10/22/1996 - Regular
October 22, 1996
7Y
Roanoke County Board of Supervisors
Roanoke County Administration Center
5204 Bernard Drive
Roanoke, virginia 24018
October 22, 1996
The Board of Supervisors of Roanoke County, Virginia, met
this day at the spring Hollow Water Treatment Facility, this being the
fourth Tuesday of October and a special meeting for the purpose of a
joint meeting with the Salem City Council.
IN RE:
WELCOME
Chairman Johnson welcomed the Salem city Council and staff
to the Spring Hollow Water Treatment Facility. Those present toured
the new facility. Following the tour, lunch was served.
IN RE:
CALL TO ORDER
Chairman Johnson called the meeting to order at 12:45 p.m.
The roll call was taken. Mayor Tarpley called the Salem city Council
to order.
MEMBERS PRESENT:
Chairman Bob L. Johnson, Vice Chairman Harry C.
Nickens, Supervisors Lee B. Eddy, Fenton F.
"Spike" Harrison
MEMBERS ABSENT:
Supervisor H. Odell "FuZZy" Minnix
712
October 22, 1996
STAFF PRESENT:
Elmer C. Hodge, County Administrator; Paul M.
Mahoney, County Attorney; Mary H. Allen, Clerk;
John M. Chambliss, Assistant County Administrator;
Don C. Myers, Assistant County Administrator;
Anne Marie Green, Director, Community Relations,
Diane Hyatt, Finance Director, Gary Robertson,
utility Director; Pete Haislip, Director of Parks
and Recreation; Timothy Gubala, Economic
Development Director
OTHERS PRESENT:
Salem City Mayor Carl E. Tarpley; Council Members
Alexander Brown, Howard Packett, Harry Haskins and
John Givens; Salem City Manager Randolph Smith,
Salem City Clerk Forest Jones
IN RE:
OPENING CEREMONIES
The
invocation
was
given
by
Assistant
County
Administrator John Chambliss.
Chairman Johnson expressed
appreciation to the City of Salem for their regional cooperative
efforts.
Mayor Tarpley indicated interest in having more joint
meetinga to look at areas that would benefit the residents of
both localities.
IN RE:
DISCUSSION OF ITEMS
~ Briefing on Spring Hollow Water Project
utility Director Gary Robertson briefed the Salem City
Council on the water treatment facility, advising that it was
designed by County staff, which saved considerable money. He
advised that the Spring Hollow Dam is the tallest roller
compacted concrete dam in the United States. He advised that at
October 22, 1996
71J
full pond the reservoir will hold a 100 day supply of water.
Mayor Tarpley advised that they have hired a consultant
to review their water needs and will look at various methods
including joining with Roanoke County. They will choose the most
cost efficient system.
h Update on Green Hill Park Master Plan for joint
use with City of Salem.
Parks and Recreation Director Pete Haislip described
the County's future plans for Green Hill Park. Mayor Tarply
responded that he thought Salem might be interested in entering
into a joint use agreement. Mr. Hodge responded that the master
plan could be reviewed jointly, along with civic leagues,
athletic organizations and residents in the community.
Supervisor Harrison indicated that his primary concern is use of
the fields, and the need to preserve the green space that is
currently available at the park. Councilman Packet suggested
that Montgomery County might also be interested in participation.
Mr. Haislip welcomed the opportunity to work with Salem on
improvements to Green Hill Park.
The Board of Supervisors invited the Salem City Council
to look at future joint use of the park. By unanimous recorded
vote, Salem City Council agreed to work with the County on the
future use of the park.
.L.
Discussion of potential
development projects.
joint
economic
114-
October 22, 1996
-
Supervisor Johnson suggested that the County and City
consider a joint economic development project, also possibly
including Montgomery County.
The localities could share in the
tax revenues.
There was consensus from both governing bodies
that County Administrator Elmer Hodge and City Manager Randy
smith will discuss this issue and bring back a report to their
respective governing bodies.
~ Discussion of Regional partnerships under the 1996
Regional competitiveness Act.
Supervisor Eddy advised that he had attended a meeting
at the Fifth Planning District Commission prior to this meeting
to discuss the incentives offered by the State under the act. He
reported that the $3 million will be available on July 1, 1997
for regional projects that meet the criteria.
Localities must
form a regional partnership to be eligible for the funds. He
presented a list of proposed regional projects that would qualify
for the funds.
IN RE:
ADJOURNMENT
At 2:00 p.m. Chairman Johnson adjourned the meeting.
Salem City Council also adjourned.
Submitted by:
~yt/-.~
Mary H. Allen, CMC
Clerk to the Board
-
October 22, 1996
715
Roanoke County Administration Center
5204 Bernard Drive
Roanoke, Virginia 24018
October 22, 1996
The Board of Supervisors of Roanoke County, Virginia, met
this day at the Roanoke County Administration Center, this being the
fourth Tuesday, and the second regularly scheduled meeting of the
month of October, 1996.
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 Lee B. Eddy, Fenton F.
"Spike" Harrison, 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;
Don C. Myers, Assistant County Administrator;
Anne Marie Green, Director, Community Relations
IN RE:
OPENING CEREMONIES
The invocation was given the Reverend steven W. Harris,
Baptist Childrens' Home. The Pledge of Allegiance was recited by
all present.
7~_
October 22, 1996
-
IN RE:
REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF
AGENDA ITEMS
Mr. Hodge added a new business item (5): resolution
authorizing conveyance of temporary grading and construction
easement at Mercy House Cemetery (Richfield Retirement
Community) .
IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND AWARDS
~ Recognition of the County of Roanoke by the Julian
Stanley Wise Museum.
Mr. J. Andree Brooke, Executive Director for the Julian
stanley Wise Museum, presented a resolution of appreciation to
Chairman Johnson.
h Presentation by the U. S. Marine Corps of Sl.000
donation for renovations to Camp Roanoke.
Captain Ted A. Adams, u. S. Marine Corps, presented the
check to Chairman Johnson and Parks and Recreation Director Pete
Haislip.
IN RE:
BRIEFINGS
~ Annual Report
Services Board.
from the Blue Ridge
(Fred P. Roessel. Jr..
community
Executive
Director)
Roanoke County Member Rita Gliniecki presented the
report. She advised that for each County tax dollar allocated to
October 22, 1996
7¥l
Blue Ridge Community Services, the County received $25 worth of
services. They also negotiated a contract with Central
Virginia Training Center to pay the salary of a case manager and
began contracting for psychological testing. Ms. Gliniecki also
reported on their involvement under the Comprehensive Services
Act, the substance abuse programs and violence prevention.
IN RE:
NEW BUSINESS
~ Authorization to update and readopt the Mutual
Assistance Agreement between the Roanoke County
Police . Department and the City of Salem Police
Department. (Police Chief John Cease)
A-102296-1
Chief Cease reported that the current agreement with
the City of Salem includes sections that have not been followed
including a semi-annual account of available resources, a
mobilization plan, mutual aid operational directives, and a semi-
annual meeting to review all mutual aid plans and provisions.
Both police chief recommends that these sections be deleted. The
remainder of the agreement has no changes. The Salem City Council
approved the amendments on September 23, 1996. In response to a
question from Supervisor Eddy, Chief Cease offered examples of
how the agreement worked. Chief Cease also advised that this
agreement is different than the one with Roanoke City.
Supervisor Harrison suggested expanding the agreement to one
7~.-
October 22, 1996
similar with the agreement with Roanoke city which includes day-
to-day mutual aid.
Mr. Hodge was directed to discuss wi th the City of
Salem an expansion of the agreement similar to the agreement with
Roanoke City.
Supervisor Johnson moved to approve the agreement. The
motion carried by the following recorded vote:
AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS: None
~ Request for funding and authorization to reaccept
into County Classification and Pay Plan two
emergency funded corrections officers funded by
the state Compensation Board. (Sheriff Gerald
Holt)
A-102296-2
Sheriff Holt advised that for fiscal year 1996-97, the
Sheriff's Office has received funding from the Compensation Board
to hire two corrections officers to deal with overcrowding
conditions. He requested that the Board appropriate the State
Compensation Board funding of $44,777 and appropriate $11,842
from the Board Contingency Fund for the County share of the
costs. He also requested including these positions in the
Classification and Pay Plan. These positions will be reevaluated
by the State in 1997-98.
Supervisor Eddy moved to approve the funding and
-
October 22. 1996
71:9
acceptance into the pay plan of the two emergency positions. The
motion carried by the following recorded vote:
AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS: None
h Request to readopt a Public Private Partnership
policy. (Tim Gubala. Economic Development
Director)
This request was continued until November 19, 1996 to
allow staff to refine the policy.
~ Request to extend lease for parking lot at the
Roanoke County Courthouse. (John willey. Property
Manager)
General Services Director William Rand reported that
the original term of the lease was for five years with an option
to review for an additional five year period. The option must be
exercised on or before January 31, 1997. The renewal would be on
the same terms and conditions with monthly payments of $863.56.
In response to questions from the Board members, Mr.
Rand advised that the parking lot is used very heavily, would
remain gravel because of drainage programs, and that the owner is
not interest in negotiating a purchase at this time.
Following discussion, this issue was continued to not
later than January, 1997 to allow staff to look at alternate
parking solutions rather than leasing.
720
October 22, 1996
-
h
Resolution authorizing the conveyance of a
temporary grading and construction easement on
property known as the Mercy House cemetery to
Richfield Retirement Communi ty
(Elmer Hodge,
County Administrator)
R-102296-3
Mr.
Hodge
explained
that
this
item
authorizes
conveyance of a temporary grading and construction easement on
real estate owned by the Board and known as Mercy House Cemetery
to Richfield Retirement Community in connection with the
development of the new Alzheimer I s Center.
The easement is to
provide adequate protection to the proposed building from the
stream that flows through the area and to stabilize the cemetery
property from further erosion.
Supervisor Minnix moved to adopt the resolution. The
motion carried by the following recorded vote:
AYES:
Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS:
None
RESOLUTION 102296-3 AUTHORIZING THE CONVEYANCE OF A
TEMPORARY GRADING AND CONSTRUCTION EASEMENT ON PROPERTY
KNOWN AS THE MERCY HOUSE CEMETERY TO RICHFIELD
RETIREMENT COMMUNITY
WHEREAS, the Board of Supervisors adopted Ordinance
#072396-9, authorizing an exchange of properties between the
County and Richfield Retirement Community (Richfield), with the
property to be acquired by Richfield being a parcel of land now
described as "NEW LOT 2B1" containing 4.824 acres, lying on
Daugherty Road (Va. Sec. Rte. 643), adjacent to the northerly
boundary of the County's Glenvar Library Property (a portion of
Tax Map No. 55.13-1-2), said property being designated on the
Roanoke County Land Records as Tax Map No. 55.09-1-20.2 and a
October 22, 1996
721
-
-
portion of 55.13-1-2; and,
WHEREAS, Richfield plans to combine this property with
an adjoining tract owned by Richfield (Tax Map No. 55.09-01-19)
for development of the Alzheimer's Center; and,
WHEREAS, in connection with this development and as
part of the exchange transaction, Richfield has requested
conveyance of a temporary grading and construction easement on a
portion of the real estate owned by the Board of Supervisors and
commonly referred to as the Mercy House Cemetery; and,
WHEREAS, the easement is requested to cover filling
operations, without excavation, in a section of the property
outside of the fenced gravesite area, to provide a proper level
of protection for Richfield's proposed building from flooding, to
address unsightly conditions, and to provide protection of the
cemetery and surrounding area from future erosion and damage
during high water conditions; and,
WHEREAS, Richfield's proposal would mutually benefit
Richfield and the County, and it would be in the best interest of
the County to grant the easement for the preservation and
improvement of the Cemetery property; and,
WHEREAS, section 18.04 of the County Charter requires
the adoption of an ordinance to acquire or convey an interest in
real estate; however, after such ordinance shall have taken
effect, all subsequent proceedings incidental thereto may be
taken by resolution of the Board; and,
WHEREAS, the County desires to grant the temporary
grading and construction easement in connection with the above-
described property exchange.
NOW, THEREFORE, BE IT RESOLVED by the Board of
Supervisors of Roanoke County that the County Administrator, or
an Assistant County Administrator, is hereby authorized to
execute the necessary documents to grant a temporary grading and
construction easement on a portion of the Mercy House Cemetery
property (Tax Map No. 55.09-01-18.1) as shown on Sheet 3 of the
plat entitled 'Resubdivision for County of Roanoke Showing the
Resubdivision of a 5.697 Ac. Tract and Lot 2B, Shamrock
Industrial Park, P.B. 13, Pg. 134, and creating New Lot "A"
(3.992 Ac.) and New Lot "2B1" (4.824 Ac.) and Dedicating 0.096
Ac. To the County of Roanoke situate on U. S. Route 11/460 &
Daugherty Road', dated July 11, 1996, prepared by T. P. Parker &
Son, Engineers-Surveyors-Planners, in connection with the
exchange of property between Richfield and the County authorized
by Ordinance #072396-9, subject to the following covenants and
conditions:
722
October 22, 1996
-<-', ~- ._~- _.-
-
1. The easement shall be temporary and shall be
solely for filling operations; there shall be no excavation in
the easement area or otherwise on the County's Cemetery property.
2. All construction or fill operations shall cease in
the event that any grave site is discovered during operations,
and Richfield shall be responsible for taking such action as may
be necessary to preserve and protect the site as may be required
at the direction of the County's Director of Engineering &
Inspections.
3. The fill area shall be graded to a smooth contour
and seeded to restore it to a stable condition, and Richfield
shall monitor and maintain the area for a period of twelve months
from completion of the proj ect construction to ensure that the
area has been properly stabilized, at which time the temporary
easement shall automatically terminate.
4. Richfield shall
associated with the project
easement.
be responsible
or the grant of
for
the
any costs
temporary
5. The easement shall be upon form approved by the
County Attorney.
On motion of Supervisor Minnix to adopt the resolution,
and carried by the following recorded vote:
AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS: None
IN RE:
REQUEST FOR PUBLIC HEARING AND FIRST READING OF
REZONING ORDINANCES - CONSENT AGENDA
Supervisor Nickens moved to approve the first reading
and set the second reading and public hearing for November 19,
1996 The motion carried by the following recorded vote:
AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS: None
Mr. Mahoney advised that he was concerned about the
effect of the Telecommunications Act on towers.
Mr. Harrington
October 22, 1996
723
advised that this will be discussed by the Planning Commission.
~ ordinance authorizing a special Use Permit to
replace an existing communications tower, located
approximately 1.75 miles from the intersection of
Honeysuckle Road and Poor Mountain Road. Windsor
Hills Magisterial District upon the petition of
Norfolk Southern Railway.
~ Ordinance authorizing a special Use Permit to
construct a communications tower and building,
located at the intersection of Route 311 and
Newport Road. Catawba Magisterial District. upon
the petition of ohio state Cellular Phone Co..
Inc.
IN RE:
CONSENT AGENDA
R-102296-4. R-102296-4.d. R-102296-4.d. R-102296-4.f
Supervisor Nickens
moved to
adopt
the
Consent
Resolution after discussion of items 2, 6, 7 and 8. The motion
carried by the following recorded vote:
AYES:
Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS:
None
Concerning Item 8, Dr. Jane James was present and
advised that all grant funds will be spent on computer equipment
for schools and not for administration.
RESOLUTION 102296-4 APPROVING AND CONCURRING IN CERTAIN
ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR
THIS DATE DESIGNATED AS ITEM L 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 22, 1996 designated as Item L
Consent Agenda be, and hereby is, approved and concurred in as to
each item separately set forth in said section designated Items 1
through 8, inclusive, as follows:
724-.-~___.__________________._~~~_~~~~.:::_.~?~~____.________________
._, __', 0"<._· ~_.
1.
Approval of minutes
September 24, 1996
September 10,
1996,
2. Request for support of petition requesting a speed
limit of 35 mph be posted on Twelve O'Clock Knob
Road.
3.
Designation of voting
Virginia Association of
Meeting.
representative at the
Counties (VACo) Annual
4. Request for acceptance of Preakness Court and a
portion of Derby Drive into the Virginia
Department of Transportation Secondary System.
5. Donation of a water line easement from Everette N.
And Dana M. Hartwell (Red Lane Extension).
6. Request for acceptance of Longview Road, an
extension of existing Longview Road (SR739),
platted under the "Strawberry Mountain Subdivision
section #1" into the Virginia Department of
Transportation Secondary System.
7. Request for acceptance of Strawberry Mountain
Drive and Sunberry Circle from the intersection of
Longview Road (SR739) platted under the
"Strawberry Mountain Subdivision, Section #1 and
#2" into the Virginia Department of Transportation
Secondary System.
8. Request from School Board for appropriation of
$789,400 to purchase technology equipment to be
funded by grant by the Department of Education.
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 Eddy, Minnix, Harrison, Nickens, Johnson
NAYS: None
RESOLUTION 102296-4.c REQUESTING ACCEPTANCE OF
PREAKNESS COURT AND A PORTION OF DERBY DRIVE INTO THE
VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY SYSTEM
WHEREAS,
the streets described on the attached
October 22, 1996
725
-
Additions Form SR-5(a), fully incorporated herein by reference,
are shown on plats recorded in the Clerk's Office of the circuit
Court of Roanoke County, and
WHEREAS, the Resident Engineer for the Virginia
Department of Transportation has advised this Board the streets
meet the requirements established by the Subdivision street
Requirements of the Virginia Department of Transportation, and
NOW, THEREFORE, BE IT RESOLVED, this Board requests the
Virginia Department of Transportation to add the streets
described on the attached Additions Form SR-5(A) to the secondary
system of state highways, pursuant to §33.1-229, Code of
Virginia, and the Department's Subdivision street Requirements,
and
BE IT FURTHER RESOLVED, this Board guarantees a clear
and unrestricted right-of-way, as described, and any necessary
easements for cuts, fills and drainage, and
BE IT FURTHER RESOLVED, that a certified copy of this
resolution be forwarded to the Resident Engineer for the Virginia
Department of Transportation.
Recorded Vote
Moved By: Supervisor Nickens
Seconded By: None Required
Yeas: supervisors Eddy, Minnix. Harrison. Nickens. Johnson
Nays: None
RESOLUTION 102296-4.e REQUESTING ACCEPTANCE OF LONGVIEW
ROAD, AN EXTENSION OF EXISTING LONGVIEW ROAD (SR739),
PLATTED UNDER THE "STRAWBERRY MOUNTAIN SUBDIVISION
SECTION #1" INTO THE VIRGINIA DEPARTMENT OF
TRANSPORTATION SECONDARY SYSTEM
WHEREAS, the streets described on the attached
Additions Form SR-5(a), fully incorporated herein by reference,
are shown on plats recorded in the Clerk's Office of the Circuit
Court of Roanoke County, and
WHEREAS, the Resident Engineer for the Virginia
Department of Transportation has advised this Board the streets
meet the requirements established by the Subdivision street
Requirements of the Virginia Department of Transportation, and
NOW, THEREFORE, BE IT RESOLVED, this Board requests the
Virginia Department of Transportation to add the streets
described on the attached Additions Form SR-5(A) to the secondary
system of state highways, pursuant to §33.1-229, Code of
726---
October 22, 1996
,-".~"._-- .-- . . -..~,-~.
. --',-" _... .,_._-~.,
Virginia, and the Department's Subdivision street Requirements,
and
BE IT FURTHER RESOLVED, this Board guarantees a clear
and unrestricted right-of-way, as described, and any necessary
easements for cuts, fills and drainage, and
BE IT FURTHER RESOLVED, that a certified copy of this
resolution be forwarded to the Resident Engineer for the Virginia
Department of Transportation.
Recorded Vote
Moved By: Supervisor Nickens
Seconded By: None Required
Yeas: Supervisors Eddy. Minnix. Harrison, Nickens, Johnson
Nays: None
RESOLUTION 102296-4.f REQUESTING ACCEPTANCE OF
STRAWBERRY MOUNTAIN DRIVE, AND SUNBERRY CIRCLE FROM THE
INTERSECTION OF LONGVIEW ROAD (SR739) PLATTED UNDER THE
"STRAWBERRY MOUNTAIN SUBDIVISION, SECTION #1 AND #2,
INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION
SECONDARY SYSTEM
WHEREAS, the streets described on the attached
Additions Form SR-5(a), fully incorporated herein by reference,
are shown on plats recorded in the Clerk's Office of the circuit
Court of Roanoke County, and
WHEREAS, the Resident Engineer for the Virginia
Department of Transportation has advised this Board the streets
meet the requirements established by the Subdivision street
Requirements of the Virginia Department of Transportation, and
NOW, THEREFORE, BE IT RESOLVED, this Board requests the
Virginia Department of Transportation to add the streets
described on the attached Additions Form SR-5(A) to the secondary
system of state highways, pursuant to §33.1-229, Code of
Virginia, and the Department's Subdivision Street Requirements,
and
BE IT FURTHER RESOLVED, this Board guarantees a clear
and unrestricted right-of-way, as described, and any necessary
easements for cuts, fills and drainage, and
BE IT FURTHER RESOLVED, that a certified copy of this
resolution be forwarded to the Resident Engineer for the Virginia
Department of Transportation.
October 22, 1996
727
Recorded Vote
Moved By: Supervisor Nickens
Seconded By: None Required
Yeas: Supervisors Eddy, Minnix, Harrison. Nickens, Johnson
Nays: ~
IN RE:
REPORTS AND INQUIRIES OF BOARD MEMBERS
Supervisor Nickens ( 1) He asked the staff to look at
increasing the speed limit on Bandy Road from 25 mph to 35 or 40
mph.
(2) Since moving forward on the litigation with the Moose
Lodge is a low priority with the County Attorney, he asked for
Board concurrence to consider hiring outside legal counsel.
supervisor Eddy: (1) He advised that when he was
previously on the Board, a resident asked for speed limit
enforcement on Grandin Road Extension, and the resident's wife
received the first ticket.
(2) He explained that a resident on
Woodbrook Drive has complained about a new street light on the
street. He suggested a policy that all neighbors be surveyed when
street lights are considered.
Arnold Covey, Director of
Engineering and Inspections, responded that they will ask that
the residents requesting a street light survey the subdivision in
the future.
(3)
He asked about the future work sessions
outlined in Mr. Hodge's memorandum.
Chairman Johnson advised
that he and Mr. Hodge discussed this issue and will schedule
three work sessions for each afternoon-only meeting (second
Tuesday) which will be limited to 30 minutes each.
(4) He asked
the Board for their opinions regarding his October 7, 1996
memorandum suggesting changing dates for real estate payments to
_ 728 _
October 22, 1996
_ .h ~_'. ,~__ _.___
coincide with Roanoke city.
There was no interest in pursuing
this issue.
(5)
He announced that the Planning staff has put
together a demographic profile and copies will be available in
the libraries if any citizens are interested.
Supervisor Minnix: (1) He received a request from
Electoral Board member Ron Keith Adkins for assistance from RVTV
in educating the voters on the constitutional amendments on the
ballot.
Mr. Hodge responded that he would have Ms. Green work
with the Registrar's Office.
Supervisor Johnson: (1) He announced that the Salem
city council toured the Water Treatment Facility at noon today
and met with the Board of Supervisors.
Chairman Johnson was
again impressed with the facility, and asked Mr. Hodge to thank
the staff in an appropriate manner.
(2) He attended the
dedication ceremony at Glenvar Middle School with Supervisor
Harrison and Mr. Hodge, and pointed out that progress is being
made in renovations to the schools.
IN RE:
REPORTS
Supervisor Johnson moved to receive and file the
following reports after discussion of Items 6 and 7. The motion
carried by a unanimous voice vote.
~ General Fund Unappropriated Balance
h capital Fund unappropriated Balance
.L. Board contingency Fund
October 22, 1996
729
~ Accounts Paid - August 1996. september 1996
h Acknowledgment from the virginia Department of
Transportation of the addition of Lost Drive and
Lost View Lane into the Secondary System.
~ Report of Claims Activity for the Self Insurance
Program
~ Update on williamson Road Project.
Mr. Harrington described the proposed draft ordinance
authorizing a partial tax exemption for rehabilitated properties.
It was the consensus of the Board to schedule a work session on
this in the future.
WORK SESSION
~ Financial information for year ended June 30. 1996
and first quarter revenue review for FY 1996/97.
The work session was presented by Finance Director
Diane Hyatt and Budget Manager Brent Robertson. There is
currently $1.4 million in the unaudited surplus, primarily from
increases in personal property taxes. supervisor Nickens
requested that staff work with the Town of vinton to assure that
they collect personal property tax when citizens pay for their
vehicle decal. Chairman Johnson asked for a report on how
departments spend their rollover funds. Supervisors Johnson and
Eddy asked that future quarterly reports show the interest
accrued from the Treasurer's investments and how it was spent.
IN RE:
13ll--
October 22, 1996
~~- -- ~
--
Ms. Hyatt responded that these funds were used for debt service.
IN RE: EXECUTIVE SESSION
At 5: lOp. m., Supervisor Minnix moved to go into
Executi ve Session following the work sessions pursuant to the
Code of Virginia Section 2.1-344 A. (7) consultant with legal
counsel and briefing by staff members on potential litigation,
i.e. annexation, Town of Vinton, Sheriff Holt v. State
Compensation Board, and Hidden Valley Junior High School access¡
2.1-344 A (5) discussion concerning prospective business or
industry where no previous announcement has been made; 2.1-344 A
(3) discussion of acquisition of real property for economic
development purposes; 2.1-344 A (6) investing of public funds
where bargaining is involved and financial interest of the County
could be adversely affected, industrial access road funding.
The motion carried by the following recorded vote:
AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS: None
IN RE: CERTIFICATION OF EXECUTIVE SESSION
R-102296-5
At 7: 00 p.m., Supervisor Nickens moved to return to
open session, announced that the Executive Session was held from
5:10 p.m. until 6:45 p.m., and to adopt the Certification
Resolution. The motion carried by the following recorded vote:
October 22, 1996
731
AYES:
supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS:
None
RESOLUTION 102296-5 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 busin~ss 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
certification Resolution,
vote:
AYES:
NAYS:
Supervisor Nickens to adopt the
and carried by the following recorded
Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
None
IN RE:
PRESENTATION
Ms. Ruth Mosely, 3425 Greencliff Road, S. W., presented
a Currier and Ives print to the Board and requested that it be
hung at the Explore Park.
IN RE:
ADDITION OF NEW BUSINESS
~ Resolution authorizing an appeal from the decision
~ -:-~:.-
October 22, 1996
.." ". -. . .-
of
the
Virginia
compensation
Board
and
appropriating S20.000 to retain outside counsel to
represent Sheriff Holt and Roanoke County.
R-l02296-6
There was no discussion. Supervisor Nickens moved to
adopt the resolution and appropriate $20,000 from the Board
Contingency Fund instead of the Unappropriated Balance as
recommended in the resolution.
The motion carried by the
following recorded vote:
AYES:
Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS:
None
RESOLUTION 102296-6 AUTHORIZING AN APPEAL FROM THE
DECISION OF THE VIRGINIA COMPENSATION BOARD AND
APPROPRIATING $20,000 TO RETAIN OUTSIDE COUNSEL TO
REPRESENT SHERIFF GERALD S. HOLT AND ROANOKE COUNTY IN
SAID APPEAL
WHEREAS, the Virginia Compensation Board reduced the
staffing levels of the Roanoke County Sheriff's Office by 6.4%
for Fiscal Year 1996-97; and
WHEREAS, the Compensation Board used inaccurate data in
inmate population in their assessment of staffing needs study of
the Sheriff's Office; and
WHEREAS,
assess the safety
Courthouse; and
the Compensation Board failed to accurately
and security needs for the Roanoke County
WHEREAS, upon appeal through the administrative process
by Sheriff Gerald S. Holt and Roanoke County, the Compensation
Board elected not to reinstate the staff positions cut for Fiscal
Year 1996-97.
THEREFORE, BE IT RESOLVED by the Board of Supervisors
of Roanoke County, Virginia, as follows:
1.
commencement
That the Board of
of appropriate legal
Supervisors
proceedings
authorizes
to appeal
the
the
October 22, 1996
73a
-
decision of the Compensation Board; and
2. That the sum of $20,000 is hereby appropriated
from the Board Contingency Fund UI!appI:OpI: iated BalaI!ce to retain
outside legal counsel to assist the Sheriff and the County in
this appeal.
On motion of Supervisor Nickens to adopt the
resolution, and appropriate $20,000 from the Board Contingency
Fund instead of Unappropriated Balance, and carried by the
following recorded vote:
AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS: None
IN RE:
REQUEST FOR PUBLIC HEARING
~ Request for Public Hearing on November 19. 1996 to
more forward with eminent domain proceedings on
the Vest property located on Route 460 for
economic development purposes.
Supervisor Johnson moved to hold the public hearing on
November 19, 1996. The motion carried by the following recorded
vote:
AYES:
Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS:
None
IN RE:
PUBLIC HEARINGS
~ PUblic Hearing to elicit citizen comment and
adoption of a resolution on the issuance of bonds
up to S13.100.000 to finance the County·s portion
of improvements to the Roanoke Regional Wastewater
Treatment Facility and the Tinker Creek and
Roanoke River Interceptors.
(Diane Hyatt. Finance
~ October 22, 1996
:----- '---'-':=<'==:':':":=-~===-----:'-----:===-':==:"-=-':=-='=--==-':=='::=::':~~==~--" -==::=:---.---------
Director)
R-l02296-7
Ms. Hyatt reported that the County is participating
with the cities of Salem and Roanoke and Botetourt County in the
joint expansion of the Roanoke Regional Wastewater Treatment
Facility including improvements to Tinker Creek and Roanoke River
interceptors.
The County has received funding approval through
the Virginia Water Facilities Revolving Loan Fund to borrow
$13,100,000 at 4.75% interest rate. The current estimate of the
expansion project totals $49,200,000 with Roanoke County's share
at $14,700,000. The County will be able to pay for its increased
portion with money saved in the debt service.
There were no citizens to speak on this issue.
Supervisor Eddy moved to adopt the resolution. The
motion carried by the following recorded vote:
AYES:
Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS:
None
RESOLUTION 102296-7 OF THE BOARD OF SUPERVISORS OF THE
COUNTY OF ROANOKE, VIRGINIA, AUTHORIZING THE ISSUANCE
AND SALE OF THE COUNTY OF ROANOKE, VIRGINIA, SEWER
REVENUE BOND, SERIES 1996, IN THE MAXIMUM PRINCIPAL
AMOUNT OF UP TO $13,100,000, AND SETTING FORTH THE
FORM, DETAILS AND PROVISIONS FOR PAYMENT THEREOF
RECITALS
A. The Board of Supervisors of the County of Roanoke,
Virginia (the "Board"), has determined that it is necessary to
finance the County of Roanoke, Virginia's (the "County") portion
of the upgrade and improvements to the Roanoke regional
wastewater treatment facility and the County's share of
improvements to the Tinker Creek and Roanoke River interceptors
October 22, 1996
735
(the "Project"), and that it is necessary and expedient to borrow
up to $13,100,000 and to issue the bond of the County to provide
funds to pay the costs of the Project.
B. The Board has also determined to secure such bond
by a pledge of the County's sewer system revenues.
C. On October 22, 1996, the Board held a public
hearing on the issuance of such bond in accordance with the
requirements of section 15.1-227.8 of the Code of Virginia of
1950, as amended (the "Virginia Code").
D. The Board has determined to sell such bond to the
Virginia Water Facilities Revolving Loan Fund (the "Fund")
pursuant to the terms of the Financing Agreement (as defined
below) .
E. The latest draft of the Financing Agreement, to be
dated such date as will be specified by the Fund (the "Financing
Agreement"), between the County and the Fund (acting by and
through the Virginia Resources Authority) is on file with the
County Administrator.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF
SUPERVISORS OF THE COUNTY OF ROANOKE, VIRGINIA, THAT:
1. Election to Proceed Under Public Finance Act of
lill. The Board hereby elects to issue the Bond (as defined
below) under the provisions of the Public Finance Act of 1991,
Chapter 5.1 of Title 15.1 of the Virginia Code, as amended (the
"Public Finance Act") without regard to the requirements,
restrictions or other provisions contained in the Charter of the
County.
2. Authorization of Bond and Use of Proceeds. The
Board hereby determines that it is advisable to contract a debt
and to issue a bond (the "Bond") of the County in the maximum
principal amount of up to $13,100,000, and to sell the Bond to
the Fund, all pursuant to the terms of this Resolution, the
Public Finance Act and the Financing Agreement. The issuance and
sale of the Bond upon such terms are hereby authorized and
approved. The Bond shall be known as the "County of Roanoke,
Virginia, Sewer Revenue Bond, Series 1996." The proceeds from
the issuance and sale of the Bond shall be used, together with
other available funds, to pay the costs of the Project.
3 . Details of Bond. The Bond shall be issued as a
single bond in fully registered form and shall be dated the date
of its issuance and delivery. The County Administrator is
authorized and directed to determine and approve all of the other
------~===:===-----"-=g~~~~J:~:~gl~~==--============-----"
final details of the Bond, including without limitation, the
maximum principal amount authorized to be advanced thereunder 1
the interest rate, the maturity or payment dates and amounts and
the final maturity date; provided, however, that (I) the maximum
principal amount authorized to be advanced under the Bond shall
not exceed $13,100,000, (ii) the interest rate on the Bond shall
not exceed six percent (6%) per annum, (iii) the Bond shall have
a substantially level maturity or payment schedule from and after
the date on which the first payment of principal is due
thereunder, and (iv) the final maturity date of the Bond shall be
approximately twenty (20) years after the final advance of money
under the agreement. The County Administrator's approval of such
details shall be evidenced conclusively by the due execution and
delivery to the Fund of the Bond on the County's behalf.
4. Pledge of Revenues. The Bond shall be a limited
obligation of the County and, except to the extent payable from
the proceeds of the sale of the Bond or the income, if any,
derived from the investment thereof, is payable exclusively from
the revenues of the County's sewer system, which the County
hereby pledges to the payment of the principal of the Bond
pursuant to the terms of the Financing Agreement. Neither the
Commonwealth of Virginia nor any of its political subdivisions,
including the County, shall be obligated to pay the principal of
the Bond or other costs incident to it except from the revenues
and any other money or property pledged for such purpose, and
neither the faith and credit nor the taxing power of the
Commonwealth of Virginia or any of its political subdivisions,
including the County, is pledged to the payment of the principal
of the Bond or other costs incident to it. The issuance of the
Bond does not directly, indirectly or contingently obligate the
Commonweal th of Virginia or any of its political subdivisions,
including the County, to levy any taxes for the payment of the
Bond.
5. Form of Bond. The Bond shall be in substantially
the form attached as Exhibit A to this Resolution, with such
variations, insertions or deletions as may be approved by the
Chairman of the Board (the "Chairman") whose approval shall be
evidenced by his execution of the Bond on the County's behalf.
There may be endorsed on the Bond such legend or text as may be
necessary or appropriate to conform to any applicable rules and
regulations of any governmental authority or any usage or
requirement of law with respect thereto.
6. Redemption of Bond. The Bond shall be subject to
optional redemption at the direction of the Board, without
penalty or premium, in whole or in part, at any time, upon the
terms set forth in the Bond and the Financing Agreement.
October 22, 1996
737
-
7. Execution and Delivery of Bond. The Chairman is
authorized and directed to take all proper steps to prepare and
to execute an appropriate negotiable Bond. The Clerk of the
Board (the "Clerk") or the Deputy Clerk of the Board (the "Deputy
Clerk") are authorized and directed to affix the seal of the
County to the executed Bond and to attest it and then to deliver
the Bond to the Director of Finance. The Director of Finance
shall deliver the Bond or cause the Bond to be delivered to the
Fund upon payment of the first principal advance thereunder. The
Fund's Authorized Representative shall enter the amount and date
of each principal advance as provided in the Certificate of
Advances attached to the Bond when the proceeds of such advance
are delivered to the County. The Chairman, the Clerk or Deputy
Clerk and the County Administrator are further authorized and
directed to agree to and to comply with any and all further
condi tions and requirements of the Fund not inconsistent with
this Resolution in connection with the Fund's purchase of the
Bond.
8. Temporary Typewritten Bond. The County shall
initially issue the Bond as a single bond in typewritten form.
If ,the Bond is in typewritten form, upon the written request of
the registered owner of the Bond and upon surrender of the Bond
in typewritten form, the Board shall promptly cause the
preparation, execution and delivery to such registered owner of a
bond in printed form of the same maturity and for the same
principal amount as the typewritten Bond or, at the option of the
registered owner, bonds in printed form in denominations of
$5,000 or multiples thereof (except for one bond which may be
issued in an odd denomination of not less than $5,000) in an
aggregate amount equal to the unpaid principal amount of the
Bond. Appropriate variations, omissions and insertions may be
made in the Bond to facilitate printing.
9. Registration r Transfer and Exchange. The Board
hereby appoints the Director of Finance as its registrar and
transfer agent to keep books for the registration and transfer of
the Bond (and any printed bond or bonds issued in substitution
therefor under Section 8 above) and to make such registrations
and transfers on such books under such reasonable regulations as
the Board may prescribe.
Upon surrender ~or transfer or exchange of the Bond (or
any printed Bond issued ln substitution therefor) at the office
of the Director of Finance, the Board shall cause the execution
and delivery in the name of the transferees or registered owner,
as applicable, a new Bond for a principal amount equal to the
Bond surrendered and of the same date and tenor as the Bond
surrendered, subject in each case to such reasonable regulations
as the Board may prescribe. If surrendered for transfer,
~ October 22, 1996
---~ ~._----_.__,_____~~__.__.,_. _~_.W>._." ._'_______~.____.~_______,__._
".. "__W'_ _.~" ,~_. _
-
exchange, redemption or payment, the Bond shall be accompanied by
a written instrument or instruments of transfer or authorization
for exchange, in form and substance reasonably satisfactory to
the Director of Finance, duly executed by the registered owner or
by his or her duly authorized attorney-in-fact or legal
representative.
A new Bond (or printed bond) delivered upon any
transfer or exchange shall be a valid limited obligation of the
County, evidencing the same debt as the Bond surrendered and
shall be entitled to all of the security and benefits of this
Resolution to the same extent as the Bond surrendered.
The Director of Finance shall treat the registered
owner of the Bond (or any printed bond issued in substitution
therefor) as the person or entity exclusively entitled to payment
and the exercise of all other rights and powers of the owner,
except that principal and interest installments on the Bond
(except for the final principal and interest installment) shall
be paid to the person or entity shown as owner on the
registration books maintained by the Director of Finance on the
fifteenth day of the month preceding each installment payment
date.
10. Charges for Exchange or Transfer. No charge shall
be made for any exchange or transfer of the Bond, but the
Director of Finance may require payment by the holder of the Bond
of a sum sufficient to cover any tax or any other governmental
charge that may be imposed in relation thereto.
11. Mutilated, Lost, Stolen or Destroyed Bond. If the
Bond (or any printed bond issued in substitution therefor) has
been mutilated, lost, stolen or destroyed, the County shall
execute and deliver a new Bond of like date and tenor in exchange
and substitution for, and upon delivery to the Director of
Finance and cancellation of, such mutilated Bond, or in lieu of
and in substitution for such lost, stolen or destroyed Bond¡
provided, however, that the County shall execute, authenticate
and deliver a new Bond only if the registered owner thereof has
paid the reasonable expenses and charges of the County in
connection therewith and, in the case of a lost, stolen or
destroyed Bond (I) has filed with the Director of Finance
evidence satisfactory to him or her that such Bond was lost,
stolen or destroyed and that the holder of the Bond was the
registered owner thereof and (ii) has furnished to the County
indemnity satisfactory to the Director of Finance. If the Bond
has matured, instead of issuing a new Bond, the County may pay
the same without surrender thereof upon receipt of the aforesaid
evidence and indemnity.
October 22, 1996
739
12. Approval of Financing Agreement. The Financing
Agreement is approved in substantially the form on file with the
county Administrator, with such changes, insertions or omissions
as may be approved by the Chairman, whose approval shall be
evidenced conclusively by the execution and delivery of the
Financing Agreement. The Chairman is authorized to execute and
deliver the Financing Agreement and such other documents and
certificates as such officer may consider necessary in connection
therewith. The County shall pay the late payment and other
charges as provided in the Financing Agreement, but solely from
legally available and appropriated funds.
13. Further Actions: Authorized Representative. The
Chairman, County Administrator and Director of Finance and such
officers and agents of the County as may be designated by any of
them are authorized and directed to take such further actions as
they deem necessary regarding the issuance and sale of the Bond
and the execution, delivery and performance of the Financing
Agreement, including, without limitation, the execution and
delivery of closing documents and certificates. All such actions
previously taken by such officers and agents are ratified and
confirmed. The County Administrator is designated the County's
authorized representative for purposes of the Financing
Agreement.
14. Filing of Resolution. The County Attorney is
authorized and directed to file a certified copy of this
Resolution with the circuit Court of Roanoke County, Virginia,
pursuant to sections 15.1-227.9 and -227.28 of the Virginia Code.
15.
resolutions or
repealed to
Resolution.
Repeal of Conflicting Resolutions. All
parts thereof in conflict with this Resolution are
the extent they are inconsistent with this
16. Effective Date. This Resolution shall take effect
immediately.
The undersigned Clerk of the Board of Supervisors of
the County of Roanoke, Virginia, certifies that the foregoing
constitutes a true, complete and correct copy of the Resolution
adopted at a regular meeting of the Board of supervisors of the
County of Roanoke, Virginia, held on October 22, 1996.
On motion of Supervisor Eddy to adopt the resolution,
and carried by the following recorded vote:
AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS: None
~ October 22, 1996
------. ----_._._~^--,.~--_.._~,-----~--'"...._-- '~..~.._"---_.~--~,.__._--
~~ --,--
.----
IN RE:
PUBLIC HEARING AND SECOND READING OF ORDINANCES
~ Denial of Ordinance to rezone 3.253 acres from C-l
to C-2 to construct an efficiency inn. located at
3990
and
4004
Challenger
Avenue.
Hollins
Magisterial District. upon the petition of Robert
Metz.
0-102296-8
Mr. Harrington advised that the petitioner originally
offered no conditions, but five were offered at the Planning
Commission hearing.
Several citizens spoke at the Commission
hearing expressing concern about drainage, lighting, increased
break-ins, and the proposed use.
Several petitions opposing the
rezoning were
also presented.
The
Planning
Commission
recommended denial because of concerns with the way the proposed
rezoning is situated on the site.
Ed Natt, attorney for the petitioner, was present. He
noted that the property is currently zoned C-1 with no conditions
and Mr. Metz wants to rezone the rear portion only to C-2. He
advised that efficiency inns are similar to residential areas and
there have been no complaints from residents near other efficient
inns.
Typical use of the inns is for temporary housing for
people coming into the area for 60 to 90 days.
Mr. Natt
explained that the conditions added to the rezoning would protect
the neighborhood.
The conditions include:
( 1)
Property shall be
October 22, 1996
741
developed in substantial conformity with the concept plan; (2)
the exterior of the building be constructed of brick and drivet;
(3) each unit will be an efficiency type with separate bedroom,
bath and independent living area, including cooking facilities¡
(4) The building located on the easterly side of the property
will be moved 15 feet to the west creating a 30 foot separation
between the two units on the property, thus creating a 35 foot
buffer on the easterly side of the property; (5) Petitioner will
install type D screening on that portion of the easterly line
adjacent to the easterly side of the building.
The following citizens spoke in opposition to the
proposed rezoning because of increased traffic, non-comformance
to the Comprehensive Plan, noise, precedent for future motels in
the area, and the negative effects to the surrounding residents
and the Villa Heights Baptist Church.
1. W. M. Witt, 3966 Challenger Avenue, Roanoke
2. Brad Grose, 407 Aragona Drive, vinton
3. Amanda Grose, 407 Aragona Drive, vinton
4. Melvin Divers, 537 Crestland Drive
Mr. Natt responded that there are no controls now as to
what can be built and that the proposed conditions would provide
more safeguards than if it remained as C-1.
Supervisor Nickens asked if there had been a community
meeting to explain the rezoning. Mr. Natt responded that they
offered additional conditions to satisfy the neighbors, but they
742
October 22, 1996
- ._"~ .~"- -""
".. . .~~ --..-"
remained opposed so he saw no need for a meeting.
Following additional discussion and concerns expressed
by the Board members, Supervisor Nickens suggested that the
rezoning be continued for 30 days to allow for a meeting with the
community. Supervisor Eddy responded that he did not think that
the delay would help the matter.
Supervisor Johnson moved to DENY the ordinance. The
motion carried by the following recorded vote:
AYES:
Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS:
None
DENIAL OF ORDINANCE 102296-8 TO CHANGE THE ZONING
CLASSIFICATION OF A 3.253-ACRE TRACT OF REAL ESTATE
LOCATED AT 3990 AND 4004 CHALLENGER AVENUE (A PORTION
OF TAX MAP NO. 50. 05-1-1) IN THE HOLLINS MAGISTERIAL
DISTRICT FROM THE ZONING CLASSIFICATION OF C-l TO THE
ZONING CLASSIFICATION OF C-2 WITH CONDITIONS UPON THE
APPLICATION OF ROBERT L. METZ
WHEREAS, the first reading of this ordinance was held
on September 24, 1996, and the second reading and public hearing
were held October 22, 1996; and,
WHEREAS, the Roanoke County Planning Commission held a
public hearing on this matter on October 1, 1996; and
WHEREAS, legal notice and advertisement has been
provided as required by law.
BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
On motion of Supervisor Johnson to deny the rezoning,
and carried by the following recorded vote:
AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS: None
h Ordinance to rezone 2.15 acres from C-2C to C-2C
to amend conditions located at the corner of
October 22, 1996
7~
-
-
Plantation Road and Friendship Lane, Hollins
Magisterial District. upon the petition of Jay
Patel.
0-102296-9
Mr. Harrington reported that the peti tioner is
requesting amendments to the conditions from the October 1991
petition of Relax, Inc.
The request would delete the reference
to a two-story building as it appears in proffer #1 and amend the
language of proffer #2 as shown in the proposed ordinance.
There was no discussion and no citizens present to
speak on this issue.
Supervisor Johnson moved to adopt the ordinance. The
motion carried by the following recorded vote:
AYES:
Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS:
None
ORDINANCE 102296-9 TO CHANGE THE ZONING CLASSIFICATION
OF A 2.15-ACRE TRACT OF REAL ESTATE LOCATED AT THE
CORNER OF PLANTATION ROAD AND FRIENDSHIP LANE (TAX MAP
NO. 18.18-2-5) IN THE HOLLINS MAGISTERIAL DISTRICT FROM
THE ZONING CLASSIFICATION OF C-2C WITH CONDITIONS TO
THE ZONING CLASSIFICATION OF C-2C WITH AMENDED
CONDITIONS UPON THE APPLICATION OF JAY PATEL
WHEREAS, the first reading of this ordinance was held
on September 24, 1996, and the second reading and public hearing
were held October 22, 1996; and,
WHEREAS, the Roanoke County Planning Commission held a
public hearing on this matter on October 1, 1996; and
WHEREAS, legal notice and advertisement has been
provided as required by law.
BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
7~
October 22, 1996
.. -¥
1. That the zoning classification of a certain tract
of real estate containing 2.15 acres, as described herein, and
located at the corner of Plantation Road and Friendship Lane,
(Tax Map Number 18.18-2-5) in the Hollins Magisterial District,
is hereby changed from the zoning classification of C-2C, General
Commercial District with conditions, to the zoning classification
of C-2C, General Commercial District with amended conditions.
2.
Jay Patel.
That this action is taken upon the application of
3. That the voluntarily proffered conditions accepted
by the Board of Supervisors in the October 1991 rezoning, are
hereby amended by the owner of the property, in writing, and
accepted by the Board of Supervisors as follows:
(1) The rezoning request from B-3 to B-2 œñªW~~ŠÇ7
:g:~M::!!i:commercial is for the purpose of constructing a snlall two
s·f6iy æ;fipê.~ffi¡¡flfá$..??n hotel/motel (approximately 50-80 rooms),
designed··ando.ofranchised by the Hampton Inn Corporation, or some
other similar hotel/motel chain.
(2) Applicant agrees to construct this building
in accordance with the BOCA National Building Code (1990) ilitmªÊ~~~
E~~!'!~~~~~~~~¡~~~~~o~~ª¡2!~i\~i!~i~ii!!
Department.
(3) Applicant agrees to construct this building
no higher than 55 feet above average finished grade.
(4) All existing Roanoke County storm water
management standards will be complied with.
follows:
3. That said real estate is more fully described as
BEGINNING at a monument where the north line of
Virginia Secondary Route 1895 intersects with the east
line of Plantation Road (Virginia Highway No. 115) ¡
thence with the east line of Plantation Road, N. 21
deg. 14' W. 233.54 feet to a monument; thence N. 15
deg. 27' 30" W. 359.65 feet to an iron pin, passing a
monument which is S. 20 deg. 33' E. 4.33 feet from the
said iron pin; thence with the line of a fence S. 47
deg. 52' E. 597.40 feet to an iron pin on the north
side of Virginia Secondary Highway No. 1895, thence
with the north line of Virginia Secondary Highway No.
1895, S. 57 deg. 18' W. 310.24 feet to the point and
place of beginning, containing 2.15 acres.
October 22, 1996
745
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 Johnson to adopt the ordinance,
and carried by the following recorded vote:
AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS: None
.L. Ordinance to rezone 4.068 acres from R-l to R-3 to
allow four lots to be served by a private roadway.
located on the west side of Old Cave spring Road
and the south side of Cave spring Lane. windsor
Hills Magisterial District. upon the petition of
Jeffrey Maronic. Inc. (CONTINUED FROM SEPTEMBER)
0-102296-10
Mr. Harrington reported that this was a request to
rezone 4.068 acres from R-1 residential low density to R-3
residential medium density in order to serve four lots by a
private road. The area now includes a total of 12 lots, two zero
lot line/detached single family dwellings nearing completion and
one vacant residential structure built over a garage. The
proposed drive is approximately 1000 feet from the intersection
of Cave Spring Lane and Old Cave Spring Road.
Mr. Harrington
explained that there were five proffered conditions and a sixth
was added since the Planning commission hearing.
C. L. Kinder, attorney for the petitioner, presented
746-- --
October 22, 1996
-- ¥- "'-_._.~ "^'''..._.. _w·,_
drawings showing that the elimination of the easement and the
curb cut is the only change.
He emphasized that there would be
no mUlti-family residences, only single family homes.
The only
reason for the change in zoning is to allow for a private road
which is not permitted in R-1. The petitioner was also present
to answer any questions.
Supervisor Johnson expressed concern about the private
road, and that at some future time the residents will petition
the Board for the road to be placed in VDOT's system. Supervisor
Eddy pointed out that the sixth condition addressed that concern.
Mr. Maronic and Mr. Kinder advised that there was not
enough land to meet state road standards, there are sight
distance problems, and the private drive eliminates part of the
sight distance problem.
The following citizens spoke in opposition to the
proposed R-3 zoning because of the density of R-3, because the
area is already over built, and it could set a precedent for
future R-3 zonings in the neighborhood.
1. John Stokes, 4911 Cave Spring circle
2. Will Estes, 4920 Cave Spring Circle (presented
petition in opposition)
3. W. Keith Zillifrd, 3463 Farmington Drive.
In response to questions from Supervisor Eddy, Mr.
Harrington said that this rezoning would not affect subsequent
rezoning requests.
Supervisor Minnix expressed concern about
October 22, 1996
747
-
requests in the future that the private road be taken into the
VDOT
Secondary
System,
and
supervisor
Nickens
expressed
opposition to the request because the petitioner is trying to fit
too much on a small parcel.
supervisor Eddy moved to adopt the ordinance with the
understanding that the R-3 rezoning is only approved to meet the
technical problems with the current zoning ordinance. The motion
carried by the following recorded vote:
AYES:
Supervisors Eddy, Minnix, Johnson
NAYS:
Supervisor Harrison, Nickens
ORDINANCE 102296-10 TO CHANGE THE ZONING CLASSIFICATION
OF A 4. 068-ACRE TRACT OF REAL ESTATE LOCATED ON THE
WEST SIDE OF OLD CAVE SPRING ROAD AND THE SOUTH SIDE OF
CAVE SPRING LANE (TAX MAP NOS. 76.20-9-9; 10; 11; 12)
IN THE WINDSOR HILLS MAGISTERIAL DISTRICT FROM THE
ZONING CLASSIFICATION OF R-l TO THE ZONING
CLASSIFICATION OF R-3 WITH CONDITIONS UPON THE
APPLICATION OF JEFFREY MARONIC, INC.
WHEREAS, the first reading of this ordinance was held
on August 27, 1996, and the second reading and public hearing
were held October 22, 1996; and
WHEREAS, the Roanoke County Planning commission held a
public hearing on this matter on October 1, 1996¡ and
WHEREAS, legal notice and advertisement has been
provided as required by law.
BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That the zoning classification of a certain tract
of real estate containing 4.068 acres, as described herein, and
located on the west side of Old Cave spring Road and the south
side of Cave Spring Lane (Tax Map Numbers 76.20-9-1; 2; 3¡ 4; 5;
6 ¡ 7 ¡ 8; 9; 10; 11; and 12) 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 R-3, Medium Density MUlti-Family Residential District with
7~_
October 22, 1996
-, .~- ~-~.
conditions.
2. That this action is taken upon the application of
Jeffrey Maronic, Inc.
3. That the owner has voluntarily proffered in
writing the following conditions which the Board of Supervisors
hereby accepts:
(1) The subject area will be developed in accordance
with the approved plan of Farmington Place
Subdivision, bearing revised date of 11/27/95,
with the exception that:
(a) The access easement across Lots 1 and 9 will
be eliminated, and
(b) Lots 9 and 10 will be served by the same
private road currently serving Lots 11 and
12, and the storm water detention pond.
(2) The Homeowner's Association, which has been
established to provide for the maintenance of the
private road serving Lots 11 and 12, and the storm
water management area, will be responsible for the
entire length of said roadway, as it serves Lots
9, 10, 11, and 12.
(3) The proposed private road will not be built to
state standards.
(4) The proposed development will continue to be built
to the same standards as the existing homes. They
will be similar in quality and size as the
existing homes, with a minimum square footage of
1,400 square feet.
(5) The proposed road will not be extended, and will
serve only Lots 9, 10, 11, 12, as said lots are
designated on the Plat of Farmington Place dated
September 8, 1995, and approved by Roanoke County
on November 3, 1995.
(6) The proposed road serving Lots 9, 10, 11, and 12
is private and its maintenance, including snow
removal, shall not be a public responsibility. It
shall not be eligible for acceptance into the
State Secondary System for maintenance until such
time as it is constructed and otherwise complies
with all requirements of the Virginia Department
October 22, 1996
7~
of Transportation for the addition of subdivision
streets current at the time of such request. Any
costs required to cause this street to become
eligible for addition to the state system shall be
provided with funds other than those administered
by the Virginia Department of Transportation.
4. That said real estate is more fully described as
follows:
BEGINNING at a point on the westerly side of Old Cave
spring Road (Route 1663) and the southerly side of Cave
spring Lane (Route 1652) as it intersects; thence with
the westerly line of Old Cave spring Road and with a
curve to the left with a chord bearing and distance of
S. 10 deg. 12' 00" W. 246.29 feet and an arc distance
of 246.59 feet to a point; thence S. 05 deg. 21' 11" W.
111.38 feet to a point on the northerly line of
property now or formerly of William Hancock (Tax No.
76.20-3-6); thence leaving Old Cave Spring Road and
with Hancock line S. 80 deg. 15' 00" W. 359.02 feet to
a post; thence S. 10 deg. 41' 21" E. 96.78 feet to a
point¡ thence S. 72 deg. 04' 31" W. 50.39 feet to a
point on the easterly line of property now or formerly
of R. J. Birkenmaier (Tax No. 76.20-3-9); thence with
the Birkenmaier line N. 32 deg. 00' 00" W. 293.56 feet
to a point on the southerly line of property now or
formerly of J. S. Maronic (Tax No. 76.20-3-8); thence
with the Maronic line N. 78 deg. 20' 00" E. 52.30 feet
to a point; thence N. 11 deg. 12' 30" W. 137.87 feet to
a point on the southerly side of Cave spring Lane
(Route 1652); thence with Cave Spring Lane N. 79 deg.
47' 08" E. 89.54 feet to a point; thence N. 75 deg. 43'
30" E. 472.02 feet to a point; thence S. 84 deg. 18'
49" E. 23.53 feet to the point and place of beginning,
and containing 4.068 acres as shown on a survey for
Jeffrey S. Maronic and Laura J. Maronic dated December
27, 1993 and made by Balzer & Associates, Engineers and
Surveyors.
5. That this ordinance shall be in full force and
effect thirty (30) days after its final passage. All ordinances
or parts of ordinances in conflict with the provisions of this
ordinance be, and the same hereby are, repealed. The Zoning
Administrator is directed to amend the zoning district map to
reflect the change in zoning classification authorized by this
ordinance.
On motion of Supervisor Eddy to adopt the ordinance,
and carried by the following recorded vote:
---15tl-
October 22, 1996
AYES:
NAYS:
Supervisors Eddy, Minnix, Johnson
Supervisors Harrison, Nickens
~ Ordinance declaring a 0.488 acre tract of land as
surplus real estate and donating same to Optical
Cable
Corporation.
(Tim
Gubala.
Economic
Development Director)
0-102296-11
Mr. Mahoney advised that this is a residual tract
acquired from the Roanoke Regional Airport Commission in
September 1989 to obtain the road right-of-way for the
construction of Valleypointe Parkway. There are no changes from
the first reading.
There was no discussion and no citizens to speak on
this ordinance.
Supervisor Nickens moved to adopt the ordinance. The
motion carried by the following recorded vote:
AYES:
Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS:
None
ORDINANCE 102296-11 DECLARING A 0.488-ACRE TRACT OF
LAND, LOCATED AT THE INTERSECTION OF VALLEYPOINTE
PARKWAY AND CONCOURSE DRIVE IN THE VALLEYPOINTE
INDUSTRIAL PARK, AS SURPLUS REAL ESTATE AND DONATING
SAID PROPERTY TO OPTICAL CABLE CORPORATION
WHEREAS, by deed dated August 8, 1988, recorded in Deed
Book 1290, Page 769, and re-recorded in Deed Book 1292, Page 987,
and by deed of correction dated February 28, 1989, and recorded
in Deed Book 1301, Page 1156, in the Clerk's Office of the
Circuit Court of Roanoke County, Virginia, the Board of
Supervisors of Roanoke County, Virginia, acquired from the
Roanoke Regional Airport Commission a parcel of land containing
approximately 8 acres in connection with the creation and
October 22, 1996
751
construction of Valleypointe Parkway; and,
WHEREAS, upon completion of the project, several small
parcels of land remained titled to the Board of supervisors,
including that certain parcel containing .488 acre, located at
the intersection of Valleypointe Parkway and North Concourse
Drive in the Valleypointe Industrial Park, said parcel being more
particularly shown on 'Plat of Survey showing the Subdivision and
Dedication of the Property of the Board of supervisors of Roanoke
County' dated May 10, 1990, and recorded in the aforesaid Clerk's
Office in Plat Book 12, Page 133; and,
WHEREAS, said parcel adjoins an 11. 238-acre tract of
land, designated as "NEW TRACT 3E-1A" on plat dated August 19,
1996, and recorded in the aforesaid Clerk's Office in Plat Book
19, Page 40, recently acquired by optical Cable Corporation for
the proposed expansion of the company¡ and,
WHEREAS, optical Cable has requested that the above-
described .48B-acre parcel be granted to the corporation to
assist in the expansion as part of the economic development
project¡ and,
WHEREAS, said parcel of land is subject to numerous use
restrictions and has no development potential as a separate
parcel, except for certain existing or proposed easements on the
property, and the County has no current or future use for the
property except in connection with this economic development
project.
THEREFORE, BE IT ORDAINED by the Board of Supervisors
of Roanoke County, Virginia, as follows:
1. That pursuant to the provisions of section 18.04
of the Roanoke County Charter, the acquisition and disposition of
real estate can be authorized only by ordinance. A first
reading of this ordinance was held on October 8, 1996; and a
second reading was held on October 22, 1996; and,
2. That pursuant to the provisions of section 16.01
of the Charter of Roanoke County, the residual parcel of land
containing .488 acre, located at the intersection of valleypointe
Parkway and North Concourse Drive in the Valleypointe Industrial
Park, as shown on 'Plat of Survey Showing the Subdivision and
Dedication of the Property of the Board of supervisors of Roanoke
County' dated May 10, 1990, and recorded in the aforesaid Clerk's
Office in Plat Book 12, Page 133, is hereby declared to be
surplus and the covenants and restrictions applicable to the
property render it unacceptable and unavailable for other public
uses, except for public easements and in connection with this
752__ __
October 22, 1996
-
economic development project; and,
3. That the conveyance of this property to Optical
Cable Corporation is hereby authorized, subject to the following
conditions, covenants and restrictions:
a. That the property shall be subject to all of
the applicable covenants, restrictions and obligations and
running with the land, as set forth in the deed dated August 8,
1988, recorded in Deed Book 1290, Page 769, and re-recorded in
Deed Book 1292, Page 987, and the deed of correction dated
February 28, 1989, and recorded in Deed Book 1301, Page 1156, in
the aforesaid Clerk's Office, and the conveyance shall be subject
to agreement by Optical Cable Corporation to indemnify and hold
Roanoke County and the Board of Supervisors harmless from any
loss, claim, or damage as a result of any violation of said
covenants, restrictions and obligations.
b. That the existing public utility easement,
fifteen feet (15') in width, along the northern property line
(adjacent to North Concourse Drive) and along the eastern
property line (adjacent to Valleypointe Parkway) shall be
reserved and retained, together with the right of any public
utility company to provide maintenance to any existing facilities
located within the easement area.
c. That a public drainage easement, a minimum of
fifteen feet (15') in width, running generally in a northerly
direction from the southeasterly corner of the parcel through the
approximate middle of the property, then turning and running
westerly to and beyond the western property line, the exact width
and location of which shall be shown upon a plat provided by
Optical Cable and approved by the Roanoke County Department of
Engineering & Inspections prior to the conveyance, together with
rights of ingress and egress from the public road for
construction or maintenance, shall be reserved and retained.
d. That all costs and expenses associated
herewith, including but not limited to survey costs, attorneys
fees, and recordation of documents, shall be the responsibility
of Optical Cable Corporation.
4. That the County Administrator or any Assistant
County Administrator is hereby authorized to execute such
documents and take such actions on behalf of Roanoke County as
are necessary to accomplish the donation of said property, all of
which shall be on form approved by the County Attorney.
5. That this ordinance shall be effective on and from
the date of its adoption.
October 22, 1996
753
On motion of Supervisor Nickens to adopt the
and carried by the following recorded vote:
AYES: Supervisors Eddy, Minnix, Harrison, Nickens,
NAYS: None
ordinance,
Johnson
h
Ordinance
rescinding
ordinance
52395-12
and
accepting an offer to purchase the Hunting Hills
Well Lot (Tax Map No. 88-1-3-28) (Paul Mahoney.
County Attorney)
0-102296-12
Mr. Mahoney advised that there were no changes since
the first reading.
There may be problems completing the
transaction but they are only minor difficulties.
There was no discussion and no citizens to speak on
this ordinance.
supervisor Nickens moved to adopt the ordinance. The
motion carried by the following recorded vote:
AYES:
Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS:
None
ORDINANCE 102296-12 RESCINDING ORDINANCE 52395-12 AND
ACCEPTING AN OFFER TO PURCHASE THE HUNTING HILLS WELL
LOT (TAX MAP NO. 88.13-3-28)
WHEREAS, Ordinance 52395-12 accepting the offer of
Thomas Newcomb to purchase the Hunting Hills Well Lot (Tax Map
No. 88.13-3-28) for the sum of Thirty Thousand Dollars is hereby
rescinded; and
WHEREAS, as a result of the "well lot" designation
placed on the subdivision plat for section 3 of Hunting Hills, it
appears that this property is restricted for use only as a "well
lot," and therefore, is of use only to the adjoining property
owners along Fawn Dell Road; and
WHEREAS, as settlement of the dispute between Roanoke
754 _
October 22, 1996
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"-,--~., --".'~ "._"..~---~_.,-
._--~~_. -- ,
-
-
County, the adjoining property owners in Hunting Hills, and
Thomas Newcomb, the County has agreed to pay Mr. Newcomb the sum
of six Thousand Dollars ($6,000) for his time and expenses
involved in attempting to purchase this well lot, and as payment
for Mr. Newcomb's release of his interest in this well loti and
WHEREAS, said adjoining property owners have offered to
purchase this well lot from Roanoke County with the restriction
that this lot shall not be used for the construction of any
single-family dwelling.
NOW, THEREFORE, BE IT ORDAINED by the Board of
Supervisors of Roanoke County, Virginia, as follows:
repealed.
1. That Ordinance 52395-12 is hereby rescinded and
2. That pursuant to the provisions of Section 16.01
of the Charter of Roanoke County, the subj ect property, having
been made available for other public uses before permitting
disposition by sale, is hereby declared to be surplus.
3. That pursuant to the provisions of Section 18.04
of the Charter of Roanoke County, a first reading of this
ordinance was held on October 8, 1996; and a second reading of
this ordinance was held on October 22, 1996, concerning the
disposition of the Hunting Hills Well Lot, Tax Map No. 88.13-3-
28.
4. That an offer for said property having been
received, the offer of Joseph T. and Pamela S. Moskal, Robert L.
And Connie Vermillion, Jonathan M. and Melinda Bern, Clifford P.
and Linda S. Culpepper, Tyler M. and Pamela W. Moore or their
assigns to purchase the Hunting Hills Well Lot, Tax Map No.
88.13-3-28, for the sum of Seventeen Thousand Dollars ($17,000)
is hereby accepted/rejected. This conveyance is subject to the
restriction that no single family dwelling shall be constructed
on this lot.
5. That the purchase price for the property shall be
paid upon delivery of a deed therefor, Eleven Thousand Dollars
($11,000) of that sum to be paid into the water fund in
accordance with the trust agreements of the 1991 water revenue
bonds; the remaining six Thousand Dollars ($6,000) to be paid to
Thomas Newcomb in settlement of any and all claims arising from
this transaction.
6. That the County Administrator is hereby authorized
to execute such documents and take such actions on behalf of
Roanoke County as are necessary to accomplish the sale of said
property, all of which shall be on form approved by the County
October 22, 1996
755
-
-
Attorney.
7. That this ordinance shall be effective on and from
the date of its adoption.
On motion of Supervisor Nickens to adopt the ordinance,
and carried by the following recorded vote:
AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS: None
IN RE:
CONTINUATION OF PUBLIC HEARING
Ordinance to rezone 16.58 acres from AG-l and AG-3 to
PRD. planned residential development. to construct
residential homes. located at 2047 wildwood Road,
Catawba Magisterial District. upon the petition of Gary
Huffman (Bear Creek).
This public hearing was continued by the applicant for
sixty days.
IN RE:
WITHDRAWAL OF PUBLIC HEARING
Ordinance to rezone approximately 0.92 acre from C-l to
C-2 and obtain a special Use Permit in order to
construct a gasoline retail facility with retail sales.
located on the west side of Route 221. approximately
250 feet south of Pleasant Hill. Windsor Hills
Magisterial District. upon the petition of Wayne and
Jennifer Ayers and william & Lorraine Lange.
This public hearing was withdrawn at the request of the
petitioner.
75~
October 22, 1996
~_. ..- ~"- ~
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IN RE:
CITIZEN COMMENTS AND COMMUNICATIONS
Ms. Ruth Mosely spoke on the following:
(1) The
contractor is burning brush on the Ronk property adjacent to her
neighborhood and ashes are falling allover the homes.
( 2 ) She
requested that a traffic light be installed at Georgetown Park
and Colonial Avenue. (3) She advised that her house has water
problems caused by the new homes above her, and requested that a
closer inspection of new homes be made.
Mr. Hodge advised that construction burning in a
residential area is legal. He will ask the fire marshall to keep
checking on the area.
The Board referred the request for a traffic light to
Arnold Covey and the Virginia Department of Transportation for a
traffic study.
IN RE:
ADJOURNMENT
At 9:10 p.m., Chairman Johnson adjourned the meeting to
Monday, November 4, 1996, at 12:00 Noon at the Campbell Court for
the purpose of a joint meeting with the Roanoke City Council.
Submitted by,
Approved by,
'77l~ YvI. Q~~~A
Mary H. Allen, CMC
Clerk to the Board