6/23/1998 - Regular
June 23, 1998
407
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Roanoke County Administration Center
5204 Bernard Drive
Roanoke, Virginia 24018
June 23, 1998
The Board of Supervisors of Roanoke County, Virginia, met this day at the
Roanoke County Administration Center, this being the fourth Tuesday, and the second
regularly scheduled meeting of the month of June, 1998.
IN RE:
CALL TO ORDER
Chairman Johnson called the meeting to order at 3:01 p.m. The roll call was
taken.
MEMBERS PRESENT: Chairman Bob L. Johnson, Vice Chairman Harry C. Nickens,
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
INRE:
OPENING CEREMONIES
The invocation was given by the Reverend James Reynolds, Retired, United
Methodist Church. The Pledge of Allegiance was recited by all present.
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June 23, 1998
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IN KE:
REQUE::i l::i TO PO::iTPONE, ADD TO, OR CHANGE I HE ORDER OF
AGENDA ITEMS
Mr. Hodge added Item 4 to New Business, request for acceptance of School
Board resolution establishing a Joint School Construction Advisory Committee.
Supervisor Johnson added appointment to the Roanoke Regional Airport Commission.
Supervisor Nickens requested an Executive Session item pursuant to the Code of Virginia
Section 2.1-344 A (7) pending litigation - Roanoke Moose Lodge.
IN RE:
PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND AWARDS
1. Recognition of Library staff for receivina awards for outstanding
programs and services from the Virainia Public Library Directors'
Association.
Chairman Johnson recognized Spencer Watts for being named Library
Director of the Year; Nancy GaUoni, team leader for the Juvenile Programming Team,
named the outstanding service innovation in Virginia; and Michael Ericson, honorable
mention for the Outstanding Children's Program.
2. Recognition of Marv H. Allen CMC. Clerk to the Board. for
acceptance into the International Institute of Municipal Clerks
Academv for Advanced Education (AAEI. and Brenda J. Holton.
Deputv Clerk. for attainina Certified Municipal Clerk /CMC!
June 23, 1998
409
designation from the International Institute of Municipal Clerks.
Chairman Johnson recognized Mary Allen, Clerk to the Board, and Brenda
Holton, Deputy Clerk, for their continuing education achievements.
IN RE:
NEW BUSINESS
1. Request to appropriate funds to the Reserve for Future School
capital needs. /Diane Hvatt. Director of Finance)
A-062398-1
Ms. Hyatt reported that the 1997-98 Debt Fund budget contains several line
items that will not need to be expended during the current fiscal year while certain Literary
Loans are in the process of being finalized. Since these Literary Loans have only recently
been closed or are in the process of being closed, the first debt payment will be scheduled
for fiscal year 1998-99. The total amount in the debt budget for these projects was
$321,772. Therefore, staff is requesting permission to transfer these funds from the Debt
budget to the Future School Capital budget to offset debt payments that will be incurred
from Phase I of the School Capital Improvement Program. This will bring the total
projected funds reserved for future school capital debt service to $6,104,815.
In response to a question from Supervisor Nickens, Ms. Hyatt advised these
funds were not restricted to any particular project.
Supervisor Nickens moved to approve the $321,772 appropriation to the
Future School Capital budget. The motion carried by the following recorded vote:
AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
"
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June 23, 1998
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I'iIÄT $: None
2. Request to appropriate funds for four corrections deputv
positions. to be partially funded by the State Compensation
Board and acceptance of these temporarv positions into the
County Classification and Pay Plan. (Gerald S. Holt. Sheriff)
A-062398-2
Sheriff Holt advised that the State Compensation Board has indicated that
for fiscal year 1998-99, the Sheriff's Office will receive funding to provide four emergency
corrections deputies for jail overcrowding. They are three Deputy Sheriff positions and
one Administrative Analyst position. The total cost is $130,188.74, and the State will fund
$96,448.88, leaving a difference of $33,739.86 to be supplemented by the County.
There are two alternatives for funding the County portion: (1) Transfer
$33,740 from the Board Contingency Fund on July 1, 1998; or (2) Allocate 1997-98 year-
end expenditure savings by rolling funds over to cover the expenditure. However, if there
are not enough funds in the rollover, the remaining funds would be allocated from the
Unappropriated Fund Balance.
Supervisor Harrison moved to approve funding for the four positions and
County funding of $33,739.86 using Alternative #2, rollover of FY 97/98 funds. The motion
carried by the following recorded vote:
AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
NAYS: None
June 23, 1998
411
;h Reauest to amend the Roanoke Area Libraries (RAL) automation
contract and establish the position of RAL Automation
Coordinator. (Spencer Watts. Librarv Director)
A-062398-3
Mr. Watts reported that in 1989, Roanoke County entered into a contract with
the cities of Salem and Roanoke to establish and maintain a shared integrated automation
system, which was called Roanoke Area Libraries (ML). In 1995, Botetourt County joined
RAL. All the members contribute funding and the Automation Coordinator monitors all
systems hardware and software applications performance; detects and corrects technical
problems; provides on-call troubleshooting assistance, supervises system upgrades and
improvements and provides other assistance. The position will soon become vacant and
the ML library directors recommend that the contract be amended to allow the coordinator
position to be attached to the Roanoke County Library, and in the future could be moved
to any of the partner library systems. There is no direct fiscal impact on the County. Mr.
Watt requested that the Board authorize the County Administrator to execute the
amendment to the ML contract, and to authorize the addition of the ML Automation
Coordinator position to the County Classification Plan.
Supervisor Johnson moved to approve the staff recommendation. The
motion carried by the following recorded vote:
AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
NAYS: None
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June 23, 1998
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4. Request for acceptance of the School Board Resolution
establishina a Joint School Construction Advisory Committee
A-062398-4
Mr. Hodge advised that the School Board adopted a resolution at a special
meeting today, recommending the creation of a Joint School Construction Advisory
Committee to receive reports on the status of school construction projects. The School
Board and Board of Supervisors would each appoint two members and the School
Superintendent and County Administrator will serve as ex officio members. The proposed
resolution is a result of a joint meeting with the School Board on June 18, 1998.
Mr. Hodge recommended that the Board of Supervisors accept the resolution;
schedule a meeting of the Joint School Construction Advisory Committee; and schedule
a joint meeting of the School Board and Board of Supervisors to approve funding of the
school construction projects.
School Board member Jerry Canada reported that they were polling their
members of the committee and hope to meet on June 24. Supervisor Johnson advised
that the committee will know the scope of the project and exactly what will be constructed.
He asked Board Clerk Mary Allen to add the Advisory Committee appointments to the
Appointment portion of the agenda.
Supervisor Nickens noted that the Construction Coordinator was not a
member of the Advisory Committee. Supervisor Johnson advised that the individual can
be added to the committee when the position is filled.
June 23, 1998
413
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Supervisor Johnson moved to accept the resolution and establish the
committee. The motion carried by the following recorded vote:
AYES:
Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
NAYS:
None
Board Clerk Mary Allen was directed to get a final copy of the School Board
resolution.
INRE:
REQUEST FOR PUBLIC HEARINGS AND FIRST READINGS OF
REZONING ORDINANCES - CONSENT AGENDA
Supervisor Johnson moved to approve the first reading and set the second
reading and public hearing for July 28, 1998. The motion carried by the following recorded
vote:
AYES:
Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
NAYS:
None
1. First reading of ordinance to rezone .709 acre from C-1 to C-2 to
construct a dry cleaninQ business. located on Route 460 between
Trail Drive and West Ruritan Road. Hollins Magisterial District.
upon the petition of Cicero Hall. Jr.
IN RE"
FIRST READING OF ORDINANCES
1. First reading of ordinance authorizina the acauisition of a
permanent sewer and water line easements from Atwell and
Lucille Freese. 4626 West Main Street. Salem. Virginia. Catawba
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June 23, 1998
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Magisterial District. (Timothy Gubala. Director of Economic
Development)
Mr. Gubala advised this ordinance authorizes acquisition of a permanent
easement for construction and installation of sanitary sewer and water lines for the
consideration of $300 in connection with the Roanoke River Interceptor Phase III, Valley
TechPark.
There was no discussion and Supervisor Harrison moved to approve the first
reading and set the second reading for July 14, 1998. The motion carried by the following
recorded vote:
AYES:
NAYS:
Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
None
2. First reading of ordinance authorizina donation of a temporarv
construction easement for Vemdale Bridge Replacement. Priority
#4. Roanoke County Secondary Svstem Six-Year Plan. (Arnold
Covey. Director of Community Development)
Mr. Covey reported that Verndale Bridge replacement has been in the
Secondary Six-Year plan for several years. Construction is to be completed in September
1999 and the Virginia Department of Transportation is requesting that the Board of
Supervisors provide a temporary access across Brookside Park so that a temporary
bridge can be provided while construction occurs on the new bridge. The Parks and
Recreation Department has no objection and the park will remain open.
June 23, 1998
415
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Supervisor Johnson moved to approve the first reading and set the second
reading for July 14, 1998. The motion carried by the following recorded vote:
AYES:
NAYS:
Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
None
IN RE:
APPOINTMENTS
1. Roanoke ReQional AirPort Commission
A-062398-5
Supervisor Johnson moved to appoint Jane Milliron to a four year term which
will become effective July 8, 1998, and expires on February 10, 2002.
Supervisor Nickens thanked Supervisor Johnson for his years of service on
the Airport Commission and pointed out that this Commission is now comprised of all
citizens.
2. Joint School Construction Advisorv Committee
A-062398-5
Supervisor Harrison suggested that Supervisors Johnson and Nickens serve
with Supervisor McNamara as an alternate. Supervisor McNamara suggested that either
he or Supervisor Minnix and Supervisor Johnson serve with Supervisor Nickens as
alternate.
Supervisor Harrison moved to appoint Supervisors Johnson and Nickens as
regular members and Supervisor McNamara as an alternate. The motion carried by the
following recorded vote:
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June 23, 1998
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I-\YI::6:
:,upervlsors Hamson, NIckens, Jonnson
NAYS:
Supervisors McNamara, Minnix
IN RE:
CONSENT AGENDA
R-062398-6. R-062398-6.c
Supervisor Nickens move to adopt the Consent Resolution. The motion
carried by the following recorded vote:
AYES:
Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
NAYS:
None
RESOLUTION 062398-6 APPROVING AND CONCURRING IN CERTAIN
ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA
FOR THIS DATE DESIGNATED AS ITEM J, CONSENT AGENDA
BE IT RESOLVED by the Board of Supervisors of Roanoke County,
Virginia, as follows:
1. That the certain section of the agenda of the Board of Supervisors for
June 23, 1998 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 9, inclusive, as follows:
1. Confirmation of committee appointment to the Fifth Planning
District Commission, Parks & Recreation Advisory Commission,
Roanoke Valley Regional Cable TV Committee and Virginia
Western Community College Board.
2. Request to increase petty cash to a total of $200 for Department of
Community Development.
3. Resolution of appreciation upon the retirement of George T.
Madagan, Utility Department.
4. Request for appropriation to the 1998-99 Regional Special
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June 23,1998
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Education Fund.
5. Donation of easements necessary to construct the water and sewer
extension to the Dixie Caverns Landfill, located in the Catawba
Magisterial District.
6. Designation of voting delegate to the National Association of
Counties Annual Conference.
7. Approval of amendment to Employee Handbook concerning 20
year service pay.
8. Ratification of appointment to the Southwest Development
Financing, Inc. Board of Directors.
9. Request to employ state funded child day care worker in the
Department of Social Services.
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 Nickens to adopt the Consent Resolution, and
carried by the following recorded vote:
AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
NAYS: None
RESOLUTION 062398-6.c EXPRESSING THE APPRECIATION OF THE
BOARD OF SUPERVISORS UPON THE RETIREMENT OF GEORGE T.
MADAGAN, UTILITY DEPARTMENT
WHEREAS, George T. Madagan was first employed on July 9, 1979, as a
Motor Equipment Operator I; and retired on June 1, 1998, after nineteen years of service;
and
WHEREAS, Mr. Madagan has received many letters during his service with
the County complimenting him for being prompt, professional and courteous while
performing his duties; and
WHEREAS, Mr. Madagan is well known and liked throughout the County
departments for his honesty, personality, and humorous nature; and
WHEREAS, Mr. Madagan, 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
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June 23, 1998
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of Roanoke County to GEORGE T. MADAGAN for nineteen 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:
REQUESTS FOR WORK SESSIONS
It was the consensus of the Board to set a work session for July 14, 1998,
to discuss goals and objectives for Mr. Hodge and Mr. Mahoney.
IN RE:
REPORTS AND INQUIRIES OF BOARD MEMBERS
Supervisor Nickens asked Mr. Hodge or staff to review the number of part
time employees with 25 years of service to consider their recognitions in the Quarter
Century Club.
Supervisor McNamara: He advised that he has received many calls
concerning rumors about the school construction projects that are not true. He wished to
reaffirm the Board's commitment to education and was happy to see the school
construction projects move forward.
Supervisor Minnix: (1) He asked staff to contact the City of Salem officials
to see if they are interested in establishing an agreement for the County to supply them
with water. Chairman Johnson pointed out that the County has met with Salem City
Council several times on this issue, and that the offer is still on the table. (2) He received
June 23,1998
419
a call from a citizen who advised that he could pay his real estate taxes in two payments
six months apart if he paid at the County, but if he paid at the bank he had to pay the full
amount. Mr. Hodge advised that banks can only accept payment in full because they do
not have the capability to set up payment schedules for individuals.
Supervisor Harrison: (1) He advised that he had received a petition from
Glenvar Heights regarding a problem with a neighbor and they met with staff on how to
handle the situation. (2) He announced that he has received comments from citizens
appointed to the Task Force for Senior Citizens and Physically Challenged expressing
disappointment with the progress. He asked for a report on what the Task Force is doing.
Supervisor Nickens advised that they have been meeting for seven months. John
Chambliss will bring a report on the activities of the Task Force to the July 14 Board
meeting.
Supervisor Johnson: (1) He announced that there have been several
newspaper articles dealing with the Roanoke Valley Convention and Visitors Bureau and
tourism. He felt that the that Board has never been lobbied with the tactics employed by
some organizations including the Regional Chamber of Commerce. He advised that the
Board feels that the CVB needs to be held accountable for the funds they spend, and that
is supervisors' primary concern. (2) He asked Mr. Hodge when the work session with the
Regional Chamber has been scheduled. Mr. Hodge responded that the work session is
scheduled for July 14, 1998.
IN RE:
REPORTS
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June 23, 1998
::;upervlsor MinniX movea to receive ana Tile me TOllowlng reports aner
discussion of Items 2 and 7. The motion carried by a unanimous voice vote.
1. General Fund Unappropriated Balance
2. Capital Fund Unappropriated Balance
3. Board Continaency Fund
4. Future School Capital Reserve
5. Accounts Paid - May 1998
6. Statement of the Treasurer's Accountability per Investments and
Portfolio Policy. as of Mav 31.1998
7. Report of orant award of $100.000 to ITT Night Vision by the
Industrial Development Authoritv of Roanoke County in
accordance with the peñormance agreement of May 31.1996
8. Update on FEMA Project Impact
WORK SESSIONS
1. Work Session with Roanoke Valley Convention and Visitors
Bureau.
The work session was held from 4:13 p.m. until 5:30 p.m. and was presented
by the staff and officers of the Roanoke Valley Convention and Visitors Bureau (RVCVB).
Executive Director David Kjolhede introduced the members of the RVCVB staff and
officers: Beth Poff, President; Jeff Lampman, President-elect; Catherine Fox, Director of
INRE:
June 23,1998
421
Tourism Development; Kelly Burd-Adams, Director of Sales; and Deborah Wright, Director
of Marketing.
Mr. Hodge advised that County staff has been working with the RVCVB over
the past two weeks, and they have been very helpful and enlightening.
Mr. Kjolhede explained that the Visitors Bureau is a public-private partnership
established to market tourism in the Roanoke Valley. They receive $650,000 in public
funds, $180,000 in business funds and $40,000 from their members. They emphasize
three general areas: convention marketing, leisure marketing, and group travel. The staff
of the Visitors Bureau described for the Board the activities they undertake in the three
marketing areas to encourage tourism in the Roanoke Valley.
Mr. Hodge advised the Convention and Visitors Bureau staff that the County
would like more specific measurements on how the Visitors Bureau is impacting and
enhancing tourism. Mr. Kjolhede responded that they would try to prepare better statistical
data for the local governments.
Chairman Johnson advised that the Board will reconsider funding for the
amount originally budgeted at the 7:00 p.m. session.
b... Work Session providing an update on Spring Hollow Reservoir
Recreation Master Plan and fisheries evaluation.
The work session was presented by Utility Director Gary Robertson and
Assistant Director Bob Benninger.
The Board members viewed a slide presentation outlining the ten-year five
phases of the Recreation Master Plan for Spring Hollow Reservoir. The total estimated
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June 23,1998
cost In 1996 dollars IS $2,905,000. He explained that the biggest challenges were access
and parking, staffing, infrastructure, Department of Health restrictions and concerns, and
funding. He described what was involved in each of these challenges.
Mr. Robertson emphasized that bank fishing in Spring Hollow would be
difficult and is not recommended. If the reservoir is stocked, it will require an ongoing
fishery management plan to be successfully implemented.
IN RE:
EXECUTIVE SESSION
At 5:55 p.m., following the work sessions, Supervisor Johnson moved to go
into Executive Session pursuant to the Code of Virginia Section 2.1-344 A.(5) discussion
concerning economic development prospects where no previous announcements have
been made; Section 2.1-344 A (7) consultation with legal counsel pertaining to actual or
probable litigation, Murray and Ziegler; and Section 2.1-344 A (1) personnel matter,
performance evaluation of County Administrator and County Attorney. The motion carried
by the following recorded vote:
AYES:
NAYS:
Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
None
IN RE:
R-062398-7
CERTIFICATION OF EXECUTIVE SESSION
At 7:01 p.m., Supervisor moved to return to open session, that the Executive
Session was held from 6:00 p.m. until 7:00 p.m. and adopt the Certification Resolution.
June 23, 1998
423
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The motion carried by the following recorded vote:
AYES:
Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
NAYS:
None
RESOLUTION 062398-7 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
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
Chairman Johnson advised that the Board would go back into Executive
Session to continue the evaluation of the County Attorney following the evening open
session.
Mr. Hodge added Item 8, reallocation of budgeted funds from Board
Contingency Fund to tourism.
IN RE:
PUBLIC HEARING
1. Public Hearina and adoption of resolution to acquire by
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condemnation proceedinÇls. and to authorize immediate riQht-of-
entrv to. a permanent 20 foot drainage easement tOQether with
the right of access and 8 tempor8rv construction easement from
Nvna S. Murrav. (Vickie Huffman. Assistant County Attorney)
(CONTINUED FROM MA Y 12. 1998 and MA Y 26. 1998)
R-062398-8
Ms. Huffman advised that the County offered $2,873.00 to Ms. Murray for
purchase of the permanent 20 foot drainage easement, right of access and temporary
construction easement on March 26, 1998. The offer was based upon an independent
appraisal of the fair market value of the easement. Ms. Murray has not accepted the offer,
and she has been notified by certified mail of this public hearing.
Ms. Huffman requested that the Board authorize staff to proceed with
acquisition, including eminent domain proceedings if necessary for the drainage easement
to extend from the stormwater management facility in Belle Grove Subdivision to the
existing drainage easement along Route 605. Immediate right-of entry is requested to
proceed with the work during the current construction season.
Ms. Huffman advised that on August 19, 1997, the Board authorized all costs
in connection with this acquisition to be paid from the funds drawn on the developer's
Letter of Credit. Due to an appeal from the developer, the funds are not currently
available. The County's engineer and staff estimate the additional project costs for
materials, construction further engineering work and litigation expenses to be $45,000.
She noted that there was an incorrect date on page 3 of the ordinance which should be
June 23, 1998
425
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changed. Ms. Huffman recommended that the Board adopt the proposed resolution
authorizing eminent domain procedures and appropriation of $45,000 from the Capital
Fund for completion of the project. These funds will be reimbursed to the Capital Fund
when and if the funds from the Letter of Credit become available.
Supervisor Johnson moved to adopt the resolution and appropriate the funds.
The motion carried by the following recorded vote:
AYES:
Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
NAYS:
None
RESOLUTION 062398-8 PURSUANT TO TITLE 25, SECTIONS 15.2-1904
AND 15.2-1905, AND SECTIONS 33.1-119 THROUGH 33.1-132, OF THE
CODE OF VIRGINIA (1950, AS AMENDED), TO AUTHORIZE THE
ACQUISITION OF, AND IMMEDIATE RIGHT OF ENTRY TO, A
PERMANENT 20' DRAINAGE EASEMENT, TOGETHER WITH RIGHT OF
ACCESS AND A TEMPORARY CONSTRUCTION EASEMENT, FROM
NYNA S. MURRAY (TAX MAP #28.09-2-4) BY EMINENT DOMAIN
PROCEEDINGS
BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia,
as follows:
1. That a permanent drainage easement, twenty feet (20') in width, is
necessary for public use in connection with a County project to correct an existing
drainage problem across the property of Nyna S. Murray, located on Shadwell Drive and
designated on the Roanoke County Land Records as Tax Map #28.09-2-4, and to provide
for future maintenance of said easement.
2. That the project is necessary for the general health, safety and welfare
of the public, and specifically is necessary to enable the County of Roanoke to guarantee
adequate drainage to the Virginia Department of Transportation for the streets in Belle
Grove Subdivision, currently serving approximately fifteen (15) households of County
citizens, to be accepted into the Virginia secondary road system, and in order to ensure
proper management of drainage along Shadwell Drive for the benefit of all citizens using
that road.
3. That acquisition of a permanent 20' drainage easement, with right of
access and a temporary construction easement, is required for the management,
collection, transmission, and distribution of any form of drainage, including but not limited
to stormwater drainage, and for the installation of facilities related thereto, specifically
426
June 23, 1998
E
including an underground conduit system, extending from the outfall of the stormwater
detention area in Belle Grove Subdivision, through the Nyna S. Murray property along the
western boundary of the adjoining property owned by Michael and Joy Ann Murray, to the
existing drainage easement along Route 605 (Shadwell Drive).
4. That the easement required for this project is through the property of
Nyna S. Murray, located on Shadwell Drive in the Hollins Magisterial District of the County
of Roanoke, Virginia, and is more particularly described as follows:
A perpetual DMINAGE EASEMENT, approximately twenty feet (20') in width
and consisting of 0.18 acre, to construct, install, improve, operate, inspect,
use, maintain, remove, monitor, repair or replace present or future drainage
courses, ditches, lines, pipes, conduits, facilitie" and other necessary or
related structures, appurtenances and improvàments, for management,
collection, transmission and distribution of any form of drainage, including
but not limited to stormwater drainage, together with the right of ingress and
egress thereto from a public road, and together with a temporary
construction easement, upon, over, under, and across a tract or parcel of
land conveyed to Alfred M. Murray and Nyna S. Murray, husband and wife
as tenants by the entireties with right of survivorship, by deed dated
November 13, 1952, and recorded in the Clerk's Office of the Circuit Court
of Roanoke County, Virginia, in Deed Book 481, page 324, and designated
on the Roanoke County Land Records as Tax Map NO.28.09-2-4. Alfred M.
Murray departed life on February 19, 1991, and fee simple title became
vested in Nyna S. Murray by right of survivorship.
The location of said perpetual drainage easement is shown stippled and
designated as "DMINAGE EASEMENT" upon the plat entitled 'Plat Showing
Temporary Construction Easement and Drainage Easement' dated
February 13, 1998, prepared by Lumsden Associates, P. C., attached hereto
as Exhibit A and by reference incorporated herein. The location of the
temporary construction easement and the easement for ingress and egress,
consisting of 9,635 square feet, more or less, is $hown cross-hatched and
designated as 'TEMPOMRY CONSTRUCTION EASEMENT' on the above-
described plat attached as Exhibit A. The temporary construction easement
and easement for ingress and egress shall be operative and in effect during
any period or phase of construction, installation, improvement, inspection,
maintenance, repair, replacement, or alteration of the drainage system and
appurtenant facilities, but shall otherwise be inoperative and of no force and
effect upon completion of the project.
5. That the fair market value of the permanent drainage
easement, together with right of access and the temporary construction easement, is
$2,873.00. The sum of $2,873.00 has been offered, and is hereby re-offered, to the
June 23, 1998
427
property owner for purchase of the above-described easements by the Board of
Supervisors of Roanoke County, Virginia.
6. That it is immediately necessary for the County to enter upon and take
possession of such property and commence construction of said drainage improvements
in order to ensure proper management of the drainage, to have the streets in Belle Grove
Subdivision accepted into the Virginia secondary road system for maintenance purposes,
and to more adequately serve the needs of the citizens of Roanoke County, and to institute
and conduct appropriate condemnation proceedings as to the above-described easements
as provided by law.
7. That a certified copy of this resolution, to be sent by certified mail to
Nyna S. Murray on or before June 26, 1998, shall constitute notice to said property owner
of the offer to purchase as set forth above and the intent to enter upon and take
possession of the subject easements to commence construction, as provided for in
Sections 15.2-1904 and 15.2-1905, and Sections 33.1-119 through 33.1-132 of the Code
of Virginia (1950, as amended).
8. That the Capital Fund is hereby designated as the fund from which the
judgment of the court in the condemnation proceedings shall be paid to the property
owner.
9. That the Board does hereby invoke all and singular the rights,
privileges, and provisions as to the vesting of powers in the County under the Virginia
General Condemnation Act (§25-46.1, et seq.), Sections 15.2-1904 and 15.2-1905, and
Sections 33.1-119 through 33.1-132, of the Code of Virginia (1950, as amended), all as
made and provided by law.
10. That the County Administrator, or an Assistant County Administrator,
and the County Attorney are hereby authorized to execute such documents and take such
actions as may be necessary to accomplish this acquisition through eminent domain
proceedings, or otherwise.
11. That this resolution shall be effective on the date of its adoption and the
property owner shall have thirty (30) days following the sending of notice, i.e. the certified
mailing of this resolution as provided herein, within which to contest this taking and
immediate right of entry as provided in Section 15.2-1905.C. of the Code of Virginia (1950,
as amended).
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 FIRST READING OF ORDINANCE
428
June 23, 1998
First reading of ordinance amending and reenactlna Section 21-
79 "Nullification or proration upon chanae in status" in Article III.
Real Estate Taxes. Division 3. Exemption for elderly and
disabled' of Chapter 21. Taxation. of the Roanoke county Code.
to provide for a prorated exemption for the portion of the taxable
year during which the taxpayer qualified for such exemption. in
the event of disqualification due to chanae in circumstances.
(Paul Mahoney. County Attorney)
Ms. Huffman advised that the proposed amendment is the result of a citizen
complaint and at the request of the County Administrator. Under the current ordinance,
when a taxpayer who qualifies for tax exemption dies leaving real estate to his or her
children, the exemption is nullified for the full taxable year. The proposed amendment
prorates the exemption for the remainder of the taxable year. The amendment would also
be applicable to disqualifying events other than death.
Mr. Hodge advised that this amendment would only affect about ten people
at a fiscal impact between $2,000 and $7,000.
Supervisor Nickens moved to approve the first reading and set the second
reading for July 14, 1998. The motion carried by the following recorded vote:
AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
NAYS: None
1.
June 23, 1998
429
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IN RE:
PUBLIC HEARINGS AND SECOND READINGS OF ORDINANCES
1. Second readina of ordinance to rezone 2.03 acres from C-1 to C-
2 to construct a drv cleaninQ and retail sales business. located
on Route 460 between Trail Drive and West Ruritan Road. Hollins
Magisterial District. upon the petition of Cicero Hall. Jr.
Chairman Johnson announced that this rezoning had been withdrawn by the
petitioner. The petition had been modified and will be reconsidered by the Planning
Commission and Board of Supervisors in July, 1998.
2. Second reading of ordinance to rezone approximately 0.35 acre
from R-1 to C-1 to develop an office park. located near the
intersection of McVitty Road and Route 419. Windsor Hills
Magisterial District. upon the petition of Vaughn & Jamison.
L.L.C. (Terry Harrington. Countv Planner)
0-062398-9
Mr. Harrington explained that the need for rezoning came about while the
petitioners were assessing the acreage for a proposed office park. The larger parcel of
3.67 acres is zoned C-1 with the exception of a 48.30 x 150 foot strip fronting on McVitty
Road which is zoned R-1. The applicant is requesting the portions of these two parcels
that are zoned R-1 to be rezoned to C-1. It was the intent of the 419 Frontage
430
June 23, 1998
;--
Development Plan adopted in 1986 to have the parcel involved in this petition designated
to be in the Transition land use designation.
The petitioner's attorney, Ed Natt was present to answer questions.
Supervisor McNamara moved to adopt the ordinance. The motion carried
by the following recorded vote:
AYES:
Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
NAYS:
None
ORDINANCE 062398-9 TO CHANGE THE ZONING CLASSIFICATION OF
A .35-ACRE TRACT OF REAL ESTATE LOCATED NEAR THE
INTERSECTION OF MCVITTY ROAD AND ROUTE 419 (PART OF TAX
MAP NOS. 76.16-4-4 AND 76.16-4-4.2) IN THE WINDSOR HILLS
MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF R-1
TO THE ZONING CLASSIFICATION OF C-1 UPON THE APPLICATION OF
VAUGHN & JAMISON, L.L.C.
WHEREAS, the first reading of this ordinance was held on May 26, 1998,
and the second reading and public hearing were held June 23, 1998; and,
WHEREAS, the Roanoke County Planning Commission held a public hearing
on this matter on June 2, 1998; and
WHEREAS, legal notice and advertisement has been provided as required
bylaw.
BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia,
as follows:
1. That the zoning classification of a certain tract of real estate
containing .35 acre, as described herein, and located near the intersection of McVitty Road
and Route 419 (Part of Tax Map Numbers 76.16-4-4 and 76.16-4-4.2) in the Windsor Hills
Magisterial District, is hereby changed from the zoning classification of R-1, Low Density
Residential District, to the zoning classification of C-1, Office District.
2. That this action is taken upon the application of Vaughn & Jamison,
L.L.C.
3. That said real estate is more fully described as follows:
Beginning at a point on the northeast corner of Lot 1 (0.344 acre)as shown
on a "Plat Showing New Lot 2 being a portion of original 4.363 ac. tract
situated along McVitty Road, SW, Property of Northview Corporation"
prepared by Buford T. Lumsden & Associates, P.C. dated 2 September
1982; thence with McVitty Road S. 44° 45' E. 57 feet to a point shown as
June 23, 1998
431
-
Corner 4; thence S. 45° 02 E. 50 feet to a point on the front lot line of New
Lot 2; thence with a line through the center of New Lot 2 (0.344 ac.) S. 43°
13' W. 150 feet to a point along the rear lot line of New Lot 2; thence along
the rear lot line of New Lot 2 N. 45° 02' W. 98.3 feet to a point on the
southeast corner of the aforesaid Lot 1; thence following the east lot line of
Lot 1 N. 43° 13' E. 150 feet to the Place of Beginning and containing
approximately 0.344 acre.
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 McNamara to adopt the ordinance, and carried by
the following recorded vote:
AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
NAYS: None
3. Second readina of ordinance authorizina a Special Use Permit to
construct a 120 ft. broadcastina tower. located at Little Brushy
Mountain. Catawba Maaisterial District. upon the petition of CFW
Wireless and the City of Salem. (Terrv Harrington. County
Planner)
0-062398-10
Mr. Harrington reported that CFW is proposing to replace an existing lattice
tower at the top of Little Brushy Mountain. The existing 50 foot tower is owned by the City
of Salem and is used for a public emergency communication antenna. CFW has indicated
that a 100 foot high tower would meet their coverage needs, but a 120 foot new tower is
/
432
June 23, 1998
proposed to meet both CWF and Salem's coverage needs, and to allow CO-location ot an
additional vendor.
Mr. Harrington advised there were seven conditions to the Special Use
Permit and he reviewed them with the Board. Larry Ryan was present on behalf of the
petitioners to answer questions.
Supervisor Harrison moved to adopt the ordinance. The motion carried by
the following recorded vote:
AYES:
Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
NAYS:
None
ORDINANCE 062398-10 GRANTING A SPECIAL USE PERMIT TO CFW
WIRELESS AND THE CITY OF SALEM TO CONSTRUCT A 120 FOOT
BROADCASTING TOWER LOCATED ON LITTLE BRUSHY MOUNTAIN
(TAX MAP NO. 45.01-1-71), CATAWBA MAGISTERIAL DISTRICT
WHEREAS, CFW Wireless and the City of Salem have filed a petition to
construct a 120 foot broadcasting tower located on Little Brushy Mountain (Tax Map No.
45.01-1-71) in the Catawba Magisterial District; and
WHEREAS, the City of Salem is the owner of the real estate located on Little
Brushy Mountain (Tax Map No. 45.01-1-71); and
WHEREAS, the Planning Commission held a public hearing on this matter
on June 2, 1998; and
WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a
first reading on this matter on May 26, 1998; the second reading and public hearing on this
matter was held on June 23, 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 CFW
Wireless and the City of Salem to construct a 120 foot broadcasting tower located on
Little Brushy Mountain (Tax Map No. 45.01-1-71) in the Catawba Magisterial District is
substantially in accord with the adopted 1985 Comprehensive Plan pursuant to the
provisions of § 15.2-2232 of the 1950 Code of Virginia, as amended, and said Special Use
Permit is hereby approved with the following conditions:
June 23, 1998
433
(1) The height of the proposed tower, shall not exceed 100 feet
above existing grade. A monopole type structure shall be
constructed. The structure shall have a structural capacity to be
increased in height to 160 feet, however, the tower shall not be
increased in height above 100 feet unless the increase is required to
accommodate co-location of equipment for another vendor/provider,
and any increase in tower height above 100 feet shall be subject to
an additional special use permit application.
(2) The tower structure and all attached hardware shall be a flat
matted color so as to better blend into the landscape and reduce
visibility and light reflection.
(3) No lighting shall be installed on the tower structure or
equipment building except as may be required by the FAA.
(4) This tower shall be structurally designed to carry sufficient
loading and the site shall be developed to accommodate the
additional buildings necessary to accommodate co-locating of
communications equipment of at least two other vendor/providers in
addition to the City of Salem and CFW. In addition, by executing the
Special Use Permit, the applicant and owner of the land agree to
make the tower and tower site available for lease within the structural
capacity of the tower and at reasonable costs adequate to recover
the capital, operating and maintenance costs of the tower location
required for the additional capacity.
(5) If the use of the tower structure for wireless communications
is discontinued, the tower structure shall be dismantled and removed
from the site within 30 days of notice by the County, and the Special
Use Permit shall become void.
(6) The location of the tower structure and related equipment shall
be as shown on a site plan for Little Brushy dated 4/24/98.
(7) As part of construction, all unused structures, poles and
antennas on the property shall be removed and 8 foot security
fencing shall surround the compound.
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 Harrison to adopt the ordinance, and carried by the
following recorded vote:
AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
NAYS: None
434
June 23, 1998
=
4. Second readina of ordinance DENYING 8t1thorizing a Special Use
Penmit to allow for an outdoor Qathering on 80 acres. behind the
Holiday Inn off of Skyview Road. Catawba Magisterial District.
upon the petition of Paul Hartle III. (Terrv Harrinaton. County
Planner)
0-062398-11 - DENIAL
Mr. Harrington advised this was a request for a Special Use Permit to operate
a haunted house and hayride facility with ancillary support services and retail sales.
At the Planning Commission meeting, the Commission commented on traffic
access, viability and feasibility of the proposal, and the possibility that the petitioner would
be seeking other uses should this use not succeed. Citizens expressed their concerns
about access and increased risk of fires. The Planning Commission recommended denial
but if the Board of Supervisors chose to approve the permit, the Commission offered nine
conditions to the Special Use Permit.
James Garris, 3108 D Honeywood Lane spoke in support of the petition and
requested that the petition be approved.
Supervisor Harrison advised that he had many concerns about this petition
including lack of water and sewer, the hilly terrain, and that the Holiday Inn would not
grant the petitioners road access. He moved to DENY the ordinance. The motion carried
by the following recorded vote:
AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
June 23, 1998
435
-
NAYS: None
DENIAL OF ORDINANCE 062398-11 CRANTING A SPECIAL USE PERMIT
TO PAUL HARTLE III TO ALLOW FOR AN OUTDOOR GATHERING ON
80 ACRES BEHIND THE HOLIDAY INN OFF OF SKYVIEW ROAD (TAX
MAP NO. 44.04-1-1), CATAWBA MAGISTERIAL DISTRICT
WHEREAS, Paul Hartle III has filed a petition to allow for an outdoor
gathering to be located on 80 acres behind the Holiday Inn off of Skyview Road (Tax Map
No. 44.04-1-1) in the Catawba Magisterial District; and
WHEREAS, the Planning Commission held a public hearing on this matter
on June 2, 1998; and
WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a
first reading on this matter on May 26, 1998; the second reading and public hearing on this
matter was held on June 23, 1998.
NOW, THEREFORE BE IT ORDAINED by the Board of Supervisors of
Roanoke County, Virginia, as follows:
On motion of Supervisor Harrison to DENY the ordinance, and carried by the
following recorded vote:
AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
NAYS: None
5. Second reading of ordinance to vacate an existinQ 20-foot
access easement on lots 4 and 5 in Phase I of Wexford
Subdivision in the Windsor Hills Maaisterial District. shown in
Plat Book 16. Page 122. (Arnold Covev. Director of Community
Development)
0-062398-12
There was no discussion and no citizens to speak on this ordinance.
436
June 23, 1998
-
Supervisor McNamara moved to adopt the ordinance. The motion carried
by the following recorded vote:
AYES:
Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
NAYS:
None
ORDINANCE 062398-12 TO VACATE AN EXISTING 20' ACCESS
EASEMENT ON LOTS 4 AND 5, IN PHASE I OF WEXFORD SUBDIVISION
SHOWN IN PLAT BOOK 16, PAGE 122
WHEREAS, by subdivision plat entitled "Wexford, Phase I", dated February
8, 1994, and recorded in the Clerk's Office of the Circuit Court of Roanoke County,
Virginia, in Plat Book 16, page 122, a twenty-foot (20') access easement to and from the
stormwater management easement located on Lots 5 and 6, was shown and created along
the boundary line of Lots 4 and 5, and continuing along the westerly boundary line of Lot
5, the subject easement being designated on said plat as "20' ACCESS DRIVEWAY AND
WATER LINE EASEMENT"; and,
WHEREAS, the Petitioners, Arthur A. Kunkle and Marion A. Kunkle, husband
and wife, and Susan M. Sisler, Trustee under Declaration of Trust dated July 30, 1996, are
the owners of Lot 4 (Tax Map No. 86.03-6-7) and Lot 5 (Tax Map No. 86.03-6-8),
respectively, Phase I, Wexford, as recorded in Plat Book 16, page 122; and,
WHEREAS, the Petitioners have requested that the existing twenty-foot (20')
access easement across their lots be vacated; and,
WHEREAS, in exchange, the Petitioners propose that an alternative 20'
access easement along the southeasterly boundary of Lot 5, designated and shown as
"NEW 20' STORM WATER MNGM'T. ACCESS ESMT." on the 'Easement Plat for Wexford
of Roanoke, Inc., Creating Hereon a New 20' Storm Water Management Access Easement
Crossing Lot 5 Wexford - Phase 1', dated September 9, 1997, prepared by Balzer and
Associates, Inc., be conveyed to the Wexford Homeowners Association which has
responsibilities for maintenance of the stormwater management easement; and,
WHEREAS, the County's engineering staff has recommended and approved
the proposed exchange of access easements, which will allow for a shorter, more direct,
and less burdensome access to the stormwater management easement, and will not
impose any greater burden on the Homeowners Association; 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 June
June 23, 1998
437
9, 1998; the public hearing and second reading of this ordinance was held on June 23,
1998.
NOW THEREFORE, BE IT ORDAINED by the Board of Supervisors of
Roanoke County, Virginia, as follows:
1. That an existing twenty-foot (20') access easement, shown and
designated as "20' ACCESS DRIVEWAY AND WATER LINE EASEMENT" on the
'Subdivision Plat of Wexford, Phase I', recorded in the Clerk's Office of the Circuit Court
of Roanoke County, Virginia, in Plat Book 16, page 122, said easement running along the
boundary line of Lots 4 and 5, and continuing along the westerly boundary line of Lot 5,
to provide access to and from the stormwater management easement located on Lots 5
and 6, Phase I, Wexford, as shown on said plat and as further shown on Exhibit A attached
hereto, be, and hereby is, vacated pursuant to Section 15.2-2272 of the Code of Virginia
(1950, as amended), subject to the following conditions:
a. That the existing water line easement in the same location and
shown on the above-described subdivision plat shall remain in
full force and effect.
b. That the alternative access easement, along and parallel with
the southeasterly boundary of Lot 5, designated as "NEW 20'
STORM WATER MNGM'T. ACCESS ESMT." on the
'Easement Plat for Wexford of Roanoke, Inc., Creating Hereon
a New 20' Storm Water Management Access Easement
Crossing Lot 5 Wexford - Phase I', dated September 9, 1997,
prepared by Balzer and Associates, Inc., a copy of which is
attached hereto as Exhibit A and incorporated herein, shall be
conveyed to the Wexford Homeowners Association for
purposes of ingress and egress to and from the stormwater
management easement, said Association being responsible for
the continuing maintenance of said stormwater management
easement.
c. That all costs and expenses associated herewith, including but
not limited to publication, survey and recordation costs, shall
be the responsibility of the Petitioners.
2. That the County Administrator, or an Assistant County Administrator,
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.
438
June 23,1998
L-
3. That this ordinance shall be effective on and from the date of its
adoption, and a certified copy of this ordinance shall be recorded in the Clerk's Office of
the Circuit Court of Roanoke County, Virginia, in accordance with §15.2-2272.2 of the
Code of Virginia (1950, as amended).
On motion of Supervisor McNamara to adopt the ordinance, and carried by
the following recorded vote:
AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
NAYS: None
§. Second readina of ordinance to vacate an existing 15-foot
access easement along the northern boundary of lot 20 and
extending northerly alonQ the eastern (rear) lot lines of lots 19.
18. and 17 and to vacate an existina 10 foot access drive and 15-
foot stormwater management access easement alonQ the
boundary between lot 13 and lot 14A in Wexford at Steeplechase
Subdivision. and resubdivision of Wexford at Steeplechase in
Windsor Hills MaQisterial District. (Arnold Covey. Director of
Community Development)
0-062398-13
There was no discussion and no citizens to speak on this ordinance.
Supervisor McNamara moved to adopt the ordinance. The motion carried
by the following recorded vote:
AYES:
Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
NAYS:
None
June 23, 1998
439
~
ORDINANCE 062398-13 TO VACATE AN EXISTING 15' ACCESS
EASEMENT ALONG THE NORTHERN BOUNDARY OF LOT 20 AND
EXTENDING NORTHERLY ALONG THE EASTERN (REAR) LOT LINES
OF LOTS 19,18, AND 17, AND TO VACATE AN EXISTING 10' ACCESS
DRIVE AND 15' STORMWATER MANAGEMENT ACCESS EASEMENT
ALONG THE BOUNDARY BETWEEN LOT 13 AND LOT 14A IN
WEXFORD AT STEEPLECHASE SUBDIVISION, IN PLAT BOOK 18,
PAGE 51, AND RESUBDIVISION PLAT OF WEXFORD AT
STEEPLECHASE, IN PLAT BOOK. 19, PAGE 67.
WHEREAS, by subdivision plat entitled "WEXFORD AT STEEPLECHASE",
dated July 14, 1995, and recorded in the Clerk's Office of the Circuit Court of Roanoke
County, Virginia, in Plat Book 18, page 51, a fifteen-foot (15') stormwater management
access easement was shown and created along the northern boundary of Lot 20 and
extending northerly along the eastern (rear) lot lines of lots 19, 18, and 17, the subject
easement being designated on said plat as "15' ACCESS EASEMENT"; and,
WHEREAS, by said subdivision plat, a ten-foot (10') access drive and fifteen-
foot (15') stormwater management access easement was shown and created along the
boundary line of Lots 13 and 14 (now 14A), the subject drive and easement being
designated on said plat as "10' ACCESS DRIVE" and "15' S.W.M. ACCESS ESM'T.", and
being further shown along the boundary line of Lots 13 and 14A on the 'Plat of
Resubdivision Showing The Resubdivision of Lots 14,15, & 16, Wexford At Steeplechase,
Plat Book 18, Page 51, Creating Hereon Lots 14A, 15A, and 16A, Wexford At
Steeplechase', recorded in the aforesaid Clerk's Office in Plat Book 19, Page 67; and,
WHEREAS, the Petitioner, Wexford of Roanoke, Inc., is the developer of
said subdivision and has requested that the above-described existing 15' access
easements and 10' access drive be vacated; and,
WHEREAS, in exchange, the Petitioner proposes that alternative 15' access
easements on Lots 15A and 16A, designated and shown as "NEW 15' STORMWATER
MANAGEMENT ACCESS EASEMENT" on the 'Easement Plat Creating New 15'
Stormwater Management Access Easement Crossing Lots 14A, 15A and 16A', dated
March 20, 1998, prepared by Balzer and Associates, Inc., be conveyed to the Wexford
Homeowners Association, Va Wexford at Steeplechase Homeowners Association, which
has responsibilities for maintenance of the stormwater management easements located
on Lots 14A and 15A and on Lot 16A; and,
WHEREAS, the County's engineering staff has reviewed and approved the
proposed exchange of access easements, which will allow for a less burdensome,
consolidated access to the stormwater management easements, and will not impose any
greater burden on the Homeowners Association; and,
440
June 23, 1998
,
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 June
9, 1998; the public hearing and second reading of this ordinance was held on June 23,
1998.
NOW THEREFORE, BE IT ORDAINED by the Board of Supervisors of
Roanoke County, Virginia, as follows:
1. That an existing 15' stormwater management access easement, shown
and designated as "15' ACCESS EASEMENT" on the subdivision plat of "WEXFORD AT
STEEPLECHASE", dated July 14,1995, and recorded in the aforesaid Clerk's Office in
Plat Book 18, page 51, said easement being along the northern boundary of Lot 20 and
extending northerly along the eastern (rear) lot lines of lots 19, 18, and 17, and further
shown as "EXISTING 15' STORMWATER MANAGEMENT ACCESS ESM'T. TO BE
VACATED" on Exhibit A attached hereto, be, and hereby is, vacated pursuant to Section
15.2-2272 of the Code of Virginia (1950, as amended), subject to the conditions contained
herein.
2. That an existing 10' access drive and 15' stormwater management
access easement, shown and designated as "10' ACCESS DRIVE" and "15' S.W.M.
ACCESS ESM'T." on the subdivision plat of "WEXFORD AT STEEPLECHASE" (P. B. 18,
pg. 51), and being shown and designated as "10' EXISTING ACCESS DRIVE" and "15'
EXISTING S.W.M. ACCESS ESM'T." on the resubdivision plat of "WEXFORD AT
STEEPLECHASE" (P. B. 19, pg. 67), said drive and easement being along the boundary
line of Lots 13 and 14A (formerly Lot 14), and being further shown as "10' ACCESS DRIVE
TO BE VACATED" and "15' S.W.M. ACCESS ESM'T. TO BE VACATED" on Exhibit A
attached hereto, be, and hereby is, vacated pursuant to Section 15.2-2272 of the Code of
Virginia (1950, as amended), subject to the conditions contained herein.
3. That alternative access easements on Lots 15A and 16A, designated
as "NEW 15' STORM WATER MANAGEMENT ACCESS EASEMENT" on the 'Easement
Plat Creating New 15' Stormwater Management Access Easement Crossing Lots 14A, 15A
and 16A', dated March 20, 1998, prepared by Balzer and Associates, Inc., a copy of which
is attached hereto as Exhibit A and incorporated herein, shall be conveyed to the Wexford
Homeowners Association, Ua Wexford at Steeplechase Homeowners Association, for
purposes of ingress and egress to and from the stormwater management easements, said
Association being responsible for the continuing maintenance of said stormwater
management easements located on Lots 14A and 15A and Lot 16A.
4. That all costs and expenses associated herewith, including but not
limited to publication, survey and recordation costs, shall be the responsibility of the
Petitioner.
June 23, 1998
441
5. That the County Administrator, or an Assistant County Administrator,
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.
6. That this ordinance shall be effective on and from the date of its adoption,
and a certified copy of this ordinance shall be recorded in the Clerk's Office of the Circuit
Court of Roanoke County, Virginia, in accordance with §15.2-2272.2 of the Code of
Virginia (1950, as amended).
On motion of Supervisor McNamara to adopt the ordinance, and carried by
the following recorded vote:
AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
NAYS: None
7. Second reading of ordinance to increase the salaries of the
members of the Board of Supervisors of Roanoke County
pursuant to Section 3.07 of the County Charter and Section 14.1-
46.01:1 of the Code of Virainia. (Paul Mahoney. County Attorney)
0-062398-14
Mr. Mahoney reported that the ordinance had been advertised and the Board
needs to fill in the blanks of the ordinance setting the salaries.
Supervisor Harrison advised that he would not support an increase in the
Board of Supervisors salaries.
Supervisor Nickens moved to adopt the ordinance setting salaries at a 3%
increase with an annual salary of $11 ,817.56 The motion carried by the following recorded
vote:
AYES:
Supervisors McNamara, Minnix, Nickens, Johnson
NAYS:
Supervisor Harrison
442
June 23, 1998
ORDINANCE 062398-14 TO INCREASE THE SALARIES OF THE
MEMBERS OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY
PURSUANT TO SECTION 3.07 OF THE ROANOKE COUNTY CHARTER
AND SECTION 14.1-46.01:1 OF THE CODE OF VIRGINIA
WHEREAS, Section 3.07 of the Charter of the County of Roanoke provides
for the compensation of members of the Board of Supervisors and the procedure for
increasing their salaries; and
WHEREAS, Section 14.1-46.01:1 of the 1950 Code of Virginia, as amended,
establishes the annual salaries of members of boards of supervisors within certain
population brackets; and
WHEREAS, the Board of Supervisors of Roanoke County, Virginia, has
heretofore established the annual salaries of Board members at $11,473.36 by Ordinance
061097 -4 and further has established the additional annual compensation for the chairman
for the Board to be $1,800 and for the vice-chairman of the Board to be $1,200; and
WHEREAS, this section provides that the maximum annual salaries therein
provided may be adjusted in any year by an inflation factor not to exceed five (5%) percent;
and
WHEREAS, the first reading on this ordinance was held on June 9, 1998; the
second reading and public hearing was held on June 23,1998.
NOW, THEREFORE, it is hereby ORDAINED by the Board of Supervisors
of Roanoke County, Virginia, that the annual salaries of members of the Board of
Supervisors of Roanoke County, Virginia, are hereby increased by an inflation factor of ~%
pursuant to the provisions of Section 3.07 of the Roanoke County Charter and Section
14.1-46.01:1 of the 1950 Code of Virginia, as amended. The new annual salaries shall be
$11.817.56 for members of the Board. In addition, the chairman of the Board will receive
an additional annual sum of $1,800 and the vice-chairman of the Board will receive an
additional sum of $1 ,200.
This ordinance shall take effect on July 1, 1998.
On motion of Supervisor Nickens to adopt the ordinance setting salaries at
3% increase or $11,817.56, and carried by the following recorded vote:
AYES: Supervisors McNamara, Minnix, Nickens, Johnson
NAYS: Supervisor Harrison
8. Reallocation of budaeted funds from Board ContinQencv to
Roanoke Vallev Convention and Visitors Bureau
A-062398-15
June 23, 1998
443
This issue was discussed in a work session earlier in the day.
Supervisor Nickens moved to reallocate $107,500 from the Board
Contingency Fund to the Roanoke Valley Convention and Visitors Bureau. The motion
carried by the following recorded vote:
AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
NAYS: None
IN RE:
MEETINGS WITH SCHOOL ADMINISTRATION AND SCHOOL BOARD
Chairman Johnson announced that the Joint School Construction Advisory
Committee will meet on June 24, 1998 at 9:00 a.m. at School Superintendent Deanna
Gordon's office to work out the performance agreements on the three school construction
projects. The Board of Supervisors and School Board will hold a joint meeting on June 26,
1998 at 12:00 noon at the School Administrative Offices to approve the performance
agreement and appropriate the construction funds for Burlington, Clearbrook and Bonsack
Elementary Schools.
IN RE:
CITIZENS COMMENTS AND COMMUNICATIONS
The following citizens spoke in support of moving forward as soon as
possible with the Burlington Elementary School construction project:
1. Douglas Tavlor. 8326 Webster Drive.
2. Kellev Williamson. 6943 Dallas Road
444
June 23, 1998
The following citizens spoke in support of increasing the funds for
renovations to Glenvar Middle School from $2.8 million to $6 million:
1. T erriann Mav 1641 Branchside Drive. Salem
2. Jav Huffman. 818 Shirley Road. Salem
3 Patti Neikiok 866 Texas Hollow Road. Salem
4. Linda Palmer 3379 Bradshaw Road. Salem
Chairman Johnson requested that Supervisor Nickens read into the record
a letter that he wrote to the Roanoke Times concerning the school construction projects.
James Garris. 3108 D Honeywood Lane, spoke in support of funding for the
Convention and Visitors Bureau but agreed that the Board needs hard data and
accountability to make the funding decision. He also asked that the Board of Supervisors
reconsider the recently adopted amendments to the trash ordinance that made it illegal to
tamper with or scavenge through County trash receptacles and trash bags placed out for
pickup.
IN RE:
EXECUTIVE SESSION
AYES:
NAYS:
At 8: 15 p.m., Supervisor Johnson moved to go into Executive Session
pursuant to the Code of Virginia Section 2.1-344 A(1) personnel matter, performance
evaluation of the County Administrator and County Attorney.
The motion carried by the following recorded vote:
Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
None
June 23, 1998
445
IN RE:
CERTIFICATION RESOLUTION
R-062398-16
At 8:40 p.m., Supervisor Johnson moved to retum 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 062398-16 CERTIFYING EXECUTIVE MEETING WAS
HELD IN CONFORMITY WITH THE CODE OF VIRGINIA
WHEREAS, the Board of Supervisors of Roanoke County, Virginia has
convened an executive meeting on this date pursuant to an affirmative recorded vote and
in accordance with the provisions of The Virginia Freedom of Information Act; and
WHEREAS, Section 2.1-344.1 of the Code of Virginia requires a certification
by the Board of Supervisors of Roanoke County, Virginia, that such executive meeting was
conducted in conformity with Virginia law.
NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of
Roanoke County, Virginia, hereby certifies that, to the best of each 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
IN RE:
SETTING THE SALARIES FOR THE COUNTY ADMINISTRATOR AND
COUNTY ATTORNEY.
446
June 23, 1998
,
R-062398-17
Supervisor McNamara moved to adopt the resolution increasing the County
Administrator's salary 2.3% to $111,484.764 and County Attorney's salary 2.3% to
$94,936.34. The motion carried by the following recorded vote:
AYES:
Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
NAYS:
None
RESOLUTION 062398-17 ESTABLISHING SALARIES FOR THE COUNTY
ADMINISTRATOR AND THE COUNTY ATTORNEY
WHEREAS, the Board of Supervisors of Roanoke County, Virginia, hereby
establishes the salaries for the County Administrator and the County Attorney for Fiscal
Year 1998-99.
BE IT RESOLVED, by the Board of Supervisors of Roanoke County, Virginia,
as follows:
1. That the annual salary for the County Administrator shall be increased
from $109,011.76 to $111.484.74.
2. That the annual salary for the County Attorney shall be increased from
$93,838.72 to $94.936.34.
3. That the effective date for the establishment of these salaries shall be July
1,1998.
On motion of Supervisor McNamara to adopt the resolution increasing
County Administrator salary 2.3% to $111,484.74 and County Attorney 2.3% to
$94,936.34, and carried by the following recorded vote:
AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
NAYS: None
Chairman Johnson asked that a work session be set for July 14, 1998, with
Mr. Mahoney and Mr. Hodge to set goals and objectives. Each supervisor was asked to
bring his comments at that time.
IN RE:
ADJOURNMENT
June 23, 1998
447
-
At 8:45 p. m., Chairman Johnson adjourned the meeting to June 26, 1998
at 12:00 Noon at the School Board Administrative Offices to consider advancing funds
for the three school construction projects. Chairman Johnson announced that a joint
meeting with the Roanoke City Council will be held on July 14, 1998 at 12:00 Noon at
the Explore Park.
Submitted by,
~MCù.-~i.¿-
Mary H. Allen, CMC/AAE
Clerk to the Board
Approved by,
448
June 23, 1998
,
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