1/9/1996 - Regular
January 9, 1996
21
~
Roanoke County Board of Supervisors
Roanoke County Administration Center
5204 Bernard Drive
Roanoke, Virginia 24018
January 9, 1996
The Board of Supervisors of Roanoke County, Virginia, met
this day at the Roanoke County Administration Center, this being the
second Tuesday, and the first regularly scheduled meeting of the month
of January, 1996.
IN RE:
CALL TO ORDER
Chairman Minnix called the meeting to order at 3: 01 p.m.
The roll call was taken.
KBHBERS PRESENT:
Chairman Bob L. Johnson, Vice Chairman Harry C.
Nickens, Supervisors Lee B. Eddy, Fenton F.
"Spike" Harrison, Harry C. Nickens
KBHBERS ABSENT:
None
STAFF PRESENT:
Elmer C. Hodge, County Administrator; Paul M.
Mahoney, County Attorney; Mary H. Allen, Clerk;
John M. Chambliss, Assistant County Administrator;
Don C. Myers, Assistant County Administrator;
Anne Marie Green, Director, Community Relations
IN RE:
OPENING CEREMONIES
The invocation was given by John M. Chambliss, Jr.,
Assistant County Administrator.
The Pledge of Allegiance was
recited by all present.
22
January 9, 1996
XU It!:.
BIUEF:IK~ OK 8KOW STORK
E
Mr. Hodge updated the Board on snow removal and
emergency services due to the major snow storm on January 6th and
7th. He advised that the staff and volunteers worked all
weekend; that refuse collection had been suspended for the week;
and that the County will be declaring an emergency situation.
IN RE: REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF
AGENDA ITEMS
Chairman Minnix advised that he has received requests
from citizens interested in the Marta Sayers rezoning (Item F-1
under Old Business) to continue this item until the next meeting
because they could not attend due to the weather. He moved to
defer this item. Supervisor Nickens advised that he had
reviewed the video of the December 12, 1995 Board Meeting; that
the public hearing was held on December 12, 1995, and that the
item was on the agenda for a vote only, not a public hearing.
Mr. Minnix's motion was defeated by the following recorded vote:
AYES: Supervisors Eddy, Minnix
NAYS: Supervisors Harrison, Nickens, Johnson
Mr. Mahoney added two items: (1) resolution declaring a
local emergency due to dangerous weather conditions; and (2) a
resolution supporting the legislative initiative of Roanoke City
to create a regional transportation district commission.
IN RE:
PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND AWARDS
January 9, 1996
23
-
1.
ReD""lyLl\,lU ue A~(,u;acia.tiuu tu H. udell uruzzv"
Xinnix for his service as 1995 Chairman of the
Board of SUDervisors.
R-010996-1
Chairman Johnson presented Supervisor Minnix with the
resolution and a clock.
Supervisor Minnix thanked the Board,
staff and Mr. Hodge for their support and leadership.
Supervisor Johnson moved to adopt the resolution. The
motion carried by the following recorded vote:
AYES:
Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS:
None
RESOLUTION 010996-1 OF APPRECIATION '1'0 H. ODELL "FUZZY"
XINNIX FOR HIS SERVICE AS 1995 CHAIRMAN OF THE BOARD
OP SUPERVISORS
WHEREAS, H. Odell "Fuzzy" Minnix served as Chairman of
the Roanoke County Board of Supervisors during 1995; and
WHEREAS, during Mr. Minnix's term as Chairman, the
County achieved a variety of accomplishments, including:
· Completion of the Spring Hollow Water System,
including installation of water transmission lines
serving the Southwest Roanoke County area;
· Ini tiation of a joint proj ect among the Valley
governments to create and protect greenways along
the Roanoke River and its tributaries;
· Implementation of the process to create a regional
stormwater management plan for the Roanoke Valley;
and
· Continuation of various intergovernmental meetings
and projects, including quarterly meetings with
other local governing bodies and leadership in the
statewide Urban Partnership project.
WHEREAS, Mr. Minnix also worked diligently during his
24
January 9, 1996
term to represent all the ci tizens of Roanoke County and to
promote regional projects which would benefit all the residents
of the Roanoke Valley.
NOW, THEREFORE, BE IT RESOLVED, that the Board of
Supervisors of Roanoke County, Virginia, does hereby extend its
deepest appreciation to H. Odell "Fuzzy" Minnix for his service
as Chairman during 1995 and for his belief in democracy and
participation by citizens in local government.
On motion of Supervisor Johnson to adopt the
resolution, and carried by the following recorded vote:
AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS: None
=
Â.!.. Recoanition by the virainia Association of
Counties of SUDervisor Bob L. Johnson for
comDletion of 10 years of service as a SUDervisor.
Mr. Hodge presented the framed certificate from VACo to
Supervisor Johnson.
~ Resolution and Certificates of ADDreciation to the
members of the Roanoke County visionina steerinq
Committee.
R-010996-2
Chairman Minnix presented certificated to those members
of the committee who were present.
Supervisor Eddy moved to adopt the resolution. The
January 9, 1996
25
-
motion carried by ~ne rOiiow1ng recoraea vote:
AYES:
Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS:
None
RESOLUTION 010996-2 OF APPRECIATION TO THE MEMBERS OP
THE ROANOKE COUNTY VISIONING STEERING COMMITTEE
WHEREAS,
in March 1995, the Roanoke County Board of
Supervisors created a Visioning steering Committee to guide the
process of providing a vision for Roanoke County in the year 2010
which could be used as a springboard for updating the County's
Comprehensive Plan; and
WHEREAS, The Board of Supervisors appointed members to
this committee from a variety of areas of the Roanoke Valley,
representing various communities, professions and interests; and
WHEREAS,
the Steering Committee met 18 times, and
spent over 45 hours in creating and guiding the visioning
process; and
WHEREAS,
the members of the Steering Committee also
met with the focus groups, spending additional time and effort in
creating the vision statements for the individual topics in the
report; and
WHEREAS,
the Steering Committee was successful in
completing a report which represents the input of over 300
citizens and creates a blueprint for the future of Roanoke
County.
NOW, THEREFORE, BE IT RESOLVED,
that the Board of
Supervisors of Roanoke County, Virginia does hereby extend its
26
January 9, 1996
åeepes't. app:r ec;ið. t.1.Vl1 Lv ð'11ll 8aa.,¡; i:I, ChAi.L"IIIAU, and the members OJ:
.--
==
the Visioning steering Committee: Ron Adkins, Evelyn Ball, Rupert
Cutler, Barbara Duerk, Joan Furbish, Eldon Karr, Martha Mackey,
Roger O'Dell, winton Shelor, Phyllis Tilden, Rick Whitney, Robert
Williams, and Don Witt for their time, energy, enthusiasm and
creativity in providing a plan for the future of the County; and
BE IT FURTHER RESOLVED,
that the Board of Supervisors
looks forward to beginning the implementation process of the
vision of Roanoke County as developed by the Visioning Steering
Committee.
On motion of Supervisor Eddy to adopt the resolution,
and carried by the following recorded vote:
AYES:
Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS:
None
IN RE:
NEW BUSINESS
~ Resolution in SUDDort of the location of the Blue
Ridae visitors Center on the Roanoke River
Parkway. (Elmer C. Hodae, County Administrator)
R-010996-3
Mr. Hodge advised that over the last several months,
representatives from various locali ties and organizations have
been meeting to address the need for a visitor center along the
Parkway.
The group is now requesting regional support of the
Roanoke River Parkway site (Site #5) as the preferred location of
the center instead of the Record of Decision site #3 (Hammond
January 9, 1996
27
= 5itè). Mì.. Hvd':ft:: c:u:õÀt::ù Lhc:tL the ~oard adopt the resolution and
forward it along with copies of resolutions received from the
other regional groups to the federal legislators representing the
Roanoke Valley.
Supervisor Eddy requested that copies of the
resolution also be sent to the Superintendent of Blue Ridge
Parkway and Director of Park Services.
Supervisor Nickens moved to adopt the resolution. The
motion carried by the following recorded vote:
AYES:
Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS:
None
RESOLUTION 010996-3 SUPPORTING THE LOCATION
OP THE BLUE RIDGE VISITORS CENTER ON THE
ROANOKE RIVER PARKWAY
WHEREAS the local governments and groups interested in
promoting economic development and tourism in the Roanoke Valley
have long endorsed the construction of a major tourist visitor
information center adjacent to the Blue Ridge Parkway between the
parkway's intersections with u.s. 220 and State Route 24; and
WHEREAS the National Park Service's planning and
environmental
impact
assessment
process
associated
with
construction of the Roanoke River Parkway included detailed
consideration of alternative locations for such a visitor center
and resulted in the identification of the "best" two sites for
this purpose, one on private property on the north side of the
Roanoke River east of the parkway near the Roanoke River bridge
and the other on pUblic land on the south side of the river (on
former regional landfill property); and
28
January 9, 1996
W!lmlU~ Lht:: t::vuluLluu ul Lht:: plans lor the Roanoke
River Parkway resulted in a change in the new parkway's final
location from the north side of the river to the south side of
the river, leaving the privately owned visitor center site on
the north side of the river inaccessible without the construction
of another road connection to the Blue Ridge Parkway, while the
publicly owned visitor center site on the south side of the river
will be easily accessed as soon as construction of the Roanoke
River Parkway, now under construction, is completed; and
WHEREAS an ad hoc advisory committee comprised of
representatives of the National Park Service, Roanoke County,
city of Roanoke, City of Salem, Town of Vinton, Roanoke Valley
Convention and visitors Bureau, Fifth Planning District
Commission, Salem-Roanoke County Chamber of Commerce, Roanoke
Regional Chamber of Commerce, Friends of the Blue Ridge Parkway,
the Virginia Division of Tourism, and Virginia's Explore Park
recently has concluded that the Blue Ridge Visitor Center should
be built on the site on the south side of the river adjacent to
the Roanoke River Parkway.
THEREFORE BE IT RESOLVED by the Board of Supervisors of
Roanoke County, Virginia as follows:
1. That the Board of Supervisors endorses the
committee's recommendation for construction of the Blue Ridge
Visitor Center on the Roanoke River Parkway, and supports prompt
construction of this visitor center at this site; and
2. That the Clerk to the Board transmit this
L.
January 9, 1996
29
-
resolution 1:0 the memDers or tne Un1 ted States Congress who
represent Roanoke County together with a covering letter
acknowledging that the cost of building and operating such a
center will be the joint responsibility of the federal government
and local entities; and
3. That the Clerk to the Board forward copies of this
resolution to the other Roanoke Valley governing bodies
requesting that the adopt a similar resolution; and
4. That the Board of Supervisors supports provision of
interim visitor center services in a bu~lding eventually destined
for another use within Virginia's Explore Park.
On motion of Supervisor Nickens to adopt the
resolution, and carried by the following recorded vote:
AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS: None
Â.!.. ADDointments of Board Members to Committees.
Commissions and Boards.
A-010996-4
Supervisor Harrison was appointed to the Fifth Planning
District Commission replacing Supervisor Minnix.
Supervisor Minnix was appointed to the Audit Committee
replacing former Supervisor Ed Kohinke.
Supervisor Johnson moved to confirm the appointments.
The motion carried by a unanimous voice vote.
BOARD OF SUPERVISORS COMHITTEE ASSIGNKEH'l'S
30
January 9, 1996
~~~{)
'--
LEE B. EDDY
Clean Valley Council (2-year term expires 6/30/97)
Fifth Planning District Commission (3-year term expires
6/30/96)
5PDC, Rural Transportation Advisory Committee
(Bus/Citizen)
Recycling Advisory Committee
FENTON F. HARRISON
Fifth Planning District Commission (three-year term
expiring 6/30/98)
BOB L. JOHNSON
Chairman)
Audit Committee
Roanoke Regional Airport Commission (4-year term
expires 2/10/98)
Total Action Against Poverty Board of Directors (2-year
term expires 5/5/96. BLJ appointed Mrs. Elizabeth
stokes as his designee.)
Virginia Association of Counties Liaison (As Chairman)
Roanoke Valley Economic Development Partnership (As
H. ODELL MINNIX
Social Services Advisory Board (4-year term expires
8/1/98)
Audit Committee
HARRY C. NICKENS
Court Community Corrections Policy Board (3-year term
expires 12/31/97)
Roanoke Valley Regional Cable Television Committee
Roanoke County Cable Television Committee
Legislative Liaison to Virginia Association of Counties
(As Vice-Chairman)
~ Resolution ratifvina the declaration of a local
emeraencv for the County of Roanoke due to
January 9, 1996
31
:::::=J
danaeroui:I _~G Lh~.L \,;\,11141 L1uu:I.
(Þaul Mahonev,
County Attornev_
R-010996-5
Supervisor Johnson moved to adopt the resolution. The
motion carried by the following recorded vote:
AYES:
Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS:
None
RESOLUTION 010996-5 RATIFYING THE DECLARATION
OF A LOCAL EMERGENCY FOR THE COUNTY OF
ROANOKE, VIRGINIA DUE TO DANGEROUS WEATHER
CONDITIONS
WHEREAS, the Director of Emergency Services declared,
with the consent of the Board of Supervisors, a local emergency
on January 6, 1996, and
WHEREAS, the Board of Supervisors of the County of
Roanoke, Virginia does hereby find that due to heavy snow and
blizzard conditions on January 6 and 7, 1996, the County of
Roanoke is facing dangerous winter weather conditions, and
WHEREAS, due to the heavy snow, a condition of extreme
peril of life and property necessitates the proclamation of the
existence of an emergency;
NOW, THEREFORE, IT IS HEREBY PROCLAIMED that an
emergency now exists throughout Roanoke County, and said
declaration of emergency is hereby ratified and confirmed, and
IT IS FURTHER PROCLAIMED AND ORDERED that during
existence of said emergency the powers, functions, and duties of
the Director of Emergency Services and the Fire and Rescue
32
January 9, 1996
Dep axt»:ìQllt 'Of tI1Q c~ ~llty ùf R.V..IlUt_1II ~ll.ll 14. lllU~Y {ilL ~~ur ihod by
;::=
=
state law and the ordinances, resolutions and approved plans of
the county of Roanoke in order to mitigate the effects of said
emergency.
On motion of Supervisor Johnson to adopt the
resolution, and carried by the following recorded vote:
AYES:
Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS:
None
IN RE:
OLD BUSINESS
~ ordinance to Rezone 1.146 acres from R-1 and C-1
to R-1 and C-2 to oDerate a Dersonal services
facility located at 3143 Brambleton Avenue. Cave
SDrina Maaisterial District. UDon the Detition of
Marta Savers. (Terrv Harrinaton. Plannina and
Zonina Director) (CONTINUED FROM DECEMBER 12. 1995
BECAUSE OF A TIE VOTE OF THOSE MEMBERS PRESENT)
0-010996-6
This request was brought to the Board because of a tie
vote on the issue on December 12 with Supervisor Nickens absent.
Supervisor Nickens advised that he had reviewed the video of the
meeting and the information included in the packet. Newly
elected Supervisor Harrison was present at the December 12
meeting and was also aware of the issue.
Supervisor Minnix moved to deny the rezoning. The
motion was defeated by the following recorded vote:
January 9, 1996
33
=
AYBt;;:
tJupexvisors .t:ddy, Mil1l1ix
NAYS:
Supervisors Harrison, Nickens, Johnson
Supervisor Johnson moved to approve the rezoning and
adopt the ordinance.
The motion carried by the following
recorded vote:
AYES:
Supervisors Harrison, Nickens, Johnson
NAYS:
Supervisors Eddy, Minnix,
Supervisor Nickens asked that the Planning Commission
look at uses for C-1 zoning versus C-2 zoning and bring back
recommendations to the Board.
ORDINANCE 010996-6 '1'0 CHANGE THE ZONING
CLASSIFICATIOH OF A 1.146-ACRE TRACT OF REAL
ESTATE LOCATED AT 3142 BRAKBLETON AVENUE (TAX
HAP NO. 77.10-2-6) CAVE SPRING MAGISTERIAL
DISTRICT FROM THE ZONING CLASSIFICATION OF R-
1 AND C-1 '1'0 THE ZONING CLASSIFICATION OF R-1
AND C-2, WITH CONDITIONS, UPON THE
APPLICATION OP MARTA SAYERS
WHEREAS, the first reading of this ordinance was held
on October 24, 1995, and the second reading and public hearing
were held December 12, 1995; action resulted in a tie vote with
one Supervisor absent and this issue was continued until January
9, 1996; and
WHEREAS, the Roanoke County Planning Commission held a
public hearing on this matter on November 6, 1995; 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:
34
January 9, 1996
1_
That th& zonin9 cl.~&ificãtion of a certain tract
=
of real estate containing 1.146 acres, as described herein, and
located at 3142 Brambleton Avenue (Tax Map No. 77.10-2-6) in the
Cave Spring
Magisterial District, is hereby changed from the
zoning classification of R-1 and C-1, Low Density Residential
District and Office District, to the zoning classification of R-1
and C-2, Low Density Residential District and General Commercial
District.
2. That this action is taken upon the application of
Marta Sayers.
3. That the owner of the property has voluntarily
proffered in writing the following conditions which the Board of
Supervisors of Roanoke County, Virginia, hereby accepts:
(1) That the use of the property will be limited
to:
(A)
All uses permitted
in a C-l
District.
(B)
Personal service uses as set forth
in C-2, provided further that
personal service uses shall be
further limited by the exclusion of
the following uses: grooming of
pets, seamstress, tailoring, shoe
repair, florists, laundromats and
dry cleaning stations.
(2) The hours of operation shall be limited to
8:30 a.m. to 7:00 p.m., Monday through
Friday, and 8:30 a.m. to 2:00 p.m. on
Saturday.
(3) No modifications will be made to the exterior
of the premises except for normal and routine
maintenance.
follows:
4. That said real estate is more fully described as
January 9, 1996
35
--¡
BE6ImUNB aL all iLVIl !Jill d~::dYIld.tt:::d (1) on the
southerly side of Brambleton Avenue (80 feet wide)
which point is corner to property of William &
Elizabeth B. Watts (Tax Parcel 77.10-2-32); thence
leaving Brambleton Avenue and with the line of said
Watts, S. 48 deg. 59' 00" E. 267.05 feet to an old pin
designated (2) on line of property of Theodore J.
Shulkcum, III and Kathy S. Shulkcum (Tax Parcel 77.10-
2-35); thence with the same S. 22 deg. 13' 00" W. 43.38
feet to a pin set at (3); thence leaving Shulkcum and
with two new lines, S. 77 deg. 23' 38" W. 121.36 feet
to a pin set at (14); thence S. 53 deg. 07' 59" W.
159.78 feet to a pin set at (6) on the line of property
of John L. Eby, Jr., et ux. (Tax Parcel 77.10-2-9);
thence with the same N. 38 deg. 23' 46" W. 30.28 feet
to an old pin at (7); thence N. 89 deg. 58' 37" W.
114.15 feet to an old pin at (8) corner to property of
A. T. Williams Oil Co., Inc. (Tax Parcel 77.10-2-5);
thence with the same N. 37 deg. 22' 53" E. 105.39 feet
to an old pin at (9); thence N. 52 deg. 24' 43" E.
91.56 feet to an old pin at (11); thence N. 34 deg. 18'
39" W. 23.13 feet to an old pin at (12); thence N. 42
deg. 15' 39" W. 72.14 feet to an old pin at (13) on the
southerly side of said Brambleton Avenue; thence with
the same N. 54 deg. 32' 39" E. 28.98 feet to the Place
of Beginning and being New Tract M7AM containing 1.146
acres.
5. 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 Harrison, Nickens, Johnson
NAYS:
Supervisors Eddy, Minnix
36
January 9, 1996
-
L.
RAgA.lU~iAJ!I g"I!III!IIA'P'~; J!lt'I' 't:)la 1 Aft; "'1 ,,~; -... ; '1'1" +.. e.+i ve
E
of the city of Roanoke to create a Reaional
Trans~ortation District commission.
(Paul M.
Mahoney. County Attorney)
R-010996-7
Mr. Mahoney reported that the Roanoke City Council has
adopting a resolution expressing its intent to join with the
County to form a regional transportation district, and this
resolution will support the City's legislative initiative in the
General Assembly.
The legislation would authorize a tax of 2%
of the retail price of motor vehicle fuels in a transportation
district. In response to questions, Mr. Mahoney advised that the
agreement with the City should be brought to the Board on January
23; that the GRTC would continue to remain under the control of
Roanoke City Council; and that he did not believe that the
Regional Airport Commission could participate in this district
because the tax was for motor vehicle fuel only.
Supervisor Nickens asked Mr. Mahoney to determine
whether the tax on gasoline would be 2 percent or 2 cents.
Supervisor Nickens moved to adopt the resolution. The
motion carried by the following recorded vote:
AYES:
Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS:
None
RESOLUTION 010996-7 IN SUPPORT OF THE
LEGISLATIVE INITIATIVE OF THE CITY OF ROANOKE
'1'0 CREATE A REGIONAL TRANSPORTATION DISTRICT
COKKISSION
WHEREAS, on December 11, 1995, the City Council for the
January 9, 1996
37
===:¡
city vi KOðuvÀ.t::: a\lv.I:JLt:::d ftt:::::>uluL.iun Mu. 32771-121195 expressing
its intent to join with the County of Roanoke and/or the City of
Salem to form a multi-member regional transportation district
commission to preserve and expand the mass transit system within
the district and to urge the General Assembly to authorize a
sales tax of 2% of the retail price of motor vehicle fuels sold
within such transportation district; and,
WHEREAS, staffs of the City of Roanoke and the County
of Roanoke have commenced the development of an agreement to
implement the terms and provisions of a transportation district
commission for the Roanoke Valley, including the allocation of
all the proceeds of said tax derived from each participating
jurisdiction to each participating jurisdiction to be used for
any transportation purposes, limitations upon incurring expenses,
the creation of debt and acquisition of capital assets by said
transportation district commission; and,
WHEREAS, the Board of Supervisors of Roanoke County
expresses its support for this legislative initiative and for an
agreement between the City and County to create a transportation
district commission for the Roanoke Valley.
BE IT RESOLVED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1) That the County of Roanoke supports the
legislative initiative of the City of Roanoke to create a
regional transportation district commission and to amend the
appropriate sections of the Code of Virginia, (1950), as amended,
38
January 9, 1996
to permit any transporta~ion ais~r1c~ comm1SS1on establ1shed 1n
r---
=
the Roanoke Valley to obtain all the benefits provided by law,
including the authorization of a sales tax of 2% on the retail
price of motor vehicle fuels sold within such transportation
district.
2) That the Clerk to the Board of Supervisors is
directed to transmit attested copies of this Resolution to the
Clerks of the City Councils of Salem and Roanoke and Town Council
of Vinton, and to the members of the General Assembly from the
Roanoke Valley.
On motion of Supervisor Nickens to adopt the
resolution, and carried by the following recorded vote:
AYES:
Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS:
None
IN RE:
PUBLIC HEARING
~ Public HearinQ' and resolution for two Intermodel
Surface TransDortation Enhancement Act (ISTEA)
arant aDÞlications as follows:
~ Submitted bv the Hanaina Rock Battlefield
Trail.
Phase
II.
Catawba
Maaisterial
District.
(Tim Gubala. Economic DeveloÞment
Director)
R-010996-8
Mr. Gubala advised that the Hanging Rock Battlefield
and Railway Preservation Foundation was recently awarded $549,000
January 9, 1996
39
-
of I~YEA. fuudQ Ly Lht= VILylulct Depart.ment or ·l:ransport:at:~on t:o
construct the Roanoke Valley's first greenway.
The Foundation
has now developed a Phase II list of projects for a 1996 grant
application.
They will use private funds, in-kind services,
donated land and easements as the 20% match.
Supervisor Eddy suggested deleting paragraph 2 in the
resolution and adding language that the public hearing had been
held.
There were no citizens to speak and Supervisor Harrison
moved to adopt the resolution as amended by Supervisor Eddy
deleting the second WHEREAS clause and adding language from
Resolution in 1.b. The motion carried by the following recorded
vote:
AYES:
Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS:
None
RESOLUTION 010996-8 APPROVING THE SUBMISSION
OF AN ISTEA TRANSPORTATION EHHANCEKEN'l'
PROGRAM APPLICATION FOR THE HANGING ROCK
BATTLEFIELD TRAIL, PHASE II
BE IT RESOLVED by the Board of Supervisors of Roanoke
County, Virginia:
WHEREAS, in accordance with Commonwealth Transportation
Board construction allocation procedures, it is necessary that a
request by resolution be recei ved from the local government in
order that the Virginia Department of Transportation program an
enhancement project in the County of Roanoke, Virginia.
WHEREAS, a public hearing was duly advertised and held
on January 9, 1996 to elicit citizen comment on this project.
40
January 9, 1996
If OW , 'fK:!ft:!FO~]!;, B]!; IT R]!;50LV]!;D, that the l,;oum:y o:r
Roanoke, Virginia, requests the Commonwealth Transportation Board
to establish the following improvement project:
Hanging Rock Battlefield Trail, Phase II
BE IT FURTHER RESOLVED, that the County of Roanoke,
virginia, is assured that the Hanging Rock Battlefield and
Railway Preservation Foundation has identified a match of 20% of
the total cost for planning and design, right of way, and
construction of this proj ect with donated land and easements,
private funds, and in-kind services. And, if the County of
Roanoke, Virginia, or the Hanging Rock Battlefield and Railway
Preservation Foundation subsequently elects to cancel this
project, the County of Roanoke, Virginia, and/or the Foundation,
hereby agrees to reimburse the Virginia Department of
Transportation for the total amount of the costs expended by the
Department through the date the department is notified of such
cancellation.
On motion of Supervisor Harrison to adopt the
resolution as amended by supervisor Eddy, and carried by the
following recorded vote:
AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS: None
-
~ Submitted bv the Roanoke County P1annina
DeDartment Hollins Maaisterial District for
landscaDe and streetscaDe enhancement of five
January 9, 1996
41
-
~ooaL1oui:l wlLhlu ~ua.uu~a County. three or
which are adiac8nt to Botetourt County.
(Terrv Harrinaton.
Plannina
and
Zonina
Director)
R-010996-9
Mr.
Harrington
advised
that
this
ISTEA
grant
application is for landscape and streets cape enhancement of five
locations within North Roanoke County, three of which are
adjacent to Botetourt County.
Botetourt County has agreed to
participate with the County in the 20 percent match for the areas
adjacent to Botetourt County. No new funding is required. Mr.
Harrington advised that the County must apply by the end of
January for the grant.
There were no citizens to speak, and Supervisor Johnson
moved to adopt the resolution.
The motion carried by the
following recorded vote:
AYES:
Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS:
None
RESOLUTION 010996-9 REQUESTING THE
COKKONWBALTH TRANSPORTATION BOARD '1'0
ESTABLISH A PROJECT FOR THE IMPROVEMENT OF
THE LANDSCAPE AND STREETSCAPE ENHANCEMENT OF
FIVE LOCATIONS
WHEREAS,
in
accordance
with
Commonwealth
Transportation Board construction allocation procedures, it is
necessary that a request by resolution be received from the local
government or state agency in order that the Virginia Department
of Transportation program an enhancement project in the County of
42
January 9, 1996
-
Jl~ I.IIQ]:,Q, 'liL ~ Iflia, ant!
-
WHEREAS, a public hearing was duly advertised and held
on January 9, 1996 to elicit citizen comment on this project.
NOW, THEREFORE, BE IT RESOLVED that the Board of
Supervisors of Roanoke County, Virginia requests the Commonwealth
Transportation Board to establish a project for the improvement
of the Landscape and Streetscape Enhancement of five locations
within Roanoke County, three of which are adjacent to Botetourt
County.
BE IT FURTHER RESOLVED, that the Roanoke County Board
of Supervisors hereby agrees to pay 20 percent of the total cost
of planning and design, right of way, and construction of this
project, and that, if the Roanoke County Board of Supervisors
subsequently elects to cancel this proj ect, the Roanoke County
Board of Supervisors hereby agrees to reimburse the Virginia
Department of Transportation for the total amount of the costs
expended by the Department through the date the Department is
notified of such cancellation.
On motion of Supervisor Johnson to adopt the
resolution, and carried by the following recorded vote:
AYES:
Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS:
None
IN RE:
FIRST READING OF ORDINANCES
~ Ordinance vacatina a 50 foot unimDroved riaht-of-
way referred to as Granville street which is
January 9, 1996
43
-
---
lucaLad bat.een the intersections or Nor~nwav
Drive (Route 1820) and Chester Drive (Route 1857)
for aDDroximatelV 400 feet in lenath. as recorded
in Plat Book 3. paae 20. and located in the
Hollins Maaisterial District.
(Arnold Covey.
Director of EnaineerinQ , InsDections)
Mr. Covey reported that the petitioner, Stanley
Birckhead, is the owner of four parcels adjacent to Granville
street and he is requesting the vacation so he may re-subdivide
his lots into 3 lots with street frontage on Chester Drive.
Supervisor Johnson moved to approve the first reading
and set the second reading and public hearing for January 23,
1996. The motion carried by the following recorded vote:
AYES: Supervisors Minnix, Harrison, Nickens, Johnson
NAYS: None
ABSTAIN: Supervisor Eddy
Â.!.. Ordinance authorizina the acauisi tion of certain
interests in real estate for a well lot in
Brookwood Subdivision.
(Paul Mahoney.
County
Attornev)
Mr. Mahoney advised that this ordinance reflects staff
negotiations to resolve the dispute regarding an existing well
lot located off Woodbrook Drive. A portion of the well lot was
never conveyed to the County and the County has negotiated with
the owners for acquisition. Part of the well lot is owned by
44
January 9, 1996
Mi~b.a.l 11 Frank and the remaiull..L k} Jla.Lilll 5. JhU.L.it"H~H. 9H -
December 12, 1995, the Board adopted a resolution authorizing the
commencement of eminent domain proceedings for the acquisition of
the parcel. Staff continued to negotiate after the December 12
meeting, and Mr. Frank and Ms. Harrison have agreed to delay
using their property for horticultural purposes, but are
interested in acquiring the entire well lot when it is declared
surplus.
Mr. Mahoney offered several alteratives to resolve this
issue. He recommended that the Board grant to Mr. Frank and Ms.
Harrison a credit in the amount of $3,000 to be used for an offer
from them to purchase the well lot when it becomes surplus. If
the offer submitted by them is not the highest, then the Board
agrees to pay $100 to Mr. Frank and $1,360 to Ms. Harrison to
compensate them for the County use of their real estate. In
exchange, Mr. Frank and Ms. Harrison would grant the County the
right to use the section of land for public water until the North
Loop Water Transmission line is operational. Mr. Mahoney
explained that with this alternative, there is no direct
financial exchange.
Supervisor Eddy expressed concern about the unfair
advantage Mr. Frank and Ms. Harrison would have to purchase the
well lot when it became surplus. He felt more comfortable with
Alternative #2 which would authorize the acquisition of the
parcel with $400 paid to Mr. Frank and $2,100 paid to Ms.
Harrison. He moved to approve the first reading using Alternative
January 9, 1996
45
,-¿ in ordin.ance aha hot Alt.c.Lua.t..ivc #1, a.ud ~et. Lhe second
reading for January 23, 1996.
The motion carried by the
following recorded vote:
AYES:
Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS:
None
IN RE:
SECORD READING OF ORDINANCES
~ Ordinance amendina and reenactina the Roanoke
County Zonina Ordinance. 0-82592-12. to define
binao halls/rooms as Dermitted use with a SDecial
Use Permit UDon the Detition of the Roanoke County
Plannina Commission. (Terrv Harrinaton. Director
of Plannina , Zonina)
0-010996-10
Mr. Harrington advised that this ordinance adds bingo
and similar games by Special Use Permit in C-2 General Commercial
Districts under Commercial Indoor Amusement.
Supervisor Johnson moved to adopt the ordinance. The
motion carried by the following recorded vote:
AYES:
Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS:
None
ORDINANCE 010996-10 AMENDING AND REENACTING ORDINANCE
82592-12, THE ZONING ORDINANCE FOR ROANOKE COUNTY, BY
THE ADOPTION OP CERTAIN PROVISIONS CONCERNING
COMKERCIAL INDOOR AMUSEMENTS IN THE VARIOUS ZONING
DISTRICTS OF THE COUNTY
WHEREAS, on August 25, 1992, the Board of Supervisors
of Roanoke County, Virginia, adopted Ordinance 82592-12 which
46
January 9, 1996
,-
enae:~ed a ne;,w l;oning o1:dil1ð.h('ê LVL Kvauvkc CvyuLy, and,
-
WHEREAS, the Planning commission for Roanoke County
held its public hearing on this amendment on December 5, 1995,
and has recommended approval of the ordinance adopting these
amendments to the Board of Supervisors of Roanoke county,
Virginia; and,
WHEREAS,
in the
interest
of
pUblic
necessity,
convenience, general welfare, and good zoning practice, the Board
of Supervisors hereby amends certain provisions concerning
commercial indoor amusements in the various zoning districts of
the County; and
WHEREAS, legal notice and advertisement has been
provided as required by law, and that the first reading and
public hearing of this ordinance was held on December 12, 1995;
and the second reading was held on January 9, 1996.
BE IT ORDAINED, by the Board of Supervisors of Roanoke
County, Virginia, that the Zoning Ordinance for Roanoke County,
adopted on August 25, 1992, be, and hereby is, amended and
reenacted, as follows:
1. That Section 30-29-5, Commercial Use Tvpes be
amended by the addition and modification of the use type
descriptions for commercial indoor amusement as follows:
ARTICLE II
DEFINITIONS AND USE TYPES
SEC. 30-29
USE TYPES; GENERALLY
Sec. 30-29-5
Commercial Use TVDes
COMMERCIAL INDOOR AMUSEMENT
Eotablicflmcnta wftieå
January 9, 1996
47
~
f,1.ð.id...
__lL~~l...
~_lll
Upt;rdt.~t1
aJRu!Jcmcft1:.
ar
cfttcrtaiameftt de7iccs ar maohiftcs aa athcr thaft aft
iftcidcfttal UDe af the prcmiaeD.
£>1::1oh de....ice6 9.\e1::11à
iftoludc pinsall machiftea, 7idca ~amca, aftd other ~ames
of o)dll or seerift~, aftà \¡e1::11à iftcludc peel aftà/ar
silliard taèleD, whether er ftet they are caift eperateà.
Typioal uaea iftclude ~ame reams, silliard aftà peel
halls, aftà videe aroaàc6. :tlilli..~11i.ñ.j1illill.
1.lill¡¡1¡i¡šiIJii:i1¡¡:lfJllliilil¡¡ill:I~I::ëI1iiËI1111¡:¡¡¡¡iigltl.J~_
.1~.:i.ñlfill:¡:¡¡:¡¡litili§I:¡¡:¡¡ltill::¡ëiilæil~:i¡¡n:~tli.~:Ilãimllll!§'J:~j
'JñlI~l'J¡¡Igpll::¡:¡¡:II;lši¡:ilili,ii~l~¡¡:¡::::*itêlm¡¡¡[¡';ñl]¡i¡¡::lli,;¡I!J.j¡f1~.Ui
.11'llall.iIIIillI.~I~rl:iIJ~DfiIB;I~iBli._~\.
.1ª11¡¡¡:¡~!i:m::i§I¡¡(11¡gll:¡~_:¡¡l~liDJ¡¡::*I.il~i!:f¡m:¡:.i¡¡f¡i.§I:_
"1:fJm¥¡¡iil.I§¡g¡;I¡III:m¡:~III.i.::¡t¡¡¡liËI¡.i¡~:¡:¡I¡¡¡Jf~¡*.æ.lr:~
.11.¡*lli..li~[I..i¡1¡BIJIJU¡¥lil~II]¡1~.illf:fÆ.I.iI1_
.11~êllW;iIIJi¡
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.
On motion of Supervisor Johnson to adopt the ordinance,
and carried by the following recorded vote:
AYES:
NAYS:
Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
None
IB RE:
APPOINTMENTS
48
January 9, 1996
1.
Blue RidQe Community öervices
~
Supervisor Minnix nominated J. William Pistner to serve
another three-year term which will expire December 31, 1998.
IN RE:
CONSENT AGENDA
R-010996-11
Supervisor Minnix moved to adopt the resolution after
discussion of Item 2.
The motion carried by the following
recorded vote:
AYES:
Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS:
None
RESOLUTION 010996-11 APPROVING AND CONCURRING
IN CERTAIN ITEMS SET FORTH ON THE BOARD OF
SUPERVISORS AGENDA FOR THIS DATE DESIGNATED
AS ITEM M - 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 January 9, 1996 designated as Item M-
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. Request for Appropriations to the School Operating
and Grant Funds from the Virginia Commission for
the Arts, the Virginia Department WorkKeys pilot
Project, the Department of Education School-to-
Work Program and donations from the Education
Foundation.
2. Request from the Police Department for acceptance
of a Grant from the Department of Criminal Justice
Services for Incident Based Reporting.
January 9, 1996
49
-
:s .
DVllaL.ivll vI =:¡alllLaLY =:¡~w~r and dra1na~è easemen-cs
in connection with development of a lot on Lynnson
Drive owned by James K. Penn and Cheryl Walker
Penn.
4. Donation of sanitary sewer easements in connection
with development of Section No. 9 SteepleHunt of
Canterbury Park.
S. Reaffirmation of appointment of Economic
Development Director Timothy Gubala to the
Southwest Development Financing Board of
Directors.
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 Minnix to adopt the resolution,
and carried by the following recorded vote:
AYES:
Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS:
None
IN RE:
REPORTS AHD INQUIRIES OF BOARD MEMBERS
SUDervisor E4dv:
(1) He received a letter from
Delegate Dillard suggesting support for a small claims court in
Roanoke County and discussed the issue wi th Mr. Mahoney. Mr .
Mahoney advised that he had forwarded the letter to the Chief
Judge of General District Court and had not received a response.
Supervisor Eddy asked Mr. Mahoney to contact the Chief Judge
again.
(2)
He asked about the revision to the swimming pool
ordinance. Mr. Mahoney advised that the County staff is working
with the Health Department and they will have a revised ordinance
50
January 9, 1996
r':-i ~r to the svimming p~ ~ 1 sea. Qll
(])
MQ ll.~ .L ywui .. wd
-
-
complaints about snow removal by the Virginia Department of
Transportation and suggested that it would be appropriate to
express concern about reallocating resources or establishing
priorities. Mr. Hodge advised that he will meet with VDOT, the
Police Department, and Fire and Rescue to set possible priorities
for snow removal.
(4)
He advised that at the January 2
organizational meeting, the Board set the meeting in November for
November 19 which is a four-week interval between board meetings,
and suggested November 12.
Mr. Hodge advised that Virginia
Association of Counties annual conference is on that date. There
was no consensus to change the meeting date.
sUDervisor Minnix:
( 1)
He thanked the Board for the
resolution and clock and expressed appreciation to everyone for
their support during his term as chair.
(2)
He asked for an
update on the pumping at Spring Hollow Reservoir. Gray Robertson
updated the Board members on the progress at the reservoir and
plans for its recreational use.
Communi ty Relations Director
Anne Marie Green also updated the Board on the grand opening of
the water treatment plant on January 13, 1996.
SUDervisor Harrison:
He advised the Board that he
~
would not wear a sweat suit to meetings in the future but that he
had to walk in the snow to get a ride to the meeting.
SUDervisor Nickens:
He commended VDOT and County
employees including Fire and Rescue, Police Dept., Parks and
Recreation and others for their hard work and dedication during
January 9, 1996
51
- 1:n~ r~cêht; snow st;UL!U. 1ft:: ::ouyyt::::oLt::d cUI CIL Llc.;le be placed in the
employee newsletter thanking them for their efforts.
SUDervisor JOhnson: He announced that the airport had
opened today after being closed because the heavy snow.
IN RE:
REPORTS
Supervisor Minnix moved to receive and file the
fOllowing reports after discussion of Item 5. The motion carried
by a unanimous voice vote.
ÅL General Fund UnaDDroDriated Balance
~ Caoital Fund UnaDorooriated Balance
~ Board Continaencv Fund
h Statement of Estimated Revenues aDd EXDenditures
as of November 30. 1995
~ UDdate on uDarade of the reaional wastewater
treatment Dlant and maior interceDtor lines
IN RE:
WORK SESSION
ÅL Joint Work Session with the Roanoke Valley Area
MetroDolitan Plannina Oraanization to discuss
reaional transoortation Dlannina issues
The work session was postponed because of the inclement
52
January 9, 1996
weaLher.
~
IN RE:
EXECUTIVE SESSION
The executive session scheduled pursuant to the Code
of Virginia section 2.1-344 A (1) to discuss a personnel issue
regarding compensation and appointment of personnel, was not
held.
IN RE:
ADJOURNMENT
At 4: 35 p.m., Chairman Johnson declared the meeting
adjourned.
Submitted by,
~yt/.~
APproved~
!~
Mary H. Allen, CMC
Clerk to the Board
. on