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HomeMy WebLinkAbout4/26/1988 - Regular April 26, 1988 . -- .-.--.-----.-- --' ,----- ---.- -.-..-.-. ~ - --,---_. .,.. .--- ... --.,----..-.--.-.-,-. -... ---,......-.-...--.-- I ___. _ _ _.n __._~ . ---., ---- --. - .. ._____..__"_.,. ._...uh. _.,,_. -- -- ._.- - Roanoke County Board of Supervisors Roanoke County Administration Center 3738 Brambleton Avenue, SW Roanoke, Virginia 24018 April 26, 1988 The Roanoke County Board of Supervisors of Roanoke Co Virginia, met this day at the Roanoke County se Ad inistration Center, this being the second Tuesday, and the 19 IN RE: regularly scheduled meeting of the month of April 1988, CALL TO ORDER Chairman Garrett called the meetir.g to order at 3:00 , " , ,', ;;'\;1, ( " , p. . The roll call was taken. Chairman Lee Garrett, Vice Chairm~ri Richard Robers" Sv.pervi,sorsBob L." Johnson, Steven A . McGraw , Harry C. Nickens,.,. ME BERS PRESENT: . .J..". ME BERS ABSENT: ST None Elmer C. Hodge, County Administrator; John M. Chambliss, Assistant County , Administrator for Human Services; John R. Hubbard, Assistant County AdministratQ~:for Community Services and Development; Päul M. F PRESENT: .": :.;.~ J.. r¡ ~_ . ~ . ¡' . .: ,,)t",,~,;,.l ' ç~':,[. -:.c. '!' . . .....' . ~ ~:.~ :"~\1 (~~: 689 ~ ',- ~,,: , ..... '., ~. :: 1/.;..·. \ ;- . J"" - .. ~ . ' t. '...,.. 'N; r-----' - ,,---- 690 April 26, 1988 .--- .-..------.--..--.~-----.-----..~.-. r 'I II I ------.---.----... '" .. -.-. .,- ---.. _., __ _._.__ ~_ .._ __ __ ..__m.__ _. ________ Mahoney, County Attorney, Deputy Clerk Mary H. Alle1 I I I I I I I ! IN RE: OPENING CEREMONIES The invocation was given by Bishop William Brown, Church of Jesus Christ of Latter Day Saints. The Pledge of Allegiance was recited by all present. II II II I - IN RE: REQUESTS TO POSTPONE, ADD, OR CHANGE THE ORDER OF AGENDA County Administrator Elmer Hodge requested that Approval of the Letter of Understanding on the Valleypointe I I II Project be deferred to May 10, 1988. 'W _ ..J~? p_ . "r', c... IN RE:, NRT." ,]3~,]S.II·7 ~ ~ -J c< r...)J.. 1. SDace Allocations an~_.£enovations for Social ! j i II I, I -Ii Ii I I! Services. Health DeDart~ent and VPJ Extension: Assistant I 'I County Administrator John Chambliss ¡advised that the Departme~¡s . 1 _ I of Health, Social~Se.rvices and \~I are presently located in rented space in the City of Salem. Decisions must be made wi in the next few weeks co~cerning th~~e leases. The Health Department is now located at the old Salem Theater building. I Salem Bank and Trust BUildin~. i I I II So~ial Services is housed at the II ¡ nl 'J { Iy ___.____________·_·w___.._____..'~____·,~______·_____·_~.____¥.__ _. April 26, 1988 69 I I re ^'d ov se I re AY VP Extension is located at the old Courthouse, and will be able to remain there until 1990. Mr. Chambliss stated the staff recommends authorization fo the Department of Health to work the state to obtain the ne essary lease arrangements for a multi-year lease. ~The De artment of Social Services should exercise their 18-month op ion which would continue into 1990 and to allow VPI Extension to remain at the old Courthouse until their lease with Roanoke Co lege expires. It is estimated that it would be the summer of 19 9 before renovations could occur to the existing School inistration Building for use by these departments. Staff also re ommends that the existing County-owned facilities be evaluated an a master plan be developed. Supervisor Johnson asked how long it would take to de master plan to handle the space n~a1Iint:> ¡the year 20 Mr. Hodge responded that he and Mr. Wilson from the . r- r" have discussed this and could bring back a report on the Sc ¡;T -~ t county space needsöjf-~ 24, 1-988'. ;-,',? f ,':''''' c ' " Supervisor Johnsón-jm6~ed to approve the staff Ii ommendation and that the s~affVbiing(back;á~report on the raIl County space need~ on May 24; 1988. The~motion was by Supervisor McGraw, and carried by the follow~ng vote: Supervisors Johnson, Robers, McGraw, Nickens, Garrett _.'1 ~)c.. f I I I ~I I !, ",:,1:)- C 692- -,. ..,.. '..., ....Apri.1...2~. ~,....l..9 8·8·, .... -.... . "::===_-::=~::::~==":::.:::::.:=~::':':"''':::.,::=::''::'':: --1-""-'· I .. - . --- . ~ _.___,_._'-. _._., _, _._. ___"___. . - ·._·.._.____.______._.._.·__·.··"___._.._'___n__·. ... .... 1_· ~r,:'-~- :.~~~~....:~.: ....~=- II II I -~_._--,_._-_._._---_..._-~-,.'_.- --- -.- - --_. -. ._--- - NAYS: None 2. Re rant allocation fr the Va. Water Proiect. Inc. for the Hollins Proiect: Sue Palmer, Project Coordinator, reported that the costs for installation of the water/sewer lateral lines has increased d staff has requested a grant from the Virginia Water Project an additional $40,000. They have allocated these funds for t project and there will be no local funding required. Staff recommending that this grant be accepted. She advised that the project should be completed in February 1989. Supervisor Johnson moved to accept the grant. The I motion was seconded by Supervisor Nickens, and carried by the following recorded vote: AYES: Supervisors Johnson, Robers, McGraw, Nickens, Garret NAYS: None I d 3. Authorization to enter into Countv-State II aareement for access road imDrovements to VallevDointe Phase :¡ II I' ~ Economic Development Director Timothy Gubala advised they J! Ii have requested Industrial Access Funds of $300,000 matched by II í I $150,000 from the State and $150,000 local funds. The access I I road is estimated to cost $970,000, of which $600,000 is from II industrial access funds. The developer of the project would lltke to close by May 15 and has a prospective tenant for september·11 I Staff is proposing that the County control the construction o~ II II Ii II II I I ~ril 26. 1988 th project under a "design/build" concept. It will also be ne essary to execute a County-State agreement to accept the in ustrial access funds of $450,000 which has previously been ap roved. Mr. Hodge requested that these plans be sent to the Va. De artment of Transportation before they are sent out for bid. Supervisor Johnson moved to approve the staff re ommendation and that letters of thanks be sent to Delegate Ri hard Cranwell and Steve Musselwhite. The motion was seconded by Supervisor Nickens, and carried by the following recorded vo e: AY NA AB Supervisors Johnson, Robers, Nickens, Garrett None Supervisor McGraw 4. Approval of Vehicle Utilization policv: As istant County Administrator John Chambliss reported that the co had included some of the suggestions made by the Board me bers at the April 12, 1988 meeting. They include changing the ju tification for vehicle date to January 1, changing the minimum mi eage for noncommuting mileage to 10,000 and the addition of do umented evidence for use of a county vehicle. The board members expressed concern that the minimum mi eage is still not up to the IRS regulations. Supervisor Ro ers requested that the minimum mileage be 15,000. Supervisor 693 I II I I I II II I r I 694 .-- ,. ..A.:pril..2~. ".1988. "-'._-=:::=:=~.='~-::-::.. =:=', ':~=.':.'~~~.~~':.::. :~==:.:=.==:._.~=~' ··1..··:·: i I I ____ ___,__~__,~__~, "._,_ .._" n_ -.- .~_.__.- -,~. ,--. -'. . .~----'-'"--~.- '.----.-- Nickens requested that the criteria for taking a county-owned vehicle home be more detailed and stricter. The board requested that this item be continued to y 24, 1988 and that the committee incorporate in the policy the changes requested. II Ii i i I I i , I i IN RE: REQUEST FOR WORK SESSIONS I il with the co~rs tentati velJ,1 II II Ii Ii ¡ I, II II II II ,I ! I Mr. Hodge advised that the work session of Engineering on the Roanoke River Tributaries is scheduled for May 24, 1988 at 3 p.m. IN RE: REQUESTS FOR PUBLIC HEARINGS 1. Re est for Public Hearin for enforcement of the Vir inia Statewide Fire Prevention The public hearing was set for May 24, 1988 at 7 p.m. II II Ii ,¡ ¡¡ I' Ii APPOINTMENTS j'~ Industrial Development Authority: Supervisor Nicken ,I Ii nominated William Triplett to another four-year term represen1,'fí.ng the Vinton Magisterial District. His term will expire Septernij r I I 26, 1991. I' II II I, II II II I IN RE: I I 695 -...--- ,_. - . AQ.ril 26, 1988 --. -_._.--_._._-~._- Parks and Recreation Advisorv Commission: Supervisor Ro ers nominated Vincent Joyce to fill the unexpired three-year te m of Leonard Winger. The term will expire June 30, 1989. Supervisor McGraw nominated Roger Smith to fill the th ee-year unexpired term of Michael Lazzuri, an at-large member. Th term will expire June 30, 1990. Total Action Aaainst Povertv Board of Directors: Su ervisor Nickens nominated Mrs. Elizabeth Stokes and Mr. Cabell Br nd to two-year terms which will expire May 3, 1990. Mr. Brand is a joint appointee with the City of Salem. Fifth Plannina District Commission: Supervisor nominated John Hubbard to the three-year unexpired term of Ci Representative and Executive Committee member Timothy His term will expire June 30, 1989. Mr. Mahoney advised he is investigating the potential fu activity of the Court Service Unit Advisory County/Youth an Family Services Advisory Board. When he has a response he wi 1 report back to the board. IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS SUDervisor Johnson requested an update on the proposed We lness Program. Director of Human Resources Keith Cook updated 696 .,April..2~.. ,.1988 ·-..-.-.,--.------..-- I __.____.__k___~_ --lr--- ---,----- - ~ -- -------,--_.~-----,._~-,----,._--.-.._..__._- ~. .--_. . . ------."- - - ..---.-. - -~ __ _______·u .~._~~ the board and advised he would be bringing a report to the !I Ii " Boatd for approval soon. Supervisor Robers advised he had met with Timothy Gubala and Mr. Hodge to discuss economic development. He also announced that the Engineering Study Group has met for a seco time. I Ii p I I I Supervisor McGraw reported on the progress of the The next meeting will ~, il Ii II II II II I i I Supervisor Garrett requested that Item 1-2 be re~ov'r! from the Consent Agenda for an amended resolution. supervlso~ Nickens moved to approve Item 1-2 as corrected. The motion w~þ seconded by Supervisor Garrett and carried by a unanimous VOi~I'~ vote. I Supervisor Nickens moved to approve the Consent Age~ra with Item 1-2 as amended. The motion was seconded by supervispr I I Supervisors Johnson, Robers, McGraw, Nickens, Garre~ I I I Roanoke Valley Cooperation Committee. May 13, 1988 at the Vinton War Memorial. IN RE: CONSENT AGENDA I Garrett, and carried by the following recorded vote: AYES: NAYS: None I RESOLUTION NO.42688-4 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA I I 697 April 26, 1988 ---~_.. -- -- -.- -- -.... FOR THIS DATE DESIGNATED AS ITEM I - CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Roanoke Co nty, Virginia, as follows: 1. That that certain section of the agenda of the Bo rd of Supervisors for April 26, 1988, designated as Item I - Co sent Agenda be, and hereby is, approved and concurred in as to ea h item separately set forth in said section designated Items 1 th ough 6, inclusive, as follows: 1. Resolution joining the League of Older American to honor the elderly in the month of May. 2 . Acceptance of Airpoint Drive, Airpoint Road, Village Lane, Wing Commander Drive and Grape Tree Lane into the Va. Department of Transportation's Secondary System. 3. Confirmation of Committee Appointments to the Court Service Unit Advisory Council/Youth and Family Services Advisory Board, The League of Older Americans, and the Parks and Recreation Advisory Commission. 4 . Authorization for use of the Bent Mountain Fire Station by a civic organization. 5. Approval of proposed agreement with Appalachian Power Company for July 1987 through June 1990. 6. Authorization to execute Memorandum of Agreement with Va. Department of Emergency Services. 2. That the Clerk to the Board is hereby authorized an directed where required by law to set forth upon any of said I I i II 1, 'j I i I d I' I I ,n. __--" I ;¡ !i 'I II iI ~ i II 11 í! II II il !I H, I L ¡, II I' II I, ¡ I' L P d I: I: II 'I I Ii Ii Ii 11 I I I 698 April 26, 1988 . ~~~:~~==~c=-~~===:~~~~:-_-=---=~~=~~::~::~;~~c:::-::--=t:~ !i items the separate vote tabulation for any such item pursuant It I 0 this resolution. On motion of Supervisor Nickens after deleting Item ~-2 for discussion, seconded by Supervisor Garrett, and upon the I II I Ii II Following discussion, Supervisor Nickens moved appro~al of Item I-2 as amended, seconded by Supervisor Garrett and upo~ II II II Supervisors Johnson, Robers, McGraw, Nickens, Garret~ Ii !I ¡¡ ,- _..~ following voice vote: AYES: Supervisors Johnson, Robers, McGraw, Nickens, Garrett NAYS: None the following voice vote: AYES; I NAYS: None RESOLUTION 42688-4.a OF APPRECIATION TO THE LEAGUE OF AMERICANS AND IN HONOR OF THE ELDERLY ~ ; j' :¡ Ii II Ii II a cauf:e 'i WHEREAS, the rapid graying of our population is for genuine concern for governments at every level; and I H WHEREAS, this segment of our populace symbolizes for *11 Ii of us a lifetime body of work and contributions from which our i: ,I !1 i( il WHEREAS, it is appropriate that a time be set aside Ii !i :1 during which we acknowledge the efforts of those who have give~ ,I iI I! '¡ I community will continue to benefit; and so much and earned for themselves a dignified and honored I position in our society; and Ii :1 ., April 26, 1988 699 ~._----,._-'_.,_.,_....--,.._-_...--_... .__.. -----_._--,------,-_....,--",....- ,-..--..,..,-----..,-------- - -_.._-------'- --.. ----"-----.,.---. ,-.-----..----..--.-,--.,..-...-.,--.......--,'.----,----,-.- - WHEREAS, the month of May has been set aside as Older Am ricans' Month to focus the nation's attention on the ac omplishments and the plight of our older citizens; and WHEREAS, the League of Older Americans represents the ov r 13,000 elderly people of the County of Roanoke. NOW, THEREFORE BE IT RESOLVED that the Board of Su ervisors of Roanoke County, Virginia joins the League of Older Am ricans in urging all citizens to demonstrate their regard for ou elderly during May, and to give special consideration to the I ve y old and the frail and needy. On motion of Supervisor Nickens, seconded by Supervisor Ga rett, and upon the following voice vote: AY S: Supervisors Johnson, Robers, McGraw, Nickens, Garrett NA S: None RESOLUTION 42688-6 REQUESTING ACCEPTANCE OF WING COMMANDER DRIVE & GRAPE TREE LANE INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY ROAD SYSTEM Co Virginia, as follows: I II BE IT RESOLVED by the Board of Supervisors of Roanoke pr ceedings therein and upon the application for Wing Commander 1. That this matter came this day to be heard upon the Dr ve, a section of road extending from Roselawn Road (Route I 68 ), 0.14 miles west of Brambleton Avenue (Route 221), and ". -' ===-- -- ~' ~ 700 April 26, 1988 _,.. .u..._'.__._.__..__..____'............_._...'_~-' ,.... _.___ _',R_._·______,·_.__·,·___· _.__.___._._. _.__ - ,--.--... .--.-...,' ,. ,.._,_... .'. .." -I r-'-·--·..·-·'.... ----,. .. ·1 II I extending in a northwestly direction 0.19 miles to Grape Tree Lane; and Grape Tree Lane, from cul-de-sac to cul-de-sac and intersecting with Wing Commander Drive, extending in a northeasterly direction 0.18 miles pursuant to Section 33.1-72 1, Paragraph D and funded pursuant to Section 33.1-75.1, Paragrap A of the Code of Virginia of 1950, as amended. 2. That this Board does guarantee the Commonwealth of Virginia an unrestricted right-of-way of 50 feet as recorded i Plat Book 9, Page 86, dated May 20, 1977, with necessary easements for drainage on record in the Roanoke County Circuit, Court Clerk's Office. I 3. That this Board does certify that this road was open to public use prior to July 1, 1978, at which time it was open to and used by motor vehicles. 4. That said roads known as Wing Commander Drive and Gr pe Tree Lane, which are shown on a certain sketch accompanying th s resolution, be, and the same are hereby established as public roads to become a part of the state secondary system of highwa~s in Roanoke County, only from and after notification of officia acceptance of said street or highway by the Virginia Departmen of Transportation. RESOLUTION 42688-5 REQUESTING ACCEPTANCE OF AIRPOINT DRIVE AND AIRPOINT ROAD INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY ROAD SYSTEM I I I 701 April 26, 1988 BE IT RESOLVED by the Board of Supervisors of Roanoke Co nty, Virginia, as follows: 1. That Resolution 6987-12.h is requesting acceptance of Ai point Drive and Airpoint Road into the VDOT Secondary Road Sy tem is hereby rescinded. 2. That this matter came this day to be heard upon the pr ceedings therein and upon the application for Airpoint Drive an Airpoint Road, a section of road extending from Bent Mountain Ro d (Route 221), 0.09 miles north of Tinsley Lane (Route 711), an extending in an easterly direction 0.28 miles to Airpoint Ro d and 0.27 miles to a turn around, pursuant to Section 33 1-72.1, Paragraph C-1 and funded pursuant to Section 33 1-75.1, Paragraph A of the Code of Virginia of 1950, as am nded. 3. That this Board does guarantee the Commonwealth of vi ginia an unrestricted right-of-way of 50 feet as recorded in PI t Book 6, Page 46, dated July 9, 1965, with necessary ea ements for drainage on record in the Roanoke County Circuit Co rt Clerk's Office. 4. That this Board does certify that this road was open to pu lic use prior to January 1, 1976, at which time it was open to an used by motor vehicles. r- 702 ----..-.-'- - ---.---- ..AprJ.l-,2ß"#'---l9.8-8... --- -.----.------.---.--~:.:c::===:.:.:..._._.__..___ ~_.~----,._- _.._-,--~_._-----,-_....- ._-_..- ,-",--,-,-",,--.._.~- 5. That this Board does certify that speculative intere ts are not involved. 6. That said roads known as Airpoint Drive and Airpoint Road 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 0 official acceptance of said street or highway by the Virginia Department of Transportation. RESOLUTION 42688-7 REQUESTING ACCEPTANCE OF VILLAGE LANE INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY ROAD SYSTEM I 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 II proceedings therein and upon the application for Village Lane, a section of road extending from Verndale Drive (Route 1867), O. 5 miles west of Plantation Road (Route 115), and extending in a northerly direction 0.05 miles to the cul-de-sac pursuant to Section 33.1-72.1, Paragraph D and funded pursuant to Section 33.1-75.1, Paragraph A of the Code of Virginia of 1950, as amended. 2. That this Board does guarantee the Commonwealth of I Virginia an unrestricted right-of-way of 50 feet as recorded i ., 703 ______________ Apr i 1 26, 1 g 8 8 ------ ------------- ---.------....-.-.------------ PI t Book 8, Page 51, dated December 3, 1974, with necessary ri for the cul-de-sac and easements for drainage on re the Roanoke County Circuit Court Clerk's Office. 3. That this Board does certify that this road was open to pu lic use prior to January 1, 1976, at which time it was open to an used by motor vehicles. 4. That said road known as Village Lane which is shown on a sketch accompanying this resolution, be, and the same is established as a public road to become a part of the st te secondary system of highways in Roanoke County, only from I an after notification of official acceptance of said street or hi hway by the Virginia Department of Transportation. IN RE: REPORTS The Statement of Investments and Portfolio Policy as of Ma ch 31, 1988 was received and filed. IN : EXECUTIVE SESSION I Supervisor Johnson moved to go into Executive Session pu suant to the Code of Virginia 2.1-344 (a) (1) Personnel, and (2) real estate at 4:05 p.m. The motion was seconded by Su ervisor Nickens, and carried by the following recorded vote: 704 _._~,---- _._---_.-.- -- ._._-~-.-.--_. AYES: NAYS: IN RE: --..- Apri.1.2,6,---19-88· ----- - -'-~----"-'-"-'-"~-'-'-' -- - __ ._.... u. _ .... - .-.-.---- Supervisors Johnson, Robers, McGraw, Nickens, Garret None OPEN SESSION At 5:20 p.m., Supervisor Garrett moved to return to Open Session. The motion was seconded by Supervisor Johnson a d carried by unanimous vote. IN RE: recess. IN RE: IN RE: RECESS At 5:21 p.m., Chairman Garrett declared a dinner EVENING SESSION At 7:05 p.m., Chairman Garrett reconvened the meetin . RESOLUTIONS AND PROCLAMATIONS Chairman Garrett announced that The Glenvar-Salem Al - Stars basketball team had recently won the State AAU Champions ip and will be traveling to the national AAU tournament in Orland , ~ I I I I 705 AI;Lril 26. 1988 Fl rida. In recognition of this accomplishment, he presented a re olution of congratulations and certificates to the basketball pI who were present at the meeting. re ca AY NA S: co Supervisor Robers moved the adoption of the prepared The motion was seconded by Supervisor Johnson, and by the following recorded vote: Supervisors Johnson, Robers, McGraw, Nickens, Garrett None RESOLUTION 42688-8 CONGRATULATING THE STATE AAU CHAMPIONSHIP BASKETBALL TEAM, THE GLENVAR-SALEM ALL-STARS WHEREAS, the Glenvar-Salem All-Stars basketball team, Ro noke County and Salem, recently won the State AAU of ten and eleven year old boys from Glenvar, North Ch re Wo in Staunton, Virginia, compiling a 6 - 1 overall and WHEREAS, the Glenvar-Salem All-Stars, coached by Larry and assisted by Joe Duffy, Wayne Atkins, Toby Garst and Da id Simmons, will play in the national AAU finals beginning Ju y 23, 1988, in Orlando, Florida. NOW, THEREFORE, BE IT RESOLVED that the Board of Su ervisors of Roanoke County, Virginia congratulates and co ends the following members of the Glenvar-Salem All-Stars for th ir outstanding athletic achievement: 706 ---.--.-- ---------- A p r i L2..6.#----1..91lR. ___.. __ _____::::_-=.::::=~::.:=-=--.:===-_==:::::.::~::::.:.:__::==:::..:_-= - --T------- ---~------------- _~.'·.______._____.._u_..__ - '-----,-'. .._-_. ..----..., .-,--..-----..-----.-.,. ._--_._-- --- -- -r' --.-- --'.--- ,I II I! Matt Atkinson Matthew Biggs Christopher Brammer Jason Darnall John Duffy Steven Edwards Kevin Garst Brian Hill Cory Moses Bryan Monroe Shae Simmons Matthew Woolwine and further, expresses its strong support that the Glenvar-Sal m All-Stars will be victorious at the national AAU tournament i Orlando, Florida. IN RE: PUBLIC HEARINGS 488-1A Public Hearing to elicit oral and written comment from the public concerning the DroDosed annual budaet for fiscal vear 1988/89 Superintendent of Schools Bayes Wilson presented his! comments concerning the school budget. He explained the chan s in the state funding formula resulted in a decrease in state funding for Roanoke County. As a result of these changes, it will be necessary to eliminate 115 personnel positions to fun the 7.3 salary increases for instructional personnel as mandat d by the state. These include 49 teaching positions, 52 teache aides, 4 administrators, and 10 cafeteria workers. Other reductions include increases in rates, and reductions in ~ I I I I April 26, 1988 707 su plies, materials and equipment. There was an increase in fu purchase of new school buses. The School Board ha recommended postponing renovations to Bent Mountain School as a urther reduction. County Administrator Elmer Hodge outlined the proposed for County administration. He pointed out where fees had be n reduced for the citizens. He advised that the County had to ab orb the loss both of federal revenue sharing and a reduction in state funding for schools. He reported that some County and Sc 001 departments are being merged to save money. The meals tax is expected to generate $1.5 million which will still not make up th difference in the $1.7 million state school funding loss. Twenty-one citizens spoke concerning the proposed There were: 1. Diane Grant, 5901 Cove Road N. W., in support of for teachers aides. 2. Debra Holdren, 5027 Jonathan Lane, N. W. in support of additional funding for schools. 3. Polly Holloway 520, Briarwood Dr., Vinton, a Food Se ices Supervisor in the County Schools in support of the Co ty cafeteria workers. 4. Lee Linkous, 5459 Eveningwood Lane, N. W., Chairman of he Employee Advisory Committee in support of increased wages an benefits for County employees. 708 April 26, 1988 -_... -..-..--- .~~... -- 5. Becky Arrington, 2839 Woodthrush Drive. S. W., support of increased funding for schools. 6. Wanda Norcross, 816 Dillon Drive, Vinton, in opposition to the cutting of teachers aides. 7. Carol Pippin 781 Kenyon Road, Vinton, represent' g County school bus drivers in opposition to the layoff of teac rs and teachers aides. 8. Mary Ann Brague, 4319 Garst Mill Road, S. W., i opposition to the layoff of teachers. 9. Bobbie Brogan, 5448 Eveningwood Lane, N. W. in opposition to the elimination of the elementary art program a in support of cafeteria workers. 10. Lee Helms, 6556 Tauwood Drive. S. W. in suppor increased funding for schools. 11. David K. Byrd, 3414 Locust Grove Lane, Salem, presented a list of questions concerning the new radio communication system. 12. Rita Watson, 6628 Wendover Road in support of increased funding for schools. 13. Elizabeth Stokes, member of the TAP Board of Directors, requesting continued funding for Total Action Agai Poverty. I of t 14. William L. Andrews, Suite 300, 4504 Starkey Ro S. W. in opposition to the meals tax. , I ~ ,~ 709 April 26, 1988 I I -~-------- ___" .__u._._ , __._..._ _" _ ___. 15. David Bradshaw in favor of higher tax rate for ad itional funds for schools. 16. Gary Anderson, 1045 Kinney Drive, Vinton, in su port of increased funding for schools. 17. Mike Gordon, Bent Mountain, in support of going fo ward with renovations of Bent Mountain School. 18. Jim Merrill, Bent Mountain, in support of going fo ward with renovations of Bent Mountain School. 19. Ray Sandifer, 244 Gunn Avenue, Vinton, in support of additional school funding and continuation of the elementary ar program. 20. Eldon Karr, 8011 Poor Mountain Road, Bent Mo ntain, in support of the continuation of Bent Mountain School. 21. Alfred Powell, 3440 Franklin Street, Salem, in su port of a lower tax rate and less taxes. Following the citizen comments, Supervisor Johnson ex ressed his concerns on the funding for the proposed school bu get. He recognized the need to decrease instructional pe sonnel due to declining enrollment, but pointed out these fu ding problems will continue in the future unless solutions are fo nd. He recommended that the local legislators support a 1/2 ce t local sales tax that would be earmarked for localities. He al 0 supported continued consolidation of services with the sc ools. 710 April 26, 1988 -.-.----..---.-- -- -. -_. --- -..-....- ,- ..- - -_.- - ~.. '. IN RE: RECESS The Chairman declared a five minutes recess. IN RE: PUBLIC HEARINGS 488-2A Petition of S & J Enterurises for a Specia Exception Permit to operate a home for adu ts located at 7120 Williamson Road in the Hollins Magisterial District. (CONTINUED FR M MARCH 22, 1988) DENIED I Director of Planning Rob Stalzer presented the staff report. This property was formerly a 76 unit motel. He advise this request was not brought before the Planning Commission. The c ncerns of the staff included that the proposal of 46 units per acre e ceeds density limits of 12 to 24 units per area, the current saturat on of homes for the elderly in north County, and the existing layout limits the possibility of protecting residents from 11ghts, noise, od rs, and litter. The staff recommended conditions if the special excep ion is approved. The Petitioner, J. M. Landers presented a letter fro the Roanoke County Department of Social Services expressing a need for non-nursing home care for adults. There is presently a shorta e of I this type of home. ~ " 711 .~ ---1--- - ._--- ..----.------- April ?h, ,qAA --~------~_.._._----- Supervisor Johnson advised he had met with the League of 01 er Americans, the Department of Social Services and has visited th site three times. He stated he feels that the lot is not co ducive for a home for elderly citizens. Supervisor Johnson moved to deny the special exception pe mite The motion was seconded by Supervisor Nickens, and ca ried by the following recorded vote: AY S: Supervisors Johnson, Robers, Nickens, Garrett S: None AB TAIN: Supervisor McGraw I 488-3A Petition of M. E. Hinman and Dominion Trust ComDanv to rezone a 3.56 acre tract from R-1, Residential and M-2, Industrial to B-2, Business to operate a retail garden center and to amend the Roanoke County Future Land Use Map from Development to Transition, located on the north and south sides of Hollins Road immediately east of Tinker Creek in the Hollins Magisterial District. APPROVED WITH PROFFERED CONDITIONS Mr. Stalzer advised that the legal advertisement of the land us map amendment was inadvertently omitted from the notice. It will be advertised for the May 24 meeting. Therefore only the rezoning wi 1 be heard at this meeting. There was no one in opposition to this rezoning the Planning I Co ission hearing and the Commission unanimously recommended approval no significant impact factors. There are proffered co to the rezoning. ~ 712 -~i:±---U-r- 1988 _____.___.__.__.·.._~___._________._.._·_._·...n_________,_" _.._____., --,_._-,--~.- n -~~-_.- .____~____·___u____·_". ~....__._."..____....__._.____'._~.___ .,_..._ In response to a question from Supervisor Nickens, M . Mahoney advised that there have been successful litigations wh n a rezoning was approved that was not in conformance with the Lan Use Plan. However, this is not the issue in this case, but is onl a procedural problem and the land use plan amendment will be hea d. Ed Natt, attorney for the petitioner advised that if this rezoning was continued to May 24th, it would place a financial burden on the petition. He suggested that the Board approve the land use amendment in concept and formally approve it on May 24. Supervisor Johnson moved to amend the Land Use Plan from Development to Transition. The motion was seconded by Supervisor McGraw, and carried by the following recorded vote: Mr. Mahoney recommended going forward with the propo ed rezoning, and not voting on the Land Use Amendment until May 2 , 1988. Supervisor Johnson withdrew his motion. Supervisor Johnson moved to grant the petition. The motion was seconded by Supervisor McGraw, and carried by the following recorded vote: AYES: Supervisors Johnson, Robers, McGraw, Nickens, Garret NAYS: None FINAL ORDER NOW, THEREFORE BE IT ORDERED that the aforementioned parcel of land which is contained in the Roanoke County Tax Ma s I I I I , 7 1 3 .-. 1 qRR as Parcel 38.16-1-3.1 and recorded in Deed Book and legally de cribed below, be rezoned from R-1, Residential and M-2 In ustrial District to B-2 Business District BE IT FURTHER ORDERED that a copy of this order be tr nsmitted to the Secretary of the Planning Commission and that he be directed to reflect that change on the official zoning map of Roanoke County. A 3.56 acre parcel of land, generally located on the north side of Route 601, east of Tinker Creek within the Hollins Magisterial District and recorded as part of Parcel No. 38.16-1-3.1 in the Roanoke County Tax records. PROFFER OF CONDITIONS 1. Site to be developed in substantial conformity with th site plan of Buford T. Lumsden & Assoc. submitted herewith. 2. Signage on the site, exclusive of warning signs re ating to the parking, will be limited to six (6) square feet. 3. If permitted by Ordinance, a handrail or fence along th walkway under Route 601 will be constructed. 4. If the business is open after dusk, lighting will be in taIled along the walkway. 488-4A Petition of the Hobart COffiDanies. Ltd. to amend the conditions on a 4.974 acre tract located on the south side of Peters Creek .~ I. II I ~ 714 ---------Apr i 1...::.2£., ---1~8.B..--- .-:.:=--=-=-______ ...-._------,---.~._-.~--- Road immediately southwest of its intersection with Deer Branch Road in the Hollins Magisterial District. APPROVED WITH PROFFERED CONDITIONS Mr. Stalzer advised this petition requesting permissio to amend the conditions on a previous rezoning. It amends the concept plan to provide for one out parcel. No one was presen in opposition at the Planning Commission meeting and they were unanimous approved for recommendation. Supervisor Johnson moved to approve the amended conditions. The motion was seconded by Supervisor Nickens, an carried by the following recorded vote: AYES: Supervisors Johnson, Robers, McGraw, Nickens, Garret NAYS: None FINAL ORDER NOW, THEREFORE BE IT ORDERED that the aforementioned parcel of land which is contained in the Roanoke County Tax Ma s as Parcel 27.14-2-12 and a portion of Parcel 27.14-2-13 and recorded in Deed Book and legally described below be amended 0 read as below: BE IT FURTHER ORDERED that a copy of this order be transmitted to the Secretary of the Planning Commission and th t I I , 715 April 26, 1988 -------------- I I ------ he be directed to reflect that change on the official zoning map of Roanoke County. A 4.974 acre parcel of land, generally located in the 6600 block on the south side of Peters Creek road, within the Hollins Magisterial District PROFFER OF CONDITIONS 1. Development will be substantial conformity with the si e plan of Erie Ross, Inc. with a minimum of a 25 foot buffer ad oining any residential property. 2. Uses to be limited to: office, retail sales, banks, se vice industry uses together with warehousing and light ma ufacturing as allowed in Section 21-24-1, M-l Light Industrial Di Co ou (A) (1), (3), (4), (5) and (6) of the Roanoke County the provision that no M-1 uses will be permitted on the 3. Stand-alone sign shall not be greater than 48 square exclusive of the signage on the outparcel. 4. There shall be no outside storage of materials. 5. All lighting shall be directed away from the ad oining residential property. 6. All building shall be constructed with brick on the fr nt thereof. 716 n._ _~pri~_ _??_~ _1}8.8___, f- ,. .-. - - -.....-,-- ~_._.__. 488-SA Petition of HOD-In Food Stores. Inc. to rezone a 2.8S acre tract from R-1, Residential to B-2, Business to develop a complex including office building, convenience store, and donut shop, locate north of the intersection of Wood Haven Ro d and Peters Creek Road in the Hollins Magisterial District. NO ACTION TAKEN Mr. Stalzer advised this issue has been heard before b both the Planning Commission and Board of Supervisors. The Concept Plan has been changed significantly due to the additio I of office space and commercial floor space. The Planning Commission heard the request on April 25th. Twenty people spo in opposition and eight in favor of the request. The concerns expressed include increased traffic, trash, declining property values, excessive number of convenience stores, noise, lightin and potential for robbery. Support was the suitability for commercial development and that the land would be improved. The impact factors include the natural drainage channel and the existing pond, the question of adequate fire flow, and the signage which has been corrected by the proffers. The Planning Commission recommended approval on a 3-2 vote. The City of Roanoke has advised that this intersection is ranked seventh in a priority list for a traffic signal, which could ta e seven years to install. I ~ 717 1 , Ed Natt, Attorney for the Petitoner, was present and ou lined the plans for the proposed rezoning. He advised that ma y changes had been made to the rezoning to satisfy various co cerns. He presented a model of the project. He addressed the tr ffic concerns of the citizens and advised the Board that the si nage had been significantly changed. The proposal fits the la d use designation of Transition. He advised that they had no been able to verify the existence of springs on the property. Th gasoline storage tanks will have buff-hide tanks with a co puter monitoring system. The screening and buffering will be II in accordance with the ordinance. In response to a question from Su ervisor Robers, Mr. Natt advised they had not discussed the tr ffic signal with the City of Roanoke, but would be willing to me t with them. The following citizens spoke in opposition to the re oning: 1. Carlton Wright, 6939 Woodhaven Road, concerned about th traffic situation. 2. Rita Watson, 6628 Wendover Road, expressed concerns ab ut safety and possible robberies. 3. John Porter (no address given), concerned about the po sibility of gasoline leaks. I 4. Kevin Hamilton (no address given) opposed because of tr ffic, gasoline leaks. 718 __~p~~~_ .?~t__.~J_ª_-ª._ -_._---_. .- l I i L ______.._~__.___H_._.. _ 5. Lennie Gregory, 7036 Autumn Wood Lane, Opposed because of lack of traffic signalization. 6. Jenny Montgomery (no address given) Supervisor Nickens advised that while he liked the n w signage and appreciated the changes the petitioner had made, h could not vote for the petition without traffic signalization. Supervisor Nickens moved to continue the petition fo 30 days to allow the petitioner to meet with the City of Roano e and the Highway Department to work out traffic signalization a the intersection and to address the installation of the gasoli tanks and installation. The motion was seconded by Supervisor I McGraw. Supervisor Johnson advised that he could not support this request because of possible contamination of the acquifer and the objections of the citizens in the area. Supervisor Nickens withdrew his motion. There was no further motion to approve or deny. Chairman Garrett declared t e petition defeated because of a lack of motion. 488-6A Petition of Richard and Tamara Carrell for Use Not Provided for Permit to operate a do boarding kennel and hold obedience training classes on a 3.079 acre tract located immediately east of the terminus of State Route 667 in the Vinton Magisterial Distric . DENIED I Mr. Stalzer advised this was a request for a Use Not I I 719 April 26, 1988 P ovided for to operate a dog boarding kennel. There were 14 p ople in opposition to the request and four in favor at the Panning Commission hearing. The opposition was focused on the n mber of dogs on the property and the location and the noise g nerated. The significant impact factors included the fact t at the location was outside the established fire and rescue s rvice area and the potential for noise from barking dogs. The Panning Commission recommended approval by a four to one vote. Attorney John Curtin representing the petitioners p inted out that with the present zoning conditions they could n w keep up to 20 dogs without this petition. They could also h ve stockyards, a riding kennel or raise hogs under the present c nditions. He outlined the proffers that the petitioners are p esenting. The only area where they propose to train the dog i at the front of the property, but it will be controlled by f ncing and screening. County Attorney Paul Mahoney explained the difference b tween a private and a commercial kennel. Mr. Curtin advised t at if the Use Not Provided For Permit is approved, they will n t operate a private kennel. Tommy Jo Williams, an attorney representing Mr. and M s. Ollen Hartman, spoke in opposition to permit. Their p imary concern was the training area which fronts directly on testate route. I I I I I ! I ! I ~_! 720 ~ April 26, 1988 . '__'_.Or.~__._~ ___._"_~ - -- -- -- -r----- In a response to a question from Supervisor Nickens, Mr. Cur in stated there is no way to relocate the training area because he property slopes steeply uphill. Supervisor Nickens moved to deny the petition. The motion was seconded by Supervisor Johnson, and carried by the following recorded vote: AYES: Supervisors Johnson, Robers, Nickens, NAYS: Supervisors Garrett, McGraw 488-7A Petition of Ernest Clark to rezone a 9.7 acre tract from R-l, Residential to R-5, Residential to construct townhomes, locat on the south side of Wood Haven Road approximately one half mile east of its intersection with Taney Drive in the Holl' s Magisterial District. I APPROVED WITH PROFFERED CONDITIONS Mr. Stalzer reported the purpose for this request i to opposed were sewer and water services, effect on well water; I build townhomes. At the Planning Commission hearing there we 10 in opposition and 8 in favor of the petition. The concerns of t se ainage; increased traffic accidents and congestion. There were no si ificant impact factors in the staff report. There are proffered cond' ions to the rezoning. In response to a question from Supervisor John n, Mr. Stalzer advised that approximately 50 single family homes can presently be built there which would generate 500 trips Attorney Ed Natt was present to represent the petit' nero He outlined the plans for the townhomes. ~ 721 ---..------.---.--.--.---- April 26, J988 --.-.---..--..---.. ------_._~_.._----.._--_._----_._--- I Supervisor Johnson moved to grant the petition with pr ffered conditions. The motion was seconded by Supervisor Ni kens, and carried by the following recorded vote: AY S: Supervisors Johnson, Robers, McGraw, Nickens, Garrett NA S: None FINAL ORDER NOW, THEREFORE BE IT ORDERED that the aforementioned cel of land which is contained in the Roanoke County Tax Maps Parcel 37.05-1-1 and Parcel 37.05-1-2 and recorded in Deed k and legally described below, be rezoned from R-1 Re idential District to R-5 Townhouse District BE IT FURTHER ORDERED that a copy of this order be tr nsmitted to the Secretary of the Planning Commission and that he be directed to reflect that change on the official zoning map of Roanoke County. A 9.77 acre parcel of land, generally located on the south side of Wood Haven Road west of 1-581, within the Hollins Magisterial District and recorded as Parcel No. 37.05-1-1 and Parcel No. 37-05-1-2 in the Roanoke County tax Records PROFFER OF CONDITIONS I 1. Project will be in substantial conformity with the site plan of T. P. Parker & Son, submitted herewith. 722 ---- - .--.--Apr-i-l---26.,-.--l-9Z-8- . -- - --....-.,-.~.- ,,-.. -.- ~. - .-. ~."_.- --_...._~_.- 2. Streets will be developed in accordance with state standa ds and submitted for acceptance into state secondary system. 3. Units will be similar to design submitted herewith. 4. A pedestrian footpath easement in at least two locations rom the public streets within the subdivision to the adjoining school board property will be shown on the recorded plate of development. 5. Ten year storm detention will be provided with a two year storm release. 488-8A Petition of Roaer D. Hale and F. Mike Montaomerv for a Use Not Provided For Per and to rezone a 0.23 acre tract from R-3, Residential to B-2, Business to operate a grooming business, located at 4355 Frankl Road in the Cave Spring Magisterial Distr' I APPROVED WITH PROFFERED CONDITIONS Mr. Stalzer reported this was a Use Not Provided For permit to operate a dog kennel. There was no one in oppositi is that screening and landscaping are not present and have no at the Planning Commission. The significant impact factor been proffered. There are proffered conditions. The Plannin Commission voted unanimously to approve the permit with proff ed conditions. The petitioner, Roger Hale, was present to answer questions. I I I 723 ?n, 1 qAA Supervisor Nickens moved to approve the Use Not Pr vided For Permit and rezoning. The motion was seconded by Su ervisor Robers, and carried by the following recorded vote: AY S: Supervisors Johnson, Robers, McGraw, Nickens, Garrett NA S: None FINAL ORDER NOW, THEREFORE BE IT ORDERED that the aforementioned pa cel of land which is contained in the Roanoke County Tax Maps as Parcel and recorded in Deed Book and legally described be ow, be rezoned from R-3 Residential District to B-2 Business Us Not Provided For District BE IT FURTHER ORDERED that a copy of this order be tr nsmitted to the Secretary of the Planning Commission and that he be directed to reflect that change on the official zoning map of Roanoke County. BEGINNING at an iron pin located S. 160 20' 00" E. 235.20 feet from the point of intersection of the southeasterly right of way line of Valley Avenue with the southwesterly right of way line of U. S. Route No. 220, thence with such line of U. S. Route No. 220, s. 160 20' 00" E. 78.51 ft. to an iron pin; thence S. 740 34' 00" W. 125.66 ft. to an iron pin; thence N. 150 2 6 ' 0 0" W. 7 8 . 50 ft. to an iron pin, BEGINNING, being part of Lots 6, 7 and 8, Block 1, Pinkard Court (P.B. 1, page 363) as shown 724 Ap-r~~·---l-9-ß..ß-------·_-----_.-:----------------,------------ . --..------ ____·__...__·______..____._0.____ __.___._ ~_ u.._''''_._.~_..__.'.' "_.-'..'" ____ ._...... __n.__.____.__ _. ... ~ on a plat of survey dated March 24, 1987 made by Buford T. Lumdsden & Associates, P. C., a copy of which is attached hereto; and BEING the same property acquired by Thomas B. Whitfield and Ethel Mae Whitfield, husband and wife, by deed dated March 17, 1942 and recorded in the Clerk's Office of the Circuit Court of the County of Roanoke in Deed Book 296, page 141, and by deed dated March 10, 1943 and recorded in such Clerk's Office in Deed Book 303, page 419. Thomas B. Whitfield died on June 13, 1981, and Ethel Mae Whitfield died on November 28, 1986, as evidenced by wills recorded in such Clerk's Office in Will Book 36, page 36 and will Book 40, page 910. I PROFFER OF CONDITIONS 1. There will not be any outside kennel runs. 2. Dogs will be on leash 3. There will be no Flea Markets, stone yards, junk dealers, dance hall, billiard room or business with sale of A.B.C., au garage. 488-9A Petition of Clarence David SheDherd to rezone a portion of a 0.739 acre tract from B-2, Business to B-3, Business to operate a used car sales business located at 6718 Williamson ROad in the Hollins Magisterial District. I ~ I I April 26, 1988 725 APPROVED WITH PROFFERED CONDITIONS Mr. Stalzer reported that this rezoning will allow the s e of used cars. No new construction and no expansion of the sting building is proposed. The petitioner plans to utilize sq. ft. at the rear of the auto parts building as an office the used car sales business. There are no significant impact and there are proffered conditions. There was no one in osition at the Planning Commission hearing and they un nimously recommended approval with proffered conditions. The pe itioner, David Shepherd was present to answer questions. No ci izen was present to speak to this rezoning. Supervisor Johnson moved to approve the rezoning with pr ffered conditions. The motion was seconded by Supervisor Ga rett and carried by the following recorded vote: AY S: Supervisors Johnson, Robers, Garrett, McGraw, Nickens NA S: None FINAL ORDER NOW, THEREFORE BE IT ORDERED that the aforementioned pa cel of land which is contained in the Roanoke County Tax Maps as Parcel 27.18-1-5.1 and recorded in Deed Book 1171, page 434 an legally described below, be rezoned from B-2 Business Di trict to B-3 Business District ~---- 726 April 26, 1988 r_'__'_~__~'_____~___________ '_.._M··__________ ----~- .---..---- . '-~_.'-----_._--"--"."'~.. ..~_._-.-~.~_..'"-_..'..~,,- \I I I I I I i BE IT FURTHER ORDERED that a copy of this order be transmitted to the Secretary of the Planning Commission and t he be directed to reflect that change on the official zoning of Roanoke County. BEING a portion of the property at 6718 Williamson Road in the Hollins Magisterial District and beginning on the westerly side of Williamson Road and at a point 16 feet westerly parallel of line 5100 56'E and 10 feet southerly and parallel line N790 04'E, thence with a line S100 56'E. 48 feet to a point, thence with a line 5790 04'W. 95 feet to a point thence with a line S100 56'E 40 feet to the wall of the building of C.M.B. Associates, thence with a line from the westerly wall of C.M.B. Associates S790 04'W 10 feet to a point; thence with a line N100 56'W 105 feet to a point; thence with a line N790 04'E. 117 feet to the point of BEGINNING. PROFFER OF CONDITIONS (1) Use of property will be limited to used automobile sales (2) No outside overnight parking of inoperative or junk vehicles. (3) No on-premises automobile repairs shall be conducted. I~- , (4) Maximum signage to be 2' x 3' and located at the entranc of the office for the used car business which is located at the of the retail building. I ar I ,-, 727 .J -:- l ---.-------.---.-----.----.------------------ April 26, 1988 "------- -------------------------- I I (5 No more than 16 vehicles on site. (6 There will be no billboard advertising. Petition of Clifford Currv to amend the conditions on a 5.57 acre tract to construct a retirement facility, located on the east side of Va. Route 706 approximately 0.1 mile south of its intersection with Route 419 in the Cave Spring Magisterial District. 48 -lOA am co APPROVED WITH PROFFERED CONDITIONS Mr. Stalzer advised that the petitioner is requesting of the conditions on a parcel currently zoned B-2 to a retirement facility. No one was in opposition at the PI nning Commission hearing and the members voted unanimously to re ommend approval with proffers. The significant impact factors include that the proposal is 47 parking stalls short of the minimum necessary. The final si e plan will require extensive parking modifications unless a va iance is acquired from the Board of Zoning Appeals. The Co sy Engineering staff recommends the development of a drainage from the petitioner's property to 419. VDOT has also ex ressed concern over additional drainage onto Route 419 and 706. Th Engineering staff recommended that more stringent slope de elopment proffers be offered, but the petitioner was not wi ling to make this proffer until a geotechnical engineer has do e the analysis of the site. r- 728·' April 26, 1988 ~--------r------ The architect for the project was present representin the petitioner. In response to a question from Supervisor Johnson, he advised that the rents would begin at $695 for a studio rental to $1700 for a 2-bedroom corner unit. This wou include three meals a day, all utilities, housekeeping, van service, all activities. Supervisor Johnson requested that Chairman Garrett di ct that a study of the housing needs for the elderly be undertak and suggested that it be turned over to the Roanoke Valley Cooperation Committee. Chairman Garrett suggested that Supervisors Johnson and Nickens form a committee for this purpose. I Supervisor Nickens moved to grant the petition with proffered conditions subject to administrative review. The motion was seconded by Supervisor Robers and carried by the following recorded vote: AYES: NAYS: Supervisors Johnson, Robers, Garrett, McGraw, Nicke None FINAL ORDER NOW, THEREFORE BE IT ORDERED that the aforementioned parcel of land which is contained in the Roanoke County Tax M s as Parcel 77.20-1-51 and recorded in Deed Book 1263, page 1478 1172, page 0372; 1098, page 0504; and Deed Books 1263, page 14 8; I 729 11 5, page 0792; 436, page 0380 and legally described below, be BE IT FURTHER ORDERED that a copy of this order be tr nsmitted to the Secretary of the Planning Commission and that he be directed to reflect that change on the official zoning map of Roanoke County. BEING 6.10 acres, situated in Cave Spring Magisterial District, more particularly described as follows: I BEGINNING at a point common to said 6.10 acres, the east right-of-way line of Va. Route 706 (Elm View Road) and property of Tom Penn, et als; thence N 90 03' 50"W, 115.71 feet along the line common to said 6.10 acres and said east right-of-way line of Virginia Secondary Route 706 to a point; thence N 50 15' 45" W, 41.24 feet to a point; thence along the line common to said 6.10 acres and property of Avenham Associates, the following 3 courses and distances, S 520 OO'E, 40.00 feet to a point, N 690 37' 10"E, 232.90 feet to a point; N 450 42;E, 500.00 feet to a point; said point being common to said 6.10 acres, said property of Avenham Associates and property of Herbert J. Brown and Tessie M. Brown; thence along the line common to said 6.10 acres and said property of Brown the following two courses and distances, S 330 21'E, 21.72 feet to a point; S 530 33;E, 250.00 feet to a point; thence along a rezoning line, S 350 13' 17" W 675.60 feet to a point; thence along the line common to 6.10 acres and said I ~ 730 ---April .2-9-, 1988 .__..,_____._____________A__.__·__·_.____._·__ __~_....>.~ - -~,----,--_. --_._- -_._._~---_._-- ----""---~--------"_.,-,_...._'_."~_._.. - ~-.. -._._~_.,.,_._._.-._._'.'_.,._- property of Tom Penn, et als, N 680 56' W, 438.37 feet to the point of BEGINNING and containing a computed acreage of 6.10 acres. PROFFER OF CONDITIONS (1) A maximum 110 suite retirement facility will be construc ed following the existing entrance road and parking lot. (2) Type D screening and buffering or its equivalent by modifications will be installed on all property borders. (3) Final plan will be in substantial conformance with the concept plan. (4) One concrete sign no greater than 24 sq. feet will be installed; no other signage will be constructed. (5) Architecture will display brick and wood siding exterior over wood frame construction. (6) Interior traffic circulation will be one-way and will be 0 designated on the property. (7) A sprinkler system will be installed serving entire facility. (8) A drainage system will be constructed from subject prope y to Va. 410. II (9) A licensed geotechnical engineer will be hired to conduc soils test on the site, write a report, review the working drawings for compliance with recommendations, and inspect all he earth work. I .. "'. I I ., 731 ~------~-'.---.~-----------------._._----------------_...----..---.------ April 26, 1988 ___________ .._-<-_____-0.____·- I I 48 -llA Request to amend the Land Use Plan from Neighborhood Conservation to Transition for a 0.678 acre tract parcel located at 6024 Williamson Road APPROVED Mr. Stalzer reported that the subject parcel was rezoned to M-l conditional in February, and the staff advised the PI nning Commission and Board of Supervisors at that time that th property was incorrectly designated in 1985 when the Land Use PI th was prepared. This amendment will correct the error was made in 1985. The Planning Commission unanimously re ommended approval of the amendment to the Land Use Plan. Supervisor Johnson moved to approve the amendment to th Land Use Plan. The motion was seconded by Supervisor Nickens an carried by the following recorded vote: AY Supervisors Johnson, Robers, Garrett, McGraw, Nickens NA None FINAL ORDER NOW, THEREFORE BE IT ORDERED that the aforementioned pa cel of land which is contained in the Roanoke County Tax Maps as Parcel 38.06-6-2 and recorded in Deed Book 698, page 29 and Ie ally described below, be redesignated from Neighborhood Co servation to Transition. ~--- II I I I 732 April 26, 1988 _.~. ---,.---,. --~---- - ~-=::::_::::=~:::::::::i:::::::::=--::::-F ~----_..,-_..--~,~-_._~..._--~- . BE IT FURTHER ORDERED that a copy of this order be transmitted to the Secretary of the Planning Commission and t t he be directed to reflect that change on the official zoning p of Roanoke County. BEGINNING at a point on the westerly side of Route No. 11, 100.0 ft. (erroneously shown as 11 ft. in previous deed), southerly from the intersection of the westerly side of Route 11, and the southerly side of Route 623, both extended; thence with a division line between Lots 12-B and 12-C, S. 780 l' 30"W. 200.17 ft. to an iron on the line of Lot 11; thence N. 00 0' 30" W. 222.25 ft. to an old iron on route 623; thence with the southerly side of Route 623, S. 640 40' E. 181.29 ft. (erroneously shown as 193.73 ft. in previous deed), to the beginning of a curve; thence with a curve to the right, whose radius is 25 ft., an arc distance of 23.09 ft. to a point on the westerly side of Route 11; thence with Route 11, S. 110 58' 30" E. 87.56 ft. to the place of BEGINNING, and BEING all of Lot 12-C, according to a survey made for Captain's Grove Corporation showing a division of Lot 12, Block 1, Captain's Grove, which survey was made by T. P. Parker, S.C.E., July 16, 1962, attached to and made a part of the Deed recorded in Deed Book 698, page 29, at page 31, in the Clerk's Office of the Circuit Court for the COunty of Roanoke, and BEING the same property conveyed to Samuel E. Peters by Deed recorded in Deed Book 698, I I 733 April 26, 1988 48 -12A Public Hearing concerning acquisition of certain easements for completion of the Starkey Force Main Gravitv Sewer Proiect to traverse certain properties being owned by Tanglewood West County Attorney Paul Mahoney reported that these ea ements are needed to complete the Starkey Force Main and Gr vity Sewer Project. The County has been unable to settle with th property owners. He is therefore requesting that the County go forward with condemnation proceedings and adopt the prepared re olution. II Barry Hall, Vice President of Smithey and Boynton, was pr sent. He explained they are not opposed to the location of th sanitary sewer line. However, they do not agree with the ap raisal set forth by the County. They had another appraisal do e with Frank D. Porter which showed the property to be worth $9 33 instead of $4219. Supervisor McGraw pointed out that it is expensive to go fo ward with condemnation and suggested that negotiations co tinue rather than condemnation. Mr. Mahoney advised that the County is under a state ma date and recommended that the Board go forward with the co demnation resolution. The County and Smithey and Boynton I co Id continue to attempt settlement until the case comes to co rt. _..- 734 April 26, 1988 .'___.___ __0__ -- ----- - -Ii - ! II I ¡ I I Supervisor Nickens moved to adopt the prepared resolu The motion was seconded by Supervisor Johnson and carried by e following recorded vote: AYES: Supervisors Johnson, Robers, Garrett, Nickens NAYS: Supervisor McGraw RESOLUTION 42688-9 PURSUANT TO SECTION 15.1-238 (e) OF THE 1950 CODE OF VIRGINIA, AS AMENDED, SETTING FORTH THE INTENT OF ROANOKE COUNTY TO ENTER UPON CERTAIN PROPERTIES AND TO TAKE CERTAIN SANITARY SEWER EASEMENTS IN CONNECTION WITH THE STARKEY FORCE MAIN AND GRAVITY SEWER PROJECT BE IT RESOLVED by the Board of Supervisors of Roano County, Virginia, as follows: 1. That the Starkey Force Main and Gravity Sewer P ject is being undertaken by the County of Roanoke to allow fo the elimination of the Starkey Sewage Treatment Plant and pro for long-term sewer capacity for the Back Creek sewershed; an 2. That in order to complete this project, certain sanitary sewer easements are needed and more particularly des cribed: a. A twenty (20) foot wide strip of land across the property of Tanglewood West and more particularly described on the attached appraisal report as located on the rear property line and containing 2,563-square feet and I I '1 735 FF -------------.-----.-- being shown on the attached plat prepared by the Roanoke County Department of Public Facilities dated June 1, 1987. Together with a ten (10) foot wide temporary construction easement more particularly described on the attached appraisal report as contain- ing 1,282 square feet. The fair market value of the afore- said interest to be acquired is $2,561.00, such compensation and dam- ages, if any, having been offered the property owner. I b. A fifteen (15) foot wide strip of land across the property of Smithey & Boynton, P.C., successor-in-interest to Atelier, Inc., and more particular- ly described on the attached apprai- sal report as running along the front property line and containing 4,725 square feet and being shown on the attached plat prepared by the Roanoke County Department of Public Facili- ties dated October 21, 1987. Together with a ten (10) foot wide temporary construction easement more particularly described on the attached appraisal report and contain- ing 3,150 square feet. The fair market value of the afore- said interest to be acquired is $4,219.00, such compensation having been offered the property owner. I c. A twenty (20) foot wide strip of land across the property of T. R. Leslie and more particularly described on the attached appraisal report as an irregular shaped easement located at the corner of Ogden Road and Route 419 and containing 1,010 square feet and being shown on the attached plat prepared by the Roanoke County Depart- ~ 736 ------_._.._- - -, ----'-----------'---_..~,:-~-=-~:..:.,:::.=-~.::-- ~-=::: - - --- ____c,_~_',_,__,_,c,'_-c-___"_,,7, ,(_____ ___ , II I' --_.- . -_._--~---,._~. ---_. ment of Public Facilities dated December 30, 1987. The fair market value of the afore- said interest to be acquired is $2,949.00, such compensation having been offered the property owner. enter upon and take such property and commence said sanitary 2. That it is immediately necessary for the County 0 sewer improvements in order to replace the Starkey Sewage Tre to satisfy the proposed requirements and regulations of the St te ment Plant due to the economic infeasibility to upgrade the pI nt health, safety, and welfare of its citizens and to thereafter Water Control Board and provide long-term sewer capacity for t e (e) of the 1950 Code of Virginia, as amended, and pursuant to 3. That pursuant to the provisions of Section 15.1- 8 I institute and conduct appropriate condemnation proceedings as said sanitary sewer easements; and notice and public hearing as made and provided therein, the Boa d does hereby invoke all and singular the rights and privileges a d provisions of said Section 15.1-238(e) as to the vesting of powers in the County pursuant to Section 33.1-119 through Secti n 33.1-129 of the 1950 Code of Virginia, as amended, all as made and provided by law. Supervisor JOhnson, and upon the following recorded vote: On motion of Supervisor Nickens to approve, seconded AYES: Supervisors JOhnson, RObers, Nickens, Garrett I I I April 26, 1988 737 NA s: supervisor McGraw IN RE: FIRST READING OF ORDINANCES 1. Ordinance amendina and reenactina ChaDter 21 of the Roanoke Count Code Taxation b the addition of a new Ar icle VIII Tax on Pre ared Food and Bevera es· such bevera es so d in the Count of Roanoke ursuant to Section 58 1-3833 of vir as amended and for the amount such tax rocedures for collection duties of sell rs and ies of local officials with res ect to such tax enforcement cedures civil enalties for late a ent misdemeanor alties for violations of article exem tions and an effective Hodge advised that a public hearing on this ordinance on April 12, 1988 for comment from citizens. No one was esent to speak to the ordinance. The second reading is for May 10, 1988. Supervisor Johnson moved to approve first reading of t e ordinance. The motion was seconded by Supervisor McGraw and c rried by the following recorded vote: Supervisors Johnson, Robers, Garrett, McGraw, Nickens YS: None SECOND READING OF ORDINANCES RE: 738 _._-----_. _ ---~p~=~ :26-,_~~~~_u_ :::==-=:C_~':::::-=-_~~:::==:c=~,.,_~=:~~:;~:;.=;;~I;=:_ II II I' I' -1- I 2. Ordinance authorizing the acquisition of timber rights on approximately sixty-one acres of real property loca Supervisor McGraw moved to approve the ordinance. near Va. State Route 603 in Roanoke County: Mr. Mahoney advised first reading of this ordinance was held April 12, 19 and authorizes the County to enter into an agreement with Tur Sawmill to acquire the timber rights and enter into an agreem with the Marchants granting their consent to the assignment. motion was seconded by Supervisor Nickens and carried by the following recorded vote: AYES: Supervisors Johnson, Robers, Garrett, McGraw, Nicke s I NAYS: None ORDINANCE 42688-10 AUTHORIZING THE ACQUISITION AND ACCEPTANCE OF TIMBER RIGHTS ON APPROXIMATELY SIXTY-ONE (61) ACRES OF REAL PROPERTY LOCATED NEAR VIRGINIA STATE ROUTE 603 IN ROANOKE COUNTY, VIRGINIA WHEREAS, pursuant to the provisions of the Section 18.04 of the Charter of Roanoke County, a first reading conce ing the acquisition and acceptance of the hereinafter-describ I 739 _. w.____. __...__.__._.___.._....._.._..._...___~_____.__.. _ _'..__0"._" ........_.. , er rights was held'-örï- April 12, 1988. A second reading on th s matter was held on April 26, 1988; and WHEREAS, on December 23, 1986, Roanoke County purchased ap roximately sixty-one (61) acres of real property from Mary Ann Wo Iford Marchant and John D. Marchant, said tract being more pa ticularly described as located near Virginia State Route 603 in Roanoke County and designated as Roanoke County Tax Map No. 82 00-1-1; and WHEREAS, in the deed of purchase between the Marchants an Roanoke County the Marchants reserved the right to harvest ti ber on said sixty-one (61) acres for two years from the date of the deed; and II WHEREAS, the Marchants sold their retained timber ri hts to Turman Sawmill Inc. on December 31, 1986; and WHEREAS, the Marchants have agreed to enter into an ag eement with Roanoke County releasing all their right, title, an interest to harvest timber on the above-described property; an WHEREAS, Turman Sawmill Inc. plans to harvest the sixty- on (61) acres which will have an adverse environmental impact on th development of the Spring Hollow Reservoir Project. NOW, THEREFORE, BE IT ORDAINED by the Board of Supervi- so s of Roanoke County, Virginia, as follows: I 1. That the agreement between Mary Ann Wohlford Ma chant and John D. Marchant and the Board of Supervisors of Ro noke County, Virginia, releasing all the Marchant's right, ti Ie, and interest to harvest timber on the approximately sixty- on (61) acres off of Virginia State Route 603, more particularly __. ._"___"__'·.'~·'_·'._"~4"_·' ._"oM"" __ _ _n_ _.. _ , _. .'7_=~.:7C c~:,~_.~~~:,~~.;::;:;:.:~-= -= II described as Roanoke County Tax Map No. 82.00-1-1, be, and he~eby I 740 April 26, 1988 --.-.-.------ "--¡r-h-------'-' --_._-~ -- - is, accepted. 2. That the conveyance of the timber rights locate on approximately sixty-one (61) acres off of Virginia State Rout 603 more particularly described as Roanoke County Tax Map No. 82.00-1-1 from Turman Sawmill Inc. to the Board of Supervisor of Roanoke County, Virginia, be, and hereby is, accepted. 3. That the purchase price of the timber rights is Fifteen Thousand Dollars ($15,000), said funds being availab11 the Spring Hollow Reservoir account. 4. That the County Administrator is authorized to cute such document and take such actions on behalf of Roanoke County as are necessary to accomplish the acquisition and acc tance of this property, all of which shall be upon form appro by the County Attorney. On motion of Supervisor McGraw, seconded by Supervi or Nickens, and upon the following recorded vote: AYES: Supervisors Johnson, McGraw, Nickens, Robers, Garre NAYS: None IN RE: ADJOURNMENT At 11:15 p.m., Supervisor Johnson moved to adjourn. The motion was seconded by Supervisor McGraw and carried by a unanimous voice vote. 'Qpl/~ Lee' rrett, C airman in I I