HomeMy WebLinkAbout2/10/1998 - Adopted Board RecordsAT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, FEBRUARY 10, 1998
RESOLUTION 021098-1 OF CONGRATULATIONS TO GLENVAR HIGH
SCHOOL GIRLS BASKETBALL TEAM FOR WINNING GROUP A STATE
BASKETBALL CHAMPIONSHIP
WHEREAS, team sports are an important part of the curriculum at schools in
Roanoke County, teaching cooperation, sportsmanship and athletic skill; and
WHEREAS, the Glenvar High School Girls Basketball Team won the Three Rivers
District championship and won its first ever Group A State basketball championship this
year, beating Northwood 60-49; and
WHEREAS, Katrina Williams and Erika Hale were both named to the Three Rivers
District All -District Team, and All -Region C Team; and Ms. Williams was the Associated
Press Group A State Player of the Year; and Ms. Hale was Associated Press Group A
Second Team All -State; and
WHEREAS, this was Coach Bryan Harvey's first season as head coach for the
Highlanders; and he was named Region C Coach of the Year, and Group A Coach of the
Year by the Coaches Team and by the Associated Press.
NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke
County, Virginia, does hereby extend its sincere congratulations to the members of the
Glenvar High School Girls Basketball Team: Meredith Shouse, Sarah Peterson, Kelly
Shreeve, Shannon Paxton, Katie Jones, Chrissy, Lewis, Elizabeth Wilburn, Leigh
Crawford, Erin Sotherden, Sarah Melton, Katrina Williams, Liz Webb, Mandy Williams,
Bonnie Willet, Erika Hale, and Head Coach Bryan Harvey and Assistant Coaches, Richie
1
Waggoner, Randy Hale and Tim Williams, for their athletic ability, their team spirit, and
their commitment to each other; and
BE IT FURTHER RESOLVED, that the Board of Supervisors extends its best wishes
to the team, the coaches, and the school in their future endeavors.
On motion of Supervisor Harrison to adopt the resolution, and carried by the
following recorded vote:
AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
NAYS: None
A COPY TESTE:
Mary H. Allen, CMC
Clerk to the Board of Supervisors
cc: File
Resolutions of Appreciation File
Dr. Deanna Gordon, School Superintendent
2
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, FEBRUARY 10, 1998
RESOLUTION 021098-2 APPROVING A JOINT RESOLUTION FOR THE
EXPANSION OF THE ROANOKE DETENTION CENTER TO BECOME THE
ROANOKE VALLEY JUVENILE DETENTION COMMISSION
WHEREAS, four jurisdictions in the Twenty -Third and Twenty -Second Judicial
Districts, specifically the City of Roanoke, the City of Salem, and the Counties of Roanoke
and Franklin, the "Participating Jurisdictions," have determined that the need for an
expanded and renovated secure juvenile detention facility exists in those jurisdictions; and
WHEREAS, the need for the expansion of the Roanoke Juvenile Detention Home
was further identified in the Roanoke City Needs Assessment, approved by the Board of
Juvenile Justice in April of 1996, and the Needs Assessment of the Counties of Roanoke
and Franklin and the City of Salem, approved by the Board in November of 1997; and
WHEREAS, the Participating Jurisdictions are in the process of forming the
Roanoke Valley Juvenile Detention Commission (the "Commission"), and are planning to
renovate and expand the present Roanoke Juvenile Detention Home to a capacity of 81
beds; and
WHEREAS, the Participating Jurisdictions are anticipating that the Juvenile
Detention Center will be fully operational on or before June 30, 2000; and
WHEREAS, the Participating Jurisdictions are requesting reimbursement for one
half of the eligible construction costs of the Juvenile Detention Center from the
Commonwealth of Virginia and will submit to the Board of Juvenile Justice for approval the
revised Program Design and Planning Study required by the Board for such purpose.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF
THE COUNTY OF ROANOKE:
1. That the County intends to become a member of the Commission as provided
by the Code of Virginia and subject to specific language, intends to enter into an
agreement to renovate, expand and use the Juvenile Detention Center for its secure
juvenile detention needs.
2. That the County, along with the remaining Participating Jurisdictions,
requests the Commonwealth of Virginia, subject to applicable regulations and other laws,
to reimburse the Commission for one half of the eligible construction costs of the Juvenile
Detention Center.
If
3. That the County requests the Board of Juvenile Justice to approve the
revised Program Design and Planning Study which will be submitted to the Board as a
prerequisite to receiving approval for such reimbursement.
On motion of Supervisor Johnson to adopt the resolution, and carried by the
following recorded vote:
AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
NAYS: None
A COPY TESTE:
Mary H. Allen, CMC
Clerk to the Board of Supervisors
cc: File
John M. Chambliss, Jr., Assistant County Administrator
Bonnie Newlon, Franklin County
Forest Jones, City of Salem
Glenn Radcliffe, City of Roanoke
2
A-021098-3
ACTION NO.
ITEM NUMBER ' —
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY,
VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: February 10, 1998
AGENDA ITEM: Request to receive and appropriate Section 18 monies from the Department
of Rail and Public Transportation for use by CORTRAN
COUNTY ADMINISTRATOR'S COMMENTS: 0/ ae,
SUMMARY OF INFORMATION:
The County has applied for and received Section 18 monies from the Commonwealth of
Virginia Department of Rail and Public Transportation for the period October 1, 1997 through
June 30, 1998. The amount approved for the County is $13,778. These monies are pass-through
to our CORTRAN program and are used to assist in providing public transportation to the rural
areas of the County. This is the same funding source that we used for the Red Line program that
was discontinued last year. These monies are in addition to the local appropriation approved for
CORTRAN for the current fiscal year and will be used to subsidize our cost of transportation to
qualified riders from the rural areas of the County. CORTRAN maintains the records of riders
from that designated rural area and applies these monies to their service.
The Board of Supervisors is requested to accept this grant and to authorize its transfer to
the CORTRAN program.
FISCAL IMPACT:
There are no new County dollars required. The $13,778 for the current fiscal year will
be received from the Commonwealth of Virginia to be used specifically for rural transportation
and should be appropriated so that we can transfer said monies to the CORTRAN program.
STAFF RECOMMENDATION:
Staff recommends accepting the $13,778 from the Department of Rail and Public
Transportation and authorization of the transfer of monies to the CORTRAN program.
a
Respectfully submitted, Approved by,
John M. Chambliss, r. Elmer C. Hodge
Assistant County Administrator County Administrator
ACTION VOTE
No Yes Abs
Approved (x) Motion by: H. Odell Minnix to receive Harrison _ x
Denied () and appropriate funds Johnson _ x _
Received () McNamara _ x _
Referred () Minnix _ x _
To () Nickens _ x
cc: File
John M. Chambliss, Jr., Assistant County Administrator
Diane D. Hyatt, Director, Finance
Vincent Copenhaver, Finance
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, FEBRUARY 10, 1998
RESOLUTION 021098-4 REQUESTING THE DIRECTOR OF THE
VIRGINIA DEPARTMENT OF CONSERVATION AND RECREATION TO
DESIGNATE THE SOUTHWEST DISTRICT PARK AS A PUBLIC
RECREATION AREA AND TO RECOMMEND TO THE COMMONWEALTH
TRANSPORTATION BOARD THAT RECREATIONAL ACCESS FUNDS BE
APPROVED FOR THIS PROJECT.
WHEREAS, the Southwest District Park is to be developed by the Roanoke County
Department of Parks and Recreation as a recreational facility serving the residents of
Roanoke County; and
WHEREAS, the facility is in need of adequate access; and
WHEREAS, the procedure governing the allocation of recreational access funds as
set forth in Section 33.1-223 of the Code of Virginia requires joint action by the Director
of the Department of Conservation and Recreation and the Commonwealth Transportation
Board; and
WHEREAS, a statement of policy agreed upon between the said Director and Board
approves the use of such funds for the construction of access roads to publicly -owned
recreational areas; and
WHEREAS, it appears to the Board that all requirements have been met to permit
the Director of the Department of Conservation and Recreation to designate Southwest
District Park as a public recreational facility and further permit the Commonwealth
Transportation Board to provide funds for access to this public recreation area in
accordance with Section 33.1-223 of the Code of Virginia; and
WHEREAS, the right of way of the proposed access road is provided by the County
of Roanoke at no cost to the Recreational Access Fund; and
WHEREAS, the Board acknowledges that, pursuant to the provisions of Section
33.1-223 of the Code of Virginia, this road shall be designated a 'Virginia Byway" and
recommends the Commonwealth Transportation Board, in cooperation with the Director
of the Department of Conservation and Recreation, take appropriate action to implement
this designation. Further, the Board agrees, in keeping with the intent of Section 33.1-63
of the Code of Virginia, to use its good offices to reasonably protect the aesthetic or
cultural value of this road.
NOW, THEREFORE BE IT RESOLVED, that the Board of Supervisors of the
County of Roanoke hereby requests the Director of the Department of Conservation and
Recreation to designate the Southwest District Park as a public recreational area and to
recommend to the Commonwealth Transportation Board that recreational access funds be
allocated for an access road to serve said park; and
BE IT FURTHER RESOLVED, that the Commonwealth Transportation Board is
hereby requested to allocate the necessary recreational access funds to provide a suitable
access road as hereinbefore described.
On motion of Supervisor Minnix to adopt the resolution, and carried by the following
recorded vote:
AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
NAYS: None
FA
A COPY TESTE:
Mary H. Allen, CMC
Clerk to the Board of Supervisors
cc: File
Pete Haislip, Director, Parks & Recreation
Director of the Department of Conservation and Recreation
Commonwealth Transportation Board
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, FEBRUARY 10, 1998
RESOLUTION 021098-5 APPROVING AND CONCURRING IN CERTAIN
ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA
FOR THIS DATE DESIGNATED AS ITEM I, CONSENT AGENDA
BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as
follows:
1. That the certain section of the agenda of the Board of Supervisors for
February 10, 1998 designated as Item I - Consent Agenda be, and hereby is, approved
and concurred in as to each item separately set forth in said section designated Items 1
through 4, inclusive, as follows:
Approval of minutes - October 28, 1997, November 18, 1997, December
2, 1997, December 16, 1997, January 5, 1998, January 10,11, 1998.
2. Resolution of support for legislation proposed by the Loudoun County
Board of Supervisors to provide for state assistance in funding of school
construction and renovation projects.
3. Acceptance of sanitary sewer facilities serving Lilies of the Gardens Off -
Site Sewer.
4. Resolution repealing certain actions of the Board of Supervisors and
providing for the creation of a Policy Manual.
2. That the Clerk to the Board is hereby authorized and directed where required
by law to set forth upon any of said items the separate vote tabulation for any such item
pursuant to this resolution.
On motion of Supervisor Minnix to adopt the Consent Resolution, and carried by
F1
the following recorded vote:
AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
NAYS: None
A COPY TESTE:
7>4z:2-� 1 - J
Mary H. Allen, CMC
Clerk to the Board of Supervisors
cc: File
Paul M. Mahoney, County Attorney
Dr. Deanna Gordon, School Superintendent
Gary Robertson, Director, Utility
Arnold Covey, Director, Engineering & Inspections
Mary Hicks, Executive Secretary
2
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, FEBRUARY 10, 1998
RESOLUTION 021098-5.a SUPPORTING LOUDOUN COUNTY'S PROPOSAL
THAT THE COMMONWEALTH OF VIRGINIA PROVIDE ASSISTANCE FOR
SCHOOL CONSTRUCTION AND RENOVATION PROJECTS.
WHEREAS, Roanoke County has embarked upon a program of school construction
and renovation projects totaling $120 million, and
WHEREAS, by Resolution 011098-1, the Roanoke County Board of Supervisors
adopted a legislative program requesting that the General Assembly increase the funds
available to the Literary Fund for local school capital construction or renovation projects
and increase funding based upon the locality's local effort in support of these capital
projects, and
WHEREAS, the Loudoun County Board of Supervisors has endorsed a proposal
that would provide for a 50% state reimbursement to localities for school construction and
renovation, and
WHEREAS, the proposal provides for the Commonwealth to reimburse localities for
one-half of the capital costs of a school construction, enlargement, or renovation project
based on State standards, and
WHEREAS, site acquisition, site development, furnishing, fixtures, and facilities
exceeding the state standards would not be included in the reimbursement formula.
NOW, THEREFORE BE IT RESOLVED that the Board of Supervisors of Roanoke
County, Virginia supports the Loudoun County Board of Supervisors in its efforts to
establish a program that would provide for a percentage State reimbursement to localities
1
for school construction and renovation projects.
FURTHER, the Board of Supervisors of Roanoke County directs that copies of this
resolution be forwarded to the members of the General Assembly representing the
Roanoke Valley and to the Loudoun County Board of Supervisors.
On motion of Supervisor Minnix to adopt the resolution, and carried by the following
recorded vote:
AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
NAYS: None
A COPY TESTE:
Mary H. Allen, CMC
Clerk to the Board of Supervisors
cc: File
The Honorable Dale Polen Myers, Chairman, Loudon County Board of Supervisors
The Honorable John S. Edwards
The Honorable Malfourd W. "Bo" Trumbo
The Honorable H. Morgan Griffith
The Honorable C. Richard Cranwell
The Honorable Clifton A. Woodrum
The Honorable A. Victor Thomas
Paul M. Mahoney, County Attorney
Dr. Deanna Gordon, School Superintendent
2
ACTION# A -021098-5.b
ITEM NUMBER
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: February 10, 1998
SUBJECT: Acceptance of Sanitary Sewer Facilities Serving Lilies of the Gardens Off -
Site Sewer
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
The Developers of Lilies of the Gardens Off -Site Sewer, Strauss Construction Corporation, have
requested that Roanoke County accept the Deed conveying the sanitary sewer facilities serving the
subdivision along with all necessary easements.
The sewer facilities are installed, as shown on plans prepared by Lumsden Associates, P.C. entitled
Lilies of the Gardens Off -Site Sewer, which are on file in the County Engineering Department. The
sanitary sewer facility construction meets the specifications and the plans approved by the County.
FISCAL IMPACT:
The value of the sanitary sewer construction is $ 22,000.
RECOMMENDATION:
Staff recommends that the Board of Supervisors accept the sanitary sewer facilities serving the
Lilies of the Gardens Off -Site Sewer along with all necessary easements, and authorize the County
Administrator to execute a Deed for the transfer of these facilities.
SUBMITTED BY:
Gary Robert on, P.E.
Utility Director
Approved (x)
Denied ( )
Received ( )
Referred ( )
To ( )
APPROVED:
d� � -
Elmer C. Hodge
County Administrator
ACTION
Motion by: H Odell Minnix to approve
cc: File
Gary Robertson, Director, Utility
Arnold Covey, Director, Engineering & Inspections
VOTE
No Yes Abs
Harrison _ x
Johnson _ x _
McNamara _ x
Minnix _ x _
Nickens — x _
RETURN To:
ROANOKE COUNTY
ATTORNEY'S OFFICE
N
THIS CHATTEL DEED, made this -T day of-T,4AIuAR�I '19 99,
by and between: Strauss Construction Corporation , a Virginia corporation, hereinafter
referred to as the "Developer," party 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
1
..� - 3
As shown on the plan entitled Offsite Sant Sewer Plan for Lilies of the Gardens,
made by Lumsden Associates, P.C. 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
A
WITNESS THE FOLLOWING signatures and seals:
Developer: Strauss Construction Corporation
By:
As:
State of: Virginia
County/City of: Roanoke , to wit:
The foregoing instrument was acknowledged before me this:
day of-�.D.�tu ARS_, 19
By: Steve Strauss Its President
Duly authorized officer Title
on behalf of Strauss Construction Corporation
Notary Public
My Commission expires: 4d,0
Page 3 of 4
Approved as to form:
County Attorney
Board of Supervisors of
Roanoke County, Virginia
By: (SEAL)
Elmer C. Hodge
County Administrator
State of Virginia
County/City of: 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
ROANOKE COUNTY :ACCEPTANCE OF OFF-SITE SEWER FACILITIES SERVING
UTILITY LILIES OF THE GARDENS.
DEPARTMENT
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, FEBRUARY 10, 1998
RESOLUTION 021098-S.c RESCINDING CERTAIN POLICIES
PREVIOUSLY ADOPTED BY THE BOARD OF SUPERVISORS WITHIN
THE DEPARTMENT OF ENGINEERING AND INSPECTIONS, AND TO
PROVIDE FOR A POLICY MANUAL TO GUIDE THE ADMINISTRATION
OF COUNTY GOVERNMENT
WHEREAS, the Board of Supervisors of Roanoke County hereby establishes a
Policy Manual to provide an organized, systematic approach to the handling of routine
matters by this government organization, and a dependable source of reference for all
County departments and the Board; and,
WHEREAS, this Policy Manual is based upon actions taken and measures adopted
by the various boards of supervisors of Roanoke County over the past 20 years; and,
WHEREAS, in reviewing these actions of the boards of supervisors of Roanoke
County over the past 20 years, certain actions should be repealed, rescinded, modified or
amended; and,
WHEREAS, this Resolution addresses those actions pertaining to the Department
of Engineering and Inspections.
NOW THEREFORE, BE IT RESOLVED, by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That there is hereby established a Policy Manual for Roanoke County
government.
2. That Resolution 82-213 (adopted November 22, 1983), Resolution 85-7
(adopted January 8, 1985), and Action Item A-9-23-86-198 which established certain
1
building permit fees are hereby repealed. These fees are currently found in Section 7-71
of the County Code.
3. That Resolution 84-29a (adopted February 14, 1984) which established
certain fees for erosion and sediment control programs is hereby repealed. These fees
are currently found in Section 8-7 of the Roanoke County Code.
4. That Resolution 1727 (adopted March 8, 1977) which established a street
improvement policy is hereby repealed. The elements of this policy are currently reflected
in several other County and Commonwealth (VDOT) programs.
5. That this Resolution shall take effect immediately upon its adoption.
On motion of Supervisor Minnix to adopt the resolution, and carried by the following
recorded vote:
AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
NAYS: None
A COPY TESTE:
Mary H. Alien, CMC
Clerk to the Board of Supervisors
cc: File
Paul M. Mahoney, County Attorney
Arnold Covey, Director, Engineering & Inspections
Mary Hicks, Executive Secretary
E
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
ON FEBRUARY 10, 1998
RESOLUTION 021098-6 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 McNamara, Minnix, Harrison, Nickens, Johnson
NAYS: None
A COPY TESTE:
Mary H. Allen, CMC
Clerk to the Board of Supervisors
cc: File
Executive Session
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, FEBRUARY 10, 1998
and
RESOLUTION 02109 -7 EXPRESSING THE APPRECIATION OF
THE BOARD OF SUPERVISORS OF ROANOKE COUNTY UPON
THE RETIREMENT OF DAVID L. MILLER, SHERIFF'S OFFICE
WHEREAS, David L. Miller was first employed on July 15, 1972 as a Deputy Sheriff;
WHEREAS, David L. Miller has served as a deputy in the Traffic Division, Detective
Division and Sheriff's Office, Court Services Division; and
WHEREAS, David L. Miller, through his employment with Roanoke County, has
been instrumental in improving the quality of life for its citizens; and
WHEREAS, the Board of Supervisors is informed and aware of David L. Miller's
activities and dedication to the worldwide Christian Motorcyclists Association, and that he
plans to continue to serve this organization in his retirement years for the advancement
of the cause of Christianity worldwide.
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke
County expresses its deepest appreciation and the appreciation of the citizens of Roanoke
County to DAVID L. MILLER for over twenty-five years of capable, loyal and dedicated
service to Roanoke County.
FURTHER, the Board of Supervisors does express its best wishes for a happy,
restful, and productive retirement.
On motion of Supervisor Nickens to adopt the resolution, and carried by the
following recorded vote:
1
AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
NAYS: None
A COPY TESTE:
Mary H. Allen, CMC
Clerk to the Board of Supervisors
cc: File
Resolutions of Appreciation
Gerald Holt, Sheriff
2
THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, IN REGULAR MEETING ON
THE 10TH DAY OF FEBRUARY 1998, ADOPTED THE FOLLOWING:
RESOLUTION 021098-8 TO ABANDON PUBLIC STREETS OF VIRGINIA
SECONDARY ROUTES, A PORTION OF ROUTE 862 (VALLEY AVENUE),
ROUTE 876 (MEADOW VIEW ROAD), ROUTE 877 (PINKARD AVENUE) AND
ROUTE 878 (BOOKER ROAD), PINKARD COURT SUBDIVISION IN THE CAVE
SPRING MAGISTERIAL DISTRICT
WHEREAS, a public notice was posted as prescribed under §33.1-151, Code of
Virginia, announcing a public hearing to receive comments concerning abandoning the
sections of roads described below from the secondary system of state highways, and
WHEREAS, the Commissioner of the Virginia Department of Transportation was
provided the prescribed notice of this Board's intent to abandon the subject sections of
roads, and
WHEREAS, after considering all evidence available, this Board is satisfied that no
public necessity exists for the continuance of the section of Secondary Route 862 from
0.03 miles west of Route 876 to 0.17 miles west of Route 876, a distance of 0.14 miles,
Secondary Route 876 from Route 862 to 0.10 miles south of Route 862, a distance of 0.10
miles, Secondary Route 877 from Route 876 to 0.14 miles west of Route 876, a distance
of 0.14 miles, and Secondary Route 878 from Route 862 to 0.10 miles south of Route 862,
a distance of 0.10 miles, and hereby deem these sections of roads no longer necessary
as a part of the Secondary System of State Highways.
NOW, THEREFORE, BE IT RESOLVED, this Board abandons the above described
sections of roads and removes it from the secondary system of state highways, pursuant
to §33.1-151, Code of Virginia.
BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded
to the Resident Engineer of the Virginia Department of Transportation.
Recorded Vote
Moved By: Supervisor Minnix
Seconded By: None Required
Yeas: Supervisors pervisors McNamara Minnix, Harrison, Nickens Johnson
Nays: None
A Copy Teste:
ap-��
Mary H. Allen, CMC
Clerk to the Board of Supervisors
M. File
Arnold Covey, Director, Engineering & Inspections
Virginia Department of Transportation
f"1 E9
■rM
Pinkard Court
03
0
�. 4zoo
State Maintained Roads to Be Abandoned
Rt. 862
.�
a . e_
T
Ave. .�
:1 • '
• • • 4921 80.49
A.118
40 40
12
7805
117.36
From
0.03 Mi W of Rte 876
Rte 862
Rte 876
Rte 862
To
0.17 Mi W of Rte 876
0.10 Mi S of Rte 862
0.14 Mi W of Rte 876
0.10 Mi S of Rte 862
Length
0.14
0.10
0.14
0.10
,p '
, . • • 4
., �91.
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123 I
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Pinkard Court
State Maintained Roads to Be Abandoned
Route Name
862 Valley Avenue
876 Meadowview Road
877 Pinkard Street
878 Booker Road
From
0.03 Mi W of Rte 876
Rte 862
Rte 876
Rte 862
To
0.17 Mi W of Rte 876
0.10 Mi S of Rte 862
0.14 Mi W of Rte 876
0.10 Mi S of Rte 862
Length
0.14
0.10
0.14
0.10
ROANOKE COUNTY REQUEST TO ABANDON PUBLIC STREETS OF VIRGINIA
ENGINEERING & SECONDARY ROUTES, A PORTION OF ROUTE 862 (VALLEY
AVENUE), ROUTE 876 (MEADOW VIEW ROAD), ROUTE 877
INSPECTIONS DEPARTMENT (PINKAgD AVENUE) AND ROUTE 878 (BOOKER ROAD),
PINKARD COURT SUBDIVISION IN CAVE SPRING DISTRICT
ROANOKE COUNTY, VIRGINIA.
7 7. ��
r
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, FEBRUARY 10, 1998
ORDINANCE 021098-9 VACATING AND CLOSING AS PUBLIC RIGHTS-
OF-WAY A PORTION OF VALLEY AVENUE, ALL OF PINKARD AVENUE,
MEADOW VIEW ROAD, BOOKER ROAD, AND SUMMIT AVENUE, AND
ALL ALLEYS IN PINKARD COURT SUBDIVISION SHOWN IN PLAT BOOK
1, PAGE 363.
WHEREAS, the Petitioners, residents and Interstate Development, L.L.C., optionee
on the properties, in Pinkard Court Subdivision as shown on the "Map of Pinkard Court"
of record in the Clerk's Office of the Circuit Court of Roanoke County in Plat Book 1, Page
363, have proposed the sale and acquisition of the lots in said subdivision for development
of a Lowe's retail business in the County of Roanoke; and,
WHEREAS, the Petitioners have requested that the Board of Supervisors of
Roanoke County, Virginia, vacate and close as public rights-of-way a portion of Valley
Avenue, all of Pinkard Avenue, Meadow View Road, Booker Road and Summit Avenue,
and all alleys, in Pinkard Court Subdivision, said roads, streets and alleys having been
created and shown on the "Map of Pinkard Court" recorded in Plat Book 1, Page 363; and,
WHEREAS, §15.2-2272.2 of the Code of Virginia (1950, as amended) requires that
such action be accomplished by the adoption of an ordinance by the governing body; and,
WHEREAS, notice has been given as required by §15.2-2204 of the Code of
Virginia (1950, as amended), and the first reading of this ordinance was held on January
27, 1998; the public hearing and second reading of this ordinance was held on February
10, 1998.
NOW THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That the public rights-of-way, situate in the Cave Spring Magisterial District of
Roanoke County, shown and cross -hatched on Exhibit A attached hereto, and referenced
as a portion of Valley Avenue (Route 862), from .03 miles west from its intersection with
Meadow View Road (Route 876), to its intersection with Washington Avenue, all of Pinkard
Avenue (Route 877), Meadow View Road (Route 876), Booker Road (Route 878) and
Summit Avenue, and all alleys, created on plat entitled "Map of Pinkard Court", recorded
in the aforesaid Clerk's Office in Plat Book 1, Page 363, be, and hereby are, vacated and
closed pursuant to Section 15.2-2272 of the Code of Virginia (1950, as amended), subject
to the following conditions:
a. That fee simple title to all of the lots in Pinkard Court Subdivision as shown
on Plat Book 1, Page 363 (except Lots 1, 2, and 3 in Block 1 which are not
affected by this action), to a parcel of land currently owned by Rowena P.
Jernigan (Deed Book 1288, Page 803) designated on the Roanoke County
Land Records as Tax Map No. 87.08-3-1, and to a parcel of land consisting
of 21.686 acres, more or less, and being a portion of a tract of land currently
owned by Craighead Real Estate (Deed Book 1388, Page 1311; Will Book
44, Page 1447) designated on the Roanoke County Land Records as Tax
Map No. 77.20-1-42 and a portion of Tax Map No. 77.20-1-43, shall be
acquired by Interstate Development, L.L.C., or its assignee (Lowe's
Companies, Inc.), in one common ownership and all of said lots or parcels
shall be added and combined into one tract or parcel of land, with other
parcels added if necessary or desired, within four months from the date of
adoption of this ordinance.
b. That fee simple title to said roads, streets and alleys shall vest in the
owner(s) of the abutting properties within the subdivision as provided in
§15.2-2274 of the Code of Virginia (1950, as amended), subject to the
condition that the vacated areas of land shall be added and combined, by
deed or by plat, to said abutting property, in compliance with the Roanoke
County Subdivision and Zoning Ordinances, and other applicable laws and
regulations.
C. That a new public right-of-way from Franklin Road (Route 220) and
extending to Washington Avenue be dedicated and the appropriate
2
guarantee be provided to the County of Roanoke for the construction of the
new road to the standards required by the Virginia Department of
Transportation (VDOT) and for VDOT acceptance of the new road into the
state secondary road system.
d. That abandonment of those portions of Valley Avenue (Route 862), Pinkard
Avenue (Route 877), Meadow View Road (Route 876), and Booker Road
(Route 878) which are part of the secondary system of state highways be
approved by separate procedure and action in accordance with §33.1-151
of the Code of Virginia (1950, as amended).
e. That all costs and expenses associated herewith, including but not limited
to publication, survey and recordation costs, shall be the responsibility of
Interstate Development, L.L.C., or its assignee (Lowe's Companies, Inc.);
and,
2. That the County Administrator, an Assistant County Administrator, or any
County Subdivision Agent is hereby authorized to execute such documents and take such
actions as may be necessary to accomplish the provisions of this ordinance, all of which
shall be on form approved by the County Attorney.
3. That this ordinance shall be effective on and from the date of its adoption, and
a certified copy of this ordinance shall be recorded in the Clerk's Office of the Circuit Court
of Roanoke County, Virginia, in accordance with §15.2-2272.2 of the Code of Virginia
(1950, as amended).
On motion of Supervisor Minnix to adopt the ordinance, and carried by the following
recorded vote:
AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
NAYS: None
A COPY TESTE:
3
Mary H. Allen, CMC
Clerk to the Board of Supervisors
cc: File
Arnold Covey, Director, Engineering & Inspections
Vickie Huffman, Assistant County Attorney
a]
ROANOKE COUNTY VACATION AS A PUBLIC RIGHT-OF-WAY, A PORTION OF
ENGINEERING & VALLEY AVENUE, PINKARD AVENUE, MEADOW VIEW ROAD,
BOOKER ROAD AND SUMMIT AVENUE AND ALL ALLEYS.
INSPECTIONS DEPARTMENT
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, FEBRUARY 10, 1998
ORDINANCE 021098-10 GRANTING A SPECIAL USE PERMIT TO
GOLDEN OAKS KENNELS TO ALLOW A PRIVATE KENNEL AT 4601
GOODMAN ROAD (TAX MAP NO. 89.01-4-9), VINTON MAGISTERIAL DIS-
TRICT
WHEREAS, Golden Oaks Kennels has filed a petition to allow a private kennel
located at 4601 Goodman Road (Tax Map No. 89.01-4-9) in the Vinton Magisterial District;
and
WHEREAS, the Planning Commission held a public hearing on this matter on
December 2, 1997; and
WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first
reading on this matter on November 18, 1997; the second reading and public hearing on
this matter was held on December 16, 1997, and continued to January 27, 1998, and
continued to February 10, 1998.
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 Golden Oaks
Kennels to allow a private kennel located at 4601 Goodman Road (Tax Map No. 89.01-4-
9) 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) The number of dogs allowed shall be limited to five; however, the
applicant is permitted to kennel the eight dogs currently on the property.
Upon the death or disposition of any dog in excess of the five dogs
1
permitted, the owner shall not be allowed to replace said dogs.
(2) The Special Use Permit is restricted to Raymond and Patricia Harris only
and shalt no# be transferable to any other property owner.
(3) A kennel silencer shall be installed.
(4) No signage advertising animals for sale shall be permitted.
(5) Staff shall make an administrative review of the special use permit for
compliance with the ordinance after twelve months.
(6) No dog from the kennel will be allowed out of the kennel unless under the
control and supervision of the owner or an agent of the owner.
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 modifying Condition #1 and
adding Condition #6, and carried by the following recorded vote:
AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
NAYS: None
A COPY TESTE:
_.d). 4fl�- •
Mary H. Allen, CMC
Clerk to the 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
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, FEBRUARY 10, 1998
ORDINANCE 021098-11 TO AMEND AND REENACT SECTION 10-3,
ARTICLE I OF CHAPTER 10 "LICENSES" OF THE ROANOKE COUNTY
CODE IN ORDER TO CONFORM WITH A STATE CODE AMENDMENT TO
ELIMINATE CHARGING A LICENSE FEE TO CERTAIN BUSINESSES
SUBJECT TO A LICENSE TAX
WHEREAS, pursuant to the authority of Chapter 37 (Section 58.1-3700, et M.) of
the Code of Virginia, 1950, as amended, the County of Roanoke, Virginia, imposes a
business, professional, and occupational license (BPOL) tax through the adoption of an
ordinance codified in Chapter 10 Licenses of the Roanoke County Code; and,
WHEREAS, said state enabling legislation was substantially amended by the 1996
session of the Virginia General Assembly and the Board of Supervisors of Roanoke
County adopted an ordinance in June of 1996, to be effective on January 1, 1997,
amending the Roanoke County Code to address and conform with the state code
provisions, including imposition of a $50 fee for issuance of a business license; and,
WHEREAS, §58.1-3703 of the Code of Virginia was amended by the 1997 session
of the General Assembly to provide that the license taxes authorized therein shall not be
assessed and collected on any amount of gross receipts of each business upon which a
license fee is charged, which amendment is to be effective July 1, 1998; and,
WHEREAS, said amendment necessitates a revision to §10-3 of the County Code,
to be effective July 1, 1998; and,
1
WHEREAS, the Board of Supervisors finds that, for businesses with gross receipts
of $100,000 or more and therefore subject to the BPOL tax, the tax should properly be
assessed on the "whole, entire, total receipts, without deduction", as gross receipts is
defined in the state and county code, and that in accordance with the amendment to §58.1-
3703, such businesses shall not be charged the $50 license fee under §10-3(a)(1); and,
WHEREAS, legal notice of this amendment has been published in a newspaper of
general circulation within Roanoke County on January 13, 1998, and January 20, 1998;
and,
WHEREAS, the first reading of this ordinance was held on January 13, 1998, and
the second reading and public hearing on this ordinance was held on February 10, 1998.
NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That §10-3 of Article I, Chapter 10, LICENSES of the Roanoke County Code
be amended and reenacted as follows:
Sec. 10-3. Levying of license fees and taxes.
(a) Subject to the limitations provided in § 58.1-3703.C. of the Code of Virginia
(1950, as amended), and except as otherwise specifically provided for in this chapter of
the Roanoke County Code, there are hereby imposed and levied for each and every year,
beginning with January 1 of each year and ending December 31 following, and there shall
be collected the following license fees and taxes upon the privilege of doing business or
exercising a profession, trade, occupation or calling, including all phases thereof, in the
2
county, which license fees and taxes shall be for the support of the county government,
payment of the county debt, and for other county and public purposes:
(1) There is hereby imposed and there shall be collected an annual license fee
at the rates and in the amounts hereinafter set forth in this chapter upon any
person, firm, or corporation engaged in a business, trade, profession,
occupation or calling subject to licensure in the county. Except as may be
otherwise authorized by specific or special provisions of Chapter 37 (§ 58.1-
3700 et seq.) of the Code of Virginia, 1950, as amended, and this chapter
of the Roanoke County Code, the annual license taxes shall not be imposed
upon any person whose gross receipts from a business, profession, trade,
occupation or calling are less than one hundred thousand dollars
($100,000.00) during the preceding calendar year.
3
(b) Where the license tax imposed in this chapter is measured by volume, the
volume on which the tax may be computed shall be the volume attributable to all definite
places of business of the business, profession, trade, occupation or calling in the county.
All volume attributable to any definite places of business of the business, profession, trade,
occupation or calling in any other locality shall be deductible from the base in computing
any local license tax measured by volume imposed upon the licensee in the county.
"Volume," as used in this section, means gross receipts, sales, purchases, or other base
for measuring a license tax which is related to the amount of business done.
2. That this ordinance shall be effective on and from July 1, 1998.
On motion of Supervisor Johnson to adopt the ordinance, and carried by the
following recorded vote:
AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
NAYS: None
A COPY TESTE:
Mary H. Allen, CMC
Clerk to the Board of Supervisors
cc: File
Brent Robertson, Budget Manager
Circuit Court
Roy B. Willett, Judge
Clifford R. Weckstein, Judge
Diane McQ. Strickland, Judge
Richard C. Pattisall, Judge
Robert P. Doherty, Jr., Judge
Jonathan M. Apgar, Judge
Steven A. McGraw, Clerk
Juvenile Domestic Relations District Court
Joseph M. Clarke, II, Judge
Philip Trompeter, Judge
John B. Ferguson, Judge
Joseph P. Bounds, Judge
Ruth P. Bates, Clerk
Intake Counsellor
General District Court
George W. Hams, Judge
William Broadhurst, Judge
Vincent Lilley, Judge
Julian H. Raney, Judge
Jacqueline F. Ward Talevi, Judge
Theresa A. Childress, Clerk
Skip Burkart, Commonwealth Attorney
Paul M. Mahoney, County Attorney
Magistrates Sherri Krantz/Betty Perry
Main Library
Ray Lavinder, Police Chief
Richard Burch, Chief of Fire & Rescue
Roanoke Law Library, 315 Church Avenue, S.W., Rke 24016
Roanoke County Law Library, Singleton Osterhoudt
Roanoke County Code Book
Gerald S. Holt, Sheriff
John M. Chambliss, Jr., Assistant County Administrator
Don C. Myers, Assistant County Administrator
Diane D. Hyatt, Director, Finance
O. Arnold Covey, Director, Engineering & Inspections
Terrance L. Harrington, Director, Planning & Zoning
Gary Robertson, Director, Utility
Michael Lazzuri, Court Services
William J. Rand, III, Director, General Services
Thomas S. Haislip, Director, Parks & Recreation
Elaine Carver, Director, Procurement
John W. Birckhead, Director, Real Estate Assessment
Alfred C. Anderson, Treasurer
R. Wayne Compton, Commissioner of Revenue
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, FEBRUARY 10, 1998
ORDINANCE 021098-12 AUTHORIZING THE VACATION OF A 5 FOOT
PORTION OF A SANITARY SEWER AND DRAINAGE EASEMENT
LOCATED ON LOT 8, NOTTINGHAM PARK, PLAT BOOK 17, PAGE 124,
(ALSO KNOWN AS LOT 8A, NOTTINGHAM PARK, PLAT BOOK 20,
PAGE 77) IN THE WINDSOR HILLS MAGISTERIAL DISTRICT
WHEREAS, by subdivision plat entitled "SURVEY OF NOTTINGHAM PARK",
recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Plat Book
17, page 124, Triangle Developers, Inc. dedicated certain public easements, including a
30' sanitary sewer and drainage easement along the property line of Lots 7 and 8; and,
WHEREAS, by resubdivision plat entitled "RESUBDIVISION PLAT FOR TRIANGLE
DEVELOPERS, INC.", recorded in the aforesaid Clerk's Office in Plat Book 20, page 77,
the property lines were adjusted and the northern half of the subject easement is now
located on the lot designated as Lot 8A, Nottingham Park; and,
WHEREAS, the petitioner, Triangle Developers, Inc., is the owner of Lot 8A
(formerly Lot 8), Nottingham Park; and,
WHEREAS, a recent survey of said property reflects that a new residential dwelling
located thereon encroaches upon the north side of the existing 30' sanitary sewer and
drainage easement; and,
WHEREAS, by deed of easement dated October 6, 1997, the Petitioner granted an
additional 5' sanitary sewer and drainage easement along the south side of the existing
30' sanitary sewer and drainage easement on Lot 7, Nottingham Park, resulting in a 35'
easement and said easement was accepted by the Roanoke County Board of Supervisors
on December 2, 1997; and,
WHEREAS, the petitioner has requested that the 5' portion of the sanitary sewer
and drainage easement on the north side of the existing 35' sanitary sewer and drainage
easement be vacated by the Board of Supervisors of Roanoke County, Virginia, pursuant
to Section 15.2-2272.2 of the Code of Virginia (1950, as amended), which requires that
such action be accomplished by the adoption of an ordinance by the governing body; and,
WHEREAS, notice has been given as required by Section 15.2-2204 of the Code
of Virginia (1950, as amended), and a first reading of this ordinance was held on
January 13, 1998; the public hearing and second reading of this ordinance was held on
February 10, 1998.
THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County,
Virginia, as follows:
1. That the northerly 5' portion of the existing sanitary sewer and drainage
easement along the southern property line of Lot 8 (now Lot 8A), Nottingham Park, in the
Windsor Hills Magisterial District of the County of Roanoke, Virginia, as shown on the
subdivision plat entitled "SURVEY OF NOTTINGHAM PARK", recorded in the aforesaid
Clerk's Office in Plat Book 17, page 124, also being on Lot 8A, Nottingham Park as shown
on the resubdivision plat of record in Plat Book 20, page 77, and further shown as "5 FT.
D.E. & S.S.E. TO BE VACATED" on the Exhibit attached hereto, be, and hereby is,
vacated pursuant to Section 15.2-2272 of the Code of Virginia (1950, as amended); and,
2. That, as a condition to the adoption of this ordinance, all costs and expenses
associated herewith, including but not limited to publication, survey and recordation costs,
N
shall be the responsibility of the petitioner, Triangle Developers, Inc., or their successors
or assigns; and,
3. That this ordinance shall be effective on and from the date of its adoption,
and a certified copy of this ordinance shall be recorded in the Clerk's Office of the Circuit
Court of Roanoke County, Virginia, in accordance with Section 15.2-2272.2 of the Code
of Virginia (1950, as amended).
On motion of Supervisor McNamara to adopt the ordinance, and carried by the
following recorded vote:
AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
NAYS: None
A COPY TESTE:
Mary H. Allen, CMC
Clerk to the Board of Supervisors
cc: File
Arnold Covey, Director, Engineering & Inspections
Gary Robertson, Director, Utility
Vickie Huffman, Assistant County Attorney
3
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ROANOKE COUNTY REQUEST TO VACATE A 5 FOOT PORTION OF A SANITARY
ENGINEERING 8c SEWER AND DRAINAGE EASEMENT LOCATED ON THE
SUBDIVISION PLAT OF NOTTINGHAM PARK IN WINDSOR
INSPECTIONS DEPARTMENT HILLS MAGISTERIAL DISTRICT
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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, FEBRUARY 10, 1998
ORDINANCE 021098-13 AUTHORIZING THE VACATION OF A PORTION
OF A 20 -FOOT DRAINAGE EASEMENT SHOWN ON THE REMAINING
PROPERTY OF THE A. D. STRUBLER HEIRS, RECORDED IN PLAT
BOOK 16, PAGE 128, AND FURTHER SHOWN ON LOTS 1 AND 23,
SECTION 2, PLANTATION GROVE, AND ALONG A PORTION OF THE
RIGHT OF WAY FOR CARTER GROVE LANE IN PLAT BOOK 19, PAGE
175, IN THE HOLLINS MAGISTERIAL DISTRICT
WHEREAS, by subdivision plat entitled "Survey for Plantation Grove", dated
September 14, 1993, and recorded in the Clerk's Office of the Circuit Court of Roanoke
County, Virginia, in Plat Book 16, page 128, the A. D. Strubler heirs dedicated certain
public easements, including a 20 -foot drainage easement located on their remaining
property; and,
WHEREAS, upon subdivision of the remaining property, a portion of said 20 -foot
drainage easement was located on Lots 1 and 23, Section 2, Plantation Grove, and across
a portion of Carter Grove Lane, as shown in Plat Book 19, page 175; and,
WHEREAS, the drainage plan for the Plantation Grove Subdivision has been
altered from its original design, and the easement previously created is unnecessary; and,
WHEREAS, the petitioners, Michael L. and Crystal L. LaBrie, and DVW,
Incorporated, are the current owners of Lot 1 (Tax Map No. 40.13-5-2) and Lot 23 (Tax
Map No. 40.13-5-9), respectively; and,
WHEREAS, the petitioners have requested that a portion of the 20 -foot drainage
easement be vacated by the Board of Supervisors of Roanoke County, Virginia, pursuant
to Section 15.2-2272.2 of the Code of Virginia (1950, as amended), which requires that
such action be accomplished by the adoption of an ordinance by the governing body; and,
WHEREAS, notice has been given as required by Section 15.2-2204 of the Code
of Virginia (1950, as amended), and a first reading of this ordinance was held on January
13,1998; the public hearing and second reading of this ordinance was held on February
10, 1998.
THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County,
Virginia, as follows:
1. That a portion of the "EXIST. 20' D.E. (P.B. 16 PG. 128)", being twenty feet (20')
in width, located along Lots 1 and 23, and Carter Grove Lane, Section 2, Plantation Grove,
in the Hollins Magisterial District of the County of Roanoke, Virginia, as shown on the
subdivision plat entitled "Survey for Plantation Grove, Section 2", dated February 4, 1997,
and recorded in the aforesaid Clerk's Office in Plat Book 19, page 175, and having been
dedicated and shown as "20' D.E." on the remaining property of the A. D. Strubler Heirs
on plat entitled "Survey for Plantation Grove" recorded as aforesaid in Plat Book 16, page
128, and being specifically shown as "Easement to be vacated" on the Exhibit attached
hereto, be, and hereby is, vacated pursuant to Section 15.2-2272.2 of the Code of Virginia,
(1950, as amended); and,
2. That, as a condition to the adoption of this ordinance, all costs and expenses
associated herewith, including but not limited to publication, survey and recordation costs,
shall be the responsibility of the petitioners, Michael L. and Crystal L. LaBrie and DVW,
Incorporation, or their successors or assigns; and,
3. That this ordinance shall be effective on and from the date of its adoption,
and a certified copy of this ordinance shall be recorded in the Clerk's Office of the Circuit
2
Court of Roanoke County, Virginia, in accordance with Section 15.2-2272.2 of the Code
of Virginia (1950, as amended).
On motion of Supervisor Johnson to adopt the ordinance, and carried by the
following recorded vote:
AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
NAYS: None
A COPY TESTE:
Mary H. Allen, CMC
Clerk to the Board of Supervisors
cc: File
Arnold Covey, Director, Engineering & Inspections
Vickie Huffman, Assistant County Attorney
3
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VICINITY MAF'
Reguest to Vacate
20 foot drainage easement
7.5'
Recorded in
Plat Book 1S, Page 128
:: _•� Plantation Grove - Section 1
,��� �o� `��:� �. •oma
Lot 23
ti-\
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Lot 22
ROANOKE COUNTY
ENGINEERING &
INSPECTIONS DEPARTMENT
Located on
Lot 1 (Tax Parcel• 40. iS-5-2) A -
Lot 23 (Tax Paroel; 40.13-5-9) &
Crossing new right of way (Carter Grove Ln)
2n
Plantation Grove - Section 2
Recorded in
Plat Book 19, Page 175
/ Easement t0
Z be vacated
`•i:iii1 urn
Lot >
7.5'
60.00'
gI. S 46'21'01" W
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29.98'
Lot 2 S 11°30'20' E
Request to Vacate
20 foot drainage easement
Recorded in
Plat Book 1 S, Page 128
Plantation Grove - Section 1
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, FEBRUARY 10, 1998
ORDINANCE 021098-14 VACATING AND CLOSING AN UNIMPROVED
AND UNUSED RIGHT-OF-WAY KNOWN AS CHAMP DRIVE IN PENN
FOREST SUBDIVISION SHOWN IN PLAT BOOK 5, PAGE 82.
WHEREAS, the Petitioner, Buck Mountain Land Development, L.L.C., is the owner
of one of the parcels of land adjacent to Champ Drive, shown as "Remaining Property of
Tract B" on that certain 'Plat Showing Subdivision of a Portion of Penn Forest' recorded
in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Plat Book 6,
Page 77, said parcel being designated on the Roanoke County Land Records as Tax Map
#87.10-8-6; and,
WHEREAS, the Petitioner has requested that the Board of Supervisors of Roanoke
County, Virginia, vacate and close Champ Drive, which is an unimproved, unused right-of-
way, measuring fifty feet (50') in width and approximately two hundred ninety feet (290')
in length, extending from Chaparral Drive to Kenwick Trail, being shown and dedicated on
plats of Penn Forest Subdivision, recorded in the aforesaid Clerk's Office in Plat Book 5,
Page 82, and Plat Book 6, Page 77; and,
WHEREAS, §15.2-2272.2 of the Code of Virginia (1950, as amended) requires that
such action be accomplished by the adoption of an ordinance by the governing body; and,
WHEREAS, notice has been given as required by §15.2-2204 of the Code of
Virginia (1950, as amended), and the first reading of this ordinance was held on January
13, 1998; the public hearing and second reading of this ordinance was held on February
10, 1998.
NOW THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
That an unimproved portion of right-of-way, situate in the Cave Spring
Magisterial District and known as Champ Drive, being approximately 50' in width and 290'
in length, extending from Chaparral Drive to Kenwick Trail, as shown on plats of Penn
Forest Subdivision, recorded in the aforesaid Clerk's Office in Plat Book 5, Page 82, be,
and hereby is, vacated and closed pursuant to Section 15.2-2272 of the Code of Virginia
(1950, as amended), subject to the following conditions:
a. That a perpetual drainage easement, fifty feet (50') in width, and
extending northwesterly from Chaparral Drive through Champ Drive
a distance of 145' to connect with the existing 20' drainage easement
through Lots 1 and 2, Block 6, Penn Forest, Section 1, on plat
recorded in Plat Book 5, Page 82, to construct, install, improve,
operate, inspect, use, maintain, remove, monitor, repair or replace
present or future drainage courses, ditches, lines, pipes, facilities,
and other necessary or related structures, appurtenances and
improvements, for management, collection, transmission and
distribution of any form of drainage, including but not limited to
stormwater drainage, together with the right of ingress and egress
thereto from a public road, is hereby reserved and retained. The
location of said easement is shown cross -hatched and designated as
"50' DEDICATED D.E." on the map entitled 'Vacating of 50' Right Of
Way Known As Champ Drive And Retaining A 50' Dedicated
Drainage Easement' attached hereto and made a part hereof.
b. That fee simple title to the centerline of Champ Drive shall vest in the
owners of the abutting properties as provided in §15.2-2274 of the
Code of Virginia (1950, as amended), subject to the above-described
drainage easement and subject to the condition that the vacated area
of land shall be added and combined, by deed or by plat, to said
abutting properties, in compliance with the Roanoke County
Subdivision and Zoning Ordinances, and other applicable laws and
regulations.
2
C. That all costs and expenses associated herewith, including but not
limited to publication, survey and recordation costs, shall be the
responsibility of the Petitioner; and,
2. That the County Administrator, an Assistant County Administrator, or any
County Subdivision Agent is hereby authorized to execute such documents and take such
actions as may be necessary to accomplish the provisions of this ordinance, all of which
shall be on form approved by the County Attorney.
3. That this ordinance shall be effective on and from the date of its adoption, and
a certified copy of this ordinance shall be recorded in the Clerk's Office of the Circuit Court
of Roanoke County, Virginia, in accordance with §15.2-2272.2 of the Code of Virginia
(1950, as amended).
On motion of Supervisor Minnix to adopt the ordinance, and carried by the following
recorded vote:
AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
NAYS: None
A COPY TESTE:
Mary H. Allen, CMC
Clerk to the Board of Supervisors
cc: File
Arnold Covey, Director, Engineering & Inspections
Vickie Huffman, Assistant County Attorney
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ROANOKE COUNTY VACATING OF 50' RIGHT OF WAY KNOWN AS
ENGINEERING & CHAMP DRIVE AND RETAINING A 50' DEDICATED
INSPECTIONS DEPARTMENT DRAINAGE EASEMENT
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
ON FEBRUARY 10, 1998
RESOLUTION 021098-15 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 McNamara, Minnix, Harrison, Nickens, Johnson
NAYS: None
A COPY TESTE:
9/.
Mary H. Allen, CMC
Clerk to the Board of Supervisors
cc: File
Executive Session