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HomeMy WebLinkAbout2/23/1993 - Regular ~ February 23, 1993 100-c~ ~ Roanoke County Board of Supervisors Roanoke County Administration Center 3738 Brambleton Avenue, S.W. Roanoke, Virginia 24018 February 23, 1993 The Board of Supervisors of Roanoke County, Virginia, met this day at the Roanoke County Administration Center, this being the fourth Tuesday, and the second regularly scheduled meeting of the month of February, 1993. I IN RE: CALL TO ORDER Chairman Minnix called the meeting tò order at 3: 03 p.m. The roll call was taken. MEMBERS PRESENT: Chairman H. Odell "Fuzzy" Minnix, Vice Chairman Lee B. Eddy, Supervisors Bob L. Johnson, Edward G. Kohinke, Sr., Harry C. Nickens MEMBERS ABSENT: None STAFF PRESENT: Elmer C. Hodge, County Administrator; Paul M. Mahoney, County Attorney; Mary H. Allen, Clerk; John M. Chambliss, Assistant County Administrator; Don C. Myers, Assistant County Administrator; Anne Marie Green, Information Officer IN RE: OPENING CEREMONIES I The invoçation was given by the Reverend Phillip Whi taker, Brambleton Baptist Church. The Pledge of Allegiance ..... ".. 1 01 .~ February 23, 1993 ~ was recited by all present. IN RE: REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF AGENDA ITEMS Chairman Minnix added the following items: (1) Item 0-1: Budget Work Session, and (2) Executive Session Item 2.1-~44 A (7) Legal matter. IN RE: NEW BUSINESS ~ Presentation from Virqinia Amateur SDorts (Kenneth C. Kinq, Jr. Chairman of the Board of Directors) Mr. King and Peter Lampman , Executive Director, made I the presentation. The Bo~rd viewed a slide presentation and heard that the sports events bring 6,000 participants and their families to the Roanoke Valley. Mr. King thanked the Board for their $25,000 contribution. ~ Request for ADDroval of the Roanoke Reqional AirDort Commission 1993-94 BUdqet and ProDosed CaDital EX1)enditures (Diane Hvatt, Director of Finance) R-22393-1 Ms. Hyatt. reported that the Roanoke Regional Airport Commission is required to submi t their budget to the Roanoke City Council and the Roanoke County Board of Supervisors for approval before adoption. The budget shows revenues of I .... ~ February 23, 1993 1 o~: ~ $4,528,230 and expenditures of $4,156,624 and no additional supplements are required from the City or County. The commission adopted a proposed capital expenditure program totalling $4,145,000, and the budget included a two percent salary increase for employees. In response to a question from Supervisor Eddy, Supervisor Johnson who also serves as Commission Chairman advised that the City is in the process of appointing someone to replace Joel Schlanger, a former city member. Supervisor Eddy moved to approve the budget. The , motion carried by the following recorded vote: I AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None RESOLUTION 22393-1 APPROVING THE ROANOKE REGIONAL AIRPORT COMMISSION BUDGET FOR FY 1993-1994, UPON CERTAIN TERMS AND CONDITIONS WHEREAS, Section 24.B of the Roanoke Regional Airport commission Act and Section 17. (a) of the contract between the City of Roanoke, Roanoke County" and the Roanoke Regional Airport Commission provide that the Commission shall prepare and submit its operating budget for the forthcoming fiscal year to the Board of Supervisors of the County and City Council of the City; and I WHEREAS, by report dated February 9, 1993, a copy of which is on file in the office of .the Clerk to the Board, the Chairman of the Roanoke Regional Airport Commission has submitted a request that the County approve the FY 1993-1994 budget of the ..... JI"" 1 0;3 February 23, 1993 Roanoke Regional Airport Commission. THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia that the FY 1993-1994 budget a~d proposed capital expenditures for the Roanoke Regional Airport Commission as set forth in the February 9, 1993, report of the Commission Chairman, a copy of which is incorporated by reference herein, is hereby APPROVED, and the County Administrator and the Clerk are authorized to execute and attest, respectively, on behalf of the County, any documentation, in form approved by the County Attorney, necessary to evidence said approval. On motion of Supervisor Eddy to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None ~ Reauest from Roanoke Valley Resource Authoritv for SUDDort for Financial Assurance ExemDtion for PUbliclY OWned Landfills (Diane Hvatt, Director of Finance) R-22393-2 Ms. Hyatt advised that under current regulations, landfills in operation after April 9, 1994 must meet financial assurance requirements which would mean setting aside up to $2 million to meet the cost of closure, post closure and correction action. Ms. Hyatt explained that the Roanoke Valley Resource Authority plans to accumulate these reserves over time, but the .... ~ I I I I ~ February 23, 1993 104 deadline would force the Authority to have these funds available by the April 9, 1994 deadline. staff recommended that the Board adopt a resolution supporting the exemption of publicity owned landfills. Supervisor Nickens moved to adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors Johnson, KOhinke, Eddy, Nickens, Minnix NAYS: None RESOLUTION 22393-2 SUPPORTING FEDERAL LEGISLATION TO RESTORE THE FINANCIAL ASSURANCE EXEMPTION TO PUBLICLY OWNED SOLID WASTE LANDFILLS. WHEREAS, on October 9, 1991, the U. S. Environmental Protection Agency promulgated new regulations, pursuant to Subtitle D of the Federal Resource Conservation and Recovery Act, which established stringent standards for the location, design and operation of solid waste landfills; and, WHEREAS, most of the Federal Subtitle D regulations, which were developed over a period of seven years, become effective on October 9, 1993; and, WHEREAS, financial assurance requirements will require local governments to demonstrate the ability to meet the financial costs of closure, 30 year post-closure monitoring, and corrective action; and, WHEREAS, financiál assurance requirements are expected to impose upon local governments extreme and unnecessary financial burdens; and, ..... JI"" .1.0 .5 February 23, 1993 WHEREAS, local governments will require additional time to develop strategies for meeting financial assurance requirements; NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, that this Board formally supports adoption by the United States Congress of legislation that would restore the exemption to solid waste landfills owned by public entities, such as the Roanoke Valley Resource Authority, in demonstrating financial assurance. BE IT FURTHER RESOLVED that the Clerk of. the Board is directed to forward an attested copy of this resolution to the Honorable John Warner and the Honorable Charles Robb, United States Senators, and the Honorable Robert Goodlatte, Member, Uni ted States House of Representati ves and the Honorable Rick Boucher, Member, united States Congress. On motion of supervisor Nickens to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, KOhinke, Eddy, Nickens, Minnix NAYS: None h Reauest to AdoDt List of Primary and Interstate Proiects for the VDOT six Year ImDrovement Proqram. (Arnold Covey, Director of Enqineerinq , InsDections) R-22393-3 County Administrator Elmer Hodge advised that the Board needs to adopt a list of Interstate and Primary Projects to present to the' Virginia Department of Transportation Board .... ~ I I I I "'l1lI February 23, 1993 1 0 6 Preallocation Hearing on March 16, 1993. He reported that the following projects are presently on the six Year Improvement Program and require additional allocation of funds: (1) Increased travel lanes at Route I-81 and an additional interchange between Wildwood Road and Dixie Caverns; (2) Improvements to Brambleton Avenue (Route 221); (3) Widening of Route 11 (Williamson Road); (4) Improvements to Alternate Route 220 (Route 604). Mr. Hodge explained that the County is requesting the addition of four projects to the six Year Plan. They are: (1) widening of Route 11 (Williamson Road) . from the City Corporate Limits north to Route 117; (2) Route 11/460 (West Main street) to the existing four lane section at Route 647; (3) Route 115 (Plantation Road) from Route 11 to Interstate 81ì and (4) Route 220 South (Franklin Road) from the City Limits to the Franklin County Line. Jeff Echols, Resident Engineer with the Virginia Department of Transportation, described the progress on the projects already listed on the Six Year Plan. Supervisor Nickens moved to approve the list and adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors Johnson, KOhinke, Eddy, Nickens, Minnix NAYS: None RESOLUTION 22393-3 REQUESTING VDOT TO ADOPT A RECOMMENDED LIST OF THE PRIMARY AND .... ".. .10} February 23, 1993 INTERSTATE PROJECTS IMPROVEMENT PROGRAM FOR THE SIX YEAR WHEREAS, six Year the the is Improvement Program Commonweal th Transportation Board's plan for identifying funds anticipated to be available for highway and other forms of transportation construction for distribution in the 1993-98 plan; and WHEREAS, this program is updated annually to assist in the allocation of federal and state funds for interstate, primary, and secondary roads. BE IT RESOLVED by the Board of Supervisors of Roanoke . County, Virginia, that the following is a list of the recommended Primary and Interstate Projects for inclusion by the Virginia Department of Transportation six Year Improvement Program for the 1993-94 Fiscal Year: 1. improvement of all interchanges and Route I-81 investigation of the possibility of constructing an additional interchange between Wildwood Road (Route 619) and the interchange at Dixie Caverns (Route 460). 2. Route 221 (Brambleton Avenue) continuation of improvements to Route 221 from Crystal Creek Road to Route 752 (Old Mill Road) for a distance of approximately 2.3 miles. 3. Route 11 (Williamson Road) - the widening of Route 11 north of Route 115 approximately 0.9 miles to the existing four lane section. 4 . Al terna te Route (Route 220 improvements 604) to .... ~ I I ~ ~ February 23, 1993 108 I I Alternate Route 220. 5. Route 11 (Williamson Road) - the widening of Route 11 from the Roanoke City Corporate limits north to Route 117 to include improvements to the existing bridge structure over Carvins Creek and the realignment of Florist Road to Route 11. 6. Route 11/460 (West Main street) - continuation of the four laning of Route 11 to the existing four lane section of Route 647 (Dow Hollow Road). 7. Route 115 (Plantation Road) - continuation of improve- ments south to the Roanoke City Limits to the four lane section of Plantation Road or, in the alternative, consideration of the construction of a segment between the Roanoke City limits and Hershberger Road. 8. Route 220 South (Franklin Road) - improvement of Route 220 south from the Roanoke City limits in Roanoke County to the Franklin County line. On motion of Supervisor Nickens to approve the list and adopt the resolution, and carried by the following recorded vote: AYES: NAYS: Supervisors Johnson, KOhinke, Eddy, Nickens, Minnix None h AcceDtance of Three Grants from the Division of Motor Vehicles for Police DeDartment Traininq and EauiDment. (John Cease, Police Chief) A-22393-4 Chief Cease advised that the Police Department has ..... JI"" 1 0 9 February 23, 1993 received three grants from the Department of Motor Vehicles to purchase a KR-10 Moving Radar Unit, three alco sensor units and to cover tuition for police officer driver training. The total amount of the grants is $3500 and no local funding was required. Supervisor Nickens moved to accept the grants. The motion carried by the following recorded vote: AYES: Supervisors Johnson, KOhinke, Eddy, Nickens, Minnix NAYS: None .L.. Reauest from School Board for ADDroDriation of U. S. DeDartment of Education Fundinq to the School Grant Fund for the Roanoke Area Tech PreD Consortium. (Garland Kidd, Director of Vocational , Adult Education.) A-22393-S Mr. Kidd introduced Dr. Ben Helmendollar who is involved in the Roanoke Area Tech Prep Consortium. Mr. Kidd advised that the grant is in the amount of $55,000 and will be used to evaluate the consortium. Supervisor Johnson moved to approve the request. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None L. Reauest from the Sheriff's Office to Transfer Funds for Purchase of ReDlacement Vehicles and Personal ComDuter. (Gerald Holt, Sheriff) A-22393-6 .... ~ I I I I ~ February 23, 1993 110' Sheriff Holt reported that he would like to reallocate $28,107 in surplus revenue from forfeited drug money, the Prison Work Release Program and Inmate Telephone service to purchase two replacement prisoner vehicles and a new personal computer for the Work Release Program. Supervisor Nickens moved to approve the request. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None IN RE: REQUESTS FOR WORK SESSIONS ~ Reauest for a March 9 Work Session with the Planninq Commission to Discuss Alternative Discharqinq Sewaqe Systems. Supervisor Nickens moved to approve a work session for March 9, 1993. Supervisor Eddy suggested that the work session with the Planning Commission also include a discussion of goals and plans for 1993. The motion carried by the following recorded vote: AYES: NAYS: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix None IN RE: REQUEST FOR PUBLIC HEARING AND FIRST READING OF REZONING ORDINANCES - CONSENT AGENDA Supervisor Kohinke moved to approve the first reading .... ".. 111 February 23, 1993 and set the public hearing for March 23, 1993. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None ~ Ordinance Authorizinq a SDecial Use Permit to Construct a Private stable on a Portion of a 10.5 Acre Parcel, located at 4712 Keaqy Road, Windsor Hills Maqisterial District, UDon the Petition of Nelson B. and Brenda Z. Greene. L. Ordinance Authorizinq a SDecial Use Permit to Erect a self-supDortinq Communication Tower on a Portion of a 718.72 Acre Parcel, Located A~Droximatelv One Mile Southwest of the Intersection of Indian Grave Road and U. S. 220, Cave SDrinq Maqisterial District, UDon the Petition of Cellular One. IN RE: FIRST READING OF ORDINANCES ~ Ordinance Authorizinq Conveyance of a 0.492 Acre Tract of Land at ValleVDointe to Linqerfelt Development CorDoration. (Tim Gubala, Economic DeveloDment Director) Mr. Gubala reported that Lingerfelt Development Corporation has offered to purchase the property for $14,990, and .... ~ . I I I I ~ February 23, 1993 112 that it will be used as a stormwater management area for the offices of the Jefferson National Forest. Supervisor Johnson moved to appro~e the first reading. I The motion carried by the following recorded vote: I AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None ~ Ordinance Authorizinq the Financinq of Certain County Facilities. (Diane Hvatt, Finance Director) Ms. Hyatt advised that in order to complete the financing for the Travelers Building, it is necessary to adopt an ordinance which approves the financing and lease documents related to the transaction. She reported that the Industrial Development Authority took similar action. In response to a question from Supervisor Eddy, Ms. Pyatt explained that the County will buy the building and lease it to the Industrial Development Authority who will then lease the property back to the County. The County will pay rent to the IDA. Supervisor Kohinke moved to approve the first reading. The motion carried by the following recorded vote: AYES: Supervisors KOhinke, Nickens, Minnix NAYS: None ABSTAIN: Supervisor Johnson, Eddy IN RE: CONSENT AGENDA R-22393-7 Supervisor Kohinke moved to approve the Consent ..... ".. 11',3' February 23, 1993 Resolution. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None RESOLUTION 22393-7 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM K - CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. that the certain section of the agenda of the Board of Supervisors for February 23, 1993 designated as Item K- Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 through 6, inclusive, as follows: 1. Confirmation of Committee Appointment to the League of Older Americans Advisory Council. 2. Acceptance of Water and Sanitary Sewer Facilities Serving Kingston Court, Section 5. 3. Acceptance of Sanitary Sewer Facilities Serving Hunting Hills section 25. 4. Authorization to Pay Legal Fees for Litigation with Grumman Emergency Products. 5. Acceptance of Water and Sanitary Sewer Facilities Serving Barrens Village, Sections 1, 2 and 3. 6. Approval of a Raffle Permit for the Roanoke County Occupational School PTA. 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. ~ ~ I I I I ~ February 23, 1993 11 4 5J On motion of Supervisor Kohinke to adopt the Consent Resolution, and carried by the following recorded vote: AYES: NAYS: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix None IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS Supervisor Johnson: (1 ) received a letter regarding the lack of regional coopera~ive efforts, and asked that staff respond outlining the many cooperative efforts that are currently underway. Mr. Hodge and Chairman Minnix will prepare a response. Supervisor Kohinke: (1) Thanked Chief Tommy Fuqua for a tour of the communications center. (2) Asked Chief Fuqua to report on County assistance at the Stanley Furniture Fire in Henry County. Chief Fuqua reported that 50 volunteers and 4 career employees were involved. Supervisor Eddy: (1) Advised that he also received a letter like Supervisor Johnson's and this may be in response to a letter that Supervisor Eddy sent to the individual. (2) Asked staff if there would be a report back on efforts towards regional economic development. Mr. Hodge advised that the report is now in draft form. (3) Thanked Mr. Mahoney for his work on the beaver dam problem on Bent Mountain. (4) Asked for the status of the water wells at Forest Edge. Mr. Hodge will check and report back. (5) Asked about the private SSE/R program enforcement procedures. Mr. Hodge advised that this will be brought back either March 9, 1993 or March 23, 1993. (6) Asked when the zoning notification ..... ".. ~15 February 23, 1993 process would begin. Mr. Hodge advised that the program is on hold because of the parkway study. It was the general consensus of the Board not to pursue sending notification. (7) Commended the staff on the use of the character generator on cable TV. (8) Gave the Board members a copy of an article on the town meeting concept. Supervisor Minnix: He received a letter from a citizen who had his water turned off in error. He asked that staff reexamine the procedures used prior to turning off water for nonpayment of utility bills. IN RE: REPORTS Supervisor Nickens moved to receive and file the following reports after a discussion of Items 5 and 8. The motion carried by a unanimous voice vote. ~ General Fund UnapDroDriated Balance L. CaDita1 Fund UnapDroDriated Balance ~ Board Continqencv Fund h Statement of Revenues and EX1)enditures as of Januarv 31, 1993. h ReDort on the 1991 Water Pro;ects. .L.. ReDort on the Roanoke Valley Resource Authori tv Solid Waste Facilities. L. Re~ort on Bond Proiects. L. , 1992 Economic Activitv ReDort IN RE: BUDGET WORK SESSION .... ~ I I I \ I "'l1lI February 23, 1993 11 6 ~ The following issues were discussed at the budget work session. ~ Increased fees for adult recreation: It was the Board's consensus not to study this issue further at this time. h Recvclinq expansion: Mr. Hodge advised that the 1993 state mandate was met, and that the Roanoke Valley Resource Authority will be looking at expansion of the recycling program whun the new landfill is complete. ~ Transient occupancy tax: Mr. Hodge announced that this bill had been signed by Governor Wilder, and he will bring suggested uses of the revenue to the Board dur ing the budget process. h Tax relief for disabled veterans: There was Board consensus to reduce the personal property tax for disabled veterans by 50%. ~ Increase method of assessinq machinery and tools tax: Mr. Hodge will invite Wayne compton to attend the next work session to discuss the machinery and tools tax. Staff will bring figures on potential additional revenue. h Reinventinq Government: Mr. Hodge advised that many ideas recommended in the book, Reinventinq Government are currently being implemented in the team process. Supervisor Minnix asked that future budget work sessions be limited to 20 - 30 minútes. Supervisor Nickens asked that in the future the Clerk to the Board prepare a checklist of items that have been requested by ..... ".. 11 7 February 23, 1993 ~ Board members that states what action was taken. - IN RE: EXECUTIVE SESSION At 5: 15 p.m., Supervisor Nickens moved to go into Executive Session pursuant to the Code of Virginia Section 2.1- 344 A (7) To discuss legal matter and briefings by staff members concerning negotiations wi th an economic development prospect. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None IN RE: CERTIFICATION OF EXECUTIVE SESSION I R-22393-8 At 7: 03 p. m., Supervisor Johnson moved to return to open session and adopt the certification resolution. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None RESOLUTION 22393-8 CERTIFYING EXECUTIVE MEETING WAS HELD IN CONFORMITY WITH THE CODE OF VIRGINIA WHEREAS, the Board of Supervisors of Roanoke County, Virginia has 'convened an executive meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of The Virginia Freedom of Information Act; and WHER~S, Section 2.1-344.1 of the Code of Virginia I requires a certification by the Board of Supervisors of Roanoke .... I I ~ February 23, 1993 11 8 County, Virginia, that such executive meeting was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, hereby certifies that, to the best of each members knowledge: 1. Only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the executive meeting which this certification resolution applies, and 2. Only such public business matters as were identified in the motion convening the executive meeting were heard, discussed or considered by the Board of Supervisors of Roanoke County, Virginia. On motion of Supervisor Johnson to adopt the Certification Resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None IN RE: PUBLIC HEARINGS ~ PUblic Hearinq for the Consideration of Acauisition bv Condemnation of Easements Across ProDertv OWned bv G. H. Board, Georqe D. PeoDles, Deborah S. PeoDles, and Acauisition of ProDertv OWned bv Michael J. Gordon. (Paul Mahoney, County Attorney) ..... ".. 11 9 February 23, 1993 Mr. Mahoney introduced william B. Hopkins, Jr. who has been hired as outside counsel for these matters. Mr. Hopkins advised that an offer had been made to G. H. Board of $562 for an easement through his property. The offer was declined and no counter-offer has been received. An independent appraisal of the property was obtained at $562.00 The County has made an offer of $1,500.00 to Mr. and Mrs. George Peoples for an easement through their property, with an independent appraisa~ of $1,465.00. The County offered Michael J. Gordon $575.00 for his property and Mr. Gordon has made a verbal counter-offer of $5,000. The independent appraisal for this property is $575.00. Mr. Hopkins recommended adoption of a resolution authorizing the acquisition and immediate right of entry to the subject properties by eminent domain. Supervisor Nickens moved to approve but withdrew his motion to allow citizen comment. Several Board members suggested further negotiations with the property owners. Mr. Mahoney advised that there will be between 200 to 240 easements related to the water transmission lines, and these are only the first ones. He estimated that there will probably be 40 more condemnations. Michael Gordon, P. O. Box 221, Bent Mountain stated he was willing to sell his property to the County for what he felt was the fair market value. In response to a question from Supervisor Johnson, he stated he was aware that the property could not be built on. He advised he had invested about $600 .... ~ I I ~ "'l1lI February 23, 1993 12 0 I I into the property. George Peoples, 6019 Steeplechase, expressed concern about the County taking down his fences where he raises llamas because this would be done during their "birthing" season. He would have to put them in trailers at considerable expense. He did not feel there had been adequate negotiation for the easement. Superv isor Nickens moved to pay each property owner $5,000 to cover the hardship, etc, but withdrew his motion after discussion. utility Director Cliff Craig advised that staff had met several times to discuss the Board property, the Peoples property and the Gordon property. He advised Mrs. People that staff would fix ~he fence and had agreed to all of Mrs. People's requests. Supervisor Nickens moved to continue the matter until March 9, 1993 to allow the attorney to negotiate further with the property owners. The motion carried by the following recorded vote: AYES: NAYS: Supervisors Johnson, KOhinke, Eddy, Nickens, Minnix None Supervisor Nickens moved to go into Executive Session following the evening session pursuant to Section 2.1-344 (a) (7) to discuss a legal matter. The motion carried by the following recorded vote: AYES: NAYS: Supervisors JOhnson, Eddy, Nickens, Minnix Supervisor Kohinke ~ ".. 12 1 February 23, 1993 IN RE: PUBLIC HEARING AND FIRST READING OF ORDINANCES ~ Public Hearinq to Declare Certain ProDerties to be SurD Ius and to Authorize the Sale of said ProDerties: Summerdean Lot A and Brooklawn, Well Lot. (Paul Mahonev, County Attorney) Mr. Mahoney reported that the Board authorized staff to dispose of certain surplus county property. Offers have been ~eceived and first re~ding of the ordinance will allow new offers prior to the second reading. Supervisor Kohinke moved to approve the first reading and set the second reading for March 9, 1993. The motion carried by the following recorded vote: AYES: Supervisors Johnson, KOhinke, Eddy, Nickens, Minnix NAYS: None L. Ordinance to Vacate a 10 Foot bv 24 Foot Waterline Easement Located on Common ProDertv Line of Lots 37 and 38, Huntinq Hills Place, Section 3 Subdivision, Located in the Cave SDrinq Maqisterial District. (Arnold Covey, Director of Enqineerinq , InsDections) There was no discussion and no citizens spoke. Supervisor Nickens moved to approve the first reading and set the second reading for March 9. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix .... ~ I I ~ February 23, 1993 122 ~ NAYS: None IN RE: PUBLIC HEARING AND SECOND READING OF ORDINANCES ~ An Ordinance to Rezone 0.206 Acre from C-2 to C-1 to Construct a Medical Office, Located at the Northwest Corner of Brambleton Avenue and Pleasant Hill Drive, Windsor Hills Magisterial District, UDon the Petition of Jackson Associates, Ltd. of Virqinia CorD. (Terrv Harrinqton, Director of Planninq , Zoninq) 0-22393-9 Mr. Harrington advised that in 1988, the property was II rezoned from B-1 to B-2 to accommodate a convenience store. The rezoning had conditions including 't;he prohibition of a clinic. The site was used for a small convenience store until Brambleton Avenue was widened. The petitioner is requesting rezoning to C-1 to allow construction of a medical office building. The Planning Commission recommended approval with no conditions. Supervisor Eddy moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Johnson, KOhinke, Eddy, Nickens, Minnix NAYS: None I ORDINANCE 22393-9 TO CHANGE THE ZONING CLASSIFICATION OF A 0.206 ACRE TRACT OF REAL ESTATE LOCATED AT THE NORTHWEST CORNER OF BRAMBLETON AVENUE AND PLEASANT HILL DRIVE (TAX MAP NO. 86.08-4-11) IN THE WINDSOR HILLS MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF C-2 TO THE ZONING CLASSIFICATION OF C-1 UPON THE ..... ".. 123 February 23, 1993 ~ APPLICATION OF JACKSON ASSOCIATES, LTD. OF VIRGINIA CORP. WHEREAS, the first reading of this ordinance was held on January 23, 1993, and the second reading and public hearing was held February 23, 1993; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on February 2, 1993; and, WHEREAS, legal notice and advertisement has been provided as required by law. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the zoning classification of a certain tract of real estate containing 0.206 acre, as described herein, and I located at the northwest corner of Brambleton Avenue and Pleasant Hill Drive, (Tax Map Number 86.08-4-11) in the Windsor Hills Magisterial District, is hereby changed from the zoning classification of C-2, General Commercial District, to the zoning classification of C-1, Office District. 2. That this action is taken upon the application of Jackson Associates, Ltd. of Virginia Corp. 3. That said real estate is more fully described as follows: BEGINNING at an iron pin on the north right-of-way of Pleasant Hill Drive said point also being the southeast corner of Lot 1,8 , Block 1, Section 1, Kingston Curt, recorded in Plat Book 11, page 43 at the Clerk's Office of I the Circuit Court of Roanoke County; thence with said Lot 18, N. 27 deg. 17' 27" E. 224.29 feet to an iron pin; thence leaving Lot 18 and with the property of Springwood Associates (DB 1272, page 1025) S. 64 deg. 27' 23" E. 39.81 .... I I "'l1lI February 23, 1993 124 feet to an iron pin on the northwest right-of-way of Brambleton Avenue (US 221); thence leaving Springwood Associates property and with the northwest right-of-way of Brambleton Avenue S. 26 deg. 33' 41" W. 198.16 feet to an iron pin; thence continuing with said right-of-way S. 66 deg. 49' 04" W. 35.99 feet to an iron pin on the north right-of-way of Pleasant Hill Drive; thence leaving Brambleton Avenue and with the north right-of-way of Pleasant Hill Drive N. 61 deg. 32' 07" W. 19.41 feet to the point and place of BEGINNING and being 0.206 acre as more particularly shown on that certain plat prepared by Lumsden Associates, P.C., dated May 31, 1991, title "Plat Showing Property (0.206 Ac.) of Jackson Associates, Ltd. of Virginia Corp. 4. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict' with the provisions of this ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed to amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. On motion of Supervisor Eddy to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Johnson, KOhinke, Eddy, Nickens, Minnix NAYS: None ~ Ordinance Vacatinq a SO-Foot UnimDroved PaDer street Referred to as Loman Drive and Shown on the MaD of North Burlinqton Heiqhts, Section 1, UDon the Petition of Fred Holdren. (Arnold Covey, Director of Enqineerinq , InsDections) (CONTINUED FROM JANUARY 23, 1993.) Supervisor Johnson moved to continue this item until ..... ".. 12 5 February 23, 1993 ~ March 9, 1993 in order for the agreement to be completed and signed. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None IN RE: EXECUTIVE SESSION At 8: 00 p.m., Supervisor Nickens moved to go into Executive Session pursuant to the Code of Virginia Section 2.1- 344 A (7) To discuss legal matter and briefings by staff members concerning negotiations with an economic development prospect. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nièkens, Minnix I "NAYS: None IN RE: CERTIFICATION OF EXECUTIVE SESSION R-22393-10 At 8: 20 p. m., Supervisor Johnson moved to return to open session and adopt the Certification Resolution. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None RESOLUTION 22393-10 CERTIFYING EXECUTIVE MEETING WAS HELD IN CONFORMITY WITH THE CODE OF VIRGINIA WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened an executive meeting on this date pursuant II to an affirmative recorded vote and in accordance with the .... "'l1lI February 23, 1993 126 provisions of The Virginia Freedom of Information Act; and WHEREAS, Section 2.1-344.1 of the Code of Virginia requires a certification by the Board of Supervisors of Roanoke County, Virginia, that such executive meeting was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, hereby certifies that, to the best of each members knowledge: 1. Only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the executive meeting which this certification resolution applies, and II 2. Only such public business matters as were identified in the motion convening the executive meeting were heard, discussed or considered by the Board of Supervisors of Roanoke County, Virginia. On motion of Supervisor Johnson to adopt the Certification Resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, KOhinke, Eddy, Nickens, Minnix NAYS: None I IN RE: ADJOURNMENT At 8:21 p.m., Supervisor Nickens moved to adjourn. The motion carried ~y a unanimous voice vote. H. ~ ".. .~ I I ....