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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the following: (1) first reading of ordinance requesting a special use permit for an accessory apartment has been withdrawn because the variance was denied by the Board of Zoning Appeals; (2) public hearing and request for special use permit for private kennel has been continued at the request of request for special use permit on Red Lane has been withdrawn at thel and the petitioner until september 26, 1995; and (3) public hearing request of the petitioner.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 ~