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HomeMy WebLinkAbout1/24/1995 - Regular January 24, 1995 57 - Roanoke County Board of Supervisors Roanoke County Administration Cente~ 5204 Bernard Drive Roanoke, Virginia 24018 January 24, 1995 The Board of Supervisors of Roanoke County, Virginia, met tlds day at the Roanoke County Administration Center, this being the fCJurt.h Tuesday, and the second regularly scheduled meeting of the mo~th of January, 1995. 1;1 f.t!:: C'ALL TO ORDER Chairman Minnix called the meeting to order at 3: 05 p.m. The roll call was taken. MEMBERS PRESENT: Chairman H. Odell "Fuzzy" Minnix, Vice Chairman Edward G. KOhinke, Sr., Supervisors Lee B. Eddy, Bob L. Johnson ~MBERS ABSENT: Supervisor Harry C. Nickens STAFF PRESENT: Elmer C. Hodge, County Administrator; Paul M. Mahoney, County Attorney; Brenda J. Holton, Deputy Clerk; John M. Chambliss, Assistant County Administrator; Don C. Myers, Assistant County Administrator; IN RE: OPENING CEREKONIES The invocation was given by the Honorable H. Odell Minnix, 58 January 24, 1995 r-- Chairman. The Pledge of Allegiance was recited by all present. IN RE: REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF AGENDA ITEMS Chairman Minnix apologized for a procedural error at the January 10, 1995 meeting and stated that the January 3rd organization Rules will be adhered to in the future. Supervisor Johnson asked for a briefing on the Business and Professional License Tax (BPOL) Hearing set for January 25, 1995 in Richmond. It was the consensus of the Board that Diane Hyatt, Director of Finance, would make a report later in the meeting. Mr. Hodge reported that Willis "Buck" Buchanan who was a member of the Roanoke County Volunteer Fire Department & Rescue Squad for many years died yesterday. His funeral has been scheduled for Friday morning, and the Board will make a donation to the Hollins Volunteer Fire Department and Rescue Squad in lieu of flowers. Mr. Hodge added Executive Session Items 2.1-344 A (5) to discuss location of a prospective business or industry, and (6) investment of public funds where competition or bargaining is involved. Mr. Myers introduced Bill Rand who was recently employed as Director of General Services. IN RE: BRIEFING h Presentation on Greenwavs. Valley Beautiful) (Bob Fetzer. Board Kember. January 24, 1995 59 A slide presentation concerning the establishment of a regional Greenways System was made by Bob Fetzer, and Frazier Davis from Hill Studios. Mr. Fetzer outlined the long-range project which would include trails following the Roanoke River corridor and linking the Appalachian Trail to Green Hill Park, and to Salem and Roanoke, and eventually to the Explore Park near the Blue Ridge Parkway. He described plans for a Greenways Commission which would be charged with designing and implementing the system. The Board directed Mr. Hodge to study the request and bring a report back to the Board. IN RE: NEW BUSINESS h Aooroval of Resolution Authorizino the Execution of an Addendum to the 1979 Water contract with the citv of Roanoke. (Paul Kahonev. County Attornev) R-12495-1 Mr. Mahoney advised that this action would settle the current litigation between Roanoke City and the County over the water contract. Chairman Minnix advised that the Roanoke City Council approved the Addendum at their meeting yesterday. Supervisor Johnson suggested that when comparing water rates, it should be considered that the County pays a 25% surcharge to Roanoke City for water. Supervisor Johnson moved to adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors Johnson, KOhinke, Eddy, Minnix NAYS: None 60 January 24, 1995 == ABSENT: Supervisor Nickens RESOLUTION 12495-1 AUTHORIZING THE EXECUTION OF AN ADDENDUM TO THE 1979 WATER CONTRACT WITH THE CITY OF ROANOKE WHEREAS, the City of Roanoke, the County of Roanoke, and the Roanoke County Public Service Authority in 1979 entered into a contract relating to the ownership and conveyance of certain water and sewer lines and the sale of surplus water by the City to the County for 30 years; and WHEREAS, in 1992 litigation ensued between the City and the County with respect to this contract: and WHEREAS, the City and the County desire to amicably resolve and settle said litigation; and WHEREAS, the City and the County desire to amend certain- sections of the 1979 contract in order to implement the settlement of this litigation and to resolve the differences between them with respect to this contract by the adoption of an addendum to said contract. NOW, THEREFORE, be it resolved by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the Chairman of the Board of Supervisors is hereby authorized to execute this addendum to the 1979 water contract on behalf of the County of Roanoke. 2. That a certified copy of this resolution be sent to the Mayor of the City of Roanoke. On motion of Supervisor Johnson to adopt the resolution, and - January 24, 1995 Q carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Minnix NAYS: None ABSENT: Supervisor Nickens ~ Reouest from Total Action Aaainst Povertv for Action Oooosina Federal Cuts to TAP and Federal community Services Block Grant Proaram. (Elmer Hodae. Countv Administrator) A-12495-2 Mr. Hodge advised that E. Cabell Brand, Chairman of TAP Board of Directors, has requested that the Board wri te letters to Governor Allen and Congressman Goodlatte to oppose state and federal cuts to TAP. It is estimated that if the proposed reductions are effective, TAP will lost $652,000 in federal funds and $135,800 in state funds. Supervisor Eddy asked that staff bring back a resolution of opposition for Board approval at the next meeting, and suggested that the resolution be sent to the Governor and all of the Roanoke Valley legislators. Supervisor Kohinke moved to send the letters as requested by TAP to Governor Allen and Congressman Goodlatte, and draft a resolution for adoption at the February 14, 1995 meeting. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Minnix 62 January 24, 1995 - NAYS: ABSENT: None Supervisor Nickens IN RE: REQUEST FOR PUBLIC HEARING AND FIRST READING OF REZONING ORDINANCES - CONSENT AGENDA Supervisor Johnson moved to approve the first reading and set the second reading and public hearing for February 28, 1995. The motion carried by the following recorded vote: AYES: Supervisors Johnson, KOhinke, Eddy, Minnix NAYS: None ABSENT: Supervisor Nickens h Ordinance to Rezone a oortion of 1.242 Acres from C-2 Conditional to C-2 to Exoand the Existina Buildina. Located at 4347 Old Cave Sorina Road. windsor Hills Kaaisterial District. Uoon the Petition of Joseoh A. Quesenberrv. ~ Ordinance Authorizina a Soecial Use Permit to Construct a Broadcast Tower Atoo Read Kountain Aooroximatelv .4 Kile North of summit Ridae Road. Hollins Kaaisterial District. uoon the petition of Virainia Towers Inc. h Ordinance to Rezone 7.17 Acres from R-1 to R-3 to Construct a Townhome Pro;ect. Located Northwest of the January 24, 1995 g Intersection of Feather Road and Temole Drive. vinton Kaaisterial District. uoon the Petition of Wimmer Real Estate Network Inc. IN RE: FIRST READING OF ORDINANCES h Ordinance Authorizina Convevance of certain Parcels of Real Estate Located in the citv of Salem (Tax Kao Nos. 146-9-5. 146-9-6. 146-9-7) and Known as the Old County School Board Offices and Annex Located at 510 and 526 Co1leae Avenue. Salem. VA. (Paul Kahonev. County Attornev) Mr. Mahoney advised that the Old County School Board Offices and Annex were declared surplus by the School Board on January 12, 1995, and this is the first reading of the ordinance which starts the process of notifying the public of the proposed sale of this property. The County has received one offer and the deadline for receiving other offers is 4:00 p.m., February 10, 1995. Supervisor Minnix moved to approve the first reading and set the second reading for February 14, 1995. The motion carried by the following recorded vote: AYES: Supervisors Johnson, KOhinke, Eddy, Minnix NAYS: None ABSENT: Supervisor Nickens It was the consensus of the Board that an advertisement of the proposed sale and deadline for offers be placed in the Roanoke 64 January 24, 1995 Times & World-News. IN RE: SECOND READING OF ORDINANCES h Ordinance Authorizina Convevance of an Easement to Aooa1achian Power Comoanv for Electric service Across Prooerty Owned bv the Board of suoervisors Near Sorina Hollow for the Water Treatment Facilitv. (Paul Mahonev. Countv Attornev) 0-12495-3 Mr. Mahoney advised that there had been no changes to the ordinance since the first reading. There was no discussion. Supervisor Kohinke moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Minnix NAYS: None ABSENT: Supervisor Nickens ORDINANCE 12495-3 AUTHORIZING CONVEYANCE OF AN EASEMENT TO APPALACHIAN POWER COKPANY FOR ELECTRIC SERVICE ACROSS PROPERTY OWNED BY THE BOARD OF SUPERVISORS NEAR SPRING HOLLOW FOR THE WATER TREATMENT FACILITY WHEREAS, the Roanoke County utility Department is developing and constructing the new water treatment facility on property owned by the Board of Supervisors, said property being located near Spring Hollow, in the Catawba District, on Virginia secondary Route 821; and, WHEREAS, Appalachian Power Company (APCO) requires a right of way for an overhead transmission line or lines across the property - January 24, 1995 65 to provide electric service for the facility, as shown on APCO Drawing No. R-3083, dated October 25, 1994; and, WHEREAS, the proposed right of way will serve the interests of the public and is necessary for the public health, safety, and welfare of citizens of the County of Roanoke. 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 January 10, 1995; and a second reading was held on January 24, 1995. 2. That pursuant to the provisions of Section 16.01 of the Charter of Roanoke County, the interests in real estate to be conveyed are hereby declared to be surplus, and are hereby made available for other public uses by conveyance to Appalachian Power Company for the provision of electrical service in connection with Roanoke County's water treatment facility. 3. That donation of a right-of-way for an overhead transmission line or lines, and related improvements, across the water treatment facility site, to provide electric service for the facility, as shown on APCO Drawing No. R-3083, dated October 25, 1994, to Appalachian Power Company is hereby authorized subject to the County reserving the right to continue to use the proposed easement area for the necessary drainage facilities. 66 January 24, 1995 - 4. That the County Administrator is hereby authorized to execute such documents and take such further actions as may be necessary to accomplish this conveyance, 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. On motion of Supervisor Kohinke to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Minnix NAYS: None ABSENT: Supervisor Nickens ~ ordinance Authorizina the Convevance of Roanoke Countv's Interest in certain Real Estate (Reaiona1 Sanitary Landfill) to the Roanoke Vallev Resource Authoritv. Sub;ectina Said prooertv to Certain Protective Covenants. and certain other provisions. (Paul Mahonev. Countv Attornev) 0-12495-4 Mr. Mahoney advised that it is anticipated that this ordinance will expedite the construction of the Blue Ridge Parkway Spur Road. If the ordinance is approved by Roanoke County, the City of Roanoke, and Town of Vinton, the following things will occur: (1) recordation of the protective covenants; (2) deed of easement of 89.964 acres to the United States of America, Department of the January 24, 1995 67 Interior: and (3) deed conveying 257.08 acres (subject to the 89.964 acre easement) to the Roanoke Valley Resource Authority. Mr. Mahoney advised that this ordinance would accomplish three purposes: (1) authorize subjecting this real estate to certain protective covenants limiting the use of this real estate to park, recreational, and open space purposes; (2) authorize the conveyance of the County's interest in this real estate to the RVRA: and (3) request the RVRA cooperate with the Department of the Interior in the establishment and construction of the Blue Ridge Parkway extension across this real estate to the Explore Park. Dr. Rupert Cutler, Executive Director for Explore Park, asked if the protective covenants would preclude any of the on-going County activities, such as the native indian pow-wow, civil war reenactment, or kite flying. Mr. Mahoney advised that these uses would be considered appropriate under the protective covenants as open space purposes. Supervisor Johnson moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Minnix NAYS: None ABSENT: Supervisor Nickens ORDINANCE 12495-4 AUTHORIZING THE CONVEYANCE OF ROANOKE COUNTY'S INTEREST IN CERTAIN REAL ESTATE (REGIONAL SANITARY LANDFILL) TO THE ROANOKE VALLEY RESOURCE AUTHORITY, SUBJECTING SAID PROPERTY TO CERTAIN PROTECTIVE COVENANTS, AND CERTAIN OTHER PROVISIONS 68 January 24, 1995 ---- WHEREAS, the City of Roanoke, the Town of Vinton, and the County of Roanoke by agreement dated July 29, 1975, agreed to acquire approximately 257.08 acres of real estate located on State Route 618 (Rutrough Road) for the operation of a regional sanitary landfill; and, WHEREAS, said agreement provided that upon the full utilization of the real estate for landfill purposes, said real estate might be maintained and operated as a regional recreational facility or area for the citizens of the City, Town and County: and, WHEREAS, the City, County, and Town have created the Roanoke Valley Resource Authority (RVRA) to address the solid waste disposal needs of the Roanoke Valley, and the RVRA has developed a new solid waste disposal facility at Smith Gap to replace the old sanitary landfill on Rutrough Road; and, WHEREAS, the RVRA has undertaken the closure and post- closure responsibilities of the old sanitary landfill on behalf of the City, Town, and County; and, WHEREAS, the ci ty , County and Town have encouraged the establishment and construction of an extension of the Blue Ridge Parkway to the Explore Park, said extension being designe~ to cross a portion of this real estate; and, WHEREAS, the city, County and Town desire to convey their respective interests in said real estate to the RVRA, to subject said real estate to certain protective covenants limiting the use of said real estate to park, recreational and open space purposes, and to --1 January 24, 1995 69 - request the RVRA to cooperate with the Department of Interior in the establishment and construction of the extension of the Blue Ridge Parkway to the Explore Park. BE IT ORDAINED, By the Board of Supervisors of Roanoke County, Virginia: 1. That there is hereby authorized the declaration of certain protective covenants limiting the use of approximately 257.08 acres of real estate located on State Route 618 (the "Property") to park, recreational and open space purposes, in connection with an extension of the Blue Ridge Parkway and Explore Park. That this Declaration of Protective Covenants shall be substantially in the form of the attached Exhibit "A". 2. That pursuant to the provisions of Section 16.01 of the Charter of Roanoke County, the subject property has been declared to be surplus and is being made available for other public uses; and 3. That pursuant to the provisions of Section 18.04 of the Charter of Roanoke County, a first reading was held on January 10, 1995: and a second reading was held on January 24, 1995, concerning disposition of a 257. 08-acre parcel of real estate known as the Roanoke Regional Landfill: and 4. That the conveyance of an easement over a portion of the Property, said easement consisting of 89.964 acres, to the united States of America, Department of Interior, for the location, construction and maintenance of a spur road of the Blue Ridge Parkway, said conveyance having been previously authorized by this Board by the 70 January 24, 1995 t== ldoption of Ordinance 91394-4 is hereby ratified and confirmed. 5. That the conveyance by Special Warranty deed of the :ounty's 31.2% undivided interest in the Property to the Roanoke 'lalley Resource Authority is hereby authorized and approved. 6. That the Roanoke Valley Resource Authority is hereby ~equested to cooperate with the Department of Interior in the establishment and construction of the extension of the Blue Ridge ?arkway to the Explore Park. 7. That this conveyance by the County is subj ect to the councils of the City of Roanoke and the Town of Vinton authorizing similar actions on behalf of the City and Town, respectively. 8. That the County Administrator is hereby authorized to take such actions and to execute such documents as may be necessary to accomplish the purposes of this ordinance and to effectuate these transactions, all upon form approved by the County Attorney. 9. That the Clerk to the Board of Supervisors is directed to mail a certified copy of this ordinance to the Mayors for the Councils of the City of Roanoke and the Town of vinton. On motion of Supervisor Johnson to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Minnix NAYS: None ABSENT: Supervisor Nickens h Ordinance Authorizina the Acquisition of a Permanent -- January 24, 1995 7-1 - Sanitary Sewer Easement from stranna L. Arthur. LVle K. Arthur. and Patricia A. Holt in Connection with the Oaden center Prooertv. (Paul Mahoney. County Attorney) 0-12495-5 There was no discussion. Supervisor Minnix moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Minnix NAYS: None ABSENT: Supervisor Nickens ORDINANCE 12495-5 AUTHORIZING THE ACQUISITION OF A PERMANENT SANITARY SEWER EASEMENT FROK STRANNA L. ARTHUR, LYLE K. ARTHUR, AND PATRICIA A. HOLT IN CONNECTION WITH THE OGDEN CENTER PROPERTY WHEREAS, in order to connect wi th existing sani tary sewer lines serving the area and to provide adequate service to the site commonly known as the Ogden Center property, it is necessary to acquire a sanitary sewer easement upon, over, under and across property owned by Stranna L. Arthur, Lyle M. Arthur, and patricia A. Holt, and designated on the Roanoke County Land Records as Tax Map No. 77.15-1-12; and, WHEREAS, the location of the easement is shown and designated on a plat entitled "Easement Plat for County of Roanoke Showing A New 20' Sanitary Sewer Easement" dated December 5, 1994, prepared by T. P. Parker & Son, Engineers-Surveyors-Planners: and, WHEREAS, staff has negotiated the purchase of said easement from the property owners for the sum of $700.00; and, 72 January 24, 1995 !:= WHEREAS, section 18.04 of the Roanoke County Charter directs that the acquisition of real estate be accomplished by ordinance; the first reading of this ordinance was held on January 10, 1995; and the second reading was held on January 24, 1995. THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the County Administrator is hereby authorized to acquire from Stranna L. Arthur, Lyle M. Arthur, and Patricia A. Holt a permanent 20' sanitary sewer easement, as shown on the plat entitled "Easement Plat for County of Roanoke Showing A New 20' Sanitary Sewer Easement" dated December 5, 1994, for an amount not to exceed $700.00. 2. That the purchase price shall be paid out of the capital projects fund. 3. That the County Administrator is authorized to execute such documents and take such actions on behalf of Roanoke County in this matter as are necessary to accomplish the acquisition of this property, all of which shall be approved as to form by the County Attorney. 4. That this ordinance shall be effective on and from the date of its adoption. On motion of Supervisor Minnix to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Johnson, KOhinke, Eddy, Minnix NAYS: None ABSENT: Supervisor Nickens = January 24, 1995 73 h ordinance Authorizina the Acquisition of a Permanent Sani tarv Sewer Easement from Honevwood Associates in Connection with the Oaden Center Prooerty. (Paul Kahonev. Countv Attornev) 0-12495-6 Mr. Mahoney advised that acquiring this easement is necessary to complete the sale of the Ogden Center property, and that Honeywood Associates has agreed to provide the necessary easement for $1.00. There was no discussion. Supervisor Minnix moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Johnson, KOhinke, Eddy, Minnix NAYS: None ABSENT: Supervisor Nickens ORDINANCE 12495-6 AUTHORIZING THE ACQUISITION OF A PERMANENT SANITARY SEWER EASEMENT FROK HONEYWOOD ASSOCIATES IN CONNECTION WITH THE OGDEN CENTER PROPERTY WHEREAS, in order to connect with existing sanitary sewer lines serving the area and to provide adequate service to the site commonly known as the Ogden Center property, it is necessary to acquire a sanitary sewer easement upon, over, under and across property owned by Honeywood Associates, a Virginia Limited Partnership, and designated on the Roanoke County Land Records as Tax Map No. 77.15-1-10; and, WHEREAS, the location of the easement is shown and 74 January 24, 1995 == designated on a plat entitled "Easement Plat for County of Roanoke Showing A New 20' Sanitary Sewer Easement" dated December 5, 1994, prepared by T. P. Parker & Son, Engineers-Surveyors-Planners; and, WHEREAS, staff has negotiated the purchase of said easement from the property owner for the sum of $1.00; and, WHEREAS, section 18.04 of the Roanoke County Charter directs that the acquisition of real estate be accomplished by ordinance; the first reading of this ordinance was held on January 10, 1995; and the second reading was held on January 24, 1995. THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the County Administrator is hereby authorized to acquire from Honeywood Associates, a Virginia limited partnership, a permanent 20' sanitary sewer easement, as shown on the plat entitled "Easement Plat for County of Roanoke Showing A New 20' Sanitary Sewer Easement" dated December 5, 1994, together with a temporary construction easement, for the sum of $1.00. 2. That the purchase price shall be paid out of the capital projects fund. 3. That the County Administrator is authorized to execute such documents and take such actions on behalf of Roanoke County in this matter as are necessary to accomplish the acquisition of this property, all of which shall be approved as to form by the County Attorney. 4. That this ordinance shall be effective on and from the January 24, 1995 75 - date of its adoption. On motion of Supervisor Minnix to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Minnix NAYS: None ABSENT: Supervisor Nickens IN RE: APPOINTMENTS h Roanoke Reaional Airoort Commission Supervisor Minnix nominated Arthur M. Whittaker to serve another four-year term. His term will expire February 10, 1999. ~ Southwest Develooment Financina. Inc. Supervisor Johnson nominated Timothy W. Gubala to serve another two-year term. His term will expire January 12, 1997. A-12495-7 Supervisor Johnson moved to add the Consent Agenda at the February 14, 1995 meeting. by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Minnix NAYS: None ABSENT: Supervisor Nickens nominations to the The motion carried IN RE: CONSENT AGENDA 0-12495-8 Supervisor Johnson moved to adopt the Consent Resolution. 76 January 24, 1995 '== The motion carried by the fOllowing recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Minnix NAYS: None ABSENT: Supervisor Nickens RESOLUTION 12495-8 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 January 24, 1995, 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 4, inclusive, as follows: 1. Approval of Minutes for January 3, 1995. 2. Request for Approval of Raffle Permi t from the Cave Spring Knights Booster Club. 3. Request for Appropriation of $7,236 to School Operating Budget for Purchase of Electronic Reference Materials for Secondary School Library Media Centers. 4. Acceptance of Water and Sanitary Sewer Facilities Serving Huntridge, Section 3. 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 Johnson to adopt the Consent =:I === January 24, 1995 77 Resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Eddy NAYS: None ABSENT: Supervisor Nickens IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS Suoervisor Eddy: (1) He asked for a status report on the police traffic unit. Mr. Hodge will bring a report to the February 14, 1995 meeting. (2) He asked for a response to his memorandum suggesting the formation of a regional Commission on Organ and Tissue Donation and Transplantation as established in Fairfax County. Supervisors Kohinke and Minnix indicated that they would be interested in the response. Mr. Hodge will discuss with Dr. Rutledge and have a report at the February 14, 1995 meeting. IN RE: REPORTS Supervisor Kohinke moved to receive and file the following reports after discussion of Item 1. The motion carried by a unanimous voice vote with Supervisor Nickens absent. h General Fund Unaoorooriated Balance ~ Ca~ital Fund Unaoorooriated Balance h Board Continaency Fund h Accounts Paid - December. 1994 ~ Statement of Revenues and Exoenditures as of December 31. 1994 78 January 24, 1995 L_ 1:= ~ Summary of County Ridershio and Costs for Valley Metro ~ Bond Pro;ect status Reoort h statement of the Treasurer's Accountability per Investments and Portfolio Policy. as of December 31. 1994 ~ Proclamations sianed bY Chairman 10. Second Ouarter Reoort of Claim Activity for the se1f- Insurance Proaram. IN RE: BRIEFING Diane D. Hyatt, Director of Finance, briefed the Board on a letter dated January 20, 1995 from Governor Allen concerning proposed legislation to phase out the BPOL tax over a five year period. Chairman Minnix advised that he will testify at the public hearing in Richmond on January 25, 1995 and oppose the elimination of the tax. IN RE: EXECUTIVE SESSION At 4:15 p.m. Supervisor Johnson moved to go into Executive session pursuant to the Code of Virginia Section 2.1-344 A (5) To discuss location of a prospective business or industry, and (6) Investment of public funds where competition or bargaining is involved. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Minnix NAYS: None ABSENT: Supervisor Nickens ~ January 24, 1995 79 IN RE: CERTIFICATION OF EXECUTIVE SESSION R-12495-9 At 5:00 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 Johnson, KOhinke, Eddy, Minnix NAYS: None ABSENT: Supervisor Nickens RESOLUTION 12495-9 CERTIFYING EXECUTIVE MEETING WAS HELD IN CONFORMITY WITH THE CODE OF VIRGINIA WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened an executive meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of The Virginia Freedom of Information Act; and WHEREAS, Section 2.1-344.1 of the Code of Virginia requires a certification by the Board of Supervisors of Roanoke County, Virginia, that such executive meeting was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, hereby certifies that, to the best of each members knowledge: 1. Only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the executive meeting which this certification resolution applies, and 2. Only such public busi~ess matters as were identified in 80 January 24, 1995 I 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 Johnson, Kohinke, Eddy, Minnix NAYS: None ABSENT: Supervisor Nickens IN RE: WORK SESSION (5:00 PM - FOURTH FLOOR CONFERENCE ROOK) h Work Session with School Board and School Personnel on Structure of Teachers' Salary Scale. Frank Thomas, Chairman, called the Roanoke County School Board to order, with Tom Leggett being absent, and Dr. Deanna Gordon, School Superintendent, present. Dr. Jerry Hardy, Director of Budget and Data Management for Schools, distributed charts with the average salary computations for Roanoke County, the State and National. He also discussed the tier adj ustments for the salary scales for the years 1992 through 1995. He advised that the 1994-95 estimated average salary for County teachers is $35,205, with State average being $34,122, and National average $37,059. Mr. Butch Kelly, President of the Roanoke County Education Association and a member of the RCEA Salary Committee, introduced Ms. Allyn Mitchell who presented information compiled by the RCEA Salary Committee concerning the proposed and actual adjustments to the 1992 - 1995 salary scales. She described several inequities and large gaps in the salary scales and ===== January 24, 1995 81 asked that they be eliminated. Chairman Thomas and Chairman Minnix advised that remedies for the inequities would depend upon the amount of available funds as determined during the budget process. Supervisor Eddy suggested that a "road map" be compiled as a guide to bringing the salary scales to the ideal situation. IN RE: EVENING SESSION Chairman Minnix reconvened the meeting at 7: 05 p.m. with Supervisor Nickens absent. IN RE: BRIEFINGS h Draoer Aden Associates Reoort on utilitv Rates. (Garv Robertson. utilitv Director) Mr. Robertson advised that Draper Aden Associates, an engineering firm from Blacksburg, has been preparing a survey of water and sewer rates in Virginia for the past six years. The 1994 survey was mailed to 461 municipal and private systems with a response from 214 systems. He stated that a representative from Draper Aden Associates could not attend this meeting because of prior commitments. Referring to the report, he stated the following rate information when comparing Roanoke County with other utilities serving more than 10,000 customers: (1) water rate 5,000 gallons, average $13.62 and Roanoke County's rate $21.90; (2) sewer Rate/5,000 gallons, average $13.57 and Roanoke County's rate $12.51. He explained that Roanoke County's water rates exceed the average mainly because many of the established 82 January 24, 1995 -- cities have very low rates. Many of the counties similar to Roanoke County are also above the average of $13.62. Roanoke County falls below the average in all instances for sewer. In response to Supervisor Johnson's inquiry if the rate reflects the 25% surcharge that Roanoke County pays the City of Roanoke for water, Mr. Robertson advised that without the surcharge included, the rates would be 10 - 15% lower. Mr. Robertson advised that 32% of those surveyed had rate increases, and 53% use monthly billing. IN RE: PUBLIC HEARING AND SECOND READING OF ORDINANCES h Ordinance to Amend section 22-82. Rates and Fees of Chaoter 22. Water. and section 18-168. Schedule of Charoes of Chaoter 18. Sewers and Sewaoe Disoosal. of the Roanoke County Code. Director) (Garv Robertson. Utility 0-12495-10 Mr. Robertson advised that this ordinance proposes to change the method of assessing off-site facility fees for motel/hotel establishments from the present per bed basis to a guest room basis. He advised that at the first reading of this ordinance, Supervisor Eddy suggested that the off-site facility fee should be based on meter size. Mr. Robertson provided charts which compared the assessment methods of meter size, equivalent residential units, and drainage fixture or supply fixture unit. He advised that after considering these methods, staff recommends that the fee be assessed on one-half -_ January 24, 1995 sa -- equivalent residential connection (ERC) per guest room. He advised that this change will reduce the fee by one-half. Supervisor Eddy advised that he would not support staff's recommendation and felt that the fee should be based on meter size because this would be more equitable and favorable to economic development in view of the taxes from these facilities. Supervisor Johnson moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix NAYS: Supervisor Eddy ABSENT: Supervisor Nickens ORDINANCE 12495-10 AMENDING ORDINANCE 62894-15 AMENDING AND REENACTING SECTION 18-168, "SCHEDULE OF CHARGES" OF CHAPTER 18, "SEWERS AND SEWAGE DISPOSAL" AND AMENDING SECTION 22-82, "RATES AND FEES" OF CHAPTER 22, "WATER" TO PROVIDE FOR AN AMENDMENT TO OFF-SITE FACILITY FEES FOR KOTEL/HOTEL ESTABLISHMENTS WHEREAS, the first reading of this ordinance was held on January 10, 1995; and the second reading and public hearing was held on January 24, 1995. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That Ordinance 628494-15 amending and reenacting Section 18-168, "Schedule of charges" of Chapter 18, "Sewers and sewage disposal" be amended as follows: * * * * 84 January 24, 1995 - - (h) Schedule of connection fees. The total connection fee is the sum of the basic connection fee (which is based upon sewer service to one equivalent residential connection or "ERC") plus the off-site facilities fee (which is determined by ERC, type of service and effective date), as indicated in Tables I and II. The basic connection fee is $100.00 and includes Roanoke County personnel installing the physical tap to the sewer main after excavation by the customer. Table I Off-site facilities fee Effective 9/1/94 Effective 9/l/95 * * * .* Motel and hotel (per Ðeà limil¡illë9l) 500 500 * * * * 2. That Section 22-82, "Rates and fees" of Chapter 22, "Water" be amended as follows: * * * * (b) Connection fees. * * * * (6) Schedule of connection fees. The total connection fee is the sum of the basic connection fee (which is determined by meter size) plus the off-site facilities fee which is determined by meter size, type of service, and effective date), as indicted in Tables I, II, and III. -., January 24, 1995 85 ==:3 * * * * Table II OFF-SITE FACILITIES FEE Types of Service 7/1/91 7/1/92 7/1/93 7/1/94 7/1/95 * * * * Motel and Hotel iii:íBR) 1, 105 1,160 1,220 1,280 1,345 3. That the effective date of this ordinance is January 24,1995. On motion of Supervisor Johnson to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix NAYS: Supervisor Eddy ABSENT: Supervisor Nickens ~ Ordinance Authorizino the Vacation of a Portion of An Existino 15-Foot Sanitary Sewer Easement and Acceotance of a Relocated Portion of the Same Easement Across Lot 9. Box 6. Plat of One Oak Road. (Garv Robertson. utility Director) 0-12495-11 There was no discussion, and no citizens were present to speak on this issue. Supervisor Eddy moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors JOhnson, Kohinke, Eddy, Minnix NAYS: None 86 January 24, 1995 ; ABSENT: Supervisor Nickens ORDINANCE 12495-11 AUTHORIZING THE VACATION OF A PORTION OF AN EXISTING 15-FOOT SANITARY SEWER EASEMENT AND ACCEPTANCE OF A RELOCATED PORTION OF THE SAME EASEMENT ACROSS LOT 9, BLOCK 6, PLAT OF ONE OAK ROAD WHEREAS, by subdivision plat entitled "Plat of One Oak Road", dated 19 April 1978, and recorded in the Clerk's Office of the circuit Court of Roanoke County, Virginia, in Plat Book 9, page 123, Boone Builders, Inc., dedicated to public use a sanitary sewer easement, fifteen feet (15') in width, across certain lots in the subdivision, including Lot 9, Block 6; and, WHEREAS, the petitioners, Gary M. Greenlee and Holly L. Greenlee, husband and wife, are the owners of Lot 9, Block 6, One Oak Road: and, WHEREAS, a recent survey of said property reflects that the residential dwelling located thereon encroaches upon the north side of the existing 15' sanitary sewer easement; and, WHEREAS, the petitioners have requested that the Board of Supervisors of Roanoke County, Virginia, vacate a portion of the sanitary sewer easement sanitary sewer easement easement; and, and accept in exchange an additional area for purposes on the southern side of the existing WHEREAS, the petitioners have paid $2500.00 to reimburse the County for the costs of relocation of the line and easement in order to meet the requirements of the utility Department. January 24, 1995 87 - 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 January 10, 1995; and a second reading and public hearing was held on January 24, 1995; and, 2. That pursuant to the provisions of Section 16.01 of the Charter of Roanoke County, the subject real estate (easement) is hereby declared to be surplus and the nature of the interest in real estate renders it unavailable for other pUblic uses; and, 3. That, conditioned upon the exchange as hereinafter provided, a portion of the 15' sanitary sewer easement across property owned by Gary M. Greenlee and Holly L. Greenlee, husband and wife, shown and designated as "S.S.E. TO BE ABANDONED" and cross-hatched upon the 'Plat Showing New Sanitary Sewer Easement Being Dedicated for Public Use to the County of Roanoke, Virginia, by Gary M. & Holly L. Greenlee and Part of Existing Sanitary Sewer Easement to be Vacated, Creating Hereon a New Sanitary Sewer Easement situated within Lot 9, One Oak Road (P.B. 9, Page 128)' dated 8 November 1994, made by Lumsden Associates, P.C., a copy, of which is attached hereto, be, and hereby is, vacated; and, 4. That, in exchange, acquisition and acceptance of an addi tional area of property for sanitary sewer easement purposes on the southern side of the existing easement, being shown and designated 88 January 24, 1995 '- I as "NEW SAN. SEW. ESMT." and cross-hatched upon the above-described plat, together with the existing sanitary sewer easement but excluding that portion hereby vacated, to create a new sanitary sewer easement of variable width, be, and hereby is, authorized and approved: and, 5. That, as a condition to the adoption of this ordinance, all costs and expenses associated herewith, including but not limited to, sewer line relocation costs, publication costs, survey costs and recordation of documents, shall be the responsibility of the petitioners, Gary M. Greenlee and Holly L. Greenlee, or their successors or assigns: and, 6. That the County Administrator is hereby authorized to execute such documents and take such actions as may be necessary to accomplish this vacation and acquisition, all of which shall be on form approved by the County Attorney. 7. That this ordinance shall be effective on the date of its adoption. On motion of Supervisor Eddy to adopt the Ordinance, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Minnix NAYS: None ABSENT: Supervisor Nickens h Ordinance Vacatino and Closino an unimoroved Section of Old Road Lvino Between prooerties Owned bY Stranna Arthur. Et Als. (Tax Kao No. 77.15-1-12) and the Countv-- January 24. 1995 S9 School Board of Roanoke Countv (Tax Kao No. 77.15-1- 11). and Extendino in a NortheasterlY Direction throuah Prooertv of Honevwood Associates (Tax Kao No. 77.15-1- 10) to the Existino Ooden Road. (Paul Mahoney. County Attorney) 0-12495-12 Mr. Mahoney advised that this ordinance vacates and closes an old road that runs along the rear of the old Ogden School and is one of the various steps being taken to close the sale of this school. There was no discussion and no citizens requested to speak on this issue. Supervisor Minnix moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Minnix NAYS: None ABSENT: Supervisor Nickens ORDINANCE 12495-12 VACATING AND CLOSING AN UNIKPROVED SECTION OF OLD ROAD LYING BETWEEN PROPERTIES OWNED BY STRANNA ARTHUR, ET ALS, (TAX HAP NO. 77.15-1-12) AND THE COUNTY SCHOOL BOARD OF ROANOKE COUNTY (TAX HAP NO. 77.15-1-11) , AND EXTENDING IN A NORTHEASTERLY DIRECTION THROUGH PROPERTY OF HONEYWOOD ASSOCIATES (TAX HAP NO. 77.15-1-10) TO THE EXISTING OGDEN ROAD. WHEREAS, an old road as shown on a plat dated May 21, 1930, made by G. L. Poage, Surveyor, runs generally along the southwestern and northwestern boundary lines of a parcel of land formerly owned by the County School Board of Roanoke County, commonly known as the Ogden 90 January 24, 1995 - - Center property and designated upon the Roanoke County land records as Tax Map No. 77.15-1-11, and extends to Ogden Road in a northeasterly direction through the property of Honeywood Associates, designated on the land records as Tax Map No. 77.15-1-10; and, WHEREAS, in the early 1930's, the road was relocated generally to its present location and known as Ogden Road; and, WHEREAS, the section of the "Old Road" along the northwestern boundary of the Ogden Center property and the southeastern boundary of a parcel of land owned by Stranna L. Arthur, Lyle M. Arthur, and Patricia A. Holt (Tax Map No. 77.15-1-12), and extending to Ogden Road through the Honeywood Associates property, is not used or required for access to the surrounding properties; and, WHEREAS, this section of the "Old Road" is not used by the public, is not necessary for public use, is not improved, is not maintained by the County, and is not a part of the secondary road system of VDOT; and, WHEREAS, it is in the public interest to vacate and close said section of the "Old Road"; and, WHEREAS, §15.1-482 (b) of the 1950 Code of Virginia, as amended, requires that such action be accomplished by the adoption of an ordinance by the governing body: and, WHEREAS, notice has been given as required by §15.1-431 of the 1950 Code of Virginia, as amended, and the first reading of this ordinance was held on January 10, 1995; and the public hearing and the second reading of this ordinance was held on January 24, 1995. January 24, 1995 9t - - BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the unimproved section of the "Old Road", shown on a plat dated May 21, 1930, made by G. L. Poage, Surveyor, lying between and upon properties owned by Stranna L. Arthur, et als, (Tax Map No. 77.15-1-12) and the County School Board of Roanoke County (Tax Map No. 77.15-1-11), and extending in a northeasterly direction through property of Honeywood Associates (Tax Map No. 77.15-1-10) to the existing Ogden Road, as shown and cross-hatched on the attached copy marked Exhibit A, be, and hereby is, vacated to the extent that any publ ic or County interest may exist, pursuant to Section l5. 1- 482(b) of the 1950 Code of Virginia, as amended; and, 2. That the Department of Engineering and Inspections shall record a certified copy of this ordinance, together with a copy of the attached plat, with the Clerk of the Circuit Court of Roanoke County, Virginia: and all costs and expenses associated herewith shall be paid from the capital projects fund; and, 3. That this ordinance shall be effective on and from the date of its adoption. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. On motion of Supervisor Minnix to adopt the Ordinance, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Minnix NAYS: None 92 January 24, 1995 I ABSENT: Supervisor Nickens h Ordinance Vacatino and Closino a 0.220 Acre strio of Unused and Unimoroved Public Riaht-of-Way Bounded on the East Side bv the Existino Rioht-of-Wav for OCJden Road (Route 681) and Bounded on the West Side bY a Parcel of Land Known as the OCJden Center Prooerty (Tax Kao No. 77.15-1-11) and to Authorize Sale of said Parcel as Part of the Ooden Center Prooertv. (Paul Mahonev. County Attorney) 0-12495-13 Mr. Mahoney advised that this ordinance vacates and closes a strip of land that runs along the front of old Ogden School and Ogden Road and authorizes the conveyance of this strip to the purchaser. This is the last part of the sale of the old Ogden School. There was no discussion and no citizens requested to speak on this issue. Supervisor Minnix moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Minnix NAYS: None ABSENT: Supervisor Nickens ORDINANCE 12495-13 VACATING AND CLOSING A 0.220- ACRE STRIP OF UNUSED AND UNIKPROVED PUBLIC RIGHT- OF-WAY BOUNDED ON THE EAST SIDE BY THE EXISTING RIGHT-OF-WAY FOR OGDEN ROAD (ROUTE 681) AND BOUNDED ON THE WEST SIDE BY A PARCEL OF LAND KNOWN AS THE OGDEN CENTER PROPERTY (TAX HAP NO. 77.15-1- January 24, 1995 9a 11) AND TO AUTHORIZE SALE OF SAID PARCEL AS PART OF THE OGDEN CENTER PROPERTY. WHEREAS, by deed dated February 15, 1932, and recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Deed Book 211, page 239, the Board of Supervisors of Roanoke County acquired a strip or parcel of land thirty feet (30' ) in width for improvements to Ogden School House Road (now Ogden Road); and, WHEREAS, more recent improvements to Ogden Road have adjusted its location in an easterly direction, leaving a strip of unused right-of-way lying between the existing Ogden Road and the Ogden Center property, as shown upon the plat entitled "Boundary Survey for County of Roanoke" dated November 14, 1994, prepared by T. P. Parker & Son, Engineers-Surveyors-Planners; and, WHEREAS, the subj ect strip of right-of-way is unused and unimproved, is not maintained by the County and is not a part of the secondary road system of the Virginia Department of Transportation, and is not required for public use; and, WHEREAS, it is in the public interest to vacate and close said 0.220-acre parcel of land as public right-of-way; and, WHEREAS, §15.1-482 (b) of the 1950 Code of Virginia, as amended, requires that such action be accomplished by the adoption of an ordinance by the governing body; and, WHEREAS, notice has been given as required by §15.1-431 of the 1950 Code of Virginia, as amended, and the first reading of this ordinance was held on January 10, 1995; and the public hearing and the 94 January 24, 1995 i-- = second reading of this ordinance was held on January 24, 1995. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the public road right-of-way on the 0.220-acre strip of land lying between the Ogden Center Property and Ogden Road, as shown on the plat entitled "Boundary Survey for County of Roanoke" dated November 14, 1994, prepared by T. P. Parker & Son, Engineers- Surveyors-Planners, be, and hereby is, vacated pursuant to section 15.1-482(b) of the 1950 Code of Virginia, as amended; and, 2. That the Department of Engineering and Inspections shall record a certified copy of this ordinance with the Clerk of the Circuit Court of Roanoke County, Virginia, and all costs and expenses associated herewith shall be paid from the capital projects fund; and, 3. That pursuant to the provisions of Section 16.01 of the Charter of Roanoke County, that portion of the vacated right-of-way lying between Ogden Road and the Ogden Center property to be conveyed to PM Properties, Inc., having been made available and deemed unnecessary for other public uses, is hereby declared to be surplus. 4. That conveyance of said portion of the vacated right- of-way as part of the Ogden Center transaction (Reference Ordinance No. 121394-6) is hereby authorized. 5. That the County Administrator is hereby authorized and directed 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 - ===:¡ - January 24, 1995 95 Attorney. 6. That this ordinance shall be effective on and from the date of its adoption. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. On motion of Supervisor Minnix to adopt the Ordinance, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Minnix NAYS: None ABSENT: Supervisor Nickens ~ Ordinance Authorizino a Soecial Use Permit to Construct a Private Kennel located at 1942 Laurel Woods Drive. Catawba Maoisterial District. Uoon the Petition of Ronald Davis and Lavern Davis. (Terrv Harrinoton. Director of Plannino , Zonino) 0-12495-14 Mr. Harrington advised that this is a special use permit to allow the petitioners to construct a private dog kennel on their property. Although the Planning Commission voted to deny the request, they proposed the following three conditions: (1) The private kennel shall be for a maximum of five dogs. (2) The property owner shall install and continually operate a sound-type kennel silencer. The silencer shall be installed prior to/in conjunction with the property being used for a private kennel. (3) The existing pens located near 96 January 24, 1995 ¡- the western property line shall not be used for any animals associated with the private kennel unless relocated to a location on the property that conforms to the use and design standards guidelines. In response to Supervisor Minnix, Mr. Harrington explained that a kennel silencer is supposed to be audible only to the dogs but the Planning Commission observed that the kennel silencer at the property emits a high-pitched tone which can be heard by everyone. Ronald Davis. 1942 Laurel Mountain Drive. petitioner, advised that he had attempted to overcome his neighbor's objections by applying for the kennel license, installing the kennel silencer, and moving the more active dog to another location. The fOllowing attorney and citizens spoke against the special use permit and expressed their concerns about noise created by the barking of the dogs, noise from the kennel silence, and safety: (1) Ed Natt. Attornev. representinq Douq Spadaro. 1964 Laurel Mountain Drive: (2) Carol Edwards. 1947 Laurel Mountain Drive: and (3) David Keith. 1951 Laurel Mountain Drive. Supervisor Eddy moved to deny the special use permit for a private kennel. The motion carried by the following recorded vote: AYES: Supervisors Johnson, KOhinke, Eddy, Minnix NAYS: None ABSENT: Supervisor Nickens ORDINANCE 12495-14 GRANTING ..illiG A SPECIAL USE PERMIT TO RONALD DAVIS lJfir"~'::"::"txbRN DAVIS TO CONSTRUCT A PRIVATE KENNEL LOCATED AT 1942 LAUREL WOODS DRIVE, (TAX PARCEL 36.01-2-51) CATAWBA MAGISTERIAL DISTRICT ~ January 24, 1995 97 - WHEREAS, Ronald Davis and Lavern Davis have filed a petition to allow the construction of a private kennel located at 1942 Laurel Woods Drive, in the Catawba Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this matter on January 3, 1995; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first reading on this matter on December 13, 1994; the second reading and public hearing on this matter was held on January 24, 1995. NOW, THEREFORE BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: On motion of Supervisor Eddy to deny the Special Use Permit, and carried by the following recorded vote: AYES: Supervisors Johnson, KOhinke, Eddy, Minnix NAYS: None ABSENT: Supervisor Nickens ~ Ordinance Authorizino a Soecial Use Permit to Construct and Ooerate a Police Outdoor Firearms Trainina Ranoe. Located at 6231 Twine Hollow Road. Catawba Kaoisterial District. Uoon the petition of the Roanoke County Police Deoartment. (Terrv Harrinaton. Director of Plannino , Zonino) 0-12495-15 Mr. Harrington advised that this is a request for a special 98 January 24, 1995 , use permit to construct and operate a police outdoor firearms training range on a portion of the former Dixie Caverns Landfill. The Planning commission voted to approve the request with no conditions, but concern was expressed about the caliber of rifles used, safety measures, and whether there was should be a fence around the facility. In response to questions about liability and safety from Supervisors Minnix and Eddy, Chief Cease advised that liability concerns will always exist, but this site is favorable since it is a remote location and utilizes the terrain to ensure public safety. He felt that the new location of the training range will offer a significant reduction in liability from the present location. He advised that there will be security on the site, an entrance gate, posting of the property, and an observation platform constructed. He also advised that safety berms approximately six to eight feet high will be located below the slope. Chief Cease advised that Roanoke County currently shares a training site with eight other localities and suggested that use of this new training range be limited to the law enforcement departments of Roanoke County and the City of Roanoke. He indicated that it will be necessary to have written agreements with any locality sharing the range. Supervisor Kohinke moved to adopt the special use permit and include the condition suggested by Supervisor Eddy that use be limited to law enforcement departments of the County of Roanoke and City of Roanoke. The motion carried by the following recorded vote: January 24, 1995 99 AYES: Supervisors Johnson, Kohinke, Eddy, Minnix NAYS: None ABSENT: Supervisor Nickens ORDINANCE 12495-15 GRANTING A SPECIAL USE PERMIT TO THE ROANOKE COUNTY POLICE DEPARTMENT TO CON- STRUCT AND OPERATE A POLICE OUTDOOR FIREARMS TRAINING RANGE LOCATED AT 6231 TWINE HOLLOW ROAD (TAX PARCEL 63.00-1-14), CATAWBA MAGISTERIAL DIS- TRICT WHEREAS, Roanoke County Police Department has filed a petition to allow the construction and operation of a police outdoor firearms training range to be located at 6231 Twine Hollow Road in the Catawba Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this matter on January 3, 1995; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first reading on this matter on November 22, 1994; the second reading and public hearing on this matter was held on January 24, 1995. 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 allow the construction and operation of a police outdoor firearms training range to be located at 6231 Twine Hollow Road in the Catawba Magisterial District is substantially in accord with the adopted 1985 Comprehensive Plan pursuant to the provisions of § 15.1- 456 (b) of the 1950 Code of Virginia, as amended. 100 January 24, 1995 - 2. That the Board hereby grants a Special Use Permit to the Roanoke County Police Department to allow the construction and operation of a police outdoor firearms training range to be located at 6231 Twine Hollow Road in the Catawba Magisterial District subject to the following condition: (a) That the use of the police outdoor firearms training range will be 1 imi ted to the law enforcement departments of the County of Roanoke and the City of Roanoke. On motion of Supervisor Kohinke to grant the Special Use Permit with condition (a) added, and carried by the following recorded vote: AYES: NAYS: ABSENT: Supervisors Johnson, KOhinke, Eddy, Minnix None Supervisor Nickens IN RE: CITIZEN COKMENTS AND COMMUNICATIONS Kervin Orcutt. 2759 Hillbrook Drive. questioned why several of the proffers related to the Pediatrics Associates rezoning on Postal Drive were not being enforced. His major concern was that the power lines were not being put underground as was proffered at the rezoning. He indicated that there are three transformers already behind his house and another is scheduled to be placed in front of his house. January 24, 1995 w The Board directed Mr. Hodge and staff to meet wi th Mr. Orcutt and address his concerns. IN RE: ADJOURNKBNT At 8:25 p.m., Supervisor Johnson moved to adjourn to l2:00 Noon on January 31, 1995, at the Vinton War Memorial to meet with the Vinton Town Council. The motion carried by the following recorded vote: AYES: Supervisors Johnson, KOhinke, Eddy, Minnix NAYS: None ABSENT: Supervisor Nickens Submitted by, ApT/ved b.y, / ~)(/ . ~4 H. Odell "Fuzzy~-M' ~N~ Brenda J. HOlton, Deputy Clerk 102 January 24, 1995 === This page left blank intentionally.