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11/17/1987 - Regular 261 . . November 17, 1987 ~ Roanoke County Board of Supervisors Roanoke County Administration Center 3738 Brambleton Avenue, SW Roanoke, Virginia 24018 November 17, 1987 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 November, 1987. IN RE: CALL TO ORDER Chairman Johnson called the meeting to order at 3:10 p.m. The roll call was taken. MEMBERS PRESENT: Chairman Bob L. Johnson, Vice Chairman Lee Garrett, Supervisors Alan H. Brittle, Steven A. McGraw, Harry C. Nickens MEMBERS ABSENT: None STAFF PRESENT: Elmer C. Hodge, County Administrator; John M. Chambliss, Assistant County Administrator for Management Services; John R. Hubbard, Assistant County Administrator of Public Facilities; Timothy W. Gubala, Assistant County Administrator for Community Development; Paul M. Mahoney, County Attorney, Mary H. Allen, Deputy 262 November 17, 1987 _"o_~_.__.~.__,_.. '_,,~,__ .' .-- .-...-. , ,._.. ,.... .-..._.~..". ._.~..---'_.~'~-_.~-~--~.,._,~ '''"-.- ,,_.'. - . -,~.~ --.-. - _._-'.'...'"....~-_..~~.__.~ ". ^._'-'-''''''~'''~'''''-- ,,~,"",.. ·~···__'h"". .-. _. -'.-.._,~ '~'-"""~"'.._--...~, ---.- ~~--'_-~-'---"'~_""""_"..__...,,~_.,~- -...---..----.-~..-.~-..,.,-..,.~..,..- Clerk; Alfred Anderson, County Treasurer; Reta ~usher, Director of Management and Budget; Clifford Craig, Director of Utilities; George Garretson, Library Director; Wayne Compton, Commissioner of Revenue; Phillip Henry, Director of Engineering, D. Keith Cook, Director of Human Resources IN RE: OPENING CEREMONIES The invocation was given by The Reverend Steve Harris, Baptist Childrens Home. The Pledge of Allegiance was recited by all present. IN RE: COUNTY ADMINISTRATOR'S COMMENTS County Administrator Elmer Hodge asked D. Keith Cook, Director of Human Resources to introduce the new officers of the Employee Advisory Committee. They are Lee Linkous, Chairman, Gerri Rorer, Vice Chairman, and Susie Owen, Secretary. Also present was the past President Gerald Holt. Mr. Linkous thanked the Board of Supervisors for their support. IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS Chairman Johnson presented a Certificate to Treasurer Alfred Anderson for completion of the NACTFO training program. 263 November 17, 1987 - ----- Mr. Anderson was present to receive the Certificate and explained the program under which he was certified. proclamation declarinq the week of November 15 21, 1987 as American Education Week in Roanoke County: Chairman Johnson presented this proclamation to Bayes Wilson, Superintendent of Schools, Marty Robinson, County Schools and Becky Deaton of the Roanoke County Education Association. Mr. Wilson and Ms. Deaton thanked the Board for this presentation. Supervisor McGraw presented a gift to County Administrator Elmer Hodge from the board members in honor of his second anniversary with Roanoke County. IN RE: REQUESTS TO POSTPONE, ADD, OR CHANGE THE ORDER OF AGENDA ITEMS Mr. Hodge requested the addition of an Item under New Business, Reappropriation of Landfill funds to the Board Contingency Fund. IN RE: NEW BUSINESS 1. APproval of fundinq for sewer extension from Glade Creek Interceptor to Route 460: Director of Utilities Clifford craig reported that the Comprehensive Plan has targeted the Bonsack area as one of the prime growth areas. The 16 inch 36,~ __'H_""""___~___,,.._.,".__..,._..,_"..,_--.~~.._.__.,,_,..,........_ _ _, _" > ~"_"<"'_""~__"""'_~"'~'>",_,_,___, November 17, 1987 '-"'-"--''"_.'''''''-~''''''-'._~-- --~~--'..._"'.-. ;-----....-..-.-..~.. ._'..~.. --. ..._. ... ··'·~-"'-_"·_'_"'-·'·"n'__.~_.......,._ __~~.,,~__~_~~.",~,~_, .~~ . ~~'.~' ~,_""-'~~--'-' '" .-._-'-"--"---~'-----.,"'--~-- ~-~"_"~"__"_,,.H.._....·_~.~ ,. .-. ",,",,,~,~,~,_,_,,._____.. ,,_._...."0 ..-,.'.-- .""r_.__,....._"__,~._~ ".._. ~'.,_. ~." ~"",~'~'_'- ..~...."'"'""n_~....~>~..-.....___,..._, ~_,,~~~,..~ .......,~_.._~_..~._.,_,._,_..__...._.."..~ _, water line that is being installed in this area will further encourage that growth. The staff feels that the Glade Creek Interceptor should be extended to the north side of Route 460. Funding for the project would be from the 1974 sewer bonds which were previously approved for sanitary sewer interceptors. The staff recommends that the Board approve the funds for this project and authorize the County Administrator to acquire and accept the necessary easements. Supervisor Johnson inquired whether there would be hookup fees when the sanitary sewer is extended. Mr. Craig responded that there would be hookup fees. Supervisor Johnson moved to approve the staff recommendation. The motion was seconded by Supervisor McGraw, and carried by the following recorded vote: AYES: Supervisors Brittle, Garrett, McGraw, Nickens, Johnson NAYS: None 2. Approval of fundinq for sewer extension to Perimeter East and West Ruritan Road: Mr. Craig advised that in order to provide sewer service to Perimeter East it is required that the Glade Creek Interceptor be extended to Carson Road. The project has two phases, the first from the existing Glade Creek Interceptor to Carson Road. Phase 2 would increase the size of the line to Perimeter East and put it at a deeper elevation. The second phase will be done as a joint project with ~26ó November 17, 1987 - the developer. The cost will be $65,200. The first phase will cost $45,000. The funding would come from the 1974 sewer bonds. The staff recommends that the Board approve funding for both phases of this project and authorize the County Administrator to acquire and accept the necessary easements. Supervisor Johnson moved to approve the staff recommendation. The motion was seconded by Supervisor McGraw, and carried by the following recorded vote: AYES: Supervisors Brittle, Garrett, McGraw, Nickens, Johnson NAYS: None 3. the Vir inia Resources Authority to issue bonds for utility Capital Improvements: Assistant County Administrator John Chambliss reported that the County citizens authorized approximately $14 million worth of sewer bonds for abolishment of the Public Service Authority and to extend sewer interceptors into areas of the County. In 1986, the bond referendum included $1 million for system acquisitions. Staff is now requesting permission to request the virginia Resources Authority to issue the remaining $3.7 unissued sewer bonds and $1 million of 1986 water acquisition bonds, and water revenue bonds of $795,000 to serve economic development projects. The Virginia Resources Authority is the state agency used to fund both revenue and general obligation bonds for water, wastewater and stormwater projects. These bonds will probably be a 20-year ;·2·"6··1!..·~6· .. < "',. November 17, 1987 _.. _....._O__þ_ ___"___ ___ - --_. _.. -.-'.-- _·W'_~__.~~_ ~""_ ______.., _ issue. The staff recommends that a resolution be adopted and the necessary documentation completed to participate in a December meeting of the Virginia Resources Authority, and subsequent issuance of said bonds. Supervisor Garrett moved to approve the staff recommendation. The motion was seconded by Supervisor Nickens, and carried by the following recorded vote: AYES: Supervisors Brittle, Garrett, McGraw, Nickens, Johnson NAYS: None RESOLUTION 111787-3 OF THE BOARD OF SUPERVISORS OF THE COUNTY OF ROANOKE, VIRGINIA, REQUESTING THE VIRGINIA RESOURCES AUTHORITY TO ISSUE BONDS ON BEHALF OF ROANOKE COUNTY TO FINANCE UTILITY CAPITAL IMPROVEMENTS WHEREAS, the Board of Supervisors of the County of Roanoke, Virginia, has determined that it is in the best interest of the County to apply to the Virginia Resources Authority for a loan in the amount of approximately $5,495,000 to finance the cost of the water and sewer projects of the County ("Project"). The loan will be evidenced by the General Obligation Bond Authority of the County of Roanoke, representing $3,700,000 for sewer public improvement bonds, authorized by the voters of Roanoke County in 1974; $1,000,000 of water public improvement bonds authorized in 1986 by the voters of Roanoke County and $795,000 of water revenue bonds of the County secured by a pledge of the revenues of the County's water system. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 267 November 17, 1987 1. That the County Administrator is hereby authorize and directed to prepare and submit an application to the Virgini Resources Authority for a loan in the amount of approximatel $5,495,000 to finance the cost of the project. The Count Administrator is authorized to take such action as may b necessary or convenient to complete the application process. 2. That the final terms and conditions of the loan an the loan documents shall be subject to the approval of thi boa rd. 3. Re uest from the Town of Vinton for increase in sewage volume allocation: Mr. Craig announced that the Tow vinton. After last spring's heavy rains the inflow an Council of Vinton has requested that the County assign 500,00 gallons per day capacity in the Roanoke Regional Sewage Treatmen Plant and the Tinker Creek Interceptor for use by the Town 0 infiltration was to such an extent from vinton that they are ove capacity in their previous allotment. They are implementing a Inflow and Infiltration program and feel they can reduce thei infiltration over the next few years. Roanoke County does no have 500,000 excess capacity in the Tinker Creek Interceptor. Until January Of 1990 we will have an excess capacity of 142,00 gallons per day. Staff recommends that the Town of vinton us that capacity in the Tinker Creek Interceptor until 1990. that time, Roanoke County will need that capacity. Staff furthe \26"S November 17, 1987 -_._.~,---".~.-----_.,._--_._-,.,-'------~"-_.-.._,-' - -.".-... . -~_...._....- -. ". ...- ~-"--'-~-""-~""'-_..' '-'--"'--''"~--'''--~"-'-''-'._._.._...~-"-~'..'..- .. ---'.-~---~--'--"-----'---'-'_.- - __,._.......,,__.. _.. ____"____'_'_.__M.__V·__'. .____.' .._., .'A _._.____~,._._..,,_,_._, "__... .-......,." ,,--..--..".-....,-,.. _.,~ ........~_.....- r recommends that vinton be permitted to use the excess capacity in the Treatment plan to supply sewer services to the portion of the County in their service area, and that a letter be sent to the City of Roanoke and Town of vinton that vinton is authorized to use the excess capacity. The County should also suggest that the Town of vinton begin an inflow and infiltration program. Supervisor Nickens advised that the Town of Vinton is now studying an 1&1 program. Supervisor Nickens moved to approve the staff recornmenda tion . The motion was seconded by Supervisor McGraw, and carried by the following recorded vote: AYES: Supervisors Brittle, Garrett, McGraw, Nickens, Johnson NAYS: None 5. Request from the Va. Department of Transportation for allocation of funds for the Starkey Road storm sewer project: Phillip Henry, Director of Engineering, reported that the the Board approved the expansion of the Starkey Road project, and included Penn Forest Boulevard from Starkey Road to Chaparral Drive as part of the project. These projects fall under policies that require participation by the localities for storm sewers and sidewalk right-of-way when the construction involves curb and guttering. Mr. Henry stated there are three options available including a complete drainage program at a cost of $306,726, a detention facility, or no additional storm sewer 269 November 17, 1987 construction at no cost. Also the cost of curb and gutterin would be $72,300, or curb, guttering and sidewalk right-of-way a a cost of $161,800. Mr. Hodge presented the funding mechanism options. staff is proposing that the landowners affected by th improvements bear the cost of those improvements. Rather tha appropriate money from the general fund, these property owner should have a supplemental tax to offset the cost of thes improvements over three years. With board approval of thi funding method, the staff would meet with the adjoining propert owners and present the options for improvements, the cost of th improvements, and allow them to decide which options they woul prefer to pay for. Staff recommends proceeding with the curb an guttering at a local cost of $72,300 contingent on the propert owners' participation. Supervisor Johnson asked whether by giving the landowner an option, the County faces potential liability if the leas expensive option is chosen. Mr. Henry responded they ar recommending no improvements beyond the scope of the origina construction project for the storm sewer outfalls. Theyar recommending curb and guttering for drainage from adjacen property at a cost of $72,300. Supervisor Nickens asked what would happen if th property owners elect not to participate. Mr. Hodge responde ; - 21" 0 ~_ ,. . ~ .4, November 17, 1987 -~----'_.~'.-'.'-'.'-'-' . ...... ~ - -.,-. -<..- ....,. - --', '._'~'-'" . .' e· '.-, .-- .._-_ _.'.' ._'. _,_..... __,.. __,__~.'~___. ._,._.>_ _"_._ ,_..__ "~"_'_"~_"_"_"_~"'___'~_".,_.__... ,,_ '." _ _ ....._.,. ._.h_._..^,~_<.~'" .._....._."^' -----~_.~--,--_..__.._-- - _....._......-_. .' ---'._-- --~---""_------------_'_"--"~-"----~-".-_.'--~"'_'._. ',-<.,. "'.,~-_.,_._._- .'-- - '.-..---..--... that is something that will have to be worked out. He would like to set a pattern for future road improvements similar to the starkey Road project. If the County funds this project, then other areas will request the same improvements at county cost. Supervisor Nickens reiterated that his concern was if all the property owners did not elect to participate. Mr. Mahoney responded that it could be done by referendum vote of the majority of property owners. If the majority approve, then all property owners must participate. The other alternative is a special assessment. The local governing body, by majority vote can impose a special assessment to those properties who would enjoy a specific benefit. Mr. Hodge advised that staff would like to move forward and meet with the property owners to explain the necessity of this funding method and advise them of the options. Fred Altizer, Va. Department of Transportation, was I present. He stated that there will be other future road I I improvements that will require the same county participation. Supervisor Brittle moved to approve the staff recommendation. The motion was seconded by Supervisor Johnson, and carried by the following recorded vote: AYES: Supervisors Brittle, Garrett, McGraw, Nickens, Johnson NAYS: None 211 : r November 17, 1987 Mr. Altizer stated he must have a resolution with commitment from Roanoke County before he can take it to th Virginia Transportation Board. Mr. Hodge responded that he would have a resolutio available for the December 1st board meeting. 6. Re uest for a roval to urchase two re lacement vehicles: This item will allocate funds to purchase ne vehicles for Procurement Services and the Director of Libraries The approximate cost for these vehicles is $23,000 Supervisor Brittle moved to approve the staf recommendation. The motion was seconded by Supervisor Johnson and carried by the following recorded vote: AYES: Supervisors Brittle, Garrett, McGraw, Johnson NAYS: Supervisor Nickens 7 . Rea riation of Landfill Funds to the Board contingency Fund: This item will reappropriate $49,390 fro the landfill account to the Board of Supervisor's Contingenc Fund. This will bring the balance of the Contingency Fund t $50,000. Supervisor Brittle moved to approve the staf recommendation. The motion was seconded by Supervisor Johnson and carried by the following recorded vote: AYES: Supervisors Brittle, Garrett, McGraw, Nickens, Johnson NAYS: None ~J( .. ,~ 2'1 2 November 17, 1987 ..~-_._--- '_'._ '__.._.,,_.,_.__._ .·~",'_'._o_".. .. d·O· _._ _ ." ..__.~_ ...,. _",.~ ~ _,. _..__....__"_.._,,,.~ O' ~,_. O__~"__~ __o__~ - r ----- .".. '-"'-.-' - .'--,-,. '-' . IN RE: REQUESTS FOR PUBLIC HEARINGS 1. Request to reschedule public hearing on the Secondary Hiqhway Six Year Construction Plan from November 17, 1987 to December 15, 1987: Supervisor Johnson moved to reschedule the public hearing. The motion was seconded by Supervisor Nickens, and carried by a unanimous voice vote. 2. Request to reschedule public hearinq authorizinq condemnation and riqht-of-entry for Starkey Force Main and Gravity Sewer: Supervisor Brittle moved to reschedule public hearing to December 15, 1987. The motion was seconded by Supervisor Garrett, and carried by a unanimous voice vote. IN RE: APPOINTMENTS Supervisor Brittle asked the Deputy Clerk to add the Cave Spring Planning Commission member to Appointments at the next meeting. Chairman Johnson directed that the Human Services Committee Appointments not be made and that the committee be inactive until further notice. 279 November 17, 1987 IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS Supervisor Nickens announced he would present report at the evening session concerning a meeting he attended t discuss the condition of the William Byrd athletic fields. IN RE: CONSENT AGENDA Supervisor Brittle moved to approve the Consent Agenda The motion was seconded by Supervisor Nickens, and carried by th following recorded vote: AYES: Supervisors Brittle, Garrett, McGraw, Nickens, Johnson NAYS: None RESOLUTION NO. 111787-8 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 Roanok County, Virginia, as follows: 1. That that certain section of the agenda of th Board of Supervisors for November 17, 1987, designated as Item - Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designate Items 1 through 9, inclusive, as follows: '~2 -14 -f November 17, 1987 ____._·x_....__ __~_._,_.'._..._..._ _.'...._,'_m'._<_.'_ '. , "__·..·_,,~,_ü,,·_._.,.......__,,~ ........ . ,.. '"~,. ,,< _......,",,".', .~ o_____,_____~__.___,._ - _.__.._.__...,--~.~._. -"~'---~----'~'._-----~'---'--""'-'--'-'"~'--"-""-~~¥,~ -., 2 . 1. Minutes of Meeting - October 13, 1987 2. Request from the Town of Vinton to designate Larry A. Logan to act as Hazardous Materials Coordinator for the Town of Vinton. 3 . Acceptance of water facilities serving an office building on Centurion Road. 4. Approval of Resolution requesting the Va. Department of Transportation to accept the connecting road from Route 1890 and Route 1905 into the Secondary System as a Rural Addition. Acceptance of easements, Lots 1 and 2, Section 3,1 Applewood, the Orchards. 5. 6. Confirmation of Committee Appointments to the the Court Service Unit Advisory Council/Youth and Family Services Advisory Board, Mental Health Services Board of Directors, Recreation Commission. 7. Request from the City of Roanoke to prepay annexation indebtedness with Roanoke County. I Settlement of Board of Supervisors v. Aetnal Casualty and Surety Co., and disbursal of settlement proceeds. 8 . 9. Acceptance of drainage easements, sanitary sewer easements, public utility easements and road right-of-way easements being dedicated to the County - Southwest Industrial Park. That the Clerk to the Board is hereby authorized and directed where required by law to set forth upon any of said I items the separate vote tabulation for any such item pursuant tol this resolution. On motion of Supervisor Johnson, seconded by Supervisor Nickens, and upon the following recorded vote: .:2'(·5 November 17, 1987 AYES: Supervisors Brittle, Garrett, McGraw, Nickens, Johnson NAYS: None RESOLUTION 111787-8.c REQUESTING ACCEPTANCE OF CONNECTING ROAD FROM ROUTE 1890 TO ROUTE 1905 INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY ROAD SYSTEM BE IT RESOLVED by the Board of Supervisors of Roanok County, Virginia, as follows: 1. That this matter came this day to be heard upon th proceedings herein, and upon the application of the connectin road from Route 1890 to Route 1905 be accepted and made a part 0 the Secondary System of State Highways under Section 33.1-72.1 0 the Virginia State Code. 2. That it appears to the Board that drainage easement and a fifty (50) foot right-of-way for said road have bee dedicated by virtue of a certain deeds which deeds are recorde in the records of the Clerk's Office of the Circuit Court 0 Roanoke County, Virginia, and that by reason of the recordatio of said deeds, no report from a Board of Viewers, nor consent 0 donation of right-of-way from the abutting property owners i necessary. The Board hereby guarantees said right-of-way fo drainage. 3. That said road known as the connecting road from Rout 1890 to Route 1905 and which is shown on a certain sketc accompanying this Resolution, be, and the same is hereb ~2 '7 6 November 17, 1987 ---'~---'-"----'-"'----- _., ~'____k.' __. ._ .._ "_'~'._,~ . .. .-.--...,,"' .' .~..-._-,...-- - --_...._._._----_._----------_._._._-----~---_..._--_.--_.~,',.>._~_._."-~_.q--- established as a public road to become a part of the State Secondary System of Highways in Roanoke County, only from and after notification of official acceptance of said street or highway by the Virginia Department of Transportation. On motion of Supervisor Johnson, seconded by Supervisor Nickens, and upon the following recorded vote: AYES: Supervisors Brittle, Garrett, McGraw, Nickens, Johnson NAYS: None RESOLUTION 111787-8.f AUTHORIZING THE EARLY RETIREMENT OF INDEBTEDNESS OF THE COUNTY ASSUMED BY THE CITY OF ROANOKE WHEREAS, pursuant to Orders of Annexation, dated July 30, 1948, September 14, 1964, and May 10, 1975, effective January 1, 1949, January 1, 1965, and January 1, 1976, respec- tive1y, the City of Roanoke (hereinafter the "City") assumed cer- tain public debt of Roanoke County (hereinafter the "County"); and WHEREAS, pursuant to such Orders, the City is required to pay to the County a total of $109,180.13, representing princi- pal ($105,304.54) and interest ($3,875.59), for Fiscal Year 1987- 88, and a total of $60,528.58 in principal payments for Fiscal Years 1988-89 through 1994-95; and WHEREAS, the City and County are in agreement that early payment of the amounts due to the County from the City would be in the best interests of each party. 277 November 17, 1987 ~_._, -_..- . --------- NOW, THEREFORE, BE IT RESOLVED by the Board of Supervi- sors of Roanoke County, Virginia, as follows: 1. That the County agrees to accept payment of $109,677.60 on or before November 24, 1987, and payment of $59,777.40 on or before December 8, 1987, in full and complete satisfaction of the City's indebtedness to the County arising out of provisions of Orders of Annexation, dated July 30, 1948; September 14, 1964; and May 10, 1975, requiring the City to assume certain public debt of the County, in particular Section 5.A., Public Debt, of the Order of Annexation in Ivan R. Younq, et ale v. City of Salem, Case No. 152-1965, May 10, 1975. 2. That the County Administrator is authorized to exe- cute such documents and take such actions on behalf of Roanoke County as may be necessary to accomplish the purposes of this Resolution, all of which shall be upon form approved by the County Attorney. On motion of Supervisor Johnson, seconded by Supervisor Nickens, and upon the following recorded vote: AYES: Supervisors Brittle, Garrett, McGraw, Nickens, Johnson NAYS: None IN RE: REPORTS The following reports were received and filed: 218 November 17, 1987 _~.,__..'.". ...~_..~_.<_.,~ 'On__-'__'_,_'.."_ _..- .~, . ~ -."""'-"-'-._~-~,-".._----<_._-_._.-~-.._~-...._,-._--,~---_._~._----- _..,_.~.._,,~ -".,--_._.----,- 1. Accounts paid for the month of October 1987. 2. Statement of the Treasurer's Accountability for the month of October 1987. 3. Status Report on Valley Metro extension on Brambleton Ave. Supervisor Johnson expressed appreciation to John Chambliss on the extension of Valley Metro to Brambleton Avenue. IN RE: WORK SESSION 1 . 1988 Legislative Proqram County Attorney Paul Mahoney reported he had discussed with the various board members the issues for the 1988 session of the General Assembly. There were four specific issues of concern: (a) the recommendation of the Commission on Local Government Structures; (b) COT2l alternatives to enable local governments to address transportation related problems; (c) funding needs of constitutional officers; and JLARK recommendation concerning the formula for distributing state funds to localities for education. Other issue of interest were: allowing refuse collection trucks to be equipment with flashing, blinking or alternating blue or blue and red emergency lights; allowance of an in the law library fee from $2.00 to $3.00. increase I I I I I November 17, 1987 279 . - - - Mr. Mahoney also made several suggestions to amend th County charter as follows: (a) Amend Section 2.02 "Taxin Powers: to provide authority for the Board to levy a tax on meal and tobacco; (b) amend Chapter 9 to authorize the creation of th office of license inspection, authorizing the enforcement 0 license ordinances through the Office of the Commissioner 0 Revenue; and (c) Amend Section 9.03 to authorize the appointment of the members of the Board of Zoning Appeals by the Board 0 Supervisors. He asked the board members if they had additiona requests to make. Supervisor Nickens stated he strongly endorsed th taxing powers outlined for meals and tobacco. Supervisor Brittl requested that the lights on refuse collection trucks be change to allow flashing lights of any color. Supervisor McGraw requested board support for the 1/2 additional local option sales tax. Supervisor Johnson requested that the EXPLORE Projec Board of Directors be expanded to include local officials fro the governments affected by the project. Supervisor Nickens suggested that the board suppor Delegate Thomas' request for additional funding for parks usin recordation taxes. Supervisor McGraw stated he did not suppor this, but would prefer the 1/2¢ local option sales tax 280 November 17, 1987 -'~-"----"-"--'-----_._--_.'.'-- .... "·"_·'·_·"^"__·_·__"·_"~_<·~W·'h..· ',., '__~".._._.. _ _. _ _._~ ._ ','__ _." _..·_".___·.__~__.·.'·_·"_·H.__"·...,·_.__.._ __~___~_Ð___"'__'_____ . _ ____~__·____.____U__,,__·_"__~_..________~_,____,_·____'____W.._W,~___.__".__~.__" Supervisor Nickens stated he still would like board support for the additional park funding. IN RE: EXECUTIVE SESSION At 4:35 p.m., Supervisor Johnson moved to go into Executive Session pursuant to the Code of Virginia 2.1-344 (a) 1, 2, and 6 to consider a personnel matter, to consider a real estate matter and to discuss a legal matter. The motion was seconded by Supervisor Garrett and carried by the following recorded vote: AYES: Supervisor Brittle, Garrett, McGraw, Nickens, Johnson NAYS: None IN RE: OPEN SESSION At 5:15 p.m. Supervisor Johnson moved to return to Open Session. The motion was seconded by Supervisor Garrett and Icarried by the following recorded vote: AYES: Supervisor Brittle, Garrett, McGraw, Nickens, Johnson NAYS: None I I I IN RE: RECESS 28~1 November 17, 1987 "~"_.~----------_._._--~---~-_._._--_...._-~~ - ~------'----- _.._---_._-,~ At 5:16 p.m., Chairman Johnson declared a dinner recess. IN RE: RECONVENEMENT At 7:10 p.m., Chairman Johnson called the meeting back to order. IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS Supervisor Nickens announced there was a meeting on November 16, 1987 concerning the conditions of the ball fields at William Byrd Middle School. The architect will be meeting with the contractors and the sub-contractors to determine what work has been done as part of the original specifications, and what has been done since at some one's expense other than Roanoke County. He expects a definitive statement within the next few weeks concerning the fields. IN RE: NEW BUSINESS 1. Request for the establishment of a volunteer fire company in the Back Creek area: Fire and Rescue Chief Tommy Fuqua announced that there is a newly formed volunteer fire , "';' :2'8'~2 NO\T_~_Ill_þ_~r ~}L_ ~9_ª'L_ "..,' --_.,.,,----,',- "'.' .-.--.---...... -_.__._._._,_._--._.,--..._-..~_._---,.~_..,_._----,~,- ._._..._~...".--'.__.._-""-_.._-,_.-..-- ------_.._-_.~.- -------- .. _ ________~,M_____.__.___·___..'__~.~,,_,__.._.____,_._,____ u... ,_..".,._.,__,__. .,._._".__,.~_~_."_.." ". .....".___,~__ __ _m.._ ...__ epartment in the Back Creek section, consisting of 32 people. even members are currently members of volunteer fire companies nd three are career fire personnel. He recognized Roger Vest nd Charlie Lavinder for their interest and coordination efforts. he elected fire chief is Lynn Thomas. Charlie Lavinder, resident of the Back Creek Civic League, introduced the other fficers of the league. Supervisor Garrett moved to recognize the Fire and Rescue ompany 11 - Back Creek as an official unit of the Fire and escue Department. The motion was seconded by Supervisor rittle, and carried by the following recorded vote: YES: Supervisors Brittle, Garrett, McGraw, Nickens, Johnson AYS: None N RE: FIRST READING OF ORDINANCES 1. Ordinance authorizing acceptance of a donation of a mall lot of real estate on Route 311 from the Count School oard to the Board of Su ervisors Mr. Mahoney reported that his property was originally declared surplus in 1976 by the chool Board to convey to Catawba Baptist Church. This church issolved itself and legal proceeding never transpired. The econd reading will be December 1, 1987. No citizens were present o speak to this ordinance. '28:8 November 17, 1987 -~-~-_._--_."--,.~ .. Supervisor Nickens moved to approve first reading of th ordinance. The motion was seconded by Supervisor Brittle, an carried by the following recorded vote: AYES: Supervisors Brittle, Garrett, McGraw, Nickens, Johnson NAYS: None 2. Ordinance the sale of sur Ius real estate Boulevard and Hemlock Road an offer or and authorizin 37.863 acres located off Roanoke of Salem no. 194-1-1 Mr. Mahoney announced that the County has received an offer t buy this property. The County has attempted to sell this surplu real estate for several years. The second reading will b December 1, 1987. No citizens were present to speak to thi ordinance. Supervisor Johnson moved first reading of the ordinance The motion was seconded by Supervisor Nickens, and carried by th following recorded vote: AYES: Supervisors Brittle, Garrett, McGraw, Nickens, Johnson NAYS: None IN RE: SECOND READING OF ORDINANCES 1. Ordinance vacatin the remainin Plat of Section One, Thorncrest Subdivision: Mr. Mahoney advised this was th second reading to vacate the plat, the first reading held 0 t2tS "4 November 17, 1987 -"._--'--~._~~_._.._- ,.._--_..-._.,--' - _._.._-".""""-"'-'-""'~-~-'.__. .~,-----_.._~._-_. ._._....~_._---"..^._.._-""~,----"-,,..._..,"'_._. .._-_._,------------~----- _.0___....____ . -...-.-'----.----,.<,..-------- u._._·~". _...____.,..__ __.,,_____._..,., _ ·····,,····_·_.··___v_ .. ~_ _" __. <..___..._~..__h___'__._....___·_._<,_..~ ~u_ - If . __ 'H" ..,.~."'''__"'_ ctober 27, 1987. No citizens were present to speak to this rdinance. Supervisor Johnson moved to approve the second reading of he ordinance. The motion was seconded by Supervisor Garrett, nd carried by the following recorded vote: YES: Supervisors Brittle, Garrett, McGraw, Nickens, Johnson AYS: None ORDINANCE 111787-10 VACATING THE REMAINING PLAT OF SECTION ONE, THORNCREST SUBDIVISION WHEREAS, Lingerfelt Development Corporation; Colonial merican National Bank, Trustee of the estate of Marshall L. arris, deceased; Elizabeth F. Harris; and Truck Enterprises, nc. have petitioned the Board of Supervisors of Roanoke County, irginia, to vacate the remaining plat of Section One, Thorncrest ubdivision; and WHEREAS, the petitioners are the owners and contract urchaser of a certain tract of land located in Roanoke County, eing identified as Tract 5, containing 0.847 acre, a portion of hich lies within the northeasterly boundary of Thorncrest Sub- ivision, said portion consisting of lots in Block 1; and WHEREAS, the petitioners now desire that the remaining ortion of Section One, Thorncrest Subdivision be permanently acated in order that the Petitioners might use the same for the mprovement and enhancement of their property; and .,,285 '""" November 17, 1987 .-.----- WHEREAS, a public hearing and first reading on thi ordinance was held on October 27, 1987, and the second reading 0 this ordinance was held on November 17, 1987. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervi sors of Roanoke County, Virginia, as follows: 1. That the remaining plat of Section One, Thorncres Subdivision dated August 17, 1948, revised September 28, 1948, and found in Plat Book 3, page 67, among the records of the Cler of the Circuit Court for the County of Roanoke, Virginia, is here by vacated, but subject to the rights of the owners of any public utility installations previously erected therein, together with the right of ingress and egress for the maintenance of such util- ity installations. 2. That the Clerk of the Circuit Court is authorize to take such action as may be necessary to accomplish the purpose and intent of this ordinance. On motion of Supervisor Johnson, seconded by Supervisor Garrett, and upon the following recorded vote: AYES: Supervisors Brittle, Garrett, McGraw, Nickens, Johnson NAYS: None 2. an offer for and authorizin the lease of sur Ius real estate, Old Bent Mountain Fire Station: Mr. Mahoney reported that the County has received an offer to lease this piece of property. The first reading was ,"" 2iS""Ø November 17, 1987 .-~-_._----<._.- "__,_._'._,..~...,,, _'_.'~"_.._.'.. .'_.,'__ 0-. . _,~._ ,",_...__._.A_ _.e.'__'.,___.,,_.__,___....M"__.~._~.~.___~_. ._."..__~ ------.--------.--- .- ------r- --------------------------- I ~- -.-.- -- ... --,-_.,_. --,"-~---'-~---><,~ ..,..____,,'_ ·W·_.__~,__._,_ ,_..".>._'_~_k .._".__,.._...._ held October 27, 1987. The offer received for rent was not an amount the County recommended. No citizen was present to speak to this ordinance. Supervisor Garrett moved that this offer be denied. The motion was seconded by Supervisor McGraw, and carried by the following recorded vote: AYES: Supervisors Brittle, Garrett, McGraw, Nickens, Johnson NAYS: None Supervisor Garrett moved that the board reaffirm that this property is surplus and is available for lease or sale. The motion was seconded by Supervisor Johnson, and carried by the following recorded vote: AYES: Supervisors Brittle, Garrett, McGraw, Nickens, Johnson NAYS: None 3. Ordinance accepting an offer for and authorizinq the sale of surplus real estate - well lot in Otterview Garden subdivision: Mr. Mahoney announced that the County has received an offer to purchase the abandoned well lot in Otterview Gardens. The first reading was held October 27, 1987. The County has received an offer of $13,500 from L. Edgar Foley. Staff recommends that the Board affirm that this property is surplus and accept the offer. No citizens were present to speak to the ordinance. /;.28.:-:7 November 17, 1987 -------- Supervisor Nickens moved to approve the second readin and accept the offer of $13,500 from L. Edgar Foley. The motio was seconded by Supervisor McGraw, and carried by the followin recorded vote: AYES: Supervisors Brittle, Garrett, McGraw, Nickens, Johnson NAYS: None ORDINANCE 11787-12 ACCEPTING AN OFFER FOR AND AUTHORIZING THE SALE OF SURPLUS REAL ESTATE, A WELL LOT LOCATED IN OTTERVIEW GARDENS SUBDIVISION WHEREAS, pursuant to the provisions of Section 16.01 0 the Charter of Roanoke County, the subject property has been de cIa red to be surplus; and WHEREAS, pursuant to the provisions of Section 18.04 0 the Charter of Roanoke County, a first reading concerning th sale and disposition of the hereinafter-described real estate wa held on October 27, 1987, and the second reading was held 0 November 17, 1987; and WHEREAS, this real estate consists of a well lot 10 cated on Laban Road in Otterview Gardens Subdivision; and WHEREAS, an offer has been received for this propert from L. Edgar Foley in the amount of $13,500, and said offer i hereby accepted; all other offers are hereby rejected; and NOW, THEREFORE, BE IT ORDAINED by the Board of Supervi sors of Roanoke County as follows: ~2~~ November 17, 1987 ----,_._.,,-_._,.".~-"'_.,-"-_.,----_..__.~ _" ._.~ . _.,_,_"_.,,__.__ ,_ .____ __,"'0 _,' ._H ....._ 'W _...__.~._._ .._... '_."._._.'.." ...,.__. .'"_ _ _ _._.~.. .__~_..._ _.,,__, ---.-.-----.--------------.--.. - --.--. .- r-" I I . ,_._.~._--_.,,---_. _.._._-~------~._--~----_._-~.~-_....._._"'_..,.._._~-_.~,. 1. That the offer of L. Edgar Foley in the amount of $13,500 to purchase a well lot located in Otterview Gardens Subdivision, Tax Map No. 27.05-2-14 be, and hereby is, accepted; and 2. 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 form approved by the County Attorney; and 3. That all proceeds from the sale of this real estate are to be allocated to the capital reserves of the County. On motion of Supervisor Nickens, seconded by Supervisor McGraw, and upon the following recorded vote: AYES: Supervisors Brittle, Garrett, McGraw, Nickens, Johnson NAYS: None IN RE: PUBLIC HEARINGS 1187-1 PETITION OF PLANTATION ENTERPRISES FOR A SPECIAL EXCEPTION PERMIT TO OPERATE A GOLF COURSE ON A 24.77 ACRE TRACT LOCATED AT 5621 PLANTATION ROAD IN THE HOLLINS MAGISTERIAL DISTRICT. The Petitioner, S. D. Stokes, Jr. announced that the actual acreage was 34.77, not 24.77 as listed in the agenda and , ' 28~9 . ," November 17, 1987 report. Mr. Gubala stated this was a staff error, and was also erroneously advertised. Supervisor Johnson moved to continue the public hearing until December 15, 1987 and to readvertise with the correct acreage advertised. The motion was seconded by Supervisor McGraw and carried by the following recorded vote: AYES: Supervisor Brittle, Garrett, McGraw, Nickens, Johnson NAYS: None 1187-2 PETITION OF KEITH AND DIANE BRADSHAW FOR A SPECIAL EXCEPTION PERMIT TO OPERATE A CHILD CARE CENTER ON 1.58 ACRE TRACT LOCATED ON THE WEST SIDE OF ROUTE 643 APPROXIMATELY 300 FEET NORTH OF ITS INTERSECTION WITH ROUTE 460 IN THE CATAWBA MAGISTERIAL DISTRICT Assistant County Administrator Timothy Gubala reported that the petitioner has a concept plan to utilize 1.58 acres as a day care center behind the Fort Lewis Fire Station. There will be traffic generated at peak periods of time, and staff recommends that the number of entrances be reduced from two to one. The staff also notes that the proposed parking may not meet actual customer demand and may need to be investigated during site plan review. Staff recommends approval with conditions limiting signage; the number of entrances, the number of parking spaces; and the type and extent of screening and buffering necessary for safety purposes. / ,. 2;~; 0 November 17, 1987 --- ~..,._.._,'-"""-'--. .- - ~,._,~__._. __.____..-., M_·.·~·'_..,_·",'_,~"__._' ~".'." -. -----.------.----___.._.,. -.,' ..__.,_~,,_. -_.."_... ,__···_,_~..."~_."'·_"H .~_. '.. _.. ...,_.,..._. "'____'_0,,_. ,..... ._,._ -~'---_.._-"-"----_.,--_.- - . . - - --"---'" _._--_.,._~--_.~_._-_._~--~"--_._'.._---~.,.~._.._._~...-..,.-.....,.-....-,.-.. --.-..------- _ m _.~.. ,,_. ,.__._ ......_.. U__, ... Supervisor Johnson asked if there is a state agency regulating the number of children and physical size of the building. Mr. Guba1a responded that the Department of Social Services monitors this. Supervisor McGraw asked when the sewer line construction would begin in the area, and would this imply the need for a traffic signal at that intersection? Mr. Guba1a stated that the sewer line is under construction, but has not been extended that far yet. Supervisor Johnson directed staff to request a traffic count for the area. Ed Natt, attorney for the petitioner, was present. He I advised they are willing to reduce the entrances to one and provide increased parking. They will also comply with the screening and buffering ordinance and limit the sign to 40 square feet. Supervisor McGraw moved to approve the Special Exception Permit with the following conditions: sign limited to 40 square feet, one entrance only approved by the Va. Dept of Transportation, screening and buffering in accordance with ¡county zoning ordinance, and additional parking spaces. , I motion was seconded by Supervisor Nickens, and carried by the ¡ The II the following recorded vote: ~YES: Supervisors Brittle, Garrett, McGraw, Nickens, Johnson ~AYS: None ! :. 2'91 November 17, 1987 .--.--.-."----- 1187-3 PETITION OF BRAMBLETON MEDICAL ASSOCIATES REQUESTING REZONING FROM R-1 RESIDENTIAL TO B-1 BUSINESS AND AMENDMENT OF THE LAND USE PLAN OF A TRACT CONTAINING 1.48 ACRES LOCATED SOUTH OF 3142 BRAMBLETON AVENUE IN THE CAVE SPRING MAGISTERIAL DISTRICT Continued By the Planning Commission 1187-4 PETITION OF ROGER P. JEFFERSON REQUESTING REZONING FROM B-1 BUSINESS TO B-2 BUSINESS AND M-1 INDUSTRIAL OF A TRACT CONTAINING 1.35 ACRES AND LOCATED AT THE SOUTH WEST INTERSECTION OF STARKEY ROAD AND PENN FOREST BOULEVARD IN THE CAVE SPRING MAGISTERIAL DISTRICT. APPROVED WITH PROFFERED CONDITIONS Mr. Gubala reported this was heard by the Plannin Commission on November 5th. It is in a Transition Area. Ther are five proffered conditions relating to construction an conformance to the conceptual plan. The portion to be rezoned to M-1 only is to be used for retail storage. There are restrictions relating to sign structure. The use is restricted to operation of a convenience store on parcel one and operation of office complex and storage on parcels two and three. This is an expansion of Mr. Jefferson's present business on the property. The Planning Commission recommended approval 3 to 2. Mr. Jefferson was present with John Parker of T. P. Parker who prepared the site plan. " ~. " :292 November 17, 1987 _.,_...~ _'''W_'_'''_'''_'_'"_'~__ ,_ ~ _·"U~"._, "___".__'_~..__"_~"'_'__" c.....__,·. -- . .. .--.._-._---,.,._~_._-_.- -~_._--_.__...__.-.._-_.----,- ~_. __._~__oo__~_·_ ___..___..________ --. -..-- .._._..._~.,_.~¢_.__. ,',_. "_.,,,---,,.._--,.~._.~- Prior to the discussion of the rezoning, Supervisor Johnson explained to the petitioners the action taken earlier in the meeting concerning the potential cost participation in the Starkey Road improvements by property owners on Starkey Road. Kenneth King, attorney for the petitioners, pointed out that the proffered site plan shows that the entrances on Penn Forest Boulevard are subject to the Va. Department of Transportation relocation and acquisition of right-of-way for the road improvements. Mr. Hodge explained the process by which the adjacent landowners will have the option to participate in the cost of curb and guttering, drainage and sidewalks. The options chosen will determine how much land may be taken from the petitioner. After conferring with the petitioners, Mr. King responded that he would prefer to go forward with the rezoning, but that the site plan may have to be modified based on the decisions concerning the Starkey Road project. Supervisor Brittle moved to approve the petition. The motion was seconded by Supervisor Nickens, and carried by the ¡following recorded vote: AYES: Supervisors Brittle, Garrett, McGraw, Nickens, Johnson NAYS: None FINAL ORDER II . . "293 November 17, 1987 - -- - ----- ._._~-,_._.__..- --~_.._---- NOW, THEREFORE BE IT ORDERED that the aforementione parcels of land which are contained in the Roanoke County Ta Maps as Parcel 1, 2 , 3 and recorded in Deed Book 1272, Page 794 Deed Book 1198, Page 1051 and Deed Book 1194, Page 0001 an legally described be rezoned from Parcel 1, B-1, Parcel 2, B- and Parcel 3, B-1 District to Parcell, B-2, Parcel 2, B-2, an Parcel 3, M-l District. PARCEL 1 BEGINNING at a point on the west side of Starkey Roa (formerly Route 119), said point being the corner betwee Lots 1 and 2 of the Map of Willow Dell Subdivision; thence leaving said Point of Beginning and following th west side of Starkey Road, S. 30 5l'W. 54 feet to point; thence continuing with Starkey Road S. 80 11'W. 66.4 feet to a point; thence cotninu9ing with Starke Road, S. 110 l6'W. 13.8 feet to a point, corner to Lots and 4 of said subdivision; thence leaving Starkey Roa and following the line between Lots 3 and 4, then Lots 1 and 4, S. 840 55'W. 243.9 feet to the rear corner of Lo 10 and Lot 4 of said subdivision;thence with an existin boundary line through Lot 11 of said subdivision, S. 85 00' W. 15 feet to a point; thence N. 50 00' W. 128.2 fee to a point on the south side of the Old Floyd Road; thence N. 850 OO'E. 15.0 feet to the front corner between Lots 10 and 11 of said subdivision; thence crossing the Old Floyd Road, N. 850 DO' E. 150.0 feet to the front corner between lots 10 and 11 of said subdivision; thence crossing the Old Floyd Road, N. 850 00' E. 20.1 feet to a point; thence 550 10'E. 46.7 feet to a point, corner to Lot 1 of said subdivision; thence with the line between Lot 10 and Lot 1 and Lot 3 and Lot 1 and Lot 2 and Lot 1, S. 890 21;E. 211.0 feet to the point of BEGINNING and being all of Lots 2, 3 and 10 and a portion of Lot 11 of Willow Dell Subdivision and containing 0.878 acre and being all of the property acquired by Roger P. Jefferson in Deed Book 1194, Page 001 and Deed Book 1198, Page 1051 ~,9'4 . '\ ~ 1" November 17, 1987 ___··_·_··_·~'____··_"···___···___·_"_"'·_'_____r_"_~_~" ..> __~~._."_._ _'.. "'_'"T" , - . _._.~._-_.~.- ..,' .. -- ---,.--.._' ~-_.-....-_.__...'-"_..~. "-'- -.-"...--.. . ..- _.,---..~ ....... ,.".~,.- ~._-~..~----~-_.- - _..~,,-"--_.. ~ _ ~·_~_·._4__ ____~._ .._.______._....._...____~...____,._~__,_.______._ of record in the Clerk's Office of the Circuit Court of Roanoke COunty. And excepting a strip 25 foot wide along northerly boundary of Lots 2 and 3 known as Floyd Road Drive. And there is reserved along the northerly side of Lot 10 and the 15 foot strip designated New 3A a 30 foot strip for a roadway. PARCEL 2 BEGINNING at a point on the west side of Starkey Road (Formerly Route 119), said point being the common corner between Lots 4 and 5 of Willow Dell Subdivision; thence leaving said point of Beginning and following the west side of Starkey Road; S. 130 21; W. 75.6 feet to a point, corner to Lots 5 and 6; thence between Lots 4 and 5, S. 830 51'W. 84.0 feet to a point;thence with a new zoning line through Lot 5, N. 50 24'W 72.69 feet to a point on the line of Lots 4 and 5; thence with a line between Lots 4 and 5, N. 840 36'E. 108.29 feet to the point of BEGINNING and being Parcel 2 containing 0.159 acre. PARCEL 3 BEGINNING at a point on the common line between Lots 5 and 6 of Willow Dell Subdivision; said Point of Beginning, being, S. 830 51'W. 84.0 feet from the common front corner of Lots 5 and 6 of said subdivision, said point fronting on Starkey Road; thence leaving said Point of Beginning and following a line between Lots 5 and 6 S. 830 51'W. 106.40 feet to a common corner between Lots 5, 6, 8 and 9; thence with the line between Lots 8 and 9, S. 850 00' W. 18.61 feet to a point; thence with a new zoning line through Lot 9 N. 50 24'W. 79.26 feet to a point; thence with another new zoning line through Lot 9 and Lot 4 of said subdivision, N. 840 36' 00" E. 125.00 feet to a point;thence with another new zoning line and adjoining Parcel 2, S. 50 24' E. 78.0 feet to the Point of BEGINNING and being Parcel 3 containing 0.226 acre. PROFFER OF CONDITIONS 1. All construction will be in reasonable conformance to the Conceptual Plan submitted herewith. 29:5 November 17, 1987 - . -." -'<.,.. --.. -~~..~ 2 . The parcel requested to be Zoned M-l will only hp ~__..._.....___._n__..._ .--.--.... .._~-"..._,._.__..~.._"---_._--~-- used for retail storage of paper, business forms and computer supplies. 3. The Convenience Store sign proposed at the intersection of Starkey Road and Penn Forest Boulevard will have a maximum sign area of 96 square feet. The total height of the sign will be 25 feet including structural supports. The bottom of the sign will be approximately 9 feet from the ground elevation. 4. The use of the property will be limited to operation of a convenience store on Parcell and the operation of an office complex and storage building on Parcels 2 and 3. 5. The owner will make no requests for or allow the construction of billboard type signs on Parcel 1, Parcel 2 or Parcel 3. 1187-5 PETITION OF M. T. HOLDING COMPANY REQUESTING REZONING FROM B-2 BUSINESS TO M-l INDUSTRIAL OF A PORTION OF A TRACT CONTAINING 0.56 ACRE AND LOCATED AT 3639 BRAMBLE TON AVENUE IN THE WINDSOR HILLS MAGISTERIAL DISTRICT APPROVED WITH PROFFERED CONDITIONS Mr. Gubala reporting that this rezoning is in conformance with the Comprehensive Plan. There was no opposition at the ~.~ 29' 6 November 17, 1987 ~~---,---_.- ,..-.........--..,.--- -'--- '.._' - ~._"~--------,------~_., -----. _.~ 'Planning Commission meeting. There was one concern from a neighbor over whether this would be open on Sunday. There are six proffered conditions concerning use of the property. Supervisor Garrett asked if this business didn't exist prior to this rezoning. Mr. Gubala responded that previously the property was used for repair of small engines, even through the business license was issued for automobile sales and parts. The petitioner bought the building with the understanding it could be used for automobile repair business and did not know he would have to rezone until he applied for a business license. Ed Natt, attorney for the petitioner, presented the previous history of use for the property. It has been used for automobile repair for approximately four years. He also stated that the noise should not be a problem because the work will be confined to inside a building during regular hours. Supervisor Brittle moved to approve the petition. The motion was seconded by Supervisor Nickens, and carried by the following recorded vote: AYES: Supervisors Brittle, Garrett, McGraw, Nickens, Johnson NAYS: None FINAL ORDER ;·2~9~7 November 17, 1987 _.-,._-._---,-- --- --- -,"", "'-'--'~- ..--.- -,-~- _____...___. .,,,....,,___,_..~,__. __.._____,.__._._n._. ____.,_ NOW, THEREFORE BE IT ORDERED that the aforementioned parcel of land, which is contained in the Roanoke County tax Maps as a portion of Parcel #77-09-4-47 and legally described below be rezoned from B-2, General Commercial to M-l, Light Industrial District. BEGINNING at a point at the northeast corner of the property of WADO Corporation (Deed Book 1198, Page 144); thence N. 580 00' E. 90.00 feet to a point;thence S. 320 00' E. 70.00 feet to a point; thence S. 580 OO'W. 90.00 feet to a point; thence N. 320 00' w. 70.00 feet to a point. PROFFER OF CONDITIONS 1. The M-l use is limited to an automotive repair shop only in the existing structure. No additions will be made to the structure. 2. There will be no outdoor overnight parking of customers' vehicles (licensed or unlicensed) after closing each day with the exception of vehicles left by customers after closing hours. 3. No outside storage of materials 4. No stand alone signage. Sign will be part of existing sign structure. 5. There will be no business operation after 9:00 p.m. Monday through Saturday, and no business operation Sunday. 2.9.8 '..;'; " '.. , M 6. November 17, 1987 The zoning will revert to B-2 zoning should the use as an automotlve repalr Shop be terminated. "___..__ _.__u'.__,____".___'.._"..~___·..~·,"·..__. - ~~~---"._-~--- -~---_.~--_.~ Supervisor Johnson requested that Citizens Comments be heard prior to the last Public Hearing. IN RE: CITIZENS COMMENTS AND COMMUNICATIONS Mr. Chuck Williams thanked Supervisor Nickens for his efforts to improve the conditions of the ball fields at William Byrd Middle School, and asked him to reiterate what was discussed t the meeting concerning this subject. Supervisor Nickens reported that a meeting was held with the architect, members of the school administration, Elmer Hodge nd Paul Mahoney. Mr. Williams asked how the money was ppropriated. Supervisor Nickens responded that the part of the oney was left from a 1969 bond issue, part from the Literary Loan program and part from the 1984 bond issue. Supervisor ickens assured Mr. Williams that no more taxpayers money will be spent on these fields. It was the intent of all those school dministration staff who attended the meeting that the fields ill be ready when school starts, but not necessarily for total se by the Booster Clubs because of the need to get the grass stablished. Mr. Williams responded that he still did not feel ".," 299 November 17, 1987 - ____ _w_,_."'·~"'"_· ."'._ . .-.'.--<--.'-.-'-'--.---~-._._--.--'"---.-"- that the problem was being addressed quickly enough. Supervisor Nickens suggested that Mr. Williams discuss this with Mr. Hodge after the meeting. IN RE: PUBLIC HEARINGS (Continued) 1187-6 PUBLIC HEARING FOR COMMENT UPON ROANOKE COUNTY'S REQUEST THAT THE 1988 GENERAL ASSEMBLY AMEND ITS CHARTER AS FOLLOWS: SECTION 2.02: TAXING POWERS, SECTION 8.03: OFFICE OF LICENSE INSPECTIONS, AND SECTION 9.03: BOARD OF ZONING APPEALS County Attorney Paul Mahoney described the proposed amendments to the County Charter that the County is requesting from the General Assembly. The Taxing Powers amendment would authorize a meals tax and a tobacco tax. The Office of License Inspections would authorize the creation of License Inspections in the Commissioner's Office to have the enforcement authority to enforce the various license ordinance provisions. The amendment to Section 9 would authorize the appointment of the Board of Zoning Appeals by the Board of Supervisors. The following citizens spoke concerning various amendments to County Charter: 1. E. C. Warren, 2522 Colonial Avenue, Roanoke, Virginia 24015, Past President of the Virginia Restaurant ;,- 800 November 17, 1987 ",~."-~>--".-'-- ._--- - ...._---"----- --~-._~,_._,-_.- Association, and represents the restaurants in this area. He spoke in opposition to the amendment to authorize a meals tax. 2. James Walker, 3313 Stonehenge Square, Roanoke, Virginia, 24018 spoke in opposition to the amendment authorizing the Commissioner of Revenue's office to enforce the various license ordinance provisions. He also requested a more comprehensive and complete notification process concerning public hearings. He was concerned with the cost of such a program and Iduplication, since the Sheriff's Department already has this authority. His other concerns were opposition to the meals tax and appointment of the Board of Zoning Appeals by the Board of Supervisors. 3. Roger Walker, 5444 Lamplighter Drive, Roanoke, Virginia 24019, spoke in favor of the tobacco tax, but in opposition to the meals tax. He also was opposed to the Office of License Inspection and the change of the appointments of the Board of Zoning Appeals. He expressed concern about the lack of notification concerning public hearings of interest to the ci ti zens . 4. James Horn, 5509 Lamplighter Drive, Roanoke, Virginia, asked if Roanoke County could impose a 1/2¢ additional ,S'O"~l November 17, 1987 - ~_.__. -,,',. -. ,,~,--~"'_._-- '__"___''''___'_''~ _'___'_'_'_~W_'____'_____'_'_'_"'__"~_'_'^___"__'__'_0_ . _,___,._, .._.._..__'._n__· ,,_ .~,._.__..".._._._,_._._._--_._-_._----_._'----'-_._--- local option tax as an amendment to the Charter. Supervisor Johnson stated this was a state tax that would be returned to the local governments and did not think it was constitutional to impose such a tax, but he would investigate the possibility. 5. Pamela Glover, 3051 Glenmont Drive, Roanoke, Virginia 24018 also spoke in opposition to the charter amendments. IN RE: OTHER BUSINESS 1. Salary Increase for the County Attorney: Supervisor Johnson announced that a salary survey had been conducted on the position of County Attorney, and the results reflected that an increase was necessary to keep this position competitive with similar positions throughout the state. Supervisor Brittle moved that the salary of the County Attorney be increased by five percent, effective January 1, 1988. This increase would be from $53,928 to $56,624. The motion was seconded by Supervisor Garrett and carried by the following recorded vote: AYES: Supervisors Brittle, Garrett, McGraw, Nickens, Johnson NAYS: None SO-:,2 November 17, 1987 ---".~--".--.-'-'~..---...-~- '"""""""--'---- --~"--Ir -,------ IN RE: ADJOURNMENT adjourned. /i i / / At 9:10 p.m., Chairman Johnson declared the meeting , Chairman oard of Supervisors