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HomeMy WebLinkAbout7/10/2001 - Regular July 10, 2001 407 Roanoke County Administration Center 5204 Bernard Drive Roanoke, Virginia 24018 July 10, 2001 The Board of Supervisors of Roanoke County, Virginia, met this day at the Roanoke County Administration Center, this being the second Tuesday and the first regularly scheduled meeting of the month of July, 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 3:01 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 The Reverend Byron Greene, Vinton Baptist July 10, 2001 408 Church. The Pledge of Allegiance was recited by all present. IN RE: REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF AGENDA ITEMS Mr. Hodge added a New Business item 1, adoption of a resolution supporting the Read Mountain Alliance and efforts to preserve Read Mountain. Mr. Mahoney added two item to the Closed Meeting pursuant to Section 2.1- 344 a (7) legal matters, Explore Park and Wal-Mart project. IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND AWARDS 1. Presentation to Chairman Minnix Mr. Hodge and Supervisor Church presented a photograph to Chairman Minnix which was taken of him at the Firearms Training Center dedication. IN RE: NEW BUSINESS 1. Resolution of support for the preservation of Read Mountain and the efforts of the Read Mountain Alliance. (Elmer Hodge, County Administrator) July 10, 2001 409 R-071001-1 Mr. Hodge, Ron Crawford, a landowner adjacent to Read Mountain, and Liz Belcher, Greenway Coordinator, were present. Mr. Hodge advised that a resolution of support for the preservation of Read Mountain was approved by the Board in November 2000, when the County applied for a $200,000 grant. Mr. Crawford reported that the grant was not approved and they will be applying again this year. They are also embarking on a citizens’ initiative to gather support, and they plan to have a petition drive and seek letters of support. They are also working with the Western Virginia Land Trust on a fund raising drive, and donations should be made to the Land Trust specifically for Read Mountain preservation. They have recruited 40 volunteers and are also recruiting technical advisors. Ms. Scheid added they are investigating the transfer of development rights at the upper elevations of 1800 feet and above to the lower elevations. Supervisor Johnson pledged the County’s support but noted the need to also protect the rights of citizens. He moved to adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS: None RESOLUTION 071001-1 OF ROANOKE COUNTY’S SUPPORT FOR July 10, 2001 410 THE PRESERVATION OF READ MOUNTAIN AND THE EFFORTS OF THE READ MOUNTAIN ALLIANCE WHEREAS, a group of property owners and interested citizens have initiated efforts to enhance and preserve Read Mountain; and, WHEREAS, the mountains and ridge lines in Roanoke County are a unique and vital resource of scenic, natural and economic value; and, WHEREAS, goals, objectives and recommendations of the Roanoke County Community Plan include preserving the natural resources of the County including ridge line protection measures; and, WHEREAS, the Roanoke County Community Plan also recommends allowing the transfer of densities from higher elevations to lower elevations to allow full development rights; and, WHEREAS, the Roanoke County staff shall assist the Read Mountain Alliance with technical expertise, legislative assistance and grant applications; and, WHEREAS, the acquisition of conservation easements and/or real property on Read Mountain through non-County funds would be the cornerstone for the preservation of Read Mountain as a natural asset for all citizens of the Roanoke Valley to enjoy at no expense to Roanoke County taxpayers; NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County, Virginia, supports the following. I. That Roanoke County has an interest in the preservation of Read Mountain. II. That Roanoke County shall work in concert with property owners and citizens to achieve these goals. III. That the efforts to preserve Read Mountain should include the acquisition of conservation easements or real property where appropriate. IV. That Roanoke County supports the efforts of the Read Mountain Alliance to preserve the mountaintop areas of Read Mountain. 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 IN RE: FIRST READING OF ORDINANCES July 10, 2001 411 1. First reading of ordinance authorizing the vacation of a portion of an existing 20 foot water and sanitary sewer easement across Tract 1A, property of Strauss Construction Corporation in the Cave Spring Magisterial District. (Arnold Covey, Community Development Director) Mr. Covey reported that Strauss Construction Corporation is the current owner of Tract 1A. The existing water and sewer easement was originally acquired from Norma Sigmon by deed of easement. Strauss Construction Corporation dedicated by plat an alternate easement prior to water line construction. The water line was constructed in the alternate easement making this portion of the existing easement unnecessary. This easement is part of the development of the Gardens of Cotton Hill subdivision. There was no discussion. Supervisor Minnix moved to approve the first reading and set the second reading for July 24, 2001. The motion carried by the following recorded vote: AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS: None 2. First reading of ordinance authorizing the vacation of sanitary July 10, 2001 412 sewer easement, two drainage easements, stormwater management access easement, and pump station and access easement in Buckland Mills Subdivision, (Plat Book 21, page 169; Plat Book 24, page 19), Hollins Magisterial District. (Arnold Covey, Community Development Director) Mr. Covey reported that this is the first reading of a proposed ordinance to vacate a series of easements in Buckland Mills Subdivision to complete the development in compliance with Roanoke County regulations. The developer has recorded a Resubdivision Plat for Lots 11 & 12 creating New Lot 11-A, New Lot 12-A, and New Public Utility Lot. Mr. Covey explained that the petitioner, Signature Builders, Inc., has requested that the Board vacate all or portions of the easements. The sanitary sewer easement on Lots 9 and 10, and a portion of Lot 8, was not used for sanitary sewer facilities and is not required. A portion of the 20' drainage easement and a portion of the 15' drainage easement on Lot 12 has been re-created on Lot 12-A Mr. Covey requested that the Board approve the proposed vacations. The alternative easement locations have been reviewed and approved by the affected County departments, the revisions will not adversely affect any public services, and these vacations will not involve any cost to the County. Supervisor Johnson moved to approve the first reading and set the second July 10, 2001 413 reading for July 24, 2001. The motion carried by the following recorded vote: AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS: None IN RE: APPOINTMENTS 1. Social Services Advisory Board Supervisor Church nominated Dorothy A. Barr to serve a four-year term expiring August 1, 2005. Supervisor McNamara announced that he is looking for a representative for the Windsor Hills Magisterial District. Supervisor Johnson asked Clerk Mary Allen to contact Patricia Thompson to serve another term and to place her confirmation on the July 24, 2001 consent agenda if she is willing. IN RE: CONSENT AGENDA R-071001-2 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 RESOLUTION 071001-2 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM I - CONSENT AGENDA July 10, 2001 414 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 July 10, 2001, designated as Item I - Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Item 1, as follows: 1. Confirmation of committee appointments to the Roanoke Valley Regional Cable Television Committee and the Roanoke County Cable Television Committee. 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 resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS: None IN RE: REPORTS Supervisor Johnson moved to receive and file the following reports. The motion carried by the following recorded vote: AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS: None 1. General Fund Unappropriated Balance 2. Capital Fund Unappropriated Balance 3. Board Contingency Fund July 10, 2001 415 4. Future School Capital Reserve 5. Status Report from the Clean Valley Council IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS Supervisor McNamara announced that the Back Creek Civic League recently met, and that Battalion Chief Simon attended and explained the fee for service. He encouraged other civic leagues to contact the County for speakers to explain the fee for service. IN RE: CLOSED MEETING At 3:30 p.m., Supervisor Minnix moved to go into Closed Session following the work sessions pursuant to Code of Virginia Section 2.1-344 A (7) consultation with legal counsel, litigation, Keeling Tire Dump and consultation with legal counsel regarding Explore Park and Wal-Mart project; and Section 2.1-344 A (5) discussion concerning a prospective business or industry where no previous announcement has been made. The motion carried by the following recorded vote; AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS: None July 10, 2001 416 IN RE: WORK SESSIONS 1. Work Session on Special Use Permit and proposed golf course development on Pitzer Road. (Janet Scheid, Senior Planner) The work session was held from 3:40 p.m. until 4:10 p.m. and was presented by Ms. Scheid and petitioner Nathaniel Haile. Ms. Scheid advised that at the June 26, 2001 meeting, Supervisor Nickens requested a work session to discuss a proposed golf course/residential community on 250 acres in the Mount Pleasant community. The petitioner has requested a Special Use Permit to allow the golf course. If he moves forward with the residential development, he would, at some future time, request a rezoning to accommodate a higher density than is allowed in AG-3. Ms. Scheid explained that the proposed development is within the identified I- 73 corridor. Approximately 12 acres of the petitioner’s property, north of Pitzer Road, is within the corridor. The Planning Commission heard the Special Use Permit request on July 3, 2001 and recommended approval to the Board for their July 24 meeting. The issue of I-73 was discussed by the Commission as well as the lack of public water and sewer to serve this proposed development. July 10, 2001 417 The petitioner has discussed with staff two different conceptual plans. One shows all the residential development contained south of Pitzer Road and adjacent to the Blue Ridge Parkway. The second conceptual plan shows the residential houses interspersed throughout the golf course development. He described both plans to the Board. In response to questions from the Board members, Mr. Haile advised that the golf course will not be ready for two years and if VDOT takes 12.5 acres, he will reroute the holes at that time. He advised that the total cost of the project is $1 million for the club house and $4.5 million for the course. Supervisor Nickens pointed out that the plan was compatible with the nearby Blue Ridge Parkway. In response to an inquiry from Supervisor Minnix, Mr. Mahoney advised that if the petitioner also requested the rezoning for the residential subdivision, the petition would have to be reviewed again by the Planning Commission. It was the consensus of the Board that the request be referred back to the Planning Commission to review the plans for the residential subdivision to be interspersed throughout golf course. 2. Joint Work Session with the Virginia Department of Transportation (VDOT) to discuss Colonial Avenue road July 10, 2001 418 improvements. (Arnold Covey, Community Development Director) The work session was held from 4:10 p.m. until 4:50 p.m. Jeff Echols, VDOT Resident Engineer, presented two options for the road improvements. One option would include straightening the road and replacing the bridge. The other option would be five- lanes and include bikeways and sidewalks. There is consideration to purchasing the right-of-way now for five lanes in the future, but only building two lanes and a turning lane at this time. In response to questions, Mr. Echols advised that VDOT will put the project out for bid in 2003 and start construction in 2004. They plan on scheduling a community meeting in the fall, and the vehicle count in 1999 was 7,000 near Penn Forest Blvd. and 9,000 at Route 419. Supervisor Minnix expressed the concern that if the road is improved to five lanes, this would encourage additional traffic. Mr. Echols reviewed the top road improvement priorities in Roanoke County which are (1) Hollins Road; (2) McVitty Road; (3) Old Cave Spring Lane; and (4) Colonial Avenue. Following discussion, there was Board consensus to move forward with the three-lane option. 3. Joint Work Session with the Roanoke Valley-Alleghany Regional July 10, 2001 419 Commission Metropolitan Planning Organization and VDOT to discuss current plans for Interstate 73. (Arnold Covey, Community Development Director) The work session was held from 4:50 p.m. until 5:10 pm and was presented by Mr. Covey, and District Engineer Jeff Echols from VDOT. An update was presented on the steps that will be taken by the Commonwealth Transportation Board (CTB) and VDOT. The following information was provided to the Board members: (1) The CTB selected route is a location that overlaps I-581 in Roanoke to Elm Avenue, veers to the southeast around the east side of Mill Mountain. It then crosses the Roanoke River, south of the Roanoke Industrial Center, and continues toward the Blue Ridge Parkway to the east of Route 116. The corridor continues southeast, turns to the south, and enters Franklin County near Coopers Cove. The corridor continues to travel south, staying west of Route 116 and east of Rocky Mount into Henry County, entering North Carolina near Ridgeway. (2) The CTB also elected to build a connector road from existing Route 220, near Route 668 (Yellow Mountain Road) east of Buck Mountain, to the I-73 corridor near Route 657 (Crowell Gap), west of Kennett in Franklin County. (3) In Roanoke County, the selected I-73 corridor is approximately 600 hundred feet wide and approximately 3.5 miles in length. The proposed connector road ,which has been recently added, is approximately 3 miles in length and has a corridor width of approximately 600 feet. (4) The Commonwealth Transportation Board members adopted an alignment that improves safety on existing Route 220 by removing through traffic, such as trucks and doublewide trailers, from local traffic, such as school buses and farm vehicles. The route also provides stronger intermodal linkage to the Roanoke Regional Airport and points south. By veering to the southwest around Mill Mountain, south of Roanoke, the chosen corridor avoids a July 10, 2001 420 severe impact to Route 220 near Tanglewood Mall and Clearbrook areas, as well as to Route 419/Starkey Road. The selected path for I-73 allows for a crossing of the Blue Ridge Parkway that is acceptable to the National Park Service. Following the Commonwealth Transportation Board’s action: ?? VDOT engineers will again look at the selected corridor and finalize the Final Environmental Impact Statement (FEIS). The FEIS is forwarded to the Federal Highway Administration (FWHA) for approval. The estimated time for review and approval is 12 months. ?? After approval of the FEIS, a Record of Decision is prepared by FHWA. The Record of Decision will explain the reasons for the project decision, summarize any mitigation measures that will be incorporated in the project and document any required Section 4(f) approval. ?? If FHWA issues a Record of Decision, Virginia can begin planning the construction of I-73, pending the availability of funds. No decisions have been made about when and where construction could begin. ?? Environmental evaluation and early planning has not started for any other section of I-73 in Virginia. 4. Work Session on County Investment Policy. (Elmer Hodge, County Administrator) The work session was held from 5:10 p.m. until 5:50 p.m. and was presented by Mr. Hodge, Budget Director Brent Robertson, Finance Director Danial Morris, and Treasurer Fred Anderson, Mr. Hodge advised that the investment pool breaks down into separate July 10, 2001 421 accounts and the risk exposure is the same with the exception of the LGIP, which is the state pool. The state pool is similar to other mutual fund pools but has lower risk and a lower interest rate. Mr. Anderson explained that there is no risk free investment except for government bonds. He presented a list of the County’s investment diversification showing that there is no more than 5% of value in any single issue of securities and not more than 25% of the portfolio is at any one institution. Supervisor McNamara pointed out that if we use only LGIP, the state pool, there is less risk but also less interest on our investments. The determining factor is the Board’s comfort level with the risk factor. It was the consensus of the Board to bring back the investment policy amended by capping the commercial paper investments to $1 million. Supervisor McNamara asked that staff provide answers to the following: (1) the average invested balances of all County funds; and (2) the interest earned by different categories. IN RE: CLOSED MEETING The closed meeting was held from 5:50 p.m. until 7:05 p.m. July 10, 2001 422 IN RE: CERTIFICATION RESOLUTION R-O71001-3 At 7:05 p.m., Supervisor Minnix moved to return to work session and adopt the Certification Resolution. The motion carried by the following recorded vote: AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS: None RESOLUTION 071001-3 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 Minnix to adopt the resolution, and carried by the following recorded vote: July 10, 2001 423 AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS: None IN RE: CONTINUATION OF WORK SESSIONS 5. Work Session on potential changes to the Business, Professional and Occupational License (BPOL) Tax. (Brent Robertson, Budget Director) The work session was held from 7:05 p.m. until 7:50 p.m. and was presented by Mr. Hodge, Mr. Robertson, and Commissioner of Revenue Nancy Horn. The purpose of the work session was to consider reducing or eliminating some of the categories in an effort to encourage economic development and assess the license fee more equitably. Supervisor McNamara used an example of a dentist who grosses $99,000 and only has to pay $50.00 for his business license, but after $99,999, his license costs jump to $.58 per $100 of gross receipts. He suggested that reducing the BPOL tax might encourage economic development in the County. Supervisor Johnson felt that the biggest complaint he received was the County using the gross receipts not net receipts to determine the license fee. Supervisor Minnix expressed concern about the revenue impact of reducing the BPOL tax, when the Board is July 10, 2001 424 committed to increased funding for schools and fire and rescue. Supervisor Church suggested that staff look at the disparity between the gross receipts of $99,999 and $100,000. Supervisors McNamara, Minnix and Church supported a review of the current BPOL tax rates. 6. Work Session on citizen request to establish a separate personal property tax classification for motor homes used for recreational purposes. (Paul Mahoney, County Attorney) The work session was held from 7:50 p.m. until 7:55 p.m. and was presented by Mr. Mahoney. Mr. Mahoney explained that Mr. Bradley Foro, a Roanoke County resident, has written several letters and appeared before the Board of Supervisors requesting that Roanoke County take action on the state enabling legislation to reduce the tax rates on motor homes. In October 2000, County Attorney Paul Mahoney responded to Mr. Foro=s request. Mr. Mahoney advised that if the Board adopted this legislation, there would be a revenue loss of $82,570. There was no support from the Board members for making any changes to the personal property classification. July 10, 2001 425 7. Work Session on establishment of an Environmental Management System. (Anne Marie Green, General Services Director) The work session was held from 7:55 p.m. until 8:10 p.m. and was presented by Ms. Green. Ms. Green advised that an environmental assessment conference was held in Roanoke in November 2000 as one of the Roanoke City’s conditions of its settlement with the Federal government for environmental violations. Presenters at the conference included representatives from the US Attorney’s office, the Environmental Protection Agency and the Virginia Department of Environmental Quality. The participants were informed that: (1) Local governments are strictly liable for environmental violations, even if management was not aware of, and did not condone the activity; (2) Punitive damages and jail time can be imposed on local governments and their employees, if the government should have known or prevented the environmental violations; and (3) The existence of an environmental policy and management system can mitigate and/or prevent punitive measures July 10, 2001 426 against the local government. Ms. Green advised that as a result of the conference, Mr. Hodge appointed an Environmental Assessment Team to investigate the implementation of such a system in Roanoke County. The Team has been working with a consultant, who has a grant from the Environmental Protection Agency, and has written a draft Environmental Policy. Ms. Green described the details and the scope of an Environmental Management System, a provisional schedule for developing the system, and an explanation of the ISO 14001 designation. ISO 14001 is the international standard for environmental management systems. It establishes a framework for environmental management by requiring the organization to define a policy and establish 16 management procedures to support it. Ms. Green advised that if the Board support this concept, the environmental policy will be brought back to the Board for approval. It was the consensus of the Board to bring back the draft environmental policy for approval. IN RE: OTHER BUSINESS Supervisor Nickens asked about a resident who while refinancing her mortgage had both mortgage companies pay her first half real estate taxes. The County did not reimburse the taxes and instead applied them to the second half real July 10, 2001 427 estate taxes. Mr. Hodge advised he would investigate and resolve the problem. IN RE: ADJOURNMENT At 8:11 p.m., Supervisor Minnix adjourned to Thursday, July 12, 2001 at 12 noon for a regional leadership summit meeting to be held aboard the Virginia Dare on Smith Mountain Lake in Bedford County Submitted by, Approved by, __________________ ________________ Mary H. Allen, CMC H. Odell Minnix Clerk to the Board Chairman July 10, 2001 428 This page left intentionally blank