11/21/1995 - Regular
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Novemher 21 199~
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Roanoke County Board of Supervisors
Roanoke County Administration Center
5204 Bernard Drive
Roanoke, Virginia 24018
November 21, 1995
The Board of Supervisors of Roanoke County, Virginia, met
this day at the Roanoke County Administration Center, this being the
third Tuesday, and the only regularly scheduled meeting of the month
of November, 1995.
IN RE:
CALL TO ORDER
Chairman Minnix called the meeting to order at 3: 03 p.m.
The roll call was taken.
MEMBERS PRESENT:
Chairman H. Odell "Fuzzy" MinnÍ>c, Vice
Edward G. KOhinke, Sr., Supervisors
Johnson, Harry C. Nickens
Chairman
Bob L.
MEMBERS ABSENT:
Supervisor Lee B. Eddy
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
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November 2L 1995
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The invocation was given by the Reverend John Hartwig,
Good Shepherd Lutheran Church.
'rhe Pledge of Allegiance was
recited by all present.
IN RE:
REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF
AGENDA ITEMS
Chairman Minnix announced that the petitioner had
requested that the public hearing for the proposed rezoning at
3142 Brambleton Avenue be postponed until December 12, 1995.
IN RE:
PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND AWARDS
I
~ Resolution of Appreciation upon the retirement of
Cecil c.
Reynolds,
Jr. ,
Parks & Recreation
Department.
R-112195-1
Mr. Reynolds was not present.
Supervisor Johnson moved to adopt the resolution. The
motion carried by the following recorded vote:
A YES: Supervisors Johnson, Kohinke, Nickens, Minnix
NAYS: None
ABSENT: Supervisor Eddy
RESOLUTION 112195-1 EXPRESSING THE APPRECIATION OF THE
BOARD OF SUPERVISORS OF ROANOKE COUNTY TO CECIL C. I
REYNOLDS, JR. FOR OVER FIFTEEN YEARS OF SERVICES TO
ROANOKE COUNTY
WHEREAS,
Cecil C. Reynolds, Jr. was first employed on
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NO\Temher 21, 199~
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October 1, 1979 as a laborer in the Building Maintenance Division
of the General Services Department; and
WHEREAS, Mr. Reynolds has also served as Grounds
Maintenance Wòrker in the General Sèrvices Department and Parks
Maintenance Worker in the Parks and Recreation Department; and
WHEREAS, Mr. Reynolds has exemplified the true spirit
of dedication to the Parks and Recreation mission and set a
standard for others to follow; and
WHEREAS, Mr. Reynolds, throûgh his employment with
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 CECIL C. REYNOLDS, JR. for over fifteen 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 Johnson to adopt the
resolution, and carried by the following recorded vote:
AYES: Supervisors Johnson, KOhinke, Nickens, Minnix
NAYS: None
ABSENT: Supervisor Eddy
~ Resolution of Appreciation upon the retirement of
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November 21, 1995
Robert S. Lamb, General Services Department.
R-112195-2
Chairman Minnix presented the resolution to Mr. Lamb.
Supervisor Kohinke moved to adopt the resolution. The
motion carried by the following recorded vote:
AYES: Supervisors Johnson, Kohinke, Nickens, Minnix
NAYS: None
ABSENT: Supervisor Eddy
RESOLUTION 112195-2 EXPRESSING THE APPRECIATION OF THE
BOARD OF SUPERVISORS OF ROANOKE COUNTY TO ROBERT S.
LAMB FOR OVER THIRTY-FOUR YEARS OF SERVICES TO ROANOKE
COUNTY
WHEREAS,
Robert S. Lamb was first employed on
September 1, 1961, as a Laborer in the Solid Waste Division of
the General Services Department; and
WHEREAS,
Mr. Lamb has also served as Motor Equipment
Operator and Solid Waste Equipment Operator; and
WHEREAS, Mr. Lamb has always been willing to go above
and beyond the call of duty in crisis situations, especially
during storm cleanups; and
WHEREAS, Mr. Lamb has always been ready to assist his
fellow employees in completing job assignments and will be
greatly missed by the employees of the Solid Waste Division; and
WHEREAS, Mr. Lamb, through his employment with Roanoke
County, has been instrumental in improving the quality of life
for its citizens.
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N'Wfftlet'f 21, 1995
773
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 ROBERT S. LAMB for over thirty-four 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: Supervisors Johnson, Kohinke, Nickens, Minnix
NAYS: None
ABSENT: Supervisor Eddy
~ Recoqnition of Howard D. Bullen for his service on
the Parks and Recreation Advisorv Commission.
Mr. Bullen was not present.
Supervisor Johnson moved to approve the recognition.
The motion carried by the following recorded vote:
AYES: Supervisors Johnson, Kohinke, Nickens, Minnix
NAYS: None
ABSENT: Supervisor Eddy
h
Resolution of Conqratulations to the Roanoke
County PUblic Library upon its 50th Anniversary.
R-112195-3
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November 2L 1995
Chairman Minnix presented the resolution to Dr. Norma
Jean Peters, member of the Library Board.
Supervisor Kohinke moved to adopt the resolution. The
motion carried by the following recorded vote:
AYES:
Supervisors Johnson, KOhinke, Nickens, Minnix
NAYS:
None
ABSENT:
Supervisor Eddy
RESOLUTION 112195-3 OF CONGRATULATIONS TO THE ROANOKE
COUNTY PUBLIC LIBRARY ON THE OCCASION OF ITS FIFTIETH
ANNIVERSARY
WHEREAS,
the Roanoke County Public Library
was
chartered by the State of Virginia on November 10, 1945; and
WHEREAS,
the Roanoke County Public Library began with
a collection of 300 books, housed in a single room, and has grown
to include 314,630 items at six libraries; and
WHEREAS,
Roanoke County, together with Botetourt
County, built the first joint library constructed in the State of
Virginia; and
WHEREAS,
annual circulation at the Roanoke County
Public Libraries is the highest in the Roanoke Valley and now
exceeds more than 782,000 per year; and
WHEREAS,
citizens made over 633,000 visits to the
Roanoke County Public Libraries during the past year; and
WHEREAS,
the library has grown increasingly more
important in meeting the educational and informational needs of
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Nov@mbßr 11, 199~
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its patrons through a diverse collection, access to electronic
databases and other online resources; and
WHEREAS, the Roanoke County Public Library has,
throughout its fifty-year history, emphasized ·a positive and
responsive approach to customer service.
NOW, THEREFORE, BE IT RESOLVED that the Board of
Supervisors of Roanoke County, Virginia, does hereby, on behalf
of its members and all the citizens who have benefitted through
the years, extend its appreciation and congratulations to the
ROANOKE COUNTY PUBLIC LIBRARY on the celebration of its 50th
anniversary; and
FURTHER, the Board of Supervisors does extend its best
wishes for another fifty years of service to the community, and
urges all citizens to reaffirm their commitment to the Roanoke
County Public Library.
On motion of Supervisor Kohinke to adopt the
resolution, and carried by the following recorded vote:
AYES: Supervisors Johnson, KOhinke, Nickens, Minnix
NAYS: None
ABSENT: Supervisor Eddy
.h
Resolution of Conqratulations
Administrator Elmer Hodqe upon
anniversary with Roanoke County.
to
his
County
10th
R-112195-4
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November 21, 1995
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Chairman Minnix presented the resolution and a gift to
Mr. Hodge. He announced that there would be a reception for Mr.
Hodge following the afternoon session.
Supervisor Kohinke moved to adopt the resolution. The
motion carried by the following recorded vote:
AYES:
Supervisors Johnson, Kohinke, Nickens, Minnix
NAYS:
None
ABSENT:
Supervisor Eddy
RESOLUTION 112195-4 OF CONGRATULATIONS TO COUNTY
ADMINISTRATOR ELMER C. HODGE, JR. UPON HIS 10TH
ANNIVERSARY WITH THE COUNTY OF ROANOKE
WHEREAS, in November 1985 , Elmer c. Hodge, Jr. was I
appointed as the Administrator for the County of Roanoke,
Virginia; and
WHEREAS, his first challenge was dealing with the
disastrous results of the Flood of 1985, the worst flood in the
County's history; and
WHEREAS, since that time, the County has successfully
accomplished many projects and programs under Mr. Hodge's capable
direction; and
WHEREAS,
dur ing Mr.
Hodge's
tenure,
the
County
celebrated its 150th birthday with a huge sesquicentennial
celebration, and has been named an All America City, the only
WHEREAS, two major projects, the smith Gap Landfill and
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county in Virginia to be so honored; and
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Novemher 21, 199~
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Spring Hollow Reservoir were begun and completed under Mr.
Hodge's leadership; and
WHEREAS, during the past ten years, Mr. Hodge has
continuously exhibited the necessary qualities to direct the
administration of the County of Roanoke as it approaches the
beginning of the 21st century.
NOW, THEREFORE, BE IT RESOLVED that the Board of
Supervisors of the County of Roanoke, Virginia, offers its
sincere congratulations to ELMER C. HODGE, JR. upon his 10th
Anniversary as Administrator for the County of Roanoke; and
FURTHER, the Board of Supervisors expresse~ its
appreciation to Mr. Hodge for his many contributions in enhancing
the quality of life for the citizens of the County of Roanoke,
Virginia.
On motion of Supervisor Kohinke to adopt the
resolution, and carried by the following recorded vote:
AYES: Supervisors Johnson, Kohinke, Nickens, Minnix
NAYS: None
ABSENT: Supervisor Eddy
IN RE:
BRIEFINGS
~ Briefinq on the Visioninq Process (Janet Scheid,
Planninq and Zoning)
The briefing was presented by Janet Scheid, Planner.
She explained that the visioning process began in January 1995
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November 21, 1995
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and has been guided by a citizen's steering committee. In April
there was a county-wide community meeting and ten citizen focus
groups were formed to develop vision statements. The groups met
throughout the summer and on August 15, the focus group
representatives briefed the Board on their work. Another
community-wide meeting was held on October 28. Ms. Scheid
advised that the visioning process will provide the basis for the
Comprehensive Plan and the Capital Improvement Plan. A request
for funding and a report on the comprehensive Plan will be
presented at the December 12, 1995 meeting. Dr. James Sears,
chairman of the s~eering committee, was also present.
I
~ Update on spring Hollow Water Pro;ect. (Gary
Robertson, Director, utility)
Mr. Robertson presented slides showing the progress of
construction of the water treatment plant. He also updated the
Board on pumping at the reservoir, installation of the South
Transmission Line and plans for the North Transmission Line. He
announced that the opening of the water treatment plant is
scheduled for January 13, 1996.
IN RE:
NEW BUSINESS
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Consideration of request from the city of Roanoke
to form a Transportation District. (Elmer C.
Hodqe, County Administrator)
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A-112195-5
Mr. Hodge reported that Roanoke City will be losing
considerable federal funding for the Valley Metro system over the
next several years. As a result they are pursuing other methods
of funding to continue the system. Roanoke City Mayor David
Bowers has requested that Roanoke County, the Town of Vinton and
City of Salem consider forming a Transportation District, which
wold provide for an assessment of additional taxes up to 2% on
each gallon of gasoline sold in the participating localities. It
is estimated that $485,000 could be generated from this tax in
_the County. However, it must be offset by a reduction in other
local taxes. Mr. Hodge recommended that the Board authorize the
Chairman to appoint the appropriate County officials to meet
with similar Roanoke City officials and bring back a proposed
agreement.
The Board members were generally supportive of going
forward with discussions provided that the funds could be used to
reduce other taxes and that the County would keep their portion
of the taxes that were generated.
Supervisor Kohinke moved that Chairman Minnix appoint
County officials to meet with Roanoke City officials to discuss
the issue further. The motion carried by the following recorded
vote:
AYES:
NAYS:
Supervisors Johnson, Kohinke, Nickens, Minnix
None
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November 21, 1995
ABSENT:
Supervisor Eddy
~ Request from the city of Salem for assistance with
NCAA Division III and Division II Championships -
Staqq Bowl and Basketball Final Four. (Tim Gubala,
Economic Development Director)
A-112195-6
Mr. Gubala advised that Roanoke County provides $2,500
to the City of Salem to support the Amos Alonzo Stagg Bowl and
City of Salem is requesting that the County increase its
contribution by $1,500 to increase exposure and host the NCAA
Division III Basketball Final Four Championship. The increase
would make Roanoke County a Silver Level Combination Patron and
the increase would be funded from the Economic Development
Special Events budget.
Supervisor Nickens moved to approve funding of $1,500
from the Economic Development Special Events Budget. The motion
carried by the following recorded vote:
AYES: Supervisors Johnson, Kohinke, Nickens, Minnix
NAYS: None
ABSENT: Supervisor Eddy
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Request to use $2,500 PUblic-Private Partnership
funds for a new 1996 ISTEA Grant Application for
the Hanqinq Rock Battlefield Trail. (Tim Gubala,
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November 21, 1995
781
Economic Development Director)
A-112195-7
Mr. Gubala reported that the Hanging Rock Battlefield
and Railway Preservation Foundation was recently awarded $549,300
by the Virginia Department of Transportation to construct the
Roanoke Valley's first greenway between the Hanging Rock area and
City of Salem. The grant did not provide sufficient funding to
implement the entire plan and the Foundation is requesting
funding from the County, Salem, and local organizations for
contributions to assist in completing an ISTEA application for
1996. The County's portion is $2,500 which is available in the
Economic Development Public-Private Partnership fund.
Mr. David Robbins from the Foundation was present and
described the plans for Phases I and II.
Supervisor Kohinke moved to appropriate $2,500 funding
from the public-private partnership fund for the grant
application. The motion carried by the following recorded vote:
AYES:
NAYS:
ABSENT:
Supervisors Johnson, Kohinke, Nickens, Minnix
None
Supervisor Eddy
h
Request for appropriation of $2,500 from Public
Private Partnership Funds for the Archery
Shooter's Association Virqinia Championship.
(Joyce Waugh, Economic Development Specialist)
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November 21, 1995
A-112195-8
Ms. ~vaugh advised that the Virginia Championship of
Archery Shooter's Association is one of six preliminaries held in
the united states to qualify for the World Championship. This is
the first time the event has ever been held in Virginia. The
estimated direct economic impact ranges from $.8 million to $2.0
million. Appalachian Power is providing at no charge the site at
Smith Mountain Lake. Other valley governments and organizations
have offered to assist through staff resources. Staff recommends
funding of $2,500 in public private partnership fUnds and $2,500
in-kind Parks and Recreation assistance. Ms. Sherry Crumley,
~rchery Roanoke Valley President, was present and thanked the
Board of Supervisors for consideration of the funding request.
Supervisor Nickens moved to approve funding of $2,500
from public-private partnership funds. The motion carried by the
following recorded vote:
AYES:
NAYS:
ABSENT:
Supervisors Johnson, Kohinke, Nickens, Minnix
None
Supervisor Eddy
IN RE:
REQUEST FOR PUBLIC HEARING AND FIRST READING OF
REZONING ORDINANCES - CONSENT AGENDA
Supervisor Kohinke moved to approve the first readings
and set the seconds readings and public hearings for December 12,
1995. The motion carried by the following recorded vote:
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AYES:
NAYS:
ABSENT:
IN RE:
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November 217 1995
783
Johnson, KOhinke, Nickens, Minnix
None
Supervisor Eddy
~ An ordinance authorizinq a Special Use Permit to
construct a commercial doq kennel, located at
10420 Ivy Ridqe Road, Windsor Hills Maqisterial
District, upon the petition of Richard Mark Jones.
h An ordinance authorizinq a Special Use Permit to
operate a private horse stable, located à,t 4100
Barley Drive, Catawba Maqisterial District, upon
the petition of Jeffrey D. Shupe.
h
An ordinance authorizinq a Special Use Permit to
allow expansion of Northside Middle School,
located at 6810 Northside Hiqh School Road,
Catawba Maqisterial District, upon the petition of
the Roanoke County School Board.
h
An ordinance to rezone 32.7 acres from R-1 to AG-1
to permit commercial aqricul tural uses, located
east of Carson Road and west of the NS Railroad,
Hollins Maqisterial District, upon the petition of
Industrial Development Authority (Ray Cox).
~ An ordinance to rezone 11.47 acres from R-3 to C-2
to allow commercial uses, located on the west side
of Oqden Road at the terminus of Leslie Lane,
north of NS Railroad tracks, Cave Sprinq
Maqisterial District, upon the µeti tion of
Industrial Development Authority (Anqie L~inq).
~ An ordinance to rezone 6.7 acres from R-3 to C-2
to allow commercial uses, located on the west side
of Oqden Road, north of the NS Railroad tracks,
Cave Sprinq Maqisterial District, upon the
peti tion of Industrial Development Authori ty
(Stranna Arthur) .
FIRST READING OF ORDINANCES
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Ordinance amendinq and reenactinq sections of
Chapter 11, Massaqe Parlors, of the Roanoke County
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November 21, 1995
Code to permit cross-qender massaqes by qualified
massaqe therapists and improve requlations of
massaqe technicians. (Joseph Obenshain, Sr.
Assistant County Attorney)
Mr. Obenshain advised that in 1976, the Board adopted
the current Massage Parlor ordinance to combat the abuse of
message techniques as a front for unlawful and immoral
acti vi ties. Since that time, individuals who have been trained
in the administration of massage for therapeutic purposes have
organized themselves and developed professional standards of
training. The proposed ordinance has been amended to exempt
trained massage therapists who have completed 500 hours of
training or those providing such massages under the direction and
control of licensed medical professionals. Mr. Obenshain
reported the proposed ordinance would be the same as the cities
of Roanoke and Salem.
Bill Niles spoke in favor but advised that previously
only 300 hours of training was required and asked that those
already certified with 300 hours be "Grandfathered" in the
ordinance. Catherine Prescott and Mary Persinger, registered
nurses and certified massage technicians, also spoke in support.
Supervisor Nickens asked for additional information
regarding the requirements for certification for massage
therapists by the second reading of the ordinance.
Supervisor Johnson moved to approve the first reading
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NOh;mb01 21, 1995
785
and set the second reading for December 12, 1995.
The motion
carried by the following recorded vote:
AYES: Supervisors Johnson, Kohinke, Nickens, Minnix
NAYS: None
ABSENT: Supervisor Eddy
~ Ordinance authorizinq the acquisition of necessary
easements for property to construct the North
Transmission Line. (Gary Robertson, utility
Director)
There was no discussion and no citizens to speak on
this ordinance.
Supervisor Johnson moved to approve the first reading
and set the second reading for December 12, 1995. The motion
carried by the following recorded vote:
AYES: Supervisors Johnson, Kohinke, Nickens, Minnix
NAYS: None
ABSENT: Supervisor Eddy
~ Ordinance authorizinq conveyance of easements to
Appalachian Power Company for underqround and
overhead electric service across property off
Suqar Loaf Mountain Road. (Paul Mahoney, County
Attorney)
Mr. Mahoney advised this ordinance would authorize
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November 21, 1995
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donation of easements to Appalachian Power Company for
underground and overhead facilities on County property off Sugar
Loaf Mountain Road. There was no discussion and no citizens to
speak.
Supervisor Minnix moved to approve the first reading
and set the second reading for December 12, 1995. The motion
carried by the following recorded vote:
AYES:
NAYS:
ABSENT:
Supervisors Johnson, Kohinke, Nickens, Minnix
None
Supervisor Eddy
h
Ordinance amendinq and reenactinq sections of
Chapter 10. Licenses, and repealinq section 21-2,
Article I, of Chapter 21 Taxation of the Roanoke
County Code in order to improve uniformity in
administration of the Business, Professional, and
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Occupational License Tax (BPOL) . (Vickie Huffman,
Assistant County Attorney and Wayne Compton,
Commissioner of the Revenue)
This ordinance would clarify and improve existing
provisions and bring the ordinance into compliance with the model
BPOL ordinance recommended by VML and VACo. Responding to
questions, Mr. Compton advised that there are ceilings
established for the tax depending on the profession. There were II
no citizens to speak on this ordinance.
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November 21, 1995
787
Supervisor Nickens moved to approve the first reading
and set the second reading for December 12, 1995.
The motion
carried by the following recorded vote:
AYES:
Supervisors Johnson, Kohinke, Nickens, Minnix
NAYS:
None
ABSENT:
Supervisor Eddy
IN RE: SECOND READING OF ORDINANCES
~ Ordinance authorizinq the acquisition of necessary
easements to construct the Fort Lewis Sewer
I Submain. (Gary Robertson, Director, utility)
0-112195-9
Mr. Robertson reported that the Fort Lewis Sewer
Sanitary Submain project is being constructed as part of the
repair and replacement program. In order to complete the project,
it is necessary to acquire certain easements.
There were no
citizens to speak on this ordinance.
Supervisor Kohinke moved to adopt the ordinance. The
motion carried by the following recorded vote:
AYES:
Supervisors Johnson, KOhinke, Nickens, Minnix
NAYS:
None
ABSENT:
Supervisor Eddy
I
ORDINANCE 112195-9 FOR AUTHORIZATION TO ACQUIRE
NECESSARY WATER AND SEWER LINE EASEMENTS AND PROPERTY
TO CONSTRUCT THE FORT LEWIS SEWER SUBMAIN
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November 21, 1995
WHEREAS, location plans for the Fort Lewis Sewer
Submain Project have been completed and the projects will require
acquisition of water and sewer line easements across certain
properties; and
WHEREAS,
said easements are to be acquired to
facilitate any future construction of the Fort Lewis Sewer
Submain Project; and
WHEREAS, section 18.04 of the Roanoke County Charter
directs that the acquisition of real estate be accomplished by
ordinance; the first reading of this ordinance was held on
October 24, 1995, and the second reading was held on November 21,
1995.
NOW, THEREFORE, be it ordained by the Board of
Supervisors of Roanoke County, Virginia, as follows:
1. That the acquisition and acceptance of the
necessary water and sewer line easements for the Fort Lewis Sewer
Submain Project is hereby authorized across the following
properties, referenced by tax map number, from the following
property owners, their successors or assigns:
TAX MAP NO.
PROPERTY OWNER
55.03-03-16
55.03-03-l8
55.03-03-19
55.03-03-20
55.03-03-21
Aaron J. Conner
Robert B. Crouse
Roanoke Equipment Co.
Donald R. Spangler
Norma Fisher & Shirley
Clements
Plantation & Kanter
Plantation & Kanter
55.09-01-20
55.09-01-20.01
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Novembßr 11, 199~
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2 .
That
the
consideration
for
each
easement
acquisition shall not exceed a value equal to 40% of the current
tax assessment for the .property to be acquired plus the cost of
actual damages, if any; and
3. That the consideration for each easement shall be
~aid from the Sewer Repair and Replacement Fund; and
4. That the County Administrator is hereby authorized
to execute such documents and ~ake such actions as may be
necessary to accomplish these acquisitions, all of which shall be
In form approved by the County Attorney.
I On motion of Supervisor Kohinke to adopt the ordinance,
In carried by the following recorded vote:
'\YES:
Supervisors Johnson, KOhinke, Nickens, Minnix
~AYS :
None
\BSENT:
Supervisor Eddy
APPOINTMENTS
~ Blue Ridqe Community Services
Chairman Minnix asked Ms. Allen, Clerk to the Board, to
:ontact Mr. J. William Pistner and Ms. Cheri Hartman and
letermine their willingness to serve another term.
~ Parks and Recreation Advisory Commission
I Supervisor Nickens nominated Robert Cookston to serve
h nexpired three-year term of Howard Bullen. This term will
xpire June 30, 1996.
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November 21, 1995
Supervisor Johnson withdrew his previous nomination in
favor of Supervisor Nickens's nomination.
3. Roanoke Valley Resource Authority
Supervisor Kohinke nominated William Rand to serve a
four-year term which will expire December 31, 1999.
IN RE:
CONSENT AGENDA
R-112195-10, R-112195-10.b, R-112195-10.c, R-112195-10.f
R-112195-10.q ,R-112195-10.h, R-112195~10.i
Supervisor Johnson moved to adopt the resolution. The
motion carried by the following recorded vote:
AYES:
Supervisors Johnson, Kohinke, Nickens, Minnix
NAYS:
None
ABSENT:
Supervisor Eddy
RESOLUTION 112195-10 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 November 21, 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 11, inclusive, as follows:
1. Approval of Minutes - September 26, 1995 (regular
meeting), October 10, 1995.
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NfiYf'mbff 21, 1995
791
2. Confirmation of committee appointments to the
Industrial Development Authority and the Organ
Donation and Tissue Trànsplantation Commission.
3. Resolution of Appreciation upon the retirement of
Robert J. Walawski.
4. Adoption of Resolution supporting the
establishment of the Regional Community criminal
Justice Board.
5.
Request for transfer of
Maintenance Funds to
Department to install a
locking system.
$5,000 from Courthouse
the General Services
new Courthouse secur i ty
6. Donation of a 7.5 foot drainage easement on
property of Flora May Clay Elkins on Bunker Hill
Drive to the Board of Supervisors.
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7.
Request for acceptance of Monet Drive and Chagall
Circle in the Gardens of Cotton Hill, Section 1,
into VDOT Secondary Road System.
8. Request for acceptance of Stonemill Drive and
Millwheel Drive, Woodbridge Section 8 and 14 into
the VDOT Secondary System.
9. Resolution authorizing an audit of Cox
Communications, Inc. on behalf of the Roanoke
Valley Regional Cable Television Committee and
providing funding.
10. Ratification of appointments to the Community
Policy and Management Team.
11. Request to execute an agreement for a stormwater
management facility at Valley Techpark.
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
II this resolution.
On motion of Supervisor Johnson to adopt the Consent
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November 21, 1995
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Resolution, and carried by the following recorded vote:
AYES:
Supervisors Johnson, Kohinke, Nickens, Minnix
NAYS:
None
ABSENT:
Supervisor Eddy
RESOLUTION 112195-10.b EXPRESSING THE APPRECIATION OF
THE BOARD OF SUPERVISORS OF ROANOKE COUNTY TO ROBERT J.
WALAWSKI FOR OVER NINETEEN YEARS OF SERVICES TO ROANOKE
COUNTY
WHEREAS, Robert J. Walawski was first employed on
April 30, 1973 as an Inspector in the Engineering & Inspections
Department; and also served as Chief Construction Inspector; and
WHEREAS, after his retirement on June 1, 1992, Mr.
Walawski volunteered his services to the Engineering &
Inspections Department for over a year and additionally, came I
back on a part-time basis whenever necessary; and
WHEREAS, Mr. Walawski obtained many certif ications
while working with the County, among them certified Erosion &
Sediment Control Inspections, virginia Department of
Transportation certifications in soils, compaction, nuclear
testing, and a certified Class IV Waterworks Operator; and
WHEREAS, Mr. Walawski, through his employment with
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 expresses its deepest appreciation
and the appreciation of the citizens of Roanoke County to ROBERT
J. WALAWSKI for over nineteen 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 Johnson to adopt the
resolution, and carried by the following recorded vote:
AYES:
NAYS:
ABSENT:
Supervisors Johnson, Kohinke, Nickens, Minnix
None
Supervisor Eddy
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793
RESOLUTION 112195-10.c ESTABLISHING BY JOINT ACTION OF
THE BOARDS OF SUPERVISORS OF THE COUNTIES OF ALLEGHANY,
BATH, BOTETOURT, CRAIG, ROANOKE AND ROCKBRIDGE, AND THE
COUNCILS OF THE CITIES OF BUENA VISTA, CLIFTON FORGE,
COVINGTON, LEXINGTON, ROANOKE, AND SALEM, THE COURT-
COMMUNITY CORRECTIONS REGIONAL COMMUNITY CRIMINAL
JUSTICE BOARD.
WHEREAS, the Virginia General Assembly has adopted
legislation titled the Comprehensive Community-Corrections Act
for Local-Responsible Offenders (§53.1-180 et.seq of the Code of
Virginia) and the Pretrial Services Act (§19.2-152.2 et. seq. of
the Code of Virginia), both of which were effective July 1, 1995;
and,
WHEREAS, the Virginia General Assembly has previously
enacted the Virginia Alcohol Safety Action Program (§18.2-271.1
et. seq. of the Code of Virginia); and,
WHEREAS, the Comprehensive Community Corrections
for Local-Responsible Offenders, the Pretrial Services Act,
the Virginia Alcohol Safety Action Program require
appointment of representatives in establishing a Board
administer the programs; and,
Act
and
the
to
WHEREAS, the Code of Virginia requires the localities
to submit a Community-based Corrections Plan to the Department of
Corrections in order to receive reimbursement for eligible costs
of jail construction; and,
WHEREAS, the Comprehensive Community Corrections Act
for Local-Responsible Offenders and the Pretrial Services Act
both mandate that any locality required to submit a Community-
based Corrections Plan is further required to establish Community
Corrections Programs and Pretrial Services Programs; and,
WHEREAS, the Court-Community Corrections Program has
provided the criminal justice systems within these localities
with sentencing alternatives for certain non-violent felons and
misdemeanors since July of 1980; and,
WHEREAS, the establishment of a multi-jurisdictional
Court-Community Corrections Regional Community Criminal Justice
Board will result in a reduction in the program's administrative
costs, enhanced funding priori ties, the continuation of cost-
beneficial dispositional alternatives to the jUdicial system,
increased input of criminal justice professionals within program
strategies, without increasing the threat to public safety; and,
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November 21, 1995
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WHEREAS, the city of Salem has agreed to serve as the
administrative and fiscal agent for the aforementioned programs.
NOW THEREFORE, BE IT RESOLVED by the Board of
Supervisors of the County of Roanoke:
1. That the County of Roanoke will implement the
Comprehensive Community Corrections Act for Local-
Responsible Offenders and the Pretrial Services
Act as provided herein;
2. That the existing Court-Community Corrections
Program be responsible for the continuation of
services to the judicial system, including the
implementation of the Comprehensive Community
Corrections Act for Local-Responsible Offenders
and the Pretrial services Act, and the continued
administration of the Virginia Alcohol Safety
Action Program;
3 .
That it hereby establishes the Court-Community
Corrections Regional Community criminal Justice
Board (the Board) hereby appointed pursuant to
53.1-183 of the Code of Virginia;
I
4. That the representatives of the Regional Board
will be agreed to and appointed jointly by each
participating locality as follows:
a. one representative designated by the Judges
of the Twenty-third and Twenty-fifth Judicial
circuits;
b. one representative designated by the judges
of the Twenty-third and Twenty-fifth Judicial
General District Courts;
c. one representative designated by the judges
of the Twenty-third and Twenty-fifth Judicial
Juvenile and Domestic Relations Courts;
d.
one Commonwealth's
mutual agreement
Attorneys serving
Regional Board;
Attorney designated by
of the Commonwealth's
the jurisdiction of the
e.
one Chief Magistrate designated by mutual
agreement of those serving wi thin the
jurisdiction of the Regional Board;
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November 21, 1995
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f. one Chief of Police designated by mutual
agreement of those serving within the
jurisdiction of the Regional Board;
the Sheriff of the County of Alleghany;
the Sheriff of the County of Botetourt;
the Sheriff of the County of Roanoke;
the Sheriff of the City of Roanoke;
the Jail Superintendent of the Rockbridge
Regional Jail;
the Public Defender of the City of Roanoke;
one defense attorney practicing criminal law
and recommended by the Roanoke City Bar
Association;
one member of local education from the
Twenty-third Judicial Circuit and District;
one member of local education from the
Twenty-fifth Judicial Circuit and District;
one member of a Community Services Board
serving the Twenty-third Judicial Circuit and
District;
q. one member selected by agreement of the
Community Services Boards serving the Twenty-
fifth Judicial. Circuit and District;
r.
one member representing the
Social Services serving the
Judicial circuit and District;
Department of
Twenty-third
s. one General District Court Clerk designated
by mutual agreement of the clerks serving the
Twenty-third and Twenty-fifth Judicial
Districts; and,
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That
Board
one representative designated by the fiscal
agent of the Regional Board.
the Court-Community
shall have those
Corrections Regional
powers and duties
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November 21, 1995
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prescribed
Corrections
the Pretr ia 1
VASAP.
by the Comprehensive community
Act for Local-Responsible Offenders,
Services Act, and the Commission on
On motion of Supervisor Johnson to adopt the
resolution, and carried by the following recorded vote:
T:
AYES:
NAYS:
ABSENT:
Supervisors Johnson, Kohinke, Nickens, Minnix
None
Supervisor Eddy
RESOLUTION 112195-10. f REQUESTING ACCEPTANCE OF MONET
DRIVE AND CHAGALL CIRCLE IN THE GARDENS OF COTTON HILL,
SECTION 1, INTO THE VIRGINIA DEPARTMENT OF
TRANSPORTATION (VDOT) SECONDARY SYSTEM
WHEREAS, the streets described on the attached
Additions Form SR-5(a), fully incorporated herein by reference, I
are shown on plats recorded in the Clerk's Office of the Circuit
Court of Roanoke County, and
WHEREAS, the Resident Engineer for the Virginia
Department of Transportation has advised this Board the streets
meet the requirements established by the Subdivision Street
Requirements of the Virginia Department of Transportation, and
NOW, THEREFORE, BE IT RESOLVED, this Board requests the
Virginia Department of Transportation to add the streets
described on the attached Additions Form SR-5(A) to the secondary
system of state highways, pursuant to §33.1-229, Code of
Virginia, and the Department's Subdivision Street Requirements,
and
BE IT FURTHER RESOLVED, this Board guarantees a clear
and unrestricted right-of-way, as described, and any necessary
easements for cuts, fills and drainage, and
BE IT FURTHER RESOLVED, that a certified copy of this
resolution be forwarded to the Resident Engineer for the Virginia
Department of Transportation.
Recorded Vote
Moved By:
Seconded By:
Yeas:
Nays:
Absent:
Supervisor Johnson
None Required
Supervisors Johnson, Kohinke, Nickens, Minnix
None
Supervisor Eddy
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November 21, 1995
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RESOLUTION 112195-10.q REQUESTING ACCEPTANCE OF
STONEMILL DRIVE AND MILLWHEEL DRIVE, "WOODBRIDGE,"
SECTION 8 AND 14, INTO THE VIRGINIA DEPARTMENT OF
TRANSPORTATION (VDOT) SECONDARY SYSTEM.
WHEREAS, the streets described on the attached
Additions Form SR-5(a), fully incorporated herein by reference,
are shown on plats recorded in the Clerk's Office of the Circuit
Court of Roanoke County, and
WHEREAS, the Resident' Engineer for the Virginia
Department of Transportation has advised this Board the streets
meet the requirements established by the Subdivision street
Requirements of the Virginia Department of Transportation, and
NOW, THEREFORE, BE IT RESOLVED, this Board requests the
Virginia Department of Transportation to add the streets
described on the attached Additions Form SR-5(A) to the secondary
system of state highways, pursuant to §33.1-229, Code of
Virginia, and the Department's Subdivision street Requirements,
and
BE IT FURTHER RESOLVED, this Board guarantees a clear
and unrestricted right-of-way, as described, and any necessary
easements for cuts, fills and drainage, and
BE IT FURTHER RESOLVED, that a certified copy of this
resolution be forwarded to the Resident Engineer for the Virginia
Department of Transportation.
Recorded Vote
Moved By:
Seconded By:
Yeas:
Nays:
Absent:
Supervisor Johnson
None Required
Supervisors Johnson, Kohinke, Nickens, Minnix
None
Supervisor Eddy
RESOLUTION 112195-10. h AUTHORIZING AN AUDIT
OF COX COMMUNICATIONS, INC. ON BEHALF OF THE
ROANOKE VALLEY REGIONAL CABLE TELEVISION
COMMITTEE AND PROVIDING FUNDING
WHEREAS, the County of Roanoke, Virginia ("County") is
the Grantor of a Cable TV Franchise Agreement ("Agreement")
entered into on May 1, 1991, by and between the County and Cox
Cable Roanoke, Inc. [now Cox Communications, Inc.] ("Grantee"); and
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November 21, 1995
~
Television
provisions
coordinate
WHEREAS, the Agreement empowers
Committee to monitor Cox Cable's
of the cable television Ordinance
review of Grantee's records; and
the Regional Cable
compliance with the
and Agreement and to
WHEREAS, no audit of Cox Cable's franchise fee payments
has been performed since the franchise was entered into on May 1,
1991; and
WHEREAS, the Minneapolis law firm of Moss and Barnett,
special counsel for the Regional Cable Television Committee, has
submitted a proposal for a "desk audit" of all three
jurisdictions' payments, total cost estimated to be between
$3,125.00 and $5,000.00. Assuming a desk audit of $5,000.00, and
based upon the County's share of Cox Cable's customers of 34%,
the County's share of the desk audit would be $1,700.00.
NOW, THEREFORE, BE IT RESOLVED by the Board of
Supervisors of the County of Roanoke that an audit of Cox Cable
Roanoke, Inc., franchise fee payments for a three-year period,
commencing on July 1, 1992, at a total cost to the County of I
Roanoke not to exceed the sum of $1,700.00, be conducted by Moss
and Barnett to confirm that these payments have been in
accordance with the Franchise Ordinance and Agreement.
This resolution is passed and adopted by the County of
Roanoke, Virginia, this 21st day of November 1995.
On mo:tion of Supervisor Johnson to adopt the
resolution, and carried by the following recorded vote:
AYES:
NAYS:
ABSENT:
Supervisors Johnson, Kohinke, Nickens, Minnix
None
Supervisor Eddy
RESOLUTION 112195-10.j
STORMWATER MANAGEMENT
INDUSTRIAL DEVELOPMENT
VALLEY TECHPARK
AUTHORIZING THE EXECUTION OF A
FACILITY AGREEMENT WITH THE
AUTHORITY OF ROANOKE COUNTY FOR
WHEREAS, economic and industrial development serves a
public purpose and constitutes a proper function of government;
and
WHEREAS, managing storm water runoff is necessary to I
protect the public health, safety and welfare of this community;
and
WHEREAS, the Board of Supervisors of Roanoke County and
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November 21, 1995
799
the Industrial Development Authority of Roanoke County desire to
enter into an Þ.greement to provide for the construction and
future maintenance of the storm water management facility at
Valley TechPark.
BE IT RESOLVED, By the Board of Supervisors of Roanoke
County, Virginia:
1. That the County Administrator is authorized to
execute on behalf of the Boar of Supervisors of Roanoke County an
Agreement with the Industrial Development Authority of Roanoke
County (the "Authority") for the construction and future
maintenance of the storm water management facility at Valley
TechPark, all upon form approved by the County Attorney.
2. That the County Administrator is hereby directed to
include in the budgets for the Authority for FY 1996-97 and all
future years sufficient sums for the maintenance of said
facilities.
On motion of Supervisor Johnson to adopt
resolution, and carried by the following recorded vote:
the
AYES:
NAYS:
ABSENT:
Supervisors Johnson, Kohinke, Nickens, Minnix
None
Supervisor Eddy
IN RE:
REPORTS AND INQUIRIES OF BOARD MEMBERS
Supervisor Nickens:
( 1)
He received a copy of Mr.
Mahoney's memorandum to Commissioner of the Revenue Wayne Compton
regarding state enforcement of Bingo and Raffle Permits and
requested a brief work session on the impact.
He suggested that
this issue be considered for the County's legislative program.
(2) He advised that he agreed with Supervisor Eddy's memorandum
to delete some localities in the next salary survey locations and
suggested a brief work session on the issue.
( 3 )
He asked that
potential litigation be added to the Executive Session.
Supervisor Johnson:
( 1)
He announced that he was
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November 21, 1995
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impressed with the students involved with Student Government Day
activities. (2) He announced that the stop lights were now
working at Hollins College and Hanover Direct. (3) He thanked
Governor Allen for providing employees with the extra holidays
and supported the additions.
Supervisor Kohinke: (1) He announced that the Audit
Committee had received the published CAFR which was produced
internally and that the County has received a "Clean Report".
(2) He congratulated Spike Harrison on being elected to the
Board of Supervisors from the Catawba District.
IN RE:
REPORTS
I
Supervisor Minnix moved to receive and file the
following reports after discussion of Item 7 and oral report on
item 9. The motion carried by a unanimous voice vote with
Supervisor Eddy absent.
~ General Fund Unappropriated Balance
~ Capital Fund Una~propriated Balance
~ Board Contingency Fund
h Accounts Paid - October 1995
.h Statement of Expenditures and Revenues as of
10/31/95.
~ Proclamations siqned by the Chairman
~ Report of operations for year ended June 30, 1995
Supervisor Nickens asked for a copy of the policy where
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November 21, 1995
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surplus funds in the School Budget are appropriated to the School
Capital Fund.
h Bond Proiects status Report
~ Report from Treasurer on Judicial Sale
Treasurer Alfred C. Anderson presented the report.
10. Financial Statement and Supplementary Schedule
(Audit) of the Industrial Development Authority of
Roanoke County for Fiscal Year 1994-95.
11. Report on the Virqinia Retirement System (VRS)
Rate Increase for 1996-98 Biennium.
IN RE:
RECESS
Chairman Minnix declared a five-minute recess at 5:10
p.m.
IN RE:
WORK SESSION
The Board reconvened for work session at 5:35 p.m.
h Review of Water and Sewer Rate Structure (Diane
Hyatt, Finance Director)
Ms. Hyatt advised that consultants Draper Aden have
reviewed alternative ways to structure the County water and sewer
rates to address complaints from citizens. They limited the
selection to six alternatives none of which met all of the County
goals which were: (1) address complaints from low consumption
customers; and (2) address the complaints related to customers
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November 21, 1995
increase in base rates due to changes in consumption and still
maintain required revenues.
The consultants presented the six alternatives but
recommended no change to the current rate structure. The did
recommend that in the future, the County consider a meter based
system that would eliminate base rate jumps and lower base rates
to residential customers.
Ms. Hyatt also briefed the Board on the Joint Meter
Reading Program with Appalachian Power Company. She advised that
there will be a report on the Consent Agenda for December 12,
1995 requesting authorization for the joint program.
~ Self-Insurance Proqram (Diane Hyatt, Finance
Director)
Ms. Hyatt reported that in 1988, the County formed the
Risk Management Department to realize insurance savings through
bidding of policies and minimiz ing claims. The savings were
accumulated in insurance reserves that allowed the County to
increase deductibles. On July 1, 1994, the County became self
insured for. General Liability and Automobiles. The insurance
trustees have reviewed an independent actuarial study and are
satisf ied ìvi th the level of reserves for General Liability and
Automobile coverage. The trustees recommended increasing the
level of County Workers' Compensation reserve to $1.5 million and
increasing the schools' level to $600,000 because of recent
rulings related to heart/ lung cases. Hs. Hyatt advised that
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November 21, 1995
800
because of the
Department budget
$300,000.
savings,
in the
funding for the Risk Management
next fiscal year can be. reduced by'
It was the consensus of the Board to reduce the budget
for Risk Management by $300,000 in the 1996/97 budget.
IN RE: EXECUTIVE SESSION
At 6:45 p.m. I Supervisor Johnson moved to go into
Executi ve Session pursuant to pursuant to the Code of Virginia
section 2.1-344 A (3) discussion or consideration of the
condition, acquisition, or use of real property for public
purposes; and (7) Potential Litigation. The motion carried by
the following recorded vote:
AYES:
NAYS:
ABSENT:
Supervisors Johnson, Kohinke, Nickens, Minnix
None
Supervisor Eddy
IN RE:
CERTIFICATION OF EXECUTIVE SESSION
R-112195-11
At 7: 03 p. m., Supervisor Johnson moved to return to
Open Session and adopt the Certification Resolution. The motion
carried by the following recorded vote:
AYES: Supervisors Johnson, Kohinke, Nickens, Minnix
NAYS: None
ABSENT: Supervisor Eddy
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November 21, 1995
RESOLUTION 112195-11 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
identif ied in the motion convening the executive meeting were
heard, discussed or considered by the Board of Supervisors of
Roanoke County, Virginia.
On motion of Supervisor Johnson to
adopt the certification Resolution, and carried by the following
recorded vote:
AYES:
Supervisors Johnson, Kohinke, Nickens, Minnix
NAYS:
None
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November 21, 1995
805
ABSENT:
Supervisor Eddy
IN RE:
PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND AWARDS
~ Resolution of Appreciation upon the retirement of
Euqene S. Grubb, Parks & Recreation Department.
R-112195-12
Chairman Minnix presented the resolution to Mr. Grubb.
Supervisor Kohinke moved to adopt the resolution. The
motion carried by the following recorded vote:
AYES: Supervisors Johnson, Kohinke, Nickens, Minnix
I NAYS: None
ABSENT: Supervisor Eddy
RESOLUTION 112195-12 EXPRESSING THE APPRECIATION OF THE
BOARD OF SUPERVISORS OF ROANOKE COUNTY TO EUGENE S.
GRUBB FOR OVER THIRTY-THREE YEARS OF SERVICES TO
ROANOKE COUNTY
WHEREAS,
Eugene S. Grubb was first employed on August
22, 1962 as Maintenance Foreman I in the Building Maintenance
Division of the General Services Department; and
WHEREAS,
Mr.
Grubb has also served as Parks
Maintenance Foreman in the Grounds Maintenance Division of the
Parks and Recreation Department; and
WHEREAS, Mr. Grubb has exemplified the true spirit of
I
dedication to the Parks and Recreation mission and set a standard
for others to follow; and
WHEREAS,
Mr. Grubb, through his employment with
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November 21, 1995
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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 EUGENE S. GRUBB for over thirty-three 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: Supervisors Johnson, Kohinke, Nickens, Minnix
NAYS: None
ABSENT: Supervisor Eddy
I
~ Resolution of Appreciation upon the retirement of
Herman D. Fielder, Sheriff's Office.
R-112195-13
Chairman Minnix presented the resolution to Mr.
Fielder.
Supervisor Kohinke moved to adopt the resolution. The
motion carried by the following recorded vote:
AYES: Supervisors Johnson, Kohinke, Nickens, Minnix I
NAYS: None
ABSENT: Supervisor Eddy
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November 21, 1995
SQ7
RESOLUTION 112195-13 EXPRESSING THE APPRECIATION OF THE
BOARD OF SUPERVISORS OF ROANOKE COUNTY TO HERMAN D.
FIELDER FOR FIFTEEN YEARS OF SERVICES TO ROANOKE COUNTY
WHEREAS, Herman D. Fielder was first employed on July
1, 1980, as a Corrections Office in the Sheriff's Office; and
WHEREAS,
Mr. Fielàer has also served as Deputy
Sheriff-Corrections Officer; and Jail Maintenance Deputy; and
WHEREAS,
Mr. Fielder was awakened many times in the
middle of the night to make repairs and keep the jail facility in
operation without complaining or expectation of gratuities for
his services; and
WHEREAS,
Mr. Fielder, through his employment with
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 cit·izens of Roanoke
County to HERMAN D. FIELDER for fifteen 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:
Supervisors Johnson, Kohinke, Nickens, Minnix
NAYS:
None
ABSENT:
Supervisor Eddy
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November 21, 1995
IN RE:
PUBLIC HEARINGS
~ Public Hearinq and approval of a storm water
manaqement proqram for sinqle-familY residential
sUbdivisions under the provisions of the Public
Works Improvement Ordinance 112288-7. (Paul M.
Mahoney, County Attorney)
A-112195-14
Mr. Mahoney reported that during the past year, the
Board has held work sessions to discuss complaints from citizens
regarding inadequate maintenance of storm water control
facilities by homeowners' associations and other storm water
related problems. On September 26, the Board decided to
implement a program which utilizes the 1988 Public Works
Improvement ordinance whereby the County would maintain storm
water management facilities in residential subdivisions upon
agreement of all the affected property owners or after a petition
by 75% of the affected property owners or the vote of two-thirds
of the members of the Board of Supervisors. Financing would be
through a special assessment on real estatè taxes. Staff
recommended that projects be undertaken only at the beginning of
each fiscal year and that a "cut-off" of February 1 of each year
for the receipt of petitions be established. Mr. Mahoney
recommended that the Board adopt a resolution that will (a)
authorize the creation of a storm \-later management program for
single-family residential subdivisions based on the Public Works
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November 21, 1995
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Improvement Ordinance 112288-7; (b) approve the design
construction and maintenance standards for acceptance of storm
water management facilities in single-family residential
sUbdivisions; and (c) appropriate the sum of $40,000 from the
Board Contingency Fund for the purpose of hiring personnel and
acquiring equipment in preparation for the implementation of this
program beginning July 1, 1996.
In response to questions from the Board members, Mr.
Mahoney advised that the fee would be assessed annually to set
up a reserve for the future; and that the design standards were
geared toward the County taking responsibility for all storm
water facilities.
Mr. Rick Whitney with Regional Homebuilders Association
spoke and advised that he was not sure what the new proposal
would accomplish. He felt that the problem needs to be addressed
by all of Roanoke County, not just certain residential
subdivisions.
Supervisor Nickens moved to approve only items (a) and
(b) in the staff recommendation, and that staff bring back a
method of funding without using general funds on December 12,
1995. The motion carried by the following recorded vote:
AYES: Supervisors Johnson, Kohinke, Nickens, Minnix
NAYS: None
ABSENT: Supervisor Eddy
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November 21, 1995
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IN RE:
PUBLIC HEARING AND FIRST READING OF ORDINANCES
~ Ordinance amendinq portions of section 17-3
"Desiqn requirements qenerally", Article I,
Appendix B SUbdivision of the Roanoke County Code
'-,
and authorizing the amendment by resolution of the
Desiqn and Constructions standards for PUblic
Street and Off-Street Parkinq. (Arnold Covey,
Director of Enqineerinq and Inspections).
Mr. Covey reported that staff has been working with
VDOT and the Roanoke Regional Homebuilders on proposed amendments
to the County's street and off -street parking standards. The
changes requires repealing the 50 foot right-of-way requirements
and staff would also like to amend other items under section 17-3
which are presently regulated by other County and State
regulations. The proposed changes include: (1) repealing the 50
foot right-of-way requirement; (2) removing street design set
backs and lot requirements that are presently regulated by other
County and state regulations; and (3) amending the family
exemption requirements to comply wi th the minimum state
regulations. Mr. Covey requested that the Board adopt the
ordinance after second reading on December 12 and also adopt the
resolution approving the "Design and Construction Standards for
Public street and Off-Street Parking" after second reading on
December 12. There was no discussion and no citizens to speak.
Supervisor Johnson moved to approve the first reading
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November 21, 1995
811
and set the second reading for December 12, 1995. The motion'
carried by the following recorded vote:
AYES: Supervisors Johnson, Kohinke, Nickens, Minnix
NAYS:
ABSENT:
None
Supervisor Eddy
IN RE:
PUBLIC HEARING AND SECOND READING OF ORDINANCES
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Ordinance to rezone 1.109 acres from R-1 to C-1 to
construct an office/meetlnq hall, located at the
west side of Shadwell Drive, Hollins Maqisterial
District, upon the petition of IUE Local 162, Inc.
(Terry Harrinqton, Planninq and Zoninq Director)
0-112195-15
Mr. Harrington advised that at the Planning Commission
hearing, staff responded to questions as follows: (1) there will
be plantings in the buffer yard along the borders but no
obstructions within the floodway adjacent to Summer View Drive;
(2) while 43 parking spaces are shovln on the concept plan, no
more than 35 to 40 members are expected to visit at anyone time;
and (3) while the Utility Department has stated that fire flow is
not adequate for all commercial uses at the site, the
availability of County services is sufficient for what is being
proposed. Mr. Harrington advised that the petitioner offered
three proffered conditions.
Supervisor Johnson moved to adopt the ordinance. The
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November 21, 1995
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motion carried by the following recorded vote:
AYES: Supervisors Johnson, KOhinke, Nickens, Minnix
NAYS: None
ABSENT: Supervisor Eddy
ORDINANCE 112195-15 TO CHANGE THE ZONING CLASSIFICATION
OF A 1.109-ACRE TRACT OF REAL ESTATE LOCATED ON THE
WEST SIDE OF SHADWELL DRIVE (TAX MAP NO. 28.05-2-12.1)
HOLLINS MAGISTERIAL DISTRICT FROM THE ZONING
CLASSIFICATION OF R-1 TO THE ZONING CLASSIFICATION OF
C-l~UPON THE APPLICATION OF IUE LOCAL 162, INC.
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WHEREAS, the first reading of this ordinance was held
on October 24, 1995, and the second reading and public hearing
were held November 21, 1995; and,
WHEREAS, the Roanoke County Planning Commission held a
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public hearing on this matter on November 6, 1995; and,
WHEREAS,
legal notice and advertisement has been
provided as required by law.
BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That the zoning classification of a certain tract
of real estate containing 1.109 acres, as described herein, and
located on the west side of Shadwell Drive (Tax Map Number 28.05-
2-12.1) in the Hollins Magisterial District, is hereby changed
from the zoning classification of R-1, Low Density Residential
District, to the zoning classification of C-1,~Office District. I
Co f'tC1. ¡..{.,. () Y) Q.¡j
2. That the owners of the proper~y, bevin and Audrey
Muller, have voluntarily proffered in writing the following
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Novpwber 21, 1995
813
conditions which conditions the Board of Supervisors of Roanoke
County, Virginia, hereby accepts.
a) The property will be developed in substantial
conformity with the concept plan prepared by Lumsden Associates,
Engineers, Surveyors & Planners, under date of August 31, 1995,
which concept plan is submitted herewith.
b) That the building itself will substantially conform
to the floor plan prepared by Mod-U-Kraf Homes Inc., under date
of September 6, 1995, as presented to the Planning Commission,
which plan is submitted herewith.
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c) That the exterior will be finished to grade.
3. That this action is taken upon the application of
IUE Local 162, Inc.
4. That said real estate is more fully described as
follows:
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BEGINNING at a point on the westerly side of
Shadwell Drive at the southeasterly corner of the
0.335 acre parcel of F & W Developers; thence,
leaving Shadwell Drive S. 04 deg. 31' w. 156.83
feet to a point in the middle of Summerview Drive;
thence, with the same and with the curved line to
the right having a chord bearing and distance of
N. 9 deg. 06' 32" W. 154.08 feet and an arc
distance of 154.74 feet to a point; thence N. 70
deg. 80' 58" E. 128.74 feet to a point; thence N.
15 deg. 13' 04" E. 355.05 feet to a point; thence
N. 63 deg. 45' .18" E. 50.79 feet to a point on
Shadwe 11 Dr i ve ; thence with the same S. 09 deg.
05' 36" W. 490.06 feet to the point and place of
BEGINNING and containing 1.109 acres.
5.
That this ordinance shall be in full force and
effect thirty (30) days after its final passage. All ordinances
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November 21, 1995
or parts of ordinances in conflict with the provisions of this
ordinance be, and the same hereby are, repealed. The Zoning
Administrator is directed to amend the zoning district map to
reflect the change in zoning classification authorized by this
ordinance.
On motion of Supervisor Johnson to adopt the
ordinance, and carried by the following recorded vote:
AYES: Supervisors Johnson, Kohinke, Nickens, Minnix
NAYS: None
ABSENT: Supervisor Eddy
Ordinance to rezone 1.146 acres from R-1 and C-1
to R-1 and C-2 to operate a personal services
facility, located at 3142 Brambleton Avenue, Cave
Sprinq Magisterial District, upon the petition of
Marta Sayers. (Terry Harrinqton, Planning and
Zoning Director) (THE PETITIONER HAS REQUESTED A
POSTPONEMENT TO DECEMBER 12, 1995.)
Chairman Minnix announced that the petitioner has
requested a postponement until the December 12, 1995 meeting.
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IN RE: POSTPONEMENT OF PUBLIC HEARINGS
Chairman Minnix announced that the following public
hearings have been continued at the request of the Planning
commission until the December 12, 1995 Board meeting.
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November 21, 1995
8.15
Ordinance authorizinq a Special Use Permit to construct
a 140 foot communications tower and accessory buildinq,
located on Poor Mountain, Catawba Maqisterial District,
upon the petition of Valley Communications.
Ordinance to rezone 28 acres from AR to R-1 to
construct sinqle family residences, located on Yellow
Mountain Road, Cave Sprinq Maqisterial District, upon
the petition of Saunders & Wells Investments.
IN RE:
ADJOURNMENT
At 8:10 p.m., Supervisor Johnson moved to adjourn to
November 28 ,
1995,
at 3:00 p.m.
at the Roanoke County
Administration Building for the purpose of a joint meeting with
the School Board.
The motion carried by the following recorded
vote.
AYES:
Supervisors Johnson, Kohinke, Nickens, Minnix
ABSENT:
None
ABSENT:
Supervisor Eddy
Submitted by,
Approved
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H. Odell
Chairman
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Mary H. Allen, CMC
Clerk to the Board
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Minnix
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November 21, 1995
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This paqe left intentionallY blank
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