HomeMy WebLinkAbout8/22/1995 - Regular
~
I
I
~
August 22, 1995
59-1
Roanoke County Board of Supervisors
Roanoke County Administration Center
5204 Bernard Drive
Roanoke, Virginia 24018
August 22, 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 only regularly scheduled meeting of the month
of August, 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"
Edward G. Kohinke, Sr.,
Johnson, Harry C. Nickens
Minnix, Vice
Supervisors
Chairman
Bob L.
..
MEMBERS ABSENT:
Supervisor Lee B. Eddy
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
..-~--~---~-
~
,..
592
August 22, 1995
þ
The invocation was given by Dr. Michael Nevling, Colonial
Presbyterian Church.
The Pledge of Allegiance was recited by all
present.
IN RE:
REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF AGENDA
ITEMS
Chairman Minnix announced the following: (1) first reading
of ordinance requesting a special use permit for an accessory
apartment has been withdrawn because the variance was denied by the
Board of Zoning Appeals; (2) public hearing and request for special
use permit for private kennel has been continued at the request of
request for special use permit on Red Lane has been withdrawn at
thel
and
the
petitioner until september 26, 1995; and (3) public hearing
request of the petitioner.
Mr. Mahoney added an item to Executive Session 2.1-344. A
(1) evaluation of personnel, and changed item 2.1-344 A (3) from
acquisition of real property to sale of real property.
IN RE:
BRIEFINGS
~ Briefinq from the Virqinia Department of Transportation
on schedules for mowing, cleaning of drainage ditches
and snow removal. (Jeff Echols, Resident Enqineer)
Mr. Echols explained that local and state manpower
reductions, retirements, transition workforce act, events of weather'lI
and the use of private contractors by the State, contribute to VDOT
l
~
I
II
.~
August 22, 1995
593
not being able to provide the level of service that they have in the
past. He advised that the County has 23 miles of interstate, over 67
miles of primary routes, and 537 miles of secondary routes, and that
three to four miles is added to the state system every year. With
this amount of roads to maintain, VDOT strives to maintain a high
level of service.
Supervisor Johnson asked for input from VDOT and the County
staff on possible solutions to the situation created when a road in
the County is not mowed but that same road extending into Roanoke City
or Vinton is mowed. He advised that he was concerned about the amount
of litter along County roads, and asked that VDOT coordinate efforts
with the state Police to enforce the no littering laws. He also asked
that VDOT coordinate the paving of streets that are situated both in
Roanoke County and Roanoke City.
In response to Supervisor Kohinke's inquiry, Mr. Echols
advised that VDOT does maintain driveway culverts if they are located
in their right of way. Supervisor KOhinke requested that VDOT
increase the snow removal efforts in the Catawba District.
IN RE:
NEW BUSINESS
~ Request for authorization to develop a Mutual Aid
Aqreement with the city of Salem. (Tommv Fuqua, Fire
and Rescue Chief)
A-82295-1
Chief Fuqua advised that in 1986, Roanoke County and the
~
,..
594
August 22, 1995
þ
City of Salem entered into a Mutual Aid Contract for fire services
which provided for a paYment of $1,900 per response.
Over the past
nine years, assistance has been provided by both Salem and Roanoke
County but no money has changed hands, and on July 24, 1995, the Salem
City Council voted to eliminate the charge.
He recommended that the
Board remove the $1,900 fee and authorize changing the mutual aid
agreement with the City of Salem. In response to Supervisor Kohinke,
Chief Fuqua advised that this contract applies to fire services only
and tl}at there are mutual aid agreements between all Valley rescue
squads.
Supervisor Nickens moved to approve the request.
The motion II
carried by the following recorded vote:
AYES:
Supervisors Johnson, Kohinke, Nickens, Minnix
NAYS:
None
ABSENT:
Supervisor Eddy
~ Request from the Fifth Planning District commission to
Amend their Bvlaws and charter.
(Elmer C. Hodqe,
County Administrator)
R-82295-2
Mr. Hodge advised that all localities participating in the
Fifth Planning District Commission must concur with the amendments to
the Commission Bylaws and Charter. The changes relate to the term of
office for the Commission Chair and Vice Chair, and the composition
of II
the Executive Committee. There was no discussion.
l
~
I
II
~
Au~ust 22, 1995
595
Supervisor Nickens moved to adopt the resolution. The
motion carried by the following recorded vote:
AYES:
Supervisors Johnson, Kohinke, Nickens, Minnix
NAYS:
None
ABSENT:
Supervisor Eddy
RESOLUTION 82295-2 SUPPORTING THE AMENDMENTS TO THE CHARTER
OF THE FIFTH PLANNING DISTRICT COMMISSION
WHEREAS, the Charter of the Fifth Planning District
Commission was
in September,
approved
and
signed by
1969,
participating member governmental subdivision; and
WHEREAS, the Commission has voted on July 27, 1995 to amend
its Bylaws and the Commission's Charter; and
WHEREAS, the Commission has requested the County of Roanoke
to review and approve the amendments to the Charter as approved by the
Commission; and
WHEREAS, the proposed amendments to the Charter will assist
in enhancing the operations of the Commission.
NOW, THEREFORE BE IT RESOLVED, that the Roanoke County Board
of Supervisors concurs with the amendments to the Charter as approved
by the Fifth Planning District Commission on July 27, 1995, and adopts
this resolution to show its concurrence.
On motion of Supervisor Nickens to adopt the resolution, and
carried by the following recorded vote:
AYES:
NAYS:
ABSENT:
Supervisors Johnson, Kohinke, Nickens, Minnix
None
Supervisor Eddy
--------------
~
r""
596
August 22, 1995
þ
~ Request from Explore Park for the donation of a surplus
dump truck. (Elmer C. Hodqe, county Administrator)
A-82295-3
There was no staff report presented and there was no
discussion.
Supervisor Johnson moved to approve the request.
The
motion carried by the following recorded vote:
AYES:
Supervisors Johnson, Kohinke, Nickens, Minnix
NAYS:
None
ABSENT:
Supervisor Eddy
~ Approval of Joint Exercise of Powers Aqreement for the
Fifth P1anninq District Disabi1itv services Board'lI
(John Chambliss, Assistant County Administrator)
A-82295-4
Mr. Chambliss advised that in 1992 after the General
Assembly established a requirement for localities to participate in a
disability services board, Roanoke County established the Fifth
Planning District Commission Disability Services Board.
The General
Assembly has now provided Rehabilitative Services Initiative Funds in
the amount of $25,290 and has requested that a fiscal agent be
established and a Joint Exercise of Power Agreement adopted. Mr.
Chambliss requested that the County adopt the agreement with the City
of Roanoke being named as fiscal agent so that the funds may be
distributed. There was no discussion.
Supervisor
Minnix to approve
the request.
The motionll
l
~
II
II
.~
August 22, 1995
597
carried by the following recorded vote:
AYES:
NAYS:
ABSENT:
IN RE:
Supervisors Johnson, Kohinke, Nickens, Minnix
None
Supervisor Eddy
REQUEST FOR PUBLIC HEARING AND FIRST READING OF REZONING
ORDINANCES - CONSENT AGENDA
Item 2 removed, and set the second readings and public hearings for
Supervisor Kohinke moved to approve the first readings with
September 26, 1995.
vote:
AYES:
NAYS:
ABSENT:
The motion carried by the following recorded
Supervisors Johnson, KOhinke, Nickens, Minnix
None
Supervisor Eddy
~ Ordinance authorizinq a Special Use Permit to expand an
existinq church to increase the sanctuary and class
rooms, located at 4505 Hazel Drive, Cave Sprinq
Maqisterial District, upon the petition of Cave Sprinq
United Methodist Church.
2. Ordinance authorizing a Opecial Doc rcrmit to al10u an
acce330ry apartment, located at 5757 Grandin Road
Exten3ion, Wind30r nil13 Uagi3terial Diotrict, upon the
petition of Jane Allioon ra~ccr.
~
Ordinance to rezone approximatelY 1 acre from R-2 to C-
1 to adiust the zoninq boundary to conform to the east
property line, located on the east side of Starkey Road
adiacent to Huntinq Hills Country Club, Cave Sprinq
Magisterial District, upon the peti tion of the
Industrial Development Authority of Roanoke County (Old
Heritaqe).
~
Ordinance to rezone 22.59 acres from I-1C and C-1 to C-
2 to increase commerciallY zoned frontaqe, located on
~
,..
598
August 22, 1995
þ
h
h
h
IN RE:
the southeast side of Route 460 at the intersection
with Carson Road, Hollins Maqisterial District, u~on
the petition of the Industrial Development Authority
(F&W) .
Ordinance to rezone a 2 acre portion of a 174.56 acre
parcel from R-1 to I-2 to include this property within
the industrial ~ark boundaries, located on the north
side of Valley TechPark, ad;acent to entrance road and
Route 11/460, Catawba Maqisteria1 District, upon the
peti tion of the Industrial Development Authority of
Roanoke County.
j
Ordinance to rezone a portion of a 34.04 acre parcel
from C-1 to I-2 to include this property wi thin the
industrial zoninq area for excansion of valley
TechPark, located on the north side of Valley TechPark
between the southern property line and Hope Branch
Creek, Catawba Maqisterial District, upon the petition
of the Industrial Development Authority of Roanoke
County (Helen Cox Richards). I
ordinance to amend the floodplain provisions and maps
of the Roanoke county Zoninq Ordinance to conform with
FEMA requirements, upon the petition of the Roanoke
County Planninq commission.
\
.,
FIRST READING OF ORDINANCES
~ Ordinance dec1arinq several parcels of real estate to
be surplus and acceptinq offers for the sale of same,
namely the Wheeler well lot.
(Paul Mahoney, County
Attorney)
Mr. Mahoney advised that this was the first reading of an
ordinance to sell the Wheeler surplus well lot and that following
terms, and
procedures already established, the identity of the offeror, amount,
reading.
l
conditions will be kept confidential until the second II
~
II
II
._~
August 22, 1995
599
There was no discussion and no citizens were present to
speak on this issue.
Supervisor Nickens moved to approve the first reading and
set the second reading for September 12, 1995. The motion carried by
the following recorded vote:
AYES: Supervisors Johnson, KOhinke, Nickens, Minnix
NAYS: None
ABSENT: Supervisor Eddy
~ Ordinance authorizinq the vacation of a 12-foot
sanitary sewer line easement located at 5210 Sprinqlawn
Avenue. (Gary Robertson, utility Director)
Mr. Bob Benninger, Assistant utility Director, advised that
David N. and Tamera L. Monroe are requesting vacation of this sanitary
sewer easement so that they can build a garage in their back yard in
the area now occupied by the easement.
There was no discussion and no citizens were present to
speak on this issue.
Supervisor Nickens moved to approve the first reading and
set the second reading for September 12, 1995. The motion carried by
the following recorded vote:
AYES: Supervisors Johnson, Kohinke, Nickens, Minnix
NAYS: None
ABSENT: Supervisor Eddy
~
,..
600
August 22, 1995
þ
~ Ordinance authorizina conveyance of an easement to
Appalachian Power Company for electric service across
Vinyard Park II.
(Paul Mahonev, county Attornev)
Mr. Mahoney advised that this is the first reading of an
ordinance to authorize donation of an easement to Appalachian Power
Company for an overhead electric service line across Vinyard Park II
to provide service to the irrigation system for Vinyard II Soccer
Complex.
There was no discussion and no citizens were present to
speak on this issue.
Supervisor Johnson moved to approve
the first reading and II
The motion carried by
set the second reading for September 12, 1995.
the following recorded vote:
AYES:
Supervisors Johnson, Kohinke, Nickens, Minnix
NAYS:
None
ABSENT:
supervisor Eddy
Supervisor Nickens suggested that if there is a transfer or
boundary adjustment, consideration should be given to taking this
property into the County.
~ Ordinance authorizinq transfer of cable television
franchise
from Booth American Company to Booth
Communications of Virqinia. Inc.
(Paul Mahonev, county
franchise granted to II
Attorney)
Mr. Mahoney advised that the original
~
~
I
I
.~
August 22, 1995
w
Boothe American Company d/b/a Salem Cable TV required that the Board
of Supervisors consent to any transfer of the franchise, and that
Booth American Company has requested the approval of this transfer to
Booth Communications of Virginia, Inc.
There was no discussion and no citizens ýlere present to
speak on this issue.
Supervisor Johnson moved to approve the first reading and
set the second reading for September 12, 1995. The motion carried by
the following recorded vote:
AYES: Supervisors Johnson, Kohinke, Nickens, Minnix
NAYS: None
ABSENT: Supervisor Eddy
IN RE:
SECOND READING OF ORDINANCES
~ Ordinance authorizinq the release and reconveyance of
utility easements (South Loop Water Transmission Line)
to James W. and Mary A. McAden, c. John and Jane P.
Renick, Allen R. Jr. and Jane C. Bryant, Roman F. and
Polly Kanode, Bennie L. and Jean P. Wertz, Wanda M.
Kettleson, PhYllis A. Secrest, NormaJ. siqmon. (Gary
Robertson, utility Director)
0-82295-5
During the construction of the South Loop Transmission Line,
staff encountered eight instances where the location of the line was
adjusted after the original easement was recorded. These property
~
,..
602
August 22, 1995
þ
owners have granted Roanoke County new easements for the actual
location of the water line, and as a condition of granting the new
easements, they have requested that the original easements be
returned.
There was no discussion, and no citizens were present to
speak on this issue.
Supervisor Johnson moved to adopt the ordinance. The motion
carried by the following recorded vote:
AYES:
Supervisors Johnson, Kohinke, Nickens, Minnix
NAYS:
None
ABSENT:
Supervisor Eddy
ORDINANCE 82295-5 AUTHORIZING THE RELEASE AND RECONVEYANCE II
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, ROMAN F. AND POLLY S.
KANODE, BENNIE L. AND JEAN P. WERTZ, WANDA M. KETTLESON,
PHYLLIS A. SECREST, NORMA J. SIGMON
WHEREAS, section 18.04 of the Roanoke County Charter
provides that the conveyance of any interests in real estate of the
County be accomplished by ordinance; and,
WHEREAS, the first reading of this ordinance was held on
July 25, 1995, and the second reading of this o~dinance was held on
August 22, 1995; and,
WHEREAS, certain utility (water, or water and sewer line)
easements were previously conveyed to the County by several property
owners (grantors). These easements were subsequently relocated, due II
to the realignment of the water transmission line. New easements were
~
~
I
II
--~
August 22, 1995
6ro
conveyed to the County, and said owners have requested that the County
release and reconvey the original easements back to them; and,
WHEREAS, the County having paid a fair market value for
these easements, no further payment of consideration is necessary for
these transactions; and,
WHEREAS, in accordance with the provisions of section 16.01
of the Roanoke County charter, these easements are hereby declared to
be surplus, and are no longer necessary for any other public purposes,
and are made available for release and reconveyance back to the
original grantors
BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That the release and reconveyance of the following
utility easements to the hereinafter-named parties is hereby
authorized and approved:
66.04-1-12.2
James W. and Mary A. McCaden
DB 1437 PG 294
66.04-1-13
C. John and Jane P. Renick DB 1411 PG 28
*(Betram & Clarene P. Spetzler)
Allen R. Jr. and Jane C. Bryant DB 1465 PG 1l09-
74.00-1-25
74.00-1-30 & 31
Roman F. and Polly S. Kanode DB 1436 PG 134
Bennie L. and Jean P. Wertz DB 1418 PG 1713
Wanda M. Kettleson DB 1438 PG 514
Phyllis A. Secrest DB 1436 PG 1334
DB 1436 PG 1963
Norman J. Sigmon DB 1395 PG 1349
* (Strauss Construction Corp.)
76.03-7-5.1
76.03-3-75
76.03-3-76 & 83
96.02-1-45
*() Represents present property owner.
~
,..
604
August 22, 1995
þ
2. That the County Administrator is hereby authorized to
take such actions and execute such documents as may be required to
accomplish the purposes of this transaction, all upon form approved by
the County Attorney.
3. That this ordinance shall take effect from and after
the date of its adoption.
On motion of Supervisor Johnson to adopt the ordinance, and
carried by the following recorded vote:
AYES:
Supervisors Johnson, Kohinke, Nickens, Minnix
NAYS:
None
ABSENT:
Supervisor Eddy
II
~ Ordinance dec1arinq several parcels of real estate to
be surplus and accepting offers for the sale of same:
name1v Ar1inqton Forest well lot and Cherokee Hills #2
well lot. (Paul Mahonev, County Attornev)
0-82295-6
Mr. Mahoney recommended that the Board declare the Arlington
Forest well lot and Che~okee Hills #2 well lot as surplus real estate
and accept the offers from Allan Shelor of $15,400 for the Arlington
Forest well lot and $14,755 for the Cherokee Hill #2 well lot.
There· was no discussion and no citizens were present to
speak on this issue.
Supervisor Johnson moved to adopt the ordinance. The motion II
by the following recorded vote:
carried
l
~
I
I
.~
August 22, 1995
6D5
AYES:
Supervisors Johnson, Kohinke, Nickens, Minnix
NAYS:
None
ABSENT:
Supervisor Eddy
ORDINANCE 82295-6 DECLARING SEVERAL PARCELS OF REAL ESTATE
TO BE SURPLUS AND ACCEPTING OFFERS FOR THE SALE OF SAME,
NAMELY ARLINGTON FOREST WELL LOT AND CHEROKEE HILLS 2 WELL
LOT
BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That pursuant to the provisions of Section 16.01 of the
Charter of Roanoke County, the subj ect properties, having been made
available for other public uses before permitting disposition by sale,
are hereby declared to be surplus.
2. That an advertisement for bids for the sale of surplus
real estate was advertised in the Roanoke Times & World News on April
9,1995.
3. That pursuant to the provisions of Section 18.04 of the
Charter of Roanoke County, a first reading of this ordinance was held
on July 11, 1995; and a second reading was held on August 22, 1995,
concerning the disposition of the following parcels of real estate
identified as follows:
Arlington Forest
Tax Map Parcel No. 86.16-5-13
Cherokee Hills 2
Tax Map Parcel No. 54.04-6-37
4. That an offer for said property having been received,
the offer of Allan Shelor to purchase the Ar1inqton Forest Well Lot
(Tax Map No. 86.16-5-13) for the sum of Fifteen Thousand Four Hundred
~
,..
606
August 22, 1995
þ
Dollars ($15,400) is hereby accepted.
5. That an offer for said property having been received,
the offer of Allan Shelor to purchase the Cherokee Hills 2 Well Lot
(Tax Map No. 54.04-6-37) for the sum of Fourteen Thousand Seven
Hundred Fiftv-five Dollars ($14,755) is hereby accepted.
6. That the purchase price for the property shall be paid
upon delivery of a deed therefor and all proceeds from the sale of
this real estate are to be paid into the capital improvements fund.
7. That the County Administrator is hereby authorized to
execute such documents and take such actions on behalf of Roanoke
County as are necessary to accomplish the sale of said property,
of which shall be on form approved by the County Attorney.
aU I
8. That this ordinance shall be effective on and from the
date of its adoption.
On motion of Supervisor Johnson to adopt the ordinance, and
carried by the following recorded vote:
AYES:
NAYS:
ABSENT:
supervisors Johnson, Kohinke, Nickens, Minnix
None
Supervisor Eddy
IN RE:
APPOINTMENTS
Å Grievance Panel
to determine his willingness to serve another term.
Supervisor Nickens advised that he will contact Cecil Hill
II
Urban Partnership
~
l
~
I
I
-~
August 22, 1995
607
Mr. Hodge advised that the Board could submit additional
nominees to the current list and that these nominations should be made
as early as possible.
IN RE:
CONSENT AGENDA
R-82295-7, R-82295-7.;
Supervisor Minnix advised that several citizens have
requested that the Board waive the 2% fee for schools raffles, and
asked that it be discussed at a later time.
Supervisor Kohinke moved to adopt the Consent Resolution.
The motion carried by the following recorded vote:
AYES:
Supervisors Johnson, Kohinke, Nickens, Minnix
NAYS:
None
ABSENT:
Supervisor Eddy
RESOLUTION 82295-7 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 August 22, 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 17,
inclusive, as follows:
1. Approval of Minutes for June 27,
July 11, 1995, and July 25, 1995.
1995, July 5, 1995,
~
,..
608
August 22, 1995
þ
l
2.
Confirmation of appointment
Corrections Resources Board.
the
Community
to
3. Request for approval of a raffle permit and one-time
bingo game from the Penn Forest Elementary School
P.T.A.
4. Appropriation of additional funding from the state
Compensation Board for the Treasurer's Office.
5. Acceptance of water and sanitary sewer facilities
serving Fralin and Waldron, Office Park, Building "F".
6. Acceptance of water and sanitary sewer facilities
serving Summerfield, Section 1.
7. Acceptance of water and sanitary sewer facilities
serving Campbell Hills, section 2.
8.
Acceptance of water and sanitary sewer facilities
serving Peters Creek Apartments.
I
9.
Request from the School Board for appropriation of
$15,000 grant from the Virginia Department of Education
to the School Grant Fund.
10. Request from the School Board for appropriation of
$16,200 grant from the National Science Foundation to
the School Grant Fund.
11. Request for acceptance of Rubley Lane into the Virginia
Department of Transportation secondary System.
12. Request for approval of a Raffle Permit from the Cave
Spring Elementary School PTA.
13. Donation of a drainage easement on Lot 22, Section 2,
Summerfield from Jerome Daniels and Linda Garrett
Daniels.
14. Donation of a 20 foot water line easement to the Board
of Supervisors from S & A Properties Corporation.
15. Donation of a drainage easement on property of John J.
Kaczmarek and Rita E. Kaczmarek on Rome Drive.
16. Approval of donation of 36 Motorola 1971 low-band I
radios to Henry County Fire and Rescue Department.
~
I
I
.~
August 22, 1995
600
17. Approval of donation of surplus personal computers for
parts to the Safety Council.
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 Kohinke to adopt the Consent
Resolution, and carried by the following recorded vote:
AYES:
Supervisors Johnson, Kohinke, Nickens, Minnix
NAYS:
None
ABSENT:
Supervisor Eddy
RESOLUTION 82295-7. j REQUESTING ACCEPTANCE OF RUBLEY LANE
INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY
SYSTEM.
WHEREAS, the street 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 street described on
the attached Addition 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.
~
,..
610
August 22, 1995
þ
Recorded Vote
Moved By: Supervisor Kohinke
Seconded By: None Reauired
Yeas: supervisors Johnson, Kohinke, Nickèns, Minnix
Nays: None
Absent: Supervisor Eddy
IN RE:
REPORTS AND INQUIRIES OF BOARD MEMBERS
supervisor Nickens:
(1) He received Board consensus for the
staff to draft a communication to be sent to the legislativè
delegation in opposition to the proposed legislation to preempt local
government authority over the siting of cellular towers.
supervisor Johnson:
( 1)
He advised that Roanoke City
II
Manager Bob Herbert has resigned from the Roanoke Regional Airport
Commission and that Jay Turner has been appointed from Roanoke City.
(2) He advised that he was ready to move forward with the stormwater
detention ordinance which was recently drafted by Mr. Mahoney. It
was the consensus of the Board that the issue be brought forward and
that the first reading of the ordinance will be held on September 26,
1995.
(4) He advised that he felt that there should be a better
response to citizens concerning Virginia Department of Transportation
problems and received Board consensus for the staff to look at
alternative possibilities.
Supervisor Kohinke advised that he would
like to see what would be involved in the alternative of the County
assuming VDOT's responsibilities. Supervisor Nickens advised that he
felt that taking over VDOT's responsibilities would place an
II
l
~
I
II
-~
August 22, 1995
611
additional burden on the local taxpayers and suggested looking at the
alternative of mowing through the Parks & Recreation Department or the
Sheriff's Office.
Supervisor Minnix:
(1) He advised that he has received many
letters concerning the change from quarterly utility bills to monthly
bills and gave several reasons why the change was made.
He advised
that he will ask the Board in the future for their opinion on whether
or not citizens should be able to pay their bill quarterly.
( 2 ) He
agreed that there should be local zoning authority for citing towers
but felt that some method to compensate the property owners such as
reduced taxes should be considered.
IN RE:
,
REPORTS
Supervisor Nickens moved to receive and file the following
reports. The motion carried by a unanimous voice vote with Supervisor
Eddy absent.
~ General Fund unappropriated Balance
~ Capital Fund Unappropriated Balance
~ Board Continqencv Fund
~ Accounts Paid - June 1995, Julv 1995
h Proclamations siqned bv the Chairman
h Bond Pro;ect Status Re~ort
~ Report on the Exchanqe Proqram with Opole, Poland
h
Update on the Williamson Road Community Desiqn Master
Plan Process.
~
,..
612
August 22, 1995
þ
IN RE:
JOINT MEETING WITH VINTON
It was the consensus of the Board that the j oint meeting
with vinton Town council be set for September 26, 1995, at 12:30 p.m.
at the Roanoke County Administration Center.
IN RE:
EXECUTIVE SESSION
At 4:20 p.m., supervisor Johnson moved to go into Executive
Session pursuant to the Code of Virginia section 2.1-344 A (3)
Discussion of sale of real property for public purpose; (7)
Consultation with legal counsel pertaining to actual litigation
(Condemnation proceedings against Guenther Gass); and (1) evaluation
of personnel. The motion carried by the following recorded vote:
AYES: Supervisors Johnson, KOhinke, Nickens, Minnix
NAYS: None
ABSENT: Supervisor Eddy
II
IN RE: CERTIFICATION OF EXECUTIVE SESSION
R-82295-8
Supervisor Johnson moved to adopt the certification
Resolution at 4:55 p.m. and return to open session at 7:00 p.m. The
motion carried by the following recorded vote:
AYES: Supervisors Johnson, KOhinke, Nickens, Minnix
NAYS: None
ABSENT: Supervisor Eddy
II
l
~
I
II
.~
August 22, 1995
w
RESOLUTION 82295-8 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 identified in
the motion convening the executive meeting were heard, discussed or
considered by the Board of Supervisors of Roanoke County, Virginia. On
motion of Supervisor Johnson to adopt the certification Resolution,
and carried by the following recorded vote:
AYES:
Supervisors Johnson, Kohinke, Nickens, Minnix
NAYS:
None
ABSENT:
Supervisor Eddy
~
,..'
614
August 22, 1995
þ
IN RE:
PUBLIC HEARING AND SECOND READING OF ORDINANCES
~ Ordinance authorizinq a Special Use Permit to operate a
private kennel located at 5502 South Roselawn Road,
windsor Hills Maqisteria1 District, u~on the petition
of Helene Mawver. (Terry Harrinqton, Director of
Planning & Zoninq) (CONTINUED TO SEPTEMBER 26, 1995 AT
THE REQUEST OF THE PETITIONER)-
Chairman Minnix announced that this item had been continued
to September 26, 1995, at the request of the petitioner.
~ Ordinance authorizinq a Special Use Permit to operate a
convenience store and qasoline outlet, located at the
corner of Plantation and Hershberqer Roads, Hollins
Maqisteria1 District, upon the petition of Workman oil
Co. (Jon Hartley, Assistant Director of Planninq &
Zoninq)
Mr. Hartley advised that Workman oil Co. has requested a
special use permit to convert the existing service station at the
intersection of Plantation and Hershberger Roads to a convenience
store with gasoline and deli outlets. The property is presently zoned
C-2 which allows gas stations but a special use permit is needed for
the convenience store. The petitioner was granted a variance for two
entrances on Plantation Road from the Board of Zoning Appeals on July
19, 1995. He advised that staff is concerned about the traffic issues
because this conversion will double the traffic at the site, and the
I
II
l
~
I
II
-_.~
August 22, 1995
615
left turning traffic will increase hazardous conditions and reduce the
traffic flow at an already congested intersection. staff is also
concerned about the effect of this proj ect on Edinburgh Square, a
senior housing complex located behind the property.
Mr. Hartley advised that the Planning Commission recommended
approval with three conditions which were offered to minimize the
effect of the project on Edinburgh Square. These conditions included:
(1) the existing row of pine trees along the western property will be
retained and supplemented as necessary to maintain an effective
screening of adjoining property; (2) light fixture height will not
exceed 15 feet and will be directed downward to minimize glare; and
(3) the area behind the new structure shall be landscaped so as to
screen the rear area of the building.
Frank Caldwell, and Don Baker, representing Workman oil Co.,
responded to questions concerning the need for the two entrances, the
existing and proposed traffic patterns, the incrèased traffic
concerns, and advised that they felt the concerns of Edinburgh Square
had been resolved.
Supervisor Johnson advised that Roanoke County is spending
over a million dollars in improvements to Plantation Road to add an
additional lane for the installation of a stop light to improve the
traffic at this intersection and handle the traffic from Hanover
Direct. He felt that approving this proj ect will cause additional
traffic concerns and suggested that the petitioner, planning staff,
VDOT and/or Planning Commission seek ways to coordinate this project
~
,..
6I6
August 22, 1995
þ
with the improvements that Roanoke County is making in that area.
After discussion, Supervisor Johnson moved to refer the item
back to the Planning Commission for reconsideration. In response to
an inquiry, Mr. Mahoney advised that referring the matter back to the
Planning Commission will mean a significant delay because two more
public hearings will be necessary. Mr. Caldwell advised that this
project has been on-going for three months and the petitioner would
like to avoid additional delays. He suggested that a meeting be held
with the appropriate officials and that the matter be brought back to
the Board at the next meeting. supervisor Johnson withdrew the
motion. There was no vote.
Supervisor Johnson moved to continue the public hearing, and
refer the issue back to staff to be brought back on September 26,
1995. The motion carried by the following recorded vote:
AYES: Supervisors Johnson, Kohinke, Nickens, Minnix
NAYS: None
ABSENT: Supervisor Eddy
I
IN RE: PUBLIC HEARING WITHDRAWN
Chairman Minnix announced that the following public hearing
and second reading had been withdrawn at the request of the
petitioner.
Ordinance authorizinq a special Use Permit to construct
a reliqious assembly facility, located at Red Lane II
Extension and 1-81, Catawba Maqisterial District, upon
l
~
August 22, 1995
~
617
I
I
the petition· of Huqhes Associates/West Salem Baptist
Church.
IN RE:
ADJOURNMENT
At 7: 40 p.m., supervisor Johnson moved to adjourn. The
motion carried by a unanimous voice vote with supervisor Eddy absent.
Submitted by,
Approved by,
~Q.~
Brenda J. Holton
Deputy Clerk
_._._._-----_._-----~------_.--- -
.....
,..
618
August 22, 1995
þ
This page left blank intentionally.
II
II
~