HomeMy WebLinkAbout11/19/1996 - Regular
November 19, 1996
765
Roanoke County Administration Center
5204 Bernard Drive
Roanoke, Virginia 24018
November 19, 1996
The Board of Supervisors of Roanoke County, Virginia, met
this day at the Roanoke County Administration Center, this being the
third Tuesday, and the only regularly scheduled meeting of the month
of November, 1996.
IN RE:
CALL TO ORDER
Chairman Johnson called the meeting to order at 3: 00 p.m.
The roll call was taken.
MEMBERS PRESENT:
Chairman Bob L. Johnson, Vice Chairman Harry C.
Nickens, Supervisors Lee B. Eddy, Fenton F.
"Spike" Harrison, H. Odell "Fuzzy" Minnix
MEMBERS ABSENT:
None
STAFF PRESENT:
Elmer C. Hodge, County Administrator; Paul M.
Mahoney, County Attorney; Brenda J. Holton, Deputy
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 the Reverend J"ohn Hawn, st.
Mark's Lutheran Church. The Pledge of Allegiance was recited by
all present.
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November 19. 1996
IN RE:
REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF
AGENDA ITEMS
Mr. Hodge added an Executive Session Item pursuant to
Section 2.1-344 A (7) legal matter concerning condemnation,
eminent domain proceedings, Vest property.
IN RE:
PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND AWARDS
~ Proclamation declaring the week of November 17 -
23. 1996 as American Education Week in Roanoke
County.
Chairman Johnson presented the proclamation to Tom
Leggette, Chair, Roanoke County School Board¡ Dr. Deanna Gordon,
School Superintendent¡ Butch Kelly, President of Roanoke County
Education Association¡ and Kit Reavis, American Education Week
Representative for RCEA.
Supervisor Minnix moved to adopt the proclamation. The
motion carried by the following recorded vote:
AYES:
Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS:
None
~ Recognition of Roanoke county Today staff for
receiving 1996 Virginia Municipal League (VML)
Communications Achievement Award.
Chairman Johnson presented the award to Anne Marie
Green, Director of Community Relations, and Angie McPeak,
November 19, 1996
767
coordinator, Cable Television Government Access.
~ Recognition of Brian Duncan for receiving the 1996
outstanding Young Volunteer Fund Raiser Award.
Chairman Johnson presented Mr. Duncan with a
certificate of Recognition.
IN RE:
NEW BUSINESS
k Request to readopt a Public Private partnership
Policy. (Tim Gubala. Economic Development
Director) (CONTINUED FROM OCTOBER 22. 1996)
A-111996- 1
Mr. Gubala advised that the policy has been revised to
include the changes suggested by the Board members at the October
22, 1996 meeting. The evaluation criteria has been reviewed and
refined¡ and the policy now includes that new businesses,
existing business expansions, and small businesses shall be
treated in the same manner. He asked that the policy be adopted.
Supervisor Eddy pointed out several changes which he felt would
further define the policy and it was the consensus of the Board
that these editorial changes be made.
Supervisor Nickens moved
Supervisor Eddy's editorial changes.
following recorded vote:
AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
to adopt the policy with
The motion carried by the
7b8
November 19, 1996
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NAYS:
None
.2...... Request to accept and appropriate $460.000 from
the Virginia Economic Development Partnership
opportunity Fund for R. R. Donnel1ey , Sons
Company.
(Brian Duncan. Economic Development
Assistant Director)
A-111996-2
Mr. Duncan advised that when the Board approved a
Public Private Partnership with R.R. Donnelley & Sons Company
earlier this year, it was understood that $450,000 would be
contributed by the Virginia Economic Development Partnership.
This check has been received and he asked that staff be
authorized to issue a check to R.R. Donnelley & Sons Company in
that amount. There was no discussion.
Supervisor Harrison moved to accept and appropriate the
funds. The motion carried by the following recorded vote:
AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS: None
~ Request for approval and an appropriation to
execute a mUlti-party agreement to provide for the
construction of a shell building and public
infrastructure improvements at Valley Gateway.
(Tim Gubala. Economic Development Director)
November 19, 1996
769
A-111996-3
Mr. Gubala advised that this is a complex project
involving execution of a mUlti-party agreement for the
construction of a shell building at Valley Gateway. The
agreement proposes that Fralin & Waldron will make available a
16.2 acre tract; Roanoke County will purchase the land for
$15,000 per acre and deed it through the Industrial Development
Authority to the Greater Roanoke Valley Development Foundation;
and the Foundation will construct a 75,000 square foot,
expandable shell building and make it available to industrial
prospects seeking to locate in the Roanoke Valley. The County
will pay for the site when a qualified industrial user with a $10
Million investment in real estate purchases the building. Fralin
& Waldron will provide the right of way for construction of an
industrial access road that will serve the shell building and
other commercial and industrial tracts in Valley Gateway and the
$200,000 costs will be shared by the County and Fralin & Waldron.
When a contract for a qualified commercial prospect has been
obtained, the County will extend the sewer line along Carson Road
to this site, and the cost will be covered by the payback
anticipated by the commercial development.
Supervisor Johnson moved to approve the staff
recommendation to appropriate $599,250 from the unappropriated
balance and authorize the County Administrator t:o execute the
multi-party agreement. The motion carried by the following
77-0
November 19, 1996
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recorded vote:
AYES:
Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS:
None
.L. Request to apply to the virginia Department of
Transportation for Industrial Access Funds for
Valley Gateway. (Tim Gubala. Economic Development
Director)
R-111996-4
Mr. Gubala advised that staff is proposing to apply for
$200,000 of industrial access road funding from VDOT to construct
an access road to Valley Gateway which is a 105 acre commercial
and industrial tract in the Route 460 corridor in eastern Roanoke
County.
The road will be constructed by the summer of 1997.
There was no discussion.
Supervisor Johnson moved to adopt the resolution. The
motion carried by the following recorded vote:
AYES:
Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS:
None
RESOLUTION 111996-4 SUPPORTING REQUEST FOR INDUSTRIAL
ACCESS FUNDS FOR VALLEY GATEWAY
WHEREAS, Fralin & Waldron has acquired 75+ acres
located in the County of Roanoke for the purpose of industrial
development; and
WHEREAS, this property known as Valley Gateway is
expected to be the site of new private capital investment in
land, building, and manufacturing equipment which will provide
substantial employment; and
November 19, 1996
m
WHEREAS, the subject property has no access to a public
street or highway and will require the construction of a new
roadway to connect with Challenger Avenue (Route U.S. 460); and
WHEREAS, the County of Roanoke hereby guarantees that
the necessary right of way for this new roadway and utility
relocations or adjustments, if necessary, will be provided at no
cost to the Virginia Department of Transportation; and
NOW, THEREFORE, BE IT RESOLVED THAT THE ROANOKE COUNTY
BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, hereby requests
that the Commonwealth Transportation Board provide Industrial
Access Road funding to provide an adequate road to this property;
and
BE IT FURTHER RESOLVED THAT THE ROANOKE COUNTY BOARD OF
SUPERVISORS hereby agrees to provide a surety or bond, acceptable
to and payable to the Virginia Department of Transportation, in
the full amount of the cost of the road, not to exceed $200,000.
This surety shall be exercised by the Department of
Transportation in the event that sufficient qualifying capital
investment does not occur within three years of the Commonwealth
Transportation Board's allocation of funds pursuant to this
request.
BE IT FURTHER RESOLVED THAT THE ROANOKE COUNTY BOARD OF
SUPERVISORS hereby agrees that the new roadway so constructed
will be added to and become a part of the State Secondary System
of Highways.
On motion of Supervisor Johnson to adopt the
resolution, and carried by the following recorded vote:
AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS: None
h Request for Public Private Partnership funds for
Relax. Inc.
(Joyce Waugh. Economic Development
Specialist)
A-111996-S
Ms. Waugh advised that this is a request to expend
$77,498 for public purposes on behalf of the location of a new
motel at the corner of Plantation Road and Friendship Lane. A
772
November 19, 1996
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performance agreement is being drafted for execution if the Board
approves the request.
This request for assistance meets the
public private partnership policy criteria and funds are
available within the Economic Development Public Private
Partnership fund. There was no discussion.
AYES:
Supervisor Johnson moved to appropriate $77,746 for the
The motion carried by the following recorded vote:
Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
project.
NAYS:
None
~ Request from Salem-Roanoke County Chamber of
Commerce to adopt the Workforce Endorsement
Agreement.
(Garland Kidd. Roanoke County Schools)
A-11199G-G
Mr. Kidd introduced Judy Griesenbrock, Salem/Roanoke
County Chamber of Commerce, and sylvia Bailey, Blue Ridge
Regional Education and Training Council, and explained that the
Workforce Endorsement Agreement is a collaborative effort between
area school divisions, the Salem/Roanoke County Chamber of
Commerce, and the Blue Ridge Regional Education and Training
Council.
The agreement provides that Valley businesses and
industries will give close examination and consideration to high
school graduates for entry level jobs, and that the area school
systems will provide employers with information that documents
the graduates' employment skills necessary for job success. Mr.
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November 19, 1996
773
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Kidd advised that Franklin County, City of Salem, Montgomery
County, and the Roanoke County School Board have adopted the
agreement, and Ms. Bailey advised that Roanoke County will be the
twelfth county to adopt the agreement. In response to an inquiry
about privacy issues, Ms. Bailey explained that one of the
components of the program is a Student Workforce Endorsement
Agreement which the students and parents sign to authorize the
school system to release information to the perspective employers
participating in the program.
Supervisor Minnix moved to adopt the agreement. The
motion carried by the following recorded vote:
AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS: None
~ Request to accept and appropriate monies from:
(a) virginia Juvenile community Crime Control Act and
to adopt a resolution prioritizing the e~penditure of
grant funds.
R-111996-7
Mr. Chambliss advised that the General Assembly
approved the Virginia Juvenile and Community crime Control Act
(VJCCA) during the 1995/96 fiscal year which replaces the block
grant programs of the Department of Youth and Family Services.
Roanoke County is scheduled to receive $399,799 for FY 1996/97
and $506,134 for FY 1997/98. The regulations require that the
774
November 19,1996
monies must be used for youths who have been before the Juvenile
Court or an intake officer. Monies remaining at the end of the
first fiscal year of the biennium may be carried forward to the
second year but unspent monies at the end of the second year must
be returned to the state.
He stated that it is planned for
$244,466 to be allocated for group residential care, such as
Youth Haven I, Youth Haven II, Drug and Alcohol programs. He
asked that the Board adopt a resolution accepting the grant
monies for the two years and appropriating the monies as listed
in the resolution.
Supervisor Johnson moved to adopt the resolution. The
motion carried by the following recorded vote:
AYES:
supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS:
None
RESOLUTION 111996-7 APPROVING APPROPRIATION AND
PRIORITIZING THE EXPENDITURES OF FUNDS FOR FY96-97 AND
FY97-98 FROM THE JUVENILE COMMUNITY CRIME CONTROL ACT
WHEREAS, the County of Roanoke has been advised that it
will receive monies from the Virginia Juvenile Community Crime
control Act in the amount of $399,799 for FY 1996-97 and $506,134
for FY 1997-98, and
WHEREAS, these monies must be used to fund services for
the target populations identified in the Act which include CHINS
(Children in need of services), CHINSUP (Children in need of
Supervision), Delinquent, Diverted, and First Offender children,
and
WHEREAS, the County staff has coordinated wi th the
Director of the Court Service unit and the Judges of the Juvenile
and Domestic Relations Court to determine the services necessary
to address the needs of the children appearing before the Court
and before the intake officers, and
WHEREAS,
the
services
of
Electronic Monitoring,
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November 19,1996
7!15
Intensive Probation, Community Services programs, Probation Aide
Services, and the purchase of services for Outreach Detention,
Crisis Intervention, and group residential care have been
identified as the highest priority needs for the targeted
population of Roanoke County appearing before the court and the
intake officers.
NOW, THEREFORE BE IT RESOLVED by the
Supervisors of Roanoke County that the VJCCCA monies
accepted for the biennium 1996-98 and said monies in
of $399,799 for FY 1996-97 and $506,134 for FY 1997-98
appropriated for the above referenced programs.
Board of
are hereby
the amount
are hereby
On motion of Supervisor Johnson t:o adopt the
resolution, and carried by the following recorded vote:
AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS: None
(b) Family Preservation Act and outline of the Family
Friends
Program.
(John
Chambliss.
Assistant
Administrator)
A-111906-8
Mr. Chambliss described the Family Preservation Act
program which requires joint planning between the State and the
Federal governments and implementation of a five year plan. In
order to qualify for the monies, the County was required to
perform a needs assessment. The assessment which was done by the
Mental Health Association of the Roanoke Valley found a need
existed for respite care for families with Seriously Emotionally
Disturbed (SED) children, and that no other agency offered this
service to the Valley residents. The County implemented a pilot
program called Family Friends on September 14, 1996, which placed
a care giver in the home for a period of 4 to 48 hours per visit
to allow the parents and families a break in their own care
776
November 19, 1996
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giving. The parents share in the costs of this care on a sliding
scale basis. The care givers for the respite program are part of
the relief staff used and trained by Youth Haven II. Interest
has been expressed by the City of Roanoke, city of Salem, and
Botetourt Court for their residents to be included in this
program with these outside localities paying the full fare for
the services. It is staff's recommendation that the Board accept
the Family Preservation Act monies in the amount of $33,645 for
FY 1996/97; authorize expansion of the program to include four
year old SED children enrolled in high-risk pre-school programs;
and include program services to residents of the city of Roanoke,
City of Salem, and Botetourt County provided these localities or
families pay the full fare for the program.
supervisor Minnix moved to approve the staff
recommendation. The motion carried by the following recorded
vote:
AYES:
NAYS:
Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
None
L.. Request for resolution authorizing renewal of a
lease of real estate for parking facilities at the
Roanoke County Courthouse and Jail. (Elmer C.
Hodge. County Administrator) (CONTINUED FROM
OCTOBER 22. 1996)
A-111996-9 - Continued for thirty days
November 19. 1996
777
Mr. Hodge advised that the Courthouse was built without
consideration for parking and that the owner of the leased
property is not interested in selling it to the County. He
recommended that the Board approve the renewal of this lease for
another five years and within that time look for other solutions.
Supervisor Nickens stated that he did not believe the County was
obligated to provide parking ¡ that no more than 50% of the
citizens utilizing the Courthouse are from Roanoke County¡ and he
could not support renewing the lease for another five years at a
cost of $60,000 per year.
Supervisor Nickens moved to deny the staff
recommendation to renew the lease. The motion was defeated by
the following recorded vote:
AYES: Supervisors Minnix, Nickens
NAYS: Supervisors Eddy, Harrison, Johnson
Supervisor Johnson asked that the staff reopen
negotiations and consider a one-year lease. Supervisor Minnix
moved to continue this item for thirty days to allow staff to re-
negotiate the lease. The motion carried by the following
recorded vote:
AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS: None
~ Presentation of claim for $500.000 from Estate of
Thomas F. Faucher. Jr. (Paul Mahoney. County
778
November 19, 1996
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Attorney)
A-111996-10
Mr. Mahoney advised that this is a claim against the
County from Thomas F. Faucher, Administrator of the Estate of
Thomas Frederick Faucher, Jr., for a wrongful death which
allegedly occurred by reason of the negligence and actions of the
County, its officers, agents or employees. The incident occurred
on April 21, 1996, when Scott C. Allman collided with the
automobile operated by Thomas F. Faucher, Jr. at the intersection
of Plantation Road and Williamson Road, and resulted in the death
of Mr. Faucher and two other people. The fatal collision
occurred after a lawful pursuit by County Police officers had
been terminated. Mr. Allman pled guilty to the offenses that
arose from this incident, including manslaughter of the three
people killed as a result of his actions, and was recently
sentenced to prison. Mr. Mahoney stated that Mr. Allman is
responsible for this tragedy and asked that the Board deny the
claim so that the claimant may pursue his remedies in court.
supervisor Johnson moved to deny the claim. The motion
carried by the following recorded vote:
AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS: None
IN RE:
REQUESTS FOR WORK SESSIONS
It was the consensus of the Board to set a work session
November 19,1996
779
for an update on the Comprehensive Plan for December 17, 1996,
and set a briefing on the Spring Hollow Recreation Master Plan
for December 3, 1996.
FIRST READING OF ORDINANCES
~ Ordinance authorizing the creation of and
financing for a local public works improvements
project. Trevilian Road Water project. (Gary
Robertson. utility Director) (Staff report by Paul
Mahoney. County Attorney)
Mr. Mahoney advised that this is a first: reading of an
ordinance to implement the action taken by the Board on October
8, 1996, for an emergency water line extension for Trevilian
Road, and to establish a special service area for the project.
The second reading is scheduled for December 3, 1996.
Supervisor Johnson moved to approve the first reading
and set the second reading for December 3, 1996. The motion
carried by the following recorded vote:
AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS: None
IN RE:
.2...... Ordinance for authorization to vacate a portion of
an existing 20-foot water line easement and to
accept a relocated portion of same easement.
located across Lots 27 and 28. Block 1. Revised
7-8A-
November 19,1996
Plat of the Orchards. ~plewood. Section 9. (Gary
Robertson. utility Director) (Staff report by
Arnold Covey)
Mr. Covey advised that the house was planned and
designed to be built outside of the County's easement, and there
was space available to do this. However, due to a request by the
owners to an uninformed builder on the site for a change, the
house encroaches onto the County's easement by about four feet.
In response to Supervisor Nickens' concern about another builder
having to relocate a house because it was built too close to a
street, supervisor Johnson advised that the other situation
involved a zoning violation and was decided by the Board of
Zoning Appeals. Mr. Covey advised that the facts are different
in this case where a mistake was made. Supervisor Johnson asked
Mr. Covey to convey to the builder that they should stri ve to
comply with all requirements in the future to avoid bringing such
situations to the Board.
Supervisor Johnson moved to approve the first reading
and set the second reading for December 3, 1996. The motion
carried by the following recorded vote:
AYES: supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS: None
IN RE:
APPOINTMENTS
~ Blue Ridge community Services Board of Directors
November 19,1996
181
Supervisor Eddy asked that this item be continued until
the next meeting so that the Clerk to the Board could contact
BRCS for additional information concerning the appointment.
.2...... Disability Services Board
Supervisor Eddy nominated John M. Chambliss, Jr. to
serve a three year term which will expire December 31, 1999.
~ Roanoke County Planning Commission.
Supervisor Eddy nominated Al G. Thomason, Sr., Windsor
Hills District, to serve another four year term which will expire
December 31, 2000.
IN RE:
CONSENT AGENDA
R-111996-11: R-111996-11.a: R-111996-11.b: R-111996-11.c and R-
111996-11.d
Supervisor Minnix moved to adopt the Consent Resolution
absent item 1.
The motion carried by the following recorded
vote:
AYES:
Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS:
None
Supervisor Johnson moved to approve Item 1. The motion
carried by the following recorded vote:
AYES: Supervisors Minnix, Harrison, Nickens, Johnson
NAYS: None
ABSTAIN: Supervisor Eddy
RESOLUTION 111196-11 APPROVING
CERTAIN ITEMS SET FORTH ON THE
AGENDA FOR THIS DATE DESIGNATED
AGENDA
AND CONCURRING IN
BOARD OF SUPERVISORS
AS ITEM L - CONSENT
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November 19. 1996
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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 November 19, 1996, designated as Item L -
Consent Agenda be, and hereby is, approved and concurred in as to
each item separately set forth in said section designated Items 1
through 7, inclusive, as follows:
1. Approval of minutes - October 8, 1996, October 22,
1996 (Joint meeting with Salem City Council,
October 22, 1996 (regular meeting), November 4,
1996 (Joint meeting with Roanoke City Council.
2. Request for acceptance of Valley Avenue and
Pinkard Street into the Virginia Department of
Transportation Secondary System.
3. Request for acceptance of Appletree Drive,
Plantation Grove Lane and Dresden Lane into the
Virginia Department of Transportation Secondary
System.
4.
Request for acceptance of Walton Lane
Virginia Department of Transportation
system.
into the
Secondary
5. Request for acceptance of extension of Christopher
Drive into the Virginia Department of
Transportation Secondary System.
6. Acceptance of Sanitary Sewer Facilities Serving
Oechslin Subdivision.
7. Designation of agent for County of Roanoke to
obtain Federal and State financial assistance for
damages during Hurricane Fran on September 6,
1996.
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 Minnix to adopt the Consent
Resolution absent Item 1, and carried by the following recorded
vote:
AYES:
NAYS:
supervisors Eddy, Minnix, Harrison, Nickens, Johnson
None
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November 19, 1996
7æ
carried
AYES:
NAYS:
ABSTAIN:
On motion of Supervisor Johnson to approve Item
by the following recorded vote:
Supervisors Minnix, Harrison, Nickens, Johnson
None
Supervisor Eddy
1, and
RESOLUTION 111996-11.a REQUESTING ACCEPTANCE OF VALLEY
AVENUE AND PINKARD STREET INTO THE VIRGINIA DEPARTMENT
OF TRANSPORTATION SECONDARY SYSTEM.
WHEREAS, the streets described below were established
before July 1, 1986, and currently serve at least 3 families per
mile, and
WHEREAS, the Virginia Department of Transportation has
deemed this county's current subdivision control ordinance meets
all necessary requirements to qualify this county to recommend
additions to the secondary system of state highways, pursuant to
§33.1-72.1, Code of Virginia, and
WHEREAS, after examining the ownership of all property
abutting this street, this Board finds that speculative interest
does not exist.
NOW, THEREFORE, BE IT RESOLVED, this Board requests the
following street be added to the secondary system of state
highways, pursuant to §33.1-72.1(D), Code of Virginia:
Name of Street: Valley Avenue Length: 0.05 miles.
From: 0.02 miles SW of the intersection of SR 878 with SR 862.
To: a turnaround, 0.07 miles SW of the intersection SR 878 with
SR 862.
Guaranteed Right-of-Way Width: 40 feet.
Plat Recorded, Date: April 16, 1926, Plat Book 1, Page 363, in
the Roanoke County Clerk's Office.
Name of Street: Pinkard Street Length: 0.04 miles.
From: the intersection of SR 878 & SR877.
To: a turnaround, 0.04 miles SW of the intersection SR 878 & SR
877.
Guaranteed Right-of-Way Width: 40 feet.
Plat Recorded, Date: April 16, 1926, Plat Book 1, Page 363, in
the Roanoke County Clerk's Office.
BE IT FURTHER RESOLVED, this Board guarantees a clear
and unrestricted right-of-way, as described, and any necessary
easements for cuts, fills and drainage, and
BE IT FURTHER RESOLVED, this Board requests the
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November 19, 1996
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Virginia Department of Transportation to improve said street to
the prescribed minimum standards, funding said improvements
pursuant to §33.1-72.1(D), Code of Virginia, and
BE IT FURTHER RESOLVED, that a certified copy of this
resolution be forwarded to the Resident Engineer of the Virginia
Department of Transportation.
Recorded Vote
Moved By: Supervisor M~nnix
Seconded By: None Required
Yeas: SQpervisors Eddy, Minnix, Harrison, Nickens, Johnson
Nays: ~
RESOLUTION 111996-11.b REQUESTING ACCEPTANCE OF
APPLETREE DRIVE, PLANTATION GROVE LANE AND DRESDEN LANE
INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION
SECONDARY SYSTEM.
WHEREAS, the streets described on the attached
Additions Form SR-5(a), fully incorporated herein by reference,
are shown on plats recorded in the Clerk's Office of the circuit
Court of Roanoke County, and
WHEREAS, the Resident Engineer for the Virginia
Department of Transportation has advised this Board the streets
meet the requirements established by the Subdivision Street
Requirements of the Virginia Department of Transportation, and
NOW, THEREFORE, BE IT RESOLVED, this Board requests the
Virginia Department of Transportation to add the streets
described on the attached Additions Form SR-5(A) to the secondary
system of state highways, pursuant to §33.1-229, Code of
virginia, and the Department's Subdivision Street Requirements ..
and
BE IT FURTHER RESOLVED, this Board guarantees a clear
and unrestricted right-of-way, as described, and any necessary
easements for cuts, fills and drainage, and
BE IT FURTHER RESOLVED, that a certified copy of this
resolution be forwarded to the Resident engineer for the Virginia
Department of Transportation.
Recorded Vote
Moved By: SQpervisor Minnix
Seconded By: None Required
Yeas: supervisors Eddy. Minnix. Harrison. Nickens/ Johnson
Nays: lIQn.g
November 19,1996
785
RESOLUTION 111996-11.c REQUESTING ACCEPTANCE OF WALTON
LANE INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION
SECONDARY SYSTEM.
WHEREAS, the streets described on the attached
Additions Form SR-S(a), fully incorporated herein by reference,
are shown on plats recorded in the Clerk's Office of the Circuit
Court of Roanoke County, and
WHEREAS, the Resident Engineer for the Virginia
Department of Transportation has advised this Board the streets
meet the requirements established by the Subdivision Street
Requirements of the virginia Department of Transportation, and
NOW, THEREFORE, BE IT RESOLVED, this Board requests the
Virginia Department of Transportation to add the streets
described on the attached Additions Form SR-S(A) to the secondary
system of state highways, pursuant to §33.1-229, Code of
Virginia, and the Department's Subdivision Street Requirements.
and
BE IT FURTHER RESOLVED, this Board guarantees a clear
and unrestricted right-of-way, as described, and any necessary
easements for cuts, fills and drainage, and
BE IT FURTHER RESOLVED, that a certified copy of this
resolution be forwarded to the Resident engineer for the Virginia
Department of Transportation.
Recorded Vote
Moved By: SQpervisor Minnix
Seconded By: None Required
Yeas: SQpervisors Eddy. Minnix, Harrison, Nickens/ Johnson
Nays: HQng
RESOLUTION 111996-11.d REQUESTING ACCEPTANCE OF THE
EXTENSION OF CHRISTOPHER DRIVE INTO THE VIRGINIA
DEPARTMENT OF TRANSPORTATION SECONDARY SYSTEM.
WHEREAS, the streets described on the attached
Additions Form SR-S(a), fully incorporated herein by reference,
are shown on plats recorded in the Clerk's Office of the Circuit
Court of Roanoke County, and
WHEREAS, the Resident Engineer for the Virginia
Department of Transportation has advised this Board the streets
meet the requirements established by the Subdivision Street
Requirements of the Virginia Department of Transportation, and
786
November 19, 1996
NOW, THEREFORE, BE IT RESOLVED, this Board requests the
virginia Department of Transportation to add the streets
described on the attached Additions Form SR-S(A) to the secondary
system of state highways, pursuant to §33.1-229, Code of
Virginia, and the Department's Subdivision street Requirements,
and
BE IT FURTHER RESOLVED, this Board guarantees a clear
and unrestricted right-of-way, as described, and any necessary
easements for cuts, fills and drainage, and
BE IT FURTHER RESOLVED, that a certified copy of this
resolution be forwarded to the Resident engineer for the Virginia
Department of Transportation.
Recorded Vote
Moved By: Supervisor Minnix
Seconded By: None Required
Yeas: Supervisors Eddy, Minnix, Harrison, Nickens. Johnson
Nays: ~
IN RE:
REPORTS AND INQUIRIES OF BOARD MEMBERS
supervisor Eddy: (1) He asked about the status of
Augusta County's request for support of the state bill
establishing escrow accounts for maintenance of storm water
management. Mr. Mahoney will include this in the legislation
program. (2) He asked about the status of the Virginia Board of
Forestry's request for support of a bill which states that
unreasonable ordinances restricting forestry cannot be passed by
the locality. Mr. Mahoney recommended that this bill be opposed.
(3) He requested that staff attend the December 4, 1996 Business
Professional Operators License (BPOL) public hearing being held
in Roanoke County Administration Center. Mr. Hodge advised that
he would attend.
It was the consensus of the Board that the
posi tion previously stated by the Board still applies: oppose
November 19, 1996
781
elimination of BPOL unless replaced by something else. (4) He
received a memorandum from Joe Obenshain about setting up a Board
of Appeals for the Fire Prevention Code. Mr. Hodge will bring
back a recommendation at the next meeting (December 3, 1996).
(5) He asked about the status of the proposed meeting with the
School Blue Ribbon Committee. It was the consensus of the Board
that a complete set of evaluations should be furnished to the
Board before any meeting, and that Mr. Hodge will discuss the
purpose of the meeting with Dr. Gordon. (6) He asked for reaction
to the information that the recycling truck has broken down and
the County is not recycling glass. Mr. Hodge advised that Bill
Rand will report on this at one of the December meetings. (7) He
asked about the status of the policy for contributions to local
teams that win state championships. Mr. Hodge will bring back a
policy with general guidelines at one of the December meetings.
SQpervisor Minnix: (1) He asked if there was any
interest in pursuing the possibility of leaf pickup and
vacuuming. There were no comments from any of the Board members.
(2) He asked when a decision will be made on the location of the
Social Services Department. Mr. Hodge will report back in
thirty days (December 17, 1996). (3) He asked that Mr. Hodge and
Pete Haislip respond to a letter from a citizen about the
condition of a ditch in a recreation field. (4) He reported on
the Audit Committee Meeting held earlier today.
supervisor Harrison: (1) He advised of a citizen's
788
November 19, 1996
,-
concern about the safety of Harborwood Lane and Diuguids Lane in
front of Hancock Steel, and asked that the staff investigate
getting another 30 mph sign located opposite Hancock Steel. (2)
He asked for a report from Gary Robertson about the status of the
transmission lines.
(3) He congratulated Coach Dennis Layman
upon his retirement.
supervisor Johnson:
(1) He announced the ground
breaking at the Airport which is set for tomorrow at 10 a.m. for
the expansion of the cargo ramp.
(2) He advised that he will
talk with Mr. Hodge later about scheduling other work sessions.
IN RE:
REPORTS
supervisor Nickens moved to receive and file the
following reports after discussion of Items 4 and 7 and granting
Board concurrence on Item S that Mr. Hodge may expand the program
to include teams and departments.
The motion carried by a
unanimous voice vote.
L.
~
General Fund Unappropriated Balance
capital Fund Unappropriated Balance
~ Board contingency Fund
h Report on use of 1995-96 departmental rollover
funds
~ Report on Employee Incentive Fund
~ Accounts Paid - October 1996
~ Report of operations for year ended June 30. 1996
November 19, 1996
789
L.. statement of ~he Treasurer's Accountability per
Investments and Portfolio POlicy, as of October
31. 1996
IN RE:
EXECUTIVE SESSION
At 5:20 p.m., Supervisor Nickens moved to go into
Executive Session pursuant to the Code of Virginia Section 2.1-
344 A (7) Consultation with legal counsel pertaining to probable
litigation, (a) Sheriff Holt v. State Compensation Board¡ and (b)
Americans with Disabilities Act;
Section
2.1-344 A
(3)
Disposition of publicly held real estate, namely well loti and
Section 2.1-344 A (7) Consultation with legal counsel pertaining
to possible condemnation, Vest property.
the following recorded vote:
The motion carried by
AYES:
Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS:
None
IN RE:
CERTIFICATION OF EXECUTIVE SESSION
R-111996-12
At 7: 00 p. m., Supervisor Johnson moved to return to
open session and adopt the Certification Resolution. The motion
carried by the following recorded vote:
AYES:
Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS:
None
RESOLUTION 111996-12 CERTIFYING EXECUTIVE MEETING WAS
HELD IN CONFORMITY WITH THE CODE OF VIRGINIA
WHEREAS, the Board of Supervisors of R.oanoke County,
Virginia has convened an executive meeting on this date pursuant
790-
November 19,1996
to an affirmative recorded vote and in accordance with the
provisions of The Virginia Freedom of Information Act¡ and
WHEREAS, section 2 . 1- 344. 1 of the Code of Virginia
requires a certification by the Board of Supervisors of Roanoke
County, Virginia, that such executive meeting was conducted in
conformity with Virginia law.
NOW, THEREFORE, BE IT RESOLVED, that the Board of
Supervisors of Roanoke County, Virginia, hereby certifies that,
to the best of each members knowledge:
1. Only public business matters lawfully exempted from
open meeting requirements by Virginia law were discussed in the
executive meeting which this certification resolution applies,
and
2. Only such public business matters as were
identif ied in the motion convening the executive meeting were
heard, discussed or considered by the Board of Supervisors of
Roanoke County, Virginia.
On motion of
Certification Resolution,
vote:
AYES:
NAYS:
Supervisor Johnson to adopt the
and carried by the following recorded
Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
None
IN RE:
ADDITION TO AGENDA
By consensus of the Board, Chairman Johnson added a new
business item at the end of the evening session requesting
authorization to pay Earth Environmental Consultants, Inc. for
investigation of the Roanoke County Courthouse and Roanoke County
Administration Center.
IN RE:
PUBLIC HEARINGS
~ Public Hearing and adoption of a resolution
pursuant to section 15.1-236 and 238 and Title 25
of the Code of Virginia. concerning acquisition of
November 19, 1996
791
and immediate right-of-entry by eminent domain
proceedings to a one acre parcel of land located
at the intersection of U. S. Route 11/460 and
state Route 858. being owned by Randolph H. Vest.
Jr. and Linda C. Vest. (Paul Mahoney. County
Attorney)
R-111996-13
Mr. Mahoney advised that this is a public hearing to
authorize condemnation proceedings against a one-acre parcel of
real estate owned by Mr. and Mrs. Vest which is needed for
certain road improvements. The estimated market value of the
property is $40,000 and an offer of $45,000 has been made to
expedi te the process and avoid condemnation proceedings. The
owners have declined the offer and Mr. Mahoney asked that the
Board go forward with eminent domain proceeding to gain immediate
right of entry to start the road improvements projects.
Mr. Marc James Small, 713 First street, SW, Roanoke, VA
24016, attorney for Mr. and Mrs. Vest, advised that the property
was purchased less than a year ago for $39,000. for commercial
development and the owner has tried to comply with all of the
County's ordinances for the best use of the property. He asked
that the Board decline to approve the condemnation.
Mr. Randolph H. Vest, Jr., 4731 Little Bear Road,
Salem, VA, 24153, described his search for suitable property to
develop and the events that have occurred since he purchased the
792
November 19, 1996
-
property.
After his unsuccessful effort to have it rezoned in
April, he obtained a building permit for an industrial building.
In response to Supervisor Nickens' inquiry, he advised that he
does not plan to let the building permit expire after one year
but will have the building ready for occupancy within
approximately four to six months.
There was no further discussion.
Supervisor
Johnson
moved to adopt the resolution.
The motion carried by the
following recorded vote:
AYES:
Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS:
None
After the motion was made but before the vote,
Supervisor Harrison explained that he would support the request
for condemnation because the property is located in the
industrial corridor along 460 but does not plan to support future
efforts directed at property outside the corridor.
RESOLUTION 111996-13 PURSUANT TO TITLE 25 AND SECTIONS
15.1-236 AND 15.1-238 OF THE CODE OF VIRGINIA, 1950 (AS
AMENDED), AUTHORIZING THE ACQUISITION OF A 1-ACRE
PARCEL OF LAND FROM RANDOLPH H. VEST, JR., AND LINDA C.
VEST FOR THE COUNTRY FARM ROAD IMPROVEMENT PROJECT BY
EMINENT DOMAIN PROCEEDINGS
BE IT RESOLVED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That the Country Farm Road Improvement proj ect,
including turn lanes, road widening, road improvements, and
extension of Country Farm Road to intersect with Garman Road, and
facilities related thereto, is hereby approved in connection with
a project in the Glenvar area and to provide a safer and more
usable roadway for the citizens of Roanoke County.
-..
November 19, 1996
7~
-
2. That the proj ect is necessary for the general
health, safety and welfare of the public, and specifically will
provide an improved access to and from Route 11/460 for the
property owners along Country Farm Road and Garman Road and the
general public.
3. That acquisition of a certain parcel of land,
consisting of 1.00 acre and located at the intersection of Route
11/460 and the existing Country Farm Road, is necessary for
construction of the turn lanes, road widening, road improvements,
and related facilities for Country Farm Road.
4. That the parcel of land required for this project
is owned by Randolph H. Vest, Jr. and Linda C. Vest and is
identified by the following legal description:
All that certain lot or parcel of land, together with any
improvements thereon, rights incident thereto, and. appurtenances
thereunto belonging, situate in the Catawba Magist.erial District
of Roanoke County, Virginia, and being more particularly
described as follows:
BEGINNING at a point on the southerly side of U. S. Route No. 11,
at the intersection of the southerly side of said Route 11 and
the eastern side of Virginia Secondary Route No. 858; thence
along the southerly side of U. S.Route No. 11, N. 62°30' E.
160.00 feet to an iron pin set; thence with a division line
through the remaining property of L. D. Hill Company, Inc. (D.B.
1281, pg. 1471), S. 27° 30' E. 272.25 feet to an iron pin set;
thence with another division line through the aforesaid property
of L. D. Hill Company, Inc. S. 62° 30' E. 160.00 feet to an iron
pin set; thence the eastern line of Virginia Secondary Route No.
858, N. 27° 30' W. 272.5 feet to an iron pin, being the point and
place of BEGINNING, and containing 1.00 acre, as shown on plat
entitled 'Plat of Survey Land Being Conveyed To John D. Mayhew &
Ocie L. Mayhew' dated May 22, 1990, prepared by C. E. Lacy, Jr.,
certified Land Surveyor, said plat being recorded in the Clerk's
Office of the Circuit Court of Roanoke County, Virginia, in Deed
Book 1324, page 421, a copy of which is attached hereto as
Exhibi t A. Said parcel of land is designated on the Roanoke
County Land Records as Tax Map No. 55.03-3-1.1. This being all
of the same property conveyed to Randolph H. Vest, Jr., and Linda
C. Vest, husband and wife, by deed dated April 23, 1996, from
John D. Mayhew and Ocie L. Mayhew, of record in the aforesaid
Clerk's Office in Deed Book 1505, page 577.
5. That the fair market value of the property is
$40,000.00. The sum of $45,000.00 has been offered and is hereby
re-offered to the property owners for purchase of fee simple,
marketable title to the above-described parcel by the Board of
794
November 19,1996
-
Supervisors of Roanoke County, Virginia.
6. That it is immediately necessary for the County to
enter upon and take possession of such property and commence
construction of said road improvements in order to more
adequately serve the needs of the citizens of Roanoke County and
to institute and conduct appropriate condemnation proceedings as
to the above-described property as provided by law.
7. That a certified copy of this resolution, to be
sent by certified mail to Randolph H. Vest, Jr., and Linda C.
Vest on or before November 22, 1996, shall constitute notice to
said property owners of the offer to purchase as set forth above
and the intent to enter upon and take possession of said property
to commence construction, as provided for in Section 15.1-238 of
the Code of Virginia, 1950 (as amended).
8. That the Board does hereby invoke all and singular
the rights, privileges, and provisions as to the vesting of
powers in the County under the Virginia General Condemnation Act
(§25-46.1, ~ ~., of the Code of Virginia, 1950, (as amended),
and Sections 15.1-236 and 15.1-238, all as made and provided by
law.
9. That the County Administrator, or an Assistant
County Administrator, and the County Attorney are hereby
authorized to execute such documents and take such actions as may
be necessary to accomplish this acquisition through eminent
domain proceedings, or otherwise.
10. That this resolution shall be effective on the
date of its adoption and the property owners shall have thirty
days from said date within which to contest this taking and
immediate right of entry as provided in section 15.1-238.B. and
D. of the Code of Virginia, 1950 (as amended).
On motion of Supervisor Johnson to adopt the
resolution, and carried by the following recorded vote:
AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS: None
IN RE:
PUBLIC HEARING AND SECOND READING OF ORDINANCES
k Ordinance authorizing a Special Use Permit to
replace an existing communications tower. located
approximately 1.75 miles from the intersection of
November 19, 1996
795
Honeysuckle Road and Poor Mountain Road. Windsor
Hills Magisterial District upon the petition of
Norfolk Southern Railway. (Terry Harrington.
Planning and Zoninq Director)
0-111996-14
Mr. Harrington advised that this is a request for a
special use permit to allow the replacement of an existing 112
foot broadcasting tower located at the top of Poor Mountain. The
existing tower is currently used for combination of whip
antennas, and up to six disk antennas are on the structure. It
is proposed to replace that 112 feet tower with a tower that
would not exceed 170 feet with the whip antennas, and up to ten
microwave circular disks. The Planning Commission has
recommended approval of this request with the condition that the
new tower not exceed 170 feet in height.
Supervisor Eddy advised that the condition of
Honeysuckle Road is poor and inquired about the possibility that
the petitioner and other tower owners might be able to finance
improvements for the road. Mr. Harrington advised that no one
has expressed any concern about the condition of the road.
Supervisor Johnson suggested that staff contact; everyone with
property rights to determine if they would be interested in a
shared maintenance agreement for the road.
Mr. Warren S. Neily, Jr., P. o. Box 43, Blacksburg,
attorney representing the Norfolk Southern Railroad, asked that
7-%
November 19, 1996
-
the Board act favorable up on the request. In response to
Supervisor Eddy's inquiry about improving the access road, Mr.
Bob Wilson, 1886 Murrell Avenue, Salem, representing Norfolk
Southern Railroad, advised that the road compares favorably with
roads to their other sites, and they would be willing to share
maintenance costs but not the entire responsibility.
Supervisor Eddy moved to approve the special permit and
adopt the ordinance.
The motion carried by the following
recorded vote:
AYES:
Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS:
None
ORDINANCE 111996-14 GRANTING A SPECIAL USE PERMIT TO
NORFOLK SOUTHERN RAILWAY TO REPLACE AN EXISTING
COMMUNICATIONS TOWER LOCATED APPROXIMATELY 1.75 MILES
FROM THE INTERSECTION OF HONEYSUCKLE ROAD AND POOR
MOUNTAIN ROAD (TAX MAP NO. 93.00-1-44), WINDSOR HILLS
MAGISTERIAL DISTRICT
WHEREAS, Norfolk Southern Railway has filed a petition
to replace an existing communications tower on property owned by
James L . Woltz and located approximately 1.75 miles from the
intersection of Honeysuckle Road and Poor Mountain Road (Tax Map
No. 93.00-1-44) in the Windsor Hills Magisterial District; and
WHEREAS, the Planning Commission held a public hearing
on this matter on November 4, 1996; and
WHEREAS, the Board of Supervisors of Roanoke County,
Virginia, held a first reading on this matter on October 22,
1996¡ the second reading and public hearing on this matter was
held on November 19, 1996.
NOW, THEREFORE BE IT ORDAINED by the Board of
Supervisors of Roanoke County, Virginia, as follows:
1. That the Board
special use permit to Norfolk
existing communications tower on
and located approximately 1. 75
finds that the granting of a
Southern Railway to replace an
property owned by James L. Woltz
miles from the intersection of
November 19, 1996
797
Honeysuckle Road and Poor Mountain Road (Tax Map No. 93.00-1-44)
in the Windsor Hills Magisterial District is substantially in
accord with the adopted 1985 Comprehensive Plan pursuant to the
provisions of § 15.1-456 (b) of the 1950 Code of Virginia, as
amended, and said special Use Permit is hereby approved with the
following condition:
1) The height of the tower is limited to 170 feet.
On motion of Supervisor Eddy to adopt the ordinance,
and carried by the following recorded vote:
AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS: None
~ Ordinance authorizing a Special Use Permit to
construct a communications tower and building.
located at the intersection of Route 311 and
Newport Road. Catawba Magisterial· District. upon
the petition of Ohio state Cellular Phone Co..
Inc. (Terry Harrington. planning and Zoning
Director)
0-111996-15
Mr. Harrington advised that this is a request for a
special use permit to construct a broadcasting tower for cellular
telephone service located on property owned by Mr. Buddie Garman
which is currently zoned AG-1, agricultural.
The tota I Garman
property is approximately 12 acres and the portion to be leased
is approximately 3,000 square feet.
The Federal Communications
Act of 1996 preserved local zoning authority in the siting of
broadcasting towers; however,
certain sections state that such
local regulations: (1) shall not unreasonably disc:riminate among
providers of functionally equivalent services and (2) shall not
798
November 19, 1996
-
prohibi t or have the effect of prohibiting the provisions of
personal wireless services. The Act also maintains that the FCC
has jurisdiction over radio frequency questions and issues, and
the Act requires that any locality make written findings for
approval or denial. In the AG-1 district, a special permit must
be approved prior to the installation of a broadcasting tower as
well as site plan approval, an erosion and sediment control
permit, a building permit and a new entrance permit. All of the
lands adjoining the property to the west are part of the
Jefferson National Forest as well as land opposite the property
to the east of Route 311. There are three significant
cultural/scenic resources in the vicinity of the tower site: (1)
the Appalachian Trail¡ (2) the Virginia Scenic Byway¡ and (3) a
major portion of the Catawba Valley has been determined to be
eligible for listing on the National Register of Historic Places
as a Rural Historic District. The Comprehensive Plan does not
directly address the issue of broadcasting cellular towers. The
Planning Commission has forwarded this information to the Board
wi th a tie vote on a recommendation to deny the special use
permit with recommended conditions.
Mr. Donald Maty, President of DanCell Corporation a
development company that has been contracted by United States
Cellular to help with the expansion of their market in the
Roanoke Valley, spoke on behalf of the petitioner. He explained
the purpose for the tower and described the considerable effort
November 19, 1996
799
-
they extended to find the best location to provide cellular
telephone coverage for the area.
The following citizens spoke in opposition to approving
the special use permit: (1) Paul McDaniel, 5882 Catawba Valley
Drive; (2) Robert Egbert, 3571 Bradshaw Road; (3) Jason Atkins,
2034 Memorial Avenue, presented petition with 329 signatures; (4)
Delbert Eyer, Blacksburg Road, proposed a delay until guidelines
are established; (5) Sharon Kennedy, 7388 Bending Oak Drive; (6)
Christian Peckman, 8131 Webster Drive; and (7) Anne Reynolds,
5895 Catawba Valley Drive.
Those speaking in favor of approving t:he special use
permit were: (1) willis Taylor, 5875 Catawba Valley Drive; (2)
Debbie Snead, Craig County; (3) William Rose, Craig County; and
(4) Dr. William C. Andersen, Jr., representing Craig County
Electronic Technology Project Task Force.
In response to Supervisor Johnson, Mr. Harrington
advised that the Board could impose a condition that if the tower
ceased to be used, the applicant or property owner would have to
remove the tower.
Mr. Maty advised that the petitioner has complied with
all of the federal guidelines and has worked with the Appalachian
Trail and the Forestry Service. He also stated that if
requested, they would commit to not putting microwave dishes on
the tower and would come back to the Board in the future if the
need ever arises. with regard to the number of dishes, he stated
800
November 19, 1996
-
that it was never their intention to put six dishes on the tower.
Supervisor Harrison moved to deny the special use
permit and attach to the record a written statement of facts and
conclusions dated November 19, 1996 to support the denial. The
motion carried by the following recorded vote:
AYES:
Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS:
None
Supervisors Harrison and Minnix advised that they felt
a policy is needed to provide guidelines for the placement of
towers.
Supervisor Nickens acknowledged the difficulty that
Craig County citizens experience because of their lack of
cellular telephone coverage and asked that the staff determine if
emergency services could provide assistance when necessary.
DENIAL OF ORDINANCE 111996-15 GRANTING A SPECIAL USE
PERMIT TO OHIO STATE CELLULAR PHONE CO., INC. TO
CONSTRUCT A COMMUNICATIONS TOWER AND BUILDING LOCATED
AT THE INTERSECTION OF ROUTE 311 AND NEWPORT ROAD (TAX
MAP NO. 13.00-1-55), CATAWBA MAGISTERIAL DISTRICT
WHEREAS, Ohio State Cellular Phone Co., Inc. has filed
a petition to construct a communications tower and building on
property owned by Buddy E. Garman and located at the intersection
of Route 311 and Newport Road (Tax Map No. 13.00-1-55) in the
Catawba Magisterial District; and
WHEREAS, the Planning Commission held a public hearing
on this matter on November 4, 1996; and
WHEREAS, the Board of Supervisors of Roanoke County,
Virginia, held a first reading on this matter on October 22,
1996; the second reading and public hearing on this matter was
held on November 19, 1996.
NOW, THEREFORE BE IT ORDAINED by the Board of
Supervisors of Roanoke County, Virginia, as follows:
On motion of Supervisor Harrison to deny the Special
November 19, 1996
8Dt
Use Permit and attach a statement of Fact and Conclusions to
support the denial, and carried by the following recorded vote:
AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS: None
FINDINGS OF FACT AND CONCLUSIONS
PETITION: Ohio state Cellular Phone Co.
FILE NO.: 32-11/96
Findings of Fact:
1.
The tower is proposed in the Catawba Valley area of
Roanoke County. This Valley is highly valued by its
residents and the residents of the County for its
unique rural qualities. The Catawba Valley is also the
only place in the nation where the Appalachian Trail,
National Forest, Virginia Scenic Byway, and the
Bicentennial Bicycle Trail intersect.
2.
The proposed site is adjacent to an area determined to
be eligible for listing on the Virginia and the
National Register of Historic Places as a Rural
Historic District.
3.
The proposed tower site adjoins property of the U.S.
Forest Service upon which the Appalachian Trail is
located. This trail ascends Cove Mountain after
crossing Newport Road and leads to Dragon I s Tooth, a
popular local attraction, lookout and technical
climbing site on the southern end of Cove Mountain.
The Appalachian Trail is designated a National Scenic
Trail and runs approximately 2,000 miles from Maine to
Georgia.
3.
The proposed tower, if erected as proposed, would be
visible from the Appalachian Trail for a distance of at
least 200 yards as one begins the assent of Cove
Mountain.
4.
The proposed tower is located on property which fronts
on virginia Route 311. Route 311 from Hanging Rock to
covington (via Route 159) in Allegheny County has been
designated by the Virginia Department of Transportation
as a Scenic Byway. This designation is awarded to
highway corridors that bypass major roads and offer the
traveler a diversity of visual experiences including
significant natural, historical and cultural resources.
802
November 19, 1996
--
-
5.
While the Scenic Byway designation is largely symbolic,
the corridor is identified on the Official state
Highway Map as an encouragement for tourists to seek
out these routes and to boost local pride and identity.
The proposed tower, if constructed, would be visible
for a distance of one to one and a half miles from the
highway, designated by VDOT as a Scenic Byway
diminishing the scenic quality of the corridor and
reducing the Scenic Byway's potential as a draw for
tourism in this region of the County and a boost in the
County's economic development.
6.
According to the applicant's comments at the Planning
Commission public hearing, Mr Maty stated that they
have just signed a contract with American Electric
Power (AEP) to attempt to use their communication and
power line towers on which to mount cellular antennas.
This cooperative agreement would eliminate the siting
of unnecessary towers, since towers are very expensive.
He also stated that in order to use AEP's towers, they
would need to identify their future needs and compare
them with AEP's existing facilities. This comparison
might take two years while the proposed tower would be
constructed upon approval.
The applicant's own comments would indicate that the
recent contract with AEP would create alternative
locations for cellular antennae in the Catawba Valley
wi thout requiring the proposed tower. These options
should be fully explored before a 190 foot tower
structure is erected in the proposed location.
7.
8.
Further, additional comments by the applicant's agent,
Mr. Chuck Riley, implied that only two sites, the
Catawba Hospital property and the proposed site, were
fully evaluated for the location of a cellular tower.
The site is located in the Rural Preserve land use
category. The policies that apply in this area do not
address communications/broadcasting towers. However,
the policies are generally supportive of preserving the
rural character and minimizing land use changes that
would detract from roads designated as scenic byways.
While not officially part of the Comprehensive Plan,
preliminary studies have pointed to an increased
awareness and concern with the quality of the County's
visual resources and the need to protect critical view
9.
November 19,1996
sæ
-
sheds.
~ Ordinance authorizing a special Use Permit to
construct a religious assembly facility located on
Edgebrook Road. 0.33 mile west of Thompson
Memorial Drive. Catawba Magisterial District. ~pon
the petition of Salem Church of God. (Terry
Harrington, Planning and zoning Director)
0-111996-16
Mr. Harrington advised that this is a request for a
special use permit to build a religious facility near the
intersection of Route 311 and Thompson Memorial Drive and
Interstate 81. The construction would take place in four phases
with the ultimate size of the building totaling 42,700 square
feet with a seating capacity not to exceed 1,000. This item was
on the Board's consent agenda in september, 1996, and was tabled
to give all parties concerned the opportunity to review the
proposal to determine if it would interfere with the proposed
widening of I-81 or any changes that may bE! made to the
interchange with I-81 and Route 311. VDOT estimated that only a
small portion of the property could be needed for interchange
improvements, and the site plan was subsequently modified
slightly to shift the facilities to the southwest. The Planning
commission voted to recommend the approval of the request with
conditions.
804
November 19, 1996
-
Mr. Jeff Parkhill, Hughes Associates architect, on
behalf of the petitioner, Salem Church of God, asked that the
special use permit be approved, and described the changes made to
the site plan. In response to Supervisor Nickens inquiry, Mr.
Parkhill advised that they would be willing to proffer general
conformance to the concept site plan as revised.
The following citizens spoke in opposition to the
approval of the special use permit: (1) John Kelly, 1441
Edgebrook Road; and (2) Dr. Robert Barber, 1469 Edgebrook Road.
Mr. Kelly advised that he and Dr. Barber would be willing to
purchase the property for the same amount that the church has
offered for a residential project.
Mr. Winton W. Shelor, 4348 Shelor Farm Lane, property
owner, explained that the property is zoned Residential; that he
has tried unsuccessfully to sell the property for years; that he
has been unsuccessful in having it rezoned for commercial use;
that he gave the church an option to buy last summer; and he
asked for approval of the special use permit.
Supervisor Harrison moved to deny the special use
The motion was defeated by the following recorded vote:
Supervisors Harrison, Johnson
Supervisors Eddy, Minnix, Nickens
There was considerable discussion concerning the
proffering of a buffer zone, how many feet would be included, if
permit.
AYES:
NAYS:
November 19, 1996
895
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the existing trees should remain to mitigate the noise, and
whether market values would be depreciated across the road from
the church. There was also discussion about the water and sewer
connections and parking.
supervisor Nickens moved to grant special use permit
with two additional conditions: (1) The site shall be developed
in general conformance with the submitted concept plan for Salem
Church of God, prepared by Hughes Associates, Architects, dated
July 16, 1996, and revised October 15, 1996. (2) A 25 foot buffer
yard shall be reserved along the Edgebrook Road property line,
and along all other property lines adjacent to R-1 zoning
districts.
No grading or disturbance of vegetation shall be
allowed within these required buffer yards, with the exception
that a single entrance as shown on the concept plan shall be
allowed to be constructed from Edgebrook Road. Type E option 2
landscape screening shall be installed, within all buffer yards
to sustain, supplement, and enhance the existing vegetation for
the purpose of buffering and protecting surrounding properties.
YES:
supervisor Eddy, Minnix, Nickens
NAYS:
Supervisor Harrison, Johnson
.ORDINANCE 111996-16 GRANTING A SPECIAL USE PERMIT TO D.
JEFFRY PARKHILL OF HUGHES ASSOCIATES ARCHITECTS, AGENT
FOR THE SALEM CHURCH OF GOD TO CONSTRUCT A RELIGIOUS
ASSEMBLY FACILITY LOCATED ON EDGEBROOK ROAD, 0.33 MILE
WEST OF THOMPSON MEMORIAL DRIVE (TAX MAP NO. 35.04-2-
54), CATAWBA MAGISTERIAL DISTRICT
806
November 19,1996
,-
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WHEREAS, D. Jeffry Parkhill of Hughes Associates
Architects, PC, Agent for Salem Church of God, has filed a
petition to construct a religious assembly facility on property
owned by winton Shelor, et also located on Edgebrook Road, 0.33
mile west of Thompson Memorial Drive (Tax Map No. 35.04-2-54) in
the Catawba Magisterial District; and
WHEREAS, the Planning Commission held a public hearing
on this matter on September 3, 1996; and
WHEREAS, the Board of Supervisors of Roanoke County,
Virginia, held a first reading on this matter on September 24,
1996; the second reading and public hearing on this matter was
held on November 19, 1996.
NOW, THEREFORE BE IT ORDAINED by the Board of
Supervisors of Roanoke County, Virginia, as follows:
1. That the Board finds that the granting of a
special use permit to D. Jeffry Parkhill of Hughes Associates
Archi tects, PC, Agent for Salem Church of God to construct a
religious assembly facility on property owned by Winton Shelor,
et als. loca ted on Edgebrook Road, O. 33 mi Ie west of Thompson
Memorial Drive (Tax Map No. 35.04-2-54) in the Catawba
Magisterial District is substantially in accord with the adopted
1985 Comprehensive Plan pursuant to the provisions of § 15.1-456
(b) of the 1950 Code of Virginia, as amended, and said Special
Use Permit is hereby approved with the following conditions:
1) Proposed I-81 right of way shall be reserved as
shown on the concept plan dated 10/15/96.
2) The total building footprint shall not exceed
50,000 square feet.
3) The site shall be developed in general conformance
with the submitted concept plan for Salem Church
of God, prepared by Hughes Associates, Architects,
dated July 16, 1996, and revised October 15, 1996.
4) A 25 foot buffer yard shall be reserved along the
Edgebrook Road property line, and along all other
property lines adjacent to R-1 zoning districts.
No grading or disturbance of vegetation shall be
allowed within these required buffer yards, with
the exception that a single entrance as shown on
the concept plan shall be allowed to be
constructed from Edgebrook Road. Type E option 2
November 19,1996
~
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landscape screening shall be installed, within all
buffer yards to sustain, supplement, and enhance
the existing vegetation for the purpose of
buffering and protecting surrounding properties.
with the
fOllowing
AYES:
NAYS:
On motion of Supervisor Nickens to
addition of Conditions #3 and #4,
recorded vote:
Supervisors Eddy, Minnix, Nickens
supervisor Harrison, Johnson
adopt the ordinance
and carried by the
.L. Ordinance vacating and closing a SO-foot
unimproved right-of-way referred to as Pettit
Avenue located north of the Intersection of Belle
Haven Road and Pettit Avenue for approximately 400
feet in length. recorded in Plat Book 3. Page 98.
and located in the Hollins Magisterial District.
(Arnold Covey.
Director of Engineering and
Inspections)
0-111996-17
Mr. Covey stated that there was no change since the
first reading of the ordinance. There was no discussion and no
citizens present to speak on this issue.
supervisor Johnson moved to adopt the ordinance. The
motion carried by the following recorded vote:
AYES:
Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS:
None
ORDINANCE 111996-17 VACATING AND CLOSING A 50-FOOT
UNIMPROVED RIGHT-OF-WAY REFERRED TO AS PETTIT AVENUE
LOCATED NORTH OF THE INTERSECTION OF BELLE HAVEN ROAD
(ROUTE 5057) AND PETTIT AVENUE FOR APPROXIMATELY 400
FEET IN LENGTH, AS RECORDED IN PLAT BOOK 3, PAGE 98,
~
November 19, 1996
-
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AND LOCATED IN THE HOLLINS MAGISTERIAL DISTRICT
WHEREAS, William L. and Margaret D. Brogan (Lot 1,
Block 5, Belle Haven), Robert A. English (Lot 8, Block 5, Belle
Haven, and Tract "c" Green Ridge), Garland Sheets (Lot 9, Block
5, Belle Haven), and William J. and Betty D. Watson (Lot 8, Block
3, Belle Haven), the petitioners, are owners of the above-
referenced properties as shown on the attached map prepared by
the Roanoke County Engineering and Inspections Department; and
WHEREAS, said lots are adjacent to an unimproved
section of Pettit Avenue between Belle Haven Road and the
property of Robert A. English and Garland E. Sheets; and
WHEREAS, the petitioners have requested that the Board
of Supervisors of Roanoke County, Virginia, vacate and close the
section of unimproved right-of-way referred to as Pettit Avenue
located north of the intersection of Pettit Avenue and Belle
Haven Road (Route 5057), measuring 50' feet in width and
approximately 400' in length, said right-of-way having been
created and shown on the Map of Belle Haven record as aforesaid
in Plat Book 3 at page 98; and
WHEREAS, Section 15.1-482 (b) of the 1950 Code of
Virginia, 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 Section
15.1-431 of the 1950 Code of Virginia, as amended, and a first
reading of this ordinance was held on October 8, 1996; and the
public hearing and second reading of this ordinance was held on
November 19, 1996.
BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That an unimproved section of a right-of-way,
situate in the Hollins Magisterial District and referred to as
Pettit Avenue, being 50 feet in width and extending approximately
400 feet in length, located north of the intersection of Pettit
Avenue and Belle Haven Road (Route 5057) as shown on the Map of
Belle Haven recorded in the Roanoke County Circuit Court Clerk's
Office in Plat Book 3 at page 98, be, and hereby is, vacated to
the extent that any public or County interest may exist, pursuant
to Section 15.1-482(b) of the 1950 Code of Virginia, as amended,
subject to the following conditions:
(a) That all costs and expenses associated herewith,
including but not limited to, publication costs, survey costs and
recordation of documents, shall be the responsibility of the
petitioners; and
November 19, 1996
8!W
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(b) That a 15' public utility easement is hereby
retained and reserved as shown on the attached plat prepared by
the Roanoke County Engineering & Inspections Department, together
with the right to provide maintenance to any existing public
utility facilities located within the 15' easement area, and
together with the right of ingress and egress thereto from a
public road; and
(c) That the vacated area of land shall be added and
combined, by deed or by plat, to the adjoining properties as
provided by law and the petitioners shall comply with the Roanoke
County Subdivision Ordinance, the Roanoke County Zoning
Ordinance, and other applicable laws, regulations, and
requirements, including recordation of the necessary documents,
in connection with this vacation or any subsequent subdivision of
the property.
2. That the Department of Engineering and Inspections
shall record a certified copy of this ordinance along with the
attached plat prepared by Roanoke County with the Clerk of the
Circuit Court of Roanoke County, Virginia, and t:he recordation
costs shall be payable by the petitioners.
3. That this ordinance shall be effective on and from
the date of its adoption. All ordinances or parts of ordinance
in conflict with the provisions of this ordinanGe be, and the
same hereby are, repealed.
On motion of Supervisor Johnson to adopt the ordinance,
and carried by the following recorded vote:
AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS: None
IN RE:
NEW BUSINESS
~
Authorization
to
pay
$14,015.45
to
Earth
Environmental
Consultants.
Inc.
For
organophosphates and carbamate investigation of
Roanoke County Courthouse and Roanoke County
Administration Center.
(Paul Mahoney. County
Attorney)
A-111996-18
811)
November 19,1996
-
environmental testing of the Roanoke County Courthouse and
Mr. Mahoney stated that this invoice is to pay for
Roanoke County Administration Center. This testing was necessary
because several individuals claim that they are disabled by a
multiple chemical sensitivity under the provisions of the
American Disabilities Act, and have been prevented from pursuing
a private lawsuit.
They felt that they would be exposed to
pesticides that were used by the County's exterminator
contractor.
The County staff hired an environmental testing
firm, and it was determined that the facilities would provide a
safe environment. He asked that the Board authorize paying the
invoice for $14,015.45.
motion carried by the following recorded vote:
Supervisor Nickens moved to approve the payment. The
AYES:
Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS:
None
IN RE:
ADJOURNMENT
Chairman Johnson declared the meeting adjourned at 9:40
p.m.
Submitted by,
Approved by,
~2~1~
Deputy Clerk
Bob L. Johnson
Chairman