HomeMy WebLinkAbout3/28/2000 - Regular
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March 28, 2000
153
Roanoke County Administration Center
5204 Bernard Drive
Roanoke, Virginia 24018
March 28, 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 March 2000.
IN RE:
CALL TO ORDER
Chairman McNamara called the meeting to order at 3:05 p.m. The roll call
was taken.
MEMBERS PRESENT:
Chairman Joseph McNamara, Vice Chairman H. Odell "Fuzzy"
Minnix, Supervisors Joseph B. "Butch" Church
Supervisors Bob L. Johnson, Harry C. Nickens
MEMBERS ABSENT:
STAFF PRESENT:
Elmer C. Hodge, County Administrator; Paul M. Mahoney,
County Attorney; Brenda J. Holton, Deputy Clerk to the Board;
John M. Chambliss, Assistant County Administrator, Anne
Marie Green, Community Relations
IN RE:
OPENING CEREMONIES
The invocation was given by Reverend Everett L. Kier, Salem Baptist Church.
The Pledge of Allegiance was recited by all present.
IN RE:
REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF
AGENDA ITEMS
Mr. Hodge added an update under briefings from Board Clerk Mary Allen on
the March through Time celebration at Tanglewood Mall. (2) Mr. Mahoney added an item
to the Closed Meeting pursuant to Code of Virginia Section 2.1-344 A (5) discussion
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March 28, 2000
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IN RE:
PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND AWARDS
1.
Certificate of Recoanition to Barry Crawford. Virainia DeDartment
of Forestry. for his work with Roanoke Countv since 1967.
Chairman McNamara and Fire & Rescue Chief Rick Burch presented the
certificate to Mr. Crawford. Mr. Ted Gardner, Virginia Department of Forestry, and several
County Fire & Rescue personnel who worked with Mr. Crawford, were present.
IN RE:
BRIEFINGS
1.
Briefina on Project ImDact. (Anne Marie Green. Communitv
Relations Director)
Ms. Green briefed the Board about Project Impact, a regional initiative of four
local governments and the Federal Emergency Management Agency which is designed to
lessen the impact of emergencies by planning ahead. The Roanoke Valley was the first
in the state to receive this designation with a grant for $50,000 from FEMA. She showed
a video created by Roanoke Valley Television showing scenes from the 1985 Flood in this
area. Ms. Maureen Casteen, Project Impact Coordinator, updated the Board on the various
events planned for the rest of the year, and advised that they are preparing a power point
presentation and speakers' bureau.
Supervisor Church advised that he knew a neighborhood group that would
like to have a Project Impact presentation made, and Ms. Green advised that she would
put him in in touch with Project Impact officials.
~
UDdate on March Throuah Time Celebration at Tanalewood Mall.
March 28, 2000
155
(Ma~ Allen. Ole. k to the Board)
Ms. Allen advised that the March Through Time celebration was one of the
County's 2YK events and highlighted the history of this area from 1800 up until the present.
It was held on March 25, 26, and 27 at Tanglewood Mall, and was co-sponsored by the
County, Tanglewood Mall, and WSLS Newschannel 10. She thanked Channel 10,
Roanoke Valley Television and Cox Cable for donating air time for the event. She
expressed appreciation to and named the participating exhibitors and groups providing
entertainment. She advised that 24 County employees volunteered their time forthe event,
and she expressed appreciation to them and special thanks to Eddie Ford, David Ford, and
Scott Canfield, from the County Parks & Recreation Department, and Brenda Holton, Board
Deputy Clerk. She advised the Board on the upcoming events for the County's Celebrate
2000 which include: Air Balloon Festival, June 9 and 10; Future Technology and Expo
Show, October 27 - 29; and Independence Day Celebration July 4, 2000.
Supervisor Church advised that he attended the event and thought it was a
great success. Supervisor McNamara expressed appreciation to Ms. Allen and the County
volunteers who dedicated their time at the event.
IN RE:
NEW BUSINESS
1.
Reauest for aDDroval of the Roanoke Vallev Reaional Cable
Television 2000-2001 budaet. (Anne Marie Green. Communitv
Relations Director)
A-032800-1
Ms. Green advised that the County, the City of Roanoke, and the Town of
Vinton jointly operate Roanoke Valley Television (RVTV) which is governed by the
Roanoke Valley Cable Television Committee. The operational budget for the RVTV is
provided by these three governments, and they have informally agreed to provide up to
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March 28, 2000
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During the past year, the video production at the studio increased 13%, cable casting of
meetings increased by 15% and the average hours of programming per month increased
by 14%. The budget has increased by 15% due to the Cable Committee's desire to provide
closed captioning for Council and Board meetings at an estimated costof$24,405 annually.
She advised that since the RVTV staff is carried on the County's payroll, 3.3% was used
in the calculations for a salary increase, but the actual figure will reflect the amount
approved by the Board of Supervisors for all employees. The total RVTV budget request
is for $259,078 and the County's share is 39%, or $101,040, an increase of $12,867 over
last year's budget. The total franchise fee paid by Cox to the County last year was
$585,000 and 20% of that is $117,000, or $16,000 more than this budget request, and this
figure will be more after Cox increases fees by 5%. She asked for approval of the RVTV
budget.
In response to Supervisor McNamara's inquiry if approval of the budget
- should be postponed due to not having the final figures, Ms. Green advised that the
Board's approval is still subject to the final numbers concerning Virginia Retirement
System, health insurance and salaries which will be furnished by the Finance Department.
Mr. Hodge requested that the budget be approved at this session. Ms. Green advised that
Supervisor Nickens, who was absent, was a member of the Cable Committee and had
reviewed the budget and had no objection to its approval at this meeting.
Supervisor Minnix moved to approve the budget. The motion carried by the
following recorded vote:
AYES:
NAYS:
Supervisors Minnix, Church, McNamara
None
ABSENT:
Supervisors Johnson, Nickens
March 28, 2000
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IN RI::
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REZONING ORDINANCES - CONSENT AGENDA
Supervisor Church moved to approve the first reading and set the second
reading and public hearing for April 25, 2000. The motion carried by the following recorded
vote:
AYES:
NAYS:
Supervisors Minnix, Church, McNamara
None
ABSENT:
Supervisors Johnson, Nickens
1.
First readina of ordinance to amend the 1998 Communitv Plan
and Land Use MaD to adoDt a new future land use maD for Dixie
Caverns (exit 132) and Hanaina Rock (exit 141) 1-81 interchanae
areas. and the incorDoration of develoDment auidelines for these
areas.
IN RE:
FIRST READING OF ORDINANCES
1.
First readina of ordinance authorizina the acQuisition of
necessary easements to construct the Montclair Water Line
Extension Proiect. (Gary Robertson. Utilitv Director)
Mr. Robertson advised that the Montclair Water Line Extension Project will
provide Spring Hollow water at a higher pressure to the Montclair subdivision, which is
currently supplied by Roanoke City. This project will provide an additional inter-connection
with Roanoke City and requires acquisition of four separate easements crossing three
properties at a cost of $81,200. He advised that two of the properties belong to the County
School Board and two are owned by private residents, and that the property owners have
accepted the amounts offered which according to County policy is 40% of the accessed
land value. Mr. Robertson requested approval of the first reading of this ordinance. There
was no discussion.
Supervisor Church moved to approve the first reading and set the second
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March 28, 2000
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AYES:
NAYS:
ABSENT:
IN RE:
0-032800-2
1=
Supervisors Minnix, Church, McNamara
None
Supervisors Johnson, Nickens
SECOND READING OF ORDINANCES
1.
Second readin9 of ordinance extendina the current franchise
a9reement with AdelDhia (Salem) Cable for ninetv days. (JoseDh
B. Obenshain. Senior Assistant Countv Attornev)
Mr. Mahoney advised that there have been no changes to the ordinance since
the first reading. The extension is for another ninety days, and negotiations for a new
franchise are expected to be completed within that period. He advised that Supervisors
Nickens and Church are members of the negotiating committee and asked for approval of
the ordinance. There was no discussion.
Supervisor Church moved to adopt the ordinance. The motion carried by the
following recorded vote:
AYES:
NAYS:
ABSENT:
Supervisors Minnix, Church, McNamara
None
Supervisors Johnson, Nickens
ORDINANCE 032800-2 EXTENDING THE FRANCHISE OF
BLACKS BURG/SALEM CABLEVISION , INC. D/B/A SALEM CABLE TV
TO OPERATE A CABLE TELEVISION SYSTEM IN ROANOKE COUNTY
FOR A PERIOD OF 90 DAYS
WHEREAS, Blacksburg/Salem Cablevision, d/b/a Salem Cable TV, a wholly
owned subsidiary of Adelphia Communications Corporation, currently holds a franchise
granted by the Board of Supervisors of Roanoke County, Virginia, to operate a cable
television system within portions of Roanoke County which franchise expired on October
4, 1999, and was extended for a period of ninety (90) days by action of the Board of
Supervisors on September 28, 1999, and an additional ninety (90) days by action of the
March 28, 2000
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- WHEREAS, negotiations are currently underway between Blacksburg/Salem
Cablevision, Inc., d/b/a Salem Cable TV, and the County of Roanoke for the renewal of this
franchise agreement, which negotiations may not be concluded sufficiently prior to such
date to permit adoption of a new franchise agreement by the Board of Supervisors of
the County of Roanoke prior to the expiration of the current franchise agreement on or
about April 1, 2000; and
WHEREAS, Blacksburg/Salem Cablevision, Inc., d/b/a Salem Cable TV, is
prohibited by federal law from operating a cable television system within any jurisdiction
without a franchise agreement or extension as defined by federal law; and
WHEREAS, the first reading of this ordinance was held on March 14, 2000,
and the second reading of this ordinance was held on March 28, 2000.
BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia,
as follows:
1. That in order to permit Blacksburg/Salem Cablevision, Inc., d/b/a
Salem Cable TV, to continue to operate a cable television franchise within the territorial
limits of Roanoke County, Virginia, after April 1, 2000, and to prevent any interruption of
cable television services to customers of Salem Cable TV, the franchise of Blacksburg/
Salem Cablevision, Inc., d/b/a Salem Cable TV, for the operation of a cable television
system within Roanoke County, Virginia, is hereby extended for a period of ninety (90) days
beginning at 12:00, midnight, on April 1, 2000, under the same terms and conditions as
contained in the existing franchise agreement originally granted by the Board of
Supervisors of Roanoke County, Virginia, to Booth American Company, d/b/a Salem Cable
TV, in October, 1994, and subsequently transferred to Blacksburg/Salem Cablevision, Inc.,
d/b/a Salem Cable TV, as of April, 1997.
2. This ordinance shall be in full force and effect from its passage.
On motion of Supervisor Church to adopt the ordinance, and carried by the
following recorded vote:
AYES: Supervisors Minnix, Church, McNamara
NAYS: None
ABSENT: Supervisors Johnson, Nickens
IN RE:
APPOINTMENTS
1.
Leaaue of Older Americans. Advisory Council
Supervisor McNamara nominated Steven Harrah to serve a one year term
beginning March 31, 2000.
IN RE:
CONSENT AGENDA
R-032800-3: R-O32800-3.b: R-O32800-3.c
Supervisor McNamara moved to adopt the Consent Resolution. The motion
carried by the following recorded vote:
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March 28, 2000
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NAYS:
None
RESOLUTION 032800-3 APPROVING AND CONCURRING
IN CERTAIN ITEMS SET FORTH ON THE BOARD OF
SUPERVISORS AGENDA FOR THIS DATE DESIGNATED
AS ITEM - J CONSENT AGENDA
as follows:
BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia,
1. That the certain section of the agenda of the Board of Supervisors for
March 28, 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
3, inclusive, as follows:
1. Request from Schools for approval of $30,000 grant from
Carilion Community Health Fund for two part-time school
nurses at Northside and William Byrd High Schools.
3.
Request for approval of resolutions of appreciation upon the
retirements of Janet Y. Camden, Sheriffs Office, and Jack A.
Camden, Jr., Police Department.
Acceptance of a donation of a variable width sight easement
across a parcel of land owned by Russell T. and Barbara H.
Shores, located at the intersection of Lakedale Road and
Highfields Road, Windsor Hills Magisterial District.
2.
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 McNamara to adopt the Consent Resolution, and
carried by the following recorded vote:
AYES: Supervisors Minnix, Church, McNamara
NAYS: None
ABSENT: Supervisors Johnson, Nickens
RESOLUTION 032800-3.b EXPRESSING THE APPRECIATION OF THE
BOARD OF SUPERVISORS OF ROANOKE COUNTY UPON THE
RETIREMENT OF JANET Y. CAMDEN, SHERIFF'S OFFICE
WHEREAS, Janet Y. Camden was first employed by Roanoke County on
February 1, 1974, as a dispatcher with the Sheriffs Officei and has also held the positions
of Lead Dispatcher and Corrections Records Clerk - Jail; and
WHEREAS, Deputy Camden retired from Roanoke County on September
1,1999, as an Inmate Records Supervisor with the Sheriffs Office, after more than twenty-
five years of service; and
WHEREAS, Deputy Camden was extremely professional and proficient in
her duties when interacting with the courts, Department of Corrections, and other
governmental agencies in regards to inmate record keeping; and
March 28, 2000
161
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keeping abilities; and
WHEREAS, Deputy Camden, 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 JANET Y. CAMDEN for over twenty-five 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 McNamara to adopt the resolution, and carried by
the following recorded vote:
AYES: Supervisors Minnix, Church, McNamara
NAYS: None
ABSENT: Supervisors Johnson, Nickens
RESOLUTION 032800-3.c EXPRESSING THE APPRECIATION OF THE
BOARD OF SUPERVISORS OF ROANOKE COUNTY UPON THE
RETIREMENT OF JACK A. CAMDEN, JR., POLICE DEPARTMENT
WHEREAS, Jack A. Camden, Jr. was first employed by Roanoke County on
December 1 , 1973, as a Deputy Sheriff; was promoted to detective in 1976; returned to the
Uniform Division in 1986 as a Corporal; and was promoted to Sergeant in 1989; and
WHEREAS, Sergeant Camden was one ofthe original members ofthe Police
Department which was established in 1990; and
WHEREAS, Sergeant Camden retired from Roanoke County on January 1,
2000, as a Police Officer - Sergeant, after more than twenty-six years of service; and
WHEREAS, Sergeant Camden was known for his "laid back, calming" attitude
which was an asset when dealing with potentially volatile situations faced by police officers
almost every day; and
WHEREAS, Sergeant Camden was respected by his co-workers and enjoyed
assisting newer police officers with the basics of police work; and
WHEREAS, Sergeant Camden, 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 JACK A. CAMDEN, JR. for more than twenty six 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 McNamara to adopt the resolution, and carried by
the following recorded vote:
AYES: Supervisors Minnix, Church, McNamara
NAYS: None
ABSENT: Supervisors Johnson, Nickens
INRE:
CITIZENS' COMMENTS AND COMMUNICATIONS
Nancv Huahes, spoke of her concerns about school safety, funding for
162
March 28, 2000
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planning and vision.
IN RE:
REPORTS
Supervisor Minnix moved to receive and file the following reports. The motion
carried by a unanimous voice vote with Supervisors Johnson and Nickens absent.
1.
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INRE:
General Fund UnaDDroDriated Balance
Capital Fund UnaDDroDriated Balance
Board Continaencv Fund
Future School CaDital Reserve
Accounts Daid . February. 2000
Project Status ReDorts
L.
Notice of DostDonement of VDOT Salem District Preallocation
Public Hearina
~
Revenues and EXDenditures for the 8 month Deriod ended
February 29. 2000.
CLOSED MEETING
At 4:00 p.m., Supervisor McNamara moved to go into Closed Meeting
pursuant to Code of Virginia Section 2.1-344 A (7) Legal, consultation with legal counsel,
regarding specific legal matter requiring the provision of legal advice, namely contract with
Advance Auto; and 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 Minnix, Church, McNamara
None
March 28, 2000
163
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IN RE:
R-032800-4
CERTIFICATION RESOLUTION
At 7:03 p.m., Supervisor Minnix announced that the Closed Meeting was held
from 4:00 p.m. until 5:25 p.m., and moved to return to open session and adopt the
Certification Resolution. The motion carried by the following recorded vote:
AYES:
NAYS:
Supervisors Minnix, Church, McNamara
None
ABSENT:
Supervisors Johnson, Nickens
RESOLUTION 032800-4 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 2.1-344.1 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 Minnix to adopt the Certification Resolution; and
carried by the following recorded vote:
AYES: Supervisors Minnix, Church, McNamara
NAYS: None
ABSENT: Supervisors Johnson, Nickens
INRE:
CHANGE IN AGENDA
Chairman McNamara advised that the Board members have agreed to
change the agenda and hold the public hearings and second readings first. After these
164
March 28, 2000
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INRE:
PUBLIC HEARINGS AND SECOND READING OF ORDINANCES
1.
Second reading of ordinance to obtain a SDecial Use Permit to
construct an ice cream Darlor. located in the 6400 block of
Williamson Road. Hollins Maaisterial District. UDon the Detition
of Reaal. Inc. (Terry Harrinaton. Countv Planner)
0-032800-5
Mr. Mahoney advised that this is a request to obtain a special use permit to
construct an ice cream parlor and that the Planning Commission recommended approval
with one condition. Mr. Mike Ferguson, attorney, appeared on behalf of Ed Natt, attorney
for the petitioner, and advised that this will be a walk up type ice cream store with no drive
through or curb service to vehicles. He reported that Shenandoah Baptist Church, which
is located behind the property, believes that this will serve as a buffer between the church
and the highway. In response to a question, Mr. Ferguson advised that the store hours will
be 11 a.m. until 1 0 p.m. There were no citizens present to speak on this issue.
Supervisor Minnix moved to adopt the ordinance. The motion carried by the
following recorded vote:
AYES:
NAYS:
Supervisors Minnix, Church, McNamara
None
ABSENT:
Supervisors Johnson, Nickens
ORDINANCE 032800-5 GRANTING A SPECIAL USE PERMIT TO REGAL,
INC. TO CONSTRUCT AN ICE CREAM PARLOR TO BE LOCATED IN
THE 6400 BLOCK OF WILLIAMSON ROAD (TAX MAP NO. 38.06-7-1),
HOLLINS MAGISTERIAL DISTRICT
WHEREAS, Regal Inc. has filed a petition for a special use permit to
construct an ice cream parlor to be located in the 6400 block of Williamson Road (Tax
Map No. 38.06-7-1) in the Hollins Magisterial District; and
WHEREAS, the Planning Commission held a public hearing on this matter
March 28, 2000
165
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WHEREAS, the Board of Supervisors ofRoanoke County, Virginia, held a first
reading on this matter on February 29, 2000; the second reading and public hearing on this
matter was held on March 28, 2000.
NOW, THEREFORE BE IT ORDAINED by the Board of Supervisors of
Roanoke County, Virginia, as follows:
1. That the Board finds that the granting ofa special use permit to Regal,
Inc. to construct an ice cream parlor to be located in the 6400 block of Williamson Road
(Tax Map No. 38.06-7-1) in the Hollins Magisterial District is substantially in accord with
the adopted 1999 Community Plan pursuant to the provisions of § 15,2-2232 of the 1950
Code of Virginia, as amended, and said Special Use Permit is hereby approved with the
following condition:
(1)
The property will be developed in substantial conformity with
the Preliminary Plan of Bruster's Ice Cream, prepared for Gary
and Rebecca Lierman dated January 17, 2000; said plan
prepared by Lumsden Associates, PC; and the dumpster shall
be located on the south property line outside of the limits of the
FEMA floodway.
2. That this ordinance shall be in full force and effect thirty (30) days after
its final passage. All ordinances or parts of ordinances in conflict with the provisions of this
ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed
to amend the zoning district map to reflect the change in zoning classification authorized
by this ordinance.
On motion of Supervisor Minnix to adopt the ordinance, and carried by the
following recorded vote:
AYES: Supervisors Minnix, Church, McNamara
NAYS: None
ABSENT: Supervisors Johnson, Nickens
~
Second readina of an ordinance to vacate a 10' Drivate
greensDace easement located between lots 3 and 4 in Section 3
of the Lilies of the Garden. located in the Cave SDrina Maaisterial
District UDon the Detition of Strauss Construction CorDoration.
(Terry Harrinaton. Countv Planner)
0-032800-6
Mr. Harrington advised that the petitioner is requesting the vacation of a 10
foot private greenspace easement, and as a result of Board comments at the first reading,
the staff notified approximately 150 property owners within the Gardens of Cotton Hill of
this vacation request. These property owners were invited to attend this public hearing, but
166
March 28, 2000
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citizens present to speak on this issue.
Supervisor Minnix moved to adopt the ordinance. The motion carried by the
following recorded vote:
AYES:
NAYS:
Supervisors Minnix, Church, McNamara
None
ABSENT:
Supervisors Johnson, Nickens
ORDINANCE 032800-6 AUTHORIZING THE VACATION OF A 10'
GREENSPACE EASEMENT LOCATED ALONG THE BOUNDARY LINE
BETWEEN LOTS 3 AND 4 IN SECTION 3 OF THE LILIES OF THE
GARDEN, IN THE CAVE SPRING MAGISTERIAL DISTRICT UPON THE
PETITION OF STRAUSS CONSTRUCTION CORPORATION
WHEREAS, by subdivision plat entitled 'PLAT OF SUBDIVISION FOR
STRAUSS CONSTRUCTION CORPORATION CREATING HEREON SECTION NO.3,
"LILIES OFTHE GARDENS" BEINGASUBDIVISION OFTAX#96.02-1-45.1,' dated March
27, 1996, and recorded in the Clerk's Office of the Circuit Court of Roanoke County,
Virginia, in Plat Book 18, page 143, a ten-foot (10') private greenspace easement,
extending from Cotton Hill Road to Chagall Drive, was created and shown along the
boundary line between Lot 3 (Tax Map #96.07-8-3) and Lot 4 (Tax Map #96.07-8-4); and,
WHEREAS, the Petitioners, Strauss Construction Corporation and the
Gardens of Cotton Hill Homeowners Association, have requested that said 10' greenspace
easement be vacated pursuant to §15.2-2272.2 of the Code of Virginia (1950, as
amended); 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 March
14, 2000; the public hearing and second reading of this ordinance was held on March 28,
2000.
THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That the "10' GREENSPACE EASEMENT" extending from Cotton Hill
Road to Chagall Drive along the boundary line between Lot 3 (Tax Map #96.07-8-3) and
Lot 4 (Tax Map #96.07-8-4), as created and shown on the plat entitled 'PLAT OF
SUBDIVISION FOR STRAUSS CONSTRUCTION CORPORATION CREATING HEREON
SECTION NO.3, "LILIES OF THE GARDENS" BEINGASUBDIVISION OFTAX#96.02-1-
45.1,' dated March 27, 1996, and recorded in the aforesaid Clerk's Office in Plat Book 18,
page 143, and being designated and shown as "10' GREENSPACE EASEMENT TO BE
VACATED" on Exhibit A attached hereto, be, and hereby is, vacated pursuant to § 15.2-
2272 of the Code of Virginia (1950, as amended), subject to the conditions contained
herein.
2. That all costs and expenses associated herewith, including but not
limited to publication, survey and recordation costs, shall be the responsibility of the
Petitioners.
3.
That the County Administrator, or an Assistant County Administrator,
March 28, 2000
167
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necessary to accomplish the provisions of this ordinance, all of which shall be on form
approved by the County Attorney.
4, That this ordinance shall be effective on and from the date of its
adoption, and a certified copy hereof 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 Minnix to adopt the ordinance, and carried by the
following recorded vote:
AYES: Supervisors Minnix, Church, McNamara
NAYS: None
ABSENT: Supervisors Johnson, Nickens
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Second readina of ordinance to vacate an 81 SQuare foot section
of Fairwav View Trail in the Windsor Hills Maaisterial District
UDon the Detition of Baron EnterDrises of Virainia (Georae
Baron). (Terry Harrinaton. Countv Planner)
0-032800-7
Mr. Harrington advised that there have been no changes since the first
reading. There was no discussion and no citizens present to speak on the issue.
Supervisor McNamara moved to adopt the ordinance. The motion carried by
the following recorded vote:
AYES:
NAYS:
Supervisors Minnix, Church, McNamara
None
ABSENT:
Supervisors Johnson, Nickens
ORDINANCE 032800-7 VACATING AND CLOSING AS PUBLIC RIGHT-
OF-WAY AN 81 SQUARE-FOOT PORTION OF FAIRWAY VIEW TRAIL
ADJACENT TO LOT 30, BLOCK 2, SECTION 2, IN FAIRWAY FOREST
ESTATES SUBDIVISION RECORDED IN PLAT BOOK 10, PAGE 122.
WHEREAS, the Petitioner, Baron Enterprises of Virginia, Inc., is the owner
of Lot 30, Block 2, Section 2, Fairway Forest Estates, of record in the Clerk's Office of the
Circuit Court of Roanoke County in Plat Book 10, Page 122; and,
WHEREAS, the Petitioner has requested that the Board of Supervisors of
Roanoke County, Virginia, vacate and close as public right-of-way an 81 square-foot
portion of Fairway Forest Estates, adjacent to Lot 30, Block 2, said right-of-way having
168
March 28, 2000
FAIRWAY FOREST ESTATES, In t e In sor I s agls ena
Virginia, and recorded in Plat Book 10, Page 122; 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 March
14, 2000; the public hearing and second reading of this ordinance was held on March 28,
2000.
=
NOW THEREFORE, BE IT ORDAINED by the Board of Supervisors of
Roanoke County, Virginia, as follows:
1. That the portion of public right-of-way, situate in the Windsor Hills
Magisterial District of Roanoke County, shown and hatched on Exhibit A attached hereto,
entitled 'PLAT SHOWING PORTION OF FAIRWAY VIEW TRAIL TO BE VACATED AND COMBINED WITH LOT
30, "FAIRWAY FORESTESTATES" (P.B. 10, PG. 122)', being 81 square feet of Fairway View Trail
adjacent to Lot 30, Block 2, Section 2, Fairway Forest Estates, dedicated on the subdivision
plat of Section No.2, Fairway Forest Estates, recorded in the aforesaid Clerk's Office in
Plat Book 10, page 122, 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 fee simple title to the subject right-of-way shall vest in the owner
of the abutting property within the subdivision as provided in §15.2-
2274 of the Code of Virginia (1950, as amended), subject to the
condition that the vacated area of land shall be added and combined,
by deed or by plat, to said abutting property, in compliance with the
Roanoke County Subdivision and Zoning Ordinances, and other
applicable laws and regulations.
That the entire 81 square-foot area vacated and closed is hereby
reserved and retained as a public utility easement, together with the
right of any public utility company to provide maintenance to any
existing or future facilities located within the vacated area, and
together with the right of ingress and egress thereto from the public
road..
b.
That all costs and expenses associated herewith, including but not
limited to publication, survey and recordation costs, shall be the
responsibility of Baron Enterprises of Virginia, Inc.
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 McNamara to adopt the ordinance, and carried by
the following recorded vote:
AYES: Supervisors Minnix, Church, McNamara
NAYS: None
c.
March 28, 2000
169
ABSENT.
3u¡:,el vi~OI! JOhn!ðl'l, r~lel(Cfl5
IN RE:
BRIEFINGS AND PRESENTATIONS
b
Budget reauests from Social Seryices. Cultural and Tourism
agencies for FY2000-2001.
Chairman McNamara advised that any materials provided tonight by
the speakers as well as a tape of the meeting will be furnished to Supervisors
Johnson and Nickens who were absent.
The following citizens requested funds on behalf of their organizations:
(1 )
Lee B, Eddy, Secretary, Roanoke Valley Greenway Commission,
2211 Pommel Drive, requested $11,400
(2)
Kent Chrisman, Director, History Museum and Historical Society
- of Western Virginia, One Market Square, Center in the Square, requested $10,000
(3)
Dave Kjolhede, Roanoke Valley Convention & Visitors Bureau,
114 Market Street, requested $125,000
(4)
Wayne Strickland, Arts Council of Blue Ridge, 20 East Church
Avenue, requested $3,000
(5)
Carolyn Schwanhausser, Science Museum of Western Virginia,
One Market Square
(6) Pete Lampman, Virginia Amateur Sports, Inc., 711 C. 5th Street,
requested $45,000
(7)
Aletha S. Bolden, Director, Harrison Museum of African American
Culture, 523 Harrison Avenue, NW, requested $5,000
(8)
James A. Ford, President, Roanoke Symphony Society, 520
170
March 28, 2000
Luul, A.u,"uu
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(9) Beth Poff, Mill Mountain Zoo, P. O. Box 13484
(10) Michael G. VanNess, Executive Director, Western Virginia land
Trust, P. O. Box 18102, requested $50,000
(11) Tammey Bratcher, Total Action Against Poverty, 5402 Green
Meadow Road, SW
(12) Roger Ellmore, Virginia's Explore Park, P. .0. Box 8508
(13) Kay Strickland, Virginia Museum of Transportation, 303 Norfolk
Avenue
(14) Tom Jones, Virginia Museum of Transportation, 303 Norfolk
Avenue
(15) Wanda Morehead and Sue Taylor, Program Director, Julian
Stanley Wise To the Rescue, 4427 Electric Road, requested $35,000
(16) John levin, Mill Mountain Theatre, One Market Square
(17) Bob Siaugher, Chairman, National D-Day Memorial, 4372
Kirkwood Drive, and Richard Burrow, requested $25,000
(18) E. E. Wiggins, Chairman, SCORE (Service Corp of Retired
Executives) sponsored by Small Business Administration, 3101 Tomaranne Drive,
requested $5,000
(19) Thomas R. Brock, Center in the Square, 5434 Peregrine Crest
Circle, requested $55,000
(20) Vicki Honer, Southwest Virginia Ballet, 2106 laburnum Avenue,
SW, requested $1,000
(21) Jonathan low, DirectorofDevelopment, Art Museum of Virginia,
March 28, 2000
171
-
0111:: Mdlll.t:l 3YUdlt:, It:yut:»lt:d :¡ì7,000
(22) Bill Krause, Opera Roanoke, P. O. Box 1014, requested $1,000
IN RE:
SECOND READING OF ORDINANCES
Chairman McNamara announced that staff has requested that the following
public hearing be postponed until April 25, 2000. There were no objections, and it was
agreed to postpone the public hearing.
1.
Second readina of an ordinance amendina and reenactina the
zonina ordinance of Roanoke Countv. Virainia bv the addition of
standards for cluster subdivisions. UDon the Detition of the
Roanoke Countv Plannina Commission.
(Terry Harrinaton.
Countv Planner) CONTINUED FROM FEBRUARY 29. 2000
IN RE:
REPORTS AND INQUIRIES OF BOARD MEMBERS
SuDervisor Minnix: (1) He reviewed the procedures for requesting bulk
brush collection to inform the citizens who have been calling him for assistance. He
requested that Ms. Green put some information on the Roanoke Valley Television channel.
(2) He advised that Clearbrook Elementary School is having a dedication for their new
addition on April 9, 2000 at 2:00 p.m. and invited everyone to attend.
SuDervisorChurch: (1) Hethanked the Cave Spring Rescue Squad for their
assistance to his secretary's family when they were involved in an automobile accident in
front of the Route 419 Library. (2) He requested that everyone return the Census forms
that were recently mailed so that accurate figures can be recorded. (3) He expressed his
appreciation to the County legislators in Richmond, particularly Delegate Griffith and
Senator Trumbo, for their assistance to Southwest Virginia and the County.
SuDervisor McNamara: (1) He expressed his appreciation to Senators
172
March 28, 2000
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dedication and work for the region. (2) He advised that the School Board has approved a
tentative budget and asked when it would be approved by the Board. Mr. Hodge advised
that Schools have to submit their budget to the Board by April 1, 2000 by State law. and
he hopes to have the entire budget process completed by the end of April. Supervisor
McNamara advised that he felt that the overall budget process was progressing well
between the Schools and County departments.
INRE:
ADJOURNMENT
At 8:55 p.m. Chairman McNamara adjourned the meeting,
Submitted by,
Approved by,
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Deputy Clerk to the Board