HomeMy WebLinkAbout1/25/2000 - Regular
January 25, 2000
43
=
Roanoke County Administration Center
5204 Bernard Drive
Roanoke, Virginia 24018
January 25, 2000
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 January, 2000.
IN RE:
CALL TO ORDER
Chairman McNamara called the meeting to order at 3:01 p.m. The roll call
was taken.
MEMBERS PRESENT:
Chairman Joseph McNamara, Vice Chairman H. Odell "Fuzzy"
Minnix, Supervisors Joseph B. "Butch" Church, Bob L.
Johnson, Harry C. Nickens
MEMBERS ABSENT:
None
STAFF PRESENT:
Elmer C. Hodge, County Administrator; Paul M. Mahoney,
County Attorney; Mary H. Allen, Clerk; John M. Chambliss,
Assistant County Administrator; Don C. Myers, Assistant
County Administrator; Anne Marie Green, Director, Community
Relations
IN RE:
OPENING CEREMONIES
The invocation was given by the Reverend Joseph A. Keaton, Central Baptist
Church. The Pledge of Allegiance was recited by all present.
INRE:
REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF
44
January 25, 2000
AGENDA ITEMS
=
Chairman McNamara added a work session to discuss the Allah process
which was used at the recent Board retreat.
IN RE:
NEW BUSINESS
.h
ReQuest to adoDt resolution aDDrOvinQ refundinQ of $5.600.000
of Sewer Revenue Bonds. (Diane Hvatt. Finance Director)
R-012500-1
Ms. Hyatt reported that the Board approved issuance of up to $5,725,000 in
bonds to finance the County's portion of the Roanoke Regional Wastewater Treatment
Facility.
The County had previously borrowed $13,100,000 through the Virginia
Wastewater Revolving Fund. Due to a change in the way the Revolving Loan Fund is
operating, they have requested that we now refund the $5,600,000 of bonds that were
closed in July 1999. The initial issue had an interest rate of 4% and the refunded issue will
have an interest rate of 3.5%, saving the County $17,664 annually or $416,000 including
interest on the loan over the 20-year term of the loan. At the closing, the County will need
to pay the interest accrued to this point of $41,300.95, which will need to be appropriated
from the Sewer Unappropriated Balance. Ms. Hyatt advised that the resolution had been
revised to state that a public hearing is not required.
Supervisor Johnson moved to adopt the resolution. The motion carried by
the following recorded vote:
AYES:
Supervisors Johnson, Minnix, Church, Nickens, McNamara
January 25, 2000
45
=
NAYS:
None
RESOLUTION 012500-1 OF THE BOARD OF SUPERVISORS OF THE
COUNTY OF ROANOKE, VIRGINIA, AUTHORIZING AND APPROVING
THE ISSUANCE AND SALE OF THE COUNTY OF ROANOKE, VIRGINIA,
SEWER REFUNDING AND REVENUE BOND, SERIES 2000, IN THE
MAXIMUM PRINCIPAL AMOUNT OF $5,600,000, AND SETTING FORTH
THE FORM, DETAILS AND PROVISIONS FOR THE PAYMENT THEREOF
RECITALS
A. The Board of Supervisors (the "Board") of the County of Roanoke, Virginia (the
"County") has determined that it is necessary and desirable to issue its Sewer Refunding
and Revenue Bond, Series 2000, in the maximum principal amount of $5,600,000 (the
"Bond"), and to use the proceeds thereof, along with other available funds, if any, to
refinance the County's outstanding $5,600,000 Sewer Revenue Bond, Series 1999 (the
"1999 Bond") and finance the County's portion of the expansion of the Roanoke Regional
Wastewater Treatment Facility (the "Project").
B. The Bond will be sold by the County to or at the direction of the Virginia
Resources Authority ("VRA"), pursuant to the terms of a Financing Agreement (the
"Financing Agreement") between the County and VRA, to be dated as of a date specified
by VRA.
C. The Bond will be issued as a "Parity Bond" as defined in the Financing
Agreement dated as of December 1, 1996 (the "1996 Financing Agreement"), between the
County and the Virginia Water Facilities Revolving Fund, acting by and through VRA. The
Bond will be secured by a pledge of the revenues (as more particularly defined in the
Financing Agreement, the "Revenues") derived by the County from the ownership and
operation of its wastewater system (as more particularly defined in the Financing
Agreement, the "System"). The Bond will be secured on parity with the County's
outstanding Sewer Revenue Bond, Series 1996 (the "1996 Bond"), with respect to the
pledge of Revenues.
D. The Board is not required to hold a public hearing on the issuance of the Bond,
as provided in Sections 15.2-2606 and 15.2-2643 of the Code of Virginia of 1950, as
amended (the "Virginia Code").
E. The foregoing arrangements will be reflected in the Financing Agreement, a form
of which has been presented to this meeting and filed with the County's documents.
NOW, THEREFORE, be it resolved by the Board of Supervisors of the County of
Roanoke, Virginia that:
46
January 25, 2000
1. Election to Proceed Under Public Finance Act of 1 \:1\:11. I ne tloard hel eby eled:;
to issue the Bond under the provisions of the Public Finance Act of 1991, Chapter 26, Title
15.2 of the Virginia Code (the "Public Finance Act") without regard to the requirements,
restrictions or other provisions contained in the Charter of the County.
¡:::;:;:::
2. Authorization of Bond and Use of Proceeds. The Board hereby finds and
determines that it is advisable and in the best interest of the County to contract a debt and
to issue the Bond in the maximum principal amount of $5,600,000, and to award and sell
the Bond to or at the direction of VRA, all pursuant to the Public Finance Act and the terms
of this Resolution and the Financing Agreement. Such issuance, award and sale of the
Bond are hereby authorized and approved. The Bond shall be known as the "County of
Roanoke, Virginia, Sewer Refunding and Revenue Bond, Series 2000." The proceeds from
the issuance and sale ofthe Bond shall be used, together with other available funds, if any,
to pay the costs of the Project.
3. Details of Bond. The Bond shall be issued as a single bond in fully registered
form and shall be dated the date of its issuance and delivery. The County Administrator
is authorized and directed to determine and approve all of the other final details of the
Bond, including without limitation, the maximum principal amount authorized to be
advanced thereunder, the interest rate, the maturity or payment dates and amounts and
the final maturity date; provided, however, that (I) the maximum principal amount
authorized to be advanced under the Bond shall not exceed $5,600,000, (ii) the interest
rate on the Bond shall not exceed three and one-half percent (3.5%) per annum, (iii) the
Bond shall have a substantially level maturity or payment schedule from and after the date
on which the first payment of principal is due thereunder, and (iv) the final maturity date of
the Bond shall be no later than December 31, 2024. The County Administrator's approval
of such details shall be evidenced conclusively by the due execution and delivery of the
Bond on the County's behalf to or at the direction of VRA.
'.
"
4. Pledae of Revenues. The Bond shall be a limited obligation of the County and,
except to the extent payable from the proceeds of the sale of the Bond or the income, if
any, derived from the investment thereof, is payable exclusively from the Revenues of the
System which the County hereby pledges to the payment of the principal of and interest on
the Bond pursuant to the terms of the Financing Agreement. The Bond will be issued as
a Parity Bond as defined in the 1996 Financing Agreement, and will be secured on parity
with the 1996 Bond with respect to the pledge of Revènues. Neither the Commonwealth
of Virginia nor any of its political subdivisions, including the County, shall be obligated to
pay the principal of or interest on the Bond or other costs incident to it except from the
revenues and any other money or property pledged for such purpose, and neither the faith
and credit nor the taxing power of the Commonwealth of Virginia or any of its political
subdivisions, including the County, is pledged to the payment of the principal of or interest
on the Bond or other costs incident to it. The issuance of the Bond does not directly,
indirectly or contingently obligate the Commonwealth of Virginia or any of its political
subdivisions, including the County, to levy any taxes for the payment of the Bond.
January 25, 2000
47
5. Form of Bond. The Bond shall be in substantially the form attached as Exhibit
A to the Financing Agreement, with such variations, insertions or deletions as may be
approved by the Chairman of the Board (the "Chairman") or the Vice Chairman of the
Board (the "Vice Chairman"). There may be endorsed on the Bond such legend or text as
may be necessary or appropriate to conform to any applicable rules and regulations of any
governmental authority or any usage or requirement of law with respect thereto.
6. Evidence of Approval. The Chairman's or Vice Chairman's approval or
determination of all of the details and provisions of the Bond that he has been authorized
and/or directed to approve under this Resolution shall be evidenced conclusively by his
execution and delivery of the Bond on the County's behalf.
7. Redemotion of Bond. The Bond shall not be subject to optional redemption
without the consent of VRA, as set forth in the Bond and the Financing Agreement.
8. J:xecution and Deliverv of Bond. The Chairman or Vice Chairman is authorized
and directed to execute the Bond. The Clerk of the Board (the "Clerk") or the Deputy Clerk
of the Board (the "Deputy Clerk") is authorized and directed to affix the seal of the County
to the executed Bond and to attest it and then to deliver the Bond or cause the Bond to be
delivered to or at the direction of VRA upon payment of the first principal advance
thereunder. An authorized representative or other designee ofVRA shall enter the amount
and date of each principal advance as provided in the Certificate of Advances attached to
the Bond when the proceeds of such advance are delivered to the County.
9. Reaistration. Transfer and Exchange. The Board appoints the Director of
Finance as its registrar and transfer agent to keep books for the registration and transfer
of the Bond and to make such registrations and transfers on such books under such
reasonable regulations as the County may prescribe.
Upon surrender for transfer or exchange of the Bond at the office of the Director of
Finance, the County shall cause the execution and delivery in the name of the transferee
or registered owner, as applicable, of a new Bond for a principal amount equal to the Bond
surrendered and of the same date and tenor as the Bond surrendered, subject in each case
to such reasonable regulations as the County may prescribe. If surrendered for transfer,
exchange, redemption or payment, the Bond shall be accompanied by a written instrument
or instruments of transfer or authorization for exchange, in form and substance reasonably
satisfactory to the Director of Finance, duly executed by the registered owner or by his or
her duly authorized attorney-in-fact or legal representative.
A new Bond delivered upon any transfer or exchange shall be a valid limited
obligation of the County, evidencing the same debt as the Bond surrendered and shall be
entitled to all of the security and benefits of this Resolution to the same extent as the Bond
surrendered.
48
January 25, 2000
~
10. Charges for Exchanae or Transfer. No charge shall be made tor any excnange
or transfer of the Bond, but the Director of Finance may require payment by the holder of
the Bond of a sum sufficient to cover any tax or any other governmental charge that may
be imposed in relation thereto.
11. Mutilated. Lost. Stolen or Destroved Bond. If the Bond has been mutiiated,lost,
stolen or destroyed, the County shall execute and deliver a new Bond of like date and tenor
in exchange and substitution for, and upon delivery to the Director of Finance and
cancellation of, such mutilated Bond, or in lieu of and in substitution for such lost, stolen or
destroyed Bond; provided, however, that the County shall execute, authenticate and deliver
a new Bond only if its registered owner has paid the reasonable expenses and charges of
the County in connection therewith and, in the case of a lost, stolen or destroyed Bond (I)
has filed with the Director of Finance evidence satisfactory to him or her that such Bond
was lost, stolen or destroyed and that the holder of the Bond was its registered owner and
(Ii) has furnished to the County indemnity satisfactory to the Director of Finance. If the
Bond has matured, instead of issuing a new Bond, the County may pay the Bond without
surrender upon receipt of the aforesaid evidence and indemnity.
12.Accroval of Financina Aareement. The Financing Agreement is approved in
substantially the form presented to this meeting, with such changes, insertions or omissions
as may be approved by the Chairman or Vice Chairman, whose approval shall be
evidenced conclusively by the execution and delivery of the Financing Agreement on the
County's behalf, and the Chairman or Vice Chairman is authorized to complete the
Financing Agreement with the final terms and details of the Bond as determined pursuant
to paragraph 3. The Chairman or Vice Chairman is authorized to execute and deliver the
Financing Agreement and such other documents and certificates as such officer may
consider necessary in connection therewith.
13. Disclosure Documents. The Chairman, Vice Chairman, County Administrator
and Director of Finance and such officers and agents of the County as any of them may
designate, are hereby authorized and directed to prepare, execute and deliver any
appropriate disclosure documents as may be necessary to expedite the sale of the Bond.
If appropriate, such disclosure documents shall be distributed in such manner and at such
times as any of them shall determine. The County Administrator and the Director of
Finance, or either of them, are authorized and directed to take whatever actions are
necessary and/or appropriate to ensure compliance with Securities and Exchange
Commission Rule 15c2-12.
14. Tax Documents. The County Administrator and the Director of Finance are
authorized to execute a Nonarbitrage Certificate and Tax Compliance Agreement or any
related document (the "Tax Documents") setting forth the expected use and investment of
the proceeds of the Bond and containing such covenants as may be necessary in order to
comply with the provisions of the Internal Revenue Code of 1986, as amended (the
"Code"), including the provisions of Section 148 of the Code and applicable regulations
January 25, 2000
49
relating to "arbitrage bonds." The County covenants that the proceeds from the issuance
and sale of the Bond will be invested and expended as set forth in the Tax Documents, to
be delivered simuitaneouslywith the issuance and deliveryofthe Bond and that the County
shall comply with the other covenants and representations contained therein.
15. Further Actions: Authorized Reoresentative. The Chairman, the County
Administrator and the Director of Finance and such officers and agents of the County as
may be designated by any of them are authorized and directed to take such further actions
as they deem necessary regarding the refinancing ofthe 1999 Bond, the issuance and sale
of the Bond and the execution, delivery and performance of the Financing Agreement,
including, without limitation, the execution and delivery of closing documents and
certificates. All such actions previously taken by such officers and agents are ratified and
confirmed. The Chairman, County Administrator and the Director of Finance are
designated the County's Authorized Representatives for purposes of the Financing
Agreement.
16. Filing of Resolution. The County Attorney is authorized and directed to file a
certified copy of this Resolution with the Circuit Court of the County of Roanoke, Virginia,
pursuant to Sections 15.2-2607 and 15.2-2627 of the Virginia Code.
17. Effective Date. This Resolution shall take effect immediately.
Adopted this 25th day of January, 2000.
On motion of Supervisor Johnson to adopt the resolution, and carried by the
following recorded vote:
AYES: Supervisors Johnson, Minnix, Church, Nickens, McNamara
NAYS: None
~
Request for adoDtion of a resolution of SUDDort for a recreational
access qrant for North Roanoke Park. (Pete HaisliD. Parks and
Recreation Director)
R-O12500-2
Mr. Haislip explained that at the December 21, 1999 meeting, the Board
approved the concept plan for a new park in North Roanoke to be named later. As funding
is limited, an important part of the process is securing Recreational Access Funds from the
State to construct an access road. The resolution indicates support from the Board for the
50
January 25, 2000
project, provides direction to the Department of Conservation and Recreation to aeslgnate
this park as a public recreation area, and recommends to the Commonwealth
Transportation Board that this project can be funded.
In response to a question from Supervisor Nickens, Mr. Haislip advised that
the access funds will only fund the access road and not parking facilities.
Supervisor Johnson moved to adopt the resolution. The motion carried by
the following recorded vote:
AYES:
Supervisors Johnson, Minnix, Church, Nickens, McNamara
NAYS:
None
RESOLUTION 012500-2 REQUESTING THE DIRECTOR OF THE
VIRGINIA DEPARTMENT OF CONSERVATION AND RECREATION TO
DESIGNATE THE NORTH ROANOKE PARK, (TO BE RENAMED AT A
LATER DATE) AS A PUBLIC RECREATION AREA AND TO
RECOMMEND TO THE COMMONWEALTH TRANSPORTATION BOARD
THAT RECREATIONAL ACCESS FUNDS BE APPROVED FOR THIS
PROJECT.
WHEREAS, the North Roanoke Park is to be developed by the Roanoke
County Department of Parks and Recreation as a recreational facility serving the residents
of Roanoke County; and
WHEREAS, the facility is in need of adequate access; and
WHEREAS, the procedure governing the allocation of recreational access
funds as set forth in Section 33.1-223 of the Code ill Virainia requires joint action by the
Director of the Department of Conservation and Recreation and the Commonwealth
Transportation Board; and
WHEREAS, a statement of policy agreed upon between the said Director
and Board approves the use of such funds for the construction of access roads to publicly-
owned recreational areas; and
WHEREAS, it appears to the Board that all requirements have been met to
permit the Director of the Department of Conservation and Recreation to designate the
North Roanoke Park as a public recreational facility and further permit the Commonwealth
Transportation Board to provide funds for access to this public recreation area in
accordance with Section 33.1-223 of the Code ill Virainia; and
WHEREAS, the right of way of the proposed access road is provided by the
County of Roanoke at no cost to the Recreational Access Fund; and
January 25, 2000
51
-
WHEREAS, the Board acknowledges that, pursuant to the provisions of
Section 33.1-223 of the Code ill Virainia, this road shall be designated a "Virginia Byway"
and recommends the Commonwealth Transportation Board, in cooperation with the
Director of the Department of Conservation and Recreation, take appropriate action to
implement this designation. Further, the Board agrees, in keeping with the intent of Section
33.1-63 of the Code ill Virainia, to use its good offices to reasonably protect the aesthetic
or cultural value of this road.
NOW, THEREFORE BE IT RESOLVED, thatthe Board of Supervisors ofthe
County of Roanoke hereby requests the Director of the Department of Conservation and
Recreation to designate the North Roanoke Park as a public recreational area and to
recommend to the Commonwealth Transportation Board that recreational access funds be
allocated for an access road to serve said park; and
BE IT FURTHER RESOLVED, that the Commonwealth Transportation Board
is hereby requested to allocate the necessary recreational access funds to provide a
suitable access road as hereinbefore described.
On motion of Supervisor Johnson to adopt the Resolution, and carried by the
following recorded vote:
AYES: Supervisors Johnson, Minnix, Church, Nickens, McNamara
NAYS: None
INRE:
REQUEST FOR PUBLIC HEARINGS AND FIRST READING OF
REZONING ORDINANCES - CONSENT AGENDA
Supervisor Nickens moved to approve the first readings and set the second
readings and public hearings for February 29, 2000. The motion carried by the following
recorded vote:
AYES:
Supervisors Johnson, Minnix, Church, Nickens, McNamara
NAYS:
None
1.
First reading Qf an ordinance tQ rezone aDDroximatelv 1.05 acre
from R-3 Residential to C-2 Commercial to oDerate !i Dersonal
services facility UDon the Detition of David and Zena Azar.
located !it 5420 Starkev Road. Cave fumng Maaisterial District.
52
January 25, 2000
¡-
2.
First readina of an ordinance amendina and reenactma the
zonina ordinance of Roanoke County. Virainia Qx the addition of
standards for cluster subdivisions. UDon the Detition of the
Roanoke Countv Plannina Commission.
At Supervisor Nickens request, it was the consensus of the Board to
schedule a work session for February 29, 2000, prior to the public hearing.
3.
First readina Qf an ordinance authorizina the aDDroval Qf !l
SDecial Use Permit for the Evanael Foursauare Church. for !l
reliaious assembly use located!l! 5188 Stable Road. Cave SDrina
Maaisterial District.
IN RE:
CONSENT AGENDA
R-012500-3. R-012500-3.b. R-012500-3.c. R-012500-3.d. R-012500-3.a
Supervisor Nickens moved to adopt the Consent Resolution. The motion
carried by the following recorded vote:
AYES:
Supervisors Johnson, Minnix, Church, Nickens, McNamara
NAYS:
None
RESOLUTION 012500-3 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
January 25, 2000, designated as Item J - Consent Agenda be, and hereby is, approved and
concurred in as to each item separately set forth in said section designated Items 1 through
8, inclusive, as follows:
January 25, 2000
53
1.
Confirmation and ratification of Committee Appointments to the
Hanging Rock Battlefield Preservation Foundation, the Roanoke
Valley Convention and Visitors Bureau Board of Directors, Southwest
Development Financing, Inc., and Virginia's First Regional Industrial
Facility Authority.
2.
Resolution approving a revision ofthe previously approved Workforce
Investment Area of the Roanoke Valley-Allegheny Regional
Commission to include Franklin County, VA.
3.
Resolution of support for consideration of passenger rail service to
Historic Oak Ridge Estate Train Station in Nelson County, VA.
4.
Revised Resolution of Appreciation upon the retirement of Kenneth
Hogan, Parks and Recreation Department.
5.
Request from Schools to appropriate $3,625 Virginia Commission of
the Arts grant for the Artists-in-Education Residency Program.
6.
Request from Schools to appropriate $279.51 reimbursement from
Virginia Western Community College for the dual enrollment program.
7.
Resolution of Appreciation upon the retirement of Frances B.
Haggerty, Police Department.
8.
Donation of storm drainage easement on property owned by Gary H.
Wood and Shelly R. Wood (Tax Map No. 77.14-06-45) in the Cave
Spring Magisterial District.
2. That the Clerk to the Board is hereby authorized and directed where
required by law to set forth upon any of said items the separate vote tabulation for any such
item pursuant to this resolution.
On motion of Supervisor Nickens to adopt the Consent Resolution, and
carried by the following recorded vote:
AYES: Supervisors Johnson, Minnix, Church, Nickens, McNamara
NAYS: None
RESOLUTION 012500-3.b ADDING FRANKLIN COUNTY TO THE
REGIONAL WORKFORCE INVESTMENT ACT AND AUTHORIZING
EXECUTION OF THE CONSORTIUM AGREEMENT AMONG THE
PARTICIPATING JURISDICTIONS
WHEREAS, the Congress of the United States adopted Public Law 105-220,
54
January 25, 2000
-
the Workforce Investment Act, to replace the Job Training Partnership Act {J I I-'AJ; ana
WHEREAS, the purpose of this Act is to: streamline services through a
One-Stop service delivery system; empower individuals through information regarding and
access to training resources; provide universal access to core services; increase
system-wide accountability; ensure a strong partnership between local jurisdictions and
their regional Workforce Investment Boards in developing the workforce investment
system; facilitate state and local flexibility and improve youth programs; and
WHEREAS, under Section 116 of the Workforce Investment Act, the
Governor has designated workforce investment areas within the state to implement the
provisions of this legislation; and
WHEREAS, the Act and state regulations adopted by the Governor under
the Act allow the jurisdictions within a workforce investment area to enter into a
""consortium agreement' to define their roles and relationships in administering their
responsibilities under the Act; and
WHEREAS, the Act requires the Chief Local Elected Official (County Board
Chairperson) or his/her designee to perform several duties which assure local government
control over the Local Plan adopted by the Workforce Investment Area; and
WHEREAS, the participating jurisdictions ofthis Workforce Investment Area
must adopt a formal consortium agreement for filing with the Governor.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of the
County of Roanoke, Virginia, that the Board Chairperson be, and hereby is, authorized to
execute the Consortium Agreement among the jurisdictions that constitute the Fifth District
Employment and Training Consortium workforce investment area under the Workforce
Investment Act (P. L. 105- 220).
On motion of Supervisor Nickens to adopt the resolution, and carried by the
following recorded vote:
AYES: Supervisors Johnson, Minnix, Church, Nickens, McNamara
NAYS: None
RESOLUTION 012500-3.c SUPPORTING CONSIDERATION OF
PASSENGER RAIL SERVICE TO HISTORIC OAK RIDGE ESTATE TRAIN
STATION IN NELSON COUNTY, VIRGINIA
WHEREAS, the feasibility of expanded passenger rail service from the
Washington D.C. and Richmond, Virginia areas to Bristol Virginia has been studied and
documented by the Virginia Department of Rail and Public Transportation; and,
WHEREAS, local and statewide support is being established for the
proposed Bristol Passenger Rail Service, or TransDominion Express; and,
WHEREAS, the VDRPT study did not identify or recommend the location of
a passenger station in Nelson County to be served by the TransDominion Express; and,
WHEREAS, the passenger station located at the historic Oak Ridge Estate,
is an ideal location for inclusion as a destination stop of the TransDominion Express; and,
WHEREAS, service to Nelson County via the historic Oak Ridge Train
Station could lead to economic, tourism, environmental and other social benefits for Nelson
January 25, 2000
55
County and its citizens; and,
WHEREAS, on October 12, 1999 the Nelson County Board of Supervisors
adopted a resolution in support of the proposed expanded passenger rail service project;
and,
WHEREAS, the Nelson County Board of Supervisors recognizes the
importance and is unanimously supportive of the establishment of the historic Oak Ridge
Train Station as a destination stop of the TransDominion Express;
NOW, THEREFORE, BE IT RESOLVED that the Roanoke County Board of
Supervisors hereby supports consideration of the historic Oak Ridge Train Station as a
possible destination stop of the proposed Bristol Passenger Rail Service project, or
TransDominion Express; and
BE IT FURTHER RESOLVED, that the Roanoke County Board of
Supervisors hereby encourages and requests the implementation ofthe Bristol Passenger
Rail Service project by the Commonwealth of Virginia, including consideration of historic
Oak Ridge Train Station as a potential depot for the rail passenger service.
On motion of Supervisor Nickens to adopt the resolution, and carried by the
following recorded vote:
AYES: Supervisors Johnson, Minnix, Church, Nickens, McNamara
NAYS: None
RESOLUTION 012500-3.d EXPRESSING THE APPRECIATION OF THE
BOARD OF SUPERVISORS OF ROANOKE COUNTY UPON THE
RETIREMENT OF KENNETH L. HOGAN, PARKS & RECREATION
DEPARTMENT
WHEREAS, Kenneth L. Hogan was first employed by the Roanoke County
on June 1, 1969, as a Dog Warden, and has also served as Chief Animal Control Officer;
and
WHEREAS, Mr. Hogan retired from Roanoke County as a Parks
Maintenance Foreman in the Parks & Recreation Department on November 1, 1999, after
over thirty years of service to the County; and
WHEREAS, while working in Animal Control, Mr. Hogan served as President
of the Virginia Animal Control Association for 11 years; was instrumental in establishing
state training standards for animal control officers throughout Virginia; and in 1991, was
chosen National Animal Control Officer of the Year by the National Animal Control
Association; and
WHEREAS, in his position in Parks and Recreation, Mr. Hogan offered his
unique skills and experience to maintain and upgrade County parks; and supported the
County street sign shop through his exceptional custom sign fabrication ability; and was
committed to the success of all County special events, programs, and construction projects;
and
WHEREAS, Mr. Hogan, 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
56
January 25, 2000
Roanoke County expresses its deepest appreciation and tne appreciation of the citizens
of Roanoke County to KENNETH L. HOGAN for over thirty 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 Johnson, Minnix, Church, Nickens, McNamara
NAYS: None
-
RESOLUTION 012500-3.9 EXPRESSING THE APPRECIATION OF THE
BOARD OF SUPERVISORS OF ROANOKE COUNTY UPON THE
RETIREMENT OF FRANCES B. HAGGERTY, POLICE DEPARTMENT
WHEREAS, Frances B. Haggerty was first employed by Roanoke County
on July 1, 1975, and has held the positions of Deputy, and Police Officer - Criminal
Investigator; and
WHEREAS, Sergeant Haggerty was the first female officer to patrol the
streets of Roanoke County, and the skills and abilities that she demonstrated paved the
way for many others of her gender to follow in her footsteps; and
WHEREAS, Sergeant Haggerty was the County's first Polygraph (lie
detector) examiner and was noted for her skill and ability to use this instrument; and
WHEREAS, Sergeant Haggerty served as a detective for almost twenty
years, and was recognized for her ability to talk to persons who had committed crimes in
such a professional manner that in many cases the investigation was resolved almost
immediately; and
WHEREAS, Sergeant Haggerty retired from Roanoke County on January
1, 2000, as a Police Officer - Sergeant, after more than twenty four years of service; and
WHEREAS, Sergeant Haggerty, 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 FRANCES B. HAGGERTY for over twenty-four 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 Johnson, Minnix, Church, Nickens, McNamara
NAYS: None
INRE:
REPORTS
January 25, 2000
57
Supervisor Nickens moved to receive and file the following reports. The
motion carried by the following recorded vote:
AYES:
Supervisors Johnson, Minnix, Church, Nickens, McNamara
NAYS:
None
1.
General Fund UnaDDroDriated Balance
2.
CaDital Fund UnaDDropriated Balance
3.
Board Continaencv Fund
Future School CaDital Reserve
4.
5.
Revenues and ExDenses for the six month Deriod ended
December.ll.. 1999
6.
ReDort of !;Iaims activity for the Self-Insurance Program.
7.
Accounts Paid: December 1999
8.
Status ReDort on County Proiects
IN RE:
CLOSED MEETING
At 3:15 P.M., Supervisor McNamara moved to go into Closed Meeting
following the work sessions pursuant to the Code of Virginia Section 2.1-344 A(5),
discussion concerning a prospective business or industry where no previous
announcement has been made. The motion carried by the following recorded vote:
AYES:
NAYS:
Supervisors Johnson, Minnix, Church, Nickens, McNamara
None
58
January 25, 2000
-
INRE:
RECESS
Chairman McNamara declared a brief recess at 3:15 p.m.
IN RE:
WORK SESSIONS
1.
Discussion on mid-vear exDenditures and overview of revenue
Droiections for FY99-00 and FYOO-O1. (Brent Robertson. Budaet
Director)
The work session was held from 3:25 p.m. until 4:20 p.m. Mr. Robertson
reviewed the following items: (1 )the proposed 2000-2001 budget calendar, (2) the mid-year
analysis of expenditures with explanations for those departments that were over 50% of
their budget; (3) the 1999-2000 revenue summary as of December 31,1999; and (4) the
preliminary estimated revenue for Fiscal Year 2000-2001, with new revenues estimated to
be $3,870,000. Mr. Robertson described how the human service agencies will be funded
through United Way for the upcoming budget year. Mr. Hodge suggested that a joint work
session be held with the School Board to discuss the capital projects. Supervisor Johnson
recommended that the School Board review their Capital Improvement Program and
update the figures if they are based on the Blue Ribbon Commission estimates which are
several years old. Supervisor McNamara asked for a document that shows all of the
revenue projections. Supervisor Nickens asked for information on the number of new
employees in the County and in the schools that includes documentation of the figures.
Supervisor Minnix suggested that the Board visit the various construction sites during one
of the Board meetings. Mr. Hodge recommended the tour for the February 8, 2000
January 25, 2000
59
meeting.
2.
Prioritization and Schedulinq of future work sessions. CElmer C.
Hodae. County Administrator)
The work session was held from 4:20 p.m. until 4:35 p.m. The following work
sessions were scheduled: (1) Review of goals set in July, 1999 on February 8; (2) Update
on economic development strategy on February 29; (3) Status report on non-standard
refuse collection on March 14; (4) Results of the water and sewer rate studies on March
14; and (4) Consideration of charging for rescue calls on March 14.
~ Work Session on roll-back tax liability on seDarated or sDlIt-off
real estate in the use value real estate assessment Droaram.
(Paul Mahonev. County Attorney)
The work session was held from 4:35 p.m. until 4:40 p.m. It was the
consensus of the Board to rescind the action taken in August, 1999 and to add this item to
New Business at the 7:00 p.m. session. Supervisor Johnson advised that he would make
a motion to rescind the action and asked that certified letters be sent to those affected. Mr.
Mahoney will send letters to the three parties and give them thirty days to respond.
4.
Discussion of Aliah Process and Board Retreat.
The work session was held from 4:40 p.m. to 4:50 p.m.
Chairman
McNamara advised that a letter had been sent to Aliah expressing the Board's
appreciation. The next step is to create focus task groups based on the initiatives. He and
60
January 25, 2000
Mr. Hodge will rneelwllh 5Ghool Board ChaÌlllléUl JellY CClllCldä Cllld 8d luuI3ufJ""ill",IJ","1
Linda Weber on Friday, January 28. Chairman McNamara suggested that each task force
include at least one member from the school staff and one from the County staff, and that
there should be two focus groups on image - external and internal.
5.
Discussion on Economic DeveloDment Strateav
The work session was held from 4:55 p.m. until 5:45 p.m. There was a
general discussion on the value of incentives, and the types of jobs to encourage through
the County's economic development efforts. Economic Development Director David Porter
!-. recommended thata good economic development strategy accomplishes the following: (1)
leverages community resources; (2) creates wealth and prosperity; (3) embraces the future;
and (4) develops the work force. He explained that one of the most important aspects of
economic development was to maintain or grow existing businesses.
EVENING SESSION
IN RE:
CERTIFICATION RESOLUTION
R-Q12500-4
At 7:00 p.m., Supervisor McNamara moved to return to Open Meeting,
announced that the Closed Meeting was held from 5:46 p.m. until 6:25 p.m. and moved to
adopt the Certification Resolution. The motion carried by the following recorded vote:
AYES:
Supervisors Johnson, Minnix, Church, Nickens, McNamara
NAYS:
None
RESOLUTION 012500-4 CERTIFYING THE CLOSED MEETING WAS
January 25, 2000
61
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 2.1-344.1 ofthe Code of Virginia requires a certification
by the Board of Supervisors of Roanoke County, Virginia, that such closed meeting was
conducted in conformity with Virginia law.
NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of
Roanoke County, Virginia, hereby certifies that, to the best of each members knowledge:
1. Only public business matters lawfully exempted from open meeting
requirements by Virginia law were discussed in the closed meeting which this certification
resolution applies, and
2. Only such public business matters as were identified in the motion
convening the closed meeting were heard, discussed or considered by the Board of
Supervisors of Roanoke County, Virginia.
On motion of Supervisor McNamara to adopt the Certification Resolution;
and carried by the following recorded vote:
AYES:
Supervisors Johnson, Minnix, Church, Nickens, McNamara
NAYS:
None
INRE:
NEW BUSINESS
62
January 25, 2000
Su¡.¡t::,vi:>ul CI,ul\.oI'llloved to add the fOIlOvvlng Ne'(, BusiAOS51fEJm. I Acre
was no objection.
1.
Reauest to rescind the administrative aDDlication of roll-back
taxes on seDarated or sDlit-off lots or Darcels of land in the use
value assessment Drogram: aDDroDriate funds from the General
Fund and notify the DroDertv owners.
A-012500-5
Supervisor Minnix moved to remove the administrative application of roll-
back taxes and approve the staff recommendation. The motion carried by the following
recorded vote:
..
AYES:
Supervisors Johnson, Minnix, Church, Nickens, McNamara
NAYS:
None
IN RE:
PUBLIC HEARINGS
1.
Public Hearina and request for approval of resolutions
SuDDortina the TransDortation Eauitv Act for the 21st Century
Grant ADDlications for: (Elmer C. Hodge. County Administrator)
~ Phase II of the Blue Ridae Parkway InterDretive Center.
R-012500-6.a
(b)
Phase! of the Roanoke River Greenwav Proiect
R-012500-6.b
(c)
Viewshed analvsis and acquisition alona Route 785
R-O12500-6.c
January 25, 2000
63
Mr. Hodge advised that in June, 1998, President Clinton signed into law the
Transportation Equity Act for the 21st Century (TEA-21) authorizing highway safety and
other surface transportation programs for the next six years. In Virginia, $18.5 million has
been set aside for transportation enhancement purposes. The County staff has developed
TEA-21 applications for three different projects which qualify in separate transportation
enhancement categories and do not compete against each other.
Economic Development Assistant Director Joyce Waugh described Priority
#1, a grant for the Blue Ridge Parkway Interpretive Center at Virginia's Explore Park,
Phase II, for exhibit fabrication and installation, audio-visual equipment and facilities,
related upfit and landscaping. This application requests $500,000 in TEA-21 funds,
matched by $167,000 in National Park Service and Roanoke County in-kind services and
private donations.
Greenway Coordinator Liz Belcher described Priority #2, a $1.6 million grant
application submitted jointly with the City of Salem for the design and construction of Phase
I of the Roanoke River Greenway, consisting of 7.2 miles in western Roanoke County and
the City of Salem. This application requests $1.6 million in TEA-21 funds, to be matched
by $527,000 in right-of-way donations, in-kind services and capital funds. Roanoke
County's share of the capital funds would be $76,000 over three years or approximately
$25,000 per year. This would fund 20% of the construction cost for the Greenway from
Green Hill Park to the City of Salem. Ms. Belcher advised that the Greenway Commission
looked for locations for the Roanoke River Greenway and recommended the location on
the north side of the river, based on public comments.
Planner Janet Scheid reported on Priority #3, A $500,000 grant application
64
January 25, 2000
to Identify éllld :;d f.II ¡VI ¡tit::::. fa! vit::w::.ln:::J ell E,ð5 alolog 'ý' rgU'I18 t;CCFlIC I:!>Y'l.'Ø,y ~el: (O .. aå
-
(Catawba/Blacksburg Road) and to obtain conservation easements through donation and
purchase. The IRS allows a tax reduction of the land as long as the land remains rural and
is 100% voluntary. This application requests $500,000 in TEA-21 funds, matched by
$500,000 in land donation. No funds would be requested from Roanoke County.
Supervisor Nickens moved to close the public hearing and adopt the three
resolutions. The motion carried by the following recorded vote:
AYES:
Supervisors Johnson, Minnix, Church, Nickens, McNamara
NAYS:
None
RESOLUTION 012500-6.8 SUPPORTING THE TEA-21 GRANT
APPLICATION FOR PHASE II OF THE BLUE RIDGE PARKWAY
INTERPRETIVE CENTER.
WHEREAS, the Transportation Enhancement Actforthe 21 stCentury (TEA-
21) was signed into federal law in June 1998, and
WHEREAS, the Act authorizes $18.5 million a year through 2003 in Virginia
for transportation enhancement, and
WHEREAS, a transportation enhancement grant application has been
submitted by Roanoke County for Phase II of the Blue Ridge Parkway Interpretive Center,
for exhibit fabrication and installation, audio-visual equipment and facilities, related upfit and
landscaping; and
WHEREAS, the purpose of the Interpretive 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 and to
provide tourist information about attractions in the Roanoke Valley and western Virginia,
and
WHEREAS, the grant application requests $500,000 in TEA-21 funds,
matched by $167,000 in National Park Service and Roanoke County in-kind services and
private donations, and
WHEREAS, each grant application must be accompanied by a resolution of
support from the local government by January 31, 2000;
BE IT THEREFORE RESOLVED, that the Board of Supervisors of Roanoke
County supports the TEA-21 grant application for Phase II of the Blue Ridge Parkway
Interpretive Center.
On motion of Supervisor Nickens to adopt the resolution, and carried by the
January 25, 2000
65
following recorded vote:
AYES: Supervisors Johnson, Minnix, Church, Nickens, McNamara
NAYS: None
RESOLUTION 012500-6.b SUPPORTING THE TEA.21 GRANT
APPLICATION FOR PHASE I OF THE ROANOKE RIVER GREENWAY
PROJECT
WHEREAS, the Transportation Enhancement Actforthe 21 st Century (TEA-
21) was signed into federal law in June 1998, and
WHEREAS, the Act authorizes $18.5 million a year through 2003 in Virginia
for transportation enhancement, and
WHEREAS, a transportation enhancement grant application has been
submitted by Roanoke County and the City of Salem for Phase 1 of the Roanoke River
Greenway project, a 7.2 mile section in western Roanoke County and the City of Salem,
and
WHEREAS, the grant application requests $1.6 million in TEA-21 funds,
matched by $527,000 in right-of-way donations, in-kind services and capital funds, and
WHEREAS, Roanoke County's share ofthe capital funds would be $76,000
over three years or approximately $25,000 per year, and
WHEREAS, the Roanoke River Greenway is considered the backbone of the
Roanoke Valley greenway system, and
WHEREAS, each grant application must be accompanied by a resolution of
support from the local government by January 31,2000;
BE IT THEREFORE RESOLVED, that the Board of Supervisors of Roanoke
County supports the TEA-21 grant application for Phase I of the Roanoke River Greenway
project.
On motion of Supervisor Nickens to adopt the resolution, and carried by the
following recorded vote:
AYES: Supervisors Johnson, Minnix, Church, Nickens, McNamara
NAYS: None
RESOLUTION 012500-6.c SUPPORTING THE TEA-21 GRANT
APPLICATION FOR VIEWSHED ANALYSIS AND ACQUISITION ALONG
RT.785.
WHEREAS, the Transportation EnhancementActforthe 21 st Century (TEA-
21) was signed into federal law in June 1998, and
WHEREAS, the Act authorizes $18.5 million a year through 2003 in Virginia
for transportation enhancement, and
WHEREAS, a transportation enhancement grant application has been
submitted by Roanoke County to identify, prioritize and obtain conservation easements
through purchase or donation on viewshed areas along Virginia Scenic Byway Route 785
(Catawba/Blacksburg Road) in Roanoke County, and
WHEREAS, the grant application requests $500,000 in TEA-21 funds,
66
January 25, 2000
IlIèltl;I..,:d Ly $566,OGO ill 1c:1I1J Julldtioll ..ith no ftJncls being r€f tJC5tcf:! ffom ReSRelEC
County, and
,-
WHEREAS, each grant application must be accompanied by a resolution of
support from the local government by January 31, 2000;
BE IT THEREFORE RESOLVED, that the Board of Supervisors of Roanoke
County supports the TEA-21 grant application for viewshed analysis and acquisition along
Rt. 785.
On motion of Supervisor Nickens to adopt the resolution, and carried by the
following recorded vote:
AYES: Supervisors Johnson, Minnix, Church, Nickens, McNamara
NAYS: None
INRE:
PUBLIC HEARINGS AND SECOND READING OF ORDINANCES
1.
Second readina of ordinance to vacate an undeveloDed Dortion
2f the 40 foot wide Oak Street riaht-of-wav located between
Hiahland Road and Eastland Road in the Vinton Maaisterial
District UDon the Detition of Michael and Linda ClinqenDeel and
Dennis and Maxine Musselman. (Terry Harrinaton. County
Planner)
0-012500-7
Community Development Director Arnold Covey advised that there were no
changes to the ordinance since the first reading. There was no discussion and no citizens
to speak.
Supervisor Nickens moved to adopt the ordinance. The motion carried by
the following recorded vote:
AYES:
Supervisors Johnson, Minnix, Church, Nickens, McNamara
NAYS:
None
ORDINANCE 012500-7 VACATING AND CLOSING AN UNIMPROVED
AND UNUSED RIGHT-OF-WAY KNOWN AS OAK STREET IN
RIVERDALE SUBDIVISION SHOWN IN PLAT BOOK2, PAGE 83%, AND
January 25, 2000
67
DEDICATED TO THE PUBLIC IN DEED RECORDED IN DEED BOOK
855, PAGE 632.
WHEREAS, Petitioner Linda T. Clingenpeel is the owner of a parcel of land
adjacent to Oak Street, being part of Lot 1, Section 25, shown on 'Map of the Easterly
Portion of Riverdale,' recorded in the Clerk's Office ofthe Circuit Court of Roanoke County,
Virginia, in Plat Book 2, Page 83%, said parcel being designated on the Roanoke County
Land Records as Tax Map #70.04-2-57; and,
WHEREAS, Petitioners Michael Harold & Linda T. Clingenpeel are the
owners of a parcel of land adjacent to Oak Street, being the major portion of Lot 10,
Section 13, shown on 'Map of the Easterly Portion of Riverdale,' recorded in the aforesaid
Clerk's Office in Plat Book 2, Page 83%, said parcel being designated on the Roanoke
County Land Records as Tax Map #70.04-2-58; and,
WHEREAS, Petitioners Dennis A. & Maxine C. Musselman are the owners
of a parcel of land adjacent to Oak Street, being the eastern % of Lot 11, Section 13, shown
on 'Map of the Easterly Portion of Riverdale,' recorded in the aforesaid Clerk's Office in Plat
Book 2, Page 83%, said parcel being designated on the Roanoke County Land Records
as Tax Map #70.04-2-14; and,
WHEREAS, the Petitioners have requested that the Board of Supervisors
of Roanoke County, Virginia, vacate and close Oak Street, which is an unimproved, unused
right-of-way, measuring 40' in width and approximately 913.30' in length, extending from
Highland Road to Eastland Road, being shown and created on the plat entitled 'Map of the
Easterly Portion of Riverdale' recorded as aforesaid in Plat Book 2, Page 83%, and being
designated on the Roanoke County Land Records as Tax Map #70.04-2-67; and,
WHEREAS, all of the streets, avenues, roads and alleys shown on the plat
of Riverdale, recorded in Plat Book 2, Page 83 and 83%, including Oak Street, were
dedicated to the public by Deed of Release and Dedication dated June 24, 1968, from
Benjamin E. Chapman, Special Receiver of Riverdale Farm Corporation, recorded in the
aforesaid Clerk's Office in Deed Book 855, page 632; 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 ofthis ordinance was held on January
11, 2000; the public hearing and second reading of this ordinance was held on January 25,
2000.
NOW THEREFORE, BE IT ORDAINED by the Board of Supervisors of
Roanoke County, Virginia, as follows:
1. That an unimproved, unused right-of-way, situate in the Vinton
Magisterial District and known as Oak Street, measuring 40' in width and approximately
920' in length, extending from Highland Road to Eastland Road as shown and created on
the plat entitled 'Map of the Easterly Portion of Riverdale' recorded as aforesaid in Plat
Book 2, Page 83%, and designated on the Roanoke County Land Records as Tax Map
#70.04-2-67, said right-of-way having been dedicated to the public by Deed of Release and
Dedication dated June 24, 1968, and recorded in the aforesaid Clerk's Office in Deed Book
68
January 25, 2000
S!S!S, page ð3.2, be, alld lleleby b, v(;I<';(;Iltjd (;I11l! ....Iv<o.,l! ¡JUI<OUdllt tv 3eGtiol,1:;.Z ZZ7Z of the
Code of Virginia (1950, as amended), subject to the following conditions:
1. That a perpetual public utility easement, forty feet (40') in width
and approximately 920' in length, extending from Highland
Road to Eastland Road, together with the right of ingress and
egress thereto from a public road, is hereby reserved and
retained. The location of said easement is shown highlighted
and designated as "AREA TO BE VACATED" on the 'Map
Showing Area To Be Vacated Tax Map No. 70.04-2-67'
attached hereto as Exhibit A and made a part hereof.
i=
2.
That fee simple title to Oak Street shall vest in the owners of
the abutting properties as provided in §15.2-2274 of the Code
of Virginia (1950, as amended), subject to the above-described
public utility easement and subject to the condition that the
vacated area of land shall be added and combined, by deed or
by plat, to said abutting properties, in compliance with the
Roanoke County Subdivision and Zoning Ordinances, and
other applicable laws and regulations.
"t.
c.
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 Nickens to adopt the ordinance, and carried by the
following recorded vote:
AYES: Supervisors Johnson, Minnix, Church, Nickens, McNamara
NAYS: None
2.
Second readina Qf ordinance to vacate an undeveloDed Dortion
Qf the 50 foot wide Goff Road right-of-way located it the
intersection Qf Enon Drive in North County in the Hollins
Maaisterial District UDon the Detition of Alya and Mvrtle Pullen
January 25, 2000
69
and Maraaret CamDer. ~ Harrinaton. County Planner)
0-012500-8
Mr. Covey advised that at the first reading of this ordinance on January 11,
the Board requested information on the possible need for this right-of-way in conjunction
with the development of the adjacent 40 acre tract for commercial or industrial purposes.
The adjacent property was rezoned to C-2 Conditional in 1990. Staff has reviewed the
access options for this tract, and has concluded that the right-of-way proposed for vacation
is not necessary or desirable as a point of future vehicular access to this site. The
desirable access would be an extension of Friendship Lane to the property and/or direct
access from Carvins Street.
Supervisor Johnson moved to adopt the ordinance. The motion carried by
the following recorded vote:
AYES:
Supervisors Johnson, Minnix, Church, Nickens, McNamara
NAYS:
None
ORDINANCE 012500-8 VACATING AND CLOSING AN UNIMPROVED
AND UNUSED PORTION OF 50' RIGHT-OF-WAY KNOWN AS GOFF
ROAD LYING BETWEEN LOT 2, BLOCK 11 (TAX MAP #18.17-3-3), AND
LOT 1, BLOCK 14 (TAX MAP #27.06-1-1), IN SECTION NO.1, NORTH
BURLINGTON HEIGHTS SUBDIVISION SHOWN IN PLAT BOOK 3,
PAGE 57
WHEREAS, Petitioner Margaret H. Camper is the owner of a parcel of land
adjacent to a portion of Goff Road, said parcel being Lot 2, Block 11, of 'Map Showing
Section No.1, North Burlington Heights' recorded in the Clerk's Office of the Circuit Court
of Roanoke County, Virginia, in Plat Book 3, page 57, and designated on the Roanoke
County Land Records as Tax Map #18.17-3-3; and,
WHEREAS, Petitioners Alva F. & Myrtle W. Pullen are the owners of a parcel
of land adjacent to a portion of Goff Road, said parcel being Lot 1, Block 14, of 'Map
Showing Section No.1, North Burlington Heights' recorded in the aforesaid Clerk's Office
70
January 25, 2000
ill 1"1,,[ Buul\ 3, J"~'" 57, "lid J",::>i\: lIdted 010 ti,e I {o8nol(e LJOI:JRty LaRa I tÐeeras as I ax 1""Ð 3
#27.06-1-1; and,
WHEREAS, the Petitioners have requested that the Board of Supervisors
of Roanoke County, Virginia, vacate and close the portion of Goff Road lying between the
above-described lots, which is an unimproved, unused right-of-way, measuring 50' in width
and approximately 250' in length, extending northeasterly from Enon Drive (Route 1806)
between Lot 2, Block 11, and Lot 1, Block 14, of Section No.1, North Burlington Heights
Subdivision, being shown and created on the plat entitled 'Map Showing Section No.1,
North Burlington Heights' recorded in the aforesaid Clerk's Office in Plat Book 3, page 57;
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 ofthis ordinance was held on January
11, 2000; the public hearing and second reading of this ordinance was held on January 25,
2000.
NOW THEREFORE, BE IT ORDAINED by the Board of Supervisors of
Roanoke County, Virginia, as follows:
1. That an unimproved, unused right-of-way, situate in the Hollins
Magisterial District and known as a portion of Goff Road, measuring 50' in width and
approximately 250' in length, extending northeasterly from Enon Drive (Route 1806)
between Lot 2, Block 11 (Tax Map #18.17-3-3) and Lot 1, Block 14 (Tax Map #27.06-1-1),
of Section No.1, North Burlington Heights Subdivision, being shown and created on the
plat entitled 'Map Showing Section No.1, North Burlington Heights' recorded in the
aforesaid Clerk's Office in Plat Book 3, page 57, and further shown and designated as
"RIGHT-OF-WAY TO BE VACATED (.32 Ac.)" on Exhibit A attached hereto and
incorporated herein, be, and hereby is, vacated and closed to the extent that any public or
County interest may exist, pursuant to Section 15.2-2272 of the Code of Virginia (1950, as
amended), subject to the following conditions:
1. That a perpetuai water and sewer easement, public utility
easement, and public access trail and greenway easement,
fifty feet (50') in width, and extending northeasterly from Enon
Drive (Route 1806) between Lot 2, Block 11 (Tax Map #18.17-
3-3) and Lot 1, Block 14 (Tax Map #27.06-1-1), of Section No.
1, North Burlington Heights Subdivision, a distance of
approximately 250 feet, to construct, install, improve, operate,
inspect, use, maintain, remove, monitor, repair or replace
present or future public access trail(s) and water, sewer, or
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.
The location of said easement is shown and designated as
"RIGHT OF WAY TO BE VACATED (.32 Ac.)" on the 'Map
January 25, 2000
71
Showing Right-of-Way To Be Vacated Between Tax Map No.
18.17-3-3 & 27.06-1-1,' prepared by the Roanoke County
Department of Community Development, attached hereto as
Exhibit A and made a part hereof.
2.
That fee simple title to the subject portion of Goff Road shall
vest as provided by law, subject to the above-described
easements reserved in subparagraph a. above and subject to
the condition that the vacated area of land shall be added and
combined, by deed or by plat, to abutting properties, in
compliance with the Roanoke County Subdivision and Zoning
Ordinances, and other applicable laws and regulations.
c.
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 ofthe
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 Johnson to adopt the ordinance, and carried by the
following recorded vote:
AYES: Supervisors Johnson, Minnix, Church, Nickens, McNamara
NAYS: None
IN RE:
CITIZENS' COMMENTS AND COMMUNICATIONS
James Garris. 310BD Honevwood Lane announced that the Roanoke
Jaycee's will be presenting Distinguished Service Awards for the Young Man and Young
Woman Citizen of the year, and the Firefighter and Police Officer of the Year. The
nominations will close on February 1st and the award will be made on April 10th. He
encouraged the County to nominate individuals for these awards.
72
January 25, 2000
INRE:
REPORTS AND INQUIRIES OF BOARD MEMBERS
SuDervisor Johnson advised that the Board spent the weekend attending
a retreat and one of the issues that was discussed was the County's Quality of Life. He
also announced that he was a member of the Competitiveness Committee and one of their
major items was education, but not bricks and mortar. He noted that the County has fallen
behind in providing for teachers and recommended that this be a priority in the budget.
SuDervisor Minnix: (1) He announced that he enjoyed the opportunity to
meet with the School Board and staff from both organizations. He noted that it will require
work to accomplish the initiatives. (2) He advised that he will not be able to attend the
School Board meeting on Thursday, January 27.
SuDervisor Church: (1) He advised that he concurred with the other Board
members about the joint retreat. There was positive input from a variety of people and he
hoped that the process would move forward and break down barriers. (2) He also has a
conflict for the School Board meeting on January 27, and may not be able to attend. (3)
He reminded the citizens that the census forms will be mailed soon and encouraged them
to take the time to fill them out because federal and state funding is based on the results
of the census.
SuDervisorNickens: He noted that the Board had the right ingredients from
the retreat and just need to "stir it and make it palatable for everyone."
SuDervisor McNamara: (1) He reported that the School Board met with the
Construction Committee and the architects on January 19th to discuss the Glenvar Middle
School. There was not a lot of details but the process has moved forward. The School
January 25, 2000
73
==;
Board will meet on January 27 to identify their priorities and requirements for construction
of the Glenvar Middle School, and there is a commitment from the Board of Supervisors
to fund the requirements. (2) He advised that the schools have almost completed Phase
I and will start re-evaluating Phase 2 of the school construction projects. (3) He thanked
the Aliah Group for their work on the retreat. The Board of Supervisors now has the
beginning of an action plan but do not have any results yet. (4) He explained that there
were five different groups at the retreat, each one made up of a School Board member, a
Supervisor, and school and County staff.
IN RE:
ADJOURNMENT
At 8:00 p.m., Chairman McNamara moved to adjourn to January 27, 2000,
at 7:00 p.m. to attend a School Board meeting. The motion carried by the following
recorded vote:
AYES:
Supervisors Johnson, Minnix, Church, Nickens, McNamara
NAYS:
None
Submitted by,
Approved by,
~~
Mary H. Allen, CMC/AAE
Clerk to the Board
~
74
January 25, 2000
¡;;:;:::
This ~ left intentionallv blank