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HomeMy WebLinkAbout10/27/1992 - Regular ~ I I ~ - ----.- _.,-_..._---~---- ".--.-.- --- ~._-- - ...- -.'---. -----_._--~ _. . ~_._.____. n·____._~___.".____.__. ___~ '_ r\' October 27, 1992 80 u Roanoke County Board of Supervisors Roanoke County Administration Center 3738 Brambleton Avenue, S.W. Roanoke, virginia 24018 October 27, 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 October, 1992. IN RE: CALL TO ORDER Chairman Eddy called the meeting to order at 3:00 p.m. The roll call was taken. MEMBERS PRESENT: Chairman Lee B. Eddy, Vice Chairman Edward G. KOhinke, Sr., Supervisors H. Odell "Fuzzy" Minnix, Harry C. Nickens MEMBERS ABSENT: Supervisor Bob L. Johnson STAPP PRESEN'l': Elmer C. Hodge, County Administrator; Paul M. Mahoney, County Attorney; Brenda J. Holton, Deputy Clerk; John M.· Chambliss, Assistant - County Administrator; Don M. Myers, Assistant· County Administrator; Anne Marie Green,. Information Officer ~ ".. 801 October 27, 1992 ~ ~ IN RE: OPENING CEREMONIES The invocation was given by the Reverend R. Michael Meloy, windsor Hills United Methodist Church. The Pledge of Allegiance was recited by all present. IN RE: REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OP AGENDA ITEMS Chairman Eddy added Executive Session Item 2.1-344 (a) (3) discussion of disposition of publicly held real estate. IN RE: NEW BUSINESS h Annual Report from the Mental Health Services of thel Roanoke Valley. (Rita Gliniecki. MHSRV) The annual report was presented by Rita Gliniecki, Roanoke County's appointee to the Mental Health Service of the Roanoke Valley Board of Directors. Mrs. Anna McDaniel, citizen, spoke on the benefits of the services for her family. Dr. Fred Roessel, Executive Director, MHSRV, was also present~ h Reconsideration.· of ReQUest to Upqrade the Hewlett Packard Computer Svstem.(Oscar Bryant. Director. MIS) A-102792-1 Supervisor Nickens moved to reconsider the request. tQ The motion carried by the fOnOWingl upgrade the computer system. recorded vote: I I ~ October 27, 1992 80 a ~ AYES: NAYS: ABSENT: Supervisors KOhinke, Minnix, Nickens, Eddy None Supervisor Johnson Mr. Bryant advised that new computer equipment' with twice the power can now be purchased at 25% of the cost of the current equipment and there is an additional savings of approximately $620 per month for hardware and software maintenance. There would be no additional funds required in the current year, with a total of $119,641 included in future budget requests. Mr. Bryant advised that the number of users on the system has grown from 50 in 1990 to 110 in 1992. This causes limitations to be placed on the number of concurrent users to assure adequate response, and some users àre requested to sign off to allow access for critical applications. Supervisor Nickens moved to approve replacement of the current Hewlett Packard System after taking advantage of trade-ins offered by HP with the balance of $100,297 appropriated from the current unappropriated fund balance. The motion carried by the following recorded vote: AYES: Supervisors Kohinke, Minnix, Nickens, Eddy NAYS: None ABSENT: Supervisor Johnson Following the disposition of the last item of New Business, Mr. Hodge requested that the Board reconsider this item to clarify the appropriation necessary for replacement. Ms. Reta Busher, Director of Management & Budget, advised that HP requires that the current lease ~ ".. 80 3 v October 27, 1992 ~ be paid off to take advantage of the trade-in opportunity. Supervisor Nickens amended his motion to change the amount appropriated from the current unappropriated fund balance to $126,281 which would include payoff of the current lease purchase. The motion carried by the following recorded vote: AYES: Supervisors Kohinke, Minnix, Nickens, Eddy NAYS: None ABSENT: Supervisor Johnson h Reauest to NotifY Property Owners of Proposed Zoninq Map Chanqes. (Terry Harrinqton. Director. Planninq & z~i~) I Mr. Harrington advised that due to the potential impact on property owners, it has been suggested that each County property owner be notified by mail of the proposed zoning map changes. There are approximately 39,000 parcels of real estate in the County. It is estimated that the cost for the mailing and additional part-time staff would be approximately $14,50Ò, and funds could be allocated from the unappropriated fund balance. Mr. Harrington discussed six options for providing this notification to the property owners. These were (1) General notice before adoption; (2) General notice after adoption; (3) Old and new zoning (all owners) 100%; (4) Old and new zoning (affected owners) 60%; (5) New zoning after adoption (100%); and (6) No direct. notice. staff recommends option (5) which would not delay the zoning maps, and II is estimated to be done February, 1993. ~ ~ October 27, 1992 804 Supervisor Nickens moved to table the item. The motion was withdrawn with no vote in order to allow further discussion. Supervisor Kohinke moved to table the item. The motion carried by the following recorded vote: AYES: Supervisors Kohinke, Minnix, Nickens, Eddy NAYS: None ABSENT: Supervisor Johnson h. ReQUest Franklin for Approval of Mutual Aid County. (Thomas C. FUQUa. Aqreement with Chief. Fire & Rescue) A-102792-2 I Chief Fuqua advised that there has been a long-standing verbal agreement between Roanoke County and Franklin county to provide fire and rescue response upon request. Since Roanoke County has set a goal of obtaining a written mutual aid agreement with all surrounding localities, he requested approval of a written mutual aid agreement between Roanoke county and Franklin County. Supervisor Kohinke moved to approve the mutual aid agreement. The motion carried by the following recorded vote: AYES: Supervisors KOhinke, Minnix, Nickens, Eddy NAYS: None' ABSENT: Supervisor Johnson II h Reauest to Imnlement the Comprehensive services Act and Authorize and Appoint members to the ~ ".. 5 ¡;.~ ,~ 80 October 27, 1992 (John ~ Mul ti iurisdictional Policy and Manaqement Team. Chambliss. Assistant County Administrator) A-102792-3 Mr. Chambliss advised that the 1991 Session of the General Assembly adopted the "Comprehensive Services Act for At-Risk Youth and Families" which is intended to create a collaborative system of services and fundings that is child-centered, family-focused and community-based. The Act requires that each communi ty establish a policy and management team to receive the funds. The Act is mandated by the State and the actual operating budget appropriation will be made in June, 1993. Mr. Chambliss advised that although the intent was fori Roanoke County and the City of Salem to establish a multi- jurisdictional policy and management team, the City of Salem now advises that they will establish their own team. Mr. Chambliss requested that the team's name be changed to Roanoke County's Policy and Management Team instead of the Multi-Jurisdictional pOlicy and Management Team. Mr. Chambliss requested that the following persons be appointed to the team: Dr. Betty McCrary, Dr. Margaret Hagan, Michael Lazzuri, Melissa Hays-Smith, Chief John Cease, Dr. Eddie Kolb, Diane Hyatt, Joe Obenshain, Jerry L. Canada, Herb Beskar, John Chambliss, ( Jr., Beverly Waldo, and Kathy Fusco. Supervisor Eddy moved to establish the team, appoint the County's representation, and change the title to County's Policy and II Management Team. The motion carried by the fOllowing recorded vote: ~ ~ nu." ._. __._ October 27, 1992 : 80 6 c~ AYES: Supervisors Minnix, Nickens, Eddy NAYS: ABSENT: Supervisor Kohinke Supervisor Johnson ~ Reauest for Approval of Chanqe Order No. 9 and Associated Enqineerinq Costs for the SDrinq Hollow Reservoir contract. (Clifford Craiq. utility Director) A-102792-4 Mr. Craig requested approval of Change Order No. 9 in the amount of $1,186,843.40 for material and construction required for the reservoir grouting, and $79,000 for engineering services. There was no discussion. II Supervisor Nickens moved to approve Change order No.9. The motion carried by the following recorded vote: AYES: Supervisors Kohinke, Minnix, Nickens, Eddy NAYS: None ABSENT: Supervisor Johnson L.. Reauest for Desiqnation of Votinq Deleqate for . the Virqinia Association of counties' Business Meetinq. November 10. 1992. (Elmer C. Hodqe. County Administrator> A-102792-S II Mr. Hodge requested that the Board designate a member to serve as voting delegate é!-t the Virginia Association of Counties' business meeting on November 10, 1992. This designation needs to be ....1 ".. 80 1·~ October 27, 1992 ~ returned to VACo by November 1, 1992. Supervisor Nickens moved to designate Supervisor Minnix as voting delegate and Supervisor Kohinke as alternate. The motion was withdrawn with no vote. Supervisor Kohinke moved to designate Supervisor Minnix as voting delegate, and Mr. Hodge as alternate. The motion carried by the following recorded vote: AYES: Supervisors Kohinke, Minnix, Nickens, Eddy NAYS: None ABSENT: Supervisor Johnson h Request from Conqressman Boucher for County ADDointee I to Serve on the Not-for-Profi t Corporation Southwest DeveloDment Financinq. Inc. (Elmer c. Hodge. County Administrator) A-102792-6 Mr. Hodge advised that Congressman Boucher had requested the appointment of either an elected official. or a member of the County staff to serve on the Southwest Development Financing, Inc., a not- for-profit corporation to make available low-interest loans for local tourism development purposes. The corporation will be controlled by the 23 counties and cities in the Ninth Congressional District. Supervisor Nickens moved to designate Timothy R. Gubala, Director, Economic Development as the County's appointee on the Southwest Development Financing, Inc. Supervisor Kohinke expressed II his desire to bè appointed because he now lives in the Ninth District. ~ ~ October 27, 1992 80 8 Supervisor Nickens withdrew his motion with no vote. Supervisor Kohinke moved to designate Supervisor Kohinke as the County's appointee to serve on the Southwest Development Financing, Inc. The motion carried by the following recorded vote: AYES: Supervisors KOhinke, Minnix, Nickens, Eddy NAYS: None ABSENT: Supervisor Johnson IN RE: REQUESTS FOR WORK SESSIONS h Request for Work Session on November 17. 1992 to Discuss the 1993-94 Budqet Process. I Supervisor Nickens moved to set the work session for November 17, 1992. The motion carried by a unanimous voice vote with Supervisor Johnson absent. I IN RE: REQUEST FOR PUBLIC HEARING AND FIRST READING OF REZONING ORDINANCES - CONSENT AGENDA Supervisor Nickens moved to approve the first reading an~ set the second reading for November 17, 1992. The motion carried by the following recorded vote: AYES: Supervisors Kohinke, Minnix, Nickens, Eddy NAYS: None ABSENT: Supervisor Johnson ....1 ".. o 9 ~.. 8. h October 27, 1992 An Ordinance to Eliminate conditions on a 1.19 Acre~ Parcel Zoned M-l Conditional. Located at 6560 Commonwealth Drive. Cave sDrinq Maqisterial District UDon the Petition of Carlen controls. Inc. h An Ordinance to Rezone 4.65 Acres from M-2 to A-l to Construct a Church. Located at 8364 Bent Mountain Road. windsor Hills Maqisterial District. UDon the Petition of Back Creek BaDtist Fellowship. h An Ordinance to Rezone ADDroximatelY 15.38 Acres from M-2 to B-2 and Obtain a SDecial Exception Permit to ODerate a Golf Drivinq Ranqe and Golf Learninq Center Located on the East Side of Hollins Road and North of Carvin creek. Hollins Maqisterial District. UDon the Petition of Wayne Hollev. IN RE: SECOND READING OP ORDINANCES h An Ordinance Authorizinq the convevance and/or I of Real Estate or AcceDtance of certain Parcels Easements in Connection with the Hollins community DeveloDment proiect. (Paul Mahoney. County Attorney) 0-102792-7 There was no discussion and no citizens spoke on the ordinance. Supervisor Kohinke moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors KOhinke, Minnix, Nickens, Eddy NAYS: None ABSENT: Supervisor Johnson ORDINANCE 10-27-92-7 AUTHORIZING CONVEYANCE AND/OR II ACCEPTANCE OP CERTAIN PARCELS OF REAL ESTATE OR EASEMENTS IN CONNECTION WITH THE HOLLINS COMMUNITY DEVELOPMENT PROJECT ~ ~ .. -----------.---- October 27, 1992 84 0''';' , .-4. WHEREAS, the Hollins Community Development Project has involved acquisition by the County of water and sewer easements and parcels of land for the road improvements, which are described by parcel number, with reference to the project plans, and by tax map number; and, WHEREAS, it is in the best interests of the individual property owners and the County to take the necessary steps, where a question arises, to resolve and clarify any discrepancies or lack of specificity by entering into the appropriate legal instruments for such purpose, which involves conveyance and/or acceptance of the respective interest in real estate. THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: I 1. That pursuant to the provisions of Section 18. 04 of the Roanoke County Charter, the acquisition and disposition of real. estate can be authorized only by ordinance. A first reading of this ordinance was held on October 13, 1992; and a second reading was held on October 27, 1992; and, 2. That with reference to the provisions of Section 16.01 of the Charter of Roanoke County, the interests in real estate to be conveyed and/or accepted are solely for purposes of resolution and clarification, and do not involve the disposition or acceptance of any additional real estate; and, I 3. That the County Administrator is hereby authorized to execute such documents and take such actions as may be necessary to convey and/or accept certain parcels of real estate or easements in order to clear any title discrepancies and to clarify legal ~ ".. .,,,"-;? " , ~\ ~ s'\ . October 27, 1992 descriptions in connection with the Hollins Community Development ~ Project, all of which shall be on form approved by the County Attorney. On motion of Supervisor Kohinke to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Kohinke, Minnix, Nickens, Eddy NAYS: None ABSENT: Supervisor Johnson h An Ordinance Authorizinq the County Administrator to Grant the Riqht to Use a County Sanitary Sewer Easement for Private Sanitary Sewer Service bv Property Owners. I (Paul Mahonev. County Attornev) 0-102792-8 Mr. Mahoney advised that at the October 13, 1992 meeting the Board asked about the possibility of seeking fair-market compensation for use of easements and rights-of-way. Mr. Mahoney reported that he. is currently surveying surrounding localities on their practices and procedures and will report back to the Board at a later date. He reminded the Board that they chose to grant this request at the first reading of the ordinance without compensation. Supervisor Kohinke moved to adopt the ordinance granting the right to use the sanitary sewer easement for private sewer service. The motion carried by the following. recorded vote: AYES: Supervisors KOhinke, Minnix, Nickens, Eddy II NAYS: None l ~ I I .~ - - -----. -.. - -- --- - ..n....·___.___ ---'-"-'---~-- --~-~--'-- -.. .:!'"'-.... October 27, 1992 8 1 2. C' ABSENT: Supervisor Johnson ORDINANCE 102792-8 AUTHORIZING THE COUNTY ADMINISTRATOR TO GRANT THE RIGHT TO USE A COUNTY SANITARY SEWER EASEMENT POR PRIVATE SANITARY SEWER SERVICE BY PROPERTY OWNERS WHEREAS, Lube Ventures Real Estate Company, L.P., a Virginia limited partnership, John J. Davis, Jr., and Jones Investment Ventures, a Virginia general partnership, are the owners of certain parcels of land located on Peters Creek Road, N.W., in the County of Roanoke, Virginia; and, WHEREAS, Roanoke County has an existing 15' sanitary sewer easement running 5' from and parallel with the northwest property lines of said parcels; and, WHEREAS, the property owners need to acquire a 10' private sewer easement within the public easement in order to provide service to the properties; and, WHEREAS, the proposed private easement does not conflict with the present or proposed County use of the existing sanitary sewer easement; and, WHEREAS, pursuant to the provisions of Section 18.04 of the Charter of Roanoke County, a first reading of this ordinance was held on October 13, 1992; and a second reading was held on October 27, 1992. THEREFORE BE IT ORDAINED by the Board of Supervisors of the County of Roanoke, Virginia as follows: 1. That pursuant to the provisions of Section 16.01 of the Charter of Roanoke County, the subj ect private easement does not ~ ,... 8 , '3 v October 27, 1992 conflict with the specified public use of the easement, the form of the real estate interest in the subject sanitary sewer easement renders it unacceptable and unavailable for other public uses, and is hereby declared to be surplus; and, 2. That conveyance to Lube Ventures Real Estate Company, L.P., a Virginia limited partnership, John J. Davis, Jr., and Jones Investment Ventures, a Virginia general partnership, of a 10' private sanitary sewer easement within the existing 15' public sanitary sewer easement, as shown upon the Easement Plat dated July 8, 1992, made by Balzer and Associates, Inc., a copy of which is attached hereto, is hereby authorized. 3. That the County Administrator is hereby authorized to execute such documents and take such actions on behalf of Roanoke I County as may be necessary to accomplish the conveyance, all of which shall be on form approved by the County Attorney. On motion of Supervisor Kohinke to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Kohinke, Minnix, Nickens, Eddy NAYS: None ABSENT: Supervisor Johnson h An Ordinance to Authorize the Acquisition of a 13.74 acre Tract of Land from Roqer E. and Sharon M. Vest. (Clifford craiq. utility Director) There was no discussion and no citizens spoke the II 0-102792-9 on ~ I I ~ -.--.---. -_._~_._--_..__.._- --------_._-------~---_._~----_.._---_...- -- -- J-.If.... October 27, 1992 81 4 ¡;) ordinance'. Supervisor Nickens moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Kohinke, Minnix, Nickens, Eddy NAYS: None ABSENT: Supervisor Johnson ORDINANCE 102792-9 AUTHORXZXNG THE ACQUISITION OP 13.74 ACRES OP REAL ESTATE FROM ROGER AND SHARON VEST, AND AN APPROPRIATXON OP PUBLIC FUNDS TJlEREPOR WHEREAS, the first reading of this ordinance was held on October 13, 1992, and the second reading of this ordinance was held on October 27, 1992,' and, WHEREAS, the Board has determined that the acquisition of this real estate is in the public interest and is necessary for the provision of public utility services, the drilling and construction of wells to provide potable water to the citizens of this portion of the County, and, WHEREAS, the Board has determined that the acquisition of this real estate may serve other incidental public purposes, namely, for the park and recreational needs of the citizens of the County. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF' SUPERVISORS OF ROANOKE COUNTY, VIRGINIA: 1) That the acquisition of that certain tract of. real estate containing 13.74 acres and identified as Tax Map No. 95.01-1-46, and located on State Route 221 from Roger E. and Sharon M. Vest is hereby authorized and approved. ....i ".. 81 5 c 2) That there is October 27, 1992 hereby appropriated the sum of $50,000.00 from~ the utility Fund for the purpose of acquiring said real estate, and for the expenses of acquisition. 3) That the County Administrator is authorized to execute such documents and to take such actions as may be necessary to accomplish the purposes of this ordinance, all upon approval as to form by the County Attorney. 4) That this ordinance shall be in full force and effect from and after October 27, 1992. On motion of Supervisor Nickens to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Kohinke, Minnix, Nickens, Eddy I NAYS: None ABSENT: Supervisor Johnson :IN RE: CONSENT AGENDA R-102792-10 Supervisor Minnix moved to adopt the Consent Resolution. The motion carried by the following recorded vote: AYES: Supervisors Kohinke, Minnix, Nickens, Eddy NAYS: None ABSENT: Supervisor Johnson RESOLUTION 102,792-10 APPROVING AND CONCURRING IN CERTAIN II ITEMS SET FORTH ON THE BOARD OP SUPÈRV:ISORS AGENDA FOR TH:IS DATE DESIGNATED AS ITEM K - CONSENT AGENDA ~ I I ~ October 27, 1992 8 1 6 .;: BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. that the certain section of the agenda of the Board of Supervisors for October 27, 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 4, inclusive, as follows: 1. Approval of Minutes - August 25, 1992, September 8, 1992, and September 22, 1992. 2. Approval of Raffle Permit from the Roanoke Moose Lodge No. 284 Fellowship Degree. 3. Approval of Raffle Permit from the Marine Corps Reserve Toys for Tots Program. 4. Authorization to Pay Legal Fees to Cover Litigation with Grumman Emergency Products, Inc. 2. That the Clerk to the Board is hereby authorized and directed where required by law to set forth upon any of said items the separate vote tabulation for any such item pursuant to this resolution. On motion of Supervisor Minnix to adopt the Consent Resolution, and carried by the following recorded vote: AYES: Supervisors Kohinke, Minnix, Nickens, Eddy NAYS: None ABSENT: Supervisor Johnson IN RE: REPORTS AND INQUIRIES OP BOARD MEMBERS Supervisor Nickens: (1) He asked if the staff had contacted ....1 ".. 811 ~ October 27, 1992 carilion Health Care system about the charges for giving the hepatitis~ vaccine as he previously requested. He also asked if the fire & rescue vol unteers were covered under the program, and Mr. Hodge advised that they were covered. He requested that staff bring back a report on the added cost to fund the vaccine from the unappropriated fund balance instead of using the volunteer's emergency funds to give the vaccine. (2) He cut up his MCI telephone calling credit card. Supervisor Kohinke: (1) He reported on the October 22, 1992 Fifth Planning District Commission meeting he attended as follows: (a) The resolution to oppose Lake Gaston Project was tabled until January. (b) Individual users will be charged for technical services. (c) The Secretary of Economic Development spoke. (d)1I They were updated on services for the community. (2) He requested feedback from the Board and a report from staff on offering childcare as a benefit to employees. Mr. Hodge will bring back a report. Supervisor Minnix: (1) He attended the VML meeting October 18 - 20, 1992, in Hampton and will share some ideas at the work session scheduled on budget. (2) He was not impressed with the book "America, What Went Wrong" which was discussed at a VML session. Supervisor Eddv: (1) He reported that he had received the bond referendum brochure in the mail today. (2) He advised that the editorial staff of the Roanoke Times & World-News had endorsed the C9unty bond referendum. (3) He advised that the first meeting of the Windsor Hills Advisory Council was held last Wednesday with 16 members. II ~ ~ I I ~ October 27, 1992 81 .;. 8 " IN RE: REPORTS Supervisor Minnix moved to receive and file the following reports. The motion carried by a unanimous voice vote with Supervisor Johnson absent. h General Fund UnaDDroDriated Balance h Capital Fund UnaPDroDriated Balance h Board Continqencv Fund ~ statement of Revenue and Expenditures as of SeDtember 30.1992. h ReDort on the 1991 Water Proiects ~ ReDort on the Roanoke Valley Resource Authori tv Solid Waste Facilities. L.. ReDort on Request from Literacv Volunteers of America for' Surplus comDuter. IN RE:EXECUTIVE SESSION At 4:50 p.m., Supervisor Nickens moved to go into Executive Session pursuant to the Code of Virginia Section 2.1-344 A (7) Consultation with legal counsel and briefings by staff members pertaining to specific litigation, water contract with the City of Roanoke; (3) To discuss the disposition of pUblicly-held real estate; and (3) To discuss the acquisi tion of real estate. carried by the following recorded vote: The motion AYES: Supervisors Kohinke, Minnix, Nickens, Eddy NAYS: None ABSENT: Supervisor Johnson ...i ".. 81 9, October 27, 1992 .~ IN RE: CERTIPICATION OF EXECUTIVE SESSION R-102792-11 At 6:45 p.m., Supervisor Nickens moved to approve the Certification Resolution. The motion carried by the following recorded vote: AYES: Supervisors Kohinke, Minnix, Nickens, Eddy NAYS: None ABSENT: Supervisor Johnson RESOLUTION 102792-11 CERTIPYING 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 ani affirmative recorded vote and iri 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 inll the motion convening the executive meeting were heard, discussed or ~ I I ~ October 27, 1992 82 0 considered by the Board of Supervisors of Roanoke County, Virginia. On motion of Supervisor Nickens to adopt the certification resolution, and carried by the following recorded vote: AYES: Supervisors Kohinke, Minnix, Nickens, Eddy NAYS: None ABSENT: Supervisor Johnson IN· RE: RECONVENEMENT Chairman Eddy reconvened the meeting at 7:00 p.m. and advised that Supervisor Nickens was absent. IN RE: PUBLIC HEARING AND SECOND READING OF ORDINANCES h Ordinance Amendinq and Reenactinq Chapter 13. Offenses- Miscellaneous. bv addinq Article II. Noise. and by Deletinq Section 13-3. Noise. of the Roanoke county Code. (Paul M. Mahonev. County Attornev) 0-102792-12 Mr. Mahoney advised that this ordinance would parallel ones recently adopted by the City of Roanoke and the Town of Vinton. The PUblic Safety Team attempted to develop the clearest and most enforceable ordinance possible to meet the concerns of the citizens. A violation of either the specific or general noise disturbance prohibi tions would constitute a Class 1 misdemeanor punishable by a maximum fine of $2,500 or by confinement in j ail for more than 12 months, or by both fine and confinement. ....1 ".. 82 1 Mr. Mahoney October 27, 1992 described the exceptions to the noise ordinance~ and the procedure for applying to the Board for a waiver. Pamela Prather. 2315 Bridle Lane, spoke in opposition to the noise ordinance because she felt that it was too all-encompassing and that a violation should not be a criminal misdemeanor. After some discussion, Supervisor Kohinke moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Kohinke, Minnix, Eddy NAYS: None ABSENT: Supervisors Johnson, Nickens ORDINANCE 102792-12 TO AMEND AND REENACT CHAPTER 13, OPFENSES-MIScELLANEOUS,~BY ADDING ARTICLE II, NOISE, AND BY DELETING SEC. 13-3, NOISE, OP THE ROANOKE COUNTY CODE I WHEREAS , excessive noise can be detrimental to the health and welfare of the citizens of Roanoke County and can degrade the quality of life which the citizens of this County seek to enjoy; and WHEREAS, the first reading of this ordinance occurred on September 22, 1992, and the second reading of this ordinance occurred on October 27, 1992. BE IT ORDAINED by the Board of Supervisors of the County of Roanoke, Virginia, as follows: 1. That Chapter 13, "Offenses-Miscellaneous" be amended and reenacted by the addition of Article II, "Noise" , as follows: sec. 13-16. Short Title. . II This Article shall be known as the "Noise Ordinance of the County ~ 1 I I ~ October 27, 1992 822- . of Roanoke, virginia." Sec. 13-17. Declaration of Policy. It is hereby declared to be the public policy of the County o~ Roanoke to promote an environment for its citizens free from excessive noise that jeopardizes their health or welfare or degrades the quality of life within Roanoke County. Sec. 13-18. Definitions. The following words and phrases, when used in this Article shall have the meaning assigned to them in this section. Emergency work shall mean work made necessary to restore property, public or private, to a safe condition following a state of emergency or a local emergency as defined by the Commonwealth of Virginia Emergency Services and Disaster Law of 1973, Chapter 3.2 of Title 44 of the Code of Virginia, 1950, as amended, or its successor, or work required to protect persons or property from immediate exposure to danger, including work performed by the Roanoke County utility Department or by public service companies when emergency inspection, repair of facilities or restoration of services is required for the immediate health, safety or welfare of the community. Motor vehicle shall mean a self-propelled vehicle including passenger cars, trucks, truck-trailers, semitrailers, campers, racing vehicles, and any motorcycles (including, but not limited to, motor scooters, mini-bikes, all-terrain vehicles and three-wheelers) as defined in § 46.2-100 of the Code of Virginia. Noise disturbance means any sound which (a) endangers or injures the safety or health of any person; (b) annoys or disturbs a ~ ".. 82 j October 27, 1992 reasonable person of normal sensitivities: or (c) endangers or injures ~ personal or real property. Person shall mean any individual, corporation, cooperative, partnership, firm, association, trust, estate, private institution, group, agency or any legal successor, representative, agent or agency thereof. Sec. 13-19. Exceptions from this Article. The provisions of this Article shall not apply to: (1) The emission of sound for the purpose of alerting persons to the existence of an emergency or to the emission of sound in the performance of emergency work; (2) Music, bells, chimes or other sounds which are emanating a church, temple, synagogue or other place of worship: II Sound generated from school or County sponsored athletic or from (3) recreational events; - (4) Sound generated by activities which are an official or approved part of any County or State approved or licensed festival or activity, provided such exemption shall terminate at 10:00 p.m.; (5) Sound generated in commercial and industrial zoning districts which are necessary and incidental to the uses permitted therein; and (6) Sound for which a variance has been granted in accordance with Sec. 13-23 of this Article. In addition to the specific prohibitions contained this II Sec. 13-20. General Prohibition. in ~ I I ~ October 27, 1992 824 Article, no person shall make, continue, permit, or cause to be made, continued or permitted any noise disturbance within the County. Sec. 13-21. specific Acts as Noise Disturbances. The following acts are' declared to be noise disturbances in violation of this Article. The acts so specified shall not be deemed to be an exclusive enumeration of those acts which may constitute a noise disturbance under Sec. 13-20 and provided that the acts so specified below may still constitute a noise disturbance under Sec. 13-20 independently of the hours of the day such acts take place. (1) Engaging in, or operating or causing to be operated any equipment used in the construction, repair, alteration or demolition of buildings, streets, roads, alleys or appurtenances thereto between the hours of 10:00 p.m. and 7:00 a.m. the following day. (2) Repairing, rebuilding or modifying any motor vehicle or other mechanical equipment or device between the hours of 10:00 p.m. and 7: 00 a.m. the following day in a manner so as to be plainly audible across property boundaries. (3) Loading or unloading trucks outdoors within 100 yards of a residence between the hours of 10: 00 p.m. and 7: 00 a.m. the following day. (4) Sounding the horn or warning device of a vehicle, except when necessary as a warning during the operation of the vehicle. (5) Operating or permitting the use or operation of any radio receiving set, musical instrument, television, phonograph or any other device for the production of sound, between the hours of ~ ".. 825 October 27, 1992 10:00 p.m. and 7:00 a.m. the following day, at a volume ~ sufficient to be plainly audible across property boundaries or through partitions common to two residences within a building or plainly audible at 50 feet from such device. (6) Using or operating a loudspeaker or other sound amplifi- cation devices in a fixed or movable position exterior to any building, or mounted upon any motor vehicle or mounted in the interior of a building with the intent of providing service to an exterior area for the purpose of commercial advertising, giving instruction, information, directions, talks, addresses, lectures, or providing entertainment to any persons or assemblage of persons on any private or public property, between the hours 10:00 p.m. and 7:00 a.m. the following day. of I (7) Using or operating any motor vehicle without factory installed mufflers or their equivalent, on any public street or road in the county or on private property wi thin a residential zoning district. (8) Using a radio receiving set, an audio cassette player, a compact disc player, or other device for the production of sound in a motor. vehicle at a volume sufficient to be plainly audible at 50 feet from such vehicle. (9) Failure to deactivate an alarm system plainly audible at 50 feet from such alarm within such reasonable time as is established by Sec 16-23 of this Code. Sec. 13-22. Penalties. A violation of any provision of this Article shall constitute I a ~ II I ~ October 27, 1992 826 .;' Class 1 misdemeanor. Each separate act on the part of the person violating this Article shall be deemed a separate offense, and each day a violation is permitted to continue unabated shall constitute a separate offense. Sec. 13-23. Undue Hardship waiver. (a) Any person responsible for a noise source may apply to the Board of Supervisors for a waiver, or partial waiver, from the provisions of this Article. The Board of Supervisors may grant such waiver, or partial waiver, upon a finding that either of the following circumstances exists: (1) The noise does not endanger the public health, safety or welfare; or (2) Compliance with the provisions of this Article from which a waiver is sought would produce serious economic hardship without producing substantial benefit to the public. (b) In determining whether to grant such waiver, the Board of Supervisors shall consider the time of day the noise will occur, the duration of the noise, whether the noise is intermittent or continuous, its extensiveness, the technical and economic feasibility of bringing the noise into conformance with this Article and such other matters as are reasonably related to the impact of the noise on the health, safety and welfare of the community and the degree of hardship which may result from the enforcement of the provisions of this Article. (c) No waiver, or partial waiver, issued pursuant to this Article shall be granted for a period to exceed one year, but any such ~ ".. 8 21 v waiver, October 27, 1992 or partial waiver may be renewed for successive like periods~ if the Board of Supervisors shall find such renewal is justified after again applying the standards set forth in this Article. No renewal shall be granted except upon written application therefor. 2. That Sec. 13-3. "Noise" of the Roanoke County Code is hereby repealed. 3. That this Ordinance shall be in effect from and after November 1, 1992. On motion of Supervisor Kohinke to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Kohinke, Minnix, Eddy NAYS: None ABSENT: Supervisors Johnson, Nickens I h An Ordinance to Vacate and Close a 50 Foot UnimDroved and Unnamed Riqht-of-Wav Located in the Skvview SUbdivision. catawba Maqisterial District. UDon the Detition of William H. and Norma J. Musselman. (Arnold Covey. Director. Enqineerinq & InsDections) 0-102792-13 Mr. Harrington advised that Mr. and Mrs. Musselman are re~esting the vacation of the unimproved and unnamed 50 foot right- of-way. between the intersections of Shirley Road and Eddies Road, as shown on the plat of the Skyview Subdivision. Mr. and Mrs., Musselman are the owners of most of the property surrounding the right-of-way II including the property on both sides of the road. ~ II I ~ October 27, 1992 8 2 8 .;~ Mr. Harrington reported that the County staff has no objections to the vacation with the condition that the County retain the right-of-way delineated on the map which would be necessary to provide appropriate turnarounds in the future. There were no citizens to speak on this ordinance. Supervisor Kohinke moved to adopt the ordinance-. The motion carried by the following recorded vote: AYES: Supervisors Kohinke, Minnix, Eddy NAYS: None ABSENT: Supervisors Johnson, Nickens ORDINANCE 102792-13 VACATING AND CLOSING A 50-FOOT UNIMPROVED AND UNNAMED RIGHT-OF-WAY LOCATED IN THE SKYVIEW SUBDIVISION (PB 3, PAGE 80), CATAWBA MAGISTERIAL DISTRICT WHEREAS, William H. and Norma J. Musselman, the petitioners, have requested the Board of Supervisors of Roanoke County, Virginia to vacate and close a 50-foot unimproved and unnamed right-of-way located in the Skyview Subdivision between Lot 10 and Lot 39; 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 October 13, 1992; the public hearing and second reading of this ordinance was held on October 27, 1992. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: ~ ".. 82 9 1. That a portion October 27, 1992 of a 50-foot unimproved and unnamed right-of-~ way approximately 140 feet long located in the Skyview Subdivision between Lot 10 and Lot 39 and dedicated to Roanoke County by plat of Skyview Subdivision found in Plat Book 3 at page 80 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 ordinance, the County reserves and retains a property interest in 0.028 acres located at both ends of the 50-foot right-of-way for possible future use as turnarounds should Shirley Road and Eddies Road become eligible for acceptance into the Virginia Department of Transportation secondary I system; 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 william H. and Norma J. Musselman shall record a certi- fied copy of this ordinance and plat with the Clerk of the Circuit Court and shall pay all fees required to accomplish this transaction. On motion of Supervisor Kohinke· to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Kohinke, Minnix, Eddy NAYS: None ABSENT: Supervisors Johnson, Nickens II ~ I I ~ 8 3 OS: October 27, 1992 , r,\ .... h An Ordinance to Vacate a 20 Foot Drainaqe Easement Located on the Property Lines of Lots 21. 22. 23. 24. and 25. in the Orchards. ADPlewood. section 7. Hollins Maqisterial District. UDon the Detition of F & W commu- nitv Development Corporation. (Arnold Covey. Director. Enqineerinq & InSDections) 0-102792-14 Mr. Harrington advised that F & W Communi ty Development Corporation is requesting the vacation of approximately 479 linear feet of a 20 foot drainage easement. The County staff has no objections to this vacation. There were no citizens to speak on this ordinance. Supervisor Minnix moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors KOhinke, Minnix, Eddy NAYS: None ABSENT: Supervisors Johnson, Nickens ORDINANCE 102792-14 VACATING A 20-FOOT DRAINAGE EASEMENT LOCATED ON THE REAR PROPERTY LINE OF LOTS 21, 22, 23, 24, AND 25 IN THE ORCHARDS, APPLEWOOD, SECTION 7, HOLLINS MAGISTERIAL DISTRICT WHEREAS, F & W Community Development Corporation has requested the Board of Supervisors of Roanoke County, Virginia to vacate approx- imately 479 linear feet of a twenty (20') foot drainage easement which is located on Lots 21, 22, 23, 24, and 25 of the Orchards, Applewood, Section 7 in the Hollins Magisterial District as shown in Plat Book 13, at page 73 of record in the Clerk's Office of the Roanoke County ....1 ".. 8 3 1 ~, October 27, 1992 ~ Circuit Court; 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 October 13, 1992; the second reading and public hearing of this ordinance was held on October 27, 1992. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That approximately 479 linear feet of a twenty (20') foot drainage easement located on the rear property line of Lots 21, 22'11 23, 24, and 25 in the Orchards, Applewood, Section 7 (PB 13, page 73) in the Hollins Magisterial District be, and hereby is, vacated pursu- ant to Section 15.1-482(b) of the 1950 Code of Virginia, as amended: and, 2. 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. 3. That F & W Community Development Corporation shall record a certified copy of this ordinance and plat with the Clerk of the Circuit Court and shall pay all fees required to accomplish this transaction and in addition, shall be responsible for all costs andll expenses associated herewith. ~ I I ~ October 27, 1992 832 4. That as a further condition to the adoption of this ordi- nance, the Board of Supervisors of Roanoke County, Virginia, shall be indemnified of and held harmless from and against all claims for damages to any improvements or structures within the old easement area by F & W Community Development Corporation, its heirs, successors, or assigns. On motion of Supervisor Minnix to adopt the ordinance, and carried by the fOllowing recorded vote: AYES: Supervisors Kohinke, Minnix, Eddy NAYS: None ABSENT: Supervisors Johnson, Nickens .L. An Ordinance to Rezone 3.09 Acres from R-5 to R-l to Construct Sinqle FamilY Homes. Located at the Intersec- tion of Buck Mountain and Starkey Roads. Cave SDrinq Maqisterial District. UDon the Petition of Palm Hermit- aqe Corporation. (Terry Harrinqton. Director. Planninq & Zoninq) 0-102792-15 Mr. Harrington advised that Palm Hermitage Corporation has requested this rezoning to construct single family homes at the intersection of Buck Mountain and Starkey Roads. There are two proffered conditions and the Planning Commission recommended approval. There were no citizens to speak on this ordinance. Supervisor Minnix moved to adopt the ordinance. The motion ~ ".. 833 October 27, 1992 ~ carried by the following recorded vote: AYES: Supervisors Kohinke, Minnix, Eddy NAYS: None ABSENT: Supervisors Johnson, Nickens ORDINANCE 102792-15 TO CHANGE THE ZONING CLASSIFI- CATION OF A 3.09-ACRE TRACT OP REAL ESTATE LOCATED AT THE INTERSECTION OP BUCK MOUNTAIN AND STARKEY ROADS (T~ MAP NO. 97.07-2-80) IN THE CAVE SPRING MAGISTERIAL DISTRICT FROM THE ZONING CLASSIPICA- TION OF R-5 TO THE ZONING CLASSIPICATION OF R-l WITH CONDITIONS UPON THE APPLICATION OF PALM HER- MITAGE CORPORATION WHEREAS, the first reading of this ordinance was held on Septem- ber 22, 1992, and the second reading and public hearing was held October 27, 1992; and, WHEREAS, the Roanoke County Planning Commission held a public I hearing on this matter on October 6, 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 real estate containing 3.09 acres, as described herein, and located at the intersection of Buck Mountain and Starkey Roads, (Tax Map Number 97.07-2-80) in the Cave Spring Magisterial District, is hereby changed from the zoning classification of R-5, Townhouse District, to the zoning classification of R-1, Single Family Residential District. 2. That this action is taken upon the application of Palm II Hermitage Corporation. ~ I I ~ ....~ .~ October 27, 1992 834 3. That the owner has voluntarily proffered in writing the following conditions which the Board of Supervisors hereby accepts: a. No d~iveways for residences shall enter from Buck Mountain Road. 4. b. No street developed on this property will be extended to adjoining property. That said real estate is more fully described as follows: Commence at boundary corner 30 on the Plat of Section 1, "Branderwood," prepared by Buford T. Lumsden & Associates, P.C., recorded in Plat Book 9, page 351 of the· Clerk's Office of the Roanoke County Circuit Court. Corner 30 being the northwesterly corner of Lot 10, Block 1 of the aforesaid subdivision plat and the POINT OF BEGINNING; thence along the westerly line of the property shown as "Property of Lobo Investors, DB 1217, Pg. 483," said line also being the easterly line of the property shown as "Property of Fralin & Waldron, Inc., DB 860, Pg. 305" on the aforesaid plat, run N. 00 deg. 27 min. 00 sec. W. 225 feet to a point on the southerly right-of-way of Starkey Road (Va. Secondary Route 904); thence along the southerly right-of-way line of said Starkey Road, run N. 71 deg. 32 min. 15 sec. E. 110 feet to a point where said starkey Road and Buck Mountain Road (Va. Secondary Route 679) intersect; thence along the southerly right-of-way line of said Buck Mountain Road, run N. 87 deg. 02 min. 15 sec. E. 379.97 feet to corner 40 of the aforesaid plat, corner 40 being the intersection of said Buck Mountain Road and Branderwood Drive (Va. Secondary Route 1960); thence with the westerly right-of-way line of said Branderwood Drive along the arc of a curve to the right 41.68 feet, said curve having a delta of 90 deg. 06 min. 50 sec., a radius of 26.50 feet, a chord bearing of S. 47 deg. 54 min. 20 sec. E., a chord distance of 37.52 feet to corner 39 of the aforesaid plat; thence continuing along .the westerly right-of-way line of said Branderwood Drive, along the arc of a curve to the left 160.61 feet, said curve having a delta of 28 deg. 18 min. 17 sec., a radius of 325.11 feet, a chord bearing S. 17 deg. 00 min. 05 sec. E., a chord distance of 158.98 feet to corner 38 of the aforesaid plat; thence leaving the westerly right-of-way line of said Branderwood Drive and along the northerly property lines of Lot 1, Block 1 of the aforesaid plat, the following two courses: S. 72 deg. 31 min. 00 sec. W. 52 feet to corner 37 of the aforesaid plat; thence S. 17 deg. 28 min. 00 sec. W. 115 feet to corner 36 of the aforesaid ~ ".. 835' October 27, 1992 plat: thence leaving Lot 1 and along the northerly property~ line of Lot 5, Block 1 of the aforesaid plat, run S. 81 deg. 22 min. 00 sec. W. 35 feet to corner 35 of the aforesaid plat; thence leaving Lot 5 and along the northerly property line of Lot 8, Block 1 of the aforesaid plat the following two courses: N. 60 deg. 22 min. 00 sec. W. 81 feet to corner 34 of the aforesaid plat; thence N. 86 deg. 27 min. 00 sec. W. 97 feet to corner 33 of the aforesaid plat; thence leaving Lot 8 and along the northerly property line of Lot 9, Block 1 of the aforesaid plat the following two courses: S. 75 deg. 17 min. 00 sec. W. 95 feet to corner 32 of the aforesaid plat; thence S. 51 deg. 55 min. 00 sec. W. 95 feet to corner 31 of the aforesaid plat, a point on the northeasterly property line of Lot 10, Block 1 of the aforesaid plat; thence along the northerly property line of Lot 10 N. 57 deg. 57 min. 00 sec. W. 122.42 feet to corner 30 of the aforesaid plat, the PLACE OF BEGINNING and containing 142,056 square feet, 3.261 acres. 5. 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 I the same hereby are, repealed. On motion of Supervisor Minnix to adopt the ordinance, and carried by the .following recorded vote: AYES: Supervisors Kohinke, Minnix, Eddy NAYS: None ABSENT: Supervisors Johnson, Nickens ·IN RE:. ADJOURNMENT At 7:40 p.m., Supervisor Minnix moved to adjourn. The motion carried by a unanimous voice vote with Supervisors Johnson and Nickens absent. L!::Ed0 Ch~ II < .... ~