HomeMy WebLinkAbout11/22/1994 - Regular
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November 22. 1994
847
Roanoke County Board of Supervisors
Roanoke County Administration Center
5204 Bernard Drive
Roanoke, Virginia 24018
November 22, 1994
The Board of Supervisors of Roanoke County, Virginia, met
this day at the Roanoke County Administration Center, this being the
fourth Tuesday, and the only regularly scheduled meeting of the month
II of November, 1994.
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 H. Odell "Fuzzy" Minnix,
Harry C. Nickens (Arrived 3:30 p.m.)
MEMBERS ABSENT:
STAFF PRESENT:
Supervisor Bob L. Johnson
Don C. Myers, Assistant County Administrator; Paul
M. Mahoney, County Attorney; Brenda J. Holton,
Deputy Clerk; John M. Chambliss, Assistant County
Administrator
IN RE:
OPENING CEREMONIES
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The invocation was given by John M. Chambliss, Jr.,
Assistant County Administrator. The Pledge of Allegiance was recited
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November 22, 1994
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by all present.
IN RE:
REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF AGENDA
ITEMS
Chairman Eddy added the request of the Roanoke ,Valley
Business Council for a resolution supporting the proposed I-73 Route
through the Roanoke Valley.
He also added two items to the Consent
Agenda:
(Item 18) acceptance of grant to the Police Department from
Department of Motor Vehicles for DUI enforcement; and (Item 19)
acceptance of grant to the County and UHSTS from the Commònwealth of
Virginia to expand public transportation services.
Mr. Mahoney asked to postpone the second reading of the II
Ordinance authorizing the conveyance of Ogden community Center until
the December 13, 1994 meeting.
IN RE:
PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND AWARDS
~ Presentation of FamilY Week Award from FamilY Service
of Roanoke Valley.
Director)
(John F. Pendarvis. FSRV Executive
Mr. Phillip Sparks, President of the Board of Directors,
gave a summary of the services provided by Family Services of Roanoke
Valley and expressed appreciation to the Board for their funding and,
support.
Mr. John Pendarvis, Executive
Director, presented Chairman .
County's creation and support I
Eddy with the Family Week Award for the
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November 22, 1994
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of the new Teen Center at the Brambleton Center. He commended the
County for the staff's expertise; for involving the teens in the
design and implementation of the program; for the partnership with the
Senior citizens Programs; and regionalism because the program is open
to all youths throughout the Roanoke Valley.
Chairman Eddy expressed appreciation to those responsible
for the creation of the Teen Center: John Chambliss, Assistant
Administrator; Pete Haislip, Director of Parks & Recreation; Debbie
Pitts, Assistant Director; Marcia Patton, Director of the Brambleton
Center; Randy Boush, Director of the Teen Center; and Vince Joyce, a
Roanoke County citizen.
.L.
Reauest from Roanoke Valley Business Council for
Resolution SuÞÞortina the ProÞosed I-73 Route Throuah
the Roanoke Valley. (John M. Chambliss. Assistant
Administrator)
R-112294-1
Mr. Chambliss reported that the Roanoke Valley Business
Council is requesting a resolution of support for the proposed I-73
routing that will utilize the existing road structures and roads that
are designated for improvement. The route would generally follow
Route 220 into the City of Roanoke, and overlap Interstate 581,
Interstate 81, the proposed Smart Highway, and Route 460 into West
Virginia. He requested that the Board adopt the proposed resolution
and forward it to the Virginia Department of Transportation.
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November 22, 1994
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Supervisor Minnix moved to adopt the resolution. The motion
carried by the following recorded vote:
AYES:
Supervisors Kohinke, M~nnix, Eddy
NAYS:
None
ABSENT:
Supervisor Johnson, Nickens
RESOLUTION 112294-1 SUPPORTING THE ROUTING OF PROPOSED
INTERSTATE 73 THROUGH THE ROANOIœ VALLEY
WHEREAS,
in early 1994,
the Virginia Department of
Transportation prepared a corridor location study that evaluated
highway corridors for the location of I-73 through Virginia; and
WHEREAS, in March 1994, the Commonwealth Transportation i
Board selected Alterative Corridor 6A for the location of proposed I-I:
73 which enters Virginia from North Carolina on Route 220, south of i
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Martinsville, and generally follows Route 220, the proposed "Smart
Highway" and Route 460 to the West Virginia. State Line west of
Narrows.
NOW, THEREFORE BE IT RESOLVED, that the Board of Supervisors
of Roanoke County, Virginia joins the Roanoke Valley Business Council
in requesting the Commonwealth Transportation Board to consider
refining the selected corridor to provide that the selected
alternative generally follows the Route 220 corridor into the City of
Roanoke, and overlaps Interstate 581, Interstate 81, the proposed
"Smart Highway" and' Route 460 to West Virginia.
This refined
alternative would utilize existing corridors
where possible, on routes Ii
thereby reducing the cost !
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that are already designated for improvement,
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November 22, 1994
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of construction and expense associated with additional land
expropriation.
FURTHER, the Board of Supervisors directs that copies of
this resolution be forwarded to the Virginia Department of
Transportation and the Roanoke Valley Business Council.
On motion of Supervisor Minnix to adopt the Resolution, and
carried by the following recorded vote:
AYES: Supervisors Kohinke, Minnix, Eddy
NAYS: None
ABSENT:: Supervisors Johnson, Nickens
IN RE:
BRIEFINGS
~ ReÞort from the Blue Ridae Communi tv Services Board.
(Rita Gliniecki. BRCS Board Chairman)
Ms. Gliniecki reported on the services provided to the
residents of Roanoke County by the BRCS during the year. She
introduced her two granddaughters who gave a demonstration of
balancing "12 nails on the 13th" to indicate the balancing act that
BRCS does everyday with resources and the ever-increasing demand on
services. She advised that for each tax dollar expended, Roanoke
County receives $27 in services. She gave the Board members a copy of
the booklet, "101 Things You can do to Fight Drug Abuse in the Roanoke
Valley".
Ms. Debra Overstreet, Roanoke County resident, expressed her
appreciation for the services provided her by the BRCS and Hegira House.
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November 22, 1994
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IN RE:
NEW BUSINESS
~ Reauest to AÞÞrove MetroÞolitan Plannina Oraanization's
Lona-Ranae Plan for Federallv Funded Roads. (Arnold
Covey. Director of Enaineerina , InsÞections)
A-112294-2
Mr. Covey advised that Ava Howard, Chief of Transportation
Planning for the Fifth Planning District Commission, Jeff Echols and
Scott Hodge, from the Virginia Department of Transportation, were
present.
He reported that the 5PDC and VDOT are responsible for
coordinating and supporting the Metropolitan Planning organization
(MPO) and that the MPO membership consists of voting representatives
from Botetourt County, 5PDC, Valley Metro, City of Roanoke, County ofll
Roanoke, City of Salem, Town of Vinton, VDOT, and Roanoke Regional
Airport.
There is also a technical commi ttee composed of staff
persons to assist the voting members.
Chairman Eddy advised that
Roanoke County's representatives on the MPO are Pat Dean from Vinton,
and himself; and Steve Barger from the Engineering and Inspections
Department is the County's representative on the Technical Committee.
Mr. Covey advised that this is the long-range primary
transportation planning document for the Roanoke Valley and is based
upon projected funding for the next twenty years. The roads affected
are those within the MPO which are designated as Federal Aid Routes.
The plan is updated every five years and although it can be amended or
modified at any time, if a road is added, this results in the deletion
of another road. The roads currently on the Roanoke County's six-I
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November 22, 1994
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year primary or secondary construction plan are included in the MPO's
long-range plan.
Mr. Covey advised that Roanoke County made an official
request to add Route 11/460 west of Salem, near the site of Valley
TechPark, to the MPO long-range plan and he was notified today that
this had been done.
The next step for this project is to get it on
the County's Six-Year Primary Transportation Plan.
Chairman Eddy
expressed appreciation that Roanoke City has agreed to reduce the
scope of the Webber Expressway Project on Route 220 so that Route
11/460 can be placed on the plan.
Mr. Covey recommended approval of the County projects listed
in the MPO's Long Range Transportation Plan with the addition of the
Route 11/460 project.
Supervisor Minnix moved to approve the request. The motion
carried by the following recorded vote:
AYES:
Supervisors KOhinke, Minnix, Nickens, Eddy
NAYS:
None
ABSENT:
Supervisor Johnson
.L. Reauest for $40.000 to Fund DeveloÞment ofa Community
vision Process. (Terry Harrinaton. Director of Plannina
, Zonina)
A-112294-3
Mr. Harrington advised that the staff presented an outline
for a community visioning process to be undertaken over the next seven
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November 22, 1994
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months at the October 25, 1994 meeting.
This process would involve
four distinct phases and the objectives are to: (1) involve a maximum
number of citizens; (2) identify, understand and promote community
values related to quality of life and governmental services; (3)
prepare a mission document for the County that will serve as a guide
for local decision making; and (4) use this vision document as a basis
for the preparation of a strategic action plan' for the County. He
anticipates that the costs associated with this process would not
exceed $40,000 and would be used solely for technical and
administrative costs. He advised that the process should be completed
by July, 1995, and requested that the Board approve an appropriation
of $40,000 from the unappropriated fund balance. II
Mr. Harrington advised that a broad based citizen steering,
committee will be established to oversee the process and identify
communi ty focus, areas.
staff has identified 13
15 groups of
represented interests within the Valley that will be asked to appoint
representatives, and the Board as well as the Planning Commission will
be asked for input about membership of the committee.
In response to Supervisor Nickens' question about involving
the citizens on the committee, Mr. Harrington advised that there would
be a series of geographic meetings for citizens' interests in addition
to the area community interests meetings.
Supervisor Nickens moved to approve the appropriation of
$40,000 for the vision process.
The motion carried by the following I
recorded vote:
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November 22, 1994
855
AYES:
NAYS:
ABSENT:
Supervisors Kohinke, Minnix, Nickens, Eddy
None
Supervisor Johnson
h Reauest for $10.000 to Fund Temporarv Traffic Control
at Hanover Direct. (TimothY Gubala. Director of
Economic DeveloÞment)
A-112294-4
Mr. Gubala reported that at the .October 11, 1994 meeting,
Supervisor Johnson advised that residents had contacted him expressing
concern about the increased traffic at the intersection of Plantation
Road and Old Hollins Road as a result of the new Hanover Direct
operations. Hanover will begin placing inventory in their facility in
January and the first 100 employees will be hired in January, with a
total of 300 employees by May, 1995. The proposed but unscheduled
improvement of Hollins Road by the Virginia Department of
Transportation and the increased traffic at Hanover makes it necessary
to seek temporary traffic control solution. According to Police Chief
Cease, Conservators of the Peace, as is done with school crossing
guards, could be appointed and trained to handle traffic control at
this intersection.
Mr. Gubala estimated that $10,000, based on $15 per hour,
would be needed to fund the part-time traffic guards between 6:00 and
8:00 a.m. and 4:00 and 6:00 p.m. for the period of January until July,
1995, and asked this amount be appropriated from the unappropriated
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November 22, 1994
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balance.
Supervisor Nickens advised that traffic at this intersection
is already heavy and even with the increase of Hanover Direct traffic,
he felt that the crossing guards are necessary until the signal light
can be installed. He also advised that the need for temporary traffic
control exists at other areas in the County and Valley.
Supervisor Minnix inquired as to when the traffic light will
be installed and was told that it will probably be installed in July
or August, 1995.
Supervisor Kohinke moved to approve the appropriation of
$10,000 from the unappropriated balance. The motion carried by the
following recorded vote:
AYES: Supervisors Kohinke, Minnix, Nickens, Eddy
NAYS: None
ABSENT: Supervisor Johnson
II
~ AÞÞroval of Resolution to Finalize Lona Term Borrowina
from the Water Fund to the Sewer Fund for the Purchase
of $2.5 Million of Sewer CaÞital ImÞrovements. (Diane
Hyatt. Director of Finance)
R-112294-5
Ms. Hyatt advised that there was a work session on May 24,
1994, on sewer capital needs which resulted in a two year plan
phasing in increases in sewer rates and sewer connection fees.
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November 22, ·1994
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public hearing was held and the increases approved on June 28, 1994.
Included as part of this plan was a loan from the Water Fund to the
Sewer Fund to finance $2,500,000 of needed sewer improvements. The
first installment of $1,000,000 will be transferred on January 1,
1995, and the second installment of $l,500,000 will be transferred on
July 1, 1995, to be repaid at the rate of 5 per cent. Ms. Hyatt asked
that the Board approve this action by resolution.
Supervisor Nickens moved to adopt the resolution. The
motion carried by the following recorded vote:
AYES:
Supervisors Kohinke, Minnix, Nickens, Eddy
NAYS:
None
ABSENT:
Supervisor Johnson
RESOLUTION 112294-5 AUTHORIZING THE BORROWING OF
$2,500,000 FROM THE WATER UTILITY FUND TO THE
SEWER UTILITY FUND BY THE BOARD OF SUPERVISORS OF
ROANOIœ COUNTY, VIRGINIA, AND PROVIDING FOR THE
FORM AND DETAILS THEREOF
WHEREAS, the Board of Supervisors (the "Board") of Roanoke
County , Virginia (the "County") has determined that it is necessary
and expedient to borrow not to exceed $2,500,000 between the
Enterprise utility Funds of the County to finance certain capital
sewer projects, as shown in Exhibit A.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF
ROANOKE COUNTY, VIRGINIA:
1. The Board hereby determines that it is advisable to
loan monies available in the General Surplus Fund of the Water utility
Fund to the Sewer Utility Fund (the "Loan"). The Loan shall be made
from the Water Utility Fund to the Sewer utility Fund on the terms set
forth in this resolution. The Water Utility Fund shall lend (from the
General Surplus Fund therein) to the Sewer Utility Fund and the Sewer
Utility Fund shall borrow from the Water Utility Fund an aggregate
principal amount not to exceed $2,500,000.
2. The Board authorizes the borrowing of $1,000,000 by the
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November 22, 1994
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Sewer utility Fund from the Water utility Fund on or about January 1,
1995 for a period of 20 years at an interest rate of 5% per annum.
The paYments of principal and interest on this indebtedness shall be
made in annual installments commencing June 30, 1995, as shown in
Exhibit B.
3. The Board authorizes the borrowing of $1,500,000 by the
Sewer utility Fund from the Water utility Fund on or about July 1,
1995 for a period of 20 years at an interest rate of 5% per annum.
The paYments of principal and interest on this indebtedness shall be
made in installments commencing June 30, 1996, as shown in Exhibit B.
4. The Board may prepay the Loan between the utility
Enterprise Funds at any time without penalty.
5. For prompt paYment of the principal and interest on the
Loan as the same shall become due, the revenues of the Sewer utility
Fund are hereby pledged in an amount to provide for the payment of the
principal and interest, as they shall become due. Nothing in this
resolution shall be deemed to pledge the full faith and credit of the
County to paYment of this indebtedness.
6. The County Administrator and such other officers'lI
employees and agents of the County as either of them may designate are
hereby authorized to prepare and to execute such documents and to take
such actions as are deemed necessary or desirable in connection with
this borrowing, and any such action previously taken is hereby
ratified and confirmed.
adoption.
7. This resolution shall take effect immediately upon its
On motion of Supervisor Nickens to adopt the resolution, and
carried by the following recorded vote:
AYES:
Supervisors Kohinke, Minnix, Nickens, Eddy
NAYS:
None
ABSENT:
Supervisor Johnson
In response to supervisor Nickens' request for a letter to
"Opinions from Elsewhere" in the Roanoke Times & World News replying
to a recent letter to the editor about water and sewer rates, Chairman
Eddy announced that he had written a letter and it would be publiShedll
soon.
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November 22, 1994
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~ Resolution AdoÞtina a Leaislative Proaram for the 1995
Session of the Virainia General Assemb1v. (Paul
Mahoney. County Attorney)
Mr. Mahoney advised that there were three items carried over
from last year that have a significant impact on the County's budget:
(1) law enforcement funding; (2) fringe benefits for constitutional
officers; and (3) education funding and particularly the issue of
disparity funding. He advised that there are also several other items
that were carried over: (1) equal taxation; (2) borrowing powers; (3)
unfunded mandates; and (4) property rights. other funding issues not
included in the draft resolution were: (1) funding for the
Transportation Museum; (2) funding for the Recreational Facilities
Authority, Explore; (3) proposed visitor's Center; and (4) réstore
funding for Virginia Cooperative Extension Council. He asked for
direction from the Board on the items to be included and suggested a
meeting with the Roanoke Valley legislative delegation at the
organization meeting in January.
Supervisor Nickens suggested that the legislative program be
narrowed to include only one or two priority items and suggested that
five or six items were too many. Supervisors Kohinke and Minnix also
suggested the approach of prioritizing one or two items; however
Supervisor Eddy asked that the list include all items so that others
would know how the County stands on a particular issue, and asked that
two items be included in the revised resolution: (1) additional
authority to regulate stump and vegetative debris landfills; and (2)
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November 22, 1994
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provide state incentives for local governments to work together on
regional services to reduce costs.
There was also discussion as to
whether letters should be written to the Roanoke Valley legislators in
lieu of a meeting.
Mr. Mahoney advised that he would bring back a revised
resolution at the December 13, 1994 meeting.
IN RE:
REQUEST FOR PUBLIC HEARING AND FIRST READING OF REZONING
ORDINANCES - CONSENT AGENDA
Supervisor Nickens moved to approve the first reading and
set the second readings and public hearings for December 13,
The motion carried by the following recorded vote:
1994.
AYES:
Supervisors Kohinke, Minnix, Nickens, Eddy
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NAYS:
None
ABSENT:
Supervisor Johnson
h Ordinance to Rezone ApÐroximatelv 4.83 Acres from R-1
to R-3 to Construct Townhomes. Located AÞÞroximatel y
450 Feet North of the Intersection of Wood Haven Road
and Scarlet Oak Drive. Hollins Maaisterial District.
UÞon the Petition of Strauss Construction COrÞoration.
.L. Ordinance Authorizina a SÞecia1 Use Permit to construct
and OÞerate a Police outdoor Firearms Trainina Range.
Located at 6231 Twine Hollow Road. Catawba Maaisterial
District. UÞon the Petition of the Roanoke County
Police DeÞartment.
IN RE:
FIRST READING OF ORDINANCES
~ Ordinance for Authorization to Acauire a Water Line
Easement from Hollins Manor for the T.C.E. watet
:proiect. (Garv Robertson. Director. utilitv)
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November 22, 1994
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Mr. Robertson advised that this is the first reading of an
ordinance to obtain a permanent water line easement for the T.C.E.
water project.
Supervisor Minnix moved to approve the first reading and set
the second reading for December 13, 1994. The motion carried by the
following recorded vote:
AYES: Supervisors Kohinke, Minnix, Nickens, Eddy
NAYS: None
ABSENT: Supervisor Johnson
.L. Ordinance Vacatina a 20 Foot Drainaae Easement Located
on the Eastern ProÞerty Line of Lot 30A. Twin Mountain
Drive. Located in Fallina Creek Estates. vinton
Maaisterial District. UÞon the Petition of Roanoke
Countv Enaineerina , InsÞections DeÞartment. (Arnold
Covey. Director of Enqineerina , InsÞections)
Mr. Covey advised that the current owners had experienced
stormwater runoff from the adjacent property which did not follow the
recorded drainage easement. As part of the maintenance program,
Roanoke County agreed to vacate the old 20 foot drainage easement and
the property owners agreed to grant a new 10 foot drainage easement.
The improvements have now been done.
Supervisor Nickens moved to approve the first reading and
set the second reading and public hearing for December 13, 1994. The
motion carried by the following recorded vote:
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November 22, 1994
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AYES:
Supervisors Kohinke, Minnix, Nickens, Eddy
NAYS:
None
ABSENT:
Supervisor Johnson
h Ordinance Vacatina a Portion of a Dedicated Riaht-of-
Wav Known as Astor Avenue. Located on the Northern
ProÞerty Line of Lot l. Block 3. Chesterfield Court
Subdivision. Cave SÞrina Maaisterial District. UÞon the
Petition of Woods. Roaers , Hazlearove. P.L.C. (Arnold
Covey. Director of Enaineerina , InsÞections)
Mr. Covey advised that the County had evaluated the right-
of-way and determined that it should be vacated with the condition
that a portion of the right-of-way be kept for a tee-turnaround fOrJI
the golf course, and that a 20 foot drainage easement be dedicated to
Roanoke County.
Supervisor Minnix moved to approve the first reading and set
the second reading and public hearing for December 13, 1994. The
motion carried by the following recorded vote:
AYES:
Supervisors Kohinke, Minnix, Nickens, Eddy
NAYS:
None
ABSENT:
Supervisor Johnson
~ Ordinance Vacatina a r15 Foot Water Line Easement
Located on Parcel 87.06-4-2 (Route 419. Electric Road).
Cave Snring Maais~erial Dis~ric~. UDon the Petition orll
Fralin and Waldron. (Arnold Covev. Director of
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November 22, 1994
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Enaineerina , InsÞections)
Mr. Covey advised that the waterline contained within the
existing easement has been abandoned and relocated as a part of the
development of the office building, and the petitioner is requesting
the removal of the encumbrance of the abandoned easement from their
property.
Supervisor Minnix moved to approve the first reading and set
the second reading and public hearing for December 13, 1994. The
motion carried by the following recorded vote:
AYES: Supervisors KOhinke, Minnix, Nickens, Eddy
NAYS: None
ABSENT: Supervisor Johnson
h Ordinance Vacatina a Portion of a Dedicated Riaht-of-
Way Alona the Existina Cul-de-sac on Hidden Woods
Drive. Located in Fairwav Forest Estates. Section 3.
Subdivision. Windsor Hills Maaisterial District. UDon
the Petition of FFE DeveloÞment COrÞoration. (Arnold
Covey. Director of Enaineerina , InsÞections)
Mr. Covey advised that Hidden Woods Drive is being extended
by a new development named Hidden Woods Subdivision, and that portions
of the cul-de-sac which extends beyond the 50 foot right-of-way width
is requested to be vacated due to the extension of the street.
Supervisor Eddy moved to approve the first reading and set
the second reading and public hearing for December 13, 1994. The
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864 November 22, 1994 Þ
motion carried by the following recorded vote:
AYES: Supervisors KOhinke, Minnix, Nickens, Eddy
NAYS: None
ABSENT: Supervisor Johnson
~ Ordinance to Amend the Text of the Roanoke County
Zonina Ordinance to Include a Well-Head Protection
Overlay District. (Janet Scheid. Planner. Plannina and
Zonina)
Ms. Scheid advised that in 1992, the Department of Planning
and Zoning received a state grant to study water supply issues and
that
Theil
"Roanoke County Wellhead Protection Program" report was submitted to
three
public
wells
were
selected
for
in-depth
study.
the state in May, 1993. The purpose of the overlay district is to
provide another layer of protection to prevent contamination of the
County's public wells.
The proposed district would apply to new
structures and new land uses within a 1,500 foot radius around the
well head, and would only apply to three wells which have been studied
under the state grant.
These include (1) Starkey 1A; (2) Hidden
Valley 6; and (3) Bonsack Well No.1.
supervisor Nickens moved to approve the first reading and
set the second reading and public hearing for December 13, 1994. The
motion carried by the fOllowing recorded vote:
AYES:
Supervisors Kohinke, Minnix, Nickens, Eddy
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NAYS:
None
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November 22, 1994
865
ABSENT:
Supervisor Johnson
IN RE:
SECOND READING OF ORDINANCES
~ Ordinance Declarina a Parcel of Real Estate (Well Lot)
Identified as Tax MaD No. 86.01-1-23. Toaether with
ApÞurtenant 15' Drivewav and Water Line Easement,
Located Off Landview Drive to be SUrÞlus and
AcceÞtina/Reiectinq Offer for the Sale of Same. (John
Willey. ProÞerty Manaaer)
0-112294-6
Mr. Willey advised that this parcel of real estate and
easement have been declared surplus and that the only offer received
was from the adjacent property owner, Deborah Peoples, for $500. He
recommended that the Board accept Ms. Peopl~s' offer with the
condition that the land and easement be combined by deed or by plat
with the surrounding property. The well lot will become part of the
adjacent surrounding property and is being sold as is.
Supervisor Nickens moved to adopt the ordinance accepting
Deborah People's offer of $500 and subject to the condition in
paragraph #4. The motion carried by the fOllowing recorded vote:
AYES:
Supervisors Kohinke, Minnix, Nickens, Eddy
NAYS:
None
ABSENT:
Supervisor Johnson
ORDINANCE 112294-6 DECLARING A PARCEL OF REAL ESTATE (WELL
LOT) IDENTIFIED AS TAX HAP NO. 86.01-1-23, TOGETHER WITH
APPURTENANT 15' DRIVEWAY AND WATER LINE EASEMENT, LOCATED
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November 22, 1994
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OFF LANDVIEW DRIVE TO BE SURPLUS AND ACCEPTINC/RBJ'BO~INC
OFFER FOR THE SALE OF SAME
BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That pursuant to the provisions of section 16.01 of the
Charter of Roanoke County, the subject property, having been made
available and deemed unnecessary for other pUblic uses, is hereby
declared to be surplus.
2. That pursuant to the provisions of Section 18.04 of the
Charter of Roanoke County, a first reading of this ordinance was held
on October 25, 1994; and a second reading was held on November 22,
1994, concerning the disposition of the parcel of real estate,
formerly a well lot, identified on the Roanoke County Land Records as:1I
Tax Map No. 86.01-1-23, together with the appurtenant 15' driveway and
water line easement, located north of Roselawn Road off Landview Drive
in the Windsor Hills District of the County of Roanoke, Virginia.
3. That an offer for said property having been received,
the offer of Deborah S. Peoples
to purchase this property for the
sum of $500.00 is hereby accepted/rejected.
4. That acceptance of the offer to purchase the property
is subject to the condition that the parcel of land and appurtenant
easement shall be added and combined. by deed or bY plat. with the
property desiqnated as Tax Map No. 86.01-1-24 on the Roanoke County
Land Records.
5. That the purchase price for the property shall
be paidll
sale of
upon delivery of a deed therefor and all proceeds from the
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November 22, 1994
867
this real estate are to be paid into the water operating fund of the
utility Department.
6. That the County Administrator is hereby authorized to
execute such documents and take such actions on behalf of Roanoke
County as are necessary to accomplish the sale of said property, all
of which shall be on form approved by the County Attorney.
7. That this ordinance shall be effective o~ and from the
date of its adoption.
On motion of Supervisor Nickens to adopt the ordinance
accepting Deborah Peoples' offer of $500, subject to the condition in
paragraph #4, and carried by the following recorded vote:
AYES: Supervisors Kohinke, Minnix, Nickens, Eddy
NAYS: None
ABSENT: Supervisor Johnson
.L. Ordinance Authorizina Convevance of a 4.41 Acre Parcel
of Real Estate (Tax HaÞ No. 77.15-1-11) Known as the
Oaden Community Center Located at 2932 Oaden Road. Cave
SÞrina Maaisterial District. (Paul Mahonev. county
Attorney) (CONTINUED FROM OCTOBER 11. 1994)
Mr. Mahoney announced that this item had been postponed
until the December 13, 1994 meeting.
IN RE:
APPOINTMENTS
~ Buildina Code Board of Ad;ustments and AÞDea1s
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November 22, 1994
þ
Supervisor Nickens nominated Wilmore T. Leffell, vinton
District, to serve another four-year term. His term will expire
December 12, 1998.
.L. Court-Community Corrections Policy Board
Supervisor Eddy nominated Supervisor Nickens to serve
another three-year term. His term will expire December 31, 1997.
Supervisor Nickens advised that he will contact Dana Martin about
serving another term.
h Roanoke County Plannina Commission
Supervisor Nickens nominated A. Kyle Robinson, vinton
District, to serve another four-year term.
His term will expire
IN RE:
CONSENT AGENDA
R-112294-7
I
December 31, 1998.
There was no discussion. Item 12 includes authorization for
the advancement of up to $500,000 to the County Schools to proceed
with the architectural work at the new Cave Spring High School with
these funds to be reimbursed from the VPSA bond sale in Spring, 1995.
Supervisor Minnix moved to approve the Consent Agenda with
the addition of Items 18 and 19. The motion carried by the following
recorded vote:
AYES:
Supervisors Kohinke, Minnix, N1ckens, Eddy
NAYS:
None
ABSENT:
Supervisor Johnson
RESOLUTION 112294-7 APPROVING A!JD CONCURRING IN
CERTAIN ITEMS SET FORTH ON THE BOARD OF
SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS
ITEM L - CONSENT AGENDA
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November 22,1994 869
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 November 22, 1994, designated as Item L - Consent
Agenda be, and hereby is, approved and concurred in as to each item
separately set forth in said section designated Items 1 through 17,
inclusive, as follows:
1. Approval of Minutes for October 11, 1994, and October
25, 1994.
2. Acceptance of Water and Sanitary Sewer Facilities
Serving Chateaumont of Hunting Hills.
3. Acceptance of Sanitary Sewer Facilities Serving Greene
Sanitary Sewer Extension.
4.
Acceptance of Water and Sanitary Sewer Facilities
Serving Waterford, section 5.'
5. Request from the Fifth Planning District Commission for
Resolution of Support for the continuation of the Rural
Transportation Planning Program.
6. Request to Appropriate Monies for Public Assistance and
Service Programs for the Department of Social Services.
7. Request for Acceptance of Barrens Road Extension into
the Virginia Department of Transportation Secondary
Road System and the Abandonment of Route 9353.
8. Request for Approval of Raffle Permit from Child Abuse
Prevention Council of Roanoke Valley, Inc.
9. Request for Resolutions of Appreciation Upon the
Retirement of:
(a) Garland H. "Sammy" Rucker, General Services
Department.
(b) Beverly C. Webber, Social Services Department.
10.
Request for Approval of
Calendar Year 1995 from
Cheerleading Booster Club.
50/50 Raffle
William Byrd
Permit for
High School
11.
Request for Authorization to Reimburse General Services
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November 22, 1994
Þ
Valley
Budget for Recycling Expenses with Roanoke
Resource Authority Landfill Grant.
12. Reimbursement Resolution for Expenditures Prior to the
Issuance of the Approved Spring 1995 VPSA Bond Sale.
13. Requests for Approval of Execution of a Deed of
Boundary Settlement to Resolve Overlap of Property.
14. Acceptance of 0.491 Acre of Land For Byers Road.
15.
Request
Drive,
Virginia
System.
for Acceptance of Courtland Road, Hillview
North Rome Drive and Gala Drive into the
Department of Transportation Secondary Road
16. Request for Acceptance of Cider Mill Court~ and
Huntridge Road in to the Virginia Department of
Transportation Secondary Road System.
17. Request for Appointment of a Representative to the
Disability services Board.
18. Acceptance of Grant to Police Department from I
Department of Motor Vehicles for DUI Enforcement.
19. Acceptance of Grant to County and Unified Human
Services Transportation System (UHSTS) from the
Commonwealth of Virginia to Expand Public
Transportation Services within County.
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 Items 18 and 19 added, and carried by the following
recorded vote:"
AYES:
Supervisors Kohinke, Minnix, Nickens, Eddy
ABSENT:
Supervisor Johnson
I
NAYS:
None
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November 22, 1994
811
RESOLUTION 112294-7.4 SUPPORTING THE EXTENSION AND ADEQUATE
FUNDING OF THE RURAL TRANSPORTATION PLANNING PROGRAM
WHEREAS, the Rural Transportation Planning Program was
initiated in fiscal year 1994 by the Fifth Planning District
Commission, and
WHEREAS, the program has been funded by the Virginia
Department of Transportation on a trial basis for a period of three
years, which will conclude as of June 30, 1996, and
WHEREAS,
the Fifth Planning District Commission has
successfully
implemented
the
program
by
providing
valuable
transportation planning assistance to both the rural jurisdictions
II served and the Virginia Department of Transportation, and
WHEREAS, the Rural Transportation Planning Program has
afforded rural localities greater opportunity to participate in the
state-wide planning process.
NOW, THEREFORE BE IT RESOLVED that the Board of Supervisors
of
Roanoke
County,
Virginia,
strongly
supports
the
Rural
Transportation Planning program, and
FURTHER, the Board of Supervisors of Roanoke County,
Virginia,
wishes to
appeal
to the Virginia
Department of
Transportation to extend the Rural Transportation Planning Program
beyond fiscal year 1996, and to provide adequate funding to maintain
the quality of services of the program.
I
On motion of Supervisor Minnix to adopt the Resolution, and
carried by the following recorded vote:
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November 22, 1994
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AYES:
Supervisors KOhinke, Minnix, Nickens, Eddy
NAYS:
None
ABSENT:
Supervisor Johnson
RESOLUTION 112294-7.f REQUESTING ACCEPTANCE OF BARRENS ROAD
EXTENSION INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION
SBCONDARY SYSTEM AND ABANDONMENT OF ROUTE 9353 (SCHOOL BUS
ACCESS ROAD)
WHEREAS, State Route 9353, a school bus access road serving
Burlington Elementary a public school,
WHEREAS, a new subdivision road has been constructed,
improving the alignment and service previously provided by the
existing road, and serving the same citizens as the old,
WHEREAS, construction of the new road is complete and meets
standards, deemed by the Department of Transportation, appropriate for
th,e traffic anticipated, funding for which was provided by resources I'
other than those administered by the Virginia Department of
Transportation,
WHEREAS, this Board hereby guarantees a clear and
unencumbered right of way of 50 feet with additional drainéige and
slope easements as necessary for maintenance of the road,
NOW, THEREFORE, BE IT RESOLVED, this Board, pursuant to
Section 33.1-229, Code of Virginia, requests the following road be
added to the second~ry system of state highways,
Name of Road: Barrens Road Length: .18
From: Intersection of Route 117 (Peters Creek Road)
cul-de-sac
Plat Recorded, Date: 12/19/91 Plat Book: 13 Page:
miles
To:
194
BE IT FURTHER RESOLVED, the old alignment of route 9353 is
hereby abandoned in its entirety pursuant to Section 33.1-155, Code of
Virginia, in favor of the addition of the new road,
.,,~~,,:r!." F'tJR.-THER RESOLVED, the Department of Transportation is
requested"tò âss1gn a new route number to the new road ~ as
appropriate, and release the number of the old road for use elsewhere
when appropriate. _~
BE IT FURTHER RESOLVED, that a certified copy of thisl
resolution be forwarded to the Resident Engineer of the Virginia
Department of Transportation.
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November 22, 1994
813
Recorded Vote
Moved By:
Seconded By:
Yeas:
Nays:
Absent:
H. Odell Minnix
None Reauired
SuÞervisors Kohinke. Minnix. Nickens. Eddv
None
SuÞervisor Johnson
RESOLUTION 112294-7.h OF APPRECIATION UPON THE RETIREMENT OF
GARLAND H. RUCIœR, \ GENERAL SERVICES DEPARTMENT
WHEREAS,
Garland H. Rucker was first employed in August,
1971, as a Motor Equipment Operator in the Department of General
Services; and
WHEREAS, Garland H. Rucker has also served as a CUstodian
II in the Department of General Services; and
WHEREAS,
Garland H. Rucker, through his emploYment with
Roanoke County, has been instrumental in improving the quality of life
for its citizens.
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors
of Roanoke County, Virginia, expresses its deepest appreciation and
the appreciation of the citizens of Roanoke County to GARLAND H.
RUCKER for over 23 years of capable, loyal and dedicated service to
Roanoke County.
FURTHER,
the Board of Supervisors does express its best
wishes for a happy, restful, and productive retirement.
On motion of Supervisor Minnix to adopt the resolution, and
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814
November 22, 1994
þ
carried by the following recorded vote:
AYES:
Supervisors KOhinke, Minnix, Nickens, Eddy
NAYS:
None
ABSENT:
Supervisor Johnson
RESOLUTION 112294-7.i OF APPRECIATION UPON THE RETIREMENT OF
BEVERLY C. WEBBER, SOCIAL SERVICES DEPARTMENT
WHEREAS,
Beverly C. Webber was first employed in July,
1981, as an Eligibility Worker in the Department of Social Services;
,and
WHEREAS,
Beverly C. Webber has also served as a Senior '
in the Department Of Social Services; and . I
Eligibility Worker
WHEREAS,
Beverly C. Webber, through her' emploYment' with
,..,
Roanoke County, has been instrumental in improving the quality of life
for its citizens.
~
NOW, THEREFORE, BE IT RESOLVED that the Board o( ,Supervisors
of Roanoke county, Virginia,
expresses its deepest appreciation and
the appreciation of the, citizens of Roanoke County to BEVERLY C.
WEBBER for over 13 years of capable, loyal and dedicated service to
Roanoke County.;
FURTHER,
the Board of Supervisors does express its best
~ishes! for a happy, restful, gnd productive retirement.
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November 22, 1994
875
On motion of Supervisor Minnix to adopt the resolution, and
carried by the following recorded vote:
AYES: Supervisors Kohinke, Minnix, Nickens, Eddy
NAYS: None
II
ABSENT: Supervisor Johnson
RESOLUTION 112294-7.l OF THE BOARD OF SUPERVISORS
OF THE COUNTY OF ROANOIœ, VIRGINIA, ADOPTING AN
OFFICIAL INTENT TO REIMBURSE ADVANCES FOR CERTAIN
SCHOOL CAPITAL IMPROVEMENTS
WHEREAS, the Roanoke County School Board and the Board of
Supervisors of Roanoke County
Virginia (the "County") have
determined that it is advisable to contract a debt and issue general
II obligation bonds of the County in an amount not to exceed $10,100,000
("Bonds") to finance certain capital improvements for public school
purpose,s ("Projects") and to sell the Bonds to the Virginia Public
School Authority ("VPSA"), and
WHEREAS, the Board of Supervisors has authorized the County
Administrator to submit an application to the VPSA in order to sell
the bonds to the VPSA at the Spring 1995 bond sale;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS
OF THE COUNTY OF ROANOKE, VIRGINIA:
1. The Board adopts this official intent under Treasury
Regulations Section 1.150-2.
The Board reasonably expects ~o
I
reimburse advances made by the County or the County School Board to
pay' the costs of acquiring, constructing and equipping the Projects
from the proceeds of its debt or other financings. The maximum amount
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876
November 22, 1994
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of debt or other financing expected to be issued for the Projects is
$10,100,000.
2. This resolution shall take effect immediately.
On motion qf Supervisor Minnix to adopt the resolution, and
...J\
carried by the following recorded vote:
AYES:
Supervisors Kohinke, Minnix, Nickens, Eddy
NAYS:
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'"·~-:f-".:-1"';
None
ABSENT:
Supervisor Johnson
RESOLUTION ~12294-7.m AUTHORIZING THE EXECUTION OF
A DEED 0];', BOUNDARY - SETTLEMENT WITH CYNTHIA S.
GARDNER TORESOLVE;OVERLAP OF PROPERTY
. , t
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WHEREAS, the Board of Supervisors of
Roanoke èOUllty ,'II
102792-9, which
Virginia (the- "County") adopted Ordinance No.
authorized the acquisit~~n 01 approximately 13.744 acres from RogerE.
and Sharon M. Vest; and,
WHEREAS, there appears to exist an overlap of property
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between the real estate acquired by the County from Vest and a
neighboring tract of real estate owned by Cynthia S. Gardner; and,
WHEREAS, the County and Gardner desire to settle by
compromise the property line boundary between their respective parcels
of real estate.
NOW THEREFORE, BE IT RESOLVED, By the Board of Supervisors
of Roanoke County, Virginia:
1. That the County Administrator for Roanoke County is I
hereby authori~ëd to execute a deed of boundary settlement between the
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November 22, 1994
877
County and Cynthia S. Gardner, upon form approved by. the County
Attorney.
2. That said deed resolves and settles the location of the
boundary line between certain real estate and the overlap of property
owned by the parties located in the Back Creek area of the County,
near u.s. Highway 221, and further described and shown on a plat
prepared by Balzer and Associates, Inc., revised 3/2/94, which is
incorporated herein by reference.
On motion of Supervisor Minnix to adopt the Resolution, and
càrried by the following recorded vote:
AYES:
Supervisors KOhinke, Minnix, Nickens, Eddy
NAYS:
None
ABSENT:
Supervisor Johnson
RESOLUTION 112294-7.0 REQUESTING ACCEPTANCE OF 0.14 MILES OF
CORTLAND ROAD, 0.04 MILES OF HILLVIEW DRIVE, 0.02 MILES OF
NORTH ROME DRIVE AND 0 . 02 MILES OF GALA DRIVE INTO THE
VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY ROAD SYSTEM.
WHEREAS, the streets described on the attached Additions
Form SRI-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 SRI-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
BE IT FURTHER RESOLVED, this Board guarantees a clear and
unrestricted right-of-way, as described, and any necessary easements
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818
November 22, 1994
þ
for cuts, fills and drainage, and
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: H. Odell Minnix
Seconded By:None Reauired
Yeas: SuÞervisors Kohinke. Minnix. Nickens. EddY
Nays: None
Absent: SuÞervisor Nickens
RESOLUTION 112294-7.D REQUESTING ACCEPTANCE OF 0.10 MILES OF
CIDER MILL COURT AND 0.08 MILES OF HUNTRIDGE ROAD INTO THE
VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY ROAD 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 Departmentll
of Transportation has advised this Board the streets meet the
requirements established by the Subdivision Street Requirements 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 Requirements. and
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, that a certified copy of this
resolution be forwarded to the, Resident engineer for the Virginia
Department of Transportation.
Recorded Vote
Moved By: H. Odell Minnix
Seconded By:None Reauired
Yeas: SuÞervisors Kohinke. Minnix. Nickens. Eddy
Nays: None
Absent: SuÞervisor Nickens
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November 22, 1994
8W
RESOLUTION 112294-7. a APPOINTING A REPRESENTATIVE TO THE
DISABILITY SERVICES BOARD FOR ROANOKE COUNTY
WHEREAS, the County of Roanoke participates in the
Disability Services Board for the Fifth Planning District in
compliance with section 51.5-47 of the Code of Virginia, and
WHEREAS, the County of Roanoke is entitled to one
participant to serve on the Board representing the governmental entity
of the County;
NOW, THEREFORE, BE IT RESOLVED, that the County of Roanoke
appoints John M. Chambliss, Jr. to serve as its local official on this
regional Disability Services Board for the Fifth Planning District.
On motion of Supervisor Minnix to adopt the resolution, and
carried by the following recorded vote:
AYES:
Supervisors Kohinke, Minnix, Nickens, Eddy
NAYS:
None
ABSENT:
Supervisor Johnson
IN RE:
REPORTS AND INQUIRIES OF BOARD MEMBERS
SUDervisor Minnix: He reported that he is still receiving
complaints about the call-in system of bulk and trash pickup. He
advised that after the six-month evaluation period is complete, he
might initiate a move to return to the old method.
SUDervisor Nickens: He received a memorandum (rom Mr. Hodge
about the meeting of the Urban Summit sponsored by the Virginia
Chamber of Commerce to be held in Richmond on December 8, 1994, and
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November 22, 1994
recommended that someone from County attend.
þ
SUDervisor Kohinke:
(1)
He attended the Hollins Library
dedication on November 10th and expressed thanks to the staff and
everyone involved in the project.
(2)
He advised that he attended
the Virginia Association of Counties Conference at The Homestead on
November 13 - 15, 1994, and that he has sent a summary report to the
Board members.
(3) He advised that he had a copy of the VACO Draft
Legislative Agenda and was requested to send copies to all Board
members, Mr. Hodge, and Mr. Mahoney.
SUDervisor Eddy: He inquired about the status of the Water
Treatment Contract and asked Gary Robertson to give a brief report.
Mr. Robertson advised that Crowder Construction from Bristol'lI
Tennessee was the low bidder for $9.352 million; that final approval
from the Health Department has been received; that Notice of Award was
sent yesterday to Crowder Construction; and that the construction time
would be 345 days or by the end of 1995.
IN RE:
REPORTS
Supervisor Nickens moved to receive and file the following
reports.
The motion carried by a unanimous voice vote with
Supervisor Johnson absent.
~ General Fund UnaÞÞroÞriated Balance
.L. CaÞital Fund UnaÞÞroÞriated Balance
h Board continaencv Fund
.L.. Accounts Paid:
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November 22, 1994
881
1Al Auaust 1994 (corrected)
~ Seþtember 1994
121 October 1994
h statement of Revenues and EXÞendi tures as of October
31. 1994
L. Fire and Rescue Reaction/ResÞonse Times - SeÞtember
1994
Bond Proiect status ReÞort
statement of the Treasurer's Accountability Per
Investments and Portfolio Policy. as of:
1Al SeÞtember 30. 1994
~ October 31. 1994
ReÞort on Broadcastina Board of SUÞervisors' Meetina on
RVTV - Channel 3.
L...
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IN RE: RECESS FOR MEDIA QUESTIONS
A reporter asked for clarification about the completion date
for the water treatment plant. Mr. Robertson advised that Crowder
Construction Company will get the notice to proceed in about two weeks
and that completion will be 345 days from that date or by the end of
1995.
Ms. Dutchie Hughes, WFIR radio, asked if a committee was
responsible for the legislative package. Chairman Eddy responded that
there was no committee and this was done by the Board.
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November 22, 1994
þ
IN RE:
EXECUTIVE SESSION
At 5:00 p.m., supervisor Minnix moved to go into Executive
Session pursuant to the Code of Virginia section 2.1-344 A
( 3 ) To
Discuss Acquisition of Real Property for Public Purposes, Water
Transmission Lines;
(7) To Discuss Pending Litigation, Roanoke City
Water Claim;
(7) To Discuss the Condemnation of Real Property for
Public utility Purposes, Water Transmission Lines.
The motion
carried by the following recorded vote:
AYES:
Supervisors Kohinke, Minnix, Nickens, Eddy
NAYS:
None
ABSENT:
Supervisor Johnson
IN RE:
CERTIFICATION OF EXECUTIVE SESSION
II
R-112294-8
At 7: 00 p.m., supervisor Minnix moved to return to Open
Session and adopt the certification Resolution. The motion carried by
the following recorded vote:
AYES:
Supervisors Kohinke, Minnix, Nickens, Eddy
NAYS:
None
ABSENT:
Supervisor Johnson
RESOLUTION 112294-8 CERTIFYING EXECUTIVE MEETING WAS HELD IN
CONFORMITY WITH THE CODE OF VIRGINIA
WHEREAS, the Board of Supervisors of Roanoke County,
Virginia has convened an executive meeting on this date pursuant to an
affirmative recorded vote and in accordance with the provisions 0t Theil
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88J
Virginia Freedom of Information Act; and
WHEREAS, Section 2.1-344.1 of the Code of Virginia requires
a certification by the Board of Supervisors of Roanoke County,
Virginia, that such executive meeting was conducted in conformity with
Virginia law.
NOW, THEREFORE, BE IT RESOLVED, that the Board of
Supervisors of Roanoke County, Virginia, hereby certifies that, to the
best of each members knowledge:
1. Only public business matters lawfully exempted from open
meeting requirements by Virginia law were discussed in the executive
meeting which this certification resolution applies, and
2~ Only such pUblic business matters as were identified in
the motion convening the executive meeting were heard, discussed or
considered by the Board of Supervisors of Roanoke County, Virginia.
On motion of Supervisor Minnix to adopt the Resolution, and
carried by the following recorded vote:
AYES: Supervisors KOhinke, Minnix, Nickens, Eddy
NAYS: None
ABSENT: Supervisor Johnson
IN RE:
PUBLIC HEARINGS
~
Public Hearina for the Consideration of Acauisition bY
Condemnation of' Easements Across ProÞertv Owned by
steven M. Huffman and Sandra B. Huffman. and bv George
W. Drewry. Jr. and Carol H. Drewrv. and Meredith H.
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November 22, 1994
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waid.
for the Water Transmission Line Pro;ect.
(William B. Hopkins. Jr.. Counsel for Roanoke County)
R-112294-9
Mr. Hopkins advised that eminent domain proceedings are
necessary to acquire easements for the Water Transmission Line Project
because the County has been unable to reach agreement with the owners
of the property: George W. Drewry, Jr., Carol H. Drewry, and Meredith
B. waid, and steven M. Huffman and Sandra B. Huffman.
He advised that the Drewry and Waid's property is located
near Poor Mountain Road and that they are requesting $2,400 for the
easement. The County has an appraisal from Mr. Robertson with a value
of $708.
He asked that the Board authorize proceeding with
the II
are
condemnation and advised that negotiations with the landowner
still permitted after the condemnation certificate is obtained.
He advised that the County also needs to acquire property
owned by Steven M. and Sandra B. Huffman, consisting of six separate
parcels, located on Whippoorwill Lane. The County offered $2,081 for
the six parcels, based on an appraisal by Mr. Robertson. The
landowners have agreed to the valuation of the five smaller easements
but are requesting $6,000 for the largest parcel because they contend
they can no longer use this parcel as two lots. Mr. Hopkins advised
that Mr. Richard Padgett, attorney for the Huffmans, could not be
present for the meeting but Mr. Padgett has asked for separate
appraisals and wants to continue negotiations.
He advised Mr. padgettl
would not preclude any
that approval of the condemnation certificate
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November 22, 1994
885
,
further negotiations.
Mr. Robert A. Waid, P. O. Box 164, Fincastle, VA 24090,
advised that he did not agree with 30% of the fair market value for
the easement and thought 80% was more appropriate. He spoke of the
problems that would be encountered in trying to develop the property
if the easement line stays as proposed.
Chairman Eddy advised Mr. Waid that the County's standard
ratio for fair market value is 40 percent, and not 30 percent.
Supervisor Nickens advised that he did not feel the County
should deviate from its standard procedure and encouraged Mr. Waid to
work with the County staff.
Supervisor Nickens moved to adopt the resolution to move
~
forward and acquire the property by eminent domain. The motion carried
by the fOllowing recorded vote:
AYES:
Supervisors KOhinke, Minnix, Nickens, Eddy
NAYS:
None
ABSENT:
Supervisor Johnson
RESOLUTION 112294-9 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 GEORGE W.
DREWRY, JR., CAROL H. DREWRY AND MEREDITH B. WAID,
AND STEVEN M. AND SANDRA B. HUFFMAN FOR THE WATER
TRANSMISSION LINE PROJECT
Following a public hearing of the Board of Supervisors of
Roanoke County on Tuesday, November 22, 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:
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November 22, 1994
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the Board of Supervisors of Roanoke
BE IT RESOLVED
by
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 project is necessary for the general health,
safety and welfare of the public, and specifically will 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 Project, the County needs
toll
acquire an interest in the properties described below:
(a) OWNER: George W. Drewry, Jr., Carol H. Drewry and
Meredith B. Waid;
PROPERTY DESCRIPTION: Parcel of land located near Poor
Mountain Road, Roanoke County, Virginia (Roanoke County
Tax Map No. 74.00-01-02)
See attached plat identified as "EXHIBIT A" showing water
easement and temporary construction easement to be acquired from
George W. Drewry, Jr. Carol H. Drewry and Meredith B. Waide
(b)
OWNER: Steven M. Huffman and Sandra B. Huffman;
PROPERTY DESCRIPTION: Parcel of land located on
Whippoorwill Lane, Roanoke county, Virginia (Roanoke
County Tax Map Nos. 74.00-02-11, 74.00-02-12, 74.00-02-
13, 74.00-02-14, 74.00-02-15, and 74.00-02-16)
showing I
See plats collectively identified as "EXHIBIT B"
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November 22, 1994
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'water easement and temporary construction easement to be acquired from
the 6 parcels of land owned by steven M. Huffman and Sandra B.
Huffman.
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
George W. Drewry, Jr., Carol
H. Drewry and Meredith B. Waid
$ 708.00
Steven M. Huffman and
Sandra B. Huffman
$2,081. 00
6.
That each of the landowners have been offered the
amounts listed in paragraph 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 resolution the County hereby
states its intent to do so.
8. That pursuant to the provisions of Section 15.1-238(E)
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November 22, 1994
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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 the Exhibits 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
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 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
as described above on or before November 30, 1994.
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landowners I
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November 22, 1994
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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 Nickens to adopt the resolution, and
carried by the following recorded vote:
AYES: Supervisors Kohinke, Minnix, Nickens, Eddy
NAYS: None
ABSENT: Supervisor Johnson
IN RE:
PUBLIC HEARING AND SECOND READING OF ORDINANCES
~ Ordinance to Rezone 1.790 Acres from R-2C. R-1 and C-2
to C-2 and Obtain a SÞecial Use Permit to OÞerate a
Convenience Store with Fast Food. Located at the
Intersection of Washinaton Avenue and Feather Road.
vinton Maaisterial District. UDon the petition of
Shanks Associates P.C. (Arnold Covey. Director.
Enaineering , InsÞections) (CONTINUED FROM OCTOBER 25.
1994)
0-112294-10
Mr. Covey advised that this request was continued from the
October 25, 1994 meeting so that the staff could review the use of
coal combustion byproducts (fly ash) to be used as fill material. He
reported on a meeting that was held at the site with County staff, Mr.
Fairchild, and representatives from KBK Enterprises, Department of
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November 22, 1994
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that
Environmental Quality, and Appalachian Power Company, and advised
the petitioner has voluntarily agreed to conditions for the special
use permit.
Mr. Covey has determined that KBK Enterprises will be
totally responsible for everything concerned with the fly ash and that
they will have an inspector on the site. The property owner and KBK
Enterprises are confident that they will have no problems in meeting
the stipulations being placed on the special use permit.
Mr. Covey advised that the fly ash is not regulated under
the Department of Environmental Quality (DEQ) requirements or any
proposed regulations.
He recommended approval of the special use
permit with conditions. I
In response to Supervisor Eddy's question about any future
liability of the County for the fly ash, Mr. Covey explained that
according to Danny Gray, APCO is tied to the site forever because
administrative law ties the fly ash to the generator. Mr. Mahoney
also advised Supervisor Eddy that even though there are numerous
conditions in the special use permit, this does not crèate liability
on the part of the County.
Supervisor Nickens advised that although there was no
recommendation from the County Administrator for this item, Mr. Hodge
endorsed approval of the special use permit in a memorandum dated
November 15, 1994 to the Board Members.
He quoted from Mr. Hodge's
memo: " . . . Based on that meeting, I am satisfied that this is an
acceptable use of the fly ash. 'The company will supervise Placementl
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November 22, 1994
891
of the ash on the property and acknowledges that it will have on-going
responsibility. Representatives of DEQ and the company will be at the
Board Meeting to answer any questions you may have."
Supervisor Nickens thanked the staff, Mr. Fairchild, and Mr.
Dean Downs, Senior Environmental Engineer, DEQ, for their additional
work and information supplied.
Mr. Mahoney advised that after speaking wi th staff, Mr.
Fairchild and Mr. Gray, he made four changes in an attempt to clarify
the ordinance.
He also advised that there should be a deletion of
Section 3.3-5-B on page 5.
Supervisor Nickens moved to adopt the revised ordinance as
presented by Mr. Mahoney, and the deletion on page 5.
The motion
carried by the following recorded vote:
AYES:
Supervisors KOhinke, Minnix; Nickens, Eddy
NAYS:
None
ABSENT:
Supervisor Johnson
ORDINANCE 112294-10 TO CHANGE THE ZONING
CLASSIFICATION OF A 1.790-ACRE TRACT OF REAL
ESTATE LOCATED AT THE INTERSECTION OF WASHINGTON
AVENUE AND FEATHER ROAD (PORTION OF TAX MAP NO.
61.18-2-25) IN THE VINTON MAGISTERIAL DISTRICT
FROM THE ZONING CLASSIFICATION OF R-2 (RESIDENTIAL
WITH CONDITIONS), R-1 (RESIDENTIAL), AND C-2
(COMMERCIAL) TO THE ZONING CLASSIFICATION OF C-2
(COMMERCIAL) WITH CONDITIONS AND AUTHORIZING A
SPECIAL USE PERMIT TO OPERATE A CONVENIENCE STORE
UPON TAX PARCEL 61.14-4-4.3 AND A PORTION OF
61.18-2-25 UPON THE APPLICATION OF SHANKS
ASSOCIATES P.C.
WHEREAS, the first reading of this ordinance was' held on
September 27, 1994, and the second reading and public hearing were
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November 22, 1994
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held October 25, 1994, and November 22, 1994; and,
WHEREAS, the Roanoke County Planning Commission held a
public hearing on this matter on October 4, 1994; and,
WHEREAS, legal notice and advertisement has been provided as
required by law.
BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That the zoning classification of a certain tract of
real estate containing 1.790 acre, as described herein, and located at
the intersection of Washington Avenue and Feather Road, (Tax Map
Numbers 61.14-4-4.3 and part of 61.18-2-25) in the vinton Magisterial
District, is hereby changed from the zoning classification of R-211
(Residential District with Conditions), R-1 (Residential District),
and C-2 (Commercial District) to the zoning classification of C-2
(Commercial District).
2. That this action is taken upon the application of
Shanks Associates P.C.
3. That the Board of Supervisors hereby authorizes the
granting of a Special Use Permit to operate a convenience store upon
Tax Parcel No. 61.14-4-4.3 and a portion of 61.18-2-25 and hereby
imposes the following special use permit conditions:
(1) Coal combustion by-products (CCB) shall not be placed:
(A) In areas sUbject to base floods unless it can be
shown that CCB can be protected from inundation or
washout and that flow of water is not restricted;
(B) with the vertical separation between the CCB andl
the maximum seasonal water table or bedrock less
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November 22, 1994
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than two feet;
(C) Closer than:
(1) 100 feet of any perennial stream in a
down-gradient direction,
(2) 100 feet of any water well (other than a
monitoring well) in existence at the
onset of the project.
(3) 25 feet of a bedrock outcrop, unless the
outcrop is properly treated to minimize
infiltration into fractured zones.
(4) 100 feet of a sinkhole, or
(5)
25 feet from any property boundary or,
in the case of projects permitted by the
DMME, 25 feet from the permit boundary,
except where the adj acent property is
VDOT right-of-way and the CCB is covered
by pavement or concrete.
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(NOTE: All distances are to be measured
in the horizontal plane.)
(D) In wetlands, unless applicable federal, state and
local permits are obtained;
(E) On the site of an active or inactive dump,
unpermitted landfill, lagoon, or similar facility,
even if such facility is closed.
(2) The owner/applicant shall prepare appropriate design
plans and a design report addressing the following
requirements. This plan and report shall be submitted
to the County for its review and comment prior to
commencing construction.
(A) A survey benchmark shall be identified and its
location referenced on drawings and maps of the
site.
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(B) During construction and filling, off-site runoff
shall be diverted around the use, reuse or
reclamation areas. The uncovered active CCB fill
areas shall be graded to a maximum slope of 5
percent and a smooth surface maintained to provide
for sheet flow runoff and to prevent 'dusting.
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November 22, 1994
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Runoff from the use, reuse or reclamation area
shall be controlled and contained by use of
diversion ditches, sediment traps, berms and/or
collection ponds in accordance with the site
erosion control plan. The use, reuse or
reclamation projects shall be designed to divert
surface water run-on from a 25-year, 24-hour storm
event.
(C) Finished side slopes shall be stable and be
configured to adequately control erosion and
runoff. Side slopes of 33 percent will be allowed
provided that adequate runoff controls are
established. Steeper side slopes may be
considered if supported by necessary stability
calculations and appropriate erosion and runoff
control features. All finished slopes and runoff
management units shall be supported by necessary
calculations and included in the design report.
(D) The finished top slope shall be at least 2% to
prevent ponding of water, except where covered by
a building, a paved roadway, a paved parking'lI
surface, paved walkways or sidewalks, or similar
structures.
(E) Upon reaching the final grade, the placed material
shall be covered in accordance with the
requirements of section 3.4 of the proposed
Virginia DEQ Regulation Governing Management of
Coal Combustion By-Products.
(3) The owner/applicant shall submit an operation plan
addressing the following requirements. This plan and
report shall be submitted to the County for its review
and comment prior to commencing construction.
(A) Tracking of mud or CCB onto public roads from the
site shall be controlled at all times to minimize
nuisances.
(B) The addition of any solid waste including but not
limited to hazardous, infectious, construction,
debris, demolition, industrial, petroleum-
contaminated soil, or municipal solid waste to CCB
is prohibited.
Fugitive dust shall be controlled at the site sol
it does not constitute nuisances or hazards.
(C)
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(D) After preparing the subbase, CCB shall be placed
in no greater than 12-inch layers. The CCB shall
then be compacted to a minimum 95 percent of the
maximum dry density achievable at its optimum
moisture content in accordance with the Sta_ndard
Proctor method, ASTM test designation D 698, or to
a minimum of 80 percent relative density as
determined by ASTM test designation D 4254 for
coal combustion bottom ash and boiler slag. Field
compaction tests shall be taken for each 5,000
cubic yards placed.
(E) A surface run-on and run-off control program shall
be implemented to control and reduce the
infiltration of surface water through the CCB and
to control the runoff from the placement area to
other areas and to surface waters.
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(F) Runoff shall not be permitted to drain or
discharge into surface waters except when
authorized under a VPDES Permit issued pursuant to
the state Water Control Board Regulation No. VR
680-14-01, or otherwise approved by the County.
(G) CCB site development shall be in accordance with
the Virginia Erosion and Sediment Control
Regulations (VR 625-02-00) or the Coal Surface
Mining Reclamation Regulations (VR 480-03-19), as
applicable.
(4) Within 90 days after placement of the final cover is
complete, the owner/applicant shall submit to the
County.
(A) A survey plat prepared by a professional land
surveyor registered by the Commonwealth,
indicating the location and dimensions of the
placement areas. The plat filed with the Clerk of
the Circuit Court for Roanoke County shall contain
a note, 'prominently displayed, which states that
"Coal Combustion by-products have been placed in a
structural manner on this property in accordance
wi th Commonweal th of Virginia Department of
Environmental Quality VR 672-20-10, Scctioß 3.3 5
B-r "
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(5) The owner/applicant shall submit to the County:
(A) A description of the nature, purpose and location
of the CCB site, including a topographic map
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November 22, 1994
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showing the si te area and available soils, and
geological maps. The description shall include an
explanation of how CCB will be stored prior to
use, reuse or reclamation, if applicable.
(B)
The estimated beginning and ending dates for the
operation.
(C) An estimate of the volume of the CCB to be
utilized.
(D) A description of the proposed type of CCB to be
used, reused or reclaimed, including physical and
chemical characteristics of the CCB. The chemical
description shall contain the results of TCLP
analyses for the constituents shown in Table 1 of
the state regulations. The description shall also
contain a statement that the project will not
manage CCB that contain any constituent at a level
exceeding those shown in the table.
4. That said real estate
is more
fully described as
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follows:
REZONING - LEGAL DESCRIPTION
Portion of Tax Parcel 61.18-2-25 - BEGINNING on a point on
the eastern right-of-way line of Feather Road (state Route
654); thence, s. 45 deg. 46' 55" E. 20.42 feet to a point;
thence s. 35 deg. 29' 56" E. 105.68 feet to a point; thence
s. 19 deg. 53' 20" E. 16.90 feet to a point: thence leaving
said right-of-way line, s. 64 deg. 24' 16" W. 353.77 feet to
a point; thence s. 74 deg. 12' 19" W. 67.18 feet to a point;
thence N. 35 deg. 38' 32" W. 62.45 feet to a point; thence
N. 29 deg. 97' 53" E. 34.79 feet to a point; thence N. 76
deg. 27' 54" W. 75.89 feet to a point; thence N. 57 deg. 08'
03" W. 65.62 feet to a point; thence N. 01 deg. 00' 46" W.
70.27 feet to a point; thence N. 84 deg. 35' 03" E. 352.61
feet to a point; thence s. 84 deg. 12' 47" E. 35.39 feet to
a point; thence N. 73 deg. 28' 23" E. 21.02 feet to a point;
thence N. 44 deg. 55' 35" E. 45.33 feet to a point; thence
N. 39 deg. 44' 33" E. 20.76 feet to a point, said point
being the Point of Beginning, said property containing 1.790
acres, more or less
SPECIAL USE PERMIT - LEGAL DESCRIPTION
Tax Parcel 61.14-4-4.3 and a Portion of 61.18-2-25 _I
BEGINNING on a point on the southern right-of-way line of
Washington Avenue (state Route 24 - 50' right-of-way);
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November 22, 1994
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thence N. 84 deg. 35' 03" E. for a distance of 268.86 feet
to a point, said point being a point on the western right-
of-way line of Feather Road (state Route 654 - variable
width right-of-way); thence along right-of-way line of
Feather Road S. 45 deg. 46' 55" E. for a distance of 282.92
feet to a point; thence, S. 35 deg. 29' 56" E. for a
distance of 105.68 feet to a point; thence S. 19 deg. 53'
20" E. for a distance of 16.90 feet to a point; thence
leaving said right-of-way line S. 64 deg. 24' 16" W. for a
distance of 353.77 feet to a point; thence S. 74 deg. 12'
19" W. for a distance of 67.18 feet to a point; thence S. 35
deg. 38' 32" W. for a distance of 62.45 feet to a point;
thence N. 29 deg. 07' 53" E. for a distance of 34.79 feet to
a point; thence N. 76 deg. 27' 54" W. for a distance of
75.89 feet to a point; thence N. 57 deg. 08' 03" W. for a
distance of 65.52 feet to a point; thence N. 01 deg. 00' 46"
W. for a distance of 310.52 feet to a point, said point
being the Point of Beginning, together and subject to
covenants, easements, and restrictions of record, said
property containing 3.851 acres; more or less.
5. That this ordinance shall be in full force and effect
II thirty (30) days after its final passage. All ordinances or parts of
ordinances in conflict with the provisions of this ordinance be, and
the same hereby are, repealed. The Zoning Administrator is directed
to amend the zoning district map to reflect the change in zoning
classification authorized by this ordinance.
On motion of Supervisor Nickens to adopt the revised
Ordinance with deletion on page 5, and carried by the following
recorded vote:
AYES:
Supervisors KOhinke, Minnix, Nickens, Eddy
NAYS:
None
ABSENT:
Supervisor Johnson
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Ordinance to Rezone AÞÞroximatelv 125 Acres f,rom I-2C
to I-2C to Amend Proffered Conditions for BUffer Yards.
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November 22, 1994
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of
Located on Route 11/460. Two Miles East of Exit 132
I-81 in the Catawba Maaisterial District. UÞon the
Petition of the Industrial DeveloÞment Authority.
(Arnold Covey. Director. Enaineerina , InsÞections)
0-112294-11
There was no discussion, and no citizens were present to
speak on this issue.
Mr. Ed Natt, Legal Counsel for the IDA was
present.
Supervisor Kohinke moved to adopt the ordinance. The motion
carried by the following recorded vote:
AYES:
Supervisors Kòhinke, Minnix, Nickens, Eddy
NAYS:
None
ABSENT:
Supervisor Johnson
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ORDINANCE 112294-11 AMENDING PROFFERED CONDITIONS ON THE
REZONING OF A 125-ACRE TRACT OF REAL ESTATE (A PORTION OF
TAX MAP NO. 64.02-2-50) LOCATED ON US 11/460, 2 MILES EAST
OF EXIT 132 OF I-81 IN THE CATAWBA MAGISTERIAL DISTRICT FROM
THE ZONING CLASSIFICATION OF I-2C, CONDITIONAL, TO THE
ZONING CLASSIFICATION OF I-2C, CONDITIONAL (MODIFICATION TO
PROFFERED CONDITIONS) UPON THE APPLICATION OF INDUSTRIAL
DEVELOPMENT AUTHORITY OF ROANOIœ COUNTY
WHEREAS, a portion of the property was rezoned to M-2 (now
I-2) with proffered conditions in 1990 (Ordinance 102390-11); and
WHEREAS, the Roanoke County Planning Commission hearing on
this matter was held on November 1, 1994; and
WHEREAS, the first reading of this ordinance was held on
October 25, 1994; and the second reading and public hearing were
on November 22, 1994; and
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WHEREAS, legal notice and advertisement has been provided as
required by law.
BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That the zoning classification of a certain tract of
real estate containing 125 acres (a portion of TAX HAP NO. 64.02-2-50)
and located on US 11/460, 2 miles east of exit 132 of I-81 in the
Catawba Magisterial District is hereby changed from the zoning
classification of I-2C, Industrial District, with proffered
conditions, to the zoning classification of I-2C, with amended
proffered conditions.
2. That this action is taken upon the application of the
Industrial Development Authority of Roanoke county.
3. That the owners voluntarily proffered in writing the
fOllowing amendments to the conditions approved by the Board of
Supervisors in 1990, which the Board of Supervisors hereby amends as
follows:
1)
The use of the property will be limited to the
manufacture and assembly of products.
Vehicular access will be limited to Route 11/460. No
vehicular access will be permitted off of Yale Drive.
Rail access will be permitted to the property.
The height of the principal structures, regulated by
the provisions of the ordinance, on the premises shall
not exceed 60 feet measured from the ground level at
2)
3)
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November 22, 1994
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the structure.
4) A buffer zone shall be established from any principal
structure or outside storage facility to any property
line adj oining existing residentially zoned property.
This buffer zone shall be a minimum of 100 feet.
5) The measured noise omissions from the facility shall
not exceed an average of 80 dba over a one hour test
period at the property line adjoining any existing
residentially zoned or residentially used property.
6) Lighting shall be directed away from any adj oining
residential property. Lighting poles shall not exceed
40 feet in height measured from the ground and shallll
not exceed a lumen level of approximately 4 foot
candles at the pavement level.
4. That this ordinance shall be in full force and effect
thirty (30) days after its final passage. All ordinances or parts of
ordinances in conflict with the provisions of this ordinance be, and
the same hereby are, repealed.
On motion of Supervisor Kohinke to adopt the ordinance, and
carried by the following recorded vote:
AYES:
Supervisors Kohinke, Minnix, Nickens, Eddy
NAYS:
None
ABSENT:
Supervisor Johnson
IN RE:
ADJOURNMENT
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At 7:34 p.m.,
Supervisor Nickens moved to adjourn.
The
motion carried by a unanimous voice vote with Supervisor Johnson
absent.
Respectfully submitted,
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Brenda J. Hqlton
Deputy Clerk
Approved by,
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