Loading...
HomeMy WebLinkAbout12/19/1989 - Regular December 19, 1989 281 ~ ----' ----. Roanoke County Board of Supervisors Roanoke County Administration Center 3738 Brambleton Avenue, SW Roanoke, Virginia 24018 December 19, 1989 The Roanoke County Board of Supervisors of Roanoke County, Virginia, met this day at the Roanoke County Administration Center, this being the third Tuesday, and the only regularly scheduled meeting of the month of December, 1989. IN RE: CALL TO ORDER Chairman Garrett called the meeting to order at 3: 15 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 Management Services; Paul M. Mahoney, County Attorney, Mary H. Allen, Clerk to the Board; Anne Marie Fedder, Information 28 2 December 19, 1989 - i== Officer IN RE: OPENING CEREMONIES The invocation was given by Assistant County Administrator John Chambliss. The Pledge of Allegiance was recited by all present. IN RE: REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF AGENDA ITEMS County Administrator Elmer Hodge requested the addition of a Resolution and Report on the Shenandoah Homes fire and Approval of a Public Private Partnership Agreement with Ingersoll Rand. IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND AWARDS ~ Recoqnition of County Officials for activities in State and National Orqanizations. a. Alfred C. Anderson President of the National Association of County Treasurers and Finance Officers and National Association of Counties Taxation and Finance steering Committee. b. Steven A. McGraw - President Elect of the Virginia Association of Counties. c. Elizabeth stokes - National Association of December 19, 1989 283 ----. Counties Justice & Public Safety Steering Committee. d. Elmer C. Hodge National Association of Counties Intergovernmental Relations Steering Committee. e. Elizabeth Leah - President of the Virginia Registrar's Association. f. Ken Hogan - President of the Virginia Animal Control Association. Vice Chairman Robers announced that several County officials and staff have been named as officers to state and national professional organizations. Present to be recognized were Steven McGraw, Al fred C. Anderson, Elmer C. Hodge and Elizabeth Leah. ~ Recoanition of the Cave SDrinq Jaycees for being named the top chaDter in the State. R-121989-1 Mickey Johnson, president of the Cave Spring Jaycees, was present to receive a resolution of appreciation. Supervisor Nickens moved to adopt the prepared resolution. The motion was seconded by Supervisor McGraw, and carried by the following recorded vote: AYES: Supervisors Johnson, Robers, McGraw, Nickens, Garrett NAYS: None RESOLUTION 121989-1 OF APPRECIATION TO THE CAVE SPRING JAYCEES FOR BEING NAMEDTHE TOP CHAPrER IN THE STATE 28 4 December 19, 1989 - - WHEREAS, the Cave Spring Jaycees has been an active volunteer group, providing many hours and funds to help meet the needs of the Roanoke Valley in general, and Roanoke County in particular; and WHEREAS, the Cave Spring Jaycees has been involved in collecting over $60,000 worth of supplies for victims of Hurricane Hugo, in sponsoring candidates' debates prior to the November election, and assisting the County with its All America City celebration; and WHEREAS, during the upcoming Christmas season, the Jaycees will provide Christmas presents for the Mental Health Services Children's Center, for underprivileged children, and for senior citizens at Southern Manor, as well as a Christmas party for residents of the Burwell Home; and WHEREAS, the Cave spring Jaycees has initiated innovative methods to raise funds for year-round activities, including their current gift-wrapping store at Tanglewood Mall; and WHEREAS, the year-round activities of the Club include sponsoring campers at Camp Virginia Jaycees, and providing funds to the Muscular Dystrophy Association, st. Jude's Children's Hospital and the Cystic Fibrosis Foundation; and WHEREAS, the state organization, Virginia Jaycees, reviewed the past activities and future plans of the Cave Spring Jaycees, and awarded them the honor of being the top Jaycee December 19, 1989 285 - organization in the state. NOW, THEREFORE, BE IT RESOLVED, that the Roanoke County Board of Supervisors, on behalf of itself and all residents of the Valley, does hereby extend its gratitude and appreciation to the Cave Spring Jaycees for all that the members ----. give to this community; and FURTHER, the Roanoke County Board of Supervisors does hereby extend its congratulations to the Cave Spring Jaycees for being named the top Chapter in the state. On motion of Supervisor Nickens, seconded by Supervisor McGraw, and carried by the following recorded vote: AYES: Supervisor Johnson, RObers, McGraw, Nickens, Garrett NAYS: None ~ Resolution of ADDreciation to Lee Garrett. for service as a member of the Board of SUDervisors. R-121989-2 Vice Chairman Robers presented the resolution to Chairman Garrett and also presented him with a framed photograph depicting the history of the regional airport. Supervisor McGraw moved to adopt the prepared resolution. The motion was seconded by Supervisor Nickens, and carried by the following recorded vote: AYES: Supervisors Johnson, Robers, McGraw, Nickens, Garrett NAYS: None 286 December 19, 1989 RESOLUTION 121989-2 OF APPRECIATION TO LEE GARRETT FOR SERVICE AS A MEMBER OF THE BOARD OF SUPERVISORS ;:::::= I WHEREAS, Lee Garrett was elected to the Roanoke County Board of Supervisors from the Windsor Hills Magisterial District in 1985; and WHEREAS, Mr. Garrett served with distinction on the Board of Supervisors, helping to guide the County through a time of growth and change; and WHEREAS, Mr. Garrett was instrumental in the formation of the Roanoke Regional Airport Commission, and served as the Vice Chairman of that Commission, giving Roanoke County a part in the operation of the Regional Airport; and WHEREAS, Mr. Garrett served as a member of the negotiating team during consolidation discussions with the City of Roanoke; and WHEREAS, Mr. Garrett served two terms as Chairman of the Board, during which time the County received statewide and national recognition for various innovative programs; and WHEREAS, Mr. Garrett was an essential member of the County's All America City Award Team, leading the presentation and helping the county to become the first in Virginia to receive that award. NOW, THEREFORE, BE IT RESOLVED, that the Roanoke County Board of Supervisors, on behalf of itself and all citizens of Roanoke County, do hereby extend their gratitude and December 19, 1989 28 7 - appreciation to LEE GARRETT for his outstanding contributions to the County as a member of the Board of Supervisors; and FURTHERXORE, the Board extends its deepest hopes that Mr. Garrett continues his involvement with and concern for the citizens of Roanoke County. On motion of Supervisor McGraw, seconded by Supervisor Nickens, and carried by the following recorded vote: AYES: Supervisor Johnson, Robers, McGraw, Nickens, Garrett NAYS: None ~ Resolution and ReDort on Shenandoah Homes Fire. R-121989-3 Mr. Hodge advised that a report had been prepared regarding the Shenandoah Homes fire on December 14, 1989. He announced that the Fire and Rescue Department and the National Fire Protection Association have both investigated the fire, and a report will be forthcoming in several weeks. Mr. Hodge reported that a committee had been formed to review the incident and response times. They have been charged to make recommendations for the future. The committee was Composed of Tommy Fuqua, David Hafey, Frances Murrie, Steve POff, Don Gillespie and Rick Wallace. Mr. Hodge announced that staff will also draft an incentive policy aimed at encouraging nursing and adult home facilities to retrofit with sprinkler systems. Supervisor Johnson expressed deep appreciation on behalf of the Board of Supervisors to the many firefighters, 28 8 December 19, 1989 volunteers and Sheriff's Office personnel who assisted at the -- fire. He reviewed and praised the efforts of all who were involved in helping at the fire and read the resolution of appreciation. Supervisor Johnson moved to adopt the prepared resolution. The motion was seconded by Supervisor Garrett, and carried by the following recorded vote: AYES: Supervisors JOhnson, Robers, McGraw, Nickens, Garrett NAYS: None Fire and Rescue Chief Tommy Fuqua accepted the resolutions on behalf of the others involved. Corporal Woodie Obenchain introduced the other members of the Sheriff's Department who aided the residents of the retirement complex. Chief Fuqua and Chief Barry Fuqua from the Town of Vinton also recognized members of the Fire and Rescue Department. Supervisor Johnson requested that a formal reception be held at some future date to recognize all those involved. RESOLUTION 121989-3 OF APPRECIATION TO THE INDIVIDUALS AND ORGANIZATIONS WHO ASSISTED AT THE SHENANDOAH HOMES FIRE WHEREAS, on Thursday, December 14, 1989, a fire at the Shenandoah Homes retirement complex resulted in the tragic loss of four lives and personal injury to both residents and those fighting the fire; and WHEREAS, many individuals and organizations set aside their personal safety and comfort during the middle of a snowy, December 19, 1989 28 9 ----. ~ sub-freezing night to assist those residents during this devastating situation; and WHEREAS, members of the Roanoke County Sheriff's Office began the evacuation of the residents; and WHEREAS, six fire companies and eight rescue squads responded to the fire, performing in a heroic manner at all times; and WHEREAS, in the true spirit of regional cooperation, neighboring localities offered their assistance by manning the stations who responded to the fire and Roanoke City rescue squads joined in the evacuation process; and WHEREAS, the staff and residents of Shenandoah Homes facilitated the efforts of the fire and rescue personnel using their knowledge and skills learned in previous fire drills; and WHEREAS, the Roanoke County School System provided school buses to transport the residents of the retirement home to an emergency evacuation center; and WHEREAS, Peggy and Raymond Setchel offered the use of the star City Roller Skating Center as an emergency evacuation shelter. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County, Virginia, wishes to express its pride and admiration to those individuals and organizations for their many efforts to aid the residents at the Shenandoah Homes retirement complex; and FURTHER, The Board, on behalf of the citizens of 290 December 19, 1989 Ruönoke county, expresses its deepest appreciation for the heroic deeds that were performed by so many with little thought to personal comfort and safety. On motion of Supervisor JOhnson, seconded by Supervisor Garrett, and carried by the fOllowing recorded vote: AYES: Supervisor Johnson, Robers, MCGraw, Nickens, Garrett NAYS: None i== IN RE: NEW BUSINESS ~ Presentation of Audit Reoort for year ended June 30. 1989 and final aDDroDriation. A-121989-4 Finance Director Diane Hyatt announced that as a result of operations for the year ended June 30, 1989, the County has generated additional funds of $2,996,225. Of this amount, $525,000 was used in the 1989-90 budget. At this time, there is an increase of $2,471,225 to the unappropriated balance leaving a balance at end of $4,483,543. She presented copies of the audit report to the board members. In response to a question from Supervisor RObers, Ms. Hyatt advised that the large variance was a result of an increase in personal property tax. She recommended acceptance of the Comprehensive Annual Financial Report, appropriation of funds to the County General Fund, the School Operating Fund and the School Capital Fund, and adoption of a goal statement to maintain the General Fund Unappropriated Balance at a minimum of 6.25%. December 19, 1989 29 1 - 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 ~ Request for authorization to execute a contract to establish an Automated Library System with the cities of Roanoke and Salem. A-121989-5 Mr. Hodge presented the staff report. He announced that the issue had been delayed at the last board meeting and that Roanoke City took action on December 4 to execute the contract contingent on participation by the County. Mr. Hodge recommended authorization of the contract with either the County's share of the funds to be financed by Roanoke City or financed by the County from the unappropriated balance. He expressed preference for the County funding its own share. Assistant County Administrator John Chambliss stated that the cities of Roanoke and Salem will go ahead with the automated system even if Roanoke County chooses not to. In response to a question from Supervisor Nickens regarding what staff has done since the last meeting, Mr. Chambliss advised that they had contacted the vendors and reviewed the documents as to whether the system could be used with the present equipment in 292 December 19, 1989 -- either Roanoke City or Roanoke County. - Neither vendors offer a compatible system for current equipment. Supervisor Nickens responded that he had anticipated further study of alternate systems. He requested that the matter be taken back to the full committee for further study. Library Director George Garretson and Bev Burry, Roanoke City Library, were present and described the bid process for the automated system. Supervisor Nickens moved that Roanoke County not move forward and participate in the automated system and that the matter be referred to the committee; and that other systems be given thorough consideration. The motion was seconded by Supervisor Robers, and was defeated by the following recorded vote: AYES: NAYS: Supervisors Robers, Nickens Supervisors Johnson, McGraw, Garrett Supervisor McGraw moved to authorize the County Administrator to execute the contract and the County to pay its share from the unappropriated balance. Supervisor Nickens offered an amendment, accepted by Supervisor McGraw that that the County fund its share from $60,000 from the Library budget with the remainding funds coming from the unappropriated balance. The amended motion was seconded by Supervisor Garrett and carried by the following recorded vote: AYES: NAYS: Supervisors Johnson, Robers, McGraw, Nickens, Garrett None December 19, 1989 293 ~ - ~ Authorization to Droceed with eminent domain for a sanitary sewer easement. A-121989-6 utility Director Clifford Craig announced that design for Valleypointe Phase II sanitary sewer is complete and agreement for easement acquisition has been reached on all but one easement. Roanoke County has offered to pay 40% of the full assessed valuation for this easement, but Mr. Jesse N. Jones has asked ten times that amount. staff is requesting authorization to begin eminent domain proceedings. Mr. Mahoney advised that he may have to bring this matter back for a pUblic hearing to authorize entry. Supervisor Johnson moved to authorize eminent domain proceedings. The motion was seconded by Supervisor Nickens, and carried by the following recorded vote: AYES: Supervisors JOhnson, Robers, Nickens, Garrett NAYS: None ABSTAIN: Supervisor McGraw ~ ApDroval of Public Private PartnershiD Agreement with Hansteck Inc. A-121989-7 Economic Development Director announced that Hansteck, Inc. is relocating their paint roller manufacturing business to the County. They will relocate $475,000 capital equipment and 52 294 December 19, 1989 -- employees with additional employment of up to 25 employees. Hansteck has requested that Roanoke County fund the water and - sewer utility connections fees. The net tax increase to Roanoke County with relocation is $7939.40 and the costs will be met within the first tax year. Funds for the participation agreement are in the Economic Development Fund. Staff recommended approval of the appropriation and transfer of $7,250 from the Economic Development fund to the utility Fund. Supervisor Nickens moved to approve the staff recommendation. The motion was seconded by Supervisor Johnson, and carried by the following recorded vote: AYES: Supervisors Johnson, Robers, McGraw, Nickens, Garrett NAYS: None ~ Request for authorization to execute an agreement with Botetourt County for a ioint Fire and Rescue Station. A-121989-8 Mr. Hodge advised that Botetourt County Administrator John Williamson had discussed this issue with the Botetourt Board of Supervisors. In response to a question from Supervisor Johnson, Mr. Hodge stated he thought this was the first such joint station in the State of Virginia. Supervisor Johnson moved to authorize staff to proceed with the preparation of an agreement with Botetourt County. The motion was seconded by Supervisor Nickens, and carried by the following recorded vote: -' December 19, 1989 295 - AYES: Supervisors Johnson, Robers, McGraw, Nickens, Garrett ----' ----. , NAYS: None ~ 1990 Leqislative Program. A-121989-9 Mr. Mahoney advised that this issue was continued from the last meeting for changes. He reviewed the changes that were made. Supervisor Johnson pointed out that both the County and School Board were asking for a one-half cent local option sales tax and only one request should go forward. He also did not feel Roanoke County should support opposition to compulsory binding arbitration for public school employees. Supervisor Johnson moved to remove these two items from the legislative requests. The motion was seconded by Supervisor McGraw, and carried by the following recorded vote: AYES: Supervisors JOhnson, RObers, McGraw, Nickens, Garrett NAYS: None Supervisor Nickens moved to approve the legislative program as amended by Supervisor Johnson's motion. The motion was seconded by Supervisor McGraw , and carried by the following recorded vote: AYES: Supervisors Johnson, Robers, McGraw, Nickens, Garrett NAYS: None ~ A~Droval for an additional Drainaqe Enqineer. 296 December 19, 1989 -- A-121989-10 - Mr. Hodge presented the staff report advising that in order to accommodate the schedule for the drainage program it is necessary to hire an additional drainage engineer. He advised that the additional position will aid both the drainage program and the Rural Additional Road Project. Supervisor Johnson stated he felt the hiring of an engineer would not solve the problems. He felt that the funds should be used to hire outside engineering firms with one of the projects dropped if necessary. Engineering Director Phillip Henry advised that two engineers have left the County and one has been replaced. He has done a preliminary study of using outside engineering firms and the cost is approximately three times higher than the cost of hiring an engineer. Supervisor Nickens moved to approve the addition of an drainage engineer. The motion was seconded by Supervisor McGraw. Supervisor Johnson offered a substitute motion that the additional engineer not be approved and that the County contract with outside engineering firms. motion died. There was no second and the Supervisor Nickens' original motion was carried by the following recorded vote: AYES: Supervisors Johnson, Robers, McGraw, Nickens, Garrett NAYS: None December 19, 1989 29 ì - L Authorization to acquire riqht of way for road ::::::::J imDrovements to Bushdale Road. A-121989-11 Mr. Henry reported that Bushdale Road has been on the Rural Addition Priority List for upgrade for future state maintenance. Staff has reviewed several alternatives and feels that the most feasible is to provide a relocated alignment of Bushdale Road to intersect at Mayfield Drive. Mr. Henry advised that it was likely that the acquisition for right-of-way will require payment and possibly condemnation. It was recommended that the Board authorize acquisition of right-of-way acquisition for the upgrade of Bushdale Road and to appropriate the funds to proceed. If condemnation is necessary, a request to go forward will come back to the Board. Supervisor Robers expressed concern because this is setting precedent by offering to pay for the right-of-way which was not previously done. Supervisor Nickens pointed out that when Bushdale Road was added to the Rural Addition Priority List in June of 1987, it was expected that eminent domain might be exercised. 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 29 8 December 19, 1989 g. ADDrova~ or Public Private PartnershiD Aqreement with Inqersoll Rand. A-121989-12 Mr. Gubala reported that Ingersoll-Rand is locating their new roof-bolt division on five acres in the Glenvar area. Their location will result in $2,300,000 of improvements and 20 employees. staff is requesting approval to enter into a Public Private Partnership Agreement with Ingersoll Rand to fund the water and sewer utility connection fees. Mr. Gubala stated that the water and sewer connection fees will be $33,763 and costs associated with this request will be repaid in one and one-half years. - Supervisor Johnson moved to transfer $33,763 from the Economic Development Fund to the utility Fund to enter into the Public Private Partnership Agreement with Ingersoll Rand. The motion was seconded by Supervisor Garrett, and carried by the following recorded vote: AYES: Supervisors Johnson, RObers, Garrett NAYS: None ABSTAIN: Supervisors McGraw, Nickens IN RE: FIRST READING OF ORDINANCE ~ Ordinance authorizinq the acquisition of the Bridlewood Water System. the Fallinq Creek Water System and the Cherry Hill Water System from the Droceeds of the 1988 General December 19, 1989 29 9 ~ OD~iqation Bonds. =9 Utility Director Clifford Craig advised that the staff is currently negotiating the purchase of three water systems from Water Distributors, Inc. and Cherry Hill Water Company. staff is requesting approval to purchase the three water systems with funds available from the 1986 bond issue. Supervisor Nickens suggested modifications to the ordinance with #3 regarding the Falling Creek Water System amended so that the Town of Vinton reimburses actual costs to Roanoke County, which will transfer the ownership of the water system to the Town, who will then provide water to the designated areas. Mr. Mahoney advised he felt the ordinance was flexible enough to allow the modifications to the water agreement. Mr. Hodge suggested that prior to the second reading, the County staff work with the Town of Vinton to ensure an understanding of the transaction. Supervisor Nickens 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 IN RE: SECOND READING OF ORDINANCE ~ Ordinance reDealina Ordinance 83-174 and adoDtinq 30 0 December 19, 1989 - a new ordinance requirinq the filing of a disclosure statement of 1== I economic interests and other sDecified information Dursuant to Section 2.1-639.l4 of the Code of Virqinia. 0-121989-13 There was no discussion and no one was present to speak to the ordinance. Supervisor Nickens moved to adopt 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 ORDINANCE 121989-13 REPEALING ORDINANCE 83-174 AND ADOPTING A NEW ORDINANCE REQUIRING THE FILING OF A DISCLOSURE STATEMENT OF ECONOMIC INTERESTS AND OTHER SPECIFIED INFORMATION PURSUANT TO SECTION 2.1-639.l4 OF THE CODE OF VIRGINIA WHEREAS, on September 27 , 1983, the Board of Supervisors of Roanoke County, Virginia, adopted Ordinance No. 83-174 requiring disclosure of personal and financial interests of certain County officers, officials, and employees pursuant to the provisions of the Comprehensive Conflict of Interests Act; and WHEREAS, said Act was repealed by the 1987 Virginia General Assembly which enacted the State and Local Government Conflict of Interests Act; and WHEREAS, this ordinance repeals and reenacts Ordinance December 19, 1989 J 0 1 - No. 83 1,4 ahd CidupLs a new ordinance to conform with the revised ~ State Code; and WHEREAS, the first reading of this ordinance was held on November 28, 1989, and the second reading of this ordinance was held on December 19, 1989. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, that Ordinance No. 83-174 is hereby repealed. Further, a new ordinance requiring the filing of a disclosure statement of economic interests and other specified information pursuant to Section 2.1-639.14 of the Code of Virginia be adopted as follows: 1. That in addition to the members of the Board of Supervisors and the Constitutional Officers of Roanoke County, Virginia, the following persons occupying certain positions of trust appointed by the Board of Supervisors and such other persons employed by the County be, and they hereby are, designated and directed to file as a condition to assuming office or employment or continuing in such position to file a disclosure statement of their personal interests and such other information as is specified on the form set forth in Section 2.1-639.15 of the 1950 Code of Virginia, as amended, and shall thereafter file such a statement annually on or before January 15, to-wit: County Administrator County Attorney Director of Economic Development 2. Nonsalaried citizen members of the following 302 December 19, 1989 boards, commissions, or authoritles shall file, as a condition of p= assuming office, a disclosure form of their personal interests, and such other information as is specified on the form set forth in Section 2.1-639.15:1 of the 1950 Code of Virginia, as amended, and thereafter shall file such form annually on or before January 15: Members of the Roanoke County Industrial Development Authority Members of the Roanoke County Library Board Members of the Roanoke County Planning Commission Members of the Roanoke Regional Airport Commission (appointed by the Board of Supervisors of Roanoke County, Virginia) Members of the Roanoke County Resource Authority 3. In addition to any disclosure required by sub- sections 1 and 2 of this ordinance, members of the Planning Commission, Board of Zoning Appeals, real estate assessors, and the County Administrator shall make annual disclosures of all their interests in real estate located in Roanoke County. This disclosure shall include any business in which such persons own an interest, or from which income is received, if the primary purpose of the business is to own, develop or derive compensation through the sale, exchange or development of real estate in the county. Such disclosure shall be filed as a condition to assuming office or employment, and thereafter shall be filed annually on or before January 15. 4. That the Clerk of the Board of Supervisors shall cause the forms hereinabove mentioned to be distributed no later December 19, 1989 30 3 ===1 ~ than December 10 of each year to each officer or person required to file such a form pursuant to this ordinance or Section 2.1- 639.15 or Section 2.1-639.15:1 of the 1950 Code of Virginia, as amended. Such disclosure forms shall be filed and maintained as public records for five years in the office of the Clerk of the Board of Supervisors of Roanoke County. 5. The effective date of this ordinance shall be January 1, 1990. On motion of Supervisor Nickens, seconded by Supervisor Johnson, and carried by the following recorded vote: AYES: Supervisor Johnson, Robers, McGraw, Nickens, Garrett NAYS: None Â!.. Ordinance rescinding Ordinance No. 102489-5 and acceDtinq an offer for and authorizinq the sale of 5 acres. more or less. in the Glenvar West Portion of Roanoke County (Shamrock Field). 0-l21989-14 Economic Development Specialist Brian Duncan advised that Plantation and Kanter is offering to purchase 5 acres of Shamrock Park at $23,000 per acre for the purpose of constructing a 25,000 square foot manufacturing facility for Ingersoll Rand. The approximate annual tax revenue is $22,730. Supervisor Johnson moved to separate the vote on the appropriation of funds for improvements to Green Hill Park. The motion was seconded by Supervisor Garrett, and carried by the 30 4 December 19, 1989 following recorded vote: '-- >--- 1:== AYES: Supervisors Johnson, Robers, McGraw, Nickens, Garrett NAYS: None Supervisor Johnson moved to authorize the County Administrator to execute the documents for the sale with proceeds allocated to the Capital Facility Account. The motion was seconded by Supervisor Robers, and carried by the following recorded vote: AYES: Supervisors Johnson, Robers, Garrett NAYS: None ABSTAIN: Supervisors McGraw, Nickens Supervisor McGraw moved to appropriate not more than $115,000 from the capital facility account for the improvements to Green Hill Park. The motion was seconded by Supervisor JOhnson, and carried by the following recorded vote: AYES: Supervisors Johnson, RObers, McGraw, Nickens, Garrett NAYS: None ORDINANCE 121989-14 RESCINDING ORDINANCE NO. 102489-5 AND ACCEPT- ING AN OFFER FOR AND AUTHORIZING THE SALE OF 5 ACRES, MORE OR LESS, IN THE GLENVAR WEST PORTION OF ROANOKE COUNTY (SHAMROCK FIELD) BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That pursuant to the provisions of Section 16.01 of the Charter of Roanoke County, the subject property has been December 19, 1989 305 ==¡ == declared to be surplus and is being made available for other public uses, i.e. economic development; and 2. That Ordinance No. 102489-5 accepting an offer for and authorizing the sale of ten (10) acres, more or less, in the Glenvar West portion of Roanoke County (Shamrock Field) and Item 5 of Item K - Consent Agenda - of the November 15, 1989, Board meeting authorizing an appropriation of capital funds for the Green Hill Park improvements are hereby rescinded. 3. That pursuant to the provisions of Section 18.04 of the Charter of Roanoke County, a first reading was held on November 28, 1989; and a second reading was held on December 19, 1989, concerning the sale and disposition of five (5) acres, more or less, in the Glenvar West portion of Roanoke County (Shamrock field); and 4. That offers having been received for said property, the offer of Plantation and Kanter, G. P. for Twenty- three Thousand Dollars ($23,000) per acre to purchase five (5) acres, more or less, for One Hundred Fifteen Thousand Dollars ($115,000) is hereby accepted and all other offers are rejected; and 5. That all proceeds from the sale of this real estate are to be placed in the capital facility account; and 6. 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 said property, all of which shall be upon form approved by the County 30 6 December 19, 1989 Attorney. ¡== === On motion of Supervisor Johnson to approve ordinance without paragraph #4, seconded by Supervisor Robers, and carried by the following recorded vote: AYES: Supervisor Johnson, Robers, Garrett NAYS: None ABSTAIN: Supervisors McGraw, Nickens On motion of Supervisor McGraw to approve staff recommendation paragraph #4, seconded by Supervisor JOhnson, and carried by the following recorded vote: AYES: Supervisor Johnson, Robers, MCGraw, Nickens, Garrett NAYS: None IN RE; REQUESTS FOR PUBLIC HEARING AND FIRST READING FOR REZONING ORDINANCE - CONSENT AGENDA Supervisor Garrett moved to approve first reading of the ordinances and to set the public hearings for January 23, 1990. The motion was seconded by Supervisor Robers, and carried by the following recorded vote: AYES: Supervisors Johnson, Robers, McGraw, Nickens, Garrett NAYS: None 1. Petition of Roanoke County Board of Supervisors to amend the Future Land Use Plan designation of approximately 105 acres fro. Development to December 19, 1989 30 7 ===1 = Principal Industrial and to rezone from R-E to M-l for industrial located between Routes 11/460 and Hollins Magisterial District. 2. Petition of Fralin & Waldron, Inc. to amend proffered conditions on approximately 3.9 acres to construct an office park in accordance with a concept plan dated March 28, 1988, located at the north side of Route 419 at the intersection of Chaparral Drive, Cave Spring Magisterial District. said property development, Carson Road, 3. Petition of Aerospace Research Corporation to rezone approximately 29 acres from M-2 to develop a subdivision, located off of Route 939 (Aerospace Road), Vinton Magisterial District. 4. Petition of Brambleton Storage Corporation to amend the proffered conditions on a 1.Ol acre tract in accordance with a concept plan dated November 10, 1989, and to conditionally rezone a 1.016 acre tract from B-2 to M-1 to construct mini-warehouses, located generally behind 3707 and 3655 Bramb1eton Avenue, Windsor Hills Magisterial District. 5. Petition of Professional Services Industries Inc. to conditionally rezone a .68 acre tract from B-2 to M-1 to permit storage and fabrication of metal products, located at 4920 Cove Road, Catawba Magisterial District. IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS SUPERVISOR JOHNSON: Announced that he and Supervisor Nickens attended a ceremony where the School Board renamed the Hardy Road School to W. E. Cundiff School. SUPERVISOR MCGRAW: Advised that the Grayson Commission will have its final meeting before January 5, 1990. SUPERVISOR GARRETT: Congratulated the Salem School Board on implementing the new Baccalaureate and International Studies Program. 308 December 19, 1989 t== = IN RE: CONSENT AGENDA R-121989-15 Supervisor McGraw requested a separate vote on Item 2. Supervisor Nickens moved to approve the Consent Agenda with Item 2 removed. The motion was seconded by Supervisor McGraw, and carried by the following recorded vote: AYES: Supervisors Johnson, RObers, McGraw, Nickens, Garrett NAYS: None Supervisor Johnson moved to approve Item 2. The motion was seconded by Supervisor Nickens, and carried by the following recorded vote: AYES: Supervisors Johnson, RObers, Nickens, Garrett NAYS: None ABSTAIN: Supervisor McGraw RESOLUTION NO. 121989-15.APPROVING IN CERTAIN ITEMS SET FORTH ON SUPERVISORS AGENDA FOR THIS DATE ITEM L -CONSENT AGENDA AND CONCURRING THE BOARD OF DESIGNATED AS BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That certain section of the agenda of the Board of Supervisors for December 19, 1989, 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 9, inclusive, as follows: December 19, 1989 30 9 -----: 1. Approval of Minutes - May 9, 1989. 2. Request for approval of Raffle Permi t - Loyal Order of Moose Lodge No. 284. 3. Confirmation of Committee appointment - Industrial Development Authority. 4. Acceptance of Water and Sanitary Sewer facilities serving, Williamsburg Court and Nichols Estates, Section #4. 5. Request for acceptance of Legate Drive and Deputy Drive into the Virginia Department of Transportation Secondary System 6. Donation of storm drainage and sanitary sewer easement from Fralin & Waldron Inc., J. Henry Powers, Calvin W. Powers and P&W Partnership. 7. Donation of a water line easement from Insulation Systems Inc. of Virginia. 8. Donation of a drainage easement from James S. Payne. 9. Donation of a drainage easement from Barry J. st. John and Diane st. John. 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 Nickens to approve with Item 2 removed, seconded by Supervisor McGraw, and carried by the following recorded vote: AYES: Supervisor Johnson, RObers, McGraw, Nickens, Garrett NAYS: None On motion of Supervisor Johnson to approve Item L-2, seconded by Supervisor Nickens, and carried by the following 31 0 December 19, 1989 recorded vote: r-- I AYES: Supervisor JOhnson, Robers, Nickens, Garrett NAYS; None ABSTAIN: Supervisor McGraw RESOLUTION 121898-15.d REQUESTING ACCEPTANCE OF LEGATE DRIVE AND DEPUTY DRIVE 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 Legate Drive and Deputy Drive 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 road have heretofore been dedicated by virtue of a certain map known as Montclair Estates, Section 8, which map was recorded in Plat Book 10, Page 17, of the records of the Clerk's Office of the Circuit Court of Roanoke County, Virginia, on July 17, 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 Legate Drive and Deputy December 19, 1989 31 1 - Drive 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 acceptance of said street or highway by the Virginia Department of Transportation. On motion of Supervisor Nickens, seconded by Supervisor McGraw, and carried by the following recorded vote: AYES: Supervisor Johnson, Robers, McGraw, Nickens, Garrett NAYS: None IN RE: CITIZENS I COMMENTS AND COMMUNICATIONS 1. Ron Hudnell, representing the Bridlewood Homeowners Association, presented a resolution from the association asking that Roanoke County purchase the water system that provides water to their subdivision. utility Director Clifford Craig updated the board on progress in purchasing private water systems. IN RE: REPORTS Following discussion on several items, Supervisor Nickens moved to receive and file the following reports. The motion was seconded by Supervisor JOhnson, and carried by a unanimous voice vote: 1. Valley Metro Routes in Roanoke County. 2. Economic Development Road construction. 312 December 19, 1989 Supervisor Johnson asked the County Administrator to incorporate the duties of a road engineer into the job description for the new drainage engineer. 3. Accounts Paid - October, 1989 4. Accounts Paid - November, 1989. 5. 1== 6. Income and Expenses for the four months ending October 31, 1989. Capital Fund Unappropriated Balance. General Fund Unappropriated Balance. 7. 8. Board Contingency Fund. 9. citizen Survey on Services. Supervisor McGraw asked for discussion on this issue at a future meeting. IN RE: BOARD OF SUPERVISORS RETREAT Supervisor McGraw requested that the Board Retreat be held locally without a facilitator, rather than going out of town for several days. Chairman Garrett suggested that each board member give to the County Administrator his preferences for the retreat. IN RE: EXECUTIVE SESSION At 5: 15 p. m., Supervisor Garrett moved to go into Executive Session pursuant to the Code of Virginia 2.1-344 (a) (1) for personnel evaluation of staff. The motion was seconded by Supervisor McGraw, and carried by the following recorded vote: AYES: Supervisors Johnson, RObers, McGraw, Nickens, Garrett NAYS: None December 19, 1989 313 --, = IN RE: CERTIFICATION OF EXECUTIVE SESSION R-121989-16 At 5: 40 p.m., Supervisor Garrett moved to return to Open Session and certify the Executive Session. The motion was seconded by Supervisor Robers, and carried by the following recorded vote: AYES: Supervisors Johnson, Robers, McGraw, Nickens, Garrett NAYS: None RESOLUTION 121989-16 CERTIFYING EXECUTIVE MEETING WAS HELD IN CONFORMITY WITH THE CODE OF VIRGINIA WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened an executive meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of The Virginia Freedom of Information Act: and WHEREAS, Section 2.1-344.1 of the Code of Virginia requires a certification by the Board of Supervisors of Roanoke County, Virginia that such executive meeting was conducted in conformity with Virginia Law. NOW, THEREFORE BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia hereby certifies that, to the best of each members knowledge: 1. Only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the executive meeting which this certification resolution applies, 314 December 19, 1989 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 Garrett, seconded by Supervisor Robers, and upon the following recorded vote: AYES: Supervisors Johnson, RObers, McGraw, Nickens, Garrett NAYS: None IN RE: RECESS At 5:41 p.m., Chairman Garrett declared a dinner recess. EVENING SESSION (7:10 P.M.) IN RE: PUBLIC HEARING ON CHARTER 1289-1 Public Hearing so that the citizens of the County of Roanoke shall have an opportuni ty to comment upon the City of Roanoke and the County of Roanoke's request that the 1990 General Assembly grant the Roanoke Metropolitan Government a charter as follows: Incorporation; Powers; Governing Body; Metropo1i tan Manager; Constitutional Officers; Personnel Rules and Regulations; Administration; Department of Law; Department of Finance; Other Appointed Officers; Planning and Zoning; Department of Public Heal th; Department of Social Services; Department of Education; Financial Administration; Budget; Borrowing; December 19, 1989 31 5 ==; Intergovernmental Relationships: Power of Eminent Domain: Ordinances: and Miscellaneous - R-121989-17 Supervisor Johnson, a member of the Consolidating Negotiations Committee, reviewed the activities of the past year, advising the negotiations continued up to the current time. The agreement must be certified to the Circuit Court by May 28, 1990. Chairman Garrett expressed appreciation to Supervisor Johnson for his work and dedication in formulating the charter and agreement. County Attorney Paul Mahoney reported that any charter must be presented to the General Assembly on the first day of the session. The purpose of the charter was to incorporate the Roanoke Metropolitan Government, the powers provided, the composition of the governing body and the officials of the proposed government. Mr. Mahoney described some of the specific chapters of the charter. He also reviewed several changes that have recently been made. In response to a question from Supervisor McGraw, Mr. Mahoney advised that there will be more appointed officials under the RMG charter than currently exists under the Roanoke County Charter. Supervisor Nickens asked that the changes be incorporated into the proposed charter and new copies be available to the public. Mr. Mahoney advised that Roanoke City will vote on the charter on December 26, 1989. In response to a question from Supervisor McGraw, he advised that if Roanoke ci ty recommends 31 6 December 19, 1989 >== changes the 1:Soara Of Supervisors may call a special meeting to - consider these changes. Supervisor McGraw stated he had several concerns. One dealt with the number of officials appointed by the governing body, which he felt was not necessary. Supervisor McGraw moved to approve the charter amended that governing body appoint only the Chief Executive Officer, County Attorney and Internal AUditor, with other officials appointed by the Chief Executive Officer. Supervisor Johnson explained that Roanoke City was firm on the number of officials appointed by the governing body and this change could open the charter to other changes. The motion was seconded by Supervisor Nickens, and defeated by the following recorded vote: AYES: Supervisors MCGraw, Nickens NAYS: Supervisors JOhnson, RObers, Garrett Supervisor McGraw also felt that annexation should be prohibited in the new charter because of the impact to the surrounding localities. Supervisor Johnson felt that the power to annex will be removed in the General Assembly. Mr. Hodge asked how difficult it would be to change the agreement. Mr. Mahoney advised that the Commission on Local Government would review changes and the three-judge panel would rule on the changes. The ruling would be as binding as state statutes. Supervisor McGraw moved to incorporate language that December 19, 1989 317 ~ Roanoke Metropolitan Government will be prohibited from annexing terr i tory in surrounding counties. The motion was seconded by Supervisor Nickens, and carried by the following recorded vote: AYES: Supervisors McGraw, Nickens NAYS: Supervisor JOhnson, RObers, Garrett Supervisor Johnson advised that the negotiators fought hard to promote these issues but were not able to come to a successful conclusion. Supervisor Robers moved to approve the charter incorporating the changes outlined by Mr. Mahoney. The motion was seconded by Supervisor McGraw, and carried by the following recorded vote: AYES: Supervisors Johnson, Robers, McGraw, Nickens, Garrett NAYS: None RESOLUTION R-121989-17 REQUESTING THE GENERAL ASSEMBLY FOR THE COMMONWEALTH OF VIRGINIA TO GRANT A GOVERNMENTAL CHARTER FOR THE ROANOKE METROPOLITAN GOVERNMENT WHEREAS, Article VII, Section 2 of the Constitutional of Virginia, and Chapter 17 of Title 15.1 of the Code of Virginia authorizes the General Assembly to grant a governmental charter for the Roanoke Metropolitan Government; and WHEREAS, the County of Roanoke and the City of Roanoke intend to effectuate a consolidation of their respective governments into a regional government, which is a unit of general government, identified as the Roanoke Metropolitan Government; and 31 8 December 19, 1989 --- WHEREAS, Roanoke County has complied with the - provisions of Section 15.1-835 of the Code of Virginia, and has held public hearing on December 19, 1989, after due legal notice, at which the citizens had the opportunity to be heard concerning this proposed charter. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, that the General Assembly for the Commonwealth of Virginia is hereby requested to grant a charter for the Roanoke Metropolitan Government, a unit of general government deemed a regional government. This charter for the Roanoke Metropolitan Government is attached hereto and incorporated herein by reference for sUbmission as a bill for consideration by the General Assembly of Virginia. On motion of Supervisor Robers to approve charter incorporating changes and corrections as presented, seconded by Supervisor McGraw, and carried by the following recorded vote: AYES: Supervisor Johnson, Robers, McGraw, Nickens, Garrett NAYS: None IN RE: PUBLIC HEARINGS AND SECOND READING OF ORDINANCES 1289-2 An ordinance to change the zoning classification of approximately 35 acres of real estate generally located south of I-81 and west of Plantation Road in the Hollins Magisterial District from R-1 to M-1 for mixed-use development with conditions upon the application of the Board of Supervisors of Roanoke County, Virginia. (WITHDRAWN BY PETITIONER) December 19, 1989 31 9 ~ This rezoning request was withdrawn by the petitioner. 1289-3 An ordinance to amend the Future Land Use Map desiqnation of a 24.09 acre tract generally located south of Buck Mountain Road and east of the Blue Ridge Parkway, in the Cave Spring Magisterial District, from Rural Village to Principal Industrial, and to rezone said property from M-2 to M-3, with conditions upon the request of the Virginia Asphal t Paving Company. (DEFERRED BY THE PLANNING COMMISSION ON DECEMBER 5, 1989.) This rezoning request was deferred by the Planning Commission after it was advertised and was continued to January 23, 1990. 1289-4 An ordinance to rezone approximately 4.47 acres from R-3 to B-1 to construct an office park, located at the southwest corner of Cresthill Drive and Garst Mill Road, in the Windsor Hills Magisterial District, upon the request of Nolan Jackson. (DEFERRED BY THE PLANNING COMMISSION ON DECEMBER 5, 1989.) This rezoning request was deferred by the Planning Commission after it was advertised and was continued to January 23, 1990. 1289-5 An ordinance to amend the Future Land Use Plan map desiqnation of approximately 54 acres located west of Hollins Road and south of Lois Lane in the Hollins Magisterial District from Development to Principal Industrial and to change the zoning classification from R-1 to M-1 for industrial development purposes with conditions upon the application of the Board of Supervisors of Roanoke County, Virginia (CONTINUED FOR SIXTY DAYS AT REQUEST OF PETITIONER.) This rezoning request was continued to February 27, 32 0 December 19, 1989 - 1990 at the requesting of the petitioner after it was advertised. - 1289-6 An ordinance to rezone approximately 3.13 acres from R-1 to R-E with conditions, located at 6044 Cove Road, in the Catawba Magisterial District, upon the request of James and Charlotte Moore. 0-121989-18 report. Planning Director Terry Harrington presented the staff He advised there was no opposition and the Planning Commission recommended approval. There was no discussion Supervisor McGraw moved to approve the rezoning. The motion was seconded by Supervisor Robers, and carried by the following recorded vote: AYES: Supervisors Johnson, Robers, McGraw, Nickens, Garrett NAYS: None ORDINANCE 121989-18 TO CHANGE THE ZONING CLASSIFICATION OF A 3.13 ACRE TRACT OF REAL ESTATE LOCATED AT 6044 COVE ROAD IN THE CATAWBA MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF Rl TO THE ZONING CLASSIFICATION OF RE WITH CONDITIONS UPON THE APPLICATION OF JAMES AND CHARLOTTE MOORE WHEREAS, the first reading of this ordinance was held on November 28, 1989, and the second reading and public hearing was held on December 19, 1989; and, WHEREAS, the Roanoke County Planning Commission held a pUblic hearing on this matter on December 5, 1989; and, WHEREAS, legal notice and advertisement has been December 19, 1989 ;J 2 1 = 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 3.13 acres, as described herein, and located at 6044 Cove Road, Roanoke County, Virginia, (Tax Map Number 36.11-2-35) in the Catawba Magisterial District, is hereby changed from the zoning classification of R1, Single Family Residential District, to the zoning classification of RE, Residential Estate District. 2. That this action is taken upon the application of James and Charlotte Moore. 3. That the applicant has voluntarily proffered in writing the following condition which the Board of Supervisors hereby accepts: (1) The property is being rezoned to allow a maximum of two horses to be kept for personal use; this being the only use permitted in the request for rezoning of the property, restricting all other uses permitted under RE, Residential Estate District. 4. That said real estate is more fully described as follows: BEGINNING at a point on Cove Road, corner to the property of Elmer and Anna Boone Divers, as shown in Deed Book 341, at page 363, in the Clerk's Office of the circuit Court of Roanoke County, Virginia; thence, with Cove Road S. 340 30' 32 2 December 19, 1989 - 00" E. i65.l1 feet to a found iron, corner to the property of Jack G. Garst, as shown in Deed Book 948, at page 235 in the aforesaid Clerk's Office; thence S. 550 29' 15" W. 807.12 feet to a found iron, said point being the southwest corner of the property herein conveyed; thence N. 040 24' 10" W. 224.36 feet to a found iron, said point being the northwesterly corner of the property herein conveyed; thence proceeding N. 570 52' 35" E. 695.21 feet to the point of BEGINNING, containing 3.115 acres, more or less, as shown by survey made for James Alan Moore and Charlotte Scott Moore by Kenneth E. Carlton, C.L.S., dated June 4, 1986. 5. That the effective date of this ordinance shall be = December 19, 1989. On motion of Supervisor McGraw, seconded by Supervisor RObers, and carried by the following recorded vote: AYES: Supervisor Johnson, Robers, McGraw, Nickens, Garrett NAYS: None 1289-7 Ordinance amending Chapter 8, "Erosion and Sediment Control", of the Roanoke County Code by amending Section 8-11 (a), "Control Measures Generally" to provide for the adoption of stormwater management criteria; and Resolution adopting a new section of the Design and Construction standards Manual entitled "stor.water Management criteria." (CONTINUED FROM OCTOBER 24, 1989 AND NOVEMBER 28, 1989) Mr. Hodge advised that when this issue was previously brought before the board the current ordinance contained a two- year storm and two-year detention with the proposed ordinance December 19, 1989 323 ~ calling for expansion to 10 and 2 year. staff is also working - with the Fifth Planning District Commission regarding a regional approach to detention. Staff is recommending a 10/2 detention at this time, continuing work with the Fifth PDC, no establishment of an appeal process, and discussion during the budget process to allocate funds for the County to assume responsibility for detention facilities. The following citizens spoke regarding this issue: 1. Buster Hedick, 4338 Buck Mountain Road, asked who was responsible for detention once the facility was installed. Mr. Hodge responded that developer provided the detention facility but it then became the responsibility of the homeowners association or owner. Mr. Hedrick suggested using the revenue generated from personal property tax for maintenance and improvement of drainage. 2. Alfred Powell, 3440 Franklin street spoke in opposition to the proposed changes. Supervisor Johnson advised he felt the detention facilities should be stricter and recommended a 50/10 facility. Supervisor Garrett moved to approve the ordinance. There was no second and the motion died. Following discussion, Supervisor Johnson moved to continue the item to January 23, 1990 to allow staff to work with the home developers. The motion was seconded by Supervisor McGraw. 32 4 December 19, 1989 '--- Supervisor Nickens requested when the issue is brought back that it include a bond that would allow sufficient funds to ~ be set aside to cover the cost of detention facilities. Supervisor Johnson also requested example case studies of various size developments and the impact of various size detention facilities. Supervisor Johnson's motion carried by the following recorded vote: AYES: Supervisors JOhnson, RObers, MCGraw, Nickens, Garrett NAYS: None 1289-8 An ordinance to change the zoning classification of approximately 11.8 acres of real estate located at the end of Benois Road in the Cave Spring Magisterial District from R-l to M-1 for industrial development with conditions upon the application of the Board of Supervisors of Roanoke County, Virginia. (CONTINUED FROM NOVEMBER 28, 1989) 0-121989-19 Mr. Harrington presented the staff report advising that the main concern voiced at the November 28th meeting was the reduction of the buffer to 50 feet. staff has met with the neighborhood and two additional proffers have been added including the 100 foot buffer. Dale Collins, 3514 Meadowlark Road, asked if the conditions are now like those recommended originally by the Planning Commission. Mr. Harrington responded that the proffers are the same plus the hours have been restricted. Mr. Harrington December 19, 1989 32 5 ===i reviewed the conditions. Supervisor Robers moved to approve the rezoning 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 ORDINANCE 121989-19 TO CHANGE THE ZONING CLASSIFICATION OF 11.848 ACRES OF REAL ESTATE LOCATED AT THE END OF BENOIS ROAD IN THE CAVE SPRING MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF R1 TO THE ZONING CLASSIFICATION OF M1 FOR INDUSTRIAL DEVELOPMENT WITH CONDITIONS UPON THE APPLICATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA WHEREAS, by Resolution 91289-4 the Board of Supervisors of Roanoke County, Virginia, initiated amendments to the Comprehensive Plan and to the classifications of certain real estate located in Roanoke County to serve the public purposes of the County as required by public necessity, convenience, general welfare, and good zoning practice in order to implement the recommendations of the Economic Development Action Plan for FY 1989-90; and WHEREAS, the first reading of this ordinance was held on October 24, 1989, and the second reading and public hearing was held on December 19, 1989; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on November 9, 1989; and, WHEREAS, legal notice and advertisement has been 32 6 December 19, 1989 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 11.848 acres, as described herein, owned by Atlantic Concrete and located at the end of Benois Road in the Cave Spring Magisterial District, is hereby changed from the zoning classification of R-l, Single-family Residential District, to the zoning classification of M1, Light Industrial District. 2. That the Board initiated the application to change the zoning classification of this real estate located in Roanoke County to serve the public purposes of the County as required by pUblic necessity, convenience, general welfare, and good zoning practice to implement the recommendations of the Economic Development Action Plan for FY 1989-90. 3. That said real estate is more fully described as follows: Beginning at a point designated NO.1, being the northwesterly corner of an 11.848-acre tract herein-described, said point being corner to the property of the Board of Supervisors of Roanoke County, Virginia, and on the line of Lot 6, Block G, Section 3, Penn Forest; thence leaving said Point of Beginning and following a line between Section 3, Penn Forest, and the property herein-described, N. 360 51' E. 1326.2 feet to Point NO.2; thence continuing with Penn Forest, Section 5, and the property herein- described, N. 340 00' E. 195.00 feet to Point No.3; thence continuing with Section 5, Penn Forest, N. 380 25' E. 467.1 feet to Point No. 4, corner to the property of Harold E. Rose, et al.; thence with the Rose property and the December 19, 1989 327 ~ property herein-described, S. 670 11' E. 110 feet to Point No.5; thence following the zoning line between R-1 and M-2, property of Atlantic Concrete, S. 190 44' 07" W. 367.26 feet to Point No.6; thence continuing with said zoning line, S. 210 l7' W. 135.00 feet to Point No.7; thence S. 350 11' 04" W. 1554.74 feet to Point No. 8 on the line of the property of the Board of Supervisors of Roanoke County, Virginia; thence with the Board of Supervisors propertó and the property herein-described, N. 49 13' W. 300 feet to the Point of Beginning and being a parcel of land containing 11.848 acres, being zoned R-1 and being as shown on zoning plat for A. V. Criss Sr. Trust by T. P. Parker & son, Engineers and Surveyors dated October 25, 1989. 4. That Atlantic Concrete, as owner of this real estate, has voluntarily proffered in writing the following conditions which the Board of Supervisors hereby accepts: for: (1) The property will not include permitted uses (a) Automobile painting, upholstering, repairing, rebuilding, reconditioning, body and fender work, truck repa ir ing or overhauling; (b) Manufacturing of pottery and figurines or other similar ceramic products; (c) Veterinary hospital and commercial kennels with exterior runs and yards; (d) Flea Markets, unless a special exception has been granted by the Board of Supervisors; and (e) Seed and feed stores. (2) A minimum 100 foot buffer yard along the western property boundaries to be otherwise administered in 32 8 December 19, 1989 conformance with Section 21-92 of the Zoning Ordinance; that existing vegetation be retained within the 100 foot buffer yard, and supplemented where necessary in order to maintain the existing screening of this site from adjoining residences. -- ~ I:==: , (3) Sound levels shall not exceed 60 dba when measured at adjoining residences. (4) Hours of operation shall be limited from 6:00 a.m. to 11:00 p.m. on this property. 5. That the effective date of this ordinance shall be December 19, 1989. On motion of Supervisor RObers, seconded by Supervisor McGraw, and carried by the following recorded vote: AYES: Supervisor Johnson, Robers, McGraw, Nickens, Garrett NAYS: None 1289-9 An ordinance to change the zoning classification of approximately 125 acres of real estate located south of Routes 11 and 460, south and west of Barley Drive and the N&W railway in the Catawba Magisterial District from A-nm to M-1 for industrial development with conditions upon the application of the Board of Supervisors of Roanoke County, Virginia. (CONTINUED FROM NOVEMBER 28, 1989) 0-121989-20 Mr. Harrington presented the staff report, advising that the significant impact factors included no knowledge of the use of the property, and lack of a concept plan. Proffered conditions address some of the concerns and the Planning December 19, 1989 32 9 ----, Commission recommended approval. In response to a question from Supervisor McGraw regarding sewer expansion, Economic Development Director Tim Gubala advised that the sewer expansion is planned for the future when the property is developed. Supervisor McGraw moved to approve the rezoning with conditions. The motion was seconded by Supervisor Robers, and carried by the following recorded vote: AYES: Supervisors Johnson, Robers, McGraw, Nickens, Garrett NAYS: None ORDINANCE 121989-20 TO CHANGE THE ZONING CLASSIFICATION OF APPROXIMATELY 125 ACRES OF REAL ESTATE LOCATED SOUTH OF ROUTES 11 AND 460, SOUTH AND WEST OF BARLEY DRIVE AND THE N&W RAILWAY IN THE CATAWBA MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION A-lMH TO M-1 FOR INDUSTRIAL DEVELOPMENT WITH CONDITIONS UPON THE APPLICATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA. WHEREAS, by Resolution 91289-4 the Board of Supervisors of Roanoke County, Virginia, initiated amendments to the Comprehensive Plan and to the classifications of certain real estate located in Roanoke County to serve the public purposes of the County as required by public necessity, convenience, general welfare, and good zoning practice to implement the recommendations of the Economic Development Action Plan for FY 1989-90; and 33 0 December 19, 1989 - WHEREAS, the first reading of this ordinance was held on October 24, 1989, and the second reading and public hearing , ;::== was held on December 19, 1989; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on November 9, 1989; 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 approximately 125 acres, as described herein, owned by Salem West Corporation and located south of Routes 11 and 460, south and west of Barley Drive and the N&W Railway in the Catawba Magisterial District, is hereby changed from the zoning classification A-lMH, Agricultural Manufacturerd Housing District, to the zoning classification of M-1, Light Industrial District, for industrial development. 2. That the Board initiated the application to change the zoning classification of this real estate located in Roanoke County to serve the pUblic purposes of the County as required by public necessity, convenience, general welfare, and good zoning practice to implement the recommendations of the Economic Development Action Plan for FY 1989-90. 3. That said real estate is more fully described as follows: Beginning at Corner 23, an iron pin located December 19, 1989 331:= --, --J ---, l.n an old fence line and being the common corner with the south line of a 50 foot right-of-way and also, being a common corner wi th Daniel Wentworth Richards; thence with the south line of said right-of-way in an easterly direction N. 860 39' 49" E. 951.31 feet in all to corner 24, an iron pin; thence continuing with the east line in a northerly line N. 100 51' 17" W. 837.94 feet to corner 25, an iron pin; thence leaving said 50 foot right-of-way and with property of Daniel Wentworth Richards, deceased (Deed Book 869, page 171); thence in an easterly direction 74 36' 05" E. 1,493.81 feet to corner 26, an iron pin; thence N. 300 25' 23" 206.00 feet; thence N. 170 20' 23" E. 263.00 feet; thence S. 100 55' 57" E. 2,192.42 feet (along zoning line) bearing left of corner 16 and an iron pin; thence continuing in a westerly direction S. 130 45' 07" W. 1,192.90 feet to corner 17; thence to 18 (maple snag) N. 690 45' 04" W.; thence N. 760 46' 26" W. 1,226.95 feet passing through a gum tree; thence N. 830 29' 15" W. 1,52.54 feet to corner 20 and existing iron pin; thence N. 30 16' 13" W. to corner 21 and existing iron pin; thence N. 880 55' 47' E. 433.61 feet to corner 22 and white oak tree at spring; thence N. 70 14' 53" W. 629.52 feet to the place of beginning. 3. That Salem-West Corporation, as owner of this real estate, has voluntarily proffered in writing the following conditions which the Board of Supervisors hereby accepts: (1) The following uses shall be excluded from any development at this site: (c) Automobile painting, upholstering, repairing, rebuilding, reconditioning, body and fender work, truck repa ir ing or overhauling; Manufacturing of pottery and figurines or other similar ceramic products; Veterinary hospital and commercial kennels with exterior runs and yards; (a) (b) 332 December 19, 1989 (d) Flea Markets, unless a special exception has been granted by the Board of Supervisors; and (e) Seed and feed stores. (2) No industrial access shall be acquired from Yale Drive. 4. That the effective date of this ordinance shall be þ Decmeber 19, 1989. On motion of Supervisor McGraw, seconded by Supervisor Robers, and carried by the following recorded vote: AYES: Supervisor Johnson, Robers, McGraw, Nickens, Garrett NAYS: None 1289-10 An ordinance to rezone approximately 19 acres from A-I to X-I said acreage comprised of a 6. 6 acre tract located south of the terminus of Friendship Lane, and an 11.3 acre tract adj acent to the northeast boundary of ITT and approximately 75 feet northeast from the end of Lila Drive located in the Hollins Magisterial District, upon the request of the Roanoke County Board of Supervisors, Virginia. 0-121989-21 Mr. Harrington presented the staff report. Significant impact factors also concerned the lack of a concept plan. There are five proffered conditions to address concerns and the Planning Commission recommended approval. Supervisor Nickens moved to approve the rezoning with Condition #4 regarding signage on the ordinance deleted because this issue will be addressed in the sign ordinance. Mr. Mahoney advised that the Board may choose not to accept proffered conditions if they desire, but may not add new conditions. December 19, 1989 333 = ===i The motion was seconded by Supervisor McGraw, and carried by the following recorded vote: AYES: Supervisors Robers, McGraw, Nickens, Garrett NAYS: None ABSTAIN: Supervisor Johnson ORDINANCE l2l989-21 TO CHANGE THE ZONING CLASSIFICATION OF AP- PROXIMATELY 1.9 ACRES OF REAL ESTATE LOCATED IN THE HOLLINS MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFI- CATION OF A1 TO THE ZONING CLASSIFICATION OF M1. FOR INDUSTRIAL DEVELOPMENT WITH CONDITIONS UPON THE APPLICATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIR- GINIA WHEREAS, by Resolution 91289-4 the Board of Supervisors of Roanoke County, Virginia, initiated amendments to the Comprehensive Plan and to the classifications of certain real estate located in Roanoke County to serve the public purposes of the County as required by public necessity, convenience, general welfare, and good zoning practice in order to implement the recommendations of the Economic Development Action Plan for FY 1989-90; and WHEREAS, the first reading of this ordinance was held on November 28, 1989, and the second reading and public hearing was held on December 19, 1989; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on December 5, 1989; and, WHEREAS, legal notice and advertisement has been 334 December 19, 1989 prov~ded as requ~red by law. BE IT ORDAINED by the Board of Supervisors of Roanoke ¡::= I=;: County, Virginia, as follows: 1. That the zoning classification of a certain tract of real estate containing approximately 19 acres--a 6.6 acre tract located south of the terminus of Friendship Lane and an 11.3 acre tract adjacent to the northeast boundary of ITT and approximately 75 feet northeast from the end of Lila Drive, both tracts as described herein, owned by Raymond B. and Hazel H. Huffman and located in the Hollins Magisterial District, is hereby changed from the zoning classification of A1, Agricultural District, to the zoning classification of M1, Light Industrial District. 2. That the Board initiated the application to change the zoning classification of this real estate located in Roanoke County to serve the pUblic purposes of the County as required by public necessity, convenience, general welfare, and good zoning practice to implement the recommendations of the Economic Development Action Plan for FY 1989-90. 3. That said real estate is more fully described as follows: Beginning at an iron pin on the south side of Lila Drive (Virginia Route 5018) 973.5' east of Plantation Road (Virginia Route l15); thence with the south side of Lila Drive N. 710 43' 12" E. 51.07' to a point; thence leaving Lila Drive through the property of Raymond B. and Hazel H. Huffman the following courses: S. 30000' 34" E. 242.03' to a point· N. 620 46' 20" E. 326.72' to a point; N. 77b 32' 12" E. 130.14' to a point in the center of an existing 20' right-of-way; December 19, 1989 33 ~ = ----' ---¡ thence along the centerline of said 20' right-of-way the following courses: S. 330 47' 29" E. 33.56' to a point; s. 470 32' 39" E. 39.68' to a point; S. 25032' 39" E. 41.05' to a point; thence with the west line of John H. and Cynthia H. Huffman S. 250 32' 39" E. 451.76' to a point; thence through the property of Raymond B. and Hazel H. Huffman S. 280 19' 29" E. 467.66' to an iron pin; thence with said Huffman and the north line of Rajesh R. Desai the following courses: S. 790 27' 31" W. 436.40' to an iron pin; S. 640 07' 31" W. 51.16' to an iron pin; thence with said Huffman and the east line of Dairymen, Inc. and International Telephone and Telegraph Corporation N. 300 00' 34" W., a total distance of 1188.46' passing an iron pin at 489.77' to the point of beginning and containing 11.349 acres as shown on plat by Balzer & Associates Inc. for Raymond B. and Hazel H. Huffman, dated October 26, 1989. and Beginning at an iron pin on the south side of Friendship Lane (Virginia Secondary Route 1895) 1400'± east of Plantation Road (Virginia Route 115); thence with the south side of Friendship Lane N. 490 34' 24" E. 242.55' to a point; thence leaving Friendship Lane and with the south line of Danny R. Myers N. 610 02' lO" E. 98.84' to a point in the center of Carvin's Creek; thence with the centerline of Carvin's Creek the following courses: S. 38042' 10" E. 258.18' to a point· S. 250 32' 43" E. 202.90' to a point· S. 01b 28' 04" E. 30.29' to a point; S. 326 09' 10" E. 324.71' to a point; thence leaving Carvin's Creek a line through the property of Raymond B. and Hazel H. Huffman S. 610 00' 55" W. 371.93' to an iron pin; thence with said Huffman and the east line of AMP, Incorporated N. 280 59' 05" W. 760.00' to the point of beginning and containing 6.626 acres as shown on plat by Balzer & Associates, Inc. for Raymond B. and Hazel H. Huffman, dated October 25, 1989. 4. That Raymond B. Huffman and Hazel H. Huffman, as owners of this real estate, have voluntarily proffered in writing 33 6 December 19, 1989 - the following conditions which the Board of Supervisors hereby "--- r- accepts: for: (1) The property will not include permitted uses (a) Automobile painting, upholstering, repairing, rebuilding, reconditioning, body and fender work, truck repairing or overhauling; (b) Seed and feed stores; (c) Veterinary hospital and commercial kennels with exterior runs and yards; and (d) Commercial laundry and dry cleaning plants; (e) Flea markets - inside a structure only - provided a special exception has been granted by the Board of Supervisors of Roanoke County, Virginia. (2) Ensure Type E screening and buffering along those boundaries which abut residential uses. (3) Sound levels shall not exceed 60 dba when measured at adjoining residences. (4) Signage en eaoh inàuctrial lot not to exoeed 1. 5 aquare feet per one foot of linear road frontage or 300 aquare feet per cite. (5) No outside, nighttime uses after 11 p.m. will be allowed in the M1 District. 5. That the effective date of this ordinance shall be December 19, 1989. On motion of Supervisor Nickens with Proffer #4 December 19, 1989 33 7 ~ deleted, seconded by Supervisor McGraw, and carried by the following recorded vote: AYES: Supervisor Robers, McGraw, Nickens, Garrett NAYS: None ABSTAIN: Supervisor Johnson IN RE: LEGISLATION IN THE GENERAL ASSEMBLY AND ITS EFFECTS ON THE TOWN OF VINTON Supervisor Nickens advised that there are a number of citizens in one subdivision who have expressed interest in affiliating with the Town of vinton at this time, regardless of the outcome of the consolidation vote. He felt that the Town of Vinton and County of Roanoke should be able to continue dialogue concerning boundary adjustment after January 1, 1990 without regard to the Grayson Commission legislation. Supervisor Nickens moved that notwithstanding proposed legislation which may be adopted by the 1990 session of the Virginia General Assembly pursuant to he recommendations of the Commission on Local Government structures and relationships, any further negotiations between Roanoke County and the Town of Vinton concerning a boundary line relocation or change by agreement between the localities shall not be precluded or otherwise limited. The motion was seconded by Supervisor McGraw. In response to a question from Supervisor Johnson, Supervisor Nickens advised this was a good faith effort and not a '3'3 8 December 19, 1989 legal document. The motion carried by the following recorded F vote: AYES: Supervisors Johnson, Robers, McGraw, Nickens, Garrett NAYS: None IN RE: ADJOURNMENT At 9:10 p.m., Supervisor Johnson moved to adjourn. The motion was seconded by Supervisor Robers, and carried by the following voice vote: AYES: Supervisors Johnson, RObers, McGraw, Nickens, Garrett NAYS: None /J 0,/-</4" - ~ 1 r'~. ."'~.'" ~~ .' -- Lee Garrett, Chairman // /