HomeMy WebLinkAbout5/27/1999 - Regular
May 27,1999
343
Roanoke County Administration Center
5204 Bernard Drive
Roanoke, Virginia 24018
May 27, 1999
The Board of Supervisors of Roanoke County, Virginia, met this day at the
Roanoke County Administration Center, this meeting having been changed from the
second Tuesday to the second Thursday, and the second regularly scheduled meeting of
the month of May, 1999.
IN RE:
CALL TO ORDER
Chairman Johnson called the meeting to order at 3:00 p.m. The roll call was
taken.
MEMBERS PRESENT: Chairman Bob L. Johnson, Vice Chairman Harry C. Nickens,
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 to the Board; 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 Mr. Jack Trent, Superintendent, Roanoke Valley
Juvenile Detention Center. The Pledge of Allegiance was recited by all present. Mr. Trent
updated the Board on renovations at the Juvenile Detention Home.
344
May 27,1999
,-
IN RE:
NEW BUSINESS
L. Reauest from School Board to accrocriate $1,711.890 for FY
1999 State Lottery Funds. /Dr. Jerry Hardv, Director of Budaet
and Data Manaaement)
A-052799-1
Dr. Hardy reported that the 1999 General Assembly passed legislation that
distributes the lottery funds to school divisions in 1999 and 2000. In order to receive these
funds, local governing bodies must: (1) match the state lottery funds with a local share;
(2) appropriate the state lottery funds for education purposes with no less than 50 percent
appropriated for non-recurring expenses; and (3) maintain the same level of local support
for public education operating expenditures as provided in fiscal year 1996. A new
requirement is that unexpended lottery funds from fiscal year 1999 shall be carried over
by the locality to be appropriated to the school division in fiscal year 2000. Roanoke
County schools will receive $1,711,890 in state lottery funds which exceeds their initial
request by $8,316. Dr. Hardy explained that the School Board discussed how these
funds would be spent in a budget work session with the Board of Supervisors and the
funds are already approved in the School Board's budget. This action will appropriate the
funds.
Supervisor Johnson, noting that some ofthe funds would be spent on musical
equipment, suggested using some of the early retirement teachers to contact former
students to donate their musical instruments. In response to a question from Supervisor
Minnix, School Superintendent Deanna Gordon advised that there will probably be 150
May 27,1999
345
-
Supervisor Minnix moved to adopt the request. 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 June 22, 1999. The motion carried by the following
recorded vote:
AYES:
Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
NAYS:
None
L. First readina of ordinance to obtain a Scecial Use Permit to
construct a life care facility. located at 7603 Marson Road.
Hollins Maaisterial District. ucon the cetition of HCMF/American
Healthcare.
2. First readin9 of ordinance to obtain a Scecial Use Permit for an
accessory acartment. located at 4927 Huntridae Road. Hollins
Magisterial District. ucon the cetition of Elizabeth Lawson.
3. First readina of ordinance to rezone 10.61 acres from R-1 to AR
to construct areenhouses. located on West River Road (tax mac
#64.03-1-341. Catawba Maaisterial District. ucon the cetition of
Roaer Rardin-The Tyler Rose. Inc.
IN RE:
FIRST READING OF ORDINANCES
L. First readina of an ordinance to acauire the Read Mountain Water
346
May 27,1999
-
SYstem. (Garv Robertson. Utility Director)
Mr. Robertson advised that Fralin and Waldron purchased Crumpacker
Orchards in the early 1970's for a residential development known as the Orchards
subdivision. Because public water was not available at that time, Fralin and Waldron, Inc.
developed a private water system named Read Mountain Water Company. The heirs of
Horace Fralin and Elbert Waldron have now decided to sell the water company. Roanoke
County has been given the first opportunity to purchase the system, which currently serves
approximately 560 customers.
Mr. Robertson explained that the staff has been negotiating with Fralin and
Waldron for several months and a contract is pending. The agreement calls for Roanoke
County to pay $600,000. Read Mountain Water Company will read the meters and send
the final quarterly bill within three days prior to closing. Roanoke County will pay Read
Mountain Water Company 95% of the value of these billings, estimated at $30,000, and
will be responsible for collection from the users. Roanoke County also agrees to pay off-
site facility fees for up to 256 new residential connections. If there is a problem in the
future with the groundwater sources, the County would not be obligated to provide new
connections. Mr. Robertson requested that If the purchase of the water system is
approved, staff recommends that County rates and charges become effective at time of
closing and the vehicle and personnel count of the Utility Department be increased by two.
These personnel will be utilized for meter reading, customer service, routine maintenance
and emergency service.
Mr. Robertson presented a timetable for purchase of the water system and
May 27,1999
347
-
Mr. Robertson presented a timetable for purchase of the water system and
explained that the SCC must approve the sale of the water system in accordance with the
Utility Transfers Act in the Code of Virginia.
Funds for purchase ofthe water system are available as follows: $269,737.51
are presently allocated in Water Fund for water system acquisition and $370,262.49 is
available in Water Fund Unappropriated Balance for a total of $640,000.00. Mr.
Robertson recommended that staff approve the purchase of the Read Mountain Water
System and the addition of two personnel and vehicle count after approval from the State
Corporation Commission.
Supervisor Nickens expressed concern about adding two additional staff and
vehicles for only 800 additional customers. Mr. Robertson responded that the additional
staff would be doing more than reading meters, and that they are currently spending over
$300,000 in overtime costs. Supervisor Nickens asked for additional information about the
proposed additional positions and the current overtime costs at second reading on June
8, 1999.
Supervisor Johnson moved to approve the first reading and set the second
reading for June 8, 1999. The motion carried by the following recorded vote:
AYES: Supervisors McNamara, Minnix,'Harrison, Nickens, Johnson
NAYS: None
IN RE:
SECOND READING OF ORDINANCES
L. Second readina of ordinance authorizina the acauisition of
348
May 27,1999
-
W. Gallimore for an access road Into the Roanoke County Center
for Research & Technoloay.
(Tim Gubala. Economic
Develocment Director)
0-052799-2
There was no discussion and no citizens present 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 052799-2 AUTHORIZING ACQUISITION OF PROPERTY ON
GLEN MARY DRIVE FROM MARTIN GALE GALLIMORE AND GARY
WAYNE GALLIMORE (TAX MAP NO. 64.00-1-2) FOR AN ACCESS ROAD
INTO THE ROANOKE COUNTY CENTER FOR RESEARCH &
TECHNOLOGY
WHEREAS, in order to provide additional land for an industrial access road
into the Roanoke County Center for Research & Technology, the County requires a certain
parcel of land, consisting of .75 acre, more or less, located on Glenmary Drive in the
Catawba Magisterial District of the County of Roanoke, Virginia, owned by Martin Gale
Gallimore and Gary Wayne Gallimore; and
WHEREAS, staff has negotiated the purchase of said property from the
Gallimores for the sum of $5,500.00, the estimated fair market value being $3,000.00
based upon an independent MAL appraisal; and
WHEREAS, the Gallimores and the County have entered into a contract of
sale, subject to approval by the Board of Supervisors; and,
WHEREAS, Section 18.04 of the Roanoke County Charter directs that the
acquisition of real estate be accomplished by ordinance; the first reading of this ordinance
was held on May 11, 1999; and the second reading was held on May 27, 1999.
NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of
Roanoke County, Virginia, as follows:
1. That the County Administrator is hereby authorized to acquire from
Martin Gale Gallimore and Gary Wayne Gallimore, a .75-acre parcel of land, identified as
Tax Map #64.00-1-2, together with all rights incident thereto and appurtenances thereunto
belonging, for an amount not to exceed $5,500.00.
2. That the purchase price, and estimated closing costs of $1,300.00,
May 27,1999
349
belonging, for an amount not to exceed $5,500.00.
2. That the purchase price, and estimated closing costs of $1 ,300.00,
shall be paid out of the Glenn Mary Industrial Park account.
3. That the County Administrator, or an Assistant County Administrator,
is authorized to execute such documents and take such actions on behalf of the Board of
Supervisors in this matter as are necessary to accomplish the acquisition of this property,
all of which shall be approved as to form by the County Attorney.
4. That this ordinance shall be effective on and from the date of its
adoption.
On motion of Supervisor Harrison to adopt the ordinance, and carried by the
following recorded vote:
AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
NAYS: None
2. .Second reading of ordinance authorizina the execution of an
aareement with Home Decot USA. Inc. to reimburse the County
for certain excenditures. and to address the sale of certain real
estate (0.251 acre identified as Tax Mac No. 77.13-5-30 and 0.254
acre Tax Mac No. 77.13-5·311. (Paul Mahoney. County Attorney)
0-052799-3
Mr. Mahoney advised there were no changes from the first reading.
In response to questions from the supervisors, Mr. Mahoney explained that
(1) the decision to demolish the homes was made by the County, not Home Depot; (2)
that the County should be responsible for the costs and the maintenance of the parcels;
.
(3) that Home Depot had no obligation to reimburse us for the purchase of the homes; (4)
while there is no need for the property for park land, there is probably a long term benefit
in the future because the land could be used for a second access to the Route 419-
Brambleton Avenue site; and (5) that the assessed value for each property was between
$75,000 and $80,000.
350
May 27,1999
-
possibly made some money, but by demolishing the homes, the property will require little
maintenance and should not "sit" on the market too long. If the property is rezoned it must
come back to the Board for approval.
Supervisor Nickens moved to deny the ordinance, but withdrew his motion
during discussion.
Supervisor Minnix moved to adopt the ordinance. The motion carried by the
following recorded vote:
AYES:
Supervisors McNamara, Minnix, Harrison, Johnson
NAYS:
Supervisor Nickens
ORDINANCE 052799-3 AUTHORIZING THE EXECUTION OF AN
AGREEMENT WITH HOME DEPOT USA, INC. TO REIMBURSE THE
COUNTY FOR CERTAIN EXPENDITURES, AND TO ADDRESS THE SALE
OF CERTAIN REAL ESTATE (0.251 ACRE IDENTIFIED AS TAX MAP NO.
77.13-5-30 AND 0.254 ACRE TAX MAP NO. 77.13-5-31)
WHEREAS, the Board of Supervisors of Roanoke County and Home Depot
USA, Inc. (Home Depot) were involved in certain negotiations related to the proposed
development of certain real property located on Westmoreland Drive in the Cave Spring
Magisterial District of the County of Roanoke, Virginia, which development included the
proposed construction of a Home Depot store; and
WHEREAS, in consideration of the potential economic development of the
area, the County expended certain funds in anticipation of the proposed development for
acquisition of certain parcels, environmental and engineering studies, etc., which
expenditures amounted to Two Hundred Eight-five Thousand Seven Hundred Forty Three
and 99/100 Dollars ($285,743.99) hereinafter referred to as the "Expenditures"; and
WHEREAS, Home Depot determined that the development is not feasible,
the County and Home Depot desire to enter into a financial agreement whereby Home
Depot shall advance to the County the Expenditures, and the County shall upon the sale
of the Properties (0.251 acre identified as Tax Map No. 77.13-5-30 and 0.254 acre
identified as Tax Map No. 77.13-5-31) pay to Home Depot the proceeds of the sale of such
Properties; and
WHEREAS, the first reading ofthis ordinance was held on May 11, 1999 and
the second reading was held on May 27, 1999.
BE IT ORDAINED, By the Board of Supervisors of Roanoke County, Virginia,
May 27,1999
351
-
as follows:
1. That the execution of an Agreement with Home Depot U.S.A., Inc. is
hereby authorized and approved; and that the County Administrator, or his designee, is
hereby authorized to execute this Agreement on behalf of the Board of Supervisors and
the County of Roanoke, all upon form approved by the County Attorney, and to take such
actions as may be necessary to accomplish the purposes of this ordinance.
2. That the County shall use its best efforts to sell the Properties for an
amount at least comparable to the Expenditures. If the County receives an offer to
purchase the Properties for a price at least equal to 85% of the Expenditures, the County
may sell the Properties without the consent of Home Depot. In the event the offer is less
than 85% of the Expenditures, the County shall obtain the consent of Home Depot prior
to sale. The County shall be solely responsible for the maintenance and upkeep of the
Properties. The County may demolish the Properties, or may rent the Properties.
3. That upon receipt of these funds from Home Depot, said funds are
reappropriated to the Capital Fund.
4. That this ordinance shall take effect immediately upon its adoption.
On motion of Supervisor Minnix to adopt the ordinance, and carried by the
following recorded vote:
AYES: Supervisors McNamara, Minnix, Harrison, Johnson
NAYS: Supervisor Nickens
3. Second readina of ordinance accrocriatina the funds for the
fiscal year 1999/2000 budget. (Brent Robertson. Budaet Manaaer)
0-052799-4
Mr. Robertson reported there was a correction to the code section in the
ordinance from the first reading.
Supervisor Johnson moved to adopt the ordinance. The motion carried by
the following recorded vote:
AYES:
Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
NAYS:
None
ORDINANCE 052799-4 APPROPRIATING FUNDS FOR THE 1999-00
FISCAL YEAR BUDGET FOR ROANOKE COUNTY, VIRGINIA
WHEREAS, upon notice duly published in the newspaper, a public
352
May 27,1999
Ilcdl ¡llg vyà~ I,eld 01. April 27, 1 899 concerning the 8e1option ot tne annual bueJget rer
Roanoke County for fiscal year 1999-00; and
WHEREAS, the Board of Supervisors of Roanoke County, Virginia,
approved said budget on May 11, 1999, pursuant to the provisions of Section 13.02
of the Roanoke County Charter and Chapter 4 of Title 15.2 of the 1950 Code of
Virginia, as amended; and
WHEREAS, the first reading of this appropriation ordinance was held
on May 11, 1999, and the second reading of this ordinance was held on May 27,
1999, pursuant to the provisions of Section 18.04 of the Roanoke County Charter.
BE IT ORDAINED by the Board of Supervisors of Roanoke County,
Virginia, as follows:
1. That the following appropriations are hereby made from the
respective funds for the period beginning July 1, 1999, and ending June 30, 2000,
for the functions and purposes indicated:
-
-
County of Roanoke
Adopted FY 1999-2000 Budget
May 27, 1999
Revenues;
General FWld:
General Government
Youth Haven n
Comprehensive Services
E-911 Maintenance
Law Library
Recreation Fee Class
Internal Services
Garage IT
Total General FWld
$ 106,590,750
447,468
1,797,917
725,000
38,095
848,102
2,047,001
1,215,658
$ 113,709,991
Debt Service FWld
$ 10,753,444
Capital Projects Fund
$ 2,546,925
.
Internal Service Fund - Risk Management
Water Fund
Beginning Balance
$ 893,911
$ 12,767,506
4,324,914
17,092.420
Sewer Fund
Beginning Balance
$ 5,953,942
7,536,832
13,490,774
School Funds:
Operating
Cafeteria
Gnmt
Textbook
Total School Fund
Total All Funds
$ 91,081,332
3,495,000
2,466,147
858,352
$ 97,900,831
$ 256.388.296
May 27,1999
353
-
County of Roanoke
Adopted FY 1999-2000 Budget
May 27, 1999
Expenditures:
General Government:
General Administration
Board of Supervisors
County Administrator
Community Relations
Asst. Co. Administmtors
Human Resources
County Attorney
Economic Development
T ota! General Administration
Total Management Services
$ 241,006
201,023
171,207
256,865
409,635
354,623
816,080
$ 2,450,439
$ 603,945
554,708
30,665
625,120
762,175
1,240.636
3,127,288
$ 6,944,537
$ 133,068
40,478
1,655
10,429
332,385
$ 518,015
$ 733,613
757,423
105,200
132,689
316,870
$ 2,045,795
Constitutional Officers
Treasurer
Commonwealth Attorney
Victim!Witness
Commissioner of the Revenue
Clerk of the Circuit Court
Sheriffs Office
Care & Confinement of Prisoners
Total Constitutional Officers
Judicial Administration
Circuit Court ,
General District Court
Magistrate
J & DR Court
Court Service Unit
Total Judicial Administration
Management Services
County A..sessor
Financial Plamlln¡¡
Public Transportation
Management and Budget
Procurement Services
354
May 27,1999
County of Roanoke
Adopted FY 1999-2000 Budget
May 27, 1999
Public Safety
Police
Fire and Rescue
Total Public Safety
Community Services
General Services
Solid Waste
Community Development
Development Services
Building Maintenance
Total Community Service.
Human Services
Grounds Maintenance
Parks and Recreation
Public Health
Social Services Administration
Contributions-Human Service, Cultural, Tourism
Library
VPI Extension
Elections
Total Human Servjces
Non-Departmental
Employee Benefits
Miscellaneous
Internal Service Charges
T otaI Non-Departmental
S 6,336,871
4,677,314
S 11,014,185
S 383,084
3,371,442
2,922,476
84,266
1,356,506
S 8,117,774
S 1.418,294
1,449,413
435,563
4,069,643
397,403
1,875,938
83,490
200,671
S 9,930,415
S 1,760,782
620,000
1,731,366 .
S 4,112.148
May 27,1999
355
-
County of Roanoke
Adopted FY 1999-2000 Budget
May 27, 1999
Transfers to Other Funds
Transfer to Debt - General & Schools S 7,830,083
Transfer to Capital 2,546,925
Transfer to Schools 47,626,138
Transfer to Schools - Dental Insurance 315,727
T~rtoInœrn&S~c~ 893,911
Transfer to Comprehemive S~ces 879,000
Transfer to Youth Haven II 50,000
Transfer to County Garage 1,215,658
Total Transfers to Other "Funds S 61,357,442
Unappropriated Balance
Board Contingency 100,000
Total General Gove=ent S 106,590,750
Youth Haven II S 447,458
Comprehemive Services S 1,797,917
E-911 Maintenance $ 725,000
La;'" Library $ 38,095
Recreation Fee Class S 848,102
Internal Servic~
Management Infonnation Systems $ 1,482,344
Communications 564,657
Total Internal Services S 2,047,001
County Garage S 1,215,658
Total General Fund S 113,709,991
356
May 27,1999
-
. '
,
['.:..
County of Roanoke
Adopted FY 1999-2000 Budget
May 27, 1999
'"
Debt Service Fund
Capital Projects Fund
Internal Services Fund - Risk Management
Water Fund
Unappropriated Balance
Total All Funds
$ 10,753,444
$ 2,546,925
$ 893,911
$ 13,411,638
3,680,782
17,092,420
$ 5,816,299
7,674,475
13,490,774
$ 91,081,332
3,495,000
2,466,147
858,352
$ 97,900,831
$ 256.388,296
"
'-
Sewer Fund
Unappropriated Balance
School Funds:
Operating
Cafeteria
Grant
TextBook
Total School Funds
In addition to the above revenues and expenditures, the following beginning balance will be
appropriated to the Unappropriated Balance of the respective fund:
General Fund
- '
$ 6,700,000
May 27,1999
357
-
2. That the County Administrator may authorize or delegate the
authorization of the transfer of any unencumbered balance or portion thereof from
one department to another within a fund.
3. That all funded outstanding encumbrances, both operating and
capital, at June 30, 1999, are reappropriated to the 1999-00 fiscal year to the same
department and account for which they are encumbered in the previous year.
4. That appropriations designated for capital projects will not lapse at
the end of the fiscal year but shall remain appropriated until the completion of the
project or until the Board of Supervisors, by appropriate action, changes or
eliminates the appropriation. Upon completion of a capital project, staff is authorized
to close out the project and transfer to the funding source any remaining balances.
This section applies to appropriations for Capital Projects at June 30, 1999, and
appropriations in the 1999-00 budget.
5. That all school fund appropriations remaining at the end of the
1998-99 fiscal year not lapse but shall be appropriated to the School Capital
Improvements Fund in fiscal year 1999-00.
6. That all General Fund appropriations remaining unexpended at the
end of the 1998-99 fiscal year not lapse but shall be reappropriated as follows:
a) 40% of these unexpended appropriations shall be transferred to the
unappropriated Capital Fund Balance;
b) 60% of these unexpended appropriations shall be re-appropriated to
the same department for expenditure in fiscal year 1999-00 as
provided by Resolution 042396-5.
On motion of Supervisor Johnson to adopt the ordinance, and carried by the
following recorded vote:
AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
NAYS: None
, .
358
May 27,1999
Classification Plan
FY 1999 - 2000
May 27,1999
359
Classification Plan
FY 1999 - 2000
360
May 27,1999
Classification Plan
FY 1999 - 2000
May 27, 1999
361
Classification Plan
FY 1999 - 2000
362
May 27,1999
Classification Plan
FY 1999 - 2000
May 27,1999
363
Classification Plan
FY 1999 - 2000
364
May 27,1999
Classification Plan
FY 1999 - 2000
May 27,1999
365
Classification Plan
FY 1999 - 2000
366
May 27,1999
Classification Plan
FY 1999 - 2000
May 27,1999
Classification Plan
FY 1999 - 2000
~
3ü
May 27,1999
Classification Plan
FY 1999 - 2000
May 27,1999
Classification Plan
FY 1999 - 2000
Classification Plan
FY 1999 - 2000
May 27,1999
371
-
IN RE: APPOINTMENTS
L. Blue Ridae Community Services Board of Directors
Supervisor Johnson asked that a letter of appreciation be sent to Susan
Cloeter who has resigned from this Board.
2. Board of Zonina Acceals
Supervisor Minnix nominated Rodney McNeil to serve another five year term
which will expire on June 30, 2004.
3. Clean Valley Council
Supervisor Minnix nominated Joseph McNamara to serve another two year
term which will expire on June 30, 2001.
4. Fifth Plannina District Commission
Supervisor Minnix nominated Joseph McNamara to serve another three year
term which will expire on June 30, 2002.
5. Fifth Plannina District Commission Metrocolitan Plannina
Oraanization
Supervisor McNamara nominated H. Odell Minnixto serve another three year
term as an alternate. His term will expire on June 30, 2002.
6. Parks and Recreation Advisorv Commission
Supervisor McNamara nominated William Skelton to serve another three year
term representing the Windsor Hills District. His term will expire on June 30, 2002.
7. Roanoke Valley Resource Authoritv
372
May 27,1999
-
Supervisor Harrison nominated Elaine Carver to fill the unexpired term of
William Rand. This term will expire on December 31,1999.
8. Virainia Western Community Colleae Board
Supervisor Johnson nominated James W. Arend and Geoffrey Ottaway to
serve additional four year terms which will expire on June 30, 2003.
INRE:
CONSENT AGENDA
R-052799-5
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 052799-5 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 May
27, 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 7, inclusive, as follows: .
1. Approval of Minutes - May 11, 1999
2. Confirmation of committee appointments to the Fifth Planning District
Commission Metropolitan Planning Organization.
3. Appropriation of $7,000 for Community Services and Independent
Living Conferences for the Department of Social Services.
4. Acceptance of $2,300 grant and $4,300 from the Virginia Foundation
for the Humanities and appropriation of funds to the Library.
May 27, 1999
373
-
5. Request from Schools to appropriate $85,000 Summer Youth
Employment grant through Fifth District Employment and Training
Consortium.
6. Request from Schools to appropriate $2,750 Grant from the Virginia
Commission for the Arts for Virginia Opera.
7. Request from Schools to appropriate $5,316.40 from the Virginia
Department of Education to mail School Performance Reports.
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 resolution, and carried by the
following recorded vote:
AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
NAYS: None
IN RE:
REQUESTS FOR WORK SESSIONS
Mr. Hodge asked for a work session to be scheduled for the June 8, 1999
meeting to update the Board on Phase I and II of the school construction projects.
IN RE:
CITIZENS' COMMENTS AND COMMUNICATIONS
1. David Courey. 3419 Ashmeade Drive SW.. spoke in opposition to salary
increases for the Board of Supervisors.
IN RE:
REPORTS
Supervisor Johnson moved to receive and file the following reports after
discussion of Item 6. The motion carried by a unanimous voice vote.
L. General Fund Unaccrocriated Balance
374
May 27,1999
-
2. Cacital Fund Unaccrocriated Balance
3. Board Continaencv Fund
4. Future School Cacital Reserve
5. Recort of accroved chances to the Secondary System of State
Hiahwavs as of Acril1999
6. Recort of expenditures and commitments for cublic crivate
partnershics from the Economic Develocment Cacital Fund
Supervisor Nickens asked that the Miss Virginia pageant not be included in
the public private partnerships in the future, and instead be included in the requests for
contributions from Human Services agencies.
7. Statement of Revenues and Expenditures as of Acril30. 1999
8. Accounts Paid· Acril1999
INRE:
EXECUTIVE SESSION
At 4:00 p.m., Supervisor Johnson moved to go into Executive Session
pursuant to Code of Virginia Section 2.1-344 A (1) personnel matter; and 2.1-344 A (5)
discussion concerning prospective business or industry where no previous announcement
has been made. The motion carried by the following recorded vote:
AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
NAYS: None
IN RE:
EVALUATIONS
May 27,1999
375
-
Chairman Johnson announced that the evaluations of County Attorney
Mahoney and County Administrator Hodge will be held at the meeting on June 8, 1999.
IN RE:
CERTIFICATION RESOLUTION
R-052799-6
At 7:00 p.m., Supervisor Johnson moved to return to open session;
announced that the Executive Session was held from 4:15 p.m. until5:15 p.m., and moved
adopt the Certification Resolution. The motion carried by the following recorded vote:
AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
ABSENT: Supervisor McNamara (was absent at 7:00 p.m. when the vote confirming
the Executive Session was held. He returned at 7:11 p.m. and voted
aye.)
RESOLUTION 052799-6 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 RE~OLVED, 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
~.
376
May 27,1999
-
carried by the following recorded vote:
AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
NAYS: None
INRE:
PUBLIC HEARING AND SECOND READING OF ORDINANCES
L. Second readina of an ordinance to rezone 53.125 acres from AG-
3 to PRD to construct a clanned residential community located
in the 7600 block ofToken Road. Cave Scrina Maaisterial District
ucon the cetition of Grindstone Enaineerina. (Terrv Harrinaton.
County Planner)
Chairman Johnson announced that this petition had been withdrawn.
'j"
2. Second readina of an ordinance to obtain a Scecial Use Permit
to reclace an existina 30 foot wooden cole with an 80 foot steel
monocole and reclace an existina buildina. located .4 mile north
of intersection of Bent Mountain Road and Aircoint Drive,
Windsor Hills Maaisterial District ucon the cetitión of US Cellular.
(Terrv Harrinaton, County Planner) (CONTINUED FROM APRIL
27. 1999 AT REQUEST OF PETITIONER)
0-052799-7 . DENIAL
Mr. Harrington reported that this is a petition to replace a 30 foot wooden
pole and two 5 foot whip antennas with an 80 foot steel monopole and a triangular base
supporting 9 directional panel antennas. The total property contains 3.268 acres, is owned
May 27,1999
377
-
by Ohio State Cellular, and is located .4 miles north of Airpoint Drive. At the Planning
Commission, several citizens spoke in opposition to the request because it would obstruct
the view, and because when the Board approved the site for the existing tower, the
applicant told the Board and citizens that the tower would never be increased in height.
The Planning Commission recommended denial because of previous commitments to the
residents and because the petitioner had not looked for other less obtrusive locations.
John Parkin, representing US Cellular, advised that they are making this
request to reduce the area of coverage to avoid interference with neighboring sites and to
allow for co-location. They have modified their proposal and eliminated the platform
structure which will improve the visual impact. Mr. Parkin explained that they met with the
homeowners in the community and attempted to improve the visual impact.
The following citizens spoke in opposition to the petition because the
proposed tower will impact the visual beauty of the Bent Mountain area and the need to
protect the viewsheds on Route 221.
1. Alan Gleiner. 10185 Bottom Creek Road
2. Susan Bowles. 10357 Ivv Ridae Road
3. Eldon Karr, 8011 Poor Mountain Road
,
4. Charlotte Lester. 9168 Lookout Lane
Supervisor Harrison asked how many cellular towers are now located in
Roanoke County. Mr. Harrington responded there were 14 and all were at the maximum
height.
Supervisors Minnix and Johnson both noted that they made a commitment
378
May 27,1999
=
to the residents when the first tower was approved and would keep the commitment.
Supervisor McNamara pointed out that there was already a 30 foot tower which provides
service to the area, and that the replacement would affect the viewshed.
Supervisor McNamara moved to DENY the ordinance. The motion carried
by the following recorded vote:
AYES:
Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
NAYS:
None
,;¡.
ORDINANCE 052799-7 DENYING A SPECIAL USE PERMIT TO U.S.
CELLULAR TO REPLACE AN EXISTING 30-FOOT WOODEN POLE
WITH AN 80-FOOT STEEL MONOPOLE AND TO REPLACE AN EXISTING
BUILDING LOCATED .4 MILE NORTH OF THE INTERSECTION OF BENT
MOUNTAIN ROAD AND AIRPOINT DRIVE (TAX MAP NO.1 03.00-1-34 &
35), WINDSOR HILLS MAGISTERIAL DISTRICT
WHEREAS, U, S. Cellular has filed a petition to replace an existing 30-foot
wooden pole with an 80-foot steel monopole and to replace an existing building located
.4 mile north of the intersection of Bent Mountain Road and Airpoint Drive (Tax Map No.
103.00-1-34& 35) in the Windsor Hills Magisterial District; and
WHEREAS, the Planning Commission held a public hearing on this matter
on April 6, 1999; and reconsidered this matter on March 23, 1999; and
WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a
first reading on this matter on March 23,1999; the second reading and public hearing on
this matter was held on April 27, 1999; and continued to May 27,1999.
NOW, THEREFORE BE IT ORDAINED by the Board of Supervisors of
Roanoke County, Virginia, as follows:
On motion of Supervisor McNamara to DENY the ordinance, and carried by
the following recorded vote:
AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
NAYS: None
FINDINGS OF FACT SUPPORTING THE DENIAL OF THE APPLICATION
1) There is an existing 30-foot high tower and antennas on the site, owned and
operated by the applicant. Denial of this permit will not prohibit the applicant from
providing service to this area.
May 27,1999
379
-
2) During initial approval of this site in 1994 the applicant told the Board of
Supervisors and the citizens at the public hearing that the tower, if approved, would
never need to be increased in height.
3) The placement of a steel monopole and related antennas would have an obtrusive
visual impact on the views and vistas that exist along this section of Rt. 221 leading
to the entrance of the rural Bent Mountain Community.
4) The applicant has not explored the possibility of alternative less visible sites in the
area. The applicant advised the Planning Commission that they did not look for
other sites because they already owned this site.
5) The proposed tower would be 50' taller than the adjacent roadway and highly
visible, as opposed to the existing pole which is below the road and not visible.
3. Second readina of an ordinance to obtain a Scecial Use Permit
to construct a fast food restaurant and drive-thru, located at
4065 Electric Road. Cave Scrina Maaisterial District. ucon the
cetition of Kriscv Kreme Douahnut COrDoration. (Terrv
Harrinaton. County PIannerl
0-052799-8
Mr. Harrington advised that the petitioner plans to construct and operate
a fast food restaurant with a drive-through window at the former Hurricane Hatties, a
.
1.15 acre restaurant site on Electric Road in the Tanglewood Mall area. They plan to
construct a 5,700 square foot building. A bypass lane is also shown for the drive-
through window. A new access is proposed to the site from Electric Road. An access
from the site to the private drive currently serving McDonald's and Chuck E Cheese is
shown to be abandoned.
--~-
380
May 27,1999
-
The Planning Commission expressed some concern about the proposed
access to Electric Road, and after discussion, the commission was comfortable with the
new access and recommended approval of the petition with two conditions. In
response to a question from Supervisor McNamara, Mr. Harrington advised that the
staff and VDOT preferred not to have the access from Electric Road but the Planning
Commission did not agree.
John Kuczynski, McAdam Co., Inc. represented the petitioner. He
described the proposed layout, the drive-through and the current access conflict. He
explained that they cannot use the current access because of significant grading
problems. There was extensive discussion on the proposed access to the restaurant
and grading. Supervisors Minnix and McNamara suggested using the access already
used by Kentucky Fried Chicken, but Mr. Kuczynski responded that there was not
enough space. Supervisor McNamara advised he would not support the request
because the staff and VDOT did not support the cut on Route 419.
Supervisor Nickens noted that the building was very white and asked the
petitioner if it was possible to use a more muted color. Mr. Kuczynski responded that
he would review the colors with the Planning staff.
Supervisor Minnix moved to adópt the ordinance. The motion carried by
the following recorded vote:
AYES: Supervisors Minnix, Harrison, Nickens, Johnson
NAYS: Supervisor McNamara
May 27,1999
381
-
ORDINANCE 052799-8 GRANTING A SPECIAL USE PERMIT TO
KRISPY KREME DOUGHNUT CORPORATION TO CONSTRUCT A
FAST FOOD RESTAURANT AND DRIVE-THRU TO BE LOCATED AT
4065 ELECTRIC ROAD (TAX MAP NO, 87,07-1-50), CAVE SPRING
MAGISTERIAL DISTRICT
WHEREAS, Krispy Kreme Doughnut Corporation has filed a petition to
construct a fast food restaurant and drive-thru to be located at 4065 Electric Road
(Tax Map No. 87.07-1-50) in the Cave Spring Magisterial District; and
WHEREAS, the Planning Commission held a public hearing on this matter
on May 4, 1999; and
WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a
first reading on this matter on April 27, 1999; the second reading and public hearing on
this matter was held on May 27, 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
Krispy Kreme Doughnut Corporation to construct a fast food restaurant and drive-thru
to be located at 4065 Electric Road (Tax Map No. 87.07-1-50) 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 conditions:
(1) Site will be developed in substantial conformance with the
concept plans dated March 11, 1999.
(2) The landscaping on the site shall be in general conformance
with the Krispy Kreme conceptual site plan prepared by John R.
McAdams Co., Inc.
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 Minnix to approve the ordinance, and carried by
the following recorded vote:
AYES: Supervisors Minnix, Harrison, Nickens, Johnson
NAYS: Supervisor McNamara
4. Second reading of an ordinance to obtain a Scecial Use Permit
to construct an educational facilitv. located in the 7800 block
of Olsen Road, Hollins Maaisterial District. ucon the cetition of
382
May 27,1999
The Achievement Center Foundation. (Terrv Harrinqton.
County Planner)
0-052799-9
Mr. Harrington presented the staff report explaining that this was a
petition for a Special Use Permit for a private education facility. The Planning
Commission held a public hearing on May 4 and recommended approval of six
conditions based on citizen concerns which he reviewed for the Board.
Supervisor Johnson asked where the stormwater detention would be
located. Mr. Harrington advised that it had not been designed yet but would be
somewhere between the facility and the lower portion of the property near Carvins
Creek.
Jim Douthat, President of the Achievement Center, represented the
petitioner. He explained that the school is a 501 C3 tax exempt entity that serves
students with learning disabilities from the around the Roanoke Valley. The school has
been in existence for 20 years and will have a maximum of 125 students with 10
students per class.
Supervisor Johnson noted that there were two parcels and asked if one of
them could be taxable. Mr. Mahoney advised that the Board could limit the approval of
construction of the school to Lot 12, but that some of Lot 13 might be used for athletics
and that stormwater management might be on Lot 13. Mr. Douthat agreed that Lot 13
could be considered taxable and not part of the 501 C3 tax-exempt status.
Supervisor Johnson also expressed concern about traffic access and Mr.
May 27,1999
383
-
Douthat advised that they would work with the staff on improving ingress and egress.
Mr. Harrington also advised there could be a small resubdivision and that part of lot 13
will go into Lot 12.
Supervisor Johnson moved to adopt the ordinance with additional
conditions. The motion carried by the following recorded vote:
AYES:
Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
NAYS:
None
ORDINANCE 052799-9 GRANTING A SPECIAL USE PERMIT TO THE
ACHIEVEMENT CENTER FOUNDATION TO CONSTRUCT AN
EDUCATIONAL FACILITY TO BE LOCATED IN THE 7800 BLOCK OF
OLSEN ROAD (TAX MAP NOS. 26,16-2-12 AND 13), HOLLINS
MAGISTERIAL DISTRICT
WHEREAS, The Achievement Center Foundation has filed a petition to
construct an educational facility to be located in the 7800 block of Olsen Road (Tax
Map Nos. 26.16-2-12 and 13) in the Hollins Magisterial District; and
WHEREAS, the Planning Commission held a public hearing on this matter
on May 4, 1999; and
WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a
first reading on this matter on April 27, 1999; the second reading and public hearing on
this matter was held on May 27, 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
The Achievement Center Foundation to construct an educational facility to be located in
the 7800 block of Olsen Road (Tax Map Nos. 26.16-2-12 and 13) in the Hollins
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:
(1) The site development shall substantially conform to the
concept plan by Balzer and Associates, dated March 10,
1999 and preliminary construction system analysis and to
include paving of roads and parking areas.
(2) New sewer service for the site shall connect to the sewer
main along the West Fork of Carvins Creek.
(3) Type C, Option 2 landscaping shall be planted where the
school development adjoins residential properties, and between the
384
May 27,1999
-
school development and Olsen Road.
(4) Security gates shall be installed at each entrance.
(5) Maximum student capacity shall be limited to 125 students.
(6) Down lit security lighting only with a maximum height of 22
feet.
(7) This special permit shall be granted and shall apply only to
the tax parcel #26.16-2-12 and shall not include or authorize
any requested use or development on tax parcel 26.16-2-13,
except that a small portion of tax parcel 26.16-2-13 may be
subdivided and combined with tax parcel 26.16-2-12 to allow
the existing knoll on the tax parcel 26.16-2-13 site to be
located within the boundaries of tax parcel 26.16-2-12.
2. That this ordinance shall be in full force and effect thirty (30) days
after its final passage. All ordinances or parts of ordinances in conflict with the
provisions of this ordinance be, and the same hereby are, repealed. The Zoning
Administrator is directed to amend the zoning district map to reflect the change in
zoning classification authorized by this ordinance.
On motion of Supervisor Johnson to adopt the ordinance with Condition
#7 added, and carried by the following recorded vote:
AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
NAYS: None
5. Second readina of an ordinance to obtain a Scecial Use Permit
to ocerate a dance hall. located at 7300 Williamson Road,
Hollins Maaisterial District. ucon the cetition of ABD Inc.
(Terrv Harrinaton. County Plannerl
0-052799-10 - DENIAL
Mr. Harrington advised that ABD is requesting a special use permit to
operate a dance hall. The property consists of two lots totaling 9.50 acres. The
applicant is proposing to operate a dance hall in conjunction with a restaurant, lounge
and sports bar, plus 10,000 square feet of the facility will be available for rent or lease.
The parcel currently houses the 28,419 square foot metal warehouse building, which
was formerly Moore's Building Supply. In C-2 General Commercial District, dance halls
May 27,1999
385
-
are allowed only after a special use permit is granted so that the County can control the
scale and nature of proposed uses and their impacts on the community.
Mr. Harrington reported that at the Planning Commission hearing, citizens
expressed concern about adequate parking, incompatible use in the neighborhood, and
previous police reports at the current location on Williamson Road.
Mike Amos, Precision Investments, and Ray Barger, manager/owner of
Spurs represented the petitioner. Mr. Amos presented copies of aerial shots of the
building. He advised there would be additional parking in the upper area with lights and
a pedestrian pathway to the lower area. He also agreed to share the cost of speed
bumps with Consumer Credit Counseling (CCC) to avoid speeding between the two
facilities and to replace the fence near CCC. Mr. Barger addressed the police reports
on their current location, known as Spurs, explaining that out of 146 calls in 15 months,
only 26 occurred when Spurs was open. He advised that they will hire their own
security and the lounge will only be open on Thursday through Saturday from 7 p.m. to
2 am.
The following citizens spoke in opposition because of parking concerns,
noise from the dance hall, the negative impact on child care centers and an elementary
school located near the proposed project, and safety concerns from customers drinking
and driving.
1. Leisha Cook. 5434 Oakland Boulevard
2. Dudlev Woody, P. O. 14125. Roanoke, attorney representing
Consumer Credit Counseling Service, who was concerned about parking especially
386
May 27,1999
-
when they have evening classes when Spurs will be open.
3. The Reverend Harry Christie. 6823 Goff Road. advised he had a
petition with 685 people opposed to the request.
6, Bettv Lou Rizer. 7004 Peters Creek Road, spoke on behalf of a
nearby mobile home park who expressed concern about the noise level.
7. William D. Bailev, 7514 Deer Branch Road.
8. W, Keene Carruthers, 8105 Facultv Road.
The following citizens spoke in support of the petition because they felt
the facility would be well-run and professional.
1. William "Slam" Duncan. 3119-A Honevwood Lane
2. Susan Gladden. 3995 Gladden Road
3. Shirlev Eversole. P. O. Box 151, Montvale
Ray Barger, owner/manager, advised that they have been in this type of
business for 26 years and have adhered to the very strict ABC laws. He also
questioned how many of those who signed the petition actually lived in Roanoke
County.
Supervisor Johnson advised he has also received correspondence from
Hollins University and the Fire and Rescue Chief who expressed opposition to the
petition.
In response to questions from the Board members, the petitioners advised
that this facility will be about 20 percent larger than the other dance hall, and that the
10,000 square foot rental area would be used during the day while the other facilities
May 27,1999
387
-
would be open in the evening. Mr. Harrington advised that the current building has
been vacant for about two years and that he has no details on the economic impact of
the proposed facility but it would bring additional revenue to the County.
Supervisor McNamara expressed concern about the noise level and
suggested delaying action until June 8 to review the police calls at the current location
and see if the noise level could be reduced. However, Supervisor Harrison advised that
he was concerned about the traffic and parking problems and moved to DENY the
ordinance. The motion carried by the following recorded vote:
AYES:
Supervisors Minnix, Harrison, Nickens, Johnson
NAYS:
None
PASS:
Supervisor McNamara
ORDINANCE 052799·10 DENYING A SPECIAL USE PERMIT TO ABD,
INC. TO OPERATE A DANCE HALL TO BE LOCATED AT 7300
WILLIAMSON ROAD (TAX MAP NOS. 27.10-7-1 AND 2), HOLLINS
MAGISTERIAL DISTRICT
WHEREAS, ABD, Inc. has filed a petition to operate a dance hall to be
located at 7300 Williamson Road (Tax Map Nos. 27.10-7-1 and 2) in the Hollins
Magisterial District; and
WHEREAS, the Planning Commission held a public hearing on this matter
on May 4, 1999; and
WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a
first reading on this matter on April 27, 1999; 'the second reading and public hearing on
this matter was held on May 27,1999.
NOW, THEREFORE BE IT ORDAINED by the Board of Supervisors of
Roanoke County, Virginia, as follows:
On motion of Supervisor Harrison to DENY the ordinance, and carried by
the following recorded vote:
AYES: Supervisors Minnix, Harrison, Nickens, Johnson
NAYS: None
PASS: Supervisor McNamara
388
May 27,1999
-
6. Second readina of an ordinance to obtain a Scecial Use Permit
for an eauicment and rental business. located to the rear of
5120 Peters Creek Road. Hollins Maaisterial District. ucon the
cetition of Branch Manaaement. (Terry Harrinaton. County
Planner)
0-052799-11
Mr. Harrington advised that this was a request for a Special Use Permit
on a parcel approximately 8.29 acres, with an address of 5120 Peters Creek Road in
order to conduct an equipment sales and rental business. At the Planning Commission
hearing, Mr. Simpson of Simpson Tharp Funeral Home raised a concern about the use
of chain link fencing and said he would prefer something more pleasing. In response to
questions from the Planning Commission, Tom Branch advised that the area for outside
equipment storage will not be paved, and Mike Webb said a drainage ditch will convey
the water from the site over to the stormwater management area. The Planning
Commission recommended approval with two conditions.
Supervisor Johnson requested that he would like the chain link fence
screened with red tip shrubbery. Berkley Thomas, who lives directly behind the
property asked when the fence would be installed. Supervisor Johnson responded that
the fence would have to be installed before a Certificate of Occupancy is issued. Mr.
Thomas also asked about the noise level from the Cycle Center located near his home
and expressed concern about the traffic to the center. Supervisor Johnson asked Mr.
Harrington to investigate.
May 27,1999
389
-
Supervisor Johnson moved to adopt the ordinance with Condition #2
amended. The motion carried by the following recorded vote:
AYES:
Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
NAYS:
None
ORDINANCE 052799-11 GRANTING A SPECIAL USE PERMIT TO
BRANCH MANAGEMENT CORPORATION TO ALLOW EQUIPMENT
SALES AND RENTALS TO BE LOCATED AT 5120 PETERS CREEK
ROAD (PART OF TAX MAP NO. 37.08-1-6), HOLLINS MAGISTERIAL
DISTRICT
WHEREAS, Branch Management Corporation has filed a petition to
allow equipment sales and rentals to be located at 5120 Peters Creek Road (Part of
Tax Map No. 37.08-1-6) in the Hollins Magisterial District; and
WHEREAS, the Planning Commission held a public hearing on this matter
on May 4, 1999; and
WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a
first reading on this matter on April 27, 1999; the second reading and public hearing on
this matter was held on May 27,1999.
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
Branch Management Corporation to allow equipment sales and rentals to be located at
5120 Peters Creek Road (Part of Tax Map No. 37.08-1-6) in the Hollins 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:
(1) The site shall be developed in substantial conformity with
the concept plan submitted.
(2) There shall be a solid six foot high wood fence with along
the southern property line of the site extending from the
proposed entrance to the site, in an easterly direction to the
corner of the property to be enclosed. Screening,
landscaping and buffering shall be installed along all fences
along the entire southern property line. A six foot high wood
fence, landscaping, and buffering shall also be provided
along the entire northern property line. The eastern side of
the property may be enclosed with a chain link fence. This
property line shall be landscaped, and buffered with "Red
Tips" or comparable landscaping to ensure that the fence
390
May 27,1999
-
and this easterly property line is landscaped and DuTfered.
2. That this ordinance shall be in full force and effect thirty (30) days
after its final passage. All ordinances or parts of ordinances in conflict with the
provisions of this ordinance be, and the same hereby are, repealed. The Zoning
Administrator is directed to amend the zoning district map to reflect the change in
zoning classification authorized by this ordinance.
On motion of Supervisor Johnson to adopt the ordinance with Condition 2
amended, and carried by the following recorded vote:
AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
NAYS: None
7. Second readina of an ordinance to increase the salaries of the
members of the Board of Sucervisor of Roanoke County
cursuant to Section 3.07 of the Roanoke County Charter and
Section 14.1-46.01:1 of the Code of Virginia. (Paul Mahonev,
County Attornev)
0-052799-12
Mr. Mahoney presented the report and advised there were no changes
from the first reading.
Supervisor Johnson moved to adopt the ordinance. The motion carried by
the following recorded vote:
AYES:
NAYS:
Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
None
ORDINANCE 052799-12 TO INCREASE THE SALARIES OF THE
MEMBERS OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY PURSUANT TO SECTION 3.07 OF THE ROANOKE COUNTY
CHARTER AND SECTION 14.1-46.01:1 OF THE CODE OF VIRGINIA
WHEREAS, Section 3.07 of the Charter of the County of Roanoke
provides for the compensation of members of the Board of Supervisors and the
May 27,1999
391
-
procedure for increasing their salaries; and
WHEREAS, Section 14.1-46.01:1 of the 1950 Code of Virginia, as
amended, establishes the annual salaries of members of boards of supervisors within
certain population brackets; and
WHEREAS, the Board of Supervisors of Roanoke County, Virginia, has
heretofore established the annual salaries of Board members at $11,817.56_by
Ordinance 062398-14 and further has established the additional annual compensation
for the chairman for the Board to be $1,800 and for the vice-chairman of the Board to
be $1,200; and
WHEREAS, this section provides that the maximum annual salaries
therein provided may be adjusted in any year by an inflation factor not to exceed five
(5%) percent; and
WHEREAS, the first reading on this ordinance was held on May 11, 1999;
the second reading and public hearing was held on May 27, 1999.
NOW, THEREFORE, it is hereby ORDAINED by the Board of Supervisors
of Roanoke County, Virginia, that the annual salaries of members of the Board of
Supervisors of Roanoke County, Virginia, are hereby increased by an inflation factor of
3.0% pursuant to the provisions of Section 3.07 of the Roanoke County Charter and
Section 14.1-46.01:1 of the 1950 Code of Virginia, as amended. The new annual
salaries shall be $12,172.09 for members of the Board. In addition, the chairman of
the Board will receive an additional annual sum of $1,800 and the vice-chairman of the
Board will receive an additional sum of $1,200.
This ordinance shall take effect on July 1, 1999.
On motion of Supervisor Johnson to adopt the ordinance, and carried by
the following recorded vote:
AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
NAYS: None
INRE:
REPORTS AND INQUIRIES OF BOARD MEMBERS
Sucervisor Nickens: (1) He advised that he met with representatives of
United Way to discuss their being involved, with the distribution of County funds to
service agencies. They accepted the idea, and with Board concurrence, he would like
to prepare a letter to the United Way requesting the United Way's participation. (2) He
has received information that the Rising Star Sports Camp is still in violation of the
County Code. He asked Mr. Mahoney and the Planning staff to investigate in the
immediate future to discontinue these violations. (3) He advised that the County staff
392
May 27,1999
has responded to the transportation issues raised by the t)enlor and CI Ic:dlengca
Citizens Commission. He would like copies of (a) Regulations Governing Special
Education Programming for Children with Disabilities in VA.; and (b) copies of the
Roanoke County Schools' Annual Plan for Special Education for FY 1998/99 and FY
1999/2000 placed in each County Library.
Sucervisor McNamara: (1) He advised that he was late for the evening
session because he spoke to 52 students who were valedictorians in their high schools.
He congratulated all of them. (2) He announced that there will be a work session on
June 8 to discuss the funding capabilities for Phase 2 school construction projects.
Sucervisor Minnix: (1) He advised that he has visited Clearbrook
Elementary School and the principal is very pleased with the renovations. (2) He also
received information regarding the zoning violations at Rising Star Camp. He asked
Terry Harrington if he had responded to a letter from Mike Wray concerning this
problem. Mr. Harrington responded that he had but that Mr. Wray had asked him for
further information. (3) He asked Terry Harrington to check on the plantings at the end
of Ashmeade where Sunscape Apartments were supposed to place large plantings.
Sucervisor Harrison: He extended congratulations to the Northside
Softball team and the three Glenvar teams playing in the regional finals today.
Sucervisors Johnson. McNamara and Harrison expressed their
appreciation to Mr. Hodge, Mr. Mahoney and Ms. Hyatt for their work on the
Gainsharing Agreement with the Town of Vinton, and especially to Supervisor Nickens
for his time and talent in preparing the agreement.
=
May 27,1999
393
I
INRE:
CITIZENS' COMMENTS AND COMMUNICATIONS
1. Jav Huffman, 818 Shirlev Road. Salem, pointed out that
economic growth in West Roanoke County will bring more residents into that area and
that Glenvar Middle School needs to be built to fulfill the future school needs of the
area.
2. Nancv Huahes. thanked everyone who helped to make the traffic
light at the intersection of Route 419 and Hidden Valley Middle School a reality,
especially Supervisor Harrison, Delegate Dick Cranwell and Senator John Edwards.
IN RE:
ADJOURNMENT
At 9:31 p.m., Chairman Johnson adjourned the meeting to Monday, June
7, 1999, at 12:15 p.m. at the Roanoke Municipal Building for the purpose of a joint
meeting with Roanoke City Council.
Submitted by,
Approved by,
~
Chairman
'7 ~ ß. c2¿ Le..Æ-
Mary H. Allen, CMC/AAE
Clerk to the Board
394
May 27,1999
~
This page left intentionally blank