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
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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
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'
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
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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, 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
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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, 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
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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, 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
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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 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
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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