HomeMy WebLinkAbout5/10/1994 - Regular
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May 10, 1994
287
Roanoke County Board of Supervisors
Roanoke County Administration Center
5204 Bernard Drive
Roanoke, Virginia 24018
May 10, 1994
The Board of Supervisors of Roanoke County, Virginia, met
this day at the Roanoke County Administration Center, this being the
second Tuesday, and the first regularly scheduled meeting of the month
of May, 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
MEMBERS ABSENT:
Supervisor Harry C. Nickens
STAFF PRESENT:
Elmer C. Hodge, County Administrator; Paul M.
Mahoney, County Attorney; Mary H. Allen, Clerk;
John M. Chambliss, Assistant County Administrator;
Don C. Myers, Assistant County Administrator;
Anne Marie Green, Director, Community Relations
IN RE:
OPENING CEREMONIES
The invocation was given by the Reverend Richard
Harris, Chaplain, Roanoke County Jail. The Pledge of Allegiance
I was recited by all present.
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May 10, 1994
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IN RE: REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF
AGENDA ITEMS
Mr. Mahoney added a request for a resolution approving
a license agreement with Tanglewood Mall for a police substation.
Supervisor Johnson requested that a resolution be
brought to the May 24, 1994 meeting requesting a joint meeting
with the City Council of Roanoke.
IN RE:
NEW BUSINESS
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Reauest for AÐÐroval of Health Insurance Contract
for County and School EmÐlovees. (Diane Hvatt.
Director of Finance)
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A-51094-1
Ms. Hyatt reported that a County and School employee
committee revi~wed the Blue Cross and Blue Shield renewal rates
with the assistance of an outside consultant. The rates which
the team support represents a 25.67% increase in County rates and
a 14.32% decrease in School rates with coverage unchanged. Ms.
Hyatt explained that the decrease in the School premium is the
result of a four-year effort to encourage increased participation
by continually lowering the rates.
The increase in premiums will be paid for by a
combination of additional County funds, use of insurance reserves
and passing along to the employee a $5.94 per month increase for I
single coverage and $14.88 per month for family coverage.
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May 10, 1994
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Ms. Hyatt also presented rates for an employee and one
dependent, but advised that the committee recommended a two-tier
structure, because the family rate would increase substantially.
Supervisor Eddy responded that he still supported the three-tier
health insurance rates.
Human Resources Director Keith Cook described the
current Wellness Program available to County employees.
Supervisor Johnson moved to approve the contract. The
motion carried by the following recorded vote:
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AYES:
NAYS:
ABSENT:
A-51094-2
Supervisors Johnson, KOhinke, Minnix
Supervisor Eddy
Supervisor Nickens
~ Reauest for Funds to Publish a citizens Handbook.
(Anne Marie Green. Community Relations Director)
Ms. Green presented the final draft of the citizens
Handbook and recommended that the staff publish 10,000 copies and
distribute them through free methods such as realtors, libraries,
utility Billing and Voter Registration.
$5,189.
The cost would be
Supervisor Minnix moved to approve funding of $5,189
from the Board Contingency Fund to publish the handbook. The
motion carried by the following recorded vote:
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AYES:
NAYS:
Supervisors Johnson, KOhinke, Minnix, Eddy
None
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290
May 10, 1994
Supervisor Nickens
~ Reauest from the Reaistrar for Additional Fundina
for the Democratic Primary Election. (Elizabeth
Leah. Reaistrar)
ABSENT:
A-51094-3
Ms. Leah reported that funds were not included in the
1993-94 budget for the Democratic Primary Election and the
estimated costs for the primary are $18,055.
Supervisor Minnix moved to approve funding $18,055 from
the Board Contingency Fund. The motion carried by the following
recorded vote:
Supervisors Johnson, Kohinke, Minnix, Eddy
None
Supervisor Nickens
~ Reauest from the circuit court Judaes for Funds to
UDarade the Courtroom Audio Visual System. (Elmer
C. Hodae. County Administrator)
AYES:
NAYS:
ABSENT:
A-51094-4
Mr. Hodge advised that the Circuit Court Judges are
requesting approval of funding to upgrade their audio visual
system which is now over six year old. The cost is $9568.00 and
the judges have agreed to fund the equipment from the Courthouse
Maintenance Fund.
Supervisor Minnix moved to approve funding of $9568.00
from the Courthouse Maintenance Fund. The motion carried by the
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following recorded vote:
AYES:
Supervisors Johnson, Kohinke, Minnix, Eddy
NAYS:
None
ABSENT:
Supervisor Nickens
h
AdoÐtion
of
Resolution
Authorizina
License
Aareement with Tanalewood Mall for a Police Sub-
station. (Police Chief John Cease)
R-51094-5
Chief Cease announced that Tanglewood Mall has offered
space for a Roanoke County Police Department Sub":'station. The
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License agreement will be from May 15 through December 31, 1994
for $1.00. Chief Cease advised that no staff will be located at
the sUb-station, but it will be used for the Business Watch
Coordinator, roll calls, etc.
Supervisor Kohinke moved to adopt the resolution
authorizing the execution of the license agreement.
The motion
carried by the following recorded vote:
AYES:
Supervisors Johnson, Kohinke, Minnix, Eddy
NAYS:
None
ABSENT:
Supervisor Nickens
RESOLUTION 51094-5 AUTHORIZING THE EXECUTION
~F A LICENSE AGREEMENT WITH J. M. KANE & CO.
(TANGLEWOOD MALL) FOR A POLICE SUB-STATION
WHEREAS, Tanglewood Mall has agreed to allow the Police
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Department to use a portion of its property for a Police
Department Sub-Station; and
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May 10, 1994
WHEREAS, a sub-station at this location will
significantly improve the public health, safety, and welfare; and
WHEREAS, the location of a Police Department sub-
station at Tanglewood Mall will benefit the citizens and
taxpayers of Roanoke County.
NOW, THEREFORE, be it resolved by the Board of
Supervisors of Roanoke County, Virginia, as follows:
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1. That a License Agreement dated May 6, 1994, with
J. M. Kane & Co. for 1326 square feet for a term expiring
December 31, 1994 and for the sum of $1.00 is hereby authorized
and approved.
2 . That the County Administrator is authorized to I
execute such documents and take such actions on behalf of Roanoke
County as are necessary to accomplish this transaction, all of
which shall be upon a form approved by the County Attorney.
On motion of Supervisor Kohinke to adopt the
resolution, and carried by the following recorded vote:
AYES: Supervisors Johnson, Kohinke, Minnix, Eddy
NAYS: None
ABSENT: Supervisor Nickens
IN RE: REQUESTS FOR WORK SESSIONS
Mr. Hodge requested that work sessions be set for May
24, 1994 as follows: (1) discussion on fire and rescue studies'
and (2) capital budget.
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May 10, 1994
293
Dr.
Bayes
Wilson,
Superintendent,
Roanoke
County
Schools requested a work session on June 14, 1994 on school
capital projects.
IN RE:
FIRST READING OF ORDINANCES
h
Ordinance ReÐealina ChaÐter 8.
Eros ion and
Sediment Control of the Roanoke County Code and
AdoÐtina a New ChaDter 8.1. Erosion and Sediment
Control. (Arnold Covey. Director of Enaineerina &
InSÐections)
Mr. Covey reported that the General Assembly has
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enacted several amendments to the Code of Virginia relating to
erosion and sediment control and the staff feels they ,are
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, substantial enough to amend the ordinance.
The maj or changes
are: ( 1 )
single family residential construction is not exempt
from erosion and sediment control regulations ¡and (2) allows
civil action to be taken by localities for violations instead of
criminal action. Mr. Covey advised that he had discussed these
with the Homebuilders and they only had three comments.
Paul M. Broadwater, 4506 Rosecrest Road had several
questions regarding excavation cuts; and he also advised that
there was tree damage from the winter storms on a County well
lot. His concerns were forwarded to the staff to review.
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Supervisor Johnson asked that the ordinance be sent to
the larger commercial contractors.
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May 10. 1994
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Supervisor Minnix moved to approve the first reading
and set the second reading and public hearing for May 24, 1994.
The motion carried by the following recorded vote:
AYES: Supervisors Johnson, KOhinke, Minnix, Eddy
NAYS: None
ABSENT: Supervisor Nickens
~ Ordinance Amendina section 21-4. Enhanced
Emeraencv TeleÐhone Tax of the Roanoke County
Code. bv Increasina said Tax from $0.46 Per Month
to $1.06 Per Month. (Paul M. Mahonev. County
Attornev)
Mr. Mahoney advised that at a recent work session, the II
Board directed staff to prepare an ordinance to increase the E911
tax from $0.46 to $1.06. He explained that the ordinance sets
out ~he uses for the tax. There will be a public hearing on May
24 and the ordinance will go into effect on August 1, 1994.
Supervisor Johnson moved to approve the first reading
and set the second reading and public hearing for May 24, 1994.
The motion carried by the following recorded vote:
AYES: Supervisors Johnson, KOhinke, Minnix, Eddy
NAYS: None
ABSENT: Supervisor Nickens
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Ordinance Declarina a Parcel of Real Estate
Identified as Tax MaÐ No. 27.10-3-10 Located on
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295
Memorv Lane and Known as Tinker Knoll Well Lot in
the Hollins Maaisterial District to be SurÐlus and
AcceÐtina/Reiectina an Offer for the Sale of Same.
(John D. Willey. ProÐertv Manaaer)
Mr. Willey reported that an adj oining property owner
wishes to purchase this unbuildable well lot which is 25 feet
wide and 90 feet long. Mr. Mahoney advised that the staff did
not advertise this property but notified all surrounding property
owners.
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Supervisor Johnson moved to approve the first reading
and set the second reading and public hearing for May 24, 1994.
The motion carried by the following recorded vote:
AYES: Supervisors Johnson, KOhinke, Minnix, Eddy
NAYS: None
ABSENT: Supervisor Nickens
IN RE:
SECOND READING OF ORDINANCES
h Ordinance Amendina Ordinance 21192-6 Authorizing'
the Lease of Real Estate. a Portion of the Old
Starkey Sewaae Treatment Plant ProDertv. to the
Valley Soccer Club. Inc. (John Chambliss.
Assistant County Administrator)
0-51094-6
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There was no discussion.
adopt
the
ordinance.
The motion
Supervisor Minnix moved to
carried by the following
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May 10, 1994
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recorded vote:
AYES:
Supervisors Johnson, Kohinke, Minnix, Eddy
NAYS:
None
ABSENT:
Supervisor Nickens
ORDINANCE 51094-6 AMENDING ORDINANCE 21192-6
AUTHORIZING THE LEASE OF REAL ESTATE, A
PORTION OF THE OLD STARKEY SEWAGE TREATMENT
PLANT PROPERTY, TO THE VALLEY SOCCER CLUB,
INC.
BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That pursuant to the provisions of § 18.04 of the
Roanoke County Charter, a first reading concerning amending the
lease of a portion (Area 2) of the Old Starkey Sewage Treatment
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Plant as shown on Exhibit "A" attached to this ordinance was held
on April 26, 1994. The second reading on this matter was held on
May 10, 1994.
2. That it is in the County's best interests to amend
Ordinance 21192-6 as follows:
a. That the Lease Agreement made and entered
into the 22nd day of March, 1993, by and between the County and
the Tenant for the real estate located at 6661 Merriman Road
consisting of approximately 14.51 acres is hereby terminated and
extinguished.
b. That the Tenant is relieved from its
obligation to construct three regulation youth outdoor soccer I
fields on this property.
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297
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c.
That for a period of ten years from the date
it is expressly understood that the subj ect
used exclusively for soccer and related
of this agreement,
property shall be
activities.
d. That, subject to County review and approval,
Southwest County Soccer Club retains the right to construct and
operate the concession, restroom and other related facilities on
said property.
e. That the effective date for the termination
and extinguishment of all other provisions of the aforesaid Lease
Agreement shall be May 1, 1994.
3. That subject to an appropriation of $144,500 from
the 1992 Bond referendum proceeds by the Board of Supervisors of
Roanoke County, Virginia, the County intends to exercise its best
efforts to construct and develop four soccer fields and parking
therefor, and to provide outdoor lighting for two of said soccer
fields. This proposed construction is subject to an
appropriation of funds by the Board of Supervisors of Roanoke
County, Virginia, and actual construction costs may result in
fewer facilities and improvements being constructed on this
property.
4. That the County Administrator is authorized to
execute such documents and take such actions on behalf of Roanoke ,
County as are necessary to accomplish this transaction, all of
which shall be upon a form approved by the County Attorney
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298
May 10, 1994
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On motion of Supervisor Minnix to adopt the ordinance,
and carried by the following recorded vote:
AYES:
NAYS:
ABSENT:
0-51094-7
Supervisors Johnson, Kohinke, Minnix, Eddy
None
Supervisor Nickens
~ Ordinance Authorizina the Execution of a Deed of
Easement Between Roanoke County and the ci tv of
Roanoke to Facilitate the Construction bv the City
of a Water Line Alona Granville street.
(Paul
Mahonev. County Attornev)
There was no discussion.
Supervisor Johnson moved to
adopt the ordinance.
The motion carried by the following
recorded vote:
AYES:
NAYS:
ABSENT:
Supervisors Johnson, Kohinke, Minnix, Eddy
None
Supervisor Nickens
ORDINANCE 51094-7 AUTHORIZING THE EXECUTION OF A DEED
OF EASEMENT BETWEEN ROANOKE COUNTY AND THE CITY OF
ROANOKE TO FACILITATE THE CONSTRUCTION BY THE CITY OF A
WATER LINE ALONG GRANVILLE STREET IN THE HOLLINS
MAGISTERIAL DISTRICT
County, Virginia, as follows:
BE IT ORDAINED by the Board of Supervisors of Roanoke
1. That pursuant to the provisions of section 16.01
of the Charter of Roanoke County, the subject property is hereby
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May 10, 1994
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declared to be surplus and is being made available for other
public uses; and
2. That pursuant to the provisions of Section 18.04
of the Charter of Roanoke County, a first reading and public
hearing was held on April 26, 1994; and a second reading was held
on May 10, 1994, concerning the conveyance of a 30' wide
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permanent water line easement and two 10' wide temporary
construction easements along a 50' wide unimproved street known
as "Granville street" to the City of Roanoke; and
3. That the County Administrator is authorized to
execute such documents and take such actions on behalf of Roanoke
County as are necessary to accomplish the conveyance of said
easement, all of which shall be upon form approved by the County
Attorney.
On motion of Supervisor Johnson to adopt the ordinance,
and carried by the following recorded vote:
AYES: Supervisors Johnson, Kohinke, Minnix, Eddy
NAYS: None
ABSENT: Supervisor Nickens
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Ordinance Authorizina a SÐecial Use Permit to
Erect a Broadcastina Tower. Located .4 Mile North
of Intersection of Bent Mountain Road and AirÐoint
Drive. Windsor Hills Maaisterial District. UDon
the Petition of Century Roanoke Cellular CorD.
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May 10, 1994
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(Terrv Harrinaton. Director of Plannina , Zonina)
(CONTINUED FROM APRIL 26. 1994)
0-51094-8
Mr. Harrington advised that after the April 26 Board
meeting the applicant proposed that a 40 foot high telephone pole
be temporarily installed on the site. The telephone pole was
inspected by the staff on May 5. The applicant later decided that
they needed only to construct a 30 foot high pole with two five-
foot whip antennas and that the microwave dish would be
eliminated. The petitioner has modified his proposal
accordingly.
Ed Natt, attorney for the petitioner advised that the I
applicant had reduced the size of the pole, removed the dish, and
changed the type of antennae. He explained that the site was
chosen because of the area served by Cellular One in Roanoke.
The following citizens spoke in support of Cellular
One's request:
1. Sherry Fisher, 10458 Bent Mountain Road
2. Larry Van Deventer, 7793 Bent Mountain Road
3. Roger Vest, 7892 Five Oaks Road
The following citizens spoke in opposition to the
request:
1. Karen Scott, 8443 Poor Mountain Road
2. Chuck Repede, 10513 Bottom Creek Road
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May 10, 1994
301
Mr.
Harrington and Mr. Hodge advised that they now
support the request because the microwave dish has been removed.
Supervisor Eddy requested that the conditions be
amended so that there would be no additional antennae al~owed and
there would be no permanently installed exterior lights at the
site.
Supervisor Kohinke moved to adopt the ordinance with
the addi tional condi tions requested by Supervisor Eddy. The
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motion carried by the following recorded vote:
AYES: Supervisors Johnson, Kohinke, Minnix
NAYS: Supervisor Eddy
ABSENT: Supervisor Nickens
ORDINANCE 51094-8 GRANTING A SPECIAL USE
PERMIT TO CENTURY ROANOKE CELLULAR CORP. TO
ERECT A BROADCASTING TOWER LOCATED .4 MILE
NORTH OF THE INTERSECTION OF BENT MOUNTAIN
ROAD AND AIRPOINT DRIVE (TAX MAP NOS. 103.00-
1-35 AND 34), WINDSOR HILLS MAGISTERIAL DIS-
TRICT
WHEREAS, Century Roanoke Cellular Corp. has filed a
peti tion to erect a broadcasting tower to be located .4 mile
north of the intersection of Bent Mountain Road and Airpoint
Drive in the Windsor Hills Magisterial District; and
WHEREAS, the Planning Commission held a public hearing
on this matter on April 5, 1994; and
WHEREAS, the Board of Supervisors of Roanoke County,
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Virginia, held a first reading on this matter on March 22, 1994i
the second reading and public hearing on this matter was held on
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May 10, 1994
April 26, 1994, and continued to May 10, 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 erect a broadcasting tower to be located .4
mile north on the intersection of Bent Mountain Road and Airpoint
Drive 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 Cellular One to erect a broadcasting tower to be located .4
,mile north on the intersection of Bent Mountain Road and Airpoint
Dri ve in th.e Windsor Hills Magisterial District subj ect to the
following amended conditions:
(1) There will be one tower (pole) with the
height limited to 35 feet consisting of one
pole 30 feet above the ground and two 5-foot
whip antennae , ï.j~¡~:¡~~~:~lï:¡:!I1Liiªë:ælmã~iÆl~l¡:¡iil.ñi~!
a1;"~¡:j~¡~~ij¡¡¡~:II::~~i~m~;f¡1
(2) The site shall be cleaned up of debris prior
to issuance of a building permit and the area
will be maintained by the applicant.
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May 10, 1994
303
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On motion of Supervisor Johnson to adopt the ordinance
with additional conditions as requested by Supervisor Eddy, and
carried by the following recorded vote:
AYES: Supervisors Johnson, KOhinke, Minnix
NAYS: Supervisor Eddy
ABSENT: Supervisor Nickens
IN RE:
APPOINTMENTS
h Board of Zonina AÐÐeals
Ms. Allen was directed to contact James Harrison to
determine if he wished to serve another term.
~ Fifth Planninq District Commission
Ms. Allen was directed to contact Steve Garrett to
determine if he wished to serve another term.
~ Hiahwav and TransDortation Safety Commission
Supervisor Eddy nominated Captain Charles Compton to
serve a four-year term which will expire June 30, 1998.
Supervisor Eddy nominated Jeff Echols to fill the
unexpired term of Fred Altizer which will expire June 30, 1995.
Ms. Allen was directed to contact William Rosebro to
determine if.he wished to serve another term.
_~ Parks and Recreation Advisorv Commission
Supervisor Kohinke nominated Wayne Gauldin and Michael
Walthall to serve another three-year term. Both terms will
expire June 30, 1997.
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May 10, 1994
Supervisor Johnson nominated Richard Cox to serve
another three-tear term which will expire June 30, 1997.
Supervisor Johnson nominated Tim Hoelzle to complete
the unexpired term of Rita Watson whose term will expire June 30,
1995.
Supervisor Eddy nominated Paul Bailey to serve another
three-year term which will expire June 30, 1997.
h Virainia Western Community Colleae Board
Supervisor Johnson nominated Mrs. F. P. Bullington, and
Supervisor Kohinke nominated Richard L. (Jyke) Jones.
Supervisors Johnson and Kohinke were asked to provide
resumes for their nominees by the May 24, 1994 Board meeting.
IN RE:
CONSENT AGENDA
R-51094-9
Supervisor
Johnson moved to
adopt
the
Consent
Resolution after discussion of Item 1, 2, and removal of items 3
and 4. The motion carried by the following recorded vote:
AYES: Supervisors Johnson, Kohinke, Minnix, Eddy
NAYS : None
ABSENT: Supervisor Nickens
RESOLUTION 51094-9 APPROVING AND CONCURRING
IN CERTAIN ITEMS SET FORTH ON THE BOARD OF
SUPERVISORS AGENDA FOR THIS DATE DESIGNATED
AS ITEM J - CONSENT AGENDA
BE IT RESOLVED by the Board of Supervisors of Roanoke
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. May 10, 1994
305
County, Virginia, as follows:
1. That the certain section of the agenda of the Board
of Supervisors for May 10, 1994, designated as Item J - Consent
Agenda be, and hereby is, approved and concurred in as to each
item separately set forth in said section designated Items 1
through 5, inclusive, as follows:
1. Request for Authorization to Initiate a Water
Project for the Red Lane Area.
2. Request for Approval of Funding for a Preliminary
Engineering study as a Result of a citizen
Peti tion to Provide Public Water Service to the
Clearbrook Area.
3.
Request from the Virginia Department of
Transportation for a Resolution of Support for
Yellow Mountain Road Project.
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4.
Request from the Virginia Department of
Transportation for a Re~olution of Support for
Cresthill Bridge and Approach Project.
5. Request for Acceptance of 0.18 Miles of Peregrine
Crest Circle into the Virginia Department of
Transportation Secondary System.
2. That the Clerk to the Board is hereby authorized
and directed where required by law to set forth upon any of said
items the separate vote 'tabulation for any such item pursuant to
this resolution.
On motion of Supervisor Johnson to adopt the Consent
Resolution after discussion of Items 1 and 2, and removal of
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Items 3
AYES:
NAYS:
and 4, and carried by the following recorded vote:
Supervisors Johnson, Kohinke, Minnix, Eddy
None
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May 10, 1994
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ABSENT:
Supervisor Nickens
On motion of Supervisor Johnson to adopt Item 3 with
changes to the resolution, and carried by the following recorded
vote:
AYES:
Supervisors Johnson, Kohinke, Minnix, Eddy
NAYS:
None
ABSENT:
Supervisor Nickens
On motion of Supervisor Johnson to adopt Item 4 with
changes to the resolution, and carried by the following recorded
vote:
AYES:
Supervisors Johnson, KOhinke, Minnix, Eddy
NAYS:
None
ABSENT:
Supervisor Nickens
RESOLUTION 51094-9.c REQUESTING ACCEPTANCE OF PEREGRINE
CREST CIRCLE INTO THE VIRGINIA DEPARTMENT OF
TRANSPORTATION SECONDARY ROAD SYSTEM
BE IT RESOLVED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That this matter came this day to be heard upon
the proceedings herein, and upon the application of 0.18 miles of
Peregrine Crest Circle from the intersection of Fox Ridge Road
(Route 1420) to the cul-de-sac to be accepted and made a part of
the Secondary System of State Highways under section 33.1-229 of
the Virginia state Code.
2 . Tha tit
to
that
drainage
the
Board
appears
easements and a fifty (50) foot right-of-way for said road have
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307
heretofore been dedicated by virtue of a certain map known as
Hunting Hills, Section 21 Subdivision which map was recorded in
Plat Book 10, Page 146, of the records of the Clerk's Office of
the Circuit Court of Roanoke County, Virginia, on July 1, 1994,
and that by reason of the recordation of said map no report from
a Board of Viewers, nor consent or donation of right-of-way from
the
abutting property owners is necessary.
The Board hereby
guarantees said drainage easements and a fifty (50) foot right-
of-way for streets.
3. That said road known as Peregrine Crest Circle and
which is shown on a certain sketch accompanying this Resolution,
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be, and the same is hereby established as a public road to become
a part of the State Secondary System of Highways in Roanoke
County, only from and after notification of official acceptance
of said street or highway by the Virginia Department' of
Transportation.
On motion of Supervisor Johnson to adopt the
resolution, and carried by the following recorded vote:
AYES:
Supervisors Johnson, Kohinke, Minnix, Eddy
NAYS:
None
ABSENT:
Supervisor Nickens
RESOLUTION 51094-10 APPROVAL AND SUPPORT OP THE
VIRGINIA DEPARTMENT OF TRANSPORTATION'S PROJECT 0668-
080-229,C501, YELLOW MOUNTAIN ROAD.
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WHEREAS, the Virginia Department of Transportation held
a location and design public hearing on March 16, 1994 for the.
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May 10, 1994
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purposes of discussing the proposed improvements to Yellow
Mountain Road project; and
WHEREAS, the Board of Supervisors does hereby approve
and support the improvements as proposed to Yellow Mountain and
as outlined in Roanoke County's six Year Construction Plan for
Fiscal Year 1994-2000.
NOW, THEREFORE, BE IT RESOLVED that a copy of this
resolution duly attested be forthwith forwarded to the Virginia
Department of Transportation Salem Residency Office by the Clerk
to the Board of Supervisors.
On motion of Supervisor Johnson to adopt the
AYES:
Supervisors Johnson, KOhinke, Minnix, Eddy
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resolution, and carried by the following recorded vote:
NAYS:
None
ABSENT:
Supervisor Nickens
RESOLUTION 51094-11 REQUESTING APPROVAL AND SUPPORT OF
THE VIRGINIA DEPARTMENT OF TRANSPORTATION'S PROJECT
1658-080-223,C501,B667, CRESTHILL DRIVE
WHEREAS, the Virginia Department of Transportation held
a location and design public hearing on April 21, 1994 for the
purposes of discussing the proposed improvements to Cresthill
Drive project; and
Whereas, the Board of Supervisors does hereby approve and
support the improvements as proposed to Cresthill Drive and as
outlined in Roanoke County's six Year Construction Plan for II
Fiscal Years 1994-2000.
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NOW, Therefore, BE IT RESOLVED that a copy of this
resolution duly attested be forthwith forwarded to the Virginia
Department of Transportation Salem Residency Office by the Clerk
to the Board of Supervisors.
On motion of Supervisor Johnson to adopt the
resolution, and carried by the fOllowing recorded vote:
AYES: Supervisors Johnson, Kohinke, Minnix, Eddy
NAYS: None
ABSENT: Supervisor Nickens
IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS
Supervisor Johnson: (1) He asked that a resolution be
brought to the May 24, 1994 meeting requesting a joint meeting
wi th the ci ty of Roanoke after the new council members take
office in July. (2) He asked that Brian Duncan be recognized at
a future meeting for his efforts on behalf of the Tour DuPont.
Supervisor Kohinke: (1) He thanked Fire and Rescue
Chief Fuqua for getting him information on a possible joint
control burning of storm related brush. (2) He thanked Dr.
Bayes Wilson for lunch at Hidden Valley School. (3) He thanked
and complimented Chief Cease on the recent Open House held at the
Police Department. (4) He asked about the status of a drainage
complaint at the Forensic Lab. Mr. Hodge will bring back a
report at the May 24, 1994 meeting.
Supervisor Minnix: (1) He thanked Dr. Bayes Wilson
for his year~ as Superintendent of County Schools and wished him
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well. He pledged his support for the new superintendent, Dr.
Deanna Gordon.
Supervisor Eddv: (1) He advised that the Virginia
Association of Counties is asking for suggestions for proposed
legislation by June 14. He asked that Board members send their
requests to Paul Mahoney. (2) He asked Mr. Hodge to introduce
the new Building Commissioner at the next meeting. (3) He asked
for a report from Brian Duncan on the Tour DuPont at the May 24,
1994 meeting.
IN RE:
REPORTS
Supervisor Minnix moved to receive and file the II
following reports. The motion carried by a unanimous voice vote
with Supervisor Nickens absent.
h General Fund UnaÐÐroÐriated Balance
~ caÐital Fund UnaÐÐrOÐriated Balance
~ Board Continaencv Fund
~ Fire and Rescue Reaction/ResDonse Times for the
Month of March 1994.
~ ReÐort on Use of Bond Monev for Elevator at
Burlinaton Elementarv School.
IN RE:
RECESS
Chairman Eddy declared a five-minute recess at 5: 10
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p.m.
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IN RE:
BUDGET
h County Budaet Work session
Mr. Hodge and Budget Manager Brent Robertson presented
answers to questions that were raised at the April 26 Budget Work
Session.
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Following discussion, it was the consensus of the Board
to: (1) support the County share of funding for the County Health
Department Dental Program; (2) support the County share of
funding for an additional judge; (3) set 3% across the Board
raise on July 1, 1994, and (4) set aside .8% for merit increases
at evaluations.
Mr. Hodge was directed to bring back more information
on the request for additional fire and rescue personnel for
Vinton.
It was decided that the Board members would advise at
the May 24, 1994 meeting whether or not they wished to continue
membership in the Virginia Municipal League.
Supervisors Johnson and Eddy requested that funding for
the opticom System from the 9-1-1 tax be added to the Legislative
Program.
Mr. Hodge was directed to get the total advertising
budget frQm the Roanoke Valley Convention and Visitors Bureau.
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IN RE:
REGULAR SESSION
At 5:55 p.m. Supervisor Minnix moved to return to
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regular session.
The motion carried by a unanimous voice vote
with Supervisor Nickens absent.
~ Reauest for AÐÐroval of the Fiscal Year 1994-95
Roanoke County School Budaet. (Brent Robertson.
Budaet Manaaer)
R-51094-12
Supervisor Johnson moved to approve the school budget
as recommended by the County Administrator.
The motion carried
by the following recorded vote:
AYES:
Supervisors Johnson, KOhinke, Minnix,Eddy
ABSENT:
Supervisor Nickens
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NAYS:
None
RESOLUTION 51094-12 APPROVING THE FISCAL YEAR
1994-1995 BUDGET FOR THE COUNTY SCHOOL BOARD
FOR ROANOKE COUNTY, VIRGINIA
WHEREAS, Section 22.1-93 of the Code of Virginia, 1950,
as amended, provides that the governing body of the county shall
prepare and approve an annual budget for educational purposes;
and,
WHEREAS, said budget shall be prepared and approved for
informative and fiscal planning purposes only; and,
WHEREAS, a brief synopsis of said budget was published
as required by the provisions of section 15.1-162 of the State
Code, and the public hearing as required thereon was held on I
April 26, 1994.
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NOW THEREFORE, BE IT RESOLVED, by the Board of
Supervisors of Roanoke County, Virginia:
1) That there is hereby approved the annual budget
for Fiscal Year 1994-1995 for the educational purposes of the
County School Board for Roanoke County, Virginia, as follows:
Summary of Revenues
School Operating:
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State Sales Tax
Disparity Funding
Other state Revenue
Federal Revenue
Local Appropriation
Beginning Balance
Other
TOTAL SCHOOL OPERATING
Cafeteria
Grants
Textbook
Capital
Bus
TOTAL SCHOOL REVENUES
Summary of EXDenditures
School Operating
Cafeteria
Grants
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Textbooks
Capital
ADOPTED
FY 1993-94
BUDGET
PROPOSED
FY 1994-95
BUDGET
$ 6,411,000 $ 6,823,468
-0- 145,062
26,309,299 26,769,270
142,368 138,800
34,231,440 37,563,192
450,318 - 0 -
590.980 368.392
68,135,405 71,808,184
2,880,000 2,945,000
2,298,023 1,874,493
693,975 695,726
149,517 -0-
90.318 -0-
$74.247.238 $77.323.403
$68,135,405 $71,808,184
2,880,000 2,945,000
2,298,023 1,874,493
693,975 695,726
149,517 -0-
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Bus
90.318
-0-
TOTAL SCHOOL
EXPENDITURES
$74.247.238
$77.323.403
2) That the preparation and approval of this budget is for
informative and fiscal planning purposes only.
On motion of Supervisor Johnson to adopt the resolution, and
carried by the following recorded vote:
AYES:
Supervisors Johnson, Kohinke, Minnix, Eddy
NAYS:
None
ABSENT:
Supervisor Nickens
IN RE:
EXECUTIVE SESSION
At 6:10 p.m., Supervisor Minnix moved to go into
Executive Session pursuant to the Code of Virginia Section 2.1-
344 A (7) Consultation with Legal Counsel and Briefings by Staff
Members Pertaining to Probable Litigation, Condemnation of
Easements Across Real Estate Owned by LaPlace, Austin, Wimmer and
Sears for the w~ter Transmission Line Project; 2.1-344 A (7)
Pending Litigation by 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 EXECUTIVE SESSION
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R-51094-13
At 6:35 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, Eddy
NAYS:
None
ABSENT:
Supervisor Nickens
RESOLUTION 51094-13 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
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,
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and
2."
Only such public business matters as, were
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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, Eddy
NAYS:
None
ABSENT:
Supervisor Nickens
IN RE:
OLD BUSINESS (CONTINUED FROM APRIL 26, 1994)
h Resolution for the consideration of Acauisition bv
Condemnation of Easements Across ProÐertv Owned bv
Roaer LaPlace and Suzanne S. LaPlace. and Merriman
Sears for the Water Transmission Line proiect.
R-51094-14
Supervisor Minnix moved to adopt the resolution which
would authorize condemnation proceedings against those listed in
the resolution.
The motion carried by the following recorded
vote:
AYES:
Supervisors Johnson, Kohinke, Minnix, Eddy
NAYS:
None
ABSENT:
Supervisor Nickens
RESOLUTION 51094-14 PURSUANT TO SECTION 15.1-238(E) OF
THE CODE OF VIRGINIA, 1950, AS AMENDED, AUTHORIZING THE
ACQUISITION OF AN EASEMENT THROUGH SEPARATE PARCELS OF
LAND OWNED BY MERRIMAN SEARS, AND ROGER AND SUZANNE S.
LAPLACE FOR THE WATER TRANSMISSION LINE PROJECT
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Following a public hearing of the Board of Supervisors
of Roanoke County on Tuesday, April 26, 1994, at 7:00 p.m., after
due notice to the public, this Board makes the following findings
of fact and adopted the following resolution:
BE IT RESOLVED by the board of Supervisors of Roanoke
County, Virginia, as follows:
1. That the Water Transmission Line Project has been
approved to provide a source of water for the citizens of Roanoke
County.
2. That the proj ect is necessary for the general
health, safety and welfare of the public, and specifically will
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provide a long-term water source in Roanoke County.
3. That acquisition of an interest in certain parcels
of land, described below, is necessary for construction of water
transmission lines from the Roanoke County Water Treatment Plant
to southwest Roanoke County.
4 . In order to complete this proj ect, the County
needs to acquire an interest in the properties described below:
(a) OWNER: Merriman Searsi
PROPERTY DESCRIPTION: Parcel of land located near
Hidden Woods Drive, Roanoke County, Virginia (Roanoke
County Tax Map No. 66.00-01-07.)
See attached plat identified as "EXHIBIT B" showing
water easement and temporary construction easement to be acquired
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from Merriman Sears.
(b) OWNER:
Roger LaPlace and Suzanne S. LaPlacei
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Property description: Parcel of land located near
Whippoorwill Lane in Roanoke County, Virginia
(Roanoke County Tax Map No. 74.00-01-40.
See attached plat identified as "EXHIBIT D" showing
water easements and temporary construction easement to be
acquired from Roger LaPlace and Suzanne S. LaPlace.
5. That the fair market value of the interest in the
property to be taken and damages to the residue of such property,
if any, is as follows:
PROPERTY OWNER
FAIR MARKET VALUE
AND DAMAGES. IF ANY
Merriman Sears
$5,983.00
Roger LaPlace
and Suzanne S. LaPlace
$ 414.00
6. That each of the landowners have been offered the
amounts listed in paragr~ph 5 above for an interest in their
property and that each offer was refused by the landowners.
Therefore, the only feasible way of acquiring the land described
above is by condemnation.
7. That it is necessary for the County to immediately
enter upon and take possession of the properties described above
and commence construction of such water transmission lines and
any other appurtenances to the water supply system in order to
more adequately serve the needs of the citizens of Roanoke County
and to institute and conduct appropriate condemnation proceedings
as to the above-described property as provided by law and by this
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resolution the County hereby states its intent to do so.
8. That pursuant to the provisions of Section 15.1-
238(E) of the Code of Virginia, 1950, as amended, the Board finds
that it is necessary to be vested with those powers granted the
Commonwealth Transportation Commissioner pursuant to Sections
33.1-119 through 33.1-129, both inclusive, in order to enter upon
the property to be condemned prior to or during the condemnation
proceeding for the construction of water transmission lines and
any other appurtenances to the water supply system as described
above.
9. That the Roanoke County Board of Supervisors
hereby condemn the interest in the properties shown on Exhibit B
and D attached hereto and made a part of this resolution and
authorizes the County Administrator and the County Attorney to
sign all papers and documents necessary to this end on behalf of
the County.
10. That the Roanoke County Board of Supervisors shall
in accordance with Section 15.1-238(E) of the 1950 Code of
Virginia, as amended, be vested with those powers granted to the
Commonwealth Transportation Commissioner pursuant to Section
33.1-119 through 33.1-129, both inclusive, in order to enter upon
and take. the condemned property prior to or during the
condemnation proceeding so that the construction and maintenance
of the water transmission lines as described above may be
commenced immediately the Board of Supervisors shall perform the
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duties and functions required of the Commonwealth Transportation
Commissioner in such statutes.
11. That notice of this condemnation setting forth the
compensation offered shall be sent by certified mail to the
landowners as described above on or before May 17, 1994.
12. That the law firm of Martin, Hopkins & Lemon, P.C.
shall be the duly authorized agent and attorney for the County
for the purpose of instituting condemnation proceedings and the
handling of the acquisition of these properties for the County.
On motion of Supervisor Minnix to adopt the resolution,
and carried by the following recorded vote:
AYES:
Supervisors Johnson, KOhinke, Minnix, Eddy
NAYS:
None
ABSENT:
Supervisor Nickens
IN RE:
ADJOURNMENT
At 6:40 p.m., Supervisor Johnson moved to adjourn. The
motion carried by a unanimous voice vote with Supervisor Nickens
absent.
Submitted by,
Approved by,
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Mary H. Allen, CMC
Clerk to the Board
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