10/13/1998 - Regular
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October 13,1998
663
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Roanoke County Administration Center
5204 Bernard Drive
Roanoke, Virginia 24018
October 13, 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 October, 1998.
N RE:
CALL TO ORDER
Chairman Johnson called the meeting to order at 3:02 p.m. The roll call was
taken.
MEMBERS PRESENT: Chairman Bob L. Johnson, Vice Chairman Harry C. Nickens,
Supervisors Fenton F. "Spike" Harrison, Joseph McNamara,
H. Odell "Fuzzy" Minnix
MEMBERS ABSENT: None
STAFF PRESENT: Elmer C. Hodge, County Administrator; Paul M. Mahoney,
County Attorney; Mary H. Allen, Clerk; John M. Chambliss,
Assistant County Administrator; Anne Marie Green, Director,
Community Relations
IN RE:
OPENING CEREMONIES
The invocation was given by Reverend John Hartwig, Good Shepherd
Lutheran Church. The Pledge of Allegiance was recited by all present.
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IN RE:
REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF
AGENDA ITEMS
Supervisor McNamara requested and received Board consensus to move
Board comments to the end of the agenda today and also in the future.
Supervisor Nickens added two Executive Session items pursuant to Section
2.1-344 A (3) sale of real estate, well lot; Section 2.1-344 (A) (7) pending litigation
regarding Home Depot rezoning.
INRE:
PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND AWARDS
1... Presentation from the American Federation of Musicians to the
Roanoke Countv Parks and Recreation Department for their
assistance at VALLEYFEST Music Festival held at Green Hill
Park in Auaust. (Adrian Willis. President of the American
Federation of Musicians.
Mr. Willis presented plaques to Pete Haislip, Parks & Recreation Department
Director, and Eddie Ford, Parks and Recreation Special Events.
2. Presentation of $5.000 donation to Roanoke County bv the
Marine Corps from Droceeds of the Third Annual Mud Run at
Green Hill Park. (CaDtain Ted Adams. U. S. Marines)
The check was presented to Chairman Johnson, Parks and Recreation
October 13,1998
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Director Pete Haislip, and Special Events Coordinator Ricky Showalter. Mr. Showalter
updated the Board on the improvements at Camp Roanoke. Captain Adams reported that
there were over 1,000 participants in the Mud Run this year. Mr. Haislip announced that
Captain Adams is being transferred and Supervisor Harrison responded that he hoped that
his replacement would continue with the Mud Run.
IN RE:
NEW BUSINESS
1... Request for appropriation of $22.790 to the Commonwealth of
Virginia DeDartment of Environmental Quality. for final cost share
payment for Matthews Electroplating Superfund remediation
Proiect. (Paul Mahoney. County Attornev)
A-101398-1
Mr. Mahoney reported that this appropriation would close out the SuperFund
remediation project at the Matthews Electroplating site in west Roanoke County, also
called the Big Hill Water Project. The electroplating facility released and discharged heavy
metals into the groundwater and the EPA decided that the solution was to supply public
water to those with contaminated wells. The EPA has determined that the County still
owes this final payment of $22,790. A letter dated November 29, 1983, from the County
committed the County to pay for the cost of engineering and construction associated with
enlarging the proposed water extension to this area, and a letter dated May 10, 1984, from
the County to DEQ confirmed that the County allocated $300,000 for its share of the costs
for the project. The Finance Department has reviewed County payment records and
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determined that the County paid $200,000 for this project to the Commonwealth of Virginia.
Staff has attempted to investigate further, but some of the records were destroyed in the
1985 flood, and it appears that the County does owe the money.
Supervisor Minnix inquired whether the County could request that our
delegates petition to the state for forgiveness of the $22,790. Supervisor Mahoney
advised affirmatively, but Supervisor Nickens pointed out that after 15 years, the bill is not
too high.
Supervisor Harrison moved to approve the $22,790 appropriation from the
Board Contingency Fund. The motion carried by the following recorded vote:
AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
NAYS: None
2. Approval and authorization of the execution of the Consent
Decree with the United States of America on behalf of the
Environmental Protection Agency Dursuant to the
Comprehensive Environmental ResDonse. Compensation. and
Liability Act in connection with the Palmerton Zinc Pile
Superfund Site. (Paul Mahoney. County Attorney)
A-101398-2
Mr. Mahoney explained that the County and Roanoke Electric Steel arranged
for the transportation of hazardous materials from Dixie Caverns to other sites owned and
operated by Horsehead Industries. The materials were subsequently transported to the
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Palmerton Zinc Pile Superfund Site in Palmerton, Pennsylvania. The Environmental
Protection Agency has notified the County of the settlement. The share of the settlement
for the County and Roanoke Electric Steel is $12,100.20, which will be paid by Horsehead
which had established an escrow account to pay all of these allocations.
Mr. Mahoney requested that the Board authorize the County Administrator
to execute the Consent Decree.
Supervisor Harrison moved to approve execution of the Consent Decree.
The motion carried by the following recorded vote:
AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
NAYS: None
IN RE: FIRST READING OF ORDINANCES
1... First readinc of ordinance authorizing quitclaim and release of
a water and sanitary sewer easement within the cul-de-sac of
Otter Park Court and located between Lot 8. Block 2. Section 3
and Tract A-1. Block 2. Section 3 of the Groves. in the Cave
SDring Magisterial District. (Arnold Covey. Director of
Community Development)
Mr. Covey advised that in July 1993, Roanoke County obtained from
Nicholas H. and Susan Cocke Beasley a 20 foot water and sewer easement for the
development of the County's south loop water transmission line. Soon thereafter, Palm
Land Company, L.C. purchased the Beasley property for the development of a single
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family subdivision. In order for Otter Park Court to be accepted into the state secondary
road system, VDOT requires that the right-of-way be free and clear of any third party rights
or encumbrances. The quitclaim and release of the subject portion of the water and
sanitary sewer easement would be subject to VDOT issuing a permit for such facilities and
the condition that the facilities located within the 50-foot right-of-way may continue to
occupy the street in the existing condition and location.
There was no discussion and no citizens to speak on this issue.
Supervisor Minnix moved to approve the first reading and set the second
reading for October 27, 1998. The motion carried by the following recorded vote:
AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
NAYS: None
2. First readina of ordinance to vacate a 6-foot portion of a 60-foot
unimproved right-of-way referred to as Thomas Drive as
recorded in Plat Book 9. Paae 179. located in the Catawba
Magisterial District. (Arnold Covey. Director of Community
Development)
Mr. Covey reported that the petitioner, Thomas, Ltd. desires to vacate the
6-foot portion of the Thomas Drive right-of-way due to the encroachment of the house on
Lot 18-A constructed within the 30-foot front yard setback building line. The property will
be added to the lot providing the existing house with the required 30 feet of front yard
setback. The petitioner has agreed to dedicate additional right-of-way and revise the
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October 13,1998
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construction plans in order to maintain Roanoke County and VDOT standards for the
future extension of Thomas Drive.
In response to questions from Supervisor Nickens, Mr. Covey explained this
was not the fault of the builder, and that the developer will pay the legal fees and all costs
to correct the mistake.
Supervisor Harrison moved to approve the first reading and set the second
reading and public hearing for October 27, 1998. The motion carried by the following
recorded vote:
AYES:
NAYS:
Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
None
3. First readina of ordinance enactina Sections 10-9.1. 2 3. and 4 in
Article I of ChaDter 10 Licenses of the Roanoke County Code to
incoroorate and conform with recent General Assembly
legislation regarding limitation on gross receipts for pari-mutuel
wagerinQ. real estate brokers. providers of funeral services. and
staffim;l firms for business. professional and occupational
license tax purDoses. (Vickie Huffmanm. Assistant Countv
Attornev)
Ms. Huffman advised that on July 1, 1998, the General Assembly approved
changes to Chapter 37, Section 58, which limits gross receipts in determining business,
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professional and occupational license (BPOL) taxes due from the following businesses:
pari-mutuel wagering, real estate brokers, providers of funeral services, and staffing firms.
As a result, certain receipts are excluded from the collection of BPOL taxes. The County
is recommending that these specific limitations be incorporated into the County Code. It
is estimated that there will be a possible $40,000 reduction in annual revenue as a result
of these changes.
Supervisor Nickens moved to approve the first reading and set the second
reading and public hearing for October 27, 1998. The motion carried by the following
recorded vote:
AYES:
NAYS:
Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
None
APPOINTMENTS
1... LeaQue of Older Americans - Advisory Council
Supervisor McNamara asked if there were volunteers who were willing to
serve on this advisory council.
IN RE:
Chairman Johnson asked Clerk Mary Allen to send a letter of appreciation
to Mr. Dee Pincock.
IN RE: CONSENT AGENDA
R-101398- 3. R-101398-3.b. R-101398-3.c. R-101398-3.d. R-101398-3.e
Supervisor Minnix moved to adopt the Consent Resolution. The motion
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carried by the following recorded vote:
AYES:
Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
NAYS:
None
RESOLUTION 101398-3 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
October 13, 1998 designated as Item I - Consent Agenda be, and hereby is, approved
and concurred in as to each item separately set forth in said section designated Items 1
through 6, inclusive, as follows:
1. Approval of Minutes for August 18, 1998.
2. Confirmation of committee appointment to the Grievance Panel.
3. Resolution requesting the acceptance of new portions of Old Cave
Spring Road, Crystal Creek Drive, Pleasant Hill Drive to the
Virginia Department ofTransportation Secondary System; and
abandonment of those portions of the above roads and Route 221
(Brambleton Avenue, Bent Mountain Road) which no longer serve
public need.
4. Resolution requesting the acceptance of new portions of Valley
Forge Avenue, Concord Place, Bunker Hill Drive, Valley Forge
Circle to the Virginia Department of Transportation Secondary
System, and abandonment of those portions of the above roads
which no longer serve public need.
5. Resolution requesting the acceptance of new portions of West
River Road and Dry Hollow Road to the Virginia Department of
Transportation Secondary System, and abandonment of those
portions of the above roads which no longer serve public need.
6. Resolution requesting the acceptance of Starlight Lane to the
Virginia Department of Transportation Secondary System and
abandonment of those portions of the above road which no longer
serves public need.
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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 101398-3.b TO REQUEST THAT THE VIRGINIA
DEPARTMENT OF TRANSPORTATION ADD INTO THE SECONDARY
SYSTEM OF STATE HIGHWAYS NEW PORTIONS OF EXISTING
ROUTE 1663 (OLD CAVE SPRING ROAD), ROUTE 897 (CRYSTAL
CREEK DRIVE) AND ROUTE 1548 (PLEASANT HILL DRIVE)AND
ABANDON THOSE PORTIONS OF ROUTE 1663 (OLD CAVE SPRING
ROAD), ROUTE 1548 (PLEASANT HILL DRIVE) AND ROUTE 897
(CRYSTAL CREEK DRIVE) AND ROUTE 221 (BRAMBLETON
AVENUE, BENT MOUNTAIN ROAD) WHICH NO LONGER SERVE THE
PUBLIC NEED.
WHEREAS, Route 221, from 0.139 miles south of Route 419 to 1.860
miles south of Route 419, a distance of 1.721 miles, has been altered and a new road
has been constructed under Project 0221-080-107, C-501, and
WHEREAS, the Virginia Department of Transportation has provided the
Board with a project sketch dated August 25, 1994, depicting the additions and
abandonments required in the primary and secondary system of state highways as a
result of this project, which sketch is attached hereto and hereby incorporated herein by
reference, and
WHEREAS, the new road serves the same citizens as those portions of
old road identified by the project sketch to be abandoned and those segments no
longer serve a public need, and
NOW, THEREFORE, BE IT RESOLVED, that this Board requests the
Virginia Department of Transportation to add Sections #6, 13, 24, and 26, shown
shaded on the project sketch, to the secondary system of state highways, pursuant to
§33.1-229 of the Code of Virginia; and
BE IT FURTHER RESOLVED, this Board hereby abandons Sections #5,
12,23 and 25, shown cross-hatched on the project sketch, as part of the secondary
system of state highways, pursuant to §33.1-155, Code of Virginia; and
BE IT FURTHER RESOLVED, that this Board hereby concurs in the
abandonment of Sections #1, 2, 3 and 4, shown stippled on the project sketch, as part
of the primary system of state highways, by resolution of the Commonwealth
Transportation Board, pursuant to §33.1-148, Code of Virginia, and
BE IT FURTHER RESOLVED, that a certified copy of this resolution be
forwarded to the Resident Engineer for the Virginia Department of Transportation.
October 13, 1998
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Recorded Vote
Moved By:
Seconded By:
Yeas:
Nays:
Absent:
Supervisor Minnix
None Reouired
Supervisors McNamara. Minnix. Harrison Nickens. Johnson
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None
RESOLUTION 101398-3.c TO REQUEST THAT THE VIRGINIA
DEPARTMENT OF TRANSPORTATION ADD INTO THE SECONDARY
SYSTEM OF STATE HIGHWAYS NEW PORTIONS OF ROUTE 1520
(VALLEY FORGE AVENUE) AND ROUTE 1602 (CONCORD PLACE,
BUNKER HILL DRIVE, VALLEY FORGE CIRCLE) AND ABANDON THOSE
PORTIONS OF ROUTE 1520 (VALLEY FORGE AVENUE) AND ROUTE
1602 (CONCORD PLACE, BUNKER HILL DRIVE, VALLEY FORGE
CIRCLE) WHICH NO LONGER SERVE THE PUBLIC NEED.
WHEREAS, Route 1602, from the intersection of Route 221 to 0.035 miles
west of Route 682, a distance of 0.133 miles, has been altered by the Virginia Department
of Transportation and a new road has been constructed under Project 1602-080-248, and
WHEREAS, the Virginia Department of Transportation has provided the
Board with a project sketch dated October 31, 1994, revised dated March 21, 1995,
attached hereto and incorporated herein by reference depicting the additions and
abandonments required in the secondary system of state highways as a result of this
project; and
WHEREAS, the new road serves the same citizens as those portions of old
road identified in the project sketch to be abandoned, and those segments no longer serve
a public need, and
NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of
Roanoke County, Virginia, requests the Virginia Department of Transportation to add
Sections #4,5,7,8 and 10, shown shaded on the project sketch, to the secondary system
of state highways, pursuant to §33.1-229 of the Code of Virginia, and
BE IT FURTHER RESOLVED, that the Board of Supervisors of Roanoke
County, Virginia, hereby abandons Sections #1, 2, 3, 6, and 9, shown cross-hatched on
the project sketch, as part of the secondary system of state highways, pursuant to §33.1-
155 of the Code of Virginia, and
BE IT FINALLY RESOLVED, that a certified copy of this resolution be
forwarded to the Resident Engineer for the Virginia Department of Transportation.
Recorded Vote
Moved By:
Seconded By:
Supervisor Minnix
None Required
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Yeas:
Nays:
Absent:
Supervisors McNamara. Minnix Harrison. Nickens. Johnson
None
None
RESOLUTION 101398-3.d TO REQUEST THAT THE VIRGINIA
DEPARTMENT OF TRANSPORTATION ADD INTO THE SECONDARY
SYSTEM OF STATE HIGHWAYS NEW PORTIONS OF EXISTING ROUTE
639 (WEST RIVER ROAD) AND ROUTE 649 (DRY HOLLOW ROAD) AND
ABANDON THOSE PORTIONS OF ROUTE 639 (WEST RIVER ROAD)
AND ROUTE 649 (DRY HOLLOW ROAD) WHICH NO LONGER SERVE
THE PUBLIC NEED.
WHEREAS, Route 639, from 0.303 miles east of intersection of Route 11 and
Route 460 to 0.049 miles east of Route 649, a distance of 0.376 miles, has been altered
by the Virginia Department of Transportation and a new road has been constructed under
Project 0639-080-201, C-501, and
WHEREAS, the Virginia Department of Transportation has provided the
Board with a project sketch dated December 29, 1994, attached and incorporated herein
as a part of this resolution, which defines additions and abandonments required in the
secondary system of state highways as a result of this project, and
WHEREAS, the new road serves the same citizens as served by those
portions of old road identified in the project sketch to be abandoned, which portions no
longer serve a public need, and
NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of
Roanoke County, Virginia, requests the Virginia Department of Transportation to add
Sections #4, 5, 6, and 7, shown shaded on the project sketch, including new structure
#6054, to the secondary system of state highways, pursuant to §33.1-229 of the Code of
Virginia, and
BE IT FURTHER RESOLVED, that the Board of Supervisors of Roanoke
County, Virginia, hereby abandons Sections #1, 2, and 3, shown cross-hatched on the
project sketch, including old structure #6054, which no longer serves the public need, from
the secondary system of state highways, pursuant to §33.1-155 of the Code of Virginia,
and
BE IT FINALLY RESOLVED, that the Board of Supervisors of Roanoke
County, Virginia, orders that a certified copy of this resolution be forwarded to the Resident
Engineer for the Virginia Department of Transportation.
Recorded Vote
Moved By:
Seconded By:
Yeas:
Nays:
Absent:
SUDervisor Minnix
None Reauired
Supervisors McNamara Minnix. Harrison. Nickens Johnson
None
None
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RESOLUTION 101398-3.e TO REQUEST THAT THE VIRGINIA
DEPARTMENT OF TRANSPORTATION ADD INTO THE SECONDARY
SYSTEM OF STATE HIGHWAYS NEW PORTIONS OF EXISTING ROUTE
615 (STARLIGHT LANE) AND ABANDON THOSE PORTIONS OF ROUTE
615 WHICH NO LONGER SERVE THE PUBLIC NEED.
WHEREAS, Route 615, from 0.90 miles south of Route 613 to 1.00 miles
south of Route 613, has been altered by the Virginia Department of Transportation and a
new road has been constructed under Project 0615-080-230, M-501, B-671 , and
WHEREAS, the Virginia Department of Transportation has provided the
Board with a project sketch dated October 12, 1994, depicting the additions and
abandonments required in the secondary system of state highways as a result of this
project, which sketch is attached hereto and is hereby incorporated herein by reference,
and
WHEREAS, the new road serves the same citizens as those portions of old
road identified by the sketch to be abandoned and those segments no longer serve a
public need, and
NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of
Roanoke County, Virginia, requests the Virginia Department of Transportation to add
Sections #3 and #4, shown shaded on the project sketch, including new structure #6021,
to the secondary system of state highways, pursuant to §33.1-229 of the Code of Virginia,
and
BE IT FURTHER RESOLVED, that the Board of Supervisors of Roanoke
County, Virginia, hereby abandons Sections #1 and #2, shown cross-hatched on the
project sketch, including old structure #6021, as part of the secondary system of state
highways, pursuant to §33.1-155 of the Code of Virginia, and
BE IT FINALLY RESOLVED, that a certified copy of this resolution be
forwarded to the Resident Engineer for the Virginia Department of Transportation.
Recorded Vote
Moved By:
Seconded By:
Yeas:
Nays:
Absent:
Supervisor Minnix
None Required
Supervisors McNamara. Minnix Harrison. Nickens. Johnson
None
None
INRE:
REPORTS
Supervisor Johnson moved to receive and file the following reports. The
motion carried by a unanimous voice vote.
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1... General Fund UnaDDroDriated Balance
2. Capital Fund UnapproDriated Balance
3. Board Contingency Fund
4. Future School Capital Reserve
5. Proclamations sianed by the Chairman
6. Statement of Treasurer's Accountability per investments and
Portfolio Policy as of SeDtember 30.1998.
IN RE:
EXECUTIVE SESSION
At 3:40 p.m., Supervisor Johnson moved to go into Executive Session
pursuant to the Code of Virginia Section 2.1-344 A (3) sale of real estate, well lot; and
Section 2.1-344 (A) (7) pending litigation regarding Home Depot rezoning. The motion
carried by the following recorded vote:
AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
NAYS: None
IN RE: CERTIFICATION RESOLUTION
R-101398-4
At 4:45 p.m., Supervisor Johnson 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
October 13, 1998
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NAYS: None
RESOLUTION 101398-4 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:
WORK SESSIONS
1... Work Session with Rescue Chiefs concernina charaing for EMS
Calls
The work session was held from 4:45 p.m. until 5:45 p.m. and was presented
by Rescue Chiefs Joe Coyle and Lee Bibb.
Mr. Hodge explained that several years ago, fire and rescue volunteers
requested 30 additional staff. At that time, several additional people were hired. Staff
decided to look at a way to increase funding by charging a fee for rescue calls in order to
hire the staff requested by the volunteers. Fire and Rescue Chief Rick Burch was asked
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to study the issue and meet with the Rescue Chiefs and bring back a report. There was
concern expressed about the impact on the volunteer fund raising efforts, and Mr. Hodge
explained that information from their audits could be used to hold them harmless from any
loss. It is estimated that about $500,000 net revenue could be raised annually by charging
the fee.
The members of the Task Force were introduced. Lee Bibb, chair of the
Task Force, explained that the group looked at and evaluated several different plans that
are currently in effect in Virginia and outside of the state. They evaluated the plan of
charging insurance companies similar to Roanoke City's policy. They looked at other
plans and found that some of these plans failed because of the cost to implement them
and the localities were not able to raise additional volunteer funds. There are three
possible options: (1) charging insurance companies; (2) charging a fee on telephone
service; and (3) instituting a flat tax. Mr. Bibb reported that the Task Force felt that the
telephone charging system would be the most desired. There was no support for charging
insurance companies. Joe Coyle, Chair of the Rescue Chiefs Board emphasized that the
volunteers were strongly opposed to charging for rescue calls and they would lose
volunteers if that option is chosen.
Supervisor McNamara suggested a study to determine the level of service
that the County wished to offer, but Supervisor Nickens responded that the County has
already had four or five studies and all pointed out the need for additional revenue.
October 13, 1998
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Following additional discussion, the rescue chiefs indicated that they will
support a flat tax or a telephone tax, but not charging for the emergency medical services
calls.
It was the consensus of the Board that Mr. Hodge and Chief Rick Burch will
work with the rescue chief to bring back a plan that can be implemented in the next budget
process.
2. Six Year Secondary System Construction Plan for fiscal vear
1999-2005 and review of Revenue Sharina Prioritv List for 1999-
2000.
The work session was held from 5:45 p.m. until 6: 1 0 p.m. and was presented
by Arnold Covey. Also present were County Engineer Steve Barger and VDOT Resident
Engineer Jeff Echols. He reported that Roanoke County's allocation this year is estimated
to be approximately $3.5 million, and $2.8 million per year over the next five years. There
are three funding categories in the six-year plan: Countywide items, Incidental Items and
Numbered Projects. Under Countywide Items, the County has included $175,000 for rural
additions and $225,000 for traffic signs and entrance culverts. They anticipate receiving
$3.1 million to be allocated toward reconstruction. Mr. Covey noted the changes included
in this year's six year plan.
Mr. Covey also presented proposed procedures for the installation of "Watch
for Children" signs and a proposed policy for rural additions.
It was the consensus of the Board to approve the proposed policy for "Watch
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for Children" signs with review and approval by the Community Development Department
and the requesting citizens paying 100% of the cost. However, the Virginia Department
of Transportation will make final determination.
IN RE:
IN RE:
0-101398-5
EVENING SESSION
At 7:00 p.m., the Board returned to the regular session.
PUBLIC HEARING AND SECOND READING OF ORDINANCES
1... Second readina of ordinance to rezone approximatelv 20 acres
from R-1. R-2 and C-2 conditional to C-1 and C-2. General
commercial. for the Durpose of general retail and service uses
(Home Depot!. located in the vicinity of Brambleton Avenue
(Route 221) and Electric Road (Route 419). Cave Spring
Magisterial District. upon the petition of Roanoke County Board
of Supervisors. (Elmer C. Hodge. County Administrator)
Mr. Hodge explained that this was a rezoning request and will be conducted
similar to all rezonings. The staff will present an overview of the petition and an evaluation
of the proposal. Roanoke County is the petitioner for the rezoning, although it has been
referred to as the Home Depot rezoning. Mr. Hodge emphasized that it was important
to keep in mind that Home Depot is an outstanding company, that people have willingly
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sold their property, that the County has committed to improving traffic conditions in the
area and that the rezoning is consistent with the Comprehensive Plan. He outlined the
steps that were taken since last spring on the rezoning, including purchasing property for
road access, and meeting with the neighbors. Mr. Hodge advised that if the rezoning is
approved, he would like to establish a committee of residents from the community to work
with Home Depot and the staff to follow through on the commitments that have been made.
Tim Gubala, Economic Development Director presented an overview of the
process his office went through in qualifying Home Depot as an economic development
prospect. He explained that Home Depot contacted the County in April looking for land
to locate a 132,000 square foot facility. The Economic Development Department studied
the records of Home Depot and estimated revenue projections at $597,000. Home Depot
must enter into a Performance Agreement with the County and meet the $40 million goal
or the County will be repaid.
County Planner Terry Harrington reviewed the Planning Commission
involvement in the project. He noted that the property was listed as Core in the 1985
Future Land Use Map, and was designated as Core in the 419 Frontage Development
Plan in 1987. The 419 plan also made policy recommendations concerning development
in the Route 419 corridor. The Planning Commission held a public hearing on August 4,
and scheduled a work session for August 17. On August 17, the Planning Commission
reported that they felt this was an appropriate use of the land and recommended approval
of the rezoning request. They further recommended that the ordinance include eleven site
characteristics that must be achieved in order for the ordinance to be effective.
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Ed Ogletree from Home Depot described Home Depot and presented a video
on the company. He advised that the Route 419-221 site was the only suitable site they
found for the store. Bill Oswell, an architect working with Home Depot, presented the site
plans for the proposed store. He reported that there will be 108,400 square feet of interior
space and a 22,000 square foot garden center. He described the plans as follows: (1) the
site will be graded flat and there will be a substantial number of retaining walls; (2) there
will be a stormwater detention pond and a truck waiting area; (3) access will be off Route
419 and they are negotiating with VDOT on signalization; (4) there will be a second access
in the rear for truck access and a cui de sac at the end of Westmoreland; and (5) in
addition to the retaining walls, there will be a six foot rise stockade fence to block the store
view from the residents.
County Engineer Steve Barger explained that they developed three options
for the entrance on Route 221 and all three are feasible but VDOT has not yet made a final
ruling. In response to a question from Supervisor Johnson, Mr. Barger advised that VDOT
could deny access from Route 221.
Steve Aldrich, Home Depot, reported that he was working with VDOT to study
the full impact of the additional traffic. He looked at the existing traffic and conducted
traffic counts at the intersection. He reported that there are 30,000 trips per day on Route
419 and 25,000 trips per day on Brambleton Ave (Route 221). They estimate that there
will be 2,300 customers per day with 85% being new trips. Fifty percent would come from
Route 221 and fifty percent would come from Route 419. He presented a grading scale
comparing traffic now to 1999 after Home Depot is built and there is additional
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October 13,1998
683
signalization. In response to questions from Supervisor Nickens, Mr. Aldrich advised that
the traffic count was done during the middle of the week, and that the hours of operation
for Home Depot will be 6 a.m. to 9 p.m.
Ed Natt, attorney representing Springwood Associates, advised that every
parcel of land that was purchased was sold voluntarily and was handled by contract or
option to purchase. He indicated that some individuals offered their property for as much
as five times more than their assessed value. He pointed out that this was an appropriate
use of the land which was designated as Core and encourages C-2 zoning. He also noted
that with signalization, traffic flow would improve as indicated by Mr. Aldrich's grading
scale. Mr. Natt reviewed other C-2 rezonings in the area from the 1980's to the present
time.
Bill Axcelle, an attorney representing a group from the Cave Spring area who
were opposed to the rezoning, explained they did not wish to sue the County and
requested that the Board withdraw the rezoning request. He pointed out that the County
filed the petition instead of Home Depot, and that the Board first denied the request then
reconsidered and approved it without another public hearing. He outlined some of his
groups opposition as follows: (1) questions regarding how Supervisor Johnson eliminated
his conflict of interest by giving up the commissions on the sale of the parcels involved in
the Home Depot location and seeking the opinion of the County Attorney instead of the
Commonwealth's Attorney to vote on the issue; (2) determining their rezoning vote on the
proposed tax revenues that might be generated; (3) the negative impact of the additional
traffic and the lack of a full traffic analysis at the intersection; (4) the affect to the residents
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October 13, 1998
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living on Hidden Lane and Westmoreland by the road realignment; (5) while part of the
proposed rezoning is designated as Core land use, the use is not in conformance with the
policies recommended in the 419 road frontage plan; (6) A Home Depot warehouse is not
compatible with other office buildings and retail stores built in the area; (6) 20 businesses
will be displaced by Home Depot and others will be negatively impacted; and (7) the
proposed Home Depot is too large for the land and is not the appropriate place or land
use.
Other citizens speaking in opposition were:
1. Susanne Seth. 342 Westmoreland Drive. co-chair of the Cave Spring
Citizen Group,
2. William Beane. 4023 Hidden Lane
3. Doua Basham. 3540 Westbrair Court, co-chair of the Cave Springs
Citizens Group
4. Loy King. 3271 Rasmont Road
5. W. T. Hubbard. 3339 Fleetwood Avenue
6. Vern Jolley. 3110 Harmony Road
7. Louis M. Scutellaro. 7198 Hollyberry Road
8. Barbara Burnett. 4816 Brookwood Drive
9. Patricia Meador. 3812 Antietam Drive
10. Hal Jones. 3734 Thompson Lane
11. David S. Courey. 3419 Ashmeade Drive
October 13, 1998
685
12. Greaorv Allen Faaa. 8398 Bradshaw Road
13. Richard Baldwin. 3326 Westmoreland Drive
14. Marv MacMichael. 3551 Forester Road
15. Ruth L. Moseley. 3425 Greencliff Road
16. Paul Bell. 2705 Hillbrook Drive
17. Yvonne Johnson. 3515 PODlar Drive
18. Laurie Beane PerrY. 227 Brakton Avenue
19. Betty Tanner. 5214. Lipps Road
20. Mike Naughton. 3827 View Avenue
21. Steve Noble. 5376 Canter Drive
22. Carl Herbst. 7331 Carriage Hills Drive
23. Christie Smith. 3304 Woodland Drive
24. Brent Riley. 5280 Wade Road
25. Doug Hale. 3418 Westmoreland Drive
26. Robert Perdue. 4515 Girard Drive
27. James Davis. 2919 Dover Drive
28. Roberta Bondurant. 11577 Bottom Creek
Speaking in support on the rezoning were:
1. Renee Freeman. 4823 Merriman Road
2. Tommy Booze. 5604 Williamson Road
3. Reed B. McGhee. 1076 Quail Drive
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October 13, 1998
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4. Roaer Wickert. 4640 Mill View Court
5. Bob Freeman. 4823 Merriman Road. a partner in Springwood
Associates.
6. Allen C. Triaaer. 3519 Forrester Road
Supervisor Minnix asked what the operating hours would be. Mr. Ogletree
responded they will open at 6 a.m. Mr. Mahoney pointed out that Condition "D" calls for
trucks to remain in the waiting area from 10 p.m. to 6 a.m.
Supervisor Nickens advised that he continues to believe that the rezoning
is the best use of the land and that safety will improve at the intersection of Routes 419
and 221 as a result of the signalization. He moved to approve the second reading of the
ordinance.
Supervisor McNamara moved to amend condition "H" in the ordinance that
"the maximum height of any free standing sign installed on the property shall be measured
from the base elevation of Route 419," instead of "the abutting road grade nearest the
sign." The motion to amend the ordinance was approved.
Supervisor Minnix announced that he would vote against the rezoning.
Supervisor Johnson announced that he trusted the County Attorney's opinion that his
conflict of interest had been eliminated and that this issue would ultimately be settled in
court.
Supervisor Nickens moved to adopt the ordinance with Condition "H"
amended by Supervisor McNamara. The motion carried by the following recorded vote:
AYES: Supervisors Harrison, Nickens, Johnson
October 13, 1998
687
NAYS:
Supervisors McNamara, Minnix
ORDINANCE 101398-5 TO CHANGE THE ZONING CLASSIFICATION OF
A 20-ACRE TRACT OF REAL ESTATE LOCATED IN THE VICINITY OF
BRAMBLETON AVENUE (ROUTE 221) AND ELECTRIC ROAD (ROUTE
419) IN THE CAVE SPRING MAGISTERIAL DISTRICT FROM THE
ZONING CLASSIFICATION OF R-1, R-2, AND C-2 CONDITIONAL TO THE
ZONING CLASSIFICATION OF C-1 AND C-2 UPON APPLICATION OF
ROANOKE COUNTY BOARD OF SUPERVISORS
WHEREAS, by Resolution 071498-6 the Board of Supervisors initiated this
amendment to the zoning classification and zoning maps for this real estate; and,
WHEREAS, public necessity, convenience, general welfare and good zoning
practice require this amendment to the zoning ordinance and district maps to accomplish
these goals, and more particularly the change in zoning classification of certain real estate
to the zoning classification of C-2 General Commercial District; and,
WHEREAS, the Roanoke County Planning Commission held a public hearing
on this matter on August 4, 1998; and held another meeting on August 17, 1998, heard
from interested citizens, and recommended its approval of this rezoning;
WHEREAS, the first reading of this ordinance was held on July 28, 1998, and
the second reading and public hearing were held August 18, 1998; and,
WHEREAS, legal notice and advertisement has been provided as required
by law; and
WHEREAS, this ordinance was denied on August 18, 1998; and
WHEREAS, the denial of this ordinance was reconsidered and said
ordinance was adopted by the Board of Supervisors on September 8, 1998; and
WHEREAS, the Board of Supervisors held another public hearing, after due
legal notice and advertisement as required by law, on October 13,1998, and adopted this
ordinance.
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 20 acres, as described by tax map numbers herein, and located in the vicinity
of Brambleton Avenue (Route 221) and Electric Road (Route 419) in the Cave Spring
Magisterial District, is hereby changed from the zoning classifications of R-1, Low Density
Residential District; R-2, Medium Density Residential District; and C-2, General
Commercial District, Conditional, to the zoning classification of C-1, Office District, and C-
2, General Commercial District.
2. That this action is taken upon the application of the Roanoke County
Board of Supervisors.
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October 13, 1998
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3. (A) That the zoning classification of the real estate described by
tax map number in Table 1 is changed to the zoning classification of C-1, Office District
as follows: TABLE 1 - C-1 - OFFICE DISTRICT
Part of 77.13-5-12 Part of 77.13-5-61 77.13-5-57
77. 13-5-54 77.13-5-56 77.13-5-55
77 .13-5-53 77. 13-5-52 77.13-5-58
(B) That the zoning classification of the real estate described by
tax map number in Table 2 is changed to the zoning classification of C-2, General
Commercial District as follows:
TABLE 2 - C-2 - GENERAL COMMERCIAL DISTRICT
77.13-5-31 77.13-5-30 77.13-5-35
Part of 77 .13-5-37 77.13-5-39 77.13-5-38
Part of77.13-5-40 77.13-5-43.1 77.13-5-47
77 .13-5-48 77.13-5-49 77.13-5-60
77. 13-5-51 77. 13-5-50 77.13-5-43.2
77.13-5-58.1 77.13-5-62 77. 1 3-5-59
Part of 77.13-5-61
4. That this ordinance shall be in full force and effect thirty (30) days
after (I) Home Depot becomes the fee simple owner of the real estate described in
Paragraph 3 (B), Table 2 of this ordinance and (ii) Home Depot subsequently agrees in
writing to the following conditions pertaining to the design and use of the site:
(A) Westmoreland Drive shall be realigned and redesigned to
provide for certain traffic control measures that will prevent
commercial traffic from entering the residential neighborhood
adjoining the real estate identified in Table 2.
(B) The intersection of the realigned Westmoreland Drive and
Brambleton Avenue shall be located to create a four-way
intersection between Westmoreland Drive and the private
drive serving Cave Spring Corner Shopping Center.
(C) A 20-foot wide buffer strip shall be located on the Home Depot
property along the common property lines with Tax Parcels
October 13, 1998
689
77.13-5-53, 54, 55, and 56. A six-foot stockade fence shall be
installed within this buffer. A private access drive serving the
above-referenced parcels shall be allowed to be constructed
within the buffer.
(D) Final site plan for the Home Depot site shall designate a "truck
waiting area" located in front of the building. All trucks shall
remain within the "truck waiting area" between the hours of 10
p.m. and 6 a.m.
(E) Sound from any speaker located on the exterior of the building
or within the Garden Center shall not exceed 65 Dba at any
residential property line.
(F) No parking lot pole lighting shall exceed 22 feet above grade.
(G) No off-premises advertising signs shall be allowed on the
property.
(H) The maximum height of any free standing sign installed on the
property shall be measured from the base elevation of--lfte
abutting read grade naare3t the sign Route 419.
(I) All retaining walls constructed on the property shall be
constructed of split-faced architectural block.
(J) The property shall be developed in general conformance with
the conceptual site plan entitled "The Home Depot South
Roanoke, Virginia, VA-71e" dated 3/20/98, revised through
8/14/98.
(K) The developer shall prepare and the Virginia Department of
Transportation shall accept a traffic impact study of the
proposed use prior to the approval of final site plans for the
project.
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.
5. That it is hereby declared to be the intention of the Board of
Supervisors that the provisions of this ordinance are not severable, and if any portion or
provision of this ordinance shall be declared unconstitutional or invalid by a valid
judgement or decree of a Court of competent jurisdiction, this ordinance shall be null and
void in its entirety.
On motion of Supervisor Nickens to adopt the ordinance with paragraph H
amended by Supervisor McNamara, and carried by the following recorded vote:
AYES: Supervisors Harrison, Nickens, Johnson
NAYS: Supervisors McNamara, Minnix
690
October 13, 1998
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IN RE:
SECOND READING OF ORDINANCES
1... Second readina of ordinance to exercise an option with Kenneth
Keenev and Catherine Keeney to Durchase approximately 0.254
acres on Westmoreland Avenue in connection with an economic
development proiect located off Routes 419 and 221. (Joyce
Waugh. Assistant Director of Economic DeveloDment)
0-101398-6
There was no discussion and no citizens to speak. 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 101398-6 APPROVING THE EXERCISE OF AN OPTION TO
PURCHASE AGREEMENT WITH KENNETH A. KEENEY AND CATHERINE
L. KEENEY FOR 0.254 ACRE, MORE OR LESS, (BEING IDENTIFIED AS
COUNTY TAX MAP PARCEL 77.13-5-31)
WHEREAS, by Resolution 071498-7, the Board of Supervisors of Roanoke
County approved the Option to Purchase Agreement dated July 14, 1998, with Kenneth
A. Keeney and Catherine L. Keeney for an option to purchase 0.254 acre, more or less,
being further shown on the Roanoke County land records as Tax Map Number 77.13-5-31
("the Property"); and,
WHEREAS, under the terms of said agreement, the purchase price for the
Property is $125,000, and the option must be exercised on or before January 9, 1999; and,
WHEREAS, the agreement provides for settlement within 60 days from the
date of notice of exercise of the Option by the Board of Supervisors; and
WHEREAS, the property is necessary for the construction of the proposed
Home Depot commercial development project, and the funds are available in the Economic
Development Public/Private Partnership account; and
WHEREAS, Section 18.04 of the Roanoke County Charter directs that the
acquisition and conveyance of real estate interests be accomplished by ordinance; the first
October 13,1998
691
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reading of this ordinance was held on September 22, 1998; the second reading was held
on October 13, 1998.
THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That the County Administrator is hereby authorized to exercise the
option to purchase from Kenneth A. Keeney and Catherine L. Keeney following described
real estate, to-wit:
All that certain tract or parcel of land, together with any improvements
thereon, rights incident thereto, and appurtenances thereunto belonging,
situate in the Cave Spring Magisterial District of the County of Roanoke,
Virginia, containing 0.254 acres, more or less, and more particularly
described as follows:
Beginning at a point on the south side of Westmoreland Drive, which point
of beginning is the common corner to Lots 1 and 4, Section 6 as shown on
the map of Mount Vernon Heights, recorded in Plat Book 2, page 67, of the
records of the Clerk's Office of the Circuit Court for the County of Roanoke,
Virginia; thence leaving Mount Vernon Heights and along and with the west
line of Lot 4, S. 10 deg. 03' W. 254.38 feet to a point; thence S. 72 deg. 32'
E. 31.65 feet to a point; thence along and with a new division line through
Lot 4, N. 15 deg. 48' 51" E. 247.99 feet to a point on the south side of
Westmoreland Drive; thence along and with the south side of Westmoreland
Drive, N. 68 deg. 11' W. 57.5 feet to the point of Beginning, and being the
western portion of Lot 4, Section 6, of said Mount Vernon Heights
Subdivision, and designated as New Lot 4-A as shown on plat of survey
made by Jack G. Bess, CLS, dated January 3, 1991, recorded in the
aforesaid Clerk's Office in Deed Book 1335, page 1524.
Said real estate being further shown and designated upon the Roanoke
County land records as Tax Map Number 77.13-5-31, and having a street
address of 3319 Westmoreland Drive, SW, Roanoke, Virginia.
This being all of the same real estate acquired by the Grantor from the Cave
Spring First Aid and Rescue Squad, Inc., by deed dated 1/4/91, and
recorded in the Clerk's Office of the Circuit Court of Roanoke County,
Virginia, in Deed Book 1335, page 1522.
2. That the County Administrator or Assistant County Administrators are
hereby authorized to execute such documents and take such actions on behalf of Roanoke
County in this matter as are necessary to accomplish the exercise of the option, all of
which shall be approved as to form by the County Attorney.
692
October 13, 1998
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3. That the Board appropriates the sum of $134,000 from the Economic
Development Public/Private Partnership account for the acquisition of this real estate and
related expense.
4. That this ordinance shall be effective on and from the date of its
adoption.
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
INRE:
CITIZEN COMMENTS AND COMMUNICATIONS
1. Barbara Bushnell. 5204 Bearing Road. explained that both the Board
of Supervisors and School Board endorsed the Blue Ribbon Committee recommendation
for two small schools in South County. She asked if the Board members still supported a
small school. The Board members advised that they supported the small school concept
but did not have enough information to support a specific site.
2. Nancy Hughes, asked the Board members what they had done in the
past week towards completion of the South County High School.
IN RE:
REPORTS AND INQUIRIES OF BOARD MEMBERS
1. Supervisor Minnix: (1) He thanked Richard Baldwin for his letter
expressing concerns about access to and from Westmoreland Drive and asked that Mr.
Baldwin be kept informed. (2) He advised that a citizen asked about recycling costs and
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693
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that he thought that there was a payback from recycling newspapers. Supervisor Johnson
advised that it was not cost effective to recycle newspaper at this time, but it may be in the
future.
2. Supervisor Nickens: (1) He suggested that Mr. Baldwin serve on the
Home Depot Advisory Committee. (2) He noted that there is a tax on movies at theaters,
but none when videos are rented. He asked staff to look at the possibility of a short term
rental tax for the next budget process. (3) He attended the funeral for Darnall Vinyard and
advised that Mr. Vinyard served on the Industrial Development Authority for 25 years and
donated 86 acres of parkland to the County. Mr. Vinyard recently noted that for years to
come the parkland will be used by young people. He suggested that the County recognize
him in some way by a presentation to his wife. Supervisor Minnix also advised that Parks
and Recreation employee, William Harbor, recently passed away.
3. Supervisor McNamara expxlained that he felt that the Home Depot issue
has reached closure tonight even though it has been an unfortunate period in the County.
He emphasized that it would be counterproductive for citizens not to shop at the proposed
Home Depot store because the County needs to support all opportunities for increased tax
revenues.
INRE:
ADJOURNMENT
At 11 :10 p.m., Chairman Johnson adjourned the meeting.
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694
October 13, 1998
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Submitted by,
Approved by,
Y/L~AI. W~
Mary H. Allen, CMC/AAE
Clerk to the Board
/