HomeMy WebLinkAbout12/13/1994 - Regular
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December 13, 1994
9æ
Roanoke County Board of Supervisors
Roanoke County Administration Center
5204 Bernard Drive
Roanoke, Virginia 24018
December 13, 1994
The Board of Supervisors of Roanoke County, Virginia, met
this day at the Roanoke County Administration Center, this being the
second Tuesday, and the only regularly scheduled meeting of the month
of December, 1994.
IN RE:
CALL TO ORDER
Chairman Eddy called the meeting to order at 3:05 p.m, and
announced that the meeting was being taped by Roanoke Valley Cable
Television as a test run for regular televising of the meetings in
1995. The roll call was taken.
MEMBERS PRESENT:
Chairman Lee . B. Eddy, Vice Chairman Edward G.
Kohinke, Sr., Supervisors Bob L. Johnson, H. Odell
"Fuzzy" Minnix
MEMBERS ABSENT:
Supervisor Harry C. Nickens
STAFF PRESENT:
Elmer C. Hodge, County Administrator; Paul M.
Mahoney, County Attorney; Mary H. Allen, Clerk;
John M. Chambliss, Assistant County Administrator;
Don C. Myers, Assistant County Administrator;
Anne Marie Green, Director, Community Relations
IN RE:
OPENING CEREMONIES
The invocation was given by the Reverend Becky Proctor,
Music and Family Ministries, Rosalind Hills Baptist Church. The
Pledge of Allegiance was recited by all present.
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IN RE:
REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF
AGENDA ITEMS
Mr. Mahoney added approval of a resolution opposing
elimination of the Local Business License Tax.
IN RE:
PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND AWARDS
h Resolution of Conqratulations to the North Cross
VolleYball Team for Winninq the State IndeDendent
Schools ChamDionshiD.
R-121394-1
Chairman Eddy presented the resolution to Donna
Satterwhite, Coach, and presented certificates and County pins to
members of the Volleyball Team who were present.
Supervisor Minnix moved to adopt the resolution. The
motion carried by the following recorded vote:
AYES: Supervisors Johnson, Kohinke, Minnix, Eddy
NAYS: None
ABSENT: Supervisors Nickens
RESOLUTION 121394-1 OF CONGRATULATIONS
TO THE NORTH CROSS VOLLEYBALL TEAK
FOR WINNING THE STATE INDEPENDENT SCHOOLS CHAMPIONSHIP
WHEREAS, team sports are an important part of the
educational programs in elementary and secondary schools, helping
to produce well-rounded students and teaching skills useful
throughout a lifetime; and
WHEREAS, the Volleyball Team of North Cross School,
-which is located in Roanoke County, recently won the Virginia
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Independent Schools Volleyball Tournament, defeating Grace
Christian School, Lynchburg Christian School and Bishop Denis
O'Connell High School for the title; and
WHEREAS, the team demonstrated its athletic ability
throughout the 1994 season, completing it with an outstanding
record of 24 wins and only 2 losses.
NOW, THEREFORE, BE IT RESOLVED, that the Board of
Supervisors of Roanoke County, Virginia, hereby extends its
sincere congratulations to the North Cross Volleyball team, its
managers and coach, for an outstanding 1994 season and for
winning the Virginia Independent Schools tournament.
On motion of Supervisor Minnix to adopt the resolution,
and carried by the following recorded vote:
AYES: Supervisors Johnson, Kohinke, Minnix, Eddy
NAYS: None
ABSENT: SQpervisor Nickens
IN RE: BRIEFINGS
h ReDort on EXDlore Park's First PUblic Season and
Future Dlans. (Dr. M. RUDert Cutler, Executive
Director)
Dr. Cutler briefed the Board on the Explore Park's
first public season, and gave a slide show presentation. He
announced that the attendance exceeded the projections from July
2, 1994, to October 31, 1994 with 20,500 visiting the park, and
ticket sales totalling approximately $50,000. He expressed
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December 13. 1994 .
appreciation to the County for the assistance of employees Joyce
Waugh and John Willey.
IN RE: NEW BUSINESS
h Resolution AdoDtinq a Leqislative Proqram for the
1995 Session of the Virqinia General Assemblv.
(Paul Mahoney, County Attorney) (CONTINUED FROM
NOVEMBER 22, 1994)
R-121394-2
Mr. Mahoney advised that he had revised the resolution
to reflect the items in a priority order after discussion at the
November 22 meeting. The resolution also includes specific
impacts on Roanoke County for the 599 police department money and
funding for Constitutional Offices' fringe benefits.
There was discussion on whether to include other
requests including the Regional Homebuilders requests, opposition
to the elimination of the business and professional license tax
and support for. Montgomery County's position regarding solid
waste authori ties. There was consensus to add these to the
County's legislative requests and to include the Board's support
for Montgomery County in the transmittal letter to the
legislators.
Supervisor Minnix moved to adopt the resolution with
the following changes: (1) the addition of the Regional
Homebuilders requests; (2) opposition to elimination of business
license tax; and (3) transmittal letter to include support for
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December 13, 1994
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Montgomery County's position regarding solid waste authorities.
The motion carried by the following recorded vote:
AYES:
Supervisors Johnson, KOhinke, Minnix, Eddy
NAYS:
None
ABSENT:
Supervisor Nickens
RESOLUTION 121394-2 ADOPTING A LEGISLATIVE
PROGRAM FOR THE 1995 SESSION OF THE VIRGINIA
GENERAL ASSEMBLY, AND PETITIONING THE GENE~
ASSEMBLY TO FAVORABLY CONSIDER THE TOPICS AND
ISSUES ADDRESSED HEREIN
WHEREAS, on June 14, 1994, the Board of Supervisors of
Roanoke County, Virginia, identified major legislative issues of
state-wide concern to be considered by the 1995 session of the
I Virginia General Assembly; and
WHEREAS, the Board has recommended these issues to its
state-wide organization, the Virginia Association of Counties,
for consideration in the adoption of its legislative program; and
WHEREAS, the Board adopts this resolution as the
Legislative Program for Roanoke County for the 1995 session of
the Virginia General Assembly.
NOW, THEREFORE, Be It Resolved by the Board of
Supervisors of Roanoke County, Virginia, that the following
legislative initiatives are submitted to the 1995 session of the
Virginia General Assembly for its favorable consideration and
adoption.
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A.
Law Enforcement. The County urges the General
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December 13, 1994
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Assembly to restore funding for the H.B. 599 Program (state aid
to localities with police departments). During the 1994 session
of the Virginia General Assembly, the General Assembly restored
only $2.3 Million of $6.6 Million in HB 599 funding cut in the
second year of the biennium.
Failure to restore this funding
will result in a loss of $57,550 for Roanoke County.
B. Frinqe Benefits for Constitutional Officers. The
General Assembly failed to restore funding for
constitutional
officers' salary fringe benefits for FY 1996 (SB 560, which did
not pass, would have increased sheriffs' fees to offset the
fringe benefit costs). Restoring this funding is a top priority
for Roanoke County in the 1995 session of the General Assembly. I
Failure to restore this funding will result in a loss of $317.241
for Roanoke County.
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C. Education. Realizing that public education is the
foundation of American democracy and the cornerstone of our
future economic well being, the County urges the General Assembly
to enhance funding for public education, including increasing the
funds available to the Literary Fund for local school capital
construction or renovation projects.
Local school divisions
should be authorized to establish opening dates for school.
Disparity funding should be based not only upon the number of
students eligible for free or reduced fee lunches, but also upon
the locality's local tax effort in support of education.
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Disparity funding should be based upon the composite index (which
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measures a locality's relative fiscal ability to provide its
share of the cost of a local school system that meets the
standards of quality) and the locality's local effort in support
of that school system.
D. The County supports continued funding by the
General Assembly of the Transportation Museum located in Roanoke
City.
E. The County urges the General Assembly to continue
its financial support for the Virginia Recreational Facilities
Authority.
F. The County supports restoration of $2,898,000 to
the Governor's 1995-96 budget for Virginia Cooperative Extension
and the Virginia Agricultural Experiment station.
G. Equal Taxation and Borrowinq Powers. The County
urges the General Assembly to adopt legislation equalizing the
taxing and borrowing powers of counties with those powers granted
to municipalities.
H. Unfunded Mandates. The County supports the
reduction of unfunded regulatory and statutory mandates and
opposes any state mandates on local governments without
sufficient funding to cover the costs of those mandates.
I. Property Riqhts. The County petitions the General
Assembly to oppose legislation that would make environmental
protection and reasonable zoning actions by local governments in
the Commonwealth more difficult than current law allows. The
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December 13, 1994
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public interest is best served when enlightened local governments
have the ability to guide development and preserve natural
attractions for the benefit of the citizens and their posterity.
J. The County supports several of the legislative
recommendations of the Roanoke Regional Homebuilders, namely: a
relaxation of state law and state regulation permitting stump
dumps and debris landfills, and state funding incentives to
encourage and promote regionalization activities of local
governments.
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That the Clerk to the Board of Supervisors is directed
to send a certified copy of this resolution to the members of the I
General Assembly representing the Roanoke Valley, to the Clerk's
of the House of Delegates and the Senate of the General Assembly,
and to the Town Council of the Town of Vinton, City Councils of
the City of Salem and the ci tý of Roanoke, and the Boards of
Supervisors of the Counties of Bedford, Botetourt, Craig, Floyd,
Franklin, and Montgomery counties.
On motion of Supervisor Minnix to adopt the resolution,
and carried by the following recorded vote:
AYES: Supervisors Johnson, Kohinke, Minnix, Eddy
NAYS: None
ABSENT: Supervisor Nickens
~ Reauest for Ratification of a CooDerative Bxchan~e II
Aqreement between the city of ODole, Poland and
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the County of Roanoke.
(Elmer C. Hodqe, County
Administrator)
R-121394-3
Mr. Hodge advised that Community Relations Director
Anne Marie Green, and School Supervisor of Language Arts Lorraine
Lange
and
he
had
recently
visited
Opole,
Poland
as
representatives of the virginia Local Government Management
Association (VLGMA) Managers to Managers Program. They met with
a variety of government officials and visited many schools.
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During the visit, an agreement was signed by the Mayor of Opole
and the County Administrator concerning the future relationship
of the two localities which focuses on areas of cooperation, and
provides a framework for the continued relationship between the
two governments.
Mr. Hodge requested that the agreement be
ratified by the Board of Supervisors and advised that no funding
would be necessary because money will continue to come from the
USIA grant, VLGMA and private donations. Ms. Green and Ms. Lange
described their contributions to the program.
Supervisor Minnix moved to adopt the resolution
approving the agreement.
The motion carried by the following
recorded vote:
AYES:
Supervisors Johnson, KOhinke, Minnix, Eddy
NAYS:
None
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ABSENT:
Supervisor Nickens
RESOLUTION 121394-3 RATIFYING AGREEMENT BETWEEN CITY OF
OPOLE, POLAND, AND COUNTY OF ROANOKE, VIRGINIA
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December 13, 1994
WHEREAS, Roanoke County and the City of Opole, Poland
have established a relationship through the Managers to Managers
Program sponsored by the Virginia Local Government Management·
Association and the Foundation in Support of Local Democracy;
and
WHEREAS, this relationship has included an exchange
program, providing opportunities for officials from the two
localities to visit each other and experience the problems and
issues which are faced by local governments; and
WHEREAS, the two localities wish to formalize the
relationship, and to expand the exchange program to include
students, athletes, and other interested groups; and
WHEREAS, a draft agreement has been signed providing
the framework for the continued relationship, and setting forth
the mutual interests which exist between the governments of
Roanoke County and the City of Opole.
NOW, THEREFORE, BE IT RESOLVED, that the Roanoke County
Board of Supervisors does hereby ratify the draft agreement
signed by Elmer Hodge, County Administrator, and Leszek Pogan,
Mayor of Opole, on November 30, 1994; and further
BE IT RESOLVED, that the Board of Supervisors
encourages and supports the continued relationship between the
citizens of Opole and the citizens of Roanoke County.
On motion of Supervisor Minnix to adopt the resolution,
and carried by the following recorded vote:
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December 13, 1994
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AYES:
NAYS:
ABSENT :
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Supervisors Johnson, Kohinke, Minnix, Eddy
None
Supervisor Nickens
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AGREEMENT
on
establishment of the friendly contacts and cooperation between the County of Roanoke
in the State of Virginia in the United States of America and the City of Opole in
Rzeczypospolita Polska.
The current contacts, initiated by the Virginia Local Government Management
Association, sponsored by USIA and realized by the City Government of Opole in
cooperation with the Foundation in Support ofLoca1 Democracy within the framework
of program "Manager to Manager", have contributed to the mutual acquaintance and
exchange of experiences resulting with tightening of the relations.
Aware of the importance of good relations at the time of the changes undergoing
in the contemporary world we bereby signed Elmer C. Hodge, Roanoke Connty Ad-
ministrator, and Leszek Pogan, Mayor of City of Opole, conclude in Opole in the
Town Hall on 30th of November, 1994 the agreement on establishment of cooperation
between Opole and Roanoke County.
Feeling that the relations between our cities will render thé enrichment of the
cultural and social life; as well as secure the rules of self-government and democracy
we declare the mutual wish in implementing it
I. The cooperation between Roanoke County and Opole will comprise the following:
- exchange of the experience on city management and development planning within
the framework of continued program "Manager to Manager", .
cultural exchange on the basis of the contacts between the artists,
educational and scientific exchange of intellectuals, scientists, students and teach:'
ers, with special stress on the modem ideas and educational programs and per-
sonal contacts of the youth,
exchange of the experiences in solving the problems of unemployment and so-
cial service, .
exchange in spon and tourism by sharing the information and experience con-
nected with building a network of accommodation services and tourist infonna-
tion in the city,
environmental cooperation - exchange of the experience in ecological education
of local community.
2. As the basis for the current contacts should be regarded an exchange of infonna
tion between the parts about the activities and events in all the above mentioned
subjects regulated by separate agreements.
3. Both parts will create conditions for mutual acquaintance and exchange of the
ideas and information between the inhabitants of Roanoke> County and Opole,
especially to maintain the contacts between the youth and cooperation between
schools.
4. The exchange of the correspondence and talks will be performed in English.
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The agreement on establishment of the relations between Roanoke County and Opole
was signed in Opole on 30th of November in English and Polish versions.
Both text are of the same contents.
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Elmer Hodge,
County Administrator County of Roanoke.
Opole, ~994-·1 h~O
~ AdoDtion of a Resolution EXDressinq the ODDosition of
the Roanoke County Board of SUDervisors to the ProDosal
to Eliminate the Local ·Business License Tax.
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R-121394-4
Mr. Mahoney reported that this resolution was in response to
a proposal by Governor Allen to eliminate the local business and
professional license tax which would have a $3 million annual negative
impact to Roanoke County.
Supervisor Johnson asked staff to provide a list of
alternatives to make up the lost revenue and a list of services that
could be cut if the revenue is lost.
Supervisor Eddy offered
suggested changes to the resolution.
Supervisor Johnson moved to adopt the resolution with
Supervisor Eddy's suggested changes.
The motion carried by the
following recorded vote:
AYES:
Supervisors Johnson, Kohinke, Minnix, Eddy
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NAYS:
None
ABSENT:
Supervisor Nickens
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December 13, 1994
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RESOLUTION 121394-4 EXPRESSING THE OPPOSITION
OF THE ROANOKE COUNTY BOARD OF SUPERVISORS TO
THE PROPOSAL TO ELIMINATE THE LOCAL BUSINESS
LICENSE TAX
WHEREAS, Governor Allen has recently proposed to
eliminate the authority of local governments to adopt a local
license tax on businesses, trades, professions, occupations and
callings and upon persons, firms and corporations engaged
therein; and,
WHEREAS, Roanoke County currently levies a business
license tax, which provides approximately $3 Million in annual
revenue, or _4.3% of the total local annual revenue for the
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County, the fifth largest source of County tax revenues; and,
WHEREAS, this levy equitably spreads the local tax
burden to the business community, and relieves residential
homeowners of the burden of providing all of the local
governmental services; and,
WHEREAS, this proposal would unfairly shift to
residential homeowners the burden of paying for the provision of
governmental services for the businesses, trades, professions,
occupations and callings, and replacing this lost source of local
revenue; and,
WHEREAS, if the residential homeowner were required to
replace this lost revenue solely from the local real estate tax
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levy, then real estate taxes would increase by 9 cents per $100
of assessed value in Roanoke County; and,
WHEREAS, if local services were reduced to accommodate
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December 13, 1994
this ill-advised measure, then the delivery of critical local
services including education and public safety would be
curtailed; and,
WHEREAS, the adoption of this proposal would further
restrict the already limited taxing powers of counties; and
WHEREAS, this proposal to eliminate this local revenue
source is another unfunded mandate from Richmond on local
governments.
NOW THEREFORE, BE IT RESOLVED, By the Board of
Supervisors of Roanoke County, Virginia:
1) That Roanoke County is opposed to the elimination
of local authority to levy and provide for the assessment and
collection of license taxes on businesses, trades, professions,
occupations and callings and upon the persons, firms and
corporations engaged therein without the corresponding dedication
of a permanent replacement source of funding.
2) That the Governor of the Commonwealth of Virginia
and the members of the General Assembly are hereby petitioned to
reconsider and reject the proposal to eliminate local authority
to levy and provide for the assessment and collection of license
taxes on businesses, trades, professions, occupations and
callings and upon the persons, firms and corporations engaged
therein.
3) That the Clerk to the Board of Supervisors is
requested to mail a certif ied copy of this Resolution to the
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'December 13, 1994
9:17
Governor, each of the members of the Roanoke Valley delegation to
the General Assembly, and to the Virginia Municipal League and
the Virginia Association of Counties and the Roanoke Regional
Chamber of Commerce.
On motion of Supervisor Johnson to adopt the
resolution, and carried by the following recorded vote:
AYES: Supervisors Johnson, KOhinke, Minnix, Eddy
NAYS: None
ABSENT: Supervisor Nickens
IN RE:
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RDQUEST FOR PUBLIC HEARING AND FIRST READING OF
REZONING ORDINANCES - CONSENT AGENDA
Supervisor Johnson moved to approve the first reading
of the ordinance and se~ the second reading and public hearing
for January 24, 1995. The motion carried by the following
recorded vote:
AYES: Supervisors Johnson, Minnix, Eddy
NAYS: Supervisor Kohinke
ABSENT: Supervisor Nickens
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Supervisors Kohinke and Minnix expressed concern about
private kennels in R-1 neighborhoods.
h Ordinance Authorizinq a SDecial Use Permit to
Construct a Private Kennel located at 1942 Laurel
Woods Drive in the Catawba Maqisterial District.
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IN RE:
SECOND READING OF ORDINANCES
h Ordinance AuthorizinQ' the Acauisition of a Water
Line Easement from Hollins Manor for the T.C.E.
Water proiect. (Gary Robertson utility Director)
0-121394-5
This ordinance would authorize the acquisition of the
water line easement for $3,000. Mr. Robertson advised that this
was 40% of the assessed value. There was no discussion and no
citizens were present to speak.
Supervisor Minnix moved to adopt the ordinance. The
motion carried by the following recorded vote:
AYES: Supervisors Kohinke, Minnix, Eddy
NAYS: None
ABSENT: Supervisor Nickens
ABSTAIN: Supervisor Johnson
ORDINANCE 121394-5 FOR AUTHORIZATION TO
ACQUIRE A WATER LINE EAS~ENT FROM HOLLINS
MANOR FOR THE T.C.E. WATER PROJECT
WHEREAS, a permanent water line easement across a tract
of land owned by Hollins Manor, a Virginia limited partnership,
is required in connection with the T.C.E. Water Project; and,
WHEREAS, staff has negotiated with the property owner
for the acquisition of said easement and the owner has agreed to
accept the sum of $3,000.00; and,
WHEREAS, section 18. 04 of the Roanoke County Charter
directs that the acquisition of real estate be accomplished by
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December 13, 1994
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ordinance; the first reading of this ordinance was held on
November 22, 1994, and the second reading was held on December
13, 1994.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF
SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, as follows:
1. That the acquisition and acceptance of a permanent
water line easement from Hollins Manor, for the sum of $3,000.00
is hereby authorized and approved; and
2. That the consideration of $3,000.00 shall be paid
from the funds previously appropriated by the Board of
Supervisors to the utility Department budget for the T.C.E. Water
II Project; and,
3. That the County Administrator is hereby authorized
to execute such documents and take such actions as may be
necessary to accomplish this acquisition, all of which shall be
on form approved by the County Attorney.
4. That this ordinance is effective immediately upon
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its adoption.
On motion of Supervisor Kohinke to adopt the ordinance,
and carried by the following recorded vote:
AYES: Supervisors Kohinke, Minnix, Eddy
NAYS: None
ABSENT: Supervisor Nickens
ABSTAIN: Supervisor Johnson
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December 13, 1994
h Ordinance Authorizinq Conveyance of a 4.41 Acre
Parcel of Real Estate (Tax MaD No. 77.15-1-11)
Known as the Oqden Community Center Located at
2932 Oqden Road, Cave SDrinq Maqisterial District.
(Paul Mahoney, County Attorney) (CONTINUED FROM
OCTOBER 11, 1994 AND NOVEMBER 22, 1994)
0-121394-6
Mr. Mahoney reported that PM Properties, Inc. has
offered to purchase the property for $400,000.
A series of
technical conditions and minor title problems were involved in
the transaction. These have been resolved and staff recommends
acceptance of the offer. Mr. Mahoney advised that the money
would go into the Capi tal account as required by the County
Charter.
Supervisor Minnix moved to adopt the ordinance. The
motion carried by the following recorded vote:
AYES: Supervisors Johnson, Kohinke, Minnix, Eddy
NAYS: None
ABSENT: Supervisor Nickens
ORDINANCE 121394-6 AUTHORIZING CONVEYANCE AN
A 4.41-ACRE PARCEL OF REAL ESTATE (TAX MAP
NO. 77.15-1-11) KNOWN AS THE OGDEN COHHUNITY
CENTER LOCATED AT 2932 OGDEN ROAD IN THE CAVE
SPRING MAGISTERIAL DISTRICT
BE IT ORDAINED by the Board of Supervisors of Roanoke
County, virginia, as follows:
1. That pursuant to the provisions of Section 16.01
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of the Charter of Roanoke County, the subject property has been
declared to be surplus and is being made available for other
public uses; and
2. That pursuant to the provisions of Section 18.04
of the Charter of Roanoke County, a first reading was held on
September 27, 1994; and a second reading was held on October 11
1994, and was continued to November 22, 1994, and continued again
to December 13, 1994, concerning the sale and disposition of a
4.41-acre parcel of real estate known as the Ogden Community
center, Tax Map No. 77.15-1-11; and
3. That an offer having been
property, the offer of PM Properties. Inc.
property for $400.000 is hereby accepted; and
4. That all net proceeds from the sale of this real
estate are to be allocated to the Capital Projects Fund; and
5. That the County Administrator is authorized to
execute such documents and take such actions on behalf of Roanoke
County as are necessary to accomplish the conveyance of said
property, all of which shall be upon form approved by the County
Attorney.
received for said
to purchase this
On motion of Supervisor Minnix to adopt the ordinance,
and carried by the following recorded vote:
AYES: Supervisors Johnson, Kohinke, Minnix, Eddy
I NAYS: None
ABSENT: Supervisor Nickens
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IN RE: APPOINTMENTS
A-121394-7
Supervisor Johnson moved to confirm all appointments at
this meeting in order for the members to begin service on January
1, 1995. The motion carried by the following recorded vote:
AYES: Supervisors Johnson, Kohinke, Minnix, Eddy
NAYS: None
ABSENT: Supervisor Nickens
h Blue Ridae Community Services Board of Directors
Supervisor Minnix nominated Susan Schiebe to serve a
three-year term which will expire December 31, 1997.
~ Library Board II
Supervisor Minnix nominated Nancy Green to serve a
four-year term representing the Cave Spring Magisterial district.
Her term will expire December 31, 1998.
~ Roanoke Valley Resource Authority
Supervisor Eddy nominated Diane Hyatt to serve another
four-year term which will expire December 31, 1998.
IN RE: CONSENT AGENDA
R-121394-8
Supervisor Johnson moved to adopt the Consent
Resolution with Item 6 removed. The motion carried by the
following recorded vote:
AYES; Supervisors Johnson, KOhinke, Minnix, Eddy
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December 13, 1994
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NAYS:
None
ABSENT:
Supervisor Nickens
Supervisor Minnix moved to postpone Item 6 to January
10, 1995, to receive details on specific amounts given to
charity. The motion carried by the following recorded vote:
AYES: Supervisors Johnson, Kohinke, Minnix, Eddy
NAYS: None
ABSENT: Supervisor Nickens
RESOLUTION 121394-8 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
II County, Virginia, as follows:
1. that the certain section of the agenda of the Board
of Supervisors for December 13, 1994, 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 lO, inclusive, as follows:
1. Approval of Minutes - November 22, 1994
2. Confirmation of Committee Appointments to the
Building Code Board of Adjustments and Appeals,
the Blue Ridge Community Services Board of
Directors, the Court Community Corrections Policy
Board and the Roanoke County Planning Commission.
3. Confirmation of Committee Appointment to the
Community Policy and Management Team.
4.
Adoption of a Resolution to Abandon a Portion of
Crumpacker Road (Route 781).
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5.
Approval of 50/50 Raffle Permit for Calendar Year
1995 from the Northside Athletic Booster Club.
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December 13, 1994
6. A~~roval of a Bin~e rcrmit for Calcnàar Year 1995
from the Reano](C }{oose Leà~c #284.
7. Approval of a 50/50 Raffle Permit for Calendar
Year 1995 from the Roanoke Moose Lodge #284.
8. Approval of a 50/50 Raffle Permit for Calendar
Year 1995 from Women of the Moose, Roanoke Chapter
#1022.
9. Request for Acceptance of 0.13 Miles of Kings
Court ,Drive, 0.08 Miles of Fox Chase Court and
0.04 Miles of Knights Court into the VDOT
Secondary System.
10. Request for Acceptance of 0.18 Miles of
Summerfield Drive, 0.14 Miles of Bloomfield
Avenue, 0.08 Miles of High Crest Court, 0.03 Miles
of Mulholland Circle and 0.02 Miles of Barnaget
Drive into the VDOT Secondary System.
2. That the Clerk to the Board is hereby authorized
and directed where required by law to set forth upon any of said
items the separate vote tabulation for any such item pursuant to
this resolution.
On motion of Supervisor Johnson to adopt the Consent
Resolution with Item 6 removed, and carried by' the following
recorded vote:
AYES:
Supervisors Johnson, Kohinke, Minnix, Eddy
NAYS:
None
ABSENT:
Supervisor Nickens
On motion of Supervisor Minnix to postpone Item 6 to
January 10, 1995, to receive details on specific amounts given to
charity, and carried by the following recorded vote:
AYES:
Supervisors Johnson, Kohinke, Minnix, Eddy
NAYS:
None
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December 13, 1994
925
ABSENT:
Supervisor Nickens
RESOLUTION 121394-8.c REQUESTING ABANDONMENT OF .12
MILES OF CRUMPACKER ROAD FROM THE VIRGINIA DEPARTMENT
OF TRANSPORTATION SECONDARY ROAD SYSTEM.
WHEREAS, after considering all evidence available, this
Board is satisfied that no public necessity exists for the
continuance of the section of Secondary Route 781, from its
intersection of Rome Drive (Route 1226) and Crumpacker Road
(Route 781) west to its terminus, a distance of .12 miles, and
hereby deems that section of road is no longer necessary as a
part of the Secondary System of State Highways.
NOW, THEREFORE, BE IT RESOLVED, this Board abandons the
above described section of road and removes it from the secondary
system of state highways, pursuant to §33.1-155, Code of
Virginia.
BE IT FURTHER RESOLVED, that a certified copy of this
resolution be forwarded to the Resident Engineer for the Virginia
Department of Transportation.
I
Recorded Vote
Moved By:
Seconded By:
Yeas:
Nays:
Absent:
Bob L. Johnson.
None Recruired
SUDervisors Johnson, Kohinke, Minnix, EddY
None
SUDervisor Nickens
RESOLUTION 121394-8.q REQUESTING ACCEPTANCE OF 0.13
HILES OF KINGS COURT DRIVE, 0.08 MILES OF FOX CHASE
COURT AND 0.04 MILES OF KNIGHTS COURT INTO THE VIRGINIA
DEPARTMENT OF TRANSPORTATION 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.
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December 13, 1994
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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: Bob L. Johnson
Seconded By:None Required
Yeas: SUDervisors Johnson, Kohinke, Minnix. Eddy
Nays: None
Absent: SUDervisor Nickens
RESOLUTION 121394-8.h REQUESTING ACCEPTANCE OF 0.18
MILES OF SUHHERFIELD DRIVE, 0.14 MILES OF BLOOMFIELD
AVENUE, 0.08 MILES OF HIGH CREST COURT, 0.03 MILES OF
MULHOLLAND CIRCLE AND 0.02 MILES OF BARNAGET DRIVE INTO
THE VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY I
STATE 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 Tr~nsportation, 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 II
Department of Transportation.
Recorded Vote
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December 13~ 1994
927
Moved By: Bob L. Johnson
Seconded By:None Required
Yeas: SUDervisors Johnson, Kohinke, Minnix, Eddy
Nays: None
Absent: SUDervisor Nickens
IN RE:
REPORTS AND INQUIRIES OF BOARD MEMBERS
SUDervisor Johnson:
(1)
He announced that American
Airlines will shut down service from Roanoke to Raleigh-Durham.
(2)
He asked about the North Loop Transmission Line.
utility
Director Gary Robertson advised that this was not included in the
original funding package. He estimated the cost at $3.5 million
and felt that there would be funds available to complete the
project, with construction during 1996.
Supervisor Kohin~e~ (1)
received
He
copy
of
a
Assistant Administrator Don Myers' memorandum regarding the staff
retreat and asked that the Board do something similar at their
retreat. Mr. Hodge suggested that the Board Planning Retreat be
held on January 20 and 21, 1995, with a facilitator to work on
the visioning process. (3) He asked if any staff was planning to
attend the Virginia's White House Conference on Travel and
Tourism.
Mr. Hodge responded that someone from Economic
Development would attend.
(4) He asked about Supervisor Eddy's
and Mr. Hodge's memorandum regarding reserved parking spaces,
and advised that he didn't need one but felt there should be two
reserved spaces except on Board meeting dates.
There was no
consensus, but several board members indicated that they did not
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December 13, 1994
need spaces.
(4) He advised that he supported the work session
with the new School Board in January. (5) He agreed with
Supervisor Eddy's memorandum regarding the letter to the Governor
concerning unfunded mandates. (6) He expressed appreciation to
Fire and Rescue Volunteer Coordinator Amy Shelor for the new
Volunteer newsletter.
Supervisor Minnix: (1) He thanked utility Director
Gary Robertson for his help with a resident's problem. (2) He
thanked Parks and Recreation Director Pete Haislip for the
invitation to the Parks and Recreation luncheon which he
attended. (3) He announced that he met with representatives of
one of the fire departments in Cave Spring District and was
advised of safety problems with the bay doors that don't work and
need to be replaced.
Supervisor Eddv: (1) He asked Don Myers to brief the
Board members on the Urban Summit. (2) He advised that the next
meeting with Roanoke City Council will be held January 9, 1995 at
the Highland Park Magnet School. (3) He asked whether the
zoning ordinance regarding signs would be amended to comply with
Mr. Hodge's agreement with the Roanoke Regional Homebuilders.
Mr. Hodge did not feel that this was necessary, but Mr. Mahoney
advised that he disagreed and he felt that the ordinance should
be' amended. ( 4) He announced that Mr. Hodge met wi th Judge
Trabue to discuss the priorities for use of the courthouse
maintenance fees. There will be $5,000-$6,000 left after the
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December 13, 1994
f}g9
other priority requests are funded, and this will pay for the
gravel and grading of the parking lot until a long term lease
agreement is made with the owners. (5) He asked about the use of
the new drop box in front of Roanoke County Administration
Center. Don Myers advised that it is being used, but he does not
know the volume of usage. (6) He advised that Treasurer Fred
Anderson had written to the Board advising that he has made
conservative investments and Roanoke County is in no danger of
losing funds as happened in Orange County, California. (6) He
congratulated the staff on the new Comprehensive Financial Annual
Report. (7) He announced this was his last meeting as Chairman
II and expressed appreciation to staff and Board members for their
assistance.
IN RE:
REPORTS
Supervisor Johnson moved to receive and file the
fOllowing reports. The motion carried by a unanimous voice vote
with Supervisor Nickens absent.
h General Fund UnaDDroDriated Balance
~ CaDital Fund UnaDDroDriated Balance
~ Board ContinClency Fund
~ Accounts Paid - November 1994
h
ReDort of ODerations for Year Ended June 30, 1994.
Statement of Treasurer's Accountability Der
Investments and Portfolio Policy as of November
II
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December 13, 1994
30, 1994
IN RE:
WORK SESSION
ÅL EmDloyee Handbook Draft
Director of Human Resources Keith Cook advised that a
team of County employees had worked to develop the proposed
handbook, which was then reviewed by all department heads, the
Employee Advisory Committee, the County Administrator and the
Board of Supervisors. The Handbook Team then made additional
changes based on recommendations they had received after the
review. Mr. Cook advised that six benefit enhancements had been
included in the proposed handbook and that the County
Administrator is recommending inclusion of three of them,
including an early retirement incentive program, a 20-year
service pay bonus and additional annual leave for 15 and 20 years
service. He advised that the total cost for all enhancements is
estimated at $580,000 to $610,000.
There was discussion on whether the handbook should be
less wordy and . include only references to specific state and
federal laws, but staff recommended that the handbook include as
much detail as possible.
Supervisor Eddy asked for a comparison of benefits with
other localities and suggested that a statement be included that
the staff's purpose is to serve the Roanoke County citizens.
Supervisor Johnson suggested using a mission statement from the
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December 13, 1 994
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visioning retreat. Mr. Hodge advised that the benefit
enhancements will be included in the 1995-96 budget process.
Mr. Hodge was directed to bring back the handbook for
approval on January 10, 1995, and the Board requested that
specific cost estimates for the proposed enhanced benefits be
included in the budget process.
IN RE: EXECUTIVE SESSION
At 5:45 p.m., Supervisor Johnson moved to go into
Executive Session pursuant to the Cdde of Virginia Section 2.1-
344 A (7) Consultation with legal counsel and briefings by staff
I pertaining to actual or probably litigation: city of Roanoke
Water Claim. The motion carried by the following recorded vote:
AYES: Supervisors Johnson, Minnix, Eddy
NAYS: None
ABSENT: Supervisors Nickens, Kohinke
IN RE: CERTIFICATION OF EXECUTIVE SESSION
R-121394-9
At 7:05 p.m., Supervisor Minnix moved to return to open
session and adopt the Certification Resolution. The motion
carried by the following recorded vote:
AYES: Supervisors Johnson, KOhinke, Minnix, Eddy
I NAYS: None
ABSENT: Supervisor Nickens
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December 13, 1994
þ
RESOLUTION 121394-9 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.l-344.1 of the Code of Virginia
requires a certification by the Board of Supervisors of Roanoke
County, Virginia, that such executi ve 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,
I
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 Minnix to adopt the Resolution,
and carried by the following recorded vote:
AYES: supervisors Johnson, Kohinke, Minnix, Eddy
NAYS: None II
ABSENT: Supervisor Nickens
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December 13, 1994
m
IN RE:
PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND AWARDS
h RecoClnition and Resolutions of ADDreciation to
Fire and Rescue Volunteers and the Mason Cove Fire
DeDartment for Over 25 Years of Service to Roanoke
County.
R-121394-10
Chairman Eddy and Vice-Chair Kohinke presented plaques
to the volunteers who were present and to a representative of
Mason Cove Volunteer Fire Department.
Supervisor Johnson moved to adopt the resolution. The
II motion carried by the following recorded vote:
AYES:
Supervisors Johnson, Kohinke, Minnix, Eddy
NAYS:
None
ABSENT:
Supervisor Nickens
RESOLUTION 121394-10 OF APPRECIATION TO VOLUNTEERS
FOR OVER 25 YEARS OF DEDICATED SERVICE
TO THE COUNTY OF ROANOKE
WHEREAS, Roanoke County is indebted to the volunteers
who provide fire and rescue service to the citizens of the
County; and
II
WHEREAS, these men and women dedicate countless hours,
unpaid but appreciated, to ensure the safety of the people and
property of Roanoke County; and
WHEREAS, due to the complexity of family and business
life, few volunteers are able to maintain this type of commitment
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December 13, 1994
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over a long period of time, as demands on their time and energy
increase; and
WHEREAS, Roanoke County wishes to recognize those
people who have been able to continue in service to the citizens
of the County, and has established a Quarter Century Club for the
volunteers who have served for over 25 years.
NOW, THEREFORE, BE IT RESOLVED, that the Board of
Supervisors of Roanoke County, Virginia, on its own behalf and on
the behalf of the citizens of the County, does hereby express its
deepest appreciation to the following dedicated citizens for over
twenty-five years of service as volunteers with the Roanoke
County Fire and Rescue Department: GLEN T. BANDY, MELVIN L. I
CONNER, NORMAN DARNALL, RALPH L. GILES, FRED L. RECTOR, HARRY
WOOTEN, THOMAS W. LAMONS, AND THE MASON COVE VOLUNTEER FIRE
DEPARTMENT; and
FURTHER, BE IT RESOLVED, that they are hereby certified
as members of the Quarter century Club for Volunteers in Roanoke
County.
On motion of Supervisor Johnson to adopt the
resolution, and carried by the following recorded vote:
AYES: Supervisors Johnson, Kohinke, Eddy, Minnix
NAYS: None
ABSENT: Supervisor Nickens
IN RE:
PUBLIC HEARING AND SECOND READING OF ORDINANCES
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December 13, 1994
CB5
Chairman Eddy announced that the following public
hearing request was tabled by the Planning commission on December
6, 1994.
ordinance AuthorizinCl a Soecial Use Permit to Construct
and Ooerate a Police outdoor Firearms TraininCl Ranae,
Located at 6231 Twine Hollow Road, Catawba MaClisterial
District, Uoon the Petition of the Roanoke County
Police Deoartment.
"
h Ordinance to'Rezone AooroximatelY 4.83 Acres from
R-l to R-3 to Construct Townhomes. Located
AooroximatelY 450 Feet North of the Intersection
of Wood Haven Road and Scarlet Oak Drive, Hollins
MaClisterial District. Uoon the Petition of Strßuss
Construction
Corooration.
(Terrv
HarrinClton,
PlanninCl , ZoninCl Director)
0-121394-11
Mr. Harrington reported that the petitioner is
proposing to construct townhouse units on individual lots and
that the architecture will be similar to one-story townhomes
currently under construction on Scotch pine Lane.
:.,.
At the
Planning Commission hearing, several citizens spoke concerning
the inadequate road system, lowering property values, lack of
privacy and problems with water pressure.
The Planning
Commission questioned the required fire flow and density of the
project, but recommended approval of the project.
Petitioner Steve Strauss was present and advised that
the construction project meets with the spirit and intent of the
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December 13, 1994
land use plan and will result in increased real estate taxes of
$25,000. He advised that the townhomes will sell in the range of
$84,000 to $105,000.
Craig Evans, 7181 Deerwood Road, expressed concern
about losing privacy and sound protection.
Thomas Spain, "7152
Deerwood Road, asked if water pressure could be increased if two
lines were connected. utility Director Gary Robertson responded
that it might help in high demand times, but would not help
during low demand periods.
Supervisor Johnson moved to adopt the ordinance. The
motion carried by the following recorded vote:
AYES:
Supervisors Johnson, KOhinke, Minnix, Eddy
NAYS:
None
ABSENT:
Supervisor Nickens
ORDINANCE 121394-11 TO CHANGE THE ZONING
CLASSIFICATION OF A ... 83-ACRE TRACT OF REAL
ESTATE LOCATED 450 FEET NORTH OF THE
INTERSECTION OF WOOD HAVEN ROAD AND SCARLET
OAK DRIVE (PART OF TAX HAP NOS. 26.19-1-14
AND 26.19-1-15) IN THE HOLLINS MAGISTERIAL
DISTRICT FROM THE ZONING CLASSIFICATION OF R-
1 TO THE ZONING CLASSIFICATION OF R-3 WITH
CONDITIONS UPON THE APPLICATION OF STRAUSS
CONSTRUCTION CORPORATION
WHEREAS, the first reading of this ordinance was held
on November 22, 1994, and the second reading and public hearing
were held December 13, 1994; and,
WHEREAS, the Roanoke County Planning Commission held a
public hearing on this matter on De~ember 6, 1994; and,
WHEREAS, legal notice and advertisement has been
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December 13, 1994
fB7
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 4.83 acres, as described herein, and
located 450 feet north of the intersection of Wood Haven Road and
Scarlet Oak Drive, (Part of Tax Map Numbers 26.19-1-14 and 26.19-
1-15) in the Hollins Magisterial District, is hereby changed from
the zoning classification of R-1, Low Density Residential
District, to the zoning classification of R-3, Medium Density
MUlti-Family Residential District.
2. That this action is taken upon the application of
st-:auss Construction corporation.
3. That the owner has voluntarily proffered in
writing the following conditions which the Board of Supervisors
hereby accepts:
(1) Deerwood Road shall not be extended from its
present terminus into subject property.
(2) In the required buffer yard area that begins
at a point 235 feet from the northeasterly
corner and extending 200 feet in a southerly
direction, the following conditions shall
apply: (a) utilize Option 2 for the Type C
buffer yard; (b) install the required row of
evergreen trees; (c) establish a more
intensive buffer within the 25-foot buffer
yard by substituting a row of large evergreen
trees, spaced in accordance with the planting
requirements of the ordinance, for. the
required row of evergreen shrubs. This row
of evergreen trees shall be larger than the
required5-foot height and shall have a
minimum height of at least 6 feet at the time
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Deeemher 13, 1994
þ
of planting; (d) if existing natural areas on
either end of the above-described 200 feet
have mature trees removed within the 25-foot
buffer yard area, then the above paragraphs
(2) (a), (b), and (c) shall apply to those
areas so disturbed along this easterly
boundary.
(3) Development of the property shall be at a
maximum of 6.00 homes per acre.
4. That said real estate is more fully described as
follows:
Beginning at Corner #1, said point being the
southwesterly corner of Tract #5, The Waterford
(PB 16, PG 21); said point also located on the
southerly right-of-way of Scarlet Oak Drive, NW
(PB 11, PG 76); thence leaving Scarlet Oak Drive
and with the southerly boundary of Section #5,
Waterford, in a southeasterly direction, So 82 I
deg. 47' 15" E. 471. 69 feet to Corner #2, said
point located on the southerly boundary of Tract
A, within section #5, The Waterford; thence S. 26
deg. 24' 45" W. passing the southwesterly corner
of Tract A at 84.82 feet, passing the
southwesterly boundary corner of section #1,
Revised The Woodlands (PB 9, PG 21) at 434.82 feet
in all 559.50 feet to Corner #3, said point
located on the westerly boundary of Lot 1, Block
4, section 4, The Woodlands (PB 9, PG 85); thence
leaving section #4, The Woodlands and with a new
division line through the property of Billy C.
Sloan, et ux., S. 56 deg. 58' 15" E. 489.81 feet
to Corner #4, said point located on the southerly
right-of-way of Scarlet Oak Drive, NW; thence
continuing with Scarlet Oak Drive, N. 33 deg. 01'
45" E. 350 feet to Corner #1, the place of
Beginning and containing 4.83 acres.
5. That this ordinance shall be in full force and
effect thirty (30) days after its final passage. All ordinances
or parts of ordinances in conflict with the provisions of this
ordinance be, and the same hereby are, repealed.
The Zoning
II
Administrator is directed to amend the zoning district map to
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December 13, 1 994
'B9
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, Minnix, Eddy
NAYS: None
ABSENT: Supervisor Nickens
~ Ordinance to Amend the Text of the Roanoke County
ZoninCl Ordinance to Include a Well-Head Protection
Overlay District. (Janet Scheid, PlanninCl and
ZoninCl)
0-121394-12
Mr. Harrington advised that in 1992, the Department of
Planning and Zoning received a State grant to study water supply
issues, and three public wells were selected for in-depth study.
They were located in Starkey, Hidden Valley and Bonsack. The
study included compatible land uses in the area of public water
supplies and recommendation for a proposed well-head protection
overlay district which at this time would only apply to the three
wells studied under the grant.
Supervisor Minnix moved to adopt the ordinance. The
motion carried by the following recorded vote:
AYES: Supervisors Johnson, KOhinke, Minnix, Eddy
NAYS: None
ABSENT: Supervisor Nickens
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940
December 13, 1994
ORDINANCE 121394-12 AMENDING THE ROANOKE
COUNTY ZONING ORDINANCE BY ENACTING THE WELL-
HEAD PROTECTION OVERLAY DISTRICT
WHEREAS, the first reading on this ordinance was
scheduled for November 22, 1994; the second reading and public
hearing was scheduled for December 13, 1994; and
WHEREAS, the Roanoke county Planning Commission held a
public hearings on this måtter during September and November of
1994; and,
WHEREAS, legal notice and advertisement has been
provided as reqµired by law.
NOW, THEREFORE, BE IT ORDAINED by the Board of
Supervisors of Roanoke County, Virginia, as follows:
1. That the following language be added to the
Roanoke County Zoning Ordinance:
ARTICLE III DISTRICT REGULATIONS
SEC. 30-76
WBP WELL-HEAD PROTECTION OVERLAY DISTRICT
Sec. 30-76-1 Purpose
(A) The purpose of the Well-head Protection (WHP) Overlay
District is to prevent contamination of pUblic wells,
public wellfields, and other groundwater resources that
are used as sources of public drinking water.
This
District will promote the health, safety, and general
welfare of the community by protecting the groundwater
supply within the County.
Seco 30-76-2 Desiqnation of Well-Head Protection
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Deèemher 1~1 1994
94i
(A)
Overlay District
(A) The governing body of Roanoke County, Virginia hereby
establishes and delineates on the Zoning District Maps
the Well-head Protection Overlay District, to be
referred to on the Zoning District Maps by the symbol
WHP.
Sec. 30-76-3 Existing Structures and Land Uses
(A) The provisions of this article shall apply only to
structures constructed and land uses established after
January 21, 1995.
Sec. 30-76-4 Use of Agricultural and Household
Chemicals
To further the purposes of this District and prevent
contamination of pUblic drinking waters in Roanoke
County, it is recommended that agricultural or
household chemicals, including herbicides,
insecticides, fungicides, and pesticides, to be
dispersed upon the land or on animals, be applied in
accordance with label directions as attached by the
manufacturer. Such chemicals shall be disposed in
accordance with the Commonwealth of Virginia Department
of Environmental Quali ty , Hazardous Waste Management
Regulations.
Sec. 30-76-5 Permitted Uses
The uses permitted in the Well-Head Protection Overlay
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December 13, 1994
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District shall be the same as those permitted in the
underlying zoning district except as specified in
section 30-76-6.
Sec. 30-76-6 Prohibited Uses
(A) The following use types and uses shall be prohibited
within the Well-Head Protection Overlay District:
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
Industry, Type III
Landfill, Sanitary
Landfill, Construction Debris
Commercial Feedlots
Automobile Repair Services, Minor.
Automobile Repair Services, Major.
Scrap and Salvage Services
Resource Extraction
Underground storage of any chemical or
products for commercial or industrial
This prohibition shall not pertain
continuation or replacement of such
existence at the time of adoption
provisions.
Land application of industrial wastes.
The outdoor, uncovered stockpiling of road salt or
other deicing chemicals, as a principal use of the
property, shall be prohibited.
petroleum
purposes.
to the
uses in
of these
I
IN ADDITION, ARTICLE II DEFINITIONS AND USE TYPES IS MODIFIED AS
FOLLOWS TO ADD A DEFINITION OF "PUBLIC WELL"
(C) PUBLIC WELL - A well that has fifteen (15) or more
connections or twenty-five (25) or more people on one
well.
2. That this ordinance shall be in full force and
effect thirty (30) days after its final passage. All ordinances
or parts of ordinances in conflict with the provisions of this
ordinance be, and the same hereby are, repealed.
The Zoning
II
Administrator is directed to amend the zoning district map to
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December 13, 1994
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reflect the change in zoning classification a1;1thorized by this
ordinance.
On motion of supervisor Minnix to adopt the ordinance,
and carried by the following recorded vote:
AYES:
Supervisors Johnson, KOhinke, Minnix, Eddy
NAYS:
None
ABSENT:
Supervisor Nickens
h Ordinance vacatinCl a 20 Foot DrainaCle Easement
Located on the Eastern ProDerty Line of Lot 30A,
Twin Mountain Drive, Located in FallinCl Creek
Estates. Vinton MaClisterial District, UDon the
Petition
of
Roanoke
EnClineerinCl
county
&
InsDections DeDartment.
(Arnold Covey, Director
of EnClineerinCl & InsDections)
0-121394-13
There was no discussion and no citizens were present
I
to speak.
Supervisor Johnson moved to adopt the ordinance. The
motion carried by the following recorded vote:
AYES: Supervisors Johnson, Kohinke, Minnix, Eddy
NAYS: None
ABSENT: Supervisor Nickens
ORDINANCE 121394-13 VACATING A 20-FOOT
DRAINAGE EASEMENT LOCATED ON THE EASTERN
PROPERTY LINE OF LOT 30A, TWIN MOUNTAIN
DRIVE, IN FALLING CREEK ESTATES (PB 9, PAGE
71, RESUBDIVIDED AND RECORDED IN DB 1126,
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December 13, 1994
PAGE 346), VINTON MAGISTERIAL DISTRICT
WHEREAS, Roanoke County Department of Engineering and
Inspections (on behalf of the property owners Maurice C.
Andrews, Jr. and Linda Andrews) has requested the Board of
Supervisors of Roanoke County, Virginia to vacate a 20-foot
drainage easement located on the eastern property line of Lot
30A, Twin Mountain Drive, in Falling Creek Estates in the Vinton
Magisterial District of record in Plat Book 9 at page 7l
(resubdivided and recorded in Deed Book 1126 at page 346) in the
Clerk's Office of the Roanoke County Circuit Court; and,
WHEREAS, section 15.1-482 (b) of the 1950 Code of
Virginia, as amended, requires that such action be accomplished
by the adoption of an ordinance by the governing body; and,
WHEREAS, notice has been given as required by section
15.1-431 of the 1950 Code of Virginia, as amended, and a first
reading of this ordinance was held on November 22, 1994; and the
second reading of this ordinance was held on December 13, 1994.
BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That a 20-foot drainage easement located on the
eastern property line of Lot 30A, Twin Mountain Drive, in Falling
Creek Estates in the Vinton Magisterial District of record in
Plat Book 9, at page 7l (resubdivided and recorded in Deed Book
1126 at page 346), in the Office of the Clerk of the Circuit
Court of Roanoke County, Virginia, be, and hereby is, vacated
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December 13, 1994
945
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pursuant to Section 15.1-482(b) of the 1950 Code of Virginia, as
amended; and,
2. That this ordinance shall be in full force and
effect thirty (30) days after its final passage. All ordinances
or parts of ordinances in conflict with the provisions of this
ordinance be, and the same hereby are, repealed.
3. That Roanoke County Department of Engineering and
Inspections shall record a certified copy of this ordinance along
with a map showing such vacation with the Clerk of the circuit
Court and shall pay all fees required to accomplish this transac-
tion and in artdi tion, shall be responsible for all costs and
expenses associated herewith.
4. That.; as a further condi tion to the adoption of
this ordinance, the Board of Supervisors of Roanoke County,
Virginia, shall be indemnified of and held harmless from and
against all claims for damages to any improvements or structures
within the old easement area by the owner, their heirs, succes-
sors, or assigns.
5. That pursuant to § 15.1-485 of the 1950 Code of
Virginia, as amended, the Circuit Court Clerk shall write in
plain legible letters across the part of the plat vacated, the
word "vacated" and also make a reference on the same to the
volume and page in which the instrument of vacation is recorded.
On motion of Supervisor Johnson to adopt the ordinance,
and carried by the following recorded vote:
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9-46
December 13, 1994
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AYES:
Supervisors Johnson, Kohinke, Minnix, Eddy
NAYS:
None
ABSENT:
Supervisor Nickens
~ Ordinance VacatinCl a Portion of a Dedicated RiClht-
of-Way Known as Astor Avenue. Located on the
Northern ProDerty Line of Lot 1, Block 3, Chester-
field Court Subdivision, Cave SDrinCl MaClisterial
District, UDon the Peti tion of Woods, Roaers ,
HazleClrove, P.L.C.
(Arnold Covey, Director of
EnClineerinCl , InsDections)
There was no discussion and no citizens were present
I
0-121394-14
to speak.
Supervisor Minnix moved to adopt the ordinance. The
motion carried by the following recorded vote:
AYES: Supervisors Johnson, Kohinke, Minnix, Eddy
NAYS: None
ABSENT: Supervisor Nickens
ORDINANCE 121394-14 VACATING A PORTION OF A
DEDICATED RIGHT-OF-WAY KNOWN AS ASTOR AVENUE,
LOCATED ON THE NORTHERN PROPERTY LINE OF LOT
1, BLOCK 3, CHESTERFIELD COURT SUBDIVISION
(PB 2, PAGE 176), CAVE SPRING MAGISTERIAL
DISTRICT
WHEREAS, Woods, Rogers & Hazlegrove, P.L.C. (on behalf
of Su~i Jean Mason, the owner of Lot 1) has requested the Board II
of Supervisors of Roanoke County, Virginia to vacate a portion of
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December 13, 1994
947
a dedicated right-of-way known as Astor Avenue, located on the
northern property line of Lot 1, Block 3, Chesterfield Court
Subdivision in the Cave Spring Magisterial District of record in
Plat Book 2 at page 176 in the Clerk's Office of the Roanoke
County Circuit Court; and,
WHEREAS, Section 15.1-482 (b) of the 1950 Code of
Virginia, as amended, requires that such action be accomplished
by the adoption of an ordinance by the governing body; and,
WHEREAS, notice has been given as required by Section
15.1-431 of the 1950 Code of Virginia, as amended, and a first
reading of this ordinance was held on November 22, 1994; and the
second reading of this ordinance was held on December 13, 1994.
BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That a portion of a dedicated right-of-way known as
Astor Avenue, located on the northern property line of Lot l,
Block 3, Chesterfield Court Subdivision in the Cave Spring
Magisterial District of record in Plat Book 2 at page 176 in the
Clerk's Off ice of the Roanoke County Circui t Court, be, and
hereby is, vacated pursuant to Section 15.1-482 (b) of the 1950
Code of Virginia, as amended; and,
2. That this ordinance shall be in full force and
effect thirty (30) days after its final passage. All ordinances
or parts of ordinances in conflict with the provisions of this
ordinance be, and the same hereby are, repealed.
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Deeemher 1~, 1994
3. That Woods, Rogers & Hazlegrove shall record a
certified copy of this ordinance along with a map showing such
vacation with the Clerk of the Circuit Court and shall pay all
fees required to accomplish this transaction and in addition,
shall be responsible for all costs and expenses associated
herewith.
4. That as a further condition to the adoption of
this ordinance, the Board of Supervisors of Roanoke County,
Virginia, '. shall be indemnified of and held harmless from and
against all claims for damages to any improvements or structures
within the old easement area by the owner, their heirs, succes-
sors, or assigns.
5. That pursuant to § 15.1-485 of the 1950 Code of
Virginia, as amended, the Circuit Court Clerk shall write in
plain legible letters across the part of the plat vacated, the
word "vacated" and also make a reference on the same to the
volume and page in which the instrument of vacation is recorded.
On motion of Supervisor Minnix to adopt the ordinance,
and carried by the fOllowing recorded vote:
AYES:
Supervisors Johnson, KOhinke, Minnix, Eddy
NAYS:
None
ABSENT:
Supervisor Nickens
h
Ordinance VacatinCl a 15 Foot Water Line Easement
Located on Parcel 87.06-4-2 (Route 419. Electric
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949
Road), Cave SDrinCl MaClisterial District, UDon the
Petition of Fralin and Waldron.
(Arnold Covey,
Director of EnClineerinCl & InsDections)
0-121394-15
There was no discussion and no citizens were present
to speak.
Supervisor Minnix moved to adopt the ordinance. The
motion carried by the following recorded vote:
AYES: Supervisors Johnson, KOhinke, Minnix, Eddy
NAYS: None
ABSENT: Supervisor Nickens
ORDINANCE 121394-15 VACATING A 15-FOOT WATER
LINE EASEMENT LOCATED ON PARCEL 87.06-4-2
(ROUTE 419, ELECTRIC ROAD) OF RECORD IN DEED
BOOK 1034 AT PAGE 385, CAVE SPRING MAGISTERI-
AL DISTRICT
WHEREAS, Fralin and Waldron, Incorporation has request-
ed the Board of Supervisors of Roanoke County, Virginia to vacate
a 15-foot water line easement located on Parcel 87.06-4-2 in the
Cave Spring Magisterial District of record in Deed Book 1034,
page 385 of record in the Clerk's Office of the Roanoke County
Circuit Court; and,
WHEREAS, Section 15.1-482 (b) of the 1950 Code of
Virginia, as amended, requires that such action be accomplished
by the adoption of an ordinance by the governing body; and,
WHEREAS, notice has been given as required by Section
15.1-431 of the 1950 Code of Virginia, as amended, and a first
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950
December 13, 1994
reading of this ordinance was held on November 22, 1994; and the
second reading of this ordinance was held on December 13, 1994.
BE IT ORDAINED by the Board of Supervisors of Roanoke
County, virginia, as follows:
1. That a 15-foot water line easement located on
Parcel 87.06-4-2 in the Cave Spring Magisterial District of
record in Deed Book 1034, at page 385, in the Office of the Clerk
of the Circuit Court of Roanoke County, Virginia, be, and hereby
is, vacated pursuant to Section 15.1-482(b) of the 1950 Code of
Virginia, as amended; and,
2. That this ordinance shall be in full force and
effect thirty (30) days after its final passage. All ordinances
or parts of ordinances in conflict with the provisions of this
ordinance be, and the same hereby are, repealed.
3. That Fralin and Waldron shall record a certified
copy of this ordinance along with a copy of a map showing such
vacation with the Clerk of the Circuit Court and shall pay all
fees required to accomplish this transaction and in addition,
shall be responsible for all costs and expenses associated
"herewi th .
4. That as a further condi tion to the adoption of
this ordinance, the Board of Supervisors of Roanoke County,
Virginia, shall be indemnified of and held harmless from and
against all claims for damages to any improvements or structures
within the old easement area by it, their heirs, successors, or'
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Deeemher 1~, 1994
9S=l
assigns.
5. That pursuant to § 15.1-485 of the 1950 Code of
Virginia, as amended, the Circuit Court Clerk shall' write in
plain legible letters across the part of the plat vacated, the
word "vacated" and also make a reference on the same to the
volume and page in which the instrument of vacation is recorded.
On motion of Supervisor Minnix to adopt the ordinance,
and carried by the following recorded vote:
AYES: Supervisors Johnson, Kohinke, Minnix, Eddy
NAYS: None
ABSENT: Supervisor Nickens
"'
~ Ordinance VacatinCl a Portion of a Dedicated RiClht-
of-Way AlonCl the ExistinCl Cul-de-sac on Hidden
Woods Drive, Located in Fairway Forest Estates,
Section 3, Subdivision, Windsor Hills MaClisterial
District. UDon the Petition of FFE DeveloDment:
CorDoration. (Arnold Covey. Director of Enqineer-
inCl & InSDections)
0-121394-16
There was no discussion and no citizens were present
to speak.
Supervisor Eddy moved to adopt the ordinance.
motion carried by the following recorded vote:
AYES: Supervisors Johnson, KOhinke, Minnix, Eddy
The
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952
December 13, 1994
NAYS:
None
ABSENT:
Supervisor Nickens
ORDINANCE 121394-16 VACATING A PORTION OF A
DEDICATED RIGHT-OF-WAY ALONG THE EXISTING
CUL-DE-SAC ON HIDDEN WOODS DRIVE LOCATED IN
FAIRWAY FOREST ESTATES SECTION 3 AND
RECORDED IN PLAT BOOK 11, PAGE 183, WINDSOR
BILLS MAGISTERIAL DISTRICT
WHEREAS, FFE Development Corporation has requested the
Board of Supervisors of Roanoke County, Virginia to vacate a
portion of a dedicated right-of-way along the existing cul-de-sac
on Hidden Woods Drive located in Fairway Forest Estates - section
3 in the Windsor Hills Magisterial District of record in Plat
Book 11 at page 183 in the Clerk's Office of the Roanoke County
Circuit Court; and,
WHEREAS, Section 15.1-482 (b) of the 1950 Code of
Virginia, as amended, requires that such action be accomplished
by the adoption of an ordinance by the governing body; and,
WHEREAS, notice has been given as required by Section
15.1-431 of the 1950 Code of Virginia, as amended, and a first
reading of this ordinance was held on November 22, 1994; and the
second reading of this ordinance was held on December 13, 1994.
BE IT ORDAINED by the Board of Supervisors of Roanoke
county, Virginia, as follows:
1. That a portion of a dedicated right-of-way along
the existing cul-de-sac on Hidden Woods Drive located in Fairway
Forest Estates - Section 3 in the Windsor Hills Magisterial
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December 1~, 1994
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District of record in Plat Book 11, at page 183, in the Office of
the Clerk of the Circuit Court of Roanoke County, Virginia, be,
and hereby is, vacated pursuant to section 15.1-482 (b) of the
1950 Code of Virginia, as amended; and,
2. That this ordinance shall be in full force and
effect thirty (30) days after its final passage. All ordinances
or parts of ordinances in conflict with the provisions of this
ordinanc~ be, and the same hereby are, repealed.
3. That FFE Development Corporation shall record a
certified copy of this ordinanc'e along with a map showing such
vacation with the Clerk of the Circuit Court and shall pay all
I fees required to accomplish this "transaction and in addition,
shall be responsible for all costs and expenses associated
herewith.
4. That as a further condition to 'the adoption of
this ordinance, the Board of Supervisors of Roanoke County,
Virginia, shall be indemnified of and held harmless from and
against all claims for damages to any improvements or structures
within the old right-of-way area by it, their heirs, successors,
or assigns.
II
5. That pursuant to § 15.1-485 of the 1950 Code of
Virginia, as amended, the Circuit Court Clerk shall write in
plain legible letters across the part of the plat vacated, the
word "vacated" and also make a reference on the same to the
volume and page in which the instrument of vacation is recorded.
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954
December 13, 1994
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On motion of Supervisor Eddy to adopt the ordinance,
and carried by the following recorded vote:
AYES:
Supervisors Johnson, Kohinke, Minnix, Eddy
NAYS:
None
ABSENT:
Supervisor Nickens
IN RE:
CITIZEN COHMENTS AND COHMUNICATIONS
Suzie Mason spoke in support of vacating the dedicated
right-of-way known as Astor Avenue.
IN RE:
WORK SESSION
h Monthly utility BillinCl Procedures
Finance Director Diane Hyatt and Assistant
Director
Paul Grice presented the work session.
They advised that the
staff would like to begin monthly billing in July 1995.
Under
the new method, residential meters would continue to be read
quarterly and commercial meters would be read monthly.
Residential customers' monthly bills would be estimated based on
the previous quarter's actual reading. The estimated bill would
be sent to the customer for the first two months of the cycle
with the third bill based on the actual meter reading. Ms. Hyatt
explained this would be Phase I.
Phase II would insti tute a
policy of voluntary automatic withdrawals for utility payments
from customer's bank accounts.
Phase III involves a completely
new utility billing computer system; and Phase IV will include
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December 13. 1994
955
monthly reading of meters.
The Phase I estimated cost is
$38,000.
FOllowing discussion, It was the consensus of the Board
to go forward with Phase I: monthly utility billing with
quarterly readings effective July 1, 1995; and Phase II:
automatic a~count debits effective July 1, 1996.
staff will
bring back a revised ordinance in several months.
IM RE~
Al·"jOt):cŒMEFr
At 8:07 p.m., Supervisor Johnson moved to adjourn. The
motiln carried by a unanimous voice vote with Supervis:"\"r Nickens
ûI abse:¡t.
Submitted by,
Approved by,
~~y~
Yn~ :JJ. C2.2Lv<..--
Mary H. Allen, CMC
Clerk to the Board
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December 13, 1994
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