9/14/1993 - Regular
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September 14, 1993
560
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Roanoke County Board of Supervisors
Roanoke County Administration Center
3738 Brambleton Avenue, S.W.
Roanoke, Virginia 24018
September 14, 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
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of September, 1993.
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IN RE:
CALL TO ORDER
Chairman Minnix called the meeting to order at 3: 06 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
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;
IN RE:
OPENING CEREMONIES
The invocation was given by the Chairman Minnix. The
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Pledge of Allegiance was recited by all present.
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September 14, 1993
IN RE:
PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND AWARDS
h Recoqnition of Nancy Thomas. Treasurer's Office.
for receivina desianation as a Certified DeDuty
Treasurer.
Chairman Minnix recognized Ms.
Thomas
for her
accomplishment and displayed the certificate she received.
Treasurer Fred Anderson was present and Chairman Minnix
announced that Mr. Anderson had been named to one of the National
Association of Counties steering Committees.
h Resolution Declarina SeDtember 14 - 15. 1993 as
the 1993 Dav of Carina in Roanoke County.
R-91493-1
The resolution was accepted by Jean Glontz on behalf of
the united Way.
Supervisor Nickens moved to adopt the resolution. The
motion carried by the following recorded vote:
AYES:
Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix
NAYS:
None
RESOLUTION 91493-1 DECLARING SEPTEMBER 14 - 15, 1993
AS THE 1993 DAY OF CARING IN ROANOKE COUNTY
WHEREAS, the United Way of the Roanoke Valley has
provided funding, support and encouragement to its member
agencies throughout the years, allowing them to reach out to
people from all walks of life during times of need; 'and
WHEREAS, the United Way and its agencies have been
supported by local government, by area business and industry, and
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September 14, 1993
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by countless individuals, through expenditures of both time and
money; and
WHEREAS, the kick off for the 1993 campaign will begin
with the Day of Caring, from noon on September 14 until noon on
September 15, at which time employees from local businesses will
help paint, repair, plant and remodel at assorted United I Way
Agencies throughout the Valley.
NOW, THEREFORE, BE IT RESOLVED, by the Board of
Supervisors of Roanoke County, Virginia, that September 14-15 is
hereby proclaimed to be the 1993 DAY OF CARING in Roanoke County;
and
BE IT FURTHER RESOLVED, that the Board of Supervisors
extends its appreciation to the corporate and individual citizens
throughout the Valley who will be participating in the event.
On motion of Supervisor Nickens to adopt the
resolution, and carried by the following recorded vote:
AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix
NAYS: None
IN RE:
NEW BUSINESS
h Request for Authorization to Pursue Refundina of a
Portion of the 1991 Water Revenue Bonds. (Diane
Hyatt. Finance Director)
R-91493-2
Ms. Hyatt reported that interest rates have now
declined to the point where refunding a portion of the 1991 Water
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september 14, 1993
Revenue Bonds would save additional money.
Refunding the 2021
Term Bond from the 1991 Water Revenue Bonds would yield a savings
in the future debt service of $2.5 million, realized over the 40
year term of the bond.
Ms. Hyatt requested that the Board adopt a resolution
authorizing submittal to the state Council on Local Debt,
proceeding with the sale; and authorizing Alex Brown and Sons to
serve as ur.derilriter and Wheat First Securities to serve as
financial advisor.
Supervisor Johnson moved to adopt the resolution. The
motion carried by the following recorded vote:
AYES:
Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix
NAYS:
None
RESOLUTION 91493-2 AUTHORIZING COUNTY TO SUBMIT A PLAN
TO THE STATE COUNCIL ON LOCAL DEBT FOR REFUNDING A
PORTION OF THE 1991 WATER REVENUE BONDS
WHEREAS, the County of Roanoke, Virginia ("County") has
issued its $59,731,873.75 Water System Revenue Bonds, Series 1991
("Prior Bonds"); and
WHEREAS, the Board of Supervisors has determined that
it is advisable to authorize the· County Administrator, the
Director of Finance and such other officers and agents of the
County as they may designate to determine the advisability and
feasibility of issuing the bonds of the County in one or more
series to provide funds to advance refund all or a portion of the
callable Prior Bonds ("Refunding Bonds"); and
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September 14, 1993
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WHEREAS, Section 15.1 227.46 of the Code of Virginia of
1950, as amended, requires the Board of Supervisors to submit a
plan of refunding to the State Council on Local Debt ("SCLD") and
to receive the approval of the SCLD before issuing bonds to
advance refund the Prior Bonds:
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF
SUPERVISORS OF THE COUNTY OF ROANOKE:
1. The Board of Supervisors authorizes the issuance
and sale of the Refunding Bonds to advance refund ëÙl or a
portion of the Prior Bonds upon the terms and conditions to be
determined by subsequent resolution or resolutions. The
Refunding Bonds shall not be issued or sold until the SCLD has
approved the issuance of the Refunding Bonds.
2. The County Administrator, the Director of Finance
and such officers and agents of the County as either of them may
designate are authorized and directed to apply to the SCLD on
behalf of the Board of Supervisors for approval of the issuance
of the Refunding Bonds to refund all or a portion of the callable
Prior Bonds and to take such other action as may be required to
obtain SCLD approval. The County Administrator and the Director
of Finance or either of them, shall.determine the portions of the
callable Prior Bonds to be include~ in the plan for advance
refunding to be submitted to the SCLD for approval; provided,
however, that the issuance of the Refunding Bonds and the advance
refunding of the Prior Bonds as determined by such officers or
officer shall produce a Present Value Savings Ratio (as defined
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september 14, 1993
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in the state Council on Local Debt Guidelines) of not less that
.03 (3%).
3. This Resolution shall take effect immediately.
On motion of Supervisor Johnson to adopt the
resolution, and carried by the following recorded vote:
AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix
NAYS: None
h Approval of ImÞlementation AareeJLent between the
Roanoke Valley Resource Authority and the Roanoke
Reaional Landfill Board. (Diane Hyatt. Finance
Director)
A-91493-3
Ms. Hyatt advised that this agreement will transfer the
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assets, equipment and employees from the existing 'Roanoke Val, ley
Regional Solid Waste Management Board to the Roanoke Valley
Resource Authority effective October 1, 1993. A total of $9.5
million will be transferred to be used for a closure reserve and
post closure reserve for the existing landfill, and a credit on
tipping fees for Roanoke City, Roanoke County and the Town of
Vinton. Staff recommended approval of the implementation
agreement
Supervisor Nickens moved to approve the agreement. The
motion carried by the following recorded vote:
AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix
NAYS: None
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566 v
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Request from the Roanoke Arts commission for
Donation to Support the 1994 High School Art Show.
(Elmer Hodae. County Administrator)
A-91493-4
Mr. Hodge requested that the Board approve a $500
donation from the Board Contingency, Fund for the 1994 High School
Art Show.
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Supervisor Nickens moved to deny the request for
funding because he felt that the Board should not approve
additional contributions when several other similar requests were
denied during the budget process.
Supervisor Eddy made a substitute motion to defer to
September 28, 1993 to get more information on what other
localities are doing; and that staff bring back all denied budget
requests for funding from service organizations with their level
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of ,County participation. The motion was defeated by the
following recorded vote:
AYES: Supervisors Eddy
NAYS: Supervisors Johnson, Kohinke, Nickens, Minnix
Supervisor Nickens' motion to deny the request for
funding carried by the following recorded vote:
AYES: Supervisors Johnson, KOhinke, Nickens
NAYS: Supervisors Eddy, Minnix
~ Request for Authorization to Submit an AÞÞlication
for a Virainia Communi tv Development Block Grant
for Valley TechPark. (Tim Gubala. . Economic
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september 14, 1993
DeveloÞment Director)
R-91493-5
Mr. Gubala advised that Roanoke county was eligible to
compete for $700,000 in Community Development Block Grant state
funds that will assist in various site improvements in developing
Valley TechPark. In response to a question from Supervisor Eddy,
Mr. Gubala advised that the funds will be contingent upon a
qualifying industry locat~ng in the park.
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 91493-5 FOR AUTHORIZATION TO SUBMIT A
REQUEST FOR A VIRGINIA COMMUNITY DEVELOPMENT BLOCK
GRANT
WHEREAS, Roanoke County desires to apply for $700,000
of Virginia Community Development Block Grant funds for the
Valley TechPark Development Project, and
WHEREAS,
$450,000
of
Virginia
of
Department
Transportation (VDOT) Industrial Access funds, $39,750 of VDOT
Excess Revenue Sharing funds, $85,000 from the County utility
fund, $21,473 from Departmental Capital Budget fund, and $143,387
of a Roanoke County citizen approved bond fund referendum will
also be expended on this project, and
WHEREAS, it is projected that 150 jobs will benefit the
qitizens of both the New River Valley and Roanoke Valley, and
WHEREAS, up to 120 jobs will be held by low- and
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September 14, 1993
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moderate-income persons, and
WHEREAS, citizens participation requirements have been
complied with through two duly publicized public hearings.
NOW, THEREFORE BE IT RESOLVED by the Board of
Supervisors of Roanoke County, Virginia, as follows:
That the Roanoke County Board of Supervisors hereby
authorizes the County Administrator to sign and submit all
appropriate documents necessary to constitute an application for
1993 Virginia Community Development Block Grant funds.
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
~ Request from the Roanoke Reaional Airport
commission for Authorization to Purchase a Rescue
and Fire Fiqhting Vehicle. (Diane Hyatt. Finance
Director)
R-91493-6
Ms. Hyatt advised that the City and County of Roanoke
have been asked to approve the Airport Commission's purchase of a
aircraft rescue and fire fighting vehicle at an approximate cost
of $270,000. The federal government will reimburse the
Commission for 90% and the State will reimburse the Commission
for 5% of the costs.
I Supervisor Minnix moved to authorize the purchase and
adopt the resolution. The motion carried by the following
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september 14, 1993
recorded vote:
AYES:
Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix
NAYS:
None
Supervisor Johnson requested that staff set up a tour
of the Roanoke Regional Airport for members of the Board of
Supervisors
RESOLUTION 91493-6 APPROVING A SPECIFIC CAPITAL
EXPENDITURE FOR THE ACQUISITION BY THE ROANOKE REGIONAL
AIRPORT COMMISsIoN OF AN AIRCRAFT RESCUE AND FIRE
FIGHTING VEHICLE
WHEREAS, Section 17.(b) of the contract between Roanoke
County, the City of Roanoke and the Roanoke Regional Airport
Commission provides that the Commission shall prepare and submit
for
approval
capital
any proposed
expenditure
exceeding
$100,000.00 to benefit five or more future accounting periods;
and
WHEREAS, by report dated August 31, 1993, a copy of
which is on file in the Office of the Clerk to the Board, the
Roanoke Regional Airport Commission has submitted a request that
the county approve a certain capital expenditure by the
commission for the purchase or rehabilitation of an aircraft
rescue and fire fighting vehicle in the total amount of $270,000.
THEREFORE, BE IT RESOLVED by the Board of Supervisors
of Roanoke County, Virginia that this Board hereby approves the
capital expenditure by the Roanoke Regional Airport Commission of
$270,000 in connection with the purchase or rehabilitation of an
aircraft rescue and fire fighting vehicle, and the County
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Administrator and Clerk to the Board are authorized to execute
and attest, respectively, on behalf of the County, any additional
documentation, in form approved by the County Attorney, necessary
to evidence said approval, as more particularly set forth in the
report to this Board on this subj ect from the Roanoke Regional
Airport Commission dated August 31, 1993, a copy of which is on
file in the Office of the Clerk to the Board.
On motion of Supervisor Minnix to adopt the resolution,
and carried by the following recorded vote:
AYES: Supervisors Johnson, KOhinke, Eddy, Nickens, Minnix
NAYS: None
IN RE:
FIRST READING OF ORDINANCES
h Ordinance Authorizina Conveyance of an Easement to
Appalachian Power Company for Electric Service
Across Roanoke county Property. (Clifford Craia.
utility Director)
Supervisor Johnson moved to approve the first reading
and set the second reading and public hearing for September 28,
1993. The motion carried by the following recorded vote:
AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix
NAYS: None
Mr. Craig was directed to have the Parks & Recreation
Department review the easement for the impact on future park use.
h Ordinance Amendina Article IV. Sewer Use Standards
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september 14, 1993
of Chapter 18 of the Roanoke County Code of 1985.
(Clifford craig. utility Director)
Mr. Craig advised that the amendments are required so
that the County ordinance conforms to the form and intent of
Roanoke city's ordinance.
He explained that the amendments are
minor and that the requirement of a control manhole for non-
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residential users has been specifically addressed to avoid
confusion in the future. He advised that Roanoke City does not
enforce the installation of sampling manhole for all non-
residential users.
Mr. Craig offered several alternatives in
adopting the ordinance
(1) adoption of the ordinance including
the control
manhole requirement;
(2) adoption without
the
requirement
for a manhole on non-residential users; or
(3 )
adoption of the ordinance with administration of the ordinance
handled by the City of Roanoke.
J. B. Goria, 4502 Starkey Road S. W., the developer of
Promenade Park on Route 419, spoke in opposition to the
monitoring manhole requirement, stating that he felt there was no
reason to monitor every business in the County and that this was
overregulation.
Following discussion, Supervisor Nickens moved to
approve the first reading with Alternative #1 recommendation, and
set the second reading for September 28, 1993.
The motion
carried by the following recorded vote:
AYES:
Supervisors Johnson, Kohinke, Nickens
NAYS:
Supervisors Eddy, Minnix
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September 14, 1993
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Mr. Craig was directed to review Mr. Goria's comments
and have a response by the September 28, 1993 meeting.
.h Ordinance Authorizina Acquisition of a Water and
Sewer Easement from Dairvmen. Inc. (Clifford
craia. utility Director)
There was no discussion. Supervisor Nickens moved to
approve the first reading and set the second reading for
September 28, 1993. The motion carried by the following recorded
vote:
Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix
None
~ Ordinance Authorizinq Conveyance of an Easement to
Appalachian Power Company for Electric Service
Across Vinyard Park. (Vickie Huffman. Assistant
County Attornev)
Staff was requested to review the easement with Parks
and Recreation prior to second reading. Supervisor Nickens moved
to approve the first reading and set the second reading for
September 28, 1993. The motion carried by the following recorded
vote:
AYES:
NAYS:
AYES:
NAYS:
IN RE:
Supervisors Johnson, KOhinke, Eddy, Nickens, Minnix
None
SECOND READING OF ORDINANCES
h
Ordinance Amendina and Reenactina Section 12-34.
DisÞlav of Decal Generallv. of Article II. County
Vehicle License of Chapter 12 of the Roanoke
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september 14, 1993
County Code to Expand the Reauirement for DisÞlav
of County Vehicle Decals. (Joseph Obenshain. Sr.
Assistant County Attornev)
0-91493-7
Supervisor Nickens requested that staff study the
possibility of hiring an additional person to handle decal
enforcement and personal property tax payments.
Supe=visor Johnson moved to adopt the ordinance. The
motion carried by the following recorded vote:
AYES:
Supervisors Johnson, KOhinke, Eddy, Nickens, Minnix
NAYS:
None
ORDINANCE 91493-7 AMENDING AND REENACTING
SECTION 12-34. DISPLAY OF DECAL GENERALLY, OF
ARTICLE II. COUNTY VEHICLE LICENSE OF CHAPTER
12 OF THE ROANOKE COUNTY CODE TO EXPAND THE
REQUIREMENT FOR DISPLAY OF COUNTY VEHICLE
DECALS
WHEREAS, a small minority of residents of Roanoke
County and some individuals and businesses who normally garage or
park a motor vehicle within the county continue to evade payment
of personal property taxes and purchase of county vehicle decals;
and
WHEREAS, the current fiscal environment requires that
every effort be made to insure that all taxes rightfully owed to
the county are collected; and
WHEREAS, the 1993 session of the General Assembly has
amended the Code of Virginia to clarify that localities now have
the authority to issue parking tickets, citations or uniform
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september 14, 1993
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traffic summonses to residents of the locality where such vehicle
is registered to enforce local motor vehicle decal requirements;
and
WHEREAS, the first reading of this ordinance was held
on August 24, 1993; and the second reading for this ordinance was
held on September 14, 1993. ~
BE IT ORDAINED by the Board of Supervisors of the
County of Roanoke, Virginia, as follows:
1. That Section 12-34 of the Roanoke County Code
entitled "Display of decal generally" be amended and reenacted to
read and provide as follows:
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Sec. 12-34.
Display of decal generally.
A license decal issued under this article shall be
a)
attached to and displayed on the windshield of the vehicle for
which issued in such manner as to be clearly visible.
b) It shall be unlawful for any person £g:::::::::::~Î~I::¡:::::::$§
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semi-trailer required to be licensed under this article on any
street, highway, road, or other traveled way in the County,
unless a current license decal is displayed thereon as required
by this section. The fact that the current license tax has been
paid on such vehicle shall not bar prosecution for a violation of
this section. A violation of this section shall be punished by a
fine of not less than twenty dollars ($20.00) and not more than
II one hundred dollars ($100.00). Any violation of this section may
not be discharged by payment of such fine except upon
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575
September 14. 1993
presentation of satisfactory evidence that the license herein
required has been obtained.
c) Each day that a vehicle is operated without a
current license decal being displayed shall be considered a
separate offense for purposes of this section. E!Šm:iñIR!slißnil
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2. The effective date of this ordinance shall be
October 1, 1993.
On motion of Supervisor Johnson to adopt the ordinance,
and carried by the following recorded vote:
AYES:
NAYS:
Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix
None
h ordinance Amendina and Reenactina section 10-33.
Real Estate Services. section 10-34. Professional
Services. and section 10-36. Personal and Business
Service Occupations. of Article I. In General. of
Chapter 10. Licenses. to ExemÞt Gross Receipts
Less Than $3.000 from Business License Tax
Liabilitv. (Joseph Obenshain. Sr. Assistant County
Attorney)
0-91493-8
There was no discussion.
Supervisor Nickens moved to
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September 14, 1993
576
adopt the ordinance.
The motion carried by the following
recorded vote:
AYES:
Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix
NAYS:
None
ORDINANCE 91493-8 AMENDING AND REENACTING SECTION
10-33. REAL ESTATE SERVICES., SECTION 10-34.
PROFESSIONAL SERVICES. AND SECTION 10-36. PERSONAL AND
BUSINESS SERVICE OCCUPATIONS. OF ARTICLE I. IN GENERAL,
OF CHAPTER 10, LICENSES, TO EXEMPT GROSS RECEIPTS LESS
THAN $3,000 FROM BUSINESS LICENSE TAX LIABILITY.
WHEREAS, section 10-36, "Personal and Business Service
Occupations" of the Roanoke County Business License Ordinance
imposes a business license tax of $0.34 per $100.00 of gross
receipts upon a wide variety of personal and business services
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conducted within the County of Roanoke with a minimum license tax
of thirty dollars ($30.00); and
WHEREAS, the broad definition of "personal and business
service" defined by representative example in subsection (b) of
Sec. 10-36 includes many services conducted on a part-time basis
and by juveniles and retired individuals; and
WHEREAS, Section 10-34, "Professional services" of the
License Ordinance imposes a business license tax of $0.50 per
$100.00
of
gross
receipts
upon
every
person
providing
professional services within the County with a minimum license
tax of thirty dollars ($30.00); and
WHEREAS, the definition of "professional services"
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defined in subsection (b) of Sec. 10-34 may include retired or
part-time professionals or those individuals who maintain a valid
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571 .
September 14, 1993
state 'professional license merely to prevent such license from
lapsing; and
WHEREAS, Section 10-33, "Real estate services" of the
License Ordinance imposes a business license tax of $0.50 per
$100.00 of gross receipts upon every person providing real estate
services, including real estate agents, brokers, escrow agents
and appraisers, within the County with a minimum license tax of
thirty dollars ($30.00); and
WHEREAS, the definition of "real estate services
defined in subsection (c) of Sec. 10-33 may include retired or
part-time real estate agents or brokers or those individuals who
maintain an agent's license with a licensed real estate broker to
prevent such license from lapsing; and
WHEREAS, the administrative time and expense incurred
by the Commissioner of the Revenue's Off ice in processing the
large number of such persons for whom the minimum tax of $30.00
will apply is not cost effective for the County of Roanoke; and
WHEREAS, no specific exemption exists in this ordinance
to permit the Commissioner to excuse the filing of a return and
the payment of a business license tax by those persons having
gross receipts of only a few thousand dollars each year; and
WHEREAS, a first reading of this ordinance was held on
August 24, 1993; and the second reading was held on September 14,
1993.
BE IT ORDAINED by the Board of Supervisors of the
County of Roanoke, Virginia, as follows:
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september 14, 1993
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1.
That Section 10-33 Real Estate Services. , Section
10-34. Professional Services. and Section 10-36 Personal and
business service occuDations. of Article I. In General, of
Chapter 10, LICENSES, be amended and reenacted as follows:
Sec. 10-33. Real Estate Services.
(a) Every person engaged in the business of providing a
real estate service shall pay for the privilege an annual license
tax of fifty cen'ts ($0.50) per one hundred dollars ($100.00) of
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gross receipts from the business during the preceding calendar
year or thirty dollars ($30.00), whichever is higher. ~IIM
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Sec. 10-34. Professional services.
(a) Every person engaged in the business of providing a
professional service shall pay for the privilege an annual
,
license tax of fifty cents ($0.50) per one hundred dollars
($100.00) of gross receipts from the occupation during the
preceding calendar year or thirty dollars ($30.00), whichever is
higher ·I:M~E¥::::::::::::::p~Em§m::::::::::::::!iB!~::::::::::::::ªEe:!~::::::::::::::!~Bi:!pÎm:::::::::::::::$i::::::::~::::ÎnË::::::::::t2E~$%9:!!~
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september 14, 1993
Sec. 10-36. Personal and business service occupations.
(a) Every person engaged in the business of providing a
personal or business service shall pay for the privilege an
annual license tax of thirty-four cents ($0.34) per one hundred
dollars ($100.00) of gross receipts from the occupation during
the preceding calendar year or thirty dollars ($30.00), whichever
is higher . .~¥:·::::::::P£E~:RB:::::::::ñþg~;::::::::::g!8~:!:::::::::::B!§!,:!p~ª;::::::::::ffiÌt:::::::::Îí!:::::::::::gil;ë%:l:iЪ
§!:~:::!m~D:::::::::::::::::¥iiB:::::::::~:::::'ªli:i:m:::::::::::::::::!!:::::::::::::::::m:!~:!:::::~:::::::I.iÐ:::::::::::::::::II~;!:::::::::::::::::I;ÞBR!!Ð!i:::::::~::::::::!iRm:m~:e
~f:la::i::!:!9:::t::!:!:),::::::::::Ii)gl~::::':!mM::::::P£E~:RB!:I:::~:::gì:::::::;P9:ª:!!I;ª~::::::::!::!B¥iE~:::::::ªIIÐ:+::::~~::B!::::::::!ximFä'
iB§m::::::Îí!:~:::::B%:9ìffiB~jj!'ñl;:::::::§~::::::::§~g!::~t:::~::::::I:9::m~:::':i:I~:::~~~:::!m~:~:::::;I:9::;lli~'~:::::g!:~~::::M§:ffi~::::::::£tl!I~!B:f::
* * * * *
2. This ordinance shall be effective from and after
October 1, 1993.
On motion of Supervisor Nickens to adopt the ordinance,
and carried by the following recorded vote:
AYES:
Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix
I
NAYS:
None
'"
IN RE:
APPOINTMENTS
h Grievance Panel
Supervisor Nickens nominated Cecil Hill to another two-
year term which will expire September 27, 1995.
h Industrial Development Authoritv
Supervisor Minnix nominated Billy Branch to another
four-year term which will expire September 26, 1997.
h Virainia Western Community Colleae Board
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September 14, 1993
580
.
It was consensus of the Board to nominate Jeffrey
ottaway to serve the unexpired four-year term of Patrick Shafner.
Mr. ottaway's term will expire June 30, 1995.
Supervisor Johnson announced the resignation of Ron
Massey, Hollins Magisterial District representative, from the
Planning Commission. He requested that staff prepare a media
release.
IN RE:
CONSENT AGENDA
R-91493-9
Supervisor Johnson moved to approve the Consent Agenda
after discussion of Item 5. The motion carried by the following
I
recorded vote:
AYES:
Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix
NAYS:
None
Staff was directed to send a letter to Cox Cable TV,
and television channels 7 and 10, encouraging them to come to an
agreement and not negatively impact service to the citizens.
RESOLUTION 91493-9 APPROVING AND CONCURRING
IN CERTAIN ITEMS SET FORTH ON THE BOARD OF
SUPERVISORS AGENDA FOR THIS DATE DESIGNATED
AS ITEM K - CONSENT AGENDA
BE IT RESOLVED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That the certain section of the agenda of the Board
of Supervisors for September 14 , 1993, designated as Item K-
II Consent Agenda be, and hereby is, approved and concurred in as to
each item separately set forth in said section designated Items 1
...
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5,81
.
September 14, 1993
through 5, inclusive, as follows:
1. Approval of Minutes - August 24, 1993
2. Acknowledgement of Acceptance of 0.16 Miles of
Whipplewood Court into the Secondary System by the
Virginia Department of Transportation.
3. Request for Approval of a Raffle Permit and One-
Time Bingo Game from the Penn Forest Elementary
School PTA.
4. Request for Approval of a Raffle Permit from the
National wild Turkey Federation.
5. Request for Approval to Hire Outside Counsel for
the Cable TV Committee.
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 fupervisor Johnson 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 Kohinke: (1) He thanked Chief Cease for
the statistics provided to him. (2) He thanked Mr. Hodge for
his update on the Administration Center move to the Travelers
Building.
Supervisor Eddv:
(1)
He asked about the State
Agricultural Soil Study and suggested that Chairman Minnix send a
letter requesting that the report be expedited.
(2)
He
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september 14, 1993
58'2
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announced that he had attended Opening Day acti vi ties of the
'Southwest Soccer Association wi th Chairman Minnix. (3) He
advised that he has prepared a position paper on the School Board
selection referendum which he has given to the supervisors. He
suggested that all board members make sure that the citizens are
well informed of this issue.
Supervisor Nickens: He passed out to the members of
the Board an economic impact s~udy on the Blue Ridge Parkway.
IN RE:
REPORTS
I
Supervisor Kohinke moved to receive and file the
following reports. The motion carried by a unanimous voice vote.
.L. General Fund unappropriated Balance
h Capital Fund Unappropriated Balance
h Board Continaencv Fund
~ Police DeÞartment Activitv ReÞort
~ Fire , Rescue Reaction/Response Report
IN RE:
RECESS
Chairman Minnix declared a recess at 5:25 p.m.
RECONVENEMENT
Chairman Minnix reconvened the meeting at 5:30 p.m.
WORK SESSION
h Joint Work Session with School Board to Discuss
Capital Plannina.
School Board Chairman Frank Thomas called the School
IN RE:
IN RE:
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September 14, 1993
s:.
Board meeting to
order.
School Superintendent
Bayes Wilson
presented a progress report on the school capital improvements
projects which were funded by last year's bond referendum and
loans from the Virginia Public School Authority, and the projects
that are being proposed for funding by the Literary Fund. He
also advised that there was a need for a new gymnasium/field
house and small auditorium between Northside High and Junior High
at an estimated =ost ranging from $1.5 to $5 million.
Finance Director Diane Hyatt presented three schedules
of the school debt proj ections.
One showed a projected school
board shortfall of $156,460 in 1994-95.
The second schedule
which speeded up the projects by one year showed a shortfall of
$374,442 in 1994-95.
The third schedule included the proposed
Northside Field House" which would create a $748,980 budget
shortfall in 1997-98. Ms. Hyatt also presented a debt projection
schedule for the County General Fund.
Following discussion, Dr. Wilson suggested that the
Board of Supervisors hear the presentation on the need for the
f ieldhouse that was presented to the School Board.
It was
decided to set the presentation for October 26, 1993.
IN RE:
EXECUTIVE SESSION
At 6:25 p.m., Supervisor Johnson moved to go into
Executive Session pursuant to the Code of Virginia Section 2.1-
344 A
(7) To discuss legal matters requiring the provision of
legal advice by the County Attorney and briefings by staff
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september 14, 1993
58'4
members concerning contract negotiations: (a) Sigmon, Boone &
Beasley cases; and (b) Litigation with Grumman Emergency
Products; and Section 2.1-344 A (1) Discussion of a personnel
matter; evaluation of the County Administrator.
The motion
carried by the following recorded vote:
AYES:
Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix
NAYS:
None
IN RE:
CERTIFICATION OF EXECUTIVE SESSION
R-91493-10
At 7: 09 p.m., Supervisor Nickens moved to return to
I
Open Session and adopt the Certification Resolution. The motion
carried by the following recorded vote:
AYES:
Supervisors Johnson, KOhinke, Eddy, Nickens, Minnix
NAYS:
None
RESOLUTION 91493-10 CERTIFYING EXECUTIVE MEETING WAS
HELD IN CONFORMITY WITH THE CODE OF VIRGINIA
WHEREAS, the Board of Supervisors of Roanoke County,
Virginia has convened an executive meeting on this date pursuant·
to an affirmative recorded vote and in accordance with the
provisions of The Virginia Freedom of Information Act; and
WHEREAS, Section 2.1-344.1 of the Code of Virginia
requires a certification by the Board of Supervisors of Roanoke
County, Virginia, that such executive meeting was conducted in
II conformity with Virginia law.
NOW, THEREFORE, BE IT RESOLVED, that the Board of
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58 5 . September 14, 1993
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 nleeting were
heard, discussed or considered by the Board of Supervisors of
Roanoke County, Virginia.
On motion of
certification Resolution,
vote:
Supervisor Nickens to adopt the
and carried by the following recorded
AYES:
NAYS:
Supervisors Johnson, KOhinke, Eddy, Nickens, Minnix
None
IN RE:
RECONVENEMENT
Chairman Minnix reconvened the Evening Session at 7:10
p.m. with all Board members present.
IN RE:
PUBLIC HEARING AND SECOND READING OF ORDINANCES
h Ordinance Amendina and Reenactina the Zoninq
Classification of Roanoke county Tax Parcel
Numbers 96.02-1-44 and 96.02-01-45 from AG-l to R-
1 and the Amend the Zonina Classification of
Certain Other ProÞerties in Proximity to the Blue
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september 14, 1993
586
Ridqe Parkway from AG-l to AR. (Terrv Harrinaton.
Plannina , Zonina Director)
I
0-91493-11
County Administrator Elmer Hodge reported that in
December 1992 the Board delayed the zoning of parcels along the
Blue Ridge Parkway and asked staff to evaluate the impact of
development on the Parkway. A Parkway Review Committee was
established and they identified eleven critical viewsheds that
should be protected. Mr. Hodge advised that this public hearing
will address 450 parcels on both sides of the Parkway. Most of
the parcels have been zoned AG1. The Planning commission
recommended that they be rezoned ðeither AR or R-1. Mr. Hodge
reviewed action on the four separate properties as follows:
1. Sigmon Property: Strauss Construction is
requesting R-1 zoning limited to 2.5 units per acre.
2. Beasley Property: Boone, Boone & Loeb filed suit
against the County in an effort to get R-1 zoning of certain
properties on the north and south side.
3. L. T. McGhee Property: Mr. McGhee purchased this
property after the Board zoned it AG1. He is satisfied with the
proposed AR zoning on half the property but not with the AG1
zoning on the other half.
4. Critical Viewsheds: The eleven critical viewsheds
have not been advertised for a public hearing and would be left
II at their current zoning of AG1.
The following citizens spoke in regard to the proposed
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587
September 14, 1993
zoning:
1. Peter Givens, National Park Service, read a letter
from Gary Everhardt, Superintendent of the Blue Ridge Parkway,
asking that the Board consider protection for the areas directly
adjacent the Parkway.
2. Fran Marrano, 6770 Musical Lane, spoke in
opposition to development on the propertiès.
3. Roy Lochner, 6050 Poage Valley Road, spoke in
opposition to development'of the Beasley tract.
4. Evelyn Gunter, 3805 Pinevale Road S. W., spoke in
opposition to high density development of the properties.
5. Lynn Davis, Friends of the Blue Ridge Parkway,
yielded her time to former Congressman Jim Olin.
6. Jjm Olin, 175 27th Street S. E., spoke in
opposition to residential zoning and supported protection of the
parkway vistas.
7. Andrew Cornelius, 4876 Mews Hill Drive, requested
that the Parkway scenic view be protected.
8. Ed Natt, 1919 Electric Road, attorney representing
Strauss Construction and Boone, Boone & Loeb, requested that the
Board defer a decision for 30 days on the Beasley/Boone property
and that the Sigmon/Strauss property be rezoned to R1.
9. Brad McGraw, attorney for citizens for Responsible
Rural Growth, presented a petition opposing any rezoning on the
property greater than AR and advised he had filed a petition with
the Court to intervene on the Sigmon/Strauss lawsuit.
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September 14, 1993
588
I
I
10. Alan Graczyk, 5507 Castle Rock, spoke supporting
the rezoning because of the need for growth, jobs and affordable
housing.
11. Melanie Graczyk, 5507 Castle Rock, spoke in
support of the proposed zonings.
12. Jim Loesel, 2753 Tanglewood Drive, S. W.,
representing the citizens Environmental Council, urged the Blu~
Ridge Parkway officials to act to protect the Parkway.
13. Sam Maxey, 3912 Sandpiper Drive, spoke in support
of residential zoning because of the need for affordable housing.
14. Robert France, 2502 Carolina Avenue, representing
the Roanoke Valley Preservation Foundation, spoke in support of
agricultural zoning.
15. Robert E. Crawford, Jr. 6620 Shingle Ridge Road,
supported protection of the Parkway scenic views.
16. Karen Scott, 8443 Poor Mountain Road, President of
the Bent Mountain Civic League, spoke in opposition to R-1 zoning
of the properties.
17. Rick Whitney, 5346 Castle Road, representing the
Regional Homebuilders Association, supported delaying a decision
on the Beasley/Boone property.
18. Al st. Clair, 3951 Carson
opposition to development because of higher
farmers near the property.
19. Ginny Owens, 6161 Cotton Hill Road, citizens for
Road,
taxes
spoke in
on small
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58 9 September 14, 1993
Responsible Rural Growth, spoke in opposition to any R1 zoning in
the area.
~
20. steven strauss, 2776 Bobolink, President of
strauss Construction, asked for support of his R1 zoning request
for the Sigmon property because the property was not visible from
the parkway.
21.
Len Boone, Boone,
Boone & Loeb, purchaser of the
decision' on this property be
Beasley property, asked that a
deferred for 30 days.
22. Suzanne R. Wright, 6949 Briar Ridge Circle, spoke
in opposition to R1 zoning for the properties.
23. Leon T. McGhee, 1816 Pembrook Drive, purchaser of
one of the properties, was opposed to one-half of his property
being placed in the critical viewshed.
Following comments by Planning and Zoning Director
Terry Harrington, Supervisor Johnson asked that a resolution be
brought to the September 28 meeting aSking the appropriate
federal and state agencies to set a public hearing on the Blue
Ridge Parkway viewsheds along the entire length of the parkway.
Supervisor Minnix moved to adopt the ordinance. There
I
was no vote.
Supervisor Nickens made a substitute motion to adopt
the ordinance with the exclusion of the Beasley property under
litigation with Boone, Boone, & Loeb which will be deferred to
allow for continued negotiation. The motion carried by the
fOllowing recorded vote:
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september 14, 1993
.. 5·9 0,
AYES:
Supervisors Johnson, Kohinke, Nickens
NAYS:
Supervisors Eddy, Minnix
Supervisor Johnson moved to execute the Consent Order
regarding the litigation with Strauss. The motion carried by the
following recorded vote:
AYES:
Supervisors Johnson, KOhinke, Eddy, Nickens, Minnix
NAYS:
None
ORDINANCE 91493-11 AMENDING AND REENACTING
THE ZONING DISTRICT MAPS FOR ROANOKE COUNTY,
BY THE ADOPTION OF CERTAIN MISCELLANEOUS
CHANGES THROUGHOUT THE COUNTY TO SAID MAPS
(BONSACK, COTTON HILL, POAGES VALLEY ROAD)
WHEREAS, on December 15, 1992, the Board of Supervisors
I
of Roanoke County, Virginia, adopted Ordinance 121592-10 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-examined 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 following properties
and zoning district maps be, and hereby are, submitted to the
I
Board of Supervisors for amendment; and,
WHEREAS, legal notice and advertisement has been
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59 1
September 14, 1993
~
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 was held on September 14, 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:
(A) That the following described properties are hereby
changed from AG-1, Agriculture/Rural Low Density District, to R-
1, Low Density Residential District:
96.02-1-44; 96.02-1-45;
(B) That the following described properties are hereby
I
changed from AG-1, Agriculture/Rural Low Density District, to A-
R, Agriculture/Residential District:
40.02-1-4;
40.02-1-7;
40.04-1-4;
40.04-1-7;
40.04-1-9.1;
40.04-1-40;
40.04-1-45;
40.04-1-48;
40.04-1-50;
40.04-1-53;
40.04-1-56;
40.02-1-5;
40.02-1-8;
40.04-1-5;
40.04-1-8;
40.04-1-9.2;
40.04-1-41;
40.04-1-46;
40.04-1-48.1;
40.04-1-51;
40.04-1-54;
40.04-1-57;
40.02-1-6;
40.04-1-3;
40.04-1-6;
40.04-1-9;
40.04-1-10;
p/o 40.04-1-42;
40.04-1-47;
40.04-1-49;
40.04-1-52;
40.04-1-55;
40.04-1-58;
50.01-1-16.3;
50.01-1-19;
p/o 50.02-1-1.2;
50.01-1-17;
50.01-1-19.1;
50.01-1-18;
p/o 50.02-1-1;
86.15-2-2;
86.19-1-1;
86.19-1-5;
86.19-1-8;
86.15-2-3;
86.19-1-1.1;
86.19-1-6;
86.19-1-9;
86.l6-5-58;
86.19-1-2;
86.19-1-7;
86.19-1-10;
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september 14, 1993
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86.19-1-11;
86.19-1-14;
86.19-1-17;
86.19-1-20;
86.19-1-23;
86.19-1-26;
86.19-1-29;
86.19-1-29.3;
86.19-1-32;
86.19-2-1;
p/o 86.19-2-32;
86.19-2-33.2;
86.20-3-4;
86.20-3-7;
86.20-3-10;
86.20-3-13;
86.20-3-16;
86.20-3-19;
86.20-3-21.1;
86.20-3-24;
86.19-1-12;
86.19-1-15;
86.19-1-18;
86.19-1-21;
86.19-1-24;
86.19-1-27;
86.19-1-29.1;
86.19-1-30;
86.19-1-32.1;
p/o 86.19-2-9;
86.19-2-33;
86.20-3-1;
86.20-3-5;
86.20-3-8;
86.20-3-11;
86.20-3-14;
86.20-3-17;
86.20-3-20;
86.20-3-22;
I
95.02-2-44;
95.02-2-47;
95.02-2-49;
95.02-2-54;
95.02-2-57;
95.02-2-60.1;
95.02-:-2-60.4;
95.02-2-61.2;
95.04-1-6;
95.04-1-8.2;
95.04-1-16;
95.04- 1-19;
95.04-1-22;
95.04-1-25;
95.04-3-2;
95.04-3-5;
95.02-2-45;
95.02-2-48;
95.02-2-51;
95.02-2-55;
95.02-2-58;
95.02-2-60.2;
95.02-2-61;
95.02-2-62;
95.04-1-7;
p/O 95.04-1-12;
p/o 95.04-1-17;
95.04-1-20;
95.04-1-23;
95.04-1-26;
95.04-3-3;
I
96.01-1-1;
96.01-1-4.1;
96.01-2-1;
96.01-2-4;
96.01-2-6.1;
96.01-2-8;
96.01-2-11;
96.01-2-15;
96.01-2-18;
96.01-2-19.2;
96.01-2-21.1;
96.01-2-23;
96.01-2-26;
96.01-1-2;
96.01-1-5;
96.01-2-2;
96.01-2-5;
96.01-2-6.2;
96.01-2-9;
96.01-2-13;
96.01-2-16;
96.01-2-19;
96.01-2-20;
96.01-2-21. 2;
96.01-2-24;
96.01-2-27;
86.19-1-13;
86.19-1-16;
86.19-1-19;
86.19-1-22;
86.19-1-25;
86.19-1-2a;
86.19-1-29.2;
86.19-1-31;
86.19-1-33;
86.19-2-31;
86.19-2-33.1;
86.20-3-3;
86.20-3-6;
86.20-3-9;
86.20-3-12;
86.20-3-15;
86.20-3-18;
86.20-3-21;
86.20-3-23;
95.02-2-46;
95.02-2-48.1;
95.02-2-53;
95.02-2-56;
95.02-2-60;
95.02-2-60.3;
95.02-2-61.1 ;
95.02-2-63;
95.04-1-8.1;
95.04-1-14;
95.04-1-18;
95.04-1-21;
95.04-1-24;
95.04-3-1;
95.04-3-4;
96.01-1-3;
96.01-1-6;
96.01-2-3;
96.01-2-6;
96.01-2-7;
96.01-2-10;
96.01-2-14;
96.01-2-17;
96.01-2-19.1;
96.01-2-21;
96.01-2-22;
96.01-2-25;
96.01-2-28;
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September 14, 1993
96.01-2-29;
96.01-2-32;
96.01-2-35;
96.01-2-38;
96.01-2-41;
96.01-2-44;
96.01-3-1;
96.01-3-3;
96.01-3-6;
96.01-3-9;
96.01-3-12;
96.02 1 1;
96.02-1-4;
96.02-1-7;
96.02-1-10;
96.02-1-13;
96.02-1-17;
96.02-1-20;
96.02-1-23;
96.02-1-26;
96.02-1-29;
96.02-1-32;
96.02-1-35;
96.02-1-38;
96.02-1-42;
96.02-1-46.1;
96.03-'.-2 ;
p/o 96.03-1-7;
96.03-1-10;
96.03-1-13;
96.03-1-16;
96.03-2-3;
96.03-2-6;
96.03-2-9;
96.03-2-12.1;
96.03-2-19;
96.03-2-21.1;
96.03-2-24;
96.03-2-27;
96.03-2-29;
96.03-3-2;
96.03-3-5;
96.03-3-8;
96.03-3-11;
96.03-3-14;
96.03-3-17;
96.03-3-20;
96.04-1-2;
96.04-1-5;
96.04-1-8;
96.04-1-13;
96.01-2-30;
96.01-2-33;
96.01-2-36;
96.01-2-39;
96.01-2-42;
96.01-2-45;
96.01-3-2;
96.01-3-4;
96.01-3-7;
96.01-3-10;
96.01-3-13;
96.02 1 2;
96.02-1-5;
96.02-1-8;
96.02-1-11;
96.02-1-14;
96.02-1-18;
96.02-1-21;
96.02-1-24;
96.02-1-27;
96.02-1-30;
96.02-1-33;
96.02-1-36;
96.02-1-39;
96.02-1-43;
96.02-1-46.2;
96.03-1-4;
96.03-1-8;
96.03-1-11;
96.03-1-14;
96.03-2-1;
96.03-2-4;
96.03-2-7;
96.03-2-10;
96.03-2-12.2;
96.03-2-20;
96.03-2-22;
96.03-2-25;
96.03-2-28;
96.03-2-30;
96.03-3...3;
96.03-3-6;
96.03-3-9;
96.03-3-12;
96.03-3-15;
96.03-3-18;
96.03-3-21;
96.04-1-3;
96.04-1-6;
96.04-1-10;
96.04-1-14;
96.01-2-31;
96.01-2-34;
96.01-2-37;
96.01-2-40;
96.01-2-43;
96.01-2-46;
96.01-3-2.1;
96.01-3-5;
96.01-3-8;
96.01-3-11;
p/o 96.01-3-37;
96.02-1-3;
96.02-1-6;
96.02-1-9;
96.02-1-12;
96.02-1-15;
96.02-1-19;
96.02-1-22;
96.02-1-25;
96.02-1-28;
96.02-1-31;
96.02-1-34;
96.02-1-37;
96.02-1-41;
pIa 96.02 1 46;
96.02-1-46.3;
96.03-1-5;
96.03-1-9;
96.03-1-11.1;
96.03-1-15;
96.03-2-2;
96.03-2-5;
96.03-2-8;
96.03-2-11;
96.03-2-12.3;
96.03-2-21;
96.03-2-23;
96.03-2-26;
96.03-2-28.1;
96.03-3-1;
96.03-3-4;
96.03-3-7;
96.03-3-10;
96.03-3-13;
96.03-3-16;
96.03-3-19;
96.04-1-1;
96.04-1-4;
96.04-1-7;
96.04-1-12;
96.04-1-15;
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september 14, 1993
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'w
59 4 ~
o
96.04-1-16;
96.04-1-19;
96.04-1-22;
96.04-1-25;
96.04-1-28;
96.04-1-31;
96.04-1-34;
96.04-1-36;
96.04-1-38;
96.04-2-4;
96.04-3-1. 4;
96.04-3-1. 7;
96. 04-3-1.l0;
96.04-3-1.13;
96.04-3-1.16 ;
96.04-3-1.19;
96.04-3-10 22;
96.04-3-4;
96.04-3-7;
96.04-4-3;
96.04-4-6;
96.04-4-9;
96.04-4-12;
96.04-4-15;
96.04-4-l8;
96.04-4-21;
96.07-1-2;
96.07 1 6;
96.08-1-3;
96.08-2-2;
96.08-2-6;
I
97.01-2-1;
97.01-2-4;
97.01-2-7;
97.01-2-14;
SouthcrR r/o
Northern PIO
I
97.03-1-20;
97.03-1-23;
97.03-1-26;
97.03-1-29;
97.03-1-32;
97.03-1-36;
97.03-2-1;
97.03-2-4;
97.03-2-7;
97.03-2-10;
97.03-2-13;
96.04-1-17;
96.04-1-20;
96.04-1-23;
96.04-1-26;
96.04-1-29;
96.04-1-32;
96.04-1-35;
96.04-1-36.1;
96.04-1-39;
',96.04-3-1.1 ;
96.04-3-1. 5;
96.04-3-1. 8;
96.04-3-1.11;
96.04-3-1.14;
96.04-3-1.17 ;
96.04-3-1. 20;
96.04-3-2;
96.04-3-5;
96.04-4-1;
96.04-4-4;
96.04-4-7;
96.04-4-10;
96.04-4-13;
96.04-4-16;
96.04-4-19;
96.04-:-4-22;
96.07-·1-4 ;
96.08-1-1;
96.08-1-4;
96.08-2-3;
97.01-2-2;
97.01-2-5;
97.01-2-8;
9.7.01-2-15;
97.01 2 17;
97.01-2-17
97.03-1-21;
97.03-1-24;
97.03-1-27;
97.03-1-30;
97.03-1-33;
97.03-1-37;
97.03-2-2;
97.03 2 s¡
97.03-2-8;
97.03-2-11;
97.03-2-14;
96.04-1-18;
96.04-1-21;
96.04-1-24;
96.04-1-27;
96.04-1-30;
96.04-1-33;
96.04-1-35.1;
96.04-1-37;
96.04-2-3;
96.04-3-10 3;
96.04-3-1.6;
96.04-3-1. 9;
96.04-3-1.12;
96.04-3-1.15;
96.04-3-1.18;
96.04-3-1. 21;
96.04-3-3;
96.04-3-6;
96.04-4-2;
96.04-4-5;
96.04-4-8;
96.04-4-11;
96.04-4-14;
96.04-4-17;
96.04-:4-20;
96.07-1-1;
96.07-1-5;
96.08-1-2;
96.08-2-1;
96.08-2-4;
97.01-2-3;
97.01-2-6;
97.01-2-9;
97.01-2-16;
97.03-1-22;
97.03-1-25;
97.03-1-28;
97.03-1-31;
97.03-1-34;
97.03-1-38;
97.03-2-3;
97.03-2-6;
97.03-2-9;
97.03-2-12;
97.03-2-15;
~
,..
595
September 14, 1993
97.03-2-16;
97.03-2-19;
97.03-2-21;
97.03-2-24;
97.03-2-27;
97.03-2-30
97.03-2-17;
97.03-2-20;
97.03-2-22;
97.03-2-25;
97.03-2-28;
97.03-2-18;
97.03-2-20.1;
97.03-2-23;
97.03-2-26;
97.03-2-29;
2. That said map or maps entitled "ZONING CHANGES BONSACK"
and "ZONING CHANGES COTTON HILL AND POÂGES VALLEY 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 c~assification authorized by this
ordinance.
On substitute motion of Supervisor Nickens to adopt the
ordinance with the exclusion of the Beasley property which is in
litigation with Boone, Boone & Lobe and which will be deferred to
allow for continued negotiation.
The motion carried by the
following recorded vote:
AYES:
Supervisors Johnson, Kohinke, Nickens
NAYS:
Supervisors Eddy, Minnix
IN RE:
EXECUTIVE SESSION
At 9:00 p.m., Supervisor Nickens moved to go into Executive
session pursuant to the Code of Virginia Section 2.1-344 A (7)
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September 14, 1993
. 596
To discuss legal matters requiring the provision of legal advice
by the County Attorney and briefings by staff members concerning
contract negotiations: (a) Sigmon, Boone & Beasley cases; and (b)
Litigation with Grumman Emergency Products; and Section 2.1-344
A (1) Discussion of a personnel matter; evaluation of the'County
Administrator.
The motion carried by the following recorded
vote:
AYES:
Supervisors Johnson, KOhinke, Eddy, Nickens, Minnix
NAYS:
None
IN RE:
CERTIFICATION OF EXECUTIVE SESSION
R-91493-12
Supervisor Johnson left the meeting at 9:45 p.m. and
Supervisor Nickens left the meetir.g at 9:50 p.m.
At 9 : 50 p. m. , Supervisor Eddy moved to return to Open
Session and adopt the certification Resolution.
The motion
carried by the following recorded vote:
AYES:
Supervisors Kohinke, Eddy, Minnix
ASSENT:
Supervisors Johnson, Nickens
RESOLUTION 91493-12 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 tl'w
provisions of The Virginia Freedom of Information Act; and
WHEREAS, Section 2.1-344.1 of the Code of Virginia require~
~
,...
597
, September 14, 1993
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 Eddy to adopt the Certification
Resolution, and carried by the following recorded vote:
I
AYES: Supervisors KOhinke, Eddy, Minnix
NAYS: None
ABSENT: Supervisors JOhnson, Nickens
IN RE:
ADJOURNMENT
At 9:51p.m., supervisor Eddy moved to adjourn. The motion
carried by the following recorded vote:
AYES:
Supervisors Kohinke, Eddy, Minnix
NAYS:
None
ABSENT:
Supervisor
2na;i~~;S I A A. ~
. '}¡:{1'?'1 ¡V; h '
, /,7
. , /
H. Odell UFuzzyU Minnix, Chalrman
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