HomeMy WebLinkAbout7/26/1994 - Regular
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July 26, 1994
519
Roanoke County Board of Supervisors
Roanoke County Administration Center
5204 Bernard Drive
Roanoke, Virginia 24018
July 26, 1994
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, 1994.
IN RE:
CALL TO ORDER
Chairman Eddy called the meeting to order at 3:06 p.m. The
roll call was taken.
MEMBERS PRESENT:
Chairman Lee B. Eddy, Vice Chairman Edward G.
Kohinke, Sr., Supervisors Bob L. Johnson, Harry C.
Nickens (Arrived 3:16 p.m.)
MEMBERS ABSENT:
H. Odell "Fuzzy" Minnix
STAFF PRESENT:
Elmer C. Hodge, County Administrator; Paul M.
Mahoney, County Attorney; Brenda J. Holton, Deputy
Clerk, Clerk; John M. Chambliss, Assistant County
Administrator; Anne Marie Green, Director,
Community Relations
IN RE:
OPENING CEREMONIES
The invocation was given by the John M. Chambliss, Jr.,
Assistant County Administrator. The Pledge of Allegiance was recited
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July 26, 1994
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by all present.
IN RE:
REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF AGENDA
ITEMS
Mr. Mahoney deleted Executive Session item -(3) To consider
the acquisi tion of real property for the Water Transmission Line
Project.
IN RE:
PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND AWARDS
h Resolution of Conqratulations to Glenvar Hiqh School
for Winninq the Fifth Annual
Central
Fidelitv
CU~I
Athletic competition.
R-72694-1
Chairman Eddy presented the resolution to Roger Martin,
Glenvar High School Assistant Principal and Athletic Director: and to
the coaches of the state championship teams:
Larry Wood, Baseball:
Art Lawrence, Tennis; and Bo Hagen, Golf.
Supervisor Kohinke moved to adopt the resolution. The
motion carried by the following recorded vote:
AYES:
Supervisors Johnson, Kohinke, Eddy
NAYS:
None
ABSENT:
Supervisors Nickens, Minnix
RESOLUTION 72694-1 OF CONGRATULATIONS TO GLENVAR HIGH SCHOOL1
FOR WINNING THE FIFTH ANNUAL CENTRAL FIDELITY CUP ATHLETIC
COMPETITION
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WHEREAS, team sports are an important part of the
educational programs in Roanoke County Schools, helping to produce
well-rounded students and teaching skills useful throughout a
lifetime; and
WHEREAS, Glenvar High School was recently recognized by the
Virginia High School League as the Group A School with the best
overall performance in state-level athletic programs: and
WHEREAS, Glenvar High School was awarded the fifth annual
Central Fidelity Cup in recognition of the outstanding athletic
ability of the students of the school; and
WHEREAS, Glenvar High School is the first school in the
Roanoke Valley to receive the Central Fidelity Cup; and
WHEREAS, this award represents a significant achievement, as
it symbolizes a commitment to excellence in a variety of sports, and
memorializes the nine Pioneer District Championships; the Region C
Championships in Baseball, Tennis, Golf and Softball; and the State
Championships in Baseball, Tennis and Golf, won by the Highlanders
during the 1993-94 School year.
NOW, THEREFORE, BE IT RESOLVED, that the Board of
Supervisors of Roanoke County, Virginia, does hereby extend its
sincere congratulations to the STUDENTS AND STAFF OF GLENVAR HIGH
SCHOOL for their outstanding performance in athletic competition and
for receiving the fifth annual Central Fidelity Cup.
On motion of Supervisor Kohinke to adopt the Resolution, and
carried by the following recorded vote:
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522 July 26, 1994 ~
AYES: Supervisors Johnson, KOhinke, Eddy
NAYS: None
ABSENT: Supervisors Nickens, Minnix
~ Resolution Declarinq the Weekend of Julv 30 - 31. 1994
as "The Battle of South Salem".
R-72694-2
Chairman Eddy presented the resolution to Jim Tate,
representing the Union,
and vic Middlekoff,
representing the
Confederacy.
Supervisor Kohinke moved to adopt the resolution. The
AYES:
Supervisors Johnson, Kohinke, Nickens, Eddy
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motion carried by the following recorded vote:
NAYS:
None
ABSENT:
Supervisor Minnix
RESOLUTION 72694-2 DECLARING THE WEEKEND OF JULY 30 - 31,
1994, AS "THE BATTLE.OF SOUTH SALEM"
WHEREAS, on June 21, 1864, Confederate forces, under the
leadership of Major General Jubal Early, and Union forces, under the
leadership of Maj or General David Hunter, engaged in a battle at
Hanging Rock, near the present intersection of Routes 311 and 419 in
Roanoke County; and
WHEREAS, prior to that battle, there was a skirmish near the
confluence of Peter's Creek and the Roanoke River, also in Roanoke I
County, known as Hunter's Raid or the South Salem Engagement: and
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WHEREAS, both events were important to the course of the
civil War in Southwest Virginia: and
WHEREAS on the weekend of July 30 - 31st, 1994, there will
be a re-enactment of the Battle of South Salem at Green Hill Park in
Roanoke County: and
WHEREAS, the event draws a crowd of between 5,000 and 6,000
spectators and 500 re-enactors, and contributes to the tourism efforts
of the Roanoke Valley.
NOW, THEREFORE ,
BE IT RESOLVED,
that the Board of,
Supervisors . of Roanoke County, Virginia, does hereby declare the
weekend of July 30 - 31st, 1994, as "THE BATTLE OF SOUTH SALEM", and
extends its best wishes for an authentic and successful re-enactment
of the event.
On motion of Supervisor Kohinke to adopt the Resolution, and
carried by the following recorded vote:
AYES:
Supervisors Johnson, KOhinke, Nickens, Eddy
NAYS:
None
ABSENT:
Supervisor Minnix
h
Recoqnition
Receiving
of
Melinda
Rector
for
Certification as Professional Secretary.
Ms. Rector was present to receive her certificate from
Chairman Eddy.
IN RE:
BRIEFING
h Briefinq
and Video on storm Restoration Efforts by
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July 26, 1994
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(Tobie Eaton. Roanoke
A~palachian Power Company.
Division Manaqer. APCO)
Mr. Eaton briefed the Board on the efforts that have been
made by Appalachian Power Company to restore power in the event of bad
weather. The video made by APCO entitled "What Goes On When the Power
Goes Off" was shown, and a copy was presented to the Board.
IN RE:
NEW BUSINESS
h Request for Approval of Pro;ects to the Drainaqe
Maintenance priority List.
(Arnold Covey. Director of
Engineerinq & Inspections)
A-72694-3 . I
Mr. Covey requested that the Board approve adding Projects
159 through 186 to the Drainage Mainter.ance priority List for FY
94/95. These projects are estimated to cost $149,000 and funds are
included in the budget. He advised that 84% of the projects already
approved, P-74 through P-159, have been completed and that funding is
,
available for projects remaining on the priority list from the
previous fiscal year.
After discussion, Supervisor Nickens moved to approve the
request to add the drainage proj ects.
The motion carried by the
following recorded vote:
AYES:
Supervisors Johnson, Kohinke, Nickens, Eddy
NAYS:
None
ABSENT:
Supervisor Minnix
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IN RE:
REQUEST FOR PUBLIC HEARING AND FIRST READING OF REZONING
ORDINANCES - CONSENT AGENDA
Supervisor Johnson moved to approve the first reading of
Ordinances #1 and #3, and set the second readings and public hearings
for August 23, 1994.
The motion carried by the following recorded
vote:
AYES:
Supervisors Johnson, Kohinke, Nickens, Eddy
NAYS:
None
ABSENT:
Supervisor Minnix
Supervisor Nickens moved to approve the first reading of
I Ordinance #2, and set the second reading and public hearing for August
23, 1994. The motion carried by the following recorded vote:
AYES: Supervisors KOhinke, Nickens, Eddy
NAYS: None
ABSTAIN: Supervisor Johnson
ABSENT: Supervisor Minnix
h An ordinance to Rezone 2.0 Acres from I-2 to C-2 to
Operate a Garden Center Located at 4925 Starkey Road.
Cave Sprinq Maqisterial District. Upon the Petition of
John A. Hall.
~ An Ordinance Authorizina a Special Use Permit to
Construct a Fast Food Restaurant at the Intersection of
Brambleton Avenue and Westmoreland Drive. Cave Spring
Maqisterial District. Upon the Petition of Tacoma. Inc.
h
An Ordinance to Amend the Text of the Roanoke County
Zoninq Ordinance to Allow Replacement OnlY of
IndividuallY sited Sinqle Wide Manufactured (Mobile)
Homes Throuqhout Roanoke County with a Newer Sinqle
Wide Mobile Home. .
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July 26, 1994
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IN RE:
SECOND READING OF ORDINANCES
h Ordinance Amendinq and Reenactinq ce.rtain sections of
Chapter 20, Solid Waste. pertaininq to Expanded
Definitions.
specific and Supplemental Collection
Cateqories and Services. Bulk and Brush Collection. and
Effective Date. (Gardner smith. Director of General
services)
0-72694-4
Mr. Mahoney advised that several changes were made to
simplify and clarify many of the provisions of the ordinance as
directed by the Board after the first reading of the ordinance. Nonell
of these changes were substantial. He also reported that the
expiration date had been removed since the Board directed that the
changes be reviewed in six months from the effective date of september
1, 1994.
Supervisor Nickens moved to adopt the ordinance. The motion
carried by the following recorded vote:
AYES:
Supervisors Johnson, Kohinke, Nickens, Eddy
NAYS:
None
ABSENT:
Supervisor Minnix
ORDINANCE 72694-4 AMENDING AND REENACTING CERTAIN SEcnONS OF
0iAPTER. 20. SOUD WASTE PERTAINING TO EXPANDED DEFINITIONS,
SPECIFIC AND SUPPLEMENTAL COIl.EcnON CATEGORIES AND SERVICES.
BULK AND BRUSH COIJ.EcnON, AND EFFECTIVE AND EXPIRATION DATES
WHEREAS, the Board of Supervisors of Roanoke County, Virginia, has determined that the I
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provisions of Chapter 20. Solid Waste of the Roanoke County Code are in need of amendment in order to address
the increasing demands and need for services by the citizens of Roanoke County; and
WHEREAS, the Board of Supervisors of Roanoke County, Virginia, at a work session held on
June 28, 1994, directed that this ordinance shall be adopted and implemented; and
WHEREAS, the first reading was held on July 12, 1994; the second reading was held on July 26,
1994.
NOW, TIŒREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia,
as follows:
1. That certain sections of Chapter 20. "Solid Waste" be amended to read and provide as
follows:
SOUD WASTE
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ARTICLE 1. IN GENERAL
Sec. 20-1.
Definitions.
The following words and terms, as used in this chapter, shall have the meanings ascribed to
them in this section:
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July 26, 1994
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S9lià 'waste means garbage, mèhis9, tin EaBS, tr:uh af ether salià waste S\:lbstanEes er materials.
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Set. 20 2. Rates and æ:arges fer use of toYDty landfill.
The rate€ anè. charges fer the \:I.se ef any landfill er ether selid waste disposal ar~a eWßed,
centrelled er eperated by the ce\:l.nty shall be S\:I.CR as are prescribed by the beard ef ntper\q€er-s.
ARTICLE II. COILECTION BY COUNTY
Sec. 20-21. Article not applicable to Town of Vinton
This article shall not apply to residents or commercial or industrial establishments of the Town
of Vinton, Virginia, an incorporated town lying within the boundaries of the county, since the council for the
town has provided for solid waste collection for the residents of the town.
(Code 1971, 14-7)
Sec. 20-22. Responsibility of county administrator under article.
The administration of this article, including the establishment of a budget for p:oviding effective
solid waste collection service; the hiring of all employees necessary for providing such service; the billing of
persons receiving such service; all other matters related thereto shall be the responsibility of the county
administrator, provided that all matters pertaining to the establishment of an annual budget and the
establishment of collection rates and charges shall be approved by the board of supervisors.
(Code 1971, 14-5)
Sec. 20-23. Right to and application for, service.
All county citizens, including businesses, fIrms and corporations located in the county shall be
entitled to receive solid waste collection service consistent with the provisions of this article, subject to the
determination of the county administrator regarding economic feasibility of providing such service to any
particular location. Any person desiring such service shall make application through the office of General
Services. Payment, if required, for one-quarter year's service shall be made in advance at the time of application.
Sec. 20 2~.
Rates and cRarges.
(4) DefInitiens.
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July 26, 1994
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ßack¥ard semce will be provided to l!\ialifYing dÜ;ableè, handicapped, or elderly eitizeRs.
Commereial. b\isiness. aÐartment. mobile hom~ Ðarks. and institu.tional semce sRall Be by
application only.
Cyrbside shall be def.ineà as the poÍBt at 'Nhich a lot adjoins a road.
Disabled: E\'eryeRe residing ÍB the smactlare must bedigabledor Raadicapped aad \Ulable to
carry refuse to the cyrbside. Disabilities or handieaps mOist be certified by a phy£h:ian. Q\ialified applicaats myst
make their OWR arr:mgemeBts to ha',Te ~' materiab:that are Rot part of their regülar BO\iseRolà refuse placed at
the c\irb for collectioIl.
Premitam refuse collection semce shall inc1\iàe cellectioFl ef trash or refuse that is Ret Rermal
he\isebeld garbage, S\iCR as. g¡:ass, le:Vles, :mà other materials that can be c9Fltainerized :md weigh fi£Iy (SO)
pe\U1ds er less at the resiàeFlts' backyarà.
ResiElential C\istemers shall ind\ise single family, d\iplexes, and single let mebile hemes.
Read shall Be àefmeà as a passable street er rOalW,Tay serving three (d) er mere separate
resiàences or bysiFlesses.
(b) SÐeeific c9llectieR categeries. Specific cellectieFl categeries shall be a fellews:
RoaneKe CO\iFlty sball prov:iee once per week C\irbsiàe ser,,!ce te all resiàeRtial CY6temer-s in II
Re:meke Ce~
COMMERCIAL i\..f'@ ßUSIÞmSS r::USTOMERð, ¡\PARTMENTS, MOBILE HOME JlARIŒ, .\ÞID
IÞJSTITUTION.'\L:
Reanol"e C9\mty. shall prev'Ìee ence per week senqce te ,all liceRsee cemmereial eSta9lishmeRt£
geRerating Ret mere that ten (10) ,cans, thirty (dO) galloRs eacR ef refuse per \\reek. (TeFl (1~ Bag6 may be
sY-Ðstitu.teè.) Nl establishments geReratrng more than this aFfumnt will R:P.re the eptioR te pay a collec1ÍeR ehar-ge
as sRe'JÆ below, 9r seC\ire a prPlate coUectieR senqce:
11 lá caRS per vleek . . . . $ á.gO
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1é 20 CaBS per week. . . . 10.00
21 2S caRS per week. . . . lS.OO
2é JO cans per ",Teele. . . . 20.00
31 3S eaRS per ,,:eek . . . .2ã.OO
.'\U generaters ef e'1er thirty fpie (ðá) cans per ",Teek are Rot eligible for ce~ cellectieR ane
will be reEl\:lireà te sec\:lt'e pri·late ceUectieR.
NON COUÞITY PÆSIDEÞ-ITS:
applicalioa ....11
. Reaßeke Ce\iRt;' shall pre\qåe '.veel~y seI'íqee te ROFl ce\ffity residelHS \ipeR
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agreement te pay a cellectieR fee ef ten Qellars ($10.00) per meRth.
COÞIDOMIÞJIUMS MID TO~NÞJHOUSgS (fOR S.'\il!:):
Reaneke CeW1ty shall ~reviQe ence per week curbside er single lecatieB service 1:9 all
cenQeminium anQ tewilhe\:1se Q~~lepmeRts.
(c) Premium refuse eelleetien service. Premiwn refuse eeUeetieR service will he pre'.'-ÍQeå te all
resiQeRtial he\:1seRelàs eB an iRdMQual applicatieR hasi&. The charge fer premiYm refuse ceUecneH w4U he a
minÌmYm e£ eight Qellar" ($9.00) per meR.th anQ will inchule BaekyarQ service up te eRe R\ffiGred (10~ feet
fr~m the curBside pickYp lecatieR.
Cd) Afifiitienal Qistance chan~es fer Ðremium refuse cellectieR seniee. Fer eacR aQQitieHal eRe
hundreQ (100) f.eet er fractieR theree£ eyer the initial eRe l:nanQred (100) feet, an aQQitienal B'J'.e deUar ($3.00)
charge will Be maQe. Premham refuse cellectien charge per meRth is a- felleV.'& fer the distance iRd΀ated:
100 feet er less $ 9.0Q/æenth
101 200 feet n.O()/meath
201 JOO feet - ,19.00/meath
301 ~ 00 feet 2J.OO/menth
401 300 feet 29.00/meRth
501 900 feet JJ.OQ/menth
601 700 feet J9.0Q/menth-
701 two feet ~J.OQ/æenth
801 900 feet <t 9.00/menth
901 1,000 feet áJ.OO/meRtR
(fPJe Qellars ($3.00) fer each aQQitieFlal eRe ImnQreQ (100) feet)
(e) l'.-ÐÐlicatÜm char~e. An applicatieR charge iR the ameuRt e£ t~Nenty Qellar. ; ($20.0~ ¡¡RaD. ee
mafie in aEÞ.~Rce tegether with preper applicatien upeR ferms appreved BY the ceunty'.
CO Pavm.ent ef Ðremium refuse cellecheR eharS!es. The premiwn refuse cellectÍeR cRar.ges sRall
be paiQ in aEÞl~Rce en a '¥'1arterly hasis.
(g) Exceptiens te ehar~es fer elderh~. fii!:abled. er handieaÐÐeQ Ðersens. Ceæ:Ry reSieeHtB wAe
are eleerly, Qisablee, er Aandicappee anQ wRe are \Hlable (e c~· refuse, tr~SR, er g3fbage (e the c\Kbside aGQ
wne satisfy the ceunty regylatieFls :me pelieies ceFlceming same are eligible fer premiYm se:r\'-Íce at He cRar.ge.
(h) De'.~lel:mleRt ef regylatiens. The ceunty aemiFlistra(er er his desigaee is autb.emee t9
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July 26, 1994
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deTJelep and implement SYCR regulatieRs as may be necessary te aecem.plisR the pYi"peses ef this seerieR.
en EffeetiT.~ date. This sectien shall 'ee in full feree and e€fect £rem and after JYly 1, 19BB.
COrEl. ÞIe. ó2BBB U [1'.], §§ 1, 2, á 2B gg)
Sec. 20-24.
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Sec. 20-25. Supplemental collection service.
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Se£. JQ J(J. Cenain i"^~" exdu.ded fr~m nel1ll3l celled:ÏÐn.
The fallewing ')Jill net Bermally be collected. by ceunty selid. waste collection perseRllel:
(1)
(2)
(J)
(<1)
(5)
I (9)
(7)
ßyilàing mat~rials, stich as ltimber, r.gefmg sl:1il'lgles, trn ane tl:1e like.
l'..ppliances, syca as washiRg madlines, eryers, refrigerater-&, tele'.tÏsioR sets, aot water
tanks, steves ane the like.
Atitomotive parts, syca as tires, Batteries, BWBperS, feBeer-& aBe the like.
Tree stumps ane Branches exceeeing three (J) inches in eiameter.
lar-ge toys, syca as bicydes, s'lr.ng sets ane the like.
f\mlittlre, syca as bees, Beesprings, mattresses, cRaifs, tables ane the like.
'Afire, rolls Of 'Nire fencing, barbee wirE! ane the like.
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(8)
Dead animals.
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(9~ Any ether item deemed ynsafe WI' the ceYnty's m:mpewer Qr ef:lyipment, as aetenJimed
BY the sypermteRdeRt ef pyelic facilities.
It shall Be the respensieility ef the eVl'Ð.er ef items listed aBe'~ te preperly dispese ef them. in an
aytßeriiZed laRMyl er ether dispeul area lIDder sych regulatiens as apply te sych landf1l1 er area.
Sec. 2027. Special collem.9R of MEludeci itPTn¡:.
The ceUFlty will sem.iaRRyally pre·.'~de a pregr-aIB ef spedal eellec::tiens fer these materialt: Bet
nermally eQlleeted ey selid waste cQUeenen perseRBel, vÆieh pregr-am shall Be pyelidzed in aw.'3R€e; pre·.ided,
hQ·^,e>.'~r, that 1.æder RQ circumstances, will the ce\uit?' pick yf> dead animals er hazardeys materials.
2. Effective date. That the provisions of this ordinance shall be in full force and effect from
and after September 1, 1994.
On motion of Supervisor Nickens to adopt the ordinance, and carried by the following recorded
vote:
AYES:
Supervisors Johnson, Kohinke, Nickens, Eddy
AB$.ENT:
Supervisor Minnix
II
NAYS:
None
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IN RE:
APPOINTMENTS
~ community corrections Resources Board
supervisor Eddy directed the Clerk to contact the Community
Corrections Resources Board and ask for their recommendation for a
nominee to serve as an alternate member for a one-year term.
~ Hiqhway and Transportation Safety commission
Supervisor Eddy nominated Chief Bobby Fronk, from the Cave
Spring Rescue Squad, to serve a four-year term. His term will expire
June 30, 1998.
Supervisor Eddy reported that Chief Fronk was
recommended for this appointment by the Fire &
Rescue Chiefs' Board at II
their meeting on July 13, 1994.
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Social Services Advisory Board
Supervisor Nickens nominated Supervisor Minnix to serve a
four-year term as Board Liaison to the Social Services Advisory Board.
His term will expire August 1, 1998.
'IN RE:
CONSENT AGENDA
R-72694-5
Supervisor Johnson moved to adopt the Consent Resolution.
The motion carried by the following recorded vote:
AYES:
Supervisors Johnson, KOhinke, Nickens, Eddy
NAYS:
None
ABSENT:
Supervisor Minnix
RESOLUTION 72694-5 APPROVING AND CONCURRING IN CERTAIN IT~MS
SET FORTH ON TilE BOARD OF SUPERVISORS AGENDA FOR THISD~TE
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 26 1994, designated as Item L - Consent Agenda
be, and hereby is, approved and concurred in as to each item
separately set forth in said section designated Items 1 through 5,
inclusive, as follows:
1. Approval of June 14, 1994, and June 28, 1994 Minutes
2.
Acknowledgment of Acceptance of 0.22 Miles of
Timberland Trail and 0.24 Miles of Ferguson Drive into
the VDOT Secondary System.
3.
Acceptance of Sanitary Sewer Facilities Serving Webber
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July 26, 1994
~
Subdivision.
4. Confirmation of ,Committee Appointment to community
Corrections Resources Board.
5. Confirmation of Appointment of a Parent Representative
to the Community Policy and Management Team.
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, and carried by the following recorded vote:
AYES:
Supervisors Johnson, KOhinke, Nickens, Eddy
NAYS:
None
ABSENT:
Supervisor Minnix
I
IN RE:
REPORTS AND INQUIRIES OF BOARD MEMBERS
SUDervisor Kohinke:
(1) He congratulated Chairman Eddy on
his radio appearance concerning regional cooperation, and advised that
he felt there was a good exchange of information.
SUDervisor Nickens:
(1) He advised that he did not have an
unlisted telephone number as some citizens have indicated, but that
C&P Telephone left his home address and home number out of the 94/95
directory by mistake. C&P Information will give out both telephone
numbers. (2) He advised that he agreed with the points in supervisor
Eddy's memo of July 13, 1994 on utility deposits. (3) He advised
that he will be out of the area ~~om August 5 through AUgust 16, 1994.11
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July 26, 1994
539
Union's
Supervisor Johnsôn: ," .'-J~~¿) He advised that he attended First
""".'",.
" ·:'¡P;/2 ..~~ .
flrst annlversary celebì'àtl0n of the Card Products Customer
Servicing Unit, and that they have exceeded the projected number of
employees by 100. (2) He advised that he toured the addition to the
Hollins Branch Library and that it is proceeding on schedule.
Supervisor Eddy: (1) He advised that he attended First
Union's celebration and press conference, and that they have exceeded
the projected number of employees with plans to add more employees.
(2) He asked about the status of the drop-off box for citizens'
payments. Mr. Hodge advised that it will be several weeks before it
is in service and a press conference will be held to announce it. (3)
He asked about the status of the Sewage Treatment Contract.
Mr. Hodge
advised that it will be brought to the Board in August.
( 4 ) He
advised that the meeting with the Roanoke City Council has been
scheduled for September 12, 1994 at noon at a place to be announced
later.
IN RE:
CITIZENS' COMMENTS AND COMMUNICATIONS
h Mr. Everett "Neil" Hartwell. 1420 Red Lane Extension.
advised that the quality of water at his home is unacceptable and
asked for a determination of the responsibility for the situation
between the County and the City of Salem.
Mr. Hodge and staff were directed by the Board to contact
Mr. Hartwell and investigate his complaint.
It was also suggested
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540
July 26, 1994
þ
that the Red Lane Extension Civic League be contacted.
IN RE:
REPORTS
Supervisor Kohinke moved to receive and file the following
reports. The motion carried by a unanimous voice vote with
Supervisor Minnix absent.
h General Fund Unappropriated Balance
~ Capital Fund Unappropriated Balance
h BoardContinqencv Fund
L.. Account Paid - June 1994
h Bond project status Report
IN RE:
RECESS
Chairman Eddy declared ~ recess at 4:05 p.m.
I
IN RE: WORK SESSIONS
h Work Session with Fire and Rescue Ad Hoc Commi ttee. .
(4:00 p.m.) BEGAN 4:15 P.M.
Mr. Chambliss, Chief T. C. Fuqua, and seven members of the
committee were present. Mr. Chambliss summarized the committee's
findings on the David M. Griffith Vehicle study concerning: (1)
standardization; (2) use of committees: and (3) the specific
operational issue concerning the vehicle for Mason's Cove Rescue
Squad.
It was the consensus of the Board that the
issues arell
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July 26, 1994
541
complex, that the committeeis r~i~~?rt is a good "first step", and that
"~" ':'-'
the committee should continue YhàìEÜr proposed schedule of reviewing
additional items.
Supervisor Nickens suggested that (1) there be no isolation
of volunteer and rescue personnel in the make-up of committees: (2)
standards be set for running gear on all apparatus: (3) the committee
look at staff use of sedans vs. four-wheel drives; and (4) expressed
concerns about the proposed rotation of equipment.
Supervisor Johnson expressed his concerns about the proposed
rotation of equipment and asked for more information.
Supervisor Eddy asked for the following:
(1) information
from other localities concerning their experiences with rotation of
equipment: and (2) that the committee's final recommendations include
specific regulations for all issues, including equipment, staffing,
funding, and response performance.
Mr. Hodge advised that another work session will be
scheduled for the September 13, 1994 meeting.
~ Work Session with the School Board on School Capital
Improvement Proqram (CIP). (4:30 p.m.) BEGAN 5:05 P.M.
Chairman Frank Thomas called the School Board to order at
5:05 p.m. with all members present. He advised that the School Board
and staff, together with the County staff, compiled the School Capital
Improvement Program.
The CIP is an informational document which
I contains the full capital needs of the County schools for the next ten
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July 26, 1994
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years.
Dr. Deanna Gordon, Superintendent of Schools, advised that
the items in the CIP were not prioritized and that funding methods
needed to be explored.
After discussion, it was the consensus of the Board that the
School Board bring back at the August 23, 1994 meeting at least three
options for a bond referendum with projects prioritized, financing
alternatives, and impact to quality of education. These three options
would be for (1) $15 million bond referendum; (2) $30 million bond
referendum; and (3) no bond issue and maintenance projects only.
IN RE:
RECESS FOR MEDIA QUESTIONS
Chairman Eddy declared a recess at 6:25 p.m.
I
IN RE:
EXECUTIVE SESSION
At 6:35 p.m., Supervisor Johnson moved to go into Executive
Session pursuant to the Code of Virginia Section 2.1-344 A (3) To
Consider the Disposi tion of Real Property, Namely, to Consider an
Offer to Exchange Surplus Well Lot for Two Year Easement: (3) To
Consider the Acquisition of Real Property for Pinkard Court Project;
(3) To Conoider the AcquiaitioR of Real rroperty for Water
TraRomiooien Line rrejcct, (5) To Discuss Location of a Prospective
Business or Industry: and (7) For Consultation with Legal Counsel to
Discuss Potential Litigation concerning Lingerfelt Development. (
adopt the resolution. The m,otion carried by the following recordedl
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';~,:~r;~~'~{,26~,:~?:?~:;;'>;r:
543
,.,.. ,.<>
vote:
,. "..'
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f;;~ '1;=-
;.
AYES:
Supervisors Johnson, Kohinke, Nickens, Eddy
NAYS:
None
ABSENT:
Supervisor Minnix
IN RE:
CERTIFICATION OF EXECUTIVE SESSION
R-72694-6
At 7: 06 p.m., Supervisor Johnson moved to return to Open
Session and adopt the Certification Resolution. The motion carried by
the following recorded vote:
AYES:
Supervisors Johnson, KOhinke, Nickens, Eddy
NAYS:
None
ABSENT:
Supervisor Minnix
RESOLUTION 72694-6 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 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
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July 26, 1994
þ
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, Eddy
NAYS: None
ABSENT: Supervisor Minnix
II
IN RE:
PUBLIC HEARING AND SECOND READING OF ORDINANCES
h Ordinance Authorizinq a special Use Permit to Operate a
Private Horse stable Located at 4264 Spicewood Lane and
4324 Westward Lake Drive. Catawba Maqisterial District.
Upon the Peti tionof Roqer and Barbara Hale. (Terrv
Harrinqton. Director of Planninq & Zoninq)
0-72694-7
Mr. Harrington advised that Mr. and Mrs. Hale are requesting
a special use permit to operate a private horse stable for their three
horses. The Planning Commission recommended approval with the
condition added that there shall be no more than ten horses kept on I
the property.
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545
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There was
no
discussion and no citizens were present to
speak on this issue.
Supervisor Kohinke moved to adopt the Ordinance. The motion
carried by the following recorded vote:
AYES:
Supervisors Johnson, Kohinke, Nickens, Eddy
NAYS:
None
ABSENT:
Supervisor Minnix
ORDINANCE 72694-7 GRANTING A SPECIAL USE PERMIT TO
ROGER HALE AND BARBARA HALE TO OPERATE A PRIVATE
HORSE STABLE LOCATED AT 4264 SPICEWOOD LANE AND
4324 WESTWARD LAKE DRIVE (TAX MAP NOS. 54.02-1-12
AND 54.02-1-4), CATAWBA MAGISTERIAL DISTRICT
WHEREAS, Roger Hale and Barbara Hale have filed a petition
to operate a private horse stable located at 4264 Spicewood Lane and
4324 Westward Lake Drive (Tax Map Nos. 54.02-1-12 and 54.02-1-4) in
the Catawba Magisterial District; and
WHEREAS, the Planning Commission held a public hearing on
this matter on July 5, 1994; and
WHEREAS, the Board of Supervisors of Roanoke County,
Virginia, held a first reading on this matter on June 28, 1994: the
second reading and public hearing on this matter was held on July 26,
1994.
NOW, THEREFORE BE IT ORDAINED by the Board of Supervisors of
Roanoke County, Virginia, as follows:
1. That the Board finds that the granting of a special use
permit to operate a private horse stable located at 4264 Spicewood
Lane and 4324 Westward Lake Drive (Tax Map Nos. 54.02-1-12 and 54.02-
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546
July 26, ¡994
Þ
1-4) in the Catawba Magisterial District is substantially in accord
with the adopted 1985 Comprehensive Plan pursuant to the provisions of
§ 15.1-456 (b) of the 1950 Code of Virginia, as amended.
2. That the Board hereby grants a Special Use Permit to
Roger Hale and Barbara Hale to operate a private horse stable located
at 4264 SpicewoodLane and - 4324 Westward Lake Drive (Tax Map Nos.
54.02-1-12 and 54.02-1-4) in the Catawba Magisterial District, with
the following condition:
a) There shall be no more than ten horses kept on the
property.
On motion of Supervisor Kohinke to adopt the ordinance, and
carried by the following recorded vote:
AYES: Supervisors Johnson, Kohinke, Nickens, Eddy
NAYS: None
ABSENT: Supervisor Minnix
II
~ Ordinance Authorizinq a special Use Permit to Construct
a Facility for Reliaious AssemblY. Includinq Classrooms
and Fellowshin Hall. Located on HardY Road at the
Intersection of Feather Road and Temple Drive. vinton
Maqisterial District. Upon the Petition of D. Jeffry
Parkhill. (Terrv Harrinqton. Director of Planninq &
Zoninq)
0-72694-8
Mr. Harrington advised that this is a request for a speCialll
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July 26, 1994
547
use permit to construct a religious assembly in four phases, and that
the Planning Commission recommended approval.
Mr. Parkhill advised Supervisor Nickens that if it is
determined that screening is necessary for the detention pond, he
would have no objection to doing this.
There was no discussion and no citizens were present to
speak on this issue.
Supervisor Nickens moved to adopt the Ordinance. The motion
carried by the following recorded vote:
AYES:
Supervisors Johnson, Kohinke, Nickens, Eddy
NAYS:
None
I
ABSENT:
Supervisor Minnix
ORDINANCE 72694-8 GRANTING A SPECIAL USE PERMIT TO
D. JEFFRY PARKHILL TO CONSTRUCT A FACILITY FOR
RELIGIOUS ASSEMBLY, INCLUDING CLASSROOMS AND
FELLOWSHIP HALL TO BE LOCATED ON HARDY ROAD AT THE
INTERSECTION OF FEATHER ROAD AND TEMPLE DRIVE (TAX
PARCEL 71.07-1-26.2), VINTON MAGISTERIAL DISTRICT
WHEREAS, D. Jeffry Parkhill has filed a petition to allow
the construction of a facility for religious assembly, including
classrooms and fellowship hall to be located on Hardy Road at the
intersection of Feather Road and Temple Drive in the vinton
Magisterial District; and
WHEREAS, the Planning Commission held a public hearing on
this matter on July 5, 1994; and
WHEREAS, the Board of Supervisors of Roanoke County,
II Virginia, held a first reading on this matter on June 28, 1994; the
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July 26, 1994
þ
second reading and public hearing on this matter was held on July 26,
1994.
NOW, THEREFORE BE IT ORDAINED by the Board of Supervisors of
Roanoke County, Virginia, as follows:
1. That the Board finds that the granting of a special use
permit to allow the construction of a facility for rèligious assembly,
including classrooms and fellowship hall to be located on Hardy Road
at the intersection of Feather Road and Temple Drive in the vinton
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.
2. That the Board hereby grants a Special Use Permit to D. II
Jeffry Parkhill to allow the construction of a facility for religious
assembly, including classrooms and fellowship hall to be located on
Hardy Road at the intersection of Feather Road and Temple Drive in the
Vinton Magisterial District.
On motion of Supervisor Nickens to adopt the ordinance, and
carried by the following recorded vote:
AYES:
Supervisors Johnson, Kohinke, Nickens, Eddy
NAYS:
None
ABSENT:
supervisor Minnix
h Ordinance to Rezone 2.76 Acres from R-1 to I-1 to
Construct a Warehouse Distribution
Facility Located on
District. Upon the I
Hollins Road. Hollins Maqisterial
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July 26, 1994
549
Petition of the Roanoke County Department of Economic
Development. (Terrv Harrinqton. Director of Planninq &
Zoninq)
0-72694-9
There was no discussion and no ci tizens 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
NAYS: None
ABSTAIN: Supervisor Eddy
ABSENT: Supervisor Minnix
ORDINANCE 72694-9 TO CHANGE THE ZONING CLASSIFICATION OF A
2 .76 ACRE TRACT OF REAL ESTATE LOCATED ON HOLLINS ROAD
BETtfEEN TINKERBELL LANE AND LOIS LANE (TAX MAP NO. 39.09-1-4
AND 4-1) IN THE HOLLINS MAGISTERIAL DISTRICT FROM THE ZONING
CLASSIFICATION OF R-1 TO THE ZONING CLASSIFICATION OF I-1
WITH CONDITIONS UPON THE APPLICATION OF THE ROANOKE COUNTY
DEPARTMENT OF ECONOMIC DEVELOPMENT
WHEREAS, the first reading of this ordinance was held on
June 28, 1994, and
July 26, 1994: and,
WHEREAS,
the second reading and public hearing were held
the Roanoke County Planning commission held a
public hearing on this matter on July 5, 1994: and,
WHEREAS, legal notice and advertisement has been provided as
required by law.
BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
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550
July 26, 1994
Þ
of
1.
That the zoning classificàtion of a certain tract
real estate containing 2.76 acre, as described herein, and located on
Hollins Road between Tinkerbell Lane and Lois Lane, (Tax Map Number
39.09-1-4 and 4.1) in the Hollins Magisterial District, is hereby
changed from the zoning classification of R-l, Low Density Residential
District, to the zoning classification of I-1, Industrial District.
2. That this action is taken upon the application of the
Roanoke County Department of Economic Development.
3. That said real estate is more fully described as
follows:
BEGINNING at a concrete monument on the east edge
of the old County Road, corner to Showalter and H.
P. Hinman; thence a new line N. 38 deg. 45 min~ 00
sec. W. 117.00 feet to a concrete monument; thence
s. 30 deg. 45 min. 00 sec. W. 296.00 feet to a
concrete monument: thence S. 59 deg. 15 min. E.
67.50 feet to a concrete monument on the line of
the said H. P. Hinman in the old County Road;
thence with the Hinman line N. 40 deg. 22 sec. E.
42.00 feet to a concrete monument: thence S. 49
deg. 38 min. E. 14.00 feet to a concrete monument;
thence N. 35 deg. 45 sec. E. 217.00 feet to the
beginning, containing 0.603 of an acre, and as
shown by plat made by Buford T. Lumsden &
Associates, P.C., Certified Land Surveyors, dated
November 24, 1976; and being the same property
conveyed unto William G. Bryant and Jewell C.
Bryant, husband and wife, from Pauline R. Bolling
and Ernest C. BOlling, her husband, by deed dated
November 22, 1977, of record in the Roanoke County
Circuit Court Clerk's Office in Deed Book 1081,
page 341: AND
BEGINNING at a point on Hollins Road (state Route
601): said point being shown as point #1 on the
hereinafter referenced plat; thence with a new
division line through the property of the David W.
Hinman Estate N. 34 deg. 36 min. 20 sec. W. 105.28
feet to a point at the southern corner of the
property of Friendship Manor Apartment Village
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July 26, 1994
551
Corporation N. 41 deg. 00 min. 00 sec. E. 351.25
feet to a point; thence with the line of other
property owned by Adrian L. Anglin, Jr. and Debra
G. Anglin N. 36 deg. 22 min. 30 sec. E. 217.00
feet to a point; thence again with the property of
Friendship Manor Apartment Village Corporation N.
45 deg. 44 min., 00 sec. E. 347.33 feet to a point
on the westerly boundary of Hollins Road; thence
with Hollins Road the following four courses and
distances: S. 24 deg. 31 min. 30 sec. W. 297.72
feet to a point; thence with a curve to the right
with a chord bearing S. 32 deg. 50 min. 00 sec. W.
and an arc distance of 192.86 feet: thence S. 41
deg. 08 min. 30 sec. W. 294.39 feet to a point;
thence S. 47 deg. 47 min. 00 sec. W. and an arc
distance of 171.33 feet to the place of beginning,
containing 2.163 acres, as more particularly shown
on a plat dated August 21, 1984, prepared by
Buford T. Lumsden & Associates, P. C.
4. That this ordinance shall be in full force and effect
thirty (30) days after its final passage. All ordinances or parts of
ordinances in conflict with the provisions of this ordinance be, and
the same hereby are, repealed. The Zoning Administrator is directed
to amend the zoning district map to reflect the change in zoning
classification authorized by this ordinance.
On motion of Supervisor Johnson to adopt the ordinance, and
carried by the following recorded vote:
, AYES: Supervisors Johnson, KOhinke, Nickens
NAYS: None
ABSENT: Supervisor Minnix
ABSTAIN: Supervisor Eddy
h
Ordinance Authorizinq a Special Use Permit to Construct
a Private Horse stable Located at 4041 Barley Drive.
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July 26, 1994
þ
Catawba Maqisterial District. Upon the Petition of Mona
S. sutphin.
(Terrv Harrinqton. Director of Planning &
Zoninq)
0-72694-10
Mr. Harrington advised that Ms. Sutphin is requesting a
special use permit to construct a private horse stable. The Planning
Commission recommended approval with the condition that there shall be
no more than five horses kept on the property.
There was no discussion and no citizens were present to
speak on this issue.
Supervisor Kohinke moved to adopt the Ordinance.
The motion
AYES:
Supervisors Johnson, Kohinke, Nickens, Eddy
II
carried by the following recorded vote:
NAYS:
Ncne
ABSENT:
Supervisor Minnix
ORDINANCE 72694-10 GRANTING A SPECIAL USE PERMIT
TO MONA S. SUTPHIN TO CONSTRUCT A PRIVATE HORSE
STABLE LOCATED AT 4041 BARLEY DRIVE (TAX PARCEL
65.00-2-43.6), CATAWBA MAGISTERIAL DISTRICT
WHEREAS, Mona S. sutphin has filed a petition to allow the
construction of a private horse stable to be located at 4041 Barley
Drive in the Catawba Magisterial District; and
WHEREAS, the Planning Commission held a public hearing on
this matter on July 5, 1994: and
WHEREAS, the Board of
Supervisors of Roanoke County,
this matter on June 28, 1994; the II
Virginia, held a first reading on
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second reading and public hearing on this matter was held on JUlY.26,
1994.
NOW, THEREFORE BE IT ORDAINED by the Board of Supervisors of
Roanoke County, Virginia, as follows:
1. That the Board finds that the granting of a special use
permit to allow the construction of a private horse stable to be
located at 4041 Barley Drive in the Catawba Magisterial District is
substantially in accord with the adopted 1985 Comprehensive Plan
pursuant to the provisions of § 15.1-456 (b) of the. 1950 Code of
Virginia, as amended.
2. That the Board hereby grants a Special Use Permit to
Mona s. sutphin to allow the construction of a private horse stable to
be located at 4041 Barley Drive in the Catawba Magisterial District,
subject to the following condition:
a) There shall be no more than five horses kept on
the property.
On motion of Supervisor Kohinke to adopt the ordinance, and
carried by the following recorded vote:
AYES: Supervisors Johnson, Kohinke, Nickens, Eddy
NAYS: None
ABSENT: Supervisor Minnix
h
Ordinance Vacatinq a Surplus Riqht-of-Way Located on
Autumn Park Drive as Recorded in Plat Book 15. Paqe 54.
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July 26, 1994
Þ
Hills
Autumn Park Subdivision. Located in the Windsor
Maqisterial District. Upon the Petition of Vauqhn
Incorporated. (Arnold Covey. Director of Enqineerinq
-and Inspections)
0-72694-11
There was no discussion and no ci tizens were present to
speak on this issue.
SuperVisor Eddy moved to adopt the Ordinance.
'I'he motion
carried by the following recorded vote:
AYES:
Supervisors Johnson, Kohinke, Nickens, Eddy
NAYS:
None
ABSENT:
~upervisor Minnix
II
ORDINANCE 72694-11 VACATING A SURPLUS PORTION OF
THE RIGHT-OF-WAY LOCATED ON AUTUMN PARK DRIVE
(PLAT BOOK 15, PAGE 54), AUTUMN PARK SUBDIVISION,
WINDSOR HILLS MAGISTERIAL DISTRICT
WHEREAS, Vaughn Incorporated has requested the Board of
Supervisors of Roanoke County, virginia to vacate a surplus right-of-
way located on Autumn Park Drive in the Autumn Park Subdivision in the
windsor Hills Magisterial District as shown in Plat Book 15, at page
54 of record in the Clerk's Office of the Roanoke County Circuit
Court: and,
WHEREAS, section 15.1-482 (b) of the 1950 Code of Virginia,
as amended, requires that such action be accomplished by the adoption
of an ordinance by the governing body: and,
WHEREAS, notice has been given as required by section 15.1-11
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July 26, 1994
555
431 of the 1950 Code of Virginia, as amended, and a first reading of
this ordinance was held on July 12, 1994; and the second reading of
this ordinance was held on July 26, 1994.
BE IT ORDAINED by the Board 'of Supervisors of Roanoke
County, Virginia, as follows:
1. That a surplus portion of the right-of..;.way located on
Autumn Park Drive in the Autumn Park Subdivision in the windsor Hills
Magisterial District and shown on a plat of record in Plat Book 15, at
page 54, in the Office of the Clerk of the Circuit Court of Roanoke
County, Virginia, be, and hereby is, vacated pursuant to Section 15.1-
482 (b) of the 1950 Code of Virginia, as amended, subject to the
following conditions:
(a) That a 50-foot right-of-way be retained by the
County.
(b) That the vacated property be added into and com-
bined with Lot 1 of Autumn Park Subdivision, by
recordation of a plat approved by the Roanoke
County Subdivision Agent.
(c) That the County reserves and retains a property
interest within the property for use as a 15-foot
wide drainage easement; and,
2. That this ordinance shall be in full force and effect
thirty (30) days after its final passage. All ordinances or parts of
ordinances in conflict with the provisions of this ordinance be, and
the same hereby are, repealed.
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July 26, 1994
þ
3. That Vaughn Incorporated shall record a certified copy
of this ordinance with the Clerk of the Circuit Court and shall pay
all fees required to accomplish this transaction and in addition,
shall be responsible for all costs and expenses associated herewith.
4. That as a condition to the adoption of this ordinance,
Vaughn Incorporated shall convey by separa~e instrument to the County
a 15-foot wide drainage easement as required in paragraph 1 (c) above.
This conveyance shall be approved as to form by the County Attorney.
The County Administrator is authorized to accept this conveyance on
behalf of the County.
5. That as a further condition to the adoption of this
ordinance, the Board of Supervisors of Roanoke County, Virginia, shall II
be indemnified of and held harmless from and against all claims for
damages to any improvemen~s or structures within the old easement area
by them, their heirs, successors, or assigns.
6. That pursuant to § 15.1-485 of the 1950 Code of
Virginia, as amended, the circuit Court Clerk shall write in plain
legible letters across the part of the plat vacated, the word
"vacated" and also make a reference on the same to the volume and page
in which the instrument of vacation is recorded.
, On motion of Supervisor Eddy to adopt the ordinance, and
carried by the following recorded vote:
AYES:
Supervisors Johnson, KOhinke, Nickens, Eddy
NAYS:
None
ABSENT:
Supervisor Minnix
II
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July 26, 1994
557
~ Ordinance Vacatinq a 0.004 Acre and a 0.002 Acre
Portion of a Dedicated Riqht-of-Way as Recorded in Plat
Book 16. Paqe 122. Phase 1 of Wexford SUbdivision.
Located in the Windsor Hills Maqisterial District. Upon
the Petition of Ron Jackson. (Arnold Covey. Director of
Enqineerinq and Inspections)
0-72694-12
There was no discussion and no ci tizens were present to
speak on this issue.
I
Supervisor Eddy moved to adopt the Ordinance.
The motion
carried by the following recorded vote:
AYES:
Supervisors Johnson, KOhinke, Nickens, Eddy
NAYS:
None
ABSENT:
Supervisor Minnix
ORDINANCE 72694-12 VACATING A o. 004-ACRE AND A
0.002-ACRE PORTION OF A DEDICATED RIGHT-OF-WAY
LOCATED IN PHASE 1 OF WEXFORD SUBDIVISION (PB 16,
PAGE 122), WINDSOR HILLS MAGISTERIAL DISTRICT
WHEREAS, Ron Jackson has requested the Board of Supervisors
of Roanoke County, Virginia to vacate 4.90 feet of a 54.90-foot wide
right-of-way located off Homewood Circle in Phase 1 of Wexford
Subdivision, windsor Hills Magisterial District as shown in Plat Book
16, at page 122 of record in the Clerk's Office of the Roanoke County
I Circuit Court; and,
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558
July 26, 1994
Þ
Virginia,
WHEREAS, section 15.1-482 (b) of the 1950 Code of
as amended, requires that such action be accomplished by the adoption
of an ordinance by the governing body; and,
WHEREAS, notice has been given as required by Section 15.1-
43l of the 1950 Code of Virginia, as amended, and'a first reading of
this ordinance was held on July 12, 1994; and the second reading of
this ordinance was held on July 26, 1994.
BE IT ORDAINED
by the Board of supervisors of Roanoke
County, Virginia, as follows:
1. That 4.90 feet of a 54.90-foot wide right-of-way located
off Homewood Circle in Phase 1 of Wexford Subdivision, Windsor Hills
Magisterial District of record in Plat Book 16, at page 122, in the II
Office of the Clerk of the circuit Court of Roanoke County,Virginia,
b9, and hereby is, vacated pursuant to Section 15.1-482(b) of the 1950
Code of Virginia, as amended, subject to the following conditions:
(a) A 50-foot right-of-way be retained.
(b) That the vacated 0.004-acre parcel be added into
and combined with Lot 1 in Phase 1 of Wexford
Subdivision and the 0.002-acre parcel be added
into and combined with Lot 20 in Phase 1 of Wexf-
ord Subdivision, by recordation of a plat or plats
approved by the Roanoke County Subdivision Agent.
(c) That 0.004-acre and 0.002-acre parcels be combined
with the adjoining lots; and,
2 . That this ordinance shall be in full force and effect II
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July 26, 1994
559
thirty (30) days after its final passage.
All ordinances or parts of
ordinances in conflict with the provisions of this ordinance be, and
the same hereby are, repealed.
3. That Ron Jackson shall record a certified copy of this
ordinance with the Clerk of the Circuit Court and shall pay all fees
required to accompl ish this transaction and in addi tion, shall be
responsible for all costs and expenses associated herewith.
4 . That as a further condition to the adoption of this
ordinance, the Board of Supervisors of Roanoke County, Virginia, shall
be indemnified of and held harmless from and against all claims for
damages to any improvements or structures within the old easement area
by him, his heirs, successors, or assigns.
5. That pursuant to § 15.1-485
of the 1950 Code of
Virginia, as amended, the. Circuit Court Clerk shall write in plain
legible letters across the part of the plat vacated, the word
"vacated" and also make a reference on the same to the volume and page
in which the instrument of vacation is recorded.
On motion of Supervisor Eddy to adopt the ordinance, and
carried by the following recorded vote:
AYES:
Supervisors Johnson, Kohinke, Nickens, Eddy
NAYS:
None
ABSENT:
Supervisor Minnix
IN RE:
EXECUTIVE SESSION
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560
July 26, 1994
þ
At 7:30 p.m., Supervisor Johnson moved to go into Executive
Session pursuant to the Code of Virginia Section 2.1-344 A
( 3 ) To
Consider the Acquisition of Real Property for Pinkard Court Project:
and ( 7 )
For Consultation with Legal Counsel to Discuss Potential
Litigation concerning Lingerfelt Development Corp. The motion carried
by the following recorded vote:
AYES:
Supervisors Johnson, Kohinke, Nickens, Eddy
NAYS:
None
ABSENT:
Supervisor Minnix
IN RE:
CERTIFICATION OF EXECUTIVE SESSION
At 8:05 p.m.,
Supervisor Johnson moved to return to Open II
R-72694-13
Session and adopt the certification Re~olution. The motion carried by
the following recorded vote:
AYES:
Supervisors Johnson, Kohinke, Nickens, Eddy
NAYS:
None
ABSENT:
Supervisor Minnix
RESOLUTION 72694-13 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 II
WHEREAS, section 2.1-344.l of the Code of Virginia requires
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July 26, 1994
561
II
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 r~corded vote:
AYES: Supervisors Johnson, Kohinke, Nickens, Eddy
NAYS: None
ABSENT: Supervisor Minnix
IN RE:
WORK SESSION
h Consideration for County Maintenance of Stormwater
Detention Ponds. (8:00 p.m.)
Mr. Hodge, Mr. Mahoney, and Arnold Covey, Director of
Engineering & Inspections, briefed the Board on the history, present
status, funding alternatives, and liability issues that should be
II considered if the County establishes a maintenance program for
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562
July 26, 1994
þ
detention ponds.
Mr. Rick Whitney, from the Roanoke Regional Homebuilders
Association, briefed the Board on their proposed approach for County
Maintenance of the detention ponds.
Mr. Richard Conway, a resident of Kings Chase II, spoke in
support of County maintenance.
It was the consensus of the Board that the County staff will
continue to monitor the situation and keep informed of any federal or
state regulations for future impacts.
IN RE:
ADJOURNMENT
After discussion, it was the consensus of the Board that,thel
proposed extra meeting on August 9, 1994, would not be necessary S1nce
the School Boa7.d's next regular meeting would not be held until August
11, 1994.
At 9: 00 p.m., Supervisor Johnson moved to adjourn. The
motion carried by a unanimous voice, vote with Supervisor Minnix
absent.
Submitted by,
~.Ql~
Deputy Clerk
Approved by,
~. ~d~rman
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