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HomeMy WebLinkAbout10/24/1989 - Regular October 24, 1989 210 -- ==:::I i Roanoke County Board of Supervisors Roanoke County Administration Center 3738 Brambleton Avenue, s.w. Roanoke, Virginia 24018 October 24, 1989 The Roanoke County Board of Supervisors of Roanoke County, Virginia, met this day at the Roanoke County Administration Center, this being the second Tuesday, and the second regularly scheduled meeting of the month of October, 1989. IN RE: CALL TO ORDER Chairman Garrett called the meeting to order at 3: 05 p. m. The roll call was taken. Supervisor Nickens arrived at 3:07 p.m. 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; Joseph Obenshain, Senior Assistant County Attorney; Paul M. Mahoney, County Attorney; Brenda J. Holton, Deputy Clerk; 21 1 October 24, 1989 f:== IN RE: OPENING CEREMONIES The invocation was given by the Reverend Sam Crews of Coopers Cove Baptist Church. The Pledge of Allegiance was recited by all present. IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS ~ Recoqnition of the Landfill citizens Advisory Committee for winninq the Virqinia citizens Planning Association Award. County Administrator Elmer Hodge expressed appreciation for the efforts of all the citizens who were involved in the process of citing the landfill. This community involvement was very successful and helped make the process go more smoothly. Assistant County Administrator John Hubbard advised that the Roanoke County Landfill citizens Advisory Board was the recipient of the 1989 Virginia Citizens Planning Association Award at their state meeting in October, and recognized the unique part that the LCAC played in the overall landfill citing process. Mr. Hubbard introduced those members of the committee who were present and recognized all members of the committee. ~ Virginia Municipal Leaque Achievement Awards: ( 1 Environmental Qua1itv, (2) Community Development Chairman Garrett displayed the two awards which were recently received from the Virginia Municipal League at their annual meeting. October 24, 1989 212 ~ Supervisor Johnson advised that the Hollins Community Project, a joint venture with Botetourt County, was awarded recognition along with the Source Separation Recycling Project. These two projects were also honored when Roanoke County received the All America City Award. IN RE: NEW BUSINESS ~ Request from the Planning commission for an Interstate 81 Corridor Study. A-102489-1 Mr. Harrington presented a resolution from the Planning Commission supporting the funding and preparation of an 1-81 Corridor Analysis and Plan. The Planning Commission felt that the 1-81 Corridor is a vital transportation link for Roanoke County and a significant community resource. In order to maximize the potential of this resource, they recommended that a comprehensive analysis of this corridor should be undertaken. This evaluation will probably take a minimum of six months to complete. Supervisor McGraw advised that the Roanoke Valley Cooperation Committee met recently with other governments and the highway department and identified this as a needed project. He felt that this should be expanded to include other governments if they would like to participate, particularly Montgomery County. Supervisor McGraw moved that the request for funding be approved and to go forward asking other governments to participate. The motion was seconded by Supervisor Robers. 213 October 24, 1989 = After discussion, Supervisor McGraw amended his motion to approve the request to undertake the study with funding to be taken from the economic development budget for this year, not to exceed $25,000; and that the county administrator extend an invitation to other governments including Montgomery County to participate. The motion was seconded by supervisor Robers and carried by the following recorded vote: AYES: Supervisors Johnson, Robers, McGraw, Nickens, Garrett NAYS: None ~ Ratification of certain terms of $1,115,000 General obligation School Bonds. R-192489-2 Finance Director Diane Hyatt advised that it is necessary to ratify the interest rate and other terms related to school bonds previously approved and sold on October 19, 1989. The rates were favorable and averaged 6.9575 percent. There was no discussion. Supervisor Johnson moved to approve the 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 102489-2 RATIFYING CERTAIN TERMS OF $1,115,00 GENERAL OBLIGATION SCHOOL BONDS, SERIES 1989, OF THE COUNTY OF ROANOKE, VIRGINIA WHEREAS, this Board adopted an ordinance on September October 24, 1989 214 - - 12, 1989 ("Ordinance"), authorizing the issuance and sale of $1,115,000 General Obligation School Bonds, Series 1989, of the County of Roanoke, Virginia, ("Bonds") setting forth the form and details thereof and directing the County Administrator to accept the maturities and interest rates for the Bonds established by the Virginia Public School Authority; NOW, THEREFORE, BE IT RESOLVED: 1. The maturities and interest rates on the Bonds established by the County Administrator in the attached Certificate as to Interest Rates are hereby approved and ratified. 2. The Board determines that if it is in the best interests of the County to participate in the State Non-Arbitrage Program and to deposit the proceeds of the Bonds in the State Non-Arbitrage Program Pool I ("SNAP Pool I") pursuant to the Contract, dated as of January 16, 1989, creating the SNAP Pool I and such Contract is approved. The Treasurer and the County Administrator, or either of them, is each authorized to execute on behalf of the County such contracts and documents as may be necessary for such purpose. 3. This resolution shall take effect immediately. The undersigned Clerk of the Board of Supervisors of the County of Roanoke, Virginia, hereby certifies that the foregoing constitutes a true and correct copy of a resolution duly adopted at a meeting of the Board of Supervisors duly called and held on October 24, 1989. On motion of Supervisor Johnson, seconded by Supervisor Nickens, and carried by the following recorded vote: 21 5 October 24, 1989 = AYES: Supervisor Johnson, Robers, McGraw, Nickens, Garrett NAYS: None IN RE: REQUESTS FOR PUBLIC HEARING AND FIRST READING FOR REZONING ORDINANCES - CONSENT AGENDA Supervisor Johnson moved that the Consent Agenda, Requests for Public Hearings and First Reading for rezoning ordinances be approved and public hearings set for November 28, 1989. The motion was seconded by Supervisor Nickens and carried by the following recorded vote: AYES: Supervisor Johnson, Robers, McGraw, Nickens, Garrett NAYS: None 1. 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 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 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-1 to M-1 for industrial development with conditions upon the application of the Board of Supervisors of Roanoke County, Virginia. 3. 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-1 to M- 1 for mixed-use development with conditions upon the application of the Board of Supervisors of Roanoke County, Virginia. 4. 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 October 24, 1989 21 6 - = 5. 6. 7. IN RE: 643 and 1-81 in the Catawba Magisterial District from B-2 to M-1 for industrial development with conditions upon the application of the Board of Supervisors of Roanoke County, Virginia. 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. 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-1MH to M-1 for industrial development with conditions upon the application of the Board of Supervisors of Roanoke County, Virginia. An ordinance to issue a Use-Not-Provided-For Permit with conditions upon application of Gregory Pierce to operate a training/education center on approximately 72 acres of real estate located northwest of the intersection of Routes 637 and 631 in the Windsor Hills Magisterial District. PUBLIC HEARING AND SECOND READING OF ORDINANCES ~ Ordinance amending Sections 10-4 and 10-15 and addinq Section 10-19, Chapter 10, Licenses of the Roanoke County Code. 0-102489-3 Senior Assistant County Attorney Joe Obenshain advised that during the extensive revision of the current Business License Ordinance adopted on November 22, 1988, no explicit provision was included establishing criminal liability for failure to apply for a business license or file a business license tax return. The staff recommends approval of these amendments to provide this '2.'7 October 24, 1989 - >-- provision. There were no citizens requesting to speak. There was no discussion. supervisor Robers moved to approve 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 ORDINANCE 102489-3 AMENDING SECTIONS 10-4 AND 10-15 AND ADDING SECTION 10-19 OF CHAPTER 10, LICENSES, OF THE ROANOKE COUNTY CODE WHEREAS, the first reading of this ordinance was held on October 10, 1989; and the second reading and public hearing was held on October 24, 1989. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. Chapter 10, Licenses, of the Roanoke County Code is hereby amended as follows: Sec. 10-4. Application for license; duties unlawful penalties for operating a license. failinq to file an filinq false statements. of commissioner; business without application. or a) All persons embraced by this chapter, unless otherwise specifically provided, shall make application for licenses to the commissioner of the revenue by January 31 of each year. The commissioner of the revenue shall furnish the necessary forms, which shall be properly filled in with such information as the commissioner may require. Every applicant for a license to conduct any business, profession, trade, or occupation under the provisions of this chapter shall furnish the commissioner of the revenue in writing with his correct name and trade name; his October 24, 1989 218 -- ==:::I correct residence address; the nature of the business, profession, trade, or occupation to be pursued; the place where it is to be pursued; and a record of gross receipts verified by oath for the preceding twelve (12) months; as well as such other information as may be required by the commissioner of the revenue. The commissioner shall compute the amount of license tax and after payment shall issue the license, subject to zoning certification as provided in section 10-7. b) It shall be unlawful and a violation of this chapter for any person to operate a business. profession. trade. or occupation within the county without having first obtained a license in accordance with this section and before posting such license as required by section 10-13. Such violations shall constitute a class 1 misdemeanor. c) It shall be unlawful and a violation of this chapter for any person to make false statements with intent to defraud in any application, return, or affidavit required by this chapter. Such violation shall constitute (i) a class 3 misdemeanor if the amount of the tax lawfully assessed in connection with the return is $1,000 or less, or (ii) a class 1 misdemeanor if the amount of the tax lawfully assessed in connection with the return in more than $1,000. Upon conviction under this section, the commissioner of the revenue shall revoke all licenses of the business for the balance of the tax year. d) Any person. firm. or corporation holding a license under this chapter to operate any business shall forfeit such license immediately upon conviction by any court of competent iurisdiction in the Commonwealth of Virqinia of a violation of (i) section 18.2-248 relatinq to an imitation controlled substance or (ii) section 18.2-248.7 relating to money laundering. e) No license issued pursuant to this chapter shall be valid or effective unless and until the tax required shall be paid to the county treasurer and such payment shall be shown on the license. f) The commissioner of the revenue shall report monthly to the treasurer the aggregate amount of license taxes assessed during the month and placed in the hands of the treasurer for collection. State law reference - Code of Virginia Section 58.1-3916.1, 18.2- 248.6. Sec. 10-15. Certification of erroneous assessment; refunds when licensee ceases to do business. 219 October 24, 1989 r-- - a) The commissioner of the revenue is empowered to certify to the treasurer any instances of erroneous assessments. Upon receipt of such certificate the treasurer is directed to make a refund based upon the certificate of the commissioner of the revenue. b) Licenses issued under the provisions of article II of this chapter, except those measured by other than gross receipts or gross expenditures, shall be subject to refund where the licensee goes out of business before the end of the current license year subject to all of the following qualifications: License for the current 1 icense year must be based on gross receipts or gross expenditures obtained throughout the preceding calendar year. The reason for going-out-of-business is not connected in any manner with the violation of any state law or local ordinance or violation of any rules or regulations made pursuant thereto. The amount of refund shall be determined in the following manner: If the licensee goes out of business before the end of any month except December. the refund shall be calculated by dividing the tax paid for that year's license by a fraction in which the numerator shall be the number of months remaining in the calendar year followinq the month in which business ceases and the denominator is the number twelve (12); but in no case shall the refund reduce the tax below the minimum as provided by this code. Thc amount of refund 3hall be dctcrmincd in the following manner: If the licen3cc gocs out of busincss after January 1 and bcforc April 1, thc rcfund shall be sevcnty fivc (75~) percent of the tax paid; if thc licenscc gocs out of busincss on or aftcr April 1 and beforc July 1, the rcfund shall bc fifty (50~) pcrccnt of the tax paid; and if thc licensee gocs out of busincss on or after July 1 and before October 1, the refund shall bc t·.."cnty five (25%) percent of thc tax paid; but in no case shall the rcfund rcduce thc tax below thc minimum as provided by this codc. * * * * No refund shall be made of any minimum flat tax or of any other flat license fee not based on gross receipts. c) Refunds based on licensee going out of business shall be made in the same manner as herein provided for erroneous assessments. d) If any person seeking a refund is indebted to the county or any department or office thereof, or is indebted to any state constitutional office of the county for a local levy, the refund, or so much thereof as is necessary, shall first be applied 22 0 October 24, 1989 - -- to such indebtedness. e) Any person who has been properly issued a license may apply for a refund prior to the date upon which the license was to become effective by providing satisfactory evidence to the Commissioner of the Reyenue that the business was never commenced or the sale, show, performance, or exhibition will not take place. Upon being satisfied that such license was never in effect, the Commissioner of the Revenue may authorize a refund of the license fee less a thirty dollar ($30) processing fee. state Law Reference - Code of Virginia section 58.1-3980, 3981. 2. That Chapter 10, "Licenses," of the Roanoke County Code be, and hereby is, amended and reenacted by the addition of the following section to read and provide as follows: Sec. 10-18. Penalties. Any person who shall willfully fail or refuse to file a business license tax return as required by Section 10-4 shall be quilty of a violation of law. Upon conviction for such failure. the person shall be punished as a Class 3 misdemeanor if the amount of the tax lawfullY assessed in connection with the return is $1.000 or less and as a Class 1 misdemeanor if the amount of the tax lawfullY assessed in connection with the return is more than $1.000. State Law Reference--Code of Virginia, Section 58.1-3916.1 and Section 58.1-3700. 3. That this ordinance shall be in full force and effect on and after November 1, 1989. On motion of Supervisor Robers, seconded by Supervisor Nickens, and carried by the following recorded vote: AYES: Supervisor Johnson, Robers, McGraw, Nickens, Garrett NAYS: None ~ Ordinance amendinq Chapter 8, "Erosion and Sedi- ment Control", of the Roanoke County Code bv amending Section 8- 11 (a), "Control Measures Generallv" to provide for the adoption 22 1 October 24, 1989 - of stormwater management criteria: and Resolution adoptinq a new section of the Desiqn and Construction standards Manual entitled "stormwater Manaqement Criteria." Mr. Hodge requested that the board defer action on this item for thirty days for the staff to have additional meetings with the developers. Agreement has been reached on the ordinance but more time is needed to get that information out to the development community. This extension would be helpful to bring about the total support of the builders' communi ty for this ordinance. It has been agreed to leave the effective date of the ordinance the same as listed currently. Arnold Covey, Director of Development & Inspections, was present to answer questions as well as members of the building community. There were no citizens requesting to speak. Supervisor Nickens moved to continue the public hearing and consideration of second reading until the November 28th meeting. 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 requested that the staff bring back further information with specificity, particularly on the provision of going from 10/2 to 50/10 and show table regarding the drainage basin. IN RE: EXECUTIVE SESSION October 24, 1989 222 ====1 ~ I At 3:30 p.m., Supervisor Garrett moved to go into Executive Session pursuant to"the Code of Virginia Section 2.1-344. (a) to discuss a specific legal mater concerning Consolidation and the Town of Vinton and (b) sale of real estate. 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: OPEN SESSION Supervisor Garrett moved to return to Open Session at 4:15 p.m. The motion was seconded by Supervisor McGraw and carried by the following recorded vote: AYES: Supervisors Johnson, Robers, McGraw, Nickens, Garrett NAYS: None RESOLUTION 102489-4 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 22 3 October 24, 1989 - County, Virginia that such executive meeting was conducted in = I conformity with Virginia Law. NOW, THEREFORE BE IT RESOLVED, that the Board of supervisors of Roanoke County, Virginia hereby certifies that, to the best of each members knowledge: 1. Only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the executive meeting which this certification resolution applies, and 2. Only such public business matters as were identified in the motion convening the executive meeting were heard, discussed or considered by the Board of Supervisors of Roanoke County, Virginia. On motion of supervisor Garrett, seconded by Supervisor McGraw, and carried by the following recorded vote: AYES: Supervisor Johnson, Robers, McGraw, Nickens, Garrett NAYS: None IN RE: SECOND READING OF ORDINANCES ~ Ordinance authorizinq the sale of 10 acres in the Glenvar West section of Roanoke County. 0-102489-5 Economic Development Special ist Brian Duncan reported that staff has been negotiating with Atlantic and Pacific, Incorporated and an anonymous buyer. Mr. Duncan reported that October 24, 1989 22 4 - Atlantic and Pacific, Incorporated has agreed to purchase the ten acres for a total price of $230,000, and initiate engineering studies for the purpose of several companies locating at this si te. For this sale to be complete and to satisfy all the clients' needs, a pending rezoning of a portion of this tract from B-2 to M-1 has been filed with the Planning Commission. Staff is recommending that this sale be approved and the proceeds used to develop Green Hill Park. Mr. Duncan introduced Mr. Keith Frazer, President, and Mr. Keith Hanabass, General Manager, of Atlantic and Pacific, Incorporated. Atlantic and Pacific has agreed that they will make available additional acreage to the anonymous company and will not seek a profit on this acreage. Supervisor McGraw moved to approve the prepared ordinance and that no impediments be offered to the other industry's ability to come into the same area. The motion was seconded by Supervisor Nickens. Supervisor Nickens asked for a legal clarification with regard to the wording on the recommended use of the proceeds and advised that proceeds from sale of property should be directed to a capital account. After discussion and opinion from County Attorney Paul Mahoney, Supervisor McGraw restated his motion to approve and amend ordinance, paragraph #4, so that all proceeds from the sale would go to a capital fund account with the intent being that the proceeds will improve Green Hill Park facilities, and that an " 22 5 October 24, 1989 - - appropriation resolution would be brought back for funding of improvements at Green Hill Park at the November 15, 1989 meeting. The motion was seconded by supervisor Robers and carried by the following recorded vote: AYES: supervisors Johnson, Robers, McGraw, Nickens, Garrett NAYS: None Supervisor McGraw requested that the Parks & Recreation Advisory Committee be consulted to see if they are in agreement with the direction of this ordinance. ORDINANCE 102489-5 ACCEPTING AN OFFER FOR AND AUTHORIZING THE SALE OF 10 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 declared to be surplus and is being made available for other public uses, i.e. economic development; and 2. That pursuant to the provisions of section 18.04 of the Charter of Roanoke County, a first reading was held on September 26, 1989; and a second reading was held on October 24, 1989, concerning the sale and disposition of 10 acres, more or less, in the Glenvar West portion of Roanoke County (Shamrock field); and 3. That offers having been received for said October 24, 1989 226 - -- property, the offer of Atlantic and Pacific Inc. for Twenty-three Thousand Dollars ($23,000) per acre to purchase 10 acres, more or less, for Two Hundred Thirty Thousand Dollars ($230,000) is hereby accepted and all other offers are rejected; and 4. That all procecds from thc salc of this real cstate are to 5C allocatcd to the dcvclopment of Grcen Hill I"ark; That all proceeds from the sale of this real estate are to be placed in the capital facility account; and 5. 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 Attorney. On motion of Supervisor McGraw as amended in Paragraph #4, seconded by Supervisor Robers, and carried by the following recorded vote: AYES: Supervisor Johnson, Robers, McGraw, Nickens, Garrett NAYS: None IN RE: APPOINTMENTS ~ Industrial Development Authoritv Supervisor Robers nominated Bill Branch for reappointment to the Industrial Development Authority for another four-year term. ~ Planning Commission Supervisor McGraw nominated Wayland Winstead for 22 7 October 24, 1989 ~ . reappointment to the Roanoke County Planning commission for another four-year term, beginning January 1, 1990. IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS SUPERVISOR ROBERS: (1) He announced there will be a meeting during the week of November 17, 1989 with Dr. Graham to plan a trip from Northern Virginia to the Roanoke Valley for economic development purposes. (2) Reported on the responses several businesses had made to the recent letter regarding recy- cling and advised he was encouraged by the progress some are making in this area. (3) Announced a meeting on October 27, 1989 in Lexington with Ray Pethel, VDOT Commissioner, four experts from the U. S. Department of Transportation, and several others to discuss the Smart Highway. SUPERVI SOR MCGRAW: ( 1) Announced tha t VACO and VML will hold several more meetings and public hearings regarding the Grayson Commission. He reported on various reactions to the changes in the laws. (2) Adv ised that he disagreed with the article in the October issue of VIRGINIA REVIEW which scrutinizes state and elected officials for not responding to a survey conducted by the magazine. He stated that VACO did not review this erroneous article and it does not reflect the position of the organization. He further advised that VACO may sever ties with the magazine by the end of the year. October 24, 1989 228- ---, = SUPERVISOR GARRETT: ( 1) Presented a letter received from Ron Leichtweis concerning sewer and drainage problems on Grandin Road Extension. Supervisor Garrett moved to include this area off Route 410 as a top priority since work is already underway in the area. Supervisor Robers offered a substitute motion to refer the matter to staff. The substitute motion was seconded by Supervisor Nickens and carried by the following recorded vote: AYES: Supervisors Johnson, RObers, McGraw, Nickens NAYS: Supervisor Garrett. Mr. Hodge was directed to bring this back to the Board at the November 15th meeting. IN RE: CONSENT AGENDA Supervisor Johnson moved that the Consent Agenda be approved. The motion was seconded by Supervisor McGraw and carried by the following recorded vote: AYES: Supervisor Johnson, Robers, McGraw, Nickens, Garrett NAYS: None RESOLUTION NO. 102489-6 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM L - CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Roanoke 22 9 October 24, 1989 - - County, Virginia, as follows: 1. That certain section of the agenda of the Board of Supervisors for October 24, 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 3, inclusive, as follows: 1. Minutes of Meetings - December 13, 1988, January 4, 1989, January 10, 1989, January 24, 1Q89, February 14, 1989 2. Request for Approval of Raffle Permit - william Byrd High School Cheerleader Booster Club. 3. Request for acceptance of Twin Mountain Circle into the Virginia Department of Transportation Secondary System. 2. That the Clerk to the Board is hereby authorized and directed where required by law to set forth upon any of said items the separate vote tabulation for any such item pursuant to this resolution. On motion of Supervisor Johnson, seconded by supervisor McGraw, and carried by the following recorded vote: AYES: Supervisor Johnson, Robers, McGraw, Nickens, Garrett NAYS: None RESOLUTION 102489-6.b REQUESTING ACCEPTANCE OF TWIN MOUNTAIN CIRCLE INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY ROAD SYSTEM BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: October 24, 1989 23 0 ==:::i 1. That this matter came this day to be heard upon the proceedings herein, and upon the application of Twin Mountain Circle from Twin Mountain Drive (Route 1097) in an easterly direction to the cul-de-sac 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\maps known as Section 4 of Falling Creek Estates Subdivision which map was recorded in Plat Book 9, Page 119, of the records of the Clerk's Office of the Circuit Court of Roanoke County, Virginia, on October 13, 1978 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 road known as Twin Mountain Circle and which is shown on a certain sketch accompanying this Resolution, be, and the same is hereby established as public road 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 McGraw, and carried by the following recorded vote: AYES: Supervisor Johnson, Robers, McGraw, Nickens, Garrett NAYS: None 23 1 October 24, 1989 I:=::: 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 4. Statement of Expenditures and Income Analysis September 30, 1989 IN RE: ADJOURNMENT At 5:00 p.m., Supervisor Nickens moved to adjourn. The motion was seconded by Supervisor McGraw and carried by the following recorded vote: AYES: Supervisors Johnson, Robers, McGraw, Nickens, Garrett NAYS None . ," .....'·"r""-¥:' ~ :...~ ~ .~:~.' " .' ~~ Chairman