HomeMy WebLinkAbout11/18/1997 - Adopted Board RecordsA-111897-1
ACTION NO.
ITEM NUMBER
AT A REGULAR MEETING OF THE
SUPERVISORS
OOCENTOKE
ER
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION
MEETING DATE: November 18, 1997
AGENDA ITEM: Request from National Association of Counties (NACO) for a
contribution to fund a Legal Defense Fund to oppose changes
in the 1996 Telecommunications Act
COUNTY ADMINISTRATOR'S COMMENTS:
BACKGROUND:
The National Association of Counties (NACo) was involved in lobbying the
Telecommunications Act of 1996 and was successful in protecting county interests in the
areas of zoning of cellular towers and other issues. Due to NACO's lobbying efforts, the
1996 Act gave local governments the authority to regulate the location of towers by zoning
or other permitting regulations.
They are now in the process of developing a legal defense fund to resist attempts by the
telecommunications industry to preempt local government authority and overturn local
government protections in the Telecommunications Act. Local governments are most
concerned with rights-of-way authority, cellular and broadcast tower zoning authority and
local government revenue raising authority as it applies to telecommunications services.
SUMMARY OF INFORMATION:
NACo will coordinate with the U. S. Conference of Mayors and the National League of
Cities in the hiring of counsel to represent local governments before the FCC. Currently
there are three petitions pending for the FCC, all of which would preempt local zoning
authority to various degrees. Additional information on the cases is in the attached letter
from NACo.
NACO is requesting contributions for the legal defense fund based on population and they
are requesting $1,000 from Roanoke County (50,000 - 250,000 population). Roanoke
County has already faced one potential lawsuit over this issue, and we could spend far
more than the $1,000 that is requested by NACo.
FISCAL IMPACT
i
Funds were not included for this unplanned expense in the 1996/97 budget. The
contribution could be appropriated from the Board Contingency Fund or the
Unappropriated Balance.
STAFF RECOMMENDATION
Staff recommends that the Board of Supervisors appropriate $1,000 from the Board
Contingency Fund to be contributed to the NACo Telecommunications Defense Fund.
Respectfully Submitted by:
Elmer C. Hodge
County Administrator
cc: File
Diane D. Hyatt, Director, Finance
NACo Telecommunications Defense Fund
ACTION
VOTE
No. Yes Abs
Approved (x)
Motion by: H. C. Nickens to approve
Eddy
_ x
Denied ()
staff recommendation contribution of
Harrison
_ x _
Received ()
$1.000 from funds other than Board
Johnson
_ x
Referred ()
Contingency Fund
Minnix
_ x _
To ()
Nickens
_ x _
cc: File
Diane D. Hyatt, Director, Finance
NACo Telecommunications Defense Fund
NA
o National Association of Counties
October 29, 1997
Mr. Elmer C. Hodge
County Administrator
Roanoke County
P.O. Box 29800
Roanoke, VA 24018-0798
Dear Mr. Hodge:
At the recommendation of the Virginia Association of Counties, I am writing to
you concerning a NACo fundraising effort to secure resources to develop a
coordinated legal campaign to resist efforts by various interests in the
telecommunications industry to preempt local government authority.
As you may know, NACo was very much involved in lobbying the
Telecommunications Act of 1996 and was successful in protecting county interests in
the areas of the zoning of cellular tower and compensation and management of the
public rights-of-way. It is now apparent to us that there is a need to raise funds to
develop a legal defense fund to resist attempts by the industry which is seeking to
preempt traditional local government authority and overturn local government
protections in the Telecommunications Act by petitioning the Federal
Communications Commission (FCC) and filing suits in the courts. For county and
other local governments, the areas of greatest concern are rights-of-way authority,
cellular and broadcast tower zoning authority, and local government revenue raising
authority as it applies to telecommunications services.
With our telecommunication legal defense fund, NACo will coordinate with the
U.S. Conference of Mayors and the National League of Cities in the hiring of counsel
to represent local governments before the FCC and in the courts on cases the local
government organizations believe to be precedent setting and relate to the issues
mentioned above.
Currently there are three petitions pending before the FCC, all of which would
preempt local zoning authority to various degrees. The first would preempt local
authority to establish temporary moratoria on cellular tower siting; a second would
amend the existing rule on the environmental affects of radio frequency emissions
from cellular towers, including an attempt to remove local government from
monitoring radiation from cellular towers; and a third would preempt much of local
440 First Street, NW
Washington, DC 20001-2080
202/393-6226
Fax 201/393-2630
r1
LJ
Page 2
government's authority over the zoning and siting of broadcast towers, a very
important issue as the shift to digital television occurs. In addition, the FCC recently
issued its decision on the Troy, Michigan right-of-way case brought by TCI
Cablevision and it may be necessary to ask the FCC look at the case again or ask the
courts to review the decision.
The following is what we are asking counties to contribute.:
Population Contribution
0-25,000 $300
25-50,000 $500
50-250,00 $1000
250,000 -above $2000
Please make your check payable to the National Association of Counties and
designate it for the Telecommunications Defense Fund. It should be sent to NACo,
P. O. Box 79007, Baltimore, MD 21279-0007.
Thank you for your consideration in this matter. If you have any questions, please
contact me or Bob Fogel (202-942-4217) at NACo.
Sincerely,
L Naake
Executive Director
A-111897-2
ACTION NO,
ITEM NUMBER 4E`
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: November 18, 1997
AGENDA ITEM: Consideration of Governor Allen's Additional Thanksgiving,
Christmas and New Year Holidays
COUNTY ADMINISTRATOR'S COMMENTS:
BACKGROUND:
The Roanoke County Employee Handbook provides for any additional holidays appointed
by the Board of Supervisors or the Governor of Virginia to be added to the 88 -hour
maximum for County employees (See Attachment A). For the last six years, the Governor
of Virginia has declared additional holidays around Thanksgiving, Christmas and New
Years, and the County Offices have followed that schedule as follows:
1997
3 days (proposed)
1996
2.5 days off
1995
4 days off
1994
1.5 days off
1993
2 days off
1992
2 days off
1991
3 days off
SUMMARY OF INFORMATION:
On November 1, 1997, the Governor of Virginia authorized additional holiday time at
Thanksgiving, Christmas and New Years (see Attachment B). All State offices are to
close on Noon Wednesday, November 26. Also, all State offices will close at Noon on
Wednesday, December 24, all day on Friday December 26 and on Friday, January 2,
1998. The Governor advised that this holiday leave is granted in addition to employees'
annual leave and will not count against employees' regular leave balances. Several Board
members requested that the additional days off be placed on this agenda for discussion
and approval by the Board. They further requested that we review the holiday schedule
for 1998 at this time. Attached is a list of the holidays and a 1998 calendar with those days
circled (Attachment C). The Board may recall that several years ago, at my request, the
Election Day holiday was eliminated and instead the County Offices were closed the
Friday after Thanksgiving.
The Judge has already authorized Constitutional Offices located in the Roanoke, Roanoke
County, and Salem courthouses to be closed. The School Board has authorized the
School Superintendent to decide whether the School Administrative offices will close on
the extra days provided for by the Governor. They plan to follow the same schedule as the
County Offices and are waiting for a decision by the Board of Supervisors. The teaching
staff follows a different holiday schedule and receives 10 days off from December 22
through January 2.
FISCAL IMPACT:
The Police, Fire/Rescue and Sheriff Departments will incur total overtime costs of
approximately $10,000. The departments have always absorbed these costs without
additional funding.
STAFF RECOMMENDATION:
I recommend that the County employees be allowed to take the additional holidays
authorized by Governor Allen as outlined in the Employee Handbook and already
approved for Constitutional Offices in the Courthouse. Your approval will also allow the
School Administrative staff to take the same holiday schedule.
Submitted by:
Elmer C. Hodge
County Administrator
cc: File
Joe Sgroi, Director, Human Resources
Dr. Deanna Gordon, School Superintendent
---------------------------------------------------------------------------
ACTION
VOTE
No. Yes Abs
Approved (x)
Motion by: H. C. Nickens to approve
Eddy
_ x _
Denied ()
granting three days as directed by the
Harrison
_ x _
Received ()
Governor and revise Employee Handbook
Johnson
_ x _
Referred ()
to delete "or the Governor of Virginia" from
Minnix
_ x
To ()
the holiday schedule section
Nickens
_ x
cc: File
Joe Sgroi, Director, Human Resources
Dr. Deanna Gordon, School Superintendent
ATTACHMENT A
EMPLOYEE HANDBOOK
K. Holiday Schedule
The following days shall be observed as holidays:
New Year's Day
Lee -Jackson -King Day
George Washington Day
Memorial Day
Independence Day
Labor Day
Columbus Day
Veteran's Day
Thanksgiving Day
Day after Thanksgiving
Christmas Day
January 1
3rd Monday in January
3rd Monday in February
Last Monday in May
July 4
1st Monday in September
2nd Monday in October
November 11
4th Thursday in November
Friday following 4th Thursday in November
December 25
and any other days approved by the Board of Supervisors or the Governor of Virginia
as a legal holiday or for State and/or County offices to close. The Board of Supervisors
reserves the right to amend the holiday schedule at any time and to increase or decrease
the number of holidays observed. For those offices that remain open on designated
holidays or do not follow the established holiday schedule, the total number of paid
holidays shall not exceed 11 eight-hour working days or 88 hours. Any additional day(s)
appointed by the Board of Supervisors or the Governor of Virginia will be added to the,
88 -hour maximum for these offices. Holidays are considered an eight-hour work period
that falls on the specified holiday.
When a holiday falls on Saturday, the Friday before the holiday will be observed. When
a holiday falls on Sunday, the Monday following the holiday will be observed.
All regular full-time employees are eligible to receive pay for observed holidays.
However, an employee must be on pay status the full workshift (normally eight hours)
before and after the holiday to receive holiday pay. Employees who are on leave without
pay on the work day immediately before or after a holiday will not be paid for that
holiday.
Those County employees required to work on holidays will be paid following the
guidelines found in Chapter VII, section F, "Holiday Compensation."
-3
ATTACHMENT B
GOVERNOR ALLEN MEMO
f
CO2(11MONWEALTH of VIRC41NIA
MFIMQ nU1�
office of the Governor
November 1, 1997
OCT 2 91997
TO: AAI Mate Brnployac'
FROM: GItorge Allen
SUBJECT: Holiday
I am authotiziug additional holiday tuna for all stjic ernploytes at Tbanksgiv ng and
Christmas, i wanted to give you this information m advan„e so that you caul Wakc t:ravcl
plans early and take advantage of special fares. The modified holiday schedule is as
follows:
State offices are closed on Thursday, Novamber 27, and Friday, November 28, for
Thanksgiving. All State offices 1I; 10 closc_a na n n -- Wedrtts% Novem
aS,A well.
I TNS+
State 4£#icas wy11 be closed on Thursday, Dec=ber 25, for Christmas Day and
Thursday, Jwiuuy 1, for New Year's 17ay., I. addition Stg,tktff —will 1
Normal agcncy procedures, as sct forward by APT, will ba used in implcmen6ng this
additional holiday leave for agencies with 24-hour 006tations. Agencies which arc
required to be in full operation on the additional days designated above will "tab lish ars
altemate schedule as provided for in personnel policies.
This holiday lcave is granted in addition to your annual latae and will not count against
your rtgular lcavc balances. If you have already Tetlatsted atlnual leave during this tune,
your agency persanMel 011zCe will ensure that your leave balances will :lot be ohorged.
Thank you for your cortit ued outstanding service to our Commotawca,lth.
Sut• Capitol • kkAmond, Ylgl?-Ja 23219 • (04) 7WI211 • TDO (rot) 971.81178
AE3
T07AL P . L1d
ATTACHMENT C
1998 1998 HOLIDAY SCHEDULE
�VVVy New Year's Day
Lee -Jackson -King Day
George Washington Day
Memorial Day
Independence Day
Labor Day
Columbus Day
Veteran's Day
Thanksgiving Day
Day after Thanksgiving
Christmas Day
Pam Usn
January 1
3rd Monday in January
3rd Monday in February
Last Monday in May
July 4
1st Monday in September
2nd Monday in October
November 11
4th Thursday in November
Friday following 4th Thursday in November
December 25
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�VVVy New Year's Day
Lee -Jackson -King Day
George Washington Day
Memorial Day
Independence Day
Labor Day
Columbus Day
Veteran's Day
Thanksgiving Day
Day after Thanksgiving
Christmas Day
Pam Usn
January 1
3rd Monday in January
3rd Monday in February
Last Monday in May
July 4
1st Monday in September
2nd Monday in October
November 11
4th Thursday in November
Friday following 4th Thursday in November
December 25
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, NOVEMBER 18, 1997
RESOLUTION 111897-03 APPROVING AND CONCURRING IN CERTAIN
ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS
DATE DESIGNATED AS ITEM J - CONSENT AGENDA
as follows:
BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia,
1. That the certain section of the agenda of the Board of Supervisors for
November 18, 1997 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 11, inclusive, as follows:
1. Approval of Minutes - September 23, 1997, October 14, 1997, and
October 28, 1997 (Joint Meeting with Roanoke City Council).
2. Confirmation of Committee Appointments to the Building Code Board
of Adjustments and Appeals (Fire Code Board of Appeals), Grievance
Panel, Commission for Senior and Challenged Citizens, Committee
to establish guidelines and policies for placement of communication
towers, and Parks and Recreation Advisory Commission.
3. Donation of 20' sanitary sewer easement in connection with
development of Winnbrook Subdivision across property owned by
Virgil E. Jamison, et als.
4. Request for acceptance of Parkway Place Drive and Parkway Place
Lane into the Virginia Department of Transportation Secondary
System.
5. Donation of storm drainage easement on property owned by Buford
W. Stapleton and Mary M. Stapleton.
6. Acceptance of water and sanitary sewer facilities serving Nicholas
Hills Subdivision.
1
7. Request from School Board to appropriate $10,000 grant funds to
High Schools That Work Fund for Cave Spring High School.
8. Request for approval of expenditures from Public Private Partnership
funds for Famous Anthony's.
9. Authorization to give notice to the Commonwealth Transportation
Board to proceed with abandonment of the streets in the Pinkard
Court Subdivision.
10. Acceptance of donations of right-of-way and easements for the
Garman Road relocation and improvement project.
11. Donation of 20' sanitary sewer easement in connection with
development of Hollins Communication Research Institute in the
Hollins West Professional Center.
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 Johnson to adopt the Consent Resolution with Item
8 removed and Item 11 added, and carried by the following recorded vote:
AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS: None
On motion of Supervisor Minnix to approve Item 8, and carried by the
following recorded vote:
AYES: Supervisors Eddy, Minnix, Harrison, Nickens
NAYS: None
ABSTAIN: Supervisor Johnson
2
A COPY TESTE:
&�'2
��&Q 464n,
Brenda J. ton, Deputy Clerk
Roanoke County Board of Supervisors
cc: File
Vickie L. Huffman, Assistant County Attorney
Arnold Covey, Director, Engineering & Inspections
Gary Robertson, Director, Utility
Dr. Deanna Gordon, School Superintendent
Garland J. Kidd, Director of Vocational and Continuing Education
Brenda Chastain, Clerk, School Board
Brian Duncan, Assistant Director, Economic Development
A-111897-3. a
ACTION NUMBER
ITEM NUMBER
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: November 18, 1997
SUBJECT: Confirmation of Committee Appointments to the Building Code Board
of Adjustments and Appeals (Fire Code Board of Appeals), Grievance
Panel, Commission for Senior and Challenged Citizens, Committee
to establish guidelines and policies for placement of communication
towers, and Parks and Recreation Advisory Commission.
COUNTY ADMINISTRATOR'S C MMENT&
SUMMARY OF INFORMATION:
The following nominations were made at the October 28, 1997 meeting and earlier
at this meeting.
1. BUILDING CODE BOARD OF ADJUSTMENTS AND APPEALS (FIRE CODE
BOARD OF APPEALS,
Supervisor Eddy nominated J. A. Hendricks to serve a four year term as an
alternate. His term will begin as soon as he has taken the oath of office and will
expire on October 28, 2001.
2. GRIEVANCE PANEL
Supervisor Harrison nominated King Harvey to serve as an alternate for a three
year term which will expire October 28, 2000. Supervisor Eddy nominated Karen
Ewell to serve as an alternate for a three year term which will expire October 28,
2000.
1
3. COMMISSION FOR SENIOR AND CHALLENGED CITIZENS
Supervisor Minnix nominated Nancy Hall and Betty Dangerfield to represent the
Cave Spring Magisterial District.
I COMMITTEE TO ESTABLISH GUIDELINES AND POLICIES FOR PLACEMENT
OF COMMUNICATION TOWERS
Supervisor Johnson nominated Wayne Massey to represent the Hollins Magisterial
District. Supervisor Eddy nominated Elizabeth Belcher to represent the Windsor
Hills District. Supervisor Minnix nominated Randy Kingery to represent the Cave
Spring Magisterial District.
5. PARKS AND RECREATION ADVISORY COMMISSION
Supervisor Harrison nominated Ted Williams to serve the unexpired portion of the
three year term of Lonzo Kennedy, member representing the Catawba Magisterial
District, who has resigned. This term will expire June 30, 2000.
STAFF RECOMMENDATION:
It is recommended that the above appointments be confirmed by the Board of
Supervisors.
SUBMITTED BY: APPROVED BY:
&kt e4,6&' xisZ&�2
Brenda J. Holton Elmer C. Hodge
Deputy Clerk County Administrator
ACTION VOTE
No. Yes Abs
Approved (x) Motion by: Bob L. Johnson to approve Eddy _ x _
Denied () Harrison _ x
Received () Johnson _ x _
Referred () Minnix _ x _
To () Nickens x
cc: File
Building Code Board of Adjustments and Appeals (Fire Code Board of Appeals)
Grievance Pan3l
Commission for Senior and Challenged Citizens
Committee to establish guidelines and policies for placement of communication
towers
Parks and Recreation Advisory Commission
A -111897-3.b
ACTION NO.
ITEM NO. ".
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER
MEETING DATE: November 18, 1997
AGENDA ITEM: Donation of 20' sanitary sewer easement to the Board of Supervisors
of Roanoke County in connection with development of Winnbrook
Subdivision across property owned by Virgil E. Jamison, et als
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
This consent agenda item involves donation of the following easement to the Board
of Supervisors for sanitary sewer purposes to provide service in connection with development
of Winnbrook Subdivision in the Windsor Hills Magisterial District of the County of
Roanoke:
a) Donation of sanitary sewer easement, twenty feet (20') in width, from
Virgil E. Jamison and Esther M. Jamison, his wife, Merle A. Jamison and
Louise M. Jamison, his wife, and Dwayne E. Jamison and Nannie B. Jamison,
his wife, (Tax Map Nos. 76.05-3-6; 76.05-3-7; 76.01-1-4; 76.01-1-1; 76.01-1-2,
and 76.01-1-3) shown and designated as NEW 20 SANITARY SEWER
EASEMENT on a plat prepared by Balzer and Associates, Inc., dated
November 27, 1996, revised May 22, 1997, a copy of which is attached hereto
as Exhibit A.
The location and dimensions of this easement have been reviewed and approved by
County staff.
STAFF RECOMMENDATION:
Staff recommends acceptance of the above-described easement.
Respectfully submitted,
ickie L. Huff
Assistant County Attorney
-----------------------------------------------------------------------------
ACTION VOTE
No. Yes Abs
Approved (x) Motion by: Bob L Johnson to approve Eddy _ x
Denied () Harrison _ x _
Received () Johnson _ x _
Referred () Minnix _ x
To () Nickens _ x
cc: File
Vickie L. Huffman, Assistant County Attorney
Gary Robertson, Director, Utility
Arnold Covey, Director, Engineering & Inspections
N
1
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TITLE REPORT AND 15 SUBJECT TO INFORMATION WHICH MAYBE OISCLOSED BY SUCH. PROPERTY IS IN F,E.MA.
SCALE: I/1_ 200" DEFINED ZONE SJN$�1ADlD% AND A PoMTION OF THIS PFtOPefCly IS IN F.P. A.15 .
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CENTERLINE NEW 20'
SANITARY SEWER EASEMENT
UNE
I DIRECTION
DISTANCE
1-2
1 N 53'07 52
E 65.85
2-3
1 N 14'28 01
E 45.00
3-4
1 S 89'17'21"
E 68.28
4-5
S 651810
E 379.00
5-6
N 66'58'37"
E 229.00
6-7
N 35'58 08
E 122.00
7-8
N 07'33 42
E 355.00
8-9
N 48'29 46
E 1 145.00
9-10
N 42'20'28-
W I ___4l 3.89
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LOT LOT`�`I Vjcn: SEEWER
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N/F ECTION 4
MERLE A.JAMISON P8.12,Pd.Ilg
DWAYN E JWISON
D.B. 1507, PG.804
TAX MAP # 76.0S- 3-(o
THIS PLAT IS FORTHE SOLE. NIP
PURPOSE OF CREATING A 210' DWAYNE, E. JAMISON-
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PLAT SHOWING
NEW 201 SANIT#JNY SEWER EASEMENT
BEING GRANTEc) To I�
THE COUNTY OF ROANOKE •JOHNR.MCADEN 5:
FOR PUBLIC USE No.002002
BY
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WINDSOR HILLS MAGISTERIAL DISTRICT
ROANOKE COUNTY, VIRGINIA
NOVEMBER 27, 199(,
JOB NUMBER R9(o042-A
REVISED MAY 22, 1997 - ADJUSTMENT TAX ' PARCEL 7(0.01- I
• PLANNERS •ARCHITECTS • ENGINEERS • 80RVEYORS -
1208 CORPORATE CIRCLE, ROANOKE, VIRGINIA 772 9580
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PLAT SHOWING
NEW 201 SANIT#JNY SEWER EASEMENT
BEING GRANTEc) To I�
THE COUNTY OF ROANOKE •JOHNR.MCADEN 5:
FOR PUBLIC USE No.002002
BY
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7(0.01-1-4, -!(0.05-3-(0, AND 7(0.05-3-7
WINDSOR HILLS MAGISTERIAL DISTRICT
ROANOKE COUNTY, VIRGINIA
NOVEMBER 27, 199(,
JOB NUMBER R9(o042-A
REVISED MAY 22, 1997 - ADJUSTMENT TAX ' PARCEL 7(0.01- I
• PLANNERS •ARCHITECTS • ENGINEERS • 80RVEYORS -
1208 CORPORATE CIRCLE, ROANOKE, VIRGINIA 772 9580
Exhibit A
THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, IN REGULAR
MEETING ON THE 18TH DAY OF NOVEMBER, 1997, ADOPTED THE FOLLOWING:
RESOLUTION 111897-3.c REQUESTING ACCEPTANCE OF PARKWAY PLACE
DRIVE AND PARKWAY PLACE LANE INTO THE VIRGINIA DEPARTMENT OF
TRANSPORTATION SECONDARY SYSTEM
WHEREAS, the streets described on the attached Additions Form SR -5(a), fully
incorporated herein by reference, are shown on plats recorded in the Clerk's Office of the
Circuit Court of Roanoke County, and
WHEREAS, the Resident Engineer for the Virginia Department of Transportation
has advised this Board the streets meet the requirements established by the Subdivision
Street Requirements of the Virginia Department of Transportation, and
NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia
Department of Transportation to add the streets described on the attached Additions Form
SR -5(A) to the secondary system of state highways, pursuant to §33.1-229, Code of
Virginia, and the Department's Subdivision Street Requirements. and
BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted right-
of-way, as described, and any necessary easements for cuts, fills and drainage, and
BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded
to the Resident engineer for the Virginia Department of Transportation.
Recorded Vote
Moved By: Supervisor Johnson
Seconded By: None Required
Yeas: Supervisors Eddy, Harrison, Minnix, Nickens, Johnson
Nays: None
Absent: None
A Copy Teste:
&440 ��
Brenda J. Holton, Deputy Clerk
cc: File Roanoke County Board of Supervisors
Arnold Covey, Director, Engineering & Inspections
Virginia Department of Transportation
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DESCRIPTION:
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LENGTH:
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(2) 0.04 MILES
RIGHT OF WAY:
(1) 40 TO 55 FEET
(2) 40 FEET
ROADWAY WIDTH:
(1) 28 FEET
(2) 28 FEET
SERVICE:
(1) 25 HOMES
(2) 3 HOMES
ROANOKE COUNTY ACCEPTANCE OF PARKWAY PLACE DRIVE AND
ENGINEERING & • -PARKWAY PLACE LANE INTO THE VIRGINIA
INSPECTIONS DEPARTMENp7�PARTMENT OF TRANSPORTATION SECONDARY SYSTEM
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A -111897-3.d
ACTION NO.
ITEM NO.
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: November 18, 1997
AGENDA ITEM: Donation of storm drainage easement on property owned by Buford
W. Stapleton and Mary M. Stapleton (Tax Map No. 87.06-03-22) to
the Board of Supervisors of Roanoke County
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
This consent agenda item involves acceptance of the following easement conveyed
to the Board of Supervisors for storm drainage purposes, in connection with P-166,
in the Cave Spring Magisterial District of the County of Roanoke:
a) Donation of storm drainage easement, of variable width, from Buford W.
Stapleton and Mary M. Stapleton, husband and wife, (Tax Map No. 87.06-03-
22) as shown on a plat prepared by T. P. Parker & Son, dated November 2,
1994, a copy of which is attached hereto as Exhibit A.
The location and dimensions of this easement have been reviewed and approved
by the County's engineering staff.
STAFF RECOMMENDATION:
Staff recommends acceptance of this easement.
ITTED BY: APPROVED BY:
Arnold Covey, Director Elmer C. Hodge
of Engineering and Inspeg ions County Administrator
-------------------------------------------------------------------------------
ACTION VOTE
Approved (x) Motion by: Bob L. Johnson to approve Eddy No. Yes Abs_ x _
Denied () Harrison _ x _
Received ( ) Johnson _ x _
Referred ( ) Minnix x _
To () Nickens _ x
cc: File
Arnold Covey, Director, Engineering & Inspections
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NOTES:
1. THIS PLAT IS SUBJECT TO INFORMATION WHICH MAY BE
DISCLOSED BY A TITLE REPORT BY A LICENSED ATTORNEY.
2. THE SUBJECT PROPERTY IS WITHIN THE LIMITS OF, ZONE
X AS SHOWN ON THE FEMA FLOOD INSURANCE RATE MAP.
THIS DETERMINATION IS BASED ON THE FLOOD BOUNDARY MAP
AND HAS NOT BEEN VERIFIED BY ACTUAL FIELD ELEVATIONS.
3. METES AND BOUNDS DESCRIPTIONS SHOWN HEREON REPRESENT
A COMPOSITE OF DEEDS, PLATS, CALCULATED INFORMATION
AND FIELD TIES TO PROPERTY BOUNDARIES TO LOCATE THE
POSITION OF THE EASEMENT IN RELATION TO THE BOUNDARIES.
THIS SURVEY DOES NOT REFLECT A COMPLETE AND ACCURATE
BOUNDARY SURVEY OF THE SUBJECT PROPERTIES.
EASEMENT PLAT FOR
COUNTY OF ROANOKE
SHOWING A NEW STORM DRAIN EASEMENT (0.028 AC.)
ACROSS A PORTION OF LOT 8, SECTION 2, ALGOMA PARK,
P.B. 9, PG. 7
ROANOKE COUNTY, VIRGINIA
TAX NO. 87.06-03-22 SCALE: 1"= 20
N.B. JW -88 DRAWN DAP TPP&S 81 T. P. FARM do SON
NOV. 2, 1994
CALC. DAP 916 Boulevard DATE:_....
CHK'D SURVEYORS Pod OMO Boz se D.
CLOSED' DAP PLANNERS Seism, Vhliaia 24169 W.O.: 94-1303
A -111897-3.e
ACTION #
ITEM NUMBER "" 14
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: November 18, 1997
SUBJECT: Acceptance of Water and Sanitary Sewer Facilities Serving Nicholas Hills
Subdivision
COUNTY ADMINISTRATOR'S COMMENTS: L
SUMMARY OF INFORMATION:
The Developers of Nicholas Hills Subdivision, Wayne Ayers Development,Inc., have requested
that Roanoke County accept the Deed conveying the water and sanitary sewer facilities serving the
subdivision along with all necessary easements.
The water and sewer facilities are installed, as shown on plans prepared by L.M.W. Engineering
entitled Nicholas Hills Subdivision, which are on file in the County Engineering Department. The
water and sanitary sewer facility construction meets the specifications and the plans approved by
the County.
FISCAL IMPACT:
The value of the water and sanitary sewer construction is $42,000.00 and $62,000.00 respectively.
RECOMMENDATION:
Staff recommends that the Board of Supervisors accept the water and sanitary sewer facilities
serving the Nicholas Hills Subdivision along with all necessary easements, and authorize the
County Administrator to execute a Deed for the transfer of these facilities.
SUBMITTED BY:
•
APPROVED:
Elmer C. Hodge
County Administrator
-------------------------------------------------------------------------------
ACTION VOTE
No. Yes Abs
Approved (x) Motion by: Bob L. Johnson to approve Eddy _ x
Denied () Harrison _ x _
Received () Johnson _ x
Referred () Minnix _ x
To () Nickens _ x
cc: File
Gary Robertson, Director, Utility
Arnold Covey, Director, Engineering & Inspections
F
RETURN TO:
ROANOKE COUNTY
ATTORNEY'S OFFICE
THIS CHATTEL DEED, made this 20th day of October , 19 97 , by and
between: Wayne Avers Development. Inc. , a Virginia corporation, hereinafter referred to
as the "Developer," parry of the first part; and the BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, its successors or assigns, hereinafter referred to as the 'Board," party of the
second part.
WITNESSETH:
THAT FOR AND IN CONSIDERATION of the mutual benefits accruing to the parties, the
receipt and sufficiency of which is hereby acknowledged, the Developer does hereby GRANT,
CONVEY, ASSIGN AND TRANSFER, with the covenants of GENERAL WARRANTY OF
TITLE, in fee simple unto the Board all water and/or sewer lines, valves, fittings, laterals,
connections, storage facilities, sources of water supply, pumps, manholes and any and all other
equipment and appurtenances thereunto belonging, in and to the water and/or sewer systems in the
streets, avenues, public utility, easement areas, water and sewer easement areas that have been or
may hereafter be installed by the Developer, along with the right to perpetually use and occupy the
easements in which the same may be located, all of which is more particularly shown, described and
designated as follows, to wit:
Page 1 of 4
Vii.
As shown on the plan entitled Nicholas Hills Subdivision , made by L.M.W.
En ing eerinQ and on file in the Roanoke County Engineering Department.
The Developer does hereby covenant and warrant that it will be responsible for the proper
installation and construction of the said water and/or sewer systems including repair of surface areas
affected by settlement of utility trenches for a period of one (1) year after date of acceptance by the
Board and will perform any necessary repairs at its cost.
Elmer C. Hodge, County Administrator of Roanoke County, Virginia, hereby joins in the
execution of this instrument to signify the acceptance of this conveyance pursuant to Resolution No.
adopted by the Board of Supervisors of Roanoke County, Virginia, on the
day of , 19
Page 2 of 4
WITNESS THE FOLLOWING signatures and seals:
Developer: Wayneyrs Development. Inc.
By: �ojq�kL Ct�zl,i- (SEAL)
As: Its President
State of: Virginia
County/City of: Roanoke , to wit:
The foregoing instrument was acknowledged before me this:
20th , day of October , 19 97 ,
By: Wayne Ayers Its President
Duly authorized officer Title
on behalf of Wayne Ayers Development
Notary Mblic
My Commission expires: September 30, 2001
Page 3 of 4
Approved as to form:
County Attorney
State of-
County/City of:
Board of Supervisors of
Roanoke County, Virginia
By: (SEAL)
Elmer C. Hodge
County Administrator
Virginia
Roanoke , to wit:
The foregoing instrument was acknowledged before me this:
, day of , 19 ,
by Elmer C. Hodge, County Administrator, on behalf of the Board of Supervisors of Roanoke
County, Virginia.
Notary Public
My Commission expires:
Page 4 of 4
N
AC
ROANOKE COUNTY
UTILITY Water and sewer acceptance for Nicholas Hills
DEPARTMENT Subdivision.
kk J
ACTION # A -111897-3.f
ITEM NUMBER *�
MEETING DATE: November 18, 1997
AGENDA ITEM: Appropriation of $10,000 High Schools That Work Grant for
Cave Spring High School
COUNTY ADMINISTRATOR'S COMMENTS:
BACKGROUND: Cave Spring High School, in cooperation with Arnold R.
Burton Technology Center, applied for a grant to integrate academic and
vocational education through a school site-based team approach. School
based teams at both sites will work together along with parents,
business/industry representatives, postsecondary institutions, Cave Spring
Junior High School, Hidden Valley Junior High School and the Tech Prep
Consortium to restructure course offerings and deliver strategies to create
High Schools That Work at both sites.
SUMMARY OF INFORMATION: A $10,000 grant has been awarded by the Virginia
Department of Education and the Southern Regional Education Board to Cave
Spring High School for a time period of October 15, 1997 -June 30, 1998.
FISCAL IMPACT: Roanoke County Schools must appropriate in-kind funding
equal to one-half the grant amount ($5,000) which is already budgeted in
the 1997-98 budget.
STAFF RECOMMENDATION: Appropriation
Schools That Work fund.
Garland J. dd
Director of Vocational
and Continuina Education
of the $10,000 grant to the High
4�"� 9:��a
Elmer C. Hodge
County Administrator
ACTION VOTE
No. Yes Abs
Approved (x) f.,otion by: Bob L. Johnson to approve Eddy _ x
Denied ( ) Harrison _ x _
Received ( ) Johnson _ x
Referred ( ) Minnix _ x
To ( ) Nickens _ x _
cc: File
Garland J. Kidd, Director of Vocational and Continuing Education
Diane Hyatt, Director, Finance
Dr. Deanna Gordon, School Superintendent
Brenda Chastain, Clerk, Roanoke County School Board
A -111897-3.g
Item No. —
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER, 5204 BERNARD DRIVE, ROANOKE, VA ON TUESDAY,
MEETING DATE: November 18, 1997
AGENDA ITEM: Request for approval of expenditures from Public -Private Partnership
Funds on behalf of Famous Anthony's
COUNTY ADMINISTRATOR'S COMMENTS: ',1
U'
EXECUTIVE SUMMARY:
This is a request to expend $12,962 for public purposes on behalf of the location of a new
restaurant (Famous Anthony's) in the Bonsack area. Annual tax revenue from this project is
estimated at $57,543.
BACKGROUND:
The owners of Famous Anthony's have worked with staff to determine an appropriate location for
a new restaurant in the Bonsack area of Roanoke County. A suitable site has been located along
U. S. Route 460 East (a portion of the Bessie V. Gish Estate). The proposed restaurant, with
seating for 152 people, would be similar in size and configuration to their current Salem location.
The real estate will be owned by a limited liability company, tentatively called FA Properties, and
operated by a separate company, also tentatively named, Famous Anthony's -460 East, Inc.
Famous Anthony's restaurants were founded in 1986 in Roanoke County and have grown to four
locations in the Valley. The restaurants are family oriented, offering a full service breakfast, lunch
and dinner.
It is expected that the capital investment for this project will be approximately $833,000. The
proposed restaurant anticipates providing $57,543 in revenue to Roanoke County on an annualized
basis. These revenues will be generated from real estate, personal property, sales and meals taxes
as well as business license fees.
The owners have requested that the County, through its Public -Private Partnership Policy, consider
assisting with expenses related to connection fees, grading for the purpose of improving storm
water management and fees. This request totals $12,962.
s
Staff reviewed the request for assistance under the commercial criteria of the Public -Private
Partnership Policy and found that it meets the pay back formula of one year for such projects.
FISCAL IMPACT:
Funds in the amount of $12,962 are available within the Economic Development Public -Private
Partnership fund for this project.
ALTERNATIVES:
1. Approve the expenditure of $12,962 dollars of Public -Private Partnership funds on behalf
of Famous Anthony's and authorize the County Administrator to enter into a Performance
Agreement with Famous Anthony's upon the approval to form by the County Attorney.
2. Do not fund the request.
STAFF RECOMMENDATION:
Staff recommends that the Board of Supervisors approve alternative number L
Res ectfully submitted:
Brian T. Duncan, Assistant Director
Department of Economic Development
Approved:
�i
Elmer C. Hodge
County Administrator
ACTION VOTE
No. Yes Abstain
Approved (x) Motion by: H. Odell Minnix to approve Eddy _ x _
Denied O Harrison _ x _
Received () Johnson _ _ x
Referred () Minnix _ x _
To () Nickens _ x
cc: File
Brian Duncan, Assistant Director, Economic Development
A-111897-3. h
ACTION #
ITEM NUMBER --t-
.m-9
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: November 18, 1997
AGENDA ITEM: Authorization to give notice to the Commonwealth Transportation
Board to proceed with the abandonment of the streets in the Pinkard
Court Subdivision.
COUNTY ADMINISTRATOR'S COMMENTS:
This step fulfills the first requirement of the State process. We will schedule a public
hearing to be held by the Board as soon as all arrangements can be made.
Recommend approval of this technical requirement.
SUMMARY OF INFORMATION:
Lowe's Companies, Inc., (developer) has received approval from the Roanoke
County Board of Supervisors to rezone 21.7 acres from residential to commercial
(C2) to allow the development of their proposed retail store. The developer is
presently acquiring all of the properties in the Pinkard Court Subdivision with the
intent of removing the existing residential homes in preparation for construction.
In order for Lowe's Companies, Inc., to move forward with the development of their
site, the public streets (portion of Valley Avenue, Pinkard Avenue, Meadowview
Road, Booker Road, Summit Street and Washington Road) which are maintained
by the Virginia Department of Transportation must first be abandoned.
Roanoke County has received a petition (attached) from the residence of the
Pinkard Court Subdivision requesting the abandonment and closure of the public
streets in their subdivision. Titles 33.1-151, Code of Virginia, 1950, as amended,
entitled "Abandonment of roads, landing, or crossing; procedure" requires the
governing body of the county to give notice of intention to abandon any such road
to the Commonwealth Transportation Board. Once notice of intent to abandon the
streets in the Pinkard Court Subdivision is given to the Commonwealth
Transportation Board, County staff will then move forward with the necessary
postings and advertisements for abandonment.
1
STAFF RECOMMENDATION
County staff is requesting that the Roanoke County Board of Supervisor give notice
of its intention to abandon the public streets (portion of Valley Avenue, Pinkard
Avenue, Meadowview Road, Booker Road, Summit Street and Washington Road)
in the Pinkard Court Subdivision to the Commonwealth Transportation Board and
authorize the Director of Engineering and Inspections to proceed with the requisite
notices under Title 33.1-151, Code of Virginia, 1950, as amended.
S BUTTED BY: APPROVED BY:
t 1 ♦ �f. q,��1 illi
Arnold Covey, Directo Elmer C. Hodge
of Engineering & Insp ctions County Administrator
----------------------------------------------------------------------------
ACTION VOTE
No. Yes Abs
Approved (x) Motion by: Bob L. Johnson to approve Eddy _ x
Denied () Harrison _ x _
Received () Johnson _ x _
Referred () Minnix _ x
To () Nickens _ x _
cc File
Arnold Covey, Director, Engineering & Inspections
2
PETITION FOR ACTION
TO CLOSE PUBLIC STREETS
IN THE PINKARD COURT COMMUNITY
The residents of the Pinkard Court Community petition Roanoke County and the Virginia
Department of Transportation to close public streets within the Pinkard Court Community and
surrender access of these streets to the Lowe's Corporation. In as much as Roanoke County has
approved the rezoning request from Lowe's and in as much as the residents of the Pinkard Court
Community have signed options to sell their properties that these streets service, we present this
petition.
We petition that the following public streets be closed and access be surrendered to the Lowe's
Corporation: Booker - Pinkard - Summit - a portion of Valley Avenue, and Washington.
NAME
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A-111897-3. i
ACTION NO.
ITEM NO. / t)
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: November 18, 1997
AGENDA ITEM: ACCEPTANCE OF DONATIONS OF RIGHT-OF-WAY AND
EASEMENTS FOR THE GARMAN ROAD RELOCATION AND
IMPROVEMENT PROJECT
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
This consent agenda item involves the donation of the following parcels of land,
rights-of-way and easements to the Board of Supervisors of Roanoke County, Virginia, in
connection with the Garman Road Relocation and Improvement Project in the Catawba
Magisterial District:
a) Donation from the Roanoke Valley Development Corporation, a Virginia
corporation, of all right, title and interest in and to Garman Road, and
particularly the 'private' portion of Garman Road being shown as 50' in
width and designated as "1.044 AC. 50 FT. RD. R/W" on 'Map Showing
Division of 41.869 Ac. of Roanoke Valley Development Corp. and New 50 Ft.
Wide Road Right of Way Between Norfolk & Western Railway Co. R/W and
Virginian Railway Co. Right of Way...', dated Jan. 3, 1958, made by C.B.
Malcolm & Son, and recorded in the Clerk's Office of the Circuit Court of
Roanoke County in Deed Book 599, page 26, a copy of which is attached
hereto as Exhibit I -A.
b) Donation from Eight Holdings, Inc., a Delaware corporation, (Deed Book
1316, page 1803), of: (i) a parcel of land containing 0.149 acre, more or
less, and being shown and designated as "FUTURE AREA TO BE DEDICATED
FOR GARMAN ROAD RIGHT-OF-WAY" upon the 'Plat Showing New
Temporary Construction Easement and New Drainage Easement Being
Dedicated To The County Of Roanoke, Virginia, By Eight Holdings, Inc. And
Showing A Future Portion Of Property To Be Dedicated For The Right -Of -
Way Of Garman Road Situated Along Garman Road (Private)', dated
June 16, 1997, prepared by Lumsden Associates, P.C., Engineers -Surveyors -
Planners, a copy of which is attached hereto as Exhibit II -A; (ii) all right,
title and interest in and to the existing "Private Road", known as Garman
Road, varying in width and leading from the 'public' section of Garman Road
(Route #929) in a southerly direction to the Norfolk and western Railway;
(iii) a drainage easement, of variable width, and shown as "NEW DRAINAGE
EASEMENT" on the aforesaid plat attached hereto as Exhibit II -A; (iv) a
sanitary sewer easement, 20 feet in width, and shown as "NEW 20'
SANITARY SEWER EASEMENT" upon the 'Plat Showing New 20' Sanitary
Sewer Easement and New 40' Temporary Construction Easement Being
Dedicated To The County Of Roanoke, Virginia, By Eight Holdings, Inc.
Situated Along Garman Road (Private)', dated June 16, 1997, prepared by
Lumsden Associates, P.C., a copy of which is attached hereto as Exhibit II -B;
and (v) temporary construction easements shown and designated as "NEW
TEMPORARY CONSTRUCTION EASEMENT" on the above-described 'Plat
Showing New Temporary Construction Easement ...' attached hereto as
Exhibit II -A, and as "NEW 40' TEMPORARY CONSTRUCTION EASEMENT"
on the above -described 'Plat Showing New 20' Sanitary Sewer Easement And
New 40' Temporary Construction Easement...' attached hereto as Exhibit II-
B, and as "NEW TEMPORARY CONSTRUCTION EASEMENT" upon the 'Plat
Showing New Temporary Construction Easement Being Dedicated To The
County of Roanoke, Virginia By Eight Holdings, Inc. Situated Along Garman
Road (Private)', dated July 8, 1997, prepared by Lumsden Associates, P.C.,
Engineers -Surveyors -Planners, a copy of which is attached hereto as Exhibit
II -C.
c) Donation from Topvalco, Inc., a Ohio corporation, (Deed Book 1515, page
663), of: (i) a sanitary sewer easement and a water line easement, of
variable widths, shown and designated as "NEW SANITARY SEWER
EASEMENT" and "NEW WATER LINE EASEMENT" upon the 'Plat Showing
New Water Line Easement and New Drainage Easement and New Sanitary
Sewer Easement Being Dedicated to the County of Roanoke, Virginia, By
Topvalco, Inc.', dated June 16, 1997, prepared by Lumsden Associates, P.C.,
a copy of which is attached hereto as Exhibit III -A; and (ii) a drainage
easement, of variable width, shown and designated as "NEW DRAINAGE
EASEMENT" upon the above-described plat 'Plat Showing New Water Line
Easement and New Drainage Easement...' attached hereto as Exhibit III -A.
County staff has inspected and approved the locations and dimensions of the
property, rights-of-way and easements for the project.
2
.T /D
FISCAL IMPACT:
No county funding is required for these acquisitions.
STAFF RECOMMENDATION:
Staff recommends acceptance of the donations of the parcels of land, rights-of-way
and easements for the Garman Road Relocation and Improvement Project.
Respectfully submitted,
zo��
VAie('L.uffm
Assistant County Attorney
--------------------------------------------------------------------------------
ACTION VOTE
No. Yes Abs
Approved (x) Motion by: Bob L. Johnson to approve Eddy _ x
Denied () Harrison _ x _
Received () Johnson _ x _
Referred () Minnix _ x _
To () Nickens x
cc: File
Vickie L. Huffman, Assistant County Attorney
Gary Robertson, Director, Utility
Arnold Covey, Director, Engineering & Inspections
3
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�✓—ur n oo ti /.r GLY.4
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1. 7H/S PLAT /S BAsm OVA CURRENT Rzw SURVEY.
Z THIS PLAT PREPARED w771DUT 7H£ BENERT OFA CURRENT ARE REPORT AND MERE MAY EX1ST ENCUUBRANCES
way Amwr AIE SUB"7e9°ROPER7Y NOT .51yOiYN HERECW.
.1 7NE PURPOSE or 7HIS PLAT /S RJ CR£AIP NEW WA7FR LINE, SANITARY SEWER, AND DRAINAGE EASEUENIS AND
OGL'S NOT CLYYSA7U7E AN ACTUAL BOUNDARY SURVEY.
PLAT SHOWING
NEW WATER LINE EASEMENT
AND
NEW DRAINAGE EASEMENT
AND
NEW SANITARY SEWER EASEMENT
N
BEING DEDICATED TO
yTH of Dr
THE COUNTY OF ROANOKE, VIRGINIA
BY
e. LEE 7
TOPVALCO, INC.
HENDSON, JR.
SITUATED ALONG GARMAN ROAD
/3.
(VA SEC. ROUTE #929)
480
CATAWBA MAGISTERIAL DISTRICT
t
A�
ROANOKE COUNTY, VIRGINIA
'
SUR�E�04
SCALE 1" 60' DATE: 16 JUNE 1997
LUMSDEN ASSOCIATES, P.C.
ENGINEERS -SURVEYORS -PLANNERS
ROANOKE, VIRGINIA
EXHIBIT III -A
A -111897-3.j
ACTION NO.
ITEM NO
J - II
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: November 18, 1997
AGENDA ITEM: Donation of 20' sanitary sewer easement to the Board of Supervisors
of Roanoke County in connection with development of the Hollins
Communication Research Institute in the Hollins West Professional
Center
COUNTY ADMINISTRATOR'S COMMENTS:
el::� �-
SUMMARY OF INFORMATION:
This consent agenda item involves donation of the following easement to the Board
of Supervisors for sanitary sewer purposes to provide service in connection with
development of Hollins Communication Research Institute in the Hollins West Professional
Center in the Hollins Magisterial District of the County of Roanoke:
a) Donation of sanitary sewer easement, twenty feet (20') in width, from
Atkisson Enterprises, Ltd., a Virginia corporation, (Deed Book 960, page 496;
Tax Map No. 27.06-4-10) shown and designated as "NEW 20' SANITARY
SEWER EASEMENT" on a plat prepared by LMW, P.C., dated October 15,
1997, a copy of which is attached hereto as Exhibit A.
The location and dimensions of this easement have been reviewed and approved by
County staff.
STAFF RECOMMENDATION:
Staff recommends acceptance of the above-described easement.
Respectfully submitted,
�rcc.z) o.c
Vickie L. Huffman I
Assistant County Attorney
------------------------------------------------------------------------------
ACTION VOTE
No. Yes Abs
Approved (x) Motion by: Bob L. Johnson to approve Eddy _ x _
Denied () Harrison _ x _
Received ( ) Johnson _ x _
Referred ( ) Minnix _ x _
To () Nickens x
cc: File
Vickie L. Huffman, Assistant County Attorney
Gary Robertson, Director, Wility
Arnold Covey, Director, Engineering & Inspections
NOTES:
1. THIS SURVEY WAS PERFORMED WITHOUT
THE BENEFIT OF A TITLE SEARCH AND /
THEREFORE MAY NOT SHOW ALL
ENCUMBRANCES.
2. THIS PROPERTY AS PLATTED DOES NOT/
FALL WITHIN THE 100 YEAR FLOOD ZONE
3. THIS PLAT WAS PREPARED FROM AN
ACTUAL AND CURRENT FIELD SURVEY
4. FEMA FLOOD ZONE: 'X' EXISTING 20' SANITARY
5. LEGAL REFERENCE: D.B. 960 PG.96 SEWER EASEMENT
TAX MAP N0: 7.06-4-10
\ /µ
PROPERTY OF CO
/PLANTATION DEVELOPMENT, LC
Y .
TAX MAP NO: 27.06-4-6 7M
O.B. 1468 PG. 1826 ISYTNG AEP
ELECTRICAL EASEMENTw
ca
o N 60"3"9t -F—
"3"9 /
(198.73'
173.46' ` T07gE)
20.17' / Q
3
` 20.00'
rn
N
r4D o i
PROPERTY OF
ATKISSON ENTERPRISES LTD ►u �+
TAX MAP NO: 27.06-4-10 ,;; w
D.B. 960 PG. 496 -'' -to cJ
0.589 ACRES N /N
40
., N
vj Q,
NEW 20' PUBLIC
SANITARY SEWER EASEMENT
217.68'
S a,q,,24'g2" W
WALRONO 06. N• w' (50 R/W
PROPERTY OF
JBLE ENVELOPE CORPORATION
TAX MAP NO: 27.06-6-2
,,-,D.B. 823 PG. 475
DATE:
I HEREB`Y THIVPLAT OF SURVY TO BE
THE BE F MY KNOWLEDGE AND BELIEF.
LEGEND
SURVEYED PROPERTY LINE rDOUGLAS
ODEED LINESET REBAR0 EXISTING IRON FOUND R.ITH, JR. y
L )
P.C.
No. 1450 8
iGINEERING-ARCBMCTURE•SURVEYING i
'M (540) 345-0675 1401 tad STREET, S.W. 00
4ZSUR
FAX (540) 342-4460 ROANOKE, VIRGUM 24016
21.B2'
GRAPHIC SCALE
40 0 20 40
( IN FEET )
1 inch = 40 ft
EASEMENT PLAT FOR
ATKISSON ENTERPRISES LTD
.SHOWING A. NEW
NEW 20' PUBLIC SANITARY
SEWER EASEMENT
BEING CONVEYED BY
ATKISSON ENTERPRISES LTD
TO
BOARD OF SUPERVISORS
OF ROANOKE COUNTY, VIRGINIA
LOCATED IN
HOLLINS MAGISTERJAL DISTRICT
ROANOKE COUNTY, VIRGINIA
DATE: 10/16/97 COMM #1055A
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, NOVEMBER 18, 1997
RESOLUTION 111897-04 CERTIFYING EXECUTIVE MEETING WAS
HELD IN CONFORMITY WITH THE CODE OF VIRGINIA
WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened
an executive meeting on this date pursuant to an affirmative recorded vote and in
accordance with the provisions of The Virginia Freedom of Information Act; and
WHEREAS, Section 2.1-344.1 of the Code of Virginia requires a certification by the
Board of Supervisors of Roanoke County, Virginia, that such executive meeting was
conducted in conformity with Virginia law.
NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke
County, Virginia, hereby certifies that, to the best of each members knowledge:
1. Only public business matters lawfully exempted from open meeting requirements
by Virginia law were discussed in the executive meeting which this certification resolution
applies, and
2. Only such public business matters as were identified in the motion convening
the executive meeting were heard, discussed or considered by the Board of Supervisors
of Roanoke County, Virginia.
On motion of Supervisor Johnson to adopt the Certification Resolution and carried
by the following recorded vote:
AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS: None
A COPY TESTE:
&a -
Brenda J. Hol on, Deputy Clerk
cc: File Roanoke County Board of Supervisors
Executive Session
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, NOVEMBER 18, 1997
RESOLUTION 111897-05 TO ADVANCE FUNDS FOR CERTAIN
EXPENDITURES MADE AND/OR TO BE MADE IN CONNECTION WITH
THE ACQUISITION, RENOVATION, CONSTRUCTION AND EQUIPPING
OF CERTAIN CAPITAL IMPROVEMENTS FOR SCHOOL PROJECTS
WHEREAS, the Board of Supervisors of the County of Roanoke, Virginia (the
"County Board") adopted a resolution on August 19, 1997 declaring its intention to
reimburse itself from the proceeds of one or more tax-exempt financings for certain
expenditures made and/or to be made in connection with the acquisition, renovation,
construction and equipping of certain capital improvements for school projects, and
WHEREAS, the School Board (the "School Board") of the County of Roanoke,
Virginia (the "County") adopted a resolution on August 28, 1997 declaring its intention to
reimburse itself from the proceeds of one or more tax-exempt financings for certain
expenditures made and/or to be made in connection with the acquisition, renovation,
construction and equipping of certain capital improvements for school projects, and
WHEREAS, The School Board requested an advance of $ 50,000 on September
11, 1997 for environmental assessments, advertising costs for architects and engineers,
core drillings, and other costs related to the acquisition of land in South County, and
WHEREAS, the County Board approved this $50,000 advance on September 23,
1997, and
WHEREAS, the School Board has now requested an advance of an additional sum
of $1,721,200 to hire architects to design various school projects,
1
NOW THEREFORE BE IT RESOLVED that the County Board will advance the
additional sum of $1,721,200 to the School Board to hire architects to design various
school projects.
On motion of Supervisor Johnson to adopt the resolution, and carried by the
following recorded vote:
AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS: None
A COPY TESTE:
ac'�' '�l -g)"
Brenda J. Hol n, Deputy Clerk
Roanoke County Board of Supervisors
cc: File
Diane D. Hyatt, Director, Finance
Brent Robertson, Budget Manager
Dr. Deanna Gordon, School Superintendent
Brenda Chastain, Clerk to the School Board
Martin Robison, Assistant School Superintendent
2
y
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
ON TUESDAY, NOVEMBER 18, 1997
ORDINANCE 111897-06 GRANTING A SPECIAL USE PERMIT TO OHIO
STATE CELLULAR PHONE CO., INC. TO CONSTRUCT A
COMMUNICATIONS TOWER AT 5585 CATAWBA HOSPITAL DRIVE (TAX
MAP NO. 7.00-1-29), CATAWBA MAGISTERIAL DISTRICT
WHEREAS, Ohio State Cellular Phone Co., Inc. has filed a petition to construct a
communications tower located at 5585 Catawba Hospital Drive (Tax Map No. 7.00-1-29) in
the Catawba Magisterial District; and
WHEREAS, the Planning Commission held a public hearing on this matter on October
7, 1997; and
WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first reading
on this matter on September 23, 1997; the second reading and public hearing on this matter
was held on October 28, 1997, and continued to November 18, 1997.
NOW, THEREFORE BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That the Board finds that the granting of a special use permit to Ohio State
Cellular Phone Co., Inc. to construct a communications tower located at 5585 Catawba
Hospital Drive (Tax Map No. 7.00-1-29) in the Catawba Magisterial District is substantially
in accord with the adopted 1985 Comprehensive Plan pursuant to the provisions of § 15.1-
456 of the 1950 Code of Virginia, as amended, and said Special Use Permit is hereby
approved with the following conditions:
(1) The height of the tower structure, excluding any antenna attached to the
structure, shall be not more than 190 feet.
1
(2) The tower structure and all attached support hardware shall be painted
a flat matted color so as to better blend into the landscape and reduce
visibility and light reflection.
(3) No lighting shall be installed on the tower structure or equipment
building except for security lighting not to exceed a height of 25 feet in
height, except as may be required by the FAA or other governmental or
regulatory agency.
(4) This tower shall be structurally designed to carry sufficient loading and
the site developed to accommodate the additional buildings necessary
to accommodate co -locating of communications equipment of at least
one other vendor/provider in order to minimize the proliferation of towers
in the vicinity of this site. In addition, by executing the special use
permit requested, the applicant agrees to make the tower available for
lease within the structural capacity of the tower and at reasonable costs
adequate to recover the capital, operating and maintenance costs of the
tower location required for the additional capacity.
(5) If the use of the tower structure for wireless communications is
discontinued, the tower structure shall be dismantled and removed from
the site within 30 days of notice by the County and the special use
permit shall become void.
(6) Any damage to the existing paving for the parking lot, apron, or access
to the fire station resulting from the construction or operation of the
tower, shall be repaired at the expense of the petitioner.
(7) Public emergency communications equipment shall be accommodated
at no expense to the County.
(8) The location of the tower structure and related equipment shall be as
shown on a plat entitled "Catawba Cellular Phone Tower Site Plan,
Roanoke County, Virginia" prepared by LMW, P.C., Engineering,
Architecture, Surveying, dated 11/18/97.
2. That this ordinance shall be in full force and effect upon after the receipt and
acceptance by the Board of Supervisors of Roanoke County of a deed from the
Commonwealth of Virginia for an additional three (3) acres of real estate, which shall be
added and combined to Tax Map No. 7.00-1-29. All ordinances or parts of ordinances in
2
conflict with the provisions of this ordinance be, and the same hereby are, repealed. The
Zoning Administrator is directed to amend the zoning district map to reflect the change in
zoning classification authorized by this ordinance.
3. That, in the event the aforementioned deed from the Commonwealth of Virginia
for an additional three (3) acres of real estate is not received and accepted by the Board of
Supervisors of Roanoke County by December 16, 1997, this ordinance shall be deemed null
and void, and thereby, shall be repealed.
On motion of Supervisor Harrison to adopt the ordinance, and carried by the following
recorded vote:
AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS: None
A COPY TESTE:
Z444A.tL Q_ 10�
Brenda J. Hol n, Deputy Clerk
Roanoke County Board of Supervisors
cc: File
Paul M. Mahoney, County Attorney
Terry Harrington, Director, Planning & Zoning
Arnold Covey, Director, Engineering & Inspections
John W. Birckhead, Director, Real Estate Assessment
3
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER, TUESDAY, NOVEMBER 18, 1997
ORDINANCE 111897-07 TO CHANGE THE ZONING CLASSIFICATION OF
A 2.881 -ACRE TRACT OF REAL ESTATE LOCATED AT THE END OF
TODDSBURY DRIVE (PART OF TAX MAP NO. 51.03-1-1) IN THE VINTON
MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF AG -
3 TO THE ZONING CLASSIFICATION OF AR UPON THE APPLICATION
OF FALLING CREEK DEVELOPMENT, L.C.
WHEREAS, the first reading of this ordinance was held on October 28, 1997, and
the second reading and public hearing were held November 18, 1997; and,
WHEREAS, the Roanoke County Planning Commission held a public hearing on
this matter on November 3, 1997; and
WHEREAS, legal notice and advertisement has been provided as required by law.
BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as
follows:
That the zoning classification of a certain tract of real estate containing 2.881
acres, as described herein, and located at the end of Toddsbury Drive (Part of Tax Map
Number 51.03-1-1) in the Vinton Magisterial District, is hereby changed from the zoning
classification of AG -3, Agriculture/Rural Preserve District, to the zoning classification of
AR, Agriculture/Residential District.
L.C.
2. That this action is taken upon the application of Falling Creek Development,
3. That said real estate is more fully described as follows:
Beginning at an iron pin found in the easterly boundary line of Section 5, Falling
Creek Estates, recorded in the Clerk's Office of the Circuit Court for Roanoke
County at PB 9, page 146, marking the common corner of Lots 18 and 19; thence
along and with the boundary of said Lot 18, N. 260 45' 48" E. 299.67 feet to an iron
pin found in the property line of Falling Creek Development, L.C.; thence, along and
with said Falling Creek Development, L.C. S. 440 53'30" E. 452.74 feet to an iron
pin found; thence, S. 560 14'08" W 158.96 feet to an iron pin found; thence, leaving
said Falling Creek Development, L.C., with a new line, N. 720 50' 44" W. 452.79
feet to the point of Beginning, containing 2.881 acres, as shown on the "Plat
Showing Survey of a Portion of Property Owned by Louis P. Bailey, Jr." prepared
by Donnie W. Slusher, L.S., dated July 21, 1995, a copy of which is recorded in the
Clerk's Office of the Circuit Court of Roanoke County in PB 18, page 84.
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. The Zoning Administrator is directed
to amend the zoning district map to reflect the change in zoning classification authorized
by this ordinance.
On motion of Supervisor Nickens to adopt the ordinance, and carried by the
following recorded vote:
AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS: None
A COPY TESTE:
6= L-4�, R` )k L40�,,
Brenda J. Holton, Deputy Clerk
Roanoke County Board of Supervisors
cc: File
Terry Harrington, Director, Planning & Zoning
Arnold Covey, Director, Engineering & Inspections
John W. Birckhead, Director, Real Estate Assessment
Paul M. Mahoney, County Attorney
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AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, NOVEMBER 18, 1997
ORDINANCE 111897-08 GRANTING A SPECIAL USE PERMIT TO W. H.
OLIVE AND JACQULIN LOGAN TO CONSTRUCT MINI -WAREHOUSE
STORAGE FACILITIES LOCATED IN THE 1900 BLOCK OF
WASHINGTON AVENUE, WEST OF THE EAST VINTON PLAZA, (PART
OF TAX MAP NO. 61.15-1-1), VINTON MAGISTERIAL DISTRICT
WHEREAS, W. H. Olive and Jacqulin Logan has filed a petition to construct mini -
warehouse storage facilities located in the 1900 block of Washington Avenue, west of the
East Vinton Plaza (Part of Tax Map No. 61.15-1-1) in the Vinton Magisterial District; and
WHEREAS, the Planning Commission held a public hearing on this matter on
November 3, 1997; and
WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first
reading on this matter on October 28, 1997; the second reading and public hearing on this
matter was held on November 18, 1997.
NOW, THEREFORE BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That the Board finds that the granting of a special use permit to W. H. Olive
and Jacqulin Logan to construct mini -warehouse storage facilities located in the 1900
block of Washington Avenue, west of the East Vinton Plaza (Part of Tax Map No. 61.15-1-
1) in the Vinton Magisterial District is substantially in accord with the adopted 1985
Comprehensive Plan pursuant to the provisions of § 15.1-456 of the 1950 Code of Virginia,
as amended, and said Special Use Permit is hereby approved with the following
conditions:
1
(1) Type C screening and buffering will be required to the rear (north) of
and to the northwest side of the Vinton Family Medical Center where the clinic borders the
proposed mini -warehouses.
(2) Site will be developed in conformance with site plan dated July 16,
1987, and revised June 2, 1997.
(3) Height of the storage buildings is limited to 10 feet.
2. That this ordinance shall be in full force and effect thirty (30) days after its
final passage. All ordinances or parts of ordinances in conflict with the provisions of this
ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed
to amend the zoning district map to reflect the change in zoning classification authorized
by this ordinance.
On motion of Supervisor Nickens to adopt the ordinance with Condition 1 revised
to include Type C screening and buffering, and carried by the following recorded vote:
AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS: None
A COPY TESTE:
1&a�& Q, �J�
Brenda J. Holton, Deputy Clerk
Roanoke County Board of Supervisors
cc: File
Terry Harrington, Director, Planning & Zoning
Arnold Covey, Director, Engineering & Inspections
John W. Birckhead, Director, Real Estate Assessment
Paul M. Mahoney, County Attorney
2
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AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, NOVEMBER 18, 1997
RESOLUTION 111897-09 CERTIFYING EXECUTIVE MEETING WAS
HELD IN CONFORMITY WITH THE CODE OF VIRGINIA
WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened
an executive meeting on this date pursuant to an affirmative recorded vote and in
accordance with the provisions of The Virginia Freedom of Information Act; and
WHEREAS, Section 2.1-344.1 of the Code of Virginia requires a certification by the
Board of Supervisors of Roanoke County, Virginia, that such executive meeting was
conducted in conformity with Virginia law.
NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke
County, Virginia, hereby certifies that, to the best of each members knowledge:
1. Only public business matters lawfully exempted from open meeting requirements
by Virginia law were discussed in the executive meeting which this certification resolution
applies, and
2. Only such public business matters as were identified in the motion convening
the executive meeting were heard, discussed or considered by the Board of Supervisors
of Roanoke County, Virginia.
On motion of Supervisor Johnson to adopt the Certification Resolution and carried
by the following recorded vote:
AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS: None
A COPY TESTE:
&14--e� Q , i-)��
Brenda J. Holt n, Deputy Clerk
Roanoke County Board of Supervisors
cc: File
Executive Session