Loading...
HomeMy WebLinkAbout5/22/2001 - Regular May 22, 2001 275 Roanoke County Administration Center 5204 Bernard Drive Roanoke, Virginia 24018 May 22, 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 May, 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 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 John M. Chambliss, Jr., Assistant County Administrator. The Pledge of Allegiance was recited by all present. May 22, 2001 276 IN RE: REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF AGENDA ITEMS Mr. Mahoney added an item to the Closed Meeting pursuant to Section 2.1- 344 A (7) Consultation with legal counsel concerning negotiations with Virginia Recreational Facilities Authority and Explore Foundation. Supervisor Nickens added an item to New Business concerning discussion of approval of I-73 corridor. IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND AWARDS 1. Resolution of Appreciation upon the retirement of Dr. Charles L. Downs, President, Virginia Western Community College. R-052201-1 Dr. Downs was present to accept the resolution. Supervisor Nickens, who was formerly employed by Virginia Western Community College, thanked Dr. Downs for being his mentor for many years. Supervisor Johnson moved to adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS: None RESOLUTION 052201-1 OF APPRECIATION UPON THE RETIREMENT OF DR. CHARLES L. DOWNS, PRESIDENT, VIRGINIA WESTERN COMMUNITY COLLEGE May 22, 2001 277 WHEREAS, Dr. Charles L. Downs first became President of Virginia Western Community College in 1981, and WHEREAS, prior to accepting this post, Dr. Downs was associated with the Tidewater Community College, Clayton Junior College, and Brunswick Junior College, and WHEREAS, Dr. Downs has devoted 30 years to educating the young adults of the Commonwealth in the Virginia Community College System, and WHEREAS, Dr. Downs has been an active member of the Roanoke Valley community, serving as Past President of the Rotary Club of Roanoke, a Board Member of the Regional Partnership of Roanoke Valley, a member of the Board of Directors of the Blue Ridge ETV Association and the Roanoke Regional Chamber of Commerce, former chair of the Sisters Cities Corporate Board, and a member of the Lewis-Gale Medical Center Board of Trustees, and WHEREAS, under Dr. Downs leadership, Virginia Western Community College has grown dramatically to an enrollment in 2000 of 8,200 students on their 70 acre campus, and WHEREAS, it is fitting to recognize the many achievements that Dr. Downs has accomplished in his 20 years with Virginia Western Community College and his varied community activities in the Roanoke Valley. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County, Virginia, does hereby express its deepest appreciation and the appreciation of the citizens of Roanoke County to DR. CHARLES L. DOWNS for his many contributions to the community, the County, and the Roanoke Valley; and FURTHER, the Board expresses its best wishes for a happy, restful, and productive retirement. 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 2. Resolution of Congratulations to the Police Department upon the th 10 anniversary of the Citizen Police Academy and presentation of Certificates of Recognition to the following sponsors: (a) Mark Fuquay, Kroger (b) Devon Johnson, Kwik Kopy; and (c) May 22, 2001 278 Mark King, AAA Vending. R-052201-2 The resolution was accepted by Chief of Police Ray Lavinder. Mr. Fuquay and Mr. Johnson were present and accepted the Certificates. Supervisor McNamara moved to adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS: None RESOLUTION 052201-2 OF CONGRATULATIONS TO THE ROANOKE TH COUNTY POLICE DEPARTMENT UPON THE 10 ANNIVERSARY OF THE CITIZEN POLICE ACADEMY WHEREAS, in 1991, the Roanoke County Police Department conducted the first Citizen Police Academy in the Commonwealth of Virginia; and since that time, approximately 500 citizens have participated in twenty academies; and WHEREAS, the Academy gives attendance preference to County residents but many other citizens in the Roanoke Valley have also enrolled; and WHEREAS, the Academy is designed to provide a better understanding between citizens and police through education; and WHEREAS, the Academy is creating a growing number of responsible, well- informed citizens with the potential of influencing public opinion in regard to police practices and services; and WHEREAS, the Academy does not have to charge a fee to attend because of the sponsorship by the Kroger Company, Kwik-Kopy, and AAA Vending. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County, Virginia, does hereby express its congratulations to the ROANOKE th COUNTY POLICE DEPARTMENT upon the 10 anniversary of the Citizen Police Academy; and FURTHER, the Board commends the Police Department for the successful establishment and administration of the Academy. On motion of Supervisor McNamara to adopt the resolution, and carried by the following recorded vote: May 22, 2001 279 AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS: None IN RE: BRIEFINGS 1. Five-year Performance Report on the Spring Hollow Water System. (Elmer Hodge, County Administrator; Gary Robertson, Utility Director) Presented by Mr. Hodge and Mr. Robertson. Mr. Hodge reported that the Spring Hollow Water System has now been in service for five years. Mr. Hodge commended former Assistant County Administrator John Hubbard, the late Clifford Craig (former Utility Director) and current Utility Director Gary Robertson, who were instrumental in the planning, construction and success of Spring Hollow. He also expressed appreciation to the current and former Board members who went through the permitting and construction process and approved the project. He noted that as the briefing will show, the reservoir engineering was sound with a safe yield of 23 mgd. Mr. Robertson presented an eight minute video produced by RVTV. He reviewed the history of the project beginning as early as 1967. On September 13, 1983, a joint meeting was held for all valley government to receive a water committee report and the governing bodies took action to pursue Spring Hollow as the next valley-wide water supply. Originally, the project was to be a regional project with a design capacity of 29 May 22, 2001 280 mgd but the capacity was later reduced to 23 mgd because of environmental concerns. Mr. Robertson explained that the safe yield capacity cannot be set at an exact number, and the models for Spring Hollow were based on the worst drought on record. The treatment capacity was permitted to treat 15 mgd and designed to be upgraded to a maximum capacity of 30 mgd. During the design, there were concerns about the watertightness of the reservoir, but the seepage and water loss has remained at or below design guidelines during the past five years. Supervisor Johnson pointed out that there is enough water through 2080 since population growth has slowed. Supervisor McNamara advised he requested the report because he has heard from others that there is not enough water and that this report proves that there is. IN RE: NEW BUSINESS 1. Petition to the Circuit Court to issue a Writ of Election on November 6, 2001 to fill the vacancy created by the death of the Commissioner of the Revenue R. Wayne Compton. (Paul Mahoney, County Attorney) R-052201-3 Mr. Mahoney reported that the Commissioner of the Revenue R. Wayne Compton recently passed away unexpectedly. The Code of Virginia provides that a May 22, 2001 281 vacancy in any elected constitutional office shall be filled by a special election. The governing body must petition the circuit court to issue a writ of election to fill the vacation within fifteen days. The special election will take place on November 6, 2001. He advised that the Chief Deputy automatically assumes the position until the special election. The elected person will assume the office until the next regular election. Board Chairman Minnix noted that it was a shock to lose Mr. Compton, and that after three decades of public service, he will be missed by the County. Supervisor Johnson moved to adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS: None RESOLUTION 052201-3 REQUESTING THE CIRCUIT COURT OF ROANOKE COUNTY TO ORDER AN ELECTION ON FILLING THE VACANCY IN THE CONSTITUTIONAL OFFICE OF THE COMMISSIONER OF THE REVENUE WHEREAS, Section 24.2-228.1 of the Code of Virginia, 1950, as amended, provides that a vacancy in any elected constitutional office shall be filled by a special election; and WHEREAS, pursuant to the authority granted by the Code of Virginia, the Board proposes to call a special election to take the sense of the voters of the County on filling the vacancy in the constitutional office of the Commissioner of the Revenue. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the Board hereby petitions the Circuit Court of Roanoke County to order an election on November 6, 2001, on the filling of the vacancy in the constitutional office of the Commissioner of the Revenue. May 22, 2001 282 2. That the Clerk of the Board is instructed to immediately file a certified copy of this resolution with the Circuit Court of Roanoke County, Virginia. 3. That the Clerk of the Circuit Court of Roanoke County, Virginia, shall publish a notice of such election in a newspaper of general circulation in the County once a week for three consecutive weeks prior to such election. 4. That the County Administrator is hereby authorized and directed to take such actions as may be necessary to accomplish the intent of this resolution. 5. That this resolution shall take effect immediately. 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 2. Request for approval of a County-State agreement with the Virginia Department of Transportation for reconstruction of Pleasant Hill Drive and Brambleton Avenue to serve Hidden Valley High School. (Arnold Covey, Community Development Director) R-052201-4 Mr. Covey advised that on November 23, 1999, Board of Supervisors approved the prioritized list of projects for the FY 2000-2001 VDOT Revenue Sharing Program. One of the projects approved was $200,000 for the Pleasant Hill Drive and Brambleton Avenue road improvements for the new high school. This project was included as a part of the Revenue Sharing List at the request of the Roanoke County School Board, which submitted $200,000 from the $30 million budget for the Hidden Valley High School as the local share in a match that will total $400,000. The road construction plans for the May 22, 2001 283 road improvements have been completed and approved by VDOT. VDOT estimates the cost of construction to be $796,000, which includes the road realignment, signalization and water and sewer relocation. If VDOT were to administer the contract, the project would be advertised June 12, 2001. The process takes approximately 90 to 120 days before the contract could be awarded and notice to proceed be given to the contractor. Because of concerns with the time of construction and potential cost overruns, the Roanoke County School staff investigated other options and requested Counts & Dobyns, site excavating contractor for Hidden Valley High School, to submit a cost for the road project, including the signalization and the water and sewer relocation. Their cost to Roanoke County Schools is $695,611.00, but does not include the Department of Transportation’s inspections, which has been estimated not to exceed 12% of the cost of construction. VDOT has indicated the 12% will be significantly less because of the speed of construction with Counts & Dobyns performing the work. Also, with Counts & Dobyns performing the construction of the project, they would start as soon as they complete the grading of the early site package for Hidden Valley High School, which is anticipated to be mid June. The road construction would be complete, with the exception of the signal, by December 2001. Mr. Covey explained that in order for the School Board to expedite this project, the Board of Supervisors must authorize the County Administrator to execute an agreement with VDOT. Since this project is an authorized project under Roanoke County’s May 22, 2001 284 FY 2000-2001 Revenue Sharing Program, the Board of Supervisors is required to execute the agreement. The School Board is aware that they are responsible for all costs and other responsibilities. Staff requested that prior to the execution of the agreement, the County Attorney prepare an agreement between the Roanoke County Board of Supervisors and Roanoke County School Board, clearly defining the School Board responsibilities, and authorize the County Administrator to execute the County – State Agreement with VDOT for the road improvements for the Hidden Valley High School project. In response to questions, Mr. Covey advised that this would be a public road, but the remainder of the road into the school would be private and maintained by the School Board; and that the right-of-ways have already been secured. Supervisor Johnson expressed concern about not going out for bids for the project but using Counts and Dobyns, the site excavators. Supervisor McNamara concurred that these concerns were legitimate but that he trusted the School Board and their attorney. Supervisor McNamara moved to adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS: None RESOLUTION 052201-4 FOR APPROVAL OF COUNTY-STATE AGREEMENT WITH THE VIRGINIA DEPARTMENT OF May 22, 2001 285 TRANSPORTATION TO CONSTRUCT IMPROVEMENTS TO PLEASANT HILL DRIVE (ROUTE 1548) AND BRAMBLETON AVENUE (ROUTE 221) RELATING TO THE NEW HIDDEN VALLEY HIGH SCHOOL WHEREAS, Title 33.1 of the Code of Virginia provides for the availability of state funding to construct improvements to public streets to enhance and promote access to public schools and to promote public health, safety and welfare along public streets; and WHEREAS, on November 23, 1999, the Board of Supervisors of Roanoke County approved a list of projects for FY 2000-2001 VDOT Revenue Sharing Program, and one of the approved projects was for the Pleasant Hill Drive and Brambleton Avenue Roanoke improvements to serve the new Hidden Valley High School; and WHEREAS, the Commonwealth Transportation Board has approved this project; and WHEREAS, the Virginia Department of Transportation (VDOT) has estimated the cost of this road construction to be $796,000.00, which includes the road realignment, signalization, and relocation of utilities; and WHEREAS, the School Board of Roanoke County has requested the assistance of the Board of Supervisors to expedite this project by executing a County-State agreement with VDOT to construct the improvements to Pleasant Hill Drive and Brambleton Avenue for the new Hidden Valley High School; and WHEREAS, the School Board of Roanoke County has negotiated an May 22, 2001 286 agreement with its contractor Counts & Dobyns to perform the construction of this project. NOW, THEREFORE, BE IT RESOLVED that the Roanoke County Board of Supervisors hereby authorizes the County Administrator or his designee to enter into a County-State agreement for the construction of certain road improvements to Pleasant Hill Drive (Route 1548) and Brambleton Avenue (Route 221) relating to the new Hidden Valley High School. And be it further resolved that the Roanoke County Board of Supervisors authorizes the County Administrator or his designee to enter into an agreement with the School Board of Roanoke County to be responsible for the administration of this project and to be responsible for the project costs associated with this project. 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 3. Request to adopt the fiscal year 2001-2002 budget for the County of Roanoke including the 2002-2006 Capital Improvement Plan. (Brent Robertson, Budget Director) R-052201-5 Mr. Robertson advised that the budget had been prepared from budget work sessions with the Board of Supervisors. It was submitted to the Board on April 24, and a public hearing was held on May 8. However, since May 8, there have been three changes to the budget. Based on conversations with the Board members, contributions to three agencies have been added. The Salem/Roanoke County Community Food Pantry and the Southwestern Virginia Second Harvest Food Bank have been allocated $2,500 each, and the Harrison Museum of African American Culture has been allocated $2,000. These increases have been funded by reductions in departmental operating budgets. Supervisor McNamara advised that he thought that the Board and staff did a good job on the budget but was concerned about the additional allocations because he was not included in any conversation on these; and that we are helping Tanglewood Mall which he did not feel was a taxpayer responsibility. Supervisor Johnson also advised he was not informed about the additional agency allocations, and felt that these decisions should be made by the entire Board. Supervisor Nickens reported he was contacted but was also uncomfortable with the process, and suggested that the Board defer action until the staff can bring back the agency list and the entire Board can discuss the issue. Supervisors Nickens, Minnix and McNamara concurred that the process for allocating funds to the various agencies needed to be improved. Supervisor Nickens suggested that staff bring back to the Board a new process between July 1 and September 1, 2001. May 22, 2001 287 Supervisor Nickens moved to adopt the resolution less $7,000 appropriated for the additional three agencies listed in the County Administrator’s comment, with the funds allocated to Board Contingency Fund pending further discussion in work session. The motion carried by the following recorded vote: AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS: None RESOLUTION 052201-5 APPROVING THE FISCAL YEAR 2001-2002 BUDGET FOR ROANOKE COUNTY, VIRGINIA WHEREAS, Section 15.2-2503 of the 1950 Code of Virginia, as amended, provides that the governing body of the County shall prepare and approve an annual budget; and WHEREAS, said budget shall be prepared and approved for informative and fiscal planning purposes only; and WHEREAS, this budget contains a complete itemized and classified plan of all contemplated expenditures and all estimated revenues and borrowings for the ensuing fiscal year; and WHEREAS, a brief synopsis of said budget was published as required by the provisions of Section 15.2-2506 of the State Code, and the public hearing as required thereon was held on May 8, 2001. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia: 1. That there is hereby approved the annual budget for Fiscal Year 2001- 2002 for Roanoke County, Virginia, as follows: 2. That the preparation and approval of this budget is for informative and fiscal planning purposes only. On motion of Supervisor Nickens to approve the budget less $7,000 appropriated for additional three agencies listed in the County Administrator’s Comments, with funds allocated to Board Contingency Fund pending further discussion in work May 22, 2001 288 session, and carried by the following recorded vote: AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS: None 4. Discussion of the recently approved I-73 corridor. Supervisor Nickens requested that appropriate communication be sent to VDOT and the Commonwealth Transportation Board requesting that if the approved corridor goes forward, that they work with the citizens of Southeast City and Southeast County to minimize any impact to them. Supervisor Johnson requested a copy of the actual corridor map. 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 June 26, 2001. The motion carried by the following recorded vote: AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS: None 1. First reading of ordinance to rezone 7.964 acres from I-2 Industrial District to AR Agriculture/Residential District for residences, located at Peaceful Drive, Catawba Magisterial District, upon the petition of Richard A. Hall. May 22, 2001 289 2. First reading of ordinance to obtain a Special Use Permit for a private horse stable on 3.617 acres located at 4390 Harborwood Road, Catawba Magisterial District, upon the petition of James and Sandra Worley. 3. First reading of ordinance to obtain a Special Use Permit to construct a new school on 21.12 acre located on the north side of Buck Mountain Road, Cave Spring Magisterial District, upon the petition of Faith Christian School. IN RE: SECOND READING OF ORDINANCES 1. Second reading of ordinance appropriating the funds for the fiscal year 2001-2002 budget. (Brent Robertson, Budget Director) O-052201-6 Mr. Robertson advised that the budget was presented to the Board of Supervisors on April 24, and a public hearing was held on May 8. The only change was the addition of funding for three agencies discussed earlier in the meeting. Supervisor McNamara pointed out that these funding changes were removed when the budget resolution was adopted in order to discuss them further. Supervisor Church advised that this decision should be made soon, and it was decided to hold a work session following the afternoon session. Supervisor Minnix moved to adopt the ordinance removing the $7,000 recommended by the County Administrator for three agencies until they can be discussed May 22, 2001 290 in a later work session. The motion carried by the following recorded vote: AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS: None ORDINANCE 052201-6 APPROPRIATING FUNDS FOR THE 2001-02 FISCAL YEAR BUDGET FOR ROANOKE COUNTY, VIRGINIA WHEREAS, upon notice duly published in the newspaper, a public hearing was held on May 8, 2001 concerning the adoption of the annual budget for Roanoke County for fiscal year 2001-02; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, approved said budget on May 22, 2001, pursuant to the provisions of Section 13.02 of the Roanoke County Charter and Chapter 4 of Title 15.2 of the 1950 Code of Virginia, as amended; and WHEREAS, the first reading of this appropriation ordinance was held on May 8, 2001, and the second reading of this ordinance was held on May 22, 2001, pursuant to the provisions of Section 18.04 of the Roanoke County Charter. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the following appropriations are hereby made from the respective funds for the period beginning July 1, 2001, and ending June 30, 2002, for the functions and purposes indicated: May 22, 2001 291 May 22, 2001 292 May 22, 2001 293 May 22, 2001 294 May 22, 2001 295 May 22, 2001 296 2. That the County Administrator may authorize or delegate the authorization of the transfer of any unencumbered balance or portion thereof from one department to another within a fund. 3. That all funded outstanding encumbrances, both operating and capital, at June 30, 2001, are re-appropriated to the 2001-02 fiscal year to the same department and account for which they are encumbered in the previous year. 4. That appropriations designated for capital projects will not lapse at the end of the fiscal year but shall remain appropriated until the completion of the project or until the Board of Supervisors, by appropriate action, changes or eliminates the appropriation. Upon completion of a capital project, staff is authorized to close out the project and transfer to the funding source any remaining balances. This section applies to appropriations for Capital Projects at June 30, 2001, and appropriations in the 2001-02 budget. 5. That all school fund appropriations remaining at the end of the 2000- 01 fiscal year not lapse but shall be appropriated to the School Capital Improvements Fund in fiscal year 2001-02. 6. That all General Fund appropriations remaining unexpended at the end of the 2000-01 fiscal year not lapse but shall be re-appropriated as follows: a) 40% of these unexpended appropriations shall be transferred to the unappropriated Capital Fund Balance; b) 60% of these unexpended appropriations shall be re-appropriated to the same department for expenditure in fiscal year 2001-02 as provided by Resolution 042396-5. 7. Revenues collected for FY00-01 that exceed revenue appropriations for the year shall be re-appropriated for specific expenditures as follows: Paramedic/Firefighters - 15 $337,500 J&DR Court Repairs 300,000 New High School - Water/Sewer Connection Fees 225,000 Tourism 200,000 Fuel Costs 200,000 Patrol Vehicles (6) - New Officers 150,000 Detention Costs 260,000 CPMT 100,000 May 22, 2001 297 HP Computer Upgrade 100,000 Economic Development - Tanglewood Mall 75,000 Regional Partnership/Convention and Visitors Bureau 35,000 Blue Ridge Behavioral Health Care 38,423 E-Government 50,000 VA Western Comm. College - Site Preparation** 32,267 Total 2,103,190 nd ** 1/3 funding for 3 years (2 Year) On motion of Supervisor Minnix to adopt ordinance removing the $7,000 recommended by the County Administrator for three agencies until they can be discussed in a later work session, and carried by the following recorded vote: AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS: None 2. Second reading of an ordinance authorizing conveyance of an easement to Verizon-Virginia, Inc. for Communications Facilities on the northwesterly side of Peters Creek Road on property known as the Public Safety Center owned by the Board of Supervisors and located in the Catawba Magisterial District. (Anne Marie Green, General Services Director) O-052201-7 Ms. Green reported that Verizon-Virginia, Inc. has requested a 14 x 30 foot easement on the Public Safety Center property to allow access to and installation of new fiber optic fed equipment that will provide facilities relief in the Peters Creek Road area. May 22, 2001 298 The new equipment will consist of two cabinets to be mounted on concrete pads with buried conduit running to the closest pole. This easement is to supercede and be in lieu of a pre-existing easement of 12' x 24' granted by the School Board in 1986, and expands it 2 x 6 feet. This easement shall not extend into the parking area for the Public Safety Center and Verizon’s access shall not impede or interfere with public safety vehicles. Ms. Green advised that the County staff has reviewed the request and has determined that, with the above conditions, it does not interfere with the County’s use of the property. Traditionally, in granting an easement to a utility that benefits the public, the County has not required any consideration for the transaction. Additionally, this equipment will improve the communication capacity at the Public Safety Center. Supervisor Johnson advised that he felt that utilities should still pay the County for easements. Ms. Green responded that they would consider charging a fee in the future, and Supervisor McNamara suggested a work session on this issue. Supervisor Church moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS: None ORDINANCE 052201-7 AUTHORIZING CONVEYANCE OF AN EASEMENT TO VERIZON-VIRGINIA, INC. FOR COMMUNICATIONS FACILITIES ON THE NORTHWESTERLY SIDE OF PETERS CREEK ROAD LOCATED May 22, 2001 299 NEAR THE SOUTHWESTERLY CORNER OF THE PROPERTY OWNED BY THE ROANOKE COUNTY BOARD OF SUPERVISORS COMMONLY KNOWN AS THE PUBLIC SAFETY CENTER (TAX MAP NO. 37.10-1-21.2) IN THE CATAWBA MAGISTERIAL DISTRICT WHEREAS, Verizon-Virginia, Inc. (Verizon) has requested an easement, increased in size from a pre-existing easement to a fourteen -foot (14') by thirty-foot (30') easement, for installation of new fiber optic fed equipment with buried conduit on property owned by the Roanoke County Board of Supervisors, located on the northwesterly side of Peters Creek Road and known as the Public Safety Center in the Catawba Magisterial District of the County of Roanoke, Virginia; and, WHEREAS, Verizon requires the easement in order to provide facilities relief in the Peters Creek Road area; and, WHEREAS, the proposed easement will serve the interests of the public and is necessary for the public health, safety, and welfare of citizens of the County of Roanoke. THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That pursuant to the provisions of Section 18.04 of the Roanoke County Charter, the acquisition and disposition of real estate can be authorized only by ordinance. A first reading of this ordinance was held on May 8, 2001; and a second reading was held on May 22, 2001. 2. That pursuant to the provisions of Section 16.01 of the Charter of Roanoke County, the interests in real estate to be conveyed are hereby declared to be surplus, and are hereby made available for other public uses by conveyance to Verizon- Virginia, Inc. for the provision of communications service. 3. That donation of an easement, in a rectangular shape of fourteen feet (14') by thirty feet (30'), for installation of new fiber optic fed equipment with buried conduit on the property known as the Public Safety Center (Tax Map No. 37.0-1-21.2), as shown on the Plat dated June 23, 2000, attached hereto as Exhibit A, to Verizon-Virginia, Inc., is hereby authorized and approved. 4. That the County Administrator is hereby authorized to execute such documents and take such further actions as may be necessary to accomplish this conveyance, 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. On motion of Supervisor Church to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS: None May 22, 2001 300 3. Second reading of an ordinance authorizing a lease agreement with Devon Mobile Communications, L.P. for use of the Goat Rock Water Tank for installation of a cellular antenna located in the Catawba Magisterial District. (Gary Robertson, Utility Director) County Attorney Paul Mahoney advised that Devon Mobile Communications L.P. has submitted a proposed lease agreement and an offer of $1,000/month for the use of this site. The initial term requested is for five years with the ability to renew for four successive five-year terms. Mr. Mahoney reported that James Week who owns property where the County has the easement believes that the agreement restricted the use of the easement. Mr. Mahoney has researched the easement and believes that Mr. Weeks does not have a valid claim. He recommended approval of the ordinance with page 2, paragraph 2 amended to leave flexibility on the lease amount. Supervisor Church expressed concern about Mr. Weeks’ problems with Devon and asked how adoption of the ordinance would affect Mr. Weeks. Mr. Mahoney advised there were three property owners and any or all three could take legal action against the County and the Circuit Court would review the documents. Supervisor Nickens suggested discussing the issue in Closed Meeting since there was probable litigation. May 22, 2001 301 Mr. James Weeks, 5938 Viewpoint Avenue, Salem, expressed concern about the manner in which the lease was negotiated and that no one has discussed this with him at any time. He does not oppose the cell tower on the tank but opposed the way it was handled and felt that he should be compensated. This item was discussed in closed meeting and action taken during the evening session. IN RE: APPOINTMENTS 1. Board of Zoning Appeals Supervisor McNamara nominated Eldon Karr to another five-year term which will expire June 30, 2006. 2. Clean Valley Council Supervisor McNamara suggested that someone else be appointed as Board Liaison and suggested Lee Eddy, who is already a member of the Clean Valley Council. Clerk Mary Allen was asked to contact Mr. Eddy. 3. Commission for Senior and Challenged Citizens Supervisor McNamara nominated Linda Lang to replace Denise Swanson who represented the Windsor Hills Magisterial District. May 22, 2001 302 4. Parks & Recreation Advisory Commission Supervisor Minnix nominated Jack Griffith, Cave Spring Magisterial District, to another three-year term expiring June 30, 2004. IN RE: CONSENT AGENDA R-052201-8, R-052201-8.f, R-052201-8.h, R-052201-8.j Supervisor Nickens moved to adopt the Consent Resolution. The motion carried by the following recorded vote: AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS: None It was the consensus of the Board to schedule a work session for July 10, 2001 concerning Item 11. RESOLUTION 052201-8 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM J -CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the certain section of the agenda of the Board of Supervisors for May 22, 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: May 22, 2001 303 1. Confirmation of committee appointments to the Parks and Recreation Advisory Commission and the Roanoke Valley-Alleghany Regional Commission. 2. Appropriation of state funds for Social Work Supervisor Position in the Department of Social Services and increase to the County’s Classification Plan. 3. Donation of an easement from Martin L. and Yvonne G. Carle to the Board of Supervisors (Tax Map No. 37.05-01-13). 4. Donation of an easement from Judith Sweeney Irish, formerly known as Judith A Sweeney to the Board of Supervisors (Tax Map No. 37.05-01-16). 5. Acceptance of a donation of a variable width water and sanitary sewer easement from Atlantic Financial Group Ltd. to the Board of Supervisors (Tax. Map. No. 77.13-5-49). 6. Resolution to complete the abandonment of a 0.12 mile section of Secondary Route 778 (Glenmary Drive). 7. Ratification of committee appointment to the Community Policy and Management Team (CPMT). 8. Resolution of appreciation upon the retirement of Walter L. Eanes, Sheriff’s Office after more than nineteen years of service. 9. Request to expand the training opportunities for the Police Department. 10. Request for abandonment of Arthur Thurman Road (Route 1551). 11. Request from County citizen to establish a separate personal property tax classification for motor homes used for recreational purposes. May 22, 2001 304 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 RESOLUTION 052201-8.f TO COMPLETE THE ABANDONMENT OF 0.12 MILE SECTION OF SECONDARY ROUTE 778, GLENMARY DRIVE WHEREAS, a public notice was posted as prescribed under §33.1-151, Code of Virginia, announcing a public hearing to receive comments concerning abandoning the section of road described below from the secondary system of state highways, and WHEREAS, the Commissioner of the Virginia Department of Transportation was provided the prescribed notice of this Board’s intent to abandon the subject section of road, and WHEREAS, after considering all evidence available, this Board is satisfied that no public necessity exists for the continuance of the section of Secondary Route 778, from the new cul-de-sac to end of state maintenance sign, a distance of 0.12 miles, and hereby deems that section of road is no longer necessary as part of the Secondary System of State Highways. NOW, THEREFORE, BE IT RESOLVED, this Board abandons the above described section of road and removes it from the secondary system of state highways, pursuant to §33.1-151, Code of Virginia. BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer of the Virginia Department of Transportation. 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 052201-8.h EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY UPON THE May 22, 2001 305 RETIREMENT OF WALTER L. EANES, SHERIFF'S OFFICE, AFTER MORE THAN NINETEEN YEARS OF SERVICE WHEREAS, Walter L. Eanes was first employed by Roanoke County on March 8, 1982, as a Deputy Sheriff - Corrections; and also served as Corrections Officer (Care and Confinement) and Deputy Sheriff - Corrections Corporal (Care and Confinement); and WHEREAS, Sergeant Eanes retired from Roanoke County on May 1, 2001, as a Deputy Sheriff - Sergeant after more than nineteen years of service; and WHEREAS, Sergeant Eanes was the first Commander of the Color Guard which was organized by members of the Sheriff’s Office in 1993 and remained the Commander until his retirement in 2001; and his participation in the Color Guard provided a great service to the community; and WHEREAS, Sergeant Eanes participated in the Special Olympics for many years as the Sheriff’s Office representative; and served as a strong example and role model for the other deputies in the Sheriff’s Office; and WHEREAS, Sergeant Eanes, through his employment with Roanoke County, has been instrumental in improving the quality of life for its citizens. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County expresses its deepest appreciation and the appreciation of the citizens of Roanoke County to WALTER L. EANES for more than nineteen years of capable, loyal and dedicated service to Roanoke County. FURTHER, the Board of Supervisors does express its best wishes for a happy, restful, and productive retirement. 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 052201-8.j APPROVING THE ABANDONMENT OF ARTHUR THURMAN ROAD FROM THE VIRGINIA SECONDARY SYSTEM OF STATE HIGHWAYS WHEREAS, a public notice was posted as prescribed under §33.1-151, Code of Virginia, announcing a willingness to hold a public hearing to receive comments May 22, 2001 306 concerning abandoning the section of road described below from the secondary system of state highways, and WHEREAS, no party requested that a public hearing be held. WHEREAS, The Commissioner of the Virginia Department of Transportation was provided the prescribed notice of this Board’s intent to abandon the subject section of road, and WHEREAS, The Virginia Department of Transportation has advised Roanoke County that the Department has no objection to the abandonment, and WHEREAS, after considering all evidence available, this Board is satisfied that no public necessity exists for the continuance of the section of Secondary Route 1551 from Pleasant Hill Drive to its western end, a distance of approximately 105 feet, and hereby deems that section of road is no longer necessary as a part of the Secondary System of State Highways. NOW, THEREFORE, BE IT RESOLVED, this Board abandons the above described section of road and removes it from the secondary system of state highways, pursuant to §33.1-151, Code of Virginia. BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer of the Virginia Department of Transportation. 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: REQUESTS FOR WORK SESSIONS 1. Request for Work Session on July 10, 2001 to discuss the impact of reductions to the BPOL tax. (Elmer Hodge, County Administrator) It was the consensus of the Board to schedule the work session for July 10, 2001. May 22, 2001 307 IN RE: REPORTS Supervisor Nickens 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. Revenues and Expenditures for the nine months ended April 30, 2001 6. Proclamation signed by the Chairman 7. Report on the activities and actions of the Roanoke Valley- Alleghany Regional Commission 8. List of changes to the Virginia Department of Transportation Secondary System in April 2001 9. Accounts Paid - April 2001 IN RE: CLOSED MEETING May 22, 2001 308 At 5:15 p.m., Supervisor Nickens moved to go into closed meeting pursuant to the Code of Virginia Section 2.1-344 A (3) acquisition or disposition of real estate for public purposes; 2.1-344A (5) discussion concerning a prospective business or industry where no previous announcement has been made; and 2.1-344A (7) consultation with legal counsel concerning: (a) negotiation of a contract with the Virginia Recreational Facilities Authority and Explore Foundation and (b) probable litigation concerning Goat Rock Water Tank (Item H-3). The motion carried by the following recorded vote: AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS: None IN RE: WORK SESSION 1. Work Session on redistricting. (Paul Mahoney, County Attorney) The work session was held from 5:20 p.m until 5:55 p.m. and presented by Mr. Mahoney, Registrar Diane St. John and County Planner Terry Harrington. Mr. Mahoney explained that this work session will provide an opportunity for the Board to review several redistricting plans developed by the Redistricting Committee. Since the existing election districts percentage deviation exceeds 16%, it will be necessary to modify the current district boundaries. Each of the plans for Board review satisfies legal May 22, 2001 309 requirements. Mr. Mahoney presented maps showing the district line adjustments. The plans included the following: Rd.) from the Hollins District to the Catawba District; and moves the Vinton District to East Hollins University Plan (1) The moves Hollins University (Plantation Rd and Williamson U.S. Route 460. A minor adjustment corrects a problem at the top of Poor Mountain along 12 O'Clock Knob Road. Catawba District; moves the Vinton District to East U.S. Route 460; makes the 12 O'Clock Woodlands Plan (2) The moves all of precinct 207 from the Hollins District to the Knob adjustment; adjusts the Cave Spring District to Bandy Rd./Crowell's Gap Rd (Rt. 657); and keeps Hollins University in the Hollins District. Castle Rock precinct to alleviate a problem of overcrowding identified by the Registrar . Castle Rock Plan Woodlands Plan, (3) The makes all of the changes in the and splits the High School Plan (4) The responds to several requests to place a high school in each election district. If the other plans could be described as minor, out-patient surgery , this plan would be described as major surgery. It splits North Lakes subdivision between Hollins District and Catawba District, moves the Bent Mountain precinct to Catawba District, Cotton Hill precinct to Windsor Hills District, Castle Rock to Cave Spring District, extends Cave Spring District to Bandy Rd./Old Virginia Springs Rd, and expands Vinton District into the East and West Ruritan Rd area. Following discussion, It was the consensus of the Board to move forward with the “Woodlands Plan.” 2. Work Session on Funding for Salem/Roanoke County Community Food Pantry ($2500), Southwest Virginia Second Harvest Food Bank ($2500), and Harrison Museum of African American Culture ($2000). The work session was held from 5:55 p.m. to 6:05 p.m. The Board was provided with a list of funded agencies that were approved by the Board prior to this May 22, 2001 310 meeting. It was the consensus of the Board to fund the three additional agencies and to set a work session to review the process for funding of social, cultural and charitable agencies for August 14, 2001 IN RE: CLOSED MEETING The closed meeting was held from 6:10 p.m. until 6:55 p.m. IN RE: CERTIFICATION RESOLUTION R-052201-9 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 052201-9 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: May 22, 2001 311 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 Certification Resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS: None IN RE: PUBLIC HEARING AND FIRST READING OF ORDINANCES 1. First reading of ordinance to increase the salaries of the members of the Board of Supervisors pursuant to Section 3.07 of the Roanoke County Charter and Section 15.2-1414.3 of the Code of Virginia. (Paul Mahoney, County Attorney) Mr. Mahoney advised that Section 15.2-1414.3 of the 1950 Code of Virginia and Section 3.07 of the County Charter require that any increase in Supervisors' salaries be accomplished by ordinance after public hearing between May 1 and June 30. Any increase is limited to an annual five (5%) percent inflation factor. The first reading and public hearing of this proposed ordinance was held on May 22, 2001, and the second reading is scheduled for June 12, 2001. Mr. Mahoney reported that the current salary for Board members is $12,658.97. There is an additional annual compensation for the Chairman of the Board at $1,800 and for the Vice-Chairman at $1,200. This ordinance May 22, 2001 312 increases salaries by 4%, which would cost $2,531.75 ($506.35 each). The new salary for each Board member would be $13,165.32. Supervisor Nickens moved to approve the first reading and set the second reading for June 12, 2001. The motion carried by the following recorded vote: AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS: None IN RE: PUBLIC HEARINGS AND SECOND READING OF ORDINANCES Chairman Minnix announced that the following public hearing has been withdrawn by the petitioner and will not be heard. Second reading of ordinance to rezone 1.17 acres from R-1 Low Density Residential District to C-1 Office District to operate professional offices, located at 4920 Colonial Avenue, Cave Spring Magisterial District, upon the petition of Steven L. Nash and William F. Richards. 2. Second reading of ordinance to rezone 1.50 acres from C-2 General Commercial District with conditions to C-1 Office District for professional office use, located at the southwest corner of Rosecrest May 22, 2001 313 Road and Route 221, Windsor Hills Magisterial District, upon the petition of Stephen D. and Marie Freeman. (Terry Harrington, County Planner) O-052201-10 Mr. Harrington advised that this property is designated Transition in the Roanoke County Land Use Plan and the petitioners’ request is consistent with that designation. The petitioners want to rezone this property from C-2, Conditional to C-1, Office District, but at this time have not stated a specific use of the property. In 1998, the petitioners had this property rezoned to C-2 with the intention of constructing a senior living facility but they have decided that project is not feasible. The Planning Commission recommended approval. Ed Natt, attorney for the petitioners was present to answer any questions and advised there was no opposition at the Planning Commission hearing. Supervisor McNamara moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS: None ORDINANCE 052201-10 TO CHANGE THE ZONING CLASSIFICATION OF A 1.5-ACRE TRACT OF REAL ESTATE LOCATED AT THE SOUTHWEST CORNER OF ROSECREST ROAD AND ROUTE 221 (TAX MAP NOS. 86.12-3-14, 86.12-3-15, 86.12-3-16, AND A PORTION OF 86.12-3-13) IN THE WINDSOR HILLS MAGISTERIAL DISTRICT FROM THE ZONING May 22, 2001 314 CLASSIFICATION OF C-2 (CONDITIONAL) TO THE ZONING CLASSIFICATION OF C-1 UPON THE APPLICATION OF STEPHEN D. FREEMAN AND MARIE FREEMAN WHEREAS, the first reading of this ordinance was held on April 24, 2001, and the second reading and public hearing were held May 22, 2001; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on May 1, 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 1.5 acres, as described herein, and located at the southwest corner of Rosecrest Road and Route 221 (Tax Map Numbers 86.12-3-14, 86.12-3-15, 86.12-3-16, and a portion of 86.12- 3-13) in the Windsor Hills Magisterial District, is hereby changed from the zoning classification of C-2, General Commercial District with conditions, to the zoning classification of C-1, Office District for professional office use. 2. That this action is taken upon the application of Stephen D. Freeman and Marie Freeman. 3. That said real estate is more fully described as follows: BEGINNING at a point on the westerly side of Brambleton Avenue (Route 221) at its intersection with the northerly side of Ryan Lane; thence S. 65 deg. 55' 23" W. 7.28 feet; thence N. 61 deg. 42' 37" W. 110.56 feet; thence N. 67 deg. 37' 35" W. 92.70 feet to a point on the easterly side of Bill and Kathleen Sizemore (Tax Map No. 86.12-3-18); thence N. 22 deg. 01' 17" E. 316.80 feet to a point; thence N. 83 deg. 39' 17" E. 102.10 feet to a point; thence S. 22 deg. 04' 17" W. 93.05 feet to a point; thence S. 68 deg. 11' 15" E. 130.38 feet to a point on the westerly right-of-way of Brambleton Avenue; thence with the same S. 24 deg. 34' 31" W. 475 feet to the point and place of beginning and containing 1.5 acres, more or less. 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 McNamara to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS: None May 22, 2001 315 3. Second reading of ordinance to obtain a Special Use Permit for 2.1848 acres to develop a non-conforming lot of record with no public street frontage, located in the 5100 block of Starkey Lane, Cave Spring Magisterial District, upon the petition of Michael A. Anderson. (Terry Harrington, County Planner) O-052201-11 Mr. Harrington advised that Mr. Anderson plans to move his business, Varsity Landscaping, to a site on Starkey Lane; a private street in the 5100 block of Starkey Road. Adequate access is available via an easement along Starkey Lane. The use of the property is allowed by right in the I-2 zoning district. The proposed development conforms with the policies and guidelines of the 1998 Roanoke County Community Plan. The Planning Commission recommended approval of the request. Supervisor Johnson asked if there would be any stump grinding and mulch storage. The petitioner was present and responded that there would be no stump grinding and no more than five loads of mulch at any time. Supervisor Minnix moved to adopt the ordinance with two conditions: (1) that no stump grinding will be allowed; and (2) that there be no more than five tractor truck May 22, 2001 316 loads of mulch on the property at any time. The motion carried by the following recorded vote: AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS: None ORDINANCE 052201-11 GRANTING A SPECIAL USE PERMIT TO MICHAEL A. ANDERSON TO DEVELOP A NON-CONFORMING LOT OF RECORD WITH NO STREET FRONTAGE TO BE LOCATED IN THE 5100 BLOCK OF STARKEY LANE (TAX MAP NOS. 87.11-3-19, 87.11-3-20, 87.11-3-11 ), CAVE SPRING MAGISTERIAL DISTRICT WHEREAS, Michael A. Anderson has filed a petition for a special use permit to develop a non-conforming lot of record with no street frontage located in the 5100 block of Starkey Lane (Tax Map Nos. 87.11-3-19, 87.11-3-20, 87.11-3-11) in the Cave Spring Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this matter on May 1, 2001; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first reading on this matter on April 24, 2001; the second reading and public hearing on this matter was held on May 22, 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 Michael A. Anderson to develop a non-conforming lot of record with no street frontage located in the 5100 block of Starkey Lane (Tax Map No. 87.11-3-19, 87.11-3-20, 87.11-3- 11) 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 with the following conditions: a. The grinding of stumps, brush and other types of wood products or materials shall not be allowed on the property. b. That there shall be no more than five tractor-trailer truck loads of mulch on the property at any one time. 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 provisions of this ordinance be, and the same hereby are, repealed. The Zoning Administrator is May 22, 2001 317 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 two conditions added, and carried by the following recorded vote: AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS: None 4. Second reading of ordinance to obtain a Special Use Permit for 2.14 acres for an extension of tower height located at 880 Brushy Ridge Road, Catawba Magisterial District, upon the petition of Nextel Partners, Inc. (Terry Harrington, County Planner) O-052201-12 Mr. Harrington explained that a Special Use Permit is required in order to extend the height of an existing 100 foot tall wireless communications tower for the placement of existing antennae arrays higher on the tower. The property is currently zoned AG-1 Low Density Agricultural with a Special Use Permit for the existing tower. The existing antennae are located at the 85 foot point on the tower which is close to the Interstate 81 tower. The Planning Commission recommended approval with six conditions. Supervisor Church moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS: None May 22, 2001 318 ORDINANCE 052201-12 GRANTING A SPECIAL USE PERMIT TO NEXTEL PARTNERS, INC. FOR AN EXTENSION ON TOWER HEIGHT LOCATED AT 880 BRUSHY RIDGE ROAD (TAX MAP NO. 45.01-1-71), CATAWBA MAGISTERIAL DISTRICT WHEREAS, Nextel Partners, Inc. has filed a petition for a special use permit for an extension on tower height located at 880 Brushy Ridge Road (Tax Map No. 45.01- 1-71) in the Catawba Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this matter on May 1, 2001; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first reading on this matter on April 24, 2001; the second reading and public hearing on this matter was held on May 22, 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 Nextel Partners, Inc. for an extension on tower height located at 880 Brush Ridge Road (Tax Map No. 45.01-1-71) in the Catawba 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: (1) The height of the proposed tower, shall not exceed 120 feet above existing grade. A monopole type structure shall be constructed. The structure shall have a structural capacity to be increased in height to 160 feet, however, the tower shall not be increased in height above 120 feet unless the increase is required to accommodate co- location of equipment for another vendor/provider, and any increase in tower height above 120 feet shall be subject to an additional special use permit application. (2) The tower structure and all attached hardware shall be a flat matted color so as to better blend into the landscape and reduce visibility and light reflection. (3) No lighting shall be installed on the tower structure or equipment building. (4) This tower shall be structurally designed to carry sufficient loading and the site shall be developed to accommodate the additional buildings necessary to accommodate co-locating of communications equipment of at least two other vendors/providers, in addition to the number of vendors/providers currently present, in addition to the City of Salem and CFW. In addition, by executing the Special Use Permit, the applicant and owner of the land agree to make the tower and tower site available for lease within the structural capacity of the tower and at reasonable costs adequate to recover the capital, operating and maintenance costs of the tower location required for the additional capacity. May 22, 2001 319 (5) If the use of the tower structure for wireless communications is discontinued, the tower structure shall be dismantled and removed from the site within 30 days of notice by the County, and the Special Use Permit shall become void. (6) As a part of construction, all unused structures, poles and antennas on the property shall be removed and 8 foot security fencing shall surround the compound. 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 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 Church to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS: None 5. Second reading of ordinance establishing a Fee For Service by enacting Article VI. Fee for Services of Chapter 2, Administration of the Roanoke County Code, to require a permit to operate emergency medical services vehicles in the County, to establish reasonable charges for permitted activities and minimum standards for operations, and to provide for appeals from denials, revocations or suspensions of permits. (Rick Burch, Fire and Rescue Chief and Joseph Obenshain, Senior Assistant County Attorney) O-052201-13 Mr. Obenshain advised that the only change in the ordinance since the first reading is that the there is less specificity on page 2 of the ordinance. May 22, 2001 320 Chief Burch advised that adoption of the ordinance sets the foundation to proceed with the educational process, which will take several months. Staff will come back to the Board for approval of the specific fee amounts. In response to questions from Supervisors Johnson and Church, Mr. Hodge responded that the person will be billed once for the fee and if the person has no insurance or can not afford to pay the fee, he will not be billed again. James Garris, 3108-D Honeywood Lane, advised that the insurance companies will raise the costs to the insured to cover the increased cost of the fee. He also expressed concern that the Board decreased the real estate tax and then increased a user fee. Supervisor Nickens moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS: None ORDINANCE 052201-13 ENACTING ARTICLE VI. FEE FOR SERVICES OF CHAPTER 2 ADMINISTRATION OF THE ROANOKE COUNTY CODE, TO REQUIRE A PERMIT TO OPERATE EMERGENCY MEDICAL SERVICES VEHICLES IN THE COUNTY, TO ESTABLISH REASONABLE CHARGES FOR PERMITTED ACTIVITIES AND MINIMUM STANDARDS FOR OPERATIONS, AND TO PROVIDE FOR APPEALS FROM DENIALS, REVOCATIONS OR SUSPENSIONS OF PERMITS WHEREAS, the Roanoke County Departments of Fire and Rescue is committed to protecting the health and safety of all the citizens of Roanoke County by providing timely responses by its trained emergency services personnel to emergency situations; and May 22, 2001 321 WHEREAS, the County of Roanoke has embarked upon a program to hire fifteen additional trained fire and emergency services personnel to provide an acceptable level of response to calls for emergency services; and, WHEREAS, the cost of emergency transports by trained emergency services personnel is usually covered by most health insurance policies so that charging individuals for the cost of emergency transports to hospital emergency rooms or other appropriated locations for emergency care is an appropriate means of funding a part of the cost of Roanoke County’s emergency services; and WHEREAS, Section 32.1-111.14 of the Code of Virginia empowers the Board of Supervisors of Roanoke County to enact an ordinance which establishes reasonable conditions for the provision of emergency services within the county, including granting of permits, limiting the number of emergency medical service vehicles to be operated in the county, establishing reasonable charges for providing emergency services, setting minimum limits of insurance coverage, and establishing such other regulations as are reasonably necessary and consistent with other laws and regulations for the operation of emergency medical service vehicles; and WHEREAS, the Board of Supervisors of Roanoke County makes findings of fact that, having previously established the goal of providing emergency medical services and advanced life support services within an acceptable level of response time to the county’s population which would necessitate the hiring of not less than fifteen (15) additional trained emergency services personnel funded, in part, by the fees generated by this ordinance; and WHEREAS, the first reading of this ordinance was held on May 8, 2001; and after notice as required by law, the second reading and public hearing was held on May 22, 2001. BE IT ORDAINED by the Board of Supervisors of the County of Roanoke, Virginia, as follows: 1. That ARTICLE VI. FEE FOR SERVICES of Chapter 2 ADMINISTRATION, be enacted as follows: ARTICLE VI. FEE FOR SERVICES Sec. 2-130. Definitions. As used in this chapter, the following words and phrases shall have the meanings as set forth in this section, unless the context clearly indicates a different meaning: Ambulance: The term “ambulance” shall mean any publicly or privately owned vehicle that is specially designed, constructed or modified and equipped for and is intended to be used for and is maintained or operated to provide immediate medical care to or transport of persons who are sick, injured, wounded or otherwise incapacitated or helpless. Emergency: The term “emergency” shall mean an unforseen condition or circumstance in which there is a need for immediate medical care in order to prevent loss of life or aggravation of illness or injury. May 22, 2001 322 Emergency medical services vehicle: The term “emergency medical services vehicle” shall mean an ambulance, rescue squad vehicle, fire truck or other government owned vehicle which may be used for or is maintained or operated to provide immediate medical care to or transport of persons who are sick, injured, wounded or otherwise incapacitated or helpless. Patient: The term “patient” shall mean an individual who is sick, injured, wounded or otherwise incapacitated or helpless. Permit: The term “permit” shall mean a permit issued by the county administrator or his designee, authorizing the operation of an ambulance. Person: The term “person” shall mean an individual, firm, partnership, association, corporation, company, group of individuals acting together for a common purpose, or organization of any kind. Section 2-131. Charges for ambulance services. The Board of Supervisors may establish by resolution, upon recommendation of the County Administrator and the Chief of Fire and Rescue, reasonable fees for the provision of emergency medical services by all emergency medical service personnel, whether volunteers or paid public employees, and by all private ambulances operating under a permit issued pursuant to this article. Section 2-132. Permit required; exceptions. (3) No person shall operate or cause to be operated a private ambulance or emergency medical services vehicle from within the county to any other location within or outside the county, unless such person possesses a permit. (4) The Chief of Fire and Rescue, or his designee, is authorized to determine and prescribe the areas of service within which a permit holder may operated within the county so as to assure adequate coverage throughout the geographical area of the county. Further, the number of permits for ambulances or emergency medical service vehicles in the county may be limited to achieve the objectives of this article. (5) No permit shall be required for operation of a private ambulance or emergency medical services vehicle which is : (1) Engaged in the transportation of a person from a point beyond the limits of the county to a location within the county; or (2) Engaged in the transportation of a person through the county. (6) No permit shall be required for operation of a private ambulance or emergency medical services vehicle when used to render assistance, at the request of the county, in the case of a major catastrophe or emergency with which the vehicles which have received a permit to operate in the county are insufficient or unable to cope. (7) The provisions of this Article shall not apply to any ambulance or emergency medical services vehicle owned and operated by the Town of Vinton, without their consent. May 22, 2001 323 Section 2-133. Volunteer rescue squads and governmental agencies. Volunteer rescue squads and the members thereof who are acting in such capacity and agencies of the County of Roanoke and their employees who are acting in any capacity of emergency services shall be subject to the provisions of this chapter. Section 2-134. Permit- Application. Any person who desires a permit shall file a sworn application with the Chief of Fire and Rescue, or his designee, on a form prepared and provided for that purpose. The application shall include evidence of compliance with the terms and provisions of this chapter and such other information as the Chief of Fire and Rescue, or his designee, shall require. Section 2-135. Same - Requirements. No person shall be issued a permit unless he: (1) Furnishes proof that he possesses a valid permit issued by the Commonwealth of Virginia to operate an ambulance or emergency medical service vehicle. (2) Files a schedule of rates to be charged for services rendered under the permit which shall not be less than the charges authorized by Section 2- 131, above. (3) Agrees in writing to comply with the terms and conditions of this chapter, other provisions of the Roanoke County Code, any reasonable rules and regulations developed by the County Administrator or his/her designee for the implementation of this article, and applicable state and federal laws and regulations. (4) Agrees in writing to provide mutual aide assistance, if available, in any emergency situation upon the request of the county. (5) Provides an appropriated certificate of insurance, or certificate of self- insurance where appropriate, indicating the following minimum coverages: motor vehicular liability insurance of one hundred thousand dollars ($ 100,000.00) per occurrence and three hundred thousand dollars ($ 300,000.00) aggregate and general liability insurance of one hundred thousand dollars ($ 100,000.00) per occurrence and three hundred thousand dollars ($ 300,000.00) aggregate. The certificate of insurance shall contain a clause obligating the company issuing the same to give fifteen (15) days notice in writing to the County Administrator and the County’s Risk Manager before the cancellation of such policies. The County of Roanoke shall be named as an additional insured on such policies of insurance as its interests may appear. May 22, 2001 324 Section 2-136. Same - issuance or denial. (1) The Chief of Fire and Rescue, or his designee, upon consideration of the requirements set forth in this chapter, shall grant or deny the request for permit. The decision of the Chief of Fire and Rescue, or his designee, shall be in writing and he/she shall mail a copy thereof to the applicant at the address listed on his/her application. (2) Any person who is denied a permit by the Chief of Fire and Rescue, or his designee, may appeal the same to the County Administrator, by written notice filed within thirty (30) calendar day of the date of the mailing of the Chief’s/designee’s decision. The County Administrator, after such investigation and hearing as he/she may deem appropriated, may affirm, reverse or modify the prior decision, or may remand the matter for further investigation or action. (3) Any person who is denied a permit by final decision of the County Administrator may appeal the same to the Board of Supervisors by written notice filed with the Clerk of the Board within thirty (30) calendar days of mailing of the County Administrator’s final decision. Upon proper filing of such appeal, after such notice and hearing as the Board of Supervisors may deem appropriate, the Board may affirm, reverse, or modify the County Administrator’s decision, or may remand the matter for further investigation or action. Section 2-137. Duty to give notice of change of circumstances. The applicant for a permit or, if a permit has been granted, the holder of a permit shall immediately give notice in writing to the Chief of Fire and Rescue of any change in the information set forth in the application for permit, including, without limitation, any change in rates, insurance coverage, or the ownership of fifty (50%) percent or more of the common stock of the corporation which has applied for or has received the permit. Section 2-138. Current holders of certificates of public convenience and necessity. Any person who, on the effective date of this ordinance, holds a certificate of public convenience and necessity issued by the county or the Commonwealth of Virginia licensing the operation of an ambulance or vehicle for the transportation of handicapped persons may, for a period of sixty (60) calendar days after the effective date of this ordinance, continue to operate same within the County of Roanoke. Thereafter such person shall be required to have a permit issued by the Chief of Fire and Rescue, or his designee. Section 2-139. Suspension or revocation of permit. (1) Any permit issued under this chapter may be suspended or revoked by the Chief of Fire and Rescue, or his designee, after a hearing, for failure to comply with the provisions of Title 32.2, Chapter 5, Article 2.1 of the Code of Virginia or of this Chapter or any other provision of local, state or federal law or regulation. Such hearing shall be held after ten (10) calendar days prior written notice, mailed to the permit holder at the address May 22, 2001 325 listed on his application or any subsequent written notification of change of address. After the hearing, the Chief of Fire and Rescue, or his designee, shall render his decision in writing and shall mail a copy thereof to the permit holder at the address described above. The decision of the Chief of Fire and Rescue, or his designee, shall be effective as of the date established in his decision and shall not be stayed pending the outcome of any appeal. (2) Any permit holder affected by an adverse decision of the Chief of Fire and Rescue, or his designee, may appeal the same to the County Administrator, by written notice filed within thirty (30) calendar day of the date of the mailing of the Chief’s/designee’s decision. The County Administrator, after such investigation and hearing as he/she may deem appropriated, may affirm, reverse or modify the prior decision, or may remand the matter for further investigation or action. (3) Any permit holder affected by an adverse decision of the County Administrator may appeal the same to the Board of Supervisors by written notice filed with the Clerk of the Board within thirty (30) calendar days of mailing of the County Administrator’s final decision. Upon proper filing of such appeal, after such notice and hearing as the Board of Supervisors may deem appropriate, the Board may affirm, reverse, or modify the County Administrator’s decision, or may remand the matter for further investigation or action. Section 2-140. Sale, assignment, etc. prohibited. No permit granted under this chapter may be sold, assigned, or transferred, nor shall it in any way vest in any person, other than the applicant to whom the permit is granted, any rights or privileges under the permit. For purposes of this section, the transfer of ownership of fifty (50%) percent or more of the common stock of a corporation which has been granted a permit shall be deemed to be a transfer of the permit. Section 2-141. Authorization to provide nonemergency services: response to emergencies permitted under limited conditions. (1) The holder of a permit shall be authorized to respond to requests for non- emergency service. Response to emergencies shall not be permitted unless: (1) A request is made by the patient or by someone on behalf of the patient. (2) A request is made by an authorized representative of the county. (3) A condition is coincidentally observed by the owner or operator of the ambulance which requires immediate attention. (2) A permit holder who provides ambulance or emergency medical service under emergency conditions shall give immediate notice of such response at the time of response to the county’s emergency dispatch/E-911 center. Section 2-142. Operations within the county. May 22, 2001 326 (1) As a condition of the permit, the permit holder agrees to provide service throughout the geographic area designated by the permits, which may include the Town of Vinton. The Town of Vinton is hereby authorized to exercise any of the powers set forth in paragraphs A & B of Section 32.1-111.14 of the Code of Virginia beginning one hundred eighty (180) days from receipt of a certified copy of this ordinance from the clerk of this board. (2) No permit holder shall refuse to transport any person in the county to any hospital emergency room, approved by the County Administrator or his/her designee, in the county or an adjoining city without just cause. For purposed of this section, the term “just cause” shall include unavailability of qualified personnel or vehicles and the inability or refusal of the patient to pay for the requested ambulance service. Section 2-143. Service logs. Every permit holder shall maintain accurate service logs of operations undertaken in accordance with its permit. Such service logs shall include, with regard to each request for ambulance service, the time and date the request was received, the location of the patient on whose behalf the request was made, the time the ambulance arrived at the location, the destination and time of arrival at the destination. If the request was denied, the log shall indicate the reason for such denial. In addition, the service log shall include any other information required by the Chief of Fire and Rescue. Such logs shall be maintained for a period of three (3) years and made available for inspection by authorized representatives of the county upon reasonable request. Section 2-144. Powers and responsibilities of the County Administrator. The County Administrator, or his designee, is hereby authorized to exercise the following powers and responsibilities in order to effectively achieve the purposes of this article, as follows: (1) To enter into contracts with any person for the administration and collection of any fees which are imposed by the Roanoke County Department of Fire and Rescue or other county agency, by any volunteer rescue squad or other non-profit organization operating under any permit granted in accordance with this article; (2) To establish reasonable rules and procedures for imposing and collecting authorized fees for the provision of emergency medical services; (3) To write off as uncollectible any accounts which are reasonably deemed to be uncollectible; and (4) To exercise such other reasonable powers and authority as shall be necessary for the proper administration of this article. 2. That this ordinance shall be in full force and effect from and after the date of its adoption. May 22, 2001 327 On motion of Supervisor Nickens to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS: None 6. Second reading of ordinance amending the Roanoke County Code by amending Section 21-73, General Prerequisites to grant of Division 3, Exemption for elderly and disabled persons of Chapter 21.Taxation to increase the total combined income provision for real estate tax exemption for the elderly and handicapped. (Paul M. Mahoney, County Attorney) O-052201-14 Mr. Obenshain reported that at the first reading it was proposed by staff that this amendment become effective January 1, 2002 for the 2002 calendar tax year. However, several Board members directed that the ordinance become effective July 1, 2001 so it would apply to the second half of 2001 real estate tax. The Commissioner of the Revenue, Nancy Horn, believes that her office can manage the increased workload and the Information Technology Director advised the changes would have to be manually recorded because programming changes could not be implemented until next year. Supervisor McNamara requested information on the actual tax loss as a result of changes to the ordinance. May 22, 2001 328 Supervisor Nickens moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS: None ORDINANCE 052201-14 AMENDING THE ROANOKE COUNTY CODE BY AMENDING SECTION 21-73, GENERAL PREREQUISITES TO GRANT OF DIVISION 3. EXEMPTION FOR ELDERLY AND DISABLED PERSONS OF CHAPTER 21. TAXATION TO INCREASE THE TOTAL COMBINED INCOME PROVISION FOR REAL ESTATE TAX EXEMPTION FOR THE ELDERLY AND HANDICAPPED WHEREAS, Section 21-73 of the Roanoke County Code establishes a restriction upon the total combined income for the exemption from or deferral of real estate taxes for certain elderly or permanently or totally disabled persons; and WHEREAS, Ordinance 84-232 adopted on December 18, 1984, increased this financial restriction from $15,000 to $18,000, and Ordinance 22388-9 adopted February 23, 1988, increased this financial restriction from $18,000 to $22,000, and Ordinance 82791-10 adopted August 27, 1991, increased this financial restriction from $22,000 to $30,000; and WHEREAS, the 2001 General Assembly for the Commonwealth of Virginia amended Section 58.1-3211 of the 1950 Code of Virginia by increasing this financial restriction to $50,000.00; and WHEREAS, the first reading on this ordinance was held on May 8, 2001; and the second reading and public hearing was held on May 22, 2001. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That Section 21-73, General prerequisites to grant of Division 3. Exemption for elderly and disabled persons of Chapter 21, Taxation be amended to read and provide as follows: Sec. 21-73. General prerequisites to grant. Exemptions provided for in this division shall be granted only if the following conditions are met: (1) That the total combined income, during the immediately preceding calendar year, from all sources, of the owner of the dwelling and his relatives living therein did not exceed thirty thousand dollars ($30,000) fifty thousand dollars ($50,000); provided, however, that the first sixty-five hundred dollars ($6,500) of income of each relative, other May 22, 2001 329 than the spouse of the owner, who is living in the dwelling shall not be included in such total. * * * * 2. That this ordinance shall be in full force and effect from and after July 1, 2001, and it shall become effective for the second half of the 2001 real estate tax year. Any person seeking an exemption under this amendment shall file an application for May 22, 2001 330 exemption with the commissioner of the revenue, between July 1, 2001 and August 31, 2001. Applications for exemption for the second half real estate taxes shall be subject to all of the other terms and conditions of this division. Thereafter applications shall be filed as required under Section 21-74 of the Roanoke County Code. On motion of Supervisor Nickens to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS: None 7. Second reading of an ordinance authorizing a lease agreement with Devon Mobile Communications, L.P. for use of the Goat Rock Water Tank for installation of a cellular antenna located in the Catawba Magisterial District. (Gary Robertson, Utility Director) O-052201-15 This item was discussed during the afternoon session and removed from the agenda for discussion in closed meeting. Supervisor McNamara moved to adopt the ordinance with number 2 on page 2 of the ordinance changed to “a lease amount of not less than $1,000...”. The motion carried by the following recorded vote: AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS: None ORDINANCE 052201-15 AUTHORIZING A LEASE AGREEMENT WITH DEVON MOBILE COMMUNICATIONS, L.P. FOR THE USE OF THE GOAT ROCK WATER TANK FOR THE INSTALLATION OF A CELLULAR ANTENNA May 22, 2001 331 WHEREAS, the ever increasing use of cellular telephones within the Roanoke Valley creates a demand for additional cellular tower locations to accommodate the needs of cellular phone companies to adequately handle this increased cellular phone traffic; and WHEREAS, the proliferation of cellular phone towers creates the potential for significant impacts upon the visual, environmental and economic environment of Roanoke County, and adjoining jurisdictions, which has compelled the County to encourage the co-location of cellular transmission equipment and facilities on existing structures as opposed to the erection of new towers; and WHEREAS, Devon Mobile Communications, L.P., an FCC licensed provider of cellular telephone services within the Roanoke Valley, has approached the Roanoke County Utility Department with a proposal for leasing space on the County's Goat Rock water tank, which is located on the western side of “Big Hill” off of Viewpoint Avenue, for the installation of a cellular repeater antenna; and WHEREAS, this proposed lease would generate revenue for the Utility Department's water fund which will assist this Department in maintaining this water tank and other facilities and may alleviate the need for future rate increases; and WHEREAS, the first reading of this ordinance was held on May 8, 2001; and the second reading for this ordinance will be held on May 22, 2001. BE IT ORDAINED by the Board of Supervisors of the County of Roanoke, Virginia, as follows: 1. That pursuant to the provisions of Section 18.04 of the Charter of Roanoke County, a first reading was held on May 8, 2001; and a second reading was held on May 22, 2001, concerning the lease of a location for a cellular telephone repeater antenna on the County's Goat Rock water tank shown and designated on the Roanoke County Land Records as Tax Map No.64.03-1-7.01. 2. That an offer in writing having been received to lease said properties, the offer of Devon Mobile Communications, L.P.. for a lease term of five (5) years with the right for four additional terms of five (5) years and a lease amount of not less than $1,000 per month, with reasonable increases in lease payments upon each renewal thereof, is hereby accepted; and 3. That the proceeds from the lease of said properties shall be deposited in the Water Utility Fund. 4. That the County Administrator is authorized to execute such leases, and any accompanying documents, and to take such other actions on behalf of Roanoke County as are necessary to accomplish the lease of a cellular telephone antenna location on the Goat Rock water tank site, all of which shall be of such form as approved by the County Attorney. 5. That this ordinance shall be in full force and effect from its passage. May 22, 2001 332 On motion of Supervisor McNamara to adopt the ordinance with Number 2 on Page 2 of the ordinance changed to “a lease amount of not less than $1,000”, and carried by the following recorded vote: AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS: None IN RE: ADJOURNMENT Chairman Minnix adjourned the meeting at 7:35 p.m. Submitted by, Approved by, __________________ ________________ Mary H. Allen, CMC H. Odell Minnix Clerk to the Board Chairman May 22, 2001 333 This page left intentionally blank