HomeMy WebLinkAbout6/28/1988 - Regular
June 28, 1988
875
Roanoke County Board of Supervisors
Roanoke County Administration Center
3738 Brambleton Avenue, SW
Roanoke, Virginia 24018
June 28, 1988
The Roanoke County Board of Supervisors of Roanoke
County, Virginia, met this day at the Roanoke County
Administration Center, this being the fourth Tuesday, and the
II second regularly scheduled meeting of the month of June, 1988.
IN RE:
CALL TO ORDER
Chairman Garrett called the meeting to order at 3: 05
p.m. The roll call was taken.
MEMBERS PRESENT:
Chairman Lee Garrett, Supervisors Bob L.
Johnson, Steven A. McGraw, Harry C. Nickens
MEMBERS ABSENT:
Vice Chairman Richard Robers
STAFF PRESENT:
Elmer C. Hodge, County Administrator; John
M. Chambliss, Assistant County
Administrator for Management Services; John
R. Hubbard, Assistant County Administrator
of Public Facilities; Timothy W. Gubala,
Assistant County Administrator for
Community Development; Paul M. Mahoney,
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June 28, 1988
County Attorney,
Clerk
Mary H. Allen, Deputy
IN RE:
OPENING CEREMONIES
The invocation was given by The Reverend Charles R.
Doyle, Hollins Road Baptist Church.
The Pledge of Allegiance was
recited by all present.
IN RE:
REQUESTS TO POSTPONE, ADD OR CHANGE THE ORDER OF AGENDA
ITEMS
The Work Session on Flood Control was delayed to July
12, 1988
IN RE:
PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS
County Administrator Elmer Hodge announced that Don
Myers, Director of Management Information Services had been
appointed Assistant County Administrator.
Mr. Hodge also congratulated Director of Human
Resources Keith Cook and Director of Budget and Management Reta
Busher for completing Leadership Roanoke Valley.
A resolution of congratulations was presented to Alfred
Anderson, County Treasurer upon being elected President of the
Treasurer's Association of Virginia.
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Supervisor Johnson moved to adopt the resolution. The
motion was seconded by Supervisor Nickens and carried by the
following recorded vote:
AYES:
Supervisors Johnson, McGraw, Nickens, Garrett
NAYS:
None
ABSENT:
Supervisor Robers
RESOLUTION 62888-1 OF CONGRATULATIONS TO ALFRED
C. ANDERSON UPON BEING ELECTED PRESIDENT OF THE
TREASURERS' ASSOCIATION OF VIRGINIA
BE IT RESOLVED by the Board of Supervisors of Roanoke
County, Virginia as follows:
WHEREAS, County Treasurer Alfred C. Anderson is serving
his fourth term as Treasurer of Roanoke County; and
WHEREAS, he has been involved in the Treasurer's
Association of Virginia since 1972, serving as Secretary-
Treasurer, 2nd Vice-president and 1st Vice President; and
WHEREAS,
in recognition of his outstanding
contributions,
he was recently elected President of the
Treasurers' Association of Virginia; and
WHEREAS, this honor is an indication of the respect by
Treasurers throughout the Commonwealth of Virginia for his
abilities.
THEREFORE, BE IT RESOLVED that the Board of Supervisors
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June 28, 1988
of Roanoke County, Virginia, extends its congratulations to
Alfred C. Anderson for receiving this high honor from his peers;
and
FURTHER, the Board of Supervisors of Roanoke County
wishes to express its deep appreciation for his many years of
service and dedication to our County citizens.
On mot ion of Supervisor Johnson, seconded by Supervisor
Nickens, and upon the following recorded vote:
AYES: Supervisors Johnson, McGraw, Nickens, Garrett
NAYS: None I
ABSENT: Supervisor Robers
IN RE:
NEW BUSINESS
1. Aooroval of Lenath of Service Benefits for volunteer
fire, rescue and auxiliary Sheriff's deouties: Fire and Rescue
Chief Tommy Fuqua presented the report. These benefits would
provide monthly income to those volunteer personnel after their
years of service to the County. Chief Gillespie was present and
spoke regarding the benefit program on behalf of the volunteers.
Chief Fuqua offered several alternatives in providing
this program, based on the years of service and age. The staff
recommends approval of the program for those age 55 with 5 years
of plan participation.
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June 28, 1988
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Supervisor Nickens moved to
recommended alternative. The motion was
McGraw.
approve the staff
seconded by Supervisor
Following di scus s i on, Supervi sor Johnson offered a
substitute motion to approve alternative #2, offering the program
to those age 55 with only 3 years of plan participation. The
motion was seconded by Supervisor Garrett and carried by the
following recorded vote:
AYES: Supervisors Johnson, McGraw, Garrett
NAYS: Supervisor Nickens
ABSENT: Supervisor Robers
2. Authorization to use road bond funds for
imDrovements to Beaver Lane. Elizabeth Drive and Horn Circle:
Director of Engineering Phillip Henry advised that the staff had
met wi th residents on these roads to discuss the status of the
road improvements. The staff has also met with the developer of
Foxfire subdivision to have the improvements completed. The
staff is requesting that $6,000 be authorized from the 1985 road
bond to complete the necessary repairs.
Supervisor Nickens moved to approve the staff
recommendation. The motion was seconded by Supervisor Johnson
and carried by the following recorded vote:
AYES: Supervisors Johnson, McGraw, Nickens, Garrett
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June 28, 1988
NAYS:
None
ABSENT:
Supervisor Robers
3. Reauest to the Virainia DeDartment of
TransDortation for chanae to hiahwav markers on Route 221: Mr.
Hodge advised that the residents on Bent Mountain have requested
that the highway markers designating mileage to Airpoint be
removed as there is no longer such a community.
Supervisor Garrett moved to approve the prepared
resolution.
The motion was seconded by Supervisor McGraw and I
carried by the following recorded vote:
AYES:
Supervisors Johnson, McGraw, Nickens, Garrett
NAYS:
None
ABSENT:
Supervisor Robers
RESOLUTION 62888-4 REQUESTING THE VIRGINIA
DEPARTMENT OF TRANSPORTATION TO CHANGE HIGHWAY
MARKERS ON ROUTE 221
WHEREAS, on Route 221, there are highway markers
designating mileage to certain areas located off Route 221, and
WHEREAS, these markers include mileage to Airpoint, a
community which was once the site of a federal post office, but
no longer exists, and
WHEREAS, this marker is confusing to travelers on Route
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221, and residents who reside in the Bent Mountain community, and
WHEREAS, a logical destination to be included on the
markers on Route 221 would be that of Bent Mountain, the present
location of the federal post office, as well as a fire and rescue
department, school businesses and residences.
THEREFORE, BE IT RESOLVED that the Board of Supervisors
of Roanoke County, Virginia request that the Department of
Transportation remove the highway markers that designate mileage
to Airpoint, and replace them with markers that designate the
mileage to Bent Mountain, the present site of a post office, fire
and rescue department, a school, businesses and residences.
On motion of Supervisor Garrett, seconded by Supervisor
McGraw, and upon the following recorded vote:
AYES: Supervisors Johnson, McGraw, Nickens, Garrett
NAYS: None
ABSENT: Supervisor Robers
5. Reauest for Contribution from D-Dav Exhibit
Committee: Mr. Hodge reported that this committee had requested
a contribution toward funding of this project which includes an
exhibit at the Roanoke Valley History Museum and a video
documentary. Staff is recommending denial because the County has
already allocated funding toward cultural events for the fiscal
year.
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June 28, 1988
Supervisor Nickens moved to deny the request. The
motion was seconded by Supervisor McGraw and carried by the
following recorded vote:
AYES:
Supervisors Johnson, McGraw, Nickens, Garrett
NAYS:
None
ABSENT:
Supervisor Robers
5. Resolution a'ODrovina the 1988-89 budaet for the
Roanoke Reaional AirDort Commission:
Director of Finance Diane
Hyatt advised that since there is no deficit, the Commission Act
does not require formal approval of the budget.
However, Bond
Counsel has recommended that the participating localities approve
it. In response to a question from Supervisor Johnson, Ms. Hyatt
advised that a deficit is not expected until 1990.
Supervisor Johnson moved to adopt the prepared
resolution approving the budget.
The mot i on was seconded by
Supervisor McGraw and carried by the following recorded vote:
AYES:
Supervisors Johnson, McGraw, Nickens, Garrett
NAYS:
None
ABSENT:
Supervisor Robers
RESOLUTION 62888-6 APPROVING THE FISCAL
YEAR 1988-89 OPERATING BUDGET FOR THE
ROANOKE REGIONAL AIRPORT COMMISSION
WHEREAS, Section 17 of the contract between the City of
Roanoke and Roanoke County, Virginia requires the Roanoke
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June 28, 1988
Regional Airport Commission to prepare and submit its operating
budget for the forthcoming fiscal year to the Board of Super-
visors of the County and the City Council of the City prior to
February 15 of each year; and,
WHEREAS, the Roanoke Regional Airport Commission trans-
mitted its 1988-89 budget to the City of Roanoke and Roanoke
County by letter dated February 12, 1988; and,
WHEREAS, the Roanoke Regional Airport Commission
adopted its fiscal year 1988-89 annual operating budget at its
February 12, 1988 meeting, said budget was revised on April 20,
1988 and on May 18, 1988; and,
WHEREAS, since estimated expenses do not exceed
estimated revenues, neither participating political subdivision
has formally approved said budget.
NOW THEREFORE it is hereby resolved by the Board of
Supervisors of Roanoke County, Virginia as follows:
1. That the
1988-89 of the Roanoke
approved.
annual operating budget for fiscal year
Regional Airport Commission is hereby
2. That the Deputy Clerk to the Board of Supervisors
is hereby directed to forward a certified copy of this resolution
to the Chairman of the Roanoke Regional Airport Commission, and
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June 28, 1988
to Jack Spain, Jr., Esquire, Hunton & Williams, Richmond,
Virginia.
On motion of Supervisor JOhnson, seconded by Supervisor
McGraw and carried by the following recorded vote:
AYES:
Supervisors JOhnson, McGraw, Nickens, Garrett
NAYS:
ABSENT:
None
Supervisor Robers
6. Re or on Information S sterns and
term systems olans: Assistant County Administrator Don Myers
reported that the Systems Council had completed an evaluation of
the computer hardware and software systems. Staff is
recommending the purchase of an HP 3000 Series 950, purchase of a
Computer Aided Dispatch system including the necessary hardware.
The total cost for the county system is $450,000 and for the CAD
system is approximately $300,000. Funding for 1988-89 is
incl uded in the budget. Financing would be through a five-year
lease purchase. Funds for the CAD system have been accumulated
from the 911 telephone tax.
Supervisor Johnson asked that the staff bring back to the
Board on July 12th a timetable on how long the 911 telephone tax
would continue.
Supervisor Johnson moved to approve the staff
recommendation.
The motion was seconded by Supervisor McGraw and
carried by the following recorded vote:
AYES:
Supervisors JOhnson, McGraw, Nickens, Garrett
NAYS:
None
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June 28, 1988
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ABSENT: Supervisor Robers
7. ADDroval to Droceed with the flexible merit Dav
system: (A-62888-8) Mr. Hodge advised when the Classification
Play was approved on May 10th, permission was granted to proceed
wi th a form of pay for performance. A task force was formed
representing all ranges of county employment in 1987 to assist in
the development of a flexible merit pay program. The task force
fel t that the County should not move forward with this type of
program for all employees, feeling the need for funding and
consistent evaluation ratings. It has been decided to move
forward with a flexible pay system for those employees at grade
25 or above, or those employees who assist in the management of a
department with salary increases of 2.5%, 5%, 7.5% and 10% based
on job performance. Those employees below Grade 25 will be
eligible for their 5% salary increase plus a 2.5% meritorious
increase. The Department of Human Resources will conduct
training for supervisory personnel to assist in evaluating job
performance.
In response to an inquiry, Mr. Hodge advised that the
supervisors will begin training within three months.
Supervisor Garrett moved to approve the staff
recommendation with the addition of an evaluation review
concurrence monitoring system. The motion was seconded by
Supervisor McGraw and carried by the following recorded vote:
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June 28, 1988
AYES:
Supervisors Johnson, McGraw, Nickens, Garrett
NAYS:
None
ABSENT:
Supervisor Robers
8. ProDosed imDrovements to Bandv Road (Route 666):
Director of Engineering Phillip Henry advised that the Virginia
Department of Transportation recently held a public hearing on
preliminary plans for Bandy Road.
The citizens in the community
spoke at the public hearing and were negative concerning the
proposed project.
In response to the negative concerns, the
staff is recommending that the County request from VDOT a "No
Build" concept.
Supervisor Nickens moved to approve the staff
recommendation.
The motion was seconded by Supervisor McGraw and
carried by the following recorded vote:
AYES:
Supervisors Johnson, McGraw, Nickens, Garrett
NAYS:
None
ABSENT:
Supervisor Robers
RESOLUTION 62888-9 REQUESTING THE VIRGINIA
DEPARTMENT OF TRANSPORTATION APPROVE A "NO BUILD"
OPTION FOR ROUTE 666, BANDY ROAD, VIRGINIA DEPARTMENT
OF TRANSPORTATION PROJECT NO. 066-0880-169,C-503
BE I T RESOLVED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
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June 28, 1988
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1. That this matter carne this day to be heard upon the
proceedings, herein, and upon the application for Bandy Road,
Route 666 - Virginia Department of Transportation Project No.
066-0880-169,C-503.
2. That it appears to the Board of Supervisors that a
"NO-BUILD" option is appropriate when consideration is given to
potential disruption of the neighborhood, the cost benefit ratio
of the project, as well as safety considerations; based on
concerns expressed during the public hearing on this project
which was held June 6, 1988.
3. That said road is on the present Six-Year
Construction Plan for secondary roads, which was approved in
accordance to Section 33.1-70.01 of the Virginia State Code.
IN RE:
REQUEST FOR WORK SESSIONS
Supervisor Johnson requested a work session on radio
communications at 2 p.m. on July 12, 1988 with the consultant,
Sheriff Kavanaugh, Chief Fuqua and the county staff involved with
the radio communication system.
IN RE:
APPOINTMENTS
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June 28, 1988
Reaional Solid Waste Manaaement Board: Supervisor
McGraw nominated Mikeiel Wimmer to a four-year term expiring July
31, 1992.
IN RE;
REPORTS AND INQUIRIES OF BOARD MEMBERS
Suoervisor Johnson invited all present to attend the
Valleypointe Groundbreaking.
SUDervisor McGraw announced there had been a joint
VACo-VML meeting in Charlottesville and they hope to have a draft
paper prepared in July for presentation to the Grayson Commission
in August. The Roanoke Valley Cooperation Committee has also met
again and is making progress on cooperative ventures.
Suoervisor Nickens commended Sergeant Gerald Holt for
hi s appropriate handling of inquiries from a parent on problems
in dealing with teenagers.
Supervisor Garrett reminded those present to attend
Roanoke Valley Fair which is a sesquicentennial event this year.
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IN RE:
CONSENT AGENDA
Supervisor Nickens moved to approve the Consent Agenda.
The motion was seconded by Supervisor Johnson and carried by the
following recorded vote:
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June 28, 1988
AYES:
Supervisors Johnson, McGraw, Nickens, Garrett
NAYS:
None
ABSENT:
Supervisor Robers
RESOLUTION NO. 62888-10 APPROVING AND
CONCURRING IN CERTAIN ITEMS SET FORTH
ON THE BOARD OF SUPERVISORS AGENDA
FOR THIS DATE DESIGNATED AS ITEM I -
CONSENT AGENDA
BE I T RESOLVED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That that certain
section of the agenda of the
Board of Supervisors for June 28,
1988, designated as Item I -
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. Confirmation of committee appointments to the
Industrial Development Authority, the Planning
Commission, the Social Services Board, and the
Regional Solid Waste Management Board.
2. Acceptance of water and sewer facilities serving
Buckland Forest, Section 4.
3. Acceptance of water and sewer facilities serving
Canterbury Park, Section 2.
4. Resolution of Support for the rerouting of the
Cardinal New York to Chicago AMTRACK passenger
train through the Roanoke Valley.
5.
Acceptance of 0.06 miles of Sutherland Circle into
the Secondary System by the Va. Department of
Transportation.
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June 28 1988
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 Nickens, seconded by Supervisor
Johnson, and upon the following recorded vote:
AYES: Supervisors Johnson, McGraw, Nickens, Garrett
NAYS: None
ABSENT: Supervisor Robers
RESOLUTION 62888-10. d REQUESTING THAT AMTRACK
REROUTE THE CARDINAL CHICAGO TO NEW YORK
PASSENGER TRAIN THROUGH THE ROANOKE VALLEY
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WHEREAS, on June 14, 1988, the S al em/Roanoke Count y
Chamber of Commerce appeared before the Roanoke County Board of
Supervisors requesting support for the rerouting of the Cardinal
Chicago to New York passenger train through the Roanoke Valley,
and
WHEREAS, the Board of Supervisors of Roanoke County,
Virginia endorsed this change in the AMTRACK system, and
WHEREAS, the Roanoke Valley is the financial, cultural,
medical and transportation center for a large portion of Western
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Virginia and Southern West Virginia, and passenger train service
is a necessary element of any transportation network.
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THEREFORE BE IT RESOLVED by the Board of Supervisors of
Roanoke County, Virginia that copies of this resolution be sent
to the appropriate officials at the National Railroad Passenger
Corpora t ion (AM TRACK) urging them to consider rerouting its
Cardinal, New York to Chicago passenger train through the Roanoke
valley, and
BE IT FURTHER RESOLVED, that copies of this resolution
also be sent to other Roanoke Valley localities requesting their
support for this cause.
On mot ion of Supervisor Nickens, seconded by Supervisor
Johnson, and upon the following recorded vote:
AYES: Supervisors Johnson, McGraw, Nickens, Garrett
NAYS: None
ABSENT: Supervisor Robers
IN RE:
CITIZENS' COMMENTS AND COMMUNICATIONS
1. Horner Duff, Roanoke Count v Schools spoke expressing
concern about the consolidation of the Procurement Department and
procurement policies. His particular concern was the handling of
purchases less than $10,000 by Procurement Services.
2. Don Wetherinaton, attorney for Occidental
Development requested reconsideration of their rezoning request
that was denied on June 14, 1988.
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June 28 1988
IN RE:
REPORTS
Supervisor Nickens moved that the following reports be
received and filed. The motion was seconded by Supervisor McGraw
and carried by the following recorded vote:
AYES: Supervisors Johnson, McGraw, Nickens, Garrett
NAYS: None
ABSENT: Supervisor Robers
1. Financial Statement for the eleven months ended May I
31, 1988.
2. Capital Fund - Unappropriated Balance
3. General Fund - Unappropriated Balance
4. Reserve for Board Contingency Fund
5. Report on calendar for audit and year-end work.
IN RE:
EXECUTIVE SESSION
At 4: 45 p.m. Supervisor Garrett moved to go into
Executive Session pursuant to the Code of Virginia pursuant to
the Code of Virginia 2.1-344 (a) (3) to consider a personnel
matter. The motion was seconded by Supervisor Johnson and
carried by the following recorded vote:
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AYES: Supervisors Johnson, McGraw, Nickens, Garrett
NAYS: None
ABSENT: Supervisor Robers
IN RE: OPEN SESSION
At 5:45 p.m., Supervisor Garrett moved to return to
open session.
The motion was seconded by Supervisor Johnson and
carried by the following recorded vote:
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AYES:
Supervisors Johnson, McGraw, Nickens, Garrett
NAYS:
None
ABSENT: Supervisor Robers
IN RE: SALARIES OF THE COUNTY ADMINISTRATOR AND COUNTY ATTORNEY
Supervisor Johnson moved to set the County
Administrator's salary at $78,500 for fiscal year 1988/89. The
motion was seconded by Supervisor Garrett and carried by the
following recorded vote:
AYES: Supervisors Johnson, McGraw, Nickens, Garrett
NAYS: None
I ABSENT: Supervisor Robers
Supervisor Johnson moved to set the County Attorney's
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June 28, 1988
salary at $62,500 for fiscal year 1988/89.
The motion was
seconded by Supervisor Garrett and carried by the following
recorded vote:
AYES:
Supervisors Johnson, McGraw, Nickens, Garrett
NAYS:
None
ABSENT:
Supervisor Robers
IN RE:
RECESS
At 5:50 p.m. Chairman Garrett declared a dinner recess.
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IN RE:
EVENING SESSION
At 7:05 p.m., Chairman Garrett reconvened the meeting.
IN RE:
PUBLIC HEARINGS
Chairman Garrett advised that public hearings 688-1 and
688-2 were heard on June 14, 1988.
688-3
Petition of HOD-In Food Stores, Inc. to
rezone a 2.85 acre tract from R-1,
Residential to B-2, Business to develop a
complex including office building, I
convenience store, and donut shop, located
north of the intersection of Wood Haven Road
and Peters Creek Road in the Hollins
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Magisterial District.
HEARD ON APRIL 26, 1988)
(PETITION ORIGINALLY
CARRIED OVER TO JULY 12, 1988
This rezoning request was originally heard on April 26,
1988.
After discussion no motion was made, either to approve or
deny the petition.
The State Code requires that all motions,
resolutions or petitions for amendment to the zoning ordinance
must be acted upon and a decision made within a reasonable time.
20 citizens spoke in opposition at the Planning
Commission hearing. The significant impact factors include the
existing pond on the site and inadequate fire flow for the
proposed use.
There are proffered condi tions.
The Planning
Commission recommended approval with proffered conditions.
The following ci tizens spoke concerning this proposed
rezoning request.
1 . Steve Hawley, a resident of The Falls, who was
in support of the rezoning because it would enhance the
neighborhood.
2. o. E. Lee, Wendover Road, who was opposed to the
rezoning because of traffic at the intersection and devaluation
of property.
3.
Timothy Murphy, 7222 Longview Drive would be in
support of an office building but was opposed to the Hop-In.
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June 28, 1988
4. Jennie Montgomery, 6620 Woodhaven, was opposed to
the rezoning because of the traffic, noise level and trash from
the proposed rezoning.
5. Wayne Lafon, 6615 Woodhaven spoke in support of the
proposed rezoning because it is presently an eyesore.
Ed Natt, attorney for the petitioner was present. He
advised that the petition meets the Land Use Plan and the Zoning
Ordinance.
Since the public hearing, the petitioners have met
with the citizens in the area.
Two citizens carne to the meeting
who were opposed and after discussion were not in opposition.
The petitioners are willing to contribute $35,000
toward signalization of the intersection if the petition is
approved.
The City of Roanoke will install the signal if both
the State and petitioners contribute.
Peter Supernaut, Vice President of Hop-In Stores, was
present and outlined his efforts to gain support for the
rezoning. He advised he had met with board members previously to
find out what Hop-In could do to get their support and made the
requested changes.
In response to a question from Supervisor Nickens, Mr.
Natt advised that the traffic light would be in place in 12
months, while the project would probably be complete in six
months.
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June 28, 1988
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Supervisor McGraw moved to approve the petition with
proffered conditions.
The mot ion was seconded by Supervisor
Nickens.
Supervisor Johnson advised he was still concerned about
the gasoline tanks.
He asked County Attorney Paul Mahoney what
would result if the petition ended in a tie vote.
Mr. Mahoney
responded that in the event of a tie vote, the petition would
carryover to the next board meeting.
The vote on the petition ended in a tie by the
II following recorded vote:
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AYES: Supervisors McGraw, Nickens
NAYS: Supervisors Johnson, Garrett
ABSENT: Supervisor Robers
Chairman Garrett advised that the issue would be
brought to the next board meeting on July 12, 1988 at 3:00 p.m.
for a vote.
This would not be a public hearing, but for purposes
of a vote only.
Chairman Garrett advised a transcript of the
public hearing will be available for Supervisor Robers to review.
688-4
Petition of Chaoarral Forest Associates to
rezone a 2.97 acre tract from R-1,
Residential to R-5, Residential to construct
townhomes, located on the north side of
Chaparral Drive approximately 300 feet west
of its intersection with Beacon Drive in the
Cave Spring Magisterial District. (CONTINUED
TO JULY 26, 1988 AT THE REOUEST OF THE
PETITIONER. )
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June 28, 1988
688-5
Petition of A. T. Williams Oil Comoany to
amend the proffered conditions on a 1. 65 acre
tract to construct a convenience store with
gasoline pumps, located on the east side of
Brambleton Avenue approximately 0.3 mile
south of its intersection with Electric Road
in the Cave Spring Magisterial District.
CARRIED OVER TO JULY 12, 1988
John Hartley presented the staff report.
He advised
that the petitioner wishes to amend the conditions to construct
and operate a convenience store and delete proffers regarding the
rear portion of the site.
Three citizens expressed opposition at
the Planning Commission hearing because of increased traffic
congestion, the potential danger from underground storage of
gasoline tanks and the hours of operation.
The petitioner has
proffered conditions.
The Planning Commission recommended
denial.
Speaking in opposition to the request was J. T.
Anderson, 4915 Colonial Avenue, because of drainage and water
runoff problems, the operating hours, lighting, signage, and
and potential well contamination by underground storage of
gasoline tanks.
Ed Natt, attorney for the petitioner advised that the
only request is for an additional entrance, to limit the
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operational hours and to delete the miniwarehouse conditions on
the rear portion.
He presented a letter from the Va. Department
of Transportation stating that the two-entrance concept would be
safer than one.
Supervisor Nickens moved to grant the petition. The
motion was seconded by Supervisor McGraw. In response to a
question from Supervisor Garrett as to why the Planning
Commission defeated the petition, Mr. Natt responded that the
Planning staff treated the petition as a rezoning request rather
than an amendment to conditions.
Supervisor Garrett made a substitute motion to delay
a decision on the petition for thirty days.
The motion was
seconded by Supervisor Johnson.
Supervisor Johnson stated that he supported the delay
to ensure for proper gasoline storage.
Mr. Williams, the
peti tioner responded that the storage tanks are comparable to
buff hide.
Supervisor Nickens stated he thought that the County
had established a standard for gasoline tanks that they be buff
hide or comparable with proper monitoring.
Mr. Williams
described the storage tanks and monitoring system.
Supervisor Johnson and Nickens asked staff to establish
a policy on
gasoline storage tanks and a monitoring system
to ensure that future petitions will include these criteria.
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June 28, 1988
The vote on the substitute motion was as follows:
AYES:
Supervisors Johnson, Garrett
NAYS:
Supervisors McGraw, Nickens
ABSENT:
Supervisor Robers
Mr. Mahoney responded that since there was a tie vote,
there must be a vote on the original motion to approve the
petition. The vote was as follows:
AYES: Supervisor McGraw, Nickens
NAYS: Supervisor Johnson, Garrett
ABSENT:
Supervisor Robers
Because the vote was a tie, a vote on the petition will
be delayed to July 12, 1988.
688-6
Petition of Starkey Associates to rezone a
6.5 acre tract from M-2, Industrial to B-2,
Business to construct a shopping center,
located on the north side of Starkey Road
(Route 904) approximately 100 feet west of
its intersection with Crescent Boulevard
(Route 632) in the Cave Spring Magisterial
District.
APPROVED WITH PROFFERED CONDITIONS
Dale Castellow, Planning Department, presented the
staff report.
He advised that the shopping center will consist
of approximately 40,000 square feet and there will be two out
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June 28, 1988
901
_,..._..".'~'_"__~~_ _.d'_"
parcels. The significant factors include increase in traffic and
the number of access points which were not proffered. There are
six proffered conditions. The Planning Commission recommended
approval with proffered conditions. No one spoke in opposition
to the petition.
Sam Lionberger from Starkey Associates was present. He
outlined the plans for the proposed development. The petitioner
had met with the neighbors and addressed their concerns through
the proffers.
Supervisor Johnson moved to approve the petition with
proffered conditions. The motion was seconded by Supervisor
Nickens and carried by the following recorded vote:
AYES: Supervisors Johnson, McGraw, Nickens, Garrett
NAYS: None
ABSENT: Supervisor Robers
FINAL ORDER
NOW, THEREFORE BE IT ORDERED that the aforementioned
parcel of land which is contained in the Roanoke County Tax Maps
as Parcel 87.18-2-24 and recorded in Deed Book and legally
described below, be rezoned from M-2 District to B-2 District
BE I T FURTHER ORDERED that a copy of this order be
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90 2'
June 28, 1988
transmitted to the Secretary of the Planning Commission and that
he be directed to reflect that change on the official zoning map
of Roanoke County.
BEING 6.938 acres situated along
the north side of Virginia Route
119 (Starkey Road) in Cave Spring
Magisterial District, Roanoke
County, Virginia, said 6.938 acres,
more particularly described as
follows:
BEGINNING at a point common to
1 7 . 908 acres as conveyed to Starkey
Associates, A Virginia General
Partnership recorded in Deed Book
1282, Page 1383, in the Clerk's
Office for the Circuit Court of
Roanoke County, Virginia, the
right-of-way of said Virginia Route
119, and property of Inland
Properties, Inc., A Virginia
COrporation, as recorded in Deed
Book 886, Page 652, in the
aforesaid Clerk's Office, said
po in t also lying in a curve on the
north right of way line of said
Route 119; thence N 150 05' 59" E,
440,32 feet along the line cornrnrnon
to said 17.908 acres and said
Inland Properties, Inc. to a point;
thence along four zoning lines the
following courses, and distances;
N. 150 05' 59" E. 29.39 feet to a
point, N 730 03' 34: E, 191.11
feet to a point, S 890 14; 58" E,
229.02 feet to a point, S 760 14'
47" E, 257. 04 feet a point; thence
S 35052' 28" E 280.36 feet along
the line common to said 17.908
acres and map of Cresent Heights
Subdivision as recorded in Plat
Book 1, Page 256, in the aforesaid
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903
June 28, 1988
. -. ~'~~--'~._-..'.'.-'---'-~
Clerk's Office, to a point; said
poi n t be in g the cor n e r co mm on to
said 17.908 acres, said Cresent
Heights Subdivision and right of
way of said Route 119; thence along
the line common to said 17.908
acres and said Route 119 the
following courses and distances; S
750 30' 29" W 144.39 feet to a
point; S 780 46' 38" W, 99.50 feet
to a point, S 770 37' 08" W, 99.35
feet to a point; S 750 08' 44" W,
100.12 feet to a point, S 780 00'
29"W, 439.50 feet to a point, said
point being the beginning of a
curve to the left;thence 90.34 feet
along the arc of said curve to the
left whose radius equals 741.20
feet , delta angle equals 060 59'
01" and chord bear ing and distance
equals S 740 30' 58"W, 90.29 feet
to the point of BEGINNING and
contained a computed acreage of
6.938 acres.
PROFFER OF CONDITIONS
(1) That the B-2 permitted uses for this portion of the
property will be restricted to those currently stated in the
current Roanoke County Zoning Ordinance, Section 21-23-2-A; (1) ,
(2), (4), (6) but only for bowling centers, (7), and (10) but for
Clinic only.
(2) That the access points onto Starkey Road excluding
any industrial access roadway be limited to a maximum of three
(3)
such accesses.
(3) That
the pro j ected parking areas be aesthetically
treated with landscaping and/or planting areas.
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June 28, 1988
(4) That all dumpsters will be screened.
(5) That the maximum light pole height will be thirty
feet (30') and directed inward onto the parking areas and that
the maximum light levels at the property adjacent to residential
property will not exceed one (1) foot candle.
(6) That there will be no billboards or similar outdoor
advertising.
688-7
Petition of Elva B. Russell Beard to amend
the Future Land Use map designation of a 1.50
acre tract from Principal Industrial to Rural I
Village and to rezone said property from M-2,
Industrial to A-I, Agricultural to construct
a single family dwelling located on the south
side of West River Road (Route 639)
approximately 0.34 mile east of its
intersection with Dry Hollow Road (Route 649)
in the Catawba Magisterial District.
APPROVED WITH PROFFERED CONDITIONS
Mr. Castellow advised that this petition was originally
submitted for a 17 acre parcel.
The Planning Commission was
opposed to the change because of the incompatibility with
industrial use.
The petitioner changed his request to only 1-1/2
acres for amendment and rezoning.
At the Planning Commission
hearing, there was no citizen opposition.
The Planning
I
Commission had a 2 to 2 split vote and considered the petition to
be approved.
4=-
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June 28, 1988
905
Supervisor McGraw moved to grant the petition. The
motion was seconded by Supervisor Johnson and carried by the
following recorded vote:
AYES: Supervisors Johnson, McGraw, Nickens, Garrett
NAYS: None
ABSENT: Supervisor Robers
FINAL ORDER
NOW, THEREFORE BE IT ORDERED that the aforementioned
parcel of land which is contained in the Roanoke County Tax Maps
as Parcel 64.03-1-37 and recorded in Deed Book
and legally
described below, be redesignated from Principal Industrial to
Rural Village and rezoned from M-2 Industrial to A-I Agricultural
BE I T FURTHER ORDERED that a copy of this order be
transmitted to the Secretary of the Planning Commission and that
he be directed to reflect that change on the official zoning map
of Roanoke County.
A1.5 acre parcel of land,
designated in the cross hatched
area portion of the property on the
identification Map 64.03 of the
County of Roanoke, Virginia, and
generally located between the
Norfolk Southern Right of Way and
the Roanoke River off of State
route 639, within the Catawba
Magisterial District and recorded
as Parcel #64.03-1-37 in the
Roanoke County tax records
906
June 28, 1988
extending 255 feet along St. rt.
639 in an easterly direction from
the intersection of the creek and
extending in a southerly direction
255 feet from the intersection of
the creek.
PROFFER OF CONDITIONS
(1) That only one single family residence will be
constructed on the parcel of land to be rezoned.
688-8
Peti tion of Namron Inns. Inc. to amend the
conditions on a portion of a 2.04 acre tract
to construct a motel, located on the south
side of Electric Road approximately 300 feet I
east of its intersection with Starkey Road
(Route 904) in the Cave Spring Magisterial
District.
Mr. Hart ley advised this request also amends the
conditions on a portion of land that was approved in a previous
rezoning for Cardinal Buick to allow the property to be used for
a motel.
There was no citizen opposition at the Planning
Commission hearing, and they recommended approval with proffered
conditions.
Mr. Wayne Heslep, attorney for Namron Inns, described the
motel operation by Namron Inns.
This would be their first
project in Roanoke County and will be a budget motel called
McSleep Inn, offering modestly priced rooms.
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June 28, 1988
907
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Supervisor Nickens moved to grant the petition with
proffered conditions.
The motion was seconded by Supervisor
Garrett and carried by the following recorded vote:
AYES:
Supervisors Johnson, McGraw, Nickens, Garrett
NAYS:
None
ABSENT:
Supervisor Robers
FINAL ORDER
NOW, THEREFORE BE IT ORDERED that the aforementioned
parcel of land which is contained in the Roanoke County Tax Maps
as Parcel 87.07-1-44 and recorded in Deed Book 1189, page 1240
and legally described below, be rezoned from B-2 Business with
conditions District to B-2 Business with conditions District
BE IT FURTHER ORDERED that a copy of this order be
transmitted to the Secretary of the Planning Commission and that
he be directed to reflect that change on the official zoning map
of Roanoke County.
BEGINNING at a point at the
southeast corner of the property
of Trans-work Enterprises
(Bojangles); thence leaving said
point with the west line of the
property of Montague-Betts Company,
Inc. S. 450 45' 50" E 144.48 ft. to
a point; thence with a new division
line thru the property of Atalantis
Group, Inc. S. 480 32' 40" W 288.22
ft. to an angle point of a 50 ft.
private road; thence with east line
'90~8
June 28, 1988
of said road N 400 29' 47" w.
100.38 ft. to a point thence N 420
11' W 87.71 ft. to a point, thence
N 570 34' 36" E 280.28 ft. to the
place of beginning and containing
1.0715 acres.
PROFFERED CONDITIONS
(1) The parcel will be used for the construction and
operation of a motel.
(2) The property will be developed in substantial
conformity with the concept plan dated May 6, 1988.
(3) S ignage shall conform to the McSleep Inn standard
I
approved sign package.
688-9
petition of Sorinawood Associates to rezone a
2.25 acre tract from B-1, Business and R-l,
Residential to B-2, Business to construct an
office and retail park located immediately
west of the intersection of Brambleton Avenue
(Route 221) and Colonial Avenue (Route 720)
in the Windsor Hills Magisterial District.
APPROVED WITH PROFFERED CONDITIONS
Mr. Castelow presented the staff report.
He advised that
at the Planning Commission hearing, eight ci tizens expressed
of knowledge over what will go into the project.
There are
I
opposition to the proposal because of increased traffic and lack
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June 28, 1988
90 9
- ._~~ ---
proffered conditions. The project could generate as many as 2600
vehicle trips per day. The Planning Commission recommended
denial. The petition has submitted additional proffers since the
Planning Commission hearing.
Speaking in opposition was Dr. Glenn Torre who was
concerned about traffic congestion at the intersection.
Michael Smel tzer, attorney for the petitioner, presented
the plans for the proposed development. There will be five
separate building consisting of 21,000 square feet. The
developers planned to sell the buildings as they are built, but
decided to proffer the site plan which will make the project more
specific.
In response to a quest ion from Supervisor Johnson, Mr.
Smeltzer advised there will be very little grading. Mr. Freeman
also advised they will try to remodel the house on the property,
but plans call for part of the home to be removed with the
widening of Route 221.
Supervisor Garrett moved to approve the petition with
proffered conditions. The motion was seconded by Supervisor
Nickens and carried by the following recorded vote:
AYES: Supervisors Johnson, McGraw, Nickens, Garrett
NAYS: None
ABSENT: Supervisor Robers
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June 28 1988
FINAL ORDER
NOW, THEREFORE BE IT ORDERED that the aforementioned
parcel of land which is contained in the Roanoke County Tax Maps
as Parcel 86.08-4-07 & 08 and recorded in Deed Book 1272 page
1025 and legally described below, be rezoned from B-1 and R-1
District to B-2 District
BE IT FURTHER ORDERED that a copy of this order be
transmitted to the Secretary of the Planning Conunission and that I
he be directed to reflect that change on the official zoning map
of Roanoke County.
BEGINNING at a point on the
northwesterly side of Route 221,
said point being marked by an iron
pin and being corner to the
property of H. J. Hagan (Deed Book
1181, page 1641); thence leaving
Route 221, and with the line of the
Hagan property, N. 390 32' 35" W.
91.45 feet to an iron pin, corner
to the property of Valley
Developers (Deed Book 1228, page
1667); thence with the line of the
Valley Developers property N. 410
05'40" W. 167.12 feet to an iron
pin; thence continuing with the
line of Valley Developers, N. 410
27'20" E. 369.7 feet to a point
marked by an iron rebar, corner to
the property of F. W. Finney const.
Co.; thence leaving the property of
Valley Developers and with the line
of the F. W. Finney Const. co.
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June 28, 1988
91 I
..__,. _ ~ ~__ ....._ n._ _._~~.~< _u.
_ . _._ _.> ,~_ no__~
property the following three
courses and distances: S. 580 29'
25" E. 195.57 feet to an iron pin;
thence S. 120 39' 05" W. 39.9 feet
to an iron pin; and thence S. 110
40' 10" E. 64.65 feet to an iron
pin, said point being located on
the northwesterly side of route
221; thence wi th the northwesterly
side of Route 221, with a curve to
the left, having a radius of
1,984.86 feet, a chord bearing of
S. 500 43' 10" W., an arc distance
of 258.17 feet to an iron pin;
thence with Route 221, S. 2700 35'
50" E. 47. 47 feet to an iron pin;
thence continuing with Route 221,
S. 490 57' 25"W. 93.88 feet to a
point marked by an iron pin, the
place of BEGINNING, and containing
2.25 acres.
PROFFER OF CONDITIONS
(1) Architecture and materials to be used in the
building to be constructed on the subject property will be in a
colonial style and will be harmony with the adjacent neighborhood
properties.
The exterior of the buildings will consist of a
combination of brick and siding.
(2) The purpose of the rezoning is for the construction
and operation on the subject property of a retail and office park.
The subject property will not be used for any of the following
uses, all of which are permitted uses in a B-2 district:
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912
June 28, 1988
Residential, hotels or motels, theaters, car dealerships,
undertaking establishments and/or funeral homes, public billiard
parlors and pool rooms, bowling alleys, golf driving ranges,
animal hospitals, clinics or commercial kennels, flea markets,
public dance halls.
(3) The petitioner will plant and, thereafter, maintain
interior landscaping in each parking facility shown on the
Concept Plan.
(4) The petitioner will construct all on-site lighting
so as to focus the same on the interior of the site and so as to
avoid the impact of the lighting on adjoining properties.
Exterior light poles shall be limited to no more than 14 feet in
height. Lighting will not exceed 1 foot candle measurable below
the light at the base of the stand.
(5) No billboard advertising.
(6) The property will be developed in accordance with
the Concept Plan made by Balzer and Associates, dated May 3,
1988, except for such changes as may be required by the site plan
review. There will be a maximum of five buildings on the
property, each of such buildings containing a maximum area of
4,200 square feet. Existing house will remain, if possible.
(7) Petition agrees to screen the property in accordance
with Type D, Option 2, which provides for screening with large
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913
June 28, 1988
evergreen trees, small evergreen trees, and one row of evergreen
scrubs.
(8) Signs on the property will not exceed a total of 600
square feet.
688-10
peti tion of Victor R. Lavman II to vacate a
portion of a right-of way located at the
terminus of Buckingham Circle in the Windsor
Hills Magisterial District.
APPROVED
Mr. Castelow presented the staff report. There was not
c it i z en oppo sit i on at the Planning Commission. Staff has
recommended to the petitioner that he secure contracts from the
property owners that upon vacation, he could purchase the
property for access. The petition has secured these agreements.
Mr. Layman was present and advised that the neighbors are in
support of his request.
Supervisor Garrett moved to grant the petition. The
motion was seconded by Supervisor Johnson and carried by the
following recorded vote:
AYES:
Supervisors Johnson, McGraw, Nickens, Garrett
NAYS:
None
ABSENT:
Supervisor Robers
FINAL ORDER
,914
June 28, 1988
NOW,
THEREFORE BE IT ORDERED that the 50 foot right-of-
way hereinabove described as the terminus of Buckingham Circle
and shown on a plat be vacated.
688-11
peti tion of Bennett E. Scott for a Special
Exception Permit to operate a landfill for
construction debris on 1.50 acres of a 8.55
acre tract located east of South Indian Grave
Road (State Route 845) approximately 500 feet
south of its intersection with Back Creek
Road (State Route 676) in the Cave Spring
Magisterial District.
CONTINUED FOR 30 DAYS
Mr. Hartley advised this is a renewal of a permit that
was issued in 1984.
It is a fairly small landfill operated
infrequently.
The si te is properly maintained with proper
coverage.
The state has also approved the site.
The staff
recommends approval of the special exception permit for two years
with the following conditions:
(1) subject to State Health
Department approval; (2) have stockpiled cover material available
on site with a tracked front-end loader;and (3) controlled access
by gate.
The Department of Health will inspect quarterly to be
sure
that
conditions
are
the
adhered
to.
The Board members expressed
is no
concern
that there
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915·
June 28, 1988
_. - - . .
monitoring in place to ensure that the landfill are used
properly.
Petitioner Bennett Scott was present and explained that
the landfill was used for dirt, stumps and building materials and
the gate is kept locked.
Betty Bingham, 6421 Back Creek Road, spoke concerning
what will be dumped in the landfill and whether asbestos and lead
paint might be dumped in the landfill.
She was also concerned
about truck traffic.
Supervisor McGraw moved to table action on the petition
for thirty days to receive a report back from staff on potential
methods of controlling and monitoring these landfills. The
motion was seconded by Supervisor Johnson and carried by the
following recorded vote:
AYES:
Supervisors Johnson, McGraw, Nickens, Garrett
NAYS:
None
ABSENT:
Supervisor Robers
688-12
Public Hearing on the adoption of a
resolution concerning acquisition by Roanoke
County of an approximate fifty (50) foot
strip located adjacent to Kenworth Road for
the relocation of Kenworth Road for the
completion of the Valleypointe Project,
located in the Hollins Magisterial District.
County Attorney Paul Mahoney reported that this action will
begin condemnation proceedings on a small portion of real estate
916'·
June 28 1988
in order to implement the industrial access road intersection for
the proposed Valleypointe project. Staff has been unable through
negotiation to secure their donation or dedication of the
property. Owners have been notified by mail and the proper legal
notices have been advertised.
Jim Kinder, regional agent for American Carriers, was
present and he advised he had discussed the issue with ARA
Services and Smith's Transfer Corporation.
They are concerned
about whether the relocation of security fences, lights, and
curbing will be adequate.
They requested that the area be
marked so they may determine the impact to the business.
Mr. Mahoney advised there will still time for the
I
County to negotiate further with the company before condemnation
proceedings begin.
Supervisor Johnson moved to adopt the prepared
resolution.
The motion was seconded by Supervisor Garrett and
carried by the following recorded vote:
AYES: Supervisors Johnson, Nickens, Garrett
NAYS: None
ABSENT: Supervisor Robers
ABSTAIN: Supervisor McGraw
RESOLUTION 62888-11 PURSUANT TO SECTION
15.1-238 (e) OF THE 1950 CODE OF VIRGINIA,
AS AMENDED, SETTING FORTH THE INTENT OF
ROANOKE COUNTY TO ENTER UPON CERTAIN
PROPERTY AND TO TAKE A CERTAIN
RIGHT-OF-WAY FOR THE RELOCATION OF
KENWORTH ROAD IN CONNECTION WITH THE
VALLEYPOINTE PROJECT.
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June 28, 1988
91 7'
BE I T RESOLVED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That the relocation of Kenworth Road is being under-
taken by the County of Roanoke to allow for a new signalized
intersection to be constructed on Peters Creek Road and to re-
locate existing Kenworth Road access to interconnect with
Valleypointe Parkway; and,
2. That in order to complete this relocation, a cer-
tain right-of-way is needed and more particularly described as
follows:
A triangular shaped parcel containing
23,100±. square feet located in the
extreme eastern corner of a 10. 78 acre
tract owned by Smith's Transfer
Corporation (said corporation being owned
by ARA Services) and being shown on the
attached plat which is a part of the
appraisal report prepared by John
Lipscomb, MAI, dated June 10, 1988.
The fair market value of the aforesaid
interest to be acquired is $61,500.00,
such compensation and damages, if any,
having been offered the property owner.
3. That it is immediately necessary for the County to
enter upon and take such property and commence said road improve-
ments (i. e., the relocation of Kenworth Road) in order to create
~
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June 28, 1988
better access, visibility, and to improve traffic safety to
better serve the citizens of Roanoke County and to thereafter
inst it ute and conduct appropriate condemnation proceedings as to
said right-of-way; and,
4. That pursuant to the provisions of Section
15.1-238 (e) of the 1950 Code of Virginia, as amended, and pursu-
ant to notice and public hearing as made and provided therein,
the Board does hereby invoke all and singular the rights and priv-
ileges and provisions of said Section 15.1-238(e) as to the vest-
ing of powers in the County pursuant to Section 33.1-119 through
Section 33.1-129 of the 1950 Code of Virginia, as amended, all as
I
made and provided by law.
On motion of Supervisor Johnson, seconded by Supervisor
Garrett and carried by the following recorded vote:
AYES: Supervisors Johnson, Nickens, Garrett
NAYS: None
ABSENT: Supervisor Robers
ABSTAIN: Supervisor McGraw
688-13
Public Hearing and First Reading of Ordinance
amending and reenacting Sections 21-151, 1..e.n
of Tax; Amount and 21-153, ReDorts and
Remittances Generallv of the Roanoke County I
Code and adding Section 21-165 of the Roanoke
County Code, Severability.
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June 28, 1988
Mr. Mahoney advised that this ordinance will amend the
ordinance on the meals tax which will place the ordinance in line
wi th the General Assembly action on the matter.
Mr. Mahoney
requested waiver of the second reading so that the amendment will
go into affect on July 1st with the meals tax.
The amendment
allows for meals tax for meals served on premises, and that the
presumption will be all restaurants serving meals on premises
will charge a meals tax.
No citizen was present to speak to the ordinance.
In response to a question from Supervisor McGraw as to
how the ordinance will operate, Mr. Mahoney advised that
restaurants serving carry out food would not charge a meals tax,
while those who serve both off and on premises would charge a
meals tax unless the meal was delivered off the premises.
Supervisor Nickens
moved to approve the ordinance and
wai ve second reading.
The motion was seconded by Supervisor
Garrett and carried by the following recorded vote:
AYES:
Supervisors Johnson, McGraw, Nickens, Garrett
NAYS:
None
ABSENT:
Supervisor Robers
688-14
Public Hearing and Second Reading of
Ordinance amending Chapter 20, "Solid Waste"
of the Roanoke County Code by the repeal and
reenactment of Section 20-24 "Rates and
Charaes" by providing for the establishment
of certain regulations concerning curbside
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920
June 28, 1988
refuse collection, premium refuse collection,
and increasing certain charges for premium
refuse collection service.
Mr. Mahoney advised that the first reading of the
ordinance was held on June 14, 1988 and this reading includes a
public hearing because we are increasing rates for premium refuse
service.
In response to a question from Supervisor McGraw,
Director of General Services advised that 150 residents are
utilizing paid premium refuse service out of 23,000.
Supervisor Nickens moved second reading of
the I
ordinance.
The motion was seconded by Supervisor Johnson and
carried by the following recorded vote:
AYES:
Supervisors Johnson, McGraw, Nickens, Garrett
NAYS:
None
ABSENT:
Supervisor Robers
ORDINANCE 62888-13 AMENDING CHAPTER
20, II SOLID WASTE, II OF THE ROANOKE
COUNTY CODE, BY THE REPEAL AND
REENACTMENT OF SECTION 20-24, nRATES
AND CHARGES II BY PROVIDING FOR THE
ESTABLISHMENT OF CERTAIN REGULATIONS
CONCERNING CURBSIDE REFUSE COLLECTION,
PREMIUM REFUSE COLLECTION, AND
INCREASING CERTAIN CHARGES FOR PREMIUM
REFUSE COLLECTION SERVICE
WHEREAS, upon due notice and advertisement the citizens I
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June 28, 1988
921
"
of Roanoke County were given an opportunity to appear at a public
hearing on this amendment on June 28, 1988; and
WHEREAS, the first reading of this ordinance was held
on June 14, 1988, and the second reading and public hearing was
held on June 28, 1988; and
WHEREAS, by Resolution 85-147 adopted by the Board of
Supervisors of Roanoke County on September 3, 1985, said Board
established certain policies for curbside collection of refuse;
and
WHEREAS, by Resolution 85-183.E. adopted on October 22,
1985, the Board established a premium refuse collection service.
NOW, THEREFORE, BE IT ORDAINED by the Board of Supervi-
sors of Roanoke County, Virginia, as follows:
1. That Section 20-24 be repealed as follows:
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2. That a new section numbered 20-24 and entitled
"Rates and Charges" be, and hereby is, adopted to read and pro-
vide as follows:
Sec. 20-24. Rates and charges.
1. Definitions
"RESIDENTIAL CUSTOMERS" shall include single-family,
duplexes, and single lot mobile homes.
~
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922 f
June 28 1988
"COMMERCIAL, BUSINESS, APARTMENT, MOBILE HOME PARKS,
AND INSTITUTIONAL SERVICE" shall be by application only.
"ROAD" shall be defined as a passable street or roadway
serving three or more separate residences or businesses.
"CURBSIDE" shall be defined as the point at which a lot
adjoins a road.
"BACKYARD SERVICE" will be provided to qualifying dis-
abled, handicapped, or elderly citizens.
"DISABLED" Everyone residing in the structure must be
disabled or handicapped and unable to carry refuse to the curb-
side. Disabilities or handicaps must be certified by a physician.
Qualified applicants must make their own arrangements to have any
materials that are not part of their regular household refuse
placed at the curb for collection.
"PREMIUM REFUSE COLLECTION SERVICE" shall include col- I
lection of trash or refuse that is not normal household garbage,
such as grass, leaves, and other materials that can be container-
ized and weigh 50 lbs. or less at the residents' backyard.
2. Specific collection categories shall be as follows:
Roanoke County shall provide once per week curbside
service to all residential customers in Roanoke County.
COMMERCIAL AND BUSINESS CUSTOMERS, APARTMENTS, MOBILE
HOME PARKS, AND INSTITUTIONAL:
Roanoke County shall provide once per week service to
all licensed commercial establishments generating not more than
10 cans, 30-gallons each of refuse per week. (Ten bags may be
substituted.) All establishments generating more than this
amount will have the option to pay a collection charge as shown
below, or secure a private collection service:
11-15 cans per week.........................$ 5.00
16-20 cans per week......................... 10.00
21-15 cans per week......................... 15.00
26-30 cans per week......................... 20.00
31-35 cans per week......................... 25.00
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June 28, 1988
923
D _,~_,~ ,.,.~_
All generators of over 35 cans per week are not elig-
ible for County collection and will be required to secure private
collection.
NON-COUNTY RESIDENTS:
Roanoke County shall provide weekly service to non-
county residents upon application and agreement to pay a collec-
tion fee of $10.00 per month.
CONDOMINIUMS AND TOWNHOUSES (FOR SALE) :
Roanoke County shall provide once per week curbside or
single location service to all condominium and townhouse develop-
ments.
3. Premium Refuse Collection Service will be provided
to all residential households on an individual application basis.
The charge for premium refuse collection will be a minimum of
$5-;-66 $ 8.00 per month and will include backyard service up to
100 feet from the curbside pickup location; and
4. For each additional 100 feet or fraction thereof
over the initial 100 feet, an additional $4-;-66 $5. 00 charge
will be made. Premium Refuse Collection charge per month is as
follows for the distance indicated:
100 feet or less $-5-;-66 $ 8.00/month
101 201 feet --9-;-66 13.00/month
201 300 feet -3:3-;-66 18.00/month
301 400 feet -3:9-:-66 23.00/month
401 500 feet -23:-;-66 28.00/month
501 600 feet -25-;-66 33.00/month
601 700 feet -29-;-66 38.00/month
701 800 feet -33-;-66 43.00/month
801 900 feet -3=1-;-66 48.00/month
901 - 1000 feet -43:-;-66 53.00/month
($4-;-66 $5.00 for each additional 100 feet)
5. That an application charge in the amount of $20.00
shall be made in advance together with proper application upon
forms approved by the County; and
6. That Premium Refuse Collection charges shall be
paid in advance on a quarterly basis; and
",..-
924
June 28, 1988
~
7. County residents who are elderly, disabled, or hand-
icapped and who are unable to carry refuse, trash, or garbage to
the curbside and who satisfy the County regulations and policies
concerning same are eligible for premium service at no charge.
8. The County Administrator or his designee is autho-
rized to develop and implement such regulations as may be neces-
sary to accomplish the purposes of this ordinance.
9. That this ordinance shall be in full force and
effect from and after July 1, 1988.
On motion of Supervisor Nickens, seconded by Supervisor
Johnson and carried by the following recorded vote:
AYES:
Supervisors Johnson, McGraw, Nickens, Garrett
NAYS:
ABSENT:
None
Supervisor Robers
I
IN RE:
FIRST READING OF ORDINANCES
1. Ordinance authorizina the execution and assianment
of a real estate contract to acauire aODroximatelv 600 acres of
real estate located in the vinton Maaisterial District from the
heirs of James E. Palmer: Mr. Hodge reported that staff has
negotiated with the executor of the Palmer property and have now
reached agreement. This property was to be used either by the
EXPLORE project or for future landfill use. It has been decided
that it is not suitable for landfill use and the property will
pass to the River Foundation for the EXPLORE project. Costs
will be reimbursed to the County.
Bern Ewart from the River Foundation was present and
explained what will be done with the property. No citizens were I
present to speak to the ordinance.
I
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June 28, 1988
925
","_,æ __ .~~. ,
Supervisor Nickens moved to approve the ordinance with
the amount of $5,000 per acre. The motion was seconded by
Supervisor Johnson and carried by the following recorded vote:
AYES: Supervisors Johnson, McGraw, Nickens, Garrett
NAYS: None
ABSENT: Supervisor Robers
2. Ordinance authorizina the conveyance of an easement
to David A. Kinsler for driveway and landscaDina Durooses: Mr.
Mahoney advised that Mr. Kinsler's property encroached upon a
well lot owned by the County and he would like to buy this piece
of property located in Canterbury Park subdivision. This will
allow him to close on his property. It will not adversely
affect the well lot according to the Utility Department and State
Health Department.
Supervisor Nickens moved to approve first reading. The
motion was seconded by Supervisor Garrett and carried by the
following recorded vote:
AYES: Supervisors Johnson, McGraw, Nickens, Garrett
NAYS: None
ABSENT: Supervisor Robers
IN RE:
SECOND READING OF ORDINANCES
~
92.~
June 28, 1988
1. Ordinance amendina Chaoter 2, Article II,
Procurement Practices, concernina the Purchasina aaent and small
Durchases:
Mr. Mahoney advised that the first reading of the
ordinance was held on June 14. 1988.
Horner Duff, Roanoke County Schools, was present, and
explained he was concerned with the implementation of
consolidation of the County and School procurement services.
In response to a question from Supervisor Nickens, Mr.
Mahoney stated the ordinance would limit the purchases that would
be handled by the County staff, and would not include
architectural services or school buildings.
Supervisor Garrett moved to approve the ordinance. The
motion was seconded by Supervisor Nickens and carried by the
following recorded vote:
AYES:
Supervisors Johnson, McGraw, Nickens, Garrett
NAYS:
None
ABSENT:
Supervisor Robers
ORDINANCE 62888-14 AMENDING CHAPTER
2, ARTICLE II, "PROCUREMENT PRACTICES",
AND CHAPTER 17, ARTICLE I, SECTION 4,
"PROCUREMENT CODE" CONCERNING THE
OPERATION OF A CENTRALIZED COMPETITIVE
PURCHASING SYSTEM UNDER THE DIRECTION
OF THE DIRECTOR OF PROCUREMENT
SERVICES
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June 28, 1988
92 7
WHEREAS, Section 15.1-117 (12) of the Code of Virginia,
1950, as amended, provides that the County Administrator shall
act as purchasing agent for the County; and
WHEREAS, Section 15.1-127 of the Code of Virginia,
1950, as amended, directs that the governing body of any county
having a county administrator is authorized to provide for the
centralized competitive purchasing of all supplies, equipment,
materials, and commodities for all departments, officers, and
employees of the county, including the County School Board; and
WHEREAS, Chapter 17, Article I, Section 4, of the Roa-
noke County Code entitled Purchasinq system created: ourchasina
aaent aenerallv and Chapter 2, Article II, Section 11 entitled
Establishment, aODointment, and bond of ourchasina aaent provides
for the creation of a purchasing system for the County to operate
under the direction and supervision of the County Administrator,
who shall be the purchasing agent for the County. The purchasing
agent may delegate the administrative purchasing responsibility
to a responsible subordinate upon approval of the Board of Super-
visors.
WHEREAS, the Board of Supervisors of Roanoke County,
Virginia, on March 12, 1985, enacted Ordinance #85-33 amending
Chapter 2, Article II, Procurement Practices, concerning the pur-
chasing agent and small purchases; and
9·2~8
June 28, 1988
WHEREAS, the Board of Supervisors of Roanoke County,
Virginia, on September 24, 1985, enacted Ordinance #85-161 amend-
ing and revising the Roanoke County Code Chapter 17, Procurement
and Chapter 2, Oraanizational structure of county administration,
placing the Department of Procurement under the supervision of
the County Administrator, ; and
WHEREAS, the Board of Supervisors of Roanoke County,
Virginia, hereby amends the above-referenced ordinances upon the
passage of these amendments; and
WHEREAS, the first reading on this ordinance was held
I
on June 14, 1988, and the second reading on this ordinance was
held on June 28, 1988.
NOW, THEREFORE, BE IT ORDAINED by the Board of Supervi-
sors of Roanoke County, Virginia, as follows:
1. That Chapter 2, Administration of the Roanoke
County Code be amended as follows:
Sec. 2-11. Establishment, appointment, and bond of purchasing
agent.
a) For the county there is hereby created a purchasing
system to operate under the direction and supervision of the
county administrator.
b) The purchasing agent for the county shall be the
county administrator. The purchasing agent may delegate the
administrati ve purchasing responsibilities to a responsible sub-
ordinate upon approval of the governing body.
c) The purchasing agent, or his designee, for the I
county shall be bonded. The form and amount of the bond shall be
determined by the governing body.
~
929
June 28, 1988
d) The ourchasing aaent hereby deleaates the adminis-
trative Durchasina resDonsibilitv, includina the ooeration of the
centralized ourchasina system of all suoolies, eauioment, mater-
ials, and commodities for all deDartments, officers, and emolov-
ees of the countv, includina the county school board, to the
director of orocurement services.
2. That Chapter 17, Procurement Code, of the Roanoke
County Code be amended as follows:
Sec. 17-4. Purchasing system created; purchasing agent general-
ly.
I
a) There is hereby created a purchasing system for the
county to operate under the direction and supervision of the
county administrator, who shall be the purchasing agent for the
county. The purchasing agent may delegate the administrative
purchasing responsibility to a responsible subordinate, upon
approval of the board of supervisors. The purchasing agent and
such designated subordinate shall be bonded, the form and amount
of bond to be determined by the board of supervisors.
b) The ourchasina aaent hereby deleaates the adminis-
trative ourchasina resoonsibilitv, includina the operation of the
centralized ourchasina system of all suoolies, eauioment, mater-
ials, and commodities for deDartments, officers, and emolovees of
the countv. includinq the county school board to the director of
orocurement services.
3. That the first reading on this ordinance was held
on June 14, 1988; the second reading on this ordinance was held
on June 28, 1988.
4 . That this ordinance shall be in full force and
effect from and after July 1, 1988.
On motion of Supervisor Garrett, seconded by Supervisor
II Nickens and carried by the following recorded vote:
AYES:
Supervisors Johnson, McGraw, Nickens, Garrett
930
June 28, 1988
NAYS:
ABSENT:
None
Supervisor Robers
2. Ordinance acceotina an offer and authorizina the
conveyance of a right-of-way and easement to ADDalachian Power
ComDanv:
Supervisor Nickens moved to approve the prepared
ordinance.
The motion was seconded by Supervisor Johnson and
carried by the following recorded vote:
AYES:
Supervisors Johnson, McGraw, Nickens, Garrett
NAYS:
None
ABSENT:
Supervisor Robers
ORDINANCE 62888-15 ACCEPTING AN OFFER
AND AUTHORI ZING THE CONVEYANCE OF A
RIGHT OF WAY AND EASEMENT TO APPALACHIAN
POWER COMPANY
BE I T 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. utility easement; and
2. That pursuant to the provisions of section 18.04 of
the charter of Roanoke County, a first reading concerning the
disposition of the subject property was held on June 14, 1988; a
second reading was held on June 28, 1988; and
I
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93 1
June 28, 1988
3. That the right of way and easement are located on
property owned by Roanoke County in the Catawba Magisterial
District located on the westerly side of Northside High School
Road, near the Roanoke County Public Safety Building; and
4. That the offer of Appalachian Power Company in the
amount of $1.00 is hereby accepted and all other offers
are rejected; and
5. That the proceeds from the sale of the right of way
and easement are to allocated to the capital reserves of Roanoke
County; and
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 motion of Supervisor Nickens, seconded by Supervisor
Johnson and the following recorded vote:
AYES: Supervisors Johnson, McGraw, Nickens, Garrett
NAYS: None
ABSENT: Supervisor Robers
3. Ordinance authoriz inq the conveyance of certain
real estate for economic develooment ourooses (Vallevoointe):
~
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932
June 28, 1988
motion
Superv1eor JOhn.on moved to ."-"-""-"-"¡,ov. the
~~ O~Q~n.nQ.. fhe
was seconded by Supervisor Nickens d
an carried by the
following recorded vote:
AYES: Supervisors JOhnson, Nickens, Garrett
NAYS: None
ABSENT: Supervisor Robers
ABSTAIN: Supervisor McGraw
ORDINANCE 62888-16 AUTHORIZING THE
CONVEYANCE OF CERTAIN REAL ESTATE FOR
ECONOMIC DEVELOPMENT PURPOSES
(VALLEYPOINTE)
Corporation have entered into a series of agreements with respect
WHEREAS, Roanoke County and Lingerfelt Development
I
to the development of a mixed-use business park in the vicinity
of the southeast intersection of Interstate Routes 81 and 581 in
Roanoke County, Virginia, identified as the Valleypointe Project;
and
WHEREAS, the County has approved a pro ject document
concerning this project at its meeting on December 1, 1987, and
has amended said project document at its meeting on May 10, 1988;
and
WHEREAS, the County has requested the Virginia Depart-
ment of Transportation to construct an industrial access road to
serve Valleypointe; and
I
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June 28, 1988
93 S·
WHEREAS, by Ordinance No. 11288-7 adopted on Jan-
uary 12, 1988, the Board has authorized the acquisition and con-
veyance of certain real estate to assist in the development of
this project; and
WHEREAS, these actions on the part of the County serve
an important public purpose by promoting and benefiting the
regional public purposes of the Roanoke Regional Airport Commis-
sion as well as serving an important public purpose by promoting
industrial and economic development in Roanoke County and in the
Roanoke Valley; and
WHEREAS, the real estate that is the subject of this
ordinance is deemed surplus for the purposes of Section 16.01 of
the Roanoke County Charter and is being made available to serve a
valid public purpose, namely, to promote the industrial and econ-
omic development of Roanoke County and of the Roanoke Valley.
NOW, THEREFORE, BE IT ORDAINED by the Board of Supervi-
sors of Roanoke County, Virginia, as follows:
1. That pursuant to the provisions of Section 18.04 of
the Charter of Roanoke County, the first reading on this ordin-
ance was held on June 14, 1988, and the second reading on this
ordinance was held on June 28, 1988.
2. That the offer of Lingerfelt Development Corpora-
tion to acquire approximately 2. 7 acres of real estate for the
934
June 28, 1988
sum of Thirty-two Thousand Five Hundred Dollars ($32,500) per
acre is hereby accepted. All other offers are rejected.
3. That said 2. 7 acres of real estate is a portion of
that real estate acquired by Roanoke County from the Roanoke
Regional Airport Commission pursuant to Ordinance No. 11288-7
adopted on January 12, 1988.
4 . That the net proceeds from the sale of said real
estate shall be allocated to the capital facility account for the
Valleypointe Pro ject. Any proceeds from this capital facility
account shall be expended for the purpose of acquisition, con-
struction, maintenance, or replacement of capital facilities and
public infrastructure improvements to serve the Valleypointe Pro-
ject.
I
5. That the execution of the option agreement dated
the 5th day of June, 1988, executed by the County Administrator
is hereby authorized, ratified, confirmed, and approved.
6. That the County Administrator is hereby authorized
to take such actions and to execute such documents as may be
necessary to accomplish the purposes of this ordinance, all upon
form approved by the County Attorney.
On motion of Supervisor Johnson, seconded by Supervisor
Nickens and carried by the following recorded vote:
AYES: Supervisors Johnson, Nickens, Garrett
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NAYS:
ABSTAIN:
ABSENT:
IN RE:
935
June 28, 1988
None
Supervisor McGraw
Supervisor Robers
ADJOURNMENT
Supervisor Nickens moved to adj ourn at 10: 00 p. m. . The
motion was seconded by Supervisor Johnson and carried by a
unanimous voice vote.
¿ - q/--t-¥
Lee Garrett, Chairman