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HomeMy WebLinkAbout10/9/1990 - Regular - October 9, 1990 71 6 Roanoke County Board of Supervisors Roanoke County Administration Center 3738 Brambleton Avenue, SW Roanoke~ Virginia 24018 October 9, 1990 The Roanoke County Board of Supervisors of Roanoke County, Virginia, met this day at the Roanoke County Administra- tion Center, this being the second Tuesday, and the first regularly scheduled meeting of the month of October, 1990. IN RE: CALL TO ORDER Chairman Robers called the meeting to order at 3: 04 p.m. The roll call was taken. . MEMBERS PRESENT: Chairman Richard Robers, Vice Chairman Steven A. McGraw, Supervisors Lee B. Eddy, Bob L. Johnson (arrived at 3:08 p.m.), Harry C. Nickens MEMBERS ABSENT: None STAFF PRESENT: Elmer C. Hodge, County Administrator; John R. Hubbard, Assistant County Administrator of Communi ty Services and Development; Don M. Myers, Assistant County Administrator for Management Services; Paul M. Mahoney, County -- -~~~ ~ -~-----~ 72 1 ~ October 9, 1990 - R-10990-3 county Attorney Paul Mahoney presented the staff report explaining that the Board of Supervisors directed that a policy be established for continuances and postponements of public hearings for rezoning. The policy provides that the Clerk to the Board may grant one continuance if the request is presented by noon on the Thursday before the scheduling hearing date. Additional continuances will only be granted by petitioner appearing before the Board of Supervisors the date of the hearing at 3:00 p.m. Supervisor Eddy moved to adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors Eddy, McGraw, ~ohnson, Nickens, Robers NAYS: None RESOLUTION 10990-3 ADOPTING A POLICY CONCERNING REQUESTS TO CONTINUE OR POSTPONE PUBLIC HEARINGS FOR REZONINGS, AND TO ESTABLISH DEADLINES FOR THE SUBMISSION OF VOLUNTARY PROFFERS FOR CONDITIONAL ZONING BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That it is the policy of Roanoke County that the citizens be fully informed of all material proceedings in the process of rezoning real estate in the County, and that the citizens be provided the opportunity to fully participate in this . important governmental process. It is hereby declared that it is in the public's interest that requests to continue or Dostnon2 October 9, 1990 722 - previously scheduled and legally advertised public hearings for - changes in zoning classifications, or to voluntarily proffer conditions for conditional zoning, should be received in sufficient time to provide adequate notice to all interested parties. 2. That the applicant may request a continuance or . postponement of a previously scheduled and legally advertised public hearing for a change in zoning classification by submitting such a request in writing to the Clerk to the Board of Supervisors no later than noon on the Thursday before the scheduled public hearing date. The Clerk may only grant a single request for a continuance or postponement for the same application for a change in zoning classification. The request shall include an affidavit from the applicant that all parties notified pursuant to Section 15.1-431 of the State Code and all citizens appearing before the Planning Commission on this . application have been provided a copy of this request. As a condition of granting this request the applicant hereby agrees to pay all costs and expenses required for any additional legal notice as a result of this request. Failure to comply with these requirements may be deemed by the Board of Supervisors in its sole discretion to constitute a withdrawal of the application for a change in zoning classification. 3. That it is the policy of the County not to grant any additional requests for a continuance or postponement except for an exceptional or unusual occurrence or dire emergency. An . . 72 3 October 9, 1990 - - additional continuance or postponement may be granted only by, and at the discretion of, the Board of Supervisors for good cause shown, or upon a showing that to proceed with the public hearing would not be in the best interest of justice. The applicant shall appear before the Board of Supervisors no later than 3:00 p.m. on the day scheduled for the public hearing to request the continuance or postponement. If the Board grants this request, the applicant shall notify the parties and citizens, and shall be responsible for the costs and expenses, as described above. 4. That the Board of Supervisors reserves the right to continue or postpone a public hearing, or the consideration of a question, upon its own motion. 5. That the applicant may voluntarily proffer in writing reasonable conditions as part of a rezoning or amendment to the zoning map. This proffer in writing of conditions shall be made by noon of the Thursday before the scheduled public hearing date. This proffer shall be delivered to the Clerk to the Board of Supervisors, and a copy shall be delivered to the Zoning Administrator at the same time. Failure to comply with this policy may result in the refusal of the Board of Supervisors . to consider these proffers. The Board of Supervisors reserves the right to refer proffers received after the Planning Commission public hearing to the Planning Commission for its review and comment. 6. That the effective date of this Resolution shall be October 9, 1990. October 9, 1990 72 4 - . On motion of Supervisor Eddy to adopt resolution, and carried by the following recorded vote: AYES: Supervisors Eddy, McGraw, Johnson, Nickens, Robers NAYS: None h Reauest to acce~t and aDDroDriate qrant to fund Druq Abuse Treatment for Adult Offenders. This item was postponed at Mr. Hodge's request. h Presentation on ComDuter Aided Real Estate Assessment Proqram. Director . of Assessments John Willey presented information on the new Computer Aided Mass Appraisal System (CAMA) and showed examples of commercial and residential appraisals. ~ Review of SDN ReDort Supervisor Johnson announced that Mr. Carl Marshall of SDN Market Research has revised his report on the possible savings from consolidation. He pointed out that not all errors had been corrected but felt that staff should not spend any more time analyzing the results. In response to a question from Supervisor McGraw, Mr. Hodge advised he had called Mr. Marshall and asked to meet with him to discuss the report, sent the errors they found to Mr. Marshall, and again asked for a meeting. Mr. 72 5 October 9, 1990 = Marshall did not meet with Roanoke County staff, but did meet with staff from Roanoke city. Supervisor Eddy advised he had studied the report and had written a memorandum to other board members outlining his conclusions. There was board consensus that staff should not spend more time analyzing the report. IN RE: FIRST READING OF ORDINANCES ~ Ordinance requestinq vacation of aDDroximately 250 feet of an existinq 20 foot wide sanitary sewer easement shown on construction Dlans for Edinburqh Green addition. Director of Development and Inspections Arnold Covey presented the staff report, explaining that Edinburgh Green Foundation is requesting this vacation because they are constructing a 40-room addition tQ their retirement apartment complex, Edinburgh Square. Supervisor Nickens moved to approve first reading of the ordinance. The motion carried by the following recorded vote: AYES: NAYS: Supervisors Eddy, McGraw, Johnson, Nickens, Robers None IN RE: APPOINTMENTS ~ EXDlore Citizens Advisorv Committee October 9, 1990 726 - Supervisor Eddy nominated Buford T. represent the Windsor Hills Magisterial District. Supervisor McGraw nominated Edward Kohinke to represent Lumsden to the Catawba Magisterial District. IN RE: CONSENT AGENDA R-10990-4 Supervisor Johnson moved to approve the Consent Agenda. The motion carried by the following recorded vote: . AYES: Supervisors Eddy, McGraw, Johnson, Nickens, Robers NAYS: None RESOLUTION 10990-4 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM J - 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 October 9, 1990, designated as Item J _ Consent Agenda be, and hereby is, .approved and concurred in as to each item separately set forth in said section designated Items 1 through 10, inclusive, as follows: 1. Approval of Minutes September 21-22, 1990 September 12, 1990, 2. Approval of Raffle Permit for the Cave Spring Elementary School PTA 3. Request for acceptance of Viking Drive and Norseman Drive into the Virginia Department 72 7 .,' October 9, 1990 - - of Transportation Secondary System. 4. Request for acceptance of Chippenham Drive, Shrewsbury Court and Brentwood Court into the Virginia Department of Transportation Secondary System. 5. Request for acceptance of Fairway Estates Drive into the Virginia Department of Transportation Secondary System. 6. Acceptance of water and sani tary sewer facilities serving North Meadows, Section I. 7. Donation of a storage tank lot - section #2, Fairway Forest Estates, Windsor Hills Magisterial District. 8. Donation of slope and drainage easement for road widening purposes Route 943, Cave Spring Magisterial District. 9. Approval of a Ra.ffle Permit for the Glenvar Youth Boosters. 10. Approval of a Raffle Permit for Unity of Roanoke Valley. 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 resolution, and carried by the following recorded vote: AYES: Supervisors Eddy, McGraw, Johnson, Nickens, Robers NAYS: None . RESOLUTION 10990-4.b REQUESTING ACCEPTANCE OF VIKING DRIVE AND NORSEMAN DRIVE INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY ROAD SYSTEM October 9, 1990 72·8 - BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That this matter came this day to be heard upon the proceedings herein, and upon the application of Viking Drive, . from the intersection of Craun Lane to the cUl-de-sac, a distance of 0.11 miles, and Norseman Drive, from the intersection of Viking Drive to the cUl-de-sac, a distance of 0.12 miles to be accepted and made a part of the Secondary System of State Highways under Section 33.1-229 of the Virginia State Code. 2. That it appears to the Board that drainage easements and a fifty (50) foot right-of-way for said roads have heretofore been dedicated by virtue of a certain map\maps known as Viking Court SUbdivision which map was recorded in Plat Book 10, Page 74, of the records of the Clerk's Office of the Circuit Court of Roanoke County, Virginia, on July 14, 1987 and that by reason of the recordation of said map no report from a Board of . Viewers, nor consent or donation of right-of-way from the abutting property owners is necessary. The Board hereby guarantees said right-of-way for drainage. 3. That said roads known as Viking Drive, from the intersection of Craun Lane to the cUl-de-sac, a distance of 0.11 miles, and Norseman Drive, from the intersection of Viking Drive to the cUl-de-sac, a distance of 0.12 miles, which are shown on a certain sketch accompanying this Resolution, be, and the same are hereby established as public roads to become a part of the State Secondary System of Highways in Roanoke County, only from and . · 72 9 October 9, 1990 - - after notification of official acceptance of said streets or highways by the Virginia Department of Transportation. On motion of Supervisor Johnson to adopt resolution, and carried by the following recorded vote: AYES: Supervisors Eddy, McGraw, Johnson, Nickens, Robers NAYS: None RESOLUTION 10990-4.c REQUESTING ACCEPTANCE OF SHREWSBURY COURT, BRENTWOOD COURT AND CHIPPENHAM DRIVE INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY ROAD SYSTEM BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That this matter came this day to be heard upon the proceedings herein, and upon the application of Chippenham Drive, from the intersection of Kettering Court to the intersection of Brentwood Court, a distance of 0.14 miles, Shrewsbury Court, from the intersection of Chippenham Drive to the cUl-de-sac, a distance of 0.05 miles and Brentwood Court, from the cul-de-sac to the cUl-de-sac, a distance of 0.18 miles to be accepted and made a part of the Secondary System of State Highways under Section 33.1-229 of the Virginia State Code. 2. That it appears to the Board that drainage easements and a fifty (50) foot right-of-way for said roads have heretofore been dedicated by virtue of a certain map\maps known as Kingston Court Sections 2 and 3 Subdivision which maps were recorded in Plat Book 10 and 11, Pages 58 and 39, of the records October 9, 1990 73 0 - . of the Clerk's Office of the Circuit Court of Roanoke County, Virginia, on May 7, 1987 and October 13, 1988 and that by reason of the recordation of said maps no report from a Board of Viewers, nor consent or donation of right-of-way from the abutting property owners is necessary. The Board hereby guarantees said right-of-way for drainage. 3. That said roads known as Chippenham Drive, Shrewsbury Court, and Brentwood Court, which are shown on a certain sketch accompanying this Resolution, be, and the same are hereby established as public roads to become a part of the State Secondary System of Highways in Roanoke County, only from and . after notification of official acceptance of said streets or highways by the Virginia Department of Transportation. On motion of Supervisor Johnson to adopt resolution, and carried by the following recorded vote: AYES: Supervisors Eddy, McGraw, Johnson, Nickens, Robers NAYS: None RESOLUTION 10990-4.d REQUESTING ACCEPTANCE OF FAIRWAY ESTATES DRIVE INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY ROAD SYSTEM BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: . 1. That this matter came this day to be heard upon the proceedings herein, and upon the application of Fairway Estates Drive from the intersection of Hidden Valley Drive to the 731 èJ October 9, 1990 - - cul-de-sac for a distance of 0.24 miles to be accepted and made a part of the Secondary System of State Highways under Section 33.1-229 of the Virginia state Code. 2. That it appears tð the Board that drainage easements and a fifty (50) foot right-of-way for said road have heretofore been dedicated by virtue of a certain map\maps known as Fairway Forest Estates, Section 1 Subdivision which map was recorded in Plat Book 10, Page 41, of the records of the Clerk's Office of the Circuit Court of Roanoke County, Virginia, on January 15, 1987 and that by reason of the recordation of said map no report from a Board of Viewers, nor consent or donation of right-of-way from the abutting property owners is necessary. The Board hereby guarantees said right-of-way for drainage. 3. That said road known as Fairway Estates Drive and which is shown on a certain sketch accompanying this Resolution, be, and the same is hereby established as a pUblic road to become a part of the State Secondary System of Highways in Roanoke County, only from and after notification of official acceptance of said street or highway by the Virginia Department of Transportation. On motion of Supervisor Johnson to adopt resolution, and carried by the following recorded vote: AYES: Supervisors Eddy, McGraw, Johnson, Nickens, Robers NAYS: None IN RE: CITIZENS' COMMENTS AND COMMUNICATIONS October 9, 1990 732 - - 1. Lawrence Goldstein, 5113 Fox Ridqe Drive asked for assistance from the Board of Supervisors in requesting that the Virginia Department of Transportation not use metal guardrails in Hunting Hills, but natural wood guardrails similar to those used on the Blue Ridge Parkway. He advised that the developer is willing to pay for the guardrails, but has not received a . positive response. Mr. Hodge responded he would contact the Virginia Department of Transportation and investigate why VDOT was unwilling to let the developer install natural wood guardrails. h Marqaret Whitescarver, a County employee with the Library expressed concern about a letter she received from Supervisor Nickens opposing consolidation and asking for a donation for Citizens Against Merger. IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS . SUDervisor Eddy: ( 1) Asked for a report from County Attorney Paul Mahoney regarding the zoning regulations for parking trailers and campers in front of the building line. Mr. Mahoney recommended changing the ordinance and asked for direction from the Board members. (2) Expressed support for placing an advertisement in the newspaper outlining the facts of the consolidation agreement. ---------------- 73 3 October 9, 1990 . - = Supervisor Eddy moved that the Board of Supervisors direct the County Administrator to take out a full page advertisement in the Roanoke Times and World News setting forth the basic details of the consolidation plan, questions and answers, inclusion of the statements from the board members that will appear in Roanoke County Today, and that the County Administrator be authorized to pursue a joint advertisement with Roanoke City. Supervisor Nickens offered a substitute motion to table the matter. The motion was denied by the following recorded vote: AYES: Supervisors Johnson, Nickens NAYS: Supervisors Eddy, McGraw, Robers Supervisor Eddy's original motion was ruled out of order by Chairman Robers based on the previous consensus by the board members that specific action will not be taken under Board Inquiries. (3) Supervisor Eddy advised that he felt the consolidation plan was negotiated in good faith and not sabotaged as expressed in the Roanoker Maqazine. (4) Asked Mr. Mahoney for an update on the smoking ordinance. Mr. Mahoney advised that it was his opinion that the enforcement issue must be resolved before an ordinance can be adopted. (5) Asked Mr. Mahoney to update the board on a neighborhood nuisance ordinance. Mr. Mahoney responded that this will be part of a noise ordinance in the new zoning ordinance. (6) Asked for an update on increased October 9, 1990 73 4 - fees for bingo and raffle permits. Mr. Mahoney advised that a - draft ordinance is being reviewed by staff and he will bring an ordinance to the Board for adoption on October 23, 1990 if the . review is complete. (7) Asked Mr. Hodge for further information on the County Siqnal slogan contest. Mr. Hodge will bring more information to the Board. SUDervisor McGraw: (1) Complimented the Zoning staff for recent increased enforcement acti vi ties. (2) Advised that the Virginia Association of Counties Search Committee will meet on October 12 in Charlottesville and review applications for the Executive Director. (3) Expressed support for the Explore Project even though he appointed a citizen who is opposed to the project to serve on the Explore CItizens Advisory Committee. (4) . Asked staff to meet with Roanoke County Airport CommiGsion members to put together a resume of qualifications for appointment to the Commission of an individual from the business community. Mr. Hodge responded he will bring back a report on October 23, 1990. (5) Expressed concern about the personal attacks being used in consolidation discussions. Supervisor Johnson: introduced David Higgins, a boy scout who was attending the meeting. SUDervisor Nickens: apologized to County employees regarding a letter he sent to them opposing consolidation and stated it was not his intent to offend any county personnel. 73 5 October 9, 1990 - SUPERVISOR ROBERS: (1) Announced he attended a conference in Atlanta with Japanese businessmen. (2) Asked that the County Attorney draft a letter of intent regarding allowing County teachers to remain in their current school if consolidation is approved. Mr. Mahoney will bring back a draft letter on October 23, 1990. Supervisor Johnson asked that the appropriate state code sections regarding this issue be included in the letter. IN RE: REPORTS Supervisor Johnson moved to receive and file the following reports. The motion carried by a unanimous voice vote. 1. Capital Fund Unappropriated Balance 2. General Fund Unappropriated Balance 3. Board Contingency Fund 4. Accounts Paid - Septe~ber 1990 IN RE: EXECUTIVE SESSION At 4:50 p.m. Supervisor Robers moved to go into Executive Session pursuant to the Code of Virginia 2.1-344 (a) (5) to discuss a prospective business or industry where no previous announcement has been made of the business' or industry's interest in locating in Roanoke County. The motion carried by the following recorded vote: . October 9, 1990 736 - AYES: Supervisors Eddy, McGraw, Johnson, Nickens, Robers - NAYS: None IN RE: CERTIFICATION OF EXECUTIVE SESSION R-10990-5 At 5:24 p.m., Supervisor Robers moved to return to Open Session and certify the Executive Session. The motion carried by the following recorded vote: AYES: Supervisors Eddy, McGraw, Johnson, Nickens, Robers NAYS: None RESOLUTION 10990-5 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 73 7 October 9, 1990 - 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 Robers to adopt resolution, carried by the following recorded vote: AYES: Supervisors Eddy, McGraw, Johnson, Nickens, Robers NAYS: None . IN RE: ADJOURNMENT At 5:25 p.m., Supervisor Johnson moved to adjourn. The motion carried by a unanimous voice vote. R~bers, Chairman .