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HomeMy WebLinkAbout1/23/1990 - Regular 043 =i January 23, 1990 Roanoke County Board of Supervisors Roanoke County Administration Center 3738 Brambleton Avenue, SW Roanoke, Virginia 24018 January 23, 1990 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 January, 1990. IN RE: CALL TO ORDER Chairman Robers called the meeting to order at 3:15 p.m. The roll call was taken. MEMBERS PRESENT: Chairman Richard Robers, Vice Chairman 04 4 I-- t::::::::: January 23, 1990 steven A. McGraw, Supervisors Lee B. Eddy, Bob L. Johnson, Harry C. Nickens MEMBERS ABSENT: None 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, County Attorney, Mary H. Allen, Clerk to the Board; Anne Marie Green, Information Officer IN RE: OPENING CEREMONIES The invocation was given by John Chambliss, Assistant County Administrator. The Pledge of Allegiance was recited by all present. IN RE: REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF AGENDA ITEMS Supervisor Johnson requested that "Reports and Inquiries of Board Members" be heard before "New Business". IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS 045 - January 23, 1990 SUDervisor Johnson: Expressed concern that according to the newspaper, certain Roanoke City funds which were earmarked for consolidation transition expenses may be used prior to 1993. He reported he has asked Roanoke City for a negotiations meeting to settle this issue. He further stated that he did not feel he could sign the agreement until this issue is settled in writing. Chairman Robers asked Supervisors Johnson and Nickens to report back following the negotiations meeting. Supervisor Eddv: (1) Reported that he had been advised by the County Attorney's Office that Bingo profits may not be taxed. He suggested including this in future legislative requests. (2) Also reported he had been advised by the County Attorney's office that the County Administrator has the authority to transfer up to $10,000 from one category to another, including contingency balances. He advised that he felt that the Board of Supervisors should have the only authority in the future to use the Board Contingency Fund. (3) Asked again for a telephone survey on Roanoke County Today and other communication methods with citizens. (4) Advised that several bills had been introduced in the General Assembly on the possibility of setting a cap on real estate assessments. He reported that he supports action by the General Assembly granting such authority to 04ó F= = January 23, 1990 Counties and asked for board support on this type of legislation. SUDervisor McGraw: Advised that the Virginia Municipal League is working on defeating the Grayson Commission legislation and that VACo would like to hire attorneys to handle support for the legislation in the General Assembly. He stated he would ask for a $2,000 appropriation for VACo for assistance in supporting the Grayson Commission legislation. SUDervisor Robers: Reported that he felt the discussions on consolidation at the Board of Supervisors retreat on January 20, 1990 were frank and open and expressed hope that this was a step forward in supporting open discussion of this issue in both Roanoke City and Roanoke County. IN RE: NEW BUSINESS ~ ADDroval of earlY retirement Dlan for Dersonnel in the Fire and Rescue DeDartment. Sheriff's DeDartment and Police DeDartment. County Administrator Elmer Hodge presented the report. He advised that currently law enforcement and firefighter employees may retire at age 55 with 30 years of service at no reduction in VSRS benefits. House Bill 1477, passed in the 1989 047 January 23, 1990 General Assembly session, will change eligibility to retire to age 50 with 25 years of serve without reduced benefits. He advised that this plan will automatically take place without board action. Several board members expressed concern at taking this action before the budget process and without knowledge of the costs and number of employees who would be eligible for the plan. Supervisor McGraw moved to adopt the resolution and staff recommendation. Supervisor Eddy offered a substitute motion to defer to the budget process to include the costs. The substitute motion carried by the following recorded vote: AYES: Supervisors Eddy, Nickens, Robers NAYS: Supervisors McGraw, Johnson ~ 1990 Roanoke Valley-Northern Virainia Economic Bridaes Proiect. A-12390-3 Economic Development Director Tim Gubala reported that there have been ongoing economic development contacts between Roanoke Valley and Northern Virginia since 1986. As a result of a marketing trip on January 15-16 with representatives of George 048 = January 23, 1990 Mason University and Fairfax County Economic Development Authority, it was determined that a high profile 1990 "economic bridges" project was necessary to capitalize on previous successes and continue momentum. It was further decided to have George Mason University sponsor a day and one half Roanoke Valley technology fair in Northern Virginia, allowing companies to display their high tech products to the Washington metro companies. staff recommended that the Regional Partnership be the central Roanoke Valley contact for the implementation of the first Roanoke Valley Technology Fair to be held in the fall of 1990. Chairman Robers complimented Mr. Gubala on the progress of this effort and expressed appreciation to George Mason University for their assistance. Supervisor Eddy moved to approve the staff recommendation. The motion carried by the following recorded vote: AYES: NAYS: Supervisors Eddy, Johnson, McGraw, Nickens, Robers None 3a. Reauest for apDropriation of funds for Police DeDartment and authorization to beqin imDlementation. 04 9 = ===:i January 23, 1990 A-12390-2 Mr. Hodge advised that a Police Chief should be hired by May 1, 1990, with full transition complete on July 1, 1990. Funds will be required for recruitment expenses, two months salary, office furnishings, repainting and re-striping of marked vehicles, and purchase of new uniforms, accessories, and office supplies. Mr. Hodge asked for an appropriation of $157,700 to cover the transition and implementation expenses, and authorization to implement the Police Department on July 1, 1990 or prior to that time, if necessary, and authorization to work with the Sheriff to allocate personnel, funds and equipment. Mr. Hodge further requested adoption of an ordinance (See Item 3.b) amending this year's budget for $189,934 funds designated for capital expenses in the Sheriff's Office and reallocating the funds to the Police Department for the purpose of purchasing vehicles for law enforcement. Supervisor Johnson moved to approve the staff recommendation. In response to a question from Supervisor Eddy, Mr. Hodge responded that the ordinance was added because the Sheriff was planning to purchase brown vehicles that would have to be repainted rather than white police vehicles. 050 ¡;:;;; January 23, 1990 AYES: NAYS: Supervisor Eddy advised that he felt that this action was premature and advised he had asked Delegate Steve Agee to get an Attorney General's ruling on whether it is mandatory to establish a police department as a result of the referendum. Supervisor's motion to approve the staff recommendation carried by the following recorded vote: Supervisors Johnson, MCGraw, Nickens, Robers Supervisor Eddy 3b. Ordinance amendinq and reenactinq the 1989-90 ADDroDriation Ordinance by transferrinq caDital outlay funds for emerqency res~onse vehicles and associated eauiDment. 0-12390-1 This ordinance was introduced by Mr. Hodge and discussed under Item 3a. Supervisor McGraw asked that during the budget process, the Board consider reallocating the supplement to the Sheriff for law enforcement to the Police Department. Supervisor Nickens moved to adopt the ordinance upon first reading. The motion carried by the following recorded vote: AYES: NAYS: Supervisors Eddy, JOhnson, McGraw, Nickens, Robers None ORDINANCE NO. 12390-1 AMENDING AND REENACTING THE 1989-90 APPROPRIATION ORDINANCE BY TRANSFERRING CAPITAL OUTLAY FUNDS FOR EMERGENCY RESPONSE VEHICLES AND ASSOCIATED EQUIPMENT WHEREAS, the Board of Supervisors of Roanoke County, 05 1 I ~anuary ~J, i~~O readings of the ordinance on June 14, 1989, pursuant to the provisions of Section 18.04 of the Roanoke County Charter; and WHEREAS, the capital outlay portion of this budget provides for the sum of $189,934 to be expended for emergency response vehicles and associated equipment for the Roanoke County Sheriff's Department; and WHEREAS, the voters of Roanoke County by referendum conducted on November 7, 1989, approved the creation of a County Police Force pursuant to Section 15.1-131.6:1 and the County has requested legislation from the General Assembly to authorize the creation and funding of such police force not later than July 1, 1990; and WHEREAS, it is the intention of the Board of Supervisors of Roanoke County, Virginia, to insure that the sum of $189,934 be expended for emergency response vehicles and associated equipment to serve the law enforcement needs of the citizens of Roanoke County. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That Ordinance No. 61489-9 appropriating funds for the 1989-90 fiscal year budget for Roanoke County, Virginia, is amended and reenacted as follows: Funds related to the purchase of emergency response vehicles and associated equipment are being transferred from the Sheriff's Department and reappropriated to a new department for the Police Department. These funds, as stated in the original budget ordinance, are being transferred as follows: Policing and Investigation CaDital 052. .T"1"I11"ry i), l'te = - (Sheriff's Department) Uniform Division Criminal Investigation Division Services Division ($171,967) ( 8,984) ( 8,983) Police Department Uniform Division Criminal Investigation Division Services Division $171,967 8,984 8,983 2. That an emergency exists therefore the second reading of this ordinance has been dispensed with by the affirmative vote of four-fifths of the members of the Board. The effective date of this ordinance shall be January 23, 1990. On motion of Supervisor Nickens and upon the following recorded vote: AYES: Supervisors Eddy, McGraw, Johnson, Nickens, Robers NAYS: None. L. ADDroval of Public-Private PartnershiD Policy Mr. Gubala presented the staff report. He advised that this policy would establish funding for site development costs, roads, utility connection and/or off site facility fees for industries that would meet certain qualifications. Following discussion of the pOlicy, Supervisor Nickens moved to defer action to February 27, 1990 so that the staff can provide more information. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Johnson, McGraw, Nickens, Robers NAYS: None IN RE: REQUESTS FOR WORK SESSIONS 053 January ", ,qqn ~ Reauest to establish dates for budqet work sessions. Finance Director Diane Hyatt presented a list of tentative work sessions to discuss the budget. Supervisor Johnson moved to set the work sessions requested by the staff. The motion carried by a unanimous voice vote. IN RE: REQUESTS FOR PUBLIC HEARING AND FIRST READING FOR REZONING ORDINANCE - CONSENT AGENDA Supervisor Johnson moved to approve first reading of the following ordinances and to set the public hearings for February 27, 1990. The motion carried by a unanimous voice vote. 1. An ordinance to amend the Future Land Use Map designation of a 53.44 acre tract from Development to Principal Industrial and to rezone said property from R-E to M-l for industrial development, located east of West Ruritan Road and north of Homestead Lane, Hollins Magisterial District, upon the request of the Roanoke County Board of Supervisors. 2. An ordinance to amend the Future Land Use Map designation of a 24.09 acre tract from Rural Village to Principal Industrial, and to conditionally rezone said property from M-2 to M-3 to construct and operate an asphalt batch mix plant, generally located south of Buck Mountain Road and east of the Blue Ridge Parkway in the Cave Spring Magisterial District. 3. An ordinance to rezone approximately 35 acres from R-l to B-2, generally located south of I-8l and west of Plantation Road in the 054 ..TA1'\11"YJ 2~, 1"0 - Hollins Magisterial District upon the request of the Roanoke County Board of Supervisors. IN RE: FIRST READING OF ORDINANCES 1. Ordinance authorizinq the paYment of a monetary bonus for exceDtional services rendered by Roanoke County employees. Mr. Hodge advised that he would like the authority to recognize exceptional service of Roanoke County employees by the implementation of a monetary bonus program. The program would be developed by the County Administrator, three Assistant County Administrators and the Director of Human Resources. He also requested $10,000 to fund the program for the remainder of 1989/90. The board members expressed concern about this program. Supervisors Eddy and McGraw advised they had met with the Employee Advisory Committee and they had reservations about the plan. Several board members also suggested that it be included in the budget process and that the Employee Advisory Committee should have the opportunity to review the ordinance. No action was taken on the ordinance. IN RE: SECOND READING OF ORDINANCES ~ Ordinance authorizina the execution of a lease of real estate. office SDace for the Roanoke County DeDartment of Social Services located in the City of Salem. 055 January ~J. 1"0 0-12390-4 Assistant County Administrator John Chambliss reported that changes had been made to the contract as the Board had requested at the first reading, with a four year primary lease and a two year renewal option. He also advised there was no available space at the old William Byrd Junior High School to relocate Social Services. Supervisor Johnson moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Johnson, McGraw, Nickens, Robers NAYS: None ORDINANCE 12390-4 ACCEPTING THE OFFER OF AND AUTHORIZING THE EXECUTION OF A LEASE OF REAL ESTATE, OFFICE SPACE FOR THE ROANOKE COUNTY DEPARTMENT OF SOCIAL SERVICES LOCATED IN THE CITY OF SALEM BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That pursuant to the provisions of Section 18.04 of the Charter of Roanoke County, the acquisition of any interest in real estate, which includes a lease of office space, shall be accomplished by ordinance and pursuant to the authority found in Sections 15.1-262 and 15.1-897 of the Code of Virginia, 1950, as amended; and 2. That pursuant to the provisions of Section 18.04 of the Charter of Roanoke County the first reading on this ordinance was held on January 9, 1990, and the second reading was held on January 23, 1990, concerning the lease of office space for the use of the Roanoke County Department of Social Services in a building located at the southwest corner of Main Street and 056 ~TAPtt1AT}- i1, 1"0 - - College Avenue in the City of Salem, Virginia, commonly known as the Salem Bank Building, together with all appurtenances thereto belonging; and 3. That this lease is with the COLLEGE AVENUE BLDG LIMITED PARTNERSHIP, a Pennsylvania limited partnership, of approximately Thirteen Thousand, Two Hundred Sixty-seven (13,267) square feet of office space consisting of the third and fourth floors, together with forty (40) percent of the tenant parking provided for the premises but in no event not less than sixteen (16) spaces for a term commencing the first day of March 1990 and ending the 28th day of February 1994 for a base rental for the initial four (4) year term of the lease of Three Hundred Ninety- six Thousand Six Hundred Eighty-three Dollars ($396,683) and with options to renew or extend the term of the lease; and 4. That the lease agreement setting forth the terms and conditions of this lease is incorporated herein by reference. 5. That the County Administrator is authorized to execute this lease on behalf of the County of Roanoke and to execute such other documents and take such other actions as are necessary to accomplish this transaction all of which shall be upon form approved by the County Attorney. On motion of Supervisor Johnson, and carried by the following recorded vote: AYES: NAYS: Supervisors Eddy, MCGraw, JOhnson, Nickens, Robers None ~ Ordinance authorizinq the acauisition of the i ~, i 057 - -, January 23, 1990 ===1 Bridlewood Water system, the Fallinq Creek Water System and the Cherry Hill Water System and the transfer of the Fallinq Creek Water System to the Town of Vinton 0-12390-5 Mr. Hodge presented the staff report. In response to a question from Supervisor Eddy, Mr. Hodge responded that Roanoke County purchased the Falling Creek Water system and will transfer to Vinton as a cost saving measure to avoid both localities competing to purchase the system. Supervisor Nickens moved to adopt the ordinance upon second reading. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Johnson, McGraw, Nickens, Robers NAYS: None ORDINANCE 12390-5 AUTHORIZING THE ACQUISITION OF THE BRIDLEWOOD WATER SYSTEM, THE FALLING CREEK WATER SYSTEM AND THE CHERRY HILL WATER SYSTEM AND THE TRANSFER OF THE FALLING CREEK WATER SYSTEM TO THE TOWN OF VINTON WHEREAS, on November 4, 1986, the voters of Roanoke County approved at referendum the issuance of general obligation bonds to finance the costs of improving the County's public water supply; and, WHEREAS, $1,000,000 of this referendum were allocated to the purchase of selected private water systems and wells; and, WHEREAS, these bonds were issued March 1, 1988 through the Virginia Resources Authority, and the proceeds used to 058 ~äRuary ~3! 19~O = t:= acquire five (5) privately owned water systems, leaving a balance of approximately $477,000; and, WHEREAS, the utility Director has negotiated an agreement to acquire an additional three (3) privately owned water systems; and, WHEREAS, Section l8.04 of the Roanoke County Charter directs that the acquisition of real estate be accomplished by ordinance; the first reading of this ordinance was held on December 19, 1989, and the second reading was held on January 23, 1990. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA: 1) That the acquisition and acceptance of the Cherry Hill Water System, which serves the Greenhill subdivision located in west County, from the Cherry Hill Water Company for the sum of Eleven Thousand ($11,000.00) Dollars is hereby authorized and approved. 2) That the acquisition and acceptance of the Bridlewood Water System, which serves the Bridlewood subdivision in southwest County, from Water Distributors, Inc. for the sum of Ninety Thousand One Hundred ($90,100.00) Dollars is hereby authorized and approved. 3) That the acquisition and acceptance of the Falling Creek Water System, which serves the Falling Creek subdivision in east County, from Water Distributors, Inc. for the sum of One Hundred Twenty Thousand Four Hundred ($l20,400.00) Dollars is hereby authorized and approved. That the acquisition of this water system is subject to modification of the May 25, 1979 059 Januayy ", 19¡O Agreement with the Town of Vinton to allow the County to provide water services within the area designated by said agreement. 4) That the assignment of the County's right to acquire the Falling Creek Water System, or the subsequent sale of the Falling Creek Water System by the County to the Town of vinton for the sum of One Hundred Twenty Thousand Four Hundred ($120,400.00) Dollars is hereby authorized and approved. The transfer of the Falling Creek Water System to the Town of Vinton is authorized pursuant to Section 16.01 of the Roanoke County Charter since it is being made available for other public uses. 5) That the sum of One Hundred One Thousand One Hundred ($101,100.00) Dollars is hereby appropriated from the 1988 General Obligation Bond proceeds to fund the purchases of the Cherry Hill Water System and the Bridlewood Water System in the amounts and for the purposes described herein. The full faith and credit of the County is pledged to the payment of this bond; however the County plans to pay this bond from the proceeds of the revenues from the County water system and utility Enterprise Fund. That the sum of One Hundred Twenty Thousand Four Hundred ($120,400.00) Dollars for the acquisition of the Falling Creek Water System is hereby appropriated from the utility Enterprise Fund. 6) That the County Administrator is hereby authorized to execute such documents and take such actions as may be necessary to accomplish these transactions, all of which shall be on form approved by the County Attorney. On motion of Supervisor Nickens, and carried by the following recorded vote: 060 Januäry 23, 1990 AYES: Supervisors Eddy, McGraw, Johnson, Nickens, Robers NAYS: None IN RE: APPOINTMENTS ~ Status of the Court Service Unit Advisory Council/Youth and FamilY Services Advisory Board Appointments to the Committee have been removed for consideration until a report is received from Michael Lazzuri, Director of Family Court Services, regarding the status of the committee. IN RE: CONSENT AGENDA Supervisor Eddy asked that Item 1 be removed for a separate vote. Supervisor Nickens moved to approve items 2 and 3. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Johnson, McGraw, Nickens, Robers NAYS: None Supervisor Nickens moved to approve Item 1. The motion carried by the following recorded vote: AYES: Supervisors Johnson, McGraw, Nickens, Robers NAYS: None ABSTAIN: Supervisor Eddy RESOLUTION NO. 12390-6 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM CONSENT AGENDA January 23, 1990 Ofi1~ BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That certain section of the agenda of the Board of Supervisors for January 23, 1990, designated as Item L - Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 through 3, inclusive, as follows: 1. Approval of Minutes - May 23, 1989 2. Approval of Minutes - January 3, 1990 3. Confirmation of Committee Appointments to the Mental Health Services of the Roanoke Valley Community Services Board, Library Board and Transportation and Safety Commission. 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. Items L-2, L-3 on motion of Supervisor Nickens with the following recorded vote: AYES: Supervisors Eddy, McGraw, Johnson, Nickens, Robers NAYS: None Item L-l on motion of Supervisor Nickens with the following recorded vote: AYES: Supervisors McGraw, Johnson, Nickens, Robers NAYS: None ABSTAIN: Supervisor Eddy IN RE: REPORTS 062 January 23, 1990 - Supervisor Johnson moved to receive and file the following reports. The motion carried by a unanimous voice vote. 1. Capital Fund Unappropriated Balance 2. General Fund Unappropriated Balance 3. Board Contingency Fund 4. Statement of Expenditures and Income Analysis _ December 31, 1989 5. Accounts Paid - December 1989 IN RE: RECESS At 5:06 p.m., Chairman Robers declared a dinner recess. EVENING SESSION (7:00 P.M.) IN RE: PUBLIC HEARING AND SECOND READING OF ORDINANCES 190-1 Ordinance amending Chapter 8, "Erosion and Sediment Control", of the Roanoke County Code by amending Section 8-11 (a), "Control Measures Generally" to provide for the adoption of stormwater management criteria; and Resolution adopting a new section of the Design and Construction Standards Manual entitled "Stormwater Management Criteria."(CONTINUED FROM DECEMBER 19, 1989) Director of Development and Inspections Arnold Covey reported that since October 24, 1989, the County staff has been meeting with the Roanoke Valley Homebuilders to resolve issues concerning the stormwater management program and a compromise has ===1 January 23, 1990 063 now been reached. Mr. Covey reviewed the changes to the proposed ordinance. He requested approval of the ordinance adopting the Erosion and Sediment Control and adoption of a resolution adding a new section to the Design and Construction Standards Manual. In response to a question from Supervisor Nickens, Mr. Covey advised that they agreed to phase in the 10 and 25 year stormwater management design requirement after 60 days rather than make the effective date immediately because there are some projects already being developed that could not meet the requirements. Supervisor Eddy moved to adopt the ordinance and resolution with changes made to the manual that would improve the wording. Supervisor Nickens offered a substitute motion to approve the ordinance amended that developers post sufficient bond and that the 10-25 year standards become effective upon adoption. The motion was defeated by the following recorded vote: AYES: Supervisor Nickens NAYS: Supervisors Eddy, McGraw, Johnson, Robers Supervisor Eddy's withdrew his original motion and moved to adopt the ordinance. The motion was carried by the following recorded vote: AYES: NAYS: Supervisors Eddy, Johnson, McGraw, Robers Supervisor Nickens Supervisor Eddy moved to adopt the resolution with the understanding that the manual be corrected with improved wording and be brought back to the Board of Supervisors for ratification. 064 Ja.llWaL.Y .ðJ I 199u - ~ The motion carried by the following recorded vote: AYES: Supervisors Eddy, Johnson, McGraw, Robers NAYS: Supervisor Nickens ORDINANCE 12390-7 AMENDING CHAPTER 8, "EROSION AND SEDIMENT CONTROL" OF THE ROANOKE COUNTY CODE BY AMENDING SECTION 8-ll(a) , "CONTROL MEASURES GENERALLY" TO PROVIDE FOR THE ADOPTION OF STORMWATER MANAGEMENT CRITERIA WHEREAS, the adoption of more stringent criteria to regulate stormwater management is authorized by Section 10.1-562 of the Code of Virginia, 1950, as amended; and WHEREAS, notice of the County's intention to adopt an amendment to its erosion and sediment control ordinance was duly advertised in the Roanoke Times and World News on October 10, 1989, October 17, 1989, December 5, 1989, and December 12, 1989; and WHEREAS, the first reading on this ordinance was held on October 10, 1989; the second reading and public hearing were held on January 23, 1990. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That Chapter 8, "Erosion and Sediment Control" of the Roanoke County Code be, and hereby is, amended and reenacted by amending Section 8-ll(a) to read and provide as follows: Sec. 8-ll.Control measures generally. (a) Practices for erosion and sediment control in the county shall meet or exceed the standards and specifications contained in the Virginia Erosion and Sediment Control Handbook, .T:oI1"\1HI.ry 2'3. 1990 065 Part III, as published and amended through March 8, 1983, in haec verba and the Code of Virginia, as amended, through such date, exceDt for those more strinaent local stormwater manaqement criteria which the Board of Supervisors of Roanoke County. Virqinia, may adoDt bY resolution and incorDorate into the manual of requlations and ~olicies entitled " Desiqn and Construction standards Manual." 2.That these amendments, additions, and reenactment shall be in full force and effect from and after January 23, 1990, and that the effective date for this ordinance and the section of the "Design and Construction Standards Manual" concerning "10 Year Design Requirements" shall be in full force and effect from and after January 23, 1990. The "10 and 25 Year Design Requirements" of said Manual shall be in force and effect from and after March 23, 1990. On motion of Supervisor Eddy, and carried by the following recorded vote: AYES: Supervisors Eddy, McGraw, Johnson, Robers NAYS: Supervisor Nickens RESOLUTION 12390-8 ADOPTING A NEW SECTION OF THE DESIGN AND CONSTRUCTION STANDARDS MANUAL ENTITLED "STORMWATER MANAGEMENT CRITERIA" WHEREAS, the Department of Development is in the process of preparing a manual to assist the public, and especially the development community, for clarification of rules, regulations, and policies applicable to land development in Roanoke County; and WHEREAS, a Design and Construction Standards Committee o 6 6 ;~ January 23, 1990 - - composed of area engineers, surveyors, members of the Roanoke Valley Homebuilders Association, and County staff was assembled to develop the content of the manual and the design standards; and WHEREAS, it was the consensus of the committee to address the areas of water, sewer, street and parking, and stormwater management in the manual; and WHEREAS, at its meeting on February 14, 1989, the Board of Supervisors of Roanoke County, Virginia, by resolution, adopted a manual of regulations and policies entitled "Design and Construction Standards Manual" to assist the public in the clarification and interpretation of rules, regulations, and policies applicable to land development in Roanoke County, and in particular, the areas of water, sewer, street and parking; and WHEREAS, the water design standards, street and parking design standards and specifications, and sUbdivision approval for on-site sewage disposal and well systems standards chapters of the manual have been previously completed and adopted. NOW, THEREFORE, be it resolved that the Board of Supervisors of Roanoke County, Virginia, does hereby adopt the fourth component of the Design and Construction Standards Manual entitled "Stormwater Management Criteria" which is attached hereto and incorporated herein by reference. Further the section of the manual concerning "10 Year Design Requirements" shall be in full force and effect from and after January 23, 1990, and the stormwater management criteria shall apply to all plans which have not been approved by the Department of Development and Inspection on or before January 23, = January 23, 1990 06 7 1990. The "10 and 25 Year Design Requirements" shall be in full force and effect from and after March 23, 1990. These stormwater management criteria shall apply to all plans which have not been approved by the Department of Development and Inspection on or before March 23, 1990. On motion of Supervisor Eddy to adopt resolution with improved wording in the manual, and carried by the following recorded vote: AYES: Supervisors Eddy, McGraw, Johnson, Robers NAYS: Supervisor Nickens 190-2 Petition of Fralin and Waldron. Inc. to amend proffered conditions on approximately 3.9 acres, to construct an office park in accordance with a concept plan dated March 28, 1988, located on the north side of Route 419 at the intersection of Chaparral Drive in the Cave Spring Magisterial District. Planning Director Terry Harrington presented the staff report. He advised that the rezoning was originally approved in 1985. The differences between the rezoning approved with conditions and the actual building include the difference in height with the original request being for three stories and the development being built at five stories; the location of the building is different from that approved on the concept plan and there is now additional parking. The significant impact factors include: (1) the topography differs considerable from the 1985 plan because of filling to accommodate the altered location; (2) there has been additional commercial development along the 419 corridor; (3) the current site plan differs from the proffered 068 ~am.{ary .2,) I l:.J:.JU - = site plan which restricted the building to a two story design and the present building is located differently from the original plan; (4) there is a difference in the screening and landscaping due to the height of the building; and (5) there is additional parking due the additional size of the building. The Planning Commission moved to deny the petition. The motion failed on a vote of three to one with one abstention. The prevalent opinion of the Planning Commission was that the issue should be viewed as a land use issue and that the petition conforms to the Comprehensive Plan. Ed Natt, attorney for the Petitioner was present. He reviewed the history of the rezoning petition and advised that the site plan was proffered and it now varies in three respects. The original site was to have two stories above ground and one story partially above ground. The new site plan with the changes was approved by Roanoke County, a building permit was issued and construction was started. When Fralin and Waldron were advised that the building was too tall, they stopped construction immediately except for stabilization of a wall. They have now filed a rezoning petition to amend the original conditions. The petitioners met with the community and the new conditions include proffer of the new site plan, and the building will be limited to three stories and a fourth lower level of finished space, a reduction of one story. The petitioners felt that a three story building, as orginally planned in 1985 would not be financially feasible now. Mr. Natt further announced that 16 foot evergreen trees on a berm will be used for screening, and parking has been moved away from the residential area. He reviewed the other January 23. 1990 069 proffered conditions. The petitioners have also agreed to make substantial improvements to downstream problems in Murray Run. Mr. Natt reminded the Board the this rezoning is similar to others in the 419 corridor, drainage will be improved and screening exceeds the County's ordinance even though it does not hide the building. Mr. Natt reported that this was not an effort by Fralin and Waldron to "sneak" changes by the neighbors and staff. He pointed out that the County approved the plans and the rezoning meets the comprehensive plan and 419 corridor plan. The following citizens spoke in opposition to the petition citing violation of the 1985 conditions, property devaluation, the future integrity of proffered conditions, increased flooding and traffic, and changes to the Land Use Plan, 1. Raymond Scher, 2360 East Ruritan Road 2. Linda LaeFever, 3608 Janney Lane, president of the Green Valley civic Association. 3. J. Parker Swanson, 3720 Janney Lane, affiliated with the Green Valley civic Association 4. Jerry Breeding, 3783 Colony Lane 5. Elfie Allman, 3726 Janney Lane presented a petition opposing the approval of the new conditions. 6. Roger Atkins, 3628 Janney Lane 7. Hoppy Peoples, 3587 Berryhill Drive 8. Ruth Mosely, 3425 Greencliff Road 9. W. G. Rosebro, 4712 Easthill Drive 10. David S. Courey, 3419 Ashmeade Drive 070 Jau..a,¡,y JJ, 1990 - = 11. Anthony Hehn, 6006 Woodcock Circle 12. Dr. willis Lanier, 4743 Woodley Drive 13. Joseph Toti, 4719 Easthill Drive 14. Charles M. Anderson spoke concerning Fralin and Waldron's promise to improve flooding problems from Murray Run. Mr. Natt asked for time to rebut the comments made by citizens. He pointed out that this should be addressed as a land use issue only. They had negotiated with the neighborhood and provided additional conditions and have reduced the size of the building. He reviewed the concessions made by Fralin and Waldron. Supervisor Robers advised he had met with the petitioner, the neighborhood, and joint meetings. He moved to deny the petition. Supervisor Eddy announced he was a member of the Planning Commission at the time of the original rezoning and felt he would not have voted for a five story building at that time. Supervisor Rober's motion to deny the petition carried by the following recorded vote: AYES: Supervisors Eddy, Johnson, McGraw, Nickens, Robers NAYS: None IN RE: RECESS At 8:35 p.m., Chairman Robers declared a five minutes recess. DENIAL OF ORDINANCE TO AMEND PROFFERED CONDITIONS ON THE REZONING OF A 3.9 ACRE TRACT OF 071 ~ Jan11ary 2). 199Q REAL ESTATE LOCATED ON THE NORTH SIDE OF ROUTE 419 AT THE INTERSECTION OF CHAPARRAL DRIVE (TAX MAP NOS. 87.06-4-1 AND 87.06- 4-2) IN THE CAVE SPRING MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF B-1, CONDITIONAL, TO THE ZONING CLASSIFICATION OF B- 1, CONDITIONAL UPON THE APPLICATION OF FRALIN & WALDRON INC. WHEREAS, the first reading of this ordinance was held on December 19, 1989, and the second reading and public hearing was held January 23, 1990; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on January 3, 1990; and, WHEREAS, legal notice and advertisement has been provided as required by law; and WHEREAS, this property was rezoned from R-3, Multi- family Residential District, to B-1, Office District with proffered conditions, on August 13, 1985. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: DENIED on motion of Supervisor Robers, and carried by the following recorded vote: AYES: Supervisors Eddy, McGraw, Johnson, Nickens, Robers NAYS: None 190-3 Petition of Aerospace Research COrDoration to amend the Future Land Use Plan map designation of a 28.05 acre parcel from Rural Preserve to Development and to rezone a 22.5 acre parcel from M-2 to R-l to develop a subdivision located off Route 939 in the 072 January 23, 1990 - = Vinton Magisterial District. Mr. Harrington presented the staff report. The Planning Commission found no significant impact factors and recommended approval of the rezoning request by a three-two vote, and recommended denial of the amendment to the Land Use Plan map designation by a one to four vote. There are three proffered conditions. Supervisor Nickens expressed concern about the accommodation of additional students at William Byrd High School. Ms. Dorothy Hamrick from Aerospace Research Corporation was present and read a statement explaining their plans for the property. They plan to develop 27 one acre or more single family lots because it would be difficult to develop the property for commercial use due to lack of water and sewer and the sloping land. Mr. Jack Carter was also present to answer questions. Supervisor Nickens advised he felt this rezoning was incompatible with the land use plan and the area should be developed with larger acreage because of the terrain. Supervisor Eddy agreed and was concerned about suburban sprawl and that Aerospace Research was involved with explosives. Mrs. Hamrick responded there is no longer explosive research being done and the lots are located away from the research. Supervisor Johnson asked the staff to work with the petitioner to find the best future use for the property and Supervisor McGraw concurred. Following further discussion, Supervisor Nickens moved to deny the petition. The motion carried by the following 073 - ..January ~J. l~~O recorded vote: AYES: Supervisors Eddy, Johnson, Nickens, Robers NAYS: Supervisor McGraw DENIAL OF ORDINANCE TO AMEND THE FU'~'uRE LAND USE PLAN MAP DESIGNATION OF APPROXIMATELY 28.05 ACRES LOCATED OFF OF ROUTE 939 (AEROSPACE ROAD) IN THE VINTON MAGISTERIAL DISTRICT FROM RURAL PRESERVE TO DEVELOPMENT AND TO CHANGE THE ZONING CLASSIFICATION OF A 22.5 ACRE PARCEL FROM M-2 TO THE ZONING CLASSIFICATION R-l UPON THE APPLICATION OF AEROSPACE RESEARCH CORPORATION WHEREAS, the first reading of this ordinance was held on December 19, 1989, and the second reading and public hearing was held on January 23, 1990; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on January 3, 1990; and, WHEREAS, legal notice and advertisement has been provided as required by law. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: DENIED on motion of Supervisor Nickens, and carried by the followinq recorded vote: AYES: Supervisors Eddy, Johnson, Nickens, Robers NAYS: Supervisor McGraw 07 4 Ja!lw.aL)' J1, 19$tu --- L- 190-4 Petition of Brambleton storaqe COrDoration to amend the proffered conditions on a 1.01 acre tract in accordance with a concept plan dated November 10, 1989 and to conditionally rezone a 1.016 acre tract from B-2 to M-l to construct mini-warehouses located behind 3707 and 3655 Brambleton Avenue in the Windsor Hills Magisterial District. Mr. Harrington presented the staff report, advising that warehouse land uses are discouraged in Core Land Use categories. other concerns are the site layout, lack of proper space to load and unload, lack of sufficient parking, and the ;~ slope of the property. The Planning Commission moved to recommend approval with six proffered conditions which answered their concerns. Michael Smeltzer, attorney for the petitioners, pointed out that the petitioners have attempted to address the concerns about the usage of the property. They have met with Ken Sharp, Fire Marshal regarding access for fire and rescue vehicles. They are asking for the rezoning to match the other piece of property rezoned in 1985, and have upgraded the conditions. Supervisor Nickens stated he was concerned about impact factors that were not addressed in the conditions such as the interior access, lack of parking, loading and unloading, steep slopes, and hazardous street access. He felt he could not support the rezoning petition. Frank Caldwell, an engineer for the petitioner, responded that they made adjustments after meeting with the county staff. There is rarely more than one car at a mini- warehouse at one time and there are usually only about 15 car per January 23, 1990 075 -, day. He Ieit that this seemed to be an appropriate use for the ===4 I space. Supervisor Eddy also expressed concern about the negatives in the staff report and felt the petition should be denied. Supervisor Nickens moved to deny the petition. The motion carried by the following recorded vote: '" AYES: Supervisors Eddy, Johnson, McGraw, Nickens, Robers NAYS: None DENIAL OF ORDINANCE TO CHANGE THE ZONING CLASS~FICATION OF A 1.016 ACRE TRACT OF REAL ESTATE LOCATED GENERALLY BEHIND 3707 AND 3655 BRAMBLETON AVENUE (TAX MAP NOS. 77.09-4-52 AND 77.09-4-52.1) IN THE WINDSOR HILLS MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF B-2 TO THE ZONING CLASSIFICATION OF M-l WITH CONDITIONS UPON THE APPLICATION OF BRAMBLETON STORAGE CORPORATION WHEREAS, the first reading of this ordinance was held on December 19, 1989, and the second reading and public hearing was held January 23, 1990; and, WHEREAS, the Roanoke County Planning commission held a public hearing on this matter on January 3, 1990; and, WHEREAS, legal notice and advertisement has been provided as required by law. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: Denied on motion of Supervisor Nickens, and carried by the following recorded vote: 076 January 23, 1990 . .- . .- AYES: Supervisors Eddy, McGraw, Johnson, Nickens, Robers = NAYS: None 190-5 Petition of Professional Services Industries to conditionally rezone a .68 acre tract from B-2 to M-l to permit storage and fabrication of metal products, located at 4920 Cove Road in the Catawba Magisterial District. Mr. Harrington presented the staff report. The only significant impact factor was that the rezoning is not consistent with the Comprehensive Plan. The Planning Commission recommended approval with five proffered conditions. Following questions concerning the surrounding zoning and access, Supervisor Johnson moved to approve the petition with proffered conditions. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Johnson, Nickens, Robers NAYS: None ABSTAIN: Supervisor McGraw ORDINANCE 12390-9 TO CHANGE THE ZONING CLASSIFICATION OF A .68 ACRE TRACT OF REAL ESTATE LOCATED AT 4920 COVE ROAD (TAX MAP NO. 37.17- 01-05) IN THE CATAWBA MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF B-2 TO THE ZONING CLASSIFICATION OF M-l WITH CONDITIONS UPON THE APPLICATION OF PROFESSIONAL SERVICES INDUSTRIES INC. WHEREAS, the first reading of this ordinance was held on December 19, 1989, and the second reading and public hearing was held January 23, 1990; and, January 23, 1990 077 -------, WH~REAS, the Roanoke County Planning Commission held a public hearing on this matter on January 3, 1990; 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 .68 acre, as described herein, and located at 4920 Cove Road, (Tax Map Number 37.17-01-05) in the Catawba Magisterial District, is hereby changed from the zoning classification of B-2, General Commercial District, to the zoning classification of M-l, Light Industrial District. 2. That this action is taken upon the application of Professional Services Industries Inc. 3. That the applicant has voluntarily proffered in writing the following conditions which the Board of Supervisors hereby accepts: (1) (2) (3) (4) (5) No outside storage of materials. Cosmetic improvements to the exterior of the building. Plant new shrubs in front of the building. The property will be used primarily for the sale of heating and air conditioning systems and guttering and related components, and for the inside storage and fabrication of materials incidental to such sales and for office, administrative and other purposes reasonably related to the activities above-described. The total area of all business signs on the property will not at anyone time exceed the sum of 1.25 07 8 January 23, 1990 follows: = square feet for each lineal foot of street frontage and in no event more than 300 square feet, regardless of the number of lineal feet of street frontage. 4. That said real estate is more fully described as BEGINNING at an iron stake on the northwesterly right-of-way line of Peters Creek Road, Virginia Highway Route 117, 146.29 feet northeasterly from an angle point at the northwesterly corner of Peters Creek Road and Cove Road, said beginning point being the northeasterly corner of the property of Humble Oil Co.; thence leaving Peters Creek Road and with two lines of the Humble oil Co. property N. 74 deg. 21' W. 100.0 feet to an iron stake; thence S. 34 deg. 28' 30" W. 165.00 feet to an iron stake on the northerly right- of-way line of Cove Road (Virginia Highway No. 116); thence with same, leaving the Humble oil Co. property N. 74 deg. 21' W. 113.00 feet to an iron stake, a corner to the property of Mrs. Dorothy H. Whitesell, Mrs. Geraldine H. Waring and Frances H. Easley; thence with same and leaving Cove Road, N. 35 deg. 12' 10" E. 250.0 feet to a point, a new corner; thence with a new division line through the property of William Kenney S. 62 deg. 16' 50" E. 201.59 feet to a point on the northwesterly right- of-way line of Peters Creek Road: thence with said right-of-way line with a curved line to the left, having a radius of 2334.83 feet, a chord bearing and distance of S. 36 deg. 59' 35" W. 40.0 feet and an arc distance of 40.00 feet to the point of BEGINNING, containing 0.0685 acres, as shown on plat made by David Dick & Associates, dated February 26, 1973, which said plat is recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Deed Book 968, page 99. January 23, 1990 07 9 BEING a part of the same property conveyed to William Kenney by deed dated July 26, 1971, which said deed is recorded in the aforementioned Clerk's Office in Deed Book 926, page 533. 5. That the effective date of this ordinance shall be January 23, 1990. On motion of Supervisor JOhnson, and carried by the following recorded vote: AYES: Supervisors Eddy, Johnson, Nickens, Robers NAYS: None ABSTAIN: Supervisor McGraw 190-6 Petition of Roanoke County Board of SUDervisors to amend the Future Land Use Plan map designation of approximately 105 acres from Development to Principal Industrial and to rezone said property from R-E to M-l for industrial development located between Route 11/460 and Carson Road in the Hollins Magisterial District. (PETITIONER HAS REQUESTED A CONTINUANCE TO FEBRUARY 27, 1990. ) IN RE: PUBLIC HEARINGS 190-7 Public Hearing to elicit written or oral comments for items to be included in the budqet for 1990-91 fiscal year. Mr. Hodge reported that this public hearing is held prior to the budget process to allow citizens to have comment and input before the process begins. The following citizens spoke regarding the proposed budget: 1. Ruth Mosely, 3425 Greencliff Road, asked that extra 080 January 23, 1990 ......... runas be used to lower the tax rates. She felt that it was ......... unfair to raise real estate assessments. 2. Emmanual Sowder, 4850 Brookwood was opposed to high real estate assessments and requested lower tax rates. He felt the assessments were not accurate. 3. David Courey, 3419 Ashmeade Drive, opposed to high tax rates. Supervisor Johnson pointed out the expenses necessary to close Dixie Caverns Landfill and to fund the Spring Hollow Reservoir. 190-8 Public Hearing for written or oral comment concerning the Establishment of the Six-Year Construction Plan for the secondary system of the state Highways for Fiscal Year 1990- 1996. Director of Engineering Phillip Henry reported on the preliminary Secondary Road Six Year Construction Plan and asked for input from the citizens. Fred Altizer and Bill Manning from the Virginia Department of Transportation were available for questions. In response to a question from Supervisor Johnson, Mr. Altizer advised there was no consolidated plan showing the overall needs for road improvement. The following citizens spoke: 1. Shelly Rosenbloom, 3275 Timberview Road, asked for improvements to Timberview including widening and repaving. There are no guardrails and there have been several accidents. 2. Mark Siler, 3471 Old Towne Road, requested January 23, 1990 08 1 ;; =:\ ~mprovements to Colonial Avenue and improvements to the ditch - I along the road. 3. Supervisor Robers requested that a letter be entered into the record from Roxy Fisher, 8671 Boones Chapel Road, asking for improvements to Boones Chapel Road. She indicated that improvements are planned for the beginning of the road but not the remainder. In response to a question from Supervisor Eddy regarding those roads referred to by the citizens, Mr. Henry advised that these roads are not in the Six-Year plan. He further advised that the roads now in the plan are the same as those in 1988 and no roads have been added. They have prepared a list of additional projects that the Board may wish to add, and the roads mentioned by the citizens are on that list. Supervisor Eddy reminded the citizens to get their road requests to their Board members, staff and VDOT before the work session which will be held on February 13, 1990. Supervisor Nickens pointed out that the Board has attempted not to politicize getting roads into the Six-Year Plan and that they rely on the expertise of the staff and VDOT on the - prioritization. He advised the citizens that with the limited funds available, they are not able to address most of the road problems. In response, Supervisor Eddy pointed out that the citizens have the right to have input into the process. 190-9 Public Hearing and approval of resolution supporting the designation of property of Roanoke Rebos Inc. as exemDt from taxation by the General Assembly of Virginia. A-12390-l0 OSl January 23, 1990 = Mr. Hodge advised that this request was in response to a request at the previous meeting. He has found out that the time for filing with the state for this year has past and this request would be for next year. He reported that there are many other organizations would also qualify for this tax exemption that he would not recommend approval until the impact was know of granting tax exempt status on other such organizations. - Supervisor Eddy advised he strongly supported this measure. John Turner, Roanoke Rebos was present and stated that he just found out that the deadline had passed. Supervisor Eddy moved to adopt the prepared resolution. The motion was denied by the following recorded vote: AYES: Supervisors Eddy, Robers NAYS: Supervisors Johnson, McGraw, Nickens Supervisor Eddy asked Mr. Hodge to investigate how many other organizations could request this type of tax exempt status. 190-10 Public Hearing for citizen comment for the Treasurer to issue up to $9 million Revenue AnticiDation Notes for cash flow purposes and the adoption of a resolution approving the borrowing. R-12390-ll Director of Finance Diane Hyatt and Treasurer Alfred Anderson were present. Mr. Anderson and Ms. Hyatt advised that this request for borrowing is because of a timing variance between collection of taxes and payments that the County must make. Mr. Ernest Hedrick, 4338 Buck Mountain Road suggested that stronger enforcement of the decal fee might result in January 23, 1990 Os 3 additional tax revenue. Supervisor Nickens moved to adopt the prepared resolution. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Johnson, McGraw, Nickens, Robers NAYS: None RESOLUTION 12390-11 AUTHORIZING THE ISSUANCE AND SALE OF THE COUNTY OF ROANOKE, VIRGINIA REVENUE ANTICIPATION NOTES, SERIES 1990 IN THE AMOUNT OF $9,000,000 AND SETTING FORTH THE FORM AND DETAILS THEREOF WHEREAS, Section 15.1-545 of the Code of Virginia of 1950, as amended, authorizes the Board of Supervisors of the County of Roanoke, Virginia ("Board") to borrow money for the purpose of meeting casual deficits in the revenue of the County of Roanoke, Virginia ("County"); and WHEREAS, the Board has determined that it is necessary and expedient to borrow $9,000,000 on behalf of the County and to issue its Revenue Anticipation Notes, Series 1990 therefor ("Notes") to meet casual cash flow deficits of the County; and WHEREAS, the County has heretofore held a public hearing on the issuance of the Notes in accordance with the requirements of Section 15.1-171.1 of the Code of Virginia of 1950, as amended, and the County desires to specify the form and details of the Notes and to award the Notes to the bidder whose proposal results in the lowest interest cost to the County. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of the County of Roanoke, Virginia: 1. The Board of the County hereby determines that it is advisable to contract a debt and to issue and sell the Notes in a aggregate principal amount of $9,000,000. The issuance and sale of the Notes are hereby authorized. The proceeds from the issuance and sale of the Notes shall be used to meet casual cash flow deficits of the County. 2. The Notes shall be issued in fully registered 1)84 ~ January 23, 1990 - rorm, W1~nou~ coupons, in substantially the form attached hereto as Exhibit A. The Notes shall be dated as of the date of their issuance and delivery, shall be issued in denominations of not less than $100,000 each or whole multiples of $5,000 in excess of $100,000, shall be numbered N-l and upward, sequentially, shall bear interest at a rate such that the true interest cost of the Notes does not exceed 9.00% per annum, such rate to be established by the County Administrator, payable at maturity, and shall mature on June 15, 1990. The County Administrator shall accept the bid for the purchase of the Notes which results in the lowest interest cost to the County in accordance with the County's notice of sale or request for proposals, provided that such interest cost shall not exceed the maximum set forth above. The Notes shall not be subject to payment or redemption before maturity. 3. The County Administrator and Treasurer of the County are hereby authorized and directed to execute the Notes, and the County Administrator is hereby authorized to affix or imprint the seal of the County on the Notes. The form of execution, imprinting of the seal and attestation may be by facsimile; provided, however, if the signatures of the County Administrator and Treasurer are both by facsimile, the Notes shall not be valid until authenticated by the manual signature of the Paying Agent. In case any officer whose signature or a facsimile of whose signature shall appear on any Note shall cease to be such officer before the delivery of the Notes, such signature or such facsimile shall nevertheless be valid and sufficient for all purposes the same as if he or she had remained in office until such delivery. Any Note may bear the facsimile signature of or may be signed by such persons as at the actual time of its execution are the proper officers to sign such Note although at the date of delivery of such Note such persons may not have been such officers. Upon receipt of payment therefor, - January 23, 1990 o~ ~. the Treasurer of the County or such agent as may be designated, shall issue and deliver the Notes to the purchaser or purchasers thereof. The officers and agents of the County are further authorized and directed to do all acts required by the Notes and by this Resolution for the full, punctual and complete performance of all things necessary for this borrowing. 4. Crestar Bank, Richmond, Virginia is appointed as Paying Agent and Registrar for the Notes. The principal of and interest on the Notes shall be payable in lawful money of the United states upon surrender of the Notes on the maturity date at the principal corporate trust office of the Paying Agent in Richmond, Virginia. 5. Upon surrender for transfer or exchange of any Note at the principal office of the Note Registrar, the County shall execute and deliver and the Note Registrar shall authenticate in the name of the transferee or transferees a new Note or Notes of any authorized denomination in an aggregate principal amount equal to the Note surrendered and of the same form and maturity and bearing interest at the same rate as the Note surrendered, subject in each case to such reasonable regulations as the County and the Note Registrar may prescribe. All Notes presented for transfer or exchange shall be accompanied by a written instrument or instruments of transfer or authorization for exchange, in form and substance reasonably satisfactory to the County and the Note Registrar, duly executed by the registered owner or by his or her duly authorized attorney-in-fact or legal representative. No Note may be registered to bearer. New Notes delivered upon any transfer or exchange shall be valid obligations of the County, evidencing the same debt as the Notes surrendered, shall be secured by this Resolution and entitled to all of the security and benefits hereof to the same extent as the Notes surrendered. 08 6 January 23, 1990 6. No charge shall be made for any exchange or transfer of Notes, but the County may require by the holder of any Note of a sum sufficient to cover any tax or other governmental charge which may be imposed with respect to the transfer or exchange of such Note. 7. The Board agrees on behalf of the County that the proceeds from the issuance and sale of the Notes will be invested and expended as set forth in the Non-Arbitrage Certificate and Tax Covenants of the County to be delivered at the time of the issuance and delivery of the Notes and that the County will comply with such covenants as may be necessary in order to comply with the provisions of the Internal Revenue Code of 1986, as amended ("Code") including the provisions of Section 148 of the Code and applicable regulations relating to "arbitrage bonds," and with the other covenants and representations contained therein. Further, the County shall comply with the reporting requirements of Section l49(e) of the Code. 8. The officers and agents of the County are hereby authorized and directed to prepare, execute and deliver an appropriate official statement, notice of sale, request for proposals or such other disclosure documents as may be necessary to expedite the sale of the Notes. The official statement, notice of sale or other disclosure documents shall be published in such publications and distributed in such manner and at such times as the appropriate officers or agents of the County shall determine. - I.-- '- 9. The officers and agents of the County are authorized and directed to take such further action as may be necessary or convenient in connection with the issuance, sale and delivery of the Notes and all actions previously taken by such officers and agents in connection therewith are ratified and confirmed. 10. The appropriate officers and agents of the County are January 23, 1990 08 7 --, authorized and directed to immediately cause a certified copy of this Resolution, setting forth the form and details of the Notes, to be filed with the circuit Court of the County pursuant to Sections 15.1-199 and 15.1-212 of the Code of Virginia of 1950, as amended. 11. This Resolution shall take effect immediately. On motion of Supervisor Nickens, and carried by the following recorded vote: AYES: Supervisors Eddy, McGraw, JOhnson, Nickens, Robers NAYS: None 190-11 Petition of Frank and Mary E. Radford to appeal the Zoning Administrator's interpretation of proffers pertaining to the signage on two parcels: a. one located at the northeasterly corner of Peters Creek Road and Woodhaven Drive, Hollins Magisterial District. A-12390-l2 Mr. Harrington reported that these rezonings were approved in 1988 with various conditions proffered. Conditions included design and total square footage of the signage. The This issue concerns Mr. Harrington's interpretation of the proffer that the signage does not meet with the conditions. The applicants have appealed his decision as Zoning Administrator. He reviewed the signage conditions on the original rezonings for both the Woodhaven property and the Route 419 property, advising that the Woodhaven sign was limited to sixty square feet, while the Route 419 sign was limited to 30 square feet. Mr. Mahoney advised that the Board of Supervisors is 08 8 January 23, 1990 ac~~ng on an appeal from the petitioner concerning the Zoning F= = Administrator's interpretation. He advised that they are acting similar to the Board of Zoning Appeals. Ed Natt, attorney for the petitioners, advised that the Frank Radford, the petitioner, understood that the signage conditions on the original rezoning pertained only to the signage on the site and not to the signage on the building. The Zoning Administrator's interpretation included total signage on both the building and the site. In response to a question from Supervisor Eddy, Mr. Natt advised that the petitioners could request an amendment to the proffers or could go to the Board of Zoning Appeals or come to the Board of Supervisors to override the Zoning Administrator's decision. They chose this action because of time constraints. Supervisor Johnson moved to uphold the Zoning Administrator's interpretation of the proffer on Woodhaven Drive. He withdrew his motion to allow Frank Radford, the petitioner, to speak. Mr. Radford reported that he never intended that the signage condition would include signage on the building. Supervisor Nickens pointed out that both rezonings were opposed by the residents and the signage requirements were an attempt to address the residents' concerns. Supervisor Nickens moved to uphold the Zoning January 23, 1990 08 9 ,. - Administrator's interpretation of the signage conditions of the property located at the intersection of Peters Creek Road and Woodhaven Drive. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Johnson, McGraw, Nickens, Robers NAYS: None A-12390-l3 b. one located at the northeast corner of Glen Heather Drive and Route 419, Windsor Hills Magisterial District. This issue was discussed under (a) above. Supervisor Eddy moved to uphold the Zoning Administrator's interpretation of the proffered condition on the property located at the intersection of Glen Heather Drive and Route 419. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Johnson, McGraw, Nickens, Robers NAYS: None IN RE: CITIZENS' COMMENTS AND COMMUNICATIONS 1. Ron Blandv. Commander Drive, spoke in opposition to the"NO LEFT TURNS"signs in Boxley Hills that were installed to decrease "cruising". He advised that several residents have been ticketed in the neighborhood and asked that the signs be removed and the tickets exonerated. 2. Tom Runions, Commander Drive, also spoke in 0·9·0 January 23, 1990 opposition to the "NO LEFT TURNS". He advised his understanding was that the signs were temporary. Supervisor Johnson advised that the signs were not intended to be temporary. He stated that he asked that the signs be given an opportunity to work. They did discuss with Sheriff Kavanaugh the possibility of getting decals for those residents who lived in the neighborhood but were advised that this was illegal and considered "selective enforcement". He reviewed the action taken to try to alleviate the cruising in that community, and advised that the "No Left Turn" signs have helped the residents in Boxley Hills. Mr. Blandy advised he would gather petitions in opposition to the signs. IN RE: OTHER BUSINESS Supervisor McGraw moved that $2,000 be appropriated from the Consolidation Account for the Virginia Association of Counties to hire legal counsel to assist the organization in support of the Grayson Commission legislation. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Johnson, McGraw, Nickens, Robers NAYS: None January 23, 1990 091 - IN RE: ADJOURNMENT - At 10:55, Chairman Robbers adjourned the meeting. Ri~rs, Chairman