
(b) The qualified technology business must remain current in payment of all
taxes imposed by and due to the County; failure of the business to pay all taxes in full
by the due date shall result in forfeiture of the incentives in Article III and loss of the tax
exemption in Article IV for such period as the business remains delinquent.
(c) All qualified technology businesses will be expected to execute a
performance agreement which shall stipulate the requirements for the business to
maintain its operations within the County and the penalties for non-compliance.
(d) The County reserves the right to withhold technology zone incentives or to
withdraw qualified technology business certification for any business that is not in
compliance with any County ordinance, regulation, performance agreement or other
legal requirement, including but not limited to any minimum employment or investment
levels provided for in the performance agreement.
ARTICLE III. ZONE BENEFITS AND INCENTIVES
§.25-10. Zone Incentives.
Technology Zone incentives may be offered as a one-time up front contribution
towards the development costs associated with a project, or may be provided as a
reimbursement or rebate, depending upon the nature and scope of the development. A
qualified technology company may be eligible to receive one or all of the following:
(a) A discount, based upon the level of employment and investment
generated by the business, of up to 100% of the following:
(1) Purchase price of the land owned by the County within the
technology zone, where applicable.
(2) Cost of water connection fees.
(3) Cost of sanitary sewer connection fees.
(b) A discount on fees associated with new construction, including but not
limited to building permit, plan review, and land disturbance fees, of up to 100% based
upon and in accordance with the scope of the project.
(c) A site preparation and/or infrastructure improvement grant, based upon
the nature and scope of the project.
(d) A one-time local job training grant for up to $500 per employee, for a
qualified technology business which is ineligible for the Virginia Workforce Services
training grant program; the grant is provided only for new, full-time permanent positions
created within the technology zone.
ARTICLE IV. TAX EXEMPTIONS
§. 25-11. Taxes Eligible for Exemption.
A qualified technology business shall be exempted from a percentage of the local
business, professional and occupational license taxes imposed pursuant to Chapter 10 -
August 27, 2002
584
Licenses of the Roanoke County Code. Except as specifically provided in this chapter,
all other provisions of Chapter 10 of this Code shall be applicable to each qualified
technology business.
§.25-12. Amount of Exemption.
The amount of the tax exemption under §25-11 shall be a percentage of the tax
due by the qualified technology business each year. The percentage exempted each
year shall be determined by the following schedule:
Year 1 . . . . . . . . . . . . . . . . . . . 100%
Year 2 . . . . . . . . . . . . . . . . . . . . 80%
Year 3 . . . . . . . . . . . . . . . . . . . . 60%
Year 4. . . . . . . . . . . . . . . . . . . .40%
Year 5 . . . . . . . . . . . . . . . . . . . . 20%
Year 1 is the calendar year in which the business becomes a qualified technology
business if it qualified prior to June 30 of the year. Otherwise, year 1 shall be the year
following the year in which the business becomes a qualified technology business.
Qualified technology businesses shall receive the tax exemption established by this
article for five years. Once a business has qualified as a technology business, it shall
be entitled to re-qualify for additional periods of five years or any parts thereof by reason
of expansion, to the extent of the additional investment. If a business ceases to be a
qualified technology business during a year in which the exemption applies, the taxes
shall be prorated for the months the business was a qualified technology business.
2. That the provisions contained in this ordinance shall be effective on and
from the date of its adoption.
On motion of Supervisor Nickens to adopt the ordinance, and carried by the
following recorded vote:
AYES: Supervisors Flora, McNamara, Minnix, Nickens, Church
NAYS: None
8. Second readina of ªº ordinance authorizina the vacation of ª
riaht-of·way shown!! ª "future street" between Lots 14 and 15
on the Plat of Laurel Woods Section b. Catawba Maaisterial
District. (Arnold Covey. Director of Community Development)
0-082702-16
August 27, 2002
585
Mr. Covey reported that there had been no changes in this matter since
the first reading.
There were no citizens present to speak on this matter and there was no
discussion.
Supervisor Church moved to adopt the ordinance. The motion carried by
the following recorded vote:
AYES:
Supervisors Flora, McNamara, Minnix, Nickens, Church
NAYS:
None
ORDINANCE 082702-16 VACATING AND CLOSING AN UNIMPROVED
AND UNUSED 50' RIGHT-OF-WAY REFERRED TO AS 'FUTURE
STREET' LYING BETWEEN LOT 14 (TAX MAP #36.01-246) AND LOT
15 (TAX MAP #36.01-247), IN SECTION 2, LAUREL WOODS
SUBDIVISION, SHOWN IN PLAT BOOK 9, PAGE 156, IN THE
CATAWBA MAGISTERIAL DISTRICT
WHEREAS, Petitioner Carole C. Edwards is the owner of a parcel of land
adjacent to a 50' right-of-way referenced as the "Future Street", said parcel being Lot
14, of 'Map of Section 2, Laurel Woods,' recorded in the Clerk's Office of the Circuit
Court of Roanoke County, Virginia, in Plat Book 9, page 156, and designated on the
Roanoke County Land Records as Tax Map #36.01-2-46; and,
WHEREAS, Petitioners David A. Keith and Lou Anne Keith are the owners of a
parcel of land adjacent to a 50' right-of-way referenced as the "Future Street", said
parcel being Lot 15, of 'Map of Section 2, Laurel Woods,' recorded in the Clerk's Office
of the Circuit Court of Roanoke County, Virginia, in Plat Book 9, page 156, and
designated on the Roanoke County Land Records as Tax Map #36.01-247; and,
WHEREAS, Petitioners Barry A. McCune and Linda B. McCune are the
owners of a parcel of land adjacent to a portion of a 50' right-of-way referenced as the
"Future Street", said parcel being Tract 1, Survey for Laurel Woods, Inc., and
designated on the Roanoke County Land Records as Tax Map #35.00-1-38; and,
WHEREAS, the Petitioners have requested that the Board of Supervisors of
Roanoke County, Virginia, vacate and close the "Future Street" adjacent to the above-
described lots; and,
August 27, 2002
586
WHEREAS, the "Future Street" is an unimproved and unused right-of-way, 50' in
width, as shown and dedicated on the plat entitled 'Map of Section 2, Laurel Woods'
recorded in the aforesaid Clerk's Office in Plat Book 9, page 156; and,
WHEREAS, §15.2-2272.2 of the Code of Virginia (1950, as amended) requires
that such action be accomplished by the adoption of an ordinance by the governing
body; and,
WHEREAS, notice has been given as required by §15.2-2204 of the Code of
Virginia (1950, as amended), and the first reading of this ordinance was held on August
13,2002; the public hearing and second reading of this ordinance was held on August
27, 2002.
NOW THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That section of unimproved, unused right-of-way, designated as "Future
Street", situate in the Catawba Magisterial District, measuring 50' in width and extending
between Lots 14 and 15, Section 2, Laurel Woods (Tax Map Nos. #36.01-2-46 and
#36.01-2-47, respectively), from Laurel Mountain Drive to Tract 1, Survey for Laurel
Woods, Inc., (Tax Map No. 35.00-1-38), being shown and dedicated on the plat entitled
"Map of Section 2, Laurel Woods" recorded in the aforesaid Clerk's Office in Plat Book
9, page 156, and further shown shaded and hatched as "Future Street" on Exhibit A
attached hereto and incorporated herein, be, and hereby is, vacated and closed
pursuant to Section 15.2-2272 of the Code of Virginia (1950, as amended), subject to
the following conditions:
a. That a perpetual public utility easement, 50' in width and 50' in length, to
construct, install, improve, operate, inspect, use, maintain, remove,
monitor, repair or replace present or future public utility lines, pipes,
courses, ditches, facilities, systems and other necessary or related
structures, appurtenances and improvements, together with the right of
ingress and egress thereto from a public road, is hereby reserved and
retained for the benefit of public utility companies. The location of said
easement is shown and designated as "50' A.P.CO. EASEMENT BEING
RETAINED" on the map dated August 6, 2002, prepared by the Roanoke
County Department of Community Development, attached hereto as
Exhibit A and made a part hereof.
b. That a perpetual public utility easement, 15' in width and extending
between the existing 15' T. & E. E. [telephone and electrical easement] on
the front of the lots along Laurel Mountain Drive, to construct, install,
improve, operate, inspect, use, maintain, remove, monitor, repair or
replace present or future public utility lines, pipes, courses, ditches,
facilities, systems and other necessary or related structures,
August 27, 2002
587
appurtenances and improvements, together with the right of ingress and
egress thereto from a public road, is hereby reserved and retained for the
benefit of public utility companies. The location of said easement is
shown and designated as "NEW 15' T. & E. EASEMENT" on the map dated
August 6, 2002, prepared by the Roanoke County Department of
Community Development, attached hereto as Exhibit A and made a part
hereof.
c. That fee simple title to the subject portions of the "Future Street" shall vest
as provided by law, subject to the easements reserved in subparagraph a.
above and subject to the condition that the vacated areas of land shall be
added and combined to the adjacent properties, in compliance with the
Roanoke County Subdivision and Zoning Ordinances, and other
applicable laws and regulations.
d. That all costs and expenses associated herewith, including but not limited
to publication, survey and recordation costs, shall be the responsibility of
the Petitioners; and,
2. That the County Administrator, an Assistant County Administrator, or any
County Subdivision Agent is hereby authorized to execute such documents and take
such actions as may be necessary to accomplish the provisions of this ordinance, all of
which shall be on form approved by the County Attorney.
3. That this ordinance shall be effective on and from the date of its adoption,
and a certified copy of this ordinance shall be recorded in the Clerk's Office of the
Circuit Court of Roanoke County, Virginia, in accordance with §15.2-2272.2 of the Code
of Virginia (1950, as amended).
On motion of Supervisor Church to adopt the ordinance, and carried by the
following recorded vote:
AYES: Supervisors Flora, McNamara, Minnix, Nickens, Church
NAYS: None
9. Second readina of i!!!. ordinance amendina and reenactinQ
Section 22-82. "Rates and Fees", of Chapter 22 Water, Article !!
"Water Systems", Division ~ "County Water System" of the
Roanoke County Code to provide for ª chanae in off-site facilities
fees for motels, hotels, hospitals and other residential institutions
from ª per Y!l!! charae basis to ª charge based upon meter size.
August 27, 2002
588
(Garv Robertson, Utility Director)
0-082702-17
Mr. Robertson stated that there have been no changes in this matter since
the first reading.
In response to Supervisor Nickens' question, Mr. Robertson indicated that
a 90 day waiver is available allowing developers or homeowners to connect to the
County water system without being charged for sewer service. This waiver can be
extended once. This allows for the availability of water service without having to pay for
sewer service until it is needed.
There were no citizens present to speak on this matter.
Supervisor Minnix moved to adopt the ordinance. The motion carried by
the following recorded vote:
AYES:
Supervisors Flora, McNamara, Minnix, Nickens, Church
NAYS:
None
ORDINANCE 082702-17 AMENDING AND REENACTING SECTION 22-
82, "RATES AND FEES", OF CHAPTER 22 WATER, ARTICLE II.
"WATER SYSTEMS", DIVISION 2. "COUNTY WATER SYSTEM", OF
THE ROANOKE COUNTY CODE TO PROVIDE FOR A CHANGE IN
OFF-SITE FACILITIES FEES FOR MOTELS, HOTELS, HOSPITALS
AND OTHER RESIDENTIAL INSTITUTIONS FROM A PER UNIT
CHARGE TO A CHARGE BASED UPON METER SIZE
WHEREAS, the Board of Supervisors has adopted and established water user
rates for Roanoke County utility customers, as provided in Roanoke County Code §22-
82; and,
August 27, 2002
589
WHEREAS, by Ordinance #072302-4, this Board amended certain provisions of
Section 18-168, "Schedule of Charges", of Chapter 18 SEWERS AND SEWAGE
DISPOSAL, ARTICLE IV., "SEWER USE STANDARDS", of the Roanoke County Code;
and,
WHEREAS, this amendment included a change in the off-site facilities fees for
motels, hotels, hospitals, and other residential institutions from a per unit charge to a
charge based upon meter size; and,
WHEREAS, this Board has determined that it is appropriate to make the
corresponding changes to the off-site facilities fees for water connections; and,
WHEREAS, the provisions of this ordinance for rate adjustments are adopted
pursuant to the authority found in Chapter 21, Title 15.2, including more specifically
§15.2-2111 and §15.2-2143, of the Code of Virginia (1950, as amended); and,
WHEREAS, legal notice of this amendment has been published in a newspaper
of general circulation within Roanoke County, pursuant to §15.2-107 of the Code of
Virginia (1950, as amended) on August 6,2002, and August 13, 2002; and,
WHEREAS, the first reading of this ordinance was held on August 13, 2002, and
the second reading and public hearing on this ordinance was held on August 27,2002.
NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia:
1. That subsection (b)(6) of Section 22-82, of Division 2. County Water
Svstem of Article II. Water Svstems, Chapter 22 WATER, of the Roanoke County Code
is hereby amended and reenacted as follows:
Sec. 22-82. Rates and fees.
****
(6) Schedule of connection fees. The total connection fee is the sum of the
basic connection fee (which is determined by meter size) plus the off-site
facilities fee (which is determined by meter size, type of service, and
effective date), as indicated in Tables I, II, and III.
August 27, 2002
590
Table I
Basic Connection Fee
Meter Size Inches ERC Basic Connection
5/8 $ 1.00 $500.00
3/4 1.44 525.00
1 2.56 700.00
1;;' 5.76 1,800.00
2 10.24 2,600.00
3 23.04 3,800.00
4 40.96 4,500.00
6 92.16 7,600.00
8 163.84 10,500.00
10 256.00 12,500.00
12 368.64 15,000.00
The 5/8-inch meter is equal to service to one equivalent residential
connection or "ERC." Service and meters larger than 5/8-inch are sized as
their volume ratio to the 5/8-inch meter or ERC.
Table II
Off-site Facilities Fee
Effective Dates
Types of SeNÍce 7/1/91 7/1/92 7/1/93 7/1/()1 7/1/95
Effective
9/1/2002
Single Family
(per dwelling unit) $2,210.00 $2,320.00 $2,440.00 $2,560.00 $2,690.00
Multi-family
(per dwelling unit) 2,210.00 2,320.00 2,440.00 2,560.00 2,690.00
Motel and Hotel 1,105.00 1,160.00 1,220.QO 1,280.00 1,345.00
(per guost morn)
August 27,2002
591
Hospital (per Bed)
2,210.00 2,320.00
2,140.00
2,560.00 2,690.00
Other re£ideRtial 1,325.00 1,390.00
inGtitution£ inoluding
nur£ing hOR'leG (per Bes)
1,465.00
1,835.00
1,618.00
The Off-site Facilities Fee for all other applicants will be based on meter size as
follows:
Table III
Effective Dates
Meter Size
Inches
7/1/91
7/1/92
7/1/93
7/1/94
5/8 $ 2,219.90 $ 2,320.00 $ 2,440.00 $ 2,860.00
3/4 3, 182.00 3,341.00 3,514.00 3,686.00
1 5,658.00 5,929.09 6,246.00 6,554.00
1% 12,730.00 13,363.00 14,984.00 17,746.00
2 22,630.00 23,757.00 24,986.90 26,214.00
3 50,918.00 53,483.00 86,218.00 58,982.90
4 90,522.90 98,927.00 99,942.00 104,858.90
6 203,674.00 213,811.99 224,87Q.00 235,930.00
8 362,086.00 380, 1 09.00 399,770.00 419, 430.00
10 568,769.00 593,920.00 624,640.90 655,360.00
12 814,694.00 855,245.00 899,482.00 943,718.00
****
7/1/95
Effective
9/1/2002
$ 2,690.00
3,874.00
6,886.00
15,494.00
27,546.00
61,978.00
110,186.00
247,910.00
440,730.00
688,640.00
991,642.00
2. That all subsections and provisions of §22-82 of the Roanoke County
Code, not specifically amended herein, shall remain in full force and effect.
3. That the provisions of this ordinance shall be effective on and from
September 1, 2002.
August 27, 2002
592
On motion of Supervisor Minnix to adopt the ordinance, and carried by the
following recorded vote:
AYES: Supervisors Flora, McNamara, Minnix, Nickens, Church
NAYS: None
10.Second readinQ of an ordinance authorizina and approvina
execution of ª lease aareement with Cellco Partnership, ª
Delaware General Partnership doina business ªª Verizon
Wireless, for rooftop space on the Salem Bank and Trust BuildinQ
at 220 East Main Street. (Anne Marie Green, Director of General
Services)
0-082702-18
Ms. Green reported that the changes that have occurred since the first
reading are: (1) The lease terms have been completed. (2) The rental amount will be
$1,200 per month with an increase of 15% per year at the time of each term renewal.
These rates are consistent with the other towers and equipment currently in use at the
building.
There were no citizens present to speak on this matter and there was no
discussion.
Supervisor Church moved to adopt the ordinance. The motion carried by
the following recorded vote:
August 27, 2002
593
AYES:
Supervisors Flora, McNamara, Minnix, Nickens, Church
NAYS:
None
ORDINANCE 082702-18 AUTHORIZING AND APPROVING
EXECUTION OF A LEASE AGREEMENT WITH CELLCO
PARTNERSHIP, A DELAWARE GENERAL PARTNERSHIP, D/B/A
VERIZON WIRELESS, FOR ROOFTOP SPACE ON THE SALEM BANK
& TRUST BUILDING AT 220 EAST MAIN STREET, SALEM, VA,
OWNED BY THE BOARD OF SUPERVISORS OF ROANOKE COUNTY
WHEREAS, the Board of Supervisors of Roanoke County, Virginia, is the owner
of several parcels of land, containing .68 acre, located at 220 East Main Street in the
City of Salem, Virginia, and designated on the Salem Land Records as Tax Map #106-
13-6, #106-13-2, and #106-13-1, and commonly referred to as the Salem Bank and
Trust Building; and,
WHEREAS, said property was purchased on May 15, 2001, subject to leases
with the County of Roanoke to provide office space for the Department of Social
Services and Blue Ridge Community Services on the third, fourth, and fifth floors of the
building, and subject to a number of commercial leases for the first and second floors of
the building and for the rooftop for antenna space; and,
WHEREAS, the County leased the property to the Roanoke County Industrial
Development Authority for the issuance of bonds to finance the purchase, and the
property was leased back to the County for operation of the premises and generation of
the revenue, through the existing leases, for payment of the debt service on the bonds;
and,
WHEREAS, staff has been approached by and has negotiated with one
additional wireless provider interested in locating its facilities on the rooftop of the Salem
Bank & Trust Building; and,
WHEREAS, Section 18.04 of the Roanoke County Charter directs that the
acquisition or conveyance of an interest in real estate, including leases, shall be
accomplished by ordinance; the first reading of this ordinance was held on August 13,
2002; and the second reading and public hearing was held on August 27,2002.
THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That lease of approximately 46.5 total square feet of rooftop space at the
Salem Bank and Trust Building, located at 220 East Main Street, Salem, Virginia, to
Cellco Partnership, a Delaware General Partnership, d/b/a Verizon Wireless, for a
period of five (5) years at an annual rental of $14,400.00, payable monthly in the
August 27, 2002
594
amount of $1,200.00, plus payment for its utility consumption, with the option to Cellco
to renew said lease for four (4) additional periods of five (5) years at a fifteen percent
(15%) rental increase at each renewal, is hereby authorized and approved.
2. That the County Administrator or an Assistant County Administrator is
hereby authorized to execute a lease agreement on behalf of the Board of Supervisors
of the County of Roanoke and to execute such other documents and take such further
actions as are necessary to accomplish this transaction, all of which shall be upon form
and subject to the conditions approved by the County Attorney.
3. That the funds generated by this lease shall be placed in the Salem Bank
and Trust Building revenue account.
4. That this ordinance shall be effective on and from the date of its adoption.
On motion of Supervisor Church to adopt the ordinance, and carried by the
following recorded vote:
AYES: Supervisors Flora, McNamara, Minnix, Nickens, Church
NAYS: None
INRE:
NEW BUSINESS
1.: Consideration of claim of John Willey. {Paul Mahoney. County
Attorney}
A-082702-19
Mr. Mahoney stated that Mr. Willey, through his attorney Terry Grimes,
has filed a notice of claim with the County. Mr. Mahoney recommended that the Board
deny the claim and allow the matter to be resolved through the judicial system.
There were no citizens present to speak on this matter and there was no
discussion.
Supervisor McNamara moved to approve staff recommendation and deny
the claim. The motion carried by the following recorded vote:
AYES:
NAYS:
Supervisors Flora, McNamara, Minnix, Nickens, Church
None
August 27, 2002
595
INRE:
REPORTS AND INQUIRIES OF BOARD MEMBERS
Supervisor McNamara: (1) He apologized for missing the August 13
meeting, and indicated that he was attending the Open House at Hidden Valley High
School. He stated that it is clear that the County has first class facilities. (2) He urged
everyone to drive safely now that schools are in session.
Supervisor Minnix: (1) He reported that he is presently scheduled to work
on September 10, and may be unable to attend the Board meeting on that date.
Supervisor Nickens: (1) He requested that a resolution supporting the
"Build a Better Virginia" campaign be placed on the agenda for the September 10
meeting for the Board's consideration. (2) He apologized for missing the August 13
meeting, and indicated that he was unable to attend due to a family medical situation.
Supervisor Flora: (1) He indicated that he has recently received a number
of calls pertaining to the water situation, and he complimented the Utility Department for
their prompt response to citizens' inquiries.
Supervisor Church: (1) He referenced a letter which complimented Frank
Wilkins in the Police Department. He thanked Mr. Tony Ayers for taking the time to
write the letter praising Mr. Wilkins. (2) He asked Mr. Hodge to look into the availability
of paved pathways to provide handicapped accessibility to County ball fields.
IN RE: ADJOURNMENT
Chairman Church adjourned the meeting at 9:19 p.m.
August 27,2002
596
Submitted by:
)J;¡y 0 Ag. C1 ÌcId~ tV
Diane S. Childers
Clerk to the Board
Approved by:
~~f:,~~(!fdJ
Chairman