HomeMy WebLinkAbout1/26/1999 - Regular
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January 26, 1999
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Roanoke County Administration Center
5204 Bernard Drive
Roanoke, Virginia 24018
January 26, 1999
The Board of Supervisors of Roanoke County, Virginia, met this day at the
Roanoke County Administration Center, this being the fourth Tuesday, and the second
regularly scheduled meeting of the month of January, 1999.
N RE:
CALL TO ORDER
Chairman Johnson called the meeting to order at 3:01 p.m. The roll call was
taken.
MEMBERS PRESENT:
Chairman Bob L. Johnson, Vice Chairman Harry C. Nickens
(Arrived 3:04 p.m.), Supervisors Fenton F. "Spike" Harrison,
Joseph McNamara, H. Odell "Fuzzy" Minnix
MEMBERS ABSENT:
None
STAFF PRESENT:
Elmer C. Hodge, County Administrator; Paul M. Mahoney,
County Attorney; Mary H. Allen, Clerk; John M. Chambliss,
Assistant County Administrator; Don C. Myers, Assistant
County Administrator, Anne Marie Green, Director, Community
Relations
IN RE:
OPENING CEREMONIES
The invocation was given by Supervisor Minnix. The Pledge of Allegiance
was recited by all present.
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January 26,1999
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INRE:
REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF
AGENDA ITEMS
Mr. Hodge added two items to the Executive Session pursuant to Code of
Virginia 2.1-344 a (7) consultation with legal counsel - dispute between IDA and Branch
Highways; and 2.1-344 a (3) acquisition of real estate - Merriman site and purchase of
water system.
Supervisor McNamara asked to discuss an item under the rezoning consent
agenda.
INRE:
PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND AWARDS
1.
Resolution of Appreciation UDon the retirement of Joan A.
Nelson. Social Services Department.
R-012699-1
Chairman Johnson presented the resolution and notification of savings bond
to Ms. Nelson.
Supervisor Minnix moved to adopt the resolution. The motion carried by the
following recorded vote:
AYES:
Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
NAYS:
None
RESOLUTION 012699-1 EXPRESSING THE APPRECIATION OF THE
BOARD OF SUPERVISORS OF ROANOKE COUNTY UPON THE
RETIREMENT OF JOAN A NELSON, SOCIAL SERVICES DEPARTMENT
WHEREAS, Joan A. Nelson was first employed on July 1, 1966, as a social
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January 26, 1999
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worker in the Social Services Department; and
WHEREAS, Joan A. Nelson retired from Roanoke County, as a Senior
Social Worker on January 1, 1999, after thirty two years and 6 months of services; and
WHEREAS, Joan A. Nelson has focused her career on serving children in
foster care and adoption, and has been recognized as an expert in adoption services for
the Commonwealth of Virginia; and
WHEREAS, Joan A. Nelson, through her employment with Roanoke County,
has been instrumental in improving the quality of life for its citizens.
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of
Roanoke County expresses its deepest appreciation and the appreciation of the citizens
of Roanoke County to JOAN A. NELSON for over thirty two years of capable, loyal and
dedicated service to Roanoke County.
FURTHER, the Board of Supervisors does express its best wishes for a
happy, restful, and productive retirement.
On motion of Supervisor Minnix to adopt the resolution, and carried by the
following recorded vote:
AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
NAYS: None
IN RE:
NEW BUSINESS
1...
ADproval of the 1999 Board ADpointments to Committees.
Commissions and Boards. (Mary H. Allen. Clerk to the Board)
A-012699-2
Supervisor Nickens announced that he was no longer a member of the V ACo
Finance Steering Committee and asked that this committee be deleted. There was a
discussion on the School Construction Advisory Committee and Supervisor Johnson
suggested that the committee be abolished if there are no meetings by April 1, 1999.
Supervisor Minnix moved to approve the Board appointments with Supervisor
Nickens deleted as a member of VA Co Finance Steering Committee. The motion carried
by the following recorded vote:
AYES:
Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
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January 26,1999
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NAYS:
None
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Request to enter into a contract to acceDt $50.000 grant from the
Fifth District Reaional Alliance for Regional Competitiveness
funds to assist in imDlementina the Blue Ridge Parkway
Orientation/Interpretation Center.
(Joyce Waugh. Assistant
Director of Economic Development)
A-O12699-3
Ms. Waugh reported that Roanoke County requested funds from the Fifth
Planning District Regional Alliance to assist in designing and creating construction
documents for the construction of the Blue Ridge Parkway Orientation/Interpretation
Center to be located at the terminus of the Roanoke River Parkway on land owned by the
Virginia Recreational Facilities Authority. To obtain the $50,0000 award, Roanoke County
must enter into a contract with the Fifth Planning District Regional Alliance. Roanoke
County would be responsible for the appropriate expenditure of funds and provide
quarterly reports to the Alliance. Upon completion of the agreement, the County will
become the recipient of $600,000 from the Highway Trust Fund, and $250,000 from the
Department of the Interior/National Park Service. Roanoke County has allocated $30,000
in the current budget for this project. Ms. Waugh requested that the Board accept the
$50,000 and authorize the County Administrator to enter into a contract with the Fifth
District Regional Alliance.
Supervisor Nickens moved to accept the $50,000 and enter into the contract.
January 26, 1999
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The motion carried by the following recorded vote:
AYES:
Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
NAYS:
None
3.
Reauest from Schools to appropriate $889.84 Goals 2000
Educate America Grant for technoloay training. (Dr. Jane James.
Director of Technology)
A-012699-4
Dr. James advised that this grant was received under the Goals 2000
Educate America Grant and the funds will be used for technology training.
Supervisor Nickens moved to approve the grant. The motion carried by the
following recorded vote:
AYES:
Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
NAYS:
None
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Request from Schools to appropriate $39.084.29 Goals 2000
Educate America Grant to purchase Windows 98 ComDuters.
(Dr. Jane James. Director of TechnoloQv)
A-012699-5
Ms. James explained that these funds will be used to purchase 31 computers
for secondary schools to be used for research in the library media centers.
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January 26, 1999
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Supervisor Nickens moved to approve the grant. The motion carried by the
following recorded vote:
AYES:
Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
NAYS:
None
INRE:
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 23, 1999. The motion carried by the following
recorded vote:
AYES:
Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
NAYS:
None
There was discussion on items 3 and 4, and Supervisor McNamara and
Supervisor Harrison advised that community meeting on these issues would be held in
their districts.
1...
First reading of ordinance to rezone 14.7 acres from AG-1 to R-1
to construct single family detached residences. located on the
west side of Wildwood Road. north of 1-81. Catawba Maaisterial
District. upon the petition of Wildwood Development. Inc.
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First readina of ordinance to rezone 11.66 acres from C-2
conditional to C-2 conditional to amend the existing condition
and obtain a SDecial Use Permit to construct a 160 foot cellular
monopole tower. located at 925 North Electric Road. Catawba
MaQisterial District. UDon the Detition of Triton PCS (Pinkerton
Chevrolet).
January 26,1999
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IN RE:
First reading of ordinance authorizinlil a Special Use Permit to
construct a 120 foot cellular monopole tower. located at 1887
Electric Road. Windsor Hills Maaisterial District. upon the
Detition of Triton PCS (Good Shepherd Church).
First reading of ordinance authorizina a Special Use Permit to
construct a 40 foot addition to an existing monopole tower.
located at 4135 West Main Street. Çatawba Maaisterial District.
UDon the petition of Triton PCS (West Main).
First readina of ordinance to rezone 3.77 acres from C-1
Conditional to C-2 conditional to construct a restaurant. located
on the north side of Electric Road. east of Colonnade Corporate
Center II. Windsor Hills Magisterial District. upon the petition of
Blue Ridae Cafe. LC.
FIRST READING OF ORDINANCES
1...
First readina of ordinance authorizing the acquisition of real
estate for the Carvin Creek Hazard Mitigation Proiect to reduce
the number of structures in the Carvin Creek FloodDlain.
(Georae
Simpson.
Assistant
Director
of
Community
Development)
Mr. Simpson explained that the Board of Supervisors held a work session on
December 15, 1998 on the Carvin Creek Hazard Mitigation Project. Drafts of the proposed
acquisition policy and purchase agreements were given to the Board members at the work
session. The Board later agreed to accept a grant from the Federal Emergency
Management Agency (FEMA) to purchase flood-prone homes in the Sun Valley/Palm
Valley area of Roanoke County. The purpose of the grant is to reduce the number of
structures located in the floodplain and subject to flooding damages. FEMA is funding this
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January 26,1999
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program with contributions from the State and the County.
Mr. Simpson explained that part of the process of acquiring the flood prone
properties in the Carvin Creek Hazard Mitigation Project involves the adoption of an
acquisition policy which sets forth procedures and requirements, for both the affected
property owner and Roanoke County, under which acquisition of property by Roanoke
County will be accomplished. Staff is recommending that the Board approve the
acquisition policy and authorize the County Administrator to enter into agreements to
acquire properties that have been identified.
Mr. Simpson advised that there is a prioritized list of thirteen homeowners
who have expressed interest in selling their property through this program. The purchase
amount offered will be solely determined by the guidelines of the acquisition policy and is
not subject to negotiation. If a homeowner declines to accept the offer, the County will use
the funds to acquire other property from the prioritized list. Staff does not anticipate this
to become an issue, particularly with the property most heavily impacted by flooding. The
estimated cost of the project is $688,100.00.
Supervisor Minnix asked what would happen to the homes. Supervisor
Johnson responded that the homes will be either demolished or a contractor may purchase
and remove them to another area. In response to an inquiry from Supervisor Nickens, Mr.
Simpson advised that demolition is included in the available funds.
Supervisor Johnson moved to approve the first reading and set the second
reading for February 9, 1999. The motion carried by the following recorded vote:
AYES:
Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
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January 26, 1999
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NAYS:
None
2.
First readina of ordinance to vacate. quitclaim and release the
major Dortion of a 15' sanitary sewer easements across property
of Cave Spring BaDtist Church located in the Windsor Hills
Magisterial District. (Arnold Covey. Director of Community
Development)
Mr. Covey reported that the petitioner, Cave Spring Baptist Church, has
requested that the Board vacate, quitclaim and release a major portion of the sanitary
sewer easement to eliminate the encumbrance. The Utility Department advised that the
sewer is not expandable, and is of no benefit to the County.
Supervisor McNamara moved to approve the first reading and set the second
reading for February 9, 1999. The motion carried by the following recorded vote:
AYES:
Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
NAYS:
None
IN RE:
SECOND READING OF ORDINANCES
1...
Second readina of ordinance authorizing the convevance of Well
Lot #1 in Section 1. Campbell Hills. to Thomas. Ltd. (Paul
Mahonev. County Attorney)
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January 26,1999
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There was no discussion and no citizens to speak on this ordinance.
Supervisor Harrison moved to adopt the ordinance. The motion carried by
the following recorded vote:
AYES:
Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
NAYS:
None
ORDINANCE 012699-6 AUTHORIZING THE CONVEYANCE OF WELL
LOT #1 (TAX MAP NO. 63.04-2-21) IN SECTION 1 OF CAMPBELL HILLS
TO THOMAS, LTD.
WHEREAS, a certain parcel of real estate located in Section 1 of Campbell
Hills and designated "Well Lot" upon a plat prepared by T. P. Parker & Son dated March
19, 1975 of record in the Clerk's Office of the Circuit Court of Roanoke County in Plat Book
9 at page 35, was so designated for the specified purpose of use as a well lot; and,
WHEREAS, pursuant to agreement between Thomas Brothers, Inc. and
Roanoke County, the use of said parcel by the County was subject to the condition that the
property would revert to the Grantors in the event the property ceased to be used as a well
lot; and
WHEREAS, the County has ceased to use this parcel as a well lot and the
subject parcel will not be used for the specified purpose.
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 January 12, 1999; and a second
reading was held on January 26, 1999; and,
2. That pursuant to the provisions of Section 16.01 of the Charter of
Roanoke County, the remaining rights in the subject parcel of real estate are hereby
declared to be surplus and the condition applicable to the property renders it unacceptable
and unavailable for other public uses; and,
3. That conveyance of the subject parcel, described as "Well Lot" upon
a plat prepared by T. P. Parker & Son dated March 19, 1975, of record in Plat Book 9 at
page 35 in the Roanoke County Circuit Court Clerk's Office and further described as Tax
Map No. 63.04-2-21, to Thomas Ltd. is hereby authorized.
4. That the County Administrator is hereby authorized to execute such
documents and take such actions as may be necessary to accomplish this conveyance,
all of which shall be on form approved by the County Attorney.
On motion of Supervisor Harrison to adopt the ordinance, and carried by the
following recorded vote:
January 26, 1999
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AYES:
NAYS:
Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
None
INRE:
CONSENT AGENDA
R-O12699-7: R-012699-7.d
Supervisor Johnson moved to adopt the Consent Resolution. The motion
carried by the following recorded vote:
AYES:
Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
NAYS:
None
RESOLUTION 012699-7 APPROVING AND CONCURRING IN CERTAIN
ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR
THIS DATE DESIGNATED AS ITEM J -CONSENT AGENDA
as follows:
BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia,
1. That the certain section of the agenda of the Board of Supervisors for
January 26, 1999 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 6, inclusive, as follows:
1.
Approval of Minutes - January 4, 1999.
2.
Confirmation of Committee Appointments to the Roanoke Regional
Airport Commission.
3.
Acceptance by the Police Department of a grant from Bureau of
Justice Assistance for Data Imaging.
4.
Acceptance by the Police Department of a V-Stop grant from the
Department of Criminal Justice for prevention and investigation of
violent crimes against women.
5.
Acceptance of Carlsbad Circle and a portion of Bloomfield Avenue
into the Virginia Department of Transportation Secondary System.
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6.
Ratification of revisions to the Blue Ridge Community Services Board
of Directors By-laws.
2. That the Clerk to the Board is hereby authorized and directed where
required by law to set forth upon any of said items the separate vote tabulation for any
such item pursuant to this resolution.
On motion of Supervisor Johnson to adopt the Consent Resolution, and
carried by the following recorded vote:
AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
NAYS: None
RESOLUTION 012699-7.d REQUESTING ACCEPTANCE OF CARLSBAD
CIRCLE AND A PORTION OF BLOOMFIELD AVENUE INTO THE
VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY SYSTEM.
WHEREAS, the streets described on the attached Additions Form SR-5(A),
fully incorporated herein by reference, are shown on plats recorded in the Clerk's Office
of the Circuit Court of Roanoke County, and
WHEREAS, the Resident Engineer for the Virginia Department of
Transportation has advised this Board the streets meet the requirements established by
the Subdivision Street Reauirements of the Virginia Department of Transportation, and
NOW, THEREFORE, BE IT RESOLVED, this Board of Supervisors of
Roanoke County, Virginia, requests the Virginia Department of Transportation to add the
streets described on the attached Additions Form SR-5(A) to the secondary system of
state highways, pursuant to §33.1-229, Code of Virginia, and the Department's Subdivision
Street Requirements, and
BE IT FURTHER RESOLVED, that this Board of Supervisors of Roanoke
County, Virginia, guarantees a clear and unrestricted right-of-way, as described, and any
necessary easements for cuts, fills and drainage, and
BE IT FURTHER RESOLVED, that the Board of Supervisors of Roanoke
County, Virginia, orders that a certified copy of this resolution be forwarded to the Resident
Engineer for the Virginia Department of Transportation.
Recorded Vote
Moved By:
Seconded By:
Yeas:
Nays:
Supervisor Johnson
None Required
Supervisors McNamara Minnix Harrison Nickens Johnson
None
INRE:
REQUESTS FOR WORK SESSIONS
Supervisor Harrison suggested that a work session be held on the widening
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of Interstate 81. Mr. Hodge suggested February 9, 1999, or March 9, 1999.
INRE:
CITIZENS' COMMENTS AND COMMUNICATIONS
1. David Courey. 3419 Ashemeade Dr. SW.. suggested that the County
consider changing to at-large elections instead of election by magisterial district to
eliminate the sectionalism that he feels currently exists in the County.
INRE:
REPORTS
Supervisor Minnix moved to receive and file the following reports. The
motion carried by a unanimous voice vote.
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General Fund UnapDropriated Balance
Capital Fund UnapproDriated Balance
Board Continqency Fund
Future School Capital Reserve
Statement of the Treasurer's Accountability per Investments and
Portfolio Policv as of December 31.1998.
ReDort of Claims Activitv for the Self-Insurance Proaram.
Statement of Expenditures and Revenue for the month ended
December 31. 1998.
Accounts Paid - December 1998
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January 26, 1999
INRE:
WORK SESSIONS
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Discussion on proposed changes to the Procurement Ordinance.
The work session was held from 4:00 p.m. to 4:55 p.m.
Mr. Hodge explained that the proposed changes to the ordinance are to give
the Procurement staff more time to be involved in the purchase of large dollar items.
Procurement Director Elaine Carver explained how the bids are handled at different dollar
amounts. In response to a question from Supervisor McNamara, she advised that the
proposed changes to the ordinance would save time in bid preparation, save some of the
advertising costs, and allow the staff to monitor contracts more effectively. Mr. Hodge
added that he would like to have the staff more involved in large projects such as fire and
rescue station renovations and school construction.
Ms. Carver also described the current contract with OSI and compared it to
the Office Depot/NACo contract. The Office Depot contract establishes different discounts
depending on the item and delivery takes several days. If the wrong item is shipped, it
takes several more days to ship back. The local supplier, OSI, offers a 50% discount on
all office supplies and provides next day delivery.
Supervisor McNamara offered suggested changes to the dollar limits in
various categories which were accepted by Board consensus. Supervisor Nickens asked
for cost information on the Hepatitis B vaccine for employees and a copy of the OSI
contract for office supplies.
z.
Construction and Financina of the Regional Wastewater Proiect
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The work session lasted from 4:55 p.m. to 5:35 p.m. and was presented by
Gary Robertson, Utility Department Director; Bob Benninger, Utility Department Assistant
Director; and Diane Hyatt, Finance Director. Mr. Robertson presented an overview on the
Tinker Creek Interceptor Sewer, the Roanoke River Interceptor Sewer and the Roanoke
Regional WPCP.
Ms. Hyatt reported on the funding for the Wastewater Treatment Project.
She explained that the project has increased from $42 million to $66 million. She advised
that Roanoke County's share is estimated to be $19,794,900 with funds coming from the
State Water Quality Loan Program and the Sewer Fund Balance. She explained that they
will come back to the Board for approval of a $5.7 million loan.
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Review of 1998 Economic Development Activity Report
The work session was held from 5:35 p.m. to 5:55 p.m. The summary of
1998 economic development activities was presented by Tim Gubala, Economic
Development Director. He reported on the economic development highlights for 1998,
product development, business development, industrial, office and commercial
construction, existing business and industry retention activities, the Industrial Development
Authority, tourism development, and neighborhood development.
INRE:
EXECUTIVE SESSION
At 4:00 p.m., Supervisor Johnson moved to go into Executive Session
following the work sessions pursuant to the Code of Virginia Section 2.1-344 A (3)
acquisition of real estate for public purposes Merriman Site and purchase of water system;
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January 26,1999
2.1-344 A (7) consultation with legal counsel concerning specific legal matter, Gainsharing
Contact with the Town of Vinton; and consultation with legal counsel, dispute between IDA
and Branch Highways. The motion carried by the following recorded vote:
AYES:
Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
NAYS:
None
INRE:
CERTIFICATION RESOLUTION
R-012699-8
At 7:00 p.m., Supervisor Johnson moved to return to open session, that the
Executive Session was held from 5:55 p.m. until 7:00 p.m., and to adopt the Certification
Resolution. The motion carried by the following recorded vote:
AYES:
Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
NAYS:
None
RESOLUTION 012699-8 CERTIFYING EXECUTIVE MEETING WAS HELD
IN CONFORMITY WITH THE CODE OF VIRGINIA
WHEREAS, the Board of Supervisors of Roanoke County, Virginia has
convened an executive meeting on this date pursuant to an affirmative recorded vote and
in accordance with the provisions of The Virginia Freedom of Information Act; and
WHEREAS, Section 2.1-344.1 of the Code of Virginia requires a certification
by the Board of Supervisors of Roanoke County, Virginia, that such executive meeting was
conducted in conformity with Virginia law.
NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of
Roanoke County, Virginia, hereby certifies that, to the best of each member's knowledge:
1. Only public business matters lawfully exempted from open meeting
requirements by Virginia law were discussed in the executive meeting to which this
certification resolution applies, and
2. Only such public business matters as were identified in the motion
convening the executive meeting were heard, discussed or considered by the Board of
Supervisors of Roanoke County, Virginia.
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January 26,1999
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On motion of Supervisor Johnson to adopt the Certification Resolution, and
carried by the following recorded vote:
AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
NAYS: None
INRE:
PUBLIC HEARING AND SECOND READING OF ORDINANCES
Chairman Johnson announced that item 2 under the second readings and
public hearings would be the first item heard by the Board.
1.
Second readina of ordinance to obtain a Special Use Permit to
allow a drive-throuah restaurant. located at 3944 Brambleton
Avenue. Cave Spring Magisterial District. upon the petition of
Grant Avenue Development. Inc. (Terry Harrington. County
Planner)
0-012699-11
Mr. Harrington advised that this request is for a Special Use Permit on a .75
acre parcel in order to operate a fast food restaurant with drive-through facilities. The
proposed use is an Arby's Restaurant. The property is currently zoned C-2 Commercial
and is designated Core in the Comprehensive Plan.
The Planning Commission
recommended approval with a limitation on light pole height of 22 feet.
Richard Baldwin, 3326 Westmoreland Avenue, expressed concern about the
lighting and trash that will come into his yard. He also advised that the trash is picked up
from the dumpster early in the morning which wakes up the neighborhood.
Supervisor Minnix asked Ed Nail, attorney for the petitioner, if he was willing
to fence the area to eliminate trash going into the neighborhood. Mr. Natt responded
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affirmatively. Supervisor Minnix advised he will speak to the adjoining restaurants about
their trash and to BFI about emptying the dumpster early in the morning. Supervisor
Nickens suggested adding a condition concerning the hours for trash pickup.
Supervisor Minnix moved to adopt the ordinance amended with three
additional conditions: (1) the addition of stockade fencing around the property; (2)
restricting the hours of trash pickup to after 8:00 a.m; and (3) moving the dumpster to the
Rite Aid side of the property and away from the neighborhood. The motion carried by the
following recorded vote:
AYES:
Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
NAYS:
None
ORDINANCE 012699-11 GRANTING A SPECIAL USE PERMIT TO GRANT
AVENUE DEVELOPMENT INC. TO ALLOW A DRIVE-THROUGH
RESTAURANT LOCATED AT 3944 BRAMBLETON AVENUE (TAX MAP
NO. 77.13-5-36), CAVE SPRING MAGISTERIAL DISTRICT
WHEREAS, Grant Avenue Development Inc. has filed a petition to allow
a drive-through restaurant located at 3944 Brambleton Avenue (Tax Map No. 77.13-5-36)
in the Cave Spring Magisterial District; and
WHEREAS, the Planning Commission held a public hearing on this matter
on January 5, 1999; and
WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a
first reading on this matter on December 15, 1998; the second reading and public hearing
on this matter was held on January 26, 1999.
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 Grant
Avenue Development Inc. to allow a drive-through restaurant located at 3944
Brambleton Avenue (Tax Map No. 77.13-5-36) in the Cave Spring Magisterial District is
substantially in accord with the adopted 1999 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) No parking lot pole lighting shall be greater than 22 feet in height
January 26,1999
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above grade, and the fixtures shall be designed and located to insure
that no glare or direct light source is visible from residential
properties. Lighting intensity shall be governed by Section 30-94 of
the Roanoke County Zoning Ordinance.
(2) A six foot high stockade-type wooden fence shall be installed along
rear (east) and side (north)property lines. The purpose of the fence
is to help insure that any litter from the site remains on the property.
(3) The dumpster and enclosure shall be installed on the site in the
general location shown on the concept plan prepared by Lumsden
Associates, dated November 19, 1998.
(4) Commercial trash collection (dumpster) service shall only take place
between the hours of 8:00 a.m. and 8:00 p.m.
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 Nickens to adopt the ordinance amended with
conditions 2, 3, and 4 added, and carried by the following recorded vote:
AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
NAYS: None
INRE:
SECOND READING OF ORDINANCES
1...
Second readina of ordinance amendina the Roanoke County
Procurement Code. Sections 17-86.17-88.17-90.17-91.17-91.1,
17-92. and 17-93. to increase purchasing limits. (Elaine Carver.
Director of Procurement) (CONTINUED FROM JANUARY 12. 1999
BECAUSE OF TIE VOTE)
0-012699-9
Mr. Mahoney reported that this item was carried over from January 12
because there was a tie vote and one member was absent. He explained that the Board
held a work session earlier in the meeting to define the various purchasing limits in the
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proposed ordinance. There was general consensus to revise the proposed phone quotes
and written quotes section and to require that letters be sent out to all applicable vendors
on the bid list for quotes over $15,000 and under $30,000 inviting them to bid.
Supervisor Johnson moved to adopt the ordinance with changes discussed
in the work session with the final revised ordinance to be brought back under reports on
February 9,1999. The motion carried by the following recorded vote:
AYES:
Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
NAYS:
None
ORDINANCE 012699-9 AMENDING THE SMALL PURCHASE
PROCEDURES IN THE ROANOKE COUNTY PROCUREMENT CODE,
SECTIONS 17-86, 17-88, 17-90, 17-91, 17-91.1, 17-92, AND 17-93
WHEREAS, the Roanoke County Procurement Code was amended in 1992
to increase the small purchase limit to $15,000; and
WHEREAS, the Roanoke County Procurement Code was last amended in
1988 to establish certain small purchase procedures within the small purchase limit; and
WHEREAS, the 1996 session of the Virginia General Assembly increased
the small purchase limit to $30,000; and
WHEREAS, increasing the small purchase limit and modifying the small
purchase procedures to incorporate these changes will expedite the acquisition of goods
and services, more accurately reflect current costs, take advantage of the capabilities of
recently-installed purchasing software, and improve service to the citizens; and
WHEREAS, the first reading of this ordinance was held on December 15,
1998; and the second reading was held on January 12, 1999; and continued to January
26,1999.
BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia,
that Chapter 17. Procurement Code be amended to read and provide as follows:
Sec. 17-86. Definition.
For the purpose of this division, small purchases shall be defined as
purchases of goods, services, equipment, insurance, construction or other items needed
in the day-to-day operations of the county, the monetary value of which does not exceed
fifteen thousand dollars {$15,000.00) W.&&:"Xt~ and for oontf8cts for singl~ user
mier-eoomptlters and related peripheral equipment and scR.iees not expected to exceed
thirt~ thousand dollars ($30,000.00).
January 26, 1999
81
(Ord. No. 3350, § 2-57, 12-14-82; Ord. No. 85-33, § 1, 3-12-85; Ord. No. 22586-54, § 1,
2-25-86; Ord. No. 92292-8.j, § 1, 9-22-92)
Sec. 17-88. Compliance with procedures; contracts not to be artificially divided so
as to constitute small purchase.
Any contract not exceeding ten thol:l:3and dollaf:3 ($10,000.00) r_A:~:¡may
be made in accordance with small purchase procedures; (see scetion 257 Gmall
PureAa3e Procedures) provided, however, that contract requirements shall not be
artificially divided so as to constitute a small purchase under this division; and provided
further that all procurements exceeding ten Ulol:Isand dollars ($10,000.00) fi$l!:I¡g shall
require specific award by the governing body as made and provided by law.
(Ord. No. 3350, §2-15, 12-14-82; Ord. No. 85-33, § 1, 3-12-85)
Sec. 17-90. Purchases of less than fl.e hundred dollars Iigt1"'fl(d[.tJ¡~!I~pj)j
($500.00) íliZ.iìåii..1I apply to purchases of less tAan five hundred dollars
(b)
he purchasing agent ha:s
authority to make purchases from vendors of choice so long as the purchase
price does not exceed fi.e I'Il:Indr-ed dollars ($500.00);~llmm Contract requirements
shall not be artificially divided so as to come within the provisions of this section.
(Ord. No. 3350, § 2-59,12-14-82; Ord. No. 101188-5, § 1,10-11-88)
Sec. 17-91. Purchases behveen fl.e hundred and fl.e thousand dollars B!I!í.i..
_'.Jiigl"ìl~I_.
(a) TAis section shall a""I~ to "urenases ber.vecn fi.e l'IuRdred dollars
($500.00) and five tl'lousaRd dollars ($5,OOO.00)in value. The "urel'lasing agent may
admiRistrativel) make "ureha3Ðs of u 5 to tell thousand dollars ($10,000.00).
82
January 26, 1999
~
(b) After reeei :Jt of s :Jurehase requisition from the usiRg de :JsrtffieRt or
egeney-, It least three (3) telephone quotations shall be obtained, whenever possible, for
the purchase. A telephone quotation form shall be completed listing: Date, Item,
Description, Quantity, Name of Company, Individual Giving Quote, Pricing, Term, and
Delivery Schedule. The total of all items purchased from this requisition shall Rot exceed
fiye tl'1ousaRd dollars ($5,000.00) ~t.i.
(Ord. No. 3350, § 2-59, 12-14-82; Ord. No. 85-33, § 1,3-12-85; Ord. No. 22586-54, § 1,
2-25-86; Ord. No. 101188-5, § 1,10-11-88)
Sec. 17-91.1.
Purchases beÍ'vyeen the thousand and ten thousand dollars i1
18i'.J~~.(fðlnmIIJJMlQt\
(a) This section snail a :J :Jly to :Jurcl'1ases beÌ\yeeR five thousand dollars
($5,008.00) and ten tl'1ousafld dollars ($10,000.00) ifl value. Tne purcl9asiRg agent ffiSY
adffiiRistratiyel) :Jurel'1sse up to taR tl'1oussRd dollars ($10,000.00)
(b) Purchases U¡~J.I:$j- shall be accomplished through the use of
at least three (3) letter quotations, whenever possible. A letter quotation is a written
request sent to at least three (3) vendors with a specified reply date and time. This is the
most desirable method of acquirin necessa items and should be used when roper
fanning allows sufficient time.
(c) The use of letter quotations requires adequate time for preparation,
mailing, receipt and award, generally two (2) or three (3) weeks from receipt of the
requisition. All quotations received after the reply date and time are nonresponsive and
cannot be considered.
(d) Request for letter quotations are issued by the purchasing agent. To
initiate the letter quotations, the user department should submit a completed requisition
to the purchasing agent, including a list of possible vendors, if available.
(Ord. No. 101188-5, § 1, 10-11-88)
Sec. 17-93. Procedure other than those specified in sections 17-90, 17-91~11_'~
January 26,1999
83
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and 17-92.
When, in the judgment of the purchasing agent, it is in the best interest of the
coun~ to use purchasing procedures other than those specified in sections 17-90, 17-91\;
118- and 17-92, he may prescribe, after consultation with the county administrator,
suitable purchasing procedures. The rationale for such decision shall be documented and
put on file in the purchasing agent's office.
(Ord. No. 3350, § 2-61, 12-14-82)
The effective date of this ordinance shall be January 26, 1999.
On motion of Supervisor Johnson to adopt the ordinance with changes
discussed in the work session, and with the final ordinance brought back under reports at
meeting on February 9, 1999, and carried by the following recorded vote:
AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
NAYS: None
INRE:
PUBLIC HEARING AND SECOND READING OF ORDINANCES
1...
Second reading of ordinance to obtain a Special Use Permit to
construct a private stable. located in the 4100 block of Garst Mill
Road. Windsor Hills Magisterial District. upon the petition of
David Suit. (Terry Harrington. County Planner)
0-012699-10
Mr. Harrington advised that this request was for a Special Use Permit to allow
a private stable on a vacant R-1 zoned property. At the Planning Commission, Mr. Suit
explained that he plans to have a fence at least 8 feet back from the bank of the stream;
that he was agreeable to granting a greenway easement; that the barn will be constructed
of wood; and that he would only be boarding his own horse.
Lee Eddy, 2211 Pommel Drive, spoke on behalf of the Greenway
84
January 26,1999
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Commission and asked that the Board consider increasing the 15 foot minimum setback
from the fence to the stream banks to allow adequate space for the greenway.
In response to a question from Supervisor Harrison, Mr. Harrington advised
that the Planning Commission was reluctant to increase the setback because it might take
too much land. Supervisor Johnson inquired whether there was a sunset clause on the
Special Use Permit. Mr. Harrington responded that the Board would have to add that to
the Special Use Permit as a condition.
Supervisor McNamara moved to adopt the ordinance with conditions. The
motion carried by the following recorded vote:
AYES:
Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
NAYS:
None
ORDINANCE 012699-10 GRANTING A SPECIAL USE PERMIT TO DAVID
SUL T TO CONSTRUCT A PRIVATE STABLE LOCATED IN THE 4100
BLOCK OF GARST MILL ROAD (TAX MAP NO. 77.05-5-16), WINDSOR
HILLS MAGISTERIAL DISTRICT
WHEREAS, David Suit has filed a petition to construct a private stable
located in the 4100 block of Garst Mill Road (Tax Map No. 77.05-5-16) in the Windsor Hills
Magisterial District; and
WHEREAS, the Planning Commission held a public hearing on this matter
on January 5, 1999; and
WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a
first reading on this matter on December 15, 1998; the second reading and public hearing
on this matter was held on January 26, 1999.
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 David
Suit to construct a private stable located in the 4100 block of Garst Mill Road (Tax Map
No. 77.05-5-16) in the Windsor Hills Magisterial District is substantially in accord with the
adopted 1999 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:
January 26, 1999
85
The number of horses shall be limited to three.
A wooden fence shall be constructed along the creek and
shall be setback a minimum of 15 feet from the eastern
boundary of Mudlick Creek to mitigate waste runoff.
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 McNamara to adopt the ordinance, and carried by
the following recorded vote:
AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
NAYS: None
(1 )
(2)
z.
Second readina of ordinance to rezone 11.93 acres from AG-3 to
AR and obtain a Special Use Permit to allow a 9-hole aolf course.
located on the 2600 block of RutrouQh Road. Vinton Magisterial
District. UDon the petition of Randall Wavne Brown. (Terry
Harrioaton. County Planner)
0-012699.12
Mr. Harrington reported that this request is for a rezoning and Special Use
Permit for the construction and operation of a golf course on Rutrough Road. Mr. Brown
plans to construct and operate a nine hole par three golf course.
The Planning
Commission first heard this request on December 1, 1998, and continued the request until
January 5, 1999, to give Mr. Brown time to present more information on the proposal. The
Planning Commission recommended approval with the following conditions: (1) Lighting
shall be limited to the last three holes on the golf course; (2) Height of the light poles shall
be limited to a maximum of 24 feet; and (3) Lights shall be turned off 1/2 hour after
86
January 26, 1999
=
sundown.
J. F. St. Clair, 2532 Rutrough Road, spoke, and expressed concern about
whether there was enough room to build a golf course, and that it was his understanding
that a minimum of $20,000 per green is needed to construct a golf course. He also pointed
out that the area is hilly and steep and there are concerns about erosion.
Jack Parrott, representing the petitioner, responded to Mr. St. Clair's
concerns. He advised that the estimates are from the engineering firms and they will have
to provide the appropriate plans for construction when they get their building permit.
In response to questions from Supervisor Nickens, Mr. Harrington advised
that the land use is Rural Village and a golf course is not consistent with this land use, and
it was not appropriate for the Planning Commission to request a business plan for the
project.
Supervisor Nickens explained that he was concerned about the denigration
of the neighborhood, and that the petitioner does not seem to have enough resources to
build the golf course. He moved to deny the ordinance. The motion carried by the
following recorded vote:
AYES:
Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
NAYS:
None
DENIAL OF ORDINANCE 012699-12 TO CHANGE THE ZONING
CLASSIFICATION OF A 11.93-ACRE TRACT OF REAL ESTATE
LOCATED IN THE 2600 BLOCK OF RUTROUGH ROAD (TAX MAP NO.
79.02-1-23.2) IN THE VINTON MAGISTERIAL DISTRICT FROM THE
ZONING CLASSIFICATION OF AG-3 TO THE ZONING CLASSIFICATION
OF AR AND GRANTING A SPECIAL USE PERMIT TO ALLOW A 9-HOLE
GOLF COURSE ON TAX MAP NO. 79.02-1-23.2 AND 79.02-1-21, UPON
January 26,1999
87
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THE APPLICATION OF RANDALL WAYNE BROWN
WHEREAS, the first reading of this ordinance was held on November 17,
1998, and the second reading and public hearing were held January 26,1999; and,
WHEREAS, the Roanoke County Planning Commission held a public hearing
on this matter on December 1, 1998 and January 5, 1999; and
WHEREAS, legal notice and advertisement has been provided as required
bylaw.
as follows:
BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia,
On motion of Supervisor Nickens to deny the rezoning and special use
permit, and carried by the following recorded vote:
AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
NAYS: None
~
Second reading of ordinance authorizina the conveyance of
0.251 acre (Tax Map Parcel 77.13-5-30) and 0.254 acre (Tax Map
Parcel 77-13-5-31) of real estate to the Home Depot. Inc. (Paul
Mahoney. County Attorney)
0-012699-13
There was no discussion and no citizens to speak on this ordinance.
Supervisor Minnix moved to adopt the ordinance. The motion carried by the following
recorded vote:
AYES:
Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
NAYS:
None
ORDINANCE 012699-13 AUTHORIZING THE CONVEYANCE OF 0.251
ACRE PARCEL OF REAL ESTATE (TAX MAP PARCEL 77.13-5-30) AND
0.254 ACRE PARCEL OF REAL ESTATE (TAX MAP PARCEL 77.13-5-31)
TO THE HOME DEPOT, INC.
as follows:
BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia,
1.
That pursuant to the provisions of Section 16.01 of the Charter of
88
January 26,1999
~
Roanoke County, the subject property has been declared to be surplus, and has been
made available for sale; and
2. That pursuant to the provisions of Section 18.04 of the Charter of
Roanoke County, a first reading of this ordinance was held on January 12, 1999; and the
second reading and public hearing on this ordinance was held on January 26, 1999,
concerning the sale and disposition of a 0.251 acre parcel of real estate (Tax Map No.
77.13-5-30) and a 0.254 acre parcel of real estate (Tax Map No. 77.13-5-31); and
3. That an offer has been received from the Home Depot corporation to
purchase these parcels of real estate for the sum of $285,743.99, and this offer is hereby
accepted; and
4. That the proeeeels from the 8ale of this real estate are te be re
alloe8tcel to the [eðRomie Development rtlblielrrivate raRR6f8hip aeeeunt of the CouRt,.;
8ftè
5. That the County Administrator is authorized to execute such
documents and take such actions as are necessary to accomplish the conveyance of said
property, all of which shall be upon form approved by the County Attorney.
On motion of Supervisor Minnix to adopt the ordinance as amended by
Supervisor Nickens to delete paragraph 4, and carried by the following recorded vote:
AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
NAYS: None
~
Second reading of ordinance amending and reenacting portions
of ChaDter 5. Animals and Fowl. of the Roanoke County Code to
increase the fees for boarding of animals. (John Chambliss.
Assistant Administrator'
0-012699-14
Mr. Chambliss advised that there were no changes to the ordinance since
the first reading.
Mr. James Garris, 3108 Honeywood Lane, suggested changing the language
from "fee" to "user tax." Supervisor Johnson explained that this was only a "pass through"
fee which goes to cover the SPCA charges.
Supervisor Nickens moved to adopt the ordinance. The motion carried by
January 26, 1999
89
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the following recorded vote:
AYES:
Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
NAYS:
None
ORDINANCE 012699-14 AMENDING AND REENACTING A PORTION OF
CHAPTER 5, ANIMALS AND FOWL, OF THE ROANOKE COUNTY CODE
TO INCREASE THE FEES FOR BOARDING OF ANIMALS
WHEREAS, the County's new contract with the Roanoke Valley SPCA
includes an increase in the daily boarding rate for any domestic animal to $8.75 and the
current pickup fee for confined animals no longer covers a reasonable portion of the
County's cost involved in impounding such animals; and
WHEREAS, this ordinance amends a portion of Ordinance 121796-12.a
which was adopted by the Board of Supervisors on December 17,1996; and
WHEREAS, the first reading of this ordinance was held on January 12, 1999,
and the second reading and public hearing for this ordinance was held on January 26,
1999.
BE IT ORDAINED by the Board of Supervisors of the County of Roanoke,
Virginia, as follows.
1. That Chapter 5, ANIMALS AND FOWL of the Roanoke County Code
be amended and reenacted as follows:
Sec. 5-29. Same--Impoundment.
(e) A pickup fee of twenty dollars ($20.00) for the first offense, thirty-five
dollars ($35.00) for the second offense, and fifty dollars ($50.00) for the third offense shall
be imposed in addition to the normal board fee of ~ãfr.......J[11111~t~
seven and tl9ree quarters dollars ($7.75) per day when any dog or cat or domestic animal
is claimed by its owner or custodian. All such fees shall constitute a civil debt owning to
the county and may be enforced against such owner or custodian by civil warrant, suit or
action at law or other legal proceeding.
2. That this ordinance shall be in full force and effect from and after its
adoption.
On motion of Supervisor Nickens to adopt the ordinance, and carried by the
following recorded vote:
AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
NAYS: None
§.
Second reading of ordinance to vacate a portion of the right-of-
way of Longridge Drive. and for that right-of-way to be combined
90
January 26,1999
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'--
with and made a part of Parcel C-1 for stormwater management
easement. Windsor Hills Magisterial District. (Arnold Covey.
Director. Community Development)
0-012699-15
There was no discussion and no citizens to speak on this ordinance.
Supervisor McNamara moved to adopt the ordinance. The motion carried
by the following recorded vote:
AYES:
Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
NAYS:
None
ORDINANCE 012699-15 VACATING A PORTION (0.007 ACRE) OF
RIGHT-OF-WAY ADJOINING PARCEL "C" ON LONGRIDGE DRIVE
DEDICATED ON PLAT OF LONGRIDGE SUBDIVISION, PLAT BOOK 18,
PAGE 19, AND FURTHER SHOWN ADJOINING PARCEL "C-1" ON
RESUBDIVISION PLAT OF LONGRIDGE SUBDIVISION, PLAT BOOK 18,
PAGE 168, IN THE WINDSOR HILLS MAGISTERIAL DISTRICT
WHEREAS, by subdivision plat entitled 'PLAT OF RE-SUBDIVISION FOR
FRANK D. PORTER, 111& BEVERLY V. PORTER AND THE BOARD OF SUPERVISORS
OF ROANOKE COUNTY, VIRGINIA, CREATING HEREON "LONGRIDGE"' dated May 19,
1995, and recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia,
in Plat Book 18, page 19, the owner dedicated a 50-foot right-of-way known as Longridge
Drive; and,
WHEREAS, Longridge Drive is further shown on 'PLAT OF RESUBDIVISION
FOR FRANK D. PORTER, III & BEVERLY V. PORTER CREATING THEREON 'NEW
LOTS 21A THRU 29AAND NEW PARCEL C-1'..." dated March 27,1996, and recorded
in the aforesaid Clerk's Office in Plat Book 18, page 168; and,
WHEREAS, a timber guardrail has been installed within the right-of-way of
the subject portion of Longridge Drive, along the western property line of Parcel "C-1,"
which is designated as a stormwater management area (Plat Book 18, page 168), formerly
Parcel "C" (Plat Book 18, page 19); and,
WHEREAS, the Petitioners, Frank D. Porter, III and Beverly V. Porter, are
the developers of Longridge subdivision and are the current owners of Parcel "C-1,"
designated on the Roanoke County Land Records as Tax Map Number 76.01-2-31; and,
WHEREAS, as a result of the encroachment of the timber guardrail into the
January 26,1999
91
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subject portion of right-of-way of Longridge Drive, the Petitioners have requested that a
portion of Longridge Drive, along the western property line of Parcel C-1, be vacated
pursuant to §15.2-2272.2 of the Code of Virginia (1950, as amended); and,
WHEREAS, the Petitioners have agreed that the vacated portion of right-of-
way will be combined with and made a part of Parcel "C-1" (the stormwater management
area); and,
WHEREAS, this vacation, subject to the conditions herein, will not involve
any cost to the County and the affected County departments have raised no objection; and,
WHEREAS, notice has been given as required by §15.2-2204 of the Code
of Virginia (1950, as amended), and the first reading of this ordinance was held on January
12, 1999; the public hearing and second reading of this ordinance was held on January
26, 1999.
NOW THEREFORE, BE IT ORDAINED by the Board of Supervisors of
Roanoke County, Virginia, as follows:
1. That a portion of Longridge Drive, (0.007 acre) extending along the
western boundary of Parcel "C-1", being designated and shown as "Right-of-Way to be
vacated..." on Exhibit A attached hereto, said right-of-way having been dedicated on the
resubdivision plat entitled 'Plat of Resubdivision for Frank D. Porter, III & Beverly V. Porter
and the Board of Supervisors of Roanoke County, Virginia creating hereon "Longridge'"
dated May 19, 1995, and recorded in the aforesaid Clerk's Office in Plat Book 18, page
19, and being further shown on plat entitled "PLAT OF RESUBDIVISION FOR FRANK D.
PORTER, 111& BEVERLY V. PORTER CREATING THEREON 'NEW LOTS 21A THRU
29A AND NEW PARCEL C-1'..." dated March 27, 1996, and recorded in the aforesaid
Clerk's Office in Plat Book 18, page 168, in the Windsor Hills Magisterial District of the
County of Roanoke, Virginia, be, and hereby is, vacated pursuant to Section 15.2-2272 of
the Code of Virginia (1950, as amended), subject to the following conditions:
b.
That fee simple title to the vacated portion of Longridge Drive shall
vest in the owner of the abutting property (Parcel "C-1") as provided
in §15.2-2274 of the Code of Virginia (1950, as amended), and
subject to the condition that the vacated area of land shall be added
and combined, by deed or by plat, to said abutting property, in
compliance with the Roanoke County Subdivision and Zoning
Ordinances, and other applicable laws and regulations.
That all costs and expenses associated herewith, including but not
limited to publication, survey and recordation costs, shall be the
responsibility of the Petitioner; and,
a.
2. That the County Administrator, an Assistant County Administrator, or
any County Subdivision Agent 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.
92
January 26, 1999
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3. 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 McNamara to adopt the ordinance, and carried by
the following recorded vote:
AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
NAYS: None
IN RE:
REPORTS AND INQUIRIES OF BOARD MEMBERS
Supervisor Harrison: (1) He announced that there would be a community
meeting at the Glen Cove School on February 1, 1999, at 5:30 p.m. to discuss the
proposed tower to be located on Pinkerton Chevrolet property. Supervisor McNamara
advised that there would also be a meeting at the Roanoke County Administration Building
at 7:30 p.m. on February 1, 1999, to discuss the proposed tower to be located near the
Good Shepherd Lutheran Church. (2) He advised that he has received calls from
residents concerning the stormwater overflow at R&L Trucking. He asked the staff to
investigate.
Supervisor Nickens: (1) He asked Arnold Covey to provide him with a copy
of the sediment control plan for the project on Pitzer Road. He understands that there is
to be no construction debris, stumps, etc. used for fill dirt. He asked if a pre-construction
conference was held. (2) He asked for the status of the transfer of Vineyard Park into the
County. Mr. Mahoney advised that he is working with City Attorney Will Dibling. (3) He
announced that he had received a copy of an article from Virginia Review regarding the
funding for emergency medical services charges. He recommended that the other Board
January 26,1999
93
members read it. He advised that he understood that the Committee considering charging
for EMS calls is no longer functioning and asked Mr. Hodge to investigate. (4) He read a
newspaper article on the Rising Star Camp and asked that staff make an unannounced
visit to make sure that they are in compliance with the zoning. Terry Harrington advised
that he had met with Mr. Pollack and his attorney, Ed Natt, and he was advised that there
is a difference between league play and sports camp games.
Supervisor McNamara: (1) He announced that the Board discussed snow
removal on private roads and asked for an update. Mr. Hodge advised that a letter will be
sent to property owners and renters explaining that they live on private road and providing
them with a list of private snow removal contractors. Staff will also explain to the property
owners the process for their roads becoming eligible for acceptance in the VDOT
secondary road system.
Supervisor Minnix: (1) He advised that there is again a business vehicle
parked at Poplar and Martinell, only it is now covered with a tarp. He asked Terry
Harrington to investigate. (2) He explained that he has received phone calls concerning
special use violations pertaining to parking at a used car lot on Brambleton Avenue. He
asked Terry Harrington to investigate.
IN RE:
CITIZENS' COMMENTS AND COMMUNICATIONS
1. James Garris: (1) He asked about the status of the proposed short-term
rental tax. Mr. Hodge advised that staff is investigating the effect on local businesses and
94
January 26, 1999
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will bring this to the Board during the budget process. (2) He asked when the Board would
explain in public about resolving the issues concerning continued membership in the
Regional Chamber of Commerce and the Visitors Bureau. Supervisor Johnson responded
that this will be discussed during the budget process.
2. Nancy Hughes, congratulated the Board on their retreat. She also
expressed pride at the County Schools' high SOL test scores, and suggested that this fact
be included in future economic development efforts.
INRE:
EXECUTIVE SESSION
At 8:25 p.m., Supervisor moved to go into Executive Session following the
~.
work sessions pursuant to the Code of Virginia Section 2.1-344 A (7) consultation with
legal counsel concerning specific legal matter, Gainsharing Contact with the Town of
Vinton. The motion carried by the following recorded vote:
AYES:
Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
NAYS:
None
IN RE:
CERTIFICATION OF EXECUTIVE SESSION
R.012699-16
At 8:58 p.m., Supervisor Johnson moved to return.to open session, that the
Executive Session was held from 8:25 p.m. until 8:58 p.m., and to adopt the Certification
Resolution. The motion carried by the following recorded vote:
January 26,1999
95
:::::J
AYES:
Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
NAYS:
None
RESOLUTION 012699-16 CERTIFYING EXECUTIVE MEETING WAS
HELD IN CONFORMITY WITH THE CODE OF VIRGINIA
WHEREAS, the Board of Supervisors of Roanoke County, Virginia has
convened an executive meeting on this date pursuant to an affirmative recorded vote and
in accordance with the provisions of The Virginia Freedom of Information Act; and
WHEREAS, Section 2.1-344.1 of the Code of Virginia requires a certification
by the Board of Supervisors of Roanoke County, Virginia, that such executive meeting was
conducted in conformity with Virginia law.
NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of
Roanoke County, Virginia, hereby certifies that, to the best of each member's knowledge:
1. Only public business matters lawfully exempted from open meeting
requirements by Virginia law were discussed in the executive meeting to which this
certification resolution applies, and
2. Only such public business matters as were identified in the motion
convening the executive meeting were heard, discussed or considered by the Board of
Supervisors of Roanoke County, Virginia.
On motion of Supervisor Johnson to adopt the Certification Resolution, and
carried by the following recorded vote:
AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
NAYS: None
IN RE:
ADJOURNMENT
Chairman Johnson declared the meeting adjourned at 8:59 p.m.
Submitted by,
Approved by,
'rÝ1 ~ .:J.J. ~
Mary H. Allen, CMC/AAE
Clerk to the Board
96
January 26,1999
E:
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