HomeMy WebLinkAbout10/11/1994 - Regular
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October 11, 1994
735
Roanoke county Board of Supervisors
Roanoke County Administration Center
5204 Bernard Drive
Roanoke, Virginia 24018
October 11, 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 October, 1994.
IN RE:
CALL TO ORDER
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Chairman Eddy called the meeting to order at 3:06 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 John M. Chambliss, Jr.,
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October 11, 1994
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Assistant County Administrator.
recited by all present.
The Pledge of Allegiance was
IN RE: REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF
AGENDA ITEMS
Chairman Eddy added the following items to the
Executive Session: 2.1-344 (A) (5) to discuss the location of a
prospective business or industry; (3) to discuss the disposition
of publicly held real estate, namely Ogden Center; and (3) to
discuss the disposition of publicly held real estate located in
the City of Salem.
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IN RE:
NEW BUSINESS
~ Resolution ADDrOvinq and Authorizinq the Execution
of the Reqional Sewaqe Treatment Contract on
Behalf of the County of Roanoke with the City of
Roanoke. the city of Salem. the County of
Botetourt. and the Town of vinton. (Paul Mahoney.
County Attornev)
R-l01194-1
Mr. Mahoney advised that in August 1993, the five
participating localities agreed in principle to a new contract to
replace the existing 1972 contract and how the costs for the
necessary capital improvements would be shared. A draft of the II
contract was presented to the Board and there have been several
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OCtober 11, 1994
737
changes since.
Mr. Mahoney advised that all other locali ties
have approved the contract.
In response to questions, Mr. Hodge advised that staff
was still working on minor changes to the contract such as
grammar and wording.
Mr. Hodge thanked stewart Lassi ter , a
consultant who was hired by four of the localities to negotiate
the contract with Roanoke city.
Following discussion there was
Board consensus that all three phases should begin at the same
time.
Mr. Mahoney responded that he would request additional
language in the contract regarding the time frame.
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Supervisor Johnson moved to adopt the resolution
authorizing execution of the contract. The motion carried by the
following recorded vote:
AYES:
Supervisors Johnson, KOhinke, Minnix, Nickens, Eddy
NAYS:
None
RESOLUTION 101194-1 APPROVING AND AUTHORIZING THE
EXECUTION OF THE REGIONAL SEWAGE TREATMENT CONTRACT ON
BEHALF OF THE COUNTY OF ROANOKE WITH THE CITY OF
ROANOKE, THE CITY OF SALEM, THE COUNTY OF BOTETOURT AND'
THE TOWN OF VINTON
WHEREAS, the parties to this contract desire to protect
the health and well-being of their citizens, the community and
its environment, and to dispose of the waste by-products of the
community in a safe and efficient manner sharing costs and
II benefits; and,
WHEREAS, the parties agree that it is necessary to
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October 11, 1994
upgrade and expand the regional sewage plant and interceptors, to
provide for the mutual sharing of the capital funding for this
expansion and upgrade, and to establish the necessary
relationships between the parties for the operation, maintenance,
capacity allocation, and future needs of these joint use
facilities; and,
WHEREAS, certain agreements executed in 1972 must be
amended to accomplish the upgrade and expansion of these joint
use facilities.
NOW THEREFORE, BE IT RESOLVED, by the Board of
Supervisors of Roanoke county, Virginia:
1. T~at the contract between the City of Roanoke, the
County of Botetourt, the County of Roanoke, the City of Salem and
the Town of Vinton, which provides for the upgrade and expansion
of the regional sewage treatment plant and interceptor lines, the
sharing of capital funding, and the establishment of the
necessary relationships between the parties for the operation,
maintenance, capacity allocation, and future needs of these joint
use facilities, is hereby accepted and approved.
2. That the Chairman of the Board of Supervisors is
hereby authorized to execute this contract on behalf of the
citizens and Board of Supervisors of the County of Roanoke,
subject to the review and approval of the final contract by the
County Administrator and County Attorney.
3. That the Clerk to the Board of Supervisors is
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October 11~ 1994
731)
directed to mail a certified copy of this resolution to the
Clerks for the City Councils of the City of Roanoke and the City
of Salem, the Town Council for the Town of vinton and the Board
of Supervisors of the County of Botetourt.
On motion of Supervisor Johnson to adopt the
resolution, and carried by the following recorded vote:
AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy
NAYS: None
L.
Request for Aooroval to Transfer Bond Funds to
Schools for Land Acquisition. (John Chambliss.
Assistant County Administrator)
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A-101194-2
Mr. Chambliss reported that the 1993 General Obligation
Bonds included $750,000 for a new Cave Spring High School site in
the County portion of the bonds. On August 25, the School Board
authorized the exercise of an option on the purchase of 11.10
acres in the amount of $130,000. Mr. Chambliss requested that
the Board reappropriate $130,000 from the County portion of the
1993 bond proceeds to the School portion of the proceeds for the
purchase of land.
Supervisor Nickens advised that he would not support
this issue until there was a master land plan for Cave Spring
I High School.
Supervisor Minnix moved to approve the request. The
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October 11, 1994
motion carried by the following recorded vote:
AYES: Supervisors Johnson, Kohinke, Minnix, Eddy
NAYS: Supervisor Nickens
h Request for Funds to Imolement a williamson Road
community Desiqn Master Plan. (Terry Harrinqton.
Director of Planninq , Zoninq)
A-101194-3
Mr. Harrington advised that County staff has been
working with property owners, business owners, representatives of
Hollins College and residents of the Williamson Road area to
discuss the character of the road improvements currently
underway, and to discuss ways to improve the visual image of the
corridor. Discussions have focused on parking lot treatments,
building facades, site landscaping and signage. Mr. Harrington
advised that the participants in the process recommended the
preparation and implementation of a master plan design for the
areas along Williamson Road from its intersection with Peter's
Creek Road extending to the Botetourt County Line. The
estimated cost of the plan would not exceed $20,000 which could
be funded from the Board Contingency Fund.
Speaking in support of the project were Roger Dalton,
3353 Fleetwood Avenue, Executive Director of the Williamson Road
Business Men's Association, and Mike Bailey, 7307 Williamson
Road, business owner on Williamson Road.
Supervisor Johnson moved to approve the plan with
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October 11. ·1994
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$20,000
funding from the Board Contingency Fund.
The motion
carried by the following recorded vote:
AYES:
Supervisors Johnson, KOhinke, Minnix, Nickens, Eddy
NAYS:
None
IN RE:
PUBLIC HEARINGS
~ Public Hearinq and Adootion of a Resolution On the
Issuance of General Obliqation School Bonds in the
Estimated Maximum Amount of $3.200.000 to Finance
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Certain caoital proiects for School Purooses.
(Diane Hyatt. Finance Director)
R-101194-4
Ms. Hyatt advised that the Board of Supervisors
approved application to the Virginia Public School Authority for
$3,200,000 of School bonds on August 23, 1994.
As part of the
closing procedures, the Board is required to hold a public
hearing on the sale and adopt a resolution to be submitted to the
VPSA.
Ms. Hyatt explained that there was no fiscal impact for
debt service during the current budget year and funds will be
included in the FY ì995-96 budget to pay for future debt service.
No citizens spoke on this issue.
Supervisor Johnson
moved to adopt the resolution.
The motion carried by the
following recorded vote:
AYES:
Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy
NAYS:
None
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October 11, 1 994
RESOLUTION 101194-4 AUTHORIZING THE ISSUANCE OF
$3,200,000 GENERAL OBLIGATION SCHOOL BONDS OF THE
COUNTY OF ROANOKE, VIRGINIA TO BE SOLD TO THE VIRGINIA
PUBLIC SCHOOL AUTHORITY AND PROVIDING FOR THE FORM AND
DETAILS THEREOF
WHEREAS, the Board of Supervisors (the "Board") of the
County of Roanoke, Virginia (the "County") has determined that it
is necessary and expedient to borrow not to exceed $3,200,000 and
to issue its general obligation school bonds to finance certain
capital projects for school purposes.
WHEREAS, the County has held a public hearing, after
due publication of notice, in accordance with section 15.1~227.8,
Code of Virginia of 1950, as amended (the "Virginia Code") on
October 11, 1994 on the issuance of school bonds in the amount of
$3,200,000.
WHEREAS the School Board of the County has requested by
resolution the Board to authorize the issuance of the Bonds (as
defined below) and has consented to the issuance of the Bonds.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF
SUPERVISORS OF THE COUNTY OF ROANOKE, VIRGINIA:
1. Authorization of Bonds and Use of Proceeds.
The Board hereby determines that it is advisable to contract a
debt and to issue and sell general obligation school bonds of the
County in an aggregate principal amount not to exceed $3,200,000
(the "Bonds") for the purpose of financing certain capital
projects for school purposes.
The Board hereby authorizes the
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October 11, 1994
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issuance and sale of the Bonds in the form and upon the terms
established pursuant to this Resolution.
2. Sale of the Bonds. It is determined to be in
the best interest of the County to accept the offer of the
Virginia Public School Authority (the "VPSA") for the VPSA to
purchase from the County, and to sell to the VPSA, the Bonds at
the price of par, upon the terms established pursuant to this
Resolution. The County Administrator and the Chairman of the
Board, or either of them, and such officer or officers of the
County as either of them may designate, are hereby authorized and
directed to enter into a Bond Sale Agreement dated as of October
18, 1994 with the VPSA providing for the sale of the Bonds to the
VPSA in substantially the form on file with the County
Administrator, which form is hereby approved ("Bond Sale
Agreement") .
3 . Details of the Bonds. The Bonds shall be
issuable in fully registered form in denominations of $5,000 and
whole multiples thereof; shall be dated the date of issuance and
delivery of the Bonds; shall be designated "General Obligation
School Bonds, Series 1994A"; shall bear interest from the date of
delivery thereof payable semi-annually on each January 15 and
July 15 (each an "Interest Payment Date"), beginning July 15,
1995, (or such other date as the County Administrator may
approve) at the rates established in accordance with paragraph 4
of this Resolution; and shall mature on July 15 (or such other
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October 11, 1994
date as the County Administrator may approve) in the years (each
a "Principal Payment Date") and in the amounts established in
accordance with paragraph 4 of this Resolution.
4. Principal Installments and Interest Rates.
The County Administrator is hereby authorized and directed to
accept the interest rates on the Bonds established by the VPSA,
provided that each interest rate shall be ten one-hundredths of
one percent (0.10%) over the annual interest rate to be paid by
the VPSA for the corresponding principal payment date of the
bonds to be issued by the VPSA (the "VPSA Bonds"), a portion of
the proceeds of which will be used to purchase the Bonds, and
provided further, that the true interest cost of the Bonds does
not exceed eight percent (8%) per annum. The County
Administrator is further authorized and directed to accept the
aggregate principal amount of the Bonds and the amounts of
principal of the Bonds coming due on each Principal Payment Date
("Principal Installments") established by the VPSA, including any
changes in the Interest Payment Dates, the Principal Payment
Dates and the Principal Installments which may be requested by
VPSA provided that such aggregate principal amount shall not
exceed the maximum amount set forth in paragraph one and the
final maturity of the Bonds shall not be later than approximately
20 years from their date. The execution and delivery of the
Bonds as described in paragraph 8 hereof shall conclusively
evidence such Interest Payment Dates, Principal Payment Dates,
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October 11; 1994
745
interest rates, principal amount and Principal Installments as
having been so accepted as authorized by this Resolution.
5. Form of the Bonds. For as long as the VPSA is
the registered owner of the Bonds, the Bonds shall be in the form
of a single, temporary typewritten bond substantially in the form
attached hereto as Exhibit A. On twenty 20 days written notice
from the VPSA, the County shall deliver, at its expense, Bonds in
marketable form in denominations of $5,000 and whole multiples
thereof, as requested by the VPSA, in exchange for the temporary
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typewritten Bond.
6. Payment; Paying Agent and Bond Registrar. The
following provisions shall apply to the Bonds:
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(a) For as long as the VPSA is the registered
owner of the Bonds, all payments of principal of, premium, if
any, and interest on the Bonds shall be made in immediately
available funds to the VPSA at or before 11: 00 a. m. on the
applicable Interest Payment Date, Principal Payment Date or date
fixed for prepayment or redemption, or if such date is not a
business day for Virginia banks or for the Commonwealth of
Virginia, then at or before 11:00 a.m. on the business day next
preceding such Interest Payment Date, Principal Payment Date or
date fixed for prepayment or redemption.
(b) All overdue payments of principal and, to the
I extent permitted by law, interest shall bear interest at the
applicable interest rate or rates on the Bonds.
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October 11, 1994
(c) Crestar Bank Richmond, Virginia, is
designated as Bond Registrar and Paying Agent for the Bonds.
7. Prepayment or·· Redemption. The Principal
Installments of the Bonds held by the VPSA coming due on or
before July 15, 2005, and the definitive Bonds for which the
Bonds held by the VPSA may be exchanged that mature on or before
July 15, 2005, are not subject to prepayment or redemption prior
to their stated maturities. The Principal Installments of the
Bonds held by the VPSA coming due after July 15, 2005, and the
definitive Bonds for which the Bonds held by the VPSA may be
exchanged that mature after July 15, 2005, are subject to
prepayment or redemption at the option of the County prior to
their stated maturities in whole or in part, on any date on or
after July 15, 2005, upon payment of the prepayment or redemption
prices (expressed as percentages of Principal Installments to be
prepaid or the principal amount of the Bonds to be redeemed) set
forth below plus accrued interest to the date set for prepayment
or redemption:
Dates
Prices
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July 15, 2005 to July 14, 2006, inclusive. 103%,
July 15, 2006 to July 14, 2007, inclusive. 102 I
July 15, 2007 to July 14, 2008, inclusive. . . . 101
July, 15, 2008 and thereafter................... 100;
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October 11, 1994
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Provided, however, that the Bonds shall not be subject
to prepayment or redemption prior to their stated maturities as
described above without first obtaining the written consent of
the registered owner of the Bonds. Notice of any such prepayment
or redemption shall be given by the Bond Registrar to the
registered owner by registered mail not more than ninety (90) and
not less than sixty (60) days before the date fixed for
prepayment or redemption. The County Administrator is authorized
to approve such other redemption provisions, including changes to
the redemption dates set forth above, as may be set forth in the
Bond Sale Agre~ment.
8. Execution of the Bonds. The Chairman or Vice
Chairman and the Clerk or any Deputy Clerk of the Board are
authorized and directed to execute and deliver the Bonds and to
affix the seal of the County thereto.
9. Pledge of Full Faith and Credit. For the
prompt payment of the principal of, and the premium, if any, and
the interest on the Bonds as the same shall become due, the full
faith and credit of the County are hereby irrevocably pledged,
and in each year while any of the Bonds shall be outstanding
there shall be levied and collected in accordance with law an
annual ad valorem tax upon all taxable property in the County
subject to local taxation sufficient in amount to provide for the
payment of the principal of, and the premium, if any, and the
interest on the Bonds as such principal, premium, if any, and
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October 11, 1994
interest shall become due, which tax shall be without limitation
as to rate or amount and in addition to all other taxes
authorized to be levied in the County to the extent other funds
of the County are not lawfully available and appropriated for
such purpose.
10. Use of Proceeds Certificate; Non-Arbitrage
Certificate. The Chairman of the Board and the County
Administrator, or either of them, and such officer or officers of
the county as either may designate are hereby authorized and
directed to execute a Non-Arbi trage certificate and a Use of
Proceeds Certificate each setting forth the expected use and
investment of the proceeds of the Bonds and containing such
covenants as may be necessary in order to show compliance with
the provisions of the Internal Revenue Code of 1986, as amended
(the "Code"), and applicable regulations relating to the
exclusion from gross income of interest on the Bonds and on the
VPSA Bonds. The Board covenants on behalf of the County that (i)
the proceeds from the issuance and sale of the Bonds will be
invested and, expended as set forth in such Non-Arbitrage
Certificate and such Use of Proceeds certificate and the County
shall comply with the covenants and representations contained
therein and (ii) the County shall comply with the provisions of
the Code so that interest on the Bonds and on the VPSA Bonds will
remain excludable from gross income for Federal income tax
purposes.
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October 11, 1994
749
11. state Non-Arbitrage Program; Proceeds
Agreement. The Board hereby determines that it is in the best
interests of the County to authorize and direct the County
Treasurer to participate in the state Non-Arbitrage Program in
connection with the Bonds. The County Administrator and the
Chairman of the Board, or either of them, and such officer or
officers of the County as either of them may. designate, are
hereby authorized and directed to execute and deliver a Proceeds
Agreement with respect to the deposit and investment of proceeds
of the Bonds by and among the County, the other participants in
the sale of the VPSA Bonds, the VPSA, the investment manager, and
the depository substantially in the form on file with the County
Administrator, which form is hereby approved.
12. Filing of Resolution. The appropriate
officers or agents of the ,County are hereby authorized and
directed to cause a certified copy of this Resolution to be filed
with the Circuit Court of the County.
13. Further Actions. The County Administrator,
the Chairman of the Board, and such other officers, employees and
agents of the County as either of them may designate are hereby
authorized to take such action as the County Administrator or the
Chairman of the Board may consider necessary or desirable in
connection with the issuance and sale of the Bonds and any such
action previously taken is hereby ratified and confirmed.
14. Effective Date. This Resolution shall take
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October 11. 1994
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effect immediately.
On motion of Supervisor Johnson to adopt the
resolution, and carried by the following recorded vote:
AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy
NAYS: None
IN RE:
REQUESTS FOR WORK SESSIONS
~ Request for Work Session on the ProDosed Desiqn of
the Roanoke County Strateqic Vision Process.
(Terry Harrinqton. Director of Planninq , Zonina)
It was the consensus of the Board to set the work
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session for October 25, 1994.
IN RE:
FIRST READING OF ORDINANCES
~ Ordinance Authorizinq the Acquisition of 3.5009
Acres of Land from Salem Stone CorDoration in
Connection with the Dixie Caverns Landfill site.
(Paul Mahoney. County Attorney)
Mr. Mahoney reported that the proposed ordinance would
authorize acquisition from Salem Stone Corporation of 3.5009
acres in connection with the Dixie Caverns Landfill site which
would be used to stabilize, treat, and dispose of the
contaminated sediínêh'Ë and soil. staff has negotiated with the I
property owners for the sum of $3,000.
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There was no discussion and no ci tizens present to
speak on this issue.
Supervisor Kohinke moved to approve the first reading
and set the second reading for October 25, 1994. The motion
carried by the following recorded vote:
AYES: Supervisors Johnson, KOhinke, Minnix, Nickens, Eddy
NAYS: None
L. Ordinance Authorizinq Exchanqe of Real Estate
Between Shimchock' s Litho Service. Inc. and the
County of Roanoke. (Paul Mahoney. County Attorney)
Mr. Mahoney reported that Shimchock's Litho Service and
the Department of Economic Development are working to relocate a
company interested in building on this site. Shimchock's Litho
Service has proposed an exchange of property with the County of
Roanoke. This exchange allows the relocating company to have a
better site on which to build adjacent to an existing industry.
There were no citizens present to speak on this issue
and no discussion.
Supervisor Johnson moved to approve the first reading
and set the second reading for October 25, 1994. The motion
carried by the following recorded vote:
AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy
NAYS: None
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h Ordinance Authorizinq Conveyance of an Easement to
ADDalachian Power COmDany for Electric service
Extendinq Alonq SDrinq Grove Drive Across
stonebridqe Park. (Paul Mahoney. County Attorney)
Mr. Mahoney advised this ordinance would authorize
donation of an easement to Appalachian Power Company for
extension of an underground line along each side of Spring Grove
Drive through portions of Stonebridgé Park.
There were no citizens present to speak on this issue
and no discussion.
Supervisor Nickens moved to approve the ffrst reading
and set the second reading for October 25, 1994. The motion
carried by the following recorded vote:
AYES: Supervisors Kohinke, Minnix, Nickens, Eddy
NAYS: None
ABSTAIN: Supervisor Johnson
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Ordinance Amendinq Section 9-16. IncorDoration of
statewide Fire Prevention Code and section 9-21.
Amendments of Article II. Virqinia Statewide Fire
Prevention Code of ChaDter 9. Fire prevention and
Protection and section 12-51 Penalties for parkinq
violations of Article III. Parkinq of ChaDter 12.
Motor Vehicles and Traffic of the Roanoke County
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753
Code in order to AdoDt the Latest Edition of This
Code and to Increase certain Permit Fees and
Fines. (Donald GillisDie. Fire Marshal)
Fire Marshal Gillispie advised that this ordinance is
necessary to bring the County into conformity with the latest
edition of the fire prevention code.
Additionally, certain
permit fees have been added to cover the administrative costs of
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enforcement and appeals. An increase in the penalty for parking
in fire lanes is also included.
There were no citizens present to speak on this issue
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and no discussion.
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. Supervisor Nickens moved to approve the first reading
and set the second reading and public hearing for October 25,
1994. The motion carried by the following recorded vote:
AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy
NAYS: None
h Ordinance Amendinq and Reenactinq Ordinance No.
2308 Which Grants to Boothe American COmDany of
Detroit. Michiqan. D/B/A Salem Cable TV. the Riqht
to Erect. Construct. ODerate and Maintain a
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Community Antenna Television (CATV) System.
CJoseDh Obenshain. Senior Assistant county
Attorney)
Mr. Obenshain advised that the negotiating team had
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October 11, 1994
reached agreement with representatives of Boothe American Company
to extend their franchise for cable television in the Catawba and
parts of the Windsor Hills Magisterial District for a term of
five years. Mr. Obenshain highlighted the changes in the
franchise as follows: (1) the franchise fee will be increased to
5% of the gross subscriber revenues; (2) Salem Cable will proceed
to interconnect with the Cox Cable system by January 1, 1997 if
feasible, so that RVTV will be available to all county citizens
subscribing to cable TV; (3) The density requirement for
extension of service by Salem Cable was reduced to, 25 housing
units per mile for aerial service and to 40 units per mile for
underground service; (4) Boothe American Company has agreed to
pay a capital grant of $40,000 to the County for equipment for
educational and governmental access use.
There were no citizens present to speak on this issue.
Supervisor Nickens complimented those involved in the
negotiations and moved to approve the first reading and set the
second reading and public hearing for October 25, 1994. The
motion carried by the following recorded vote:
AYES: Supervisors Johnson, KOhinke, Minnix, Nickens, Eddy
NAYS: None
IN RE:
SECOND READING OF ORDINANCES
h Ordinance Authorizinq the Acquisition of a
Permanent Drainaqe Easement from Roderic L. Moore
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0ctober 11,1994
755
and Donna P. Grayson for the Pinkard Court Road
and Drainaqe ImDrovement Proiect.
(Paul Mahoney.
County Attorney)
0-101194-5
There was no discussion and no citizens were present to
speak on this issue.
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 101194-5 AUTHORIZING THE
ACQUISITION OF A PERMANENT DRAINAGE EASEMENT
FROM RODERIC L. MOORE AND DONNA P. GRAYSON
FOR THE PINKARD COURT ROAD AND DRAINAGE
IMPROVEMENT PROJECT
WHEREAS, in connection with the Pinkard Court Road and
Drainage Improvement Project, it is necessary to acquire a
permanent drainage easement upon, over, under and across property
currently owned by Leroy J. Anderson and to be purchased by
Roderic L. Moore and Donna P. Grayson, and designated on the
Roanoke County Land Records as Tax Map No. 87.08-1-38; and,
WHEREAS, the location of the easement, varying in width
from 15.01 feet to 15.08 feet, and consisting of a total area of
0.032 Ac., is shown and designated upon a plat dated October 21,
1992, made by the Roanoke County Engineering Department; and,
WHEREAS, staff has negotiated the purchase of said
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October 11, 1994
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easement from Roderic L. Moore and Donna P. Grayson for the sum
of $900.00; and,
WHEREAS, Section 18. 04 of the Roanoke County Charter
directs that the acquisition of real estate be accomplished by
ordinance; the first reading of this ordinance was held on
September 27, 1994; and the second reading was held on October
11, 1994.
THEREFORE, BE IT ORDAINED by the Board of Supervisors
of Roanoke county, Virginia, as follows:
1. That the County Administrator is hereby authorized
to acquire from Roderic L. Moore and Donna P. Grayson a permanent
drainage easement, as shown on the plat dated October 21, 1992,
made by the Roanoke County Engineering Department, for an amount
not to exceed $900.00.
I
2. That the purchase price shall be paid from the
available funds in the account for Repairs to Rural Addition
Roads.
3. That the County Administrator is authorized to
execute such documents and take such actions on behalf of Roanoke
County in this matter as are necessary to accomplish the
acquisition of this property, all of which shall be approved as
to form by the County Attorney.
4. That this ordinance shall be effective on the date
of its adoption.
On motion of Supervisor Minnix to adopt the ordinance,
I
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October 11.1994
757
and carried by the following recorded vote:
AYES:
Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy
NAYS:
None
L. Ordinance Authorizinq ouit-Claim and Release of
Sanitary Sewer Easement within Boundaries of Fox
Ridqe Road and Located between Lots 2 and 22 of
Huntinq Hills. Section 23.
(Paul Mahoney. County
Attorney)
0-101194-6
I
There was no discussion and no citizens were present to
speak on this issue.
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 101194-6 AUTHORIZING QUIT-CLAIM AND RELEASE
OF SANITARY SEWER EASEMENT WITHIN BOUNDARIES OF FOX
RIDGE ROAD AND LOCATED BETWEEN LOTS 2 AND 22 OF HUNTING
HILLS, SECTION 23
WHEREAS, in order for Fox Ridge Road (State Route 1420)
to be accepted into the state secondary road system, the Virginia
Department of Transportation (VDOT) requires that the right-of-
way be free and clear of any third party rights or encumbrances;
I and,
WHEREAS, VDOT has requested quit-claim and release of
~
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758
October 11, 1994
an existing sanitary sewer easement within the boundaries of Fox
Ridge Road and located between Lots 2 and 22 of Hunting Hills,
Section 23, to the Commonwealth of Virginia, subject to certain
conditions; and,
WHEREAS, it will serve the interests of the public to
have Fox Ridge Road accepted into the state secondary road system
and the release, subject to the issuance of a permit and other
conditions, will not interfere with other public services.
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 September 27, 1994; and a
second reading was held on October 11, 1994; and,
2. That pursuant to the provisions of Section 16.01
of the Charter of Roanoke County, the interests in real estate to
be released are hereby made available for other public uses by
conveyance to the Commonwealth of Virginia for acceptance of Fox
Ridge Road into the state secondary road system by the Virginia
.
Department of Transportation (VDOT).
3. That quit-claim and release of the sanitary sewer
easement within the boundaries of Fox Ridge Road and located
between Lots 2 and 22 of Hunting Hills, Section 23, to the
Commonwealth of Virginia, is hereby authorized subject to the
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October 11. 1994
759
following conditions:
a. VDOT issuance of a permit for the sanitary
sewer lines or facilities.
b.
The facilities located within
right-of-way, between Lots 2
Hunting Hills, Section 23, may
occupy the street or highway in
condition and location.
the 50-foot
and 22 of
continue to
the existing
c. The release would be for so long as the
subject section of Fox Ridge Road is used as
part of the public street or highway system.
4. That the subj ect easement is not vacated hereby
and shall revert to the County in the event of abandonment of the
I
street or highway.
5. 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.
6. That this ordinance shall be effective on and from
the date of its adoption.
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 Ordinance Vacatinq and Closinq an UnimDroved
I Portion of Riqht-of-Way Known as Creek Circle.
Alonq the Eastern Side of Misty Forest
....4
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760
October 11, 1994
Subdivision. (Paul Mahoney. County Attorney)
0-101194-7
There was no discussion and no citizens were present to
speak on this issue.
Supervisor Eddy moved to adopt the ordinance. The
motion carried by the following recorded vote:
AYES:
Supervisors Johnson, KOhinke, Minnix, Nickens, Eddy
NAYS:
None
ORDINANCE 101194-7 VACATING AND CLOSING AN
UNIMPROVED PORTION OF RIGHT-OF-WAY KNOWN AS
CREEK CIRCLE ALONG THE EASTERN SIDE OF MISTY
FOREST SUBDIVISION
WHEREAS, Custom Development Corporation, the current
petitioner, and Corpre, Inc., the initial petitioner, have
requested that the Board of Supervisors of Roanoke County,
Virginia, vacate and close an unimproved portion of right-of-way,
forty feet (40') in width, known as Creek Circle, located on the
east side of the proposed Misty Forest Subdivision in the Windsor
Hills District of Roanoke County, Virginia; and,
WHEREAS, §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 §15.1-431
of the 1950 Code of Virginia, as amended, and the public hearing
and first reading of this ordinance was held on September 27,
1994; and the second reading of this ordinance was held on
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Oêtober 11; 1994
761
I
I
October 11, 1994.
BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That an unimproved portion of right-of-way known as
Creek Circle, as shown on the 'Plat Showing Part of Creek Circle
to be Vacated for Custom Development Corporation' dated June 15,
1994, a copy of which is attached hereto, created by an
unrecorded plat for Norwood Corporation dated March 12, 1959,
shown on the Roanoke County Land Records (Tax Map #95.03), and
bounded by property owned by Custom Development Corporation which
is designated on the Roanoke County Land Records as Tax Map Nos.
95.03-2-17, 95.03-2-18, and 95.03-2-19, be, and hereby is,
vacated to the extent that any public or County interest may
exist, pursuant to Section 15.1-482(b) of the 1950 Code of
Virginia, as amended; and,
2. That the Department of Engineering and Inspections
shall record a certified copy of this ordinance, together with a
copy of the attached plat, with the Clerk of the Circuit Court of
Roanoke County, Virginia, and all costs and expenses associated
herewith, including but not limited to, publication costs, survey
costs and recordation of documents, shall be the responsibility
of the current Petitioner, Custom Development Corporation, or its
successors or assigns; and,
3. That this ordinance shall be effective on and from
the date of its adoption. All ordinances or parts of ordinances
~
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7-62
October 11, 1994
in conflict with the provisions of this ordinance be, and the
same hereby are, repealed.
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 Authorizinq Conveyance of a 4.41 Acre
Parcel of Real Estate Known as Qqden Community
Center Located at 2932 Oqden Road. Cave SDrinq
Maqisterial District.
(Paul Mahoney. County
Attorney)
This item was deferred until after the Executive
Session.
Following the Executive Session, Supervisor Nickens
moved to defer any action.
The motion carried by a unanimous
voice vote.
IN RE:
APPOINTMENTS
Arthur Whittaker, who was recently appointed to the
Roanoke Regional Airport commission, expressed his appreciation
to the Board for his appointment.
IN RE:
CONSENT AGENDA
R-101194-8
R-101194-8.b
R-101194-8.c
R-101194-8.e
R-101194-8.q
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October 11, 1994
7~
R-101194-8.h
R-101194-8.i
Supervisor Minnix moved to adopt the resolution with
Item 3 removed for a separate vote and a revision to the
resolution in Item 5.
The motion carried by the following
recorded vote:
AYES:
Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy
NAYS:
None
Supervisor Johnson moved to approve item 3. The motion
carried by the following recorded vote:
AYES:
Supervisors Johnson, KOhinke, Minnix, Nickens
I
NAYS: None
ABSTAIN: Supervisor Eddy
RESOLUTION 101194-8 APPROVING AND CONCURRING
IN CERTAIN ITEMS SET FORTH ON THE BOARD OF
SUPERVISORS AGENDA FOR THIS DATE DESIGNATED
AS ITEM K - CONSENT AGENDA
BE IT RESOLVED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That the certain section of the agenda of the Board
of Supervisors for October 11, 1994, designated as Item K -
Consent Agenda be, and hereby is, approved and concurred in as to
each item separately set forth in said section designated Items 1
through 9, inclusive, as follows:
I
1.
Confirmation of Committee Appointments
Community Corrections Resources Board
Roanoke Regional Airport Commission.
to
and
the
the
~
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764
October 11, 1994
þ
2. Resolution of Support to Establish a National
"Green Day".
3. Request from the virginia Association of Counties
for a Resolution of Support for' Constitutional
Amendment 2.
4. Donation of a Water Line Easement at Chateau Mont
Condominiums.
5. Request from Appalachian Power for Support for
Boat Restrictions Upstream of the Niagara Dam on
the Roanoke River.
6. Statement of Support for Locating the National D-
Day Memorial in the Roanoke Valley, City of
Bedford, or County of Bedford.
7.
Request for Acceptance of Hidden Woods Drive,
Fairway Ridge Road, and Hidden Woods Court into
the Virginia Department of Transportation
Secondary System.
I
8. Request for Acceptance of Camney Lane into the
Virginia Department of Transportation Secondary
System.
9. Request for Acceptance of Chester Drive 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 Minnix to adopt the Consent
Resolution with Item 3 removed for separate vote, and revision to
Resolution in Item 5, and carried by the following recorded vote:
AYES:
Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy
I
NAYS:
None
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. ·October 11. 1994
765
On motion of Supervisor Johnson to approve Item 3, and
carried by the following recorded vote:
AYES: Supervisors Johnson, Kohin:ke, Minnix, Nickens
NAYS: None
ABSTAIN: Supervisor Eddy
RESOLUTION 101194-S.b SUPPORTING THE EFFORTS OF THE
AMERICAN SHOWS FOR A NATIONAL "GREEN DAY"
WHEREAS, in 1994, the American Shows, in cooperation
with other local organizations, sponsored "Green Day" during the
Lawn-Garden and Flower Show held at the Salem civic Center; and
I
WHEREAS, American Shows offered free admission to
citizens who delivered cans and newspapers to their recycle
collection bins, with all proceeds going to educational programs
of the Clean Valley Council; and
WHEREAS,
this
event
included
involvement
from
organizations such as Clean Valley Council, Cycle Systems, Valley
Beautiful, the Roanoke Times and World News an~ the Roanoke City
and Roanoke County Solid Waste Departments; and
WHEREAS, American Shows would like to establish a
national "Green Day" to educate and promote recycling awareness
with the collection of aluminum cans and newspapers; and
WHEREAS, American Shows is requesting the endorsement
I
of local and state governments for this project.
THEREFORE, BE IT RESOLVED that the Board of Supervisors
supports efforts to reduce the waste stream and to preserve our
~
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766
October 11, 1 994
natural resources; and
FURTHER, the Board of Supervisors specifically endorses
the establishment of a "Green Day" on a national level, and
offers it best wishes to American Shows for a successful
campaign.
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
RESOLUTION 101194-8.c SUPPORTING ADOPTION OF
CONSTITUTION AMENDMENT 2
WHEREAS, Virginia's Consti tution requires that voter
lists be automatically purged of people who have not voted in
four years; and
WHEREAS, Virginia also requires that applications to
register to vote be completed in front of the registrar; and
WHEREAS, these rules conflict with new federal laws and
if Virginia does not conform, Virginia registrars will have to
keep two sets of voter registrations - one for state elections
and one for federal elections; and
WHEREAS, this would be time-consuming and costly for
local electoral boards and local governments; and
WHEREAS, Constitutional Amendment 2 on the ballot on
November 8 seeks to resolve the issue by bringing virginia's
constitution into conformity with federal law; thereby saving
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October 11~"1994
767
local governments thousands of dollars.
NOW, THEREFORE BE IT RESOLVED that the Board of
Supervisors of Roanoke County, Virginia, joins the Board of
Directors of the Virginia Association of Counties in supporting
Consti tutional Amendment 2, and urges the ci tizens of Roanoke
County to vote yes on Constitutional Amendment 2.
On motion of Supervisor Johnson to adopt the
resolution, and carried by the following recorded vote:
AYES:
Supervisors Johnson, Kohinke, Minnix, Nickens
NAYS:
None
I
ABSTAIN:
Supervisor Eddy
RESOLUTION 101194-S.e ENDORSING APPALACHIAN
APPLICATION TO THE DEPARTMENT OF GAME AND
FISHERIES FOR BOATING RESTRICTIONS UPSTREAM
NIAGARA DAM ON THE ROANOKE RIVER
POWER'S
INLAND
OF THE
WHEREAS, Appalachian Power installed a boat restraining
barrier upstream of the Niagara Dam in 1991; and
WHEREAS, the barrier is designed to prohibit boaters
from entering hazardous areas due to river flow through the
powerhouse and over the top of the dam; and
WHEREAS,
while
the
barrier
is
effective,
law
enforcement officials have no authority to issue summonses for
violations; and
WHEREAS,
Appalachian Power has
applied to the
II Department of Game and Inland Fisheries for authority to install
"No Boat" signs on the barrier and enable law enforcement
~
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768
October 11, 1994
officials to enforce these restrictions.
NOW, THEREFORE, BE IT RESOLVED, that the Board of
Supervisors of Roanoke County, Virginia, supports Appalachian
Power Company's application to the Virginia Department of Game
and Inland Fisheries to establish legally enforceable boating
restrictions immediately upstream of the Niagara Dam on the
Roanoke River.
On motion of Supervisor Minnix to adopt the resolution,
and carried by the following recorded vote:
AYES:
Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy I
NAYS:
None
RESOLUTION 101194-8.q REQUESTING ACCEPTANCE OF HIDDEN
WOODS DRIVE, FAIRWAY RIDGE ROAD, AND HIDDEN WOODS COURT
INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION
SECONDARY SYSTEM
WHEREAS, the streets described on the attached
Additions Form SR-5(a), fully incorporated herein by reference,
are shown on plats recorded in the Clerk's Office of the Circuit
Court of Roanoke County, and
WHEREAS, the Resident Engineer for the Virginia
Department of Transportation has advised this Board the streets
meet the requirements established by the Subdivision Street
Reauirements of the Virginia Department of Transportation, and
NOW, THEREFORE, BE IT RESOLVED, this Board requests the
Virginia Department of Transportation to add the streets
described on the attached Additions Form SR-5(A) to the secondary
system of state highways, pursuant to §33.1-229, Code of
Virginia, and the Department's Subdivision Street Reauirements.
and
þ
I
BE IT FURTHER RESOLVED, this Board guarantees a clear I
and unrestricted right-of-way, as described, and any necessary
easements for cuts, fills and drainage, and
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.~~: .;¡~. z, :t:~~~i,':'þ>~.~~ ;;:
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October 11, 1994
769
BE IT FURTHER RESOLVED, that a certified copy of this
resolution be forwarded to the Resident engineer for the Virginia
Department of Transportation.
Recorded Vote
Moved By:
Seconded By:
Yeas:
H. Odell Minnix
Not Reauired
Supervisors Johnson.
Eddv
None
Kohinke.
Minnix.
Nickens.
Nays:
RESOLUTION 101194-8. h REQUESTING ACCEPTANCE OF CAMNEY
LANE INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION
SECONDARY SYSTEM
WHEREAS, the street described below was established
prior to July 1, 1983, and currently serves at least 3 families
per mile, and
I
WHEREAS, the Virginia Department of Transportation has
deemed this county's current subdivision control ordinance meets
all necessary requirements to qualify this county to recommend
additions to the secondary system of state highways, pursuant to
§33.1-72.1, Code of Virginia, and
WHEREAS, after examining the ownership of all property
abutting this street, this Board finds that speculative interest
does not exist.
NOW, THEREFORE, BE IT RESOLVED, this Board requests the
following street be added to the secondary system of state
highways, pursuant to §33.1-72.1(D), Code of Virginia:
I
Name of Street: Camnev Lane Lenath: 0.15 miles.
From: the intersection of State Route 1033 (Chestnut Mountain
Drive) in a northerly direction 0.15 miles.
To: a turn-around located at its terminus.
Guaranteed Right-of-Way Width: 50 feet.
Plat Recorded, Date: March 22, 1994, Deed Book: 1282 Page: 1893,
recorded March 22, 1994, Deed Book 1229, Page 11, recorded June
14, 1994, Deed Book 882, Page 63, recorded June 14, 1994, Deed
Book 1319, Page 986, recorded June 14, 1994, Deed Book 1232, Page
1652, recorded November 16, 1993, Deed Book 1449, Page 1806,
recorded June 27, 1994, Deed Book 1449, Page 1801, June 27, 1994,
Deed Book 1441, Page 839, recorded April 6, 1994, Deed Book 1427,
Page 1085, recorded December 3, 1993, Deed Book 1427, Page 1085,
recorded December 3, 1993, Deed Book 1427, Page 1090, recorded
December 3, 1993, Deed Book 1448, Page 25, recorded June 8, 1994,
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770
October 11, 1994
þ
Deed Book 1427, Page 1090, recorded December 3, 1993, Deed Book
1448, Page 25, recorded December 3, 1993, Deed Book 1448, Page 7,
recorded June 8, 1994, and Deed Book 1448, Page 16, recorded June
8, 1994, in the Roanoke County Clerk's Office.
BE IT FURTHER RESOLVED, this Board guarantees a clear
and unrestricted right-of-way, as described, and any necessary
easements for cuts, fills and drainage, and
BE IT FURTHER RESOLVED, this Board requests the
Virginia Department of Transportation to improve said street to
the prescribed minimum standards, funding said improvements
pursuant to §33.1-72.1(D), Code of Virginia, and
BE IT FURTHER RESOLVED, that a certified copy of this
resolution be forwarded to the Resident Engineer of the Virginia
Department of Transportation.
Recorded Vote
Moved By:
Seconded By:
Yeas:
Nays:
H. Odell Minnix
Not Required
Supervisors Johnson.
Eddy
None
Kohinke.
Minnix.
Nickens.
I
RESOLUTION 101194-8.i REQUESTING ACCEPTANCE OF CHESTER
DRIVE INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION
SECONDARY SYSTEM
WHEREAS, the street described below was established
prior to July 1, 1983, and currently serves at least 3 families
per mile, and
WHEREAS, the Virginia Department of Transportation has
deemed this county's current subdivision control ordinance meets
all necessary requirements to qualify this county to recommend
additions to the secondary system of state highways, pursuant to
§33.1-72.1, Code of Virginia, and
WHEREAS, after examining the ownership of all property
abutting this street, this Board finds that speculative interest
does not exist.
NOW, THEREFORE, BE IT RESOLVED, this Board requests the
fOllowing street be added to the secondary system of state I
highways, pursuant to §33.1-72.1(D), Code of Virginia:
Name of Street: Chester Drive Lenqth: 0.08 miles.
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October 11,,1994
771
From: the end of state maintenance in a southeasterly direction
0.08 miles. To: a turn-around located at its terminus.
Guaranteed Right-of-Way Width: 50 feet.
Plat Recorded, Date: July 12, 1994, Deed Book: 1380, Page 1443,
Deed Book 1173, Page 413, Deed Book 1380, Page 1443 and Deed Book
1215, Page 1014, recorded January 24, 1994, in the Roanoke County
Clerk's Office.
BE FURTHER RESOLVED, this Board guarantees a clear and
unrestricted right-of-way, as described, and any necessary
easements for cuts, fills and drainage, and
BE IT FURTHER RESOLVED, this Board requests the
Virginia Department of Transportation to improve said street to
the prescribed minimum standards, funding said improvements
pursuant to §33.1-72.1(D), Code of Virginia, and
BE IT FURTHER RESOLVED, that a certified copy of this
resolution be forwarded to the Resident Engineer of the Virginia
Department of Transportation.
Recorded Vote
Moved By:
Seconded By:
Yeas:
Nays:
H. Odell Minnix
Not Required
Supervisors Johnson.
Eddv
None
Kohinke.
Minnix.
Nickens.
IN RE:
REPORTS AND INQUIRIES OF BOARD MEMBERS
SUDervisor Johnson:
(1) He announced that he read an
article in the Roanoke Times & World-News concerning ridgeline
protection and pointed out that the Summit Apartments which was
photographed for the article is located in Roanoke City not in
the County; however, he agrees wi th Mayor Bowers about the
importance of future ridgeline protection.
(2)
He asked the
staff to check on the timetable for the improvements and
installation of a traffic light at the intersection of Plantation
Road and Old Hollins Road.
Mr. Hodge will report back at the
....4
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772
October 11, 1994
þ
October 25 meeting. (3) He asked that the Recreation Department
staff and VPI investigate stocking fish at the Spring Hollow
Reservoir. He suggested working with the Game and Inland
Fisheries Department.
SUDervisor Minnix: (1) He is receiving complaints
that the bulk and brush collection routine is not working for
residents. Mr. Eddy advised that he was also receiving
complaints. Mr. Hodge will bring back a report on October 25.
(2) He asked about the stump dump at stonehenge. Planning
Director Terry Harrington advised that the County is taking the
property owner to court. (3) He advised that the residents on
Tanglewood Lane are experiencing power outages. He asked Mr.
Hodge to contact Appalachian Power Company to investigate the
outages.
I
SUDervisor Nickens: (1) He announced that he visited
the old landfill and is amazed and impressed with the progress.
(2) He asked about the Fire and Rescue Volunteer Coordinator
position. Mr. Hodge advised that interviews were conducted and
that he anticipates the position will be filled by October 24.
SUDervisor Eddy: (1) He received the Virginia
Association of Counties voting credentials for Mr. Kohinke and
asked Ms. Allen to complete them and send to VACo. (2) He asked
whether the staff is working on the Virginia Retirement System
increases for County retirees. Mr. Hodge responded that staff is
reviewing the cost information and checking with other
I
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October 11~ 1994
773
localities. He will bring back a report at the October 25
meeting. (3) He advised that the Governor's strike Force is
holding a public hearing this evening at Virginia Western
Communi ty College. He suggested that written comments be sent
because the County has no information on the recommendations at
this time.
IN RE: REPORTS
Supervisor Johnson moved to receive and file the
following reports. The motion carried by a unanimous voice vote.
I ~
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L.
General Fund UnaDDroDriated Balance
CaDital Fund UnaDDroDriated Balance
Board Continqency Fund
Fire and Rescue Reaction/ResDonse Times - Auqust
1994
~ Proclamations Siqned bY the Chairman
~ ReceiDt of Industrial DeveloDment Authority Audit
IN RE: RECESS FOR MEDIA QUESTIONS
Ms. Jan Vertefeuille, from the Roanoke Times & World-
News, asked about the acreage needed for building the proposed
Cave Spring High School. It was the Board's suggestion that she
contact the School Administration for this information.
I
IN RE:
WORK SESSIONS
~
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774
October 11, 1994
~
Work Session to Review
Residential Stormwater
Proqram.
ProDosed Standards for
Manaqement Facilities
Arnold Covey, Director of Engineering and Inspections
reported that at the July 26 Board meeting, staff reviewed the
issues involved with the County accepting maintenance
responsibilities of Stormwater Management Facilities. Since that
time, there have been several requests from the Board to bring
back a proposed maintenance program.
Mr. Covey presented proposed funding and implementation
steps for the program which would be a voluntary program and
involve mowing, inspections and general maintenance to stormwater
facilities. Funding would be provided by (a) one-time maintenance
fee paid by the Developer or Homeowners Association, and (b)
yearly special assessment fees would be placed on the real estate
tax assessment for each lot. In order to implement the program
the Board would have to adopt a resolution incorporating the
requirements into the drainage standards and adopt an ordinance
authorizing the special assessment.
Mr. Covey advised that in order to implement a
stormwater management facilities program, staff is requesting an
addi tional staff person and associated support equipment at a
cost of $60,000.
Following discussion, it was the consensus of the Board
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October II, 1994
775
that staff bring back a report and draft ordinance in January
1995 that does not include the use of general funds, a new
position, or a new vehicle.
I
IN RE: EXECUTIVE SESSION
At 5:20 p.m., Supervisor Nickens moved to go into
Executive Session pursuant to the Code of Virginia Section 2.1-
344 A (5) To Discuss the Location of a Prospective Business or
Industry; (3) To Discuss the Disposition of Publicly Held Real
Estate, namely Ogden Center; (3) To Discuss the Disposition of
Publicly Held Real Estate Located in the City of Salem. The
motion carried by the following recorded vote:
AYES: Supervisors JOhnson, KOhinke, Minnix, Nickens, Eddy
NAYS: None
IN RE: CERTIFICATION OF EXECUTIVE SESSION
R-101194-9
At 6: 05 p. m., Supervisor 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
Supervisor Nickens moved to defer action on disposition
I of publicly held real estate, namely Odgen Center. The motion
carried by a unanimous voice vote.
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77-6
October 11. 1994
þ
RESOLUTION 101194-9 CERTIFYING EXECUTIVE MEETING WAS
HELD IN CONFORMITY WITH THE CODE OF VIRGINIA
WHEREAS, the Board of Supervisors of Roanoke County,
Virginia has convened an executive meeting on this date pursuant
to an affirmative recorded vote and in accordance with the
provisions of The Virginia Freedom of Information Act; and
WHEREAS, Section 2.1-344.1 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, II
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 Nickens to adopt the
Resolution, and carried by the following recorded vote:
AYES:
Supervisors Johnson, KOhinke, Minnix, Nickens, Eddy
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NAYS:
None
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IN RE:
ADJOURNMENT
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October 11, 1994
777
At 6:05 p.m., Supervisor Minnix moved to adjourn. The
motion carried by a unanimous voice vote.
Respectfully submitted
'/Y)~y.J. ~
"
Mary H. Allen, CMC
Clerk to the Board
Approved by,
çf~,~
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,....
778
October 11, 1994
þ
This Daqe left intentionallY blank
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