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Home My WebLink About7/25/1995 - Regular ~ I I ~ July 25, 1995 541 Roanoke County Board of Supervisors Roanoke County Administration Center 5204 Bernard Drive Roanoke, Virginia 24018 July 25, 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 July, 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 MEMBERS ABSENT: None STAFF PRESENT: Elmer C. Hodge, County Administrator; Paul M. Mahoney, County Attorney; Mary H. Allen, Clerk; John M. Chambliss, Assistant County Administrator; Don C. Myers, Assistant County Administrator; Anne Marie Green, Director, Community Relations IN RE: OPENING CEREMONIES The invocation was given by Rabbi Jerome Fox, Beth _______u____.·_~____."_" _ __ ~ ,..... 5-42 July 25, 1995 þ Israel Synagogue. present. The Pledge of Allegiance was recited by all IN RE: REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF AGENDA ITEMS Mr. Hodge added item 11 to the Consent Agenda, acceptance of a grant by the Police Department. Supervisor Eddy asked to discuss two items in Executive Session: (1) offers for surplus well lots, and (2) appointment to the Urban Partnership. IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND AWARDS h Resolutions of Appreciation to Lvnn Ricker and Theodore Susac for their volunteer efforts in I renovatinq Camp Roanoke and authorization to name the dininq hall in their honor. (Debbie pitts, Assistant Recreation Director) R-72595-1 Ms. Pitts described the volunteer work done at Camp Roanoke by Mr. Ricker and Mr. Susac. Chairman Minnix presented resolutions of appreciation to both gentlemen and announced that the dining hall would be named in their honor. Supervisor Kohinke moved to adopt the resolution. The I motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix ----------~- ---- ._-_._~ l .~ 4 July 25, 1995 54J NAYS: None RESOLUTIONS 72595-1 OF APPRECIATION TO LYNN RICKER AND THEODORE SUSAC FOR THEIR VOLUNTEER EFFORTS IN RENOVATING CAMP ROANOKE AND AUTHORIZATION TO NAME THE DINING HALL IN THEIR HONOR WHEREAS, Camp Roanoke, located in western Roanoke County off Dry Hollow Road, was founded in 1925 and operated until 1985 as a YMCA camp for boys; and WHEREAS, Camp Roanoke was purchased by Roanoke county as part of the Spring Hollow Reservoir Project; and WHEREAS, the County, through its Department of Parks I and Recreation, is currently in the process of renovating the Camp, so that it will be available for use by the pUblic for various recreational activities; and WHEREAS, Lynn Ricker and Theodore Susac have been involved in that renovation since October, 1994, providing together over 1000 hours of their time, energy and creativity to Camp; and WHEREAS, Mr. Ricker and Mr. Susac have re-constructed the flat roof of the dining hall and assisted in re-wiring the dining hall, both bathrooms, and the picnic shelter; and WHEREAS, Mr. Ricker and Mr. SUsac have saved Roanoke I County over $20,000 in labor and equipment through· their hard work and dedication to the Camp Roanoke project. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, does hereby express its .. ~__.__ . - ._._..~_ _0'- _._ ~___ -----, _._-- ~ ,..... 5-44 July 25, 1995 þ deepest appreciation to LYNN RICKER and THEODORE SUSAC for their dedication to the County and to the many children who will benefit from the facility in the future; and BE IT FURTHER RESOLVED, that the Board hereby names the dining hall facility at Camp Roanoke "Ricker-Susac Hall". On motion of Supervisor Kohinke to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None .L. Recoqnition of Diane Hyatt and Laurie Gearheart for Excellence in Financial Reportinq for the Comprehensive Annual Financial Report. I Chairman Minnix recognized Diane Hyatt, Director, Finance Department, and Laurie Gearheart, Financial Analyst, for receiving the certificate of Achievement for Excellence for the County's Comprehensive Annual Financial Report from the Governmental Finance Officers Association. ~ Recoqnition by the Commonwealth of Virqinia of the County of Roanoke as an "Accredited Tourism Community". (Elmer Hodqe, County Administrator) Chairman Minnix and Mr. Hodge recognized Tim Gubala, Director, Economic Development Department for his work on the I ------------. . ._--_._---~---_. l 4 I I ~ July 25. 1995 545 accreditation program. The accreditation is for the Roanoke Valley and also recognizes the cities of Roanoke and Salem and the Town of Vinton. IN RE: BRIEFINGS h Briefing from the Department of Development Services and Ombudsman. (Gardner smith, Director of Development Services) Mr. smith reported that in September 1994, the position of Development Facilitator was established to serve as an ombudsman. In March 1995, a new department, with Mr. smith as Director, was formed comprised of the Development Facilitator and other existing staff. The department provides counter and permit processing, assistance to Engineering and Inspections and Planning and Zoning in serving walk-in and telephone customers. The staff provides enhanced customer service and assistance to individuals dealing with permitting, inspections and development and the review processes. IN RE: NEW BUSINESS h Reauest for Fundinq of utility Department Capital Improvement Proqram. (Garv Robertson, Utility Director) A-7259S-2 Mr. Robertson advised that when the utility Capital _. - - ...____ ________ .___.u________ _ _.__.._ ~ ,..... 546 July 25, 1995 þ Improvement Plan was adopted, the funds for the individual projects were not appropriated. staff is recommending appropriation of funds for the water repair and replacement projects in the amount of $651,672. Additionally, the staff has divided the $2.5 million in sewer projects into phases to better manage the construction, and is requesting approval to amend the budget for these projects. There is no change in the amount of funds. staff also requested appropriation of $380,000 for the Sewer Repair and Replacement Program. Following discussion, Supervisor Nickens approve the funding. The motion carried by the recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None moved to following I .L. Consideration of establishinq an Internal AUditor Department. (Elmer Hodqe, County Administrator) Mr. Hodge advised that this was a request from supervisor Johnson. The staff report offered several alternatives including (1) approving the position and funding the office in the amount of $73,000; (2) contract for internal audit services on an as-needed basis; or (3) continue with existing staff providing service to the departments. Supervisors Johnson explained that he requested this position because he felt an internal auditor would provide better I ------------------.-- '-~-'----~- -.--.-....,.- l ~ -I I .~ July 25, 1995 547 control of internal functions such as the Procurement Department, revenue projections, and the possibility of employee theft. The proposed position would ensure a better system of checks and balances. Following discussion, Supervisor Johnson moved to establish and advertise for an internal auditor to report to the Board and that Mr. Hodge, Keith Cook, and members of the Board develop a job description and salary. The motion was defeated by the following recorded vote: AYES: Supervisors Johnson, Kohinke NAYS: Supervisors Eddy, Nickens, Minnix IN RE: REQUESTS FOR WORK SESSIONS h Status of Visioninq Process and request for Work Sessions with the focus qroup chairpersons. (Elmer Hodqe, County Administrator) Mr. Hodge advised that this work session would give the focus groups an opportunity to present their reports to the Board. He would like to televise the presentations and suggested either one 3-hour session or two 1-1/2 hour sessions. It was the consensus of the Board to set the work session for August 8, 1995, at 7: 00 p. m. with members of the Planning commission included. (Note: This date was later moved to Auqust 15, 1995). 0'_-"- _.._ _n.·_ _ _._ __ ___~__.~~___.__ ~ r"" 548 Request for Work Replacement Policy. services Director) It was the consensus of the Board to set the work .L. July 25, 1995 þ session the Rand, on Vehicle (William General session for September 12, 1995. REQUEST FOR PUBLIC HEARING AND FIRST READING OF REZONING ORDINANCES - CONSENT AGENDA Supervisor Eddy moved to approve the first reading and set the second reading and public hearing for Augq.st 22, 1995. The motion carried by the following recorded vote: AYES: Supervisors Johnson, KOhinke, Eddy, Nickens, Minnix NAYS: None IN RE: I ~ Ordinance authorizinq a special Use Permit to construct a reliqious assembly facility, located at Red Lane Extension and 1-81, Catawba Maqisterial District, upon the petition of Huqhes Associates/West Salem Baptist Church. IN RE: FIRST READING OF ORDINANCES ~ l Ordinance authorizinq the release reconveyance of utility easements (South Loop Water Transmission Line) to James W. and Mary A. McCaden, C. John and Jane P. Renick, Allen R. Jr. and Jane C. Bryant, Roamn F. and Polly Kanode, Bennie L. and Jean P. I ---- - ------~-- - 4 1 I ~ July 25,1995 549 Wertz, Wanda M. Kettleson, PhYllis A. Secrest, Norma J. Siqmon. (Paul Mahoney, County Attorney) Mr. Mahoney reported that the Board authorized acquisition of easements for the South Loop Transmission Line at its August 11, 1992 and January 25, 1994 meetings. Dur ing construction, there were instances where the location of the line was adjusted after the original easement was recorded, and the property owners granted Roanoke County a new easement for the actual location of the water line. This ordinance would return the original easements to the property owners. In response to a request from Supervisor Eddy, Mr . Mahoney indicated that he would amend the ordinance for the second reading to clarify that the County was only paying for one easement. Supervisor Johnson moved to approve the first reading and set the second reading for August 22, 1995. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None IN RE: SECOND READING OF ORDINANCES h Ordinance authorizinq conveyance of an easement to Appalachian Power Company for underqround electric service across a portion of a surplus well lot in Hiqhfields SUbdivision. (Paul Mahoney, County Attorney) _.~ --"_.._~----~~._-_.------~-~., ~ -- ,.-.- ~ ,..... 550 July 25, 1995 þ 0-72595-3 There was no discussion and no citizens were present to speak on this ordinance. Supervisor Eddy moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, !1innix NAYS: None ORDINANCE 72595-3 AUTHORIZING CONVEYANCE OF AN EASEMENT TO APPALACHIAN POWER COMPANY FOR UNDERGROUND ELECTRIC SERVICE ACROSS A PORTION OF A SURPLUS WELL LOT IN HIGHFIELDS SUBDIVISION OWNED BY THE BOARD OF SUPERVISORS WHEREAS, the Board of Supervisors of Roanoke County is II the owner of a surplus well lot in Highfields SUbdivision, designated on the Roanoke County Land Records as Tax Map No. 86.11-4-6, in the Windsor Hills Magisterial District; and, WHEREAS, in order to replace an existing overhead line located in a wooded area behind the homes in the Highfields subdivision, and in an effort to enhance the ability to maintain the line and provide reliable service to its customers, Appalachian Power Company (APCO) requires an easement for an underground line on the surplus county well lot; and, WHEREAS, the proposed underground easement does not conflict with the use of the property. NOW, THEREFORE, BE IT ORDAINED by the Board of I Supervisors of Roanoke County, Virginia, as follows: ~__."_U___._~_~__ ___ ---.----.-----,. .- l ~ 1 I .~ July 25, 1995 551 1. 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, i.e. an electric line easement; and 2. That pursuant to the provisions of Section 18.04 of the Charter of Roanoke County, a first reading concerning the disposition of the subject property was held on July 11, 1995; a second reading was held on July 25, 1995; and 3. That APCO's offer to purchase the easement for One Dollar ($1.00) is hereby accepted and the proceeds from the sale of the easement are to be allocated to the capital reserves of Roanoke County; and 4. That the County Administrator is hereby authorized to convey an underground electric line easement, fifteen feet (15') in width and as shown on APCO Drawing No. R-3129, dated May 19, 1995, across the County's Highfields well lot (Tax Map No. 86.11-4-6) unto Appalachian Power Company; and 5. 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 approved as to form by the County Attorney. 6. That this ordinance shall be effective on and from the date of its adoption. On motion of Supervisor Eddy to adopt the ordinance, and carried by the following recorded vote: -----.- ~. .-.-.- -- ~ ,..... 55.2 July 25, 1995 AYES: Supervisors Johnson, KOhinke, Eddy, Nickens, Minnix NAYS: None .L. Ordinance authorizinq donation of sanitary sewer pump station from Thomas, Ltd. to serve Campbell Hills (Paul Mahoney, County Attorney) 0-72595-4 Supervisor Eddy suggested that the staff report be corrected to indicate that this was an ordinance and not a consent agenda item._ There was no discussion and no citizens were present to speak on this ordinance. 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 72595-4 ACCEPTING THE DONATION OF CERTAIN REAL ESTATE FROM THOMAS LTD. TO ROAN- OKE COUNTY FOR A SEWER PUMP STATION LOCATED OFF ROUTE 11 & 460 AT THE ENTRANCE TO CAMPBELL HILLS BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That pursuant to the provisions of Section 18.04 of the Charter of Roanoke County, a first reading on this ordinance was held on July 11, 1995; and a second reading was l þ I I ~ 1 1 ~ July 25, 1995 553 held on July 25, 1995. 2. That the conveyance of this real estate by donation from Thomas Ltd. to Roanoke County for a sewer pump station located off Route 11 & 460 at the entrance to Campbell Hills is hereby accepted. Said real estate is more particularly described as a 1.042 acre parcel of real estate shown on a "Map showing property to be conveyed to County of Roanoke by Thomas Ltd." prepared by T. P. Parker & Son, dated June 2, 1995, and attached to this ordinance. 3. That the County Administrator is authorized to execute such documents and take such actions on behalf of Roanoke County as are necessary to accomplish the conveyance of said property, all of which shall be upon form approved by the County Attorney. 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 h Community Corrections Resources Board Supervisor Eddy nominated Chris Pickard to serve another one year term which will expire August 31 1996. Ms. Allen was directed to contact Jim Phipps, VASAP, for a recommendation for an alternate member to replace Michael Vulgan. ----- --~. --~- ...4 ~ 554 July 25, 1995 þ .L. Urban Partnership Supervisor Eddy asked that this issue be discussed in Executive Session. IN RE: CONSENT AGENDA R-72595-5 Supervisor Eddy suggested that specific staggered terms be set for the Public Safety Volunteer Benefits Board of Trustees. Mr. Hodge was directed to check on this matter with Chief Fuqua. Supervisor Johnson moved to Resolution with the addition of Item 11, and removal of Item 7 for a separate vote. the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix adopt the Consent discussion of Item 3, The motion carried by I NAYS: None Supervisor Johnson moved to approve Item 7. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Nickens, Minnix NAYS: Supervisor Eddy Supervisor Nickens asked that the Board be given a copy of the survey questionnaire for the four-year college (Item 7). Supervisor Eddy asked that Senators Warner and Robb be included in the resolution for the Appalachian Regional Commission (Item 10). I - - -,._-_._- -- ---~~--_._---- ___n__._.___. .___..___.'_'" l ~ I I .~ July 25. 1995 555 RESOLUTION 72595-5 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 July 25, 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 11, inclusive, as follows: 1. Approval of Minutes for May 23, 1995, June 13, 1995 2. Confirmation of committee appointments to the Highway and Transportation Safety Commission and the Library Board. 3. Confirmation of appointments to the Public Safety Volunteer Benefits Board of Trustees. 4. Request from the School Board for $22,500 grant appropriation to the School Grant Fund for the Roanoke Area Tech Prep Consortium. 5. Request from the School Board for $667,025 grant appropriation to the School Capital Fund for the Virginia Public School Authority Equipment Grant. 6. Request from the appropriation to Education Fund. School Board for $2,873,696 the 1995/96 Regional Special 7. Request for funds to conduct a survey of the need for a four-year state university in the Roanoke Valley. 8. Request for acceptance of Old Locke Court, Canterbury Park, section 7 in the VDOT Secondary System. 9. Request for acceptance of Tulip Lane and Sunflower ---"_. ..- --. ----._- - -.". -. --.-.------------- ~ ,..... 556 July 25, 1995 þ Drive, Edgemont of Vint.on, Section 1, into the VDOT Secondary System. 10. Resolution supporting the inclusion of Roanoke County within the Appalachian Regional Commission boundaries. 11. Acceptance of a grant by the Police Department for ~Community Crime Prevention Services. 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 Resolution with the addition of Item 11, discussion of Item 3, and removal of Item 7 for separate vote, and carried by the I following recorded vote: AYES: Supervisors Johnson, KOhinke, Eddy, Nickens, Minnix NAYS: None On motion of Supervisor Johnson to approve Item 7, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Nickens, Minnix NAYS: Supervisor Eddy RESOLUTION 7259S-5.q REQUESTING ACCEPTANCE OF OLD LOCKE COURT, CANTERBURY PARK, SECTION 7, INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY SYSTEM. WHEREAS, the streets described on the attached Additions Form SR-5(a), fully incorporated herein by reference, I are shown on plats recorded in the Clerk's Office of the Circuit Court of Roanoke County, and l ~ I I ~ July 25, 1995 557 WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised this Board the streets meet the requirements established by the Subdivision street Requirements of the Virginia Department of Transportation, and NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia Department of Transportation to add the streets described on the attached Additions Form SR-5(A) to the secondary system of state highways, pursuant to §33.1-229, Code of Virginia, and the Department's Subdivision street Requirements, and BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts, fills and drainage, and BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident engineer for the Virginia Department of Transportation. Recorded Vote Moved By: Supervisor Johnson Seconded By: None Required Yeas: Supervisors Johnson. Kohinke. Eddy. Nickens. Minnix Nays: None RESOLUTION 72595-5.h REQUESTING ACCEPTANCE OF TULIP LANE AND SUNFLOWER DRIVE, EDGEMONT OF VINTON, SECTION 1, INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY SYSTEM. WHEREAS, the streets described on the attached Additions Form SR-5(a), fully incorporated herein by reference, are shown on plats recorded in the Clerk's Office of the Circuit Court of Roanoke County, and WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised this Board the streets meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation, and NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia Department of Transportation to add the streets described on the attached Additions Form SR-5(A) to the secondary system of state highways, pursuant to §33.1-229, Code of Virginia, and the Department's Subdivision street Requirements. - - ---~- -----~ - ----.-------- --- -.-- ~ ,.. 558 July 25, 1995 and BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts, fills and drainage, and BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded-to the Resident engineer for the Virginia Department of Transportation. Recorded Vote Moved By: Supervisor Johnson Seconded By: None Reouired Yeas: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix Nays: None RESOLUTION 72595-5. i IN SUPPORT OF THE INCLUSION OF ROANOKE COUNTY IN THE APPALACHIAN REGIONAL COMMISSION. WHEREAS, the Appalachian Regional Commission (ARC) was formed in 1965 to enhance the economic development and the quality of life of the of the people in the Appalachian area of the United states; and WHEREAS, ARC, through its federal, state and local partnership, has pursued its mission in a very effective manner by supporting local economic development projects and could be of great assistance to Roanoke County in its economic development efforts; and WHEREAS, the ARC region currently includes three counties adj acent to Roanoke County and these communities have close economic and social ties with Roanoke County; and WHEREAS, Roanoke County has s ignif icant economic linkages with the counties and cities in the ARC region of þ I I _.._-~~----_._----_..._---,--_._._.- --.- l ~ 1 I .~ July 25. 1995 559 western/southwestern Virginia and southeastern West Virginia; and WHEREAS, Roanoke County's ability to promote growth within this region of the Commonwealth of Virginia could be greatly enhanced by participation in the ARC; and WHEREAS, Roanoke County recognizes the need to approach economic development from a regional perspective. NOW, THEREFORE BE IT RESOLVED that Roanoke County, Virginia, requests Congressman Bob Goodlatte, Congressman Rick Boucher, Senator John Warner and Senator Charles Robb to pursue the inclusion of Roanoke County as a member of the Appalachian Regional Commission. 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 Supervisor Johnson: (1) He received a copy of a letter from Gary Everhardt, Superintendent, Blue Ridge Parkway, to the Virginia Department of Transportation, regarding options for the road improvements to Route 221. He requested that the letter be included in the record at the pUblic hearing on the road improvements, and that the Board receive copies. (2) He asked about the responses to the meeting on Williamson Road beautification project. Mr. Hodge advised that the staff is --~-~ --- -~~- - ~ ,... 560 July 25, 1995 þ still reviewing the responses, and he will have the information by the August 22, 1995 meeting. (3) He asked Mr. Hodge to check on whether the Virginia Department of Transportation is mowing weeds in median strips such as Peters Creek Road. Supervisor Kohinke: (1) He asked for an update on the Hanging Rock proj ect at the August 22, 1995 meeting. (2) He thanked the staff for the tour of Camp Roanoke and the reservoir. supervisor Eddy: (1) He asked if the problem regarding the noise complaints at Corrugated Container had been resolved. Mr. Hodge-advised that he will check and report back. (2) He reported that at the joint meeting with Roanoke city Council, there was discussion on a metro transportation district and asked what had been done since. Mr. Hodge responded that he has contacted Bob Herbert, and their staff will make a presentation to our staff within the next several weeks. (3) He advised that he received a memorandum from Mr. Mahoney regarding changes in the state law increasing the fines for disabled parking violations. He felt that the local ordinance should be consistent with state code. (4) He asked about the assessment of forestry land. Mr. Hodge described what the staff will be doing regarding productive and non productive designations. (5) He received Board consensus to pursue the possibility of purchasing the necessary equipment to televise the work sessions from the fourth floor conference room. Supervisor Nickens: He asked for a briefing from Terry -- -'.-,-_.._- -------,.--..--..- ~ I I ~ I I ~ July 25, 1995 561 Harrington on the Wolf Creek development. Supervisor Minnix: (1) He asked Mr. Hodge for possible recommendations to look at privatizing services that would guarantee no employee lay-offs. (2) He announced that he had checked into the complaint from a citizen who was not allowed to play golf at a county park, and was advised that when staff is mowing the parks, the balls come out of the grass at up to speeds of 100 mph which is a danger to the staff. Mr. Hodge has written to the individual explaining the problem. (3) He announced that he and Mr. Hodge were invited to meet the new Radford University president, Dr. Covington, at the Hotel Roanoke, and that he would like to establish closer ties between Radford University and the Roanoke Valley. (5) He announced that he felt that the Commonwealth Games were very successful, and asked for a report on the economic impact of the games in the Roanoke Valley. (5) He advised that he has requested staff to prepare a resolution of appreciation for those involved with the New Century Council to be brought to the August 22, 1995 meeting. IN RE: REPORTS Supervisor Johnson moved to receive and following reports after discussion of Items 6 and 8. carried by a unanimous voice vote. h General Fund Unappropriated Balance .L. capital Fund UnaDPropriated Balance file the The motion -.--"-..---- ~ ,... 562 July 25, 1995 þ ~ Board continqency Fund h statement of the Treasurer's Accountability per Investment and Portfolio Policy, as of June 30, 1995 ~ Bond Pro;ect status Report ~ Report on the possibility of periodic cleanout of drainaqe culverts. Supervisor Eddy suggested that inspections be conducted as part of the drainage program, and requested that a work session be scheduled with the Department of Transportation. There was no consensus on setting a work session. L.. Additions to the VDOT Secondary System effective June 1995. h Report of Claims Activity for the Self-Insurance Proqram. Mr. Mahoney advised that the Board of Trustees will bring back a report wi thin the next month which will include information on insurance reserves. I IN RE: RECESS At 5:10 p.m., Chairman Minnix declared a recess. IN RE: RECONVENEMENT At 5:20 p.m., Chairman Minnix reconvened the meeting in Work Session. I - .---.-.---.--....-- -,_.,-----~.__._._- --- l ~ 1 I .~ July 25, 1995 56J IN RE: WORK SESSION h Work Session on Revenue proiection Methodoloqy The work session was presented by Diane Hyatt, Director of Finance, and Brent Robertson, Budget Manager. Mr. Robertson and Ms. Hyatt presented charts showing the annual percentage change in personal property tax revenue since 1982 and an analysis of the actual revenues since fiscal year 1989-90, and a similar report for real estate tax revenues. They described the difficulties in accurately projecting revenues from year. to year. Mr. Robertson reported that staff has developed a computer program to input statistical data that should create better revenue projections. They are also surveying other localities for additional ideas to improve revenue projections. IN RE: DISCUSSION OF PETERS CREEK WATERSHED DETENTION PONDS There was a brief discussion with Bill Clark, Roanoke City Engineering Department, regarding the Peters Creek watershed detention ponds. This item was discussed further in the Executive Session. IN RE: EXECUTIVE SESSION At 6: 10 p. m., Supervisor Johnson moved to go into Executive Session pursuant to pursuant to the Code of Virginia Section 2.1-344 A (7) Consultation with legal counsel pertaining "-~ - .-- --..._--- _____~ ______~____~____._·h_... ~ ,.... 5-M July 25, 1995 to actual or probably litigation, i.e. Wayne Engineering; 2.1-344 A (3) Discussion of the acquisition of real property for public purpose; 2.1-344 A (5) Discussion concerning a prospective business or industry where no previous announcement has been made; (3) Disposition of surplus real estate; and (1) Appointment to Urban Partnership. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None IN RE: CERTIFICATION OF EXECUTIVE SESSION R-72595-6 At 7: 01 p.m., Supervisor Nickens moved to return to open session and adopt the Certification Resolution, and advised that the Executive Session will continue following the evening session. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None RESOLUTION 72595-6 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 .------.--.----- ---~ --"------" ~ þ I I ~ 1 1 ~ July' 25, 1995 565 requires a certification by the Board of Supervisors of Roanoke County, Virginia, that such executive meeting was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, hereby certifies that, to the best of each members knowledge: 1. Only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the executive meeting which this certification resolution applies, and 2. Only such public business matters as were identified in the motion convening the executive meeting were heard, discussed or considered by the Board of Supervisors of Roanoke County, Virginia. On motion of Supervisor Nickens to adopt the Certification Resolution, and carried by the following recorded vote: AYES: NAYS: Supervisors Johnson, KOhinke, Eddy, Nickens, Minnix None IN RE: PUBLIC HEARINGS h Public Hearinq and resolution on the acquisition by condemnation or other means of an easement across property owned by Guenther enterinq and takinq an easement property prior to or durinq Gass: and across such condemnation . -- ~ _._--,._-,.__._-~-- ~ ~ 566 July 25, 1995 proceedinq to construct and install a sewer line to supply public water to the Dixie Cavern and West Roanoke County area. (William B. Hopkins, Jr. ) R-72595-7 Mr. Hopkins advised that the County has been unable to reach an agreement with Guenther Gass for property necessary for the 1991 water projects in order to construct a sewer line to supply the water treatment system to Dixie Cavern and west Roanoke County. An independent appraisal determined the estimated market value and damages to the proposed acquisition are $577 (easement - $297, temporary construction easement - $30, shrubbery - $253). The easement is 20 feet wide and 130.5 feet long. Mr. Guenther Gass, 4914 W. Main street, Salem, was present. He advised that he was requesting a larger sum because of the inconvenience. He explained that he is using the property as rental property and might have a problem renting while the work is going on, and the easement would allow the County to come on his property in the future to repair the sewer. He also expressed concern that the government could take his property without his authority. In response to questions from Supervisor Eddy, utility Director Gary Robertson advised that the contractor would be on Mr. Gass' property approximately two weeks. After the work is ------------ l þ I I .._____._._____ ____._ u.__ ~ 1 I .~ July 25, 1995 567 completed, the contractor returns the property to its original condition. Mr. Robertson indicated that it is only a remote possibility that repairs would be needed on a new sewer line for the next 20 to 25 years. Supervisor Nickens moved to adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None RESOLUTION 72595-7 PURSUANT TO SECTION 15.1-238 (E) OF THE CODE OF VIRGINIA, 1950, AS AMENDED, AUTHORIZING THE ACQUISITION OF AN EASEMENT THROUGH THE LAND OF GUENTHER GASS FOR THE 1991 WATER PROJECTS Following a pUblic hearing of the Board of Supervisors of Roanoke County on Tuesday, July 25, 1995, at 7:00 p.m., after due notice to the public, this Board makes the following findings of fact and adopted the following resolution: BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the 1991 Water Projects have been approved to provide a source of water for the citizens of Roanoke County. 2. That the project is necessary for the general n - health, safety and welfare of the public. 3. That acquisition of an interest in a certain parcel of land, described below, is necessary for construction of a sewer line in order to supply a public water treatment system to the Dixie Cavern and west Roanoke County area. -- ----------~~~---_._-- .---.- ~ ,..... 568 July 25, 1995 4. In order to complete this proj ect, the county needs to acquire an interest in the property described below: OWNER: Guenther Gass; PROPERTY DESCRIPTION: Parcel of land located on south side of u.s. Route 11 and west of state Route 927, Roanoke County, Virginia (Roanoke County Tax Map No. 64.02-02-14) See attached plat identified as "EXHIBIT A" showing easement and temporary construction easement to be acquired from Guenther Gass. 5. That the fair market value of the interest in the property to be taken and damages to the residue of such property, if any, is as follows: PROPERTY OWNER FAIR MARKET VALUE AND DAMAGES, IF ANY Guenther Gass $577.00 6. That such landowner has been offered the amount listed in paragraph 5 above for an interest in his property and that he refused such offer. Therefore, the only feasible way of acquiring the land described above is by condemnation. 7. That it is necessary for the County to immediately enter upon and take possession of the property described above and commence construction of such sewer line and any other ~ þ I I ~ 1 1 ~ July' 25, 1995 569 appurtenances thereto in order to more adequately serve the needs of the citizens of Roanoke county and to institute and conduct appropriate condemnation proceedings as to the above-described property as provided by law and by this resolution the County hereby states its intent to do so. 8. That pursuant to the provisions of section 15.1- 238(E) of the Code of Virginia, 1950, as amended, the Board finds that it is necessary to be vested with those powers granted the Commonwealth Transportation Commissioner pursuant to Sections 33.1-119 through 33.1-129, both inclusive, in order to enter upon the property to be condemned prior to or during the condemnation proceeding for the construction of sewer lines and any other appurtenances thereto. 9. That the Roanoke County Board of Supervisors hereby condemn the interest in the properties shown on the Exhibit A attached hereto and made a part of this resolution and authorizes the County Administrator and the County Attorney to sign all papers and documents necessary to this end on behalf of the County. 10. That the Roanoke County Board of Supervisors shall in accordance with Section 15.1-238(E) of the 1950 Code of Virginia, as amended, be vested with those powers granted to the Commonwealth Transportation Commissioner pursuant to Section 33.1-119 through 33.1-129, both inclusive, in order to enter upon and take the condemned property prior to or during the - --_._~-~~-~--,------ ~ ,..... ~LO July 25, 1995 þ condemnation proceeding so that the construction and maintenance of the sewer line as described above may be commenced immediately the Board of Supervisors shall perform the duties and functions required of the Commonwealth Transportation Commissioner in such statutes. 11. That notice of this condemnation setting forth the compensation offered shall be sent by certified mail to the landowner as described above on or before August 4, 1995. 12. That the law firm of Martin, Hopkins & Lemon, P.C. shall be the duly authorized agent and attorney for the county for the purpose of instituting condemnation proceedings and the handling of ,the acquisition of these properties for the County. On motion of Supervisor Nickens to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohink~, Eddy, Nickens, Minnix NAYS: None I IN RE: PUBLIC HEARING AND SECOND READING OF ORDINANCES h Ordinance authorizinq a special Use Permit to operate a private horse stable located at 8411 Olsen Road, Hollins Maqisterial District, upon the petition of Robert E. Murphy. (Terry Harrinqton, Planninq and Zoninq Director) I 0-72595-8 -- -- ...- -- _. ---~- - ---_..---- l ~ 1 I .~ July 25, 1995 571 Mr. Harrington presented the staff report and advised . that there was one condition attached to the Special Use Permit stating that no more than two horses will be kept on the property. The Planning commission recommended approval. There was no discussion and no citizens were present to speak on this ordinance. Supervisor Johnson moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None ORDINANCE 72595-8 GRANTING A SPECIAL USE PERMIT TO ROBERT E. MURPHY TO OPERATE A PRI- VATE HORSE STABLE LOCATED AT 8411 OLSEN ROAD, (PARCELS 26.11-2-1'), HOLLINS MAGISTERIAL DISTRICT ~J/ l6!,?o 9~ WHEREAS, Robert E. Murphy has filed a petition to operate a private horse stable at 8411 Olsen Road in the Hollins Magisterial District; and WHEREAS, the Planning commission held a public hearing on this matter on July 5, 1995; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first reading on this matter on June 27, 1995; the second reading and public hearing on this matter was held on July 25, 1995. NOW, THEREFORE BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: ... - ... - --~---_......__._._----- ...-.-..--- - - _____·_______n. .____.__._ _____~_ ~---------.- ~ ,..... ~72 July 25, 1995 þ 1. That the Board finds that the granting of a special use· permit to operate a private horse stable at 8411 Olsen Road in the Hollins 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, and hereby grants a special Use Permit to Robert E. Murphy to allow said use with the following condition: (a) No more than two horses will be kept on the prop- erty. On motion of Supervisor Johnson to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Johnson, KOhinke, Eddy, Nickens, Minnix NAYS: None I ~ Ordinance to amend section 30-93-14 of the Roanoke County zoninq Ordinance to revise the siqn reaulations for shoppinq centers, upon the petition of Roanoke County Planning Commission. (Terry Harrinqton, Planninq and Zoninq Director) 0-72595-9 Mr. Harrington reported that since 1992, all signage at Tanglewood Mall has been nonconforming because the square footage of displayed signage exceeds the allowable maximum by 28%. New I .~".·_·._.u._·.__. l ~ 1 I ~ Julý 25, 1995 573 businesses at Tanglewood with exterior signage have had to request variances before the Board of Zoning Appeals. The Planning the Commission recommended that regulations be modified to allow major new anchor stores to display up to 100 square feet of signage. In response to a question from Supervisor Nickens, Mr Harrington advised that anchor stores must contain at least 32,000 square feet, and the signs must be permanent signs. Supervisor Eddy moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Johnson, KOhinke, Eddy, Nickens, Minnix NAYS: None ORDINANCE 72595-9 AMENDING SECTION 30-93-14 OF THE ROANOKE COUNTY ZONING ORDINANCE TO REVISE THE SIGN REGULATIONS FOR SHOPPING CENTERS UPON THE REQUEST OF THE ROANOKE COUNTY PLANNING COMMISSION WHEREAS, upon the request and recommendation of the Roanoke County Planning Commission, the first reading on this ordinance was scheduled for June 27, 1995; the second reading and public hearing was scheduled for July 25, 1995; and WHEREA'S, the Roanoke County Planning Commission held a public hearing on this matter on July 5, 1995; and, WHEREAS, legal notice and advertisement has been provided as required by law. ,~.._.__._--_._--_. .._~._-- .. -------------- - '.___ 0'___-----------_. _ __.,___~_.. _______.~____._ .._______.'_ - .__._.__...,------~ ~ ,... 51=.4 July 25, 1995 NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That Section 30-93 be amended to read and provide as follows: SEC. 30-93 SIGNS Sec. 30-93-14 Special and signage Districts Regulations (B) Shopping Centers Within shopping center square footage that existed prior to the adoption of this ordinance, new or existing businesses may modify or replace their existing attached signs provided the area of the modified or new signage is equal to or less than the original displayed signage. Modifications to freestanding signs shall be in accord with the district regulations. In addition, notwithstanding the provisions of Section 30-93-13 (E) 2., within enclosed shopping centers exceeding two hundred fifty thousand (250,000) gross floor area, businesses that request sign permits for lots that meet or exceed their allowable sign allocation shall be allowed a maximum of one hundred (100) square feet of signage, providad the businc30 has diract external public acce:!:! to the parJcing area gi8MWØ:3iªi::::::::I~:~::::::::::~H@::~.B:@@:§::::::::::miA:§j:i:i:·:~i:i:i:::::mi~iB:æmBm:::i::::::&EB:§æ::::i:i:i:i~:~:Bgii:i:i:i:i:iAÐ~~: ----- l þ I I ~ I I --, .--.. ._---"'.~ .~ July 25, 1995 575 í£I!lmg9gl~~HiE@II~~Eland the sign displayed shall be located a minimum of 300 feet from the closest public right-of-way. (Amended Ord. 42694-12) 2. That this ordinance shall take effect from and after the date of this ordinance. f 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 ~ Reconsideration of Ordinance authorizinq a SDecial Use Permit to construct a broadcast tower atop Read Mountain approximatelY .4 mile north of Summit Ridqe Road, Hollins Maqisterial District, upon the petition of Virqinia Towers, Inc. (Terry Harrinqton, Director of Planninq and Zoninq) 0-72595-10 Mr. Harrington reported that on May 23, 1995, the Board denied the request of Virginia Towers, Inc. for a communications tower on Read Mountain. On June 13, the Board approved a motion to reconsider the request so that the applicants 'could have another opportunity to present their case. The following citizens spoke regarding the proposed tower: ._._~-------------~---_._---~-_._.._---~~--------~--~---~----~_. ~ ,... 57Æ July 25, 1995 1. Richard Angell, 2068 Wesvan Dr., spoke in opposition because of the negative impact to the viewshed of Read Mountain. 2. Robert Bruch, 5024 Harvest Ridge Road, spoke in support of the tower because the petitioner has worked to minimize the impact and the new tower would be less visible than the current tower. 3. Cynthia Shrader, 8117 Hunters Trail, spoke in opposition because of the impact to Read Mountain and the concern that other towers could be located on the mountain if this one is approved. Maryellen Goodlatte~ attorney for Virginia Towers, advised that they have added several new conditions to minimize the impact to the viewshed. They include: (1) that the tower will be a maximum of 80 feet and will be tucked under the ridgeline; (2) the existing airway beacon must be removed; (3) access to the tower will be through the existing right-of-way; (4) the only power source will be two on-site generators; (5) no more than one dish, 50 feet from the ground and 48 inches in diameter will be permitted on the tower; (6) the color shall be painted either green or brown or a combination on the lower 60 feet with the remainder in silver metallic; (7) the tower shall be constructed consistent with the site plan; and (8) no changes in the permit shall be allowed without approval of the Board. l þ I I ~ I I ~ July 25, 1995 577 Ms. Goodlatte explained that these conditions were to meet the concerns of the residents at the previous public hearings. Randy Laird, with Radio station WRDJ advised that they are requesting the tower to enhance their power into the Roanoke Valley. The studios will remain in Lynchburg. Several Board members indicated concern about the precedent for future towers on Read Mountain if this one is approved. In response to a question from Supervisor Johnson, Mr. Mahoney advised that the Board could deny future requests depending on the specific conditions attached to the request by the petitioners. Supervisor Johnson moved to deny the special use permit. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Eddy, Minnix NAYS: Supervisor KOhinke, Nickens ORDINANCE 72595-10 DENYING A SPECIAL USE PERMIT TO VIRGINIA TOWERS INC. TO CONSTRUCT A BROADCAST TOWER ATOP READ MOUNTAIN APPROXI- MATELY .4 MILE NORTH OF SUMMIT RIDGE ROAD, (TAX PARCEL 39.00-1-1), HOLLINS MAGISTERIAL DISTRICT WHEREAS, Virginia Towers Inc. has filed a petition to allow the construction of a broadcast tower atop Read Mountain approximately .4 mile north of Summit Ridge Road in the Hollins Magisterial District; and WHEREAS, the Planning commission held a pUblic hearing on this matter on May 2, 1995; and --- -------.-. ----- - ----_.._~ -- .-..-------- -- .- - -----. ----.,.--.------.- ~ -----.... - -----------~------------_._----- ~ JI""" 5~8 July 25, 1995 þ WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first reading on this matter on January 24, 1995; the second reading and public hearing on this matter was held on May 23, 1995; and a reconsideration on this matter on July 25, 1995. NOW, THEREFORE BE IT ORDAINED by the Board of Supervisors of Roanoke county, Virginia, as follows: On motion of Supervisor g[:8!n§.8ll to deny the special use permit, and carried by the following recorded vote: AYES: Supervisors Johnson, Eddy, Minnix NAYS: Supervisors KOhinke, Nickens I IN RE: EXECUTIVE SESSION At 8: 03 p.m., Supervisor Johnson moved to go into Executive Session pursuant to the Code of Virginia Section 2.1- 344 A to continue discussion of those items outlined at the earlier Executive Session. The motion carried by the following recorded vote: AYES: NAYS: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix ··None IN RE: CERTIFICATION OF EXECUTIVE SESSION R-72595-11 I - ._---_.---~----,---- -'-.-----------. l ~ I I .~ .T uly 25, 1995 579 . AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None RESOLUTION 72595-11 CERTIFYING EXECUTIVE MEETING WAS HELD IN CONFORMITY WITH THE CODE OF VIRGINIA WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened an executive meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of The Virginia Freedom of Information Act; and WHEREAS, Section 2.1-344.1 of the Code of Virginia requires a certification by the Board of Supervisors of Roanoke County, Virginia, that such executive meeting was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, hereby certifies that, to the best of each members knowledge: 1. Only public business matters lawfully· exempted from open meeting requirements by Virginia law were discussed in the executive meeting which this certification resolution applies, and 2. Only such public business matters as were identif ied in the motion convening the executive meeting were heard, discussed or considered by the Board of Supervisors of Roanoke County, Virginia. -- ~------- --------,------ -----," ---------- ----~ -- --------------- --------~- --- ---~----------- ~ ,..... 580 .T uly 25, 1995 On motion Supervisor Johnson of to adopt the certification Resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, KOhinke, Eddy, Nickens, Minnix NAYS: None IN RE: ADJOURNMENT At 8:50 p.m., Supervisor Johnson moved to adjourn to August 8, 1995, at 7:00 p.m. for a work session on the visioning process. (The date of this work session was chanqed later to August 15, 1996, at 7:00 p.m.) The motion carried by a unanimous voice vote. Submitted by, Approved by, Yn~y./.~ Mary H. Allen Clerk to the Board l þ I I