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HomeMy WebLinkAbout11/28/1989 - Regular November 28, 1989 253 - - - Roanoke County Board of Supervisors Roanoke County Administration Center 3738 Brambleton Avenue, SW Roanoke, Virginia 24018 November 28, 1989 The Roanoke County Board of Supervisors of Roanoke County, Virginia, met this day at the Roanoke County Administra- tion Center, this being the Fourth Tuesday, and the second regularly scheduled meeting of the month of November, 1989. IN RE: CALL TO ORDER Chairman Garrett called the meeting to order at 3: 03 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 (arrived at 3:15 p.m.) MEMBERS ABSENT: None STAFF PRESENT: 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, 25 4 November 28, 1989 - - County Attorney, Mary H. Allen, Clerk to the Board; Anne Marie Fedder, Information Officer IN RE: OPENING CEREMONIES The invocation was given by The Reverend Alan Rowbotham, Unity of Roanoke Valley. The Pledge of Allegiance was recited by all present. IN RE: REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF AGENDA ITEMS Assistant County Administrator Don Myers added Item D- 5, Amendment to the 1989 Holiday Schedule. IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND AWARDS ~ Presentation of Annual Report Public Information Officer Anne Marie Green announced that the 1989 Annual Reports had been published and presented each board member with a copy. IN RE: NEW BUSINESS ~ Authorization to add Hidden Vallev Court to the Drainaqe Maintenance Priority List and authorize necessary fundinq. ~ November 28, 1989 255 A-112889-1 Engineering Director Phillip Henry presented the staff report, advising that drainage projects were presented for approval to the Board on October 10th. Staff is now submitting an additional project at an estimated cost of $50,000 for approval and inclusion in the priority list. Mr. Henry advised that with the addition of this project, the unfunded drainage maintenance list is $180,000. Mr. Henry described the drainage problems. Staff recommended that the Hidden Valley Court drainage problem be added to the priority list with the start of construction after July 1, 1990 when funding is available. Supervisor Johnson was concerned that a project would be added wi thout proper funding. He moved to approve the addition of the Hidden Valley Court drainage project to the priority list and appropriate the $50,000 funds, but not authorize an additional engineering position unless or until it becomes necessary. The motion was seconded by Supervisor Garrett. In response to a question from Supervisor McGraw, Mr. Henry advised that the project was worthy of being added to the priority list and very similar to projects already on the list. In response to a question from Supervisor Robers, Mr. Henry explained the criteria for establishing the priority list and advised that this project met the criteria. Supervisor Nickens expressed concern about funding another drainage project when there is not enough staff to handle 256 November 28, 1989 rural road additions such as Bushdale Road. Supervisor Robers stated that these projects should be prioritized at one time and single projects should not be brought to the Board and added to the list. þ Supervisor Johnson's motion was carried by the following recorded vote: AYES: Supervisors Johnson, McGraw, Garrett NAYS: Supervisor Robers, Nickens ~ Approval of Resolution supportinq a reqional approach to watershed planninq and stormwater manaqement R-112889-2 Assistant County Administrator John Hubbard reported that the Board of Supervisors approved a regional approach to address stormwater management problems. The Fifth Planning District Commission has requested funding from the participating localities to update the 1985 Feasibility Study for a Roanoke Valley Comprehensive Stormwater Management Program. Mr. Hubbard advised that staff recommends approval of a resolution authorizing Roanoke County's participation in the study and funding of the County share to update the 1985 feasibility study, not to exceed $10,000. Supervisor Johnson expressed concern about the accuracy of the technical data in the study and asked for assurances that it would be accurate. Mr. Hubbard advised that they have requested that the 5th PDC discuss this issue with the Corps of November 28, 1989 257 --, Engineers. He described what the study will cover. Supervisor Nickens moved to adopt the prepared resolution with Roanoke County's funding share appropriated from the Board Contingency Fund. The motion was seconded by Supervisor McGraw, and carried by the following recorded vote: AYES: Supervisors Johnson, Robers, McGraw, Nickens, Garrett NAYS: None RESOLUTION 112889-2 SUPPORTING A REGIONAL APPROACH TO WATERSHED PLANNING AND STORKWATER MANAGEMENT FOR THE ROANOKE VALLEY WHEREAS, the Fifth Planning District Commission, at the request of Roanoke Valley governments, prepared a Feasibility StudY for a Roanoke Valley Comprehensive Stormwater Manaqement Proqram in 1985 which presented a detailed analysis of: (1) the benefits of a regional stormwater management program, (2) drainage problems and future stormwater management concerns, (3) existing local stormwater management programs, (4) databases for stormwater management planning, (5) a proposed approach to regional stormwater management planning, and (6) institutional and regulatory issues affecting stormwater management; and WHEREAS, this study determined that twenty-two of the thirty-nine watersheds in the Roanoke Valley are in the upper affect areas interjurisdictional and development activities reaches of these tributaries will adversely 25 8 November 28, 1989 downstream; and - WHEREAS, the high cost of facilities encourages local governments to have a plan and methods of examining possible alternatives to find the most cost-effective solution; and WHEREAS, a cooperative regional approach to watershed planning and management of stormwater runoff appears beneficial to all communities in the Valley. NOW, THEREFORE, BE IT RESOLVED, that the Roanoke County Board of Supervisors recognizes the need to cooperate with other Roanoke Valley governments in managing stormwater runoff and supports a regional approach to developing watershed master plans and a stormwater management program; and BE IT FURTHER RESOLVED, that the Roanoke County Board of Supervisors will provide its pro rata share of the cost (based on current population estimates) to update the 1985 feasibility study for a Roanoke Valley Comprehensive Stormwater Management Program for the purpose of providing direction for developing watershed master plans of tributaries of the Roanoke River. The total cost for the update of the 1985 study will not exceed $10,000, to be shared by the participating localities on a pro rata basis. On motion of Supervisor Nickens, to adopt resolution and funding for Roanoke County's share to be allocated from Board Contingency Fund, seconded by Supervisor McGraw, and carried by the following recorded vote: November 28, 1989 259 - AYES: NAYS: Supervisor Johnson, Robers, McGraw, Nickens, Garrett None h Authorization for credit of water off-site facility fee for Tweeds. A-112889-3 utility Director Clifford Craig reported that Roanoke County agreed to provide water to the Tweeds site. A Community Development BLock Grant in the amount of $66,790 has been made available to fund the off-site water facilities and Tweeds has requested that Roanoke County consider these grant funds as their contribution to the off-site water facility construction. Staff requested the Board to consider the CDBG funds as their contribution with their total water connection fee of $21,393. supervisor Johnson moved to approve 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 ~ write-off of utility bad debts for 1983 and 1984. A-112889-4 Finance Director Diane Hyatt advised that staff is requesting the write-off of $42,063.68 bad debts from utility accounts. These include the last of the refuse collection accounts. Efforts have been made to locate these customers and 26 0 November 28, 1989 - they have been placed with a collection agency for over one year. '- Supervisor Robers moved to authorize the write-off of utility bad debts. The motion was seconded by Supervisor Nickens, and carried by the following recorded vote: AYES: Supervisors Johnson, Robers, McGraw, Nickens, Garrett NAYS: None ~ 1990 Leqislative Program - General AssemblY Mr. Mahoney presented the report, outlining recommendations for approval to be included in the 1990 legislative requests of the General Assembly. The following people spoke: 1. David Riddle, Tri-Agency Association, who requested the addition of the Indoor Clean Air Act, which supports smoking controls and a local option on smoking regulations. 2. Kelly Whitney, Clean Valley Council, requested a change in the legislative packet regarding the recycling of some types of plastics. Supervisor Robers expressed support for this change. Supervisor Johnson advised he would like to limit the specificity on waste management to general support. Supervisor McGraw stated that the Board may desire to support the Grayson Commission legislation recommendations rather than the VML/VACo legislation regarding intergovernmental relations. Supervisor Garrett moved to continue this item to December 19, 1989 to allow Mr. Mahoney to study the proposed legislation and to make the necessary revisions to the November 28, 1989 26 1 ====ï ~ legislative requests. The motion was seconded by Supervisor Robers, and carried by the following recorded vote: AYES: Supervisors Johnson, Robers, McGraw, Nickens, Garrett NAYS: None ~ Amendment to the County Holiday Schedule A-11289-5 Supervisor Garrett moved to authorize an additional holiday on December 26, 1989. 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: REQUESTS FOR PUBLIC HEARINGS Supervisor Johnson requested a public hearing on December 19, 1989 on the charter for the proposed consolidation of Roanoke County and Roanoke City IN RE: REQUESTS FOR PUBLIC HEARING AND FIRST READING FOR REZONING ORDINANCE - CONSENT AGENDA Supervisor Garrett moved to approve first reading and requests for public hearings on December 19, 1989 on the following rezoning ordinances. The motion was seconded by Supervisor Johnson, and carried by the following recorded vote: AYES: Supervisors Johnson, Robers, McGraw, Nickens, Garrett NAYS: None 2.62. November 28, 1989 1. 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. - '-- - 2. 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. 3. An ordinance to amend the Future Land Use Map designation 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 Asphalt Paving Company 4. An ordinance to rezone approximately 19 acres from A-1 to M-1 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 IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS SUPERVISOR JOHNSON: Updated the board members on the consolidation negotiations. He requested that the board members not express support or opposition or make comments on the plan until the citizens workshops are complete. SUPERVISOR ROBERS: Reported on the meeting in November 28, 1989 263 - Blacksburg on the Smart Highway which was attended by VPI President McComas, COngressman Jim Olin, Ray Penthal from the Virginia Department of Transportation and local legislators. He advised that there was strong support to add the technology to the highway and there will be a meeting in January with major industries who might have a vested interest in the highway. SUPERVISOR MCGRAW: Reported on the Grayson Commission meeting on November 20. He announced that the final meeting will be on December 9, and advised that the VML/VACO Task Force has had much impact on the Grayson Commission. SUPERVISOR NICKENS: Requested that Mr. Sumpter from the Virginia Department of Transportation and Mr. Hope from the Blue Ridge Parkway be invited to the January 9, 1990 meeting to update the board members on the east circumferential highway. IN RE: CONSENT AGENDA R-112889-6 Supervisor Johnson moved to approve the Consent Agenda. The motion was seconded by Supervisor Garrett, and carried by the following recorded vote: AYES: Supervisors Johnson, Robers, McGraw, Nickens, Garrett NAYS: None RESOLUTION 112889-6 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS 26 4 November 28, 1989 - - AGENDA FOR THIS DATE DESIGNATED AS ITEM J - CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. that the certain section of the agenda of the Board of Supervisors for November 28, 1989 designated as Item J- Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 through 5, inclusive, as follows: 1. Confirmation of Committee Appointment - Mental Health Services of the Roanoke Valley 2. Acceptance of water and sanitary sewer facilities serving Merriman Hills. 3. Acceptance of water facilities serving Castle Rock Homes. 4. Acceptance of sewer facilities serving McDonalds Restaurant on Plantation Road. 5. Acceptance of grant from the Criminal Justice Services Communication Grant Program. Department of through the 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. IN RE: CITIZENS' COMMENTS AND COMMUNICATIONS 1. ALFRED POWELL. 3440 FRANKLIN STREET. requested the following information, and that the information be made public, either through the media or at a board meeting: November 28, 1989 265 ===i ~ ¡ a. The total costs to publish the annual report, including the costs of inhouse time, materials, and external costs so that the cost per taxpayer could be determined. b. The total cost to Roanoke County to relocate Tweeds, Inc. to the County. Chairman Garrett advised he would have the information prepared for Mr. Powell. 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 1. Capital Fund Unappropriated Balance 2. General Fund Unappropriated Balance 3. Board Contingency Fund IN RE: EXECUTIVE SESSION At 4: 45 p.m., Supervisor Garrett moved to go into Executive Session pursuant to the Code of Virginia 2.1-344 A (7) to consult with legal counsel pertaining to legal matters requiring the provision of legal advice by counsel: consolidation; (3) to discuss disposition of publicly held real estate for economic development purposes. The motion was seconded by Supervisor Nickens, and carried by the following 26 6 November 28, 1989 = i== recorded vote: AYES: supervisors Johnson, Robers, McGraw, Nickens, Garrett NAYS: None IN RE: CERTIFICATION OF EXECUTIVE SESSION R-112889-7 At 6:45 p.m., supervisor Garrett moved to return to Open Session and adopt the certification resolution. The motion was seconded by Supervisor Nickens, and carried by the following recorded vote: AYES: Supervisors Johnson, Robers, McGraw, Nickens, Garrett NAYS: None RESOLUTION 112889-7 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 during its afternoon session at 4:45 p.m., 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 November 28, 1989 26 7 - Supervisors of Roanoke County, Virginia hereby certifies that, to the best of each members knowledge: 1. Only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the executive meeting which this certification resolution applies, and 2. Only such public business matters as were identified in the motion convening the executive meeting were heard, discussed or considered by the Board of Supervisors of Roanoke County, Virginia. On motion of Supervisor Garrett, seconded by Supervisor Nickens, and upon the following recorded vote: AYES: Supervisors Johnson, Robers, McGraw, Nickens, Garrett NAYS: None IN RE: RECESS At 6:47 P.M., Chairman Garrett declared a dinner recess. EVENING SESSION (7:00 P.M.) IN RE: FIRST READING OF ORDINANCE ~ Ordinance Rescindinq Ordinance dated October 24. 1989 for sale of ten acres in Glenvar (Shamrock Field) Economic Development Specialist Brian Duncan informed 26 8 November 28, 1989 - the Board that negotiations broke down regarding the sale following approval on October 24. The purchaser wishes to withdraw his offer to purchase ten acres. However, there is an individual interested in placing a 27,000 square foot facility on five acres. Proceeds from the sale will be $115,000 and should be appropriated to Green Hill Park. Mr. Mahoney advised the ordinance would rescind the action taken by the Board on October 24, would authorize first reading of the sale of property, authorize proceeds to be placed in the capital facility account; and appropriate the funds from that account for Green Hill Park improvements. Mr. Mahoney advised that by separating the actions it accomplishes the legal necessity of transferring all proceeds from sale of property to the capital account. Supervisor McGraw moved to separate the votes on sale of the property and transfer of the proceeds and moved to approve first reading of the ordinance with Item 6 of the ordinance removed for a separate vote. 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 Supervisor McGraw moved to approve Item 6 of the ordinance. The motion was seconded by Supervisor Nickens, and carried by the following recorded vote: AYES: Supervisors Johnson, Robers, McGraw, Nickens, Garrett - -----; None November 28, 1989 26 9 NAYS: IN RE: PUBLIC HEARINGS AND SECOND READING OF ORDINANCES An ordinance to amend the Future Land Use Plan map designation 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-l to M-l for industrial development purposes with conditions upon the application of the Board of supervisors of Roanoke county, Virginia This item was continued to December 19, 1989. 1189-1 1189-2 An ordinance to change the zoning classification of approximately 15 acres of real estate located at the end of Benois Road in the Cave Spring Magisterial District from R-l to M-l for industrial development with conditions upon the application of the Board of supervisors of Roanoke County, Virginia. Planning Director Terry Harrington reported that two significant impact factors were identified by the Planning Commission regarding single family homes adj acent to the site. The Planning Commission recommended proffered conditions to protect the single family residences. The conditions were agreed to with the exception of the 100 foot buffer year which was reduced to 50 feet. Mr. Mahoney offered several options for action: the ordinance can be amended to include the proffered conditions; the Board may continue the rezoning to December 19, 1989; or the rezoning may be sent back to the Planning Commission, since the 27 0 November 28, 1989 r- conditions are not exactly like those recommended. Joan Andrews, Meadowlark Road, expressed concern about the 50 foot buffer. She advised that the residents would prefer a 100 foot buffer. She stated that the buffer requirement was the residents only concern. Economic Development Director Tim Gubala responded that analysis showed that a 100 foot buffer would restrict the use of the property. Supervisor Nickens moved to continue the public hearing to December 19 to allow staff to meet with the surrounding residents and redraft 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 1189-3 1189-4 An ordinance to change the zoning classification of approximately 35 acres of real estate generally located south of 1-81 and west of Plantation Road in the Hollins Magisterial District from R-l to M-l for mixed-use development with conditions upon the application of the Board of supervisors of Roanoke county, Virginia. (THIS REQUEST WAS CONTINUED BY THE PLANNING COMMISSION. THE BOARD OF SUPERVISORS WILL HOLD THE PUBLIC HEARING ON DECEMBER 19, 1989) An ordinance to change the zoning classification of approximately 8 acres of real estate located at the southeast corner of the intersection of state Route 643 and 1- 81 in the Catawba Magisterial District from B-2 to M-l for industrial development with conditions upon the application of the Board November 28, 1989 27 1 ----, = I 0-112889-8 of supervisors of Roanoke County, Virginia. Mr. Harrington informed the Board that this is known as the Shamrock site. At the Planning Commission, proffered conditions were offered and additional proffers have since been added. The only significant impact factor was the fact that rezoning was not in comformi ty with the Land Use Plan and the Planning Commission recommended that if the rezoning is approved, an amendment to the Land Use Plan from Core to Principal Industrial should be approved. The Planning Commission recommended approval. In response to a question from Supervisor Nickens regarding inconsistencies concerning environmental factors and signage, Mr. Harrington advised that conditions limit the types of uses for the property and signage is in comfority with the proposed sign ordinance. Supervisor Garrett moved to approve the rezoning and ordinance. The motion was seconded by Superv isor Robers, and carried by the following recorded vote: AYES: Supervisors Johnson, Robers, Nickens, Garrett NAYS: None ABSTAIN: Supervisor McGraw ORDINANCE 112889-8 TO CHANGE THE ZONING CLASSIFICATION OF AP- PROXIMATELY 8 ACRES OF REAL ESTATE LOCATED AT THE SOUTHEAST CORNER OF THE INTERSECTION OF STATE ROUTE 643 AND 1-81 IN THE CATAWBA MAGISTERIAL 272 November 28, 1989 DISTRICT FROM THE ZONING CLASSIFICATION OF B-2 TO THE ZONING CLASSIFICATION OF K-l WITH CONDITIONS FOR INDUSTRIAL DEVELOPMENT UPON THE APPLICATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA = I 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 WHEREAS, the first reading of this ordinance was held on October 24, 1989, and the second reading and public hearing was held on November 28, 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 8 acres of real estate located at the southeast corner of the intersection of State Route 643 and 1-81 in the Catawba Magisterial District from the zoning classification of B-2, General Commercial District, to the November 28, 1989 2. 7 3 - - I 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 a concrete highway monument marking the corner of the rights-of-way of Route 643 and Interstate Highway Route 81; thence N. 55° 29' E. 450 feet, more or less, to a point in the center of a drainage ditch; thence following the meanders of the drainage ditch in a southerly direction 875 feet, more or less, to a point; thence S. 53° 52' W. 426 feet, more or less, to a point on the eastern right-of-way of Route 643; thence following the said right-of-way N. 15° 12' 30" W. 128.21 feet to a concrete highway monument; thence N. 12° 21' W. 194 feet to a concrete highway monument; thence N. 15° 17' 10" W. 417.14 feet to the place of beginning and containing 7.96 acres, more or less; and as shown on a plat of survey, entitled "Property Exchange, Tract A," prepared by the Roanoke County Department of Public Facilities, dated September 16, 1986, attached hereto. 4. That Roanoke County as owner of this real estate has voluntarily proffered in writing the following conditions which the Board of Supervisors hereby accepts: (1) The property will not include permitted uses for: (a) Automobile painting, upholstering, 274 November 28, 1989 repa1r1ng, rebuilding, reconditioning, body and fender work, truck repairing or overhauling; (b) Manufacturing of pottery and figurines or other similar ceramic products, using clay, and kilns; (c) Seed and feed stores; (d) Veterinary hospital and kennels with exterior runs and commercial and yards; (e) Flea markets. (2) The noise levels shall not exceed 60 decibels measured at adjacent property lines. (3) Dust minimization measure will be employed during construction and operation of all on-site facilities. (4) The developer of the site shall comply with building height, yard, setback, and lot coverage regulations for M-1, Light Industrial District. 5. That the effective date of this ordinance shall be November 28, 1989. On motion of Supervisor Garrett, seconded by Supervisor Robers, and carried by the following recorded vote: AYES: Supervisor Johnson, Robers, Nickens, Garrett NAYS: None ABSTAIN: Supervisor McGraw 1189-5 An ordinance to amend the Future Land Use Plan map designation of approximately 25 acres located east of Carvins Cove Dam Road and immediately north of 1-81 in the Catawba Magisterial District from Development to principal Industrial. November 28, 1989 275 - 0-112889-9 Mr. Harrington presented the staff report. He advised that the property was rezoned to M-1 in 1983. The Planning commission recommended approval of the request. There was no discussion and no one was present to speak. Supervisor Johnson moved to approve the ordinance. The motion was seconded by Supervisor McGraw, and carried by the following recorded vote: AYES: Supervisors Johnson, Robers, McGraw, Nickens, Garrett NAYS: None ORDINANCE 112889-9 TO AMEND THE FUTURE LAND USE PLAN MAP DESIGNA- TION OF APPROXIMATELY 25 ACRES LOCATED EAST OF CARVINS COVE DAM ROAD AND IMMEDIATELY NORTH 1-81 IN THE CATAWBA MAGISTERIAL DISTRICT FROM DEVELOPMENT TO PRINCIPAL IN- DUSTRIAL. WHEREAS, by Resolution 91289-4 the Board of Supervisors of Roanoke County, Virginia, initiated amendments to the Com- prehensive 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 27 6 November 28, 1989 - WHEREAS, the first reading of this ordinance was held - on October 24, 1989, and the second reading and pUblic hearing was held on November 28, 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 Future Land Use Plan map designation of a certain tract of real estate owned by Hollins College containing approximately 25 acres (Tax Map No. 18.00-1-3.1) located east of Carvins Cove Dam Road and immediately north 1-81 in the Catawba Magisterial District is hereby changed from Development to Principal Industrial. 3. That the effective date of this ordinance shall be November 28, 1989. On motion of Supervisor Johnson, seconded by Supervisor McGraw, and carried by the following recorded vote: AYES: Supervisor Johnson, Robers, McGraw, Nickens, Garrett NAYS: None 1189-6 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-1MB to M-l for ndustrial development with conditions upon the application of the Board of Supervisors of November 28, 1989 277 - ==== Roanoke County, virginia. This rezoning request was continued to December 19, 1989. 1189-7 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 "Stormwater Management criteria."(CONTINUED FROM OCTOBER 24, 1989) This item was continued to December 19, 1989. IN RE: FIRST READING OF ORDINANCES ~ Ordinance repealing Ordinance 83-174 and adopting a new ordinance reauirinq the filing of a disclosure statement of economic interests and other specified information pursuant to section 2.1-639.14 of the Code of Virqinia. Mr. Mahoney reported that the ordinance adopted in 1983 is no longer valid and should be repealed. The new ordinance specifies the local officials and committee members who must file statement of Disclosures forms and real estate disclosure forms, and brings the County ordinance into compliance with the state code. There was no discussion and no one was present to speak. 27 8 November 28, 1989 -- Supervisor Johnson moved to approve first reading of the ordinance. 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: CITIZENS COKKENTS AND COKKUNICATIONS 1. ALFRED POWELL. 3440 FRANKLIN STREET spoke concerning adding Proffer of Conditions to rezoning petitions. He advised that petitioners often consider these conditions as "Blackmail", and that they must comply with to ensure approval of the rezoning request. IN RE: EXECUTIVE SESSION At 8:00 p.m., Supervisor Nickens moved to go into Executive Session pursuant to the Code of Virginia 2.1-344 (a) (7) to consult with legal counsel pertaining to legal matters requiring the provision of legal advice by counsel regarding consolidation. The motion was seconded by Supervisor Johnson, and carried by the fOllowing recorded vote: AYES: Supervisors Johnson, Robers, McGraw, Nickens, Garrett NAYS: None IN RE: CERTIFICATION OF EXECUTIVE SESSION R-112889-10 November 28, 1989 279 - At 9: 07 p.m., supervisor Johnson moved to return to Open Session and certify the Executive Session. The motion was seconded by Supervisor Nickens, and carried by the following recorded vote: AYES: Supervisors Johnson, Robers, Nickens, Garrett NAYS: None ABSENT: Supervisor McGraw (was present for Executive Session but absent for certification vote. written certification was later received from Supervisor McGraw.) RESOLUTION 112889-10 CERTIFYING EXECUTIVE MEETING WAS HELD IN CONFORMITY WITH THE CODE OF VIRGINIA WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened an executive meeting on this date, at its evening session at 8:00 p.m., 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 ~ß 0 November 28, 1989 - open meeting requirements by Virginia law were discussed in the = executive meeting which this certification resolution applies, and 2. Only such public business matters as were identified in the motion convening the executive meeting were heard, discussed or considered by the Board of Supervisors of Roanoke County, Virginia. On motion of Supervisor Garrett, seconded by Supervisor Nickens, and upon the following recorded vote: AYES: Supervisors Johnson, Robers, Nickens, Garrett NAYS: None ABSENT: Supervisor McGraw IN RE: ADJOURNMENT At 9:08 p.m., Supervisor Johnson moved to adjourn. The motion was seconded by Supervisor Nickens, and carried by a voice vote: AYES: Supervisors Johnson, Robers, Nickens, Garrett NAYS: None ABSENT: Supervisor McGraw ¿Q~ LeJ'Ga~;ett, Chairman f