HomeMy WebLinkAbout10/26/1999 - Regular
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October 26, 1999
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Roanoke County Administration Center
5204 Bernard Drive
Roanoke, Virginia 24018
October 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 October, 1999.
IN RE:
CALL TO ORDER
Chairman Johnson called the meeting to order at 3:02 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; Brenda J. Holton, Deputy 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 John M. Chambliss, Assistant County
Administrator. The Pledge of Allegiance was recited by all present.
IN RE:
REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF
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October 26, 1999
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AGENDA ITEMS
Mr. Hodge added a work session to this meeting on McDonald Farm.
Chairman Johnson requested that the second reading of the Cluster Housing Ordinance
be postponed until after a work session at the November 9, 1999 Board meeting. There
was no objection to the postponement, but it was agreed that the public hearing would be
held at the evening session.
IN RE: PROCLAMATION, RESOLUTIONS, RECOGNITIONS AND AWARDS
1" Proclamation declarina October 24 - 31. 1999 as Red Ribbon
Week in Roanoke County.
Chairman Johnson presented the proclamation to Mary Gwen Parker,
SecretarylTreasurer for the Roanoke Area Youth Substance Abuse Coalition. (RA YSAC).
Supervisor Minnix moved to adopt the proclamation. The motion carried by
the following recorded vote:
AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
NAYS: None
2. Recoanize Roanoke Countv Police DeDartmentfor beina selected
as the winner in the Safe School Environment Award Cateaorv of
the 1999 Governor's New PartnershiD Communitv Safetv Awards
Proaram.
Chairman Johnson presented the plaque to Chief Lavinder, Lt. Gary Roche,
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October 26, 1999
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~gt. JetTrey ::;wortzel, Lt. I errell HOlOrooK, ana uTTlcer 11m Miles. ur. \.;ioraon, ::.cnool
Superintendent; Jim Gallion, Assistant Superintendent; and School Board member Mike
Stovall were also present.
INRE:
NEW BUSINESS
1" Reauest from Social Services to aDDroDriate $41.800 for
TemDorarv Assistance to Needv Families - Familv Violence
Intervention Services. (Dr. Bettv McCrarv. Social Services
Director)
A-102699- 1
Dr. McCrary advised that a new policy in the Temporary Assistance to
Needed Families program requires the local department of Social Services to screen T ANF
applicants for family violence and other services to reduce or eliminate this barrier to
employment. The Department of Social Services submitted a proposal and was approved
to receive $41 ,800 for the employment of a full time social worker to provide family violence
intervention services. This appropriation is 100% reimbursable Federal money and
continued funding may be requested after the initial 12 month period. The Family Violence
Intervention Worker position is the first approved position of this kind in the State. The
proposal was developed with the assistance of Judge Philip Trompeter, J&D Court, Project
LINK (Substance abuse treatment with Blue Ridge Community Services), Roanoke County
Police Department and the Domestic Violence Coalition. There was no discussion.
Supervisor Nickens moved to appropriate the funds. The motion carried by
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October 26, 1999
the TOIIOWlng recoraea vote:
AYES:
NAYS:
Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
None
2. Reauest to aDDrove Roanoke Countv comDliance with Pre-Grant
Communitv DeveloDment Block Grant reauirements ICDBG) for
Advance Auto $700.000 arant bv the adoDtion of: la) Local
Business And EmDlovment Plan: Ib) Fair Housina Certification:
and (c) Residential Anti-DisDlacement and Relocation Assistance
Plan.
A-102699-2a: A-102699-2.b: A-102699-2.c
Mr. Harrington advised that Roanoke County has been notified by the Virginia
Department of housing and Community Development that the County is eligible to receive
a $700,000 Community Development Block Grant for the Advance Auto Parts/Boxley Hills
Stormwater Improvement Project. The project involves the construction of upgraded and
new stormwater management facilities in the Boxley Hills community. Completion of these
facilities will allow the expansion of the corporate offices of Advance Auto Parts Inc., with
the corresponding employment and economic benefits. The actual grant award is
contingent upon many factors, including completion of a variety of pre-grant requirements
and adoption of three documents. The first document to be approved is a Local Business
and Employment Plan which identifies those items necessary and likely to occur through
the use of grant funds, and provides that the County will identify, through public
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October 26,1999
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advertisement, the concerns of any businesses that may provide services, supplies, or
serve the construction needs of the project. The second document to be approved is a Fair
Housing Certification which requires that the County take at least one action annually for
the life of the project that affirms our commitment to fair housing, and the third document
is the Residential Anti-Displacement and Relocation Assistance Plan which provides
policies and procedures for the displacement and relocation of any low-moderate income
persons displaced by the project activities. Mr. Harrington stressed that Roanoke County
does not intent, and will not displace any person as a result of this project, but the adoption
of the plan is a requirement that mut be met prior to the grant award. Mr. Harrington asked
for approval of the grant and adoption of the three documents.
Supervisor Johnson moved to approve the staff recommendations and adopt
the three documents. The motion carried by the following recorded vote:
AYES:
Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
NAYS:
None
RESOLUTION 102699-2.b OF THE BOARD OF SUPERVISORS OF
ROANOKE COUNTY, VIRGINIA, PERTAINING TO THE ADOPTION OF A
FAIR HOUSING CERTIFICATION
WHEREAS, the County of Roanoke, Virginia, has ben offered and intends to
accept federal funds authorized under the Housing and Community Development Act of
1974, as amended; and
WHEREAS, recipients of funding under the Act are required to take action to
affirmatively further fair housing.
NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors
agrees to take at least one action to affirmatively further fair housing each grant year,
during the life of the project funded with Community Development Block Grant funds. The
action taken will be selected from a list provided by the Virginia Department of Housing and
Community Development.
On motion of Supervisor Johnson to adopt the resolution, and carried by the
following recorded vote:
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October 26, 1999
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AYc:S:
NAYS:
:supervisors McNamara, MinniX, Hamson, NIcKens, Jotmson
None
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IN RE:
REQUEST FOR PUBLIC . HEARINGS AND FIRST READING OF
REZONING ORDINANCES - CONSENT AGENDA
Supervisor Harrison moved to approve the first reading and set the second
reading and public hearing for November 23, 1999. The motion carried by the following
recorded vote:
AYES:
Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
NAYS:
None
1" First readina of ordinance to obtain a SDecial Use Permit for a
Drivate stable. located at 501 Texas Hollow Road. Catawba
Maaisterial District. UDon the Detition of Jeftrev Shawver.
Supervisor Harrison asked that he be provided with Mr. Shawver's telephone
number so that he could contact him.
INRE:
FIRST READING OF ORDINANCES
1" First reading of Ordinance authorizina and aDDrovina the
residential lease of the loa cabin and aDDroximatelv one acre of
real estate located at the Roanoke Countv Center for Research
and Technoloav. Catawba Maaisterial District. IMelinda Cox.
Economic DeveloDment SDecialist)
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Ms. Cox advised that the County acquired four dwellings as part of the
transaction for property for the Center for Research and Technology. All of these houses
were vacated recently in order to begin initial development ofthe technology park. One of
these houses, located at 4958 Glenvar Heights Boulevards, is outside of the first phase of
the development, and in order to minimize cost and provide some cash flow, it is
recommended that this dwelling be leased until such time as development or an alternative
use is indicated. She advised that staff recommends the approval ofthe 45 day termination
from the Stanley lease and approval of the first reading of the ordinance to lease the
property on a month to month basis until a permanent use for the structure can be
determined. There was no discussion.
Supervisor Harrison moved to approve the first reading and set the second
reading for November 9,1999. The motion carried by the following recorded vote:
AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
NAYS: None
2. First Readina of Ordinance Authorizing the Construction of and
Financina for a Local Public Works ImDrovement Proiect -
Clearbrook Lane Waterline Extension Proiect. IGarv Robertson.
Utilitv Director)
Mr. Robertson advised that this is Phase II of the Clearbrook Water Project
and in 1996, staff applied for a low interest loan through the Virginia Water Supply
Revolving Fund to assist in construction of this project. The project met the requirements
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tor me loan Dut me prOject ranKing was below the l;ulurr fu, è:lvdildLI", ru"J". II, DecembcF,
1998, staff was notified that funding of this project was now available with an interest rate
of 4% and financing for 20 years. Staff received communications from four property
owners on Clearbrook Lane who experienced problems with their private wells this
summer. A temporary water line was installed to provide water to seNe one property. On
September 17, 1999, letters were mailed to 51 property owners on the eastern side of
Route 220 to determine interest in public water. Responses were received from 20
property owners with 11 willing participants. Staff looked at two construction alternatives.
Option I would construct a water line at the northern and southern terminus of Clearbrook
Lane with 2,200 feet of 8 inch water line at an estimated construction cost of $187,000,
and $20,000 for engineering, construction administration and inspection, for a total cost of
$207,000, and would serve 21 properties, including 11 willing participants. Option 2 would
be to construct a water line along the entire length of Clearbrook Lane which would be
4,100 feet of 8 inch water line at an estimated construction costs of $289,000 and $35,000
for engineering, construction administration and inspections, for a total cost of $324,000.
This option could serve 40 properties but has only 11 participants. In the Board report
submitted, staff recommended Option 2 because it would provide construction of a
complete loop of the water line, but upon further discussion and review, staff now
recommends Option 1 since Option 2 does not have at least 50% citizen participation.
After discussion, Supervisor Minnix moved to approve the first reading with
Option I and set the second reading for November 9, 1999. The motion carried by the
following recorded vote:
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October 26, 1999
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AYES:
NAYS:
Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
None
INRE:
SECOND READING OF ORDINANCES
1" Second readina of ordinance authorizina the acauisition of 9.062
acres of land adiacent to Vinvard Park II. (Paul M. Mahonev.
Countv Attornev)
0-102699-3
Mr. Mahoney advised that the property adjacent to Vinyard Park II which
currently belongs to the Vinyard family is available for sale at a cost of $40,000, and that
$ 1,000 is needed to cover the cost of the purchase. Staff is recommending acquiring this
property to enhance the access to parts of Vinyard Park II and to protect the County's
interest. He asked that $41,000 be appropriated from the Capital Fund Balance for the
purchase price and costs. Supervisor Johnson advised that he would abstain from the vote
on this item. Supervisor Nickens asked that the current occupants be given a reasonable
amount of time to vacate the premises and that they remove any inoperative vehicles and
travel trailers.
Supervisor Nickens moved to adopt the ordinance. The motion carried by the
following recorded vote:
AYES: Supervisors McNamara, Minnix, Harrison, Nickens
NAYS: None
ABSTAIN: Supervisor Johnson
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October 26, 1999
ORDINANCE 102699-3 AUTHOKI¿,INl:i INE ACQUISITION Of CERTAIN
REAL ESTATE FROM WALTER D. VINYARD AND N. CHRISTIAN
VINYARD CONSISTING OF APPROXIMATELY 9.062 ACRES, MORE OR
LESS, (BEING IDENTIFIED AS CITY TAX MAP PARCEL 7020102), FOR
PUBLIC PARK PURPOSES
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WHEREAS, Walter Darnell and Claiborne W. Vinyard have previously
donated to Roanoke County two parcels of real estate used by the Department of Parks
and Recreation as Vinyard Park and Vinyard Park \I; and,
WHEREAS, additional real estate consisting of approximately 9.062 acres
owned by Walter D. Vinyard and N. Christian Vinyard, and adjacent to Vinyard Park \I is
available for sale at the price of $40,000; and,
WHEREAS, the acquisition of this real estate will enhance the access to
Vinyard Park \I and protect the public interest in same; and,
WHEREAS, Section 18.04 of the Roanoke County Charter directs that the
acquisition and conveyance of real estate interests be accomplished by ordinance; the first
reading of this ordinance was held on October 12, 1999; the second reading was held on
October 26,1999.
THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That the exercise of the option agreement to acquire 9.062 acres of
real estate located in the City of Roanoke owned by Walter D. Vinyard and N. Christian
Vinyard for the sum of Forty Thousand ($40,000.00) Dollars is hereby authorized and
approved.
2. That, there is hereby appropriated the sum of Forty One
Thousand ($41,000.00) Dollars from the Capital Fund
Unappropriated Balance to pay all the costs of this acquisition.
3. That the County Administrator or Assistant County Administrators are
hereby authorized to execute such documents and take such actions on behalf of Roanoke
County in this matter as are necessary to accomplish the acquisition of this real estate, all
of which shall be approved as to form by the County Attorney.
4. That this ordinance shall be effective on and from the date of its
adoption.
On motion of Supervisor Nickens to adopt the ordinance, and carried by the
following recorded vote:
AYES: Supervisors McNamara, Minnix, Harrison, Nickens
NAYS: None
ABSTAIN: Supervisor Johnson
INRE:
CONSENT AGENDA
R-102699-4
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~upervisor Nickens advised that the County received a $1 ,000 donation from
Lowe's for the DAR.E. program and asked that acceptance of this donation be included
in Item 1 of the Consent Agenda.
Supervisor Johnson moved to adopt the Consent Resolution with the addition
of acceptance of the Lowe's donation in Item 1. The motion carried by the following
recorded vote:
AYES:
Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
NAYS:
None
RESOLUTION 102699-4 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
October26, 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
4, inclusive, as follows:
1. Request from the Police Department to accept a $500 donation from
the Roanoke Moose Lodge and $1,000 donation from Lowe's for the
DAR.E. Program.
2. Request for acceptance of grants from Bureau of Justice Assistance
under the BUlletproof Vest Partnership Act of 1998:
(b) Police Department for $4,000
(c) Sheriff's Office for $4,000
4. Request from the Schools to accept grants of $5,316.40 and
$5,151.84 from State Department of Education for School
Performance Report Card Postage
5. Request to ratify announcement of date change of Halloween
celebration.
2. That the Clerk to the Board is hereby authorized and directed where
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October 26,1999
required by law to set Tortn upon any or 5é1ld il~III" lI,~ ""fJ01 ate vote tabtllatl6R fer 8RY sLJeR
item pursuant to this resolution.
On motion of Supervisor Johnson to adopt the Consent Resolution with
acceptance of donation from Lowe's added to Item 1, and carried by the following recorded
vote:
AYES:
NAYS:
Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
None
INRE:
REQUESTS FOR WORK SESSIONS
Supervisor Nickens asked for a work session at a meeting in either December
or January on the current response times of Fire and Rescue personnel and asked that the
data for the work session be compiled. Mr. Hodge suggested a work session be held at
the meeting on December 21, 1999.
INRE:
REPORTS
Supervisor Johnson moved to receive and file the following reports. The
motion carried by a unanimous voice vote.
1" General Fund UnaDDroDriated Balance
2. CaDital Fund UnaDDroDriated Balance
3. Board Continaencv Fund
4. Future School CaDital Reserve
5. Proclamation sianed bv the Chairman
6. Revenues and EXDenses for the three month Deriod ended
SeDtember 30.1999
7. Revision of Mission Statement and Goals for Administrator's
Office for FY 2000
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8. Chanaes to Secondarv Svstem of State Hiahwavs as of
SeDtember.1999
9. Accounts Paid - SeDtember 1999
10. ReDort of Claims Activitv for the Self-Insurance Proaram
Supervisor Harrison requested that the addresses for the water damage
claims be put on the report.
INRE:
CHANGE IN DATE OF HALLOWEEN
Supervisor Nickens advised that all ofthe supervisors and staff received calls
for and against the County's decision to change the day that Halloween will be celebrated
from Sunday to Saturday, and asked that Mr. Hodge place this item on the agenda for a
future administrators' meeting. He asked that in the future this decision be made earlier
which would eliminate many of the calls and dissatisfaction. Chairman Johnson advised
that all of the surrounding localities changed the date, and the County changed the date
only to be consistent. He agreed that the item should be referred to a future meeting of the
administrators.
IN RE:
CLOSED MEETING
At 3:45 p.m., Supervisor Johnson moved to go into Closed Meeting following
the work sessions pursuant to Code of Virginia Section 2.1-344 A (3) to discuss disposition
of publicly held real estate. The motion carried by the following recorded vote:
AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
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October 26, 1999
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IN RE: WORK SESSIONS (4TH FLOOR CONFERENCE ROOM)
1" Work Session to discuss the DroDosal from United Wav of
Roanoke Valley to assist in the budaet distribution to Human
Service Aaencies. IJohn Chambliss. Assistant Countv
Administrator)
The work session was held from 3:50 p.m. until 4:20 p.m. and was presented
by Mr Chambliss. He advised that during the Budget session this past spring, it was
suggested that the County consider using United Way to distribute the budgeted monies
to Human Services Agencies. He outlined the proposal, and it was the consensus of the
Board that the proposal had merit, and Mr. Chambliss was asked to bring a report back for
Board action. The suggestion was made to add this item to the agenda for the next joint
meeting with the Roanoke City CounciL
2. Work Session to discuss the Secondarv Road System Six-Year
Construction Plan 12000-2006) and Consideration of Proiects for
FY 2000-01 VDOT Revenue Sharina Proaram. IArnold Covev.
Communitv DeveloDment Director)
The work session was held from 4:20 p.m. until 5:00 p.m. and presented by
Mr. Covey. Mr. Jeff Echols, Resident Engineer for the Virginia Department of
Transportation was also present.
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October 26, 1999
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Mr. Covey advised that VDOT is in the process of designing West Main Street
and needs to know if the Board supports bikeways, sidewalks or both along this corridor.
Currently the section of 11/460 in the City has sidewalks on both sides but not bikeways.
Roanoke County and the City of Salem are jointly pursing a greenway along the Roanoke
River from Greenhill Park to Moyer Sports Complex. Bikeways and/or sidewalks would
allow the County to tie the Glenvar area to the City of Salem and the future greenway. In
addition, West Main Street is on the latest Metropolitan Planning Organization's Bikeway
Plan, and Roanoke County is required to address this issue before plan approval. The
County would be required to pay half the construction costs for bikeways and sidewalks
with VDOT covering all additional costs. Mr. Covey presented cost breakdowns and
advised that the County share of costs for Bikeways, both directions, would be $94,000;
sidewalks, one-side only, would be $260,000 and both facilities, $224,000. After
discussion, there was no Board consensus to appropriate funds for bikeways or sidewalks.
Mr. Covey advised that staff met with VDOT engineers in Richmond recently
concerning industrial access funds for Glenmary Drive. VDOT noted that Glenmary Drive
was inadequate for the full development of the CRT site and once it becomes a secondary
road, it would be eligible for industrial access funds. Staff is recommending that Glenmary
Drive be added to the Six Year Road Plan so funding can be supplemented with regular
construction dollars or revenue sharing funds, and then industrial access funds may be
utilized for interior road construction. After discussion, it was the consensus of the Board
to add Glenmary Drive to the six year plan but not to appropriate any additional money.
Mr. Covey advised that VDOT had been contacted to see if any funds are
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available to assist with the Wood cnds scnoOl Site. vDOT urncléll:; éldvi:;<::d lI'dl F'1"d'>dlll
Hill Drive, and some improvements to Bent Mountain Road (Route 221), are eligible for
revenue sharing funds. Staff has developed another option which would allow the School
Board to match $200,000 ($400,000 total) of revenue sharing funds. This would reduce
the Board's commitment to the revenue sharing program from $500,000 to $300,00 for FY
2000-2001. It was the consensus of the Board to place Pleasant Hill Drive on the revenue
sharing list with the School administration responsible for matching the $200,000. Mr.
Covey was directed to write a letter confirming this to the School administration.
3. Work Session on McDonald Farm.
The work session was held from 5:00 p.m. until 5:45 p.m. and was presented
by Anita McMillan, Clay Goodman, Janet Scheid and Terry Harrington.
Ms. McMillan and Ms. Scheid described the changes that had been made to
the protective covenants, conditions and restrictions for McDonald Farm at the suggestion
of staff, the Planning Commission, and the Town of Vinton. There was considerable
discussion of these changes, and Mr. Mahoney was asked to bring back a revised
ordinance and covenants reflecting these changes to the evening session for Board action
concerning the rezoning of McDonald Farm. Mr. Goodman advised that the Vinton Town
Council is scheduled to vote on the rezoning at their November 2,1999 meeting.
IN RE: CERTIFICATION RESOLUTION
R·102699·5
At 7:03 p.m., Supervisor Johnson announced that the Closed Meeting was
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held [lUll I 4.03 f.l.lll. WIlli 4.20 p.m., and moved to reIUrn to open session and adopt the
Certification Resolution. The motion carried by the following recorded vote:
AYES:
Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
NAYS:
None
RESOLUTION 102699-5 CERTIFYING THE CLOSED MEETING WAS
HELD IN CONFORMITY WITH THE CODE OF VIRGINIA
WHEREAS, the Board of Supervisors of Roanoke County, Virginia has
convened a closed meeting on this date pursuant to an affirmative recorded vote and in
accordance with the provisions of The Virginia Freedom of Information Act; and
WHEREAS, Section 2.1-344.1 of the Code of Virginia requires a certification
by the Board of Supervisors of Roanoke County, Virginia, that such closed meeting was
conducted in conformity with Virginia law.
NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of
Roanoke County, Virginia, hereby certifies that, to the best of each members knowledge:
1. Only public business matters lawfully exempted from open meeting
requirements by Virginia law were discussed in the closed meeting which this certification
resolution applies, and
2. Only such public business matters as were identified in the motion
convening the closed meeting were heard, discussed or considered by the Board of
Supervisors of Roanoke County, Virginia.
On motion of Supervisor Johnson to adopt the Certification Resolution; and
carried by the following recorded vote:
AYES: Supervisors McNamara, Minnix, Harrison, Nickens. Johnson
NAYS: None
IN RE:
PUBLIC HEARING AND SECOND READING OF ORDINANCES
1" Second readina of ordinance aDDrovina a voluntarv settlement
Aareement. entitled "Gain Sharina Aareement between the Town
of Vinton and the County of Roanoke" and authorizina a Detition
to the Circuit Court to affirm the settlement. IPaul Mahoney.
Countv Attornev)
0-102699- 6
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October 26, 1999
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Government (COLG) found that the proposed agreement was consistent with the best
interests of the Commonwealth and recommended the Court's approval. Now, each locality
must adopt the agreement by ordinance in order for the attorneys for the County and Vinton
to petition the circuit court for an order affirming the agreement. Supervisor Johnson
expressed thanks to Supervisor Nickens, Clay Goodman, Vinton Town Manager, and staff
for their assistance with this item. Mr. Mahoney advised that the Town of Vinton will hold
a public hearing for adoption of the agreement on November 2, 1999. Supervisor Nickens
thanked Vinton Mayor Hill and members of Vinton Town Council, Carter Glass, Council for
Town of Vinton, Clay Goodman, Mr. Mahoney and Mr. Hodge for their efforts. There were
no citizens present to speak on this item.
Supervisor Nickens moved to adopt the ordinance. The motion carried by the
following recorded vote:
AYES:
Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
NAYS:
None
ORDINANCE 102699-6 APPROVING A VOLUNTARY SETTLEMENT
AGREEMENT, ENTITLED "GAIN SHARING AGREEMENT BETWEEN THE
TOWN OF VINTON AND THE COUNTY OF ROANOKE", PURSUANT TO
SECTION 15.2-3400 OF THE 1950 CODE OF VIRGINIA, AND
AUTHORIZING A PETITION TO THE CIRCUIT COURT OF ROANOKE
COUNTY TO AFFIRM THE SETTLEMENT AND TO GIVE IT FULL FORCE
AND EFFECT
WHEREAS, the Town of Vinton and the County of Roanoke have entered into
a voluntary settlement agreement, entitled "Gain Sharing Agreement between the Town of
Vinton and the County of Roanoke (the "Agreement"), pursuant to the provisions of Section
15.2-3400 of the 1950 Code of Virginia; and,
WHEREAS, this Agreement provides for the limited waiver by the Town of
certain annexation rights, for the payment by the County of certain sales and use taxes and
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development in that portion of the County generally known as "East Roanoke County", for
certain cooperative activities between the Town and the County in the areas of joint
economic development and planning, and for other matters; and,
WHEREAS, this Agreement has been reviewed by the Commission on Local
Government, and by Report dated October 1, 1999, the Commission recommends its
approval of this Agreement; and,
WHEREAS, the Town and the County desire to amend the Agreement for the
purpose of clarifying one of its provisions; and,
WHEREAS, the first reading of this ordinance was held on October 12, 1999,
and the second reading and public hearing were held on October 26, 1999, upon notice
and advertisement as required by law.
BE IT ORDAINED, by the Board of Supervisors of Roanoke County, Virginia:
1. Thatthe Gain Sharing Agreement between the Town of Vinton and the
County of Roanoke, as amended, is hereby adopted and approved.
2. That the Chairman of the Board of Supervisors is authorized and
directed to
execute the Agreement, as amended, on behalf of the County.
3. That the County Attorney is hereby directed to petition the Circuit Court
of Roanoke County for the appointment of a special court pursuant to Section 15.2-3400
of the 1950 Code of Virginia, for an order affirming and validating this Agreement and to
give it full force and effect.
4. That the County Administrator is hereby directed to take such actions
as may be necessary to implement this Agreement upon receipt of the order of the court.
5. That this ordinance shall be in effect from and after the date of 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
2. Second readina of ordinance to rezone aDDroximatelv 99.38 acre
tract of real estate IMcDonald Farm) from R1 to PTD with
conditions. located at the 2100 block of Hardy Road. Vinton
Maaisterial District. UDon the Detition of the Town of Vinton.
ITerrv Harrinaton. Countv Planner)
0-102699-7
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October 26, 1999
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the petition with the proffered conditions. At their public hearing, three or four citizens did
express their concerns about noise and light pollution, loss of mountain views, loss of
property value and traffic congestion on Hardy Road which is not yet in the County's six
year plan. The petition is proffered with the concept plan, as presented at the earlier work
session, and with all the proffered conditions, including the Covenants, which have been
updated from the work session.
Virginia Huneveld, 1108 Pedigo Lane, advised that her property abuts the
McDonald Farm property, and expressed her concerns about the difficult of getting out of
Montgomery Village onto Hardy Road. She would like to see the speed limit lowered.
Supervisor Johnson advised that before the petitioner is allowed to develop the property,
they will have to abide by the Virginia Department of Transportation sight distances for
entrances. Supervisor Nickens advised that he would ask VDOT to do a study of this area
to reduce the speed limit even without this development.
Vinton Town Manager Clay Goodman, addressed the Board on the Town of
Vinton's involvement in the project. Roanoke County Director of Economic Development
Timothy W. Gubala spoke about the Hill Abbott study and advised that project will be a 100
acre mixed use business park. Mr. HunterYoung, engineer from Mattern, Mattern & Craig,
spoke to the Board about the different uses of the property.
Supervisor Nickens moved to adoptthe ordinance. The motion carried by the
following recorded vote:
AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
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October 26, 1999
667
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I~A yg. l~ulI"
ORDINANCE 1 02699-7 TO CHANGE THE ZONING CLASSIFICATION OF
A 99.38-ACRE TRACT OF REAL ESTATE (McDONALD FARM) LOCATED
AT THE 2100 BLOCK OF HARDY ROAD (TAX MAP NO. 71.11-1-1) IN THE
VINTON MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION
OF R-1 TO THE ZONING CLASSIFICATION OF PTD WITH CONDITIONS
UPON THE APPLICATION OF THE TOWN OF VINTON
WHEREAS, the first reading of this ordinance was held on September 28,
1999, and the second reading and public hearing were held October 26, 1999; and,
WHEREAS, the Roanoke County Planning Commission held a public hearing
on this matter on October 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,
1. That the zoning classification of a certain tract of real estate containing
99.38 acres, as described herein, and located at the 2100 block of Hardy Road (Tax Map
Number 71.11-1-1) in the Vinton Magisterial District, is hereby changed from the zoning
classification of R-1, Low Density Residential District, to the zoning classification of PTD,
Planned Technology Development District.
2. That this action is taken upon the application of The Town of Vinton.
3. That the owner of the property has voluntarily proffered in writing the
following conditions which the Board of Supervisors of Roanoke County, Virginia, hereby
accepts:
All submitted materials, including "Protective Covenants, Conditions, and
Restrictions for the McDonald Farm" in addition to the following proffers:
(1) On Parcels "G" and "H" on the concept plan dated August of
1999, Mattern & Craig, Inc., all exterior building materials shall be residential in character.
The exterior wall materials shall be limited to brick, stone, wood, vinyl or aluminum siding
and other materials customarily found on residential structures. Exterior colors shall be
predominantly earth tone colors. On Parcels "G" and "H" roof pitch shall be no less than
a 4/12 pitch and roof materials shall be non-reflective, earth tone colors.
(2) Buildings on Parcel "A" identified on the concept plan dated
August of 1999, Mattern & Craig, Inc., shall be oriented inward on a central, landscaped
parking area. No customer parking shall be permitted to the rear of the buildings.
(3) Any residential, civic, office, commercial, industrial or
miscellaneous use types listed in the Roanoke County Zoning Ordinance, that require a
Special Use Permit, shall also require a Special Use Permit under this Planned Technology
District rezoning, except as amended by the "Protective Covenants, Conditions and
Restrictions for the McDonald Farm".
(4) Broadcasting Towers shall be prohibited.
4. That said real estate is a 99.388 acre tract known as The McDonald
/
668
October 26, 1999
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ordinance.
5. That this ordinance shall be in full force and effect thirty (30) days after
its final passage. All ordinances or parts of ordinances in conflict with the provisions of this
ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed
to amend the zoning district map to reflect the change in zoning classification authorized
by this ordinance.
On motion of Supervisor Nickens to adopt the ordinance, and carried by the
following recorded vote:
AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
NAYS: None
3. Second readina of ordinance to aDDrove a SDecial Use Permit for
FriendshiD Manor. Inc. and FriendshiD Manor ADartment Villaae
CorDoration for a life care facilitv to be located at the intersection
of Florist Road and Hershberaer Road in the Hollins Maaisterial
District. (Terrv Harrinaton. Countv Planner)
0-102699- 8
Mr. Harrington advised that Friendship Manor is requesting a special Use
Permit for a life care facility. Issuance of the permit will recertify Friendship Manor's rights
to complete the build-out ofthis facility. There are approximately 312 apartment-type units
and a 272 bed convalescent facility currently on the property. The conceptual build-out
plan submitted shows the planned construction of an additional 120 life lease apartments,
and a 120 unit expansion to their convalescent care facility. New parking areas associated
with the planned expansion will also be provided. The Planning Commission
recommended approval with two recommended conditions which Mr. Harrington described.
There were no citizens present to speak on this item.
Supervisor Johnson moved to adopt the ordinance. The motion carried by
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October 26, 1999
669
the following recorded vOle.
AYES:
Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
NAYS:
None
ORDINANCE 102699-8 GRANTING A SPECIAL USE PERMIT TO
FRIENDSHIP MANOR, INC. AND FRIENDSHIP MANOR APARTMENT
VILLAGE CORPORATION FORA LIFE CARE FACILITY TO BE LOCATED
AT THE INTERSECTION OF HERSHBERGER AND FLORIST ROADS
(TAX MAP NOS. 38.1511,2,3,4, AND 5), HOLLINS MAGISTERIAL-
DISTRICT
WHEREAS, Friendship Manor, Inc. has filed a petition for a Special Use
Permit for a life care facility to be located at the intersection of Hershberger and Florist
Roads (Tax Map Nos. 38.15-1-1,2,3,4, and 5 - property of Friendship Manor Apartment
Village Corporation and Friendship Manor, Inc.) in the Hollins Magisterial District; and
WHEREAS, the Planning Commission held a public hearing on this matter
on July 6, 1999 and October 5, 1999; and
WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first
reading on this matter on June 22, 1999; the second reading and public hearing on this
matter was held on July 27, 1999; and continued to August 24, 1999; and continued to
October 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
Friendship Manor, Inc. and Friendship Manor Apartment Village Corporation for a life
care facility to be located at the intersection of Hershberger and Florist Roads (Tax Map
Nos. 38.15-1-1, 2, 3, 4, and 5) 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:
(A)
(B)
That future build-out and development of the site shall be in
general conformance with the submitted conceptual plan
entitled "Exhibit A" Friendship Manor Retirement Community,
prepared by Lumsden Associates and dated May 7, 1999.
All storm water management improvements required and
associated with future development on the site shall be
designed and constructed to accommodate projected storm
water flows associated with the ultimate build-out on the site as
depicted on the submitted concept plan. All pond and storm
water improvements shall be designed for 25 year post
development, with a 2 year pre-development release rate. As
part of these improvements, all discharges from any storm
670
October 26, 1999
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redirected downstream as far as possible to reduce the amount
of Friendship Manor-related storm water on homes within
Brookside subdivision.
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, and carried by the
following recorded vote:
AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
NAYS: None
,=
4. Second reading of ordinance amendina and readoDtina the
Zonina Ordinance bv the addition of standards forthe desian and
develoDment of Cluster Housina. ITerrv Harrinaton. Countv
Planner)
Mr. Harrington advised that this item had been postponed until the November
9, 1999 meeting so that a work session could be held. However, the public hearing was
being held tonight. He advised that the Cluster Housing Ordinance is an alternate plan to
allow landowners to develop their property using "clustering" techniques, thereby
permanently preserving between 35% to 50% of each site as open space without
increasing the gross allowable density of the property. He reviewed the major provisions
of the ordinance. Supervisor Johnson advised that he would like the Planning Staff and
Planning Commission to review the ordinance again, and asked that the Roanoke Regional
Homebuilders be invited to the work session.
Joe Miller, 2812 Longview Avenue, representing the Roanoke Regional
Homebuilders Association, applauded the County's initiative in writing a Cluster Housing
-,
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October 26, 1999
671
ereJlf1Bfl6e Bf1eJ advised 11,01 U""y 0'" ill full :;u.J.Jurl ur ä dusler orOlnance as a Dy-ngm
option. However, they think the ordinance as written will not work, and he listed several
reasons for their opinion.
Supervisor Nickens asked that the Roanoke Regional Homebuilders provide
staff and the Board with specific details regarding items in the ordinance they feel need
revising before the work session is held. Supervisor Johnson asked that the Planning staff
prepare two or three examples of actual zoning situations using the Cluster Housing
ordinance for the Board's review at the work session
INRE:
REPORTS AND INQUIRIES OF BOARD MEMBERS
SUDervisor Johnson: (1) He advised that he had been out of town for ten
days and asked for an update on the meeting which was to be scheduled with Supervisor
Nickens and Harrison and Marion Roark and Tom Leggette from School Board on the
Glenvar Middle School project. Supervisor Harrison advised that he and Supervisor
Nickens are ready and have been willing to meet, but were told that the meeting had to wait
until after the School Board meets on October 28 and offered some dates. Supervisor
Johnson asked that when the date is scheduled, Mr. Mahoney and Ms. Green be notified
so that the date can be publicized. Supervisor Harrison advised that they have asked for
a list of various items to be discussed at the meeting
SUDervisor McNamara: (1) He advised that he thought Supervisor Nickens'
comments earlier about Halloween were appropriate and that localities should celebrate
on the same day, but he would prefer it be the actual Halloween date. He also asked if the
/
672
October 26, 1999
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on the background ofthe change in date to celebrate Halloween from Sunday, October 31 ,
to Saturday, October 30, and advised that additional police will be scheduled. (2) He asked
for an update from Pete Haislip on South County Park. Mr. Hodge advised that the
groundbreaking had been held and he would provide an update to the Board in a few
weeks.
SUDervisor Minnix: (1) He advised that he had discussed the South County
Park with Mr. Haislip and plans are going forward. (2) He advised that he attended the
Hanging Rock celebration and it was well done and well received. (3) He advised that they
broke ground last week for another new business in Southwest County Industrial Park.
SUDervisor Harrison: (1) He advised that he also attended the Hanging
Rock Trail dedication and was very pleased with it. This is another example of cooperation
among localities. He advised that before, during and after the ceremony, people were
walking on the trail. (2) He announced that Hanging Rock Estates Road was being paved
today and displayed the photograph that Arnold Covey provided him.
SUDervisor Nickens: (1) He asked Mr. Mahoney to address the legality of
Roanoke County using cameras at traffic signals to monitor people running red lights.
Chairman Johnson advised that November 2 is Election Day and encourage
all citizens to exercise their right to vote at that time.
IN RE:
ADJOURNMENT
At 8:03 p.m., Chairman Johnson adjourned the meeting.
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October 26, 1999
673
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CUbFFliM:8eJ by,
App,ovcJ Ly,
~Ç).~
Brenda J. Holton, CMC
Deputy Clerk to the Board
674
October 26, 1999
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