9/26/1995 - Regular
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September 26, 1995
6$9
Roanoke County Board of Supervisors
Roanoke County Administration Center
5204 Bernard Drive
Roanoke, Virginia 24018
September 26, 1995
The Board of Supervisors of Roanoke County, Virginia, met
this day at the Roanoke County Administration Center, this being the
fourth Tuesday, and the second regularly scheduled meeting of the
month of September, 1995.
IN RE:
CALL TO ORDER
Chairman Minnix called the meeting to order at 3: 02 p.m.
The roll call was taken.
MEMBERS PRESENT:
Chairman H. Odell "Fuzzy" Minnix, Vice Chairman
Edward G. KOhinke, Sr., Supervisors Lee B. Eddy,
Bob L. Johnson, Harry C. Nickens
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 John Hawn, st.
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Mark's Lutheran Church. The Pledge of Allegiance was recited by
all present.
IN RE: REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF
AGENDA ITEMS
Chairman Minnix added item 5
resolution regarding the Urban
recommendations.
Mr. Mahoney removed first reading concerning the Leslie
Well lot because the petitioner had withdrawn the offer. He
added the first reading of an offer to purchase the Algoma Well
lot, and an item to the Executive Session 2.1-344 (A) (1)
appointment of personnel.
under New Business, a
Partnership Committee
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IN RE:
PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND AWARDS
.h Resolution of Appreciation to Frederick W. "Billv"
Bower for over 24 years of service to Roanoke
County.
R-92695-1
Mr. Bower was present and accepted the resolution from
Chairman Minnix.
Supervisor Kohinke moved to adopt the resolution. The
motion carried by the following recorded vote:
AYES: Supervisors Johnson, KOhinke, Eddy, Nickens, Minnix
NAYS: None
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September 26, 1995
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RESOLUTION 92695-1 EXPRESSING THE APPRECIATION OF THE
BOARD OF SUPERVISORS OF ROANOKE COUNTY TO FREDERICK W.
"BILLY" BOWER FOR OVER 24 YEARS OF SERVICE TO ROANOKE
COUNTY
WHEREAS, Frederick W.
employed in September, 1970, with
Service Authority; and
WHEREAS, Mr. Bower has
Mechanic, Motor Equipment Operator
"Billy" Bower was
the Roanoke County
first
Public
also served as a Maintenance
II, and Courier; and
WHEREAS, Mr. Bower always went above and beyond his
job requirements as a Courier to provide the highest quality of
customer
service; and
WHEREAS, Hr. Bower volunteered to assist with the
Commodity Distribution Program sponsored by the Department of
Social Services; portrayed Roanoke County's Santa Claus during
the 1992 Christmas season; and was nominated on numerous
occasions to the Extra Mile Club; and
WHEREAS, Mr. Bower, through his employrnentwith
Roanoke County, has been instrumental in improving the quality of
life for its citizens.
NOW, THEREFORE, BE IT RESOLVED that the Board of
Supervisors of Roanoke County, Virginia, expresses its deepest
appreciation and the appreciation of the citizens of Roanoke
County to FREDERICK W. "BILLY" BOWER for over 24 years of
capable, loyal and dedicated service to Roanoke County.
FURTHER, the Board of Supervisors does express its
best wishes for a happy, restful, and productive retirement.
On motion of Supervisor Kohinke to adopt the
resolution, and carried by the following recorded vote:
AYES:
NAYS:
Supervisors Johnson, KOhinke, Eddy, Nickens, Minnix
None
IN RE:
OLD BUSINESS
h
Adoption
of
resolution
a
in
support
of
improvements to Bent Mountain Road (Route 221) as
outlined
in
the
current
Primary
six
Year
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Septêluhel 26.l-~5
Construction Plan adopted by the Commonwealth's
Transportation Board. (Elmer Hodqe, County
Administrator) (CONTINUED FROM SEPTEMBER 12, 1995)
R-92695-2
Mr. Hodge reported that at the September 12 Board of
Supervisors meeting a public hearing was held to provide an
opportunity for citizen comment on the proposed corridors being
considered for road improvements to Route 221. Two resolutions
were offered to the Board for consideration. One expressed
support for the Virginia Department of Transportation's
recommendation that two corridors be studied, and another
supported improvements limited to the existing alignment of Route
221.
Following citizen comment, the public hearing was
closed and Supervisor Minnix moved to support improvements only
in the existing alignment, and that no additional corridors will
be studied. The motion ended in a tie vote with Supervisor
Nickens absent. State code requires that where there is a tie
vote when all members are not present, the issue will be
considered at the next meeting.
Supervisor Nickens explained that he had been out of
town on business during the last meeting. Since that time he had
driven Route 221, and spent time talking with the residents on
the telephone before determining his vote on this issue. He felt
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September 26, 1995
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that it was important to maintain the rural nature of the
community and minimize the impact on farms.
Supervisor Minnix moved to adopt his September 12
motion to adopt the resoluton supporting improvements only in the
existing alignment, and that no additional corridors will be
studied. The motion carried by the following recorded vote:
AYES: Supervisors Johnson, Nickens, Hinnix
NAYS: Supervisors KOhinke, Eddy
RESOLUTION 92695-2 EXPRESSING APPROVAL AND SUPPORT OF
THE VIRGINIA DEPARTMENT OF TRANSPORTATION'S PROJECT
ROUTE 221, BENT MOUNTAIN ROAD.
WHEREAS, the Virginia Department of Transportation held
a public hearing on May 24 and 25, 1995 for the purposes of
discussing the proposed corridors to State Route 221 project; and
WHEREAS, the Board of Supervisors held a public hearing
on September 12, 1995 for the purpose of receiving citizen
comments on the proposed corridors; and
WHEREAS, the Board of Supervisors does ,hereby approve
and support the proposed improvements to State Route 221 but
request the existing alignment to remain the general corridor for
future improvements; and
NOW, THEREFORE, BE IT RESOLVED that a copy of this
resolution duly attested be forthwith forwarded to the Virginia
Department of Transportation Salem Residency Office by the Clerk
to the Board of Supervisors.
On motion of Supervisor Minnix to adopt the resolution
and request that no additional corridors will be studied, and
carried by the following recorded vote:
AYES:
NAYS:
Supervisors Johnson, Nickens, Minnix
Supervisors KOhinke, Eddy
h
Debarment of Wayne Enqineerinq Company from
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Septemb@r 2fí~-5
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consideration for award of future contracts.
(William Rand, General Services Director)
A-92695-3
This issue was originally brought to the Board of
Supervisors on June 27, 1995. The Board at that time continued
the issue to allow time for further negotiations. Since that
time, the County has experienced additional structural design
problems with the vehicles. Mr. Mahoney advised they had
received a counter bid from Wayne Engineering to settle
negotiations for the hydraulic fluid spill on Greenway Drive, but
could not recommend accepting it. I
Supervisor Johnson moved to debar Wayne Engineering.
In response to questions from the supervisors, Mr.
Mahoney responded that the debarment has delayed the bid process
and the County has been unable to purchase new vehicles. He
further advised that there had been no effort to publicize the
debarment except for publication in the agenda, but he had
received several calls from attorneys in other jurisdictions
regarding the issue . He also advised that in the future the
staff would advertise for these vehicles through Requests for
Proposals and not by the bid procedure.
Mr. Rand advised that one of the automated refuse
vehicles was in the parking lot and invited the Board member to I
view the truck for a visual description of the problems.
Chairman Minnix declared a brief recess for this purpose.
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September 26, 1995
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Supervisor Johnson's motion to approve the staff
recommendation and debar for a three-year period Wayne
Engineering Corporation, and refuse collection vehicles
developed, manufactured and serviced by Wayne Engineering
Corporation but distributed by the Leach Company carried by the
following recorded vote:
AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix
NAYS: None
IN RE:
NEW BUSINESS
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Request to accept FamilY Preservation Act monies
and make apPlication for a qrant to be
administered by the Community POlicy and
Manaqement Team. (John Chambliss, Assistant
County Administrator>
A-92695-4
Mr. Chambliss reported that in 1993 Congress passed and
began to implement a new federal family preservation and family
support service program which must provide family-centered,
community-based social services to children and families. The
County's Community Policy and Management Team (CPMT) must prepare
an initial application detailing the planning process which will
I become part of a four year state plan. Mr. Chambliss reported
that each locality will receive at least $10,000, and the initial
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S@IÚ-.eml:H~r 2tí, 1995
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amount for Roanoke County is estimated at $22,362. The CPMT
recommends that the Board accept the Family Preservation Act
Grant allocation of $22,362 and $2,000 for the development of a
community needs assessment and program plan.
Supervisor Nickens moved to approve acceptance of funds
and apply for grant. The motion carried by the following recorded
vote:
AYES:
NAYS:
Supervisors JOhnson, Kohinke, Eddy, Nickens, Minnix
None
h
Request to approve the Dlan for the Virqinia
Juvenile Community Crime Control Act to be
submi tted on behalf of Roanoke County for
administration by the Community POlicy and
Manaqement Team. (John Chambliss, Assistant County
Administrator)
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A-92695-5
Mr. Chambliss advised that the 1995 Virginia General
Assembly implemented the Juvenile Community Crime Control Act
(VJCCCA) which eliminated the block grant funds previously
recei ved by residential programs such as Youth Haven II. The
VJCCCA formula is based upon juvenile arrest data, and under this II
methodology, Roanoke County would be eligible for $97,106
compared to the $237 , 000 previously received under the block
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September 26, 1995
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grant method. This year, Roanoke County will receive $237,000
of which $118,960 represents the reduced block grant funds for
Youth Haven II, and $118,960 which must be applied based on
VJCCCA guidelines. This will have an adverse impact to Youth
Haven II. Mr. Chambliss reported that it may be necessary to
increase the Youth Haven II per diem cost from $42.31 to $82.21.
Staff recommended acceptance of the $237,920 of VJCCCA funds with
$118,960 allocated to Youth Haven II and $118,960 administered by
the Roanoke County CPMT.
In response to questions about the funding formula, Mr.
Hodge advised that staff is putting together a study t~am to
suggest a reallocation of the funds and they will report back to
the Board.
Supervisor Eddy moved to approve the plan and accept
$237,920 of VJCCCA funds. The motion carried by the following
recorded vote:
AYES:
NAYS:
Supervisors Johnson, KOhinke, Eddy, Nickens, Minnix
None
h Request to approve the qrant for CORTRAN. (John
Chambliss, Assistant County Administrator)
A-92695-6
Mr. Chambliss reported that the Virginia Department of
I Rail and Public Transportation has advised Roanoke County that
the operating grant for the CORTRAN Red Line and Blue Line has
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been approved beginning October, 1. The Red Line route was
implemented in North County in April 1995. A proposed Blue Line
would serve Southwest County, and the CORTRAN system serves the
elderly and disabled.
Mr. Chambliss offered three alternatives: (1) Accept
the grant for CORTRAN, the Red Line and the Blue Line which would
require an additional appropriation of $14,607; (2) Accept the
portion of the grant for CORTRAN and the Red Line which would
require an additional appropriation of up to $6,023; and (3) Do
not accept the grant and continue only the CORTRAN service.
Staff recommended alternative 2. II
Following discussion, Supervisor Eddy moved to approve
alternative #2, the portion of the grant for CORTRAN and the Red
Line service in North County with the understanding that staff
will continue to look at the Blue Line route in Southwest County.
staff was directed to report back in May, 1996 with ridership
data. The motion carried by the following recorded vote:
AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix
NAYS: None
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Request to enter into an aqreement with the
Virqinia Department of Transportation for
Development and Administration of the Hanqinq Rock
Battlefield and Railway Preservation ISTEA
Proiect. (Tim Gubala, Economic Development
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September 26, 1995
669
Director)
R-92695-7
Mr. Gubala advised that the Hanging Rock Battlefield
and Railway Preservation Foundation has obtained approval of an
ISTEA grant for $549,300 from VDOT provided that a local
government administers the grant.
The Foundation is requesting
that Roanoke County administer the grant and assign a project
coordinator. Funds will be released by VDOT on a reimbursable
basis.
Mr. Gubala recommended that the Board authorize the
County Administrator to execute an agreement for development and
administration of the Hanging Rock ISTEA grant, appoint the
Director of Economic Development as project coordinator, and
authorize the County Administrator to execute other agreements as
may be necessary.
Supervisor Kohinke moved to authorize the County
Administrator to execute the necessary agreements and appoint
Timothy w. GUbala as the Grant Project Coordinator.
carried by the following recorded vote:
The motion
AYES:
Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix
NAYS:
None
RESOLU~ION 92695-7 AUTHORIZING THE EXECUTION
OF AN AGREEMENT WITH THE COMMONWEALTH OF
VIRGINIA, DEPARTMENT OF TRANSPORTATION, FOR
THE DEVELOPMENT AND ADMINISTRATION OF THE
HANGING ROCK BATTLEFIELD AND RAILWAY
PRESERVATION ISTEA PROJECT, AND AN AGREEMENT
WITH THE HANGING ROCK BATTLEFIELD AND RAILWAY
PRESERVATION FOUNDATION AND THE CITY OF SALEM
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September 26, 1995
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FOR THE ADMINISTRATION OF THE GRANT WITH
RESPECT TO SAID PROJECT
WHEREAS, the Hanging Rock Battlefield and Railway
Preservation Foundation obtained approval of a competitive
Intermodal Surface Transportation Efficiency Act (ISTEA) grant
request in the amount of $549,300 from the Virginia Department of
Transportation (VDOT) for its Hanging Rock Battlefield and
Railway Preservation Project; and,
WHEREAS, VDOT requires that a local governing body
administer the grant; and,
WHEREAS, Both the Foundation and the City of Salem have
requested the County of Roanoke to administer this grant on their
behalf.
NOW THEREFORE, BE IT RESOLVED by the Board of
Supervisors of Roanoke County, Virginia, that:
1) That the County Administrator is hereby authorized
to execute an agreement on behalf of the County of Roanoke with
the Commonwealth of Virginia, Department of Transportation, on a
form approved by the County Attorney, to administer an Intermodal
Surface Transportation Efficiency Act (ISTEA) grant in the amount
of $549,300 for the development of the Hanging Rock Battlefield
and Railway Preservation Project.
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2) That this project administration includes the
assignment of a project coordinator, project record keeping,
fiscal management and overview of preliminary engineering, right-
of-way/property acquisition and construction in order to complete
this project within two years.
3) The agreement provides that the County will expend
these ISTEA grant funds in compliance with all federal and VDOT
requirements or the County may be liable for all non-reimbursed
expenditures or for all expenditures in excess of the approved
grant.
4) That the County Administrator is hereby authorized
to execute an agreement on behalf of the County of Roanoke
between the County, the city of Salem and the Hanging Rock
Battlefield and Railway Preservation Foundation for the I
administration and development of this ISTEA grant, all on a form
approved by the County Attorney.
5) That the Director of Economic Development is
hereby appointed as project coordinator for the administration of
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September 26, 1995
671
this grant project and these agreements.
6) That the Clerk to the Board of Supervisors is
directed to forward an attested copy of this Resolution to the
Clerk of the City of Salem and to the Hanging Rock Battlefield
and Railway Preservation Foundation.
On motion of Supervisor Kohinke to adopt the resolution
and appoint Timothy Gubala as Project Coordinator, and carried by
the following recorded vote:
AYES:
NAYS:
Supervisors Johnson, KOhinke, Eddy, Nickens, Minnix
None
h Resolution Reqardinq the Urban Partnership's
Report of the Research and Issues Development
Committee (Elmer C. Hodqe)
R-92695-8
Mr. Hodge reported that the Urban Partnership's
Research
and
Issues
Development
Committee will
make
a
presentation to the Urban Partnership Board on September 28 at
which time they will finalize the report to be forwarded to the
General Assembly for consideration. Mr. Hodge advised that there
were several issues included in the report that concerned him and
other County officials as to their possible negative affect on
counties. He recommended that the Board of Supervisors adopt a
resolution stating their opposition to certain aspects of the
report which would then be presented at the September 28 meeting.
member
Following discussion on the merits of remaining a
of the Urban Partnership," Supervisor Nickens moved to
adopt
the resolution.
The motion carried by the following
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September 26, 1995
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recorded vote:
AYES: Supervisors Eddy, Nickens, Minnix
NAYS: Supervisor Johnson
ABSTAIN: Supervisor Kohinke
It was the consensus of the Board that Supervisor Eddy
will represent the Board of Supervisors and attend the meeting in
Richmond with Mr. Hodge.
RESOLUTION 92695-8 STATING THE OPINION OF THE ROANOKE
COUNTY BOARD OF SUPERVISORS REGARDING THE SEPTEMBER 1,
1995 REPORT OF THE RESEARCH AND ISSUES DEVELOPMENT
COMMITTEE OF THE URBAN PARTNERSHIP
WHEREAS, some of the larger units of local governments
and the chambers of commerce in Virginia formed the Urban
Partnership in 1994, for the purpose of building support for the
restoration of Virginia's urban areas and to improve the economic
competitiveness of its urban regions, and
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WHEREAS, the Roanoke County Board of Supervisorsivoted
to become a full member of the Urban partnership in June,' 1995,
and
WHEREAS, the Research and Issues Development Committee
of the Urban Partnership has prepared a report dated September 1,
1995, that includes recommendations for consideration by the
Urban Partnership members and the General Assembly of Virginia,
THEREFORE, BE IT RESOLVED as follows:
1. That the Board of Supervisors of Roanoke County,
Virginia is in agreement with many of the concepts recommended in
said report, and
2. That the Board of Supervisors strongly opposes the
following recommendations in said report, and urges other members
of the Urban Partnership to take a similar position in the
interest of developing a consensus that can be submitted for 1
consideration by the 1996 session of the Virginia General
Assembly:
a. Use of a local option sales tax to benefit
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September 26, 1995
673
localities that achieve a prescribed level of
regional cooperation.
b. Distribution of incentive funds to localities
based upon the "disparity" formula of the
Department of Education which uses the
concentration and number of children who
qualify for free lunch in each locality.
other distribution formulae should be
developed.
c. Emphasis on reducing disparity of average
income between core cities and their suburbs.
This appears to be a peripheral issue not
directly related to the mission of the Urban
Partnership.
d.
Including the extent to which proj ects
promote "governmental integration" as a
factor in the selection of eligible projects
for incenti ve payments. "Governmental
Integration" c sounds like another term for
consolidation.
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e. Giving the Commission on Local Government the
power to "order" granting a City Class A
status and setting conditions therefor if a
city and county are not able to reach a
voluntary agreement on a transition plan.
f.
Changing
referendum
determined
voters, and
the
on
by a
requirements so that a
consolidation will be
majority of the combined
3. That copies of this resolution be transmitted
immediately to the chief elected and appointed officials of each
participating member government of the Urban Partnership and the
Chair, Co-Chair and Executive Director thereof.
On motion of Supervisor Nickens to adopt the
resolution, and carried by the following recorded vote:
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AYES:
NAYS:
ABSTAIN:
Supervisors Eddy, Nickens, Minnix
Supervisor Johnson
Supervisor Kohinke
IN RE:
REQUEST FOR PUBLIC HEARING AND FIRST READING OF
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September 26. 1995
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REZONING ORDINANCES - CONSENT AGENDA
Supervisor Johnson moved to approve the first readings
and set the public hearings and second readings for October 24,
1995. The motion carried by the following recorded vote:
AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix
NAYS: None
.h Ordinance to rezone 38.22 acres from R-1, single
family to PRD, planned residential development to
construct residential homes, located at Mountain
View Road and Laurel Glen Lane, north of the Blue
Ridqe Parkway, vinton Maqisterial District, upon
the petition of Wolf Creek Inc.
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Ordinance authorizinq a Special Use Permit to
allow an accessory apartment, located at 5757
Grandin Road Extension, Windsor Hills Maqisterial
District, upon the petition of Jane Allison
Parker.
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~ Ordinance authorizinq a Special Use Permit to
construct a fast food and drive-in restaurant,
located in Oak Grove Plaza Shopping Center,
Windsor Hills Maqisterial District, upon the
petition of McDonald's Corporation.
~ Ordinance authorizinq a Special Use Permit to
operate a private kennel, located at 4613 Bonsack
Road, Hollins Maqisterial District, upon the
petition of Donna Etzler.
~ Ordinance authorizinq a Special Use Permit to
construct a convenience store with a fast food
restaurant, located at the intersection of
Williamson Road and Summer View· Drive, Hollins
Maqisterial District, upon the petition of Jones &
Jones Associates.
IN RE:
FIRST READING OF ORDINANCES
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h Ordinance adoptinq a new chapter of the Roanoke
County
code,
Chapter
20.1
"Storm
Water
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675
Manaqement," and, imposinq a storm Water Manaqement
fee to fund a storm Water Manaqement Proqram for
Roanoke County. (Paul Mahonev, County Attornev)
Mr. Mahoney advised that the proposed ordinance would
create a storm water management program similar to that in Prince
William County. The ordinance would create a county-wide program
funded by a utility fee imposed on all developed property in the
County. The revenues from the fee are dedicated to a special
funds to cover costs associated with the storm water management
program and are similar to utility fees for water and sewer.
Supervisors Johnson and Nickens expressed concern about
applying a general tax increase instead of a special tax
district. Supervisor Eddy advised that he felt the program
should be funded by General Fund money.
Supervisor Nickens moved to take no action on the
ordinance and staff was directed to develop policies and
procedures to incorporate the alternative in the staff
recommendation of Board report which utilizes the public works
improvement ordinance to fund specific proj ects. The motion
carried by the following recorded vote:
AYES: Supervisors Johnson, KOhinke, Nickens, Minnix
NAYS: Supervisor Eddy
Supervisor Johnson requested that a public hearing be
held on this issue before any action is taken.
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IN RE:
SECOND READING OF ORDINANCES
h Ordinance authorizinq quitclaim and release of a
water
and
sanitary
sewer
easement
within
boundaries of Monet Drive, and located between Lot
1 of the Gardens of Cotton Hill, Section 1, and
Tract
1,
property
of
Strauss
Construction
corporation.
(Arnold
Covey,
Enqineerinq
&
Inspections Director)
0-92695-9
There was no discussion and no citizens spoke on this
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ordinance.
Supervisor Eddy moved to adopt the ordinance. The
motion carried by the following recorded vote:
AYES:
Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix
NAYS:
None
ORDINANCE 92695-9 AUTHORIZING QUIT-CLAIM AND
RELEASE OF WATER AND SANITARY SEWER EASEMENT
WITHIN BOUNDARIES OF MONET DRIVE AND LOCATED
BETWEEN LOT 1 OF THE GARDENS OF COTTON HILL,
SECTION 1 AND TRACT 1 (TAX #96.02-1-45)
PROPERTY OF STRAUSS CONSTRUCTION CORPORATION.
WHEREAS, in order for Monet Drive to be accepted into
the state secondary road system, the Virginia Department of
Transportation (VDOT) requires that the right-of-way be free and
clear of any third party rights or encumbrances; and,
WHEREAS, VDOT has requested quit-claim and release of I
an existing water and sanitary sewer easement within the
boundaries of Monet Drive and located between Lot 1 and the
remaining portion of Tract 1 (Tax Map #96.02-1-45) Property of
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strauss Construction Corporation, to the Commonwealth of
Virginia, subject to certain conditions; and,
WHEREAS, it will serve the interests of the public to
have Monet Drive accepted into the state secondary road system
and the release, subject to the issuance of a permit and other
conditions, will not interfere with other public services and is
acceptable to the Roanoke County Utility Department.
THEREFORE, BE IT ORDAINED by the Board of Supervisors
of Roanoke County, Virginia, as follows:
1. That pursuant to the provisions of Section 18.04
of the Roanoke County Charter, the acquisition and disposition of
real estate can be authorized only by ordinance. A first
reading of this ordinance was held on September 12, 1995; and a
second reading was held on September 26, 1995; and,
2. That pursuant to the provisions of Section 16.01
of the Charter of Roanoke County, the interests in real estate to
be released are hereby made available for other public uses by
conveyance to the Commonwealth of Virginia for acceptance of
Monet Drive into the state secondary road system by the Virginia
Department of Transportation (VDOT).
3. That quit-claim and release of the water and
sanitary sewer easement within the boundaries of Monet Drive and
located between Lot 1 of the Gardens of Cotton Hill, section 1,
and Tract 1 (Tax #96.02-1-45) Property of Strauss Construction
corporation, to the Commonwealth of Virginia, is hereby
authorized subject to the following conditions:
a. VDOT issuance of a permit for the water and
sanitary sewer lines or facilities.
b. The facilities located within the 60-foot
right-of-way, between Lot 1 of the Gardens of
Cotton Hill, Section 1, and Tract 1 (Tax #96.02-1-
45) Property of Strauss Construction Corporation,
may continue to occupy the street or highway in
the existing condition and location.
c. The release would be for so long as the
subject section of Monet Drive is used as part of
the public street or highway system.
4. That the subject easement is not vacated hereby
and shall revert to the County in the event of abandonment of the
street or highway.
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5. That the County Administrator is hereby authorized
to execute such documents and take such further actions as may be
necessary to accomplish this conveyance, all of which shall be on
form approved by the County Attorney.
6. That this ordinance shall be effective on and from
the date of its adoption.
On motion of Supervisor Eddy to adopt the ordinance,
and carried by the following recorded vote:
AYES:
NAYS:
Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix
None
~ Ordinance declarinq a parcel of real estate to be
surplus and acceptinq offers for sale of same,
namely the Leslie well lot.
(Paul Mahonev, County
Attorney)
Mr. Hahoney advised that this item was being deleted
from the agenda because the offer to purchase was withdrawn.
~ Ordinance declarinq a parcel of real estate to be
surplus and acceptinq offers for sale of same,
namely the Wheeler well lot.
(Paul Mahoney,
County Attorney)
0-92695-10
There was no discussion and no citizens spoke on
this ordinance.
Supervisor Minnix moved to adopt the ordinance
accepting the offer from Lyndon R. Carr for $13,525. The motion
carried by the following recorded vote:
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September 26, 1995
619
AYES:
Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix
NAYS:
None
ORDINANCE 92695-10 DECLARING A PARCEL OF REAL ESTATE TO
BE SURPLUS AND ACCEPTING AN OFFER FOR THE SALE OF SAME;
NAMELY THE WHEELER WELL LOT
BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That pursuant to the provisions of Section 16.01
of the Charter of Roanoke County, the subject property, havirtg
been made available for other public uses before permitting
disposition by sale, is hereby declared to be surplus.
2. That an advertisement for bids for the sale of
surplus real estate was advertised in the Roanoke Times & World
News on April 9, 1995.
3. That pursuant to the provisions of Section 18.04
of the Charter of Roanoke County, a first reading of this
ordinance was held on August 22, 1995; and a second reading was
held on September 26, 1995, concerning the disposition of the
following parcel of real estate identified as follows:
Wheeler Well Lot
Tax Map Parcel No. 87.11-3-28
4. That offers for said properties having been
redeived, the offer of Lvndon R. Carr to purchase this property
for the sum of $13,525 is hereby accepted.
5. That the purchase price for the property shall be
paid upon delivery of a deed therefor and all proceeds from the
sale of this real estate are to be paid into the capital
improvements fund.
6. That the County Administrator is hereby authorized
to execute such documents and take such actions on behalf of
Roanoke County as are necessary to accomplish the sale of said
property, all of which shall be on form approved by the County
Attorney.
7. That this ordinance shall be effective on and from
the date of its adoption.
On motion of Supervisor Minnix to adopt the ordinance,
and carried by the following recorded vote:
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September 2G, 1995
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AYES:
NAYS:
Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix
None
h ordinancedeclarinq a parcel of real estate to be
surplus and acceptinq offers for sale of same,
namely the Alqoma well lot. (Paul Mahonev, County
Attorney)
0-92695-11
There was no discussion and no citizens spoke on this
ordinance.
Supervisor Minnix moved to adopt the ordinance
accepting the offer of J. Larry Lyons for $16,300, and to improve II
the ordinance language in paragraph 5 at Supervisor Eddy's
request. The motion carried by the following recorded vote:
AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix
NAYS: None
ORDINANCE 92695-11 DECLARING A PARCEL OF REAL ESTATE TO
BE SURPLUS AND ACCEPTING AN OFFER FOR THE SALE OF SAME;
NAMELY THE ALGOMA PARK WELL LOT
BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That pursuant to the provisions of Section 16.01
of the Charter of Roanoke County, the subject property, having
been made available for other public uses before permitting
disposition by sale, is hereby declared to be surplus.
2. That an advertisement for bids for the sale of I
surplus real estate was advertised in the Roanoke Times & World
News on April 9, 1995.
3. That pursuant to the provisions of Section 18.04
of the Charter of Roanoke County, a first reading of this
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September 26, 1995
6Sl
ordinance was held on May 9, 1995; and a second reading was held
on September 26, 1995, concerning the disposition of the
following parcel of real estate identified as follows:
Algoma Park Well Lot
Tax Map Parcel No. 87.06-
2-22
4. That offers for
received, the offer of J. Larry
for the sum of Sixteen Thousand
is hereby accepted/rejected.
said properties having been
Lyons to purchase this property
Three Hundred ($16,300) Dollars
5. That the purchase price for the property shall be
paid upon delivery of a deed therefor and all proceeds from the
sale of this real estate are to be paid into the capital
improvements fund. That the utility Department be reimbursed for
the costs for the relocation of the existing water line from the
proceeds of this transaction.
6. That the County Administrator is hereby authorized
to execute such documents and take such actions on behalf of
Roanoke County as are necessary to accomplish the sale of said
property, all of which shall be on form approved by the County
Attorney.
7. That this ordinance shall be effective on and from
the date of its adoption.
On motion of Supervisor Minnix to adopt the ordinance,
and carried by the following recorded vote:
AYES:
NAYS:
Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix
None
IN RE:
APPOINTMENTS
.h Community Corrections Resources Board
It was the consensus of the Board that this appointment
be deleted from the agenda until the CCRB is reorganized.
h Grievance Panel
Supervisor Nickens nominated Cecil Hill to serve
another two year term which will expire September 27, 1997.
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Sep:t£.mbrr 26~ 1995
þ
~ Industrial Development Authority
This appointment was discussed in Executive Session.
IN RE:
CONSENT AGENDA
R-92695-12
Supervisor Kohinke moved
to
adopt
the
Consent
Resolution. The motion carried by the following recorded vote:
AYES:
Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix
NAYS:
None
RESOLUTION 92695-12 APPROVING AND CONCURRING
IN CERTAIN ITEMS SET FORTH ON THE BOARD OF
SUPERVISORS AGENDA FOR THIS DATE. DESIGNATED
AS ITEM L - CONSENT AGENDA
I
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 September 26, 1995 designated as Item L-
Consent Agenda be, and hereby is, approved and concurred in as to
each item separately set forth in said section designated Items 1
through 3, inclusive, as follows:
,
1. Confirmation of Committee Appointment to the
Industrial Development Authority.
2. Approval of a Raffle Permit for the Virginia
Junior Miss Scholarship Program.
3. Resolution in support of Catawba Hospital's
application to operate a class E non-emergency
patient Transport Van.
2. That the Clerk to the Board is hereby authorized I
and directed where required by law to set forth upon any of said
items the separate vote tabulation for any such item pursuant to
this resolution.
On motion of
Supervisor Kohinke to adopt the
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September 26, 1995
w
resolution, and carried by the following recorded vote:
AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix
NAYS: None
RESOLUTION 92695-12.c SUPPORTING CATAWBA HOSPITAL'S
APPLICATION TO OPERATE A CLASS E NON-EMERGENCY PATIENT
TRANSPORT VAN
WHEREAS, Catawba Hospital, a division of the Department
of Mental Health, Mental Retardation and Substance Abuse
Services, located in Roanoke County has filed an application with
the Virginia Department of Emergency Services (DES) for
permission to operate two Class E vehicles for the non-emergency
transportation of wheelcþair-bound patients from that hospital to
local hospitals or health care provider locations, and
WHEREAS, this Class E Non-Emergency Patient Transport
Van will not be available for public use, and will not be part of
the emergency services system for the Roanoke County area and
will service patients at Catawba Hospital only, and
WHEREAS, Roanoke County will continue to provide
emergency medical service coverage for Catawba Hospital, and
WHEREAS, DES requires a resolution of support from the
Board of Supervisors of Roanoke County prior to approval of such
an application.
NOW, THEREFORE, BE IT RESOLVED that the Board of
Supervisors of Roanoke County endorses the application for an EMS
Agency License for Catawba Hospital to use and operate a Class E
Non-Emergency Patient Transport Van.
On motion of Supervisor KOhinke to adopt the
resolution, and carried by the following recorded vote:
AYES:
NAYS:
Supervisors Johnson, KOhinke, Eddy, Nickens, Minnix
None
IN RE:
REPORTS AND INQUIRIES OF BOARD MEMBERS
Supervisor Nickens: He advised that he had received a
number of letters from parents at Cave Spring Junior High School
regarding the Board voting to deny the request for literary bonds
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S~pt~mber 26, 1995
þ
to air condition the school. He wanted the record to show that
he was not present at the September 12 Board meeting and did not
vote on this issue.
Supervisor Johnson: (1) He also advised that he
received some very emotional letters regarding this issue but
would not respond, and felt that the issue is not over. (2) He
announced that the Hanover Direct opening was successful; that
the intersection at Old Hollins Road should be plant mix covered
by the end of October; and that the stop lights at Old Hollins
Road and Hollins College should be installed within 18-20 days.
Supervisor KOhinke: He advised that he would not reply II
to the CSJHS letters because of the staff time and expense in
responding. His position is the same as the stand he took at the
September 12 meeting when he opposed the bond issue..
Supervisor Eddy: (1) He advised that he will respond
to the letters concerning CSJHS by forwarding a copy of his
September newsletter which outlines his position. (2) He
announced that he attended the Southwest Schools Steering
Committee meeting and was pleased with the work of the consultant
which will be presented on October 9 at Cave Spring High School.
(3) He advised that he was opposed to the request from the
Roanoke County Educational Association (RCEA) to show a 20 minute
video. Supervisor Johnson advised that he supported the request II
because it was about education funding disparities by the State.
Mr. Hodge advised that the video was only 10 minutes and the
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September 26, 1995
685
whole presentation would take approximately 20 minutes. (3) He
asked about a memorandum he sent regarding a request from a
developer to put in sidewalks which the Virginia Department of
Transportation discourages. Mr. Hodge advised that he had
written to VDOT. (5) He asked about a recent memorandum that he
sent on curbside recycling and asked if there would be emphasis
placed on this issue since the value of recycled materials has
increased. Mr. Hodge will check and report back. (6) He asked
if Mr. Mahoney was still working on the Brookwood well lot issue.
Mr. Mahoney responded affirmatively.
IN RE: REPORTS
Supervisor Johnson moved to receive and file the
following reports. The motion carried by a unanimous voice vote.
h General Fund Unappropriated Balance
h Capital Fund Unappropriated Balance
~ Board Continqencv Fund
~ Proclamations siqned bv the Chairman
~ Bond Pro;ect Status Report
h Report from VDOT on additions to the Secondary
System in Auqust 1995.
~ Statement of Expenditures and Revenues as of
8/31/95.
h
Accounts Paid - Auqust 1995.
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September 26, 1995
þ
IN RE:
WORK SESSION
h Vehicle Replacement Policy
It was the consensus of the Board to postpone the work
session on the Vehicle Replacement POlicy until October 10, 1995.
IN RE:
EXECUTIVE SESSION
At 6:10 p.m., Supervisor Eddy moved to go into
Executive Session pursuant to the Code of Virginia Section 2.1-
344 A (3) Discussion of the use of property for public purpose,
Salem Bank and Trust, 2.1-344 A (1) appointment of personnel; and
2.1-344 A (7) Potential Litigation.
The motion carried by the
I
following recorded vote:
AYES:
Supervisors Johnson, KOhinke, Eddy, Nickens, Minnix
NAYS:
None
IN RE:
CERTIFICATION OF EXECUTIVE SESSION
R-92695-13
At 7: 06 p.m., Supervisor Johnson moved to return to
open session and adopt the certification resolution. The motion
carried by the following recorded vote:
AYES:
Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix
NAYS:
None
RESOLUTION 92695-13 CERTIFYING EXECUTIVE MEETING WAS I
HELD IN CONFORMITY WITH THE CODE OF VIRGINIA
WHEREAS, the Board of Supervisors of Roanoke County,
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September 26, 1995-
687
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
identif ied in the motion convening the executi ve meeting were
heard, discussed or considered by the Board of Supervisors of
Roanoke County, Virginia.
On motion of Supervisor Johnson to adopt the
resolution, and carried by the following recorded vote:
AYES:
NAYS:
Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix
None
IN RE:
PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND AWARDS
h Resolution of Appreciation to Ronald S. Edwards
for over 22 years of service to Roanoke County.
R-92695-14
Mr. Edward was present and accepted the resolution from
Chairman Minnix.
Supervisor Kohinke moved to adopt the resolution. The
motion carried by the following recorded vote:
AYES:
Supervisors Johnson, KOhinke, Eddy, Nickens, Minnix
NAYS:
None
...i
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688
September 26, 1995
RESOLUTION 92695-14 EXPRESSING THE APPRECIATION OF THE
BOARD OF SUPERVISORS OF ROANOKE COUNTY TO RONALD S.
EDWARDS FOR OVER 22 YEARS OF SERVICE TO ROANOKE COUNTY
WHEREAS, Ronald S. Edwards was first employed in
February, 1973, as a Firefighter with the Roanoke County Fire and
Rescue Department; and
WHEREAS, Mr. Edwards has also served as a Fire Captain,
Fire and Rescue Planning Officer, and Technical Services Officer;
and
WHEREAS, Mr. Edwards was very instrumental as Project
Manager in the implementation of the new 800 MHZ Radio System,
which has improved the capabilities required in the areas of
Public Safety; and
WHEREAS, Mr. Edwards, in addition to his other duties,
reviewed site plans in order to assure sufficient fire hydrant
placements and access for fire and emergency equipment to provide
quality service to new sites; and
WHEREAS, Mr. Edwards, through his employment wi th
Roanoke County, has been instrumental in improving the quality of
life for its citizens.
NOW, THEREFORE, BE IT RESOLVED that the Board of
Supervisors of Roanoke County, Virginia, expresses its deepest
appreciation and the appreciation of the citizens of Roanoke
County to RONALD S. EDWARDS for over 22 years of capable, loyal
and dedicated service to Roanoke County.
FURTHER, the Board of Supervisors does express its
best wishes for a happy, restful, and productive retirement.
On motion of Supervisor Kohinke to adopt the
resolution, and carried by the following recorded vote:
AYES:
NAYS:
Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix
None
h Presentation of plaque to the County of Roanoke
for their contribution to the Commonwealth Games.
(Peter
President,
Lampman,
Virqinia
Amateur
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September 26, 1995
689
Sports, Inc.)
Mr. Lampman reported on the success of the Commonwealth
Games. He advised that there was a 10.5% increase in the number
of athletes who participated and a 19% increase in the number of
athletes from the east and north. Over 40,000 athletes have
competed in the Games since its inception.
He ,presented T-shirts and a plaque to the Board and
expressed appreciation for their support.
IN RE:
PUBLIC HEARINGS
h Public Hearinq and resolution authorizinq the
execution of an aqreement relocatinq the boundary
lines between the ci tv of Salem and County of
Roanoke. (Paul M. Mahonev, County Attorney)
R-92695-15
Mr. Mahoney advised that this resolution authorizes
execution of an agreement to relocate the boundary line between
the City of Salem and County of Roanoke at the request of Patrick
S. and Robin S. Pillis. A transfer of property from the City to
the County is not part of this transaction.
Ray Byrd, attorney for the petitioners, explained that
the acreage is divided into two tracts with a portion of the
second tract located in Roanoke County. This land is only 1/10
mile from South Salem Elementary School, is near the Salem Fire
and Rescue, and it would be a benefit to the County for services
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Se:p:tembel U~ 1995
þ
to be provided by the city.
He advised that the City of Salem
advised him t.hat they would consider a similar boundary line
adjustment in the future.
Supervisor Kohinke moved to adopt the resolution. The
motion carried by the following recorded vote:
AYES:
Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix
NAYS:
None
A RESOLUTION 92695-15 AUTHORIZING THE
EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF
SALEM AND THE COUNTY OF ROANOKE RELOCATING
THE BOUNDARY LINE BETWEEN SAID GOVERNMENTAL
ENTITIES, AND AUTHORIZING THAT CERTAIN OTHER
ACTIONS RELATING TO SUCH BOUNDARY LINE BE
TAKEN AS PROVIDED BY LAW
I
WHEREAS, pursuant to the provisions of Article 2,
Chapter 24, Title 15.1, 1950 Code of Virginia, as amended, the
governing bodies of the County of Roanoke and the city of Salem
wish to petition the Court for approval to relocate portions of
the boundary line between these two jurisdictions; and
,WHEREAS, the relocation of the boundary line of
governmental entities in the area proposed will permit
effective and efficient delivery of municipal services
promote the public health, safety, and welfare; and
such
more
and
WHEREAS, the governing body of the City of Salem has
adopted a measure reflecting its desire to relocate and change a
portion of the· boundary line between the City and County as
requested by certain property owners within said areas; and
WHEREAS, the City of Salem and the County of Roanoke
have agreed to the boundary relocation by action of their
respective governing bodies.
WHEREAS, this action is being taken upon the request of
Patrick S. and Robin S. Pillis.
I
THEREFORE, BE IT RESOLVED by the Board of Supervisors
of Roanoke County, Virginia, that:
____·o___. ._u~ ~_..u. _________
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September 26, 1995
691-
1. The Chairman of the Board of Supervisors is hereby
authorized to execute an agreement between the city of Salem and
the County of Roanoke, on a form approved by the County Attorney,
establishing a new boundary line at certain points between said
jurisdictions, as more particularly shown on a plat prepared by
T.P. Parker & Son, dated July 31, 1995, ~hich is incorporated by
reference herein (Exhibit 1).
2. The boundary line set forth in said agreement will
be described by metes and bounds (Exhibit 2).
3. Notice of the 'proposed boundary line adjustment
has been duly published as required by §15.1-1031.2 of the State
Code.
4. Upon approval of the execution of the agreement
between the governing bodies, the County Attorney is authorized
to peti tion the Circui t Court of one of the affected
jurisdictions to relocate the boundary line in accordance with
the plats and the agreement.
5. Upon entry of an order by the Circuit Court
establishing the new boundary line, a certified copy of such
order will be forwarded to the Secretary of the Commonwealth.
6. The County Administrator and County Attorney are
authorized to take, or cause to be taken, such other actions, and
to execute other documents as may be required by law to effect
the change in the boundary line as set forth herein.
7. The Clerk to the Board of Supervisors is directed
to forward an attested copy of this resolution to the Clerk of
the City of Salem.
On motion of Supervisor Kohinke to adopt the
resolution, and carried by the following recorded vote:
AYES:
NAYS:
Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix
None
IN RE:
PUBLIC HEARING AND SECOND READING OF ORDINANCES
h
Ordinance authorizinq a Special Use Permit to
operate a convenience store and qasoline outlet,
located at the corner of Plantation and
Hershberqer Roads, Hollins Maqisterial District,
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Spptembrf 26~ 1995
þ
upon the petition of Workman oil Co. (Terry
Harrinqton, Director of Planninq & Zoninq)
(CONTINUED FROM AUGUST 22, 1995. PETITIONER HAS
REQUESTED AN INDEFINITE CONTINUANCE)
Mr. Mahoney advised that the petitioner can request a
continuance for a one-year period from the hearing of the
Planning Commission.
Supervisor Johnson requested that another public
hearing be scheduled at County expense if the request is brought
back to the Board.
h Ordinance authorizing a special Use Permit to
expand an existing church to increase the
sanctuary and class rooms, located at 4505 Hazel
Drive, Cave Sprinq Maqisterial District, upon the
peti tion of Cave Sprinq united Methodist Church.
(Terry Harrington, Planninq and Zoninq Director)
I
0-92695-16
Mr. Harrington reported that at the Planning Commission
meeting, the commission requested clarification on the
neighborhood meeting regarding their concern with buffering. The
neighbors did not want heavy landscaping because of problems with
trespassers using the area at night. He advised that the church II
plans a two-story 20,000 square foot expansion to the existing
facility which would include a new sanctuary and classrooms with
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September 26, 1995
693
additiònal parking and landscaping.
Mr. J. T. Andersòn, 4915 Colonial Avenue spoke, and
said that he was concerned about water runoff from the property,
and that there were no completed site plans.
He also was
concerned about activities that currently take place on the
parking lot which could increase if the buffering makes the lot
more secluded.
Mr. Harrington responded that any storm water runoff
must be detained on the church property and that the petitioner
could avoid buffering that would further seclude the lot.
Supervisor Eddy suggested an additional condition that would
require a gate around the loop road at the church site.
Supervisor Minnix moved to adopt the ordinance with
Supervisor Eddy's suggested condition that the church construct a
gate around the loop road to discourage trespassers. The motion
carried by the following recorded vote:
AYES:
Supervisors Johnson, KOhinke, Eddy, Nickens, Minnix
NAYS:
None
ORDINANCE 92695-16 GRANTING A SPECIAL USE
PERMIT TO CAVE SPRING UNITED METHODIST CHURCH
TO EXPAND AN EXISTING CHURCH TO INCREASE THE
SANCTUARY AND CLASS ROOMS (TAX PARCELS 77.17-
5-20, CAVE SPRING MAGISTERIAL DISTRICT
WHEREAS, the Cave Spring United Methodist Church has
filed a petition to allow the expansion of an existing church to
increase the sanctuary and class rooms, located at 4505 Hazel
Drive, in the Cave Spring Magisterial District; and
WHEREAS, the Planning Commission held a public hearing
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September 26. 1995
þ
on this matter on September 5, 1995; and
WHEREAS, the Board of Supervisors of Roanoke County,
Virginia, held a first reading on this matter on August 22, 1995;
the second reading and public hearing on this matter was held on
September 26, 1995.
NOW, THEREFORE BE IT ORDAINED by the Board of
Supervisors of Roanoke County, Virginia, as follows:
1. That the Board finds that the granting of a
special use permit to allow the expansion of an existing church
to increase the sanctuary and class rooms, located at 4505 Hazel
Drive, in the Cave Spring Magisterial District is substantially
in accord with the adopted 1985 Comprehensive Plan pursuant to
the provisions of § 15.1-456 (b) of the 1950 Code of Virginia, as
amended, and hereby grants a Special Use Permit to the Cave
spring United Methodist Church to allow said use, subject to the
following condition:
(A) In accordance with section 30-92-5(A)2, Petitioner I
will provide innovative landscaping or
architectural design on the building site to
achieve an equivalent screening or buffering
effect.
(B) Petitioner will construct a gate around the loop
road to discourage trespassers.
On motion of Supervisor Minnix to adopt the ordinance
with condition (B) added, and carried by the following, recorded
vote:
AYES:
NAYS:
Supervisors Johnson, KOhinke, Eddy, Nickens, Minnix
None
~ Ordinance authorizinq a special Use Permit to
operate a private kennel located at 5502 South
Roselawn Road, windsor Hills Maqisterial District,
upon the petition of Helene Mawver.
(Terry
Harrinqton,
Director
of
Planninq
&
Zoninq)
I
(CONTINUED FROM AUGUST 22, 1995 AT THE REQUEST OF
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September 26, 1995
695
THE PETITIONER)
0-92695-17
Ms. Mawyer is requesting the special use permit in
order to keep the three dogs she currently owns.
Ms. Judith Hoven, 5454 S. Roselawn Road, and Mr. Ed
Griffith, 6208 Saddleridge Lane, spoke and advised that while
they originally opposed the request, they no longer had any
objections because of the conditions recommended by the Planning
Commission.
Mr. Harrington presented a memo that clarified the
third condition and asked that the ordinance be amended with the
clarified language.
Supervisor Eddy moved to adopt the ordinance with
Condition "c" wording as included in_Terry Harrington's
memorandum of September 25, 1995.
The motion carr ied by the
following recorded vote:
AYES:
Supervisors Johnson, Eddy, Nickens, Minnix
NAYS:
Supervisor Kohinke
ORDINANCE 92695-17 GRANTING A SPECIAL USE
PERMIT TO HELENE MAWYER TO OPERATE A PRIVATE
KENNEL LOCATED AT 5502 SOUTH ROSELAWN ROAD
(TAX PARCEL 86.03-1-30.3), WINDSOR HILLS
MAGISTERIAL DISTRICT
WHEREAS, Helene Mawyer has filed a petition to allow
the operation of a private kennel located at 5502 South Roselawn
Road, in the Windsor Hills Magisterial District; and
WHEREAS, the Planning Commission held a public hearing
on this matter on July 5, 1995; and
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September 26, 1995
þ
WHEREAS, the Board of Supervisors of Roanoke County,
Virginia, held a first reading on this matter on August 22, 1995;
the second reading and public hearing on this matter was held on
September 26, 1995.
NOW, THEREFORE BE IT ORDAINED by the Board of
Supervisors of Roanoke County, Virginia, as follows:
1. That the Board finds that the granting of a
special use permit to allow the operation of a private kennel
located at 5502 South Roselawn Road in the Windsor Hills
Magisterial District is substantially in accord with the adopted
1985 Comprehensive Plan pursuant to the provisions of § 15.1-456
(b) of the 1950 Code of Virginia, as amended and hereby grants a
Special Use Permit to Helene Mawyer to allow said use, subject to
the following conditions:
(A) There shall be a maximum of three dogs kept at the
site, effective October 1, 1995.
(B) The dogs shall be controlled with a no-bark collar I
when outside and unattended.
(C) This Special Use Permit will be reconsidered by
the Planning Commission at its October 1996 public hearing. The
Planning commission shall evaluate the applicants compliance with
conditions (A) and (B) and shall consult with the Roanoke County
Police Department Community Services Officers regarding any
current violations on the property. If the Planning Commission
believes that the conditions (A) and (B) have been violated, and
that the applicant has not successfully controlled the barking of
the dogs on the property, then the Commission shall recommend to
the Board of Supervisors that the Special Use Permit be revoked.
On motion of Supervisor Eddy to adopt the ordinance
with the language in condition (C) modified, and carried by the
following recorded vote:
AYES:
NAYS:
Supervisors Johnson, Eddy, Nickens, Minnix
Supervisor Kohinke
~ Ordinance amendinq and reenactinq Ordinance 82592-
12, to amend the floodplain provisions and maps of
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the Zoninq Ordinance to conform wi th FEMA
requirements, upon the petition of the Roanoke
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September 26, 1995
697
County Planninq Commission. (Terrv Harrinqton,
Planninq and Zoninq Director)
0-92695-18
Mr. Harrington advised that the amendments consist of
changes in three areas:
(1) the Flood Insurance Rate Maps have
been modified to correct the floodway boundary along the Roanoke
River in the vicinity of Diuguids Lane; (2) Amendments to the
National Flood Insurance Program regulating the placement of
recreational vehicles in floodprone areas; and (3) minor
revisions to the definitions and administrative provisions.
Supervisor Johnson moved to adopt the ordinance.
The
motion carried by the following recorded vote:
AYES:
Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix
NAYS:
None
ORDINANCE 92695-18 AMENDING AND REENACTING
ORDINANCE 82592-12, THE ZONING ORDINANCE OF
ROANOKE COUNTY, BY AMENDING THE FLOODPLAIN
OVERLAY DISTRICT FOR ROANOKE COUNTY
WHEREAS, the following text amendments have been
mandated by the Federal Emergency Management Agency (FEMA) in
order that Roanoke County maintain its eligibility in the
National Flood Insurance Program; and
WHEREAS, legal notice and advertisement has been
provided as required by law.
NOW THEREFORE, BE IT ORDAINED by the Board of
Supervisors of Roanoke County, Virginia as follows:
1. That the following sections pertaining to the
Floodplain Overlay District be amended and reenacted to read and
provide as follows:
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FLOODPLAIN PROVISIONS OF THE
ROANOKE COUNTY ZONING ORDINANCE
ARTICLE II
DEFINITIONS AND USE TYPES
SEC. 30-28
DEFINITIONS
FLOOD - A general and temporary inundation of normally
dry land areas.
:!:~:¡::::::::::::::::::¡::~ÐOOm¡:::EE8:g,;:ªR!;:::::::::::::~BE¡::::::::::::æmEEB%ªm!n~:::::::::;::gi::::::¡¡¡:ª:¡:¡:::;l~!®ª.µ.!l
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September 26, 1995
699
It1'111'111__
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SEC. 30-74
OF FLOODPLAIN 'OVERLAY DISTRICT
Sec. 30-74-4
Delineation of Areas
(A)
The various floodplain areas shall include areas
subject to inundation by waters of the 100 year flood.
The primary basis for the delineation of these areas
shall be the Flood Insurance study for Roanoke County
prepared by the Federa,~u.,.~,Il1,~:r:.g,~,l?~Y... Management Agency,
dated October 15, 1993:;:::::::::::ª§::~:::::::ªm:§Pª§ª. These areas are
more speci fica 11 y def ined'·"·"åå"""'£Ôrrôws :
3 . The Approximated Floodplain shall be ~ .gª~
i;ä~;ji~:~:;JJli~~1JM
grèa€ef"··tháif'··'fö'Ö',·· acres. Such area~ may be en the
Floeà In~uraftce Rate Uap. Where the specific 100-
year flood elevation cannot be determined for this
area using other sources of data such the U. s.
Army Corps of Engineers, Floodplain Information
Reports, U.S. Geological Survey Flood Prone
Quadrangles, etc., then the applicant for the
proposed use, development and/ or acti vi ty shall
determine this elevation in accordance with
hydrologic and hydraulic engineering techniques.
Hydrologic and hydraulic analyses shall be
undertaken only by professional engineers or
others of demonstrated qualifications, who shall
certify that the technical methods used correctly
reflect currently accepted technical concepts.
Calculations for the design flood shall be related
to existing land use and potential development
under existing zoning. Studies, analyses,
computations, etc., shall be submitted in
sufficient detail to allow a thorough review by
the County Enqineer RÆtiª'S~gìl§Ë]MMlIgæl!SE$ï«Ii§9.
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September 26, 1995
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Sec. 30-74-7
Generally
Floodplain
. Area
Provisions,
:z:~
Sec. 30-74-12
Areas
Existing Structures in Floodplain
(A) A structure or use of a structure or premises which
lawfully cxi3ting ~ð%iEª~ili~efore the enactment of these
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September 26, 1995
701
prov1s10ns, but which is not in conformity with these
provisions may be continued sUbject to the following
conditions:
1. Existing structures and/ or uses located in the
Floodway shall not be expanded or enlarged (unless
the effect of the proposed expansion or
enlargement on flood heights is fully offset by
accompanying improvements).
2. Any modification, alteration, repair,
reconstruction, or improvement of any kind toa
structure and/or use located in any floodplain
area to an extent or amount of 50 percent or more
of its market value, shall be undertaken only in
full compliance with the Virginia Uniform
Statewide Building Code.
2. That this ordinance shall be in full force and
effect from and after its adoption. All ordinances or parts of
ordinance 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:
.·U_
Supervisors Johnson, KOhinke, Eddy, Nickens, Minnix
None
IN RE:
CONTINUED HEARINGS
Chairman Minnix announced that the fOllowing public
hearings have been continued until December 12, 1995, at the
request of the petitioner, the Industrial Development Authority,
h Ordinance to rezone approximatelV 1 acre from R-2
to C-1 to ad;ust the zoninq boundary to conform to
the east property line, located on the east side
of Starkey Road ad;acent to Huntinq Hills Countrv
Club, Cave Sprinq Maqisterial District, UDon the
peti tion of the Industrial Development Authori tv
of Roanoke County (Old Heritaqe).
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Ordinance to rezone 22.59 acres from I-1C and C-1
to C-2 to increase commerciallY zoned frontaae.
located on the southeast side of Route 460 at the
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S.ept~mhp.r 26, 1995
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intersection with Carson Road, Hollins Maqisterial
District, upon the petition of the Industrial
Development Authoritv (F&W).
~ Ordinance to rezone a 2 acre portion of a 174.56
acre parcel from R-1 to I-2 to include this
property wi thin the industrial park boundaries,
located on the north side of Valley TechPark,
ad;acent to entrance road and Route 11/460,
Catawba Maqisterial District, upon the petition of
the Industrial Development Authori tv of Roanoke
County.
.L.
Ordinance to rezone a portion of a 34.04 acre
parcel from C-1 to I-2 to include this property
within the industrial zoninq area for expansion of
Valley TechPark, located on the north side of
Valley TechPark between the southern property line
and Hope Branch Creek, Catawba Maqisterial
District, upon the petition of the Industrial
Development Authority of Roanoke County (Helen Cox
Richards) .
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IN RE:
ADJOURNMENT
At 7:50 p.m., Supervisor Johnson moved to adjourn. The
motion carried by a unanimous voice vote.
Submitted by,
Approved by,
~ß/.~
Mary H. Allen
Clerk to the Board
/-1 (ltßf 1'.k57,1 ¡t ~J
H. Odell "Fuzzy" Minnix
Chairman
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