2/10/1998 - Regular
February 10, 1998
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Roanoke County Administration Center
5204 Bernard Drive
Roanoke, Virginia 24018
February 10, 1998
The Board of Supervisors of Roanoke County, Virginia, met this day at the
Roanoke County Administration Center, this being the second Tuesday, and the first
regularly scheduled meeting of the month of February, 1998.
N RE: CALL TO ORDER
Chairman Johnson called the meeting to order at 3:00 p.m. The roll call was
taken.
MEMBERS PRESENT: Chairman Bob L. Johnson, Vice Chairman Harry C. Nickens
(Arrived 3:05 p.m.), Supervisors Fenton F. "Spike" Harrison,
Joseph McNamara, H. Odell "Fuzzy" Minnix
MEMBERS ABSENT: None
STAFF PRESENT: Elmer C. Hodge, County Administrator; Paul M. Mahoney,
County Attorney; Mary H. Allen, Clerk to the Board; John M.
Chambliss, Assistant County Administrator; Don C. Myers,
Assistant County Administrator; Anne Marie Green, Director,
Community Relations
IN RE:
OPENING CEREMONIES
The invocation was given by Reverend James Ellis, Interim Minister, Colonial
Avenue Baptist Church. The Pledge of Allegiance was recited by all present.
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February 10, 1998
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INRE:
PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND AWARDS
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.1.. Resolution of COnl;lratulations to the Glenvar High School Girls
Basketball Team for winninQ the Group A State Championship.
R-021 098-1
Supervisor Harrison presented the resolution to Coach Brian Harvey and
members of the Team.
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 021098-1 OF CONGRATULATIONS TO GLENVAR HIGH
SCHOOL GIRLS BASKETBALL TEAM FOR WINNING GROUP A STATE
BASKETBALL CHAMPIONSHIP
WHEREAS, team sports are an important part of the curriculum at schools
in Roanoke County, teaching cooperation, sportsmanship and athletic skill; and
WHEREAS, the Glenvar High School Girls Basketball Team won the Three
Rivers District championship and won its first ever Group A State basketball championship
this year, beating Northwood 60-49; and
WHEREAS, Katrina Williams and Erika Hale were both named to the Three
Rivers District All-District Team, and All-Region C Team; and Ms. Williams was the
Associated Press Group A State Player of the Year; and Ms. Hale was Associated Press
Group A Second Team All-State; and
WHEREAS, this was Coach Bryan Harvey's first season as head coach for
the Highlanders; and he was named Region C Coach of the Year, and Group A Coach of
the Year by the Coaches Team and by the Associated Press.
NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of
Roanoke County, Virginia, does hereby extend its sincere congratulations to the members
of the Glenvar High School Girls Basketball Team: Meredith Shouse, Sarah Peterson,
Kelly Shreeve, Shannon Paxton, Katie Jones, Chrissy, Lewis, Elizabeth Wilburn, Leigh
Crawford, Erin Sotherden, Safah Melton, Katrina Williams, Liz Webb, Mandy Williams,
Bonnie Willet, Erika Hale, and Head Coach Bryan Harvey and Assistant Coaches, Richie
Waggoner, Randy Hale and Tim Williams, for their athletic ability, their team spirit, and
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their commitment to each other; and
BE IT FURTHER RESOLVED, that the Board of Supervisors extends its best
wishes to the team, the coaches, and the school in theif future endeavors.
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
IN RE:
NEW BUSINESS
.1.. Request to adopt a ioint resolution for the expansion of the
Roanoke Detention Center to become the Roanoke Valley
Juvenile Detention Commission. (John Chambliss. Assistant
County Administrator)
R-021 098-2
Mr. Chambliss advised that the City of Salem and the Counties of Roanoke
and Franklin jointly developed a needs assessment for a juvenile detention facility. During
negotiations with the Department of Juvenile Justice, it was suggested that a joint
resolution be adopted by the participating localities noting their intention to enter into an
agreement to renovate, expand or use the Roanoke Detention Center for its own juvenile
detention needs. Mr. Chambliss reported that Salem adopted the resolution on February
9, and Franklin County and the City of Roanoke will consider the resolution on February
17. He further reported that legislation has been introduced in the General Assembly to
authorize the fOfmation of a commission for the purpose of funding and/or operating the
faci lity.
In response to a question from Supervisor Minnix, Mr. Chambliss explained
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that the proposed 81 bed facility should meet the needs of the localities for ten years.
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 021098-2 APPROVING A JOINT RESOLUTION FOR THE
EXPANSION OF THE ROANOKE DETENTION CENTER TO BECOME THE
ROANOKE VALLEY JUVENILE DETENTION COMMISSION
WHEREAS, four jurisdictions in the Twenty-Third and Twenty-Second
Judicial Districts, specifically the City of Roanoke, the City of Salem, and the Counties of
Roanoke and Franklin, the "Participating Jurisdictions," have determined that the need for
an expanded and renovated secure juvenile detention facility exists in those jurisdictions;
and
WHEREAS, the need for the expansion of the Roanoke Juvenile Detention
Home was further identified in the Roanoke City Needs Assessment, approved by the
Board of Juvenile Justice in April of 1996, and the Needs Assessment of the Counties of
Roanoke and Franklin and the City of Salem, approved by the Board in November of 1997;
and
WHEREAS, the Participating Jurisdictions are in the process of forming the
Roanoke Valley Juvenile Detention Commission (the "Commission"), and are planning to
renovate and expand the present Roanoke Juvenile Detention Home to a capacity of 81
beds; and
WHEREAS, the Participating Jurisdictions are anticipating that the Juvenile
Detention Center will be fully operational on or before June 30, 2000; and
WHEREAS, the Participating Jurisdictions afe requesting reimbursement for
one half of the eligible construction costs of the Juvenile Detention Center from the
Commonwealth of Virginia and will submit to the Board of Juvenile Justice for approval the
revised Program Design and Planning Study required by the Board for such purpose.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF
SUPERVISORS OF THE COUNTY OF ROANOKE:
1. That the County intends to become a member of the Commission as
provided by the Code of Virginia and subject to specific language, intends to enter into an
agreement to renovate, expand and use the Juvenile Detention Center for its secure
juvenile detention needs.
2. That the County, along with the remaining Participating Jurisdictions,
requests the Commonwealth of Virginia, subject to applicable regulations and other laws,
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to reimburse the Commission for one half of the eligible construction costs of the Juvenile
Detention Center.
3. That the County requests the Board of Juvenile Justice to approve the
fevised Program Design and Planning Study which will be submitted to the Board as a
prerequisite to receiving approval for such reimbursement.
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
2... Request to receive and appropriate Section 18 monies from the
Departrnent of Rail and Public Tfansportation fOf use by
CORTRAN. (John Chambliss. Assistant County Administrator)
A-021 098-3
Mr. Chambliss reported that the County has applied for and received
$13,778 from the Virginia Department of Rail and Public Transportation for the CORTRAN
program to be used to assist in providing public transportation to the rural areas of the
County. This is the same funding source that was used for the Red Line pfogram that was
discontinued last year.
In response to questions, Mr. Chambliss explained that these funds would
increase the CORTRAN budget to $83,000; and that there are currently about 600 to 650
passengers using CORTRAN.
Supervisor Nickens requested information during the budget process on
overall transportation costs including comparisons to the Red Line and Valley Metro and
costs per trip.
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February 10, 1998
Supervisor Minnix moved to receive and appropriate the funds. The motion
carried by the following recorded vote:
AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
NAYS: None
3. Resolution of support for a recreational access arant to the
Virginia Department of Transportation and Virginia DeDartment
of Parks. Recreation. and Conservation for the construction of an
access for the new South County district park. (Pete Haislip.
Parks and Recreation Director!
R-021 098-4
Mr. Haislip reported that the Parks and Recreation Department has
proceeded with the development of the new South County park. Part of the process is
securing Recreational Access Funds from the state to construct the access road. Staff
is requesting that the Board adopt a resolution of support for the project. The resolution
provides direction to the Department of Conservation and Recreation to designate this
park as a public recreation area and to recommend to the Commonwealth Transportation
Board that the project be funded. Mr. Haislip also updated the Board members on the park
project.
Supervisor Minnix moved to adopt the resolution. The motion carried by the
following recorded vote:
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AYES:
Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
NAYS:
None
RESOLUTION 021098-4 REQUESTING THE DIRECTOR OF THE
VIRGINIA DEPARTMENT OF CONSERVATION AND RECREATION TO
DESIGNATE THE SOUTHWEST DISTRICT PARK AS A PUBLIC
RECREATION AREA AND TO RECOMMEND TO THE COMMONWEALTH
TRANSPORTATION BOARD THAT RECREATIONAL ACCESS FUNDS BE
APPROVED FOR THIS PROJECT.
WHEREAS, the Southwest District Park is to be developed by the Roanoke
County Department of Parks and Recreation as a recreational facility serving the residents
of Roanoke County; and
WHEREAS, the facility is in need of adequate access; and
WHEREAS, the procedure governing the allocation of recreational access
funds as set forth in Section 33.1-223 of the Code of Virginia requires joint action by the
Director of the Department of Conservation and Recreation and the Commonwealth
Transportation Board; and
WHEREAS, a statement of policy agreed upon between the said Director and
Board approves the use of such funds for the construction of access roads to publicly-
owned recreational areas; and
WHEREAS, it appears to the Board that all requirements have been met to
permit the Director of the Department of Conservation and Recreation to designate
Southwest District Park as a public recreational facility and further permit the
Commonwealth Transportation Board to provide funds for access to this public recreation
area in accordance with Section 33.1-223 of the Code of Virginia; and
WHEREAS, the right of way of the proposed access road is provided by the
County of Roanoke at no cost to the Recreational Access Fund; and
WHEREAS, the Board acknowledges that, pursuant to the provisions of
Section 33.1-223 of the Code of Virginia, this road shall be designated a 'Virginia Byway"
and recommends the Commonwealth Transportation Board, in cooperation with the
Director of the Department of Conservation and Recreation, take appropriate action to
implement this designation. Further, the Board agrees, in keeping with the intent of
Section 33.1-63 of the Code of Virc;¡inia, to use its good offices to feasonably protect the
aesthetic or cultural value of this road.
NOW, THEREFORE BE IT RESOLVED, that the Board of Supervisors of the
County of Roanoke hereby requests the Director of the Department of Conservation and
Recreation to designate the Southwest District Pafk as a public recreational area and to
recommend to the Commonwealth Transportation Board that recreational access funds be
allocated for an access road to serve said park; and
BE IT FURTHER RESOLVED, that the Commonwealth Transportation Board
is hereby requested to allocate the necessary recreational access funds to provide a
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suitable access road as hereinbefore described.
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
INRE:
FIRST READING OF ORDINANCES
.1.. First reading of ordinance rescindina Ordinance 011398-9
authorizing acquisition of certain real estate located on State
Route 779 (Catawba) from the Commonwealth of Virginia. (Elmer
Hodge. County Administrator)
Mr. Hodge advised that on January 13, 1998, an ordinance was adopted
authorizing the County to purchase property known as Catawba Farm from Virginia Tech.
The County's goal was to protect the natural beauty of the farm and preserve its
agricultural use. The proceeds from the sale were to go to Virginia Tech. Subsequent to
the adoption of the ordinance, Virginia Tech found a company interested in purchasing the
farm for agricultural purposes and Roanoke County no longer needs to be involved in the
project. This ordinance will rescind the action taken on January 13 and reappropriate
$110,000 back to the General Fund.
Supervisor Harrison moved to approve the first reading and set the second
reading for February 24, 1998. The motion carried by the following recorded vote:
AYES:
Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
NAYS:
None
February 10, 1998
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Chairman Johnson will write lettefs of appreciation to Virginia Tech and afea
legislators thanking them for their assistance on this project.
2. Fifst reading of ordinance amendino Ordinance 121697-8
providing for the construction of and financing for a local Dublic
works improvement proiect - Richland Hills Drive Water Pfoiect.
(Garv Robertson. Utility Director)
Mr. Robertson advised that several yeafs ago the County entered into an
agreement with Roanoke College to extend water service to the Roanoke College
Investment Corporation along Wildwood Road. Since that time residents in the Richland
Hills Drive subdivision have also petitioned the County for water service. The Richland
Hills Drive Water Project was approved by the Board at the December 16, 1997 meeting.
The cost per participant was established af $4,500, and each property owner would make
a $1,500 down payment with the County financing the remainder. Since that time, three
property owners who wished to participate have encountered financial difficulty and
requested that the County finance the entire $4,500 over ten years at 8% interest.
Following discussion, Supervisor Harrison moved to approve the first reading
and set the second reading for February 24, 1998. The motion carried by the following
recorded vote:
AYES:
Supervisors McNamafa, Minnix, Harrison, Nickens, Johnson
NAYS:
None
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-ª.. First reading of ordinance amending the Roanoke County Code
by enacting Section 12-54.1 Regulation of Parking for Persons
with Disabilities and amending and reenactina Section 12-51
Penalties for Parkina Violations. Section 12-54. ParkinQ
Prohibited in Specified Places. and Section 12-59. Presumption
in Pfosecutions for Parking Violations. (Joseph Obenshain. Sr.
Assistant County Attorney)
Mr. Obenshain reported that the General Assembly passed new enabling
legislation for the regulation of designated parking spaces for individuals with disabilities.
The new legislation increases the maximum fines which may be imposed for various
violations for these parking spaces to $500. The new section in the County Code
establishes a fine of $1 00 for violation of these provisions which is consistent with the fine
recently established by the City of Roanoke. The ordinance also empowers the Police
Department to use volunteers to enforce this ordinance only.
Supervisor McNamara questioned the use of volunteers to enforce the
ordinance. Mr. Obenshain responded that this applies only to handicapped parking
spaces. Supervisors McNamara moved to delete that portion of the ordinance but
withdrew his motion so that Supervisor Nickens could discuss the issue with the County's
Senior and Challenged Citizens Committee.
Supervisor Minnix moved to approve the first reading and set the second
feading for February 24, 1998. The motion carried by the following recorded vote:
AYES:
Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
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NAYS: None
~ First reading of ordinance accepting the donation of
approximately three acres of real estate from the Commonwealth
of Virginia. by its Department of Mental Health and Mental
Retardation to Roanoke County. located north and west of the
Catawba Fire Station off Virginia Secondary Route 698. (Paul
Mahoney. County Attomev!
Mr. Mahoney advised that this ordinance authorizes the acceptance of a
donation of 3 acres from the Department of Mental Health and Mental Retardation to be
added to the Catawba Fire Station which will provide for future expansions of the fire
station and provide a lease site for a proposed cellular communications tower. According
to old records, Catawba Hospital promised to convey the three acres to the County for fire
station expansion. Mr. Mahoney explained that they still do not have the deed in hand but
have been assured by the state that it is being circulated in Richmond for signatures.
Supervisor Hafrison moved to approve the first reading and set the second
reading for February 24, 1998. The motion carried by the following recorded vote:
AYES: Supervisors Eddy, Harrison, Minnix, Nickens, Johnson
NAYS: None
IN RE:
APPOINTMENTS
1. Library Board and Social Service Advisory Board
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Supervisor McNamara announced that he will have nominees for the Library
Board and Social Services Advisory Board by the next meeting.
INRE:
CONSENT AGENDA
R-021098-5: R-021098-5.a: R-021098-5.c
Supervisor Minnix moved to adopt the Consent Resolution after discussion
of Item 4. The motion carried by the following recorded vote:
AYES:
Supervisors McNamara, Minnix, Hafrison, Nickens, Johnson
NAYS:
None
RESOLUTION 021098-5 APPROVING AND CONCURRING IN CERTAIN
ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA
FOR THIS DATE DESIGNATED AS ITEM I, CONSENT AGENDA
BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia,
as follows:
1. That the certain section of the agenda of the Board of Supervisors for
February 10, 1998 designated as Item I - Consent Agenda be, and hereby is, approved
and concurred in as to each item sepafately set forth in said section designated Items 1
through 4, inclusive, as follows:
1. Approval of minutes - October 28, 1997, November 18, 1997,
December 2, 1997, December 16, 1997, January 5, 1998, January
10,11, 1998.
2. Resolution of support for legislation proposed by the Laden County
Board of Supervisors to provide for state assistance in funding of
school construction and renovation projects.
3. Acceptance of sanitary sewer facilities serving Lilies of the Gafdens
Off-Site Sewer.
4. Resolution repealing certain actions of the Board of Supervisors and
providing for the creation of a Policy Manual.
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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 Minnix to adopt the Consent Resolution, and carried
by the following recorded vote:
AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
NAYS: None
RESOLUTION 021098-5.a SUPPORTING LADEN COUNTY'S PROPOSAL
THAT THE COMMONWEALTH OF VIRGINIA PROVIDE ASSISTANCE
FOR SCHOOL CONSTRUCTION AND RENOVATION PROJECTS.
WHEREAS, Roanoke County has embarked upon a program of school
construction and renovation projects totaling $120 million, and
WHEREAS, by Resolution 011098-1, the Roanoke County Boafd of
Supervisors adopted a legislative program fequesting that the General Assembly increase
the funds available to the Literary Fund for local school capital construction or renovation
projects and increase funding based upon the locality's local effort in support of these
capital projects, and
WHEREAS, the Laden County Board of Supervisors has endorsed a
proposal that would provide for a 50% state reimbursement to localities for school
construction and renovation, and
WHEREAS, the proposal provides for the Commonwealth to reimburse
localities for one-half of the capital costs of a school construction, enlargement, or
renovation project based on State standards, and
WHEREAS, site acquisition, site development, furnishing, fixtures, and
facilities exceeding the state standards would not be included in the reimbursement
formula.
NOW, THEREFORE BE IT RESOLVED that the Board of Supervisors of
Roanoke County, Virginia supports the Laden County Board of Supervisors in its efforts
to establish a program that would pfovide for a percentage State reimbursement to
localities for school construction and fenovation projects.
FURTHER, the Board of Supervisors of Roanoke County directs that copies
of this resolution be forwarded to the membefs of the General Assembly representing the
Roanoke Valley and to the Laden County Board of Supervisors.
On motion of Supervisof Minnix to adopt the resolution, and carried by the
following recorded vote:
AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
NAYS: None
RESOLUTION 021098-5.c RESCINDING CERTAIN POLICIES
PREVIOUSLY ADOPTED BY THE BOARD OF SUPERVISORS WITHIN
THE DEPARTMENT OF ENGINEERING AND INSPECTIONS, AND TO
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PROVIDE FOR A POLICY MANUAL TO GUIDE THE ADMINISTRATION
OF COUNTY GOVERNMENT
WHEREAS, the Board of Supervisors of Roanoke County hereby establishes
a Policy Manual to provide an organized, systematic approach to the handling of routine
matters by this government organization, and a dependable source of refefence for all
County departments and the Board; and,
WHEREAS, this Policy Manual is based upon actions taken and measures
adopted by the various boafds of supervisors of Roanoke County over the past 20 years;
and,
WHEREAS, in reviewing these actions of the boards of supervisors of
Roanoke County over the past 20 years, certain actions should be repealed, rescinded,
modified or amended; and,
WHEREAS, this Resolution addresses those actions pertaining to the
Department of Engineering and Inspections.
NOW THEREFORE, BE IT RESOLVED, by the Board of Supervisors of
Roanoke County, Virginia, as follows:
1. That there is hereby established a Policy Manual for Roanoke County
government.
2. That Resolution 82-213 (adopted November 22, 1983), Resolution 85-
7 (adopted January 8, 1985), and Action Item A-9-23-86-198 which established certain
building permit fees are hereby repealed. These fees are currently found in Section 7-71
of the County Code.
3. That Resolution 84-29a (adopted February 14, 1984) which
established certain fees for erosion and sediment control programs is hereby repealed.
These fees are currently found in Section 8-7 of the Roanoke County Code.
4. That Resolution 1727 (adopted Mafch 8, 1977) which established a
street improvement policy is hereby fepealed. The elements of this policy are currently
reflected in several other County and Commonwealth (VDOT) programs.
5. That this Resolution shall take effect immediately upon its adoption.
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
INRE:
REQUESTS FOR WORK SESSIONS
Supervisor Minnix requested a work session on an update of the Sanitary
Sewer Evaluation/Rehabilitation (SSER) Program. Supervisor Harrison asked about a
work session on the American Electric Power line with Mr. Janasko. Mr. Hodge advised
February 10, 1998
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that this work session will be held on Febfuary 24, 1998.
IN RE: REQUESTS FOR PUBLIC HEARINGS
.1.. Reauest for Public Hearings on Februarv 24. 1998 to (a) set the
real estate. machinery and tools. and personal proDerty tax rates:
(b) Effective tax rate increase due to reassessments: and (c)
public comment on the upcoming FY 1998-1999 budget. (Brent
Robertson. Budget Manaaer!
Supervisor Nickens moved to set the public hearings for February 24, 1998.
The motion carried by the following recorded vote:
AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
NAYS: None
IN RE:
REPORTS AND INQUIRIES OF BOARD MEMBERS
Supervisor McNamara: (1) He asked for a report on possible disaster
programs that could aid the residents of Bent Mountain who experienced damage from the
recent storms. Chief Rick Burch, Fire & Rescue, advised that there were no programs
available except for private or volunteer assistance because the area was not declared a
disaster area by the state or federal government.
Supervisor Minnix: (1) He expressed concern regafding the proposed rate
increases by Cox Cable and noted that there had been three increases in the past several
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years. He suggested inviting staff from Cox Cable to a meeting to explain the increases.
Supervisor Nickens responded that the Cable TV Committee is concerned also but the
Board and the Committee need to express their concerns to the FCC, not Cox Cable.
Supervisor Harrison: (1) He thanked Chief Burch for his update on the
storm damage. He asked that information on how the SSER program helped residents
be included in the upcoming work session.
Supervisor Johnson: (1) He announced that the General Assembly is in
session at this time and that the Board opposed elimination of the car tax because it will
affect local government's ability to provide services. (3) He noted that a Consent Agenda
item from Loudoun County requested support for funding assistance from the state for
school construction projects, and that he felt that the state should be helping to fund
school construction costs.
IN RE:
REPORTS
Supervisor Minnix moved to receive and file the following reports after
discussion of Item 4. The motion carried by a unanimous voice vote.
.1.. General Fund Unappropriated Balance
2. Capital Fund UnaDDfopriated Balance
~ Board Contingency Fund
4. Report on Regional Community Relations Conference to be held
on May 28. 29. 1998.
February 10, 1998
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IN RE:
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WORK SESSION
.1.. Budget Work Session
a. Revenue proiections
b. Mid-year expenditures
c. CapitallmDrovement Proaram summary
The work session was held from 4:20 p.m. until 4:50 p.m.
Budget Manager Brent Robertson reported on the first six months
expenditures of the County operating units, revenue projections for fiscal year 1997-1998
and 1998-99, and a general summary. He explained that the revenue projections have
been reviewed by a Revenue Team consisting of the County Administrator, Assistant
County Administrators, Commissioner of Revenue, Treasurer and staff from the Budget
Office, Finance, Economic Development and Utilities.
Supervisor Johnson requested figures on the 1996 actual budget and 1998
projected budget for the County Garage. Supervisor Nickens asked for a report on the
number of residents who met with the feal estate assessors to discuss their real estate
taxes.
It was the consensus of the Board to separate out the personal property
revenue categories of vehicle taxes and machinery and tools taxes.
Supervisor Nickens asked for consideration of a drop-off box being located
at the Division of Motor Vehicles to pay taxes and bills.
IN RE:
TOUR OF NEW PROJECTS IN EAST ROANOKE COUNTY
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Following the work session, the Board of Supervisors toured new projects in
East Roanoke County, including the Roanoke River Parkway, new facilities at Explore Park
and the McDonald Farm.
IN RE:
EXECUTIVE SESSION
Supervisor Johnson added probable litigation, stormwater detention, and
subdivision entrance. Supervisor Nickens added economic development project (Lowe's)
and gainsharing agreement with the Town of Vinton.
Supervisor Johnson moved to go into Executive Session following the work
session and tour pursuant to the Code of Virginia Section 2.1-344 A (7) consultation with
legal counsel and briefings by staff pertaining to probable litigation, i.e. condemnation
proceedings; (a) stormwater detention; (b) subdivision entrance; (c) economic
development project (Lowe's) and (d) gainsharing agreement with the town of Vinton. The
motion carried by the following recorded vote:
AYES:
Supervisors Eddy, Harrison, Minnix, Nickens, Johnson
NAYS:
None
INRE:
CERTIFICATION OF EXECUTIVE SESSION
R-021 098-6
At 7:00 p.m., Supervisor Johnson moved to return to open·session, that the
executive session was held from 6:45 p.m. to 7:00 p.m., and that only economic
development, Lowe's project and gainsharing with the Town of Vinton were discussed.
The motion carried by the following recorded vote:
February 10, 1998
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AYES:
Supervisors Eddy, Harrison, Minnix, Nickens, Johnson
NAYS:
None
RESOLUTION 021098-6 CERTIFYING EXECUTIVE MEETING WAS HELD
IN CONFORMITY WITH THE CODE OF VIRGINIA
WHEREAS, the Boafd of Supervisors of Roanoke County, Virginia has
convened an executive meeting on this date pursuant to an affifmative 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 requifes a certification
by the Board of Supervisors of Roanoke County, Virginia, that such executive meeting was
conducted in conformity with Virginia law.
NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of
Roanoke County, Virginia, hereby certifies that, to the best of each members knowledge:
1. Only public business matters lawfully exempted from open meeting
requirements by Virginia law were discussed in the executive meeting which this
certification resolution applies, and
2. Only such public business matters as were identified in the motion
convening the executive meeting were heard, discussed or considered by the Board of
Supervisors of Roanoke County, Virginia.
On motion of Supervisor Johnson to adopt the Certification Resolution, and
carried by the following recorded vote:
AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
NAYS: None
INRE:
PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND AWARDS
.1.. Resolution of Appreciation upon the retirement of David L. Miller.
Sheriff's Office.
R-021 098-7
Chairman Johnson presented the resolution to David Miller.
..
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Supervisor Nickens moved to adopt the resolution. The motion carried by
the following recofded vote:
AYES:
Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
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February 10, 1998
NAYS:
None
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RESOLUTION 021098-7 EXPRESSING THE APPRECIATION OF THE
BOARD OF SUPERVISORS OF ROANOKE COUNTY UPON THE
RETIREMENT OF DAVID L. MILLER, SHERIFF'S OFFICE
WHEREAS, David L. Miller was first employed on July 15, 1972 as a Deputy
Sheriff; and
WHEREAS, David L. Miller has served as a deputy in the Traffic Division,
Detective Division and Sheriffs Office, Court Services Division; and
WHEREAS, David L Miller, through his employment with Roanoke County,
has been instrumental in improving the quality of life for its citizens; and
WHEREAS, the Board of Supervisors is informed and aware of David L.
Miller's activities and dedication to the worldwide Christian Motorcyclists Association, and
that he plans to continue to serve this organization in his retirement years for the
advancement of the cause of Christianity worldwide.
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 DAVID L. MILLER for over twenty-five 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 Nickens to adopt the resolution, and carried by the
following recorded vote:
AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
NAYS: None
IN RE:
PUBLIC HEARING
.1.. Public hearinQ and adoption of resolution to abandon Dublic
streets of Virainia Secondary Routes. a portion of Route 862
(Vallev Avenue). Route 876 (Meadow View Road). Route 877
(Pinkard Avenue) and Route 878 (Booker Road). Pinkard Court
Subdivision in the Cave Spring Magisterial District. (Arnold
Covey. Engineering and Inspections Director)
R-021 098-8
February 10, 1998
95
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Mr. Covey reported that on November 18, 1997, staff submitted a report to
the Board requesting authorization to give notice to the Commonwealth Transportation
Board to proceed with the abandonment of the streets in the Pinkafd Court Subdivision.
After receiving approval, Mr. Covey notified the Department of Transportation of the
County's intention to abandon the streets and received a fesponse that the Department
had no objection to the abandonment
Mr. Covey explained that this action does not require a public hearing but
staff decided to advertise a public hearing to give ample opportunity for citizen input. If the
Board approves the resolution, it will be forwarded to the Commonwealth Transportation
Board on February 16, and the process will be completed 30 days earlier than originally
planned.
There were no citizens to speak, and Supervisof Minnix moved to adopt the
resolution. The motion carfied by the following recorded vote:
AYES:
Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
NAYS:
None
RESOLUTION 021098-8 TO ABANDON PUBLIC STREETS OF VIRGINIA
SECONDARY ROUTES, A PORTION OF ROUTE 862 (VALLEY AVENUE),
ROUTE 876 (MEADOW VIEW ROAD), ROUTE 877 (PINKARD AVENUE)
AND ROUTE 878 (BOOKER ROAD), PINKARD COURT SUBDIVISION IN
THE CAVE SPRING MAGISTERIAL DISTRICT
WHEREAS, a public notice was posted as prescribed under §33.1-151, Code
of Virginia, announcing a public hearing to receive comments concerning abandoning the
sections of roads described below ffom the secondary system of state highways, and
WHEREAS, the Commissioner of the Virginia Department of Transportation
was provided the prescribed notice of this Board's intent to abandon the subject sections
of roads, and
WHEREAS, after considefing all evidence available, this Board is satisfied
96
February 10, 1998
mat no public necessity exists fb, the cullIII IUé:II'= 01 II Ie "ed,u" 01 ~e'AJI "Jè1' y "uut", ~tj:l
from 0.03 miles west of Route 876 to 0.17 miles west of Route 876, a distance of 0.14
miles, Secondary Route 876 from Route 862 to 0.10 miles south of Route 862, a distance
of 0.10 miles, Secondary Route 877 from Route 876 to 0.14 miles west of Route 876, a
distance of 0.14 miles, and Secondary Route 878 from Route 862 to 0.10 miles south of
Route 862, a distance of 0.10 miles, and hereby deem these sections of roads no longer
necessary as a part of the Secondary System of State Highways.
NOW, THEREFORE, BE IT RESOLVED, this Board abandons the above
described sections of roads and removes it from the secondary system of state highways,
pursuant to §33.1-151, Code of Virginia.
BE IT FURTHER RESOLVED, that a certified copy of this resolution be
forwarded to the Resident Engineer of the Virginia Department of Transportation.
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Recorded Vote
Moved By:
Seconded By:
Yeas:
Nays:
Supervisor Minnix
None Required
SUDervisors McNamara. Minnix. Harrison Nickens. Johnson
None
INRE:
PUBLIC HEARING AND SECOND READING OF ORDINANCES
.1.. Second reading of ordinance to vacate as Dublic riahts-of-wav a
portion of Valley Avenue. Pinkard Avenue. Meadow View Road.
Booker Road and Summit Avenue and all allevs recorded in Plat
Book 1. Paae 363. Pinkard Court Subdivision in the Cave Spring
Magisterial District. (Arnold Covev. Engineerina & Inspections
Director)
0-021098-9
Mr. Covey advised that the residents of Pinkard Court Subdivision are
requesting that the Board vacate as public rights-of-way a portion of Valley Avenue,
Pinkard Avenue, Meadow View Road, Booker Road and Summit Avenue and all alleys.
County staff is recommending that the Board adopt the ordinance to vacate the rights-of-
February 10, 1998
97
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ways and alleys with the condition that the vacation does not become effective until the
new public fight-of-way plat from Franklin Road to Washington Avenue is approved, and
the appropriate guarantee is provided for VDOT acceptance.
Supervisor Minnix moved to adopt the ordinance. The motion carried by the
following recorded vote:
AYES:
Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
NAYS:
None
ORDINANCE 021098-9 VACATING AND CLOSING AS PUBLIC RIGHTS-
OF-WAY A PORTION OF VALLEY AVENUE, ALL OF PINKARD AVENUE,
MEADOW VIEW ROAD, BOOKER ROAD, AND SUMMIT AVENUE, AND
ALL ALLEYS IN PINKARD COURT SUBDMSION SHOWN IN PLAT BOOK
1, PAGE 363.
WHEREAS, the Petitionefs, residents and Interstate Development, L.L.C.,
optionee on the properties, in Pinkard Court Subdivision as shown on the "Map of Pinkard
Court" of record in the Clerk's Office of the Circuit Court of Roanoke County in Plat Book
1, Page 363, have proposed the sale and acquisition of the lots in said subdivision for
development of a Lowe's fetail business in the County of Roanoke; and,
WHEREAS, the Petitioners have requested that the Boafd of Supervisors of
Roanoke County, Virginia, vacate and close as public rights-of-way a portion of Valley
Avenue, all of Pinkard Avenue, Meadow View Road, Booker Road and Summit Avenue,
and all alleys, in Pinkard Court Subdivision, said roads, streets and alleys having been
created and shown on the "Map of Pinkard Court" recorded in Plat Book 1, Page 363; and,
WHEREAS, §15.2-2272.2 of the Code of Virginia (1950, as amended)
requires that such action be accomplished by the adoption of an ordinance by the
governing body; and,
WHEREAS, notice has been given as required by §15.2-2204 of the Code
of Virginia (1950, as amended), and the first reading of this ordinance was held on January
27, 1998; the public hearing and second reading of this ofdinance was held on February
10,1998.
NOW THEREFORE, BE IT ORDAINED by the Board of Supervisors of
Roanoke County, Virginia, as follows:
1. That the public rights-of-way, situate in the Cave Spring Magisterial
District of Roanoke County, shown and cross-hatched on Exhibit A attached hereto, and
referenced as a portion of Valley Avenue (Route 862), from .03 miles west from its
98
February 10, 1998
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Intersection wltn Meadow view Road (Ruuh:: olð), tv it" IIILC:Iõ:lt:'vLIUII WltI. VVc:ll~111119l011 t=
Avenue, all of Pinkard Avenue (Route 877), Meadow View Road (Route 876), Booker
Road (Route 878) and Summit Avenue, and all alleys, created on plat entitled "Map of
Pinkard Court", recorded in the aforesaid Clerk's Office in Plat Book 1, Page 363, be, and
hereby are, vacated and closed pursuant to Section 15.2-2272 of the Code of Virginia
(1950, as amended), subject to the following conditions:
a. That fee simple title to all of the lots in Pinkard Court Subdivision as
shown on Plat Book 1, Page 363 (except Lots 1, 2, and 3 in Block 1
which are not affected by this action), to a parcel of land currently
owned by Rowena P. Jernigan (Deed Book 1288, Page 803)
designated on the Roanoke County Land Records as Tax Map No.
87.08-3-1, and to a parcel of land consisting of 21.686 acres, mOfe or
less, and being a portion of a tract of land currently owned by
Craighead Real Estate (Deed Book 1388, Page 1311; Will Book 44,
Page 1447) designated on the Roanoke County Land Records as Tax
Map No. 77.20-1-42 and a portion of Tax Map No. 77.20-1-43, shall
be acquired by Interstate Development, LLC., or its assignee
(Lowe's Companies, Inc.), in one common ownership and all of said
lots or parcels shall be added and combined into one tract or parcel
of land, with other parcels added if necessary Of desifed, within four
months from the date of adoption of this ordinance.
b. That fee simple title to said roads, streets and alleys shall vest in the
owner(s) of the abutting properties within the subdivision as provided
in §15.2-2274 of the Code of Virginia (1950, as amended), subject to
the condition that the vacated areas of land shall be added and
combined, by deed or by plat, to said abutting pfoperty, in compliance
with the Roanoke County Subdivision and Zoning Ordinances, and
other applicable laws and regulations.
c. That a new public right-of-way from Franklin Road (Route 220) and
extending to Washington Avenue be dedicated and the appropriate
guarantee be provided to the County of Roanoke for the construction
of the new road to the standards required by the Virginia Department
of Transportation (VDOT) and for VDOT acceptance of the new road
into the state secondary road system.
d. That abandonment of those portions of Valley Avenue (Route 862),
Pinkard Avenue (Route 877), Meadow View Road (Route 876), and
Booker Road (Route 878) which are part of the secondary system of
state highways be approved by separate procedure and action in
accordance with §33.1-151 of the Code of Virginia (1950, as
amended).
February 10, 1998
99
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e.
I hat all costs ana expenses assoclateo herewltn, Including but not
limited to publication, survey and recordation costs, shall be the
responsibility of Interstate Development, L.L.C., or its assignee
(Lowe's Companies, Inc.); and,
2. That the County Administrator, an Assistant County Administrator, or
any County Subdivision Agent is hereby authorized to execute such documents and take
such actions as may be necessary to accomplish the provisions of this ordinance, all of
which shall be on form approved by the County Attorney.
3. That this ofdinance shall be effective on and from the date of its adoption,
and a certified copy of this ofdinance shall be recorded in the Clerk's Office of the Circuit
Court of Roanoke County, Virginia, in accofdance with §15.2-2272.2 of the Code of
Virginia (1950, as amended).
On motion of Supervisor Minnix to adopt the ordinance, and carried by the
following recorded vote:
AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
NAYS: None
IN RE:
POSTPONED PUBLIC HEARINGS ROM JANUARY 27,1998
.1.. Second Readina of ordinance to obtain a Special Use Permit to
allow a private kennel. located at 4601 Goodman Road. Vinton
Maaisterial District. upon the petition of Golden Oaks Kennels.
(Arnold Covey. Enaineering & Inspections Director) (TABLED
UNTIL JANUARY 27.1998 AND POSTPONED TO FEBRUARY 10.
1998)
0-021098-10
Mr. Covey reported that this is a request to allow an eight dog private kennel.
The Planning Commission recommended appfoval of this request with five conditions on
Decembef 2, 1997. The Board held a public hearing on December 16 and continued the
100
February 10, 1998
I
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request until January 27 to allow for further consideration of the request. On January 27,
the issue was continued to February 10 because of weather conditions.
Supervisor Nickens advised that he supported this request but would like to
modify the first condition limiting the number of dogs to five after the death or disposition
of any in excess of five. He also suggested another condition that no dog will be allowed
out of the kennel unless under the control and supervision of a responsible person.
Supervisor Nickens moved to adopt the ordinance modifying Condition #1
and adding Condition #f3. The motion carried by the following recorded vote:
AYES:
Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
NAYS:
None
ORDINANCE 021098-10 GRANTING A SPECIAL USE PERMIT TO
GOLDEN OAKS KENNELS TO ALLOW A PRIVATE KENNEL AT 4601
GOODMAN ROAD (TAX MAP NO. 89.01-4-9), VINTON MAGISTERIAL
DISTRICT
WHEREAS, Golden Oaks Kennels has filed a petition to allow a private
kennel located at 4601 Goodman Road (Tax Map No. 89.01-4-9) in the Vinton Magisterial
Distfict; and
WHEREAS, the Planning Commission held a public hearing on this matter
on December 2, 1997; and
WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a
first reading on this matter on November 18, 1997; the second reading and public hearing
on this matter was held on December 16, 1997, and continued to January 27,1998, and
continued to February 10,1998.
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
Golden Oaks Kennels to allow a private kennel located at 4601 Goodman Road (Tax Map
No. 89.01-4-9) in the Vinton Magistefial District is substantially in accord with the adopted
1985 Comprehensive Plan pursuant to the provisions of § 15.1-456 of the 1950 Code of
Vifginia, as amended, and said Special Use Permit is hereby approved with the following
conditions:
February 10, 1998
101
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(1) The number of dogs allowed shall be limited to five; however, the
applicant is permitted to kennel the eight dogs currently on the
property. Upon the death or disposition of any dog in excess of
the five dogs permitted, the owner shall not be allowed to replace
said dogs.
(2) The Special Use Permit is restricted to Raymond and Patricia
Harris only and shall not be transferable to any other property
owner.
(3) A kennel silencer shall be installed.
(4) No signage advertising animals for sale shall be permitted.
(5) Staff shall make an administrative review of the special use permit
for compliance with the ordinance after twelve months.
(6) No dog from the kennel will be allowed out of the kennel unless
under the control and supervision of the owner or an agent of the
owner.
2. That this ordinance shall be in full force and effect thirty (30) days
after its final passage. All ordinances or parts of ordinances in conflict with the provisions
of this ordinance be, and the same hereby are, repealed. The Zoning Administrator is
directed to amend the zoning district map to reflect the change in zoning classification
authorized by this ordinance.
On motion of Supervisor Nickens to adopt the ordinance modifying Condition
#1 and adding Condition #6, and carried by the following recorded vote:
AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
NAYS: None
2. Second readina of ordinance to amend and reenact Section 10-3
Article 1 of Chapter 10 "Licenses" of the Roanoke County Code
in order to conform with a state code amendment to eliminate
chargina a license fee to certain businesses subiect to a license
tax. (Brent Robertson. Budget Manaaer)
102
February 10, 1998
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0-021098-11
Mr. Robertson explained that the 1997 General Assembly amended the code
to permit localities to assess and collect license taxes which will pfohibit Roanoke County
from imposing a licensing fee on a business and assessing a gross receipts tax on the
same business whose gross receipts are greater than $100,000. The amendment is
effective July 1, 1998 and will not affect the 1998 BPOL tax year. The projected revenue
loss from this amendment totals approximately $75,000.
Supervisor Minnix asked for information on the cost to increase the
exemption to pay business license taxes from $3,000 to $5,000. Mr. Robertson responded
that the current exemption only includes three categories, but if the exemption included all
professions, the revenue loss would be over $15,000.
Supervisor Johnson moved to adopt the ordinance. Supervisor Minnix
moved to amend the ordinance increasing the exemptions for all categories from $3,000
to $5,000, but withdrew his motion to amend after County Attorney Paul Mahoney
recommended drafting another ordinance and holding another public hearing because the
amendment deals with a different code section. Staff was directed to bring back an
ordinance increasing the exemption in three categories from $3,000 to $5,000.
Supervisor Johnson's motion to adopt the ordinance was carried by the
following recorded vote:
AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
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February 10,1998
100
NAYS: None
ORDINANCE 021098-11 TO AMEND AND REENACT SECTION 10-3,
ARTICLE I OF CHAPTER 10 "LICENSES" OF THE ROANOKE COUNTY
CODE IN ORDER TO CONFORM WITH A STATE CODE AMENDMENT TO
ELIMINATE CHARGING A LICENSE FEE TO CERTAIN BUSINESSES
SUBJECT TO A LICENSE TAX
WHEREAS, pursuant to the authority of Chaptef 37 (Section 58.1-3700, et
§§g.) of the Code of Virginia, 1950, as amended, the County of Roanoke, Virginia, imposes
a business, professional, and occupational license (BPOL) tax through the adoption of an
ordinance codified in Chapter 10 Licenses of the Roanoke County Code; and,
WHEREAS, said state enabling legislation was substantially amended by the
1996 session of the Virginia General Assembly and the Board of Supervisors of Roanoke
County adopted an ordinance in June of 1996, to be effective on January 1, 1997,
amending the Roanoke County Code to address and confOfm with the state code
provisions, including imposition of a $50 fee for issuance of a business license; and,
WHEREAS, §58.1-3703 of the Code of Virginia was amended by the 1997
session of the General Assembly to provide that the license taxes authorized therein shall
not be assessed and collected on any amount of gross receipts of each business upon
which a license fee is charged, which amendment is to be effective July 1, 1998; and,
WHEREAS, said amendment necessitates a revision to §10-3 of the County
Code, to be effective July 1, 1998; and,
WHEREAS, the Board of Supervisors finds that, for businesses with gross
receipts of $100,000 or mOfe and therefore subject to the BPOL tax, the tax should
properly be assessed on the ''whole, entire, total receipts, without deduction", as gross
receipts is defined in the state and County code, and that in accordance with the
amendment to §58.1-3703, such businesses shall not be charged the $50 license fee
under §1 0-3(a)(1); and,
WHEREAS, legal notice of this amendment has been published in a
newspaper of general cifculation within Roanoke County on January 13, 1998, and
January 20, 1998; and,
WHEREAS, the first reading of this ofdinance was held on January 13, 1998,
and the second reading and public hearing on this ordinance was held on February 10,
1998.
NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of
Roanoke County, Virginia, as follows:
·
uw
February 10, 1998
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1. That §1 0-3 of Article I, Chaptef 10, LICENSES of the Roanoke County
Code be amended and reenacted as follows:
Sec. 10-3. Levying of license fees and taxes.
(a) Subject to the limitations provided in § 58.1-3703.C. of the Code of
Virginia (1950, as amended), and except as otherwise specifically provided for in this
chapter of the Roanoke County Code, there are hereby imposed and levied for each and
every year, beginning with January 1 of each year and ending December 31 following, and
there shall be collected the following license fees and taxes upon the privilege of doing
business or exercising a profession, trade, occupation Of calling, including all phases
thereof, in the County, which license fees and taxes shall be for the support of the County
government, payment of the County debt, and for other County and public purposes:
(1) There is hereby imposed and there shall be collected an annual
license fee in the amount of fifty dollars ($50.00) for issuance of a
license on businesses, trades, professions, occupations and callings
and upon the persons, firms and corporations engaged therein within
ri¡f~~¥;~Y\~'~·~I:~;¡llt'.;I.li
t$.j:Qi.jœ~iwg.._ÕJml!.Q.Çi!@gt·lti¡¡¡_11fí
1__\I_'~~i._·ll{ltBjYi§~~¡.~_
(2) There is hereby levied and thefe shall be collected the annual license
taxes at the rates and in the amounts hereinafter set forth in this
chapter upon any person, firm, or corporation engaged in a business,
trade, profession, occupation or calling subject to licensure in the
County. Except as may be otherwise authorized by specific or special
provisions of Chapter 37 (§ 58.1-3700 et seq.) of the Code of Virginia,
1950, as amended, and this chapter of the Roanoke County Code,
the annual license taxes shall not be imposed upon any person
whose gross receipts from a business, pfofession, trade, occupation
or calling are less than one hundred thousand dollars ($100,000.00)
during the preceding calendar year.
(b) Where the license tax imposed in this chapter is measured by volume,
the volume on which the tax may be computed shall be the volume attributable to all
definite places of business of the business, profession, trade, occupation or calling in the
County. All volume attributable to any definite places of business of the business,
profession, trade, occupation or calling in any other locality shall be deductible from the
base in computing any local license tax measured by volume imposed upon the licensee
in the County. 'Volume," as used in this section, means gross receipts, sales, purchases,
or other base for measuring a license tax which is related to the amount of business done.
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:",hrmIrV 10,1998
1Ø5
2. That this ordinance shall be effective on and from July 1, 1998.
On motion of SUperviSOf Johnson to adopt the ordinance, and carried by the
following recorded vote:
AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
NAYS: None
3. Second reading of ordinance to vacate a five-foot portion of a
sanitarv sewer and drainaQe easement located on Lot 8A and
shown on the subdivision Dlat of Nottinaham Park as recorded
in Plat Book 20. Page 77. and located in Windsor Hills Maaisterial
District. (Arnold Covey. Director of EnÇlineerina and Inspections)
0-021098-12
Mr. Covey advised there were no changes since the first reading. There was
no discussion and no citizens to speak on this ordinance.
Supervisor McNamara moved to adopt the ordinance. The motion carried
by the following recofded vote:
AYES:
Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
NAYS:
None
ORDINANCE 021098-12 AUTHORIZING THE VACATION OF A 5 FOOT
PORTION OF A SANITARY SEWER AND DRAINAGE EASEMENT
LOCATED ON LOT 8, NOmNGHAM PARK, PLAT BOOK 17, PAGE 124,
(ALSO KNOWN AS LOT 8A, NOTTINGHAM PARK, PLAT BOOK 20,
PAGE 77) IN THE WINDSOR HILLS MAGISTERIAL DISTRICT
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February 10, 1998
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WHEREAS, by subdivision plat entitled "SURVEY OF NOTTINGHAM PARK",
recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Plat Book
17, page 124, Triangle Developers, Inc. dedicated certain public easements, including a
30' sanitary sewer and drainage easement along the property line of Lots 7 and 8; and,
WHEREAS, by resubdivision plat entitled "RESUBDIVISION PLAT FOR
TRIANGLE DEVELOPERS, INC.", recorded in the aforesaid Clerk's Office in Plat Book 20,
page 77, the property lines were adjusted and the northern half of the subject easement
is now located on the lot designated as Lot 8A, Nottingham Park; and,
WHEREAS, the petitioner, Tfiangle Developers, Inc., is the owner of Lot 8A
(formerly Lot 8), Nottingham Park; and,
WHEREAS, a recent survey of said property reflects that a new residential
dwelling located thereon encroaches upon the north side of the existing 30' sanitary sewer
and drainage easement; and,
WHEREAS, by deed of easement dated October 6, 1997, the Petitioner
granted an additional 5' sanitary sewer and drainage easement along the south side of the
existing 30' sanitary sewer and drainage easement on Lot 7, Nottingham Pafk, resulting
in a 35' easement and said easement was accepted by the Roanoke County Board of
Supervisors on December 2, 1997; and,
WHEREAS, the petitioner has requested that the 5' portion of the sanitary
sewer and drainage easement on the north side of the existing 35' sanitary sewer and
drainage easement be vacated by the Board of Supervisors of Roanoke County, Virginia,
pursuant to Section 15.2-2272.2 of the Code of Virginia (1950, as amended), which
requires that such action be accomplished by the adoption of an ordinance by the
governing body; and,
WHEREAS, notice has been given as required by Section 15.2-2204 of the
Code of Virginia (1950, as amended), and a first reading of this ordinance was held on
January 13, 1998; the public hearing and second reading of this ordinance was held on
February 10, 1998.
THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That the northerly 5' portion of the existing sanitary sewer and drainage
easement along the southern property line of Lot 8 (now Lot 8A), Nottingham Park, in the
Windsor Hills Magisterial District of the County of Roanoke, Virginia, as shown on the
subdivision plat entitled "SURVEY OF NOTTINGHAM PARK", recorded in the aforesaid
Clerk's Office in Plat Book 17, page 124, also being on Lot 8A, Nottingham Park as shown
on the resubdivision plat of record in Plat Book 20, page 77, and further shown as "5 FT.
D.E. & S.S.E. TO BE VACATED" on the Exhibit attached hereto, be, and hereby is,
vacated pursuant to Section 15.2-2272 of the Code of Virginia (1950, as amended); and,
2. That, as a condition to the adoption of this ordinance, all costs and
expenses associated herewith, including but not limited to publication, survey and
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February 10, 1~98
1M
recordation costs, shall be the responsibility of the petitioner, Triangle Developers, Inc.,
or their successors Of assigns; and,
3. That this ordinance shall be effective on and from the date of its
adoption, and a certified copy of this ordinance shall be fecorded in the Clerk's Office of
the Circuit Court of Roanoke County, Virginia, in accordance with Section 15.2-2272.2 of
the Code of Virginia (1950, as amended).
On motion of Supervisor McNamara to adopt the ordinance, and carried by
the following recorded vote:
AYES: Supervisors McNamara, Minnix, Harfison, Nickens, Johnson
NAYS: None
4. Second readina of ordinance to vacate a 20-foot drainage
easement recorded in Plat Book 16. Page 128. and located on Lot
1. a portion of the right of way for Cater Grove Lane. and Lot 23.
Section 2, Plantation Grove as recorded in Plat Book 19. Paae
175. located in Hollins Magisterial District. (Arnold Covey.
Director of Engineerina and Inspections)
0-021098-13
Mr. Covey advised thefe were no changes since the first reading. There was
no discussion and no citizens to speak on this ofdinance.
Supervisor Johnson moved to adopt the ordinance. The motion carried by
the following recorded vote:
AYES:
NAYS:
Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
None
tU
FAhrllary 10, 1998
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ORDINANCE 021098-13 AUTHORIZING THE VACATION OF A PORTION
OF A 20-FOOT DRAINAGE EASEMENT SHOWN ON THE REMAINING
PROPERTY OF THE A. D. STRUBLER HEIRS, RECORDED IN PLAT
BOOK 16, PAGE 128, AND FURTHER SHOWN ON LOTS 1 AND 23,
SECTION 2, PLANTATION GROVE, AND ALONG A PORTION OF THE
RIGHT OF WAY FOR CARTER GROVE LANE IN PLAT BOOK 19, PAGE
175, IN THE HOLLINS MAGISTERIAL DISTRICT
WHEREAS, by subdivision plat entitled "Survey for Plantation Grove", dated
September 14, 1993, and recorded in the Clerk's Office of the Circuit Court of Roanoke
County, Virginia, in Plat Book 16, page 128, the A. D. Strubler heirs dedicated certain
public easements, including a 20-foot drainage easement located on their remaining
property; and,
WHEREAS, upon subdivision of the remaining property, a portion of said 20-
foot drainage easement was located on Lots 1 and 23, Section 2, Plantation Grove, and
across a portion of Carter Grove Lane, as shown in Plat Book 19, page 175; and,
WHEREAS, the drainage plan for the Plantation Grove Subdivision has been
altered from its original design, and the easement previously cfeated is unnecessary; and,
WHEREAS, the petitioners, Michael L and Crystal L. LaBrie, and DVW,
Incorporated, are the current owners of Lot 1 (Tax Map No. 40.13-5-2) and Lot 23 (Tax
Map No. 40.13-5-9), respectively; and,
WHEREAS, the petitioners have requested that a portion of the 20-foot
drainage easement be vacated by the Board of Supervisors of Roanoke County, Virginia,
pursuant to Section 15.2-2272.2 of the Code of Virginia (1950, as amended), which
requires that such action be accomplished by the adoption of an ordinance by the
governing body; and,
WHEREAS, notice has been given as required by Section 15.2-2204 of the
Code of Virginia (1950, as amended), and a first reading of this ordinance was held on
January 13, 1998; the public hearing and second reading of this ordinance was held on
February 10,1998.
THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That a portion of the "EXIST. 20' D.E. (P.B. 16 PG. 128)", being twenty
feet (20') in width, located along Lots 1 and 23, and Cartef Grove Lane, Section 2,
Plantation Gfove, in the Hollins Magisterial District of the County of Roanoke, Virginia, as
shown on the subdivision plat entitled "Survey for Plantation Grove, Section 2", dated
February 4, 1997, and recorded in the aforesaid Clerk's Office in Plat Book 19, page 175,
and having been dedicated and shown as "20' D.E." on the remaining property of the A.
D. Strubler Heirs on plat entitled "Survey for Plantation Gfove" recorded as aforesaid in
Plat Book 16, page 128, and being specifically shown as "Easement to be vacated" on the
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February 10, 1998
100
Exhibit attached hereto, be, and hereby is, vacated pursuant to Section 15.2-2272.2 of the
Code of Virginia, (1950, as amended); and,
2. That, as a condition to the adoption of this ordinance, all costs and
expenses associated herewith, including but not limited to publication, survey and
recordation costs, shall be the fesponsibility of the petitioners, Michael L. and Crystal L.
LaBrie and DVW, Incorporation, or their successors or assigns; and,
3. That this ordinance shall be effective on and from the date of its
adoption, and a certified copy of this ordinance shall be fecorded in the Clerk's Office of
the Circuit Court of Roanoke County, Vifginia, in accordance with Section 15.2-2272.2 of
the Code of Virginia (1950, as amended).
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
§.. Second reading of ordinance to vacate a 50-foot unimpfoved
right-of·way referred to as Champ Drive as recorded in Plat Book
5. Paae 82. located in the Cave Sprin9 Maaisterial District.
(Arnold Covey. Director of Enaineerina and Inspections)
0-021098-14
Mr. Covey advised there were no changes since the first reading. There was
no discussion and no citizens to speak on this ordinance.
Supervisor Minnix moved to adopt the ordinance. The motion cafried by the
following recorded vote:
AYES:
Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
NAYS:
None
tt8
February 10,1998
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ORDINANCE 021098-14 VACATING AND CLOSING AN UNIMPROVED
AND UNUSED RIGHT-OF-WAY KNOWN AS CHAMP DRIVE IN PENN
FOREST SUBDIVISION SHOWN IN PLAT BOOK 5, PAGE 82.
WHEREAS, the Petitioner, Buck Mountain Land Development, L.L.C., is the
owner of one of the parcels of land adjacent to Champ Drive, shown as "Remaining
Property of Tract B" on that certain 'Plat Showing Subdivision of a Portion of Penn Forest'
fecorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Plat Book
6, Page 77, said parcel being designated on the Roanoke County Land Records as Tax
Map #87.10-8-6; and,
WHEREAS, the Petitioner has requested that the Board of Supervisors of
Roanoke County, Virginia, vacate and close Champ Drive, which is an unimproved,
unused right-of-way, measuring fifty feet (50') in width and approximately two hundred
ninety feet (290') in length, extending from Chaparral Drive to Kenwick Trail, being shown
and dedicated on plats of Penn Forest Subdivision, recorded in the aforesaid Clerk's Office
in Plat Book 5, Page 82, and Plat Book 6, Page 77; and,
WHEREAS, §15.2-2272.2 of the Code of Virginia (1950, as amended)
requires that such action be accomplished by the adoption of an ordinance by the
governing body; and,
WHEREAS, notice has been given as required by §15.2-2204 of the Code
of Virginia (1950, as amended), and the first reading of this ordinance was held on January
13, 1998; the public hearing and second reading of this ordinance was held on Febfuary
10, 1998.
NOW THEREFORE, BE IT ORDAINED by the Board of Supervisors of
Roanoke County, Virginia, as follows:
1. That an unimproved portion of right-of-way, situate in the Cave Spring
Magisterial District and known as Champ Drive, being approximately 50' in width and 290'
in length, extending from Chaparral Drive to Kenwick Trail, as shown on plats of Penn
Forest Subdivision, recorded in the aforesaid Clerk's Office in Plat Book 5, Page 82, be,
and hereby is, vacated and closed pursuant to Section 15.2-2272 of the Code of Virginia
(1950, as amended), subject to the following conditions:
a. That a perpetual drainage easement, fifty feet (50') in width,
and extending northwesterly from Chaparral Drive through
Champ Drive a distance of 145' to connect with the existing 20'
drainage easement through Lots 1 and 2, Block 6, Penn
Forest, Section 1, on plat recorded in Plat Book 5, Page 82, to
construct, install, improve, operate, inspect, use, maintain,
remove, monitor, repair or replace present or future drainage
courses, ditches, lines, pipes, facilities, and other necessary
or related structures, appurtenances and improvements, for
February 10, 1998
111
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management, collection, tfansmission and distribution of any
form of drainage, including but not limited to stormwater
drainage, together with the right of ingress and egfess thereto
from a public road, is hefeby reserved and retained. The
location of said easement is shown cross-hatched and desig-
nated as "50' DEDICATED D.E." on the map entitled 'Vacating
of 50' Right Of Way Known As Champ Drive And Retaining A
50' Dedicated Drainage Easement' attached hereto and made
a part hereof.
b. That fee simple title to the centerline of Champ Drive shall vest
in the owners of the abutting properties as provided in §15.2-
2274 of the Code of Virginia (1950, as amended), subject to
the above-described drainage easement and subject to the
condition that the vacated area of land shall be added and
combined, by deed or by plat, to said abutting properties, in
compliance with the Roanoke County Subdivision and Zoning
Ordinances, and other applicable laws and regulations.
c. That all costs and expenses associated herewith, including but
not limited to publication, survey and recofdation costs, shall
be the responsibility of the Petitioner; and,
2. That the County Administrator, an Assistant County Administrator, or
any County Subdivision Agent is hereby authorized to execute such documents and take
such actions as may be necessary to accomplish the provisions of this ordinance, all of
which shall be on form approved by the County Attorney.
3. That this ofdinance shall be effective on and from the date of its adoption,
and a certified copy of this ordinance shall be recorded in the Clerk's Office of the Circuit
Court of Roanoke County, Virginia, in accordance with §15.2-2272.2 of the Code of
Vifginia (1950, as amended).
On motion of Supervisor Minnix to adopt the ofdinance, and carried by the
following recorded vote:
AYES: Supervisors McNamara, Minnix, Hafrison, Nickens, Johnson
NAYS: None
INRE:
EXECUTIVE SESSION
1ti
Febrll~ry 10, 1QQR
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At 7:30 p.m., Supervisor Johnson moved to go into Executive Session
pursuant to the Code of Virginia Section 2.1-344 A (7) consultation with legal counsel
concerning government law issues; actuariallfeasibility study. The motion carried by the
following recorded vote:
AYES:
Supervisors Eddy, Harrison, Minnix, Nickens, Johnson
NAYS:
None
IN RE:
CERTIFICATION RESOLUTION
R-021 098-15
Supervisor Johnson noted that the Executive Session was held from 7:35
p.m. until 8:10 p.m. and moved to return 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 021098-15 CERTIFYING EXECUTIVE MEETING WAS
HELD IN CONFORMITY WITH THE CODE OF VIRGINIA
WHEREAS, the Board of Supervisors of Roanoke County, Virginia has
convened an executive meeting on this date pursuant to an affirmative recorded vote and
in accordance with the provisions of The Virginia Freedom of Information Act; and
WHEREAS, Section 2.1-344.1 of the Code of Virginia requires a certification
by the Board of Supervisors of Roanoke County, Virginia, that such executive meeting was
conducted in conformity with Virginia law.
NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of
Roanoke County, Virginia, hereby certifies that, to the best of each members knowledge:
1. Only public business matters lawfully exempted from open meeting
requirements by Virginia law were discussed in the executive meeting which this
certification resolution applies, and
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February 10, 1998
~
2. Only such public business matters as were identified in the motion
convening the executive meeting were heard, discussed or considered by the Board of
Supervisors of Roanoke County, Virginia.
On motion of Supervisof Johnson to adopt the Certification Resolution, and
carried by the following recorded vote:
AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
NAYS: None
IN RE:
OPEN DISCUSSION
There was an open discussion on budget and school budget issues from 8: 1 0
p.m. until 8:55 p.m.
INRE:
ADJOURNMENT
At 8:57 p.m., Chairman Johnson adjourned the meeting to Thursday,
February 12, 1998, at 5:00 p.m. for a joint meeting with the Roanoke County School Board
at the School Administrative Offices.
Submitted by,
Approved by,
~~~
Mary H. Allen, CMC
Clerk to the Board
1t4
February 10 19q8
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