HomeMy WebLinkAbout2/22/1994 - Regular
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February 22, 1994
91
Roanoke County Board of Supervisors
Roanoke County Administration Center
5204 Bernard Drive, s.w.
Roanoke, Virginia 24018
February 22, 1994
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, 1994.
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IN RE:
CALL TO ORDER
Chairman Eddy called the meeting to order at 3:05 p.m. 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, Harry C. Nickens
MEMBERS ABSENT:
None
STAFF PRESENT:
Elmer C. Hodge, County Administrator; Paul M.
Mahoney, County Attorney; Mary\ H. Allen, Clerk;
John M. Chambliss, Assistant County Administrator;
Don C. Myers, Assistant County Administrator;
Anne Marie Green, Director, Community Relations
IN RE:
OPENING CEREMONIES
The invocation was given by Dr. Michael Nevling,
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Colonial Presbyterian Church.
recited by all present.
The Pledge of Allegiance was
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February 22, 1994
IN RE:' REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF
AGENDA ITEMS
Chairman Eddy added the following items to the
Executive Session: (a) To discuss the disposition of real
property for public utility purposes, water transmission; and (b)
to discuss the acquisition of real estate on behalf of the IDA
and legal matters requiring the provision of legal advice.
Supervisor Johnson advised that action is anticipated
following the Executive Session.
PRESENTATIONS
~ Presentation on the New Century Council and Vision
2000 Process. (Beverlv T. FitzDatrick. Jr..
Director and Tom Robertson.Co-chair)
Mr. Robertson provided background information. on the
New Century Council and how the vision process was developed.
The project began with five planning sessions which were
presented in the Roanoke Valley and New River Valley at public
hearings. Mr. Fitzpatrick presented a written report on the New
Century Council and described their mission which is to
facilitate a strategic plan for the New River Valley and Roanoke
Valley.
IN RE:
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Presentation on the 1991 water proiect (Clifford
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February 22, 1994
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Craiq. utility Director)
The presentation was made by utility Director Cliff
Craig, John Bradshaw, from Hayes, Seay, Mattern & Mattern, Inc.,
and Ted Petoski, Project Manager. Mr. Craig announced that they
will begin pumping water into the reservoir on March 4 at 10:00
a.m. He invited the supervisors to attend the event.
IN RE: NEW BUSINESS
~ ReDort and Recommendation on Storm Related Damaqe
to County Facilities. (Elmer C. Hodge. County
Administrator)
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Mr. Hodge reported that as a result of the recent ice
storm, the County has experienced unanticipated expenses of
$67,013.
There is also a need for repairs to roofs at some
County buildings, and there may be additional overtime costs to
collect bulk and brush. He advised that he would bring back a
report and request for funding on March 8, 1994. The report will
also include costs for roof repairs to the schools.
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Request
from
the
Roanoke
Reqional
AirDort
Commission for ADDroval of the 1994-95 BUdqet and
ProDosed ca~i tal EJq)endi tures.
(Diane Hyatt.
Director of Finance)
R-22294-1
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Ms. Hyatt advised that the Regional Airport Commission
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is requ1red to submit their budget to the Roanoke County Board of
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February 22, 1994
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Supervisors and Roanoke city Council for approval before it can
be adopted. The 1994-95 budget shows revenues of $4,695,695 and
expenditures of $4,269,070.
The capital expenditure program
totals $630,000.
Supervisor Minnix moved to adopt the resolution
approving the 1994-94 Roanoke Regional Airport budget. The
motion carried by the following recorded vote:
AYES:
Supervisors Johnson, KOhinke, Minnix, Nickens, Eddy
NAYS:
None
RESOLUTION 22294-1 APPROVING THE
AIRPORT COMMISSION BUDGET FOR FY
CERTAIN TERMS AND CONDITIONS
ROANOKE REGIONAL
1994-1995, UPON
WHEREAS, Section 24.B of the Roanoke Regional Airport
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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
WHEREAS, by report dated February 9, 1994, 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 1994-1995 budget of the
Roanoke Regional Airport Commission.
THEREFORE, BE IT RESOLVED by the Board of Supervisors
of Roanoke County, Virginia that the FY 1994-1995 budget and I
proposed capital expenditures for the Roanoke Regional Airport
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February 22, 1994
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commission as set forth in the February 9, 1994, 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, respecti vely, on
behalf of the County, any documentation, in form approved by the
County Attorney, necessary to evidence said approval.
On motion of Supervisor Minnix to adopt the resolution,
and carried by the following recorded vote:
AYES: Supervisors Johnson, KOhinke, Minnix, Nickens, Eddy
NAYS: None
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Request for Authorization to Award a Construction
Contract for the Hollins/North County Library
EXDansion and Renovation. (SDencer Watts. Library
Director)
A-22294-2
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Mr. Watts advised that sealed bids for the
Hollins/North County Library project were opened on January 18.
Lucas Construction submitted the low bid, and based on reviews by
Procurement, the Architect and subcontractors, the project should
be awarded to them. The bid of $931,875 is within the budgeted
amount. Mr. Watts recommended that the County Administrator be
authorized to execute the construction contract to Lucas
Construction.
Supervisor Johnson moved to award the contract to Lucas
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February 22, 1994
Construction for $931,875.
The motion carried by the following
recorded vote:
AYES:
Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy
NAYS:
None
h Request to Transfer Funds for Southwest County:
Park Proiects. (Pete HaisliD. Director of Parks
and Recreation)
A-22294-3
Mr. Haislip advised that the 1992 Bond Referendum
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allocated $236,000 to the Windsor Hills District to light two
ballfields at Garst Mill Park and purchase park land to develop
two new fields. A group of residents requested the reallocation
of these fields to complete the Merriman Soccer Complex and to
make additional improvements to Starkey Park. Staff conducted an
analysis of current and future athletic field needs for Southwest
County, and recommended that the funds be reallocated to Merriman
Soccer Complex, Starkey Park, Garst Mill Improvements and two new
T-ball fields.
Staff also recommended that the existing lease
with Valley Soccer Club be renegotiated to give the County more
control of its use.
Supervisor Eddy moved to transfer~$236,000 within the
Windsor Hills Ðistrict at the discretion of the staff with the
exception that $35,000 would be appropriated for improvements to
Garst Mill Park, and that the County Attorney is to bring back a
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February 22, 1994
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Commission as set forth in the February 9, 1994, 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 Minnix to adopt the resolution,
and carried by the following recorded vote:
AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy
NAYS: None
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Request for Authorization to Award a Construction
Contract for the Hollins/North County Library
EXDansion and Renovation. (SDencer Watts. Librarv
Director)
A-22294-2
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Mr. Watts advised that sealed bids for the
Hollins/North County Library project were opened on January 18.
Lucas Construction submitted the low bid, and based on reviews by
Procurement, the Architect and subcontractors, the project should
be awarded to them. The bid of $931,875 is within the budgeted
amount. Mr. Watts recommended that the County Administrator be
authorized to execute the construction contract to Lucas
Construction.
Supervisor Johnson moved to award the contract to Lucas
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February 22, 1994
Construction for $931,875. The motion carried by the following
recorded vote:~
AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy
NAYS: None
h Request to Transfer Funds for Southwest County
Park Proiects. (Pete HaisliD. Director of Parks
and Recreation)
A-22294-3
Mr. Haislip advised that the 1992 Bond Referendum
allocated $236,000 to the Windsor Hills District to light two
ballfields at Garst Mill Park and purchase park land to develop
two new fields. A group of residents requested the reallocation
of these funds to complete the Merriman Soccer Complex and to
make additional improvements to Starkey Park. staff conducted an
analysis of current and future athletic field needs for Southwest
County, and recommended that the funds be reallocated to Merriman
Soccer Complex, Starkey Park, Garst Mill Improvements and two new
T-ball fields. staff also recommended that the existing lease
with Valley Soccer Club be renegotiated to give the County more
control of its use.
Supervisor Eddy moved to transfer $236,000 within the
Windsor Hills District at the discretion of the staff with the
exception that $35,000 would be appropriated for improvements to
Garst Mill Park, and that the County Attorney is to bring back a
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February 22, 1994
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renegotiated contract with Valley Soccer Club for use of the
Merriman Fields.
The motion carried by the following recorded
vote:
AYES:
Supervisors Johnson, KOhinke, Minnix, Nickens, Eddy
NAYS:
None
IN RE:
REQUEST FOR PUBLIC HEARING AND FIRST READING OF
REZONING ORDINANCES - CONSENT AGENDA
Supervisor Nickens moved to approve the first readings
of the ordinances, and set the second readings for March 22,
1994. The motion carried by the following recorded vote:
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AYES:
Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy
NAYS:
None
~ Ordinance authorizinq a SDecial Use Permit to
ODerate a Convenience Store. Located at the Corner
of Route 419 and Brambleton Avenue in the Cave
SDrinq Maqisterial District UDon the Petition of
Workman oil ComDany.
~ Ordinance to Rezone 3.6 Acres from R-1 to X-1 in
Order to Correct a Zoninq MaD Error and Brinq an
Existinq Use into Zoninq Conformity. Located at
8223 Reservoir Road in the Hollins Maqisterial
District (Tax MaD Numbers 27.08-3-1. -2. -3. -4. -
5. and -6) UDon the Petition of the Roanoke County
Planninq Commission.
IN RE:
FIRST READING OF ORDINANCES
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Ordinance Authorizinq the Tem~orarY Relocation of
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the POllinq Place for the Hollins votinq Precinct
from the Hollins Library to the North Roanoke
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February 22, 1994
BaDtist Church. (Paul Mahoney. County Attorney)
There was no discussion and no one present to speak.
Supervisor Johnson moved to approve the first reading, and set
the second reading and public hearing for March 8, 1994. The
motion carried by the following recorded vote:
AYES:
Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy
NAYS:
None
IN RE:
SECOND READING OF ORDINANCES
~ Ordinance Authorizinq Conveyance of an Easement to
ADDalachian Power COmDany for Electric Service
Across starkey Park.
(John Chambliss. Assistant
County Administrator)
0-22294-4
There was no discussion and no one was present to
speak.
Supervisor Nickens moved to adopt the ordinance.
The
motion carried by the following recorded vote:
AYES:
Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy
NAYS:
None
ORDINANCE 22294-4 AUTHORIZING CONVEYANCE OF AN EASEMENT
TO APPALACHIAN POWER COMPANY FOR ELECTRIC SERVICE
ACROSS STARKEY PARK PROPERTY OWNED BY THE BOARD OF
SUPERVISORS
WHEREAS, the County of Roanoke Department of Parks and
Recreation is lighting the baseball field and related facilities
on the property owned by the Roanoke county Board of Supervisors,
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February 22, 1994
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located along Virginia Route No. 897 (Crystal Creek Drive) in the
Cave Spring Magisterial District of the County of Roanoke, known
as Starkey Park; and,
WHEREAS, Appalachian Power Company (APCO) requires a
right of way for an overhead and underground line across Starkey
Park to provide electric service for lighting the baseball field,
as shown on APCO Drawing No. R-3021, dated November 29, 1993,
and,
WHEREAS, the proposed right of way will serve the
interests of the public and is necessary for the public health,
safety, and welfare of citizens of the County of Roanoke.
THEREFORE, BE IT ORDAINED by the Board of Supervisors
of Roanoke County, Virginia, as follows:
1. That pursuant to the provisions of Section 18.04
of the Roanoke County Charter, the acquisition and disposition of
real estate can be authorized only by ordinance. A first
reading of this ordinance was held on February 8, 1994; and a
second reading was held on February 22, 1994.
2. That pursuant to the provisions of Section 16.01
of the Charter of Roanoke County, the interests in real estate to
be conveyed are hereby declared to be surplus, and are hereby
made available for other public uses by conveyance to Appalachian
Power Company for the provision of electrical service in
connection with Roanoke County's Starkey Park development.
3. That donation of a right-of-way, fifteen feet
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February 22, 1994
(15') in width, for an overhead and underground line (s) across
starkey Park to provide electric service for lighting the
baseball field, as shown on APCO Drawing No. R-3021, dated
November 29, 1993, to Appalachian Power Company is hereby
authorized.
4. That the County Administrator is hereby authorized
to execute such documents and take such further actions as may be
necessary to accomplish this conveyance, all of which shall be on
form approved by the County Attorney.
5. That this ordinance shall be effective on and from
the date of its adoption.
On motion of Supervisor Nickens to adopt the ordinance,
and carried by the following recorded vote:
AYES: Supervisors Johnson, KOhinke, Minnix, Nickens, Eddy
NAYS: None
IN RE: APPOINTMENTS
~ Leaque of Older Americans Advisory Council
Supervisor Eddy nominated Frances R. Holsinger to serve
another one-year term which will expire March 31, 1995.
L.. League of Older Americans Board of Directors
Supervisor Eddy nominated Murry K. White to serve
another three-year term which will expire March 31, 1997. This
nomination is contingent upon Mr. White's willingness to serve.
Clerk to the Board Mary Allen was asked to contact the League of
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February 22, 1994
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Older Americans.
IN RE:
CONSENT AGENDA
R-22494-S
Supervisor Johnson moved to adopt the resolution with
Item 7 removed.
The motion carried by the following recorded
vote:
AYES:
Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy
NAYS:
None
Regarding Item 7, a Bingo Permit for the Blue Ridge
council for the Blind, Robert Hoel, a member of the organization
advised that the Blue Ridge Council will not operate bingo games
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in Roanoke City if the permit is approved by the County.
Supervisor Johnson moved to continue this item until the issues
are resolved regarding the Commissioner of the Revenue's
recommendation to deny the permi t.
The motion carr ied by a
unanimous voice vote.
RESOLUTION 22294-5 APPROVING AND CONCURRING IN CERTAIN
ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR
THIS DATE DESIGNATED AS ITEM L - CONSENT AGENDA
BE IT RESOLVED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That the certain section of the agenda of the Board
of Supervisors for February 22, 1994, designated as Item L-
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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:
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February 22, 1994
1. Confirmation of Committee Appointments to the
Grievance Panel and the Blue Ridge Community
Services Board of Directors.
2. Acknowledgement of Acceptance of 0.28 Miles of
Setter Road and 0.06 Miles of Golden Court into
the VDOT Secóndary System.
3. Acceptance of Water and sanitary Sewer Facilities
Serving Village Lane Estates.
4. Acceptance of Water and Sanitary Sewer Facilities
Serving Hampden Hills, section 4.
5. Request from the School Board for Appropriation of
a $10,589 V-Quest Grant to the School Grant Fund.
6. Request for Approval of a 50/50 Raffle Permit for
Calendar Year 1994 for the Women of the Moose
Roanoke Chapter 1022.
7.
Rcqucot for Approvàl of a Bingo Pcrmit for the
Bluc Ridgc Council of the Blind, Inc.
That the Clerk to the Board is hereby authorized
2.
and directed where required by law to set forth upon any of said
items the separate vote tabulation for any such item pursuant to
this resolution.
On motion of Supervisor Johnson to adopt the resolution
with Item 7 removed, and carried by the following recorded vote:
AYES:
Supervisors Johnson, KOhinke, Minnix, Nickens, Eddy
NAYS:
None
On motion of Supervisor Johnson to continue Item 7
until the issues regarding denial are resolved, and carried by a
unanimous voice vote.
IN RE:
REPORTS AND INQUIRIES OF BOARD MEMBERS
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February 22, 1994
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Supervisor Nickens:
(1) He announced that the Social
Services Department had hired a Fraud Investigator. He asked Ms.
Green to handle publicity regarding the new position.
(2)
He
received a letter from Rebecca Farmer recommending that the
county sponsor a children's festival.
He asked for Board
consensus to have Parks and Recreation Director Pete Haislip
review.
(3)
He asked about plans for the Soccer fields at
Vinyard Park.
Mr. Chambliss advised that the Roanoke Valley
Soccer Association has begun development and is working with the
City on the concept plan.
Supervisor Minnix: (1) He announced that Clean Valley
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Day will be held on April 16 and volunteers are need to
participate in the cleanup.
Supervisor Eddv:
( 1)
He announced that he, Mr.
Mahoney and Mr. Hodge met with the Roanoke Valley legislators in
Richmond and attended VACO/VML Day activities. (2) He announced
that the Roanoke Valley officials had signed a joint statement of
support for the 1-73 route through the Roanoke Valley, and that
officials will be meeting with the federal congressional
delegation on Thursday, February 24, 1994, in Washington.
IN RE:
REPORTS
Supervisor Minnix moved to receive and file the
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follqwing reports with Item 9 removed for discussion later in the
meetÏng. The motion carried by a unanimous voice vote.
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February 22, 1994
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General Fund UnaDDroDriated Balance
CaDital Fund UnaDÞroDriated Balance
Board continqency Fund
statement of Revenues and EXDenditures as of
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January 31. 1994
~ Accounts Paid - January 1994
~ Bond proiect status ReDort
h ReDort on the Roanoke Valley Resource Authority;
Solid Waste Facilities
~ 1993 Economic DeveloDment Activity ReDort
~ status ReDort on RecYcling
This report was discussed in work session format during II
the evening session.
10. Summary of 1993 Roanoke county Fire and Rescue
Reaction/ResDonse Times
IN RE:
EMPLOYEE SERVICE AWARDS
Board Chairman Lee Eddy and County Administrator Elmer
Hodge presented certificates to all employees celebrating their
5, 10, 15, 20, 25, 30, and 35 year anniversaries.
IN RE: RECEPTION
At 4: 15 p. m., Chairman Eddy declared a recess for a
reception honoring the employees who received service awards.
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February 22, 1994
105
IN RE:
EXECUTIVE SESSION
At 5:00 p.m., Supervisor Johnson moved to go into
Executive Session pursuant to the Code of Virginia Section 2.1-
344 A (3) To discuss the disposition of publicly held property
located on Rutrough Road, (7) To discuss the condemnation of real
property for public utility purposes, water transmission line;
(7) to discuss the acquisition of real estate on behalf of the
IDA and legal matters requiring the provision of legal advice.
The motion carried by the following recorded vote:
AYES:
Supervisors Johnson, KOhinke, Minnix, Nickens, Eddy
NAYS:
None
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IN RE:
CERTIFICATION OF EXECUTIVE SESSION
R-22294-6
At 7:06 p.m., Supervisor Johnson moved to return to
Open Session and adopt the Certification Resolution. The motion
carried by the following recorded vote:
AYES:
Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy
NAYS:
None
RESOLUTION 22294-6 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
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to an affirmative recorded vote and in accordance with the
provisions of The Virginia Freedom of Information Act; and
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February 22, 1994
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WHEREAS, section 2.1-344.1 of the Code of Virginia
requires a certification by the Board of Supervisors of Roanoke
County, Virginia, that such executive meeting was conducted in
conformity with Virginia law.
NOW, THEREFORE, BE IT RESOLVED, that the Board of
Supervisors of Roanoke County, Virginia, hereby certifies that"
to the best of each members knowledge:
1. Only public business matters lawfully exempted from
open meeting requirements by Virginia law were discussed in the
executive meeting which this certification resolution applies,
and
2. Only such pUblic business matters as were II
identif ied in the motion convening the executive meeting were
heard, discussed or considered by the Board of Supervisors of
Roanoke County, Virginia.
On motion of Supervisor Johnson to adopt the
certification Resolution, and carried by the following recorded
vote:
AYES:
NAYS:
Supervisors Johnson, KOhinke, Minnix, Nickens, Eddy
None
IN RE: REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF
AGENDA ITEMS
Chairman Eddy added two new business items to be heard
following the public hearings.
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February 22, 1994
107
IN RE: PUBLIC HEARINGS
~ Public Hearinq to Elicit citizen Comment on the
Followinq:
h To Set a Real Estate Tax Rate of Not More
than $1.13 Der $100 Assessed valuation.
David Courey, 3419 Ashmeade Drive, Roanoke, spoke in
opposition to the increased assessment of property and suggested:
that the tax rate be decreased to $1.05.
JL. To Set a Personal ProDerty Tax Rate of Not
More than $3.50 Der $100 Assessed Valuation.
There were no citizens requesting to speak on this
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issue.
~ To Set a Machinery and Tools Tax of Not More
than $3.00 Der $100 Assessed Valuation.
There were no citizens requesting to speak on this
issue.
IN RE:
PUBLIC HEARING AND SECOND READING OF ORDINANCES
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An Ordinance to Rezone 1.5 Acres from C-2
Conditional to C-2. Located in the 6300 Block on
the South Side of Peters Creek Road. Hollins
Maqisterial District. UDon the Petition of J.
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Edward Conner and
Cunninqham. (Terry
Planninq & Zoninq)
Cary M. and
Harrinqton.
Shirley
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0-22294-7
Mr. Harrington reported that the petitioners are
requesting this rezoning to provide parking for the Kwik Kopy
Printing Center that is planned for the building on the adjacent
lot. The conditions were attached to the property when it was
rezoned in February 1989 for the purpose of building Boomer's
Restaurant. The Planning Commission recommended approval.
Supervisor Johnson moved to adopt the ordinance. The
motion carried by the following recorded vote:
AYES:
Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy
NAYS:
None
ORDINANCE 22294-7 TO CHANGE THE ZONING CLASSIFICATION
OF A 1.5 ACRE TRACT OF REAL ESTATE LOCATED ON THE SOUTH
SIDE. OF THE 6300 BLOCK OF PETERS CREEK ROAD (TAX MAP
NOS. 27.13-5-8, 9, 10, 11, 12, 33, 34, AND HALF OF 32)
IN THE HOLLINS MAGISTERIAL DISTRICT FROM THE ZONING
CLASSIFICATION OF C-2C TO THE ZONING CLASSIFICATION OF
C-2 UPON THE JOINT APPLICATION OF J. EDWARD CONNER AND
CARY M. AND SHIRLEY I CUNNINGHAM
WHEREAS, the first reading of this ordinance was held
on January 25, 1994, and the second reading and public hearing
were held February 22, 1994; and,
WHEREAS, the Roanoke County Planning commission held a
public hearing on this matter on February 1, 1994; 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:
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February 22, 1994
109
1.
That the zoning classification of a certain tract
of real estate containing 1. 5 acres, as described herein, and
located on the south side of the 6300 block of Peters Creek Road,
(Tax Map Numbers 27.13-5-8, 9, 10, 11, 12, 33, 34 and half of 32)
in the Hollins Magisterial District, is hereby changed from the
zoning classification of C-2C, General Commercial District, with
conditions, to the zoning classification of C-2, General
Commercial District.
2. That this action is taken upon the application of
J. Edward Conner and Cary M. and Shirley I. Cunningham.
3. That said real estate is more fully described as
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follows:
BEGINNING at a point on the northerly side of East
Drive (50' wide) 100 ft. easterly from the east line of
Lot 11 of the R. E. Dillard Farm Map; thence leaving
East Drive and with the east line of Lots 21 and 1, N.
26 deg. 02' W. 308.69 feet to a point on the southerly
side of Virginia Highway Route 117; thence with the
same, N. 72 deg. 20' E. 227.41 feet to a point; thence
leaving Virginia highway Route 117 and with the
westerly line of Lot 9, S. 26 deg. 02' E. 161.50 feet
to a point on the northerly line of Lots 25 and 26, N.
63 deg. 58' E. 50.00 feet to a point; thence with a
line through the center of Lot 26, S. 26 deg. 02' E.
150.00 feet to a point on the northerly side of East
Drive; thence with the same, S. 63 deg. 58' W. 225.00
feet to the PLACE OF BEGINNING, and being all of Lots 2
through 8, all of Lots 22 through 25, and the westerly
one-half of Lot 26, Section 1, Map of Dillard Court of
record in the Circuit Court Clerk's Office of Roanoke
County in Plat Book 2, page 169.
4. That this ordinance shall be in full force and
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effect thirty (30) days after its final passage. All ordinances
or parts of ordinances in conflict with the provisions of this
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February 22, 1994
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ordinance be, and the same hereby are, repealed. The Zoning
Administrator is directed to amend the zoning district map to
reflect the change in zoning classification authorized by this
ordinance.
On motion of Supervisor Johnson to adopt the ordinance,
and carried by the following recorded vote:
AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy
NAYS: None
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An Ordinance to Rezone 2.43 Acres from C-2
Conditional to C-2. to Allow Retail Uses. Located
at 4037 Electric Road. Cave SDrinq Maqisterial
District. UDon the Petition of A , M EnterDrises
LLC. (Terry Harrinqton. Director of Planninq ,
Zoninq)
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0-22294-8
Mr. Harrington advised that the conditions were added
by the Board in December 1991 to allow operation of an auto body
repair shop on the property. The applicants now wish to remove
the conditions on the rear portion of the property so that the
entire property can be used for a retail use. The Planning
Commissioner recommended approval.
Supervisor Minnix moved to adopt the ordinance. The
motion carried by the following recorded vote:
AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy
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February 22, 1994
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None
ORDINANCE 22294-8 TO CHANGE THE ZONING
CLASSIFICATION OF A 2.43 ACRE TRACT OF REAL
ESTATE LOCATED AT 4037 ELECTRIC ROAD (TAX MAP
NOS. 87.07-1-39, 40, AND 41) IN THE CAVE
SPRING MAGISTERIAL DISTRICT FROM THE ZONING
CLASSIFICATION OF C-2C TO THE ZONING
CLASSIFICATION OF C-2 UPON THE APPLICATION OF
A , M ENTERPRISES LLC
WHEREAS, the first reading of this ordinance was held
on January 25, 1994, and the second reading and public hearing
were held February 22, 1994; and,
WHEREAS, the Roanoke County Planning Commission held a
public hearing on this matter on February 1, 1994; and,
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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 2.43 acres, as described herein, and
located at 4037 Electric Road, (Tax Map Number 87.07-1-39, 40,
and 41) in the Cave Spring Magisterial District, is hereby
changed from the zoning classification of C-2C, General
Commercial District, with conditions, to the zoning
classification of C-2, General Commercial District.
2. That this action is taken upon the application of
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A , M Enterprises LLC.
3. That said real estate is more fully described as
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February 22, 1994
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follows:
BEGINNING at an iron pin on the southeasterly side of
Virginia state Primary Route 419, said point being
Point 1 on the hereinafter mentioned plat and being the
northeasterly corner of the property herein described
and adjacent to the property of Atalantis Group, Inc.;
thence leaving Route 419 and with the line of Atalantis
Group, Inc., property, S. 45 deg. 45' 00" E. 402.6 feet
to Point 2, a fence post corner, corner to the property
of Emma S. and Earl S. Cunningham; thence leaving the'
Atalantis Group property and with the line of the
Cunningham property the following three courses and
distances: S. 50 deg. 30' 00" W. 131.3 feet to Point
3, marked by an iron pin; thence N. 45 deg. 07' 28" W.
89.33 feet to a fence post corner, being Corner 4;
thence S. 51 deg. 40' 00" W. 232.10 feet to an existing
iron pin, being Corner 5, said point being on the
northeasterly side of a 20 foot road right-of-way;
thence with said road, N. 43 deg. 08' 00" W. 99.2 feet
to existing iron pin, being Point 6, said point being
corner to the property of John H. Lipscomb and David A. I
McCray; thence with the Lipscomb and McCray property
the following four courses and distances: N. 41 deg.
03' 00" E. 132.71 ft. to an iron pin at Corner 7;
thence N. 49 deg. 01' 11" W. 163.11 ft. to an existing
iron pin at Corner 8; thence S. 40 deg. 01' 56" W. 9
ft. to a fence post at Corner 9 and N. 47 deg. 52' 59"
W. 86.69 ft. to an iron pin at Corner 10, said point
being on the southeasterly side of Route 419; thence
with the southeasterly side of Route 419 the following
two courses and distances, with a curve to the right
having a radius of 929.93 ft., a chord bearing of N. 58
deg. 07' 01" E., an arc distance of 90.38 ft. to an
iron pin at Corner 11; thence N. 66 deg. 42' 0" E.
169.3 ft. to an iron pin at Corner 1, the Place of
Beginning; and containing 2.43 acres and being as more
particularly shown on Plat of Survey dated June 3,
1985, made by Buford T. Lumsden & Associates, P.C.,
Engineers-Surveyors.
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
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Administrator is directed to amend the zoning district map to
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February 22, 1994
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reflect the change in zoning classification authorized by this
ordinance.
On motion of Supervisor Minnix to adopt the ordinance,
and carried by the following recorded vote:
AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy
NAYS: None
h An Ordinance Authorizinq a sD8cial Use Permit for
an Accessory ADartment. Located at 4925 Bower
Road. Windsor Hills Maqisterial District. UDon the
Petition of Charles CooDer. (Terry Harrinqton.
Director of Planninq & Zoninq)
0-22294-9
Mr. Harrington reported that this request will allow an
accessory apartment attached to a single family residence. The
petitioner has indicated that the apartment would only be used by
family members and guests and is not intended for rent to the
general public. This request was heard by the Board of Zoning
Appeals in September 1993 when Mr. Cooper filed an appeal that
the unit was a guest cottage and not an accessory apartment. The
BZA ruled in Mr Cooper's favor. The BZA reconsidered its
action at their November meeting and upheld the zoning
administrator's decision that the unit was an accessory
apartment. Mr. Cooper is now requesting a special use permit to
make the apartment legal in an R-1 district.
Dr. willis P. Lanier, Jr., 4743 Woodley Drive, Roanoke,
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February 22, 1994
questioned the handling of this issue by both the County staff
and Mr. Cooper.
Supervisor Johnson moved to adopt the ordinance.
Supervisor Nickens expressed concern that the condition allowed
the petitioners to rent the accessory apartment. He felt the
words "and/or rented" should be removed to assure that the
peti tioner could not rent the apartment in the future.
Supervisor Johnson withdrew his motion to allow for further
discussion of the issue and a change to the motion if necessary.
Supervisor Nickens moved to adopt the ordinance with
the condition amended to exclude any reference to rental as
follows:
"Accessory apartment shall only be occupied by family
members related to the owner/occupant of the principal
residential dwelling on the property." The motion carried by the
following recorded vote:
AYES:
Supervisors Johnson, Minnix, Nickens, Eddy
NAYS:
Supervisor Kohinke
ORDINANCE 22294-9 GRANTING A SPECIAL USE
PERMIT TO CHARLES COOPER TO ESTABLISH AN
ACCESSORY APARTMENT LOCATED AT 4925 BOWER
ROAD (TAX MAP NOS. 76.07-3-13 AND 14),
WINDSOR HILLS MAGISTERIAL DISTRICT
WHEREAS, Charles Cooper has filed a petition to
establish an accessory apartment located at 4925 Bower Road (Tax
Map Nos. 76.07-3-13 and 14) in the Windsor Hills Magisterial
District; and
WHEREAS, the Planning Commission held a public hearing
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February 22, 1994
115
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on this matter on February 1, 1994; and
WHEREAS, the Board of Supervisors of Roanoke County,
Virginia, held a first reading on this matter on December 14,
1993; the second reading and public hearing on this matter was
held on February 22, 1994.
"
NOW, THEREFORE BE IT ORDAINED by the Board of
Supervisors of Roanoke County, Virginia, as follows:
1. That the Board finds that the granting of a
special use permit to establish an accessory apartment located at
4925 Bower Road (Tax Map Nos. 76.07-3-13 and 14) in the Windsor
Hills Magisterial District is substantially in accord with the
adopted 1985 Comprehensive Plan pursuant to the provisions of §
15.1-456 (b) of the 1950 Code of Virginia, as amended.
2. That the Board hereby grants a Special Use Permit
to Charles Cooper to construct an accessory apartment located at
4925 Bower Road (Tax Map Nos. 76.07-3-13 and 14) in the Windsor
Hills Magisterial District, with the following conditions:
a) The accessory apartment shall only be
occupied and/or rcnted by family members related to the
owner/occupant of the principal residential dwelling on the
property.
On motion of Supervisor Nickens to adopt the ordinance
with condition amended excluding reference to rental, and carried
by the following recorded vote:
AYES: Supervisors Johnson, Minnix, Nickens, Eddy
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February 22, 1994
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NAYS:
Supervisor Kohinke
IN RE:
NEW BUSINESS
~ Authorization to ModifY Performance Aqreement with
Hanover Direct; Request to the IDA to Rescind
Offer to PUblic 15 acres from Friendshi~ Manor
ADartment Villaqe and Purchase 15 Acres from the
Heirs of the Hinman Estate.
(Brian Duncan.
Assistant Director of Economic DeveloDment)
R-22294-10
Mr. Duncan advised that Hanover Direct is requesting
that the Industrial Development Authority rescind its offer to I
purchase 15 acres from the Friendship Manor Apartment Village
Corporation, and instead purchase 15 acres from the heirs of the
Hinman Estate. The Friendship Manor property has a large deposit
of bedrock which makes expansion economically unfeasible. Mr.
Duncan requested approval of a resolution that would accomplish
this transaction.
.Supervisor Nickens moved to adopt the resolution. The
motion carried by the following recorded vote:
AYES:
Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy
NAYS:
None
RESOLUTION 22294-10 AUTHORIZING RESCISSION OF
OFFER TO PURCHASE 15 ACRES FROM FRIENDSHIP
MANOR APARTMENT VILLAGE CORPORATION AS WELL
AS AUTHORIZATION TO PURCHASE 15 ACRES FROM
THE HEIRS OF THE HINMAN ESTATE AND THE
EXECUTION OF A MODIFIED PERFORMANCE AGREEMENT
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February 22, 1994
115
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on this matter on February 1, 1994; and
WHEREAS, the Board of Supervisors of Roanoke County,
Virginia, held a first reading on this matter on December 14,
1993; the second reading and public hearing on this matter was
held on February 22, 1994.
NOW, THEREFORE BE IT ORDAINED by the Board of
Supervisors of Roanoke County, Virginia, as follows:
1. That the Board finds that the granting of a
special use permit to establish an accessory apartment located at
4925 Bower Road (Tax Map Nos. 76.07-3-13 and 14) in the Windsor
Hills Magisterial District is substantially in accord with the
adopted 1985 Comprehensive Plan pursuant to the provisions of §
15.1-456 (b) of the 1950 Code of Virginia, as amended.
2. That the Board hereby grants a Special Use Permit
to Charles Cooper to construct an accessory apartment located at
4925 Bower Road (Tax Map Nos. 76.07-3-13 and 14) in the Windsor
Hills Magisterial District, with the following conditions:
a) The accessory apartment shall only be
occupied and/or rcntcd by family members related to the
owner/occupant of the principal residential dwelling on the
property.
On motion of Supervisor Nickens to adopt the ordinance
with condition amended excluding reference to rental, and carried
by the following recorded vote:
AYES: Supervisors Johnson, Minnix, Nickens, Eddy
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February 22, 1994
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NAYS:
Supervisor Kohinke
IN RE:
NEW BUSINESS
~ Authorization to Modify Performance Aqreement with
Hanover Direct: Request to the IDA to Rescind
Offer to Purchase 15 acres from FriendshiD Manor
ADartment Villaqe and Purchase 15 Acres from the
Heirs of the Hinman Estate.
(Brian Duncan.
Assistant Director of Economic DeveloDment)
R-22294-10
Mr. Duncan advised that Hanover Direct is requesting
that the Industrial Development Authority rescind its offer to I
purchase 15 acres from the Friendship Manor Apartment Village
Corporation, and instead purchase 15 acres from the heirs of the
Hinman Estate. The Friendship Manor property has a large deposit
of bedrock which makes expansion economically unfeasible. Mr.
Duncan requested approval of a resolution that would accomplish
this transaction.
Supervisor Nickens moved to adopt the resolution. The
motion carried by the following recorded vote:
AYES:
Supervisors Johnson, KOhinke, Minnix, Nickens, Eddy
NAYS:
None
RESOLUTION 22294-10 AUTHORIZING RESCISSION OF
OFFER TO PURCHASE 15 ACRES FROM FRIENDSHIP
MANOR APARTMENT VILLAGE CORPORATION AS WELL
AS AUTHORIZATION TO PURCHASE 15 ACRES FROM
THE HEIRS OF THE HINMAN ESTATE AND THE
EXECUTION OF A MODIFIED PERFORMANCE AGREEMENT
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February 22, 1994
117
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WHEREAS, the County of Roanoke and the Industrial
Development Authority of Roanoke County, Virginia, desire to
promote and encourage the economic development of Roanoke County,
Virginia, and the Roanoke Valley by the recruitment of new
industry for the Roanoke Valley, in order to provide for
increased employment and corporate investment in the County; and,
WHEREAS, this increased employment and investment
constitutes a valid public purpose for the expenditure of public
funds; and,
WHEREAS, the company desires to support these economic
development efforts of the County and the Authority by relocating
and establishing its corporate facilities in the County.
WHEREAS, the County desires to support these economic
development efforts of the Industrial Development Authority by
donating public funds to the Industrial Development Authority in
accordance with the provisions of § 15.1-511.1 of the Code of
Virginia.
WHEREAS, on January 3, 1994, the Board appropriated and
donated the sum of $272,500 to the Industrial Development
Authority of Roanoke County for the purpose of acquiring 15 acres
of real estate on State Route 601, Hollins Road, from the
Friendship Manor Apartm~nt Village Corporation; and,
WHEREAS, on January 11, 1994, the Board authorized and
approved the execution of a Performance Agreement by the County
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February 22, 1994
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Administrator with Hanover Direct.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF.
SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, as follows:
1. Requests that the Industrial Development Authority
of Roanoke County rescind its offer to purchase 15 acres on State
Route 601, Hollins Road, from Friendship Manor Apartment Village
Corporation.
2. That the Industrial Development Authority of
Roanoke County enter into a contract to purchase 15 acres on
State Route 601, Hollins Road, from the Heirs of the Hinman
Estate for $272,375.
3. That the modification and execution of a
Performance Agreement with Hanover· Direct, Inc. and the
Industrial Development Authority of Roanoke County for the
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relocation and establishment of certain industrial development
facilities in Roanoke County is hereby authorized and approved;
and, all actions taken by the officers and agents of the County
in connection with this transaction are ratified and confirmed.
4. That the County Administrator is authorized to
execute said modified Performance Agreement on behalf of the
County, upon form approved by the County Attorney.
5. That this resolution shall take effect
immediately.
On motion of Supervisor Nickens to adopt the·
resolution, and carried by the following recorded vote:
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February 22, 1994
119
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AYES:
NAYS:
Supervisors Johnson, KOhinke, Minnix, Nickens, Eddy
None
.L.. Request for ADDropriation to Fund the studY of the
strateqic Location and ReDlacement Policy for Fire
and Rescue EquiDment
A-22294-11
Mr. Chambliss reported that as part of the Vehicle
Replacement Policy study, the Board ·requested an evaluation of
the replacement and allocation of fire and rescue equipment. It
is recommended that David M. Giffith & Associates Inc. be awarded
a contract for the study at a cost of $12,500. Mr. Chambliss
advised that the Fire and Rescue chiefs will be consulted during
the study, and the study will concluded in time to be included in
the budget process.
Supervisor Nickens moved to approve funding of $12,500
from the Board Contingency Fund instead of the Unappropriated
Balance as recommended in the Board Report. The motion carried
by the following recorded vote:
AYES: Supervisors Johnson, KOhinke, Minnix, Nickens, Eddy
NAYS: None
IN RE:
STATUS REPORT ON RECYCLING
Assistant County Administrator Don Myers reported that
there is an 89% participation in commingled recycling and 45%
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February 22, 1994
participation in source separation.
Mr. Myers advised that
source separation is much more expensive than commingled. staff
is recommending a regional approach to recycling through the
Roanoke Valley Resource Authority. General Services Director and
Resource Author i ty Board member Gardner Smi th reported on the
methods of collection that have been discussed by the RVRA.
IN RE:
ADJOURNMENT
At 8:20 p.m., Supervisor Johnson moved to adjourn. ~he
motion carried by a unanimous voice vote.
Respectfully submitted
Approved,
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Lee B. Eddy, Chai~man
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Mary H. Allen, Clerk
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