HomeMy WebLinkAbout6/24/1997 - Regular
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June 24,1997
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Roanoke County Administration Center
5204 Bernard Drive
Roanoke, Virginia 24018
June 24, 1997
The Board of Supervisors of Roanoke County, Virginia, met this day at the
Roanoke County Administration Center, this being the fourth Tuesday, and the second
regularly scheduled meeting of the month of June, 1997.
N 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, Supervisors Lee B. Eddy, Fenton
F. ''''Spike'' Harrison, H. Odell "Fuzzy" Minnix
MEMBERS ABSENT: Supervisor Harry C. Nickens
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 by the Reverend Joseph Lehman, Our Lady of
Nazareth Catholic Church. The Pledge of Allegiance was recited by all present.
IN RE:
REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF
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June 24,1997
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Bruce Welch, attorney for Joe Blackstock, requested that the Board refer
Item T-2, rezoning of 35.69 acres to R-1 requested by Joe R. Blackstock back to the
Planning Commission. Chairman Johnson advised that they would refer the item back to
the Planning Commission during the evening session.
IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND AWARDS
1. Certificate of Recognition to Angela McPeak for her
contributions to Roanoke County as RVTV Station Manaaer.
Chairman Johnson presented the Certificate of Recognition to Ms. McPeak
who has resigned to move out of state.
Supervisor Eddy moved to approve the Certificate of Recognition. The
motion carried by the following recorded vote:
AYES: Supervisors Eddy, Minnix, Harrison, Johnson
NAYS: None
ABSENT: Supervisor Nickens
IN RE:
NEW BUSINESS
1. Request to accept and aDpropriate funds from the Virginia
Juvenile Communitv Crime Control Act and adopt resolution
Drioritizing the Expenditures of the Grant. (John Chambliss.
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June 24,1997
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Assistant Countv Administrator)
R-062497-1
Mr. Chambliss reported that the General Assembly approved a anew
program called the Virginia Juvenile Commmunity Crime Control Aét (VJCCCA) during
fiscal year 1995-96. This replaced the block grant programs of the Department of Youth
and Family Services. Previously, block grants funded part of Youth Haven II's operating
costs and reduced the flat per diem fee charged to all of its clients. Roanoke County
received $399,799 for FY 1996-97 and is scheduled to receive $511,617 for FY 1997-98.
Staff suggested that the funds be used for the following programs:
A. ELECTRONIC MONITORING $16,488
B. INTENSIVE PROBATION
$58,200
C. COMMUNITY SERVICE
D.
PROBATION AIDE
$9,360
$29,000
E.
OPERATING EXPENSES
$14,500
F.
PURCHASE OF SERVICES - NON-RESIDENTIAL
1. Expenses necessary for the treatment of youth which may
include certain testing, treatments, or programs that do not
result in the residential placement of the youth. $20,000
2.
Outreach Detention.
$35,405
G. PURCHASE OF SERVICES FOR THE RESIDENTIAL PLACEMENT OF
YOUTH:
1. Crisis Intervention programs (such as the 28 Day program of Youth
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June 24,1997
Haven II or Sanctuary).
$81,OUO
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2. Group residential care per diem rates (like Youth Haven I, Youth
Haven II, Drug and Alcohol programs, etc.). $143,664
H.
SUPPLEMENT TO YOUTH HAVEN II
$75.000
$511.617
Total
Any unspent VJCCCA monies from the FY 1996-97 budget must be rolled
forward in the same categories for use during the FY 1997-98 programs. Any monies
remaining at June 30, 1998, (the end of the biennium) must be returned to the State.
The VJCCCA grant program funds the part-time positions referenced above.
Should this type offunding be eliminated, the program will cease and the positions will be
terminated.
In response to a question regarding Youth Haven II, Mr. Chambliss advised
that the funding will reduce the per diem rates at the facility which is at capacity at this
time.
Supervisor Eddy noted that the County receives funds based on the number
of juvenile offenders in the County but that Youth Haven II has people from other localities.
Mr. Chambliss responded that the County also uses facilities such as Youth Haven I and
Sanctuary in Roanoke City.
Supervisor Minnix moved to approve the resolution and appropriate the
funds. The motion carried by the following recorded vote:
AYES:
Supervisors Eddy, Minnix, Harrison, Johnson
NAYS:
None
ABSENT:
Supervisor Nickens
RESOLUTION 062497-1 APPROVING APPROPRIATION AND
PRIORITIZING THE EXPENDITURES OF FUNDS FOR FY97-98 FROM
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THE VIRGINIA JUVENILE COMMUNITY CRIME CONTROL ACT
WHEREAS, the County of Roanoke has been advised that it will receive
monies from the Virginia Juvenile Community Crime Control Act for $511 ,617 for FY 1997-
98, and
WHEREAS, these monies must be used to fund services for the target
populations identified in the Act which include CHINS (Children in Need of Services),
CHINSUP (Children in Need of Supervision), Delinquent, Diverted, and First Offender
children, and
WHEREAS, the County staff has coordinated with the Director of the Court
Service Unit and the Judges of the Juvenile and Domestic Relations Court to determine
the services necessary to address the needs of the children appearing before the Court
and before the intake officers, and
WHEREAS, the services of Electronic Monitoring, Intensive Probation,
Community Services programs, Probation Aide Services, and the purchase of services for
Outreach Detention, Crisis Intervention, group residential care, non-residential services,
and a supplement to Youth Haven II have been identified as the highest priority needs for
the targeted population of Roanoke County appearing before the court and the intake
officers.
NOW, THEREFORE BE IT RESOLVED by the Board of Supervisors of
Roanoke County that the VJCCCA monies are hereby accepted in the amount $511,617
for FY 1997-98 and are hereby appropriated for the above referenced programs.
On motion of Supervisor Minnix to adopt the resolution, and carried by the
following recorded vote:
AYES: Supervisors Eddy, Minnix, Harrison, Johnson
NAYS: None
ABSENT: Supervisor Nickens
2. Request to transfer funds from the Court Service Unit to Youth
Haven II as maintenance of effort for VJCCCA Monies (John
Chambliss. Assistant County Administrator)
A-062497-2
Mr. Chambliss advised that one of the requirements of the VJCCCA program
is that grant funds could not supplant other state funds, and could not be used to reduce
the local maintenance of effort (local funds). The maintenance of effort identified by the
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June 24, 1997
uepartmem OT Juvenile Justice Tor the Goumy IS $IÙ2,447. Staff requtl:;ltld 1I1¡: 1 IIltI
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$102,447 be transferred from the Court Service Unit budget to a Youth Haven II account
to offset their operating shortfall for the current fiscal year and fulfill the maintenance of
effort requirement. No new appropriation is required.
Supervisor Eddy moved to approve the transfer of funds. The motion carried
by the following recorded vote:
AYES: Supervisors Eddy, Minnix, Harrison, Johnson
NAYS: None
ABSENT: Supervisor Nickens
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3. Request to award contract and transfer money for professional
consultant for needs assessment for Juvenile Detention Facility.
(John Chambliss. Assistant County Administrator)
A-062497 -3
Mr. Chambliss advised that in November 1996, Roanoke County and the City
of Salem were advised that the City of Roanoke's detention home would limit the number
of youth that they would serve to the number of beds licensed by the Commonwealth.
Since then the City of Salem and the County have been trying to find juvenile detention
beds on a space available basis at the 18 detention facilities across Virginia.
Before determining how to provide detention bed space, the County must
develop a needs assessment to determine the actual number of beds required by the
locality (Phase I). The second phase is an additional study for the program and design of
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a facility and services to be offered. The third phase would be any architectural and
engineering work for the specific facility.
Mr. Chambliss explained that the County issued a request for proposal for
professional consulting services to develop a needs assessment for Roanoke County, the
City of Salem and Franklin County, and recommends awarding the contract to MMM
Design Group for $8,500 plus the cost of printing the report. The costs will be shared with
the other localities with the County's share at $6,000. The funds will be transferred within
the Court Service Unit budget to cover the cost.
Supervisor Johnson moved to award the contract to MMM Design and
transfer funds. The motion carried by the following recorded vote:
AYES: Supervisors Eddy, Minnix, Harrison, Johnson
NAYS: None
ABSENT: Supervisor Nickens
~ Request to adopt a resolution to abandon a section of an
unopened road known as Castle Rock Minina Road in the
Windsor Hills Magisterial District. (Arnold Covev. Director of
Engineerina & Inspections)
R-062497-4
Mr. Covey advised that Radford and Company is requesting that the Board
abandon a portion of an unopened right-of-way known as Castle Rock Mining Road. The
right-of-way was donated to the Board for a road to be known as Castle Rock Mining Road.
In 1948, the Board requested that the state accept the road into the State secondary
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June 24,1997
system, but the Department of Highways later rejected their request.
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Supervisor Eddy moved to adopt the resolution. The motion carried by the
following recorded vote:
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AYES: Supervisors Eddy, Minnix, Harrison, Johnson
NAYS: None
ABSENT: Supervisor Nickens
RESOLUTION 062497-4 ABANDONING A SECTION OF AN UNOPENED
ROAD IN THE WINDSOR HILLS MAGISTERIAL DISTRICT OF ROANOKE
COUNTY CROSSING TAX PARCELS 76.16-2-2, 76.16-2-3, 76.16-2-4,
76.16-2-5, WHICH ROAD WAS TO BE KNOWN AS THE CASTLE ROCK
MINING ROAD
WHEREAS, Radford & Company, the Petitioner, has requested the Board
of Supervisors to abandon a portion of an unopened road in the Windsor Hills Magisterial
District known as the Castle Rock Mining Road pursuant to Section 33.1-164 of the 1950
Code of Virginia, as amended, and to authorize the conveyance of the same to the
Petitioner pursuant to Section 33.1-165 of the 1950 Code of Virginia, as amended; and
WHEREAS, Radford & Company is the Contract purchaser of Tax Parcels
76.16-2-2, 76.16-2-3, 76.16-2-4, and 76.16-2-5 over which a portion of said unopened
road passes. Radford & Company will be acquiring fee simple title to the property on both
sides of said unopened road.
WHEREAS, that said unopened road is not a part of the Virginia Secondary
System of Highways and may be abandoned pursuant to the provisions of Article 12,
Chapter 1, Title 33.1 of the Code of Virginia and that all of the properties which could have
been served by said unopened road are presently served by the present highway Route
419.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of
Roanoke County as follows:
1. That pursuant to Section 33.1-164 of the 1950 Code of Virginia, as
amended, that portion of the unopened road known as the Castle Rock Mining Road
crossing Tax Parcels 76.16-2-2, 76.16-2-3, 76.16-2-4, and 76.16-2-5 be, and hereby is,
abandoned; and
2. That pursuant to Section 33.1-165 of the 1950 Code of Virginia, as
amended, that portion of the unopened road known as the Castle Rock Mining Road
crossing Tax Parcels 76.16-2-2,76.16-2-3,76.16-2-4, and 76.16-2-5 is deemed no longer
necessary for the public use and the conveyance of said portion of unopened road to the
Petitioner is hereby authorized.
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3. That pursuant to Section 33.1-163.1 of the 1950 Code of Virginia, as
amended, a certified copy of this resolution of abandonment shall be recorded and
indexed in the Circuit Court Clerk's Office.
4. 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 conveyance of said property, all of which shall be on form approved by the
County Attorney. .
Supervisor Eddy moved to adopt the resolution. The motion carried by the
following recorded vote:
AYES: Supervisors Eddy, Minnix, Harrison, Johnson
NAYS: None
ABSENT: Supervisor Nickens
~ Request for appropriation of State Compensation Funds and
additional County funding for two emeraency-funded positions
in the Sheriff's Office. (Gerald Holt. Sheriff)
A-062497-5
Major Mike Winston advised that the State Compensation Board has granted
and funded two correction deputy positions for jail overcrowding. The total financial impact
is $61,579. The State Compensation Board will fund $45,980 leaving a difference of
$15,599 to be supplemented by the County.
Major Winston requested that the Board approve the appropriation of
$45,980 and requested additional funds of $15,599 from the Board Contingency Fund.
Supervisor Johnson moved to approve additional funds from the Board
Contingency Fund and to appropriate the State Compensation Board funds. The motion
carried by the following recorded vote:
AYES:
Supervisors Eddy, Minnix, Harrison, Johnson
NAYS:
None
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June 24,1997
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A!:I~tNT: ~upervlsor Nickens
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INRE:
REQUESTS FOR WORK SESSIONS
Mr. Hodge was directed to schedule a work session on storm water detention
for July 8, 1997.
IN RE:
REQUEST FOR PUBLIC HEARING AND FIRST READING OF REZONING
ORDINANCES - CONSENT AGENDA
Supervisor Minnix moved to approve the first reading and set the second
readings and public hearings for July 22, 1997. The motion carried by the following
recorded vote:
AYES: Supervisors Eddy, Minnix, Harrison, Johnson
NAYS: None
ABSENT: Supervisor Nickens
1. Ordinance authorizina a SDecial Use Permit to eXDand the
existing facility. located at 4608 Brambleton Avenue. Cave Spring
Maaisterial District. upon the petition of Saint John Evangelical
Lutheran Church.
2. Ordinance to rezone 1.0 acre from 1-2 to C-2 and obtain a Special
Use Permit to construct a facility for minor auto reDair. located
in the 3300 block of Shawnee Drive. Catawba Magisterial District,
UDon the petition of Ga'Y Ellis.
¿ Ordinance authorizina a SDecial Use Permit to expand the
existing facility. located at 4873 Brambleton Avenue. Windsor
Hills Magisterial District. UDon the petition of Cave Spring Baptist
Church.
~ Ordinance to rezone 0.94 acre from C-1 to C-2 and obtain a
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June 24,1997
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Special Use Permit to construct a convenience store. located at
the southwest comer of Rosecrest Road and Route 221. Windsor
Hills Mal;listerial District. upon the petition of SteDhen D. and
Marie Freeman.
~ Ordinance to rezone 9.77 acre from R-1 Conditional to R-1 to
construct sinale family residences. located at the south side of
Woodhaven Road. approximately 0.5 mile east of its intersection
with Green Ridge Road. Hollins Maaisterial District. upon the
petition of Ernest Clark.
.2. Ordinance authorizing a Special Use Permit to allow a private
kennel. located at 1529 Dalmation Drive. Catawba Magisterial
District. UDon the Detition of Sara Cole and Kit Davis.
IN RE:
FIRST READING OF ORDINANCES
1. Ordinance to exercise an option with KODDers Industries. Inc. to
obtain two sanitary sewer easements and to purchase
approximately 0.226 acres of right of wav on the west side of the
private portion of Garman Road as part of the Kroger Proiect.
(Timothy Gubala. Economic Development Director}
Mr. Gubala advised that Roanoke County has negotiated an option to
purchase agreement with Koppers Industries, Inc. Kroger has requested that the County
exercise the option so that they may acquire the property for road construction purposes.
Staff has contacted Koppers about amending the option to purchase agreement in order
to obtain two sanitary sewer easements and an additional 0.056 acres of land for the
Garman Road right of way. The appraisal value is $2,800 for this 0.17 acre parcel.
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June 24, 1997
Koppers has advised the County that they will amend the option agreement and grant the
two sewer easements and sell the additional 0.056 acres for right of way at no cost to the
County.
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Supervisor Harrison moved to approve the first reading of the ordinance
approving the exercise of an option to purchase agreement, and set the second reading
for July 8, 1997. The motion carried by the following recorded vote:
AYES: Supervisors Eddy, Minnix, Harrison, Johnson
NAYS: None
ABSENT: Supervisor Nickens
IN RE:
SECOND READING OF ORDINANCES
1. Ordinance authorizing the renewal of a lease of real estate for a
Dublic safetv radio tower site on Tinker Mountain. (William Rand.
General Services Director)
0-062497-6
Supervisor Eddy pointed out that the tower site is located in Botetourt County
instead of Hollins Magisterial District as listed in the staff report.
There was no discussion and no changes from the first reading.
Supervisor Johnson moved to adopt the ordinance. The motion carried by
the following recorded vote:
AYES: Supervisors Eddy, Minnix, Harrison, Johnson
NAYS: None
June 24, 1997
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ABSENT: Supervisor Nickens
ORDINANCE 062497-6 AUTHORIZING THE RENEWAL OF A LEASE OF
REAL ESTATE FORA PUBLIC SAFETY RADIO TOWER SITE ON TINKER
MOUNTAIN
BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia,
as follows:
1. That pursuant to the provisions of Section 18.04 of the Charter of
Roanoke County, the acquisition of any interest in real estate, which includes a lease of
real estate, shall be accomplished by ordinance and pursuant to the authority found in
§§ 15.1-262 and 15.1-897 of the 1950 Code of Virginia, as amended; and
2. That pursuant to the provisions of Section 18.04 of the Charter of
Roanoke County the first reading of this ordinance was held on June 10, 1997, and the
second reading was held on June 24, 1997, conceming the lease of real estate for a public
safety radio tower site on Tinker Mountain; and
3. That this lease is with Lee C. Hartman, Jr. for a parcel of land
described on Exhibit A attached hereto and made a part of this ordinance, together with
a non-exclusive right of access to and from the premises by way of the private road
connecting with Frontage Road, said lease commencing the 1st day of July 1997, and
ending the 30th day of June, 2000, for an annual rental of $2,300.00 payable on the first
day of each yearly period during the term of the lease.
4. That the lease agreement setting forth the terms and conditions of this
lease is incorporated herein by reference.
.5. That the County Administrator, or an Assistant County Administrator,
is authorized to execute this lease on behalf of the County of Roanoke and to execute
such other documents and take such other actions as are necessary to accomplish this
transaction all of which shall be upon form approved by the County Attorney.
On motion of Supervisor Johnson to adopt the ordinance, and carried by the
following recorded vote:
AYES: Supervisors Eddy, Minnix, Harrison, Johnson
NAYS: None
ABSENT: Supervisor Nickens
.2... Ordinance authorizing acquisition of 0.368 acre Darcel of real
estate in Montclair Estates Section 9. (Arnold Covey. Director of
Enaineering & Inspections)
0-062497-7
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June 24, 1997
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Mr. Covey advised the t10ard that they were negotiating a Tee Tor me parcel
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with the City of Roanoke. There were no changes to the ordinance from the first reading.
Supervisor Harrison moved to adopt the ordinance. The motion carried by
the following recorded vote:
AYES:
Supervisors Eddy, Minnix, Harrison, Johnson
NAYS:
None
ABSENT:
Supervisor Nickens
ORDINANCE 062497-7 AUTHORIZING THE PURCHASE OF CERTAIN
REAL ESTATE FOR DRAINAGE PURPOSES FROM DAVID A.
THOMPSON, TAX MAP NO. 36.19-1-1.2
as follows:
BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia,
1. That pursuant to the provisions of Section 18.04 of the Charter of
Roanoke County, a first reading on this ordinance was held on Junê 10, 1997; and a
second reading was held on June 24, 1997.
2. That the purchase of this real estate from David A. Thompson for One
Hundred Dollars ($100) for drainage purposes is hereby accepted. Said real estate is
more particùlarly described as a .36-acre parcel of real estate identified as Tax Map No.
36.19-1-1.2.
3. That the County Administrator is authorized to execute such
documents and take such actions on behalf of Roanoke County as are necessary to
accomplish the conveyance of said property, all of which shall be upon form approved by
the County Attorney.
Supervisor Harrison moved to adopt the ordinance. The motion carried by
the following recorded vote:
AYES: Supervisors Eddy, Minnix, Harrison, Johnson
NAYS: None
ABSENT: Supervisor Nickens
IN RE:
APPOINTMENTS
1. Parks and Recreation Advisory Commission.
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Supervisor Johnson nominated Richard Cox to serve another three year term
which will expire June 30, 2000, and asked that the confirmation be placed on the Consent
Agenda.
IN RE:
CONSENT AGENDA
R-062497-8: R-062497-8.g
Supervisor Minnix moved to adopt the Consent Agenda after discussion of
Item 4. The motion carried by the following recorded vote:
AYES:
Supervisors Eddy, Minnix, Harrison, Johnson
NAYS:
None
ABSENT: Supervisor Nickens
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RESOLUTION 062497-8 APPROVING AND CONCURRING LN 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
June 10, 1997 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:
1. Approval of minutes for May 13, 1997
2. Confirmation of appointments to the Board of Zoning Appeals, the
Building Code Board of Adjustments and Appeals, the Clean Valley
Council, and the Parks and Recreation Advisory Commission.
3. Appropriation of Federal and State Funds for reimbursement of
expenditures related to Hurricane Fran.
4. Authorization for write-off of Utility Bad Debt.
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June 24,1997
:I.
KequeSt Trom Scnool tjoara to accept $2500 grQllt flom Muwall:;
Motor Freight, Inc. for Writing Workshops.
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6. Appointment of George G. Assaid as Alternate Subdivision Agent for
Roanoke County.
7. Acceptance of water and sanitary sewer facilities serving Triple
Crown Estates - Section 1. . -'
8. Approval of resolution amending the Vehicle Utilization Policy to
increase mileage reimbursement for use of personal vehicle for
County business.
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 Eddy, Minnix, Harrison, Johnson
NAYS: None
ABSENT: Supervisor Nickens
RESOLUTION 062497-8.9 AMENDING THE VEHICLE UTILIZATION
POLICY TO REIMBURSE EMPLOYEES AT THE RATE OF $0.27 PER
MILE FOR THE USE OF PERSONAL VEHICLE IN THE CONDUCT OF
COUNTY BUSINESS
WHEREAS, the Board of Supervisors of Roanoke County implemented on
June 13, 1988 the Vehicle Utilization Policy as adopted on May 24, 1988 and which
determined the number of vehicles to be used by the various departments; and
WHEREAS, the said policy established the rate for reimbursement of
employees using personal vehicles in the performance of their assigned duties which had
been the rate authorized in Section 14.1-5 of the Code of Virginia; and
WHEREAS, the rate authorized by the Commonwealth of Virginia was
amended during the 1997 session of the General Assembly from a reimbursement rate of
$0.24 to $0.27 per mile.
NOW, THEREFORE, BE IT RESOLVED, by the Board of Supervisors of
Roanoke County that the County's Vehicle Utilization Policy is hereby amended to allow
reimbursement to employees for the use of their personal vehicle in the performance of
their assigned duties at the rate of $0.27 per mile for mileage driven on or after July 1,
1997.
Supervisor Minnix moved to adopt the resolution. The motion carried by the
following recorded vote:
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June 24, 1997
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AYES:
NAYS:
ABSENT:
Supervisors Eddy, Minnix, Harrison, Johnson
None
Supervisor Nickens
IN RE:
REPORTS AND INQUIRIES OF BOARD MEMBERS
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SUDervisor Harrison: (1) He announced that there was a severe flood
throughout the Salem area particularly in Montclair Estates. He thanked the Utility
Department staff for their assistance. (2) He advised that a work session will be held on
July 8, 1997 on storm water detention and also requested that the issue be discussed at
the joint meeting with Roanoke City Council. (2) He asked whether the County had any
control over the horse areas at Green Hill Park because the area needs mowing badly'-
Parks and Recreation Director Pete Haislip will contact the appropriate people. (4) He
announced that his star softball player had four wisdom teeth removed and wished her a
speedy recovery.
Supervisor Eddy: (1) He congratulated Supervisor Harrison for his state
championship softball team. (2) He asked staff about the new recycling program. Mr.
Hodge responded that the program should be in place by the July 8, 1997 meeting and
that the current program will continue until the new program begins. Supervisor Eddy
suggested that active communication be made to the residents about the changes. (3) He
asked about progress on completing the Policy Manual. Mr. Mahoney advised that there
had been no progress. Chairman Johnson asked Mr. Mahoney to have the manual
complete in six months. (4) He asked whether Mr. Mahoney had checked on whether the
Planning Commission is required by law to review the Comprehensive Plan. Mr. Mahoney
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June 24, 1997
responded that he is surveying other localities on how they handle and should have the
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responses back in July. (5) He asked why Roanoke County was not requested to adopt
a resolution on the closing of Woodhaven. Arnold Covey responded that the Virginia
Department of Transportation staff said that the County does not hav~ to adopt a
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resolution because it was a maintenance project, not a construction project. '(6) He asked
when a report would be brought back on the improvements to the Courthouse parking lot
which previously resulted in tie vote. Mr. Hodge responded that the judges and the
courthouse personnel are looking at long range solutions. Mr. Mahoney also responded
that tie votes should be brought back to next meeting, and if still tied, the issue is deemed
to have failed. (7) He attended a tour of park facilities, was impressed, and found the trip
enjoyable.
Supervisor Minnix: (1) He announced that the Audit Committee met today
and that the auditors have expressed that everything is as it should be. They will next be
looking at the Treasurer's area and a final report will be complete by October.
Supervisor Johnson: (1) He expressed sympathy upon the death of
Roanoke City Police Chief David Hooper and requested that the staff send an appropriate
remembrance from the Board. (2) He attended the ground breaking at ValleyPointe for
lIT. He asked when the Glenn-Mary property would close. Mr. Hodge responded that it
will be brought back to the Board in July. Supervisor Harrison also announced that there
would be a report from the citizens committee that was established in the community.
IN RE:
CITIZENS' COMMENTS AND COMMUNICATIONS
June 24,1997
389
Claire English, Goodwill Industries, 1489 E. Main Street, Salem, spoke and
requested that the Board of Supervisors participate in a Citizens' Transportation Advisory
Committee that is being developed, and that a Board member serve as liaison. Chairman
Johnson agreed and announced that the Board has also established a task force to look
at issues affecting the disabled and senior citizens, and asked for her involvement in the
County's task force. Supervisor Eddy suggested that John Chambliss serve as liaison to
the committee.
IN RE:
REPORTS
Supervisor Minnix moved to receive and file the following reports after
discussion of Item 7. The motion carried by a unanimous voice vote ~ith Supervisor
Nickens absent.
1. General Fund Unappropriated Balance.
Z. Capital Fund Unappropriated Balance.
3. Board Contingency Fund.
4. Accounts Paid - May 1997.
§. Statement of Revenues and Expenditures as of May 31.1997.
§. Review bv Plannina Commission of acquisition of 34 acres on
Green Ridge for compliance with the Comprehensive Plan.
7. ReDort on revisions to the National air qualitv standards dealing
with levels of ozone and particulate matter.
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June 24, 1997
~upervlsor t:ooy requesteo suPPOrt Trom me orner Ijoard memcers to Tax a
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letter President Clinton opposing stricter EPA standards. There was no support from the
other Board members.
IN RE:
EXECUTIVE SESSION
At 4:25 p.m., Supervisor Johnson moved to go into Executive Session
pursuant to the Code of Virginia Section 2.1-344 A (1) Personnel matters; evaluation of
County Administrator and County Attorney; and appointments to Committees,
Commissions and Boards. The motion carried by the following recorded vote:
AYES: Supervisors Eddy, Minnix, Harrison, Johnson
NAYS: None
ABSENT: Supervisor Nickens
IN RE: CERTIFICATION OF EXECUTIVE SESSION
R-062497-9
At 7:01 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 Eddy, Minnix, Harrison, Johnson
NAYS: None
ABSENT: Supervisor Nickens
RESOLUTION 062497-9 CERTIFYING EXECUTIVE MEETING WAS HELD
IN CONFORMITY WITH THE CODE OF VIRGINIA
June 24,1997
391
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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 Bôai8 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 Eddy, Minnix, Harrison, Johnson
NAYS: None
ABSENT: Supervisor Nickens
IN RE:
PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS.
1. Presentation by the Roanoke Moose Lodge of $2.500 donation to
be used by the Police Department for a laptop computer for
criminal/traffic investigations.
David Simmons, Roanoke Moose Lodge, presented the check to Supervisor
Harrison, Chief of Police Ray Lavinder and Police Officer Tim Wyatt.
IN RE:
PUBLIC HEARING AND SECOND READING OF ORDINANCES
1. Ordinance rezoning 17.5 acres from'R-3 to C-2 ëfhd obtain a
Special Use Permit with conditions to construct a home for
adults. located east of Airport Road. north of the terminus of
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June 24,1997
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ttvoodbury Street. hollins lVIagisterlal District. upon t!'le petition
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of Shenandoah Homes Retirement VillaQes. (CONTINUED FROM
JUNE 10. 1997) (Janet Scheid, Planner)
Chairman Johnson advised that Supervisor Nickens had requested a
continuance of this petition because he was unable to attend the meeting. It was the
consensus of the Board to continue the rezoning until July 8, 1997.
2.. Ordinance to rezone 35.69 acres from R-3 & 1-1 to R-1 to
construct sinale family residences. located between Merriman
Road and intersection of Starkev Road and Buck Mountain Road.
Cave Spring Magisterial District. upon the petition of Joe R.
Blackstock. (Janet Scheid. Planner)
Supervisor Minnix moved to refer this rezoning back to the Planning
Commission so that the petitioner could respond to the Planning Commission's concerns.
The motion carried by the following recorded vote:
AYES: Supervisors Eddy, Minnix, Harrison, Johnson
NAYS: None
ABSENT: Supervisor Nickens
3. Ordinance authorizino a Special Use Permit to allow a private
kennel. located at 1905 Mavfield Drive. Vinton Maaisterial
June 24,1997
393
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District. UDon the petition of Coy L. And Deanna H. Weaver.
(Janet Scheid. Planner)
0-062497-10
Planner Janet Scheid reported that the petitioner, MI'. Weaver, has had five
dogs for eight years and had no problems with his neighborhood. He has no interest in
getting any more dogs than five, but might watch his neighbor's dog for a few weeks this
summer. The Planning Commission recommended approval with the number of dogs
limited to five and that the Special Use Permit shall not be transferable to any future
property owner.
Supervisor Eddy noted that the proposed ordinance did not include the
conditions recommended by the Planning Commission. County Attorney Paul Mahoney
recommended that the Special Use Permit be limited to a specific time.
. ..
Supervisor Eddy moved to adopt the ordinance with the following conditions:
(1) limit of five dogs; (2) special use permit for five year period; and (3) permit limited to
current owner only. The motion carried by the following recorded vote:
AYES: Supervisors Eddy, Minnix, Harrison, Johnson
NAYS: None
ABSENT: Supervisor Nickens
ORDINANCE 062497-10 GRANTING A SPECIAL USE PERMIT TO COY
AND DEANNA WEAVER TO OPERATE A PRIVATE KENNEL AT 1905
MAYFIELD DRIVE (PART OF TAX MAP NO. 79.03-5-59), VINTON
MAGISTERIAL DISTRICT
WHEREAS, Coy and Deanna Weaver have filed a petition to operate a
private kennel located at 1905 Mayfield Drive (Part of Tax Map No. 79.03-5-59) in the
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June 24,1997
Vinton Maglstenal Ulstnct; and
WHEREAS, the Planning Commission held a public hearing on this matter
on June 3, 1997; and
WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a
first reading on this matter on May 27, 1997; the second reading and public hearing on this
matter was held on June 24, 1997.
NOW, THEREFORE BE IT ORDAINED by the Board of Supervisors of
Roanoke County, Virginia, as follows:
1. That the Board finds that the granting of a special use permit to
operate a private kennel on 11.74 acres located at 1905 Mayfield Drive (Part of Tax Map
No. 79.03-5-59) in the Vinton Magisterial District is substantially in accord with the adopted
1985 Comprehensive Plan pursuant to the provisions of § 15.1-456 of the 1950 Code of
Virginia, as amended, and said Special Use Permit is hereby approved with the following
condition:
(1) The private kennel shall be limited to five dogs over the age of
six months.
(2) The Special Use Permit shall be in effect for five years
beginning June 25, 1997, and ending June 25,2002.
(3) The Special Use Permit is for Coy and Deanna Weaver only
and is not transferable to any other property owner.
2. That this ordinance shall be in full force and effect thirty (30) days
after its final passage. All ordinances or parts of ordinances in conflict with the provisions
of this ordinance be, and the same hereby are, repealed. The Zoning Administrator is
directed to amend the zoning district map to reflect the change in zoning classification
authorized by this ordinance.
Supervisor Eddy moved to adopt the ordinance with three added conditions.
The motion carried by the following recorded vote:
AYES: Supervisors Eddy, Minnix, Harrison, Johnson
NAYS: None
ABSENT: Supervisor Nickens
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4. Ordinance to rezone 1.231 acres from C-1 Conditional to C-1
Conditional to expand an existing parking lot. located at 3390
Colonial Avenue. Cave Spring Magisterial District. upon the
petition of Dr. William F. Ball and Eugenia H. Ball. (Janet Scheid,
Planner)
0-062497-11
June 24,1997
395
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Ms. Scheid advised that the petitioner is requesting to expand their parking
lot to the lower level. The only change from the original conditions would be an
amendment to condition #3 allowing additional parking. The Planning Commission
recommended approval.
Supervisor Minnix moved to adopt the ordinance. The motion carried by the
following recorded vote:
AYES: Supervisors Eddy, Minnix, Harrison, Johnson
NAYS: None
ABSENT: Supervisor Nickens
ORDINANCE 062497-11 TO CHANGE THE ZONING CLASSIFICATION OF
A 1.231-ACRE TRACT OF REAL ESTATE LOCATED AT 3390 COLONIAL
AVENUE (TAX MAP NO. 77.11-1-57) IN THE CAVE SPRING
MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF C-1,
CONDITIONAL, TO THE ZONING CLASSIFICATION OF C-1,
CONDITIONAL, UPON THE APPLICATION OF DR. WILLIAM F. BALL
AND EUGENIA H. BALL
WHEREAS, the first reading of this ordinance was held on May 27, 1997,
and the second reading and public hearing were held June 24, 1997; and,
WHEREAS, the Roanoke County Planning Commission held a public hearing
on this matter on June 3, 1997; and
WHEREAS, legal notice and advertisement has been provided as reql,lired
bylaw.
BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia,
as follows:
1. That the zoning classification of a certain tract of real estate
containing 1.231 acres, as described herein, and located at 3390 Colonial Avenue, (Tax
Map Number 77.11-1-57) in the Cave Spring Magisterial District, is hereby changed from
the zoning classification of C-1, Conditional, Office District, to the zoning classification of
C-1, Conditional, Office District, with amended proffers.
2. That this action is taken upon the application of Dr. William F. Ball
and Eugenia H. Ball.
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June 24,1997
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;:So I nat me owner OT me property nas VOluntarily prOTTerea In writing me
following amended conditions which the Board of Supervisors of Roanoke County,
Virginia, hereby accepts:
(A) The rezoned parcel will be used for the construction and
operation of medical offices for the practice of medicine. The current building on subject
property will be retained and an addition built in the same style will be added to the rear
of said existing building.
(B) The medical practice will be limited to no more than three (3)
physicians.
(C) The development of the property will be in substantial
~~i~Ii¡[~¡tj~~ª~Ji~~¡¡~~:r.~¡fugl'\'II'II'II.III"I¡llIr~¡~ªirqtiflllg
(D) The "small evergreen trees" shown as part of a ''Type 'C' Buffer"
will be at least five (5)feet in height at planting.
(E) The "fence" shown as part of the ''Type 'C' Buffer" will be
constructed of wood and will be at least six (6) feet in height, and will be in place prior to
the commencement of construction of the site.
(F) The "small evergreen trees" will be placed in a staggered
manner on each side of the "fence."
(G) All trees and natural vegetation will be saved as possible.
(H) Outside lighting at the building will be residential in
appearance, and the lights and poles will not exceed ten (10) feet in height.
(I) Parking lot lighting will not exceed five (5) feet in height.
(J) Signage will be limited to fifty (50) square feet and will be
substantially as shown on Exhibit "A" attached.
4. That said real estate is more fully described as follows:
BEGINNING at a point on the north side of Ogden Road, SW, corner to the
land of the Knights of Pythias of Roanoke, VA; thence with the north side of
Ogden Road, SW, N. 74° 09' 07" W. 83.36 feet to a point; thence continuing
with the north side of Ogden Road, SW, N. 63° 34' 45" W. 153.52 feet to a
point; thence N. 16° 15' 50" W. 67.92 feet to a point on the east side of
Colonial Avenue, SW; thence with the east side of Colonial Avenue, SW, N.
29° 43' 19" E. 174.08 feet to a point on the east side of Colonial Avenue,
SW, corner to Lot 5, Ogden Hills; thence S. 51 ° 27' E. 294.05 feet to a point;
thence S. 32° 28' W. 147.37 feet to the Place of Beginning, containing 1.231
acres.
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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.
Supervisor Minnix moved to adopt the ordinance. The motion carried by the
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June 24, 1997
397
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following recorded vote:
AYES: Supervisors Eddy, Minnix, Harrison, Johnson
NAYS: None
ABSENT: Supervisor Nickens
~ Ordinance to rezone approximately 2.75 acres from R-2 to C-2 to
construct a druastore. located at the comer of Route 419 and
Brambleton Avenue. Cave Sprina Magisterial District. UDon the
petition of C&C Development. L.L.C. (Janet Scheid. Planner)
0-062497-12
Ms. Scheid advised that the petitioner proposes to remove the gas station
canopies and pumps of the AMOCO station and raze a total of 4 houses, build a 11,060
square foot Rite-Aid drugstore, and a 6,000 square foot retail building possibly to be
leased to a video rental business. The total area to be purchased is 5.4 acres with the
rezoning request 2.75 acres. The majority of the parking on this site will be located in
between the two buildings. Substantial grading and excavation will be required, but there
will be no blasting. Access to the site will be from both Route 419 and Route 221. A new
entrance constructed north of the existing median on Route 221 will allow turning
movements in both directions. The Planning Commission recommended approval.
Mike Pace, attorney for the petitioner, was present and announced that Rite-
Aid is developing six stores in the area. The rezoning wil not generate additional traffic,
and the proposed buffering on the site exceeds the County Code requirements. None of
the adjoining property owners were opposed to the proposal.
In response to a question from Supervisor Johnson, County Attorney Paul
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June 24, 1997
Manoney aavlsea mat ::¡upervlsor Jonnson nas no potential COnflict cecause nls aaugmer
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is a pharmacist and a realtor with his real estate firm is selling a contiguous parcel.
In response to a question from Supervisor Eddy regarding signage, the
petitioner advised that they will have a sign on the awning and a sign on the pylon.
Supervisor Minnix moved to adopt the ordinance. The motion carried by the
fOllowing recorded vote:
AYES: Supervisors Eddy, Minnix, Harrison, Johnson
NAYS: None
ABSENT: Supervisor Nickens
ORDINANCE 062497-12 TO CHANGE THE ZONING CLASSIFICATION OF
A 2.75-ACRE TRACT OF REAL ESTATE LOCATED AT THE CORNER OF
ROUTE 419 AND BRAMBLETON AVENUE (PART OF TAX MAP NOS.
77.13-5-37,77.13-5-40, TAX MAP NO. 77.13-5-38) IN THE CAVE SPRING
MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF R-2
TO THE ZONING CLASSIFICATION OF C-2 WITH CONDITIONS UPON
THE APPLICATION OF C&C DEVELOPMENT, L.L.C.
WHEREAS, the first reading of this ordinance was held on May 27, 1997,
and the second reading and public hearing were held June 24, 1997; and,
WHEREAS, the Roanoke County Planning Commission held a public hearing
on this matter on June 3, 1997; and
WHEREAS, legal notice and advertisement has been provided as required
bylaw.
as follows:
BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia,
1. That the zoning classification of a certain tract of real estate
containing 2.75 acres, as described herein, and located at the corner of Route 419 and
Brambleton Avenue (Part of Tax Map Numbers 77.13-5-37, 77.13-5-40, Tax Map Number
77.13-5-38) in the Cave Spring Magisterial District, is hereby changed from the zoning
classification of R-2, Medium Density Residential District, to the zoning classification of C-
2, General Commercial District.
2. That this action is taken upon the application of C&C Development,
June 24,1997
399
L.L.C.
3. That the owner of the property has voluntarily proffered in writing the
following conditions which the Board of Supervisors of Roanoke County, Virginia, hereby
accepts:
(A) The Property which is the subject of the rezoning will be
developed in substantial conformity with the revised rezoning site plan dated April 16,
1997, revised May 21, 1997, subject to any modifications required or agreed to by
Roanoke County.
(B) The hillside that remains after the necessary grading and
excavation will be planted in some type of vegetative cover.
4. That said real estate is more fully described as follows:
BEGINNING at the true point of beginning, said point being the point of
intersection of the northeastern right-of-way line of Virginia Route 419 and
the southeastern right-of-way line of Brambleton Avenue; thence proceeding
along the right-of-way line of Brambleton Avenue N. 23° 36' 20" E. a distance
of 16.74' to a point; thence N. 13° 30' 20" E. a distance of 281.51' to a point;
thence N. 85° 33' 38" W. a distance of 5.75' to a point; thence N. 18° 41' 11"
E. a distance of 55.23' to a point; thence N. 05° 43' 36" E. a distance of
22.20' to a point; thence N. 14° 33' 46" E. a distance of 89.16' to a point;
thence leaving the right-of-way of Brambleton Avenue and running S. 80° 26'
46" E. a distance of 168.15' to a point; thence S. 75° 06' 56" E. a distance of
39.15' to a point; thence S. 75° 06' 56" E. a distance of 62.85' to a point;
thence S. 04° 40' 01" W. a distance of 130.02' to a point; thence S. 04° 40'
01" W. a distance of 147.56' to a point; thence S. 84° 19' 25" W. a distance
of 171.87' to a point; thence S. 15° 13' 30" W. a distance of 116.17' to a
point; thence S. 00° 00' 30" E. a distance of 111.57' to a point lying on the
right-of-way of Virginia Route 419; thence running along said right-of-way N.
63° 04' 20" W. a distance of 24.62' to a point; thence N. 49° 10' 35" W. a
distance of 168.35' returning to the true point of beginning, and containing
2.753 acres.
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.
Supervisor Minnix moved to adopt the ordinance. The motion carried by the
following recorded vote:
AYES: Supervisors Eddy, Minnix, Harrison, Johnson
NAYS: None
ABSENT: Supervisor Nickens
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June 24,1997
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UI~lllaIH....: dlllt::.njiIIY lilt: RUCUluktt Cuullly Gude by i.trJlendl,uJ
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Section 21-73. General Prerequisites to Grant of Division 3.
Exemptions for elderly and disabled persons of Chapter 21 r
Taxation. to increase the allowed total combined net worth.
(Paul Mahoney. Countv Attorney)
0-062497-13
Mr. Mahoney advised that this ordinance would increase the net combined
financial worth criteria to be eligible for an exemption or deferral from local real estate
taxation from $75,000 to $100,000. There were no changes from the first reading.
Supervisor Johnson moved to adopt the ordinance. The motion carried by
the following recorded vote:
AYES: Supervisors Eddy, Minnix, Harrison, Johnson
NAYS: None
ABSENT: Supervisor Nickens
ORDINANCE 062497-13 AMENDING THE ROANOKE COUNTY CODE BY
AMENDING SECTION 21-73, GENERAL PREREQUISITES TO GRANT OF
DIVISION 3. EXEMPTIONS FOR ELDERLY AND DISABLED PERSONS OF
CHAPTER 21. TAXATION TO INCREASE THE ALLOWED TOTAL
COMBINED NET WORTH
WHEREAS, Section 21-73 of the Roanoke County Code establishes a
restriction on the total combined net worth allowed for the exemption from or deferral of
real estate taxes for certain elderly or permanently and totally disabled persons; and
WHEREAS, the 1997 General Assembly for the Commonwealth of Virginia
amended Section 58.1-3211 of the 1950 Code of Virginia by increasing this total combined
net worth from $75,000 to $100,000; and
WHEREAS, the first reading of this ordinance was held on June 10, 1997;
and the second reading and public hearing was held on June 24,1997.
June 24,1997
401
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BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia,
as follows:
1. That Section 21-73. General prerequisites to arant of Division 3.
Exemption for elderly and disabled persons of Chapter 21. Taxation be amended to read
and provide as follows:
Sec. 21-73. General prerequisites to grant.
Exemptions provided for in this division shall be granted only if the following
conditions are met:
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(2) That the owner and his spouse did not have a total combined net
worth, including all equitable interests, exceeding se·tel9ty fi\'e
thOUS819d dell8rs ($75,000) ~®AîIK~¡jl:~º~ªl1j¡ªØ¥!!i(f$::t$m;:º:¡[j_)
as of December 31 of the immediately preceding calendar year. The
amount of net worth specified herein shall not include the value of the
sole dwelling house and up to one acre of land.
2. That this ordinance shall be in full force and effect with the 1998 tax
year.
Supervisor Johnson moved to adopt the ordinance. The motion carried by
the following recorded vote:
AYES: Supervisors Eddy, Minnix, Harrison, Johnson
NAYS: None
ABSENT: Supervisor Nickens
INRE:
ADJOURNMENT
At 7:50 p.m., Chairman Johnson adjourned the meeting to July 7, 1997, at
12:15 P.M., at the Virginia Museum of Transportation for a joint meeting with Roanoke City
Council.
Submitted by,
Approved by,
YYI~y..;. 0 <<".J<-
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Bob L. Johnso
Chairman
T
Mary H. Allen, CMC
Clerk to the Board
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June 24,1997
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