10/12/1993 - Regular
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October 12, 1993
685
Roanoke County Board of Supervisors
Roanoke County Administration Center
3738 Brambleton Avenue, S.W.
Roanoke, Virginia 24018
October 12, 1993
The Board of Supervisors of Roanoke County, Virginia, met
this day at the Roanoke County Administration Center, this being the
second Tuesday, and the first regularly scheduled meeting of the month
of October, 1993.
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IN RE:
CALL TO ORDER
Chairman Minnix called the mel3ting to order at 3: 05 p.m.
The roll call was taken.
MEMBERS PRESENT:
Chairman H. Odell "Fuzzy" Minnix, Vice Chairman
Lee B. Eddy, Supervisors Bob L. Johnson, Edward G.
Kohinke, Sr., Harry C. Nickens (arrived at 3:07
pm)
MEMBERS ABSENT:
None
STAFF PRESENT:
Elmer C. Hodge, County Administrator; Paul M.
Mahoney, County Attorney; Mary H. Allen, Clerk;
John M. Chambliss, Assistant County Administrator;
Don C. Myers, Assistant County Administrator;
Anne Marie Green, Information Officer
IN RE:
OPENING CEREMONIES .
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The invocation was given by John M. Chambliss,
Assistant County Administrator.
The Pledge of Allegiance was
recited by all present.
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October 12, 1993
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IN RE:
REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF
AGENDA ITEMS
Chairman Minnix added several Executive Session items.
IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS
h Proclamation declarina the Week of October 23 -
31, 1993 as Red Ribbon Week in Roanoke county.
Ms. Katie Zawacki, Blue Ridge Community Services
accepted the proclamation on behalf of the Roanoke Area Youth
Substance Abuse Coalition.
Supervisor Kohinke moved to adopt the proclamation.
The motion carried by the following recorded vote:
AYES: Supervisors Johnson, KOhinke, Eddy, Nickens, Minnix
NAYS: None
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IN RE:
NEW BUSINESS '
h Consideration of Alternatives to Fund Road
Pro;ects Eliminated bv the Reduction of VDOT
Revenue Sharina. (Elmer C. Hodae, County
Administrator)
A-l01293-1
Mr. Hodge advised that VDOT has reduced the County's
supplemental Revenue Sharing Match from $200,000 to $172,600
resulting in the elimination from the Priority List of Buckland
Mill Road, Drake Circle, Irondale Circle and Bradshaw Road. He
further advised that the residents in the Buckland Forest area
have raised $4,000 of the amount needed for their share of the
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funds.
October 12, 1993
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Mr. Hodge recommended that the residents continue to
raise their share, and that the County match their share with
savings from other revenue sharing project. If additional funds
are necessary, staff will come back to the Board with a funding
request.
He recommended that the Roanoke Valley Resource
Authority be encouraged to fund the entire Bradshaw Road culvert
project.
Following discussion, Supervisor Johnson moved to
approve the staff recommendation.
The motion carried by the
following recorded vote:
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AYES:
Supervisors Johnson, KOhinke, Eddy, Nickens, Minnix
NAYS:
None
L. Reauest to Amend the Contract Governina the
Ro~noke CountY-Botetourt County Joint Library.
(SDencer watts, Library Director)
A-101293-2
Mr. Watts reported that the original terms of the joint
library agreement called for decennial review of the allocation
of costs following each census.
There was also a 50% cost
sharing arrangement between the two localities with adjustments
based on usage levels. In 1992/93 there was a cost adjustment to
25% share based on usage in 1990. The staff is recommending that
a usage study be conducted in 1995/96 and the costs adjusted
accordingly.
The Library Board of Trustees also supports this
amendment.
Supervisor Johnson moved to approve the amendment to
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October 12, 1993
the contract. The motion carried by the fOllowing recorded vote:
AYES: Supervisors Johnson, KOhinke, Eddy, Nickens, Minnix
NAYS: None
.L.. Request from the Reaional Airoort Commission to
Amend their Aareement Reducina the Number of
Enolanement Surveys. (Paul M. Mahoney, county
Attorney)
A-101293-3
Supervisors Johnson and Minnix, members of the Airport
Commission advised that they supported this amendment which would
reduce the number of surveys from six per year to two per year
and save $2400.
Supervisor Nickens moved to approve the amendment to
the agreement. The motion carried by the following recorded
vote:
AYES:
NAYS:
Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix
None
~ Aooroval of County-state Aareement for Industrial
Access for Valley TechPark. (TimothY Gubala,
Director of Economic Develooment)
R-101293-4
Mr. Gubala reported that the Commonwealth
Transportation Board approved the Board's request for industrial
access funds for Valley TechPark on July 24, 1993 with a
contingency that a County-State Agreement be executed. The
agreement calls for surety documents for $450,000, matching funds
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October 12, 1993
689
of $150,000, location of a qualifying industry, a promise to bear
all costs in excess of $600,000, and stipulation that VDOT will
manage construction of the proj ect.
Mr. Gubala advised that
construction of the access will begin in 1994.
Supervisor Kohinke moved to adopt the resolution
approving the agreement.
The motion carried by the following
recorded vote:
AYES:
Supervisors Johnson, KOhinke, Eddy, Nickens, Minnix
NAYS:
None
RESOLUTION 101293-4 FOR APPROVAL OF COUNTY-
STATE AGREEMENT FOR INDUSTRIAL ACCESS
RELATING TO VALLEY TECHPARK
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WHEREAS, Title 33.1-221, Code of Virginia, provides for
the
availability
of
state
industrial
access
funds
for
implementing approved improvements to public streets to enhance
and promote industrial development and continued public safety
along public streets; and
WHEREAS, Roanoke County is desirous of developing
Valley Techpark for the purpose of job creation for the citizens
of both the Roanoke and New River Valleys; and
WHEREAS, the citizens approved the November 1992 bond
referendum of which $750,000 was earmarked for the development of
Valley TechPark; and
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WHEREAS, the Commonwealth Transportation Board approved
$450,00 for the purpose of constructing an industrial access road
at Valley TechPark; and
WHEREAS, the Virginia Department of Transportation
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October 12, 1993
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(VDOT) will cause to construct an industrial road of .38 miles in
length; and
Whereas, Roanoke County agrees to reimburse VDOT for
expenses over $450,000; and
WHEREAS, Roanoke County agrees to the contingencies
outlined in the County-State Agreement for Valley TechPark and
referred to as Project 0830-080-294,M501 by VDOT.
NOW, THEREFORE, BE IT RESOLVED that the Roanoke County
Board of Supervisors does hereby recommend that Roanoke county
enter into the County-State Agreement for Valley TechPark and
authorizes the Appropriate County officials to sign said
agreement. I
On motion of Supervisor Kohinke to adopt the
resolution, and carried by the following recorded vote:
AYES:
NAYS:
Supervisors Johnson, KOhinke, Eddy, Nickens, Minnix
None
~ Reauest from Deleaate Cranwell for Formal Suooort
for Reaionalization of Water, Sewer, Solid Waste,
Economic Develooment and Tourism. (Elmer C. Hodae,
County Administrator)
Mr. Hodge reported that on September 21, 1993, a
meeting was held involving elected officials and business leaders
in the Roanoke valley to discuss potential areas for future
cooperation and regionalization of certain projects. Delegate
Richard Cranwell has written to the elected officials of the
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October 12, 1993
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Roanoke Valley governments requesting that they take formal
action regarding their position on regionalization of water, -
sewer, solid waste, economic development and tourism. He asked
that this action take place by October 15.
Supervisor Nickens moved to support Delegate Cranwell's
regionalization effort. There was no vote. Discussion followed
on the need for a formal resolution to take action.
Supervisor Eddy offered a substîtute motion to approve
the concept with a confirming resolution brought back to the
October 26 meeting. There was no vote.
Supervisor Johnson moved to table the issue until later .
in the meeting so that staff can prepare a resolution for
adoption. The motion carried by the following recorded vote:
AYES: Supervisors Johnson, Kohinke, Eddy, Minnix
NAYS: Supervisor Nickens
IN RE: REQUESTS FOR WORK SESSIONS
h Request for Work Session to Tour the Sprina Hollow
Reservoir, the Smith GaD Landfill, the Dixie
Caverns Landfill, and the Roanoke Reaional
AirDort.
The work session was set for Wednesday, November 17,
1993 at 8: 00 a.m. The Board will meet at the Administration
Center and complete the tours by 12:15 p.m.
IN RE:
FIRST READING OF ORDINANCES
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October 12, 1993
h Ordinance Declarina the Pinkard Court Recreation
Center as SurD Ius ProDerty and Authorizing
Donation of the Facility to Total Action Aaainst
Poverty. (Terry Harrinaton, Plannina , Zoninq
Director)
Mr. Harrington advised that in April 1994, the Leisure
Arts Center operations will be moving to the Administration
Center, making the Pinkard Court facility available for surplus
status. staff has discussed with Total Action Against Poverty
the possibility of donating the building to TAP for such use as
specialized apartments for the elderly or physically disabled.
Staff recommended that the property be declared surplus and
donated to Total Action Against Poverty.
Supervisor Johnson asked that a reversionary clause be
added to the ordinance and Supervisor Eddy asked for a commitment
from TAP on how they plan to use the facility when the ordinance
is brought back for second reading.
Supervisor Nickens moved to approve first reading of
the ordinance and set the second reading for October 26, 1993.
The motion carried by the following recorded vote:
AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix
NAYS: None
L.
ordinance Governina the Procedures and standards
for the Reaulation of Cable Television Rates
Pursuant to the Rules of the Federal
Communications Commission and the Cable Television
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October 12¡ 1993
69'3
Consumer Protection and comDetition Act of 1992.
(JoseDh Obenshain, Sr. Assistant County Attorney)
Mr. Obenshain advised that this ordinance formally
establishes the legal authority for Roanoke County to regula'r
rates and charges for basic cable TV service and equipment
operating within the County.
Supervisor Nickens moved to approve first reading of
the ordinance and set the second reading for October 26, 1993.
The motion carried by the following recorded vote:
AYES: Supervisors Johnson, Eddy, Nickens, Minnix
NAYS: Supervisor Kohinke
.L.. Ordinance Authorizina the Conveyance of a Riaht-
of-Way and Easement on Fort Lewis Mountain to
David Shelor. (JoseDh Obenshain, Sr. Assistant
County Attorney)
Supervisor Nickens asked that information be available
at the second reading on what the 50 foot easement would be used
for and whether 50 feet was necessary.
Supervisor Kohinke moved to approve first reading of
the ordinance with paragraph 5 in the ordinance to be removed,
and, set the second reading for October 26, 1993. The motion
carried by the following recorded vote:
AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix
NAYS: None
IN RE:
SECOND READING OF ORDINANCES
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October 12, 1993
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Ordinance Authorizina the
of
Conveyance
TemDOrary Gradina and Construction Easement to the
Commonweal th of Virainia in Association with the
Construction of the New Forensic Lab, and to
AcceDt a Water and Sewer Easement from the
commonwealth of Virainia.
(John Chambliss,
Assistant County Administrator)
0-101293-6
Mr. Chambliss advised that there was one change in the
ordinance from the first reading providing for the vacation of
any existing water and sanitary sewer easements across the
Forensic Lab property upon installation, approval and acceptance
of the new facilities.
Supervisor Nickens moved to adopt the ordinance. The
motion passed by the fOllowing recorded vote:
AYES:
Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix
NAYS:
None
ORDINANCE 101293-6 AUTHORIZING THE CONVEYANCE
OF A TEMPORARY GRADING AND CONSTRUCTION
EASEMENT TO THE COMMONWEALTH OF VIRGINIA IN
ASSOCIATION WITH THE CONSTRUCTION OF THE NEW
FORENSIC LAB AND TO ACCEPT A WATER LINE
EASEMENT AND SEWER LINE EASEMENT FROM THE
COMMONWEALTH OF VIRGINIA.
WHEREAS, the acquisition and conveyance of several
easements is required between the Board of Supervisors of Roanoke
County, the Roanoke County School Board, and the Commonwealth of
Virginia, in connection with construction on the site of the
state Forensic Laboratory; and,
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October 12, 1993
695J;
WHEREAS, it is necessary for the County of Roanoke to
acquire from the Commonwealth of Virginia a 10' water line
easement and a 15' sanitary sewer line easement; and,
WHEREAS, it is necessary for the Commonwealth of
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Virginia to acquire from the County of Roanoke a temporary
grading and construction easement in order to develop a new and
expanded parking facility, to be used by the State, the County,
and the general public; and,
WHEREAS, the proposed easements will serve the
interests of the public and are necessary for the public health,
safety, and welfare of citizens of the County of Roanoke.
THEREFORE, BE IT ORDAINED by the Board of Supervisors
Roanoke County, Virginia, as follows:
1. That pursuant to the provisions of section 18.04
of the Roanoke County Chart~r, the acquisition and disposition of
real estate can be authorized only by ordinance. A first
reading of this ordinance was held on September 28, 1993; and a
second reading was held on October 12, 1993.
2. That pursuant to the provisions of Section 16.01
of the Charter of Roanoke County, the interests in real estate to
be conveyed are hereby declared to be surplus, and are hereby
made available for other public uses by conveyance to the
Commonwealth of Virginia-~ for construction of a public parking
facility.
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3.
That
donation
of a
parking
temporary grading and
area lying between the
construction
easement on the
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Northside High School property and the Public Safety Center
property, adjoining the forensic laboratory site, for
reconstruction of a public parking area, to the Commonwealth of
Virginia is hereby authorized.
4. That the acquisition and acceptance of a new 10'
water line easement and a new 15' sanitary sewer easement from
the Commonwealth of Virginia is hereby authorized and approved.
5. That any existing water or sani tary sewer
easements across the property shall be vacated and abandoned upon
installation, approval and acceptance of the new facilities.
6. That the easements to be conveyed and acquired
involve donations and appropriation of funds is not required.
7. That the County Admi~istrator is hereby authorized
to execute such documents and take such fu:r:ther actions as may be
necessary to accomplish these conveyances and acquisitions, all
of which shall be on form approved by the County Attorney.
8. That this ordinance shall be effective on and from
the date of its adoption.
On motion of Supervisor Nickens to adopt the ordinance,
and carried by the following recorded vote:
AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix
NAYS: None
IN RE:
APPOINTMENTS
h Plannina Commission
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October 12, 1993
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Supervisor Johnson nominated william Todd Ross to fill
the unexpired term of Ronald Massey.
The term will expire
December 31, 1995.
IN RE:
CONSENT AGENDA
Mr. Hodge advised that he will check on the Enterprise
Fund Report on Affordable Housing (Item 4).
The Board was
advised by Mr. Mahoney that a private citizen may serve on the
Salem Cable TV Negotiating Committee (Item 8).
Supervisor Kohinke moved to approve the Consent Agenda
following discussion of Items 4 and 8. The motion carried by the
following recorded vote:
AYES:
Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix
NAYS:
None
RESOLUTION 101293-7 APPROVING AND CONCURRING
IN CERTAIN ITEMS SET FORTH ON THE BOARD OF
SUPERVISORS AGENDA FOR THIS DATE DESIGNATED
AS ITEM J - CONSENT AGENDA
BE IT RESOLVED by the Board of Supervisors of
Roanoke County, Virginia, as follows:
1. that the certain section of the agenda of the
Board of Supervisors for October 12, 1993 designated as Item J-
Consent Agenda be, and hereby is, approved and concurred in as to
each item separately set forth in said section designated Items 1
through 8, inclusive, as follows:
1.
Request for Acceptance of Ferguson Drive and
Timberland Trail into the Virginia Department
of Transportation Secondary System.
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October 12, 1993
Authorization to Pay certain Legal Fees
Regarding Firetruck Litigation with Grumman
Aircraft Company.
3. Confirmation of Committee Appointment to the
Industrial Development Authority.
2.
4. Request for Resolution of Support Recognizing
October as Affordable Housing Awareness
Month.
5. Resolution of Support to Eliminate Unfunded
Mandates by the State and Federal Government.
6. Resolution of Support for the Roanoke Valley
Interstate 73 Route Alternative.
7. Acceptance of Donation of Right-of-Way for
the Chester Drive Road Project.
8.
Appointment of a Committee to Negotiate with
Salem Cable TV Upon Terms for Renewal of
their Franchise.
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 Kohinke to adopt the
Consent Resolution after discussion of Items 4 and 8, and carried
by the following recorded vote:
AYES:
Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix
NAYS:
None
RESOLUTION 101293-7.a REQUESTING ACCEPTANCE OF
FERGUSON DRIVE INTO THE VIRGINIA DEPARTMENT
OF TRANSPORTATION SECONDARY SYSTEM.
WHEREAS, the described below was established on the
22nd Day of January, 1974, and currently serves at least three
families per mile, and
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October 12, 1993 69 9
WHEREAS, the Virginia Department of Transportation has
deemed Roanoke County's current subdivision control ordinance
meets all necessary requirements to qualify this county to
recommend additions to the secondary system of state highways,
pursuant to Section 33.1-72.1, Code of Virginia, and
WHEREAS, after examining the ownership of all property
abutting this street, this Board finds that speculative interest
does no\: exist.
NOW, THEREFORE, BE IT RESOLVED, this Board request the
following street be added to the secondary system of state
highways, pursuant to Section 33.1-72.1(D), Code of Virginia:
Name of Street: Ferquson Drive Length:0.24 miles
From: Timberland Trail (State Route to be determined) To:
0.24 miles in a NorthwesterlY direction to a turn-around
Guaranteed Right-of-Way: 50 feet.
Plat Recorded, Date: January 22. 1974 Plat Book: 8 Page:~
and Plat Recorded, Date: March 14. 1975 Plat Book: ~ Page: 18.
June 23. 1993. Deed Book: 1406 Page 1924,
Mav 20. 1993. Deed Book: 1402 Page 930,
September 17.1993, Deed Book: 1399 Page
363, and Deed Recorded, Date: May 25. 1993, Deed Book: 1417
Page 373, respectively.
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
Deed Recorded, Date:
Deed Recorded, Date:
Deed Recorded, Date:
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October 12, 1993
BE IT FURTHER RESOLVED, this Board requests the
Virginia Department of Transportation to improve said street to
the prescribed minimum standards, funding said improvements
pursuant to Section 33.1-72.1(D), Code of Virginia, and
BE IT FURTHER RESOLVED, that a certified copy of this
resolution be forwarded to the Resident Engineer of the Virginia
Department of Transportation.
RESOLUTION 101293-7.b REQUESTING ACCEPTANCE OF
TIMBERLAND TRAIL INTO THE VIRGINIA DEPARTMENT
OF TRANSPORTATION SECONDARY SYSTEM.
WHEREAS, the described below was established on the
22th Day of January, 1974, and currently serves at least three
families per mile, and
WHEREAS, the Virginia Department of Transportation has
deemed Roanoke County's current subdivision control ordinance
meets all necessary requirements to qualify this county to
recommend additions to the secondary system of state highways,
pursuant to
§33.1-72.1, Code of Virginia, and
WHEREAS, after examining the ownership of all property
abutting this street, this Board finds that speculative interest
does not exist.
NOW, THEREFORE, BE IT RESOLVED, this Board request the
following street be added to the secondary system of state
highways, pursuant to §33.1-72.1(D), Code of Virginia:
Name of Street: Timberland Trail
Length:0.22 miles
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October 12, 1993
701
From: Ferquson Vallev Road (state Route 721)
To: 0.22 miles in a Northeasterly direction to a turn-around
Guaranteed Right-of-Way: 50
feet.
Plat Recorded, Date: January 22. 1974. Plat Book:-ª-Page:~ and
Deed Recorded, Date: June 23. 1993, Deed Book:1406 page:1924,
Deed Recorded, Date: May 20. 1993, Deed Book:1402 Page:930,
Deed Recorded, Date: April 22. 1993, Deed Book: 1399, Page: 363,
and Deed Recorded, Da te : September 17 1993 , Deed Book:
1417,
Page: 373, respectively.
BE IT FURTHER RESOLVED, this Board guarantees a clear
and unrestricted right-of-way, as described, and any necessary
easements for cuts, fills and drainage, and
BE IT FURTHER RESOLVED, this Board requests the
Virginia Department of Transportation to improve said street to
the prescribed minimum standards, funding said improvements
pursuant to §33.1-72.1(D), Code of Virginia, and
BE IT FURTHER RESOLVED, that a certified copy of this
resolution be forwarded to the Resident Engineer of the Virginia
Department of Transportation.
RESOLUTION 101293-7. e OF SUPPORT RECOGNIZING
OCTOBER AS AFFORDABLE HOUSING AWARENESS MONTH
WHEREAS, decent, safe, and affordable housing is the
cornerstone upon which our families and our communities are
built; and
WHEREAS,
substandard
deteriorating
housing,
or
inadequate plumbing,
and overcrowding threaten the heal th and
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October 12, 1993
safety of Virginia's households and diminish the economic
vitality of Virginia's communities; and
WHEREAS, those Virginians with special needs for
accessibility or supportive services have additional difficulty
finding adequate affordable housing; and
WHEREAS, the dream of decent affordable housing will
only become a reality through the leadership and partnership of
state and local governments, businesses and civic organizations;
THEREFORE BE IT RESOLVED, that the Board of Supervisors
of Roanoke County, Virginia, recognizes the month of October,
1993, as AFFORDABLE HOUSING AWARENESS MONTH.
On motion of Supervisor Kohinke to adopt the
resolution, and carried by the following recorded vote:
AYES:
Supervisors Johnson, ~ohinke, Eddy, Nickens, Minnix
NAYS:
None
RESOLUTION 101293-7. f SUPPORTING THE ELXMXNATXON
OF UNFUNDED MANDATES BY THE STATE AND FEDERAL
GOVERNMENT
WHEREAS, according to the Joint Legislative Audit and
Review Commission, Virginia's local governments are subject to
391 Federal and state mandates; and
WHEREAS, unfunded mandates on local governments have
increased significantly in recent years; and
WHEREAS, federal and state mandates require ci ties,
counties and towns to perform duties wi thout consideration of
local circumstances or capacity; and
WHEREAS,
in
local
require
some .cases mandates
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October 12, 1993
703
governments to redirect their priorities to meet federal and
state objectives rather than community objectives; and
WHEREAS, excessive federal and state regulations on
local governments impose har~h pressures on local budgets, often
requiring increases in local taxes and fees, and/or reduced local
services for residents; and
WHEREAS, existing mandates impose harsh pressures on
local budgets, often requiring increases in local taxes; and
WHEREAS, the cumulative impact of these legislative and
regulatory actions directly affect the citizens of our cities,
counties and towns; and
WHEREAS, the Virginia Municipal League, the Virginia
Association of Counties and the Virginia School Boards
Association are working with localities, school boards and
organizations across the nation to begin a public education
campaign to help citizens understand and then reduce the burden
and inflexibility of unfunded mandates, beginning with a National
Unfunded Mandates Day on October 27, 1993;
NOW THEREFORE BE IT RESOLVED AS FOLLOWS: (1) the Board
of Supervisors of Roanoke County, Virginia, endorses the efforts
of the Virginia Municipal League, the Virginia Association of
Counties and the Virginia School Boards Association and their
national counterparts, and supports working wi th the national
groups to fully inform our citizens about the impact of federal
and state mandates on our governments and the pocketbooks of our
citizens;
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October 12, 1993
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THAT the Board of Supervisors plans to redouble efforts
to inform members of our Congressional and General Assembly
delegations about the impact of federal and state mandates and
plans to work with the delegations to reduce the burden of
unfunded mandates on our citizens.
THAT the Board of Supervisors proclaims October 27,
1993, to be "Unfunded Mandates Day in the County of Roanoke," in
observance of Natioûal Unfunded Mandates Day.
On motion of
Supervisor Kohinke to adopt the
resolution, and carried by the following recorded vote:
AYES:
Supervisors Johnson, KOhinke, Eddy, Nickens, Minnix
NAYS:
None
RESOLUTION 101293-7.a SUPPORTING THE
CONSIDERATION OF THE ROANOKE VALLEY I-73
CORRIDOR ALTERNATIVE
WHEREAS,
the
Intermodal
Surface
Transportation
Efficiency Act of 1991 (ISTEA) identified in section 1106,
(Identification of High Priority Corridor on National Highway
System) proposes a north-south interstate (I-73) from Detroit to
Charleston, SC; and
WHEREAS, the Roanoke corridor alterntive is identified
as following the U.S. 460 corridor from princeton, West Virginia
to the Blacksburg-christiansburg area, then follow 1-81 to the
Roanoke Valley, and run south along U.S. 220 to the North
Carolina state line; and
WHEREAS, Roanoke Valley companies manufacture and
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October 12, 1993
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distribute goods and services to customers along the proposed
corridor; and
WHEREAS, the proposed I-73 corridor would make the
Roanoke Valley more accessible to visitors along the corridor;
and
NOW, THEREFORE, BE IT RESOLVED that the Roanoke County
board of Supervisors wishes to express its support for the
Roanoke Corridor Alternative to the Federal Highway
Administration and the Virginia Department of Transportation
(VDOT) .
On motion of Supervisor Kohinke to adopt the
resolution, and carried by the following recorded vote:
AYES: Supervisors Johnson, KOhinke, Eddy, Nickens,' Minnix
NAYS: None
IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS
supervisor EddY: (1) He asked about a determination
on how the smoking policy will be handled at the new
Administration Center. Mr. Mahoney advised that he will have a
response by end of the week. (2) Mr. Hodge ~ described the
unbagged leaf collection process to the Board members at
Supervisor Eddy's request. (3) He asked about the meeting at
Mountain Lake. Supervisor Minnix responded under his comments.
SUDervisor Nickens: ,( 1) He asked if Salem can extend
their water and sewer lines into the County. Mr. Hodge advised
that they have extended water and sewer lines in the past and he
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October 12, 1993
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will check under what condition they have done so.
Suoervisor Johnson: (1) He advised that one of the
residents in his district expressed concern about the negative
campaign tactics used by individuals running for office and asked
that her comments be passed on to the Board members.
Suoervisor KOhinke: (1) He reported that he attended
the Polo Match and thought the event was successful. He
complimented Mr. Chambliss and Mr. Hodge on the condition of the
field at Green Hill Park. (2) At his request Mr. Chambliss
reported on the Pow Wow held at Green Hill Park.
Suoervisor Minnix: He reported on the meeting he and
Mr. Hodge attended at Mountain Lake sponsored by the New Century
Council.
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IN RE:
REPORTS
Supervisor Johnson moved to receive and file the
following reports after discussion of Item 6. The motion carried
by a unanimous voice vote.
h General Fund Unaoorooriated Balance
L. Caoital Fund Unaoorooriated Balance
.L.. Board Continaency Fund
~ Proclamations Sianed bY the Chairman
h statement of the Treasurer's Accountability Per
Investments and Portfolio Policy, as of Auaust 31,
1993.
~ Reoort on Refinancina a oortion of the 1991 Water
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October 12, 1993
707
Revenue Bonds.
IN RE:
NEW BUSINESS (CONTINUED)
~ Reauest from Deleaate Cranwell for Formal Suooort
for Reaionalization of Water, Sewer, Solid Waste,
Economic Develooment and Tourism.
R-101293-S
This item was tabled earlier in the meeting so that a
resolution could be prepared. Supervisor Johnson moved to remove
this item from the table. The motion carried by the following
recorded vote:
AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix
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NAYS: None
Supervisor Kohinke moved to adopt the resolution. The
motion carried by the following recorded vote:
AYES: Supervisors JOhnson, KOhinke, Eddy, Nickens, Minnix
NAYS: None
RESOLUTION 101293-5 SUPPORTING DELEGATE CRANWELL'S
EFFORTS FOR REGIONALIZATION OF WATER, SEWER, SOLID
WASTE, ECONOMIC DEVELOPMENT AND TOURISM
WHEREAS, recent polls in the City of Roanoke and
Roanoke County clearly reflect the desire of City and County
residents to merge various services; and
WHEREAS, on September 21, 1993, Delegate Richard
Cranwell convened a meeting of area elected officials and
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business leaders to discuss regionalization of water, sewer,
solid waste, economic development and tourism marketing; and
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October 12, 1993
WHEREAS, Delegate Richard Cranwell, at that
meeting, offered to lead a legislative effort to obtain state
funds which would be used to support regionalization and/or as
incentives; and
WHEREAS, these efforts by Delegate Cranwell and
other members of the Legislature are appreciated by the Roanoke
County Board of Supervisors.
NOW, THEREFORE, BE IT RESOLVED THAT the Board of
Supervisors of Roanoke County, Virginia, supports Delegate
Cranwell's proposal to initiate legislation that will provide
financial incentives to local governments for regionalization of
various services; and
FURTHER, the Board of Supervisors of Roanoke
County respectively requests all local governing bodies to
support this legislative initiative as being in the best interest
of the entire region.
On motion of Supervisor Kohinke to adopt the resolution
and include in the legislative package, and carried by the
following recorded vote:
AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix
NAYS: None
IN RE: EXECUTIVE SESSION
At 4: 30 p.m., Supervisor Kohinke moved to go into
Executive Session pursuant to the Code of Virginia section 2.1-
344 A (5) to discuss a prospective business or industry; and (7)
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October 12, 1993
709
for consultation with legal counsel and briefings by staff
members pertaining to probably litigation, Boone, Beasley v.
County of Roanoke. The motion carried by the following recorded
vote:
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AYES:
NAYS:
Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix
None
IN RE: CERTIFICATION OF EXECUTIVE SESSION
R-101293-8
At 7 : 00 p . m., Supervisor Johnson moved to return to
Open Session and adopt the Certification Resolution. The motion
carried by the following recorded vote:
AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix
NAYS: None
EVENING SESSION (7:00 P.M.)
IN RE:
PUBLIC HEARING AND SECOND READING OF ORDINANCES
~ Ordinance AmendinQ and Reenactina the Zonina
Classification of Roanoke County Tax Parcel
Numbers 96.02-01-01. 96.02-1-2, a oortion of
97.01-2-17 (South of the Blue Ridae Parkway), a
Portion of 96.02-1-46 (south of the Blue Ridge
Parkway, Excludina the critical Area) and 97.03-2-
5 from AG-1 to AR and to Amend the Zoning
Classification of Roanoke County Tax Parcel
Numbers 96.07-1-6 and a Portion of 96.02-1-46
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October 12, 1993
(North of the Blue Ridae Parkwav, Excludina the
critical Area) from AG-1 to R-1. (Terry
Harrinaton, Director of Plannina , Zonina)
0-101293-9
Mr. Hodge advised that on September 12 the Board of
Supervisors held a public hearing on properties adjacent to the
Blue Ridge in the Bonsack, Cotton Hill and Poage Valley Road
area. The rezoning of the Beasley property was continued to
allow staff to continue negotiations with Len Boone, the
purchaser /developer of the Beasley property. Negotiations and
meetings have continued since September 12 to resolve issues of
protection of the Parkway and the neighborhood.
Ed Natt representing Boone, Boone & Loeb advised that
his client is requesting R-1 zoning with the exception of the
critical viewsheds which would be AG-1. The proposed density
will be 2.5 houses per acre in the R-1 property. There will be
no development in the 8 acre critical viewshed for five years to
allow the Blue Ridge Parkway or others to purchase the property
at direct costs which would include infrastructure improvements.
If the property is not purchased in five years, Boone, Boone &
Loeb would limit construction to five units in the 8 acres. They
also submitted design criteria for the five houses that would
limit the impact on the viewshed.
Mr. Brad McGraw, attorney representing citizens for
Responsible Rural Growth, spoke in opposition to the rezoning
because it was not in conformance with the Comprehensive Plan.
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October 12, 1993
7 11
The following citizens also spoke regarding the
proposed zoning amendment:
1. Don Barger, Southeast Regional Director of the
National Parks and Conservation Association, spoke in support of
protecting the Blue Ridge parkway.
2. Calvert Saunders, 3467 Overhill Trail, Vice
President of Moores Lumber, spoke in support of the Boone R-1
zoning request.
3. Sue Gotwalt, 3300 Dawn Circle, spoke in support of
the R-1 zoning.
4. J. T. Eaton, 6508 Henry Farm Road, spoke in support
of the R-1 with AG-1 in the critical viewshed.
5. Cindy Aker, 6713 Mallard Lake Court, spoke in
support of the R-1 zoning.
6. Barry Wright, 5731 Scenic Hills Dr., spoke in
support of the Boone request.
7. Vickie McCormick, 1308 2nd Street S. W., spoke in
support of the Boone request.
8. J. W. Baker 5917 Garner Road, spoke in support of
the Boone request.
9. Nick Beasley, 5949 Coleman Road, owner of the
property, advised that his family had owned the property for four
generations, and that he supported the R-1 zoning requested by
Boone.
10.
R-1 zoning.
Bob Wagner, 2748 Summit Ridge Rd., supported the
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October 12, 1993
11. Fred Shaftman, 5015 Crossbow circle, supported the
R-1 zoning.
12. Claire Kennett, 2409 Carolina Avenue, spoke in
support of the Boone request.
13. Randy Lemmon, 4572 Pearman Rd., Blacksburg,
recommended that the issue be tabled to continue work on the
proposed development of the area.
14. Jack Loeb, 5128 Crossbow Circle, Boone, Boone &
Loeb, advised they will sell the eight acres in the viewshed at
the direct cost without overhead, but including the documented
expenses for purchase and development of the property.
15. Heidi Krisch,· 5128 Crossbow circle, spoke in
support of the Boone request.
16. Barbara Michelsen, 5931 Castle Rock Road, spoke in
support of the Boone zoning request.
17. David Barbe, 5321 Hidden Woods Dr., spoke in
support of the Boone zoning request.
18. Lee Henderson, 3038 Merino Drive, spoke in support
of the Boone zoning request.
19. James Begley, 2703 Richard Avenue, spoke in
support of the Boone zoning request.
20. Roger Webb, 2112 Bainbridge Dr., spoke in support
of the Boone zoning request.
21. Don Bandy, 4546 Kaegy Road, spoke in support of
the Boone zoning request.
22. Jamie Buckland, Senior vice President, First Union
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October 12, 1993 7 13
National Bank, spoke in support of the Boone zoning request.
23. Len Boone, Boone, Boone & Loeb, advised that he
was opposed to AR zoning on the south side of the parkway, but in
support of R-1 on the north side. He advised that the Parkway or
County could purchase the entire 16 acres without including
infrastructure costs or only the eight acres which would include
the infrastructure costs.
24. Dale Furbish, 7179 Bent Mountain Road, spoke in
opposition to the R-1 zoning and in support of protecting the
Parkway view.
25. Joan Furbish, 7179 Bent Mountain Road, asked the
Board to protect the Parkway viewshed.
26. Bob Crawford, 6620 Shingle Ridge Road, spoke in
opposition to the density allowed in the R-1 zoning.
27. Vera H. Guise, Ashville, N. C., requested that the
Board delay a decision until there is a site plan and plat, and
that Boone allow the 8 acres to be purchased without the
infrastructure costs.
28. Roy Lochner, 6050 Poage Valley Road, was opposed
to the zoning and supported protection of the viewshed.
29. Richard H. Perdue, 5433 Linda Lane, spoke in
support of the Boone zoning request.
30. David Sligh, 7917 Bradshaw Road opposed the zoning
because it was not in conformance to the Comprehensive Plan.
31. Bill Owen 6161 Cotton Hill Road, spoke in
opposition to the zoning.
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October 12, 1993
32.
Gary Everhardt, Superintendent of the Blue Ridge
Parkway, spoke in support of AG-3 zoning in the critical viewshed
and announced he would participate in the Fifth Planning District
commission study of the Blue Ridge Parkway.
33. Jim Olin, 27th street, asked the County to require
that a survey of the full viewshed be made to determine where set
back lines will put the houses before agreeing to Mr. Boone's
compromise.
34. Al Prillaman, 3912 Electric Road, spoke in support
of the Boone zoning request.
35. Donna Hamner, 4606 Rosecrest Road, spoke in support
of the Boone zoning request.
Following citizen comments and discussion, Supervisor
Eddy moved to defer action to October 26 to review a preliminary
development site plan and to check the boundaries of the critical
viewsheds. There was no vote.
Supervisor Nickens offered a substitute motion to adopt
the ordinance.
The motion carried by the following recorded
vote:
AYES:
Supervisors Johnson, Kohinke, Nickens
NAYS:
Supervisors Eddy, Minnix
ORDINANCE 101293-9 AMENDING AND REENACTING
THE ZONING DISTRICT MAPS FOR ROANOKE COUNTY,
BY THE ADOPTION OF CERTAIN MISCELLANEOUS
CHANGES TO SAID MAPS (COTTON HILL)
WHEREAS, on December 15, 1992, the Board of Supervisors
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October 12, 1993
715
of Roanoke County, Virginia, adopted Ordinance 121592-10 which
amended the Zoning District Maps for Roanoke county; and,
WHEREAS, on September 14, 1993, the Board of
Supervisors of Roanoke County, Virginia, adopted Ordinance 91493-
11 which amended the Zoning District Maps for Roanoke County; and
WHEREAS, citizens in various areas of the County have
requested that the zoning classifications as reflected in the new
zoning district maps of their properties be re-examinèd to
address their questions and concerns; and,
WHEREAS, the Roanoke County Planning Commission held
public hearings on June 1, 1993 and July 6, 1993, and have made
recommendations to the Board; and
WHEREAS, public necessity, convenience, general welfare
and good zoning practice require that the fol:'owing properties
and zoning district maps be, and hereby are, submitted to the
Board of Supervisors for amendment; and,
WHEREAS, legal notice and advertisement has been
provided as required by law, and that the first reading of this
ordinance was held on July 27, 1993 and the second reading and
public hearing wa's held on September 14, 1993 and continued to
October 12, 1993.
BE IT ORDAINED, by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That "1992 Zoning District Maps of Roanoke County,
Virginia" are hereby amended and reenacted as the zoning district
maps for Roanoke County, Virginia, as follows:
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October 12, 1993
(A) That the following described properties are hereby
changed from AG-1, Agriculture/Rural Low Density District, to AR,
Agricultural/Residential District:
9'6.02-1-1
96.02-1-2
97.03-2-5
a p/o 97.01-2-17 (south of the Blue Ridge Parkway)
a p/o 96.02-1-46 (south of the Blue Ridge Parkway, excluding the
critical area)
(B) That the following described properties are hereby
changed from AG-1, Agriculture/Rural Low Density District, to R-
1, Low Density Residential District:
96.07-1-6
a p/o 96.02-1-46 (north of the Blue Ridge Parkway, excluding the
critical area)
2. That said map or maps entitled "ZOnINC ClWJCEE: BOnE:ACK"
ãflà-"ZONING CHANGES COTTON HILL AND POAGES VAL:'EY ROAD" (dated
July 21, 1993) are attached hereto and incorporated herein by
reference.
3. That this ordinance shall be in full force and effect
thirty (30) days after its final passage.
All ordinances or
parts of ordinances in conflict with the provisions of this
ordinance be, and the same hereby are, repealed.
The Zoning
Administrator is directed to amend the zoning district map to
reflect the change in zoning classification authorized by this
ordinance.
On substi tute motion of Supervisor Nickens to adopt the
ordinance, and carried by the following recorded vote:
AYES:
Supervisors Johnson, Kohinke, Nickens
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October 12, 1993
717
NAYS:
Supervisors Eddy, Minnix
IN RE:
LOEB
CONSENT DECREE TO SETTLE LAW SUIT WITH BOONE, BOONE ,
Supervisor Johnson moved to authorize the County
Attorney to execute the Consent Decree to settle the law suit
with Boone, Boone & Loeb.
Supervisor Eddy offered a substitute motion to defer
action until the Board can see a final written Consent Decree.
The motion was denied by the following recorded vote:
AYES: Supervisor Eddy
NAYS: Supervisors Johnson, Kohinke, Nickens, Minnix
Supervisor Johnson's original motion carried by the
following recorded vote:
AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix
NAYS: None
IN RE:
ADJOURNMENT
At 9:45 p.m., Supervisor Johnson moved to adjourn.
motion carried by the following recorded vote:
AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix
NAYS: None
The
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