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HomeMy WebLinkAbout2/28/1989 - Regular February 28, 1989 52 6 Roanoke County Board of Supervisors Roanoke County Administration Center 3738 Brambleton Avenue, SW Roanoke, virginia 24018 February 28, 1989 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 February, 1989. IN RE: CALL TO ORDER Chairman Garrett called the meeting to order at 3:06 p.m. The roll call was taken. MEMBERS PRESENT: Chairman Lee Garrett, Vice Chairman Richard Robers, Supervisors Bob L. Johnson, Steven A. McGraw, 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 527 February 28, 1989 - Management Services; Paul M. Mahoney, County Attorney, Mary H. Allen, Deputy Clerk , ~. IN RE: OPENING CEREMONIES The invocation was given by the Reverend Sam Crews, Coopers Cove Baptist Church. recited by all present. The Pledge of Allegiance was IN RE: REQUESTS TO POSTPONE, ADD, OR CHANGE THE ORDER OF AGENDA ITEMS Item 7, Award of bid for short term borrowing, was added to New Business. ~ ' Public Hearing 289-2 was continued to March 28, 1989 at the petitioner's request. IN RE. PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS 1. Resolution of Appreciation to Art Whittaker upon his retirement from Piedmont Airlines Chairman Lee Garrett presented the resolution to Mr. Whittaker who was present. February 28, 1989 52 8 Supervisor Nickens moved to adopt the prepared resolution. The motion was seconded by Supervisor Johnson and carried by the following recorded vote: AYES: Supervisors Johnson, Robers, McGraw, Nickens, Garrett NAYS: None RESOLUTION 22889-1 EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY TO ART WHITTAKER FOR OUTSTANDING CONTRIBUTIONS TO HIS COMMUNITY BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: WHEREAS, the service of Piedmont Airlines to the Roanoke Valley has been important to the residents and businesses of the area; and WHEREAS, Art Whittaker has worked for Piedmont Airlines since August 1948, and spent the last 22 years as Station Manager at the Roanoke Regional Airport; and WHEREAS, Art Whittaker has been responsible for the operation of Piedmont's airplanes in and out of Roanoke and has contributed greatly to the impressive efficiency and safety record of the company in the Roanoke Valley; and WHEREAS, Art Whittaker has been an active member of the Cave Spring community in which he resides and has benefited the citizens of Roanoke County by his involvement. 52 9 February 28, 1989 ---- NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County, Virginia, on behalf of the citizens of Roanoke County, and on its own part, expresses appreciation to Art Whittaker for over 40 years of dedicated service to the citizens of the Roanoke Valley. FURTHER, the Board of Supervisors extends its best wishes for a happy, restful and productive retirement. On motion of Supervisor Nickens, seconded by Supervisor Johnson, and carried by the following recorded vote: AYES: Supervisors Johnson, Robers, McGraw, Nickens, Garrett NAYS: None r t IN RE: NEW BUSINESS 1. Presentation from the Citizens for Governmental Excellence of petitions for the proposed consolidation of Roanoke County and Roanoke City. The following citizens were present to speak, and to present to the Board of Supervisors the petitions signed by Roanoke County citizens, requesting that the Roanoke County governing body effect a consolidation agreement between the jurisdictions of Roanoke City and Roanoke County and that a voter referendum be held on this issue. They also presented a copy of February 28, 1989 5"3 0 the Notice of Filing in the Circuit Courts of Roanoke City and Roanoke County. 1. Lee Brooks, 1918 Oxford Avenue S. W., Vice Chairman of the Citizens for Governmental Excellence, a valleywide citizens group formed by, and comprised of the Roanoke Jaycees, the Cave Spring Jaycees, the Northwest Revitalization Corporation, the Roanoke Valley Board of Realtors and other concerned citizens. Mr. Brooks advised that this organization was formed to allow the citizens of Roanoke Valley to have a voice in their government by means of this petition drive. 2. Mark S. Lawrence, 4410 Summerset Drive, S. W., President of the Roanoke Jaycees. 3. Gary Bower, 1410 Lori Drive, Roanoke, representing the Cave Spring Jaycees. 4. Ed Hall, 2810 Avenham Avenue, representing the Roanoke Valley Board of Realtors. 5. Brandon Bell, 5268 Golden Eagle Lane. Supervisors Robers and McGraw thanked the members of the various organizations for taking the time to collect the necessary signatures. 2. Approval of 1989-90 Reqional Airport Commission Budqet. 53 1 February 28, 1989 - - There was no discussion of this item. Supervisor Nickens moved to adopt the prepared resolution. The motion was seconded by Supervisor Johnson and carried by the following recorded vote: AYES: Supervisors Johnson, Robers, McGraw, Nickens, Garrett NAYS: None RESOLUTION 22889-2 APPROVING THE FISCAL YEAR 1989/90 OPERATING BUDGET FOR THE ROANOKE REGIONAL AIRPORT COMMISSION WHEREAS, Section 17 of the contract between the City of Roanoke and Roanoke County, Virginia, requires the Roanoke Region- al Airport Commission to prepare and submit its operating budget for the forthcoming fiscal year to the Board of Supervisors of the County and the City Council of the City prior to February 15 of each year; and WHEREAS, the Roanoke Regional Airport Commission trans- mitted its 1989-90 budget to the City of Roanoke and Roanoke County by letter dated February 14, 1989; and WHEREAS, the Roanoke Regional Airport Commission adopted its fiscal year 1989-90 annual operating budget at its February 14, 1989, meeting; and WHEREAS, it appears that estimated revenues shall once again exceed estimated expenses. February 28, 1989 53 2 - NOW, THEREFORE it is hereby resolved by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the annual operating budget for fiscal year 1989-90 of the Roanoke Regional Airport Commission is hereby approved. 2. That the Deputy Clerk to the Board of Supervisors is hereby directed to forward a certified copy of this resolution to the Chairman of the Roanoke Regional Airport Commission, and to Jack Spain Jr., Esquire, Hunton & Williams, Richmond, Virgin- ia. On motion of Supervisor Nickens, seconded by Supervisor Johnson, and carried by the following recorded vote: AYES: Supervisors Johnson, Robers, McGraw, Nickens, Garrett NAYS: None 3. Request from the Registrar for an appropriation of funds for Primary Election. A-22889-3 There was no discussion on this item. Supervisor Nickens moved to appropriate $23,855 for the State Republican Party primary election on June 13, 1989. The motion was seconded by Supervisor Johnson and carried by the following recorded vote: AYES: Supervisors Johnson, Robers, McGraw, Nickens, Garrett 53 3 February 28, 1989 NAYS: None 4. Rescheduling of June 13, 1989 meeting date to June 14, 1989, because of Primary Election. There was no discussion on this item. Supervisor Johnson moved to adopt the prepared resolution. The motion was seconded by Supervisor Robers and carried by the following recorded vote: AYES: Supervisors Johnson, Robers, McGraw, Nickens, Garrett NAYS: None RESOLUTION 22889-4 RESCHEDULING A REGULAR MEETING SCHEDULED FOR JUNE 13, 1989 WHEREAS, by Resolution 1489-2 adopted on January 4, 1989, the Board of Supervisors of Roanoke County established a regular meeting schedule for the Board of Supervisors for calen- dar year 1989; and WHEREAS, a primary election will be held on June 13, 1989, a date previously scheduled for a regular meeting of the .- Board. NOW, THEREFORE, be it resolved by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That Resolution 1489-2 establishing a certain regu- lar meeting schedule for the Roanoke County Board of Supervisors February 28, 1989 534 is hereby amended by canceling the meeting scheduled for June 13, 1989; and 2. That the meeting scheduled for June 13, 1989, is hereby rescheduled to Wednesday, June 14, 1989, at 3:00 p.m. at the Roanoke County Administration Center at 3738 Brambleton Ave- nue; and 3. That the County Administrator shall cause a copy of this Resolution to be posted at the Roanoke County Courthouse, the Roanoke County Administration Center, and each County library, and to be advertised in the Roanoke Times and World News on May 30, 1989, and June 6, 1989. On motion of Supervisor Johnson, seconded by Supervisor Robers, and carried by the following recorded vote: AYES: Supervisors Johnson, Robers, McGraw, Nickens, Garrett NAYS: None 5. Authorization to initiate a sanitary sewer proiect for the Hiqhfields/Lakeland Road Area. A-22889-5 There was no discussion on this item. Supervisor Garrett moved to establish a special sewer service area and that staff be authorized to send notice of the project and agreements to all property owners in the area so that commitments may be made by the residents. The motion was 535 February 28, 1989 ---- - seconded by Supervisor Nickens and carried by the following recorded vote: AYES: Supervisors Johnson, Robers, McGraw, Nickens, Garrett NAYS: None 6. Authorization to initiate a water proiect for the Old Hollins Road Area. A-22889-6 Supervisor Johnson asked how many people must sign up to initiate the project. Utility Director Clifford Craig advised that 46 people must sign up or the cost will be more, either to the people or to the County. Supervisor Johnson moved to approve the staff recommendation. The motion was seconded by Supervisor McGraw and carried by the following recorded vote: AYES: Supervisors Johnson, Robers, McGraw, Nickens, Garrett NAYS: None 7. Award of Bid for $9 Million Revenue Anticipation Notes Finance Director Diane Hyatt presented the staff report announcing that the low bid was Central Fidelity Bank at a rate of 6.98 percent. She advised that the home and local office February 28, 1989 536 of all lending institutions in the Roanoke Valley were contacted to bid. Supervisor Nickens moved to approve the staff recommendation. The motion was seconded by Supervisor McGraw and carried by the following recorded vote: AYES: Supervisors Johnson, Robers, McGraw, Nickens, Garrett NAYS: None ABSTAIN: Supervisor Garrett RESOLUTION 22889-7 AUTHORIZING THE ISSUANCE AND SALE OF THE COUNTY OF ROANOKE, VIRGINIA, REVENUE ANTICIPATION NOTES, SERIES 1989A IN THE AMOUNT $9,000,000 BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: WHEREAS, the Board of Supervisors ("Board") of the County of Roanoke, Virginia ("County") adopted a resolution on February 14, 1989, authorizing the County to borrow not to exceed $17,000,000 and issue its revenue anticipation notes therefor; WHEREAS, the Board has determined that it is necessary and expedient to borrow $9,000,000 and to issue its Revenue Anticipation Notes, Series 1989A therefor ("Notes") to meet casual cash flow deficits of the County; and 531 February 28, 1989 - WHEREAS, bids have been taken for the purchase of the Notes, 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 determines that it is advisable to contract a debt and issue and sell the Notes in an aggregate principal amount of $9,000,000. The issuance and sale of the Notes are authorized. The proceeds from the sale of the Notes shall be used to meet casual cash flow deficits of the County. 2. The Notes shall be issued in bearer form, without privilege of registration and without coupons, in substantially the form attached as Exhibit A. The Notes shall be dated as of the date of their issuance and delivery, shall be issued in denominations of $25,000 shall be numbered N-1 and upward, sequentially, shall bear interest at the annual rate of 6.98% payable at maturity, and shall mature on June 15, 1989. The Notes shall not be subject to paYment or redemption before maturity. 3 . The County Administrator and Treasurer of the County are hereby authorized and directed to execute the Notes, and the Treasurer is hereby authorized to affix or imprint the February 28, 1989 538 seal of the County on the Notes. The form of execution, imprinting of the seal and attestation may be by facsimile; provided, however, if the signatures of the County Administrator and Treasurer are both by facsimile, the Notes shall not be valid until authenticated by the manual signature of the Paying Agent. In case any officer whose signature or a facsimile of whose signature shall appear on any Note shall cease to be such officer before the delivery of the Notes, such signature or such facsimile shall nevertheless be valid and sufficient for all purposes the same as if he or she had remained in office until such delivery. Any Note may bear the facsimile signature of or may be signed by such persons as at the actual time of its execution are the proper officers to sign such Note although at the date of delivery of such Note such persons may not have been such officers. Upon receipt of paYment therefor, the Treasurer of the County or such agent as may be designated, shall issue and deliver the Notes to the purchaser or purchasers thereof. The officers and agents of the County are further authorized and directed to do all acts required by the Notes and by this Resolution for the full, punctual and complete performance of all things necessary for this borrowing. 4. Crestar Bank, Richmond, Virginia is appointed as Paying Agents for the Notes. The principal of and interest on the Notes shall be payable in lawful money of the United States 5:$ 9 February 28, 1989 - - upon surrender of the Notes on the maturity date at the principal corporate trust office of the Paying Agent in Richmond, Virginia. 5. 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 of the County to be delivered at the time of the issuance and delivery of the Notes and that the County will comply with the covenants and representations contained therein. Further, the County shall comply with the reporting requirements of Section 149(e) of the Internal Revenue Code of 1986, as amended. 6. The Board determines that it is in the best interest of the County to accept the bid of Central Fidelity Bank to purchase the Notes and such bid is accepted. 7. 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. 8. The Offering Circular with respect to the sale of the Notes is hereby approved in substantially the form submitted at this meeting and the County Administrator is authorized to execute and deliver the Offering Circular with such changes, additions and deletions as he deems appropriate. 54 0 February 28, 1989 - 9. The appropriate officers and agents of the County are 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. 10. This Resolution shall take effect immediately. On motion of Supervisor Nickens, seconded by Supervisor McGraw, and carried by the following recorded vote: AYES: Supervisors Johnson, Robers, McGraw, Nickens NAYS: None ABSTAIN: Supervisor Garrett IN RE: REQUEST FOR WORK SESSIONS Supervisor McGraw requested a work session on recycling on March 14, 1989 at 7:30 p.m. Mr. Hodge reminded the Board that there was a joint work session scheduled with the School Board on March 14 at 4:00 p.m., and a work session with the Fire Chiefs on the same date at 6:30 p.m. Supervisor Robers moved to request that the Landfill Citizens Advisory Committee be involved in recycling projects, with new appointments being made if any member does not wish to 54 1 February 28, 1989 continue to serve. The motion was seconded by Supervisor McGraw and carried by the following recorded vote: AYES: Supervisors Johnson, Robers, McGraw, Nickens, Garrett NAYS: None IN RE: CONSENT AGENDA Supervisor Nickens requested that Item 2 be removed. Supervisor Nickens moved to approve the Consent Agenda with Item 2 removed. The motion was seconded by Supervisor Robers and carried by the following recorded vote: AYES: Supervisors Johnson, Robers, McGraw, Nickens, Garrett NAYS: None RESOLUTION 22889-8 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM I - CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That that certain section of the agenda of the Board of Supervisors for February 28, 1989, designated as Item I - Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 through 11, inclusive, as follows: February 28, 1989 54 2 1. Confirmation of Committee Appointment to the Court Service Unit Advisory Council/Youth and Family Services Advisory Board 2 . A~~£eva~ -e~ -Ra~~~e -PeER:i:~ -~e£ -~Re -eave -S~£:i:R.EJ JayeeesT 3. Adoption of Resolution of Appreciation to the Honorable Jack B. Coulter, Judge of the 23rd Judicial Circuit. 4. Authorization to grant 40' easement to Appalachian Power Company. 5. Acceptance of a 10-foot water line easement being dedicated by Dominion Bank. 6. Request for acceptance of Huntridge Road Britany Road in the Va. Department Transportation Secondary System. Request for acceptance of Kildeer circle Falcon Ridge Road into the Va. Department Transportation Secondary System. and of 7. and of 8. Acceptance of water and sewer facilities serving Section No.2, Huntridge 9. Acknowledgment from the Virginia Department of Tansportation that the following roads have been accepted into the Secondary System: a. 0.11 miles of Fox Ridge Road b. 0.40 miles of Peregrine Crest Circle c. 0.25 miles of Fox Ridge Road d. 0.15 miles of Silver Fox Road 10. Acceptance of sewer facilities serving White Subdivision. 11. Acceptance of a sanitary sewer easement being donated by Velma G. Edwards. 2. That the Clerk to the Board is hereby authorized 543 February 28, 1989 - and directed where required by law to set forth upon any of said items the separate vote tabulation for any such item pursuant to this resolution. On motion of Supervisor Nickens, seconded by Supervisor Robers with Item 2 removed, and upon the following recorded vote: AYES: Supervisors Johnson, Robers, McGraw, Nickens, Garrett NAYS: None RESOLUTION 22889-8.b OF APPRECIATION TO THE HONORABLE JACK B. COULTER UPON HIS RETIREMENT AS JUDGE OF THE 23RD JUDICIAL CIRCUIT WHEREAS, The Honorable Jack B. Coulter became judge of the 23rd Judicial Circuit in 1975, and has served the citizens of the Roanoke Valley with dignity and honor; and WHEREAS, Judge Coulter not only served the citizens through his career as a judge, but through membership in many civic organizations and his interest in youth activities; and WHEREAS, those activities included President of the Roanoke Jaycees, Vice Chairman and member of the Roanoke City School Board, member of the Board of Directors of the Roanoke Chamber of Commerce, member of the Board of Directors of the Roanoke Y.M.C.A., membership in numerous legal organizations, as well as teaching, lecturing and coaching youth sports activities; and WHEREAS, in recognitions of these endeavors, he was named February 28, 1989 5 4 4 1· Father of the Year for Youth Leadership, received the Jayceee' Distinguished Service Award, and the Military Order of World Wars' Patriotic Award; and WHEREAS, Judge Coulter has distinguished himself throughout his legal career and sponsored many innovations in the courtroom designed to ease the responsibilities of jurors, attorneys, and those whose cases were being heard. THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County, Virginia, wishes to express its deepest appreciation and the appreciation of its citizens to The Honorable Jack B. Coulter, Judge of the 23rd Judicial Circuit, for his many years of capable, loyal and dedicated service to Roanoke County; and FURTHER, the Board of Supervisors extends its best wishes for a happy, restful, and productive retirement. On motion of Supervisor Nickens, seconded by Supervisor Robers, and carried by the following recorded vote: AYES: Supervisors Johnson, Robers, McGraw, Nickens, Garrett NAYS: None RESOLUTION 22889-8.e REQUESTING ACCEPTANCE OF HUNTRIDGE ROAD AND BRITANEY ROAD INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY ROAD SYSTEM BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 545 February 28, 1989 - 1. That this matter came this day to be heard upon the proceedings herein, and upon the application of Huntridge Road from its intersection with Springer Road to the cul-de-sac for a distance of 0.32 mile and Britaney road from its intersection with Springer Road to its intersection with Huntridge Road for a distance of O. 14 miles 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) to (60) foot right-of-way for said roads have been dedicated by virtue of a certain map/maps known as Section No. 2 Huntridge Subdivision which map was recorded in Plat Book 10, Page 12, of the records of the Clerk's Office of the Circuit Court of Roanoke County, Virginia, on June 27, 1986 and that by reason of the recordation of said map 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. 3. That said roads known as Huntridge Road and Britaney Road and 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 '. February 28, 1989 54 6 - acceptance of said street or highway by the Virginia Departmen~ of Transportation. On motion of Supervisor Nickens, seconded by Supervisor Robers, and carried by the following recorded vote: AYES: Supervisors Johnson, Robers, McGraw, Nickens, Garrett NAYS: None RESOLUTION 22889-8.f REQUESTING ACCEPTANCE OF KILDEER CIRCLE AND FALCON RIDGE ROAD INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION 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 Kildeer Circle a section of road extending from Hunting Hills Drive (Route 1541) in a southerly direction to a cuI de sac for a distance of 0.09 miles and Falcon Ridge Road extending from Hawkbill Circle (Rt. 1938) in a westerly direction to Hunting Hills Drive (Rt. 1541) for a distance of 0.40 miles. Pursuant to Section 33.1-72.1, Paragraph C-l and funded pursuant to Section 33.1-75.1, paragraph A of the Code of Virginia, of 1950 as amended. 2. That this Board does guarantee the Commonwealth of Virginia and unrestricted right-of-way of 50 feet with necessary easements for drainage as recorded in Plat Book 8, Page 5 and ? 4.1 ...,ß February 28, 1989 - Plat Book 8, Page 48, dated December 15, 1971 and June 6, 1973, respectively, and deeds of later dates, all of record in the Roanoke County Circuit Court Clerk's Office. 3. That this Board does certify that these roads were open to public use prior to July 1, 1978, at which time it was open to and used by motor vehicles. 4. That this Board does certify that speculative interests are not involved. 5. That said roads known as Kildeer Circle and Falcon Ridge Road which are shown on a sketch accompanying this resolution be, and the same is 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 street or highways by the Virginia Department of Transportation. On motion of Supervisor Nickens, seconded by Supervisor Robers, and carried by the following recorded vote: AYES: Supervisors Johnson, Robers, McGraw, Nickens, Garrett NAYS: None IN RE: APPROVAL OF RAFFLE PERMIT FOR THE CAVE SPRING JAYCEES February 28, 1989 54 8 Supervisor questioned the legality of this type of raffle permit under the state code and pointed out that the activity had already been held prior to this meeting. County Attorney Paul Mahoney suggested that the item be tabled so that he may research the legality of the raffle permit. Supervisor Nickens moved to table the issue for legal research. The motion was seconded by Supervisor Garrett and carried by the following recorded vote: AYES: Supervisors Nickens, Garrett NAYS: Supervisors McGraw, Robers PRESENT: Supervisor Johnson Supervisor McGraw moved to approve the Raffle Permit. There was no second and the motion died. Mr. Mahoney advised he would research the legality of the raffle permit. IN RE: REPORTS Supervisor Nickens moved to receive and file the following reports. The motion was seconded by Supervisor McGraw and carried by the following recorded vote: AYES: Supervisors Johnson, Robers, McGraw, Nickens, Garrett NAYS: None 549 February 28, 1989 - 1. Capital Fund Unappropriated Balance 2. General Fund Unappropriated Balance 3. Board Contingency Fund 4. Accounts Paid - January 1989 5. Income Analysis and Statement of Expenditures as of January 31, 1989. IN RE: RECESS Chairman Garrett declared a brief recess until 4: 00 p.m. IN RE: WORK SESSIONS 1. Joint Work Session with Parks and Recreation Advisory Commission. Mr. Hodge advised that the Commission had been studying the operations of the Parks and Recreation Department to suggest cost efficiencies and improvements and that these items will be brought back to the Board members for approval in the future. Assistant County Administrator John Chambliss introduced the Chairman of the Commission, Yvonne Willis, who February 28, 1989 55 0 introduced the other members of the Parks and Recreation Commission. Ms. Willis reported that the commission formed two committees, one to study cost efficiencies and one to study property evaluation. A public assessment survey has also been conducted. She also informed the board that a parks ordinance was being drafted. Director of Parks and Recreation Stephen Carpenter presented an overview of the department, describing the number of acres and parks maintained by the Parks division. He reported that six additional parks have been added as a result of the 1985 bond referendum. Vince Joyce, vice chairman of the commission, described the public assessment survey project, and reviewed the resul ts of the survey. Mr. Joyce and Mr. Carpenter also presented a summary of the progress on the 1985 bond projects which included Green Hill Park, Starkey Park, Whispering Pines Park, Happy Hollow Garden, Vinyard Park and Waldron Park. There was a discussion on the positive and negative impacts of a fee structure. Several board members expressed concern at charging a fee to participate in recreational activities. Mr. Joyce outlined recommendations that the commission had prepared to improve maintenance and efficiencies and raise 55 1 February 28, 1989 funds to be utilized for parks and recreation. They further requested that the Y -camp at the Spring Hollow Reservoir be turned over to the Parks and Recreation Department. Supervisor Garrett moved to authorize staff to bring the individual reports back to the Board of Supervisors to consider action in the future. The motion was seconded by Supervisor McGraw and carried by the following recorded vote: AYES: Supervisors Johnson, Robers, McGraw, Nickens, Garrett NAYS: None IN RE: RECESS There was no executive session and Chairman Garrett declared a dinner recess at 5:20 p.m. EVENING SESSION (7:00 P.M.) IN RE: NEW BUSINESS (CONTINUED FROM 3:00 P.M.) 1. Final recommendations on Proposed Landfill Sites. A-22889-9 February 28, 1989 55 2 Chairman Garrett advised this was not a public hearing concerning the proposed sites. Public hearings have previously been held around the county, and at this time, there will be no opportunity for public input. Mr. Hodge reported that the search for a new landfill site for the Roanoke Valley began more than a year ago. Since that time, staff and consultants have evaluated more than 50 sites and identified six that were the most feasible. Mr. Hodge stated that following the reports by the Citizens Advisory Committee and Dr. Olver, the consultant, he will request Board authorization to forward two sites to the state for Part A application. After careful review of the consultant's work, visits to each site, and work sessions, he recommended proceeding with the Bradshaw and Boones Chapel sites. He reminded the Board that all six sites have potential, if the Board wishes to choose other sites. Each Part A application will cost approximately $46,000. He advised that the top two sites were recommended because they have the best socio-technical characteristics. The Bradshaw site with a matrix score of 291 was considered the best site. An access road should be constructed so that landfill vehicles will not have to use Bradshaw Road. The second choice is Boones Chapel with a matrix score of 214. The Buck Mountain site, with a matrix score'of 224, would have been second, but due to a projected life of only 15 years, the 55 J. February 28, 1989 consultant and staff recommend that this site not be recommended at this time. The Fort Lewis Site and the Mount Pleasant site are very close in ranking, and the Red Hill received the lowest score. Mr. Hodge recommended that while the state performs the necessary review, the County should conclude the contractual arrangements with the other participating localities. The Roanoke Valley should also pursue the possibility of an additional landfill with Bedford County and increase recycling throughout the valley. Carlton Wright, Chairman of the Citizens Landfill Advisory Committee, explained how the committee was involved with the process and introduced the other members of the committee. Their role in the process was to minimize the impact to the residents in the host community; to assure that the selection was as objective as possible and that proper emphasis was given to social issues. The committee is also working on development and operating standards for the landfill to assure minîmum impact on the residents in the area. They met with the landfill consultant and studied the factors, applying weights to them, ensuring that top priority was given to issues such as proximity to homes, the number of landowners, traffic impact, visibility of the landfill, and buffer zones. ~ February 28, 1989 55 4 - The committee has met every week and had two joint meetings with the Planning Commission. They will make recommendated conditions for the Special Exception Permit approved by the Board of Supervisors. If approved, the conditions will be binding on the landfill. Some of their recommendations will include a guarantee that contaminated groundwater will be replaced at no expense; if property is devalued, the residents will be reimbursed; that access roads are safe, and that there are adequate buffer zones. They feel the host community should be compensated for having a landfill in their area such as improvement projects, free use of the landfill services, fire protection, and continued waste reduction measures. Other recommendations include minimizing of noise and operating hours, tight security, tipping fees that will encourage recycling and escrow of funds that will compensate for groundwater protection and devaluation of property. They will also recommend environmental monitoring to ensure that the landfill operation complies with the conditions attached to the Special Exception Permit. Mr. Wright reported that the committee plans to present these recommendations to the Planning Commission in mid-April. They will also begin to address the specific needs of the Bradshaw and Boones Chapel sites and ways to reduce the waste stream. 55 5 February 28, 1989 - ::::=:i:: [- Dr. Olver, the landfill consultant, presented a slide ~ I ! , presentation outlining what was involved in the process. The primary problems were the large suburban population making it difficult to find a site that does not impact residents and the complex geology. He advised that technically the best sites were tl located in Bedford and Franklin County. The consultant attempted to address the technical, social and cost standpoints in using the matrix system to rank the sites. The state has required that the present landfill must be closed by July 1, 1992. Dr. Olver stated he felt that recycling must be a part of the approach, as well as waste-to-energy. Dr. Olver advised they chose sites based on acreage and a minimum life of 20 years. The Buck Mountain site did not meet the life requirements for a regional landfill. He reported that t I I t r i ¡ f ¡ I ¡ the Landfill Citizens Advisory Committee was the first in the state and serves as the citizens voice on this project. He reminded the Board that their recommendations may be very expensive. The estimated costs the consultants have projected do not include costs for these recommendations. Dr. Olver outlined the process that will take place after Part A application. Part B will include plans and specification on how the facility will be built. He also explained the changes from the matrix originally established by the consultant to the new matrix which included additional issues ~. February 28, 1989 55 6 outlined by Mr. Wright. The matrix rankings were based on 24% cost, 23% social and the remainder technical. Dr. Olver advised that they have estimated the potential costs for the Bradshaw site, but these costs could change when further study is complete. Development costs are estimated at $15.6 million. The annual operating costs are estimated at $4.6 million. $100,000 will be set aside for an environmental trust fund to cover issues such as groundwater contamination. In response to a question from Supervisor Robers, Dr. Olver advised that the estimated life at Bradshaw is 60 years, Fort Lewis is 60 years, Buck Mountain is 15 years, Boones Chapel is 25 years, Mount Pleasant is 30 years and Red Hill is 20 years. Supervisor Johnson asked about the possibility of a monofill area for ash from waste-to-energy. Dr. Olver replied that there is ample space at all but Red Hill and Buck Mountain. In response to another question from Supervisor Johnson concerning closing of the private debris landfills, Dr. Olver responded that these dumps also will be closed in 1992 if they do not meet the standards. Supervisor Robers moved that the Board approve the staff recommendation authorizing the submission of Part A applications for the Bradshaw Road site and Boones chapel site. The motion was seconded by Supervisor McGraw and carried by the following recorded vote: ----r_ 557 February 28, 1989 - - AYES: Supervisors Johnson, Robers, McGraw, Nickens, Garrett NAYS: None Chairman Garrett asked the County staff, the Citizens Advisory Committee and the property owners to meet on Tuesday" March 7th at 1: 00 p.m. at the Administration Center. The property owners will have an opportunity to speak at that time. IN RE: PUBLIC HEARINGS (289-1 WAS HEARD ON FEBRUARY 14, 1989) 289-2 Petition of J. L. Woltz and R. N. Bradley to rezone a 2.92 acre tract from R-l, Residential to R-3, Residential to construct multifamily residences, located at 3464 Chaparral Drive in the Cave Spring Magisterial District. This request was continued until March 28, 1989 at the request of the petitioner. ~ 289-3 Petition of William and Catherine Fortune for a Use Not Provided for Permit to operate a dog and cat boarding kennel in addi tion to a res idence on a 5 .45 acre tract located at 5647 Lowland Lane in the Cave Spring Magisterial District. Planning Director Terry Harrington presented the staff report. He advised that Lowland is a narrow, gravel private road with one small bridge with no railings. The concerns at the Planning Commission were the safety of the road. The petitioners February 28, 1989 558 have promised a pickup and delivery service. They have proffered six conditions. The Planning Commission recommended approval by a three to two vote. The petitioner Kathy Fortune was present to answer questions and advised that they have maintained the road since they moved to the property. In response to a question from Supervisor McGraw, Ms. Fortune reported that the average turnover was 4 to 7 days. Donald Wolthus, attorney for George Janesko, spoke in opposition to the petition because the petitioner does not own the property to be rezoned, but only proposed to buy the additional acreage. He als expressed concern about the traffic and safety of the road and the bridge. Following discussion of the traffic and safety factors and the legalities, Supervisor Robers moved to deny the petition. The motion was seconded by Supervisor McGraw and carried by the following recorded vote: AYES: Supervisors Johnson, Robers, McGraw, Nickens, Garrett NAYS: None 289-4 Petition of J. Edward Conner to rezone an approximate 1.2 acre tract from B-1 Business and R-l Residential to B-2, Business to construct a restaurant, located on the south side of Peters Creek Road, 280 feet week of its intersection with South Drive in the Hollins Magisterial District. 55 9 February 28, 1989 - Mr. Harrington presented the staff report. reported that this is a in a Transition Land Use category. He There are nine proffered conditions. The Planning Commission recommended approval of the request. Ed Conner, the petitioner was present to answer questions. He advised they will serve various sandwiches and salads and the restaurant will seat 54 people. Helen Horn, 1112 East Drive, expressed concern about the potential drainage problems because of a branch on the property, sewage problems and she wanted assurance of proper screening. Supervisor Johnson moved to approve the petition with proffered conditions. He also requested staff to investigate the drainage and sewer problems. The motion was seconded by Supervisor McGraw and carried by the following recorded vote: AYES: Supervisors Johnson, Robers, McGraw, Nickens, Garrett NAYS: None FINAL ORDER NOW, THEREFORE BE IT ORDERED that the aforementioned parcel of land which is contained in the Roanoke County Tax Maps as Parcel 27.13-5, Lots 2-8, 22-26 and recorded in Deed Book 2, page 169 and legally described below, be rezoned from B-1 and R-l District to B-2 District February 28, 1989 56 0 BE IT FURTHER ORDERED that a copy of this order be transmitted to the Secretary of the Planning Commission and that he be directed to reflect that change on the official zoning map of Roanoke County. n· BEGINNING at a point on the northerly side of East Drive ( 50' wide) 100 ft~ easterly from the east line of Lot 11 of the R.E. nillard Farm Map; Thence leaving East Drive and with the east line of Lots 21 and 1, N. 26 degrees 02' W. 308.69 ft~ to a point on the southerly side of Virginia Highway Route No. 117; Thence with the same, N. 72 degrees 20'E. 227.41 ft. t~ a point; Thence leaving Virginia ·Highway Route No. 117 and with the westerly line of Lot 9, S. 26 degrees 02' E. 161.50 ft. to a point on the north- erly line of Lots 25 and ~6, N. 63 degrees 58' E. 50.00 ft. to a point; Thence with a line thru the center of Lot 26, S. 26 "degrees 02' E. 150.00 Ft. to a point on the northerly side of East Drive; Thence with the same, S. 63 degrees 58' W. 225.00 ft. to the PLACE OF BEGINNING and being all of Lots 2 thru 8, all of Lots 22 thru 25 and the westerly one half of Lot 26, Section 1, Map of Dillard Court of record in the Clerks Office of the Circuit Court of Roanoke County, Virginia in Plat Book 2 Page 169." PROFFER OF CONDITIONS (1) Property will not be used for such businesses as hotels, motels, theaters, assembly halls, new car dealerships, barber/beauty shops and flea markets. (2 ) The building will be a single story. (3) Restaurant will have no dance hall space. (4) No flashing signs and no portable signs. Permanent fixed signs only, limited to 80 sq. ft. 56 1 February 28, 1989 - - (5) Lighting will be arranged so as to light only the lot of the permitted use. (6) A 10-year stormwater detention facility with a two-year release shall be constructed. (7) A maximum of three game machines will be on premises. (8) Site development shall occur in compliance with newly adopted County street and off-street parking design and specification standards. One entrance only - VA 117. (9) At a minimum, type C screening and buffering shall be implemented on eastern, western and southern property borders. 289-5 Petition of Central Fidelity Bank Inc. to rezone a 1.02 acre tract from B-2 and B-3, Business to B-2 Business to construct a bank, located at 4143 Franklin Road in the Cave Spring Magisterial District. Mr. Harrington reported that there were no significant impact factors. There has been one modification to the proffers since the Planning Commission heard the request. The Planning Commission recommended unanimous approval. Jim Harvey, Assistant Vice President of Facilities for Central Fidelity Bank was present to answer questions. February 28, 1989 56 2 Supervisor Robers moved to approve the request with proffered conditions. The motion was seconded by Supervisor Johnson and carried by the following recorded vote: AYES: Supervisors Johnson, Robers, McGraw, Nickens NAYS: None ABSTAIN: Supervisor Garrett FINAL ORDER NOW, THEREFORE BE IT ORDERED that the aforementioned parcel of land which is contained in the Roanoke County Tax Maps as Parcel 77.20-1-40 and recorded in Deed Book 1082, page 454 and legally described below, be rezoned from B-2 and B-3 Business District to B-2 Business District BE IT FURTHER ORDERED that a copy of this order be transmitted to the Secretary of the Planning Commission and that he be directed to reflect that change on the official zoning map of Roanoke County. BEGINNING at an existing iron pin on the westerly right-of-way of U.S. Route 220 (Franklin Road) and being the woutheast corner of the property of Cleasly St. Clair et ux (Tax Map Number 77.20-1-38), THENCE leaving sa id St. Clair and wi th said right-of -way S 18 ° 15' 00" E; 149.64' to a point, the Actual Point of BEGINNING, THENCE .continuing with said right-of-way S 18°15'00" E, 154.60' to an existing iroñ pin at the north right-of-way intersection of Valley Street, 56 3 February 28, 1989 THENCE leaving Rout.e 220 right-of-way and with the right-of-way of- Valley Street the following 4 courses: S 14u37'50" W, 42.57' to an existing iron pin, S 66°04'20" W, 103.00' to an existing iron pin, S 56°28'33" W, 76.57' to an existing iron pin, S 42°36'15" W, 25.19' to a point to an existing iron pin, THENCE leaving said right-of-way of Valley Street and with the west line of the subject property N 18°15'00" W, 233.03' to a point, THENCE with a line through the subject property N 71°45'00" E, 221.65' to the Actual Point of BEGINNING, containing 1.02 acres. PROFFER OF CONDITIONS (1) The site will be developed in substantial conformity to the concept plan prepared by Balzer and Associates, Inc. and dated January 9, 1989. The building may be oriented in a slightly different manner to improve visibility and drive-thru access. (2) Site lighting will be directed downward and will not exceed 20 feet in height. Signs will not be lighted after 10:00 p.m. (3) Free standing signs will be limited to 50 square feet and will not exceed 20 feet in height. (4) The entrance on U. S. Route 220 will be placed adjacent to the northern property line to facilitate a shared entrance between the proposed bank site and the remaining property to the north. 56 4 February 28, 1989 (5) Central Fidelity Bank, Inc. will coordinate with Roanoke County to enable the County to upgrade the storm sewer along the eastern property line (beside U. S. Route 220) prior to Central Fidelity paving an entrance onto U. S. Route 220, so long as cooperation does delay paving the entrances to the planned branch opening on December 1, 1989. 289-6 Petition of Fekas Homes, Inc. to rezone a 3.75 acre tract from RE, Residential Estates to M-2, Industrial, located at the northeast corner of the intersection of 16th Street and Carlisle Avenue in the Vinton Magisterial District. (Petitioner changed to Steve Rossi) Mr. Harrington reported this petition is now being submitted on behalf of Mr. Steve Rossi. The staff advised that if this petition is approved, a land use amendment will be instituted because the land use is presently Rural Preserve. The petition plans to use this property for expansion, employee parking and storage of concrete products. Staff made several recommendations concerning access to the site, and the petitioner recommended that industrial traffic will use Brownlee Avenue. Heywood Fralin, attorney for the petitioner, was present and he advised that there will only be one additional entrance and that the other entrance already exists. He reported 56 5 February 28, 1989 - that none of the trucks or employees use Carlisle Avenue and are willing to have that closed. The following citizens spoke in opposition to the proposed rezoning because of traffic flow, air pollution, noise and lowered property values: 1. Joe Bryant, Riverdale Baptist Church. 2. Jennifer Bobbitt, 1601 Gordon Avenue 3. Eddie Bobbitt, 1601 Gordon Avenue Supervisor Nickens expressed concern about the traffic at the entrances, the park and houses near the property and moved to deny the petition. There was no second and the motion died. Supervisor Nickens then moved to continue the petition until March 28, 1989 so that the board members could personally inspect and evaluate the site. There was no second and the motion died. Supervisor McGraw moved to approve the petition with conditions. The motion was seconded by Supervisor Garrett and carried by the following recorded vote: AYES: Supervisors Johnson, Robers, McGraw, Garrett NAYS: Supervisor Nickens FINAL ORDER NOW, THEREFORE BE IT ORDERED that the aforementioned parcel of land which is contained in the Roanoke County Tax Maps February 28, 1989 56 6 as Parcel 70.11-1-22 and 70.11-1-21 and recorded in Deed Book 1031, page 576 and legally described below, be rezoned from RE Residential District to M-2 Manufacturing District BE IT FURTHER ORDERED that a copy of this order be transmitted to the Secretary of the Planning Commission and that he be directed to reflect that change on the official zoning map of Roanoke County. :), 8ECI.NINC at an Iron p~n on the aouth aid, of Carl111e Avenue at ..t, euteely teralnul, lai~ point beln9 on t ,e Roanoke City-Roanoke Co."ty Corponte I.lne and beinv I point c;:\ the 11na of Lot_l, Rlveellde terraCe recoeded In the Cleek'. Offl:e of the Clecult Court of :he City of Roanoke ill Kap 800k 1, Pave 2::31 thence 1eavln9 Idd Point of "vinllll111 and crouin9 Cae1hle Aveiue, th.a followin9 the euteely aide of an 11 foct alhy, M. 33' 41' E. 403.24 fut to an old Iron pill on tha eut lide of 16th Stuet, alld cornee to the Pf~perty pce.ently owned by Stephen C. , Seth Ann ROlli; thence with ·,he ROlai Hne alld the "I:opeety herein ducribed, S. 56' 19' E. ~~4.01 feet to an old iron pin 011 the I1na of·tbe WI Ilia. ,. Villyacd lat~ter thence with the Vinfard Eltate, s. 31',48' :)' W. 455.99 feet to ~ Icon pia on the line :f I.ot 6 of Rlveraide terrace; thance with tb. caae line of Rlvee.l~e ~aerace Subð1vlalcr. t.nd tba Corpoeata Llne .... ; ...... beh-un !loanoke City and f'oanolte County, II. 48' ?S" ~S·.... ·382.55 feet to the Place of 8£GINN!NG and belnv a pa~cel of 1aad containlnv " 3.~658 acee. and be1nv a. ., ,ovn on 80undary s;.Ievey for stephen C. , ;... .e;h Ann ào..i by t. P. Pa:ltee , Son, Entine.ca and lurveyor.'.Ltd. ; d.t.ed Deca.bee 21, 1988. a t:opy of vhlc:~ ~. a:~ac:hed hereto and ucSe . part bereot. ..l, . PROFFER OF CONDITIONS 56 7 February 28, 1989 (1) The property will be used only for concrete production, storage and related uses; (2) The Petitioner will substantially comply with the attached site plan; (3) The Petitioner will provide screening in accordance with the existing Zoning Ordinance; ~ (4) Petitioner will not use sígnage exceeding 200 square feet or exceeding 20 feet in height. 289-7 Petition of William Maas to amend the proffered conditions dated November 17, 1987 on a 0.56 acre tract to construct, assembly and sell wooden playground equipment located at 3639 Brambleton Avenue in the Windsor Hills Magisterial District. Mr. Harrington reported that this property was rezoned in November 1987 from B-2 to M-l. They are now requesting modifications of the conditions and offering new proffered conditions. The playground equipment will ue a~sembled in the building and sold on the site. There are seven - conditions and the Planning Commission recommended unanimous approval. 56 8 February 28, 1989 Mr. Maas was present to answer questions. Supervisor Garrett moved to approve the request. The motion was seconded by Supervisor Robers and carried by the following recorded vote: AYES: Supervisors Johnson, Robers, McGraw, Nickens, Garrett NAYS: None FINAL ORDER NOW, THEREFORE BE IT ORDERED that the aforementioned parcel of land which is contained in the Roanoke County Tax Maps as Parcel 77.09-4-47 and recorded in Deed Book 1156, page 354 and legally described below, be rezoned from M-l Conditional District to M-l Conditional with amended conditions District BE IT FURTHER ORDERED that a copy of this order be transmitted to the Secretary of the Planning Commission and that he be directed to reflect that change on the official zoning map of Roanoke County. BEGINNING at a point at the northeast corner of the property of WADO Corporation (Deed Book 1198, Page 144); thence N. 58° 00' E. 90.00 feet to a point; thence S. 3 2 0 00' E . 7 0 . 00 fee t to a po i n t; the n c e S. 580 00' W. 90.00 feet to a point; thence N. 32° 00' W. 70.00 feet to a po i n t . PROFFER OF CONDITIONS 56 9 February 28, 1989 ( 1) (2) (3) (4) (5 ) No business hours after 9 p.m. No outside storage of excess lumber of any kind. No large truck delivery (i.e. semi-trucks) Doors will be shut when saws are in progress. Outside display area will be in respectable condition at all times. (6) No freestanding signage shall be permitted for this use. (7) The property shall only be used for the manufacture and incidental sale of wooden playground equipment. 289-8 Petition of Lingerfelt Development Corporation to rezone a 2.768 acre tract from M-2, Industrial to M-l, Industrial and obtain a Special Exception Permit for related commercial uses to become part of Valleypointe, located on the north side of Kenworth Road 119 feet west of its intersection with Peters Creek Road in the Hollins Magisterial District. There was no discussion of this petition. Supervisor Nickens moved to grant the petition with proffered conditions. The motion was seconded by Supervisor Robers and carried by the following recorded vote: AYES: Supervisors Johnson, Robers, Nickens, Garrett NAYS: None ~ i: ~ 1: 57 0 February 28, 1989 ABSTAIN: Supervisor McGraw FINAL ORDER NOW, THEREFORE BE IT ORDERED that the aforementioned parcel of land which is contained in the Roanoke County Tax Maps as Parcel 37.07-1-6 and recorded in Deed Book 1289, page 1309 and legally described below, be rezoned from M-2 General Industrial District to M-l Light Industrial District BE IT FURTHER ORDERED that a copy of this order be transmitted to the Secretary of the Planning Commission and that he be directed to reflect that change on the official zoning map of Roanoke County. BEGINNING at a point 'designated as Point 1 on the hereinafter mentioned plat, said Point being located on the northwesterly side of Kenworth Road, said Point being also the southeasterly corner of the 10.78 acre parcel owned by Smithsub, Inc., a Virginia corporation, as described in Deed dated July 5, 1987, of record in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Deed Book 1289, page 1309; thence leaving Kenworth Road and with the northerly line of the property of Smithsub, Inc., N. 510 37' 39ft W. 736.50 feet to a point designated as 6A, being the ACTUAL PLACE OF BEGINNING; thence with a new division line through the property of Smithsub, Inc., S. 52° OQ' 19ft W. 414.89 feet to a point designated as 3A, said Point being on the line of the property of Overnight Transportation (Deed-Book 972, page 569); thence with the northerly line of Overnight Transportation, N. 37° 03' 21" W. 325.00 feet to Corner 4, said point being on the southerly line of the property of Lingerfelt Development Corporation; thence leaving the line of Overnight Transportation and with the line of Lingerfelt Development Corporation, N. 52° 33' 19ft E. 330 feet to Point 5; thence continuing with the Lingerfelt 57 1 ¿: February 28, 1989 Development Corporation property, the following two courses and distances: S. 53° 11' 44" E. 54.5 feet to Corner 6 and thence S. 51° 37' 39" E. 277 feet to Point 6A, the ACTUAL POINT OF BEGINNING¡ and containing 2.768 acres and being as more particularly shown on Plat of Survey made by Buford T. Lumsden' Associates, P.C., Engineers & Surveyors, dated August 25, 1988. PROFFER OF CONDITIONS 1. The property will not include permitted uses for: a. Automobile painting, upholstering, repairing, rebuilding, reconditioning, body and fender work, truck repairing or overhauling, unless incidential to the user's principal business. b. Manufacture of pottery and figurines or other similar ceramic products; c. Veterinary hospital and commercial kennels with exterior runs and yards; d. Outside flea markets, unless a special exception has been granted by the Board of Supervisors. 2. That the property will be developed so as to utilize landscaping and preserve existing vegetation where possible. No more than 75% of each building site will be developed for building and parking uses. 3. Outdoor advertising siqns (billboards) will be prohibi ted. 4. That there will be no outdoor storage except under the following conditions: a. that it not be higher than the elevation of the building¡ b. that it not comprise an area greater than 50% of the floor area of the building; and c. that it be screened from view with landscaping and/or other approved screening materials in accordance with the provisions of the Roanoke County Ordinance. 5. That.all Ãtilities will be underground. 6. That ther~ will be no on-street parking. February 28, 1989 572 7. That the Petitioner will review the drainage - situation for Valleypointe and implement a design for drainage facilities to either retain or detain the two (2) year storm (as has been required by Roanoke County) and to consid~r retention or detention for a ten (10) year storm. 289-9 Petition of Roanoke County Board of Supervisors to rezone a 1.03 acre tract from M-l, Industrial to B-1, Business to construct a rescue squad building and for Planning Commission review of the compatibility of a proposed rescue squad facility and the Comprehensive Plan, located at the southeast corner of Brambleton and Valley Forge Avenues in the Cave Spring Magisterial District. There was no discussion on this petition. Supervisor Nickens moved to approve the request with proffered conditions. The motion was seconded by Supervisor McGraw and carried by the following recorded vote: AYES: Supervisors JOhnson, Robers, McGraw, Nickens, Garrett NAYS: None FINAL ORDER NOW, THEREFORE BE IT ORDERED that the aforementioned parcel of land which is contained in the Roanoke County Tax Maps as Parcel 77.13-3-3 and -4 and recorded in Deed Book 1209, page 369 and legally described below, be rezoned from M-l District to B-1 District 57 3 February 28, 1989 - BE IT FURTHER ORDERED that a copy of this order be transmitted to the Secretary of the Planning Commission and that he be directed to reflect that change on the official zoning map of Roanoke County. IEGINNING .~ . iron pin .e~ .~ the nor~nea.~ ln~er.eC~lon of Ira.ble~oft Avenue end ~alley Por,e Avenue, ~beftce vi~h ~he ea.t ri,h~-of-way line of Iraable~o. Avenue . 5.' 00' 00· E 204.20 fee~ to an iron pin ae~ near ~he end of a 30' hi,h .~one vall and heift9 ~he front corner he~...en LoU 4 all4 5. Sec~ion 4 of Moun~ Vernon lei,ht., thence leavin, Iraable~on Avenue anð vi~h Lo~ 4 200.00 feet to an old iron pin found a~ the corner of Lo~a 4. 5. 1 and '. Sec~ion 4 of MOun~ v.rnon "i,hU, .dd iron pin loca~ed . .5' 51· 1" W. 35.25 fee~ frOM the aou~hVe~ corner of ~he Coun~y Ad.ini.~ra~ion luildin" thence 1.avi.. Lot 4 and vi~h LoU 1 anð . S 32" 00· 00' E · 72' 53· 00' W · 5 . 55· 00' W N 31' U· 20' W · 40' U· 30' W · 54' 00· u· W 124.14 feet to an iron pin .e~ ont he norh~ ri,h~-of-way of Valley Por,e Avenue and a fron~ corner of Lo~. 1 and ., ~hence leavin, Lo~ . all4 the fron~ of Lot 1 and .,i~h the nor~h ri,ht-of-way of valley Por,e Avenue 107.99 feet to an iron pin .et at the corner of Lot. , and " thence leavin, Lot 7 all4 cootinuin, vith the north ri,ht-of-~ay of Val1a7 'or,e Avenue 39.52 fee~ ~o a iron Fin set at the point wher. the new ri,ht-of-way of Valley 'or,e he,in., thence .,ith ~he nev ri,h~-of-vay 21.13 f..~ ~o a iron pin ..t, th.nce con~inuin, wi~h ~he nev ri,h~-of-vay 41.14 f..t ~o a iron pin .et, th.nce continuin, with ~he new ri9h~-of-vay II." feet to a iron pin ae~, th.nce continuin, with the new ri,ht-of-vay S 17' 07' 00' . , t , I ¡ t i ~ I . 2' 32' 01" E 23." feet to the point of be,innin" containin, 1.03 acre.. ~re or 1.... accordift9 to a .urvey by luford ~. LGasden , A..ociat.. IEING all of Lot. 5 an4 7 and part of Lot '. Sec~ion 4. of the MOunt Vernon lei,ht. aubdivi.ion and bein, par~ of the real property conveyed to the Ioard of Supervi.ora of Roanoke Coun~y by deed dated July 21. 19.3 and recorded in Deed loOk 1195, Pa,e 'I and a part of the real proper~y conveyed to the Ioard of Superviaor. of Roanoke County by deed dated July 1'. 1".. and recorded in Deed loOk 1209. ra,e 3". PROFFER OF CONDITIONS 57 4 ;11 February 28, 1989 ( 1) The entrance onto Brambleton Avenue will be a one-way emergency entrance on and will be denoted by appropriate signs and pavement markings. IN RE: FIRST READING OF ORDINANCES 1. Ordinance amendinq Section 21-4 (a) Enhanced Emergency Telephone Tax, of Chapter 21, Taxation, of the Roanoke County Code reducing the tax on purchases of local telephone service to fund the E911 Emerqency Telephone System. County Attorney Paul Mahoney presented the staff report explaining that the ordinance would reduce the tax to 46 cents per month effective July 1, 1989. Supervisor Johnson moved to approve first reading of the ordinance. The motion was seconded by Supervisor Robers and carried by the following recorded vote: AYES: Supervisors Johnson, Robers, McGraw, Nickens, Garrett NAYS: None 2. Ordinance accepting an offer for and authorizing the sale and conveyance of surplus real estate - well lot on Route 633, Benois Road. 57 5 February 28, 1989 Mr. Mahoney reported that the County had received an offer from Alfred E. Wray in the amount of $15,007 and the proceeds will be allocated to the capital improvement fund. In response to a question from Supervisor Nickens, Utility Director Clifford Craig said that this lot is more valuable than other well lots because of its value to the individual. Supervisor Nickens moved to approve first reading of the ordinance. The motion was seconded by Supervisor Garrett and carried by the following recorded vote: AYES: Supervisors Johnson, Robers, McGraw, Nickens, Garrett NAYS: None 3. Ordinance authorizinq the conveyance of a riqht- of-way and easement to Appalachian Power Company. There was no discussion of this item. Supervisor Nickens moved to approve first reading of the ordinance. The motion was seconded by Supervisor Johnson and carried by the following recorded vote: AYES: Supervisors Johnson, Robers, McGraw, Nickens, Garrett NAYS: None February 28, 1989 576 4. Ordinance amending and reenacting Section 21-151, Levy of tax; amount of the Roanoke County Code to provide for the taxation of food that is sold for off-premises consumption. Mr. Mahoney reported that the General Assembly authorized Roanoke County to amend its meals tax ordinance to apply to food prepared on premises and sold to take out. A public hearing and second reading will be held March 14, 1989. The proposed effective date is April 1, 1989, and the Commissioner of the Revenue will attempt to contact businesses affected by this ordinance. Supervisor Garrett moved to approve first reading. The motion was seconded by Supervisor Robers and carried by the following recorded vote: AYES: Supervisors Johnson, Robers, McGraw, Nickens, Garrett NAYS: None IN RE: ADJOURNMENT Supervisor Johnson moved to adjourn at 9:05 p.m. The motion was seconded by Supervisor Nickens and carried by the following recorded vote: AYES: Supervisors Johnson, Robers, McGraw, Nickens, Garrett NAYS: None 57 7 February 28, 1989 - - I?/J~ '~& 2:;7t ee Garrett, Chairman ....!.. .111 ., ..,1 ." ,·f.! t ,,"Uf'