HomeMy WebLinkAbout9/24/1991 - Regular
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S~ptember /.4, ,qq,
Roanoke County Board of Supervisors
Roanoke County Administration Center
3738 Brambleton Avenue, S.W.
Roanoke, Virginia 24018
September 24, 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 September, 1991.
IN RE:
CALL TO ORDER
Chairman McGraw called the meeting to order at 3:05 p.m.
The roll call was taken.
MEMBERS PRESENT:
Chairman Steven A. McGraw, Vice Chairman Harry C.
Nickens (Arrived 3:35 pm.), Supervisors Lee B.
Eddy, Bob L. Johnson (Arrived 3:07 p.m.), 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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September 24, 1991
IN RE:
OPENING CEREMONIES
The invocation was given by the Reverend Robert L. Wayne,
Lynn Haven Baptist Church. The Pledge of Allegiance was recited by
all present.
IN RE:
REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF AGENDA
ITEMS
Supervisor Eddy requested an Executive Session to discuss
the disposition of pUblicly-held real estate, the old Bent Mountain
Fire Station.
Mr. Hodge introduced Ms. Amy Long who is a senior at Hollins
College. She will be working with the County as an intern in the
Public Information Office.
IN RE:
PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND AWARDS
~ Resolution of Appreciation upon the retirement of
Lowell Gobble.
R-92491-1
Mr. Gobble was present to accept the resolution.
Supervisor Eddy moved to approve the resolution. The motion
carried by the following recorded vote:
AYES:
Supervisors Eddy, Robers, Johnson, McGraw
NAYS:
None
ABSENT:
Supervisor Nickens
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RESOLUTION 92491-1 EXPRESSING THE APPRECIATION OF THE BOARD OF
SUPERVISORS OF ROANOKE COUNTY TO LOWELL GOBBLE
FOR THIRTY-ONE YEARS OF SERVICES TO ROANOKE COUNTY CITIZENS
WHEREAS, Lowell Gobble has served as the Roanoke County
Extension Agent since 1960 and will retire this year after 31 years in
that office; and
WHEREAS, in the 75 years of the Extension Service, Lowell
Gobble has served as Extension Agent for Roanoke County longer than
any other agent; and
WHEREAS, Lowell Gobble has served during a period of change
in the agricultural character of Roanoke County, and yet he and his
staff have found ways to meet the needs of all the citizens,
homeowners and farmers alike, during this period; and
WHEREAS, Lowell Gobble has made an invaluable contribution
to the children of the Roanoke Valley, with his dedication to 4-H
Clubs throughout the region; and
WHEREAS, Lowell Gobble has served the Extension Service and
the State of Virginia with dedication and has been a good friend and
co-worker to the Roanoke County Board of Supervisors and Staff.
NOW, THEREFORE, BE IT RESOLVED, that the Roanoke County
Board of Supervisors, on its own behalf and on behalf of the many
residents of the Roanoke Valley who have benefitted from Mr. Gobble's
advice and friendship, does hereby extend its sincere appreciation and
gratitude to LOWELL GOBBLE for thirty-one years of capable, loyal and
dedicated service to Roanoke County citizens.
FURTHER, the Board of Supervisors does express its best
677 ~
September 24, 1991
wishes for a happy, restful, and productive retirement.
On motion of Supervisor Eddy to adopt the resolution, and
carried by the following recorded vote:
AYES: Supervisors Eddy, Robers, Johnson, McGraw
NAYS: None
ABSENT: Supervisor Nickens
~ Recoqnition of Arnold Covey for beinq named Public
Employee of the Year by the Roanoke Valley Reqional
Home Builders Association.
Arnold Covey, Director of Engineering & Inspections, was
present and recognized by Chairman McGraw.
IN RE:
NEW BUSINESS
~ Resolution of Support for Roanoke County's united Way
Campaiqn.
R-92491-2
Gardner Smith, Director of General Services, and Campaign
Coordinator for Roanoke County's United Way, was present to accept the
resolution. He distributed pledge cards to the board members.
Supervisor Johnson moved to adopt the resolution. The
motion carried by the following recorded vote:
AYES: Supervisors Eddy, Robers, Johnson, McGraw
NAYS: None
678
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ABSENT:
Supervisor Nickens
RESOLUTION 92491-2 AUTHORIZING THE APPROVAL AND SUPPORT
OF THE ROANOKE COUNTY EMPLOYEES 1991 UNITED
WAY FUND RAISING CAMPAIGN
WHEREAS, the County of Roanoke has established a solid
tradition of supporting local community services through contribution
to United Way; and
WHEREAS, it is recognized that the United Way program
extends support to many valley agencies to include emergency service
companies in the County; and
WHEREAS, it is the goal of the County in 1991 to increase
the level of contributor participation over the previous year.
NOW, THEREFORE, BE IT RESOLVED that We, the Board of
Supervisors of Roanoke County, Virginia, do support the ROANOKE COUNTY
1991 UNITED WAY FUND RAISING CAMPAIGN and encourage that the
opportunity of participation be given to employees.
FURTHER, BE IT RESOLVED that the Board of Supervisors
encourages all Team Captains to give their best efforts to ensure that
their individual departments participate and support the County and
Roanoke Valley programs in their endeavors to attain the goals set
forth.
On motion of Supervisor Johnson to adopt the resolution, and
carried by the following recorded vote:
AYES:
Supervisors Eddy, Robers, Johnson, McGraw
NAYS:
None
ABSENT:
Supervisor Nickens
679
September 24, 1991
~ Report from Mr. Briqqs Andrews. Council of Community
Services' Board Member. and Chairman. Needs Assessment
Proiect.
Mr. Andrews announced the implementation of a valley-wide
human service needs assessment by the Council of Community Services.
He distributed copies of the survey forms which will be sent to
selected target groups and key informants. The study results will be
released in the fall and a human services assembly will be conducted.
~ POlicy requirinq environmental assessment for real
estate acquisitions.
A-92491-3
Mr. Mahoney recommended that the Board adopt a policy to
require environmental audits for all fee simple real estate
acquisitions by the County, including donations or gifts. He felt
this is necessary due to the strict liabilities, irrespective of
fault, upon all parties responsible for the release of hazardous
substances. The current owner of real estate is one of the parties
responsible for the cleanup. An environmental audit is also a current
commercial practice in real estate transactions.
Mr. Mahoney advised that the procurement process was used
and the cost per transaction would be a minimum of $1,500 and billed
to the requesting department.
Supervisor Johnson questioned the cost of the audit even
though he felt it had positive aspects. Supervisor Eddy and
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Supervisor Johnson requested that discretion be used in requesting the
environmental audit.
Supervisor Eddy questioned how other policies in the County
are documented and requested a staff report on the options for
documentation and different methods for preparation of a policy
manual.
Supervisor Eddy moved to approve staff recommendation and
adopt the policy. The motion carried by the following recorded vote:
AYES:
Supervisors Eddy, Robers, Johnson, McGraw
NAYS:
None
ABSENT:
Supervisor Nickens
IN RE:
PUBLIC HEARING AND FIRST READING OF ORDINANCES - CONSENT
AGENDA
Supervisor Johnson moved to approve the First Readings and
to set the public hearings and Second Readings for October 22, 1991.
The motion carried by the following recorded vote:
AYES:
Supervisors Eddy, Robers, Johnson, Nickens, McGraw
NAYS:
None
~ An ordinance authorizinq a Use Not Provided for Permit
to allow a caretaker's mobile home in the camDqround.
located at 5753 West Main Street. Catawba Maqisterial
District. UDon the Detition of Dixie Caverns & Pottery.
Inc.
~ An ordinance to amend Droffered conditions on a 0.685
acre tract zoned M-1 and obtain a Use Not Provided For
Permit to operate a taxi service located at 4909 Cove
Road. Catawba Maqisterial District. upon the petition
of Thomas R. Hubbard. Jr.
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September 24, 1991
~ An ordinance to rezone approximatelY 2.15 acres from B-
3 to B-2 to construct a motel. located at the
intersection of Plantation Road and FriendshiD Lane.
Hollins Maqisterial District. upon the petition of
Relax. Inc.
IN RE:
SECOND READING OF ORDINANCES
~ An ordinance authorizinq the lease of a Dortion of
Green Hill Park to the Roanoke Symphony Association.
0-92491-4
Mr. Hodge requested approval of this ordinance to comply
with the required building permit for the Roanoke Symphony Polo Match
set for October 5, 1991.
Mr. Mahoney responded to several concerns of Supervisor Eddy
about minor changes in the draft agreement which was attached to the
ordinance for the Board's review. In particular, Supervisor Eddy
asked for insertion of the word "available" before electric service in
paragraph 6.d.
Supervisor Eddy objected to the non-exclusive use clause in
the agreement which stated that the County cannot use the property for
any polo match or exhibition other than the Roanoke Symphony's annual
Polo Cup without written permission from the Symphony.
In response to Supervisor Nickens' inquiry, Mr. Mahoney
stated that there is no exclusion in the agreement for payment of
admissions or meals taxes.
Supervisor Robers moved to adopt the ordinance. The motion __
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carried by the following recorded vote:
AYES:
Supervisors Eddy, Robers, Johnson, Nickens, McGraw
NAYS:
None
ORDINANCE 92491-4 AUTHORIZING THE LEASE OF REAL
ESTATE, A PORTION OF GREEN HILL PARK, TO THE
ROANOKE SYMPHONY ASSOCIATION
BE IT ORDAINED by the Board of Supervisors of Roanoke County,
Virginia, as follows:
1. That pursuant to the provisions of Section 18.04 of the
Charter of Roanoke County, a first reading concerning the lease of a
portion of Green Hill Park as shown on Exhibit "A" attached to this
ordinance was held on September 10, 1991. The second reading on this
matter was held on September 24, 1991.
2. That it is in the County's best interests to lease this
property to the Roanoke Symphony Association in order to assist the
Association in its charitable, benevolent, and educational purposes by
providing facilities for its fund-raising activities. In exchange for
the authorization to utilize a portion of Green Hill Park, the Roanoke
Symphony Association will undertake substantial and valuable
improvements to this County real estate.
3. That the County Administrator is authorized to execute such
documents and take such actions on behalf of Roanoke County as are
necessary to accomplish this transaction, all of which shall be upon a
form approved by the County Attorney.
On motion of Supervisor Robers to adopt the ordinance, and
carried by the following recorded vote:
683
September 24, 1991
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AYES:
NAYS:
Supervisors Eddy, Robers, Johnson, Nickens, McGraw
None
~ An ordinance authorizinq the acquisition of a 13.88
acre Darcel of land to construct a Water PumD station
for the SDrinq Hollow Water Proiect.
0-92491-5
Director of utility Cliff Craig advised that the staff has
negotiated a purchase price of $69,300 for a 13.88 acre parcel of land
suitable for the Glenvar intake and pump station. The construction of
the Glenvar treatment plant is part of the permit issued by the State
and Army Corp of Engineers for the Spring Hollow Reservoir.
In response to Supervisor Eddy's inquiry about additional
information he had requested concerning the Spring Hollow Project, Mr.
Craig advised that further details would be provided at a November
work session.
Mr. Don Terp, 5140 Appletree Drive, spoke on behalf of the
Concerned citizens of Roanoke Valley, and requested that the project
be delayed for six months. He felt that based on information the
Concerned citizens provided to the State Water Department, the County
was in violation of the public water system certification.
Assistant County Administrator John Hubbard advised that the
County has been in contact with the Health Department and Water
Control Board continually about the quality of the water. Staff does
not feel that there is any problem with the water quality.
Supervisor Johnson moved to adopt the ordinance. The motion
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carried by the following recorded vote:
AYES:
Supervisors Robers, Johnson, Nickens, McGraw
NAYS:
Supervisor Eddy
ORDINANCE 92491-5 AUTHORIZING THE PURCHASE OF A 13.88 ACRE PARCEL
OF LAND (TAX HAP NO. 65.00-2-55) FOR CONSTRUCTION OF A WATER PUMP
STATION
WHEREAS, in order to construct a treatment plant intake and pump
station at Glenvar in connection with the Spring Hollow Reservoir,
staff has located a certain parcel of land consisting of 13.88 acres,
more or less, in the Catawba Magisterial District of Roanoke County;
and
WHEREAS, Homer J. Duncan currently holds a contract to purchase
said parcel from the owners, George W. and Esther H. Hartless; and
WHEREAS, staff has negotiated the purchase of said parcel from
Homer J. Duncan for the sum of $69,300, being the estimated fair
market value based upon an appraisal; and
WHEREAS, the first reading of this ordinance was held on
September 10, 1991; the second reading was held on September 24, 1991.
THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That the County Administrator is hereby authorized to
acquire from Homer J. Duncan (or the present owner if necessary) a
13.88-acre parcel of land identified as Tax Map No. 65.00-2-55 for an
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September 24, 1991
amount not to exceed $69,300, which shall be paid out of the funds
available for the Spring Hollow Water Project.
2. That the County Administrator is authorized to execute such
documents and take such actions on behalf of Roanoke County in this
matter as are necessary to accomplish the acquisition of this
property, all of which shall be approved as to form by the County
Attorney.
On motion of Supervisor Johnson to adopt the ordinance, and
carried by the following recorded vote:
AYES: Supervisors Robers, Johnson, Nickens, McGraw
NAYS: Supervisor Eddy
IN RE:
APPOINTMENTS
~ Grievance Panel.
Supervisor Eddy advised that he will make a nomination at
the next meeting.
~ Industrial Development Authoritv.
Supervisor Nickens advised that a nomination from the Vinton
Town Council should be received before the next meeting.
IN RE:
CONSENT AGENDA
A-92491-6
Supervisor Nickens moved to approve the Consent Agenda. The
motion carried by the following recorded vote:
AYES: Supervisors Eddy, Robers, Johnson, Nickens, McGraw
686
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NAYS:
None
RESOLUTION 92491-6 APPROVING AND CONCURRING IN
CERTAIN ITEMS SET FORTH ON THE BOARD OF
SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS
ITEM J - CONSENT AGENDA
BE IT RESOLVED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
l. That the certain section of the agenda of the Board of
Supervisors for September 24, 1991, designated as Item J - Consent
Agenda be, and hereby is, approved and concurred in as to each item
separately set forth in said section designated Items 1 through 9,
inclusive, as follows:
1. Confirmation of Committee Appointment to Community
Corrections Resources Board and Grievance Panel.
2. Acceptance of Sanitary Sewer Facilities serving Hunting
Hills, Sewer, from Section 22.
3. Acceptance of Water and Sanitary Sewer Facilities
serving Fairway Forest Estates, section 2.
4. Donation of a water, sewer and drainage easement from
David L & Diane L. Caldwell.
5. Approval of Raffle Permit for Marine Corps Reserve Toys
for Tots Program.
6. Acceptance of 0.05 miles of Lange Lane in the Virginia
Department of Transportation Secondary System.
7. Donation of a drainage easement in connection with
Suncrest Heights Subdivision, section 3.
8. Approval of Raffle Permit for Oak Grove Elementary
School PTA.
9. Settlement of contract dispute with GTE/Vision Tech
regarding CAD software package.
2. That the Clerk to the Board is hereby authorized and
687 ...
September 24, 1991
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 Nickens to adopt the 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 inquired about the status of the leaf
collection program, CIP (Capital Improvement Program) and the
directory of County services. On leaf collection, Mr. Hodge respondeò
that there would be an article in Roanoke County Today, several
volunteer organizations have made commitments to help, and a printed
list of commercial companies will bemaileduponrequest.onCIP.Mr.
Hodge responded that the CIP has been distributed to the libraries,
administration building, board members, and other financial
institutions as needed. On the directory, Mr. Hodge responded that
staff is still working on the distribution methods. (2) He received
the summary of the privatization work session and expressed his
disappointment at the lack of results. (3) He felt the staff report
on low-flow toilets was not complete and lacked detail. (4) He
inquired about the status of sewer standards ordinance. Mr. Mahoney
advised that the County is working with the City's timetable on this
and the ordinance will be brought back when complete. (5) He
.688
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inquired about the status of the response card sent out in Roanoke
County Today. Mrs. Green advised that the report had been compiled
and copies already sent to the supervisors. (6) He asked Mr. Mahoney
when the legislative program would be complete. Mr. Mahoney advised
that this should be ready by the 10/8/91 meeting.
SUDervisor Nickens (1) He commented on the positive aspects of
the Roanoke County Today survey report and felt the County should feel
complimented because Roanoke City has recently begun publication of
"Cityscene" newsletter. (2) He offered the suggestion that plastic
bottles could be filled with water and put into toilets to conserve
water. This would eliminate the necessity and expense of low-flow
toilets.
SUDervisor Johnson (1) He welcomed Roanoke County's newest
industry, Magnetic Bearings, Inc. (MBI) at Valleypointe today and
requested a Resolution of Appreciation be prepared and presented at
the 10/8/91 board meeting. (2) He has received complaints from
residents about the low water pressure at Trevillian and Quail Place.
He requested that County staff bring back a plan to help citizens on
public water who have low water pressure. (3) He expressed concern at
the denigration of Roanoke County staff.
Supervisor Robers (l) He advised that General Motors and Volvo
met at Virginia Tech yesterday to discuss technical proposals for the
smart highway.
The Virginia Department of Transportation will be
meeting soon at Virginia Tech to determine the final route for the
road. (2) He commented that we should continue to look at areas
where we could privatize.
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September 24, 1991
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Supervisor Mcqraw ( 1) He met with the Blue Ridge Study
Commission at Blacksburg today. (2) He met with VACO/VML annexation
task force in Charlottesville. (3) He commented that governments may
need to publicize themselves such as is being done with Roanoke County
Today and Cityscene, Roanoke City's newsletter. (4) He requested that
Supervisor Nickens meet with a study committee of the Roanoke Valley
Economic Development Partnership, Inc. to discuss the feasibility of
combining the City and County economic development efforts. (5) He
advised that the City and County are discussing places where teenagers
could gather for alcohol free fun.
IN RE: CITIZENS' COHHENTS AND COHHUNICATIONS
~ Rav Scher. 2360 East Ruritan Road
Mr. Scher suggested a mediation between the County and
Fralin & Waldron to attempt to resolve the "too-tall" building
conflict without resorting to further court action.
IN RE:
REPORTS
Supervisor Johnson moved to receive and file the following
The motion carried by the following unanimous voice vote:
Supervisors Eddy, Robers, Johnson, Nickens, McGraw
None
Supervisor Eddy requested that the list of school projects
received by the Board Members from Dr. Wilson and the memo concerning
Citizens in Government from Ms. Green be received and filed as part of
the reports.
reports.
AYES:
NAYS:
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Chairman McGraw directed that these two reports should be
placed on the agenda for the October 8, 1991 meeting.
~ General Fund Unappropriated Balance
~ CaDital Fund Unappropriated Balance
~ Board Continqencv Fund
~ Accounts Paid - Auqust 1991
~ statement of Expenditures and Revenues as of August 31.
1991.
~ ReDort on pOlicy reqardinq RADAR transportation into
the County.
IN RE:
EXECUTIVE SESSION
At 4:40 p.m., Supervisor Johnson moved to go into Executive
Session following the Roanoke County Resource Authority Meeting
pursuant to the Code of Virginia Section 2.1-344 A. (3) to discuss the
disposition of publicly-held real estate, the old Bent Mountain Fire
Station. The motion carried by the following recorded vote:
AYES: Supervisors Eddy, Robers, Johnson, Nickens, McGraw
NAYS: None
IN RE: RECESS
At 4:40 p.m., Chairman McGraw declared a recess for a
meeting of the Roanoke County Resource Authority.
EVENING SESSION
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September 24, 1991
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IN RE:
EXECUTIVE SESSION
R-92491-7
At 7:03 p.m. Supervisor Nickens moved to return to Open
Session and adopt the Certification Resolution. The motion was
carried by the following recorded vote:
AYES:
Supervisors Eddy, Robers, Johnson, Nickens, McGraw
NAYS:
None
RESOLUTION 92491-7 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
the motion convening the executive meeting were heard, discussed or
considered by the Board of Supervisors of Roanoke County, Virginia.
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On motion of Supervisor Nickens to adopt the resolution, and
carried by the following recorded vote:
AYES: Supervisors Eddy, Robers, Johnson, Nickens, McGraw
NAYS: None
IN RE:
FIRST READING OF ORDINANCE
~ Ordinance acceptinq an offer for and authorizinq the
sale of 0.443 acre. more or less. known as the Old Bent
Mountain Fire station.
Mr. Mahoney added the first reading of this proposed
ordinance for the sale of the Old Bent Mountain Fire station which was
discussed in the Executive Session. He advised that the offer was
received from Dennis L. Humston in the amount of $9,000.
Supervisor Nickens commented that even though the price is
below the assessed value, a constructive use would be made of the
property rather than allowing it to deteriorate.
Supervisor Eddy pointed out that any proceeds from the sale
of this property will go to the Bent Mountain Volunteer Fire Company.
Supervisor Eddy moved to approve the First Reading and set
the Second Reading for October 8, 1991. The motion carried by the
following recorded vote:
AYES: Supervisors Eddy, Robers, Johnson, Nickens, McGraw
NAYS: None
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September 24, 1991
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IN RE:
PROCLAMATION, RESOLUTIONS, RECOGNITIONS AND AWARDS
~ Resolutions of Conqratulations to Vinton Sluqqers.
Ponytail Division. Softball Team for winninq the State
Championship.
R-92491-8
Coaches Barry Wood, Susan Wood, and Bruce Ring were present
to receive the resolution from Chairman McGraw. Vice-Chairman Nickens
gave Certificates of Appreciation to members of the team who were
present.
Supervisor Eddy moved to adopt the resolution. The motion
carried by the following recorded vote:
AYES:
Supervisors Eddy, Robers, Johnson, Nickens, McGraw
NAYS:
None
RESOLUTION 92491-8 OF CONGRATULATIONS TO THE
VINTON SLUGGERS, PONYTAIL DIVISION, SOFTBALL TEAM
FOR WINNING THE STATE CHAMPIONSHIP
WHEREAS, the Vinton Sluggers, Ponytail Division, recently
won the Virginia State Softball Championship; and
WHEREAS, the Sluggers also placed fifth in the National
Softball Championship; and
WHEREAS, athletics are an important part in the development
of the minds and bodies of young people, boys and girls alike, helping
them to develop lifelong habits of exercise and teamwork.
694
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NOW, THEREFORE, BE IT RESOLVED that the Roanoke County Board
of Supervisors does hereby extend its congratulations to the VINTON
SLUGGERS, PONYTAIL DIVISION, on their outstanding accomplishment and
statewide achievement; and
FURTHER, BE IT RESOLVED that the Roanoke County Board of
Supervisors wishes continued athletic ability and skill to each and
every member of the team.
On motion of Supervisor Eddy to adopt the resolution, and
carried by the following recorded vote:
AYES: Supervisors Eddy, Robers, Johnson, Nickens, McGraw
NAYS: None
IN RE: PUBLIC HEARINGS
991-1 SDecial ExceDtion Request of Shelva Walker to oDerate a
beauty shop located at 6961 LaMarre Drive. Hollins
Maqisterial District.
A-92491-9
Director of Planning & Zoning Terry Harrington advised that
the petitioner is requesting a special exception permit to operate a
beauty shop at her residence because of an infirmity which impedes her
ability to work outside the home. He indicated that the request
conforms to the Home Occupation Regulations in the Zoning Ordinance
and will have no significant impact on the neighborhood.
Mr. Harrington recommended approval of the special exception
permit with the following proffered conditions: (1) Maximum two
customers allowed on-site at anyone time (2) Maximum two customers'
695
September 24, 1991
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cars allowed on site at anyone time (3) Petitioner shall install
plumbing and electrical equipment to chief building official's
satisfaction before business license is issued (4) Hours of operation
shall be limited to 8:00 am to 8:00 p.m., Monday to Friday.
There were no citizens requesting to speak.
Supervisor Johnson moved to approve the Special Exception
Permit with the conditions recommended by staff. The motion carried
by the following recorded vote:
AYES: Supervisors Eddy, Robers, Johnson, Nickens, McGraw
NAYS: None
IN RE: PUBLIC HEARING AND SECOND READING OF ORDINANCES
991-2 An ordinance to rezone .71 acre from R-1 to M-1 to
allow a self-storaqe facility. located at 6426 Merriman
Road. Cave SDrinq Maqisterial District. upon the
petition of 301 Gilmer Associates. (REFERRED BACK TO
PLANNING COHHISSION ON AUGUST 27. 1991)
0-92491-10
Director of Planning & Zoning Terry Harrington advised that
this was referred back to the Planning Commission at the August 27,
1991 Board meeting for evaluation of new proffers pertaining to
removal of the building that might be submitted by 301 Gilmer
Associates. He advised that the petitioner added one proffer stating
that no new mini warehouses would be constructed on the site. The
Planning Commission recommended approval with the additional proffer.
The petitioners were present and indicated that they did not
September 24, 1991
69 6
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want to proffer that the building would not be torn down because this
could interfere with their long-range planning.
Supervisor Robers moved to approve the staff recommendation.
Supervisor Nickens expressed concern about what could be put on the
site if the building was razed and felt that the intent was for the
building to remain with internal storage. As requested by the Board,
Mr. Mahoney outlined the other uses of M-l zoning. Supervisor Johnson
expressed concern about eventual removal of the building from the
site.
In reply to Supervisor Robers, the petitioner stated that
approximately $35,000 had already been spent on improvements to the
building and stated that they have no plans to tear the building down.
The petitioner felt that it was too restrictive to proffer that the
building would not ever be torn down.
Supervisor Nickens stated his concern about the improvements
being made prior to the building's use being determined. Mr.
Harrington advised that the petitioner had obtained the proper permits
to modify the building but a certificate of Occupancy which controls
the use of the building had not been issued.
Supervisor Eddy expressed concern that future purchasers
would be able to tear down the building; however, he also felt the
building would not be demolished because of the amount of money
invested by the petitioners. Supervisor Eddy and Supervisor Robers
agreed that the petitioners should be given the opportunity to improve
the building.
Supervisor Robers moved to adopt the ordinance. The motion
697
September 24, 1991
was denied by the following recorded vote:
AYES:
Supervisors Eddy, Robers
NAYS:
Supervisors Johnson, Nickens, McGraw
DENIAL OF ORDINANCE 92491-10 TO CHANGE THE ZONING
CLASSIFICATION OF A .71 ACRE TRACT OF REAL ESTATE LOCATED AT
6426 MERRIMAN ROAD (TAX MAP NO. 97.06-1-6) IN THE CAVE
SPRING MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION
OF R-1 TO THE ZONING CLASSIFICATION OF M-1 WITH CONDITIONS
UPON THE APPLICATION OF 301 GILMER ASSOCIATES
WHEREAS, the first reading of this ordinance was held on July 23,
1991, and the second reading and public hearing was held August 27,
1991, at which time it was referred back to the Planning Commission.
Thereafter, the amended ordinance was brought before the Board of
Supervisors for a second reading and public hearing on September 24,
1991; and,
WHEREAS, the Roanoke County Planning Commission held a public
hearing on this matter on August 6, 1991, and September 3, 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:
DENIED on motion of Supervisor Robers to adopt the ordinance
by the following recorded vote:
AYES: Supervisors Eddy, Robers
NAYS: Supervisors JOhnson, Nickens, McGraw
991-3 An ordinance to obtain a Use Not Provided for Permit to
erect a self-supportinq communication tower. located
off of Twelve O'clock Knob Road. Catawba Maqisterial
698
-
-~._~-,---,-_..__._--_.
~tpmhør. 2.4. 1991
--.-----------.----.----
-- ~,. -~.. _. .....-....- --
District. upon the petition of Cellular One.
0-92491-11
Mr. Harrington advised that this request was tabled for a
number of months while the applicant waited for the FAA Regional
Office to formally comment on the application. Last month, the FAA
Regional Office responded with a determination of no hazard. Mr.
Harrington pointed out the concern expressed by Ms. Jacqueline Shuck,
Executive Director of the Roanoke Regional Airport, regarding the
location and height of the tower adding to the obstructions already on
the mountain. Mr. Harrington explained that the tower is not at the
highest elevation on the mountain nor is it the highest tower in the
area.
The Planning commission recommended approval as they felt this
tower would not be a significant factor with the non-hazardous
determination from the FAA.
Supervisor Eddy and Supervisor Johnson recommended that a
policy for the County be determined for the future location of towers.
Mr. Harrington advised that staff discussions had been initiated with
Ms. Shuck on this subject. Supervisor Nickens suggested that a study
could be undertaken for a regional solution by the Roanoke Airport
commission.
In response to Supervisor McGraw, Mr. Mahoney advised
that the County has an Airport Approach Zone Ordinance. Mr.
Harrington mentioned an administrative policy of the Planning
Department that clarifies public broadcasting towers.
Supervisor McGraw moved to adopt the ordinance. The motion
carried by the following recorded vote:
699
September 24, 1991
----'--_._--,-----
-
AYES:
Supervisors Eddy, Nickens, McGraw
NAYS:
Supervisors Robers, Johnson
ORDINANCE 92491-11 AUTHORIZING A USE-NOT-
PROVIDED-FOR PERMIT TO ERECT A SELF-SUPPORTING
COHHUNICATION TOWER LOCATED OFF TWELVE O'CLOCK
KNOB ROAD IN THE CATAWBA MAGISTERIAL DISTRICT UPON
THE APPLICATION OF CELLULAR ONE
WHEREAS, the first reading of this ordinance was held on January
22, 1991 and the second reading and public hearing was held September
24, 1991; and,
WHEREAS, the Roanoke County Planning Commission held a public
hearing on this matter on September 3, 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:
l. That a use-not-provided-for permit for a certain tract of
real estate containing 31 acres, as described herein, and located at
off Twelve O'Clock Knob Road, (Tax Map NUmber 66.00-1-12.1) in the
Catawba Magisterial District, is hereby authorized.
2. That this action is taken upon the application of Cellular
One.
3. That said real estate is more fully described as follows:
BEGINNING at a point in the center of Virginia Secondary
Route 694, also known as Twelve O'Clock Knob Road, on the
line of the property now owned by Peggy L. Moulse and on the
line of the Julia C. Powell property; thence leaving said
point of beginning and following a line between said
property owners S. 42° 57' W. 180.58 feet to an old pipe;
thence continuing between said properties, N. 87° 48' 15" W.
449.41 feet to a point; thence S. 64° 41' 45" W. 236.79 feet
70 0
_._-~.' .--","-,--,-..-.,..~,-..-.---..-.-..-'-'. --
§eptembQr 24, 1991
.-
- -- --- --~--- ----- -- ----~--
to a point; thence continuing between said properties, S.
84° 41' 45" W. 462.00 feet to an old iron on top of the
mountain; thence along the top of the mountain with a line
between the June M. Manoogian property and the property
herein described, N. 5° 00' W. 561 feet to a point; thence
continuing with same, N. 17° 30' W. 561 feet to a point,
corner to the John R. Goodman property; thence with the
Goodman property, then the Charles E. Johnston property and
the property herein described, N. 40° 30' E. 500 feet to a
point; thence with the division line between Tracts #1 and
#2, N. 87° 25' 50" E. 405.15 feet to a point in the center
of Virginia Secondary Route 694; thence with a new division
line following the center of Route 694 and dividing Tract #1
of the Peggy L. Moulse property and with the following
courses, S. 50° 08' 25" W. 41.80 feet to a point; thence
with a curve to the left whose arc is 143.42 feet and whose
radius is 80.06 feet (chord equals S. 1° 10' 47" E. 124.99
feet) to a point; thence S. 52° 30' E. 63.06 feet to a
point; thence with a curve to the right whose arc is 263.82
feet and whose radius is 197.27 feet (chord equals S. 14°
II' 12" E. 244.60 feet) to a point; thence continuing with
the center of the road, S. 24° 09' W. 121.14 feet to a
point; thence with a curve to the left whose arc is 98.88
feet and whose radius is 269.87 feet (chord equals S. 13°
37' 47" W. 98.33 feet) to a point; thence S. 3° 08' W. 41.22
feet to a point; thence with a curve to the left whose arc
is 92.79 feet and whose radius is 100.47 feet (chord equals
S. 23° 19' 25" E. 89.53 feet) to a point; thence S. 49° 46'
50" E. 42.66 feet to a point; thence with a curve to the
right whose arc is 96.74 feet and whose radius is 155.07
feet (chord equals S. 31° 54' 32" E. 95.18 feet) to a point;
thence S. 14° 02' 15" E. 63.87 feet to a point; thence with
a curve to the left whose arc is 354.79 feet and whose
radius is 308.10 feet (chord equals S. 47° 01' 37" E. 335.51
feet) to a point; thence S. 80° 01' E. 87.14 feet to a
point; thence with a curve to the left whose arc is 72.25
feet and whose radius is 89.66 feet (chord equals S. 55° 58'
30" E. 73.06 feet) to a point; thence continuing with the
center line of Route 694, S. 31° 56' E. 28.74 feet to the
point of BEGINNING and containing approximately 31 acres and
being as shown on map titled Partial Survey for G. Hampton
Moulse dated March 31, 1983, Revised February 8, 1984, by T.
P. Parker & Son, Engineers and Surveyors, Ltd.
4. That the owner has voluntarily proffered in writing the
following condition which the Board of Supervisors hereby accepts:
a. That the total height of shall not exceed 114 feet as
determined by the FAA to present no hazard to air
70 1 !
September 24, 1991
navigation.
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 McGraw to adopt the ordinance, and
carried by the following recorded vote:
AYES: Supervisors Eddy, Nickens, McGraw
NAYS: Supervisors RObers, Johnson
991-4 An ordinance authorizinq the vacation of a 20 foot
drainaqe easement located on lots 21 and 22. Vista
Forest subdivision. Windsor Hills Maqisterial District.
0-92491-12
There were no citizens to speak on this ordinance. There
was no discussion.
Supervisor Eddy moved to adopt the ordinance. The motion
carried by the following recorded vote:
AYES:
Supervisors Eddy, Robers, Johnson, Nickens, McGraw
NAYS:
None
ORDINANCE 92491-12 VACATING A 20-FOOT DRAINAGE EASEMENT
LOCATED ON LOTS 21 AND 22, VISTA FOREST SUBDIVISION (PB 10,
PAGE 158), WINDSOR HILLS MAGISTERIAL DISTRICT
WHEREAS, the Roanoke County Engineering Staff has requested the
Board of Supervisors of Roanoke County, Virginia to vacate a 20-foot
drainage easement located on Lots 22 and 22 in the Vista Forest
Subdivision, Windsor Hills Magisterial District as shown in Plat Book
702 '~
.-._--,,---~--~
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_.
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- _____. __u_. .""__'~
10, at page 158 of record in the Clerk's Office of the Roanoke County
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 September 10, 1991; and the second reading of
this ordinance was held on September 24, 1991.
BE IT ORDAINED by the Board of Supervisors of Roanoke County,
Virginia, as follows:
1. That a 20-foot drainage easement located on Lots 21 and 22 in
the vista Forest SUbdivision, Windsor Hills Magisterial District of
record in Plat Book 10, at page 158, in the Office of the Clerk of the
Circuit Court of Roanoke County, Virginia, be, and hereby is, vacated
pursuant 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 Roanoke County shall record a certified copy of this
ordinance 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 and expenses associated herewith.
On motion of Supervisor Eddy to adopt the ordinance, and carried
703
September 24, 1991
by the following recorded vote:
AYES: Supervisors Eddy, Robers, Johnson, Nickens, McGraw
NAYS: None
991-5 An ordinance vacatinq a 20 foot water line easement
located on Tract 1D, Vallevpointe. Hollins Maqisterial
District.
0-92491-13
There were no citizens to speak on the ordinance. There was
no discussion.
Supervisor Johnson moved to adopt the ordinance. The motion
carried by the following recorded vote:
AYES:
Supervisors Eddy, Robers, Johnson, Nickens, McGraw
NAYS:
None
Supervisor Johnson requested that the staff contact Mr.
Lingerfelt concerning complaints he received again about water from
Valleypointe running across Peters Creek Road.
ORDINANCE 92491-13 VACATING A 20-FOOT WATER LINE EASEMENT
LOCATED ON TRACT 1D, VALLEYPOINTE (PB 11, PAGE 46), HOLLINS
MAGISTERIAL DISTRICT
WHEREAS, the Lingerfelt Development Corporation, has requested
the Board of Supervisors of Roanoke County, Virginia to vacate a 20-
foot water easement located on Tract 1D, Valleypointe, in the Hollins
Magisterial District as shown in Plat Book 11 at page 46 of record in
the Clerk's Office of the Roanoke County 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
704
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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 September 10, 1991; and the second reading of
this ordinance was held on September 24, 1991.
BE IT ORDAINED by the Board of Supervisors of Roanoke County,
Virginia, as follows:
1. That a 20-foot water line easement located on Tract 1D,
Valleypointe, in the Hollins Magisterial District, of record in Plat
Book 11 at page 46 in the Office of the Clerk of the Circuit Court of
Roanoke County, Virginia, be, and hereby is, vacated pursuant 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 Lingerfelt Development corporation shall record a
certified copy of this ordinance 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 and expenses associated
herewith.
4. That as a further condition to the adoption of this or-
dinance, 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 Lingerfelt Development corporation, their heirs, successors, or
7 0 5 '-';
September 24, 1991
--
assigns.
On motion of Supervisor Johnson to adopt the ordinance, and
carried by the following recorded vote:
AYES: Supervisors Eddy, Robers, Johnson, Nickens, McGraw
NAYS: None
IN RE:
ADJOURNMENT
At 7:45 p.m., Supervisor Nickens moved to adjourn. The motion
carried by a unanimous voice vote.
~~w~~