HomeMy WebLinkAbout6/27/1989 - Regular
June 27, 1989
887
Roanoke County -Board of Supervisors
Roanoke Countý Administration Center
3738 Bramb1eton Avenue, SW
Roanoke, Virginia 24018
June 27, 1989
The Roanoke County Board of Supervisors of Roanoke
County, Virginia, met this day at the Roanoke County Administration
Center, this being the fourth Tuesday, and the second regularly
scheduled meeting of the month of June, 1989.
IN RE:
CALL TO ORDER
Chairman Garrett called the meeting to order at 3: 05 p.m.
The roll call was taken.
MEMBERS PRESENT:
Chairman Lee Garrett, Vice Chairman Richard
RObers, Supervisors Bob L. Johnson, Steven
A. McGraw, Harry C. Nickens
MEMBERS ABSENT:
Supervisor Bob L. Johnson (absent for the
afternoon session, present for the evening
session)
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June 27, 1989
STAFF PRESENT:
Elmer C. Hodge, County Administrator: John
M. Chambliss, Assistant County Administrator
for Human Services: John R. Hubbard,
Assistant County Administrator of Community
Services and Development: Don M. Myers,
Assistant County Administrator for Management
Services: Paul M. Mahoney, County Attorney,
Mary H. Allen, Deputy Clerk: Anne Marie
Fedder, Information Officer
IN RE:
OPENING CEREMONIES
The invocation was given by the Reverend Larry Sprouse,
Melrose Baptist Church. The Pledge of Allegiance was recited by
all present.
IN RE:
REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF
AGENDA ITEMS
Public Hearing 689-2, Bear Trap Inn Petition was
withdrawn. Public Hearing 689-3, Spradlin Petroleum petition was
continued to July 25, 1990.
Resolution of Congratulations to
Wayland Winstead was continued to the evening session.
IN RE:
PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND AWARDS
h Al fred C. Anderson to express appreciation for
support.
County Treasurer Alfred Anderson was present to thank
the Board members and staff for their support when he hosted the
Treasurer's Association of Virginia annual conference.
~ Resolution of Appreciation upon the retirement of
Georqe R. Wriqht.
June 27, 1989
88 9
R 6218'-1
Supervisor Nickens moved to adopt the prepared
resolution.
The motion was seconded by Supervisor McGraw and
carried by the following recorded vote:
AYES:
Supervisors Robers, McGraw, Nickens, Garrett
NAYS:
None
ABSENT:
Supervisor Johnson
RESOLUTION 62789-1 EXPRESSING THE
APPRECIATION OF THE BOARD OF
SUPERVISORS OF ROANOKE COUNTY TO
GEORGE R. WRIGHT FOR TEN YEARS OF
SERVICE TO ROANOKE COUNTY
WHEREAS, George R. Wright was first employed in July,
1979, as a Transportation Officer in the Corrections Division of
the Roanoke County Sheriff's Office: and
WHEREAS, George R. Wright has also served as a
Lieutenant/Assistant Chief Correctional Officer in the Corrections
Division, since June, 1984.
NOW, THEREFORE, BE IT RESOLVED that the Board of
Supervisors of Roanoke County expresses its deepest appreciation
and the appreciation of the citizens of Roanoke County to
GEORGE R. WRIGHT
for Ten years of capable, loyal and dedicated service to Roanoke
County.
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June 27, 1989
FURTHER, the Board of Supervisors does express its best
wishes to George R. Wright for a happy, restful and productive
retirement.
On motion of Supervisor Nickens, seconded by Supervisor
McGraw and carried by the following recorded vote:
AYES: Supervisors Robers, McGraw, Nickens, Garrett
NAYS: None
ABSENT: Supervisor Johnson
IN RE:
NEW BUSINESS
h Termination of aqreement between Roanoke County and
Corrugated Container Corporation
A-62789-2
~
Economic Development Director Timothy Gubala advised that
the agreement between Corrugated Container Corporation and Roanoke
County that sets out the conditions under which Southwest
Industrial Park may be developed will expire August 4, 1989. The
corporation does not wish to extend the agreement. Staff
recommended that the unsold tracts in the park be returned to
Corrugated Container Corporation after August 4, 1989.
There was no discussion of the issue.
Supervisor Robers moved to approve the staff
recommendation. The motion was seconded by Supervisor Nickens and
carried by the following recorded vote:
AYES: Supervisors Robers, McGraw, Nickens, Garrett
June 27, 1989
89 1
NAYS:
ABSENT:
None
Supervisor Johnson
~ Approval of 1990 Leqislative Recommendations.
Virqinia Association of Counties
A-62789-3
County Attorney Paul Mahoney reported that the Virginia
Association of Counties has requested that each locality submit
its legislative recommendations by July 1, 1989. He presented
several requests including a solid waste management program, one-
half cent local option sales tax and full funding of state mandated
programs: and requested authorization to communicate these
priorities to VACo.
Supervisor Nickens moved to approve these legislative
priorities. The motion was seconded by Supervisor Garrett and
carried by the following recorded vote:
AYES: Supervisors Robers, McGraw, Nickens, Garrett
NAYS: None
ABSENT: Supervisor Johnson
IN RE:
REQUESTS FOR WORK SESSIONS
h Reauest for Work Session on Julv 25. 1989 with the
Planninq Commission
A work session was set for August 8, 1989 to discuss
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June 27, 1989
economic development, Planning Commission priorities and Planning
Commission work program.
IN RE:
FIRST READING OF ORDINANCES
.L.. Ordinance authorizing the conveyance of 26.742 acres
of real estate (North Lakes Property) to the Roanoke County School
Board.
Mr. Mahoney presented the staff report. There were no
citizens present to speak on this ordinance.
Supervisor Nickens moved to approve first reading of the
ordinance. The motion was seconded by Supervisor McGraw and
carried by the following recorded vote:
AYES: Supervisors Robers, McGraw, Nickens, Garrett
NAYS: None
ABSENT: Supervisor Johnson
h Ordinance authorizinq the acceptance and acquisition
of 6 acres of real estate (Southview) from the Roanoke County
School Board. and further. authorizing the conveyance of 2.281
acres of real estate beinq a portion thereof. to the Commonwealth
of Virqinia.
Mr. Mahoney presented the staff report. He advised that
the donation of land to the Commonwealth of Virginia will be used
June 27, 1989
893
to construct a new forensics laboratory. No citizens were present
to speak.
In response to a question from Supervisor Nickens, Mr.
Mahoney advised he will add a five year reversionary clause should
the forensic lab not be built.
Supervisor Nickens moved to approve first reading of the
ordinance amended to include a reversionary clause with a five-
year time frame. The motion was seconded by Supervisor McGraw and
carried by the following recorded vote:
AYES: Supervisors RObers, McGraw, Nickens, Garrett
NAYS: None
ABSENT: Supervisor Johnson
IN RE:
SECOND READING OF ORDINANCES
h Ordinance appointinq a separate individual to hold
the position of Clerk to the qoverninq bodY and to perform certain
duties as specified.
0-62789-4
Mr. Hodge presented the staff report and requested that
the ordinance be adopted, that Mary Allen be appointed Clerk to
the Board of Supervisors, that the secretarial position be
abolished and the deputy clerk position reclassified and retained.
No citizens were present to speak.
Supervisor Robers moved to adopt the ordinance. The
89 4 .
June 27, 1989
motion was seconded by Supervisor McGraw and carried by the
following recorded vote:
AYES:
Supervisors Robers, McGraw, Nickens, Garrett
NAYS:
None
ABSENT:
Supervisor Johnson
ORDINANCE 62789-4 APPOINTING A SEPARATE
INDIVIDUAL TO HOLD THE POSITION OF CLERK TO
THE GOVERNING BODY AND TO PERFORM CERTAIN
DUTIES AS SPECIFIED
WHEREAS, the 1989 session of the Virginia General
Assembly amended Section 15.1-117 (Acts, 1989, Chapter 30) to
authorize certain counties to appoint a separate individual to
act as clerk to the governing bodies in order to perform certain
record-keeping activities rather than the county's executive
secretary (county administrator): and
WHEREAS, Section 4.01 of the Roanoke County Charter
provides that the County Administrator shall have all the powers
and duties prescribed by Section 15.1-117 of the Code of Vir-
ginia, and that such other powers, duties, and responsibilities
may be established by the Board of Supervisors: and
WHEREAS, the first reading of this ordinance was held
on June 14, 1989: and the second reading was held on June 27,
1989.
BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That the Board may appoint a county clerk who shall
June 27, 1989
.895
serve at the pleasure of the Board under the direction of the
County Administrator. He or she shall be clerk of the Board and
will serve as custodian of the corporate seal of the County and
shall have such other duties as prescribed by general law or as
the Board may prescribe. The clerk shall in addition (a) record
in a book to be provided for that purpose all of the proceedings
of the Board: (b) make regular entries of all the Board's resolu-
tions, ordinances, and decisions on all questions concerning the
raising of money: (c) record the vote of each Board member on any
question submitted to the Board if required by any member presen-
t: (d) preserve and file all accounts and papers acted upon by
the Board with its action thereon: (e) give information to per-
sons presenting communications or petitions to the Board of the
final action of the Board thereof: (f) publish or cause to be
published all reports, notices, ordinances, or other documents
required by this charter or by general law to be published,
except as otherwise expressly provided: (g) maintain all dis-
closure forms as required by Chapter 40.1 of Title 2.1 of the
state Code: (h) prepare all papers and documents for the meetings
of the Board: (i) issuance of soliciation permits pursuant to
Chapter 19, Article II, Section 19.21-19.27.
2. That the clerk may, and with the consent of the
Board, appoint one deputy and such number of assistants as the
Board may authorize. Either the clerk or the deputy shall attend
all meetings of the Board. Any of the duties of the clerk may be
performed by the deputy.
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June 27, 1989
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3. That if the Board chooses not to appoint a county
clerk such duties and responsibilities shall be performed by the
County Administrator.
4. Before entering upon the duties of this office, the
clerk shall give bond before the Clerk of the Circuit Court of
the County with surety to be approved by such Clerk in an amount
to be fixed by the Board but in any case not less than Two Thous-
and Dollars ($2,000), the premium for which bond shall be paid by
the governing body out of the general County fund.
5. That this ordinance shall take effect from and after
July 1, 1989.
On motion of Supervisor RObers, seconded by Supervisor
McGraw, that the ordinance be adopted and Mary H. Allen be ap-
pointed Clerk to the Board of Supervisors and carried by the
following recorded vote:
AYES:
Supervisors Robers, McGraw, Nickens, Garrett
NAYS:
None
ABSENT:
Supervisor Johnson
2. Ordinance amendinq and readoptinq Section 12-8.
Article I of Chapter 12. Motor Vehicles and Traffic. of the
Roanoke County Code.
0-62789-5
Mr. Mahoney presented the staff report, advising that
the ordinance will bring the County Code into compliance with the
State Code. No citizens were present to speak.
June 27, 1989
8 9 7 ~~
Supervisor Nickens moved to adopt the ordinance.
motion was seconded by Supervisor McGraw and carried by the
following recorded vote:
The
AYES:
Supervisors Robers, McGraw, Nickens, Garrett
NAYS:
None
ABSENT:
Supervisor Johnson
ORDINANCE AMENDING AND READOPTING SECTION 12-
8 OF ARTICLE I OF CHAPTER 12 OF THE ROANOKE
COUNTY CODE
BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That Section 12-8, Adoption of state law, Article
I, In General, of Chapter 12, Motor Vehicles and Traffic, be
amended and readopted to read and provide as follows:
Sec. 12-8.
Adoption of state law.
Pursuant to the authority of Section 46.l-188 of the
Code of Virginia, all of the provisions and requirements of the
laws of the state contained in Title 46.1 and in Article 2 (S-
ection 18.2-226 et seg.) of Chapter 7 of Title 18.2 of the Code
of Virginia, except those provisions and requirements which, by
their very nature, can have no application to or within the
County, are hereby adopted and incorporated in this chapter by
reference and made applicable within the County. References to
"highways of the state" contained in such provisions and require-
ments hereby adopted shall be deemed to refer to the streets,
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June 27, 1989
highways, and other public ways within the County. Such provisi-
on and requirements, as amended from time to time, are hereby
adopted and made a part of this chapter as fully as though set
forth at length herein, and it shall be unlawful for any person
within the County to violate or fail, neglect or refuse to comply
with any such provision or requirement: provided, that in no
event shall the penalty imposed for the violation of any provisi-
on or requirement hereby adopted exceed the penalty imposed for a
similar offense under the state law hereby adopted.
The phrase "all of the provisions and requirements of
the laws of the state" as used herebY shall be construed to
include all amendments to said laws made effective as of the date
that this ordinance is itself effective.
2. The effective date of this ordinance shall be July
1, 1989.
On motion of Supervisor Nickens, seconded by Supervisor
McGraw, and carried by the following recorded vote:
AYES: Supervisors Robers, McGraw, Nickens, Garrett
NAYS: None
ABSENT: Supervisor Johnson
~ Ordinance acceptinq an offer for and authorizinq
the sale of 37.86 acres located in the city of Salem.
0-62789-6
Mr. Mahoney advised that the County had received an
offer on this property from the Catholic Diocese of Richmond in
June 27, 1989
89 9
the amount or ~586,400. There were no citizens to speak on the
ordinance.
Supervisor Nickens moved to adopt the ordinance. The
motion was seconded by Supervisor McGraw and carried by the
following recorded vote:
AYES: Supervisors Robers, McGraw, Nickens, Garrett
NAYS: None
ABSENT: Supervisor Johnson
ORDINANCE 62789-6 ACCEPTING AN OFFER FOR AND
AUTHORIZING THE SALE OF 37.86 ACRES OF REAL
ESTATE, MORE OR LESS, LOCATED IN THE CITY OF
SALEM (THE LLOYD PROPERTY)
BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That pursuant to the provisions of Section 16.01 of
the Charter of Roanoke County, the subject property has been
declared to be surplus, and has been made available for sale:
and
2. That pursuant to the provisions of Section 18.04 of
the Charter of Roanoke County, a first reading on this ordinance
was held on June 14, 1989: and the second reading was held on
June 27, 1989, concerning the sale and disposition of 37.86 acres
of real estate, more or less, located in the City of Salem; and
3. That offers having been received for said proper-
ty, the offer of Bishop Walter Sullivan of the Catholic Dioceses
of Richmond to purchase 37.86 acres of real estate, more or less,
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June 27, 1989
for the sum of Five Hundred Eighty-six Thousand Four Hundred
Dollars ($586,400) is hereby accepted and all other offers are
rejected; and
4. That the proceeds from the sale of this real estate
are to be allocated to the capital reserves of the County, to be
expended solely for the purpose of acquisition, construction,
maintenance or replacement of other capital facilities; and
5. That the County Administrator is authorized to
execute such documents and take such actions as are necessary to
accomplish the conveyance of said property, all of which shall be
upon form approved by the County Attorney.
On motion of Supervisor Nickens, seconded by Supervisor
McGraw, and carried by the following recoreded vote:
AYES: Supervisors RObers, McGraw, Nickens, Garrett
NAYS:
ABSENT: Supervisor Johnson
IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS
There were no reports or inquiries of Board members.
IN RE: APPOINTMENTS
1. Board of Zoninq Appeals
Supervisor Robers nominated James Harmon to a five-
year term, representing the Cave Spring Magisterial District.
His term will expire June 30, 1994.
IN RE:
CONSENT AGENDA
June 27, 1989
90 1
Supervisor Nickens moved to approve the Consent Agenda.
The motion was seconded by Supervisor McGraw and carried by the
following recorded vote:
AYES:
Supervisors Robers, McGraw, Nickens, Garrett
NAYS:
None
ABSENT:
Supervisor Johnson
RESOLUTION NO. 62789-7 APPROVING AND
CONCURRING IN CERTAIN ITEMS SET FORTH
ON THE BOARD OF SUPERVISORS AGENDA
FOR THIS DATE DESIGNATED AS ITEM J -
CONSENT AGENDA
BE IT RESOLVED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That certain section of the agenda of the Board of
Supervisors for June 27, 1989, designated as Item J - Consent
Agenda be, and hereby is, approved and concurred in as to each
item separately set forth in said section designated Items 1
through 4, inclusive, as follows:
1. Confirmation of committee appointments to the
Clean Valley Council, The Fifth Planning District
Commission, the Board of Zoning Appeals, and the
Landfill citizens Advisory Committee.
2. Acceptance of water and sewer facilities serving
Roanoke Hyundai.
3. Approval of Fireworks Permit for the Town of
Vinton.
4. Acceptance of Horsepen Mountain Drive and Horsepen
Mountain Circle into VDOT Secondary System.
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June 27, 1989
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2. That the Clerk to the Board is hereby authorized
and directed where required by law to set forth upon any of said
items the separate vote tabulation for any such item pursuant to
this resolution.
On motion of Supervisor Nickens, seconded by Supervisor
McGraw, and upon the following recorded vote:
AYES: Supervisors Robers, McGraw, Nickens, Garrett
NAYS: None
ABSENT: Supervisor Johnson
IN RE:
REPORTS
Supervisor Nickens moved to receive and file the
following reports. The motion was seconded by Supervisor Garrett
and carried by the following recorded vote:
AYES: Supervisors RObers, McGraw, Nickens, Garrett
NAYS: None
ABSENT: Supervisor Johnson
1. Accounts Paid - May 1989
2. Capital Fund Unappropriated Balance
3. General Fund Unappropriated Balance
4. Board Contingency Fund
5. Recycling Report.
June 27, 1989
9:0·3
IN RE:
WORK SESSION
h Vallevwide Librarv Automation Proiect.
Assistant County Administrator John Chambliss reported
that at the December 13, 1988 meeting, the Board authorize staff
to proceed with the bidding process with the Cities of Roanoke
and Salem to determine the feasibility of a valleywide library
automation system. Bids were received from six vendors which
have been evaluated by the three staffs. Mr. Chambliss showed a
slide indicating the statistics of both the Roanoke County
library system and the valleywide system.
Library Director George Garretson was present and
explained how the process would work. He introduced members of
the Library Board and his staff who were also present.
Mr. Chambliss reported that the Board will need to
decide whether to participate by July 30, 1989. A contract will
be prepared indicating each locality's share of the cost.
In response to a question from Supervisor McGraw, Mr.
Hodge advised that there is no money included in the budget for
the library system. Supervisor Nickens expressed concern that
there are other departments also in need of funds and he felt he
could not now support funding for this project.
Following discussion, Chairman Garrett asked the staff
to bring back a recommendation on July 25, 1989.
EVENING SESSION (7:00 P.M.)
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June 27, 1989
..........
Supervisor Johnson who was absent for the afternoon
session was present for the evening session.
IN RE:
RESOLUTIONS OF CONGRATULATIONS
1. Resolutions of Conqratulations to National Merit
SCholarship Finalists:
Vice Chairman Richard Robers introduced the five
National Merit Scholarship Finalists from Roanoke County. Dr.
Bayes Wilson, Superintendent of Schools was also present.
Supervisor Johnson moved to adopt the five resolutions.
The motion was seconded by Supervisor Nickens and carried by the
following recorded vote:
AYES:
Supervisors JOhnson, Robers, McGraw, Nickens, Garrett
NAYS:
None
RESOLUTION 62789-8.a CONGRATULATING
TODD AMMERMANN UPON BEING NAMED A
NATIONAL MERIT SCHOLARSHIP FINALIST
FOR 1989
WHEREAS, Roanoke County has an outstanding school system
which has received national recognition for its teachers, students,
and administration; and
WHEREAS, an outstanding school system produces out-
standing students who likewise gain national recognition for their
academic accomplishments: and
WHEREAS, each year students in the eleventh grade prepare
June 27, 1989
905
for the Scholastic Aptitude Test by taking a similar preliminary
test from which National Merit Scholarships are awarded, and five
students from the Roanoke County School System were recently named
finalists in the National Merit Scholarship Award Program; and
WHEREAS, these students are deserving of special
commendation for their successful academic achievement and their
continued efforts towards excellence.
THEREFORE, BE IT RESOLVED that the Board of Supervisors
of Roanoke County, Virginia, offers its sincere congratulations to
TODD AMMERMANN for being named a finalist in the National Merit
Scholarship Award Program; and
FURTHER, the Board of Supervisors expresses its pride in
this achievement and extends its best wishes to Todd Ammermann for
continued success in future academic endeavors.
On motion of Supervisor Johnson, seconded by Supervisor
Nickens and carried by the following recorded vote:
AYES:
Supervisors Johnson, RObers, MCGraw, Nickens, Garrett
NAYS:
None
RESOLUTION 62789-8.b
CONGRATULATING JOHN PARR UPON BEING
NAMED A NATIONAL MERIT SCHOLARSHIP
FINALIST FOR 1989
WHEREAS, Roanoke County has an outstanding school
system which has received national recognition for its teachers,
students, and administration: and
WHEREAS, an outstanding school system produces out-
standing students who likewise gain national recognition for
906
June 27, 1989
--
their academic accomplishments; and
WHEREAS, each year students in the eleventh grade
prepare for the Scholastic Aptitude Test by taking a similar
preliminary test from which National Merit Scholarships are
awarded, and five students from the Roanoke County School System
were recently named finalists in the National Merit Scholarship
Award Program: and
WHEREAS, these students are deserving of special
commendation for their successful academic achievement and their
continued efforts towards excellence.
THEREFORE, BE IT RESOLVED that the Board of Supervisors
of Roanoke County, Virginia, offers its sincere congratulations
to JOHN PARR for being named a finalist in the National Merit
Scholarship Award Program; and
FURTHER, the Board of Supervisors expresses its pride
in this achievement and extends its best wishes to John Parr for
continued success in future academic endeavors.
On motion of Supervisor Johnson, seconded by Supervisor
Nickens and carried by the following recorded vote:
AYES:
Supervisors JOhnson, Robers, McGraw, Nickens, Garrett
NAYS:
None
RESOLUTION 62789-8.c CONGRATULATING
DAVID SAR UPON BEING NAMED A
NATIONAL MERIT SCHOLARSHIP FINALIST
FOR 1989
WHEREAS, Roanoke County has an outstanding school system
which has received national recognition for its teachers, students,
June 27, 1989
90 7
and administration; and
WHEREAS, an outstanding school system produces out-
standing students who likewise gain national recognition for their
academic accomplishments: and
WHEREAS, each year students in the eleventh grade prepare
for the Scholastic Aptitude Test by taking a similar preliminary
test from which National Merit Scholarships are awarded, and five
students from the Roanoke County School System were recently named
finalists in the National Merit Scholarship Award Program: and
WHEREAS, these students are deserving of special
commendation for their successful academic achievement and their
continued efforts towards excellence.
THEREFORE, BE IT RESOLVED that the Board of Supervisors
of Roanoke County, Virginia, offers its sincere congratulations to
DAVID SAR for being named a finalist in the National Merit
Scholarship Award Program; and
FURTHER, the Board of Supervisors expresses its pride in
this achievement and extends its best wishes to David Sar for
continued success in future academic endeavors.
On motion of Supervisor Johnson, seconded by Supervisor
Nickens and carried by the following recorded vote:
AYES:
Supervisors Johnson, Robers, McGraw, Nickens, Garrett
NAYS:
None
RESOLUTION 62789-8.d CONGRATULATING
KAREN BENDER UPON BEING NAMED A
NATIONAL MERIT SCHOLARSHIP FINALIST
FOR 1989
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June 27, 1989
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WHEREAS, Roanoke County has an outstanding school
system which has received national recognition for its teachers,
students, and administration; and
WHEREAS, an outstanding school system produces out-
standing students who likewise gain national recognition for
their academic accomplishments; and
WHEREAS, each year students in the eleventh grade
prepare for the Scholastic Apti tude Test by taking a similar
preliminary test from which National Merit Scholarships are
awarded, and five students from the Roanoke County School System
were recently named finalists in the National Merit Scholarship
Award Program; and
WHEREAS, these students are deserving of special
commendation for their successful academic achievement and their
continued efforts towards excellence.
THEREFORE, BE IT RESOLVED that the Board of Supervisors
of Roanoke County, Virginia, offers its sincere congratulations
to KAREN BENDER for being named a finalist in the National Merit
Scholarship Award Program: and
FURTHER, the Board of Supervisors expresses its pride
in this achievement and extends its best wishes to Karen Bender
for continued success in future academic endeavors.
On motion of Supervisor Johnson, seconded by Supervisor
Nickens and carried by the following recorded vote:
AYES:
Supervisors Johnson, Robers, McGraw, Nickens, Garrett
June 27, 1989
90 9
NAYS:
None
RESOLUTION 62789-8.e CONGRATULATING
PAUL STANCIL UPON BEING NAMED A
NATIONAL MERIT SCHOLARSHIP FINALIST
FOR 1989
WHEREAS, Roanoke County has an outstanding school
system which has received national recognition for its teachers,
students, and administration: and
WHEREAS, an outstanding school system produces out-
standing students who likewise gain national recognition for
their academic accomplishments: and
WHEREAS, each year students in the eleventh grade
prepare for the Scholastic Aptitude Test by taking a similar
preliminary test from which National Merit Scholarships are
awarded, and five students from the Roanoke County School System
were recently named finalists in the National Merit Scholarship
Award Program; and
WHEREAS, these students are deserving of special
commendation for their successful academic achievement and their
continued efforts towards excellence.
THEREFORE, BE IT RESOLVED that the Board of Supervisors
of Roanoke County, Virginia, offers its sincere congratulations
to PAUL STANCIL for being named a finalist in the National Merit
Scholarship Award Program: and
FURTHER, the Board of Supervisors expresses its pride
in this achievement and extends its best wishes to Paul Stancil
for continued success in future academic endeavors.
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June 27, 1989
On motion of Supervisor Johnson, seconded by Supervisor
Nickens and carried by the following recorded vote:
AYES: Supervisors Johnson, Robers, McGraw, Nickens, Garrett
NAYS: None
2. Resolution of Conqratulations to WaYland Winstead
for being naminq local planninq official of the year
R-62789-9
Mr. winstead was present to receive the resolution.
Supervisor Nickens moved to adopt the resolution. The
motion was seconded by Supervisor McGraw and carried by the
following recorded vote:
AYES: Supervisors Johnson, Robers, McGraw, Nickens, Garrett
NAYS: None
IN RE:
OLD BUSINESS
l. Adoption of Landfill Permit Conditions and
Operating Policies.
A-62789-10
County Administrator Elmer Hodge presented the report.
He recommended approval of the Permit Conditions and Operating
Policies. He explained that the Permit Conditions would be
attached to the permit application. The policies are the
guidelines under which the landfill would operate. He recom-
mended adoption of the Permit Conditions and Operating POlicies,
amended that: (1) the Smith Gap access road not be a condition of
June 27, 1989
9 11
the Special Exception Permit; (2) that all provisions for proper-
ty value protection be specifically extended to renter: (3) that
property value protection be extended only to thOse who lie
within 5,000 feet of the landfill site boundary line: (4) that
property value protection begin only after completion of the Part
B application, granting of the permit and selection of the site,
and (5) that there be an engineering feasibility study on alter-
nate access roads to the Smith Gap site.
Assistant County Administrator John Hubbard explained
in detail the permit conditions and operating policies.
In response to a question concerning noise level, Mr.
Johnson advised that 80 decibels is the state regulation.
Supervisor Nickens made several suggestions changing the language
from "should" to "will", strengthening the obligation to meet the
conditions and policies. He also expressed concerns with the
County reimbursing a mortgage interest differential as noted in
the report.
Supervisor Robers requested that the report be amended
to adopt a comprehensive waste management plan by September 1,
1989. He also requested that if either of the current proposed
site are rejected in the Part A process, that the third site,
Mount Pleasant be added.
Supervisor McGraw expressed concerns about the use of
Bradshaw Road if the Smith Gap site is chosen, and also advised
he felt property value protection should be extended to all those
on Bradshaw Road. Without those additions, he advised he would
912
June 27, 1989
.........
be opposed.
James Hensley, Bradshaw Road, requested that the
operating hours be changed to 7 a.m. to 7 p.m. as a courtesy to
the residents in the area, and asked if there would be additional
testing to determine if there are caverns in the area.
Mr. Hodge responded that they have made requests for
proposals for seismic studies. Mr. Hubbard advised they could
investigate the possibility of changing the hours. Supervisor
Nickens advised he would not be opposed to changing the hours if
the landfill was actually used from 7 a.m. to 8 a.m. Mr. Mahoney
reminded the Board that the landfill must be covered every day.
Supervisor Garrett moved to adopt the staff recommenda-
tion approving the report with the following amendments: (1) that
the Smith Gap access road not be a condition of the special
exception permit: (2) that all provisions for property value
protection be specifically extended to renters; (3) that property
value protection be extended only to those who live within 5,000
feet of the landfill site boundary line; and (4) that property
value protection begin only after completion of the Part B
application, granting of the permit and selection of the site.
The~otion was seconded by Supervisor Johnson. Supervisor McGraw
poipted out that two of the amendments recommended by the staff
was in opposition to the Planning Commission and citizens Ad-
visory Committee.
Supervisor Robers offered a substitute motion that the
Board adopt a Waste Management Program as of September 1, 1989.
June 27, 1989
913
The motion was seconded by Supervisor McGraw. Supervisor Johnson
spoke against the motion because he felt it was ill-timed and
should not be tied to the Part A application.
The motion was defeated by the following recorded vote:
Supervisors Robers, McGraw
Supervisors Johnson, Nickens, Garrett
Supervisor Robers offer a substitute motion that if
either site is rejected in the Part A application that Site 3,
Mount Pleasant be added. The motion was seconded by Supervisor
McGraw and defeated by the following recorded vote:
AYES: Supervisors RObers, McGraw
NAYS: Supervisors Johnson, Nickens, Garrett
Supervisor Nickens moved the staff recommendation with
amendment no. 1. and 3 deleted and with the addition that Roanoke
County submit a waste management recycling program with the Part
A applications, followed by a separate vote of amendment no. 1
and no. 3. He explained his motion was to separate the issues
for the purposes of voting on common agreement. Mr. Mahoney
advised his motion was in order. There was no second and the
motion died.
The original motion was carried by the following
AYES:
NAYS:
recorded vote:
AYES: Supervisors Johnson, Nickens, Garrett
NAYS: Supervisor Robers, McGraw
Mr Hodge asked for consideration of his additional
amendment that a feasibility study be conducted on the Smith Gap
914
June 27, 1989
'..........
!-
access road that will be brought back to the Board of Super-
visors. The motion was seconded by Supervisor Garrett and carried
by the following recorded vote:
AYES:
Supervisors Johnson, Robers, McGraw, Nickens, Garrett
NAYS:
None
PERMIT
CON D I T ION S
TYPES OF WASTE
In order to protect surrounding residents and prolong
the life of the Landfill site, the following conditions are made
concerning the types of waste that may be accepted.
1. No hazardous waste will be allowed at any time
during the entire life of the Landfill.
2. No demolition debris or grubbing waste may be put
in any area designated for sanitary waste.
3. No yard waste may be put in any area designated
for sanitary waste.
4. Non-hazardous Incinerator Ash may be disposed of
in a designated Monofill area in the new Landfill.
5. Only properly approved waste may be accepted, with
the main objective always being to safely dispose
of materials and prolong the useful life of the
June 27, 1989
91 5
Landfill.
OPERATING HOURS
In consideration of the adjoining neighborhoods, it is
recommended that the following operating limits be placed on the
new facility:
1. Normal working hours shall be:
Delivery of Operation of
Waste All Equipment
Monday-Friday 8:00 a.m.-5:00 p.m.
8:00 a.m.-
8:00 p.m.
Saturday
8:00 a.m.-3:30 p.m.
8:00 a.m.-
6:30 p.m.
2. Emergency operations shall allow for extended
hours on all days and Sundays whenever an
emergency has been duly declared by the Roanoke
County Administrator.
3. Residential drop-off areas will operate during the
hours of normal operation.
4. Operating hours can only be changed by action of
9 1 6
June 27, 1989
c:::=
the Board of Supervisors, after pUblic notice and
hearing.
OPERATING CONTROLS
Effective control over potential Landfill pests and
nuisances are of great concern to all residents surrounding the
Landfill site. The following policies are designed to minimize
such nuisances:
l. Noise
a. Noise levels generated by the Landfill
machinery and equipment may not exceed the
following amounts:
80 db (decibels) - Landfill site borders
65 db (decibels) - Surrounding residences
b. Landfill operations vehicles must be equipped
with the best possible muffler or exhaust
system available to minimize noise.
2 . Dust
a. Fugitive dust emissions will be monitored by
June 27, 1989
917
an authorized agent of Roanoke County or by
the Landfill Operators for compliance with
state regulations.
b. Problem areas arising during dry seasons will
be controlled with water.
c. Access roads should be cleaned and dust
controlled with water if excessive amounts of
dust are generated.
d. Any fill area of intermediate cover must be
seeded in vegetative cover within 30 days of
fill.
3 . Odor
a. Odor problems will be minimized if the
Landfill operation is conducted properly and
active fill areas are covered daily.
b. If problem odors exist that adversely impact
surrounding residents, deodorizing agents
will be used.
c. All holding tanks for Leachate collection
91 8
June 27, 1989
..........
systems shall be in enclosed underground
structures.
4. Lights
a. Sufficient lighting must be maintained at all
times to facilitate normal operations and to
provide adequate security over the Landfill
site.
b. Lighting must be directed inward to keep the
main-body of light and glare off surrounding
residents.
c. Adjoining property owners will be consulted
as to light placement, direction and height.
d. Lighting shall be limited to fixtures
attached to buildings as necessary for
security and operations and freestanding
poles of not more than 16 feet in height, and
no lights shall exceed one footcandle of
light measured at the base of the pole or
structure.
5. Pests
June 27, 1989
91 9
a. A bonded, licensed pest control company will
be retained by the Landfill Agency throughout
the active life of the Landfill to provide
preventive inspections and treatments.
b. Adjoining property owners who incur pest
problems that are proven to be directly
related to the Landfill operation must be
provided proper extermination at the expense
of the Landfill Agency.
c. Breeding areas for flying insects must be
treated as often as is necessary to prevent
the breeding cycle.
6. A telephone number will be provided for use of
surrounding residents to call-in complaints about
noise, dust, odor, or pests. These calls will be
recorded and corrective actions documented.
ACTIVE FILL AREAS
The active areas of the landfill are regulated by the
Virginia Department of Waste Management. strict guidelines are
specified in the regulations: however, the Landfill Citizens
/'
,..
920
June 27, 1989
..........
Advisory Committee feels that active areas shall be designed to
allow for final cover as soon as possible.
Fill areas should be designed as far as practical from
adjoining properties to provide maximum buffering, and in no case
should extend within 100 feet of the Landfill boundary line.
ENVIRONMENTAL MONITORING
1. The responsible Landfill Agency must have all landfill
facilities inspected at least annually by a qualified
independent contractor to determine compliance with all
special exception permit conditions and all other
landfill conditions. Any violations must be reported
to the responsible Landfill Agency and shall be made
public information and the Landfill Agency shall take
whatever steps are necessary to immediately correct the
violations.
2. The responsible Landfill Agency will be required to log
all complaints from any adjoining residents or
businesses and all reasonable and legitimate complaints
shall receive the proper attention and shall be
corrected immediately. The complaint log shall be open
to public inspection.
SCREENING AND BUFFERING
June 27, 1989
921
Adequate screening and buffering is a paramount concern
of the Landfill Citizens Advisory Committee. Effective screening
and buffering can reduce or mitigate the adverse impacts of
noise, dust and light from the landfill on adjoining properties,
as well as improve the visual appearance of the landfill
operation. In addition, landscaping of obtrusive buildings and
active areas within the landfill can reduce the visual blight
from improved properties which are above and overlook the
landfill site. Finally, minimizing the size of active and
disturbed areas and immediate seeding of these areas once
activity ceases can further reduce this visual blight.
To address these items, the following standards are
recommended. Additional requirements may be formulated for site
specific conditions upon review of the proposed landfill sites.
Any modification shall be subject to such site specific
circumstances, as determined by the Director of Planning.
1. The following buffer yard and plantings shall be
established around the perimeter of the landfill
property, except adjacent to an existing
residential property or public or private right-
of-way. Trees shall be planted in three separate
rows or in clusters, where natural land
characteristics allow within the buffer yard.
922
June 27, 1989
.........
-
50 foot buffer yard:
Three large deciduous trees with an ultimate
height of 50 feet or greater per lOO linear
feet of buffer yard;
Five large evergreen trees with an ultimate
height of 50 feet or greater per lOO linear
feet of buffer yard; and,
Seven small evergreen trees with an ultimate
height of 15 feet or greater per 100 linear
feet of buffer yard.
2. In areas adjacent to an existing residential
property or public or private right-of-way, the
following shall be established and maintained
around the perimeter of the landfill property.
Trees shall be planted in three separate rows or
in clusters, where natural land characteristics
allow within the buffer yard.
100 foot buffer yard:
six large deciduous trees with an ultimate
height of 50 feet or greater per 100 linear
feet of buffer yard;
Ten large evergreen trees with an ultimate
height of 50 feet or greater per 100 linear
June 27, 1989
923
feet of buffer yard: and
Fifteen small evergreen trees with an
ultima~e height of IS feet or greater per 100
linear feet of buffer yard.
3. The buffer yard may only be used for passive
recreation, such as pedestrian, bike or equestrian
trails provided that:
No plant material is eliminated:
The total width of the buffer is maintained:
and,
All other requirements and conditions are
met.
4. Buildings, active landfill areas, equipment
storage areas and other facilities shall be
landscaped in such a manner as to enhance (but not
necessarily screen) the visual appearance from
adjoining properties.
5. The administrative standards and procedures
contained under Section 21-92 of the Roanoke
County Zoning Ordinance shall apply unless more
restrictive or specific standards are required
above.
924
June 27, 1989
SITE SECURITY
In compliance with State regulations, the following
suggestions are to make the Roanoke County landfill the most up
to date facility.
1. All facilities shall be surrounded on all sides by
natural barriers, fencing, or an equivalent means
of controlling vehicles access and preventing
illegal disposal. All access will be limited by
gates, and such gates shall be securable and
equipped with locks.
a. All fencing utilized at the facility shall be
adequate to control unauthorized access.
b. Gates shall be at the main entrance as well
as the entrance to additional service areas.
2. Access to a solid waste disposal facility shall be
permitted only when an attendant is on duty and
only during daylight hours, unless otherwise
specified in the facility permit.
a. Access shall be permitted to any refuse
June 27, 1989
925
vehicle owned and operated by a member of the
Regional Landfill.
b. Access shall be permitted to any private
hauler or company operating in the Regional
Landfill Service Area who has applied for and
obtained a permit from the Landfill Operator.
c. A permit shall be refused at any time if the
operator of the vehicle has been found not to
be abiding by the regulations set forth in
the application/contract.
d. Access shall be permitted to any resident of
a jurisdiction who is a member of the
Regional Landfill showing proof of residency.
3. Each solid waste disposal facility should be
provided with an adequately lighted and heated
shelter where operating personnel can exercise
site control and have access to essential
sanitation facilities. Lighting, heat and
sanitation facilities may be provided by portable
equipment as necessary.
a. Dusk to dawn lights to be placed around
/"
926
June 27, 1989
.........
buildings and at each of the security gates.
4. All sanitary landfills will be equipped with
permanent or mobile telephone or radio
communications.
a. The main security gate should be able to
communicate with all necessary areas of the
landfill.
5. The operator is responsible for safety hazards to
operating personnel through an active safety
program.
a. Security rules and regulations shall be
posted at each gate.
b. Security guard or landfill personnel shall be
on site 24 hours each day.
6. Salvaging may be permitted by a solid waste
disposal facility operator, but shall be
controlled within a designated salvage area to
preclude interference with operation of the
facility and to avoid the creation of hazards or
nuisances.
June 27, 1989
927
a. A designated salvage area to be set up with
adequate drop off and pick up areas. A
security person to oversee this area.
FIRE PROTECTION AND PUBLIC WATER
Fire protection for the site shall be provided on site
with adequate storage, distribution, and hydrants to properly
extinguish fires. The system shall be designed as a potable
water system in conformance with the standards of Roanoke County
for the system shall be deeded to Roanoke County for ownership
and operation. The system shall be designed to serve all on-
site water needs as well as being capable of serving adjoining
properties.
Expansion of the water supply system, except when
groundwater contamination has been documented, shall be
prohibited without prior review for consistency with the
Comprehensive Plan. This review shall follow the requirements
and criteria outlined in Section 15.1-456 of the Code of
Virginia, and shall also apply to any proposal submitted under
Section 15.1-475 (subdivision) and Section 15.1-491(h) Site Plan
Review, of the Code of Virginia.
SITE REJECTION
/
92.8
June 27, 1989
The Special Exception Permit for a landfill shall
become null and void upon official notification of the rejection
of the site by the Department of Waste Management or the date
Roanoke County selects not to submit a Part "B" application for
the site.
POL I C I E S
GROUNDWATER PROTECTION
The single greatest concern of all residents
surrounding a landfill site is the potential contamination of
groundwater sources. Residents must be assured that the water
supplies will be protected at all times.
1. The responsible Landfill Agency will take all
necessary actions as required by state, federal or
local laws or regulations, including permit
conditions to protect the groundwater and water
wells from contamination as a result of the
landfill construction and operation.
2. If private groundwater sources are contaminated as
a result of landfill leakage, construction, and/or
operation, the responsible Landfill Agency will,
June 27, 1989
929
at its expense, provide to each eligible resident
or business a clean source of replacement water.
a. The Landfill Agency may select any source of
water they so desire but it must meet all
applicable health standards. The newly
established water system will be extended to
each residence or business and connected at
the Agency's expense within 120 days after
the date the contamination is verified. All
interior plumbing contaminated to the extent
that it is rendered hazardous for continued
use will be replaced at the Agency's expense.
b. Eligible residents or businesses will receive
free water up to 6,000 gallons per month for
as long as they own and occupy the residence.
All water usage over 6,000 gallons per month
will be paid by the resident or business at
the rates in effect at that time. Heirs of
residents will qualify for free water under
this provision.
c. The Landfill Agency agrees to continue to
provide water to subsequent owners of
affected residences or businesses. However,
930
June 27, 1989
these residents or businesses must pay the
normal charge for water services being paid
by other County water users.
d. The Landfill Agency will provide water during
the interim period between providing a new
source and the well contamination.
3. This guarantee will remain in force for a period
equal to the state and EPA required monitoring
period after closure, but not less than 25 years.
4. To be eligible for groundwater protection, each
surrounding property owner (within 1,000 feet of
landfill property boundary) must sign an agreement
and must agree to allow water samples to be taken
and tested at the Landfill Agency's expense.
a. For all wells in existence before the opening
of the landfill, the initial water sample
must pass all health standards and must
include the chemical and bacteria tests.
b. All eligible residents or businesses must
allow water samples to be taken on a
quarterly basis for testing by the Landfill
June 27, 1989
931
Agency. All testing is to be done at the
Landfill Agency's expense.
c. For all wells which pass the initial test, if
subsequent tests show contamination, it will
qualify under the terms of this agreement for
guaranteed replacement, unless the Landfill
Agency can prove that the source of the
contamination is not the landfill.
d. For all wells that fail the initial test, the
exact nature of the existing contamination
must be recorded and sufficient additional
tests taken to establish an accurate base-
line of data against which to compare future
tests. If future tests demonstrate a
deterioration of water contamination the well
will qualify under the terms of this
agreement for guaranteed replacement.
e. All new wells drilled (within 1,000 feet of
the landfill property boundary) during the
life of the landfill that pass an initial
water sample test (chemical and bacteria)
will qualify for groundwater protection under
the terms of this agreement.
/
/
932
June 27, 1989
5.
All surrounding property owners 5,000 feet of the
landfill property boundary may elect to have their
water tested at the Landfill Agency's expense.
This will be a one-time only test prior to the
opening of the landfill, and is to include
chemical and bacteria analysis.
6.
A Contingency Plan must be designed and approved,
for providing potable water to surrounding
residents covered under this agreement, prior to
the opening of the landfill.
7.
The Landfill Agency will escrow sufficient money
from landfill tipping fees to guarantee
fulfillment of this agreement.
PROPERTY VALUE PROTECTION
A second major concern of residents surrounding the
landfill site is the potential devaluation of their property.
This is particularly true since people's homes usually represent
the majority of their assets. Residents must be assured that
their property values will be protected.
1. The responsible Landfill Agency will take all
June 27, 1989
933
necessary actions as required by federal, state or
local laws or regulations, including landfill
permit conditions, to insure residents surrounding
the landfill site that their property values will
not be adversely impacted by the landfill.
2. Any resident or business owning property within
5,000 feet of the landfill site border on the day
the site receives approval of the Part "B"
application and issuance of a permit by the
Department of Waste Management, and the site is
selected for development by the Roanoke County
Board of Supervisors, may be eligible for
compensation if they can prove their property was
devalued as a result of the landfill.
3. The resident must establish the value of the
affected property just prior to the sale date
(Appraised Value) by either obtaining an appraisal
by a "Professionally Certified Appraiser" or by
use of the current Roanoke County tax assessments.
Tax assessments must reflect 100% of fair market
value. The responsible Landfill Agency will pay
50% of the cost of the initial appraisal up to a
total of $150. Appraisals to be made as if
landfill was not existing.
/~
93 4
June 27, 1989
4.
Any resident who sells their property for an
amount (Sale Value) which is less than the
Appraised Value determined under paragraph 3 will
be eligible for compensation from the responsible
Landfill Agency for the amount of this difference,
subject to the following conditions:
a. The responsible Landfill Agency must be given
the "Riqht of First Refusal" to buy any
property for which a bona fide offer to
purchase has been received in an amount below
the Appraised Value.
b. The responsible Landfill Agency must exercise
their rights under paragraph 4a within 30
days of the date they are notified by the
resident of a bona fide purchase offer.
c. Appraisal shall take into account condition
of property.
5. The foregoing agreement to compensate residents
for loss in property values will only apply to
properties sold before the termination date, which
is defined as 5 years after the date the landfill
June 27, 1989
935
is closed. Heirs of residents qualifying under
paragraph 2 will be eligible for compensation
under the terms of this agreement.
6. Any resident who is eligible for compensation for
property devaluation under the foregoing terms of
this agreement will also qualify for reimbursement
of the following expenses:
a. Residents or renters will receive reasonable
Moving Expenses to move to a new location
within the boundaries of Roanoke County.
Moving expenses are limited to the costs of
transporting household goods. Requires three
(3) written quotes approved by the Landfill
Agency.
b. Residents or renters will receive
reimbursement for the Interest Differential
between their existing mortgage loan and any
new loan assumed on any replacement property
within the boundaries of Roanoke County.
This reimbursement will be defined as the
present value of the remaining principal
payments, discounted at the difference
/
/
936
June 27, 1989
.........
Settlement.
between the interest rates on the original
loan and on the replacement loan.
7.
It shall be the responsibility of the resident to
carry adequate property insurance to cover any
loss hazards. In the event that a total loss does
occur, the Landfill Agency will compensate the
resident (who qualifies under the preceding terms
of this agreement) for the difference
between the Assessed Value and the Insurance
However, if the Insurance Settlement is for
any amount less than the Sale Value, the
amount of compensation will be the difference
between the Assessed Value and the Sale
Value. For purposes of this provision, the
Sale Value is understood to be the
Replacement Value of the property on the date
of the insurance loss.
APPEALS
In order to provide a timely and inexpensive method for
parties that may be damaged by the landfill permit conditions and
policies, any disagreement between a property owner and the
responsible Landfill Agency concerning groundwater contamination
or property value damage, the matter may be resolved through the
June 27, 1989
provisions of the Uniform Arbitration Act, Article 2 of Title
8.01 of the Code of Virginia (Section 8.01-581.01 et seq).
93 7
LANDFILL OWNERSHIP
The citizens of Roanoke County feel strongly that the
landfill operator needs to be responsive and accountable for
properly operating, maintaining, and adhering to the conditions
placed on the permit.
Roanoke County or the Roanoke County Resource Authority
shall remain in full control and accountable for the construction
and operation of the landfill.
LANDFILL USERS
The responsible Landfill Agency shall limit users of
the Regional Landfill to qualifying residents and businesses of
Roanoke County, Roanoke City, Salem and Vinton. Private haulers
will be allowed to use the landfill only if the refuse that is
submitted originates from one of" the municipalities previously
mentioned and if they have applied for and obtained a dump permit
from the Landfill Operator.
Surrounding counties and municipalities who elected not
to participate in the Regional Landfill on the date Part "A"
application was made to the Virginia Department of Waste
//
93 8
June 27, 1989
.........
Management (VDWM) will not be allowed to use the landfill.
LANDFILL OPERATIONAL PRIORITIES
Siting and permitting a new landfill under current VDWM
regulations is extremely complex and difficult. This is true for
technical reasons but also due to the adverse impact on
surrounding residents. The Landfill Citizens Advisory Committee
feels that the following priorities must be used to guide the
Landfill Operator and Board in making all future policy
determinations. These are listed in priority order below:
1. Protection of the environment of the Roanoke
Valley Service Area.
2. Protection or extension of the useful life of the
landfill.
3. Protection of the interests of the residents of
the landfill host community.
4. Minimization of landfill operating costs.
5. Minimization of landfill tipping fees.
ROAD IMPROVEMENTS AND ACCESS
June 27, 1989
939
Safe and adequate roadways leading to the landfill is a
great concern of the residents of Roanoke County. Properly
constructed and maintained roads are critical in the protection
and safety of the adjoining neighborhoods and motorists. The
following conditions are an attempt to address these issues:
1. With the construction of the landfill and prior to
its opening, all secondary roads utilized as the
main access to the landfill will be reconstructed
to the appropriate VDOT geometric design standards
and pavement category to safely handle the
projected type and volume of traffic.
2. The Landfill Operator along with VDOT will
properly maintain the road in good, safe repair.
3. The Landfill Operator will keep the road and the
adjoining rights-of-way and properties free and
clean of litter and debris originating from
vehicles traveling to and from the landfill.
Litter pickup is to be made a minimum of twice a
week, weather permitting.
4. Roanoke County will enforce speed limits along the
access roads to and from the landfill as part of
940
June 27, 1989
regular enforcement.
5. Roanoke County will work with the VDOT to minimize
the impact of the additional landfill traffic
through the Clearbrook Elementary School Zone of
Route 220 South if any landfill is opened on the
Boones Chapel site.
HAZARDOUS WASTE COLLECTION
The landfill presently being sited in Roanoke County is
strictly for sanitary municipal solid waste. Since no hazardous
waste will be allowed, it is important for the Regional Landfill
service area to provide a means of disposing of hazardous waste.
The responsible Landfill Agency or Board will develop
and make public information for the proper disposal of hazardous
waste.
HOST COMMUNITY IMPROVEMENT FUND
A Host Community Improvement Fund will be established
through donations from the Landfill Agency for the purpose of
public improvements to the Host Community. The Host Community is
defined as the area within 5,000 feet of the landfill. Donations
will be made annually in amounts of $10,000: however, the fund
June 27, 1989
941_
shall never exceed $150,000. The fund shall be utilized for the
construction and maintenance of public improvements approved by
the Board of Supervisors and the Planning Commission. A Public
Improvement Plan shall be developed by Roanoke County with
assistance from the residents of the Host Community for the
expenditure of the fund.
~ Special Exception Permit to publiclY own and
operate a reqional landfill on what is known as the "Boones
Chapel site". (PUBLIC HEARING HELD ON APRIL 25. 1989)
R-62789-11
Mr. Hodge presented the staff report and recommended
approval with the Landfill conditions and operating policies with
the following amendments: (1) that all provisions for property
value protection be specifically extended to renters: (2) that
property value protection be extended only to those who live
within 5,000 feet of the landfill site; (3) that property value
protection begin only after completion of the Part B application:
and (4) that special conditions be approved concerning property
rented by Rebecca T. Sparks as follow:
I. After the purchase, renter may continue to rent the
property from the County, at the same rate, until construction
begins, unless other arrangements are made sooner.
2. Well in advance of the beginning of the construc-
tion, County Assessor and his staff will assist renter to find
comparable living arrangements (single-family residence, three
942
June 27, 1989
bedrooms at no more than $225 rental per month) located in
southwest County, if possible. Renter will advise County if
suitable rental arrangements are found.
3. The County will pay normal moving expenses within
the Roanoke Valley area and the move will be done during a
weekend of renter's choice.
4. Household appliances, including dishwasher, wood
stove, air conditioning units, that are renter's property will be
moved to new location.
Supervisor Johnson moved to adopt the prepared resolu-
tion approving the Special Exception Permit with the previously
approved conditions. The motion was seconded by Supervisor
Nickens and carried by the following recorded vote:
AYES:
Supervisors Johnson, Nickens, Garrett
NAYS:
Supervisors Robers, McGraw
RESOLUTION 62789-11 GRANTING A SPECIAL EXCEP-
TION PERMIT TO THE BOARD OF SUPERVISORS OF
ROANOKE COUNTY, VIRGINIA, TO PUBLICLY OWN AND
OPERATE A SOLID WASTE DISPOSAL FACILITY ON
WHAT IS KNOWN AS THE "BOONES CHAPEL SITE"
WHEREAS, the Planning Commission held a public hearing
on this matter on April 18, 1989: and
WHEREAS, the Board of Supervisors of Roanoke County,
Virginia, held a public hearing on this matter on April 25, 1989.
NOW, THEREFORE, be it resolved by the Board of Super-
visors of Roanoke County, Virginia, as follows:
1. That the Board finds that the granting of a Spe-
June 27, 1989
94.3
per month) located in
County, if possible. Renter will advise County if
rental arrangements are found.
3. The County will pay normal moving
e Valley area and the move will be done dur' g a
weekend
4.
appliances,
units, that
wood
stove,
property will be
moved to
Supervisor
the prepared resolu-
tion approving the Specia
with the previously
by Supervisor
approved conditions. The
Nickens and carried by the fol
recorded vote:
AYES:
Supervisors
Garrett
NAYS:
Supervisors Robers,
RESOLUTION 6278 -11 GRANTING A
TION PERMIT TO THE BOARD OF SUP VISORS OF
ROANOKE COUN ,VIRGINIA, TO PUBL CLY OWN AND
OPERATE A S ID WASTE DISPOSAL FAC ITY ON
WHAT IS KN AS THE "BOONES CHAPEL ITE"
Supervisors of
hearing
Planning Commission
on this
April 18, 1989; and
Virginia,
a public hearing on this matter on April
THEREFORE, be it resolved by the Board of
1989.
Roanoke County, Virginia, as follows:
I. That the Board finds that the granting of a Spe-
944
June 27, 1989
cial Exception Permit for the location and operation of a solid
waste facility is substantially in accord with the adopted 1985
Comprehensive Plan pursuant to the provisions of Section 15.1-
456(b) of the 1950 Code of Virginia, as amended.
2. That the Board hereby grants a Special Exception
Permit to the Roanoke County Board of Supervisors to publicly own
and operate a solid waste disposal facility on what is known as
the "Boones Chapel Site" located on 445.81 acres on the southern
portion of Roanoke County, adjacent to the Franklin County line,
two miles east of Route 220 via Route 677 in the Cave Spring
Magisterial District, subject to the approved landfill permit
conditions and operating policies.
3. That the Board acknowledges, to the extent per-
mitted by law, that it has a non-binding moral obligation to pay
such amounts as may be needed to address the adopted operating
policies, including property value protection, and that such
payment is subject to future appropriations. Nothing in the
approved operating policies shall be deemed to constitute the
creation of a debt, the lending of the credit, nor a pledge of
the credit of the County under the Constitution and laws of the
Commonwealth of Virginia, nor shall any provision thereof give
any person any legal right to enforce the terms thereof against
the County.
On motion of Supervisor Johnson, seconded by Supervisor
Nickens and that agreement with renter presently residing on
Boones Chapel site be approved and entered into the record, and
June 27, 1989
945
carried J:>y the ful1uwlu9 recorded vote:
AYES: Supervisor Johnson, Robers, Nickens, Garrett
NAYS: Supervisor McGraw
~ Special Exception Permit to publicly own and
operate a reqional landfill on what is known as the "Smith Gap
site". (PUBLIC HEARING HELD ON APRIL 25. 1989)
R-62789-12
Mr. Hodge presented the staff report and recommended
approval with the Landfill Permit Conditions and Operating pOlic-
ies as listed under the Boones Chapel Special Exception Permit
application with the following amendments: (1) That the Smith
Gap access road not be a condition to the special exception
permit, but that a feasibility study be conducted on the road;
(2) that all provisions for property value protection be specifi-
cally extended to renters; (3) that property value protection be
extended only to those who lie within 5,000 feet of the landfill
site: and (4) that property value protection begin only after
completion of the Part B application.
Supervisor Nickens moved to approve the Special Excep-
tion Permit with the conditions. The motion was seconded by
Supervisor Johnson and carried by the following recorded vote:
AYES: Supervisors JOhnson, Nickens, Garrett
NAYS: Supervisors Robers, McGraw
946
June 27, 1989
RESOLUTION 62789-12 GRANTING A SPECIAL EXCEP-
TION PERMIT TO THE BOARD OF SUPERVISORS OF
ROANOKE COUNTY, VIRGINIA, TO PUBLICLY OWN AND
OPERATE A SOLID WASTE DISPOSAL FACILITY ON
WHAT IS KNOWN AS THE "SMITH GAP SITE"
WHEREAS, the Planning Commission held a public hearing
on this matter on April 18, 1989: and
WHEREAS, the Board of Supervisors of Roanoke County,
Virginia, held a public hearing on this matter on April 25, 1989.
NOW, THEREFORE, be it resolved by the Board of Super-
visors of Roanoke County, Virginia, as follows:
1. That the Board finds that the granting of a Spe-
cial Exception Permit for the location and operation of a solid
waste facility is substantially in accord with the adopted 1985
Comprehensive Plan pursuant to the provisions of Section 15.1-
456(b) of the 1950 Code of Virginia, as amended.
2. That the Board hereby grants a Special Exception
Permit to the Roanoke County Board of Supervisors to publicly own
and operate a 'solid waste disposal facility on what is known as
the "smith Gap Site" located on 640.39 acres on the northwest
side of Fort Lewis Mountain between Smith Gap and Bradshaw Road
in the Catawba Magisterial District, subject to the approved
landfill permit conditions and operating policies.
3. That the Board acknowledges, to the extent per-
mitted by law, that it has a non-binding moral obligation to pay
such amounts as may be needed to address the adopted operating
policies, including property value protection, and that such
payment is subject to future appropriations. Nothing in the
June 27, 1989
94 7
approved operating pOlicies shall be deemed to constitute the
creation of a debt, the lending of the credit, nor a pledge of
the credit of the County under the Constitution and laws of the
Commonwealth of Virginia, nor shall any provision thereof give
the County.
any person any legal right to enforce the terms thereof against
On motion of Supervisor Nickens, seconded by Supervisor
Johnson, and carried by the following recorded vote:
AYES:
NAYS:
Supervisors Johnson, Nickens, Garrett
Supervisors RObers, McGraw
IN RE:
PUBLIC HEARINGS
689-2
Petition of Stephan Rice. Bear Trap Inn.
requesting rezoning from R-I Residential to
B-3 Business and to amend the future Land Use
Map Designation from Neighborhood Conserva-
tion to Transition of a tract containing 0.24
acre and located at the northwest corner of
the intersection of Custis Avenue and Bunker
Hill Drive in the Cave Spring Magisterial
District.
This petition was withdrawn at the petitioner's request.
689-3
Petition of Spradlin Petroleum requesting
rezoning from B-2 Business to B-3 Business of
a tract containing .848 acre and located on
the west side of U. S. 220 200 feet north of
its intersection with Valley Drive in the
Cave Spring Magisterial District.
This petition was continued to July 25, 1989 at the petitioner's
request.
689-4
Petition of st. John's AME Church for a
Special Use Permit to operate a clean landfi-
lIon a 0.775 acre tract located at 3019
95 2
June 27, 1989
described below, be rezoned from B-2 Business District to B-3
Business District
BE IT FURTHER ORDERED that a copy of this order be
transmitted to the Secretary of the Planning Commission and that
he be directed to reflect that change on the official zoning map
of Roanoke County.
PROFFER OF CONDITIONS
1. Outside storage of automobiles shall be restricted
to only those awaiting minor repair. No junked automobiles will
be allowed.
2. Outside storage of automobiles shall be restricted
to the rear parking facilities.
3. No automobiles shall be left parked outside for a
period exceeding 14 days.
4. Gas stations, car wash and restaurant use shall be
prohibited.
5. Expansion of the property shall be prohibited.
6. Auto repair activities shall be limited to minor
and general repairs and shall specifically exclude major auto
repairs and/or body work of any kind.
7. All repair activities shall be conducted within the
confines of the building
8. Total signage on the property shall be limited to
no more than 100 sq. ft. and portable and/or temporary signs as
94 8
June 27, 1989
-
Rutrough Road in the Vinton Magisterial
District.
A-62789-13
Planning Director Terry Harrington presented the staff
report. He advised that the Planning Commission recommended
approval with proffered conditions. He advised that the church
wanted to fill the land for future parking lot expansion.
Supervisor McGraw asked that the staff monitor these
types of landfill closer.
Supervisor Nickens moved to approve the Permit with
conditions. The motion was seconded by Supervisor Robers and
carried by the following recorded vote:
AYES:
Supervisors Johnson, RObers, McGraw, Nickens, Garrett
NAYS:
None
CONDITIONS
I. The material to be landfilled shall be restricted
to soil, stone or gravel, broken concrete and broken cinder
blocks only.
2. Petitioner shall preserve existing trees and
vegetation along the southern property boundary.
3. Fill material shall be covered at least once a
month.
4. The hours of landfilling activity shall be under-
taken only between the hours of 7:30 a.m. and 5:30 p.m., Monday
through Saturday.
June 27, 1989
94 9
689-5
Petition of Joe BandY & Son. Inc. for a
Special Use Permit to operate a private
construction debris landfill on a 50 acre
tract located on the east side of Deyerle
Road, 800 feet from its intersection with
Merriman Road in the Cave Spring Magisterial
District.
A-62789-14
Mr. Harrington presented the staff report advising that
this landfill must abide by the Virginia Department of Waste
Management regulations applicable to stump landfills. The
Planning Commission has recommended approval with conditions.
Supervisor Nickens moved to approve the Special Excep-
tion Permit with conditions. The motion was seconded by Super-
visor Garrett and carried by the following recorded vote:
AYES:
Supervisors Johnson, Robers, McGraw, Nickens, Garrett
NAYS:
None
CONDITIONS
1. Landfilling activities will not be conducted on
more than 20 acres of the total site with the remaining 30 acres
to continue undisturbed including a minimum buffer of at least
400 feet from any portion of fill area to any point on the
property boundary.
2. site shall be closed to all businesses and in-
dividuals other than Joe Bandy and Son.
3. Operating hours shall be limited to 7:30 a.m. to
5:30 p.m., Monday through Saturday.
4. No advertising signs of any sort will be erected.
95 0
June 27, 1989
-
~. HU1~a1ng construct1on or demolition material will
not be permitted.
Petition of Samuel R. Carter III for a
Special Use Permit to operate a private
construction debris landfill on a 2.03 acre
tract located on the south side of West Main
street approximately 0.3 mile from its
intersection with Pleasant Run Drive in the
Catawba Magisterial District.
Mr. Harrington presented the staff report. He advised
689-6
that the Planning Commission recommended approval with certain
conditions
Supervisor McGraw expressed concern about the vehicle
site distance in the area, the length of time the landfill will
be used, and the fact that the site can be seen by area resi-
dents.
Supervisor McGraw moved to deny the petition. The
motion was seconded by Supervisor Robers.
Samuel Carter III was present and advised that they
purchased the lot specifically for use as a landfill, and they
plan to keep the landfill in a pleasing conditions for the area
residents.
They would be willing to add conditions if
necessary.
In response to a question from Supervisor Nickens, Mr.
Mahoney advised that the Board may impose additional conditions
if they so desire because this is a different issue than a
rezoning.
June 27, 1989
95 1
Supervisor Nickens offered a substitute motion to
continue the pUblic hearing to July 25, 1989 for the purpose of
evaluating the property. The motion was seconded by Supervisor
McGraw and carried by the following recorded vote:
AYES:
Supervisors Johnson, RObers, McGraw, Nickens, Eddy
NAYS:
None
689-7
Petition of Marty Lord to rezone a .268 acre
tract from B-2, Business to B-3, Business to
operate an import auto parts business with
repair service, located at 3228 Brambleton
Avenue in the Cave Spring Magisterial Dis-
trict.
Mr. Harrington presented the staff report. The Plann-
ing Commission expressed concern about the lack of parking
availability and the type of screening. The proffered conditions
address this and the Planning Commission recommended approval.
Supervisor Garrett moved to approve the rezoning with
conditions. The motion was seconded by Supervisor Robers and
carried by the following recorded vote:
AYES:
Supervisors Johnson, Robers, McGraw, Nickens, Garrett
NAYS:
None
FINAL ORDER
NOW, THEREFORE BE IT ORDERED that the aforementioned
parcel of land which is contained in the Roanoke County Tax Maps
as Parcel 77.10-4-36 and recorded in Deed Book 922 and legally
June 27, 1989
953
well as billboards shall be prohibited.
9. A sewer manhole, acceptable to the utility Depart-
ment, shall be installed prior to occupancy of the building for
purposes of repairing automobiles.
10. No more than 10 vehicles shall be stored outside
the building at anyone time.
11. Hours of operation shall be limited to 7:30 a.m.
to 5:30 p.m. Monday through Saturday.
689-8
Petition of Landon Hall Construction to
rezone a 2.597 acre tract from M-1 In-
dustrial to M-2 Industrial to operate a
construction storage yard, located on the
north side of Carr Rouse Road at its inter-
section with Jae Valley Road in the Vinton
Magisterial District.
Mr. Harrington presented the staff report. The Plann-
ing Commission recommended approval with conditions by a 4 to 1
vote.
Supervisor Nickens moved to approve the rezoning with
proffered conditions. The motion was seconded by Supervisor
Johnson and carried by the following recorded vote:
AYES:
Supervisors Johnson, RObers, McGraw, Nickens, Garrett
NAYS:
None
FINAL ORDER
NOW, THEREFORE BE IT ORDERED that the aforementioned
parcel of land which is contained in the Roanoke County Tax Maps
95 4
June 27, 1989
-
as Parcel 89.00-3-34 and recorded in Deed Book 1262 and legally
described below, be rezoned from M-1 Industrial District to M-2
Industrial District
BE IT FURTHER ORDERED that a copy of this order be
transmitted to the Secretary of the Planning Commission and that
he be directed to reflect that change on the official zoning map
of Roanoke County.
PROFFERED CONDITIONS
1. The property will only be used for any purposes
permitted in the M-1 District: blacksmith shop, welding or
machine shop, excluding punch presses exceeding 40 ton rated
capacity and drop hammers: contractors' equipment storage yard or
plant, or rental of equipment commonly used by contractors: stone
works
2. Development will occur in conformity with the
submitted concept plan.
3. No signage will be erected on the site.
4. Existing vegetation will be preserved where feasib-
Ie.
Petition of Roanoke County Planninq Commis-
sion to rezone a 0.57 acre and 0.481 acre
tracts from M-2 Industrial to R-1, Residen-
tial to bring an existing nonconforming use
into conformance with the zoning ordinance,
located at 5602 and 5612 Woodland Lane in the
Cave Spring Magisterial District.
Mr. Harrington presented the staff report. He advised
689-9
June 27, 1989
955
that two property owners requested this rezoning because they
were unable to get mortgage financing because the land is zoned
industrial. The Planning Commission recommended approval of the
petition. There are no proffered conditions and no request to
amend the Land Use Plan.
Supervisor Robers moved to approve the petition. The
motion was seconded by Supervisor Johnson and carried by the
following recorded vote:
AYES: Supervisors JOhnson, Robers, McGraw, Nickens, Garrett
NAYS: None
FINAL ORDER
NOW, THEREFORE BE IT ORDERED that the aforementioned
parcel of land which is contained in the Roanoke County Tax Maps
as Parcel 87.14-2-8.1 and 87.14-20 and recorded in Deed Book 1128
and legally described below, be rezoned from M-2 Industrial
District to R-1 Residential District
BE IT FURTHER ORDERED that a copy of this order be
transmitted to the Secretary of the Planning Commission and that
he be directed to reflect that change on the official zoning map
of Roanoke County.
IN RE:
PUBLIC HEARINGS AND SECOND READING OF ORDINANCES
689-10
Petition of Carlin Nucholls and Marty and
95 6
June 27, 1989
-
Elizabeth Poff, requesting vacation of the
southern portion of an unimproved 50 foot
right-of-way referred to as Chelsea street,
recorded in Plat Book 2, Page 170, Section 1,
Western Hills Subdivision.
0-62789-15
Director of Development and Inspections Arnold Covey
presented the staff report. He advised the County will retain a
utility easement and a sewer and waterline easement. Staff
recommended approval of the ordinance. There was no discussion
and no one was present to speak to the ordinance.
Supervisor Nickens moved to approve the ordinance. The
motion was seconded by Supervisor McGraw and carried by the
following recorded vote:
AYES: Supervisors RObers, McGraw, Nickens, Garrett
NAYS: None
ABSTAIN: Supervisor Johnson
ORDINANCE 62789-15 VACATING THE SOUTHERN PORTION OF AN
UNIMPROVED FIFTY (50) FOOT RIGHT-OF-WAY, REFERRED TO AS
"CHELSA STREET," RECORDED IN PLAT BOOK 2, PAGE 170,
SECTION 1, WESTERN HILLS SUBDIVISION
Whereas, Carlin Nucholls and Marty and Elizabeth POff,
the petitioners and adjacent property owners, have requested the
Board of Supervisors of Roanoke County, Virginia to vacate the
southern portion of an unimproved fifty (50) foot right-of-way
referred to as "Chelsa Street," dedicated to the County by plat
found in Plat Book 2, page 170, Section 1, Western Hills sub-
division in the Office of the Clerk of the Circuit Court of
Roanoke County, Virginia: and,
June 27, 1989
95 7
---'
--
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 June 14, 1989; and the
pUblic hearing and second reading of this ordinance was held on
June 27, 1989.
BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That the southern portion of an unimproved fifty
(50) foot right-of-way referred to as "Chelsa Street," and being
the remaining portion of Chelsa street from its intersection with
Overbrook Drive south to its end, approximately 240 feet in
length and dedicated to Roanoke County, by plat found in Plat
Book 2, at page 170, in the Office of the Clerk of the Circuit
Court of Roanoke County, Virginia, be, and hereby is, vacated
pursuant to Section 15.1-482(b) of the 1950 Code of Virginia, as
amended; and,
2. That as a condition of the adoption of this or-
dinance, the County reserves and retains a twenty (20) foot
sanitary sewer easement for an existing sewer main and reserves a
twenty (20) foot waterline easement along the centerline of the
fifty (50) foot right-of-way for future system upgrade: and,
3. That this ordinance shall be in full force and
effect thirty ( 30) days after its final passage. All ordinances
95 8
June 27, 1989
or parts of ordinances in conflict with the provisions of this
ordinance be, and the same hereby are, repealed.
4. That Carlin Nucholls and Marty and Elizabeth Poff
shall record a certified copy of this ordinance with the Clerk of
the Circuit Court and shall pay all fees required to accomplish
this transaction.
On motion of Supervisor Nickens, seconded by Supervisor
McGraw, and carried by the following recoreded vote:
AYES:
Supervisors Robers, McGraw, Nickens, Garrett
NAYS:
ABSENT:
Supervisor Johnson
689-11
Petition of F. F. E. Development Corporation,
requesting vacation of a portion of a 25 foot
waterline, ingress and egress easement,
recorded in Plat Book 10, Page 41, Section l,
Fairway Forest Estates.
0-62789-16
Mr. Covey presented the staff report. The vacation is
necessary to abolish any encumbrances for a proposed section of
Fairway Forest Section 3. There was no discussion and no one was
present to speak on the ordinance.
Supervisor Garrett moved to approve the ordinance. The
motion was seconded by Supervisor McGraw and carried by the
following recorded vote:
AYES:
Supervisors Johnson, Robers, McGraw, Nickens, Garrett
NAYS:
None
June 27, 1989
95 9
ORDINANCE 62789-16 VACATING A PORTION OF A TWENTY-FIVE
(25) FOOT WATERLINE AND INGRESS/EGRESS EASEMENT, AND A
PORTION OF A FIFTEEN (15) FOOT PUBLIC UTILITY EASEMENT,
RECORDED IN PLAT BOOK 10, PAGE 41, SECTION 1, FAIRWAY
FOREST ESTATES
Whereas, F.F.E. Development Corporation, the developer
of Sections 1 and 2, Fairway Forest Estates has requested the
Board of Supervisors of Roanoke County, Virginia to vacate a
portion of a twenty-five (25) foot waterline and ingress/egress
easement and a portion of a fifteen (15) foot pUblic utility
easement, dedicated to the County by plat found in Plat Book 10,
page 41, Section 1, Fairway Forest Estates in the Office of the
Clerk of the Circuit Court of Roanoke County, Virginia; 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 June 14, 1989; and the
public hearing and second reading of this ordinance was held on
June 27, 1989.
BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That a portion of a twenty-five (25) foot waterline
and ingress/egress easement and a portion of a fifteen (15) foot
public utility easement as shown on the attached plat dated 21
96 0
-
JUh.. ~1, 1989
.........
April 1989 prepared by Lumsden Associates, P.C., and dedicated to
Roanoke County, by plat found in Plat Book 10, at page 41,
Section 1, Fairway Forest Estates in the Office of the Clerk of
the Circuit Court of Roanoke County, Virginia, be, and hereby is,
vacated pursuant to Section 15.1-482(b) of the 1950 Code of
Virginia, as amended: and,
2. That as a condition of the adoption of this or-
dinance, F.F.E. Development Corporation hereby agrees to pay all
costs and expenses required to relocate all utility lines and
improvements within these easements: and,
3. That the portion of the twenty-five (25) foot
waterline easement and ingress/egress easement and the portion of
the fifteen (15) foot public utility easement be vacated only
upon the recordation and dedication to the County of the right-
of-way for Section 3, Fairway Forest Estates.
4. That this ordinance shall be in full force and
effect thirty (30) days after its final passage. All ordinances
or parts of ordinances in conflict with the provisions of this
ordinance be, and the same hereby are, repealed.
4. That F.F.E. Development Corporation shall record a
certified copy of this ordinance with the Clerk of the Circuit
Court and shall pay all fees required to accomplish this trans-
action.
On motion of Supervisor Garrett, seconded by Supervisor
McGraw, and carried by the following recoreded vote:
961
~
Jun~ 27, ,QRQ
AYES:
Supervisors JOhnson, RObers, McGraw, Nickens, Garrett
NAYS:
689-12
Petition of Boone and Company requesting
vacation of a portion of a 20 foot sanitary
sewer easement dedicated to the Roanoke
County Board of Supervisors in Deed Book
1228, Page 35 and located on Va. Route 419 in
the Cave Spring Magisterial District.
0-62789-17
Mr. Covey presented the staff report. The owner plans
to construct a third office building which would encroach upon
the existing easement.
Supervisor Robers moved to approve the ordinance. The
motion was seconded by Supervisor Johnson and carried by the
following recorded vote:
AYES:
Supervisors Johnson, Robers, McGraw, Nickens, Garrett
NAYS:
None
ORDINANCE 62789-17 VACATING A PORTION OF A
TWENTY (20) FOOT SANITARY SEWER EASEMENT IN
THE BOONE OFFICE PARK
Whereas, Boone & Company, the developer of Boone Office
Park has requested the Board of Supervisors of Roanoke County,
Virginia to vacate a portion of a twenty (20) foot sanitary sewer
easement, dedicated to the County by deed found in Deed Book
1228, page 35 in the Office of the Clerk of the Circuit Court of
Roanoke County, Virginia; and,
WHEREAS, Section 15.1-482 (b) of the 1950 Code of
~/
96 2
.Tn"'. 77 I 1969
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 June 14, 1989; and the
public hearing and second reading of this ordinance was held on
June 27, 1989.
BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That a portion of a twenty (20) foot sanitary sewer
easement located within the Boone Office Park, and dedicated to
Roanoke County on October 18, 1985, by deed found in Deed Book
1228, at page 35, in the Office of the Clerk of the Circuit Court
of Roanoke County, Virginia, be, and hereby is, vacated pursuant
to Section 15.1-482(b) of the 1950 Code of Virginia, as amended:
and,
2. That as a condition of the adoption of this or-
dinance, Boone & Company hereby agrees to pay all costs and
expenses required to vacate and relocate this easement and the
sanitary sewer line therein; and,
3. That this ordinance shall be in full force and
effect thirty (30) days after its final passage. All ordinances
or parts of ordinances in conflict with the provisions of this
ordinance be, and the same hereby are, repealed.
4. That Boone & Company shall record a certified copy
96 J
-
,·'me 27 r 19i9
of this ordinance with the Clerk of the Circuit Court and shall
pay all fees required to accomplish this transaction.
On motion of Supervisor Robers, seconded by Supervisor
Johnson, and carried by the following recoreded vote:
AYES: Supervisors Johnson, RObers, McGraw, Nickens, Garrett
NAYS:
IN RE: CITIZENS' COMMENTS AND COMMUNICATIONS
1. Will Lindsey, Attorney for residents of Boones
Chapel landfill site spoke and requested that if one of the
sites is rejected after part A application that the next rated
site be brought into the process. He asked for reconsideration
of Supervisor Robers' earlier motion.
2. Roxey Fisher, Boones Chapel resident (1) Reminded
the Board of the flooding problems at the proposed landfill site:
(2) Asked for consideration of another access road to the site:
and (3) Requested road improvements in the area.
3. Deborah Zamorski, Boones Chapel resident (1) Prese-
nted a petition requesting that the Mount Pleasant site be in-
cluded in the landfill siting process: (2) Requested that Roanoke
County staff be willing to make information concerning the sites
more accessible to her in the future: and (3) That some action be
taken concerning mandatory recycling in the future.
96 4
J11n. 21. 1.8.
IN RE:
ADJOURNMENT
At 9:45 p.m., Supervisor Nickens moved to adjourn. The
motion was seconded by Supervisor Johnson and carried by a un-
animous
voice vo;y.
~Ýa~
I
, Lee Garrett, Chairman