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HomeMy WebLinkAbout2/27/2001 - Regular 97 February 27, 2001 Roanoke County Administration Center 5204 Bernard Drive Roanoke, Virginia 24018 February 27, 2001 The Board of Supervisors of Roanoke County, Virginia, met this day at the Roanoke County Administration Center, this being the fourth Tuesday and the second regularly scheduled meeting of the month of February, 2001. IN RE: CALL TO ORDER Chairman Minnix called the meeting to order at 3:02 p.m. The roll call was taken. MEMBERS PRESENT: Chairman H. Odell "Fuzzy" Minnix, Vice- Chairman Joseph B. "Butch" Church, Supervisors Bob L. Johnson, Joseph McNamara, Harry C. Nickens MEMBERS ABSENT: None STAFF PRESENT: Elmer C. Hodge, County Administrator; Paul M. Mahoney, County Attorney; Brenda J. Holton, Deputy Clerk to the Board; John M. Chambliss, Assistant County Administrator; Dan R. ODonnell, Assistant County Administrator; Kathie = B. Scearce, Community Relations Director IN RE: OPENING CEREMONIES The invocation was given by The Reverend Tom Stocks, 98 February 27, 2001 Rosalind Baptist Church, and Chaplain for the Roanoke County Police Department. The Pledge of Allegiance was recited by all present. IN RE: NEW BUSINESS 1. Request for $60,000 funding to purchase up to twenty automated external defribillators. (Rick Burch, Fire and Rescue Chief) A-022701-1 Chief Burch advised that this item was discussed at the February 13, 2001 Board Meeting, and staff was asked to bring it back for consideration and funding. He advised that putting additional AEDs in the Fire and Rescue units will provide better = service in case of a cardiac emergency. He also recommended that some of these be placed in County buildings and encouraged the community to make more AEDs available. = The Roanoke County Today program on Roanoke Valley Television will be used to publicize the availability of these units. Supervisor Johnson asked if the County had exhausted all types of grants, and Chief Burch advised that the County received one grant for 100% funding for three and has been approved for an additional grant of three at 50% funding. Supervisor McNamara advised that he would prefer to allocate the $60,000 out of the capital $907,000 that was appropriated to the Fire Department last October. Supervisor Nickens advised that he does not think the $907,000 is enough to cover those items that have to be done, and he would propose using $60,000 from the Board 99 February 27, 2001 Contingency Fund. Supervisor Johnson mentioned his concern about the unappropriated fund balance falling below the 6.25% goal of general fund revenues. Supervisor Nickens moved to approve the purchase of twenty AEDs and appropriate the funds from = the Board Contingency Fund. The motion carried by the following recorded vote: AYES: Supervisors Church, Nickens, Minnix NAYS: Supervisors Johnson, McNamara 2. Request to proceed with obtaining bids for Roanoke County Courthouse renovations and repairs. (Anne Marie Green, General Services Director) A-022701-2 Mr. Hodge reported that the Roanoke County Courthouse was constructed in 1984 and has had various structural, design and operational issues since it was built. Most of these items can be attributed to the settling of the building and are not just wear and tear. He advised that staff would like to obtain bids and get a better scope of the work required. Chairman Minnix advised that Judge Philip Trompeter, Juvenile and Domestic Court, was present and welcomed him to the meeting. Ms. Green showed a video which highlighted the problems, and advised that space needs have become increasingly critical, particularly in the wing housing the Juvenile and Domestic 100 February 27, 2001 Court and the Court Services Unit. She advised that after getting the bids, they would come back to the Board for funding. Supervisor McNamara advised that this should be part of the budget considerations and Mr. Hodge reported that it would be two to three months before this item is brought back, and it would be part of the budget cycle. Supervisor Church moved to approve the staff recommendation to proceed with obtaining proposals for the necessary repairs and renovations and return to the Board for funding based on these bids. The motion carried by the following recorded vote: AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS: None 3. Request from Police Department to authorize creation of a Regional Family Violence Fatality Review Team. (Ray Lavinder, Police Chief) R-022701-3 Chief Lavinder introduced Dr. and Mrs. Van Patten to present the item. Mrs. Van Patten asked the Board to approve a resolution for the development of a Domestic violence fatality review team. The General Assembly made it available by statute in 1999 and it is under the office of the Medical Examiner. They have worked for the past year with them to develop the protocol and how the program will work. The governing bodies must 101 February 27, 2001 give permission for the Police Department to participate, and the with goal is to have a non-judgmental review of any domestic or intimate partner violence fatality to find ways of preventing them. Chief Lavinder advised Supervisor McNamara that there were two domestic violence fatalities in June, 2000 and the last fatality prior to that was in 1996. Supervisor Minnix moved to adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS: None RESOLUTION 022701-3 AUTHORIZING THE CREATION OF A REGIONAL FAMILY VIOLENCE FATALITY REVIEW TEAM WHEREAS, family and intimate partner violence has destructive consequences upon individuals and families within Roanoke County and the Roanoke Valley; and WHEREAS, careful examination of family and intimate partner violence fatalities will yield results to help prevent similar tragedies from recurring; and WHEREAS, a thoughtful and nonjudgmental method of evaluating the events that lead to family and intimate partner violence fatalities will create safer communities; and WHEREAS, legislation adopted by the General Assembly in 1999 provides for communities to establish a Family Violence Fatality Review Team; and rd WHEREAS, it is has been proposed that a team be established in the 23 Judicial District which includes the County of Roanoke, the Cities of Roanoke and Salem; and Town of Vinton. NOW THEREFORE BE IT RESOLVED by the Board of Supervisors of the County of Roanoke, Virginia, as follows: 1. That the Domestic Violence Coordinating Council will engage agencies, organizations and systems which provide services to victims and perpetrators to identify gaps in system responses and provide for increased communications and collaboration amongst the agencies involved: and 2. That the Domestic Violence Coordinating Council will operate under the assumption that all persons and agencies involved care deeply about preventing violence within the family and operate in good faith, using the best judgment and information available at the times. 102 February 27, 2001 2. That the Domestic Violence Coordinating Council will offer recommendations to benefit our communities and improve public safety. 3. That the Domestic Violence Coordinating Council will establish a Regional Family Violence Fatality Review Team. 4. That a copy of this resolution be forwarded to the Clerks of Roanoke City Council, Salem City Council and Vinton Town Council. On motion of Supervisor Minnix to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS: None 4. Request to approve agreement with SMPAC to provide additional information to the State Corporation Commission and appropriate $5,000. (Elmer Hodge, County Administrator) A-022701-4 Mr. Hodge advised that Mr. Mahoney, Mr. Harrington, and Brent Riley all have worked on the Virginia Gas Pipeline issue, and they would each like to share with the Board the complexities of the issue. He described the history of the Virginia Gas Pipeline by advising that the route for the pipeline has been approved; the need has been certified; it has been approved by the SCC; and the merger of the two companies has been recommended by the examiner to the SCC. The County is hoping to provide some additional input and promote co-location before the final decision of the SCC on the merger. However, there are some questions as to what is the Countys role and the impact = on the neighborhoods if co-location is permitted. Mr. Harrington high-lighted the major components of the plan on a color coordinated map and explained the changes between 103 February 27, 2001 the original corridor and what was finally approved. Mr. Mahoney shared with the Board some of the terms of the recommendations of Mr. Skirpan, the hearing examiner, and possible interpretations of the document. Comments on the report have to be submitted to the SCC by March 8, 2001, and the SCC will render its decision by March 27, 2001. Mr. Riley thanked the Board members for their actions and support on this issue. He advised that since Mr. Skirpan recommended that co-location be studied as a condition of merger, he was asking that a report by Bill Modica to promote co-location and provide alternatives to the current Virginia Gas Company right-of-way route be submitted th. to the SCC before their decision is rendered on March 27 After considerable discussion, Supervisor Minnix moved to approve the staff recommendation which was to approve the scope of work by Bill Modica and appropriate $5,000 from the Board Contingency Fund. The motion carried by the following recorded vote: AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS: None IN RE: REQUEST FOR PUBLIC HEARINGS AND FIRST READING OF REZONING ORDINANCES - CONSENT AGENDA: Supervisor Johnson moved to approve the first readings and set the second readings and public hearings for March 27, 2001. The motion carried by the following recorded vote: 104 February 27, 2001 AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS: None Supervisor Church requested that a work session be held on the issue of private and commercial stables at the March 13, 2001 meeting, and the consensus of the Board was to schedule the work session. 1. First reading of ordinance to obtain a Special Use Permit to rezone 200 acres from R-1 Residential District to AG-3 Agriculture and Rural Reserve District and to obtain a Special Use Permit for a commercial stable located on 5350 Poor Mountain Road, Salem, VA 24153, Catawba Magisterial District, upon the petition of Judy Gustafson. 2. First reading of ordinance to rezone 4.369 acres from AG-1 Agriculture, to AR, Agricultural Residential to construct new single family houses located at 1114 Skyview Road (Route 755), Catawba Magisterial District, upon the petition of W. F. Walker. 3. First reading of ordinance to obtain a Special Use Permit to operate an Automobile Dealership, Used on 1.4088 acres located at 3328 Peters Creek Road, Hollins Magisterial District, upon the petition of Marc I. Wilson. 4. First reading of ordinance to obtain a Special Use Permit to 13.4 acres for a private stable located at Carlos Drive (Route 616), Hollins Magisterial District, upon the petition of Larry E. Huffman. 5. First reading of ordinance to rezone 4.068 acres from R-3, Medium Density Residential with conditions to R-3, Medium Density Residential with amended conditions, property located at the intersection of 105 February 27, 2001 Cave Spring Lane and Old Cave Spring Road, Windsor Hills Magisterial District, upon the petition of Jeffrey S. Maronic. IN RE: FIRST READING OF ORDINANCES 1. First reading of ordinance amending Chapter 19, Solicitors and Solicitations of the Roanoke County Code, providing for additional definitions, revisions to procedures for applications, investigations, approvals and denials, and prohibitions against solicitations in public roads. (Paul Mahoney, County Attorney) Mr. Mahoney introduced Dana Lazurri, an intern from Longwood College working in the County Attorneys Office, and advised = that she did the research on this ordinance. Ms. Lazurri reported that this ordinance was prepared to address problems with roadside solicitations and was based on concerns for public safety by the Commonwealths Attorney, the Clerk to the Board of Supervisors and = Chief of the Police Department. The changes to the ordinance are: (1) add seeking donations for individual usage to the current definition of solicitation; (2) eliminate solicitation on the public roads including the median and public right-of-way and shorten the length of time to solicit during the day; (3) revise the application process and the length of the permit from 60 days to 90 days; (4) permit the Clerk to the Board of 106 February 27, 2001 Supervisors to conduct investigations; (5) allow an in-depth appeal process; and (6) allow for appeals of revoked permits to extend beyond the County Administrator to the Board of Supervisors. Supervisor Minnix moved to approve the first reading and set the second reading for March 13, 2001. The motion carried by the following recorded vote: AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS: None 2. First reading of an ordinance amending Section 20- 24, Specific Collection Categories, of Chapter 20, Solid Waste of the Roanoke County Code, to provide for the removal of solid waste containers from the public road after collection, and prescribing penalties therefor. (Paul Mahoney, County Attorney) Mr. Mahoney advised that Supervisor Minnix requested that staff prepare an ordinance to require the removal of solid waste containers from the curbside of a qualified road in a timely manner, which would be no later than 7 p.m. on collection day. This ordinance is based on the same provision in the City of Roanokes code and will = apply only in planned residential subdivisions. The ordinance also prevents residential customers from blocking mail boxes and paper 107 February 27, 2001 boxes with the solid waste containers. He spoke of his concerns about enforcement, and when Roanoke City had similar problems, they hired an inspector to enforce the provisions of the ordinance. Supervisor Minnix advised that he requested this ordinance be prepared after receiving calls from citizens about many problems with the trash cans. Supervisor Church advised that since the County owns the cans, this could be a legal problem. Supervisor McNamara advised that he was not convinced of the need for this ordinance and concerned about hiring and training additional personnel for enforcement. Supervisor Johnson moved to refer this item to a work session on March 13, 2001. The motion carried by the following recorded vote: AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS: None Jim Reynolds, 5139 Cherokee Hills Drive, advised that he agreed that there are problems with the ordinances and that there are no provisions for people who work later than 7 p.m. IN RE: SECOND READING OF ORDINANCES 1. Second reading of ordinance amending and reenacting Section 16-2 and enacting Section 16-9.1 108 February 27, 2001 of the Roanoke County Code to authorize and regulate the employment of police officers and sheriffs = deputies in off-duty circumstances which may require the use of their police powers. (Joe Obenshain, Senior Assistant County Attorney) O-022701-5 Mr. Obenshain advised that there have been no changes since the first reading. There was no discussion and no citizens present to speak on this item. Supervisor Johnson moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS: None ORDINANCE 022701-5 AMENDING AND REENACTING SEC. 16-2. DUTIES AND AUTHORITY OF POLICE DEPARTMENT AND ITS OFFICERS AND ENACTING SEC. 16-9.1. EMPLOYMENT OF OFF-DUTY OFFICERS OF THE ROANOKE COUNTY CODE TO AUTHORIZE AND REGULATE THE EMPLOYMENT OF POLICE OFFICERS AND DEPUTY SHERIFFS IN OFF-DUTY CIRCUMSTANCES WHICH MAY REQUIRE THE USE OF THEIR POLICE POWERS WHEREAS, the authority of local police departments and sheriffs to authorize and regulate the employment of its officers in off- duty circumstances is codified in Section 15.2-1712 of the Code of Virginia, and has further been upheld by a recent decision of the Virginia Supreme Court in the case of Oulds v. Commonwealth, 260 Va 210 (2000); and WHEREAS, the Roanoke County Police Department and the Sheriff of Roanoke County desire to confirm their authority under 109 February 27, 2001 Virginia law to permit law enforcement officers and deputy sheriffs to engage in off-duty employment which may occasionally require the use of their police powers in the performance of such employment in the same manner and with the same legal authority as if performed on- duty; and, WHEREAS, the first reading of this ordinance was held on February 13, 2001, and the second reading was held on February 27, 2001. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia as follows: 1. That Section 16-2. Duties and Authority of Police Department and its Offices, of Chapter 16, Police, of the Roanoke County Code be amended and re-enacted as follows: Sec. 16-2. Duties and authority of police department and its officers. The Roanoke County Police Department shall exercise all the powers and duties imposed upon police by the provisions of chapter 3 of Title 15.1 chapter 17 of Title 15.2 of the Code of Virginia, 1950, as amended, or its successors as it may from time to time appear. The police officers constituting this department are invested with and authorized to exercise all of the power and authority which pertains to the office of constable at common law within the territorial limits of the County of Roanoke, including the Town of Vinton, in taking cognizance of and enforcing the criminal laws of the Commonwealth of Virginia and the ordinances and regulations of the County of Roanoke. 2. That Section 16-9.1. Employment of off-duty officers, of Chapter 16, Police, of the Roanoke County Code be enacted as follows: Sec. 16-9.1. Employment of off-duty officers. In accordance with the authority provided by Section 15.2- 1712 of the Code of Virginia, 1950, as amended, or its successor as it may from time to time appear, police officers and other law enforcement officers in the countys employ may be permitted to engage in 0ff-duty = employment which requires the use of their police powers. The chief of police, and the Sheriff or other supervisor of such law enforcement officers as appropriate, is authorized to adopt reasonable rules and regulations for off-duty employment and all off-duty employment shall be performed in accordance with such rules and regulations. 3. That this ordinance shall be in full force and effect from and after March 1, 2001. On motion of Supervisor Johnson to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS: None 110 February 27, 2001 IN RE: CONSENT AGENDA R-022701-6; R-022701-6.j In response to Supervisor Nickens, Mr. Mahoney advised that his staff had reviewed and was comfortable with the revised Employee Handbook. Supervisor Nickens requested that Human Resources Director Sgroi provide the Board members with the list of items suggested by department directors or employees that were not included in the revision of the Employee Handbook. Chief of Police Lavinder responded to questions from Supervisor Minnix about the request from Police Department for acceptance of Department of Motor Vehicles grant funds for aggressive driver enforcement. Supervisor Nickens moved to adopt the Consent Resolution after discussion of items 8 and 4. The motion carried by the following recorded vote: AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS: None RESOLUTION 022701-6 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 the certain section of the agenda of the Board of Supervisors for 111 February 27, 2001 February 27, 2001, 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. Approval of minutes for January 9, 2001. 2. Ratification of committee appointments to the Virginias First Regional = Industrial Facility Authority and Southwest Development Financing, Inc. 3. Request from Police Department to accept $41,804 V-stop grant for prevention and investigations of violent crimes against women. 4. Request from Police Department for acceptance of Department of Motor Vehicles grant funds for aggressive driver enforcement. 5. Request from schools for acceptance of capital grant in the amount of $804,000 under the Standards of Learning Technology Initiative. 6. Request from schools for acceptance of $21,869 grant from the Virginia Department of Education to be used for Administrative Software Support. 7. Acceptance of water and sewer facilities serving Crestwood Estates. 8. Approval of Revisions to the Employee Handbook. 9. Request from Schools to accept $50,000 grant from the Department of Education for alternative education program. 10. Acceptance of waterline easements for Stonegate Subdivision in the Hollins Magisterial District 11. Acceptance of Brookhaven Court and a portion of Monet Drive into the Virginia Department of Transportation Secondary System. 2. That the Clerk to the Board is hereby authorized and directed where required by law to set forth upon any of said items the separate vote tabulation for any such item pursuant to this resolution. On motion of Supervisor Nickens to adopt the Consent Resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS: None 112 February 27, 2001 RESOLUTION 022701-6.j REQUESTING ACCEPTANCE OF BROOKHAVEN COURT AND A PORTION OF MONET DRIVE INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY SYSTEM WHEREAS, the streets described on the attached Additions Form SR-5(a), fully incorporated herein by reference, are shown on plats recorded in the Clerk's Office of the Circuit Court of Roanoke County, and WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised this Board the streets meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation, and WHEREAS, the County and the Virginia Department of Transportation have entered into an agreement on March 9, 1999, for comprehensive stormwater detention which applies to this request for addition, NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia Department of Transportation to add the streets described on the attached Additions Form SR-5(A) to the secondary system of state highways, pursuant to 33.1-229, Code of ' Virginia, and the Department's Subdivision Street Requirements, and BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts, fills and drainage, and BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. Recorded Vote Moved By: Supervisor Nickens Seconded By: None Required Yeas: Supervisors Johnson, McNamara, Church, Nickens, Minnix Nays: None Absent: None IN RE: REQUESTS FOR WORK SESSIONS Supervisor Church requested a work session on March 13, 2001 for items 1 and 4 of the consent agenda for first readings to determine the Countys position on private and commercial stables. = Supervisor Church requested a work session on street lights at a date to be determined by staff. As stated earlier, Supervisor Johnson requested a work 113 February 27, 2001 session on March 13, 2001 on the proposed ordinance to provide for the removal of solid waste containers from the public road after collection. IN RE: REPORTS Supervisor Johnson moved to receive and file the following reports. The motion carried by a unanimous voice vote. 1. General Fund Unappropriated Balance 2. Capital Fund Unappropriated Balance 3. Board Contingency Fund 4. Future School Capital Reserve 5. Statement of Estimated Revenues and Expenditures for the month ended January 31, 2001 6. Changes to the Virginia Department of Transportation Secondary System in January, 2001 7. Accounts Paid - January 2001 IN RE: CLOSED MEETING It was the consensus of the Board to add an item to the Closed Meeting pursuant to Section 2.1-344 A (7) consultation with legal counsel pertaining to specific legal matter, i.e. Virginia Gas, Item E.4. 114 February 27, 2001 At 5:05 p.m., Supervisor Nickens moved to go into Closed Meeting pursuant to Code of Virginia Section 2.1-344 A (3) discussion on the sale or use of public property, Item U-1, and Salem Bank and Trust building; Section 2.1-344 A (7) consultation with legal counsel pertaining to specific legal matters, i.e. (1) contract negotiations with Division of Motor Vehicles; and (2) Virginia Gas, Item E.4; and Section 2.1-344 A (5) economic development prospect where there has been no previous announcement. The motion carried by the following recorded vote: AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS: None IN RE: CERTIFICATION RESOLUTION R-022701-7 At 7:00 p.m., Supervisor Minnix advised that the Closed Meeting was held 6:45 p.m. due from 5:05 p.m. until 7:00 p.m.; that Supervisor Johnson left the meeting to a potential conflict during discussion of real estate matter; moved to return to open session and adopt the Certification Resolution. The motion carried by the following recorded vote: AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS: None RESOLUTION 022701-7 CERTIFYING THE CLOSED 115 February 27, 2001 MEETING WAS HELD IN CONFORMITY WITH THE CODE OF VIRGINIA WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened a closed meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of The Virginia Freedom of Information Act; and WHEREAS, Section 2.1-344.1 of the Code of Virginia requires a certification by the Board of Supervisors of Roanoke County, Virginia, that such closed meeting was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, hereby certifies that, to the best of each members knowledge: 1. Only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the closed meeting which this certification resolution applies, and 2. Only such public business matters as were identified in the motion convening the closed meeting were heard, discussed or considered by the Board of Supervisors of Roanoke County, Virginia. On motion of Supervisor Minnix to adopt the Certification Resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS: None IN RE: CONTINUATION OF WORK SESSIONS Chairman Minnix announced that the work sessions scheduled earlier were not held because of time constraints but would be heard after the evening session. IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND AWARDS 1. Resolution of Congratulations to Dereck Williams, Glenvar High School, for being named to the All State 116 February 27, 2001 Group A Football Team. R-022701-8 Supervisor Church presented the resolution to Dereck Williams who was accompanied by his family. Supervisor Church moved to adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS: None RESOLUTION 022701-8 OF CONGRATULATIONS TO DERECK WILLIAMS FOR AN OUTSTANDING FOOTBALL SEASON AND BEING NAMED TO ALL-STATE FIRST TEAMS, GROUP A WHEREAS, team sports are an important part of the curriculum at schools in Roanoke County, teaching cooperation, sportsmanship and athletic skill; and WHEREAS, Dereck Williams, a senior at Glenvar High School, had an outstanding season on the football team, catching 51 passes for 731 yards, scoring 13 touchdowns; and had 29 kick returns for 719 yards and 3 touchdowns; and WHEREAS, Dereck set all the Glenvar receiving records and was voted by his teammates as a Team Captain; and WHEREAS, Dereck demonstrated his outstanding athletic ability and good sportsmanship throughout the season; and his positive attitude and great leadership will be missed by the Glenvar community; and WHEREAS, Dereck received the following honors during the 2000 season: First Team - All-District - Wide Receiver and # Return Specialist First Team - All-Region - Wide Receiver and # Return Specialist First Team - V.H.S.C.A. All-State - Wide Receiver # 117 February 27, 2001 First Team - Associated Press All-State - Wide # Receiver First Team - All-Timesland - Return Specialist # NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia does hereby extend its sincere congratulations to DERECK WILLIAMS for an outstanding football season and being named to All-State First Teams, Group A. BE IT FURTHER RESOLVED, that the Board of Supervisors extends its best wishes to Dereck Williams in all of his future endeavors. On motion of Supervisor Church to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS: None 2. Proclamation declaring February 2001 as School Board Appreciation Month. Chairman Minnix presented the proclamation to the Chairman of the School Board Mike Stovall. Supervisor Church recognized that Catawba Board Member Roark was also present. Supervisor Nickens moved to approve the proclamation. The motion carried by the following recorded vote: AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS: None IN RE: PUBLIC HEARINGS 1. Public Hearing to receive citizen comments on redistricting Roanoke County as a result of the most recent decennial census. (Paul Mahoney, County 118 February 27, 2001 Attorney) Mr. Mahoney advised that in 1991, the Board held a public hearing to establish procedures to go forward with redistricting at that time and is now repeating a similar action. He advised that letters have been sent to each member of the School Board, to neighborhoods and civic associations, and advertisements have been placed in various papers. He advised that he has prepared an outline that sets out the constitutional and statutory requirements that the law imposes for redistricting. On page 3 of the outline, Item VII sets out some of the policy guidelines from comments made by the Board members. He requested that the Board hold the public hearing and if there are any additional guidelines or policies that the Board would like to follow or apply, he would draft a resolution and bring that back to the Board on March 13, 2001. The actual census data for Roanoke County should be received by the end of March. The committee appointed by the Board consisting of Registrar Diane St. John, County Planner Terry Harrington and Mr. Mahoney will draft several alternatives to redistrict the County based upon that census data and bring them back to the Board some time in April or May. At that time, the Board would hold another public hearing and could adopt the plan in May or June. Chairman Minnix asked members of Boy Scout Troop 352 119 February 27, 2001 who were present to introduce themselves. The following citizens spoke concerning redistricting: (1) Bill Overstreet, 4930 North Spring Drive, speaking on behalf of the North Lakes community, advised that they would prefer to keep their community in one district, either Catawba or Hollins, and not be divided between the two districts. (2) Mike Stovall, 1615 Mountain View Road, (Chairman of the School Board and Vinton representative) advised that he was not representing the School Board but speaking as a citizen to present an idea on redistricting. He requested that the Board think about the possibility of placing Northside High School and Northside Middle Schools in the Hollins District. He advised that this may not be possible because of the lines or census data, but with the opening of the new Hidden Valley High School, it would give an opportunity for all five districts to claim a high school. (3) Annie Krochalis, 9428 Patterson Drive, President of the Bent Mountain Civic League, spoke of her concerns about the needs at the Bent Mountain Library, lack of Fire and Rescue staffing, request for bottled water at the elementary school, the gas pipeline and its effect on the future of rural lands. She reported on subjects covered at the recent Bent Mountain Civic League meeting, and thanked the Board for 120 February 27, 2001 sending notices and having a public hearing on redistricting. She encouraged the Board to have citizen involvement in the redistricting process because this is another way citizens in the Bent Mountain area can get their concerns heard. (4) Marion Roark, 5358 Glenvar Height Boulevard, Catawba School Board member, spoke in opposition to Mr. Stovalls suggestion = about moving the Northside Schools from the Catawba District into the Hollins District. She advised that this would have a great impact on the community since the North Lakes subdivision touches the Northside property and encircles the property on three sides with the fourth side connected to Roanoke City property. It would be very detrimental to carve out this piece of the Catawba District. Northside High School has always had students attending who live in two districts even when the school was formerly in the Hollins District and is currently half and half. Supervisor Johnson advised that the Board members should have no input into this process and the committee appointed should set up the criteria and guidelines. He advised that he did not think Northside High School should be split between two districts. Supervisor Church advised that he feels that Northside should also stay intact in one district and would abide by the committees decision. = 121 February 27, 2001 IN RE: PUBLIC HEARINGS AND SECOND READING OF ORDINANCES 1. Second reading of ordinance to rezone 2.16 acres from C-1 Office District with conditions to C-1 Office District with Conditions and to obtain a Special Use Permit for religious assembly, located at 5422 Starkey, Road, Cave Spring Magisterial District upon the petition of the Trustees of Korean Baptist Church. (Terry Harrington, County Planner) O-022701-9 Mr. Harrington advised that is a request to amend the conditions on an existing piece of property on Starkey Road and obtain a special use permit for the construction and use of a religious assembly. The Planning Commission recommended approval of the rezoning request with six conditions and approval of the special use permit. He advised that two members of the Planning Commission voted not to approve the requests because they felt that Starkey Road was gradually becoming a commercial corridor and this property should continue to be used for commercial purposes. Ed Natt, representing the Korean Baptist Church, responded to inquiries from the Board members. There were no citizens present to speak on this item. Supervisor Minnix moved to adopt the ordinance with conditions. The motion carried by the following recorded vote: 122 February 27, 2001 AYES: Supervisors McNamara, Church, Nickens, Minnix NAYS: Supervisor Johnson ORDINANCE 022701-9 TO CHANGE THE ZONING CLASSIFICATION OF A 2.16-ACRE TRACT OF REAL ESTATE LOCATED AT 5422 STARKEY ROAD (TAX MAP NOS. 87.19-2-4 & 5) IN THE CAVE SPRING MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF C-1 OFFICE DISTRICT WITH CONDITIONS TO THE ZONING CLASSIFICATION OF C-1 OFFICE DISTRICT WITH CONDITIONS, AND GRANTING A SPECIAL USE PERMIT FOR RELIGIOUS ASSEMBLY, UPON THE APPLICATION OF THE TRUSTEES OF THE KOREAN BAPTIST CHURCH WHEREAS, the first reading of this ordinance was held on January 23, 2001, and the second reading and public hearing were held February 27, 2001; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on February 6, 2001; and WHEREAS, legal notice and advertisement has been provided as required by law. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the zoning classification of a certain tract of real estate containing 2.16 acres, as described herein, and located at 5422 Starkey Road (Tax Map Numbers 87.19-2-4 & 5) in the Cave Spring Magisterial District, is hereby changed from the zoning classification of C-1, Office District with conditions, to the zoning classification of C-1, Office District with conditions. 2. That this action is taken upon the application of The Trustees of the Korean Baptist Church. 3. That the owner of the property, Jack G. Bess, has voluntarily proffered in writing the following conditions which the Board of Supervisors of Roanoke County, Virginia, hereby accepts: (1) There shall be only one entrance on Starkey Road. (2) Property shall be used solely for religious assembly purposes. (3) Signage shall be no greater than 6 feet in height and have an area of no greater than twenty 123 February 27, 2001 square feet. Signage shall be front lit. (4) All parking shall be located behind the front line of the existing building. (5) Any lighting on the parking area shall not exceed twenty feet in height. (6) The property will be developed in accordance with the site plan entitled, "Preliminary Site Plan, Korean Baptist Church, New Building, 5422 Starkey Road," prepared by Gozalo Gouffray under the date of November 11, 2001, revised 2/2/2001. 4. That said real estate is more fully described as follows: Beginning at a point at the northwest corner of Lot 5, Section 2, Map of Southern Pines (PB 2, page 138) on the easterly side of Starkey Road (Virginia Route 904); thence N. 35 deg. 56' E. 135.10 feet ; thence N. 31 deg. 10' E. 10.9 feet; thence N. 30 deg. 59' E. 77.60 feet; thence S. 65 deg. 55' E. 412.00 feet; thence S. 24 deg. 05' W. 220.00 feet; thence N. 65 deg. 55' W. 451.90 feet to the Point and Place of Beginning, being all of Lot 3 and Lot 4, Section 2, Map of Southern Pines. 5. That the Board finds that the granting of a special use permit to The Trustees of the Korean Baptist Church for religious assembly to be located at 5422 Starkey Road (Tax Map No. 87.19-2-4 & 5) in the Cave Spring Magisterial District is substantially in accord with the adopted 2000 Community Plan pursuant to the provisions of ' 15.2-2232 of the 1950 Code of Virginia, as amended, and said Special Use Permit is hereby approved subject to the conditions set out in paragraph 3 above. 6. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed to amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. On motion of Supervisor Minnix to adopt the ordinance with conditions, and carried by the following recorded vote: AYES: Supervisors McNamara, Church, Nickens, Minnix NAYS: Supervisor Johnson 124 February 27, 2001 2. Second reading of ordinance to rezone 1.31 acres from R-1 Low Density Residential to R-4 High Density Multi-Family Residential located at 6621 Peters Creek Road, Hollins Magisterial District, upon the petition of Jones and Jones Associates. (Terry Harrington, County Planner) O-022701-10 Mr. Harrington advised that this is a request to rezone property located off Peters Creek Road and the applicant anticipates using this parcel to give road frontage to the landlocked parcel behind this one which is currently zoned R-4 Residential. This property is located in a mixed use neighborhood with offices, general commercials use and multi-family residential uses in close proximity. The Planning Commission voted to approve the rezoning but two commissioners voiced concern regarding the Virginia Department of Transportation statement that a new median cut would not be allowed. There was also concern that a multi-family project would have a significant negative impact on the traffic along Peters Creek Road. There was no discussion and no citizens present to speak on this item. Supervisor Johnson moved to adopt the ordinance. The motion carried by the following recorded vote: 125 February 27, 2001 AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS: None ORDINANCE 022701-10 TO CHANGE THE ZONING CLASSIFICATION OF A 1.31-ACRE TRACT OF REAL ESTATE LOCATED AT 6621 PETERS CREEK ROAD (TAX MAP NO. 27.14-2-12) IN THE HOLLINS MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF R-1, LOW DENSITY RESIDENTIAL DISTRICT, TO THE ZONING CLASSIFICATION OF R-4, HIGH DENSITY MULTI-FAMILY RESIDENTIAL DISTRICT, UPON THE APPLICATION OF JONES & JONES ASSOCIATES WHEREAS, the first reading of this ordinance was held on January 23, 2001, and the second reading and public hearing were held February 27, 2001; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on February 6, 2001; and WHEREAS, legal notice and advertisement has been provided as required by law. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the zoning classification of a certain tract of real estate containing 1.31 acres, as described herein, and located at 6621 Peters Creek Road (Tax Map Number 27.14-2-12) in the Hollins Magisterial District, is hereby changed from the zoning classification of R-1, Low Density Residential District, to the zoning classification of R- 4, High Density Multi-Family Residential District. 2. That this action is taken upon the application of Jones & Jones Associates. 3. That said real estate is described as Tax Parcel #27.14- 2-12. 4. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed to amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. On motion of Supervisor Johnson to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix 126 February 27, 2001 NAYS: None 3. Second reading of ordinance to rezone 3 acres from AR Agricultural Residential to C-2 with Clearbrook Village Overlay District with conditions for retail sales located at 5679 Franklin Road, Cave Spring Magisterial District, upon the petition of Mi Suk Perry. (Terry Harrington, County Planner) O-022701-11 Mr. Harrington advised that this is a petition to rezone property and convert a house to a retail/catering operation. This is the first request that the Board has received using the Clearbrook Village Overlay District zoning which was adopted in December, 2000. The Planning Commission recommended approval with three proffered conditions but also advised the petitioner of the potential costs of access improvements as may be required by VDOT. Ms. Perry was present and responded to inquiries from the Board members. In response to an inquiry from Supervisor Minnix, Mr. Mahoney advised that the applicant has agreed to the proffered condition that the property shall only be used for a retail candy store and catering operation. This limits the use of the property and the applicant would have to come back to the Board for any other use. Mr. Mike Wray, 5650 Yellow Mountain Road, President of the Clearbrook Civic League, advised that the proffered conditions addressed the concerns that the 127 February 27, 2001 community had. He also advised that an adjacent property owner who could not be present was concerned about flooding problems since the pipes that runs under the property are too small and get stopped up at times, and asked that these be kept clear. He welcomed Ms. Perry to ths Clearbrook community. Supervisor Minnix asked that the petitioner make every attempt to keep the culverts clear and the water flowing. Supervisor Johnson advised that he would abstain from the vote because a realtor at his firm is involved in the sale of the property. Supervisor Minnix moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Church, Nickens, Minnix NAYS: None ABSTAIN: Supervisor Johnson ORDINANCE 022701-11 TO CHANGE THE ZONING CLASSIFICATION OF A 3-ACRE TRACT OF REAL ESTATE LOCATED AT 5679 FRANKLIN ROAD (TAX MAP NO. 98.02-2-14) IN THE CAVE SPRING MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF AR TO THE ZONING CLASSIFICATION OF C-2CVOD, WITH CONDITIONS, UPON THE APPLICATION OF MI SUK PERRY WHEREAS, the first reading of this ordinance was held on January 23, 2001, and the second reading and public hearing were held February 27, 2001; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on February 6, 2001; and WHEREAS, legal notice and advertisement has been provided as required by law. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 128 February 27, 2001 1. That the zoning classification of a certain tract of real estate containing 3 acres, as described herein, and located at 5679 Franklin Road (Tax Map Number 98.02-2-14) in the Cave Spring Magisterial District, is hereby changed from the zoning classification of AR, Agricultural District, to the zoning classification of C-2CVOD, General Commercial District, Clearbrook Village Overlay District. 2. That this action is taken upon the application of Mi Suk Perry. 3. That Mi Suk Perry, as contract purchaser of the property, has voluntarily proffered in writing the following conditions which the Board of Supervisors of Roanoke County, Virginia, hereby accepts: (1) The property shall only be used for a retail candy store and catering operation. (2) All commercial activities shall take place within the existing home on the property. Any additions or exterior renovations to the home for commercial purposes shall be consistent with CVOD zoning standards and CVOD Design Guidelines as contained in the Community Plan. (3) A site plan shall be submitted for approval prior to the commercial use of this property. The site plan shall comply with all requirements of the CVOD. If in the opinion of the zoning administrator, the site plan does not comply with the standards, the zoning administrator shall require that a special use permit be obtained for the use pursuant to Section 30-58-3 of the zoning ordinance. 4. That said real estate is more fully described as follows: Beginning at a point on the west right-of-way line of U.S. Route 220, common corner to property now or formerly owned by Richard H. Fisher, said point being S. 50 deg. 24' 44" E. 62.81 feet from an existing monument; thence with the Fisher line, S. 56 deg. 36' 40" W. 423.30 feet to a point on the line of property now or formerly owned by Betty F. and Michelle Kidd; thence with the Kidd line, N. 8 deg. 59' 20" W. 500.00 feet to a point corner to property now or formerly owned by Lizzie Inez Simmons; thence with the Simmons line, N. 75 deg. 08' 02" E. 228.60 feet to a point on 129 February 27, 2001 the west right-of-way line of U. S. Route 220; thence with the west right-of-way line of U. S. Route 220, the following two courses and distances: S. 11 deg. 26' 06" E. 112.33 feet to a point and S. 47 deg. 22' 52" E. 112.33 feet to a point; thence continuing with the west right-of-way line of U. S. Route 220 and a curve to the left with a radius of 1225.92 feet and a chord bearing and distance of S. 38 deg. 23' 15" E. 170.18 feet, an arc distance of 170.32 feet to the Place of Beginning and containing 3.00 acres as shown on survey by Jack G. Bess, CLS, dated July 9, 1996, recorded in Deed Book 1514, page 78. 5. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed to amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. On motion of Supervisor Minnix to adopt the ordinance with conditions, and carried by the following recorded vote: AYES: Supervisors McNamara, Church, Nickens, Minnix NAYS: None ABSTAIN: Supervisor Johnson 4. Second reading of ordinance to rezone a portion of a 1.94 acres from AR Agricultural Residential to AV Agricultural Village and to obtain a Special Use Permit with conditions for a Garden Center located in the 7700 block of Bent Mountain Road, Windsor Hills Magisterial District, upon the petition of Tracy A. Bryant. (Terry Harrington, County Planner) O-022701-12 Mr. Harrington advised that is a request to rezone the front portion of the 130 February 27, 2001 petitioners property and obtain a special use permit to allow the operation of a garden = center. The petitioner would like to sell mulch and topsoil and potentially decorative stone from the front part of the property. He does not envision having a full scale garden center operation but he would like to sell those bulk products. The Planning Commission recommended approval with nine conditions. In response to Supervisor McNamaras = inquiry about spontaneous combustion of mulch in the past, Mr. Harrington advised that this is a retail operation and one of the conditions eliminates the grinding of material. There were no citizens present to speak on this item. Supervisor McNamara moved to adopt the ordinance with conditions. The motion carried by the following recorded vote: AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS: None ORDINANCE 022701-12 TO CHANGE THE ZONING CLASSIFICATION OF A PORTION OF A 1.94-ACRE TRACT OF REAL ESTATE LOCATED IN THE 7700 BLOCK OF BENT MOUNTAIN ROAD (PORTION OF TAX MAP NO. 95.01-1- 45) IN THE WINDSOR HILLS MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF AR TO THE ZONING CLASSIFICATION OF AV, AND GRANTING A SPECIAL USE PERMIT WITH CONDITIONS FOR THE OPERATION OF A GARDEN CENTER, UPON THE APPLICATION OF TRACY A. BRYANT WHEREAS, the first reading of this ordinance was held on January 23, 2001, and the second reading and public hearing were held February 27, 2001; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on February 6, 2001; and WHEREAS, legal notice and advertisement has been provided as required by law. 131 February 27, 2001 BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the zoning classification of a certain tract of real estate being a portion of a 1.94-acre tract and containing 0.763 acres, as described herein, and located in the 7700 block of Bent Mountain Road (Portion of Tax Map Number 95.01-1-45) in the Windsor Hills Magisterial District, is hereby changed from the zoning classification of AR, Agriculture/Residential District, to the zoning classification of AV, Village Center District. 2. That this action is taken upon the application of Tracy A. Bryant. 3. That said real estate is more fully described as follows: Beginning at an iron pin found on the southern right-of-way of Bent Mountain Road (Route 221), said point being the northwest property corner of the now or formerly Roanoke County Board of Supervisors (DB 1475, page 646, Tax Map No. 95.01-1-46); thence leaving said right-of-way and with the western line of said Roanoke County Board of Supervisors S. 26 deg. 43' 40" E. 84.95 feet to a point in the center of Back Creek; thence continuing with the centerline of said Back Creek S. 15 deg. 12' 39" W. 61.67 feet to a point; thence continuing with the centerline of said Back Creek S. 33 deg. 28' 41" W. [S1.31] sic feet to a point; thence S. 48 deg. 35' 18" W. 120.47 feet to a point at the intersection of the centerline of Back Creek and the centerline of Martin's Creek; thence leaving said Back Creek and with the centerline of Martin's Creek N. 73 deg. 52' 42" W. 91.16 feet to a point; thence N. 84 deg. 43' 52" W. 70.79 feet to a point on the said southern right-of-way of Bent Mountain Road (Route 221); thence leaving said Martin's Creek and continuing with the southern edge of said right-of-way N. 48 deg. 24' 30" E. 340.54 feet to the Point of Beginning, containing 0.763 acres of land. 4. That the Board finds that the granting of a special use permit to Tracy A. Bryant for the operation of a Garden Center to be located in the 7700 block of Bent Mountain Road (Portion of Tax Map No. 95.01-1-45) in the Windsor Hills Magisterial District is substantially in accord with the adopted 2000 Community Plan pursuant to the provisions of 15.2-2232 of the 1950 Code of Virginia, as amended, and ' said Special Use Permit is hereby approved with the following conditions: 132 February 27, 2001 (1) The ten-foot planting strip shall be provided adjacent to Bent Mountain Road right-of-way. Within the planting strip, one small evergreen tree shall be planted every ten linear feet. The landscaping requirements shall comply with the requirements contained in Section 30-92. (2) There shall be no sale or storage of fertilizers, pesticides or petroleum products on the site. (3) As part of site plan review the limits of the FEMA designated flood way shall be established by a Virginia licensed surveyor or engineer and permanently marked on the ground. (4) No equipment or products shall be stored in the FEMA designed flood way. (5) As a part of site plan review a Virginia licensed engineer shall prepare a plan designed to prevent bulk products stored on the site from encroaching into the FEMA flood way. (6) No temporary portable signs may be used on the property. (7) Only a monument sign shall be used as a freestanding sign. The sign shall have a maximum height of seven feet and no greater than 28 square feet of copy area. (8) There shall be no grinding, chipping or processing of mulch, raw wood or other product on this site. (9) There shall be no wholesale distribution or sale of products from the site. 5. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed to amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. 133 February 27, 2001 On motion of Supervisor McNamara to adopt the ordinance with conditions, and carried by the following recorded vote: AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS: None 5. Second reading of ordinance authorizing the vacation of a portion of an existing 15-foot sanitary sewer easement and acceptance of a relocated portion of the same easement across Lot 17, Section I, Phase III, Ruxton of Roanoke located in the Cave Spring Magisterial District. (Terry Harrington, County Planner) O-022701-13 Mr. Harrington advised that there have been no changes since the first meeting. There was no discussion and no citizens present to speak on this item. Supervisor Minnix moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS: None ORDINANCE 022701-13 AUTHORIZING THE VACATION OF A PORTION OF AN EXISTING 15-FOOT SANITARY SEWER EASEMENT AND ACCEPTANCE OF A RELOCATED PORTION OF THE SAME EASEMENT ACROSS LOT 17, SECTION 1, PHASE III, RUXTON OF ROANOKE (PLAT BOOK 9, PAGE 142; TAX MAP NO. 87.10-1-17) 134 February 27, 2001 WHEREAS, by subdivision plat entitled PLAT OF SECTION 1, > PHASE III, RUXTON OF ROANOKE, dated June 22, 1979, and recorded = in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Plat Book 9, page 142, a fifteen-foot (15') sanitary sewer easement was dedicated and shown across the lots in said subdivision, being designated therein as 15' SANITARY SEWER ESMT.; and, A@ WHEREAS, the Petitioner, Camilla L. Jones, is the owner of Lot 17, Section 1, Phase III, Ruxton of Roanoke; and, WHEREAS, a recent survey of said property reflects that the residential structure located thereon encroaches into the sanitary sewer easement and a portion of the sanitary sewer facilities are located outside of the existing easement; and, WHEREAS, the Petitioner has requested that, pursuant to 15.2-2272.2 of the Code of Virginia (1950, as amended), the Board of ' Supervisors of Roanoke County, Virginia, vacate the existing 15' sanitary sewer easement and accept in exchange a new 15' sanitary sewer easement across Lot 17; and, WHEREAS, this vacation will not involve any cost to the County and the affected County departments have raised no objection; and, WHEREAS, notice has been given as required by 15.2-2204 ' of the Code of Virginia (1950, as amended), and the first reading of this ordinance was held on February 13, 2001; the public hearing and second reading of this ordinance was held on February 27, 2001. THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the 15' sanitary sewer easement across Lot 17, Section 1, Phase III, Ruxton of Roanoke (Tax Map No. 87.10-1-17), being designated and shown as EXIST. 15' SAN. SEWER ESMT. TO BE A VACATED on Exhibit A attached hereto, said easement having been @ dedicated on PLAT OF SECTION 1, PHASE III, RUXTON OF ROANOKE, >= dated June 22, 1979, and recorded in the aforesaid Clerk's Office in Plat Book 9, page 142, in the Cave Spring Magisterial District of the County of Roanoke, be, and hereby is, vacated pursuant to 15.2-2272 of the ' Code of Virginia (1950, as amended), subject to the conditions contained herein. 2. That, in exchange, acquisition and acceptance of a new 15' sanitary sewer easement across Lot 17, being designated and shown as NEW 15' SAN. SEWER ESMT. TO BE DEDICATED on Exhibit A@ A attached hereto, be and hereby is, authorized and approved; and, 3. That all costs and expenses associated herewith, including but not limited to publication, survey and recordation costs, 135 February 27, 2001 shall be the responsibility of the Petitioner. 4. That the County Administrator, or an Assistant County Administrator, is hereby authorized to execute such documents and take such actions as may be necessary to accomplish the provisions of this ordinance, all of which shall be on form approved by the County Attorney. 5. That this ordinance shall be effective on and from the date of its adoption, and a certified copy of this ordinance shall be recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in accordance with 15.2-2272.2 of the Code of Virginia (1950, ' as amended). On motion of Supervisor Minnix to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS: None IN RE: SECOND READING OF ORDINANCES 1. Ordinance accepting an offer for and authorizing the sale of 37.86 acres of real estate located in the City of Salem -The Lloyd Property, Tax Map No. 194-1-1. (Paul Mahoney, County Attorney) (ACTION CONTINUED FROM 2/13/01) Chairman Minnix advised that it was the consensus of Board members from their discussion in the Closed Meeting that staff should go back and negotiate further between the two offers already made. Nancy Holt Setliff, 1975 Gravis Lane, inquired if multi-family housing was being developed; that she thought single family housing would be suitable; and if the Board knew exactly what development was being planned. Supervisor Johnson advised that information about 136 February 27, 2001 the offers could not be revealed at this time; that no residential use was involved; and that citizens would have another opportunity to speak when the information is made public. IN RE: CITIZENS COMMENTS AND COMMUNICATIONS = Mr. Bill Overstreet, spoke of his concerns with the proposed ordinance requiring citizens to removing their trash cans which was discussed earlier in the meeting. He asked that he be notified when the date for the work session is set. Chairman Minnix asked Mr. Hodge to make sure that Mr. Overstreet is notified of the date when the work session is scheduled. IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS Supervisor Church: (1) He advised that the Northside High School boys Basketball Team is playing in a regional tournament tonight. (2) He advised that he favors raising the gross income amount to receive tax relief to possibly $50,000. Supervisor Nickens: (1) He asked Mr. Hodge for the status of webcasting the Board meetings. General Services Director Green and Community Relations Director Scearce responded and Mr. Hodge advised that the project is moving forward. 137 February 27, 2001 Supervisor Johnson: (1) He advised that the current decisions on the state budget will prove devastating to the County budget. Supervisor McNamara: (1) He reported on the School Construction Committee meeting that he attended this morning and advised that Hidden Valley High School and Glenvar Middle School projects are on schedule and progressing well. (2) He advised that he believes the County revenues are in decent shape but with questions about the state budget, the County cannot set tax rates. He believes that all taxes should be discussed including BPOL taxes and it is premature to increase exemption amount for tax relief. Supervisor Church responded that he was alerting the Board to the need for an increase in the exemption amount for tax relief but understood that it would require legislative approval. Supervisor Minnix: (1) He advised that the Cave Spring High School Swim Team won State honors and asked that they be recognized at a Board meeting. (2) He advised that Cave Spring High School girls and boys Basketball Teams are playing in regional tournaments tonight. (3) He advised that Spike Harrison had resigned from the Metropolitan Planning Organization since he is now coaching softball at Glenvar High School. Supervisor McNamara suggested that 138 February 27, 2001 Supervisor Church be appointed and Supervisor Church indicated that he was willing to accept the appointment. (4) He advised that the residents from Georgetown Park want to put up sign at entrance on Colonial Drive and asked staff to get them any information necessary to do this. (5) He advised that he received a complaint from a resident concerning speeding and trash from the construction of Hidden Valley High School, and asked that Clerk send a copy of this complaint to the Chairman of the School Board. IN RE: WORK SESSIONS 1. Changes in work hour schedules for Fire and Rescue Department staff. (Rick Burch, Fire and Rescue Chief) The work session was held from 8:45 p.m. until 9:00 p.m. and was presented by Chief Burch. Chief Burch advised that the Fire & Rescue Department is changing to meet the needs of the citizens to 24- hour Advanced Life Support (ALS) Countywide ambulance coverage. He advised that the Fair Labor Standards Act was changed to allow the overtime threshold to be 212-hours in 28 day cycle. For the County to go to the 24-hour shift, personnel would work an average of 56 hours per week, or 224-hours in a 28 day cycle which would result in 12 hours of overtime. This is comparable with other jurisdictions, and he 139 February 27, 2001 advised that he has met with Fire & Rescue employees to review these plans and has received no negative feedback. 2. Budget Work Session (Brent Robertson, Budget Director) The work session was held from 9:00 p.m. until 9:07 p.m., and it was the consensus of the Board that there were too many unknowns about the States budget and not enough local information = available to justify discussion at a work session. 3. Courthouse renovation and repairs. (Anne Marie Green, General Service Director) It was the consensus of the Board that this work session was not necessary and it was cancelled. IN RE: ADJOURNMENT At 9:07 p.m., Chairman Minnix moved to adjourn the meeting. The motion carried by the following recorded vote: AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS: None Submitted by, Approved by, 140 February 27, 2001 __________________ ________________ Brenda J. Holton, CMC H. Odell Minnix Deputy Clerk to the Board Chairman