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HomeMy WebLinkAbout8/28/1990 - Regular August 28, 1990 . 60 9 - Roanoke County Board of Supervisors Roanoke County Administration Center 3738 Brambleton Avenue, SW Roanoke, Virginia 24018 August 28, 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 August, 1990. IN RE: CALL TO ORDER Chairman Robers called the meeting to order at 3: 04 p.m. The roll call was taken. MEMBERS PRESENT: Chairman Richard Robers, Vice Chairman Steven A. McGraw, Supervisors Lee B. Eddy, Bob L. Johnson, Harry C. Nickens MEMBERS ABSENT: None . STAFF PRESENT: Elmer C. Hodge, County Administrator; John R. Hubbard, Assistant County Administrator of Communi ty 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 61 0 August 28, 1990 - ~ IN RE: OPENING CEREMONIES The invocation was given by the Reverend Alan Rowbotham, Unity of Roanoke Valley . Church. The Pledge of Allegiance was recited by all present. IN RE: REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF AGENDA ITEMS Supervisor McGraw asked that approval of a Raffle Permi t for Northside Athletic Boosters be added to the Consent Agenda. Supervisor Robers announced that Public Hearing 890-6 had been continued to September 25, 1990. IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND AWARDS . h Recoqnition of Brenda Holton for receiving certification as Professional Secretary. Brenda Holton was present to receive her certificate from Chairman Richard Robers. ~ Resolution of A~Þreciation to local Military Personnel defendinq our Country in the Middle East R-82890-1 Captain David Williams with the Virginia Army National Guard was present to receive the resolution of behalf of all Roanoke Valley military personnel. 2 August 28, 1990 61 1 - - Supervisor Eddy moved to adopt the prepared resolution. The motion carried by the fOllowing recorded vote: AYES: Supervisors Eddy, McGraw, Johnson, Nickens, Robers NAYS: None RESOLUTION 82890-1 OF APPRECIATION TO LOCAL MILITARY PERSONNEL DEFENDING OUR COUNtRY IN THE MIDDLE EAST WHEREAS, many residents of the Roanoke Valley are currently serving in the armed forces, or are members of reserve units of the armed forces or the National Guard; and WHEREAS, due to the current situation in the Middle East, many of these men and women are being sent to that part of the world, or put on alert that they may be called to action; and WHEREAS, the contributions of these citizens will be for the safety, health and well-being of all Americans. NOW, THEREFORE, BE I '1' RESOLVED, that the Roanoke County Board of Supervisors does hereby extend its deep appreciation and commendation to these men and women as they travel overseas on behalf of the United States; and FURTHER, BE IT RESOLVED, that the Roanoke County Board of Supervisors does especially appreciate and commend those County employees who have already been or may soon be called to action; and FURTHER, BE IT RESOLVED, that copies of this 6,2 . August 28, 1990 - - resolution be forwarded to the reserve units of the armed forces and the National Guard. IN RE: NEW BUSINESS h AÞÞropriation of funds for the Roanoke County Code SupÞ1ement A-82890-2 County Attorney Paul Mahoney advised that the County Code was last recodified in June 1985. . The estimated cost for preparing 100 complete up-to-date replacement copies is estimated at $9,845. He requested an appropriation of this amount to fund the recodification of the County Code by the Municipal Code Corporation. Supervisor Eddy moved to appropriate the funds and that funds for yearly supplements be included in the future. Supervisor Nickens suggested modifying the motion that supplements be included in the future budget process only when necessary. The modified motion carried by the following recorded vote: AYES: Supervisors Eddy, McGraw, Johnson, Nickens, Robers . NAYS: None ~ AÞÞroÞriation to the School Federal Proqram Funds for the 2 + 2 Proqram. A-82890-3 August 28, 1990 613 - Director of Vocational and Adult Education Garland Kidd presented the staff report. He explained that this was a . regional program with other localities. The grant is from Cooper Industries for $10,000 and will be used to recruit applicants and expand the curriculum. Supervisor Johnson moved to appropriate the funds. The motion carried by the following recorded vote: AYES: Supervisors Eddy, McGraw, Johnson, Nickens, Robers NAYS: None ~ Claim of Clark and Emilie OWen A-82890-4 William Maxwell, attorney for the Owens presented the request for the claim which concerns a 50-foot roadway across land owned by Walter L. and Virginia B. Henry which allowed them access to their residence. The Owens feel that as a result of grading, cutting and bulldozing, the road has been destroyed, erosion problems have come about, and that work was performed on their land without their consent. Their claim is for $10,000. Mr. Mahoney recommended that the claim be denied so that the claim may be placed before the Circuit Court. Supervisor Nickens advised that the erosion problems described by Mr. Maxwell should be addressed by the staff. Supervisor Nickens moved to deny the claim and directed staff to evaluate the erosion problems. The motion carried by the following recorded vote: 614 August 28, 1990 - AYES: Supervisors Eddy, McGraw, Johnson, Nickens, Robers NAYS: None h Resolution aÞÞrovinq caÞital eXÞenditure by the Roanoke Regional AirÞort Commission. R-82890-5 . Diane Hyatt presented the report, advising that the Airport Commission wishes to accept a $927,000 grant from the FAA for the purchase of acreage for air cargo service at the airport. The grant would require local matching funds of $103,000. Staff recommended approval of the capital expenditure. Supervisor Johnson moved to adopt the prepared resolution. The motion carried by the following recorded vote: AYES: Supervisors Eddy, McGraw, Johnson, Nickens, Robers NAYS: None RESOLUTION 82890-5 APPROVING A SPECIFIC CAPITAL EXPENDITURE FOR THE ACQUISITION BY THE ROANOKE REGIONAL AIRPORT COMMISSION OF 8.125 ACRES OF LAND FOR ArRPORT EXPANSION AND DEVELOPMENT, UPON CERTAIN TERMS AND CONDITIONS WHEREAS, Section 17 (b) of the contract between the City of Roanoke, Roanoke County, and the Roanoke Regional Airport Commission provides that the Commission shall prepare and submit for approval any proposed capital expenditure exceeding $100,000 to benefit five or more future accounting periods; and WHEREAS, by Resolution No. 90-015 adopted August 24, 1990, a copy of which is on file in the Office of the Clerk to . August 28, 1990 61 5 1 - the Board, the Roanoke Regional Airport Commission authorized the filing and execution of certain documents on behalf of the Com- mission for Airport Improvement Grant #3-51-0045-10 with the Federal Aviation Administration. The Commission has submitted a request that the County approve a capital expenditure in the amount of $1,030,000 by the Commission for acquisition of ap- proximately 8.125 acres of land for airport expansion and develo- pment. THEREFORE, BE IT RESOLVED by the Board of Supervisors . of Roanoke County, Virginia, as follows: 1) That the County hereby approves the capital expen- diture by the Roanoke Regional Airport Commission of approximate- ly $1,030,000 in connection with the Commission acquisition of approximately 8.125 acres of land for airport expansion and development. 2) That the County concurs in the acceptance and execution of a grant agreement with the United states of America, Grant #3-51-0045-10, in the approximate amount of $927,000 for the acquisition of said real estate, and the appropriation of local matching funds of up to $103,000 from retaining earnings of the Commission for this acquisition.· 3) That this approval is subject to the receipt of the aforesaid airport improvement grant and to the allocation of the local matching funds from retained earnings of the Commission. 4) That the County Administrator is authorized to 61 6 August 28, 1990 - ~ execute such documents and take such actions as may be necessary to accomplish the purposes and intent of this Resolution, on behalf of the County, in form approved by the County Attorney. On motion of Supervisor Johnson to adopt resolution, and carried by the following recorded vote: AYES: Supervisors Eddy, McGraw, Johnson, Nickens, Robers NAYS: None h Resolution apÞointinq a Fire Marshal for Roanoke county R-82890-6 Mark Light presented the staff report advising that the resignation of Ken Sharp as Roanoke . County Fire Marshal necessitates the appointment of a new Fire Marshal. The Code of Virginia authorizes the governing body to appoint a Fire Marshal. Staff recommended that the Board appoint the Chief of Fire and Rescue who may then designate an indi vidual to perform these duties, responsibilities and powers. Supervisor Nickens moved to adopt the resolution appointing the Chief of Fire and Rescue to designate an officer to perform the duties of Fire Marshal. The motion carried by the following recorded vote: AYES: Supervisors Eddy, McGraw, Johnson, Nickens, Robers NAYS: None . RESOLUTION 82890-6 APPOINTING THE August 28, 1990 61 7 - FIRE MARSHALL FOR ROANOKE COUNTY AND AUTHORIZING EXERCISE OF POWERS UNDER CHAPTER 3 OF TITLE 27 OF THE CODE OF VIRGINIA AND THE ROANOKE COUNTY CODE WHEREAS, Chapter 3 of Title 27 of the Code of Virginia, 1950, as amended, provides statutory authority to the governing . bodies of counties, cities and towns to appoint a fire marshall and provides for the duties and powers of such official; and WHEREAS, the Virginia Statewide Fire Prevention Code, previously enacted as Chapter 9 of the Roanoke County Code by Ordinance 52488-13, sets forth the duties and powers of the Roanoke County Fire Marshall in enforcing these codes; and WHEREAS, it is the intent of this resolution to confer upon the Chief of the Fire and Rescue Department of Roanoke County the authority as fire marshall and to designate officers of that department to exercise the duties and powers of the position at his direction. NOW, THEREFORE BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia as follows: 1. The Chief of the Fire and Rescue Department is hereby appointed as Roanoke County Fire Marshall which position and title shall include the term "fire official" or "arson investigator". The Fire Marshall shall be responsible for exercising all duties and powers of that position or that of the Fire Official granted or implied under Virginia law, including the Virginia Statewide Fire Prevention Code. 2. The Chief of the Fire and Rescue Department is . . 6' 8 August 28, 1990 - - hereby granted the authority to designate an officer of his department to perform the duties and exercise the powers of the Fire Marshall. Such authorization may include the authority to issue such summons as authorized by law and the responsibility to respond to all subpoenas and summonses directed to the Fire Marshall or Fire Official for Roanoke County. 3. The Chief of the Fire and Rescue Department is further authorized to appoint one or more assistants, who shall have the powers and perform the duties of the Fire Marshall as provided by § 27-36 of the Code of Virginia, 1950, as amended. Such designated Fire Marshall and assistants shall have received the necessary training to exercise the powers granted by § 27- 34.2 and § 27-34.2:1 of the Code of Virginia. 4. The officer designated by the Chief of the Fire and Rescue Department to act as Roanoke County Fire Marshall shall be responsible for the management of the Fire Prevention Division and for the enforcement of the County Fire Prevention Code , other ordinances concerning fire prevention and any other fire prevention related activity. Specifically, such designated Fire Marshall and his assistants are authorized to exercise all . powers granted by § 27-34.2 and § 27-34.2: 1 of the Code of Virginia, 1950, as amended. The designated Fire Marshall and his assistants are further authorized to exercise the powers conferred by § 27-81(b) of the Code of Virginia, 1950, as amended, in the same manner and subject to the same conditions as other authorities. August 28, 1990 619 - 5. That this resolution shall be in force from the . date of its passage. On motion of Supervisor Nickens to adopt resolution, and carried by the following recorded vote: AYES: Supervisors Eddy, McGraw, Johnson, Nickens, Robers NAYS: None IN RE: REQUESTS FOR PUBLIC HEARING AND FIRST READING FOR REZONING ORDINANCE - CONSENT AGENDA Supervisor Johnson moved to approve first reading and set the public hearings for September 25, 1990. carried by the following recorded vote: The motion AYES: . Supervisors Eddy, McGraw, Johnson, Nickens, Robers NAYS: None 1. An ordinance rezoning 7.35 acres from RE Residential to M-2 Manufacturing to construct a contractor office and equipment storage located on Catawba Valley Drive in the Catawba Magisterial District upon the request of Lacy G. Alexander. 2. An ordinance approving a Use Not Provided For permit for construction of a 50 to 60 foot microwave tower to be located at the back entrance of Dominion Bankshares Bankcard Operations Center at 5673 Airport Road located in the Hollins Magisterial District upon the request of Dominion Bankshares Corporation. IN RE: SECOND READING OF ORDINANC~S h Ordinance authorizinq Deed of Exchanqe and Partial ,62 0 August 28, 1990 - Release of easement for water facilities at Tanqlewood Mall. 0-82890-7 Mr. Mahoney reported that the Chesapeake and Potomac Telephone Company wishes to install an underground telephone vault and equipment in the location of the easement. Supervisor Nickens moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Eddy, McGraw, Johnson, Nickens, Robers NAYS: None ORDINANCE 82890-7 AUTHORIZING THE EXECUTION OF A DEED OF EXCHANGE AND PARTIAL RELEASE OF EASEMENT FOR WATER FACILITIES AT TANGLEWOOD MALL WHEREAS, by Deed of Exchange and Partial Release dated April 15, 1987, recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Deed Book 1306, page 1966, . MRI Tanglewood Rental Investments, Inc., a Delaware corporation [hereafter MRI Tanglewood], granted and conveyed to the Board of Supervisors of Roanoke County [hereafter Roanoke County] a 0.041- acre parcel of land and certain appurtenant easements, all in connection with the installation and operation of a water pump station by Roanoke County on the land so conveyed; and WHEREAS, The Chesapeake and Potomac Telephone Company of Virginia [hereafter C&P Telephone] has requested that MRI Tanglewood, convey to it an easement for the installation and operation of certain underground and aboveground communications . . August 28, 1990 62 1 - equipment, which easement is at the same location as a part of the access easement conveyed to Roanoke County by MRI Tanglewood by the above-described deed dated April 15, 1987; and WHEREAS, the Roanoke County Department of utilities has agreed to a relocation of the portion of its access easement which interferes with the easement being granted by MRI Tanglewood to C&P Telephone as described above; and 1i\1HEREAS, following recordation of the above-described . deed dated April 15, 1987, it was discovered that errors had been made in the plat of subdivision by reference to which the conveyances in that deed had been made, with the result that the intentions of the parties were not carried out by the April 15, 1987, deed, and the parties thereto now wish to correct those errors by reconveyance to MRI Tanglewood of the erroneously conveyed property and conveyance to Roanoke County of the correct property; and WHEREAS, pursuant to the provisions of Section 18.04 of the Charter of Roanoke County, first and second readings are required to pass all ordinances; and . WHEREAS, a first reading of the proposed ordinance was held on August 14, 1990; the second reading was held on August 28, 1990. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia as follows: 1. That the release of the 0.041-acre parcel and the appurtenant easements to MRI Tanglewood as described in the deed 6Z't August 28, 1990 - - of April 15, 1987, in consideration of the conveyance of that certain O. 041-acre parcel of land as shown on the plat dated April 23, 1990, made by T.P. Parker & Son, entitled "Easement Plat for C&P Telephone Company. " along with a perpetual easement for ingress and egress and a temporary construction easement is hereby authorized and approved. 2. That the County Administrator is authorized to execute such documents and take such actions on behalf of Roanoke County as are necessary to accomplish the conveyance of this property, all of which shall be upon form approved by the County Attorney. 3. The effective date of this ordinance shall be August 29, 1990. On motion of Supervisor Nickens to approve ordinance, and carried by the following recorded vote: AYES: Supervisors Eddy, McGraw, Johnson, Nickens, Robers NAYS: None IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS SuÞervisor Eddy: (1) Asked that a Resolution of Support for the return to localities of a portion of lottery proceeds be placed on the September 12, 1990 agenda. (2) . Suggested that the Chairman sign the letter to "CARE" responding to their questions about County finances. (3) Suggested that questions concerning a policy statement on consolidation August 28, 1990 62 3 - u~v~luped by County A~~orney Paul Mahoney should be referred to Mr. Mahoney. Supervisor Nickens stated he felt that any policy statements should be approved by the Board and asked Mr. Mahoney to bring back a report and request for a policy statement at the . September 12, 1990 meeting. (4) Expressed continued concern about the late filing fee for personal property tax. Appealed to the Board to discuss the issue again. (5) Also expressed concern about the SDN Market Research Report. He suggested asking the Roanoke Valley Business Council to reconsider the conclusions of the report. Following discussion, it was Board consensus that the County Administrator and staff should go forward with analyzing the report and should bring the results back to the Board. (6) Expressed support for mailing a brochure on consolidation to all voters prior to the referendum. . SUPERVISOR MCGRAW: (1) Asked the County Administrator when the report on the SDN Market Research would be available. Mr. Hodge responded he would try to have the result complete by September 12, 1990. (2) Asked for a report on the costs to mail a brochure to citizens regarding consolidation. SUPERVISOR ROBERS: (1) Announced that the Airport Commission will hold a retreat on September 5 and 6 and welcomed comments and suggestions from the public regarding the airport. Several board members expressed support for changing the membership of the commission to include citizens. (2) Announced . . 62 4 August 28, 1990 ~ that the Smart Highway Conference will be held on September 14, 1990 at VPI&SU. IN RE: APPOINTMENTS h Board of Zoninq AÞÞeals Supervisor Nickens announced that M. E. Maxey is continuing to serve until someone is appointed to replace him. ~ Landfill Citizens Ad~sory Committee Supervisor Robers nominated Kim Altec to serve from the Cave Spring Magisterial District. Supervisor Eddy advised that several members on committees were not residents of Roanoke County and suggested that the Board might wish to adopt a policy requiring county residency for all board appointments. The Board members expressed support for such a policy and directed the County Attorney to draft a policy for approval. IN RE: CONSENT AGENDA . Supervisor Johnson moved to approve the Consent Agenda with the addition of Item 6. The motion carried by the following recorded vote: AYES: Supervisors Eddy, McGraw, JOhnson, Nickens, Robers NAYS: None RESOLUTION 82890-8 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS August 28, 1990 6'2 5 - . AGENDA FOR THIS DATE DESIGNATED AS ITEM L- 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 August 28, 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 5, inclusive, as follows: 1. Approval of Raffle Permit - Botetourt Jaycees 2. Confirmation of Committee Appointments to the Community Corrections Resources Board and the Industrial Development Authority. 3. Resolution requesting acceptance .of Kings Chase Drive, Fox Croft Circle and Huntmaster Circle into the VDOT Secondary System. 4. Acceptance of water and sanitary sewer facilities serving Kings Chase - Section 1. 5. Donation of a drainage easement, Lot 73, Section 1, Kings Chase. 6. Approval of Raffle Permit - Northside Athletic Booster Club 2. That the Clerk to the Board is hereby authorized and directed where required by law to set forth upon any of said items the separate vote tabulation for any such item pursuant to this resolution. . On motion of Supervisor Johnson with the addition of Item 6, and carried by the following recorded vote: AYES: Supervisors Eddy, McGraw, Johnson, Nickens, Robers NAYS: None 626 August 28, 1990 RESOLUTION 82890-8.c REQUESTING ACCEPTANCE OF KINGS CHASE DRIVE, FOX CROFT CIRCLE AND HUNTMASTER CIRCLE INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY ROAD SYSTEM . BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That this matter came this day to be heard upon the proceedings herein, and upon the application of Kings Chase Drive from its intersection with Buck Mountain Road (Route 679) to the terminus at the cul-de-sac for a distance of 0.17 miles, Fox Croft Circle, and Huntmaster Circle from its intersection with Kings Chase Drive to their terminus at the cul-de-sac for a distance of 0.09 and 0.05 miles, respectively, to be accepted and made a part of the Secondary System of State Highways under Section 33.1-229 of the Virginia State Code. . 2. That it appears to the Board that drainage easements and a fifty (50) foot right-of-way for said roads have heretofore been dedicated by virtue of a certain map known as Section No.1, King's Chase Subdivision recorded March 6, 1989 in Plat Book 11, Page 112, and subsequent drainage easements in the records of the Clerk's Office of the Circuit Court of Roanoke County, Virginia, and that by reason of the recordation of said map and deed no report from a Board of Viewers, nor consent or donation of right-of-way from the abutting property owners is necessary. The Board hereby guarantees said right-of-way for drainage. August 28, 1990 '62 7 - 3. That said roads known as Kings Chase Drive, Fox Croft Circle and Huntmaster Circle which are shown on a certain sketch accompanying this Resolution, be, and the same are hereby established as public roads to become a part of the state Secondary System of Highways in Roanoke County, only from and after notification of official acceptance of said streets by the Virginia Department of Transportation. . On motion of Supervisor Johnson to adopt resolution, and carried by the following recorded vote: AYES: Supervisors Eddy, McGraw, Johnson, Nickens, Robers NAYS: None IN RE: CITIZENS COMMENTS AND COMMUNICATIONS h Robert Myers. 6533 Laban Road spoke concerning Roanoke County's involvement with the conference center. He asked that any construction contracts be awarded by an open competitive bid process and presented a suggested list that bidders should comply with. . ~ Patrick Cosmato. 5219 Burnt Quarter. vinton suggested that if Roanoke County participates in the Hotel Roanoke/Conference Center project they should demand fair representation on a commission and a fair revenue return to the County. 62 8 August 28, 1990 . - - .L.-- Don TerÞ. 5140 AÞÞle Tree Drive. spoke in favor of the Conference Center, but suggested that a market study is needed to determine the best location. He also pointed out that air transportation into Roanoke would be a problem. h David Courev. 3419 Ashmeade. asked that the Board of Supervisors set a public hearing before deciding whether to participate in the conference center project. h Charles Landis. 5268 Glenvar Heiqhts Blvd..Salem advised he felt the majority of the citizens are opposed to County participation in the Hotei Roanoke/Conference Center project. ~ Cynthia Waqner. 5502 Avshire Drive. spoke in support of the Conference Center but suggested that VPI Alumni should provide private funding. She did not support use of taxpayers funds. L.. Winton Shelor. 4349 Shelor Farm Lane. spoke in opposition to County funding of the Conference Center. He felt the funds should be used for parks, police department, senior citizens and other County needs. . h ROdnev Smith. 5007 Bradshaw Road. spoke in opposition and asked that additional funds be used to help senior citizens. ~ Ed KOhinke. 6913 Bradshaw Road. spoke in support August 28, 1990 62 9 - of holding a public hearing on this issue. He supported the concept of the Hotel Roanoke/Conference Center project but was concerned about the County participation. . IN RE: REPORTS Supervisor Johnson moved to receive and file the following reports. The motion carried by the following recorded vote: AYES: Supervisors Eddy, McGraw, Johnson, Nickens, Robers NAYS: None 1. Capital Fund Unappropriated Balance 2. General Fund Unappropriated Balance . 3. Board Contingency Fund 4. Accounts Paid - July 1990 IN RE: WORK SESSION 1. state Budget Shortfall County Administrator Elmer Hodge presented the report. He advised that the staff does not yet know the full impact of the Governor's reductions. The unaudited addition to the fund balance is $2.8 million which will take the fund balance to 8.6%. He presented a list of expenses that he recommended be set aside . from the fund balance as follows: (1) Economic Development, 63 0 August 28, 1990 - $1,300,000, (2) Joint Industrial Access Project with Botetourt County, $130,000; (3) Reserve for current state funding losses, $83,000; (4) Reserve for future state funding losses, $1,500,000; (5) Reserve for salary survey, $400,000. Supervisor Johnson suggested asking the state to extend the deadline for the access road. Mr. Hodge presented a list of potential reductions equaling $750,000 to make up for the possible loss in state funding and a list of major projects for both current and future years. In addition to those listed above, he included funds for the police department, the Valleypointe-FAA Grant; gas price increases, VDOT Matching road grant, public safety grants, and the fire training center. Several board members advised they did not wish to eliminate the 1990-91 funding for the drainage program. Mr. Hodge stated that while he included them in the major project schedules, staff does not recommend accepting any grants that require local matching funds such as the VDOT Road grant. He pointed out that the badget shortfall for the next fiscal year is estimated at $1.5 million and suggested holding that amount in reserve from the unappropriated balance. He also included funding for Explore and the Hotel/Conference Center as potential projects for future years. He recommended approval of funding these projects contingent on the beginning of actual construction. Following discussion on the merits of funding these projects, Supervisor Nickens moved to continue the work session · August 28, 1990 63 1 - on the budget shortfall to after the evening session. The motion carried by unanimous voice vote. IN RE: EXECUTIVE SESSION At 5:20 p.m., Supervisor Nickens moved to go into Executive Session pursuant to the Code of Virginia Section 2.1- 344 (a) (5) to discuss a prospective business or industry where no previous announcement of the business has been made. The motion carried by the following voice vote: AYES: Supervisors Eddy, McGraw, Johnson, Nickens, Robers NAYS: None IN RE: CERTIFICATION OF EXECUTIVE SESSION R-82890-9 At 5: 35 p.m., Supervisor Nickens moved to return to open session and adopt the Certification Resolution. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Nickens, Robers NAYS: None ABSENT: Supervisors McGraw, Johnson RESOLUTION 82890-9 CERTIFYING EXECUTIVE MEETING WAS HELD IN CONFORMI~Y 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 632 August 28, 1990 - 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 execut1 ve 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 Nickens, and carried by the following recorded vote: AYES: Supervisors Eddy, Nickens, Robers NAYS: None ABSENT: Supervisors McGraw, Johnson IN RE: RECONVENEMENT At 7:10 p.m., Chairman Robers reconvened the meeting. IN RE: PUBLIC HEARINGS AND FIRST READING OF ORDINANCES 890-1 Ordinance requesting vacation of a 15 foot drainage easement located on the west property line, Lot 11, Block 3, Penn Forest SUbdivision located in the Cave Spring August 28, 1990 63 3 - Magisterial District. Director of Development and Inspections Arnold Covey presented the staff report. There was no discussion and no one was present to speak. Supervisor Robers moved to approve first reading of the ordinance. The motion carried by th~ following recorded vote: AYES: Supervisors Eddy, McGraw, Johnson, Nickens, Robers NAYS: None 890-2 Ordinance requesting vacation of a 20 foot drainage easement shown on the resubdivision of Tract 3, Southwest Industrial Park, located in the Cave Spring Magisterial District. Mr. Covey presented the staff report. There was no discussion and no citizens spoke on the ordinance. Supervisor Nickens moved to approve first reading of the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Eddy, McGraw, Johnson, Nickens, Robers NAYS: None IN RE: PUBLIC HEARINGS AND SECOND READING OF ORDINANCES 890-3 An Ordinance requesting vacation of a 50 foot right-of-way referred to as "Goff Road" recorded in Plat Book 3, Page 59 and located in the Catawba Magisterial District. 0-82890-10 63 4 August 28, 1990 - - Mr. Covey presented the staff report. There was no discussion and no citizens spoke on the ordinance. Supervisor McGraw moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Eddy, McGraw, Johnson, Nickens, Robers NAYS: None ORDINANCE 82890-10 VACATING A 50 FOOT RIGHT- OF-WAY REFERRED TO AS "GOFF ROAD" FROM ITS INTERSECTION WITH WEBSTER DRIVE, WEST, APPROXIMATELY 197 FEET, IN THE CATAWBA MAGISTERIAL DISTRICT · WHEREAS, the subdivision plat for North Burlington Heights Subdivision recorded in Plat Book 3, page 59, provided for an extension of Goff Road for a distance of approximately 197 feet in a southwesterly direction for access to the "Bennett" property; and WHEREAS, with the subsequent development of the "Bennett" property as the Barrens Village Subdivision, access to this property has been provided by way of Barrens Road and Deer Branch Road thereby eliminating the need for the above referenced right-of-way; and WHEREAS, notice has been ~iven pursuant to § 15.1-431 of the Code of Virginia, 1950, as amended, clearly describing the plat or portion thereof to be vacated and the time and place of the meeting of the Board of Supervisors at which the adoption of this ordinance would be voted upon as required by S 15.1-482 of the Code of Virginia; and August 28, 1990 63 5 - - WHEREAS, a first reading of the proposed ordinance was held on August 14, 1990; the second reading was held on August 28,1990. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That a 50 foot right-of way approximately 197 feet in length extending from Webster Drive in a southwesterly direction and designated as an extension of Goff Road, as recorded in Plat Book 3, page 59, located in the Catawba Magisterial District, is hereby vacated. 2. That the County Administrator is authorized to execute such documents and take such actions on behalf of Roanoke County as are necessary to accomplish the vacation of the said . right-of-way, all of which shall be upon form approved by the County Attorney. 3. That a certified copy of this ordinance of vacation shall be recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia after the time for appeal of the adoption of this ordinance has expired, or in the event of any such appeal, upon the denial of such appeal, as provided by § 15.1-482, Code of Virginia, 1950, as amended. 4. The effective date of this ordinance shall be August 28, 1990. On motion of Supervisor McGraw to approve ordinance, . and carried by the following recorded vote: AYES: Supervisors Eddy, McGraw, Johnson, Nickens, Robers 636 August 28, 1990 - NAYS: None 890-4 An ordinance rezoning two parcels containing a total of approximately 1.78 acres trom R-1 to B-1 for office uses, located on the west side of starkey Road north of its intersection with Buck Mountain Road in the Cave Spring Magisterial District, upon the request of Thom~ Scarce. 0-82890-11 Planning Director Terry Harrington presented the staff report. He explained that the property is located in the Core land use designation. The petitioner plans to convert the two existing houses on the lot to office uses. The petitioner has submitted proffered conditions. The Planning Commission recommended approval of the request. In response to a question from Supervisor Nickens, Mr. Harrington stated that the staff did not discuss the future architectural appearance of the houses. Supervisor Robers moved to approve the rezoning with proffered conditions. The motion carried by the following recorded vote: AYES: Supervisors Eddy, McGraw, Johnson, Nickens, Robers NAYS: None ORDINANCE 82890-11 TO CHANGE THE ZONING CLASSIFICATION OF A 1.78 ACRE TRACT OF REAL ESTATE LOCATED ON THE WEST SIDE OF STARKEY ROAD NORTH OF ITS INTERSECTION WITH BUCK MOUNTAIN ROAD (TAX MAP NOS. 87.18-1-38 AND 87.18-1-41) IN THE CAVE SPRING MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF R- 1 TO THE ZONING CLASSIFICATION OF B-1 WITH CONDITIONS UPON THE APPLICATION OF THOMAS SCARCE . August 28, 1990 63 7 - WHEREAS, the first reading of this ordinance was held on August 14, 1990, and the second reading and public hearing was held August 28, 1990; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on August 7, 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 1.78 acre, as described herein, and located on the west side of Starkey Road north of its intersection with Buck Mountain Road, (Tax Map Numbers 87.18-1- 38 and 87.18-1-41) in the Cave Spring Magisterial District, is hereby changed from the zoning classification of R-1, Single Family Residential District, to the zoning classification of B- 1, Office District. 2. That this action is taken upon the application of Thomas Scarce. 3. That the owner has voluntarily proffered in . writing the following conditions which the Board of Supervisors hereby accepts: 1) The footprint of the house will not be expanded. 2) The location of the parking area required for the office zoning will be in substantial conformity with the site plan prepared by Dickson Architects, dated May 30, 1990. 63 8 August 28, 1990 - - 3) There will be n~ residential or institutional use of the property following expiration of the current residential leases. 4) Type C screening and buffering will be located where required by the County staff. 4. That said real estate is more fully described as follows: BEGINNING at a point in the center of the public road leading from starkey to Roanoke at 1; thence passing the north gate post on the westline of said road at 15 feet and passing a monument planted in the ground at 16 feet from said starting point in the middle of the road to another monument at 2; thence N. 23 deg. 45 ' E. 154.5 feet to another monument at 3; thence S. 66 deg. 15' E. 282 feet passing the west line of said road at 15 feet from its center to the center of said road at 4; thence along the center of said road, S. 23 deg. 45' ~. 154.5 feet to the Place of Beginning, and containing one (1) acre as surveyed by George L. Poague, Surveyor, November 3, 1971, as shown on plat recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Deed Book 87, at page 526. BEGINNING at an iron pin set on the westerly side of Starkey Road, s.w. (known as Route 904), formerly Virginia Route No. 419 corner to the property now or formerly owned by Lewis B. Hunter (D.B. 300, page 117); thence with westerly side of Route 904, S. 24 deg. 00' w. passing a highway monument at 98.1 feet a total distance of 114.8 feet to an iron pin found in a fence line dividing Lots 4 and 5; thence with said dividing line, N. 70 deg. 45' W. 304.0 feet to an iron pin set in the line of property now or formerly owned by Ray Douthat, et ux. (D.B. 311, page 6); thence with the line of Douthat, N. 5 deg. 00' W. 97.5 feet to an iron pin set on the line of Hunter said point being near the bank of a dry branch; thence with line of Hunter and following generally the course of the dry branch, S: 74 deg. 50' E. 354.9 feet to an iron pin set being the Place of Beginning, and being Lot 5, containing 0.78 acres as shown on survey for Frederick E. Redford, Jr. and Debbie S. Redford, prepared by T. P. Parker & Son, Engineers August 28, 1990 63 9 ' - & Surveyors, Ltd., dated March 17, 1986. 5. That the effective date of this ordinance shall be _August 28, 1990. On motion of Supervisor Robers to approve ordinance I . and carried by the following recorded vote: AYES: Supervisors Eddy, McGraw, Johnson, Nickens, Robers NAYS: None 890-5 An ordinance modifying the proffered conditions on a 24.94 acre tract to increase the size (number of bedrooms) of a portion of the 264 apartment units previously approved; located on the west side of Colonial Avenue, near the intersection of Ogden Road in the Cave spring Magisterial District, upon the request of Occidental Development Ltd. 0-82890-12 Mr. Harrington presented the staff report. He advised that the original rezoning was approved in September 1988. This request will amend the proffers to çhange the range of apartment sizes. The total number of apartments will remain at 264, but the number of two bedrooms will increase from 119 to 132, three bedrooms will increase from 0 to 36 and 1 bedroom will decrease from 146 to 96. Staff studied the traffic and based on trip generation, the requested change will have no greater impact on traffic than the rezoning request already approved. School attendance would increase from 17 to 52. Green Valley Elementary School advised the staff that mobile classrooms were being used at this time and if the students were between kindergarten and fifth grade, this . . 64 0 August 28, 1990 - could create the need for an additional mobile classroom. The Planning Commission recommended approval of the request to amend the proffered conditions. Don Wetherington, attorney for Occidental, Don Williams and Mike Gorman from Occidental were present. Mr. Wetherington reported that the request is due to market changes and the need for more three bedroom apartments. The change would allow for 36 three bedroom apartments. He presented the proposed rental . structure for the apartments. He stated that he had discussed the educational quality of schools with transient students with individuals in the school system and was told that transient students did not affect the quality of schools, and the petitioners study indicates that between 33 and 35 more school age children might be added to the complex as a result of the changes. However, they would be evenly distributed throughout the grades with only about 15 new students at Green Valley Elementary School. The project will be constructed in two Phases, and all the students will not go into the schools at the same time. He also pointed out that there are less children . being educated due to the aging of the population and the complex plans to target the proj ect to young professionals and empty nesters. No county services would be burdened by the additional bedrooms. In response to a question from Supervisor Eddy, Mr. Wetherington advised that Occidental will develop the project I ""' I (I . (: ¡ :,., whether the conditions are pr9iiered or not. August 28, 1990 64 1 - The following citizens spoke in opposition to the amendment of the conditions. 1. willis P. Lanier. 4743 Woodley Drive. S.W. who was opposed because of the potential for more children regardless of how the project is marketed and because of the impact to the schools of the additional children. 2. Mark Siler. 3471 Olde Town Road S. W. was opposed because the project was originally approved for one and two bedrooms with less impact on the community. Green Valley School is already overcrowded and doesn't need additional students. He also asked if there were provisions for playgrounds and other entertainment for children when they are aware there will be additional children. 3. Douq Douqhty. 3534 Wedqewood. was opposed because of lowered property values and the possibility of cheap construction. 4. David Courey. 3419 Ashmeade. pointed out that the apartments were originally approved because they would only have one and two bedroom apartments for empty nesters and wouldn't be contributing to the overcrowded conditions at Green Valley School. Now, they have changed their mind and will not be able to discourage families with children in three bedroom apartments. He also questioned why it has taken so long to begin . construction. Representatives from Occidental advised that the apartment have not yet been built because Occidental has been 64 2 August 28, 1990 - - watching the market in other apartment complexes. The overall vacancy rate is 2.2% in apartments constructed since 1986. He advised that there is no playground because they plan to target the empty nesters and young professionals who don't need . playgrounds. Supervisor Robers moved to deny the amendment to the proffered conditions. The motion carried by the following recorded vote: AYES: Supervisors Eddy, McGraw, Johnson, Nickens, Robers NAYS: None DENIAL OF ORDINANCE 82890-12 TO AMEND PROFFERED CONDITIONS ON THE REZONING OF A 24.94-ACRE TRACT OF REAL ESTATE LOCATED ON THE WEST SIDE OF COLONIAL AVENUE OPPOSITE OGDEN ROAD INTERSECTION IN THE CAVE SPRING MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF R-3, CONDITIONAL, TO THE ZONING CLASSIFICATION O~ R-3, CONDITIONAL (MODIFICATION OF PROFFERED CONDITIONS) UPON THE APPLICATION OF OCCIDENTAL DEVELOPMENT LTD. WHEREAS, the first reading of this ordinance was held on August 14, 1990, and the second reading and public hearing was held August 28, 1990; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on August 7, 1990; and, WHEREAS, legal notice and advertisement has been provided as required by law; and WHEREAS, this property was rezoned from R-1, Single- Family Residential District, to R-3, MUlti-Family Residential . - August 28, 1990 64 3 District with proffered conditions, in September of 1988. 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 890-6 . An ordinance modifyinq an existinq Planned Unit Development plan on a 2 acre tract generally located within the stonehenge PUD, south of Kelly Lane in the Cave Spring Magisterial District. This request is to permit the construction of a 16 unit, sinqle buildinq condominium, upon the request of J. Allison Associates. This rezoning request was continued to September 25, 1990 at the request of the petitioner. 890-7 0-82890-13 Mr. An ordinance modifying the proffered conditions on approximately .25 acres to allow the use of the property for a take-out restaurant and. food service, with the existing office. and video store, located at 5314 Fallowater Drive in the Cave Sprinq Magisterial District, upon the request of John Lee Davenport. Harrington reported that the Comprehensive Development Plan placed this area in a Core land use category with retail uses encouraged. The only significant impact factor was access to the site which does not have good visibility or 64 4 August 28, 1990 - . ~ traffic access. The Planning commission recommended approval of the request with conditions. Supervisor Nickens asked if the parking space requirements would be met and Mr. Harrington responded affirmatively, advising the petitioner will need to submit a formal site plan and this will assure sufficient parking. Heywood Fralin, attorney for the petitioner, advised that there will be no tables to serve food and therefore can only be operated as a takeout restaurant. The size of the building will also limit the use. Supervisor Eddy expressed concern about the appearance . of the building in conjunction with the character of the other businesses in the area and advised that he would not support the request. Supervisor Robers moved to approve the amendment. The motion carried by the following recorded vote: AYES: Supervisors McGraw, Johnson, Nickens, Robers NAYS: Supervisor Eddy ORDINANCE 82890-13 TO AMEND PROFFERED CONDITIONS ON THE REZONING OF AN APPROXIMATELY .2 5-ACRE TRACT OF REAL ESTATE LOCATED AT 5314 FALLOWATER LANE IN THE CAVE SPRING MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF B-2, CPNDITIONAL, TO THE ZONING CLASSIFICATION OF B-2, CONDITIONAL (MODIFICATION OF PROFFERED CONDITIONS) UPON THE APPLICATION OF JOHN LEE DAVENPORT. WHEREAS, the first reading of this ordinance was held on August 14, 1990, and the second reading and ,public hearing was August 28, 1990 645 - held August 28, 1990; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on August 7, 1990; and, WHEREAS, legal notice and advertisement has been provided as required by law; and WHEREAS, this property was rezoned from B-1, Office District, to B-2, General Commercial District with proffered conditions, on February 26, 1986. 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 approximately .25 acre, as described herein, and located at 5314 Fallowater Lane, in the Cave Spring Magisterial District, is hereby changed from the zoning classification of B-2, Conditional with proffered conditions, to the zoning classification of B-2, Conditional with amended proffered conditions. 2. That this action is taken upon the application of John Lee Davenport. 3. That the applicant has voluntarily proffered in writing the following amendments to the conditions approved by the Board of Supervisors on February 26, 1986, which the Board of Supervisors hereby accepts: 1) The property will be used for a take-out restaurant and food service, along with the existing office and video store. 2) An entrance and.exit will be provided at all 64 6 August 28, 1990 - - times from Fallowater Lane. 3) Petitioner will provide Type C screening and buffering where required by ordinance. follows: 4. That said real estate is more fully described as BEGINNING at a point on the easterly side of Bernard Drive, N. 25 deg. W. 200 feet northerly from the northeast corner of Bernard Drive and Fallowater Lane, both extended, said beginning point being also N. 25 àeg. W. 179.59 feet from the beginning of the curve of the intersection of Bernard Drive and Fallowater Lane; thence N. 50 deg. 32' E. 50.95 feet to a point; thence S. 34 deg. 47' E. 188.47 feet to a point on Fallowater Lane; thence with Fallowater Lane, S. 47 deg. 38' W. 64.67 feet to beginning of curve; thence following a curve to the right, whose radius is 15 feet, at a distance of 28.13 feet to a point on Bernard Drive; thence with Bernard Drive, N. 25 deg. W. 179.59 feet to the Beginning, and being Lot 1 of Section 1 of T. P. Parker map dated June 12, 1946, showing a resubdivision of Lot 1 and being the southerly portion of Lot 3, Section 5, both of Beulah Heights. 5. That the effective date of this ordinance shall be August 28, 1990. On motion of Supervisor Robers to approve ordinance, and carried by the following recorded vote: AYES: Supervisors McGraw, Johnson, Nickens, Robers . NAYS: Supervisor Eddy 890-8 An ordinance rezoning approximately .028 acres from B-2 to M-1 to expand an existing grocery to include the sale of tires and related services, located at the southern intersection of state Route 904 (Starkey Road) and 632 (Crescent Blvd.), in the Cave Spring Magisterial District, upon the request of Norman T. wright. 0-82890-14 - August 28, 1990 . 64 7 Mr. Harrington presented the staff report. The only significant impact fact was that the site layout was constrained by existing conditions which will reduce the expansion of the tire service. The Planning Commission recommended approval. Mr. Wright was present to answer questions. Supervisor Eddy asked how the petitioner was going to store and dispose of the old tires. Mr. Wright responded there was a trailer on the site to store the tires and the trailer was periodically hauled away. Supervisor Robers moved to approve the request. The motion carried by the following recorded vote: AYES: Supervisors Eddy, McGraw, JOhnson, Nickens, Robers NAYS: None ORDINANCE 82890-14 TO CHANGE THE ZONING CLASSIFICATION OF A 0.28 ACRE TRACT OF REAL ESTATE LOCATED NEAR THE SOUTHERN INTERSECTION OF SR 904 (STARKEY ROAD) AND SR 632 (CRESCENT BLVD.) (TAX MAP NO. 87.18-1-45) IN THE CAVE SPRING MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF B-2 TO THE ZONING CLASSIFICATION OF M-1 WITH CONDITIONS UPON THE APPLICATION OF NORMAN T. WRIGHT WHEREAS, the first reading of this ordinance was held on August 14, 1990, and the second reading and public hearing was held August 28, 1990; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on August 7, 1990; and, WHEREAS, legal notice and advertisement has been provided as required by law. BE IT ORDAINED by the Board of Supervisors of Roanoke 64 8 August 28, 1990 - - County, Virginia, as follows: 1. That the zoning classification of a certain tract of real estate containing 0.28 acre, as described herein, and . located near the southern intersection of SR 904 (Starkey Road) and SR 632 (crescent Blvd.), (Tax Map Number 87.18-1-45) in the Cave Spring Magisterial District, is hereby changed from the zoning classification of B-2, General Commercial District, to the zoning classification of M-1, Light Industrial District. 2. That this action is taken upon the application of Norman T. wright. 3. That the owner has voluntarily proffered in writing the following conditions which the Board of Supervisors hereby accepts: 1) Facility will be used for sale and installation of ~ires and related services. 2) Facility will not be used for vehicle painting, upholstering, major repairing, rebuilding, reconditioning, body and fender work. 3) There will be no overnight parking of inoperative or junk vehicles. 4. That said real estate is more fully described as follows: Beginning at an iron pin on the northerly side of Virginia Secondary Route 904, said pin being situated N. 75 deg. 58' E. 102.16 feet from the easterly side of Crescent Heights Boulevard with the northerly side of Virginia Secondary Route 904; thence with the northerly side of Virginia Secondary Route 904, N. 76 deg. 58' E. 81.66 feet to an old iron; theg,ce N. 11 deg. 30' W. 151. 9 feet to a point; thence S. 73 deg. 30' W. 81. 80 August 28, 1990 64 9 - feet to an iron pin; thence with the line of the .033 acre tract previously conveyed to the Grantee and others, S. 11 deg. 30' E. 146.91 feet to the place of beginning. 5. That the effective date of this ordinance shall be August 28, 1990. On motion of Supervisor Robers to approve ordinance, and carried by the following recorded vote: . AYES: Supervisors Eddy, McGraw, Johnson, Nickens, Robers NAYS: None IN RE: CITIZENS COMMENTS AND COMMUNICATIONS 1. Richard Cox. 5714 CaÞito street. President of the North Roanoke Recreation Club spoke in opposition to the user fees for parks and recreation. He requested: (1) reconsideration of the fee, and (2) if the user fee remains, the County should inform the public and set up a method of collection. 2. Mike Walthall. 5118· WiÞledale Avenue. spoke in opposition to the parks and recreation user fees. Supervisor McGraw moved to reconsider action taken on August 14, 1990 adopting-the ordinance establishing user fees for the Parks and Recreation Department. Supervisor Robers pointed out that the Parks and Recreation Advisory Commission support the imposition of user fees and recommended closer communication between the youth and adult sports and the members of the Parks and Recreation Advisory 65 0 · August 28, 1990 - - Committee. Supervisor McGraw's motion carried by the following recorded vote: AYES: Supervisors Eddy, McGraw, Johnson, Robers NAYS: Supervisor Nickens In response to a question from Supervisor Johnson regarding photographs of park fields from those citizens who spoke, Director of Parks and Recreation stated that those fields had not been used for regular season play since the third week in July and the fields had not been maintained since that time. · Supervisor Nickens asked County Attorney Paul Mahoney what proper and legal action should now be taken. Mr. Mahoney responded that the board must now reconsider Ordinance 81490-6 imposing the user fees. If the previous action is rescinded, another ordinance must then be prepared rescinding the previous action with a first and second reading. Supervisor Nickens moved to rescind Ordinance 81490-6 and that all user fees for parks and recreation revert back to what they were on June 30, 1990 and any costs associated with that action be absorbed from the unappropriated balance. Mr. Carpenter advised that the costs associated with · rescinding the user fees would be $160,000. Supervisor Nickens amended his motion to include the dollar amount to the motion. Following discussion, Supervisor Nickens motion carried by the following recorded vote: AYES: Supervisors Eddy, McGraw, Johnson, Nickens, Robers August 28, 1990 65 1 - NAYS: None ~ Charles Lavinder. 5448 Canyon Road, spoke in opposition to funding and participation by Roanoke County in the Hotel Roanoke\Conference Center project and recommended a public hearing on the matter. IN RE: RECESS: Chairman Robers declared a recess at 9:05 p.m. IN RE: RECONVENEMENT Chairman Robers reconvened the meeting at 9:15 p.m. IN RE: WORK SESSION ON STATE BUDGET SHORTFALL (CONTINUED FROM AFTERNOON SESSION) · Mr. Hodge reminded the Board that new sources of tax revenue are already committed to Roanoke Metropolitan Government and are not available to the County unless the consolidation referendum does not pass. Mr. Hodge included two major possible funding projects that the Board should consider for future years: (1) the Hotel Roanoke/Conference Center and (2) the Explore Project. He asked for direction from the Board on these projects. Supervisor McGraw stated he did not want to go forward with the Conference Center until the details of the budget shortfall and the results of the consolidation referendum are known. Supervisor Johnson expressed support for the proj ect 65 2 August 28, 1990 - because of the economic development potential to Roanoke County. Supervisor Nickens stated he felt both the Conference Center and Explore Center should show a direct benefit to county citizens for their tax dollars. Supervisor Eddy advised he was generally opposed to funding of the conference center because both Virginia Tech and Roanoke City will recover their costs, but Roanoke . County would be contributing funds without sharing in the revenue. He also pointed out that Roanoke City and Virginia Tech have already decided to go forward with a less expensive project if Roanoke County does not participate. Several board members indicated that they would like more details on the proposed agreement and the plans before making any decisions. Supervisor Nickens moved to set a public hearing for citizen comment on County participation in the Hotel Roanoke/Conference Center Project on September 25, 1990 at 7:00 p.m. The motion carried by the following recorded vote: AYES: Supervisors Eddy, McGraw, Johnson, Nickens, Robers . NAYS: None Mr. Hodge advised that Virginia Tech and Roanoke City staff will be invited to attend the public hearing. Supervisor Nickens asked that other information such as feasibility reports and proposals be available to the board members. Regarding the Explore Project, Supervisor Nickens stated he felt that the same information should be available on Explore as the Conference Center and the board should know the revenue return to the County, a timetable and other information . August 28, 1990 65 J - before any decision is made. Supervisor Robers felt that any county funds should be used only for capital expenses. Mr. Hodge advised that he will schedule a presentation on the Explore Project for September 25, 1990 at 3:00 p.m. IN RE: ADJOURNMENT Supervisor Johnson moved to adjourn at 10:00 p.m. The motion carried by the following recorded vote: AYES: Supervisors Eddy, McGraw, Johnson, Nickens, Robers . NAYS: None ~~ers. Chairman