HomeMy WebLinkAbout12/15/1998 - Adopted Board RecordsA-121598-1
ACTION #
ITEM NUMBER E — I
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER
MEETING DATE December 15, 1998
AGENDA ITEM: Request for Funds to Replace Underground Storage Tanks at the Public
Service Center
COUNTY ADMINISTRATOR'S COMMENTS:
To the best of our knowledge, this completes the fuel tank remediation. If by some chance
there are others on property ,,,e own or have purchased, we will need to remove them as well and
will need funding to do so. Recommend approval of Alternative B, removal of the tanks.
BACKGROUND:
On November 25, 1998, the County was notified that three (3) underground fuel storage tanks
(USTs) registered to Roanoke County and located at the Public Service Center on Kessler Mill Road
(KMR) were not in compliance with U.S. Environmental Protection Agency standards that will go
into effect on December 22, 1998.
SUMMARY OF INFORMATION:
There were three USTs at the KMR facility when it was purchased by the County in 1984. Two of
the tanks were removed shortly after the flood of 1985. The third and remaining tank was removed
in November, 1997. DEQ records indicated three tanks at KMR registered to the County in 1985.
Based on this information, County personnel reasoned that the three tanks that were removed were
those registered to the Board of Supervisors and that the County was in compliance.
After the November 25, notification, it was determined that the tanks that DEQ made reference to
were actually the tanks installed in 1986 and currently in use. Steps must now be taken to bring the
site into compliance
1
ALTERNATIVES:
Alternative #A: Retrofit the existing UST systems in accordance with the UST regulations,
utilizing the existing USTs, dispensers, dispenser island, lines and canopy.
UST testing at a cost of $16,000 is required before proceeding with this
option. If the USTs pass required testing then the tanks can be retrofitted at
an estimated cost of $63,000 which includes the $16,000..
Alternative #B: Removal of the USTs and installation of new aboveground storage tank
(AST) system, utilizing the existing dispensers and canopy, with new
dispenser island and pad which are the same size as present. Estimated cost
is $155,900.
(Please see Attachment A for Pros and Cons of Alternatives A and B)
STAFF RECOMMENDATION:
Although Alternative A potentially offers a lower cost short-term solution, there is the immediate
risk that the tanks will not pas;,, required testing and the long-term certainty that the tanks will leak
at some point. At that time V i _-y would not only need to be replaced but additional cleanup costs
could be incurred. Alternativ- B offers a long-terrn solution to the problem and Staff recommends
Alternative B.
With approval of this appropriation request and in compliance with Section 17-14 of the Roanoke
County Procurement Code "Modification of Contracts", the Board of Supervisors authorizes an
amendment to contract number CP98-39 with Earth Tech, Inc. To perform the work.
FISCAL IMPACT:
The estimated cost for Alternative B is $155,900. This assumes that the tanks have not leaked and
that there will be no costs other than for removal and replacement. Recommended source of fiinds
is the Capital Fund Unappropriated Balance.
2
Respectfully submitted,
J.
e. >4 """.'
Don C. Myers
Assistant County Administrator
Approved (x)
Denied ( )
Received ( )
Referred ( )
To ( )
Approved,
ff-'t"'i
4a�-a
Elmer C. Hodge
County Administrator
ACTION
Motion by: Harry C. Nickens to authorize
staff to pursue Alt. C and report results at
1-4-99 meeting, and if Alt. C not accept-
able, authorize Alt.B with funds from year-
end roll-over from Capital Unappropriated
Fund Balance
cc: File
Don C. Myers, Assistant County Administrator
Diane D. Hyatt, Director, Finance
Bill Rand, Director, General Services
T'—
VOTE
No Yes Absent
Johnson _ x
Harrison _ x _
McNamara_ x —
Minnix _ — x
Nickens _ x _
Alternative C: Authorize staff to investigate further testing to verify that tanks can be
retrofitted since tests performed on 12114-98 found that the tanks have been
protected, which makes retrofitting more desirable and less expensive; and to
proceed with Alt. B if the tanks cannot be retrofitted.
3
OPTION A OPTION A
"PROs" "CONs"
• Potential fastest option; however, Ultimate liabilities associated with USTs
subcontractor scheduling unknown. (future potential underground leaks).
Potentially a minimum of 45 days, or
more, before commencing activities.
• Least expensive option. The USTs are already 10 to 15 years old.
Although cathodic protection should prevent
further decay, there is no guarantee against
future failure of USTs.
• No warranty of existing USTs.
• If this option is selected, and the USTs fail
the testing, the cost of approximately $16,000
is incurred, in addition to the costs for Option
R
OPTION B
• Monthly maintenance costs for release
"PROs"
detection via stringent records maintenance
• No UST Liabilities.
(or other more expensive automatic means)
• 30 Year AST Warranty.
required.
• Visual spill containment and safety
• Due to unknown conditions under concrete
devises to prevent spills and overfills of
pad (odd pipe fittings, or unusual/
tanks.
unacceptable construction), costs could
increase substantially.
• High potential for future replacement with
ASTs; therefore cost benefits of retrofit may
be lost.
• If there are no manways in the USTs,
requiring cutting of an access -way in the top
of the UST, it cannot be guaranteed that the
UST will pass a tightness test after a cover
late is welded over the access -way.
OPTION B
OPTION B
"PROs"
"CONs"
• No UST Liabilities.
Slower option.
• 30 Year AST Warranty.
8 to 15 weeks for delivery of new ASTs.
• Visual spill containment and safety
Additional costs may be incurred by the
devises to prevent spills and overfills of
County for their vehicles to be fueled at
tanks.
another location, or for rental of a temporary
fuel tank, during new AST installation
activities.
• Potential delays in installation of new island,
underground lines, and canopy in the event
that significant contamination is encountered
in the former UST pit.
Attachment A
11
A-121598-2
ACTION NO.
ITEM NO.
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: December 15, 1998
AGENDA ITEM: Approval of a Settlement Agreement with Belle Grove Development
Corporation to Resolve Off -Site Drainage Issues and Pending Litigation
Pertaining to Belle Grove Subdivision and the Property of Nyna S. Murray.
COUNTY ADMINISTRATOR'S COMMENTS: f?�4�
EXECUTIVE SUMMARY:
This is to request Board approval of a settlement agreement with Belle Grove Development
Corporation related to correction of existing conditions on the Nyna S. Murray property by repairing
a sink hole and by construction of a conduit system for the transmission of drainage from the
stormwater detention facility in the adjoining Belle Grove Subdivision to the existing drainage
easement along Shadwell Drive.
BACKGROUND:
Belle Grove Development Corporation (`Belle Grove") is the owner and developer of Belle
Grove Subdivision, which adjoins the rear property fine of Nyna S. Murray. Subsequent to
construction of the stormwater detention facilities for the development, problems became apparent
when sinkholes appeared within the pond and on the Murray property. Upon inspection, it also
appeared that the discharge from the pond was not into a natural watercourse as previously believed
based upon the engineer's certification and VDOT's approval of the plans. In a letter dated April 25,
1997, the County Engineering Department specified further requirements for the development to
correct and/or address the drainage and sinkhole problems.
When the requirements were not completed, the Bonding Committee recommended to the
Board of Supervisors that Belle Grove Development Corporation be formally declared in default
under their Land Subdividers Agreement dated June 5, 1995, and their Erosion and Sediment Control
Agreement, dated June 5, 1995. Belle Grove requested a review hearing before the Board, appealing
the requirements of the Engineering Department. Both matters were heard on August 19, 1997;
this Board denied Belle Grove's appeal, requiring the corrections to be made within thirty (30) days,
and approved the Bonding Committee's recommendation to formally declare Belle Grove in default.
Belle Grove noted an appeal of the Board's decisions, and those matters are currently pending in the
Circuit Court of Roanoke County.
SUMMARY OF INFORMATION:
During the interim, Belle Grove tentatively agreed to contribute to the cost of the off-site
drainage project and repairs, conditioned upon acquisition of the drainage easement on the Murray
property. Staff has continued to negotiate with both parties. Belle Grove verbally agreed to pay up
to $20,000.00 toward the project, which was approximately one-half of the total estimated cost.
Additional revisions to the construction plans to address concerns of Ms. Murray and the additional
consideration to be paid for the easement have since increased the overall cost of the project to
approximately $47,400.00. However, the County engineering staff estimates that savings can be
accomplished through use of the County drainage crew for construction, with the labor and materials
to be charged to the project.
The final proposed agreement provides that Belle Grove will deposit the sum of $20,000.00
with the County toward the total cost of the off-site drainage project, including the cost for
acquisition of the easement. The County will supervise, manage and inspect the project. Any cost
savings resulting in a total cost of less than $40,000.00 will be divided equally between Belle Grove
and the County; Belle Grove's share is to be reimbursed upon completion and final acceptance of the
project by the Virginia Department of Transportation. The proposed agreement constitutes a full and
final settlement of all issues pertaining to the off-site drainage onto the Murray property for Phase
I of Belle Grove Subdivision. The County agrees to withdraw father enforcement action against the
developer on matters pertaining to the off-site drainage, and Belle Grove agrees to dismiss the appeal
of the Board's August 17, 1997, decision to the extent of the off-site drainage issues.
The on-site issues, mainly related to the stormwater detention pond, remain outstanding.
However, with this settlement proposal, Belle Grove has proceeded with steps to address the
requirements of the County engineers for completion of Phase I, Belle Grove Subdivision.
FISCAL IMPACTS:
The County's share of the costs will be paid from the $45,000.00 previously appropriated by
action of this Board on June 23, 1998, to the Belle Grove/Murray account in the Capital Fund. Staff
estimates that, with cost -savings measures, the $20,000.00 to be contributed by Belle Grove will
amount to half of the total cost.
N
C"'a
ALTERNATIVES:
1. Approve the proposed settlement agreement with Belle Grove Development
Corporation to resolve off-site drainage issues and pending litigation pertaining to Belle Grove
Subdivision and the property ofNyna S. Murray, and authorize the County Administrator to execute
such documents as may be necessary consistent with this action, in form approved by the County
Attorney.
2. Decline to approve the proposed settlement.
STAFF RECOMMENDATION:
Staff recommends Alternative #1 above.
RESPECTFULLY SUBMITTED:
11
Li J1,9YI
1
Vickie L. Huffm
Assistant Countyf
torney
ACTION VOTE
No Yes Abs
Approved (x) Motion by: Bob L. Johnson to approve Johnson _ x _
Denied ( ) settlement and any costs and/or recover Harrison _ x _
Received ( ) of funds from further legal action by McNamara_ x
Referred ( ) developer shared with County Minnix _ x
To () Nickens _ x
cc: File
Vickie L. Huffman, Assistant County Attorney
Diane D. Hyatt, Director, Finance
3
A-121598-3
ACTION #
ITEM NUMBER
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: December 15, 1998
AGENDA ITEM: Request to Establish Full Time Position to Administer Utility CIP and
Citizen Initiated Petition Projects
COUNTY ADMINISTRATOR'S COMMENTS
BACKGROUND:
Prior to construction of the Spring Hollow Project, the Board of Supervisors approved three full-
time positions to coordinate and oversee the water transmission projects. In the past, these
employees were not only responsible for the water transmission projects, but they also provided
considerable assistance with design and administration of the Utility CIP projects and the Petition
for Public Works projects. This concept of handling County projects worked very well and is cost
effective. These positions were full-time with benefits, but of a temporary nature. Funding for
these positions ended June 30, 1998.
SUND4ARY OF INFORMATION:
Since July 1, 1998, one of these employees has continued to work part-time with our department.
This employee would like to remain with the County but is pursuing full time employment. If we
lose this employee, the Utility Staff will have to rely more on outside consultants to provide design
and construction administration services.
Staff estimates approximately $3.0 million dollars of utility projects will be designed and
constructed in the next two years. If these projects are designed and administered solely by outside
firms, costs will approach $300,000 (5% engineering, 5% construction administration). With this
volume of work, it is considerably more cost effective to use County staff to perform the majority of
the design and administration. Salary and benefits for this position would be approximately
$50,000 per year.
Utility Department staff expects this level of work to continue for the foreseeable future.
FISCAL IMPACT:
Funding for this position will be provided by the Utility Capital Fund for the CIP and Petition for
Public Works projects.
STAFF RECOMMENDATION:
Staff recommends approval of a full-time position (Civil Engineer i) with benefits. This position
will be funded from the Utility Capital Fund and will be contingent on adequate funds being
available. Staff also recommends that the Utility Department vehicle count be increased by one (1)
to allow a surplus utility vehicle to be used.
SUBMITTED BY:
A
Gary Robe on, P.E.
Utility Director
APPROVED:
Elmer C. Hodge
County Administrator
ACTION VOTE
No Yes Abs
Approved () Motion by: H. Odell Minnix motion to Johnson x _ _.
Denied (X) approve staff recommendation Harrison x _ _
Received () McNamara_ x _
Referred () Minnix — x _
To () Nickens x — _
cc: File
Gary Robertson, Director, Utility
Joseph Sgroi, Director, Human Resources
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
ON TUESDAY, DECEMBER 15, 1998
ORDINANCE 121598-4 AUTHORIZING APPROVAL OF A SETTLEMENT
AGREEMENT WITH NYNA S. MURRAY AND ACQUISITION OF A 20'
DRAINAGE EASEMENT, WITH ACCESS AND TEMPORARY
CONSTRUCTION EASEMENTS, ACROSS PROPERTY OWNED BY NYNA
S. MURRAY ON SHADWELL DRIVE IN THE HOLLINS MAGISTERIAL
DISTRICT IN CONNECTION WITH A PROJECT TO PROVIDE FOR
ADEQUATE DRAINAGE FROM BELLE GROVE SUBDIVISION
WHEREAS, a permanent twenty -foot (20') drainage easement, together with a
permanent access easement for maintenance and a temporary construction easement,
across a parcel of land owned by Nyna S. Murray and located on Shadwell Drive in the
Hollins Magisterial District of the County of Roanoke, Virginia, is required to provide for
the transmission of drainage through a conduit system from the stormwater management
facility in Belle Grove Subdivision to the existing drainage easement along Route 605
(Shadwell Drive) and to provide for repair of an existing sink hole on the property; and,
WHEREAS, staff has negotiated with the property owner and has reached a
settlement agreement in lieu of the eminent domain proceedings previously authorized by
this Board on June 23, 1998, including the purchase of the required easement for the sum
of $7,000.00, said agreement having been executed by Nyna S. Murray pending approval
by this Board; and,
WHEREAS, Section 18.04 of the Roanoke County Charter directs that the
acquisition of real estate be accomplished by ordinance; the first reading of this ordinance
was held on December 1, 1998; and the second reading was held on December 15, 1998.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF
ROANOKE COUNTY, VIRGINIA, as follows:
1. That the settlement agreement dated November 10, 1998, with Nyna S.
Murray providing for the repair of the existing sink hole on her property and the
construction of an underground conduit system for the transmission of drainage within a
20' drainage easement from the stormwater management facility in Belle Grove
Subdivision to the existing drainage easement along Route 605 (Shadwell Drive) is hereby
authorized and approved.
2. That the acquisition and acceptance of the following permanent drainage
easement for the sum of $7,000.00 is hereby authorized and approved:
A perpetual DRAINAGE EASEMENT, approximately twenty feet (20') in width
and consisting of .20 acre, to construct, install, improve, operate, inspect,
use, maintain, remove, monitor, repair or replace a present or future single
underground drainage course, line, pipe, conduit, and/or other necessary or
related structures, appurtenances and improvements, for management,
collection, transmission and distribution of any form of drainage, including
but not limited to stormwater drainage, together with a permanent easement
for ingress and egress to and from the public road, upon, over, under, and
across the parcel of land belonging to the Grantor and designated on the
Roanoke County Land Records as Tax Map No.28.09-2-4. The location of
said perpetual drainage easement and ingress and egress easement is
shown stippled and designated as "DRAINAGE EASEMENT" upon the plat
entitled 'Plat Showing Temporary Construction Easement and Drainage
Easement Being Granted to Roanoke County By Nyna S. Murray', dated
October 26, 1998, prepared by Lumsden Associates, P.C., attached hereto
as Exhibit A and by reference incorporated herein; and,
Together with a temporary construction easement, which shall be operative
and in effect only during any period or phase of construction of the drainage
system and appurtenant facilities, shown cross -hatched and designated as
"TEMPORARY CONSTRUCTION EASEMENT" on the above-described plat
attached hereto as Exhibit A.
3. That the consideration of $7,000.00 for the easement acquisition, and the
additional sums required for the construction of the project and associated costs, shall be
PA
paid from the $45,000.00 previously appropriated by action of this Board on June 23,
1998, to the Belle Grove/Murray account in the Capital Fund, with such consideration and
costs to be off -set by any sums which may be received or obtained from Belle Grove
Development Corporation; and,
4. That the County Administrator or an Assistant County Administrator is hereby
authorized to execute such documents and take such actions as may be necessary to
finalize this agreement and acquisition, all of which shall be on form approved by the
County Attorney.
5. That this ordinance shall be effective on and from the date of its adoption.
On motion of Supervisor Johnson to approve the settlement and adopt the
ordinance, and carried by the following recorded vote:
AYES: Supervisors McNamara, Minnix, Harrison, Johnson
NAYS: Supervisor Nickens
A COPY TESTE:
&44AALI Q -
Brenda J. Holton, MC
Deputy Clerk to the Board of Supervisors
cc: File
Vickie L. Huffman, Assistant County Attorney
Arnold Covey, Director, Community Development
Diane D. Hyatt, Director, Finance
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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, DECEMBER 15, 1998
RESOLUTION 121598-5 APPROVING AND CONCURRING
IN CERTAIN ITEMS SET FORTH ON THE BOARD OF
SUPERVISORS AGENDA FOR THIS DATE DESIGNATED
AS ITEM I -CONSENT AGENDA
BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as
follows:
1. That the certain section of the agenda of the Board of Supervisors for December
15, 1998, designated as Item J - Consent Agenda be, and hereby is, approved and
concurred in as to each item separately set forth in said section designated Items 1
through 5, inclusive, as follows:
1. Approval of minutes for November 17, 1998, and December 1, 1998.
2. Confirmation of committee appointments to Building Code Board of
Adjustments and Appeals, Blue Ridge Community Services Board of
Directors, Grievance Panel, Library Board, New Century Venture Center
Board of Directors and Planning Commission.
3. Acceptance of sanitary sewer facilities serving Hollins West Communications
Research Institute.
4. Acceptance and appropriation of donated funds from Friends of the Library
to the Library.
5. Acceptance of donation of a sanitary sewer easement from the Roanoke
County School Board in connection with the Tanglewood Drive Sewer Relief
Project.
Item moved to New Business and motion to approve defeated
1
2. That the Clerk to the Board is hereby authorized and directed where required by
law to set forth upon any of said items the separate vote tabulation for any such item
pursuant to this resolution.
On motion of Supervisor Johnson to adopt the Consent Resolution with the removal
of Item 6, and carried by the following recorded vote:
AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
NAYS: None
A COPY TESTE:
Brenda J. Hol on, CMC
Deputy Clerk to the Board of Supervisors
cc: File
Gary Robertson, Director, Utility
Arnold Covey, Director, Community Development
Spencer Watts, Director, Library
Diane D. Hyatt, Director, Finance
Joseph Sgroi, Director, Human Resources
Bill Rand, Director, General Services
04,
A -121598-5.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: December 15, 1998
SUBJECT: Confirmation of appointments to the Building Code Board of
Adjustment and Appeals, the Blue Ridge Community Services Board
of Directors, the Grievance Panel, the Library Board, the New
Century Venture Center Board of Directors, and the Planning
Commission
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
The following nominations were made at the December 1 meeting and should now
be confirmed.
1. BUILDING CODE BOARD OF ADJUSTMENTS AND APPEALS
Supervisor Nickens nominated Wilmore T. Leffell, Building Contractor, to another
four-year term which will expire December 12, 2002.
2. BLUE RIDGE COMMUNITY SERVICES BOARD OF DIRECTORS
The Blue Ridge Community Services Board of Directors has recommended the
reappointment of the Reverend William L. Lee as an at -large member. His three-
year term will expire December 31, 2001. All five govering bodies must concur with
the reappointment.
3. GRIEVANCE PANEL
Supervisor Nickens has nominated Raymond C. Denney, alternate, to another
three-year term which will expire October 10, 2001.
4. LIBRARY BOARD
Supervisor Minnix has nominated Nancy Greene to another four-year term which
,:;- 0-1.
will expire December 31, 2002.
5. NEW CENTURY VENTURE CENTER BOARD OF DIRECTORS
Supervisor Nickens has nominated Don C. Reid to represent Roanoke County.
6. PLANNING COMMISSION
Supervisor Nickens has nominated Kyle Robinson to another four-year term which
will expire December 31, 2002.
STAFF RECOMMENDATION:
It is recommended that the above appointments be confirmed by the Board of
Supervisors.
SUBMITTED BY: APPROVED BY:
yne_� e)(I(-
Mary H. Allen, CMC/AAE Elmer C. Hodge
Clerk to the Board County Administrator
ACTION VOTE
No Yes Abs
Approved (x) Motion by: Bob L. Johnson to approve Johnson _ x _
Denied () Harrison _ x _
Received () McNamara_ x
Referred () Minnix _ x _
To () Nickens _ x
cc: File
Building Code Board of Adjustments and Appeals file
Blue Ridge Community Services Board of Directors File
Grievance Panel File
Library Board File
New Century Venture Center Board of Directors File
Planning Commission File
A -121598-5.b
ACTION #
ITEM NUMBER
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: December 15, 1998
SUBJECT: Acceptance of Sanitary Sewer Facilities Serving Hollins West
Communications Research Institute
COUNTY ADMINISTRATOR'S COMMENTS: 7f�
SAY OF INFORMATION:
The Developers of Hollins West, Lionberger Construction Company, have requested that
Roanoke County accept the Deed conveying the sanitary sewer facilities serving the Hollins
West along with all necessary easements.
The sewer facilities are installed, as shown on plans prepared by LMW, P.C. entitled Hollins
West, which are on file in the Community Development Department. The sanitary sewer facility
construction meets the specifications and the plans approved by the County.
FISCAL, IMPACT:
The value of the sanitary sewer construction is $36,000.
RECOMMENDATION:
Staff recommends that the Board of Supervisors accept the sanitary sewer facilities serving
Hollins West along with all necessary easements, and authorize the County Administrator to
execute a Deed for the transfer of these facilities.
SUBMITTED BY:
Gary Robe son, P.E.
Utility Director
Approved (x)
Denied ( )
Received ( )
Referred ( )
To ( )
APPROVED:
9dw-11-1
Elmer C. Hodge
County Administrator
ACTION
Motion by: Bob L Johnson to approve
cc: File
Gary Robertson, Director, Utility
Arnold Covey, Director, Community Development
VOTE
No Yes Abs
Johnson — x .—
Harrison — x —
McNamara_ x —
Minnix — x —
Nickens — x —
COPY
RETURN To:
ROANOKE COUNTY
ATTORNEY'S OFFICE
THIS CHATTEL DEED, made this 10th day of November , 19 98 , by and
between: Lionberger Construction Company , a Virginia corporation, hereinafter referred to
as the "Developer," party of the first part; and the BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, its successors or assigns, hereinafter referred to as the "Board," party of the
second part.
:WITNESSETH:
THAT FOR AND IN CONSIDERATION of the mutual benefits accruing to the parties, the
receipt and sufficiency of which is hereby acknowledged, the Developer does hereby GRANT,
CONVEY, ASSIGN AND TRANSFER, with the covenants of GENERAL WARRANTY OF
TITLE, in fee simple unto the Board all water and/or sewer lines, valves, fittings, laterals,
connections, storage facilities, sources of water supply, pumps, manholes and any and all other
equipment and appurtenances thereunto belonging, in and to the water and/or sewer systems in the
streets, avenues, public utility, easement areas, water and sewer easement areas that have been or
may hereafter be installed by the Developer, along with the right to perpetually use and occupy the
easements in which the same may be located, all of which is more particularly shown, described and
designated as follows, to wit:
Page 1 of 4
As shown on the plan entitled Hollins West , made by LMW. P.C. and on
file in the Roanoke County Engineering Department.
The Developer does hereby covenant and warrant that it will be responsible for the proper
installation and construction of the said water and/or sewer systems including repair of surface areas
affected by settlement of utility trenches for a period of one (1) year after date of acceptance by the
Board and will perform any necessary repairs at its cost.
Elmer C. Hodge, County Administrator of Roanoke County, Virginia, hereby joins in the
execution of this instrument to signify the acceptance of this conveyance pursuant to Resolution No.
adopted by the Board of Supervisors of Roanoke County, Virginia,
on the day of , 19
Page 2 of 4
Developer:
c
As:
WITNESS THE FOLLOWING signatures and seals:
Vice President
State of Virginia
County/City of: Roanoke , to wit:
The foregoing instrument was acknowledged before me this:
13th day of November _ 19 98
By: D. Ray McCune Its Senior Vice President
Duly authorized officer Title
on behalf of Lionberger Construction Company
Public
My Commission expires: 30 April 2002
Page 3 of 4
Approved as to form:
County Attorney
State of.
County/City of:
MOM
Board of Supervisors of
Roanoke County, Virginia
By: (SEAL)
Elmer C. Hodge
County Administrator
Virginia
Roanoke , to wit:
The foregoing instrument was acknowledged before me this:
, day of , 19 ,
by Elmer C. Hodge, County Administrator, on behalf of the Board of Supervisors of Roanoke
County, Virginia.
Notary Public
My Commission expires:
Page 4 of 4
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ROANOKE COUNTY ACCEPTANCE OF SEWER FACILITIES
UTILITY SERVING HOLLINS WEST COMMUNICATIONS
DEPAR TMENT INSTITUTE
7
A -121598-5.c
ACTION NO.
ITEM NO. _
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: December 15, 1998
AGENDA ITEM: Acceptance of Donation from the Friends of the Library and
Appropriation of Funds to the Public Library Budget
COUNTY ADMINISTRATOR'S COMMENTS: �
V��
SUMMARY OF INFORMATION:
The Friends of the Library have donated $9,000 in support of various library programs and
services for FY 98/99. These funds will be used to improve and strengthen services such as
outreach programs for children and computer instruction for the public.
FISCAL IMPACT:
Acceptance and appropriation of the donated funds will require no additional expenditures by
the County.
STAFF RECOMMENDATION:
Staff recommends the acceptance of the Friends' donation and appropriation of $9,000 to the
Library's budget.
Spencer Watts Elmer C. Ho ge
Library Director County Administrator
------------------------------------------------------------------------------------------------------------------
ACTION VOTE
No Yes Abs
Approved (x) Motion by: Bob L. Johnson to approve Johnson _ x _
Denied () Harrison _ x —
Received () McNamara_ x _
Referred () Minnix _ x _
To () Nickens _ x
cc: File
Spencer Watts, Director, Library
Diane D. Hyatt, Director, Finance
A -121598-5.d
ACTION #
ITEM NUMBER"'
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: December 15, 1998
AGENDA ITEM: ACCEPTANCE OF DONATION OF A SANITARY SEWER EASEMENT
FROM THE ROANOKE COUNTY SCHOOL BOARD TO THE BOARD
OF SUPERVISORS IN CONNECTION WITH THE TANGLEWOOD
DRIVE SEWER RELIEF PROJECT.
COUNTY ADMINISTRATOR'S COMMENTS:
BACKGROUND:
This easement is necessary
sanitary sewer line, which will
being experienced on Tanglewood
heavy rain.
SUMMARY OF INFORMATION:
to install and maintain a proposed
relieve the sewer overload problems
Drive and Hummingbird Lane during
This consent agenda item involves the acceptance of the
following sanitary sewer easement in the Cave Spring Magisterial
District conveyed to the Board of Supervisors of Roanoke County,
Virginia, said easement being an installation and maintenance of a
sanitary sewer line in connection with the Tanglewood Drive Relief
Project.
Donation of a sanitary sewer easement, twenty feet (201) in
width, from the Roanoke County School Board (Deed Book 769 Page 422
Tax Map No. 87.13-1-1) as shown on a Plat by Lumsden Associates, P.
C., a copy of which is attached hereto as Exhibit A.
STAFF RECOMMENDATION:
Staff recommends acceptance of this easement and requests
permission for the County Administrator to execute the necessary
documents.
SUBMITTED BY:
Gary Rob rtson
Utility DUrector
J*9
APPROVED:
6 f1mw
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Elmer C.
Hodge
County Administrator
ACTION VOTE
No Yes Abs
Approved (x) Motion by: Bob L. Johnson to approve Johnson _ x
Denied () Harrison _ x
Received () McNamara_ x
Referred () Minnix _ x _
To () Nickens _ x _
cc: File
Gary Robertson, Director, Utility
Arnold Covey, Director, Community Development
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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, DECEMBER 15, 1998
RESOLUTION 121598-6 CERTIFYING EXECUTIVE MEETING WAS HELD
IN CONFORMITY WITH THE CODE OF VIRGINIA
WHEREAS, the Board of Supervisors of Roanoke County, Virginia has
convened an executive meeting on this date pursuant to an affirmative recorded vote and
in accordance with the provisions of The Virginia Freedom of Information Act; and
WHEREAS, Section 2.1-344.1 of the Code of Virginia requires a certification
by the Board of Supervisors of Roanoke County, Virginia, that such executive meeting was
conducted in conformity with Virginia law.
NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of
Roanoke County, Virginia, hereby certifies that, to the best of each member's knowledge:
1. Only public business matters lawfully exempted from open meeting
requirements by Virginia law were discussed in the executive meeting to 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:
Brenda J. Holtorf, CMC
Deputy 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 ,DECEMBER 15, 1998
ORDINANCE 121598-7 TO CHANGE THE ZONING CLASSIFICATION OF
A 0.50 -ACRE TRACT OF REAL ESTATE LOCATED AT 3716 COLONIAL
AVENUE (TAX MAP NO. 77.18-3-24) IN THE CAVE SPRING
MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF R-1
TO THE ZONING CLASSIFICATION OF C-1 WITH CONDITIONS UPON
THE APPLICATION OF MARK HARRELL
WHEREAS, the first reading of this ordinance was held on October 27, 1998, and
the second reading and public hearing were held November 17, 1998; and reheard on
December 15, 1998; and,
WHEREAS, the Roanoke County Planning Commission held a public hearing on
this matter on November 2, 1998; and
WHEREAS, legal notice and advertisement has been provided as required by law.
BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as
follows:
1. That the zoning classification of a certain tract of real estate containing 0.50
acres, as described herein, and located at 3716 Colonial Avenue (Tax Map Number 77.18-
3-24) in the Cave Spring Magisterial District, is hereby changed from the zoning
classification of R-1, Low Density Residential District, to the zoning classification of C-1,
Office District.
2. That this action is taken upon the application of Mark Harrell.
3. That the owner of the property has voluntarily proffered in writing the
following conditions which the Board of Supervisors of Roanoke County, Virginia, hereby
1
accepts:
soft lighting.
(1) Signage shall be limited to a maximum of 30 square feet in area with
(2) No additional exterior lighting shall be allowed.
(3) Uses shall be limited to accounting/financial services business.
(4) Parking lot access shall be off Thompsons Lane and shall be limited
to a maximum of eight spaces.
(5) Parking shall be confined to the rear yard and side yard facing the C-
2 building (on Thompsons Lane.)
(6) Hours of operation shall be limited to 7 a.m. until 9 p.m., 6 days a
week (Sunday off).
(7) All external changes to the building shall be residential in appearance.
(8) Any additions to the building shall be approved only through the
Special Use permitting process.
4. That said real estate is more fully described as follows:
BEING all of Lot 1, according to the Map of Section 2 of Green Valley made
by T. P. Parker, SCE, November 19, 1955, of record in the Clerk's Office of
the Circuit Court of Roanoke County, Virginia, in Plat Book 3 at page 192.
5. That this ordinance shall be in full force and effect thirty (30) days after its
final passage. All ordinances or parts of ordinances in conflict with the provisions of this
ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed
to amend the zoning district map to reflect the change in zoning classification authorized
by this ordinance.
2
On motion of Supervisor Nickens to approve the rezoning with conditions and adopt
the ordinance, and carried by the following recorded vote:
AYES: Supervisors McNamara, Nickens, Johnson
NAYS: Supervisor Minnix, Harrison
A COPY TESTE:
&S26:j� 0,
Brenda J. Holton, CMC
Deputy 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
ROANOKE COUNTY
-DEPARTMENT OF
COMMUNITY DE VEL OPMENT
S.Mark Barrell
3716 Colonial Av
Rezane from, R-1
77.18-3-24
to C-1
A-121598-8
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: December 15, 1998
AGENDA ITEM: Request Approval of a Hazard Mitigation Grant from FEMA.
VDES HMGP File # VA -1135-161-047
COUNTY ADMINISTRATOR'S COMMENTS.-
BACKGROUND:
OMMENTS:
BACKGROUND:
Staff has conducted a work session with the Board to discuss the awarding of a
FEMA (Federal Emergency Management Agency) Hazard Mitigation Grant for
acquisition of flood prone properties in the Carvin Creek watershed of Roanoke
County. The grant will include the purchase of eight homes in the Sun Valley/Palm
Valley area of Roanoke County.
SUMMARY OF INFORMATION:
The Roanoke Valley Regional Stormwater Management Plan identified the Sun
Valley/Palm Valley area along Carvin Creek as having the highest concentration of
flood prone homes in Roanoke County. Twenty-three homes were identified as
candidates for acquisition/relocation based on severity of flooding. The original
grant application was for $1 million dollars and would have included the purchase
of thirteen homes. The grant amount, however, was subsequently reduced and the
number of homes was reduced to eight. The grant is awarded by FEMA and
administered by the Commonwealth of Virginia Department of Emergency Services.
A summary of proposed costs for the project is as follows:
Federal Share
Administrative Costs (to locality)
State Share (VADES)
County Share
TOTAL PROJECT COST
1
$516,075.00
75.0%
14,762.00
2.2%
37,500.00
5.4%
119.763.00
17.4%
$688,100.00
100%
ALTERNATIVES AND IMPACT:
Alternative #1: Accept the FEMA grant and authorize staff to begin the process of
acquiring the identified flood prone properties in the Sun Valley/Palm Valley area
of Carvin Creek in Roanoke County.
Alternative #2: Decline the FEMA grant.
STAFF RECOMMENDATION:
Staff recommends Alternative #1, with the County's share of the project costs
coming from the Flood Reduction and Drainage Control capital account.
SUBMITTED BY:
Georg4 W. Si,mpso , III, P.E.,
Assistant Director
Department of Community Development
APPROVED BY:
Elmer C. Hodge
County Administrator
ACTION VOTE
No Yes Abs
Approved (x) Motion by: Bob L Johnson to approve Johnson — x _
Denied () acceptance of grant Harrison _ x
Received () McNamara_. x _
Referred () Minnix _ x —
To () Nickens — x —.
cc: File
George Simpson, Assistant Director, Community Development
Arnold Covey, Director, Community Development
Diane D. Hyatt, Director, Finance
2