HomeMy WebLinkAbout3/22/1994 - Regular
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March 22, 1994
W)
Roanoke county Board of Supervisors
Roanoke County Administration Center
5204 Bernard Drive
Roanoke, Virginia 24018
March 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 March, 1994.
I!tHRE:
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
KEKBERS ABSENT:
None
STAPF PRESENT:
Elmer C. Hodge, County Administrator; Paul M.
Mahoney, County Attorney; Brenda J. Holton, Deputy
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 William L. Ross,
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March 22, 1994
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Vinton Baptist Church.
The Pledge of Allegiance was recited by all
present.
IN RE:
PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND AWARDS
~ Resolution of ADDreoiation to Armand Lee Sanderson for
his Servioe on the Roanoke countv'-E1eotoral Board.
R-32294-1
Chairman Eddy presented Mr. Sanderson with a framed
resolution.
Supervisor Kohinke moved to adopt the resolution. The
motion carried by the following recorded vote:
AYES:
Supervisors Johnson, KOhinke, Minnix, Nickens, Eddy
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NAYS:
None
RESOLUTION 32294-1 OF APPRECIATION TO ARMAND LEE SANDERSON
FOR HIS SERVICE ON THE ROANOKE COUNTY ELECTORAL BOARD
WHEREAS, Armand Lee Sanderson has served on the Roanoke
County Electoral Board for twel ve years, having been appointed on
March 1, 1982, and is now retiring from that Board; and
WHEREAS, during his time on the Electoral Board, Mr.
Sanderson served as the Chairman from June, 1984 until April 1993;
and
WHEREAS, Mr. Sanderson has also been active in a variety of
community affairs, and is a former member of the Vinton Town Council,
Past President of the Roanoke optimist Club .and Past President of the
WHEREAS, through his activities and years of service to
the I
vinton Dogwood Festival; and
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March 22, 1994
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community, Mr. Sanderson has demonstrated his dedication and
commitment to Roanoke County and to the Roanoke Valley.
NOW, THEREFORE, BE IT RESOLVED, that the Board of
Supervisors of Roanoke County, Virginia, does hereby extend its deep
appreciation to ARMAND LEE SANDERSON for his serVice on the Roanoke
County Electoral Board and for his commitment to the people of Roanoke
County; and
BE IT FURTHER RESOLVED, that the Board of Supervisors
extends its best wishes for Mr. Sanderson on the occasion of his
retirement from the Electoral Board.
On motion of Supervisor~Kohinke to adopt the resolution, and
carried by the following recorded vote:
AYES:
Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy
NAYS:
None
~ Resolution of Weloome to Rita Levit. Visitinq Teaoher
from Kiev. Ukraine.
R-32294-2
Chairman Eddy presented Ms. Levit with the resolution and a
gift from Roanoke County.
Supervisor Minnix moved to adopt the resolution. The motion
carried by the following recorded vote:
AYES:
Supervisors Johnson, KOhinke, Minnix, Nickens, Eddy
NAYS:
None
RESOLUTION 32294-2 OF WELCOME TO RITA LEVIT, VISITING
TEACHER FROM KIEV, UKRAINE
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March 22, 1994
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WHEREAS,
international
exchange
programs
provide
an
opportunity for people from different countries and different cultures
to learn about each other; and
WHEREAS,
these programs are especially important to
teachers, who have the opportunity to learn about the subjects which
they teach; and
WHEREAS, Rita Levit, an English teacher from Kiev, Ukraine,
is visiting Oak Grove Elementary School in Roanoke county, and has
been attending various activities throughout the Valley, providing an
opportunity for our children to learn about the people of the Ukraine
and the former Soviet Republic.
NOW, THEREFORE, BE
IT RESOLVED, that the Board of I
Virginia, does hereby extend a warm
Supervisors of Roanoke County,
welcome to RITA LEVIT and expres3es its appreciation for her visit
with us and with our children.
IN WITNESS WHEREOF, We have hereunto set our hands and
caused the Seal of the County of Roanoke to be affixed this the 22th
day of March, 1994.
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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Proolamation Deolarinq Month of Maroh.
1994.
aBl
Purohasinq Month.
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Chairman Eddy presented the proclamati~n to Ruth Santopolo,
President, and Hugh Clark, Program Chairman, Roanoke Chapter, National
Association of Purchasing Management {NAPM), and Elaine Carver,
Director of Procurement.
Supervisor Nickens moved to approve the proclamation. The
motion carried by the following recorded vote:
AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy
NAYS: None
IN RE:
BRIEFING
h Briefinc::r on Roanoke Valley Resource Authority Solid
Waste Facilities. (John Hubbard. CEO. RVRA)
Mr. Hubbard advised that the Transfer station is complete,
the Tipper Station is 97% complete, and the landfill is scheduled to
open on April 8, 1994.
IN RE:
NEW BUSINESS
h Resolution Rec::ruestinq VDOT to AdoDt a Recommended List
of Primary and Interstate Pro; ects for the six year
ImDrovement Proc::rram. (Arnold Covey. Enc::rineerinc::r &
InsDections Director)
R-32294-3
Mr. Covey advised that the County needs to adopt a list of
Interstate and Primary Projects to be presented to the Virginia
Department of Transportation at a preallocation Hearing for Fiscal
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March 22, 1994
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Year 1994-95 on April 13, 1994.
Mr. Covey advised that the following projects that are
presently on the Six Year Improvement Program will require an
additional allocation of funds for construction:
(1) Route I-Sl, and
(2) Route 221 (Brambleton Avenue).
Mr. Covey further advised that the following projects are
not currently on the six Year Improvement Plan but are needed to
improve congestion and safety concerns:
(1) Route 115 (Plantation
Road); (2) Route 11 (Williamson Road); (3) Route 11/460 (West Main
street; and (4) Route 220 South (Franklin Road).
Supervisor Eddy and Supervisor Nickens requested that two
Supervisor Kohinke moved to
adopt
the
resolution
with I
modifications be made to the resolution.
modificati~ns. The motion carried by the following recorded vote:
AYES:
Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy
NAYS:
None
RESOLUTION 32294-3 REQUESTING VDOT TO ADOPT A
RECOMMENDED LIST OF THE PRIMARY AND INTERSTATE
PROJECTS FOR THE SIX YEAR IMPROVEMENT PROGRAM
WHEREAS,
the
six Year
Improvement
Program
is
the
Commonwealth Transportation Board's plan for identifying funds
anticipated to be available for highway and other forms of
transportation construction for distribution in the 1994":2000 plan;
and
WHEREAS, this program is updated annually to assist in
the I
and
allocation of federal and state funds for interstate, primary ,
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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
1994-95 Fiscal Year:
1. Route I-Sl - increase the number of north and south
bound travel lanes, improvement of all interchanges and consider the
construction of 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 115 (Plantation Road) continuation of
improvements 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.
4. 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.
5. 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) .
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6. Route 220 South (Franklin Road) - improvement of Route
220 south from the Roanoke ci ty 1 imi ts in Roanoke County to the
Franklin County line.
On motion of Supervisor Kohinke to adopt the resolution with
modifications to paragraph 1, and carried by the following recorded
vote:
AYES:
NAYS:
Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy
None
~ Authorization to Chancre the Name of the Former Roanoke
County Administration Center to The Brambleton Center.
(Elmer Hodqe. County Administrator) I
A-32294-4
Mr. Hodge advised that the fermer Roanoke County
Administration Center at 3738 Brambleton Avenue is now being utilized
for recreational purposes. The Parks & Recreation Department, at the
recommendation of the Parks & Recreation Advisory Committee, held a
contest to select a name. From the 50 entries they received, they are
recommending that the name be changed to The Brambleton Center.
Supervisor Nickens moved to authorize the name change. The
motion carried by the fOllowing recorded vote:
AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy
NAYS: None
REQUEST FOR PUBLXC IlllJUUIIG AlII) I'J:UT lII!ADXIIG OF REZOIIJ:IIGI
IN RE:
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March 22, 1994
147
ORDINANCES - CONSENT AGENDA
Supervisor Johnson moved to approve the first readings of
ordinances, and set the second readings and public hearings for April
26, 1994. The motion carried by the following recorded vote:
AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy
NAYS: None
h Ordinance to Rezone 3.118 Acres from I-2 and PRD to t-1
and Obtain a Soecial Use Permit to Allow for EXDansion
of an Existinc::r Mini-Warehouse ODeration. Located
Ad;acent to 5021 Benois Road. Cave SDrinc::r Mac::risterial
District. Uoon the Petition of ,storac::re Bins. Inc.
~ ordinance to Rezone .200 Acre from C-1 to C-2 to
ODerate a Beauty Salon. Located at 5711 AirDort Road.
Hollins Mac::risterial District. UDon the Petition of Pam
Shifflette.
Ordinance Authorizinc::r a Soecial'Use Permit to' Erect a
Broadcastinc::r Tower. Located .4 ,Mile North of
Intersection of Bent Mountain Road and AirDoint Drive. .
Windsor Hills Mac::risterial District.. Uoon the Petition
of century Roanoke Cellular COrD.
~ Ordinance Authorizinc::r a SDecial Use Permit to Erect a
Broadcastinc::r Tower~ Located Beyond the Terminus of
Enchanted Lane. Cave Sorinc::r Magisterial District. UDon
the Petition of Century Roanoke Cellular COrD.
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~ Ordinance Amendinc::r and Reenactinc::r Portions of ordinance
82592-12. the zoninc::r Ordinance of Roanoke County. bY
the Adootion of Certain Amendments to Said Ordinance.
IN RE:
FIRST READING OF ORDINANCES
h Ordinance Authorizinc::r the Acc::ruisition of a Permanent
Access and Environmental Clean-Do Easement from Layton
De Thomas and Sandra H. Thomas in Connection with the
Dixie Caverns Landfill site.
(Paul M. Mahoney. County
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March 22, 1994
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Attorney)
Mr. Mahoney advised that in order to comply with the
Environmental Protection Agency required removal action in connection
with the Dixie Caverns Landfill,
this permanent access and
environmental easement for the purchase price of $500 is being
requested.
supervisor Nickens moved to approve the first reading and
set the second reading for April 12, 1994. The motion carried by the
following recorded vote:
AYES:
Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy
NAYS:
None
IN RE:
CONSENT AGENDA
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R-32294-5
Supervisor Minnix moved to adopt the Consent Resolution.
The motion carried by the following recorded vote:
AYES:
supervisors Johnson., KOhinke, Minnix, Nickens, Eddy
NAYS:
None
RESOLUTION 32294-5 APPROVING AND CONCoRRING IN CERTAIN ITEMS
SET FORTH ON THE BOARD OF SoPERVISORS 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 March 22, 1994 designated as Item L -
Consent Agenda
to each item II
be, and hereby is, approved and concurred in as
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separately set forth in said section designated Items 1 through 4,
inclusive, as follows:
1. Approval of January 25, 1994, and February 8, 1994
Minutes.
2. Donation of a Drainage Easement in Connection with
Camney Lane Road Project.
3. Request from the School Board for Appropriation of $500
to the School Grant Fund.
4. Request for Approval of 50/50 Raffle Permit from the
Mason's Cove 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.
On motion of Supervisor Minnix Nickens to adopt the Consent
Resolution and carried by the following recorded vote:
AYES:
Supervisors Johnson, KOhinke, Minnix, Nickens, Eddy
NAYS:
None
IN RE:
REPORTS AND INQUIRIES OF BOARD MEMBERS
SUDervisor Minnix:
He advised that in response to a
citizen's complaint about bingo games, he met with the citizen, Mr.
Mahoney, and Skip Burkart, and they are researching the situation.
SUDervisor Johnson:
(1) He advised that he and Supervisor
Minnix attended an all-day workshop at the Roanoke Regional Airport
last week.
He reported that a response from the Federal Aviation
Administration (FAA) to the Part 150 Noise Study will probably be
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March 22, 1994
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received in mid-April, and that the Airport staff will make a report
to the Board. He reported that the Airport is operating within budget
and that tonnage has increased.
SUDervisor Eddy:
(1) He advised that on March 10, 1994, he
and Mr. Hodge met with the Catawba citizens who were concerned about
the routing of I-73 through the Catawba Valley.
(2) He advised that
on March 18, 1994, he and Supervisor Minnix attended the Green Valley
Elementary School ribbon cutting for the library and kindergarten
room.
(3) He asked Mr. Hodge about the schedule for picking up the
additional brush and bulk caused by recent storms.
Mr. Hodge
responded that progress has been made, and he believes that the
maj ori ty of the bulk and brush will be picked up wi thin the next I
month.
IN RE:
REPORTS
Supervisor Minnix moved to receive and file the following
reports after discussion of Item 8. The motion carried by a unanimous
voice vote.
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General Fund UnaDDroDriated Balance
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CaDital Fund UnaDDroDriated Balance
Board Continc::rency Fund
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Accounts Paid - Februarv 1994
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Statement of Revenues and EXDenditures as of Februarv
28. 1994 I
Summary of January and Februarv. 1994. Roanoke county
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Fire & Rescue Reaction/ResDonse Times
~ Bond Pro;ect status ReDort
~ ReDorton 1991 Water pro;ects.
Cliff Craig, utility Director, briefed the Board on an
operational problem.
Supervisor Minnix moved to receive and file Item 8. The
motion carried by a unanimous voice vote.
IN RE:
WORK SESSION
h Budc::ret Work Session.
Mr. Hodge and Brent Robertson, Budget Manager, presented the
Board with budget books, and there was discussion of the following
topics: (1) Department Work Programs and Equipment Requests; (2)
Contributions to Social Services and Cultural Agencies; (3) Dues and
Per Capita Allocations; (4) Contributions to Human Service Agencies;
(5) Proposed State Funding and Summary of State Budget Proposals; and
(6) Vehicle Inventory Report.
It was the consensus of the Board to have an addi tional
Board Meeting on April 5, 1994, for a joint budget work session with
the School Board and for other budget work sessions. The meeting
will begin at 6 p.m. and will be held in the Fourth Floor Conference
Room at the Roanoke County Administration Center.
During the discussion, the Board members requested the
following: (1) that a copy of the School Board budget be made
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available as soon as possible; (2) that staff provide more
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March 22, 1994
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justification for items; (3) that the Fifth Planning District study on
cost benefit of low-band radios be studied; (4) that the vehicle take-
home policy be restudied; (5) that the items be prioritized; and (6)
that staff provide justification for an increase in the E-911 tax, and
the three year computer program project.
Mr. Hodge advised that the study on emergency vehicles will
be brought to the April 12, 1994 budget work session.
IN RE:
EXECUTIVE SESSION
At 5:25 p.m., Supervisor Johnson moved to go into Executive
Session pursuant to the Code of Virginia section 2.1-344 A (3) To
Consider the Acquisition of Real Property for a Proposed High School I
Site; (3) To Consider the Disposition of Real Property, Namely, To
Consider an Offer to Purchase Surplu~ Well Lots; (3) To Consider the
Use of Real Property for Other Public Purposes, Namely, for Purposes
of a Transmission Water Line; and (7) Consultation with Legal Counsel
and Briefings by Staff Members Pertaining to (a) Probable Litigation
Concerning Drainage or Flooding; and (b) Specific Legal Matter
Relating to the Roanoke Valley Resource Authority. The motion carried
by the following recorded vote:
AYES: Supervisors Johnson, KOhinke, Minnix, Nickens, Eddy
NAYS: None
IN RE: CERTIFICATION OF EXECoTIVB SESSION
R-32294-6 II
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March 22, 1994
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At 7:05 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 32294-6 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 to an
affirmative recorded vote and in accordance with the provisions of The
Virginia Freedom of Information Act; and
WHEREAS, Section 2.1-344.1 of the Code of Virginia requires
a certification by the Board of Supervisors of Roanoke County,
Virginia, that such executive meeting was conducted in conformity with
Virginia law.
NOW, THEREFORE,
BE IT RESOLVED, that the Board of
Supervisors of Roanoke County, Virginia, hereby certifies that, to the
best of each members knowledge:
1. Only public business matters lawfully exempted from open
meeting requirements by Virginia law were discussed in the executive
meeting which this certification resolution applies, and
2. Only such public business matters as were 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 't.Qj following recorded vote:
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March 22, 1994
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AYES:
Supervisors Johnson, KOhinke, Minnix, Nickens, Eddy
NAYS:
None
IN RE:
PROCLAMATIONS, RESOLoTIONS, RECOGNITIONS, AND AWARDS
h Resolutions of ADDreciation to David Asher. David
Baril. and Jack DoYle for their Assistance to the
Community.
R-32294-7
Supervisor Minnix presented resolutions to David Asher,
David Baril, and Jack Doyle.
Supervisor Minnix moved to adopt the resolution. The motion
carried by the following recorded vote:
AYES:
Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy
II
NAYS:
Non€
RESOLUTION 32294-7 OF APPRECIATION TO DAVID ASHER, DAVID
BARIL, AND JACK DOYLE FOR THEIR ASSISTANCE TO THE COMKUNITY
WHEREAS, the Roanoke Valley has recently endured several
severe winter storms, which left many homes without power, heat and
water; and
WHEREAS, during the ice storm which hit the Roanoke Valley
on March 2 and 3, 1994, many trees and branches were knocked over,
causing blocking of roads, damage to buildings, and destruction to
power lines; and
WHEREAS, Southwest Roanoke County sustained some of the
worst damage, particularly the Penn Forest Subdivision and the II
surrounding neighborhoods, and many of the residents were unable to
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reach their driveways or the roads; and
WHEREAS, David Asher, David Baril and Jack Doyle, all
seniors at Cave Spring High School in Roanoke County, spent the night
and early morning hours during that storm removing and cutting trees,
timber and branches, using their own equipment, and on their own
initiative, so that the residents would be able to use their
automobiles.
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors
of Roanoke County, Virginia, does hereby express its deep appreciation
to DAVID ASHER, DAVID BARIL AND JACK DOYLE for their initiative, their
generosity, and their thoughtfulness in coming to the aid and
assistance of their neighbors.
On motion of Supervisor Minnix to adopt the resolution, and
carried by the following recordedrvote:
AYES: Supervisors Johnson, KOhinke, Minnix, Nickens, Eddy
NAYS: None
IN RE:
PoBLIC HEARING AND SECOND READING OF ORDlHANCES
L.
Ordinance Authorizinc::r a SDecial Use Permit to Construct
a Church. Located at the Southwest Intersection of
Merriman Road and Cartwric::rht Drive. Cave SDrinq
Mac::risterial District. UDon the Petition of Church of
the HolY S~irit. (Terrv Harrinc::rton. Director of
Planninc::r and Zoninc::r)
0-32294-8
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March 22, 1994
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a request for a spec1al
Mr. Harrington advised that this is
use permit to construct a church and that the proposed development is
consistent with the development designation of the Comprehensive Plan.
He advised ihat the petitioner has agreed to four conditions and that
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the Planning Commission recommended approval of the petition with the
four conditions.
Ed Natt, attorney for the petitioner, expressed his
appreciation to the County staff and citizens for their assistance in
resolving concerns about the project.
William Fralin, attorney representing Robert Diesel,
adjoining property owner, advised that Mr. Diesel would support
granting the permit if the four conditions are followed. with I
Supervisor Minnix moved to adopt the ordinance
conditions. The motion carried by the following recorded vote:
AYES:
Supervisors Johnson, KOhinke, Minnix, Nickens, Eddy
NAYS:
None
ORDINANCE 32294-8 GRANTING A SPECIAL USE PERMIT TO
THE CHURCH OF THE HOLY SPIRIT TO ALLOW THE CON-
STRUCTION OF A CHoRCH BUILDING TO BE LOCATED AT
THE SOUTHWEST INTERSECTION OF MERRIMAN ROAD AND
CARTWRIGHT DRIVE (TAX PARCELS 87.17-6-11) CAVE
SPRING MAGISTERIAL DISTRICT
WHEREAS, the Trustees of the Church of the Holy Spirit have
filed a petition to allow the construction of a church building to be
located at the southwest corner of Merriman Road and cartwright Drive
in the Cave Spring Magisterial District; and
WHEREAS, the Planning Commission held a public hearing on II
this matter on March 1, 1994; and
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March 22, 1994 157
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 March
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 allow the construction of a church building to be located at
the southwest intersection of Merriman Road and Cartwright Drive in
the Cave Spring Magisterial District is substantially in accord with
the adopted 1985 Comprehensive Plan pursuant to the provisions of §
15.1-456 (b) of the 1950 Code of Virginia, as amended.
2. That the Board hereby grants a Special Use Permit to
the Trustees of the Church of the Holy Spirit to allow the
construction of a church building located at the southwest
intersection of Merriman Road and Cartwright Drive in the Cave Spring
Magisterial District, subject to the following conditions:
a) Owner/developer is to prepare the site in full
accord with the VA Dept. of Forestry and Roanoke
County guidelines regarding the protection of
existing trees. This tree protection plan will be
established during site plan review and put into
effect prior to the beginning of preliminary grad-
ing.
b) The Merriman Road entrance will be the only access
to the site.
c) Applicant shall be required to connect to public
water and sewer service.
d)
A total of 22 parking spaces,
plan nearest rear yard border
shown on concept
of 5959 Barbara
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March 22, 1994
Circle, will not be constructed,
minimum 40 foot buffer.
resulting
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in a
On motion of Supervisor Minnix to adopt the ordinance with
conditions, and carried by the following recorded vote:
AYES:
Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy
NAYS:
None
~ Ordinance Vacatinc::r a 15 foot Public utility Easement on
Tax Parcel 94.02-2-21.19. Tract "A". located on
Carriac::re Hills Drive in the windsor Hills Mac::risterial
District. UDon the Petition of Keith and Diane Custer.
(Terry Harrinqton. Director of Planninq and Zoninc::r)
0-32294-9 II
Mr. Harrington advised that this easement was created to
provide service to the adjoining well lot, and is no longer necessary.
When Roanoke County purchased the well lot, the seller had to grant a
new 15 foot public utility easement. The petitioners are asking that
the easement be vacated.
Supervisor Eddy moved to adopt the ordinance.
carried by the following recorded vote:
The motion
AYES:
Supervisors Johnson, KOhinke, Minnix, Nickens, Eddy
NAYS:
None
ORDINANCE 32294-9 VACATING A IS-FOOT PUBLIC UTILITY EASEMENT
LOCATED ON TAX PARCEL 94.02-2-21.19, TRACT "A", LOCATED ON
CARRIAGE HILLS DRIVE, WINDSOR HILLS MAGISTERIAL DISTRICT
WHEREAS, Keith A. and Diane N. Custer have requested thell
Board of Supervisors of Roanoke County, Virginia to vacate a 15-foot
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public utility easement located on Tax Parcel 94.02-2-21.19 in the
Windsor Hills Magisterial District as shown in Deed Book 1246 at page
1277 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 reading of
this ordinance was held on March 8, 1994; and the second reading of
this ordinance was held on March 22, 1994.
BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That a 15-foo'c public utility easement located on Tax
Parcel 94.02-2-21.19 in the Windsor Hills Magisterial District of
record in Deed Book 1246 at page 1277, in the Office of the Clerk of
the Circui t 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 Keith A. and Diane N. Custer shall record a certi-
fied copy of this ordinance with the Clerk of the Circuit Court and
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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 Keith A. and Diane N. Custer, their heirs, successors, or assigns.
5. That pursuant to § 15.1-485 of the 1950 Code of Virgin-
ia, as amended, the Circuit Court Clerk shall write in plain legible
letters across the part of the plat vacated, the word "vacated" and
instrument of vacation is recorded.
the I
also make a reference on the same to the volume and page in which
On motion of Supervisor Eddy to adopt the ordinance, and
carried by the following recorded vote:
AYES:
Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy
NAYS:
None
h Ordinance Authorizinc::r a SDecial Use Permit to ODerate a
Convenience store. Located at the Corner of Route 419
and Brambleton Avenue in the Cave SDrinc::r Kac::risterial
District UDon the Petition of Workman oil COmDany.
(Terrv Harrington. Director of Planninc::r and Zoninc::r)
0-32294-10
Mr. Harrington advised that this is a request to convert thell
Amoco station at Rts. 221 and 419 to a convenience store. There
old
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Märch 22, 1994
161
are no changes being proposed to the existing building or site, and
the existing entrances have a grand fathered status under the zoning
ordinance.
He advised that the Planning Commission recommended
approval of the petition.
Don Baker, Vice President of Workman Oil Company, was
present to answer questions.
He advised Supervisor Johnson that
gasoline will be sold, and that the company is committed to cleaning
up the well contamination problem at the site.
Supervisor Minnix moved to adopt the ordinance. The motion
carried by the following recorded vote:
AYES:
Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy
NAYS:
None
ORDINANCE 32294-10 GRANTING A SPECIAL USE PERMIT
TO WORKMAN OIL COMPANY TO ALLOW THE OPERATION OF A
CONVENIENCE STORE LOCATED AT THE CORNER OF ROUTE
419 AND BRAHBLETON AVENUE (TAX PARCEL 77.13-5-41),
CAVE SPRING MAGISTERIAL DISTRICT
WHEREAS, Workman oil Company has filed a petition to allow
the operation of a convenience store on property located at the corner
of Route 419 and Brambleton Avenue in the Cave Spring Magisterial
District; and
WHEREAS, the Planning Commission held a pubiic hearing on
this matter on March 1, 1994; and
WHEREAS, the Board of Supervisors of Roanoke County,
Virginia, held a first reading on this matter on February 22, 1994;
the second reading and public hearing on this matter was held on March
22, 1994.
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162
March 22, 1994
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NOW, THEREFORE BE IT ORDAINED by the Board of Supervisors of
Roanoke County, Virginia, as follows:
1. That the Board finds that thecgranting of a special use
permit to allow the operation of a convenience store on property
located at the corner of Route 419 and Brambleton Avenue in the Cave
Spring Magisterial District is substantially in accord with the
adopted 1985 Comprehensive Plan pursuant to the provisions of § 15.1-
456 (b) of the 1950 Code of Virginia, as amended.
2 . That the Board hereby grants a Special Use Permi t to
Workman oil Company to allow the operation of a convenience store on
property located at the corner of Route 419 and Brambleton Avenue in
the Cave Spring Magisterial District. I
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
~ Ordinance to Rezone 3.6 Acres from R-l to 1-1 in Order
to Correct aZoninc::r MaD Error and Brinc::r an Existinc::r Use
into zoninc::r conformity. Located at 8223 Reservoir Road
in the Hollins Mac::risterial District (Tax MaD Numbers
27.08-3-1. -2. -3. -4. -5. and -6) Upon the Petition of
the
Roanoke
County
Planninc::r
commission.
( Terrv
Harrinc::rton. Director of Planninq and zoninc::r)
Mr. Harrington advised that thi's request
II
is to correct a
0-32294-11
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March 22, 1994
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zoning map error and bring an existing use into zoning conformity. He
advised that the owner of the property has requested that this
rezoning be done at this time.
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 32294-11 TO CHANGE THE ZONING
CLASSIFICATION OF A 3.6-ACRE TRACT 'OF REAL ESTATE
LOCATED AT 8223 RESERVOIR ROAD (TAX HAP NOS.
27.08-3-1, 2, 3, 4, 5, 6) IN THE HOLLINS
MAGISTERIAL DISTRICT FROM THE ZONING
CLASSIFICATION OF R-l TO THE ZONING
CLASSIFICATION OF I-I UPON THE APPLICATION OF THE
ROANOKE COUNTY PLANNING COHHISSION
WHEREAS, the first reading of this ordinance was held on
February 22, 1994, and the second reading and public hearing were held
March 22, 1994; and,
WHEREAS, the Roanoke County Planning Commission held a
public hearing on this matter on March 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:
1. That the zoning classification of a certain tract of
real estate containing 3.6 acres, as described herein, and located at
8223 Reservoir Road (Tax Map Number 27.08-3-1, 2, 3, 4, 5, 6) in the
Hollins Magisterial District, is hereby changed from the zoning
classification of R-1, Low pensity Residential District to the zoning
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March 22, 1994
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classification of I-I, Industrial District.
2. That this action is taken upon the application of The
Roanoke county Planninq commission.
3. 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 Johnson to adopt the ordinance, and
carried by the following recorded vote:
AYES: Supervisors Johnson, KOhinke, Minnix, Nickens, Eddy
NAYS: None
I
~ . Ordinance Amendinc::r and Reenactinc::r Sections of Article
XI. Doc::rs. cats. and Other Animals. of ChaDter 5.
Animals and Fowl of the Roanoke County Code to Rec::ruire
Licensure of Cats. to Prohibit Unvaccinated Doqs and
Cats from Runninc::r at Larqe. to Limit the Number of Cats
~er Dwellinc::r unit. to Provide for a Three Year License
Tax for Doc::rs and Cats. to Increase the Board Fee for
ImDounded Animals. and to Define certain Acts Committed
bY Animals as NUisances and prescribina Penalties
Therefore. (John M. Chambliss. Jr. Assistant countYII
Administrator)
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March 22, 1994
165
Mr. Chambliss advised that since the first reading of this
ordinance on March 8, 1994, staff has considered comments made by
residents and suggestions made by Board members. He recommended that
the public hearing be held at this meeting, and that the final
document brought back to the Board on April 12, 1994.
The following citizens spoke concerning this ordinance:
1. Glenda McConmack, 619 Magnolia Road questioned
whether the County could enforce the cat ordinance when it cannot
enforce the dog ordinance.
2. Millie Butler, 6932 Campbell Drive - asked for a firm
ordinance to address the nuisance issue and did not want a grandfather
clause.
3. Judy Pyska, 213 Spring Avenue - President and Founder,
Roanoke Valley Animal Foundation - spoke in favor of mandatory spaying
and neutering animals.
4. Neil Angle, 3816 Green Valley Drive - advised that he
felt the County should not pass an ordinance it could not enforce.
5. Mary Welch, 1836 Maiden Lane, SW - a member of the
Animal Overpopulation Task Force, felt that cats and dogs should be
licensed and required to wear tags especially due to the threat of
rabies.
6. Lela Spitz, 1917 Oak Drive Extension - felt that the
County's Animal Control Ordinance needs to be completely redrawn
rather than amended, and gave several suggestions for a stronger
ordinance.
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March 22, 1994
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the
7.
Sally Winter, 6935 Campbell Drive - asked that
ordinance include a nuisance provision.
During the discussion that followed the citizens' comments,
the following suggestions were made to be included in the redrafted
ordinance:
(1) that the recommendations of Mr. Chambliss and Mr.
Hodge in the March 22, 1994 Board Report be included;
(2) that a
provision be made to allow for emergency situations for non-
domesticated animals;
(3) that section 5.14 be focused on zoning
district or platted subdivision; (4) that humane treatment of animals
be broadened; and (5) that the duties of animal control officers be
defined.
It was the majority opinion of the Board that the running
atll
large provision be added to the redrafted ordinance.
Supervisor Johnson moved to defer action to the April 12,
1994 Board Meeting and for staff to redraft and bring back the
ordinance per the Chairman's instructions. The motion carried by the
following recorded vote:
AYES:
Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy
NAYS:
None
IN RE:
EXECUTIVE SESSION
At 8:35 p.m., Supervisor Johnson moved to go into Executive
Session pursuant to the Code of Virginia section 2.1-344 A (7)
Consultation with Legal
Pertaining to (a) Probable
Counsel and Briefings by Staff Members
Litigation Concerning Drainage or Flooding.1I
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March 22, 1994
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The motion carried by the following recorded vote:
AYES:
Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy
NAYS:
None
IN RE:
CERTIFICATION OF EXECUTIVE SESSION
R-32294-12
At 9:05 p.m., Supervisor Johnson moved to adopt the
Certification Resolution.
The motion carried by the following
recorded vote:
AYES:
Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy
NAYS:
None
RESOLUTION 32294-12 CERTIFYING EXECUTIVE MEETING WAS HELD IN
CONFORMITY WITH THE CODE OF VIRGINIA
WHEREAS, the Board of Supervisors of Roanoke County,
Virginia has convened an executive meeting on this date pursuant to an
affirmative recorded vote and in accordance with the provisions of The
Virginia Freedom of Information Act; and
WHEREAS, Section 2.1-344.1 of the Code of Virginia requires
a certification by the Board of Supervisors of Roanoke County,
Virginia, that such executive meeting was congucted 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
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March 22, 1994
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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, Minnix, Nickens, Eddy
NAYS:
None
IN RE:
ADJOURNMENT
At 9:06 p.m., Supervisor Johnson moved to adjourn to 6:00
p.m., AprilS, 1994, for a joint budget work session with the S~hoolll
Board and other work sessions. The motion carried by a unan1mous
voice vote.
Submitted by,
Approved by,
i: Jly0in
~~l} ~
Brenda J. tHol ton, Deputy Clerk
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