HomeMy WebLinkAbout3/26/1991 - Regular
March 26, 1991
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Roanoke County Board of Supervisors
Roanoke County Administration Center
3738 Brambleton Avenue, S.W.
Roanoke, Virginia 24018
March 26, 1991
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 March, 1991.
IN RE:
CALL TO ORDER
Chairman McGraw called the meeting to order at 1:10 p.m.
The roll call was taken.
MEMBERS PRESENT:
Chairman Steven A. McGraw, Vice Chairman Harry C.
Nickens, supervisors Lee B. Eddy, Bob L. Johnson,
Richard W. Robers
MEMBERS ABSENT:
None
STAFF PRESENT:
Elmer C. Hodge, county Administrator; Paul M.
Mahoney, County Attorney; Brenda J. Holton, Deputy
Clerk; John M. Chambliss, Assistant County
Administrator; John R. Hubbard, Assistant County
Administrator; Don M. Myers, Assistant County
Administrator; Anne Marie Green, Information
Officer
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March 26, 1991
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The invocation was given by the Reverend William A. Cole,
Interim Minister, Colonial Presbyterian Church. The Pledge of
Allegiance was recited by all present.
IN RE:
REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF THE
AGENDA ITEMS
Supervisor Eddy requested that the Executive Session be held
after the Work Sessions were completed.
IN RE:
NEW BUSINESS
~ Conqressman Olin's request for support of the Roanoke
River Parkway and Visitors Center.
R-32691-1
County Administrator Elmer Hodge introduced Congressman Jim
Olin who made a presentation to the board concerning the Roanoke River
Parkway.
Others present were: Tom Brown, Associate Regional
Director, u. S. Department of the Interior, National Park Service,
from Atlanta; Gary Everhart, Superintendent, Blue Ridge Parkway; Bob
Hope, Lynn Davis, and Pinky Dayton, Roanoke River Parkway; Bern Ewert,
Richard Burrow, and Rupert Cutler, Explore Project; Brad Corcoran,
and Bob Benninger ,_Town of Vinton; John Hubbard, Assistant County
Administrator; Joyce Waugh, Economic Development Specialist; and Jack
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March /.6, ,qq,
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Parrott, Landfill Board.
Congressman Olin explained that the proposed Roanoke River
Parkway, a two and one-forth mile spur from the Blue Ridge Parkway to
the Explore Park across the Roanoke Regional Landfill, will provide a
scenic highway and the only public access into the Explore Park. The
Roanoke River Parkway will be built by the National Park Service,
Federal Highways Administration and the Virginia Department of
Transportation. The Department of the Interior is also planning a
Visitor Center which would be located near the intersection of the
Blue Ridge and Roanoke River Parkways.
Congressman Olin displayed several maps and pointed out the
locations of the Roanoke River Parkway, Area A of the Landfill, the
Explore Park, various suggested sites for the Visitors Center, and the
amount of land already acquired by Explore.
Since the landfill property is currently used by Roanoke
County, Roanoke City and Vinton, Congressman Olin is requesting that
each locality agree not to use Area A of the Roanoke Valley Regional
Landfill because the Parkway cannot be build upon land that has been
used for a landfill. He also requested that the County convey the
landfill property to the National Park Service for the Parkway at the
appropriate time.
Supervisor Nickens expressed appreciation to Congressman
Olin for his initiative in going forward with this project.
Mr. Brown assured the board that the Park Service will
cooperate to have the project completed in order to keep the 1994
deadline for the Explore Park.
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March 26, 1991
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Supervisor Johnson stated that he would not support an
extension into Area A of the current landfill, and questioned when the
Landfill Board would close the discussion on using Area A.
John Hubbard advised that the Smith Gap Landfill should be
operational by January 1993 and current state legislation would allow
the use of the existing landfill through January, 1994. Mr. Hubbard
felt that there is a joint effort by all concerned to move into the
new landfill by January 1993, and to use the existing landfill area
without having to use Area A.
Supervisor Nickens stated he opposed extending the landfill
into Area A.
Supervisor Nickens moved to adopt the resolution. The
motion carried by the following recorded vote:
AYES:
Supervisors Eddy, Robers, Johnson, Nickens, McGraw
NAYS:
None
Supervisor Nickens requested that copies of the resolution
be sent to the Town of Vinton, Roanoke City and other elected
officials.
RESOLUTION 32691-1 OF ROANOKE COUNTY SUPPORT
FOR THE ROANOKE RIVER PARKWAY AND VISITORS CENTER
WHEREAS, Roanoke County considers Explore and related elements,
i.e. Roanoke River Greenway, Parkway and Visitors Center, to be one of
its most important economic development priorities; and
WHEREAS, the preferred route of the Roanoke River Parkway is
across part of the current Roanoke Valley Regional Landfill, including
Area "A", which has not been used for fill operation; and
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March /.6, , qq,
WHEREAS, it is anticipated that the smith Gap Landfill will open
before it is necessary to use Area "A" for disposal of solid waste;
and
WHEREAS, the final disposition of the Regional Landfill property
will be determined by the governments currently using the facility -
the City of Roanoke, the County of Roanoke, and the Town of Vinton.
NOW, THEREFORE, BE IT RESOLVED, by the Roanoke County Board of
Supervisors, that Roanoke County will prepare the new landfill at
Smith Gap as quickly as possible, so that the current facility will be
available for the Parkway Route; and
FURTHER, BE IT RESOLVED, that the Board of Supervisors reaffirms
its pledge to use the Roanoke River Parkway as the only public access
to the Explore Park, scheduled to open its first phase in 1994; and
FURTHER, BE IT RESOLVED, that tþe Board of Supervisors is willing
to convey the County's interest in the Regional Landfill property to
the National Park Service for the Parkway at the appropriate time.
On motion of Supervisor Nickens to adopt resolution, and
carried by the following recorded vote:
AYES:
NAYS:
Supervisors Eddy, Robers, Johnson, Nickens, McGraw
None
~ Request from Roanoke County Firefiqhters for payroll
deduction of dues.
A-32691-2
Mr. Hodge advised that the County Attorney had researched
this request and recommended that the matter be referred to the County
Administrator for a final decision in accordance with the County
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March 26, 1991
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Charter.
Supervisor Johnson expressed his concern about the relevance
of several of the cases cited in the County Attorney's legal opinion.
Supervisor Nickens moved to deny the request. The motion
was defeated by the following recorded vote:
AYES:
Supervisors Nickens
NAYS:
Supervisors Eddy, Robers, Johnson, McGraw
Supervisor Nickens moved the staff recommendation to refer
the matter to the County Administrator for a final decision. The
motion carried by the following recorded vote:
AYES:
Supervisors Eddy, Robers, Johnson, Nickens, McGraw
NAYS:
None
Mr. Hodge was directed to report to the Board a final
decision within two weeks.
Mr. Bruce Roy, speaking on behalf of the Roanoke County Fire
Fighters Association, advised that they are not asking for binding
arbitration but for the same parity as being extended to the Roanoke
County Teachers Association.
~ Consideration of participation in 1991-92 VDOT Revenue
Sharinq Proqram. (CONTINUED FROM MARCH 12. 1991)
A-32691-3
Mr. Hodge advised that further staff study as requested by
the board indicated that it is advisable for the Board to declare
their intent to participate and it would be possible to reject
March 26, ]991
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participation at a later date if funds were not available.
Supervisor Robers moved the staff recommendation to submit
the letter of intent to participation to the Virginia Department of
Transportation. The motion carried by the following recorded vote:
AYES:
Supervisors Eddy, Robers, Johnson, Nickens, McGraw
NAYS:
None
In response to Supervisor Eddy's inquiry, Mr. Hodge advised
that the letter of intent would be for $500,000.
~ Adoption of Resolution recoqnizinq The Arts Council of
the Blue Ridqe.
R-32691-4
Supervisor McGraw advised that the Arts Council of the
Roanoke Valley recently changed its name to the Arts Council of the
Blue Ridge and requested support from Roanoke County for the continued
success of this organization.
Supervisor Nickens moved to adopt the resolution. The
motion carried by the following recorded vote:
AYES:
Supervisors Eddy, Robers, Johnson, Nickens, McGraw
NAYS:
None
RESOLUTION 32691-4 IN RECOGNITION OF THE ARTS COUNCIL
OF THE BLUE RIDGE
WHEREAS, The Arts Council of the Blue Ridge (formerly known
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March 26, 1991
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as The Arts Council of the Roanoke Valley) was formed as a non-profit
corporation in 1979; and
WHEREAS, the purpose of The Arts Council of the Blue Ridge
is to promote and advocate the arts, to develop arts audiences and
educational programs and to provide services for artists and arts
organizations in the County of Roanoke and in the Blue Ridge Region;
and
WHEREAS, The Arts Council of the Blue Ridge desires to
stimulate greater governmental and public awareness of the importance
of the arts: and
WHEREAS, The Arts Council of the Blue Ridge wants to support
the County of Roanoke's own artists, institutions, organizations and
audiences; and
WHEREAS, The Arts Council of the Blue Ridge is a service
agency, with the primary emphasis on existing local arts organizations
and artists: and
WHEREAS, The Arts Council of the Blue Ridge is recognized by
the Virginia Commission of the Arts, and the National Endowment of the
Arts as the appropriate body to disseminate information to County
organizations and artists.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors
of Roanoke County, Virginia, that The Arts Council of the Blue Ridge
shall be recognized as the appropriate organization to advise the
Roanoke County Board of Supervisors on development of the arts in the
County of Roanoke.
On motion of Supervisor Nickens to adopt resolution, and
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March 26, 1991
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carried by the following recorded vote:
AYES:
Supervisors Eddy, Robers, Johnson, Nickens, McGraw
NAYS:
None
IN RE:
PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND AWARDS
~ Proclamation declarinq week of April 6 throuqh April
13. 1991 as National County Government Week.
Chairman McGraw presented the proclamation to Anne Marie
Green, Public Information Officer, who described the various events
planned for the week.
Supervisor McGraw moved to approve the proclamation. The
motion carried by the following recorded vote:
AYES:
Supervisors Eddy, Robers, Johnson, Nickens, McGraw
NAYS:
None
~ Proclamation declaring April 29. 1991. as Lions
Information Day.
Chairman McGraw presented the proclamation to Mr. Don
Rhinehart, District Governor, Jack Davis, Region II Chairman, and
several other Lions Club members.
Supervisor Eddy moved to approve the proclamation. The
motion carried by the following recorded vote:
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March 26, 1991
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AYES:
Supervisors Eddy, Robers, Johnson, Nickens, McGraw
NAYS:
None
Chairman McGraw recognized The Honorable Jack Shelton,
Mayor, Bedford City, who signed a proclamation on behalf of Bedford
City and presented it to the Lions Clubs members.
IN RE:
REQUESTS FOR WORK SESSIONS
Supervisor Nickens requested a work session on the Therapeutic
Program of the Parks & Recreation Department be held on April 9, 1991.
IN RE:
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REQUEST FOR PUBLIC HEARING AND FIRST READING FOR REZONING
ORDINANCE - CONSENT AGENDA
Supervisor Johnson moved to approve the first reading and
set the public hearing for April 23, 1991. The motion carried by the
following recorded vote:
AYES:
Supervisors Eddy, Robers, Johnson, Nickens, McGraw
NAYS:
None
1. An ordinance to amend proffered conditions on
approximately 6.1 acres, to remove the condition
requiring brick and wood siding, located east of Route
706 approximately .1 mile south of intersection with
Electric Road, Cave Spring Magisterial District, upon
the petition of Robert E. Glenn.
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March 26, 1991
IN RE:
FIRST READING OF ORDINANCES
~ Ordinance authorizinq the acquisition of a 0.108 acre
parcel of land from Mamie E. Webster for the Bushdale
Road Rural Addition proiect.
Supervisor Nickens moved to approve the first reading of the
ordinance. The motion carried by the following recorded vote:
AYES: Supervisors Eddy, Robers, Johnson, Nickens, McGraw
NAYS: None
IN RE: SECOND READING OF ORDINANCES
~ Ordinance authorizinq the sale of 1.5 acres in Shamrock
Park.
0-32691-5
Supervisor McGraw, citing a direct business relationship in
regard to this property, left the stage, turning the chair over to
Vice Chairman Nickens.
Economic Specialist Brian Duncan advised that the company
plans to produce a high-tech electric lock and a formal announcement
will be made at a later date. In response to concerns from the Board
at the last meeting, Mr. Duncan advised that the previous selling
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March 26, 1991
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price for land was $23,000 an acre. The price of $19,750 for this
request was arrived at because the major portion of the property is in
the flood zone.
After discussion concerning the price of the land,
Supervisor Nickens moved that this land be made available to this
developer at a price of not less than $23,000 per acre. There was no
vote.
Supervisor Nickens moved that this land be sold at $23,000
per acre and directed staff to attempt to gain agreement with the
interested party, and if not, leave in surplus category. There was no
vote.
Supervisor Eddy offered a substitute motion to approve the
staff recommendation authorizing the sale at $19,750 per acre. The
motion carried by the following recorded vote:
AYES:
Supervisors Eddy, Robers, Johnson
NAYS:
Supervisor Nickens
ABSENT:
Supervisor McGraw
ORDINANCE 32691-5 ACCEPTING AN OFFER FOR AND
AUTHORIZING THE SALE OF 1.5 ACRES, MORE OR LESS,
IN THE SHAMROCK PARK
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.
economic development: and
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March 26, 1991
2. That pursuant to the provisions of Section 18.04 of the
Charter of Roanoke County, a first reading was held on March 12, 1991:
and a second reading was held on March 26, 1991, concerning the sale
and disposition of 1.5 acres, more or less, in the Shamrock Industrial
Park; and
3. That an offer having been received for said property, the
offer of Plantation & Kanter to purchase 1.5 acres, more or less, for
$19,750.00 per acre is hereby accepted; and
4. That all proceeds from the sale of this real estate are to
be allocated to the Capital Projects Fund pursuant to Section lG.01 of
the Roanoke County Charter: and
5. That the County shall reserve a 20 foot sanitary sewer
easement in the conveyance of said property.
6. That the County Administrator is authorized to execute such
documents and take such actions on behalf of Roanoke County as are
necessary to accomplish the conveyance of said property, all of which
shall be upon form approved by the County Attorney.
On substitute motion of Supervisor Eddy to adopt ordinance, and
carried by the following recorded vote:
AYES: Supervisors Eddy, Robers, Johnson
NAYS: Supervisor Nickens
ABSENT: Supervisor McGraw
IN RE:
APPOINTMENTS
~ Transportation and Safety Commission
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March 26, 1991
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Supervisor Eddy nominated Art LaPrade as Police Department
Representative; Fred C. Altizer, Jr., as Virginia Department of
Transportation Representative: and Jackie Talevi, as Legal
Representative to another four-year term. These terms will expire
April 1, 1991.
After discussion, it was the consensus of the board that the
board liaison to this committee be eliminated and a citizen
appointment added.
~ Roanoke Valley Reqional Solid Waste Manaqement Board
Supervisor Johnson nominated Supervisor Nickens to serve
during the transition period. After discussion, Supervisor Johnson
withdrew the nomination and directed the staff to bring back a list of
potential candidates for board consideration.
County Attorney Paul Mahoney was directed to review the
County Residency Policy in order to determine if this policy
prohibited staff members who do not live in Roanoke County from
participating on committees.
IN RE: CONSENT AGENDA
R-32691-6
In response to an inquiry from Supervisor McGraw concerning
his membership in Moose Lodge #284 which has requested a raffle
permit, County Attorney Mahoney advised that abstainment was not
March 26, 1991
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necessary Slnce this can be considered a matter of general
application.
Supervisor Johnson moved to adopt the resolution. The motion
carried by the following recorded vote:
AYES:
Supervisors Eddy, Robers, Johnson, Nickens, McGraw
NAYS:
None
RESOLUTION 32691-6 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 March 26, 1991, 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. Abandonment of 0.08 mile of Bradshaw Road (Route 622)
in the Virginia Department of Transportation Secondary
System.
2. Approval of raffle permit - Loyal Order of Moose Lodge
#284.
3. Approval of raffle permit - Knight's Booster Club of
Cave spring High School.
4. Acceptance of water facilities serving Tini World Child
Care Center.
5. Approval of raffle and 50/50 raffle permit - Cave
Spring American Baseball League, Inc.
2. That the Clerk to the Board is hereby authorized and
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March 26, 1991
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directed where requirea by iaw to set forth upon any of said items the
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separate vote tabulation for any such item pursuant to this
resolution.
On motion of Supervisor Johnson to adopt resolution, and
carried by the following recorded vote:
AYES:
Supervisors Eddy, Robers, Johnson, Nickens, McGraw
NAYS:
None
IN RE:
REPORTS AND INQUIRIES OF BOARD MEMBERS
SUPERVISOR EDDY:
(1) He reported that the school
administration has formed a recycling advisory committee and he
attended the first meeting.
(2) He advised that Amanda Guyre, a
student from Cave Spring High School, has asked to videotape the April
9, 1991 board meeting and was advised that the board had no
objections.
(3) He requested that Mr. Hodge prepare a draft
presentation for the April 8, 1991, Virginia Department of
Transportation annual pre-allocation hearing for primary, urban and
interstate highways and submit to board for suggestions. Mr. Hodge
reported that the staff is working on a draft to be sent by end of the
week.
(4) He requested an update on extending Allied Signal sewer
lines to Dixie Caverns for leachate removal. Mr. Hodge advised that
bids for construction of the line have been sent and are expected back
before April 15, 1991.
SUPERVISOR ROBERS:
(1) He has received a number of calls
from citizens concerned about the County discontinuing the leaf
collection program. Mr. Hodge suggested that this could be discussed
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March /.6, _ 1991
at the budget work session. (2) He requested clarification of the
potential cut back of early retirement opportunity for emergency
workers. Mr. Hodge suggested that this be discussed at the budget
work session.
SUPERVISOR MCGRAW: (1) He reported on the VACo/VML
annexation task force meeting held in Roanoke on March 22 and 23,
1991, and advised that the Grayson Commission agreement will be
finalized by the end of June or July. (2) He advised that the VACo
Board of Directors meeting for Spring will be held at the Tanglewood
Holiday Inn on April 13 and 14, 1991, for approximately one-third the
cost of previous meetings. (4) Supervisor McGraw reported that he had
read Supervisor Eddy's Windsor Hills Reporter regarding action taken
by the Board on March 12, 1991, in setting the tax rates for the
advertised public hearing. He pointed out that during the 1990-91
budget process, he opposed decreasing the real estate tax rate from
$l.l5 to $l.13. Supervisor Eddy responded that he did not necessarily
support a tax increase but was opposed to setting the rates until an
analysis could be conducted on the potential revenue that could be
generated from an increase.
IN RE:
REPORTS
Supervisor Johnson moved to approve the reports listed
The motion carried by the following recorded vote:
Supervisors Eddy, Robers, Johnson, Nickens, McGraw
None
1. Board Contingency Fund
below.
AYES:
NAYS:
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March 26, 1991
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2. General Fund Unappropriated Balance
3. Accounts Paid - February 1991
4. statement of income and expenses for the eight months
ended February 28, 1991.
IN RE:
TWO MINUTE RECESS
IN RE:
COUNTY BUDGET WORK SESSION
Mr. Hodge presented copies of the proposed budget for 1991-
92 to the board members and advised that the County budget is out of
balance by $340,000. He reported that additional cuts may be made by
the state. There was a discussion of the items shown on the Summary
of Possible Budget Cuts totaling $337,977.
Mr. Hodge advised that a contingency reserve of $300,000 has
been established because of the uncertainty of the economy and the
possibility of further state reductions.
Mr. Eddy requested that the staff prepare an analysis of the
impact on the budget for the early retirement of public safety
employees.
Mr. Eddy requested that the staff prepare a year-to-year
uniform vehicle replacement policy and fund it at a certain amount
every year.
After discussion, it was the consensus of the board that the
supervisors would review the proposed budget and submit any questions
to Mr. Hodge by April 2, 1991, so that staff could report back at the
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MarC'!h ?f\, 19q1
April 9, 1991 meeting.
Supervisor Johnson requested that the two-year budget
previously asked for by the board be submitted before the next
meeting. He also suggested that in the future, any information
necessary for a work session would be delivered before the time of the
session.
IN RE:
TWO MINUTE RECESS
IN RE:
JOINT BUDGET WORK SESSION WITH SCHOOL BOARD
Mr. Frank Thomas, Chairman of the School Board, and Dr.
Bayes Wilson, Superintendent, commented on the school budget which was
$366,000 out of balance. Dr. Wilson explained the $366,040 cuts which
were made in order to balance the budget.
Dr. Wilson advised that the Capital Improvement Project
update will be sent to the board with the final budget.
Supervisor Nickens suggested that any bond referendum be set
at the time of a general election in order to save expenses.
IN RE:
REDISTRICTING WORK SESSION
The presentation was made by Paul Mahoney, County Attorney,
Elizabeth Leah, Registrar, and Terry Harrington, Planning & Zoning
Director. On display were a series of maps showing the present
districts, and the proposed districts, with changes highlighted on
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March 26, 1991
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each map. There were seven options discussed.
IN RE: REGULAR SESSION
Chairman McGraw declared the board back in regular session.
IN RE:
REDISTRICTING
Supervisor Nickens moved to include in Roanoke County Today
and advertise in area newspapers, the sUbmission to the Justice
Department of Option A, with five districts, highlighting the four
areas projected for change, with a public hearing to be held on April
9, 1991, and the second reading of the ordinance to be held on April
26, 1991.
AYES:
NAYS:
Supervisors Robers, Johnson, Nickens, McGraw
Supervisor Eddy
IN RE:
RECESS FOR DINNER AND EXECUTIVE SESSION
At 6:00 p.m., Supervisor Johnson moved to go into Executive
Session pursuant to the Code of Virginia section 2.l-344 (a) (l) to
consider a personnel matter (7) to discuss a specific legal matter
with respect to potential litigation and violation of zoning
ordinances (7) to discuss a specific legal matter concerning
negotiations with respect to a landfill use agreement (7) to discuss a
specific legal matter concerning Item T-391-4 on the March 26, 1991
Board's agenda.
IN RE:
RECONVENEMENT
March 26, 1991
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At 7:00 p.m., Chairman McGraw reconvened the meeting.
IN RE:
CERTIFICATION OF EXECUTIVE SESSION
R-32691-7
At 7:05 p.m., Supervisor Nickens moved to return to Open
Session and adopt the certification Resolution. The motion carried by
the following recorded vote:
AYES:
Supervisors Eddy, Robers, Johnson, Nickens, McGraw
NAYS:
None
RESOLUTION 32691-7 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
,
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March 26, 1991
the motlon convening the executive meeting were heard, discussed or
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considered by the Board of Supervisors of Roanoke County, Virginia.
On motion of Supervisor Nickens, and carried by the fOllowing
recorded vote:
AYES:
Supervisors Eddy, Robers, Johnson, Nickens, McGraw
NAYS:
None
EVENING SESSION (7:00 P.M.)
IN RE: PUBLIC HEARINGS
391-1 Public Hearing to receive citizen comments on the
Six Year Construction Plan for 1991-97 VDOT
Secondary System.
Mr. Fred Altizer, Jr., Resident Engineer, VDOT, was present
to answer questions. There were no citizens to speak regarding the
Six Year Construction Plan.
Supervisor Nickens moved to approve the staff recommendation
and that no further study be done by the staff and no changes in the
way that the six year plan is done. The motion carried by the
following recorded vote:
AYES: Supervisors Robers, Johnson, Nickens, McGraw
NAYS: Supervisor Eddy
IN RE: PUBLIC HEARING AND FIRST READING OF ORDINANCE
391-2 Ordinance amending Chapter 21 Taxation of the
March 26, 1991
173
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oano e Coun y Code by the addition of section 21-
5 Admissions Tax, Section 21-6 Collection of
Admission Taxes: Records, Section 21-7
Enforcement: Penalties: violations.
Mr. Mahoney advised that the proposed ordinance would impose
an admissions tax on applicable public entertainment, performances and
sporting events. Ms. Busher, Director, Management & Budget, estimates
that the possible revenue from a 5% admissions tax would be
approximately $50,000 per year.
Responding to Supervisors Nickens' question, Mr. Mahoney
advised that the ordinance had been advertised without any percent for
the tax rate.
Supervisor Nickens moved the first reading of the ordinance
with the insertion of a figure in Items C, D, and E, not to exceed the
state allowed maximum.
Being advised by Mr. Mahoney and Supervisor Johnson that a
specific percent would be preferred, Supervisor Nickens amended his
motion to approve the first reading of the ordinance with 10% inserted
in items C, D, and E which is the maximum allowable by State Code.
The motion carried by the following recorded vote:
AYES:
Supervisors Robers, Johnson, Nickens, McGraw
NAYS:
Supervisor Eddy
Mr. Mahoney advised Supervisor Eddy that the ordinance as
written does apply to the Town of Vinton but Vinton could enact an
admissions tax also. Mr. Eddy expressed concern at setting the tax
rate at 10% instead of the 5% admissions tax rate currently in place
for the Cities of Roanoke and Salem.
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March 26, 1991
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IN RE: PUBLIC HEARINGS AND SECOND READING OF ORDINANCES
391-3 An ordinance to rezone a .324 acre tract from B-1
to B-2 to operate a video repair business in an
existing structure located at 3556 Brambleton
Avenue, Cave Spring Magisterial District upon the
petition of Erwin B. Richards.
0-32691-8
Mr. Harrington presented the staff report and reported that
the Planning commission evaluated the request and found no significant
impact factors. There is one proffer which restricts the use of the
property to office uses, sales, service and repair of small consumer
products. There were no citizens requesting to speak on this
ordinance.
Supervisor Robers moved to approve the ordinance. The
motion carried by the following recorded vote:
AYES:
Supervisors Eddy, Robers, Johnson, Nickens, McGraw
NAYS:
None
ORDINANCE 32691-8 TO CHANGE THE ZONING
CLASSIFICATION OF A .324 ACRE TRACT OF REAL ESTATE
LOCATED AT 3556 BRAMBLETON AVENUE (TAX MAP NO.
77.10-6-12) IN THE CAVE SPRING MAGISTERIAL
DISTRICT FROM THE ZONING CLASSIFICATION OF B-1 TO
THE ZONING CLASSIFICATION OF B-2 WITH CONDITIONS
UPON THE APPLICATION OF ERWIN B. RICHARDS
WHEREAS, the first reading of this ordinance was held on February
26, 1991, and the second reading and public hearing was held March 26,
1991; and,
WHEREAS, the Roanoke County Planning Commission held a public
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March 26, 1991
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hearing on this matter on March 5, 1991: 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 .324 acre, as described herein, and located at 3556
Brambleton Avenue, S.W., (Tax Map Number 77.l0-6-l2) in the Cave
Spring Magisterial District, is hereby changed from the zoning
classification of B-1, Office District, to the zoning classification
of B-2, General Commercial District.
2. That this action is taken upon the application of Erwin B.
Richards.
3. That the owner, William V. Belcher, has voluntarily
proffered in writing the following conditions which the Board of
Supervisors hereby accepts:
a. Use of the property shall be limited to office uses and
sales, service and repair of small consumer products.
4. That said real estate is more fully described as follows:
Beginning at a point on the southerly side of the Grandin
Court and Cave Spring Road, now known as the Mount Vernon
Drive, said beginning point being N. 58 deg. 00' E. 20.0
feet from the subtangent intersection point of the southerly
side of Mount Vernon Drive, produced with the easterly side
of Custis Avenue produced: thence along the southerly side
of Mount Vernon Drive N. 58 deg. 00' E. 55.0 feet to a point
on same, corner to Lot #13; thence along the lot line
between Lots #l3 and #l4, S. 32 deg. 00' E. 200.0 feet to a
point corner to Lot #15, thence along the lot line between
Lots #14 and #l5 S. 58 deg. 00' W. 75.0 feet to the easterly
side of Custis Avenue; thence along said easterly side of
Custis Avenue N. 32 deg. 00' W. 180.0 feet to a point on
same: thence along a curved line whose radius is 20 feet, a
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March 26, 1991
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distance of 31.41 feet to the place of beginning, and being
Lot #14, Section #2 according to the map of Mount Vernon
Heights, Roanoke County, Virginia, less 874 square feet,
more or less, conveyed to the Commonwealth of Virginia, on
July 20, 1978, and recorded in Deed Book 110l, page 166.
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
the same hereby are, repealed.
On motion of Supervisor Robers to adopt ordinance, and carried by
the following recorded vote:
AYES: Supervisors Eddy, Robers, Johnson, Nickens, McGraw
NAYS: None
391-4 An ordinance to amend proffered conditions on
approximately 4.35 acres, to CQnstruct a
professional office park in accordance with a
concept plan dated March 28, 1988, located on the
north side of Route 419 at the intersection of
Chaparral Drive, Cave Spring Magisterial District
upon the petition of Fralin , waldron, Inc.
0-32691-9
Mr. Harrington presented the staff report and outlined the
six proffers contained in an amended proffer of conditions dated March
6, 1991. These were: (l) To develop the subject property in
substantial conformity to the site plan dated March 28, 1988, by
Buford T. Lumsden & Associates, attached hereto as Exhibit "A";
provided that the building shall be limited to three above ground
floors fronting on 419 and a fourth lower level of finished space.
(2) To construct a fence along the boundary of the subject property
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March 26, 1991
at points where the subject property abuts with lots containing
single-family residences. (3) To plant appropriate ground cover
vegetation on the slopes of the subject property. (4) That the
dumpster shall be moved to a location on the eastern end of the
property near the railroad tracks. (5) To plant a buffer of l6-foot
pine trees on top of the berm to be developed along the edge of the
parking area adjacent to the residential properties. (6) The
lighting shall be in substantial conformity with the plan presented to
the Board of Supervisors with the provision that the lighting in the
parking lot on poles so designated on the site plan shall not exceed
fourteen feet.
Mr. Harrington stated that this is the third proposal that
the board has considered on this site since 1985. The 1985 action was
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approved by the board to rezone the property from R-3 to B-1
conditional and in January, 1990, the board denied a request to amend
the proffered conditions, finding it inconsistent with the 1985
Comprehensive Plan and the 419 Frontage Development Plan.
Mr. Harrington outlined the conformance of this plan with
the Comprehensive Plan and the 419 Frontage Development Plan and
advised that the policies applicable to this request are mainly
concerning land use site design and building configuration. The staff
and the Planning Commission felt that these were appropriate and the
Planning Commission approved the request with proffered conditions by
a four to one vote.
Ed Natt, attorney representing Fralin & Waldron, advised
that this matter was considered by the Court and one of the ultimate
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March 26, 1991
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issues in that litigation was whether or not the existing zoning as
approved by the Board of Supervisors in 1985 was reasonable in today's
market. Mr. Natt asked that Judge Traebue's statement be included in
the record as follows:
Fralin & Waldron does not take the position that the
conditional rezoning from residential to B-l in 1985 was
unreasonable because that action was accomplished at Fralin
& Waldron's request. It does not necessarily follow that
because it was reasonable in 1985, it is reasonable in 1990.
(Mr. Natt added, and therefore, would be reasonable in
1991. )
A major consideration is whether the proposed use is the
highest and best use for the land at the time the
improvement is to be made. The evidence before the Court at
trial was clear and substantially unchallenged that the 1985
zoning is no longer reasonable. It is clear from the trial
evidence that the building size and limitation under the
1985 proffer is no longer the best and highest use of the
site and that to restrict the_ building to the 1985 zoning
would be tantamount to a taking. The evidence was also clear
that the proposed rezoning is reasonable.
Mr. Natt stated that the Court made its determination from
evidence presented to the Court that was not presented to the Board at
its public hearing. He advised that the economic issue before the
board was not whether a three, four or five story building is best on
this site but whether the 1985 zoning was reasonable and if the
property could be developed economically and feasibly.
Mr. Natt advised that according to Mr. Harrington's
testimony in court, only 20,000 square feet of office space can be
developed on the property in this configuration. He presented cost
analysis figures on the total cost of the building and the proposed
rental figures per square foot.
Mr. Natt stated that the 1990-91 proposal was for five
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March /.6, 1991
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stories/four while the present proposal shown is for four
stories/three. The only significant difference from the site plan
concept is that there is more green space and less parking as compared
with last year's proposal. Mr. Natt advised that the present
configuration and location of the building was studied at length by
Fralin & Waldron and detailed several reasons why the building could
not be extended in any other direction.
Mr. Natt stated that there were six proffers as previously
advised by Mr. Harrington and advised that two additional proffers had
been deleted. One concerning the architecture was deleted at the
request of the Planning Commission and the proffer concerning
detention standards was deleted because County ordinances are more
stringent.
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Mr. Natt exhibited for the board members a series of artists
renderings of the proposal for the building from last year with an
overlay of the present proposal and Mr. Natt distributed to the board
members additional exhibits.
Mr. Natt displayed pictures taken from various locations of
the structure which had been altered to remove the top floor of steel.
He displayed additional pictures taken primarily from residential
subdivisions and showing other structures developed and constructed
along Rt. 419 over the past four to five years. He also displayed
superimposed pictures of the finished building showing the screening
and buffering.
Mr. Natt pointed out that the Planning Commission
recommended approval of this rezoning and the members felt that
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March 26, 1991
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concerns about the land use and building configuration had been
satisfied. He asked that the board follow the Planning Commission's
recommendation and approve the rezoning request.
The following citizens all spoke in opposition to the
rezoning request.
~ Jerrv Breedinq. 3873 Colony Lane
~ Roqer Atkins. 3628 Janney Lane
~ Gary Crowder. Green Valley civic Association. 3923
Lenora Road. S.W.
~ Dr. Willis P. Lanier. Jr.. 4743 Woodley Drive. S.W.
~ Don Terp. 5140 ADPletree Drive
~ W. G. Rosebro. 4712 Easthill Drive
Supervisor Robers moved to deny the ordinance because it was
inconsistent with the Comprehensive Plan and 419 Frontage Plan. The
motion carried by the following recorded vote:
AYES:
Supervisors Eddy, Robers, Johnson, Nickens, McGraw
NAYS:
None
Supervisor Nickens directed that the planning and
engineering staffs work with the petitioner to determine alternatives
to the configuration and location of the building.
DENIAL OF ORDINANCE 32691-9 TO AMEND PROFFERED
CONDITIONS ON THE REZONING OF A 4.35-ACRE TRACT OF
REAL ESTATE LOCATED ON THE NORTH SIDE OF ROUTE 419
AT ITS INTERSECTION WITH CHAPARRAL DRIVE IN THE
CAVE SPRING MAGISTERIAL DISTRICT FROM THE ZONING
CLASSIFICATION OF B-1, CONDITIONAL, TO THE ZONING
CLASSIFICATION OF B-1, CONDITIONAL (AMENDMENT TO
PROFFERS) UPON THE APPLICATION OF FRALIN & WALDRON
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March ?f\, 1991
WHEREAS, the first reading of this ordinance was held on
February 26, 1991, and the second reading and public hearing was held
March 26, 1991; and,
WHEREAS, the Roanoke County Planning Commission held a public
hearing on this matter on March 5, 1991; and,
WHEREAS, legal notice and advertisement has been provided as
required by law: and
WHEREAS, this property was rezoned from R-3, MUlti-Family
Residential District, to B-l, Office District, with proffered
conditions, on August l3, 1985.
BE IT ORDAINED by the Board of Supervisors of Roanoke County,
Virginia, as follows:
Denied on motion of Supervisor Robers, and carried by the
following recorded vote:
AYES: Supervisors Eddy, RObers, JOhnson, Nickens, McGraw
NAYS: None
IN RE:
THREE MINUTE RECESS
IN RE:
CITIZENS' COMMENTS AND COMMUNICATIONS
l. William T. Carter. 4435 Cordell Drive. questioned
whether the Smith Gap Landfill Part-A Application had been approved.
Mr. Hodge advised that the Part-A Application had been approved and
that Mr. Carter could contact John Hubbard for more information
concerning the smith Gap Landfill.
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March 26, 1991
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2. Pat Lavery. P. O. Box 550. Elliston. VA. spoke
representing (BRACE) Bradshaw Road Against Contamination of the
Environment, and in opposition to the rail spur through Montgomery
County. She requested that an environment study be done. Mr. Hodge
referred her comments to John Hubbard, Assistant County Administrator.
3. Louise Spanqler. 4731 North Fork Road. from BRACE,
expressed concern about the flooding expected as a result of
construction of the rail spur.
Mr. Hodge referred her comments to
John Hubbard, Assistant County Administrator.
4. William McAuley. 3951 Chaparral Drive. expressed his
opposition to the County discontinuing the leaf collection program
without adequate public notice. Supervisor McGraw requested that the
Director of General Services investigate possible alternative methods
of leaf collection.
IN RE:
ADJOURNMENT
At 9:08 p.m., Chairman McGraw declared the meeting
adjourned.
/O~~~
~~n A. McGraw, Chairman