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12/16/1986 - Regular .1227 ________4_~.____~·«·___~··__·__··~~ -~~". _.~,. --... ....._- -~.. .,_ '"" _.._..._,__.__U ~_. _m Roanoke County Board of Supervisors Roanoke County Administration Cente 3738 Brambleton Avenue, SW Roanoke, virginia 24015 December 16, 1986 The Roanoke County Board of Supervisors of Roanoke County, Virginia, met this day at the Roanoke County Administration Center, this being the third Tuesday, and the first regularly scheduled meeting of the month of December, 1986 IN RE: CALL TO ORDER Chairman Brittle called the meeting to order at 2:00 p.m. The roll call was taken. MEMBERS PRESENT: Chairman Alan H. Brittle; Vice-Chairman Bol Johnson; Supervisors Steven A. McGraw, Harry C. Nickens, and Lee Garrett MEMBERS ABSENT: None STAFF PRESENT: Elmer C. Hodge, County Administrator; Paul M. Mahoney, County Attorney; John R. Hubbard, Assistant County Administrator of Public Facilities; John M. Chambliss, Assistant County Administrator of Management Services; Timothy W. Gubala, Assistant County Administrator of Communit' Development; Dianne Hyatt, Director of Fiscal Management; Reta Busher, Director 0 Budget; D. Keith Cook, Director of Human Resources; Phil Henry, Director of Engineering; Darrell Shell, Director of Parks and Recreation; Roy Nester, Director of Buildings and Grounds; Gary Huff, Buildings and Grounds; John Peters, Road Coordinator; Bobbie Lukacs, Deputy Clerk; and Mary H. Allen, County Administrator's Office IN RE: WORK SESSION - PARK MASTER PLAN The Board met with the Parks and Recreation Commission to discuss the master plan. Mr. Hugh Key presented the Board with a portion of the minutes of the Recreation Commission which '·.228 December 16, 1986 jescribes the procedures the Recreation Commission would like to ~ollow on the development of Roanoke County parks. The Board concurred that the expenditures previously allocated when the bond was approved should be followed very closely and should not be changed. Mr. Wayland Winstead, 5353 Cherokee Hills Drive, Salem, virginia, 24153, and Mr. David Simmons, 1009 Williams Drive, Salem, Virginia, 24153, were present to request that the Board jirect that the bond monies for the parks are used as originally 3.11ocated. N RE: WORK SESSION - PRESENTATION ON THE REGIONAL AIRPORT Chairman Brittle announced that this work session would not be held this date. ~N RE: RECESS Chairman Brittle declared a recess at the completion of he work session at 2:30 p.m. N RE: CALL TO ORDER Chairman Brittle called the meeting back to order at ,:01 p.m. N RE: OPENING CEREMONIES The invocation was given by the Reverend Clarence Tyree ..,r þf Staunton Avenue Church of God. The Pledge of Allegiance was ecited by all present. N RE: REQUESTS TO POSTPONE, ADD, OR CHANGE THE ORDER OF AGENDA ITEMS December 16, 1986 , 22~ -.-.- .' "_..^-,, '_~__.._.,,""",,____,__,__,,_,~,,,,_",,,,,,,~,,",.__....,__ ,_ _._ '_'_'__"~_4___'~____"____~_·_·_· Chairman Brittle recognized Mr. David Simmons. Mr. Simmons was present representing the Glenvar area and presented each of the Board members with T-shirts, baseball caps, and newsletters. Mr. Hodge requested that Item D2 (Presentation of artwork to Roanoke College and Hollins College) be held until 4:00 p.m. IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND AWARDS Chairman Brittle presented a plaque expressing the appreciation of the Board of Supervisors to Mr. Bill Cundiff for his hard work and efforts on the Blue Ribbon Commission. The other commission members were unable to attend to accept their plaques. Chairman Brittle also presented a resolution of appreciation to Bobbie Lukacs for her service as Deputy Clerk. Supervisor McGraw moved to approve the prepared resolution. The motion was seconded by Supervisor Brittle. RESOLUTION 12-16-86-239 OF APPRECIATION TO BOBBIE H. LUKACS FOR HER SERVICE TO ROANOKE COUNTY AS DEPUTY CLERK TO THE BOARD OF SUPERVISORS WHEREAS, the Board of Supervisors does hereby express its deepest and most sincere appreciation to Bobbie Hall Lukacs for her excellence in the performance of the many responsibilities and duties during her tenure as Deputy Clerk of Roanoke County from August 1984 to December 1986; and WHEREAS, Mrs Lukacs has served with distinction during this period of time, and has assisted three different Chairmen 0 the Board of Supervisors, and three different County Administrators; and '280 December 16, 1986 WHEREAS, she has instituted a variety of activities to improve and streamline County minutes, records and indexing procedures; and NOW, THEREFORE, the Roanoke County Board of Supervisors, on behalf of the citizens of Roanoke County expresses its deepest appreciation to Bobbie Hall Lukacs for her outstanding contributions to Roanoke County. AND FURTHER, the Board of Supervisors does extend to ~rs. Lukacs their best wishes in her future endeavors, and thanks her for her excellent performance and patience. pn motion of Supervisor Brittle, seconded by Supervisor Nickens and upon the following recorded vote: ~YES: Supervisors McGraw, Nickens, Garrett, Johnson, and Brittle ~AYS: None IN RE: NEW BUSINESS 1. Request from the Transportation Museum for Support for State Fundinq - Mr. Bev Fitzpatrick was present to request ~hat the Board support the museum's request to the State for funding in the amount of $350,000. Supervisor Garrett directed that the prepared resolution be changed to reflect the sum of $350,000. Mr. Hodge ~equested that the prepared resolution also reflect that $250,000 þf this amount will be used for flood relief and $100,000 will be ßllocated for operating expenditures. Supervisor Nickens moved to approve the prepared resolution with the noted changes. The motion was seconded by ßupervisor Brittle. RESOLUTION 12-16-86-240 SUPPORTING FUNDING FOR FLOOD RELIEF AND OPERATING EXPENDITURES FOR THE VIRGINIA MUSEUM OF TRANSPORTATION WHEREAS, the Virginia Museum of Transportation is a privately owned regional museum; and ~t'2S1 December 16, 1986 -_._~"- _._.~.- _._._,~". >_ _ ~~._, _>u -. ',-'" -- - WHEREAS, this museum receives no funding from local governments; and WHEREAS, the museum was severely damaged during the flood of 1985; and WHEREAS, the Virginia Museum of Transportation has applied to the state for funding in the amount of $350,000 of which $250,000 will be used for flood relief and $100,000 will bE used for operating expenses for the next fiscal year. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, that it supports the request of funding by the Virginia Museum of Transportation and that this matter be placed in the legislative packet for the upcoming General Assembly. On motion of Supervisor Nickens to approve with the noted corrections, seconded by Supervisor Brittle, and upon the following recorded vote: AYES: Supervisors McGraw, Nickens, Garrett, Johnson, and BrittlE NAYS: None 2. Presentation of Audit for Fiscal Year Ended June 30, 1986 - Mr. John Chambliss presented the audit report and als( noted that the County has received the award for financial reporting. The Board concurred to receive and file this report. 3. Request for State Grant to Locate the Automated Fingerprint Identification System in Roanoke County - Supervisor Nickens requested that all areas in Southwest County be invited to join in this system. Supervisor Brittle moved for staff to proceed with as practical application as possible. The motion was seconded by Supervisor Johnson and carried by a unanimous roll call vote. 4. Resolution Supporting a Tipping Fee Increase to Fund Future Land Acquisition for the Regional Landfill - Mr. Johr Chambliss reported that a .50 increase has been recommended in ., 2~2 "..:'*, December 16, 1986 ~he tipping fee to allow for funding of future land acquisition for the regional landfill. Supervisor McGraw reported that Roanoke City took similar action at their last Council meeting. Supervisor Nickens inquired about the tonage on an annual basis. Mr. Hubbard reported that he has the information at his office and would call Dr. Nickens to report the figures to him. Supervisor Nickens called for questions on the motion. RESOLUTION 12-16-86-243 SUGGESTING AN INCREASE IN THE TIPPING FEES AT THE ROANOKE VALLEY REGIONAL LANDFILL WHEREAS, the Roanoke Valley Regional Solid Waste ~anagement Board establishes the tipping fees for refuse deposited at the regional landfill; and WHEREAS, the expected life of the current facility is 3.pproximately six years; NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County, Virginia, recommends to the Roanoke Valley Regional Solid Waste Management Board that they ~onsider an increase in said tipping fees for the purpose of 3.ccruing money for the acquisition of land and related start-up þosts; and BE IT FURTHER RESOLVED that the Board of Supervisors of Roanoke County, Virginia, suggests that the increase be Fifty pents per ton and that an appropriate ceiling be placed on this ~evenue base to appropriately reflect the anticipated cost of ~and and facilities; and BE IT STILL FURTHER RESOLVED that attested copies of ~his Resolution be forwarded to the Roanoke Valley Regional Solid Naste Management Board, to Roanoke City Council, and to vinton Inown Council. )n motion of Supervisor McGraw, seconded by Supervisor Garrett, ~nd upon the following recorded vote: December 16, 1986 , . ... " ~ ~ 3 ~_ "m.._~~__·_ .. ...·_u . --> ~ -- ~ " ..-.__._-.._._.,_._----,._"'~>-..~,.--~,---",.._-'-_.._--~-.-,------ AYES: Supervisors McGraw, Nickens, Garrett, Johnson, and Brittl NAYS: None 5. Approval of Resolution to Perform utility Work in of Hi ht of Wa - Supervisor McGraw moved to approve the prepared resolution. The motion was seconded by Supervisor Brittle. RESOLUTION 12-16-86-244 CONCERNING COMPLIANCE TO PERMIT REQUIREMENTS ISSUED BY THE VIRGINIA DEPARTMENT OF HIGHWAYS AND TRANSPORTATION WHEREAS, it becomes necessary from time to time for th County of Roanoke to obtain permits from the Virginia Department of Highways and Transportation to install, construct, reconstruct, maintain, and operate certain public works and public utilities projects along, across, over and upon the highway system of Virginia; and WHEREAS, expense, damage or injury may be sustained by the Commonwealth of Virginia growing out of the granting to the County of Roanoke by the Virginia Department of Highways said permits for the work aforesaid; NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of the County of Roanoke, Virginia: Section 1: That per the provisions of Section 1.064 0 the Land Use Permit Manual of the Virginia Department of Highway and Transportation the County of Roanoke does hereby grant assurance to the Virginia Department of Highways and Transportation that it shall in all respects comply with all of the conditions of the permit or permits that have been, or will be, granted to the County of Roanoke and that the County of Roanoke does hereby certify that it shall carry liability insurance for personal injury and property damage that may arise from the work performed under permit and/or from the operation 0 the permitted activity as follows: up to one million dollars ($1,000,000> each occurrence to protect the agents and employees of the Virginia Department of Highways and Transportation and '234 December 16, 1986 members of the Highways and Transportation Commission; up to twenty-five thousand dollars ($25,OOO) each occurrence to protect the Virginia Department of Highways and Transportation, the Highways and Transportation Commission, and the Commonwealth. Section 2: That the County of Roanoke shall furnish to the Virginia Department of Highways and Transportation a performance bond, guarantee fee or irrevocable letter of credit in a minimum amount of ten thousand dollars ($lO,OOO) to cover the performance of the permitted work. Section 3: That the County Administrator, or his designee, be, and the same hereby is, authorized to execute on behalf of the County of Roanoke all Land Use Permits and related documents of the Virginia Department of Highways and Transportation. Section 4: That this resolution shall be a continuing resolution and shall not be revoked by the Board unless and until sixty (60) days written notice of any proposed revocation be submitted by the Board to the Virginia Department of Highways and Transportation. Adopted on motion of Supervisor McGraw, seconded by Supervisor Brittle, and upon the following recorded vote: AYES: Supervisors McGraw, Nickens, Garrett, Johnson, and Brittle NAYS: None RESOLUTION 12-16-86-245 AUTHORIZING THE COUNTY OF ROANOKE TO OBTAIN A IRREVOCABLE LETTER OF CREDIT TO SATISFY THE PERFORMANCE BONDING REQUIREMENTS OF THE VIRGINIA DEPARTMENT OF TRANSPORTATION WHEREAS, the County of Roanoke desires to issue to the Virginia Department of Transportation a resolution concerning insurance requirements and performance bond requirements in lieu of a performance bond from a surety company; and WHEREAS, the Virginia Department of Transportation requires an irrevocable letter of credit to cover the performance of the permit work. December 16, 1986 , /2·3 ~ -¡. R·____~.·__'^.~__."__..O___._._~____~~.._._____. __ . ~·u. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County authorize the County Administrator and the Treasurer of Roanoke County to execute the necessary documents on form approved by the County Attorney to obtain said irrevocable letter of credit. This letter of credit is extended for a twelve month period with an annual renewal provision. On motion of Supervisor McGraw, seconded by Supervisor Brittle, and upon the following recorded vote: AYES: Supervisors McGraw, Nickens, Garrett, Johnson, and BrittlE NAYS: None 6. Approval of Increased Petty Cash Accounts for the County - Mr. John Chambliss reported that an increase is needed in the petty cash accounts to cover traveling expenses. Supervisor Johnson inquired about the number of petty cash accounts and the largest amount in the County. Mr. Chambliss reported that there are approximately four petty cash accounts with the largest maintained in the department of Fiscal Management. Supervisor McGraw moved to approve the petty cash account for Youth Haven II. The motion was seconded by Supervisor Brittle. Supervisor Johnson requested that the motion be amende( to include the increase in the other County petty cash accounts. Supervisor McGraw withdrew his earlier motion and move< that the staff recommendation to establish a petty cash account for Youth Haven II and to increase the travel fund of the petty cash account for the Department of Finance. The motion was seconded by Supervisor Johnson and carried by a unanimous roll call vote. 7. Request for Transfer of Funds to Planning Commission Travel Account - Mr. Gubala reported to the Board tha the Planning Commission Travel Account has recently been charged for the expenses that the Board of Supervisors and the Departmen 1 2 :l6 December 16, 1986 Df Development incurred on a trip to Bucks County, Pennsylvania. Be requested that the Planning Commission account be reimbursed as this was a trip for the Board of Supervisors. Supervisor Nickens moved to concur with staff recommendation. The motion was seconded by Supervisor Garrett ~nd carried by a unanimous roll call vote. 8. Request for Industrial Access Funds for Southwest ndustrial Park - Supervisor Johnson moved to approve the prepared resolution. The motion was seconded by Supervisor ~cGraw. RESOLUTION 12-16-86-248 REQUESTING INDUSTRIAL ACCESS IMPROVEMENTS AT THE SOUTHWEST INDUSTRIAL PARK WHEREAS, Roanoke County has acquired a 15 acre tract of ~ndeveloped land situated in Southwest County, on which site are located Corrugated Container Corporation and Commonwealth Tools Specialty, and on which site Green and Associates and Dunmar ~oving Systems will locate; and WHEREAS, the nature of the business operations of these irms now involve and will involve the use of truck service and ~ustomer trips, all of which are anticipated to result in 500-600 ~ehicle trips per workday; and WHEREAS, Section 33.1-221 of the Code of Virginia provides a fund to ". . . be expended by the Commission for :onstructing, reconstructing, maintaining or improving access oads within counties, cities, and towns to industrial sites on I\7hich manufacturing, processing or other establishments will be buil t under firm contract or are already constructed."; and WHEREAS, Corrugated Container Corporation has assured ~he County that should it be necessary to adjust the utilities For its operations, such adjustment shall be borne entirely at ~he expense of Corrugated Container Corporation. In addition, Roanoke County guarantees fee simple right-of-way and drainage asements necessary for continual maintenance of said road. December 16, 1986 t ~3~7 ____·._,_._~_.__..".·o.,·.___~>__".__~.._."._.__.__.____......_.~_ ~~_._P---~-,-,-.._-.,.~~,-_._·,.._,-_._-."--_.·. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County that having duly considered the matter, respectfully urges and recommends to the Highway Commission of Virginia that consideration be given, that immediate study be made and that a project be approved and initiated pursuant to the provisions of Section 33.1-221 of the Code of Virginia of 1950, as amended, to provide industrial access from Route 1723, 0.25 miles north to deadend. On motion of Supervisor Johnson, seconded by Supervisor McGraw, and upon the following recorded vote: AYES: Supervisors McGraw, Nickens, Garrett, Johnson, and Brittl NAYS: None 9. Selection of Financial Advisor - John Chambliss, Assistant County Administrator of Management Services, reported to the Board that after reviewing bids, staff recommends the selection of Wheat First Securities as Financial Advisor. Supervisor Johnson inquired about the other two bids. Mr. Chambliss responded that Scott & Stringfellow and Craigie, Incorporated had also submitted bids. Supervisor Johnson also inquired if Wheat First Securities submitted the lowest bid. Mr Chambliss reported that fees will be negotiated at a later date, he selected Wheat First by going through the RFPprocess. Supervisor Nickens moved that action on this matter be taken after Executive Session. Chairman Brittle announced that Items E9, EIO, and Ell will be held until after the Executive Session. Supervisor Nickens withdrew his motion. 10. Selection of the Independent Auditor - To be discussed after Executive Session. 11. Selection of Bond Counsel - To be discussed after Executive Session. t 2,38 >~ December 16, 1986 12. Presentation of the Quarterly Report from the ~ealth Department - Ms. Debbie Samms of the Health Department þresented their quarterly report to the Board of Supervisors. ~N RE: PRESENTATIONS TO HOLLINS COLLEGE AND ROANOKE COLLEGE Dr. Norman Fintell, President of Roanoke College, was )resent to accept a portrait of Dr. David Bittle, a past )resident of Roanoke College. The portrait was presented by the 30ard of Supervisors. Dr. Paula Brownlee, President of Hollins College, was Iso present to accept an aerial picture of the Hollins College )roperty donated by the Board of Supervisors. N RE: MISCELLANEOUS Mr. Hodge requested permission to hold a training ession with his key staff on January 22 and 23, 1986. He also equested that this training session be followed by a training ~ession with the Board of Supervisors. The Board concurred with 4r. Hodge's request and directed that staff notify them of the ime and place for the retreat. Chairman Brittle announced that the Organizational 4eeting will be held on January 5, 1986, at 10:00 a.m. N RE: APPOINTMENTS Supervisor Nickens nominated Mr. C. L. Whitehurst, Jr., or another term on the Human Services Committee. Supervisor Nickens also nominated Mr. Charles Saul for nother term on the Regional Partnership Site Advisory Committee. N RE: REPORTS AND INQUIRIES OF BOARD MEMBERS December 16, 1986 . 239 -~'_'-*~"''''''_'_~---''~'_'"..._-~~-----_.'' ._.__~,.,~,_.____,___~".__~. _.__.._._ ^'w~___.____ Supervisor Nickens - Supervisor Nickens directed Mr. Hodge to report to the Board in January on procedures to deal with automobiles located in the County without County decals. Mr. Hodge reported to Supervisor Nickens that Paul Mahoney and Mr. Compton have been meeting and that a report will be ready in January. Supervisor McGraw - Supervisor McGraw invited all Boar members to attend the Kiwanis meeting on February 4, 1986, where Mr. Anthony Dowd will speak on the success of regional airports. Supervisor McGraw also reported on the financial benefits of a regional library system and directed staff to forward a copy of the figures he had received to Roanoke City an Salem. IN RE: CONSENT AGENDA Supervisor Johnson moved to approve the Consent Agenda The motion was seconded by Supervisor Brittle. RESOLUTION 12-16-86-253 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM J - CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That that certain section of the agenda of the Board of Supervisors for December 16, 1986, designated as Item J - Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 through 11, inclusive, as follows: 1. Minutes of Meeting - November 25, 1986, December 8, 1986 2. Acceptance of Water and Sewer Facilities in Hunting Hills Place, Section 1 and 2. ., 240 December 16, 1986 3. Confirmation of Committee Appointments to the Human Services Committee, the Mental Health Services of the Roanoke valley Community Services Board, the Planning Commission, and the Library Board. 4. Approval to modify the Six Year Plan concerning the reconstruction of Route 867 (Ogden Road) 5. Approval of resolution requesting the acceptance of Route 603 extension into the Secondary Highway System. 6. Approval to modify the Six Year Plan concerning Route 904 (Starkey Road) 7. Acceptance of sewer facilities serving Commonwealth Tool Speciality. 8. Ratification of the establishment of rules for the use of the public access channel by the Roanoke Valley Cablevision Commission. 9. Letter from Noel C. Taylor, Mayor of the City of Roanoke concerning the valley-wide library system. 10. Appropriation to increase the budget for the Board of Equalization. 2. That the Clerk to the Board is hereby authorized 3.nd directed where required by law to set forth upon any of said 'terns the separate vote tabulation for any such item pursuant to I...his resolution. )n motion of Supervisor Johnson, seconded by Supervisor Brittle and upon the following recorded vote: ~YES: Supervisors McGraw, Nickens, Garrett, Johnson, and Brittle NAYS: None RESOLUTION 12-16-86-253.C EXPANDING THE OGDEN ROAD PROJECT WHEREAS, the Roanoke County Board of Supervisors has previously prioritized Ogden Road for improvement from Route 419 1...0 the Roanoke City limits; and WHEREAS, the Virginia Department of Transportation has determined that expanding the scope of the original project is in ¡I...he best interest of the public. NOW, THEREFORE, BE IT RESOLVED that the Roanoke County Board of Supervisors hereby expands the scope of the Ogden Road December 16, 1986 .~ 241 _.__.~._-" ____~'_~·_~·'__·__A~.'~^~·._._____~ __~.u_..·_.__,____.~,_.___.__._____ project from Route 419 to .08 miles north of the Roanoke City limits. On motion of Supervisor Johnson, seconded by Supervisor Brittle, and upon the following recorded vote: AYES: Supervisors McGraw, Nickens, Garrett, Johnson, and Brittl NAYS: None RESOLUTION 12-16-86-253.D REQUESTING ACCEPTANCE OF ROUTE 603 EXTENSION INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY ROAD SYSTEM BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That this matter came this day to be heard upon th proceedings herein, and upon the application for Route 603 Extension to be accepted and made a part of the Secondary System of State Highways under §33.1-229 of the Code of Virginia. 2. That it appears to the Board that a drainage easement and fifty (50) foot right-of-way for said road have heretofore been dedicated by virtue of a certain deed of record in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, and that by reason of the recordation of said deed no report from a Board of Viewers, nor consent or donation of right-of-way from the abutting property owners is necessary. Th Board hereby guarantees said right-of-way and right for drainage. 3. That said road known as Route 603 Extension and shown on a certain sketch accompanying this Resolution, be, and the same is hereby established as a public road to become a part of the State Secondary System of Highways in Roanoke County, onl from and after notification of official acceptance of said stree or highway by the Virginia Department of Highways and Transportation. On motion of Supervisor Johnson, seconded by Supervisor Brittle, and upon the following recorded vote: AYES: Supervisors McGraw, Nickens, Garrett, Johnson, and Brittl NAYS: None , .24c·! : December 16, 1986 RESOLUTION 12-16-86-253.E EXPANDING THE STARKEY ROAD PROJECT WHEREAS, the Roanoke County Board of Supervisors has ~reviously prioritized Starkey Road for improvement from Route ~19 to Hunting Hills Drive; and WHEREAS, the Virginia Department of Transportation has etermined that expanding the scope of the original project is in he best interest of the public. NOW, THEREFORE, BE IT RESOLVED that the Roanoke County )oard of Supervisors hereby expands the scope of the Starkey Road >roject from Route 419 to Route 633, in addition, this project ~ill also include improvements to Penn Forest Boulevard from ,tarkey Road to Chaparral Drive. )n motion of Supervisor Johnson, seconded by Supervisor Brittle, ind upon the following recorded vote: \YES: Supervisors McGraw, Nickens, Garrett, Johnson, and Brittle ~A YS : None RESOLUTION 12-16-86-253.G AUTHORIZING COX CABLE ROANOKE, INC. TO UTILIZE THE PUBLIC ACCESS CABLE TELEVISION CHANNEL, UPON CERTAIN TERMS AND CONDITIONS WHEREAS, Ordinance No. 1178 adopted January 28, 1975, etween Cox Cable Roanoke, Inc., assignee of Roanoke Valley Cable- ision, Inc., requires the provision of a Public Access Channel o be made available for educational, non-commercial, and non- iscriminatory use by the public on a first-come, first-served ~sis ("Public Access Channel"); and WHEREAS, Section 611 of the Cable Communications Policy ct of 1984 ("Act") provides that a franchising authority may >rescribe rules and procedures under which the cable operator is >ermitted to use channel capacity designated for public access or the provision of other services if the Public Access Channel 'apacity is not being used for its designated purposes; and WHEREAS, Cox Cable Roanoke, Inc. has represented that n the eleven years that the cable system has been in operation December 16, 1986 1-~'~,2:,'4;, S ( . . , . - ~~-~-'-"",~ ~ there has never been a request for use of the Public Access Channel (Channel II); and WHEREAS, Cox Cable Roanoke, Inc. has requested that when the Public Access Channel is not in use Cox Cable Roanoke, Inc. be permitted to use said channel (Channel ll) for transmis- sion of Home Shopping Services beginning January I, 1987, in accordance with the Act; and WHEREAS, the Regional Cable Television Committee has recommended that Cox Cable Roanoke, Inc. be permitted to use the Public Access Channel (Channel ll) for commercial use commencing January I, 1987, subject to its continued availability for public access purposes in accordance with specified rules and proce- dures. THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County that the following regulations shall be effec- tive with regard to use of the Public Access Channel: 1. Commencing as of January I, 1987, Cox Cable Roanoke, Inc. shall be permitted to use the Public Access Channel (Channel 11) for provision of Home Shopping Services provided that there is no other non-designated cable basic service channe available for such programming and that there is no outstanding unaddressed request for public access broadcasting use of Channe 11; and 2. The use of the Public Access Channel by Cox Cable Roanoke, Inc. for Home Shopping Services in accordance with Para graph 1 above shall cease for any time period that Public Access Channel capacity is appropriately requested for public access purposes and shall permanently cease when a non-designated cable basic service channel is available for commercial use. On motion of Supervisor Johnson, seconded by Supervisor Brittle and upon the following recorded vote: AYES: Supervisors McGraw, Nickens, Garrett, Johnson, and BrittlE NAYS: None f 2,44 ~ / December 16, 1986 N RE: EXECUTIVE SESSION Chairman Brittle moved to go into Executive Session ~ursuant to the Code of Virginia 2.1-344 (a) (2) and (6). The ~otion was seconded by Supervisor Johnson and carried by a nanimous voice vote. N RE: OPEN SESSION Supervisor McGraw moved to return to Open Session. The ~otion was seconded by Supervisor Garrett. N RE: RECESS Chairman Brittle declared a dinner recess at 5:30 p.m. N RE: CALL TO ORDER Chairman Brittle called the meeting back to order at : 03 p.m. Chairman Brittle directed that Items E9, EIO, and Ell ~ill be discussed at this time. Selection of Financial Advisor - Supervisor Johnson oved to approve the staff recommendation of Wheat First ecurities. The motion was seconded by Supervisor Nickens and arried by a unanimous roll call vote. Selection of the Independent Auditor - Mr. Chambliss eported that staff recommends the selection of Peat, Marwick, itchell and Company as the independent auditor. Supervisor ickens moved to approve staff recommendation. The motion was econded by Supervisor Garrett and carried by a unanimous roll all vote. ~ December 16, 1986 '\ '.~ ~'\.. , 245 .'-.---~~ ~-------~ .----. Selection of Bond Counsel - Mr. Mahoney recommended to the Board that the firm of McGuire, Woods & Battle be selected t serve as bond counsel. Supervisor Garrett moved to approve the staff recommendation. The motion was seconded by Supervisor Johnson and carried by a unanimous roll call vote. IN RE: FIRST READING OF ORDINANCES The Deputy Clerk read the following first readings int the record: I. Ordinance authorizing the grant of a property interest in exchange for the release of a reversionary interest with Mason Cove Civic Club, Inc. Mr. Mahoney reported that this matter concerns the expansion of the Masons Cove Fire Station. He suggested that th end of paragraph 2: .. . or in an appropriate facility in thi Board amend the ordinance by adding the following language at th portion of the County." Supervisor McGraw moved to approve the first reading with the noted change. The motion was seconded by Supervisor Johnson and carried by a unanimous roll call vote. 2. Ordinance authorizing the acquisition of 22.57 acres of real estate from Horace M. and Juanita Obenshain. (REQUEST TO WAIVE SECOND READING) Mr. Mahoney reported that this property involves the West County Reservoir and the owners want to sell by the end of this year because of new tax laws. Supervisor Johnson moved to approve the first reading and to waive the second reading. The motion was seconded by Supervisor McGraw. ORDINANCE 12-16-86-254 AUTHORIZING THE ACQUISITION OF 22.57 ACRES OF REAL ESTATE FROM HORACE M. AND JUANITA OBENSHAIN BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: t 24,6 December 16, 1986 1. That pursuant to the provisions of §18.04 of the of Roanoke County a first reading concerning the acquisi- ion of the hereinabove described real estate was held on 16, 1986. The second reading on this matter was dispens- so that this transaction can be completed prior to the this calendar year. 2. That the County shall acquire this real estate from and Juanita Obenshain for the sum of $12,413.50. This eal estate consists of approximately 22.57 acres of real estate, identified by Roanoke County Tax Map No. 82.00-1-2 for the Spring Reservoir project. 3. That the County Administrator is authorized to exe- ute such documents and take such actions on behalf of Roanoke are necessary to accomplish the acquisition of said eal estate, all of which shall be upon a form approved by the ounty Attorney. n motion of Supervisor Johnson to approve the first reading and aive the second reading, seconded by Supervisor McGraw and upon he following recorded vote: Supervisors McGraw, Nickens, Garrett, Johnson, and Brittle None 3. Ordinance authorizing the acquisition of 10 acres of real estate from Harry W. and Kathleen M. Young. (REQUEST TO WAIVE SECOND READING) Supervisor McGraw moved to approve the first reading nd to waive the second reading. The motion was seconded by upervisor Garrett. ORDINANCE 12-16-86-255 AUTHORIZING THE ACQUISITION OF TEN (10) ACRES OF REAL ESTATE FROM HARRY W. AND KATHLEEN M. YOUNG BE IT ORDAINED by the Board of Supervisors of Roanoke ounty, Virginia, as follows: 1. That pursuant to the provisions of §18.04 of the harter of Roanoke County a first reading concerning the acquisi- ion of the hereinabove described real estate was held on .247. December 16, 1986 _....."_·_·__.u~___·~__>____.___~.___.____'~__·_ December 16, 1986. The second reading on this matter was dis- pensed with, so that this transaction can be completed prior to the end of this calendar year. 2. That the County shall acquire this real estate fro Harry W. and Kathleen M. Young (an undivided one-half interest) for the sum of $3,000. This real estate consists of approximate ly ten (10) acres of real estate, identified by Roanoke County Tax Map No. 83.00-1-15 for the Spring Hollow Reservoir project. 3. 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 acquisition of said real estate, all of which shall be upon a form approved by the County Attorney. On motion of Supervisor McGraw, seconded by Supervisor Garrett and upon the following recorded vote: AYES: Supervisors McGraw, Nickens, Garrett, Johnson, and Brittl NAYS: None 4. Ordinance authorizing the lease of 10.40 acres of real estate to Oscar Wilford Hall and Josephine Musser Hall. Mr. Mahoney reported that this real estate is Spring Hollow Reservoir property. Mr. Mahoney reported that the previous owners would like to lease this property from the Count until it is needed. Staff recommends that the property be lease as it would probably help deter vandalism. Supervisor Garrett moved to approve the prepared ordinance. The motion was seconded by Supervisor McGraw. ORDINANCE 12-16-86-256 AUTHORIZING THE LEASE OF 10.40 ACRES OF REAL ESTATE TO OSCAR WILFORD HALL AND JOSEPHINE MUSSER HALL BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That pursuant to the provisions of S18.04 of the Charter of Roanoke County a first reading concerning the acquisition of the hereinabove described real estate was held on \2,;4;8 December 16, 1986 becember 16, 1986. The second reading on this matter is scheduled for January 13, 1987. 2. That the County has acquired this real estate from bscar Wilford Hall and Josephine Musser Hall. This real estate þonsists of approximately 10.40 acres of real estate with improvements, identified by Roanoke County Tax Map No. 73.00-1-6 for the Spring Hollow Reservoir project. 3. That it is in the County's best interests to lease this property back to the sellers in order to safeguard the ~aluable improvements thereon; and to receive fair market value lease payments until such time as it is necessary to utilize said ~roperty for the reservoir project. This lease is subject to the ~rovisions of §15.1-260 and §15.1-261.1 of the Code of Virginia, 1950, as amended. 4. That the County Administrator is authorized to execute such documents and take such actions on behalf of Roanoke County as are necessary to accomplish this transaction, all of which shall be upon a form approved by the County Attorney. On motion of Supervisor Garrett, seconded by Supervisor McGraw, and upon the following recorded vote: AYES: Supervisors McGraw, Nickens, Garrett, Johnson, and Brittle NAYS: None 5. Ordinance authorizing the acquisition of 52.58 acres of real estate from Mary Ann Wohlford Marchant. Mr. Mahoney reported that once again, this involves reservoir property. He reported that a final settlement has not yet been reached but would like authorization to go forward in negotiation a settlement within reason. Supervisor Johnson moved to approve the prepared ordinance. The motion was seconded by Supervisor Brittle. ORDINANCE 12-16-86-257 AUTHORIZING THE ACQUISITION OF 52.58 ACRES OF REAL ESTATE FROM MARY ANN WOHLFORD MARCHANT BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: December 16, 1986 '~f'~~4'9 ._._---,.__._-->~---------~- "-"~.-.._" -. _...",.-~' .- 1. That pursuant to the provisions of S18.04 of the Charter of Roanoke County a first reading concerning the acquisi- tion of the hereinabove described real estate was held on December 16, 1986. The second reading on this matter was dis- pensed with, so that this transaction can be completed prior to the end of this calendar year. 2. That the County shall acquire this real estate from Mary Ann Wohlford Marchant for the sum of $31,548. This real estate consists of approximately 52.58 acres of real estate, identified by Roanoke County Tax Map No. 82.00-1-1 for the Spring Hollow Reservoir project. 3. 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 acquisition of said real estate, all of which shall be upon a form approved by the County Attorney. On motion of Supervisor Johnson, seconded by Supervisor Brittle and upon the following recorded vote: AYES: Supervisors McGraw, Nickens, Garrett, Johnson, and BrittlE NAYS: None IN RE: SECOND READING OF ORDINANCES The Deputy Clerk read the following second readings into the record: I. Ordinance accepting an offer for and authorizing thE conveyance of 3.29 acres of surplus real estate, Hidden Valley Junior High School property. Mr. Mahoney reported that he has received no counter-offers for this property since the first reading on November 25, 1986. He reported that the offer he received earlier was from QLC Land Trust in the amount of $78,400. t c¿5':O.' December 16, 1986 Supervisor Garrett moved to approve the prepared resolution accepting the offer from QLC Land Trust in the amount of $78,400. The motion was seconded by Supervisor McGraw. RESOLUTION 12-16-86-258 ACCEPTING AN OFFER FOR AND AUTHORIZING THE SALE OF SURPLUS REAL ESTATE, A PORTION OF THE HIDDEN VALLEY JUNIOR HIGH SCHOOL PROPERTY BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That pursuant to the provisions of §18.04 of the Charter of Roanoke County, a first reading concerning the sale and disposition of the hereinafter described surplus real estate was held on November 25, 1986. A second reading on this matter was held on December 16, 1986. The real estate consists of approximately 3.92 acres, more or less, of the Hidden Valley Junior High School property on the south side of Hidden Valley School Road as shown on the plat of survey by Balzer and ~ssociates, Inc. dated October 27, 1986; and 2. That an offer has been received for this property, said offer of QLC Land Trust in the amount of $78,400 is hereby accepted; and 3. That the County School Board of Roanoke County on October 9, 1986, adopted a resolution declaring approximately six (6) acres, more or less, of the Hidden Valley Junior High School property to be surplus property pursuant to §22.1-129 of the 1950 Code of Virginia, as amended. All proceeds from the sale of said property shall be credited to the School Capital Improvements Fund. 4. That the County Administrator is authorized to exe- cute such documents and take such actions on behalf of Roanoke County as are necessary to accomplish the conveyance of said pro- perty, all of which shall be upon a form approved by the County !\ttorney. 251 December 16, 1986 ._~--._.,_. ,--, ,--- ~ ..--_...~ .---,..,.-.....-.-- ---, --'.«" On motion of Supervisor Garrett, seconded by Supervisor McGraw, and upon the following recorded vote: AYES: Supervisors McGraw, Nickens, Garrett, Johnson, and Brittle NAYS: None 2. Ordinance amending Chapter 22 of the 1985 Roanoke County Code, "Water", to reduce the fees for separate fire service. Mr. Clifford Craig was present to answer any questions the Board might have. Supervisor Johnson noted that he is concerned about the "upfront" costs and inquired if payment could be spread out. Supervisor Johnson moved to approve the second reading of this ordinance. The motion was seconded by Supervisor McGraw. ORDINANCE 12-16-86-259 AMENDING CHAPTER 22 OF THE 1985 ROANOKE COUNTY CODE, "WATER" ESTABLISHING CERTAIN PROCEDURES AND INCREASING CONNECTION FEES AND CHARGES FOR WATER SERVICE, AND FURTHER AMENDING ORDINANCE NO. 8-12-86-169 TO REDUCE FEES FOR SEPARATE FIRE SERVICE BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That Chapter 22 of the 1985 Roanoke County Code, "Water" (Chapter 20.1 of the 1971 Roanoke County Code) and Ordinance No. 8-12-86-169 is hereby amended as follows: (S) Fire Service. All separate fire services shall be properly metered using a detectorcheck. The detector check and vault will be furnished and installed by the County. Charges for fire service connections will be equal to the basic connection portion of the connection fee for the requested size fire service line. The off-site facilities fee shall be charged for either the fire service or normal water service, whichever is larger. (5) Fire Service. All separate fire services shall be properly metered and protected against backflow with a check valve. The meter vault, meter and backflow device shall be furnished and installed by the County. The total connection fee for separate fire service connections will be equal to the basic connection portion of the connection fee plus twenty percent 252 December 16, 1986 (20%) the off- site facilities fee as,? established for the si.ze fire service requested. 2. This ordinance shall be effective December 17, 1986. On motion of Supervisor Johnson, seconded by Supervisor McGraw - and upon the following recorded vote: AYES: Supervisors McGraw, Nickens, Garrett, Johnson, and Brittle NAYS: None IN RE: PUBLIC HEARINGS 1286-1 Petition of Jelco Construction Company, Inc., to rezone the front portion of the property from M-I, Industrial with conditions, to B-2, Business with conditions, and to amend the existing conditions on the rear portion of the property located north and east of Mick or Mack on Route 221 in the Cave Spring Magisterial District. (HELD OVER FROM NOVEMBER 25, 1986) . (FINAL ORDER AMENDED BY THE BOARD OF SUPERVISORS ON JUNE 23, 1987 TO REFLECT THE FACT THAT THE PETITIONER HAD CONTINUED HIS REQUEST TO AMEND THE CONDITIONS ON THE REAR PORTION OF THE PROPERTY FOR 30 TO 45 DAYS, AND THEREFORE, CERTAIN PROFFERS DO NOT APPLY TO THE PORTION REZONED.) --. Chairman Brittle announced that the petitioner has continued his request regarding the existing conditions on the rear portion of the property for 30 to 45 days. This public hearing is only to rezone the front portion of the property. Mr. Rudy Cox, petitioner, was present to request that the Board favorably consider this rezoning request. Supervisor Johnson reported to Mr. Cox that the slope on that property should not be disturbed. Ms. Alva Anderson, 4915 Colonial Avenue, SW, Roanoke, Virginia, an adjoining property owner, was present in opposition to the rezoning request. She reported that at the last Board meeting, Mr. Cox was directed to meet with Mr. Anderson and Mr. --- Craighead concerning the plans for this property, and to date he has not. 253 December 16, 1986 Mr. Nelson Craighead, also present in opposition, reported to the Board that his position on this matter has not changed, and he is still opposed to the rezoning. Supervisor Nickens moved to rezone the front portion of this property to B-2 only, the petitioner having withdrawn his request to amend existing conditions on the rear portion of the property. The motion was seconded by Supervisor Brittle. FINAL ORDER NOW, THEREFORE, BE IT ORDERED that the aforementioned parcel of land, which is contained in the Roanoke County Tax Maps as Parcel 77.17-5-22 and legally described below be rezoned from M-l, Industrial with conditions, to B-2, Business with conditions. BEGINNING at an iron pin on the easterly right-of-way of U. S. 221 and northerly corner to August Realty Corp. property (D.B. 1188, Page 1414), thence along said right-of-way N. 40° 59' 52" E., 325.22 feet to an iron pin corner to James T. Anderson property (D.B. 767, Page 404); thence leaving said right-of-way and with Anderson property S. 04° 05' 54" W., 300.00 feet to a point; thence leaving Anderson property and with new rezoning line N. 85° 40' 20" W., 106.07' to a point on line with August Realty property; thence with August Realty property N. 04° 19' 40" E., 39.14 feet to an iron pin; thence with same N 85° 40' 20" W., 89.35 feet to the beginning and containing 0.680 acres and being the northerly portion of property (1.65 acre) as shown on survey map by T. P. Parker & Son, dated December 28,1978. (D.B. 1217, page 1332). BE IT FURTHER ORDERED that a copy of this order be transmitted to the Secretary of the Planning Commission and that he be directed to reflect that change on the official zoning map of Roanoke County. PROFFER OF CONDITIONS The petitioners hereby voluntarily proffer to the Board of Supervisors of Roanoke County, virginia, the following conditions to the zoning request referenced above: ~. Ma~ft~a~ft a 39 ~ee~ e~~~er area a~eftg ~he fter~h ~re~er~y oe~ftdary wh~eh adje~fts ~he R-~ B~s~r~e~. %. Preser~e aftd æa~ft~a~ft ex~S~~ftgï fta~~ra~ grew~h aftà ~e~egra~hy w~~h~ft 39 ~ee~ e~~~er area. 3. ~e ~he £~r~hes~ ~rae~~ea~ eX~eft~ï eenser~e s~gft~~~eaft~ fta~~ra~ eeft~e~rs e~ ~he ~and. 254 December 16, 1986 4. Aloft~ ~fte ~ea~ þ~oþe~~y bo~nda~y, þlaft~ aftd ma~ft~a~ft ofte ~ow .0£ wft~~e þ~fte ~~ees - þlaft~ed no~ mo~e ~ftaft ±9 ree~ Oft eeft~e~ aftd ftav~ft~ a m~ft~m~m fte~~ft~ o£ £~ve £ee~ a~ þlaft~~n~. 5. Ðeerease ~fte þe~m~~~ed len~~ft t£~on~aget o£ ~fte m~ft~-wa~efto~se b~~ld~ft~ £~om 359 n.¥. ~o 3~9 n.¥. wft~le ~fte~eaS~ft9 ~~s deþ~ft £~om ~9 n.¥. ~o 39 n.¥. a±low~n9 an ~fte~ease ~ft leaseable sþaee t£~om 1,999 s.¥. ~o 9,699 S.¥.t wft~le a~ ~fte same ~~me dee~eaS~ft9 v~s~a± ~mþae~. 6. ~fte m~ft~-wa~eho~se £ae~l~~y w~±l be o£ maeon~y eons~~~e~~oft w~~h b~~ek o~ ~e~~~~ed masoftry on e~þosed tftO~ se~eeftedt s~des allow~ft9 £o~ some la~~~~de ~ft a~eh~~ee~~ral des~9n. ~fte ~oo£ w~ll sloþe ~o ~he wes~ t£orwa~d ~owa~d M~ek-o~-Maekt. 1. %ns~ead o£ ~n~£o~m 19~ ~ ~9~ s~allsfbays w~~h 9a~age doo~s, wh~eh have almos~ s~~~e~ly a eomme~e~al apþeal, we des~~e ~o o££e~ a mo~e w~de ~aftge o£ ren~al ~n~~ s~~ed ~o mee~ ~he demaftds or ~he p~bl~e. ¥ewe~ veh~e~la~ aftd a rew þedes~~~al doo~s also se~ve ~o b~eak ~þ ~fte mono~ony o£ wha~ wo~ld ftOW be 35 9a~age doo~s. 8. Single entrance from Route 221. 9. Earthen berms and decorative plantings shall screen parking lot pavement in the area to be rezoned to B-2. 1286-2 Petition of Lynn Brae Farms, Inc., to rezone a 14.15 acre tract from R-3, Residential and M-l, Industrial, to B-2 Business to construct a commercial office park paralleling Starkey Road Extension in the Cave Spring Magisterial District. Ms. Maryellen F. Goodlatte was present on behalf of the petitioner requesting this rezoning. Ms. Goodlatte informed the Board that at first there was some question about water to serve the office park but that has been worked out with the Engineering Department. .. . December 16, 1986 , 255 ._~~.__,_._..~_._..<..~_,_..~._._...~..__~__...._..'__.·____~_._,__~_N_ There was no one present in opposition. Supervisor Brittle moved to approve the rezoning request and for staff to work with the Highway Department in resolving the road problems on Fallowater Lane. The motion was seconded by Supervisor Johnson. FINAL ORDER NOW, THEREFORE, BE IT ORDAINED that the aforementioned parcels of land described as follows: Parcel 77.19-1-28, Deed Book 1188, page 1843, and Parcel 77.19-1-26, Deed Book 1180, page 1751; and Parcel 77.19-1-27, Deed Book 1249, page 384; and legally described below be rezoned from R-3 and M- District to B-2 District. BEING the same property conveyed to Lynn Brae Farms, Inc., a Virginia corporation, from Eva R. Smith, in her own right and as surviving widow of Guy T. Smith, deceased, by deed dated December 29, 1982, and recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Deed Book 1188, page 1843. LESS AND EXCEPT: BEGINNING at an iron pin on the Norfolk and Western Railway right-of-way at its intersection with the northwesterly line of the 10.171 acre tract of Area Corporation, thence leaving the Norfolk and Western Railway right-of-way and with the northwesterly line of Area Corporation S. 46° 49' W. 363.09 feet to a point; thence leaving the line of Area Corporation and with as new line through the property of Lynn Brae Farms, Inc., N. 43° 11' W. 187.92 feet to a point on the Norfolk and Western Railway right-of-way; thence with said right-of-way N. 72° 18' E. 51.60 feet to a point; thence continuing with said right-of-way N. 74° 27' E.357.27 feet to an iron pin at the place of BEGINNING, and containing 0.791 acre as shown on map of Tanglewood Square Shopping Center, property of Area Corporation, dated July 28, 1983, recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Deed Book 1198, page 767. TOGETHER, with all of the right, title, and interest of the Grantor in and to a roadway easement extending from new Starkey Road to Route 419, excepting therefrom that portion of the easement which lies within 386.2 feet of Virginia State Route No. 419, which was conveyed to Boddie Noell Enterprise, Inc., by deed dated June 23, 1982, of record in the aforesaid Clerk's Office in Deed Book 1184, page 409. PARCEL TWO: '2~f\ December 16, 1986 BEGINNING at a point numbered "l" on the north side of Fallowater Lane at the southwest corner of Lot 3, Section 5, of Beulah Heights Subdivision; thence along the east side of Lot 3, N. 34° 47' W. 179.38 feet to point numbered 2; thence leaving Lot 3 and with a division line which divides Phase I and Phase II of the Windy Hill Key Project N. 26° 32' E. 64.00 feet to a point numbered 2-A; thence N. 62° 32' E. 140.00 feet to a point numbered 12-B"; thence N. 37° 28' W. 213.00 feet to a point numbered 12-C"; thence N. 2° 13' 42" W. 238.26 feet to point "17" and being a point on the south right-of-way line of the Norfolk & Western Railway Company; thence adjacent to the right-of-way of the Norfolk & Western Railway Company the following courses and distances, N. 55° 55' E. 106.79 feet to a point numbered "18"; thence N. 48° 18' E. 97.26 feet to an iron pin at a point numbered 119"; thence leaving the right-of-way of the Norfolk & Western Railway Company S. 35° 3' 45" E. 582.36 feet to a point numbered "20"; thence S. 50° 3' W./ 120.00 feet to a point numbered "21"; thence N. 34° 47' W. 30.12 feet to a point numbered "22"; thence S. 47° 38' W. 403.44 feet a major portion of this distance being along the north side of Fallowater Lane to a point numbered "1", the point and place of BEGINNING, and containing 4.85 acres. BEING the same property conveyed to Lynn Brae Farms, Inc., a Virginia corporation, from Keith L. Halderman and Elizabeth Sue Halderman, his wife, by deed dated January 26, 1982, and recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Deed Book 1180, page 1751. BEGINNING at an iron pin corner on the line of the property now or formerly owned by Aylett B. Coleman and Fred P. Bullington which is Corner G according to a plat showing street being dedicated to Roanoke County for public use dated March 22, 1979, by Buford T. Lumsden & Associates, P.C., Certified Land Surveyors, of record in the Clerk's Office of the Circuit Court of the County of Roanoke, Virginia, in Plat Book 9, at page 144; thence with the northwesterly line of the said property of Coleman and Bullington, S. 49° 30' 00" w. 383.60 feet to an iron pin corner being Corner F as shown on the aforesaid plat, which point is also at the southeasterly corner of Beulah Heights (Plat Book 2, at page 15); thence leaving the Coleman and Bullington property and with the easterly line of Beulah Heights, N. 34° 47' W. 103.53 feet to a point at the southwesterly corner of the property now or formerly owned by Lynn Brae Farms, Inc.; thence leaving the easterly line of Beulah Heights, and with the southerly line of the Lynn Brae Farms, Inc., property, N. 52° 25' 40" E. 388.86 feet to a fence post corner; thence with the same, S. 30° 15' E. 84.50 feet to the place of BEGINNING, containing 0.828 acres, more or less, shown on a plat by Raymond C. Weeks, Certified Land Surveyor, dated July 1, 1982, - December 16, 1986 , ~ 'J'. :2~~5' 7 ----~----"-~- -_._._.._.>._-_._---_.,~_.__._-_._.._--~.".~._-_._-~~.-.-- approved by T. W. Gubala, Secretary of Roanoke County Planning Commission on July 8, 1982; TOGETHER with an easement for a right of way 12 feet wide as presently located and shown on the aforesaid map, to and from the above described property and new Starkey Road. AMENDED PROFFER OF CONDITIONS TO THE HONORABLE SUPERVISORS OF ROANOKE COUNTY: Being in accord with Section 15.1-491.1 et seq. of the Code of Virginia and Section 21-105E. of the Roanoke County zoning Ordinance, the Petitioner, Lynn Brae Farms, Inc., hereby voluntarily proffers to the Board of Supervisors of Roanoke County, Virginia, the following conditions to the rezoning of th above-referenced parcels of land: 1. Any development on the subject property will not include the uses itemized in paragraphs 5 through 12, inclusive, of Section 21-23-2 of the Roanoke County Code. A copy of said ordinance is attached hereto as Exhibit A. 2. The new street which will extend through the subject property, will be constructed to state standards and wil be state maintained. 1286-3 Petition of the Roanoke County Planning Commission t amend the Future Land Use Map designation of the Scenery Court Subdivision in the Catawba Magisterial District from Core to Neighborhood Conservation. Mr. Tim Gubala reported to the Board that the curren zoning of this area is creating problems for the residents when they want to construct additions to their homes. There was no one present in opposition. Supervisor Brittle moved to approve the rezoning request. The motion was seconded by Supervisor Johnson. FINAL ORDER NOW, THEREFORE, BE IT ORDERED that the aforementione parcel of land be rezoned from B-1, Business District to R-l, Residential District. BE IT FURTHER ORDERED that the aforementioned parcel of land which is contained on the Roanoke County Tax Maps as ~, ~ ,5 ß. December 16, 1986 þarcel 64.01-3-29, parcel 64.01-3-30, parcel 64.01-3-31, parcel 54.01-3-32, parcel 64.01-3-33, parcel 64.01-3-34, parcel 54.01-3-35, parcel 64.01-3-36, and parcel 64.01-3-37 be edesignated on the Land Use Plan: Future Land Use map of Roanoke County from Core to Neighborhood Conservation. ADOPTED on motion of Supervisor Brittle, seconded by Supervisor Johnson and upon the following recorded vote: ~YES: Supervisors McGraw, Nickens, Johnson, Garrett, and Brittle ~AYS: None 286-4 Petition of the Roanoke County Planning Commission to rezone the Scenery Court Subdivision from B-I, Business, to R-I, Residential, to allow construction of single family homes and to conform with the Roanoke County Zoning Ordinance, located in the Catawba Magisterial District. There was no one present in opposition. Supervisor ~cGraw moved to approve the final order. The motion was seconded by Supervisor Johnson. FINAL ORDER NOW, THEREFORE, BE IT ORDERED that the aforementioned barcel of land be rezoned from B-I, Business District, to R-I, Residential District. BE IT FURTHER ORDERED that a copy of this order be ~ransmitted to the Secretary of the Planning Commission and that he be directed to reflect that change on the official zoning map þf Roanoke County. ADOPTED on motion of Supervisor McGraw, seconded by Supervisor Johnson and upon the following recorded vote: ~YES: Supervisors McGraw, Nickens, Johnson, Garrett, and Brittle NAYS: None N RE: REPORTS Supervisor Nickens directed that the School Board be nvolved in the budget process at an earlier time than is ßcheduled on the calendar. December 16, 1986 '··2·.5:Q - .~-- ....-.~.~--- .".' "' IN RE: MISCELLANEOUS Chairman Brittle directed that the record reflect th Board's appreciation to Mr. T. D. Steele for his work with Roanoke County. Supervisor McGraw expressed his appreciation to Chairman Brittle for a job well done during his chairmanship. IN RE: ADJOURNMENT Chairman Brittle adjourned the meeting at 8:00 p.m. Chairman