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HomeMy WebLinkAbout8/28/2001 - Regular August 28, 2001 489 Roanoke County Administration Center 5204 Bernard Drive Roanoke, Virginia 24018 August 28, 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 August, 2001. IN RE: CALL TO ORDER Chairman Minnix called the meeting to order at 3:00 p.m. The roll call was taken. MEMBERS PRESENT: Chairman H. Odell "Fuzzy" Minnix, Vice-Chairman Joseph “Butch” Church, Supervisors Bob L. Johnson, Joseph (Arrived 3:17 p.m.) McNamara, Harry C. Nickens MEMBERS ABSENT: None STAFF PRESENT: Elmer C. Hodge, County Administrator; Paul M. Mahoney, County Attorney; Mary H. Allen, Clerk to the Board; John M. Chambliss, Assistant County Administrator; Dan R. O’Donnell, Assistant County Administrator; Kathi B. Scearce, Community Relations Director IN RE: OPENING CEREMONIES The invocation was given by Gardner W. Smith, Director of Purchasing. The Pledge of Allegiance was recited by all present. August 28, 2001 490 IN RE: REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF AGENDA ITEMS Mr. Hodge moved Item E-1, Resolution approving application for the 2001 Fall VPSA Subsidy Sale for $13,745,000 until arrival of School Superintendent Weber and School Board members. Ms. Allen requested that Item C-1, resolution honoring Delegate C. Richard Cranwell be postponed until Delegate Cranwell arrives. IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND AWARDS 1. Resolution of Appreciation to C. Richard Cranwell for his service to Roanoke County and the Commonwealth of Virginia as a member of the General Assembly. R-082801-1 Delegate Cranwell was present to accept the resolution. Supervisor Nickens presented him with a Roanoke County brass paperweight. Supervisor Johnson moved to adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS: None August 28, 2001 491 RESOLUTION 082801-1 EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY TO THE HONORABLE C. RICHARD CRANWELL FOR HIS SERVICE TO THE RESIDENTS OF ROANOKE COUNTY AND THE COMMONWEALTH OF VIRGINIA AS A MEMBER OF THE VIRGINIA HOUSE OF DELEGATES WHEREAS, C. Richard Cranwell was first elected to the House of Delegates th in 1972; representing the 14 House District which includes portions of the County of Roanoke; and WHEREAS, Delegate Cranwell has served his constituents on many House committees including Counties, Cities and Towns, Finance, Labor and Commerce, and Rules; and WHEREAS, for many years, Delegate Cranwell was elected the House Majority Leader by his peers, and currently serves as the House Minority Leader; and WHEREAS, in 1986, Delegate Cranwell was the Chief Patron of the Roanoke County Charter Bill, resulting in Roanoke County becoming the first chartered County in the State of Virginia; and WHEREAS, Delegate Cranwell, as a result of his outstanding legislative abilities, has been of great assistance to Roanoke County by supporting or sponsoring many of our legislative initiatives including: · Enhanced taxing authority for Roanoke County similar to those allowed in Virginia Cities · Funding for Roanoke County’s Police Department · Creation of the Roanoke Regional Airport Commission; and WHEREAS, Delegate Cranwell has also been active in his community serving on the McVitty House Board of Directors, former president of the Dogwood Festival, Roanoke Valley Juvenile Diabetes Foundation Board of Directors, and legal advisor to the Vinton Drug Control Council, Vinton Chamber of Commerce and Vinton, Mount Pleasant and Montvale Rescue Squads. NOW THEREFORE BE IT RESOLVED that the Board of Supervisors of Roanoke County, Virginia, expresses its deepest appreciation to C. Richard Cranwell for his many years of service to the residents of Roanoke County as a member of the House of Delegates and an active citizen in the Roanoke Valley community; and FURTHER, the Board wishes Delegate Cranwell success in all his future endeavors. On motion of Supervisor Johnson to adopt the resolution, and carried by the following recorded vote: August 28, 2001 492 AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS: None IN RE: BRIEFINGS 1. Briefing and Presentation from Virginia Amateur Sports, Inc. on the 2001 Commonwealth Games of Virginia (Peter Lampman, President, Virginia Amateur Sports) The presentation was made by Mr. Lampman who also gave the Board a plaque in honor of the County’s contributions. Mr. Lampman reported that the Commonwealth Games were instituted in July 1990 to promote and recognize the efforts of amateur athletes in all ages and demographic areas. More than 4,400 athletes competed in 29 sports the first year. In July 2001, 10,041 athletes traveled to compete in 45 sports bringing the 12th year total to over 100,000 athletes. He explained that the average length of stay in the Roanoke Valley was 2.18 days with $112.50 the cost of an overnight’s travel. Day travelers spent approximately $30.00 per day. The total impact of the 2001 Commonwealth Games to the Roanoke Valley was estimated at $8,381,219. with sales tax revenues estimated at $215,039. IN RE: NEW BUSINESS 1. Request to adopt a resolution approving application to August 28, 2001 493 participate in the 2001 Fall VPSA Subsidy Sale for $13,745,000 and notice of public hearing for September 25, 2001. (Diane Hyatt, Chief Financial Officer) R-082801-2 This item was heard at 4:50 p.m. following the closed meeting. 2. Request for approval of amendments to the Investment Policy. (Alfred C. Anderson, County Treasurer) A-082801-3 Mr. Anderson reported that the County has had an investment policy since 1987. At the time the original policy was adopted, it was announced that the policy was a living document and would need to be revised from time to time to address changing circumstances. It has been amended by the Board in 1992, 1994, 1995, and 1997. He advised that during the first quarter of this year, the County avoided the loss of public funds due to the default by PG & E on its commercial paper obligations to the County. The Board directed staff to review the investment policy and, if necessary, recommend amendments to the investment policy to minimize the possibility of a similar default risk in the future. It was agreed at a work session on July 10, 2001, that the Treasurer would August 28, 2001 494 immediately include a cap of $1 million on any one prime quality commercial paper investment, and that this cap would be added to the investment policy and returned to the Board for adoption. The proposed policy includes the following: (1) The “Prudent Investor” standard found on page 7; (2) The diversification percentages and standards found on pages 9 through 11, and; (3) The “prime quality commercial paper” provisions found on pages 16 through 18. Mr. Anderson advised that in the “Reports” section of the August 14 agenda packet a report called “Investment Summary - Fiscal Year Ended June 30, 2001 summarized investments in the various categories over the past year and the return realized on these various investments. The report noted data on the investment made and the return on commercial paper investments to answer questions posed by the Board during the July 10, 2001 work session. Supervisor McNamara asked that if the County purchases $1 million in commercial paper, is this purchased at a discount? Mr. Anderson responded that the face value is $1 million but it is purchased at a discount. Supervisor Johnson moved to approve amendments with sentence in Board report concerning transfer of authority to the Audit Committee deleted. The motion carried by the following recorded vote: AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix August 28, 2001 495 NAYS: None 3. Request to award contract and appropriate $12,000 for the Citizen Satisfaction Survey. (Kathi Scearce, Community Relations Director) A-082801-4 Ms. Scearce reported that at the instruction of the Board, staff administers a Citizen Satisfaction Survey every other year. Since the mid 1990s, staff has contracted with various offerors in the administration of this service. Prospective offerors for the 2001 survey were sent a Request for Proposal (RFP). Staff from Budget, Community Relations and Purchasing formed a committee to review the five responses received. Firms submitting were BKL Research & Consulting, Martin Research, Inc., the UVa Center for Survey Research, the VCU Center for Public Policy and Virginia Tech’s Center for Survey Research. To present an objective recommendation to the Board, the committee ranked proposals based on the evaluation criteria. Interviews were conducted with each of the offerors, after which the committee completed the second and final ranking. Negotiations were then conducted with the top three ranked offerors to secure the best equitable contract for the County, and a Notice of Award has been issued to Martin Research contingent on the Board appropriating funding for the survey. August 28, 2001 496 Ms. Scearce advised that the survey would be administered to 500 people via the telephone during the months of September and October. Staff has negotiated a fee of $12,000 for the survey. Martin Research will work with staff in conducting the survey with a presentation of a finished, quality report to the Board of Supervisors. Ms. Scearce recommended that the Board approve appropriating $12,000 from the Board Contingency Fund and awarding the contract to Martin Research. There was no discussion and Supervisor Minnix moved to award contract to Martin Associates and appropriate $12,000 from Board Contingency Fund. The motion carried by the following recorded vote: AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS: None 4. Request to approve agreement for project based financing and amendment to Participation Agreement for New River Valley Commerce Park. (Joseph B. Obenshain, Sr. Assistant County Attorney) R-082801-5.a R-082801-5.b Mr. Obenshain advised that the County is one of the initial members of August 28, 2001 497 Virginia’s First Regional Industrial Facility Authority created by the General Assembly to develop and operate economic development projects on a cooperative basis. In October 1999, the County entered into a Participation Agreement with several other jurisdictions in the Authority for its first project which is known as the New River Valley Commerce Park Project located in Pulaski County. The project is now under development and the lending institutions involved with the project have requested that the Authority agree to project based financing for projects undertaken by the Authority, which will not constitute a debt or pledge of the faith and credit of any member locality. Mr. Obenshain also advised that Wythe County has requested to withdraw from the Commerce Park project. The proposed resolutions will authorize the Authority to enter into project based financing of its projects and permit Wythe County to withdrawal from the Commerce Park project. There was no discussion. Supervisor Nickens moved to adopt the first resolution. The motion carried by the following recorded vote: AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS: None Supervisor Nickens moved to adopt the second resolution. The motion carried by the following recorded vote: August 28, 2001 498 AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS: None RESOLUTION 082801-5.a AUTHORIZING AN AGREEMENT FOR PROJECT BASED FINANCING BY VIRGINIA’S FIRST REGIONAL INDUSTRIAL FACILITY AUTHORITY AND AUTHORIZING THE EXECUTION OF SUCH AGREEMENT WHEREAS, the Board of Supervisors approved the participation of the County of Roanoke in Virginia’s First Regional Industrial Facility Authority (“the Authority”) by Ordinance No. 081898-8, adopted August 18, 1998, as one of the initial members of the Authority; and WHEREAS, the Authority has requested that each of its member jurisdictions authorize an Agreement for Project Based Financing by the Authority; and, WHEREAS, the Board of Supervisors has determined that it will be advantageous for the Authority to be able to provide for project based financing. NOW THEREFORE, BE IT RESOLVED, by the Board of Supervisors of Roanoke County, Virginia, as follows: 4. The Board of Supervisors of Roanoke County, Virginia hereby approves the provisions of the Agreement for Project Based Financing by Virginia’s First Regional Industrial Facility Authority that is attached to the letter from the Authority’s legal counsel dated August 16, 2001, provided that the final agreement shall be in a form the same, or substantially the same, as the one attached to that letter. 5. The Chairman of the Board of Supervisors and the Clerk of the Board are hereby authorized, on behalf of the County, to execute and attest, respectively, such Agreement for Project Based Financing by Virginia’s First Regional Industrial Facility Authority in a form substantially similar to the one attached to the above referenced letter; such Agreement to be approved as to form by the County Attorney. 6. This Resolution shall be in full force and effect from the date of its passage. On motion of Supervisor Nickens to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS: None RESOLUTION 082801-05.b AUTHORIZING AN AMENDMENT TO THE August 28, 2001 499 NEW RIVER VALLEY COMMERCE PARK PROJECT PARTICIPATION AGREEMENT FOR THE WITHDRAWAL OF WYTHE COUNTY AND AUTHORIZING THE EXECUTION OF SUCH AGREEMENT WHEREAS, the Board of Supervisors authorized the participation of the County of Roanoke in the New River Valley Commerce Park Project (“the Project”) which was being undertaken by Virginia’s First Regional Industrial Facility Authority (“the Authority”) by Resolution No. 081099-1, adopted August 10, 1999; and WHEREAS, the Participation Agreement provides that a participating jurisdiction may withdraw from the Project as the other participants may unanimously agree; and WHEREAS, the County of Wythe, Virginia, has requested to withdraw from the Participation Agreement and the Project and the Authority and the other participants have agreed to allow such a withdrawal; and WHEREAS, the Authority has requested the County of Roanoke, along with the other participating jurisdictions, to authorize an Amendment to the Participation Agreement allowing the withdrawal of the County of Wythe, Virginia. NOW THEREFORE, BE IT RESOLVED, by the Board of Supervisors of Roanoke County, Virginia, as follows: 7. The Board of Supervisors of Roanoke County, Virginia, hereby agrees to the withdrawal of Wythe County, Virginia, from the New River Valley Commerce Park Project Participation Agreement and to permit some or all of the remaining participants to purchase the shares of Wythe County in the Participation Agreement. 8. The Board of Supervisors of Roanoke County, Virginia hereby approves the provisions of the Amendment to the New River Valley Commerce Park Project Participation Agreement that is attached to the letter from the Authority’s legal counsel dated August 16, 2001, provided that the final agreement shall be in a form the same, or substantially the same, as the one attached to that letter. 9. The Chairman of the Board of Supervisors and the Clerk of the Board are hereby authorized, on behalf of the County, to execute and attest, respectively, such Amendment to the New River Valley Commerce Park Project Participation Agreement in a form substantially similar to the one attached to the above referenced letter; such Agreement to be approved as to form by the County Attorney. 10. This Resolution shall be in full force and effect from the date of its passage. On motion of Supervisor Nickens to adopt the resolution, and carried by the August 28, 2001 500 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 McNamara moved to approve the first reading and set the second reading and public hearing for September 25, 2001 with a change in the Magisterial District to Windsor Hills. The motion carried by the following recorded vote: AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS: None 1. First reading of ordinance to rezone .398 acres from R-1 Residential District to C-1 Office District with conditions for expansion of a medical clinic and related parking, located at 3500 block of Pinevale Road, Cave Spring Magisterial District, Windsor Hills Magisterial District upon the petition of Windsor House. IN RE: FIRST READING OF ORDINANCES 1. First reading of ordinance amending notice requirement of August 28, 2001 501 enforcement procedures for Section 12-125 “Removal of inoperative motor vehicles, etc.,” Section 13-14. “Unlawful accumulations of trash and growth of weeds; public nuisances and abatement thereof,” and Section 30-21. “Enforcement procedures of the Zoning Ordinance. (Paul Mahoney, County Attorney) Mr. Mahoney advised that the Board of Supervisors has raised concerns about the delays involved in nuisance enforcement procedures followed by the County staff, and discussed these concerns at a work session on August 14. The proposed ordinance reduces the time period for compliance by the property owner after notification by County enforcement personnel from fifteen days for inoperative vehicles and zoning ordinance violations and fourteen days for weeds and trash violations to ten days. Mr. Mahoney reported that the proposed changes to the zoning ordinance will go to the Planning Commission for review and recommendation and brought back to the Board in October. The Board can either hold the entire ordinance until October or adopt all but the changes to the zoning ordinance on September 11, 2001. Supervisor Church pointed out that by the time the zoning administrator checks on the violation it’s usually much longer than 10 days, and more like five to six weeks. Supervisors Johnson asked if the regulations would be in place if the City of August 28, 2001 502 Roanoke owns the property and Mr. Mahoney advised they would. Supervisors Church and Johnson both pointed out that the City needs to mow the stormwater detention pond on Peters Creek Road, and Supervisor Church advised he had received a citizen complaint about the same issue. Supervisor McNamara suggested that the notice to owners of inoperative motor vehicles remain at 15 days instead of 10 days. Section 30-21 of the zoning ordinance will be referred to the Planning Commission and brought back to the Board for adoption. Supervisors Johnson and Church requested that staff contact Roanoke City about mowing the stormwater detention pond and other zoning violations at the pond near North Spring Drive. Supervisor Nickens moved to approve the first reading with the ordinance amended to leave Section 12-125 (c) at 15 days and (k) at 14 days and set the second reading September 11, 2001. The motion carried by the following recorded vote: AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS: None IN RE: SECOND READING OF ORDINANCES 1. Second reading of ordinance authorizing creation of and financing for a local public works improvement project - August 28, 2001 503 Orchards Sewer Project. (Gary Robertson, Utility Director) O-082801-6 There was no discussion and no citizens to speak on this ordinance. 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 082801-6 AUTHORIZING THE CREATION OF AND FINANCING FOR A LOCAL PUBLIC WORKS IMPROVEMENT PROJECT, THE ORCHARDS, AND AUTHORIZING THE ACQUISITION OF CERTAIN EASEMENTS, EITHER BY DONATION OR BY PURCHASE WHEREAS, Ordinance 112288-7 authorizes the financing of local public works improvements and the imposition of special assessments upon abutting property owners upon the adoption of an appropriate ordinance by the Board of Supervisors; and WHEREAS, the County Administration has negotiated the extension of the public sewer system to The Orchards community; and WHEREAS, the extension of the public sewer system and the creation of a special utility (sewer) service area will alleviate a critical public health and safety problem; and WHEREAS, several of the residents have requested that the County allow them to pay their portion of the costs of connection to the public sewer system over ten years at an interest rate of 8%; and WHEREAS, the first reading of this Ordinance was held on August 14, 2001, and the second reading was held August 28, 2001; and BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That pursuant to the authority of Ordinance 112288-7, the Board authorizes and approves a local public works improvement project, namely, public sewer extension for The Orchards community. The total construction cost of this public sewer August 28, 2001 504 project is estimated to be $144,000, to be initially financed as follows: Citizen Participation (12 at $6,050 each) $72,600 Advance from the Public Works $71,400 Participation Fund TOTAL $144,000 That there is hereby appropriated for this project the sum of $71,400 from the Public Works Participation Fund. Any citizen participation under paragraph 3. will be advanced as a loan from the Sewer Fund. 2. That the “Project Service Area” is shown and designated on the attached plat entitled “The Orchards Sewer Line Extension Project” prepared by the Roanoke County Utility Department, attached hereto as Exhibit A. The Orchards Sewer Line Extension Project Area is created for a period of ten (10) years. Any owner of real estate within this service area may participate in and benefit from the public sewer extension to this service area by paying at a minimum the sum of $6,800 ($6,050 toward construction costs plus, plus $750 toward the off-site facility fee) said costs to be paid in full and in advance of connection to the public sewer extension. 3. That the Board authorizes and approves the payment by the property owners in the project service area who elect to participate on or before November 27, 2001 of their portion of the cost of extending the public sewer system to their properties in accordance with the following terms and conditions: (a) That $5,000 per property owner/residential connection may be financed for 10 years at an interest rate of 8% per annum. Down payment of $1,800 will be applied first to the off-site facility fee, and then toward the construction cost. (b) Property owners agree to execute a promissory note or such other instrument as the County may require to secure this installment debt. (c) Property owners further agree to execute such lien document or instrument as may be required by the County; said lien document or instrument to be recorded in the Office of the Clerk of the Circuit Court of Roanoke County. This lien instrument or document shall secure the repayment of the promissory note by the property owners to the County and shall be a lien against the property of the owners. Property owners also agree to pay the County any Clerk’s fees or recordation costs which may be required to record any lien instrument or documents in the Office of the Clerk of the Circuit Court. (d) Property owners who wish to participate after the November 27, 2001 deadline (other than new property owners) shall pay a minimum of $9,062.50 ($7,562.50 construction costs) plus the off-site facility fee in effect at that time (currently $1,500). August 28, 2001 505 4. That the payment by citizens in the project service area, in excess of the twelve (12) anticipated in this ordinance, who elect to participate shall be made to the various funds as follows: The off-site facility fee shall be returned to the Sewer Fund, and payment of the construction costs shall be returned to the Public Works Participation Fund until such time as the advance has been repaid; any further payment of construction costs shall be returned to the Sewer Fund. 5. That the acquisition and acceptance of the necessary water and sewer line easements, as shown on the attached map for the Orchards Project, either by donation or by purchase pursuant to paragraph 6 of this ordinance, is hereby authorized across the following properties, referenced by tax map number: Address Tax Map Number 5011 Jonathan Lane 40.09-01-35 5019 Jonathan Lane 40.09-01-34 5027 Jonathan Lane 40.09-01-33 5035 Jonathan Lane 40.09-01-32 5043 Jonathan Lane 40.09-01-31 5051 Jonathan Lane 40.09-01-30 5125 Jonathan Lane 40.09-01-22 5137 Jonathan Lane 40.09-01-21 5133 Appletree Drive 40.10-01-40 5141 Appletree Drive 40.10-01-41 5149 Appletree Drive 40.10-01-42 5203 Appletree Drive 40.10-01-43 5209 Appletree Drive 40.10-01-44 5047 Labradore Drive 40.09-03-06 5214 Orchard Hill Drive 40.10-03-60 5220 Orchard Hill Drive 40.10-03-59 6. That the consideration for these easement acquisitions shall not exceed a value equal to 40% of the current tax assessment for the property to be acquired plus the cost of actual damages, if any, or the amount determined by an independent appraisal; and 7. That the consideration for these easements shall be paid from the Sewer Repair and Replacement Fund; and 8. That the County Administrator is authorized to take such actions and execute such documents as may be necessary to accomplish the purposes of this transaction, all upon form approved by the County Attorney. On motion of Supervisor Johnson to adopt the ordinance, and carried by the August 28, 2001 506 following recorded vote: AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS: None IN RE: APPOINTMENTS 1. Grievance Panel Supervisor Nickens nominated R. Vincent Reynolds to serve another three year term which will expire September 10, 2004. 2. Industrial Development Authority Supervisor Nickens nominated Stephen A. Musselwhite to serve another four year term which will expire September 26, 2005. 3. Social Services Advisory Board Supervisor McNamara asked Clerk Mary Allen to contact Janet Green to serve as the representative from the Windsor Hills District. Supervisor Minnix asked Ms. Allen to contact Ms. Pattisall to serve as the Cave Spring District representative. IN RE: CONSENT AGENDA R-082801-7 Supervisor McNamara moved to adopt the Consent Resolution. The motion August 28, 2001 507 carried by the following recorded vote: AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS: None RESOLUTION082801- 7 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 August 28, 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 10, inclusive, as follows: 1. Approval of minutes for July 24, 2001 and July 30, 2001 2. Confirmation of committee appointment to the Industrial Development Authority 3. Acceptance of a $6,700 TRIAD grant from the Department of Criminal Justice Services to assist with the Roanoke Valley TRIAD program. 4. Acceptance of $695.01 into the Police Department budget received during the Police Department Open House. 5. Acceptance and appropriation of a $34,628 Bureau of Justice Assistance block grant for law enforcement support. 6. Acceptance and appropriation of $2,711.28 grant funding from the Virginia Department of Health for reimbursement of EMS Training Equipment. 7. Acceptance and appropriation of $4,585.50 grant funding from the Virginia Department of Health for reimbursement of vehicle extrication equipment for Hollins Fire and Rescue. August 28, 2001 508 8. Request to approve the annual performance contract with Blue Ridge Behavioral Healthcare. 9. Acceptance and appropriation of $12,000 School Grant from the Department of Education to improve outcomes for students who have a full range of abilities and needs. 10. Acceptance and appropriation of $15,675 tuition for the Schools Preschool Program. 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 McNamara to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS: None IN RE: REQUESTS FOR WORK SESSIONS Mr. Hodge requested an economic development work session on September 11, 2001. 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 August 28, 2001 509 4. Future School Capital Reserve 5. Revenues and Expenditures for the month ended July 31, 2001 6. Status Report on Decal Enforcement IN RE: CLOSED MEETING At 3:55 p.m., Supervisor Nickens moved to go into Closed Meeting pursuant to Code of Virginia Section 2.1-344 A (7) consultation with legal counsel and briefings by staff members pertaining to probable litigation, Roanoke Regional Water Pollution Control Plant upgrade; 2.1-344A (5) discussion of an economic development prospect where no previous announcement has been made; and 2.1-344A (3) acquisition of real estate for public purposes, flood mitigation in Palm Valley area. The motion carried by the following recorded vote: AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS: None IN RE: CLOSED MEETING The Closed Meeting was held from 3:55 p.m. until 4:50 p.m. IN RE: CERTIFICATION RESOLUTION August 28, 2001 510 R-082801-8 At 5:50 p.m., Supervisor Johnson announced that only Section 2.1-344 A (5) discussion of an economic development prospect was discussed and moved to return to open meeting and adopt the Certification Resolution. The motion carried by the following recorded vote: AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS: None RESOLUTION 082801-8 CERTIFYING THE CLOSED 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 Johnson to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS: None August 28, 2001 511 IN RE: CONTINUATION OF NEW BUSINESS 1. Request to adopt a resolution approving application to participate in the 2001 Fall VPSA Subsidy Sale for $13,745,000 and notice of public hearing for September 25, 2001. (Diane Hyatt, Chief Financial Officer) R-082801-2 This item was heard at 4:50 p.m. following the closed meeting. Ms. Hyatt advised that the final budgets for the new Hidden Valley High School and renovations to Glenvar Middle School total $13,745,000. The School Board submitted applications to the Literary Loan program in May 2000. The State has announced that they will offer an interest rate subsidy bond issue for sale in conjunction with the VPSA’s Fall bond issue to maximize the use of available Literary Fund monies to provide low interest loans. It is possible that both of these projects will be included in the subsidy issue this fall. Ms. Hyatt requested that the Board authorize application to the VPSA for literary loans for up to $13,745,000 in subsidy bonds Dr. Weber, George Assaid, and School Board members Michael Stovall and Bill Irvin were present. In response to questions from Supervisor Johnson, Ms. Hyatt advised that the fall issue interest rate may be less than 5 3/4% and that the way the debt is set up, it August 28, 2001 512 flows through the School Capital fund which leaves the funds for future school capital. School Board Chair Michael Stovall thanked the Board and Administration for their commitment to the Schools. Dr. Weber announced there will be a tour of Hidden Valley High School in September, and she expressed her appreciation on behalf of the parents and teachers. Supervisor McNamara moved to adopt the resolution and set the public hearing for September 25, 2001. The motion carried by the following recorded vote: AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS: None RESOLUTION 082801- 2 AUTHORIZING AN APPLICATION TO THE VIRGINIA PUBLIC SCHOOL AUTHORITY IN AN AMOUNT NOT TO EXCEED $13,745,000 WHEREAS, the Roanoke County School Board ("the School Board") has applications for financing one middle school and one high school project (the "Projects") in the total amount of $14,000,000 on the Literary Fund Priority Waiting List for which it currently desires to proceed with financing; and WHEREAS, the School Board has received an application for the Virginia Public School Authority ("VPSA") Fall 2001 subsidy sale, and the School Board and the Board of Supervisors ("Board of Supervisors") of the County of Roanoke, Virginia ("County") have determined that it is advisable to contract a debt and issue general obligation bonds of the County in an amount not to exceed $13,745,000 to finance the Projects (the "Bonds") and to sell the Bonds to the VPSA pursuant to the Fall 2001 Literary Fund subsidy sale; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF ROANOKE, VIRGINIA: August 28, 2001 513 1. The County Administrator is authorized and directed to execute and deliver an application to the VPSA in order to sell the Bonds to the VPSA at the Fall 2001 VPSA bond sale. 2. The County Administrator is authorized to advertise a public hearing to be held by the Board of Supervisors on September 25, 2001 on the issuance of the Bonds. 3. This resolution shall take effect immediately. Adopted by the Board of Supervisors of the County of Roanoke, Virginia on August 28, 2001. On motion of Supervisor McNamara to adopt the resolution and set public hearing for September 25, 2001, and carried by the following recorded vote: AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS: None IN RE: CLOSED MEETING The Closed Meeting was continued from 5:10 p.m. until 6:00 p.m. IN RE: CERTIFICATION RESOLUTION R-082801-9 At 7:00 p.m., Supervisor Nickens 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 082801-9 CERTIFYING THE CLOSED MEETING WAS HELD IN CONFORMITY WITH THE CODE OF VIRGINIA WHEREAS, the Board of Supervisors of Roanoke County, Virginia has August 28, 2001 514 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 Nickens to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS: None IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND AWARDS 1. Proclamation declaring September 20, 2001 as Southwest Virginia Light the Night Day and September 2001 as Leukemia & Lymphoma Awareness Month. The proclamation was accepted by Tracy Wood, Denise Mathews, Brenda Walker and Martha Brinkley. Supervisor Nickens moved to approve the proclamation. The motion carried by the following recorded vote: AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix August 28, 2001 515 NAYS: None IN RE: PUBLIC HEARINGS AND SECOND READING OF ORDINANCES 1. Second reading of ordinance on the petition of the American Tower Corporation to obtain a Special Use Permit to construct a broadcast tower on 34.83 acres located on the Bent Mountain Substation, 8920 Willett Lane, Windsor Hills Magisterial District. (Janet Scheid, Senior Planner) O-082801-10 Ms. Scheid explained that this was a request for a Special Use Permit to construct a 180 foot mono pole broadcast tower to lease space to at least four wireless communication services providers. She reported that the Planning Commission held public hearings on this issue on July 3, 2001 and August 7, 2001. At the Commission hearing, there was a lengthy discussion trying to justify the need for the 180 foot height. Ms. Hooker asked why the AEP structure was not considered and Mr. Witt had a concern about the accuracy of the photo simulations. The commissioners requested engineering studies of the wireless coverage areas at 180 feet, 160 feet, 140 feet and 120 feet heights. The commission granted a continuance until August and at the August hearing the applicant discussed the RF studies at various heights. The August 28, 2001 516 Planning Commission moved to deny the Special Use Permit which failed on a 2-2 vote. Supervisor McNamara asked about lighting for the tower. Ms. Scheid responded that preliminary reports indicate that lighting will not be needed but the FAA could require lighting for safety reasons. The following citizens spoke: 1. Earl Spruill, 5250 12 O’Clock Knob Road, spoke in support of the tower, pointing out that Bent Mountain needs wireless communication for safety and quality of life. 2. Andrea Krochalis, 9428 Patterson Drive, President of the Bent Mountain Civic League advised that she was concerned that there may be a series of towers on the mountain and the County needs to balance communication needs versus the viewshed. John Walter, representing American Tower, advised that they do not construct towers without FAA approval and that lighting is not necessary unless the County or the petitioner wishes the tower to be lit. He explained that their objective would be to cover the corridor of Route 221 down to Cave Spring Corners. He showed the Board a map of the coverage at different heights, and advised they already have two signed leases. August 28, 2001 517 Supervisors McNamara and Church noted that there needs to be a balance with scenic preservation of Bent Mountain and that those who live in that area have to expect not to have the same level of cell coverage as other areas. Supervisors Minnix and Johnson advised that they had a commitment to the residents on Bent Mountain not to allow a proliferation of towers. Supervisor McNamara moved to deny the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS: None ORDINANCE 082801-10 A SPECIAL USE PERMIT TO DENYING AMERICAN TOWER CORP. TO CONSTRUCT A BROADCAST TOWER ON 34.83 ACRES LOCATED ON THE BENT MOUNTAIN SUBSTATION, 8920 WILLETT LANE, (TAX MAP NO. 103.00-1-5), WINDSOR HILLS MAGISTERIAL DISTRICT WHEREAS, American Tower Corp. has filed a petition for a special use permit to construct a 180-foot monopole broadcast tower to be located at the Bent Mountain Substation, 8920 Willett Lane, (Tax Map No. 103.00-1-5) in the Windsor Hills Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this matter on July 3, 2001 and on August 7, 2001; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first reading on this matter on July 24, 2001; the second reading and public hearing on this matter was held on August 28, 2001. NOW, THEREFORE BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the Board, by unanimous vote, denies the petition of American Towner Corporation to obtain a Special Use Permit. On motion of Supervisor McNamara to deny the ordinance, and carried August 28, 2001 518 by the following recorded vote: AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS: None 2. Second reading of ordinance on the petition of The Community of Faith to obtain a Special Use Permit for a religious facility on 1.033 acres located at 5343 Fallowater Lane, Cave Spring Magisterial District. (Janet Scheid, Senior Planner) O-082801-11 Mr. Scheid advised that at the Planning Commission meeting, discussion centered around the Core designation in the 1998 Community Plan and the specific language that does not support tax-exempt facilities in Core designated areas. The church offered to provide a service fee at 80% of its annual tax base. The motion to approve the request failed on a 2-2 vote. Ed Natt, attorney for the petitioner, pointed out that this was a Special Use Permit and that the Board may add additional conditions. He explained that this is a seed church that has met in various places and has now grown to the point where they need a church. The building is a warehouse structure that they plan to renovate. August 28, 2001 519 The church bought the building knowing that they could not use it until they received a Special Use Permit. C-2 zoning allows religious facilities and the church is willing to pay taxes on the property if that is the problem. Supervisor Johnson pointed out that it was against the law to charge payments in lieu of taxes for church property. He questioned whether an individual could purchase the property and lease it to the church whereby taxes could be paid. County Attorney Paul Mahoney advised he didn’t know if that was possible. The following citizens spoke: 1. Cynthia Varney, 5934 Landview Drive, spoke in support and advised that most of the church members lived in southwest Roanoke County. 2. James Hahn, pastor of the church, described the history of the church and their search for a facility. He explained that the Roanoke County school system was not receptive to letting them use a school building for their services. He advised that they were willing to pay a fee to offset the tax loss. In response to a question from Supervisor Johnson, he advised that Cave Spring High School was willing to let them use their facility but the school administration would not let them. Supervisor Nickens asked staff to investigate. There was discussion on use of a fee in lieu of taxes, and the loss of a commercial site. Supervisor Johnson suggested that the church donate $4,000 to the August 28, 2001 520 Cave Spring Rescue Squad to support the community instead of a payment to the County. Supervisor Minnix moved to adopt the ordinance with Condition 1 (A) deleted from the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS: None ORDINANCE 082801- 11 GRANTING A SPECIAL USE PERMIT TO THE COMMUNITY OF FAITH FOR A RELIGIOUS ASSEMBLY USE TO BE LOCATED AT 5343 FALLOWATER LANE (TAX MAP NO. 77.19-1- 20.2), CAVE SPRING MAGISTERIAL DISTRICT WHEREAS, The Community of Faith has filed a petition for a special use permit for a religious assembly use to be located at 5343 Fallowater Lane (Tax Map No. 77.19-1-20.2) in the Cave Spring Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this matter on August 7, 2001; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first reading on this matter on July 24, 2001; the second reading and public hearing on this matter was held on August 28, 2001. NOW, THEREFORE BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the Board finds that the granting of a special use permit to The Community of Faith for a religious assembly use to be located at 5343 Fallowater Lane (Tax Map No. 77.19-1-20.2) in the Cave Spring Magisterial District is substan- tially 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: (A) The church will provide a service fee at 80% of its annual tax base (annual service fee). 2. 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 August 28, 2001 521 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 condition 1 (A) deleted from the ordinance and carried by the following recorded vote: AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS: None 3. Second reading of ordinance on the petition of Hugh R. & Carolyn Elsea to obtain a Special Use Permit for a private horse stable on 2.99 acres and a 30 foot right-of-way on adjoining parcel located at 3663 Chaparral Drive, Cave Spring Magisterial District. (Janet Scheid, Senior Planner) O-082801-12 Ms. Scheid reported that in June 2001, the Community Development Department was informed that horses were being kept at 3663 Chaparral Drive. Investigation revealed that three horses were on the property. Mr. and Ms. Elsea were informed that keeping the horses on the property without a Special Use Permit was a violation of the zoning ordinance. There were told to either apply promptly for a Special Use Permit or remove the horses within 15 days. All adjoining properties are zoned R-1, Residential and land use includes single family homes. At the Planning Commission meeting, several citizens spoke in both support and opposition. The Planning Commission recommended denial of the Permit. August 28, 2001 522 Ed Natt, attorney for the petitioner, advised that the petitioners purchased the property in spring 2000 assuming they could keep horses on the property. They later began the process of getting a Special Use Permit. He explained they only want to keep three horses on the property and would agree to two as long as the foal could stay until it was weaned which would be limited to about six months. Mr. Natt reported that there are at least four horse stables with Special Use Permits in neighborhood conservation districts, but in response to a question from Supervisor Church, most have larger acreage. Mr. Mahoney advised that there must be a minimum of two acres of pasture land. The following citizens spoke in support: 1. Melanie Graczyk, 5507 Castle Rock Road 2. Bonnie Dickerson, 3040 Tree Top Lane 3. Dr. Karen Baum, Little Doc’s Veterinary Care, who advised there was adequate space for the horses to run and stretch their legs. 4. Hurley Nard Just the Spirit Farm, 8441 Martins Creek Road. The following citizens spoke in opposition concerned about the manure odor, insect problems and possible water contamination and the residential nature of the neighborhood. 1. Frank Breedlove, 3905 Hummingbird Lane S.W. who presented a petition in opposition. August 28, 2001 523 2. Robert A. Hamblen, 4032 Snowgoose Circle 3. Jack Griffith, 4043 Snowgoose Circle There was general Board agreement that this was not the appropriate area for a horse stable. Supervisor Minnix advised he would move to deny the request but did not want to move the horses until after the foal was born. Supervisor Nickens suggested amending the motion that a veterinarian determine when the foal might be moved. Supervisor Minnix moved to deny the ordinance but that petitioners be given thirty days after the birth of the foal to remove the horses. The motion carried by the following recorded vote: AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS: None ORDINANCE 082801-12 A SPECIAL USE PERMIT TO DENYING HUGH R. ELSEA AND CAROLYN ELSEA FOR A PRIVATE HORSE STABLE ON 2.99 ACRES TO BE LOCATED AT 3663 CHAPARRAL AVENUE (TAX MAP NO. 87.09-3-3), CAVE SPRING MAGISTERIAL DISTRICT WHEREAS, Hugh R. Elsea and Carolyn Elsea have filed a petition for a special use permit for a private horse stable to be located at 3663 Chaparral Avenue (Tax Map No. 87.09-3-3) in the Cave Spring Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this matter on August 7, 2001; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first reading on this matter on July 24, 2001; the second reading and public hearing on this matter was held on August 28, 2001. August 28, 2001 524 NOW, THEREFORE BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the Board, by unanimous vote, denies the petition of Hugh R. and Carolyn Elsea to obtain a Special Use Permit. 2. That the Petitioner will be given 30 days following the birth of the foal to remove all horses from the property. On motion of Supervisor Minnix to deny the ordinance, and carried by the following recorded vote: AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS: None 4. Second reading of ordinance on the petition of Bowman Dalton, Inc. to Rezone 4.62 acres from C-1 Commercial Office District to R-3 Medium Density Multifamily Residential District for a development of multifamily housing located at 3990 Challenger Avenue, Hollins Magisterial District. (Janet Scheid, Senior Planner) Ms. Scheid advised that this property currently has two single family homes on it. The property slopes steeply to the northwest with the steepest portion of the property being wooded. The property is adjoined on the northeast and northwest sides by the Villa Heights Baptist Church and on the southwest side by single family residential. The petitioner plans to construct 35 townhouse units, 2-3 bedrooms each. The Economic Development Department expressed concern that the rezoning request, if approved, adds to the erosion of the commercial tax base. The Planning August 28, 2001 525 Commission recommended approval. Ed Natt, attorney for the petitioners, advised that they purchased the land subject to approval of the rezoning. The petitioners are still in negotiation with VDOT concerning the access road, and there are three proffered conditions. W. M. Witt, 3966 Challenger Avenue spoke and explained he was not opposed but concerned about tree removal on the property and how it will affect his view of the property. In response to questions from Supervisor Johnson, Mr. Metz advised that the access road was 556 feet, and Mr. Natt responded that there will be screening and buffering. Supervisor Johnson advised he had some concerns including the density, the road access, and down zoning to Residential from Commercial; and suggested sending the petition back to the Planning Commission for further study. Mr. Natt explained that it was not feasible to develop this property as Commercial and Mr. Bowman, one of the developers, advised that they had no problems with a delay. Following discussion, Supervisor Church moved to close the debate. The motion passed by the following recorded vote. AYES: Supervisors Johnson, McNamara, Church, Minnix NAYS: Supervisor Nickens Supervisor Johnson moved to refer the item back to the Planning August 28, 2001 526 Commission for further discussion of commercial property and road access. The motion carried by the following recorded vote: AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS: None 5. Second reading of ordinance on the petition of RA-DE Div., Ltd. T/A Perfect Touch to Rezone 1.13 acres from C-1 Office District with conditions to C-1 Office District located at 5681 Starkey Road, Cave Spring Magisterial District. (Janet Scheid, Senior Planner) O-082801-13 Ms. Scheid advised that the petitioners want to expand the existing house to accommodate their business. The Planning Commission recommended approval with five conditions. There was no discussion and no citizens 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 082801-13 TO CHANGE THE ZONING CLASSIFICATION OF A 1.13-ACRE TRACT OF REAL ESTATE LOCATED AT 5681 August 28, 2001 527 STARKEY ROAD, (TAX MAP NO. 87.18-1-40) IN THE CAVE SPRING MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF C-1 OFFICE DISTRICT WITH CONDITIONS TO THE ZONING CLASSIFICATION OF C-1 WITH CONDITIONS UPON THE APPLICATION OF RA-DE DIV., LTD., T/A PERFECT TOUCH. WHEREAS, the first reading of this ordinance was held on July 24, 2001, and the second reading and public hearing were held August 28, 2001; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on August 7, 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 1.13 acres, as described herein, and located at 5681 Starkey Road (Tax Map Number 87.18-1-40) 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 RA-DE Div., Ltd., T/A Perfect Touch. 3. That the owner of the property has voluntarily proffered in writing the following conditions which the Board of Supervisors of Roanoke County, Virginia, hereby accepts: (1) That the existing residence on the property would be used for the office use with no additions with the exception of improving the parking on the property. (2) That there will be no printing in connection with the business operation. (3) That existing structure will be utilized without enlargement. The existing house structure is limited to future enlargement not to exceed 100 square feet and shall be built behind the front line of the existing house. (4) The square footage of signs shall not exceed 24 square feet. No portable or temporary signs shall be installed. Signage shall be limited to 24 square feet, 5 feet in height. Monument style sign shall be required. (5) The cinder block garage to the rear of the existing dwelling will be used only in connection with the operation of the business on the property and will not be leased to outside businesses. (6) All on-site parking shall occur to the rear of the front line of the August 28, 2001 528 existing dwelling. If petitioners choose to construct additional parking, that parking shall be of a pervious surface. (7) Landscaping is to be planted to provide a visual buffer between the existing parking lot and Starkey Road. Landscaping shall include at a minimum, 1-2 Leyland Cyprus or other evergreen type tree, not to include white pine, and 3-4 deciduous or evergreen bushes planted along the eastern side of the parking lot. 4. That said real estate is more fully described as follows: BEGINNING at a point on the westerly side of Starkey Road, Virginia Secondary Rt. 904 at the Southeasterly corner of the property now or formerly known as the Baptist Parsonage; thence with the westerly side of ? Starkey Road South 24 16' West 154 feet to a point in the center of a ? dry branch; thence leaving Starkey Road North 73 30' West 310.6 feet to ? a point; thence North 21 37' East 191.75 feet to a point; thence South ? 66 33' East 316.6 feet to the point and place of beginning 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, and carried by the following recorded vote: AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS: None IN RE: CITIZEN COMMENTS AND COMMUNICATIONS 1. Ona Early, 3387 Mt. Pleasant Blvd. expressed concern that the $500,000 funds allocated for renovations for Clearbrook and Mt. Pleasant Fire and Rescue Station were not distributed equally and that Mt. Pleasant will receive only $150,000. Mr. Hodge explained how it was determined where the funds would go and August 28, 2001 529 that they looked at the need, number of calls, safety issues and the distance to the next station. Supervisor Nickens requested that Ms. Allen prepare a transcript of Mr. Hodge’s and his comments concerning this. Assistant Administrator Dan O’Donnell updated the Board on a recent meeting to discuss the Mt. Pleasant renovations. Supervisor Nickens requested a copy of the minutes of that meeting. 2. Annie Krochalis, 9428 Patterson Drive, advised that she attended the March 12 meeting to discuss funding and she also thought expectations were that funding for both stations would be fairly equal. She felt that Mount Pleasant needs should be met. IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS Supervisor Church: (1) He advised that the light at the entrance to the Board Meeting Room keeps blinking and requested that it be fixed. (2) He received an anonymous card asking when there would be public water and sewer to Mason Cove since the septic system failed in April. Mr. Hodge advised that they tried to get a new septic system but it did not perk. They discussed purchase of land with adjoining property owners and have discussed other options. They have ordered a special type septic system that just arrived and it should be operational in September. (3) He thanked everyone for their kind words and sympathy during the recent death of his August 28, 2001 530 mother. Supervisor McNamara: He suggested that the Board look at appropriating the funds to complete all renovations at Mt. Pleasant Fire and Rescue since the cost will only increase to $206,000. Supervisor Minnix: He announced that he is also experiencing illness in his family, especially his mother-in-law who is suffering from cancer and his father who now needs dialysis several times a week. IN RE: ADJOURNMENT Supervisor Minnix adjourned the meeting at 10:12 p.m. to Tuesday September 4, 2001 at 10:30 a.m. at the Regional Fire Training Center, Kessler Mill Road, for the purpose of a joint meeting with Roanoke City Council to discuss an agreement for regional fire and rescue. Submitted by, Approved by, __________________ ________________ Mary H. Allen, CMC H. Odell Minnix Clerk to the Board Chairman August 28, 2001 531 This page left intentionally blank