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HomeMy WebLinkAbout5/23/1989 - Regular ". 81 0 Roanoke County Board of Supervisors Roanoke County Administration Center 3738 Brambleton Avenue, SW Roanoke, Virginia 24018 May 23, 1989 The Roanoke County Board of Supervisors of Roanoke County, Virginia, met this day at the Roanoke County Administration Center, this being the fourth Tuesday, and the second regularly scheduled meeting of the month of May, 1989. IN RE: CALL TO ORDER Chairman Garrett called the meeting to order at 3: 02 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, Deputy Clerk; Anne Marie Fedder, Information Officer 811 - - IN RE: OPENING CEREMONIES The invocation was given by the Reverend Steve Harris, Baptist Childrens' Home. The Pledge of Allegiance was recited by all present. IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND AWARDS 1. Resolution of Conqratulations to Glenvar High School upon being named an Outstanding Secondary School. R-52389-1 Mr. Al McClearan, Principal, Ms. Pat Circle, Assistant Principal, Shirley Thomas, PTA President, and Frank Thomas, President of the School Board, and Bayes Wilson, Superintendent, were present to receive the resolution. Supervisor Johnson asked that research be conducted to determine how many times Roanoke County has won this award and how many other localities have won as often as Roanoke County. Supervisor Garrett moved to adopt the resolution. The motion was seconded by Supervisor Johnson and carried by the following recorded vote: AYES: Supervisors Johnson, Robers, McGraw, Nickens, Garrett NAYS: None RESOLUTION 52389-1 OF CONGRATULATIONS TO GLENVAR HIGH SCHOOL FOR NATIONAL RECOGNITION AS AN OUTSTANDING SCHOOL BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia: 81 2 WHEREAS, Glenvar High School was recently honored as a recipient of the 1988-89 Secondary School Recognition Program Award; and WHEREAS, the school was one of 629 schools from the United States and Puerto Rico nominated for this honor; and WHEREAS, only 218 schools in the united States and four in the State of Virginia were recipients of this award of excellence; and WHEREAS, Glenvar High School was cited for its community support and student involvement as expressed by 100% participation in the Parent Teachers Association; the excellence of its learning environment and programs; and the high quality of its staff and administration. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County, Virginia, does hereby extends its congratulations to Principal Al McClearn, the assistant principals and 56 teachers and staff, and the 638 pupils of Glenvar High School for their outstanding accomplishments; and FURTHER, the Board of Supervisors of Roanoke County, Virginia, expresses its pride in Glenvar High School and wishes continued success to all those who participated in this achievement. On motion of Supervisor Garrett, seconded by Supervisor Johnson and carried by the following recorded vote: AYES: Supervisors Johnson, Robers, McGraw, Nickens, Garrett NAYS: None 813 - 2. Resolution of A-ppreciation to the Roanoke Valley Youth Soccer Club for holdinq the 4th Annual Festival Soccer Tournament in the Roanoke Valley. R-52389-2 Mr. Danny Beamer and Mr. Tyler Pugh were present to receive the resolution and presented Soccer T-Shirts to the board members. Supervisor Garrett moved to approve the 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 52389-2 EXPRESSING THE APPRECIATION OF THE ROANOKE COUNTY BOARD OF SUPERVISORS TO THE ROANOKE VALLEY YOUTH SOCCER CLUB, INC. FOR ITS ASSISTANCE IN HOLDING THE FOURTH ANNUAL FESTIVAL SOCCER TOURNAMENT IN THE ROANOKE VALLEY WHEREAS, The Roanoke Valley Youth Soccer Club, Inc. has been instrumental in establishing an annual soccer tournament to be held in the Roanoke Valley each year during the Memorial Day weekend; and WHEREAS, this tournament has continued to grow so that this year there will be 156 teams competing in 17 divisions over two days of competition; and WHEREAS, over 4,000 participants, family members, and friends will come from 12 states to spend a weekend in the Roanoke Valley to enjoy excellent soccer, the Festival events, and the other opportunities and facilities of our community. 814 NOW, THEREFORE BE IT RESOLVED by the Board of Supervisors of Roanoke County that we express our sincere appreciation to the officers, members, and volunteers of the Roanoke Valley Youth Soccer Club, Inc. for their tireless efforts in organizing and holding the FOURTH ANNUAL FESTIVAL SOCCER TOURNAMENT and wish to each participant a warm welcome to the Roanoke Valley and much success in their athletic endeavors. Nickens AYES: NAYS: On motion of Supervisor Garrett, seconded by and carried by the following recorded vote: Supervisors Johnson, Robers, McGraw, Nickens, None Supervisor GArrett 3. Recoqnition of Roanoke Countv's All America City Award from the Roanoke Reqional Chamber of Commerce. C. Thom Robinson Executive Vice President of the Roanoke Regional Chamber of Commerce presented a Resolution of Congratulations to Roanoke County for winning the All-America City Award. Mr. Hodge announced that the County has receive several resolutions of congratulation, including one from the City of Salem. IN RE: NEW BUSINESS 1. Presentation on All America City Recognition. Mr. Hodge presented to Brian Duncan a framed picture of the Roanoke Market and expressed appreciation for his hard work on the All American City application and other activities involved in the proj ect. Mr. Duncan announced he would donate 8.15 ~ - the picture to the Blue Ridge Library. A video of the All American City judging was viewed by the board members. 2. Addi tional fundinq request from the 1985 Road Bond. A-52389-3 Engineering Director Phillip Henry advised that there is a need for additional funding to cover administrative costs involved in the 1985 road bond for $600,000. Based on the roads remaining on the list, an additional $13,500 will be needed for addi tional survey and legal expenses. Staff is recommending allocation of these funds from the bond reserve fund. 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 3. Approval of Parks and Recreation Plans for the Glenvar area. A-52389-4 Assistant County Administrator John Chambliss advised that at the April 11th meeting, the Board of Supervisors requested staff to meet with those who were leasing park land in the Glenvar area to ensure that the existing fields would cont inue to be available. The County had already received a letter from Richfield stating that use of Shamrock Park area could continue beyond 1989 and they would give as much " 81 6 notification as possible before developing the property. The Lewis Gale property lease has been sent to the property owners and will have a one-year notice before development. Over $1 million has been spent developing Green Hill Park. Portable fencing at Shamrock and McVitty Parks can be relocated to Greenhill Park when necessary. There will be the same number of fields available. Mr. Chambliss recommended the continued utilization of Shamrock Park and Mcvi tty Park until the owners have a need to expand, and to develop Greenhill Park as money becomes available. Yvonne Willis, a member of the Parks and Recreation Commission spoke in favor of continuing development of Greenhill Park with the additional necessary funding for fencing, backstops and phase II development. In response to a question from Supervisor Nickens, Mr. Chambliss advised there are more facilities available now in the Glenvar area than in 1983. Supervisor McGraw expressed concern about the lack of long-term commitment from the owners of Shamrock Park and McVi tty Parks and funding for continued development of Greenhill Park. 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, Nickens, Garrett NAYS: Supervisors Robers, McGraw IN RE: FIRST READING OF ORDINANCES 81 7 - 1. Ordinance appropriatinq funds for the 1989-90 fiscal vear budqet for Roanoke Countv. Director of Management and Budget Reta Busher presented the staff report. Supervisor Nickens moved to approve first reading wi th Item 5 in the ordinance amended to include that any operating short fall in the school budget not come from the Capital Fund, but from the School Operating Fund. The motion was seconded by Supervisor Robers and carried by the following recorded vote: AYES: Supervisors Johnson, Robers, McGraw, Nickens, Garrett NAYS: None 2. Ordinance authorizinq the construction of a public water system to serve a special water service area including real estate alonq Shadwell Drive in the Bellview Gardens and Bellevue Estates subdivisions. The costs thereof to be imposed upon certain abutting propertv owners by agreement. providinq funds therefor. and directinq that an abstract of this ordinance be recorded showing the amount that will be assessed against each such landowner. utility Director Clifford Craig present the staff report. - 81 8 Supervisor Johnson moved to approve the first reading of the ordinance. The motion was seconded by Supervisor Nickens and carried by the following recorded vote: AYES: Supervisors Johnson, Robers, McGraw, Nickens, Garrett NAYS: None IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS SUPERVISOR ROBERS: (1) Plans are proceeding on visits from Northern Virginia through George Mason zzuversity. (2) asked the County Administrator to contact certain individuals on the possibility of establishing a "smart highway" on the proposed highway to Blacksburg. Chairman Garrett directed staff to study the possibility and report back to the board. (3) Announced formation of an Advisory Committee to meet with economic development staff and develop plans for continued economic development. (4) Moved that the Board support sending letters to businesses using disposable containers asking that they voluntarily use different packaging. The motion was seconded by Supervisor Nickens and carried by the following recorded vote: AYES: Supervisors Robers, McGraw, Nickens, Garrett NAYS: Supervisor Johnson (4) Has requested information concerning choices for school systems and choice of schools for parents and will give to School Board and Consolidation Negotiating Committee. 81 9 c=:::: SUPERVISOR MCGRAW: (1) Asked staff to bring back report with information from the staff and olver concerning costs of speeding the recycling efforts and use of the one-armed bandit to increase the use of the current landfill site. (2) expressed concern at the appointment of a new member to the Consolidation Negotiating Committee at a meeting he was unable to attend. Supervisor Johnson moved to reconsider the appointment of Lee Garrett ot the Committee. The motion was seconded by Superviosr Nickens but was withdrawn with it was decided to discuss the issue in Executive Session. SUPERVISOR GARRETT: asked the County Administrator to prepare an affirmative action program with career paths and bring back to The board for approval at 7/11/89 meeting IN RE: APPOINTMENTS 1. Parks & Recreation Advisorv Commission Supervisor Robers nominated Vince Joyce to serve another three-year term, representing the Cave Spring Magisterial District. Supervisor Nickens nominated Thomas Robertson to another three-year term. IN RE: CONSENT AGENDA 82 0 - 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 NO. 52389-5 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS 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 that certain section of the agenda of the Board of Supervisors for May 23, 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 appointments to the Clean Valley Council and the Fifth Planning District Commission; ratification of appointment to the Transportation Safety Commission. 2. Request for acceptance of Stone Millwheel Drive into the Va. Transportation Secondary System. Mill Drive and Department of 3. Authorization of lease/purchase for two pierce Arrow Fire Trucks. 4. Acceptance of a temporary construction easement being conveyed by Debbie Reynolds for the location of a water line adjacent to North Lakes Office Park and settlement of outstanding water bill. 5. Acceptance of 0.18 mile of Spring Run Drive into VDOT Secondary System. 82 1 - 2. That the l;lerk to ~ne Board ~s hereby authorized and directed where required by law to set forth upon any of said items the separate vote tabulation for any such item pursuant to this resolution. On motion of Supervisor Johnson, seconded by Supervisor Garrett, and upon the following recorded vote: AYES: Supervisors Johnson, Robers, McGraw, Nickens, Garrett NAYS: None RESOLUTION 52389-5.b REQUESTING ACCEPTANCE OF STONE MILL DRIVE and MILLWHEEL 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 Stone Mill Drive from its intersection with Mill Pond Drive (Route 1169) to the intersection of Millwheel Drive for a distance of 0.14 miles, Millwheel Drive from its intersection with Mill Pond Drive (Route 1169) to Stone Mill Drive for a distance of 0.06 miles to be accepted and made a part of the Secondary System of State Highways under Section 33.1-229 of the Virginia State Code. 2. That it appears to the Board that drainage easements and a fifty (50) foot right-of-way for said road have been dedicated by virtue of a certain map/maps known as Section 9, Woodbridge Sudivision which map was recorded in Plat Book 10, Page 10, of the records of the Clerk's Off ice of the Circuit Court of Roanoke County, Virginia, on June 11, 1986, Woodbridge, 82 2 - Section 10, which map was recorded in Plat Book 10, Page 115 of the records of the Clerk's Office of the Circuit Court of Roanoke County, Virginia on December 1, 1987, 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 stone Mill Drive and Millwheel 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 Johnson, seconded by Supervisor Garrett and carried by the following recorded vote: AYES: Supervisors Johnson, Robers, McGraw, Nickens, Garrett NAYS: None RESOWTION 52389-5. c AtJIHORIZING rrHE AQJ:JISITION OF TWO FIRE ~ AND ~RoŒNT, A~l'~ '!HE OFFER THEREFOR AND APPROVING '!HE INTEREST RATE, UR)N CERI'AIN TERMS AND OONDITIONS WHEREAS, the Board of SUpervisors of the County of Roanoke has detennined that it is necessazy am expedient to enter into a lease/purchase agreement to acquire two fire trucks and certain equipnent to provide protection within the county; am WHEREAS, the County has solicited offers for said lease/purchase financirq am acquisition; am 82 3 ~ WHEREAS, the Board desires to accept an offer therefor am to establish the interest rate for said financirq; ani WHEREAS, the acquisition of these vehicles am equipment was considered am authorized as a part of the 1987-88 fiscal year county budget. NOW, THEREFORE, BE IT RESOLVED by the Board of SUpervisors of Roanoke county, Virginia, as follows: 1. '!hat the Board of SUpervisors of Roanoke County detennines that it is in the best interests of the p.Jblic to enter into a lease/purchase agreement in the priroipal annmt of $272,611.82 in order to acquire two fire trucks and related equipnent in order to provide ÍIrproved fire protection service. 2. '!hat the Board detennines that it is in the best interests of the County to accept the offer of G.E. Capital Fleet services to finance the acquisition of these fire trucks am equipnent over a four ani one-half (4 1/2) year period of tilDe at an interest rate of 7.94%. 3. '!he County Administrator, upon fonn approved by the County Attorney, is hereby authorized to execute such doa.nnents as may be necessary to aCCCl11plish the purposes of this transaction. 4 . That pursuant to the provisions of Section 14.01 of the Roanoke County Charter, this lease/µn:chase agreement shall be subject to annual appropriations by the Board of SUpervisors. 5. '!hat the officers an:i agents of the County are authorized arrl directed to take such further action as may be necessary or convenient in connection with this transaction ani all other actions previously taken by such officers am agents in connection therewith are ratified ani confi1:meJ:i. 6. '!his resolution shall take effect ÌJmœdiately. 82 4 - On motion of Supervisor Johnson, seconded by Supervisor Garrett am carried by the followirq recorded vote: AYES: SUpervisors Johnson, Robers, M:Graw, Nickens, Garrett NAYS: None IN RE: CITIZENS' COMMENTS AND COMMUNICATIONS 1. Bob Butterworth to speak concerning the proposed landfill. Mr. Butterworth asked for assurances from the Board that Bradshaw Road would not be used as an access road to the potential landfill site at Smith Gap. Supervisor McGraw moved that the application process should include the provision that Bradshaw Road would not be used as an access road. There was no second and the motion died. 2. Deborah Zamorski requested that the Board of Supervisors submit Part A applications for the top three landfill sites instead of only two. 3. James Hensley asked when the committee established to study the recommendations made by the Landfill Citizens Advisory Committee would be named and begin work. Supervisor Nickens asked that the County Administrator keep the members of the Landfill cItizens Advisory Committee informed on the status of the newly formed committee. 8'2 5 -: IN RE: REPORTS Supervisor Nickens moved to receive and file the reports listed below. The motion was seconded by Supervisor Johnson and carried by the following recorded vote: AYES: Supervisors Johnson, Robers, McGraw, Nickens, Garrett NAYS: None 1. Accounts Paid - April 1989 2. Capital Fund Unappropriated Balance 3. General Fund Unappropriated Balance 4. Board Contingency Fund 5. Income Analysis and Statement of Expenditures as of April 30, 1989 IN RE: EXECUTIVE SESSION At 4: 45 p. m. Superv isor Garrett moved to go into Executive Session pursuant to the Code of Virginia 2.1-344 (a) personnel and (7) to consider a legal matter. The motion was seconded by Supervisor Nickens and carried by the following recorded vote: AYES: Supervisors Johnson, Robers, McGraw, Nickens, Garrett NAYS: None EVENING SESSION (7:00 P.M.) IN RE: APPOINTMENT TO CONSOLIDATION NEGOTIATING COMMITTEE å2 6 Supervisor Johnson moved to reconsider appointments to the Consol idation Negotiations Committee. The motion was seconded by Supervisor Nickens and carried by the following recorded vote: AYES: Supervisors Johnson, Robers, McGraw, Nickens, Garrett NAYS: None Supervisor Nickens moved to appoint Lee Garrett to replace Supervisor Nickens on the Consolidation Negotiations Committee. The motion was seconded by Supervisor Johnson and carried by the following recorded vote: AYES: Sup~rvisors JOhnson, RObers, McGraw, Nickens, Garrett NAYS: None IN RE: PUBLIC HEARINGS 589-1 PUblic Hearing to elicit comment on the establishment of the construction fund priori ty for the Secondary System of the State Highways for Fiscal Year 1989/90. report. Engineering Director Phillip Henry presented the staff He advised that the current Six-Year Plan was approved by the Board and Virginia Department of Transportation in 1988 and is being brought back to consider the funding for the next fiscal year. The budget is approximately $2.4 million. Mr. Henry highlighted the major projects. There were no citizens to speak on this issue. '927 Supervisor Nickens moved to approve the Six-Year Plan funding priorities. The motion was seconded by Supervisor McGraw and carried by the following recorded vote: AYES: Supervisors Johnson, Robers, McGraw, Nickens, Garrett NAYS: None 589-2 Petition of STEPHAN RICE. BEAR TRAP INN, requesting rezoning from R-l Residential to B-3 Business and to amend the future Land Use Map Designation from Neighborhood Conservation to Transition of a tract containing 0.24 acre and located at the northwest corner of the intersection of Custis Avenue and Bunker Hill Drive in the Cave Spring Magisterial District. This petition was continued to June 27, 1989 at the petitioner's request. Dr. Willis Lanier, 4743 Woodleigh Drive S. W. , spoke concerning this continuance. He asked that once an agenda is published, a public hearing should be heard so that interested citizens don't attend a meeting when it is not necessary. 589-3 Petition of WITTCO. INC. requesting amendment of the future Land Use Map designation from Neighborhood Conservation to Transition of a tract containing 1. 612 acres and located on the north side of U. S. 460, 400 feet south of its intersection with Trail Drive in the Hollins Magisterial District. Planning Director Terry Harrington presented the staff He advised that the Planning Commission recommended report. approval of the amendment. In response to a question from 82 8 Supervisor JOhnson, Mr. Harrington advised the petitioner has no specific plans at this time for the property. Ed Natt, attorney for the petitioner was present to answer questions. Wanda Manuel, 4930 Bower Road S. W. expressed concern about changes to the Roanoke County Land Use Plan, especially those that change Neighborhood Conservation. Following discussion, Supervisor Johnson moved to approve the amendment to the Future Land Use Plan. The motion was seconded by Supervisor Nickens and carried by the following recorded vote: AYES: Supervisors JOhnson, Robers, McGraw, Nickens, Garrett NAYS: None FINAL ORDER NOW, THEREFORE BE IT ORDERED that the aforementioned parcel of land which is contained in the Roanoke County Tax Maps as Parcel 50.05-1-26 and recorded in Deed Book and legally described below, be amended in the Future Land Use Plan from Neighborhood Conservation Designation to Transition Designation. BE IT FURTHER ORDERED that a copy of this order be transmitted to the Secretary of the Planning Commission and that he be directed to reflect that change on the official zoning map of Roanoke County. A 1.612 acre parcel of land, generally located on the ease side of Rou te 460 adj acent to the 82 9 corporate limit of the City of Roanoke within the Hollins Magisterial District and recorded as Parcel No. 50.05-1-26 in the Roanoke County Tax Records. 589-4 Peti tion of SPRADLIN PETROLEUM requesting rezoning from B-2 Business to B-3 Business of a tract containing .848 acre and located on the west side of U. S. 220, 200 feet north of its intersection with Valley Drive in the Cave Spring Magisterial District. Mr. Harrington presented the staff report. He advised that the petitioner plans a car wash, convenience store and gas station. At the Planning Commission one citizen spoke. The significant impact factors included the traffic in the area and the circulation. The developer has requested a waiver to the street standards from the Planning Commission. The Planning Commission recommended approval 4 - 1. Joe Pace, Spradlin Petroleum, advised he did not yet know the recycling plans for the water. In response to a question from Supervisor Nickens, Mr. Mahoney advised that a proffer on water recycling had to be added in writing prior to the public hearing. He further advised a proffer could be added if the public hearing was continued. Supervisor Robers moved to continue the public hearing to June 27, 1989 to allow the petitioner to review his water recycling plans. The motion was seconded by Supervisor Nickens and carried by the following recorded vote: AYES: Supervisors Johnson, Robers, McGraw, Nickens, Garrett NAYS: None 83 0 589-5 Petition of JERRY & BONNIE WILKINSON requesting rezoning from B-2 Business to B-3 Business with a Special Exception Permit of a tract containing .459 acres and located at 7637 Williamson Road in the Hollins Magisterial District. Mr. Harr ington presented the staff report. The petitioners plan on selling and displaying boats at the property. The Planning Commission recommended approval with proffered conditions. Jerry Wilkinson was present and described their plans for the property. Supervisor Johnson moved to grant the petition with proffered conditions. The motion was seconded by Supervisor Nickens and carried by the following recorded vote: AYES: Supervisors JOhnson, Robers, McGraw, Nickens, Garrett NAYS: None FINAL ORDER NOW, THEREFORE BE IT ORDERED that the aforementioned parcel of land which is contained in the Roanoke County Tax Maps as Parcel 27.11-3-11 and recorded in Deed Book 3, page 84 and legally described below, be rezoned from B-2 Business District to B-3 Business District BE IT FURTHER ORDERED that a copy of this order be transmitted to the Secretary of the Planning Commission and that 93 1 he be directed to reflect that change on the official zoning map of Roanoke County. ~tarting at a point on the South side of u. S. Route 11 (80 feet wide) which point is the common point between the Northeast corner of Tract B, Block 1, and the Northwest corner of Tract C, Block 1, as shown on Map No. I of Summerdean, which is recorded in Plat Book 3, page 84, in the Clerk's Office of the Circuit Court of Roanoke County, Virginia; thence with the southerly side of U. S. Route 11, N. 69° 24' E. 250 feet to the place of BEGINNING; thence continuing with the southerly side of U. S. Route 11, N. 69° 24' E. 50 feet to a point; thence with the westerly side of that certain 50 foot wide strip of land previously conveyed from Tract C, S. 20° 36' E. 400 feet to a point on the side of a 20 foot wide alley; thence with said alley S. 69° 24' w. 50 feet to a point; thence with a new line through Tract C, N. 20° 36' w. 400 feet to the place of BEGINNING and containing 0.459 acres and being , a portion of Tract C, Block 1, Map No. 1 of Summerdean, more fully described above and being sho~ on Survey for Barry L. Ward and Brendß _.k JiarQJ made J>y X-.Fe- Parker '&:--Son~ 'EnginÞ€lrs ..and. Surv.eyors~--dateq J~~Y,6, 1977; and PROFFER OF CONDITIONS (1) Agree to display no more than 3 boats and/or trailers on lot in front of M&W Electronics Building. (2) Agree to limit B-3 use to the sale, display, and servicing of boats and related accessories. usage of the property will be continued. (3) Agree to limit additional lighting to two single All present sales dusk-to-dawn lights, to be placed on the portion of property that is behind the main building. (4) Agree to install Type D screening and buffering to buffer residential property along rear border. ( 5 ) Agree to conduct all repair work on boats and accessories inside an enclosed garage area. 83 2 (6) Agree to not install any additional signage. (7) Agree to limit total number of boats and trailers on lot to fifteen (15) (8) Agree to maintain current hours of operation of 10:00 a.m. to 6:00 p.m. Monday through Friday and 10:00 a.m. to 4:00 p.m. on Saturdays with no hours of operation on Sunday. 589-6 Petition of CENTRAL FIDELITY BANK. requesting to amend the Proffered Conditions of a tract containing 1.02 acres and located on the West Side of U. S. 220 at its intersection with Valley Drive in the Cave Spring Magisterial District. .. Mr. Harrington presented the staff report. The petitioner is requesting an additional entrance on a side street. The Planning Commission recommended approval with the other original proffered conditions. Supervisor Robers moved to grant the petition with proffered conditions. The motion was seconded by Supervisor McGraw and carried by the following recorded vote: AYES: Supervisors Johnson, Robers, McGraw, Nickens NAYS: None ABSTAIN: Supervisor Garrett FINAL ORDER NOW, THEREFORE BE IT ORDERED that the aforementioned parcel of land which is contained in the Roanoke County Tax Maps 83 3 ~ as Parcel 77.20-1-40 and recorded in Deed Book 1082, page 454 and legally described below, be rezoned from B-2 General Commercial with conditions District to B-2 General Commercial with amended conditions District BE IT FURTHER ORDERED that a copy of this order be transmitted to the Secretary of the Planning Commission and that he be directed to reflect that change on the official zoning map of Roanoke County. BEGINNING at an existing iron pin on the westerly right-oi-way of U.S. Route 220 (Franklin Road) and being the woutheast c.orner of t::e property of Cleasly St. Clair et ux (Tax Map Number 77.20-1-38), T:':-::-:iC'; 1~3v';:1C' 'a1'''; ,t C1ai- <>1"'c' 'J/l·r1.- c::a';d r';7t..,--'''''':_'""''''I;::: 1.~1::',",i'" ....-.. - ... --- - - -. -- c;;... _~l....... -:::t....-....J- ...~ _ _ _..,." E, 149.64' to-a :;oint, the Ac.tua1 Point of BEGINNI);,G, . THE~CE c.ontinuin; wit~ said right-of-way S 18°15'00" E, 154.60' to a existing iron P:":1 at the nort~ right-of-'J/ay intersec.tion or Va1l:;¡-- Street, THENCE leaving Route 220 right-of-way and with the right-of-,.....ay of Valley Street the following 4 c.ourses: c::: 14u37'50" W, 42.57' to an existing iron pin, ... S 66°04'20" W 103.00' to an existing iron pin, , S 56°28'33" W, 76.57' to an existing iron pin, þ-_.- _. _. S 42°36'15" W, 25.19' to a point to an existing iron pin, THENCE leaving said right-of-way of Valley Street and with the west line of the subjec.t property N 18°15'00" W, 233.03' to a point, THENCE with a line through the subjec.t property N 71°45'OO~ E, 221.65' to the Actual Point of BEGINNING, containing 1.02 acres. PROFFERED CONDITIONS 8 34 ~.. 1) The site will be developed in substancial conformity to the concept plan prepared by Balzer and Associates, Inc. and dated March 15, 1989. The building may be oriented in a slightly different manner to improve visibility and drive-thru access. 2) Site lighting will be directed downward, and will not exceed 20 feet in height. Signs will not be lighted after 10:00 p.m. 3) Free standing signs will be limited to 50 square feet, and will not exceed 20 feet in height. 4) The entrance on U.S. Route 220 will be placed adjacent to the northern property line to facilitate a shared entrance between the proposed bank site and the remaining property to the north. 5) Central Fidelity Bank, Inc. will co-ordinate with Roanoke County to enable the County to upgrade the storm sewer along the eastern property line (beside U.S. Route 220) prior to Central Fidelity paving an entrance onto U.S. Route 220, so long as said cooperation does not delay the planned Branch opening on December 12, 1989. 589-7 Peti tion of the Roanoke Countv Board of Supervisors requesting to amend the Future Land Use Plan Map to include a 1.5 acre parcel presently located in the City of Salem designated as Tax Map Parcel 240-4-1, and assign appropriate zoning designation resulting from a boundary line relocation effective July 1, 1989. Mr. Harrington presented the staff report. The property will now become part of Roanoke County due to a boundary relocation agreement with the City of Salem. Supervisor Nickens moved to grant the peti tion. The motion was seconded by Supervisor Johnson and carried by the following recorded vote: AYES: Supervisors Johnson, Robers, McGraw, Nickens, Garrett NAYS: None 835 FINAL ORDER NOW, THEREFORE BE IT ORDERED that the aforementioned parcel of land which is contained in the Tax Maps as Parcel 240- 4-1 within the City of Salem be included in the Future Land Use Plan and assign appropriate zoning designation resulting from a boundary line relocation effective July 1, 1989. BE IT FURTHER ORDERED that a copy of this order be transmitted to the Secretary of the Planning Commission and that he be directed to reflect that change on the official zoning map of Roanoke County. IN RE: PUBLIC HEARING AND FIRST READING OF ORDINANCE 589-8 Public Hearing and Ordinance amending Chapter 7, Building Requlations of the Roanoke County Code by the Addition of Article V, Fees, and increasing same. Arnold Covey, Director of Development Review and Inspection presented the staff report and advised that this ordinance would increase the building permit fees. No one was present to speak to the ordinance. 83 6 ordinance. Supervisor McGraw moved to approve first reading of the The motion was seconded by Supervisor Johnson and carried by the following recorded vote: AYES: Supervisors JOhnson, Robers, McGraw, Nickens, Garrett NAYS: None 589-9 Public Hearing and Ordinance to increase the salaries of members of the Board of Supervisors of Roanoke County pursuant to Section 3.07 of the Roanoke County Charter and Section 14.1-46.01 of the 1950 Code of Virginia, as amended. County Attorney Paul Mahoney presented the staff report. No one was present to speak to the ordinance. Supervisor Nickens moved to approve the first reading of the ordinance. and carried by the following recorded vote: The motion was seconded by Supervisor McGraw AYES: Supervisors Johnson, Robers, McGraw, Nickens NAYS: Supervisor Garrett P. PUBLIC HEARING AND SECOND READING OF ORDINANCE 589-10 0-52389-6 Public Hearing and Ordinance authorizing the issuance of not to exceed $470,000 bonds to finance the purchase of equipment for school purposes and Ordinance repealing and rescinding ordinance 41189-10 which authorized the issuance of $440,000 General Obligation Bonds to finance the purchase of equipment for school purposes. 837 0-52389-7 Finance Director Diane Hyatt presented the staff report. She advised this action corrects earlier action taken on April ll, 1989. 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 Supervisor Johnson moved to rescind Ordinance 41189-10. The motion was seconded by Supervisor Nickens and carried by the following recorded vote: AYES: Supervisors Johnson, Robers, McGraw, Nickens, Garrett NAYS: None ORDINANCE 52389-6 ATJIH:>RIZING '!HE ISSUANCE OF NOr ro EXCEED $470,000 GENERAL OBLIGATION EQUIPMENT FINANCING B::IIDS, ROANOKE COUNTY SERIES 1989, OF THE COUNTY OF R:)ANOKE, VIRGINIA, ro BE SOID ro '!HE VIRGINIA RJBLIC SamL AtJIHORI'IY AND t).t!:l'l'~ FORIH '!HE FORM AND DEI'AIIS TIiEREX)F. The Board of County SUpervisors (the "Board") of the County of Roanoke, Virginia (the "County") has detennined that it is necessazy and expedient to borrow not to exceed $470,000 ani to issue its general obligation equipnent financirq boms for the financirq of the p.JrChase of equipment for school purposes. '!he County held a p.Jblic hearirq on May 23, 1989 on the issuance of the Bonds (as defined below) in accordance with the requirements of Sections 15.1-171.1 and 15.1-504, Code of Virginia 1950, as amended. HOW, 'IHEREFORE, BE IT ORDAINED BY THE B)ARJ) OFaxJNIY SUPERVISC1RS OF '1HE CXXJNlY OF KWÐKE, VJmINIA: 1. Authorization of Bcn3s am Use of Prooeeds. '!he Board of County SUpervisors hereby detennines that it is advisable to contract a debt am issue am sell bonds in the ann.mt of not to exceed $470,000 (the "Bonds") for the purpose of financirq the p.JrChase of certain microc::anp.lter, printer am peripheral equipnent for school purposes (the "Fquipnent"). '!he issuance 83 8 an1 sále of the Jj()Œ S m 'tne :tonn am upon the terns established ~ to this ordinance is hereby authorized. 2. Sale of the Bonds. It is determined to be in the best interest of the County to sell the Bon:1s to the Virginia Public School Authority ("VPSA") at par, upon the terms established pursuant to this ordinance. '!he awropriate officers of the CcAmty are hereby authorized arxi directed to sell the Bon:1s to VPSA. 3. Details of the Ba'œ. '!he Bon:1s shall be issuable in fully registered form; shall be dated the date of issuance am deliveIy of the Bonds; shall be designated "county of Roanoke General Obligation Equipment Financing Bonds, Roanoke County Series 1989"; shall bear interest payable semi-annually on June 1 arxi December 1 (each an "Interest Payment rate"), beginning December 1, 1989, at the rates established in accordance with paragraph 4 of this ordinance; ani the principal annmt of the Bon:1s shall be payable in annual installments on the dates (each a "Priroipal Payment rate") and in the amounts established in accordance with paragraph 4 of this ordinance. The Bonds shall be issued as a single, typewri tten borxi substantially in the fonn attached hereto as Exhibit A. 4. Interest Rates: Principal Inst"~'1Jœl1t:s. (a) '!he Admini- strator of the County is hereby authorized am directed to accept the interest rate or rates on the Bon:1s determined by VPSA by ~titive bid, provided that no such interest rate or rates shall exceed nine percent (9%) per anmnn, ani the execution am deliveIy of the Boros as described in Section 6 hereof shall conclusively evidence the same as havirq been awroved ani authorized by this ordinance. (b) '!he priroipal annmt of the Bon:1s shall be payable in five (5) annual installments of not to exceed $94,000 each, the first of which shall be due December 1, 1989, am the remainirg installIœnts annually thereafter. 5. Pavment: Pavim Þnent am Recristrar. '!he Treasurer of the County is hereby designated as Borñ Registrar am Payirq Agent for the Borxis ani the follOlllirq provisions shall awly: (a) all payments of principal of am interest on the Borrls shall be made in :i.nunediately available furrls to VPSA at or before 11: 00 a.m. on the awlicable Interest Payment Date am Priroipal Payn-ent Date, or if such date is not a business date for Virginia banks or for the Canm:::>nwealth of Virginia, then at or before ll:00 a.m. on the business day prec:edi.r'g such Interest Pay- ment rate am Principal Payment Date; ani (b) all overdue payments of principal or interest shall bear interest at the awlicable interest rate or rates on the Bon:1s. 6. Executiœ of the Bc:I'œ. '!he 01airman or Vice O1airman am the Clerk or arr¡ De¡xlty Clerk of the Board are authorized am directed to execute am deliver the Bon:1s in an aggregate principal aIOOUnt of $470,000 arxi to affix the seal of the Camty hereto. 7. Full Faith and Credit. '!he full faith am credit of the County are hereby irrevocably pledged for the payment of principal of arxi 83 '9 interest on the Bc::>njs as the same ~ due am payable. 'lbere shall be levied am collected annually on all locally taxable property in the County an ad valorem tax sufficient to pay such priroipal am interest as the same respectively ~ due ani payable. 8. SChool Board Approval. The Clerk of the Board is hereby authorized am directed to cause a certified copy of this ordinance to be presented to the SChool Board of the ca.mty. '!be Borrls hereby authorized shall not be issued by the Board until the SChool Board of the COUnty shall have adopted an appropriate resolution consentirq to the issuance of the Boms . 9 . Non-arbi traqe certificate and Tax Covenants. The appropriate officers and agents of the county are hereby authorized am directed to execute a Non-A'Ibitrage Certificate ani Tax COVenants sett:in;J forth the expected use and investment of the proceeds of the Bc::>njs am conta~ such covenants as may be necessaIY in order to show c:::xmpliance with the provisions of the Int:en1al Revenue Code of 1986, as amerrled (the "Code"), and applicable regulations relatirq to the exclusion fran gross incare of interest on the Bc::>njs or on the VPSA Bc::>njs. '!he Board covenants on behalf of the County that the p:rocE"eàs fran the issuance ani sale of the Bc::>njs will be invested am expemed as set forth in such Non-A1:bitrage Certificate am Tax COVenants ani that the County shall c:::xmply with the other covenants am repre- sentations contained therein. F\.1rt:heJ:'m::re, the Board covenants on behalf of the County that the county shall CCltply with the provisions of the Code so that interest on the Borrls ani on the VPSA Bc::>njs will remain excludable fran gross incxxoe for Federal in:x:me tax purposes. 10. Use of Bond Proceeds. '!he Board hereby appropriates am directs that, sÌJm1ltanea.1sly with the sale of the Boros to VPSA, the Treasurer shall awly, or cause to be ~lied, (a) the difference between the principal æoount of the Borrls ani the cost of the Equipnent to VPSA to defray the cost of issuin;J the Bc::>njs ani (b) the remairxier of the proceeds fran the sale of the BorXls, representirq the cost of the Equipment, to VPSA for the purchase of the Equipnent. 11. Fil:in:J of ordinaooe ani Publiœ.tim of Notice. '!he appro- priate officers or agents of the County are hereby authorized am directed to cause a certified copy of this ordinance to be filed with the circuit Court of the County am, within ten (10) days thereafter, to cause to be p.Jblished once in a newspaper havirq general circulation in the County a notice settirg settirq forth (a) in brief ani general tenns the purposes for which the Boms are to be issued am (b) the annmt of the Boms. 12 . Further Actions. Each tœmber of the Board am all other officers, e:nployees am agents of the County are hereby authorized to take such action as they or any one of them may consider necessazy or desirable in connection wi th the issuance ani sale of the Bonds ani any such action previously taken is hereby ratified am confinned. 13. Effective Date. This ordinance shall take effect iImne- diately. * * * 84 0 On motion of Supervisor Nickens, seconded by Supervisor Johnson and carried by the following recorded vote: AYES: Supervisors Johnson, Robers, McGraw, Nickens, Garrett NAYS: None ORDINANCE 52389-7 REPEALING AND RESCINDING ORDINANCE 41190-10 WHICH AUTHORIZED THE ISSUANCE OF $440,000 GENERAL OBLIGATION SCHOOL BONDS TO FINANCE THE PURCHASE OF EQUIPMENT WHEREAS, on April 11, 1989, the Board of Supervisors of Roanoke County, Virginia, adopted an ordinance authorizing the issuance of not to exceed $440,000 general obligation school bonds to finance the purchase of certain equipment, said bonds to be sold to the Virginia Public School Authority (VPSA); and WHEREAS, VPSA has notified the County that the amount of this borrowing should be $470,000; and WHEREAS, it is necessary to correct this action by the adoption of an ordinance with the corrected amount, and by repeal- ing the previous ordinance; and WHEREAS, the first reading of this repealing ordinance was held on May 9, 1989; the second reading was held on May 23, 1989. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That Ordinance 41189-10 adopted on April 11, 1989, Roanoke County, Virginia, which authorized the issuance of not to exceed $440,000 general obligation school bonds to finance the purchase of certain equipment, said bonds to be sold to the Vir- ginia Public School Authority (VPSA) is hereby repealed and rescinded. 84 1 2. That this ordinance shall take effect immediately. On motion of Supervisor Johnson, seconded by Supervisor Nickens and carried by the following recorded vote: AYES: Supervisors Johnson, Robers, McGraw, Nickens, Garrett NAYS: None IN RE: CITIZENS' COMMENTS AND COMMUNICATIONS 1. Becky Sparks who 1 i ves at the proposed Boones Chapel landfill site asked that the County staff and Olver staff not come on the property she rents on Boones Chapel Landfill Site without contacting her first. Chairman Garrett directed the County Administrator to inform the proper individuals not to go on her land without first contacting her. 2. Deborah Zamorski asked for time on June 27 agenda to make a presentation. Chairman Garrett asked Ms. Zamorski to make the necessary arrangements with the Deputy to be placed on the agenda. 3. Roxie Fisher, 8691 Boones Chapel Road, asked if the Board was aware of the flooding problems in the Boones Chapel proposed landfill site. Mr. Hodge responded that the County was aware of the water problems at the Boones Chapel site. IN RE: OTHER BUSINESS 84 2 Supervisor Robers announced he had received a letter from the Virginia Department of Transportation addressing the traffic concerns raised by the citizens in Georgetown Park. IN RE: ADJOURNMENT At 8:00 p.m., Supervisor Johnson moved to adjourn. The motion was seconded by Supervisor Nickens and carried by a unanimous voice vote. -fýaJ( Lee Garrett, Chairman / / / / I I / l / /