2/23/1993 - Regular
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February 23, 1993
100-c~
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Roanoke County Board of Supervisors
Roanoke County Administration Center
3738 Brambleton Avenue, S.W.
Roanoke, Virginia 24018
February 23, 1993
The Board of Supervisors of Roanoke County, Virginia, met
this day at the Roanoke County Administration Center, this being the
fourth Tuesday, and the second regularly scheduled meeting of the
month of February, 1993.
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IN RE:
CALL TO ORDER
Chairman Minnix called the meeting tò order at 3: 03 p.m.
The roll call was taken.
MEMBERS PRESENT:
Chairman H. Odell "Fuzzy" Minnix, Vice Chairman
Lee B. Eddy, Supervisors Bob L. Johnson, Edward G.
Kohinke, Sr., Harry C. Nickens
MEMBERS ABSENT:
None
STAFF PRESENT:
Elmer C. Hodge, County Administrator; Paul M.
Mahoney, County Attorney; Mary H. Allen, Clerk;
John M. Chambliss, Assistant County Administrator;
Don C. Myers, Assistant County Administrator;
Anne Marie Green, Information Officer
IN RE:
OPENING CEREMONIES
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The invoçation was given by the Reverend Phillip
Whi taker, Brambleton Baptist Church.
The Pledge of Allegiance
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February 23, 1993
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was recited by all present.
IN RE:
REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER
OF AGENDA ITEMS
Chairman Minnix added the following items: (1)
Item 0-1: Budget Work Session, and (2) Executive Session Item
2.1-~44 A (7) Legal matter.
IN RE:
NEW BUSINESS
~ Presentation from Virqinia Amateur SDorts (Kenneth
C. Kinq, Jr. Chairman of the Board of Directors)
Mr. King and Peter Lampman , Executive Director, made I
the presentation. The Bo~rd viewed a slide presentation and
heard that the sports events bring 6,000 participants and their
families to the Roanoke Valley. Mr. King thanked the Board for
their $25,000 contribution.
~ Request for ADDroval of the Roanoke Reqional
AirDort Commission 1993-94 BUdqet and
ProDosed CaDital EX1)enditures (Diane Hvatt,
Director of Finance)
R-22393-1
Ms. Hyatt. reported that the Roanoke Regional
Airport Commission is required to submi t their budget to the
Roanoke City Council and the Roanoke County Board of Supervisors
for approval before adoption. The budget shows revenues of
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February 23, 1993
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$4,528,230 and expenditures of $4,156,624 and no additional
supplements are required from the City or County. The commission
adopted a proposed capital expenditure program totalling
$4,145,000, and the budget included a two percent salary increase
for employees.
In response to a question from Supervisor Eddy,
Supervisor Johnson who also serves as Commission Chairman advised
that the City is in the process of appointing someone to replace
Joel Schlanger, a former city member.
Supervisor Eddy moved to approve the budget.
The
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motion carried by the following recorded vote:
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AYES:
Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix
NAYS:
None
RESOLUTION 22393-1 APPROVING THE ROANOKE
REGIONAL AIRPORT COMMISSION BUDGET FOR
FY 1993-1994, UPON CERTAIN TERMS AND CONDITIONS
WHEREAS, Section 24.B of the Roanoke Regional Airport
commission Act and Section 17. (a) of the contract between the
City of Roanoke, Roanoke County" and the Roanoke Regional Airport
Commission provide that the Commission shall prepare and submit
its operating budget for the forthcoming fiscal year to the Board
of Supervisors of the County and City Council of the City; and
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WHEREAS, by report dated February 9, 1993, a copy of
which is on file in the office of .the Clerk to the Board, the
Chairman of the Roanoke Regional Airport Commission has submitted
a request that the County approve the FY 1993-1994 budget of the
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February 23, 1993
Roanoke Regional Airport Commission.
THEREFORE, BE IT RESOLVED by the Board of Supervisors
of Roanoke County, Virginia that the FY 1993-1994 budget a~d
proposed capital expenditures for the Roanoke Regional Airport
Commission as set forth in the February 9, 1993, report of the
Commission Chairman, a copy of which is incorporated by reference
herein, is hereby APPROVED, and the County Administrator and the
Clerk are authorized to execute and attest, respectively, on
behalf of the County, any documentation, in form approved by the
County Attorney, necessary to evidence said approval.
On motion of Supervisor Eddy to adopt the resolution,
and carried by the following recorded vote:
AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix
NAYS: None
~ Reauest from Roanoke Valley Resource Authoritv for
SUDDort for Financial Assurance ExemDtion for
PUbliclY OWned Landfills (Diane Hvatt, Director of
Finance)
R-22393-2
Ms. Hyatt advised that under current regulations,
landfills in operation after April 9, 1994 must meet financial
assurance requirements which would mean setting aside up to $2
million to meet the cost of closure, post closure and correction
action. Ms. Hyatt explained that the Roanoke Valley Resource
Authority plans to accumulate these reserves over time, but the
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February 23, 1993
104
deadline would force the Authority to have these funds available
by the April 9, 1994 deadline. staff recommended that the Board
adopt a resolution supporting the exemption of publicity owned
landfills.
Supervisor Nickens moved to adopt the resolution. The
motion carried by the following recorded vote:
AYES:
Supervisors Johnson, KOhinke, Eddy, Nickens, Minnix
NAYS:
None
RESOLUTION 22393-2 SUPPORTING FEDERAL
LEGISLATION TO RESTORE THE FINANCIAL
ASSURANCE EXEMPTION TO PUBLICLY OWNED SOLID
WASTE LANDFILLS.
WHEREAS, on October 9, 1991, the U. S. Environmental
Protection Agency promulgated new regulations, pursuant to
Subtitle D of the Federal Resource Conservation and Recovery Act,
which established stringent standards for the location, design
and operation of solid waste landfills; and,
WHEREAS, most of the Federal Subtitle D regulations, which
were developed over a period of seven years, become effective on
October 9, 1993; and,
WHEREAS, financial assurance requirements will require local
governments to demonstrate the ability to meet the financial
costs of closure, 30 year post-closure monitoring, and corrective
action; and,
WHEREAS, financiál assurance requirements are expected to
impose upon local governments extreme and unnecessary financial
burdens; and,
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February 23, 1993
WHEREAS, local governments will require additional time to
develop strategies for meeting financial assurance requirements;
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors
of Roanoke County, Virginia, that this Board formally supports
adoption by the United States Congress of legislation that would
restore the exemption to solid waste landfills owned by public
entities, such as the Roanoke Valley Resource Authority, in
demonstrating financial assurance.
BE IT FURTHER RESOLVED that the Clerk of. the Board is
directed to forward an attested copy of this resolution to the
Honorable John Warner and the Honorable Charles Robb, United
States Senators, and the Honorable Robert Goodlatte, Member,
Uni ted States House of Representati ves and the Honorable Rick
Boucher, Member, united States Congress.
On motion of supervisor Nickens to adopt the resolution, and
carried by the following recorded vote:
AYES: Supervisors Johnson, KOhinke, Eddy, Nickens, Minnix
NAYS: None
h Reauest to AdoDt List of Primary and Interstate
Proiects for the VDOT six Year ImDrovement
Proqram. (Arnold Covey, Director of Enqineerinq ,
InsDections)
R-22393-3
County Administrator Elmer Hodge advised that the Board
needs to adopt a list of Interstate and Primary Projects to
present to the' Virginia Department of Transportation Board
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February 23, 1993 1 0 6
Preallocation Hearing on March 16, 1993. He reported that the
following projects are presently on the six Year Improvement
Program and require additional allocation of funds: (1)
Increased travel lanes at Route I-81 and an additional
interchange between Wildwood Road and Dixie Caverns; (2)
Improvements to Brambleton Avenue (Route 221); (3) Widening of
Route 11 (Williamson Road); (4) Improvements to Alternate Route
220 (Route 604).
Mr. Hodge explained that the County is requesting the
addition of four projects to the six Year Plan. They are: (1)
widening of Route 11 (Williamson Road) . from the City Corporate
Limits north to Route 117; (2) Route 11/460 (West Main street) to
the existing four lane section at Route 647; (3) Route 115
(Plantation Road) from Route 11 to Interstate 81ì and (4) Route
220 South (Franklin Road) from the City Limits to the Franklin
County Line.
Jeff Echols, Resident Engineer with the Virginia Department
of Transportation, described the progress on the projects already
listed on the Six Year Plan.
Supervisor Nickens moved to approve the list and adopt
the resolution.
The motion carried by the following recorded
vote:
AYES:
Supervisors Johnson, KOhinke, Eddy, Nickens, Minnix
NAYS:
None
RESOLUTION 22393-3 REQUESTING VDOT TO ADOPT A
RECOMMENDED LIST OF THE PRIMARY AND
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February 23, 1993
INTERSTATE PROJECTS
IMPROVEMENT PROGRAM
FOR
THE
SIX
YEAR
WHEREAS,
six Year
the
the
is
Improvement
Program
Commonweal th Transportation Board's plan for identifying funds
anticipated to be available for highway and other forms of
transportation construction for distribution in the 1993-98 plan;
and
WHEREAS, this program is updated annually to assist in the
allocation of federal and state funds for interstate, primary,
and secondary roads.
BE IT RESOLVED by the Board of Supervisors of Roanoke
. County, Virginia, that the following is a list of the recommended
Primary and Interstate Projects for inclusion by the Virginia
Department of Transportation six Year Improvement Program for the
1993-94 Fiscal Year:
1.
improvement of all interchanges and
Route I-81
investigation of the possibility of constructing an additional
interchange between Wildwood Road (Route 619) and the interchange
at Dixie Caverns (Route 460).
2.
Route 221
(Brambleton Avenue)
continuation of
improvements to Route 221 from Crystal Creek Road to Route 752
(Old Mill Road) for a distance of approximately 2.3 miles.
3. Route 11 (Williamson Road) - the widening of Route 11
north of Route 115 approximately 0.9 miles to the existing four
lane section.
4 . Al terna te
Route
(Route
220
improvements
604)
to
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February 23, 1993
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Alternate Route 220.
5. Route 11 (Williamson Road) - the widening of Route 11
from the Roanoke City Corporate limits north to Route 117 to
include improvements to the existing bridge structure over
Carvins Creek and the realignment of Florist Road to Route 11.
6. Route 11/460 (West Main street) - continuation of the
four laning of Route 11 to the existing four lane section of
Route 647 (Dow Hollow Road).
7. Route 115 (Plantation Road) - continuation of improve-
ments south to the Roanoke City Limits to the four lane section
of Plantation Road or, in the alternative, consideration of the
construction of a segment between the Roanoke City limits and
Hershberger Road.
8. Route 220 South (Franklin Road) - improvement of Route
220 south from the Roanoke City limits in Roanoke County to the
Franklin County line.
On motion of Supervisor Nickens to approve the list and
adopt the resolution, and carried by the following recorded vote:
AYES:
NAYS:
Supervisors Johnson, KOhinke, Eddy, Nickens, Minnix
None
h AcceDtance of Three Grants from the Division of
Motor Vehicles for Police DeDartment Traininq and
EauiDment. (John Cease, Police Chief)
A-22393-4
Chief Cease advised that the Police Department has
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February 23, 1993
received three grants from the Department of Motor Vehicles to
purchase a KR-10 Moving Radar Unit, three alco sensor units and
to cover tuition for police officer driver training. The total
amount of the grants is $3500 and no local funding was required.
Supervisor Nickens moved to accept the grants. The
motion carried by the following recorded vote:
AYES: Supervisors Johnson, KOhinke, Eddy, Nickens, Minnix
NAYS: None
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Reauest from School Board for ADDroDriation of U.
S. DeDartment of Education Fundinq to the School
Grant Fund for the Roanoke Area Tech PreD
Consortium. (Garland Kidd, Director of Vocational
, Adult Education.)
A-22393-S
Mr. Kidd introduced Dr. Ben Helmendollar who is
involved in the Roanoke Area Tech Prep Consortium. Mr. Kidd
advised that the grant is in the amount of $55,000 and will be
used to evaluate the consortium.
Supervisor Johnson moved to approve the request. The
motion carried by the following recorded vote:
AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix
NAYS: None
L.
Reauest from the Sheriff's Office to Transfer
Funds for Purchase of ReDlacement Vehicles and
Personal ComDuter. (Gerald Holt, Sheriff)
A-22393-6
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February 23, 1993
110'
Sheriff Holt reported that he would like to reallocate
$28,107 in surplus revenue from forfeited drug money, the Prison
Work Release Program and Inmate Telephone service to purchase two
replacement prisoner vehicles and a new personal computer for the
Work Release Program.
Supervisor Nickens moved to approve the request. The
motion carried by the following recorded vote:
AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix
NAYS: None
IN RE: REQUESTS FOR WORK SESSIONS
~ Reauest for a March 9 Work Session with the
Planninq Commission to Discuss Alternative
Discharqinq Sewaqe Systems.
Supervisor Nickens moved to approve a work session for
March 9, 1993. Supervisor Eddy suggested that the work session
with the Planning Commission also include a discussion of goals
and plans for 1993. The motion carried by the following recorded
vote:
AYES:
NAYS:
Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix
None
IN RE:
REQUEST FOR PUBLIC HEARING AND FIRST READING OF
REZONING ORDINANCES - CONSENT AGENDA
Supervisor Kohinke moved to approve the first reading
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February 23, 1993
and set the public hearing for March 23, 1993. The motion
carried by the following recorded vote:
AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix
NAYS: None
~ Ordinance Authorizinq a SDecial Use Permit to
Construct a Private stable on a Portion of a 10.5
Acre Parcel, located at 4712 Keaqy Road, Windsor
Hills Maqisterial District, UDon the Petition of
Nelson B. and Brenda Z. Greene.
L.
Ordinance Authorizinq a SDecial Use Permit to
Erect a self-supDortinq Communication Tower on a
Portion of a 718.72 Acre Parcel, Located
A~Droximatelv One Mile Southwest of the
Intersection of Indian Grave Road and U. S. 220,
Cave SDrinq Maqisterial District, UDon the
Petition of Cellular One.
IN RE:
FIRST READING OF ORDINANCES
~ Ordinance Authorizinq Conveyance of a 0.492 Acre
Tract of Land at ValleVDointe to Linqerfelt
Development CorDoration. (Tim Gubala, Economic
DeveloDment Director)
Mr. Gubala reported that Lingerfelt Development
Corporation has offered to purchase the property for $14,990, and
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February 23, 1993
112
that it will be used as a stormwater management area for the
offices of the Jefferson National Forest.
Supervisor Johnson moved to appro~e the first reading.
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The motion carried by the following recorded vote:
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AYES:
Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix
NAYS:
None
~ Ordinance Authorizinq the Financinq of Certain
County Facilities. (Diane Hvatt, Finance Director)
Ms. Hyatt advised that in order to complete the
financing for the Travelers Building, it is necessary to adopt an
ordinance which approves the financing and lease documents
related to the transaction. She reported that the Industrial
Development Authority took similar action.
In response to a
question from Supervisor Eddy, Ms. Pyatt explained that the
County will buy the building and lease it to the Industrial
Development Authority who will then lease the property back to
the County. The County will pay rent to the IDA.
Supervisor Kohinke moved to approve the first reading.
The motion carried by the following recorded vote:
AYES: Supervisors KOhinke, Nickens, Minnix
NAYS: None
ABSTAIN: Supervisor Johnson, Eddy
IN RE: CONSENT AGENDA
R-22393-7
Supervisor Kohinke moved to approve the Consent
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February 23, 1993
Resolution. The motion carried by the following recorded vote:
AYES:
Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix
NAYS:
None
RESOLUTION 22393-7 APPROVING AND CONCURRING
IN CERTAIN ITEMS SET FORTH ON THE BOARD OF
SUPERVISORS AGENDA FOR THIS DATE DESIGNATED
AS ITEM K - 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 February 23, 1993 designated as Item K-
Consent Agenda be, and hereby is, approved and concurred in as to
each item separately set forth in said section designated Items 1
through 6, inclusive, as follows:
1. Confirmation of Committee Appointment to the
League of Older Americans Advisory Council.
2. Acceptance of Water and Sanitary Sewer Facilities
Serving Kingston Court, Section 5.
3. Acceptance of Sanitary Sewer Facilities Serving
Hunting Hills section 25.
4. Authorization to Pay Legal Fees for Litigation
with Grumman Emergency Products.
5. Acceptance of Water and Sanitary Sewer Facilities
Serving Barrens Village, Sections 1, 2 and 3.
6. Approval of a Raffle Permit for the Roanoke County
Occupational School PTA.
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.
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February 23, 1993
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On motion of Supervisor Kohinke to adopt the Consent
Resolution, and carried by the following recorded vote:
AYES:
NAYS:
Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix
None
IN RE:
REPORTS AND INQUIRIES OF BOARD MEMBERS
Supervisor Johnson:
(1 ) received a letter regarding the
lack of regional coopera~ive efforts, and asked that staff
respond outlining the many cooperative efforts that are currently
underway. Mr. Hodge and Chairman Minnix will prepare a response.
Supervisor Kohinke:
(1) Thanked Chief Tommy Fuqua for a
tour of the communications center.
(2) Asked Chief Fuqua to
report on County assistance at the Stanley Furniture Fire in
Henry County.
Chief Fuqua reported that 50 volunteers and 4
career employees were involved.
Supervisor Eddy: (1) Advised that he also received a letter
like Supervisor Johnson's and this may be in response to a letter
that Supervisor Eddy sent to the individual. (2) Asked staff if
there would be a report back on efforts towards regional economic
development. Mr. Hodge advised that the report is now in draft
form. (3) Thanked Mr. Mahoney for his work on the beaver dam
problem on Bent Mountain. (4) Asked for the status of the water
wells at Forest Edge. Mr. Hodge will check and report back. (5)
Asked about the private SSE/R program enforcement procedures.
Mr. Hodge advised that this will be brought back either March 9,
1993 or March 23, 1993. (6) Asked when the zoning notification
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February 23, 1993
process would begin.
Mr. Hodge advised that the program is on
hold because of the parkway study. It was the general consensus
of the Board not to pursue sending notification.
(7) Commended
the staff on the use of the character generator on cable TV. (8)
Gave the Board members a copy of an article on the town meeting
concept.
Supervisor Minnix: He received a letter from a citizen who
had his water turned off in error. He asked that staff reexamine
the procedures used prior to turning off water for nonpayment of
utility bills.
IN RE:
REPORTS
Supervisor Nickens moved to receive and file the
following reports after a discussion of Items 5 and 8. The
motion carried by a unanimous voice vote.
~ General Fund UnapDroDriated Balance
L. CaDita1 Fund UnapDroDriated Balance
~ Board Continqencv Fund
h Statement of Revenues and EX1)enditures as of
Januarv 31, 1993.
h ReDort on the 1991 Water Pro;ects.
.L.. ReDort on the Roanoke Valley Resource Authori tv
Solid Waste Facilities.
L. Re~ort on Bond Proiects.
L.
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1992 Economic Activitv ReDort
IN RE:
BUDGET WORK SESSION
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February 23, 1993
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The following issues were discussed at the budget work
session.
~ Increased fees for adult recreation: It was the Board's
consensus not to study this issue further at this time.
h
Recvclinq expansion:
Mr. Hodge advised that the 1993
state mandate was met, and that the Roanoke Valley Resource
Authority will be looking at expansion of the recycling program
whun the new landfill is complete.
~ Transient occupancy tax: Mr. Hodge announced that this
bill had been signed by Governor Wilder, and he will bring
suggested uses of the revenue to the Board dur ing the budget
process.
h Tax relief for disabled veterans: There was Board
consensus to reduce the personal property tax for disabled
veterans by 50%.
~ Increase method of assessinq machinery and tools tax:
Mr. Hodge will invite Wayne compton to attend the next work
session to discuss the machinery and tools tax. Staff will bring
figures on potential additional revenue.
h
Reinventinq Government:
Mr. Hodge advised that many
ideas recommended in the book, Reinventinq Government are
currently being implemented in the team process.
Supervisor Minnix asked that future budget work sessions be
limited to 20 - 30 minútes.
Supervisor Nickens asked that in the future the Clerk to the
Board prepare a checklist of items that have been requested by
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February 23, 1993
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Board members that states what action was taken. -
IN RE:
EXECUTIVE SESSION
At 5: 15 p.m., Supervisor Nickens moved to go into
Executive Session pursuant to the Code of Virginia Section 2.1-
344 A (7) To discuss legal matter and briefings by staff members
concerning negotiations wi th an economic development prospect.
The motion carried by the following recorded vote:
AYES:
Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix
NAYS:
None
IN RE: CERTIFICATION OF EXECUTIVE SESSION
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R-22393-8
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, Eddy, Nickens, Minnix
NAYS:
None
RESOLUTION 22393-8 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
WHER~S, Section 2.1-344.1 of the Code of Virginia
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requires a certification by the Board of Supervisors of Roanoke
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February 23, 1993
11 8
County, Virginia, that such executive meeting was conducted in
conformity with Virginia law.
NOW, THEREFORE, BE IT RESOLVED, that the Board of
Supervisors of Roanoke County, Virginia, hereby certifies that,
to the best of each members knowledge:
1. Only public business matters lawfully exempted from
open meeting requirements by Virginia law were discussed in the
executive meeting which this certification resolution applies,
and
2. Only such public business matters as were
identified in the motion convening the executive meeting were
heard, discussed or considered by the Board of Supervisors of
Roanoke County, Virginia.
On motion of Supervisor Johnson to adopt the Certification
Resolution, and carried by the following recorded vote:
AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix
NAYS: None
IN RE:
PUBLIC HEARINGS
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PUblic Hearinq for the Consideration of
Acauisition bv Condemnation of Easements Across
ProDertv OWned bv G. H. Board, Georqe D. PeoDles,
Deborah S. PeoDles, and Acauisition of ProDertv
OWned bv Michael J. Gordon. (Paul Mahoney, County
Attorney)
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February 23, 1993
Mr. Mahoney introduced william B. Hopkins, Jr. who has
been hired as outside counsel for these matters. Mr. Hopkins
advised that an offer had been made to G. H. Board of $562 for an
easement through his property. The offer was declined and no
counter-offer has been received. An independent appraisal of the
property was obtained at $562.00 The County has made an offer of
$1,500.00 to Mr. and Mrs. George Peoples for an easement through
their property, with an independent appraisa~ of $1,465.00. The
County offered Michael J. Gordon $575.00 for his property and Mr.
Gordon has made a verbal counter-offer of $5,000. The
independent appraisal for this property is $575.00. Mr. Hopkins
recommended adoption of a resolution authorizing the acquisition
and immediate right of entry to the subject properties by eminent
domain.
Supervisor Nickens moved to approve but withdrew his
motion to allow citizen comment.
Several Board members suggested further negotiations
with the property owners. Mr. Mahoney advised that there will be
between 200 to 240 easements related to the water transmission
lines, and these are only the first ones. He estimated that
there will probably be 40 more condemnations.
Michael Gordon, P. O. Box 221, Bent Mountain stated he
was willing to sell his property to the County for what he felt
was the fair market value. In response to a question from
Supervisor Johnson, he stated he was aware that the property
could not be built on. He advised he had invested about $600
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February 23, 1993
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into the property.
George Peoples, 6019 Steeplechase, expressed concern
about the County taking down his fences where he raises llamas
because this would be done during their "birthing" season. He
would have to put them in trailers at considerable expense. He
did not feel there had been adequate negotiation for the
easement.
Superv isor Nickens moved to pay each property owner
$5,000 to cover the hardship, etc, but withdrew his motion after
discussion.
utility Director Cliff Craig advised that staff had met
several times to discuss the Board property, the Peoples property
and the Gordon property. He advised Mrs. People that staff would
fix ~he fence and had agreed to all of Mrs. People's requests.
Supervisor Nickens moved to continue the matter until
March 9, 1993 to allow the attorney to negotiate further with the
property owners. The motion carried by the following recorded
vote:
AYES:
NAYS:
Supervisors Johnson, KOhinke, Eddy, Nickens, Minnix
None
Supervisor Nickens moved to go into Executive Session
following the evening session pursuant to Section 2.1-344 (a) (7)
to discuss a legal matter. The motion carried by the following
recorded vote:
AYES:
NAYS:
Supervisors JOhnson, Eddy, Nickens, Minnix
Supervisor Kohinke
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February 23, 1993
IN RE:
PUBLIC HEARING AND FIRST READING OF ORDINANCES
~ Public Hearinq to Declare Certain ProDerties to be
SurD Ius and to Authorize the Sale of said
ProDerties: Summerdean Lot A and Brooklawn, Well
Lot. (Paul Mahonev, County Attorney)
Mr. Mahoney reported that the Board authorized staff to
dispose of certain surplus county property. Offers have been
~eceived and first re~ding of the ordinance will allow new offers
prior to the second reading.
Supervisor Kohinke moved to approve the first reading
and set the second reading for March 9, 1993. The motion carried
by the following recorded vote:
AYES: Supervisors Johnson, KOhinke, Eddy, Nickens, Minnix
NAYS: None
L. Ordinance to Vacate a 10 Foot bv 24 Foot Waterline
Easement Located on Common ProDertv Line of Lots
37 and 38, Huntinq Hills Place, Section 3
Subdivision, Located in the Cave SDrinq
Maqisterial District. (Arnold Covey, Director of
Enqineerinq , InsDections)
There was no discussion and no citizens spoke.
Supervisor Nickens moved to approve the first reading and set the
second reading for March 9. The motion carried by the following
recorded vote:
AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix
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February 23, 1993
122
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NAYS:
None
IN RE:
PUBLIC HEARING AND SECOND READING OF ORDINANCES
~ An Ordinance to Rezone 0.206 Acre from C-2 to C-1
to Construct a Medical Office, Located at the
Northwest Corner of Brambleton Avenue and Pleasant
Hill Drive, Windsor Hills Magisterial District,
UDon the Petition of Jackson Associates, Ltd. of
Virqinia CorD. (Terrv Harrinqton, Director of
Planninq , Zoninq)
0-22393-9
Mr. Harrington advised that in 1988, the property was
II rezoned from B-1 to B-2 to accommodate a convenience store. The
rezoning had conditions including 't;he prohibition of a clinic.
The site was used for a small convenience store until Brambleton
Avenue was widened. The petitioner is requesting rezoning to C-1
to allow construction of a medical office building. The Planning
Commission recommended approval with no conditions.
Supervisor Eddy moved to adopt the ordinance. The
motion carried by the following recorded vote:
AYES:
Supervisors Johnson, KOhinke, Eddy, Nickens, Minnix
NAYS:
None
I
ORDINANCE 22393-9 TO CHANGE THE ZONING CLASSIFICATION
OF A 0.206 ACRE TRACT OF REAL ESTATE LOCATED AT THE
NORTHWEST CORNER OF BRAMBLETON AVENUE AND PLEASANT HILL
DRIVE (TAX MAP NO. 86.08-4-11) IN THE WINDSOR HILLS
MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF
C-2 TO THE ZONING CLASSIFICATION OF C-1 UPON THE
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February 23, 1993
~
APPLICATION OF JACKSON ASSOCIATES, LTD. OF VIRGINIA
CORP.
WHEREAS, the first reading of this ordinance was held on
January 23, 1993, and the second reading and public hearing was
held February 23, 1993; and,
WHEREAS, the Roanoke County Planning Commission held a
public hearing on this matter on February 2, 1993; 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 0.206 acre, as described herein, and
I
located at the northwest corner of Brambleton Avenue and Pleasant
Hill Drive, (Tax Map Number 86.08-4-11) in the Windsor Hills
Magisterial District,
is hereby changed from the zoning
classification of C-2, General Commercial District, to the zoning
classification of C-1, Office District.
2. That this action is taken upon the application of
Jackson Associates, Ltd. of Virginia Corp.
3. That said real estate is more fully described as
follows:
BEGINNING at an iron pin on the north right-of-way of
Pleasant Hill Drive said point also being the southeast
corner of Lot 1,8 , Block 1, Section 1, Kingston Curt,
recorded in Plat Book 11, page 43 at the Clerk's Office of I
the Circuit Court of Roanoke County; thence with said Lot
18, N. 27 deg. 17' 27" E. 224.29 feet to an iron pin; thence
leaving Lot 18 and with the property of Springwood
Associates (DB 1272, page 1025) S. 64 deg. 27' 23" E. 39.81
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February 23, 1993
124
feet to an iron pin on the northwest right-of-way of
Brambleton Avenue (US 221); thence leaving Springwood
Associates property and with the northwest right-of-way of
Brambleton Avenue S. 26 deg. 33' 41" W. 198.16 feet to an
iron pin; thence continuing with said right-of-way S. 66
deg. 49' 04" W. 35.99 feet to an iron pin on the north
right-of-way of Pleasant Hill Drive; thence leaving
Brambleton Avenue and with the north right-of-way of
Pleasant Hill Drive N. 61 deg. 32' 07" W. 19.41 feet to the
point and place of BEGINNING and being 0.206 acre as more
particularly shown on that certain plat prepared by Lumsden
Associates, P.C., dated May 31, 1991, title "Plat Showing
Property (0.206 Ac.) of Jackson Associates, Ltd. of Virginia
Corp.
4. That this ordinance shall be in full force and effect
thirty (30) days after its final passage.
All ordinances or
parts of ordinances in conflict' with the provisions of this
ordinance be, and the same hereby are, repealed.
The Zoning
Administrator is directed to amend the zoning district map to
reflect the change in zoning classification authorized by this
ordinance.
On motion of Supervisor Eddy to adopt the ordinance, and
carried by the following recorded vote:
AYES:
Supervisors Johnson, KOhinke, Eddy, Nickens, Minnix
NAYS:
None
~ Ordinance Vacatinq a SO-Foot UnimDroved PaDer
street Referred to as Loman Drive and Shown on the
MaD of North Burlinqton Heiqhts, Section 1, UDon
the Petition of Fred Holdren.
(Arnold Covey,
Director of Enqineerinq , InsDections)
(CONTINUED
FROM JANUARY 23, 1993.)
Supervisor Johnson moved to continue this item until
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February 23, 1993
~
March 9, 1993 in order for the agreement to be completed and
signed. The motion carried by the following recorded vote:
AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix
NAYS: None
IN RE: EXECUTIVE SESSION
At 8: 00 p.m., Supervisor Nickens moved to go into
Executive Session pursuant to the Code of Virginia Section 2.1-
344 A (7) To discuss legal matter and briefings by staff members
concerning negotiations with an economic development prospect.
The motion carried by the following recorded vote:
AYES:
Supervisors Johnson, Kohinke, Eddy, Nièkens, Minnix
I
"NAYS:
None
IN RE:
CERTIFICATION OF EXECUTIVE SESSION
R-22393-10
At 8: 20 p. m., Supervisor Johnson moved to return to
open session and adopt the Certification Resolution. The motion
carried by the following recorded vote:
AYES:
Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix
NAYS:
None
RESOLUTION 22393-10 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 II
to an affirmative recorded vote and in accordance with the
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February 23, 1993
126
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
II 2. Only such public business matters as were
identified in the motion convening the executive meeting were
heard, discussed or considered by the Board of Supervisors of
Roanoke County, Virginia.
On motion of Supervisor Johnson to adopt the Certification
Resolution, and carried by the following recorded vote:
AYES: Supervisors Johnson, KOhinke, Eddy, Nickens, Minnix
NAYS: None
I
IN RE:
ADJOURNMENT
At 8:21 p.m., Supervisor Nickens moved to adjourn. The
motion carried ~y a unanimous voice vote.
H.
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