HomeMy WebLinkAbout11/30/1993 - Regular
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November 30, 1993
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Roanoke county Board of Supervisors
Roanoke County Administration Center
3738 Brambleton Avenue, S.W.
Roanoke, Virginia 24018
November 30, 1993
The Board of Supervisors of Roanoke County, Virginia, met
this day at the Roanoke County Administration Center, this being the
fifth Tuesday, and the second regularly scheduled meeting of the month
of November, 1993.
IN RE:
CALL TO ORDER
Chairman Minnix called the meeting to order at 3: 04 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;
Anne Marie Green, Director, Community Relations
IN RE:
OPENING CEREMONIES
The invocation was given by the Reverend D. Michael
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November 30, 1993
Meloy, Windsor Hills Methodist Church. The Pledge of Allegiance
was recited by all present.
IN RE:
REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF
AGENDA ITEMS
Mr. Hodge requested that Item 3 under New Business be
moved to the end of the evening session, and that a personnel
matter be added to the Executive Session.
IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, PRESENTATIONS
AND AWARDS
~ ReÐort from the Blue Ridqe Community Services
Board (Henry Sullivan. BRCS Board Member)
The report was presented by Henry Sullivan who advised
that $79,332 provided by Roanoke County was matched with federal
and state money to provide $1,539,773 in total funding for
Roanoke County citizens. Faye,Markham, a County recipient of the
services, described the various services that BRCS provided for
her.
IN RE:
NEW BUSINESS
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for AÐÐroval of ProÐosed Leaislative
(Paul M. Mahoney. County Attorney)
Reauest
Proqram.
R-113093-1
Mr. Mahoney reported that on June 22, 1993, the Board
identified major legislative issues for consideration by the
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November 30, 1993
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Virginia Association of Counties. Additionally, individual Board
members have requested that other issues receive legislative
action. by the General Assembly. He advised that the various
issues such as Explore, law enforcement, education, etc. had been
separated in the proposed program.
Several Board members suggested changes t? the proposed
legislative requests and questioned whether to express support
for VACO's legislative program until they could review it.
Chairman Minnix suggested that the individual Board members meet
with Mr. Mahoney to discuss their suggested changes.
Supervisor Nickens moved to approve the legislative
program with changes agreed to by the Board members. He accepted
an amendment by Supervisor Minnix expressing support for the VACo
legislative program "in spirit" only.
Supervisor Eddy made a substitute motion to postpone
action until December 14, 1993 when the documents from VACo
requests may be available. The motion was defeated by the
following recorded vote:
AYES: Supervisors KOhinke, Eddy
NAYS: Supervisors Johnson, Nickens, Minnix
Supervisor Nickens' motion carried by the following
recorded vote:
AYES:
NAYS:
Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix
None
I The Board members agreed to set the legislative meeting
for January 3, 1994, following the organizational meeting.
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November 30, 1993
RESOLUTION 113093-1 ADOPTING A LEGISLATIVE PROGRAM FOR
THE 1994 SESSION OF THE VIRGINIA GENERAL ASSEMBLY, AND
PETITIONING THE GENERAL ASSEMBLY TO FAVORABLY CONSIDER
THE TOPICS AND ISSUES ADDRESSED HEREIN
WHEREAS, on June 22, 1993, the Board of Supervisors of
Roanoke County, Virginia, identified major legislative issues of
state-wide concern to be considered by the 1994 session of the
Virginia General Assembly; and
WHEREAS, the Board has recommended these issues to its
state-wide organization, the Virginia Association of Counties,
for consideration in the adoption of its legislative program; and
WHEREAS, the Board hereby supports in spirit the
legislative program adopted by the Virginia Association of
Counties; and
WHEREAS, the Board adopts this resolution as the
Legislative Program of Roanoke County for the 1994 session of the
Virginia General Assembly.
NOW, THEREFORE, be it resolved by the Board of
Supervisors of Roanoke County, Virginia, that the following
legislative initiatives are submitted to the 1994 session of the
Virginia General Assembly for its favorable consideration and
adoption.
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INCLUDE $2,395,100 IN THE 1994-96
BIENNIUM APPROPRIATION ACT FOR
PERSONNEL AND OPERATING EXPENSES
FOR THE VIRGINIA RECREATIONAL
FACILITIES AUTHORITY, A POLITICAL
SUBDIVISION OF THE COMMONWEALTH OF
VIRGINIA.
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These funds would be used solely to operate Virginia's
Explore Park, a 1300-acre outdoor living history museum' and
environmental conservation and outdoor recreation reserve on the
Roanoke River adjoining the Blue Ridge Parkway in Roanoke and
Bedford Counties.
This appropriation would enable the Authority to open
Explore Park to the public on a year-round, five-day a week basis
after eight years of planning and development that included land
acquisition with a 1988 appropriation of $6 million of state
general funds. Park development will continue to be funded from
grants from federal, state, local, and private partners.
The appropriation requested for fiscal year 1994-95 is
$1,098,300; and the appropriation requested for fiscal year 1995-
96 is $1,296,800.
II
A. Law Enforcement. The County urges the General
Assembly to restore funding for the H.B. 599 Program (state aid
to localities with police departments).
B. Education. Realizing that public education is the
foundation of American democracy and the cornerstone of our
future economic well being, the County urges the General Assembly
to enhance funding for public education, including increasing the
funds available to the Literary Fund for local school capital
construction or renovation projects. At a minimum the General
Assembly should fully fund the Literary Fund in the amount of
$100 million for FY 1994-95.
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November 30, 1993
Local school divisions should be authorized to
establish opening dates for school.
The County requests the General Assembly to approve an
amendment to the Roanoke County Charter providing for the popular
election of school board.
C. Public Investment in Information. The County urges
the General Assembly to closely monitor the findings and
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recommendations of the Council on Information Management pursuant
to Senate Joint Resolution 238 with respect to amendments to the
Virginia Freedom of Information Act, the Virginia Privacy
Protection Act, the Virginia Public Records Act, and the
Intellectual Property Act so as to protect the taxpayers' invest-
ment in the collection, development, storage and maintenance of
public records.
This taxpayer investment is of critical
importance with respect to the County's development of its GIS
system.
The General Assembly should adopt legislation to allow
its local governments to recover the actual costs of developing
such computerized information and public records information
systems.
D.
Recvclinq.
Roanoke County is a leader in the
development of a local recycling program; however, such programs
in conjunction with the Commonwealth's recycling goals adversely
affect the County's finances. Since the County is losing money
recycling, the County urges the General Assembly to either waive
its recycling requirements (25% for 1995) or to guarantee market
prices to local governments for recyclable materials.
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E. social services. The County urges the General
Assembly to continue and to increase administrative funding for
the support and implementation of the Comprehensive Services Act.
Further, the County urges the General Assembly to closely monitor
the findings and recommendations of the task force created by
House Joint Resolution No. 603 concerning the proposed
restructuring of Virginia's long-term care system for the
elderly.
F. Public Libraries. The County urges the General
Assembly to provide full funding of state aid for public
libraries. Currently, public libraries receive only 77% of the
state funds required under the formula prescribed in § 42.1-48 of
the Code of Virginia. Full funding of the state aid to public
libraries would result in an increase of $40,000 to Roanoke
County.
G. PaYment of Taxes. Upon the request of: the'
Treasurer of Roanoke County, the General Assembly is urged to
amend § 58.1-3013 to require credit card companies to honor local
ordinances authorizing the paYment of local taxes by credit card
and imposing a service charge not to exceed 4% of the amount due.
H. Drunk Drivinq. The County urges the General
Assembly to increase the penal ties for DUI violations and to
improve and toughen enforcement of the DUI statutes.
I. Equal Taxation and Borrowinq Powers. The County
urges the General Assembly to adopt legislation equalizing the
taxi~g and borrowing powers of counties with those powers granted
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November 30, 1993
to municipalities.
J. Unfunded Mandates. The County supports the
reduction of unfunded regulatory and statutory mandates and
opposes any state mandates on local governments without
sufficient funding to cover the costs of those mandates.
K. Annexation. The County urges the General Assembly
to continue the moratorium on any city-initiated annexation and
any city annexation initiated by citlzens of counties.
L. Growth Manaqement. The County petitions the
General Assembly to grant local governments in the Commonwealth
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the authority to adopt growth management ordinances including the
power to impose impact fees, ordinances to impose aesthetic and I
design criteria considerations for the protection of historic and
natural resources (like ~he Blue Ridge Parkway), to restrict the
authority of the courts to overrule local land use decisions, and
to allow reasonable procedures and time periods for the
amortization of non-conforming signs.
M. Container Deposit. The County urges the General
Assembly to adopt legislation establishing a deposit on beverage
containers.
N. Lotterv Proceeds. The County petitions the
General Assembly to return a portion of the lottery proceeds to
local governments as originally intended.
o. Animal Control. The County urges the General
Assembly to adopt enabling legislation to control the breeding of
dogs and cats. A critical pet over-population problem exists in
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the Commonwealth of Virginia because of accidental and deliberate
breeding of dogs and cats leaving too many animals without good
homes and suffering because of lack of adequate shelter, food,
and veterinary care. A reduction in the number of stray dogs and
cats in our local communi ties will lessen the burden on local
governments and save tax dollars.
III
That the Clerk to the Board of Supervisors is directed
to send a certified copy of this resolution to the members of the
General Assembly representing the Roanoke Valley, to the Clerk's
of the House of Delegates and the Senate of the General Assembly,
and to the Town Council of the Town of Vinton, City Councils of
the City of Salem and the city of Roanoke, and the Boards of
Supervisors of the Counties of Bedford, Botetourt, Craig, Floyd,
Franklin, and Montgomery counties.
On motion of Supervisor Nickens to approve the
legislative program with changes and amendments requested by
Supervisors Minnix regarding the VACo legislative program, and
carried by the following recorded vote:
AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix
NAYS: None
.L.
Reauest to SUÐÐort the Establishment of an
Institute of Government for Virqinia (Elmer c.
Hodae. County Administrator)
R-113093-2
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November 30, 1993
Mr. Hodge reported that the Virginia Local Government
Managers Association (VLGMA) approved a proposal to create an
institute of government for Virginia that would expand technical
assistance and training opportunities for government officials.
Several government professional organizations have endorsed
pursuing funding for the institute from the General Assembly.
Mr. Hodge requested that the Board adopt a resolution endorsing
the creation by the General Assembly of a legislati ve study
committee.
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 113093-2 SUPPORTING A GENERAL ASSEMBLY
STUDY OF AN INSTITUTE OF GOVERNMENT FOR VIRGINIA
WHEREAS,
the Virginia Local Government Managers
Association established a committee to study the need for an
institute of government for Virginia; and
WHEREAS, the committee determined that there was a need
for specialized training and technical assistance for local
government officials; and
WHEREAS, In June 1993, VLGMA approved a proposal to
create an institute of government for Virginia that would expand
training opportunities, and requested that the 1994 General
Assembly create a legislative study committee to make a
recommendation on the proposal; and
WHEREAS, the Virginia Municipal League, the Virginia
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Association of Counties and the Virginia Local Government
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November 30, 1993
Attorney's Association supports a study of an Institute of
Government for Virginia.
THEREFORE, BE IT RESOLVED, that the Board of
Supervisors of Roanoke County, Virginia supports efforts of local
government officials to become better trained, and requests that
the General Assembly establish a legislative study committee to
investigate and make a recommendation on an institute of
Government fOL Virginia.
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
~ Reauest for Additional Fundina for the DeÐartment
of General Services. (Don C. Myers. Assistant
Administrator)
This item was moved to the evening session and was then
withdrawn during the evening session.
IN RE:
REQUESTS FOR WORK SESSIONS
Supervisor Nickens requested work sessions on: (1) an
open burning ordinance; (2) the comprehensive plan for fire and
rescue; (3) the affordable housing report; (4) the proposed
vehicle replacement policy to include fire and rescue, and
evaluation of existing and needed equipment; and (5) the proposed
facilities use policy. Mr. Hodge will scheduled the work
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November 30, 1993
sessions.
IN RE:
REQUEST FOR PUBLIC HEARING AND FIRST READING OF
REZONING ORDINANCES - CONSENT AGENDA
Supervisor Johnson moved to approve the first reading
and set the public hearings for December 14, 1993. The motion
carried by the following recorded vote:
AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix
NAYS: None
~ An Ordinance Authorizina a Special Use Permit to
Operate a Car Wash. Located at the Northeast
Corner of Williamson Road and Clubhouse Drive.
Hollins Haaisterial Di~trict. Upon the Petition of
Fast Break Food Marts. Inc.
~ An Ordinance Authorizincr a S"ecial Use Permit; t;o
Operate Carry-out and Delivery Service. Located at
3109 Brambleton Avenue. Windsor Hills Maaisterial
District. Upon the Petition of Papa John's Pizza.
~ An Ordinance Authorizina a Special Use Permit to
operate a Used Car Lot. Located at 7410 SunnYbrook
Drive. Hollins Maaisterial District. Upon the
Petition of Kidd Auto Sales.
IN RE:
FIRST READING OF ORDINANCES
~ Ordinance Amendina and Reenactina section 12-34.
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November 30, 1993
Display of Decal GenerallY. of Article II. County
Vehicle License. and section 12-55. parking
Tickets GenerallY. of Article II. Parkina. of
Chapter 12 of the Roanoke County Code to
Facilitate Enforcement of County Vehicle Decal
Reauirement by parkina Tickets. (Joseph Obenshain.
Sr. Assistant County Attorney)
Mr. Mahoney advised that these amendmen'cs will permit
citizens to pay parking tickets or vehicle decal violations in
the same manner as, other parking violations. It adopts a uniform
fine of $25.00 for vehicle decal violations. However, the ticket
cannot be paid until the decal license is obtained after paYment
of personal property taxes. In response to a question from
Supervisor Nickens, he advised that his office is working on a
draft ordinance for a uniform color decal for all Roanoke Valley
localities.
Supervisor Nickens moved to approve the first reading
and set the second reading for December 14, 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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Ordinance Declarina the Pinkard Court Recreation
Center as Surplus Property and Authorizina
Donation of the Facility to Total Action Aaainst
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November 30, 1993
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Poverty. (Terry Harrinaton. Plannina , Zoninq
Director) (CONTINUED FROM NOVEMBER 16. 1993)
Supervisor Johnson moved to adopt the ordinance. There
was no vote.
The Board members raised several questions
regarding the cost to the County for the environmental study, and
whether other human service agencies have been contacted
regarding the donation.
Supervisor Nic}:ens made a substi tute motion to table
until all issues and concerns are resolved including the
environmental study.
The motion carried by the following
recorded vote:
AYES:
Supervisors KOhinke, Eddy, Nickens
NAYS:
Supervisors Johnson, Minnix
IN RE:
CONSENT AGENDA
R-113093-3
Supervisor Kohinke moved to approve the Consent Agenda
after discussion and amendments to Item 1. The motion carried by
the following recorded vote:
AYES:
Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix
NAYS:
None
RESOLUTION 113093-3 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
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November 30; 1993
Roanoke County, Virginia, as follows:
1. that the certain section of the agenda of the
Board of Supervisors for November 30, 1993, designated as Item
K - Consent Agenda be, and hereby is, approved and concurred in
as to, each item separately set forth in said section designated
Items 1 through 5, inclusive, as follows:
1. Approval of Amendments to the Bingo and
Raffle Application and the Financial Report.
2. Approval of Raffle Permit for Herman L. Horn
Elementary S.C.A.
3.
Acceptance
Facilities
Church.
of Water and
Serving st.
Sanitary Sewer
Paul's Lutheran
4.
Confirmation of Committee Appointments to the
Blue Ridge Community Services Board, the
Grievance Panel, the Library Board, the
Planning Commission and the Roanoke Valley
Resource Authority.
5. Acceptance of Golden Court and the Extension
of Setter Road into the Virginia Department
of Transportation Secondary System.
2. That the Clerk to the Board is hereby
authorized and directed where required by law to set forth upon
any of said items the separate vote tabulation for any such item
pursuant to this resolution.
On motion of Supervisor Kohinke to adopt the
resolution after discussion and amendments to Item 1, and carried
by the following recorded vote:
AYES:
Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix
NAYS:
None
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November 30, 1993
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RESOLUTION 113093-3.e REQUESTING ACCEPTANCE OF
GOLDEN COURT AND THE EXTENSION OF SETTER ROAD INTO
THE VIRGINIA DEPARTMENT OF TRANSPORTATION
SECONDARY SYSTEM
WHEREAS,
the streets described on the attached
Additions Form SR-5(a), fully incorporated herein by reference,
are shown on plats recorded in the Clerk's Office of the Circuit
Court of Roanoke County; and
WHEREAS, the Resident Engineer for the Virginia
Department of Transportation has advised this Board the streets
meet the requirements established by the Subdivision Street
Requirements of the Virginia Department of Transportation; and
NOW, THEREFORE, BE IT RESOLVED, this Board requests the
Virginia Department of Transportation to add the streets II
described on the attached Additions Form SR-5(A) to the secondary
system of state highways, pursuant to section 33.111-229, Code of
Virginia, and the Department' s Subdivision Street Requirements.
and
BE IT FURTHER RESOLVED, this Board guarantees a clear
and unrestricted right-of-way, as described, and any necessary
easements for cuts, fills and drainage, and
BE IT FURTHER RESOLVED, that a certified copy of this
resolution be forwarded to the Resident Engineer of the Virginia
Department of Transportation.
Recorded Vote
Moved By:
Supervisor Kohinke
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Seconded By:
Not Reauired
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Yeas:
Minnix
Nays:
Supervisors Johnson.
Kohinke.
Eddv.
Nickens.
None
IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS
Supervisor KOhinke: Reported that he held community
meeting with the residents in the Fort Lewis and Dixie Caverns
area. He thanked Don Myers and other County staff for attending.
Supervisor Eddy: (1) He asked for a report on the
leaf collection process, especially by private vendors. General
Services Director Gardner Smith advised that all bagged leaves
I are collected every week. The only complaint on private vendors
collecting unbagged leaves has been regarding the cost. (2) He
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asked why a consultant had been hired by the regionalization
committee. Mr. Hodge advised that the group needed a consultant
to gather data to report back. He will study water, sewer, etc.
and recommend what will be "do-able". (3) He has received phone
calls regarding the use of prisoners for park maintenance. He·
has talked with Sheriff Holt and felt the project was safe. He
suggested a public information program to advise the public that
the program was safe. (4) Regarding signs in public right of
way, he has been advised that the law now excludes political
signs. He asked for Board consensus for the staff to investigate
realtors placing signs in the right-of-way, and to bring back a
report. There was no consensus from the Board on pursuing this
issue. (5) He reminded everyone about the investiture ceremony.
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November 30, 1993
Supervisor Nickens: He announced that the Bushdale
Road ribbon cutting had been postponed.
Supervisor Johnson: (1) He asked that the staff come
to the Community Room as early as possible on Board meeting days.
(2) He asked that a policy governing Board members be added to
Retreat.
Supervisor Minnix: (2) He asked for discussion on the
date for the Board Retreat. The decision was made to set the
Board Retreat for Friday, January 7 at the Explore Park. (2) He
expressed appreciation to all who were involved in the move to
the new Roanoke County Administration Center.
There was Board discussion on the additional holidays
of December 23rd and December 30th declared by the Governor for
state employees.
Mr. Hodge advised that several Board members suggested
that the County offices that directly serve the pUblic stay open
those two days. Following discussion, there was a consensus from
the Board members that the offices remain closed on December 23rd
and December 30th.
IN RE:
REPORTS
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Supervisor Nickens moved to receive and file the
following reports after discussion of Item 4. The motion carried
by a unanimous voice vote.
~ General Fund UnaÞÞropriated Balance II
.L. Capital Fund Unappropriated Balance
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November 30, 1993
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Board Continaencv Fund
~ Report on Bond proiects
~ Report on the 1991 Water proiect
h Report on the Roanoke ValleY Resource Authority
Solid Waste Facilities.
IN RE:
EXECUTIVE SESSION
At 4: 59 p.m., Supervisor Kohinke moved to go into
/
Executive Session pursuant to the Code of Virginia Section 2.1-
344 A
(5) Discussion concerning a prospective business or
industry where no previous announcement has been made of the
business or industry's interest in locating in the community, and
(1) Discussion of a personnel matter. The motion carried by the
following recorded vote:
AYES:
Supervisors Johnson, KOhinke, Eddy, Nickens, Minnix
NAYS:
None
IHRE:
CERTIFICATION OF EXECUTIVE SESSION
R-113093-4
At 7: 05 p.m., Supervisor Johnson moved to return to
Open Session and approve the Certification Resolution. The
motion carried by the following recorded vote:
AYES:
Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix
NAYS:
None
RESOLUTION 113093-4 CERTIFYING EXECUTIVE MEETING
WAS HELD IN CONFORMITY WITH THE CODE OF' VIRGINIA
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November 30, 1993
WHEREAS, the Board of Supervisors of Roanoke County,
Virginia has convened an executive meeting on this date pursuant
to an affirmative recorded vote and in accordance with the
provisions of The Virginia Freedom of Information Act; and
WHEREAS, section 2.1-344.1 of the Code of Virginia
requires a certification by the Board of Supervisors of Roanoke
County, Virginia, that such executive meeting was conducted in
conformity with Virginia law.
NOW, THEREFORE, BE IT RESOLVED, that the Board of
Supervisors of Roanoke County, Virginia, hereby certifies that,
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
eXE'cuti ve meeting which this certification resolution applie~,
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 Johnson to adopt the
certification Resolution, and carried by the following recorded
vote:
AYES:
NAYS:
Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix
None
IN.RE:
EVENING SESSION (7:05 P.M.)
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November 30, 1993
Chairman Minnix reconvened the meeting and introduced
the members of Boy Scout Troop 209 and Boy Scout Troop 236.
IN RE:
PUBLIC HEARING
~ Public Hearina on Boundary Line Ad;ustment Between
the city of Salem and the County of Roanoke. (Paul
M. Mahonev. county Attorney)
There were no citizens present to speak and no
discussion.
Supervisor Kohinke moved to ratify and confirm the
previous action adopting the resolution on September 28, 1993.
The motion carried by the following recorded vote:
AYES: Supervisors Johnson, KOhinke, Eddy, Nickens, Minnix
NAYS: None
IN RE:
PUBLIC HEARINGS AND SECOND READING OF ORDINANCES
~ Ordinance Vacatina a 20 Foot wide Alley Recorded
in Plat Book 4. Page 55. Section 1. Melody Acres.
Located in the windsor Hills Haaisterial District.
(Arnold Covey. Director of Enaineerina ,
Inspections)
0-113093-5
There was no discussion and no citizens spoke.
Supervisor Johnson moved to adopt the ordinance. The motion
carried by the following recorded vote:
AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix
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November 30, 1993
NAYS:
None
ORDINANCE 113093-5 VACATING AND CLOSING AN
UNIMPROVED 20' X 150' ALLEY LOCATED IN
SECTION 1 OF MELODY ACRES SUBDIVISION (PB 4,
PAGE 55), WINDSOR HILLS MAGISTERIAL DISTRICT
WHEREAS, William Taylor, Jr., the petitioner, has
requested the Board of Supervisors of Roanoke County, Virginia to
vacate and close an unimproved 20' x 150' alley located in Melody
Acres Subdivision (PB 4, Page 55 in the Office of the Clerk of
the Circuit Court of Roanoke County); and,
WHEREAS, Section 15.1-482 (b) of the 1950 Code of
Virginia, as amended, requires that such action be accomplished
by the adoption of an ordinance by the governing body; and,
WHEREAS, notice has been given as required by Section
15.1-431 of the 1950 Code of Virginia, as amended, and a first
reading of this ordinance was held on November 16, 1993; and the
pUblic hearing and second reading of this ordinance was held on
November 30, 1993.
BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That an unimproved 20' x 150' alley located east of
Lot 4, Block 1, in Melody Acres Subdivision and dedicated to
Roanoke County by plat of Melody Acres Subdivision found in Plat
Book 4 at page 55 in the Office of the Clerk of the Circuit Court
of Roanoke County, be, and hereby is, vacated pursuant to section
15.1-482(b) of the 1950 Code of Virginia, as amended; and,
2. That as a condition of the adoption of this ordi-
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November 30, 1993
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nance, the County reserves and retains a property interest within
the twenty (20) foot right-of-way for use as a public utility and
water line easement; and,
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.
4. That the Department of Engineering and Inspections
shall record a certified copy of this ordinance with the Clerk of
the Circuit Court and petitioner, william Taylor, Jr., shall pay
all fees required to accomplish this transaction.
On motion of Supervisor Johnson to adopt the ordinance,
and carried by the following recorded vote:
AYES: Supervisors Johnson, Kohinke, Eèdy, Nickens, Minnix
NAYS: None
.L. Ordinance Vacatina an Unimproved Dedicated strip
of Land Referred to as Dallas Road. Located in the
otterview Gardens Subdivision and Recorded in Plat
Book 54. paae 52. Located in the Hollins
Maaisterial District. (Arnold Covey. Director of
Enaineerina , Inspections)
0-113093-6
There was no discussion and no citizens spoke.
Supervisor Johnson moved to adopt the ordinance. The motion
carried by the following recorded vote:
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November 30, 1993
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AYES:
Supervisors Johnson, KOhinke, Eddy, Nickens, Minnix
NAYS:
None
ORDINANCE 113093-6 VACATING AND CLOSING AN
UNIMPROVED RIGHT-OF-WAY REFERRED TO AS DALLAS
ROAD LOCATED IN THE OTTERVIEW GARDENS
SUBDIVISION (PB 54, PAGE 52), HOLLINS
MAGISTERIAL DISTRICT
WHEREAS, Frank B. and Frances G. Mayorshi, the peti-
tioners, have requested the Board of Supervisors of Roanoke
County, Virginia to vacate and close an unimproved right-of-way
located in otterview Gardens Subdivision (PB 54, Page 52 in the
Office of the Clerk of the Circuit Court of Roanoke County);
and,
WHEREAS, section 15.1-482 (b) of the 1950 Code of
Virginia, as amended, requires that such action be accomplished
by/the adoption of an ordinance by the governing body; and,
WHEREAS, notice has been given as required by section
15.1-431 of the 1950 Code of Virginia, as amended, and a first
reading of this ordinance was held on November 16, 1993; and the
pUblic hearing and second reading of this ordinance was held on
November 30, 1993.
BE IT ORDAINED by the Board of súpervisors of Roanoke
County, Virginia, as follows:
1. That an unimproved variable-width right-of-way
approximately 350 feet in length located in Otterview Gardens
Subdivision between Tax Map Parcels 27.05-5-2 and 27.05-4-18 and
dedicated to Roanoke County by plat of Otterview Gardens Subdivi-
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November 30, 1993
sion found in Plat Book 54 at page 52 in the Office of the Clerk
of the Circui t Court of Roanoke County, be, and hereby is,
vacated pursuant to section 15.1-482 (b) of the 1950 Code of
Virginia, as amended; and,
2. That as a condition of the adoption of this ordi-
nance, the County reserves and retains a property interest within
the variable-width right-of-way for possible use as a public
utility easement; and,
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.
4. That the Department of Engineering and Inspections
shall record a certified copy of this ordinance with the Clerk of
the Circuit Court and Petitioners shall pay all fees required to
accomplish this transaction.
On motion of Supervisor Johnson to adopt the ordinance,
and carried by the following recorded vote:
AYES: Supervisors Johnson, Kohinke, Eddy, Nickens,
Minnix
NAYS:
None
Ordinance Authorizina a Special Use Permit to
EXÐand an Existina Mobile Home Park. Located at
1000 Mattie Drive. Hollins Maaisterial District.
Upon the Petition of Carolina Mobile Home Park.
(Terry Harrinaton. Plannina & Zonina Director)
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November 30, 1993
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Mr. Harrington reported that the petitioner is propos-
ing sixteen new spaces for his mobile home park.
The site is
located in a Neighborhood Conservation area and the expansion
will comply with all the use and design standards for manufac-
tured home parks in the 1992 zoning ordinance. The existing park
is located along Mattie Drive a private street accessing the
park.
Jerry Altieri, the petitioner, was present to answer
questions.
Supervisor Johnson moved to adopt the ordinance. The
motion carried by the following recorded vote:
AYES:
Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix
NAYS:
None
ORDINANCE 113093-7 GRANTING A SPECIAL USE
PERMIT TO CAROLINA MOBILE HOME PARK TO ALLOW
THE EXPANSION OF AN EXISTING MOBILE HOME PARK
LOCATED AT 1000 MATTIE DRIVE (TAX PARCEL
39.20-1-15) HOLLINS MAGISTERIAL DISTRICT
WHEREAS, the owner of the Carolina Mobile Home Park has
filed a petition to allow the expansion of an existing mobile
home park located at 1000 Mattie Drive in the Hollins Magisterial
District; and
WHEREAS, the Planning commission held a public hearing
on this matter on November 1, 1993; and
WHEREAS, the Board of Supervisors of Roanoke County,
Virginia, held a first reading on this matter on October 26,
1993; the second reading and public hearing on this matter, was
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November 30, 1993
held on November 30, 1993.
NOW, THEREFORE BE IT ORDAINED by the Board of Supervi-
sors of Roanoke County, virginia, as follows:
1. That the Board finds that the granting of a
special use permit to allow the expansion of an mobile home park
located at 1000 Mattie Drive in the Hollins Magisterial District
is substantially in accord with the adopted 1985 Comprehensive
Plan pursuant to the provisions of § 15.1-456 (b) of the 1950
Code of Virginia, as amended.
2. That the Board hereby grants a Special Use Permit
to the owner of the Carolina Mobile Home Park to allow the
expansion of an existing mobile home park located at 1000 Mattie
Drive in the Hollins Magisterial District.
On motion of Supervisor Johnson to adopt the ordinance,
and carried by the following recorded vote:
AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix.
NAYS: None
.L.
Ordinance Rezonina from R-1 to C-2 and Authorizinq
a Special Use Permit to Operate a Used Automobile
Dealership. on 0.85 Acre. Located on the South
Side of Peters Creek Road. West of the North Park
Office Complex. Hollins Maaisterial District.
Upon the Petition of William L. Hite. (Terrv
Harrinaton. Plannina , zonina'Director)
0-113093-8
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November 30, 1993
Mr. Harrington reported that the petitioner has prof-
fered that the existing historically significant single family
residence known as the Gray House shall remain.
The proposed
development conforms with the Core designation of the Comprehen-
sive Plan because it is a retail use.
Mr. Harrington advised
that following the Planning commission Public Hearing on septem-
ber 7, the petitioners met with staff and members of the Roanoke
valley Preservation Foundation.
Proff~rs were offered by the
petitioner that would protect the visibility of the Gray House.
Mr. Hite was present to answer questions.
Supervisor Nickens moved to adopt the ordinance.
The
motion carried by the following recorded vote:
AYES:
Supervisors Johnson, KOhinke, Eddy, Nickens, Minnix
NAYS:
None
ORDINANCE 113093-8 TO CHANGE THE ZONING
CLASSIFICATION OF A 0 . 85 ACRE TRACT OF REAL
ESTATE LOCATED ON THE· SOUTH SIDE OF PETERS
CREEK ROAD WEST OF THE NORTH PARK OFFICE
COMPLEX (PART OF TAX MAP NOS. 27~17-2-10 AND
27.14-2-11) IN THE HOLLINS MAGISTERIAL
DISTRICT FROM THE ZONING CLASSIFICATION OF R-
1 TO THE ZONING CLASSIFICATION OF C-2 WITH
CONDITIONS AND APPROVING A SPECIAL USE PERMIT
TO OPERATE A USED AUTOMOBILE DEALERSHIP UPON
THE APPLICATION OF WILLIAM L. HITE
WHEREAS, the first reading of this ordinance was held
on August 24" 1993, and the second reading and pUblic hearing
were held November 30, 1993; and,
WHEREAS, the Roanoke County Planning Commission held a
public hearing on this matter on September 7, 1993; and,
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803
November 30, 1993
WHEREAS, legal notice and advertisement has been
provided as required by law.
BE IT ORDAINED by the Board of Supervisors of Roanoke
County, virginia, as follows:
1. That the zoning classification of a certain tract
of real estate containing 0.85 acre, as described herein, and
located on the south side of Peters Creek Road, (Part of Tax Map
Numbers 27.14-2-10 and 27.14-2-11) in the Hollins Magisterial
District, is hereby changed from the zoning classification of R-
1, Low Density Residential District, to the zoning classification
of C-2, General Commercial District.
2. That this action is taken upon the application of
William L. Hite.
3. That the owner has voluntarily proffered in
writing the following conditions which the Board of Supervisors
hereby accepts:
(l) No major automobile repair services (engine,
transmission, or body and fender repairs) will be
performed.
(2) No vehicle which is missing major mechanical
or body parts, or has been substantially damaged
will be stored on the exterior of the building.
(3) No building shall be constructed within the
view triangle shown in metes and bounds on the
attached drawing labeled Attachment A, dated
November 15, 1993.
(4) The building constructed on the property
shall have a pitched roof and shall not exceed 1
story or 30 feet, whichever is less.
4.
That said real estate is more fully described as
follows:
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November 30, 1993
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That portion of Tax Map Nos. 27.14-2-10 and 27.14-
2-11 extending 225 feet south from Peters Creek
Road and consisting of approximately 0.85 acre as
more particularly shown on the Conceptual si te
Plan prepared by Jones and Jones dated 15 November
1993.
5. That a Special Use permi t is hereby granted to
operate a used automobile dealership on the property identified
in paragraph 4 above in accordance with section 30-19 and 30-54-2
(B) of the Roanoke County Zoning Ordinance.
6. 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 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:
OTHER BUSINESS
~ Reauest for Additional Fundina for the Department
of General Services. (Don C. Mvers. Assistant
Administrator)
continued
from
the
afternoon
session)
Action on this item was continued for further study.
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November 30, 1993
INRE:
ADJOURNMENT
At 7:29 p.m., Supervisor Johnson moved to adjourn. The
motion carried by the following recorded vote:
AYES:
Supervisors Johnson, KOhinke, Eddy, Nickens, Minnix
NAYS:
None
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