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HomeMy WebLinkAbout7/24/2001 - Regular 431 July 24, 2001 Roanoke County Administration Center 5204 Bernard Drive Roanoke, Virginia 24018 July 24, 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 July, 2001. IN RE:CALL TO ORDER Chairman Minnix called the meeting to order at 3:01 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. IN RE:REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF AGENDA ITEMS Mr. Hodge added (1) Item E-2, request to enter into an agreement between 432 July 24, 2001 Virginia Recreational Facilities Authority and the County of Roanoke concerning Explore Park; and (2) Closed Meeting pursuant to Section 2.1-344 A (5), economic development prospect where there has been no previous announcement. Supervisor Church requested to comment on Item 2 on the Consent Agenda. IN RE: NEW BUSINESS 1.Acceptance of $5,000 donation from Koppers Industries in connection with its Directors’ Award of Safety Excellence and appropriation to the Utility Department. (Mark Franck, Koppers Industries Plant Manager) A-072401-1 Mr. Mark Franck, Manager of Koppers Industries’ Roanoke Valley Plant, announced that the plant has received a Directors’ Award of Safety Excellence in recognition of 100,000 man hours with no injury of any kind. The plant has accumulated 119,448 safe man hours, and this is the second time they have received the award. He explained that they received $5,000 as part of this award to be donated for use in the community. They have decided to donate these funds to the Roanoke County Utility Department in recognition of Utility Department employee Robert Fronk’s assistance to Koppers. Mr. Fronk was present and expressed his appreciation on behalf of the Utility Department to accept the award. Several representatives from Koppers Industries attended the meeting with Mr. Franck, Plant Manager. They were Mike Juba, Corporate Safety Director from Pittsburgh; and Bob Snider, Mike McGuinness, Paul Hinkley, Tony Lovern, and Dale Akers, 433 July 24, 2001 members of the Roanoke Plant Safety, Health, and Environmental Committee Supervisor Church moved to accept the $5,000 and appropriate it to the Utility Department. The motion carried by the following recorded vote: AYES:Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS:None 2.Request to enter into a Cooperative Agreement between the Virginia Recreational Facilities Authority and the County of Roanoke concerning Explore Park A-072401-2 This was a joint meeting with the Virginia Recreational Facilities Authority (VRFA). VRFA members present were: Alfred C. Anderson, Wick Anderson, Trixie Averill, T. A. Carter, Polly Johnson, Stan Lanford, Jack Loeb, Ralph Smith and Roger Ellmore. Mr. Hodge announced that an agreement has been negotiated by the attorneys for the Authority and the County, and the purpose of the meeting is to execute the contract. He advised that Jack Loeb, chair of the Virginia Recreational Facilities, Roger Ellmore, Explore Park Executive Director and Stan Lanford, chair of the River Foundation were present. Mr. Hodge highlighted the benefits to both Explore Park and Roanoke County of the partnership agreement. He advised that the County will provide Explore Park with operational assistance and the Department of Parks, Recreation and Tourism will be actively involved in the planning of events for the park. Mr. Ellmore advised that Virginia’s Explore Park opened in 1994 and has enjoyed a steady growth as a tourism destination and recreation resource for residents. 434 July 24, 2001 It is the second most visited site in the National Park Service system. This agreement stabilizes Explore Park’s financial situation and puts the park on a course for success. Mr. Loeb announced that the Authority was in session. He thanked the Board of Supervisors for the opportunity to move forward toward full growth potential. He explained that Explore Park is the largest attraction along the Blue Ridge Parkway with 1,100 acres, but has suffered from a lack of adequate funds. Mr. Landford advised that the River Foundation is the Park’s not-for-profit foundation which was founded in 1985 and supports the daily operations and capital projects of the park. In response to questions, Chief Financial Officer Diane Hyatt advised that the staff is requesting $300,000 today and a loan of $250,000 to be repaid when the General Assembly begins funding the park again, and if the General Assembly does not fund Explore, then a note will be prepared between Explore and the County. Mr. Lanford also advised that the River Foundation is in the process of setting up an endowment fund and they hope that other localities will also become partners. Supervisor McNamara urged caution and expressed concern about the County’s $825,000 funding participation. He noted that there is an economic downturn and this appropriation will bring the General Fund Unappropriated Balance below 6.25%. Supervisor Nickens pointed out there has been a tremendous investment in Explore and it is important to keep this natural resource. He felt optimistic that other localities will join and the state will provide additional funding. Supervisor McNamara expressed support for the agreement but suggested finding the funds in the County’s existing budgets. There was discussion about appropriating part of the funding from the Board Contingency Fund and Supervisor Nickens indicated that he was willing to amend the motion to include this, but 435 July 24, 2001 withdrew the amendment when Supervisor Johnson advised he would not support it. Supervisor Nickens moved to (1) authorize the County Administrator to execute the cooperative agreement between the County and the Virginia Recreational Facilities Authority; (2) transfer $200,000 from the County’s tourism budget to the VRFA; (3) appropriate an additional $100,000 from the General Fund Unappropriated Balance to the VRFA; and (4) appropriate $250,000 from the General Fund Unappropriated balance as a loan to the VRFA. The motion carried by the following recorded vote: AYES:Supervisors Johnson, Church, Nickens, Minnix NAYS:Supervisor McNamara The Virginia Recreational Facilities Authority, on motion by T. A. Carter, moved to approve the agreement. The motion carried unanimously. VRFA Chair Jack Loeb thanked everyone for their support of the agreement. Authority member and Roanoke City Mayor Ralph Smith also expressed appreciation and indicated there was support in the City to join with the County in helping Explore Park. IN RE:REQUEST FOR PUBLIC HEARINGS AND FIRST READING OF REZONING ORDINANCES - CONSENT AGENDA Supervisor Nickens moved to approve the first readings and set the second readings and public hearings for August 28, 2001. The motion carried by the following recorded vote: AYES:Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS:None 436 July 24, 2001 1.First reading of ordinance on the petition of Nathaniel C. Haile to obtain a Special Use Permit to develop a golf course on 364 acres and rezone 118 acres from AG-3, Agricultural to AR, Agricultural Residential, located at 3608 Pitzer Road, SE, Vinton Magisterial District. 2.First reading of ordinance on the petition of The Community of Faith to obtain a Special Use Permit for a religious facility on 1.033 acres located at 5343 Fallowater Lane, Cave Spring Magisterial District. 3.First reading of ordinance on the petition of Hugh R. & Carolyn Elsea to obtain a Special Use Permit for a private horse stable on 2.99 acres and a 30 foot right-of-way on adjoining parcel located at 3663 Chaparral Avenue, Cave Spring Magisterial District. 4.First reading of ordinance on the petition of Bowman Dalton, Inc. to Rezone 4.62 acres from C-Commercial Office District to R-3 Medium Density Multifamily Residential District for a development of multifamily housing located at 3990 Challenger Avenue, Hollins Magisterial District. 5.First reading of ordinance on the petition of RA-DE Div., Ltd. T/A Perfect Touch to Rezone 1.13 acres from C-1 Office District with conditions to C-1 Office District located at 5681 Starkey Road, Cave Spring Magisterial District. IN RE:FIRST READING OF ORDINANCES 1.First reading of ordinance amending Article IV, Sewer Use Standards, of Chapter 18, Sewers and Sewage Disposal, of the Roanoke County Code. (Gary Robertson, Utility Director) Mr. Robertson reported that the 1994 Sewage Treatment Agreement between Roanoke City and Roanoke County requires the County to adopt ordinances and regulations that conform to those adopted by the City as they pertain to Sewer Use Standards. Recent requirements of the Department of Environmental Quality (DEQ) in conjunction with the sewage treatment plant permit re-issuance have required Roanoke 437 July 24, 2001 City to amend their Sewer Use Standards. Roanoke City amended their ordinance to include the provisions of the proposed amendment to the Roanoke County Sewer Use Standards. The proposed County ordinance conforms to the form and intent of the Roanoke City Ordinance. Mr. Robertson explained that the ordinance is also amended to include failure to allow or complete required inspections as a Category I defect, subject to all other provisions of the odinance. The current ordinance did not clarify the penalty for failure to allow or complete required inspections to determine if inflow or infiltration of stormwater is entering the public sanitary sewer from the building or property. Supervisor Johnson requested a status report on the Sewage Treatment Plant Upgrade. Mr. Robertson responded that they have reached agreement with the contractor who has agreed to pay $290,000 in corrections. They are still in negotiations with the design engineer and will report back. Supervisor Minnix moved to approve the first reading and set the second reading for August 14, 2001. The motion carried by the following recorded vote: AYES:Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS:None IN RE:SECOND READING OF ORDINANCES 1.Second reading of ordinance authorizing the vacation, quit-claim and release 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. 438 July 24, 2001 (Arnold Covey, Community Development Director) O-072401-3 Mr. Covey advised there were no changes to the ordinance since the first reading. There was no discussion and no citizens to speak. Supervisor Minnix moved to adopt the ordinance. The motion carried by the following recorded vote: AYES:Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS:None ORDINANCE 072401-3 TO VACATE, QUIT-CLAIM AND RELEASE A PORTION OF A 20' WATER AND SEWER EASEMENT CONVEYED TO THE BOARD OF SUPERVISORS IN DEED BOOK 1395, PAGE 1349, ACROSS TRACT 1A, PROPERTY OF STRAUSS CONSTRUCTION CORPORATION (PLAT BOOK 17, PAGE 154; TAX MAP #96.02-01-45.2) LOCATED IN THE CAVE SPRING MAGISTERIAL DISTRICT WHEREAS, by deed of easement dated January 12, 1993, and recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Deed Book 1395, page 1349, Norma Jean Sigmon, then owner of the subject parcel of land, conveyed to the Board of Supervisors of Roanoke County, Virginia, a 20' water and sewer easement as shown on plat of record in Plat Book 15, page 63; and, WHEREAS, the petitioner, Strauss Construction Corporation, is the current owner of the parcel of land over which the above-described easement is located, said property being located on Cotton Hill Road, described as the remaining portion of Tract 1A, containing 13.842 acres, and being designated on the Roanoke County Land Records as Tax Map No. 96.02-01-45.2; and, WHEREAS, since petitioner has previously dedicated an alternative waterline easement (Plat Book 16, page 157) in which the water lines for development of the Gardens of Cotton Hill have been constructed, and the subject portion of the existing easement is no longer required, the petitioner has requested that the Board of Supervisors vacate, quit-claim and release the portion of the 20' water and sewer easement shown on Exhibit A attached hereto; and, WHEREAS, the new easement meets the requirements of the affected County departments, the relocation provides equivalent service, and the relocation has been accomplished without cost to the County. 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 439 July 24, 2001 ordinance. A first reading of this ordinance was held on July 10, 2001; and a second reading was held on July 24, 2001; and, 2.That pursuant to the provisions of Section 16.01 of the Charter of Roanoke County, the subject real estate (portion of waterline easement) is hereby declared to be surplus and the nature of the interest in real estate renders it unavailable for other public uses; and, 3.That, subject to the following condition, a portion of a 20' water and sewer easement across property of Strauss Construction Corporation, referenced on the Roanoke County Land Records as Tax Map No. 96.02-01-45.2, and described as the remaining portion of Tract 1A, containing 13.842 acres, on Cotton Hill Road in the Cave Spring Magisterial District of Roanoke County, shown shaded and designated as "Portion of Existing Water & Sewer Easement (Plat Book 15, Page 63) to be Vacated" on the plat dated April 26, 2001, prepared by Lumsden Associates, P.C., Engineers-Surveyors- Planners, a copy of which is attached hereto as Exhibit A, be and hereby is vacated; and, 4.That, as a condition to the adoption of this ordinance, Strauss Construction Corporation shall be responsible for all costs and expenses associated herewith, including but not limited to, any costs associated with relocation of the lines, surveys, publication, and recordation of documents; and, 5.That the County Administrator, or any Assistant County Administrator, is hereby authorized to execute such documents and take such actions as may be necessary to accomplish this vacation, all of which shall be on form approved by the County Attorney. On motion of Supervisor Minnix to adopt the ordinance, and carried by the following recorded vote: AYES:Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS:None 2.Second reading of ordinance authorizing the vacation of sanitary 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) O-072401-4 Mr. Covey advised there were no changes to the ordinance since the first 440 July 24, 2001 reading. There was no discussion and no citizens to speak. Supervisor Johnson moved to adopt the ordinance. The motion carried by the following recorded vote: AYES:Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS:None ORDINANCE 072401-4 TO VACATE A 20' SANITARY SEWER EASEMENT ON LOTS 8, 9 & 10, A PORTION OF A 20' DRAINAGE EASEMENT ON LOT 12 (NOW LOT 12-A), A PORTION OF A 15' DRAINAGE EASEMENT ON LOT 12 (NOW LOT 12-A), A 20' STORMWATER MANAGEMENT ACCESS EASEMENT ON LOTS 11 AND 12 (NOW LOTS 11-A AND 12-A), AND A PUMP STATION AND ACCESS EASEMENT ON LOT 11 (NOW LOT 11-A AND NEW PUBLIC UTILITY LOT) ON THE PLAT OF BUCKLAND MILLS SUBDIVISION RECORDED IN PLAT BOOK 21, PAGE 169, AND BEING FURTHER SHOWN AS EXISTING EASEMENTS ON RESUBDIVISION PLAT OF LOTS 11 & 12 CREATING NEW LOT 11-A, NEW LOT 12-A, AND NEW PUBLIC UTILITY LOT, RECORDED IN PLAT BOOK 24, PAGE 19, LOCATED IN THE HOLLINS MAGISTERIAL DISTRICT WHEREAS, by plat entitled ‘ SUBDIVISION PLAT SHOWING PROPERTY OF ,.,6.333BUCKLAND MILLS SIGNATURE BUILDERS INC CONTAINING ACRES TO BE KNOWN AS 1120.503 CREATING HEREON LOTS THRU AND DEDICATING ACRES FOR NEW RIGHT OF WAY ’,dated November 12, 1998, and of SITUATED AT THE TERMINUS OF BUCKLAND MILL ROAD record in the Clerk’s Office of the Circuit Court of Roanoke County, Virginia, in Plat Book 21, page 169, the developer, Signature Builders, Inc., dedicated and created a “NEW 20' S.S.E.” [sanitary sewer easement] on Lots 9 and 10, and a portion of Lot 8, a “NEW 20' D.E.” [drainage easement] on Lot 12, A”NEW 15' D.E.” [drainage easement] on Lot 12, a “NEW 20' WATER, SANITARY SEWER, & STORMWATER MANAGEMENT ACCESS EASEMENT” on Lots 11 and 12, and a “NEW PUMP STATION & ACCESS EASEMENT” on Lot 11; and, WHEREAS, in order to complete the development in accordance with Roanoke County requirements, as well as to realign certain lot lines and revise certain easements, Signature Builders, Inc., has recorded ‘ RESUBDIVISION PLAT FOR SIGNATURE ,.11&12,,..21,. BUILDERS INCSHOWING THE RESUBDIVISION OF LOTS BUCKLAND MILLS PB PG 169NEWLOT11-A(0.7641AC.)NEWLOT12-A(0.2738AC.) AND CREATING HEREON AND NEWPUBLICUTILITYLOT(0.0677AC.)’ in Plat Book 24, page 19, in the aforesaid AND Clerk’s Office; and, WHEREAS, the Petitioner-Developer, Signature Builders, Inc., has requested 441 July 24, 2001 that, pursuant to §15.2-2272.2 of the Code of Virginia (1950, as amended), the 20' sanitary sewer easement, a portion of the 20' drainage easement, a portion of the 15' drainage easement, the 20' stormwater management access easement, and the Pump Station & access easement be vacated; and, WHEREAS, the 20' sanitary sewer easement on Lots 9 and 10, and a portion of Lot 8, has not been used for the installation of sanitary sewer lines or related facilities, and will not be required for such purpose in the future; and, WHEREAS, the 13.45' by 20' portion of the 20' drainage easement on Lot 12 has been alternatively created as a portion of a “NEW 13.45' STORMWATER MANAGEMENT EASEMENT” on “12-A”on the above-described Resubdivision NEW LOT Plat of record in Plat Book 24, page 19; and, WHEREAS, the 13.45' by 15' portion of the 15' drainage easement on Lot 12 has been alternatively created as a portion of a “NEW 13.45' STORMWATER MANAGEMENT EASEMENT” on “12-A”on said Resubdivision Plat of record in NEW LOT Plat Book 24, page 19; and, WHEREAS, an alternative access to the Stormwater Management Easement has been, or is to be, granted to the Buckland Mills Homeowners’ Association from Virginia Secondary Route 797 (Barrens Road) over the existing 30' Roadway, referred to as Barrens Road (Private Portion), shown generally on said Resubdivision Plat recorded in Plat Book 24, page 19, and over the “NEW 15' ACCESS EASEMENT” created and shown on “11-A” on the Resubdivision Plat in Plat Book 24, page 19; and, NEW LOT WHEREAS, by the Resubdivision Plat in Plat Book 24, page 19, a “ NEW ”for the pump station has been created as a separate lot and has been PUBLIC UTILITY LOT conveyed, together with a new access easement, to the Board of Supervisors of Roanoke County by deed dated July 3, 2001, in compliance with Roanoke County regulations as a preferred alternative to the ‘Pump Station and Access Easement’ on Lot 11 to be vacated; and, WHEREAS, these vacations will not involve any cost to the County and will not interfere with, but will enhance, the provision of public services, and have been approved by the affected County departments; and, WHEREAS, notice has been given as required by § 15.2-2204 of the Code of Virginia (1950, as amended); the first reading of this ordinance was held on July 10, 2001, and the public hearing and second reading of this ordinance was held on July 24, 2001. NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1.That the “20' SANITARY SEWER EASEMENT (P.B. 21, PG. 169) TO BE VACATED” on Lots 9 and 10, and a portion of Lot 8, Buckland Mills, shown hatched on Exhibit ‘A’ attached hereto, said easement having been dedicated and created as “NEW 20' S.S.E.” on the Subdivision Plat for BUCKLAND MILLS, dated November 12, 1998, and of record in the aforesaid Clerk’s Office in Plat Book 21, page 169, located in the Hollins Magisterial District of the County of Roanoke, be, and hereby is, vacated pursuant to § 15.2-2272 of the Code of Virginia (1950, as amended), subject to the conditions specified in this ordinance. 2.That the 13.45' by 20' portion of the 20' drainage easement shown 442 July 24, 2001 cross-hatched on “12-” on the above-described Resubdivision Plat Showing New NEW LOT A Lot 11-A, New Lot 12-A, and New Public Utility Lot, dated January 12, 2001, and recorded in the aforesaid Clerk’s Office in Plat Book 24, page 19, a partial copy of which is attached hereto as Exhibit ‘B’, said easement having been dedicated and created as “NEW 20' D.E.” upon Lot 12 on the Subdivision Plat for BUCKLAND MILLS, dated November 12, 1998, and of record in the aforesaid Clerk’s Office in Plat Book 21, page 169, located in the Hollins Magisterial District of the County of Roanoke, be, and hereby is, vacated pursuant to § 15.2-2272 of the Code of Virginia (1950, as amended), subject to the conditions specified in this ordinance. 3.That the 13.45' by 15' portion of the 15' drainage easement shown cross-hatched on “12-A” on the above-described Resubdivision Plat Showing NEW LOT New Lot 11-A, New Lot 12-A, and New Public Utility Lot, dated January 12, 2001, and recorded in the aforesaid Clerk’s Office in Plat Book 24, page 19, a partial copy of which is attached hereto as Exhibit ‘B’, said easement having been dedicated and created as “NEW 15' D.E.” upon Lot 12 on the Subdivision Plat for BUCKLAND MILLS, dated November 12, 1998, and of record in the aforesaid Clerk’s Office in Plat Book 21, page 169, located in the Hollins Magisterial District of the County of Roanoke, be, and hereby is, vacated pursuant to § 15.2-2272 of the Code of Virginia (1950, as amended), subject to the conditions specified in this ordinance. 4. That the “20' STORMWATER MANAGEMENT ACCESS EASEMENT (P.B. 21, PG. 169) TO BE VACATED” on Lots 11-A and 12-A, Buckland Mills, shown hatched on Exhibit ‘C’ attached hereto, said easement having been dedicated and created as “NEW 20' WATER, SANITARY SEWER, & STORMWATER MANAGEMENT ACCESS EASEMENT” upon Lots 11 and 12, on the Subdivision Plat for BUCKLAND MILLS, dated November 12, 1998, and of record in the aforesaid Clerk’s Office in Plat Book 21, page 169, and being further shown as “20' WATER, SAN. SEWER & STORM. MGMT. ACCESS EASEMENT - P.B. 21, PG. 169” upon Lots 11-A and 12-A on the aforesaid Resubdivision Plat recorded in Plat Book 24, page 19, located in the Hollins Magisterial District of the County of Roanoke, be, and hereby is, vacated pursuant to § 15.2-2272 of the Code of Virginia (1950, as amended), subject to the conditions specified in this ordinance and subject to the condition that the “20' WATER AND SANITARY SEWER EASEMENT” shall remain in full force and effect. 5.That the “PUMP STATION & ACCESS EASEMENT (P.B. 21, PG. 169) TO BE VACATED” on Lot 11-A, Buckland Mills, shown hatched on Exhibit ‘D’ attached hereto, said easement having been dedicated and created as “NEW PUMP STATION & ACCESS EASEMENT” upon Lot 11, on the Subdivision Plat for BUCKLAND MILLS, dated November 12, 1998, and of record in the aforesaid Clerk’s Office in Plat Book 21, page 169, and being further shown as “PUMP STATION AND ACCESS EASEMENT - P.B. 21, PG. 169" upon Lot 11-A on the aforesaid Resubdivision Plat recorded in Plat Book 24, page 19, located in the Hollins Magisterial District of the County of Roanoke, be, and hereby is, vacated pursuant to § 15.2-2272 of the Code of Virginia (1950, as amended), subject to the conditions specified in this ordinance. 6.That all costs and expenses associated herewith, including but not limited to publication, survey and recordation costs, shall be the responsibility of the Petitioner, Signature Builders, Inc. 443 July 24, 2001 7.That the County Administrator or any Assistant County Administrator is hereby authorized to execute such documents and take such actions as may be necessary to accomplish the provisions of this ordinance, all of which shall be on form approved by the County Attorney. 8.That this ordinance shall be effective on and from the date of its adoption, and a certified copy of this ordinance shall be recorded in the Clerk’s Office of the Circuit Court of Roanoke County, Virginia, in accordance with § 15.2-2272.2 of the Code of Virginia (1950, as amended). On motion of Supervisor Johnson to adopt the ordinance, and carried by the following recorded vote: AYES:Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS:None IN RE:APPOINTMENTS 1.Clean Valley Council Supervisor Nickens nominated Dennis “Chip” Harris to serve a two-year term expiring June 30, 2003. IN RE:CONSENT AGENDA R-072401-5 Supervisor Church recognized Dorothy Barr, his recent appointee to the Social Services Advisory Board. Supervisor Minnix moved to adopt the Consent Resolution. The motion carried by the following recorded vote: AYES:Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS:None RESOLUTION 072401-5 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, 444 July 24, 2001 as follows: 1. That the certain section of the agenda of the Board of Supervisors for July 24, 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 6, inclusive, as follows: 1.Approval of minutes for May 22, 2001. 2.Confirmation of committee appointments to the Social Services Advisory Board. 3.Acceptance of four grants in the amount of $99,130 by the Police Department for providing full time law enforcement services in four Roanoke County middle schools. 4.Request to accept and appropriate $5,601,734 to the Roanoke Valley Regional Special Education Board budget for FY 2001-2002. 5.Acceptance of $57,750 grant from the Department of Criminal Justice Services to purchase new Jail Management System software. 6.Donation of a Public Utility Lot, 0.677 acre, for a sanitary sewer pump station serving Buckland Mills Subdivision, Hollins Magisterial District, from Signature Builders. Inc. 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 Minnix to adopt the Consent Resolution, and carried by the following recorded vote: AYES:Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS:None IN RE:REQUESTS FOR WORK SESSIONS Supervisor Johnson requested a work session on code enforcement when there is a health and/or safety issue involved on August 14, 2001. IN RE:CITIZENS' COMMENTS AND COMMUNICATIONS Donald Johnson, 2239 Pommel Drive, spoke concerning the prohibition of 445 July 24, 2001 parking of recreational vehicles adjacent to the building line on corner lots and asked that amendments to these regulations be reconsidered. Chairman Minnix requested that Mr. Hodge and the planning staff review this and report back. IN RE:REPORTS Supervisor Nickens 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 4.Future School Capital Reserve 5.Revenues and Expenditures for the eleven months ended June 30, 2001 6.Statement of the Treasurer’s Accountability per Investment and Portfolio Policy, as of June 30, 2001 7.Accounts Paid - June, 2001 8.List of changes to the Virginia Department of Transportation Secondary System in June, 2001 9.Quarterly Report for the Day Reporting Program. 10.Report on Roanoke Valley-Alleghany Regional Commission 11.Proclamation signed by the Chairman 446 July 24, 2001 12.Report of Claims Activity for the Self-Insurance Program for the th 4 Quarter. 13.Status Report on Clean Valley Council IN RE:CLOSED MEETING At 4:40 p.m., Supervisor Minnix moved to go into Closed Meeting pursuant to Code of Virginia Section 2.1-344 A (5) discussion concerning a prospective business or industry when there has been no previous announcement. The motion carried by the following recorded vote: AYES:Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS:None IN RE:WORK SESSIONS 1.Economic Development Work Session to discuss the following: a.Implementation of new Existing Business Program The work session was held from 4:50 p.m. until 5:15 p.m. and was presented by Economic Development Director Doug Chittum and Economic Development Specialist Melinda Cox. Mr. Chittum reported that in May, a instrument was mailed to 5,619 businesses with 606 responses returned which equals a 10.8% rate of return. The survey will be followed-up by a series of outreach programs with first priority given to the Business Visitation Program which is already underway. Staff will visit 126 businesses to include the 20 largest corporations, the 86 businesses who indicated expansion possibilities, and the 20 businesses that expressed concerns. Mr. Chittum explained that Melinda Cox will 447 July 24, 2001 manage the program. Ms. Cox advised that the outreach programs will cover three areas: (1) A visitation program to identify relevant issues, potential for expansion and other opportunities for revenue and job growth; (2) District Breakfasts held with the Board of Supervisors members who will meet with the business leaders in their respective magisterial districts; (3) An Electronic Newsletter to all County CEOs or General Managers that will cover items of interest for the participating members. Ms. Cox advised that of the 606 responses to the survey, 185 indicated they were willing to participate in a half-day meeting. Supervisor Church commended Ms. Cox and the Economic Development staff for their work and felt the program will create positive returns. Supervisor Minnix suggested recognizing one or two businesses every month. In response to questions from the Board members, Ms. Cox responded she would check the survey see if there were both large and small businesses responding; that the Certificate of Appreciation program for new businesses is still ongoing; and Mr. Chittum advised they are working with Tanglewood Mall and would discuss with them Supervisor McNamara’s suggestion of sponsoring a dance at the mall. It was the consensus of the Board to go forward with the program. b.Center for Research and Technology Update The work session was held from 5:15 p.m. until 5:45 p.m. and was presented by Doug Chittum, Community Development Director Arnold Covey, and Assistant Director George Simpson. George Simpson reported that the County has extended the water and sewer that goes under the interstate, they have completed site improvements worth $600,000, 448 July 24, 2001 and they will be ready to finish the water and sewer in August. The road improvements are listed on the six year plan, but funding will not be available until 2005. Mr. Chittum advised there are two road alternatives: (1) Improving Glenmary Drive, and (2) extending Dow Hollow Road which would be more disruptive to the community and staff would have to negotiate with 13 property owners. It was the staff’s recommendation to rebuild Glenmary Drive but keep the Dow Hollow Road option available for future expansion. It was the consensus of the Board to move forward with Glenmary Drive for the access road. 2.Work Session to discuss implementation of fee for ambulance service. (Dan O’Donnell, Assistant County Administrator and Fire and Rescue Chief Rick Burch) The work session was held from 5:50 p.m. until 6:10 p.m. and was presented by Chief Rick Burch and Dan O’Donnell. Also present was Andy Andrews with Quantum Billing Services. There was a PowerPoint presentation highlighting what has been accomplished so far in preparing for the fee for service. The staff has (1) researched other localities’ fees; (2) met with League of Older Americans representative; (3) produced and aired an informational video; (4) tentatively hired a billing vendor; (5) formed an implementation committee; and (6) met with the Town of Vinton and Botetourt County. There will be a fair rate structure comparable to Roanoke City, minimum paperwork for volunteers and citizens and compassionate billing practices emphasizing that if the patient does not have insurance and cannot afford to pay, the County will “write off the charge”. Estimated revenue is $337,500 for fiscal year 2001-2001 and $835,259 in future years. 449 July 24, 2001 Adoption of the fee resolution is scheduled for August 14, 2001, and the fee for service program will begin on November 1, 2001. IN RE:CLOSED MEETING The Closed Meeting was held from 6:15 p.m. until 6:30 p.m. IN RE:CERTIFICATION RESOLUTION R-072401- 6 Supervisor Minnix advised that he would abstain from the vote since he was not present for the Closed Meeting. 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 NAYS:None ABSTAIN:Supervisor Minnix RESOLUTION 072401-6 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 450 July 24, 2001 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 NAYS:None ABSTAIN:Supervisor Minnix IN RE :PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND AWARDS 1.Recognition of Curtis Blake Law, Catawba/Masons Cove Fire and Rescue Squad, for being a recipient of a $1500 scholarship from the Virginia Public Safety Foundation, Inc. (Fire and Rescue Chief Rick Burch) Mr. Law was present with his family to receive the certificate. He was also presented with a Roanoke County pen. IN RE:BRIEFINGS 1.Briefing on “Vital Signs Report” for the New Technology Corridor. (Priscilla Richardson and Cabell Brand, Representing the New Technology Corridor) The briefing was presented by Priscilla Richardson and Cabell Brand, members of the Vital Signs Steering Committee. The Vital Signs Report in book format was presented to the Board members and staff. Ms. Richardson advised that this is the third report that has been published, and the core of the report includes the analysis of 10 environmental indicators, 33 community building indicators, and 8 economic indicators for the region with individual data for all jurisdictions. 451 July 24, 2001 IN RE:PUBLIC HEARINGS AND SECOND READING OF ORDINANCES The following petition has been referred back to the Planning Commission for further consideration: Second reading of ordinance to obtain a Special Use Permit to develop a golf course on 364 acres located on 3608 Pitzer Road, SE, Vinton Magisterial District, upon the petition of Nathaniel C. Haile. The following petition has been continued by the Planning Commission: Second reading of ordinance to obtain a Special Use Permit to construct a broadcast tower on 34.83 acres located on the Bent Mountain Substation, 8920 Willett Lane, Windsor Hills Magisterial District, upon the petition of American Tower Corporation. The following petition has been withdrawn by the petitioner. Second reading of ordinance to obtain a Special Use Permit to construct a cluster subdivision on 14.25 acres located between Merriman Road and Crystal Creek Drive and 600 feet west of Cartwright Drive, Cave Spring Magisterial District, upon the petition of Caldwell White Associates. 1.Second reading of ordinance to obtain a Special Use Permit and rezoning from C1-C to C1-C to amend conditions to construct two offices on the back of the existing building and expand the 452 July 24, 2001 parking lot on .5 acres located at 3716 Colonial Avenue, Cave Spring Magisterial District, upon the petition of Paychecks Plus. (Janet Scheid, Senior Planner) O-072401-7 Ms. Scheid advised that this request is for a Special Use Permit to expand the existing principal structure and rezone/amend conditions on a 0.50 acre parcel zoned C-1 Conditional Office District in order to construct two additional parking spaces. The structure is presently used as a commercial office on the ground floor and as an accessory apartment upstairs. The owner is proposing to build approximately 700 square feet of new office and interior hallway onto the rear of the existing structure and construct two additional parking spaces. Drainage issues and exterior lighting were discussed with the petitioner at the Planning Commission meeting and the Planning Commission recommended approval of the request with three conditions for the Special Us Permit and one condition for the rezoning. The Board expressed concerns about stormwater runoff and drainage problems and in response to questions, Ms. Scheid advised that the petitioner is required to increase the number of parking spaces based on the number of cars, but there is no requirement to pave the additional spaces because there are less than 15 spaces. Supervisors Minnix and McNamara noted that the petitioners had improved the property but the neighborhood still has concerns about drainage. Supervisor Minnix suggested that Mr. Harrell not hard surface the parking spaces and to discharge any drainage toward Colonial Avenue. Supervisor Minnix moved to adopt the ordinance with Condition #3 amended 453 July 24, 2001 to add that any water runoff from the new construction shall be discharged to Colonial Avenue. The motion carried by the following recorded vote: AYES:Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS:None ORDINANCE 072401-7 TO CHANGE THE ZONING CLASSIFICATION OF A .599-ACRE TRACT OF REAL ESTATE LOCATED AT 3716 COLONIAL AVENUE (TAX MAP NO. 77.18-3-24) IN THE CAVE SPRING MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF C1- C TO THE ZONING CLASSIFICATION OF C1-C, WITH AMENDED CONDITIONS, AND GRANTING A SPECIAL USE PERMIT TO EXPAND THE EXISTING PRINCIPAL STRUCTURE, UPON THE APPLICATION OF PAYCHECKS PLUS WHEREAS, the first reading of this ordinance was held on June 26, 2001, and the second reading and public hearing were held July 24, 2001; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on July 3, 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 .599 acres, as described herein, and located at 3716 Colonial Avenue (Tax Map Number 77.18-3-24) in the Cave Spring Magisterial District, is hereby changed from the zoning classification of C1-C, Office District with conditions, to the zoning classification of C1-C, Office District with amended conditions. 2.That this action is taken upon the application of Paychecks Plus. 3.That the current owner of the property requests the following amendment to the proffered conditions approved by the Board of Supervisors by Ordinance 121598-7, which the Board hereby accepts: (1)Signage shall be limited to a maximum of 30 square feet in area with soft lighting. (2)No additional exterior lighting shall be allowed. (3)Uses shall be limited to accounting/financial services businesses. (4)Parking lot access shall be off Thompsons Lane and shall be limited to a maximum of eight spaces (5)Parking shall be confined to the rear yard and side yard facing the C-2 building (on Thompsons Lane). (6)Hours of operation shall be limited to 7 am until 9 pm, 6 days 454 July 24, 2001 a week (Sunday off). (7)All external changes to the building shall be residential in appearance. (8)Any additions to the building shall be approved only through the Special Use Permitting process. 4.That said real estate is more fully described as follows: Being all of Lot 1 according to the Map of Section 2 of Green Valley made by T. P. Parker, SCE, November 19, 1955, of record in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Plat Book 3 at page 192. 5.That the Board finds that the granting of a special use permit to Paychecks Plus to expand the existing principal structure located at 3716 Colonial Avenue (Tax Map No. 77.18-3-24) 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: (1)All applicable Colonial Avenue Corridor Design Guidelines shall be in effect with the word "shall" replacing the word "should" throughout. (2)The proposed building expansion shall be limited to 700 square feet and 16 feet in height. (3)Building and parking additions shall be constructed in substantial compliance with site plan dated July 3, 2001, attached hereto as Exhibit A; and that any water runoff from the new construction shall be discharged to Colonial Avenue. 6.That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed to amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. On motion of Supervisor Minnix to adopt the ordinance with Condition #3 amended that any water runoff from the new construction shall be discharged to Colonial Avenue, and carried by the following recorded vote: AYES:Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS:None 2.Second reading of ordinance to obtain a Special Use Permit for a new convenience store and gasoline station on .873 acres located at 5944 Catawba Valley Drive, Catawba Magisterial 455 July 24, 2001 District, upon the petition of Craw-Mart, Inc. (Janet Scheid, Senior Planner) O-072401-8 Ms. Scheid advised that this request is to construct a new convenience store and expand a gasoline station. The proposal will demolish a circa 1940 building, replace it with a 3,600 square foot modern convenience store and add two fuel pumps to the existing two pumps. The business has functioned as a small country store for over sixty years with gasoline available since 1998 and lies in a large Rural Preserve designated area. At the Planning Commission, the architect explained that the proposed building will have the character of a country store, all merchandise sold excluding gasoline will be stored inside, and that septic drainfields and well are in place. In response to a question from Supervisor Johnson, Ms. Scheid explained that the petitioners had to get three variances from the Board of Zoning Appeals before coming to the Planning Commission. Supervisor Church noted that this project will provide a much needed service in the community and moved to adopt the ordinance. The motion carried by the following recorded vote: AYES:Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS:None ORDINANCE 072401-8 GRANTING A SPECIAL USE PERMIT TO CRAW- MART, INC. FOR A NEW CONVENIENCE STORE AND GASOLINE STATION TO BE LOCATED AT 5944 CATAWBA VALLEY DRIVE (TAX MAP NO. 13.00-1-56), CATAWBA MAGISTERIAL DISTRICT WHEREAS, Craw-Mart, Inc. has filed a petition for a special use permit for 456 July 24, 2001 a new convenience store and gasoline station to be located at 5944 Catawba Valley Drive (Tax Map No. 13.00-1-56) in the Catawba Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this matter on July 3, 2001; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first reading on this matter on June 26, 2001; the second reading and public hearing on this matter was held on July 24, 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 Craw- Mart, Inc. for a new convenience store and gasoline station to be located at 5944 Catawba Valley Drive (Tax Map No. 13.00-1-56) 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 condition: (1)Total signage shall not exceed 150 square feet. 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 3.Second reading of ordinance to obtain a Special Use Permit for a retail store on .601 acres located at 4347 Valley Avenue, Cave Spring Magisterial District, upon the petition of Play It Again Sports. (Janet Scheid, Senior Planner) O-072401-9 Ms. Scheid reported that Play It Again Sports, a used and new sports equipment retailer, plans to purchase the property at the corner of Valley Avenue and Franklin Road which is described in the Lowe’s Companies 1997 rezoning as the adjoining site of White House Antiques. They plan to demolish the existing building and construct a new building and site improvements. 457 July 24, 2001 There was no discussion and Supervisor Minnix moved to adopt the ordinance. The motion carried by the following recorded vote: AYES:Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS:None ORDINANCE 072401-9 GRANTING A SPECIAL USE PERMIT TO PLAY IT AGAIN SPORTS FOR A RETAIL STORE ON .601 ACRES LOCATED AT 4347 VALLEY AVENUE (TAX MAP NO. 87.08-5-2), CAVE SPRING MAGISTERIAL DISTRICT WHEREAS, Play It Again Sports has filed a petition for a special use permit for a retail store on .601 acres located at 4347 Valley Avenue (Tax Map No. 87.08-5-2) in the Cave Spring Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this matter on July 3, 2001; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first reading on this matter on June 26, 2001; the second reading and public hearing on this matter was held on July 24, 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 Play It Again Sports for a retail store on .601 acres located at 4347 Valley Avenue (Tax Map No. 87.08-5-2) 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: (1)Access to the property will be from a private drive that serves the Lowe’s parking lot, as shown on the site plan drawn by Craighead & Associates, dated 5/25/01. No access shall be allowed from either Valley Avenue, or U.S. 220, Franklin Road. 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 Minnix to adopt the ordinance, and carried by the following recorded vote: AYES:Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS:None 458 July 24, 2001 IN RE:CITIZEN COMMENTS AND COMMUNICATIONS 1. Russell Robinson, 4393 Pitzer Road, expressed concern about the approved I-73 corridor which will go through his property and will make it very difficult for him to sell. He asked the Board to oppose the corridor that was chosen by the Commonwealth Transportation Board. 2. Hector Wiltshire, 3277 Randall Drive, also opposed the I-73 corridor which will go through his property. He moved to the Roanoke Valley to retire and built his home because of the serenity, natural beauty and the Blue Ridge Parkway. He felt his property and investment will be reduced because of the I-73 corridor and asked for help from the Board. Supervisors Minnix and Nickens advised that the Board had not remained silent on the chosen I-73 corridor and Supervisor Nickens asked to meet with the residents after the meeting. IN RE:REPORTS AND INQUIRIES OF BOARD MEMBERS Supervisor Johnson: (1) He advised the Play It Again Sports petitioners who were out of the Board Meeting Room that their request was approved. (2.) He advised that a group of residents in Sun Valley are forming a civic league and would like to create a small park in partnership with Roanoke County where Project Impact removed the homes. They will be bringing their plans to Mr. Hodge for review. Supervisor McNamara: He reported that he had requested that Mr. Mahoney work with the residents involved in improving the Bent Mountain Library with a self-funded program. He asked Mr. Mahoney to bring back a status report. 459 July 24, 2001 Supervisor Church: (1) He reminded the Board that a resolution was adopted requesting a speed limit reduction at Fort Lewis Elementary School during school hours. He asked that staff check on the status of this request. (2) He announced that Glenvar Middle School renovations are on time and under budget. Supervisor Nickens: He asked Mr. Hodge and staff to review the proposed development that is in both Bedford and Roanoke County to see if the proposal could be improved. His primary concern was the density of the development. IN RE:ADJOURNMENT Supervisor Minnix adjourned the meeting at 8:15 p.m. to Monday, July 30, 2001 at 6:00 p.m. for an economic development work session in the fourth floor conference room. Submitted by,Approved by, __________________________________ Mary H. Allen, CMCH. Odell Minnix Clerk to the BoardChairman 460 July 24, 2001 This page left intentionally blank