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HomeMy WebLinkAbout2/28/1995 - Regular -.., ==:::¡ February 28, 1995 131 Roanoke County Board of Supervisors Roanoke County Administration Center 5204 Bernard Drive Roanoke, Virginia 24018 February 28, 1995 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 February, 1995. IN RE: CALL 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, Harry C. Nickens (ARRIVED 3: 35 P.M. ) MEMBERS ABSENT: None 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; Anne Marie Green, Director, Community Relations IN RE: OPENING CEREMONIES 132 February 28, 1995 t= The invocation was given by Gardner W. smi th, Development Facilitator. The Pledge of Allegiance was recited by all present. IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND AWARDS ~ Recoqnition of Merry S. McKissick. Sheriff's Office for Receiving Designation as a certified Professional Secretary. Chairman Minnix presented the Secretary certificate to Merry McKissick. present and congratulated Ms. McKissick. certified Professional Sheriff Gerald Holt was IN RE: NEW BUSINESS ~ Reauest for ADDroval of the Roanoke Reqional AirDort Commission Budget For Fiscal Year 1995/96. (Diane Hvatt. Finance Director) R-22895-1 Ms. Hyatt advised that the Roanoke Regional Airport Commission is required to submit their budget to the Roanoke County Board of Supervisors and Roanoke City Council for approval before it can be adopted. The 1995-96 budget shows revenues of $4,674,172 and expenditures of $4,378,802. The commission has not adopted a capital expenditure budget at this time. Ms. Hyatt advised that Roanoke county will make one payment of $264,460 in June, 1995, and another in June, 1996, to complete the County's original ten year contribution to the airport. February 28, 1995 w - Supervisor Johnson moved to adopt the resolution approving the 1995-96 Roanoke Regional Airport Budget. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Minnix NAYS: None ABSENT: Supervisor Nickens RESOLUTION 22895-1 APPROVING THE ROANOKE REGIONAL AIRPORT COMMISSION BUDGET FOR FY 1995-1996, UPON CERTAIN TERMS AND CONDITIONS WHEREAS, Section 24.B of the Roanoke Regional Airport Commission Act and Section 17.(a) of the contract between the City of Roanoke, Roanoke County, and the Roanoke Regional Airport Commission provide that the Commission shall prepare and submit its operating budget for the forthcoming fiscal year to the Board of Supervisors of the County and City Council of the City; and WHEREAS, by report dated February 10, 1995, a copy of which is on file in the office of the Clerk to the Board, the Chairman of the Roanoke Regional Airport Commission has submitted a request that the County approve the FY 1995-1996 budget of the Roanoke Regional Airport Commission. THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia that the FY 1995-1996 budget and proposed capital expenditures for the Roanoke Regional Airport Commission as set forth in the February 10, 1995, report of the Commission Chairman, a copy of which is incorporated by reference herein, is hereby 134 February 28, 1995 - APPROVED, and the County Administrator and the Clerk are authorized to execute and attest, respectively, on behalf of the County, any documentation, in form approved by the County Attorney, necessary to evidence said approval. On motion of Supervisor Johnson to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Minnix NAYS: None ABSENT: Supervisor Nickens h Reauest for Fundinq for SUDDlement #3 to the Roanoke County Code. (Paul Mahoney. County Attorney) A-22895-2 Mr. Mahoney advised that in order to keep the County Code current since being completely recodified in 1991, a supplement needs to be issued every twelve to eighteen months. Due to the number of changes, Supplement #3 is estimated to cost a total of $8,454.50 and Mr. Mahoney reported that he has sufficient funds available in the County Attorney's budget to cover $4,227 of the cost. He is requesting an appropriation from the Board Contingency Fund to cover the remaining $4,277. Supervisor Kohinke moved to appropriate $4,277 from the Board Contingency Fund. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Minnix - February 28, 1995 U5 NAYS: ABSENT: None Supervisor Nickens h Reauest for Fundinq for citizen Satisfaction Survey. (Anne Marie Green) A-22895-3 Ms. Green advised that at the Board Retreat in January, the Board directed staff to conduct a citizen satisfaction survey. The Center for Survey Research at Virginia Tech which conducted the recent telephone citizen survey on visioning for the Planning and Zoning Department is available to complete this survey. It will consist of contacting 500 people by telephone during either April or May, with the cost of the survey being $12,600. In response to Supervisor KOhinke, she advised that the last citizen survey was done in 1991, with 500 respondents and a 3% to 4% error margin. She stated that staff has attempted to contact others such as Roanoke College about doing the survey but has been unsuccessful. She requested that $12,600 be appropriated from the General Fund Unappropriated Balance for the citizen satisfaction survey. Supervisor Eddy inquired as to whether the survey would be done yearly and if the questions would be standard in an effort to gauge citizen improvement in services. Mr. Hodge stated that this was the intent and he would like to link it with employee evaluations. Supervisor Eddy felt that some of the questions on the visioning survey reflected bias and requested that the Board review the 1.3.6 February 28, 1995 questions for the citizen satisfaction survey so they could offer comments. Supervisor Kohinke moved to appropriate $12,600 from the General Fund Unappropriated Fund Balance. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Minnix NAYS: None ABSENT: Supervisor Nickens h Authorization to EmDloy outside Counsel to Institute Leqal Proceedinqs to Sell Real Estate for Delinauent Real Estate Taxes. (Alfred Anderson. County Treasurer) A-22895-4 Mr. Anderson advised that last year the County Attorney's office assisted the Treasurer's office in collecting delinquent real estate taxes amounting to over $90,000. In order to proceed with more extensive collection activities, he recommends that outside counsel be employed to institute legal proceedings to sell real estate located in Roanoke County to enforce the County's lien for delinquent real estate taxes. He estimated that there are approximately 100 parcels with delinquencies in excess of $250,000. After publishing notice of the proposal in the newspaper and mailing notices to local law firms, the law firm of Osterhoudt, Ferguson, Natt, Aheron, and Agee was selected. It is anticipated that all costs, fees and expenses will be recovered from the proceeds of the sale, and Mr. Anderson requested that $3,000 --. -----' February 28, 1995 137 be appropriated in advance from the proceeds to cover the court costs and expenses. Supervisor Johnson moved to approve the selection of the firm and that $3,000 of the proceeds be appropriated to the Treasurer's Office to pay for the contract. The motion carried by the following recorded vote: AYES: Supervisors Johnson, KOhinke, Eddy, Minnix NAYS: None ABSENT: Supervisor Nickens IN RE: REQUESTS FOR WORK SESSIONS At Supervisor Eddy's suggestion, Chairman Minnix asked that the Board Members indicate to Mr. Hodge if they would like to have a work session or receive more information on the proposal for transportation districts. IN RE: REQUEST FOR PUBLIC HEARING AND FIRST READING OF REZONING ORDINANCES - CONSENT AGENDA Supervisor Kohinke moved to approve the first readings with the removal of Item 4 and to set the second readings and public hearings for March 28, 1995. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Minnix NAYS: None ABSENT: Supervisor Nickens 138 February 28, 1995 ~ ...- , ~ An Ordinance Authorizinq a SDecial Use Permit to Construct a Reqional Stormwater Management Basin (utility Services. Ma;or) 400 Feet Northwest of the Intersection of Ambassador Drive and Envoy Drive. Catawba Maqisterial District. UDon the Petition of the city of Roanoke. h An Ordinance Authorizinq a SDecial Use Permit to Construct a Reqional Stormwater Manaqement Basin (Utility Services. Ma;or) 300 Feet Southeast of the Terminus of Candleliqht Circle. Catawba Maqisterial District. UDon the Petition of the City of Roanoke. h An Ordinance to Rezone Two Parcels of Land Totaling 7.93 Acres from EP to AG-3. Located at 2331 and 2393 Hammond Drive. vinton Maqisterial District. UDon the Peti tion of the Virqinia Recreational Facili ties Authority. h An Ordinance to Rezone 22.21 Acres from 1-2 to AR to Allow Sinqle FamilY Dwellinqs. Located at 3862 Buck Mountain Road. Cave SDrinq Maqisterial District. UDon the Petition of Buck Mountain land. LLC. Supervisor Minnix suggested that R-1 zoning might be more appropriate and asked that staff look at the possibility of R-1 zoning instead of AR in advance of the Planning Commission Meeting scheduled for March 7, 1995. Supervisor Minnix moved to approve the first reading and set the second reading and public hearing for March 28, 1995. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None ~ An Ordinance to Rezone 1.864 Acres from C-2 Conditional to C-2 to Allow General Retail Sales. Located at 1806 and 1812 ThomDson Memorial Drive. Catawba Maqisterial District. UDon the Petition of Everett J. Miles. Sr. ~ An Ordinance to Rezone 4.068 Acres from R-1 to R-3 to February 28, 1995 1M) Allow Sinqle FamilY Attached and Detached Dwellinqs. Located at 4824 Cave SDrinq Lane. Windsor Hills Maqisterial District. UDon the Petition of Jeffrey and Laura Maronic. IN RE: FIRST READING OF ORDINANCES ~ Ordinance Authorizinq the Extension of Aqreement with Fifth District EmDlovment and Traininq Consortium for use of County ProDerty at 3330 Valley Forqe Avenue. (TimothY W. Gubala. Economic DeveloDment Director) Mr. Gubala stated that the County entered into an agreement on June 1, 1993 with the Fifth District Employment and Training Consortium (FDETC) for use of County property at 3330 Valley Forge Avenue. The Consortium had received a grant from the U. S. Department of Labor to provide employment counselling services to dislocated workers in the Roanoke Valley. The grant and agreement wi th the County will expire on May 31, 1995, and the FDETC is now requesting a fifteen-month extension. The FDETC is eligible for discretionary funding from the Department of Labor to develop a "one stop career center" which will continue employment services for the dislocated workers. Mr. Gubala advised that of the 231 persons served by the FDETC, 66 were from Roanoke County, and he is unaware of any proposed County use of this building. He recommended that the extension of the lease for the fifteen-month period be approved. Supervisor Johnson moved to approve the first reading and set the second reading for March 14, 1995. The motion carried by the following recorded vote: 140 February 28, 1995 AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None IN RE: SECOND READING OF ORDINANCES ~ Ordinance Authorizinq Conveyance of an Easement to ADDalachian Power COmDany for Electric Service Across WhisDerinq pines Park. (Paul Mahoney. County Attorney) 0-22895-5 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, Nickens, Minnix NAYS: None ORDINANCE 22895-5 AUTHORIZING CONVEYANCE OF AN EASEMENT TO APPALACHIAN POWER COMPANY FOR ELECTRIC SERVICE ACROSS WHISPERING PINES PARK PROPERTY OWNED BY THE BOARD OF SUPERVISORS WHEREAS, the County of Roanoke Department of Parks and Recreation is developing ball fields and related facilities on the property owned by the Roanoke County Board of Supervisors, located along Virginia Secondary Route No. 912 (Absalom Smith Road) in the Catawba Magisterial District of the County of Roanoke, known as Whispering Pines Park; and, WHEREAS, Appalachian Power Company (APCO) requires a right of way for an overhead line or lines and related improvements across February 28, 1995 141 Whispering pines Park to provide electric service for lighting the ball fields, as shown on APCO Drawing No. R-3078, dated September 16, 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 February 14, 1995; and a second reading was held on February 28, 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 Whispering Pines Park development. 3. That donation of a right-of-way for an overhead line(s) and related improvements across Whispering Pines Park to provide electric service for lighting the ball fields, as shown on APCO Drawing No. R-3078, dated September 16, 1994, to Appalachian Power Company is hereby authorized. 4. That the County Administrator is hereby authorized to 142 February 28, 1995 - 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, Nickens, Minnix NAYS: None h Ordinance Conveyinq a 15 Foot-Wide Permanent Drainage Easement to the Commonwealth of Virqinia at the New Forensic Laboratory. (John Chambliss. Assistant County Administrator) 0-22895-6 Mr. Mahoney advised that there had been no changes to this 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, Nickens, Minnix NAYS: None ORDINANCE 22895-6 AUTHORIZING THE CONVEYANCE OF A DRAINAGE EASEMENT TO THE COMMONWEALTH OF VIRGINIA IN ASSOCIATION WITH THE CONSTRUCTION OF THE NEW FORENSIC LAB WHEREAS, it is necessary for the Commonwealth of Virginia to February 28, 1995 wa acquire from the County of Roanoke a permanent drainage easement, fifteen feet (15') in width, through the County's property adjoining the site of the state Forensic Laboratory, on which an expanded parking facility is being constructed for use by the state, the County, and the general public; and, WHEREAS, the easement is required to direct the drainage and surface water from the forensic laboratory site, and from the joint parking lot on County property, to the retention facility being constructed by the Commonwealth; and, WHEREAS, the proposed easement 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 February 14, 1995; and a second reading was held on February 28, 1995. 2. That pursuant to the provisions of Section 16.01 of the Charter of Roanoke County, the interest in real estate to be conveyed is hereby declared to be surplus, and is hereby made available for other public uses by conveyance to the Commonwealth of Virginia for drainage purposes in connection with the construction of the forensic laboratory and parking facility. 144 February 28, 1995 3. That donation of an easement, fifteen feet (15 ') in width, for drainage purposes through Roanoke County property, currently being developed as a parking facility, generally located as shown on the drawing attached hereto and marked Exhibit A, to the Commonwealth of Virginia is hereby authorized. 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, 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, Nickens, Minnix NAYS: None IN RE: APPOINTMENTS ~ Industrial DeveloDment Authority Supervisor Kohinke advised that he expects to have a nominee from the Catawba District at the next meeting. IN RE: CONSENT AGENDA R-22895-7 Supervisor Kohinke moved to adopt the Consent Agenda. The motion carried by the following recorded vote: - February 28, 1995 145 --. AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None RESOLUTION 22895-7 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 February 28, 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 5, inclusive, as follows: 1. Confirmation of Committee Appointment to the League of Older Americans Advisory Council. 2. Resolution Removing Turkey Hollow Road and a Portion of Crossbow Circle from the List of County Road Projects. 3. Adoption of Reimbursement Resolution for $2,500,000 of Sewer Capital Improvement. 4. Request for Approval of a Raffle Permit for Calendar Year 1995 from the Roanoke County School Food Service Chapter. 5. Resolution of Support of Continued Funding for the Appalachian Regional Commission. 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. 1A6 February 28, 1995 c:::: On motion of Supervisor Johnson to adopt the Consent Resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None RESOLUTION 22895-7.b REMOVING TURKEY HOLLOW ROAD AND A PORTION OF CROSSBOW CIRCLE FROM THE LIST OF COUNTY ROAD PROJECTS WHEREAS, the citizens of Roanoke County approved at referendum the issuance of general obligation bonds in 1985 for several public purposes, including the improvement and construction of certain sub-standard roads to current State standards, in order that these roads could be accepted into the State system of secondary highways (the "1985 road bond projects"); and, WHEREAS, these general obligation bond proceeds have been allocated to secure matching funds from the Commonwealth of Virginia in combination with contributions from private citizens and developers, to pay for the required improvements to accomplish the purposes of the bond referendum; and, WHEREAS, most of the 1985 road bond projects have been completed within the limits of available funds, the constraints of external legal proceedings, and property ownership; and, WHEREAS, two road projects in Hunting Hills subdivision remain uncompleted, and there is no reasonable prospect of completing these road projects since all available bond proceeds have been expended for other qualifying, identified road projects; and, February 28, 1995 147 - - WHEREAS, it is appropriate to remove these remaining two uncompleted 1985 road bond projects from the list of active County road projects. NOW THEREFORE, IT IS HEREBY RESOLVED, By the Board of Supervisors of Roanoke County, Virginia: 1) That Turkey Hollow Road and a portion of Crossbow Circle be removed from the list of active County road projects. The County shall take no further action, nor expend public funds, to improve, construct or reconstruct these roads to current State standards, or to accept these roads, or any real estate interest therein, for purposes of facilitating the acceptance of these roads into the State system of secondary highways. 2) That the Clerk to the Board of Supervisors shall send a certified copy of this Resolution to the Resident Engineer, Virginia Department of Transportation, Old Heritage Corporation, and the Hunting Hills Homeowners Association. On motion of Supervisor Johnson to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, KOhinke, Eddy, Nickens, Minnix NAYS: None RESOLUTION 22895-7. c OF THE BOARD OF SUPERVISROS OF THE COUNTY OF ROANOKE, VIRGINIA DECLARING ' ITS INTENTION TO REIMBURSE ITSELF FROM THE PROCEEDS OF A FINANCING FOR SEWER SYSTEM IMPROVEMENTS The Board of Supervisors of the County of Roanoke, Virginia ("County") has determined that it is necessary or desirable to advance 148 February 28, 1995 money to pay the costs of acquiring, constructing, equipping and developing certain improvements or expansions to the County's sewer system ("project") and to reimburse such advances with proceeds of one or more financings. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF ROANOKE, VIRGINIA: 1. The Board of Supervisors adopts this declaration of official intent under Treasury Regulations Section 1.150-2. 2. The Board of Supervisors reasonably expects to reimburse advances made or to be made by the County to pay the costs of acquiring, constructing, equipping and developing the Project from the proceeds of its debt or other financings. The maximum amount of debt or other financing expected to be issued for the Project is $2,500,000. 3. This resolution shall take effect immediately upon its adoption. On motion of Supervisor Johnson to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None RESOLUTION 22895-7.e IN SUPPORT OF CONTINUED FUNDING OF APPALACHIAN REGIONAL COMMISSION WHEREAS, the Appalachian Regional Commission (ARC) was founded in 1965 as a partnership between the federal, state and local February 28, 1995 149 ----, governments for improving the quality of life for residents of the Appalachian region of the United states; and WHEREAS, ARC programs focus directly on the most pressing problems facing Appalachian communities; and WHEREAS, over the last thirty years ARC has improved the quality of life of Appalachian residents by constructing more than 2,100 miles of highways; funding more than 400 clinics and hospitals to provide health care to 4 million people each year; funding more than 2,000 industrial water and sewer systems which create private sector jobs and have stimulated the region's economy; funding more than 700 vocational and technical schools providing needed skills to 500,000 people each year; and WHEREAS, the Fifth Planning District Commission has worked with the Appalachian Regional Commission for over two decades to enhance economic development, educational opportunities and community development; and WHEREAS, ARC has provided funding support for many important projects in the Fifth Planning District, such as the Covington Industrial Park, the Alleghany County Industrial Park, road access improvements to the CFW Communications Center in Clifton Forge, water system improvements along Route 11 in Botetourt County, funding to support the Pulp and Paper Technology Program at Dabney S. Lancaster Community College, special grants and funding for the Jackson River Vocational School and Botetourt County Vocational Center; and 150 February 28, 1995 ~ r-- WHEREAS, the improvements mentioned, as well as other projects funded in the District over the last two decades, exceed $10 million in support from ARC for economic and community development in the Fifth Planning District Commission; and WHEREAS, ARC provides funding to the Fifth Planning District Commission to support staff assistance to local governments in the preparation of grants and to provide other technical assistance to member governments in the ARC region. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County, Virginia, respectfully requests that Senators John Warner and Charles Robb, Congressmen Robert Goodlatte and Frederick Boucher, and Governor George Allen support the continuation of funding for the Appalachian Regional Commission so that ARC can continue to promote economic and community development projects in the Fifth Planning District. On motion of Supervisor Johnson to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS SUDervi sor EddY: (1) He asked for the status of the Citizen's Handbook. Mr. Hodge advised that it should be received from the printers by the end of the week. (2) He asked for the status of obtaining the easement around the well lot in Brookwood Subdivision. - February 28, 1995 1M - Mr. Mahoney will check with John Willey and advise. (3) He received a memorandum from John Birckhead and stated that he was pleased that the staff has completed the appeals process. He advised that the Board of Equalization will begin work on March 6, 1995. (4) He recommended that the Supervisors read an article in the NACO newsletter, County News, entitled "Credibility Gap - A Crisis of Legitimacy". ( 5 ) He asked for the status of the legislation requiring that localities pay for health insurance for retired teachers, and asked staff for the cost to Roanoke County. Mr. Mahoney advised that he thought the legislation had not passed but was still in committee. Supervisor Eddy asked for a legislative update on this item and what the cost is to the County by March 10 since Governor Allen will be meeting with the legislators on March 11 concerning which legislation to veto. (6) He announced that there is a Regionalization Meeting set for March 9 at the vinton War Memorial to receive the study from Towers Perrin. He asked if the Board should adjourn to this date. It was Board consensus that it was not necessary to adjourn to this meeting. SUDervisor Johnson: (1) He asked for a Legislative Update on how the County fared this year. Mr. Hodge advised that a report will be made at the March 14, 1995 meeting. (2) He asked what impact the sinkhole on I-81 would have on the County, and asked if expenses such as overtime for police could be reimbursed. SUDervisor Nickens: (1) He asked that the Legislative Update include information about the proposal for the bingo process to be removed from the local government and put before a special state 152 February 28, 1995 commission. (2) He asked that staff look at administrative flexibility with pre-established interpreting the sign ordinance in future. su~ervisor KOhinke: (1) Regarding the sinkhole on I-81, he advised that the traffic is being routed to US 11/460 causing traffic problems, especially along the 9 miles of two lanes. He requested that top priority be given to improving this section to four lanes. (2) He asked whether Salem Cable had a public access channel and if the Board Meetings are shown. Ms. Green responded that Salem Cable has a government access and a public access channel; Board meetings are not carried live because there is no interconnect with Cox Cable at present; and there are plans to have Roanoke County Today and Board Meetings shown at later times. SUDervisor Minnix: (1) He advised that he met some citizens at the intersection of Brambleton and Electric Road last Saturday and picked up trash. He suggested to staff and Chief Cease that efforts be made to enforce the nO-littering laws. (2) He thanked Gary Robertson for attending a meeting with the Clearbrook ci tizens to address their concerns. affording guidelines some in IN RE: REPORTS Supervisor Johnson moved to receive and file the following reports. The motion carried by a unanimous voice vote. ~ General Fund UnaDDrODriated Balance h CaDital Fund UnaDDroDriated Balance February 28, 1995 1ð3 - h Board Continqency Fund h statement of EXDendi tures and Revenues as of January 31. 1995. ~ Bond Pro;ect status ReDort IN RE: RECESS FOR MEDIA QUESTIONS Chairman Minnix announced a recess at 4:15 p.m. There were no questions from the media. IN RE: EMPLOYEE SERVICE AWARDS At 4:30 p.m., Chairman Minnix reconvened the meeting. Chairman Minnix and County Administrator Elmer Hodge presented certificates to all employees celebrating their 5, 10, 15, 20, 25, and 30 year anniversaries. IN RE: RECEPTION At 4:50 p.m., Chairman Minnix declared a recess for a reception honoring the employees who received service awards. IN RE: WORK SESSION ~ BUdqet Work Session Chairman Minnix reconvened the work session at 5:15 p.m. Mr. Hodge and Brent Robertson, Budget Manager, presented information concerning: (1) Mid-Year Expenditures; (2) General Government Revenues, (3) Vehicle Inventory and Policy; and (4) Budget 154 February 28, 1995 - Calendar. Mr. Hodge advised that the team approach will be used again this year with the citizens involved increased to seven. It was the consensus of the Board as follows: (1) proposed work session with School Board planned for March 14, 1995; (2) advertise tax rates at current status; (3) public hearing on tax rates set for March 28, 1995; (4) adopt tax rates on April 4, 1995; (5) as suggested by Supervisor Nickens, another column II Current Year Estimates II to be added to Government Revenue Summary; (6) that Don Myers will make a report on the six-month evaluation of the Brush and Bulk Collection Method; and (7) that Mr. Hodge will revise the Vehicle Replacement Policy and bring it back to the Board. IN RE: EVENING SESSION Chairman Minnix reconvened the meeting in regular session at 7:00 p.m. There was no Executive Session. IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND AWARDS ~ Proclamation Declarinq March. 1995. as National Mental Retardation Month. and EXDressinq ADDreciation for Efforts of Arc Roanoke. Inc. Chairman Minnix presented the proclamation to Steve Talevi, President of the Board of Directors. Mr. Talevi introduced the other members of the Board of Directors present: Jim McGuire, Atlantic Companies, and Helen Sublette, Botetourt County School Teacher. -- February 28, 1995 155 Supervisor Kohinke moved to adopt the proclamation. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None IN RE: PUBLIC HEARINGS ~ Public Hearinq to Receive citizen Comments for Items to be Included in the BUdqet for the 1995-96 Fiscal Year. Butch Kelly, 8564 Gravel Hill Road, President of the Roanoke County Education Association, asked that the Board put a higher priority on education for this budget by funding education at 57 per cent as was done in 1984, rather than the present 48 percent. He advised that Roanoke County is behind other localities in teacher salaries and below the state average for expenditures per pupil. IN RE: PUBLIC HEARING AND SECOND READING OF ORDINANCES ~ Ordinance to Rezone 0.819 Acre from C-2 Conditional to C-2 to EXDand the Existinq Buildinq. Located at 4347 Old Cave SDrinq Road. Windsor Hills Maqisterial District. UDon the Petition of JoseDh A. Ouesenberry. (Jon Hartlev. Assistant Director of Planninq and Zoninq) 0-22895-8 Mr. Hartley advised that this is a request to remove the four proffers agreed to at the May, 1987 rezoning so that the 156 February 28, 1995 petitioner can expand an existing building and not be limited by the type of business that can go into the addition. The main issue of concern at the Planning Commission Meeting was the commercial entrances and the Planning commission was informed that commercial entrance permits will be required by the Virginia Department of Transportation. The Planning Commission recommended approval with no proffers. In response to a question, Mr. Hartley advised that the current zoning ordinance provides adequate protection in the absence of the four proffers except for the proffer specifying where vehicles can be parked. There were no citizens requesting to speak on this issue. Supervisor Eddy moved to adopt the ordinance. carried by the following recorded vote: The motion AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None ORDINANCE 22895-8 REMOVING PROFFERED CONDITIONS ON THE REZONING OF A 0.819-ACRE TRACT OF REAL ESTATE (TAX MAP NO. 76.20-1-13) LOCATED AT 4347 OLD CAVE SPRING ROAD IN THE WINDSOR HILLS MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF C-2, CONDITIONAL, TO THE ZONING CLASSIFICATION OF C-2, UPON THE APPLICATION OF JOSEPH A. QUESENBERRY WHEREAS, this property was rezoned to C-2 , with proffered conditions in May, 1987; and WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on February 7, 1995; and February 28, 1995 157 WHEREAS, the first reading of this ordinance was held on January 24, 1995; and the second reading and public hearing were held on February 28, 1995; and WHEREAS, legal notice and advertisement has been provided as required by law. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the zoning classification of a certain tract of real estate containing 0.819 acres (TAX MAP NO. 76.20-1-13) and located at 4347 Old Cave Spring Road in the Windsor Hills Magisterial District is hereby changed from the zoning classification of C-2, General Commercial District, with proffered conditions, to the zoning classification of C-2, General Commercial District. 2. That this action is taken upon the application of Joseph A. Quesenberry. 3. That the owners voluntarily proffered in writing the removal of the following conditions approved by the Board of Supervisors in 1987, which the Board of Supervisors hereby removes as follows: 1) Property to be limited to swimming pool service and supplies and retail sales; 2) Storage trailer at rear of building will be screened from view by wooden fencing on three sides; 3) Parking of company vehicles will be at rear of property; 4) No outside storage of sales or swimming pool services and supply equipment will be permitted. 158 February 28, 1995 - 4. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. On motion of Supervisor Eddy to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None h Ordinance to Rezone 7.37 Acres from R-1 to R-3 to Construct a Townhome Pro;ect. Located Northwest of the Intersection of Feather Road and TemDle Drive. vinton Maqisterial District. UDon the Petition of wimmer Real Estate Network. Inc. (Jon Hartlev. Assistant Director of Planninq and Zoninq) 0-22895-9 Mr. Hartley advised that this is a conditional request to rezone 7.37 acres to R-3 for the purpose of constructing a townhome project consisting of 41 units for the elderly. The Planning Commission had concerns about access to the proj ect, and the sight distance at the corner of Feather Road and Temple Drive but deferred those concerns to be dealt with by the Virginia Department of Transportation. They recommended approval with four proffered conditions. February 28, 1995 159 Don Tinqler. 1861 Pembrook Drive. vinton advised that he was opposed to the petitioner closing Temple Drive at the intersection of Temple and Feather Road because of the increased traffic on Hardy Road and safety concerns with the sharp right hand turn. Mr. Wimmer indicated that he was willing to work with VDOT concerning the access concerns and would like to leave the option of closing Temple Drive open pending negotiations with VDOT. There was discussion concerning whether to eliminate the proffer stating that the property will be developed in substantial conformity with the concept plan dated December 21, 1994. Mr. Hartley and Mr. Mahoney advised that if VDOT required substantial changes to the project, it would be brought back to the Board for another hearing. Mr. Mahoney recommended that the proffer remain in the ordinance. Supervisor Nickens advised that he agrees with Supervisor Johnson that eastern Roanoke County needs this type of development and that the only concern is with the entrances. He advised that the County has historically relied on VDOT to determine the overall public interest and safety. In the event that VDOT should decide to close Temple Drive, action would also be required by the Board. He moved to adopt the ordinance and asked that staff continue to work with Mr. Wimmer, Mr. Tingler and others who might have an interest in this project. Nancy Ellis. owner asked for permission to speak. of property adj acent to Mr. Tingler, She asked who would be responsible for 160 February 28, 1995 r--- the maintenance of the road if it were closed and taken out of the state system. Supervisor Johnson and Mr. Mahoney described the maintenance responsibilities for a road being abandoned, vacated, or taken out of the state system. Mr. Mahoney advised that a public hearing before the Board would be required before taking a road out of the state system. Supervisor Nickens moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None ORDINANCE 22895-9 TO CHANGE THE ZONING CLASSIFICATION OF A 7.37 ACRE TRACT OF REAL ESTATE LOCATED NORTHWEST OF THE INTERSECTION OF FEATHER ROAD AND TEMPLE DRIVE (TAX MAP NO. 71.07-1-26 AND 71.07-1-27) IN THE VINTON MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF R-1 TO THE ZONING CLASSIFICATION OF R-3 WITH CONDITIONS UPON THE APPLICATION OF WIMMER REAL ESTATE NETWORK INC. WHEREAS, the first reading of this ordinance was held on January 24, 1995, and the second reading and public hearing were held February 28, 1995; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on February 7, 1995; and, WHEREAS, legal notice and advertisement has been provided as required by law. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: ~ February 28, 1995 161 1. That the zoning classification of a certain tract of real estate containing 7.37 acres, as described herein, and located northwest of the intersection of Feather Road and Temple Drive, (Tax Map Number 71.07-1-26 and 71.07-1-27) in the Vinton Magisterial District, is hereby changed from the zoning classification of R-1, Low-Density Residential District, to the zoning classification of R-3, Medium-Density Residential District. 2. That this action is taken upon the application of Wimmer Real Estate Network Inc. 3. That the owner has voluntarily proffered in writing the following conditions which the Board of Supervisors hereby accepts: (1) The property will be developed in substantial conformi ty with the concept plan dated December 21, 1994. (2) Use of the property shall be restricted to the construction of not more than 41 townhome units and related site improvements associated with townhome development. (3) All townhomes will be one-story structures. (4) All improvements to common areas, e.g. driveways, access roads will be owned and operated by developer and/or the property owners' association. follows: 4. That said real estate is more fully described as BEGINNING at a point on the northerly side of Temple Drive (Va. Sec. Rte. 1030) and the southeast corner of property, now or formerly, of Donald M. Tingler and Nancy T. Ellis (WB 34, page 738 & DB 1394, page 1029); thence leaving Temple Drive and with the Tingler/Ellis line, N. 0 deg. 30' 00" W. 863.30 feet to an iron pin found on the southerly line of property of Thomas W. Callahan (DB 441, page 269); thence with the Callahan line, N. 80 deg. 57' 00" E. 91.83 feet to an iron pin 162 February 28, 1995 - found on the westerly side of Feather Road (Va. Sec. Rte. 654); thence with Feather Road the following courses and distances: S. 28 deg. 06' 35" E. 274.18 feet to an iron pin set; thence S. 33 deg. 07' 14" E. 304.36 feet to an iron pin set; thence S. 40 deg. 18' 51" E. 104.82 feet to an iron pin set; thence S. 30 deg. 21' 14" E. 262.18 feet to an iron pin set; thence S. 21 deg. 41' 36" E. 91.36 feet to an iron pin set; thence leaving Feather Road and with a curve to the right onto Temple Drive with a chord bearing and distance of S. 36 deg. 16' 19" W. 42.39 feet and an arc distance of 50.58 feet to an iron pin set; thence with Temple Drive the following courses and distances: N. 85 deg. 45' 45" W. 367.03 feet to an iron pin set; thence N. 85 deg. 34' 45" W. 367.03 feet to an iron pin set; thence N. 85 deg. 34 ' 45" W. 222 . 26 feet to the point and place of BEGINNING and containing approximately 7.17 acres and being further described as Tax Map No. 71.07-1-26 and 71.07-1-27. 5. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed to amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. On motion of Supervisor Nickens to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None IN RE: ADJOURNMENT At 8: 05 p.m., Supervisor Johnson moved to adjourn. The motion carried by a unanimous voice vote. February 28, 1995 w = - ~ Respectfully submitted, ~ðt1~~!~J~ Brenda J. Iton Deputy Clerk Approved by, 164 February 28, 1995 i== it== This page left blank intentionally.