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HomeMy WebLinkAbout11/22/1994 - Regular ~ ~ 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 I The invocation was given by John M. Chambliss, Jr., Assistant County Administrator. The Pledge of Allegiance was recited ~ ,.... 848 November 22, 1994 þ 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 ~ ~ I I ~ November 22, 1994 849 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. ....4 ,.... 850 November 22, 1994 þ 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 I I 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 ! i that are already designated for improvement, l ~ I I ~ November 22, 1994 w 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. ....4 ,.... 852 November 22, 1994 þ 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 l ~ I ( I '1',. :' '<;~ . .. ~. l ~ ./.,-" November 22, 1994 8S3 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 ....4 ,.... 854 November 22, 1994 þ 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: l ~ I I "1:::..' ,.. ."'~ -...", ';'*'14.;:.- ~ " 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 j ,.... 856 November 22, 1994 þ 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. fO:1I l ~ I I .;,.~:.~:",,~ '-'~+" ~_··I~". :-.~. .~..~...;.. ~ November 22, ·1994 857 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 ~ ,.... 858 November 22, 1994 þ 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. l ~ I I ~. ,- ~,",,:~;'" '~t',:~-;,;n~!~ ·;;';.:':;i7~'i:(~::~~:,~^,':<. ; ~ November 22, 1994 &s9 ~ 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) ~ ,.... 860 November 22, 1994 þ 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 I 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) l ~ II I ';-"-.-..... ,. -.;;-~ - n~-~·~"'..., -.~~"",. ~ November 22, 1994 ~ 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: ~ ,.... 862 November 22, 1994 þ 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 l ~ I I . .'. - ~ ".~ . .' .... ~ i'; -, ", ~ November 22, 1994 8èJ 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 ~ ,.... 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 I NAYS: None l ~ I I ~ 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 ~ ,.... 866 November 22, 1994 þ 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 l ~ I I ~ 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 ~ ,.... 868 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 I l ~ I I ~ 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 j ,.... 870 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 l ~ ~ 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: j ,.... 872 November 22, 1994 þ 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. ~ ~ I I ~ 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 ...4 ,.... 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. I l ~ ~ 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 ~ ,.... 876 November 22, 1994 þ 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: ~- - , '"·~-: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 \'\ 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 >~ .,.,''¡.,,-..: . -i . ,- ;". 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 (; l ~ I I ~ 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 ~ ,.... 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 I l ~ II I u .'. '.,:.:.:~/::'<' ~ ~P:",.,~:" 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 j ,.... 880 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: I ~ ~ II I ~ ..,<''- 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... JL.. .L. 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. ~ ,.... 882 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 l 4 II I ;.:.~ i' ~ November 22, 1994 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. ~ ,... 884 November 22, 1994 þ 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 l ~ I I ~ 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: ....4 ,.... 886 November 22, 1994 Þ 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" ~ ~ II I ~ November 22, 1994 887 '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) ....4 ,.... 888 November 22, 1994 Þ 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. inll landowners I l ~ I I ~ November 22, 1994 889 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 ~ ,.... 890 November 22, 1994 Þ 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 ~ ~ II I ~ 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 ....4 ,.... 892 November 22, 1994 þ 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 l ~ ~ November 22, 1994 89J 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. II (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. I (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. ~ ,.... 894 November 22, 1994 þ 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) l ~ ~ November 22, 1994 895 (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. I (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 " I (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 ~ ,... 896 November 22, 1994 Þ 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 II 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); ~ ~ ~ November 22, 1994 897 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 I .L. Ordinance to Rezone AÞÞroximatelv 125 Acres f,rom I-2C to I-2C to Amend Proffered Conditions for BUffer Yards. ~ ,.... 898 November 22, 1994 Þ 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 II 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 he1dll l ~ I I ~ November 22, 1994 S99 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) ~ ,.... 900 November 22, 1994 þ 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 I l ~ November 22, 1994 ~ 901 I I At 7:34 p.m., Supervisor Nickens moved to adjourn. The motion carried by a unanimous voice vote with Supervisor Johnson absent. Respectfully submitted, ~~~ Brenda J. Hqlton Deputy Clerk Approved by, .....4 ,.... 902 November 22, 1994 þ This page was left blank intentionally. I I ~