1/23/2001 - Regular
41
January 23, 2001
Roanoke County Administration Center
5204 Bernard Drive
Roanoke, Virginia 24018
January 23, 2001
The Board of Supervisors of Roanoke County, Virginia, met this day at the
Roanoke County Administration Center, this being the fourth Tuesday and the third
regularly scheduled meeting of the month of January, 2001.
IN RE:CALL TO ORDER
Chairman Minnix called the meeting to order at 3:04 p.m. The roll call was
taken.
MEMBERS PRESENT:
Chairman H. Odell “Fuzzy” Minnix, Vice- Chairman Joseph B.
"Butch" Church, Supervisors Bob L. Johnson, Joseph
arrived at 3:07 p.m.)
McNamara, Harry C. Nickens (
MEMBERS ABSENT:
None
STAFF PRESENT:
Elmer C. Hodge, County Administrator; Paul M. Mahoney,
County Attorney; Mary H. Allen, Clerk to the Board; John M.
Chambliss, Assistant County Administrator; Dan R. O’Donnell,
Assistant County Administrator; Kathie B. Scearce, Community
Relations Director
IN RE:OPENING CEREMONIES
The invocation was given by Gardner Smith, Director of the Purchasing
Department. The Pledge of Allegiance was recited by all present.
IN RE:REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF
AGENDA ITEMS
42
January 23, 2001
Mr. Hodge added Item N-9, report on the closing of the Catawba Hospital.
Supervisor McNamara asked for a work session on a proposed water park. Mr. Hodge
advised this will be discussed in closed meeting. It was later determined that this was
not an appropriate subject for a closed meeting and a work session was scheduled.
IN RE:PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND AWARDS
1.Certificate of Recognition to Bob Carle, Marathon Oil, for
providing funds to assist individuals and families in obtaining
fuel oil during emergency situations.
Mr. Carle was present to receive the certificate recognizing the $11,500
funds that were donated to assist individuals in meeting their oil energy needs in
emergency situations. Mr. Carle presented the Department of Social Services another
check for $1,000.
2.Certificate of Recognition To Spencer Watts, Library Director,
for his contributions to the County of Roanoke.
Mr. Watts was present and received a certificate recognizing his service
with Roanoke County. Mr. Watts resigned to take a similar position in Mobile, Alabama
3.Acceptance of $5,000 contribution from the U. S. Marines for
Camp Roanoke. (Pete Haislip, Parks, Recreation and Tourism
Director)
Mr. Haislip reported that for the past five years the Marine Corps Reserve
th
Unit, Company B, 4 Combat Engineer Battalion and the Marine Corps League, in
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January 23, 2001
cooperation with the Roanoke County Department of Parks, Recreation, and Tourism
and many other corporate sponsors, has sponsored the Mud Run in Green Hill Park to
raise funds for the Toys For Tots program and Camp Roanoke. This year there were
1,371 participants, with over 4,000 spectators, and included runners from ages three to
the 70's. This year, the $5,000 contribution brings the total amount to $19,000. These
funds will be used to complete the final phases of construction at Camp Roanoke.
Captain Andrew Winthrop attended the meeting and presented the check to be used for
the Camp Roanoke fund.
IN RE: NEW BUSINESS
1.Request for $40,000 funding for County share of a needs
assessment for Stormwater Phase II National Pollutant
Discharge Elimination. (George Simpson, Assistant Director
of Community Development)
A-012301-1
Mr. Simpson reported that effective March 10, 2003 localities having a
population of fewer than 100,000 will be required to comply with the Phase II provisions
of the Clean Water Act and obtain a NPDES (National Pollutant Discharge Elimination
System) permit for stormwater quality. The localities in the Roanoke Valley, including
Roanoke County, Roanoke City, the City of Salem, and the Town of Vinton will be
required to obtain an NPDES permit and initiate compliance. Staff conducted a work
session with the Board of Supervisors on January 9, 2001 for the purpose of briefing the
Board on upcoming regulations.
Mr. Simpson explained that the Environmental Protection Agency is
currently regulating stormwater quality in localities having a population of 100,000 or
44
January 23, 2001
greater under Phase I of the Clean Water Act. The EPA has now moved into Phase II,
which will require Roanoke County to move toward eliminating pollutants in stormwater
discharges. The Roanoke Valley Alleghany Regional Commission has offered to serve
as the coordinating agency to pursue compliance of Phase II on behalf of the local
governments. By pursuing compliance on a regional approach, it is hoped to save
money by not duplicating efforts. AMEC Earth and Environment, Inc. has been selected
to prepare a Needs Assessment. As stated in the work session, EPA’s estimate of
compliance with Phase II for water quality is between $1.70 and $7.60 per capita, which
relates to between $144,500 and $646,000 for Roanoke County. This is an unfunded
federal mandate.
Mr. Simpson requested that the Board appropriate $40,000 from the
general fund unappropriated balance for the purpose of participating in a needs
assessment with the other localities through the Roanoke Valley Alleghany Regional
Commission.
In response to questions, Mr. Simpson advised that the $40,000 County
share was based on the population of each participating locality and AMEC was chosen
through the bid process. He explained that they were anticipating this cost for several
years, but did not have the actual date or cost figures for the needs assessment.
Supervisor Nickens commented that he felt this cost should have been
included in the budget and that the $40,000 should be expended from the Community
Development budget.
Supervisor Nickens moved to approve participation in needs assessments
with $40,000 funding allocated from the existing Community Development budget. The
staff should come back to the Board if there are insufficient funds at the end of the
budget year. The motion carried by the following recorded vote:
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January 23, 2001
AYES:Supervisors Johnson, McNamara, Church, Nickens, Minnix
NAYS:None
IN RE:REQUEST FOR PUBLIC HEARINGS AND FIRST READING OF
REZONING ORDINANCES - CONSENT AGENDA
Supervisor Johnson moved to approve the first readings and set the
second readings and public hearings for February 27, 2001. The motion carried by the
following recorded vote:
AYES:Supervisors Johnson, McNamara, Church, Nickens, Minnix
NAYS:None
1.First reading of ordinance to rezone 2.16 acres from C-1 Office
District with conditions to C-1 Office District with Conditions
and to obtain a Special Use Permit for religious assembly,
located at 5422 Starkey, Road, Cave Spring Magisterial
District upon the petition of the Trustees of Korean Baptist
Church.
2.First reading of ordinance to rezone 1.31 acres from R-1
Residential to R-4 Residential located at 6621 Peters Creek
Road, Hollins Magisterial District, upon the petition of Jones
and Jones Associates.
3.First reading of ordinance to rezone 3 acres from AR
Agricultural Residential to C-2 with Clearbrook Village Overlay
District for retail sales located at 5679 Franklin Road, Cave
Spring Magisterial District, upon the petition of Mi Suk Perry.
4.First reading of ordinance to rezone 1.94 acres from AR
Agricultural Residential to AV Agricultural Village and to
obtain a Special Use Permit for a Garden Center located at
7796 Bent Mountain Road, Windsor Hills Magisterial District,
upon the petition of Tracy A. Bryant.
IN RE:FIRST READING OF ORDINANCES
1.First reading of ordinance accepting an offer for and
authorizing the sale of 37.86 acres of real estate located in the
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January 23, 2001
City of Salem (The Lloyd Property - Tax Map No. 194-1-1) (Paul
Mahoney, County Attorney)
Mr. Mahoney announced that the County has received an offer to
purchased the real estate that is located in the City of Salem and known as the Lloyd
property. A public notice regarding the public hearing for the sale of the property will be
published in the Roanoke Times.
Supervisor Church moved to approve the first reading and set the second
reading and public hearing for February 13, 2001. The motion carried by the following
recorded vote:
AYES:Supervisors Johnson, McNamara, Church, Nickens, Minnix
NAYS:None
Supervisor Johnson suggested that the County send written notice to the
City of Salem about its intention to sell and specific offers.
IN RE:APPOINTMENTS
1.Grievance Panel
Supervisor McNamara nominated Beth Anderson to serve another three-
year term which will expire February 23, 2004.
2.Industrial Development Authority
Supervisor Minnix reported that there are two terms expiring on the IDA in
September, and it is his intention to nominate Billy Branch for reappointment.
IN RE:CONSENT AGENDA
R-012301-2; R-012301-2.i
Supervisor Nickens moved to adopt the Consent Resolution after
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January 23, 2001
discussion of Item 4. The motion carried by the following recorded vote:
AYES:Supervisors Johnson, Minnix, Church, Nickens, McNamara
NAYS:None
Concerning Item 4, staff will give a demonstration of defibrillators at the
February 13, 2001 tour of the Regional Training Center.
RESOLUTION 012301-2 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
January 23, 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 10, inclusive, as follows:
1.Confirmation of committee appointments to the Library Board and
Social Services Advisory Board
2.Cancellation of joint meeting with Roanoke City Council on
February 5, 2001.
3.Designation of John Murphy as Subdivision Agent for Roanoke
County and designation of alternates.
4.Acceptance and appropriation of Virginia Department of Health
Development Block Grant of $8,025 for the reimbursement of 3
automated external defibrillators.
5.Acceptance and appropriation of $7,500 grant for reimbursement of
a computer and projector for the Regional Fire/EMS Training
center.
6.Request from schools to accept and appropriate $10,093 to the
instructional program for use in the dual enrollment program with
Virginia Western Community College.
7.Request from schools to accept and appropriate $7,553 grant from
the Department of Education to serve refugee children.
8.Acceptance of water and sewer facilities serving Plantation Grove,
Section 2
9.Request for approval of an Internet Privacy Policy
48
January 23, 2001
10.Appropriation of Compensation Board reimbursement for additional
capital purchase for the Treasurer’s Office.
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 Nickens to adopt the resolution, and carried by
the following recorded vote:
AYES:Supervisors Johnson, McNamara, Church, Nickens, Minnix
NAYS:None
RESOLUTION 012301-2.i ADOPTING ROANOKE COUNTY'S
INTERNET PRIVACY POLICY
WHEREAS, the 2000 Session of the General Assembly adopted
amendments to the Virginia Privacy Protection Act of 1976 designed to strengthen the
protections to the privacy rights of citizens who use Internet websites established by
public entities in the Commonwealth including local governments; and,
WHEREAS, Section 2.1-380 B of the Code of Virginia, 1950, as amended,
requires that every public body, as defined by the Virginia Freedom of Information Act
(§ 2.1-341), which has an Internet website shall develop an Internet privacy policy and
an Internet privacy statement that explains the policy to the public; and,
WHEREAS, the State Council on Technology Services has developed
draft suggestions for privacy policies and statements for public bodies consistent with
the scope of their individual websites; and,
WHEREAS, representatives of the Department of Information Technology,
the Community Relations Director and the Office of County Attorney have worked
together to develop this policy and privacy statement.
NOW THEREFORE, BE IT RESOLVED, BY THE BOARD OF
SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, as follows:
1.That it is the policy of Roanoke County that personal information
about website visitors will be collected only to the extent necessary to provide the
service or benefit desired; that only appropriate information will be collected; that the
website visitor shall understand the reason the information is collected and be able to
examine their personal record which is maintained by Roanoke County. Further,
Roanoke County will not disclose this information to any private or public entity outside
of Roanoke County unless authorized by the visitor or as required by the Virginia
Freedom of Information Act.
2.That the County Administrator, or his designee, is hereby
authorized to revise the County's Internet Privacy Policy statement from time to time as
the circumstances may require.
3.That this resolution shall be in full force and effect from and after
January 23, 2001.
On motion of Supervisor Nickens to adopt the resolution, and carried by
the following recorded vote:
AYES:Supervisors Johnson, McNamara, Church, Nickens, Minnix
NAYS:None
49
January 23, 2001
IN RE:REQUESTS FOR WORK SESSIONS
1.Request to tour the Regional Fire and EMS Training Center on
February 13, 2001.
The tour was scheduled for February 13, 2001 at 12:30 p.m.
IN RE:REPORTS
Supervisor Nickens moved to receive and file the following reports after
addition and discussion of Item 9, closing of Catawba Hospital. The motion carried by
the following recorded vote:
AYES:Supervisors Johnson, Minnix, Church, Nickens, McNamara
NAYS:None
1.General Fund Unappropriated Balance
2.Capital Fund Unappropriated Balance
3.Board Contingency Fund
4.Future School Capital Reserve
5.Statement of Estimated Revenues and Expenditures for the
month ended 12/31/00.
6.Report of claims activity for the Self-Insurance Program
7.Accounts Paid - December 2000
8.Changes to the Virginia Department of Transportation
Secondary System in December 2000.
9.Closing of Catawba Hospital
This report was presented by Mr. Mahoney. He reviewed a summary of
legislation submitted by the Governor to implement his proposed restructuring of the
mental health care system. He also advised that a letter was sent to the local
50
January 23, 2001
legislators from Board Chairman Minnix concerning the issue and they planned to
discuss the Board’s concerns during VML /VACO Legislative Day.
Supervisor Church advised that if the Catawba Hospital closed, it would
have a large community impact.
IN RE:CLOSED MEETING
At 3:25 p.m., Supervisor Minnix moved to go into Closed Meeting following
the work sessions pursuant to Code of Virginia Section 2.1-344 A (7) discussion of
economic development prospect where no previous announcement has been made;
and 2.1-344 A (3) consideration of the disposition of publicly held property. The motion
carried by the following recorded vote:
AYES:Supervisors Johnson, Minnix, Church, Nickens, McNamara
NAYS:None
TH
IN RE:WORK SESSIONS (4 FLOOR CONFERENCE ROOM)
1.Work Session with Schools on appropriation of school year-
end surplus.
The work session was held from 4:00 p.m. to 4:45 p.m. Present were
School Board members Michael Stovall, William Irvin and Jerry Canada, School Board
Clerk Brenda Chastain, and School Superintendent Linda Weber. They advised they
were attending to explain requests for use of year-end surplus.
Supervisor Nickens noted that the list of requests had grown with the
addition of a tennis court at Glenvar and additional software. Dr. Weber responded that
the list had increased by $240,000 but they would review the list again and make a
decision. Supervisor Nickens expressed concern that the list was the same as the list
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January 23, 2001
provided the Board of Supervisors at the last meeting, and he thought that the tennis
courts were part of the overall Glenvar project. Dr. Weber responded that she was
directed by the School Board to present the same list because it had already been
carefully reviewed by school staff and the School Board.
Supervisor McNamara recommended that the Board appropriate the funds
and let the School Board make the decisions minus purchase of the school buses,
which was already approved by the Board of Supervisors, and Supervisor Church
concurred.
In response to a question from Supervisor Johnson, School Board
member Bill Irvin advised that the legal fee budget was $50,000. Supervisor Johnson
emphasized that he felt that the most important priorities should be teacher salaries and
classroom size.
IN RE:NEW BUSINESS
Chairman Minnix reconvened in open meeting in the Board Meeting
Room.
1.Request for appropriation of final year-end balance from
school operations for the year ended June 30, 2000. (Dr. Linda
Weber, School Superintendent)
A-012301-3
Supervisor McNamara moved to approve appropriation of the remaining
year-end funds after $650,000 was deducted for school buses, and that schools may
reallocate these remaining funds as long as the funds are used for non-recurring
expenses. The motion carried by the following recorded vote:
AYES:Supervisors Johnson, Minnix, Church, McNamara
NAYS:Supervisor Nickens
52
January 23, 2001
IN RE:WORK SESSIONS (CONTINUED)
1.Work Session on Citizen Inquiry System proposal
The work session was held from 5:00 p.m. until 5:25 p.m. and presented
by Mr. Hodge and Clerk to the Board Mary Allen.
There was a brief CD presentation on a Citizen Inquiry System used in
Lynchburg, Virginia. Mr. Hodge reported that a committee had been established,
chaired by the Clerk to the Board Mary Allen to investigate the purchase of a Citizen
Complaint Software Program. This program will be a one-stop shopping system where
the citizen will only deal with one person and information will be available to the Board
members. Mr. Hodge advised he would like to install a computer at each Board
member’s home so they could access the system.
In response to a question concerning the cost, Mr. Hodge advised that the
total system cost $104,000, plus annual maintenance costs. Ms. Allen advised that one
of the major problems with the current citizen complaint system is that sometimes there
are several staff working on the same problem and handling it in a different manner.
The Citizen Inquiry System would eliminate this problem and save staff time.
Supervisor McNamara expressed concern about the use of Lotus and Ms.
Carver explained how this will operate with the County’s current programs. He also
emphasized that the staff should investigate the Company thoroughly before making
any decision, including interviewing other localities using the system.
Mr. Hodge advised that the staff has already provided half of the funds for
the new system and he will go back to the staff for the remaining funds to move forward
in purchasing the system.
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January 23, 2001
It was the consensus of the Board that staff move forward with the
proposal as long as no new funds are appropriated.
2.Review of Mid-year Expenditures and Revenues
The work session was held from 5:25 p.m. until 5:50 p.m. and was
presented by Brent Robertson.
Mr. Robertson presented the mid-year expenditure review of operations
for the departmental budgets and overview of revenue projections for FY 2000-2001. He
also provided each Board member with a notebook containing budget information and a
calendar. He advised that the final retail sales tax figures should be available by the
middle of February. The major departmental concern was the increase in gas and oil
costs. The estimated increase in revenues is $2,749,281.
Supervisor Minnix noted that the estimated real estate assessment
increase is 3.8%. Mr. Hodge advised that few people had questioned their increase, but
Supervisor Nickens noted that in some areas in his district, the increase was at 6%.
There was discussion on how the personal property tax would be figured
and whether the state reimbursement to the localities would be at 50% or 70%. Ms.
Hyatt explained that the personal property tax bills will not go out until the first of April
and the State should have determined the reimbursement by then.
Penny Hodge, Director of Finance and Budget for the Schools, advised
that the VRS net reduction will be $1.5 million which can be allocated towards salaries.
Supervisor Johnson noted that 1% for teachers salaries is $757,000 and 1% for County
salaries is $350,000.
Mr. Robertson highlighted the proposed revenues from the General
Assembly, including funding from the Compensation Board, the Department of Criminal
54
January 23, 2001
Justice, Education and the Department of ABC. Mr. Robertson advised that: (1)
funding for salary increases for constitutional officers and their staffs has not been
included and funding for commissioners of the revenue has been reduced from 80% of
their salaries to 50% of their salaries; (2) the state is replacing General Fund revenues
with Literary Fund monies; and (3) no state funds have been included for teacher salary
increases, assuming that VRS rate reduction savings will be used.
3.Preparation for the Economic Development Forum 2001 on
January 27, 2001.
The work session was held from 5:50 p.m. until 6:00 p.m. Mr. Hodge
briefed the Board on plans for the forum and handed out the notebooks that included
the list of participants, information from the retreat held in January 2000 and an agenda
for the event.
EVENING SESSION
IN RE:CERTIFICATION RESOLUTION
R-012301-4
At 7:00 p.m., Supervisor Minnix advised that the Closed Meeting was held
from 6:10 p.m. until 7:00 p.m., that Supervisor Johnson left the Closed Meeting at 6:41
p.m. due to a potential conflict during the discussion of a real estate matter; and moved
to return to open session and adopt the Certification Resolution. The motion carried by
the following recorded vote:
AYES:Supervisors Johnson, Minnix, Church, Nickens, McNamara
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January 23, 2001
NAYS:None
RESOLUTION 012301-4 CERTIFYING THE CLOSED MEETING WAS
HELD IN CONFORMITY WITH THE CODE OF VIRGINIA
WHEREAS, the Board of Supervisors of Roanoke County, Virginia has
convened a closed meeting on this date pursuant to an affirmative recorded vote and in
accordance with the provisions of The Virginia Freedom of Information Act; and
WHEREAS, Section 2.1-344.1 of the Code of Virginia requires a
certification by the Board of Supervisors of Roanoke County, Virginia, that such closed
meeting was conducted in conformity with Virginia law.
NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of
Roanoke County, Virginia, hereby certifies that, to the best of each members
knowledge:
1. Only public business matters lawfully exempted from open meeting
requirements by Virginia law were discussed in the closed meeting which this
certification resolution applies, and
2. Only such public business matters as were identified in the motion
convening the closed meeting were heard, discussed or considered by the Board of
Supervisors of Roanoke County, Virginia.
On motion of Supervisor Minnix to adopt the Certification Resolution, and
carried by the following recorded vote:
AYES:Supervisors Johnson, McNamara, Church, Nickens, Minnix
NAYS:None
IN RE:PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND AWARDS
1.Resolutions of Congratulations to Kevin Capelety, Northside
High School, for being named to the All State Group AA
Football Team.
R-012301-5
Kevin Capelety was present to receive the resolution.
Supervisor Minnix moved to adopt the resolution. The motion carried by
the following recorded vote:
AYES:Supervisors Johnson, Minnix, Church, Nickens, McNamara
NAYS:None
RESOLUTION 012301-5 OF CONGRATULATIONS TO KEVIN LEE
CAPELETY FOR AN OUTSTANDING FOOTBALL SEASON AND
BEING NAMED TO ALL-STATE FIRST TEAMS, GROUP AA
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January 23, 2001
WHEREAS, team sports are an important part of the curriculum at schools
in Roanoke County, teaching cooperation, sportsmanship and athletic skill; and
WHEREAS, Kevin Lee Capelety, a senior at Northside High School, had
an outstanding season on the football team, and was instrumental in the 2000 Vikings
winning the Blue Ridge District Championship with a record of 10 wins and 2 losses;
and
WHEREAS, Kevin demonstrated his outstanding athletic ability and good
sportsmanship throughout the season; and
WHEREAS, Kevin received the following honors during the 2000 season:
First Team - All-Blue Ridge District
#
District Offensive and Defensive Lineman of the Year
#
First Team - All-Region III - Offensive and Defensive Lineman
#
First Team - V.H.S.C.A. All-State
#
First Team - Associated Press All-State
#
NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of
Roanoke County, Virginia does hereby extend its sincere congratulations to KEVIN LEE
CAPELETY for an outstanding football season and being named to All-State First
Teams, Group AA.
BE IT FURTHER RESOLVED, that the Board of Supervisors extends its
best wishes to Kevin Capelety for continued success in all of his future endeavors.
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 AND SECOND READING OF ORDINANCES
1.Second reading of Ordinance to vacate a sanitary sewer
easement and access easement on plat entitled, “Section No.
1, The Groves”, Plat Book 17, Page 89, a portion of a 20-foot
access easement on plat entitled, “Pump Station Lot (0.400
Ac.) and 20' Access Easement,” Plat Book 17, Page 101, and a
20' water line easement on plat entitled, “Section No. 3, The
Groves,” Plat Book 18, Page 153, and further shown as
Existing Sanitary Sewer and Access Easement (P.B. 17, PG.
89), Existing 20' Access Easement (P.B. 17, PG. 101) and
Existing 20' Water Line Easement (P.B. 18, PG.153) on plat
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January 23, 2001
entitled, “Section No. 5, The Groves,” Plat Book 21, Page 40,
within the boundaries of Monet Drive, located in the Cave
Spring Magisterial District. (Terry Harrington, County Planner)
O-012301-6
Mr. Harrington advised there were no changes to the ordinance since the
first reading. There was no discussion and no citizens to speak.
Supervisor Minnix moved to adopt the ordinance. The motion carried by
the following recorded vote:
AYES:Supervisors Johnson, Minnix, Church, Nickens, McNamara
NAYS:None
ORDINANCE 012301-6 TO VACATE A SANITARY SEWER EASEMENT
AND INGRESS & EGRESS EASEMENT ON PLAT OF “SECTION NO. 1,
THE GROVES,” IN PLAT BOOK 17, PAGE 89, A PORTION OF A 20'
ACCESS EASEMENT ON RESUBDIVISION PLAT OF “PUMP STATION
LOT (0.400 AC.) & 20' ACCESS EASEMENT,” IN PLAT BOOK 17,
PAGE 101, AND A 20' WATER LINE EASEMENT ON PLAT OF
“SECTION NO. 3, THE GROVES,” IN PLAT BOOK 18, PAGE 153, AND
SAID EASEMENTS BEING FURTHER SHOWN AS EXISTING
EASEMENTS ON PLAT OF “SECTION NO. 5, THE GROVES,” IN PLAT
BOOK 21, PAGE 40, WITHIN THE BOUNDARIES OF MONET DRIVE,
AND LOCATED IN THE CAVE SPRING MAGISTERIAL DISTRICT
WHEREAS, by plat entitled ‘SECTIONNO.1,“THEGROVES”’, dated
November 10, 1994, and of record in the Clerk’s Office of the Circuit Court of Roanoke
County, Virginia, in Plat Book 17, page 89, a “S.S.E.” [sanitary sewer easement] and an
“INGRESS AND EGRESS EASEMENT TO SEWER PUMP STATION” [access
easement] were created and shown within the future right-of-way for the extension of
Monet Drive; and,
WHEREAS, by ‘PLATSHOWINGTHERESUBDIVISIONOFTRACT“A”
(52.011AC.)PROPERTYOFNICHOLASH.BEASLEY,TAX#96.02-1-46.4,CREATING
HEREONPUMPSTATIONLOT(0.400AC.)&20'ACCESSEASEMENT” dated
December 15, 1994, and of record in the aforesaid Clerk’s Office in Plat Book 17, page
101, a “NEW 20' ACCESS EASEMENT” was shown and dedicated for access to the
pump station lot, a portion of which lies within the extension of Monet Drive; and,
WHEREAS, by plat entitled ‘SECTIONNO.3,“THEGROVES”’, dated
January 1996, and of record in the aforesaid Clerk’s Office in Plat Book 18, page 153, a
“20' W.E.” [water line easement] was created and shown within the future extension of
Monet Drive; and,
WHEREAS, by plat entitled ‘SECTIONNO.5,“THEGROVES”’, dated
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January 23, 2001
June 23, 1998, and of record in the aforesaid Clerk’s Office in Plat Book 21, page 40,
the extension of Monet Drive was dedicated to the public and each of the above-
described easements are shown as existing easements within the right-of-way; and,
WHEREAS, the Petitioner, Palm Land Company, L.C., has requested that,
pursuant to §15.2-2272.2 of the Code of Virginia (1950, as amended), the sanitary
sewer easement and access easement, a portion of the 20' access easement, and the
20' water line easement be vacated in order for Monet Drive to be accepted into the
state secondary road system, free and clear of any third party rights or encumbrances;
and,
WHEREAS, it will serve the interests of the public to have Monet Drive
accepted into the state secondary road system and, upon receipt of a permit from
VDOT for the existing facilities within the right-of-way of Monet Drive, the subject
easements are no longer required; and,
WHEREAS, this vacation will not involve any cost to the County and will
not interfere with the provision of public services; and,
WHEREAS, notice has been given as required by § 15.2-2204 of the
Code of Virginia (1950, as amended); the first reading of this ordinance was held on
January 9, 2001, and the public hearing and second reading of this ordinance was held
on January 23, 2001.
NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of
Roanoke County, Virginia, as follows:
1.That the “SANITARY SEWER EASEMENT & ACCESS
EASEMENT (P.B. 17, PG. 89) TO BE VACATED” shown hatched on Exhibit A attached
hereto, said easements having been created and shown as “S.S.E.” and “INGRESS
AND EGRESS EASEMENT TO SEWER PUMP STATION” on plat of ‘SECTIONNO.1,
“THEGROVES”’, dated November 10, 1994, and of record in the aforesaid Clerk’s
Office in Plat Book 17, page 89, and further shown as “EX. S.S.E. & ACCESS
EASEMENT, P.B. 17, PG.89" on plat of ‘SECTIONNO.5,“THEGROVES”’, dated June
23, 1998, and of record in the aforesaid Clerk’s Office in Plat Book 21, page 40, located
in the Cave Spring Magisterial District of the County of Roanoke, be, and hereby is,
vacated pursuant to § 15.2-2272 of the Code of Virginia (1950, as amended), subject to
the condition that the existing sanitary sewer facilities may continue to occupy the right-
of-way for Monet Drive in the existing condition and location, and that a permit for the
sanitary sewer lines and facilities is issued by VDOT.
2.That the “PORTION OF 20' ACCESS EASEMENT (P.B. 17, PG.
101) TO BE VACATED” shown hatched on Exhibit A attached hereto, said easement
having been shown and dedicated as “NEW 20' ACCESS EASEMENT” on ‘P
LAT
SRT“A”(52.011A.)PNH.
HOWING THE ESUBDIVISION OF RACTCROPERTY OF ICHOLAS
B,T#96.02-1-46.4,CHPSL(0.400A.)&20'
EASLEYAXREATING EREONUMPTATIONOTC
AE” dated December 15, 1994, and of record in the aforesaid Clerk’s
CCESSASEMENT
Office in Plat Book 17, page 101, and further shown as “EX. 20' ACCESS EASEMENT,
P.B. 17, PG.101" on plat of ‘SECTIONNO.5,“THEGROVES”’, dated June 23, 1998,
and of record in the aforesaid Clerk’s Office in Plat Book 21, page 40, located in the
Cave Spring Magisterial District of the County of Roanoke, be, and hereby is, vacated
pursuant to § 15.2-2272 of the Code of Virginia (1950, as amended).
3.That the “20' WATER LINE EASEMENT (P.B. 18, PG. 153) TO BE
VACATED” shown hatched on Exhibit A attached hereto, said easement having created
and shown as “20' W.E.” on plat of ‘SECTIONNO.3,“THEGROVES”’, dated January
1996, and of record in the aforesaid Clerk’s Office in Plat Book 18, page 153, and
59
January 23, 2001
further shown as “EX. 20' W.L.E., P.B. 18, PG. 53" on plat of ‘SECTIONNO.5,“THE
GROVES”’, dated June 23, 1998, and of record in the aforesaid Clerk’s Office in Plat
Book 21, page 40, located in the Cave Spring Magisterial District of the County of
Roanoke, be, and hereby is, vacated pursuant to § 15.2-2272 of the Code of Virginia
(1950, as amended), subject to the condition that the existing water facilities may
continue to occupy the right-of-way for Monet Drive in the existing condition and
location, and that a permit for the water lines and facilities is issued by VDOT.
4.That all costs and expenses associated herewith, including but not
limited to publication, survey and recordation costs, shall be the responsibility of the
Petitioner, Palm Land Company, L.C.
5.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 the provisions of this ordinance, all of which shall be
on form approved by the County Attorney.
6.That this ordinance shall be effective on and from the date of its
adoption, and a certified copy of this ordinance shall be recorded in the Clerk’s Office of
the Circuit Court of Roanoke County, Virginia, in accordance with § 15.2-2272.2 of the
Code of Virginia (1950, as amended).
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
2.Second reading of ordinance for a Special Use Permit for
construction of mini-warehouses, located at 4530 Barley Drive,
Catawba Magisterial District upon the petition of Jerry
Letterman. (Terry Harrington, County Planner)
O-012301-7
Mr. Harrington advised that the main concern at the Planning Commission
was the VDOT proposal to improve Route 11/460 and the impact the widening would
have on the property. Current plans indicate that this entire property may be needed for
road improvements. Mr. Letterman verified that the proposed warehousing units are
mobile and that if VDOT takes the property they could be moved to another property, or
sold. The Planning Commission recommended approval with three conditions.
Supervisor Church moved to adopt the ordinance. The motion carried by
the following recorded vote:
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January 23, 2001
AYES:Supervisors Johnson, Minnix, Church, Nickens, McNamara
NAYS:None
ORDINANCE 012301-7 GRANTING A SPECIAL USE PERMIT TO
JERRY LETTERMAN TO CONSTRUCT AND OPERATE MINI-
WAREHOUSES IN AN I-2 ZONING DISTRICT, TO BE LOCATED AT
4530 BARLEY DRIVE (TAX MAP NO. 64.02-2-2), CATAWBA
MAGISTERIAL DISTRICT
WHEREAS, Jerry Letterman has filed a petition for a special use permit to
construct and operate mini-warehouses in an I-2 zoning district, to be located at 4530
Barley Drive (Tax Map No. 64.02-2-2) in the Catawba Magisterial District; and
WHEREAS, the Planning Commission held a public hearing on this matter
on January 2, 2001; and
WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a
first reading on this matter on December 19, 2000; the second reading and public
hearing on this matter was held on January 23, 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
Jerry Letterman to construct and operate mini-warehouses in an I-2 zoning district, to
be located at 4530 Barley Drive (Tax Map No. 64.02-2-2) 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 conditions:
(1)All storage buildings and doors be neutral or earthtone in
color.
(2)All mini-warehouses located on the site will be of a
portable/mobile design, and shall not be attached to any
permanent foundation. If the property is needed for the
improvements to Route 11/460, the buildings shall be
removed by the applicant, and the value of the buildings, or
the cost to remove them shall not be a cost to VDOT.
(3)The construction of the units will be similar to the phasing
plans as stated on the submitted site plan dated November
27, 2000.
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, and carried by
the following recorded vote:
AYES:Supervisors Johnson, McNamara, Church, Nickens, Minnix
NAYS:None
IN RE:PUBLIC HEARINGS
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January 23, 2001
1.Public Hearing to receive comments on the following two TEA-
21 grants as follows:
(a) for the Blue Ridge Parkway Interpretative Center at Explore
Park, Phase II
(b) joint grant application with the City of Salem for the
construction of the Roanoke River Greenway from Green Hill
Park to the corporate limits of the City of Salem.
R-012301-8
Ms. Hyatt explained that staff has developed TEA-21 applications for two
different projects, both of which were awarded funding last year. Because last year’s
funding was less than requested and insufficient to complete the projects, applications
are being resubmitted to try to get additional funds. The applications are as follows:
(1) A grant for the Blue Ridge Parkway Interpretive Center at Virginia’s Explore Park,
Phase III, for exhibit fabrication and installation, related upfit and landscaping. This
project was awarded $211,000 last year, matched by $52,750 of funds from Roanoke
County spent on the design of the exhibits. This application requests an additional
$460,000 in TEA-21 funds, matched by $115,000 in National Park Service and Roanoke
County in-kind services and private donations. (2) A grant application submitted jointly
with the City of Salem for the design and construction of the Roanoke River Greenway,
consisting of 7.2 miles in western Roanoke County and the City of Salem. This project
was awarded $300,000 last year, $175,000 of which will be used for construction of the
greenway in Green Hill Park, matched by $47,100 approved by the Board on January 9,
2001. This year’s application requests $1.6 million in additional TEA-21 funds, to be
matched by $450,000 in right-of-way donations, in-kind services and capital funds.
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January 23, 2001
Roanoke County’s share of the capital funds would be $32,000 to be used as match to
funds for the Diuguids Lane Bridge. If the project is fully funded, these funds would be
needed in FY 2003 or 2004.
Ms. Hyatt explained this time has been set aside for citizen comments on
the grant applications. There were no citizens to speak on either of the grants.
Supervisor Nickens moved to adopt the Blue Ridge Parkway Interpretive
Center grant application resolution. The motion carried by the following recorded vote:
AYES:Supervisors Johnson, Minnix, Church, Nickens, McNamara
NAYS:None
RESOLUTION 012301-8 SUPPORTING THE TEA-21 GRANT
APPLICATION FOR PHASE III OF THE BLUE RIDGE PARKWAY
INTERPRETIVE CENTER.
WHEREAS, the Transportation Enhancement Act for the 21st Century
(TEA-21) was signed into federal law in June 1998, and
WHEREAS, the Act authorizes $18.5 million a year through 2003 in
Virginia for transportation enhancement, and
WHEREAS, a transportation enhancement grant application has been
submitted by Roanoke County for Phase III of the Blue Ridge Parkway Interpretive
Center, for exhibit fabrication and installation, related upfit and landscaping; and
WHEREAS, the purpose of the Interpretive Center is to orient visitors to
the Blue Ridge Parkway and surrounding region and to interpret the cultural heritage,
scenic qualities and recreational features of the Parkway region in this area of Virginia
and to provide tourist information about attractions in the Roanoke Valley and western
Virginia, and
WHEREAS, the grant application requests $460,000 in TEA-21 funds,
matched by $115,000 in National Park Service and Roanoke County in-kind services
and private donations, and
WHEREAS, each grant application must be accompanied by a resolution
of support from the local government by January 31, 2001;
BE IT THEREFORE RESOLVED, that the Board of Supervisors of
Roanoke County supports the TEA-21 grant application for Phase II of the Blue Ridge
Parkway Interpretive Center.
On motion of Supervisor Nickens to adopt the resolution, and carried by
the following recorded vote:
AYES:Supervisors Johnson, McNamara, Church, Nickens, Minnix
NAYS:None
63
January 23, 2001
R-012301-9
Supervisor Church moved to adopt the Roanoke River Greenway grant
application resolution. The motion carried by the following recorded vote:
AYES:Supervisors Johnson, Minnix, Church, Nickens, McNamara
NAYS:None
RESOLUTION 012301-9 SUPPORTING THE TEA-21 GRANT
APPLICATION FOR ROANOKE RIVER GREENWAY
WHEREAS, the Transportation Enhancement Act for the 21st Century
(TEA-21) was signed into federal law in June 1998, and
WHEREAS, the Act authorizes $18.5 million a year through 2003 in
Virginia for transportation enhancement, and
WHEREAS, a supplementary transportation enhancement grant
application has been submitted by Roanoke County and the City of Salem for the
Roanoke River Greenway project, a 7.2 mile section in western Roanoke County and
the City of Salem, and
WHEREAS, the grant application requests $1.6 million in TEA-21 funds,
matched by right-of-way donations, in-kind services and capital funds, and
WHEREAS, Roanoke County’s share of the capital funds would be
$32,000 over three years, and
WHEREAS, the Roanoke River Greenway is considered the backbone of
the Roanoke Valley greenway system, and
WHEREAS, each grant applications must be accompanied by a resolution
of support from the local government by January 31, 2001;
THEREFORE BE IT RESOLVED, that the Board of Supervisors of
Roanoke County, Virginia, supports the TEA-21 grant application for the Roanoke River
Greenway project.
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:REPORTS AND INQUIRIES OF BOARD MEMBERS
Supervisor Johnson
noted that the Board passed a resolution supporting
the TEA-21 grant for the Roanoke River Greenway Trail through Green Hill Park.
Supervisor McNamara:
(1) He announced that there will be an Economic
Development Forum on Saturday, January 27 and thanked everyone involved in the
planning process. He named some of the participants in the forum and explained that
64
January 23, 2001
this was a continuation of a process that began last year. (2) He advised that he
received correspondence that the Vinton Fire and Rescue had problems with covering
some of their areas, especially in Mount Pleasant and asked if the County was any
closer to shared coverage with the other localities. Mr. Hodge reported that Chairman
Grigsby and Chief Burch are working through the issues related to sharing coverage
and much depends on the modifications being made to stations and completion of
training for new recruits. Mr. Hodge hopes to bring back a report within the next few
weeks.
Supervisor Church:
(1) He advised that he will be going to Richmond
with Mr. Hodge and Supervisor Nickens to encourage the General Assembly to maintain
or increase local revenues. (2) He expressed concern about the closing of Catawba
Hospital and the effect it will have on the patients, employees and the Catawba
Community. He announced that a letter went to Governor Gilmore expressing the
Board’s concerns.
Supervisor Nickens:
(1) He advised that $500,000 has been allocated for
Clearbrook and Mt. Pleasant fire station renovations, and renovations to additional
stations will be funded from the $907,000 year end surplus recently approved by the
Board . (2) He announced that he has been asked to serve on a Virginia Association of
Counties/Virginia Municipal League Task Force to develop strategies and goals for the
two organizations to work together. (3) He advised that he received correspondence
from a gentleman concerned about vehicles with out-of-state tags and local decals at
his apartment complex. He pointed out that previously students were hired to go into
apartment complexes and check for illegal decals, and suggested that Mr. Hodge
discuss with the Commissioner of Revenue doing this again. (4) He advised that the
Board approved an appropriation today for the Schools of $2.4 million with part being
65
January 23, 2001
used for school buses. They also recently reviewed the County year end surplus. He
also advised that real estate assessments in his area had increased by 6% and
suggested that the Board consider returning part of these funds to the citizens by
reducing the tax rate.
Supervisor Minnix:
He announced that the Board will go back into Work
th
Session on the 4 floor to discuss the potential water park.
IN RE:WORK SESSION ON PROPOSED WATER PARK
The work session was held from 7:35 p.m. to 8:00 p.m. and was
presented by Pete Haislip, Director of Parks, Recreation and Tourism and Diane Hyatt,
Chief Financial Officer.
Mr. Haislip reported that the survey identified several popular areas for the
proposed water park, and a citizen survey identified 59% support for the idea of a water
park.
In response to questions, Mr. Haislip advised that various models will be
considered including a private park, a public park, or a combination private-public park;
and that the park will be open for approximately 100 days each year. Mr. Haislip
explained that the next step is to conduct a feasibility study which will take about one
month. There was general consensus to move forward with the Phase II Feasibility
Study.
IN RE:DISCUSSION ON VIRGINIA GAS PIPELINE CO-LOCATION
Mr. Mahoney asked for direction on whether to spend $10,000 to hire an
engineer to do a costs analysis of the gas pipeline within the existing easement to
submit to the State Corporation Commission. Since the Board had already announced
66
January 23, 2001
adjournment, he advised that he would ask for direction at the Saturday, January 27
Economic Development Forum.
IN RE:ADJOURNMENT
At 8:00 p.m. Chairman Minnix adjourned the meeting to February 13, 2001
at 12:00 Noon for a tour and demonstration of the Regional Fire EMS Training Center.
Submitted by,Approved by,
__________________________________
Mary H. Allen, CMCH. Odell Minnix
Clerk to the BoardChairman