12/18/2001 - Regular
December 18, 2001
709
Roanoke County Administration Center
5204 Bernard Drive
Roanoke, Virginia 24018
December 18, 2001
The Board of Supervisors of Roanoke County, Virginia, met this day at the
Roanoke County Administration Center, this being the third Tuesday and the second
regularly scheduled meeting of the month of December, 2001.
IN RE: CALL TO ORDER
Chairman Minnix called the meeting to order at 3:00 p.m. The roll call was
taken.
MEMBERS PRESENT: Chairman H. Odell "Fuzzy" Minnix, Vice-
Chairman Joseph Butch Church, Supervisors
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Bob L. Johnson, Joseph McNamara, Harry C.
Nickens
MEMBERS ABSENT: None
STAFF PRESENT: Elmer C. Hodge, County Administrator; Paul
M. Mahoney, County Attorney; Brenda J. Holton,
Deputy Clerk to the Board; John M. Chambliss,
Assistant County Administrator; Dan R.
ODonnell, Assistant County Administrator; Kathi
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B. Scearce, Community Relations Director
IN RE: OPENING CEREMONIES
The invocation was given by John M. Chambliss, Jr.,
December 18, 2001
710
Assistant County Administrator.
The Pledge of Allegiance was recited by all
present.
IN RE: REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF
AGENDA ITEMS
Mr. Hodge asked to move the item requesting an extension of
the Springwood Performance Agreement to the evening session.
IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND
PRESENTATIONS
1. Resolution of Congratulations to Brandy Bailey,
Northside High School graduate, for her outstanding
athletic achievements.
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Chairman Minnix presented the resolution to Ms. Bailey. Her
family, Principal Journell and Coach Lynn Richmond were also present.
Chairman Minnix moved to adopt the resolution. The motion carried by the
following recorded vote:
AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix
NAYS: None
December 18, 2001
711
RESOLUTION 121801-1 OF CONGRATULATIONS TO BRANDY BAILEY,
NORTHSIDE HIGH SCHOOL GRADUATE, FOR HER OUTSTANDING
ATHLETIC ACHIEVEMENTS
WHEREAS, Brandy Bailey, a 2001 Northside High School graduate, has
excelled in softball, being named to the School Sports Softball All-America team; and
WHEREAS, Ms. Bailey was one of six pitchers selected to the 19-player All-
America squad and one of only seven players chosen from states east of the Mississippi
River; and
WHEREAS, Ms. Bailey finished her high school career with a record of 26-1,
with 12 no-hitters, an 0.03 earned run average and 344 strikeouts in 189 innings; and
WHEREAS, Ms. Bailey was further recognized for her softball achievements
by being named Timesland Softball Player of the Year, Most Valuable Player for the West
in the Virginia High School Coaches Association All-Star softball game; and a two-time
Gatorade Virginia Player of the Year; and
WHEREAS, Ms. Bailey also helped the Lady Gators of West Palm Beach,
Florida, win the Pony League national championship in Sterling, Virginia, during a 64-
team, week-long tournament in July, 2001.
NOW, THEREFORE BE IT RESOLVED that the Board of Supervisors of
Roanoke County, Virginia expresses its congratulations to BRANDY BAILEY for her
outstanding athletic achievements while a student at Northside High School; and
FURTHER, the Board of Supervisors wishes her continued success in both
athletics and academics as she continues her education at Mississippi State University.
On motion of Supervisor Minnix to adopt the resolution, and carried by the
following recorded vote:
AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix
NAYS: None
2. Resolution of Congratulations to Koppers Industries
for receiving the Environmental Compliance Award
for 2001 and the Directors Award of Safety
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Excellence.
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December 18, 2001
712
Chairman Minnix presented the resolution to Plant Manager
Mark Franck. Mr. Franck thanked Melinda Cox, Economic Development
Specialist, for taking time to highlight their operation and advised that
he was accepting the resolution on behalf of their 45 employees.
Chairman Minnix moved to adopt the resolution. The motion carried by the
following recorded vote:
AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix
NAYS: None
RESOLUTION 121801-2 OF CONGRATULATIONS TO KOPPERS
INDUSTRIES FOR RECEIVING THE 2001 ENVIRONMENTAL
COMPLIANCE AND THE DIRECTORS AWARD OF SAFETY
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EXCELLENCE
WHEREAS, Koppers built their plant in 1955 to supply pressure treated wood
products to the Norfolk & Western Railroad, now Norfolk Southern; and
WHEREAS, the Roanoke Valley Koppers Industries plant, with 45
employees, is one of 14 treating plants located throughout the United States supplying
pressure treated wood products; and
WHEREAS, the Roanoke Valley plant processes between 750,000 and
1,000,000 ties per year and provides fabricated pressure treated railroad tressle bridge
timbers throughout the Norfolk Southern system; and
WHEREAS, Koppers emphasizes training employees with a Safety, Health
and Environmental Program at their plant, training employees to protect the environment
and other aspects including job operating procedures and safety procedures; and
WHEREAS, the President and Chief Executive Officer of Koppers has
established an initiative known as the Community Advisory Panel (CAP) begun in 2001 to
meet with the community to discuss issues of mutual interest and assist the company in the
way they do business; and
WHEREAS, the Roanoke Koppers Plant was recently the recipient of two
very special awards recognizing their environmental and safety record:
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The Environmental Excellence Award for receiving no violations from the
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Resource and Recovery Act inspections held in 2000 and 2001 which covers
plant inspections, employee training and documentation.
The Directors Award of Safety Excellence in recognition of 100,000 man
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hours with no injury of any kind, with a total accumulation of 119,448 safe
man hours.
NOW, THEREFORE BE IT RESOLVED, that the Board of Supervisors of
Roanoke County, Virginia, extends its sincere congratulations to Koppers Industries for
their environmental and safety record and for receiving these recognitions; and
FURTHER, the Board of Supervisors expresses its appreciation to Koppers
Industries for donating two separate $5,000 community service awards they received to the
County of Roanoke.
On motion of Supervisor Minnix to adopt the resolution, and carried by the
following recorded vote:
AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix
NAYS: None
3. Resolution of Congratulations to Read Mountain
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Volunteer Fire & Rescue Department upon its 10
anniversary.
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Chairman Minnix presented the resolution to Chief Adam
Fleming, Read Mountain Fire & Rescue Department. Mr. Hodge advised
that this was the project that began regional cooperation particularly in
fire and rescue and congratulated Botetourt County and Roanoke
County on the work that has been done in this joint project.
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Chief Burch presented the Board members with American
flags which were put in each fire station by Sams on the Market in
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memory of the tragic events that happened on September 11, 2001.
Supervisor Johnson moved to adopt the resolution. The motion carried by
the following recorded vote:
AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix
NAYS: None
RESOLUTION 121801-3 OF CONGRATULATIONS TO READ MOUNTAIN
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FIRE & RESCUE DEPARTMENT UPON ITS 10 ANNIVERSARY
WHEREAS, the Read Mountain Fire & Rescue Department was established
in 1991 in a joint effort by Botetourt and Roanoke Counties to serve portions of Southwest
Botetourt County and East Roanoke County; and
WHEREAS, the Read Mountain Fire & Rescue Department serves the
communitys needs in cases of vehicle accidents, commercial and residential fires and a
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variety of emergency situations; and
WHEREAS, the Read Mountain Fire & Rescue Department is a public
department whose members serve on a volunteer status to protect 7,000 people living in
an area of 32 square miles; and
WHEREAS, in 1992, the Read Mountain Fire & Rescue Department
implemented a First Responder Program to provide patients with Basic Life Support and
stabilization until an ambulance could arrive to provide transport; and.
WHEREAS, in 1993, the Read Mountain Fire & Rescue Department
upgraded the First Responder Program to Advanced Life Support enabling the Shock
Trauma Technicians, Cardiac Technicians, and Paramedics to use ALS skills critical to
many patients; and
WHEREAS, in 1997, the Read Mountain Fire & Rescue Department
researched, planned and implemented ambulance transport service to further enhance
patient care and service to the community; and
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WHEREAS, after ten years, the Read Mountain Fire & Rescue Department
remains steadfast in its commitment to the community to provide quality fire protection and
emergency medical care; and continuing this progress, Read Mountain has added one
new pumper and one new ambulance to its fleet.
NOW, THEREFORE BE IT RESOLVED, that the Board of Supervisors of
Roanoke County, Virginia, extends its sincere congratulations to the Read Mountain Fire &
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Rescue Department on its 10 anniversary in the Roanoke Valley; and
FURTHER, the Board of Supervisors expresses its appreciation to the
members of the Read Mountain Fire & Rescue Department for their dedication and vital
contributions to the safety and well-being of all citizens.
On motion of Supervisor Johnson to adopt the resolution, and carried by the
following recorded vote:
AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix
NAYS: None
4. Resolution of Appreciation to Bob L. Johnson for
sixteen years service on the Roanoke County Board of
Supervisors.
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Chairman Minnix presented the resolution to Supervisor
Johnson and Mr. Hodge presented a gift to him. Supervisor Johnson
thanked the Board and Mr. Hodge and introduced his family. He
presented Mr. Hodge with a check for his pledge of $100 for each of his
grandchildren for Read Mountain preservation. He thanked staff,
particularly Mr. Hodge and Mr. Mahoney, for their work on behalf of the
County and thanked the citizens for the privilege of serving them
December 18, 2001
716
through the years. Chairman Minnix announced that a reception was
being held for Supervisor Johnson and his family immediately following
the afternoon session.
Supervisor Church moved to adopt the resolution. The motion carried by the
following recorded vote:
AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix
NAYS: None
RESOLUTION 121801-4 OF APPRECIATION TO BOB L. JOHNSON FOR
HIS SERVICES AS A MEMBER OF THE BOARD OF SUPERVISORS
FROM 1986 TO 2001
WHEREAS, Bob L. Johnson was first elected to the Board of Supervisors of
Roanoke County from the Hollins Magisterial District in November 1985, serving from
January 1, 1986 to December 31, 2001.
WHEREAS, Supervisor Johnson served the County of Roanoke tirelessly
and selflessly for a period of sixteen years, devoting many hours to the business of
Roanoke County as a member of the Board of Supervisors, and
WHEREAS, during his tenure on the Board, Supervisor Johnson was
elected Chairman of the Board of Supervisors in 1987, 1996, 1997, 1998 and 1999; and
WHEREAS, prior to his election, Supervisor Johnson was a member of the
Roanoke County Planning Commission and after being elected, he served with distinction
on the Roanoke Valley Airport Commission, the Clean Valley Council, the Roanoke Valley-
Alleghany Regional Commission, the Roanoke Valley Convention and Visitors Bureau and
Virginias First Regional Industrial Facilities Authority; and
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WHEREAS, during Supervisor Johnsons sixteen years on the Board, the
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County accomplished many important projects including:
The Implementation of the E-911 emergency system
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The creation of the Roanoke County Police Department
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Construction of the Smith Gap Landfill
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The establishment of the Roanoke Regional Airport Commission
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The permitting and construction of the Spring Hollow Reservoir
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$100 million in school capital construction projects including the new
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Bonsack Elementary School, new Hidden Valley High School and additions
to Glenvar High School and Northside High Schools and renovations to
many other County schools.
WHEREAS, during Supervisor Johnsons terms, the County was named an
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All America City, celebrated its Sesquicentennial, and completed other major renovations
or construction projects including the new Administration Center, the Brambleton Center,
new and expanded libraries at Blue Ridge and Hollins and new and expanded Fire/EMS
facilities at Read Mountain and Hollins; and
WHEREAS, many regional initiatives were begun or completed during
Supervisor Johnsons tenure including a regional fire training center, a regional firing
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range, a regional juvenile detention center, a water use contract with the City of Roanoke,
and a series of regional greenways.
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of
Roanoke County, Virginia, on behalf of all its citizens, does hereby extend its gratitude and
appreciation to Bob L. Johnson for his many significant contributions to the County as a
member of the Board of Supervisors; and
FURTHER, the Board of Supervisors wishes Supervisor Johnson continued
success in his future endeavors.
On motion of Supervisor Church to adopt the resolution, and carried by the
following recorded vote:
AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix
NAYS: None
IN RE: BRIEFINGS
1. Annual briefing by the Blue Ridge Behavioral
Healthcare. (Gary Kelly, Roanoke County Board
Member)
Mr. Kelly advised that Rita Gliniecki, another representative
from Roanoke County and an officer on the Board, and Jim Sikkema,
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Executive Director, were present. He advised that during the year ended
June 30, 2001, BRBH staff delivered 147,195 units of service to 3,203
local residents at a value of $3,583,121. The Countys local tax
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contribution to the agencys operation was $79,332 which means that
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County residents received $45.17 worth of services for each tax dollar
allocated. This is an increase of $13.71 per tax dollar over last year.
IN RE: NEW BUSINESS
1. Approval of resolution adopting a Legislative Program
for the 2002 General Assembly session. (Paul
Mahoney, County Attorney)
R-121801- 5
Mr. Mahoney advised that on December 4, 2001, in a work session, the
Board reviewed the proposed legislative program for 2002 and that based on those
discussions, he drafted two resolutions. Resolution #1 is limited to requesting increased
funding from the General Assembly for three things (1) education, (2) Explore Park and (3)
various other local programs (HB 599/law enforcement funding, comprehensive services
act, and juvenile detention facilities). Resolution #2 is longer and more detailed and is
requesting several other specific actions which the Board appeared to support during the
December 18, 2001
719
work session. After some discussion, Supervisor Church suggested that Paragraph C.1
from Resolution #2 be added to Resolution #1 as the fourth request.
Supervisor Nickens moved to adopt Resolution #1 as amended by
Supervisor Church to add Paragraph 4 from Resolution #2. The motion carried by the
following recorded vote:
AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix
NAYS: None
RESOLUTION 121801-5 ADOPTING A LEGISLATIVE
PROGRAM FOR THE 2002 SESSION OF THE VIRGINIA
GENERAL ASSEMBLY, AND PETITIONING THE GENERAL
ASSEMBLY TO FAVORABLY CONSIDER THE TOPICS AND
ISSUES ADDRESSED HEREIN
WHEREAS, the Board of Supervisors of Roanoke County,
Virginia, has identified major legislative issues of state-wide concern to
be considered by the 2002 session of the Virginia General Assembly;
and
WHEREAS, the Board adopts this resolution as its Legislative
Program for the 2002 session of the Virginia General Assembly.
NOW, THEREFORE, Be It Resolved by the Board of
Supervisors of Roanoke County, Virginia, that the following legislative
initiatives are submitted for its legislative program for the 2002 session
of the Virginia General Assembly for its favorable consideration and
adoption.
1) Roanoke County requests enhanced funding for
public education to address the problems identified in the JLARC study
of elementary and secondary school funding. The General Assembly
should increase funding for capital construction and renovation projects
based upon the localitys local effort in support of these capital projects.
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2) Roanoke County requests funding for the Virginia
Recreational Facilities Authority (Explore Park) and Blue Ridge Parkway
Interpretive Center Exhibits.
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720
3) Roanoke County supports continued and increased
funding for the Comprehensive Services Act, the Virginia Community
Juvenile Crime Control Act, the Family Preservation Act, regional
juvenile detention facilities, local police departments (HB 599 funding),
and funding to replace reductions in the 2001 appropriation act for the
Regional Competitiveness Act.
4) Roanoke County requests amending Sec. 15.2-901
(removal or disposal of trash, cutting of grass and weeds) and Sec.
15.2-904 (inoperative motor vehicles) to allow local governments to
adopt an ordinance providing that violations of these provisions shall be
subject to civil penalties in lieu of criminal sanctions. Roanoke County
has adopted an ordinance providing for civil penalties for violations of
erosion and sediment control provisions (see Sec. 10.1-562.J), and this
enforcement approach is far more effective in resolving these
complaints. Applying the civil penalties to certain public nuisances may
be more effective than criminal sanctions.
II.
That the Clerk to the Board of Supervisors is directed to send
a certified copy of this resolution to Senator John S. Edwards, Senator
Malfourd W. "Bo" Trumbo, Delegate H. Morgan Griffith, Delegate Clifton
"Chip" Woodrum, Delegate A. Victor Thomas; Mary F. Parker, Roanoke
City Clerk; Members of the Roanoke City Council; Forest Jones, Clerk for
Salem City Council; Members of the Salem City Council; Clerk for the
Town of Vinton; Members of the Vinton Town Council and the Roanoke
Valley-Alleghany Regional Commission, and the Virginia Association of
Counties.
On motion of Supervisor Nickens to adopt the resolution as amended by
Supervisor Church, and carried by the following recorded vote:
AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix
NAYS: None
2. Request for extension of Springwood Performance
Agreement. (Elmer Hodge, County Administrator)
This item was heard during the evening session.
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721
IN RE: REQUEST FOR PUBLIC HEARINGS AND FIRST READING
OF REZONING ORDINANCES - CONSENT AGENDA
1. First reading of ordinance to obtain a Special Use
Permit for 2.24 acres for an accessory apartment
located at 2929 Elderwood Road, Catawba
Magisterial District, upon the petition of Robert Finck.
There was no discussion. Supervisor Church moved to approve the first
reading and set the second reading and public hearing for January 22, 2001, subject to the
organizational meeting. The motion carried by the following recorded vote:
AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix
NAYS: None
IN RE: SECOND READING OF ORDINANCES
1. Second reading of ordinance authorizing acquisition
of property along the West Roanoke River and
appropriation of $186,876 grant for flood mitigation
assistance. (George Simpson, Assistant Community
Development Director)
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December 18, 2001
722
There was no discussion. Supervisor Johnson thanked Mr. Simpson for his
assistance on this project.
Supervisor Nickens moved to adopt the ordinance. The motion carried by the
following recorded vote:
AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix
NAYS: None
ORDINANCE 121801-6 APPROVING THE WEST ROANOKE
RIVER FLOOD MITIGATION PROJECT, PHASE I,
ACCEPTING A FLOOD MITIGATION GRANT OF $186,876
FROM FEMA AND APPROPRIATING THE GRANT TO THIS
PROJECT, AUTHORIZING THE COUNTYS MATCH OF
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$62,290 TO BE PAID THROUGH FUNDS AND IN-KIND
LABOR FROM THE DEPARTMENT OF COMMUNITY
DEVELOPMENT, AND AUTHORIZING THE ACQUISITION
OF REAL ESTATE TO REDUCE THE NUMBER OF
STRUCTURES IN THE ROANOKE RIVER FLOOD PLAIN
WHEREAS, Roanoke County has been awarded a grant from
the Federal Emergency Management Agency (FEMA) to purchase flood-
prone homes along the Roanoke River in west Roanoke County; and
WHEREAS, the purpose of the West Roanoke River Flood
Mitigation Grant (the Grant) is to reduce the number of structures
located in the flood plain and subject to repetitive flooding damages;
and,
WHEREAS, staff has identified four homes for acquisition,
based upon the severity of flooding and flooding depths; and
WHEREAS, the real estate to be acquired is located within the
Roanoke River flood plain and this area has been identified in the
Regional Stormwater Management Plat for acquisition based on severity
of flooding; and
WHEREAS, Section 18.04 of the Roanoke County Charter
directs that the acquisition of real estate be accomplished by ordinance;
December 18, 2001
723
the first reading of this ordinance was held on December 4, 2001, and
the second reading was held on December 18, 2001.
NOW, THEREFORE, be it ordained by the Board of
Supervisors of Roanoke County, Virginia, as follows:
1. That the West Roanoke River Flood Mitigation Project,
Phase I, is hereby approved.
2. That a Flood Mitigation Grant of $186,876 from FEMA
is hereby accepted and appropriated to implement this Project and the
Countys share, in the amount of $62,290, is hereby approved to be paid
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through funds available in the Flood Reduction and Drainage Control
capital account and through in-kind labor from the Department of
Community Development.
3. That the acquisition of real estate, referenced by tax
map number, from the following property owners, their successors or
assigns, is hereby authorized:
TAX MAP NO. PROPERTY ADDRESS OWNER
64.02-1-13 Underwood, Winston L.
64.02-1-14
64.02-1-15 4754 Poor Mountain Road
64.02-1-16
64.04-2-35 Patterson, David &
Debra A.
64.04-2-36 4679 West River Road
64.04-2-37
64.04-2-38 4665 West River Road Newcomb,
Thomas Lee & Barbara
64.04-2-39 4655 West River Road Findley, John K. &
Wynona S.
4. That the consideration for each real estate acquisition
shall not exceed a value to be determined by an independent fair market
value appraisal; and
December 18, 2001
724
5. That the consideration for each real estate acquisition
shall be paid from the West Roanoke River Flood Mitigation Project,
Phase I, Grant funds and Countys match, not to exceed and subject to
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the amount of funds available; and
6. That in order to accomplish the provisions of the Grant
and ordinance, the Board hereby adopts by reference the County of
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Roanoke Hazard Mitigation Grant Program - Acquisition Policy, which
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establishes the procedures and requirements by which acquisition of all
real estate shall be accomplished. The Board may amend this policy
from time to time by resolution; and
7. That the County Administrator, or any Assistant County
Administrator, is hereby authorized to execute such documents and take
such actions as may be necessary to accomplish these acquisitions, all
of which shall be on form approved by the County Attorney.
On motion of Supervisor Nickens to adopt the ordinance, and carried by the
following recorded vote:
AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix
NAYS: None
2. Second reading of ordinance authorizing the donation
of an easement to Cox Communication for Cable TV
and internet service in the Bent Mountain area.
(Anne Marie Green, General Services Director)
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There was no discussion. Supervisor Johnson moved to adopt the
ordinance. The motion carried by the following recorded vote:
AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix
NAYS: None
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725
ORDINANCE 121801-7 AUTHORIZING DONATION OF AN
EASEMENT AREA TO COXCOM, INC. TO PROVIDE CABLE
TV AND INTERNET CONNECTION TO THE BENT
MOUNTAIN FIRE STATION, IN THE WINDSOR HILLS
MAGISTERIAL DISTRICT
WHEREAS, CoxCom, Inc. has requested the donation of an
easement area for the location of a ground mount power supply to
allow the extension of cable and internet service to the Bent Mountain
area of Roanoke County, said easement area to be located on property
owned by the Roanoke County Board of Supervisors known as the Bent
Mountain Fire Station in the Windsor Hills Magisterial District; and,
WHEREAS, the proposed easement area will serve the
interests of the public and is necessary for the public health, safety, and
welfare of citizens of the County of Roanoke.
THEREFORE, BE IT ORDAINED by the Board of Supervisors of
Roanoke County, Virginia, as follows:
1. That pursuant to the provisions of Section 18.04 of the
Roanoke County Charter, the acquisition and disposition of real estate
can be authorized only by ordinance. A first reading of this ordinance
was held on December 4, 2001; and a second reading was held on
December 18, 2001.
2. That pursuant to the provisions of Section 16.01 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 donation to CoxCom, Inc. for the location of a
ground mount power supply for the provision of cable and internet
service in the Bent Mountain area of Roanoke County.
3. That donation of an easement, in a square shape of 10'
x 10', for installation of a ground mount power supply on the property
known as the Bent Mountain Fire Station (Tax Map No. 103.00-3-47),
to Cox Communications is hereby authorized and approved.
4. That the County Administrator or Assistant County
Administrator is hereby authorized to execute such documents and take
such further actions as may be necessary to accomplish this
conveyance, 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.
December 18, 2001
726
On motion of Supervisor Johnson to adopt the ordinance, and carried by the
following recorded vote:
AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix
NAYS: None
IN RE: CONSENT AGENDA
R-121801-8
Supervisor McNamara moved to adopt the Consent Resolution. The motion
carried by the following recorded vote:
AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix
NAYS: None
RESOLUTION 121801-8 APPROVING AND CONCURRING IN CERTAIN
ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA
FOR THIS DATE DESIGNATED AS ITEM J -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 18, 2001, 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 4, inclusive, as follows:
1. Acceptance of sewer facilities serving Joans Estate, Professional
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Coordinated Services, Inc.
2. Appropriation of Compensation Board reimbursement for additional
capital purchase for the Commonwealth Attorneys Office.
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3. Donation of a pump station lot, Longridge Subdivision, Windsor Hills
Magisterial District, from Frank D. Porter, III and Beverly V. Porter.
December 18, 2001
727
4. Ratification of appointment to the Community Policy and Management
Team.
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, McNamara, Church, Nickens, Minnix
NAYS: None
IN RE: REQUESTS FOR WORK SESSIONS
1. Request to hold a work session at first meeting in
January, subject to the organization meeting, to
discuss proposed revision of Subdivision Ordinance.
It was the consensus of the Board to have a work session on
January 8, 2002, subject to the organizational meeting.
IN RE: REPORTS
Supervisor Johnson moved to receive and file the following reports. The
motion carried by the following recorded vote:
AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix
NAYS: None
1. General Fund Unappropriated Balance
December 18, 2001
728
Supervisor Johnson advised that when he first became a
member of the Board, the balance was $35,000 and now it is
$9,159,918.
2. Capital Fund Unappropriated Balance
3. Board Contingency Fund
4. Future School Capital Reserve
5. Schedule of Expenditures and Estimated and Actual
Revenues for the month ended November 30, 2001
6. Accounts Paid - November 2001
7. Proclamation signed by the Board
IN RE: CLOSED MEETING
pursuant
At 4:10 p.m., Supervisor Minnix moved to go into Closed Meeting
to Code of Virginia 2-2-3711 A (7) consultation with legal counsel and
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briefings by staff members pertaining to probable litigation, namely
boundary adjustment or annexation with the City of Salem; 2-3711 A
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(7) consultation with legal counsel and briefings by staff members
pertaining to probable litigation, namely the correction of problems at
the regional sewage treatment plant; and 2.2-3711 A (3) discussion of
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the disposition of publicly held real estate.
The motion carried by the following
December 18, 2001
729
recorded vote:
AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix
NAYS: None
IN RE: CLOSED MEETING
The Closed Meeting was held from 4:20 p.m. until 5:07 p.m.
IN RE: RECEPTION FOR SUPERVISOR JOHNSON
The reception was held from 5:10 p.m. until 5:40 p.m.
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IN RE: WORK SESSION (4 FLOOR CONFERENCE ROOM)
1. Work Session on Debt. (Diane Hyatt, Chief Financial
Officer, and Danial Morris, Finance Director)
The work session was held from 5:40 p.m. until 6:25 p.m.
and was presented by Ms. Hyatt and Mr. Morris. A packet of
information was distributed and the information on the following topics
presented: (1) current outstanding debt; (2) review of Debt Policy; (3)
debt ratios; (4) debt issued over the last ten years; (5) potential for
refinancing current debt and (6) a review of the ability to pay for future
debt. The Board asked Ms. Hyatt and Mr. Morris to present this same
December 18, 2001
730
information in a work session at one of the School Board meetings.
IN RE: CLOSED MEETING
At 6:25 p.m., Supervisor Minnix moved to return to open session and go into
pursuant to Code of Virginia 2-2-3711 A (7) consultation
Closed Meeting
'
with legal counsel and briefings by staff members pertaining to
probable litigation,
Springwood Performance Agreement. The motion carried by the
following recorded vote:
AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix
NAYS: None
IN RE: CLOSED MEETING
The closed meeting was held from 6:25 p.m. until 7:00 p.m.
IN RE: CERTIFICATION RESOLUTION
R-121801-9
At 7:00 p.m., Supervisor Minnix moved to return to open session and adopt
the Certification Resolution. The motion carried by the following recorded vote:
AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix
NAYS: None
December 18, 2001
731
RESOLUTION 121801-9 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 2.2-3712 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 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 Minnix to adopt the resolution, and carried by the
following recorded vote:
AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix
NAYS: None
IN RE: PUBLIC HEARINGS
1. Public hearing for citizen comment on Secondary
Road System Six-Year Construction Plan for Fiscal
Years 2002 through 2008 and the allocation of funds
for Fiscal Year 2002-2003. (Arnold Covey,
Community Development Director)
December 18, 2001
732
Mr. Hodge advised that one item needed to be addressed
before the presentation of the Six-Year Plan. He and Supervisor Minnix
met recently with the Colonial Avenue residents regarding the proposed
improvement to Colonial Avenue by the Virginia Department of
Transportation. He asked that the Board defer any action on Colonial
Avenue in the Six-Year Plan for ninety days so that the citizen group
could continue their efforts to work with VDOT on the plans.
(a) Adoption of resolution for Secondary Road
System Six-Year Construction Plan for Fiscal
Years 2002 through 2008 and the allocation of
funds for Fiscal Year 2002-2003.
R-121801-10
Mr. Covey advised that this is a request to revise and update the Six-Year
Secondary Road Construction Plan. The Virginia Department of Transportation is
responsible for overseeing all road improvements in the County and the Countys role is
=
reviewing and approving all secondary road construction with the guidance of the local
resident engineer. Mr. Covey advised the Six-Year Plan which was developed jointly by
VDOT and staff was presented at a work session on November 13, 2001. The County
received approximately $3.5 million last year and the budget for FY 2002-2003 is
December 18, 2001
733
estimated to be approximately $4 million to be distributed among three categories.
Category I is Countywide items which includes traffic signs, entrance
culverts, and rural additions roads and $180,000 was allocated which is the maximum
allowed by State law. Category 2 is incidental construction which are items for minor
construction which can be completed normally within one year, and $100,000 has been
allocated to this category.
The remaining bulk of the County resources are allocated towards Category
3 - Numbered Projects. Priority projects scheduled to receive funding this year are Hardy
Road, Hollins Road, McVitty Road, Old Cave Spring Road, Colonial Avenue, Buck
Mountain Road, Glenmary Drive, Cotton Hill Road, Mountain View Road, Boones Chapel
Road, Catawba Creek Road, Dry Hollow Road, Merriman Road, John Richardson Road,
King Brothers Road and Rocky Road. Projects to be added to the plan are: Hardy Road,
Indian Grave Road, Clearbrook Lane, County Line Road and Montcap Trail. Projects
considered but not added because of insufficient funds were: Carvins Creek Dam Road,
Bohon Hollow Road, Honeysuckle Road, Two Ford Road, Hershberger Road, Manassas
Drive and Franklin Road. He asked for approval of the Six- Year Plan and that any action
on Colonial Avenue be withheld for ninety days. Supervisor McNamara inquired if the
County was working with VDOT concerning greenway development and reconfiguration of
the southeast corner of McVitty Road and Route 419 and asked Mr. Covey to give him an
update on this situation in thirty days.
December 18, 2001
734
Mr. Michael Roop, 3033 Bonsall Land; President of Mount Pleasant Civic
League
, commended the Boards actions that have resulted in paid rescue squad
=
personnel being assigned to the Mount Pleasant station. Improvements they are
recommending include hard surface paving of Alcoa Road; better school zone warning
signs surrounding Mount Pleasant School, expand the school zone to that area of Pitzer
Road nearest the park to improve safety of children; the placement of activated or lighted
school zone warnings and new pavement markings on Mt. Pleasant Boulevard ; caution
light at intersection of Jae Valley Road, Route 116 and Mayfield Road; reopen access road
off Rutrough Road to Blue Ridge Parkway for emergency vehicles; and installation of
guard rail on Route 116 behind 3038 Bonsall Lane.
Mr. James T. Garris, 3108-D Honeywood Lane
, advised that the effects of
traffic counts and development potentials on planned and future projects are not reflected
in the Six-Year Plan, and he asked that County staff work with VDOT to develop these
projections.
Cindy Webster, 4714 Colonial Avenue,
thanked the Board members,
Chairman Minnix, and acknowledged Mr. Hodges and Mr. Echols desires to work with
==
Colonial Alliance to come to an agreeable decision.
In response to Supervisor Nickens request as to what effect the delay in
=
approval of the Six-Year Plan would have, Mr. Echols advised that the plan and funding
are effective July 1, 2002. Modifications or amendments to the plan can be made by the
December 18, 2001
735
Board at other times but additional public hearings would have to be held.
Supervisor Minnix advised that at a meeting about a month ago with citizens
from Colonial Avenue, staff and VDOT, it was agreed that a ninety day moratorium would
be placed on Colonial Avenue in order for citizens to have input.
Supervisor Nickens advised that as a procedural matter for the future, he
would like staff to look at the timing of the adoption of the Six-Year plan so that citizens
=
input can be heard at least thirty days prior to adoption. He advised that some of the
issues brought up by Mr. Roop have been addressed and others may be accommodated in
the incidental funds in the upcoming year.
Supervisor Johnson advised that there is a problem with Route 220S from
Franklin Road to Electric Road because of the increased traffic due to new construction
and requested that VDOT study the problem with the County and Roanoke City.
Supervisor Minnix advised that once VDOTs plan for Colonial Avenue is
=
approved, it could involve as many as five lanes of highway between North Cross School
and Route 221, and he and the citizens are asking for a moratorium of ninety days to meet
with VDOT and staff.
Supervisor Nickens moved to approve the Six-Year plan absent any
involvement of Colonial Avenue. Supervisor Nickens withdrew this motion when Mr.
Mahoney advised that according to legislation adopted last year by the General Assembly,
Roanoke County would have to reimburse VDOT for all costs expended to date with
December 18, 2001
736
respect to any item removed from the Six-Year plan. Mr. Echols advised that this figure
was $160,000.
Supervisor Nickens moved to adopt the resolution with Alternative #1
(approve the Six-Year construction plan and allocation of funds)
with
Colonial Avenue placed on a ninety day moratorium. Mr. Covey advised that after the
ninety days, he would bring Colonial Avenue back to the Board for action.
Supervisor McNamara advised that he felt the Six-Year plan should be
approved as presented and the plan could be amended later as necessary. He made a
substitute motion for approval of Alternative #1 (approve the Six-Year construction plan
and allocation of funds.) The motion was defeated by the following record vote:
AYES: Supervisor McNamara
NAYS: Supervisor Johnson, Church, Nickens, Minnix
Chairman Minnix advised that the Board would now vote on the motion by
(approve the Six-Year
Supervisor Nickens to adopt the resolution with Alternative #1
construction plan and allocation of funds)
with Colonial Avenue placed on a
ninety day moratorium. The motion carried by the following recorded vote:
AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix
NAYS: None
RESOLUTION 121801-10 APPROVAL AND ADOPTION OF THE
SECONDARY ROAD SYSTEM SIX-YEAR CONSTRUCTION PLAN FOR
FISCAL YEAR 2002-2008 AND APPROVAL OF THE ALLOCATION OF
December 18, 2001
737
FUNDS FOR FISCAL YEARS 2002-2003.
WHEREAS, a public hearing was held on December 18, 2001 to receive
comments on the adoption of the Secondary Road System Six-Year Construction Plan for
Roanoke County for Fiscal Years 2002-2008; and the adoption of the funding for Fiscal Years
2002-2003; and
WHEREAS, the Board of Supervisors does hereby approve the adoption of the
Secondary Road System Six-year Construction Plan for Roanoke County for Fiscal Years 2002-
2008 and allocations for Fiscal Years 2002-2003 as set out on the attached Secondary System
Construction program.
NOW, THEREFORE, BE IT RESOLVED that a copy of this resolution duly
attested to be forthwith forwarded to the Virginia Department of Transportation Salem Residency
Office along with a duly attested copy of the proposed Secondary Road System Six-Year
Construction Plan for Roanoke County for Fiscal Years 2002-2008 by the Clerk to the Board.
On motion of Supervisor Nickens to adopt the resolution with Alternative
#1 (approving the Six-Year plan and allocation of funds) with Colonial Avenue placed
on a ninety day moratorium, and carried by the following recorded vote:
AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix
NAYS: None
(b) Approval of projects for Fiscal Year 2002-2003
Revenue Sharing Program.
A-121801-11
There was no report from staff.
Supervisor Johnson moved to approve the projects. The motion carried
by the following recorded vote:
AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix
NAYS: None
December 18, 2001
738
IN RE: PUBLIC HEARINGS AND SECOND READING OF
ORDINANCES
1. Second reading of ordinance of petition of Calvary
Chapel of Roanoke to obtain a Special Use permit
for .891 acres for a religious assembly located at
4903 Starkey Road, Cave Spring, Magisterial
District.
Chairman Minnix announced that this petition was
withdrawn at the request of the petitioner.
IN RE: NEW BUSINESS (CONTINUED)
1. Request for extension of Springwood Performance
Agreement. (Elmer Hodge, County Administrator)
A-121801-12
Chairman Minnix advised that this item was moved from
the afternoon session to the evening session. Mr. Hodge advised
that this was the request of Doug and Bob Freeman of Springwood
Associates who are asking for a two-year extension on an agreement
previously approved by the Board on May 9, 2000, which goes
through March 1, 2006. The agreement provided for Springwood
December 18, 2001
739
Associates to make certain improvements to the property at the
intersection of Rt. 419 and Rt. 221 and for a five-year period of time,
the County would reimburse them for those improvements up to a
maximum of $500,000 as tax revenue were generated. On
November 13, 2001, Springwood Associates requested an additional
two years on the contract from March 1, 2006 to March 1, 2008, due
to needed modifications to the cross-over in that area of Rt. 419 just
before the intersection with Rt. 221. At that time, instead of a two-
year extension, the Board approved a six-month extension to
September 1, 2006. Springwood Associates is now requesting an
extension of two years instead of the six months approved on
November 13, 2001, because the slow economy has not allowed
them to develop the property as quickly as they wanted.
Mr. Doug Freeman, Springwood Associates, 3214 Electric
Road, referred to a letter dated December 17, 2001 from their
attorney, Ed Natt, outlining the history and explanation for their
request for this extension. They had completed and paid for the
improvements of their project as required by VDOT, but as a result of
negotiations concerning reopening of the cross-over at Rt. 419, they
were asked to contribute up to $25,000 additional funds to
December 18, 2001
740
accomplish this. They were agreeable to provide these funds to
benefit other properties in the area, provided that the County extend
their contract by two years.
Supervisor Johnson advised that he would support the
petitioners request but that the County should make every effort to
=
make sure that the property is developed as quickly as possible.
Supervisor McNamara advised that he would abstain from any vote
since he maintains an office in the office park which is a party in the
dispute. He also advised that he was not involved in working out the
original compromise or abridged compromise.
Supervisor Nickens advised that if the Board grants another 18 month
extension on top of the six months already given, this would make a seven year
payback of the $500,000 County commitment. He does not believe that there is
support for the additional extension and asked staff to work with Springwood
Associates to expedite development of project consistent with their contract and six-
month extension.
For purposes of discussion, Supervisor Nickens moved to approve
Springwood Associates request to allow a two-year extension (the addition of 18
=
months to the already six months extension) through March 2008.
Supervisor Church advised that he would not support the motion, and
December 18, 2001
741
Supervisor Minnix suggested that Supervisor Nickens add to his motion that a request
for an extension can be made by Springwood Associates in January 90 days prior to
September 1, 2006.
Supervisor Nickens withdrew his motion and advised that he would
support Supervisor Minnixs position that 90 days prior to September 1, 2006 if the
=
property is not marketed and returning tax revenues, the petitioner could request an
extension.
Mr. Freeman referred to the letter from Ed Natt in which he advised that if
they had a signed prospect today, the time line would be difficult for them to get more
than $350,000 reimbursement. He advised that 18 months have already run on the
agreement and with the slowing economy, they are asking for the extension.
After further discussion, Supervisor Nickens moved to approve
Springwood Associates request to allow a two-year extension from the original
=
and Springwood Associates will
performance agreement through March 2008,
contribute up to $25,000 to mitigate the Rt. 419 cross-over problem.
The motion carried by the following recorded vote:
AYES: Supervisors Johnson, Church, Nickens, Minnix
NAYS: None
ABSTAIN: Supervisor McNamara
Mr. Hodge asked for a schedule from Springwood Associates when the
December 18, 2001
742
road improvements concerning the cross-over will be done. Mr. Freeman advised that
they met with Mr. Covey to go over the plans and had a number of questions. They
intend to move forward after the first of year. Mr. Covey advised that VDOT came up
with the design of the cross-over but the agreement needs to be executed. He believes
that the work cannot begin until next Spring.
IN RE: PUBLIC HEARINGS AND SECOND READING OF
ORDINANCES
1. Second reading of ordinance to obtain a Special
Use Permit to develop a golf course on 364 acres
and rezone 118 acres from AG-3, Agricultural to
AR, Agricultural Residential, located at 3608 Pitzer
Road, SE, Vinton Magisterial District, upon the
petition of Nathaniel C. Haile. (Janet Scheid, Chief
Planner) (CONTINUED FROM SEPTEMBER 25,
2001; OCTOBER 23, 2001; AND NOVEMBER 13,
2001)
Chairman Minnix announced that this petition was
withdrawn at the request of the petitioner.
December 18, 2001
743
2. Second reading of ordinance to obtain a Special
Use Permit for 8.91 acres for a religious assembly
located at Va. Rte. 311/Laurel Mountain Road
intersection, Catawba Magisterial District, upon the
petition of Star City Church of Christ. (CONTINUED
BY PLANNING COMMISSION FROM OCTOBER 23,
2001) (Janet Scheid, Chief Planner)
O-121801-13
Ms. Scheid advised that petition was heard by the Planning Commission
on November 6 and six citizens spoke opposing the request and most of them were
citizens of the Laurel Woods Subdivision which adjoins the petitioners property and
=
had concerns about traffic and noise. The Planning Commission continued the petition
and heard it again on December 4, at which time eight citizens spoke in favor of the
request. The Planning Commission approved the request with the condition added that
no principal building expansion(s) shall be permitted.
Reverend Paul Hatfield, Minister of Star City Church, 816 Peyton Street,
advised that he sent the Board members a packet of information. He reviewed the
history of the church, the need for the property, the communitys responses,
=
communications with VDOT, and asked that the Board approve the special use permit.
Mr. Robert Divers, 634 Fernwood Drive,
advised that he owns the
December 18, 2001
744
property adjacent to the site and objects to the special use permit because of the
increased traffic, extensive modification of the property, and this is property going from
taxable to being untaxed.
Tim
Citizens speaking in favor of granting the special use permit were: (1)
Hatfield, 1635 Hampton Avenue; (2) Jamie Hatfield, 1635 Hampton Avenue; (3)
Stephen Meador, 426 Petty Avenue; (4) David M. Goad, 412 E. Cleveland Avenue;
and (5) Gary Foutz, 102 Hounds Chase Lane
After further discussion, Supervisor Church moved to adopt the
ordinance with Condition #1 revised (any expansion of the existing
principal building or any construction of new buildings shall require a
special use permit) and Condition #2 added (any new building shall
require a minimum 50 foot vegetative buffer between petitioners
=
property and adjoining residential property).
The motion carried by the
following recorded vote:
AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix
NAYS: None
ORDINANCE 121801-13 GRANTING A SPECIAL USE
PERMIT TO STAR CITY CHURCH OF CHRIST FOR
RELIGIOUS ASSEMBLY ON 8.91 ACRES LOCATED AT
THE INTERSECTION OF VIRGINIA ROUTE 311 AND
LAUREL MOUNTAIN ROAD (TAX MAP NO. 36.03-1-56
AND 59), CATAWBA MAGISTERIAL DISTRICT
December 18, 2001
745
WHEREAS, Star City Church of Christ has filed a petition
for a special use permit for religious assembly on 8.91 acres located
at the intersection of Virginia Route 311 and Laurel Mountain Road
(Tax Map No. 36.03-1-56 and 59) in the Catawba Magisterial
District; and
WHEREAS, the Planning Commission held a public hearing
on this matter on November 6, 2001 which was continued to
December 4, 2001; and
WHEREAS, the Board of Supervisors of Roanoke County,
Virginia, held a first reading on this matter on October 23, 2001; the
second reading and public hearing on this matter was held on
December 18, 2001.
NOW, THEREFORE BE IT ORDAINED by the Board of
Supervisors of Roanoke County, Virginia, as follows:
1. That the Board finds that the granting of a special
use permit to Star City Church of Christ for religious assembly on
8.91 acres located at the intersection of Virginia Route 311 and Laurel
Mountain Road (Tax Map No. 36.03-1-56 and 59) in the Catawba
Magisterial District is substantially in accord with the adopted 2000
Community Plan pursuant to the provisions of 15.2-2232 of the
'
1950 Code of Virginia, as amended, and said Special Use Permit is
hereby approved with the following condition:
(1)
Any expansion of the existing principal building or any
construction of new buildings shall require a Special Use
Permit.
(2) Any new building shall require a minimum 50 foot vegetative
buffer between petitioners property and adjoining
=
residential property.
2. 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.
On motion of Supervisor Church to adopt the ordinance with Condition #1
revised and Condition #2 added, and carried by the following recorded vote:
AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix
NAYS: None
December 18, 2001
746
3. Second reading of ordinance of petition of Richard
M. Sink to obtain a Special Use Permit for .3023
acres to conduct a Home Occupation Business in
an accessory structure, located at 753 Plantation
Circle, Hollins Magisterial District. (Janet Scheid,
Chief Planner)
O-121801-14
Ms. Scheid advised that is a petition for a special use
permit to conduct a home occupation business in an accessory
structure, located at 753 Plantation Circle. Mr. Sink plans to have a
small arts and craft woodworking shop and sell his products at craft
shows. During the 1980's and 1990's Mr. Sink was issued two
business licenses to operate a hobby shop and custom wood design
shop from his garage. She advised that a special use permit is now
required to operate a home occupation in an accessory structure.
During the time Mr. Sink had his previous business licenses, there
were no complaints or zoning violations. The Planning Commission
recommended approval. Mr. Sink responded to several questions
from Supervisor Johnson concerning containment of the noise and
December 18, 2001
747
debris from his equipment. Supervisor Church also advised Mr. Sink
that he should have adequate insurance protection. There were no
citizens to speak on this item.
ordinance with Condition
Supervisor Johnson moved to adopt the
#1 added (this special use permit shall be administratively reviewed
on January 1, 2003)
. The motion carried by the following recorded vote:
AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix
NAYS: None
ORDINANCE 121801-14 GRANTING A SPECIAL USE
PERMIT TO RICHARD M. SINK TO CONDUCT A HOME
OCCUPATION BUSINESS LOCATED AT 753
PLANTATION CIRCLE (TAX MAP NO. 38.08-2-9),
HOLLINS MAGISTERIAL DISTRICT
WHEREAS, Richard M. Sink has filed a petition for a
special use permit to conduct a Home Occupation Business located
at 753 Plantation Circle (Tax Map No. 38.08-2-9) in the Hollins
Magisterial District; and
WHEREAS, the Planning Commission held a public hearing
on this matter on December 4, 2001; and
WHEREAS, the Board of Supervisors of Roanoke County,
Virginia, held a first reading on this matter on November 13, 2001;
the second reading and public hearing on this matter was held on
December 18, 2001.
NOW, THEREFORE BE IT ORDAINED by the Board of
Supervisors of Roanoke County, Virginia, as follows:
1. That the Board finds that the granting of a special
use permit to Richard M. Sink to operate a Home Occupation
Business located at 753 Plantation Circle (Tax Map No. 38.08-2-9) in
the Hollins Magisterial District is substantially in accord with the
adopted 2000 Community Plan pursuant to the provisions of 15.2-
'
December 18, 2001
748
2232 of the 1950 Code of Virginia, as amended, and said Special Use
Permit is hereby approved with the following condition:
(1)
This Special Use Permit shall be administratively reviewed
on January 1, 2003. If at that time the Zoning Administrator
determines that the Special Use Permit has caused no
undue hardship on adjoining properties the Special Use
Permit will be continued indefinitely.
2. 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.
On motion of Supervisor Johnson to adopt the ordinance with Condition
#1 added, and carried by the following recorded vote:
AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix
NAYS: None
4. Second reading of ordinance of petition of K & K
Rentals, LLC to rezone .327 acres from C-1 Office
District to C-2C General Commercial District with
proffered C-2 uses, located at 3426 Brambleton
Avenue and a portion of 3512 Brambleton Avenue,
Cave Spring Magisterial District. (Janet Scheid,
Chief Planner)
O-121801-15
Ms. Scheid advised that this is a petition to rezone .327
acres from C-1 Office District to C-2C General Commercial District
December 18, 2001
749
with proffered C-2 uses. Use of the property will be limited to the
current uses permitted under the existing zoning, C-1, as well as
personal improvement services (excluding Laundromat/dry cleaning).
The Planning Commission recommended approval with two
conditions. There were no citizens to speak on this item.
Supervisor Minnix moved to adopt the ordinance with conditions. The
motion carried by the following recorded vote:
AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix
NAYS: None
ORDINANCE 121801-15 TO CHANGE THE ZONING
CLASSIFICATION OF A .327-ACRE TRACT OF REAL
ESTATE LOCATED AT 3426 BRAMBLETON AVENUE
(TAX MAP NO. 77.10-6-5) AND A PORTION OF 3512
BRAMBLETON AVENUE (P/O TAX MAP NO. 77.10-10-
99-01) IN THE CAVE SPRING MAGISTERIAL DISTRICT
FROM THE ZONING CLASSIFICATION OF C-1, OFFICE
DISTRICT, TO THE ZONING CLASSIFICATION OF C-2C,
GENERAL COMMERCIAL DISTRICT, WITH CONDITIONS,
UPON THE APPLICATION OF K & K RENTALS, LLC
WHEREAS, the first reading of this ordinance was held on
November 13, 2001, and the second reading and public hearing were
held December 18, 2001; and,
WHEREAS, the Roanoke County Planning Commission
held a public hearing on this matter on December 4, 2001; 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
December 18, 2001
750
estate containing .327 acres, as described herein, and located at
3426 Brambleton Avenue (Tax Map Number 77.10-6-5) and a
portion of a parcel located at 3512 Brambleton Avenue (Tax Map No.
77.10-10-99-01) in the Cave Spring Magisterial District, is hereby
changed from the zoning classification of C-1, Office District, to the
zoning classification of C2C, General Commercial District.
2. That this action is taken upon the application of
December 4, 2001.
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 accepts:
(1) Use of the subject property will be limited to the
current uses permitted under the existing
zoning, C-1, as well as personal improvement
services, consumer repair services, and
personal services (excluding Laundromat/dry
cleaning).
(2) The signage requirements for the property will
be limited to the requirements for a C-1 zoning
district.
4. That said real estate is more fully described as
follows:
Beginning at a point on the southeasterly side of
Brambleton Avenue (U.S. Route 221 80' wide), which point
is 306.40 feet to P. I. Brandywine Avenue, also show as
pin set at Point 2 on plat of survey more particularly
described hereinbelow; thence leaving Brambleton Avenue
and with boundary line between subject property and
major portion of Lot 4, now or formerly owned by Leisure
Publishing Co., Inc., Tax No. 77.10-6-4, S. 32 deg. 00' 00"
E. 190.00 feet to pin set at Point 3; thence leaving said
boundary line and with the boundary line of Lot 24, now
or formerly owned by Ricky Lee Shifflett, Tax No. 77.10-6-
26, S. 58 deg. 00' 00" W. 75.00 feet to pin set at Point C;
thence leaving the boundary of Shifflett and with the
boundary of subject property with property now or
formerly owned by Brambleton Avenue office Condos, Tax
No. 77.10-00-01 through 08, N. 32 deg. 00' 00" W. 190.00
feet to pin found with TPP&S cap at Point 4; thence
December 18, 2001
751
leaving Brambleton Avenue Office Condos and with
Brambleton Avenue, S.W., N. 58 deg. 00' 00" E. 75.00 feet
to the Point and Place of Beginning , and being more
particularly described as Major Portion of Lot 5, Section 2,
Mount Vernon Heights, containing 14,250 square feet,
property of K&K Rentals, LLC, Tax No. 77.10-6-5, on plat
of survey made by T. P. Parker & Son, Engineers-
Surveyors-Planners, dated May 21, 2001 (PB 2, page 67).
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.
On motion of Supervisor Minnix to adopt the ordinance, and carried by the
following recorded vote:
AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix
NAYS: None
5. Second reading of ordinance of petition of Chase
Potter to rezone 23.55 acres from AR, Agricultural
Residential to AG-1 Agricultural/Rural Low Density
District and obtain a Special Use Permit for a
Shooting Range, Outdoor located at 3454 Randall
Drive, Vinton Magisterial District. (Janet Scheid,
Chief Planner)
O-121801-16
Ms. Scheid advised that this is a petition for a special use
December 18, 2001
752
permit for a shooting range, outdoors, and limited to archery. The
course of thirty targets on 23 acres will be set up to play
tournaments and will not be open to the general public. The
Planning Commission recommended approval of the rezoning and
approval of the special use permit with 7 conditions. There were no
citizens to speak on this item.
Mr. Potter, applicant, advised that there would be no
nd
alcohol on the premises; tournaments will be held every 2 week of
the year except May; and there would be thirty targets for
approximately 75 to 150 people. In response to Supervisor Nickens
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question about the number of people involved in this archery range,
Mr. Potter advised that there are four archery ranges in the area and
if tournaments are held on the same date, only half of the 75 to 150
would come to this range. Mr. Potter also advised that he has about
12 club members and Supervisor Nickens suggested that Condition
#3 be changed to reflect that the club members can use the range.
ordinance with Condition
Supervisor Nickens moved to adopt the
#3 amended (this facility shall be open for tournament and club
member use only, and not open daily to the general public)
. The motion
carried by the following recorded vote:
December 18, 2001
753
AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix
NAYS: None
ORDINANCE 121801-16 TO CHANGE THE ZONING
CLASSIFICATION OF A 23.55-ACRE TRACT OF REAL
ESTATE LOCATED AT 3454 RANDALL DRIVE (TAX MAP
NO. 79.02-2-13 AND 14) IN THE VINTON MAGISTERIAL
DISTRICT FROM THE ZONING CLASSIFICATION OF AR,
AGRICULTURAL RESIDENTIAL, TO THE ZONING
CLASSIFICATION OF AG-1, AGRICULTURAL/RURAL LOW
DENSITY DISTRICT, AND GRANTING A SPECIAL USE
PERMIT FOR A SHOOTING RANGE, OUTDOOR, WITH
CONDITIONS, UPON THE APPLICATION OF CHASE
POTTER
WHEREAS, the first reading of this ordinance was held on
November 13, 2001, and the second reading and public hearing were
held December 18, 2001; and,
WHEREAS, the Roanoke County Planning Commission held
a public hearing on this matter on December 4, 2001; 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 23.55 acres, as described herein, and located at
3454 Randall Drive (Tax Map Number 79.02-2-13 and 14) in the
Vinton Magisterial District, is hereby changed from the zoning
classification of AR, Agricultural Residential District, to the zoning
classification of AG-1, Agricultural/Rural Low Density District.
2. That this action is taken upon the application of Chase
Potter.
3. That said real estate is more fully described as
follows:
Tax Map #79.02-2-13
Beginning at a stake S. 27 deg. 15' E. 10 feet from a dead
spanish oak, corner to Filson and D. Ferguson; thence with
Filson's line, S. 27 deg. 15' E. 865 feet to a chestnut oak at
December 18, 2001
754
"2" corner to tract reserved by Mrs. A. L. Gish; thence with
her line, N. 64 deg. 30' E. 327 feet to a point in the
Richardson Road; thence S. 69 deg. 30" W. 15 feet from a
pine at "3"; thence with the road, a new line, N. 35 deg. 45'
W. 286 feet to "4"; thence N. 37 deg. 10' W. 433.5 feet to
"5"; thence N. 43 deg. 50' W. passing out of the road, 315
feet to "6" in D. Ferguson's line; thence with his line, S. 12
deg. 30' W. 189 feet to the BEGINNING, containing 5.35
acres, more or less.
Tax Map #79.02-2-14
Beginning at a post between a white oak stump and a
spanish oak tree, corner to Joseph Bandy and Muse;
thence with the latter, S. 42 deg. W. 46 7/10 poles to a
poplar tree and white oak stump; thence S. 26 3/4 deg. W.
31 1/2 poles to a dogwood and dead pine corner to David
Richardson's 100 acre tract; thence with same, S. 62 deg.
E. 36 8/10 poles to a spanish oak and gum; thence N. 39
deg. E. 28 3/10 poles to a sourwood tree; thence N. 63 deg.
E. 23 8/10 poles to two dogwoods on said Joseph Bandy's
line; thence with said line, N. 29 3/4 deg. W. 53 2/10 poles
to the BEGINNING, and containing 17 5/8 acres, more or
less.
4. That the Board finds that the granting of a special use
permit to Chase Potter for a Shooting Range, Outdoor on 23.55 acres
located at 3454 Randall Drive (Tax Map No. 79.02-2-13 and 14) in
the Vinton Magisterial District is substantially in accord with the
adopted 2000 Community Plan pursuant to the provisions of 15.2-
'
2232 of the 1950 Code of Virginia, as amended, and said Special Use
Permit is hereby approved with the following conditions:
(1) The outdoor shooting range shall be for archery
only.
(2) The property shall be posted every fifty feet to
restrict access to the site.
(3)
The facility shall be open for tournament and club member
use only, and not open daily to the general public.
(4) All targets and shooting stations shall be located
a minimum of 100 feet from the property lines.
December 18, 2001
755
(5) All targets shall have sufficient terrain backdrops
to stop arrow flight.
(6) All portable restrooms shall be screened from
public view.
(7) All parking shall be on site, no parking shall be
allowed on Randall Drive.
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.
On motion of Supervisor Nickens to adopt the ordinance with condition #3
amended, and carried by the following recorded vote:
AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix
NAYS: None
IN RE: CITIZEN COMMENTS AND COMMUNICATIONS
(1) Mike Altizer, 3005 Valley Stream Drive, thanked the
Board on behalf of Mount Pleasant citizens for the Boards response to
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their fire and rescue needs.
(2) Annie Krochalis, 9428 Patterson Drive, advised that
she: (1) supports full staffing of all fire and rescue stations and
thanked County for recent efforts; (2) believes in importance of local
participation in government and acknowledged Supervisor Johnsons
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reminder to Bent Mountain citizens during fire and rescue situation.
She presented Supervisor Johnson with her personal award for his
December 18, 2001
756
service to the Board and the community.
IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS
Supervisor McNamara: (1) He thanked the staff and
employees for a good job during the year and thanked the Windsor
Hills residents for the opportunity to serve them during the past four
years. He wished everyone a happy holiday season. (2) He advised
that the Board will become slightly different with other ideas being
presented when Supervisor Johnson leaves and another individual
joins the Board, and this is the power of democracy. He advised that
he abstained from the voting and the discussion concerning the
Springwood Associates Performance Agreement and although the
motion carried, he believes that the development will not go any faster
or slower if the County forgoes in year 2006 and 2007 those tax
revenues. (3) He advised that he was privileged to serve with
Supervisor Johnson for the past years and is privileged to serve again
on the Board next year.
Supervisor Church: (1) He thanked Annie Krochalis for
taking time to come to meetings and express opinions so the Board is
more informed. (2) He advised that 2001 produced events that will be
December 18, 2001
757
remembered for a lifetime and hopes that people will think and act in
much different ways. (3) He thanked the police, fire and rescue, all
people fighting for freedom, County staff and administration for their
efforts in 2001. (4) He asked that we celebrate Christmas for the real
reason and be good neighbors.
Supervisor Nickens: (1) He thanked Supervisor Johnson
and advised that Supervisor Johnson, in his 16 years on the Board,
made a significant contribution to the quality of life for all citizens of
the County and Roanoke Valley and this will pay dividends for years to
come.
Supervisor Minnix: (1) He expressed his deep appreciation
and sincere thanks to Supervisor Johnson for sixteen years of service
as a leader in the County and Roanoke Valley. He feels that the
County owes a great deal of thanks to Supervisor Johnson and
advised that for the last time, the Chair would recognize Supervisor
Johnson for his comments.
Supervisor Johnson: (1) He advised that he would not be
present when the resolution of appreciation for Chairman Minnixs
=
leadership is presented to him and advised that if he were, he would
sign the resolution with a lot of pride. He advised that he did not
December 18, 2001
758
always agree with Supervisor Minnix on all issues but that Supervisor
Minnix has a big heart, is compassionate, caring and always affords
every citizen an opportunity to have their say. (2) He advised that this
was a great day for his family and that he appreciated the Countys
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respect and recognition of his family. He leaves with a hole in his
heart but with the firm belief that Roanoke County is in great hands.
IN RE: ADJOURNMENT
At 9:30 p.m., Supervisor Minnix adjourned the meeting to
9:00 a.m., Wednesday, January 2, 2002, for an organizational
meeting, followed by a meeting with the Roanoke Valley legislators at
9:30 a.m.
Submitted by, Approved by,
__________________ ________________
Brenda J. Holton, CMC H. Odell Minnix
Deputy Clerk to the Board Chairman