HomeMy WebLinkAbout12/21/1999 - Regular
December 21, 1999
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Roanoke County Administration Center
5204 Bernard Drive
Roanoke, Virginia 24018
December 21, 1999
The Board of Supervisors of Roanoke County, Virginia, met this day at the
Roanoke County Administration Center, this being the third Tuesday and the second
regularly scheduled meeting of the month of December, 1999.
IN RE:
CALL TO ORDER
Chairman Johnson called the meeting to order at 3:04 p.m. The roll call was
taken.
MEMBERS PRESENT: Chairman Bob L. Johnson, Vice Chairman Harry C. Nickens
(Arrived 3:07 p.m.), Supervisors H. Odell "Fuzzy" Minnix,
Fenton F. "Spike" Harrison, Joseph McNamara
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 Reverend James W. Reynolds, Retired, United
Methodist Church, 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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December 21, 1999
A6ENDA ITEMS
~
Mr. Mahoney recommend that the Board amend the adjournment item to give
official notice of the change in the time of the Board's organizational meeting on January
3, 2000, from 4:00 p.m. to 9:00 a.m. There was no objection, and Chairman Johnson will
adjourn this meeting to 9:00 a.m., January 3,2000.
INRE:
PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND AWARDS
1.. Resolution of Aporeciation to Fenton F. "Spike" Harrison. Jr..
for his service on the Roanoke County Board of Suoervisors.
R-122199·1
Chairman Johnson presented the resolution and a plaque to Supervisor
Harrison. Supervisor Harrison advised that his term had been a great learning experience,
and he expressed his appreciation to the Board members and County staff.
Supervisor Nickens moved to adoptthe resolution. The motion carried by the
following recorded vote:
AYES: Supervisors McNamara, Minnix, Nickens, Johnson
NAYS: None
ABSTAIN: Supervisor Harrison
RESOLUTION 122199-1 OF APPRECIATION TO FENTON F. "SPIKE"
HARRISON, Jr. FOR HIS SERVICES AS A MEMBER OF THE BOARD
OF SUPERVISORS FROM 1996 TO 1999
WHEREAS, Fenton F. Harrison, Jr. was first elected to the Board of
Supervisors of Roanoke County from the Catawba Magisterial District in November 1995,
serving from January 1, 1996 to December 31, 1999.
WHEREAS, Supervisor Harrison served the County of Roanoke tirelessly
and selflessly for a period of four years, devoting many hours to the business of Roanoke
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December 21,1999
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Cuullly d;:J d 111t:JIIIL.,CI ur lilt; BUdld ur \:>ufJl:::=lvi:::>UI:::J, dllU
WHEREAS, during his term, Supervisor Harrison served with distinction on
the Fifth Planning District Commission, the Fifth PDC Metropolitan Planning Organization,
and the Roanoke County Cable Television Committee; and
WHEREAS, Supervisor Harrison has also served as a member of the
Community Advisory Committee that assisted with the planning and development of the
Roanoke County Center for Research & Technology, established a temporary committee
of Catawba Magisterial District civic league presidents to deal with issues of concern in that
community; and strongly supported the expanded widening of Route 11/460 in West
Roanoke County; and
WHEREAS, during Supervisor Harrison's term, the construction of the Phase
I School projects began, the Fort Lewis Fire Station was expanded, and new several
economic development prospects were located in his district.
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of
Roanoke County, Virginia, on behalf of all its citizens, does hereby extend its gratitude and
appreciation to Fenton F.· "Spike" Harrison, Jr. for his many significant contributions to
the County as a member of the Board of Supervisors; and
FURTHER, the Board of Supervisors wishes Mr. Harrison continued success
in his future endeavors.
On motion of Supervisor Nickens to adopt the resolution, and carried by the
following recorded vote:
AYES: Supervisors McNamara, Minnix, Nickens, Johnson
NAYS: None
ABSTAIN: Supervisor Harrison
INRE:
BRIEFINGS
1.. Annual Briefina!2ï the Blue Ridae Communitv Services Board of
Directors. (Rita Gliniecki. Roanoke County Board member)
Ms. Gliniecki briefed the Board concerning their activities during 1999, and
advised that County residents received $20.51 worth of services for each Roanoke County
tax dollar allocated to the BRCS. She introduced James Sikkema, incoming Executive
Director, and Thomas Chapman, Director of Administration.
IN RE:
NEW BUSINESS
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December 21,1999
1.
I (eqtlest for $1 ~,41 Ð additieflsi fl:lflEliflg fer the Fe~Fl:lary 211. ¿\lOO
Presidential Primarv Election. (Diane St. John. Reaistrar)
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A-122199-2
Ms. St. John advised that the cost for the February 29, 2000 Presidential
Primary Election was not included in the 1999-2000 budget because the primary was not
requested until July 15, 1999. She asked that $15,410 be appropriated from the Board
Continency Funds to cover the costs of the election. There was no discussion.
Supervisor Minnix moved to approve the funding. The motion carried by the
following recorded vote:
AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
NAYS: None
2. Reauest to appropriate fundina for the Loch Haven Phase II
water line extension. (Garv Robertson. Utilitv Director)
A-122199·3
Mr. Robertson advised that the County and Roanoke City entered into a new
water agreement dated September 30, 1999, and that the localities have been working
together to maximize interconnections between the two water systems. As of this date, the
County and the City have made interconnections to the County's systems at Grandin Road,
Colonial Avenue, Ogden Road, Challenger Avenue, Peters Creek at Valleypointe, Peters
Creek at North Lakes, and plans are being finalized for Montclair. These interconnections
will leave the County 700,000 gallons per day short of the County's goal of being able to
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December 21,1999
743
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transport 4 million gallons per aay. ~taTT rrom both localities have agreea that Loch Haven
Phase II water line is the best option to accomplish this goal. This project is tentatively
proposed in the County's Capital Improvement Program for 2004 but constructing it now
will accomplish two goals: (1) the City will be able to obtain their full 4 million gallons per
day when needed; and (2) the County will have the ability to put Spring Hollow water into
the Plantation Road, Williamson Road, areas when needed. The cost of the project is
$650,000 with each locality playing 50% of the cost. The County will provide all design
work, materials, and highway permits at an estimated cost of $325,000 and the City will
perform the actual installation with a City Utility Line Services Department crew. The work
is expected to start in early February and be completed within 60 days. He recommended
approval of the project and an appropriation of $325,000 from the Water Fund
Unappropriated Balance.
In response to Supervisor Johnson's inquiry, Mr. Robertson advised that the
County is not pumping water at this time from the Roanoke River to the Spring Hollow
Reservoir but is pumping during the hours of 7 p.m. until 7 a.m. because these hours are
outside of American Electric Power's peak hours. He explained that during the months of
December, January and February, AEP makes an additional cost for pumping during the
peak hours when the demands for electricity are greater. Supervisor Johnson advised that
he would like to see this demand factor waived in times of recognized drought when the
County's reservoir is not full and when pumping does not negatively affect the Roanoke
River. Mr. Robertson advised that they met with AEP recently to try and alleviate the
higher costs for January. It was the consensus of the Board that the Chairman would write
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December 21,1999
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Supervisor Johnson moved to adopt the funding. The motion carried by the
following recorded vote:
AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
NAYS: None
3. Reauest for reimbursement in the amount of $20.617.85 for
overtime expenses incurred durina the Fort Lewis Mountain fire.
(Rick Burch. Fire and Rescue Chief)
A-122199-4
Chief Burch advised that the Roanoke County Fire & Rescue incurred
overtime expenses of $20, 167.85 while fighting the brush fire on Ft. Lewis Mountain during
the week of November 15,1999. He advised that there was no loss of life or home and
there were few injuries. This amount represents 16.8% of their budget for overtime. He
asked that the Board appropriate $20,167.85 from the Board Contingency Fund to the Fire
& Rescue overtime budget.
At Chairman Johnson's request, Chief Burch updated the Board on the recent
trip of the County firefighters who went to Massachusetts to attend a memorial service for
other firefighters who were killed in a recent fire. He advised that approximately 30,000
firefighters were in attendance at the memorial, and that the County contingent was warmly
welcomed by the citizens.
Supervisor Nickens moved to approve the request. The motion carried by the
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December 21, 1999
745
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TOIIOWlng recordea vote:
AYES:
NAYS:
Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
None
4. Resolution authorizina and approvina the filina of ª reauest
seeking relief from the Preclearance Provisions of the Votina
Riahts Act. (Paul Mahonev. County Attornev)
R·122199·5
Mr. Mahoney advised that the Voting Rights Act was enacted in Congress in
1965 to rid the Nation of racial discrimination in the voting process. The Act is considered
to be the most effective civil rights legislation ever enacted by Congress, but in addition to
the State of Virginia, sixteen other states or parts of states are subject to preclearance
requirements which means that jurisdictions must submit any voting change, no matter how
minor, for approval either to the Justice Department or to a special court in Washington,
D. C. Congress amended the act in 1982 to allow jurisdictions to seek relief from the
preclearance burden. This relief is know as "bailout" and was intended to be an incentive
for state and local governments to bring about racial equality of opportunity in the political
process. To obtain a bailout, the state or local government must file a lawsuit before a
three judge court in the District of Colombia and he outlined the criteria for this. Roanoke
County meets all of the first five criteria; however, there are three subjective criteria which
require assessment. The County obtained the professional legal services of J. Gerald
Herbert, an attorney in Alexandria, Virginia, formerly an attorney with the Department of
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December 21,1999
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Registrar, and outside counsel believe that the County has satisfied all of these criteria.
A meeting was held with representatives of the community, representatives of the Justice
Department, and notices were published in the newspaper and public places as well as on
the County's website. The next step is to file the lawsuit before a three-judge court in the
District of Columbia, and he asked that the Board adopt a resolution to approve this action.
There was no discussion.
Supervisor Nickens moved to adopt the resolution. The motion carried by the
following recorded vote:
AYES:
Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
NAYS:
None
RESOLUTION 122199-5 AUTHORIZING AND APPROVING THE FILING
OF A REQUEST SEEKING RELIEF FROM THE PRECLEARANCE
PROVISIONS OF THE VOTING RIGHTS ACT
WHEREAS, the Voting Rights Act was enacted by Congress in 1965 to rid
the Nation of racial discrimination in the voting process, and Section 5 of this Act requires
covered jurisdictions to submit any voting change for approval either to the Department of
Justice or to a special court in Washington, D.C.; and,
WHEREAS, Congress amended this Act in 1982 to allow jurisdictions to seek
relief from the preclearance provisions in order to provide incentives to state and local
governments to bring about racial equality of opportunity in the political process; and,
WHEREAS, the criteria for relieffrom the preclearance provisions are linked
to the actual record of compliance with the Voting Rights Act within the County over the
past 10 years, and that Roanoke County has complied with all of the procedural and
substantive requirements of the Act; and,
WHEREAS, relief from the preclearance provisions will result in significant
cost savings through elimination of administrative costs and burdens associated with
preclearance submissions for each and every voting change.
NOW THEREFORE, BE IT RESOLVED by the Board of Supervisors of
Roanoke County, Virginia:
1. That the County Attorney with the assistance of outside counsel and
the Registrar are hereby authorized to take such actions as may be necessary to seek
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December 21,1999
747
relief from the preclearance provisions of the Voting Rights Act, and that such actions are
hereby approved.
2. That this resolution shall be effective from and after the date of its
adoption.
On motion of Supervisor Nickens to adopt the resolution, and carried by the
following recorded vote:
AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
NAYS: None
5. Approval of settlement of Casev Condemnation. and
appropriation of funds. (Paul Mahonev. Countv Attorney)
A-122199-6
Mr. Mahoney advised that this issue was discussed in closed meeting on
December 7, 1999 with legal counsel and staff. In accordance with these discussions,
counsel has concluded negotiations with the representatives of Margaret E. Casey to settle
this pending eminent domain proceeding. The parties have agreed to settle the litigation
and an appropriation of $17,150 is necessary. He recommended that the Board ratify and
approve the settlement of this eminent domain proceeding and appropriate $17,150 from
the Water Fund Unappropriated Fund Balance. There was no discussion.
Supervisor Minnix moved to approve the settlement and appropriate the
funds. The motion carried by the following recorded vote:
AYES:
Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
NAYS:
None
INRE:
FIRST READING OF ORDINANCES
1.. First readina of ordinance extendina the current franchise
748
December 21,1999
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aareement wlm AaelPnla (SalemI Gable for 90 ~ alld Itluutl",l
for appointment to neaotiatina committee to neaotiate ª new
aareement. (Joseph B. Obenshain. Sr. Assistant County
Attorney)
Mr. Obenshain advised that in September, 1999, the Board authorized an
extension of the Adelphia franchise agreement for 90 days, and staff is again requesting
an extension of 90 days to comply with federal and state laws. He advised that although
there have been preliminary staff discussions between the County and City of Salem with
Adelphia and a meeting of the negotiating committee, formal negotiations have not been
" completed. They are hopeful that an agreement with Adelphia can be reached by the end
of January. Supervisor Nickens, a member of the negotiating committee, requested that
the next meeting be scheduled during the second week in February. Mr. Obenshain also
advised that a public hearing will probably be held in January.
Supervisor Harrison moved to approve the first reading and set the second
reading for January 11, 2000. The motion carried by the following recorded vote:
AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
NAYS: None
2. First readinQ of ordinance to authorize acauisition of sanitarv
sewer easement on property owned !2ï Jorae E. Parrott in
connection with the sanitarv sewer proiect for the Roanoke
County Center for Research and Technoloav. (Garv Robertson.
December 21,1999
749
Utilitv Director)
Mr. Robertson advised that Roanoke County is in the process of constructing
sanitary sewer and water lines to the Roanoke County Center for Research and
Technology. The alignmentforthe Center's sewer extension will require an easementfrom
the property of Jorge Parrott. Mr. Parrott has agreed to compensation in the amount of
$150, and staff is recommending that the Board approve the first reading of this ordinance.
There was no discussion.
Supervisor Harrison moved to approve the first reading and set the second
reading for January 11, 2000. The motion carried by the following recorded vote:
AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
NAYS: None
IN RE:
SECOND READING OF ORDINANCES
~ Second reading of ordinance authorizina the conveyance of .071
acre parcel of real estate located alona the south lot line of
Roanoke Countv's Mount Pleasant Fire Station property. (Don
Gillispie. Division Chief)
0-122199-7
Chief of Fire & Rescue Rick Burch advised that there have been no changes
since the first reading. There was no discussion.
Supervisor Nickens moved to adopt the ordinance. The motion carried by the
following recorded vote:
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December 21, 1999
AYt::::s:
Supervisors IVlcNamara, Minnix, Harrison, ; lc\ì.E:ms, Jullll~ulI
¡--:
NAYS: None
ORDINANCE 122199-7 AUTHORIZING THE CONVEYANCE OF A .071
ACRE PARCEL OF REAL ESTATE LOCATED ALONG THE SOUTH LOT
LINE OF ROANOKE COUNTY'S MOUNT PLEASANT FIRE STATION
PROPERTY (TAX MAP NO. 79.01-3-25)
BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia,
as follows:
1. That pursuant to the provisions of Section 16.01 of the Charter of
Roanoke County, the subject property has been declared to be surplus, and has been
made available for sale; and
2. That pursuant to the provisions of Section 18.04 of the Charter of
Roanoke County, a first reading of this ordinance was held on December 7,1999; and the
second reading and public hearing on this ordinance was held on December 21, 1999,
concerning the sale and disposition of a .071 acre parcel of real estate located along the
south lot line of Roanoke County's Mount Pleasant Fire Station property (Tax Map No.
79.01-3-25), as shown on the attached plat; and
3. That an offer has been received from Ernest Wayne Holland and
Jacquelyne K. Holland to purchase this parcel of real estate for the sum of $1 ,400.00, and
this offer is hereby accepted; and
4. That the proceeds from the sale of this real estate are to be allocated
to the Mount Pleasant Fire Company; and
5. That the County Administrator is authorized to execute such
documents and take such actions as are necessary to accomplish the conveyance of said
property, all of which shall be upon form approved by the County Attorney.
On motion of Supervisor 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 acceptina the donation of certain
real estate located at 2970 and 2976 Stonebridae Circle in Vinton
from Drew Developers. Inc. and Stonebridae Estates. Inc. (Paul
Mahonev. Countv Attornev)
0-122199-8
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December 21, 1999
751
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Mr. Mahoney advised that there have been no changes but asked the Board
to determine the source of the $2,000 necessary to pay the costs. Mr. Mahoney advised
Supervisor Nickens that $2,000 is an estimate for the environmental audit, title insurance,
recording costs, and delinquent taxes. Supervisor McNamara advised that he was
concerned about the precedent being set by accepting these lots as donations; that the
County has strong planning and zoning ordinances; and he does not have enough
information to support the request. Supervisor Nickens advised that he thought donation
of these properties would help abate flooding in the area for the future. Mr. Mahoney
advised that this action is recommended to avoid future problems and believes that by
acquiring these properties, the benefits are flood mitigation and avoiding someone building
a house that will be flooded in the future. Supervisor Nickens suggested that the
appropriation be made from the County Attorney's legal funds.
Supervisor Nickens moved to adopt the ordinance and appropriate $2,000
from the County Attorney's budget. The motion carried by the following recorded vote:
AYES:
Supervisors Minnix, Harrison, Nickens, Johnson
NAYS:
Supervisor McNamara
ORDINANCE 122199-8 ACCEPTING THE DONATION OF CERTAIN REAL
ESTATE LOCATED AT 2970 AND 2976 STONEBRIDGE CIRCLE IN
VINTON FROM DREW DEVELOPERS, INC. AND STONEBRIDGE
ESTATES, INC. TO ROANOKE COUNTY
BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia,
as follows:
1. That pursuant to the provisions of Section 18.04 of the Charter of
Roanoke County, a first reading on this ordinance was held on December 7,1999; and a
second reading was held on December 21, 1999.
2. That the conveyance of this real estate by donation from Drew
Developers, Inc. and Stonebridge Estates, Inc. to Roanoke County for storm water control
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December 21, 1999
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and flood plain management IS hereDy acceptea. 5ald real estate Is more parllGularly
described as 2970 Stonebridge Circle, Vinton, Virginia, Tax Map No. 61.12-2-4, and being
Lot 4 of Stonebridge Court (Assessed for $18,000) and 2976 Stone bridge Circle, Vinton,
Virginia, Tax Map No. 61.12-2-3, and being Lot 3 of Stonebridge Court (Assessed for
$18,000).
3. That there is hereby appropriated the sum of Two Thousand Dollars
from the County Attorney's budget for the costs of this transaction.
3. That the County Administrator is authorized to execute such
documents and take such actions on behalf of Roanoke County as are necessary to
accomplish the conveyance of said property, all of which shall be upon form approved by
the County Attorney.
On motion of Supervisor Nickens to adopt the ordinance and appropriate
funds from the County Attorney's budget, and carried by the following recorded vote:
AYES: Supervisors Minnix, Harrison, Nickens, Johnson
NAYS: Supervisor McNamara
3. Second readina of ordinance amendina Article !J1. Sewer Use
Standards. of Chapter 18. Roanoke County Code to conform to
Roanoke City ordinance in accordance with the 1994 Sewaae
Treatment Aareement. (Garv Robertson. Utility Director)
0-122199-9
Mr. Robertson advised that there have been no changes since the first
reading. There was no discussion.
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 122199-9 AMENDING ARTICLE III. SEWER USE
STANDARDS OF CHAPTER 18. SEWERS AND SEWAGE DISPOSAL OF
THE ROANOKE COUNTY CODE
BE IT ORDAINED by the Board of Supervisors of Roanoke County as follows:
December 21, 1999
753
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1. That Section 18-174. Penalty for violations be amended to read and
provide as follows:
Sec. 18-174. Penalty for violations.
(a) A person who violates the provisions of this article shall be guilty of a
Class 1 misdemeanor and upon conviction is punishable by a fine of one ti'lotl!and dollars
($1,000) not more than two thousand five hundred dollars ($2.500) per violation per day
and confinement in jail for not more than twelve months, either or both. In the event of a
violation, the control authority shall also have the right to terminate the sewer and water
connection.
ilil Alternativelv or in addition to proceedina under authoritv of sub-section
@l of this section. the County mav provide that administrative civil fines be assessed
against anv person who violates the provisions of this article or anv orders, rules,
regulations, or permits issued hereunder or pursuant to the County's Enforcement
Response Plan. Such administrative civil fines may be in an amount 1!Q to two thousand
five hundred dollars ($2.500) per violation per m the amount to be set Qy the Utility
Director. Each day on which a violation occurs or continues shall be deemed a separate
and distinct violation. The enforcement of such administrative civil fines may be had
through the courts of the Commonwealth of Virainia in addition to anv other legal means
available to the Countv. In addition to the administrative civil fines provided for herein. the
County mav also recover reasonable attorney's fees. court costs. court reporter's fees,
expel! witness fees and other expenses of litiaation Qy an appropriate suit at law aaainst
any such person found to have violated the provisions of this article or any orders. rules.
requlationsj or permits issued hereunder or pursuant to the County's Enforcement
Response Plan.
tot ill Alternately or in addition to proceeding under authority of sub !ðction
W sub-sections @l and/or ilil of this section, the County is entitled to pursue all other
criminal and civil remedies to which it is entitled under authority of state statutes or other
ordinances of the County against a person conducting a prohibited discharge or violating
a pretreatment standard or requirement, including, without limitation, injunctive relief.
fe) @ Any person who knowingly makes any false statements,
representations or certifications in any application, record, report, plan or other document
files required to be maintained pursuant to this ordinance, or wastewater permit, or who
falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method
required under this ordinance shall, upon conviction, be punishable by a fine of $1 ,000 not
more than two thousand five hundred dollars ($2.500\ per violation, per day, or
imprisonment for not more than one year, or both.
(d} W The control authority shall be authorized to implement such
other program and enforcement mechanisms as are consistent with regulatory guidelines
and are deemed appropriate.
2. This ordinance shall be effective from and after its adoption.
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
754
December 21, 1999
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INRE:
APPOINTMENTS
1. School Construction Committee
Supervisor Johnson advised that according to the minutes from the School
Construction Committee meeting on November 9, 1999, a motion was made and approved
to add Supervisor-Elect Joseph B. "Butch" Church as a member. He suggested that this
appointment be added to a Board of Supervisors meeting for approval. Supervisors
Nickens and McNamara advised that appointments to the School Construction Committee
are made by the School Board, and after some discussion, no action was taken.
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IN RE:
CONSENT AGENDA
R-122199-10. R-122199-10.b: R-122199-10.d: R-122199-10.a. R-122199-10.l. R·122199-
10.m. R-122199-10.n. R-122199-10.o. R-122199-10.p. R-122199-10.a. R-122199-r
Supervisor Johnson moved to adopt the Consent Resolution absent Item 10
and after discussion of Item 3. The motion carried by the following recorded vote:
AYES:
Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
NAYS:
None
Supervisor Minnix read the names of the employees receiving resolution of
appreciation upon their retirements in Item 10 and moved to adopt the resolutions. The
motion carried by the following recorded vote:
AYES:
Supervisors Johnson, Minnix, Church, Nickens, McNamara
NAYS:
None
RESOLUTION 122199-10 APPROVING AND CONCURRING IN
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December 21,1999
755
GERl AIN II t;M~ ~t; I I-URTH ON I HI: !:SUARD UF ~UPERVI~UR~
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
December 21, 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 11, inclusive, as follows:
1. Ratification of the at-large member of the Blue Ridge Community
Services Board of Directors.
2. Request for acceptance of Smoke Rise Court, Delmar Lane and a
portion of Cedarmeade Drive into the Virginia Department of
Transportation Secondary System.
3. Donation of a Storage Tank Lot and related access easement shown
on Plat of "Hidden Woods" of Fairway Forest Estates, Section 4, from
FFE Development Corporation.
4. Formal approval of plan documents for the County Flexible Benefits
("Beneflex") Plan.
5. Donation of a 30' public access trail and greenway easement across
a 5.86 acre parcel of land by David G. Suit and Melanie R. Suit.
6. Adjustment to the appropriation of School Phase I budget surplus.
7. Request for acceptance of Carelton Drive, Ripley Street and a portion
of Innsbrooke Drive into the Virginia Department of Transportation
Secondary System.
8. Acceptance of Department of Motor Vehicles mini-grants for the
following:
(a) Child Safety Seats
(b) Upgrading the radar unit in the speed monitoring trailer
(c) Passive Alco-Sensors
9. Donation of a storm drainage easement on property owned by Jean
B. Patterson and Laverne Jack Dempsey and Helen R. Dempsey in
the Vinton Magisterial District.
10. Adoption of resolutions of appreciation upon the retirement of:
(a) Eudora J. Altice, Finance
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December 21,1999
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(c) Debbie L. Hogan, Police
(d) Kenneth L. Hogan, Parks and Recreation
(e) Thomas L. Marshall, Fire and Rescue
(f) Woodrow "Buddy" Swisher, Police
11. Request for support of Salem/Roanoke County Chamber of
Commerce submission of an ISTEA transportation enhancement
program application for the Carriage House in Longwood Park.
2. That the Clerk to the Board is hereby authorized and directed where
required by law to set forth upon any of said items the separate vote tabulation for any such
item pursuant to this resolution.
On motion of Supervisor Johnson to adopt the Consent Resolution without
Item 10, and carried by the following recorded vote:
AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
NAYS: None
On motion of Supervisor Minnix to adopt the Resolutions of Appreciations in
Item 10 and read the names into the record, and carried by the following recorded vote:
AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
NAYS: None
....
RESOLUTION 122199-10.b REQUESTING ACCEPTANCE OF SMOKE
RISE COURT, DELMAR LANE AND A PORTION OF CEDARMEADE
DRIVE INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION
SECONDARY SYSTEM
WHEREAS, the street described on the attached Additions Form SR-5(a),
fully incorporated herein by reference, are shown on plats recorded in the Clerk's Office of
the Circuit Court of Roanoke County, and
WHEREAS, the Resident Engineer for the Virginia Department of
Transportation has advised this Board that the street meet the requirements established
by the Subdivision Street Reauirements of the Virginia Department of Transportation, and
WHEREAS, the County and the Virginia Department of Transportation have
entered into an agreement on March 9, 1999, for comprehensive stormwater detention
which applies to this request for addition,
NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia
Department of Transportation to add the street described on the attached Additions Form
SR-5(A) to the secondary system of state highways, pursuant to §33.1-229, Code of
Virginia, and the Department's Subdivision Street Reauirements. and
BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted
right-of-way, as described, and any necessary easements for cuts, fills and drainage, and
BE IT FURTHER RESOLVED, that a certified copy of this resolution be
forwarded to the Resident Engineer for the Virginia Department of Transportation.
~
December 21, 1999
757
,
R.ecorded VOle
Moved By:
Seconded By:
Yeas:
Nays:
Absent:
SUDervisor Johnson
None Reauired
SUDervisors McNamara. Minnix. Harrison. Nickens. Johnson
None
None
RESOLUTION 122199-10.d APPROVING THE REVISED BENEFLEX
PLAN DOCUMENT FOR ROANOKE COUNTY EFFECTIVE JULY 1,1999
The undersigned Deputy Clerk to the Board of Supervisors of the COUNTY
OF ROANOKE (the Employer) hereby certifies that the following resolutions were duly
adopted by the Employer on December 21, 1999, and that such resolutions have not been
modified or rescinded as of the date hereof:
RESOLVED, thatthe form of amended Cafeteria Plan including a Dependent
Care Assistance Program and Health Care Reimbursement Plan effective 7/1/99,
presented this meeting is hereby approved and adopted and that the duly authorized
agents of the Employer are hereby authorized and directed to execute and deliver to the
Third Party Administrator of the Plan one or more counterparts of the Plan.
RESOLVED, that the Employer shall be instructed to take such actions that
are deemed necessary and proper in order to implement the Plan, and to set up adequate
accounting and administrative procedures to provide benefits under the Plan.
RESOLVED, that the duly authorized agents of the Employer shall act as
soon as possible to notify the employees of the Employer of the adoption of the Cafeteria
Plan by delivering to each employee a copy of the summary description of the Plan in the
form of the Summary Plan Description presented to this meeting, which form is hereby
approved.
The undersigned further certifies that attached hereto as Exhibits A and B,
respectively, are true copies of BENEFLEX - COUNTY OF ROANOKE as amended and
restated and the Summary Plan Description approved and adopted in the foregoing
resolutions.
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
RESOLUTION 122199-1 O.g REQUESTING ACCEPTANCE OF CAREL TON
DRIVES, RIPLEY STREET AND A PORTION OF INNSBROOKE DRIVE
INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION
SECONDARY SYSTEM
WHEREAS, the street described on the attached Additions Form SR-5(a),
fully incorporated herein by reference, are shown on plats recorded in the Clerk's Office of
the Circuit Court of Roanoke County, and
WHEREAS, the Resident Engineer for the Virginia Department of
758
December 21,1999
l'
Iro.F1E~9R3Ugn Jl4E ;j~·:I~W.f:¡J Llllti S~äl~_lIlðlL LlI'=' ';ru...~t ",~~IIL_ ...... ..I.._...r-:"L.. r":,..I.....I.I;,..1......,.1
by the Subdivision Street Reauirements of the Virginia Department of Transportation, and
WHEREAS, the County and the Virginia Department of Transportation have
entered into an agreement on March 9, 1999, for comprehensive stormwater detention
which applies to this request for addition,
NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia
Department of Transportation to add the street described on the attached Additions Form
SR-5(A) to the secondary system of state highways, pursuant to §33.1-229, Code of
Virginia, and the Department's Subdivision Street Reauirements. and
BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted
right-of-way, as described, and any necessary easements for cuts, fills and drainage, and
BE IT FURTHER RESOLVED, that a certified copy of this resolution be
forwarded to the Resident Engineer for the Virginia Department of Transportation.
Recorded Vote
Moved By:
Seconded By:
Yeas:
Nays:
Absent:
"
SUDervisor Johnson
None Reauired
SUDervisors McNamara. Minnix. Harrison. Nickens. Johnson
None
None
~.' ,
RESOLUTION 122199-10.1 EXPRESSING THE APPRECIATION OF THE
BOARD OF SUPERVISORS OF ROANOKE COUNTY UPON THE
RETIREMENT OF EUDORA J. ALTICE, FINANCE DEPARTMENT
~
.,4
WHEREAS, Eudora J. Altice was first employed by Roanoke County as an
Account Clerk II in the Finance Department; and also served as Account Clerk III; and
WHEREAS, Ms. Altice retired on July 1,1999, as a Payroll Supervisor, after
over thirty-five years of services; and during that time helped the payroll system grow from
a manual system to a live real time system; and
WHEREAS, Ms. Altice maintained a positive and cooperative attitude during
these years while moving with the payroll operation to various locations throughout the
County, and provided leadership to employees by her example, and joy to her fellow
employees with her homemade cakes and candy; and
WHEREAS, Ms. Altice was an outstanding and extremely dependable
employee who came to work in all kinds of inclement weather to insure that all County
employees received their paycheck on time and never missed a payroll date.
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of
Roanoke County expresses its deepest appreciation and the appreciation of the citizens
of Roanoke County to EUDORA J. ALTICE for over thirty-five years of capable, loyal and
dedicated service to Roanoke County; and
FURTHER, the Board of Supervisors does express its best wishes for a
happy, restful, and productive retirement.
On motion of Supervisor Minnix to adopt the resolution, and carried by the
following recorded vote:
AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
-
,
December 21, 1999
759
==='
NAYS: None
RESOLUTION 122199-10.m EXPRESSING THE APPRECIATION OF THE
BOARD OF SUPERVISORS OF ROANOKE COUNTY UPON THE
RETIREMENT OF THOMAS R. BROWN, II, POLICE DEPARTMENT
WHEREAS, Thomas R. Brown, II was first employed by Roanoke County as
a Police Officer-Deputy Sheriff on November 16, 1975; and
WHEREAS, Officer Brown also served as Police Officer in the Uniform
Division and retired on July 1, 1999, after over twenty-three years of services; and
WHEREAS, Officer Brown served as an excellent role model for new officers
and was well liked and respected by his peers; and
WHEREAS, Officer Brown could successfully blend "street smart" and "book
smart" to apprehend the "bad guy", and his experience and assistance will truly be missed
by the department; and
WHEREAS, Officer Brown, through his employment with Roanoke County,
has been instrumental in improving the quality of life for its citizens.
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of
Roanoke County expresses its deepest appreciation and the appreciation of the citizens
of Roanoke County to THOMAS R. BROWN, II for over twenty-three years of capable,
loyal and dedicated service to Roanoke County.
FURTHER, the Board of Supervisors does express its best wishes for a
happy, restful, and productive retirement.
On motion of Supervisor Minnix to adopt the resolution, and carried by the
following recorded vote:
AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
NAYS: None
RESOLUTION 122199-10.n EXPRESSING THE APPRECIATION OF THE
BOARD OF SUPERVISORS OF ROANOKE COUNTY UPON THE
RETIREMENT OF DEBBIE L. HOGAN, POLICE DEPARTMENT
WHEREAS, Debbie L. Hogan was first employed by Roanoke County on
September 16, 1978, as a Youth Officer; and also served as a Deputy Sheriff-Youth Officer;
Deputy Sheriff-Sergeant for Youth & Family Services Bureau; and Detective; and
WHEREAS, Officer Hogan retired from Roanoke County as a Police Officer-
Criminal Investigator on November 1, 1999, after over twenty-one years of services; and
WHEREAS, Officer Hogan was always willing to put in the extra hours
needed to get the job done, and was not content until all the "wheels of justice" had finished
turning to complete her case; and
WHEREAS, Officer Hogan, through her employment with Roanoke County,
has been instrumental in improving the quality of life for its citizens.
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of
Roanoke County expresses its deepest appreciation and the appreciation of the citizens
of Roanoke County to DEBBIE L. HOGAN for over twenty·one years of capable, loyal and
760
December 21,1999
9891~älfj9 ~WIUI'''' In ~"~'I"Þ~ .=..,II Ily
FURTHER, the Board of Supervisors does express its best wishes for a
happy, restful, and productive retirement.
On motion of Supervisor Minnix to adopt the resolution, and carried by the
following recorded vote:
AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
NAYS: None
t:..-.:
RESOLUTION 122199-10.0 EXPRESSING THE APPRECIATION OF
THE BOARD OF SUPERVISORS OF ROANOKE COUNTY UPON THE
RETIREMENT OF KENNETH L. HOGAN, PARKS & RECREATION
DEPARTMENT
WHEREAS, Mr. Hogan, through his employment with Roanoke County,
has been instrumental in improving the quality of life for its citizens.
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of
Roanoke County expresses its deepest appreciation and the appreciation of the citizens
of Roanoke County to KENNETH L. HOGAN for over thirty years of capable, loyal and
. dedicated service to Roanoke County.
.". FURTHER, the Board of Supervisors does express its best wishes for a
happy, restful, and productive retirement.
On motion of Supervisor Minnix to adopt the resolution, and carried by the
following recorded vote:
AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
NAYS: None
RESOLUTION 122199-10.p EXPRESSING THE APPRECIATION OF
THE BOARD OF SUPERVISORS OF ROANOKE COUNTY UPON THE
RETIREMENT OF THOMAS L. MARSHALL, FIRE & RESCUE
DEPARTMENT
WHEREAS, Thomas L. Marshall was first employed by Roanoke County
as a Firefighter on December 18, 1972; and
WHEREAS, Mr. Marshall retired on June 1, 1999, after over twenty-six
years of services; and
WHEREAS, Mr. Marshall was an excellent employee who used very little
sick time and always successfully completed any project assigned him; and
WHEREAS, Mr. Marshall served as a volunteer with the Vinton Fire
Department and Vinton Rescue Department during the late 1960's and 1970's and
currently serves as Assistant Chief for the Hardy Volunteer Fire Department; and
WHEREAS, Mr. Marshall, through his employment with Roanoke County,
has been instrumental in improving the quality of life for its citizens.
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of
Roanoke County expresses its deepest appreciation and the appreciation of the citizens
December 21, 1999
761
=
at I {eSR61(Ð c...;el:lAty to I HUMJ\8 L. M/\KiSH/\LL for over w.'ont)' -aÎx YCQFS or GQJ38ÐI8
loyal and dedicated service to Roanoke County.
FURTHER, the Board of Supervisors does express its best wishes for a
happy, restful, and productive retirement.
On motion of Supervisor Minnix to adopt the resolution, and carried by the
following recorded vote:
AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
NAYS: None
RESOLUTION 122199-10.a EXPRESSING THE APPRECIATION OF THE
BOARD OF SUPERVISORS OF ROANOKE COUNTY UPON THE
RETIREMENT OF WOODROW B. "BUDDY" SWISHER, POLICE
DEPARTMENT
WHEREAS, Woodrow B. "Buddy" Swisher was first employed by Roanoke
County as a Deputy Sheriff on November 1, 1970; and
WHEREAS, Sgt. Swisher also served as Deputy Sheriff/Sergeant; Personnel
Training Sergeant; Deputy Sheriff-Services Sergeant; and Police Officer - Sergeant, and
retired on November 1, 1999, after over twenty-eight years of services; and
WHEREAS, Sgt. Swisher was well respected by his co-workers and
supervisors, and his positive attitude and willingness to assist other officers was an
inspiration to all; and
WHEREAS, Sgt. Swisher was always more than willing to coordinate special
events such as recognition cookouts and other social events related to departmental
activities; and
WHEREAS, Sgt. Swisher, through his employment with Roanoke County,
has been instrumental in improving the quality of life for its citizens.
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of
Roanoke County expresses its deepest appreciation and the appreciation of the citizens
of Roanoke County to WOODROW B. "BUDDY" SWISHER for over twenty-eight years of
capable, loyal and dedicated service to Roanoke County.
FURTHER, the Board of Supervisors does express its best wishes for a
happy, restful, and productive retirement.
On motion of Supervisor Minnix to adopt the resolution, and carried by the
following recorded vote:
AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
NAYS: None
RESOLUTION 122199-10.r SUPPORTING THE SUBMISSION OF AN
ISTEA TRANSPORTATION ENHANCEMENT PROGRAM APPLICATION
FOR THE CARRIAGE HOUSE IN LONGWOOD PARK
WHEREAS, in accordance with the Commonwealth Transportation Board
construction allocation procedures, it is necessary that a request by resolution be received
762
December 21, 1999
I.':"l.. {LB local at}. ernment in omerdlat the "lr~lnl" ~ I uo.l. .(T. ~"-I" ..I_I:.... YIUQ .!.
an enhancement project; and.
WHEREAS, the Salem/Roanoke County Chamber of Commerce was
established in 1934 and its mission is to create, develop, promote and support quality
opportunities in the Salem and Roanoke County communities; and
WHEREAS, the Salem/Roanoke County Chamber of Commerce has entered
into an agreement to establish its office in the historic Carriage House in Longwood Park
to provide services to its members and the community.
NOW, THEREFORE, BE IT RESOLVED thatthe County of Roanoke supports
the Chamber in its efforts to create a facility which will allow it to continue to provide
services to the community; and.
BE IT FURTHER RESOLVED that the County of Roanoke requests the
Commonwealth Transportation Board to establish the following project: The Carriage
House in Longwood Park.
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:
REPORTS
Supervisor Johnson moved to receive and file the following reports. The
.~
motion carried by a unanimous voice vote.
1. General Fund Unappropriated Balance
2. Capital Fund Unaporopriated Balance
3. Board Continaencv Fund
4. Future School Capital Reserve
5. Statement of the Treasurer's Accountability per Investments and
Portfolio Policv as of November 30.1999
6. Revenues and Expenses for the five month period ended
November 30.1999
7. Accounts Paid: November 1999
-.,
December 21, 1999
763
,
IN RE:
WORK SESSIONS (4TH FLOOR CONFERENCE ROOM)
1. Work Session on roll-back tax liability on separated or split-off
real estate in the use value real estate assessment proaram.
(Paul Mahoney. County Attorney)
The work session was held from 4:05 p.m. until 5:25 p.m. and was presented
by Paul Mahoney and John Birckhead, Director of the Real Estate Assessment
Department. Supervisor Johnson advised that in August or September, 1999, the Board
approved a change in the County's ordinance to administer differently the roll back tax
liability within the land use plan to bring it into compliance with the interpretation of the
County Attorney, County Administrator and County Assessor. Several citizens disagreed
with this change and requested that the Board review the issue. He advised that he did not
agree with the County's interpretation and had invited the State Department of Taxation to
send a representative to attend the work session to discuss the State's interpretation of the
issue, but no one could attend.
Supervisor Nickens stated that he requested an administrative opinion on
December 20, 1999 and provided copies of the letter dated December 21, 1999 that he
received by fax from H. Keith Mawyer, Property Tax Manager, Office of Customer Service,
State Department of Taxation. There was general discussion concerning this letter, the
State's and County's interpretations, the land use program, and how other localities are
handling this issue.
The following citizens spoke on the issue. Mr. Roger Smith advised that he
sold his land because of health reasons; that he had to pay the roll back taxes; and that the
764
December 21,1999
líiUlY I.d";j~ ". 'III¡" -.,' .,.11'" 'I'~' 1)'.11.1....1. I......:J..... [.:.1", 1 . n.: .....-, ~r........' ...I..:.....J LI.uL 1.:.n~ò6,JiIl9
I==;
to information she received from Legislative Services in Richmond, the State Code was not
changed and any roll back change made by Roanoke County was not mandated by State
law; that land use owners should have been given an opportunity to speak before the
change was made; and that the current interpretation will make it more difficult to maintain
the land use program. She agreed that if the use of the land changes, the transaction
should be subject to roll back taxes.
After further discussion, it was the consensus of the Board to schedule
another work session on January 25,2000. Supervisor McNamara asked that the following
" information be available for the work session: (1) explore Option 3 in Mr. Mahoney's Board
report which is to request an administrative opinion from the Virginia Department of
Taxation or a legal opinion from the Attorney General; (2) determine by deed book, parcel,
and names those who will be affected by the change and to what extent; (3) explain the
reason why the state law is in place; and (4) be prepared to discuss the land use
philosophy.
INRE:
CLOSED MEETING
At 4:05 p.m., Supervisor Johnson moved to go into Closed Meeting pursuant
to the Code of Virginia Section 2.1-344 A (5) discussion concerning prospective businesses
or industries where no previous announcement has been made. The motion carried by the
following recorded vote:
AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
NAYS: None
December 21,1999
765
IN RE:
CERTIFICATION RESOLUTION
R-122199-11
At 7:04 p.m., Supervisor Johnson moved to return to Open Meeting, advised
that the Closed Session was held from 5:30 p.m. until 6;15 p.m. and adopt the Certification
Resolution. The motion carried by the following recorded vote:
AYES:
Supervisors Johnson, Minnix, Church, Nickens, McNamara
NAYS:
None
RESOLUTION 122199-11 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 Harrison to adopt the Certification Resolution; and
carried by the following recorded vote:
AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
NAYS: None
IN RE:
NEW BUSINESS
766
December 21,1999
1.
Reauest for appro·,al of the Park M4!udvr F"'lillI .u. .~.- A_~. ~
"AMP" site in North Roanoke. (Pete Haislip. Parks and
Recreation Director)
R-122199-12
Mr. Haislip advised that in 1983 the School Board declared the property
known as "AMP" to be surplus, and the Board of Supervisors rezoned the property to
create an industrial park. At the time of the rezoning in 1983, the Board of Supervisors
approved retaining eight acres of the AMP site specifically for a park to address future
development in the North Roanoke area. Through a needs accessment and facility
inventory, the Parks & Recreation Department identified the need for an additional park and
soccer fields in the North Roanoke area. Staff studied several locations, and it was
determined that the 8-acre AMP site which is County owned and specifically designated
for recreational purposes would best serve these purposes. Staff held two public meeting
with residents of the North Roanoke area, and although there was overwhelming support
for the proposal, some of the neighbors expressed concerns about traffic, appropriate
buffers, and the lighted soccer fields. Mr. Haislip advised that the Parks & Recreation
Department intends to be a good neighbor, and he reported on how they are addressing
the citizens' concerns.
The following citizens spoke: (1) Georae Pennev. 6618 Meadewood Drive.
advised that his property adjoins the site, and he is concerned about the lighted fields and
that the development being planned is too large for the site. (2) Rod Gentrv. 5691 Hollins
Road. advised that his property is directly across from the access road, and he is
"""
December 21, 1999
767
concerned about the traffic problems and the park closing at 11 p.m. Supervisor Johnson
suggested that the park could close at 10 p.m. instead of 11 p.m.
The following citizens spoke in support of the park and soccer fields: (1) Bill
Scharf. 7944 Alpine Road. President, North Roanoke Recreation Club, and (2) Debbie
Georae. 6717 Oleander Circle, Soccer Coordinator.
Supervisor Nickens suggested that at the appropriate time, consideration
should be given to naming the park for the late May Johnson, who was a member of the
Board of Supervisors when the land was purchased and supported reserving this portion
for non-industrial purposes.
Supervisor Johnson moved to adopt the resolution. The motion carried by
the following recorded vote:
AYES:
Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
NAYS:
None
RESOLUTION 122199-12 DEDICATING EIGHT ACRES OF REAL ESTATE
LOCATED IN THE MOUNTAIN VIEW FARM TECHNOLOGICAL PARK TO
BE USED FOR PUBLIC PARK AND RECREATIONAL USES AND TO
BECOME PART OF THE PARK SYSTEM
WHEREAS, the County of Roanoke owns eight (8) acres of real estate
northwest of State Route 601 (Hollins Road) in the Hollins Magisterial District, being a
portion of a forty (40) acre tract of real estate acquired by the County and developed as the
Mountain View Farm Technological Park; and,
WHEREAS, by Resolution No. 83-47 adopted on March 22,1983 the Board
of Supervisors declared that this real estate is reserved for public use, limited to only
recreational activities, and that this reserved real estate shall not become a part of the
County's system of parks without further specific action by the Board of Supervisors; and,
WHEREAS, on January 12, 1988 the Board amended the protective
covenants for the Mountain View Technological Park to address the use of and access to
this public park, reserving said eight (8) acres for "other public park and recreational uses",
and limiting the public park and recreational activities to "football, soccer, baseball, either
adult or youth, and similar endeavors"; and,
768
December 21, 1999
'I"H~HE¡\& IRe f...,OUnIY Is no·..~: ~Foparo(j to GJevslufJ UII~ It!tðl WälSlI.'ë: 1"1 þJytJlic:
park and recreational uses consistent with its master plan, the protective covenants and
the commitments made to its citizens.
NOW THEREFORE, BE IT RESOLVED by the Board of Supervisors of
Roanoke County, Virginia:
1. That the eight (8) acres of real estate owned by Roanoke County and
located in the Mountain View Technological Park is hereby dedicated to be used for public
park and recreational uses, and to become part of the County's system of parks. The use
of this real estate is limited to public park and recreational activities, football, soccer,
baseball, either adult or youth, and similar endeavors.
2. That this resolution shall be effective from and after the date of its
adoption.
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:
PUBLIC HEARING AND SECOND READING OF ORDINANCES
.'"
Chairman Johnson announced that the following public hearing had been
continued by the Planning Commission to February, 2000.
Second readina of ordinance to obtain ª Special Use Permit to
construct ª reliaious assemblv and dav care facilitv. located at 5188
Stable Road. Cave Sprina Maaisterial District. upon the petition of
Evanael Foursauare Church.
1. Second readina of ordinance to amend conditions on a Planned
Residential Development consistina of 302 acres. located north
and south of the Blue Ridae Parkwav at milepost 125. Cave
Sprina Maaisterial District. upon the petition of Boone. Boone &
Loeb Inc. (Terrv Harrinaton. Countv Planner)
0-122199-13
Mr. Harrington advised that in 1996, the property known as Wilshire was
rezoned from R-1, AG-1 and AR to PRD, Planned Residential Development, and the
~
December 21, 1999
769
petitioners proffered to convey to the Blue Ridge Parkway/National Park Service two
parcels totaling 18.57 acres that were within the viewshed of the Parkway. At this time, the
petitioners are requesting language changes in the 1996 rezoning ordinance for another
organization besides the Blue Ridge Parkway to accept the conveyances. The Western
Virginia Land Trust, upon approval of their Board of Trustees, will accept the donation of
7.09 acres on the north side of the Parkway, and the Land Trust will put a conservation
easement on the property and lease it back for a nominal fee to the Homeowner's
Association of Wilshire. The homeowners will have restricted access to the property and
in return will maintain the property in a state consistent with the Blue Ridge Parkway. It is
the intention of the Land Trust to pay the appropriate real estate taxes on this property.
Supervisor Johnson asked Mr. Mahoney about the ultimate liability for
ownership of the property if the organization that the Blue Ridge Parkway conveys to
should ever cease to exist. Mr. Mahoney advised that in such cases, the Court would
attempt to convey the property by Court order to another qualified organization with a
similar purpose.
Mr. Harrington continued and advised that the second minor change that the
petitioners are requesting is to make the zero lot line language of the Planned Residential
Development consistent with revisions made to the Roanoke County Zoning Ordinance in
April 1999. Specifically, this change, if approved, would remove the following statement
from the PRD: "If zero lot line is used, no window, door or other openings shall be permitted
in the wall of a building that faces the designated zero lot line within five (5) feet of the
property line." This zoning ordinance change was approved in April 1999 to allow the
770
December 21,1999
developer more nexlbllity ill the de:;iYII i:llld fJld"""I""t vi I ,01 lies. II,e f'laFlnlng
Commission recommended approval ofthe petition with the previously proffered conditions
to remain in effect with the exception ofthe changes being requested atthis meeting. There
were no citizens present to speak on this issue.
Supervisor Minnix moved to adopt the ordinance. The motion carried by the
following recorded vote:
AYES:
Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
NAYS:
None
1i
ORDINANCE 122199-13 TO AMEND CONDITIONS ON A PLANNED
RESIDENTIAL DEVELOPMENT ORIGINALLY CONSISTING OF 302
ACRES LOCATED ON COTTON HILL ROAD, NORTH AND SOUTH OF
THE BLUE RIDGE PARKWAY IN THE CAVE SPRING MAGISTERIAL
DISTRICT UPON THE APPLICATION OF BOONE, BOONE & LOEB, INC.
WHEREAS, by Ordinance 032696-9 the zoning classification of a 302-acre
:l tract of real estate located on Cotton Hill Road, north and south of the Blue Ridge Parkway
was changed to PRD, Planned Residential Development District; and
WHEREAS, the owner voluntarily proffered in writing, and the Board
accepted, conditions which were made a part of the rezoning ordinance and were set out
in detail in "A Rezonino Acclication: Plannino and Desion Documents for Wilshire. Countv
of Roanoke. Virainia, ð Planned Residential Develocment (PRD\. Boone. Boone & Loeb.
Inc. Owner & Develocer, dated Sectember 1995. ucdated March 1996."
WHEREAS, Boone, Boone & Loeb, Inc. has now made application to amend
these conditions, said amendments being attached to this ordinance and entitled "Changes
to be made to Wilshire Planned Residential Development" dated November 1, 1999; and
WHEREAS, the first reading of this ordinance was held on November 23,
1999, and the second reading and public hearing were held December 21, 1999; and,
WHEREAS, the Roanoke County Planning Commission held a public hearing
on this matter on December 7,1999; and,
WHEREAS, legal notice and advertisement has been provided as required
by law.
BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia,
as follows:
1. That attached amendments entitled "Changes to be made to Wilshire
Planned Residential Development" dated November 1, 1999 to the Planned Residential
Development known as Wilshire located on Cotton Hill Road, north and south of the Blue
""
December 21, 1999
771
Ridge Parkway, originally consisting of 302 acres (Tax Map Nos. 96.02-1-1, 96.02-1-2,
97.03-2-5, P/O 97.01-2-17, P/O 96.02-1-46, 96.07-1-6) now comprised of tax map
numbered parcels as set out on the attached list entitled "December 21, 1999 - Parcels"
in the Cave Spring Magisterial District, are voluntarily proffered by the Owners, are hereby
accepted by the Board of Supervisors, and are hereby made a part of and incorporated into
Exhibit A - "A Rezonina Aoolication: Planning and Desian Documents for Wilshire. County
of Roanoke. Virginia. A Planned Residential Develooment (PRD). Boone. Boone & Loeb.
Inc. Owner & Develooer. dated Seotember 1995. uodated March 1996."
2. That this action is taken upon the application of Boone, Boone &
Loeb, Inc.
3. That said real estate is more fully described as follows:
Approximately 302 acres, as more particularly described on
pages 2.a. through 2.m. in the above referenced Exhibit A
attached to Ordinance 032696-9 and further described by tax
map numbers set out on an attachment to this ordinance
entitled "December 21, 1999 - Parcels."
4. That this ordinance shall be in full force and effect thirty (30) days after
its final passage. All ordinances or parts of ordinances in conflict with the provisions of this
ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed
to amend the zoning district map to reflect the change in zoning classification authorized
by this ordinance.
On motion of Supervisor Minnix to adopt the ordinance, and carried by the
following recorded vote:
AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
NAYS: None
2. Second readina of ordinance amendina and reenactina Section
10-36 and Section 10-41 of the Roanoke County Code to permit
hypnotists to be taxed as other personal service occupations for
business licenses purposes. (Paul Mahonev. County Attornev)
0-122199-14
Mr. Mahoney advised that this is the second reading and public hearing to
amend the Business and Professional Occupational Licensing (BPOL) section of the
County Code. Initially, hypnotists were classified along with fortune-tellers, palm readers,
772
December 21,1999
ä:;llUluyh>l:; älld ddil VUYdlll" fLU bu"ill"''''' li"",""",6 vvith a minimum 8RflU81 IICCfl3C sf
$1,000. After several hypnotists who are alternative medical practitioners contacted
Supervisor Minnix, he asked the Commissioner of Revenue and Mr. Mahoney to review this
matter. Mr. Mahoney advised that hypnotists do not qualify for classification as a
professional service since this occupation is not currently listed in the Department of
Taxation's BPOL guidelines. Staff is recommending classifying hypnotists under the
personal and business service occupations category, and he advised that there have been
no changes since the first reading of the ordinance. He asked that the ordinance be made
effective January 1, 2000 since the BPOL license is by calendar year. There were no
.. citizens present to speak on this item.
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 122199-14 AMENDING AND REENACTING SEC. 10-36.
PERSONAL AND BUSINESS SERVICE OCCUPATIONS AND SEC. 10-41.
FORTUNE-TELLERS. ASTROLOGISTS. ETC. OF THE ROANOKE
COUNTY CODE TO PERMIT HYPNOTISTS TO BE TAXED AS OTHER
PERSONAL SERVICE OCCUPATIONS FOR BUSINESS LICENSE
PURPOSES
WHEREAS, hypnosis is now recognized as a legitimate form of alternative
medicine and a technique used for personal counseling and therapy practiced by
approximately 13,400 hypnotists in the United States; and
WHEREAS, currently hypnotists are classified with fortune-tellers,
astrologists, palmists and other pseudo-scientific practitioners for purposes of business
license taxation under the Roanoke County business license ordinance; and
WHEREAS, the first reading of this ordinance was held on December 7, 1999,
and the second reading and public hearing was held on December 21, 1999.
-
December 21, 1999
773
as follows:
BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia
1. That Section 10-36. Personal and Business Service Occupations of
Chapter 10, Licenses, of the Roanoke County Code be amended and re-enacted as
follows:
Sec. 10-36. Personal and business service occupations.
(a) The annual license tax imposed hereunder for personal or business
services, and all other businesses and occupations not specifically listed or excepted in this
chapter of the Roanoke County Code or the Code of Virginia, shall be in the amount of
thirty-six cents ($0.36) per one hundred dollars ($100.00) of gross receipts from the
occupation during the preceding calendar year. Every person whose gross receipts in the
preceding calendar year shall be less than five thousand dollars ($5,000.00) from any
personal or business service shall pay the license fee of fifty dollars ($50.00) imposed in
§ 1 0-3(a) of this chapter upon commencement of the business and initial application for a
license and shall thereafter be exempt from the payment of a license fee or tax, provided
that such person continues to qualify for this exemption and otherwise complies with the
requirements of this chapter.
(b) Personal services shall mean rendering for compensation any personal,
business or other services not specifically classified as financial, real estate, professional,
or repair services, under this chapter, or rendered in any other business or occupation not
specifically classified in this chapter unless exempted from local license tax by Title 58.1
of the Code of Virginia.
(c) Those rendering a personal or business service include, but are not limited
to, the following:
Addressing letters or envelopes
Advertising agencies
Airports
Ambulance services
Amusements and recreation services (all types)
Animal hospitals, grooming services, kennels or stables
Artists
Auctioneers and common criers
Automobile driving schools
Barber shops, beauty parlors, and hairdressing establishments, schools and
services
Bid or building reporting service
Billiard or pool establishments or parlors
Blacksmith or wheelwright
Boat landings
Booking agents or concert managers
Bottle exchanges
Bowling alleys
Business research and consulting services
Cemeteries
774
December 21,1999
Chö,lt;¡rt;¡d dub~
Child care attendants or schools
Child or adult home care registry
Cleaning chimneys and/or furnaces
Clinical laboratory
Coin machine operator
Collection agents or agencies
Commercial photography, art and graphics
Commercial sports
Computerized information retrieval service
Dance band
Dance halls, studios and schools
Data processing, computer and systems development services
Developing or enlarging photographs
Detective agency and protective services
Domestic service registry
Drafting services
Electrolysis or scalp treatment
Engraving
Erecting, installing, removing or storing awnings
Escort service
Extermination services
Freight traffic bureaus
Fumigating or disinfecting
Funeral services and crematories
Golf courses, driving ranges and miniature golf courses
Hauling of sand, gravel or dirt
Hospitals, profit and nonprofit
Hotels, motels, tourist courts, boarding and rooming houses and trailer parks
and campsites
House cleaning services
Hypnotists
Information bureaus
Instructors, tutors, schools and studios of music, ceramics, art, sewing,
sports and the like
Interior decorating
Janitorial services
Labor service
Laundry cleaning and garment services including laundries, dry cleaners,
linen supply, diaper service, coin-operated laundries and carpet and
upholstery cleaning
Limousine service
Mailing, messenger and correspondent services
""
December 21,1999
775
-
Massage therapists
Massage technicians
Movie theaters and drive-in theaters
Musician
Nickel plating, chromizing and electroplating
Nurses and physician registries
Nursing and personal care facilities including nursing homes, convalescent
homes, homes for the retarded, old-age homes and resthomes
Packing, crating, shipping, hauling or moving goods or chattels for others
Parcel delivery services
Parking lots, public garages and valet parking
Pawnbrokers
Personal services, labor agents and employment bureaus
Photographers and photographic services
Photocopying
Physical fitness establishment
Physicians registry
Piano tuning
Picture framing and gilding
Porter services
Press clipping services
Private investigation
Promotional agents or agencies
Public relations services
Realty multiple listing services
Renting or leasing any items of tangible personal property
Reproduction services
Secretarial services
Septic tank cleaning
Shoe repair, shoe shine and hat repair shops
Sign painting
Statistical service
Storage--all types
Swimming pool, other than nonprofit or cooperative
Swimming pool maintenance and management
Tabulation services
Tanning salons
Tax preparers (other than professionals listed in section 10-34)
Taxicab companies
Taxidermist
Telephone answering services
Theaters
Theatrical performers, bands and orchestras
776
December 21, 1999
f·=
Towing :;t:fV!l;t::;
Transportation services including buses and taxis
Travel bureaus
Tree surgeons, trimmers and removal services
Trucking companies, intrastate and interstate (unless a certified motor
vehicle carrier operating in the Commonwealth of Virginia and filing
such annual report as required by section 58.1-2654 of the Code of
Virginia)
Turkish, Roman or other like baths or parlors
Undertaker, embalmer
Vehicle title service
Wake-up services
Washing, cleaning or polishing automobiles
Writers
Other personal or business service occupations.
2. That Section 10-41. Fortune-tellers, astrologists, etc., of Chapter 10,
Licenses, of the Roanoke County Code be amended and re-enacted as follows:
Sec. 10-41. Fortune·tellers, astrologists, etc.
(a) Every person engaged in business as a fortune-teller, clairvoyant,
phrenologist, spirit medium, astrologist, hypnotist, palmist, or handwriting analyst, for which
compensation is received, shall pay for the privilege an annual license tax of one thousand
dollars ($1,000.00), which license shall not be transferred or prorated.
(b) Any person who engages in the activities of subsection (a) without
obtaining a license shall be guilty of a Class 3 misdemeanor.
3. That this ordinance shall be in full force and effect from and after January 1,
2000.
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
IN RE:
CITIZENS' COMMENTS AND COMMUNICATIONS
Chairman Johnson provided copies to the Board members of a resolution
given to him by Mr. Mullen and advised that Mr. Mullen had requested to speak to the
Board.
~
December 21,1999
777
=¡
1. Peter Mullen. 1725 Millbridae Road. Salem. on behalf of the
Covered in Prayer Committee, asked that the Board adopt the resolution calling for
increased safety and well being of those who travel and work along Interstate 81 during the
1999 Holiday season and throughout 2000.
INRE:
NEW BUSINESS
1. Resolution callina for increased driver safetv. responsibility and
awareness amona communities alona Virainia Interstate ~
durina 1999 holidav season and throuah 2000
R-122199-15
Chairman Johnson asked if there were any objections to adding this item to
the agenda. There being no objections, Supervisor Harrison moved to adopt the resolution.
The motion carried by the following recorded vote:
AYES:
Supervisors McNamara. Minnix, Harrison, Nickens, Johnson
NAYS:
None
RESOLUTION 122199-15 CALLING FOR INCREASED DRIVER SAFETY,
RESPONSIBILITY AND AWARENESS AMONG COMMUNITIES ALONG
VIRGINIA INTERSTATE 81 DURING THE 1999 HOLIDAY DRIVING
SEASON AND THROUGHOUT 2000.
WHEREAS, according to VDOT, Virginia Interstate 81 is a vital economic and
social lifeline for the communities of western Virginia, covering: 325 miles with 90
interchanges; serving 29 colleges; 48 historical districts; and uniting 60% of the state's
population, and;
WHEREAS, a common danger is posed to the citizens of western Virginia
since, according to VDOT, traffic on 1-81 has doubled in the last 10 years, ranging from
30,000 to 60,000 vehicles per day with trucks making up 20 to 40 percent of the traffic mix,
and;
778
December 21,1999
','VIILI {LAÛ, eacl'I "oll('la)' seaSOIi, tr~fflC 13 c31'JCeially t1eavy seeûl:Jse cn tne
number of families and students who travel Virginia 1-8 1, and;
WHEREAS, necessary future expansion and improvements to 1-81 will cause
increased hazards and disruption, and;
WHEREAS, each community along Virginia 1-81 has a vested interest in
promoting driver safety.
THEREFORE, BE IT RESOLVED by the Roanoke County Board of
Supervisors that:
(1) The County of Roanoke will join other municipalities in a call for
increased driver safety, responsibility and awareness during the 1999
holiday season and throughout 2000.
(2) The County Clerk is authorized to invite other Virginia 1-81 counties
to join in this resolution.
(3) Given the joint nature of this resolution and the need for increased
awareness, each participating locality is invited to participate in a joint
public announcement of its resolution at a date in the future to be
announced.
On motion of Supervisor Harrison to adopt the resolution, and carried by the
following recorded vote:
AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
NAYS: None
,=c.
IN RE:
REPORTS AND INQUIRIES OF BOARD MEMBERS
Supervisor McNamara: (1) He thanked the Windsor Hills residents and
Roanoke County residents for their support, and wished everyone a safe and joyous
season. He advised that he approved of the resolution for safety on 1-81 but did not want
any County funds expended to notify other localities.
Supervisor Minnix: (1) He wished the Roanoke County residents "Happy
Holidays." (2) He advised that a new business has opened, Gary Hite, Design Surfacing,
and welcomed him into the County.
Supervisor Harrison: (1) He advised the citizens that the work being done
at Green Hill Park will result in a paved parking area, two soccer fields and the pavilion
being moved across the road. (2) He advised Arnold Covey that R&L Truckers already
December 21, 1999
779
=1
höve equipment öfld are using the facility with a temporary permit. rle urged staff to get
the road improvements at the intersection of Daugherty and Route 460 completed. (3) He
advised that he received a petition from North Beverly Heights citizens requesting
soundproofing their property from the interstate similar to what is in place in Christiansburg
and Southgate in Salem.
Supervisor Nickens: (1) He advised that Supervisor Harrison has been a
very compatible office mate and expressed appreciation for his efforts in making
contributions to all of Roanoke County. (2) He asked for status at a later time of park
access funding for development of the road in and out of Vinyard Park. (3) He advised that
County has asked a judge to deal with the violations by the Rising Star Sports Camp and
that he would be willing to be part of any hearings if appropriate. (4) He advised that he
expressed concern to Mr. Hodge and the Board members about paying a consultant's fee
for the Board Retreat in January and at first declined to participate. He has reconsidered
but still thinks it is an inappropriate use of tax dollars, and it is not necessary to use a
consultant to set priorities. (5) He asked that Mr. Hodge get the staff to oil the right
entrance door to the Board meeting room so that someone could enter without the door
squeaking.
Supervisor Johnson: (1) He advised that this is the last meeting of the
century; that it has been 162 continuous years of County Service; and that the investiture
was recently held. He expressed appreciation to Mr. Hodge, staff and the Board members
for an exemplary job during hard times. He advised that the County is Y2K ready. He
wished everyone "Happy Holidays."
780
December 21,1999
IN RE:
ADJOURNMENT
I
At 8:00 p.m., Chairman Johnson adjourned the meeting to the organizational
meeting on Monday, January 3, 2000, at 9:00 a.m.
Submitted by,
Approved by,
'~
~"
Chairman
./
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Brenda J. Ho on, CMC
Clerk to the Board