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Home My WebLink About12/17/1991 - Regular December 17, 1991 89 8 ._._.,_,.._,,___..,.__.~_M___.______ ..~.. ~'-"-"- ... ->- -~ "--_._-_._-_.~-~------_..._,----_._----~- Roanoke County Board of Supervisors Roanoke County Administration Center 3738 Brambleton Avenue, S.W. Roanoke, Virginia 24018 December 17, 1991 The Board of Supervisors of Roanoke County, Virginia, met this day at the Roanoke County Administration Center, this being the third Tuesday, and the second regularly scheduled meeting of the month of December, 1991. IN RE: CALL TO ORDER Chairman McGraw called the meeting to order at 3: 10 p.m. The roll call was taken. MEMBERS PRESENT: Chairman Steven A. McGraw, Vice Chairman Harry C. Nickens, Supervisors Lee B. Eddy, Bob L. Johnson (arrived 4:30 p.m.), Richard W. Robers MEMBERS ABSENT: None STAFF PRESENT: Elmer C. Hodge, County Administrator; Paul M. Mahoney, County Attorney; Brenda J. Holton, Deputy Clerk; John M. Chambliss, Assistant County Administrator; John R. Hubbard, Assistant County Administrator; Don M. Myers, Assistant County Administrator; Anne Marie Green, Information Officer 89 9 ' December 17, 1991 IN RE: OPENING CEREMONIES The invocation was given by the Reverend Samuel W. Crews, Coopers Cove Baptist Church. The Pledge of Allegiance was recited by all present. IN RE: REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF THE AGENDA ITEMS Supervisor Eddy requested that the ordinance authorizing the acceptance of 45 acres of real estate adjacent to Vinyard Park be discussed in Executive Session. IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND AWARDS ~ Resolution of Conaratu1ations to willis Buchanan, Hollins Rescue Sauad, for receivina the Governor's Award for Excellence in Emeraencv Medical Services. R-121791-1 Mr. Buchanan was present to receive the resolution. Chief T. C. Fuqua, Roanoke County Fire & Rescue, read Mr. Buchanan's resolution from the Governor and displayed the Governor's Award. Supervisor Eddy moved to adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Robers, Nickens, McGraw NAYS: None ABSENT: Supervisor Johnson December 17, 1991 900 "~ ~___··~._,__·,_·._,_.,,·__,"______·_M ~.-- -'''..--.-.- - . -, ~- - < _. ,'uo ~__'''. _~~ .._..,.....,.__. ,~___ _ -..- _._-_.._~,---_._._..- "'---"'''','-<-'---''--'--- ,-._--,-"._- _.._-~._~,,----_._----_..,-,..~--- RESOLUTION 121791-1 OF CONGRATULATIONS TO WILLIS BUCHANAN FOR RECEIVING THE GOVERNOR'S AWARD FOR EXCELLENCE IN EMERGENCY MEDICAL SERVICES WHEREAS, willis Buchanan has been active in Roanoke County Volunteer Fire and Rescue #5 - HOllins, and has served as an officer in that department for 23 years; and WHEREAS, willis Buchanan has served as Chaplain for the Roanoke County Fire and Rescue Department since 1981, providing an invaluable service to the men and women who respond to emergency situations and disasters on a daily basis; and WHEREAS, Chaplain Buchanan has also been active in various local and state organizations, including the Roanoke Valley Association of Rescue Squads, the Julian Stanley Wise Foundation, the Western Virginia E.M.S. Council, and the Virginia Association of Volunteer Rescue Squads; and WHEREAS, through these activities, "Buck" Buchanan has provided an invaluable service to all the citizens of Roanoke County; and WHEREAS, Chaplain Buchanan recently received the Governor's Award for Excellence in Emergency Medical Services. NOW, THEREFORE , BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, does hereby express sincere congratulations on behalf of itself and the citizens of Roanoke County to WILLIS BUCHANAN for receiving this state-wide recognition; and FURTHER, BE IT RESOLVED, that the Board also extends its appreciation and gratitude to Chaplain Buchanan for his services to 901 December 17, 1991 the emergency personnel of Roanoke County. On motion of Supervisor Eddy to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Eddy, Robers, Nickens, McGraw NAYS: None ABSENT: Supervisor Johnson ~ Resolution of ADDreciation UDon the Retirement of Jean D. ThomDson. R-121791-2 Ms. Thompson was present to receive the resolution. Supervisor Eddy moved to adopt the resolution. The motion carried by a unanimous voice vote with Supervisor Johnson absent. RESOLUTION 121791-2 EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY TO JEAN D. THOMPSON FOR 15 YEARS OF SERVICES TO ROANOKE COUNTY WHEREAS, Jean D. Thompson was first employed in August, 1976, as a Clerk Typist in the Social Services Department; and WHEREAS, Jean D. Thompson also served as a Clerk III in the Social Services Department; and WHEREAS, Jean D. Thompson, through her employment with Roanoke County, has been instrumental in improving the quality of life for its citizens. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors- December 17, 1991 902 --~-<~---_.._._----~ _. ~~,~. '.- .... ----.-. _____·_·___.~._··.______~~·_____.____w._ of Roanoke County, Virginia, expresses its deepest appreciation and the appreciation of the citizens of Roanoke County to JEAN D. THOMPSON for fifteen 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 Eddy to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Eddy, Robers, Nickens, McGraw NAYS: None ABSENT: Supervisor Johnson ~ Resolution of ADDreciation to Richard W. Robers for his services on the Board of SUDervisors. R-121791-3 Supervisor Robers was present to receive a framed resolution and plaque. Supervisor Eddy moved to adopt the resolution. The motion carried by a unanimous voice vote with Supervisor Johnson absent and Supervisor Robers abstaining. RESOLUTION 121791-3 OF APPRECIATION TO RICHARD W. ROBERS FOR HIS SERVICE AS A MEMBER OF THE ROANOKE COUNTY BOARD OF SUPERVISORS WHEREAS, Richard W. Robers was first elected to the Roanoke County Board of Supervisors from the Cave Spring Magisterial District 903 ' December 17, 1991 .,------.-- in 1987; and WHEREAS, Mr. Robers served the County of Roanoke tirelessly and selflessly for a period of four years, devoting many hours to the business of Roanoke County, both as a member of the Board, Vice Chairman for 1988 and 1989, and Chairman for 1990, and in all capacities, Mr. Robers served capably the citizens of the County; and WHEREAS, during his term, Mr. Robers served with distinction on the Audit Committee, Regional Airport Commission, Western Virginia Development Corporation, Clean Valley Committee, Roanoke Valley Cooperation Committee, Fifth Planning District Commission, Sesquicentennial Committee and Roanoke County Resource Authority; and WHEREAS, Mr. Robers was instrumental in the establishment of the Economic Bridges Program and funding for the Smart Highway. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County, Virginia, does hereby express its deepest appreciation and the appreciation of the citizens of Roanoke County to RICHARD W. ROBERS for his capable, loyal and dedicated service to Roanoke County; and FURTHER, the Board of Supervisors wishes Mr. Robers continued success in all his future endeavors and hopes that he will continue his involvement with and concern for the citizens of Roanoke County. On motion of Supervisor Eddy to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Eddy, Nickens, McGraw NAYS: None December 17, 1991 90 4 ...---------- ABSENT: Supervisor Johnson ABSTAIN: Supervisor Robers ~ Resolution of ADDreciation to steven A. McGraw for his chairmanshiD and services on the Board of SUDervisors. R-121791-4 Vice-Chairman Nickens presented a framed resolution and plaque to Supervisor McGraw recognizing his tenure as a member and as Chairman of the Board of Supervisors. Since Mr. McGraw's term as Clerk of the Roanoke County Circuit Court begins January 1, 1992, he was presented with his "Last will and Testament" as his first official document. Supervisor Eddy moved to adopt the resolution. The motion carried by a unanimous voice vote with Supervisor Johnson absent and Supervisor McGraw abstaining. RESOLUTION 121791-4 OF APPRECIATION TO STEVEN A. MCGRAW FOR HIS SERVICES AS A MEMBER AND AS CHAIRHAN 0 F THE ROANOKE COUNTY BOARD OF SUPERVISORS FOR 1985 AND 1991 WHEREAS, Steven A. McGraw was first elected to the Board of Supervisors of Roanoke County from the Catawba Magisterial District in 1983, and was reelected in 1987; and WHEREAS, Mr. McGraw served the County of Roanoke tirelessly and selflessly for a period of eight years, devoting many hours to the business of Roanoke County both as a member of the Board, Vice Chairman for 1990, and Chairman for 1985 and 1991, and in all /"" 0 5 ":J ~ .. December 17, 1991 .._--~ _._---"--~-'-------- . capacities, Mr. McGraw served capably the citizens of the County; and WHEREAS, during his term, Mr. McGraw served with distinction on the Blue Ridge Region Commission, Sesquicentennial Committee, Roanoke Valley Cooperation Committee, Cablevision Committee, Cablevision Negotiating Subcommittee, and Roanoke County Resource Authority; and WHEREAS, Mr. McGraw further served the citizens as President of the Virginia Association of Counties, President of the Blue Ridge Region of Virginia, Incorporated, member of the Grayson Commission, and Chairman of the VACo/VML Task Force on Annexation. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County, Virginia, on behal f of all i ts citizens, does hereby extend its gratitude and appreciation to STEVEN A. MCGRAW for his many significant contributions to the County as Member, Vice Chairman and Chairman of the Board of Supervisors; and FURTHER, the Board of Supervisors does wish Mr. McGraw continued success in his newly elected office as Clerk of the circuit Court of Roanoke County. On motion of Supervisor Eddy to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Eddy, Robers, Nickens NAYS: None ABSENT: Supervisor Johnson ABSTAIN: Supervisor McGraw December 17, 1991 906 .- -- '--'.-- _._--~.__._~-".._,,_.- . --_'-_-~-'-~-'_'.-_'_-_._'_'--_.._--_.- "-'--'-'-~~--~-"-'-"'---'---' -~-"-"-'--"'----.--"._,----- ~ Resolutions of ADDreciation for their services as Constitutional Officers to: R-121791-S ~ Elizabeth W. Stokes, Clerk of Circuit Court Mrs. Stokes was not present and the framed resolution will be given to Mrs. Stokes at a reception in honor of her retirement on December 30, 1991, at the Courthouse. Supervisor Nickens moved to adopt the resolution. The motion carried by a unanimous voice vote wi th Supervisor Johnson absent. RESOLUTION 121791-5 OF APPRECIATION TO ELIZABETH W. STOKES FOR HER SERVICES AS CLERK OF THE CIRCUIT C 0 U R T FOR ROANOKE COUNTY WHEREAS, Elizabeth W. Stokes has served Roanoke County for thirty years, having been employed by the Roanoke County School Administration from 1961 until 1967; and WHEREAS, Mrs. Stokes was elected Clerk of the Circuit Court for Roanoke County in 1967, and was reelected to that office in 1975, and 1983; and WHEREAS, Mrs. Stokes has held leadership positions in numerous organizations including the Virginia Association of Counties; the National Association of Counties; the National Association of Clerks and Recorders; and the Virginia Circui t Court Clerks Association; and WHEREAS, Mrs. Stokes was selected the National Clerk of the Year in 1987 by the National Association of Clerks and Recorders; and 90 7 ¡¡ December 17, 1991 WHEREAS, Mrs. Stokes has served on numerous committees and-- advisory boards on both the state and national level and has served since 1974 as the County appointee to the Total Action Against Poverty Board of Directors; and WHEREAS, Mrs. Stokes did at all times act with distinction, exhibiting her outstanding ability to serve the best interest of all the citizens of Roanoke County. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County, Virginia, does express its deepest appreciation and the appreciation of the citizens of Roanoke County to ELIZABETH W. STOKES for her many years of capable, loyal and dedicated service to Roanoke County; and FURTHER, the Board of Supervisors does wish Mrs. Stokes continued success in all her future endeavors. On motion of Supervisor Nickens to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Eddy, Robers, Nickens, McGraw NAYS: None ABSENT: Supervisor Johnson b. Michael F. Kavanauah, Sheriff R-121791-6 Sheriff Kavanaugh was not present and the framed resolution will be given to him at the reception in honor of Sheriff Kavanaugh and Mrs. Stokes' retirement on December 30, 1991, at the Courthouse. December 17, 1991 908 -_..._._.._,,_...._-----"'"-_._.~_."..-._~--,---..._..- ..._~_..._."._._..- ......." ",.... ---"^~-- - ~..."-'._._. --- - --....". ...-.- . 0_ ___. _'.'_~ .....w...___..._._.,. ._.._ _ . ___.'.._ __._ .'_,",_ _.'_ ,,__~__.._.,__. __.·._n"_"'__··__~··_''"___·___ .._.._.__.._~._,_._..._ .___',', __~".~ ---.--. ...-.-.-.--.- ,.,--_...._-_..~-_.~-_._._-".__._-- Supervisor Nickens moved to adopt the resolution. The motion carried by a unanimous voice vote with Supervisor Johnson absent. RESOLUTION 121791-6 OF APPRECIATION TO MICHAEL F. KAVANAUGH FOR HIS SERVICES AS SHERIFF OF ROANOKE COUNTY WHEREAS, Michael F. Kavanaugh has served Roanoke County for eighteen years, having been employed by the Roanoke County Sheriff's Department from 1969 until 1983; and WHEREAS, Mr. Kavanaugh was elected Sheriff of Roanoke County in 1987; and WHEREAS, Sheriff Kavanaugh has been active in various organizations, including the American Society for Public Administrators, the National Criminal Justice Association, the Virginia Association of Law Enforcement Explorer Advisors, the Virginia Crime Prevention Association, the North American Association of Wardens, the Virginia State Sheriff's Association, the National Sheriff's Association; and the Virginia Association of Counties; and WHEREAS, Sheriff Kavanaugh established the Inmate Work Force Program which was recognized by an award from the National Association of Counties, and instituted the Inmate Literacy Program; and WHEREAS, during Sheriff Kavanaugh's tenure in office, the jail received 100% certification from the Virginia Department of Corrections. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors 90 9 ~ December 17, 1991 "-,.~-_._.<_.._~._.,--_._-----,--~ of Roanoke County, Virginia, does express its deepest appreciation and-- the appreciation of the citizens of Roanoke County to MICHAEL F. KAVANAUGH for his many years of capable, loyal and dedicated service to Roanoke County; and FURTHER, the Board of Supervisors does wish Mr. Kavanaugh continued success in all his future endeavors. On motion of Supervisor Nickens to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Eddy, Robers, Nickens, McGraw NAYS: None ABSENT: Supervisor Johnson IN RE: NEW BUSINESS ~ Donation from Catawba Ruritan Club of 50 "Rudy Ruritan" Bears to the Police DeDartment. Mr. Edward G. Kohinke, Sr., representing the Catawba Ruritan Club, presented fifty "Rudy Ruritan" Bears to Chief of Police John Cease. These bears are to be given out by police officers to young children in traumatic situations such as accidents or fires. Chairman McGraw directed that a resolution of appreciation be prepared and presented to the Catawba Ruritan Club at the next meeting. ~ ApDroDriation of Droceeds from the sale of land known as Shamrock Park. December 17, 1991 j10~~ --, -, _.___w_.··_ _..__ _.__.~ _._ -- ..,---_.,--~--_.__.."-,----_.._._---_._--------- A-121791-7 There was no discussion. Supervisor Nickens moved to approve the staff recommendation appropriating up to $10,000 from the Capital Fund to cover the emergency repairs at the Roanoke County Career Center ball field lights, and up to $10,000 to cover the cost of playground equipment at Green Hill Park, with the balance of $8,511 remaining in the Capital Fund. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Robers, Nickens, McGraw NAYS: None ABSENT: Supervisor Johnson ~ Authorization to neaotiate oDtions and drill well sites in the vicinity of Forest Edqe and Carriaae Hills Subdivisions. A-121791-8 utility Director Cliff Craig advised that the Virginia Heal th Department has requested that Roanoke County discontinue the issuance of building permits for any new houses in the Forest Edge Subdivision until additional water supply is provided. They have also requested the Roanoke County Health Department discontinue issuance of septic tank drain field permits in this subdivision. Mr. Craig advised that staff is requesting permission to drill additional wells in the Forest Edge area to provide an adequate water supply for existing lots that currently have County water services. The cost is estimated at $50,000. 911 ~ December 17, 1991 ¡--- === Ruth Murphv. 7920 Cedar Edae Road. was concerned that no new-- homes be built until water is available; lack of information from the County about reduction in water usage; property val ues and landscaping. Don williams. 7844 Forest Edae Drive. commented that even with the additional wells, the fire fighting ability would still be inadequate; and was concerned about property values and landscaping. After discussion, Supervisor Eddy moved to approve the staff recommendation to negotiate options and drill well sites, but not to impose a restriction on supplying only those existing lots without further information. There was no vote. Supervisor Nickens offered a substitute motion to approve the staff recommendation including the restriction. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Robers, Nickens, McGraw NAYS: None ABSENT: Supervisor Johnson h ADDroval of amendments to the reau1ation of smokina within Roanoke County Government buildinas. A-121791-9 Supervisor Robers moved to approve the staff recommendation for the new smoking policy for county-owned buildings and the related handbook amendments, effective January 1, 1992. There was no vote. Supervisor Nickens offered a substitute motion to have smoke free county buildings as of April 1, 1992 and in the interim months December 17, 1991 912 ____..._-.___m.··_·..·~ - --..- ..__.~-_.- ____~·_~_,___._"____h_~_____________ from January to April, set up programs in house or reimburse employees to attend smoking cessation programs, and that during this time, there will be no change in the policy regarding breaks. After further discussion, Supervisor Nickens withdrew this motion. Supervisor Nickens made another substitute motion that smoking in those buildings under County control be eliminated effective January 1, 1992; with smoking taking place outside; and that the matter be referred back to the Smoking Committee to find the percent of County employees who smoke and the cost for reimbursing employees for smoking cessation. The motion carried by the following recorded vote: AYES: Supervisors RObers, Nickens, McGraw NAYS: Supervisor Eddy ABSENT: Supervisor Johnson IN RE: REQUESTS FOR WORK SESSIONS ~ Reauest for Work Session to discuss revisions to the Secondary System, six Year Construction Plan (1992-98) Supervisor Nickens moved to set a work session on the six Year Construction Plan for the January 28, 1991 meeting. The motion carried by a unanimous voice vote. Supervisor Nickens moved to set a preliminary budget work session for the January 14, 1992 meeting. The motion carried by a unanimous voice vote. 9 1 '3 ~. December 17, 1991 T____~.____..___. IN RE: REQUEST FOR PUBLIC HEARING AND FIRST READING OF REZONING- ORDINANCES - CONSENT AGENDA Supervisor Nickens moved to approve first reading and set the public hearing for January 28, 1992. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Robers, Johnson, Nickens, McGraw NAYS: None ~ Ordinance authorizing a Use Not Provided for Permit to allow summer concerts, located in ValleVDointe, Hollins Maaisteria1 District, UDon the Detition of Easter Seal Society of VA, Inc. IN RE: FIRST READING OF ORDINANCES ~ Ordinance authorizina the lease of real estate for use-- as a temDorary leaf collection and disDosal site. Supervisors Eddy requested that the first and second reading dates be corrected in the ordinance. Supervisor Nickens moved to approve first reading of the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy, NAYS: None IN RE: SECOND READING OF ORDINANCES ~ ordinance authorizina the acceDtance of 45 acres of real estate adiacent to Vinyard Park. Approval of this item was made at the evening session December 17, 1991 914 _._-_._-~..- -.- - ._-".~- "~..- - .-_. ---'_'__'<'__._'-"'_--'~'_-_"_-_._--.._----<--""--'-"---~'-"--'--'-"--'_._'--~.~--_.-_._.._-_.---_._.._-- -~ following discussion in Executive Session. IN RE: APPOINTMENTS ~ Social Services Board Supervisor Nickens nominated Robert H. Lewis to another four-year term which will expire January 1, 1996 and requested that Mr. Lewis's appointment be confirmed on the Consent Agenda. IN RE: CONSENT AGENDA R-121791-10 Supervisor Nickens requested that Item 6 be removed and discussed during the Executive Session. Supervisor Johnson moved to approve the resolution with Items 2, 3, 6, and 7 removed for a separate vote. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Robers, Johnson, Nickens, McGraw NAYS: None Supervisor Johnson moved to approve Item 2. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Robers, Johnson, Nickens NAYS: None ABSTAIN: Supervisor McGraw Supervisor Johnson moved to approve item 3. carried by the following recorded vote: The motion 915 December 17, 1991 ¡== AYES: Supervisors Eddy, Robers, Johnson, Nickens NAYS: None ABSTAIN: Supervisor McGraw RESOLUTION 121791-10 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM K - CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the certain section of the agenda of the Board of Supervisors for December 17, 1991, designated as Item K - Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 through 8, inclusive, as follows: 1. Approval of 50/50 raffle permit for Women of the Moose #1022. 2. Approval of Bingo permit for Roanoke Moose Lodge #284. 3. Approval of 50/50 Raffle permit for Roanoke Moose Lodge #284. 4. Confirmation of Committee Appointments to the Grievance Panel and Social Services Board. 5. Authorization to declare certain furniture as surplus property located in the Clerk of Circuit Court's Office. 6. Approval of Rcsolution of moral support for Roano]œ County Rcsoürcc Authority landfill financin~. 7 . Amendments to Special Exception Permi t Conditions and Operating Policies for Smith Gap Landfill. 8. Approval of 50/50 Raffle permit for Northside Booster Club. December 17, 1991 916 -~--'--~- .~~,' . ~,- ~_._....."- _"_"_'~·~M_.'~___.' __~_._ ,_..._~____.____._..__ ..__~_._____.'___._ .. ·..._.">__________·.__·_.___.~___"_..,.____~M'.....~_ ~.__.__ ,.._ --,--,------,_.,.._--,----~-~,_._~...._- --- 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 to approve consent resolution with items 2, 3, 6, and 7 removed for a separate vote, with item 6 to be discussed in Executive Session, and carried by the following recorded vote: AYES: Supervisors Eddy, Robers, Johnson, Nickens, McGraw NAYS: None On motion of Supervisor Johnson to approve item 2, and carried by the following recorded vote: AYES: Supervisors Eddy, Robers, Johnson, Nickens NAYS: None ABSTAIN: Supervisor McGraw On motion of Supervisor Johnson to approve item 3, and carried by the following recorded vote: AYES: Supervisors Eddy, Robers, Johnson, Nickens NAYS: None ABSTAIN: Supervisor McGraw On substitute motion of Supervisor Eddy to approve item 7 wi th changes on page 1, 16, and 17, and carried by the following recorded vote: AYES: Supervisors Eddy, Robers, Johnson, Nickens, McGraw NAYS: None 917 ~'¡ December 17, 1991 - h Amendments to SDecial ExceDtion Permit Conditions and ODeratina Policies for smith GaD Landfill. A-121791-10. f Jack Waldeck. 3729 Mvrtle Lane. Ellison. Va. advised that some parcels of land were only partially protected and requested that the corridor protection be expanded from 1800 to 2500 feet on each side of the road. It was the consensus of the supervisors that the rail corridor remain at 1800 feet on each side of the rail spur. Supervisor McGraw moved to approve the amendments. There was no vote. Supervisor Eddy made a substitute motion to approve the amendments with the following changes: eliminate the second title page, relist the localities and add Montgomery County to landfill- users on page 16; eliminate the second paragraph page 16; and eliminate the title on page 17. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Robers, Johnson, Nickens, McGraw NAYS: None IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS SUDervisor Johnson: (1) He apologized for being late to the meeting due to a business meeting. (2) He expressed his regret at not being present for the presentations to Steve McGraw and Dick Robers. He expressed appreciation for their services and commended the Board for its handling of many major issues in the best interests of the December 17, 1991 918 ",---,$.._------ County, despite their individual differences. SUDervisor Robers: (1) He expressed his admiration for and his thanks to the past and present board members, staff and citizens. (2) He asked that the Board recognize at the next meeting that the Penn Forest Elementary School and the Cave Spring Elementary School received blue ribbon school recognition for 1991-92. SUDervisor Mcaraw: (1) He expressed his appreciation for the presentation made earlier and his agreement with the comments made by Supervisor Johnson. IN RE: REPORTS Supervisor Eddy requested discussion of Items 6, 8, and 9. Supervisor Johnson requested discussion of Items 1, 2, 3, 4, and 5. After discussion of those items, Supervisor Johnson moved to receive and file the reports. The motion carried by a unanimous voice vote. 1. General Fund Unappropriated Balance 2. Capital Fund Unappropriated Balance 3. Board Contingency Fund 4. Accounts Paid - November, 1991 5. Statement of Expenditures and Revenues as of November 30, 1991. Supervisor Johnson expressed his concern about the upcoming budget because of the reductions in state aid to localities. Supervisor Nickens requested that the Employee Advisory Committee or the Gang of 40 be contacted for employee opinions concerning layoffs or pay reductions. 91 9 - December 17, 1991 6. raIl Lear COllect1on. Supervisor Johnson requested that re-instituting vacuum collection of leaves be placed on the Board Retreat Agenda for January 18, 1992. 7. Converting residential bulk and brush pick-ups from twice-monthly to once-monthly pick-ups in automated neighborhoods. 8. Purchase of recycled paper products and plans to meet mandated 10% diversion by end of 1991. Supervisor Eddy requested that the staff determine the additional cost for using recycled paper. Supervisor McGraw suggested that if the County could not use recycled paper with the notation "recycled" paper, the notation "recyclable" paper could be used. 9. Recycle Test Program comparing the three methods of curbside collection. IN RE: EXECUTIVE SESSION At 6:15 p.m., Supervisor Nickens moved to go into Executive pursuant to the Code of Virginia Section 2.1-344 A (7) to discuss a specific legal matter requiring the provision of legal advice by the County Attorney and briefings by staff members (a) concerning a contract with Roanoke City (b) concerning a contract with the City of Salem (c) concerning a contract with Montgomery County (d) concerning the Dixie Caverns Landfill (e) concerning acceptance of real estate adjacent to Vinyard Park. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Robers, Johnson, Nickens, McGraw NAYS: None December 17, 1991 920 --_...,------~'.._----,_.~------- ---'-'._"-'--'-~"-'-----'-~"-----_.._-------_. EVENING SESSION IN RE: CERTIFICATION OF EXECUTIVE SESSION R-121791-11 At 7:15 p.m., Supervisor Nickens moved to adopt the Certification Resolution. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Robers, Johnson, Nickens, McGraw NAYS: None RESOLUTION 121791-11 CERTIFYING EXECUTIVE MEETING WAS HELD IN CONFORMITY WITH THE CODE OF VIRGINIA WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened an executive meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of The Virginia Freedom of Information Act; and WHEREAS, Section 2.1-344.1 of the Code of Virginia requires a certification by the Board of Supervisors of Roanoke County, Virginia, that such executive meeting was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, hereby certifies that, to the best of each members knowledge: 1. Only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the executive 921l:J December 17, 1991 meeting which this certification resolution applies, and 2. Only such public business matters as were identified in the motion convening the executive meeting were heard, discussed or considered by the Board of Supervisors of Roanoke County, Virginia. On motion of Supervisor Nickens to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Eddy, Robers, Johnson, Nickens, McGraw NAYS: None IN RE: PUBLIC HEARINGS 1291-1 This Dublic hearina was held on December 3, 1991 1291-2 Amendments to Roanoke County Charter section 2.02,-- Taxina Dowers, relatina to taxes on hotel/motel rooms and tax on ciaarettes or tobacco Droducts: Section 5.02 Police deDartment fundina; and Section 12.04, Manaaement of Schools. R-121791-12 County Attorney Paul Mahoney advised that the legislative program for 1992 adopted by the Board on October 22, 1991, included requesting the General Assembly to amend the Roanoke County Charter by (1) to levy and collect taxes on hotel and motel rooms from 2% to 4% (2) to impose a tax on sale or use of cigarettes or other tobacco products (3) to establish a distribution of funds for law enforcement expenditures in an amount not less than the amount of expenditures by the state Compensation Board (4) authorize setting the school calendar 922. .,~ December 17, 1991 -_.~-_.__..__.^-,"."_._--------_._--,'--,_._" _.,-'-_..__._-.__....~_.__._._----_.- to establish an earlier date for opening to relieve the County from the post-Labor Day opening day requirement. Kittv Boitnott. President, Roanoke County Education Association, endorsed changing the County charter for new revenue. Supervisor Johnson requested that the new revenue be tied to education. Supervisor Nickens moved to adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Robers, Johnson, Nickens, McGraw NAYS: None RESOLUTION 121791-12 REQUESTING THE GENERAL ASSEMBLY TO AMEND THE CHARTER FOR THE COUNTY OF ROANOKE WHEREAS, the Board of Supervisors of Roanoke County, Virginia, has complied with the provisions of § 15.1-835 of the 1950 Code of Virginia, as amended; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, hereby requests the General Assembly to amend the existing Charter of the County of Roanoke. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County, Virginia, hereby requests the General Assembly for the Commonwealth of Virginia to amend the Charter of the County of Roanoke as follows: 1. § 2.02. Taxing powers.--In addition to the powers granted by other sections of this charter and general laws, the county shall have the power to raise annually by taxes and assessments, as 92.3 December 17, 1991 -- permitted and limited by genera law, in the county such sums of money-- as the board of supervisors shall deem necessary to pay the debts and defray the expenses of the county in such manner as the board of supervisors shall deem expedient. In addition to, but not as a limitation upon, this general grant of power the county shall have power to levy and collect ad valorum taxes for admission to or other charge for any public amusement, entertainment, performance, exhibition, sport or athletic event in the county, which taxes may be added to and collected with the price of such admission or other charge; to levy and collect taxes on hotel and motel rooms not to exceed tWð percent 11!lt::::::::::::R!!slñs of the amount charged for the occupancy thereof; to levy and collect taxes on the sale of meals, including nonalcoholic beverages, only as provided for by general law and such tax shall apply also to food prepared on premises and sold to take out, such tax is subject to limitations as may be imposed by general law; to levy and collect privilege taxes, local general retail sales and use taxes as provided by law; unless prohibited by law, to require licenses, prohibit the conduct of any business, profession, vocation or calling without such license, require taxes to be paid on such licenses in respect of all businesses, professions, vocations and callings not exempted by prohibition of general law; to franchise any business or calling so as to protect the public interest; and to require licenses of all owners of vehicles of all kinds or the privilege of using the streets and other public places in the county, require taxes to be paid on such licenses and prohibit the use of streets, alleys and other public places in the county without such- December 17, 1991 924 -- - -~ -- -- _. . "" _____. h_ ~_. "--'~_.__._-~----~--------<-,----,._,_.__._----< license; provided Rot~ithBtaRdift~ afty cofttrary pro7isioft of this chartar the county shall notËe:::::q~m¥M âftY I: tax on Plßt::::RW,m:'::::::P;::::':::Qíil::::Iel, ewllæišEßíi::::j:j::::Iej on tobacco products other thani:;':I:::::::tla those taxes specially authorized in Title 58.1 of the Code. In addition to the other powers conferred by law, the County of Roanoke shall have the power to impose, levy, and collect, in such manner as its board may deem expedient, a consumer or subscriber tax at a rate or rates not exceeding those authorized by general law upon the amount paid for the use of gas, electricity, telephone, and any other public utility service within the county, or upon the amount paid for anyone or more of such public utility services, and may provide that such tax shall be added to and collected with bills rendered consumers and subscribers for such services. 1j:::::::II:f,::!:!:Æ:j:::::::::::::jtlsl,ill!::::::::::11IIRIII::j::::::'!BIIII:fj:I#Dln:::j:j::::ill::::::::::@!sí.§w':~s!.nñ::I::::j:el, alj:j:¡I:::Rem:IEI::::¡:::¡::SIEe@::j::::::::~n'I::::::j:j:S9QRŠI::::::¡:::Hli!:W,:::::::j:::IIII::@W,:lljì[§;!f!:::::::::::se:'::::::::j!!!!:J.;;Y@:::::::::::;Ê!jE:j:::¡!I! gn!!læj:::::::j::'g!_mM:::::::j::::Sîiní.Ðe~í.ªr:::::::::A!íi~:!Sí.I!ß:jI::::::SeE:j:j:j:j:j::i!:§I:::::::I!Ð;9m!m!11ti:::':::::::gBnl1:m B#Êß!::¡:::::!Pä~::.P::::::::¡1l9:::::::::£Uß:¡:::::::IE9M~:§:I§!m:::::::::elj:::¡:j:_~S¡;:@:'j:::j:jæg::::::::::gSj:j:j:j:ja,lp!!::::j:::j:1i:::::::::el,:j:::j:j:IIBæ@ :i:I@:¡æ:::::j:j¡gS::j:j:j:::jil!::j:j:::::~llpl:'j:j:j::::!gß::~:::::::::j::Þi.ßg!;:lj:j:::::::j@n:::::::::::lim::IIX!Ðit:I::!iUlæl:::jI::::pïîiA:::::::::j:I,:íP.§new§:+ 1§§:~!Ë§n$i::::j:j::::::§!:j::'::j:¡:¡:w'm!§¡:¡:¡:¡:¡:¡:¡sÞií.n¡:I¡:¡:¡::mll¡:::¡:¡::'¡':ma:íP.stI:¡Iml!¡:¡:¡:¡:¡:¡Jiminp.Y:::IttI9#W"lI¡:¡'¡a1§Xß:¡:¡:j:¡:¡:¡(§!!p' InSWf§ml:ª:::Ilg:::::::Êße!:!xß:::::::§:mIl~iEï§Eæ!@!r:::1¥tIj:lj::::::::æ!:jï:::Æl]~:j:j::::g;j:::j:jIÞi!:::::::~&!Š!t:::I.ß:fj: § 12.04. Management of schools.--The administration of the public school system shall remain the responsibility of the school board in accordance with the Consti tution and general laws of the Commonweal th of Virginia. fi1ïl::j:::::Imllle;J¡t::::::læœ:::::::::!Þií.I:m:::j:j:::II¥ß::::::::::í.I.gi~!¥I:::Iš9 !íif§f:ëw~:§Þi::::::::IïI:::I::íi$!}ge±':':::::::elmln!I!:::::::jSg:::::j:jemlll!::::¡::jl§;::::::::§n:::::::::If:;W~m;::::::::ãï!iI::IS§II:::!I1 gpmJInl:j:j:¡:¡:¡:¡:e!¡:j:¡:::¡:¡::ïï@::::¡:::¡::::S$!}§g;J:::¡::::::'¡:¡IIí.;::::::::::j:¡Rljt:::j:j:jsl:::::¡:::¡:::YßæWIX!::j:j:j:::::j:PlI:::¡:¡:¡:::¡:!llnllj::t::::::I#lïl:I:j:;11 925 ' 9 25 ' December 17, 1991 g!gg:ti~.g!;IIH!lm:::::I::::::::!:;:~:~::±ml!:l:~i1::::::::g!::~:~::ml:::::::ãIIEI:~:::::P,§fUI::f:: 2. That the Clerk to the Board shall transmit a certified copy of this resolution to the members of the General Assembly representing Roanoke County. 3. That this resolution shall be effective immediately upon its adoption. On motion of Supervisor Nickens to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Eddy, Robers, Johnson, Nickens, McGraw NAYS: None IN RE: PUBLIC HEARING AND SECOND READING OF ORDINANCES 1291-3 L. Ordinance to amend the Future Land Use Plan maD- desianation of aDDroximatel Y 3.7 acres from Neiahborhood Conservation to PrinciDal Industrial and to rezone said DroDerty from R-1 to M-1 with conditions to construct an office located at the northwest corner of Enon and Walrond Drive, Hollins Maaisterial District UDon the Detition of James C. Wilson. 0-121791-13 Planning and Zoning Director Terry Harrington reported that this request has three parts ( 1) land use amendment (2) proposed rezoning and (3) special exception permit. Mr. Harrington advised that the staff concluded that the property, because of its proximity to the existing Jamison Industrial Park, could be ei ther neighborhood conservation or principal industrial. The Planning Commission felt that the part of the parcel proposed for change should be redesignated as Principal Industrial and December 17, 1991 926 ---_._-_._._--~._-_.__.~-~-_. - -'.'- -'^-~~-" . ,_ ""_'M. ,__...___._.__H' ,,-_.._"-._-,,-_._---_.._----,._-_._..~-_.__.'_._~_.~_.,,-~.- ___._··<_______,_.__..____,~.·,~W".·___,__~_____,,~·__·__"_~_ '~.__."..__'"._,."'___.,._.~_____._ recommended the amendment to the official map of the comprehensive plan. Mr. Harrington advised that the rezoning request is to permit the construction of a three phase development (1) 9,000 sq. ft. office facility for Dragon Corporation (2) 24,000 sq. ft. warehouse facility and (3) additional 24,000 sq. ft of warehouse facility. A concept plan has been proffered together with eight other proffered conditions. The Planning Commission recommended in favor of the rezoning request. There were many citizen concerns expressed at the Planning Commission meeting. Mr. Harrington advised that the third request is for a special exception permit which would allow the offices to be built first. The Planning commission endorsed this request. Mr. Harrington explained that the special exception permit could not be approved without the rezoning request approval; however, the rezoning and land use amendment could be approved or denied separately. Mr. Ed Natt, attorney, representing the petitioner, introduced Mr. Jim Wilson, President of Dragon corporation, who explained that the corporation manufactures small package chemicals and plant food for backyard gardens. They do not manufacture chemicals but blend products. Due to the company's growth, they need additional space. Mr. Arnie Rose, Architect, was also present. Mr. Natt exhibited the concept plan and pointed out that 47% of the space will remain green space. He commented on each of the eight proffered conditions regarding how they addressed the citizens' 927 'i December 17, 1991 .~ -- ~-- -- concerns and the viability of the project. Mr. Natt advised that the formulating of products will continue to be done on the existing property. He stated that regarding environmental concerns, the company is regulated by at least ten different agencies. In 26 years of operations, they have not been cited for any violations. Mr. Natt stated that the land use designation is the key issue in the matter. Approximately 2/3 or 3/4 of the site is already in an area designated principal industrial property. The property on the other side is neighborhood conservation with only a strip of neighborhood conservation between the rear of the principal industrial and Enon Drive. There is a large amount of transition property on the other side of Enon Drive. The following citizens spoke against granting the land use amendment, rezoning and special exception permit: ~ Mearis M. Martin. Jr.. 6724 Laban Road ~ Thomas R. MurDhv. 7024 Tinkerdale Road ~ Bill Pvles. 6807 Tinkerdale Road ~ Charles Troland. 200 First CamDbell Sauare ~ Shirlev Henn. 6915 Tinkerdale Road ~ Frank Mavorshi. 8115 Deer Branch Supervisor Nickens moved to deny the ordinance. The motion carried by the following recorded vote: AYES: NAYS: Supervisors Eddy, Robers, Johnson, Nickens, McGraw None DENIAL OP ORDINANCE 121791-13 TO AMEND THE FUTURE December 17, 1991 928 ' -- ---_.._~_._-,----~.. .__.._-~_.~"._._-~---"-"~---- ---_..,..._,--_._..~--_.---~------_._.._------ - LAND USE PLAN MAP DESIGNATION 01' APPROXIMATELY 3.768 ACRES LOCATED AT THE NORTHEAST CORNER OF ENON AND WALROND DRIVE IN THE HOLLINS MAGISTERIAL DISTRICT FROM NEIGHBORHOOD CONSERVATION TO PRIN- CIPAL INDUSTRIAL, TO CHANGE THE ZONING CLASSI- FICATION FROM R-l TO THE ZONING CLASSIFICATION M- 1 WITH CONDITIONS AND TO GRANT A SPECIAL EXCEPTION PERMIT UPON THE APPLICATION OF JAMES C. WILSON (DRAGON CORPORATION) WHEREAS, the first reading of this ordinance was held on November 19, 1991, and the second reading and public hearing was held on December 17, 1991; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on December 3, 1991; and, WHEREAS, legal notice and advertisement has been provided as required by law. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: DENIED: On motion of Supervisor Nickens to deny the ordinance, and carried by the following recorded vote: AYES: Supervisors Eddy, Robers, Johnson, Nickens, McGraw NAYS: None b. Petition of James C. Wilson to obtain a SDecia1 ExceDtion Permit to construct an office located at the northwest corner of Enon and Walrond Dri ve, Hollins Maaisterial District. A-121791-14 Supervisor McGraw moved to deny the application for a special exception permit. The motion carried by the following recorded vote: 929 December 17, 1991 c= AYES: Supervisors Eddy, Robers, Johnson, Nickens, McGraw NAYS: None 1291-4 Ordinance to amend conditions and to rezone a~DroximatelY 2.43 acres from B-2 to B-2 and K-l to oDerate a new auto dealershiD and auto collision reDair facility located at 4037 Electric Road, Cave SDrina Maaisterial District, UDon the Detition of vito DeMonte. 0-121791-15 Mr. Harrington advised that this is a request to amend the conditions on the property which was originally zoned to facilitate the construction of the former Bob Bell Nissen facility. This petition will rezone the back half to M-1 to facilitate the operation of Mr. Vito DeMonte's business. Mr. Harrington advised that the Planning Commission evaluated the request and the two proffers and found there would be no significant impact on the site. The Planning Commission recommended approval. Mr. Don Wetherington, representing the petitioner, outlined the reasons they believe that there would not be any problems with noise, unsightliness, odors or emissions causing environmental damage. He indicated that this was a service establishment and not a manufacturing facility. He felt the rezoning was consistent with the core designation and compatible with the other businesses and activities in the area. Emma Cunninaham, 4034 Emma Lane, stated her concerns about-- December 17, 1991 93 0 ~ ---'«"~'---~"""~--"-'-~--'--'-"'~-~--~' . -..- --'-".~<.- '-'. . - .._._~--------_._---~---,._.__._._-----~---_..-._-_._-^_..~.- ..----------.-- the effects of the prior rezoning and this rezoning upon her property which adjoins the facility. Supervisor Robers moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Robers, Johnson, Nickens NAYS: None ABSTAIN: Supervisor McGraw ORDINANCE 121791-15 TO AMEND PROFFERED CONDITIONS AND TO REZONE APPROXIMATELY 2.43 ACRES OF REAL ESTATE LOCATED AT 4037 ELECTRIC ROAD IN THE CAVE SPRING MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF B-2, WITH CONDITIONS, TO THE ZONING CLASSIFICATION OF B-2, WITHOUT CONDITIONS (AMENDMENT TO PROFFERS) AND M-l, WITH CONDITIONS, UPON THE APPLICATION OF VITO DEMONTE (RIVER RIDGE AUTO BODY, INC.) WHEREAS, the first reading of this ordinance was held on November 19, 1991, and the second reading and public hearing was held December 17, 1991; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on December 3, 1991; and, WHEREAS, legal notice and advertisement has been provided as required by law; and WHEREAS, this property was rezoned to B-2, General Commercial District, with proffered conditions, on April 19, 1985. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the zoning classification of a certain tract of real estate containing approximately 2.43 acres, as described herein, and located at 4037 Electric Road in the Cave Spring Magisterial District, \~ .. 9~ -\ _so December 17, 1991 - is hereby changed as follows: (a) As to that portion of the site fronting on Route 419 and north of the zoning line as shown on concept plan prepared for River Ridge Auto Body, dated October 22, 1991, which portion is presently zoned B-2, General Commercial District, With Conditions, the zoning classification is changed to B-2, General Commercial District, without Conditions. (b) As to the rear portion of the site south of the zoning line as shown on concept plan prepared for River Ridge Auto Body, Inc. dated October 22, 1991, which portion is presently zoned B-2, General Commercial District, with Conditions, the zoning classification is changed to M-1, Light Industrial District, With Conditions as set out in paragraph 3. 2. That this action is taken upon the application of Vito DeHonte (River Ridge Auto Body, Inc.). 3. That the owner (Robert C. Bell) has voluntarily proffered in writing the fOllowing conditions in connection with the rezoning to M- 1 on the rear of the site which the Board of Supervisors hereby accepts: (1) The part of the parcel situated south of line on the attached concept plan will be automobile collision repair facility and incidental and related purposes. the zoning used as an reasonably (2) The part of the parcel south of the zoning line may also be used for the preparation for sale, service, and repair of automobiles in connection with the operation of an automobile dealership, if any, from time to time on that part of the property north of the zoning line. (3) No automobiles for which collision repair is scheduled will be stored outside the building on the property,- December 17, 1991 932. J - ,". ---..... -- ., - ~ '_.-.-. -....-.--,,- - ._-. .- ---_.._~~-_.- - - -<-----_.._--.----_.._-------_. except in the parking compound to be located as shown on the attached concept plan. (4) The parking compound will be constructed substantially in the location and according to the specifications detailed on the attached concept plan. (5) All work to repair damaged automobile bodies will be conducted inside the building. (6) All spray painting will utilize a down-draft spray booth with air make-up unit or a booth or system with at least equivalent filtering capability. (7) All scrap metal, waste materials and other debris will be contained in an enclosed area until the time of removal from the property and will not be accumulated outside the building pending pickup and removal, except in an enclosure. (8) The existing buffer yards and fencing will continue to be maintained. The provisions of the Roanoke County Zoning Ordinance applicable to screening and buffering will be satisfied by the existing conditions. (9) All conditions previously proffered and adopted in connection with zoning the property are eliminated. The conditions set forth in this proffer are the sole conditions affecting the property. 4. That said real estate is more fully described as follows: BEGINNING at an iron pin on the southeasterly side of Virginia state Primary Route 419, said point being Point 1 on the hereinafter-mentioned plat and being the northeasterly corner of the property herein described and adj acent to the property of Atalantis Group, Inc.; thence leaving Route 419 and with the line of Atalantis Group, Inc. property, S. 45 deg. 45 min. 00 sec. E. 402.6 feet to Point 2, a fence post corner, corner to the property of Emma S. and Earl S. cunningham; thence leaving the Atalantis Group Property and wi th the 1 ine of the Cunningham property the following three courses and distances: S. 50 deg. 30 min. 00 sec. W. 131.3 feet to Point 3 marked by an iron pin; thence N. 45 deg. 07 min. 28 sec. W. 89.33 feet to a fence post corner being Corner 4; thence S. 51 deg. 40 min. 00 sec. W. 232.10 feet to an existing iron pin being Corner 5, said point being on the northeasterly side of a 20-foot road right-of-way; thence with said road, N. 43 deg. 08 min. 00 sec. W. 99.2 feet to an existing iron pin being Corner 6, said point being corner to the property of John H. Lipscomb 9 3 3 ¡;a December 17, 1991 - and David A. McGray; thence with the Lipscomb and McCray- property the following four courses and distances: N. 41 deg. 03 min. 00 sec. E. 132.71 feet to an iron pin at Corner 7; thence N. 49 deg. 01 min. 11 sec. W. 163.11 feet to an existing iron pin at Corner 8; thence S. 40 deg. 01 min. 56 sec. W. 9 feet to a fence post at Corner 9 and N. 47 deg. 52 deg. 59 sec. W. 86.69 feet to an iron pin at Corner 10, said point being on the southeasterly side of Route 419; thence with the southeasterly side of Route 419, the following two courses and distances, wi th a curve to the right having a radius of 929.93 feet, a chord being of N. 58 deg. 07 min. 01 sec. E., an arc distance of 90.38 feet to an iron pin at Corner 11; thence N. 66 deg. 42 min. 0 sec. E. 169.3 feet to an iron pin at Corner 1, the place of BEGINNING, and containing 2.43 acres. (Tax Map Nos. 87.07-1-39, 87.07-1- 40, 87.07-1-41) 5. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance shall be, and the same hereby are, repealed. On motion of Supervisor Robers to adopt the ordinance, and- carried by the following recorded vote: AYES: Supervisors Eddy, Robers, Johnson, Nickens NAYS: None ABSTAIN: Supervisor McGraw IN RE: SECOND READING OF ORDINANCE ~ Ordinance authorizing the acceDtance of 45 acres of real estate ad;acent to Vinyard Park. 0-121791-16 Following discussion in Executive Session, Supervisor Nickens moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Robers, Johnson, Nickens, McGraw December 17, 1991 9 3 4 ~ -.". .._~. -- - -.. - . ---.." - --~----'-..------.-_._--~---~--"--.--'---.-.-~-.- NAYS: None ORDINANCE 121791-16 AUTHORIZING THE ACQUISITION AND ACCEPTANCE OP APPROXIMATELY 44.59 ACRES OF REAL ESTATE FROM WALTER DARNALL VINYARD AND CLAIBORNE W. VINYARD WHEREAS, Walter Darnall Vinyard and Claiborne W. Vinyard have offered to donate approximately 44.59 acres of real estate, located in the City of Roanoke, to the Board of Supervisors of Roanoke County, Virginia; and, WHEREAS, the donation is to be made subject to certain conditions and reservations as set forth in the attached copy of the proposed deed of gift; and WHEREAS, the intended donation was not to include a small triangular portion of the property, consisting of 0.614 acre, more or less, but correction and approval of the plat would delay settlement beyond December 31, 1991, so that it may be necessary to later reconvey this parcel to the Vinyards as part of the consideration for the subject donation; and WHEREAS, the value of the property to be donated is estimated to be approximately $500,000.00; and, WHEREAS, the property is acceptable and favorable for future public use by Roanoke County; and, WHEREAS, the sole cost for the acquisition of this property is approximately $10,000.00 necessary to cover the cost of the environmental hazard assessment, the independent real estate appraisal, the land survey, and related expenses in connection with the acquisition; and, 9"3 5 :I December 17, 1991 WHEREAS, section 18.04 of the Roanoke County Charter directs that-- the acquisition of real estate be accomplished by ordinance; the first reading of this ordinance was held on December 3, 1991; the second reading was held on December 17, 1991. THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the County Administrator is hereby authorized to acquire approximately 44.59 acres of real estate located in the City of Roanoke from Walter Darnall Vinyard and Claiborne W. Vinyard, subj ect to the reservations and conditions substantially conforming with the proposed deed of gift attached hereto, and subject to the understanding that the Board may later be requested to reconvey a small triangular parcel, consisting of 0.614 acre, more or less, to the Vinyards. 2. That the sum of $10,000.00 is hereby appropriated from the Board Contingency to cover the incidental costs of this acquisition. 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 acquisition and acceptance of this donated property, all of which shall be approved as to form by the County Attorney. On motion of Supervisor Nickens to adopt ordinance, and carried by the following recorded vote: AYES: Supervisors Eddy, RObers, Johnson, Nickens, McGraw NAYS: None December 17, 1991 936 - ==::! --,---- ----~-_._---~._-,~----- IN RE: OTHER BUSINESS ~ ADDrova1 of Resol ution of moral sUDDort for Roanoke County Resource Authority landfill financing. R-121791-17 Following discussion in Executive Session, Supervisor Nickens moved to adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Robers, Johnson, Nickens, McGraw NAYS: None RESOLUTION 121791-17 OF THE BOARD OF SUPERVISORS OF THE COUNTY OF ROANOKE, VIRGINIA WITH RESPECT TO ROANOKE COUNTY RESOURCE AUTHORITY LANDFILL FINANCING The Board of Supervisors ("Board") of the County of Roanoke, Virginia ("County") created the Roanoke County Resource Authority ("Authority") by resolution adopted June 14, 1989. The Authority was created, among other things, to provide for the development and operation of a sanitary landfill to serve the County and such other entities as the Authority may determine ("Project"). The Authority intends to finance the acquisition, construction, development and equipping of the Project by the issuance of its revenue bonds ("Bonds") and notes in anticipation thereof ("Notes"). The Board has determined that it is in the best interest of the County to assist the Authority in the acquisition, construction, development and equipping of the Project and the financing thereof. The Board adopted resolutions on November 15, 1989 and December 18, 1990 agreeing to assist the Authority in such financing and desires to reaffirm such ~, (\ "[1 ~ ':J ~ .,;. December 17, 1991 - 1:::== resolutions. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF ROANOKE, VIRGINIA: 1. Assistance to Authoritv. The Board agrees to assist the Authority in financing the Project. It is anticipated that the Authority will finance the Project by the issuance and sale of its Notes in the principal amount not to exceed $2 million in anticipation of the issuance and sale of the Authority's Bonds. The Board agrees that in the event that the Bonds are not issued, the Board will take such steps as may be necessary to pay to the Authority the amount necessary to pay principal of and interest on the Notes at maturity. The Board, while recognizing that it is not empowered to make any binding commitment beyond the current fiscal year, states that it is its current intention to make sufficient appropriations to pay such moneys to the Authority in the event that the Bonds are not issued by the Authority. Nothing in this Resolution or the Notes shall constitute a pledge of the full faith and credit of the County beyond the constitutionally permitted annual appropriations. 2. Further Actions. The County Administrator and such officers and agents of the County as he may designate are each authorized and directed to prepare, execute, and deliver any and all papers, instruments, opinions, certificates and other documents and to take such action as they deem appropriate to carry out the purposes of this Resolution and any such action previously taken is hereby ratified and confirmed. Effective Date. This Resolution shall take effect- 3. December 17, 1991 ~~ 938 = ==i immediately. On motion of Supervisor Nickens to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Eddy, Robers, Johnson, Nickens, McGraw NAYS: None IN RE: ADJOURNMENT Supervisor McGraw declared adjournment at 9:35 p.m. ~~ a 7'/(<0- ~~ Steven A. McGraw, Chairman 7/?~ "\