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HomeMy WebLinkAbout1/24/1989 - Adopted Board RecordsACTION # A12489-1 ITEM NUMBER_ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: January 24, 1989 AGENDA ITEM: Request of CBL Management for County participation in extension of water line COUNTY ADMINISTRATOR'S COMMENTS: BACKGROUND• This is the same board report that was presented at the January 10, 1989 meeting. The additional information requested by the Board will be presented. CBL Management, Inc., is the developer for the Penn Forest Plaza Shopping Center on Merriman Road. As part of the development of the site, CBL is required to install approximately 2500 lineal feet of 12 - inch water line along Starkey Road which includes boring under the railroad and highway right-of-ways. The total construction cost of the water line is estimated to be $126,795.00. In addition, the water off-site facility fee will be $29,704.60 making the total project cost $156,499.60. The construction of this 12 -inch water line will benefit other areas of Starkey Road. It will provide service and supply to the Crescent Heights water system thus reducing their upgrading cost as well as provide a portion of a supply line to a proposed water storage reservoir in Starkey. SUMMARY OF INFORMATION: CBL Management, Inc., has requested that theBoardof Supervisors authorize the credit of the second half of the off-site fee against the off-site water construction cost. If this credit is approved, the remaining off-site construction cost to CBL will be $97,090.40. Of this amount, they are responsible for the full cost of the first 300 feet or $15,213.00, leaving an eligible participation cost of $81,877.40. CBL has requested that the Board of Supervisors authorize participation by paying one-half this eligible cost or $40,938.70. In tabular form, the off-site costs look like this: Cost of CBL Cost of Roanoke County $15,213.00 first 300 feet $14,852.30 one-half OSF's 40,938.70 participation 14,852.30 second half OSF's 29,704.60 construction in lieu of OSF's 40,938.70 participation $85,856.30 Total CBL Management, Inc. $70,643.30 Total County Total Project Cost: $156,499.60 1 ,r-7 -/ The $15,213.00 higher cost indicated for CBL is the cost of the first 300 feet which is not eligible for credit or participation. CBL will also pay $7,801.00 as a basic connection fee for the cost of the meter vault, valves, and meters for a 6 -inch fire service and a 2 -inch domestic service. ALTERNATIVES AND IMPACT: There are four alternatives to consider: Alternative #1 The Board of Supervisors would authorize the credit of the second half of the off-site fees and County participation in the project of up to $41,000.00. This alternative would result in the County sharing equally in the excess cost to the developer for this project. Impact of Alternative #1 The actual utility fund would decrease $55,852.30 as a result of the credit and participation. In return, the County would receive 2500 lineal feet of 12 -inch water line that we would have installed eventually without the CBL project. Funds are available in the utility enterprise fund for this alternative. Alternative #2 The Board of Supervisors would authorize the credit of the second half of the off-site fees and deny any additional County participation in this project. This alternative would result in an off-site water construction cost to the developer of $126,795.00. Impact of Alternative #2 The actual utility fund would decrease $14,852.30. Additional funds are not required for this alternative. Alternative #3 The Board of Supervisors would not authorize the credit of the second half of the off-site fees and deny any County participation in the project. This alternative would result in an off-site water construction cost to the developer of $141,647.30. Impact of Alternative #3 The actual utility fund would not decrease. Additional County funds are not required for this alternative. Alternative #4 The last alternative involves the Board of Supervisors giving CBL a reimbursement contract whereby they can recover the eligible cost from future connection fees collected for connection to this water 2 Z r / line during the_next five years. CBL has stated that a reimbursement agreement would not benefit them because they need the financial assistance at this time, rather than in the future. This alternative is not viable and, therefore, has no impact. RECOMMENDATION: Staff recommends Alternative #1 with County participation of one-half the excess cost up to an amount of $41,000.00. This participation would be in the form of a lump sum reimbursement agreement payable after acceptance of the water line and verification of the excess cost by Roanoke County. Additionally, staff recommends the Board of Supervisors authorize the County Adminstrator to execute a reimbursement agreement with CBL Management, Inc., to effect this alternative. SUBMITTED BY: APPROVED BY: Cliffor C ig, P.E�rn�J �. Elmer C. Hodge Utility Director Count Administrator ------------------------------------------y--------------------------- Approved (x) Denied ( ) Received ( ) Referred To ACTION Motion by: Harry C. Nickens/ Lee Garre , cc: File Cliff Craig Phil Henry John Hubbard Reta Busher Diane Hyatt Don Myers 3 VOTE No Yes Abs Garrett x Johnson McGraw �- Nickens �- Robers COMMUNITY SERVICES 12" WL / Proposed Penn Forest ANDDEVELOPMENT Snopping .Center ACTION NO. A12489-2 ITEM NUMBER AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: January 24, 1989 AGENDA ITEM: Request from the Arts Council of Roanoke Valley to appropriate funds for an Arts Festival. COUNTY ADMINISTRATOR`S COMMENTS: 1/1, ".'-el SUMMARY OF INFORMATION: The Arts Council of Roanoke Valley is planning a major arts festival to be held in October 1991. The festival will span ten days and will celebrate the arts of America. Among other activities, they hope to include the opening of the new Henry Street Music Center and the Explore Visitors Center as part of the project. Such an arts festival would bring additional tourists and highlight the cultural resources in the community. If the Explore Project Visitors Center is included, this would be of particular benefit to Roanoke County. Approximately $75,000 will be needed to fund an Administrator to handle organization and implementation of the festival for the first year. The Arts Council is requesting financial support from the Roanoke Valley governments as well as local Chambers of Commerce and Economic Development Agencies. They also plan to undertake fund raising on a national level. Attached is a copy of the festival proposal, outlining their objectives. The Vinton Chamber of Commerce has contributed $50.00 and the City of Roanoke has committed to a $2,000 contribution. A similar contribution is being requested from Roanoke County. ALTERNATIVES Alternative #1: Allocate $1,000 from the Board Contingency Fund to the Arts Council of Roanoke Valley for seed money for an Arts Festival to be held in 1991. If this money is allocated, Roanoke County may be asked for future contributions to help fund this project. Alternative #2: Deny the request of the Arts Council of Roanoke Valley for financial support of the Arts Festival. r STAFF RECOMMENDATION Staff recommends Alternative #1, and that the Board of Supervisors appropriate $1,000 from the Board Contingency Fund for the 1991 arts festival sponsored by the Arts Council of Roanoke Valley. Elmer C. Hodge County Administrator ACTION VOTE Approved (x) Motion by: Bob L. Johnson/Steven Yes No Abs Denied ( ) A. McGraw, Alternative #1 Garrett x Received ( ) Johnson x Referred McGraw x To• Nickens x Robers x cc: File Susan Cole, The Arts Council of Roanoke Valley Reta Busher Diane Hyatt FESTIVAL PROPOSAL A major arts festival will encompass all major groups from the Roanoke Valley. Approximately $75,000 will be needed to fund an Administrator to organize and implement the Festival for the first year. A anonymous challenge has been issued by two friends of The Arts Council that they will see to it that the money to begin the Festival is found if the Festival Committee can secure support and the intent to back the Festival by the Local Governments, Chambers of Commerce, and Economic Development Agencies. The Festival would span a period of ten days in October of 1991 to take advantage of the scenic beauty our valley offers tourists. A high level of artistic quality must be the goal of this festival to bring potential audience in from surrounding areas, the rest of the state, and from across the country. A Festival of this scope will require extensive fund-raising and a national spokesperson who will lend their name and act as our host. The Committee feels that fund-raising of this nature must be undertaken on a national level. The Hearst Corporation for instance, was the sponsor of the First New York International Festival for the Arts. Roanoke has a healthy, vibrant arts community. Festival will highlight the cultural resources which our community has worked hard to develop. The objectives of this Festival are: - To celebrate the original arts of America. - To permanently strengthen the arts movement of the Blue Ridge Region. - To introduce to the Roanoke Valley and surrounding region, major national artists and art forms. - To provide educational access to guest artists through master classes and workshops in the schools. - To demonstrate and further the importance of the arts to the economy of the region. - To attract new audiences for the arts from this region and beyond. - To have a significant, positive and on-going effect upon the region's "quality of life." 4'F7`rl� These objectives were unanimously agreed to by the spokespersons of the Roanoke Symphony, Roanoke Museum of Fine Arts, Mill Mountain Theatre, The Arts Council of Roanoke Valley, City of Roanoke and Roanoke Special Events Committee, the Southwest Virginia Opera Society, Hollins College, Roanoke Valley Chamber Music Society, Harrison Heritage and Cultural Center, Roanoke Valley and Vinton Chambers of Commerce, Center in the Square, Blue Ridge Writers Conference, Blue Ridge Film Society, Roanoke Ballet Theatre, and Roanoke Festival in the Park. The Festival hopes to include the opening of the new Henry Street Music Center and the Explore Visitors Center on the Blue Ridge Parkway. MM ACTION # A12489-3 ITEM NUMBER .0 — T AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: January 24, 1989 AGENDA ITEM: Claim of Leonard Butler COUNTY ADMINISTRATOR'S COMMENTS: ��-c%t7»7i»2.Cr-cam (�t�n.�-o�, ,�J 7G'/� .�%� 0�- c'�(.t�-Y,n � .,v1 .�Lo ii✓ti� / � d SUMMARY OF INFORMATION: H. Morgan Griffith, Esquire, attorney for Leonard Butler, has filed a claim on his behalf with the Board of Supervisors pursuant to Section 15.1-550, et se . of the 1950 Code of Virgin- ia, as amended. The basis of Mr. Butler's claim is that some of his personal affects (see attached list) were destroyed in the demolition of a dilapidated house acquired by Roanoke County from Butler for $6,300. The house was acquired by Roanoke County to facilitate the completion of the road improvements phase of the Hollins Community Development Project. Mr. Butler claims that Roanoke County destroyed the house without notifying him in time to allow for the removal of his personal affects. However, notices were mailed on December 4, 1987, to all residents of the Hollins Community indicating that construction of the sewer/water system and road improvements would begin shortly after January 1, 1988. The demolition of the house did not occur until January 26, 1988. Therefore, Mr. Butler was on notice for approximately_ eight (8) weeks prior to the commencement of road construction and the demolition of the house. Mr. Butler has retained an attorney and legal action is con- templated. A determination by the Board of Supervisors is a necessary legal step in his efforts to be reimbursed for the claimed damage due to the destruction of his personal affects. FISCAL IMPACTS: $3,750 ,E- y STAFF RECOMMENDATION: Staff recommends the claim be denied. Respectfully submitted, Sarah A. Rice Assistant County Attorney ------------------------------------------------------------------ ACTION VOTE Approved (x) Motion by: Bob L. Johnson/ No Yes Abs Denied ( ) Steven A. McGraw to approve staffGarrett x Received ( ) recommendation to deny claim Johnson x Referred McGraw x To Nickens x Robers x cc: File Paul Mahoney, County Attorney ��lfa�•i1c�j,�� �C�crrtF� r AO&, q"W�, Q �o 250 • "o 7,2 (6, ybew 9,f.9,111.9N December 14, 1988 Susan Rice, Esq. Roanoke County Attorney Office 3738 Brambleton Avenue, S.W. Roanoke, Virginia 24018 Dear Ms. Rice, Please find enclosed an appraisal of some of the furniture that was in Mr. Butler's home, which was the furniture which was destroyed at Mr. Butler's house when the County burned the house without notice to Mr. Butler. The total of this appraisal is Three Thousand Seven Hundred Fifty Dollars ($3,750.00). Please have your secretary contact my secretary so that we can set up an appropriate date to bring this matter to the attention of the Board of Supervisors. I appreciate your cooperation in this matter, and remain Sincerely, C' H. Morgan iffith Attorney at Law HMG: bp Enclosure November 21, 1988 RE: Leonard Butler Items examined by me (all items listed are antique or collectible) Round Oak Table w/claw feet $ 450.00 Set of 6 Oak Dining Room Chairs w/claw feet 750.00 Matching Oak Buffet w/claw feet - high back with mirror 400.00 Parlor set consisting of loveseat, rocker, and chair 250.00 Oak Hall Tree with mirror 400.00 Oak ladies writing desk 125.00 250.00 Box glassware, etc. Box Wedgwood Jasperware, Carnival Glass, mise. sterling 250.00 Brass bed w/large posts 600.00 Oak Wardrobe 275.00 At the time I examined the contents of the boxes, I commented on the odd pieces of sterling flatware. Mr. Butler told me that other boxes in the house contained over 100 sterling spoons and forks which had been used by his mother in a tea room she ran at one time. I did see other pieces of furniture in the house on my vists there, but did not take special notice of them. A bedroom on the second floor of the house was locked and said to contain furniture which had been in commercial storage. I have collected antiques, sold them, and done appraisals for insurance purposes for over 15 years. The prices expressed are my opinion of the current market value of the items based on my experience. Replacement cost could be substantially higher. 9Joe G. Kirby, 11 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JANUARY 24, 1989 RESOLUTION NO. 12489-4 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM J - CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That that certain section of the agenda of the Board of Supervisors for January 24, 1989, designated as Item J - Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 through 6, inclusive, as follows: 1. Confirmation of appointment to the Community Corrections Policy Board. 2. Acceptance of water and sewer facilities serving Canterbury Park Section 3. 3. Acceptance of water and sewer facilities serving Canterbury Park Section 4. 4. Request for acceptance of Westbriar Court into the Va. Department of Transportation Secondary System. 5. Request for acceptance of a portion of Cavalier Drive and Cavalier Court into the Va. Dept. of Transportation Secondary System. 6. Acceptance of sewer facilities serving Penn Forest Wesleyan Church. 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 Nickens, and upon the following recorded vote: AYES: Supervisors Johnson, Robers, McGraw, Nickens, Garrett NAYS: None Mary H. Allen, Deputy Clerk Roanoke County Board of Supervisors 1/26/89 CC: Clifford Craig, Utility Director Phillip Henry, Engineering Director John Hubbard, Assistant County Administrator File ACTION #12489-4.a ITEM NUMBER AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE January 24, 1989 SUBJECT: Confirmation of Committee Appointments COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The following nominations were made at the previous board meeting and must now be confirmed by the Board of Supervisors. The nominee has agreed to serve. Community Corrections Policy Board Dr. Harry C. Nickens has been nominated by Supervisor Garrett to serve a three-year. The term will expire on December 21, 1991. SUBMITTED BY: Mary H. Allen Deputy Clerk APPROVED BY: Elmer C. Hodge County Administrator -------------------------------------------------------------------------- ACTION VOTE Approved Motion by: Bob T. Tohnson/flarry Yes No Abs Denied ( ) ('_ Nickens Garrett Received ( ) Johnson Referred McGraw u To: Nickens x Robers x cc: File Community Corrections Policy Board ACTION #12489-4.b ITEM NUMBER , —,7— AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: January 24, 1989 SUBJECT: Acceptance of water and sewer facilities serving Canterbury Park Section 3 COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The Developers of Canterbury Park Section 3, Boone, Boone, & Loeb, Inc., have requested that Roanoke County accept the Deed conveying the water and sewer lines serving the subdivision along with all necessary easements. The water and sewer lines are installed, as shown on plans prepared by Buford T. Lumsden & Associates entitled Section No. 3 Canterbury Park, dated October 17, 1986, which are on file in the Engineering Department. The water and sewer line construction meets the specifications and the plans approved by the County. FISCAL IMPACT: The values of the water and sewer construction are $99,350 and $35,640 respectively. RECOMMENDATION: The staff recommends that the Board of Supervisors accept the water and sewer facilities serving the subdivision along with all necessary easements, and authorize the County Administrator to execute a Deed for the transfer of these facilities. SUBMITTED BY: 1 Phillip T: Henry, P//' E. Director of Engineering APPROVED: giy1tN✓" Elmer C. Hodg County Administrator J-- ------------------------------------------------------------------ ACTION VOTE Approved (x) Motion by: Bob L. Johnson/Harry No Yes Abs Denied ( ) C. Nickens Garrett x Received ( ) Johnson x Referred McGraw x To Nickens x Robers x cc: File Phillip Henry Cliff Craig Reta Busher Diane Hyatt 2 01 _7 � VICINITY MAP k BEST / J , � 7-= .:--" -1dob_ "M01.819JaI COMMUNITY SERVICES Acceptance of water and sewer facilities AND DEVELOPMENT Canterbury Par':, Section 3 3 ACTION #12489-4.c ITEM NUMBER ,7-- —5 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: January 24, 1989 SUBJECT: Acceptance of water and sewer facilities serving Canterbury Park Section'4 COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The Developers of Canterbury Park 4, Boone, Boone & Loeb, Inc., have requested that Roanoke County accept the Deed conveying the water and sewer lines serving the subdivision along with all necessary easements. The water and sewer lines are installed, as shown on plans prepared by Buford T. Lumsden & Associates entitled Section No. 4 Canterbury Park, dated October 22, 1986, which are on file in the Engineering Department. The water and sewer line construction meets the specifications and the plans approved by the County. FISCAL IMPACT: The values of the water and sewer construction are $14,075 and $22,575 respectively. RECOMMENDATION: The staff recommends that the Board of Supervisors accept the water and sewer facilities serving the subdivision along with all necessary easements, and authorize the County Administrator to execute a Deed for the transfer of these facilities. SUBMITTED BY: APPROVED: Phillip T. Henry, P. $'. Director of Engineering Elmer_ C. Hodg? County Administrator Approved (x > Denied ( ) Received ( ) Referred To ACTION Motion by: Bob L. Johnson/Harry C. Nickens cc: File Phillip Henry Cliff Craig Reta Busher Diane Hyatt 2 VOTE No Yes Abs Garrett x Johnson x McGraw x Nickens x Robers x NORTH Y�, C ••G , • 1�511410 w•�19 , f►moo �. v � ► 5 • , � 1 1 •f s 4 20 a 42 %a 04 b` • 4 • a � titi '•i u 17 3 2 �• ;� '' 21 41 j, S4-" _ 19 a,a1 40 a i ,t•� -22 w 2 w J J!O! d •• 0 30 O „ 1 • � 34 21 24 , 33 3 3,2 K „ . fat. !� �• J+ .• AJf t, i J2 J 2S li �t �• » !sx 24 23 22 f s s 23 J1 ���� 26 !!f� 26 r 27 30 27 1 29 0 86 01 4 4 17 O, g � Acceptance of water and sewer facilities COMMUNITY SERVICES Canterbury Park, Section 4 AND DEVELOPMENT 3 AT THE REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JANUARY 24, 1989 RESOLUTION 12489-4.d REQUESTING ACCEPTANCE OF WESTBRIAR COURT INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY ROAD SYSTEM BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That this matter came this day to be heard upon the proceedings herein, and upon the application of Westbriar Court from its intersection with Cavalier Drive to the terminus at the cul-de-sac for a distance of 0.16 miles, to be accepted and made a part of the Secondary System of State Highways under Section 33.1-229 of the Virginia State Code. 2. That it appears to the Board that drainage easements and a fifty (50) foot right-of-way for said road has been decicated by virtue of a certain map known as Section No. 4 Canterbury Park Subdivision which map was recorded in Plat Book 10, Page 44, of the records of the Clerk's Office of the Circuit Court of Roanoke County, Virginia, on February 5, 1987, and that by reason of the recordation of said map no report from a Board of Viewers, nor consent or donation of right-of-way from the abutting property owners is necessary. The Board hereby guarantees said right-of-way for drainage. 3. That said roads known as Westbriar Court and which is on a certain sketch accompanying this Resolution, be, and the same is hereby established as a 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 Nickens and carried by the following recorded vote: AYES: Supervisors Johnson, McGraw, Nickens, Robers, Garrett NAYS: None A COPY TESTE: Mary H. Allen, Deputy Clerk Roanoke County Board of Supervisors cc: File Phillip Henry, Director, Engineering Arnold Covey, Director, Development & Inspections, and copy for Virginia Department of Transportation K f AT THE REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JANUARY 24, 1989 RESOLUTION 12489-4.e REQUESTING ACCEPTANCE OF A PORTION OF CAVALIER DRIVE AND CAVALIER COURT INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY ROAD SYSTEM BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That this matter came this day to be heard upon the proceedings herein, and upon the application of Cavalier Drive from a point 120' west of its intersection with Gloucester Court to the intersection with Salisbury Drive and 0.05 miles of Cavalier Court from its intersection with Cavalier Drive to the terminus at 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 roads have been dedicated by virtue of a certain map known as Section No. 3 Canterbury Park Subdivision which map was recorded in Plat Book 10, Page 33, of the records of the Clerk's Office of the Circuit Court of Roanoke County, Virginia, on December 17, 1986, and that by reason of the recordation of said map no report from a Board of Viewers, nor consent or donation of right-of-way from the abutting property owners is necessary. The Board hereby guarantees said right-of-way for drainage. 3. That said roads known as Cavalier Drive and Cavalier Court and which are shown on a certain sketch accompanying this Resolution, be, and the same are hereby established as public roads to become a part of the State Secondary System of Highways in Roanoke County, only from and after notification of official acceptance of said streets or highways by the Virginia Department of Transportation. On motion of Supervisor Johnson, seconded by Supervisor Nickens and carried by the following recorded vote: AYES: Supervisors Johnson, McGraw, Robers, Nickens, Garrett NAYS: None A COPY TESTE: Mary H. Allen, Deputy Clerk Roanoke County Board of Supervisors cc: File Phillip Henry, Director, Engineering Arnold Covey, Director, Development & Inspections, and copy for Virginia Department of Transportation 2 ACTION #12489-4.f ITEM NUMBER `T AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: JANUARY 24, 1989 SUBJECT: Acceptance of sewer facilities serving Penn Forest Wesleyan Church COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The Developers of Penn Forest Wesleyan Church have requested that Roanoke County accept the Deed conveying the sewer lines serving the building along with all necessary easements. The sewer lines are installed, as shown on plans prepared by Buford T. Lumsden and Associates entitled Penn Forest Wesleyan Church, dated March 23, 1988, which are on file in the Engineering Department. The sewer line construction meets the specifications and the plans approved by the County. FISCAL IMPACT: The value of the sewer construction is $4844.00 respectively. RECOMMENDATION: The staff recommends that the Board of Supervisors accept the sewer facilities serving the development along with all necessary easements, and authorize the County Administrator to execute a Deed for the transfer of these facilities. SUBMITTED BY: Phillip T. ,Henry, P.E: Director of Engineer-ing APPROVED: Elmer C. Hodge' County Administrator Approved (x) Denied ( ) Received ( ) Referred To ACTION Motion by: Bob L. Johnson/Harry C. Nickens Garrett Johnson cc: File Phillip Henry Cliff Craig Reta Busher Diane Hyatt 2 McGraw Nickens Robers � CD VOTE No Yes Abs _ x _ x _ x _ x x NORTH Acceptance of Sewer facilities serving COMMUNITY SERVICES Penn Forest Wesleyan Church AND DEVELOPMENT 3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JANUARY 24, 1989 ORDINANCE 12489-5 ACCEPTING AN OFFER FOR AND AUTHORIZING THE CONVEYANCE OF SURPLUS PROPERTY NEAR THE INTERSECTION OF HUNTING HILLS DRIVE AND STARKEY ROAD 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 de- clared to be surplus and is being made available for other public uses, i.e. road improvements; and 2. That pursuant to the provisions of Section 18.04 of the Charter of Roanoke County, a first reading concerning the sale and disposition of the hereinafter described property was held on January 10, 1989; a second reading was held on Jan- uary 24, 1989; and 3. That this property is an abandoned pumping and valve station located on property owned or formerly owned by the Hunting Hills Land Corporation near the intersection of Hunting Hills Drive and Starkey Drive; and 4. That the offer of the Virginia Department of High- ways in the amount of $1,634.00 is hereby accepted and all other offers are rejected; and 5. That all proceeds from the sale of this property are to be allocated to the capital reserves of the County; and 6. That the County Administrator is authorized to exe- cute such documents and take such actions on behalf of Roanoke County as are necessary to accomplish the conveyance of said pro- 4V perty, all of which shall be upon form approved by the County Attorney. On motion of Supervisor Nickens, seconded by Supervisor Robers and carried by the following recorded vote: AYES: Supervisors Johnson, McGraw, Robers, Nickens, Garrett NAYS: None A COPY TESTE: Mary H. Allen, Deputy Clerk Roanoke County Board of Supervisors cc: File John Hubbard, Assistant County Administrator Phillip Henry, Director, Engineering Cliff Craig, Director, Utilities Paul Mahoney, County Attorney John Willey, Director, Real Estate Assessment Reta Busher, Director, Management & Budget Diane Hyatt, Director, Finance is AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JANUARY 24, 1989 ORDINANCE 12489-6 AMENDING AND REENACTING THE ROANOKE COUNTY CODE TO PROVIDE FOR A PROHIBITION UPON THE LOCATION OF CERTAIN TYPES OF SIGNS WHEREAS, the Board of Supervisors of Roanoke County, Virginia, recognizes that "general advertising" signs (bill- boards) are becoming a blight upon the County, and that this is the functional equivalent of a public nuisance, adversely affect- ing the appearance of the community, aesthetics, vitality, the enhancement of property values, as well as the value of the County's commercial and residential areas, and that such signs constitute a traffic hazard adversely affecting the traffic safe- ty in the County; and WHEREAS, Section 15.1-510 of the 1950 Code of Virginia, as amended, authorizes any county to adopt such measures as it may deem expedient to secure and promote the health, safety, and general welfare of the inhabitants of the county, and further that the provisions of Chapter 18 of Title 15.1 (Section 15.1-837 et seq.), and that Section 2.01 of the Roanoke County Charter (1986 Acts of Assembly, Chapter 617) authorize the adoption of this ordinance; and WHEREAS, the first reading of this ordinance was held on January 10, 1989, and the second reading of this ordinance was held on January 24, 1989. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: Sec. 1. Definitionq_ Sign. Any display of any letters, words, numerals, figures, devices, emblems, pictures, or any parts or combinations thereof, by any means whereby the same are made visible for the purpose of making anything known, whether such display be made on, attached to, or as a part of a structure, surface, or any other thing, including but not limited to the ground, any rock, tree, or other natural object which display is visible beyond the boundaries of the parcel of land on which the same is made. This definition includes the supports, uprights, bracing, and frame- work of any structure, be it single-faced, double-faced, v-type or otherwise, exhibiting a sign. General advertising sign. A sign which directs atten- tion to a product, commodity, or service not conducted, sold, or offered upon the same lot or parcel where such sign is located. Sec. 2. Prohibited signs. No general advertising sign shall be located within the county. Sec. 3. Vested rights. Nothing in this ordinance shall be con- strued to authorize the impairment of any vested right to an existing general advertising sign and that those signs in use at the effective date of this ordinance may be continued. If any change in title or possession or renewal of a lease of any sign or sign structure that is the subject of this ordinance or any lot or parcel upon which a sign or sign struc- ture is located occurs, then the use of that sign or sign struc- ture may be continued. If any sign or sign structure is discon- tinued for a period exceeding two years after the effective date 2 of this ordinance, then it shall conform to the provisions of this ordinance. The construction of a sign or sign structure for which a permit was legally issued according to the provisions of the Roanoke County Zoning Ordinance prior to the effective date of this ordinance may proceed and continue; provided, that the con- struction of said sign and sign structure is completed within thirty (30) days after the effective date of this ordinance. Any sign or sign structure which would otherwise be prohibited by the provisions of this ordinance may not be ex- tended or enlarged. Any sign or sign structure which is destroyed or damaged in any manner to the extent of the cost of restoration to its condition before the occurrence shall exceed fifty (50) percent of the cost of reconstruction may not be repaired or restored unless it is in compliance with the provi- sions of this ordinance. Sec. 4. Violations. Any violation of the provisions of this ordinance shall constitute a Class 1 misdemeanor and be punished as provided in Section 1-10 of this Code. In addition, the County Administrator on behalf of the Board of Supervisors shall have all necessary authority to admin- ister and enforce the provisions of this ordinance, including the bringing of legal action to insure compliance with the ordinance, including injunction, abatement or other appropriate action or proceeding. 3 Sec. 5. Severability. In the event that any portion of this ordinance is held to be invalid, such invalidity shall not affect the other valid portions of this ordinance. Sec. 6. Effective date. The effective date of this ordinance shall be January 25, 1989. On motion of Supervisor Johnson, seconded by Supervisor McGraw and carried by the following recorded vote: AYES: Supervisors Johnson, McGraw, Robers, Nickens, Garrett NAYS: None A COPY TESTE: Mary H. Allen, Deputy Clerk Roanoke County Board of Supervisors cc: File John Hubbard, Assistant County Administrator Arnold Covey, Director, Development & Inspections Terry Harrington, Director, Planning Claude Lee, Zoning Administrator Michael Kavanaugh, Sheriff Paul Mahoney, County Attorney Skip Burkart, Commonwealth Attorney Magistrate Sheriff's Department Roanoke Law Library, 315 Church Avenue, S.W., Roa 24016 Main Library Resolution/Ordinance File Roanoke County Code Book Roanoke County J&D Court, Intake Counsellor J ACTION # A12489-7 ITEM NUMBER 8 - 3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: January 24, 1989 AGENDA ITEM: Petition of Jolly Time, Inc. for a Special Exception Permit to operate an amusement and video arcade located at 4394 Electric Road in Tanglewood Mall in the Cave Spring Magisterial District. COUNTY ADMINISTRATOR'S COMMENTS 013 a SUMMARY OF INFORMATION See attached Staff Report. STAFF RECOMMENDATION Staff recommends approval of the request for a Special Exception Permit with the condition cited at the end of the staff report. SUBMITTED BY: APPROVED BY: Ddu- Dale Castellow Acting Director of Planning ACTION VOTE Approved (x) Motion by: Harry C. Nickens/ No Yes Abs Denied ( ) Steven A. McGraw with Garrett _ x _ Received i ) condition (1) Hours of Johnson x Referred operation for the arcade McGraw _ x _ To should not exceed the Nickens _ x _ operating hours of the malRobers x cc: File Dale Castellow Terry Harrington Elmer C. Hodge County Administrator ACTION VOTE Approved (x) Motion by: Harry C. Nickens/ No Yes Abs Denied ( ) Steven A. McGraw with Garrett _ x _ Received i ) condition (1) Hours of Johnson x Referred operation for the arcade McGraw _ x _ To should not exceed the Nickens _ x _ operating hours of the malRobers x cc: File Dale Castellow Terry Harrington