HomeMy WebLinkAbout8/8/2000 - Regular
August 8, 2000
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Roanoke County Administration Center
5204 Bernard Drive
Roanoke, Virginia 24018
August 8, 2000
The Board of Supervisors of Roanoke County, Virginia, met this day at the
Roanoke County Administration Center, this being the second Tuesday and the first
regularly scheduled meeting of the month of August, 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
None
MEMBERS ABSENT:
STAFF PRESENT:
John M. Chambliss, Jr., Assistant County Administrator; Paul
M. Mahoney, County Attorney; Mary H. Allen, Clerk to the
Board; Dan R. O'Donnell, Assistant County Administrator; Jill
B. Barr, Community Relations Director
IN RE:
OPENING CEREMONIES
The invocation was given by John M. Chambliss, Jr., Assistant County
Administrator. The Pledge of Allegiance was recited by all present.
IN RE:
REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF
AGENDA ITEMS
Mr. Chambliss requested that Item F-3 (acquisition of property from the
Guthries for South County Park) be discussed in Closed Meeting under Section 2.1-344
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August 8, 2000
A (3) acquisition of real property; and Mr. Mahoney requested a Closed Meeting to
discuss Rising Star litigation under Section 2.1-344 A (7).
Supervisor Johnson requested that a resolution concerning the Virginia Gas
Pipeline be discussed in a work session with anticipated action following the work
session. It was the unanimous consent of the Board to add the work session to the
agenda.
Mr. Chambliss requested that Items M-5 (Report on corner lot setbacks and
parking of recreational vehicles in front yards) and M-6 (Report on Virginia Gas Pipeline
project) be discussed in work sessions.
INRE:
PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND AWARDS
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Introduction of Diane Akers. Director of Finance.
Mr. Chambliss introduced Diane Akers, the new Director of Finance, and
advised that she was the former acting Economic Development Director and acting
Assistant City Manager for the City of Roanoke.
INRE:
BRIEFINGS
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ReDor! on Future Technology and Trade Ex DO to be held
October 27.29.2000 at the Salem Civic Center. (Debbie Pitts.
Assistant Director of Recreation)
Ms. Pitts reported that The Future Technology and Trade Expo will be held
on October 27-29 at the Salem Civic Center, and is the final event of Celebrate 2000,
Roanoke County's year long series of activities marking the new millennium. Expo will be
a professionally designed trade show featuring exhibits by regional high-tech and cutting-
edge businesses, the Virginia Tech Pavilion, and the E-View Reception.
August 8, 2000
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The main purpose of the event is to provide businesses with a venue where
they can showcase their high-tech products and services of today and offer previews of
future products. Ms. Pitts advised that the steering committee has been working for over
one year to produce this event and introduced the members who were present. She
announced that the following companies have joined us in sponsoring Expo:
Newschannel10, Virginia Tech Ware Engineering Lab, American Electric Power, Hotel
Roanoke & Conference Center, Roanoke City, and SunCom. To date, the County has
sold 44 booths and will fill the 8,000 sq. ft. annex with 13 engineering projects from the
Virginia Tech Ware Lab. US Congressmen Rick Boucher and Bob Goodlatte will co-host
the E-View Reception on October 27,2000. The Master of Ceremonies for the evening
will be William Stephenson, Dean of Virginia Tech's College of Engineering.
INRE:
FIRST READINGS OF ORDINANCES
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First readina of ordinance authorizina auitclaim and release of a
drainaae easement recorded in Deed Book 1116. Paae 449 and
Plat Book 9. Paae 158. and to auitclaim and release a 20.foot
sanitary sewer easement recorded in Deed Book 1060. Paae 824
within the boundaries of Cynthia Drive and SDrina Meadow
Drive of Nottinaham Park and located in Windsor Hills
Magisterial District. (Arnold Covev. Community DeveloDment
Director)
Mr. Covey explained that this was a housekeeping measure. In order for a
portion of Cynthia Drive and Spring Meadow Drive to be accepted into the secondary
road system, VDOT requires that the right-of-way be free and clear of any third party
rights or encumbrances. The quitclaim and release of the sanitary sewer easement and
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August 8, 2000
drainage easement to the state would be subject to VDOT issuing a permit for such
facilities and the condition that the facilities located within the 40-foot right-of-way of
Cynthia Drive and Spring Meadow Drive may continue to occupy the streets in the
existing condition and location.
Supervisor McNamara moved to approve the first reading and set the
second reading and public hearing for August 22, 2000. The motion carried by the
following recorded vote:
AYES:
NAYS:
Supervisors Johnson, Minnix, Church, Nickens, McNamara
None
£,
First readina of ordinance authorizina the acceDtance of the
donation of the Hangina Rock Battlefield Trail from the Hanaina
Rock Battlefield and Railroad Preservation Foundation. (Pete
HaisliD. Director of Parks. Recreation and Tourism)
Assistant Parks Director Mark Courtright advised that in 1994 the Hanging
Rock Battlefield and Railroad Preservation Foundation was created to construct and
operate the Hanging Rock Battlefield Interpretive Trail and Greenway. The Foundation is
made up of both citizens and representatives of Roanoke County and the City of Salem
governments, as the trail is located in both jurisdictions. The foundation coordinated the
acquisition of the property and rights of way, designed the trail, secured funding, and
oversaw the construction of Phase 1, which successfully opened in 1999.
Mr. Courtright reported that the Hanging Rock Battlefield and Railroad
Preservation Foundation has approached Roanoke County and the City of Salem about
donating the portions of the trail located in their respective jurisdictions to the
August8,2000
477
governments. Acceptance of the donation was discussed at the joint meeting with the
Salem City Council on July 24, and staff was directed to bring back an ordinance for first
and second reading in August. The City of Salem will accept the trail at their August 14
meeting. Staff recommended adoption of the ordinance after second reading.
Dave Robbins, President of the Hanging Rock Battlefield and Railroad and
Reservation Foundation, was present and advised that the trail is well used and that he
hoped to get the area civic leagues involved in helping with the maintenance. He
explained that a house sits on the Brubaker property which was built in the 1840's and he
would like to work with the state to establish a regional visitors' center there.
Supervisor Church expressed his strong support for this action and moved
to approve the first reading and set the second reading for August 22, 2000. The motion
carried by the following recorded vote:
AYES:
NAYS:
Supervisors Johnson, Minnix, Church, Nickens, McNamara
None
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First readina of ordinance authorizina the Durchase of
aDDroximatelv 2.8 acres from Barbara and Billy Guthrie for the
new South County Park.
Recreation and Tourism)
(Pete HaisliD. Director of Parks.
This first reading was discussed in Closed Meeting and no action was
taken.
INRE:
SECOND READING OF ORDINANCES
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Second readina of ordinance authorizina a boundarv
adjustment and land exchange with Mariorie and Jeffrev
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August 8, 2000
Craiahead and David Kidd in connection with South County
Park. (Pete HaisliD. Parks. Recreation and Tourism Director)
0-080800-1
Mr. Courtright advised that Ms. Craighead had expressed her concerns
about park users accessing the creek from the park side, creating potential liability,
vandalism, and trespassing issues. Roanoke County also needs to install drainage
structures across her property line to allow for proper drainage of the park site.
Staff requested that the Board adopt the ordinance to exchange property
between Roanoke County and Marjorie and Jeffrey Craighead, convey property to Mr.
David Kidd, and authorize staff to purchase and provide fencing material to Marjorie K.
Craighead.
Supervisor Minnix moved to adopt the ordinance. The motion carried by the
following recorded vote:
AYES:
NAYS:
Supervisors Johnson, Minnix, Church, Nickens, McNamara
None
ORDINANCE 080800-1 AUTHORIZING A BOUNDARY ADJUSTMENT
THROUGH THE EXCHANGE OF REAL ESTATE IN CONNECTION WITH
THE NEW SOUTH COUNTY PARK BETWEEN THE BOARD OF
SUPERVISORS (T.M.#97.01-2-11; T.M.#97.01-2-13; T.M.#97.05-1-25),
MARJORIE KIDD CRAIGHEAD & JEFFREY ALAN CRAIGHEAD
(T.M.#97.01-2-17.1), AND DAVID E. & VIRGINIAJ. KIDD (T.M.#97.01-2-7)
IN THE CAVE SPRING MAGISTERIAL DISTRICT.
WHEREAS, Marjorie Kidd Craighead and Jeffrey Alan Craighead are the
owners of a 14.32-acre parcel of real estate, including Back Creek, designated on the
Roanoke County Land Records as Tax Map No. 97.01-2-17.1, adjacent to the new South
County Park property owned by the Board of Supervisors of Roanoke County, Virginia,
which is designated on the Roanoke County Land Records as Tax Map No. 97.01-2-11,
and partially adjoins property of the Board of Supervisors, successor to the Roanoke
County Public Service Authority, which is designated on the Roanoke County Land
Records as Tax Map No. 97.01-2-13; and,
WHEREAS, David E. Kidd and Virginia J. Kidd are the owners of a 6.73-
acre parcel of real estate, designated on the Roanoke County Land Records as Tax Map
August 8, 2000
479
No. 97.01-2-7, adjacent to Starkey Park on Crystal Creek Drive owned by the Board of
Supervisors, which is designated on the Roanoke County Land Records as Tax Map No.
97.05-1-25; and,
WHEREAS, the Kidds currently access their property through the
northwesterly corner of the Starkey Park property pursuant to a deed of easement dated
October 21, 1996, and recorded in the Clerk's Office of the Circuit Court of Roanoke
County, Virginia, in Deed Book 1532, page 1410; and,
WHEREAS, due to potential management and operational problems,
concerns raised by the Craigheads related to the boundaries and public access to Back
Creek, with attendant liability, vandalism, and trespass issues, and the need to provide for
adequate drainage on the Craighead property as a result of park development, staff has
negotiated an agreement with the Craig heads and Kidds for the exchange of real estate
and the provision of fencing materials to address the various concerns and issues; and,
WHEREAS, the proposed agreement will serve the interests of the public,
and the property to be acquired by the County constitutes a fair consideration for the
parcels to be conveyed and the fencing materials to be provided; and,
WHEREAS, pursuant to the provisions of Section 18.04 of the Charter of
Roanoke County, a first reading concerning this acquisition and conveyance of real estate
was held on July 25, 2000, and the second reading of this ordinance was held on August
8, 2000.
BE IT ORDAINED by the Board of Supervisors of the County of Roanoke,
Virginia, as follows:
1. That pursuant to the provisions of Section 16.10 of the Charter of
Roanoke County, the interests in real estate to be conveyed are hereby declared to be
surplus, and are hereby made available for other public uses by exchange for alternative
public property.
2. That acquisition and acceptance of a parcel of real estate, consisting
of 0.948 acre, including Back Creek, along the western boundary of the property of the
Board of Supervisors designated on the Roanoke County Land Records as Tax Map
#97.01-2-11, said parcel being hatched and shown on the attached copy (marked Exhibit
A) of a preliminary plat dated July 12, 2000, prepared by Lumsden Associates, P.C., from
Marjorie Kidd Craighead and Jeffrey Alan Craighead is hereby authorized and approved.
3. That as consideration for the above-described acquisition,
conveyance to Marjorie Kidd Craighead and Jeffrey Alan Craighead of a parcel of real
estate, consisting of 0.574 acre, and being a portion in the northwestern corner of the
property of the Board of Supervisors designated on the Roanoke County Land Records
as Tax Map #97.01-2-13, said parcel being cross-hatched and shown on the attached
copy (marked Exhibit A) of a preliminary plat dated July 12, 2000, prepared by Lumsden
Associates, P.C., is hereby authorized and approved, subject to the following conditions:
a. That a "New Variable Width Waterline & Sanitary Sewer
Easement" be reserved and retained as shown in the detail on the above-
referenced plat.
b. That the 0.574 parcel to be conveyed shall be added and
combined with the tract of land owned by the Craigheads, designated on
the Roanoke County Land Records as Tax Map No. 97.01-2-17.1.
c. That the conveyance is to be subject to all recorded
conditions, reservations, easements and restrictions affecting title to the
property.
4. That as additional consideration for the acquisition, the provision of
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August 8, 2000
certain fencing materials, namely 150 fence posts and 1200 feet of wire fencing, are to be
provided to the Craigheads to construct fencing along the new boundary line between the
properties, is hereby authorized and approved.
5. That as additional consideration for the above-described acquisition,
conveyance to David E. Kidd and Virginia J. Kidd of a parcel of real estate, consisting of
0.051 acre, and being a triangular parcel in the northwestern corner of the property of the
Board of Supervisors designated on the Roanoke County Land Records as Tax Map
#97.05-1-25, said parcel being hatched and shown on the attached copy (marked Exhibit
B) of a preliminary plat dated July 18, 2000, prepared by Lumsden Associates, P.C., is
hereby authorized and approved, subject to the following conditions:
a. That an adequate access easement, a minimum of 10' in
width, for ingress to and egress from a Roanoke County Well Lot to and
from Crystal Creek Drive shall be reserved and retained.
b. That the conveyance is to be subject to all recorded
conditions, reservations. easements and restrictions affecting title to the
property, including but not limited to any and all access easements
conveyed to other property owners for ingress and egress to and from
Crystal Creek Drive.
c. That the 0.051 acre parcel to be conveyed shall be added and
combined with the tract of land owned by the Kidds, designated on the
Roanoke County Land Records as Tax Map No. 97.01-2-7.
6. That the County Administrator, or an Assistant County Administrator,
is hereby authorized to execute such documents and take such further actions on behalf
of the Board of Supervisors of Roanoke County as may be necessary to accomplish the
property exchange, specifically including the acquisition and conveyance of the respective
properties herein described, all of which shall be approved as to form by the County
Attorney.
7.
That this ordinance shall be effective on and from the date of its
adoption.
On motion of Supervisor Minnix to adopt the ordinance, and carried by the
following recorded vote:
AYES: Supervisors Johnson, Minnix, Church, Nickens, McNamara
NAYS: None
IN RE:
R-080800-2
CONSENT AGENDA
Supervisor McNamara moved to adopt the Consent Resolution. The motion
carried by the following recorded vote:
AYES:
NAYS:
Supervisors Johnson, Minnix, Church, Nickens, McNamara
None
RESOLUTION 080800-2 APPROVING AND CONCURRING IN CERTAIN
ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA
August 8, 2000
481
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FOR THIS DATE DESIGNATED AS ITEM I - CONSENT AGENDA
BE IT RESOLVED by the Board of Supervisors of Roanoke County,
Virginia, as follows:
1. That the certain section of the agenda of the Board of Supervisors for
August 8, 2000, designated as Item I - Consent Agenda be, and hereby is approved and
concurred in as to each item separately set forth in said section designated Item 1,
inclusive, as follows:
1. Confirmation of committee appointment to the Social Services
Advisory Board.
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 resolution, and carried by
the following recorded vote:
AYES: Supervisors Johnson, Minnix, Church, Nickens, McNamara
NAYS: None
INRE:
REQUESTS FOR WORK SESSIONS
Supervisor Nickens requested that a work session be held on the upgrade
on the sewage treatment plant. Mr. Mahoney advised that he will report on this subject at
the August 22 meeting in Closed Meeting because of probable litigation.
IN RE:
CITIZENS' COMMENTS AND COMMUNICATIONS
The following citizens spoke concerning the Virginia Gas Pipeline
easement:
1.
Chris Caveness. 5051 Twelve O'Clock Knob Road. Roanoke.
expressed support for requesting that Virginia Gas Pipeline co-locate with an existing
easement of Duke Power. He felt that they should use an existing corridor instead of a
new easement.
2. Danielle Huffman 4412 Kinas Court Drive Roanoke. advised that she
already has an easement in her backyard from Duke Power and does not understand why
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August 8, 2000
they can't share the easement, but it appears that Duke Power and Virginia Gas are not
even wiling to talk to each other.
3. Brent Rilev. 5280 Wade Road. Roanoke. VA 24018, reported that the
pipeline will cross 1500 feet of his property, and that the project is 50 miles long but
parallels for 40 miles the pipeline of Duke Energy. He also requested that affected
property owners receive more timely notice so there is time for them to become involved
if they wish.
Supervisor Johnson advised that when Virginia Gas came to the Board and
asked for support, they receive a letter expressing the Board's concerns. He also advised
that he felt that the Board needs to take a stand in support of co-location with existing gas
pipeline easements. The other Board members agreed and expressed concern at the
lack of notification, and recommended that the citizens need to contact the legislators in
the General Assembly.
4. Nancv Huahes. 2506 Sharmar. Roanoke. VA. advised she read an
article in the Roanoke Times concerning a space crunch in the County schools and
expressed concern that some schools are already almost overcrowded. She spoke on
possible future space needs in County schools, and encouraged more strategic planning
for the future.
INRE:
REPORTS
Sypervisor McNamara moved to receive and file the following reports after
removing Item 5 and 6 to discuss in work sessions. The motion carried by a unanimous
voice vote.
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£,
General Fund UnaDDrODriated Balance
CaDital Fund UnaDDrODriated Balance
August 8, 2000
483
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Board Continaencv Fund
Future School CaDital Reserve
§.,
ReDort of corner lot setbacks: Darkina of recreational vehicles
in front yards
This item was moved to work session.
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ReDort on Virqinia Gas PiDeline Droiect
This item was moved to work session.
INRE:
REPORTS AND INQUIRIES OF BOARD MEMBERS
SuDervisor Johnson: In a followup to Ms. Hughes comments, he advised
the following: (1) That the County prides itself on having a plan. Botetourt County was
going to participate in a joint school and decided instead to build their own school.
Bonsack Elementary School was designed to meet Roanoke County needs and is not
crowded.
(2) If apartments are built in the community, they will be empty nester
apartments.
(3) According to the enrollment projections, the County schools are
appropriately sized for the enrollment for the next five years. (4) The Blue Ribbon
Committee construction plans shows that the County has planned in a responsible
fashion.
SuDervisor Church: (1) He reported that he had talked with Arnold Covey
and he assured the North Spring Drive residents that they will be getting help soon. The
fencing will take place on Friday and landscaping will follow. (2) He announced that Old
Salem Days will take place September 9 and involves the entire Roanoke Valley.
SuDervisor Nickens: (1) He advised that the Gladetown Cemetery
Committee is asking for the County's assistance in trying to resolve ownership of the
cemetery in their community, and that he will work with Mr. Mahoney and his staff to
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August 8, 2000
assist them. (2) He felt that he was not sure that the County can afford more homes or
apartments being built in Roanoke County because the County receives only $1 ,500 from
each family in taxes, but it costs over $5,000 to educate one child. (3) He asked the
Planning staff to bring back to the Board and share with the School system a list of platted
subdivisions of residential and apartment developments and any other development that
would impact schools and other services.
SuDervisor McNamara: (1) He announced that he had a conversation with
the School Board chair and that planning is the key to the schools. The County utilizes
the best people to look at the projections and economic development. (2) He also
discussed with the School Board chair whether they should attempt to update the Blue
Ribbon Committee report because it is over four years old and may need adjustments.
(3) He advised that he does not believe that the South County High School will be
overcrowded based on student projections of 944 students. There will not be that many
students because some students now attending elementary and middle schools will
attend private high schools, Arnold Burton Vocational School, or the Governor's School
which will reduce the number of students currently enrolled. He also pointed out that the
reason the County is out of space in some schools is because new requirements call for
more space to educate one child than many years ago. Supervisor Johnson expressed
agreement with Supervisor McNamara but emphasized that the County also needs to
look at more than buildings, and needs to look at the programs also.
INRE:
WORK SESSIONS
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Discussion on Virainia Gas PiDeline
The work session was held from 4:30 p.m. until 4:50 p.m. and was
presented by Terry Harrington. He reported that he met with two representatives of
August 8, 2000
485
Virginia Gas Pipeline and representatives of John Lambert and Associates who will
provide public relations. He was informed that construction in Roanoke County is
scheduled for spring of 2001, and they are in the process of acquiring easements.
There was discussion about co-locating the pipeline in the existing Duke
Power easement; what the Board's options were in assisting the residents; and methods
of slowing down the process. It was the consensus of the Board to ask Congressman
Boucher to meet with the two gas companies to discuss co-location and that Mr. Mahoney
will investigate ways to slow down the process of eminent domain proceedings.
£,
Joint work session with the Plannina Commission to discuss
recommended revisions to the land use maD and desian
auidelines for the Colonial Avenue Corridor.
The work session was held from 4:50 p.m. until to 5:55 p.m. and was
presented by Community Development Planner Tim Beard.
members Kyle Robinson and AI Thomason were also present.
Planning Commission
Mr. Beard reported that the staff undertook a study of the Colonial Avenue
Corridor at the request of the Board of Supervisors because of the increased traffic on
Colonial Avenue and rezoning and Special Use Permit requests for property that was
originally zoned residential. The Colonial Avenue Corridor Study was completed in
December 1999 and was presented to the Board of Supervisors.
The Planning
Commission requested that staff develop proposed design guidelines for development
and redevelopment of the area which has now been completed.
The Board discussed ways to slow down development and allow the area to
remain residential. Supervisor Minnix announced he had met with a group of Colonial
Avenue residents and their concern is that the area is in transition which will result in
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August 8, 2000
commercial development, and many of the neighbors want the area to remain residential.
There was discussion on lowering the speed limit to discourage the use of Colonial
Avenue as a cut through, but Supervisor Nickens pointed out that the County cannot
control the traffic. Supervisor Minnix advised that they don't need a 4-lane highway
because that would just encourage additional traffic. Several of the residents were
present at the work session and advised there was a difference of opinion with some
residents wanting the corridor to remain residential while others recognize that the area
will eventually become commercial.
It was the consensus of the Board that County staff and residents meet with
the Virginia Department of Transportation to consider ways to reduce the traffic which
could result in possible reduction of commercial development.
Supervisor Minnix left the meeting at 6:00 p.m.
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ReDort of corner lot setbacks: Darkina of recreational vehicles
in front vards.
The work session was held from 5:55 p.m. until 6:15 p.m. and was
presented by County Planner Terry Harrington at the request of the Board. He explained
that the 1992 zoning ordinance contained new definitions of front yards and front building
lines. This resulted in continuing the prohibition of recreational vehicles in the front yards
of corner lots, but allowed them to be stored in the "side yard" of the house, even though
the "side yard" was facing a public street. When complaints were received, the citizens
were advised that the zoning ordinance did not prohibit such vehicles from parking in the
side yard of corner lots. In 1997, several complaints were received, and in one situation
in Bonsack, the vehicle was being used as an extension of the property owners' outdoor
living space. In April 1999, the Board approved an amendment to the zoning ordinance
August 8, 2000
487
that on corner lots, both sides facing the street are considered "front yards" and
unavailable for the storage of recreation vehicles.
Less than ten violations per year
involved vehicles on corner lots. The Planning Commission discussed this issue and felt
that the current ordinance was the most equitable. Mr. Harrington advised that if the
Board directs that the ordinance be changed, the Commission will set a public hearing to
amend the zoning ordinance.
Supervisor McNamara explained that when the Board tried to resolve the
problem for some residents several years ago, they created a problem for others. He
requested that an amendment be considered.
Staff was directed to bring to the
Planning Commission the changes to the zoning ordinance concerning parking
recreational vehicles on certain corner lots and bring the amendments back to the Board
at the September 26 meeting.
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Proaress reDort on Center for Research and Technoloav (CRT)
The work session was held from 6:20 p.m. to 7:00 p.m. A power point
presentation was made by Economic Development Director David Porter and Economic
Development Specialist Melinda Cox. They reported that there is a 24 inch waterline on
Glenmary Drive; the entrance road is being graded; pavement and guardrails are being
installed; and an interim entrance sign with limited landscaping will be installed by
September 30. They presented the development plans for the Phase I road system in
four stages. Mr. Porter announced that a Kickoff event is scheduled for October 12,
2000 featuring Mark Kilduff, Executive Director of the Virginia Economic Development
Partnership.
In response to questions from the Board, Mr. Porter advised they had heard
from six prospects in the last 30 days; and that there is $5 to $6 million invested in the
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August 8, 2000
project at this time. The Board asked for further information from the staff on the traffic
count near CRT and the mileage from Interstate 81 to the project.
INRE:
CLOSED MEETING
At 4:20 p.m., Supervisor McNamara moved to go into closed meeting
pursuant to Code of Virginia Section 2.1-344 A (3) discussion of acquisition of property for
public purposes; and 2.1-344 A (7) litigation with Rising Star Sports Camp. The motion
carried by the following recorded vote:
AYES:
NAYS:
INRE:
R-080800-3
Supervisors Johnson, Minnix, Church, Nickens, McNamara
None
CERTIFICATION RESOLUTION
At 7:45 p.m., Supervisor McNamara advised that the Closed Meeting was
held from 7:00 p.m. until 7:45 p.m., and moved to return to open session and adopt the
Certification Resolution. The motion carried by the following recorded vote:
AYES:
NAYS:
ABSENT:
Supervisors Johnson, Church, Nickens, McNamara
None
Supervisor Minnix
RESOLUTION 080800-3 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:
August 8, 2000
489
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, Church, Nickens, McNamara
NAYS: None
ABSENT: Supervisor Minnix
IN RE:
NEW BUSINESS
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Resolution reauesting the Virainia Gas PiDeline ComDany. East
Tennessee Natural Gas ComDanv and the Duke Enerav
CorDoration to construct a natural aas DiDeline on a corridor
alreadv in existence and oDeratlon in Roanoke County.
R-080800-4
Supervisor McNamara moved to adopt the resolution deleting the first
paragraph on Page 3. The motion carried by the following recorded vote:
AYES:
NAYS:
Supervisors Johnson, Church, Nickens, McNamara
None
ABSENT:
Supervisor Minnix
RESOLUTION 080800-4 MEMORIALIZING THE VIRGINIA GAS
PIPELINE COMPANY, EAST TENNESSEE NATURAL GAS COMPANY
AND THE DUKE ENERGY CORPORATION TO CONSTRUCT A
NATURAL GAS PIPELINE ON A CORRIDOR ALREADY IN EXISTENCE
AND OPERATION IN ROANOKE COUNTY, VIRGINIA
WHEREAS, we, the members ofthe Roanoke County Board of Supervisors,
petition the executive officers and shareholders of the Virginia Gas Pipeline Company and
Duke Energy Corporation as follows:
WHEREAS, Virginia Gas Pipeline Company is in the possession of certain
easements that traverse the peaks and ridges of rural undeveloped southwest Roanoke
County, including the Blue Ridge Parkway and Poor Mountain region as well as other
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urban areas in southwestern Roanoke County for the purpose of constructing a natural
gas pipeline through these areas; and
WHEREAS, the Roanoke County Board of Supervisors and the citizens of
Roanoke County strongly urge the Virginia Gas Pipeline Company to cease any further
surveying and clearing of land and to initiate and participate expeditiously in a dialog with
Duke Energy Corporation with the intent to establish an agreement whereby the new
construction of a natural gas pipeline will co-exist in the corridor already in existence and
operation in Roanoke County; and
WHEREAS, the Virginia Department of Conservation and Recreation has
previously made a request to the Virginia Gas Pipeline Company to seek the utilization of
an existing pipeline corridor for the construction of a new gas pipeline in Roanoke County;
and
WHEREAS, the Duke Energy Corporation has established a public policy
whereby Duke Energy Corporation is committed to stewardship of our communities and
environment, and has a long history of advocating and building for the environment and
cares deeply about how its business operations enhance the quality of life in the
community and the impact of its operations on the environment; and
WHEREAS, Duke Energy Corporation is a corporate leader in the utilities
and energy industry and has the wherewithal through its ownership of a certain easement
and established corridor for the purpose of transporting natural gas, can make available
to Virginia Gas Pipeline Corporation the space necessary for the construction of a natural
gas pipeline to coexist on a corridor already in existence through Roanoke County; and
WHEREAS, the citizens of Virginia and particularly Roanoke County wish to
preserve for perpetuity its natural wildlife and mountain ridges and peaks in a natural
state and protect the views of the peaks and ridges of this beautiful country; and
WHEREAS, the peaks and ridges that make up the Blue Ridge Parkway,
Poor Mountain, and Twelve O'Clock Knob area of southwest Roanoke County are some
of the most prominent peaks and ridges in Roanoke County and the Poor Mountain
Natural Wildlife Preserve is a treasured state preserve and this area should be protected
from any further development of new corridors for gas pipelines in this vicinity of Roanoke
County; and
WHEREAS, it is incumbent upon utility corporations to seek and resolve
issues to coexistence through established corridors previously approved by the Virginia
State Corporation Commission; and
WHEREAS, the Roanoke County Board of Supervisors recognizes the
current "eminent domain" notification process established by the Virginia State
Corporation Commission for corporations seeking permission to obtain rights of way
through property owners of private land does not notify and inform the effected property
owners of private land until after approval of rights of way by the State Corporation
Commission; and
BE IT RESOLVED that the Board of Supervisors of Roanoke County,
Virginia, respectfully urges and requests the immediate cooperation between the Virginia
Gas Pipeline Company and Duke Energy Corporation, the parent company of the East
Tennessee Natural Gas Company, for the establishment of a new natural gas pipeline in
a corridor already in operation, for the good of the natural wildlife and mountain peaks
and ridges in Roanoke County; and
BE IT FURTHER RESOLVED that suitable copies of this Resolution, duly
authenticated by the Roanoke County Board of Supervisors, be transmitted to the Virginia
Gas Pipeline Company, the East Tennessee Natural Gas Company, the Duke Energy
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491
Corporation, the Virginia State Corporation Commission, and the Virginia General
Assembly delegates and senators representing Roanoke County, Virginia.
On motion of Supervisor McNamara to adopt the resolution as amended,
and carried by the following recorded vote:
AYES: Supervisors Johnson, Church, Nickens, McNamara
NAYS: None
ABSENT: Supervisor Minnix
IN RE:
ADJOURNMENT
At 7:52 p.m. Chairman McNamara adjourned the meeting.
Submitted by,
Approved by,
TY)~ fl ¿¿". j -'L-
Mary H. Allen, CMC/AAE
Clerk to the Board
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