HomeMy WebLinkAbout5/14/2019 - Regular
May 14, 2019
175
Roanoke County Administration Center
5204 Bernard Drive
Roanoke, Virginia 24018
The Board of Supervisors of Roanoke County, Virginia met this day at the
Roanoke County Administration Center, this being the second Tuesday and the second
regularly scheduled meeting of the month of May 2019. Audio and video recordings of
this meeting will be held on file for a minimum of five (5) years in the office of the Clerk
to the Board of Supervisors.
IN RE: OPENING CEREMONIES
Before the meeting was called to order an invocation was given by Pastor
Dr. John Thompson of the Peters Creek Church of the Brethren. The Pledge of
Allegiance was recited by all present.
IN RE: CALL TO ORDER
Chairman North called the meeting to order at 3:04 p.m. The roll call was
taken.
MEMBERS PRESENT: Chairman Phil C. North; Supervisors George G. Assaid,
Martha B. Hooker, David F. Radford and P. Jason Peters
MEMBERS ABSENT: None
STAFF PRESENT: Daniel R. O’Donnell, County Administrator; Richard
Caywood, Assistant County Administrator; Rebecca Owens,
Assistant County Administrator Ruth Ellen Kuhnel, County
Attorney; Amy Whittaker, Public Information Officer and
Deborah C. Jacks, Chief Deputy Clerk to the Board
IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS
1. Resolution congratulating the Northside High School Basketball
team for winning the Virginia High School League (VHSL) Class 3
Championship (Phil C. North, Chairman, Roanoke County Board
of Supervisors)
The team and coaches were in attendance to accept the resolution, which
was read by the Clerk.
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RESOLUTION 051419-1 OF CONGRATULATIONS TO
NORTHSIDE HIGH SCHOOL BOYS BASKETBALL TEAM FOR
WINNING THE VIRGINIA HIGH SCHOOL LEAGUE (VHSL)
CLASS 3 CHAMPIONSHIP
WHEREAS, team sports are an important part of the curriculum at schools in
Roanoke County, teaching cooperation, sportsmanship and athletic skill; and
WHEREAS, the Northside High School boys basketball team are the first boys
State champions in school history; and
WHEREAS, the Northside Vikings finished their season with an outstanding
overall record of 28 wins and 1 loss; and
WHEREAS, the Northside Vikings earned their trip to a State championship
game by winning the semifinal game by 73 to 54; and
WHEREAS, the Northside Vikings won their first State title in school history by
defeating Phoebus 60 to 58; and
WHEREAS, the Vikings have been under the dedicated leadership of Head
Coach Bill Pope for the last 33 years with Assistant Coaches Ed Culicerto and Coach
Jim Wolfe assisting Coach Pope during his entire tenure with Northside; along with
Assistant Coaches Jacob Paysour, Trey Smith, Omar Lewis; Managers Michael
Summer and Quran Walker and Videographer John Palmeiri; and
WHEREAS, Coach Bill Pope was named VHSL State Coach of the Year; and
WHEREAS, Julien Wooden was named VHSL and VHSCA Player of the year;
and
WHEREAS, Kasey Draper was named VHSL and VHSCA First Team All-State.
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of
Roanoke County, Virginia does hereby extend its sincere congratulations to the
members of the NORTHSIDE HIGH SCHOOL BASKETBALL TEAM: Ayrion Journiette,
Julien Wooden, Jalen Jackson, Jordan Wooden, Quentin Slash, LA Gates, Kasey
Draper, Cameron Upton, Avonte Grogan, Corey Brooks, Bryce Hall and Daniel Francis;
and
BE IT FURTHER RESOLVED, that the Board of Supervisors extends its best
wishes to the members of the team, the coaches, and the school in their future
endeavors.
On motion of Supervisor North to adopt the resolution, seconded by Supervisor
Hooker and carried by the following recorded vote:
AYES: Supervisors Assaid, Hooker, Radford, Peters, North
NAYS: None
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2. Proclamation declaring the Month of May 2019 as Business
Appreciation Month in Roanoke County (Jill Loope, Director of
Economic Development)
Proclamation was read by the Clerk and accepted by Mr. Kirtesh Patel a
partner in the Tru by Hilton Hotel, located in the Hollins area of Roanoke County.
IN RE: BRIEFINGS
1. Briefing to provide the Board of Supervisors a presentation on
the "State of the Outdoors" (Pete Eshelman, Director of Outdoor
Branding, Roanoke Regional Partnership)
Briefing was given.
2. Briefing to discuss Roanoke County's Legislative Program and
preparation for the 2020 session of the Virginia General Assembly
(Ruth Ellen Kuhnel; County Attorney; Eldon James, Eldon James
& Associates)
Briefing was given.
IN RE: NEW BUSINESS
1. Request to amend the scope of services for the Professional
Engineering Services Contact with Draper Aden Associates for
the Dixie Caverns Landfill Leachate Management Upgrade
(Richard L. Caywood, Assistant County Administrator)
A-051419-2
Mr. Caywood outlined the request. There was no discussion.
IN RE: PUBLIC HEARING
1. Public hearing for citizen comment on the proposed fiscal year
2019-2020 Operating Budget and the proposed fiscal year 2020-
2029 Capital Improvement Program (Rebecca E. Owens, Assistant
County Administrator)
The following citizens spoke:
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Annette Lewis, President and CEO of Total Action for Progress (TAP)
provided a handout, which is on file in the Clerk’s Office. TAP served Roanoke County
and eleven (11) jurisdictions though her personal address is in Roanoke City, she is
pleased to lead an organization that serves the citizens of Roanoke County. First, she
thanked the Board, TAP is your community agency, designated by the Board to do that.
They have been around for 54 years and thank you for the financial support that the
Board has given to our agency. It really means a lot. On the paper that she provided,
she is glad to have Charlotte Moore, who is Chairman of their Board and is also present
with her today. We find that a lot of people do not know what TAP really does. So, you
have a sheet before you that spells out all of the services. We were pleased to have
your Chairman, Mr. North, and County Administrator, Mr. O’Donnell, to take a visit of
TAP and tour their services. You will see one of the things that we have is an economic
impact study that was done for us by the Alleghany Regional Commission. We make a
$34.5 million economic impact and create an additional 118 jobs. We have 322 people
employed. One of the things she would like to say about that most of their money
comes from Federal grants and Federal grants are very restrictive and do require a
match. So, your money helps us to do what you see listed on the handout. In our
history, we have started a number of organizations that also serve Roanoke County.
You see that we serve 5,659 individuals, of which 10% reside in Roanoke County.
Some of the services include the fact what we help 231 people with their education,
place them in jobs, you will see that about 100 homeless veterans seek out our services
to get housing and some of the 231 were actually homeless veterans whose address
was Roanoke County before we placed them in housing. We are the nurse/aid training
provider for Carillion Hospital and some of these in our CAN training program were
Roanoke County residents. There were 106 individuals that were helped to develop
assets with a free tax clinic that we have bringing millions of dollars into the region for
those individuals what come to us for free tax services. There were 120 individuals who
went through our Head Start program and TAP operates about 18 Head Start Centers.
Arnold Burton has a classroom at its location for Head Start. There were 54 homeless
people that were placed into housing; 14 of them resided in the Vinton apartments
owned by TAP. Your permanent support of housing, your resources help us to continue
housing services. There were 21 who received energy conservation and housing
rehab. Mr. North and Mr. O’Donnell were able to visit with a homeowner in the Hollins
District and had it not been for the support of TAP as well as the work that is being done
by the Department of Social Services, this gentleman would be in dire straits. We are
pleased to help. There were 17 victims of domestic violence who received counseling,
safety planning, court-appointed accompaniment to file protective orders, or file for
custody of children, assistance with shelter, placement or relocation and mental health
counseling. We have a fatherhood program, five (5) dads are helped to become better
parents and five (5) parents were helped to gain skilled training to advance in their
careers. So, basically, again, thank you. She knows the Board’s decision to support
any non-profit are your decisions to support the citizens of Roanoke County are difficult
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decisions. Our funding has been cut and she would like the Board to please reconsider
that. They are looking at a $5,600 cut, but again every dollar counts and helps them to
get the federal funds to help the citizens of Roanoke County.
Noah Tickle of 1603 Frosty Lane stated he is a resident of Roanoke
County, Catawba Magisterial District since 1956. As the eagle flies this time of year, so
does tax assessments show up in his mailbox followed by tax statements, personal
property, real estate. Then any other daily that can be dreamed up. Recently he heard
some such about how taxes did not go up and that confused him. His mother having
taught him how to add and subtract; he got pencil and paper out and did the math of it.
What he heard and what the math indicated was very much different and that was an
increase of 44 times more of an increase than it had been last year. He then thought,
where is Candidate 6 and his beaver. We need to talk. Out of one side of the mouth is
said, “get out there and get them in here” and that is not going to happen. Taxes not
just stepping, but jumping to the sky will never encourage tax-base building affect and
effects. Living budget balanced and tax reductions will. Get out and get them in here as
it has been said will never work. They are running away and will continue to do so.
Being frugal as our parents, grand and great grandparents taught us is the way to
behave, it works. No, no, no, let’s see how far we can go down the rabbit hole.
Governance as with human nature will never get it as did Sam Walton and Ross Perot.
Just keep on keeping on and we will see. As in the past, play the tax extortion game.
Everyone will run away. Tax based shrinks, this tax stations as with the railroad will be
only a whistle stop along the tracks out of town, as it is now.
IN RE: FIRST READING OF ORDINANCES
1. Ordinances to appropriate funds for:
(a) Fiscal year 2019-2020 operations budget and approval of the
Classification and Pay Plan for fiscal year 2019-2020 for the
County of Roanoke, Virginia;
There was no discussion.
Supervisor Peters’ motion to approve the first reading and set the second
reading for May 28, 2019, was seconded by Supervisor Assaid and approved by the
following vote:
AYES: Supervisor Assaid, Hooker, Radford, Peters, North
NAYS: None
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(b) Fiscal year 2019-2020 capital budget for the County of
Roanoke, Virginia;
There was no discussion.
Supervisor Peters’ motion to approve the first reading and set the second
reading for May 28, 2019, was seconded by Supervisor Assaid and approved by the
following vote:
AYES: Supervisor Assaid, Hooker, Radford, Peters, North
NAYS: None
(c) Fiscal year 2019-2020 transfer to and on behalf of the
Roanoke County Public Schools budget for the County of
Roanoke, Virginia
There was no discussion.
Supervisor Hooker commented that on the advice of Counsel, she does
not have a conflict of interest in voting on the School budget and want to remind the
public that she is free to vote on the budget without conflict again today.
Supervisor Radford’s motion to approve the first reading and set the
second reading for May 28, 2019, was seconded by Supervisor Hooker and approved
by the following vote:
AYES: Supervisor Assaid, Hooker, Radford, Peters, North
NAYS: None
(d) Fiscal year 2019-2020 operations budget for Roanoke
County Public Schools;
There was no discussion.
Supervisor Peters’ motion to approve the first reading and set the second
reading for May 28, 2019, was seconded by Supervisor Assaid and approved by the
following vote:
AYES: Supervisor Assaid, Hooker, Radford, Peters, North
NAYS: None
(e) Fiscal year 2019-2020 capital budget for Roanoke County
Public Schools (Rebecca E. Owens, Assistant County
Administrator)
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Supervisor North’s motion to approve the first reading and set the second
reading for May 28, 2019, was seconded by Supervisor Peters and approved by the
following vote:
AYES: Supervisor Assaid, Hooker, Radford, Peters, North
NAYS: None
2. Ordinance amending Section 10-3 (Levying of License Fees and
Taxes) of the Roanoke County Code, raising the threshold of
annual gross receipts for those entities required to pay the
County Business License Tax (from $125,000 or more to $135,000
or more); and requiring entities that are below the threshold to
pay only an annual $50 license fee (Rebecca E. Owens, Assistant
County Administrator)
Ms. Owens outlined the ordinance. There was no discussion.
Supervisor North motion to approve the first reading and set the public
hearing and second reading for May 28, 2019, was seconded by Supervisor Hooker and
approved by the following vote:
AYES: Supervisor Assaid, Hooker, Radford, Peters, North
NAYS: None
Supervisor Assaid inquired under Item G., he believes that we repeated
(d) twice instead of finishing up with (e). He thinks the Board voted on item (D) twice.
Chairman North asked the Clerk to comment. The Clerk advised there were votes, and
in order for clarification. Supervisor Peters stated that the capital budget was read.
Supervisor Assaid stated he heard Roanoke County Schools. It was the School Capital
budget. It was the consensus of the Board that it was read and voted on correctly.
3. Ordinance amending the Roanoke County Zoning Ordinance -
Explore Park (EP) District (Philip Thompson, Acting Director of
Planning)
Mr. Thompson outlined the ordinance. There was no discussion.
Supervisor Peters’ motion to approve the first reading and set the second
reading for May 28, 2019, was seconded by Supervisor Assaid and approved by the
following vote:
AYES: Supervisor Assaid, Hooker, Radford, Peters, North
NAYS: None
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IN RE: SECOND READING OF ORDINANCES
1. Ordinance approving a lease with Anbaja Enterprises to provide
food and beverage services in Explore Park at Brugh Tavern
(Doug Blount, Director of Parks, Recreation and Tourism)
Mr. Blount advised the only change from the first reading was the addition
of the following: During the Initial Term, Company will be an exclusive vendor for beer,
cider and wine services in Explore Park. Company will also be the exclusive fixed
location restaurant with on-premise dining at Explore Park for the initial term of the
agreement. Mr. Blount introduced Andy Bishop, one of the owners of Twin Creek
Brewery and Company.
Supervisor Peters thanked Mr. Bishop for being hear and his investment in
Explore Park and appreciated the great work of Mr. Blount.
There was no discussion.
ORDINANCE 051419-3 APPROVING A LEASE WITH ANBAJA
ENTERPRISES, TO PROVIDE FOOD AND BEVERAGE
SERVICES IN EXPLORE PARK AT BRUGH TAVERN
WHEREAS, the County is the Lessee of a ninety-nine year lease for Explore
Park, property owned by the Virginia Recreational Facilities Authority (“VRFA”), a
political subdivision of the Commonwealth of Virginia; and
WHEREAS, the purpose of the lease between the County and the VRFA is for
the County to provide and promote a high quality recreational attraction in the western
part of the Commonwealth; expand the historical knowledge of adults and children;
promote tourism and economic development in the Commonwealth; set aside and
conserve scenic and natural areas along the Roanoke River; preserve open-space land;
and enhance and expand research and educational programs; and
WHEREAS, the Roanoke County Department of Parks, Recreation and Tourism
(“PRT”) has devised a master plan (“Adventure Plan”) for the land leased by the County
in Explore Park to achieve the purpose of the County / VRFA Lease; and
WHEREAS, the Adventure Plan calls for design and implementation of various
outdoor recreation activities, including different types of food and beverage services;
specifically a craft brewery and bistro; and
WHEREAS, the County has solicited and negotiated contracts with various
vendors for ground leases and event contracts to implement the Adventure Plan; and
WHEREAS, Anbaja Enterprises, was the responsive bidder for the County’s
Request for Proposal (RFP) for, among other things, food and beverage services for
visitors to Explore Park at Brugh Tavern; and
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WHEREAS, the County has agreed to lease Brugh Tavern to Anbaja Enterprises,
so that the company may provide food and beverage services to visitors of Explore
Park; and
WHEREAS, such a lease will provide tangible and intangible benefits to the
County in the form of revenue and economic development.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That pursuant to the provisions of Sections 2.01 and 2.03 of the Charter of
Roanoke County, the County is authorized to acquire property, including the lease of
real estate; and
2. That pursuant to the provisions of Section 18.04 of the Charter of
Roanoke County, the acquisition of any interest in real estate shall be accomplished by
ordinance, the first reading of this ordinance was held on April 23, 2019, and the second
reading of this ordinance was held on May 14, 2019.
3. That the execution of a Lease Agreement (“Agreement”) with Anbaja
Enterprises to lease Brugh Tavern in Explore Park is authorized.
4. That the lease term shall commence on May 20, 2019, and continue for a
period of three years, with the option to renew for additional two successive 5-year
periods for a maximum of thirteen years, upon the same terms and conditions contained
in the Agreement, unless terminated as provided in the Agreement.
5. That the base rent shall be two percent of Anbaja Enterprises NET
revenue derived from its services in Brugh Tavern at Explore Park for the first six
months and then increase to four percent thereafter, annually, during the term of the
Agreement.
6. That the County Administrator, or an Assistant County Administrator, is
authorized to execute such documents and take such actions on behalf of the Board of
Supervisors in this matter as are necessary to accomplish the lease of this property, all
of which shall be approved as to form by the County Attorney.
8. That this ordinance shall be effective on and from the date of its adoption.
On motion of Supervisor Peters to adopt the ordinance, seconded by Supervisor
North and carried by the following recorded vote:
AYES: Supervisors Assaid, Hooker, Radford, Peters, North
NAYS: None
Supervisor Peters left the meeting at 4:29 p.m.
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2. Ordinance approving the acceptance of donations of land located
at 0 Virginia Deer Road (Tax Map Numbers 036.00-01-05.00-0000,
025.00-01-44.00-0000, 025.00-01-45.00-0000, 025.00-01-47.00-0000,
025.00-01-49.00-0000) and 0 Timberview Road (Tax Map Numbers
025.00-01-09.00-0000, 025.00-01-10.00-0000, 036.00-01-02.00-0000)
from Hinchee & Pace, LLC and Pathfinders for Greenways, Inc.
(Doug Blount, Director of Parks, Recreation and Tourism)
Mr. Blount outlined the ordinance and noted there was one change since
the first reading. They requested after the first reading that we should out a clause into
the deed that says the County agrees that if the property is ever diverted away from
open-space use, the County would reimburse VLCF any grant money received in
relation to the acquisition of the parcels. There was no discussion.
Liz Belcher, Greenway Coordinator, made a presentation to Nancy Pace
of a wood bowl that was made by a volunteer out of a tree that had fallen on the
property.
ORDINANCE 051419-4 APPROVING THE ACCEPTANCE OF
DONATIONS OF LAND LOCATED AT 0 VIRGINIA DEER ROAD
(TAX MAP NUMBERS 036.00-01-05.00-0000, 025.00-01-44.00-
0000, 025.00-01-45.00-0000, 025.00-01-47.00-0000, 025.00-01-
49.00-0000) AND 0 TIMBERVIEW ROAD (TAX MAP NUMBERS
025.00-01-09.00-0000, 025.00-01-10.00-0000, 036.00-01-02.00-
0000) FROM HINCHEE & PACE, LLC AND PATHFINDERS FOR
GREENWAYS, INC
WHEREAS, Hinchee & Pace LLC and Pathfinders for Greenways, Inc. jointly
own three (3) parcels of real property situated at Timberview Road, in Roanoke County,
Virginia (Catawba Magisterial District), bearing Tax Map Numbers 025.00-01-09.00-
0000, 025.00-01-10.00-0000, 036.00-01-02.00-0000; and
WHERAS, Hinchee & Pace LLC and Pathfinders for Greenways, Inc. jointly own
four (4) parcels of real property situated at 0 Virginia Deer Road, in Roanoke County,
Virginia (Catawba Magisterial District), bearing Tax Map Numbers 025.00-01-44.00-
0000, 025.00-01-45.00-0000, 025.00-01-47.00-0000, 025.00-01-49.00-0000; and
WHEREAS, Pathfinders for Greenways, Inc., owns one parcel of real property
situated at 0 VA Deer Road, in Roanoke County, Virginia (Catawba Magisterial District),
bearing Tax Map Number 036.00-01-05.00-0000; and
WHEREAS, Hinchee & Pace LLC and Pathfinders for Greenways, Inc. desire to
donate these eight properties to the County and the County desires to acquire these
properties for the purposes of developing, constructing, operating and maintaining a
public park and greenway system; and
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WHEREAS, deeds of gift have been prepared, providing for the donation of the
above-mentioned parcels to the County; and
WHEREAS, Section 18.04 of the Roanoke County Charter requires that the
acquisition and conveyance of real estate interests be accomplished by ordinance; the
first reading for this ordinance was held on April 23, 2019. The second reading of this
ordinance was held on May 14, 2019.
NOW THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That the County’s acceptance of Hinchee & Pace LLC’s and Pathfinders for
Greenways, Inc.’s joint donation of own three (3) parcels of real property situated
on Timberview Road, in Roanoke County, Virginia (Catawba Magisterial District),
bearing Tax Map Numbers 025.00-01-09.00-0000, 025.00-01-10.00-0000,
036.00-01-02.00-0000 is hereby approved.
2. That the County’s acceptance of Hinchee & Pace LLC’s and Pathfinders for
Greenways, Inc.’s joint donation of own four (4) parcels of real property situated
on 0 Virginia Deer Road, in Roanoke County, Virginia (Catawba Magisterial
District), bearing Tax Map Numbers 025.00-01-44.00-0000, 025.00-01-45.00-
0000, 025.00-01-47.00-0000, 025.00-01-49.00-0000 is hereby approved.
3. That the County’s acceptance of Pathfinders for Greenways, Inc.’s, donation of
one parcel of real property situated on 0 VA Deer Road, in Roanoke County,
Virginia (Catawba Magisterial District), bearing Tax Map Number 036.00-01-
05.00-0000 is hereby approved.
4. That the County Administrator, or any Assistant County Administrator, is hereby
authorized to execute such documents and take such actions on behalf of
Roanoke County in this matter as are necessary to accomplish the acquisition of
this real estate, all of which shall be approved as to form by the County Attorney.
On motion of Supervisor Hooker to adopt the ordinance, seconded by Supervisor
Radford and carried by the following recorded vote:
AYES: Supervisors Assaid, Hooker, Radford, North
NAYS: None
ABSENT: Supervisor Peters
IN RE: PUBLIC HEARING AND SECOND READING OF ORDINANCES
1. Ordinance authorizing the granting of a new public 15’ drainage
easement to the Board of Supervisors of Roanoke County, on
property owned by Mary S. Craighead, Donald Ray Craighead,
and Wanda Medlin, located at 4913 Colonial Avenue (Tax Map No.
87.05-05-18.00-0000), for the purpose of drainage improvements,
Cave Spring Magisterial District (Tarek Moneir, Acting Director of
Development Services)
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Mr. Moneir advised there were no changes since the first reading. There
was no discussion.
Chairman North opened and closed the public hearing with no citizens to
speak on this issue.
ORDINANCE 051419-5 AUTHORIZING THE GRANTING OF A
NEW PUBLIC 15’ DRAINAGE EASEMENT TO THE BOARD OF
SUPERVISORS OF ROANOKE COUNTY, ON PROPERTY
OWNED BY MARY S. CRAIGHEAD, DONALD RAY
CRAIGHEAD, AND WANDA MEDLIN, LOCATED AT 4913
COLONIAL AVENUE (TAX MAP NO. 87.05-05-18.00-0000), FOR
THE PURPOSE OF DRAINAGE IMPROVEMENTS, CAVE
SPRING MAGISTERIAL DISTRICT
WHEREAS, it appears that improvements to a drainage system located on
property located at 4913 Colonial Ave (Tax Map No. 87.05-05-18.00-000), in the Cave
Spring Magisterial District, are needed; and
WHEREAS, in order to assist Mary S. Craighead, Donald Ray Craighead, and
Wanda Medlin, the property owners, with such improvements and future maintenance,
the County has requested that the property owners grant a new 15’ public drainage
easement; and
WHEREAS, the property owners have agreed to convey the new public drainage
easement to the County; 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 April 23, 2019, and the second reading and
public hearing was held on May 14, 2019.
NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That the conveyance of a new 15’ public drainage easement by Mary S.
Craighead, Donald Ray Craighead, and Wanda Medlin to the Roanoke County Board of
Supervisors, in the Cave Spring Magisterial District, located at 4913 Colonial Ave. (Tax
Map No. 87.05-05-18.00-0000), containing approximately 3,951.65 square feet, is
hereby authorized and approved.
2. That the County Administrator, or any Assistant County Administrators,
either of whom may act, are authorized to execute, deliver and record the deeds, and
any other documents on behalf of the County, and to take all such further action as any
of them may deem necessary or desirable in connection with this project. The form of
the deed is hereby approved with such completions, omissions, insertions and changes
as the County Administrator may approve, whose approval shall be evidenced
conclusively by the execution and delivery thereof, all of which shall be approved as to
form by the County Attorney.
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3. That this ordinance shall be effective from and after the date of its
adoption.
On motion of Supervisor Assaid to adopt the ordinance, seconded by Supervisor
Hooker and carried by the following recorded vote:
AYES: Supervisors Assaid, Hooker, Radford, North
NAYS: None
ABSENT: Supervisor Peters
2. Ordinance accepting the conveyance of right-of-way to the Board
of Supervisors, for the extension of Huffman Lane, Vinton
Magisterial District (David Holladay, Planning Administrator)
Mr. Holladay advised there were no changes since the first reading.
There was no discussion.
Chairman North opened and closed the public hearing with no citizens to
speak on this issue.
ORDINANCE 051419-6 ACCEPTING THE CONVEYANCE OF
RIGHT-OF-WAY TO THE BOARD OF SUPERVISORS, FOR THE
EXTENSION OF HUFFMAN LANE, VINTON MAGISTERIAL
DISTRICT
WHEREAS, nine (9) adjacent land owners desired to donate portions of their
property in fee simple to the County of Roanoke for right-of-way purposes to improve
roadway and construct a turnaround at the terminus of Huffman Lane; and
WHEREAS, Steven E. and Patsy K. Greer; Brian L. and Jessica M. Wolfe; Brent
M. and Kimberly S. Chapin; Clay N. Leftwich; Jack Burwell, Nancy Young, Calvin
Burwell, David Burwell, John Burwell, Jr., and Felicia Burwell; Mary J.D. Burwell; and
Catherine M. McCain have freely and voluntarily executed deeds conveying portions of
their properties to the Board of Supervisors of the County of Roanoke, Virginia, thus
allowing the Board of Supervisors to obtain ownership of the property required for
purposes of road construction upon approval of this ordinance and recordation of a
deed; and
WHEREAS, Section 18.04 of the Roanoke County Charter directs that the
conveyance of real estate interests to the County of Roanoke be accomplished by
ordinance; the first reading of this ordinance was held on April 23, 2019, and the second
reading and public hearing was held on May 14, 2019.
NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That the donation from Steven E. and Patsy K. Greer of approximately
0.0588 acre of real estate for purposes of location and construction of Huffman Lane as
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shown on exhibit entitled “Exhibit A” showing right-of-way being conveyed to Board of
Supervisors, Roanoke County by Steven E. and Patsy K. Greer, Roanoke County Tax
Map Parcel #80.00-02-21.00 situated along Huffman Lane, Vinton Magisterial District,
Roanoke County, Virginia dated October 20, 2017, is hereby authorized and approved.
2. That the donation from Brian L. and Jessica M. Wolfe of approximately
0.0904 acre of real estate for purposes of location and improvements of Huffman Lane,
as shown on exhibit entitled “Exhibit B” showing right-of-way being conveyed to Board
of Supervisors, Roanoke County by Brian L. and Jessica M. Wolfe, Roanoke County tax
map parcel #80.03-01-32.00 situated along Huffman Lane, Vinton Magisterial District,
Roanoke County, Virginia dated October 20, 2017, is hereby authorized and approved.
3. That the donation from Brent M. and Kimberly S. Chapin of approximately
0.0506 acre of real estate for purposes of location and construction of Huffman Lane, as
shown on exhibit entitled “Exhibit C” showing right-of-way being conveyed to Board of
Supervisors, Roanoke County by Brent M. and Kimberly S. Chapin, Roanoke County
Tax Map Parcel #80.03-01-31.00 situated along Huffman Lane, Vinton Magisterial
District, Roanoke County, Virginia dated October 20, 2017, is hereby authorized and
approved.
4. That the donation Clay N. Leftwich of approximately 0.0991 acre of real
estate for purposes of location and construction of Huffman Lane, as shown on exhibit
entitled “Exhibit D” showing right-of-way being conveyed to Board of Supervisors,
Roanoke County by Clay N. Leftwich, Roanoke County Tax Map Parcel #80.03-01-
30.00 situated along Huffman Lane, Vinton Magisterial District, Roanoke County,
Virginia dated October 20, 2017, is hereby authorized and approved.
5. That the donation from Lana Bonds Estate of approximately 0.1684 acre
of real estate for purposes of location and construction of Huffman Lane, as shown on
exhibit entitled “Exhibit E” showing right-of-way being conveyed to Board of
Supervisors, Roanoke County by Lana Bonds Estate, Roanoke County Tax Map Parcel
#80.03-01-29.00 situated along Huffman Lane, Vinton Magisterial District, Roanoke
County, Virginia dated October 20, 2017, is hereby authorized and approved.
6. That the donation from Mary J.D. Burwell of approximately 0.0189 acre of
real estate for purposes of location and construction of Huffman Lane, as shown on
exhibit entitled “Exhibit F” showing right-of-way being conveyed to Board of Supervisors,
Roanoke County by Mary J.D. Burwell, Roanoke County Tax Map Parcel #80.00-02-
24.00 situated along Huffman Lane, Vinton Magisterial District, Roanoke County,
Virginia dated October 20, 2017, is hereby authorized and approved.
7. That the donation from Clay N. Leftwich of approximately 0.0113 acre of
real estate for purposes of location and construction of Huffman Lane, as shown on
exhibit entitled “Exhibit G” showing right-of-way being conveyed to Board of
Supervisors, Roanoke County by Clay N. Leftwich, Roanoke County Tax Map Parcel
#80.03-01-28.00 situated along Huffman Lane, Vinton Magisterial District, Roanoke
County, Virginia dated October 20, 2017, is hereby authorized and approved.
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189
8. That the donation from Clay N. Leftwich of approximately 0.0650 acre of
real estate for purposes of location and construction of Huffman Lane, as shown on
exhibit entitled “Exhibit H” showing right-of-way being conveyed to Board of
Supervisors, Roanoke County by Clay N. Leftwich, Roanoke County Tax Map Parcel
#80.03-01-27.00 situated along Huffman Lane, Vinton Magisterial District, Roanoke
County, Virginia October 20, 2017, is hereby authorized and approved.
9. That the donation from Catherine M. McCain of approximately 0.0835 acre
of real estate for purposes of location and construction of Huffman Lane, as shown on
exhibit entitled “Exhibit I” showing right-of-way being conveyed to Board of Supervisors,
Roanoke County by Catherine M. McCain, Roanoke County Tax Map Parcel #80.03-01-
26.00 situated along Huffman Lane, Vinton Magisterial District, Roanoke County,
Virginia dated October 20, 2017, is hereby authorized and approved.
10. That the County Administrator or Assistant County Administrator are
hereby authorized to execute such documents and take such actions in this matter as
are necessary to accomplish the donation of this real estate to the County of Roanoke,
all of which shall be approved as to form by the County Attorney.
On motion of Supervisor Assaid to adopt the ordinance, seconded by Supervisor
Peters and carried by the following recorded vote:
AYES: Supervisors Assaid, Hooker, Radford, North
NAYS: None
ABSENT: Supervisor Peters
IN RE: CONSENT AGENDA
RESOLUTION 051419-7 APPROVING AND CONCURRING IN
CERTAIN ITEMS SET FORTH ON THE BOARD OF
SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS
ITEM K- CONSENT AGENDA
BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as
follows:
That the certain section of the agenda of the Board of Supervisors for May 14,
2019, designated as Item K - Consent Agenda be, and hereby is, approved and
concurred in as to each item separately set forth in said section designated Items 1
through 3 inclusive, as follows:
1. Approval of minutes – March 12, 2019; March 26, 2019, April 9, 2019
2. Request to accept and appropriate funds in the amount of $4,000 from the
Cave Spring Volunteer Rescue Squad to the General Services Capital
Maintenance Program
May 14, 2019
190
3. Confirmation of appointments to the Budget and Fiscal Affairs Committee
(District); Economic Development Authority (EDA)(District); Library Board
(District); Parks, Recreation and Tourism (District) and Western Virginia
Water Authority (At-Large)
On motion of Supervisor Radford to adopt the resolution, seconded by
Supervisor Assaid and carried by the following recorded vote:
AYES: Supervisors Assaid, Hooker, Radford, North
NAYS: None
ABSENT: Supervisor Peters
A-051419-7.a
A-051419-7.b
IN RE: CITIZENS’ COMMENTS AND COMMUNICATIONS
Catherine Joslyn of 4349 Duck Pond Road in Salem, Virginia stated she is
here about the waste management program. On November 7, 2019, Dan Miles of
RVRA posted on Facebook that he was having problems with the tipper. He has taken
$18 million of our money and $8 more million to complete this project. She has
complained to the Virginia Game and Inland Fisheries about waste management
polluting our waterways and they referred her to the DEQ to report it. So, she reported
it and she also questioned why are we having a landfill on a fault line. In a watershed,
that is Mason’s Creek that goes into the Roanoke River that goes past Explore Park into
Smith Mountain Lake, we are polluting our water. She has filed with the float fisherman
of Virginia, our conservation officer and she has filed with the EPA. No response from
the EPA. RVRA did not have the permits or the permission or the Board of Supervisor’s
permission. The haulers are in violation of VDOT and Federal Motor Carrier Safety
Regulations and EPA. The trailer do not fall under OSHA or EPA approval of carrying
hazardous waste. Again, she went to DEQ, who knew nothing about it and she went to
the VGIF and the Float Fisherman of Virginia. The conservation officer is also on the
Roanoke County Water Storm System Board and he and I and the DEQ are getting no
results from this. The Blue Ridge Outdoor Magazine, waste management is taking the
Appalachian Trail and the Appalachian Trail goes from Nova Scotia down to Georgia.
They are putting pipeline in and out of it. They are cracking. They are putting waste
management into the holes of the cracking and this is waste management. This fossil
fuel technology has got to end. This is her fourth time here and she is telling the Board
they are out of the law, the CEO’s, our government and waste management. They are
3p’s for your information. We are in violation.
IN RE: REPORTS
May 14, 2019
191
Supervisor Hooker moved to receive and file the following reports. The
motion was seconded by Supervisor Radford and carried by the following recorded
vote:
AYES: Supervisors Assaid, Hooker, Radford, Peters, North
NAYS: None
1. Unappropriated, Board Contingency and Capital Reserves Report
2. Outstanding Debt Report
IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS
Supervisor Hooker gave a quick shout out to a Cave Spring Elementary
Student who won the National PTA Reflections Competition. It is the fifth grader Allie
Burrow, who was the winner of the 2018-2019 “Heroes Around Me” competition. Her
entry was a photo of her sister, Meg, a special needs students who currently attends
preschool at Cave Spring Elementary. Thank you for that submission and
congratulations to Allie. The second item is that she met with the Catawba Ruritan
several weeks ago and there was some commentary about the expansion of the shelter
and what it took to make it happen and there was a lot of gratitude to a couple of donors
and long-time members of the community and with that there was an overwhelming
desire to name this shelter the Garman-Layman Shelter and with the permission of the
Chairman she has a couple of things to say about each one of Ms. Lucille Brillhart
Garman was born in 1920 and raised in the Catawba Valley. She taught at the
Catawba School, basically every child in the Catawba valley during her thirty (30) year
career as a teacher at the Catawba School. She was very instrumental in working with
the Catawba Ruritan Club and worked to convert it to the current community center.
She was also very active in her church, the United Methodist Women’s group and she
recently passed away in January of 2019. Mr. Robert Laymen was also born and raised
in the Catawba Valley. He was a graduate of the Catawba School also and he was an
active member of the Ruritan Club and exemplified the standards of the club by giving
back to the community. Upon Mr. Layman’s passing, a very generous monetary gift
from his estate was left to the Catawba Valley Ruritan Club and because of this gift,
they are able to give scholarships for graduating seniors is ensured to continue for
many years to come. They are using some of this donation for this expansion and with
that she would like to make a request of staff to bring us the necessary papers or
ordinance that needs to be followed through. There was a consensus of our Board to
follow-through with this naming of the shelter the Garman-Layman Shelter.
Supervisor Radford advised that for four years part of his civic duty he has
been representing the United Stated Naval Academy as a Blue and Gold Officer. He
May 14, 2019
192
has been covering South West Virginia the whole time and he was given Roanoke
County’s Schools, public and private, this past year and he is happy to report that a
Roanoke County student got a full appointment to the United Stated Naval Academy.
His name is Paul Kleuger and lives in his district of Windsor Hills and he will be
attending starting in July. He also attends Roanoke Catholic. Welcome Paul.
IN RE: CLOSED MEETING
At 4:45 p.m., Supervisor North moved to go into closed pursuant to the
Code of Virginia Section 2.2-3711 A 3, Discussion or consideration of the acquisition of
real property for a public purpose, or of the disposition of publicly held real property,
where discussion in an open meeting would adversely affect the bargaining position or
negotiating strategy of the public body, namely the Public Service Center project and
Section 2.2-3711.A.3, Discussion or consideration of the acquisition of real property for
a public purpose, or of the disposition of publicly held real property, where discussion in
an open meeting would adversely affect the bargaining position or negotiating strategy
of the public body, namely Explore Park and Section 2.2-3711.A.5, Discussion
concerning a prospective business or industry or the expansion of an existing business
or industry where no previous announcement has been made of the business’ or
industry’s interest in locating or expanding its facilities in the community, namely a
performance agreement with a potential developer in the Cave Spring area
The motion was seconded by Supervisor Hooker and carried by the
following recorded vote:
AYES: Supervisors Assaid, Hooker, Radford, North
NAYS: None
ABSENT: Supervisor Peters
th
At 4:46 p.m. Chairman North recessed to the 4 floor for closed meeting.
The closed session was held from 5:04 p.m. until 6:28 p.m.
Supervisor Peters rejoined the closed session at 5:12 p.m.
IN RE: CERTIFICATION RESOLUTION
At 6:28 p.m., Supervisor North moved to return to open session and to
adopt the certification resolution.
RESOLUTION 051419-8 CERTIFYING THE CLOSED MEETING
WAS HELD IN CONFORMITY WITH THE CODE OF VIRGINIA
May 14, 2019 193
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 22-3712 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 member's
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 North to adopt the resolution, seconded by Supervisor
Hooker and carried by the following recorded vote:
AYES: Supervisors Assaid, Hooker, Radford, Peters, North
NAYS: None
IN RE: ADJOURNMENT
Chairman North adjourned the meeting at 6:29 p.m.0emitted by: Approved by:
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De•orah C. :c,' '�it C. No h
Chief Deputy C z to the Board Chairman
May 14, 2019
194
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