HomeMy WebLinkAbout7/28/1992 - Regular
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July 28, 1992
418
Roanoke County Board of Supervisors
Roanoke County Administration Center
3738 Brambleton Avenue, S.W.
Roanoke, Virginia 24018
July 28, 1992
The Board of Supervisors of Roanoke County, Virginia,
met this day at the Roanoke County Administration Center, this
being the fourth Tuesday, and the second regularly scheduled
meeting of the month of July, 1992.
IN RE:
CALL TO ORDER
Chairman Eddy called the meeting to order at 3:03 p.m.
The roll call was taken.
MEMBERS PRESENT:
Chairman Lee B. Eddy, Vice Chairman Edward G.
Kohinke, Sr., Supervisors Bob L. Johnson, H.
Odell "Fuzzy" Minnix
MEMBERS ABSENT:
Supervisor Nickens
STAFF PRESENT:
Elmer C. Hodge, County Administrator; Joseph
Obenshain, Assistant County Attorney; Mary H.
Allen, Clerk; John M. Chambliss, Assistant
County Administrator; Don M. Myers,
Assistant County Administrator; Anne Marie
Green, Information Officer
IN RE:
OPENING CEREMONIES
The invocation was given by John M. Chambliss, Jr.,
Assistant County Administrator.
The Pledge of Allegiance was
recited by all present.
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July 28, 1992
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IN RE:
PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS
~ Resolution of Appreciation to Roanoke Moose Lodae
No. 284 for Donation of a Rescue Boat to Catawba-
Mason Cove Rescue Sauad.
R-72892-1
vice Chairman Ed Kohinke presented the resolution to
the President of the Roanoke Moose Lodge No. 284.
Supervisor
Eddy moved to adopt the resolution.
The motion carried by the
following recorded vote:
AYES:
Supervisors Johnson, Kohinke, Minnix, Eddy
NAYS:
None
ABSENT:
Supervisor Nickens
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RESOLUTION 72892-1 OF APPRECIATION TO ROANOKE MOOSE LODGE
NO. 284 FOR DONATION OF A RESCUE BOAT TO
CATAWBA-MASON COVE RESCUE SQUAD
WHEREAS, fire and rescue protection is an important
service provided to County residents; and
WHEREAS, the volunteer" Fire and Rescue Squads of
Roanoke County have a long history of outstanding service to the
citizens of the County; and
WHEREAS, the support of the community is an important
component of that service; and
WHEREAS, Roanoke Lodge No. 284, Loyal Order of Moose,
has donated to the Catawba-Mason Cove Rescue Squad a swift water II
rescue boat and related equipment, which will be used in the
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July 28, 1992
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event of flooding, or for rescue in the lakes, rivers and streams
of the County; and
WHEREAS, through this gift to the Catawba-Mason Cove
Rescue Squad, the Roanoke Moose Lodge has demonstrated its
generosity and community service orientation.
NOW, THEREFORE, BE IT RESOLVED, that the Board of
Supervisors of Roanoke County, Virginia, on its own behalf and on
behalf of the citizens of the Mason Cove/Bradshaw area of the
County, expresses deepest appr:eciation and thanks to the ROANOKE
MOOSE LODGE NO. 284 and its membership for the support and
benevolence which it has shown to Roanoke County.
On motion of Supervisor Eddy to adopt the resolution, and
I carried by the fallowing recorded vote:
AYES: Supervisors Johnson, KOhinke, Minnix, Eddy
NAYS: None
ABSENT: Supervisor Nickens
IN RE:
NEW BUSINESS
~ Reauest for Authorization to Conduct sanitary
Sewer Evaluation/Rehabilitation (SSE/R) proaram
on PrivatelY Owned· Sewer Facilities. (Clifford
Craia, utility Director)
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A-72892-2
Mr. Craig repQrted that the 'SSE/R Program was approved in
1986 to reduce the amount of infiltration and inflow into the
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July 28, 1992
sanitary sewer system.
Following the April 1992 flooding,
residents in the Penn Forest area experienced difficulty with
back up from the sanitary sewer system into their homes.
staff
believes the cause is improper discharge of stormwater into the
system which could be addressed by a private SSE/R program. Mr.
craig advised that (1) private facilities will be inspected only
after completion of the public portion of the program in their
area; (2)
Property owners will received written notification
prior to scheduling the inspection and will be asked to sign a
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form giving permission for the inspection; (3)
Inspections of
the interior portion of any building will only be conducted in
the presence of the homeowner or designee; and (4) All
inspections will be performed by County employees carrying proper
identification. Mr. Craig offered four options for handling the
Private SSE/R Program.
He further explained that the penalties
in the Roanoke County Code for discharge of stormwater into the
sewer system include fines of up to $1,00~ per day and/or
confinement in jail for not more than 12 months.
staff recommended that the Board authorize staff to conduct
the program using the procedures Mr. Craig outlined and that the
,property owners be given six months to correct illegal facilities
before enforcement action is taken.
Mr. Hodge, however,
recommended proceeding with testing for 90 days after which the
staff would bring back a report and recommendation to the Board,
who could decide at that time whether to take enforcement action.
Supervisor
Johnson
moved
to
the
staff
approve
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July 28, 1992
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recommen a owever, members of the Board expressed concern
about the strict penalties. Supervisor Johnson withdrew his
motion. Supervisor Kohinke moved to approve the staff
recommendation and that the problems should be reevaluated in 90
days. Supervisor Johnson asked the County Attorney what the
county's liability could be. Mr. Obenshain advised that County
would not be liable because it did not set up the illegal sewer
line. Supervisor Minnix recommended that the penalties should
be established immediately after the 90 days testing.
Supervisor Johnson offered a substitute motion to authorize
staff to go forward with testing and report back in 90 days, and
that there be no enforcement of fines levied during that time.
The motion carried by the following recorded vote:
AYES: Supervisors Johnson, Kohinke, Minnix, Eddy
NAYS: None
ABSENT: Supervisor Nickens
~ Reauest for Fundina for the Roanoke Reaional
Housina strateay. (Terry Harrinaton. P1annina ,
Zonina Director)
A-72892-3
Mr. Harrington advised that Roanoke County has actively
participated in the formation and operation of the Roanoke
Regional Housing Network, comprised of representatives from
Roanoke County, Salem, Roanoke City and over 20 other regional
agencies and associations. The Network is currently involved in
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July 28, 1992
a proposal to invite the Enterprise Foundation to the Roanoke
Valley to undertake an assessment of the Valley's affordable
housing needs. The cost is $10,000 plus travel. The Network has
requested that each locality contribute $2,000 toward the cost.
Mr. Harrington recommended that the Board appropriate $2,000 from
the Board Contingency Fund for this request.
Supervisor Johnson moved to approve funding of $2,000
from the Board Contingency Fund. The motion carried by the
following recorded vote:
AYES: Supervisors Johnson, KOhinke, Minnix, Eddy
NAYS: None
ABSENT: Supervisor Nickens
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Reauest for Appropriation
from Millard Trussell.
Administrator)
of Donation Received
(Elmer Hodae. County
A-72892-4
There was no discussion.
Staff recommended that Mr.
Trussell's donation be set up in a special account, and that the
Employee Advisory Committee review and make a recommendation on
the possible use of the contribution.
Supervisor Kohinke moved to approve the staff
recommendation. The motion carried by the following recorded
vote:
AYES:
NAYS:
Supervisors Johnson, Kohinke, Minnix, Eddy
None
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July 28, 1992
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ABSENT:
Supervisor Nickens
IN RE:
REQUESTS FOR WORK SESSIONS
~ Reauest for Work Session on Auaust 11, 1992, to
Review utility proiects in the Capital Improvement
Proaram.
A work session was set for August 11, 1992.
~ Reauest for Work session on Auaust 11, 1992. on
Expansion of the Sewaae Treatment Plant.
A work session was set for August 11, 1992.
IN RE:
REOUEST FOR PUBLIC HEARING AND FIRST READING OF
REZONING ORDINANCES - CONSENT AGENDA
Supervisor Johnson moved to approve the first reading
of the ordinances and set the public hearing for August 25, 1992.
The motion carried by the following recorded vote:
AYES: Supervisors Johnson, Kohinke, Minnix, Eddy
NAYS: None
ABSENT: Supervisor Nickens
~ An Ordinance to Amend Proffered Conditions on a
0.685 Acre Tract Zoned M-1 to Allow Automobile
Repair and Wholesale Storaae Warehouses, Located
at 2730 Peters Creek Road, Catawba Maaisterial
District, Upon the Petition of Thomas R. Hubbard.
Jr.
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July 28, 1992
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An Ordinance to Rezone ApproximatelY .25 Acre from
B-2 to B~l, Located at 5314 Fallowater Drive. Cave
Sprina Maaisterial District, Upon the Petition of
G. L. Boone and J. A. Boone.
IN RE:
FIRST READING OF ORDINANCES
~ An Ordinance Authorizina the Acauisition of
Easements and Property for the South Transmission
Line and starkey Road Water Proiects. (Clifford
craia. utility Director)
This request authorizes acquisition of easements at a cost
not to exceed 40% of the assessed value plus cost of the actual
damage, and property at a cost not to exceed the assessed value.
In response to a question from Supervisor Kohinke regarding how
many property owners have refused to cooperate, Mr. Craig advised
that most problems have been resolved and only five people still
have questions.
Supervisor Kohinke moved to approve the first reading of the
ordinance and set the second reading for August 11, 1992. The
motion carried by the following recorded vote:
AYES: Supervisors Johnson, Kohinke, Minnix, Eddy
NAYS: None
ABSENT: Supervisor Nickens
~ An Ordinance Amendina and ReadoÞtina Ordinance
71189-6 Concernina the Conveyance of 2.281 Acres
of Real Estate (Southview) to the Commonwealth of
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V1ra1n1a. by Deletina the Reversionary Provisions.
An Emeraency Measure.
(Paul Mahoney. County
Attorney)
0-72892-5
There was no discussion on this issue. Supervisor
Kohinke
moved to adopt the ordinance and waive the second reading. The
motion carried by the following recorded vote:
AYES: Supervisors Johnson, Kohinke, Minnix, Eddy
NAYS: None
ABSENT: Supervisor Nickens
ORDINANCE 72892-5 AMENDING AND READOPTING
ORDINANCE 0-71189-6 CONCERNING THE CONVEY-
ANCE OF 2.281 ACRES OF REAL ESTATE
(SOUTHVIEW) TO THE COMMONWEALTH OF VIRGINIA,
BY DELETING THE REVERSIONARY PROVISIONS
THEREOF, AN EMERGENCY MEASURE
WHEREAS, on July 11, 1989 the Board of Supervisors of
Roanoke County, Virginia adopted Ordinance 0-71189-6, which
authorized the acceptance and acquisition of 6 acres of real
estate (Southview) from the Roanoke County School Board, and
further, authorized the conveyance of 2.281 acres thereof to the
Commonwealth of Virginia for the construction of a forensics
laboratory, and,
WHEREAS, paragraph 5 of said ordinance directed that a
reversionary clause be incorporated in any deed of conveyance to
the commonwealth, and,
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July 28, 1992
WHEREAS, it ,now appears that the reversionary clause consti-
tutes an impediment to the issuance of bonds by the virginia
Public Building Authority to finance the construction of the
proposed forensics laboratory on said property, and,
WHEREAS, since the Virginia Public Building Authority
proposes to price the bonds on July 28, 1992, and to execute the
formal Bond Purchase Contract on July 29, 1992, time for
appropriate action is critical, and,
WHEREAS, upon the request of bond counsel for the Virginia
Public Building Authority and upon the assurances contained in
the preliminary official statement, it appears necessary and
appropriate to authorize the removal of the reversionary clause
from the original deed, and,
WHEREAS, the first reading of this ordinance was held on
July 28, 1992, and since an emergency exists, that the second
reading of this ordinance be dispensed with, in accordance with
Section 18.04 of the Roanoke County Charter.
BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1.
That Ordinance 0-71189-6
is hereby amended and
readopted, by the deletion of paragraph 5 of said ordinance, said
paragraph reading as follows:
That if the Commonwealth of Virginia ceases to utilize
said property for a forensics laboratory, then said
property shall revert to the county. Further, if the
Commonwealth does not commence construction of a foren-
sics laboratory facility on this property by June 30,
1993, then said property shall revert to the County.
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e conveyance of 2.281 acres of real estate to
the Commonwealth of Virginia for the purpose of constructing a
forensics laboratory is hereby authorized and approved.
3. That the County Administrator is hereby authorized to
execute and deliver a deed of correction removing the
reversionary clause contained in the original deed, and such
other documents and take such actions as may be necessary ~ to
accomplish this transaction, all of which shall be on form
approved by the County Attorney.
4. That an emergency exists requiring the immediate
adoption of this ordinance, dispensing with the second reading
thereof. This ordinance shall take effect upon adoption.
On motion of Supervisor Kohinke to adopt the ordinance and
waive the second reading, and carried by the following recorded
vote:
AYES:
NAYS:
ABSENT:
IN RE:
Supervisors Johnson, Kohinke, Minnix, Eddy
None
Supervisor Nickens
SECOND READING OF ORDINANCES
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Ordinance authorizina the conveyance
easement to Appalachian Power Company.
Chambliss, Assistant County Administrator)
of an
(John
0-72892-6
adopt
There was no discussion.
the ordinance. The motion
Supervisor Johnson moved to
carried by the following
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July 28, 1992
recorded vote:
AYES:
Supervisors Johnson, Kohinke, Minnix, Eddy
NAYS:
None
ABSENT:
Supervisor Nickens
ORDINANCE 72892-6 AUTHORIZING THE CONVEYANCE OF AN
EASEMENT TO APPALACHIAN POWER COMPANY
BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That pursuant to the provisions of Section 16.01 of the
Charter of Roanoke County, the subject property has been declared
to be surplus and is being made available for other public uses,
i.e~ an electric line easement; and
2. That pursuant to the provisions of Section 18.04 of the
Charter of Roanoke County, a first reading concerning the
disposition of the subject property was held on July 14, 1992; a
second reading was held on July 28, 1992; and
3. That the electric line easement across property owned
by Roanoke County (Stonebridge Park) for Appalachian Power
Company upgrades the power lines to the East Vinton Plaza; and
5. That the proceeds from the sale of the easement are to
be allocated to the capital reserves of Roanoke County; and
6. That the offer of the Appalachian Power Company of One
Dollar ($1.00) for the easement is hereby accepted and all other
offers are rejected; and
7. That the County Administrator is authorized to execute
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take such actions on behalf of Roanoke County
as are necessary to accomplish the conveyance of said easement,
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all of which shall be upon form approved by the County Attorney.
On motion of Supervisor Johnson to adopt the ordinance, and
carried by the following recorded vote:
AYES:
Supervisors Johnson, Kohinke, Minnix, Eddy
NAYS:
None
ABSENT:
Supervisor Nickens
IN RE:
APPOINTMENTS
~ Community Corrections Resources Board
Supervisor Eddy nominated Mrs. Chris pickard to another
one-year term as an alternate. Her term will expire August 13,
1993.
~ Hiahway and Transportation Safety Commission
Supervisor Minnix nominated Glen Siverling and Robert
Johnson to serve four-year terms. These terms will expire June
30, 1996.
IN RE:
CONSENT AGENDA
Supervisor Johnson moved to adopt the Consent Agenda.
The motion carried by the following recorded vote:
AYES:
Supervisors Johnson, KOhinke, Minnix, Eddy
NAYS:
None
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July 28, 1992
ABSENT:
Supervisor Nickens
RESOLUTION 72892-7 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 July 28, 1992, 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 6, inclusive~ as follows:
1. Confirmation of Committee Appointments to Parks
and Recreation Advisory Commission and Roanoke
Valley Regional Solid Waste Management Board.
2. Approval of Raffle Permit and One-Time Bingo Game
from Penn Forest Elementary School P.T.A.
3.
Request to Accept Grant
Library and Archives for
Service for County Library.
from Virginia state
VLIN Online Database
4. Request for Appropriation of $675 to the School
Grant Fund for a Transition Program Support Mini-
Grant.
5. Acknowledgement of Acceptance of 0.60 Miles of
Edgebrook Road into the Secondary system by the
Virginia Department of Transportation.
6.
Approval of Resolution Opposing
Legislation Concerning the Reporting or
Taxes to the Federal Government.
Federal
Property
2. That the Clerk to the Board is hereby authorized
and directed where required by law to set forth upon any of said
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a u a 10n for any such 1tem pursuant to
this resolution.
On motion of Supervisor Johnson to adopt the Consent
Resolution, and carried by the following recorded vote:
AYES: Supervisors Johnson, Kohinke, Minnix, Eddy
NAYS: None
ABSENT: Supervisor Nickens
RESOLUTION 72892-7.f OPPOSING FEDERAL LEGISLATION CONCERNING
THE REPORTING OF PROPERTY TAXES TO THE FEDERAL GOVERNMENT
WHEREAS, a Bill has been approved by the Ways and Means
Committee of the United states House of Representatives, and is
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currently being considered by the full House, which would require
state and local governments to itemize property tax bills in
order to distinguish deductible taxes from non-deductible fees;
and
WHEREAS, the Bill would further require that state and local
governments prepare IRS 1099 forms for all taxpayers, and to mail
those forms both to the taxpayers and to the Internal Revenue
Services; and
WHEREAS, the information is currently available to the
Internal Revenue Service on a case-by-case basis during an audit
of an individual taxpayer; and
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WHEREAS, the cost of changing computer systems to separate
the information into the required categories, and the additional
cost of preparing and mailing these forms would be an
unnecessary, unfair and burdensome cost on each local government
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July 28, 1992
and its taxpayers.
NOW, THEREFORE, BE IT RESOLVED, that the Board of
Supervisors of Roanoke County, Virginia does hereby strongly
object to the proposed bill, introduced by Rep. William Coyne (D-
Pa), and urges its representatives in Congress to work for its
defeat; and
FURTHER, BE IT RESOLVED, that copies of this resolution be
transmitted immediately to the Honorable John Warner, the
Honorable Charles Robb, the Honorable Jim Olin and the Honorable
Rick Boucher.
On motion of supervisor Johnson to adopt the resolution, and
carried by the following recorded vote:
AYES: Supervisors Johnson, KOhinke, Minnix, Eddy
NAYS: None
ABSENT: Supervisor Nickens
IN.RE: REPORTS AND INQUIRIES OF BOARD MEMBERS
Supervisor Johnson: He reported on the Audit Committee
Meeting and announced that a five-year contract has been awarded
to Peat Marwick.
IN RE:
REPORTS
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Supervisor Johnson moved to receive and file the
following reports. The motion carried by a unanimous voice vote I
with Supervisor Nickens absent.
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1.
General Fund Unappropriated Balance
Capital Fund Unappropriated Balance
Board Continaency Fund
Accounts Paid - June 1992
1991 Water proiects
Smith Gap Landfill
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IN RE:
RECESS
At 4:20 p.m., Chairman Eddy declared a recess.
RECONVENEMENT
At 4:30 p.m., Chairman Eddy reconvened the meeting.
IN RE:
IN RE:
WORK SESSION
~ Final Review of the Zonina Ordinance.
Planning and Zoning Director Terry Harrington reported that
the remaining issues regarding the proposed zoning ordinance are
concerns from the Roanoke Regional Homebuilders Association and
suggestions offered by Board Chairman Lee Eddy. One of the issues
from the Homebuilders Association was their opposition to the
separation of the approval process for the text and the maps.
However, the Planning Commission supports the separation.
Supervisor Eddy suggested approving the text, but setting the
effective date when the maps are ready . Supervisor Kohinke
advised he would like to change the setback requirements on
Blacksburg Road, and is still concerned about the three acre
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July 28, 1992
minimum lot size in AG-3 zoning. Supervisor Johnson expressed
support for approving the zoning ordinance but not implementing
it until the maps are complete.
The Board reviewed Supervisor Eddy's suggested changes and
agreed with points 7, 9, 10 and 13 as outlined in his memorandum.
It was the Board's consensus to adopt the zoning ordinance
at the August 25, 1992 meeting with implementation to be
effective on December 31, 1992. There are issues still pending
such as lot sizes and lot sizes for townhouses. Mr. Harrington
will present to the Board at the August 25, 1992 meeting an
addendum which will include the changes resulting from the work
sessions which have been held.
IN RE: EXECUTIVE SESSION
At 5:50 p.m., Supervisor Minnix moved to go into
Executive Session pursuant to the Code of Virginia section 2.1-
344 A (3) to consider the acquisition of real estate and (7) for
consultation with legal counsel pertaining to actual or probable
litigation: (a) Conner v. McGraw, et al and (b) Robertson v.
Holt, et ale The motion carried by the following recorded vote:
AYES: Supervisors Johnson, Kohinke, Minnix, Eddy
NAYS: None
ABSENT: Supervisor Nickens
IN RE:
CERTIFICATION OF EXECUTIVE SESSION
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R-72892-8
At 7: 04 p. m, Supervisor Johnson moved to return to
Regular Session and adopt the Certification Resolution. The
motion carried by the following recorded vote:
AYES: Supervisors Johnson, Kohinke, Minnix, Eddy
NAYS: None
ABSENT: Supervisor Nickens
RESOLUTION 72892-8 CERTIFYING EXECUTIVE MEETING WAS
HELD IN CONFORMITY WITH THE CODE OF VIRGINIA
WHEREAS, the Board of Supervisors of Roanoke County,
Virginia has convened an executive meeting on this date pursuant
to an affirmative recorded vote and in accordance with the
provisions 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
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
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July 28, 1992
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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: Supervisors Johnson, Kohinke, Minnix, Eddy
NAYS: None
ABSENT: Supervisor Nickens
INRE:
PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND AWARDS
~ Presentation by Virainia Amateur Sports.
Mr. Kenneth King, Chairman, Virginia Amateur Sports
Board of Directors, presented plaques of appreciation to Marcia
Patton, John Chambliss and the County of Roanoke for their
contributions to the success of the Virginia Amateur Sports games
held earlier in the year.
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IN RE:
PUBLIC HEARINGS
~ PUblic Hearina on the Department of Transportation
Secondary Road System six Year Construction Plan
for Fiscal Year 1992-93. (Arnold Covey.
Enaineerina & Inspections Director)
R-72892-9
One citizen spoke. Darrell Brarg;tetter, 6613 Sylvan
Brook Road, presented a map to the Board with recommended changes
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~o ~a~~ oaK Dr1ve. Cha1rman Eddy d1rected that staff review this
road for possible inclusion in the next six year plan.
Supervisor Kohinke moved to
adopt the
funding
resolution. The motion carried by the following recorded vote:
AYES: Supervisors Johnson, KOhinke, Minnix, Eddy
NAYS: None
ABSENT: Supervisor Nickens
RESOLUTION 72892-9 APPROVING AND THE ADOPTION OF THE FUNDING
OF THE SECONDARY ROAD SYSTEM SIX-YEAR CONSTRUCTION PLAN FOR
FISCAL YEAR 1992-93
WHEREAS, a public hearing was held on July 28, 1992, to
receive comments on the adoption of the funding for the Secondary
Road System Six-Year Construction Plan for Roanoke County for
Fiscal Year 1992-93; and
WHEREAS, The Board does hereby approve the adoption of
the funding for the Secondary Road System Six-Year Construction
Plan for Roanoke County for Fiscal Year 1992-93 as set out on the
attached construction program allocations.
NOW, THEREFORE, BE IT RESOLVED that a copy of this
resolution duly attested be forthwith forwarded to the Virginia
Department of Transportation Salem Residency Office along with a
duly attested copy of the proposed Secondary Road System Six-Year
Construction Plan for Roanoke County for Fiscal Year 1992-93 by
the Clerk to the Board.
On motion of
Supervisor Kohinke to adopt
the
resolution, and carried by the following recorded vote:
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July 28, 1992
AYES: Supervisors Johnson, KOhinke, Minnix, Eddy
NAYS: None
ABSENT: Supervisor Nickens
~ A Resolution Authorizina a Special Use Permit to
Operate a Sanitary Fill stump Dump and Inert
Material Landfill on a 74.86 Acre Tract, Located
on the East Side of Merriman Road. Cave Sprina
Maaisterial District. Upon the Petition of Joe
Bandy , Son. Inc. (Terry Harrinaton. Plannina and
Zonina Director) (PETITIONER HAS REOUESTED A
CONTINUANCE UNTIL AUGUST 25. 1992)
Mr. Harrington advised that Mr. Bandy has requested
that this issue be deferred to August 25, and that he is revising
his request and will limit it to modify only the buffering
requirements. The matter will be referred back to the Planning
Commission.
The following citizens spoke in opposition to Mr. Bandy's,
original request.
1. Marlin H. Thompson, Route 2, Box 167, Boones
Mills, Va
2. Iris Moye, Route 1, Boones Mills, Va
Supervisor Minnix moved to refer the matter back to the
Planning Commission. The motion carried by the following
recorded vote:
AYES:
Supervisors Johnson, Kohinke, Minnix, Eddy
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July 28, 1992
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NAYS:
None
ABSENT:
Supervisor Nickens
Supervisor Johnson asked that staff inspect the dump more
frequently in the ßuture.
IN RE:
PUBLIC HEARING AND SECOND READING OF. ORDINANCES
~ An Ordinance amendina and readoptina Article I "In
General" of Chapter 21. "Taxation" of the Roanoke
County Code by the Addition of a New Section 21-8
"Administrative Fees for Tax Collection by Leaal
Action."
(Alfred C. Anderson, County Treasurer)
0-72892-10
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II question from Supervisor Minnix, Mr. Anderson advised that less
than one percent are delinquent in their taxes.
There were no citizens present to speak.
In response to a
Supervisor Kohinke moved to adopt the ordinance. The
,
motion carried by the following recorded vote:
AYES:
Supervisors Johnson, Kohinke, Minnix, Eddy
NAYS:
None
ABSENT:
Supervisor Nickens
ORDINANCE 72892-10 AMENDING AND READOPTING
ARTICLE I "IN "GENERAL," OF CHAPTER 21
"TAXATION" OF THE ROANOKE COUNTY ·CODE BY THE
ADDITION OF A NEW SECTION 21-8
"ADMINISTRATIVE FEES FOR TAX COLLECTION BY
LEGAL ACTION"
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WHEREAS, section 58.1-3958 of the Code of Virginia, 1950, as
amended, authorizes a local governing body to' impose on
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July 28, 1992
delinquent taxpayers a fee to cover administrative costs
associated with the collection of delinquent taxes; and,
WHEREAS, the Treasurer of Roanoke County has recommended
that the Board of Supervisors adopt such an ordinance; and,
WHEREAS, the Board hereby determines that the adoption of
this ordinance is in the public interest since it places a
portion of the costs of collection upon those individuals
requiring such collection actions; and
WHEREAS, the first reading of this ordinance was held on
July 14, 1992; and the second reading and public hearing was held
on July 28, 1992.
BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1) That Article I. "IN GENERAL" of Chapter 21. "TAXATION"
of the Roanoke County Code, is hereby amended and readopted by
the addition of a new section as follows:
Section 21-8. Administrative Fees for Tax Collect'ion bv Leqal
Action
There is hereby imposed upon the person or persons owing any
tax levied by the County a fee to cover the administrative costs
associated with the collection of delinquent taxes.
This fee
shall be in the amount of Twenty ($20.00) Dollars for taxes
collected subsequent to the filing of a warrant or other
appropriate legal document but prior to judgment, and Twenty-Five
($25.00) Dollars for taxes collected subsequent to judgment.
Such fee shall be in addition to all penalties and interest.
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July 28, 1992
442
Nothing in this ordinance shall foreclose the County's
coLlection of additional or higher fees and costs, where allowed
by general law of the Commonwealth.
2) That the effective date of this ordinance shall be from
and after July 28, 1992.
On motion of Supervisor Kohinke to adopt the ordinance, and
carried by the following recorded vote:
AYES:
Supervisors Johnson, Kohinke, Minnix, Eddy
NAYS:
None
ABSENT:
Supervisor Nickens
~ An Ordinance to rezone .9 acre from M-2 to R-1 to
Allow Continuation and Expansion of an Existina
Residential Use. Located at 4616 Lavman Road.
Hollins Maaisterial District, UDon the Petition of
Martha C. Chinault.
(Terry Harrinaton. Planninq
and Zonina Director)
0-72892-11
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, Minnix, Eddy
NAYS:
None
ABSENT:
Supervisor Nickens
ORDINANCE 72892-11 TO CHANGE THE ZONING
CLASSIFICATION OF A . 9 ACRE TRACT OF REAL
ESTATE LOCATED AT 4616 LAYMAN ROAD (TAX MAP
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NO. 40.04-1-58) IN THE HOLLINS" MAGISTERIAL
DISTRICT FROM THE ZONING CLASSIFICATION OF M-
2 TO THE ZONING CLASSIFICATION OF R-1 UPON
THE APPLICATION OF MARTHA C. CHINAULT
WHEREAS, the first reading of this ordinance was held on
June 23, 1992, and the second reading and pUblic hearing was held
July 28, 1992; and,
WHEREAS, the Roanoke County Planning Commission held a
public hearing on this matter on July 7, 1992; and,
WHEREAS, legal notice and advertisement has been provided as
required by law.
BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That the zoning classification of a certain tract of
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real estate containing .9 acre, as described herein, and located
at 4616 Layman Road, (Tax Map Number 40.04-1-58) in the Hollins
Magisterial District,
is hereby changed from the zoning
classification of M-2, General Industrial District, to the zoning
classification of R-1, Single Family Residential District.
2. That this action is taken upon the application of
Martha C. Chinault.
3. That said real estate is more fully described as
follows:
Beginning at a point in the center line of
Glade Creek at a point where same intersects
the northerly right-of-way line of State
Route No. 606 and said point being 25 feet
north of the said center line of State Route
No. 606; thence running along the northerly
right-of-way line of Route No. 606 and being
25 feet north and parallel to the said center
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July 28, 1992
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line of same a distance of 440 feet, more or
less, to a point where said highway right-of-
way line intersects the easterly right-of-way
line of the N&W Railway Company and said
point being 40 feet east of the said center
line of the easternmost track; thence along
the easterly right-of-way line of said
railway company 40 feet east and pàrallel to
the center line of the 'easternmost track 130
feet, more or less, to a point in said right-
of-way line where same intersects the center
line of Glade Creek; thence leaving the
railway company's right-of-way line and
running down the center line of Glade Creek
305 feet, more or less, with the meanders
thereof to a point in center line of Glade
Creek where same intersects the northerly
right-of-way line of Route No. 606, the point
of Beginning, and containing 0.90 acre, more
or less.
4. That this ordinance shall be in full force and effect
thirty (30) days after its final passage. All ordinances or
parts of ordinances in conflict with the provisions of this
ordinance be, and the same hereby are, repealed.
On motion of Supervisor Johnson to adopt the resolution, and
carried by the following recorded vote:
AYES:
Supervisors Johnson, KOhinke, Minnix, Eddy
NAYS:
None
ABSENT:
Supervisor Nickens
IN RE:
ADJOURNMENT
At 7:50 p.m., Supervisor Johnson moved to adjourn. The
motion carried by a unanimous voice vote with Supervisor Nickens
absent.
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