HomeMy WebLinkAbout7/26/1988 - Regular
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July 26, 1988
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Roanoke County Board of Supervisors
Roanoke County Administration Center
3738 Brambleton Avenue, SW
Roanoke, Virginia 24018
July 26, 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
second regularly scheduled meeting of the month of July, 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, Vice Chairman Richard
Robers, Supervisors Bob L. Johnson, Steven
A. McGraw
MEMBERS ABSENT:
Supervisor Harry C. Nickens (arrived at
5:00 p.m.)
STAFF PRESENT:
Elmer C. Hodge, County Administrator; John
M. Chambliss, Assistant County
Administrator for Human Services; John R.
Hubbard, Assistant County Administrator of
Community Services and Development; Don M.
Myers, Assistant County Administrator for
Management Services; Paul M. Mahoney,
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July 26, 1988
County Attorney,
Clerk
Mary H. Allen, Deputy
IN RE:
OPENING CEREMONIES
The invocation was given by the Reverend Mark Graham,
St. Marks Lutheran Church.
The Pledge of Allegiance was recited
by all present.
IN RE:
PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS
1. Presentation of check from State of Virainia for I
fundina of Reaional Hazardous Materials ResDonse Team:
Addison
Slayton, Coordinator of the Department of Emergency Services for
the Commonwealth of Virginia presented a check for $43,835 to
Fire and Rescue Chief Tommy Fuqua and Board Chairman Lee Garrett.
Thi s is the first year's funding of a three-year grant for the
establishment of a Regional Hazardous Materials Response Team.
Chief Fuqua stated the money will be used for cost of the
operation
and maintenance of the equipment.
2 .
Introductions:
County Administrator Elmer
Hodge
introduced Brian Duncan, who is the new Economic Development
Specialist for Roanoke County.
He also introduced boy scouts in
the audience who were attending the meeting to work toward their
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merit badges.
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July 26, 1988
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IN RE:
NEW BUSINESS
1. ADDroval of Financina Plan for Revenue Bonds of the
Roanoke Reaional AirDort:
Director of Finance Diane Hyatt
reported that on July 22nd, the Roanoke Regional Airport
Commission held a public hearing to approve the financing of
$7,300,000 for the construction, expansion and equipping of an
airport terminal facility through the issuance of revenue bonds.
Both the City of Roanoke and County of Roanoke must formally
I adopt a resolution approving the issuance of these revenue bonds.
This will not change any previous commitments to the Airport
Commission.
Supervisor Johnson, a member of the Airport
Commission updated the board on the progress at the construction
site. He advised it is 22% complete.
Supervisor Johnson moved to approve the resolution.
The motion was seconded by Supervisor Garrett and carried by the
following vote:
AYES:
Supervisors Johnson, Robers, McGraw, Garrett
NAYS:
None
ABSENT:
Supervisor Nickens
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RESOLUTION 72688-1 APPROVING CERTAIN
CAPITAL EXPENDITURE FINANCING FOR THE
ROANOKE REGIONAL AIRPORT COMMISSION
03 S
July 26, 1988
WHEREAS, Roanoke Regional Airport Commission (the Com-
mission) was created pursuant to the provisions of Chapter 140 of
the Acts of the 1986 General Assembly (the Enabling Act); and
WHEREAS, on July 22, 1988, the Commission adopted a
resolution (the Resolution) approving a plan of financing for the
issuance by the Commission of its airport revenue bonds or notes
(the Bonds) in an amount now estimated not to exceed $7,300,000,
the proceeds of such Bonds to be used to finance a portion of the
costs of the expansion and modernization of certain airport facil-
ities (the Project) located at the Roanoke Regional Airport, Wood-
rum Field (the Airport), and has held a public hearing thereon on I
such date; and
WHEREAS, the Commission has requested the Board of Sup-
ervisors of the County of Roanoke, Virginia (the County), to
approve the plan of financing as required by Section 147 (f) of
the Internal Revenue Code of 1986, as amended (the Code) and Sec-
tion 15.1-1378.1 of the Code of Virginia, as amended (the State
Code); and
WHEREAS, a copy of the Commission's resolution approv-
ing the plan of financing, subject to terms to be agreed upon, a
record of the public hearing and a "fiscal impact statement" with
respect to the Project have been filed with the Board.
BE IT RESOLVED by the Board of Supervisors of Roanoke I
County, Virginia, as follows:
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July 26, 1988
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1 . The Board hereby approves the plan of financing of
the Commission for the benefit of the Project, to the extent re-
quired by Section 147(f) of the Code and Section 15.1-1378.1 of
the State Code, to permit the Commission to finance the Project.
The Board confirms that the entire Project is a "capital expendi-
ture" within the meaning of Section 17 of the Contract of January
28, 1987 (the Contract), by and between the City of Roanoke, the
County of Roanoke, and the Roanoke Regional Airport Commission,
which has been approved by it on January 12, 1988.
2 . Approval of the plan of financing as required by
Section 147 (f) of the Code does not constitute an endorsement of
the Bonds, but as required by the Enabling Act, the Bonds shall
provide that the Bonds shall not be a debt of the Commonwealth of
Virginia or any political subdivision thereof, other than the
Commission, and, except to the extent payments are made pursuant
to the Contract, neither the Commonwealth of Virginia nor any
political subdivision thereof, other than the Commission, shall
be liable, thereon, nor shall the Bonds be payable out of any
funds or properties other than those of the Commission.
3. This resolution shall take effect immediately upon
its adoption.
On motion of Supervisor Johnson, seconded by Supervisor
Garrett, and upon the following recorded vote:
AYES: Supervisors Johnson, Robers, McGraw, Garrett
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Jul 26, 1988
NAYS:
ABSENT:
None
Supervisor Nickens
2. County Policy reaardina solid waste disDosal areas:
Dale Castellow advised that the Board had requested a policy
following the application of B. E. Scott to renew a Special
Exception Permit to operate a debris landfill. Tim Beard,
responsible for enforcement of the permit process, described the
normal procedure for renewal of a Special Exception Permit every
two years. They are presently inspected at random. If monthly
inspections are continued it could be done with the existing I
staff. However, more frequent inspections would require
additional staff. Staff recommends continued monthly
inspections and request of the Regional Solid Waste Management
Board to study the feasibility of long range options.
Mr. Beard advised that there are only two legally
operated landfill in existence at the present time. Staff is
usually able to recognize hazardous materials by their
containers. Supervisor Johnson suggested permit fees be
increased to allow for additional staff to inspect the landfills.
Supervisor McGraw pointed out that increased fees and stricter
enforcement might result in dumping along the sides of roads.
Staff was requested to redefine the pOlicy with long-
term solutions and bring a report back to the board. II
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July 26, 1988
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3. Authorization for County Administrator to execute
certain aareements and aDDroDriation of funds for TWEEDS; and
resolution recommendina bondina of access road: Economic
Development Director Timothy Gubala advised that Roanoke County
and Botetourt County had been advised that their joint Community
Development Block Grant application was approved for $192,640.
Botetourt County has been unable to receive industrial access
funds from the Va. Department of Transportation because it did
not qualify. It will be necessary, therefore, for Roanoke County
to bond the industrial access road up to a cost of $300,000. The
staff is also recommending that the Board authorize acceptance of
the joint CDBG grant; adoption of the tri-party agreement between
Roanoke County, Botetourt County and TWEEDS, Inc.; adoption of
the revenue sharing agreements; and authorization to execute the
necessary documents.
Supervisor Johnson expressed concern that it is so
difficult to work out such an agreement when the state recommends
cooperation with neighboring localities. Supervisor McGraw
suggested that the Grayson Commission be informed of this
difficulty.
Supervisor Johnson moved to approve the staff
recommendation and adopt the prepared resolutions. The motion
II was seconded by Supervisor McGraw and carried by the following
vote:
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Jul 26, 1988
AYES:
Supervisors Johnson, Robers, McGraw, Garrett
NAYS:
None
ABSENT:
Supervisor Nickens
RESOLUTION 72688-2 AUTHORIZING THE
EXECUTION OF CERTAIN AGREEMENTS AND
APPROPRIATING PUBLIC FUNDS FOR THE
TWEEDS ECONOMIC DEVELOPMENT PROJECT
WHEREAS, pursuant to Section 15.1-21 of the Code of
Virginia, 1950, as amended, the Boards of Supervisors of Roanoke
County and Botetourt County intend to support and foster the
industrial and economic development of the Roanoke Valley; and
WHEREAS, said counties intend to acquire approximately 65
acres of real estate lying astride the Roanoke County and
Botetourt County boundary from the Roanoke Valley Development
Corporation/Greater Roanoke Valley Development Foundation; and I
WHEREAS, the development of this site for industrial and
economic development purposes requires that certain public
services and public infrastructure improvements be provided for
this site, including public water, public sewer, and public
access roads; and
WHEREAS, these public services and public infrastructure
improvements will be utilized by Tweeds Inc. for its
telemarketing and distribution center for catalog business and
distribution facilities for men's and women's apparel; and
WHEREAS, the counties intend to equitably distribute the
revenues produced by local taxation from this industrial and
economic development project; and
WHEREAS, the Board of Supervisors of Botetourt County at
its July 18, 1988, meeting authorized the execution of several
agreements to accomplish these purposes.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors
of Roanoke County, Virginia, as follows:
1. That the County Administrator is hereby authorized to
execute the agreement between Botetourt County, Roanoke County,
and Tweeds Inc. to jointly develop that certain 65-acre tract of
real estate lying astride the Roanoke County and Botetourt County
boundary line for industrial and economic development purposes,
upon form approved by the County Attorney.
2. That the County Administrator is authorized to execute
that certain agreement between Botetourt County and Roanoke I
County, said agreement to provide for the equitable distribution
of local tax revenues to be derived from the development of the
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65-acre tract of real estate for industrial and economic
development purposes, upon form approved by the County Attorney.
3. That the County Administrator is hereby authorized to
accept a grant from the Virginia Department of Housing and
Community Development for off-site water, sewer, and drainage
improvements.
4. That the County Administrator is hereby authorized to
execute such other documents and papers as may be necessary to
accomplish the purpose and intent of this resolution.
5. That there is hereby appropriated the additional sum
of $39,405.00 from the Board Contingency Account for grading,
site acquisition, and road bonding fees. That additional sums
for the purpose of satisfying Roanoke County's contractual
obligations to construct roadway access to the Tweeds project
shall be escrowed in future budget years if a qualifying
industry does not locate on this site.
On motion of Supervisor Johnson, seconded by Supervisor
McGraw and upon the following recorded vote:
AYES: Supervisors Johnson, Robers, McGraw, Garrett
NAYS: None
ABSENT: Supervisor Nickens
RESOLUTION 72688-3 RECOMMENDING BONDING
OF ACCESS ROAD TO TWEEDS INC.
WHEREAS, Title 33.1-221, Code of Virginia, provides for
the availability of State Industrial Access Funds for implement-
ing approved improvements to public streets to enhance and pro-
mote industrial development and continued public safety along
public streets; and
WHEREAS, Tweeds Inc. has committed to construct a new
telemarketing and catalog fulfillment center on approximately 25
acres owned by the Greater Roanoke Valley Development Founda-
tion/Roanoke Valley Development Corporation on U. S. Highway 460;
and
WHEREAS, the commitment of private funds exceeds
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July 26, 1988
$ 3, 000, 000 and the extens ion 0 f water and sewer services with
Virginia Department of Housing and Community Development grant
funds will cost $192,640; and
WHEREAS, the cost of an industrial access road to Vir-
ginia Department of Transportation standards has been estimated
at $347,058; and
WHEREAS, the Virginia Department of Transportation has
determined that the Tweeds project is ineligible for industrial
access funds because of right-of-way abutment technicalities; and
WHEREAS, there are 28+ remaining acres that will be
opened to future development which will be eligible for these I
industrial access road funds with qualifying industries.
NOW, THEREFORE, be it resolved that the Roanoke County
Board of Supervisors does hereby recommend that Roanoke County
bond the Tweeds industrial access road project up to a cost of
$300,000 and fifty (50%) percent of project costs over that
amount.
On motion of Supervisor Johnson, seconded by Supervisor
McGraw, and upon the following recorded vote:
AYES: Supervisors Johnson, Robers, McGraw, Garrett
NAYS: None
ABSENT: Supervisor Nickens
4. ProDosed chanae to the County Ordinance
collection of fees for seDtic tanks and Drivate wells:
concerning
Director
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July 26, 1988
of Management and Budget Reta Busher stated that on June 23, 1987
the Board approved an ordinance regulating the installation of
septic tanks by requiring a permit at a cost of $50. In May
1988, the State Board of Health established their own permit fee
of $50.00, and a permit fee for private wells of $50.00. Prior
to this, a County resident would obtain an application for a
septic tank from the County and pay the Treasurer and take the
receipt and application to the local health department. With the
new fee, the resident must still come to the county for the
application and county fee and pay an additional fee to the
heal th department. The staff recommends continuing the county
permit fee and that the local health department collect both the
County and State permit fees, with the application process
originating at Roanoke County.
Supervisor McGraw stated he did not feel it was right
for a resident to have to go to both the County and the Health
Department for this process. Mr. Hodge suggested that the County
fee be dropped because the County will still receive 45% of the
state fee. Supervisor Johnson also advised that he would prefer
that both fees be collected by the County. Ms. Busher stated
that the application has to be completed at the Health
Department, even if the fee is collected at the County, and if
I the county fee is dropped, the Health Department must collect
it.
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July 26, 1988
Supervisor Johnson moved to approve Alternate #2, that
both fees be collected by the County, and that the appropriate
ordinance be prepared.
The motion was seconded by Supervisor
McGraw and carried by the following vote:
AYES: Supervisors Johnson, Robers, McGraw, Garrett
NAYS: None
ABSENT: Supervisor Nickens
5. Authorization to execute certain contracts with
Linaerfel t DeveloDment CorDoration - VallevDointe Proiect: Mr.
Gubala advised there were three bids received with a low bid of
$1,678,088.
Hayes, Seay, Mattern and Mattern are checking the
bids and will report back.
Staff does not yet have the final
figures.
Supervisor Johnson moved to authorize the County
Administrator to execute the necessary contracts for construction
of the improvements and amended his motion that the amount not to
exceed $1.7 million.
The amended motion was seconded by
Supervisor Garrett and carried by the following vote:
AYES: Supervisors Johnson, Robers, Garrett
NAYS: None
ABSENT: Supervisor Nickens
ABSTAIN: Supervisor McGraw
IN RE:
REQUESTS FOR PUBLIC HEARINGS
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July 26, 1988
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15.1-238 (e)
Public Hearina Dursuant to Section
condemnation and riaht-of-wav for
Reauest for
authorizina
ADDalachian Power ComDanv (APCO) Proiect:
Supervisor Johnson moved to set the public hearing on
August 23, 1988. The motion was seconded by Supervisor Garrett
and carried by the following vote:
AYE S : Supervisors Johnson, Robers, Garrett
NAYS: None
ABSENT: Supervisor Nickens
ABSTAIN: Supervisor McGraw
2. Reauest for Public Hearina Dursuant to Section
15.1-238 (e) authorizina condemnation and riaht-of-entrv for
sewer installation for lands adioinina Nichols Estates:
Supervisor Robers moved to set the public hearing for
August 23, 1988. The motion was seconded by Supervisor Garrett
and carried by the following vote:
AYES: Supervisors Johnson, Robers, McGraw, Garrett
NAYS: None
ABSENT: Supervisor Nickens
IN RE:
APPOINTMENTS
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July 26, 1988
Librarv Board: Supervisor McGraw nominated Jane Bryant
to serve the four-year unexpired term of James Miller, Catawba
Magisterial District. The term will expire December 31, 1991.
Landfill Board Advisorv Committee: Supervisor McGraw
nominated Barbara Fasnacht. Supervisor Robers nominated Carl
Wright.
IN RE:
REPORTS AND INQUIRIES OF BOARD MEMBERS
SUDervisor Johnson expressed concern that members of
the Board of Supervisors and City Council were not advised in
advance of Mr. Bower's red line proposal to divide the County
between Roanoke City and Salem.
Su De rvi sor McGraw: announced that the VACO-VML
Committee will hold their next meeting on August 15 and will have
a report ready for the Grayson Commission by September 2.
He also advised that the Roanoke Valley Cooperation Committee has
asked that the County Administrator, County Attorney and Sheriff
meet with other localities to discuss a mutual aid agreement.
Chairman Garrett directed the officials to proceed.
SUDervisor Robers announced that Roanoke Valley Day in
Northern Virginia is set for September 28 at George Mason
University. There will be 30 participants attending from the
Roanoke Valley.
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July 26, 1988
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SUDervisor Garrett encouraged the board members and
citizens to visit the airport to see the new construction.
IN RE:
CONSENT AGENDA
Supervisor McGraw moved to approve the Consent Agenda.
The motion was seconded by Supervisor Robers and carried by the
following vote:
AYES:
Supervisors Johnson, Robers, McGraw, Garrett
NAYS:
None
ABSENT:
Supervisor Nickens
RESOLUT ION NO. 72688-8 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 July 12, 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 6, inclusive, as follows:
1.
Minutes of Meeting - April 20, 1988.
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July 26, 1988
2. Confirmation of appointments to the Fifth Planning
District Commission and Planning Commission.
3. Acknowledgment from the Virginia Department of
Transportation that the following roads have been
taken into the Secondary System:
a. 0.22 miles of Ashton Lane
b. 0.07 miles of Haven's Trail
c. 0.10 miles of Chippenham Drive
d. 0.04 miles of Kittering Court
e. 0.10 miles of Elizabeth Drive
f. 0.25 miles of Beavers Lane
g. 0.05 miles of Horn Circle
h. 0.15 miles of Shadow Lane
i. 0.09 miles of Lantern Street
j. 0.10 miles of Carolelight Circle
k. 0.37 miles of Tulip Lane
1. 0.08 miles of Sunflower Drive
m. 0.06 miles of Ivy Lane
4.
Acceptance of grant restrictions on Clearbrook
Water System
5. Acceptance of sewer line serving Tract A & B on
Dorset Drive
6. Approval of Resolution to State Board of Education
in support of existing classifications of
expenditures.
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 mot ion of Supervisor McGraw, seconded by Supervisor
Robers, and upon the following recorded vote:
AYES:
NAYS:
Supervisors Johnson, Robers, McGraw, Garrett
None
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July 26, 1988
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ABSENT:
Supervisor Nickens
RESOLUTION 72688-8c AUTHORIZING THE
EXECUTION OF A CERTAIN GRANT AGREEMENT
FOR THE CLEARBROOK WATER SYSTEM
WHEREAS, on April 12, 1988, the Board of Supervisors
authorized the purchase of the public water system owned by the
Clearbrook Water Association; and
WHEREAS, Roanoke County purchased said water system
from the Clearbrook Water Association by satisfying its existing
loan with the Farmer's Home Administration at a discount; and
WHEREAS, said Association also was the recipient of a
I water grant from the Farmer's Home Administration, it now being
necessary for the County to accept said grant restrictions.
NOW, THEREFORE, be it resolved by the Board of Supervi-
sors of Roanoke County, Virginia, as follows:
1. That the County Administrator is hereby authorized
to execute a water grant agreement with the Farmer's Home Admini-
stration for the Clearbrook Water System on behalf of Roanoke
County, upon form approved by the County Attorney.
2. That said water grant agreement contains certain
restrictions upon the utilization of grant funds by the recipient
or grantee, and that said grant restrictions are set out in the
attached grant agreement, Form FmHA 1942-31 (4-85).
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On mot ion of Supervisor McGraw, seconded by Supervisor
Robers, and upon the following recorded vote:
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July 26, 1988
AYES:
Supervisors Johnson, Robers, McGraw, Garrett
NAYS:
ABSENT:
None
Supervisor Nickens
RESOLUTION 72688-8e IN SUPPORT OF THE
EXISTING DEPARTMENT OF EDUCATION
CLASSIFICATIONS OF EXPENDITURES
WHEREAS, pursuant to Section 22.1-94 of the 1950 Code
of Virginia, as amended, a governing bOdy may make appropriations
to a school board; and
WHEREAS, the amount appropriated by the governing body
for public schools shall relate to such major classifications as
may be prescribed by the State Board of Education; and
WHEREAS, the State Board of Education has established
thirteen (13) major categories or classifications of expenditures
in a school board budget to be funded--instruction, summer
school, adul t education, other educational programs, administra-
tion, attendance and health, pupil transportation, operation/main-
tenance, school food service, debt service, capital outlay,
refund of revenue, and fixed charges; and
WHEREAS, the State Board of Education in its proposed
1989-90 annual school report is proposing to reduce the number of
existing classifications of expenditures to five (5) --instruc-
tion, general support, non-instructional operation, other uses of
funds, and facilities; and
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WHEREAS, Roanoke County has established the funding of
its school system as one of its highest priorities; and
WHEREAS, the proposed reduction in the classifications
of expenditures may result in a severe negative impact on Roanoke
County's willingness to continue appropriating funds to the
school board budget; and
WHEREAS, this negative impact could affect the County's
commitment to quality education.
NOW, THEREFORE, BE IT RESOLVED that the Board of Super-
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visors of Roanoke County, Virginia, does hereby request that the
State Board of Education recognize the negative effect the pro-
posed reduction in the number of classifications expenditures
would have on the Roanoke County school system; and
Further, the Board of Supervisors of Roanoke County,
Virginia, does hereby request that the State Board of Education
continue the existing classifications of expenditures and reject
the proposed amendment to reduce the number of classifications to
five ( 5) .
Further, the Deputy Clerk is hereby authorized to for-
ward certified copies of this resolution to the State Board of
Education and the Roanoke Valley legislative delegation.
On mot ion of Supervisor McGraw, seconded by Supervisor
II Robers, and upon the following recorded vote:
AYES: Supervisors Johnson, Robers, McGraw, Garrett
04,9
July 26, 1988
NAYS:
ABSENT:
None
Supervisor Nickens
IN RE:
REPORTS
Following discussion on Items 2 and 6, Supervisor
Johnson moved to recei ve and file the following reports. The
motion was seconded by Supervisor Robers and carried by the
following vote:
AYES: Supervisors Johnson, Robers, McGraw
NAYS: None
ABSENT: Supervisor Nickens
1. Accounts Paid - June 1988
2. Status of E911 Telephone tax
3. Capital Fund Unappropriated Balance
4. General Fund Unappropriated Balance
5. Board Contingency Fund
6. Report on Communication System
7. Report on Flood Control
IN RE:
EXECUTIVE SESSION
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At 4: 15 p.m. Supervisor Garrett moved to go into
Executive Session pursuant to the Code of Virginia Section 2-1- I
344 (a) (2) to discuss a real estate matter and (6) to discuss
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pending litigation. The motion was seconded by Supervisor Robers
and carried by the following vote:
AYES:
NAYS:
ABSENT:
Supervisors Johnson, Robers, McGraw, Garrett
None
Supervisor Nickens
IN RE:
OPEN SESSION
At 5: lOp. m., Supervisor Johnson moved to return to
Open Session. The motion was seconded and carried by unanimous
vote:
SETTLEMENT OF CONDEMNATION PROCEEDINGS WITH SMITH'S
TRANSFER
Supervisor Johnson moved to settle condemnation
proceedings with Smith's Transfer for right of way into
Valleypointe Project for $64,500. The motion was seconded and
IN RE:
carried by the following vote:
AYES: Supervisors Johnson, Robers, Nickens, Garrett
NAYS: None
ABSTAIN: Supervisor McGraw
IN RE: RECESS
At 5:15, Chairman Garrett declared a dinner recess.
IN RE:
EVENING SESSION
051
July 26, 1988
At 7:00 p.m. Chairman Garrett reconvened the meeting
He announced that public hearings 788-1 and 788-2 were heard at
the July 12th meeting.
IN RE:
PUBLIC HEARINGS
788-3
Petition of ChaDarral 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 FROM JUNE 28, 1988.)
REFERRED BACK TO THE PLANNING COMMISSION
Planner Jon Hartley presented the staff report. He
reported
that the proposal consisted of 22 townhouse units
contained in five buildings.
The significant factors include the
high density within a Neighborhood Conservation land use
category, the potential zoning violations on the proposed site
plan, and the entrance, egress and circulation at the site.
There were 22 present in opposition to the request at the
Planning Commission hearings.
They were concerned about
increased traffic and sight distance.
The petitioner has
proffered conditions to the rezoning and has presented a revised
concept plan with less units per acre. The staff feels this is
still above the density recommended. Site distance has also been
improved. The Planning Commission recommended denial.
Ed Natt, attorney for the petitioner, advised that the
new site plan has reduced the density from 7.4 units per acre to
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6.4 units per acre and now complies with site distance
requirements of the Va. Department of Transportation.
Mr. Natt
stated if there are still concerns, they are not opposed to
referring the request back to the Planning Commission for further
study since the staff has not had the opportunity to review the
new site plan.
Supervisor Robers moved to refer the petition back to
the PIa n n in g Co mm is s ion for fur the r s t u d y .
The motion was
seconded by Supervisor Johnson and carried by the following vote:
AYES:
Supervisors Johnson, Robers, McGraw, Nickens, Garrett
NAYS:
None
788-4
peti tion of Bennet t 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 FROM JUNE
28, 1988.)
APPROVED FOR SIX MONTHS WITH PROFFERS
Mr. Hartley advised this is a renewal of a permit
originally approved in 1984.
The permit was again renewed in
1986.
It is an intermitant operation only, not used daily.
The
staff has recommended conditions to approval of the Special
05 S
July 26, 1988
Exception Permit. They include: (1) No hazardous waste, paper
or ash shall be allowed on this facility. Only those wastes
specifically identified in the facility description portion of
this facility shall be allowed; (2) A 6" progressive soil Cover
shall be required on the waste; (3) Access shall be limited to
this facility at all times; and (4) Upon terminal of disposal
activities 2 feet of soil Cover shall be applied to the area
prior to grading and seeding. A minimum of 6" shall be an
impermeable clay material.
In response to a question from Supervisor McGraw,
County Attorney Paul Mahoney advised that the Board could approve
the permit for a lesser periOd of time than two years.
Supervisor Johnson suggested a more frequent inspection of these
types of landfills. Supervisor Robers stated he was concerned
about the possibility of hazardous materials being dumped.
Peti tioner Bennet Scott was present. He advised that
he would only dump building materials and stumps and would not be
dumping asbestos or toxic materials.
Mildred Amos, 6735 MarigOld Circle, spoke in Support of
the landfill.
Supervisor Robers moved to grant the Special Exception
Permit for a six month periOd pending a report from staff on
dealing with this type of landfill. The motion was seconded by
Supervisor McGraw. Supervisor Johnson requested that the motion
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July 26, 1988
054
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be amended to include the conditions. The amended motion was
seconded by Supervisor McGraw and carried by the following vote:
AYES:
Supervisors Johnson, Robers, McGraw, Nickens, Garrett
NAYS:
None
788-5
(WI THDRAWN BY PET IT lONER) Pet it i on 0 f
CADO DeveloDments Inc. for a Special Use
Permit to operate a construction demolition
landfill on a 18.1 acre tract located west of
the intersection of Catawba Valley Drive and
Beverly Drive in the Catawba Magisterial
District.
788-6
Pet it ion of Richfield Retirement Community
for a Special Exception Permit to expand an
existing home for adults on a 2.25 acre tract
located on the west side of Alleghany Drive
(Route 642) approximately 1,000 feet north of
its intersection with West Main Street (Route
11) in the Catawba Magisterial District.
APPROVED
Dale Castellow presented the staff report.
Thi s permit
will expand an existing home for adults by replacing an existing
68-bed facility with a new building designed for 96 beds. The
proposal is compatible with the land use plan.
The significant
factors are inappropriate fire flow for the proposed use because
of a six inch water line, and inadequate sewer capacity.
These
would have to be upgraded to accommodate the proposal.
The staff
recommends approval.
Ron Martin with the architectural firm was present on
behalf
of the petitioner.
He introduced William Cundiff,
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aõ5
July 26, 1988
chairman of the Board of Directors of Richfield and Dr. H. E.
Bowling , Executive Director.
Mr. Martin described the plans for
the proposed facility.
Supervisor Johnson stated he felt the county needed to
look at the fire flow and sewer in that area.
Assistant County
Administrator John Hubbard updated the board on the sewer and
water line expansion in the area.
Supervisor McGraw moved to grant the Special Exception
Permit with the condition that development be in substantial
conformity with the presented site plan.
The motion was seconded
by Supervisor Johnson and carried by the following vote:
AYES:
Supervisors Johnson, Robers, McGraw, Nickens, Garrett
NAYS:
None
788-7
petition of Roanoke Valley ShoDDina Center
Association requesting amendment of
condit ions 0 f a tract containing 5.17 acres,
to construct a shopping center, located at
the northeast intersection of Williamson Road
and Clubhouse Drive in the Hollins
Magisterial District.
APPROVED WITH PROFFERS
Mr. Castellow stated that this request amends
previously proffered conditions so the petitioner may add 14,260
square feet of retail space to an existing shopping center. The
original petition in August 1986 was proffered that construction
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056
July 26, 1988
would be in substantial conformity with the concept plan at that
time. The petitioner would like to present a revised concept
plan showing the proposed expansion of the shopping center.
I
Supervisor Johnson expressed concern because those
using the golf course had been parking in the area and this could
create parking problems.
Michael Smeltzer, attorney for the petitioner, advised
that this was a problem, but not the petitioner's responsibility
since they are trespassing.
Supervisor Johnson moved to grant the amendment of
conditions. The motion was seconded by Supervisor Nickens and
carried by the following vote:
AYES: Supervisors Johnson, Robers, McGraw, Nickens, Garrett
NAYS: None
FINAL ORDER
NOW, THEREFORE BE IT ORDERED that the aforementioned
parcel of land which is contained in the Roanoke County Tax Maps
as Parcel 27.18-3-13 and recorded in Deed Book and legally
described below, be rezoned from B-2 Business District to B-2
Business District with amended Concept Plan dated June 6, 1988
I BE IT FURTHER ORDERED that a copy of this order be
transmitted to the Secretary of the Planning Commission and that
057
July 26, 1988
he be directed to reflect that change on the official zoning map
f Roanoke County.
BEGINNING at a point on the
easterly right-of-way line of
Williamson Road, U. S. Highway
Routes No. 11 and 221, 80 feet wide
on the line of the lands of "North
Hills", subdivision at Corner 1;
thence with the line thereof N. 790
15' E., 450 feet to Corner 2;
thence with the line of the lands
of Waldron Homes, Inc., S. 100 42'
E. 900.39 feet of Corner 3 on the
northern line of Club House Drive
60 feet wide; thence with the
northern line of said street S. 790
18' W ., 425.00 feet to Corner 4 of
curve on the northern line of said
street; thence with a curved line
to the right whose radius is 25.00
feet, whose tangent is 25.00 feet,
an arc distance of 39.27 feet to
Corner 5 on the easterly right-of-
way line of said Williamson Road;
thence with the easterly right-of-
way line of said Williamson Road N.
100 42' W., 875.00 feet of Corner
1, the place of BEGINNING, as shown
on plat of Brookside Shopping
Center dated 22 August, 1977, made
by Buford T. Lumsden & Associates,
C.L.S.
I
PROFFER OF CONDITIONS
That the expansion of the brookside Shopping Center will be in
accordance with the Concept Plan dated June 6, 1988.
788-8
Petition of Roanoke Land DeveloDment
CorDoration requesting rezoning from R-1,
Residential to R-5, Residential of a tract
containing 1.489 acres, to construct I
townhomes, located immediately northwest of
the intersection of Roselawn Road (Route 689)
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058
July 26, 1988
and Pleasant Hill Drive (Route 1552) in the
Windsor Hills Magisterial District.
This petition was continued to August 23, 1988 at the
request of the petitioner.
788-9
Peti tion of CBL Manaaement. Inc. requesting
rezoning from M-1, Industrial to B-2,
Business of a tract containing 4.13 acres, to
construct a shopping center, located on the
west side of Merriman Road (Route 613)
approximately 100 feet south of Starkey Road
(Route 904) in the Cave Spring Magisterial
District.
CONTINUED FOR SIXTY DAYS
Mr. Hartley presented the staff report. He reported that
the proposal is to construct a neighborhood shopping center
consisting of 34,000 square feet, housing a supermarket and five
retail shops, and a potential building site fronting on Merriman
Road. The main concern at the Planning Commission hearing was
the access, and limited site distance at Merriman Road. The Va.
Department of Transportation has recommended that the developers
make sure that there is adequate si te distance. There are
substantial proffers to the petition. There were seven citizens
in support and one in opposition at the Planning Commission
hearing, and they recommended approval with the proffered
conditions. Mr. Hartley advised that since the Planning
Commission hearing, there is concern with the Crystal Spring Road
and Starkey Road realignment.
Supervisor Robers moved to continue the public hearing
for 60 days to study the potential affect of the proposed road
changes. The motion was seconded by Supervisor Johnson.
Supervisor Johnson also requested a report on M-1 zoning in the
County and the affect on the 75/25 program of changing these
zonings to B.
Supervisor Nickens offered a substitute motion to approve
the petition. The motion was seconded by Supervisor Johnson.
Supervisor Nickens withdrew his motion.
Steve Tingle, representing the petitioner, requested a 30
day continuance instead of a 60 days. Supervisor Nickens moved a
substitute motion to continue for 30 days.
The main motion to continue for 60 days was carried by
the following recorded vote:
AYES: Supervisors Johnson, Robers, Garrett
NAYS: Supervisors McGraw, Nickens
059
July 26, 1988
788-10
Public Hearing on the adoption of a
resolution requesting the Circuit Court of
Roanoke County to enter an order to hold a
referendum on the question of changing the
method of selection of members of the County
School Board, as provided in Section 22.1-42
of the Code of Virginia, 1950, as amended.
County Attorney Paul Mahoney reported that the Board of
Supervisors adopted a motion of June 14, 1988 to hold this public
hear ing for citizen comment on changing the method of selection
of school board members to selection by the Board of Supervisors.
If the proposed resolution is adopted, the Circuit Court will
schedule this referendum on November 8, 1988. He advised the
board on the progress of a decision concerning the method of
school board selection presently before the courts.
The following citizens spoke on this issue:
1. Rita Watson, 66228 Wendover, spoke in opposition to
the referendum.
2. Dr. H. E. Bowling, 6164 Newport Road, Catawba, spoke
in opposition to the referendum. I
3. Mary Noon, 6715 Fair Oaks Road, spoke in opposition
to the referendum.
4. T. C. Fisher, 6708 Greenway Drive, spoke in support
of the referendum.
5. Dr. Willis P. Lanier, Jr., 4743 Woodley Drive, spoke
in opposition to the referendum.
Supervisor Nickens moved to table the matter. There was
no second and the motion died.
Supervisor McGraw moved that the resolution be placed
before the board for adoption at the first meeting in August.
The motion was seconded by Supervisor Robers.
AYES: Supervisors Johnson, Robers, McGraw, Nickens, Garrett
NAYS: None
IN RE: FIRST READING OF ORDINANCES
1. Ordinance acceDtina an offer and authorizina conveyance
of a riaht-of-wav and easement to ADDalachian Power
ComDanv for Green Hill Park: Mr. Mahoney advised that this
will donate the necessary right-of-way and easement located off Route
639 at Green Hill Park.
Supervisor Nickens moved to approve the first reading
of the ordinance. The motion was seconded by Supervisor McGraw
and carried by the following vote:
AYES: Supervisors Johnson, Robers, McGraw, Nickens, Garrett
NAYS: None
I
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I
July 26, 1988
060
2. Ordinance acceDtina an offer and authorizina conveyance
of an easement to ADDalachian Power ComDanv at the Fire and
Rescue Trainina Center:
Supervisor Nickens moved to approve first reading of
the ordinance. The motion was seconded by Supervisor McGraw and
carried by the following vote:
AYES: Supervisors Johnson, Robers, McGraw, Nickens, Garrett
NAYS: None
IN RE:
SECOND READING OF ORDINANCES
1. Ordinance amendina and reenactina ChaDter 5, Animals
and Fowl, of the Roanoke County code concernina the licensina of
doas and rabies control:
Supervisor Nickens moved to approve the ordinance. The
motion was seconded by Supervisor Johnson and carried by the
following vote:
AYES: Supervisors Johnson, Robers, McGraw, Nickens, Garrett
NAYS: None
ORDINANCE 72688-11 AMENDING AND
REENACTING CHAPTER 5, ANIMALS AND
FOWL S, OF THE ROANOKE COUNTY CODE
CONCERNING THE LICENSING OF DOG AND
RABIES CONTROL
WHEREAS, by Chapter 538, Virginia Acts of Assembly,
1988 Session, Section 3.1-796.85 of the 1950 Code of Virginia,
was amended to require the licensure of any dog four months old
or older owned by any person; and
WHEREAS, by the same chapter, Section 3.1-796.97: 1 was
added to the 1950 Code of Virginia, as amended, requiring vaccina-
tion for rabies of all dogs and domesticated cats by a currently
licensed veterinarian and setting forth the standards for such
vaccine.
BE I T ORDAINED by the Board of Supervisors of the
County of Roanoke, Virginia as follows:
1. That Chapter 5, Animals and fowl of the Roanoke
County Code be amended and reenacted to read as follows:
Sec. 5-41. Reauired
It shall be unlawful for any person to own a dog 8±X
-t6t- four ill.. months old or over in this county, unless such dog
is currently licensed under the provisions of this division.
Sec. 5-45. When and where tax due and Dayable.
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06,\ t
July 26, 1988
The license tax on dogs shall be due and payable at the
office of the County Treasurer as follows:
(1) On or before January 1 and not later than January
31 0 f each year, the owner of any dog g±X- -f6t- four ( 4 ) months
old or older shall pay such tax.
(2) If a dog shall become g±X- -f6t- four ( 4) months
of age or if a dog over g±X- -f6t- four (4) months of age unli-
censed by this county shall come into the possession of any per-
son in this county between January 1 and October 31 of any year,
the license tax for the current calendar year shall be paid forth-
with by the owner.
(3) If a dog shall become g±X- -f6t- four (4) months
of age or if a dog over g±X- -f6t- four ( 4) months of age unli-
censed by this county shall come into the possession of any per-
son in this county between November 1 and December 31 of any
year, the license tax for the succeeding calendar year shall be
paid forthwi th by the owner and such license shall protect the
dog from the date of payment of the license tax.
Sec. 5-50. Taa to be worn bv doa; exceDtions.
I
(a) A dog license tag shall be securely fastened to a
substantial collar by the owner or custodian of the dog and worn
by such dog. It shall be unlawful for the owner or custodian to
permit any licensed dog g±X- -f6t- four (4) months old or over
to run at large at any time without a license tag.
(b) The owner of a dog may remove the collar and li-
cense tag required by this section when the dog is engaged in
lawful hunting; when the dog is competing in a dog show; when the
dog has a skin condition which would be exacerbated by the wear-
ing of a collar; when the dog is confined; or when the dog is
under the immediate control of its owner.
(c) Any dog not wearing a collar bearing a license tag
of the proper calendar year shall prima facie be deemed to be
unlicensed, and in any proceeding under this article, the burden
of proof of the fact that such dog has been licensed or is other-
wise not required to bear a tag at the time shall be on the owner
of the dog.
Sec. 5-66. Vaccination reauired.
I
(a) It shall be unlawful for any person to own, keep,
hold or harbor any dog or cat over the age of g±X- -f6t- four
I
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July 26, 1988
',? 062
1!l months within the county, unless the dog or cat has been vac-
cinated with a vaccine licensed bv the United States DeDartment
of Aariculture for use in that sDecies within a period of ~
immediately Drecedina thirty-six (36) months.
(b) Any person transporting a dog 8±x--f6r four (4)
months of age or over into the county from some other jurisdic-
tion shall be required to comply with this section within thirty
(30) days after bringing the dog into the county.
Sec. 5-67. Vaccination certificate
At the time of vaccination of a dog or cat pursuant to
Section 5-66, a certificate shall be issued to the owner of the
dog or cat, which certificate shall be properly executed and
signed by a current Iv licensed veterinarian, and shall certify
that the dog or cat has been vaccinated as required by Section
5-66. The certificate shall show the date of vaccination, a
brief description of the dog or cat, and its sex and breed, and
the name of the owner of the dog or cat. A copy of such certifi-
cate shall be sent at once to the eOtlnt:y countv's animal con-
trol officer and kept on file wnere at which office duplicate
copies may be obtained by the dog's or cat' s owner, upon payment
of such fee as is prescribed by the Board of Supervisors.
Sec. 5-68. ImDoundment of unvaccinated doas or cats.
(a) Any dog or cat found in the county which is not
vaccinated as required in division shall be impounded by the ani-
mal control officer or other officer and held at the animal shel-
ter for a period of seven (7) days. The dog or cat may be
returned to its owner, upon proof of ownership, vaccination of
the dog or cat, and payment of the cost of impounding the dog or
cat. Such payment shall not relieve the owner from prosecution
for violating Section 5-66.
(b) At the expiration of the seven-day (7) period, any
dog or cat impounded under this section and not claimed by its
owner may be disposed of in accordance with the provision of Sec-
tion 29-2x3766 3.1-796.96 of the code of Virginia.
2. Severability. The sections, paragraphs, sentences,
clauses of this chapter are severable, and if any phrase, clause,
sentence, paragraph, or section of this chapter shall be declared
unconstitutional or invalid by the valid judgment or decree of a
court of competent jurisdiction, the remaining phrases, clauses,
sentences, paragraph;], and sections of this chapter shall remain
valid.
',063
July 26, 1988
3. This ordinance shall be in full force and effect
from and after August 1, 1988.
IN RE:
CITIZENS COMMENTS AND COMMUNICATIONS
1. Mr. Carl Wriaht. 5367 Indian Grave Road, a resident
of the Clearbrook area spoke representing the residents of that
area in opposition to the proposed Buck Mountain Landfill Site.
He presented written documentation from a variety of sources also
opposed to the landfill site.
2. Minnie Revnolds. 30 Orlando Avenue N. E. presented
a petition opposed to the building of a 28 unit motel being
buil t between Florist Road and Williamson Road. The residents
are concerned about additional flooding and access traffic from
the proposed motel.
Supervisor Johnson expressed concern about the legality
of the permits and the process. He directed staff to investigate
the property, the permit process and storm retention plans.
3. Daniel R. Otev. 5346 Palm Valley Road, also spoke
in opposition to the proposed motel because of additional
flooding problems in Palm Valley, and the rezoning on Peters I
Creek Road. His understanding is that the pond on the property
will be channeled into his neighborhood.
IN RE: ADJOURNMENT
At 8: 50 p. m., Supervisor Johnson moved to adjourn the
meeting. The motion was seconded by Supervisor Nickens and
carried by the following vote:
AYES: Supervisors Johnson, Robers, McGraw, Nickens, Garrett
NAYS: None
~ijV4-
Garrett Chairman
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