1/23/1996 - Regular
January 23, 1996
53
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Roanoke County Board of Supervisors
Roanoke County Administration Center
5204 Bernard Drive
Roanoke, Virginia 24018
January 23, 1996
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 January, 1996.
IN RE:
CALL TO ORDER
Chairman Johnson called the meeting to order at 3: 00 p.m.
The roll call was taken.
MEMBERS PRESENT:
Chairman Bob L. Johnson, Vice Chairman Harry C.
Nickens, Supervisors Lee B. Eddy, Fenton F.
"Spike" Harrison, H. Odell "Fuzzy" Minnix
MEMBERS 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 the Reverend Becky Proctor,
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January 23, 1996
Associate Minister, Rosalind Hills Baptist Church. The Pledge of
Allegiance was recited by all present.
IN RE: REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF
AGENDA ITEMS
Mr. Hodge added the first reading of an amendment to
the Zoning Ordinance regarding halfway houses.
IN RE:
NEW BUSINESS
~ Amendments to the Lenqth of Service Awards Proqram
for the Volunteer Fire, Rescue and Auxiliary
Police Personnel. (Amv Shelor, Fire and Rescue
Volunteer Coordinator)
A-012396-1
Ms. Shelor reported that in 1988, the Board approved a
Length of Service Awards Program administered by the Volunteer
Fireman's Insurance Services, Inc. which provides monthly
retirement benefits to the volunteer fire, rescue, and auxiliary
police personnel. They are given a retirement benefit of $10.00
per month for each year of service up to ~ maximum of 25 years.
The Board of Trustees recently was made aware of a discrepancy
between the language distributed to the volunteers and the
language in the adopted agreement. The plan called for paYment
of benefits for disabilities based upon "line of duty" , but the
distributed information related to disabilities pays benefits
from "any cause".
The Board of Trustees recommended that the
January 23, 1996
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plan be amended to cover only disabilities based upon line of
duty retroactive to January 1, 1989.
Pending disability cases
would be paid based on any cause, but future disabilities would
be limited to disabilities in the line of duty.
The Board of
Trustees also recommended that the benef it be increased from
$10.00 to $12.00 per month.
There was considerable discussion and concern about
using the effective date of January 1, 1989 for the amendment.
Following discussion, Supervisor Minnix moved to approve the
Board of Trustee's recommendation, but with the effective date of
amendments being January 1, 1996.
The motion carried by the
following recorded vote:
AYES:
Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS:
None
Supervisor Johnson asked that Mr. Hodge check on the
appointments to the Board of Trustees and their terms of office.
~ ReQUest to amend the General Relief Proqram in the
Social Services DeDartment.
(Dr. Betty McCrary.
Social Services Director)
A-012396-2
Assistant County Administrator John Chambliss described
the General Relief Program which provides short-term emergency
and non-emergency assistance to qualified persons.
The 1995/96
Social Services budget for General Relief is $190,000, of which
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January 23, 1996
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63% is state funding and 37% is local funding.
Mr. Chambliss
advised that the General Relief Plan can be amended to include a
revision that when the locality has used all the state and local
funds, the program will cease to operate and not be reinstated
until both state and local funds become available. If the
revision is not made, the locality could be required to continue
the program using 100% local funds. Staff recommended that the
Board of Supervisors approve the amendment to the General Relief
Program.
Following discussion,
Supervisor Minnix moved to
approve amending the plan to include the statement that, "When
the locality has used all the state-local funds, the program will
cease and will not continue using local only funds, and the
program will be reinstated when state-local funds become
available." The motion carried by the following recorded vote:
AYES:
Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS:
None
~ Resolution SUDoortinq the IS TEA Grant ADolication
of the Virqinia Recreational Facilities Authority
for the Bruqh Tavern Pro;ect.
(Joyce Wauqh,
Economic Develooment Soecialist)
R-012396-3
Ms. Waugh reported that Explore Park has raised $1
million in private funds for Brugh Tavern disassembly and
January 23,1996
57
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reconstruction and is seeking $433,669 from the Intermodal
Surface Transportation
Efficiency Act (ISTEA) Grant Funds to
complete the project.
Explore Park is requesting that the
Board of Supervisors adopt a resolution of support for their
grant application. No County funds are requested and this grant
application would not compete with Roanoke County ISTEA grant
applications.
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 012396-3 SUPPORTING THE SUBMISSION
OF AN ISTEA TRANSPORTATION ENHANCEMENT GRANT
APPLICATION OF THE VIRGINIA RECREATIONAL
FACILITIES AUTHORITY FOR THE BRUGH TAVERN
PROJECT AT VIRGINIA'S EXPLORE PARK IN ROANOKE
COUNTY
WHEREAS the Virginia Recreational Facilities Authority
(VRFA) currently is involved in a project to move, renovate, and
adaptively reuse the historic Brugh Tavern at Virginia's Explore
Park, to the benefit of the citizens of Roanoke County and
western Virginia both through the preservation and interpretation
of our heritage and the further development of our tourist
industry; and
WHEREAS the VRFA already has obtained $1,000,000 in
private funding to begin this project; and
WHEREAS the VRFA is seeking Virginia Department of
Transportation funding through the Intermodal Surface
Transportation Efficiency Act (ISTEA) for the sum of $436,669 to
complete this project,
THEREFORE BE IT RESOLVED by the Board of Supervisors of
Roanoke County, Virginia as follows:
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January 23, 1996
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1. That the Board of Supervisors endorses and supports
both the Brugh Tavern proj ect and the request of the VRFA for
Virginia Department of Transportation funding, and
2. That the Clerk to the Board is directed to forward
an attested copy of this resolution to the Virginia Recreational
Facilities Authority.
On motion of Supervisor Nickens to adopt the
resolution, and carried by the following recorded vote:
AYES:
NAYS:
Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
None
L..
Resolution
reauestina. the
Virainia
General
Assemblv to adoot an act authorizina the creation
of a Small Claims Court for the County of Roanoke.
(Paul Mahoney, County Attorney)
R-012396-4
Mr. Mahoney advised that the proposed resolution would
request the General Assembly to adopt legislation that would
authorize the creation of a small claims court for Roanoke
County. He reported that the additional court would need another
judge, another clerk and additional scheduling of courtroom
times.
In response to questions from the Board, he advised
that this would probably not reduce the current judges work load,
and that this is only enabling legislation and would not require
a small claims court in Roanoke County.
Supervisor Johnson moved to adopt the resolution. The
motion carried by the following recorded vote:
January 23, 1996
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AYES:
Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS:
None
Staff was directed to investigate further what costs
would be involved.
RESOLUTION 012396-4 REQUESTING THE VIRGINIA
GENERAL ASSEMBLY TO ADOPT AN ACT SPECIFICALLY
AUTHORIZING THE CREATION OF A SHALL CLAIHS
COURT FOR THE COUNTY OF ROANOKE
WHEREAS, the Virginia General Assembly in 1988 enacted
Section 16.1-122.1 of the Code of virginia, which provides the
mechanism for the creation of a Small Claims Court within the
General District Court in jurisdictions with large populations;
and
WHEREAS, the aforementioned statute has been amended
several times by the General Assembly, to the end that it now
allows for the creation of a Small Claims Court in any
jurisdiction with a General District Court; and
WHEREAS, Small Claims Courts already in operation in
other jurisdictions throughout the Commonwealth have proven to
provide an efficient, swift, and economical means of affording
adjudication of claims to all citizens; and
WHEREAS, there shall be no cost to local taxpayers for
the creation of a Small Claims Court for the County of Roanoke.
NOW, THEREFORE, BE IT RESOLVED by the Board of
Supervisors of Roanoke County that pursuant to section 16.1-122.1
of the Code of Virginia, as amended, the County of Roanoke hereby
formally requests and petitions the Virginia General Assembly to
adopt an act specifically authorizing the creation of a Small
Claims Court for the County of Roanoke. The County Clerk shall
forward a copy of this resolution forthwith to all General
Assembly members representing the County of Roanoke.
This Resolution shall be deemed an emergency measure
and shall be effective upon passage.
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
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January 23, 1996
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IN RE:
REQUESTS FOR WORK SESSIONS
~ Reauest for Work Session to discuss revisions to
the VDOT six Year Construction Plan and the
Revenue Sharina Proaram.
It was the consensus of the Board that a work session
be set for February 13, 1996. Supervisor Johnson asked that snow
removal be discussed at the work session.
IN RE:
REQUEST FOR PUBLIC HEARING AND FIRST READING OF
REZONING ORDINANCES - CONSENT AGENDA
Supervisor Nickens moved to approve the first readings
and set the second readings and public hearings for February 27,
1996, with the addition of Item 6.
The motion carried by the
following recorded vote:
AYES:
Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS:
None
~ Ordinance authorizina a SDecial Use Permit to
construct a reliaious assemblY facility, located
at the intersection of Route 11 and state Route
777, Catawba Haaisteria1 District, UDon the
Þetition of Christian Life FellowshiÞ Pentecostal
Holiness Church.
~ Ordinance to rezone 1.448 acres from 1-1
conditional to 1-1 to Dermit liaht industrial use,
located at 6152 Twine Hollow Road, Catawba
Haaisterial District, UDon the Detition of Robert
and I.R. Stverak.
~ Ordinance authorizina a SDecial Use Permit to
allow a dental laboratory at 2121 Electric Road,
Windsor Hills Haaisterial District, UDon the
Detition of Dental Prosthetics Inc.
January 23, 1996
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L.. Ordinance to rezone 1.40 acres. from C-2C to I-2C
to Dermit a contractors storaae yard at 2032 HardY
Road, vinton Maaisterial District, uÞon the
Detition of Bedford continuous Gutterina Inc.
~ Ordinance to rezone 1.07 acres from C-2 to 1-1 to
construct offices and warehouse for Þharmaceutical
sUDDlies at 7605 Robertson Lane, Hollins
Haaisteria1 District, UDOD the Detition of HCMF
CorD.
~ Ordinance amendina and reenactina ordinance 82592-
12, The Zonina Ordinance bv amendina section 30-
54-2 (A) and 30-54-2 (B) to allow halfway houses
only bY SDecial Use Permit in C-2, General
Commercial Districts.
IN RE:
SECOND READING OF ORDINANCES
~ Ordinance authorizina the acquisition of certain
interests in real estate for a well lot in
Brookwood Subdivision.
(Paul Mahoney,
County
Attornev)
0-012396-5
Mr. Mahoney reported· that this ordinance reflects
further staff negotiations to resolve the dispute with respect to
an existing well lot located off of Woodbrook Drive in the
Brookwood Subdivision.
The matter has previously been on the
Board's agenda on December 12, 1995 and January 9, 1996.
staff recommended Alternative #1, that the Board grant
to Michael H. Frank and Marie Harrison a $3,000 credit to be used
for an offer from them for the purchase of the Brookwood Well Lot
when it is declared surplus.
If their offer is not the highest
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January 23, 1996
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and best offer, then the Board will pay $110 to Mr. Frank and
$1,360 to Ms. Harrison to compensate them for the County's use of
their real estate as a public water source. In exchange for this
consideration, Mr. Frank and Ms. Harrison would grant to the
County the right to use the required sections of land for public
water purposes until the Brookwood Well Lot is declared surplus.
A second al ternati ve is that the real estate be acquired by
paYment of $400 to Michael Frank and $2,100 paid to Marie
Harrison. Mr. Mahoney advised that Alternative #2 was approved
by the Board at first reading on January 9, 1996.
He further
advised that he discussed this al ternati ve with the landowners
and they preferred Alternative #1.
Supervisor Eddy moved to adopt the ordinance with
alternative #2.
The motion carried by the following recorded
vote:
AYES:
Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS:
None
ORDINANCE 012396-5 AUTHORIZING THE ACQUISITIOH OF
CERTAIN INTEREST IN REAL ESTATE FOR A WELL LOT IN
BROOKWOOD SUBDIVISION
WHEREAS, the Board of Supervisors of Roanoke County,
Virginia, is the owner of a well lot (Tax Map No. 86.03-3-16)
located off Woodbrook Drive, between Lots 12 and 13 in the
Brookwood Subdivision, said lot having been acquired by deed
dated October 12, 1976, and recorded in the Clerk's Office of the
January 23, 1996
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circuit Court of Roanoke County, Virginia, in Deed Book 1055,
page 232, and being shown upon the "Map of Brookwood" recorded as
aforesaid in Plat Book 7, page 77; and
WHEREAS, an additional section of land is necessary to
comply with the fifty-foot radius requirements of the State Board
of Health for a public water source; and
WHEREAS, the section of land to be acquired from
Michael H. Frank is a portion of Tax Map No. 86.03-4-12, being a
small triangular parcel consisting of 123 square feet, and the
second section of land to be acquired from Marie S. Harrison is a
portion of Tax Map No. 86.03-4-14 and consists of 1,512 square
feet; and
WHEREAS, pursuant to the provisions of section 18.04 of
the Charter of Roanoke County, a first reading concerning this
acquisition and conveyance of real estate was held on January 9,
1996, and a second reading was held on January 23, 1996.
THEREFORE, BE IT ORDAINED by the Board of Supervisors
of Roanoke County, Virginia, as follows:
1. That the acquisition and acceptance of the
required section of property, to comply with the fifty-foot
radius requirement for the well lot (Tax Map No. 86.03-3-16)
located off Woodbrook Drive in the Brookwood SUbdivision, from
Michael H. Frank arid Marie S. Harrison,' is hereby authorized.
2. That the consideration for the acquisition of
these interests in real estate shall be as follows:
$400 to be
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J8121uary 23, 1996
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paid to Michael H. Frdnk; and $2,100 to be paid to Marie S.
Harrison.
3. That the County Administrator is hereby authorized
to execute such documents and take such actions as may be
necessary to accomplish this transaction, all of which shall be
on form approved by the County Attorney.
4. That this ordinance shall be effective on and from
the date of its adoption.
On motion of Supervisor Eddy to adopt the ordinance
with consideration for the acquisition in the amount of $400 to
be paid to Michael H. Frank and $2,100 to Marie S. Harrison, and
carried by the following recorded vote:
AYES:
Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS:
None
IN RE:
APPOINTMENTS
~ Grievance Panel
Supervisor Eddy nominated Ken W. Lussen to serve
another two year term which will expire February 23, 1998.
~ Hiahway and TransDortation Safety Commission
Supervisor Eddy requested that staff continue to look
for a legal representative.
IN RE:
CONSENT AGENDA
R-012396-6
Supervisor Johnson moved to
adopt
the
Consent
Resolution. The motion carried by the following recorded vote:
January 23, 1996
65
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AYES:
Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS:
None
RESOLUTION 012396-6 APPROVING AND CONCURRING IN CERTAIN
ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR
THIS DATE DESIGNATED AS ITEM L - CONSENT AGENDA
BE IT RESOLVED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That the certain section of the agenda of the Board
of Supervisors for January 23, 1996, 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 Minutes - October 24, 1995, November
21, 1995, November 28, 1995.
2. Confirmation of Committee Appointments to the Blue
Ridge Commu~ity Services Board of Directors.
3. Confirmation of Board Appointments to the Urban
Partnership and Roanoke County Cable TV Committee.
4. Request for approval of a 50/50 Raffle Permit for
the Women of the Moose, vinton Chapter #1551.
5. Request for approval of a Raffle Permit for
Planned Parenthood of the Blue Ridge, Inc.
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
resolution, and carried by the following recorded vote:
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J20uary 23, 1996
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AYES:
NAYS:
IN RE:
Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
None
REPORTS AND INQUIRIES OF BOARD HEMBERS
SUDervisor EddY: (1) He announced that the County has
made arrangements for citizens to pay their utility bills by
automated withdrawal at their bank. (2) He asked for a report
on the Volunteer Fair which was held at Tanglewood Mallon
Saturday, January 20, 1996. Ms. Green reported on the
departments who participated. Supervisor Eddy expressed his
support for efforts towards recruiting more volunteers. (3) He
asked about the new regulations regarding open burning which will
be enforced by local governments. Mr. Mahoney advised that
staff is working with the Fire and Rescue Department on the model
ordinance and will bring it back to the Board in the spring.
Su~ervisor Harrison: (1) He advised that the picnic
tables were damaged due to the flooding at Green Hill Park and
suggested moving the tables to another location. Pete Haislip
responded that this is a problem during most floods.
SUDervisor Nickens: (1) He advised that he had
recei ved a memorandum from John Chambliss on various pending
General Assembly legislation, and suggested that the Board
provide staff with information regarding support or opposition to
specific legislation, especially legislation requiring minutes of
executive sessions. (2) He asked for an executive session
regarding probable litigation concerning the Moose Lodge.
January 23, 1996
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IN RE:
CITIZENS' COHHENTS AND COMKUNICATIONS
David Courey, 3419 Ashmeade Drive, spoke against a tax
rate increase to fund the school bond issue and advised that he
would vote against it. He suggested that a parking fee for high
schools could help pay for the bond issue.
Supervisors Johnson
and Nickens asked Mr. Hodge to discuss this possibility with the
School Board and/or school staff.
IN RE:
REPORTS
Supervisor Johnson moved to receive and file the
following reports after discussion of Item 4. The motion carried
by a unanimous voice vote.
~ General Fund UnaDDroDriated Balance
~ caDital Fund UnaDDroDriated Balance
~ Board continaency Fund
L.. Report of Claims Activity for the self-insurance
proaram
~ Accounts Paid - December 1995
~ Statement of Estimated Revenues and Exoenditures
as of December 31, 1995
h Statement of the Treasurer's Accountability Der
investments and Portfolio Policy as of December
31, 1995
IN RE:
RECESS
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January 23, 1996
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Chairman Johnson declared a recess at 4:15 p.m.
IN RE:
CONTINUATION OF THE JANUARY 6,
SUPERVISORS PLANNING SESSION
Chairman Johnson reconvened the meeting at 4:30 p.m. to
continue the planning session from January 6, 1996.
~ Fire and Rescue
Mr. Hodge advised that the deadline for applications
for the Fire and Rescue Chief position has been extended because
they did not receive a large pool of applicants. Mr. Hodge
asked for direction from the Board on funding of Fire and Rescue
needs. It was the consensus of the Board that the Chiefs Board
will review the requests and make recommendations to the County
Administrator to be presented to the Board during the budget
1996 BOARD OF
process.
~ Discussion on School Bond Referendum
Dr. Gordon, and School Board Members Mike Stovall and
Jerry Canada attended part of the session. There was discussion
on how to fund the school bond issue and the necessity to decide
before the, April 2, 1996 referendum. There was discussion on
including the tax rate increase on the referendum question. Mr.
Mahoney advised that the County may not be legally able to
include the tax increase in the bond referendum question.
Supervisors Johnson, Minnix and Harrison advised that
they supported the 2 cents tax rate increase. Supervisor Nickens
January 23, 1996
69
advised that he would support the 2 cents tax increase if the
School Board commits to an independent firm conducting a value
engineering study on the Cave Spring High School project.
Supervisor Eddy stated that he would not support a tax rate
increase until more information is available and the School Board
has a prioritized list of projects for the next five years.
IN RE: EXECUTIVE SESSION
At 5:55 p.m., Supervisor Minnix moved to go into
Executive Session pursuant to the Code of Virginia Section 2.1-
344 A (5) discussion concerning economic development prospects
where no previous announcement has been made; and 2.1-344 A (7)
Consultation with legal counsel pertaining to actual or probable
litigation Town of Vinton, and 2.1-344 A (7) probable
litigation - Moose Lodge. The motion carried by the following
recorded vote:
AYES: Supervisors Eddy, Harrison, Minnix, Nickens, Johnson
NAYS: None
IN RE: CERTIFICATION OF EXECUTIVE SESSION
R-012396-7
At 7: 03 p.m., Supervisor Nickens moved to return to
Open Session and adopt the Certification Resolution. The motion
carried by the following recorded vote:
AYES: Supervisors Johnson, KOhinke, Eddy, Nickens, Minnix
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January 23, 1996
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NAYS:
None
RESOLUTION 012396-7 CERTIFYING EXECUTIVE MEETING WAS
HELD IN CONFORMITY WITH THE CODE OF VIRGINIA
WHEREAS, the Board of Supervisors of Roanoke County,
Virginia has convened an executive meeting on this date pursuant
to an affirmative recorded vote and in accordance with the
provisions of The Virginia Freedom of Information Act; and
WHEREAS, section 2.1-344.1 of the Code of Virginia
requires a certification by the Board of Supervisors of Roanoke
County, Virginia, that such executive meeting was conducted in
conformity with Virginia law.
NOW, THEREFORE, BE IT RESOLVED, that the Board of
Supervisors of Roanoke County, Virginia, hereby certifies that,
to the best of each members knowledge:
1. Only public business matters lawfully exempted from
open meeting requirements by Virginia law were discussed in the
executive meeting which this certification resolution applies,
and
2. Only such pUblic business matters as were
identified in the motion convening the executive meeting were
heard, discussed or considered by the Board of Supervisors of
Roanoke County, Virginia.
On motion of Supervisor Nickens to adopt the
resolution, and carried by the following recorded vote:
AYES:
NAYS:
Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
None
IN RE:
PUBLIC HEARING AND SECOND READING OF ORDINANCES
~ Ordinance vacatina a 50 foot unimDroved riaht-of-
way referred to as Granville street which is
located between the intersections of Northway
Drive (Route 1820) and Chester Drive (Route 1857)
for aDDroximate1Y 400 feet in lenath, as recorded
January 23, 1996
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in Plat Book 3, paae 20, and located in the
Hollins Maaisterial District.
(Arnold Covey,
Director of Enaineerina , InsDections)
0-012396-8
There was no discussion and no ci tizens present to
speak on this issue.
Supervisor Johnson moved to adopt the
ordinance. The motion carried by the following recorded vote:
AYES: Supervisors Minnix, Harrison, Nickens, Johnson
NAYS: Supervisor Eddy
ORDINANCE 012396-8 VACAT~NG AND CLOSING A
SECTION OF 50 FOOT UNIMPROVED RIGHT-OF-WAY
REPERRED TO AS GRANVILLE STREET LOCATED
BETWEEN THE INTERSECTIONS OP NORTHWAY DRIVE
(ROUTE 1820) AND CHESTER ·DRIVE (ROUTE 1857)
POR APPROXIMATELY 400 FEET IN LENGTH, AS
RECORDED IN PLAT BOOK 3, PAGE 20, AND LOCATED
IX THE HOLLINS MAGISTERIAL DISTRICT
WHEREAS, Stanley Birckhead, the petitioner, is the
owner of Lots 2, 3, 4, and 5, Block 11, Map of North Hills, as
shown on that certain plat of record in the Clerk's Office of the
Circuit Court of Roanoke County, Virginia, in Plat Book 4, Page
63; and,
WHEREAS, said lots are adjacent to an unimproved
section of Granville Street between Northway Drive and Chester
Drive as shown on said plat; and;
WHEREAS, the petitioner has requested that the Board of
Supervisors of Roanoke County, Virginia, vacate and close the
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January 23, 1996
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section of unimproved right-of-way referred to as Granville
street located between the intersections of Northway Drive (Route
1820) and Chester Drive (Route 1856), measuring fifty feet (50')
in width and approximately four hundred feet (400') in length,
said right of way having been created and' shown on the Map of
North Hills recorded as aforesaid in Plat Book 3, Page 20; 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
15.1-431 of the 1950 Code of Virginia, as amended, and a first
reading of this ordinance was held on January 9, 1996; and the
public hearing and second reading of this ordinance was held on
January 23, 1996.
BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That an unimproved section of right-of-way, situate
in the Hollins Magisterial District and referred to as Granville
street, being· 50 feet in width and extending approximately 400
feet in length, located between the intersections of Northway
Drive
(Route 1820)
and Chester Dr i ve
(Route 1856)
for
approximately 400 feet in length, as shown on the Map of North
Hills recorded in the aforesaid Clerk's Office in Plat Book 3,
Page 20, be, and hereby is, vacated pursuant to Section 15.1-
482(b) of the 1950 Code of Virginia, as amended, subject to the
January 23, 1996
73
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following conditions:
a. That all costs and expenses associated herewith,
including but not limited to, publication costs,
survey costs and recordation of documents, shall
be the responsibility of the petitioner; and,
b. That the entire area of the 50-foot right-of-way,
extending approximately 400 feet in length from
Chester Drive to Northway Drive, is hereby
reserved and retained as a public utility
easement, together with the right to provide
maintenance to any existing public utility
facilities located within the vacated area, and
together with the right of ingress and egress
thereto from. a public road; and,
c. That the vacated area of land shall be added and
combined, by deed or by plat, to the adjoining
properties as provided by law and petitioner shall
comply with the Roanoke County Subdivision
Ordinance, the Roanoke County zoning ordinance,
and other applicable laws, regulations and
requirements, including recordation of the
necessary documents, in co~nection with this
vacation or any subsequent subdivision of the
property.
2. That the Department of Engineering and Inspections
shall record a certified copy of this ordinance with the Clerk of
the Circui t Court of Roanoke . County, Virginia,
and the
recordation costs shall be payable by the petitioners.
3. That this ordinance shall be effective on and from
the date of its adoption. 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:
supervisors Minnix, Harrison, Nickens, Johnson
74
January 23, 1996
-
NAYS:
Supervisor Eddy
~ Ordinance to rezone .7 acres from R-3 to C-2 in
order to construct a locksmith and commercial
lease SDace, located at the intersection of
Williamson Road and Commander Drive, Hollins
Maaisterial District on the Detition of the
Roanoke County P1annina Commission. (Terry
Harrinaton, P1annina and Zonina Director)
0-012396-9
Mr. Harrington reported that prior to 1992, the
property was zoned B-2, General Commercial. The lots were
purchased and improved for eventual commercial use. In 1992, the
property was rezoned to R-3 based on the Neighborhood
Conservation land use designation. In 1995, a concept site plan
was submitted for review which shows a new commercial structure,
parking lots and a lot where B&D Locks is currently located.
Mr. Harrington advised that after reviewing the site,
staff determined that a more appropriate zoning would be C-2 and
requested adoption of the ordinance.
Supervisor Johnson moved to adopt the ordinance. The
motion carried by the following recorded vote:
AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS: None
-
.Tanuar:y 2~, 1996
--
75
ORDINANCE 012396-9 TO CHANGE THE ZONING
CLASSIFICATION OF A .7-ACRE TRACT OF REAL
ESTATE LOCATED AT THE INTERSECTION OF
WILLIAMSON ROAD AND COHHANDER DRIVE (TAX MAP
NOS. 38.06-6-4, 38.06-6-5, 38.06-6-6.1) IN
THE HOLLINS MAGISTERIAL DISTRICT FROM THE
ZONING CLASS::tFICATION OF R-3 TO THE ZONING
CLASSIFICATION OF C-2 UPON THE APPLICATION OF
THE ROANOKE COUNTY PLANNING COHHISSION
WHEREAS, the first reading of this ordinance was held
on December 12, 1995, and the second reading and public hearing
were held January 23, 1996; and,
WHEREAS, the Roanoke County Planning Commission held a
public hearing on this matter on January 4, 1996; 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:
1. That the zoning classification of a certain tract
of real estate containing .7. acre, as described herein, and
located at the intersection of Williamson Road and Commander
Drive, Tax Map Numbers 38.06-6-4, 38.06-6-5, 38.06-6-6.1) in the
Hollins Magisterial District, is hereby changed from the zoning
classification of R-3, Medium Density' MUlti-Family Residential
District, to the zoning classification of C-2, General Commercial
District.
2. That this action is taken upon the application of
the Roanoke County Planning Commission.
3. That said real estate is more fully described as
7-6
.January 23, 1996
follows:
TRACT 4 - 0.1722 ACRE - 38.06-6-4
Beginning at an iron pin in the western right-of-way of U.S.
Route 11 (Williamson Road) being the southeast corner of Tract
3.1, thence with the said right-of-way s. 11 deg. 58' 52" E.
68.53 feet to the northeast corner of Tract 5; thence leaving
said right-of-way and with line of Tract 5, S. 32 deg. 38' 00" W.
138.25 feet to a point in the easterly right-of-way of Commander
Drive; thence with said right-of-way N. 41 deg. 38' 30" W. 50.00
feet to the southwest corner of Tract 6; thence with lines of
Tracts 6 and 3.1 N. 32 deg. 38' 00" E. 173.48 feet to the
Beginning.
TRACT 5 - 0.294 ACRE - 38.06-6-5
Beginning at an iron pin in the westerly right-of-way of U. S.
Route 11 (Williamson Road) being the southeast corner of Tract 4,
thence with said right-of-way S. 11 deg. 58' 30" E. 231.06 feet
to point at intersection of U. S. Route 11 and Commander Drive;
thence with a curve to the right, chord bearing S 63 deg. 09' 31"
W. 19.35 feet, an arc of 26.32 feet and a radius of 10.00 feet;
thence with the easterly right-of-way of Commander Drive N. 41
deg. 38' 30" W. 158.36 feet to an iron pin with the line of Tract
4 N. 32 deg. 38' 00" E. 138.25 feet to the Beginning.
TRACT 6.1 - 0.2775 ACRE - 38.06-6-6.1
Beginning at an iron pin in the easterly right-of-way of
Commander Drive and being the northwest corner of Tract 4, thence
with said right-of-way N. 41 deg. 38' 30" W. 141. 77 feet to an
iron pin; thence leaving said right-of-way N. 56 deg. 06' 38" E.
100.92 feet to an iron pin in the line of Tract 3.1; thence with
a line of Tract 3.1 S. 41 deg.38' 30" E. 100.00 feet to an iron
pin in the line of Tract 4; thence with a line of Tract 4 S. 32
deg. 38' 00" W. 103.89 feet to the Beginning.
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.
January 23. 1996
4':b~----·
--------
- ----
I
On motion of Supervisor Johnson to adopt the ordinance,
and carried by the following recorded vote:
AYES:
Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS:
None
IN RE:
CITIZEN COMMENTS AND COMMUNICATIONS
~ Jerry Canada, Chairman of the School Board advised
that the School Board and staff are visiting schools and Parent
Teacher Association meetings to provide information about the
April 2, 1996 bond referendum. He requested information from the
Board on how the bonds would be financed and if a tax rate
increase would be needed.
Ms. Hyatt advised that in December, the plan needed a 3
cent tax rate increase, but now she believes that only a 2 cent
increase is necessary. Mr. Hodge advised that they might be able
to reduce the 2 cent rate even further.
Supervisor Johnson directed staff to bring back a
resolution to the Board on February 13, 1996 committing the Board
to no more than a 2 cent tax rate increase or $1.15 per $100
assessed valuation.
~ Robert Eabert, 3571 Bradshaw· Road presented a
petition expressing the citizens' concerns about the state
selling the Virginia Tech Farm and land surrounding Catawba
Hospital, and requesting that the Board support measures
necessary to ensure that the land is preserved for agricultural
78
January 23. 1996
'---
or recreational purposes.
IN RE:
RECESS
Chairman Johnson declared a five minutes recess at 7:36
p.m. to continue the Planning Session.
IN RE:
CONTINUATION OF PLANNING SESSION
Chairman Johnson reconvened the planning session at
7:35 p.m. The following issues were briefly discussed:
1. Mr. Hodge reported on the team structure in the
County advising that the County staff is utilizing ad hoc teams
more frequently although some major teams such as Public Safety
are still active.
2 . Ms. Green reported on the next customer service
program with Martin Research where they will contact departments
and ask questions of employees to ascertain their knowledge and
customer service skills.
3. Supervisor Johnson suggested that the County have a
"Home Page" on the Internet.
4. Supervisor Eddy asked whether any of his
suggestions for the mission statement and performance reports
would be considered in future printings of the report.
5. There was a discussion of the County holiday
schedule but there was no consensus of the Board to change the
schedule at this time.
January 23, 1996
~===::=====
6 . Mr. Hodge descr ibed the current budget process.
Supervisor Eddy recommended more Board involvement in the process
but the other Board members disagreed. There was discussion on
the use of year-end department savings. Mr. Hodge suggested that
the departments keep two-thirds with the other third going to the
General Fund. Supervisor Nickens suggested the ratio be 50% for
each.
There was no consensus of the Board.
Mr. Hodge updated
the Board on the status of the salary survey.
7. There was general discussion concerning a
transportation district, ci ty status and charter changes. The
Board agreed to the date for the joint meeting with Roanoke city
council on March 4, 1996.
Mr. Johnson expressed support to
include in the County's legislative package a charter change
regarding city status.
IN RE:
ADJOURNMENT
At 9:00 p.m., Supervisor Johnson moved to adjourn. The
motion carried by a unanimous voice vote.
Submitted by,
Approved
'1'7T)~ .». ~
Mary H. Allen
Clerk to the Board
so
January 23, 1996
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