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HomeMy WebLinkAbout7/12/1988 - Regular I I July 12, 1988 00 1 Roanoke County Board of Supervisors Roanoke County Administration Center 3738 Brambleton Avenue, SW Roanoke, Virginia 24018 July 12, 1988 The Roanoke County Board of Supervisors of Roanoke County, Virginia, met this day at the Roanoke County Administration Center, this being the second Tuesday, and the first regularly scheduled meeting of the month of July, 1988. IN RE: CALL TO ORDER Chairman Garrett called the meeting to order at 2: 05 p.m. The roll call was taken. MEMBERS PRESENT: Chairman Lee Garrett, Vice Chairman Richard Robers, Supervisors Bob L. Johnson, Steven A. McGraw MEMBERS ABSENT: Supervisor Harry Nickens (arrived at 2: 15 p.m.) STAFF PRESENT: Elmer C. Hodge, County Administrator; John M. Chambliss, Assistant County Administrator for Human Services; Don Myers, Assistant County Administrator for Management Services; Joseph Obenshain, Senior Assistant County Attorney, Mary H. Allen, Deputy Clerk IN RE: OPENING CEREMONIES July 12, 1988 002 . , The invocation was given by the Reverend Robert Wayne Lynn Haven Baptist Church. The Pledge of Allegiance was recited by all present. IN RE: REQUESTS TO POSTPONE, ADD OR CHANGE THE ORDER OF AGENDA ITEMS: A Resolution of Appreciation to Wayne Wilkerson for his work with CRIMELINE, Inc. was added. IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS I 1 . Presentation of a Dlaaue from the U. S. postal Service commemoratin statehood and Roanoke Count's Sesauicentennial: Cal vin Johnson M. S. C. Manager and postmaster for Roanoke presented a plaque holding stamps commemorating Virginia's entry to statehood. The plaque was presented to Chairman Garrett in honor of Roanoke County's Sesquicentennial. 2. Resolution of ApDreciation to ~íJavne Wilkerson: Wayne wilkerson was present to receive a resolution for his work with CRIMELINE, Inc. Supervisor Johnson moved to approve the resolution. The motion was seconded by Supervisor Robers and carried by the I following recorded vote: AYES: Supervisors Johnson, Robers, McGraw, Nickens, Garrett ~ I I July 12, 1988 l 003 ,~. -- - -... _.~-' _.._,-~... .-.-- -...-., _ _""~"~ ......_ ~_,..~ _ w NAYS: None RESOLUTION 71288-1 OF APPRECIATION TO WAYNE O. WILKERSON FOR HIS SERVICE AS PRESIDENT OF CRIME LINE, INCORPORATED BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia as follows: WHEREAS, CRIME LINE Inc. was organized over three years as a unified valley-wide effort to reduce crime in the Roanoke Valley; and WHEREAS, thi s program, through the use of a telephone number, gives citizens an opportunity to aid in solving crimes and to receive rewards for their crime deterrent assistance; and WHEREAS, Wayne o. Wilkerson has been active in this organization since its inception, serving as President for the past two years; and WHEREAS, by volunteering his time in this program, he has served a valuable service to the community and his efforts with CRIME LINE, Inc. will be missed by all localities in the Roanoke Valley. THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County, Virginia expresses its deepest appreciation to Wayne O. Wilkerson for his volunteer service to the community by serving as President of CRIME LINE, Inc., and FURTHER, the Board of Supervisors extends its best wishes for a successful future as President of ASSA, Lock Manufacturing Company. ~ 004 July 12, 1988 IN RE: WORK SESSIONS 1. Smith Mountain Lake Studv: John Bradshaw with Hayes, Seay, Mattern and Mattern, Inc. was present. He reviewed the historical data surrounding the search for a water source for the County, and why Spring Hollow Reservoir was considered the best al ternati ve. He advised they had completed the preliminary assessment of Smith Mountain Lake at the Hardy Ford Bridge as a potential water source for Roanoke County. He reported that the estimated capital cost using the Hardy Ford Bridge as a intake location is $73,000,000, with maintenance costs of $6,000,000. Spring Hollow reservoir is estimated to cost $70,000,000 with maintenance costs of $2,000 per year. Hayes, Seay, Mattern and Mattern recommends that Smith Mountain Lake not be considered an alternative because of the costs, the potential for pOllution, greater distance, and legal considerations such as controlling water rights, recreational usage and lakefront property development. Supervisor McGraw advised that when the Board went into session, he planned to move to go forward with the construction of the Spring Hollow Reservoir. Supervisor Johnson advised his primary concern was the potential for water contamination. Supervisor Nickens requested that a copy of the study be sent to the Friends of Roanoke River who have opposed the construction of the Spring Hollow Reservoir. I I ~ I I ., July 12, 1988 005 - -- _.- 2. Flood Control: Mr. Hodge advised that John Hubbard was not out of town and unable to present the work session. Mr. Hodge stated he was recommending that a formal natural disaster policy be adopted for all such tragedies. The policy would incl ude procedures for assessors, financial staff, and fire and rescue personnel. He requested approval to bring back such a policy wi thin 90 days. He announced that Chairman Garrett had written Mayor Noel Taylor from the City of Roanoke offering to work with them on a regional approach to flood control. The final step is to complete the study being done by the Corps of Engineers on the tributaries. Supervisor Johnson requested a cost analysis on purchasing homes that are flooded by tributaries even though he advised he felt the cost would be prohibitive. He also requested that the Corps of Engineers and appropriate staff meet with the communities affected by flooding. Mr. Hodge advised he would follow up with these requests and bring back a proposed policy on natural disasters in September. 3. Radio Communication System: Mr. Hodge introduced Mike Hunter of RAM Communication who has served as a consultant to the County and has studied the new radio system. Sheriff Michael Kavanaugh, Fire Chief Tommy Fuqua, personnel from Motorola, and Director of General Services Gardner Smith also participated. Mr. Hodge reviewed the background of the purchase of the new radio communication system. Mr. Hunter reported that their task was to review and compare the old system and new system. He outlined the problems ~ July 12, 1988 -006 with the system, including fairly long wave length, long antennas, portables and pagers are difficult to operate, and the band is susceptible to harmful interference. He felt that the 800 Mhz system provides operational features not present before such as portable coverage and mobile to mobile coverage across the County. He acknowledged there are areas in the County in which coverage from the portable radios is marginal. In response to a question from Supervisor Nickens, Mr. Hunter advised that Roanoke County made a good decision on their choice with only $2.5 million funds available. However, the system could still be enhanced. Supervisor Johnson asked if Phase II will solve the problems. Mr. Hunter responded that it would be much improved when Phase II is complete. Sheriff Kavanaugh outlined his concerns with the new system. These concerns included the bid process for the new system, and the fact that Requests for Proposal process was used instead of a bid process. Sheriff Kavanaugh felt this process could eliminate bidders. He also was concerned with the "dead" spots and lack of coverage on the present system, and the decision to go with 800 Mhz trunking. Sheriff Kavanaugh presented memos from his law enforcement personnel describing problems they have had with the new system, explaining it did not have "talk around" . Mr. Clark from Motorola responded that the system did have this feature. Sheriff Kavanaugh also questioned turning in the old radios for a trade-in because they were originally purchased with grant funds. ~ I I I I July 12, 1988 00;7 ... ".~. - ...._~--.~_. ~-'. Supervisor Nickens requested a transcript of Sheriff Kavanaugh's comments for response by the consultant and Motorola. IN RE: RECESS At 4: 40 p. m., Chai rman Garrett declared a five-minute recess. IN RE: NEW BUSINESS 1. Reauest for aODroval of an aareement with Roanoke City concernina the develoDment and maintenance of a Park Access Road into Vinyard Park: Assistant County Administrator John Chambliss reported that the Parks and Recreation Department had made a request to the Department of Transportation and the State Parks Commission for a park access road into Vinyard Park. Because the park is located in the City of Roanoke, they were advised that the City of Roanoke must make the application for the grant. The city sent a letter of intent in June so that the $26,000 money could be taken from the 1987-88 allocation. The ci ty requested these funds, contingent upon an agreement with the County by which the County would maintain full responsibility for the road. Staff is requesting authorization for the County Administrator to execute the agreement. Supervisor Nickens moved to approve the resolution. The motion was seconded by Supervisor Johnson and carried by the following recorded vote: July 12, 1988 00;'8 AYES: Supervisors Johnson, Robers, McGraw, Nickens, Garrett NAYS: None RESOLUTION 71288-2 AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH ROANOKE CITY CONCERNING THE VINYARD PARK ACCESS ROAD WHEREAS, Vinyard Park is a recreational facility 10- cated in Roanoke City owned and developed by Roanoke County; and WHEREAS, this park requires adequate road access; and WHEREAS, Roanoke City has agreed to recommend alloca- tion of necessary recreational access funds from the 1987-88 City allocation, pursuant to the procedure governing such allocations of recreational access funds pursuant to Section 33.1-223 of the 1950 Code of Virginia, as amended; and I WHEREAS, Roanoke City and Roanoke County have negoti- ated an agreement concerning this matter. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervi- sors of Roanoke County, Virginia, as follows: 1. That the County Administrator is hereby authorized to execute an agreement with the City of Roanoke to provide for recreational road access to the Vinyard Park Recreational Facil- ity. 2. That the County agrees to bear all costs associated with the construction and maintenance of this access road, that the County will assume responsibility for all claims arising from I the condition of said road which may be filed against the City and further that the County will certify public liability insur- ance coverage in the minimum amount of $1 million bodily injury ~ I I -., July 12, 1988 009 _. .-,." --,".' --" and property damage, that the park will be subject to all police power ordinances of the City, that the park will not be lighted without the written approval of the City Manager, and that City residents will be permitted to use the park on the same basis as City residents may use County parks. 3. That the Deputy Clerk is hereby directed to mail a certified copy of this resolution to the Roanoke City Clerk. 2. Reauest to submit a Plannina Grant AODlication to the Virainia Deoartment of Housina and Community Develooment for the Pinkard Court Communi t v: Planner Dale Castellow advised that the staff is presently formulating an application for a planning grant from the Department of Housing and Community Development. This grant is to fund specific advance planning activities for projects eligible for community development block grants. Acceptance of the grant does not obligate the County nor guarantee awarding of the community development block grant. Supervisor Nickens moved to submit the planning grant application. The motion was seconded by Supervisor Robers and carried by the following recorded vote: AYES: Supervisors Johnson, Robers, McGraw, Nickens, Garrett NAYS: None RESOLUTION 71288-3 AUTHORIZING SUBMISSION OF A PLANNING GRANT APPLICATION TO THE VIRGINIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT FOR THE PINKARD COURT COMMUNITY LOCATED NEAR THE INTERSECTION OF ROUTES 419 AND 220 IN THE CAVE SPRING MAGISTERIAL DISTRICT BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: ~ July 12, 1988 01·0 WHEREAS, the Virginia Department of Housing and Community Deve 1 opment has reserved two percent of avai lable Community Development Block Grant money ($385,900) for funding Planning Grants for fiscal year 1988; and WHEREAS, the purpose of the Planning Grant is to fund specific advance planning activities for projects eligible for funding in the VCDBG-Community Improvement Grants Programs; and WHEREAS, the Pinkard Court community, located near the intersection of Routes 419 and 220, is in need of road improvements, upgrading and expansion of the public water system, sewer system construction, storm sewers, drainage facilities, and housing rehabilitation; and I WHEREAS, an application for a planning grant for th_ Pinkard County community has been prepared; and WHEREAS, Mr. Elmer C. Hodge, Jr., County Administrator can act on behalf of the County of Roanoke and will sign all necessary documents required to complete the grant transaction. NOW, THEREFORE BE IT RESOLVED that the Board of County Supervisors of Roanoke County hereby authorizes the County Administrator to apply for a planning grant for the Pinkard Court communi ty from the Virginia Department of Housing and Community Development in the amount of $9,000. BE IT FURTHER RESOLVED that leverage funds towards the planning grant activities include VA Water Project, Inc. funds as well as Roanoke County in-kind administrative costs. I IN RE: FIRST READING OF ORDINANCES -., July 12, 1988 0"11, 4-------~----·-~----- .-=--~~.=~=.~~.:------------.-----=:--- 1 . Ordinance amendina and reenactina Chaoter 5, Animals and Fowl, of the Roanoke County Code concernina the licensina of doa and rabies control: Assistant County Attorney Joseph Obenshain advised this ordinance changes the mandatory age for rabies vacination from six months to four months and makes several other changes necessary to bring the code into compliance with the state. Supervisor Nickens moved first reading of the ordinance. The motion was seconded by Supervisor Robers and carried by the following recorded vote: I AYES: Supervisors Johnson, Robers, McGraw, Nickens, Garrett NAYS: None IN RE: SECOND READING OF ORDINANCES I 1. Ordinance authorizinq the execution and assiqnment of a real estate contract to acauire aooroximatelv 600 acres of real estate located in the Vinton Magisterial District from the heirs of James E.Palmer: Mr. Obenshain stated this would authorize the acquisition of acreage in the Palmer Estate. The property will then be conveyed to the Virginia Recreational Facilities Authority. Supervisor Nickens moved to approve the second reading. The motion was seconded by Supervisor Johnson and carried by the following recorded vote: AYES: Supervisors Johnson, Robers, McGraw, Nickens, Garrett ~ 012 July 12, 1988 NAYS: None ORDINANCE 71288-4 AUTHORIZING THE EXECUTION AND ASSIGNMENT OF A REAL ESTATE CONTRACT TO ACQUIRE APPROXIMATELY 600 ACRES OF REAL ESTATE LOCATED IN THE VINTON MAGISTERIAL DISTRICT FROM THE HEIRS OF JAMES E. PALMER BE I T ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. Pursuant to the provisions of Section 18.04 of the Charter of Roanoke County, a first reading concerning the execu- tion of a real estate contract and assignment thereof to acquire the hereinafter-described real estate was held on June 28, 1988. A second reading on this matter was held on July 12, 1988. 2. That a real estate contract to acquire approximate- ly 600 acres of real estate located in the Vinton Magisterial District, and more particularly described as Roanoke County Tax Map No s . 8 0 . 0 0 - 5 - 24 , 8 0 . 0 0 - 5 -1 6 , 8 0 . 0 0 - 5 -15 , 8 0 . 0 0 - 5 -18 , 8 0 . 0 0 - 5- 25, 80.00-5-27, 80.005-29, 80.00-5-10, 80.00-4-17, 80.00-5-38, and 80.00-5-40 between Charles J. Palmer and Karen B. Palmer, his wife; Lela H. Palmer; James E. Palmer, III; and Suzanne M. Palmer , collectively known as the heirs of James E. Palmer; and the Board of Supervisors of Roanoke County, in the amount of $5,000.00 per acre, be, and hereby is, accepted. 3. That the execution of this contract by the County Administrator is hereby authorized, notified, confirmed, and approved. ~ I I I I July 12, 1988 013 4 . Tha t the assignment of Roanoke County's interests in this contract to the Virginia Recreational Facilities Autho- rity is hereby authorized. 5. That the County Administrator is authorized to exe- cute such documents and take such actions on behalf of Roanoke County as are necessary to accomplish the execution of the real estate contract and the assignment thereof, all of which shall be upon form approved by the County Attorney. On motion of Supervisor Nickens, seconded by Supervisor Johnson and carried by the following recorded vote: AYES: Supervisors Johnson, McGraw, Nickens, Robers, Garrett NAYS: None 2 . Ordinance authorizina the conveyance of an easement to David A. Kinsler for driveway and landscaoina Durooses: Mr. Obenshain advised this ordinance will convey an easement on a county well lot to the Kinslers so that they may close on a contract to purchase the adjacent lot in Canterbury Park. The Heal th Department has reviewed the request and approved it with conditions. Supervisor Nickens moved to approve the second reading. The motion was seconded by Supervisor Robers and carried by the following recorded vote: AYES: Supervisors Johnson, Robers, McGraw, Nickens, Garrett NAYS: None ORDINANCE 71288-5 AUTHORIZING THE CONVEYANCE OF AN EASEMENT TO DAVID A. KINSLER FOR DRIVEWAY AND LANDSCAPING PURPOSES July 12, 1988 0<1 4 WHEREAS, David A. Kinsler has requested that the Board of Supervisors authorize the conveyance to him of an easement for driveway and landscaping purposes; and WHEREAS, the first reading of this ordinance was held on June 28, 1988; and the second reading of this ordinance was held on July 12, 1988, pursuant to the provisions of Section 18.04 of the Roanoke County Charter; and WHEREAS, this property is surplus property pursuant to the provisions of Section 16.01 of the Roanoke County Charter; however, this property is still available for public use as a well lot, said public use not being adversely affected by this conveyance. BE I T ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That an easement for driveway and landscaping pur- poses is hereby granted to David A. Kinsler, said easement being upon and across a portion of a well lot located in Canterbury Park subdivision. 2. That this easement shall be appurtenant to Lot 19, Block 2, Section 1 of Canterbury Park (Plat Book 9, page 183). The driveway turnaround encroaches over the division line between said Lot 19 and the well lot, and further the County is willing to allow the driveway turnaround to remain in place and to allow Mr. Kinsler to landscape said easement area. No parking or stor- ing of automobiles will be allowed in the easement area. 3. That this easement is approximately 35.94 feet by 15.22 feet, as more particularly shown on a plat prepared by ~ I I I I " July 12, 1988 ..015 ... - -.-..-- _..-~ Buford T. Lumsden & Associates, P. C., dated June 14, 1988, Comm. #88-246. 4. That the offer of David A. Kinsler in the amount of $300.00 is hereby accepted and all other offers are rejected. That the proceeds from the conveyance of this easement are to be allocated to the capital facility accounts of the Roanoke County Utility Department. 5. That the County Administrator is authorized to exe- cute such documents and to take such actions as may be necessary to accomplish the purposes of this ordinance, all upon form approved by the County Attorney. IN RE; APPOINTMENTS 1. Fifth Plannina District Commission: Supervisor Garrett nominated Charles Garrett, 5114 Castle Rock Road S. W. to a three-year term. 2. P lannina Commission: Supervisor Johnson nominated Ronald Massey, 5162 Mason Park Drive to fill the unexpired four- year term of Carolyn J. Flippen, Hollins Magisterial District. IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS Suoervisor Robers announced that Tim Gubala, Economic Development Director, will be visiting with Dr. Wade Gilley at George Mason University to make arrangement for a Roanoke Valley Day in Northern Virginia. ~ 01'6 I I L___ July 12, 1988 Suoervisor McGraw announced that the Blue Ridge Region will be meeting on July 14; that the Roanoke Valley Cooperation Committee will be meeting on July 15; and that the VACo-VML Task Force meeting will be July 22. He also announced that Sheriff Kavanaugh had agreed to discuss expanding the extra-territorial agreement with other localities. Suoervisor Garrett advised that the Landfill Board has requested that each locality nominate citizens to a Citizens Advisory Committee to work with the Landfill Board on a new landfill site. Supervisor Garrett nominated I. Boyd Overstreet. I Supervisor Nickens nominated Donna Wood. IN RE: ACTION FROM THE WORK SESSIONS: 1. Smith Mountain Lake Study and Sorina Hollow Reservoir: Supervisor McGraw moved to approve construction of the Spring Hollow Reservoir and to request a response by September 1, 1988 from the cities of Salem and Roanoke on whether they will participate in the reservoir project. The motion was seconded by Supervisor Garrett and carried by the following recorded vote: AYES: Supervisors Johnson, Robers, McGraw, Nickens, Garrett NAYS: None 2 . Radio Communication System: Supervisor Johnson moved to go forward with Phase II of the new radio system and I I I July 12, 1988 01'7 . _ _ ..__~_. _ c ~..,~."~,,,,_.~~- . that a transcript be made available of Sheriff Kavanaugh's comments for the consultant and Motorola; and that the County Admini stra tor be author i z ed to contact the Commonwealth's Attorney to make sure there are no improprieties in regard to the both Phase I and I I of the radio communication system. The motion was seconded by Supervisor McGraw and carried by the following recorded vote: AYES: Supervisors Johnson, McGraw, Nickens, Garrett NAYS: Supervisor Robers IN RE: CONSENT AGENDA Supervisor Nickens moved to approve the Consent Agenda. The motion was seconded by Supervisor McGraw and carried by the following recorded vote: AYES: Supervisors Johnson, Robers, McGraw, Nickens, Garrett NAYS: None RESOLUTION NO. 71288-6 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM L - CONSENT AGENDA BE I T RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That that certain section of the agenda of the Board of Supervisors for July 12, 1988, designated as Item L - Consent Agenda be, and hereby is, approved and concurred in as to 018 July 12, 1988 each item separately set forth in said section designated Items 1 through 6, inclusive, as follows: 1. Minutes of Meetings - March 22, 1988 2. Request for acceptance of Meadewood Drive and Quail Place into the VDOT Secondary System. 3. Request for acceptance of Country Lane, Old Farm Road, and Peach Tree Circle into the VDOT Secondary System. 4. Acknowledgment from Va. Department of Transportation that the following roads have been taken into the Secondary System: a. 0.38 miles of Canter Drive b. 0.20 miles of Cavalier Drive c. 0.11 miles of Chaucer's Court d. 0.03 miles of Glouster Court 5. Acceptance of water facilities serving Pittsburgh I Paints and a water line easement donated by F & 0 Land Company. 6. Acceptance of Commonweal th Dri ve located in the Southwest Industrial Park into the VDOT Secondary System. 2. That the Clerk to the Board is hereby authorized and directed where required by law to set forth upon any of said items the separate vote tabulation for any such item pursuant to this resolution. RESOLUTION 71288-6.b REQUESTING ACCEPTANCE OF COUNTRY LANE INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY ROAD SYSTEM BE IT RESOLVED by the Board of Supervisors of Roanoke I County, Virginia, as follows: 1. That Resolution 121587-7. c requesting acceptance of Country Lane into VDOT Secondary Road System is hereby rescinded. ~ I I July 12, 1988 019 ~----------,-------_.._'-_.- 2 . That this matter came this day to be heard upon the proceedings therein and upon the application for Country Lane to be accepted and made a part of the secondary system of state highways under Section 33.1-72.1, Paragraph 0 and funded pursuant to Section 33.1-75.1, Paragraph A of the Code of Virginia, of 1950 as amended. 3. That this Board does guarantee the Commonwealth of Virginia an unrestricted right-of-way of 50 feet with necessary easements for drainage as recorded in Plat Book 9, Page 65, dated May 19, 1978, of record in the Roanoke County Circuit Court Clerk's Office. 4. 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. 5. That said road known as Country Lane, which is shown on a certain sketch accompanying this resolution, be, and same are hereby established as public roads to become a part of the state secondary system of highways in Roanoke County, only from and after notification of official acceptance of said road by VDOT. On motion of Supervisor Nickens, seconded by Supervisor McGraw and carried by the following recorded vote: AYES: Supervisors Johnson, McGraw, Nickens, Robers, Garrett NAYS: None RESOLUTION 71288-6.a REQUESTING ACCEPTANCE OF MEADEWOOD DRIVE AND QUAIL PLACE INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY ROAD SYSTEM July 12, 1988 020 BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1 . That Resolution 121587-7f requesting acceptance of Meadewood Drive and Quail Place into the VDOT Secondary Road System is hereby rescinded. 2 . That this matter came this day to be heard upon the proceedings therein and upon the application for Meadewood Drive and Quail Place sections of road extending from Quail Place (Route 1888), 0.12 miles north of Trevilian Road (Route 1413) and extending in a northerly direction 0.26 miles (Quail Place) and in an easterly and westerly direction 0.13 miles (Meadewood Drive) to cul-de-sacs, 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 amended. 3. That this Board does guarantee the Commonwealth of Virginia an unrestricted right-of-way of 40 feet or 50 feet with necessary easements for drainage as recorded in Plat Book 6, Page 51, dated September 1, 1965, and subsequent deeds of record in the Roanoke County Circuit Court Clerk's Office. 4. That this Board does certify that these roads were open to public use prior to January 1, 1976, at which time these roads were open to and used by motor vehicles. 5. That this Board does certify that speculative interests are not involved. 6 . That Place which are resolution, be, said roads known as Meadewood Drive and Quail shown on a certain sketch accompanying this and the same are hereby established as public I I July 12, 1988 02 1 roads to become a part of the state secondary system of highways in Roanoke County, only from and after notification of official acceptance of said roads by the Virginia Department of Transportation. On motion of Supervisor Nickens, seconded by Supervisor McGraw and carried by the following recorded vote: AYES: Supervisors Johnson, McGraw, Nickens, Robers, Garrett NAYS: None RESOLUTION 71288-6.e REQUESTING ACCEPTANCE OF COMMONWEALTH DRIVE 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 proceedings herein, and upon the application of Commonwealth Dri ve to be accepted and made a part of the Secondary System of State Highways under Section 33.1-229 of the Virginia State Code. 2 . That it appears to the Board that drainage easements and a fifty (SO) foot right-of-way for said street has been dedicated by virtue of certain maps known as plat showing property of Board of Supervisors of Roanoke County and dedication of road right-of-way, which map was recorded in Plat book 10, Page 2S, dated September 4, 1986, and other plats and deeds of the record in the Clerk's Office of the Circuit Court of Roanoke I County, Virginia; and that by reason of the recordation of said maps, no report from a Board of Viewers, nor consent or donation of right-of-way from the abutting property owners is necessary. The Board hereby guarantees said right-of-way for drainage. 02.2 July 12, 1988 3. That said street known as Commonwealth Drive and which is shown on a certain sketch accompanying this Resolution, be, and the same is hereby established as a public street to become a part of the State Secondary System of Highways in Roanoke County, only from and after notification of official acceptance of said street by the Virginia Department of Transportation. On motion of Supervisor Nickens, seconded by Supervisor McGraw and carried by the following recorded vote: AYES: Supervisors Johnson, McGraw, Nickens, Robers, Garrett NAYS: None IN RE: REPORTS Supervisor Johnson moved that the following reports be received and filed. The motion was seconded by Supervisor Nickens and carried by the following recorded vote: AYES: Supervisors Johnson, Robers, McGraw, Nickens, Garrett NAYS: None 1. Capital Fund Unappropriated Balance 2. General Fund Unappropriated Balance 3. Board Contingency Fund 4 . Report on Water Conservation IN RE: OLD BUSINESS I I July 12, 1988 023 788-1 Petition of Hoo-In Food Stores, Inc. to rezone a 2.85 acre tract from R-1 Residential to B-2 Business located north of the intersection of Wood Haven Road and Peters Creek Road in the Hollins Magisterial District This petition was heard originally on April 26, 1988 and there was no vote on the issue. On June 28, 1988 there was a I tie vote on the petition and state code requires another vote when all members are present. Chairman Garrett advised that this petition was being heard today for the purposes of a vote only. Discussion would be allowed but no input from the public. Supervisor Johnson advised that he was seriously concerned about petroleum contamination to the acquifer and the lack of a street light at the intersection. The attorney for the peti tioner has stated they anticipate that the City of Roanoke will install a street light, but there is no definite agreement to this. He also understood that during a previous discussion, I the petitioner advised that the office corporate headquarters will be located there, but has not seen that in writing. Mr. Castellow advised that he had discussed the street light with Roanoke Ci ty but had not seen anything in writing. He also understands that the house located on the property will not be "024 July 12, 1988 there. He was not aware of the corporate headquarters being located there. In response to a question from Supervisor Nickens, Utility Director Clifford Craig advised that wells in the Starkey area were lost as a result of petroleum contamination. Supervisor McGraw moved to grant the petition with proffered conditions, and with the understanding that the City of Roanoke will install traffic installation at the intersection of Wood Haven and Peters Creek Road. The motion was seconded by Supervisor Nickens and carried by the following recorded vote: AYES: Supervisors Robers, McGraw, Nickens NAYS: Supervisors Johnson, Garrett FINAL ORDER NOW, THEREFORE BE IT ORDERED that the aforementioned parcel of land which is contained in the Roanoke County Tax Maps as Parcel 26.20-4-27 and recorded in Deed Book and legally described below, be rezoned from R-1 Residential District to B-2 Business District BE I T FURTHER ORDERED that a copy of this order be transmitted to the Secretary of the Planning Commission and that he be directed to reflect that change on the official zoning map of Roanoke County. A 2.85 acre parcel of land, generally located at the northeasterly intersection of Peters Creek Road and Woodhaven Drive within the Hollins I I I I .-" July 12, 1988 025 Magisterial District and recorded as Parcel #26.20-4-27 in the Roanoke County Tax Records. PROFFER OF CONDITIONS 1. Si te to be developed in substantial conformity with the site plan of T. P. Parker & Son, submitted herewith. 2. The following proffers will relate to signage: a. The sign will be in accordance with the render ing presented to the Planning Commission and the Board of Supervisors. b. There will be no green on the signage c. There will be no bunnies on the signage. d. Signage for the Hop-In Store and the donut store will not exceed a total of sixty square feet. If signage is located on a pole, the pole will not exceed twenty feet in height. e. The signage for the office building will be monument-type signage not to exceed twenty-four (24) square feet. f. There will be no free-standing advertising signs on the premises. 3. There will be a maximum of 4 multi-grade gasoline pumps placed on the property. Buffhide tanks will be utilized with a computered monitoring system. 4. As to lighting, all lighting will be directed away from adjoining residential property and the following proffers shall apply. ~ 026· July 12, 1988 a. The Hop-In and donut building shall have direct lighting on the front and high sodium lights on the corners in the rear. b. The office building shall have direct lighting on the front and the side with parking and one high sodium light in the center of the rear portion of the building. c. The gas islands shall have direct lighting. 788-2 Petition of A. T. Williams Oil Company to amend the proffered condi t ions on a 1. 65 acre tract to construct a convenience store with gasoline pumps located on the east side of Brambleton Avenue (Route 221) approximately 0.3 miles south of its intersection with Electric Road (Route 419) in the Cave Spring Magisterial District. (PUBLIC HEARING HELD ON JUNE 28. 1988) I Mr. Castellow reported that he had spoken with the petitioner regarding concerns of the residents about the buffer. A 35 foot buffer yard is required by ordinance, rather than a 30 foot buffer as proffered. I I I -., July 12, 1988 027 Mr. Castellow advised that the public hearing was not a rezoning request, but was for the purposes of determining whether there is one or two entrances. There are, however, other proffers for the rear portion that have been eliminated dealing wi th the screening and buffering and the mini warehouses. The peti tioner has agreed to come back to the Board prior to any development of the rear portion of the site. Supervisor Nickens pointed out that this was not a request for rezoning, but only a decision on the number of entrances to the site. Even if voted down, the petitioner can move forward. Supervisor Nickens moved to grant the petition The motion was seconded by Supervisor McGraw and carried by the following recorded vote: AYES: Supervisors Robers, McGraw, Nickens NAYS: Supervisors Johnson, Garrett FINAL ORDER NOW, THEREFORE BE IT ORDERED that the conditions on the aforementioned parcel of land which is contained in the Roanoke County Tax Maps as Parcel 17.17-5-22 and recorded in Deed Book and legally described below, be amended as hereinafter set out. BE I T FURTHER ORDERED that a copy of this order be transmitted to the Secretary of the Planning Commission and that he be directed to reflect that change on the official zoning map of Roanoke County. ~ July 12, 1988 ; 028 , generally located on the east side of Brambleton Avenue (Route 221) wi thin the Cave Spring Magisterial District and recorded as Parcel No. 17.17-5-22 in the Roanoke County Tax Records. 1. Construction of a convenience store with gasoline pumps will be substantial conformity with the site plan prepared by A. T. Williams, and submitted herewith. 2. The mini-warehouses as set forth in the original proffers are deleted; the zoning on the rear portion is to remain M-1, Light Industrial District, but there will be no development on the M-1 portion until there is submission to and approval of a concept plan for such development by the governing body. 3. That the hours of operations hall be from 5: 00 A.M. I to 12:00 P.M. IN RE: CITIZEN COMMENTS AND COMMUNICATIONS Orrie Lee, a resident of the Peters Creek Road area spoke in opposition to the Hop-In rezoning petition. He felt that the screening of trees would not be adequate buffering for the convenience store. IN RE: EXECUTIVE SESSION At 5: 20 p. m., Supervi Sor Garret t moved to go into I Executive Session pursuant to the Code of Virginia Section 2.1- 344 (a) (2) to discuss a real estate matter. The motion was I I July 12, 1988 -.., 029 seconded by Supervisor Nickens and carried by the following recorded vote: AYES: Supervisors Johnson, Robers, McGraw, Nickens, Garrett NAYS: None IN RE: OPEN SESSION At 6 : 15 p. m. Supervisor Garrett moved to return to Open Session. The motion was seconded by Supervisor Nickens and carried by the following recorded vote: AYES: Supervisors Johnson, Robers, McGraw, Nickens, Garrett NAYS: None IN RE: ADJOURNMENT ervisor Garrett adjourned the meeting. n )( .::zj/ a/íA(/f-Q Lee Garrett, Chairman Roanoke County Board of -- . ?~~ IJ~··_,~ ,~it:~ .:r:;~~ Supervisors ........