HomeMy WebLinkAbout1/27/2009 - Adopted Board Records
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, JANUARY 27,2009
RESOLUTION 012709-1 TO AMEND, AND MODIFY THE
AUTHORIZATION FOR THE ABANDONMENT OF RIGHT-OF-WAY
SHOWN AS A PORTION OF BRENTWOOD COURT ON PLAT OF
SECTION NO.3 OF KINGSTON COURT, IN PLAT BOOK 11, PAGE 39,
OF THE ROANOKE COUNTY CIRCUIT COURT CLERK'S OFFICE,
AND THE ACCEPTANCE OF THE EXTENSION OF BRENTWOOD
COURT INTO THE STATE SECONDARY SYSTEM, SAID RIGHT-OF-
WAY LOCATED IN THE WINDSOR HILLS MAGISTERIAL DISTRICT
WHEREAS on September 9, 2008, the Roanoke County Board of Supervisors
adopted resolution # 090908-3 abandoning the portion of Brentwood Court, VA
Secondary Route 1983, as previously dedicated to public use in Plat Book 11, page 39,
the acceptance of the entire length of Brentwood Court from Chippenham Drive as
shown in Plat Book 27, page 156, and requesting permission from the Commonwealth
Transportation Commissioner for the vacation or "quit" of those portions of the original
cul-de-sac of Brentwood Court which no longer serve public convenience as to warrant
their maintenance at public expense; and
WHEREAS, questions have risen as to the exact distance measurement for the
total distance of the street identified as Brentwood Court, State Route Number 1983,
from the center line of its intersection with Chippenham Drive and the Virginia
Department of Transportation (VDOT) has requested that this Board's resolution
incorporate the information to be submitted on VDOT Form AM-4.3 for acceptance of
this street into the state secondary road system; and
WHEREAS, all other provisions of the Resolution # 090908-3 shall remain in full
force and effect.
1
NOW THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1) That pursuant to 9 33.1-155 of the Code of Virginia, 1950, as amended, this Board
hereby abandons from the secondary system of state highways so much of
Brentwood Court, State Route Number 1983, as denoted in the attached VDOT
Form AM-4.3.
2) That pursuant to 9 33.1-299 of the Code of Virginia, 1950, as amended, this Board
hereby requests the Virginia Department of Transportation to add this street,
Brentwood Court, State Route Number 1983, as described on the attached VDOT
form AM 4.3 to the secondary systems of highways.
3) That upon the County's receipt of notification from the Commonwealth
Transportation Commissioner as required by Section 33.1-154, Code of Virginia,
(1950 as amended) that any remaining public right of way is no longer deemed
necessary for public use, such property may be deemed vacated and may be
returned to adjoining landowners by subsequent action of this Board.
4) That this resolution shall be effective on and from the date of its adoption.
5) That a certified copy of this resolution shall be forwarded to the Salem Resident
Engineer for the Virginia Department of Transportation (VDOT).
On motion of Supervisor McNamara to adopt the resolution, and carried by the
following recorded vote:
AYES: Supervisors Moore, Church, McNamara, Altizer
NAYS: None
ABSENT: Supervisor Flora
2
A COpy TESTE:
~~~ /ftu~
Brenda J. Hol n, CMC
Deputy Clerk to the Board
C: Joe Obenshain, Senior Assistant County Attorney
Arnold Covey, Director, Department of Community Development
Virginia Department of Transportation
I hereby certify that the foregoing is a true and correct copy of Resolution 012709-1
adopted by the Roanoke County Board of Supervisors by a unanimous recorded vote,
with Supervisor Flora absent, on Tuesday, January 27, 2009.
Becky R. Meador
Deputy Clerk to the Board
3
..............".................-.... ................................................... n. ~ ~. .~~~ ..~;,~.~.~ !Y'.. ~~. ~.~~~~.~ ~~.................... ....................................... u' u _u.......................
By resolution oftltc governing body adopted January 27~ 2009
Int~ fol/()'S-ving J"1)()T p"oTln ~41tt-4.. 3 is hereb.)t attached and inl.~o"l~orated tiS JUJrt 01 the gO).'l.?rnilt.q bod..t's
re.'io[uti()n ..f'Jr (:hange.~ il1lhe .~ec(}1ldal:V ,~}~stelfl of state highu'u..vs.
A C:(1PY l'eSlee Sigtu.~d (l:'ounly l?fficial):
RCI)Ort of <:Ilanges ill the Sec.(.ndary S~ystem of State f-I:igllwa~ls
Prc3joclJSubdivision The Manor At Kineston Court
Tvoe Chanl!e to the Secondary System of State Hie:hwavs:
Abandonment
The following facilities of the Secondary System of State Highways are hereby ordered abandoned, pursuant to
the statutory authority cited:
Reason for (~hange:
Developer Project
fi33.1-155
Pursuant to Code of Virginia StiHlute:
Street Name and/or Route NUlYlber
~ Brentwood Court, State Route Number 1983
Old Route Number: 0
From: Rte. 1980 Chippenham Drive
To: 0.05 Miles South of Route 1980 Chippenham Dr., a distance of: 0.05 miles.
Tvpe Chan2e to the Secondary Svstem of State Hi2hwavs:
Addition
The following additions to the Secondary System of State Highways, pursuant to the statutory provision or
provisions cited, are hereby requested; the right of way for which, including additional easements for cuts, fills
and drainage, as required, is hereby guaranteed:
~<E:(l$On for (~har~~}E!:
Pursuant to Code of Virginia Si<itute:
New subdivision street
fi33.1-229
~~!~!!I;..~.!m.~.~.o.g!J~r..B2!t~~Lr~Yme~r.
~ Brentwood Court, State Route Number 1983
From: Rte 1980 Chippenham Drive
To: cul-de...sac, a distance of: 0.08 miles.
Recordation Reference: P.B. 27, P.G. 156
Right of Way width (feet) = 40 feet
VOOT i:l-:.rm !Vv1-.4.J ( 4l20t2.0r.rr;. Assat M:1!J:1gemcn1 Divkj,,,:'f1
Page 1 of I
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER, ON TUESDAY, JANUARY 27,2009
ORDINANCE 012709-2 AMENDING ORDINANCE 091107-8
APPROVING THE WEST ROANOKE RIVER FLOOD MITIGATION
PROJECT, PHASE II, AND AUTHORIZING THE ACQUISITION OF
ADDITIONAL REAL ESTATE AND PROVIDING FOR AN EMERGENCY
WHEREAS, on September 11, 2007 the Board of Supervisors of Roanoke
County adopted Ordinance 091107-8 accepting a flood mitigation grant from the
Federal Emergency Management Agency (FEMA) to purchase flood-prone homes
along the Roanoke River in west Roanoke County; and
WHEREAS, this ordinance also authorized the acquisition of real estate for these
purposes; and
WHEREAS, the purpose of the West Roanoke River Flood Mitigation Grant (the
Grant) is to reduce the number of structures located in the flood plain and subject to
repetitive flooding damages; and
WHEREAS, staff had identified three properties for acquisition, based upon the
severity of flooding and flooding depths; and
WHEREAS, the real estate to be acquired is located within the Roanoke River
flood plain and this area has been identified in the Federal Emergency Management
Agency Repetitive Loss List of Properties for acquisition based on severity of flooding;
and
WHEREAS, one of these properties consisted of four parcels instead of the two
parcels identified in this ordinance, and it is necessary to amend this ordinance to
authorize the acquisition of these additional parcels; and
1
WHEREAS, Section 18.04 of the Roanoke County Charter authorizes the waiver
of the second reading of an ordinance in an emergency upon a 4/5ths vote of the Board
of Supervisors. Time is of the essence in closing of the acquisition of this real estate;
therefore, the first reading of this ordinance was held on January 27, 2009, and the
second reading was dispensed with due to the emergency.
NOW, THEREFORE, be it ordained by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That the acquisition of real estate, referenced by tax map number, from
the following property owner, their successors or assigns, is hereby authorized:
Tax Map No.
Property Address
Owner
64.04-2-30
64.04-2-31
64.04-2-29
64.04-2-32
4697 West River Road
4697 West River Road
4697 West River Road
4697 West River Road
Lois Spigle
Lois Spigle
Lois Spigle
Lois Spigle
2. The consideration for each real estate acquisition shall not exceed a value
to be determined by an independent fair market value appraisal; and
3. That the consideration for each real estate acquisition shall be paid from
the West Roanoke River Flood Mitigation Project, Phase II, Grant funds and County's
match, not to exceed and subject to the amount of funds available; and
4. That in order to accomplish the provisions of the Grant and ordinance, the
Board previously adopted on December 18, 2001, by reference the "County of Roanoke
Hazard Mitigation Grant Program - Acquisition Policy," which established the
procedures and requirements by which acquisition of all real estate shall be
accomplished. The Board may amend this policy from time to time by resolution; and
2
5. That time being of the essence, an emergency exists, the second reading
of this ordinance has been dispensed with in accordance with the provisions of the
Roanoke County Charter.
6. That the County Administrator, or any Assistant County Administrator, is
hereby authorized to execute such documents and take such actions as may be
necessary to accomplish these acquisitions, all of which shall be on form approved by
the County Attorney's office.
On motion of Supervisor Church to approve the first reading, waive the second
reading upon a four-fifths vote of the Board, and adopt the ordinance as an emergency
measure, and carried by the following recorded vote:
AYES: Supervisors Moore, Church, McNamara, Altizer
NAYS: None
ABSENT: Supervisor Flora
A COpy TESTE:
~~ I~~
Brenda J. Hol on, CMC
Deputy Clerk to the Board
cc: Arnold Covey, Director, Community Development
Diane Hyatt, Chief Financial Officer
Rebecca Owens, Director, Finance
William Driver, Director, Real Estate Valuation
Paul Mahoney, County Attorney
3
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, JANUARY 27, 2009
ORDINANCE 012709-3 TO ACCEPT THE CONVEYANCE OF TWO PARCELS
OF UNIMPROVED REAL ESTATE FOR THE EXTENSION OF CHESTNUT
MOUNTAIN CIRCLE, ROUTE 1034, TO THE BOARD OF SUPERVISORS AND
TO AUTHORIZE THE ADDITION THEREOF TO THE STATE SECONDARY
SYSTEM OF HIGHWAYS
WHEREAS, as part of the extension of Chestnut Mountain Circle, State Route
1034, as part of a Roanoke County's Rural Addition project funded in partnership with
the Virginia Department of Transportation (VDOT), two adjacent land owners desired to
donate portions of their property in fee simple to Roanoke for right-of-way purposes to
permit the construction of a cul-de-sac at the terminus of Chestnut Mountain Circle; and
WHEREAS, Jeffrey W. Thomas and Rhonda L. Thomas and Patricia Rush
Williamson have freely and voluntarily entered into deeds to the Board of Supervisors of
the County of Roanoke, Virginia to thus allow the Board of Supervisors to obtain
ownership of the each property for purposes road construction upon approval of this
ordinance and recordation of a deed; and
WHEREAS, Section 18.04 of the Roanoke County Charter directs that the
acquisition and conveyance of real estate interests to the County of Roanoke be
accomplished by ordinance; the first reading of this ordinance was held on January 13,
2009, and the second reading and public hearing was held on January 27, 2009.
NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That the acquisition from Patricia Rush Williamson of approximately
0.0155 acres of real estate for purposes of location and construction of extensions and
improvements of Chestnut Mountain Circle, Route 1034, as shown on a plat entitled
1
"Plat showing right-of-way being conveyed to Board of Supervisors, Roanoke County by
PATRICIA RUSH WILLIAMSON Roanoke County Tax Map Parcel #61.04-02-78.00
situated along CHESTNUT MOUNTAIN CIRCLE, Vinton Magisterial District, Roanoke
County, Virginia" dated July 9, 2008, (Exhibit "A") is hereby authorized and approved.
2. That the acquisition from Jeffrey W. Thomas and Rhonda L. Thomas of
approximately 0.0155 acres of real estate for purposes of location and construction of
extensions and improvements of Chestnut Mountain Circle, Route 1034, as shown on a
plat entitled "Plat showing right-of-way being conveyed to Board of Supervisors,
Roanoke County by JEFFREY W. THOMAS & RHONDA L. THOMAS Roanoke County
Tax Map Parcel #61.04-02-80.00 situated along CHESTNUT MOUNTAIN CIRCLE,
Vinton Magisterial District, Roanoke County, Virginia" dated July 9, 2008, (Exhibit "B") is
hereby authorized and approved.
3. That the County Administrator or Assistant County Administrator are
hereby authorized to execute such documents and take such actions on behalf of
Roanoke County in this matter as are necessary to accomplish the acquisition of this
real estate, all of which shall be approved as to form by the County Attorney.
On motion of Supervisor Altizer to adopt the ordinance, and carried by the
following recorded vote:
AYES: Supervisors Moore, Church, McNamara, Altizer
NAYS: None
ABSENT: Supervisor Flora
A COPY TESTE:
~a. ~ fflJ.4-
Brenda J. Hol on, CMC
Deputy Clerk to the Board
2
c: Paul Mahoney, County Attorney
Diane Hyatt, Chief Financial Officer
Rebecca Owens, Director, Finance
Arnold Covey, Director, Community Development
Tarek Moneir, Deputy Director, Development
Philip Thompson, Deputy Director, Planning
William Driver, Director, Real Estate Valuation
3
N/F
TAX PARCEL 61.04-2-81
GARY A_ MYERS
GYYNNE D_ MYERS . ..VED
NEWTRACTB .... . .PA
0.8. 1296, PG. 459 512.:..47,YO?-- - -
_____ 319.94
N/F
TAX PARCEL 61.04-2-76
ELIZABETH R_ HEVENER
LOT 1 BLOCK 2
CHESTNUT MOUNTAIN ESTATES 1
_ _ L N2~58'oo"E' INSTR. #200302287
145.167" --
N/F
TAX PARCEL 61.04-2-80
JEFFREY w: THOMAS
RHONDA L. THOMAS
PT TRACT 5
C.L. BUSH ESTATE
D.B.1388, PG 1584
N/F
TAX PARCEL 61.04-2-77
ELIZABETH R_ HEVENER
PT TRACT 5
CURVE DA TA
CURVE 7- CURVE: ":4-
Rar25.oo' R-25.00'
L-I7..J.J' L-I7..J.J'
D~.J9-42'49 - D-.J9-42'49-
T=9.0.J' T-9.0.J'
CH-N49-47'.J6"W CH-S89-.J0'24~
CHORD DIST. -16.98' CHORD DIST. -16.98'
CURVE T. CURVE: -8.
R=40.00' R-40.00'
L~55.45' L-55.45'
D-79~5'.J8- D-79-25'.J8-
T=.J.1.22' T-.J.J.22'
CH-N69-.J9 '00'" CH-S69-.J9 'OO-E
CHORD DIST.-51.12' CHORD DIST.-51.12'
-B-
,
MASONRY
WALL
LENGTH
1.1.97'
2.00'
u.P. -0
" "'I I.P.F.
" L2
GUY J SJ'J"~" -- L 1............ ............
~~~ ~~~ ............
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~ . N2B-28'OO-c............. ............
~5J-"-" ............ ~ APPROXIMATE
.......... L004T10N
10.0' P.u.E.
D.B. 9.15, PG. 7.16
N/F
TAX PARCEL 61.04-2-78
PA TRICIA RUSH WILLIAMSON
PT TRACT 5
CURVE -0. CURVE -C.
R=25.00' R-25.00'
L-I7.JJ' L-I7.JJ'
D=.J9-42'49- D-.J9-42'49-
~~~' ~~~' ~
CHarN89-.J0'24 "W CH-S49-47'.J6~ ~
CHORD DIST.-16.98' CHORD DIST.-16.98' 'OoJ
~\O/'~5
;y\"\'
C.L. BUSH ESTATE
W.B. 55, PG. 493
liNE
LI
L2
N/F
TAX PARCEL 61.04-2-79
JOYCE R_ SHIELDS
PT TRACT 5
c.L. BUSH ESTATE
0.8. 976, PG. 810
~
EXHIBIT "A"
RIGHT-OF-WAY TO BE ACQUIRED
AREA= 675.76 S.F. 0.0155 Ac.
PLAT SHOWING
RIGHT-OF-WAY BEING CONVEYED
TO
BOARD OF SUPERVISORS, ROANOKE COUNTY
SANffARY MANHOLE -,-
TOP ELEV.-1212.9'
E. INV. IN=-120 7. 7'
S. INV. OUT-1207.6'
~.. r~,'
· ,its.,
.~;1~~~~,: ·
BY
Patricia Rush Williams
ROANOKE COUNTY TAX MAP PARCEL #61.04-02-78.00
SITUATED ALONG CHESTNUT MOUNTAIN CIRCLE
VINTON MAGISTERIAL DISTRICT
ROANOKE COUNTY, VIRGINIA
SCALE: 1"= 50' DATE: JULY 9, 2008
PREPARED BY ROANOKE COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT
SANITARY MANHOLE ~-
TOP ELEV.-12.J2.95'
N/E INV. IN-1227.95'
S/E INY. IN-1227.9'
If. INV. OUT -1226. 1 '
; . ~.~
liNE
LI
L2
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INV. OUT~ .....:-~.:: ~ ti I ;(\
TAX PARCEL 61.04-2-80 ELEV. 1198.1' I.....:-.:-~)':~:~' '. /~'
~ 1.1. "t~'k
JEFFREY ViI. THOMAS ~ ~ ( : : r-~~
RHONDA L. THOMAS ~Iti"i I !
PT TRACT 5 "I~ \7 : ~l
C.L. BUSH ESTATE 1 MAIL; I....t'. .1\..
BOX I I~
D.8.1388, PG 1584 MASONRY .)'1 I ~
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,/ ;."" ..p~,\:>"""""" ............ ............
/ N/F 0 ~CP , ' ,
.0 \0.. "-
TAX PARCEL 61.04-2-79 0 N2B-2S""'.r' ,
- - VV4:;;: "- f"-. .-
JOYCE R_ SHIELDS 144.53~ ~ '- APPROXIMATE
PT TRACT 5 ........... LOCATION
c.L. BUSH ESTATE 10.0' P.u.E.
D.B. 935, pr;. 736
N/F
TAX PARCEL 61.04-2-81
GARY A_ MYERS
GYYNNE D_ MYERS
NEW TRACT B
0.8. 1296, PG. 459 S1~47YOJ!--- - -
______ 319.94
N/F
TAX PARCEL 61.04-2-76
ELIZABETH R_ HEVENER
LOT 1 BLOCK 2
- - L N2Y58'o0"E
145.16'
CHESTNUT MOUNTAIN ESTATES 1
INSTR. #200302287
N/F
TAX PARCEL 61.04-2-77
ELIZABETH R. HEVENER
PT TRACT 5
CURVE DA TA
CURVE 7- CURVE ~-
R=25.00' R~25.00'
L~ 17.33' L~ 17.33'
D:.39-42 '49 - D~39.42 '49-
T-9.03' T~9.03'
CH==N49-47'.J6"W CH-S89-30 '24 "E
CHORD DIST.==16.98' CHORD DIST.~16.98'
CURVE T' CURVE -8'
R==40.00' R~40. 00'
L :.55.45' L ==55. 45'
D~79-25'.J8- D==79~5'.J8-
T ==33.22' T =33.22'
CH=N69-39 '00 "W CH~S69-39 '00 "E
CHORD DIST.~51. 12' CHORD D/ST. ~51. 12'
'-- MASONRY
WALL
CURVE -D' CURVE -C'
R=25. 00' R~25. 00'
L:.I7.33' L==I7.33'
D==39-42 '49 - D==39-42'49-
~~~' ~~~' /
CH==N89-30 '24 "W CH~S49-47'.J6 "E
CHORD DIST.~16.98' CHORD DIST.~16.98' O"~
'0 ~
~,\O/~5
~Ar'\'
LENGTH /'.
13.97'
2.00'
N/F
TAX PARCEL 61.04-2-78
PA TRICIA RUSH WILLIAMSON
PT TRACT 5
C.L. BUSH ESTATE
W.B. 55, PG. 493
0.8. 976, PG. 810
SANITARY MANHOLE -1-
TOP ELEV.~1212.9'
E. INV. IN~ 1207.7'
S. /NV. OUT~ 1207.6'
EXHIBIT "B"
PLAT SHOWING
RIGHT-OF-WAY BEING CONVEYED
TO
SUPERVISORS, ROANOKE COUNTY
BY
JEFFREY W. & RHONDA L. THOMAS
~ RIGH~-OF-WAY TO BE ACQUIRED
~ AREA- 675.76 S.F. 0.0155 Ac.
BOARD OF
SANITARY MANHOLE "2-
TOP ELEV. == 1232.95'
N/E INV. IN~1227.95'
S/E INV. IN~ 1227.9'
~ INV. OUT == 1226. 1 '
ROANOKE COUNTY TAX MAP PARCEL #61.04-02-80.00
SITUATED ALONG CHESTNUT MOUNTAIN CIRCLE
VINTON MAGISTERIAL DISTRICT
ROANOKE COUNTY, VIRGINIA
SCALE: 1"= 50' DATE: JULY 9, 2008
PREPARED BY ROANOKE COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, JANUARY 27,2009
RESOLUTION 012709-4 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:
That the certain section of the agenda of the Board of Supervisors for January 27,
2008 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. Request from the Police Department to accept and appropriate a
Commonwealth of Virginia Department of Health Grant in the amount of $1,000
for the Bike Smart Virginia Bicycle Helmet/Rodeo
2. Request from the schools to accept and appropriate funds in the amount of
$64,200 for fiscal year 2008-2009 for services rendered to Medicaid eligible
students
3. Request from the schools to accept and appropriate funds in the amount of
$30,000 for incentive from the Commonwealth of Virginia for Nationally Board
Certified Teachers
4. Confirmation of Board member appointments to committees, commissions, and
boards for 2009
That the Clerk to the Board is hereby authorized and directed where required by law
to set forth upon any of said items the separate vote tabulation for any such item pursuant
to this resolution.
On motion of Supervisor McNamara to adopt the consent resolution, and carried by
the following recorded vote:
AYES: Supervisors Moore, Church, McNamara, Altizer
NAYS: None
ABSENT: Supervisor Flora
A COpy TESTE:
~t-~. ~
Brenda J. H ton, CMC
Deputy Clerk to the Board
c: Rebecca Owens, Director, Finance
Dr. Lorraine Lange, School Superintendent
Brenda Chastain, Clerk, School Board
James R. Lavinder, Chief of Police
Lt. Steve Turner, Grant Coordinator, Police Department
2
ACTION NO. A-012709-4.a
ITEM NO. J-1
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE:
January 27, 2009
AGENDA ITEM:
Request from the Police Department to accept and appropriate
a Commonwealth of Virginia Department of Health Grant in the
amount of $1,000 for the Bike Smart Virginia Bicycle Helmet
SUBMITTED BY:
James R. Lavinder
Chief of Police
APPROVED BY:
John M. Chambliss, Jr.
County Administrator
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
The Department of Health has approved an application for the Bike Smart Virginia Bicycle
Helmet/Rodeo Mini-Grant in the amount of $1,000. The grant will provide funds for the
Police Department to purchase bicycle helmets to hand out at bicycle rodeos and other
events to encourage safe bicycle riding. There is no cost to Roanoke County.
FISCAL IMPACT:
None.
ALTERNATIVES:
None.
STAFF RECOMMENDATION:
Staff recommends acceptance and appropriation of this Department of Health grant in the
total amount of $1,000.
1
VOTE:
Supervisor McNamara moved to approve staff recommendation
Motion Approved
Yes No Absent
Ms. Moore ~ D D
Mr. Church ~ D D
Mr. Flora D D ~
Mr. McNamara ~ D D
Mr. Altizer ~ D D
c: Ray Lavinder, Chief of Police
Rebecca Owens, Director of Finance
Lt. Steve Turner, Police Department Grant Coordinator
2
ACTION NO. A-012709-4.b
ITEM NO. J-2
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE:
January 27, 2009
AGENDA ITEM:
Request from the schools to accept and appropriate funds in
the amount of $64,200 for fiscal year 2008-2009 for services
rendered to Medicaid eligible students
APPROVED BY:
John M. Chambliss, Jr.
County Administrator
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
Roanoke County Schools requests that the Board accept and appropriate the following:
Roanoke County Public Schools bills for direct services rendered to Medicaid eligible
students. At present time, the school system has collected approximately $73,423 in
interim payments. At the end of the 2008-2009 school year, a cost report will be submitted
and a final settlement will be based on this report. At best estimate, this process will be
completed in November 2009. Any deficit between the final and interim payments will be
offset with 2009-2010 revenues; therefore, this funding is requested on a year-to-year
basis. The costs associated with and the certification requirements of current personnel
have increased due to the constantly changing Medicaid regulations.
The total appropriation request is $64,200. Included in this request are costs for Medicaid
Related Licensures, equipment, and testing.
FISCAL IMPACT:
The School operation fund will be increased by the fiscal year 2008-09 estimated Medicaid
revenue of $64,200.
AL TERNATIVES:
None
1
STAFF RECOMMENDATION:
Staff recommends the appropriation of funds in the amount of $64,200 for fiscal year
2008-09.
VOTE:
Supervisor McNamara moved to approve staff recommendation
Motion Approved
Yes No Absent
Ms. Moore ~ D D
Mr. Church ~ D D
Mr. Flora D D ~
Mr. McNamara ~ D D
Mr. Altizer ~ D D
c: Rebecca Owens, Director, Finance
Dr. Lorraine Lange, School Superintendent
Brenda Chastain, Clerk, School Board
2
ACTION NO. A-012709-4.c
ITEM NO. J-3
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE:
January 27, 2009
AGENDA ITEM:
Request from the schools to accept and appropriate funds in
the amount of $30,000 for incentive from the Commonwealth
of Virginia for Nationally Board Certified Teachers
APPROVED BY:
John M. Chambliss, Jr.
County Administrator
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
Roanoke County Schools requests that the Board accept and appropriate the following:
Each year, teachers who are Nationally Board Certified receive an incentive 'from the
Commonwealth of Virginia that must be processed through Roanoke County Schools'
accounting process. The Commonwealth of Virginia will electronically transfer $30,000 to
cover the incentive and the payroll office will distribute on the next available payroll.
FISCAL IMPACT:
The personnel budget will be increased by $30,000
ALTERNATIVES:
None
STAFF RECOMMENDATION:
Staff recommends the acceptance and appropriation of $30,000 to fund the Nationally
Board Certification incentive.
1
VOTE:
Supervisor McNamara moved to approve staff recommendation
Motion Approved
Yes No Absent
Ms. Moore ~ D D
Mr. Church ~ D D
Mr. Flora D D ~
Mr. McNamara ~ D D
Mr. Altizer ~ D D
c: Rebecca Owens, Director, Finance
Dr. Lorraine Lange, School Superintendent
Brenda Chastain, Clerk, School Board
2
ACTION NO. A-012709-4.d
ITEM NO. J-4
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE:
January 27, 2009
Confirmation of Board member appointments to committees,
commissions, and boards for 2009
AGENDA ITEM:
SUMMARY OF INFORMATION:
At the January 13, 2009, Board meeting, a closed meeting was held to discuss Board
appointments to committees, commission, and boards for 2009.
Chairman Altizer advised that it was the consensus of the Board to place confirmation of
the attached appointments on the consent agenda for the January 27,2009, meeting.
VOTE:
Supervisor McNamara moved to approve confirmation of Board member appointments for
2009.
Motion Approved
Yes No Absent
Ms. Moore ~ D D
Mr. Church ~ D D
Mr. Flora D D ~
Mr. McNamara ~ D D
Mr. Altizer ~ D D
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, JANUARY 27, 2009
RESOLUTION 012709-5 CERTIFYING THE CLOSED MEETING WAS
HELD IN CONFORMITY WITH THE CODE OF VIRGINIA
WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened a
closed meeting on this date pursuant to an affirmative recorded vote and in accordance
with the provisions of The Virginia Freedom of Information Act; and
WHEREAS, Section 2.2-3712 of the Code of Virginia requires a certification by the
Board of Supervisors of Roanoke County, Virginia, that such closed meeting was
conducted in conformity with Virginia law.
NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke
County, Virginia, hereby certifies that, to the best of each member's knowledge:
1. Only public business matters lawfully exempted from open meeting requirements
by Virginia law were discussed in the closed meeting which this certification resolution
applies, and
2. Only such public business matters as were identified in the motion convening the
closed meeting were heard, discussed or considered by the Board of Supervisors of
Roanoke County, Virginia.
On motion of Supervisor Altizer to adopt the resolution, and carried by the following
recorded vote:
AYES: Supervisors Moore, Church, McNamara, Altizer
NAYS: None
ABSENT: Supervisor Flora
A COpy TESTE:
~~,~
Brenda J. Holt n, CMC
Deputy Clerk to the Board
ACTION NO. A-012709-6
ITEM NO. S-1
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE:
January 27, 2009
AGENDA ITEM:
Public hearing to receive comments on an administrative
appeal requested by Brian Perkins from the Zoning
Administrator's interpretation of proffered zoning conditions
from a rezoning dated July 28, 1987, regarding truck repairs
and storage, 6190 Twine Hollow Road, Catawba Magisterial
District
SUBMITTED BY:
Joseph B. Obenshain
Senior Assistant County Attorney
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
This agenda item concerns the appeal of a ruling of the Zoning Administrator as to the
terms of proffered conditions adopted by this board in a 1987 rezoning application. The
county's zoning ordinance (Sec. 30-15-3) allows an aggrieved party to appeal to the
Board of Supervisors within thirty days of receiving an interpretation of the Zoning
Administrator concerning the enforcement of rezoning conditions. In hearing this appeal,
the Board is acting in a judicial capacity to rule upon the merits of the objection to the
ruling. The legal standard to be applied is whether the Administrator's decision is
arbitrary and capricious or without evidence to support it.
The property at issue consists of 11.72 acres on Twine Hollow Road in the Catawba
Magisterial District in close proximity to the county's Dixie Caverns landfill property. On
July 28, 1987, the property was rezoned at the owner's request to "M-2, Manufacturing"
(now "1-2, industrial" in current zoning ordinance) from "A-1, Agricultural". As the time of
this rezoning, the owner submitted a signed proffered condition which states that "this
parcel shall only be used for truck repairs and storage. "
1
In January, 2008, Roanoke County zoning officials received complaints of an
accumulation of a large number of waste tires being stored on this property. Staff
promptly notified the Virginia Department of Environmental Quality (DEQ) regional
office. Joint observations of the site with DEQ personnel, including aerial photos,
occurred over the next six weeks. On March 25, DEQ issued a Warning Letter to the
property owners. Subsequently, a meeting was held in April, 2008, with the current
occupant, Brian Perkins, at the request of county staff which included DEQ
representatives and staff from the fire marshal's office.
DEQ staff inspected the site in early August and another meeting was held with the
occupant and his attorney in September. DEQ issued a Notice of Violation on August
22, 2008, and is currently studying possible enforcement action against the property
owner or tenant. DEQ has not issued any permits for the use of this property to store or
dispose of the number of tires currently on the property.
The office of the Roanoke County Fire Marshal is also concerned about the quantity of
tires currently stored on this property. On January 15, 2009, a "Recognition of Code
Violations and/or Compliance" form a.nd accompanying letter of explanation was
delivered to Brian Perkins by Gary Huffman. The state fire code governs a tire
shredding or recycling operation and requires the operator to obtain a permit from the
fire marshal's office. Such a permit would address issues of water supply, volume and
separation of tire piles, proximity to combustible materials, access, fencing and security,
and the adequacy of a fire safety plan. Within thirty (30) days of receipt of such
notification, the occupant must comply with the applicable fire code requirements or
remove the tires from the property. The fire marshal's office intends to inspect the
property on February 16, 2009, to verify the level of fire code compliance.
On Noverrlber 10, 2008, a Notice of Zoning Violation was issue to the property owners,
Walter Bandurski and Michael Bandurski of Smyrna, Delaware. The current occupant of
this parcel is Brian Perkins who is leasing the property from the Bandurski's; Walter
Bandurski signed the appeal form. The Notice of Zoning Violation informed the property
owners their use of this property for operation of a tire recycling business, a rubber
reprocessing facility and for storage of tires violated the proffered conditions adopted by
the Board of Supervisors in 1987 at the owner's request.
It was the intent of the property owner who requested a rezoning by the county in 1987
to restrict the property's use to truck repairs and storage. The owner's voluntary use of
the word llonly" in their proffered conditions restricts the current use of the property to
that specified in the Board's Final Order of July 28, 1987. The word llstorage" obviously
modifies the words lltruck repairs" and was not intended to permit other types of
storage. The current definition for truck repairs in the county's zoning ordinance
contains no provision for the storage or processing of waste tires, whether from trucks
or other motor vehicles. The accumulation of several thousand waste tires on the
premises by the tenant or owner is and remains a violation of the county's zoning
ordinance and was not the intent of the 1987 rezoning of this property.
2
ALTERNATIVES:
Alternative 1: Uphold the opinion of the Zoning Administrator and deny this appeal.
Alternative 2: Overrule the determination of the Zoning Administrator and permit the
owner and tenant to store waste tires and to operate a tire shredding and
rubber recycling business on the premises.
STAFF RECOMMENDATION:
Staff recommends approval of Alternative 1.
VOTE:
Supervisor Church moved to approve staff recommendation
Motion Approved
Yes No Absent
Ms. Moore ~ D D
Mr. Church ~ D D
Mr. Flora D D ~
Mr. McNamara ~ D D
Mr. Altizer ~ D D
c: Joe Obenshain, Senior Assistant County Attorney
Philip Thompson, Deputy Director, Planning
Arnold Covey, Director, Community Development
Tarek Moneir, Deputy Director, Development
John Murphy, Zoning Administrator
Brian Perkins, Petitioner
Lance Hale, Esq., Counsel for Petitioner
3
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, JANUARY 27,2009
RESOLUTION 012709-7 APPROVING AND ADOPTING AN
AMENDMENT TO THE COMPREHENSIVE PLAN FOR ROANOKE
COUNTY, VIRGINIA, INCORPORATING THE ROUTE 221 AREA PLAN
WHEREAS, on December 2, 2008, the Planning Commission held a public
hearing on an amendment to the Comprehensive Plan incorporating the Route 221
Area Plan, after advertisement and notice as required by Section 15.2-2204 of the Code
of Virginia, and on December 15, 2008, adopted a resolution recommending that the
Board of Supervisors review and adopt a revised Comprehensive Plan for Roanoke
County; and
WHEREAS, on January 27, 2009, the Board of Supervisors held a public hearing
on an amendment to the Comprehensive Plan incorporating the Route 221 Area Plan,
after advertisement and notice as required by Section 15.2-2204 of the Code of Virginia;
and
WHEREAS, Roanoke County, Virginia, has a long and successful history of
community planning that has emphasized citizen involvement and participation; and
WHEREAS, Section 15.2-2223 of the Code of Virginia requires that the Planning
Commission of every jurisdiction shall prepare and recommend a comprehensive plan
for the physical development of their jurisdiction; and
WHEREAS, Section 15.2-2229 of the Code of Virginia provides for amendments
to the comprehensive plan by the Planning Commission if so directed by the Board of
Supervisors; and
1
WHEREAS, the Planning Commission has reviewed and recommended an amendment
to the Comprehensive Plan for Roanoke County entitled "Route 221 Area Plan," and
said plan has been prepared in accordance with Sections 15.2-2223, 2224, and 2229 of
the Code of Virginia; and
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That the Comprehensive Plan is hereby amended by the adoption of the
Route 221 Area Plan, including a modified future land use scenario #2, referred to in the
plan as scenario #4, and the modified utility phasing plan scenario #2, referred to in the
plan as scenario #4, and incorporating this study into the Plan.
2. That this Resolution is effective from and after January 27, 2009.
On motion of Supervisor McNamara to adopt the resolution and approve the
Route 221 Area Plan, Scenario 4, with the accompanying Scenario 4 Utility Phasing
Plan, and carried by the following recorded vote:
AYES: Supervisors Moore, Church, McNamara, Altizer
NAYS: None
ABSENT: Supervisor Flora
A COpy TESTE:
~~,~
Brenda J. H Iton, CMC
Deputy Clerk to the Board
c: Philip Thompson, Deputy Director, Planning
Arnold Covey, Director, Community Development
Tarek Moneir, Deputy Director, Development
2