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HomeMy WebLinkAbout10/13/1998 - Adopted Board RecordsA-10'1 398-1 ACTION NO. ITEM NO. 4 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: October 13, 1998 AGENDA ITEM: Appropriation of $22,790 to the Commonwealth of Virginia, Department of Environmental Quality, for final cost share payment for Matthews Electroplating SuperFund remediation project COUNTY ADMINISTRATOR'S COMMENTS: Recommend approval SUMMARY OF INFORMATION: This appropriation closes out a SuperFund remediation project at the Matthews Electroplating site that occurred in Roanoke County in the early 1980s. The Matthews Electroplating facility released and discharged heavy metals (chromium) into the groundwater. The Environmental Protection Agency (EPA) determined that the remedy for this environmental problem was to supply public water to this portion of the County with contaminated wells. At the County's request this remediation was expanded to better serve the County's long range plans for public water service in the western portion of the County. EPA has finally completed its financial reconciliation of this remedial action, and has determined that a balance of $22,790 remains to be paid. The attached correspondence from the Department of Environmental Quality (DEQ) summarizes the history of this project. Also attached are copies of a letter dated November 29, 1983, from the County to EPA, DEQ and the Corps of Engineers committing the County to paying for the costs of engineering and construction associated with enlarging the proposed water system extension to this area, and of a May 10, 1984, letter from the County to DEQ confirming that the County has allocated $300,000 for its share of the costs of this project. Finance Department has reviewed County payment records, and has determined that the County has paid $200,000 to the Commonwealth of Virginia for this project. FISCAL IMPACTS: Appropriation of $22,790 from the Board's contingency fund. 1 4=- 1 STAFF RECOMMENDATION: It is recommended that the Board appropriate $22,790 to DEQ to complete the financial reconciliation for this project. Respectfully submitted, 1 1 Paul M. Mahoney County Attorney ------------------------------------------------------------------------------------------------------------------ ACTION VOTE No Yes Abs Approved (x) Motion by: Fenton F. Harrison to approve Johnson _ x Denied () $22,790 appropriation from Board Harrison _ x Received () Contingency Fund McNamara_ x Referred () Minnix _ x _ To () Nickens _ x _ cc: File Paul M. Mahoney, County Attorney Diane D. Hyatt, Director, Finance 2 O� FtOANp�� y ,A sem.. ' 'A of � 1838 BOARD OF SUPERVISORS November 29, 1983 Mr. Eric Johnson U. S. Environmental Protection Agency Region III 6th and Walnut Streets Philadelphia, Pennsylvania 19106 Mr. Hans J. Mueller, P. E. Director Bureau of Solid Waste Management 109 Governor Street Richmond, Virginia 23219 Mr. R. W. Kelley, P. E. Chief, Special Projects Office Engineering Division Omaha District Corps of Engineers 6014 U. S. Post Office and Courthouse Omaha, Nebraska 68102 Re: Gentlemen: MAY W. JOHNSON, CHAIRMAN CAVE SPRING MAGISTERIAL DISTRICT HARRY C. NICKENS. VICE CHAIRMAN VINTON MAGISTERIAL DISTRICT ATHENA E. BURTcN WINDSOR HILLS MAGISTERIAL OISTR:CT GARY J. MINTER HOLLINS MAGISTERIAL DISTRICT ROBERT E. MYERS CATAWBA MAGISTERIAL DISTRICT DONALD R. FLANDERS COUNTY ADMINISTRATOR Matthews Electroplating Site - Water Line As you are aware, Roanoke County has been considering the possibility of increasing the line size and capacity of the proposed water system extension to the Matthews Electroplating area. This increase would provide for the future anticipated water demand in the area. The County feels that it is in the best interest of the citizens of Roanoke County, economically and socially, to plan for future demands in this area. With this proposal, Roanoke County understands that additional engineering and construction costs will be associated with the enlargement of the project and tnat we will be required to fund the costs associated with such a change. We wish to assure you that it is our intention to pay for the engineering and construction costs assoc.sted with the enlargement, along with the 10% local match previously provided by Roanoke County. Mr. Eric Johnson Mr. Hans J. Mueller Mr. R. W. Kelley Page 2 November 29, 1983 The Roanoke County Board of Supervisors wishes to express their appreciation for the cooperation that your offices have shown in helping us provide the citizens of Roanoke County the most economical solution to the problems facing all of us. We thank you for all your efforts. Sincerely, 141ay i+�. n, Chairman Roanoke County Board of Supervisors Donald R. Flan ers County Administrator JRH: wr May 10, 1984 Mr. Berry Wright, Director Division of Hazardous.'Wastes State Health Department 109 Governor Street Richmond, Virginia 23219 Dear Mr. Wright: DONALD R. FLANDERS COUNTY AOMINISTRATOR Re: Matthews Electroplating EPA Superfund Roanoke County This letter is to confirm that the County of Roanoke has allocated and assigned capital funds in the amount of $300,000 for the County's share of the cost of the above referenced project; the County's share being the 10 percent local share of the project plus the additional estimated costs for enlarging the line sizes. I hope this certification will JRH:wr be beneficial. Sin e ely, I Donald R. Flanders County Administrator /M. Chambliss, Jr. Superintendent of Fiscal Management P. O. BOX 3600 • ROANOKE. VIRGINIA 24015 • (703) 772-2004 OCT, -•0',' 98 (WED) 16:03 DEQ TEL: 8046984234 P. 002 COMMONWEALTH of VIRGINIA James S. Gilmore, III DEPARTMENT OF ENWRONMEN 7Ai. QUALITY Governor Street address: 629 East Main Street, Richmond, Virginia 23219 Mading address; P.O. Box I OWJ Richmond, Virginia 23240 John Poul Woodley. Jr. Pax (804) 698-4500 TDD (804) 6984021 Secretary OfN'atnral Resources httpliwwwAN.pUte.va us Mr. Blmor C. Hodge County Admkdsttator Roanoke County P. O. Box 29800 Roanoke, VA 24018 Dear Mr. Hodge: Denis H. Tmeq Mreotor The Department of Environmental Quality Ieceived yourAugust 21, 1997 reply to the Departmernt's May 30, 1997 letter regarding a U.S, Environmental Protection Agency (EPA) (804) 698-1000 1 400-592-5482 request for the final co -,it -share payment for the MElectroplating water supply project. There may be some ca*sion about the history of this aIthewli project since so much time has passed since it was completed, Your August letter referreii to a 1983 resolution which committed Roanoke County to pay the local cost -share for the' project, not to exceed $70,000. Originally, in 19831, the project was esrirnated to cost $700,000. ;The cost -share would have been $70,000. The county forwarded to the state a check for this amount in 1983. In 1985 at the request of the county, theproject was expanded to fit with the county's rm long-tewater serviG.- planning. (See May 1984 bequest and January 1985 contract amendment attached.) The cost of the expanded project was ted to be 51,394,760. The county's share of project costs was estimated to be $222,411, ssthe county agreed to fu11y fund the cost of project expansion, (See 1985 contract amendment, attached.) The county forwarded a second check to the state for 3130,000 in 1985. EPA recently realized that the final bill for �e project was not sent after all project costs were tabulated. The 6iaal local cost share is 5222,790, so $22,790 is stili owed to EPA. (See copy of June 1996 corivspondence attached.) Please review your records again and if you concur with the findings, please send a check, made out to the Treasurer of the Commonwealth of Virginia, to this agency for the requested amount. , An Agency of the Natwal resources Secretariat OCT,-V98(WED) 16;03 DEQ TEL:8046984234 P,003 C-./ Mr, Finer C. Hodge Page Two i If you need any, fiwd ° information regar this mater, please contact Erica Dameron, Office Director, Office of Remediation Programs a (804) 6984201. I sin**, i r Husan Vakili Dirrxtor, Waste Programs Encloum i cc: Katbleen O'Connell John Fly Erica S. Darneron OCT,-01'98(WED) 16:01 DEQ TEL:8046984234 P. 011 RZCONCILIATION ANO TZPJINATION AMENDMENT SUPPWUND STATE CONTRACT XATTREWS BLECTgOpLAT=NG BITE COXHDE?ARTHENT ONWEALTSIOF VIRGINIA !rHE ENVIROWNENTAL OR TION AGrXCF Z"110iGiEW-AL QUALITY yND C-/ The termination of this supe=fund State ("Contract") is effective this Contract by and between t:�he Commonwealth Environmental Quality o VirginiaayDePartnlent pf (++DEQ++) Environmental Px-otection Agency a("EPAH United States of America, Whereas, EPA and DEQ acknowledge that all phases of action, including final inspectionremedial , have been completed at the: Matthews Electroplating Site, satisfactorily and Whereas, the remedial actionithe remedial Agreement has been closed, and j action Interagency Whereas reconciliation regarding thiscontractissumma iizedotal amount expended below: I Estimate (ssc) Final Cost Construction Cost $ 101 State Cost Share Z'?02,610 S 130,261 $ 1,306,402 Reconciliation: I $ 130,640 Amount Paid by DEQ Balance Due to EPA $ 107,650' (final billing) i 22,790 In ReeonciliatlbliSa�dnatiea eTermiEPA nd DEQ have executed this the Commonwealth of Virginia accor'nnyntottheeabove payment from reconciliation and to terminate this Contract, in two (2) each of which shall be deemed an original•copies, ,fl• chae -� M� McCabe �' !'Regional Administrator I Date EPA Region 11, I T omas Hopkins Director Date Virginia Department of Environmental Quality The Commonwea6h lia, also paid $92.1 SO for the j st of incre� the local community's long range. planning Foals (See Appendix Bpof SSC), �g the aiZC ot'thc �vatet line to meet A-101398-2 ACTION NO. ITEM NO. E— " AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: October 13, 1998 AGENDA ITEM: Approval and authorization of the execution of the Consent Decree with the United States of America on behalf of the Environmental Protection Agency pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act in connection with the Palmerton Zinc Pile Superfund Site. CnUNTY ADMINISTRATOR'S COMMENTS: Please understand that this is not the Dixie Caverns Superfund site. This is an issue pertaining to another Superf ind site. We became part of that site when Horsehead Industries shipped materials from Dixie Caverns to Palmerton and it was found to be in violation. All costs will be paid by Horsehead Industries. Recommend approval. UMMARY OF INFORMATION: The Environmental Protection Agency (EPA) has notified the County of its qualification for a de minimi s settlement pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act ("CERCLA" or "Superfund") in connection with the Palmerton Zinc Pile Superfund Site ("Site"), located in Palmerton, Carbon County, Pennsylvania. The allocated share for the County and Roanoke Electric Steel is $12,100.20 or 0.2428% of the total cost of $4,984,000. EPA has advised the County that it is eligible for this de minimis settlement, and that it is prepared at this time to finalize the Consent Decree. If the County wishes to participate in this settlement, it must sign and date this Consent Decree by early October. The County and Roanoke Electric Steel arranged for the transportation of materials from Dixie Caverns to other sites in Illinois and Tennessee owned and operated by Horsehead Industries, Inc. and Horsehead Resource Development Company, Inc. ("Horsehead"). Materials transported by us to Horsehead's other facilities were subsequently transported to this Site. The materials transported to the Site contained hazardous substances. The settling parties do not admit any facts or liability arising out of the transactions or occurrences alleged in the complaint or Consent Decree; the Consent Decree will not be construed to create any liability for the settling parties; and it will not be construed to limit the settling parties' ability to raise any defenses with respect to liability for and future arrangements. The United States and the settling parties agree that settlement without further litigation and without admission or 1 e-- a FISCAL RAPACTS: The County has received assurances from Horsehead that the County's and Roanoke Electric Steel's allocation will be paid by Horsehead. Horsehead has established an escrow fund to pay all of these allocations. STAFF RECOMMENDATION: It is recommended that the Board approve and authorize the County Administrator to execute the Consent Decree with the United States of America on behalf of the Environmental Protection Agency pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act in connection with the Palmerton Zinc Pile Superfund Site. Respectfully submitted, Paul M. Mahoney County Attorney 2 ACTION VOTE No Yes Abs Approved (x) Motion by: Fenton F Harrison to approve Johnson _ x Denied () execution of Consent Decree Harrison — x Received () McNamara_ x _ Referred () Minnix _ x To () Nickens _ x cc: File Paul M. Mahoney, County Attorney 2 110 East 59th Street New York, NY 10022 (212) 527-3003 September 21, 1998 County of Roanoke & Roanoke Electric Steel Co. PO Box 29800 Roanoke, VA 24018 Attention: President Dear Sir or Madam: Iall Ommm- I am pleased to be writing to you regarding the finalization of the Palmerton Site de minimis settlement for the benefit of all Horsehead Resource Development Company, Inc. ("HRD") recycling customers. U.S. EPA has informed us that they have mailed to your company a final de minimis Consent Decree. This final Consent Decree gives you the contribution protection and covenant not to sue assurances of the U.S. government. HRD has worked closely with EPA on this de minimis settlement and believes our customers should take advantage of it. As you know, HRD is paying the settlement amount as set forth in the Consent Decree on behalf of all of our customers, and the escrowed funds remain in place to accomplish this.. As we advised you in previous correspondence, HRD's indemnification does not cover the costs of any attorneys you may have elected to have participate in this settlement process. You will, of course, want to review the final Consent Decree carefully and I encourage you to contact us with any questions you may have. Most importantly, you should keep the following points in mind as you review the decree: Please do not send paymnen_ to the goy':;-n-ment when. you sign the decree, as I --RD is paying the settlement amount. In addition, the settlement amount is not actually due until after entry of the Consent Decree with the court (see Section VI., paragraph 15). HRD will send you notice when entry occurs and confirmation that payment has been made. Paragraph 20 of the Consent Decree provides for your certification as to the volume of materials you sent to HRD's facilities. Please note that, as explained in Paragraph 23 of the Consent Decree, your "certification is that the volume you sent to HRD is within 5,000 tons or 10% (whichever is greater) of the amount shown for your company in Appendix A of the Consent Decree. In other words, you are not attesting to an exact amount, but to a reasonably broad range. DEVELOPMENT �. I' �T CO, i1'. �.a 110 East 59th Street New York, NY 10022 (212) 527-3003 September 21, 1998 County of Roanoke & Roanoke Electric Steel Co. PO Box 29800 Roanoke, VA 24018 Attention: President Dear Sir or Madam: Iall Ommm- I am pleased to be writing to you regarding the finalization of the Palmerton Site de minimis settlement for the benefit of all Horsehead Resource Development Company, Inc. ("HRD") recycling customers. U.S. EPA has informed us that they have mailed to your company a final de minimis Consent Decree. This final Consent Decree gives you the contribution protection and covenant not to sue assurances of the U.S. government. HRD has worked closely with EPA on this de minimis settlement and believes our customers should take advantage of it. As you know, HRD is paying the settlement amount as set forth in the Consent Decree on behalf of all of our customers, and the escrowed funds remain in place to accomplish this.. As we advised you in previous correspondence, HRD's indemnification does not cover the costs of any attorneys you may have elected to have participate in this settlement process. You will, of course, want to review the final Consent Decree carefully and I encourage you to contact us with any questions you may have. Most importantly, you should keep the following points in mind as you review the decree: Please do not send paymnen_ to the goy':;-n-ment when. you sign the decree, as I --RD is paying the settlement amount. In addition, the settlement amount is not actually due until after entry of the Consent Decree with the court (see Section VI., paragraph 15). HRD will send you notice when entry occurs and confirmation that payment has been made. Paragraph 20 of the Consent Decree provides for your certification as to the volume of materials you sent to HRD's facilities. Please note that, as explained in Paragraph 23 of the Consent Decree, your "certification is that the volume you sent to HRD is within 5,000 tons or 10% (whichever is greater) of the amount shown for your company in Appendix A of the Consent Decree. In other words, you are not attesting to an exact amount, but to a reasonably broad range. September 21, 1998 Page 2 HRD believes that U.S. EPA's rapid and effective actions in this settlement are a testament to its support of recycling and HRD's operations. HRD looks forward to continuing its ongoing commitment to superior environmental services for our clients and to the conservation of our natural resources. I would like to thank you for your cooperation throughout this important process. As always, please do not hesitate to call us at 212-527-3003 if you have any questions. Sincerely, William M. Quirk President & CEO WMQ: ch AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, OCTOBER 13, 1998 RESOLUTION 101398-3 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 October 13, 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 6, inclusive, as follows: Approval of Minutes for August 18, 1998. 2. Confirmation of committee appointment to the Grievance Panel. 3. Resolution requesting the acceptance of new portions of Old Cave Spring Road, Crystal Creek Drive, Pleasant Hill Drive to the Virginia Department of Transportation Secondary System; and abandonment of those portions of the above roads and Route 221 (Brambleton Avenue, Bent Mountain Road) which no longer serve public need. 4. Resolution requesting the acceptance of new portions of Valley Forge Avenue, Concord Place, Bunker Hill Drive, Valley Forge Circle to the Virginia Department of Transportation Secondary System, and abandonment of those portions of the above roads which no longer serve public need. 5. Resolution requesting the acceptance of new portions of West River Road and Dry Hollow Road to the Virginia Department of Transportation Secondary System, and abandonment of those portions of the above roads which no longer serve public need. 1 6. Resolution requesting the acceptance of Starlight Lane to the Virginia Department of Transportation Secondary System and abandonment of those portions of the above road which no longer serves public need. 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 the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None A COPY TESTE: Mary H. Allen, CMC/AAE Clerk to the Board of Supervisors cc: File Arnold Covey, Director, Engineering & Inspections K A -101398-3.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: October 13, 1998 SUBJECT: Confirmation of appointment to the Grievance Panel COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The following nomination has been made and should now be confirmed. J. GRIEVANCE PANEL Supervisor Nickens nominated R. Vincent Reynolds to a three year term which will expire September 10, 2001. STAFF RECOMMENDATION: It is recommended that the above appointment be confirmed by the Board of Supervisors. SUBMITTED BY: APPROVED BY: Mary H. Allen, CMC/AAE Elmer C. Hodge Clerk to the Board County Administrator ------------------------------------------------------------------------------------------------------------------ ACTION VOTE No Yes Abs Approved (x) Motion by: H. Odell Minnix to approve Johnson x Denied () _ Harrison _ x Received ( ) _ McNamara_ _ x Referred ( ) Minnix _ x To () _ Nickens _ x cc: File Grievance Panel File AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, OCTOBER 13, 1998 RESOLUTION 101398-3.1b TO REQUEST THAT THE VIRGINIA DEPARTMENT OF TRANSPORTATION ADD INTO THE SECONDARY SYSTEM OF STATE HIGHWAYS NEW PORTIONS OF EXISTING ROUTE 1663 (OLD CAVE SPRING ROAD), ROUTE 897 (CRYSTAL CREEK DRIVE) AND ROUTE 1548 (PLEASANT HILL DRIVE)AND ABANDON THOSE PORTIONS OF ROUTE 1663 (OLD CAVE SPRING ROAD), ROUTE 1548 (PLEASANT HILL DRIVE) AND ROUTE 897 (CRYSTAL CREEK DRIVE) AND ROUTE 221 (BRAMBLETON AVENUE, BENT MOUNTAIN ROAD) WHICH NO LONGER SERVE THE PUBLIC NEED. WHEREAS, Route 221, from 0.139 miles south of Route 419 to 1.860 miles south of Route 419, a distance of 1.721 miles, has been altered and a new road has been constructed under Project 0221-080-107, C-501, and WHEREAS, the Virginia Department of Transportation has provided the Board with a project sketch dated August 25, 1994, depicting the additions and abandonments required in the primary and secondary system of state highways as a result of this project, which sketch is attached hereto and hereby incorporated herein by reference, and WHEREAS, the new road serves the same citizens as those portions of old road identified by the project sketch to be abandoned and those segments no longer serve a public need, and NOW, THEREFORE, BE IT RESOLVED, that this Board requests the Virginia Department of Transportation to add Sections #6, 13, 24, and 26, shown shaded on the project sketch, to the secondary system of state highways, pursuant to §33.1-229 of the Code of Virginia; and BE IT FURTHER RESOLVED, this Board hereby abandons Sections #5, 12, 23 and 25, shown cross -hatched on the project sketch, as part of the secondary system of state highways, pursuant to §33.1-155, Code of Virginia; and BE IT FURTHER RESOLVED, that this Board hereby concurs in the abandonment of Sections #1, 2, 3 and 4, shown stippled on the project sketch, as part of the primary system of state highways, by resolution of the Commonwealth Transportation Board, pursuant to §33.1-148, Code of Virginia, and BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. Recorded Vote Moved By: Supervisor Minnix Seconded By: None Required Yeas: Supervisors McNamara, Minnix, Harrison, Nickens. Johnson Nays: None Absent: None A Copy Teste: Mary H. Allen, CMC/AAE Clerk to the Board of Supervisors cc: File Arnold Covey, Director, Engineering & Inspections Virginia Department of Transportation 2 ,a INSER I 07 STA.Iro•Z5 . \ T. .05M. 0 NN. R%. 613 I �— 5TA. 11 + 75 �TAfo13 EXIST. RTE. 1546 STA. II�00 SEC— S T. 10 I A. I IO t 80 \ d•O'7AC!• — - _ _ _ _ — _ _ E115T. M 1663 \ 0. dl M T. 5 f. �_ TA. N4 � Q O.O?Aiti TA, MCI.) 7 i MAW UNE MAIN LINE Q.10 All. ' ELT. b T. 7 16YO - ' 0.ld rdl. 0.0514!. ,F 0.04 nf! TA. Obi - TA. 107, 50 EXIST. RTE, 11663 MAIN LIFE T . 15+ ZS I RTF -.154B 1 IsaB Fm—ERT 3 SrA. ,b - RTE. 59� r. Z4-\ , a J H _ •� RTE. 99-14 �— 1, E D•o7�cr. cr 2� �a.o�ryu 7 CR.EEk r 'i i•�y� MA IN LINE 5ECT.Z7 zzI o.oy yet. 5rA.I73+10 \ 1 MAN LINE MAIN LINE I CT 4 -5E 5ECT. 3 cao•u } �, ; 0.09 ntf• BASE MAP L5EE Virginia Department of Transportation ' F1111 please give breakdown of mileage and pavement types for all sections of the complete project, submit Form T&S-5 Engineering Division for entire project. P I August 25, 1994 A,4 •ans ", i,',, Z ��) 'iS 3�n1�� 7.6L�Oil 1'7 •9t+QE1 1'0' � I �I � i 11 I .7 I H �Q r-- �� � �� � •a,Hd 'n3?1 'i3� 14'011+s11 '1'0 30 i IZ \ ,a cV W i 11 i14 �L; I •coal`/•�/�J' P = _ ;; l �� � ��esn' r •� N ai 6 �\ d C W r! `u � o ELL t� 0 tn C — p N ca N t5 O a) CD > ., n Ehrma) (D cn EACL c a' > o IZ R U O z ° o C o G Q7 i, M � C u 6 C7 c... cd �j '� QQ td V � •� C/� V7 p 0 0 1 C a o c x a u co O >' C ° B r o •v C �Q o 0 F• 0 t/1 0 C C O o 0 0° a o O O O O O O O a id �i lu o u •a C/1 U3 cn V/ cn V) Vi U cii M ", i,',, Z ��) 'iS 3�n1�� 7.6L�Oil 1'7 •9t+QE1 1'0' � I �I � i 11 I .7 I H �Q r-- �� � �� � •a,Hd 'n3?1 'i3� 14'011+s11 '1'0 30 i IZ \ ,a cV W i 11 i14 �L; I •coal`/•�/�J' P = _ ;; l �� � ��esn' r •� N ai 6 �\ d C W r! `u � o ELL t� 0 tn C — p N ca N t5 O a) CD > ., n Ehrma) (D cn EACL c a' > o IZ R U O AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, OCTOBER 13, 1998 RESOLUTION 101398-3.c TO REQUEST THAT THE VIRGINIA DEPARTMENT OF TRANSPORTATION ADD INTO THE SECONDARY SYSTEM OF STATE HIGHWAYS NEW PORTIONS OF ROUTE 1520 (VALLEY FORGE AVENUE) AND ROUTE 1602 (CONCORD PLACE, BUNKER HILL DRIVE, VALLEY FORGE CIRCLE) AND ABANDON THOSE PORTIONS OF ROUTE 1520 (VALLEY FORGE AVENUE) AND ROUTE 1602 (CONCORD PLACE, BUNKER HILL DRIVE, VALLEY FORGE CIRCLE) WHICH NO LONGER SERVE THE PUBLIC NEED. WHEREAS, Route 1602, from the intersection of Route 221 to 0.035 miles west of Route 682, a distance of 0.133 miles, has been altered by the Virginia Department of Transportation and a new road has been constructed under Project 1602-080-248, and WHEREAS, the Virginia Department of Transportation has provided the Board with a project sketch dated October 31, 1994, revised dated March 21, 1995, attached hereto and incorporated herein by reference depicting the additions and abandonments required in the secondary system of state highways as a result of this project; and WHEREAS, the new road serves the same citizens as those portions of old road identified in the project sketch to be abandoned, and those segments no longer serve a public need, and NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, requests the Virginia Department of Transportation to add Sections #4, 5, 7, 8 and 10, shown shaded on the project sketch, to the secondary system of state highways, pursuant to §33.1-229 of the Code of Virginia, and BE IT FURTHER RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, hereby abandons Sections #1, 2, 3, 6, and 9, shown cross -hatched on the project sketch, as part of the secondary system of state highways, pursuant to §33.1-155 of the Code of Virginia, and BE IT FINALLY RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. Recorded Vote Moved By: Supervisor Minnix Seconded By: None Required Yeas: Supervisors McNamara, Minnix. Harrison Nickens, Johnson Nays: None Absent: None A Copy Teste: Mary H. Allen, CMC/AAE Clerk to the Board of Supervisors cc: File Arnold Covey, Director, Engineering & Inspections Virginia Department of Transportation Z5 n J CO q17N i D cc c= N 0 c .y ,r U) tt'1 U � vii c�Ca cmc o 0 'Q L `• _ —��T►' —. ��--'�\ � � � a, r+ ami a� y � O �o �' 0 0 o e'3 •b O p cn can' �n cn U to LU v 0 0 OdL °w C' � � o a,Hd 'Ks qi 4 6 0 0 VEw o, 0 o Cco� � U � •�NN� w _ � ° cc L. 'o 4) L 3 �° .o a a� M a v «. CL o mE (nski L ~ co CD m o t° z�01 r AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, OCTOBER 13, 1998 RESOLUTION 101398-3.d TO REQUEST THAT THE VIRGINIA DEPARTMENT OF TRANSPORTATION ADD INTO THE SECONDARY SYSTEM OF STATE HIGHWAYS NEW PORTIONS OF EXISTING ROUTE 639 (WEST RIVER ROAD) AND ROUTE 649 (DRY HOLLOW ROAD) AND ABANDON THOSE PORTIONS OF ROUTE 639 (WEST RIVER ROAD) AND ROUTE 649 (DRY HOLLOW ROAD) WHICH NO LONGER SERVE THE PUBLIC NEED. WHEREAS, Route 639, from 0.303 miles east of intersection of Route 11 and Route 460 to 0.049 miles east of Route 649, a distance of 0.376 miles, has been altered by the Virginia Department of Transportation and a new road has been constructed under Project 0639-080-201, C-501, and WHEREAS, the Virginia Department of Transportation has provided the Board with a project sketch dated December 29, 1994, attached and incorporated herein as a part of this resolution, which defines additions and abandonments required in the secondary system of state highways as a result of this project, and WHEREAS, the new road serves the same citizens as served by those portions of old road identified in the project sketch to be abandoned, which portions no longer serve a public need, and NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, requests the Virginia Department of Transportation to add Sections #4, 5, 6, and 7, shown shaded on the project sketch, including new structure #6054, to the secondary system of state highways, pursuant to §33.1-229 of the Code of Virginia, and BE IT FURTHER RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, hereby abandons Sections #1, 2, and 3, shown cross -hatched on the project sketch, including old structure #6054, which no longer serves the public need, from the secondary system of state highways, pursuant to §33.1-155 of the Code of Virginia, and BE IT FINALLY RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, orders that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. Recorded Vote Moved By: Supervisor Minnix Seconded By: None Required Yeas: Supervisors McNamara, Minnix Harrison, Nickens, Johnson Nays: None Absent: None A Copy Teste: Mary H. Allen, CMC/AAE Clerk to the Board of Supervisors cc: File Arnold Covey, Director, Engineering & Inspections Virginia Department of Transportation a. 0 WON ;5 ♦i CJ C: 0 alvl .r mij b � � �i u _ N V3 m oa • a .a° = a a-9 c4 ;5 ♦i CJ C: 0 alvl .r mij Q�o v z15 �Q C O O U � C C M ca o 0 E z -e � o N � Gil cII _O m c m E o � h N Y. o c � � a o al E un cn v U N oil cc O }� c CL- m CL cc0 o ti —T—r5 b � � u _ • a .a° = E V d y •� UO R V p u p � r m U o o of 02 o _ Q1 J YV R R C ^ n CRJ Y W o o O O rn ?; cis VI Zo 0 0 0 ?� •rs° o 9 '• C C C 'd o a�. rn CA cn vii U to Y v M w On mId Q�o v z15 �Q C O O U � C C M ca o 0 E z -e � o N � Gil cII _O m c m E o � h N Y. o c � � a o al E un cn v U N oil cc O }� c CL- m CL cc0 o ti —T—r5 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, OCTOBER 13, 1998 RESOLUTION 101398-3.e TO REQUEST THAT THE VIRGINIA DEPARTMENT OF TRANSPORTATION ADD INTO THE SECONDARY SYSTEM OF STATE HIGHWAYS NEW PORTIONS OF EXISTING ROUTE 615 (STARLIGHT LANE) AND ABANDON THOSE PORTIONS OF ROUTE 615 WHICH NO LONGER SERVE THE PUBLIC NEED. WHEREAS, Route 615, from 0.90 miles south of Route 613 to 1.00 miles south of Route 613, has been altered by the Virginia Department of Transportation and a new road has been constructed under Project 0615-080-230, M-501, B-671, and WHEREAS, the Virginia Department of Transportation has provided the Board with a project sketch dated October 12, 1994, depicting the additions and abandonments required in the secondary system of state highways as a result of this project, which sketch is attached hereto and is hereby incorporated herein by reference, and WHEREAS, the new road serves the same citizens as those portions of old road identified by the sketch to be abandoned and those segments no longer serve a public need, and NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, requests the Virginia Department of Transportation to add Sections #3 and #4, shown shaded on the project sketch, including new structure #6021, to the secondary system of state highways, pursuant to §33.1-229 of the Code of Virginia, and BE IT FURTHER RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, hereby abandons Sections #1 and #2, shown cross -hatched on the project sketch, including old structure #6021, as part of the secondary system of state highways, pursuant to §33.1-155 of the Code of Virginia, and BE IT FINALLY RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. Recorded Vote Moved By: Supervisor Minnix Seconded By: None Required Yeas: Supervisors McNamara Minnix Harrison, Nickens, Johnson Nays: None Absent: None A Copy Teste: Mary H. AI en, CMC/AAE Clerk to the Board of Supervisors cc: File Arnold Covey, Director, Engineering & Inspections Virginia Department of Transportation d tm CU o E T U � E"'� O � V O C O 3 p p ❑. O N CL (6 T -` ++ p O O N Etn E O U ch m m u� F - v, CL m a� n. m o ti 2 0 > c- CD E U tL -0 0m •�r 5 *_ 1 `V\ d tm CU o E T U � E"'� O � V O C O 3 p p ❑. O N CL (6 T -` ++ p O O N Etn E O U ch m m u� F - v, CL m a� n. m o ti 2 0 > c- CD E U tL -0 0m •�r 5 .0 � �CO U rn N • W Z7 O O O O T a C C O C U i N Cc O _O Chi O C U R E C) N CO d C C a O O rA cn C]O C C/1 C o O O O p C � C o •�° •n •b o S •a Y1 a UU U U O to rn 60 V) U u r d tm CU o E T U � E"'� O � V O C O 3 p p ❑. O N CL (6 T -` ++ p O O N Etn E O U ch m m u� F - v, CL m a� n. m o ti 2 0 > c- CD E U tL -0 0m •�r 5 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON OCTOBER 13, 1998 RESOLUTION 101398-4 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: xv/- Mary H. Allen, CMC/AAE 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, TUESDAY, OCTOBER 13, 1998 ORDINANCE 101398-5 TO CHANGE THE ZONING CLASSIFICATION OF A 20 -ACRE TRACT OF REAL ESTATE LOCATED IN THE VICINITY OF BRAMBLETON AVENUE (ROUTE 221) AND ELECTRIC ROAD (ROUTE 419) IN THE CAVE SPRING MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF R-1, R-2, AND C-2 CONDITIONAL TO THE ZONING CLASSIFICATION OF C-1 AND C-2 UPON APPLICATION OF ROANOKE COUNTY BOARD OF SUPERVISORS WHEREAS, by Resolution 071498-6 the Board of Supervisors initiated this amendment to the zoning classification and zoning maps for this real estate; and, WHEREAS, public necessity, convenience, general welfare and good zoning practice require this amendment to the zoning ordinance and district maps to accomplish these goals, and more particularly the change in zoning classification of certain real estate to the zoning classification of C-2 General Commercial District; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on August 4, 1998, and held another meeting on August 17, 1998, heard from interested citizens, and recommended its approval of this rezoning; and WHEREAS, the first reading of this ordinance was held on July 28, 1998, and the second reading and public hearing were held August 18, 1998; and, and WHEREAS, legal notice and advertisement has been provided as required by law; WHEREAS, this ordinance was denied on August 18, 1998; and WHEREAS, the denial of this ordinance was reconsidered and said ordinance was adopted by the Board of Supervisors on September 8, 1998; and WHEREAS, the Board of Supervisors held another public hearing, after due legal notice and advertisement as required by law, on October 13, 1998, and adopted this ordinance. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the zoning classification of a certain tract of real estate containing 20 acres, as described by tax map numbers herein, and located in the vicinity of Brambleton Avenue (Route 221) and Electric Road (Route 419) in the Cave Spring Magisterial District, is hereby changed from the zoning classifications of R-1, Low Density Residential District; R-2, Medium Density Residential District; and C-2, General Commercial District, Conditional, to the zoning classification of C-1, Office District, and C-2, General Commercial District. 2. That this action is taken upon the application of the Roanoke County Board of Supervisors. 3. (A) That the zoning classification of the real estate described by tax map number in Table 1 is changed to the zoning classification of C-1, Office District as follows: TArm F 1 - C-1 - OFFICE DISTRICT Part of 77.13-5-12 Part of 77.13-5-61 77.13-5-57 77.13-5-54 77.13-5-56 77.13-5-55 77.13-5-53 77.13-5-52 77.13-5-58 (B) That the zoning classification of the real estate described by tax map number in Table 2 is changed to the zoning classification of C-2, General Commercial District as follows: 2 TABLE 2 - C-2 - GENERAL COMMERCIAL DISTRICT 77.13-5-31 77.13-5-30 77.13-5-35 Part of 77.13-5-37 77.13-5-39 77.13-5-38 Part of 77.13-5-40 77.13-5-43.1 77.13-5-47 77.13-5-48 77.13-5-49 77.13-5-60 77.13-5-51 77.13-5-50 77.13-5-43.2 77.13-5-58.1 77.13-5-62 77.13-5-59 Part of 77.13-5-61 4. That this ordinance shall be in full force and effect thirty (30) days after (1) Home Depot becomes the fee simple owner of the real estate described in Paragraph 3 (B), Table 2 of this ordinance and (ii) Home Depot subsequently agrees in writing to the following conditions pertaining to the design and use of the site: (A) Westmoreland Drive shall be realigned and redesigned to provide for certain traffic control measures that will prevent commercial traffic from entering the residential neighborhood adjoining the real estate identified in Table 2. (B) The intersection of the realigned Westmoreland Drive and Brambleton Avenue shall be located to create a four-way intersection between Westmoreland Drive and the private drive serving Cave Spring Corner Shopping Center. (C) A 20 -foot wide buffer strip shall be located on the Home Depot property along the common property lines with Tax Parcels 77.13-5- 3 53, 54, 55, and 56. A six-foot stockade fence shall be installed within this buffer. A private access drive serving the above -referenced parcels shall be allowed to be constructed within the buffer. (D) Final site plan for the Home Depot site shall designate a "truck waiting area" located in front of the building. All trucks shall remain within the "truck waiting area" between the hours of 10 p.m. and 6 (E) Sound from any speaker located on the exterior of the building or within the Garden Center shall not exceed 65 Dba at any residential property line. (F) No parking lot pole lighting shall exceed 22 feet above grade. (G) No off -premises advertising signs shall be allowed on the property. (H) The maximum height of any free standing sign installed on the property shall be measured from the base elevation of the abuttirig road grade meafest the sign Route 419. (1) All retaining walls constructed on the property shall be constructed of split -faced architectural block. (J) The property shall be developed in general conformance with the conceptual site plan entitled "The Home Depot South Roanoke, Virginia, VA -71 e" dated 3/20/98, revised through 8/14/98. (K) The developer shall prepare and the Virginia Department of Transportation shall accept a traffic impact study of the proposed use 4 prior to the approval of final site plans for the project. 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. 5. That it is hereby declared to be the intention of the Board of Supervisors that the provisions of this ordinance are not severable, and if any portion or provision of this ordinance shall be declared unconstitutional or invalid by a valid judgement or decree of a court of competent jurisdiction, this ordinance shall be null and void in its entirety. On motion of Supervisor Nickens to adopt the ordinance with paragraph H amended by Supervisor McNamara, and carried by the following recorded vote: AYES: Supervisors Harrison, Nickens, Johnson NAYS: Supervisors McNamara, Minnix A COPY TESTE: Mary H. Allen, CMC/AAE Clerk to the Board of Supervisors cc: File Arnold Covey, Director, Community Development Terry Harrington, County Planner John W. Birckhead, Director, Real Estate Assessment Paul M. Mahoney, County Attorney Timothy W. Gubala, Director, Economic Development 0 VWANIT! UAP ao sua 1� v x .r.ua a u m1ARm � tar S'Y,w� LL n,w►n w m prn-�.a L L �mvl,lr OL aa4N10: �. a•,x�wOmatR QLL mRaM !/�s fit °'" nea•Kre,�'x• „a° 4 NOR TIS +lar, H� ur � yrt �y a urr •� Vrl H'�"n ��l �y •O�,r ��i.. �Fk��. / ilk O� ��. Ham: �•Pi G.�h'';i� VA, ROUTE 479 (ELECMIC ROAD) ROANOKE COUNTY ROANOKE COUNTY BOARL OF SUPERVISORS DEPARTMENT OF PROP(�S�'� REZON�_NG FROMCOMMUNITY DEVELOPMENT AffD C -2c TO C-2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, ON TUESDAY, OCTOBER 13, 1998 ORDINANCE 101398-6 APPROVING THE EXERCISE OF AN OPTION TO PURCHASE AGREEMENT WITH KENNETH A. KEENEY AND CATHERINE L. KEENEY FOR 0.254 ACRE, MORE OR LESS, (BEING IDENTIFIED AS COUNTY TAX MAP PARCEL 77.13-5-31) WHEREAS, by Resolution 071498-7, the Board of Supervisors of Roanoke County approved the Option to Purchase Agreement dated July 14, 1998, with Kenneth A. Keeney and Catherine L. Keeney for an option to purchase 0.254 acre, more or less, being further shown on the Roanoke County land records as Tax Map Number 77.13-5-31 ("the Property"); and, WHEREAS, under the terms of said agreement, the purchase price for the Property is $125,000, and the option must be exercised on or before January 9, 1999; and, WHEREAS, the agreement provides for settlement within 60 days from the date of notice of exercise of the Option by the Board of Supervisors; and WHEREAS, the property is necessary for the construction of the proposed Home Depot commercial development project, and the funds are available in the Economic Development Public/Private Partnership account; and WHEREAS, Section 18.04 of the Roanoke County Charter directs that the acquisition and conveyance of real estate interests be accomplished by ordinance; the first reading of this ordinance was held on September 22, 1998; the second reading was held on October 13, 1998. THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the County Administrator is hereby authorized to exercise the option to purchase from Kenneth A. Keeney and Catherine L. Keeney following described real estate, to -wit: All that certain tract or parcel of land, together with any improvements thereon, rights incident thereto, and appurtenances thereunto belonging, situate in the Cave Spring Magisterial District of the County of Roanoke, Virginia, containing 0.254 acres, more or less, and more particularly described as follows: Beginning at a point on the south side of Westmoreland Drive, which point of beginning is the common corner to Lots 1 and 4, Section 6 as shown on the map of Mount Vernon Heights, recorded in Plat Book 2, page 67, of the records of the Clerk's Office of the Circuit Court for the County of Roanoke, Virginia; thence leaving Mount Vernon Heights and along and with the west line of Lot 4, S. 10 deg. 03' W. 254.38 feet to a point; thence S. 72 deg. 32' E. 31.65 feet to a point; thence along and with a new division line through Lot 4, N. 15 deg. 48' 51" E. 247.99 feet to a point on the south side of Westmoreland Drive; thence along and with the south side of Westmoreland Drive, N. 68 deg. 11' W. 57.5 feet to the point of Beginning, and being the western portion of Lot 4, Section 6, of said Mount Vernon Heights Subdivision, and designated as New Lot 4-A as shown on plat of survey made by Jack G. Bess, CLS, dated January 3, 1991, recorded in the aforesaid Clerk's Office in Deed Book 1335, page 1524. Said real estate being further shown and designated upon the Roanoke County land records as Tax Map Number 77.13-5-31, and having a street address of 3319 Westmoreland Drive, SW, Roanoke, Virginia. This being all of the same real estate acquired by the Grantor from the Cave Spring First Aid and Rescue Squad, Inc., by deed dated 1/4/91, and recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Deed Book 1335, page 1522. 2. That the County Administrator or Assistant County Administrators are hereby authorized to execute such documents and take such actions on behalf of Roanoke County in this matter as are necessary to accomplish the exercise of the option, all of which shall be approved as to form by the County Attorney. 2 3. That the Board appropriates the sum of $134,000 from the Economic Development Public/Private Partnership account for the acquisition of this real estate and related expense. 4. That this ordinance shall be effective on and from the date of its adoption. 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/AAE Clerk to the Board of Supervisors cc: File Paul M. Mahoney, County Attorney Arnold Covey, Director, Community Development Timothy W. Gubala, Director, Economic Development U:\WPDOCS\AGENDA-8\OCT98\10-13KEE.#06 3