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HomeMy WebLinkAbout3/24/1987 - Regular March 24, 1987 870 ~ ---.-----.----,~~-.-- -,.--."----~.-..---.-. -~,~-_. -·~.,__.v..··____,·_·~___,~·,_·"_,~'_'.'_4_..~_"_ . - q- - ~.... -'--. -'_..,._~ .._._-,...~ ,~_.. Roanoke County Board of Supervisors Roanoke County Administration Center 3738 Brambleton Avenue, SW Roanoke, Virginia 24018 March 24, 1987 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 March, 1987. IN RE: CALL TO ORDER Chairman Johnson called the meeting to order at 3:05 p.m. The roll call was taken. MEMBERS PRESENT: Chairman Bob L. Johnson, Vice Chairman Lee Garrett, Supervisors Alan H. Brittle, Steven A. McGraw, Harry C. Nickens MEMBERS ABSENT: Steven A. McGraw (arrived at 3:07 p.m.) STAFF PRESENT: Elmer C. Hodge, County Administrator; John M. Chambliss, Assistant County Administrator for Management Services; John R. Hubbard, Assistant County Administrator of Public Facilities; Timothy W. Gubala, Assistant County Administrator for Economic Development; Paul M. Mahoney, County Attorney, Mary H. Allen, Deputy Clerk; J. Craddick Council, Director of Procurement; Clifford Craig, Director of Utilities; Alfred Anderson, County Treasurer IN RE: OPENING CEREMONIES The invocation was given by John M. Chambliss, Assistant County Administrator. The Pledge of Allegiance was recited by all present. 3711 March 24, 1987 IN RE: COUNTY ADMINISTRATOR'S COMMENTS Elmer C. Hodge, County Administrator announced that the Roanoke County Courthouse in Salem has been accepted into the virginia Historic Landmarks Register and a request has been forwarded for inclusion into the National Historic Register. Mr. Hodge also announced that the Virginia Chapter of the American Society of Public Administration has awarded to Rob Stalzer and the Planning Department an award for the Land Use Plan. This was a second place award. Youth Haven II received honorable mention in the same competition. IN RE REQUESTS TO POSTPONE, ADD, OR CHANGE THE ORDER 01 AGENDA ITEMS Chairman Johnson announced that Item J-7 on the Consent Agenda, Authorization to Request the Establishment of a SisteI Community Relationship with Hasselt, Belgium has been deletec from the Agenda. IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS I. Approval to proclaim April 6. 1987 as TRIUMPH DAY in the Roanoke Valley: Assistant County Administrator JOhI Chambliss announced that the Southwest virginia Community Foo( Bank has requested the County of Roanoke to join with the City 0 Salem, city of Roanoke and Town of Vinton in declaring Monday April 6, 1987 as Triumph Day. This would be a joint effort 0 all valley governments to participate in a unified collection 0 food and personal care items to meet the needs of tht disadvantaged of the valley. There will be a joint signin ceremony on March 27th at 1:00 p.m. and staff recommends tha Chairman Johnson be authorized to sign the joint proclamation. March 24, 1987 .;.. <or-. 872,' _ _. ~__·._k Supervisor Garrett moved that the Board approve th staff recommendation. The motion was seconded by Superviso Brittle and carried by the following recorded vote: AYES: Supervisors Brittle, Garrett, McGraw, Nickens, Johnson NAYS: None 2. Resolutions of Appreciation: Chairman Brittl presented Resolutions of Appreciation to Ruby Spradling and Alic Crotts of Social Services, and Ruby Testerman of the Healt Department upon their retirement. Ms. Spradling, Ms. Crott an Ms. Testerman were present. RESOLUTION 32487-1 OF APPRECIATION TO ALICE CROTTS FOR 18 1/2 YEARS OF SERVICE TO ROANOKE COUNTY BE IT RESOLVED by the Board of Supervisors of Roanok County, Virginia, as follows: WHEREAS, Alice M. Crotts was first employed in Augus of 1968 as Clerk-Typist in the Department of Social Services; and WHEREAS, Alice M. Crotts has also served as a Eligibility Worker and as a Senior Eligibility Worker supervisin the medicaid unit; and NOW, THEREFORE, BE IT RESOLVED that the Board 0 Supervisors of Roanoke County expresses its deepest appreciatio and the appreciation of the citizens of Roanoke County to Alic M. Crotts for 18 1/2 years of capable, loyal and dedicate service to Roanoke County. FURTHER, the Board of Supervisors does express its bes wishes for a happy, restful and productive retirement. On motion of Supervisor Garrett, seconded by Superviso Brittle, and carried by the following recorded vote: AYES: Supervisors Brittle, Garrett, McGraw, Nickens, Johnson NAYS: None RESOLUTION 32487-2 OF APPRECIATION TO RUBY SPRADLING FOR 18 YEARS OF SERVICE TO ROANOKE COUNTY 37 3 ~ March 24, 1987 BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: WHEREAS, Ruby S. Spradling was first employed in December of 1968 as Clerk-Typist in the Department of Social Services; and WHEREAS, Ruby S. Spradling has also served as Clerical Supervisor and as Administrative Manager since 1973; and NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County expresses its deepest appreciation and the appreciation of the citizens of Roanoke County to Ruby S. Spradling for 18 years of capable, loyal and dedicated service to Roanoke County. FURTHER, the Board of Supervisors does express its best wishes for a happy, restful and productive retirement. On motion of Supervisor Garrett, seconded by Supervisor Brittle, and carried by the following recorded vote: AYES: Supervisors Brittle, Garrett, McGraw, Nickens, Johnson NAYS: None RESOLUTION 32487-3 OF APPRECIATION TO RUBY TESTERMAN FOR 33 YEARS OF SERVICE TO ROANOKE COUNTY BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: WHEREAS, Ruby Testerman was the first Public Health Nurse hired in Roanoke County on July IS, 1954; and WHEREAS, she has been with the State Health Department for a total of 37 years, having served in other localities prior to coming to Roanoke County; and WHEREAS, she has held the position of Public Health Nurse Supervisor since February I, 1956; and WHEREAS, special recognition should be given to her for her dedicated service and contributions provided to the public during the Polio epidemic of the 1950's and toward control of r ;J ~'ì' 11 March 24, 1987 '--'--',- - .-.» -,......---..«,..-....- - .-.' '-'-..- -.- Tuberculosis; and for her involvement with service agencies sucl as the League of Older Americans, Nursing Home Friends, Menta Health Services and the Coordinating Council; and NOW, THEREFORE BE IT RESOLVED that the Board 0 Supervisors of Roanoke County expresses its deepest appreciatior and the appreciation of the citizens of Roanoke County to Rub~ Testerman for her many years of capable, loyal and dedicatec service to Roanoke County. FURTHER, the Board of Supervisors does express its best wishes for a happy, restful and productive retirement. On motion of Supervisor Garrett, seconded by Superviso Brittle, and carried by the following recorded vote: AYES: Supervisors Brittle, Garrett, McGraw, Nickens, Johnson NAYS: None 3. Resolution of Appreciation to Members of the Media for their Support of Crime Line: Chairman JohnsoI presented Resolutions of Appreciation to WDBJ-TV, WSET-TV WSLS-TV, The Roanoke Tribune, The Roanoke Times & World News K-92 Radio, WPVR/WFIR Radio, WROV Radio, and Cox Cable fOl devoting a portion of their public service air time to Crime Line Representatives from each of these media were present to receivE their Resolutions. RESOLUTION 32487-4 OF APPRECIATION TO WDBJ-TV, WSET-TV, WSLS-TV, THE ROANOKE TRIBUNE, THE ROANOKE TIMES & WORLD NEWS, K-92 RADIO, WPVR/WFIR RADIO, WROV RADIO, AND COX CABLE TV FOR THEIR SUPPORT OF CRIME LINE IN THE ROANOKE VALLEY BE IT RESOLVED by the Board of Supervisors of RoanokE County, Virginia, as follows: WHEREAS, these local media have devoted a portion 0 their public service air time to Crime Line; and WHEREAS, these local media, through their communit service efforts, have helped to deter local crime; and 375; March 24, 1987 WHEREAS, such supportive efforts have helped to make the Roanoke Valley a safer place to live, and enhanced the quality of life for all its citizens; and NOW, THEREFORE BE IT RESOLVED that the Roanoke County Board of Supervisors does hereby commend the special spirit of cooperation that these local media have exhibited in their contributions to Crime Line, a special valley-wide endeavor. FURTHER, the Roanoke County Board of Supervisors expresses its appreciation to the local media for their interest and support of this important project. On motion of Supervisor Garrett, seconded by Supervisor Brittle, and carried by the following recorded vote: AYES: Supervisors Brittle, Garrett, McGraw, Nickens, Johnson NA YS : None 4. Proclamation Declaring the Week of AprilS through II as the WEEK OF THE YOUNG CHILD IN Roanoke County: Chairman Johnson presented the Proclamation to Serina Paynter of the Southwest Virginia Association for Early Childhood Education. IN RE: NEW BUSINESS I. Reouest from Roanoke Colleqe to Purchase the Old Courthouse: County Administrator Elmer Hodge announced that Roanoke College has expressed an interest in purchasing the Old Courthouse for educational uses and administrative offices. This gives the County an opportunity to accomplish several things at once. It is an opportunity to preserve a landmark of the valley and at the same time to be of assistance to Roanoke College. They have agreed to maintain the historic nature of the Courthouse. Mr. Hodge stated that the Salem City Council and the Salem Historical Society both support this purchase. Roanoke College has to ability to raise the funds to remodel and maintain March 24, 1987 .8~6. _._.,,---_.._"..~~----._-".._-~--,.-,--,.._-_.-.- the facility, while Roanoke County will not be able to do so fo the next five years. Mr. Hodge pointed out that it would cos the County an estimated $1.5 to 2 million dollars to renovate th Courthouse, and the operating costs are approximately $40,000 pe year. Mr. Hodge introduced Dr. Norman Fintel, President 0 Roanoke College, who was available for questions. Dr. Finte stated he appreciated the County's willingness to consider thei request. Roanoke College's long range plans include a ne business administration building to be built in the future, th opportunity to purchase the Courthouse would be ideal for thi purpose. Mr. Hodge stated that the County Charter requires tha the sale of real estate is accomplished by a first and secon reading of an ordinance. The first reading concerning the sal of the Courthouse will be at 7:00 this evening. He recommende that the County commence with the sale following the prope procedures outlined in the County Charter. Supervisor Brittle moved to approve the staff' recommendation and proceed with the first reading. The motio was seconded by Supervisor McGraw and carried by the followin recorded vote: AYES: Supervisors Brittle, Garrett, McGraw, Nickens, Johnson NAYS: None 2. Protest of Bid for Ex Mason Cove Public Safety Building by Breakell, Inc.: Mr. Hodge explained tha the 1985 bond referendum appropriated funds for the expansion 0 the Mason Cove Public Safety Building. In November 198 Procurement forwarded bid packages for this expansion t seventeen firms, and a pre-bid conference was held on Novembe 24, 1986. There were seven firms who responded to the request for proposal, and an evaluation team studied the proposals. Th S~1·~ March 24, 1987 firm protesting the bid, Breakell was the highest bidder, and was $50,000 higher than the low bid. Gene Elliott, an attorney representing Breakell, Inc. presented information concerning the protest of the bid. He stated that their concern was the way the bid was advertised and awarded. This was a "design-build" project in which the contractor does not go by a prepared set of specifications, but rather receives a conceptual drawing. Mr. Elliott felt that the plan as specified contained numerous building code violations. The bid went to the low bidder because the bid price was the only criteria on which the bid was awarded. According to Mr. Elliott, Procurement stated in meetings with Breakell that this was not a design-build project, but a fixed bid project. Breakell feels that if you advertise a project as "design-build" and then evaluate it as a fixed-price and award to the low bidder, it is arbitrary and capricious. Breakell is requesting that the contract be enjoined from going forth if no work has begun, and if the work has begun, that the contract be voided, and the project be rebid. Supervisor Brittle asked if Breakell was present at the pre-bid conference. Mr. Elliot responded that he was. Supervisor Nickens asked how Breakell knew there was a pre-bid conference. Mr. Breakell, who was also present, responded that this information was included in the invitation to bid. Mr. Hodge stated that the County was looking for a firm that would design and build the project. The other six firms were aware of this. Supervisor Nickens asked County Attorney Paul Mahoney if the County was legally correct in their bid process of awarding the contract to the low bidder. Mr. Mahoney responded that staff has reviewed the state and county code provisions, the procedures followed, and the documents submitted to the bidders. He felt March 24, 1987 .~ 3"'.8 1 '-''''~''-~._- - _" u___.. "~'M___.._ ,_ < - - _......- that the County was within both the spirit and intent of both the Virginia Procurement Act and the County Code. Supervisor McGraw moved to accept the lowest responsibl bidder. The motion was seconded by Supervisor Johnson an carried by the following recorded vote: AYES: Supervisors Brittle, Garrett, McGraw, Nickens, Johnson NAYS: None 3. Re uest for Authorization to Ac on Certain Properties in the Vicinity of the Regional Landfill: County Administrator Elmer C. Hodge reported that the County has been working with the River Project through community meetings with the residents involved. The River Foundation has redesigne their project to exclude properties with houses on them. Th County has also been meeting with the Regional Landfill Board t study alternatives available other than expansion of the presen landfill. The Board discussed in Executive Session th possibility of acquiring an option on property in the vicinity 0 the Regional Landfill. Staff from the County Attorney's Offic have met with representatives of that property. Mr. Hodg requested that the Board authorize staff to proceed with th option, and notify the City of Roanoke and the Town of vinto that they are going forward with the process. Supervisor Johnson pointed out that the Board wa securing future economic development efforts in the County b attempting to acquire the option. Supervisor Nickens moved to approve the staf recommendation. The motion was seconded by Supervisor Brittl and carried by the following recorded vote. 4. A roval to transfer Funds for Continuation of Sewer Projects: Director of Utilities Clifford Craig state that the County is working on four sewer projects which were t be funded by unissued sewer bonds, including the Roanoke Rive ~ .. ~~ ., March 24, 1987 Phase II, Ore Branch Interceptor and Starkey Pump Station/Force Main, and the Castle rock Submain. The Roanoke River Phase II project has funding from the sale of these bonds, but the other three projects have not been funded yet. Staff is requesting the - Board's approval to transfer $191,580 from the Roanoke River phase II project into the other three projects in order to complete them. When the bonds are sold, the transferred funds will be returned to the Roanoke River Phase II project. Supervisor McGraw moved to approve the staff recommendation. THe motion was seconded by Supervisor Nickens and carried by the following recorded vote: AYES: Supervisors Brittle, Garrett, McGraw, Nickens, Johnson NAYS: None 5. Approval of County Share of the Funding of a Survey of Airport Property before transferring Property to the - Regional Airport Commission: Supervisor Garrett announced this was the first step in conveying the property to the Regional Airport Commission. Chairman Johnson noted that the $13,244.00 which the County's share of the cost to obtain the survey firm will come from the Supervisors Contingency Fund. He also stated that this was in accordance with the Contract. In response to a question from Supervisor McGraw, he also stated that he did not anticipate further expenses related to this. Supervisor Garrett moved that $13,224.00 be appropriated for the survey and that the City of Roanoke be authorized to proceed. The motion was seconded by Supervisor Brittle and carried by the following recorded vote: - AYES: NAYS: Supervisor Brittle, Garrett, McGraw, Nickens, Johnson None 6 . Request for Approval for pilot Project for Source Separation/Recvcle Prooram: Director of Utilities Clifford Craig reported that the Clean Valley Council has requested that · . March 24, 1987 880,_ --- -.... -'.'-.--- ~--,._-"."._"-'''~- .,----,'.-.. --. -- - .. .."- ~_._"_. Roanoke County participate in, and partially fund, a pilot recycling project for 100 homes. The participants would be provided with baskets for aluminum, glass and newspaper. The County would then collect these recycled materials and take them to a point where they would be sold. The cost to Roanoke county would be $25,600, with a net cost after sale of the recycled material of $16,193. Mr. Craig felt that if the pilot project were expanded to 3,000 homes, the County's cost would not increase, but the revenue would be doubled from the items collected and savings at the landfill, and the project would be cost effective. There is presently no money available in this or next year's budget to fund this program. Pam Berg, 2618 Charing Cross Drive was present to represent Clean Valley Council and speak in support of the proposed project. She announced that by increasing the number of homes served to 3,000, it would increase the cost of the bins by $40,000, and Clean Valley Council could not secure the additional bins. They have received a $12,692 grant from the Virginia Environmental Endowment, contingent that the Clean Valley Committee find the other 50 percent funding, and that Roanoke County budget their portion of the project. Owens-Illinois has agreed to fund part of the remaining $12,000. Both Supervisor Johnson and Supervisor Brittle voiced their support for this project and hoped that it could be kept alive through the budget process. Supervisor McGraw moved that this request be tabled for further discussion in the budget process. The motion was seconded by Supervisor Nickens and carried by a unanimous voice vote. 7. Request from the School Board to apply for Supplemental Literary Loans for William Byrd High School, Northside High School and Glenvar High School: Homer Duff with the Roanoke County Schools announced that the School Board ~ \~~\ . , March 24, 1987 would like to apply for supplemental literary loans for construction projects on several schools. This is a continuation of the Capital Improvement Program. The projected costs of these projects is now available, and the School Board is requesting - approval from the Board of Supervisors to submit these supplemental applications in the amount of $222,000.00 Supervisor Nickens moved to approve the School Board's request to apply for supplemental literary loans. The motion was seconded by Supervisor McGraw and carried by the following recorded vote: AYES: Supervisors Brittle, Garrett, McGraw, Nickens, Johnson NAYS: None 8. Request from the School Board to apply for Supplemental Literary Loan for addition to Cave Spring Elementary School: Mr. Duff reported this was a similar request as the request that was just approved. The project was submitted in -. 1982, and has now been bid and awarded by the School Board. The School Board is requesting approval to apply for the supplemental loan in the amount of $175,000.00 through the virginia Literary Loan Fund. John Chambliss, Assistant County Administrator for Management Services stated reimbursement of this loan will not begin until the 1988-89 fiscal year. Supervisor Johnson moved to table this request until April 7, 1987, and stated he was aware of the possible legal implications. The motion was seconded by Supervisor Garrett. Supervisor McGraw asked Mr. Duff what type of problems could be caused by tabling this issue. Mr. Duff responded that - the contract is now in place. If the contract could not be continued, the School Board would have to consult with the County Attorney on the legal options, and would have to face the legal consequences with the contractor. Another problem would be the March 24, 1987 S 8 S,,:, ,.-,....~~. - - ~-'- _·_-~-·"·~·--"·__",·····_______.__U_"__._._._._.__..~._ AYES: NAYS: negative impact on the educational program of the County schools, particularly Cave Spring Elementary School. Supervisor Johnson stated his reason for tabling th request was not to deny funding for Cave Spring Elementary School but to give the School Board and the Board of Supervisors a opportunity to create a dialogue. The motion carried by the following recorded vote: Supervisors Brittle, Garrett, McGraw, Nickens, Johnson, None 9. Resolution the Desi n and Constructions Standards for Water facilities: Clifford Craig, Director 0 Utilities, reported that these water standards are proposed t apply to all water systems except individual systems. Th standards call for minimum sizes, pressure and flow for fir protection. The staff recommends that these standards be adopte by resolution. Supervisor Brittle moved to table this issue to allo the Homebuilders to meet with Mr. Craig to discuss thei concerns, but the effective date of the resolution and ordinanc when approved would be today. The motion was seconded b Supervisor Nickens and carried by a unanimous voice vote. IO. Ac uisition of an Automated Cashierin for the Treasurer's Office: County Treasurer Alfred Anderso presented this request for a proposal for an automated cashierin system which would increase productivity by allowing faster clos outs by the cashiers, provide an automatic interface through th County's computer system and greatly enhance the internal controls of the County's financial system. $25,000 has bee included in the 1987/88 fiscal year budget to cover the leas purchase for this system. Supervisor Johnson moved to approve this request. Th motion was seconded by Supervisor Brittle and carried by th following recorded vote: ,; 3 ß' 3: 1\ March 24, 1987 AYES: Supervisors Brittle, Garrett, McGraw, Nickens, Johnson NAYS: None IN RE: REQUESTS FOR WORK SESSIONS Chairman Johnson requested a work session with the School Board to discuss several matters. IN RE: APPOINTMENTS Supervisor Garrett asked to move Appointments for discussion under Item J-5 of the Consent Agenda. IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS Supervisor Brittle: Proposed the establishment of an advisory ad hoc committee to be composed of one business person from each magisterial district, appointed by the supervisors. This committee would assist the County members of the Regional Airport in their decision-making. Chairman Johnson requested this be placed on the April 14, 1987 agenda for board discussion. IN RE CONSENT AGENDA Supervisor Garrett requested that Item 5 be removed for discussion. Supervisor Johnson moved that the Consent Agenda be approved with the deletion of Item 7 and the removal of Item 5 for discussion. The motion was seconded by Supervisor Nickens. RESOLUTION NO. 32487-15 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA March 24, 1987 :J844 - ~",-- -- ,_ _,,_ '_"'_~"".'~_ h. FOR THIS DATE DESIGNATED AS ITEM J - CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: I. That that certain section of the agenda of the Board of Supervisors for March 24, 1987, 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 I through II, inclusive, as follows: 1. Minutes of Meeting - March 6, 1987, March 10, 1987. 2. Approval from the Virginia Department of Transportation to add Route 1505 (Landview Drive) from Route 689 to a northwest cul-de-sac to the Secondary System. 3. Acceptance of deed from Cave Spring Baptist Church conveying sewer lines to Roanoke County. 4. Authorization to transfer three vehicles from Roanoke County to the County School Board. 5. Confirmation of Committee Appointments to the Court Service Unit Advisory Council/Youth and Family Services Advisory Board. 6. Establishment of a Flexible benefits Plan for County Employees. 7. Att~fið~f~a~fðfl ~ð Reqttes~ ~fie Es~ab%fsfiffiefl~ ðf a Sfs~e~ eðffiffittflf~y Re%a~fðflSfifp wf~fi HaSSe%~7 Be%g-fttffi":' 8. Approval of request for State Compensation Board funding of certain positions in the Sheriff's Department. 9. Finalization of the County Holiday Schedule for 1987. 10. Request for Approval to issue Credit against Off-site Facility Fees for Chaparral Forest. II. Approval to use proceeds from "Cooks Bottom" sale for Improvements to the Public Service Center. 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. i£¡1[,:, \ March 24, 1987 On motion of Supervisor Johnson, after the deletion of Item J-7 and removal of Item J-5 for discussion; seconded by Supervisor Nickens, and carried by the following recorded vote: AYES: Supervisors Brittle, Garrett, McGraw, Nickens, Johnson NAYS: None RESOLUTION 32487-15.C REQUESTING THE STATE COMPENSATION BOARD TO AUTHORIZE CERTAIN ADDITIONAL PERSONNEL IN THE SHERIFF'S DEPARTMENT OF ROANOKE COUNTY BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: I. That the Board does hereby request the State Compensation Board to authorize the following additional personnel for the Sheriff's Department of Roanoke County, virginia, to-wit: (a) Five Dispatchers (b) One Secretary (c) One part-time Secretary (d) One Circuit Court of Appeals Bailiff 2. That the County does hereby express its intent to place in its 1987-88 fiscal year budget funds sufficient to fund its portion of the cost and expense of such additional positions; and 3. That the County requests the Compensation Board to fund the entire budget of the Sheriff's Department as presented; and 4. That an attested copy of this resolution be forthwith forwarded to the Sheriff of Roanoke County and to the State Compensation Board. On motion of Supervisor Johnson, seconded by Supervisor Nickens and the following recorded vote: AYES: Brittle, Garrett, McGraw, Nickens, Johnson NAYS: None March 24, 1987 i; 8'8'.6 '.'" -'~,~...<._..._~- -- Supervisor Garrett requested that James Sanders b~ confirmed as a member of the Court Service Unit Advisor Council/Youth and Family Services Advisory Board, representatin< the Windsor Hills Magisterial District. Supervisor Johnson moved that Item J-5 amended a~ Supervisor Garrett requested be approved. The motion was seconde( by Supervisor Nickens and the following recorded vote: AYES: Supervisors Brittle, Garrett, McGraw, Nickens, Johnson NAYS: None IN RE REPORTS: The following reports were received and filed: I. Board Contingency Fund 2. General Operating Fund Income and Expense Analysi for the Month ended February 28, 1987. IN RE EXECUTIVE SESSION: Chairman Johnson moved to go into Executive Sessio pursuant to the Code of Virginia Section 2.1-344 (a) (2) an (6) to discuss acquisition of land and a legal matter. Th4 motion was seconded by Supervisor Garrett and carried by th following recorded vote: AYES: Supervisors Brittle, Garrett, McGraw, Nickens, Johnson NAYS: None IN RE OPEN SESSION At 5:15 p.m. Supervisor Johnson moved to return to Ope Session. The motion was seconded by Supervisor Garrett an4 carried by the following recorded vote: YES: Supervisors Brittle, Garrett, McGraw, Nickens, Johnson NAYS: None - ~ ~ß 1-" March 24, 1987 IN RE DINNER RECESS: At 5:16 p.m. Chairman Johnson declared a dinner recess. - IN RE EVENING SESSION: At 7:03 p.m., Chairman Johnson called the meeting back to order. IN RE FIRST READING OF ORDINANCES I. Ordinance Accepting an Offer for and Authorizing the sale of real estate, the Old Courthouse in Salem, virginia: County Administrator Elmer Hodge, announced that the -- Board of Supervisors approved proceeding with the sale of the Old Courthouse to Roanoke College during the afternoon session. He reviewed the discussion that was held at that time. The second reading of this ordinance will be April 14, 1987. Supervisor Brittle moved to approve the first reading of the ordinance. The motion was seconded by Supervisor Garrett and carried by the following recorded vote: AYES: Supervisors Brittle, Garrett, McGraw, Nickens, Johnson NAYS: None 2. Ordinance authorizing the acquisition of easements, North Lakes Water Line Interconnection projects: County Attorney Paul Mahoney stated that it is - necessary to authorize the acquisition of five easements to complete the North Lakes Water Line Interconnection Project. The second reading will be April 14, 1987. .;, March 24, 1987 - :--3,8 8, ~, ..~~- ..--- --. - Supervisor Johnson moved to approve the first readin of the ordinance. The motion was seconded by Supervisor McGra and carried by the following recorded vote: AYES: Supervisors Brittle, Garrett, McGraw, Nickens, Johnson NAYS: None IN RE SECOND READING OF ORDINANCES I. Ordinance amendin section 20.1-11 of the Roanoke Count Code (1971) b Sub-section (a) (b), and (c) pertaining to certain standards and specifications: Supervisor Johnson moved to table this ordinance unti April 7, 1987 so that staff may discuss concerns with th Homebuilders Association. The motion was seconded by Superviso Nickens and carried by a unanimous voice vote. 2 . Ordinance authorizin the conve ance of a roximatel 32 acres of real estate from the Board of Su ervisors of Roanoke Count to the Count School Board of Roanoke County, Virginia: County Attorney Paul Mahoney reported that the inten of this ordinance is to authorize the conveyance of 32 acres 0 real estate in the Glenvar area of the County to the School Boar Supervisor McGraw moved to approve the second readin for their future use for educational purposes. of the ordinance. The motion was seconded by Supervisor Brittle. ORDINANCE 32487-16 AUTHORIZING THE CONVEYANCE OF APPROXIMATELY 32 ACRES OF REAL ESTATE FROM THE BOARD OF SUPERVISORS OF ROANOKE COUNTY TO THE COUNTY SCHOOL BOARD OF ROANOKE COUNTY, VIRGINIA BE IT ORDAINED by the Board of Supervisors of Roanok County, Virginia, as follows: I. That pursuant to the provisions of Section 18.04 0 the Charter of Roanoke County, a first reading on the dispositio · ~'Õ9 \ March 24, 1987 and conveyance of the hereinafter-described real estate was held on March 10, 1987. A second reading on this matter was held on March 24, 1987. This real estate is located west of Salem, adjoining Glenvar High School; and 2. That the conveyance of approximately 32 acres of real estate from the Board of Supervisors of Roanoke County to the County School Board of Roanoke County is hereby authorized and approved; and 3. 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 this property, all of which shall be upon form approved by the County Attorney. On motion of Supervisor McGraw, seconded by Supervisor Brittle, and carried by the following recorded vote: AYES: Supervisors Brittle, Garrett, McGraw, Nickens, Johnson NAYS: None 3. Ordinance accepting an offer for and authorizing the conveyance of surplus real estate on Route 601 (Old Hollins Road: Mr. Mahoney stated that the Highway Department would like to acquire additional right-or-way on Old Hollins Road, near the AMP site. The Highway Department has offered $3,450 to acquire the land. This Ordinance will authorize the County Administrator to execute the necessary documents to go forward with this conveyance. Supervisor Johnson moved to approve the ordinance. The motion was seconded by Supervisor McGraw. ORDINANCE 32487-17 ACCEPTING AN OFFER FOR AND AUTHORIZING THE CONVEYANCE OF SURPLUS REAL ESTATE ON ROUTE 601 (OLD HOLLINS ROAD) BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1390 March 24, 1987 -----,._-~,- .. -.~_..,-,._-,_.~-,,- -'-.~-'-''''-,,~.~ '-_______. ~_h·__·.~_,_. __, -_._-'-_.~-- - "-- - ._-~ _____ "__ v_..____ . __ ____~ __.~_"'_"___._.___ I. That pursuant to the provisions of Section 18.04 0 the Charter of Roanoke County, a first reading concerning th sale and disposition of the hereinafter-described real estat was held on March 10, 1987. A second reading was held on Marc 24, 1987. This real estate is located on Route 601 (Old Hollin Road) and consists of 0.093 acre of land in fee, 0.003 acre i permanent easement, 0.153 acre in temporary easement, and an addi tional utility easement; and 2. That offers having been received for this surplu real estate on Route 601 (Old Hollins Road), the offer of th Virginia Department of Transportation in the amount of $3,450.0 is hereby accepted and all other offers are rejected; and 3. That the County Administrator is authorized to exe cute such documents and take such actions on behalf of Roanok County as are necessary to accomplish the conveyance of said pro perty, all of which shall be upon form approved by the Count Attorney. On motion of Supervisor Johnson, seconded by Superviso McGraw, and carried by the following recorded vote: AYES: Supervisors Brittle, Garrett, McGraw, Nickens, Johnson 4. Ordinance amendin Section 21-52 (e) of the Roanoke Code ertainin to Use Value Assessment Revalidatio Supervisor Garrett moved to approve the second readi Fees: Mr. Mahoney announced this ordinance amends the Coun Code in order to bring it into compliance with the State Cod . It changes the revalidation process from a five-year interval a six-year interval as provided in the State Code. of the ordinance. The motion was seconded by Supervisor Britt e and carried by a unanimous recorded vote. ORDINANCE 32487-18 AMENDING SECTION 21-52(e) OF THE ROANOKE COUNTY CODE PERTAINING TO USE VALUE ASSESSMENT REVALIDATION FEES ,-;~~\. ~ . a.. .' ., ~v March 24, 1987 WHEREAS, pursuant to the provisions of Section 18.04 of the Charter of Roanoke County, a first reading was held on March 10, 1987, a second reading was held on March 24, 1987, and a public hearing was held on March 24, 1987, concerning an ordinance amending Section 21-52(e) of the Roanoke County Code pertaining to use value assessment revalidation fees; WHEREAS, Section 21-52(a), Article III, Division 2 of Chapter 21 of the Roanoke County Code provides for property owners to submit an application for taxation on the basis of use assessment; and WHEREAS, Section 21-52(e), Article III, Division 2 of Chapter 21 of the Roanoke County Code provides that property owners must revalidate annually with the County Assessor any such application previously approved and imposes a revalidation fee at a five-year (5) interval; and WHEREAS, Section 58.1-3234 of the Code of Virginia (1950) as amended, authorizes the local governing body of a County by ordinance to impose a revalidation fee at a six-year (6) interval. NOW, THEREFORE, pursuant to the Code of Virginia (1950) as amended, be it ordained by the Board of Supervisors of Roanoke County, Virginia, as follows: I. That Section 21-52(e) be amended to read and provide as follows: Section 21-52(e). A property owner must revalidate annually with the County assessor any applications previously approved. A re- validation fee is hereby imposed at a f~~e f5+ six (6) year interval, such fee to be in the amount of the original application fee. Revalidation forms may be filed late on or before the effective date of the assessment March 24, 1987 89/2 ~ -_" _""'__"."T~.,_·>_.,__,~.__.> --'-""-"--'~- - -- ..-._-'...._'....- -_...~-, --- -_. ,'u _...'. '_',_._. ...~ 'H'_. upon the payment of a late filing fee of double the original application fee. 2. That the effective date of this ordinance shall b April I, 1987. On motion of Supervisor Garrett, seconded by Superviso Brittle, and carried by the following recorded vote: AYES: Supervisors Brittle, Garrett, McGraw, Nickens, Johnson NAYS: None 5 . Ordinance amendin "Buildin Re ulations" of the Roanoke Count eals to be heard b the Buildin Code Board of Ad'ustments and A eals, re owners of unsafe buildin s to clear the lot after demolition and extendin the duration of demolition ermits from thirty to ninety days: Mr. Mahoney stated that there have been severa problems in the enforcement of this portion of the Code. Thes types of appeals will now be heard by the Building Code Board 0 Adjustments and Appeals rather than the Board of Supervisors The other recommended amendments would require the owner t clear the site of debris from the demolished building and exten the demolition permit from 30 days to 90 days, eliminating th need for the Chief Building Official to grant extensions of th original permit. Supervisor Garrett moved to approve the second readin of the ordinance. The motion was seconded by Supervisor Nickens. Supervisor McGraw asked if this ordinance would appl to mobile homes. Mr. Mahoney responded that if the mobile horn was deemed unsafe and called for demolition, the ordinance woul apply. building. Mr. Mahoney stated that are alternatives Supervisor Nickens asked how this ordinance woul control situations where there is immediate danger from an --~-----~--_._--- -- ~~~~ March 24, 1987 existing County Code to handle these in a more expeditious manner ORDINANCE 32487-19 AMENDING CHAPTER 7, "BUILDING REGULATIONS" OF THE ROANOKE COUNTY CODE PROVIDING FOR APPEALS TO BE HEARD BY THE BUILDING CODE BOARD OF ADJUSTMENTS AND APPEALS, REQUIRING OWNERS OF UNSAFE BUILDINGS TO CLEAR THE LOT AFTER DEMOLITION, AND EXTENDING THE DURATION OF DEMOLITION PERMITS FROM THIRTY TO NINETY DAYS - BE IT ORDAINED by the Board of Supervisors of Roanoke County, virginia, as follows: I. That Chapter 7, "Building Regulations" of the Roanoke County Code is hereby amended and reenacted as follows: ARTICLE IV. UNSAFE BUILDINGS AND STRUCTURES Sec. 7-62. Appeals from decisions rendered under article. (a) A decision rendered by the building official in the enforcement of this article may be appealed to the be~~a e~ -- SH~efY~Se~S Buildinq Code Board of Adjustments and Appeals, provided such appeal is made within ten (10) days in a manner and form to be specified by the building official; provided, however, not subject to appeal. Before rendering a decision in favor of the appellant, the bea~a e~ SH~e~Y~Se~s Buildinq Code Board of Adjustments and Appeals must serve as a committee of the whole and conduct an on-site investigation of the building or structure in question and clearly determine that the condition of the same poses no threat to the health, safety or general welfare of the citizens of the county. (b) The failure of any person to abide by the decision of the bea~a e~ SH~e~Y~Se~s Building Code Board of -' Adjustments and Appeals after an appeal pursuant to this section shall constitute a Class 2 misdemeanor and be subject to legal action by the building official. March 24, 1987 '~ _..._..,-~.-_. '~._'."'_ ·_········4··... "._--_..,,~_. _.......~-, '.,,~ ,_....,~.'"'".. * * * * Sec. 7-66. Notice to repair or demolish--Generally. (a) If an unsafe condition is found in a building 0 structure, the building official shall serve on the owner, agen or person in control of the building or structure a writtel notice describing the building or structure deemed unsafe an< specifying the required repairs or improvements to be made t< render the building or structure safe and secure, or requirin< the unsafe building or structure or portion thereof, to bE demolished within a stipulated time. If the person so notified is required to demolish the structure, he shall be further required to clear the demolition site of all debris within five (5) days after the completion of the demolition. Such noticE shall require the person thus notified to immediately declare t< the building official his acceptance or rejection of the terms 0 the notice. (b) If the owner, agent or person in control of é building or structure cannot be found within the county, afte diligent search, the notice referred to in subsection (a) abovE shall be sent by registered or certified mail to the last know address of such person and a copy of such notice shall be poste< in a conspicuous place on the premises. Such procedure shall bl deemed the equivalent of personal notice. (c) The cost of any work required by a notice givel pursuant to this section shall be the responsibility of thE person to whom such notice is given. ~~~,\-- March 24, 1987 ( d) Failure to comply with the requirements of a notice given pursuant to this section shall constitute a Class 2 misdemeanor. * * * * Sec. 7-67.1. Demolition permit. The owner or his agent shall secure a demolition permit to demolish an unsafe building or structure. Any demolition permit issued under this section shall be valid for ~ft~r~y t3e+ ninety (90) days. 2. This ordinance shall take effect April I, 1987. On motion of Supervisor Garrett, seconded by Supervisor Nickens, and carried by the following recorded vote: AYES: Supervisors Brittle, Garrett, McGraw, Nickens, Johnson NAYS: None ABSTAIN: None IN RE PUBLIC HEARINGS 387-1 PUBLIC HEARING TO RECEIVE CITIZEN INPUT ON THE BUDGET FOR 1987/88 The purpose of this Public Hearing was to allow citizens to speak to any issue concerning the proposed budget for 1987/88. I. Rita Watson, President of the Roanoke County Central Council of PTA's, spoke requesting that the Board approve a four percent increase in funding for the County Schools, instead of the $300,000 proposed increase. 2. Doris Boitnott, 716 Stearling Road, President of the Roanoke County Education Association, spoke requesting that March 24, 1987 -"3,9~:6¡ ~ ..--.-- ~_._-_.._.,--". .....>. -~--'"'.- . ~., . ,. ._ ,'___ ·.+M_~_·_'· .~,." _ .__...__. ._w,.~., ,_____._,'..____ --'._"._.,'--" - .-,.-.___.,....._,_.".. _ ~'_~" ·_-.H~_..... ._ _ "_ the Budget include funding for an eight percent across-the-boar r a i s e for s c h 0 0 I per son n e I 3. Mary Anderson, 1016 Grove Lane, a member of th Roanoke County Human Services Committee, requesting additiona funds for this committee to appropriate among the various servic agencies in the Roanoke Valley. 4. Pam Berg, a member of the Board of the Clean Valle Council, requesting that the budget include funds for the Pilo Recycling Program. 387-2 PETITION OF D.W. DEVELOPERS INC. REQUESTING VACATION OF A 50 FOOT RIGHT OF WAY ON THE EAST SIDE OF STARMOUNT AVENUE IN DEER RUN ESTATES, SECTION II (Continued from February 24, 1987) Timothy Gubala, Assistant County Administrator fo Economic Development, stated that staff has made a recommendatio to solve the problems that existed between the petitioner and a adjacent property owners when this issue was heard on Februar 24, 1987. Specifically, they were concerned with off-sit drainage and water and sewer. Staff has studied the problem an the Final Order will reflect their recommendation. Supervisor McGraw moved to approve the Petition wit the staff's recommendation. The motion was seconded b Supervisor Nickens. FINAL ORDER NOW, THEREFORE BE IT ORDERED that the 50 foo right-of-way, hereinabove described and as shown on a pIa attached hereto, be permanently vacated and abandoned excludin the existing utility easements, but a new 50 foot drainag easement bounded by the limits of the existing right-of-way shal be established. BE IT FURTHER ORDERED that a copy of this order b. transmitted to the Department of Development and that this or de \ , ,0. ~tl'~ ....1) . ~< March 24, 1987 be recorded by the petitioner along with the attached plat among the land records of Roanoke County. ADOPTED on motion of Supervisor McGraw, Seconded by Supervisor Nickens and the following recorded vote: AYES: Supervisors Brittle, Garrett, McGraw, Nickens, Johnson NAYS: None 387-3 PETITION OF DAVID W. PETERS TO REZONE A 0.44 ACRE PARCEL FROM M-I, INDUSTRIAL TO B-2, BUSINESS TO OPERATE A RETAIL SALES BUSINESS AND REPAIR SHOP LOCATED ON ROUTE 221 IN THE WINDSOR HILLS MAGISTERIAL DISTRICT Mr. Gubala reported this property was formerly known as the Old Bent Mountain Fire Station. The Planning Commission unanimously recommended approval of this rezoning with the proffer of conditions. No one was present in opposition to this petition. Supervisor Garrett moved to approve the petition with the proffered conditions. The motion was seconded by Supervisor McGraw. FINAL ORDER NOW, THEREFORE BE IT ORDERED that the aforementioned parcel of land, which is contained in the Roanoke County Tax Maps as Parcel 111.00-1-17 and recorded in Deed Book 632, Page 246 and legally described below be rezoned from M-I, Industrial District to B-2, Business with conditions District. BEGINNING at an iron pipe on the west right-of-way line of Route 221, corner to the property now or formerly owned by Mary Powell Baker; thence with the west right-of-way line of Route 221 S. 15 degrees 30'W. 70 feet to an iron pin; thence N. 22 deg. 32' W. 78.3 feet to a point; thence N. 57 deg. 00' E. 104.5 feet to a point; thence, S. 74 deg. 30' E. 79.3 feet to a point on the west boundary of Route 221; thence with the same, S. /' March 24, 1987 'f8'1}~~ t ------,-~-,-_.- ~_.-----,---_._"-_.__._._- ., . ~., -.-, . _,' _"_'. W'·^~'__'_,~.__._..~.._.". . -- . "'.- IS deg. 30' W. 70 feet to the point of the BEGINNING and containing 0.443 acres. BE IT FURTHER ORDERED that a copy of this order b~ transmitted to the Secretary of the Planning Commission and he b~ directed to reflect that change on the official zoning map 0 ROanoke County. ADOPTED on motion of Supervisor Garrett, and upon th~ following recorded vote: AYES: Supervisors Brittle, Garrett, McGraw, Nickens, Johnson NAYS: None PROFFER OF CONDITIONS I. All repair work done on the premises will be inside th~ existing enclosed structure. No dismantling of vehicles 0 equipment will be done on the outside of structure. All loos parts - new or used to be stored on inside of building. 2. Permitted uses will be limited to items I - 4 un de Permitted Uses of the B-2 General Commercial District 3. Overnight display will be limited to ten (10 tractors. 4. Any outside display will be twenty (20) feet from th~ highway pavement. 387-4 PETITION OF JACK L. WALROND, JR. TO REZONE THE FORMER TRAIL DRIVE-IN THEATER, A 14.29 ACRE PARCEL FROM R-3 RESIDENTIAL ESTATES TO B-2 BUSINESS, B-3 BUSINESS, AND M-I INDUSTRIAL TO DEVELOP THE WALROND OIL RETAIL OFFICE COMPLEX AND A LIGHT INDUSTRIAL PARK, LOCATED ON ROUTE 460 IN THE HOLLINS MAGISTERIAL DISTRICT Mr. Gubala announced that the Planning Commissio reviewed this petition and did an extensive investigation of thi request. There were citizens speaking in oppositions and i favor of the petition at the Planning Commission hearing. Ther were numerous proffered conditions to the property both prior an .. ,~99 \ March 24, 1987 after the meeting. The Planning Commission voted to deny by a vote of 3 to 2. Chairman Johnson pointed out there were many untrue rumors circulating in the Hollins Magisterial District about this petitioner's plan for the property. Steve Waldrup of L. S. Waldrup Realty Company was present to represent the petitioner. He reiterated that many rumors have been circulating. The plan was developed along the guidelines of the 419 development plan. Road access was limited. It involves three separate rezonings - B-2 Business, B-3 Business, and M-I, Industrial. Mr. Waldrup reviewed the prepared map showing the proposed rezoning with the audience, and described what the petitioner planned to build. They include an office complex for Walrond Oil, development of commercial road frontage and a light industrial park on the rear acreage. The Walrond Oil portion will also contain underground fuel storage facilities. Mr. Waldrup stated that there will be seven separate double-wall storage tanks. They will also be piped individually, with no interlinking or mixing. They will be constructed of buff-hide and are warranted for 30 years. The tanks will consist of 1/4 inch steel overlaid with 1/4 inch fiberglass. The tanks will be set in the ground in a sand pit on top of eight inches of gravel. The gravel would allow an oil leak to leak in the direction of well monitoring sites. The filling sites are in a recessed manhole with a siphon. Mr. Waldrup announced these plans have been reviewed by EPA, the Virginia Water Control Authority, the National Fire Protection Authority and the County Fire Marshal. Attorney Arthur Strickland was present to represent several residents of the area of the proposed rezoning. The residents are concerned about the character of the neighborhood they live in, and specifically about their well water and the March 24, 1987 400~' ¥_--"~._---_.- "-'"--'-'-~-''<'-'-'"- _ .._ _'__.'_.r·_·~__..".. '__."._'.'"_'~___._.~_~' .__.-..>.-..".-~_.. -""-_.'. - ---,.,_.,-,,--"._".~--_._-,-- acquifer that serves that part of the County. Mr. Stricklan pointed out that after the Planning Commission visited the site they voted to recommend denial. The residents' main concern i the possibility of fuel leaks into the acquifer and their wel water. Their other concern was the proposed convenience store The proposed location is lower than the residents homes, and th shielding would not keep the neighbors from looking right out 0 it. It could be a magnet for undesirables, especially if it is 24 hour store. Mr. Strickland felt that the residents are no opposed to commercial development, but are concerned with thi particular project. Chairman Johnson acknowledged receipt of a petitio signed by 240 residents opposed to the rezoning which Mr Strickland had previously mailed to the Board of Supervisors. Mrs. Lelia Albrecht, 4775 Lake Back-O-Bryon Road Roanoke, Virginia 24012, also spoke opposing the rezoning. Sh also stated that the primary concern of the residents is th danger to the well water in the area. These storage tanks wil be underground on a site as close as 5/10 of a mile to entrance to residential areas. The Bonsack Acquifer runs from the Starke area to the Montvale area, and is one of the largest flows 0 water in the valley. In the 1970's there was a leak from a Shel Oil terminal in the Starkey area, and according to the Stat Water Control Board it took nearly ten years to appear in th County's wells. The warranty on the tanks is only 30 years whic is a short time in the life of the County's ground water. Mrs Albrecht pointed out that the State Water Control Board state that by the time a monitor warns of a leak, it is already to la te . Other citizens speaking in opposition to the rezonin were Mr. W. David Hale, 398 Orchard Lake Drive, Roanoke, Va., wh questioned placing M-I zoning close to residential areas; Richar H. Lowe, 4017 Challenger Avenue, Roanoke, Va. 24012 who owns 10 · ~0 \,\ March 24, 1987 acres adjacent to the Trail Drive-In which would be affected by a view of part of the industrial park; and Richard Foster, 1716 Greenwood Road, Roanoke, Virginia. Mr. Waldrup responded to the citizens speaking in opposition. He pointed out that the petitioner had also spoken to the State Water Control Board and other agencies and there is no consensus on how fast a leak would move. Rob Stalzer, Director of Planning, Zoning and Grants presented a map showing the general geological formations and described the acquifer and its flow. He explained that an acquifer is basically an underground river. This particular acquifer runs from Montgomery County to Bedford County, and the site of the proposed rezoning is about in the middle. There are at least ten gas stations located over this particular acquifer. Chairman Johnson asked Tommy Fuqua, Chief of Fire and Emergency Services to report to the Board, regardless of the outcome of the rezoning, what has to be done and what the legal constraints are concerning primary and secondary retention on site of any leakage of fuel oil storage tanks. Mr. Fuqua stated he is already working on this by gathering information on what is being done in Roanoke County and in other localities. Chairman Johnson stated he would like this to become an ordinance. Supervisor Garrett and Supervisor Brittle both announced that they had received many telephone calls in opposition to the rezoning, and wished that there had been time for community meetings with the residents. Supervisor McGraw asked if the Proffer of Conditions stated the number of tanks that would be allowed? Mr. Waldrup stated that although it was not proffered, there would be no more than seven tanks or seven trucks on the site. Supervisor McGraw stated that a letter received from the petitioner written on March 12, 1987 was specific as to the number of tanks, and other conditions. He asked Mr. Mahoney if that could be considered .. March 24, 1987 4.0 fJ. . .,>.t --~-- ~.,--- '.-.',--.--.-- . >--.--.-..-., ---'~ '^ '-_._'---' ~'-, . .--,.. '- an additional proffer. Mr. Mahoney stated that the Count Ordinance stated that any proffered conditions must be made prio to the public hearing and must be made in writing. It debatable whether this particular letter constitutes a va Ii proffer, although it was in writing and received prior to th public hearing. Supervisor Nickens stated he had studied this issu very closely and believes the petitioner has taken ever safeguard to protect the water acquifer. Supervisor Nicken moved that the petition be granted with the proffer of conditions. Supervisor Brittle seconded the motion, pointing out that th site plan which is part of the Proffer relates to the area wher the tanks can be placed. Supervisor McGraw asked that the numbe of tanks and number of gallons be included in the motion. Supervisor Nickens agreed to amend the motion to include this. FINAL ORDER NOW, THEREFORE BE IT ORDERED that the aforementione parcel of land which is contained in the Roanoke County Tax Map as Parcel 50.01-1-2 and recorded in Deed Book, and lega described below, be rezoned from RE-Residential Estate Distric to B-2, B-3 and M-I per concept plan: Description of 1.867 acre tract being rezoned to B-3 Special Commercial District Starting at a point in the easterly right-of-way of U. S. Route 460 East, said point being the southwesterly corner 0 a 14.291 acre tract as shown on survey for Fred L. & Virginia H. Davis prepared by T. P. Parker & Son dated 4 February 1974; thence with the easterly right-of-way of U. S. Route 460, N. 35 20' 19" E. 293.15 feet to a point; thence still with sai right-of-way, N. 400 23'27" E. 79.10 feet to the point 0 BEGINNING, thence north 400 23' 27" 217.81 feet to a point; the n c e con tin u i n g wit h sa i d rig h t - 0 f -wa y, N. 400 12' 49" E. 47 . 35 feet to a point, said point being at the intersection of th easterly right-of-way of U. S. Route 460 and the northerly lin of a proposed 50 foot wide access road; thence leaving U. S. Route 460 and with the northerly line of said access road, S. 51 38' 49" E. 226.32 feet to a point;thence leaving said acces road, S.38° 21' II" W. 265.00 feet to a point; thence N.510 38' 49" W. 235.60 feet to the Point of BEGINNING, containing 1.86 acres and being the northerly portion of Lot 2 as shown 0 -. Q.. \ l\\l ~ f'~ March 24, 1987 Conceptual Site plan for Perimeter East Commerce Center as prepared by Jones & Jones Associates dated 9 February 1987. Description of 0.926 acre parcel being rezoned B-2 General Commercial District BEGINNING at a point in the easterly right-of-way of U. S. Route 460 and being the northwesterly corner of a 14.291 acre tract as shown on survey for Fred L. & Virginia H. Davis by T. P. Parker & Son dated February 4, 1974; thence leaving said right-of-way and with the southerly line of the Virginia H. Davis property, S. 760 57' 55" E. 252.43 feet to a point, thence still with said Davis property, S. 380 17' 08" E. 22.42 feet to a point;thence leaving the Davis property, S. 380 21' II" W. 204.93 feet to a point in the northerly line of a proposed access road; thence with the northerly line of said access road, N. 510 38' 49" W. 253.32 feet to a point in the easterly right-of-way of U. S. Route 460; thence with said right-of-way, N. 400 12' 49" E. 102.22 feet to the point of BEGINNING and containing 0.926 acres and being shown as Lot I on a Conceptual Site plan of Perimeter East Commerce Center prepared by Jones & Jones Associates dated 9 February 1987. Description of 10.016 acre tract being rezoned to M-I Light Industrial Starting at a point in the easterly right-of-way of U. S. Route 460 East, said point being the southwesterly corner of a 14.291 acre tract as shown on survey for Fred L. & Virginia H. Davis prepared by T. P. Parker & Son dated 4 February 1974; thence with the property of Nancy G. Creasey, et aI, S. 650 44' 53" E. 257.77 feet to the Point of BEGINNING; thence leaving the Creasey property, N. 380 21' II" E. 224.00 feet to a point; thence N. 510 38' 49" W. 27.00 feet to a point;thence N. 380 21' II" E. 350.00 feet to a point in the northerly line of a proposed 50 foot wide access road; thence with the northerly line of the proposed access road, S. 510 38' 49" E. 27.00 feet to a point; thence leaving said access road, N. 380 21' II" E. 204.93 feet to a point in the southerly line of the Virginia H. Davis property; thence with the Davis property, S. 380 17' 08" E. 227.05 feet to a point; thence still with the Davis property, N. 790 42' 48" E. 135.67 feet to a point; thence leaving the Davis property and with the Dr. Richard H. Lowe, Jr. property, S. 10 55' 48" E. 756.43 feet to a point' thence with the Lowe property, S. 710 38' 05" W. 202.63 feet to a point; thence leaving the Lowe property and with the Creasy property, N. 210 II' 35" W. 125.91 feet to a point; thence still with the Creasy property, N. 650 44'53" W. 597.91 feet to the Point of BEGINNING, containing 10.016 acres and being the westerly part of Lot 2 and all of Lots 5 thru II as shown on Conceptual Site plan for Perimeter East Commerce Center as prepared by Jones & Jones Associates dated 9 February 1987. 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. ADOPTED on motion of Supervisor Nickens and upon the following recorded vote: March 24, 1987 , . ;. . l '., , 4 0 . 4" .!f'1r --""~.~""._--.,-._~ -"'-"'''''--'' ,-, ,_.~._.. .-.~.,,- .~- -.,.-" ",-- "eO '''''-__._._~...,._._...___, _"._ _...._._ ~ "._. _,0+,",'" _ _____. ....._ _ AYES: Supervisors Brittle, Garrett, McGraw, Nickens NAYS: Supervisor Johnson ABSENT: None PROFFER OF CONDITIONS (I) All fuel storage within the distribution facilities will b underground, providing bottom loading service only. Thanks ar to be buff-hide steel with fiberglass sealer. All corners of th storage areas are to be monitored with seepage detectors. (2) All truck storage areas as relates to Walrond Oil Compan are to be screened from view from adjacent property owners, b landscaping, earth berm, fence or combination. (3) Retail facilities to be of similar design to Texaco 2000 Outlet. Landscaping per concept plan. (4) Office design to be in substantial conformity to concep plans and architectural description. (5) Walrond Oil Company, Inc. complex will be contained withi B-2 and B-3 zoned areas as set forth on the concept plan. (6) Development of the entire tract will be within restrictions as proposed for Perimeter-East Commerce Park. (7) B-3 zoning to be restricted to permitted uses under Sectio 21-23-3 of the Roanoke County Zoning Ordinance - update August 1986, to users defined under Paragraph I and 3. (8) B-2 zoning to exclude the following uses as set forth unde Section 21-23-2 of the Roanoke County Zoning Ordinance updat August 4, 1986, public billiard parlor and poolrooms, gol driving range, flea markets and public dance halls. (9) M-I zoning to exclude the following uses as set forth un de Section 21-24-1 of the Roanoke County Zoning Ordinance - updat August 4, 1986, automotive repair, overhauling or servic requiring outside storage of disabled vehicles, kennels wit exterior runs or yards, flea markets and mini-warehouses. (10) A 35 foot buffer strip shall be maintained between ligh industrial and adjacent Residential and Agricultural Districts. Buffers which abut residential home sites shall be planted wit Evergreen trees, interspersed with deciduous trees as set fort in section 21-92 General standards, Subsection E, F, G of th Screening and Buffering ordinance of the County of Roanoke, a now adopted or as may hereafter be amended. (II) Middle curb cut to Lot 2 will provide for vehicle entranc only from Route 460. (12) Lot #3 and #4 shall provide for shared access to the cur cut on Route 460. PROPOSED RESTRICTIONS PERIMETER-EAST COMMERCE PARK ~ \)~-\ March 24, 1987 It is the intent of the restrictions as applied to the b-2 General commercial District and M-I Light Industrial District to encourage the use of landscape screening, buffered parking areas and signage, such as to produce an attractive commercial district and working environ. All of said tracts of land shown on the development map of Perimeter East Commerce Park shall be subject to the covenants, conditions and restrictions as follows: PERFORMANCE STANDARDS No obnoxious or offensive trade or activity shall be carried on nor shall anything be done thereon which may be or become an annoyance to any person or entity owning property within Perimeter-East Commerce Park or adjacent to said Park, by reason of excessive emissions of smoke, odors, dust, nongaseous fumes, excessive noise, or excessive glare or heat. It is the intent of the performance standards, as set forth, to provide that commercial and light industrial properties shall be developed and maintained with proper appearance from streets and adjoining properties and to provide that each such permitted use shall be a good neighbor to adjoining properties. The recipient of a building permit within the Commerce Park should note that these performance standards, like other provisions, are continuing obligations and the property is expected to operate in compliance with these standards. A. Smoke - Measurements shall be at the point of emissions. Emissions shall not exceed a 20% opacity, as determined by monitoring by standards of the Virginia Air Pollution Control Board. B. Dust - Reasonable precautions shall be maintained to prevent particulate material from becoming air borne. The precautions may include, but are not limited to standards as set forth under the Regulations for the controlling of air pollution, March 24, 1987 /40 -6. · ~. ----_._-~- ..~ _,,,·····'·_····___,_·~·_.._··.c - .P. _. . ~.__.~_ ..__,,____.___. _.~... '_'.__.. Section 120-04-0104 of the Virginia Air Pollution Control (Board (January I, 1985). C. Odor - No owners or other persons shall cause or permit to be discharged into the atmosphere from any affected facility any emission which cause an odor objectionable to individuals of ordinary sensibility. D. Gases - Fumes or gases shall not be emitted at any point in concentrations or amounts that are obnoxious to individuals of ordinary sensibility or are toxic or corrosive. E. Noise - Noise shall be measured on any property line of the tract on which the operation is located. Noise shall be muffled so as not to become objectionable due to intermittance, beat frequency, shrillness or intensity. At the property line, the sound pressure level of noise radiated continuously from a facility shall not exceed the values given in Tables 2 and 3 in any octave band frequency. TA BLE 2 Maximum permissible sound-pressure levels at specified points of measurement for noise radiated continuously from a facility. Frequency band Cycles per Second Decibel*Level 20 75 ISO 300 600 1,200 2,400 4,800 10,000 20,000 30,000 40,000 75 ISO 300 600 1,200 2,400 4,800 10,000 20,000 30,000 40,000 50,000 69 54 47 41 37 34 31 28 26 ** 25 ** 24 ** 23 ** * According to the following formula: Sound Pressure Level in Decibels equals 10 log PI P2 where P2 equals 0.0002 dynes/cm2 **To avoid possible interference with animal experiments. If the noise is not smooth and continuous, one or more of 401 \ March 24, 1987 the corrections in Table 3 below shall be added to or subtracted from each of the decibel levels given above in Table 2. TABLE 3 Type of Operation or Character of Noise Noise source operates less than 20% of anyone hour period Noise source operates less than 5% of anyone hour period Noise source operates less than l% of anyone hour period Noise of impulsive character (hammering, etc.) Noise of periodic character (hum, screech, etc.) * Apply one of these corrections only. Correction in Decibels Plus 5* Plus 10* plus 15* Minus 5 Minus 5 F. Glare - Whether direct or reflected, such as from floodlights, or high temperature processes, and as differentiated from general illumination, shall not be visible at any property line. G. Exterior Lighting - Any lights used for exterior illumination shall direct light away from adjoining properties. H. vibrations - Vibrations shall not be discernible from any property line to the human sense of feeling for three minutes or more duration in anyone hour. I. Radiation - Operations shall cause no dangerous radiation at any property line as specified by the regulations of the united States Atomic Energy Commission. J. Waste - All sewage and industrial wastes shall be treated and disposed of in such a manner as to comply with Virginia water quality standards and Environmental Protection Acts as applicable. PARKING Each user permitted in this park shall provide adequate paved off-street parking for its employees and visitors and exterior lighting requirements, as set forth for off-street parking requirements, as herein adopted or may be adopted by March 24, 1987 '4 0'8; .~ \~> - ~,- --- --- .."...~---_._,...~--"'.'- >---,--,-,~ ., - _.,- - .. . -_... -.",--. ..'~ .'.,-.._ ." u. Roanoke County. Development plans under the B-2 District shall be set forth such that any building is placed along the frontage of the lot with no less than 80% of the parking requirements being placed at the rear of the property. LANDSCAPING No buildings or structures above ground shall extend beyond the setback lines and is hereby declared that said area between the setback lines and the property lines is to be used for either open landscaping and green areas or offstreet paved parking areas. Within the B-2 zoning, a minimum of a 3 foot wide planted perimeter shall extend along all parking lot areas and between buildings and adjacent property lines. Planting shall be in conformity to Section 21-92 General Standards, Subsection C7 of the Screening and buffering Ordinance of the County of Roanoke, as now adopted or as may hereafter be amended, excepting trees shall not be planted as to obstruct the visibility of buildings within the B-2 zoning from traffic on 460 East. Within the M-I zoning the road frontage of the parking areas shall be adequately screened to lower the visual impact of the parking areas, specifically recommended screening materials shall include decorative masonry walls, brick walls, a combination of earth berms with landscaping. All landscaping shall be properly maintained thereafter in a sightly and well kept condition. Landscaping specifically shall be in conformity to Section 21-92, General standards, subsection C7 of the Screening and Buffering Ordinance of the County of Roanoke, as now adopted or as may hereafter be amended. USE LIMITATIONS Without otherwise limiting the provisions of the performance Standards or any other terms or conditions of these restrictions, the building or premises, except as otherwise provided in these restrictive covenants may be used for any use permitted under l\ \) 9 ,\; March 24, 1987 Section 23-2, B-2 General Commercial District and Section 21-24, M-I Light Industrial District of the zoning Ordinance of the County of Roanoke, virginia, updated August 4, 1986, excepting the following uses shall not be allowed: B-2 zoning to exclude the following uses as set forth under Section 21-23-2 of the Roanoke County zoning Ordinance update August 4, 1986, public billiard parlor and poolrooms, golf driving range, flea markets and public dance halls. M-I zoning to exclude the following uses as set forth under Section 21-24-1 of the Roanoke County Zoning Ordinance -update August 4, 1986, automotive repair, overhauling or service requiring outside storage of disabled vehicles, kennels with exterior runs or yards, and flea markets. HEIGHT LIMITATIONS Improvements erected on the property, subject to this declaration, shall not exceed 30 feet in height provided, however, that accessory structures or equipment required to operate and maintain the building and provide adequate fire and related security or structures as specifically related to Section 21-24, Paragraph E under the Zoning Ordinance may exceed this height with the written approval of Grantor, its successors or assigns. DEVELOPMENT REVIEW These covenants shall and do hereby provide that no improvements as herein defined shall be erected or placed on any building site in said development until the plot plans, showing a location of such improvements on the particular building site and ~n architectural sketch or an acceptable rendering showing the external design of the building and site improvements have been submitted to and approved in writing by the Grantor or assigns as to the conformity to and harmony of design with existing structures in the development, and as to location of the improvements on the building site, given due regard to the March 24, 1987 4':i 0 . " . ------.-.-----. --,,--_. ._-.'-'"-~----'-'''-'.'.''-''' "..-'..__._-".........~. "~~~_.....~,_.~,-...-.__..,,--_._-_.~. -..~--_.~., -....-..-..".--.....- .__h...._..__._',."__~........._._..,..._.._,_.~.._..._.""_'_~_'__'___._ anticipate use thereof as shall may affect adjoining structures uses and operations, such approval not to be unreasonabl withheld. The right to approve or disapprove the proposed pIa shall rest with the Grantor or its assigns or successors. SETBACK REQUIREMENTS No part of the structure shall be erected nearer the stree than the setback line as required by the Zoning Ordinance or n less than shown by recorded map of Perimeter-East Commerce Park BUILDING FACADES M-I DISTRICT All buildings erected on the lots within the M-I Ligh Industrial District overlooking Route 460 East shall be s constructed that the portions visible from Route 460 shall b faced with brick or an equivalent material or shall be screene by use of specifically recommended screening material, such as decorative masonry walls, brick walls or a combination of eart berms and landscaping. Landscaping specifically shall be i conformity Section 21-92 of the Screening and Buffering Ordinanc of the County of Roanoke, Virginia, as now adopted or as ma hereafter be amended to provide adequate screening fro visibility. OUTSIDE STORAGE The storage of bulk commodities or any other material store outside of the structure shall be confined to an area so screene as to minimize the visual impact to adjacent property owners an highway view. Acceptable screening materials shall include woo stockade fence, decorative masonry walls, brick walls and eart berms with combination of landscaping. FUEL STORAGE All fuel storage tanks shall be located underground at depth and location in full compliance with rules and regulation with any governmental agency or agencies having jurisdiction ove such matters. Bulk storage of all liquids, shall be permitte only in locations which shall not detract from general appearanc ,,' , ,"" .,).. .~ ~' March 24, 1987 of the property and shall be underground at a depth to comply with the rules and regulations of any governmental agency or agencies having jurisdiction over such matters. --' UTILITY LINES All utility services, inclusive of electric shall be placed underground between the property line and the structural improvements. ENFORCEMENT RIGHTS All persons or entities owning property within the Perimeter-East Commerce Park shall have the right to enforce the above conditions and restrictions by a suit in equity to prohibit a violation of such restrictions or by action at law to recover damages for such violations. TEMPORARY STRUCTURES No trailer or other outbuildings of temporary character shall be built or used within the industrial park, except as may --' be required during the time of construction. EASEMENTS All lots are subject to easements, as shown on the map of Perimeter-East Commerce Park as to be recorded and may be amended to properly service properties within the Industrial Park and satisfy the requirements of applicable utility authorities and governmental agencies. SIGNS No billboards or advertising signs, other than those identifying the name, business and products of the person or firm occupying the premises shall be permitted, excepting such signs offering the premises for sale or for lease or a sign being of --- temporary nature. Within the B-2 zoning, signs shall be in conformity to Section 21-93, excepting that freestanding signs shall not exceed a height of 22 feet above the pavement of the street to which such sign is oriented. Within the M-I District, signs between the buildings, setback line and the street shall be ,- .- March 24, 1987 '4<1.:2 ., ,. ',--'-' ~.. -"'-'_..-._--" .' -~'--- ~--.'-'. ._'-." ---,~.._-_." restricted to a maximum of 3 feet in height. Signs shall be ir conformity to Section 21-93 of the Sign Ordinance of the Count, of Roanoke, Virginia, as now adopted or as may be hereaftel amended. Sign design and construction are encouraged to be iI conformity to the County of Roanoke's 1987 Route 419 Development concept plans. JUDICIAL REVIEW Invalidation of anyone of these convenants or any part thereof by judgment or court order shall in no wise affect any 0 the other provisions which shall remain in full force and effect. LETTER DATED 3/12/87 TO ELMER C. HODGE Page 3, Item 9: "The use of a total of 7 tanks, 3 of 12,00( gallon capacity for gasoline, I of 15,000 gallon capacity fOl diesel, I of 15,000 gallon capacity for kerosene and 2 of 15,00( gallon capacity for heating oil. It is noted that the computeI monitor tracks each of these tanks independently....All thE safety standards that apply to one tank apply to all seveI tanks. " 387-5 PETITION OF BOONE, BOONE AND LOEB TO VACATE PORTIONS OF TWO CUL-DE-SACS OUTSIDE OF THE 50 FOOT RIGHT OF WAY ON SUMMERSET DRIVE IN THE CAVE SPRING MAGISTERIAL DISTRICT Assistant County Administrator Tim Gubala stated thi~ items was heard by the Planning Commission on March 3, 1987 an( was unanimously approved. Chairman Johnson moved to approve the petition. ThE motion was seconded by Supervisor Nickens. FINAL ORDER NOW, THEREFORE BE IT ORDERED, that a portion of thE cul-de-sac outside the 50 foot right-of-way, hereinabovE ~ ~ March 24, 1987 described, as more particularly shown on a plat attached hereto, be permanently vacated and abandoned. BE IT FURTHER ORDERED that a copy of this order be transmitted to the Department of Development and that this order be recorded by Petitioner along with the attached plat among the land records of Roanoke County. Adopted on motion of Supervisor Johnson, and upon the following recorded vote: AYES: Supervisors Garrett, McGraw, Nickens, Johnson NAYS: None ABSTAIN: Supervisor Brittle 387-6 PETITION OF BOONE, BOONE & LOEB TO VACATE A 15 FOOT WATER LINE EASEMENT IN SECTION 1, HUNTING HILLS PLACE LOCATED IN THE CAVE SPRING MAGISTERIAL DISTRICT Mr. Gubala stated this is a vacation of a water line easement and did not go the Planning Commission. The Director of Engineering and the Director of Utilities determined this proposal was acceptable, and any costs incurred would be paid for by Boone, Boone & Loeb. Supervisor Johnson moved to approve the petition. The motion was seconded by Supervisor Nickens. FINAL ORDER NOW, THEREFORE BE IT ORDERED, that a IS foot wide water line easement, hereinabove described as located along the westerly boundary line of Parcel B (.47 acres) as more particularly shown on a plat attached hereto, be permanently vacated and abandoned. BE IT FURTHER ORDERED that a copy of this order be transmitted to the Department of Development and that this order t 'f' March 24, 1987 41'4 ---~._--_.-.-.._~----"._.~ -- ....-_..... _. .....---... r-- .,- ~.- ^.~~. -..-'. be recorded by Petitioner along with the attached plat among thE land records of Roanoke County. ADOPTED on motion of Supervisor Johnson and upon the following recorded vote: AYES: Supervisors Garrett, McGraw, Nickens, Johnson NAYS: None ABSTAIN: Supervisor Brittle 387-7 PUBLIC HEARING AND RESOLUTION PURSUANT TO SECTION 15.1-238 (e) OF THE 1950 CODE OF VIRGINIA, AUTHORIZING CONDEMNATION AND RIGHT OF ENTRY FOR EAST 460 WATER LINE PROJECT Mr. Mahoney stated that the proposed resolution woulc authorize two courses of action. One would allow immediate entr~ on the property to commence the work of installing the water line. The second purpose is to authorize the condemnation proceedinç according to the State Code. Mr. Mahoney announced that after this public hearinç has been advertised in the newspaper and notice was given b\ certified mail to the two property owners, he received phone contact from Joe Helms and Sons, Inc. indicating they are no~ willing to accept the County appraisal, but the executed deeë easement form has not been received. He further stated that A. J. and Doris H. Robertson, the other property owners, were present to speak to the Boarc because there is a discrepancy concerning the area of land in thE con d e m n a t ion pro c e e din g s . Mr. Robertson stated he was one of the first propertÿ owners to agree to have the sewer line go through his land, anc everyone was compensated but him. He felt his land had damage~ consisting of destruction of pine trees and decided not to sign until he had more knowledge. After meeting with Mr. Robertson, he agreed to take a price equal to one and a half hookups for the ~ ~15' March 24, 1987 property. The letter he received from the County stated that the line would cross 141 feet of his land, but the stakes on his property show over 600 feet. This is why he has not agreed to settle, and feels he should receive more money. Clifford Craig, Director of utilities stated that the cost of one and a half hookups is equal of $1554. Supervisor Johnson moved that the County appropriate $1554 for compensation for sewer easement through A. J. and Doris H. Robertson's property. The motion was seconded by Supervisor McGraw, and carried by the following recorded vote: ~YES: Supervisors Brittle, Garrett, McGraw, Nickens, Johnson NAYS: None Supervisor Johnson moved to approve the prepared resolution amended by the previous action. The motion was seconded by Supervisor Brittle. RESOLUTION 32487-20 PURSUANT TO SECTION 15.1- 238(e) OF THE 1950 CODE OF VIRGINIA, AS AMENDED, SETTING FORTH THE INTENT OF ROANOKE COUNTY TO ENTER UPON CERTAIN PROPERTY AND TO TAKE CERTAIN RIGHT-OF- WAY OR EASEMENT THEREON IN CONNECTION WITH THE EAST 460 WATER LINE PROJECT BE IT RESOLVED by the Board of Supervisors of Roanoke :ounty, Virginia, as follows: I. That the East 460 Water Line Project is necessary to provide more adequate water service to certain properties sit- µate, lying and being in the east portion of Roanoke County, said þroject shall constitute an extension of water service capabili- ~ies from the existing system and for which said extension cer- ~ain right-of-way or easement is needed and more particularly iescribed as follows: A) A ~e~ þe~ffiafteft~ eaSeffieft~ ae~ess ~fte p~ope~~y e£ A~ ð~ aft~ Bo~~s H~ Ro~e~~soft p~eþe~~y aft~ ffie~e þa~~~e~%a~%y ~eser~be~ as~ BEGfNNfNG a~ a pe~ft~ ~ft ~fte se~~fteas~ eerfter e£ ~fte A~ ð~ aft~ Ber~s Ro~er~seft p~ope~~YÎ -~ Marefi 2!4, 198=1 .' 416 " --'",.-.,,_.-,_._-.,, _.,.- ·___~__u_",,·,<. _'- --"'-".__.-",___._, ··_~·___.···'·"_",·'_·,_u_,"_, "_.._.'-'-"-~-"-'-'-- -,------~----- ~fie8ee, N. 8=10 19~ 4=1U w. 11.45 fee~ ~e ~fie ae~~al beq~ftn~8q þe~8~ ef sa~ð ee8~er 1~8e~ ~fie8ee, N. 12!° 2!8~ 19u E. 193.69 fee~ ~e a þe~n~~ ~fienee, N. 32!° 52!~ 2!5B E. 141.59 fee~ ~e a ~e~8~ e8 ~fie se~~fieas~ be~8dary ef ~fie R~efiarð H. bewe, ðr. þreþer~y as sfiew8 e8 ~fie ~la~ ða~eð 4 Beeeæber 1986 by Bra~er-Aðe8 Assee~a~es, ±8e. ~eSE~HER w~~fi a ~eæ~erary ee8s~röe~~e8 ease- æe8~ as SfiOW8 08 a eer~a~n þla~ þreþared by Bra~er-Ade8 Assee~a~es, ±8e. da~ed 4 Beeeæber 1986. ~fie fa~r æarke~ valöe ef ~fie aferesaid ~e be ae~~ireð ~s $588.99, söefi eeæþe8sa~ie8 a8d daæaqes, if a8Y, fiav~8q bee8 effered ~fie ~re- þer~y eW8ers. B) A permanent easement across the property of Joe Helms and Sons, Inc. and more particu- larly described as: BEGINNING at a point in the southern boundary of the Joe B. Helms property, said point being at the northwest corner of the Barry St. John property; thence, N. 500 47' 3011 E. 147.32 feet to the actual beginning point of said center line; thence N. 530 49' 32" w. 179.11 feet to a point; thence, N. 50 07' 20" W. 232.48 feet to a point; thence, N. 320 32' 45" E. 819.86 feet to a point on the boundary of the Roanoke County SPCA property which point is N. 370 57' 23" W. 465.65 feet from the point of intersection of the Roanoke County SPCA property and Norfolk and Western Railway as shown on plat dated 7 October 1986, and revised II February 1987 made by Draper-Aden Associates, Inc. TOGETHER with a temporary construction ease- ment as shown on a certain plat prepared by Draper-Aden Associates, Inc. dated 7 October 1986 and revised II February 1987. The fair market value of the aforesaid inter- est to be acquired is $1,110.00, such compen- sation and damages, if any, having been offer- ed the property owner. 2. That it is immediately necessary for the County t enter upon and take such property and commence construction 0 said water line extension and any other appurtenances to th water line system in order to more adequately serve the needs 0 certain properties and to thereafter institute and conduct appro priate condemnation proceedings as to said right-of-way or ease ment; and L\11 i . March 24, 1987 3. That pursuant to the provisions of Section 15.1 238(e) of the 1950 Code of Virginia, as amended, and pursuant t notice and public hearing as made and provided therein, the Boar does hereby invoke all and singular the rights and privileges an provisions of said Section 15.1-238(e) as to the vesting 0 powers in the County pursuant to Section 33.1-119 through Sectio 33.1-129 of the 1950 Code of Virginia, as amended, all as mad and provided by law. On motion of Supervisor Johnson, amended to delet condemnation proceedings against A. J. and Doris H. Robertson, who agreed to a settlement of $1554; seconded by Superviso Brittle, and carried by the following recorded vote: AYES: Supervisors Brittle, Garrett, McGraw, Nickens, Johnson NAYS: None ABSTAIN: None IN RE ADJOURNMENT: At 9:35 p.m. Chairman Johnson declared the meetin adjourned until March 30, 1987 at 3:00 p.m. for the purpose of budget work session. Chairman oard of Supervisors