HomeMy WebLinkAbout8/8/2000 - Adopted Board RecordsAT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, AUGUST 8, 2000
ORDINANCE 080800-1 AUTHORIZING A BOUNDARY ADJUSTMENT
THROUGH THE EXCHANGE OF REAL ESTATE IN CONNECTION WITH
THE NEW SOUTH COUNTY PARK BETWEEN THE BOARD OF
SUPERVISORS (T.M.#97.01-2-11; T.M.#97.01-2-13; T.M.#97.05-1-25),
MARJORIE KIDD CRAIGHEAD & JEFFREY ALAN CRAIGHEAD
(T.M.#97.01-2-17.1), AND DAVID E. & VIRGINIA J. KIDD (T.M.#97.01-2-7)
IN THE CAVE SPRING MAGISTERIAL DISTRICT.
WHEREAS, Marjorie Kidd Craighead and Jeffrey Alan Craighead are the owners of
a 14.32 -acre parcel of real estate, including Back Creek, designated on the Roanoke
County Land Records as Tax Map No. 97.01-2-17.1, adjacent to the new South County
Park property owned by the Board of Supervisors of Roanoke County, Virginia, which is
designated on the Roanoke County Land Records as Tax Map No. 97.01-2-11, and
partially adjoins property of the Board of Supervisors, successor to the Roanoke County
Public Service Authority, which is designated on the Roanoke County Land Records as Tax
Map No. 97.01-2-13; and,
WHEREAS, David E. Kidd and Virginia J. Kidd are the owners of a 6.73 -acre parcel
of real estate, designated on the Roanoke County Land Records as Tax Map No. 97.01-2-
7, adjacent to Starkey Park on Crystal Creek Drive owned by the Board of Supervisors,
which is designated on the Roanoke County Land Records as Tax Map No. 97.05-1-25;
and,
WHEREAS, the Kidds currently access their property through the northwesterly
corner of the Starkey Park property pursuant to a deed of easement dated October 21,
1996, and recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia,
in Deed Book 1532, page 1410; and,
WHEREAS, due to potential management and operational problems, concerns
raised by the Craigheads related to the boundaries and public access to Back Creek, with
attendant liability, vandalism, and trespass issues, and the need to provide for adequate
drainage on the Craighead property as a result of park development, staff has negotiated
an agreement with the Craigheads and Kidds for the exchange of real estate and the
provision of fencing materials to address the various concerns and issues; and,
WHEREAS, the proposed agreement will serve the interests of the public, and the
property to be acquired by the County constitutes a fair consideration for the parcels to be
conveyed and the fencing materials to be provided; and,
WHEREAS, pursuant to the provisions of Section 18.04 of the Charter of Roanoke
County, a first reading concerning this acquisition and conveyance of real estate was held
on July 25, 2000, and the second reading of this ordinance was held on August 8, 2000.
BE IT ORDAINED by the Board of Supervisors of the County of Roanoke, Virginia,
as follows:
1. That pursuant to the provisions of Section 16.10 of the Charter of Roanoke
County, the interests in real estate to be conveyed are hereby declared to be surplus, and
are hereby made available for other public uses by exchange for alternative public property.
2. That acquisition and acceptance of a parcel of real estate, consisting of 0.948
acre, including Back Creek, along the western boundary of the property of the Board of
Supervisors designated on the Roanoke County Land Records as Tax Map #97.01-2-11,
said parcel being hatched and shown on the attached copy (marked Exhibit A) of a
preliminary plat dated July 12, 2000, prepared by Lumsden Associates, P.C., from Marjorie
Kidd Craighead and Jeffrey Alan Craighead is hereby authorized and approved.
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3. That as consideration for the above-described acquisition, conveyance to
Marjorie Kidd Craighead and Jeffrey Alan Craighead of a parcel of real estate, consisting
of 0.574 acre, and being a portion in the northwestern corner of the property of the Board
of Supervisors designated on the Roanoke County Land Records as Tax Map #97.01-2-13,
said parcel being cross -hatched and shown on the attached copy (marked Exhibit A) of a
preliminary plat dated July 12, 2000, prepared by Lumsden Associates, P.C., is hereby
authorized and approved, subject to the following conditions:
a. That a "New Variable Width Waterline & Sanitary Sewer Easement"
be reserved and retained as shown in the detail on the above -referenced plat.
b. That the 0.574 parcel to be conveyed shall be added and combined
with the tract of land owned by the Craigheads, designated on the Roanoke County
Land Records as Tax Map No. 97.01-2-17.1.
C. That the conveyance is to be subject to all recorded conditions,
reservations, easements and restrictions affecting title to the property.
4. That as additional consideration for the acquisition, the provision of certain
fencing materials, namely 150 fence posts and 1200 feet of wire fencing, are to be provided
to the Craigheads to construct fencing along the new boundary line between the
properties, is hereby authorized and approved.
5. That as additional consideration for the above-described acquisition,
conveyance to David E. Kidd and Virginia J. Kidd of a parcel of real estate, consisting of
0.051 acre, and being a triangular parcel in the northwestern corner of the property of the
Board of Supervisors designated on the Roanoke County Land Records as Tax Map
#97.05-1-25, said parcel being hatched and shown on the attached copy (marked Exhibit
3
B) of a preliminary plat dated July 18, 2000, prepared by Lumsden Associates, P.C., is
hereby authorized and approved, subject to the following conditions:
a. That an adequate access easement, a minimum of 10' in width, for
ingress to and egress from a Roanoke County Well Lot to and from Crystal Creek
Drive shall be reserved and retained.
b. That the conveyance is to be subject to all recorded conditions,
reservations. easements and restrictions affecting title to the property, including but
not limited to any and all access easements conveyed to other property owners for
ingress and egress to and from Crystal Creek Drive.
C. That the 0.051 acre parcel to be conveyed shall be added and
combined with the tract of land owned by the Kidds, designated on the Roanoke
County Land Records as Tax Map No. 97.01-2-7.
6. That the County Administrator, or an Assistant County Administrator, is
hereby authorized to execute such documents and take such further actions on behalf of
the Board of Supervisors of Roanoke County as may be necessary to accomplish the
property exchange, specifically including the acquisition and conveyance of the respective
properties herein described, all of which shall be approved as to form by the County
Attorney.
7. 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 Johnson, Minnix, Church, Nickens, McNamara
NAYS: None
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A COPY TESTE:
Mary H. AI en, CMC/AAE
Clerk to the Board of Supervisors
cc: File
Pete Haislip, Director, Parks, Recreation & Tourism
Arnold Covey, Director, Community Development
Terry Harrington, County Planner
John W. Birckhead, Director, Real Estate Valuation
Paul M. Mahoney, County Attorney
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AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, AUGUST 8, 2000
RESOLUTION 080800-2 APPROVING AND CONCURRING IN CERTAIN
ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA
FOR THIS DATE DESIGNATED AS ITEM I - CONSENT AGENDA
as follows:
BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia,
1. That the certain section of the agenda of the Board of Supervisors for
August 8, 2000, 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 Item 1,
inclusive, as follows:
1. Confirmation of committee appointment to the Social Services
Advisory Board.
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 McNamara to adopt the resolution, and carried by
the following recorded vote:
AYES: Supervisors Johnson, Minnix, Church, Nickens, McNamara
NAYS: None
A COPY TESTE:
Mary H. Allen, CMC/AAE
Clerk to the Board of Supervisor
cc: File
A -080800-2.a
ACTION NO.
ITEM NUMBER — %
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: August 8, 2000
AGENDA ITEM: Confirmation of Committee Appointment to the Social Services
Advisory Board
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION
SOCIAL SERVICES ADVISORY BOARD
Supervisor McNamara has nominated Raymond C. Denny, Windsor Hills Magisterial
District, to serve another four-year term which will expire August 1, 2004.
STAFF RECOMMENDATION
It is recommended that the above nomination be confirmed.
Respectfully submitted, Approved by,
11
Mary H. Allen, CMC/AAE Elmer C. Hodge
Clerk to the Board County Administrator
Approved (x)
Denied ( )
Received ( )
Referred ( )
To ( )
ACTION
Motion by: Joseph McNamara to approve
cc: File
Social Services Advisory Board File
1
VOTE
No Yes Abs
Church — x _
Johnson _ x —
McNamara_ x _
Minnix _ x
Nickens — x
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
ON TUESDAY, AUGUST 8, 2000
RESOLUTION 080800-3 CERTIFYING THE CLOSED MEETING WAS
HELD IN CONFORMITY WITH THE CODE OF VIRGINIA
WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened
a closed 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 closed 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 closed meeting which this certification resolution
applies, and
2. Only such public business matters as were identified in the motion convening the
closed meeting were heard, discussed or considered by the Board of Supervisors of
Roanoke County, Virginia.
On motion of Supervisor McNamara to adopt the Certification Resolution; and
carried by the following recorded vote:
AYES: Supervisors Johnson, Church, Nickens, McNamara
NAYS: None
ABSENT: Supervisor Minnix
cc: File
Closed Session File
A COPY TESTE:
Mary H. Allen, CMC
Clerk to the Board of Supervisors
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, AUGUST 8, 2000
RESOLUTION 080800-4 MEMORIALIZING THE VIRGINIA GAS PIPELINE
COMPANY, EAST TENNESSEE NATURAL GAS COMPANY AND THE
DUKE ENERGY CORPORATION TO CONSTRUCT A NATURAL GAS
PIPELINE ON A CORRIDOR ALREADY IN EXISTENCE AND OPERATION
IN ROANOKE COUNTY, VIRGINIA
WHEREAS, we, the members of the Roanoke County Board of Supervisors, petition
the executive officers and shareholders of the Virginia Gas Pipeline Company and Duke
Energy Corporation as follows:
WHEREAS, Virginia Gas Pipeline Company is in the possession of certain
easements that traverse the peaks and ridges of rural undeveloped southwest Roanoke
County, including the Blue Ridge Parkway and Poor Mountain region as well as other urban
areas in southwestern Roanoke County for the purpose of constructing a natural gas
pipeline through these areas; and
WHEREAS, the Roanoke County Board of Supervisors and the citizens of Roanoke
County strongly urge the Virginia Gas Pipeline Company to cease any further surveying
and clearing of land and to initiate and participate expeditiously in a dialog with Duke
Energy Corporation with the intent to establish an agreement whereby the new construction
of a natural gas pipeline will co -exist in the corridor already in existence and operation in
Roanoke County; and
WHEREAS, the Virginia Department of Conservation and Recreation has previously
made a request to the Virginia Gas Pipeline Company to seek the utilization of an existing
pipeline corridor for the construction of a new gas pipeline in Roanoke County; and
WHEREAS, the Duke Energy Corporation has established a public policy whereby
Duke Energy Corporation is committed to stewardship of our communities and
environment, and has a long history of advocating and building for the environment and
cares deeply about how its business operations enhance the quality of life in the community
and the impact of its operations on the environment; and
WHEREAS, Duke Energy Corporation is a corporate leader in the utilities and
energy industry and has the wherewithal through its ownership of a certain easement and
established corridor for the purpose of transporting natural gas, can make available to
Virginia Gas Pipeline Corporation the space necessary for the construction of a natural gas
pipeline to coexist on a corridor already in existence through Roanoke County; and
WHEREAS, the citizens of Virginia and particularly Roanoke County wish to
preserve for perpetuity its natural wildlife and mountain ridges and peaks in a natural state
and protect the views of the peaks and ridges of this beautiful country; and
WHEREAS, the peaks and ridges that make up the Blue Ridge Parkway, Poor
Mountain, and Twelve O'Clock Knob area of southwest Roanoke County are some of the
most prominent peaks and ridges in Roanoke County and the Poor Mountain Natural
Wildlife Preserve is a treasured state preserve and this area should be protected from any
further development of new corridors for gas pipelines in this vicinity of Roanoke County;
and
WHEREAS, it is incumbent upon utility corporations to seek and resolve issues to
coexistence through established corridors previously approved by the Virginia State
Corporation Commission; and
WHEREAS, the Roanoke County Board of Supervisors recognizes the current
"eminent domain" notification process established by the Virginia State Corporation
N
Commission for corporations seeking permission to obtain rights of way through property
owners of private land does not notify and inform the effected property owners of private
land until after approval of rights of way by the State Corporation Commission; and
BE IT RESOLVED that the Board of Supervisors of Roanoke County, Virginia,
respectfully urges and requests the immediate cooperation between the Virginia Gas
Pipeline Company and Duke Energy Corporation, the parent company of the East
Tennessee Natural Gas Company, for the establishment of a new natural gas pipeline in
a corridor already in operation, for the good of the natural wildlife and mountain peaks and
ridges in Roanoke County; and
BE IT FURTHER RESOLVED that suitable copies of this Resolution, duly
authenticated by the Roanoke County Board of Supervisors, be transmitted to the Virginia
Gas Pipeline Company, the East Tennessee Natural Gas Company, the Duke Energy
Corporation, the Virginia State Corporation Commission, and the Virginia General
Assembly delegates and senators representing Roanoke County, Virginia.
On motion of Supervisor McNamara to adopt the resolution as amended, and carried
by the following recorded vote:
AYES: Supervisors Johnson, Church, Nickens, McNamara
NAYS: None
ABSENT: Supervisor Minnix
A COPY TESTE:
Mary H. Allen, CMC/AAE
Clerk to the Board of Supervisors
cc: File
Paul M. Mahoney, County Attorney
John M Chambliss, Jr., Assistant County Administrator
Virginia Gas Pipeline Company
East Tennessee Natural Gas Company
Duke Energy Corporation
Virginia State Corporation Commission
Virginia General Assembly delegates and senators representing Roanoke County,
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